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HomeMy WebLinkAbout06-21-2022 AGENDA City Council Meeting 4:00 PM - Tuesday, June 21, 2022 Council Chambers/Zoom App. Due to the COVID-19, 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 June 21, 2022 - Resolution to go In-Camera 17 2. CALL TO ORDER O Canada: Performed by: Violet Folino (recorded version) Land Acknowledgement and Traditional Indigenous Meeting Opening 3. ADOPTION OF MINUTES 3.1. Council Minutes of May 31, 2022 Minutes -City Council - 31 May 2022 - Pdf 18 - 30 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. DEPUTATIONS / PRESENTATIONS Page 1 of 817 6.1. Mayor's Youth Advisory Committee (MYAC) (Presentation added) The Mayor's Youth Advisory Committtee (MYAC) will provide Council with a presentation to include the following: • Scholarship presentation - MYAC Chairs, Aiden Bilon and Salony Sharma and Mr. Mitchinson will recognize the 3 scholarship recipients (Ethan Zahn, Finesse Warriner and Serena Butera). • Annual Deputation - MYAC Chairs to review MYAC's 2021/2022 school year. Memo 2022 MYAC Scholarship Recipients Presentation - MYAC - Deputation 31 - 41 7. PLANNING MATTERS 7.1. PBD- PBD-2022-44 (Report added, comments added) AM-2022-007 Official Plan and Zoning By-law Amendment Application 5647-5669 Main Street and part of 5662 Lowell Street To permit a 10 storey mixed-use building with 107 dwelling units Applicant: Ed and Ruth Ann Nieuwesteeg and 2738129 Ontario Inc. (Dr. George & Karen Zimakas) and Sandra Josephine Smith Agent: ACK Architects (Michael Allen) Recommendations: 1. That Council approve the Official Plan and Zoning By-law amendments as detailed in this report to permit a 10 storey mixed-use building on the subject lands, subject to providing a 45 degree angular plane from the rear lot line to the top of the building, and subject to the other 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 engineering report and third party hydraulic modelling. 3. That Council approve the request to pass a by-law to deem Lots 9 and 10 of Plan 653, 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. 42 - 63 Page 2 of 817 PBD-2022-44 - AM-2022-007 Official Plan and Zoning By-law Amendment Application5647-5669 Main Street and part of 5662 Lowell StreetTo permit a 10 s - Pdf Presentation - AM-2022-007 Public Meeting_5647, 5659, 5669 Main St & Part of 5662 Lowell St Comments from residents (Redacted) - AM-2022-007 8. REPORTS 8.1. MW- MW-2022-32 Final Asset Management Plan - Core Assets Recommendations: 1. That the City's Asset Management Plan for Core Assets be Endorsed by the CAO and approved by a resolution passed by City Council as required under Ontario Regulation 588/17 for subm ission to the Ministry of Municipal Affairs and Housing by July 01, 2022; and further, 2. That the recommendations of the Asset Management Plan including the financing strategy, development of a 10-year capital budget, utilization of risk-based prioritization, and increase of asset condition knowledge be incorporated into the 2023 Budget process; and further, 3. That Council consider additional staffing needs as part of the 2023 Budget process in support of the organizational changes to ensure accountability for City-wide asset management activities and the adoption of consistent and standardized asset management practices is executed; and further, 4. That Council authorize the award of an asset management consulting service contract to SLBC Inc. in the amount of $99,536 plus applicable taxes in support of the development of the Asset Management Plan for Non-Core Assets due July 01, 2024. MW-2022-32 - Final Asset Management Plan - Core Assets - Pdf 64 - 209 8.2. F- F-2022-28 Monthly Tax Receivables Report - May Recommendation: 210 - 213 Page 3 of 817 That Council receive the Monthly Tax Receivables report for information purposes. F-2022-28 - Monthly Tax Receivables Report - May - Pdf 8.3. F- F-2022-29 Low Income Seniors and People with Disabilities Water and Property Tax Rebate Programs Recommendation: For the information of Council. F-2022-29 - Low Income Seniors and People with Disabilities Water and Property Tax Rebate Programs - Pdf 214 - 216 8.4. F- F-2022-32 Fire Truck Procurement Update Recommendations: 1. That Council approve a 2022 capital budget amendment of $75,000 funded from Capital Special Purpose Reserves to fund the purchase of two replacement fire trucks. 2. That Council receive and file report F-2022-32 F-2022-32 - Fire Truck Procurement Update - Pdf 217 - 219 8.5. F- F-2022-33 Development Charges Treasurer's Statements Recommendation: That Council receive this report and attachments for information. F-2022-33 - Development Charges Treasurer's Statements - Pdf 220 - 227 8.6. MW- MW-2022-31 (Presentation added) Niagara Falls Cemetery Services - Comprehensive Cemeteries Plan Fraser Drysdale from GSP Group, will share a presentation to Council. Recommendations: 228 - 388 Page 4 of 817 1. That Council approve the Comprehensive Cemeteries Plan attached to this report; and further, 2. That Council consider the financial implications of the Comprehensive Cemeteries Plan as part of future budget review processes. MW-2022-31 - Niagara Falls Cemetery Services - Comprehensive Cemeteries Plan - Pdf Presentation - 20178 Niagara Falls Cemeteries CP Presentation 2022-06-21 8.7. MW- MW-2022-33 Welcome To Chippawa Sign Feature Condition and Information Recommendations: 1. That Council receive this report for information 2. That future planning, design, and improvements to the Welcome To Chippawa Sign Feature be referred to future Capital Budgets for consideration. MW-2022-33 - Welcome To Chippawa Sign Feature Condition and Information - Pdf 389 - 397 8.8. MW- MW-2022-34 Update on Implementation Strategy for the Climate Change Adaptation Plan Recommendations: 1. That Council receive for information this update on the implementation strategy for the climate change adaptation plan; and further, 2. That Council refer to the 2023 budget process considerations relating to staff complement increases necessary to support ongoing efforts to lead and deliver climate change initiatives; and further, 3. That Council authorize the CAO to exercise delegated authority to enter into partnership(s) with Local Area Municipalities, the Conservation Authority, or the Region for sharing of additional Climate Change related resources including potential staffing resources; and further, 398 - 430 Page 5 of 817 4. That Council approve a 2023 pre-budget request in the amount of $75,000 for the purposes of engaging a consultant to assist with completion of the implementation strategy including additional public consultation, a risk and vulnerability assessment, vetting of recommendations, cost forecasting, a best-practices review, an organizational review, and report preparation. MW-2022-34 - Update on Implementation Strategy for the Climate Change Adaptation Plan - Pdf 8.9. MW- MW-2022-37 School Crossing Guards - Level of Service Review Recommendation: That Council approve the Staff recommendation to discontinue midday (lunch-time) school crossing guard services for all locations, effective June 30, 2022. MW-2022-37 - School Crossing Guards - Level of Service Review - Pdf 431 - 433 8.10. R&C- R&C-2022-10 Awarding of Public Art at the Exchange That City Council receive R&C-2022-10, Awarding of Public Art at the Niagara Falls Exchange report. R&C-2022-10 - Awarding of Public Art at the Exchange - Pdf 434 - 440 8.11. PBD- PBD-2022-45 (Report added) Honourary Street Naming Recommendation: That Council direct staff to prepare an Honourary Street Naming policy for Council’s review and consideration. PBD-2022-45 - Honourary Street Naming - Pdf 441 - 470 8.12. F- F-2022-30 (Report added) Insurance Renewal Report 471 - 472 Page 6 of 817 THAT Council approve the 2022-2023 Comprehensive Insurance Program from Intact Public Entities Inc. F-2022-30 - Insurance Renewal Report - Pdf 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. MW- MW-2022-35 Cummington Square West – Accessible Parking Recommendation: Subject to approval by the Mayor's Accessibility Advisory Committee at their scheduled June 27, 2022 meeting, that the accessible parking space on the southwest side of Cummington Square West between a point 29 metres northwest of Main Street and a point 35 metres northwest of Main Street to be relocated to a location between a point of 59 metres northwest of Main Street and a point 65 metres northwest of Main Street. MW-2022-35 - Cummington Square West – Accessible Parking - Pdf 473 - 475 9.2. MW- MW-2022-36 Main Street between Lundy’s Lane/Ferry Street & North Street - New Cycling Lanes Recommendations: 1. That a curb-side bicycle lane be designated for cyclist use only on the east side of Main Street between Lundy’s Lane/Ferry Street & North Street; 2. That a bicycle lane separated by on-street parking and a 1.0 metre buffer be designated for cyclist use only on the west side of Main Street between Lundy’s Lane/Ferry Street & North Street; 476 - 479 Page 7 of 817 3. That two (2) on-street parking spaces be removed on the east side of Main Street between a point 67 metres north of Ferry Street and a point 97 metres north of Ferry Street; 4. That a No Parking restriction be established on the east side of Main Street, on the segments that are currently unrestricted, between Lundy’s Lane/Ferry Street & North Street; 5. That Council pass the amending by-law on tonight’s agenda. MW-2022-36 - Main Street between Lundy’s Lane/Ferry Street & North Street - New Cycling Lanes - Pdf 9.3. MW- MW-2022-38 School Crossing Guards Reviews Recommendations: 1. That Council approve School Crossing Guard services at the intersection of Beaverdams Road at Watson Street. 2. That Council approve the discontinuation of School Crossing Guard services at the following locations: a. Morrison Street at Portage Road (east intersection); and b. Lundy’s Lane at Highland Avenue. MW-2022-38 - School Crossing Guards Reviews - Pdf 480 - 482 9.4. PBD- PBD-2022-43 26CD-11-2021-005 Record of Site Condition Update Recommendation: That Council accept the report for information purposes. PBD-2022-43 - 26CD-11-2021-005Record of Site Condition Update - Pdf 483 - 484 9.5. R&C- R&C-2022-11 Update of Museum Policies Recommendation: That Council accept the updated Museum policies as presented. 485 - 501 Page 8 of 817 R&C-2022-11 - Update of Museum Policies - Pdf 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 #10.10. 10.1. Downtown BIA - Update of BIA slate of officers Attached is a letter from the Downtown BIA updating the slate of officers seeking approval from Council. City of Niagara Falls - Board Members 502 - 503 10.2. Noise By-law Exemption - Drive-In Car Show - Firemen's Park Attached is a request to extend the noise by-law to 11:00 PM on Saturday, August 20, 2022 to allow for the drive-in car show event at Firemen's Park. Noise By-law Exemption - Drive-In Car Show 504 - 505 10.3. Noise By-law Exemption - Taps Brewhouse Outdoor Events 2022 Taps Brewhouse is seeking relief from the Amplified Noise By-law for a number of summer events as listed in the attached letter. Noise By-law Exemption - Taps Brewhouse Outdoor Events 2022 506 10.4. Resolution - Town of Aurora - Mandatory Firefighter Certificate Attached is correspondence from the Town of Aurora's Council meeting of May 24, 2022, regarding a resolution adopted by Council respecting "Mandatory Firefighter Certification." Letter-AuroraResolution-MandatoryFirefighterCertification 507 - 508 Page 9 of 817 10.5. Lighting Niagara Falls City Hall Blue - Arthritis Awareness Month The Arthritis Society is requesting approval from Council to light the Niagara Falls City Hall building blue on Thursday, September 1, 2022 in support of Arthritis Awareness Month. Illumination of City Hall Request - Arthritis Society 509 - 510 10.6. Memo from Planning Regarding: PLC-2022-009, Request for Removal of Part Lot Control Lots 18, 48, and 62, Registered Plan 59M-491, Lyons Creek Phase 5 9336-9338 White Oak Ave. (Lot 18); 9297-9299 Griffin St. (Lot 48); and 9253-9255 White Oak Ave. (Lot 62) Memo to Council - PLC-2022-009 511 10.7. Memo from Planning Regarding: PLC-2022-010, Request for Removal of Part Lot Control Lots 63 to 68 inclusive and Block 69, Registered Plan 59M-491, Chippawa West 9215-9249 White Oak Avenue and 9200-9210 Griffin Street Memo to Council - PLC-2022-010 512 10.8. Proclamation Request - Rail Safety Week Attached is a letter from CN requesting Council to support "Rail Safety Week" to be held from September 19-25, 2022. Email from CN - Rail Safety Week Proclamation Request - RSW2022_EN_Resolution_Canada 513 - 515 10.9. Fallsview BIA-2022 Budget The Fallsview BIA is asking Council to approve their 2022 budget at $103,000.00. Email from Fallsview BIA Vice-Chair 516 10.10. Seniors Advisory Committee - Memo for Council 517 Page 10 of 817 Motion from Committee: For Council to direct finance staff to create a comprehensive rebate policy regarding water and property tax for lower income seniors. Clerk's Memo - Water rebate 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive and file for information Item #11.1 through to and including Item #11.8. 11.1. Niagara District Airport Commission The attached letter was received from Dan Pillon, CEO of the Niagara District Airport regarding the RFP. RFP Motion - NF 518 11.2. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following matters: 1) Brownfield Tax Assistance Incentive Funding Request 2) Waste Management System By-law and Access to Closed Landfill and Repurposed Sites By-law Updates CLK-C 2022-075 PDS 15-2022-Brownfield Tax Assistance Incentive Funding Request PDS 15-2022-Brownfield Tax Assistance Incentive Funding Request CLK-C 2022-074 PW 19-2022 - Waste Management System By- law and Access to Closed Landfill and Repurposed Sites By-law Updates 519 - 740 11.3. Resolution - City of Kitchener - Energy Performance Tiers Attached is a resolution regarding higher energy performance tiers. City of Kitchener - Resolution-Letter - Energy Performance Tiers 741 - 742 11.4. Resolutions - Town of Fort Erie - Federal Government's Plans to Tax Vacant Foreign Owned Properties and Bidding Wars on Apartment Rentals 743 - 746 Page 11 of 817 Attached are two resolutions from the Town of Fort Erie. Trudeau-Tax Foreign Owned Trudeau-Ford - Bidding War on Apartments 11.5. Resolution - Town of Fort Erie - ArriveCAN & Covid-19 Travel Measures to Enter Canada The Municipal Council of the Town of Fort Erie at its meeting of May 30, 2022 passed the attached resolution regarding ArriveCAN & COVID-19 Travel Measures to Enter Canada. Trudeau-ArriveCAN Travel Measures-NF 747 - 752 11.6. Resolution - City of Thorold - Declaring a state of emergency of mental health, homelessness and addiction in the City of Thorold. Please be guided by the attached correspondence to declare a state of emergency of mental health, homelessness and addiction in the City of Thorold. Resolution - City of Thorold - Mental Health, Homelessness and Addiction State of Emergency 753 - 754 11.7. Letter to Municipal Councils - from the Municipal Engineers Association (MEA) Attached is a letter regarding the retention of professional engineers at Ontario municipalities. Letter to Municipal Councils- The Retention of Professional Engineers at Ontario Municipalities 755 - 756 11.8. Environmental Concerns - Former Cyanamid Lands, First Avenue, Bridge Street Email from Mike Cushman 757 - 764 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council Refer to Staff Item #12.1 through to and including Item #12.3. Page 12 of 817 12.1. Fallsview BIA - Letter to City - Niagara Civic & Convention Centre, Inc. Request for the City of Niagara Falls to amend the Fallsview BIA agreement. Letter to city from Fallsview BIA - final NCCC commitment 765 12.2. Street Name Change Request (Additional letter added) Staff have received a request for a street name change of Marineland Parkway. Street Name Change request Hope for Kiska Blvd 766 - 769 12.3. Electric Scooter By-law Resident Joedy Burdett would like Council to implement the Provincial Kick-Style Pilot Project that allows municipalities to choose where and how e-scooters may be used. email from Joedy Burdett - Electric Scooter by-law request 770 - 771 13. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 13.1. Niagara Regional Correspondence Attached is correspondence from the Niagara Region regarding the Waterpipe Smoking By-law. RECOMMENDATION: That the City of Niagara Falls consents to the passage of the Waterpipe By-law of the Regional Municipality of Niagara, being a by-law to regulate waterpipe smoking in the Region. CLK-C 2022-073 Waterpipe Smoking By-law 772 - 798 13.2. Free Transit Trips Request - 2022 Canada Summer Games Attached is a memorandum from Transit Services requesting free transit for the volunteers and participants at the 2022 Canada Summer Games. RECOMMENDATION: That the Council of the City of Niagara Falls approves the request by the Niagara 2022 Canada Summer Games for free trips on Niagara Falls Transit services to participants and volunteers who can present their accreditation at the time of boarding between the dates of August 3 to August 24, 2022. 799 - 800 Page 13 of 817 Memo - 2022 Canada Summer Games - Free Transit Trips Request N2022CSG - Transit Request 15March2022 14. RESOLUTIONS 14.1. MW- MW-2022-32 Final Asset Management Plan No. Moved by: Councillor XX Seconded by: Councillor XX WHEREAS Ontario Regulation 588/17 Asset Management Planning for Municipal Infrastructure, made under the Infrastructure for Jobs and Prosperity Act, 2015 sets forth requirements for Ontario municipalities as it pertains to Asset Management planning and reporting for municipal infrastructure; and; WHEREAS Ontario Regulation 88/17 Section 3.(1) specifies that every municipality shall prepare an asset management plan in respect of its core municipal infrastructure assets by July 1, 2022, and in respect of all of its other municipal infrastructure assets by July 1, 2024; and WHEREAS Ontario Regulation 588/17 Section 8. Specifies that every asset management plan prepared under Ontario Regulation 588/17 under Section 5: Asset Management Plans, Current Levels of Service or Section 6: Asset Management Plans, Prop osed Levels of Service, or updated under Section 7: Update of Asset Management Plans, must be: a. Endorsed by the executive lead of the municipality; and b. Approved by a resolution passed by the municipal council THEREFORE BE IT RESOLVED THAT the City's Asset Management Plan for Core Assets be ENDORSED by the CAO and approved by City Council as required under Ontario Regulation 588/17 for submission to the Ministry of Municipal Affairs and Housing by July 01, 2022 MW-2022-32 - Final Asset Management Plan - Pdf No.7 - Resolution - Final AMP-_MW_2022_32_June 2022 801 - 803 Page 14 of 817 15. RATIFICATION OF IN-CAMERA 16. NOTICE OF MOTION/NEW BUSINESS 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. 17. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2022- 070. 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 JUN 21 By-law Enforcement Officers 804 - 806 2022- 071. A By -law to appoint Deputy Lottery Licensing Officers. Deputy Lottery Licensing Officer by-law 807 2022- 072. 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-2022-27 Ascot Circle By-Law Amendment 808 - 809 2022- 073. A by-law to designate Lots 18, 48, and 62, Registered Plan 59M- 491, not to be subject to part-lot control (PLC-2022-009). By-law - PLC-2022-009 810 2022- 074. A by-law to designate Lots 63 to 68 inclusive and Block 69, Registered Plan 59M-491, not to be subject to part-lot control (PLC-2022-010). PLC-2022-010 Bylaw 811 Page 15 of 817 2022- 075. A by-law to amend By-law Nos. 79-200 and 2013-126, to permit the use of the Lands to apartment dwellings (AM-2022-006). Bylaw - AM-2022-006 Bylaw - AM-2022-006 Schedule 1 812 - 816 2022- 076. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 21st day of June, 2022. 06 21 22 Confirming By-law 817 18. ADJOURNMENT Page 16 of 817 The City of Niagara Falls, Ontario Resolution June 21, 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 June 21, 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 subject matter being considered is; (a) the security of the property of the municipality or local board; (c) a proposed or pending acquisition or disposition of land by the municipality or local board; (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality. THEREFORE BE IT RESOLVED that on June 21, 2022 Niagara Falls City Council will go into a closed meeting to consider matters that fall under section 239 (2) (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality as well as section 239 (2) (c) to discuss a proposed or pending acquisition or disposition of land by the municipality in relation to Cemetery Services. Council will also consider matters that full under section 239 (2) (a) the security of the property of the municipality regarding the City’s insurance coverage. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 17 of 817 MINUTES City Council Meeting Tuesday, May 31, 2022 at 4:00 PM Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, May 31, 2022, at 4:00 PM, in the Council Chambers/Zoom App, 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) COUNCIL ABSENT: Councillor Wayne Campbell, Councillor Carolynn Ioannoni STAFF PRESENT: Jason Burgess, Bill Matson, Nidhi Punyarthi, Kira Dolch, Erik Nickel (Chambers) Alexa Cooper, Andrew Bryce (In Chambers for Planning matters). Carla Stout, Jonathan Leavens, Kathy Moldenhauer, Serge Felicetti, Jo Zambito, Trent Dark (attending via Zoom App). 1. CALL TO ORDER The Open Council meeting was called to order at 4:10 PM. O Canada: Performed by: Sandy Bird (in person) Land Acknowledgement and Traditional Indigenous Meeting Opening 2. ADOPTION OF MINUTES 2.1. Council Minutes of May 10, 2022 Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo That Council approve the minutes of the May 10, 2022 meeting as presented. Carried Unanimously 3. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Lori Lococo declared a conflict of interest to the following items due to her spouse's former employer being the Downtown BIA: • Item #7.1 - Fee Waiver Report - Downtown BIA application only. • By-law #2022-59 - Parking on Queen Street. b) Councillor Victor Pietrangelo declared a conflict of interest to a new business item that was discussed regarding a thank you letter being sent to the provincial government about the hospital. Page 1 of 13 Page 18 of 817 c) Councillor Vince Kerrio declared a conflict of interest to the following items on the agenda: • Item #11.1 - Victor Centre BIA - as he is a property owner. • Item #11.2 - AM-2021-019 - Redevelopment - neighbour • By-law 2022-62 and Bylaw-2022-63 - Embassy Suites planning - own property beside it. d) Councillor Wayne Thomson declared a conflict of interest to by-laws-2022-62 - 2022-68. 4. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: • Lynn Poole, retired City Staff Member. • Mary Ann Thompson, former staff in our Clerk's Office. • Marzena Parniak, mother of Michael Parniak in our Municipal Works Department. • Andrew Paterson, father of Sam Paterson, from our Procurement Department. • Gary Krause, brother of Rita Pullia in our Payroll Department. • Orlando Garofolo, retired City of Niagara Falls staff member. b) Mayor Diodati mentioned the following events: Key to the City – Howie Mandel • Absolute honour to present & was for Howie to receive • Told story of how he vacationed in NF on weekends with his family • Makes millions laugh & NF makes millions happy • Great ambassador—humour, smiles, bringing people together • National Public Works Week • Thank you to our City Staff in Public Works • Sometimes a thankless job • Held a BBQ to thank them for their service Croatia Statehood Day - Flag Raising • Also attended by Councillor Thomson Pride-Progress Flag Raising • Also attended by Councillor Lococo and Councillor Ioannoni City Council Representatives Grand Opening PenFinancial Credit Union Councillor Dabrowski Spark Open House and Pitch Competiion Councillor Strange Sunrise Rotary Tree Planting Councillor Strange Retirement Celebration for Gwen D’Onfrio Councillor Pietrangelo Page 2 of 13 Page 19 of 817 Niagara Regional Police Dedication for Constable Joan VanBreda Councillor Dabrowski FACS LemonAID Twist Councillor Strange Diversity in Curling Symposium with Canadian Curling Champion Kerri Einarson Councillor Pietrangelo Grand Openings/ Business Happenings [photos for each one] • Taku Sushi & Ramen • Stacked Pancake House o Councillors Strange, Thomson • Oyster Fest - Tide and Vine o Councillor Thomson c) The next Council meeting is scheduled for Tuesday, June 21st, 2022. 5. DEPUTATIONS / PRESENTATIONS 5.1. Accessibility Advisory Committee - Honouring Mr. Ian Greaves and Proclamation Request Bob Romanuk, Niagara Falls Accessibility Advisory Committee Chair, recognized Mr. Ian Greaves, long serving member (25 years) of the committee, whom has recently passed. Further, Mr. Romanuk is seeking approval from Council to proclaim the week of May 29th to June 4th, 2022 as "National Access Awareness Week" in the City of Niagara Falls. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That City of Niagara Falls' Council approve the request to proclaim the week of May 29th to June 4th, 2022 as "National Access Awareness Week" in the City of Niagara Falls and that the official flag and logo of the Mayor's Accessibility Committee be raised during this week at the front of City Hall; furthermore, that staff be directed to meet with the committee to discuss an appropriate place on trail to plant a tree in honour of Mr. Ian Greaves. Carried Unanimously 5.2. Park in the City Presentation - 50 by 30 Niagara Climate Action Team Herb Sawatsky, who represents the 50 by 30 Niagara Climate Action Team made a brief presentation to Council. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange Page 3 of 13 Page 20 of 817 That Council receive the presentation from Herb Sawatzky and for staff to report back on any follow-up stemming from the Park in the City presentation and to include this information into the Climate Adaptation program. Carried Unanimously 5.3. 2022 Hockey Canada Foundation Gala & Golf Larry Landon, Chair of the 2022 Hockey Canada Foundation Gala and Golf event, spoke to Council to promote the upcoming event being hosted in Niagara Falls on Thursday, June 23rd and Friday, June 24, 2022. Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson That Council donate $5000.00 to our local Minor Hockey Association, which will be used to purchase a table for 10 people to attend and experience the Hockey Canada Foundation Gala event on Thursday, June 23, 2022; furthermore, that Council extend the challenge to encourage other Local Area Municipalities (LAMs) to consider making a donation and to further promote the event through the City's website. Carried (Councillor Lococo was opposed to the vote). 6. PLANNING MATTERS 6.1. PBD- PBD-2022-42 AM-2022-006, 26CD-11-2022-001, 26CD-11-2022-002, and 26CD-11-2022- 003 Zoning By-law Amendment, Phased Standard Plan of Condominium, and Standard Plan of Condominiums 6705 Cropp Street, 4735, and 4737 Pettit Avenue Applicant: Winzen Niagara Homes Ltd. (Raymond Zenkovich) Agent: Upper Canada Consultants (William Heikoop) The Public meeting commenced at 5:33 PM. Alexa Cooper, Planner 2, gave an overview of the background report PBD - 2022-42. There were no members of the public wishing to speak to this report. Matt Kernahan, acting as the Agent, from Upper Canada Consultants was available for questions. The Public meeting was closed at 5:42 PM. Moved by Councillor Vince Kerrio Seconded by Councillor Chris Dabrowski Page 4 of 13 Page 21 of 817 1. That Council approve the Zoning By-law amendment application to rezone the land to three separate site-specific Residential Apartment 5D (R5D) zones to facilitate the three standard plans of condominium (two standard and one phased), subject to the regulations outlined in this report; 2. That the Standard Plan of Condominiums be draft approved subject to the conditions in Appendix A; 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 three Condominium Agreements and any required documents to allow for the future registration of the three condominiums when all matters are addressed to the satisfaction of the City Solicitor. Carried Unanimously 7. REPORTS 7.1. CLK- CLK-2022-11 Fee Waiver Applications - -Downtown Board of Management - Heart Niagara Picnic on Q -Project Share - Tow Your Weight Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo That Council approve the Fee Waiver Application for: 1)Downtown Board of Management - Heart Niagara Picnic on Q - in the amount of $242.67 for the waiving of the road closure costs (staff and equipment). 2) Project Share - Tow your Weight for Project Share - in the amount of $237.09 for the waiving of the floor rental at the Gale Centre. 3) That Council acknowledge the out of budget expenditure (if approved, the fee waiver budget would be over-budget by $12,732.81) and to have Staff find a positive variance to help fund this budgetary overrun. Carried Unanimously (Councillor Lococo declared a conflict to the Downtown Board of Management Request - #1). 7.2. F- F-2022-26 Corporation of the City of Niagara Falls, Ontario – Trust Funds Financial Statements December 31, 2020 Moved by Councillor Vince Kerrio Seconded by Councillor Chris Dabrowski Page 5 of 13 Page 22 of 817 That Council approve the draft trust funds financial statements for the year ended, December 31, 2020, the 2020 draft post-audit letter and the 2020 draft management letter. Carried Unanimously 7.3. MW- MW-2022-26 Fern Park Trail and Corwin Park Trail Development 2022-507-20 Contract Award Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1. That Council award the Fern Park Trail and Corwin Park Trail Development 2022-507-20 to the lowest compliant bidder, D&R Landscape Group Inc. for $314,606.75 + HST. 2. That Council approve a 2022 capital budget amendment for the Fern Park Trail Development Project (P112) in the amount of $50,000, to be funded by the Parks Development Charges Reserve. 3. That the Mayor and Clerk be authorized to execute the necessary document. Carried Unanimously 7.4. MW- MW-2022-29 Direct Vendor Fleet Negotiations Moved by Councillor Wayne Thomson Seconded by Councillor Vince Kerrio 1. That Council direct the Manager of Fleet Operations and Manager of Procurement to negotiate directly with local vendors for fleet purchases described in this report; and further, 2. That until December 31, 2022, Council delegate the authority to the CAO to approve such purchases to secure the required vehicles/equipment. Carried Unanimously 8. CONSENT AGENDA 8.1. CLK- CLK-2022-12 Updates to Council's Code of Conduct Moved by Councillor Vince Kerrio Seconded by Councillor Victor Pietrangelo That Council receive this report for information and formally direct staff to update the City's Code of Conduct to reflect the information contained in this report. Carried (Councillor Lococo was opposed to the vote). Page 6 of 13 Page 23 of 817 8.2. F- F-2022-27 Monthly Tax Receivables Report - April Moved by Councillor Wayne Thomson Seconded by Councillor Chris Dabrowski That Council receive the Monthly Tax Receivables report for information purposes. Carried Unanimously 8.3. MW- MW-2022-27 Ascot Circle - Parking Control Review Moved by Councillor Wayne Thomson Seconded by Councillor Chris Dabrowski 1. That the existing No Parking restriction on the north side of Ascot Circle between a point 125 metres west of Sabine Drive (East Intersection) and a point 45 metres west of Sabine Drive (East Intersection) be extended easterly by 140 metres; 2. That a No Parking restriction be established on the south side of Ascot Circle between a point 18 metres west of Secretariat Court and a point 15 metres east of Secretariat Court; and, 3. That a No Parking restriction be established on the south side of Ascot Circle between a point 13 metres west of Sabine Drive (East Intersection) and a point 18 metres east of Sabine Drive (East Intersection). Carried Unanimously 8.4. MW- MW-2022-28 Drummond Road between Thorold Stone Road & Cherrywood Street – Cycling Lanes Moved by Councillor Wayne Thomson Seconded by Councillor Chris Dabrowski 1. That the onstreet bicycle lane on the west side of Drummond Road between Thorold Stone Road and Cherrywood Road be designated for cyclist use only; 2. That the onstreet bicycle lane on the east side of Drummond Road between Gallinger Street and Cherrywood Road be designated for cyclist use only; 3. That a No Parking restriction be established on the east side of Drummond Road between a point 40 metres south of Crawford Street and a point 21 metres north of Cherrywood Road; 4. That No Standing restrictions be established at transit stops on both sides of Drummond Road between Sheldon Street and Cherrywood Road; and, Page 7 of 13 Page 24 of 817 5. That Council pass the amending by-law on tonight’s agenda. Carried Unanimously 8.5. MW- MW-2022-30 Single Source Procurement - Contract 2022-517-20 Reixinger New Watermain and QEW Crossing (Stanley Avenue to Montrose Road) Construction Services Moved by Councillor Wayne Thomson Seconded by Councillor Chris Dabrowski That Council AUTHORIZE staff to award a professional construction services administration contract to Associated Engineering Ltd. in the amount of $346,242 plus applicable taxes in support of the construction of a redundant watermain feed for the development of the New South Niagara Hospital. Carried Unanimously 8.6. PBD- PBD-2022-41 26CD-11-2019-003, Extension of Vacant Plan of Condominium 6894 Garner Road Applicant: Kingsway Developments (6894 Garner) Inc. Moved by Councillor Wayne Thomson Seconded by Councillor Chris Dabrowski That Council grant a 1-year extension to draft plan approval of the Plan of Vacant Land Condominium ending October 22, 2023. Carried Unanimously 8.7. CLK- CLK-2022-10 Implementation of Building Drawings Disclosure Policy Moved by Councillor Wayne Thomson Seconded by Councillor Chris Dabrowski THAT City of Niagara Falls Council approve the attached Building Drawings Disclosure Policy, andTHAT Council receive report CLK 2022-10 for information. Carried Unanimously 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1. Noise By-law Exemption - Gujatari Society Niagara Inc. - Outdoor Concert The Gujatari Society Niagara Inc, is hosting an outdoor concert on Saturday, July 16, 2022 at Firemen's Park and is requesting a noise by-law exemption to allow the band to play until 10:30 PM. 9.2. Proclamation Request - 230th Anniversary - Black Loyalist exodus Page 8 of 13 Page 25 of 817 A letter to the Mayor and Council is attached requesting the City of Niagara Falls to acknowledge the 230th Anniversary of the remarkable Black Loyalist exodus from Halifax to Freetown. 9.3. Proclamation Request - "Never Give Up Day" - Thursday, August 18, 2022 Attached is a request to proclaim Thursday, August 18, 2022, as "Never Give Up Day" and invite the citizens to make this day a springboard for awareness- raising actions. Never Give Up Day is a global celebration day focused on cultivating a mindset of determination. 9.4. Memo - Seniors Advisory Committee - Terms of Reference The Committee has reviewed the terms of reference and has made some recommendations for the new term. 9.5. Correspondence from United Way - Niagara - Period Poverty Advocacy Brief United Way is releasing a Period Poverty Advocacy Brief across Niagara to all levels of government, local businesses and organizations. These advocacy efforts are intended to encourage the implementation of policies to ensure that free, equitable access to period products is available in facilities across the community. Direction to staff: To have staff follow up to provide an update as to which city facilities have products available. 9.6. Noise By-law Exemption and Request to Waive licensing requirements - Niagara Falls Queen Street Latin Festival The event organizers are requesting a noise by-law exemption and approval to waive the licensing requirements for an upcoming event being held on Saturday, July 23, 2022 and Sunday, July 25, 2022 from 1 1 AM to 11 PM on Queen Street, between Crysler Avenue and Buckley Avenue. Council is also asked to declare the festival an "Event of Municipal Significance" in order to assist with obtaining permits from the AGCO. 9.7. Memo - Transportation The attached memo deals with the free transit request for June 22nd, 2022 and the alternate transit routing criteria. RECOMMENDATION: For Council's Consideration. 9.8. Noise By-law Exemption - St. George Serbian Orthodox Church St. George Serbian Orthodox Church is requesting an exemption to the City's Noise By-law to be extended to 11:00 PM on the dates specified in attached letter. 9.9. Clifton Hill BIA - 2022 Budget Request Attached is Clifton Hill BIA's budget request for 2022. Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo Page 9 of 13 Page 26 of 817 That Council approve/support Item #9.1 to and including Item #9.9. Carried Unanimously 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Development Charges - Niagara Region A letter from "Landscape Ontario" is attached regarding the concerns related to development charges at the region. Moved by Councillor Lori Lococo Seconded by Councillor Vince Kerrio That Council refer this letter from "Landscape Ontario Horticultural Trades Association" to staff, for further comments and feedback. Carried Unanimously 10.2. Resolution - City of Brantford - Letter to FCM and AMO Release of all Federal and Provincial Documents Attached is a decision of Brantford Special City Council from its meeting held on May 17, 2022. 10.3. Niagara Regional Council Motion - Voluntary Russian Sanction Attached is a motion from the Niagara Region regarding a Voluntary Russian Sanction Request. 10.4. Memo - Response to Council New Business Motion - Environmental Concerns Attached is a memorandum from Municipal Works along with attachments from the Regional Council Agenda, to respond to the new business item 16. c) from the May 10, 2022 agenda. Direction to Staff: Councillor Lococo to provide Erik Nickel with a more detailed list of concerns relating to this issue and Erik to compile this information and forward to the Region. Moved by Councillor Vince Kerrio Seconded by Councillor Victor Pietrangelo That Council receive and file for information Item #10.2 through to and including Item #10.4. Carried Unanimously 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Victoria Centre BIA - Request to enforce by-law - Keeping City sidewalks clear Page 10 of 13 Page 27 of 817 The VCBIA is asking the city to instruct the by law officers to enforce the bylaw that requires business owners to keep city property clear of any furniture that is not owned by the city for the safe passing of pedestrians. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That Council refer to staff this matter regarding the Victoria Centre BIA and the request to enforce the by-law to keep the sidewalks clear. Carried Unanimously (Councillor Vince Kerrio declared a conflict). 11.2. AM-2021-019 5613, 5631-5633 Victoria Avenue Planning Letter Regarding Parking Ratio for Walnut & Victoria Redevelopment Attached is a letter dated May 25, 2022 from Rocky Vacca, Sullivan Mahoney LLP. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That Council refer to staff the letter from Sullivan Mahoney, relating to AM- 2021-019, 5613, 5631-5633 Victoria Avenue. Carried Unanimously (Councillor Vince Kerrio declared a conflict). 12. NOTICE OF MOTION/NEW BUSINESS a) AirBNB Moved by Councillor Lori Lococo Seconded by Councillor Wayne Thomson That Council direct staff to further investigate the AirBNB enforcement. Carried Unanimously b) Fireworks in Niagara Falls - 144 Consecutive nights Direction to Staff: for Staff to forward along residents' comments to the various stakeholders involved in the daily fireworks display. c) Streets-sweeping in Niagara Falls Erik Nickel, Director of Municipal Works, updated Council with the City's plan to streets-sweep starting June 1st for a one week blitz. d) 2021 Attendance Report - Council Meetings Direction to Staff: that staff bring a report back to Council that includes the attendance of Council Members for 2021. e) Niagara Falls Memorial Arena - by-law enforcement Page 11 of 13 Page 28 of 817 Councillor Dabrowski reported the poor condition of the property surrounding the Niagara Falls Memorial Arena mentioning the spray-painted graffiti and overgrown grass that currently exists. Direction to staff - Jason Burgess, CAO, to pass along this concern to by-law enforcement to ensure proper attention to this property. f) Downtown Security Cameras Councillor Pietrangelo discussed the matter of the downtown security cameras. Direction to staff: Erik Nickel to follow-up with the Niagara Regional Police to determine if the NRP will agree to be in the care and control of the cameras. g) Letter of thanks to Provincial Government - commitment to Niagara Falls hospital. Moved by Councillor Vince Kerrio Seconded by Councillor Mike Strange That Council direct staff to forward a letter of gratitude to the provincial government recognizing their continuous support and commitment of the hospital building process in the City of Niagara Falls. Carried Unanimously (Councillor Pietrangelo declared a conflict). 13. BY-LAWS 2022- 57. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Standing Prohibited, Designated Lanes) 2022- 58. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Standing Prohibited, Stopping Prohibited) 2022- 59. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Metered Parking Queen St. BIA & Limited Parking) 2022- 60. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Standing Prohibited, Stopping Prohibited, Designated Lanes) 2022- 61. A by-law to amend By-law No. 79-200, to permit the use of the lands for two 4 storey apartment dwellings, containing a total of 40 units (AM-2021-005). 2022- 62. A by-law to provide for the adoption of Amendment No. 143 to the City of Niagara Falls Official Plan (AM-2021-023). 2022- 63. A by-law to amend By-law No. 79-200, to permit the use of the lands for an existing office building and a satellite parking lot for four tourist commercial properties (AM-2021-023). 2022- 64. A by-law to amend By-law No. 79-200, to permit the use of the lands for 8 on- street and 22 block townhouse dwellings (AM-2021-024). Page 12 of 13 Page 29 of 817 2022- 65. A by-law to amend By-law No. 79-200, to permit the use of the lands for 4 semi-detached dwellings units and 15 townhouse dwelling units (AM-2021- 027). 2022- 66. A by-law to amend By-law No. 79-200, to permit the use of the lands for 5 townhouse dwelling units (AM-2021-028). 2022- 67. A by-law to amend By-law No. 79-200, to permit the use of the lands for a 3 storey, 25 unit apartment dwelling (AM-2021-029). 2022- 68. A by-law to amend By-law No. 79-200, to permit the use of the lands for a 4 storey place of worship subject to the removal of the holding (H) symbol and By-law Nos. 2016-053 and 2020-045 are rescinded for the subject Lands (AM- 2021-030). 2022- 69. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 31st day of May, 2022. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That the by-laws be read a first, second and third time and passed. Carried Unanimously (Councillor Lococo declared a conflict to by-law 2022-59; Councillor Thomson declared a conflict to by-laws 2022-62 - 2022-68 and Councillor Kerrio declared a conflict to by-law 2022-62 and 2022-63). 14. ADJOURNMENT a) Adjournment Moved by Councillor Chris Dabrowski Seconded by Councillor Wayne Thomson That Council adjourn the meeting at 6:51 PM. Carried Unanimously Mayor City Clerk Page 13 of 13 Page 30 of 817 A Great City … For Generations To Come RECREATION & CULTURE Inter-Departmental Memo To: Mayor Diodati and Members of Council From: Aiden Bilon and Salony Sharma, Co-Chairs Mayor’s Youth Advisory Committee Date: June 21, 2022 Re: 2022 MYAC Scholarship Recipients On behalf of the Niagara Falls Mayor’s Youth Advisory Committee (MYAC), we would like to inform the Mayor and Council that the following students were selected to receive 2021 Scholarships Presented by MYAC:  Ethan Zahn, Jim Mitchinson Scholarship - $1000.00  Finesse Warriner, Jim Mitchinson Scholarship - $1000.00  Serena Butera, NPEI Scholarship - $1000.00 The Scholarships presented by MYAC recognize Niagara Falls students who have demonstrated leadership and involvement in their community and/or school throughout their secondary career. MYAC is extremely proud to honour the memory of Jim Mitchinson through the Jim Mitchinson Scholarship. Jim was dedicated to giving back to the City of Niagara Falls throughout his life and embodied the values of leadership and involvement in the community. Jim Mitchinson’s son, Tom, has generously funded the scholarship in his honour. In 2021, MYAC was able to expand the scholarship offering thanks to a generous contribution from NPEI. To be eligible for the scholarships students must be Niagara Falls residents, in their graduating year, attending a school in Niagara Falls, have a minimum average of 75% and demonstrate leadership and involvement in their community and/or school. Page 31 of 817 A Great City … For Generations To Come At a special MYAC meeting, held on May 4, 2022, the Mayor’s Youth Advisory Team reviewed the 2021 applications and voted. The following motion was made: IT WAS MOVED by Aidan Bilon, seconded by Salony Sharma, THAT Ethan Zahn and Finesse Warriner be the recipient of the 2022 Jim Mitchinson Scholarship ($1000.00 each) and that Serena Butera be the recipient of the 2022 NPEI Scholarship ($1000.00) presented by the Mayor’s Youth Advisory Committee. Motion Carried Recipient Bios: Ethan Zahn, Saint Paul Catholic High School Ethan Zahn is finishing up his final year at Saint Paul Catholic High School. His name is one you may recognize; in 2018 he was named the Children’s Miracle Network Champion Child in recognition of his decade long struggle with Crohn’s disease. As a result of his title, Ethan travelled across the region, as well as to Ottawa and Orlando, meeting Prime Minister Trudeau and many amazing children across Canada and the U.S.A. who were advocating for their local children’s hospitals. Despite his illness, Ethan has thrived in a number of community service positions, including participating in the Niagara Region Gutsy Walk over the past ten years and raising approximately $25 000 to date. He has also assisted with the annual SCVFA Easter egg hunts, participated in his school’s pilgrimage every year, and raised money for assistance to Haiti. Most notably, he has sat on the Youth Advisory Council for McMaster Children’s Hospital over his high school career where he has been able to positively impact the lives of children living in the hospital and provide mentorship to them, bringing his own knowledge and experience to the table. Ethan has a passion to help others, especially young children with health complications. As such, he has been accepted to the Child Health Program at Brock University this fall and will be continuing his involvement in the Gutsy Walk and with the McMaster Children’s Hospital in the future. Ethan hopes to eventually use all of his expertise and knowledge to work in the child health sector as a nurse or child life specialist, or alternatively as a teacher. Serena Butera, Saint Paul Catholic High School Also a senior at Saint Paul Catholic High School, Serena Butera places great personal value in selflessness and generosity, drawing inspiration from her altruistic Nonna (grandmother) who has battled Lupus throughout her life. She is involved in a number of service-oriented organizations, such as the renowned Key Club, the Niagara Catholic Special Education Advisory Council (SEAC) Committee, and the Stamford Kiwanis Club. At school, Serena served as the President of the Student Council from 2020-2021, later going on to serve as a Student Senator and representing her school to the Niagara Catholic District School Board for two consecutive terms. During her time as a Student Senator, she was the sole representative for the Board’s SEAC Committee. Furthermore, in the Key Club, she served as Lieutenant Governor of Division 4 for the Eastern Canada Page 32 of 817 A Great City … For Generations To Come District of Key Club International and managed multiple local charters, facilitating projects including Valley Park Lodge Senior's Letter Writing, the Division 4 Litter Clean-Up in October of 2020, the D4 Black History Month Educational Initiative in 2021, and the Chapel Heights Christmas Craft Drive. She went on to become the District Executive Assistant of the ECD, planning a Nationwide litter pickup this past summer. Serena values leadership, diversity, volunteering, and positivity. Serena has a personal passion for advocating for persons with disabilities, partially stemming from her little brother’s autism spectrum disorder diagnosis. After post-secondary, Serena is planning to pursue a career in genetics in the Niagara Region, using this passion to improve the quality of life for persons with disabilities and help them to learn more about their genomes, their heritages, and themselves. Finesse Warriner, A.N. Myer Secondary School Finesse Warriner is a grade twelve student at A.N. Myer Secondary School. One of Finesse’s quality traits is how much she cares about the projects and tasks she puts her mind to; she has a strong passion for leadership and women’s and non-binary persons rights. Finesse has held a number of volunteer positions, including working at her local soup kitchen, food bank, and women’s shelter. She has also been involved in multiple local organizations, such as Niagara Region Public Health’s REACT Niagara, Bleed the North, and InspireHER Niagara. At Bleed the North, she held the title of Promotional Lead for their annual Period Equity Day event. Finesse joined her school’s Key Club and has since moved on to higher positions includ ing Bulletin Editor, Club President, and eventually Divisional Lieutenant Governor. She also became a member of A.N. Myer’s Student Council and acted as a representative of AN Myer for the DSBN Student Senate, assisted as a camp leader at Camp Myer, and participated in SHAD at the virtual Ryerson Campus to learn more about STEM opportunities and assist on an annual fresh water design project. Important to note is that most of these educational opportunities occurred during the COVID-19 pandemic, so Finesse had to think flexibly and creatively to determine ways to offer the club programming online (at one point, running 2 of the 3 total clubs offered virtually that school year). Through her various positions, Finesse has developed a love for graphic design and marketing, acknowledging the importance of the roles of these fields within the organizations. She is planning to pursue an education at the Toronto Metropolitan University (previously known as Ryerson University) in marketing and design, bringing all of her altruism and knowledge to hopefully benefit the Greater Toronto Area. Page 33 of 817 SALONY SHARMA AIDAN BILON NIAGARA FALLS MAYOR'S YOUTH ADVISORY COMMITTEE YEAR-END DEPUTATION NIAGARA FALLS MAYOR'S YOUTH ADVISORY COMMITTEE Page 34 of 817 MYAC Niagara Falls Mayor's Youth Advisory Committee Leadership & Annual Plan Full Committee Initiatives Page 35 of 817 GIVING BACK DEDICATED TO CONTRIBUTING TIME INTO OUR COMMUNITY AND PAYING IT FORWARD THROUGH VOLUNTEERISM, FUNDRAISING AND MONETARY DONATIONS WHILE HELPING SUPPORT YOUTH IN OUR COMMUNITY. 2022 Volunteer Auction MYAC Movie Night Page 36 of 817 Project Plaid Instagram Contest Mental Health Art Contest Mental Health Toolkit Academic Success Night Mental Health Short Story Contest MENTAL HEALTH COMPOSED OF ELEVEN STUDENTS, THE MENTAL HEALTH SUB-COMMITTEE AIMS TO SPREAD AWARENESS AND ADVOCATE FOR STRONG MENTAL HEALTH CARE AND SUPPORT FOR NIAGARA'S YOUTH. Page 37 of 817 JUST FOR FUN THE JFF SUBCOMMITTEE IS MADE UP OF 15 STUDENTS WHO ALL HAVE THE SAME GOAL: TO MAKE HIGH SCHOOL MORE FUN. MYAC Trivia Night MYAC Movie Night Page 38 of 817 YOUTH VOICE YOUTH VOICE IS MADE UP OF 9 STUDENTS WITH THE AIM OF ADVOCATING AND PROVIDING RESOURCES FOR THE STUDENTS OF NIAGARA FALLS. 2022 HATCH STEM Q&A 2022 “Let’s Talk Money” Event Page 39 of 817 GREEN Natural Art Contest Tree Decorating For Charity Goosechase Green Movement Challenge Project SHARE Community Garden Children's' Memorial Garden Mother Earth Day THE 2021-22 MYAC TERM MARKED THE FIRST FULL YEAR OF OUR GREEN SUBCOMMITTEE AND PROVED A VERY SUCCESSFUL YEAR FOR OUR GROUP! Page 40 of 817 THANK YOU @NFMYAC Page 41 of 817 PBD-2022-44 Report Report to: Mayor and Council Date: June 21, 2022 Title: AM-2022-007 Official Plan and Zoning By-law Amendment Application 5647-5669 Main Street and part of 5662 Lowell Street To permit a 10 storey mixed-use building with 107 dwelling units Applicant: Ed and Ruth Ann Nieuwesteeg and 2738129 Ontario Inc. (Dr. George & Karen Zimakas) and Sandra Josephine Smith Agent: ACK Architects (Michael Allen) Recommendation(s) 1. That Council approve the Official Plan and Zoning By-law amendments as detailed in this report to permit a 10 storey mixed-use building on the subject lands, subject to providing a 45 degree angular plane from the rear lot line to the top of the building, and subject to the other 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 engineering report and third party hydraulic modelling. 3. That Council approve the request to pass a by-law to deem Lots 9 and 10 of Plan 653, 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. Executive Summary Ed and Ruth Ann Nieuwesteeg and 273129 Ontario Inc. (Dr. George & Karen Zimakas) and Sandra Josephine Smith have requested an Official Plan and Zoning By -law amendment to permit the development of a 10 storey mixed -use building with a total of 107 dwelling units and 462 square metres of commercial use at grade. The am endments are recommended subject to the upper two floors of the building being stepped back in accordance with the 45 degree angular plane taken from the rear lot line, for the following reasons: • The proposed development conforms to Provincial, Regional, and City policies as it intensifies land within the Built-up Area, will assist the City in meeting its Page 1 of 11 Page 42 of 817 intensification targets, will provide additional housing choices for residents, and will rehabilitate and enhance the historic Drummondville area; • The requested site specific General Commercial (GC) zone maintains appropriate regulations for the proposed mixed-use building and recommended stepping back of the building ensures the proposed development will be compatible with surrounding properties; and, • Public concerns regarding parking and traffic have been considered by Transportation Services staff who have no issues with the proposal as nearby streets will not be adversely impacted. Architectural design, lighting, perimeter fencing, and landscaping will be addressed at site plan stage. Background Proposal Ed and Ruth Ann Nieuwesteeg and 2738129 Ontario Inc. (Dr. George & Karen Zimakas) and Sandra Josephine Smith have requested an Official Plan and Zoning By -law amendment for 4 parcels of land that front onto Main Street as well as a portion of the rear yard of 5662 Lowell Avenue, the subject of a provisional consent. The subject land totals approximately 0.43 hectares (1.06 acres) as shown on Schedule 1. The deeming by-law and condition of consent (B-2022-008) will result in the lands being merged in title. The applicant is seeking planning approvals for a 10 storey mixed-use development with a 2 storey commercial use podium (462 metres square) and an 8 storey residential tower providing a total of 107 dwelling units. A total of 150 parking spaces are provided. Schedule 2 shows details of the proposed development and Schedule 3 shows its perspectives. The subject land is designated Minor Commercial, in part, and Residential, in part and is within the Drummondville Intensification Node, where a height between 4 -6 storeys and a maximum density of 100 units per hectare may be permitted. In addition, the subject land is within the Drummondville Community Improvement Plan Area. The application requests a Special Policy Area designation be applied to the lands to permit a 10 storey building with 107 dwelling units (a density of approximately 250 units per hectare). The subject land is zoned General Commercial (GC), in part and Residential 1E De nsity (R1E), in part under Zoning By-law No. 79-200. The applicant is requesting that all of the lands be placed under a site specific GC zone to permit a 10 storey development consisting of commercial and residential uses. Page 2 of 11 Page 43 of 817 Site Conditions and Surrounding Land Uses The subject land is partially vacant as the former commercial and residential buildings that were on the Main Street parcels of land have been demolished, the dwelling located at 5669 Main Street will be removed prior to development, and the severed portion of 5662 Lowell Street functions as its rear yard. The subject land is bounded by Main Street and two storey commercial use buildings to its north and south; to its east are two storey commercial buildings and an 8 storey retirement residence; and to its west are detached dwellings on a variety of sized lo ts. Circulation Comments - Niagara Region • No objection, subject to the filing of a Record of Site Condition. - Building Services • Building permits will need to be obtained. Building permit fees and development charges will be assessed during building permit application review. - Fire Services, Business Development, GIS Services, and Legal Services • No objections. - Municipal Works • Third party hydraulic modelling is required to ensure local municipal infrastructure (combined sanitary sewer) can adequately support the proposed development. • An update to the Functional Servicing Report is required. • A holding (H) provision is required until the hydraulic modelling and updated report is received and accepted by Municipal Works staff. - Transportation Services • A 1.44 metre road widening along Main Street to be dedicated. • Nearby streets and intersections will not be adversely impacted with the additional traffic that will be generated from this property. Page 3 of 11 Page 44 of 817 Neighbourhood Comments The neighbourhood open house was held on May 9, 2022, attended by the applicant’s agent as well as 1 individual who has no objection. In addition written comments were received, with 2 residents in opposition. Those opposed express the following concerns: noise, spill-over of lighting, increased traffic, proposed parking rate is low, loss of privacy, commercial unit tenants, ownership of residential units, and that the proposed building is not in character with the neighbourhood. The following is noted in response: • Site plan control will review lighting and landscape plans to ensure that there is no light and fencing suitable there is properties abutting onto trespass and landscaping which may address privacy concerns. • Transportation Services staff have no concerns with the traffic volumes that will be generated as the existing capacity can absorb the additional forecasted traffic and are supportive of the proposed parking rates. • The applicant has not established commercial unit tenants—the uses will need to be permitted under the GC zone. It is expected that the building will be under condominium tenure. • The character of the neighbourhood is changing with the introduction of buildings of greater heights and densities. Staff’s recommendation to apply a 45 degree angular plane from the rear of the property will make the development more compatible with the surrounding built form. The proposed development will maintain suitable interior and rear yard setbacks. 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 within a settlement area, is transit supportive, assists in the creation of a complete community, and effectively uses land and infrastructure; and, Page 4 of 11 Page 45 of 817 • The recommended regulations will facilitate the development of land in a manner that offers compatible commercial uses with housing that will accommodate the needs of people of all ages and abilities 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 complies as follows: • The proposed development contributes to the Regional intensification density target of 40% and the apartment units will diversify the housing supply, contribute to municipal utilize effectively community, and a of creation the complete infrastructure and urban lands. 3. City’s Official Plan The Official Plan designates the subject land as Minor Commercial, in part, and Residential, in part within the Drummondville Intensification Node. The subject land is within an area where mixed-use developments may be permitted to have a height between 4-6 storeys and a maximum density of 100 units per hectare subject to complying with the built form design criteria. Buildings are to be designed to provide a height transition to the street and adjoining properties. This is accomplished through the incorporation of stepbacks and by applying a 45 degree angular plane to mitigate mass with increasing height. The applicant is requesting that all of the lands be placed under a Special Policy Area designation to allow a 10 storey development at a maximum height of 41 metres. 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 of the Official Plan as follows: • The proposal is for a 10 storey development, with a density of 250 units per hectare, in an intensification area where mixed-use mid-rise buildings are directed to with 10 storey buildings being permitted on the east side of Main Street, and is an area that is suitable for intensification; • The side yard setbacks are in character with adjacent properties. A 45 degree angular plane should be required from the rear lot line to provide suitable separation distances and provide a height transition between the proposed development and the abutting rear detached dwellings to mitigate its massing and Page 5 of 11 Page 46 of 817 provide a compatible relationship with development in the area. This can be accommodated by stepping back the top two floors of the building; • A stepback is provided at approximately 8 metres to maintain a pedestrian scale along Main Street. An interesting downtown façade is provided by having large glass windows with awnings and red brick treatment to improve the streetscape; • The roofline is angled to provide visual interest. The building’s mechanical equipment and elevator penthouse will be contained within the party room located on the roof which is encased in glass with dark metal columns to recess it from the more reflective, light panelled residential portions of the building; • The majority of the parking is provided underground and the 16 parking spaces provided at grade are at the rear of the site and will be screened with perimeter fencing and landscaping; • There are municipal services available for the development and a holding provision requires an updated engineering services report and third party modelling; and, • There is no negative impact on the City’s transportation system. 4. Zoning By-law The applicant has requested a site specific GC zone be applied to the entire site to permit the proposed development. The GC zone permits dwelling units above the ground floor and a variety of commercial uses. The departures requested from the standard GC regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION Permitted Uses In accordance with the permitted uses in the GC zone Residential above commercial levels up to 66% of the floor area Permit dwelling units located on the ground floor Residential up to 95% of the floor area Maximum height of building or structure 12 metres 41 metres Parking requirements 1.4 parking spaces per dwelling unit 149 parking spaces 1.25 parking spaces per dwelling unit 133 parking spaces Page 6 of 11 Page 47 of 817 ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION 1 space per 25 square metres of floor area 18 parking spaces 1 space per 28 square metres for retail 16 parking spaces The requested zoning is appropriate as follows: • The GC zone is intended to regulate mixed-use buildings with commercial uses at grade with residential above. Commercial uses are proposed along Main Street with residential above and at grade behind. Staff recommend the amending by - law require GC commercial uses along the Main Street frontage; • The requested increase in the R3 regulation for height is supported as the abutting rear properties experience no more than two hours of shadowing in the morning in spring and fall. Staff recommend the amending by-law require the 45 degree angular plane be applied from the rear lot line to the top height of the building to minimize massing and shadowing effects on the abutting detached dwellings affecting the top two floors by approximately 11 metres. The owner ha s indicated they are willing to apply the angular plane and will accommodate the same number of units within the amended building design; and, • The requested reduction in the parking regulations is supported by Transportation Services staff as on-street parking is available for additional commercial and guest parking needs and the proposed development is on a transit corridor. Operational Implications and Risk Analysis No operational implications and risk analysis. Financial Implications/Budget Impact The proposed development will generate development charge contributions and property tax revenue for the City. Strategic/Departmental Alignment The proposed development 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 Written by: Page 7 of 11 Page 48 of 817 Julie Hannah, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 13 Jun 2022 Kira Dolch, Director of Planning, Building & Devlopment Approved - 16 Jun 2022 Jason Burgess, CAO Approved - 17 Jun 2022 Page 8 of 11 Page 49 of 817 SCHEDULE 1 (Location Map) Page 9 of 11 Page 50 of 817 SCHEDULE 2 (Site Plan) N Page 10 of 11 Page 51 of 817 SCHEDULE 3 (Perspectives) Page 11 of 11 Page 52 of 817 Address: 5647, 5659, 5669 Main Street and part of 5662 Lowell Street Applicant: Ed & Ruth Ann Nieuwesteeg and 2738129 Ontario Inc. Proposal: To permit a 10 storey mixed use development with commercial uses at grade and 107 dwelling units Official Plan & Zoning By-law Amendment Application AM-2022-007 Page 53 of 817 A GREAT CITY…FOR GENERATIONS TO COME Location PROPOSED DEVELOPMENTDetached dwellings Wellness Suites Retirement Residence Commercial Uses Page 54 of 817 A GREAT CITY…FOR GENERATIONS TO COME Applications •Official Plan Amendment –Requesting a Special Policy Area to permit a 10 storey apartment building with a total of 107 dwelling units (density of 250 units per hectare) •Zoning By-law Amendment –Requesting a site specific General Commercial (GC) zone Page 55 of 817 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Page 56 of 817 A GREAT CITY…FOR GENERATIONS TO COME Perspectives Page 57 of 817 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments Concern Staff Response Noise,light spill-over, loss of privacy Site plan control-lighting and landscape plans will be reviewed (fencing, planting, light trespass) Increased traffic Existing road network can handle traffic generated Proposed parking rate is low Transportation Services supports parking rate. Tenants & ownership Commercial-permitted GC uses Expected to be condominium Not in character with Neighbourhood Neighbourhood is changing; proposed development’s design and use is compatible Page 58 of 817 A GREAT CITY…FOR GENERATIONS TO COME Policy Review •The applications are consistent and conform to the Planning Act, Provincial, Regional, and City policies. •Staff are supportive of the proposal to permit a 10 storey mixed-use building, subject to providing a 45 degree angular plane from the rear lot line to the top of the building.Page 59 of 817 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning Relief-GC-XX % Dwelling Units Above Ground Floor 100% and permit at ground floor behind GC commercial uses along Main Street frontage (Permitted: Not more than 66% of total floor area) # of Parking spaces 133 for residential (at rate of 1.25/dwelling) 16 for commercial (at rate of 1/28m2) (Required: 149 for residential at rate of 1.4/dwelling & 18 for commercial at rate of 1/25m2) Max. Height of Building 41 metres (Permitted: 12 m) Rear lot line to top of building Require: 45 degree angular plane Page 60 of 817 A GREAT CITY…FOR GENERATIONS TO COME Recommendation The Council approve the Official Plan and Zoning By-law Amendment application subject to the recommendations contained in Staff report PBD-2022-044.Page 61 of 817 Julie Hannah From:..._ Sent:Sunday,May 8,2022 11:43 AM To:Julie Hannah Subject:[EXTERNAL]—Noticeof Application file AM—2022—O07 Follow Up Flag:Follow up Flag Status:Flagged HiJulie We spoke briefly a week or so ago regarding the application for zoning amendment regarding the property on Main St in Niagara Falls.As discussed,I would prefer that my comments are anonymous.Please let me know if this possible before posting my concerns. After reviewing the files on the city website,most of our questions were answered.Things like garbage facility location, the numbers of parking spaces on and below grade,the removal oftrees,placement of fencing,shadowing and traffic have all been addressed and we have no concerns. The things we do have concerns about or would like a little more clarity on if possible are: 1.Being zoned 4-6 floors and wanting to go to 10+floors brings concerns of noise,all night lighting and traffic in and out ofthe property especially in the evening hours.Currently,all the neighbors enjoy their backyards without any of these distractions. 2.We would like to know the usage for the commercial spaces.Will this be used for daytime business or will it be retail space that could be open all hours. We would like to know the usage for the residential spaces.Will these be condos,apartments,rented or owned. 4.With the exception ofone new building,the scale and massing of the proposed building is not in character with adjacent properties. 5” There have been many upgrades to existing buildings on Main St over the years and the new development and revitalization of the area is great and a welcome attraction to some older buildings.However,a 10 story building doesn't seem to be in line with the surrounding buildings. Thank you 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 62 of 817 Julie Hannah From:Daniel Page < I J V Sent:Tuesday,April 26,2022 4:57 PM To:Julie Hannah Subject:[EXTERNAL]—5647—5669Main Street Hello my name is Daniel Page I live at ;I'm responding to the letter I received in the mail about the IO storey building that's going to be built behind my house I am against it because it will take away my privacy and just add more traffic.Value of property rights go downand taxes go up.A 10 story building I am not for. 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 63 of 817 MW-2022-32 Report Report to: Mayor and Council Date: June 21, 2022 Title: Final Asset Management Plan - Core Assets Recommendation(s) 1. That the City's Asset Management Plan for Core Assets be Endorsed by the CAO and approved by a resolution passed by City Council as required under Ontario Regulation 588/17 for submission to the Ministry of Municipal Affairs and Housing by July 01, 202 2; and further, 2. That the recommendations of the Asset Management Plan including the financing strategy, development of a 10-year capital budget, utilization of risk-based prioritization, and increase of asset condition knowledge be incorporated into the 2023 Budget process; and further, 3. That Council consider additional staffing needs as part of the 2023 Budget process in support of the organizational changes to ensure accountability for City -wide asset management consand adoption the activities of asset standardized and istent management practices is executed; and further, 4. That Council authorize the award of an asset management consulting service contract to SLBC Inc. in the amount of $99,536 plus applicable taxes in support of the development of the Asset Management Plan for Non-Core Assets due July 01, 2024. Executive Summary The final 2022 Asset Management (AM) Plan for Core Assets (attached to the report) has been developed based on feedback from the review of the draft AM Plan and more in - depth lifecycle and financial analysis. The 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 $2,115.4 million ($2.12 Billion 2022$). When compared to 5-year historic funding, the City faces annual state of good repair (SOGR) renewal or capital funding gaps of $7.8 million for tax -supported Page 1 of 146 Page 64 of 817 assets (roads, bridges, culverts, stormwater) and $4.8 million for rate -supported assets (water and wastewater). Moving forward it is recommended to continue momentum for the preparation of the AM Plan for Non-Core assets in order to meet the O.Reg. 588/17’s July 1st, 2024 reporting requirements, and to establish a foundation for meeting the July 1st, 2025 O.Reg. 588/17 reporting requirements regarding Levels of Service. Staff therefore recommend direct award assignment to SLBC Inc. given the familiarity they already have with the City’s data, departments, budgeting and reporting processes earned while developing the AM Plan for core assets. Numerous additional recommendations stemming from completion of this plan are identified in this report for Council's consideration. Background The City developed, circulated and presented the draft Asset Management Plan – Core Assets in March of 2022 (see MW-2022-16). Since that time the report has been posted on the City's website and has gone through an internal review process which resulted in the creation of the final AM Plan - Core Assets, in preparation for submission to the Ministry on or before July 01, 2022. Analysis The AM Plan identifies the following four (4) service areas included in the AM Plan which provide residential, combined than more 33,000 the to services municipal City’s commercial, industrial, and institutional customers. • Roads, bridges and culverts • Stormwater management • Water distribution • Wastewater collection Primary drivers for change between the draft AM Plan and the final AM Plan included the following items: • Historic Budget Levels: In the draft AM Plan only 2022 budget figures were included in the analysis, in the final AM Plan 5 year historic averages were used for comparison purposes • Assumptions about condition were used in the draft AM Plan - for the final AM Plan these assets have be categorized as "unknown" • A higher proposed LOS was used for arterial roads; the draft AM Plan used an acceptable PCI of 70 - this base LOS was increased to 75 PCI • Adjusted cctv scores for sanitary pipes with incomplete inspections • Additional operating budget analysis related to stormwater services • Costs related to purchasing services from the Region (water & wastewater) were isolated from the analysis Page 2 of 146 Page 65 of 817 • Due to the lack of confidence in the growth -related planning and budget data references to growth have been removed from the analysis. Once the City completes master servicing plans these numbers should be updated. • Unknown install dates for sidewalks: original analysis assumed missing install dates to equal install date of the associate road - revised analysis indicated condition as "unknown" • Changes were made to some estimated services lives that extended replacement needs outside the analysis window • Inventory clean up related to inline and tank storage assets (some duplicate reporting) • Reduction to consequence of failure scoring for road medians State of the Infrastructure Replacement cost numbers have been updated in the final AM Plan based on more detailed inventory analysis and replacement value. Table 1 shows that the overall total replacement cost estimate for the City’s core assets has decreased by 0.3% with a final value of $2,115.4 million (2022$). By having more accurate replacement, cost estimates we are better able to assess current funding levels and lifecycle replacement and or rehabilitation activities. Table 1: State of the Infrastructure - Asset Replacement Values Service Area Asset Categories Replacement Value (2022 $ - millions) DRAFT AM Plan Replacement Value (2022 - millions) FINAL AM Plan Road & Related Roads, sidewalks, medians, barriers $714.9 $715.0 Bridges & Culverts Span bridges, span culverts, municipal structures $171.5 $171.5 Stormwater Management Storm sewers, ponds, appurtenances $335.4 $333.1 Water Watermains, facilities, appurtenances $477.6 $477.0 Wastewater Sewer Mains, facilities, appurtenances $421.9 $418.8 Total $2,121.2 $2,115.4 Variance $5.8 million decrease Minor changes and refinements were made as part of the lifecycle analysis related to asset age and estimated service lives. Lifecycle data gaps do still exist, as such, staff are recommending that to improve the City’s knowledge of asset replacement costs and current condition, that condition assessment studies and or activities be undertaken to better understand the assets. Page 3 of 146 Page 66 of 817 Knowing the condition of assets is important to understanding the risks and costs of meeting stated service delivery objectives. In the draft AMP we reported that 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 $125 million in assets are of unknown condition either because the install date is not known or a condition assessment has not yet been undertaken. Subsequent to the analysis undertaken for the draft, AMP some data gaps were filled which affected the core asset condition portfolio ratings. The following table (Table 2) compares the relative condition ratings developed for the draft and final AMP. Table 2: State of the Infrastructure - Asset Condition ASSET REPLACEMENT Value (2022$ , Millions) Condition Category Draft AMP Final AMP Fair or Better $1,638 $1,588 Poor or Very Poor $358 $305 Unknown $125 $222 Total $2,121 million $2,115 million As evidenced by the above numbers 75% or $1,588 million dollars of the City's core assets are in Fair or Better condition, 14% or $305 million dollars of assets are in Poor or Very Poor condition and 11% or $222 million dollars of assets are of unknown con dition. From the draft AM Plan some of the assumptions that were made pertaining to condition have been removed and instead recorded as having unknown condition. Levels of Service The final AM Plan provides Levels of Service statements and indicators, c urrent (2021) performance and proposed performance (i.e., targets) by service. The AM Plan has developed approximately 50 current TLOS or KPI's related to core infrastructure that staff are proposing to monitor, measure, and report on moving forward. It is important to note that the O.Reg. 588/17 legislation requires all municipalities to develop and report on future, proposed levels of service by July 1, 2025. Staff will bring the July 01, 2025 AM Plan reporting requirements to council for consideration and endorsement in time to meet the regulatory timelines. Risk Management Strategy In March 2022, the draft AM Plan documented that based on those assets with known condition, 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 Page 4 of 146 Page 67 of 817 Avenue, Buchanan Avenue, Fallsview Boulevard, and Reixinger Road ($2.94 million), and road medians ($0.45 million). The risk analysis was refined as part of the final AM Plan resulting in $7.3 million dollars or 0.4% worth of the City assets moving into the high risk category; slightly lower than reported in the draft AM Plan. The high risk roads and bridges identified in the draft AM Plan remain unchanged. The $460,000 reduction is largely due to reducing the risk potential associated with road medians. Lifecycle Management Strategy In the draft AM Plan report it was documented that 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 over a 10 year period. Revised analysis indicates that the City’s total needs are approximately $964 million for the same period with an average expenditure of $96.4 million per year. Table 3 includes 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 Table 3: Lifecycle Analysis - Needs Summary Lifecycle Need (Rate & Tax) DRAFT AM Plan (Includes Growth & Upgrade Needs) FINAL AM Plan (Growth Needs removed) 10 Year Period $935 million $964 million Annually $93.5 million $96.4 million Financial Strategy Documented in the draft AM Plan for Core Assets was the fact that the City’s largest renewal funding gap was found to be for roads, bridges, culverts, and stormwater assets with a average gap of $6.3 million annually based on a 10 year program. For water a nd wastewater asset classes it was estimated that the City was closer to being fully funded with a 10-year annual renewal funding gap of $1.5 million. These gaps included the need to reduce a substantial backlog made up of assets with expired service lives requiring replacement and or rehabilitation. Due to the refinements discussed in the Lifecycle Section of this report, the average gaps in capital re-investment were revised for the final asset management plan. The updated analysis compared the historical renewal budgets to the current (2022) budget. As the City’s confidence in sustaining the level of renewal funding provided in the 2022 budget over the next 10-year period is low, the gap analysis was modified to compare the renewal needs with the 5-year historic spends. When compared to the 5-year historic spends the annual funding gaps forecast for the next 10 years are significantly higher, Page 5 of 146 Page 68 of 817 Please refer to Table 4 for a comparison of draft and final AM Plan needs and historic funding levels at each asset lifecycle state (growth, operations & maintenance, and capital replacement of SOGR (State of Good Repair). Table 4: Life Cycle Needs Analysis (million $) Budget Area Needs / Funding / GAP Tax- Supported Rate Supported Core Assets Growth* Need - Avg. Annual (10 yr. Forecast $4.7 $4.9 $9.5 Budget- Avg. Annual (10 yr. Forecast $4.7 $4.9 $0.0 Program Gap 0.0 0.0 $0.0 Operations & Maintenance Need - Avg. Annual (10 yr. Forecast $14.9 $40.5 $55.4 Budget- Avg. Annual (10 yr. Forecast $13.3 $37.3 $50.6 Program Gap $1.6 $3.2 $4.8 Capital Renewal / SOGR 2022 Backlog $6.6 $32.3 $38.9 Need - Avg. Annual (10 yr. Forecast $20.4 $11.1 $31.5 Budget- Avg. Annual (10 yr. Forecast $12.5 $6.3 $18.8 Program Gap $7.8 $4.8 $12.6 Lifecycle Needs (Growth + O&M + SOGR) Need - Avg. Annual (10 yr. Forecast $39.9 $56.5 $96.4 Budget- Avg. Annual (10 yr. Forecast $30.5 $48.5 $79.0 Annual Program Gap $9.4 $8.0 $17.4 * Due to low confidence is growth-related infrastructure planning and data, growth related needs were assumed to equal growth-related budgets. As the City updates it's master Page 6 of 146 Page 69 of 817 servicing plans and development charged background studies these numbers will be more refined and able to be included in future iterations of the AM Plan. As illustrated in Table 4 the City's tax-based program lifecycle needs are approximately $39.9 (million) annually, however historic funding levels are closer to $30.5 (million). Thi s indicates an annual gap or shortfall of $9.4 (million). The City's rate-based program needs are approximately $56.5 (million) annually, however historic funding levels are nearer to $48.5 (million) annually; resulting in an annual gap or shortfall of $8 (million). Based on lifecycle-based needs analysis the City should be re-investing approximately $96.4 (million) annually into it's core assets however historic funding levels indicate re - investment is closer to $79.0 (million) resulting in a core infrastructure gap of $17.4 million every year. The final AMP examined potential opportunities to close the funding gaps for both the tax - supported and rate-supported programs. Moving forward Asset Management and Finance staff should consider the following opport unities when developing a longer-term (10 Year) capital and operating financial forecast (Table 5). Table 5: Opportunities to close the Funding Gap Tax-Supported Programs 1. 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; this will likely cause increased maintenance costs 2. Increase available funds through property tax increases leveraging third part grants, drawing on reserves or, issuance of debt 3. Change the funding source for stormwater management from property taxes to a dedicated and stable, stormwater fee to recover the full cost of st ormwater management. 4. 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 Rate-Supported Programs 1. Reduce near term renewal needs by deferring capital renewal projects on lower risk assets 2. Increase available funds through water and wastewater user fee increases and by leveraging third party grants 3. 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 4. Update rate studies for water and wastewater to achieve full cost recovery, as required Regulatory Compliance Page 7 of 146 Page 70 of 817 In order to ensure that the City of Niagara Falls maintains regulatory compliance with O.Reg 588/17 reporting requirements the following activities must be undertaken (Table 6). Table 6: Regulatory Compliance Reporting Timelines Recommendation Due Date Status Assets for Plan Core City's the Have AM prepared under O.Reg 588/7 endorsed by the executive lead of the municipality and approved by a resolution passed by City Council July 01, 2022 On target Conduct an annual review of the City's asset management progress on or before July 1 in each year, starting the year after the City's asset management plan is completed July 01, 2023 Not Started Have the City's AM Plan for Non-Core Assets prepared under O.Reg 588/17 endorsed by the executive lead of the municipality and approved by a resolution passed by City Council July 01, 2024 Not Started Provide the proposed levels of service for each asset category for each of the 10 years of the AM Plan July 01, 2025 Framework developed Develop a 10 Year Capital and Operating budget forecast that aligns with lifecycle planning and risk management principles July 01, 2025 Under development (capital) The City shall post its current SAMP and AM Plan on it's public-facing website and make a copies available to any person who requests it. Plan Approval Date Complete In order to meet future reporting deadlines staff are proposing to do a direct award assignment to SLBC Inc. to aid the City in developing the AM Plan for Core Assets due July 01, 2024 given the familiarity they already have with the City’s data, departments, budgeting and reporting processes. Undertaking a competitive process rather than a direct assignment will add cost, incur delays and limit the limited staff resources within the Infrastructure Asset Management department. SLBC, through their previous w ork with the City has a significant advantage over other potential bidders due their familiarity with our asset data and budgeting practices. Details regarding the cost of the assignment have been included in the Financial Implications/Budget Impact section of this report. Operational Implications and Risk Analysis 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 as set management plan by the required timeframe(s) may negatively affect the City's eligibility for future provincial grant Page 8 of 146 Page 71 of 817 programs. Council endorsement of the final AM Plan by the prescribed timelines will lower this potential risk exposure. As documented earlier in this report the City requires better data related to asset condition, operations and maintenance activities at the asset level to allow for lifecycle - based planning. The City is in the process of upgrading it's work order management system and the data is currently being tracked in multiple systems which are not necessarily integrated. If the software implementation is delayed the City runs the risk of not being able to report on or track maintenance activities and programs as required including current and proposed levels, of service by the 2025 reporting period. Financial Implications/Budget Impact Recommended annual investments, and the current infrastructure funding gap will require recognition in future budget review processes. The City in in receipt of a fee proposal from SLBC Inc. to undertake the engineering asset management assignment required to develop the City’s AM Plan for Non-Core assets in the amount of $99,536 plus applicable taxes. Staff area recommending proceeding with the consulting services contract utilizing funds available in capital project number G12: 12-3-100012-030000. At this time of this report, the capital budget for the project has roughly $180,000 worth of funds available. 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__Final_merged Written by: Tara Gudgeon, Infrastructure Asset Manager Submitted by: Status: Page 9 of 146 Page 72 of 817 Erik Nickel, Director of Municipal Works Approved - 13 Jun 2022 Jason Burgess, CAO Approved - 15 Jun 2022 Page 10 of 146 Page 73 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | i City of Niagara Falls 2022 Asset Management Plan Core Assets Current Levels of Service Prepared by SLBC Inc. June 12, 2022 Final version Page 11 of 146 Page 74 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | ii Page 12 of 146 Page 75 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | iii 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 $2,115.4 million (2022$) as outlined in Table ES-1 below. Table ES-1 Inventory of Core Assets Service Asset Categories Replacement Value (2022$, millions) Replacement Value (%) Roads & Related Roads, sidewalks, medians, barriers $715.0 34% Bridges & Culverts Span bridges, span culverts, municipal structures $171.5 8% Stormwater Management Storm sewers, ponds, appurtenances $333.1 16% Water Water mains, facilities, appurtenances $477.0 23% Wastewater Sewer Mains, facilities, appurtenances $418.8 20% TOTALS $2,115.4 100% This AM Plan focuses on the 10-year period from 2022 to 2031 and fulfils the AM Plan requirements defined by Ontario Regulation 588/17 Asset Management Planning for Municipal Infrastructure for the year 2022 (O.Reg. 588/17). Note that all costs presented in the AM Plan are in 2022 dollars (2022$) unless otherwise stated. Page 13 of 146 Page 76 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | iv 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. Figure ES-1 Condition Distribution of 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, 75% or $1,588 million of the City’s core assets are in Fair condition or better, 14% or $305 million are in Poor or Very Poor condition, and 11% or $223 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 sidewalks, stormwater maintenance holes and catchbasins, and water services and curb stops. Based on those assets with known condition, 2.9% or $54.5 million are in Very Poor condition. The assets in Very Poor condition are listed in a separate document and include roads ($6.7 million), bridges and culverts ($6.6 million), water mains ($24.5 million), and wastewater sewers, laterals, maintenance holes ($14.0 million). To minimize the cost of ownership and risk, these assets are generally included in the capital renewal program. Note that the confidence in “condition” data shown for sidewalks, storm sewers, ponds and appurtenances, and wastewater laterals and maintenance holes is moderate as it is based on calculated age rather than inspected condition. The City is working to improve the confidence in the supporting data for these asset types. Page 14 of 146 Page 77 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | v 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 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 & Performance of 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 (low confidence – awaiting condition data) Very Good Water Water assets are kept in a state of good repair Good Wastewater Wastewater assets are kept in a state of good repair Fair Page 15 of 146 Page 78 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | vi 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. The most appropriate strategy includes the right action, at the right time, for the least cost. Criticality is evaluated as an asset’s impact upon service delivery, health and safety, the environment, and the City’s 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. Risk exposure can be shown in the form of a “risk map” which is a graphic representation of the risk exposure, as shown in Figure ES-2 below. After assessing the impact and likelihood of each risk, they are plotted on a matrix. Different colours on the map help to prioritize where and how to focus City resources, time, effort, and/or dollars. Figure ES-2 Reliability Risk Exposure of Core Assets Based on those assets with known condition, the figure shows that 0.4% or $7.30 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) and six road segments namely Kalar Road, Kitchener Street, Allendale Avenue, Buchanan Avenue, Fallsview Boulevard, and Reixinger Road ($2.94 million). 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. Page 16 of 146 Page 79 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | vii Lifecycle Management Strategy Lifecycle management strategies are the planned asset-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. Figure ES-3 shows the total operations, maintenance, renewal, growth and upgrade needs forecast for Tax based City core assets (transportation and stormwater management) 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 these core assets is estimated at $399 million for the period 2022-2031, for an average of $39.9 million per year. 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. Figure ES-3 10-Year Forecast Lifecycle Needs, Tax Based Assets Figure ES-4 shows the total operations and maintenance, renewal, growth and upgrade needs forecast for Rate based City core assets (water and wastewater) 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 these core assets is estimated at $565 million for the period 2022-2031, for an average of $56.5 million per year. The high cost of lifecycle Page 17 of 146 Page 80 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | viii strategy needs shown in the first year is mainly due to the backlog of assets in poor and very poor condition, comprised mostly of water mains and wastewater sewers and maintenance holes. 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. Figure ES-4 10-Year Forecast Lifecycle Needs, Rate Based Assets 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, federal gas tax, third party grants, casino revenue, development charges, and user fees and charges. New long term debt may be approved in a capital budget as an immediate cash source; however, long term debt approval must be accompanied by the inclusion of related debt charges funded by a sustainable revenue source in the approved operating budget. 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. For core assets, the City’s services can be categorized into two groups:  Tax based: those that are funded through property taxes and other sources (i.e. roads, bridges and culverts, stormwater management), and Page 18 of 146 Page 81 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | ix  Rate based: those that are funded through user fees or rates (i.e. water and wastewater). The largest renewal funding gap was found for Tax based assets, namely roads, bridges and culverts, and stormwater management system assets. For these assets, Figure ES- 5 shows historic spending (dashed black line at $12.5 million) and the 10-year average annual need forecast (solid black line at $20.4 million) for an annual funding gap for each of the next ten years of $7.8 million (shown in green text) for a total of $78 million over the 10-year period. The yellow line at $15.5 million is the 2022 budget. The lifecycle annual renewal need estimate of $26.8 million based on the CIRC average annual renewal rate (dashed red line) forecasts significantly higher annual renewal amounts beyond the 10-year forecast period. Figure ES-5 Annual Renewal Funding Gap, Tax Based Assets The Rate based funding for water and wastewater assets is closer to the forecast needs. Figure ES-6 shows historic spending (dashed black line at $6.3 million) and the 10-year average annual need forecast (solid black line at $11.1 million) for an annual funding gap for each of the next ten years of $4.8 million (shown in green text) for a total of $48 million over the 10-year period. The yellow line at $9.5 million is the 2022 budget. The lifecycle annual renewal need estimate of $12.1 million based on the CIRC average annual renewal rate (dashed red line) forecasts marginally higher annual renewal amounts beyond the 10-year forecast period. Page 19 of 146 Page 82 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | x Figure ES-6 Annual Renewal Funding Gap, Rate Based Assets Strategies to Close Funding Gaps The following strategies may be considered to close the funding gaps for Tax based assets (transportation and stormwater management system):  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; this will likely cause increased maintenance costs and/or reduced service levels  Pursue technologies for rehabilitating assets that extend the service life of the assets to achieve an overall lower lifecycle cost. eg. storm sewer lining  Increase available funds through property tax increases, leveraging third part grants, drawing on reserves or, issuance of debt  Consider contributions to a stormwater capital reserve built into the operating budget under the service area “stormwater”  Divest ownership of assets not providing core services. The following strategies may be considered to close the funding gaps for Rate based assets (water and wastewater systems):  Reduce near term renewal needs by deferring capital renewal projects on lower risk assets, as described above  Pursue technologies for rehabilitating assets that extend the service life of the assets to achieve an overall lower lifecycle cost. eg. sanitary sewer lining  Increase available funds through water and wastewater user fee increases and by leveraging third party grants  Update rate studies for water and wastewater to achieve full cost recovery, as required. Page 20 of 146 Page 83 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | xi 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. The following table lists the activities and timelines to meet Ontario Regulation 588/17 requirements. Table E-3 Activities to Comply with O.Reg. 588/17 Activity Due Date Status Obtain endorsement by the executive lead and approval by a resolution passed by City Council of the City's AM Plan for Core Assets prepared under O.Reg 588/17 July 01, 2022 On target Conduct an annual review of the City's asset management progress on or before July 1 in each year, starting the year after the City's asset management plan is completed July 01, 2023 Not Started Prepare the City's AM Plan for Non-Core Assets under O.Reg 588/17 and obtain endorsement by the executive lead and approval by a resolution passed by City Council July 01, 2024 Not Started Provide the proposed levels of service for each asset category for each of the 10 years of the AM Plan July 01, 2025 Framework developed Develop a 10 Year Capital and Operating budget forecast that aligns with lifecycle planning and risk management principles July 01, 2025 Under development (capital) Post the City’s current SAMP and AM Plan on the City’s public-facing website and make a copy available to any person who requests it Plan Approval Date Complete Opportunities for improvement include the following: State of Infrastructure  Compete bathymetric surveys for stormwater management ponds & develop 10- Year rehabilitation plan  Undertaking sidewalk, median and barrier condition assessments based on a standardized rating scale (underway)  Continue and enhance the CCTV inspection program for both sanitary and storm sewers (regular inspections provides fact-based decision-making and better confidence in results) Page 21 of 146 Page 84 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | xii  Undertake inspections of water, wastewater and stormwater facilities and appurtenances based on a standardized rating scale with photographs  Improve installation year data for critical assets  Continue to fill asset data gaps to improve capital rehabilitation planning Levels of Service  Continue to review levels of service metrics that support lifecycle asset planning activities (Operations and Maintenance activity tracking at the asset level)  Adjust of develop new measures related to the operations and maintenance of municipal infrastructure such as: – Percent of annual planned MMS inspections completed – Percent preventative maintenance works orders completed on time (e.g. sewer flushing) – Percent available funding vs. need at the asset category level. Risk and Lifecycle Management  Update master plans (Roads, Water, Sanitary, Stormwater) 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 plan studies  Review sever weather risks and the City's climate change responses, particularly for stormwater management  Separately budget and track operating and capital (growth, upgrade, renewal) costs by asset category including staff time Financial Strategies  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 Proposed Levels of Service (2025)  Update rates studies as required for water and wastewater to achieve full cost recovery  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 Page 22 of 146 Page 85 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | xiii  Increase operations and maintenance activity budgets as required to accommodate the City's growing asset portfolio. To enable O.Reg.588/17 compliance and completion of the above listed improvement opportunities, the City should:  Dedicate staffing towards AM planning activities  Increase project management staffing complements to address the backlog of infrastructure renewal identified in this AM Plan  Recognize that this AM Plan is for Core assets only and the infrastructure funding gap will likely widen further once Non-Core these assets are analyzed and incorporated into the overall AM Plan. Page 23 of 146 Page 86 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | xiv Table of contents 1 Introduction ......................................................................................................... 19 1.1 Context ......................................................................................................... 19 1.2 Purpose of the Plan ...................................................................................... 19 1.3 Scope ........................................................................................................... 26 1.4 Organization of the Document ...................................................................... 27 2 State of the Infrastructure .................................................................................. 29 2.1 City-Wide Core Assets Overview ................................................................. 29 2.2 Details by Service ......................................................................................... 33 3 Levels of Service ................................................................................................. 43 3.1 Introduction ................................................................................................... 43 3.2 City-Wide Core Assets Overview ................................................................. 43 3.3 Details by Service ......................................................................................... 46 4 Risk Management Strategy ................................................................................ 67 4.1 Introduction ................................................................................................... 67 4.2 City-Wide Core Assets Overview ................................................................. 70 4.3 Details by Service ......................................................................................... 71 5 Lifecycle Management Strategy ........................................................................ 76 5.1 Introduction ................................................................................................... 76 5.2 Growth and Upgrade Needs ......................................................................... 79 5.3 Operations and Maintenance Needs ............................................................ 81 5.4 Renewal (State of Good Repair) Needs ....................................................... 85 5.5 Summary of Core Asset Needs .................................................................... 96 6 Financial Strategy ............................................................................................... 98 6.1 Introduction ................................................................................................... 98 6.2 Growth & Upgrade Financial Sustainability ................................................ 100 6.3 O&M Financial Sustainability ...................................................................... 100 6.4 Renewal (SOGR) Financial Sustainability .................................................. 102 6.5 Strategies to Close Funding Gaps .............................................................. 103 7 O.Reg. Compliance & Improvements .............................................................. 105 7.1 Introduction ................................................................................................. 105 7.2 Details by AM Plan Section ........................................................................ 106 Page 24 of 146 Page 87 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | xv 7.3 AM Plan Monitoring and Review ................................................................ 109 Appendix A – Asset Service Life and Replacement Cost Appendix B – 2021 Bridge & Culvert Cost Forecasts (to be included in pdf merge of final doc) Appendix C – List of Very High Risk Assets List of Tables Table ES-1 Inventory of Core Assets ............................................................................. iii Table ES-2 Current Community Service Measures & Performance of Core Assets .......................................................................................................... v Table E-3 Activities to Comply with O.Reg. 588/17 ........................................................ xi Table 1-1 City Population and Employment Forecasts................................................. 24 Table 2-1 Inventory of Core Assets .............................................................................. 29 Table 2-2 Condition Grading Criteria ............................................................................ 30 Table 2-3 Conversion Table for Condition Grades of Core Assets ............................... 31 Table 2-4 Data Sources & Confidence for State of Infrastructure ................................ 33 Table 2-5 Inventory of the City’s Roads & Related Assets ........................................... 34 Table 2-6 Data Sources & Confidence of Roads & Related Assets SOI ...................... 36 Table 2-7 Inventory of the City’s Bridges & Culverts .................................................... 36 Table 2-8 Data Sources & Confidence of Bridges & Culverts SOI ............................... 38 Table 2-9 Inventory of Stormwater Management System ............................................ 38 Table 2-10 Data Sources & Confidence of Stormwater Mgmt System SOI .................. 39 Table 2-11 Inventory of Water & Wastewater Systems ................................................ 40 Table 2-12 Data Sources & Confidence of Water & Wastewater Systems SOI ............................................................................................................. 42 Table 3-1 O.Reg. 588/17 Community LOS Requirements ........................................... 44 Table 3-2 O.Reg. 588/17 Technical LOS Requirements for Core Assets ..................... 45 Table 3-3 Performance Grades .................................................................................... 46 Table 3-4 Confidence Grades ...................................................................................... 46 Table 3-5 Data Sources & Confidence for Performance on LOS Measures ................. 47 Table 3-6 Technical LOS for Roads and Related Assets ............................................. 55 Table 3-7 Technical LOS for Bridges & Culverts .......................................................... 59 Table 3-8 Technical LOS for Stormwater Management System .................................. 61 Table 3-9 Technical LOS for Water System ................................................................. 63 Table 3-10 Technical LOS for Wastewater System ...................................................... 66 Table 4-1 Asset Criticality (Consequence of Failure) Ratings ...................................... 68 Page 25 of 146 Page 88 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | xvi Table 4-2 Probability of Failure Ratings for Reliability .................................................. 70 Table 4-3 Consequence of Failure Ratings for Road & Related Assets ....................... 71 Table 4-4 Consequence of Failure Ratings for Bridges & Culverts .............................. 73 Table 4-5 Consequence of Failure Ratings for Stormwater Mgmt System ................... 74 Table 4-6 Consequence of Failure Ratings for Water System ..................................... 74 Table 4-7 Consequence of Failure Ratings for Wastewater System ............................ 75 Table 5-1 Asset Lifecycle Management Categories ..................................................... 77 Table 5-2 O&M Needs Activities & Additional Costs (2022$, thousands)..................... 83 Table 5-3 Makeup of Renewal Backlog, by Service & Asset Category ........................ 88 Table 5-4 2016 CIRC Target Reinvestment Rates ....................................................... 89 Table 5-5 Renewal Forecast Assumptions for Roads & Related Assets ...................... 90 Table 5-6 Renewal Strategies for Roads and Related Assets ...................................... 90 Table 5-7 Renewal Forecast Assumptions for Stormwater Management Assets ........................................................................................................ 92 Table 5-8 Renewal Strategies for Stormwater Management System ........................... 92 Table 5-9 Renewal Forecast Assumptions for Water System ...................................... 93 Table 5-10 Renewal Strategies for Water System ....................................................... 93 Table 5-11 Renewal Forecast Assumptions for Wastewater System ........................... 94 Table 5-12 Renewal Strategies for Wastewater System .............................................. 95 Table 6-1 Key Sources of Funding and Financing ....................................................... 99 Table 6-2 5-Year Historic and Current Available Funding .......................................... 100 Table 7-1 Activities to Comply with O.Reg. 588/17 .................................................... 105 Table A-2 Estimated Useful Life for Roads and Related ............................................ 110 Table A-3 Replacement Costs for Roads and Related ............................................... 110 Table A-4 Estimated Useful Life for Bridges and Culverts .......................................... 111 Table A-5 Estimated Useful Life for Storm Sewers .................................................... 111 Table A-6 Replacement Costs for Storm Sewers ....................................................... 112 Table A-7 Estimated Useful Life for Catchbasin Leads .............................................. 113 Table A-8 Replacement Costs for Catchbasin Leads ................................................. 113 Table A-9 Estimated Useful Life for SWM Ponds ....................................................... 113 Table A-10 Replacement Costs for SWM Ponds ....................................................... 114 Table A-11 Estimated Useful Life for Water Mains & Services ................................... 114 Table A-12 Replacement Costs for Water Mains & Services ..................................... 114 Table A-13 Estimated Useful Life for Water Facilities ................................................ 115 Table A-14 Replacement Costs for Water Appurtenances ......................................... 115 Table A-15 Estimated Useful Life for Water Appurtenances ...................................... 115 Page 26 of 146 Page 89 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | xvii Table A-16 Replacement Costs for Water Appurtenances ......................................... 115 Table A-17 Replacement Costs for Water Valves ...................................................... 115 Table A-18 Estimated Useful Life for Sewer Mains .................................................... 116 Table A-19 Replacement Costs for Sewer Mains ....................................................... 116 Table A-20 Estimated Useful Life for Sanitary Laterals .............................................. 117 Table A-21 Replacement Costs for Sanitary Laterals................................................. 117 Table A-22 Estimated Useful Life for Wastewater Appurtenances ............................. 118 Table A-23 Replacement Costs for Wastewater Appurtenances ............................... 118 List of Figures Figure ES-1 Condition Distribution of Core Assets ......................................................... iv Figure ES-2 Reliability Risk Exposure of Core Assets ................................................... vi Figure ES-3 10-Year Forecast Lifecycle Needs, Tax Based Assets ............................. vii Figure ES-4 10-Year Forecast Lifecycle Needs, Rate Based Assets ........................... viii Figure ES-5 Annual Renewal Funding Gap, Tax Based Assets ..................................... ix Figure ES-6 Annual Renewal Funding Gap, Rate Based Assets ................................... x Figure 1-1 Ontario Regulation 588/17 Requirements Overview ................................... 21 Figure 1-2 City Population History and Forecast to 2051 ............................................. 24 Figure 2-1 Average Age & Estimated Life of Core Assets ............................................ 30 Figure 2-2 Condition Distribution of Core Assets ......................................................... 32 Figure 2-3 Average Age & Estimated Life of Roads & Related Assets......................... 35 Figure 2-4 Condition Distribution of Roads & Related Assets ...................................... 35 Figure 2-5 Average Age & Estimated Life of Bridges & Culverts .................................. 37 Figure 2-6 Condition Distribution of Bridges & Culverts ............................................... 37 Figure 2-7 Average Age & Estimated Life of Stormwater Mgmt System ...................... 38 Figure 2-8 Condition Distribution of Stormwater Mgmt System .................................... 39 Figure 2-9 Average Age & Estimated Life of Water & Wastewater Systems ................ 41 Figure 2-10 Condition Distribution of Water & Wastewater Systems............................ 41 Figure 3-1 City of Niagara Falls Rural Road Network .................................................. 49 Figure 3-2 City of Niagara Falls Urban Road Network ................................................. 50 Figure 3-3 Condition Grade Examples – Urban and Rural Road Pavement ................ 52 Figure 3-4 Bridge & Culvert Location Map ................................................................... 56 Figure 3-5 Condition Grade Examples – Bridges & Culverts ........................................ 57 Figure 3-6 Stormwater Management System Map ....................................................... 60 Figure 3-7 Water System Map ..................................................................................... 62 Page 27 of 146 Page 90 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | xviii Figure 3-8 Wastewater System Map ............................................................................ 65 Figure 4-1 Reliability Risk Exposure of Core Assets .................................................... 71 Figure 4-2 Reliability Risk Exposure of Road Assets ................................................... 72 Figure 4-3 Reliability Risk Exposure of Road Related Assets ...................................... 72 Figure 4-4 Reliability Risk Exposure of Bridges & Culverts .......................................... 73 Figure 4-5 Reliability Risk Exposure of Stormwater Mgmt System .............................. 74 Figure 4-6 Reliability Risk Exposure of Water System ................................................. 75 Figure 4-7 Reliability Risk Exposure of Wastewater System ........................................ 75 Figure 5-1 Asset Lifecycle Delivery .............................................................................. 76 Figure 5-2 Conceptual Lifecycle Cost Model ................................................................ 77 Figure 5-3 Maintenance Deterioration Model ............................................................... 78 Figure 5-4 Renewal Deterioration Model ...................................................................... 78 Figure 5-5 10-Year Forecast Growth & Upgrade Needs, Tax Based ........................... 80 Figure 5-6 10-Year Forecast Growth & Upgrade Needs, Rate Based .......................... 80 Figure 5-7 Operations & Maintenance Needs for Core Assets, by Service .................. 84 Figure 5-8 10-Year Forecast Renewal (SOGR) Needs, Tax Based ............................. 86 Figure 5-9 10-Year Forecast Renewal (SOGR) Needs, Rate Based ........................... 86 Figure 5-10 10-Year Forecast Renewal Needs for Roads & Related Assets ............... 91 Figure 5-11 10-Year Forecast Renewal Needs for Bridges & Culverts ........................ 92 Figure 5-12 10-Year Forecast Renewal Needs for Stormwater Mgmt System ............. 93 Figure 5-13 10-Year Forecast Renewal Needs for Water System ............................... 94 Figure 5-14 10-Year Forecast Renewal Needs for Wastewater System ...................... 95 Figure 5-15 10-Year Forecast Lifecycle Needs, Tax Based ......................................... 96 Figure 5-16 10-Year Forecast Lifecycle Needs, Rate Based ....................................... 97 Figure 6-1 2022 O&M Funding Gap, by Service ........................................................ 101 Figure 6-2 Annual Renewal Funding Gap, Tax Based Assets ................................... 102 Figure 6-3 Annual Renewal Funding Gap, Rate Based Assets .................................. 103 Page 28 of 146 Page 91 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 19 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 Page 29 of 146 Page 92 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 20 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. 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 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). Page 30 of 146 Page 93 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 21 Figure 1-1 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. Page 31 of 146 Page 94 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 22 1.2.2 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. 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. Page 32 of 146 Page 95 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 23  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" municipality and the City of Niagara Falls is the "lower tier" or “local” municipality. For core assets, the responsibilities are divided as follows:  The Region of Niagara provides roads related to travel through the Region, stormwater treatment, water supply and treatment, and wastewater treatment.  The City of Niagara Falls provides roads to provide access to properties, sidewalks, street lights, stormwater collection, water distribution, and wastewater collection and conveyance. 1.2.3 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, budgeting and programming decision-making. 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.  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  Niagara Falls Rate Study, 2021  Operating and Capital Budgets  Niagara Falls Climate Change Adaptation Plan, 2021  Master Drainage Plan Update, 2017. Page 33 of 146 Page 96 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 24 1.2.4 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 1-2. 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 Figure 1-2 City Population History and Forecast to 2051 Page 34 of 146 Page 97 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 25 1.2.5 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 culvert and storm sewer system surcharges causing damage to property and other infrastructure systems via overland flow and potential underground flooding 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  Changes to wastewater effluent characteristics  Buildings, tankage, housed process equipment affected by flooding  Increased energy costs due to increased pumping  Increased treatment costs due to higher volumes at the treatment plant. Climate change responses include:  Climate change mitigation strategies that reduce the magnitude and rate of climate change, typically by reducing greenhouse gas emissions Page 35 of 146 Page 98 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 26  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 Niagara Parks Commission roadways).  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. Page 36 of 146 Page 99 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 27  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 a significant proportion 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 two major wastewater storage facilities. Note that the City owns a significant number of minor inline wastewater storage facilities which are included in the inventory as sewers. 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. O.Reg. Compliance & Improvement: Summarizes the next steps including monitoring of AM Plan implementation progress, and improving future iterations of the AM Plan. 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. Page 37 of 146 Page 100 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 28 Appendix B – 2021 OSIM Reports: Contains the Ontario Structures Inspections for Span and Municipal Structures, 2020 Appendix C - List of Very High Risk Assets: Provides a list of the assets that fall within the Very High risk category Page 38 of 146 Page 101 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 29 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 $2,115.4 million (2022$), and includes a breakdown of the inventory by service including current (2022$) replacement value. Table 2-1 Inventory of Core Assets Service Asset Categories Replacement Value (2022$, millions) Replacement Value (%) Roads & Related Roads, sidewalks, medians, barriers $715.0 34% Bridges & Culverts Span bridges, span culverts, municipal structures $171.5 8% Stormwater Management Storm sewers, ponds, appurtenances $333.1 16% Water Water mains, facilities, appurtenances $477.0 22% Wastewater Sewer Mains, facilities, appurtenances $418.8 20% TOTALS $2,115.4 100% The average age and estimated service life of the City’s core assets, by service, weighted by replacement value, is summarized in Figure 2-2. 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 important as assets generally require less investment during the beginning of their service lives and more as they approach the end of their lives. Page 39 of 146 Page 102 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 30 Figure 2-1 Average Age & Estimated Life of 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 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. Page 40 of 146 Page 103 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 31 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 material type and age unless superseded by the observed condition during water 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 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% >85 – 100 >80 – 100 Excellent / Very Good 1 Good >50 – 75% >70 – 85 >70 – 80 Good 2 Fair >25 – 50% >55 – 70 >60 – 70 Fair / Okay 3 Poor >0 – 25% >40 – 55 >40 – 60 Poor 4 Very Poor <= 0% <= 40 <= 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 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 2-2 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 Page 41 of 146 Page 104 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 32 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 2-2 Condition Distribution of Core Assets Overall, 75% or $1,588 million of the City’s core assets are in Fair condition or better, 14% or $305 million are in Poor or Very Poor condition, and 11% or $223 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 sidewalks, stormwater maintenance holes and catchbasins, and property water services and curb stops. Based on those assets with known condition, 2.9% or $54.5 million are in Very Poor condition. The assets in Very Poor condition are listed in a separate document and include roads ($6.7 million), bridges and culverts ($6.6 million), water mains ($24.5 million), and wastewater sewers, laterals, maintenance holes ($14.0 million). To minimize the cost of ownership and risk, these assets are generally included in the capital renewal program. Note that the confidence in “condition” data shown for sidewalks, storm sewers, ponds and appurtenances, and wastewater laterals and maintenance holes is moderate as it is based on calculated age rather than inspected condition. 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 City is working to improve the confidence in the supporting data for these asset types. Page 42 of 146 Page 105 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 33 Table 2-4 Data Sources & Confidence for State of Infrastructure Service Inventory Unknowns (%) Replacement Value Age  Condition Condition Assessments Roads & Related Sidewalks (92.7%), 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 Maintenance Holes (46.2%), Catchbasins (66.6%) Same as Roads & Related except SWM Ponds (unit construction costs based on storage volume) storm sewers, ponds, appurtenances pending for mains, ponds, maintenance holes Water Water Services (76.1%), Water Meters (25.0%), Curb Stops (51.3%) Same as above except Water Facilities (purchase costs recorded in TCA register, inflated to 2022) water facilities, appurtenances age plus watermain break observed condition Wastewater Wastewater Storage & Pumping (100%) Same as above except Wastewater Facilities (purchase costs recorded in TCA register, inflated to 2022) wastewater laterals, facilities, appurtenances sewer mains  Indicates lower confidence in source data (with pink highlighting) * sidewalks in very poor condition assumed to be in unknown condition 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. Page 43 of 146 Page 106 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 34 Table 2-5 Inventory of the City’s Roads & Related Assets Asset Category Quantity Replacement Value (millions, 2022$) Replacement 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 $102.6 14.4% Medians 19,695 m $3.2 0.4% Barriers 480,774 m $4.2 0.6% TOTALS $715.0 100.0% The average age and estimated life of the City’s roads and related assets, weighted by replacement value, is summarized in Figure 2-3. 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 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 2-4. 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, 81% of paved urban roads (all functional classes) are in Fair condition or better and 75% of the semi-urban and rural paved roads are in Fair condition or better. On average, 42% 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. Page 44 of 146 Page 107 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 35 Figure 2-3 Average Age & Estimated Life of Roads & Related Assets Figure 2-4 Condition Distribution of Roads & Related Assets Page 45 of 146Page 108 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 36 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 & Confidence of Roads & 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: Unknown install dates: Sidewalks (92.7%) Unit costs aligned with historical tender costs and peer municipalities Age based on known installation date Medians GIS: Unknown install dates: Medians (24.7%) Unit costs aligned with historical tender costs and peer municipalities Age based on known installation date Barriers GIS 98.5% with unknown install date Unit costs aligned with historical tender costs and peer municipalities Age based on known 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 & 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% 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 2-5. On average, all of the City’s bridges and culverts are in the last half of their service lives. Page 46 of 146 Page 109 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 37 Figure 2-5 Average Age & Estimated Life of Bridges & Culverts The condition distribution of the City’s bridges and culverts is shown in Figure 2-6. 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, 90% of span bridges, 100% of span culverts, and 87% of municipal structures are in Fair condition or better. No bridges or culverts are of unknown condition. Figure 2-6 Condition Distribution of Bridges & 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. Page 47 of 146 Page 110 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 38 Table 2-8 Data Sources & Confidence of Bridges & Culverts SOI Asset Category Inventory Data Source Source of Replacement Value Condition Bridges & Culverts Annual OSIM Reporting OSIM Reporting – Engineered estimate BCI per OSIM 2.2.3 Stormwater Management System Assets that support stormwater management include storm sewers, catchbasin leads, ponds, maintenance holes, and catchbasins. Table 2-9 shows the estimated replacement value of the City’s stormwater management system as $333.1 million (2022$), and includes a breakdown of the inventory by asset category. Storm sewers make up approximately three quarters (76.1%) of the portfolio by replacement value. Table 2-9 Inventory of Stormwater Management System Asset Category Quantity Replacement Value (2022$, millions) Replacement Value (%) Storm Sewers 314,758 m $253.4 76.1% Catchbasin Leads 54,575 m $28.3 8.5% SWM Ponds 27 ponds $19.4 5.8% Stormwater Appurtenances 4,778 Maintenance Holes $12.5 3.8% 7,400 Catchbasins $19.4 5.8% TOTALS $333.1 100% The average age and estimated life of the City’s stormwater management system, weighted by replacement value, is summarized in Figure 2-7. On average, the City’s stormwater management system assets are in the first third of their service lives. Figure 2-7 Average Age & Estimated Life of Stormwater Mgmt System Page 48 of 146 Page 111 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 39 The condition distribution of the City’s stormwater management system is shown in Figure 2-8. 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. Figure 2-8 Condition Distribution of Stormwater Mgmt 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 2-10 Data Sources & Confidence of Stormwater Mgmt 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 Unknown install dates: Maintenance Holes (46.2%), Catchbasins (66.6%) Unit costs aligned with historical tender costs and peer municipalities Age and install date  (pink highlighting) indicates lower confidence in source data Page 49 of 146 Page 112 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 40 2.2.4 Water and Wastewater Systems Assets that support water service include water mains, services, bulk water stations and water appurtenances including hydrants, valves, meters and curb stops. The top part of Table 2-11 shows the estimated replacement value of the City’s water system as $477.0 million (2022$), and includes a breakdown of the inventory by asset category. Water mains make up approximately two thirds (65.1%) of the portfolio by replacement value. Assets that support wastewater service include sewer mains, laterals, a treatment facility, a storage and pumping facility, maintenance holes and cleanouts. The bottom part of Table 2-11 shows the estimated replacement value of the City’s wastewater system as $418.8 million (2022$), 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 2-11 Inventory of Water & Wastewater Systems Asset Category Quantity Replacement Value (2022$, millions) Replacement Value (%) Water Mains 480,774 m $310.5 65.1% Services 289,658 m $85.7 18.0% Bulk Water Stations 2 $0.3 0.1% Water Appurtenances 3,046 Hydrants $28.8 6.0% 4,955 Valves $18.2 3.8% 34,643 Meters $17.7 3.7% 31,412 Curb Stops $15.7 3.3% TOTALS $477.0 100% Sewer Mains 434,235 m $237.8 56.8% Laterals 301,560 m $95.6 15.4% Wastewater Facilities 1 High Rate Treatment Facility $14.8 22.8% 1 Storage & Pumping Facility * $5.0 3.5% Wastewater Appurtenances 5,984 Maintenance Holes $64.3 1.2% 1,188 Cleanouts $1.2 0.3% TOTALS $418.8 100% * The 2022 Wet Weather CSO Reduction Strategy includes verifying the City’s inventory, completing condition assessments of all structures and forecasting capital needs. The results of the strategy will be included in the next iteration of the AM Plan. The average age and estimated life of the City’s water and wastewater systems, weighted by replacement value, are summarized in Figure 2-9. On average, the City’s water system Page 50 of 146 Page 113 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 41 assets are in the first third of their service lives and the wastewater system assets are in the middle of their service lives. Figure 2-9 Average Age & Estimated Life of Water & Wastewater Systems The condition distribution of the City’s water and wastewater systems are shown in Figure 2-10. The figure graphically shows the relative replacement value, by asset category, and the proportion of assets by condition grade. On average, 83% of water system assets and 76% of wastewater system assets are in Fair condition or better. For the water system, a significant portion (76.1%) of the property services are of unknown condition. Figure 2-10 Condition Distribution of Water & Wastewater Systems Page 51 of 146 Page 114 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 42 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 2-12 Data Sources & Confidence of Water & Wastewater Systems SOI Asset Category Inventory Data Source Source of Replacement Value Condition Source Water Mains and Services GIS: Unknown install dates: Services (76.1%) Unit costs aligned with historical tender costs and peer municipalities Age plus watermain break observed condition 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, 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 Wastewater Sewers GIS Unit costs aligned with historical tender costs and peer municipalities CCTV structural scores Laterals GIS Unknown lateral sizes assume 100mm As above Age and install date Wastewater Facilities Tangible Capital Asset register 100% storage & pumping with unknown install date Purchase costs recorded in Tangible Capital Asset register, inflated to 2022 Age and install date Wastewater Appurtenances (Maintenance Holes, Cleanouts) GIS: Assume maintenance holes are 1200mm Unit costs aligned with historical tender costs and peer municipalities Age and install date*  Indicates lower confidence in source data (with pink highlighting) * Maintenance holes have been inspected, but data not collated Page 52 of 146 Page 115 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 43 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. Page 53 of 146 Page 116 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 44 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 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. Page 54 of 146 Page 117 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 45 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% (based on hydraulic model) Reliability The number of connection-days per year where a boil water advisory notice is in place compared to the total number of properties connected to the municipal water system 0 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 blockages 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 Page 55 of 146 Page 118 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 46 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. 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. Page 56 of 146 Page 119 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 47 Table 3-5 Data Sources & Confidence for Performance on LOS Measures Service Capacity and Use Function Reliability Roads & Related Road network exceeding AADT counts – anecdotal ranking 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 Sewer main backups based on work order history 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) Page 57 of 146 Page 120 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 48 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 Niagara Parks Commission roadways. Provincial highways are regulated by the Ontario Ministry of Transportation. Development and access in close proximity to these roadways are subject to Provincial permitting and approval. The following maps illustrates the City's road network. Page 58 of 146 Page 121 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 49 Figure 3-1 City of Niagara Falls Rural Road Network Page 59 of 146 Page 122 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 50 Figure 3-2 City of Niagara Falls Urban Road Network Page 60 of 146 Page 123 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 51 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 three to five 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. Page 61 of 146 Page 124 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 52 Figure 3-3 Condition Grade Examples – Urban and Rural Road Pavement PCI Score Urban Road Example Rural Road Example Very Good PCI 85 - 100 Fallsview Boulevard Stanley Avenue Good PCI 75-84 Chrysler Ave King Road Page 62 of 146Page 125 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 53 PCI Score Urban Road Example Rural Road Example Fair PCI 60-74 Forest Glen Drive Young Road Poor PCI 45-59 Lewis Avenue Marshall Road Page 63 of 146Page 126 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 54 PCI Score Urban Road Example Rural Road Example Very Poor PCI <45 Allendale Avenue Lyon’s Creek Road / Schisler Road Page 64 of 146Page 127 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 55 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 75 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 70% * Excludes un-opened road allowances (Class 6 roads) Page 65 of 146 Page 128 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 56 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 3-4 Bridge & Culvert Location Map Page 66 of 146 Page 129 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 57 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 3-5. Figure 3-5 Condition Grade Examples – Bridges & 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) Page 67 of 146 Page 130 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 58 Condition Grade Sample Span Structures Conditions Sample Municipal Structures Conditions Fair BCI 60 - 69 Koabel Bridge (BCI=65) Garner Culvert (BCI=65) Poor BCI 40 - 59 Crowland Bridge (BCI=59) Weaver Culvert (BCI=52) Very Poor BCI < 40 McKenney Bridge (BCI=47) Marshal Culvert (BCI=39) Page 68 of 146 Page 131 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 59 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 & 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% % of municipal structures in fair or better condition based on BCI 87.2% Very Good High 70% * 9% is 4 bridges ** 0% target is desirable but postings may be applied if achieving target is cost prohibitive Page 69 of 146 Page 132 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 60 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 3-6 Stormwater Management System Map Page 70 of 146 Page 133 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 61 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 the lack of detailed hydraulic modelling, sub-watershed studies, condition assessment activities and missing data gaps for the stormwater collection system. As such capacity performance is assessed as age-based rather than condition based (plans are in place to conduct condition assessment activities 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 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% * 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 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. Page 71 of 146 Page 134 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 62 A map of the City’s water system is shown in the following figure. Figure 3-7 Water System Map Page 72 of 146 Page 135 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 63 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 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% (based on hydraulic model) 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 to the City water system 0.05 Good High 5 % 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 Page 73 of 146 Page 136 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 64 Potential future LOS measures related to water meters: increased confidence in meter reading and billing and increased accuracy in billing:  % of re-reads due to water meter or reader malfunction  % of water meter under-registration. 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 including all forcemains except low pressure main on Thoraldstone Road. The City owns and operates one sanitary pumping station (Gunning & Mears SPS), and a number of minor wastewater storage facilities. The City also owns one high rate treatment facility but is not responsible for its operations or maintenance. 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 currently tracks the instance of overflows events in combined sewers after significant rainfall events. 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 (catch basins, 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. A map of the City’s wastewater system is shown in the following figure. Page 74 of 146 Page 137 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 65 Figure 3-8 Wastewater System Map Page 75 of 146 Page 138 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 66 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 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 * Fair High 15% 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 * under review, ** short term target (target will be examined as part of the Master Servicing Plan – looking to address as assets are replaced) Potential future LOS measures related to wastewater:  % of network meeting design infiltration allowance of 0.286 L/ha/s (hydraulic model)  % of sewer network that meets minimum slope requirements per diameter (per design guidelines). Page 76 of 146 Page 139 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 67 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 Page 77 of 146 Page 140 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 68 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. 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, Page 78 of 146 Page 141 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 69 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:  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. Page 79 of 146 Page 142 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 70 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 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 4-1 shows that 0.4% or $7.30 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) and six road segments namely Kalar Road, Kitchener Street, Allendale Avenue, Buchanan Avenue, Fallsview Boulevard, and Reixinger Road ($2.94 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. Page 80 of 146 Page 143 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 71 Figure 4-1 Reliability Risk Exposure of 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. Table 4-3 Consequence of Failure Ratings for Road & Related Assets Service Asset Category Attributes Capacity Function Reliability Road Assets 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 Road Related Assets 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 Page 81 of 146 Page 144 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 72 The risk map shown as Figure 4-2 combines the Criticality (CoF) ratings with the Condition (PoF) ratings for the City’s Road assets, not including Sidewalks, Medians and Barriers which are shown in Figure 4-3Figure 4-3 Reliability Risk Exposure of Road Related Assets, which follows. Six road segments namely Kalar Road, Kitchener Street, Allendale Avenue, Buchanan Avenue, Fallsview Boulevard, and Reixinger Road make up the $2.94 million Very High risk exposure 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 4-2 Reliability Risk Exposure of Road Assets The risk map shown as Figure 4-3 combines the Criticality (CoF) ratings with the Condition (PoF) ratings for the City’s Road Related assets (i.e. Sidewalks, Medians and Barriers). Road medians make up the $0.45 million High risk (orange) for Road Related assets. Figure 4-3 Reliability Risk Exposure of Road Related Assets Note that the datasets for retaining walls, overhead sign supports and arches is not complete and will be improved prior to producing the next AM Plan. Page 82 of 146 Page 145 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 73 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 Bridges & 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 4-4 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. Figure 4-4 Reliability Risk Exposure of Bridges & 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. Page 83 of 146 Page 146 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 74 4.3.3 Stormwater Management System Table 4-5 provides a summary of the CoF assessment for the City’s Stormwater Management System assets. Table 4-5 Consequence of Failure Ratings for Stormwater Mgmt System Service Asset Type Attributes Capacity Function Reliability Stormwater Management Storm Sewers Including inlet / outlet structures 2 3 3 Catchbasin Leads 2 2 SWM Ponds 3 3 3 Stormwater Appurtenances MHs, CBs 2 2 The risk map shown as Figure 4-5 combines the Criticality (CoF) ratings with the Condition (PoF) ratings for the City’s Stormwater assets. The $0.13 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 low to moderate as it is age- based. Figure 4-5 Reliability Risk Exposure of Stormwater Mgmt System 4.3.4 Water System Table 4-6 provides a summary of the CoF assessment for the City’s Water System assets. Table 4-6 Consequence of Failure Ratings for Water System Service Asset Type Attributes Capacity Function Reliability Water Water Mains 2 2 3 Services 1 2 Facilities Bulk Water Stations 2 1 3 Water Appurtenances Meters 2 3 Hydrants, Valves, Services, Curb Stops 2 2 The risk map shown as Figure 4-6 combines the Criticality (CoF) ratings with the Condition (PoF) ratings for the City’s Water System. The $24.53 million shown as a High Page 84 of 146 Page 147 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 75 risk exposure (orange) consists of over 300 water main segments with PoF of 5, Very Poor condition. Figure 4-6 Reliability Risk Exposure of Water System 4.3.5 Wastewater System Table 4-7 provides a summary of the Consequence of Failure assessment for the City’s Wastewater System assets. Table 4-7 Consequence of Failure Ratings for Wastewater System Service Asset Type Attributes Capacity Function Reliability Wastewater Sanitary Sewers Gravity Mains 2 3 3 Low Pressure Mains 1 2 3 Laterals 2 2 Facilities High Rate Treatment Facility 3 3 4 Pumping Station 2 3 Wastewater Appurtenances MHs, Cleanouts 2 2 The risk map shown as Figure 4-7 combines the Criticality (CoF) ratings with the Condition (PoF) ratings for the City’s Wastewater System. The $9.51 million shown as a High risk exposure consists of 480 sanitary sewer main segments with PoF of 5, Very Poor condition. Figure 4-7 Reliability Risk Exposure of Wastewater System Page 85 of 146 Page 148 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 76 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 shown in Figure 5-1 and listed in Table 5-1, and are driven by the levels of services defined in Section 3. Figure 5-1 Asset Lifecycle Delivery Page 86 of 146 Page 149 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 77 Table 5-1 Asset Lifecycle Management Categories 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 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 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 In addition to the above asset strategies, non-asset solutions are also considered which include 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 5-2. 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. Figure 5-2 Conceptual Lifecycle Cost Model Page 87 of 146 Page 150 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 78 The following two figures show how 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 5-3 Maintenance Deterioration Model Figure 5-4 Renewal Deterioration Model This section of the AM Plan first provides the growth and upgrade needs to support capacity and functional service levels, then the operations and maintenance needs, followed by the renewal needs to support reliability service levels. The final section summarizes the core asset needs. Page 88 of 146 Page 151 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 79 5.2 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 growth needs will be funded through Development Charges. The needs are also reported separately depending on whether the funding source is Rate based (for water and wastewater services) or Tax based (for roads and related, bridges and culverts, and stormwater services). 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. However, the confidence in these forecasts is low. Therefore, the average of the historic growth and upgrade expenditures over the past 5 years have been used to forecast the growth and upgrade needs over the next 10 years. These needs are shown as the darker coloured, upper portion of the bars in Figure 5-5 for Tax Based and Figure 5-6 for Rate Based, by service. Developer-Donated Growth 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 5-5 for Tax Based and Figure 5-6 for Rate Based, by service. Page 89 of 146 Page 152 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 80 Figure 5-5 10-Year Forecast Growth & Upgrade Needs, Tax Based Figure 5-6 10-Year Forecast Growth & Upgrade Needs, Rate Based To improve the confidence in these forecasts, the City plans to update current transportation, stormwater, water and wastewater master plans. Page 90 of 146 Page 153 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 81 5.3 Operations and Maintenance Needs Operations and Maintenance Needs for Current LOS Along with timely renewal of assets, described in the next section, 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 operations and maintenance (operating expenses) and renewals (capital programs) 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 next section extend the useful life of the asset. Operations, maintenance and renewals 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 5-2 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 City 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 5-2. 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 Page 91 of 146 Page 154 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 82 needs forecasts, but with less intensity. These less intense inspections are now shown to be operations and maintenance activities with associated costs. 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). The City should undertake a formal gap assessment of O&M programs across all core asset portfolios including a roadmap with scope, cost estimates and timelines. Page 92 of 146 Page 155 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 83 Table 5-2 O&M Needs Activities & 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 $50 $0 Water Mains Track break history, Uni-directional flushing, C-Factor Testings Y $50 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 Page 93 of 146Page 156 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 84 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. The total operations and maintenance needs for 2022 are forecast to be as follows:  2022 Tax Based O&M needs: $13.7 million  2022 Rate Based O&M needs: $38.3 million. Figure 5-7 Operations & Maintenance Needs for Core Assets, by Service Additional operations and maintenance costs due to the growth or upgrade of assets over the next 10 years based on forecast new, expansion or upgraded assets are estimated to be as follows:  10-year average annual Tax Based O&M needs (2022 to 2031): $14.9 million  10-year average annual Rate Based O&M needs (2022 to 2031): $40.5 million. Page 94 of 146 Page 157 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 85 5.4 Renewal (State of Good Repair) 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 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 without the activities. Examples of rehabilitation activities are milling and repaving of a paved road segment, concrete deck replacement on a bridge, and lining storm and sanitary sewers, all 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 (2020). 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 5-8 shows the renewal needs for Tax based assets (Roads and Related, Bridges and Culverts, and Stormwater Management System) over the next 10 years. The average renewal need (solid black line) is estimated at $20.4 million per year for the period 2022- 2031. However, the renewal need in 2022 is $26.9 million. The difference between the 2022 renewal need and the 10-year average is $6.5 million and represents the backlog due to assets currently in need of renewal. The backlog is made up mostly of bridges and culverts at $5.0 million. The annual renewal need includes removal of the backlog over the 10 year period. Refer to Table 5-3 for a detailed breakdown of the current backlog. 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. Page 95 of 146 Page 158 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 86 Figure 5-8 10-Year Forecast Renewal (SOGR) Needs, Tax Based Figure 5-9 shows the renewal needs for Rate based assets (Water and Wastewater Systems) over the next 10 years. The average renewal need (solid black line) is estimated at $11.1 million per year for the period 2022-2031. However, the renewal need in 2022 is $43.4 million. The difference between the 2022 renewal need and the 10-year average is $32.3 million and represents the backlog due to assets currently in need of renewal. The backlog is made up mostly of water mains at $19.9 million and sanitary mains at $7.3 million. The annual renewal need includes removal of the backlog over the 10 year period. Refer to Table 5-3 for a detailed breakdown of the current backlog. 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. Figure 5-9 10-Year Forecast Renewal (SOGR) Needs, Rate Based Page 96 of 146 Page 159 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 87 Backlog of Renewal Needs Table 5-3 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. Page 97 of 146 Page 160 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 88 Table 5-3 Makeup of Renewal Backlog, by Service & Asset Category Service Asset Category Backlog ($) Backlog (%) Criticality * Basis of Analysis Confidence Roads & Related Roads $0.9 6% 3 to 4 Inspected (PCI) High Sidewalks $0 0% 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 33% 3 Age-based Moderate Management Maintenance Holes $0.0 33% 2 Age-based Moderate Catchbasins $0.0 33% 2 Age-based Moderate Catchbasins Leads $0.0 0% 2 Age-based Moderate SWM Ponds $0.0 0% 3 Annual Amount Low TOTAL Tax Based $6.6 Water Water Mains $19.9 361% 3 Age, # breaks Mod - High Services $0.0 0% 2 Annual Amount Low Bulk Water Stations $0.0 0% 3 Annual Amount Low Hydrants $0.7 230% 2 Age-based Moderate Valves $0.2 195% 2 Age-based Moderate Meters $0.0 0% 3 Annual Amount Low Curb Stops $0.0 0% 2 Annual Amount Low Wastewater Sewers $7.3 731% 3 Inspected (CCTV) High Laterals $0.8 135% 2 Age-based Moderate Facilities-Treatment $0.0 0% 4 Annual Amount Low Facilities-Storage & Pumping $0.0 0% 3 Annual Amount Low Maintenance Holes $3.3 600% 2 Age-based Moderate Cleanouts $0.0 900% 2 Age-based Moderate TOTAL Rate Based $32.3 * Criticality ranges from 1 insignificant to 5 catastrophicPage 98 of 146Page 161 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 89 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 5-2, the annual reinvestment amount is the cost of (Refurbish 1 plus Refurbish 2 plus Replace) divided by (Effective Life). 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 5-4 provides the 2016 CIRC target reinvestment rates: upper target, lower target, and average target. Table 5-4 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 Lifecycle Annual Renewal Need shown in Figure 5-8 and Figure 5-9 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. The City should plan for long term renewal needs close to the Lifecycle Annual Renewal Needs shown as $26.3 million for Tax Based assets and $11.9 million for Rate Based assets, including growth in the core asset portfolio over the next 10 years. Page 99 of 146 Page 162 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 90 5.4.1 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 5-5 Renewal Forecast Assumptions for Roads & 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, with any sidewalks in very poor condition based on age being shown as in unknown condition * 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 City has an extensive in-house spot repair program. The City intends to develop a 5-point rating system for use during MMS reviews to evaluate and record the overall condition of each sidewalk segment (i.e., between two nodes or two intersecting streets). Partial segments will be scheduled for spot repairs or replacement, depending on condition. The following table provides the rehabilitation and replacement timing and costs for the renewal needs analysis. Table 5-6 Renewal Strategies for Roads and Related Assets Asset Category Cost Unit Rehab 1 Rehab 2 Replace Description Time (yrs) Unit Cost Description Time (yrs) Unit Cost Years 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 m2 40 $130 Medians m 50 $161 Barriers m 50 $8.66 * Urban includes curb and gutter, ** Semi-Urban Page 100 of 146 Page 163 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 91 The following figure shows the results of the renewal needs forecast. The graph highlights the small backlog of road pavement needs. Note that the longer term annual renewal amount of $19.7 million is above the 10-year average of $16.7 million. Figure 5-10 10-Year Forecast Renewal Needs for Roads & 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 $2.4 million is approximately equal to the 10-year average of $2.6 million. The City will review bridge related asset management needs biannually as OSIMs are updated. Page 101 of 146 Page 164 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 92 Figure 5-11 10-Year Forecast Renewal Needs for Bridges & Culverts Stormwater Management System The following table lists the renewal forecast assumptions for the stormwater management system. Table 5-7 Renewal Forecast Assumptions for 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 5-8 Renewal Strategies for Stormwater Management System Asset Category Cost Unit Time (years) Unit Cost (2022$) Storm Sewers m varies varies Catchbasin Leads m varies varies SWM Ponds ea 50 $1,000,000 Maintenance Holes ea 80 Varies Catchbasins ea 80 Single: $2401 Double: $3646 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 Page 102 of 146 Page 165 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 93 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. Figure 5-12 10-Year Forecast Renewal Needs for Stormwater Mgmt System Water System The following table lists the renewal forecast assumptions for the water system. Table 5-9 Renewal Forecast Assumptions for Water System Asset Category Forecast Assumptions Watermains Forecasted based on last observed condition (break history data) or age if condition not available Services Forecasted based on age Hydrants & Valves Forecasted based on age Meters and Curb Stops Forecast is an average annual reinvestment rate (same annualized investment each year) based on replacement value and useful life. Bulk Water Station 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 5-10 Renewal Strategies for Water System Asset Category Cost Unit Time (years) Unit Cost (2022$) Watermains m varies varies Services m 25 $296 Page 103 of 146 Page 166 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 94 Asset Category Cost Unit Time (years) Unit Cost (2022$) Bulk Water Stations ea 75 $150,000 Hydrants ea 75 $9,467 Valves ea 75 varies Meters ea 20 varies Curb Stops ea 75 <=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 approximately equal to the 10-year average of $6.0 million. Figure 5-13 10-Year Forecast Renewal Needs for Water System Wastewater System The following table lists the renewal forecast assumptions for the wastewater system. Table 5-11 Renewal Forecast Assumptions for 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, Laterals, Cleanouts, Storage Tanks Forecasted based on age Page 104 of 146 Page 167 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 95 The following table provides the renewal strategies used as input to the renewal needs analysis. Table 5-12 Renewal Strategies for Wastewater System Asset Category Cost Unit Time (years) Unit Cost (2022$) Sanitary Sewer Mains m varies varies Laterals m varies varies Facilities-Treatment ea 50 $14.8M Facilities-Storage & Pumping ea 50 $2.13M Maintenance Holes ea 80 $10,764 Cleanouts ea 80 $885 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 $5.3 million is significantly above the 10-year average of $1.9 million. Renewal works now include lining rehabilitation and is being planned with works to eliminate combined sewers. Figure 5-14 10-Year Forecast Renewal Needs for Wastewater System This AM Plan does not include the needs related to sewer separate needs. The 2017 Pollution Control Study / Plan (PPCP) showed a program of separate works (i.e., the CSO management strategy) which included design costs but not construction cost estimates for sewer separation. The next AM Plan will have better defined strategy with CSO and wet weather needs. Page 105 of 146 Page 168 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 96 5.5 Summary of Core Asset Needs Figure 5-15 shows the total operations, maintenance, renewal, growth and upgrade needs forecast for Tax based City core assets 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 $399 million for the period 2022-2031, for an average of $39.9 million per year. 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. Figure 5-15 10-Year Forecast Lifecycle Needs, Tax Based Figure 5-16 shows the total operations and maintenance, renewal, growth and upgrade needs forecast for Rate based City core assets 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 $565 million for the period 2022-2031, for an average of $56.5 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 water mains and wastewater sewers and maintenance holes. 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. Page 106 of 146 Page 169 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 97 Figure 5-16 10-Year Forecast Lifecycle Needs, Rate Based Page 107 of 146 Page 170 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 98 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. 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 1, 2025) provide lifecycle management and financial strategies and annual funding projected to be available for each of the next 10 years. Page 108 of 146 Page 171 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 99 The City’s main sources of revenue include property tax, 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) * An average, pre COVID, the City received approximately $23M in total of OLG funding ($4.2M allocated for the Casino Policing Unit, $5.9M for the tax supported budget as a levy subsidy, and the remaining $12.9M for Capital). Currently post COVID, Casino revenue is budgeted for about 60% of the normal amount ($13.8M) with Casino policing funding of 18% ($2.5M), tax levy of $5.5M, and $5.8M for capital. The funding for capital is contingent on total OLG funding, with policing and tax levy subsidy receiving funding first. In addition to the above sources, capital reserves should be 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. Annual property tax levies should be set to a level that replenishes capital reserves balances to meet future AM demands. Capital reserves should align with specific service areas. Similarly, annual property tax levies should be set at a level to fund new debt charges rated to debt approved for AM. The City minimizes impacts on residents through maximizing revenue sources such as third party grant revenue. The funding of City services can be categorized into two groups:  Tax based: those that are funded through property taxes and other sources (i.e. roads, bridges and culverts, stormwater management), and  Rate based: those that are funded through user fees or rates (i.e. water and wastewater). Page 109 of 146 Page 172 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 100 The following table summarizes the historical 5-year expenditures (escalated to 2022$ and averaged) and the 2022 available funding, by funding source, by lifecycle strategy. Table 6-2 5-Year Historic and Current Available Funding Funding Source  Tax Based Rate Based 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 $4.7 $4.7 $4.9 $8.7 Renewal $12.5 $15.5 $6.3 $9.5 Operations $5.1 $5.8 $15.3 $15.2 Maintenance $6.4 $7.5 $20.6 $22.1 TOTALS $28.6 $33.5 $47.1 $55.5 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. 6.2 Growth & Upgrade Financial Sustainability As discussed in the Lifecycle Management Strategy section above, the average historic growth and upgrade expenditures over the past 5 years have been used to forecast the growth and upgrade needs for the next 10 years due to low to moderate confidence in the forecast remaining in the City’s 2019 Development Charges Background Study. As the City develops a comprehensive asset management plan for non-core assets, and 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 O&M Financial Sustainability For each service, Figure 6-1 provides the 2022 forecast operations and maintenance need (bottom amount), available Funding (middle amount) and the Funding GAP (top amount, in green) 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 Tax based operations and maintenance (transportation and stormwater management assets) is $0.4 million and for Rate based (water and water systems) is $1.3 million. As the asset portfolio grows and is upgraded over time, the operations and maintenance needs will increase. Page 110 of 146 Page 173 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 101 Figure 6-1 2022 O&M Funding Gap, by Service Page 111 of 146 Page 174 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 102 6.4 Renewal (SOGR) Financial Sustainability The largest funding gap was found for Tax based assets, namely roads, bridges and culverts, and stormwater management system assets. For these assets, Figure 6-2 shows historic spending (dashed black line at $12.5 million) and the 10-year average annual need forecast (solid black line at $20.4 million) for an annual funding gap for each of the next ten years of $7.8 million (shown in green text) for a total of $78 million over the 10-year period. The yellow line at $15.5 million is the 2022 budget. The lifecycle annual renewal need estimate of $26.8 million based on the CIRC average annual renewal rate (dashed red line) indicates that the 10-year average annual forecast needs of $20.4 million is lower than renewal needs beyond the 10-year forecast period. Figure 6-2 Annual Renewal Funding Gap, Tax Based Assets The Rate based funding for water and wastewater assets is closer to the forecast needs. Figure 6-3 shows historic spending (dashed black line at $6.3 million) and the 10-year average annual need forecast (solid black line at $11.1 million) for an annual funding gap for each of the next ten years of $4.8 million (shown in green text) for a total of $43 million over the 10-year period. The yellow line at $9.5 million is the 2022 budget. The lifecycle annual renewal need estimate of $12.1 million based on the CIRC average annual renewal rate (dashed red line) indicates that the 10-year average annual forecast needs of $11.1 million is only marginally lower than renewal needs beyond the 10-year forecast period. Page 112 of 146 Page 175 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 103 Figure 6-3 Annual Renewal Funding Gap, Rate Based Assets 6.5 Strategies to Close Funding Gaps The following strategies may be considered to close the funding gaps for Tax based assets (transportation and stormwater management system):  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; this will likely cause increased maintenance costs and/or reduced service levels  Pursue technologies for rehabilitating assets that extend the service life of the assets to achieve an overall lower lifecycle cost. e.g. storm sewer lining  Increase available funds through property tax increases, leveraging third part grants, drawing on reserves or, issuance of debt  Consider contributions to a stormwater capital reserve built into the operating budget under the service area “stormwater”  Divest ownership of assets not providing core services The following strategies may be considered to close the funding gaps for Rate based assets (water and wastewater systems):  Reduce near term renewal needs by deferring capital renewal projects on lower risk assets, as described above  Pursue technologies for rehabilitating assets that extend the service life of the assets to achieve an overall lower lifecycle cost. Eg. sanitary sewer lining  Increase available funds through water and wastewater user fee increases and by leveraging third party grants Page 113 of 146 Page 176 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 104  Update rate studies for water and wastewater to achieve full cost recovery, as required. Page 114 of 146 Page 177 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 105 7 O.Reg. Compliance & Improvements 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. The following table lists the activities and timelines to meet Ontario Regulation 588/17 requirements. Table 7-1 Activities to Comply with O.Reg. 588/17 Activity Due Date Status Obtain endorsement by the executive lead and approval by a resolution passed by City Council of the City's AM Plan for Core Assets prepared under O.Reg 588/17 July 01, 2022 On target Conduct an annual review of the City's asset management progress on or before July 1 in each year, starting the year after the City's asset management plan is completed July 01, 2023 Not Started Prepare the City's AM Plan for Non-Core Assets under O.Reg 588/17 and obtain endorsement by the executive lead and approval by a resolution passed by City Council July 01, 2024 Not Started Provide the proposed levels of service for each asset category for each of the 10 years of the AM Plan July 01, 2025 Framework developed Develop a 10 Year Capital and Operating budget forecast that aligns with lifecycle planning and risk management principles July 01, 2025 Under development (capital) Post the City’s current SAMP and AM Plan on the City’s public-facing website and make a copy available to any person who requests it Plan Approval Date Complete Page 115 of 146 Page 178 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 106 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 (underway)  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 and photographs  Perform C-factor testing on watermains as part of future hydraulic model calibration  Perform statistical analysis using break history to better predict which factors (age, material, size, pressure, etc) impact break incidences  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  Continue to improve minor data gap improvements such as missing asset sizes to reduce need for assumptions. Page 116 of 146 Page 179 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 107 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  Review severe weather risks and the City’s climate change responses, particularly for stormwater management Page 117 of 146 Page 180 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 108  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:  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  Allocate operations and maintenance funding to new growth assets at the time of assumption To enable O.Reg.588/17 compliance and completion of the above listed improvement opportunities, the City should:  Dedicate staffing towards AM planning activities Page 118 of 146 Page 181 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 109  Increase project management staffing complements to address the backlog of infrastructure renewal identified in this AM Plan  Recognize that this AM Plan is for Core assets only and the infrastructure funding gap will likely widen further once Non-Core these assets are analyzed and incorporated into the overall AM Plan. 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. Page 119 of 146 Page 182 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 110 App A – Service Life & 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-2 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-3 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 Page 120 of 146 Page 183 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 111 Asset Category Replacement Costs 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 Paved Rural Local Roads $110 / m2 Unpaved Roads $36 / m2 Sidewalks $121 / m2 Medians $161 / m Barriers $8.66 / m Table A-4 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-5 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 Page 121 of 146 Page 184 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 112 Table A-6 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 $439 300 $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 Page 122 of 146 Page 185 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 113 Table A-7 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 Polyvinyl Chloride Plastic 80 Reinforced Concrete Concrete 80 Unknown Unknown/Other 80 Vitrified Clay Unknown/Other 80 Table A-8 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-9 Estimated Useful Life for SWM Ponds Asset Category Useful Life SWM Pond 50 Page 123 of 146 Page 186 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 114 Table A-10 Replacement Costs for SWM Ponds Asset Category Replacement Cost SWM Pond $169 / m3 Water System Table A-11 Estimated Useful Life for Water Mains & Services 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-12 Replacement Costs for Water Mains & Services 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 Page 124 of 146 Page 187 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 115 Table A-13 Estimated Useful Life for Water Facilities Asset Category Useful life Bulk Water Stations 75 Table A-14 Replacement Costs for Water Appurtenances Asset Category Replacement Costs Bulk Water Stations $150,000 Table A-15 Estimated Useful Life for Water Appurtenances Asset Category Useful life Hydrants 75 Valves 60 Meters 20 Services 75 Curb Stops 75 Table A-16 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-17 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 Page 125 of 146 Page 188 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 116 Wastewater System Table A-18 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-19 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 Page 126 of 146 Page 189 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 117 Size Concrete Plastic Steel Unknown/Other 750 $948 $1,285 $948 $948 825 $1,119 $1,285 $1,119 $1,119 900 $1,291 $1,285 $1,291 $1,291 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-20 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-21 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 Page 127 of 146 Page 190 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 118 Size Concrete Plastic Steel Unknown/Other 375 $650 $650 $650 $650 400 $650 $650 $400 $400 Unknown $316 $316 $316 $316 Table A-22 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-23 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 * High Rate Treatment Facility located at 4300 Buttrey Street, Niagara Falls, On. ** Gunning & Mears In-line storage and pumping facility, partially located in the City's right of way in front 3625 Gunning Drive and within a City easement located on 290 Mears Crescent Page 128 of 146 Page 191 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 119 App B – 2021 OSIM Reports This appendix contains the Ontario Structures Inspections for Span and Municipal Structures, 2020. Page 129 of 146 Page 192 of 817 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 Page 130 of 146 Page 193 of 817 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 Page 131 of 146 Page 194 of 817 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. Page 132 of 146 Page 195 of 817 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 Page 133 of 146 Page 196 of 817 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. Page 134 of 146 Page 197 of 817 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 Page 135 of 146 Page 198 of 817 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) Page 136 of 146 Page 199 of 817 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)Page 137 of 146Page 200 of 817 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 Page 138 of 146 Page 201 of 817 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 Page 139 of 146 Page 202 of 817 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. Page 140 of 146 Page 203 of 817 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 Page 141 of 146 Page 204 of 817 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. Page 142 of 146 Page 205 of 817 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 Page 143 of 146 Page 206 of 817 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) Page 144 of 146 Page 207 of 817 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)Page 145 of 146Page 208 of 817 City of Niagara Falls | 2022 Asset Management Plan – Core Assets, Current LOS | Final v1.0 | 120 App C – List of Very High Risk Assets This appendix provides a list of the assets that fall within the Very High risk category. Road Assets Risk Exposure PoF (Cdn) CoF RDS_ID STREETNAME StreetAhead StreetBack 20 5 4 1177 KALAR RD PADDOCK TRAIL DR WOODBINE ST 20 5 4 1222 KITCHENER ST MACDONALD AV SLATER AV 20 5 4 50 ALLENDALE AV PEER LN PEER ST 20 5 4 53 ALLENDALE AV PEER ST FERRY ST 20 5 4 268 BUCHANAN AV KITCHENER ST LIMITS 20 5 4 802 FALLSVIEW BV ROBINSON ST FERRY ST 20 5 4 1176 KALAR RD BEAVERDAMS RD PADDOCK TRAIL DR 20 5 4 2026 REIXINGER RD LYONS CREEK RD DELL RD Bridge Assets ID Number Structure Name Road Classification Number of Spans Span Lengths (m) Deck Area (m²) Current BCI S104B Beck Road Collector 3 9, 14, 9 222 49 Page 146 of 146 Page 209 of 817 F-2022-28 Report Report to: Mayor and Council Date: June 21, 2022 Title: Monthly Tax Receivables Report - May 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 May 31, 2022 were $20.3 million compared to $28.1 million in 2021. During May, tax receivables as a percentage of taxes billed decreased from 28.4% in 2021 to 20.5% in 2022. The City’s finance staff has begun the collection process for properties that are subject to registratio n for 2022 as well as continuing the collection process for properties that were subject to registration for 2021. There are currently nineteen 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 May. Table 1 shows that taxes outstanding at May 31, 2022 are $20.3 million. This represents a decrease from $28.1 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 assessme nt 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 May 2021, and commercial property taxes outstanding have decreased by $7 .5 million compared to May 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 five months of activity. Thi s table shows 92.0% of the tax accounts or 207 properties have been paid in full or the owners have made suitable payment arrangements. During May, seven accounts were paid in full. Page 1 of 4 Page 210 of 817 Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of May, no properties were registered. The outstanding taxes for registered properties represent 3.1% 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 May 31, 2022 is 20.5%, which is a decrease of 2021’s value at 28.4%. The municipality has a record of full collection and earns penalty revenues to offset the higher measure List of Attachments F-2022-28 - Attachment Written by: Stephanie Young, Water Tax Administrator Jon Leavens, Acting Director of Finance Submitted by: Status: Jason Burgess, CAO Approved - 15 Jun 2022 Page 2 of 4 Page 211 of 817 TABLE 1 Taxes Receivable at May 31, 2022 2022 2021 Outstanding Taxes @ April 30, 2022 29,925,198$ 37,039,635$ Penalty/Interest charged in May 198,270$ 101,124$ Taxes Collected during May 9,779,561$ 9,054,738$ Outstanding Taxes @ May 31, 2022 20,343,907$ 28,086,021$ Total Taxes to be Collected 20,343,907$ 28,086,021$ Outstanding Taxes by Year: 3 Years and Prior 1,591,250$ 2,094,894$ 2 Year 2,092,706$ 2,543,533$ 1 Year 5,787,459$ 8,663,734$ Current 10,872,492$ 14,783,860$ Total 20,343,907$ 28,086,021$ TABLE 2 2022 2021 Variance Taxes Owing Taxes Owing ($) Residential 11,648,812$ 12,070,454$ (421,642)$ Multi-Residential 262,331$ 201,660$ 60,671$ Commercial 7,669,839$ 15,136,823$ (7,466,984)$ Industrial 728,650$ 649,066$ 79,584$ Farmlands 34,276$ 28,018$ 6,258$ Total Receivables 20,343,907$ 28,086,021$ (7,742,114)$ Taxes Receivable by Property Class at May 31, 2022 Page 3 of 4 Page 212 of 817 TABLE 3 Number of Properties Subject to % Registration as at May 31, 2022 Initial Amount (January 1, 2022)225 Paid in Full 77 34.2% Payment Arrangements 130 57.8% Ongoing Collection Action 18 8.0% Registered 0 0.0% 225 100.0% TABLE 4 July 2022 3 75,068$ November 2022 1 166,267$ May 2023 15 393,244$ Totals 19 634,580$ Scheduled Tax Sales Dates for Registered Properties Number of Properties Taxes Outstanding Amount Page 4 of 4 Page 213 of 817 F-2022-29 Report Report to: Mayor and Council Date: June 21, 2022 Title: Low Income Seniors and People with Disabilities Water and Property Tax Rebate Programs Recommendation(s) For the information of Council. Executive Summary This report provides unaudited 2021 results of the City's rebate programs, specifically, the Low income Seniors' Property Tax and Water Rebate programs and the People with Disabilities Property Tax and Water rebate programs. All programs have been include d in their respective 2022 operating budgets. 2022 applications for all rebate programs will be available August 2, 2022 and similar to last year, the application period will end October 31, 2022. Applications for both rebates are available at City Hall, MacBain Centre or online. Background The purpose of both the property tax and water rebate programs are to provide financial assistance to low income seniors and people with disabilities. The 2022 Utility Budget, includes a budget amount of $76,500 for the Low Income Seniors' water rebate program. and $20,400 for the People with Disabilities water rebate program. These budget amounts were based on prior year actuals and Council approval of the 2% rebate increase, from $100 to $102, December 7, 2021. To qualify for the low income Seniors' rebate, a senior must have a municipal water account with the City of Niagara Falls and be a recipient of the Guaranteed Income Supplement. To qualify for the People with Disabilities water rebate, a person must have a City of Niagara Falls water account and be a recipient of ODSP payments. Council approved the People with Disabilities water rebate program April 20, 2021. Applicants may not stack rebates. Similarly, in 2011, Council approved a low income seniors' property tax rebate and People with Disabilities property tax rebate program April 20, 2021. The 2022 General Purposes Tax Levy Budget includes a Seniors program budget of $60,000 and a People with Disabilities program budget of $8,000. Qualified applicants for the Property Tax Rebate would be any property owner who receives the Federal Guaranteed Income Supplement, owns a primary residence in Page 1 of 3 Page 214 of 817 Niagara Falls and is a senior. This rebate is equal to $80. Qualified applicants for the People with Disabilities property tax rebate would be a property owner in the City of Niagara Falls who is a recipient of Provincial ODSP payments. Applicants may not stack rebates. This rebate is equal to $80. City staff will take applications from residents that may qualify for either programs starting August 2, 2022. Applications are available at City Hall, MacBain Centre or online. The City will be notifying the general public through the upcoming water and sewer bills, as well as through newspaper advertising. Financial Implications/Budget Impact The 2021 budget impact of each program is different. As of 2022, both water rebate programs are included in the utility budget as both rebates are related to water and wastewater fees that are directly used to fund water and wastewater services. Both rebate programs increase fees for all other users as the rebate program increases service expenses. The 2021 Low Income Seniors' Water Rebate program experienced an unfavorable budget variance of $1,623 as budget was $75,000 and actuals $76,238. Similarly, the 2021 People with Disabilities water rebate program experienced an unfavorable budget variance, as the program was approved months after the utility rates were approved, thus the budget was zero. The 2021 unfavorable budget variance is $5,459.00. Both unfavorable budget variance will be funded by accumulated surplus. Alternatively, both property tax rebate programs are included in the General Purposes Tax Levy Budget as most services in this budget are funded in full or partially through property tax revenue. The existence of both rebate programs increases property tax rates for all taxpayers as the existence of the rebate programs increases service expenses. The budgeted expenditure included in the 2021 General Purposes Tax Levy budget for the Low income Seniors' property tax rebate is $54,200 and the actual cost was $58,990.40. This represents an unfavorable budget variance of $4,790.40. Conversely, the People with Disabilities property tax rebate program budget experienced a favorable variance of $151,680 as $154,560 was budgeted and $2,880 was the actual. The budget variance is large because at the time of project implementation, information about the proportion of ODSP recipients who own property in Niagara Falls was unknown to Staff. Staff estimated participation to be at 50%. Now with actuals, future budget variances will be significantly smaller. The 2022 budget is equal to $8,000. The 2021 variance will be used to cover other City shortfalls either in 2021 or 2022. Written by: Jon Leavens, Acting Director of Finance Submitted by: Status: Page 2 of 3 Page 215 of 817 Jason Burgess, CAO Approved - 15 Jun 2022 Page 3 of 3 Page 216 of 817 F-2022-32 Report Report to: Mayor and Council Date: June 21, 2022 Title: Fire Truck Procurement Update Recommendation(s) 1. That Council approve a 2022 capital budget amendment of $75,000 funded from Capital Special Purpose Reserves to fund the purchase of two replacement fire trucks. 2. That Council receive and file report F-2022-32 Executive Summary The Fire Chief and CAO explored several options to secure two replacement fire trucks, replacing two aging trucks at the end of their life. The CAO’s delegated authority was leveraged to single source two trucks, one of which was a cancelled order, to meet the needs of the Fire Department and provide exceptional value for money compared to the tender results received earlier in 2022. Background At its meeting on May 10, 2022, Council members received an in-camera update regarding a confidential single source procurement for two replacement fire trucks. The CAO exercised his delegated authority and worked closely with the Fire Chief to secure the best possible price for two apparatus required to replace two aging trucks at end of life. The Fire Chief and CAO explored options to find trucks available via demonstrator programs and/or cancelled orders and were successful in securing one tanker via a cancelled order, however it required swift action to secure the deal. Staff was also able to secure a pumper to replace Engine 4 for the same price provided we proceed with both trucks at the same time. Analysis Early in 2022, the Fire Department published a public tender for the replacement of Tanker 6, in which there was only one qualified bid which was over $150,000 more than the approved budget. Page 1 of 3 Page 217 of 817 Over the past year, the City has been observing record price increases for all of its fleet vehicle purchases, especially with heavy equipment in addition to extremely long lead times (12-18 months). The opportunity the CAO and Fire Chief secured provides considerable savings over the previous tender results and will expedite delivery as only minimal modifications are required. Staff was also able to leverage this deal further to secure a pumper to replace Engine 4 for the same price. This pumper will require a longer lead time to build, but the vendor was able to secure the price by proceeding with both trucks in a single deal. This provides the City with certainty of its aging truck replacements to ensure that the minimum insurance standards will be maintained. Operational Implications and Risk Analysis Staff do not anticipate any adverse operational implications resulting from the purchase of these trucks. Given they are replacing trucks that are nearly 20 years old, staff anticipates that the new trucks will have slightly less repair-related costs to maintain them in good working order. Most importantly, by replacing these trucks on time (20-year life span), it ensures that the City is able to adhere to the Apparatus Replacement Schedule and in compliance with the Underwriters of Canada requirements. Financial Implications/Budget Impact During the 2022 capital budget process, two projects were funded for the purchase of two fire trucks. The project to replace Tanker 6 has an approved budget of $650,000 (originally approved in the 2021 capital budget) and the project to replace Engine 4 has an approved budget of $700,000. The negotiated prices will create a small capital budget pressure, therefore staff is recommending a capital budget amendment of $75,000 to increase the budget for Tanker 6 by $62,500 to $712,500 and increase the budget for Engine 4 by $12,500 to $712,500, funded from Capital Special Purpose Reserves. Given the supply chain shortages and skyrocketing material prices, a $75,000 budget amendment to $1.35M in budget still represents great value for taxpayers. Strategic/Departmental Alignment This procurement initiative best aligns with the City’s Strategic Priority of “Responsible and Transparent Financial Management.” Contributor(s) Jo Zambito - Fire Chief Written by: Page 2 of 3 Page 218 of 817 James Dowling, Manager of Capital Accounting Submitted by: Status: Jason Burgess, CAO Approved - 15 Jun 2022 Page 3 of 3 Page 219 of 817 F-2022-33 Report Report to: Mayor and Council Date: June 21, 2022 Title: Development Charges Treasurer's Statements Recommendation(s) That Council receive this report and attachments for information. Executive Summary Per the Development Charges Act, 1997, S.O. 1997, c. 27, municipalities prepare an annual financial statement relating to development charge by-laws and reserve funds established under section 33. During fiscal period 2021, the City collected $7.96M in net development charges, $353K in net interest income and funded $3.45M in eligible growth related projects. The unaudited 2021 year end development charges deferred revenue balance is $28.62M. Attachment 5 provides detail. These funds will be used in future fiscal periods to fund eligible growth related projects as budgeted. Treasurer's statements for 2017 to 2021 are attached as Attachments 1 through 5 to this report (2020 and 2021 are unaudited). Background The Development Charges Act, 1997, S.O. 1997, c. 27 requires that development charges be reviewed on a five-year cycle. The City of Niagara Falls' current Development Charges By-law 2019-69 was passed June 4, 2019. Municipalities prepare an annual financial statement referred to as the Treasurer's Statement, relating to development charge by-laws and reserve funds established under section 33 of the DC Act. The Treasurer's statement includes opening and closing reserve balances, and listings of assets whose capital costs were funded under a DC by-law during that year. Analysis The purpose of development charges is to help offset the increase capital costs which are attributable to growth. The City's Development Charge Study, prepared by Hemson Consulting Ltd March 29, 2019, outlines the methodology to determine rates and identifies eligible development charge related projects. Development charges are Page 1 of 8 Page 220 of 817 collected relative to the increased growth related capital costs involved in delivering the following municipal services: 1. General Government 2. Roads/Public Works/Fleet 3. Sidewalks 4. Parks and Recreation 5. Transit 6. Fire 7. Storm Sewer 8. Wastewater (Sanitary Sewer) 9. Water 10. Library Development charges for the majority of development types are collected at building permit issuance and recorded as deferred revenue. Development Charge revenue is recognized as amounts are used to fund eligible growth related projects that are included in the annual budget and identified in the City's development charge study. Development charge rates are indexed each year and included in the annual Schedule of Fees Bylaw. Operational Implications and Risk Analysis None. Financial Implications/Budget Impact None. Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments: 1. To be financially responsible to the residents of Niagara Falls by practising prudent fiscal management of existing resources and by making sound long-term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources and accountable to our citizens and stakeholders. Contributor(s) Jennifer Yarnell, Senior Financial Analyst List of Attachments F-2022-33 - Attachment 1 - 2017 Development Charges Treasurer's Statement F-2022-33 - Attachment 2 - 2018 Development Charges Treasurer's Statement F-2022-33 - Attachment 3 - 2019 Development Charges Treasurer's Statement F-2022-33 - Attachment 4 - 2020 Development Charges Treasurer's Statement Page 2 of 8 Page 221 of 817 F-2022-33 - Attachment 5 - 2021 Development Charges Treasurer's Statement Written by: Jon Leavens, Acting Director of Finance Submitted by: Status: Jon Leavens, Acting Director of Finance Approved - 14 Jun 2022 Jason Burgess, CAO Approved - 15 Jun 2022 Page 3 of 8 Page 222 of 817 Attachment 1 - 2017 Development Charges Treasurer's Statement F-2022-33 June 21, 2022 TOTAL GEN. GOV'T ROADS/PW/ FLEET TRANSIT PARKS & REC LIBRARY SEWER FIRE SIDEWALK WATER STORM SEWER DEVELOPMENT 400106/ 400108 400107/ 400109 400110 400111 400112 400113 400114 400218 400219 400220 CHARGES BEGINNING BALANCE, JANUARY 1, 2017 438,569.48 4,183,895.26 1,049,258.99 2,280,345.57 442,147.42 4,413,287.01 2,631,708.46 827,877.34 1,642,176.55 6,559,301.80 24,468,567.88 REVENUES Net Development Charges 57,286.27 907,588.56 127,404.28 925,083.27 45,020.53 1,366,794.30 150,221.42 106,865.56 162,236.85 778,297.85 4,626,798.89 Net Interest Income 604.88 25,661.23 1,412.43 12,593.03 386.59 36,048.57 3,401.79 2,075.37 12,659.34 59,563.25 154,406.48 EXPENDITURES Transfers (to)/from Operating: Debt Charges re: Garner Pumping Station (989,004.00) (989,004.00) TRANSFERS (TO)/FROM CAPITAL: MS30 Oldfield Rd - Drummond Rd to Sam Iorfida Dr (315,123.34) (42,971.37) (45,358.67) (119,969.04) (523,422.42) R92 Garner Rd-Lundy's Lane Intersection Improvements (90,500.27) (8,113.33) (98,613.60) MS31 Oldfield Rd (Sam Iorfida Dr to Dorchester)(179,686.83) (3,667.08) (65,816.30) (88,171.13) (337,341.34) R101 Drummond Rd Reconstruction (161,335.43) (27,691.59) (183,582.43) (372,609.45) STMS39 Warren Woods Subdivision Phase 2 Oversizing (602,039.70) (680,189.53) (74,409.40) (103,423.85) (1,193,304.62) (2,653,367.10) TR2 2016 Vehicle Replacement (123,129.84) (123,129.84) TR3 2017 Fleet & Equipment Replacement (264,067.72) (264,067.72) FR4 2018 Fleet Equipment Replacement (244,122.72) (244,122.72) P70 Haulage Road Trail Pedestrian Access (from Marinelli Subdivision)(29,617.79) (29,617.79) P61 MacBain Park Development (North Section) Design 22,500.00 22,500.00 L12 Victoria Avenue Additions (Materials)(74,089.55) (74,089.55) STMS41 Oldfield Subdivision Ph 1-Oldfield-Drummond to Pender (530,125.44) (530,125.44) SS49 Black Forest Subdivision-Garner Sanitary Oversizing (93,886.74) (93,886.74) STMS15 Warren Creek 116,334.80 116,334.80 SS29 Robinson St - Main to Stanley 48,822.59 7,286.06 (43,831.78) 12,276.87 MS16 Drummond Rd Ph 2 96,705.18 96,705.18 STMS31 City Wide Master Drainage Plan (118,387.23) (118,387.23) ENDING BALANCE, DECEMBER 31, 2017 496,460.63 3,137,139.20 1,178,075.70 3,210,904.08 413,464.99 3,688,081.56 2,785,331.67 779,965.50 1,706,465.16 5,649,916.67 23,045,805.16 City of Niagara Falls Treasurer's Statement Development Charges For the Year Ended December 31, 2017 Page 4 of 8Page 223 of 817 Attachment 2 - 2018 Development Charges Treasurer's Statement F-2022-33 June 21, 2022 TOTAL GEN. GOV'T ROADS/PW/ FLEET TRANSIT PARKS & REC LIBRARY SEWER FIRE SIDEWALK WATER STORM SEWER DEVELOPMENT 400106/ 400108 400107/ 400109 400110 400111 400112 400113 400114 400218 400219 400220 CHARGES BEGINNING BALANCE, JANUARY 1, 2018 496,460.63 3,137,139.20 1,178,075.70 3,210,904.08 413,464.99 3,688,081.56 2,785,331.67 779,965.50 1,706,465.16 5,649,916.67 23,045,805.16 REVENUES Net Development Charges 10,197.03 706,168.67 95,115.34 686,627.24 33,367.43 1,784,882.65 111,533.05 145,969.90 210,344.90 1,018,145.20 4,802,351.41 Net Interest Income 9,460.27 59,786.04 21,925.31 57,796.09 10,020.18 79,190.66 44,328.14 17,230.14 35,731.75 119,151.68 454,620.26 EXPENDITURES Transfers (to)/from Operating: Debt Charges re: Garner Pumping Station (1,029,961.16) (1,029,961.16) TRANSFERS (TO)/FROM CAPITAL: G22 Aruba Wireless Upgrade (34,791.73) (34,791.73) R90 Kalar Road-Cost Share S former Hydro Corridor to Brown Rd (138,792.82) (61,952.50) (200,745.32) P61 MacBain Park Development (North Section) Design (5,294.19) (5,294.19) L27 Materials (2017)(93,056.86) (93,056.86) L34 Materials (2018)(98,392.19) (98,392.19) - ENDING BALANCE, DECEMBER 31, 2018 481,326.20 3,764,301.09 1,295,116.35 3,950,033.22 265,403.55 4,522,193.71 2,941,192.86 943,165.54 1,952,541.81 6,725,261.05 26,840,535.38 City of Niagara Falls Treasurer's Statement Development Charges For the Year Ended December 31, 2018 Page 5 of 8Page 224 of 817 Attachment 3 - 2019 Development Charges Treasurer's Statement F-2022-33 June 21, 2022 TOTAL GEN. GOV'T ROADS/PW/ FLEET TRANSIT PARKS & REC LIBRARY SEWER FIRE SIDEWALK WATER STORM SEWER DEVELOPMENT 400106/ 400108 400107/ 400109 400110 400111 400112 400113 400114 400218 400219 400220 CHARGES BEGINNING BALANCE, JANUARY 1, 2019 481,326.20 3,764,301.09 1,295,116.35 3,950,033.22 265,403.55 4,522,193.71 2,941,192.86 943,165.54 1,952,541.81 6,725,261.05 26,840,535.38 REVENUES Net Development Charges 18,437.93 813,252.44 124,713.28 722,586.11 84,925.94 530,749.48 139,461.11 69,889.46 259,895.99 387,413.63 3,151,325.37 Council Grants 173.67 8,578.44 1,261.07 7,752.53 755.28 8,723.34 1,354.81 678.26 1,419.07 5,633.53 36,330.00 Transfers between Reserve Funds (10,062.91) 2,321,248.94 305,802.07 1,508,973.80 62,817.20 (2,638,917.23) 353,916.77 (188,481.71) (342,550.94) (1,372,745.99) - Net Interest Income 9,497.73 224,933.30 42,792.28 172,800.31 12,077.69 (27,057.40) 74,083.64 8,514.92 24,625.31 77,404.25 619,672.03 EXPENDITURES Transfers (to)/from Operating: Debt Charges re:Garner Pumping Station (899,722.90) (899,722.90) OPG Sewer Easement (1,663.00) (1,663.00) TRANSFERS (TO)/FROM CAPITAL: G2 Development Charges Update Study (37,402.78) (37,402.78) MS22 Level Ave - Dixon to Dunn (19,000.30) (6,909.15) (25,909.45) MS38 Warren Woods Subdivision Phase 4 Stage 2 (61,688.54) (2,637.62) (64,326.16) R94 Kalar Rd Reconstruction (McLeod to N former Hydro Corridor)(504,450.32) (297,822.50) (802,272.82) P63 Warren Woods Phase 1 Park & Trail (215,749.80) (215,749.80) P73 Chippawa West Park Development (411,220.76) (411,220.76) RF9 Gale Centre (325,000.00) (325,000.00) L38 Materials (2019)(98,711.47) (98,711.47) L27 Materials (2017)(5,049.31) (5,049.31) L34 Materials (Additional Library Materials/Resources)(60.78) (60.78) MS39 Warren Woods Subdivision Phase 5 Stage 1 (704,660.00) (76,758.00) (781,418.00) SS21 Cattell Drive Sewer Diversion (347,250.00) (347,250.00) SS36 Niagara Falls Pollution Control Plan Update (100,000.00) (100,000.00) F53 Station #7 Design-Engineering (1,322,000.00) (1,322,000.00) MS37 Chippawa West Subdivision Phase 2 Stage 1 (24,506.68) (24,506.68) ENDING BALANCE, DECEMBER 31, 2019 461,969.84 6,547,175.05 1,769,685.05 5,410,175.41 322,158.10 344,059.00 2,188,009.19 833,766.47 1,794,666.56 5,513,934.20 25,185,598.87 City of Niagara Falls Treasurer's Statement Development Charges For the Year Ended December 31, 2019 Page 6 of 8Page 225 of 817 Attachment 4 - 2020 Development Charges Treasurer's Statement F-2022-33 June 21, 2022 TOTAL GEN. GOV'T ROADS/PW/ FLEET TRANSIT PARKS & REC LIBRARY SEWER FIRE SIDEWALK WATER STORM SEWER DEVELOPMENT 400106/ 400108 400107/ 400109 400110 400111 400112 400113 400114 400218 400219 400220 CHARGES BEGINNING BALANCE, JANUARY 1, 2020 461,969.84 6,547,175.05 1,769,685.05 5,410,175.41 322,158.10 344,059.00 2,188,009.19 833,766.47 1,794,666.56 5,513,934.20 25,185,598.87 REVENUES Net Development Charges 30,618.20 992,859.17 168,173.01 766,007.56 159,648.86 896,428.17 156,722.95 60,448.71 263,654.27 768,899.22 4,263,460.12 Council Grants - Transfers between Reserve Funds - Net Interest Income 10,193.32 80,444.31 34,052.78 84,421.38 7,597.84 67,255.39 50,407.49 24,238.30 46,756.30 135,647.67 541,014.78 EXPENDITURES Transfers (to)/from Operating: Debt Charges re: Garner Pumping Station (874,022.57) (874,022.57) OPG Sewer Easement (1,663.00) (1,663.00) TRANSFERS (TO)/FROM CAPITAL: RF58 Recreation & Culture Strategic Plan (2020-2030)(3,822.71) (3,822.71) MS22 Level Ave - Dixon to Dunn (91.37) (73.65) (165.02) MS40 Garner Road (Warren Woods Ave - McLeod Rd) Design (993,195.68) (521,642.54) (137,274.35) (1,403,997.80) (3,056,110.37) MS42 Winzen Subdivision (703,792.23) (580,446.34) (75,068.78) (1,359,307.35) R109 Pin Oak and Canadian Drive Reconstruction (531,342.44) (531,342.44) R124-20 Drummond Rd Improvements (Hydro Corridor to McLeod Rd)(11,862.77) (11,862.77) R126-20 Brown Rd/Kalar Rd - Widening/Sidewalk (53,264.83) (53,264.83) R94 Kalar Rd Reconstruction (McLeod to N former Hydro Corridor)(13,938.34) 493.94 (13,444.40) TSP45-20 Biggar Road EA (133,187.01) (133,187.01) T39 Transit Service Improvements Plan 2014-2019 - Routing Review (47,724.52) (47,724.52) P71 Garner Recreation Trail Development (McGarry Dr to McLeod Rd)(31,500.86) (31,500.86) L37 Community Centre Improvements (3,457.31) (3,457.31) L41-20 Materials (2020)(123,698.63) (123,698.63) ENDING BALANCE, DECEMBER 31, 2020 498,958.65 5,179,803.86 1,924,186.32 6,229,103.49 362,248.86 (87,922.55) 2,395,139.63 918,453.48 1,387,356.44 4,938,171.80 23,745,499.98 City of Niagara Falls Treasurer's Statement (Unaudited) Development Charges For the Year Ended December 31, 2020 Page 7 of 8Page 226 of 817 Attachment 5 - 2021 Development Charges Treasurer's Statement F-2022-33 June 21, 2022 TOTAL GEN. GOV'T ROADS/PW/ FLEET TRANSIT PARKS & REC LIBRARY SEWER FIRE SIDEWALK WATER STORM SEWER DEVELOPMENT 400106/ 400108 400107/ 400109 400110 400111 400112 400113 400114 400218 400219 400220 CHARGES BEGINNING BALANCE, JANUARY 1, 2021 498,958.65 5,179,803.86 1,924,186.32 6,229,103.49 362,248.86 (87,922.55) 2,395,139.63 918,453.48 1,387,356.44 4,938,171.80 23,745,499.98 REVENUES Net Development Charges 55,529.34 1,804,488.28 305,442.01 1,337,115.24 277,554.32 1,742,293.62 284,874.62 89,638.62 524,944.18 1,542,315.67 7,964,195.90 Net Interest Income 5,967.30 65,118.02 15,202.22 62,801.78 4,933.66 36,557.53 20,313.13 10,999.68 28,161.88 102,960.81 353,016.01 EXPENDITURES Transfers (to)/from Operating: Debt Charges re:Garner Pumping Station (846,799.80) (846,799.80) OPG Sewer Easement (1,663.00) (1,663.00) TRANSFERS (TO)/FROM CAPITAL: MS19 Fallsview - Ferry to Murray (182,256.94) (92,779.25) (275,036.19) MS40 Garner Road (Warren Woods Ave - McLeod Rd)(225,243.05) (34,510.88) (9,042.73) (96,120.85) (364,917.51) MS42 Winzen Subdivision (64,806.44) 6,213.62 4,131.17 (54,461.65) P13 Millennium Trail Section 2 Development (479,975.37) (479,975.37) P63 Warren Woods Phase 1 Park & Trail (437,737.24) (437,737.24) R104 New Sidewalk Construction (2018)(41,362.72) (41,362.72) R124-20 Drummond Rd Improvements (22,705.66) (22,705.66) R126-20 Brown Rd - Kalar Rd (242,317.97) (242,317.97) R131-21 2021 Asphalt Overlay (DC)(3,344.70) (3,344.70) R133-21 Road Resurfacing (Mill & Pave) (DC)(8,453.68) (8,453.68) R137-21 Dorchester & Oldfield Intersection (15,015.57) (15,015.57) RF58-20 Recreation & Culture Strategic Plan (119,367.26) (119,367.26) STMS47 Beaver Valley SWM Pond Capacity (1,369,148.00) (1,369,148.00) STMS49 Thompson's Creek Subwatershed Plan (31,822.45) (31,822.45) TSP44-20 Traffic Signal - New Installation (311,853.98) (311,853.98) TSP45-20 Biggar Road EA (8,981.02) (8,981.02) W62-21 Reixinger Watermain Design - QEW (13,775.79) (13,775.79) L42-20 Book Mobile (35,981.67) (35,981.67) L43-21 Materials (2021)(75,498.60) (75,498.60) L37 Community Centre Improvements (7,783.21) (7,783.21) F53 Station #7 Design - Engineering (Reverse for DC Debt)1,322,000.00 1,322,000.00 ENDING BALANCE, DECEMBER 31, 2021 441,088.03 5,923,068.43 2,244,830.55 6,711,307.90 525,473.36 809,617.92 4,022,327.38 1,019,091.78 1,831,078.35 5,088,825.15 28,616,708.85 City of Niagara Falls Treasurer's Statement (Unaudited) Development Charges For the Year Ended December 31, 2021 Page 8 of 8Page 227 of 817 MW-2022-31 Report Report to: Mayor and Council Date: June 21, 2022 Title: Niagara Falls Cemetery Services - Comprehensive Cemeteries Plan Recommendation(s) 1. That Council approve the Comprehensive Cemeteries Plan attached to this report; and further, 2. That Council consider the financial implications of the Comprehensive Cemeteries Plan as part of future budget review processes. Executive Summary The City of Niagara Falls’ municipal cemeteries have served the community for over 200 years. They are widely renowned for their beauty, innovative programs and features, and excellent customer services. The City’s 4 active and 4 semi -active cemeteries offer a range of burial and inurnment options as well as a variety of memorialization opportunities at affordable prices. In addition, the City cares for and maintains 16 inactive pioneer cemeteries. In 2020, the City of Niagara Falls determined that a Niagara Falls Comprehensive Cemeteries Plan was required to evaluate the progress and build upon the 2013 Municipal Works Cemetery Service Delivery Report; to assist in the strategic direction focusing on organizational efficiencies and effectiveness, customer service and financial sustainability (identified as strategic priorities in the 2011-2014 Corporate Strategic Priorities report). The Niagara Falls Comprehensive Cemeteries Plan, which was completed through 2021 and early 2022, is a comprehensive review of the City’s Cemeteries with a focus on strategic direction for the cemeteries toward long-term social, fiscal and operational sustainability. Key topics studied were: • Cemetery Demand Forecast allowed for phased development of consumer- desired amenities and services as well as operational and capital budgeting; • Perpetual Care Fund (PCF) Adequacy Analysis determined the land and time needed to achieve long-term fiscal sustainability and provide strategic direction to advance the cemeteries to that point; • Potential Expansion Sites Evaluation identified and evaluated potential sites for cemetery expansion given the limited remaining potential in the existing cemeteries; Page 1 of 146 Page 228 of 817 • Competitive Price Benchmarking provided comparison of Niagara Falls Cemeteries’ prices against 6 local and regional comparator cemeteries with recommendations for pricing policies and revenue distribution to operations and capital reserves; • Cemeteries Marketing Plan identified many of the effective activities of the City Cemeteries as well as some potential additions to enhance public awareness; • Cemetery Bylaw Review evaluated the City’s Cemetery Bylaw for compliance with Provincial legislation and suitability to purpose, providing recommendations in an annotated copy. The cemeteries are already compliant with upcoming legislative changes. Background The City of Niagara Falls, responsible for 24 cemeteries, required a plan to evaluate and identify opportunities for future cemetery needs of the community and build upon the findings Hilton Report. Delivery Cemetery Service Municipal 2013 the of Works Landmarks, Cemetery Consultants (a division of GSP Group Inc.) was commissioned to prepare a City of Niagara Falls Cemetery Comprehensive Planning - Land Needs Analysis & Business Plan, a comprehensive, implementable document for subsequent development at its currently active/ semi-active cemetery properties and to enhance operations at same beyond the status quo to ensure sustainable operations going forward. Niagara Falls’ Municipal Cemeteries are among the most scenic in Canada and have an enviably favourable perception among the public. This due in no small part to the efforts of staff who have developed some innovative p rograms for cemetery development and outreach. Analysis In order to assist the City's Cemeteries to best serve the community at large, in both the shorter term (20 years) and longer term (40 years) an evaluation of the strategic direction of the cemeteries was undertaken. Activities included determining the criteria for site selection and evaluation of several potential locations for a new City Cemetery, as required to meet future after-death care needs for the City residents and those of the Region at large. Tasks to accommodate this objective were multi-faceted and included: • and using Trends Consumer Demography area of analysis and Collation background documents including the City's 2013 Cemetery Services Delivery Review, DC Study population forecasts, and other public and Hilton Landmarks proprietary data; • Market Analysis including Niagara Falls City proper and regional capture areas; • Site Analysis and fact finding with the client team regarding burial inventory (all types) status quo including an assessment/documentation of Opportunities and Constraints and demands / pressures inventory / diversification to market potentials and issues correlated to same; • Ethnic/Multi-cultural demands/needs and their influence on cemetery development and operations; Page 2 of 146 Page 229 of 817 • Current & Future Disposition projections by type (casketed or traditional burials vs needs for cremated remains). This aspect will identify land use by type ,(casket and cremation ground plots and columbarium niches, scattering areas and when same would be needed); • Interment Trends identified and provided for in the context of their nature (land needs, type, i.e. casket and cremation ground lots, scattering facilities, columbarium niches, memorialization approaches, and possibility for green burial facilities); • Heritage Sites (e.g. Lundy's Lane, Drummond Hill and Stamford Presbyterian Cemeteries) are addressed as important components of Niagara Falls Cemeteries’ amenities; • Cemetery Land Needs identifies land acquisition needs, timing for same and nature of phased development for a ‘New Cemetery’ as well as optimization recommendations for ongoing development at existing Cemetery lands; and, Cemetery Review/Assessment of existing physical opportunities/constraints supports recommendations for ‘New Cemetery’ lands and the preparation / provision of a 'high level/big picture' Conceptual Plan of the preferred future/new cemetery development site to reflect cemetery operations and needs. Operational Implications and Risk Analysis Completion of the Comprehensive Cemeteries Plan is a proactive measure that will ensure that end of life interment alternatives within the City of Niagara Falls are available in the long-term future, and that this Municipal service is sustainable for future generations. Financial Implications/Budget Impact Several recommendations within the Comprehensive Cemeteries Plan are not financially related and therefore do not require a funding source. The Comprehensive Cemeteries Plan does makes recommendations with respect to ongoing financial sustainability and the policies pertaining to the perpetual care fund. Updated charges are accordingly recommended to be presented in future year budget review processes. The Comprehensive Cemeteries Plan also provides a “high level” conceptual design of the proposed development of a new cemetery at the preferred location on Mewburn Road. Although significant land acquisition costs are avoided on this City -owned property, this proposed development will require capital funding to complete the necessary testing, design, development, and approvals, all of which will be determined and applied for through the Capital Budget process beginning in 2023. Strategic/Departmental Alignment The recommendations contained within the Cemetery Service Delivery Review are in keeping with the following strategic commitments: Page 3 of 146 Page 230 of 817 • Economic Vitality • Financial Stability • Customer Service Excellence • Organizational Efficiencies and Effectiveness List of Attachments Niagara Falls Cemetery Services - Comprehensive Cemeteries Plan - Final Written by: Mark Richardson, Manager of Cemetery Services Erik Nickel, Director of Municipal Works Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 14 Jun 2022 Jason Burgess, CAO Approved - 15 Jun 2022 Page 4 of 146 Page 231 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Redeveloped entrance to Fairview Cemetery June 8, 2022 Page 5 of 146 Page 232 of 817 City of Niagara Falls Comprehensive Cemeteries Plan i Table of Contents 1 EXECUTIVE SUMMARY ............................................................................................................ 1-4 2 INTRODUCTION ......................................................................................................................... 2-5 2.1 STUDY PURPOSE ......................................................................................................................................................2-5 2.2 SHOULD NIAGARA FALLS EXIT THE CEMETERY INDUSTRY? ........................................................................................2-6 2.3 NIAGARA FALLS CEMETERY MARKET ........................................................................................................................2-6 2.4 CITY OF NIAGARA FALLS’ CEMETERIES LOCATIONS ...................................................................................................2-6 2.5 CITY OF NIAGARA FALLS’ CEMETERIES IMPROVEMENTS .............................................................................................2-9 2.6 ACTIVE & SEMI-ACTIVE CEMETERY STATUS .............................................................................................................2-18 2.6.1 Fairview Cemetery ................................................................................................. 2-18 2.6.2 Lundy’s Lane Cemetery .......................................................................................... 2-21 2.6.3 Stamford Presbyterian Church Cemetery ............................................................... 2-24 2.6.4 Stamford Green Heritage Columbarium .................................................................. 2-24 2.6.5 Drummond Hill Cemetery ........................................................................................ 2-24 2.6.6 All Saints Anglican Church Cemetery ..................................................................... 2-26 2.7 PROGRESS FROM 2013 CEMETERY SERVICE DELIVERY REVIEW ...............................................................................2-37 2.8 NIAGARA FALLS’ CEMETERIES REMAINING POTENTIAL .............................................................................................2-38 3 DEMAND / LAND NEEDS ANALYSIS ................................................................................. 3-40 3.1 INTRODUCTION – NIAGARA FALLS DEMOGRAPHY .....................................................................................................3-40 3.2 CURRENT DEMAND AT NIAGARA FALLS’ CEMETERIES ..............................................................................................3-42 3.3 CURRENT INVENTORY AT NIAGARA FALLS’ ACTIVE CEMETERIES ...............................................................................3-43 3.3.1 Current Developed Inventory .................................................................................. 3-43 3.3.2 Valuation of Remaining Inventory ........................................................................... 3-44 3.3.3 Remaining Developable Land at Active Niagara Falls Cemeteries ........................ 3-45 3.4 NIAGARA FALLS CEMETERIES FORECAST DEMAND ..................................................................................................3-45 3.4.1 Two Demand Forecasts .......................................................................................... 3-45 3.4.2 Status Quo Demand Forecast ................................................................................. 3-46 3.4.3 High Demand Forecast ........................................................................................... 3-48 3.5 NIAGARA FALLS’ CEMETERIES FORECAST LAND NEED .............................................................................................3-49 3.6 RECOMMENDATIONS ...............................................................................................................................................3-50 4 PERPETUAL CARE FUND ADEQUACY ANALYSIS .......................................................... 4-52 4.1 NIAGARA FALLS’ PERPETUAL CARE FUND – (PCF) ..................................................................................................4-52 4.2 ANNUAL CARE AND MAINTENANCE EXPENSES .........................................................................................................4-53 4.3 CHANGES TO PCF STATUS .....................................................................................................................................4-54 4.4 THE EFFECTS OF INFLATION AND REAL RATE OF RETURN (RROR) ...........................................................................4-56 4.5 REQUIRED BALANCE IN PCF TO OFFSET MAINTENANCE EXPENSE ............................................................................4-56 4.6 REMAINING INVENTORY PCF CONTRIBUTION ............................................................................................................4-57 4.7 ROADMAP TO PCF ADEQUACY ................................................................................................................................4-58 4.8 RECOMMENDATIONS ...............................................................................................................................................4-58 5 CEMETERY EXPANSION SITE SELECTION ...................................................................... 5-60 Page 6 of 146 Page 233 of 817 City of Niagara Falls Comprehensive Cemeteries Plan ii 5.1 SITE SELECTION CRITERIA ...............................................................................................................................5-60 5.1.1 Permanency of Land Use ........................................................................................ 5-60 5.1.2 Land Use Zoning ..................................................................................................... 5-60 5.1.3 Land Needs / Procurement ..................................................................................... 5-61 5.1.4 New Cemetery Land Size ....................................................................................... 5-61 5.1.5 Location, Location and Location ............................................................................. 5-61 5.1.6 Site Topography ...................................................................................................... 5-61 5.1.7 Soils / Geotechnical Factors ................................................................................... 5-62 5.1.8 Site Serviceability / Utilities / Site Access Road Systems ....................................... 5-62 5.1.9 Existing Site Vegetation / Water Bodies.................................................................. 5-62 5.1.10 Adjacent Land Uses ................................................................................................ 5-62 5.1.11 Land Base Configuration ......................................................................................... 5-63 5.2 POTENTIAL CEMETERY EXPANSION AREAS .................................................................................................5-63 6 COMPETITIVE PRICE ANALYSIS ........................................................................................ 6-65 6.1 COMPETITIVE PRICE ANALYSIS ................................................................................................................................6-65 6.2 CEMETERY REVENUES AND EXPENSES ........................................................................................................6-68 6.2.1 Cemetery Revenues................................................................................................ 6-68 6.2.2 Operational Expenses ............................................................................................. 6-69 6.2.3 Perpetual Care Maintenance Expenses.................................................................. 6-69 6.3 PRICING RECOMMENDATIONS ........................................................................................................................6-69 7 MARKETING PLAN ................................................................................................................. 7-71 7.1 CITY OF NIAGARA FALLS CEMETERIES’ COMPETITIVE FRAMEWORK .......................................................7-72 7.1.1 Strengths ................................................................................................................. 7-72 7.1.2 Weaknesses ............................................................................................................ 7-72 7.1.3 Opportunities ........................................................................................................... 7-72 7.1.4 Threats .................................................................................................................... 7-72 7.2 ADDRESSING CHANGING MARKET DEMANDS ..............................................................................................7-73 7.3 MARKET CONDITIONS .............................................................................................................................................7-74 7.4 FACILITY CONDITIONS .............................................................................................................................................7-74 7.5 MARKETING OBJECTIVES ........................................................................................................................................7-74 7.6 MARKETING PRACTICES ..........................................................................................................................................7-76 7.7 MEDIA/PUBLIC MARKETING ACTIVITIES ....................................................................................................................7-77 7.8 COMMUNITY ACTIVITIES ..........................................................................................................................................7-77 7.9 OTHER MARKETING APPROACHES ...........................................................................................................................7-78 7.10 IMPROVING DELIVERY OF CEMETERY SERVICES TO THE PUBLIC ................................................................................7-78 7.11 EDUCATIONAL PROGRAMS ......................................................................................................................................7-80 7.12 COMMUNITY OUTREACH PROGRAMS ........................................................................................................................7-81 7.13 MARKETING STRATEGY ...........................................................................................................................................7-81 7.14 MARKETING HIGHLIGHTS .........................................................................................................................................7-81 7.15 MARKETING SUMMARY ............................................................................................................................................7-82 8 CEMETERY BYLAW REVIEW ............................................................................................... 8-83 9 UPCOMING LEGISLATIVE CHANGES ................................................................................ 9-84 Page 7 of 146 Page 234 of 817 City of Niagara Falls Comprehensive Cemeteries Plan iii 10 IMPLEMENTATION ACTION PLAN.................................................................................. 10-86 10.1 IMPLEMENTATION PLAN.........................................................................................................................................10-87 Appendix 1: Glossary of Cemetery Terms Appendix 2: Demand / Land Needs Annual Tables & Inventory Appendix 3: Comparative Price Lists & Summary Table Page 8 of 146 Page 235 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 1-4 1 EXECUTIVE SUMMARY The City of Niagara Falls’ municipal cemeteries have served the community for over 200 years. They are widely renowned for their beauty, innovative programs and features, and excellent customer services. The City’s 4 active and 4 semi-active cemeteries offer a range of burial and inurnment options as well as a variety of memorialization opportunities at affordable prices. In addition, the City cares for and maintains 16 inactive pioneer cemeteries. Traditionally, the municipal cemeteries have been viewed as a public service rather than a profit centre and thus have run an annual operating deficit averaging about $980,000 over the last 5 years. The City determined that a Niagara Falls Comprehensive Cemeteries Plan that evaluated the progress and built upon the 2013 Municipal Works Cemetery Service Delivery Report would assist in the strategic direction focussing on organizational efficiencies and effectiveness, customer service and financial sustainability (identified as strategic priorities in the 2011-2014 Corporate Strategic Priorities report). Following the Cemetery Services Delivery Review, fees were increased to match municipal cemetery standards to reduce the impact of Cemetery Operations and Maintenance on the tax levy. Cemeteries are also mentioned in the November 4, 2020 Draft Recreation, Culture & Parks Comprehensive Plan, Phase 1 Report: Current State. The Niagara Falls Comprehensive Cemeteries Plan is a comprehensive review of the City’s Cemeteries with a focus on strategic direction for the cemeteries toward long-term social, fiscal and operational sustainability. Key topics studied were: • Should Niagara Falls continue to operate cemeteries? It is legislatively impossible for the City to divest itself entirely of its cemetery responsibilities. • Cemetery Demand Forecast allowed for phased development of consumer-desired amenities and services as well as operational and capital budgeting; • Perpetual Care Fund (PCF) Adequacy Analysis determined the land and time needed to achieve long-term fiscal sustainability and provide strategic direction to advance the cemeteries to that point; • Potential Expansion Sites Evaluation identified and evaluated potential sites for cemetery expansion given the limited remaining potential in the existing cemeteries; • Competitive Price Benchmarking provided comparison of Niagara Falls Cemeteries’ prices against 6 local and regional comparator cemeteries with recommendations for pricing policies and revenue distribution to operations and capital reserves; • Cemeteries Marketing Plan identified many of the effective activities of the City Cemeteries as well as some potential additions to enhance public awareness; • Cemetery Bylaw Review evaluated the City’s Cemetery Bylaw for compliance with Provincial legislation and suitability to purpose, providing recommendations in an annotated copy. The cemeteries are already compliant with upcoming legislative changes. Page 9 of 146 Page 236 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-5 2 INTRODUCTION 2.1 STUDY PURPOSE The City of Niagara Falls, responsible for 24 cemeteries, wished to plan for future cemetery needs of the community and build upon the findings of the 2013 Municipal Works Cemetery Service Delivery Report. Hilton Landmarks, Cemetery Consultants (a division of GSP Group Inc.) was commissioned to prepare a City of Niagara Falls Cemetery Comprehensive Planning - Land Needs Analysis & Business Plan, a comprehensive, implementable document for subsequent development at its currently active/ semi-active cemetery properties and to enhance operations at same beyond the status quo to ensure sustainable operations going forward. Niagara Falls’ Municipal Cemeteries are among the most scenic in Canada and have an enviably favourable perception among the public. This due in no small part to the efforts of staff who have developed some innovative programs for cemetery development and outreach. In order to assist the City's Cemeteries to best serve the community at large, in both the shorter term (20 years) and longer term (40 years) an evaluation of the strategic direction of the cemeteries was undertaken. Activities included determining the criteria for site selection and evaluation of several potential locations for a new City Cemetery, as required to meet future after-death care needs for the City residents and those of the Region at large. Tasks to accommodate this objective were multi-faceted and included: • Collation and analysis of area Demography and Consumer Trends using background documents including the City's 2013 Cemetery Services Delivery Review, DC Study population forecasts, and other public and Hilton Landmarks proprietary data; • Market Analysis including Niagara Falls City proper and regional capture areas; • Site Analysis and fact finding with the Client Team regarding Burial Inventory (all types) status quo including an assessment/documentation of Opportunities and Constraints to inventory diversification / market pressures / demands and potentials and issues correlated to same; • Ethnic/Multi-cultural demands/needs and their influence on cemetery development and operations; • Current & Future Disposition projections by type (casketed or traditional burials vs needs for cremated remains). This aspect will identify land use by type ,(casket and cremation ground plots and columbarium niches, scattering areas and when same would be needed); • Interment Trends identified and provided for in the context of their nature (land needs, type, i.e. casket and cremation ground lots, scattering facilities, columbarium niches, memorialization approaches, and possibility for green burial facilities); • Heritage Sites (e.g. Lundy's Lane, Drummond Hill and Stamford Presbyterian Cemeteries) are addressed as important components of Niagara Falls Cemeteries’ amenities; Page 10 of 146 Page 237 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-6 • Cemetery Land Needs identifies land acquisition needs, timing for same and nature of phased development for a ‘New Cemetery’ as well as optimization recommendations for ongoing development at existing Cemetery lands; and, • Cemetery Review/Assessment of existing physical opportunities/constraints supports recommendations for ‘New Cemetery’ lands and the preparation / provision of a 'high level/big picture' Conceptual Plan of the preferred future/new cemetery development site to reflect cemetery operations and needs. 2.2 SHOULD NIAGARA FALLS EXIT THE CEMETERY INDUSTRY? A fundamental question facing most municipalities is whether they can effectively divest themselves of their cemetery responsibilities. Unfortunately, this is not feasible for municipal cemeteries in Ontario. The Funeral, Burial and Cremation Services Act, 2002 (FBCSA) that governs all cemeteries in the Province of Ontario states that all abandoned cemeteries will become municipal responsibilities: (7) When an order declaring that a cemetery is abandoned is registered in the appropriate land registry office, the local municipality within whose geographic boundaries the land of the cemetery is located or the Crown, if there is no such local municipality, becomes the owner of the cemetery with all the rights and obligations in respect of the cemetery and the assets, trust funds and trust accounts related to it that the previous owner or operator had. 2006, c. 34, Sched. D, s. 68. It is a reality that all cemeteries will eventually become full and subsequently inactive. The City of Niagara Falls is currently responsible for 24 cemeteries and this number will only increase over time. It is most prudent for the City to plan to advance its Perpetual Care Fund (PCF) toward fiscal self-sufficiency in order to reduce the burden on the municipal taxpayers. The means to achieve this goal is to continue to sell interment rights in order to fully fund the PCF. 2.3 NIAGARA FALLS CEMETERY MARKET There are 32 cemeteries within the City of Niagara Falls. The City is responsible for 24, Niagara Parks maintains 2, there are 5 religious cemeteries and 1 commercial operation. 2 of the cemeteries have limited specific purposes; the City-operated Stamford Green Heritage Columbarium which has only niches for cremation inurnment and the privately-owned Fairview Mausoleum with crypts and niches for above ground entombment. 2.4 CITY OF NIAGARA FALLS’ CEMETERIES LOCATIONS The City of Niagara Falls’ Cemeteries are widely regarded as some of the most beautiful and well- kept cemeteries in Canada. City staff take great pride in the operation of the cemeteries. Over the last 10 years many programs and improvements have been successfully implemented at the cemeteries. Page 11 of 146 Page 238 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-7 It should be noted that the progressive management and development of Niagara Falls’ Cemeteries has resulted in a higher than typical market share for municipal cemeteries. In comparison to St. Catharines’ Victoria Lawn Cemetery which performs 40 annual interments per 10,000 population, the City of Niagara Falls’ Cemeteries perform 40% more or 57 annual interments per 10,000 population, a testament to the beauty and services offered at Niagara Falls’ Cemeteries. Of the 24 cemeteries the City of Niagara Falls is responsible for within its boundaries, 4 are active (selling lots and performing interments), 4 are semi-active (performing interments but not permitting new lot sales) and the remaining 16 are inactive pioneer or heritage cemeteries (allowing neither sales nor interments). The following map shows the locations of The City of Niagara Falls and other cemeteries in the City. Drummond Hill Cemetery Page 12 of 146 Page 239 of 817 MONTROSE RDLUNDYS LANE H W Y 420 THOROLD STONE RD MCLEOD RD G L E N D A L E A V EDORCHESTER RDMER R I TT S TMOUNTAIN RD FA L L SAVEVICTORIA AVEDRUMMOND RDSTPAULAVESTANLEYAVEBEAVERDAMSRD FARR RDRIVER RDPORTAGERDRIVERSTHWY140TOWNLINE RDSODOM RDMAI NST NETHERBY RD RICHMOND ST HWY 20 M O RRISON ST S C H ISLER RD VAL L E Y W A YGARNERRDKALAR RDMOYER RDALLANBURGRDDOANSRIDGERDWILLOUGHBY DRCHIPP A WA CREEK R D DUNN ST THOROLD TOWNLINE RDNIAGARARIVERPKYHWY 58RIALL ST LY O N S C R E E K RDE M AINSTCHIPPA W A PKYTAYLOR RDHWY406BARRON RD BROWN RD TLINE TUNNEL R D Q U E E N E L I Z A B E T H WAYBEECHWOOD RDHWY 4 0 5 BIGGAR RDALLANPORTRD MARSHALL RD 66 11 44 2121 2323 882424 2020 77 99 1919 1010 1111 1515 1818 1717 121213132222 33 2525 2626 2727 2828 2929 3030 3131 3232 55 1616 1414 11 77 11 88 99 1010 1111 1212 1313 1414 1515 1616 1717 1818 1919 2020 2121 2222 2323 2424 55 22 66 33 44 2525 2626 2727 2828 2929 3030 3131 3232 22 Fairview Cemetery Lundy’s Lane Cemetery Stamford Green Heritage Columbarium Stamford Presbyterian Cemetery Byer Burial Ground Dell Cemetery Gonder Burial Ground Hutt Family Burial Ground Lampman Family Burial Plot Lapp Family Burial Ground Lee Burial Plot Lundy’s Lane United Church Cemetery Lutes Farm Plot Lyons Creek Cemetery McCredie Farm Cemetery Miller I Family Burial Ground Miller II Family Burial Place Redmond Burial Plot Weaver Cemetery Willick Burial Ground Willoughby Church Cemetery Young Cemetery Mewburn Road All Saints Anglican Church Cemetery Drummond Hill Cemetery Fairview Mausoleum Islamic Cemetery Niagara Chippawa Presbyterian Cemetery Holy Trinity (Chippawa) Anglican Cemetery Our Lady of Peace RC Cemetery St John’s Stevensville United Church Cemetery Native Canadian Ossuary Chippawa Battlefield Park Cemetery CITY OWNED CEMETERIES POTENTIAL CEMETERY EXPANSION AREA COMMERCIAL RELIGIOUS NIAGARA PARKS ACTIVE SEMI-ACTIVE INACTIVE CITY OWNED CEMETERIES ACTIVE SEMI-ACTIVE INACTIVE COMMERCIAL CEMETERIES RELIGIOUS CEMETERIES NIAGARA PARKS CEMETERIES CEMETERY LOCATION PLAN 11 11 11 11 11 11 11 Cemetery Comprehensive Plan | City of Niagara Falls Cemeteries November 2021 Page 13 of 146Page 240 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-9 2.5 CITY OF NIAGARA FALLS’ CEMETERIES IMPROVEMENTS Niagara Falls 4 active and 4 semi-active cemeteries are well-maintained on a regular basis. Of the 16 inactive cemeteries 10 are maintained weekly including Lundy’s Lane United, Redman, All Saint’s, Drummond Hill, Stamford Presbyterian, Young, Dell, Lyon’s Creek, Weaver, and Willoughby, while the others are maintained periodically as needed. Additional efforts have been undertaken on the inactive cemeteries on private property to ensure proper upkeep, including but not limited to monument restoration, fence installation and grounds improvements. Weekly maintenance is done by City Cemetery staff which assumed maintenance of those inactive cemeteries again in 2020. McCredie and Willick Cemeteries have been redone with new fences erected and weed barrier and river rocks placed on the ground to improve overall appearance of the pioneer cemetery as well as reduce seasonal maintenance. McCredie Farm Cemetery City staff also remove trees, shrubs and flowerbeds as requested by families. Staff regularly remove bylaw infractions to improve the beauty and safety of the cemeteries. Lyon’s Creek Cemetery Dell Cemetery Page 14 of 146 Page 241 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-10 The Niagara Falls Cemetery Services has, and continues to develop and implement innovative improvements, restorations, developments, and partnership programs including: 1) Art Installation: In 2010, as part of the Communities in Bloom Program, metal art totems designed and created by students at Saint Paul High school, were installed in a central community garden at Fairview Cemetery. 2) Monument Restoration: Ongoing since 2011, Niagara Falls Cemetery Services has contracted a Monument Restoration Contractor to conduct ongoing monument restoration efforts in many of the City’s Cemeteries. 3) Military Restoration: Ongoing since 2017, after an initial partnership with the Commonwealth War Graves Commission to restore the City Cemeteries’ Fields of Honour in 2016, resulted in a five-year (2017-2022) partnership to restore veteran and war dead monuments outside of the Fields of Honour. Section 4: before and after restoration Page 15 of 146 Page 242 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-11 4) Tomb of the Unknown Soldier: Installed in 2017 at Fairview Cemetery. 5) Region’s First Green/Natural Burial Site: Developed “Willow’s Rest” in Fairview Cemetery in 2017. Willow’s Rest Green Burial Area 6) Bee Sanctuary: Developed a partnership with a local non-profit organization who installed and maintained beehives in the “Bee Sanctuary” located in Willow’s Rest. Honey harvested from the beehives is sold as “The Sweet Hereafter” and the money used to help support local food programs for the impoverished. Page 16 of 146 Page 243 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-12 The local not-for-profit also incorporated Bee Training Programs which were offered through Fairview Cemetery’s facilities. 7) Red Maple Tree Garden: Developed in the Chinese Community Section, including the development of a burial ground with significant gardens and a gateway feature for the Chinese community. A predominant member of the community has since donated a large urn and memorial benches for the development of a memorial garden. 8) Relocation of City’s Historical Cenotaph: Reconstitution of the City’s first Cenotaph with a dedication ceremony at Fairview Cemetery, adjacent to the new Field of Honour and the Tomb of the Unknown Soldier, after the local Royal Canadian Legion Branch 51 was forced to close its doors. Page 17 of 146 Page 244 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-13 9) Partnership with Niagara College Environmental Program – Niagara Falls Cemetery Services worked with two separate teams from Niagara College on projects focused on Willow’s Rest and Green/Natural Burials. The first class focused on developing an awareness (Public Relations/Marketing) campaign to promote green/natural burials to a multitude of demographics (including the younger generations). Following that, another team completed and documented a thorough Bird and Pollinators Survey, reviewing and considering the impact of developing a 2-acre wildflower meadow (i.e., natural habitat). 10) Partnership with Willowbank Heritage Conservation School: Beginning in 2019, Niagara Falls Cemetery Services employed students on a co-op term from Willowbank School. Students were tasked with assisting in the restoration and conservation of veteran and war dead markers. Once completed, they were assigned an old section of the Cemetery where they were tasked with completing a full restoration (including documentation) of historical markers and monuments. 11) Tree Planting Initiatives: Each year Niagara Falls Cemeteries are the location of tree planting efforts. In 2019, in partnership with TD Green Streets, volunteers attended Fairview Cemetery to plant 400 native trees adjacent to Willow’s Rest Green Burial Section. 12) Native Pollinator Planting Partnership: After developing Willow’s Rest (which includes seven monarch butterfly pollinator gardens), the Niagara Peninsula Conservation Authority looked to Niagara Falls Cemetery Services as sites to develop additional pollinator gardens. In 2020, the community volunteers completed the first phase of planting the northern limits of Fairview Cemetery with native pollinator plants. Page 18 of 146 Page 245 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-14 Recent pollinator planting 13) Expansion of Memorial in Jewish Section of Lundy’s Lane Cemetery: In the location of the current Holocaust Memorial, plans are in place, and designs being finalized, to expand the Memorial to include six historical stained-glass windows which were removed from the original Synagogue which has since closed. Members of the Board of the Jewish Community are working with Cemetery Services and the City’s Landscape Architects to develop a fitting expansion to the site which will help provide a history of the Jewish Community in Niagara Falls. 14) Learning Events for Elementary School Students: – multiple elementary schools have visited Fairview Cemetery since 2017 to learn about the importance of pollinators and native plants (i.e., xeriscaping) while visiting Willow’s Rest. One school group developed their own native plant garden at Fairview. Other school groups have attended Fairview Cemetery’s Tomb of the Unknown Soldier to honour “First Responders Day” or “Remembrance Day”. Learning events for elementary school students Page 19 of 146 Page 246 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-15 15) Partnership with Cemetery Gardening Angels: In 2014, the City of Niagara Falls Cemetery Services developed a partnership with the Cemetery Gardening Angels, a division of Brain Injury Community Re-Entry (Niagara) Inc., to provide family plot garden planting and maintenance at Lundy’s Lane and Fairview Cemeteries. Gardening Angels In addition to the improvement and partnership programs described above the City Cemeteries organize and host a series of events including: 1) Cemetery Spring Clean Up (May) Spring Clean Up Page 20 of 146 Page 247 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-16 2) Niagara Falls Ching Ming Festival (June) 3) Battle of Lundy’s Lane Commemoration (July) 4) Parade of the Unknown Soldier (September) Page 21 of 146 Page 248 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-17 5) Historical (ghost) Walking Tours – (October) Historical Walking Tours Remembrance Day Ceremony (November) Page 22 of 146 Page 249 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-18 2.6 ACTIVE & SEMI-ACTIVE CEMETERY STATUS 2.6.1 Fairview Cemetery Redeveloped entrance garden at Fairview Cemetery • Located at 4501 Stanley Avenue (north of Morrison Street); • This active cemetery is the City’s largest cemetery; • 77.6 acres in size with only 1.0 acre remaining developable land • Established in 1883; • Features: o Queen Victoria Diamond Jubilee Fountain erected in 1897, now a beautiful floral feature located in front of the newly renovated office; Queen Victoria Diamond Jubilee Fountain Page 23 of 146 Page 250 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-19 o Tissue Donor Memorial dedicated in 1990 to honour and commemorate organ donors. Relocated in 2017 during the development of the adjacent Tomb of the Unknown Soldier and Field of Honour; Tissue Donors Memorial in its new location o New and renovated Fields of Honour in 2017: o Instituted a program to restore/replace veteran’s and war grave monuments with upright military monuments, having already completed over 200; • Section M before & after restoration o Developed new Field of Honour west of the Tomb of the Unknown Soldier. o Instituted a program to restore/replace veteran’s and war grave monuments with upright military monuments, having already completed over 200; Tomb of the Unknown Soldier large memorial and above ground crypt with two Vimy Oaks; Page 24 of 146 Page 251 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-20 Annual Remembrance Day Event Dedicated memorial bench at the Tomb of the Unknown Soldier o Cremation features including the Maple Grove Columbaria, Remembrance Garden and cremation plots. o Willows Rest – Niagara’s first Green/Natural burial section opened in 2017: ▪ 2-acre area with nearly 200 native trees; ▪ 7 Monarch Butterfly Pollinator Gardens; ▪ Beehives producing “The Sweet Hereafter” honey with proceeds supporting local charity; ▪ Elementary and high schools visiting to learn about nature and ecology; and, ▪ Industry-leading model green cemetery receives many inquiries. Willows Rest in the fall Remembrance Garden o Art Installation in 2010 in central community garden (see photo page 2-10); Page 25 of 146 Page 252 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-21 2.6.2 Lundy’s Lane Cemetery Lundy’s Lane Cemetery • Located at 7489 Lundy’s Lane (east of Montrose Road); • Active cemetery of 18.5 acres with only potential for 0.5 acres remaining developable; • The old Methodist section first established in 1820; • Features: o The Recreation Commission Building on the site of the old Red Meeting House is now in a state of advanced decay and will be removed to expand the cemetery to include a large gateway feature, garden/greenspace, large columbarium and memorial garden; Page 26 of 146 Page 253 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-22 o Stone Cairn commemorating the “Pioneers and the Red Meeting House”, erected in 1936; o Charles Green Memorial dedicated to “One of the King’s Rangers, UEL” who died in 1827; and, Page 27 of 146 Page 254 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-23 o Holocaust Memorial dedicated in 1998 to the “memory of the six million Jewish men, women, and children who perished at the hands of the Nazis during the Nazi regime, 1933 to 1945”. Page 28 of 146 Page 255 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-24 2.6.3 Stamford Presbyterian Church Cemetery • Northwest corner of St. Paul Avenue and Brock Street; • Active cemetery of 2.7 acres with no remaining developable land; • Established in 1784; and, • Many of the early settlers were buried here but the earliest burial records were lost. 2.6.4 Stamford Green Heritage Columbarium • 3394 Portage Road (south of Brooks Street in St. John’s Anglican Cemetery; • Built in 1825, the Old St. John’s Church was developed into an indoor columbarium in 1990; and, • This active columbarium has no further development potential. 2.6.5 Drummond Hill Cemetery • 6110 Lundy’s Lane (east of Drummond Road); • Semi-active cemetery of 3.9 acres with no developable areas and no lot sales; • Established 1799, this nationally recognized heritage site is the location of the “Battle of Lundy’s Lane”; • The preservation and enhancement of Lundy’s Lane Battlefield and Cemetery were identified as notable recommendations of the 2014 Niagara Falls Cultural Plan and identified again in the November 4, 2020 Draft Recreation, Culture & Parks Comprehensive Plan, Phase 1 Report: Current State; Page 29 of 146 Page 256 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-25 • Features: o Laura Secord Monument commemorating her 20 mile walk during the War of 1812; o Battle of Lundy’s Lane Monument; o Soldier’s Monument commemorating the War of 1812, erected in 1895; o Commemorative Wall erected in 2004 to memorialize the 190th anniversary of the Battle of Lundy’s Lane; and, o As identified in the November 4, 2020 Draft Recreation, Culture & Parks Comprehensive Plan, Phase 1 Report: Current State, Lundy’s Lane Museum offers Battle of Lundy’s Lane Walking Tours each October. Page 30 of 146 Page 257 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-26 2.6.6 All Saints Anglican Church Cemetery • 5680 Robinson Street (east of Allendale Avenue); • Semi-active cemetery of 0.7 acre no developable areas and no lot sales; and, • The Heritage Designated church was dedicated in 1857. Page 31 of 146 Page 258 of 817 Buchner Place Lundy's LaneRedmond HeightsHanan Avenue© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. I n g lis Drive Morrison Street Stanley AvenuePor t a ge Roa dCedar Street Huron Street Maple Street Elm Street Bridge Street Law AvenueMenzie Street Hamilton Street DukeAvenueFraser Street © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.010203040505Meters 0 100 200 300 40050Meters #1 Fairview Cemetery Lundy's Lane Montrose RoadWayne Street Belmont AvenueMontroseRoad© 2018 - The Regional Municipality of Niagara and its Suppliers. All RightsReserved.StPaulAvenueSt Patrick AvenueMcMicking Street Dennis Lane Brock Street© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. 0 20 40 60 80 10010Meters 0 20 40 60 80 10010Meters Willick RoadEmerald Avenue© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 405Meters #2 Lundy’s Lane Cemetery CEMETERY LOCATION AERIAL IMAGES LEGEND CEMETERY BOUNDARY PROPERTY BOUNDARY CEMETERY SECTIONS WATER TAPS Cemetery Comprehensive Plan | City of Niagara Falls Cemeteries November 2021Page 32 of 146Page 259 of 817 Lundy's Lane Montrose RoadWayne Street Belmont AvenueMontroseRoad© 2018 - The Regional Municipality of Niagara and its Suppliers. All RightsReserved.StPaulAvenueSt Patrick AvenueMcMicking Street Dennis Lane Brock Street© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. 0 20 40 60 80 10010Meters 0 20 40 60 80 10010Meters Willick RoadEmerald Avenue© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 405Meters #4 Stamford Presbyterian Cemetery Allendale AvenueRobinson StreetGrey Avenue© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.Frances AvenueBroo k s S t r e e t Portage RoadHarold Street O 'N e i l S t r e e t StPaulAvenue© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 20 40 60 80 10010Meters02040608010010Meters Po r t a g e R o a d Morrison Street© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. Yokom Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 20 40 60 8010Meters 0 20 40 60 8010Meters #3 Stamford Green Heritage Columbarium& St Johns Anglican Cemetery Allendale AvenueRobinson StreetGrey Avenue© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.Frances AvenueBroo k s S t r e e t Portage RoadHarold Street O'NeilStreetStPaulAvenue© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 20 40 60 80 10010Meters02040608010010Meters Po r t a g e R o a d Morrison Street© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. Yokom Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.02040608010Meters 0 20 40 60 8010Meters #5 All Saints Anglican Church Cemetery Lundy's Lane Buchner Place © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10050Meters #6 Drummond Hill Cemetery Stamford Green Stamford Green Heritage ColumbariumHeritage Columbarium St Johns Anglican St Johns Anglican CemeteryCemetery CEMETERY LOCATION AERIAL IMAGES LEGEND CEMETERY BOUNDARY PROPERTY BOUNDARY CEMETERY SECTIONS WATER TAPS Cemetery Comprehensive Plan | City of Niagara Falls Cemeteries November 2021Page 33 of 146Page 260 of 817 Ort Road© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.Reixinger Road© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 40 505Meters 0 10 20 30 40 505Meters Lundy's Lane Lowell AvenueHanan Avenue© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. Schisler Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 405Meters 0 10 20 30 405Meters Text#8 Dell Cemetery © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0481216202Meters 0 4 8 12 16 202Meters © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0102030405Meters 0 20 40 60 8010Meters #7 Byer Burial Ground © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 4 8 12 16 202Meters 0 4 8 12 16 202Meters © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 405Meters 0 20 40 60 8010Meters #9 Gonder Burial Ground © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 4 8 12 16 202Meters 0 4 8 12 16 202Meters © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 405Meters 0 20 40 60 8010Meters #10 Hutt Family Burial Ground CEMETERY LOCATION AERIAL IMAGES LEGEND CEMETERY BOUNDARY PROPERTY BOUNDARY CEMETERY SECTIONS WATER TAPS Cemetery Comprehensive Plan | City of Niagara Falls Cemeteries November 2021Page 34 of 146Page 261 of 817 Detenbeck Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 40 505Meters0481216202Meters Detenbeck Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. Miller Road© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 20 40 60 8010Meters 0 20 40 60 8010Meters #11 Lampman Family Burial Plot Detenbeck Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 40 505Meters0481216202Meters Detenbeck Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. Miller Road© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 20 40 60 8010Meters 0 20 40 60 8010Meters #12 Lapp Family Burial Ground Detenbeck Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 40 505Meters0481216202Meters Detenbeck Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. Miller Road© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 20 40 60 8010Meters 0 20 40 60 8010Meters #13 Lee Burial Plot Ort Road© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.Reixinger Road© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 40 505Meters 0 10 20 30 40 505Meters Lundy's Lane Lowell AvenueHanan Avenue© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. Schisler Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 405Meters 0 10 20 30 405Meters Text #14 Lundy’s Lane United Church CEMETERY LOCATION AERIAL IMAGES LEGEND CEMETERY BOUNDARY PROPERTY BOUNDARY CEMETERY SECTIONS WATER TAPS Cemetery Comprehensive Plan | City of Niagara Falls Cemeteries November 2021Page 35 of 146Page 262 of 817 Detenbeck Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 40 505Meters0481216202Meters Detenbeck Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. Miller Road© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.02040608010Meters 0 20 40 60 8010Meters #15 Lutes Farm Plot Ort Road© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.Reixinger Road© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 40 505Meters 0 10 20 30 40 505Meters Lundy's Lane Lowell AvenueHanan Avenue© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. Schisler Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 405Meters 0 10 20 30 405Meters Text #16 Lyons Creek Cemetery #17 McCredie Farm Cemetery #18 Miller I Family Burial Ground CEMETERY LOCATION AERIAL IMAGES LEGEND CEMETERY BOUNDARY PROPERTY BOUNDARY CEMETERY SECTIONS WATER TAPS Cemetery Comprehensive Plan | City of Niagara Falls Cemeteries November 2021Page 36 of 146Page 263 of 817 #19 Miller II Family Burial Place #22 Willick Burial Ground Lundy's Lane Montrose RoadWayne Street Belmont AvenueMontroseRoad© 2018 - The Regional Municipality of Niagara and its Suppliers. All RightsReserved.StPaulAvenueSt Patrick AvenueMcMicking Street Dennis Lane Brock Street© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. 0 20 40 60 80 10010Meters 0 20 40 60 80 10010Meters Willick RoadEmerald Avenue© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 405Meters #21 Weaver Cemetery Ort Road© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.Reixinger Road© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 40 505Meters 0 10 20 30 40 505Meters Lundy's Lane Lowell AvenueHanan Avenue© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. Schisler Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 405Meters 0 10 20 30 405Meters Text#23 Willoughby Church Cemetery CEMETERY LOCATION AERIAL IMAGES LEGEND CEMETERY BOUNDARY PROPERTY BOUNDARY CEMETERY SECTIONS WATER TAPS Cemetery Comprehensive Plan | City of Niagara Falls Cemeteries November 2021Page 37 of 146Page 264 of 817 Allendale AvenueRobinson StreetGrey Avenue© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.Frances AvenueBroo k s S t r e e t Portage RoadHarold Street O'NeilStreetStPaulAvenue© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 20 40 60 80 10010Meters02040608010010Meters Po r t a g e R o a d Morrison Street© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. Yokom Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.02040608010Meters 0 20 40 60 8010Meters Allendale AvenueRobinson StreetGrey Avenue© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.Frances AvenueBroo k s S t r e e tPortage RoadHarold Street O 'N e i l S t r e e t StPaulAvenue© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 20 40 60 80 10010Meters02040608010010Meters Po r t a g e R o a d Morrison Street© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. Yokom Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 20 40 60 8010Meters 0 20 40 60 8010Meters #25 Fairview Mausoleum #26 Islamic Cemetery Niagara © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 4 8 12 16 202Meters 0 4 8 12 16 202Meters © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 405Meters 0 20 40 60 8010Meters #24 Young Cemetery CEMETERY LOCATION AERIAL IMAGES LEGEND CEMETERY BOUNDARY PROPERTY BOUNDARY CEMETERY SECTIONS WATER TAPS Cemetery Comprehensive Plan | City of Niagara Falls Cemeteries November 2021Page 38 of 146Page 265 of 817 N orto n St r e e t Porta g e R o a d © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved. Wi l l o u g h b y D r i v e Ni a g a r a S t r e e t Welland StreetAberdeen Street© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 10 20 30 40 505Meters010203040505Meters #27 Chippawa Presbyterian Cemetery #28 Holy Trinity (Chippawa) Anglican Cemetery CEMETERY LOCATION AERIAL IMAGES LEGEND CEMETERY BOUNDARY PROPERTY BOUNDARY CEMETERY SECTIONS WATER TAPS Cemetery Comprehensive Plan | City of Niagara Falls Cemeteries November 2021Page 39 of 146Page 266 of 817 Sodom Road© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.Portage Road© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 20 40 60 80 10010Meters010203040505Meters St Paul AvenuePinestone Road © 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.Ni a ga r a Ri ver Par kway© 2018 - The Regional Municipality of Niagara and its Suppliers. AllRights Reserved.0 5 10 15 202.5 Meters 0 10 20 30 405Meters #29 Our Lady of Peace RC Cemetery #31 Native Canadian Ossuary #30 St John’s Stevensville United Church #32 Chippawa Battlefield Park CEMETERY LOCATION AERIAL IMAGES LEGEND CEMETERY BOUNDARY PROPERTY BOUNDARY CEMETERY SECTIONS WATER TAPS Cemetery Comprehensive Plan | City of Niagara Falls Cemeteries November 2021Page 40 of 146Page 267 of 817 #1 Mewburn Road POTENTIAL CEMETERY EXPANSION AREAS AERIAL IMAGES LEGEND CEMETERY BOUNDARY PROPERTY BOUNDARY Cemetery Comprehensive Plan | City of Niagara Falls Cemeteries November 2021Page 41 of 146Page 268 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-37 2.7 PROGRESS FROM 2013 CEMETERY SERVICE DELIVERY REVIEW The Niagara Falls Municipal Works department prepared a Cemetery Service Delivery Review in 2013 which outlined a number of strategic initiatives. Many of these have already been implemented. The following table shows the major recommendations and the progress to date. Table 2.1 2013 Cemetery Service Delivery Review Strategic Recommendations Issue Recommended Action Current Status Revenue Generation – Fee Schedule Approve and incremental fees increase of 30% for lot sales and 55% for interment services over a one-year period starting July 1, 2013 Prices were raised and have continued to be raised to keep pace with inflation. Revenue Generation – Investment Income Continue to monitor investment income with the intention to improve rate of return when opportunities arise. Ongoing by Finance Department. Revenue Generation – New Products & Services Hire a consultant to review current products & recommend further products for revenue generation and/or customer service Evaluated in this Comprehensive Cemeteries Plan report Revenue Generation – HALO Program Do not implement HALO program at this time. Provide further review and cost analysis for future product opportunities. Did not pursue further Revenue Generation – Crematorium Do not support the provision of a crematorium due to the high costs of construction and operation as well as insufficient interest from regional funeral homes and environmental challenges. Did not pursue further Customer Service – Surveys Develop and distribute Customer Surveys by way of mail, cemetery web page and directly to visitors of Fairview (counter top survey), to measure existing customer satisfaction and to identify current and future expectations. Ongoing Customer Service – Office Renovations Renovate the Fairview Building with accessibility and privacy needs in mind Include an expanded reception area, a private meeting space for cemetery patrons and visitors to better respond to public concerns. Include renovated space for Lead Hand office and an improved staff lunch/locker room to improve healthy accommodations by separating the two activities. Completed in 2016/17 Operation Efficiencies – Employee Succession Planning Implement a two Team approach with a Leadhand – Operations and Leadhand Grounds Maintenance. Implemented, Modified and On-Going Changes to Operation Efficiency Operation Efficiencies – Extended Work Hours Implement Extended Work Hours (EWH) on a trial basis in 2013. Tuesday and Thursday hours of operation would be 8:00 a.m. to 8:00 p.m. allowing for evening cremation interments after 4:00 p.m. at no extra cost to the family. Saturdays’ Extended Work Hours would be 8:00 a.m. to 4:00 p.m. at no extra cost to the family. Implemented – Cemetery Operations Teams work Monday- Friday 8am – 4 pm Saturday services available at no extra cost Provincial Legislation – Abandoned Cemeteries Petition the Ministry of Consumer Services to audit all private & religious cemeteries within the municipal boundaries with the expectation that the Ministry staff will work with the cemetery owners to determine and/or establish appropriate record keeping and care & maintenance funds. Conduct Abandoned Cemeteries Inventory, identifying ownership & transfer to City if applicable. Ongoing Provincial Legislation – Property Assessment As per the Assessment Act, that religious and private cemeteries pay an amount into their cemetery care & maintenance fund the equivalent of any tax payment, as assessed, that would otherwise be payable. Ongoing Page 42 of 146 Page 269 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-38 Issue Recommended Action Current Status Marketing – Marketing Plan Develop and implement a marketing plan, including specific strategies (i.e. Promotion in print media, social media, events/tours, signage, etc.) to promote Niagara Falls Cemeteries and related services and products available to the public. ● Developed promotional material (i.e. Cemetery Services folder with leaflets for specific cemeteries, services, etc.) ● Created Niagara Falls Cemetery Services Facebook Page ● Created first promotional video highlighting Niagara Falls Cemetery Services – Future Videos to hone in on specific areas and services ● Regular and ongoing cemetery tours (historical and environmental ● Pioneer cemetery signage being replaced with updated signs – many providing illustrations of historical structures, history of location or family ● Currently developing Self-Guided Tours through our extensive online mapping and genealogical content 2.8 NIAGARA FALLS’ CEMETERIES REMAINING POTENTIAL The following table shows the City-operated cemeteries that still have remaining inventory of available interment rights for sale. The four Active cemeteries and three of the four Semi-Active cemeteries have recorded inventory and permit lot sales. Inactive cemeteries have no recorded inventory and there are no sales permitted at them. The table also outlines the acreage of the cemeteries that are maintained by the City. Although the City is nominally responsible for some cemeteries that are on private property they are not maintained. Cemeteries with listed areas of N/A in the following table are not maintained. Page 43 of 146 Page 270 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 2-39 Table 2.2 Niagara Falls Operated Cemeteries’ Status, Area & Remaining Inventory Cemetery Name Size (ac.) Remaining Developable Land (ac.) Remaining Developed Interment Rights Inventory Active Cemeteries 98.8 ac. 1.5 ac. 5,259 Fairview Cemetery 77.6 ac. 1.0 ac. 4,053 Lundy's Lane Cemetery 18.5 ac. 0.5 ac. 915 Stamford Presbyterian Church Cemetery 2.7 ac. 0.0 ac. 28 Stamford Green Heritage Columbarium Indoor N/A 263 Semi-Active Cemeteries* 5.1 ac. 94* Drummond Hill Cemetery 3.9 ac. 0 All Saints Anglican Church Cemetery 0.7 ac. 39 Willoughby Church Cemetery 0.5 ac. 35 Weaver Cemetery 0.4 ac. 20 Inactive Cemeteries† 2.6 ac. Dell Cemetery 1.0 ac. Lyons Creek Cemetery 0.7 ac. Young Cemetery 0.3 ac. Lundy's Lane United Church Cemetery 0.2 ac. Miller Family 1 Burial Ground N/A Byer Burial Ground N/A Gonder Burial Ground N/A Hutt Family Burial Ground N/A Lampman Burial Plot N/A Lapp Family Burial Ground N/A Lee Burial Plot N/A Lutes Farm Plot N/A McCredie Cemetery N/A Miller Family 2 Burial Place N/A Redmond Burial Plot N/A Willick Burial Ground N/A Total Land & Available Interment Rights 106.5 ac. 1.5 ac. 5,353 * NOTE: Semi-Active cemeteries’ inventory is not confirmed. † Inactive cemeteries of size ‘N/A’ are not maintained. Page 44 of 146 Page 271 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 3-40 3 DEMAND / LAND NEEDS ANALYSIS 3.1 INTRODUCTION – NIAGARA FALLS DEMOGRAPHY The City of Niagara Falls with a population of 88,0711 (StatCan 2016 census) is growing at about 1.2% annually. The city hosts an ethnically diverse population. Although the majority of the population claim some European origin (75.4%)2 there are many whose roots are deep claiming “Other North American” ethnic origin (28.1%). There is also a significant Asian population (10.3%), particularly Chinese (2.4%), East Indian (2.2%), and Filipino (2.2%). These demographic groups will tend to have different after-death care demands. Filipino culture often prefers above ground (i.e., mausoleum) full body casket disposition while East Indian and Chinese cultures usually prefer cremation. As the population of Niagara Falls grows, so will the annual number of deaths in the City. Consumer demand for cremation has been growing at a faster rate than growth in annual deaths resulting in all the growth in after-death dispositions occurring with cremations. The following chart shows the growth in Niagara Falls’ population (shown in green using right-hand scale) as well as total annual deaths (solid black line using left-hand scale), casket burials (brown area – left-hand scale), and cremations (red area – left-hand scale). Note the steady decline in casket burials with all of the growth in after-death care demand occurring in cremations (red area). Figure 3.1 City of Niagara Falls Estimated/Forecast Population, Annual Deaths, Burials & Cremations, 1993 - 20453 1 This and subsequent data from Statistics Canada 2016 census of Niagara Falls Census Subdivision. 2 Note that individuals may report more than one ethnic origin, so the total adds to 122.5% 3 Sources: City of Niagara Falls, Statistics Canada, Cremation Association of North America, Hilton Landmarks projections 0 15,000 30,000 45,000 60,000 75,000 90,000 105,000 120,000 135,000 150,000 1991 1995 2000 2005 2010 2015 2020 2025 2030 2035 2040 2045 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 PopulationAnnual Deaths, Burials & CremationsCasket Dispositions Cremation Dispositions Annual Deaths Population 1991 Population: 75,399 Estimated Deaths: 622 Estimated Cremations: 199 Estimated Burials: 463 2016 Population: 88,071 Estimated Deaths: 908 Estimated Cremations: 599 Estimated Burials: 309 2045 Forecast Population: 132,310 Forecast Deaths: 1,530 Forecast Cremations:1,300 Forecast Burials: 230 Page 45 of 146 Page 272 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 3-41 The growth in the population of Niagara Falls is forecast to average 1.4% annually over the next 25 years, growing by 42% over that time. As the population ages, particularly the Baby Boomers, the number of annual deaths will increase at a faster rate, averaging 1.8% annually over that same period, resulting in annual deaths in Niagara Falls increasing by 57% to 1,539 per year. Consumer preference for cremation has been increasing steadily for the last 30 years and is expected to continue increasing until leveling off at about 85% by 2043. This will result in annual cremations almost doubling to 1,308 annually by 2045, an average annual increase of 2.7%. Casket dispositions in the city are anticipated to decline by 25% to 231 annually by 2045 (-1.1% annually). The following table shows the forecast population, annual deaths, cremations, and burials in the City of Niagara Falls for selected years over the next 25 years to 2045. For comparison, the total dispositions at the Niagara Falls’ Cemeteries are shown for 2020. The City Cemeteries capture more than half (57%) of the total market, a significant share considering the commercial competition and the increase in cremations. It is notable that in 2020 the City of Niagara Cemeteries performed 40% more interments per capita than the largest municipality on the region, St. Catharines. The forecasts for Niagara Falls Cemeteries are outlined in Section 3. Table 3.2 City of Niagara Falls Forecast Population, Annual Deaths, Burials & Cremations, 2020 – 2045 City of Niagara Falls Forecast Year (forecast values) 25 Year Increase Category 2020 2025 2035 2045 # % %/Year Population 93,400 100,139 115,139 132,314 38,914 42% 1.4% Annual Deaths in Niagara Falls 983 1,081 1,299 1,539 556 57% 1.8% Cremation Rate in Niagara Falls 69% 75% 83% 85% 16% 24% 0.9% Annual Cremations in Niagara Falls 675 807 1,072 1,308 633 94% 2.7% Annual Burials in Niagara Falls 308 274 227 231 -77 -25% -1.1% Total Dispositions in Niagara Falls 983 1,081 1,299 1,539 556 57% 1.8% Total Dispositions in Niagara Falls’ Cemeteries 557 57% market share Refer to Section 3 Sources: City of Niagara Falls population forecast, Statistics Canada, Cremation Association of North America, Hilton Landmarks projections, City of Niagara Falls Cemeteries It is important that cemetery staff educate consumers on the importance of the cemeteries as significant places for the interment and memorialization of their loved ones. There is a wide-spread lack of understanding among the public of the benefits of a respectful and beautiful place for the placement and memorialization or our dead. Cremation has made cemeteries entirely optional to the after-death care process. Consumers are no longer required by law to inter their loved ones in a cemetery as was (and continues to be) the case for casket interments. Furthermore, cremation has separated disposition (interment, inurnment, scattering, etc.) from memorialization (headstones, markers, plaques, etc.). These both are now optional and entirely at the consumer’s discretion. It is therefore incumbent upon cemetery staff and management to educate the public of the benefits of cemetery interment and memorialization. Cemeteries are for the living. They connect us to our past. They provide a place for us to visit and remember our ancestors, to work through our grief and honour those who have passed before us. They also connect us to the wider community through the community history that is preserved there. Finally, they provide a public space where people may enjoy the outdoors in passive recreation and linkages to other community activities and amenities. Page 46 of 146 Page 273 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 3-42 3.2 CURRENT DEMAND AT NIAGARA FALLS’ CEMETERIES There can be wide variations in dispositions and sales from year to year but over the longer term (5 years) both tend to return to the mean trend. The following tables shows the total annual number of dispositions (openings/closings, interments, inurnments, and scatterings) over the last nine years from 2012 to 2020 at Niagara Falls active and semi-active cemeteries. Forecast dispositions (openings/closings) represent the future operational revenue that accrues from the sale of openings/closings and ancillary services but do not relate directly to land use as they occur into interment rights that are sold (either at-need or pre-need). Casket interments have been tending downward over the last nine years, cremation ground lot interments and columbarium niche inurnments have all trended upwards while cremation scatterings have fluctuated around the mean. Table 3.3 Niagara Falls’ Active & Semi-Active Cemeteries’ Total Annual Dispositions 2012-2020 Disposition Type /Year Casket Interment Cremation Ground Interment Columbarium Niche Inurnment Cremation Scattering Total Dispositions 2012 248 236 28 N/A 512 2013 250 236 14 11 511 2014 243 224 44 8 519 2015 239 243 34 9 525 2016 221 279 18 8 526 2017 210 279 10 13 512 2018 215 261 49 12 537 2019 210 288 17 12 527 2020 217 250 78 12 557 9 Year Average 228 255 32 11 525 Cemetery sales are related to cemetery dispositions, but the correlation is not one to one. Interment rights may be purchased at-need (at the time of death of the rightsholder) or preneed (prior to the death of the rightsholder). Preneed interment right sales occur in advance of interment and may precede it by years and even decades. Casket interments must occur in casket lots (or mausoleum crypts), but cremation dispositions may be into any type of interment right. Many cremation consumers choose casket lot dispositions for two reasons: • Enhanced memorializations opportunities (i.e., larger monuments) on casket lots; and, • Multiple cremation interment opportunities on casket lots. Cremation urns may be interred into a casket lot above (or in the absence of) a casket burial. There could potentially be up to five (5) interments (a casket and 4 cremation urns or 5 cremation urns) in an adult casket lot. That would be as many as 5 dispositions into 1 interment right. This Page 47 of 146 Page 274 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 3-43 allows for more efficient use of depleting interment rights and distinguishes the dispositions from the sales forecast. Dispositions represent annual operational revenue while sales represent the revenue from the depleting interment right revenue that must support cemetery capital development and perpetual care fund growth. Sales will lead dispositions by the number of preneed sales that occur but will lag dispositions by the number of multiple burials into a single interment right. Casket lot sales tend to lead casket dispositions slightly for the reasons described above while cremation ground lot sales significantly lag dispositions. Columbarium niches sales tend to follow dispositions due to the offsetting effects of preneed sales and multiple dispositions (2 inurnments are permitted in a niche). The following table shows the annual number of interment right sales (casket lots, cremation ground lots and columbarium niches) for each of the last nine years from 2012 to 2020. Casket lot sales have trended up slightly over the last nine years in response to the demand for casket lots by cremation consumers. Cremation ground lot sales and columbarium niche sales have been trending up slight and decidedly respectively, buoyed by the increasing cremation demand and in spite of the transference of cremation demand to casket lot sales. Cremation scattering sales have been fluctuating around their mean. Table 3.4 Niagara Falls’ Active & Semi-Active Cemeteries’ Total Annual Interment Right Sales 2012-2020 Interment Right Type / Year Casket Lot Sales Cremation Ground Lot Sales Columbarium Niche Sales Scattering Sales Total Interment Right Sales 2012 162 24 22 N/A 208 2013 146 32 29 11 218 2014 151 25 31 8 215 2015 135 29 31 9 204 2016 89 28 22 8 147 2017 152 33 30 13 228 2018 326 39 41 12 418 2019 196 53 34 12 295 2020 170 34 46 12 262 9 Year Average 170 33 32 11 244 3.3 CURRENT INVENTORY AT NIAGARA FALLS’ ACTIVE CEMETERIES 3.3.1 Current Developed Inventory Although interments may still occur at the inactive cemeteries, they allow no new sales of interment rights. Some few interment rights may still be recorded in the cemetery computer system but their inaccurate records of their location and status do not allow their sale. Only active cemeteries have saleable inventory (and may have some amount of remaining developable land) to sell. The following tables show the total developed interment right inventory at Niagara Falls’ active cemeteries. Page 48 of 146 Page 275 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 3-44 The following table shows the distribution of remaining available developed interment rights inventory at the Niagara Falls’ cemeteries as recorded in the cemetery management computer system as at April 13,2021. Note that the semi-active and inactive cemeteries do not allow interment right sales and have no remaining saleable inventory or developable land. Table 3.6 Niagara Falls Cemeteries’ Available Interment Rights Inventory (at April 13, 2021) Active Cemetery \ Interment Right Type Adult Casket Green Burial Casket Veteran Infant Cremation Ground Green Burial Cremation Columbarium Niche Total Available Active Cemeteries (sales permitted) 3,427 701 150 132 439 104 306 5,259 Fairview Cemetery 2,494 701 150 132 429 104 43 4,053 Lundy's Lane Cemetery 905 N/A N/A N/A 10 N/A N/A 915 Stamford Presbyterian Church Cemetery 28 N/A N/A N/A N/A N/A N/A 28 Stamford Green Heritage Columbarium N/A N/A N/A N/A N/A N/A 263 263 Semi-Active Cemeteries* (sales not permitted) 55 N/A N/A N/A 39 N/A N/A 94 Drummond Hill Cemetery 0 N/A N/A N/A 0 N/A N/A 0 All Saints Church Cemetery 0 N/A N/A N/A 39 N/A N/A 39 Willoughby Cemetery 35 N/A N/A N/A 0 N/A N/A 35 Weaver Cemetery 20 N/A N/A N/A 0 N/A N/A 20 Total Available Interment Rights 3,482 701 150 132 478 104 306 5,353 * NOTE: Inventory at Semi-Active Cemeteries is not well-defined and not for sale. 3.3.2 Valuation of Remaining Inventory The remaining developed saleable 5,259 recorded interment rights at the four active cemeteries have an approximate value of $11.5 million at current (2020) prices. Including the value of the 94 interment rights at three of the semi-active cemeteries adds an additional $181,000 bringing the total value of the developed inventory to $11.7 million at current (2020) prices. Of this total, about $4.5 million will be deposited to the PCF with the remaining $7.2 million sales revenue to support ongoing operations. This does not include the potential value of undeveloped cemetery lands which are evaluated later in this report. The following table shows the current valuation of the remaining developed interment rights. Note that this valuation represents only the value of interment right sales and does not include the operational revenue (openings/closings, monument foundations, etc.) that can add an additional 50% to the total value. Note also that the prices are average and do not include the increased value of infill development in the higher- valued historic heritage areas. Page 49 of 146 Page 276 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 3-45 Table 3.7 Partial* Valuation of Current Saleable Inventory at Active Cemeteries (2020 Prices) Interment Right Type Saleable Inventory 2020 Average Price Sales Revenue PCF Contribution** Total Value Adult Casket Lots*** 4,333 $2,372 $6,166,726 $4,111,150 $10,277,876 Child & Infant Lots 132 $863 $68,350 $45,566 $113,916 Cremation Ground Lots**** 582 $1,315 $459,198 $306,132 $765,330 Columbarium Niches 306 $1,846 $480,145 $84,731 $564,876 Total Interment Rights 5,259 $7,174,419 $4,547,579 $11,721,998 * NOTE: Valuation includes only interment right sales but not operational revenue (openings/closings, etc.) ** PCF Contribution is 40% of purchase price for ground lots and 15% for columbarium niches. *** Adult Casket Lots include 701 Green Burial Casket Lots and 150 Veteran Lots **** Cremation Ground Lots include 104 Green Burial Cremation Lots. 3.3.3 Remaining Developable Land at Active Niagara Falls Cemeteries Of the total of 106.6 acres in the four active, four semi-active and ten maintained inactive Niagara Falls cemeteries there remains about 1.5 acres of developable land in two of the four active cemeteries. Fairview Cemetery has about 1.0 acres of developable cemetery land, Lundy’s Lane Cemetery has approximately 0.5 acres, and Stamford Presbyterian Church Cemetery and Stamford Green Heritage Columbarium have no remaining developable land. There remains only 2% of the total land at the City’s four active cemeteries. The need for expansion lands is immediate. Table 3.8 Remaining Developable Land at Four Active Niagara Falls Cemeteries Active Cemetery Developed Acreage* Remaining Developable Total Acreage Remaining Developable % Fairview Cemetery 76.2 ac. 1.0 ac. 77.2 ac. 1% Lundy’s Lane Cemetery 18.0 ac. 0.5 ac. 18.5 ac. 3% Stamford Presbyterian Church Cemetery 3.1 ac. 0.0 ac. 3.1 ac. 0% Stamford Green Heritage Columbarium N/A. 0.0 ac. N/A 0% Total Developable Land 97.3 ac. 1.5 ac. 98.8 ac. 2% * NOTE: Developed Acreage includes infrastructure (e.g. roads, etc.) and undevelopable areas. 3.4 NIAGARA FALLS CEMETERIES FORECAST DEMAND 3.4.1 Two Demand Forecasts Two demand forecasts have been prepared to evaluate the potential for increased demand at the City of Niagara Falls cemeteries. The Status Quo Demand Forecast predicts a continuation of demand growth as has been seen at the City’s four active and four semi-active cemeteries historically and forecast based upon Niagara Falls’ projected growth. The Status Quo Forecast assumes that the City of Niagara Falls maintain the current operational status, and more importantly, that sufficient inventory of internment rights remains available. The High Demand Forecast evaluates the impact of increased demand should the City implement the recommendations of this report including enhanced marketing efforts. Dispositions Page 50 of 146 Page 277 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 3-46 and sales have been aggregated for the four active and four semi-active cemeteries to reflect Niagara Falls Cemeteries’ total demand, sales, and revenue. Results of both forecasts are presented in the following sections. Each demand forecast includes projections for both dispositions (openings/closings) which represent future operational revenue and interment right sales which represent revenue for cemetery capital development, perpetual care fund growth as well as land need and use. It is important to note that while casket dispositions must go into casket lots, cremation dispositions may go into any of the three interment right types, including casket lots. Many people choose casket lots for cremation for their interment opportunities (i.e., multiple interments into one lot) as well as more spacious lots. This has the effect of reducing cremation ground lot sales below the number of cremation interments. 3.4.2 Status Quo Demand Forecast The Status Quo Demand Forecast is based upon projected growth of Niagara Falls’ population and mortality and assumes a continuation of operations as at present. The following table shows forecast dispositions for the four active and four semi-active cemeteries under the Status Quo Demand Scenario for selected years up to 25 years in the future (2045). A complete table showing year by year figures is included in Appendix 2. Forecast dispositions represent the future operational (opening/closing, etc.) revenue that the active and semi-active cemeteries will earn providing cemetery services. This revenue is closely related to forecast mortality rates although increased marketing effort will lead to increased market share and hence revenue. This revenue will cease when the cemeteries are eventually sold out and interments cease. Table 3.9 Niagara Falls Cemeteries Status Quo Forecast Annual & Total Dispositions, 2020 – 2045 Status Quo Scenario Dispositions Year (forecast values) 26 Year Increase Category 2020 2025 2035 2045 # % %/Year Total Annual Dispositions 557 555 621 709 152 27% 1.0% Annual Casket Interments 217 174 127 131 -86 -40% -2.0% Total Annual Cremation Dispositions 340 381 494 578 238 70% 2.1% Annual Cremation Ground Interments 250 312 377 410 160 64% 2.0% Annual Niche Inurnments 78 54 97 145 67 86% 2.5% Annual Scatterings/Other Dispositions 12 15 20 23 11 92% 2.6% As the consumer demand for cremation (as measured by the cremation rate) increases each year the number of casket burials in Niagara Falls’ cemeteries will continue to fall until about 2040 at which point the growth in population will overtake the leveling off cremation rate resulting in a slightly increasing number of annual casket burials. Page 51 of 146 Page 278 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 3-47 The annual number of cremation dispositions has been increasing year over year and is anticipated to continue as both the population and preference for cremation increase. All cremation disposition types including cremation ground interment, columbarium niche inurnment and cremated remains scatterings have been increasing and are expected to continue to do so under the Status Quo demand scenario. Despite the offsetting decline in casket burials the growth in cremation dispositions will result in overall year over year growth in total dispositions. Forecast dispositions represent the future operational (openings/closings, monument foundations, etc.) revenue and will forecast changes in operational revenue (not including the effects of price changes). The following table shows forecast interment right sales under the Status Quo Demand Scenario for the four active Niagara Falls cemeteries (semi-active cemeteries do not permit interment right sales) for selected years up to 25 years in the future (2045). A complete table showing year by year figures is included in Appendix 2. Table 3.10 Niagara Falls Active Cemeteries Status Quo Forecast Annual & Total Sales, 2020 – 2045 Status Quo Scenario Interment Right Sales Year (forecast values) 26 Year Increase Category 2020 2025 2035 2045 # % %/Year Total Annual Interment Right Sales 260 338 388 489 229 88% 2.6% Annual Casket Lot Sales 170 217 214 262 92 54% 1.7% Total Annual Cremation Interment Right Sales 90 121 174 227 137 152% 3.8% Annual Cremation Ground Lot Sales 34 54 77 100 66 194% 4.4% Annual Columbarium Niche Sales 46 54 78 102 56 122% 3.2% Annual Scatterings/Other Sales 10 13 19 25 15 150% 3.7% Note that casket lot sales are expected to increase despite the slight decline in casket lot dispositions. This is due to two factors: pre-need sales which lead dispositions for years, sometimes decades and particularly to the number of cremation consumers who choose casket lots for the memorialization options that they afford. This latter preference has a coincident effect of suppressing the sale of cremation ground lots below that of cremation ground dispositions. Columbarium niche and scattering sales are anticipated to rise with increasing cremations. Sales data as provided indicates that scattering/other sales are slightly less than dispositions, an anomalous situation, but with insignificant financial and operational consequences. Growth in all types of interment right sales (both full body casket and cremation) are anticipated to rise year over year under this demand scenario. Forecast interment right sales represent the revenue from the sale of interment rights that may be split into three components: contributions to the Perpetual Care Fund (PCF) to earn income for future maintenance expenses, capital reserve to replace the sold land and facility inventory, and Page 52 of 146 Page 279 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 3-48 current revenue to offset sales and administrative costs. These sales are subject to increase due to enhanced product offerings and marketing. 3.4.3 High Demand Forecast The high demand forecast is based upon the improvement of the status quo through enhanced product and service offerings as well as increased marketing as recommended in this report. The following table shows forecast dispositions at the four active and four semi-active Niagara Falls cemeteries under the High Demand Scenario for selected years up to 25 years in the future (2045). Despite a slightly increasing market share of casket burials the overall decreasing numbers will overtake the increase and casket burial are anticipated to decrease slightly year over year until 2040 when the growth in population will overtake the leveling off cremation rate resulting in a slightly increasing number of annual casket burials. All forms of cremation dispositions (cremation ground interment, columbarium niche inurnment and cremated remains scattering) are anticipated to increase year over year under this demand scenario. The growth in cremation dispositions is anticipated to outpace the decline in casket dispositions for overall year over year growth in total dispositions. A complete table showing year by year figures is included in Appendix 2. Table 3.11 Niagara Falls Cemeteries High Demand Forecast Annual & Total Dispositions, 2020 – 2045 High Demand Scenario Dispositions Year (forecast values) 26 Year Increase Category 2020 2025 2035 2045 # % %/Year Total Annual Dispositions 557 612 736 889 332 60% 1.9% Annual Casket Interments 217 195 164 170 -47 -22% -1.0% Total Annual Cremation Dispositions 340 417 572 719 379 111% 3.0% Annual Cremation Ground Interments 250 341 437 510 260 104% 2.9% Annual Niche Inurnments 78 59 112 180 102 131% 3.4% Annual Scatterings/Other Dispositions 12 17 23 29 17 142% 3.6% As compared to the Status Quo demand scenario, the High Demand scenario shows almost a doubling in the rate of increase in total annual dispositions over the next 25 years. Casket dispositions under this scenario are still anticipated to decline but at an annual rate that is about one half of that in the previous Status Quo demand scenario. The following table shows forecast interment right sales under the High Demand Scenario for selected years up to 25 years in the future (2045). Refer to the previous section (Section 3.4.2) for a description of the revenue and capital implications of the disposition and interment right sales forecasts. Page 53 of 146 Page 280 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 3-49 Table 3.12 Niagara Falls Active Cemeteries High Demand Forecast Annual & Total Sales, 2020 – 2045 High Demand Scenario Interment Right Sales Actual Year (forecast values) 26 Year Increase Category 2019 2020 2025 2035 2045 # % %/Year Total Annual Interment Right Sales 260 402 507 667 407 157% 3.8% 260 Annual Casket Lot Sales 170 267 289 362 192 113% 3.1% 170 Total Annual Cremation Interment Right Sales 90 135 218 305 215 239% 5.0% 90 Annual Cremation Ground Lot Sales 34 59 96 134 100 294% 5.6% 34 Annual Columbarium Niche Sales 46 61 98 137 91 198% 4.5% 46 Annual Scatterings/Other Sales 10 15 24 34 24 240% 5.0% 10 3.5 NIAGARA FALLS’ CEMETERIES FORECAST LAND NEED Based upon cumulative interment right sales as forecast in the two demand scenarios described above, a forecast of cemetery land use and needs was formulated. Interment right sales represent land use as the interment right grants to the rightsholder the right to inter human remains in that lot or niche into perpetuity. Once an interment right (lot or niche) is sold, the land that encompasses it is reserved for that rightsholder into perpetuity. The following table shows forecast cumulative interment right sales (hence inventory needed and by extension land used) at Niagara Falls cemeteries over the next 25 years to 2045 for both the Status Quo and High Demand Cases. Table 3.13 Niagara Falls’ Active Cemeteries Status Quo & High Demand Forecast Cumulative Interment Right Sales 2020-2045 Cumulative Interment Right Sales, 2020 – 2045 Status Quo Forecast High Demand Forecast Current Inventory* Cumulative Casket Lot Sales (all types) 5,707 7,463 4,410 Cumulative Cremation Ground Lot Sales 1,835 2,252 543 Cumulative Columbarium Niche Sales 1,888 2,317 306 Cumulative Scatterings 460 564 N/A Total Cumulative Interment Right Sales 9,890 12,596 5,259 * Currently developed saleable inventory at the 4 active cemeteries as of April 13, 2021. There is insufficient remaining developed inventory to meet projected demand for the next 25 years and additional cemetery development will be required. The following table shows the scheduled implementation timing for the next phase of development at the cemeteries. Fairview Cemetery will exhaust its developed casket inventory by 2031. At a demand rate of 0.4 acres per year the remaining 1.0 acre of developable land will be exhausted within 2.5 years after that. Additional cemetery land will be needed to continue to serve the Niagara Falls community. Page 54 of 146 Page 281 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 3-50 Table 3.14 Niagara Falls’ Active Cemeteries Next Phase of Development Schedule Cumulative Interment Right Sales, 2020 – 2045 Current Inventory* Sales Life (yrs) Development needed by Cumulative Casket Lot Sales (Adult Casket) 3,427 10 years 2030 Cumulative Cremation Ground Lot Sales 543 7 years 2027 Cumulative Columbarium Niche Sales 306 3 years 2023 For comparison purposes, the following table shows the equivalent total cumulative land need at the active Niagara Falls cemeteries over the next 25 years (to 2045) under both the Status Quo Demand Scenario and the High Demand Scenario. Table 3.15 Niagara Falls’ Cemeteries Forecast Cumulative Land Need, 2020 – 2045 Demand Forecast Scenario Cumulative Land Need 2020 – 2045 Status Quo Demand Forecast 9.1 acres High Demand Forecast 11.8 acres There remains only 1.5 acres of developable land at Fairview and Lundy’s Lane Cemeteries, insufficient to meet the City’s demand for the next 25 years. Given the limited development potential, it is anticipated that Fairview Cemetery will run out of casket lot inventory within 20 years. It is thus imperative that additional new cemetery land be acquired so that the Niagara Falls Cemeteries may continue to serve the community. Additional cemetery land will be needed to continue to serve the community and provide adequate funding to the PCF to allow fiscal self - sustainability. 3.6 RECOMMENDATIONS There is insufficient remaining developable land remaining at the two cemeteries that have developable land (Fairview and Lundy’s Lane). Additional cemetery land is needed to meet forthcoming demand from the City’s citizens. Given the timeframe to acquire, plan, licence and develop a new cemetery which may take up to 10 years, it is prudent to begin the process to acquire new cemetery lands. It is anticipated that the City will require about 10.5 acres of cemetery lands over the next 25 years. Development of the active cemeteries (Fairview, Lundy’s Lane, Stamford Presbyterian, and Stamford Heritage Columbarium) should continue as possible to efficiently use the remaining land and inventory. As the cemeteries fill, opportunities exist for road closures and infill lot development. This development will become premium inventory given these cemeteries heritage value. In addition to currently offered interment and memorialization types, the new cemetery should also develop a green burial area to build upon Fairview Cemetery’s ability to meet the growing demand for this environmentally friendly form of interment. Page 55 of 146 Page 282 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 3-51 Recommendation 1: The City of Niagara Falls will need additional interment rights inventory to meet the forthcoming demands of its citizenry, including: • Develop additional casket and cremation ground lots, and columbaria niches at its active cemeteries (per Table 3-14); • Acquire and develop additional cemetery expansion land; • Develop a Green Burial area at the to-be-acquired new cemetery to complement Willows Rest; • Monitor demand relative to forecast annually; and, • Reviewing/revising demand forecasts at minimum every five years. Interior niches at Stamford Green Columbarium Page 56 of 146 Page 283 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 4-52 4 PERPETUAL CARE FUND ADEQUACY ANALYSIS The City of Niagara Falls maintains a Perpetual Care Fund (PCF) as per the requirements of the Ontario Funeral, Burial and Cremation Services Act (FBCSA). Over the long term, an adequately funded PCF is the single requirement for a fiscally sustainable cemetery system. Once an interment right (lot, crypt, or niche) has been sold and exercised (i.e., interred/inurned into and memorialized) then there is no further income that will accrue to that piece of land except the income from the PCF. The City of Niagara Falls currently taxes its citizens to support the cemetery at an average annual amount of $811,000, but a user-pay system is considered more equitable. It is thus important to determine the requirements of an adequately funded PCF to develop a strategy to achieve it. Under the FBCSA, municipalities are required to maintain not only their own cemeteries but also any abandoned or neglected ones within their boundaries. As it is the fate of all cemeteries to eventually sell their interment rights inventory and become abandoned, they will all (in the long term) eventually devolve to municipal responsibility. Planning for an adequately funded PCF is the means by which the City may reduce and ultimately eliminate this burden on the taxpayers. 4.1 NIAGARA FALLS’ PERPETUAL CARE FUND – (PCF) The City of Niagara maintains a Perpetual Care Fund (PCF) for its 24 cemeteries. Of the 24 municipal cemeteries, the City maintains 4 active, 4 semi-active and 16 inactive pioneer cemeteries. Contributions to the PCF are made, in accordance with the regulations of the FBCSA, on the sale of interment rights and monument installations. Note that the City Cemeteries proactively contribute more than legislatively required on the sale of columbarium niches to secure the long- term fiscal sustainability of the cemeteries. Note also the minimum contribution amounts (but not the minimum rates will increase effective January 1, 2022. See Section 9.1 for a summary of upcoming changes. Table 4.1 Required PCF Contribution on the Sale of Interment Rights Interment Right Type Legislated PCF Minimum Contribution Legislated Minimum as of Jan. 1, 2022 Current Contribution at Niagara Cemeteries $ % $ % $ % Casket Lot $250 40% $290 40% $704 40% Cremation Lot $150 40% $175 40% $398 40% Columbarium Niche $100 15% $165 15% $691 40% Scattering $25 N/A $30 N/A $25 N/A • Current PCF contribution required on monument installation: o Flat marker less than 173 square inches: $0; o Flat marker 173 square inches or greater: $50; o Upright monument 4 feet or less in height and 4 feet or less in width including base: $100; o Upright monument more than 4 feet in height or width including base: $200. Page 57 of 146 Page 284 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 4-53 4.2 ANNUAL CARE AND MAINTENANCE EXPENSES Cemetery activities may be divided into two broad categories: ‘operations’ and ‘maintenance’. The distinction is important because over the long term, operations costs will cease when sales and interments cease at the cemetery (i.e., it becomes sold out and inactive) while maintenance costs will continue forever (and increase with inflationary pressure). ‘Operations’ refers to the general operations of an active cemetery, specifically these activities: • Include interments, inurnments, scatterings, monument installations, etc.; • Require personnel with cemetery-specific skills (i.e., opening/closing, monument installation, etc.); • Typically attract revenue (i.e., fees for services); and, • Cease once a cemetery is completely inactive (i.e., no sales or interment activity). Once interment right sales at a cemetery cease then the cemetery becomes semi-active, and interment (service) revenue will slowly decline as pre-need interment right sales are exercised. This gradual slowing of service (interment) revenue may last for decades after interment right sales cease. When those interments cease entirely then the costs associated with providing those services as well as their associated revenues also cease. However, the costs associated with ongoing perpetual care maintenance will continue into perpetuity. ‘Maintenance’ refers to the costs of ongoing care and maintenance of the cemetery, specifically: • Turf care (mowing, fertilizing, etc.), tree care, snow and waste removal, road, fence, building and other lifecycle capital costs, as well as monument maintenance; • Except for the last, these skills are widely available and not cemetery-specific; • Generally, these activities do not attract revenue and must be funded by income from the PCF (or municipal subsidy); and, • These activities continue into perpetuity after a cemetery is inactive. To avoid continual and increasing reliance on municipal subsidy, the cemetery’s PCF needs to have sufficient funds to cover these latter costs when the cemetery becomes inactive. The allocation of expenses is thus important to correctly forecast the future costs and needs for PCF revenue to cover the ongoing expenses. Examining previous years’ budget listings to separate operations from maintenance expenses, it was determined that maintenance expenses average about 50% of total annual expenses for the cemeteries. Given a five-year average total cemeteries expense of $1,914,130 the estimated annual maintenance expense is $957,065. The 24 cemeteries maintained by the City total 106.6 acres in area. It is then estimated that annual current maintenance costs are approximately $8,980 per acre per year. This is within the range of normal for a municipality of Niagara Falls’ size. Page 58 of 146 Page 285 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 4-54 For the purpose of long-term planning, it is assumed that PCF expenses will rise at a pace consistent with inflation as measured by the Consumer Price Index (CPI) as monitored by Statistic Canada. Given a municipal union environment, this assumption bears watching in the future. 4.3 CHANGES TO PCF STATUS The funds accruing from each cemetery’s sales are aggregated in the PCF. The following table shows the annual deposits, interest and withdrawals from the aggregated Niagara Falls Cemeteries’ PCF. From an opening balance of $2,986,457 in 2011 it ended 2019 with a closing balance of $4,295,707, an increase of $1,208,051 over those nine years. Deposits are made from the contribution from the sale of interment rights. The fund earns interest and capital gains from which management fees are deducted. The FBCSA permits only the interest earned (and capital growth) to be withdrawn from the fund and only to be used for offsetting the costs of cemetery maintenance. Table 4.2 Annual Deposits/Withdrawals to Niagara Falls Cemeteries’ Aggregated PCF Year Opening Balance Deposits Interest Earned Capital Gains Management Fees Withdrawals Closing Balance 2011 $2,986,457 $101,199 $111,543 $64,958 -$10,735 -$165,766 $3,087,656 2012 $3,087,656 $97,426 $116,833 $71,321 -$12,232 -$175,922 $3,185,082 2013 $3,185,082 $98,979 $112,192 -$127 -$12,413 -$99,652 $3,284,061 2014 $3,284,061 $103,837 $110,917 $20,463 -$12,658 -$118,723 $3,387,898 2015 $3,387,898 $91,335 $113,905 $37,827 -$13,335 -$139,723 $3,477,907 2016 $3,477,907 $147,414 $113,306 $61,057 -$30,059 -$142,978 $3,626,647 2017 $3,626,647 $293,327 $122,810 -$78,436 -$22,625 -$20,074 $3,921,648 2018 $3,921,648 $186,566 $105,040 $4,102 -$11,793 -$99,023 $4,106,539 2019 $4,106,539 $189,168 $119,060 $90,262 -$13,065 -$196,256 $4,295,707 2011- 2019 $1,120,082 $1,309,250 $1,025,607 $271,427 -$138,915 -$1,158,118 $1,208,051 The following table shows the year over year changes in Niagara Falls’ aggregated PCF. Total Growth shows the percentage net change from Opening to Closing Balance including all additions and disbursements. As it is the practice of the Niagara Falls Cemeteries to withdraw the entire interest earned and capital gains after fund management fees are deducted, this reflects primarily the deposits to the fund. Nominal Investment Return is the percentage return (including Interest, Capital Gains and deducting Management Fees) on the fund’s mid-year balance which includes one half of the year’s deposits assuming that deposits are made regularly throughout the year. Real Rate of Return (RROR) is equal to the nominal rate (Nominal Investment Return) minus the Consumer Price Index (CPI) which reflects the devaluing effect of inflation. The RROR shows the real increase in purchasing power in the PCF’s balance. Page 59 of 146 Page 286 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 4-55 Table 4.3 Annual Returns and Growth in Niagara Falls Cemeteries’ Aggregated PCF Notes: Total PCF Growth equals Closing Balance / Opening Balance Nominal Investment Return equals (Interest Earned plus Capital Gains) / (Opening Balance plus ½ Deposits) CPI equals the Canadian Consumer Price Index as reported by the Bank of Canada RROR (Real Rate of Return) equals Nominal Investment Return minus CPI In the current economic climate, investment returns are becoming increasingly difficult to obtain. This is evidenced by the decline in the average RROR over progressively more recent periods. The nine-year average RROR was 2.0% but it has dropped to 0.7% over the last 3 years. It is important to factor in the effect of inflation via the RROR lest the purchasing power of the PCF decline. Best practice for PCF management is to withdraw only the RROR although legislation permits the withdrawal of all the interest. Withdrawing only the RROR ensure that the corpus of the fund grows to offset inflationary effects. It is important that the PCF be invested in an account that earns more than the rate of inflation as this will allow capital growth in the fund that will offset the purchasing power declines due to inflation. If all the annual interest continues to be withdrawn each year, then nothing is retained in the fund to offset the effects of inflation. When an interment right or marker is sold and exercised then no further income will accrue to that land or amenity. The income from the PCF must cover the ongoing perpetual care maintenance costs. If the entirety of the interest were to be withdrawn each year, the fund would not grow, and each year inflation would reduce the purchasing power of the fund to cover the cost of that interment right or monument sold. New deposits that are made to offset the future costs of newly sold interment rights and monuments would suffer the same inflationary decline. Year Total PCF Growth Nominal Investment Return CPI RROR 2010 3.4% 5.5% 2.5% 3.0% 2011 3.2% 5.6% 0.5% 5.1% 2012 3.1% 3.1% 1.5% 1.6% 2013 3.2% 3.6% 1.0% 2.6% 2014 2.7% 4.0% 2.0% 2.0% 2015 4.3% 4.1% 2.1% 1.9% 2016 8.1% 0.6% 1.7% -1.1% 2017 4.7% 2.4% 1.4% 1.0% 2018 4.6% 4.7% 2.4% 2.3% 2019 3.4% 5.5% 2.5% 3.0% Averages 9 Year 4.1% 3.7% 1.7% 2.0% 5 Year 4.9% 3.2% 1.9% 1.2% 3 Year 5.8% 2.6% 1.8% 0.7% Page 60 of 146 Page 287 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 4-56 4.4 THE EFFECTS OF INFLATION AND REAL RATE OF RETURN (RROR) Inflation has the effect of raising the cost of perpetual care maintenance each year. Even if the PCF could produce enough interest to fully offset the annual maintenance expense in any given year, unless the interest grows year over year to match the effects of inflation then the interest earned will fall farther behind what is required in each subsequent year. The means to allow the PCF interest to keep pace with inflation is to only withdraw interest at the real rate of return (RROR) which is calculated by subtracting the inflation rate from the nominal rate of return. For example, if the PCF nominal rate of return was 5% and inflation was 2% then the RROR would be 3% annually (5% minus 2%). It is recommended that the City of Niagara Falls reserve in the PCF a portion of the annual interest (including capital gains) equal to the inflation rate as measured by the Consumer Price Index (CPI). Restated, the City should only withdraw the real rate of return (RROR) from its Perpetual Care Fund (PCF) by retaining in the PCF a portion of the annual interest equal to the rate of inflation in order to offset the effects of inflation. Withdrawing only the RROR will allow the fund to grow to offset the effects of inflation. 4.5 REQUIRED BALANCE IN PCF TO OFFSET MAINTENANCE EXPENSE The City of Niagara Falls maintains a total of 106.6 acres of cemetery lands in the 4 active, 4 semi- active and 16 inactive pioneer cemeteries it cares for. Estimated current maintenance expenses at $8,980 per acre per year suggest an annual maintenance cost of approximately $957,300 (2020 dollars). The balance in the PCF that would be required to fully offset that cost into perpetuity may be calculated based upon a forecast RROR. At the projected product mix each new acre of cemetery land will contribute about $600,000 to the PCF (at 2020 prices). The following table shows the required balance and additional contributions required to fully fund the PCF (in current 2020 dollars), assuming: • Annual Perpetual Care Maintenance Expense: $957,300 (2020 dollars). • Current PCF Balance: $4,295,707 (at December 31, 2019) • PCF contribution per acre at projected product mix: $598,200 (2020 prices) Table 4.4 Required Balance in PCF at Various RROR’s RROR Required PCF Balance Additional PCF Contributions Required* Additional Cemetery Land Sales Required 1.0% $95,730,000 $91,434,000 121 acres 2.0% $47,865,000 $43,569,000 57 acres 2.5% $38,292,000 $33,996,000 45 acres 3.0% $31,910,000 $27,614,000 36 acres 4.0% $23,932,500 $19,637,000 26 acres 22.3% $4,295,707 $0 It would require an unrealistically high RROR of 22.3% (about 24% nominal return) to immediately achieve fiscal self-sustainability with the current PCF balance. This is infeasible as such a dramatic Page 61 of 146 Page 288 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 4-57 rise in prices would result in a loss of market share and hence revenue. This will become a problem unless the cemeteries are able to acquire additional cemetery land for development and sale. As shown above, the balance required in the PCF is extremely sensitive to change at low RROR’s. Current economic conditions have made achievement of RROR’s above 1.5% difficult. If a 2.5% RROR in the PCF is achieved, then an additional $34.0 million deposited to the PCF would be required to fully offset maintenance costs at the 24 maintained Niagara Falls Cemeteries into perpetuity. Annual return rates of the PCF and inflationary effects should be monitored each year prior to withdrawal of interest from the fund. Only the RROR (i.e., that excess of return over the rate of inflation) should be withdrawn in any given year. The portfolio should be managed to optimize rate of return (hence RROR). 4.6 REMAINING INVENTORY PCF CONTRIBUTION As shown in Table 3.7 Partial Valuation of Current Saleable Inventory at Active Cemeteries (2020 Prices) in the previous Section 3.3.2, the currently developed interment right inventory will provide about $4.5 million in contributions to the PCF at current (2020) prices and contribution rates. Compared to the $34.0 million needed to fully fund the PCF at a 2.5% RROR this will not be sufficient to reach fiscal self-sustainability without the addition of new cemetery land for PCF contribution. The 1.5 acres of remaining developable cemetery land at the two active cemeteries (and none at the other cemeteries), when fully developed may provide up to $900,000 to the PCF. The existing cemeteries’ remaining developable land and current inventory could contribute a total of up to $5.4 million of the $34.0 million required at a 2.5% RROR. This would reduce the cemetery land sales required to reach PCF self-sufficiency to 35 acres. The $33,996,000 additional PCF contribution required to achieve fiscal self-sufficiency (i.e., to cover the annual maintenance costs) at a 2.5% RROR can be produced by the sale of 48 acres of additional cemetery land. Given that the City of Niagara Falls is the legislated steward of 24 cemeteries which historically did not require PCF contributions prior to 1955 it has a substantial deficit to recover. This will take many years but prudent management of existing properties and the addition of expansion cemetery lands for sale will allow the City to achieve, over time, fiscal self-sufficiency in the PCF so that the City’s taxpayers are not unduly burdened with cemetery maintenance expenses. The preceding analysis is predicated upon the assumption that maintenance costs and required maintenance fees (hence PCF contributions) keep pace with inflation. It is not possible to completely control costs but, at the very least, prices may keep pace with the inflation-driven rising costs. This ensures that each new lot sold will provide a sufficient contribution to the PCF to ensure its perpetual maintenance given the current costs and their anticipated future increases. Page 62 of 146 Page 289 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 4-58 It is recommended that the prices for interment rights as well as maintenance fees be revised annually to reflect (at the least) inflationary increases required to enhance fiscal PCF sustainability. 4.7 ROADMAP TO PCF ADEQUACY To summarize the requirements necessary to achieve ultimate fiscal adequacy in the PCF as described above, we note the following: • Assumptions/Recommendations o Additional cemetery expansion land must be acquired, licenced and developed for sale to provide contribution to the PCF; o Cemetery interment right prices and required maintenance fees should rise each year at least by the rate of inflation; o To the extent that is possible within the municipal staffing framework, it should be attempted to maintain annual increases in perpetual care maintenance expenses within the rate of inflation; o A portion of the annual interest earned on the PCF equal to the annual rate of inflation should be retained in the capital of the fund (i.e. only the RROR is withdrawn); and, o The PCF investment portfolio should be managed to achieve the highest rate of return possible congruent with trust fund principles. • Tools for Achieving PCF Adequacy o Provision of additional cemetery lands for PCF contribution; o PCF portfolio management to optimize RROR; o Control (inasmuch as possible) of perpetual care maintenance expense increases; o Annual control of cemetery interment price and maintenance fee increases (hence PCF contributions) to at least maintain pace with inflation; o Price increases faster than the rate of inflation will reduce both the time and land required to achieve fiscal sustainability in the PCF; o Retention of inflationary increases in PCF corpus (i.e. withdrawal of RROR only) to ensure continued fund adequacy; and, o Development of new cemetery land in a phased fashion as required by demand to supply the necessary contributions to the PCF to reach fiscal adequacy. 4.8 RECOMMENDATIONS • Acquire and develop a new cemetery property of approximately 80 acres. • Achieve a positive Real Rate of Return (RROR) in the Perpetual Care Fund (PCF) by retaining in the PCF a portion of the annual interest equal to the rate of inflation. Page 63 of 146 Page 290 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 4-59 • Annual return rates of the PCF and inflationary effects should be monitored each to guide appropriate withdrawal of the interest from the fund. The portfolio should be managed to optimize rate of return (hence RROR). • Prices for interment rights be revised annually to reflect (at the least) inflationary increases required to enhance fiscal PCF sustainability. • If there are excess or surplus (i.e., “windfall”) sales (sale of significant section or properties) the entire revenue should be directed to the PCF to advance it toward fiscal self-sufficiency. Recommendation 2: The City of Niagara Falls manage the Cemeteries’ PCF by: • Acquiring additional cemetery land to ensure adequate contributions to the PCF to achieve fiscal self-sustainability; • Withdrawing only the Real Rate of Return (nominal interest plus capital gains minus inflation); • Utilizing the withdrawal to offset annual perpetual care maintenance expenses; • The revenue from excess/surplus (i.e., “windfall”) sales should be directed to the PCF in order to advance it toward fiscal self-sufficiency; and, • Capital may be borrowed from the fund for capital expansion but should be repaid with interest adequate to offset inflation. Entrance to Willow’s Rest Green Burial section at Fairview Cemetery Page 64 of 146 Page 291 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 5-60 5 CEMETERY EXPANSION SITE SELECTION A cemetery is the place where most all living persons in any community will have an ultimate appointment. Cemeteries represent an integral aspect of the land use fabric of all communities, small or large, urban or rural. They are a necessary functional and social element servicing a community's needs for appropriate disposition alternatives and memorialization of the community's dead. The municipal planning process for conventional land use approvals may range from on the short term 5-10 years before the next 'best' land use evolves for any given land base. However, in the business of cemeteries 20 -25 years is considered short term given the average populace generation replacement approximates 25 years. Since cemeteries accommodate inherently many familial generations a much longer land use planning horizon is required, more typically in the 100-year range. This range would still only serve up to 4 generations of any given family. Atypical of general, more traditional land uses, cemeteries represent a permanent or forever, land use. Considering this perspective there are no re-use or re-development potentials for lands developed/used as cemeteries as they serve an intergenerational land use to meet the general public's needs for disposition and memorialization of its deceased going forward. 5.1 SITE SELECTION CRITERIA There are 11 primary criteria the City of Niagara Falls should bear in mind in its offsite cemetery expansion endeavours. These are irrespective of site-specific criteria and related planning / design criteria arising from ultimate cemetery development objectives, chronological context and a given site's physiographic characteristics. These 11 key criteria are as follow: 5.1.1 Permanency of Land Use Foremost, cemetery site selection criteria need to acknowledge permanence of land use associated with cemetery development. Current regulatory agencies governing cemetery development and operations have virtually mitigated the possibility of a cemetery's abandonment, relocation, or re-use of its land base. 5.1.2 Land Use Zoning This aspect entails compliance with existing zoning for a given land base or the reasonable likelihood of amending any existing zoning for said subject lands to facilitate cemetery development / evolution. Page 65 of 146 Page 292 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 5-61 5.1.3 Land Needs / Procurement Cemetery development needs to begin well in advance of depletion of the City's existing overall inventory at its current cemeteries to provide a continuum and offer marketable alternatives to the citizenry. Given the extreme shortage of available developable land within the existing Niagara Falls cemeteries it is imperative the City begin the process to acquire and develop a new cemetery to serve the community before the existing cemeteries exhaust their remaining inventory. 5.1.4 New Cemetery Land Size The recommendation to accommodate Niagara Falls’ future cemetery land needs indicates a parcel size of about 80 acres would serve the City for the foreseeable future (over 100 years). Interim land uses for an area proposed for ultimate cemetery use might include agriculture, sports fields, dog parks, community gardens, etc. Agricultural use is the best interim use of future cemetery land. It is ideally suited for use and it is easy to displace when need for cemetery use. Caution accommodating other such temporary uses must be exercised. Such uses can and have proven to be difficult to re-assign for Cemetery purposes if appropriate policy and ongoing management of same are not sound and rigidly, publicly, adhered to. For example, the end use, ultimately intended for Cemetery purposes should have a plethora of continually updated information signs posted throughout the site, biannual minimally, media releases, identifying alternate land uses occupying the site on an interim basis are TEMPORARY ONLY. As cemetery development / use draws nigh such publicity / signage needs to reflect an expiration date of the temporary land use. This approach of course lends itself to phased in cemetery development / phased out temporary uses in an appropriately informed manner to offset the normal public outcry of foul once cemetery development commences. 5.1.5 Location, Location and Location Ideally, the proposed cemetery should be located with convenient access to urban areas and local service suppliers (i.e., funeral homes and municipal service operations). Inevitably as the City grows, the availability of suitably sized parcels within urban areas decreases. As the parcels are available at the periphery of the urban areas opportunities for sharing services with adjacent municipalities (such as Thorold) should be considered. This could permit the sharing of costs and operations benefitting both municipalities. 5.1.6 Site Topography A site's existing topography should be considered and ideally not require a large amount of regrading to suit optimum cemetery requirements. In-ground interments, particularly full casketed burials, are not recommended on slopes of more than 8%. Ideal terrain for site operative safety and accessibility, including for cemetery working crews/equipment and visitors alike, is 3-5%. Typically, when calculating / assessing Cemetery land needs for net burial purposes the acreages of slopes greater than 8% should not be factored in when determining burial lot yields of a site. Steeper slopes / embankments pose the risk of being unstable and again can markedly reduce available developable portions of any new lands. Page 66 of 146 Page 293 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 5-62 5.1.7 Soils / Geotechnical Factors It is prudent and advisable to conduct at least a preliminary geotechnical investigation of lands otherwise felt to be desirable for cemetery use in advance of closing on potential cemetery lands. Cemeteries are much about what lies below the surface thus such an investigation reveals required knowledge of the nature, extent and depth of groundwater, soil types, juxtaposition / location of near-to-the-burial-zone bedrock etc., prior to making a land purchase for cemetery purposes. 5.1.8 Site Serviceability / Utilities / Site Access Road Systems Cemeteries are ideally sited for visual access by passersby as they become, over time, community landmarks and grow in their own aesthetic appeal if managed appropriately. They, in that regard, afford a heightened 'sense of place' in a community. In addition, reasonable public and private vehicular access should be available for traffic to and from the site. Cemeteries can be reasonably stand alone, self sustaining entities within the urban fabric in their early years, often well ahead of conventional neighbouring land uses requiring full services etc. They may well benefit as such amenities become more economically available to their operations, especially as their internal operations evolve / expand. However, use of propane for building / water heating and even crematoria is feasible. Electrical requirements can be met by wind turbine generated power or by solar means. Potable water service can be met by on site wells / treatment facilities and sanitary requirements by septic amenities. Stormwater ponds can provide heightened site aesthetics, water for irrigation and firefighting needs, etc. 5.1.9 Existing Site Vegetation / Water Bodies Proposed lands which are heavily wooded, require extensive clearing for burial purposes, or those unduly compromised by wetlands, natural ponds, lakes, creeks, rivers, etc. must be assessed very carefully relative to potential environmental issues / constraints to development. Such features may even impact potential cemetery development by being contiguously adjoined but offsite of the proposed cemetery lands. Contrary to the above, wooded nodes, mature specimen trees or copses of younger trees on site or bordering same can markedly enhance cemetery site aesthetics. Wetlands, natural ponds can likewise be added features at a cemetery if the land allocated for same is not overly detrimental to a site's burial yield needs. 5.1.10 Adjacent Land Uses Residential neighbours in existing developments may develop a ‘Not In My Back Yard’ attitude discouraging a cemetery development from occurring. Nearby farming operations, sewage treatment facilities, rendering plants, or chemical plants, especially those upwind of a proposed cemetery site subjecting the cemetery to downwind circumstances, may produce offsetting odours for visitors to a place of sanctity. Noisy factories, airport noises or highway traffic noises can likewise detract from a cemetery setting. Page 67 of 146 Page 294 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 5-63 Offsite views are important too, it is not just olfactory or auditory issues negatively impacting a cemetery visitor's impression of a cemetery as a place of final rest for their loved one. 5.1.11 Land Base Configuration Ideally a proposed cemetery site would have two access / egress points and be configured boundary wise to optimize its internal road layout in a cost effective land use manner, primarily 'double loading' burial sections from each side of the cemetery's roads .A somewhat square or rectangular configuration acreage is typically more desirable and developed more efficiently than a long narrow site which creates considerable fencing requirements disproportionate to the land base's practical use. It may also limit an appropriate internal road network and accessibility to and from key cemetery 'hubs' like sales / administration facilities, service / maintenance facility zones, mausolea structures, etc., as applicable. A site located within a municipality's development boundary fringe areas but that still has reasonable ease of access by all users including visitors, the public at large, service providers and cemetery employees is likely to be less costly to acquire and re-zone than property more centrally located within the urban fabric. The latter option may also have more development issues in addition to its higher land costs and limited possibilities for expansion opportunities over time. 5.2 POTENTIAL CEMETERY EXPANSION AREAS There is little (about 1.5 acres) remaining developable cemetery land within the City-owned cemeteries. It is therefore prudent that the City evaluate and acquire future cemetery expansion lands. There were six (6) properties evaluated in this study, from which a clearly preferred option emerged. The preferred property is the City-owned property on Mewburn Road which was previously identified for cemetery development in the 1993 Mountain Road Recreation Area End Use Concept Plan. It meets or exceeds all of the evaluation criteria for cemetery expansion: • It is City-owned land (i.e., no purchase cost); • It is of adequate size to permit long term sustainability; • It is located conveniently close to current cemetery operations, City urban areas and local funeral homes; • It is well connected to the trail and parks system, adjacent to the Laura Secord Trail, Bruce Trail and near Fireman’s Park; • It has a suitable mix of open space, woodlot for green burial and river/water feature; and, • It has the opportunity to accommodate potential future joint services with Thorold. • Recommendation 3: The City of Niagara Falls: • • Plan for and develop a new 75-acre cemetery on the Mewburn property to serve community needs and advance the cemeteries toward fiscal self-sufficiency. Page 68 of 146 Page 295 of 817 Page 69 of 146Page 296 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 6-65 6 COMPETITIVE PRICE ANALYSIS 6.1 COMPETITIVE PRICE ANALYSIS Current prices for cemetery interment rights, products, and services at the active Niagara Falls cemeteries were compared with six local and regional municipalities: • Niagara Falls (2016 population – 88,071); • St. Catharines (2016 population – 133,113); • Brantford (2016 population – 97,496); • Lincoln (2016 population – 23,787); • Fort Erie (2016 population – 30,710); • Thorold (2016 population – 18,801); and, • Welland (2016 population – 52,293). St. Catharines and Brantford are larger while the rest are significantly smaller. Niagara Fall also has the greatest historical significance of the surrounding municipalities which results in premium value for its historical cemeteries. (copies of price lists and detailed tables of prices are attached as Appendix 3). The smaller surrounding municipalities’ (Lincoln, Fort Erie, Thorold and Welland) price lists are included for reference, but it must be kept in mind that they have small cemetery operations with limited staff who may be only partially assigned to cemetery duties. Niagara Falls Cemeteries has a staff of full-time dedicated cemetery workers who have helped the cemeteries achieve their prominent position in the City. Prices at Niagara Falls Cemeteries are generally well in line with comparable municipal cemeteries. • The cemeteries wisely charge a $200 fee for interments in those lots purchased prior to 1955 which made no PCF contribution. • Prices for upright monument cremation lots and columbarium niches might be raised to bring them in line with regional averages. • The hourly surcharge rate for late arrivals might also be raised. • Niagara Falls Cemeteries have arranged for regular staff shifts to perform popular Saturday interments without incurring overtime costs thus permitting no surcharge for Saturday services which provides a competitive advantage relative to regional and analogous cemeteries. • Cemetery management has been diligent in reviewing staffing needs and ensuring prices are adequate to offset relevant costs. Page 70 of 146 Page 297 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 6-66 Table 6.1 Niagara Falls Cemeteries’ Competitive Price Comparison with Regional Averages Cemetery Product/Service Niagara Falls Cemeteries Regional Average Difference $ % Interment Rights Adult Upright Monument Casket Lot $2,204 $1,730 $474 27% Adult Flat Marker Casket Lot N/A $1,039 Child Casket Lot $880 $773 $107 14% Infant Casket Lot $880 $555 $325 59% Upright Monument Cremation Lot $1,234 $1,350 -$116 -9% Columbarium Single Niche $844 $913 -$69 -8% Columbarium Double Niche $1,846 $2,156 -$310 -14% Interment Services PCF for pre-1955 Lot $200 N/A Adult Casket Interment $1,506 $1,119 $387 35% Child/Infant Casket Interment $753 $531 $222 42% Cremation Ground Interment $477 $427 $51 12% Columbarium Niche Inurnment $375 $334 $41 12% Oversize Urn Interment $715 N/A Cremation Scattering $233 $255 -$22 -8% Disinterment – Adult Casket $2,500 $1,744 $756 43% Disinter/Reinter Casket $4,276 $3,336 $940 28% Disinterment – Cremation Ground $704 $526 $178 34% Disinter/Reinter Cremation Ground $1,192 $935 $257 27% Disinterment – Columbarium Niche $179 $179 $0 0% Surcharges Late Charge $113 /½hr $167 /½hr -$54 -32% Saturday N/A $378 Sunday/Holidays Casket $858 $721 $137 19% Sunday/Holiday Cremation $429 $413 $16 4% Less than 1 Day Notice - Casket $271 N/A Less than 1 Day Notice - Cremation $135 N/A Companion Urn (with first) $81 $63 $18 29% Non-Resident Surcharge 20% to 75% Administrative Fees Interment Rights Transfer $81 $78 $3 5% Duplicate Certificate $41 $45 -$4 -9% Record Search $41/hr N/A Page 71 of 146 Page 298 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 6-67 Table 6.2 Niagara Falls Cemeteries’ Competitive Price Comparison with Comparative Municipalities Cemetery Product/Service Niagara Falls St. Catharines Brantford Lincoln Fort Erie Thorold Welland Interment Rights Adult Upright Monument Casket Lot $2,204 $2,107 $1,647 $2,250 $1,466 $1,007 Adult Flat Marker Casket Lot N/A $1,363 $1,402 $1,026 $889 $848 Child Casket Lot $880 $1,525 $611 $541 $338 Infant Casket Lot $880 $666 $611 $541 $309 $377 Upright Monument Cremation Lot $1,234 $2,060 $786 Columbarium Single Niche $844 $2,410 $982 Columbarium Double Niche $1,846 $1,903 $2,744 $1,896 $2,218 $2,589 Interment Services PCF for pre-1955 Lot $200 $900 Adult Casket Interment $1,506 $1,334 $1,061 $1,350 $787 $654 Child/Infant Casket Interment $753 $604 $430 $454 Cremation Ground Interment $477 $524 $348 $480 $269 $454 Columbarium Niche Inurnment $375 $478 $163 $383 $269 Oversize Urn Interment $715 Cremation Scattering $233 $276 Disinterment – Adult Casket $2,500 $2,855 $1,550 $1,630 $861 $1,039 Disinter/Reinter Casket $4,276 $2,349 Disinterment – Cremation Ground $704 $390 $476 Disinter/Reinter Cremation Ground $1,192 $665 Disinterment – Columbarium Niche $179 Surcharges Late Charge $113/½hr $190/½hr $170/½hr $187 $72/hr $169/½hr Saturday N/A $381 $501 $380 $135 Sunday/Holidays Casket $858 $495 $1,082 $269 Sunday/Holiday Cremation $429 $609 $375 Less than 1 Day Notice - Casket $271 Less than 1 Day Notice - Cremation $135 Companion Urn (with first) $81 $45 Non-Resident Surcharge 20% 75% 25%-80% 50% Administrative Fees Interment Rights Transfer $81 $73 $65 $125 $68 $53 Duplicate Certificate $41 $73 $31 $35 $45 Record Search $41/hr Page 72 of 146 Page 299 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 6-68 6.2 CEMETERY REVENUES AND EXPENSES In addition to market comparisons, it is important that prices are set sufficiently high to offset the associated costs both capital and operating costs (including adequate funding for the Perpetual Care Fund or PCF) for the long-term fiscal sustainability of the cemetery. To achieve this goal, a clear understanding of cemetery revenues and expenses is necessary. As a rule, prices should be set so that all of the associated costs are recovered through the fees. Council may decide that tax roll subsidy is to be provided but should do so with rational and careful forethought. There are three classes of cemetery revenues and expenses that should inform pricing policies. These are: interment right sales revenue, operational expenses, and perpetual care maintenance expenses. 6.2.1 Cemetery Revenues Cemetery operational revenue is derived from those fees charged for cemetery services and products (not including interment right sales). These cemetery-specific services, such as openings/closings, monument foundations, administrative fees, etc., will cease once the cemetery’s interment rights are sold and occupied. The fees charged for these services should be set at a rate adequate to offset their immediate direct and indirect (administrative overhead) costs. There is no direct revenue for perpetual care maintenance other than the fee that is to be reserved in the perpetual care maintenance fund (PCF) and any excess residual revenue from other sales. Interment right sales generates revenue that may be divided into three streams: capital replacement reserve, perpetual care maintenance fund reserve and current revenue. Cemetery interment rights are a depleting asset. Every lot or niche that is sold uses a portion of the available land until it is all sold. Therefore, a portion of the revenue from each interment right sold should include a contribution to a capital reserve fund for the replacement (i.e., purchase) of the land and development costs to replace the interment right sold. For example, a sufficient portion of the revenue from the sale of 750 casket lots in a one-acre section to purchase and develop another one-acre section of casket lots should be set aside in a capital reserve for that purpose. A more immediate example is the sale of columbarium niches. The revenue from the sale of all the niches in an individual columbarium should include the reserving of capital funds adequate to purchase the next columbarium to replace the one sold. The contribution to the perpetual care maintenance fund (PCF) is to be used to generate interest (and/or capital gains) to fund the ongoing perpetual care maintenance expenses that have no other direct source of income. Finally, the remaining portion of the interment right sales revenue should be used to offset the current operational expenses associated with the sale of that right (i.e., sales, recordkeeping, administration, and overhead costs). Page 73 of 146 Page 300 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 6-69 Any excess revenue from operational sales or interment right sales that exists after the other requirements have been met may be used to offset current perpetual care maintenance expenses. 6.2.2 Operational Expenses Operational expenses (i.e., those cemetery-specific services such as openings/closings, monument foundations, etc. that attract revenue) should be entirely offset by the price charged for those services. The revenue allocated for these expenses is generated at the time the expenses are incurred (e.g., the fee for opening/closing is received at the time that the opening/closing occurs). These services should be fiscally self-sustaining, and they will cease (both expense and revenue) when the cemetery is sold out and occupied. Operational expenses should be entirely covered by the fees charged and collected at their time of provision. Any excess should be directed to a cemetery reserve fund. 6.2.3 Perpetual Care Maintenance Expenses Cemetery perpetual care maintenance expenses (i.e., those more general grounds maintenance activities such as snowplowing, turf and tree maintenance, and road and fence repair) do not attract direct revenue to offset expenses and will continue into perpetuity. As maintenance expenses do not attract any revenue as they are performed, they must be supported by funding from other sources. A portion of the operational revenue accruing to operational activities may be utilized to offset ongoing maintenance costs while the cemetery is in active selling mode. It must be understood that over the long term the only two relevant sources of revenue to offset ongoing perpetual care maintenance expenses are income from the Perpetual Care Fund (PCF) and/or municipal tax roll subsidy. It is prudent to plan for the PCF to reach fiscal adequacy (i.e., annual income fully offsetting annual maintenance costs) by the time the interment rights inventory is sold out (at which point there will be no further contributions to the PCF). 6.3 PRICING RECOMMENDATIONS Regarding operational (i.e., cemetery services) pricing, the most important task is ensuring that operational prices are set appropriately to offset all current operational expenses with operational sales revenue. Cemetery management should continue its practice of regularly reviewing staffing needs and prices in order to ensure that staffing levels are appropriate and prices are sufficient to offset expenses. Interment rights sales revenue should be split into three streams (capital replacement reserve, PCF contribution and the remainder to current associated costs). Prices at Niagara Falls Cemeteries are generally in line with regional averages. There are several opportunities noted previously for price increases. Activities that have incrementally increased costs (such as winter interments) should also be evaluated for additional charges. The objective of the pricing policy is to ensure that the prices accurately reflect the total cost of the products and services being offered to ensure a fair ‘user-pay’ model. The Municipality has means Page 74 of 146 Page 301 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 6-70 and methods to support those citizens who are suffering financial distress and would otherwise struggle to pay their full share while the remainder can carry their proportional burden. Prices should continue to be raised each year to ensure that they keep pace with the inflationary rise in costs. Recommendation 4: It is recommended that the City of Niagara Falls: • Adjust prices as described above, including; • splitting interment right sales into 3 parts (PCF contribution, operations & capital development reserve); and, • Continue to adjust prices annually to reflect changes in the Consumer Price Index. Stamford Green Heritage Columbarium - Exterior Page 75 of 146 Page 302 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 7-71 7 MARKETING PLAN The Niagara Falls Cemeteries are industry leaders in programming and promoting their cemeteries. They have proactively implemented many of the programs described later in this section. The management of Niagara Falls’ Cemeteries, as most public service facilities, are organized to provide a public benefit and are not usually required to achieve fiscal breakeven. It may be argued that the provision of cemetery services should be largely borne by the consumers who utilize that service. One perspective to consider is that of those who have purchased interment rights prior to need. They have paid a portion of that fee for the perpetual care of that interment right. Why then should they be burdened with tax roll subsidy of the cemeteries? Cemeteries that operate at fiscal breakeven with appropriate fees equitably transfer the burden to those who utilize the cemetery. Given the age and number of cemeteries Niagara Falls is responsible for and the relatively recent introduction of perpetual care maintenance funds (post 1955) it is not unexpected that t he City of Niagara Falls’ Cemeteries, operate at a fiscal deficit. The purpose of this plan is to outline strategies by which the City may advance the cemeteries toward fiscal self-sufficiency over time. To achieve this end, there are three aspects that must be monitored: • Cemetery prices: o should be adequate to offset their associated operational, administrative, tangible and intangible costs; ▪ A portion of each interment right sale should be directed to a capital reserve to replace the interment right sold. o should rise to keep pace with inflation to remain adequate; and, o (refer to the previous Section 5 for a discussion of pricing strategies) • Operational costs: o Increase should be maintained (as much as possible) at or below the rate of inflation. • Cemetery marketing: o Product and service offerings should be aligned to current and forecast consumer demand; and, o Public awareness and perception of the cemeteries should be enhanced through programs and advertising. The first two parameters are discussed elsewhere in this report. Cemetery marketing has become vitally important to the long-term sustainability of the cemeteries as the cremation rate has risen and continues to rise. Prior to the introduction of cremation cemeteries were a legislated requirement as the only location for the burial and entombment of human remains. With the introduction of cremation cemeteries have become entirely optional. It is thus important that cemeteries provide value to consumers by providing demanded products and services. Furthermore, cemeteries must increase the public awareness of these offering s through programs and advertising. In addition to public outreach the City cemeteries should continue coordination and cooperation with local funeral homes who provide the bulk of the consumers to the cemeteries. Page 76 of 146 Page 303 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 7-72 7.1 CITY OF NIAGARA FALLS CEMETERIES’ COMPETITIVE FRAMEWORK 7.1.1 Strengths The City of Niagara Falls Cemeteries enjoy a prominent position in the local after-death care market. With over 200 years of history, they contain memorials to some of Niagara Falls’ most famous and influential citizens and historical events. There is a continuing demand for plots and niches in the 4 active and 4 semi-active cemeteries. Niagara Falls’ cemeteries contain over 51,000 interments, representing more than 53% of the City’s current population, which speaks to the historical importance of the City’s cemeteries. As an independent operator, the City is not associated with any of the various entities in the after-death care industry. This allows it to remain unbiased in providing services to all its customers. Many of the independent funeral homes are reluctant to support the cemeteries of the corporate players (such as Pleasantview Cemetery in Fonthill) whom they perceive as competing directly with them for funeral services. 7.1.2 Weaknesses The corporate cemeteries through their vertical integration have a built-in market for their cemetery services that flows through from their funeral homes and crematoria. To overcome this natural competitive disadvantage, the City of Niagara Falls should market directly to the public and provide high quality product inventory, particularly for the cremation market. The City Cemeteries suffer from a critically limited inventory of remaining developable cemetery land. Without additional cemetery land contributions to the PCF will be limited. Expansion of cemeteries will allow the City’s PCF to eventually achieve fiscal self-sufficiency. 7.1.3 Opportunities As outlined in the Section 3 the market for cremation services is expected to grow at an annual rate between 2% and 4% for the next 25 years. This trend will provide opportunity to all those who offer services directed towards cremation. Furthermore, the increase in both population and death rate will result in an increasing number of annual deaths and hence a larger market size. As an independent operator the City of Niagara Falls may increase its marketing effort without offending its funeral home customers. The 4 funeral homes in Niagara Falls are all independently owned. Independents represent the typical current market for the City cemeteries. A marketing effort targeted toward the public directly may have the effect of increasing the City’s market share of annual burials and cremations. There is also increasing interest and demand for green burial options. Willow’s Rest at Fairview Cemetery is Niagara’s first green burial section to serve this growing need. 7.1.4 Threats The City Cemeteries’ share of the total market has been declining slightly with respect to both casket and cremation dispositions. The potential inability to arrest or reverse this decline represents the largest single risk in this endeavour. At the current rate of decline the City of Niagara Falls Cemeteries’ market share of casket burials will decline from 70% to 55% by 2040. Likewise, the City’s market share of cremation dispositions will decline from 50% to 45%. Some of this decline has occurred due to consumers’ declining interest in full casket burial. Development of additional aesthetically pleasing cremation disposition and memorialization alternatives will help offset this decline. The Willows Rest green burial amenities will also help arrest the decline in casket burial market share. Page 77 of 146Page 304 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 7-73 7.2 ADDRESSING CHANGING MARKET DEMANDS The City’s Cemeteries proactive sales approach should continue to be utilized to reinforce and maintain the importance of Niagara Falls’ cemeteries to the forefront of awareness in the community. The largest impact on cemetery operations has been the rising demand for cremation. It has transformed demand for cemetery products and services from a legislated requirement (for casket interment/entombment) to an entirely optional exercise for the cremation consumer. The demand for cremation is anticipated to continue rising for the next Marketing of public sector services to enhance revenue streams of a given operative within the public regime is a relatively new strategy. Typically, municipalities should draw on private sector models or other public institutions experiencing success in a given operative venue. An increased budget for marketing efforts within the context of a comprehensive marketing plan will result in increased revenue at the City cemeteries. This will in turn reduce the need for tax roll subsidy as well as work toward ensuring the long-term financial adequacy of the PCF. There are many issues related to marketing cemetery services and products. Generally, a pro- active sales approach must be realized to reinforce and maintain the cemetery products and services to the forefront in the community. Dying and after death care are not on the top ten list for most citizens of any population base, no matter how inevitable their reality. It is therefore about a gentle awareness program, an infusion of the reality stream into the available market, (i.e., everyone!) that ultimately engenders success in a cemetery’s fiscal endeavours. A successful marketing program needs to be broad to cover all required aspects of reaching the buying public in need at their time of need. The City, without its own crematorium or funeral home on site, lacks the opportunity to be on the front end of such purchasing decisions most often realized in such facilities. The City must continue to be pro-active in formulating additional “partnership” alliances with those funeral homes, crematoriums, etc., who in turn need Niagara Falls’ Cemeteries for disposition of remains they are processing. Niagara Falls should proactively enhance pre-need sales and its capacity to provide attractive interment and memorialization options to a wide range of clientele, in particular a rising number of customers seeking cremation as their final choice. A successful marketing program needs to be broad to cover all required aspects of reaching the buying public in need at their time of need. The cemetery is not usually the first point of contact at the time of need as customers typically go through a funeral home first. It is thus important to maintain close relationships with all the local funeral service providers and allied service partners. Page 78 of 146 Page 305 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 7-74 7.3 MARKET CONDITIONS All the growth in the after-death care market in Niagara Falls will occur in cremation for the next 25 years. Cremation consumers have disposition and memorialization options that do not involve the cemetery. It is therefore important that the cemetery increase public awareness of the value that it provides for cremation consumers to encourage cemeteries as the place that will always be there for visitation, a family continuum for final resting peace of loved ones. 7.4 FACILITY CONDITIONS Overall, the four (4) active and four (4) semi-active, as well as the ten (10) inactive cemeteries maintained by the City are very well-maintained in a neat and orderly fashion. Grounds maintenance is performed on a regular schedule. Staff is well-regarded in the community and responsive to community concerns. 7.5 MARKETING OBJECTIVES Marketing objectives direct the development for strategies and action programs. Niagara Falls’ Cemeteries have been very successful in their marketing efforts. The list below outlines some of their many successful programs as well identifying some potential new practices: • Expanded memorialisation options/examples: (The following list identifies opportunities and records them as a base check continuum for cemetery management personnel. City of Niagara Falls Cemeteries progressively offer many of these options currently they and should be continued.) o Addition of aesthetically-pleasing cremation gardens as needed with a variety of cremation disposition and memorialization alternatives and price points: ▪ 3 new columbaria are being added at Maple Grove in Fairview Cemetery in 2021; ▪ Stamford Green Heritage Columbarium offers indoor columbarium niches. o Temporary grave markers. This “public relations device” softens the unmarked grave scenario while family awaits the arrival of a final marker for th e gravesite. This aspect would be included in the initial service cost. o The Niagara Falls Cemeteries currently offer memorial benches and trees. This program may be expanded to offer memorialization of boulders (“Memory Stones”) and other landscape elements such as sculpture features, ‘garden’ gates, etc. o The Cemeteries offer special services related to landscape feature/gardens i.e.: annual plant maintenance program for an annual fee. • Community Events o Niagara Falls Cemeteries offer many community events to encourage people to become acquainted with the City Cemeteries, including: ▪ Walking tours through the cemeteries; Page 79 of 146 Page 306 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 7-75 ▪ Historical tours featuring prominent figures such as former politicians; ▪ Re-enactments of historic events at Drummond Hill Cemetery; ▪ A cross-border tour comparing Niagara Falls Cemeteries to one in the U.S.; and, ▪ Staff are currently preparing a digital self-guiding tour through the cemeteries. o Fairview Cemetery has hosted several grief counseling outreach programs, including: ▪ Death café; ▪ Grief share; ▪ Death Doula meeting o The City Cemeteries maintain a Facebook page that is regularly updated with current events and activities; o The Cemeteries’ website contains a wealth of pertinent information regarding the cemeteries; including: ▪ Historical and specific information on the cemeteries; ▪ Extensive genealogical searches; ▪ Cemetery fees, bylaw and consumer information; and ▪ Online payment options to facilitate out of town purchases. o They also work with a local genealogical society to identify and promote the historical significance of the cemeteries. • Graveside Services o City Cemetery staff prepare gravesites for interments with dressings, carpets and seating. A tent may also be provided for a fee; o The City might provide (at an appropriate fee) a portable sound system for graveside eulogies/services, background music, etc. (especially helpful to those with hearing disabilities – most notably the aged – the largest attendee group). and, o The City Cemeteries provide a flower bed sponsorship to provide grave flower beds for an annual fee. • Memorialisation ‘Leases’ This concept is extremely important to the long-term bottom line for the cemeteries. In effect it allows the cemeteries to not sell ‘forever’. Once a cemetery commits to selling a memorialization opportunity it is theoretically in perpetuity. In lieu of this, the intent is that the cemetery leases the right to memorialize to an individual (on a plaque installed on a bench, boulder, tree, wall, foot bridge, etc.) for a reasonable but definite (i.e.: not forever) time span. The typical lease term might approximate 5-7 years. It should include a right of first refusal for renewal. This allows new rate increases assuring necessary upgrades to the feature are being met financially, renewed interest in a feature, or the opportunity to effect a change if need be. It also allows over time someone else an opportunity to ‘buy into’ memorializing their loved one. The City Page 80 of 146 Page 307 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 7-76 must always think of gains and long-term realities of perpetual care in its approach to whatever it installs or allows to be installed on its cemetery grounds. • ‘In Memory Of’ Donations These constitute a potential revenue generating program for the cemeter ies. At the same time, it offers special memorialization opportunities for those seeking them, and who are willing and able to afford same to memorializing the past life of someone dear to them now interred in one of Niagara Falls’ cemeteries. Many of these special features (i.e.: water fountains, sculptures, etc.) may entail substantial capital dollars and their implementation could occur by outright donation from one individual or by a multitude of donations by various individuals or stakeholder groups ‘buying into’ development of a feature with the actual memorialization occurring on a common plaque or on individual plaques. In some cases, the City may develop the feature and finance same through the “buy in memory of donations” of others. The City Cemeteries have received donations of features including last year’s donation of two benches and a large urn as a centrepiece for a feature garden in Section 16 of Fairview Cemetery. The City should continue to lead the way for such special features, establishing guidelines to ensure quality, longevity, low maintenance characteristics, high aesthetic appeal, etc., sometimes just offering plans for such development as the ‘seed’ to the public will stimulate a prospective donation into being realized. 7.6 MARKETING PRACTICES Niagara Falls Cemeteries have been forward thinking These are not always direct result producers (i.e.: a sale). Ofttimes they are an attitude/impression enhancer, a public relations stroking of potential clients and will be perceived as a true complement to the onsite services provided by your cemetery. Effectively practised by any City staff associated with the cemeteries these ideas will provide positive marketing results. They are not intended to be prioritized. • Recommendations o Encourage staff participation in community organizations such as Rotary, Kiwanis, Legion, etc. to raise critical public awareness of the City’s cemeteries. o Listen carefully and understand clients’ needs, wants, desires and their budget. o Provide meaningful, personalization and innovative services and products to satisfy clients’ needs (burial or cremation). o Create positive changes that are focused on your consumers’ demands. o Learn from your ‘silent’ partners – the local funeral homes, other area cemeteries. Page 81 of 146 Page 308 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 7-77 o Build opportunities for strategic partnership alliances (i.e.: funeral homes, product/service suppliers, area crematorium owner/operators). o Position the cemeteries to compete in your marketplace today and as it will likely evolve in the next 5 – 10 years, including the green burial and pet cemetery trends. o Train field and office staff in appropriate deportment in the presence of the newly bereaved or other visitors to the cemetery. Have them do their very best at all times for the cemeteries’ clientele. When that is not enough (and understandably at such stressful time for some individuals it can’t ever be enough) have staff be aware to offer “we’re very sorry, we can’t do anymore”. Typically, such complaints are not meant to be personally directed toward staff but are a response to the circumstances of loss and resultant grief. Grief awareness programs are available and cemetery staff at all levels will benefit from exposure to them. • Provide designated pre-arrangement counsellor(s) with the following responsibilities: o Explain all products and services, making certain families understand their features and benefits, to assist them in making their decisions. o Provide information on burial versus cremation options. Provide cost options for every possible component of a cemetery service/memorialization, preferably in written form. o Provide a varied range of cemetery services and products, including basic offerings. Provide information sheets to consumers to help them understand the benefits and value of the products and services offered to them. o Provide and explain services and product options, stressing personalization opportunities. o Have information readily available on pre-planning one’s cemetery needs/memorialization (pros/cons). 7.7 MEDIA/PUBLIC MARKETING ACTIVITIES Cemetery management has been proactive in promoting the cemeteries through their Facebook page and outreach activities. More and more the public is fascinated with genealogical origins and web sites have quickly become a fantastic way to spread this information. It would be beneficial to promote the City’s facilities, its tariffs, and its by-laws for today’s prospective online shopper. The City may decide to publish a cemetery newsletter either online or as an interest column in the local newspaper, carrying a message promoting any one of or all of the City’s cemeteries. Use the various types of media to educate/inform consumers about the things important to them (i.e., pre-arrangement, cremation personalization services and products, hours of operation, tariffs, interment alternatives, payment plans, etc.). This can enhance the cemeteries’ profiles in the community helping to gain the image and respect the City desires from its customers. 7.8 COMMUNITY ACTIVITIES • Recommendations Page 82 of 146 Page 309 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 7-78 o The City should, complete with its own reasonable guidelines for such use, offer cemetery grounds to local (qualified) interest groups who would provide ‘friendly’ tours of the cemetery accommodating different comfort levels for people to visit the cemetery – to become exposed to it in a non-traditional/ non imposing manner. Such tours might include historic walks, ‘spirit’ walks, horticultural tours, bird watching, etc. o Cemetery staff or the City’s PR team might write monthly columns in local papers/journals about Niagara Falls’ cemeteries history, or those activities associated with them (i.e.: cremation versus casket burial, etc.). 7.9 OTHER MARKETING APPROACHES Implementing a variety of these marketing recommendations may be a taxing issue for City staff based on the City’s current structure. It is City staff on hand who must, on a continuum; effect the plan to produce optimum results. • Recommendations o Take a critical look at your services and client relations with an eye to satisfying even more people in the future. o Find ways to better understand consumer needs and wants (i.e.: research, formal/informal) and be proactive in providing innovative services and projects. o Get client feedback as to the value of your services; send questionnaires (by email or regular mail with return postage paid) a few weeks later and follow up with a phone call. o Ensure pamphlets about cemetery services/memorialisation planning and costs are visible (i.e.: upright holders) so funeral attendees and visitors can help themselves. o Include favourable comments (from questionnaires or phone calls) in promotional material. o Meet and work with families with this quote in mind: “People don’t care how much you know, until they know how much you care”. 7.10 IMPROVING DELIVERY OF CEMETERY SERVICES TO THE PUBLIC Improved services will include upgraded appearances and perpetual care standards. To make the public comfortable with greater ‘buy-in investment’ interest in a cemetery, the City may have to front certain costs to illustrate its intent and results by raising service standards in a tangible manner. This may mean landscape and sign improvements, entry treatment upgrades, building components including accessibility, and safe clean public washrooms on site and appropriate sales/administration facilities. • Recommendations o Implement landscape and sign improvements, entry treatment upgrades, provide safe, clean, accessible uni-gender washrooms onsite. Page 83 of 146 Page 310 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 7-79 o Partnership alliances may be struck with selected suppliers (i.e., funeral homes, monument suppliers, crematorium, florists, etc.) o The City will have to be as much a ‘front end’ provider of the after-death care process as any of the local related facilities for the City’s cemeteries to survive as a viable community entity which meets community burial needs. o The City, relative to its cemetery properties, must make very careful objective assessment of any proposed agreements with the private sector. The City must always protect its assets; identify its liabilities and the perceived image for any such arrangement, prior to finalizing any negotiations with private interests. It is not to say deals shouldn’t be made but the arrangement must be fair with a ‘win-win’ situation for all participants. It takes staffing (or drawing on existing City PR staff, or outside municipal resources of volunteers) to organize promotional programs (i.e.: historic walking tours, grief programs, horticultural and naturalist groups, etc.) to develop cemetery related programs. Detailed Site Design by professionals knowledgeable in the cemetery consulting field will also yield results for the City, through lot layout design, special cemetery/garden features, creating a variety of interment options/mixes to best suit forecast demand/land needs, aesthetics, maintenance aspects, development costs and optimum revenue streams for the City. Enforcement in a fair and consistent manner the existing (or as revised) By-Laws/Regulations for Niagara Falls’ cemeteries is another inexpensive short-term objective. This ‘must do’ activity will go a long way to making maintenance operations more cost effective and enhance the Niagara Falls’ cemeteries overall appearances. Review of the Cemetery By-Laws and Tariffs indicates the City must continually assess and increase product and service prices annually to keep pace with inflation and in in relation to service/product enhancements. Consideration may be given to increasing overall costs to the consumer by increasing the Perpetual Care Fund portion as identified in this Business Plan. The City should identify and list memorialization features for sale or lease on the Tariff Schedule. These features might include benches, trees, shrub beds, flower plantings, flowerpots, memorial plaques on walks, memory stones, and any fountains, foot bridges, etc. as might be incorporated into burial gardens. The ideal circumstance is a lease for 5 – 7 years with the first right of refusal for the lessee to renew the memorialization lease prior to its expiry. The opportunity for the City to increase lease rates for ensuring lease periods would thus help offset increases in new purchases, replacements, repairs, and general maintenance costs of any given memorialization feature. Such increases would be borne by the lessee renewing their lease or alternatively by another first-time lessee picking up the option to memorialize. Effect management which will keep field costs associated with grave digging and marker foundation installations in line with the typical industry costs of 45-50% of total operating costs. Page 84 of 146 Page 311 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 7-80 As the City cemeteries expand overall development areas, increased operating costs must be offset by increased revenues. These recommendations will help: • Recommendations o Devise and implement a cost-effective Marketing Plan; o Continue with regular and ongoing review of Cemetery By-Laws/Tariffs to improve regulatory/field operations administrative/management; o Enhance interment/memorialization options available to buying public (hire cemetery professionals to assist in detailed design for cemetery expansion/plot development plans); and, o Assess overall field operations efficiencies and realign with acceptable industry standards for operating costs. 7.11 EDUCATIONAL PROGRAMS Numerous educational and cultural opportunities are afforded at the City’s cemeteries. School programs could readily be geared to different age groups and perhaps even match curricula at the schools. These might include: o Field study for science; o Rubbing markers; o Local history research; o Art- sketching; o Creative writing; o Clean up your cemetery; o Mapping – geography; and, o Symbolism – meaning. • Science based activities/programmes might entail: o Tree identification; o Collect leaves; o Cemetery photography contests; o Seeds; o Bark rubbing; o Record characteristics; o Field guides; o Soil analysis – dig site; o Bug collecting; o Monument analysis (i.e.: marble, granite – affects of time and nature); and o Wildlife tracking (winter snows). Page 85 of 146 Page 312 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 7-81 7.12 COMMUNITY OUTREACH PROGRAMS Many cemeteries operate a variety of programs to facilitate a ‘friendly’ interface with the community. Often these activities might be theme-associated such as: o Valentine’s Day o St. Patrick’s Day o Easter – Sunrise Services/Easter Egg Hunt o Mothers’/Fathers’ Day o Christmas (“Tree of Hope” or of “Memories”, etc.) o Veterans’ Day/Decoration Day Program • Other activities might offer: o Bird watching events o Gardening/Landscape Seminars o Photo Contests o Walking Tours (i.e.: history, dignitaries’ resting sites, plant/bird identification tours) o Genealogy tours (tracing the family tree, etc.) 7.13 MARKETING STRATEGY Niagara Falls Cemeteries’ management/sales personnel must be cognizant of the City’s entire customer base. This includes foremost burial rights holders, potential customers, citizens, City staff, cemetery neighbors, users of this special green space in the urban fabric, historical organizations, school, church and other community-based groups. These people and organizations have legitimate and ongoing expectations for the City’s cemeteries and the services they offer that must be incorporated into an implementable marketing program on a continuum. 7.14 MARKETING HIGHLIGHTS o Further enhance the City’s cemetery administration/sales facilities o Dedicate capital funds for enhancing interment/memorialization alternatives – especially cremation gardens o Accommodate cemetery/community events (i.e.: ‘Spirit’ walks, grief counseling, etc.) o Promote ‘memorialization leases’ (for benches, memory stones, trees, etc.) o Consider ‘in memory of’ donations program o Continue staff participation in cemetery related associations (i.e.: Western Canada Cemetery Association) and various related training programs. o Advertise cemetery facilities, services and products, carefully consistently, sensitively, etc. Ads should always be positive, without any negativisms at all, whether in local papers/magazines or online. Preach ‘All-denominational’ not ‘Non- denominational’. Page 86 of 146 Page 313 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 7-82 o Provide accessible (to code) public washrooms and general administration and sales facilities for all users regardless of disability. o Protect City and community interests in striking agreement with private interest ‘partners’ to facilitate a mutual win-win scenario for both ‘partners’. o Prepare detailed design of cremation gardens, etc., in advance of need to establish appropriate development budgets in advance of Council approval and sales need. o Promote educational outreach programs to school/church groups, etc., (i.e. history research, nature study, etc.) o Promote community outreach programs (Veterans’ Day, Mothers’/Fathers’ Day events, etc.) o Promote to niche markets such as veterans and other cultural and religious groups o Promote to Roman Catholic market at various parishes throughout the City o Address public concerns about cemetery issues including cremation alternatives 7.15 MARKETING SUMMARY The City of Niagara Falls Cemeteries are well ahead of the majority of municipal cemeteries in their marketing efforts. They already have numerous outreach and promotional programs (outlined in Section 2 previously) as well as a favourable public presence. The cemeteries are well-regarded in the community. It is important that the cemeteries maintain their marketing, promotional and outreach practices as they are the reason that Niagara Falls municipal cemeteries have a much greater market share of the local market than do the surrounding communities have of their markets. Tomb of the Unknown Soldier in Fairview Cemetery Page 87 of 146 Page 314 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 8-83 8 CEMETERY BYLAW REVIEW The proposed revised Niagara Falls Cemetery Bylaw No. 2020-xx and its associated Schedules A, B, and C were reviewed and evaluated for compliance with the Ontario Funeral Burial and Cremation Services Act, 2002 (FBCSA) and its associated regulations, as well as for clarity, consistency, and equity. The Bylaw and Schedules are provided in the form of annotated copy under separate cover. Please refer to those documents for a complete accounting of all recommended changes. The main objectives of the Bylaw review: • Compliance (and consistency) with the Funeral Burial and Cremation Services Act, 2002; • Clarity to avoid misunderstanding; and, • Fairness and equity for citizens, clients, staff, and suppliers. Some general comments on the Bylaw review: • Gender neutral pronouns where applicable; • Consistency of definitions with the FBCSA (avoid duplication of definitions as the Act will supersede); • Recommend a non-resident surcharge on interment right sales; • There is some contradiction regarding the resale/return of partially used plots (multiple interment rights). This needs resolution; and, • Some operational regulations need management review/confirmation. Please refer to the annotated Bylaw and Regulations for recommended revisions. There are changes to the FBCSA regulations with the passing of O.Reg. 258/21 which will come into effect January 1st, 2022. The changes will require only minor additions to the Cemeteries’ website and have no significant effect on operations at the Niagara Cemeteries as they are already compliant with most of the pending legislation. To summarize: • License number, description of license type, and a link to the BAO Consumer Information Guide must be posted on the Cemeteries’ website. This needs to be done by January 1st, 2022; • The Cemetery Price List is already posted on the Cemeteries’ website; • Non-commercial cemetery operators may borrow capital from the Care and Maintenance Fund to increase the capacity of a cemetery subject to BAO approval and subsequent repayment of the funds; and, • The minimum contribution amounts to the Care and Maintenance Fund have been increased. This will have no effect on Niagara Falls’ cemeteries as their prices already exceed the minimums. A chart showing the contribution amount changes follows in the next section. Page 88 of 146 Page 315 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 9-84 9 UPCOMING LEGISLATIVE CHANGES The Ministry of Government and Consumer Services has announced upcoming changes to Ontario Regulation 30/11 under the Funeral, Burial and Cremation Services Act, 2002 (FBCSA). The upcoming changes have very little effect on operations at the Niagara Falls Cemeteries as most of the requirements are already being met. The changes and their effect on operations at the Niagara Falls Cemeteries is summarized below. For the complete changes to the regulations please refer to: O. Reg. 258/21: General. These forthcoming changes are presented for reference purposes only as the City of Niagara Falls’ Cemeteries currently meet or exceed all current and pending legislative requirements. Effective July 1, 2021: • License display requirements: o No longer required to display a hardcopy licence in the office. o Must post the licence number and description of the licence type to the website. ▪ This information is currently posted to the City’s website. • Price List and Consumer Information Guide: o Must post the Price List and the BAO Consumer Information Guide to the website ▪ This information is currently posted to the City’s website. Effective January 1, 2022: • Cemetery Care and Maintenance Funds (PCFs): o Non-commercial cemeteries may borrow from the capital portion of their PCF to increase the capacity of their cemeteries. ▪ Niagara Falls may borrow capital from its PCF to fund expansion to the selected expansion area but must repay the loan over time. o Minimum contributions on the sale of interment rights and monuments are increased. ▪ Niagara Falls’ interment right fees are well above the minimum, so no change is required. ▪ The fees for monument installation are doubled and will require adjusting the Price List accordingly on January 1st, 2022. o The Minister will review the required PCF contributions every five years. o A table outlining the PCF contribution changes is displayed on the following page. Page 89 of 146 Page 316 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 9-85 Table 9.1 Upcoming PCF Contribution Rate Changes – Effective January 1, 2022 Contribution Type Current Contribution Amount Contribution Amount (effective January 1, 2022) In-ground graves that are 2.23 m2 (24 ft2) or larger $250 or 40% of price (whichever is greater) $290 or 40% of price (whichever is greater) In-ground graves that are smaller than 2.23 m2 (24 ft2) $150 or 40% of price (whichever is greater) $175 or 40% of price (whichever is greater) Tomb, crypt or compartment in a public mausoleum $500 or 20% of price (whichever is greater) $830 or 20% of price whichever is greater) Niche or compartment in a public columbarium $100 or 15% of price (whichever is greater) $165 or 15% of price (whichever is greater) Scattering ground for which there will be only one scattering rights holder $100 or 40% of price (whichever is greater) $115 or 40% of price (whichever is greater) Scattering ground for which there will be more than one scattering rights holder $25 or 15% of price (whichever is greater) $30 or 15% of price (whichever is greater) Scattering ground for which there will be no scattering rights holder $25 $30 A private mausoleum provided or constructed by a person other than the cemetery operator is installed in a cemetery $500 multiplied by the number of tombs, crypts, compartments or 20% of the sum of specified prices (whichever is greater) $575 multiplied by the number of tombs, crypts, compartments or 20% of the sum of specified prices (whichever is greater) A private columbarium provided or constructed by a person other than the cemetery operator is installed in a cemetery $100 multiplied by the number of niches and compartments or 15% of the sum of specified prices (whichever is greater) $115 multiplied by the number of niches and compartments or 15% of the sum of specified prices (whichever is greater) To establish a cemetery $100,000 $165,000 Flat marker measuring less than 1,116.13 cm2 (173 in2) $0 $0 Flat marker measuring at least 1,116.23 cm2 (173 in2) $50 $100 Upright marker measuring 1.22 m (4 ft) or less in height and 1.22 m (4 ft) or less in length, including the base $100 $200 Upright marker measuring more than 1.22 m (4 ft) in either height or length, including the base $200 $400 Page 90 of 146 Page 317 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 10-86 10 IMPLEMENTATION ACTION PLAN For the convenience of the reader, the recommendations at the end of each section have been copied here below. Please refer to the relevant sections for rationales and specific details. Recommendation 1: The City of Niagara Falls will need additional interment rights inventory to meet the forthcoming demands of its citizenry, including: • Develop additional casket and cremation ground lots, and columbaria niches at its active cemeteries (per Table 3-14); • Acquire and develop additional cemetery expansion land; • Develop a Green Burial area at the to-be-acquired new cemetery to complement Willows Rest; • Monitor demand relative to forecast annually; and, • Reviewing/revising demand forecasts at minimum every five years. Recommendation 2: The City of Niagara Falls manage the Cemeteries’ PCF by: • Acquiring additional cemetery land to ensure adequate contributions to the PCF to achieve fiscal self-sustainability; • Withdrawing only the Real Rate of Return (nominal interest plus capital gains minus inflation); • Utilizing the withdrawal to offset annual perpetual care maintenance expenses; • The revenue from excess/surplus (i.e., “windfall”) sales should be directed to the PCF in order to advance it toward fiscal self-sufficiency; and, • Capital may be borrowed from the fund for capital expansion but should be repaid with interest adequate to offset inflation. Recommendation 3: The City of Niagara Falls: • Plan for and develop a new 75-acre cemetery on the Option 1: Mewburn property to serve community needs and advance the cemeteries toward fiscal self-sufficiency. Recommendation 4: It is recommended that the City of Niagara Falls: • Adjust prices as described above, including; • splitting interment right sales into 3 parts (PCF contribution, operations & capital development reserve); and, • Continue to adjust prices annually to reflect changes in the Consumer Price Index. Page 91 of 146 Page 318 of 817 City of Niagara Falls Comprehensive Cemeteries Plan Page 10-87 10.1 IMPLEMENTATION PLAN • Additional cemetery interment rights inventory will be needed: o Additional columbarium niches need by 2023; o Additional cremation ground lots by 2027; and, o Additional casket lots by 2030. • New expansion cemetery lands will be needed within ten years: o It is recommended that the City beginning planning for the development of the Mewburn property within ten years; and, o The new cemetery to include casket lots, cremation lots, cremation gardens and a green burial area. • The City will need to develop and sell an additional 48 acres of cemetery land to achieve fiscal self-sustainability in the Perpetual Care Fund: o The time and land required are not a problem as long as the City continues to develop and sell interment rights. • Prices should continue to be indexed to the inflation rate to ensure adequacy: o It is recommended that a portion of interment right sales revenue be reserved in a fund for capital acquisition and development of interment rights to replace those sold. • The Cemetery Bylaw was reviewed as part of this project and is supplied under separate cover for municipal legal review. Page 92 of 146 Page 319 of 817 City of Niagara Falls | Comprehensive Cemeteries Plan APPENDIX 1 Appendix 1a: Glossary of Cemetery Terms Appendix 1b: Cemetery Products for Interment & Memorialization Page 93 of 146 Page 320 of 817 City of Niagara Falls | October 10, 2021 Abandoned: When referring to a cemetery indicates that no interment activity is occurring (see also – Active and Inactive). Active: When referring to a cemetery indicates that sales of burial rights is continuing (see also – Abandoned and Inactive). ADR: Average Annual Death Rate, usually quoted as annual deaths per thousand population. Measures the rate at which deaths occur in a particular population. At-Need: Referring to the purchase of death care services and/or products by the deceased’s survivors or trustees after death has occurred. Burial: Any disposition involving below-grade disposition of human remains. Usually full body dispositions but may include cremated remains. Used interchangeably with Interment. Casket: A container for holding a dead human body for funeral, cremation, interment or entombment purposes. Columbarium: A free standing structure or structure incorporated into a retaining wall, or inside walls of a building intended for the inurnment of cremated human remains in compartments (niches). Combination: A cemetery with an onsite funeral home. Community Mausoleum: A building or structure for the interment of casketed full body human remains in compartments (crypts). The rights for mausoleum crypts are sold individually. May also include indoor columbarium niches. Cremation: The irreversible reduction of human remains to residual ashes and bone fragments by thermal and mechanical means. Cremation Garden: An area of the cemetery set aside to offer a variety of alternatives for cremation disposition and memorialization, including columbaria and scattering, in an aesthetically pleasing environment. Cremorial: A below grade, top-accessed, level pre-installed system of columbarium niches. Typically with a bronze marker, flush to grade. Crypt: An individual space within a mausoleum intended for the entombment of human remains, typically above grade. Appendix 1a: Glossary of Cemetery Terms Page 1 of 5 Comprehensive Cemeteries Plan 3Page 94 of 146 Page 321 of 817 City of Niagara Falls | , 2021 Death Care: Any services or products related to the transportation, preparation or final disposition of deceased persons. It includes funeral services, cremation and transportation, as well as cemetery, casket and memorialization product sales. Also referred to as After-Death Care. Developable Cemetery Land: Land within a cemetery that has the appropriate physiographic, geotechnical and hydrological characteristics suitable for cemetery development as casket lots but may also include land suitable for cremation garden and other cemetery developments. This represents the cemetery’s remaining potential for future sales inventory development. Developed Cemetery Land or Lots: Land or lots within a cemetery that have been surveyed, landscaped, laid out and either sold or available for immediate sale and burial. This represents the cemetery’s total current inventory of sold and available interment rights. Developed – Unsold Cemetery Land or Lots: A subset of Developed Cemetery Land or Lots that are available for sale. This represents the cemetery’s immediately available inventory of saleable interment rights. Developed – Sold/Unoccupied (aka Delivered) Land or Lots: A subset of Developed Cemetery Land or Lots for which the interment rights have been sold but not exercised (i.e. interred in). In conjunction with Developed – Sold/Occupied Land or Lots this represents the cemetery land and interment rights that must be maintained in perpetuity. Developed – Sold/Occupied Land or Lots: A subset of Developed Cemetery Land or Lots for which the interment rights have been sold and exercised (i.e. interred in). In conjunction with Developed – Sold/Unoccupied Land or Lots this represents the cemetery land and interment rights that must be maintained in perpetuity. Disposition: Any final disposal of human remains, including burial, inurnment, entombment and scattering of cremated remains. Entombment: The placement of casketed human remains in a crypt. Funeral, Burial and Cremation Services Act The Provincial Act governing all cemeteries in Ontario. Also known as the FBCSA. Family Mausoleum: Typically a small building or structure for the interment of casketed full body human remains in compartments (crypts) for individuals from a single family. The rights for the family mausoleum crypts are sold jointly/together. Sometimes called a private mausoleum. Modern versions may also include indoor columbarium niches. Appendix 1a: Glossary of Cemetery Terms Page 2 of 5 Comprehensive Cemeteries Plan October 10 4Page 95 of 146 Page 322 of 817 City of Niagara Falls | , 2021 Foundation/Footer: The concrete footing on which a monument it erected, specifically to support the monument. Green burial: Green burial is the interment of a body in a manner that minimizes negative impact on the environment. Embalming may be discouraged or prohibited. The body may be either wrapped in a shroud or placed in a bio-degradable casket/container. The graves may be hand dug and interment rights purchase may include the protection of a large natural area in perpetuity. Field stones may be used for markers or markers may be prohibited. Also known as natural burial. Some cemeteries offer green burial interment within naturalized areas. Inactive: When referring to a cemetery indicates that sales of burial rights has ceased (i.e.: “sold out”) although interment/ inurnment activity may continue for many years. (see also – Abandoned and Active). Interment: See Burial above. Interment Right: A right, acquired by purchase, inheritance or transfer, for the interment of human remains or cremated remains in a lot, niche, crypt, etc. Commonly referred to as a “Deed”. Inurnment: The final disposition of cremated human remains, it includes ground burial (interment) of the urn as well as placement of the urn in a columbarium niche or mausoleum crypt. Lawn Crypt: An above-grade crypt over a single or multiple grave lot. Typically faced in granite or other suitable cemetery material. Usually sold to an individual or family. Lot: An area of land in a cemetery containing, or set aside to contain, human remains, commonly called a grave. Marker: Any product used to identify the deceased in a lot (grave). Typically flat or flush with ground (see Monument). Mausoleum: A building or structure, other than a columbarium, used as a place for the interment of casketed full body human remains in compartments (crypts). May also include indoor columbarium niches. Memorialization: Any object placed in a cemetery in memory of someone. Typically includes a plaque or engraved surface. May include benches, boulders, and trees with plaques. Modular Crypt: Below grade prefabricated modular concrete crypts that are placed then backfilled to grade level. Appendix 1a: Glossary of Cemetery Terms Page 3 of 5 Comprehensive Cemeteries Plan October 10 5Page 96 of 146 Page 323 of 817 City of Niagara Falls | , 2021 Monument: Any product used to identify the deceased in a lot (grave). Typically upright (see Marker). Niche: An individual space (typically about 12” x 12” x 12” inside space) within a columbarium intended for the inurnment of cremated human remains. Generally accepts 2 urns. Open/Close: Refers to those cemetery services provided at the time of interment, inurnment, or entombment. May include excavation of a lot, reparation of ground surface as well as provision of an awning and chairs. Ossuary: A container for the commingled storage of human bones, typically in the form of cremated remains and usually below grade. Pedestal Columbarium: A separate, free-standing columbarium in the form of a small pedestal that may contain up to 4 individual niches. Typically sold to a family but may be offered individually Perpetual Care Trust Fund: A legislated trust fund required by the FBCSA into which a portion of the revenue from the sale of interment rights and monuments/markers must be deposited. Only the revenue may be withdrawn to offset perpetual care maintenance costs e. Pillow Marker: A product used to identify the deceased in a lot (grave). The pillow marker sits above the ground, with one elevated end providing a sloped surface that is angled at 45 degrees from the back to the front. The sloped surface allows for shedding of water and easier viewing. Also known as bevel or slant markers (also see Marker and Monument). Plot: An area of land in a cemetery containing, or set aside to contain, human remains, containing one or more lots sold as a unit (see Lots above). May be double, triple, quad, etc. Preneed: Refers to the purchase of death care services and/or products prior to the death of the rightholder. Removal: Transportation of human remains from the place of death to an authorized location. Also in “removal from province” representing those human remains shipped out of province for final disposition (either in cremated state or as casketed full body). Rows: A series of interment rights laid out in a line with the long axes adjacent and numbered sequentially. A number of rows will comprise a Section. Appendix 1a: Glossary of Cemetery Terms Page 4 of 5 Comprehensive Cemeteries Plan October 10 6Page 97 of 146 Page 324 of 817 City of Niagara Falls | , 2021 Scattering: Is the irreversible dispersal of cremated human remains or commingling in a defined area within a cemetery. This includes commingled placement of cremated remains in an ossuary. Scattering Garden: A location where cremated remains may be surface scattered or core scattered (placed uncontained into a small excavation). It needs ground covering that is easily maintained with scatterings. Usually offered as part of a Cremation Garden (see also). Section: A contiguous developed area of a cemetery, typically bounded by cemetery roads, that has interment rights identified by unique numbers. Older cemeteries may use terminology such as block or division to describe similar areas. A section is comprised of a number of rows. Undevelopable Cemetery Land: Land within a cemetery that lacks the appropriate physiographic, geotechnical and hydrological characteristics suitable for cemetery development as casket lots. Examples of issues that would invalidate lands for cemetery use include steep slopes, high water table and lack of soil coverage. Some cemetery land classified as Undevelopable for casket lot development may be used for other specific purposes such as cremation garden development. Some Undevelopable cemetery land may also be made Developable through mitigation of problems (e.g. slope reduction, addition of fill or drainage). Urn: A container for cremated human remains. Vault: Also known as an outer burial container, this is any container in which a casket (or urn) is placed. It protects the casket (or urn) and prevents subsidence problems associated with in ground burials in the cemetery. Appendix 1a: Glossary of Cemetery Terms Page 5 of 5 Comprehensive Cemeteries Plan October 10 7Page 98 of 146 Page 325 of 817 City of Niagara Falls | , 2021 1. CASKET LOTS 1.1. Traditional Casket Burial Lots Traditional casket burial involves excavating a grave, placing the casket therein and then filling, leveling and seeding/sodding the surface. Grave depth of excavation is typically 1.8m for casket placement with a minimum overburden of 0.6m. Subsidence, or settlement of the ground surface over the burial, is a concern and can require subsequent filling, leveling and resodding/seeding. Alternative Upright Marker Casket Lot Layout • conventional casket/burial plots • 4' x 10' dimensions • 3' wide planter strip between back to back markers (for potentilla, dwarf spireas, peonies, daylilies, or dwarf shrub roses). These plants are all dwarf growing, are easy to maintain, offer seasonal colour, interest, etc. • enhances cemetery’s overall aesthetics with use of appropriate plantings. • provides sense of paths/openness but capitalizes on this space for flat marker or casket burial lots. • sets up wide mowing swaths for more cost- effective turf maintenance. • allows use of alternating markers (ie: rows of uprights backing up against a (less expensive alternative) row of “pillow blocks” (or even flat marker lots). The intent is to “control” placements of flats within the cemetery without compromising aesthetics or maintenance needs. • Can be implemented with or without a ribbon foundation Appendix 1b: Cemetery Products for Interment & Memorialization Page 1 of 13 Alternative Upright Casket Lot Layout (HLI design) Comprehensive Cemeteries Plan October 10 8Page 99 of 146 Page 326 of 817 City of Niagara Falls | , 2021 Dwarf plant materials in planting strips include spirea, potentilla Concrete ribbon foundation for back-to-back casket lots and peonies. (HLI design) without planting strip. (HLI design) Peonies planted between rows of upright markers on ribbon foundations. (HLI design) Appendix 1b: Cemetery Products for Interment & Memorialization Page 2 of 13 Comprehensive Cemeteries Plan October 10 9Page 100 of 146 Page 327 of 817 City of Niagara Falls | , 2021 1.2. Below Grade Modular Crypts Below grade modular crypts are typically precast concrete components which allow easy opening/ closing of graves as well as minimizing perpetual care maintenance. Their installation involves removal of topsoil, leveling (or excavation) of the ground, installation of the crypts, backfilling around them and then a layer of soil with seeding on top. From the surface, below grade crypts look no different than traditional casket lots (although they do not exhibit the subsidence over individual graves that is typical of traditional graves). Modular crypt installation (Photo credit: web capture) Double depth modular crypt section (Phot credit: web capture) 1.2.1. Advantages of Below Grade Modular Crypts Below grade modular crypts reduce both operational (i.e. opening/closing) and long-term care maintenance costs markedly. Opening and closings may be done in winter and summer as there is only a thin layer of overburden/turf on top of each crypt cover. Burial operations would entail removal of the soil cover to expose the crypt cover, which is removed and then replaced after interment. Compared to traditional casket burial (particularly without a burial vault or liner) this system reduces the cost/effort for opening/closing and avoids accidental equipment/burial encroachment on adjacent gravesites. This system also minimizes long term maintenance costs that can occur as a result of subsidence due to grave soil settlement. Appendix 1b: Cemetery Products for Interment & Memorialization Page 3 of 13 Modular crypt installation (Photo credit: web capture) Comprehensive Cemeteries Plan October 10 10Page 101 of 146 Page 328 of 817 City of Niagara Falls | , 2021 1.2.2. Constraints on Below Grade Modular Crypts Below grade crypts generally have a higher capital cost to install than development of traditional casket lots. This higher capital cost may be mitigated by reduced operational costs for opening/closings as well as long-term maintenance costs due to reduced subsidence. 1.3. Above Grade Lawn Crypts Above grade (mausoleum) crypts, commonly referred to as lawn crypts are individual (or sometimes side by side tandem) crypts placed upon a slab on grade foundation. Typically, they may be clad in granite, or consist of structural granite construction, similar to columbaria. Single lawn crypt Installation of double lawn crypt 1.3.1. Advantages of Above Grade Lawn Crypts Opening/closing of lawn crypts is analogous to opening a columbarium niche and very much easier than traditional in-ground casket burial. Long-term maintenance is also very low, generally less than that required for a columbarium. These units can effectively be installed on only marginally modified existing grade and would not necessarily entail imported soil to complete their installation. 1.3.2. Constraints on Above Grade Lawn Crypts These units may have a higher capital cost than below grade crypts due to the materials used (typically granite) as well as the requirements for a foundation. Acceptance of /demand for this type of amenity may not be high given local cultural / demographic factors. Appendix 1b: Cemetery Products for Interment & Memorialization Page 4 of 13 Comprehensive Cemeteries Plan October 10 11Page 102 of 146 Page 329 of 817 City of Niagara Falls | , 2021 1.4. Community Mausoleum A community mausoleum is analogous to a columbarium in that it offers individual crypts in a communal structure. It may be an enclosed indoor structure (with or without heating) or may be outdoors similar to a columbarium. 1.4.1. Advantages of Community Mausolea (Indoor or Outdoor) This type of amenity has the lowest operating (opening/closing) costs of any of the casket disposition methods described above, although lifecycle costs of the structure housing the crypts enter into the cost Community mausoleum - exterior Community mausoleum - interior equation. Entombments may take place at any time, winter or summer. If the mausoleum is enclosed then it may be heated making committals and visitations much more comfortable in the winter but these ‘comforts’ do add to capital and life cycle costs. 1.4.2. Constraints on Community Mausolea Indoor Mausolea generally have the highest capital costs associated with installation depending upon the nature of the mausoleum. Crypt prices are usually set to reflect these higher initial costs and that of perpetual care. Appendix 1b: Cemetery Products for Interment & Memorialization Page 5 of 13 Comprehensive Cemeteries Plan October 10 12Page 103 of 146 Page 330 of 817 City of Niagara Falls | , 2021 2. CREMATION INTERMENT OPTIONS 2.1. Traditional In -Ground Cremation Lots These are similar to traditional casket lots in development, operational and maintenance costs. Due to the smaller excavation size, interments may be performed during the winter months. There is also a reduced requirement for depth of cover when compared to casket burial hence these type of amenities may be developed where insufficient soil cover might otherwise exist for casket burial. Alternative Upright/Flat Marker Cremation Ground Layouts • accommodates 2 - 3 inurnments per plot • upright and flats are separated by a 2' wide turf path or planting bed • plot sizes 4' x 6' or 4’ x 8’ upright marker plot • 4' x 4' flat marker plot • doesn’t physically and therefore visually “cram” burial plots/markers together. • mixes uprights and flats for enhanced site aesthetics, “sales appeal” and maintenance ease. • visitors will find it easier to locate (especially during winter months) grave sites with flat markers due to association with uprights. • provides enhanced memorial alternatives for client purchase. 2.2.1 Advantages of Traditional In-Ground Cremation Lots These are the simplest and least costly cremation disposition method to develop. The most important requirement is sufficient depth of cover for at least a two-foot deep excavation. Lotting plans can be designed to be land efficient yet still accommodate some form of upright memorial or pillow block style marker. Lotting Plans can also provide for flat marker lots. Cremation lot section (Design:HLI) Appendix 1b: Cemetery Products for Interment & Memorialization Page 6 of 13 Alternative One- Cremation Ground Lot Layout Comprehensive Cemeteries Plan October 10 13Page 104 of 146 Page 331 of 817 City of Niagara Falls | , 2021 2.2.2 Constraints on Traditional In-Ground Cremation Lots Traditional in-ground cremation lots are often crowded and offer limited memorialization opportunities (i.e. no upright monuments). Some cremation consumers purchase traditional casket lots to use for cremation interments because of the memorialization alternatives that they afford. Other cremation consumers prefer columbaria niches for their disposition/memorialization alternatives. 2.2. Below Grade Cremorials Analogous to a columbarium placed horizontally in the ground these are a hybrid cremation disposition and memorialization alternative that offer some of the advantages of both conventional in-ground cremation interment and columbarium niche inurnment. 2.2.3 Advantages of Below Grade Cremorials Once installed, these offer easy access for opening closing as well as very low long-term maintenance requirements. Constraints on Below Grade Cremorials As with columbaria, there is a capital cost associated with the installation of this type of amenity. Relative to columbaria, this type of amenity may suffer some greater difficulty in the winter in locating and uncovering the niches beneath the snow, although their locations may be corner-staked during the winter season to offset this aspect. Cremorial area (Design: HLI) Appendix 1b: Cemetery Products for Interment & Memorialization Page 7 of 13 Cremation lot section (Design: HLI) Comprehensive Cemeteries Plan October 10 14Page 105 of 146 Page 332 of 817 City of Niagara Falls | , 2021 2.3. Community Columbaria Demand for columbarium niche inurnment is increasing as the cremation rate and public awareness of this disposition and memorialization option increase. The community columbarium offers individual niches to consumers in a communal outdoor structure. Columbaria (Design: HLI) Promontory Green columbaria/cremation garden (Design: HLI) The picture above of ‘Promontory Green’ in Kelowna, BC features a variety of cremation interment options, including niche walls, outdoor crypts, in-ground cremation burials, scattering gardens & even casket burials adjacent to the pergola feature 2.3.1. Advantages of Community Columbaria Next to ossuaries (described in a following section) community columbaria incur the lowest operating (opening/closing) and life cycle maintenance costs of any of the other cremation and casket disposition alternatives outlined here. 2.3.2. Constraints on Community Columbari a These structures can have significant capital costs associated with purchase and installation. Although demand for these amenities is increasing, they will not replace the need for casket disposition for those that prefer it for religious, ethnic, or cultural reasons nor the preference by some choosing cremation for in-ground interment of their cremated remains. Appendix 1b: Cemetery Products for Interment & Memorialization Page 8 of 13 Comprehensive Cemeteries Plan October 10 15Page 106 of 146 Page 333 of 817 City of Niagara Falls | , 2021 2.4. Private/Pedestal Columbaria Private or pedestal columbaria and family estate columbaria are small individual columbaria offering 2 or 4 niches in an individual free-standing columbarium structure. This type of amenity is often purchased by a family (or more than one family) to provide more individualized disposition and memorialization. They may be sited in various locations within the cemetery, either among conventional lots or preferably in an aesthetically designed cremation garden (see Pedestal Columbarium below). 2.2.4 Advantages of Private/Pedestal Columbaria These offer individual and family inurnment and memorialization opportunities to those who desire / can afford them. Private columbaria have very low operating (opening/closing) and maintenance costs. Pedestal columbarium (Design: HLI) 2.4.1. Constraints on Private/Pedestal Columbaria There is a relatively significant capital cost associated with the purchase and installation of this type of amenity. Due to the higher cost of units, the resultant high sale price may limit demand for these amenities. This type of amenity may best be allowed for in the design and them offered on a contingent basis with development of each unit only occurring when ordered/paid for at Lakeview Cemetery as an element within a Cremation Garden setting. Appendix 1b: Cemetery Products for Interment & Memorializ ation Page 9 of 13 Feature design: Hilton Landmarks Inc. Comprehensive Cemeteries Plan October 10 16Page 107 of 146 Page 334 of 817 City of Niagara Falls | , 2021 2.5. Ossuaries Ossuaries are for the communal disposition of cremated remains. Typically installed below grade, cremated remains are commingled making the process irreversible. 2.2.5 Advantages of Ossuaries Ossuaries have relatively low installation costs and the lowest operating (opening/closing) and maintenance costs of any of the other cremation and casket disposition alternatives outlined here. Ossuary commingling of cremated remains requires a slightly higher cost compared to the scattering of cremated remains. This amenity affords high interment density in a very confined land base. 2.2.6 Constraints on Ossuaries Commingling of cremated remains is an irreversible process and not desirable to some. There is a relatively modest capital cost associated with the installation of such an amenity. Ossuary feature (Photo Credit: Eickhoff Columbaria Inc.) Appendix 1b: Cemetery Products for Interment & Memorialization Page 10 of 13 In ground ossuary (Design: HLI) Comprehensive Cemeteries Plan October 10 17Page 108 of 146 Page 335 of 817 City of Niagara Falls | , 2021 2.6. Scattering Gardens Scattering Gardens are designed feature areas with multiple alternatives for cremation disposition and memorialization (including surficial scattering or in-ground interment) in an aesthetically pleasing environment. A well-designed scattering garden can be a valuable community asset. 2.2.7 Advantages of Scattering Gardens Scattering gardens offer a variety of cremation disposition and memorialization alternatives within a relatively compact area hence result in a very efficient use of limited or even otherwise cemetery lands unusable for conventional burial purposes cemetery land. Their many memorialization options and aesthetic design can increase desirability and improve both time to payout and ultimate return. 2.2.8 Constraints on Scattering Gardens There are no major cost or development constraints for developing a scattering garden per se, as its primary costs relate to a common memorialization feature and some landscaping elements. A scattering garden may be handled cost- effectively using indigenous soft and hard landscape elements. It is important to note that once the cremated remains are incorporated into the garden bed, other than hand working the ground, no further disturbance, alteration or redevelopment of the planting bed for any other use is permitted. Cremation garden with reflection seating area and pedestal niches. (Design: HLI) Appendix 1b: Cemetery Products for Interment & Memorialization Page 11 of 13 Cremation garden with multiple interment and memorialization options including mausoleum crypts next to pergola. (Design: HLI) Comprehensive Cemeteries Plan October 10 18Page 109 of 146 Page 336 of 817 City of Niagara Falls | , 2021 2.7. Woodland Cremation Garden Assessment of on-site natural wooded areas suitability to utilize them to develop a woodland memorial garden would result in a highly desirable interment /memorialization areas for cremation dispositions. 2.2.9 Natural Wooded Areas Advantages Wooded areas can play an important role in providing opportunity for development of alternative cremation interment options. They are especially useful when cemetery lands are within Conservation areas with restrictions to traditional cemetery development. As cremated remains are inert, they can be interred in woodland settings with minimal disturbance environmentally and physically. Woodland cremation garden pathway (Photo: HLI) Since the cremated remains cannot be disturbed once interred, the woodlands have a further level of protection. From a design standpoint, while not suitable for casket burials, wooded areas are ideal places to create “nature walks” with memory stone and individual columbarium cremation lots. Appendix 1b: Cemetery Products for Interment & Memorialization Page 12 of 13 Comprehensive Cemeteries Plan October 10 19Page 110 of 146 Page 337 of 817 City of Niagara Falls | , 2021 3. GREEN BURIALS A very old burial approach but contextually new is the currently common but trending ideal for a ‘Green Burial’. While there are many “shades of green”, reference to the green burial concept typically entails that burial uses no toxic embalming fluids and only a biodegradable casket or a burial shroud. Natural rocks, wildflowers, shrubs and trees serve as markers. Graves can be located via GPS (Global Positioning System) or a small memorial plaque may be installed. Some cemeteries allow memorialization only on a “common” plaque feature. Green burial with simple wooden casket (Photo: web capture) Green burial in a woodland setting. (Photo: web capture) ‘Extreme shades of green’ may dictate a hand dug gravesite. Some consider a cremation burial as ‘green’ while for others it may simply mean being buried near a tree. Appendix 1b: Cemetery Products for Interment & Memorialization Page 13 of 13 Comprehensive Cemeteries Plan October 10 20Page 111 of 146 Page 338 of 817 City of Niagara Falls | Comprehensive Cemeteries Plan APPENDIX 2 Appendix 2: Annual Demand Forecast Tables 21Page 112 of 146 Page 339 of 817 City of Niagara Falls | Comprehensive Cemeteries Plan October 10 , 2021 Appendix 2: Annual Demand Forecast Tables Page 1 of 2 Status Quo Demand Scenario Forecast Year Annual Casket Dispositions Annual Casket Lot Sales Cumulative Casket Lot Sales Cumulative Casket Lot Land Use (ac.) Annual Cremation Ground Dispositions Annual Cremation Ground Lot Sales Cumulative Cremation Ground Lot Sales Cumulative Cremation Ground Lot Land Use (ac.) Annual Niche Dispositions Annual Niche Sales Cumulative Niche Sales Cumulative Niche Land Use (ac.) Annual Scattering /Other Sales TOTAL CUMULATIVE LAND USE (ac.) 2020 217 170 170 0.2 250 34 34 0.0 78 46 46 0.0 10 0.3 2021 201 209 379 0.5 282 44 78 0.0 40 45 91 0.0 11 0.6 2022 194 212 591 0.8 290 46 124 0.0 44 48 139 0.1 12 0.9 2023 188 215 806 1.1 297 49 173 0.1 47 50 189 0.1 12 1.2 2024 181 216 1,022 1.4 304 51 224 0.1 50 52 241 0.1 13 1.5 2025 174 217 1,239 1.7 312 54 278 0.1 54 54 295 0.1 13 1.9 2026 168 217 1,456 1.9 319 56 334 0.1 58 57 352 0.1 14 2.2 2027 162 217 1,673 2.2 327 58 392 0.2 62 59 411 0.2 15 2.6 2028 157 218 1,891 2.5 334 60 452 0.2 66 62 473 0.2 15 2.9 2029 152 218 2,109 2.8 341 63 515 0.2 70 64 537 0.2 16 3.2 2030 147 217 2,326 3.1 348 65 580 0.2 74 67 604 0.2 16 3.6 2031 142 216 2,542 3.4 356 67 647 0.3 79 69 673 0.3 17 3.9 2032 138 216 2,758 3.7 362 70 717 0.3 83 71 744 0.3 17 4.3 2033 134 215 2,973 4.0 367 72 789 0.3 88 74 818 0.3 18 4.6 2034 130 214 3,187 4.2 372 74 863 0.3 92 76 894 0.4 19 5.0 2035 127 214 3,401 4.5 377 77 940 0.4 97 78 972 0.4 19 5.3 2036 124 214 3,615 4.8 382 79 1,019 0.4 101 81 1,053 0.4 20 5.6 2037 122 215 3,830 5.1 386 82 1,101 0.4 106 83 1,136 0.5 20 6.0 2038 120 216 4,046 5.4 389 83 1,184 0.5 110 86 1,222 0.5 21 6.4 2039 119 219 4,265 5.7 391 86 1,270 0.5 115 88 1,310 0.5 21 6.7 2040 119 223 4,488 6.0 394 89 1,359 0.5 119 90 1,400 0.6 22 7.1 2041 119 227 4,715 6.3 396 90 1,449 0.6 124 93 1,493 0.6 23 7.5 2042 121 234 4,949 6.6 400 93 1,542 0.6 129 95 1,588 0.6 23 7.9 2043 123 242 5,191 6.9 404 95 1,637 0.7 134 98 1,686 0.7 24 8.3 2044 127 254 5,445 7.3 407 98 1,735 0.7 139 100 1,786 0.7 24 8.7 2045 131 262 5,707 7.6 410 100 1,835 0.7 145 102 1,888 0.8 25 9.1 22Page 113 of 146Page 340 of 817 City of Niagara Falls | Comprehensive Cemeteries Plan October 10, 2021 Appendix 2: Annual Demand Forecast Tables Page 2 of 2 High Demand Scenario Forecast Year Annual Casket Dispositions Annual Casket Lot Sales Cumulative Casket Lot Sales Cumulative Casket Lot Land Use (ac.) Annual Cremation Ground Dispositions Annual Cremation Ground Lot Sales Cumulative Cremation Ground Lot Sales Cumulative Cremation Ground Lot Land Use (ac.) Annual Niche Dispositions Annual Niche Sales Cumulative Niche Sales Cumulative Niche Land Use (ac.) Annual Scattering /Other Sales TOTAL CUMULATIVE LAND USE (ac.) 2020 217 170 170 0.2 250 34 34 0.0 78 46 46 0.0 10 0.3 2021 212 249 419 0.6 301 47 81 0.0 43 49 95 0.0 12 0.6 2022 208 255 674 0.9 310 50 131 0.1 47 51 146 0.1 13 1.0 2023 204 260 934 1.2 321 54 185 0.1 51 54 200 0.1 13 1.4 2024 199 264 1,198 1.6 331 56 241 0.1 55 58 258 0.1 14 1.8 2025 195 267 1,465 2.0 341 59 300 0.1 59 61 319 0.1 15 2.2 2026 191 270 1,735 2.3 351 62 362 0.1 64 64 383 0.2 16 2.6 2027 187 272 2,007 2.7 362 66 428 0.2 68 68 451 0.2 17 3.0 2028 183 276 2,283 3.0 371 70 498 0.2 73 72 523 0.2 17 3.5 2029 180 278 2,561 3.4 382 73 571 0.2 78 75 598 0.2 18 3.9 2030 177 280 2,841 3.8 392 77 648 0.3 84 79 677 0.3 19 4.3 2031 174 281 3,122 4.2 402 81 729 0.3 89 83 760 0.3 20 4.8 2032 171 284 3,406 4.5 410 85 814 0.3 94 87 847 0.3 21 5.2 2033 168 285 3,691 4.9 419 89 903 0.4 100 90 937 0.4 22 5.7 2034 166 287 3,978 5.3 429 92 995 0.4 106 94 1,031 0.4 23 6.1 2035 164 289 4,267 5.7 437 96 1,091 0.4 112 98 1,129 0.5 24 6.6 2036 162 292 4,559 6.1 445 99 1,190 0.5 118 102 1,231 0.5 25 7.0 2037 161 295 4,854 6.5 454 103 1,293 0.5 124 106 1,337 0.5 26 7.5 2038 160 299 5,153 6.9 461 107 1,400 0.6 131 109 1,446 0.6 27 8.0 2039 159 304 5,457 7.3 468 109 1,509 0.6 137 113 1,559 0.6 28 8.5 2040 160 311 5,768 7.7 475 114 1,623 0.6 144 116 1,675 0.7 28 9.0 2041 160 317 6,085 8.1 481 117 1,740 0.7 150 120 1,795 0.7 29 9.5 2042 162 327 6,412 8.5 489 122 1,862 0.7 157 124 1,919 0.8 30 10.1 2043 163 337 6,749 9.0 497 126 1,988 0.8 165 128 2,047 0.8 31 10.6 2044 167 352 7,101 9.5 504 130 2,118 0.8 172 133 2,180 0.9 32 11.2 2045 170 362 7,463 10.0 510 134 2,252 0.9 180 137 2,317 0.9 34 11.8 23Page 114 of 146Page 341 of 817 City of Niagara Falls | Comprensive Cemeteries Plan APPENDIX 3 Appendix 3: Price Comparison Table & Price Lists 24Page 115 of 146 Page 342 of 817 City of Niagara Falls | Comprehensive Cemeteries Plan October 10 , 2021 Appendix 3: Price Comparison Table & Price Lists Page 1 of 1 Product/Service Category Niagara Falls Regional Average Niagara Falls Difference St. Catharines Brantford Lincoln Fort Erie Thorold Welland $ % Interment Rights Adult Casket - Upright Monument $2,204 $1,730 $474 27% $2,107 $1,344 $2,250 $1,466 $1,007 Adult Casket - Flat Marker $1,039 $1,363 $1,070 $1,026 $889 $848 Child Casket $880 $773 $107 14% $1,525 $582 $541 $338 Infant Casket $880 $555 $325 59% $666 $541 $309 $377 Cremation - Upright Monument $1,234 $1,350 -$116 -9% $2,060 $756 Columbarium - Single Niche $844 $913 -$69 -8% $982 Columbarium - Double Niche $1,846 $2,156 -$310 -14% $1,903 $2,484 $1,896 $2,218 $2,589 Interment Services (Openings/Closings) PCF for pre-1955 $200 N/A Adult Casket $1,506 $1,119 $387 35% $1,334 $1,082 $1,350 $787 $654 Child/Infant Casket $753 $531 $222 42% $487 $430 $454 Cremated Remains Inurnment $477 $427 $51 12% $524 $355 $480 $269 $454 Niche Inurnment $375 $334 $41 12% $478 $166 $383 $269 Oversized Urn Burial $715 N/A Scattering $233 $255 -$22 -8% $276 Disinter Casket $2,500 $1,744 $756 43% $2,855 $1,581 $1,630 $861 $1,039 Disinter & Reinter Casket $4,276 $3,336 $940 28% $2,396 Disinter Cremated Remains $704 $526 $178 34% $398 $476 Disinter & Reinter Cremated Remains $1,192 $935 $257 27% $678 Disinter Niche Urn $179 $179 $0 0% Surcharges Late charge $113/½hr $167 -$54 -32% $190/½hr $190 $305 $72/hr $169/½hr Late criteria 3:00pm M-S 3:30pm M-F 4:00pm M-F 3:00pm M-F Saturday N/A $378 $381 $495 $501 $380 $135 Sundays & Holidays Casket $858 $721 $137 19% $675 $1,082 $269 Sundays & Holidays Cremains $429 $413 $16 4% $240 $609 $375 Less than 1 day notice casket $271 N/A Less than 1 day notice cremains $135 N/A Companion Urn (with first) $81 $63 $18 29% $45 Non-Resident Surcharge 20% 50% 75% 25%-80% 50% Administrative Fees Transfer Fee $81 $78 $3 4% $73 $66 $125 $68 $53 Staking Fee $41 $45 -$4 -9% $73 $32 $35 $45 Interment Fee $41/hr $13/name over 10 25Page 116 of 146Page 343 of 817 7/27/2021 Cemetery Fees | City of Niag ara Falls, Canada https://niag ar afalls.ca/city-hall/municipal-works/cemeter y/cemeter y-fees.aspx 1/8 City of Niag ara Fal l s (n iag arafal l s.ca) Hom e >City Hall>Municipal Works>Cem etery> Lo t S ales LOT TYPE CEMETERY FEE C & M TRUST FEE 2021 TOTAL FEE 13% HST TOTAL CHARGE FAIRVIEW - Adult Single Lot 1,056.13 704.09 1,760.22 228.83 1,989.05 FAIRVIEW - Preferred Adult Single Lot 1,193.83 795.89 1,989.72 258.66 2,248.38 LUNDY'S LANE Adult Single Lot 1,515.13 1,010.09 2,525.22 328.28 2,853.50 LUNDY'S LANE Preferred Adult Single Lot 1,652.83 1,101.89 2,754.72 358.11 3,112.83 OTHER - Adult Single Lot 1,193.83 795.89 1,989.72 258.66 2,248.38 FAIRVIEW - Adult Two Lot Plot 2,112.27 1,408.18 3,520.45 457.66 3,978.11 FAIRVIEW - Preferred Adult Double Lot 2,387.67 1,591.78 3,979.45 517.33 4,496.78 LUNDY'S LANE Adult Two Lot Plot 3,030.27 2,020.18 5,050.45 656.56 5,707.01 LUNDY'S LANE Preferred Adult Double Lot 3,305.66 2,203.78 5,509.44 716.23 6,225.67 OTHER - Adult Double Lot 2,387.67 1,591.78 3,979.45 517.33 4,496.78 ALL - Child/Infant Single Lot - Size: 4'X5'528.06 352.04 880.10 114.41 994.51 FAIRVIEW - Crem ation Lot - (Single Lot)120.80 150.00 270.80 35.20 306.00 FAIRVIEW - Crem ation Plot (Four Lots )596.91 397.94 994.85 129.33 1,124.18 FAIRVIEW - Preferred Crem ation Plot (Four Lots ) 734.62 489.74 1,224.36 159.17 1,383.53 LUNDY'S LANE - Crem ation Plot (Four Lots ) - Sec. E Only 1,035.27 690.18 1,725.45 224.31 1,949.76 LUNDY'S LANE - Preferred Crem ation Plot (Four Lots ) 1,172.97 781.98 1,954.95 254.14 2,209.09 One Time Care & Maintenance Fee 0.00 200.00 200.00 26.00 226.00 N iche S ales Maple Grove & Stamford CEMETERY FEE C & M TRUST FEE 2021 TOTAL FEE 13% HST TOTAL CHARGE Cem eter y Fees 26Page 117 of 146 Page 344 of 817 7/27/2021 Cemetery Fees | City of Niag ara Falls, Canada https://niag ar afalls.ca/city-hall/municipal-works/cemeter y/cemeter y-fees.aspx 2/8 Maple Grove & Stamford CEMETERY FEE C & M TRUST FEE 2021 TOTAL FEE 13% HST TOTAL CHARGE Single Niche - Stam ford Green Only (NICHE LEVEL A & B) 447.64 298.42 746.06 96.99 843.05 Double Niche (NICHE LEVEL A & B)1,036.63 691.09 1,727.72 224.60 1,952.32 Single Niche - Stam ford Green Only (NICHE LEVEL C - G) 565.43 376.96 942.39 122.51 1,064.90 Double Niche (NICHE LEVEL C - G)1,177.98 785.32 1,963.30 255.23 2,218.53 B urial F ees Burial Type 2021 CEMETERY FEE 13% HST TOTAL CHARGE Adult Cas ket Burial 1,506.28 195.82 1,702.10 Child/Infant Cas ket Burial 753.14 97.91 851.05 Crem ains Urn Burial 476.60 61.96 538.56 Overs ized Urn Burial (Com panion & Urn Vaults )714.91 92.94 807.85 Crem ains - SCATTERING - REMEMBRANCE GARDEN 243.31 31.63 274.94 Crem ains - SCATTERING - OTHER 121.65 15.81 137.46 Crem ains - SCATTERING - (Care & Maintenance)51.00 6.63 57.63 Interm ent Cancellation - Cas ket (If lot already open)357.00 46.41 403.41 Interm ent Cancellation - Urn (If lot/niche already open)178.50 23.21 201.71 N iche In urnments Inurnments Type 2021 CEMETERY FEE 13% HST TOTAL CHARGE Single Inurnm ent 375.36 48.80 424.16 Double Crem ain Inurnm ent*81.24 10.56 91.80 Dis -Inter Niche Urn 178.50 23.21 201.71 *Adm inis tration fee for the 2nd inurnm ent if taking place at the s am e tim e as the firs t and in the s am e Niche D is-Interment Services Service Description 2021 CEMETERY FEE 13% HST TOTAL CHARGE Dis -interm ent Only *2,550.00 331.50 2,881.50 27Page 118 of 146 Page 345 of 817 7/27/2021 Cemetery Fees | City of Niag ara Falls, Canada https://niag ar afalls.ca/city-hall/municipal-works/cemeter y/cemeter y-fees.aspx 3/8 Service Description 2021 CEMETERY FEE 13% HST TOTAL CHARGE Dis -interm ent & Re-interm ent 4,361.22 566.96 4,928.18 Crem ains Dis -interm ent Only *717.73 93.30 811.03 Crem ains Dis -interm ent & Re-interm ent 1,215.86 158.06 1,373.92 * Rem ains are rem oved from Municipal Cem etery Interment S urcharges INTERMENT SURCHARGES 2021 CEMETERY FEE 13% HST TOTAL CHARGE Late Arrivals - After 3:00 pm Mon-Sat, Sun & Holidays (Each 1/2 Hour)112.83 14.67 127.50 Sunday & Holiday Cas ket Burial - Scheduled between 11:00 a.m . & 2:00 p.m 857.52 111.48 969.00 Sunday /Holiday Crem ains Burial - Scheduled between 11:00 a.m . & 2:00 p.m . 428.76 55.74 484.50 TENT RENTAL (All Interm ent Services )135.40 17.60 153.00 Les s Than 8 Working Hours Cas ket Burial Order 270.80 35.20 306.00 Les s Than 8 Working Hours Crem ains Burial Order 135.40 17.60 153.00 Administratio n S ervices Service 2021 CEMETERY FEE 13% HST TOTAL CHARGE Interm ent Rights Trans fer 81.24 10.56 91.80 Interm ent Rights Exchange 81.24 10.56 91.80 Interm ent Rights /Sell Back 81.24 10.56 91.80 Interm ent Rights Replacem ent/Duplicate 40.62 5.28 45.90 Crem ains Urn Burial - Double (Adm in. Fee) *COMPANION URN*81.24 10.56 91.80 Cem etery Records Search (charge per hour)40.62 5.28 45.90 N iche Memo rial P ro d ucts PRODUCTS 2021 CEMETERY FEE 13% HST TOTAL CHARGE BRONZE WREATH-Maple Grove 884.96 115.04 1,000.00 GLASS - Single Niche-Stam ford Green 88.50 11.51 100.01 28Page 119 of 146 Page 346 of 817 7/27/2021 Cemetery Fees | City of Niag ara Falls, Canada https://niag ar afalls.ca/city-hall/municipal-works/cemeter y/cemeter y-fees.aspx 4/8 PRODUCTS 2021 CEMETERY FEE 13% HST TOTAL CHARGE GLASS - Double Niche-Stam ford Green 176.99 23.01 200.00 BRONZE PLATE - Single Niche-Stam ford Green 663.72 86.28 750.00 BRONZE PLATE - Double Niche-Stam ford Green 1,327.43 172.57 1,500.00 Key FOB (extra) Stam ford Green 17.70 2.30 20.00 C emetery & P ark Memorial Program PROGRAM 2021 CEMETERY FEE 13% HST TOTAL CHARGE Mem orial Tree with 4"X2 1/2" nam e tag 750.00 0.00 750.00 Mem orial Bench with 3" x 6" plate ins talled on back of bench 2,500.00 0.00 2,500.00 Mem orial Bench with bronze plaque (8" x 10") & s tand 3,250.00 0.00 3,250.00 Mem orial Marker - Maple Grove Mem ory Lane (includes ins cription) 550.00 0.00 550.00 Fo u ndation / Marker / Installation Services Service Amount HST Total Concrete Foundation Per Cubic Foot - Supply & Ins tall 29.91 0.00 29.91 Foundation Ins tallation (Minim um Charge)270.80 35.20 306.00 Foundation Rem oval (Standard Sized Foundation)408.00 53.04 461.04 Veteran Upright Marker Setting 135.40 17.60 153.00 Sm all Flat Marker Setting Under 172 Square Inches 90.27 11.74 102.01 Large Flat Marker Setting Over 172 Square Inches 135.40 17.60 153.00 Corner Markers Setting (Per s et of 4)90.27 11.74 102.01 Marker C are & Main ten ance Fees MARKER CARE & MAINTENANCE FEE 2021 TRUST FEE 13% HST TOTAL CHARGE Flat Marker Over 172 Square Inches 50.00 6.50 56.50 Upright Marker Including Bas e Up To 4 Feet High/Long 100.00 13.00 113.00 Upright Marker Including Bas e Over 4 Feet High/Long 200.00 26.00 226.00 Fo u ndation Installatio n P rices 29Page 120 of 146 Page 347 of 817 7/27/2021 Cemetery Fees | City of Niag ara Falls, Canada https://niag ar afalls.ca/city-hall/municipal-works/cemeter y/cemeter y-fees.aspx 5/8 FEET LENGTH W IDTH INCHES CUBIC FEET 2021 COST C&M HST TOTAL FEEFEETLENGTHWIDTHINCHESCUBIC FEET 2021 COST C&M HST TOTAL FEE 1-2 x 2-8 14 32 14 x 32 12.44 $372.08 $100.00 $61.37 $533.45 2-0 x 1-0 24 12 24 x 12 8.00 $239.28 $100.00 $44.11 $383.39 2-0 x 1-2 24 14 24 x 14 9.33 $279.06 $100.00 $49.28 $428.34 2-0 x 2-4 24 16 24 x 16 10.67 $319.14 $100.00 $54.49 $473.63 2-2 x 1-0 26 12 26 x 12 8.67 $259.32 $100.00 $46.71 $406.03 2-2 x 1-2 26 14 26 x 14 10.11 $302.39 $100.00 $52.31 $454.70 2-4 x 1-0 28 12 28 x 12 9.33 $279.06 $100.00 $49.28 $428.34 2-4 x 1-2 28 14 28 x 14 10.89 $325.72 $100.00 $55.34 $481.06 2-4 x 1-4 28 16 28 x 16 12.44 $372.08 $100.00 $61.37 $533.45 2-6 x 1-0 30 12 30 x 12 10.00 $299.10 $100.00 $51.88 $450.98 2-6 x 1-2 30 14 30 x 14 11.67 $349.05 $100.00 $58.38 $507.43 2-6 x 1-4 30 16 30 x 16 13.33 $398.70 $100.00 $64.83 $563.53 2-8 x 1-0 32 12 32 x 12 10.67 $319.14 $100.00 $54.49 $473.63 2-8 x 1-2 32 14 32 x 14 12.44 $372.08 $100.00 $61.37 $533.45 2-10 x 1-0 34 12 34 x 12 11.33 $338.88 $100.00 $57.05 $495.93 2-10 x 1-2 34 14 34 x 14 13.22 $395.41 $100.00 $64.40 $559.81 2-10 x 1-4 34 16 34 x 16 15.11 $451.94 $100.00 $71.75 $623.69 2-10x 1-10 34 22 34 x 22 20.78 $621.53 $100.00 $93.80 $815.33 3-0 x 1-0 36 12 36 x 12 12.00 $358.92 $100.00 $59.66 $518.58 3-0 x 1-2 36 14 36 x 14 14.00 $418.74 $100.00 $67.44 $586.18 3-0 x 1-4 36 16 36 x 16 16.00 $478.56 $100.00 $75.21 $653.77 3-2 x 1-0 38 12 38 x 12 12.67 $378.96 $100.00 $62.26 $541.22 3-2 x 1-2 38 14 38 x 14 14.78 $442.07 $100.00 $70.47 $612.54 3-2 x 1-4 38 16 38 x 16 16.89 $505.18 $100.00 $78.67 $683.85 3-4 x 1-0 40 12 40 x 12 13.33 $398.70 $100.00 $64.83 $563.53 3-4 x 1-2 40 14 40 x 14 15.56 $465.40 $100.00 $73.50 $638.90 3-4 x 1-4 40 16 40 x 16 17.78 $531.80 $100.00 $82.13 $713.93 30Page 121 of 146 Page 348 of 817 7/27/2021 Cemetery Fees | City of Niag ara Falls, Canada https://niag ar afalls.ca/city-hall/municipal-works/cemeter y/cemeter y-fees.aspx 6/8 FEET LENGTH W IDTH INCHES CUBIC FEET 2021 COST C&M HST TOTAL FEE 3-6 x 1-0 42 12 42 x 12 14.00 $418.74 $100.00 $67.44 $586.18 3-6 x 1-2 42 14 42 x 14 16.33 $488.43 $100.00 $76.50 $664.93 3-6 x 1-4 42 16 42 x 16 18.67 $558.42 $100.00 $85.59 $744.01 3-8 x 1-0 44 12 44 x 12 14.67 $438.78 $100.00 $70.04 $608.82 3-8 x 1-2 44 14 44 x 14 17.11 $511.76 $100.00 $79.53 $691.29 3-8 x 1-4 44 16 44 x 16 19.56 $585.04 $100.00 $89.06 $774.10 3-10 x 1-0 46 12 46 x 12 15.33 $458.52 $100.00 $72.61 $631.13 3-10 x 1-2 46 14 46 x 14 17.89 $535.09 $100.00 $82.56 $717.65 4-0 x 1-0 48 12 48 x 12 16.00 $478.56 $100.00 $75.21 $653.77 4-0 x 1-2 48 14 48 x 14 18.67 $558.42 $100.00 $85.59 $744.01 4-0 x 1-3 48 15 48 x 15 20.00 $598.20 $100.00 $90.77 $788.97 4-0 x 1-4 48 16 48 x 16 21.33 $637.98 $100.00 $95.94 $833.92 4-2 x 1-0 50 12 50 x 12 16.67 $498.60 $200.00 $90.82 $789.42 4-2 x 1-2 50 14 50 x 14 19.44 $581.45 $200.00 $101.59 $883.04 4-2 x 1-4 50 16 50 x 16 22.22 $664.60 $200.00 $112.40 $977.00 4-4 x 1-0 52 12 52 x 12 17.33 $518.34 $200.00 $93.38 $811.72 4-4 x 1-2 52 14 52 x 14 20.22 $604.78 $200.00 $104.62 $909.40 4-4 x 1-4 52 16 52 x 16 23.11 $691.22 $200.00 $115.86 $1,007.08 4-6 x 1-2 54 14 54 x 14 21.00 $628.11 $200.00 $107.65 $935.76 4-6 x 1-4 54 16 54 x 16 24.00 $717.84 $200.00 $119.32 $1,037.16 4-8 x 1-2 56 14 56 x 14 21.78 $651.44 $200.00 $110.69 $962.13 4-8 x 1-4 56 16 56 x 16 24.89 $744.46 $200.00 $122.78 $1,067.24 4-10 x 1-0 58 12 58 x 12 19.33 $578.16 $200.00 $101.16 $879.32 4-10 x 1-2 58 14 58 x 14 22.56 $674.77 $200.00 $113.72 $988.49 4-10 x 1-4 58 16 58 x 16 25.78 $771.08 $200.00 $126.24 $1,097.32 5-0 x 1-0 60 12 60 x 12 20.00 $598.20 $200.00 $103.77 $901.97 5-0 x 1-2 60 14 60 x 14 23.33 $697.80 $200.00 $116.71 $1,014.51 31Page 122 of 146 Page 349 of 817 7/27/2021 Cemetery Fees | City of Niag ara Falls, Canada https://niag ar afalls.ca/city-hall/municipal-works/cemeter y/cemeter y-fees.aspx 7/8 FEET LENGTH W IDTH INCHES CUBIC FEET 2021 COST C&M HST TOTAL FEE 5-0 x 1-4 60 16 60 x 16 26.67 $797.70 $200.00 $129.70 $1,127.40 5-2 x 1-2 62 14 62 x 14 24.11 $721.13 $200.00 $119.75 $1,040.88 5-2 x 1-4 62 16 62 x 16 27.56 $824.32 $200.00 $133.16 $1,157.48 5-6 x 1-2 66 14 66 x 14 25.67 $767.79 $200.00 $125.81 $1,093.60 5-8 x 1-2 68 14 68 x 14 26.44 $790.82 $200.00 $128.81 $1,119.63 5-8 x 1-4 68 16 68 x 16 30.22 $903.88 $200.00 $143.50 $1,247.38 6-0 x 1-2 72 14 72 x 14 28.00 $837.48 $200.00 $134.87 $1,172.35 6-0 x 1-4 72 16 72 x 16 32.00 $957.12 $200.00 $150.43 $1,307.55 6-4 x 1-2 76 14 76 x 14 29.56 $884.14 $200.00 $140.94 $1,225.08 6-4 x 1-4 76 16 76 x 16 33.78 $1,010.36 $200.00 $157.35 $1,367.71 6-6 x 1-2 78 14 78 x 14 30.33 $907.17 $200.00 $143.93 $1,251.10 6-8 x 1-2 80 14 80 x 14 31.11 $930.50 $200.00 $146.97 $1,277.47 6-10x1-2 82 14 82 x 14 31.89 $953.83 $200.00 $150.00 $1,303.83 7-0 x 1-2 84 14 84 x 14 32.67 $977.16 $200.00 $153.03 $1,330.19 7-0 x 1-4 84 16 84 x 16 37.33 $1,116.54 $200.00 $171.15 $1,487.69 7-5 x 1-2 90 14 90x14 35.00 $1,046.85 $200.00 $162.09 $1,408.94 7-5 x 1-4 90 16 90x16 40.00 $1,196.40 $200.00 $181.53 $1,577.93 7-7 x 1-4 92 16 92X16 40.89 $1,223.02 $200.00 $184.99 $1,608.01 7-8 x 1-4 94 16 94X16 41.78 $1,249.64 $200.00 $188.45 $1,638.09 8-0 x 1-4 96 16 96x16 42.67 $1,276.26 $200.00 $191.91 $1,668.17 15-0 x 1-4 180 16 180x16 80.00 $2,392.80 $200.00 $337.06 $2,929.86 N otes A. Interment / Disinterment Services 1. All Com m ittal Service s cheduling is at the approval of the Cem etery Services bas ed on location, weather, s taff availability & the num ber of s ervices reques ted. 2. Monday to Saturday Interm ent Services (except on Statutory or City Holidays ) m ay be s cheduled between 9:00 a.m . & 3:00 p.m . only. 3. Sunday & Statutory Holiday Interm ent Services m ay be s cheduled between 11:00 a.m . & 2:00 p.m . An interm ent s urcharge will apply. 32Page 123 of 146 Page 350 of 817 7/27/2021 Cemetery Fees | City of Niag ara Falls, Canada https://niag ar afalls.ca/city-hall/municipal-works/cemeter y/cemeter y-fees.aspx 8/8 4. A "Scheduled" Funeral Late Arrival & other interm ent s urcharges will apply as indicated in the Cem etry Fee Schedule - "Interm ent Surcharges ". 5. Funeral late arrivals (arriving after the s cheduled tim e) will be s ubject to an additional fee. 6. Funeral Directors are res pons ible for advis ing fam ilies , in advance, of potential funeral late charges & applicable s urcharges . 7. Dis -interm ents m ay be s cheduled from May 1s t to Novem ber 1s t only and at the dis cretion of the Cem etery Manager or des ignate. 8. The Funeral Director is res pons ible for the s cheduling & all related cos ts for dis interm ents including: cas ket/urn/vault rem oval - vault/urn uns ealing & res ealing - Niagara Regional Health Unit Approval and Attendance 9. One Tim e Care & Maintenance Fee is charged for an interm ent (Full Body or Crem ation) that takes place in a lot (grave) that was purchas ed prior to 1955. B. Interment Right Sales 1. The Interm ent Rights Holder owns the interm ent rights to a s ingle lot, plot and/or niche. The Interm ent Rights Holder m us t abide by the regulations s tipulated in the Cem etery By-law, including the ins tallation of a m onum ent, m aintenance of a flowerbed or other m em orialization. 2. The Interm ent Rights Holder m ay trans fer, exchange or s ell-back a plot, s ingle lot or niche at any tim e before an interm ent takes place. If the above Interm ent Rights have not been us ed, the Purchas er m ay, in writing to the City within thirty (30) days from the s igning of the contract, cancel this contract and receive a full refund. Following thirty (30) days , the Purchas er m ay be eligible for a full refund les s the Care & Maintenance Fees . C. Resale/Transfers: The Rights Holder m ay res ell unus ed lots /plots /niches to the City of Niagara Falls for a refund of the current Cem etery Fee. Rights Holder m ay als o res ell unus ed lots /plots /niches privately. The City res erves firs t right of refus al for all res ell/s ell back of Interm ent Rights (i.e. lots , plots and niches ). All docum ents pertaining to the original s ale m us t be returned to the Cem etery office. An adm inis tration charge will apply, in accordance with the current Cem etery Fees Schedule. D. Payment: Interm ent Rights (lot s ales ) m us t be paid in full before any burial and/or m em orialization can take place. Paym ent for a burial s ervice (cas ket, crem ation, niche, s catter) is due the day of the s ervice. Credit Card, Debit, Cheque are the only acceptable m ethods of paym ent. E. Inquiries: All inquiries or concerns s hould be received in pers on at the Fairview Cem etery office, on Stanley Avenue, Monday through Saturday 8:00 a.m . to 4:00 p.m ., or by calling (905)354-4721 Monday through Friday 8:00a.m . to 4:00pm . Saturday appointm ents m us t be m ade at leas t 48 hours in advance. Mark Richards on, Manager of Cem etery Services 33Page 124 of 146 Page 351 of 817 Crypts, Garden of Memories Mausoleum Crypts (1 Burial Maximum) Chapel Crypts (Walls 1, 2, 25, 26, 27, 28, 29, 30, 31) LEVEL A $9,675.00 (Level A is not available in phase 2 & 3 additions) LEVEL B $13,975.00 LEVEL C $16,126.00 LEVEL D $17,200.00 LEVEL E $15,051.00 Interior Crypts (Walls 16, 17, 18, 22, 23, 24) LEVEL B $13,439.00 LEVEL C $15,588.00 LEVEL D $16,664.00 LEVEL E $14,514.00 Main Corridor Crypts (Walls15 & 21) LEVEL A $9,138.00 LEVEL B $12,364.00 LEVEL C $14,514.00 LEVEL D $15,588.00 LEVEL E $13,439.00 *Payment plans are available for pre-need sales of graves, lots, crypt and niche rights* All prices include care & maintenance fees & applicable taxes - Exact contributions available on request. Additional charges apply for Saturday burials. Please Note: For all persons not resident in the City of St. Catharines all prices will be increased by 20% for lots, care & maintenance and all forms of interment. 2020 Rates and Fees for St. Catharines Residents. Effective: January 1, 2020 Victoria Lawn Cemetery is open daily from sunrise to sunset Regular Business Hours: Monday to Friday – 8:30 a.m. - 4:30 p.m. Victoria Lawn Cemetery is owned by the City of St. Catharines and an operation of Municipal Works 431 Queenston Street, St. Catharines, ON L2P 2Y3 Phone: 905-688-5601 ex.1557 Email: victorialawn@stcatharines.ca Victoria Lawn Victoria Lawn CemeteryCemetery 34Page 125 of 146Page 352 of 817 Graves & Lots - Interment Rights Opening and Closing Fees Casket Opening & Closing - Regular Depth $1,507.00 Casket Opening & Closing - Extra Depth $2,260.00 (on sales prior to 1986) Cremation Opening & Closing (Earth) $592.00 Niche Opening & Closing $540.00 Crypt Opening & Closing $700.00 Saturday Burials 9:00am - 11:00am (Additional) $430.00 Late Arivals - After 3:30pm Monday - Friday & After 11:00am on Saturday - Each 1/2 Hour. $215.00 All prices include Care & Maintence Fees & Applicable Taxes - Exact Contributions Available on Request Additional Services Concrete Liners - Includes Installation $862.00 Disinterment - Minimum Charge $3,226.00 Transfer of Interment Rights - Each $82.00 Declaration for Transfer - Each $82.00 Declaration for Interment - Each $82.00 Use of a Tent $163.00 Setting of Flat Markers & Foundation Services Under 173 sq. inches $163.00 Under 12” x 18”* $210.50 12” x 18” TO 14” x 24”* $248.50 Over 14” x 24”* $292.50*includes care and maintenance Foundation Construction (Dependant on Size) $323.00—$1,613.00 • Marker/Monument Specifications Available on Request Niches All Niche Locations - 2 Cremains Garden of Memories Mausoleum Interior Niches ~ Levels A/B/C/D $2,366.00 Levels I/J $2,795.00 Levels E/F/G/H $3,225.00 Exterior Niches ~ All Levels $2,150.00 Bronze Plate Inscription $1,290.00 Queenston Courtyard Columbarium Outer Buildings $2,150.00 Centre Building $2,688.00 Bronze Wreath Inscription $1,183.00 Cremation Urns Available $484.00 Adult At Need Flat Marker Single Grave (1 Burial & up to 4 Cremains) $1,184.00 Adult Preferred Flat Marker Single Grave(1 Burial & up to 4 Cremains) $1,896.00 Adult Upright Monument Single Grave(1 Burial & up to 4 Cremains) Includes Foundation $2,381.00 Adult Two Grave Lot Upright Monument (1 Burial & up to 4 Cremains per Grave) Includes Foundation $4,863.00 Cremation Grave - Flat Marker (Up to 4 Cremains) $1,264.00 Cremation Grave - Upright Monument (Up to 4 Cremains) Includes Foundation $2,328.00 Infant Grave - Flat Maker (1 Burial) $753.00 Infant Grave - Upright Monument (1 Infant Burial & Up to 4 Cremains) Includes Foundation $1,723.00 Veteran’s Grave - Flat Marker (1 Burial & 1 Cremains) Cost is Perpetual Care Only $758.00 35Page 126 of 146Page 353 of 817 BY-LAW NUMBER 52-2021 of THE CORPORATION OF THE CITY OF BRANTFORD Being a By-lmv to Fix Fees and Charges to be collected by The Corporation of the City ifBranifordfor 2021. WHEREAS subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended 01ereinafter referred to as Municipal Act, 2001), provides that a municipal power shall be exercised by by-law; AND WHEREAS section 9 of the Municipal Act, 2001, provides that a municipality has t:he capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS section 10(1) of the MtmicipaiAct, 2001, provides that a municipality may provide any service or thing that the municipality considers necessary or desirable for the public; AND WHEREAS section 1 0(2) of the Municipal Act, 2001, provides that a municipality may pass by-laws respecting: in paragraph 7, Services and things that the municipality is authorized to provide under subsection (1); AND WHEREAS section 391 (1) of the Nfunicipal Act, 2001, provides that a municipality may impose fees or charges on persons: (a) for services and activities provided or done by or on behalf of it; (b) for costs payable by it for services and activities provided or done by or on behalf of any other municipality or any local board; and (c) for the use of its property including property under its control; AND WHEREAS section 69 of the Planning Act, R.S.O. 1990, c. P.13, as amended (hereinafter referred to as Planning Act) provides that the Council of a municipality may by by-law establish a tariff of fees for the processing of applications made in respect of planning matters; AND WHEREAS, the Council for The Corporation of the City of Brantford (the "City") passed By-law 210-2019 on the 18th day of December, 2019 to establish Fees and Charges for setvices provided by the City; AND WHEREAS Council for the City has deemed it expedient to pass this By-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CITY OF BRANTFORD HEREBY ENACTS AS FOLLOWS: 36Page 127 of 146 Page 354 of 817 REFERENCE #FEE DESCRIPTION UNIT OF MEASURE 2021 RATE (EXCL HST) HST APPLIES (Y/N) EFFECTIVE DATE MM/DD/YYYY ADDITIONAL INFORMATION PUBLIC WORKS- PARKS SERVICES CEMETERY SERVICES 585 Mount Hope & Greenwood- Interment Rights- At Need Lots: Adult/Youth per lot $960.70 Y 1/1/2021 586 Mount Hope & Greenwood- Interment Rights- At Need Lots: Child per lot $623.17 Y 1/1/2021 587 Mount Hope & Greenwood- Interment Rights- At Need Lots: Cremation per lot $623.17 Y 1/1/2021 588 Mount Hope & Greenwood- Interment Rights- At Need Lots: Veteran per lot $384.27 Y 1/1/2021 There is no charge for a veteran grave, but as per the Act the City charges the greater amount of $250 or amount charged for the C&M of the lot. 589 Mount Hope & Greenwood- Interment Rights - Preferred Lots: Single per lot $1,707.58 Y 1/1/2021 590 Mount Hope & Greenwood- Interment Rights - Preferred Lots: 2-graves per lot $3,359.94 Y 1/1/2021 591 Mount Hope & Greenwood- Interment Rights - Preferred Lots: 3-graves per lot $5,039.92 Y 1/1/2021 592 Mount Hope & Greenwood- Interment Rights - Preferred Lots: 4-graves per lot $6,719.89 Y 1/1/2021 593 Mount Hope & Greenwood- Interment Rights - Preferred Lots: 6-graves per lot $10,079.91 Y 1/1/2021 594 Mount Hope & Greenwood- Interment Rights - Preferred Lots: Cremation per lot $802.17 Y 1/1/2021 595 Oakhill- Interment Rights- At Need Lots- Adult Upright per lot $866.73 Y 1/1/2021 596 Oakhill- Interment Rights- At Need Lots- Adult & Youth Flat per lot $817.92 Y 1/1/2021 597 Oakhill- Interment Rights- At Need Lots-Child per lot $541.01 Y 1/1/2021 598 Oakhill- Interment Rights- At Need Lots-Cremation per lot $541.01 Y 1/1/2021 599 Oakhill- Interment Rights- Preferred Lots- Single Upright per lot $1,458.54 Y 1/1/2021 600 Oakhill- Interment Rights- Preferred Lots- Single Flat per lot $1,430.45 Y 1/1/2021 601 Oakhill- Interment Rights- Preferred Lots- 2- graves Upright per lot $2,916.97 Y 1/1/2021 602 Oakhill- Interment Rights- Preferred Lots- 2- graves Flat per lot $2,860.90 Y 1/1/2021 603 Oakhill- Interment Rights- Preferred Lots- 3- graves Upright per lot $4,375.45 Y 1/1/2021 37Page 128 of 146Page 355 of 817 REFERENCE #FEE DESCRIPTION UNIT OF MEASURE 2021 RATE (EXCL HST) HST APPLIES (Y/N) EFFECTIVE DATE MM/DD/YYYY ADDITIONAL INFORMATION PUBLIC WORKS- PARKS SERVICES CEMETERY SERVICES 604 Oakhill- Interment Rights- Preferred Lots- Cremation Flat per lot $696.41 Y 1/1/2021 605 Oakhill- Interment Rights- Preferred Lots- Cremation Upright per lot $710.10 Y 1/1/2021 606 Oakhill - Interment Rights- Peace Plaza (cremation lots)- Single per lot $1,117.56 Y 1/1/2021 607 Oakhill - Interment Rights- Peace Plaza (cremation lots)- Double per lot $2,235.51 Y 1/1/2021 608 Mausoleum Interment Rights- Section A per interment right $2,771.28 Y 1/1/2021 609 Mausoleum Interment Rights- Section B per interment right $2,912.76 Y 1/1/2021 610 Mausoleum Interment Rights- Section C per interment right $2,903.22 Y 1/1/2021 611 Mausoleum Interment Rights- Section Chapel per interment right $3,829.42 Y 1/1/2021 612 Mount Hope Columbarium (Eternal Peace Gardens) Inurnment Rights- Columbarium #1, #3, #5 per niche $2,525.81 Y 1/1/2021 Two appropriately sized urns per niche. 613 Mount Hope Columbarium (Eternal Peace Gardens) Inurnment Rights- Columbarium #2, #4, #6 per niche $2,799.26 Y 1/1/2021 Two appropriately sized urns per niche. 614 Oakhill Columbarium- Inurnment Rights- Level 6 per inurnment right $2,530.29 Y 1/1/2021 615 Oakhill Columbarium- Inurnment Rights- Level 5 per inurnment right $2,530.29 Y 1/1/2021 616 Oakhill Columbarium- Inurnment Rights- Level 4 per inurnment right $2,530.29 Y 1/1/2021 617 Oakhill Columbarium- Inurnment Rights- Level 3 per inurnment right $2,530.29 Y 1/1/2021 618 Oakhill Columbarium- Inurnment Rights- Level 2 per inurnment right $2,213.93 Y 1/1/2021 619 Oakhill Columbarium- Inurnment Rights- Level 1 per inurnment right $2,213.93 Y 1/1/2021 620 Interments (Burial) Adult- Mon-Fri per interment $1,082.13 Y 1/1/2021 621 Interments (Burial) Adult- Saturday per interment $1,587.17 Y 1/1/2021 622 Interments (Burial) Child- Mon-Fri per interment $615.96 Y 1/1/2021 623 Interments (Burial) Child- Saturday per interment $888.61 Y 1/1/2021 624 Interments (Burial) Infant- Mon-Fri per interment $357.64 Y 1/1/2021 625 Interments (Burial) Infant- Saturday per interment $585.10 Y 1/1/2021 626 Interments (Burial) Cremation- Mon-Fri per interment $355.13 Y 1/1/2021 627 Interments (Burial) Cremation- Saturday per interment $592.70 Y 1/1/2021 38Page 129 of 146Page 356 of 817 REFERENCE #FEE DESCRIPTION UNIT OF MEASURE 2021 RATE (EXCL HST) HST APPLIES (Y/N) EFFECTIVE DATE MM/DD/YYYY ADDITIONAL INFORMATION PUBLIC WORKS- PARKS SERVICES CEMETERY SERVICES 628 Interments (Burial) Cremation-Admin Fee $45.86 Y 1/1/2021 Admin fee for 2nd interment when 2 interments occur at same time in same grave 629 Interments (Burial)- Late Charges-Admin Fee per interment $190.27 Y 1/1/2021 For funerals arriving after 4:00pm Mon-Fri or after 11:00am Saturday 630 Inurnment of Cremated Remains- Mon-Fri per inurnment $165.99 Y 1/1/2021 631 Inurnment of Cremated Remains- Saturday per inurnment $252.63 Y 1/1/2021 632 Mausoleum Interment- End Opening/Closing per interment $1,030.98 Y 1/1/2021 633 Mausoleum Interment- Side Opening/Closing per interment $1,232.71 Y 1/1/2021 634 Mount Hope & Greenwood- Monument Foundations- Large per foundation $620.14 Y 1/1/2021 Large (36" - 60" x 14") 635 Mount Hope & Greenwood- Monument Foundations- Medium per foundation $544.49 Y 1/1/2021 Medium (30" - 38" x 12" - 14") 636 Mount Hope & Greenwood- Monument Foundations- Small per foundation $504.82 Y 1/1/2021 Small (21" - 32" x 12") 637 Oakhill- Monument Foundations- Adult Upright per foundation $513.25 Y 1/1/2021 638 Oakhill- Monument Foundations- Single Upright per foundation $513.25 Y 1/1/2021 639 Oakhill- Monument Foundations- 2-graves Upright per foundation $705.68 Y 1/1/2021 640 Oakhill- Monument Foundations- 3- graves Upright per foundation $747.23 Y 1/1/2021 641 Oakhill- Monument Foundations- Cremation Upright per foundation $248.59 Y 1/1/2021 642 Installation of Markers- up to 12"per installation $179.62 Y 1/1/2021 643 Installation of Markers- over 12"per installation $189.06 Y 1/1/2021 644 Installation of Markers- Columbarium Plaque per installation $45.76 Y 1/1/2021 645 Removal & Re-installation of Markers- up to 12"per removal/installation $95.08 Y 1/1/2021 646 Removal & Re-installation of Markers- up to 12"per removal/installation $126.70 Y 1/1/2021 647 Removal & Re-installation of Markers- Columbarium Niche Door per removal/installation $31.12 Y 1/1/2021 648 Removal of Markers per removal $76.50 Y 1/1/2021 649 Removal of Foundation per removal $216.40 Y 1/1/2021 650 Care and Maintenance- Flat Markers measuring: equal to or more than 439.42 cm (173 sq. in)per marker $50.00 Y 1/1/2021 651 Care and Maintenance- Upright Monuments (including base) measuring: 1.22m (4 ft.) in height and 1.22m (4 ft.) or less in length per monument $100.00 Y 1/1/2021 652 Care and Maintenance- Upright Monuments (including base) measuring: more than 1.22m (4 ft.) in either height and length per monument $200.00 Y 1/1/2021 39Page 130 of 146Page 357 of 817 REFERENCE #FEE DESCRIPTION UNIT OF MEASURE 2021 RATE (EXCL HST) HST APPLIES (Y/N) EFFECTIVE DATE MM/DD/YYYY ADDITIONAL INFORMATION PUBLIC WORKS- PARKS SERVICES CEMETERY SERVICES 653 Disinterment- Same Cemetery - Removal & Re-interment Casket Only- Adult per disinterment $2,396.41 Y 1/1/2021 654 Disinterment- Same Cemetery - Removal & Re-interment Casket Only- Child per disinterment $1,513.08 Y 1/1/2021 655 Disinterment- Same Cemetery - Removal & Re-interment Casket Only- Infant per disinterment $1,016.08 Y 1/1/2021 656 Disinterment- Same Cemetery - Removal & Re-interment - Cremated Remains Urn per disinterment $677.90 Y 1/1/2021 657 Disinterment- Same Cemetery Removal & Re-interment - Companion Urn per disinterment $575.65 Y 1/1/2021 658 Disinterment- Same Cemetery Removal & Re-interment Concrete Container- Adult per disinterment $2,113.93 Y 1/1/2021 659 Disinterment- Same Cemetery Removal & Re-interment Concrete Container- Child per disinterment $1,316.61 Y 1/1/2021 660 Disinterment- Same Cemetery Removal & Re-interment Concrete Container- Infant per disinterment $925.60 Y 1/1/2021 661 Disinterment- Same Cemetery Removal & Re-interment - Cremated Remains- Urn Vault per disinterment $677.90 Y 1/1/2021 662 Disinterment- Another Cemetery - Removal Casket Only- Adult per disinterment $1,580.55 Y 1/1/2021 663 Disinterment- Another Cemetery - Removal Casket Only- Child per disinterment $1,065.25 Y 1/1/2021 664 Disinterment- Another Cemetery - Removal Casket Only- Infant per disinterment $771.35 Y 1/1/2021 665 Disinterment- Another Cemetery - Removal Cremated Remains Urn per disinterment $398.09 Y 1/1/2021 666 Disinterment- Another Cemetery Removal Concrete Container- Adult per disinterment $1,266.67 Y 1/1/2021 667 Disinterment- Another Cemetery Removal Concrete Container- Child per disinterment $846.95 Y 1/1/2021 668 Disinterment- Another Cemetery Removal Concrete Container- Infant per disinterment $670.80 Y 1/1/2021 669 Disinterment- Another Cemetery Removal Cremated Remains- Urn Vault per disinterment $398.09 Y 1/1/2021 670 Disinterment - Additional charge when vault truck required per disinterment $450.00 Y 1/1/2021 40Page 131 of 146Page 358 of 817 REFERENCE #FEE DESCRIPTION UNIT OF MEASURE 2021 RATE (EXCL HST) HST APPLIES (Y/N) EFFECTIVE DATE MM/DD/YYYY ADDITIONAL INFORMATION PUBLIC WORKS- PARKS SERVICES CEMETERY SERVICES 671 Disinterment - Additional charge on top of the vault truck charge, when vault truck required for more than 3 hours.per hour $150.00 Y 1/1/2021 672 Use of Mortuary- First month or part thereof per month $194.64 Y 1/1/2021 673 Use of Mortuary- Each additional month or part thereof per month $160.74 Y 1/1/2021 674 Dedication Program- Memorial Bench Garden per dedication $1,903.81 Y 1/1/2021 675 Dedication Program- Memorial Tree- New Tree & Plaque per dedication $1,021.68 Y 1/1/2021 676 Dedication Program- Memorial Tree- Existing Tree & Plaque per dedication $650.20 Y 1/1/2021 677 Dedication Program- Memorial Tree- New Tree only (no plaque)per dedication $650.20 Y 1/1/2021 678 Lot Services Program- Full flowerbed Service per program $174.66 Y 1/1/2021 679 Lot Services Program- 10" Potted Plant with Hanger style stand per program $72.73 Y 1/1/2021 680 Lot Services Program- Stand Only- Hanger style per program $35.36 Y 1/1/2021 681 Lot Services Program- 10" Potted Plant with Holder style stand per program $72.73 Y 1/1/2021 682 Lot Services Program- Stand Only- Holder style per program $35.36 Y 1/1/2021 683 Wreath Program- Saddle per wreath $63.86 Y 1/1/2021 684 Wreath Program- Circular 18"per wreath $36.33 Y 1/1/2021 685 Wreath Program - Christmas 18"per wreath $36.33 Y 1/1/2021 686 Wreath Program- Circular 20"per wreath $44.55 Y 1/1/2021 687 Transfer of Deed- registration of transfer/admin fee per transfer $2.48 Y 1/1/2021 688 Transfer of Deed- Preparation of transfer/admin fee per transfer $63.40 Y 1/1/2021 689 Duplicate Deed per copy $31.67 Y 1/1/2021 690 Mausoleum Key (additional to original issue)per key $8.67 Y 1/1/2021 691 Family Research (after 10 names)per name $12.58 Y 1/1/2021 41Page 132 of 146Page 359 of 817 1 4800 South Service Road Beamsville, ON LOR 1B1 TEL 905-563-8205 FAX 905-563-6566 CEMETERY PRICE LIST - EFFECTIVE JANUARY 1, 2020 LICENCE # 3288070 Town of Lincoln operates Vineland Cemetery, Mount Osborne Cemetery, Oaklawn Cemetery, MountView Cemetery, and Mennonite Mountain Burial Ground. Lots/Cremation Graves/Niche Land C&M* Cost HST Total Resident Non-Resident Single grave 1,350.00 900.00 2250.00 292.50 2542.50 Cremation grave 474.00 316.00 790.00 102.70 892.70 Niche A 1365.00 735.00 2100.00 273.00 2373.00 Niche B 1099.80 592.20 1692.00 219.96 1911.96 Single grave 2025.00 1350.00 3375.00 438.75 3813.75 Cremation grave 711.00 474.00 1185.00 154.05 1339.05 Niche A 2047.50 1102.50 3150.00 409.50 3559.50 Niche B 1649.70 888.30 2538.00 329.94 2867.94 Services Cost HST Total Full Burial Regular hours 1350.00 175.50 1525.50 Overtime rate 1755.00 228.15 1983.15 Sunday/Holiday 2025.00 263.25 2288.25 Cremation Regular hours 480.00 62.40 542.40 Overtime rate 624.00 81.12 705.12 Sunday/Holiday 720.00 93.60 813.60 Double Depth Burial Grandfathered Only Inurnment Regular hours 1980.00 257.40 2237.40 Overtime rate 2574.00 334.62 2908.62 Sunday/Holiday 2970.00 386.10 3356.10 Regular hours 382.50 49.73 432.23 Overtime rate 497.25 64.64 561.89 Sunday/Holiday 573.75 74.59 648.34 Scatter Garden Regular hours 276.00 35.88 311.88 Overtime rate 365.82 47.56 413.38 Sunday/Holiday 422.10 54.87 476.97 Administrative Services Cost HST Total Duplicate Certificate 35.00 4.55 39.55 Affidavit of Heirs and Authority 250.00 32.50 282.50 Transfer of Interment Rights 125.00 16.25 141.25 42Page 133 of 146 Page 360 of 817 2 Marker/Monument/Foundations Install C&M* Cost HST Total Flat Marker – 172 square inches or less 140.00 - 140.00 18.20 158.20 Flat Marker – Over 172 square inches 170.00 50.00 220.00 28.60 248.60 Upright Monument – 4’ or less height & width - 100.00 100.00 13.00 113.00 Upright Monument – Over 4’ height or width - 200.00 200.00 26.00 226.00 Monument Inspection/Administration 75.00 9.75 84.75 Foundation – Per cubic foot 40.00 - 40.00 5.20 45.20 Foundation – Minimum fee 325.00 - 325.00 42.25 367.25 Foundation – Cornerstones 150.00 - 150.00 19.50 169.50 Columbarium Memorial Cost HST Total Columbarium Name Plate 400.00 52.00 452.00 Name Plate Space Hold 50.00 6.50 56.50 Columbarium Bronze Wreath 850.00 110.50 960.50 Bronze Wreath Preneed 100.00 13.00 113.00 Commemorative Program Cost HST Total Tree with Key Tag 750.00 na 750.00 Bench with Plaque 2,295.00 Na 2,295.00 Picnic Table with Plaque 2,495.00 na 2,495.00 *C&M = Care and Maintenance fees; they are held in trust for future upkeep of cemeteries. ** C&M fees to lots sold prior to January 1, 1955, and for which these fees have not previously been paid shall reflect the current care and maintenance fees as shown on the current price list. 43Page 134 of 146 Page 361 of 817 3 44Page 135 of 146 Page 362 of 817 The Corporation of the Town of Fort Erie Mailing Address: 1 Municipal Centre Drive, Fort Erie, ON L2A 2S6 Cemetery Supervisor: 1818 Pettit Road, Fort Erie, 905-871-1600, Ext. 2468 Payments (Cash, Cheque, Debit, VISA, MasterCard): Leisureplex Office, 3 Municipal Centre Drive, Fort Erie Cemetery Price List Effective April 1, 2020 Rates Approved through By-Law 17-2019 revising By-law 40-09, Schedule IS-D. The Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c.33, as amended, and Regulations thereto, provides owners of cemeteries with authority to establish price lists. The following fees shall be adjusted annually based on the Statistics Canada Consumer Price Index (CPI), save and except those identified with “NCPI”. RESIDENT RATES Purchase of Interment Rights per Lot Description Interment Rights Care & Maintenance Total Before HST HST (13%) Total The following may contain one casket interment and the cremated remains of 3 persons. Markers and upright monuments are permitted. Adult Grave (Section L Greenwood) $814.54 $543.03 $1,357.75 $176.48 $1,534.05 Adult Grave (McAffee Standard Plot) $879.88 $586.58 $1,466.46 $190.64 $1,657.10 Adult Grave $708.37 $472.25 $1,180.62 $153.48 $1,334.10 The following may contain one casket interment and the cremated remains of 3 persons. Only Flat Markers are permitted. Adult Grave (Section G Greenwood) $615.88 $410.58 $1,026.46 $133.44 $1,159.90 Infant and Child Graves may contain the casketed or cremated remains of one infant or child. Only Flat Markers are permitted. Infant or Child Grave (under 10Years) $324.43 $216.28 $540.71 $70.29 $611.00 Cremation Lots other than in McAffee Cemetery may contain the cremated remains of one person. Only Flat Markers are permitted. Cremation $324.43 $216.28 $540.71 $70.29 $611.00 Cremation (Section L Greenwood) $407.44 $271.63 $679.07 $88.28 $767.35 Cremation Lots in McAffee Cemetery may contain the cremated remains of 3 persons. Only Flat Markers are permitted. Cremation or Infant Plot (McAffee 2’x5’) $432.61 $288.41 $721.02 $93.73 $814.75 Interment Charge (Opening & Closing) * Includes the Licensing Fee as per the Funeral, Burial and Cremations Services Act, 2002 Description Price Before HST HST (13%) Total Adult* $787.17 $102.33 $889.50 Child (1-9 Years)* $430.40 $55.95 $486.35 Infant (Under 1 Year)* $215.40 $28.00 $243.40 Cremation, including Niche opening/closing where applicable * $268.98 $34.97 $303.95 Legion Columbarium Niche opening/closing * $268.98 $34.97 $303.95 Subsequent In-ground Interment Fee $144.34 $18.76 $163.10 Note: Opening charges do NOT include grass covering, lowering device or tent. Regardless of age, if an adult case is used for a child, an adult charge will apply. 45Page 136 of 146 Page 363 of 817 The Town of Fort Erie – Cemetery Price List effective April 1, 2020 Page 2 of 5 Schedule “IS-D” Page 2 NON-RESIDENT RATES Purchase of Interment Rights per Lot Description Interment Rights Care & Maintenance Total Before HST HST (13%) Total The following may contain one casket interment and the cremated remains of 3 persons. Markers and upright monuments are permitted. Adult Grave (Section L Greenwood) $1,425.45 $950.30 $2,375.75 $308.85 $2,684.60 Adult Grave (McAffee Standard Plot) $1,539.80 $1,026.53 $2,566.33 $333.62 $2,899.95 Adult Grave $1,239.56 $826.37 $2,065.93 $268.57 $2,334.50 The following may contain one casket interment and the cremated remains of 3 persons. Only Flat Markers are permitted. Adult Grave (Section G Greenwood) $1,077.82 $718.55 $1,796.37 $233.53 $2,029.90 Infant and Child Graves may contain the casketed or cremated remains of one infant or child. Only Flat Markers are permitted. Infant or Child Grave (under 10 Years) $567.69 $378.46 $946.15 $123.00 $1,069.15 Cremation Lots other than in McAffee Cemetery may contain the cremated remains of one person. Only Flat Markers are permitted. Cremation $567.69 $378.46 $946.15 $123.00 $1,069.15 Cremation (Section L Greenwood) $712.96 $475.31 $1,188.27 $154.48 $1,342.75 Cremation Lots in McAffee Cemetery may contain the cremated remains of 3 persons. Only Flat Markers are permitted. Cremation or Infant Plot (McAffee 2’ x 5’) $756.98 $504.66 $1,261.64 $164.01 $1,425.65 Interment Charge (Opening & Closing) * Includes the Licensing Fee as per the Funeral, Burial and Cremation Services Act, 2002 Description Price Before HST HST (13%) Total Adult* $1,377.39 $179.06 $1,556.45 Child (1-9 Years)* $753.23 $97.92 $851.15 Infant (Under 1 Year)* $376.90 $49.00 $425.90 Cremation, including Niche opening/closing where applicable* $470.84 $61.21 $532.05 Legion Columbarium Niche opening/closing* $470.84 $61.21 $532.05 Subsequent In-ground Interment Fee $252.70 $32.85 $285.55 Note: Opening charges do NOT include grass covering, lowering device or tent. Regardless of age, if an adult case is used for a child, an adult fee will apply. 46Page 137 of 146 Page 364 of 817 The Town of Fort Erie – Cemetery Price List effective April 1, 2020 Page 3 of 5 Schedule “IS-D” Page 3 GREENWOOD COLUMBARIUM (48 Niche Dome Unit) Level Base Price Care & Maintenance Wreath Opening & Closing Price Before HST HST (13%) Total F $1,291.94 $292.42 $657.50 $268.98 $2,510.84 $326.41 $2,837.25 E $1,291.94 $292.42 $657.50 $268.98 $2,510.84 $326.41 $2,837.25 D $1,424.52 $312.32 $657.50 $268.98 $2,663.32 $346.23 $3,009.55 C $1,424.52 $312.32 $657.50 $268.98 $2,663.32 $346.23 $3,009.55 B $1,291.94 $292.42 $657.50 $268.98 $2,510.84 $326.41 $2,837.25 A $1,026.94 $252.69 $657.50 $268.98 $2,206.11 $286.79 $2,492.90 Each niche shall have the cremated remains of not more than two (2) persons. Purchase of a niche in the columbarium includes the rights for inurnment per niche, care and maintenance, wreath name plaque, one cremation opening and closing, and the Licensing Fee as per the Funeral, Burial and Cremation Services Act, 2002. GREENWOOD COLUMBARIUM (72 Niche Dome Unit) & RIDGEWAY MEMORIAL COLUMBARIUM (72 Niche Dome Unit) Level Base Price Care & Maintenance Wreath Opening & Closing Price Before HST HST (13%) Total F $1,269.50 $289.06 $657.50 $2,216.06 $288.09 $2,504.15 E $1,269.50 $289.06 $657.50 $2,216.06 $288.09 $2,504.15 D $1,402.15 $308.93 $657.50 $2,368.58 $307.92 $2,676.50 C $1,402.15 $308.93 $657.50 $2,368.58 $307.92 $2,676.50 B $1,269.50 $289.06 $657.50 $2,216.06 $288.09 $2,504.15 A $1,004.55 $249.32 $657.50 $1,911.37 $248.48 $2,159.85 Each niche shall have the cremated remains of not more than two (2) persons. Purchase of a niche in the columbarium includes the rights for inurnment per niche, care and maintenance, and wreath name plaque. The opening and closing fees are billed separately at the time of inurnment. McAFFEE RAYNER COLUMBARIUM 1 (64 Niche) Base Price Care & Maintenance Wreath Opening & Closing Price Before HST HST (13%) Total $1,658.80 $292.75 $268.98 $2,220.53 $288.67 $2,509.20 Each niche shall have the cremated remains of not more than two (2) persons. Purchase of a niche in the columbarium includes the rights for inurnment per niche, care and maintenance, and one cremation opening and closing, and the Licensing Fee as per the Funeral, Burial and Cremation Services Act, 2002. McAFFEE RAYNER COLUMBARIUM 2 (64 Niche) Base Price Care & Maintenance Wreath Opening & Closing Price Before HST HST (13%) Total $1,636.50 $288.81 $1,925.31 $288.67 $2,175.60 Each niche shall have the cremated remains of not more than two (2) persons. Purchase of a niche in the columbarium includes the rights for inurnment per niche, and care and maintenance. 47Page 138 of 146 Page 365 of 817 The Town of Fort Erie – Cemetery Price List effective April 1, 2020 Page 4 of 5 Schedule “IS-D” Page 4 LEGION COLUMBARIUM 2 AT GREENWOOD CEMETERY (64 Niche) Base Price Care & Maintenance Wreath Opening & Closing Price Before HST HST (13%) Total Contact the Legion $143.23 $143.23 $18.62 $161.85 Each niche shall have the cremated remains of not more than two (2) persons. Niches in the columbarium must be arranged through the Cemetery Chairman of Royal Canadian Legion, Branch 71. DISINTERMENT RATES (Opening & Closing Only) Description Price Before HST HST (13%) Total Casket $1,630.49 $211.96 $1,842.45 Cremation $475.62 $61.83 $537.45 Note: All casket burial disinterments will be contracted out with Cemetery staff doing the opening and closing only. Relocation of disinterments in Town-owned cemeteries will require the purchase of new interment rights and opening and closing fees on new graves. ADDITIONAL SERVICES CHARGES (Over & Above Normal Burial Charges) Description Total Before HST HST (13%) Total Saturday Burial – Casket $500.84 $65.11 $565.95 Saturday Burial – Cremation $280.53 $36.47 $317.00 Statutory Holiday – Casket $1,081.77 $140.63 $1,222.40 Statutory Holiday – Cremation $608.58 $79.12 $687.70 Late Arrival to Cemetery for Interment (charged for every part hour) Weekdays after 4:00 p.m. and Saturday after 2:00 p.m. $72.177 $9.38 $81.55 Statutory Holidays after 2:00 p.m. $144.29 $18.76 $163.05 Note: Normal working hours are 7:30 a.m. – 4:00 p.m., Monday to Friday. Saturdays are NOT considered to be normal working hours. No interments are scheduled on a Sunday. 48Page 139 of 146 Page 366 of 817 The Town of Fort Erie – Cemetery Price List effective April 1, 2020 Page 5 of 5 Schedule “IS-D” Page 5 OTHER CHARGES Description Care & Maintenance Total Before HST HST (13%) Total Optional Cremation Above-Ground Setup (including lowering device) $144.29 $18.76 $163.05 Preparation of Transfer of Ownership, per lot or niche $68.45 $8.90 $77.35 Provide Duplicate Interment Rights Certificate, per lot or niche $45.44 $5.91 $51.35 Charge for Setting Marker & Pouring Foundation Construction of Monument Foundation (Per Cubic Foot of Concrete) $34.34 $4.46 $38.80 Minimum Charge for Foundation $390.09 $50.71 $440.80 Flat Marker Installation Installation Care & Maintenance Total Before HST HST (13%) Total Under 173 Square Inches $115.22 $115.22 $14.98 $130.20 Over 173 Square Inches $184.38 $50.00 (NCPI) $234.38 $30.47 $264.85 Upright Marker Care & Maintenance Under 4 Feet in Height or Width $100.00 (NCPI) $100.00 $13.00 $113.00 Over 4 Feet in Height or Width $200.00 (NCPI) $200.00 $26.00 $226.00 Cemetery & Park Memorial Programs Memorial Bench Program* (includes plaque and installation of concrete pad) $1,500.00 Memorial Tree Program* (includes Corian plaque) $500.00 * A charitable tax receipt will be issued prior to the end of the dedication year. Additional Information is available upon request. 49Page 140 of 146 Page 367 of 817 10/16/2020 Cemeteries - City of Thorold https://www.thorold.ca/en/living-here/cemeteries.aspx#Cemetery-Bench 1/4 Cemeteries ** Please be advised of the following: May 13 to May 20, 2020 the roof on the Lakeview Cemetery Mausoleum is being replaced, times may vary due to weather conditions. Week of May 26, 2020, the Lakeview Cemetery Driveway will be receiving tar and chip, times may vary due to weather conditions. The Cemetery Department operates and cares for 11 cemeteries throughout the community; nine of which are historical, and two are still active. Lakeview Cemetery, established in 1886, lies hidden in a secluded, wooded area on the east side of the Welland Canal, close to the Niagara Escarpment. To the west of Lock 7, Old Lakeview has a spectacular view of the ships as they start their decent down the escarpment and out to Lake Ontario. On clear days, guests are graced with Toronto’s skyline, dancing along the horizon. A variety of wildlife is often viewed scampering throughout the grounds and amongst the mausoleum and columbarium. Lakeview, painted with its many flower gardens, shrubberies and trees, provides a serene resting place for your loved ones, as well as a peaceful atmosphere for reflection. A staff member that is experienced and devoted to easing the business of difficult necessity is at your service from Monday to Friday from 8:30 a.m. to 4:00 p.m. For an appointment, please call 905-227-1911, or drop in during regular business hours. Memorial Bench/ Tree Program The Memorial Bench/Tree Program is operated by the City of Thorold Operations Department. Your donation to this program will not only provide a lasting memory of a loved one, but also beautify our Cemetery and Parks. All applications will be received and processed on a first come first served basis. The City reserves the right to determine and limit the locations for the bench/tree. We will however, consider any requests subject to approval. Should you have any questions or require futher information prior to submitting your application, please do not hesitate to contact us. Fees 50Page 141 of 146 Page 368 of 817 10/16/2020 Cemeteries - City of Thorold https://www.thorold.ca/en/living-here/cemeteries.aspx#Cemetery-Bench 2/4 Tree Staff will attempt to accomodate types of trees requested, where possible. Price includes complete installation (actual cost of tree from nursery) Memorial Plaque Flat granit marker installed to City specifications. Inscription is provided. $300.00 Price includes complete installation Park Bench Heavey duty construction anchored to a concrete footing. $700.00 Price includes complete installation Cemetery Bench High quality cast iron (black) ends with hardwood slats (mahogony finish) Includes Memorial Plaque installed in bench with your engraved inscription. $1,600.00 Price includes complete installation Tree Nurseries generally offer a one year guarantee on trees. Beyond that if the tree dies or is vandilized, the City shall not be responsible for its replacement. Bench If the bench is vandalized or stolen within 3 years from the time of installation, the City will repair or replace the bench with the same or equivalent style bench. After the three (3) year period, the City of Thorold will use its best efforts to contact the purchaser in order to provide option to purchase a replacement bench, or if the City of Thorold cannot contact the purchaser, the existing plaque will be removed and held for a period of one (1) year. The bench will be removed and disposed of and the location will be made available for other donors. It is your responsibility to inform the City of Thorold of an address change. Lakeview Cemetery Price List Resident Grave Charges - Prices include taxes Adult Grave $1,004.03 51Page 142 of 146 Page 369 of 817 10/16/2020 Cemeteries - City of Thorold https://www.thorold.ca/en/living-here/cemeteries.aspx#Cemetery-Bench 3/4 Child Grave (1-9 years)$382.26 Infant Grave $348.67 Cremation Plot $332.30 Residential Burial Charges - Prices include taxes Adult $812.19 Child (1-9 years)$324.72 Infant $300.31 Inurnment $234.94 Mausoleum Crypt Opening $302.40 Niche Opening $151.37 Non-Resident Grave Charges - Prices include taxes Adult Grave $1,523.96 Child Grave (1-9 years)$526.78 Infant Grave $469.86 Cremation Plot $416.95 Non-Resident Burial Charges - Prices include taxes Adult $1,167.18 Child (1-9 years)$584.01 Infant $452.86 Inurnment $383.86 Mausoleum Crypt Opening $354.61 Niche Opening $190.01 Mausoleum Crypts and Niches - Prices include taxes Single Crypts $8,047.67 - $12,922.05 Single Niches $474.60 - $1,744.15 Double Crypts $18,493.98 - $29,613.85 52Page 143 of 146 Page 370 of 817 10/16/2020 Cemeteries - City of Thorold https://www.thorold.ca/en/living-here/cemeteries.aspx#Cemetery-Bench 4/4 Double Niches $1,840.74 - $4,010.37 Additional Service Charges - Prices include taxes Burials after 3:00 p.m. (per half hour)$190.52 Burial on legal holiday (when permitted)$600.37 Saturday Burial before 11:00 a.m.$429.31 Saturday Burial after 11:00 a.m. (per half hour)$180.70 Resident Disinternment (removal and relocation subject to approval) - plus opening fees $861.40 Non-Resident Disinternment (removal and relocation subject to approval) - plus opening fees $1,584.61 Transfer of Deed $53.39 Constructing Monument Foundation (per cubic foot)$23.70 Minimum Charge for each foundation $187.94 Setting Markers (all sizes)$57.43 © 2018 The Corporation of the City of Thorold, 3540 Schmon Parkway, PO Box 1044, Thorold ON, L2V 4A7 Phone: 905-227-6613 Fax: 905-227-5590 TTY: 905-227-6206 Email us Hours of Operation: 8:30 a.m. to 4:30 p.m. Monday to Friday Designed by eSolutionsGroup (http://www.esolutionsgroup.ca) 53Page 144 of 146 Page 371 of 817 F-519 19/10/16 Rev: 8 60 East Main Street, Welland, ON Infrastructure Services Department 905-735-1700, Ext 3000 WOODLAWN and DOAN'S RIDGE CEMETERIES 2020 RESIDENT RATES INTERMENT RIGHTS (LAND ACQUISITION) Interment Rights Care & Maintenance Subtotal H.S.T. Total Charge Adult Single Grave (Flat Marker Only) $508.00 $340.00 $848.00 $110.24 $958.24 Adult Single Grave (Monument Section ) $604.00 $403.00 $1007.00 $130.91 $1137.91 Two Grave Plot (Monument Section) $1209.00 $807.00 $2016.00 $262.08 $2278.08 Cremation Plot (Woodlawn Cemetery only) $224.00 $153.00 $377.00 $49.01 $426.01 Infant Grave (Section "L" only) $224.00 $153.00 $377.00 $49.01 $426.01 WEEKDAY BURIALS ** Cemetery Charges Provincial Licence Fee Subtotal H.S.T. Total Charge Adult $642.00 $12.00 $654.00 $85.02 $739.02 Infant $371.00 $12.00 $383.00 $49.79 $432.79 Cremation (Greens provided) $371.00 $12.00 $383.00 $49.79 $432.79 SATURDAY BURIALS ** Cemetery Charges Provincial Licence Fee Subtotal H.S.T. Total Charge Adult $777.00 $12.00 $789.00 $102.57 $891.57 Infant $442.00 $12.00 $454.00 $59.02 $513.02 Cremation (Greens provided) $442.00 $12.00 $454.00 $59.02 $513.02 SUNDAY & HOLIDAY BURIALS ** Cemetery Charges Provincial Licence Fee Subtotal H.S.T. Total Charge Adult $911.00 $12.00 $923.00 $119.99 $1042.99 Infant $746.00 $12.00 $758.00 $98.54 $856.54 Cremation (Greens provided) $746.00 $12.00 $758.00 $98.54 $856.54 SETTING MARKERS & POURING FOUNDATIONS (RESIDENT & NON-RESIDENT) Cemetery Charge Subtotal H.S.T. Total Charge Per cubic foot of concrete (poured 5 feet deep) $29.00 NA $3.77 $32.77 Setting of a flat marker on a grave $96.00 NA $12.48 $108.48 Setting of four corner markers on a grave $96.00 NA $12.48 $108.48 CARE & MAINTENANCE (MARKERS & MONUMENTS) Cemetery Charge Subtotal H.S.T. Total Charge Flat marker over 172 square inches $50.00 NA $6.50 $56.50 Upright monument up to 4 feet in height or length $100.00 NA $13.00 $113.00 Upright monument exceeding 4 feet in height or length $200.00 NA $26.00 $226.00 ADDITIONAL SERVICES Cemetery Charge Subtotal H.S.T. Total Charge Disinterment charges $1039.00 NA $135.07 $1174.07 • Payment is due upon execution of the contract. • Double depth burials are not permitted. • A maximum of four cremations will be permitted to be buried on top of an adult single grave. • Device and tents are not provided by Welland Parks and Recreation. • Greens are available for cremations only. 54Page 145 of 146 Page 372 of 817 F-520 19/10/16 Rev: 8 60 East Main Street, Welland, ON Infrastructure Services Department 905-735-1700, Ext 3000 WOODLAWN and DOAN'S RIDGE CEMETERIES INTERMENT RIGHTS (LAND ACQUISITION) Interment Rights Care & Maintenance Subtotal H.S.T. Total Charge Adult Single Grave (Flat Marker Only) $766.00 $510.00 $1276.00 $165.88 $1441.88 Adult Single Grave (Monument Section) $907.00 $605.00 $1512.00 $196.56 $1708.56 Two Grave Plot (Monument Section) $1813.00 $1208.00 $3021.00 $392.73 $3413.73 Cremation Plot (Woodlawn Cemetery only) $337.00 $224.00 $561.00 $72.93 $633.93 Infant Grave (Section "L" only) $337.00 $224.00 $561.00 $72.93 $633.93 WEEKDAY BURIALS ** Cemetery Charges Provincial Licence Fee Subtotal H.S.T. Total Charge Adult $964.00 $12.00 $976.00 $126.88 $1102.88 Infant $560.00 $12.00 $572.00 $74.36 $646.36 Cremation (Greens provided) $560.00 $12.00 $572.00 $74.36 $646.36 SATURDAY BURIALS ** Cemetery Charges Provincial Licence Fee Subtotal H.S.T. Total Charge Adult $1165.00 $12.00 $1177.00 $153.01 $1330.01 Infant $664.00 $12.00 $676.00 $87.88 $763.88 Cremation (Greens provided) $664.00 $12.00 $676.00 $87.88 $763.88 SUNDAY & HOLIDAY BURIALS ** Cemetery Charges Provincial Licence Fee Subtotal H.S.T. Total Charge Adult $1367.00 $12.00 $1379.00 $179.27 $1558.27 Infant $1116.00 $12.00 $1128.00 $146.64 $1274.64 Cremation (Greens provided) $1116.00 $12.00 $1128.00 $146.64 $1274.64 SETTING MARKERS & POURING FOUNDATIONS (RESIDENT & NON-RESIDENT) Cemetery Charge Subtotal H.S.T. Total Charge Per cubic foot of concrete (poured 5 feet deep) $29.00 NA $3.77 $32.77 Setting of a flat marker on a grave $96.00 NA $12.48 $108.48 Setting of four corner markers on a grave $96.00 NA $12.48 $108.48 CARE & MAINTENANCE (MARKERS & MONUMENTS) Cemetery Charge Subtotal H.S.T. Total Charge Flat marker over 172 square inches $50.00 NA $6.50 $56.50 Upright monument up to 4 feet in height or length $100.00 NA $13.00 $113.00 Upright monument exceeding 4 feet in height or length $200.00 NA $26.00 $226.00 ADDITIONAL SERVICES Cemetery Charge Subtotal H.S.T. Total Charge Disinterment charges $1039.00 NA $135.07 $1174.07 2020 NON RESIDENT RATES •Payment is due upon execution of the contract. •Double depth burials are not permitted. •A maximum of four cremations will be permitted to be buried on top of an adult single grave. •Device and tents are not provided by City of Welland Infrastructure Services. •Greens are available for cremations only.55Page 146 of 146 Page 373 of 817 1 Niagara Falls Comprehensive Cemeteries Plan 2022-06-21Niagara Falls Comprehensive Cemeteries PlanPage 374 of 817 2 Presentation Outline Comprehensive Cemeteries Plan Components –Page 3 Important Cemetery Considerations –Page 5 Niagara Falls’ Cemeteries Current State –Pages 6 -8 Demand Forecast & Expansion Land Needs –Pages 9 -11 BAO Approval Process –Page 12 Perpetual Care Fund Adequacy –Page 13 Recommendations –Page 14 Questions Niagara Falls Comprehensive Cemeteries Plan 2022-06-21Page 375 of 817 3 Comprehensive Cemeteries Plan Components Cemeteries Current State Cemeteries Demand Forecast and Land Needs Perpetual Care Fund Adequacy Cemetery Expansion Needs & Concept Price Benchmarking Marketing Recommendations Cemetery Bylaw Review & Recommendations Niagara Falls Comprehensive Cemeteries Plan 2022-06-21Page 376 of 817 4 Cemetery Photos Page 377 of 817 5 Important Cemetery Considerations Ultimately ALL cemeteries will become municipal responsibilities Over the long term the ONLY source of revenue that matters is the PCF Niagara Falls Comprehensive Cemeteries Plan 2022-06-21Page 378 of 817 6 Cemeteries Map 32 Cemeteries in Niagara Falls: Municipality is responsible for 24: 4 active 2 semi-active 18 inactive pioneer cemeteries 11 religious and other cemeteries 6 Properties evaluated for potential cemetery expansion Niagara Falls Comprehensive Cemeteries Plan 2022-06-21 Niagara Falls Cemeteries Current State ▪ ▪MEWBURN EXPANSION PROPERTY Page 379 of 817 7 Niagara Falls Cemeteries Current State Fairview & Lundy’s Lane Cemeteries Niagara Falls Comprehensive Cemeteries Plan 2022-06-21Page 380 of 817 8 Niagara Falls Cemeteries Current State Stamford Green Heritage Columbarium & Drummond Hill Cemetery Niagara Falls Comprehensive Cemeteries Plan 2022-06-21Page 381 of 817 9 Demand Forecast and Land Needs Total Annual Burials & Inurnments 0 200 400 600 800 1000 2010 2015 2020 2025 2030 2035 2040 2045Total Annual DispositionsActual Status Quo Forecast High Demand Forecast Total Annual Interment Right Sales 0 100 200 300 400 500 600 700 800 2010 2015 2020 2025 2030 2035 2040 2045Total Annual DispositionsActual Status Quo Forecast High Demand Forecast Demand Forecast Scenario Cumulative Land Need 2020 –2045 Status Quo Demand Forecast 9.1 acres High Demand Forecast 11.8 acres Niagara Falls Comprehensive Cemeteries Plan 2022-06-21Page 382 of 817 10 Cemetery Expansion Land Needs Only 1.5 acres of remaining developable land at Fairview and Lundy’s Lane Cemeteries Cemetery expansion land is needed 10 acres of cemetery land needed by 2045 6 potential expansion properties evaluated Niagara Falls Comprehensive Cemeteries Plan 2022-06-21Page 383 of 817 11 Preferred Option Mewburn Expansion Area –City-owned land Niagara Falls Comprehensive Cemeteries Plan 2022-06-21Page 384 of 817 12 Approval Process for New Cemetery Development Notification –signage & publication Medical Officer of Health approval: May require Geotechnical/Hydrological survey Municipal approval: May require Archaeological/Cultural survey, Rezoning, and/or Site Plan Bereavement Authority of Ontario (BAO) approval: Requires proof of above plus sales plan Niagara Falls Comprehensive Cemeteries Plan 2021-11-01Page 385 of 817 13 Perpetual Care Fund (PCF) Adequacy Analysis Annual Maintenance Expense $957,300 (2020 dollars) PCF Balance $4,295,707 (December 31, 2019) Average Annual Withdrawal $128,680 (2010 –2019) Coverage Ratio (expense / withdrawal)13% Required PCF Balance (at 2.5% RROR*)$38,292,000 PCF Contribution per acre $598,200 Land required to achieve PCF Adequacy 45 acres *Real Rate of Return (RROR) is the net investment return earned after the effect of inflation is removed. It is calculated by subtracting the rate of inflation from the nominal rate of investment return. For example, an investment earning 5% in an environment of 2% inflation would have an RROR of 5% -2% = 3% RROR. Niagara Falls Comprehensive Cemeteries Plan 2022-06-21Page 386 of 817 14 Summary of Recommendations Cemetery expansion land is needed Develop amenities as demand requires Withdraw only the RROR* from Perpetual Care Fund (PCF) & monitor growth Adjust prices per report recommendations Legal review of the report’s Bylaw recommendations *Real Rate of Return (RROR) is the net investment return earned after the effect of inflation is removed. It is calculated by subtracting the rate of inflation from the nominal rate of investment return. For example, an investment earning 5% in an environment of 2% inflation would have an RROR of 5% -2% = 3% RROR. Niagara Falls Comprehensive Cemeteries Plan 2022-06-21Page 387 of 817 15 Niagara Falls Comprehensive Cemeteries Plan Questions?Fraser Drysdale Email: fdrysdale@gspgroup.ca Tel: 226 243 7291 Niagara Falls Comprehensive Cemeteries Plan 2022-06-21Page 388 of 817 MW-2022-33 Report Report to: Mayor and Council Date: June 21, 2022 Title: Welcome To Chippawa Sign Feature Condition and Information Recommendation(s) 1. That Council receive this report for information 2. That future planning, design, and improvements to the Welcome To Chippawa Sign Feature be referred to future Capital Budgets for consideration. Executive Summary Following a request by Council with regards to concerns with the condition and operation of electrical lighting at the Welcome to Chippawa Sign, Staff proceeded to complete a sign condition assessment. The condition assessment included inspection of the sign; inspection of the electrical system and lighting; and troubleshooting any current issues. As further detailed in this report it was determined that the sign is in poor condition and requires major upgrades. It is anticipated that a new sign would cost approximately $75,000. Any future plans for a new sign should again consider potential partnerships for funding and design. Background The Welcome To Chippawa Sign Feature project was approved by Council and completed in 1999 (see July 8, 1999 Correspondence - Attachment 1 and 2). The sign project was intiated by the Chippawa BIA at the time, and funding for the sign feature was a shared partnership with contributions from the City, Chippawa BIA, and Gales Gas Bar Corporation. The sign was built to be both a welcome sign to the historic area of Chippawa for the City of Niagara Falls, and for recognition of James Cameron, famous movie director, whose hometown was Chippawa. The sign feature is located on property consisting of City of Niagara Falls road allowance and Niagara Parks Commission lands (Welcome To Chippawa Sign Plan - Attachment 3). Analysis Staff had the sign condition inspected by Signature Signs and Weinmann Electric. The results are: 1. The current sign condition is poor (in excess of 20 years). Replacement of the sign was the recommendation by the original sign company that built the sign, as opposed to repair and refurbishment. Refer to Attachment 4. Page 1 of 9 Page 389 of 817 2. There are no ground lights illuminating the sign. The decorative light pole directly adjacent to the sign is the only light for the sign area. Currently the light is not operational due to issues with the condition of the electrical cabinet and equipment. Staff short in arrange can term equipment and electrical the for repairs replacement for the light pole to operate, however for future plans a new lighting system or integrated lighting in the sign would be recommended. Refer to Attachments 5 and 6. 3. The sign feature area is in poor condition due to age. Planning and design for any future sign would include a newly designed landscaped area. In the short term, staff can address maintenance, supplemental planting, and clean up for the existing sign feature. Operational Implications and Risk Analysis the shared was feature sign of legal arrangement, original the In maintenance responsibility of the Chippawa BIA. However, since the dissolution of the BIA, little has been done with respect to sign maintenance since the sign exceeds standard city-wide service levels. The location of the sign feature is on shared lands with the Niagara Parks Commission, this sign location may remain or alternative locations may be considered thru collaboration and planning process with stakeholders. Financial Implications/Budget Impact Based on other similar Welcome Sign Entrance Features in the City, an estimated cost to replace the sign; add new lighting system; and new landscaping would be in the range of $75,000 to $100,000. Should Council wish to pursue the option to replace this sign feature and upgrade the lighting, this project will need to be included in future Capital Budgets and staff would look to collaborate with stakeholders and potential financial partners. In the short term, staff can look at the work and cost to repair/replace the electrical equipment for the existing light pole to be operational; however, these would be throw-away costs if replacement is ultimately desired. Strategic/Departmental Alignment The content and recommendations included in this report aligns with Council’s adoption of the 2019-2022 Strategic Priorities to provide a Healthy, Safe & Livable Community. Contributor(s) Jeff Claydon List of Attachments Welcome To Chippawa Sign Report - ATTACHMENT 1 Welcome To Chippawa Sign Report - ATTACHMENT 2 Welcome To Chippawa Sign Report - ATTACHMENT 3 Welcome To Chippawa Sign Report - ATTACHMENT 4 Welcome To Chippawa Sign Report - ATTACHMENT 5 Welcome To Chippawa Sign Report - ATTACHMENT 6 Page 2 of 9 Page 390 of 817 Written by: Jeff Claydon, Landscape Architect Erik Nickel, Director of Municipal Works Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 13 Jun 2022 Jason Burgess, CAO Approved - 15 Jun 2022 Page 3 of 9 Page 391 of 817 Page 4 of 9 Page 392 of 817 Page 5 of 9 Page 393 of 817 Page 6 of 9Page 394 of 817 Page 7 of 9Page 395 of 817 Page 8 of 9 Page 396 of 817 Page 9 of 9 Page 397 of 817 MW-2022-34 Report Report to: Mayor and Council Date: June 21, 2022 Title: Update on Implementation Strategy for the Climate Change Adaptation Plan Recommendation(s) 1. That Council receive for information this update on the implementation strategy for the climate change adaptation plan; and further, 2. That Council refer to the 2023 budget process considerations relating to staff complement increases necessary to support ongoing efforts to lead and deliver climate change initiatives; and further, 3. That Council authorize the CAO to exercise delegated authority to enter into partnership(s) with Local Area Municipalities, the Conservation Authority, or the Region for sharing of additional Climate Change related resources including potential staffing resources; and further, 4. That Council approve a 2023 pre-budget request in the amount of $75,000 for the purposes of engaging a consultant to assist with completion of the implementation strategy including additional public consultation, a risk and vulnerability assessment, vetting of recommendations, cost forecasting, a best-practices review, an organizational review, and report preparation. Executive Summary Council is provided this report as an update on the implementation strategy corresponding to the Climate Adaptation Plan that was approved on October 26, 2021. A total of 73 draft action items have been identified through a workshop attended by key staff members across all City departments. The action item list was subsequently circulated and reviewed by the Park in the City Committee and the Mayors Youth Advisory Committee during the Spring of 2022. Comments and feedback are summarized in this report. Completion of a proper implementation strategy will require a more fulsome consideration of best practices, leading-edge initiatives, costs, and timeframes. This strategy should also align with the greatest needs, which have yet to be defined through a risk and vulnerability assessment. Unfortunately Staff resources do not presently have the Page 1 of 33 Page 398 of 817 bandwidth nor the expertise to accomplish this in an expedited time frame. It is therefore recommended to engage external consultants to complete this plan through a 2023 pre- budget allocation of $75,000. If Council wishes to sustain an effort on mitigation and adaptation, it is further recommended to consider increasing corresponding staffing levels as part of the 2023 budget process. Background On October 26, 2021 Council received a presentation by James Sticca, Manager of Environmental Services and Dr. Jessica Blythe, Assistant Professor at Brock University's Environmental Sustainability Research Centre. This presentation outlined the to dapproach collaborative changing the to specific Plan an evelop Adaptation environment in Niagara Falls. A corresponding Climate Adaptation was also approved by Council following this presentation. The following five adaptation goals were expressed in the plan: 1. Increase Climate Change Literacy Amongst Staff and Public, 2. Invest in Infrastructure and Assets that are Prepared for the Impacts of Climate Change, 3. Encourage Green Methods of Transportation, 4. Create and Implement Energy Conservation Strategies for City Facilities, and 5. Mitigate Consequences of Extreme Weather, Emergency Events, and Safety Risks to the Community. Council also directed staff to prepare a follow-up report on the implementation strategy for organito: limited not but plan, considerations including the relating, zational responsibilities, governance, budget, policy implications, and communications; and to incorporate collaboration and input from other stakeholders including the Park in the City Committee and the agriculture industry. Analysis In late 2021 key Staff members from all City departments participated in a Climate Change Adaptation workshop. A total of 73 draft action items have been identified, each falling into various categories and themes of the original Adaptation Plan. A copy of this draft action item list is attached to this report. On February 9, 2022 the Director of Municipal Works/City Engineer presented the Climate Adaptation Plan and draft Implementation Strategy item list virtually at the Park in the City Committee. A similar presentation was conducted in-person on April 6, 2022 at the MacBain Community Centre to the Mayors Youth Advisory Committee. The following is a summarization of comments received by the public and the aforementioned Committees: • Consider having Council pass a resolution to call on OMERS to phase out its fossil fuel investments (see Kingston and Toronto examples) Page 2 of 33 Page 399 of 817 • Do away with Schools in Bloom, and replace with City -led education programs in schools. • Work with schools and support and implement youth-led campaigns to promote green decision making (recycling, compost, etc.) including improvements in schools themselves. • Expand public outreach on climate change beyond just Earth Day. • Improve access to public education resources at the City. One window approach. • Explore additional tree planting opportunities - including on private property. • Examine tree size and types to improve sustainability for long -term growth. • Establish policies and bylaws to preserve green space and trees as part of new development. • Focus on the larger picture with respect to development green space, and ensure connectivity between natural areas/green space/wetlands within developments. • Beautification and tree plantings in the area of the GO station area. • Add bike lanes and cycling lock-up facilities - particularly near transit facilities. • Broaden the focus of the plan with respect to public transportation. This includes improvements to walkability and active transportation. • Conduct a walkability audit and set a goal to improve accessibility. • Implement more electric vehicle chargers - particularly downtown. • Convert the City's fleet to electric vehicles in order to demonstrate a commitment to emission reduction. • Consider incentivizing residents and businesses to purchase electric vehicles or install electric vehicle chargers. • Consider alternative methods of communication beyond social media for notification of emergency heating/cooling centres, particularly geared at reaching vulnerable populations. • Promote local food, and community gardens in the City. • Consider geothermal solutions for publicly owned infrastructure, including exploration of district heating/cooling. Upon review of the lengthy actions list (attached) and the initiatives above, it is clear that the level of effort needed to elevate these initiatives within the organization needs to be addressed. If Council wishes to sustain an effort on mitigation and adaptation, it is recommended to consider increasing corresponding staffing levels by hiring a Climate Change Coordinator as part of the 2023 budget process. Staff suggest as a start, to reach out to neighbouring municipalities and Niagara Parks to investigate a shared- staffing possibility. The next steps towards completion of the implementation strategy are as follows: 1. Complete a risk and vulnerability assessment that will provide a prioritization of adaptation goals; 2. Refine the implementation plan and action item list based on best practices and municipal references elsewhere in Ontario; 3. Referencing the vulnerability assessment, assign a priority score to the various implementation initiatives; 4. Estimate realistic costs and timelines associated with initiatives; Page 3 of 33 Page 400 of 817 5. Assign responsibilities to the action items; 6. Obtain public input on the draft Implementation Strategy; 7. Completion of the implementation strategy document; 8. Integration into municipal workplans and budgets; 9. Ongoing improvements, education, measurement, and updates to the strategy. Completion of a proper implementation strategy will require a more fulsome consideration of the above next steps. Unfortunately Staff resources do not presently have the bandwidth nor the expertise to accomplish this in an expedited time frame. It is therefore recommended to engage external consultants now, to continue momentum and ultimately complete this plan by allocating an upset limit of $75,000 coming from a 2023 pre-budget allocation. While completion of the plan will require support and resources, Staff will nonetheless be proceeding on independently with a number of "quick wins". This includes a number of items embedded in the implementation strategy, as well as the following larger initiatives that are either already underway or for which details will be brought forth to Council at a later date: • Electric Zamboni acquisition • Phase 2 of Streetlight LED upgrades • MacBain Centre and other Facility LED upgrades • Fleet Electric Vehicle Feasibility Study • Increasing Tree Planting funding • Permeable Paving Trial Operational Implications and Risk Analysis The Climate Change Adaptation Plan that was developed through the partnership with Niagara Adapts and approved by Council in fall 2021 (see attached) has brought to light that our community will be faced with real risks and pressures in the future than ought to be considered. Council may therefore choose its path with respect to the extent it wishes Staff to engage and initiate programs and policies dealing wit both Climate Change Mitigation and Adaptation. Doing nothing will result in reactionary costs in the future. Acting proactively may mitigate reactionary costs, but will require an investment of both Staff time and Financial Resources. For the aforementioned reasons, it is recommended that a Climate Change Risk and Vulnerability Assessment be included as an important next step in the of development of the implementation plan. Financial Implications/Budget Impact Adoption of the Implementation Strategy, once completed, will result in a considerable number of action items requiring budgetary allocation. The extent of the impacts is not presently known nor calculable by Staff. Page 4 of 33 Page 401 of 817 In order to complete the next steps of the Implementation Strategy including the various missing components discussed in this report (e.g. Risk and Vulnerability Assessment, best practice review, municipal and agency scan, public consultation, cost estimates) it is recommended to allocate a budget of $75,000 for external consulting. Pre -allocation from the 2023 Capital Budget is recommended in order to move this initiative forward in a timely manner. Strategic/Departmental Alignment Climate Change Mitigation and Adaptation planning is an initiative that touches multiple departments in the City. It is therefore recommended to carefully consider proper alignment of the resources and staffing for this initiative within the Corporation. Addressing the impacts of climate change through adaptation aligns with Council's Strategic Priorities to foster Strong and Resilient Infrastructure, and a Healthy, Safe, and Livable Community. List of Attachments Implementation Plan Worksheet MW-2021-75 Appendix 1 CNF-MW-Climate-Adaptation Plan (October 2021)_reduced Written by: Erik Nickel, Director of Municipal Works Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 13 Jun 2022 Jason Burgess, CAO Approved - 15 Jun 2022 Page 5 of 33 Page 402 of 817 CLIMATE ADAPTATION PLAN IMPLEMENTATION STRATEGY a. Post the adaptation plan and implementation strategy on the City website and intranet COM ST N/A b. Create an intranet webpage with educational links and videos regarding climate change science COM MT N/A c. Create and publish short video clips on the intranet and circulate via email to City Staff and the public through social media COM MT $ d. Implement health and safety training regarding heat stress, high-heat days and extreme weather (for example)HR ST N/A a. Include LID best practices in the Municipal Standards MW MT N/A b. Add LID best practice resources to the Municipal Works and Planning and Development (Site Plan) webpages MW/P&D ST N/A c. Incorporate LID into Official Plan Policies as part of the upcoming Official Plan update P&D MT N/A d. Accommodate and encourage LID training for development staff MW/P&D MT N/A a. Ongoing financial and volunteer support of the Niagara Children’s Water Festival. MW/FIN ONGOING $ b. Consider hiring students to develop and deliver an annual environmental/climate change education program to elementary students.COM LT $$ c. Share an informational package and/or video with school boards for potential inclusion in local school curriculum.COM LT $ d. Utilize existing outreach opportunities within various depts. (e.g. school crossing guards, fire prevention, summer camps) to deliver the climate change message to schools. COM/Fire/Traffic/ R&C LT N/A e. Re-Engage Brock University / Niagara Adapts experts for updates to the Climate Adaptation Plan and Implementation Strategy TBD LT N/A f. Investigate a School tree-planting or tree-giveaway program R&C MT $ a. Develop an information package including the Adaptation Plan and this Implementation Strategy, and solicit feedback from the PITC and MYAC COM/R&C ST N/A b. Deliver programing at the annual Mother Earth Day event R&C ONGOING $ a. Develop annually, and keep up-to-date, a summary of climate-related impacts and initiatives relating to individual departments ALL ONGOING N/A b. Summarize the Climate Adaptation Plan, Implementation Strategy, and individual Departmental Workplans in the Council orientation package COM ST N/A a. Add a new Climate Change Coordinator position (FTE) to the organization CAO ST $$$ b. Form an Ad-Hoc Municipal Working Group dedicated to climate change consisting of City Staff, Council Members, and Stakeholder Representatives CLERK MT N/A c. Continually update the Climate Adaptation Plan and Implementation Strategy TBD ONGOING $ 1.6 Designate staffing and resources to Climate Change Mitigation and Adaptation ASSIGNED TO/ TIMING 1.4 Utilize existing City committees such as Park in the City and Mayor’s Youth Advisory to continue to promote climate change awareness 1.5 Develop Individual Departmental Workplans and Initiatives related to Climate Change Adaptation. INITIATIVE ACTION PLAN 1. Increase climate change literacy amongst staff and public 1.1 Utilize City intranet to provide educational links and information regarding climate change and climate change science 1.2 Educate City Staff on Low Impact Design (LID) and other storm water management practices that promote groundwater recharge 1.3 Work with Municipal and Educational partners in promoting climate change awareness and consistent messaging SHORT / MED / LONG TERM EFFORT $ < 10K $$ = 10K - 50K $$$ > 50K CITY OF NIAGARA FALLS PAGE 1 OF 5Page 6 of 33Page 403 of 817 CLIMATE ADAPTATION PLAN IMPLEMENTATION STRATEGY ASSIGNED TO/ TIMINGINITIATIVEACTION PLAN SHORT / MED / LONG TERM EFFORT $ < 10K $$ = 10K - 50K $$$ > 50K a. Increase the rainfall Intensity-Duration-Frequency (IDF) curve relationship by 5% per the recommendations of the 2017 Master Drainage Plan Climate Change analysis. Implement the change as part of the Municipal Standards comprehensive update MW MT $ b. Incorporate Inflow and Infiltration (I/I) reduction strategies and best practices for new development in the Municipal Standards MW MT $ c. Complete a comprehensive Wet Weather and Combined Sewer Overflow (CSO) reduction strategy MW LT $$ d. Incorporate climate change impacts into the City’s asset management plan and long-range capital forecasts MW/FIN LT $ a. Include LID best practices in the Municipal Standards (see 1.2.a)MW MT $ b. Investigate development credits for innovation and on-site capture and treatment of stormwater that exceeds minimum requirements P&B MT $ c. Investigate implementation of LID and Stormwater Management (SWM) best practices at all new City Facility projects and major renovations FAC LT $$ a. Undertake and implement a Strategic Urban Forest Management Plan (SUFMP) that is driven by specific objectives and goals; for example: 1) identify and reduce heat-island effects in dense urban areas, 2) increase the percentage of tree canopy cover City-wide, 3) protect and enhance natural wildlife corridors MW LT $$$ b. Take inventory and account for all environmental assets and features, not only trees, as part of the Asset Management Plan MW/GIS LT $$$ c. Review the approved species tree planting list and consider modifications to incorporate trees with high carbon capture properties MW MT $ d. Track tree removals and new plantings in real-time and publish data and metrics on the City’s tree inventory annually MW/IS MT $$ e. Increase tree planting budget to match 2:1 replanting of City trees (per City Policy) and prepare an annual report of tree removals and plantings MW/FIN LT $$$ f. Continue to support tree giveaways/sales and tree planting programs (800-1000 seedlings current annually)R&C ONGOING $$ a. Perform a comprehensive review of tree-related policies applicable to new development (official plan, tree-saving policy, woodlot policy, boulevard planting location, etc.)P&B/MW/RC MT $ b. Increase development tree planting contribution to 2 trees per lot in a subdivision (cash-in- lieu: 1 for development and 1 to support initiatives detailed in the SUFMP)P&B/MW LT N/A c. Similar to DC contributions, investigate additional incentives and credits related to tree planting and climate adaptation/ mitigation elements proposed by developers P&B/FIN LT $ d. update memorial tree policy to clearly define policy application (City trees vs. private trees), greater awareness, and subscription in the program P&B MT N/A 2. Invest in infrastructure and assets that are prepared for the impacts of climate change 2.1 Update engineering and design standards to create a more resilient infrastructure network 2.2 Increase LID and other storm water management philosophies to promote groundwater recharge 2.3 Strengthen tree protection through species diversification and enhancement of tree canopy. 2.4 Ensure new development, redevelopment and intensification preserve and contribute to quality green spaces CITY OF NIAGARA FALLS PAGE 2 OF 5Page 7 of 33Page 404 of 817 CLIMATE ADAPTATION PLAN IMPLEMENTATION STRATEGY ASSIGNED TO/ TIMINGINITIATIVEACTION PLAN SHORT / MED / LONG TERM EFFORT $ < 10K $$ = 10K - 50K $$$ > 50K a. Include Active Transportation section in the next Transportation Master Plan (TMP) update MW MT N/A b. Prepare an implementation plan complete with budgetary estimate as part of TMP update. Work closely with the PITC MW/FIN MT $ a. Implement the GO Station precinct plan including bus-drop off, pedestrian facilities, active transportation, parking facilities MW LT $$$ b. Align City transit routes, stops and times to ensure GO ridership is supported TRAN MT $ c. Continue to provide General Transit Feed Specification (GTFS) on City services to all other transit agencies to ensure seamless trip planning ONGOING N/A N/A d. Implement contactless payment solutions TRAN/IS MT $$ a. Add EV guidelines to the City’s site planning design manual P&B MT $ b. Review new regional OP policies, and consider changes to City policy to match P&B LT $ a. Continue cooperation with Niagara Region and the new Transit Commission ONGOING ONGOING N/A b. Promote Transit through City Communications ONGOING ST N/A 3.1 Continue to connect trails, pathways and bike paths to create alternative methods of travel within the City 3.2 Continue to work to enhance GO Transit levels of service to full day, year-round service 3.3 Encourage electric vehicle charging as part of new development 3.4 Continue promotion of inter-municipal transit system, making public transportation convenient and timely 3. Encourage green methods of transportation CITY OF NIAGARA FALLS PAGE 3 OF 5Page 8 of 33Page 405 of 817 CLIMATE ADAPTATION PLAN IMPLEMENTATION STRATEGY ASSIGNED TO/ TIMINGINITIATIVEACTION PLAN SHORT / MED / LONG TERM EFFORT $ < 10K $$ = 10K - 50K $$$ > 50K a. Perform a desktop review of previous audits to identify current status, gaps, outstanding issues, and initiatives FAC/RC/FIN MT $ b. Perform a comprehensive energy audit of all City facilities FAC MT $$ c. Develop an energy management plan including targets for reduced energy consumption FAC MT $$ d. Identify the City’s overall carbon footprint and GHG emissions based on utility usage, review historical emissions, and set targets and plans for future reduction FAC/FLEET MT $$ a. Explore hydrogen fuel cell and electrification within transit TRAN ST $ b. Perform a fleet electrification feasibility study and implement a pilot of City fleet electrification MW ST $$ c. Review and implement facility active transportation amenities to support staff and visitor choices at City facilities and City parking lots (e.g. charging stations, bike racks, bike storage, showers, locker-room, etc.) FAC/R&C/PARKING MT $$ a. Continually review grant opportunities ALL ONGOING ONGOING N/A b. Engage with local utility and agencies (NPEI, Enbridge, OPG) Conservation Demand Management (CDM) staff and explore partnership opportunities related to the City’s energy management and carbon footprint / GHG reduction plans FIN/FAC LT N/A a. Investigate LEED principles and programs prior to initiating any new facility or major renovation. Conclusions to be summarized in a memo to file FAC LT N/A b. Include best practices for shade options as part of the parks development section of the Municipal Standards MW MT $ 4. Create and implement energy conservation strategies for City facilities 4.1 Perform energy audits of City facilities to provide base level understanding of current efficiency levels 4.2 Investigate alternative energy strategies to reduce reliance on carbon fuels 4.3 Leverage upper level government programs and grants to retrofit existing facilities to improve energy efficiency 4.4 Enhanced shading and cooling options in new facilities and parks, including green roofs and non-permeable surface options CITY OF NIAGARA FALLS PAGE 4 OF 5Page 9 of 33Page 406 of 817 CLIMATE ADAPTATION PLAN IMPLEMENTATION STRATEGY ASSIGNED TO/ TIMINGINITIATIVEACTION PLAN SHORT / MED / LONG TERM EFFORT $ < 10K $$ = 10K - 50K $$$ > 50K a. Implement development flow-monitoring requirements, and do not accept new development that exceeds inflow/infiltration allowances that exceed design volumes MW MT $ b. Incorporate Inflow and Infiltration (I/I) reduction strategies and best practices for new development in the Municipal Standards (see 2.1.b)MW MT $ c. Complete a comprehensive Wet Weather and Combined Sewer Overflow (CSO) reduction strategy (2.1.c)MW MT $$ d. Continue to explore private development infrastructure standards to ensure that I/I is controlled at the source P&B MT N/A e. Increase education, inspection, and enforcement of the Downspout Disconnection Bylaw (83-254) particularly in areas of high I/I P&B/MW MT N/A 5.2 Ensure all Risk Assessments within the Corporation are updated to include climate change considerations a. Review the City’s Hazard Identification Risk Assessment (HIRA) on an annual basis, and integrate City risk assessments into the broader Regional program FIRE ONGOING N/A a. Continue to promote and advertise locations of emergency response centres via transit and social worker handouts. COM ONGOING N/A b. Strengthen social media and website outreach related to emergency response centres COM ONGOING N/A b. Establish a budget for operations of emergency response centres, and plan for future increases given the changing climate FIN MT $ c. Track utilization of emergency response centres and plan ahead for expansion of the program when required R&C ST N/A d. With Regional guidance, establish clear parameters for when/where we open: pools, splash pads, warming & cooling centres, etc. FIRE/R&C ST N/A e. Continue engagement with the library to offer services R&C ST $ a. Continue the promotion of this program with OEFM and CEMC guidance FIRE ONGOING N/A b. Increase media promotion of the annual Emergency Preparedness Week FIRE/COM ST N/A c. Cross-promote emergency preparedness with other timely opportunities, events, and circumstances (e.g. as a reminder coinciding with daylight savings time)FIRE/COM ST N/A 5. Mitigate consequences of extreme weather, emergency events and safety risks to the community 5.1 Reduce all sources of inflow and infiltration into the sanitary sewer system including public and private property sources 5.3 Continue to provide and promote easy access to heating and cooling centres (i.e. emergency response centres) to all residents 5.4 Continue to promote emergency preparedness week and 72 hour emergency kits CITY OF NIAGARA FALLS PAGE 5 OF 5Page 10 of 33Page 407 of 817 CLIMATE ADAPTATION PLAN Page 11 of 33 Page 408 of 817 Acknowledgements Introduction Climate Change and Climate Change Science 1 2 3 Climate Adaptation Niagara Falls Climate Data Historical and Projected Climate Vulnerability Study Results 5 8 9 Vision Statement 13 Monitoring and Continuous Improvement References 20 21 Niagara Falls Climate Adaptation Plan Goals 14 TABLE OF CONTENTS Climate Vulnerability in Niagara Falls 6 Niagara Falls Climate Adaptation Plan Actions 15 Page 12 of 33 Page 409 of 817 The City Of Niagara Falls Climate Adaptation Plan would not have been made possible without the guidance, expertise and support of the Niagara Adapts group, the Brock University Environmental Sustainability Research Centre and Municipal Partners from around the Niagara Region who worked in a collaborative effort to create individual climate adaptation plans. ACKNOWLEDGEMENTS C L I M A T E A D A P T A T I O N P L A N | 1 Page 13 of 33 Page 410 of 817 The City of Niagara Falls is nestled on the edge of the Niagara River, with Niagara-on-the-Lake to the north, Fort Erie to the south, and Welland and Thorold to the west, representing a total land coverage of 213 square km. The City itself has a network of 1,183 km of roadways, 481 km of watermain and 434 km of sanitary sewer, servicing a population of over 86,760 residents – which increases exponentially during the tourist season. In the summer of 2019, the City of Niagara Falls along with 6 other local Municipalities formed a partnership with Brock University’s Environmental Sustainability Research Centre to create “Niagara Adapts”. The goal of Niagara Adapts is to cultivate a community of practice for climate change adaptation planning and build communities resilient to the impacts of climate change in the Niagara Region for future generations. Niagara Adapts performed public consultation and surveys with each respective Municipality, ensuring each community had an opportunity to provide input on climate vulnerability, Vision statement and Climate Adaptation Plan goals. INTRODUCTION C L I M A T E A D A P T A T I O N P L A N | 2 Page 14 of 33 Page 411 of 817 According to the Intergovernmental Panel on Climate Change (IPCC), climate change can be defined as a change in the state of the climate that can be identified by changes in the mean and/or variability of its properties and that persists for an extended period, typically decades or longer. Climate change may be due to natural processes or persistent anthropogenic changes in the composition of the atmosphere or in the land use. These anthropogenic changes include carbon dioxide production and deforestation, etc. The 2019 report entitled “Canada’s Changing Climate Report” published by Environment and Climate Change Canada provides evidence identifying that Canada’s climate has warmed and will warm further in the future, drive by human influence. Warmer climate will intensify some weather extremes in the future, including extreme hot temperatures becoming more frequent and intense. Seasonal availability of freshwater is changing, with an increased risk of water supply shortage in the summer. Less extreme cold, shorter snow and ice cover seasons, thinning glaciers and thawing permafrost all leading to rising sea levels. The report further warns that the effects of widespread warming are already evident in many parts of Canada. These impacts include: CLIMATE CHANGE AND CLIMATE CHANGE SCIENCE C L I M A T E A D A P T A T I O N P L A N | 3 i ii iii Page 15 of 33 Page 412 of 817 A review of the climate statistics for Niagara Falls can be found under the “Climate Vulnerability and Risk” section of the plan. These impacts have a ripple effect throughout the environment and economy. Less extreme cold and shorter snow season has resulted in the tick population increasing, impacting outdoor enjoyment. Rain events are becoming more frequent with higher intensity, resulting in infrastructure capacity constraints. Wind damage during intense storms causing property damage and impacting home owner insurance. Climate change is putting strain on our community impacting the natural environment, infrastructure and property: CLIMATE CHANGE AND CLIMATE CHANGE SCIENCE C L I M A T E A D A P T A T I O N P L A N | 4 Page 16 of 33 Page 413 of 817 The strategy for adapting to climate change Takes appropriate measures to prevent the impacts of climate change CLIMATE ADAPTATION The strategy for reducing the impact of climate change Aimed at reducing greenhouse gases CLIMATE ACTION/MITIGATION Climate adaptation can defined at the actions taken to reduce the negative impact of climate change while taking advantage of potential new opportunities. Localized in scale and scope National/ Global in scale Long term efforts and strategies Short term goals This involves adjusting policies and actions because of observed or expected changes in the climate. Adaptation can be either reactive to past events, or proactive via anticipation of climate impacts before they are observed. Climate adaptation is different than climate action/mitigation. However, the two concepts are not independent of each other and do overlap. The focus of this plan is climate adaptation – determining ways Niagara Falls can adapt and evolve to address the expected and anticipated changes in the climate. CLIMATE ADAPTATION C L I M A T E A D A P T A T I O N P L A N | 5 iv vMitigation VS Adaptation Page 17 of 33 Page 414 of 817 Vulnerability noun / vul ner a bil i ty As part of reviewing climate vulnerability, projected climate data is used to gauge future susceptibility. Projected climate data was obtained from climatedata.ca, a collaboration between Environment and Climate Change Canada (ECCC), the Computer Research Institute of Montréal (CRIM), Ouranos, the Pacific Climate Impacts Consortium (PCIC), the Prairie Climate Centre (PCC), and HabitatSeven. " The degree to which a system is susceptible to, or unable to cope with, adverse effects of climate change, including climate variability and extremes. Vulnerability is a function of the character, magnitude, and rate of climate variation to which a system is exposed, its sensitivity, and its adaptive capacity." The Niagara Adapts group agreed to use a representative concentration pathway (RCP) of 8.5, when reviewing projected climate data. An RCP 8.5 works under the assumption that greenhouse gas, aerosols and chemically active gas concentrations will continue to increase at the same rate they are today. C L I M A T E A D A P T A T I O N P L A N | 6 CLIMATE VULNERABILITY IN NIAGARA FALLS vi Page 18 of 33 Page 415 of 817 This is the worst case scenario and is appropriate when reviewing vulnerability. The chart below depicts a series of different main threats and changes specific to Niagara Falls. The climate scenario data sets below use a historical data average from 1950 to 2005, a projected value at the year 2050 and a projected value at the year 2100 assuming an RCP of 8.5. The data available through climatedata.ca offers a range of pathways or RCP, ranging from best case to the worst case used in this plan. C L I M A T E A D A P T A T I O N P L A N | 7 Present day land use pattern changes, deforestation rates and land cover are also assumed to continue under an RCP 8.5 assumption. Tropical Nights in Niagara Falls 1950 - 2100 www.climatedata.ca CLIMATE VULNERABILITY IN NIAGARA FALLS Page 19 of 33 Page 416 of 817 DATA SET 1950 TO 2005 AVG 2050 2100 NIAGARA FALLS CLIMATE DATA C L I M A T E A D A P T A T I O N P L A N | 8 HISTORICAL AND PROJECTED D A T A S E T 1 9 5 0 T O 2 0 0 5 A V G 2 0 5 0 2 1 0 0 Annual MeanTemperature Extreme Heat Days(>30°C) Extreme Heat Days(>37°C) Extreme Cold Days(<-15°C) Days Without Frost Annual TotalPrecipitationExtreme Wet Days(>10mm) Annual TotalPrecipitationExtreme Wet Days(>20mm) Annual TotalPrecipitation Tropical Nights (>22°C) 8.6°C 11.81°C 15.34°C 7 days 45 days 94 days 0 days 0 days 10 days 8 days 0 days 0 days 187 days 214 days 256 days 26 days 34 days 29 days 7 days 9 days 10 days 884 mm 1045 mm 1024 mm 2 days 19 days 57 days Page 20 of 33 Page 417 of 817 The projected changes to the climate speak to what Niagara Falls may experience in the future, and the risks associated with those changes. However, the impacts of climate change are being felt today. In the fall of 2019, a vulnerability study was conducted by Niagara Adapts seeking public participation and comment on the impacts of and exposure to climate change. There were 153 respondents to the survey who provided insight on whether they have experienced any impacts of climate change, how prepared they feel the City Of Niagara Falls is to adapt to climate change, and if Municipal resources should be spent climate change adaptation. The graphic on the next page illustrates a summary of the results. CLIMATE VULNERABILITY STUDY RESULTS C L I M A T E A D A P T A T I O N P L A N | 9 Page 21 of 33 Page 418 of 817 74% CLIMATE VULNERABILITY STUDY RESULTS C L I M A T E A D A P T A T I O N P L A N | 1 0 of respondents believe climate change is impacting their community of respondents have experienced community flooding 39% of respondents have experienced extreme cold 31% of respondents have experienced extreme heat 57% of respondents have experienced severe weather 20% Only 18% of respondents feel that Niagara Falls is prepared to adapt to climate change. of respondents believe humans have the capacity to address climate change 86% of respondents support municipal resources being used for climate change adaptation 86% of respondents feel adapting to climate change is a top priority for their households 49% OPPORTUNITIES FOR ADAPTATION EXPOSURE TO CLIMATE CHANGE IN NIAGARA FALLS 13% of respondents have experienced household flooding Only 35% of respondents have a sump pump Only 22% of respondents use rain barrels 60% of respondents have household flood insurance Note: Percentages on this page reflect the 153 people who completed surveys in Niagara Falls. Page 22 of 33 Page 419 of 817 "HEAT STROKE & EXHAUSTION" "PHYSICALLY SICK" “Both my husband and my daughter work outdoors and in the last two years they each suffered severe heat stroke and heat exhaustion while on their jobs.” “I work in a restaurant that is so hot, they have ac but it doesn’t put a dent in the extreme heat because the building is so old. I ride my bicycle to work in the heat and then sweat all day working hard in front of an oven and then ride home in the blazing afternoon sun. Some days the heat makes me physically sick.” "CONCERNED FOR FAMILY" “Unable to spend a lot of time outside. Kids activities are either cancelled or cut back in their intensity. Worried about my mom who is older and does not have air conditioning.” Please briefly explainthe consequences ofextreme heat The following are excerpts of the full survey, which can be found as an appendix to this document. CLIMATE VULNERABILITY STUDY RESULTS C L I M A T E A D A P T A T I O N P L A N | 1 1 Page 23 of 33 Page 420 of 817 "ADJUST WORK HOURS" "COOL DOWN CAR" “I’ve attempted to work later in the afternoon and earlier in the morning (with some success), but temperatures early in the day or in the evening remain very hard for me to deal with.” “The hot humid air affects my asthma, so I have to stay indoors in air conditioning. If I need to go to work, I remote start my car a few minutes before I drive to let the air conditioning cool the interior of the vehicle. My workplace is also air conditioned. I like to walk for exercise, and I am unable to walk outside.” "COOLING CENTRE""STAYED INSIDE" "AIR CONDITIONING" "LUCKILY WE HAVE A GOOD AIR CONDITIONING SYSTEM" Please briefly explain howyou coped/ responded toextreme heat The following are excerpts of the full survey, which can be found as an appendix to this document. CLIMATE VULNERABILITY STUDY RESULTS C L I M A T E A D A P T A T I O N P L A N | 1 2 Page 24 of 33 Page 421 of 817 V I S I O N S T A T E M E N T N i a g a r a F a l l s i s c o m m i t t e d t o p r o t e c t i n g t h e C i t y a n d t h e n a t u r a l e n v i r o n m e n t f r o m t h e i m p a c t s o f c l i m a t e c h a n g e . N i a g a r a F a l l s w i l l l o o k f o r w a y s t o a d a p t t o t h e c h a n g e s t h a t w i l l b e e x p e r i e n c e d , e n s u r i n g N i a g a r a F a l l s i s a g r e a t C i t y f o r g e n e r a t i o n s t o c o m e . C L I M A T E A D A P T A T I O N P L A N | 1 3 Page 25 of 33 Page 422 of 817 Ten goals were created using Niagara Falls City Council’s Strategic Priorities as a base concept. Each goal was provided to the public for survey and feedback, the goals were further refined in five main goals. Goal #1 Increase climate change literacy among staff and public. Goal #2 Invest in infrastructure and assets that are prepared for the impacts of climate change. Goal #3 Encourage green methods of transportation. Goal #4 Create and implement energy conservation strategies for City facilities. Goal #5 Mitigate consequences of extreme weather, emergency events and safety risk to the community. GOALS C L I M A T E A D A P T A T I O N P L A N | 1 4 CLIMATE ADAPATION PLAN Page 26 of 33 Page 423 of 817 U ti l iz e C it y int ran et t o p r o v i d e e d ucat i o n a l l ink s and i n f or mat i o n r e g a r d in g c l i m a te c h a n ge a n d cl i m a t e c h a n ge s c i e n c e . C i t y I n t r a n e t Increase climate change literacy among staff and public E ducat e s taff o n L ow I m p a c t De v e l o p ment (L I D ) a n d o ther s to r m m a n agem e n t p ract i c es t h a t p ro m ot e g ro u n d w a t e r re c h ar g e . E d u c a t i o n W o rk w i th M uni c i p a l a n d E d u c a t io n a l p a r t n e r s in p ro m o t in g c l im a te c h a n g e a w a r e n e s s w it h c o n si st e n t mes s a gi n g . P a r t n e r s h i p s U t i li z e e x i st i n g Ci t y co m mi t t e e s such a s P a r k i n t he C i t y a n d M a y o r ’s Yo u th a d v i so r y to c on t i n u e to pr om o te c li m a t e c h a n g e a w a r e n e s s. C o m m i t t e e s CLIMATE ADAPATION PLAN ACTIONS C L I M A T E A D A P T A T I O N P L A N | 1 5 Page 27 of 33 Page 424 of 817 G r e e n S p a c e s U p d a te e n g i n e e r i n g a n d d es i g n s t andar d s t o c reat e a mo r e re s il i e n t inf r as t r u c t ur e net w o rk . U p d a t e S t a n d a r d s Invest in infrastructure and assets that are prepared for the impacts of climate change Incr e a se L I D a n d o t h e r s t o rm w a t er m anagem e n t p h i l o s o p hi e s to p ro m ot e g ro u n d w a t e r rec har g e . G r o u n d w a t e r R e c h a r g e St r eng t h e n t r e e p ro t e c t io n thr oug h s p e c ie s d iv er si fi c a t io n a n d e n h a n c e m e n t o f t r ee c a n opy. T r e e P r o t e c t i o n E n sur e n e w d e v e l o p m e n t, r e d e v e lo p m e n t a n d i n t e n s i f i c a t i o n p res e r v e a n d c o n tr i b u te to qual i t y g r een s p a c e s . C L I M A T E A D A P T A T I O N P L A N | 1 6 CLIMATE ADAPATION PLAN ACTIONS Page 28 of 33 Page 425 of 817 Co n t i n u e t o c o n n e c t t r ai l s , p a th w a ys and b i k e p a ths t o c r e a t e a l t e r n a t i v e m e tho d s o f tr a v e l w it h i n t h e C it y A l t e r n a t i v e M e t h o d s o f T r a v e l Encourage green methods of transportation C o n ti n ue to w o r k t o e n h a n c e G O T rans i t l e v e l s o f s e rvi c e t o f ul l d a y , y e a r-r o u n d s e rvi c e G O T r a n s i t E n c o u r a g e e l e c t r ic v e h i c l e c h a rgi n g a s p a r t o f n e w d e v e l opm e n t E l e c t r i c V e h i c l e s C on ti nu e p r o m o t i o n o f t h e i n t e r -muni ci p a l t r a n s i t s y s t e m , ma ki n g p u b l i c t ran s p o r t a t i o n c o n v e n i e n t a n d t i m e l y I n t e r -M u n i c i p a l T r a n s i t C L I M A T E A D A P T A T I O N P L A N | 1 7 CLIMATE ADAPATION PLAN ACTIONS Page 29 of 33 Page 426 of 817 P e r f o r m e n er g y a u d i ts o f C it y f a c il i t i e s to pr o v i d e b a se level u n d e r s t a n d i n g o f c u rr e n t e f fi c i e n c y l e v e ls . E n e r g y A u d i t s Create and implement energy conservation strategies for City facilities I n v e s t igat e a l t e r n a t i v e ener g y st ra t e g i e s t o r e d u c e r e l i a n c e o n c a r b o n f u e ls . A l t e r n a t e E n e r g y S t r a t e g i e s L e v e r age u p p e r l e v e l g o ve r n m e n t p r ogr a ms a n d gr a n ts t o ret ro fi t e x i s ti n g f a c i li t ies to i m p r ove e n e rg y e f fi c i e n c y . G o v e r n m e n t P r o g r a m s a n d G r a n t s Enhan ce sha d ing a nd c o ol i n g o p ti ons i n n e w faci l it y a n d par ks , i n c l udi ng g r e e n r o ofs a n d no n -p e r meab l e s u r f a c e o p t i o ns . S h a d i n g a n d C o o l i n g O p t i o n s C L I M A T E A D A P T A T I O N P L A N | 1 8 CLIMATE ADAPATION PLAN ACTIONS Page 30 of 33 Page 427 of 817 R ed u c e a l l s ou r c e s of i n f l o w a n d i n f i l t r at i o n i nt o t h e s a n i tar y s e w e r s y s t e m i n c lud ing p ubl i c and p r iva t e p ro p e r t y s o u r c e s R e d u c e i n f l o w a n d i n f i l t r a t i o n Mitigate consequences of extreme weather, emergency events and safety risk to the community E n s u r e a l l R i s k As s e ss m e n t s w it h i n t h e C or p or a ti on a r e u pdat e d t o i n c l ude c l im a t e c h a n g e c ons id er a t io n s C l i m a t e R i s k A s s e s s m e n t s C o n ti nue to pr o v i d e a n d p ro m o t e e a s y a c c es s to he at i n g a n d c o o l in g ce nt re s t o a l l r e si d e n t s H e a t i n g a n d C o o l i n g C e n t r e s C o n ti nue to pr o m o te e m e r g e n c y p r e p a r e d n e s s w e ek and 72 h o u r e mer g e n c y k i t s . E m e r g e n c y P r e p a r e d n e s s C L I M A T E A D A P T A T I O N P L A N | 1 9 CLIMATE ADAPATION PLAN ACTIONS Page 31 of 33 Page 428 of 817 The City Of Niagara Falls Climate Adaptation Plan is a living document, and requires annual review and update. This ensures goals and actions are appropriate and representative of present day climatic challenges. The annual update also will provide insight into successes that have taken place over the previous year. This is also an opportunity to provide an update identifying challenges including budgetary constraints, upper tier governmental concerns and new climatic concerns that may arise. MONITORING & CONTINUOUS IMPROVEMENT C L I M A T E A D A P T A T I O N P L A N | 2 0 Page 32 of 33 Page 429 of 817 [i] IPCC Special Report Global Warming of 1.5 °C, 2020 https://www.ipcc.ch/sr15/chapter/glossary/ [ii ] Environment and Climate Change Canada, Canada’s Changing Climate Report, 2019 https://www.nrcan.gc.ca/sites/www.nrcan.gc.ca/files/energy/Climate- change/pdf/CCCR_FULLREPORT-EN-FINAL.pdf [iii] Ibid [iv] Adapting to Climate Change: An Introduction for Canadian Municipalities, 2010 https://www.nrcan.gc.ca/changements-climatiques/impacts- adaptation/chapter-1-introduction-climate-change-adaptation/10081 [v] District of Squamish https://squamish.ca/climateaction/climate-adaptation/ [vi] IPCC Climate Change 2001: Impacts, Adaptation, and Vulnerability https://www.ipcc.ch/site/assets/uploads/2018/03/WGII_TAR_full_report-2.pdf REFERENCES C L I M A T E A D A P T A T I O N P L A N | 2 1 Page 33 of 33 Page 430 of 817 MW-2022-37 Report Report to: Mayor and Council Date: June 21, 2022 Title: School Crossing Guards - Level of Service Review Recommendation(s) That Council approve the Staff recommendation to discontinue midday (lunch-time) school crossing guard services for all locations, effective June 30, 2022. Executive Summary The Municipal Works – Transportation Services division manages the City’s School Crossing Guard Program; which provides services at approximately forty-four (44) locations throughout the City of Niagara Falls. Service is provided during the morning, midday, and afternoon periods to assist and promote school aged pedestrians travellin g to- and- from school. It is prudent for Staff to review the services provided to ensure they are meeting the needs of the community, while being fiscally responsible to the tax payers in the City of Niagara Falls. Based on the information obtained from area schools and Boards, practices of other municipalities, are Staff service, midday/lunchtime low of utilization and existing recommending that this service be discontinued, effective June 30, 2022. Following Councils direction, Staff will be informing the School Board(s) and School Principal(s) of this change in service. Staff will also be recommending to the Principals that when parental consent is requested/obtained for a student to leave in the 2022/2023 school year that the parents be provided with the information that no school crossing guard services will be available – allowing the parents/guardians to make an informed decision on whether or not to allow their children to leave midday at lunchtime. Background The Municipal Works – Transportation Services division manages the City’s School Crossing Guard Program; which provides services at approximately forty-four (44) locations throughout the City of Niagara Falls. Service is provided during the morning, midday, and afternoon periods to assist and promote school aged pedestrians travelling to- and- from school. During the years leading up to, and during COVID, the number of students utilizing the services during the midday (lunch) period has decreased to the point where staff are reviewing if providing this level of service is still required. For the 2021/2022 school year, Page 1 of 3 Page 431 of 817 midday lunch service was provided at approximately thirteen (13) locations by seventeen (17) School Crossing Guards. Analysis It is prudent for Staff to review the services provided to ensure they are meeting the needs of the community, while being fiscally responsible to the tax payers in the City of Niagara Falls. Existing school crossing locations and requests for additional location are reviewed regularly to determine if the crossing guards are still warranted. The needs of the community change over time and locations that have historically experienced a larger number of students crossing may have decreased. Similarly, changes in traffic volumes and of addition the with City the new changing been have patterns travel in neighbourhoods being developed. Likewise, as changes to the schools timetables are conducted regularly, the change from a single lunch period to two separate nu trition breaks has resulted in less time for students to leave the schools property at lunch time. Following discussions with the School Board, Staff were informed that the decision for a student to leave the school property (midday) is made at the discretion of the Schools Principal, based on a number of factors, including but not limited to: written consent provided by the students parents/guardians, age/grade of the student, proximity to adjacent commercial businesses, road characteristics, presence of pedestrian facilities, etc. A scan of local municipalities was conducted in order to determine how and to what extent this service was provide by others in Niagara Region and Hamilton. The responses are summarized below: • St. Catharines and Fort Erie only provides service during the morning and afternoon periods. • Welland, Port Colborne, Lincoln, Niagara-on-the-Lake - all still have some lunch shifts. • City of Hamilton provides lunch crossings for 16 of their approximate 230+ locations. The Niagara Catholic District School Board provided staff with the results of a survey they conduction for all eleven (11) elementary school in Niagara Falls. The results noted that only three (3) schools had students that leave midday, with five (5) students in total. To further understand the demands for service during the midday, Staff conducted observations at five (5) locations on two (2) separate occasions. The results noted low school aged pedestrian activity. The highest activity was at the intersection of Dorchester Road at McLeod Road where approximately nine students left and returned to school. Based on the information obtained from area schools and Boards, practices of other municipalities, and low utilization of existing midday/lunchtime service, Staff are recommending that this service be discontinued, effective June 30, 2022. Following, Page 2 of 3 Page 432 of 817 Council direction, Staff will be informing the Boards and School Principals of this change in service. Staff will also be recommending to the Principals t hat when parental consent is requested/obtained for a student to leave in the 2022/2023 school year that the parents be provided with the information that no school crossing guard services will be available – allowing the parents/guardians to make an informed decision on whether or not to allow their children to leave midday at lunchtime. Financial Implications/Budget Impact The annual operating budget for the provision of School Crossing Guard Services will be updated to reflect the direction of Council in the 2022 Operating Budget. Staff will also be exploring options to repurpose some of these funds to further enhance pedestrian safety treatments at intersections and promotion of active travel to school. Strategic/Departmental Alignment Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. Written by: Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 14 Jun 2022 Jason Burgess, CAO Approved - 15 Jun 2022 Page 3 of 3 Page 433 of 817 R&C-2022-10 Report Report to: Mayor and Council Date: June 21, 2022 Title: Awarding of Public Art at the Exchange Recommendation(s) That City Council receive R&C-2022-10, Awarding of Public Art at the Niagara Falls Exchange report. Executive Summary The City is excited to announce that the new Niagara Falls Exchange will be home to an original piece of Canadian public art. Five artists or creative artist teams were “short-listed” to participate in a Request for Proposal (RFP 23-2021) as part of this new project in the city. Public art is an important aspect of placemaking in a community. As the city has very few pieces of public art, staff ensured that there was opportunity for public comment on the submissions. The adjudication panel was in place to review the submissions, ensure that the right piece was chosen out of these submissions. The committee was comprised of members of the Public Art Advisory Task Force and City staff. After careful review that included criteria such as creativity, engagement, how it works in the location, maintenance as well as many other criteria, the panel is happy to have awarded Nicholas Crombach the commission for his submission "Flock". Background In May of 2021, the Procurement Department issued an RFPQ for Canadian Artists to apply to be shortlisted for a $90,000 commission to be placed in the Main Street Courtyard of the Niagara Falls Exchange. 16 artists were qualified to supply the Adjudication Panel with applications. Of those 16, five were shortlisted to submit to the Panel a final concept through the RFP process. These talented artists provided us their vision for the space provided and to add to the Exchange. The five artists (or artist groups) were: Kyle Thornley, Germaine Koh, Nicholas Crombach, Slipper Liu and Lilly Otasevic. Page 1 of 7 Page 434 of 817 Their submissions were reviewed by the Adjudication Panel, as well, the community was shown these submissions and allowed to provide input to the panel. After several meetings, interviews and examination of the submissions, the panel agreed that the City should award Nicholas Crombach for his work "Flock". The work will be installed at the Exchange after completion of the construction on the property. Currently, the Exchange is on target for completion in November of 2022. In the late fall, early winter, City staff will start moving into the space and animating it. There is potential at this point to have the Farmers' Market move in, in November to ensure that there is a winter season of the Market and allow for our vendors to animate the space and start inviting people into this new facility. Along with the Market, the Staff are developing many signa ture events for the community. The Exchange will also house a woodworking studio, artist studios and a cafe. With programming planned for the Market Hall, woodworking studio and at the Niagara Falls History Museum to serve the communities cultural needs. Analysis When the Adjudication Panel reviewed the submissions. They were required to review the projects in the following categories: • RFP Deliverables Comprehension & Completion • Project Proposal • Maquette and Renderings • Budget • Timeline • Interview/Presentation When assessing "Flock" they stated that: • Impressive scale that works well for the site • The maquette showcased the talent and skill of the artist and it would be an ideal work within the location • The use of three different indigenous birds provide some insight into the natural world but also the use of the space where people 'flock' to the ma rket and all other things that will happen in this new complex • Very pleasant and endearing • Elegant The community comments from our Let's Talk page include the following: • I find this piece to be imaginative and engaging. This boldly sculpted trio of birds in varying poses has a wonderful fluidity and great movement. It engages the Page 2 of 7 Page 435 of 817 viewer from every angle. I love the concept of the migratory birds to the area reflecting the the countless human visitors to the area. • Absolutely beautiful. I love the elegance and flow and the link to nature. Depicting migratory birds of the Niagara region in a public installation is not only original but also provides a teaching opportunity and helps to promote an appreciation of the Niagara region's international recognition as a "Globally Significant Important Bird Area". • These are not just “cute” birds. They are muscular and strong. The eye takes you all around it. It is not gimmicky. It is a great sculpture. • The gracefulness of all the curves offsets the angles surrounding it and reminds us that nature and green space are important. • It is “dynamic”. It has “movement”. The lines are gentle on the eyes. The negative and positive shapes are of interest to the eye. • Beautiful, I love the idea of a piece such as this in our new space, this design is engaging I feel one will feel compelled to take it in its entirety. I love the movement this piece depicts. Operational Implications and Risk Analysis All public art is added to the public art inventory of the City and is monitored by City staff to ensure that it well maintained based on guidance from the artist. Financial Implications/Budget Impact Council approved the capital costs of this portion of the project in 2020, along with the redevelopment of the Arts & Culture Wall of Fame. The shortlisted applicants all received $2,000 for their work and the final commission award is $90,000. Strategic/Departmental Alignment This work ensures that we meet the priority to create vibrant and authentic places and spaces, and evolve the City's Role in Arts, Culture and Heritage to build a strong, vital and connected sector. Contributor(s) Dave Butyniec Jess Curno Kim Van Stygeren List of Attachments Nicholas Crombach-RFP23-2021-02 Nicholas Crombach-RFP23-2021-07 Nicholas Crombach-RFP23-2021-03 Written by: Clark Bernat, Culture & Museums Manager Submitted by: Status: Page 3 of 7 Page 436 of 817 Kathy Moldenhauer, Director of Recreation & Culture Approved - 10 Jun 2022 Jason Burgess, CAO Approved - 15 Jun 2022 Page 4 of 7 Page 437 of 817 Page 5 of 7 Page 438 of 817 Page 6 of 7 Page 439 of 817 Page 7 of 7 Page 440 of 817 PBD-2022-45 Report Report to: Mayor and Council Date: June 21, 2022 Title: Honourary Street Naming Recommendation(s) That Council direct staff to prepare an Honourary Street Naming policy for Council’s review and consideration. Executive Summary Staff and Council consistently receive requests to rename streets after prominent people in the community. Street names are an important part of the community fabric, as names contribute to creating a sense of place, community, and identity. Potential street name changes also raise concerns, such as cost and inconvenience, for those area residents and businesses' impacted. In addition, street name changes can cause a fire safety and 911 responder complications if they are not thoroughly vetted. Due to the multitude of issues related to renaming streets, but understanding the requests for prominent people in the community to be honoured, staff recommend that the City establish an Honourary Street Naming policy where an individual, group or organization in the community who has had a positive impact on the City would be recognized for their accomplishments without causing disruption or inconvenience to the residents or businesses on a street. The Honourary Street Name policy and details of the administration of the program will be outlined in a future report to Council. Background Street names are an important part of the community fabric, as names contribute to creating a sense of place, community and identity. Potential street name changes raise concerns, such as cost and inconvenience, for those area residents and businesses' impacted. However, these honourary requests also tell a story in the community such as the request for Jake Hiebert who owned an operated "Jake's Chip Wagon". These requests are to recognize prominent people but more often then not, they are specifically linked to a specific location or place where the streets are already named. Hence, the necessity for establishing an Honourary Street Naming policy. Council has in the past and are currently receiving requests of this nature and staff are recommending that the processing of any requests be held in abeyance until a Page 1 of 30 Page 441 of 817 Honourary Street Naming policy is established. Upon approval of a Honourary Street Naming policy, all pending street renaming requests such as the request to honour Jake Heibert will be assessed and presented to Council in a separate report. Analysis The Honourary street name is symbolic to honor an individual, event, area or organization. The Honourary street name can be added as a topper sign to the existing street name sign and can be permanent or can have a set term of presence on the sign, after which the Honourary street name is removed. The Honourary street name does not require any change in the legal street name, therefore, no address changes or disruption to existing residents or businesses located on the street. This is a positive solution to both honor local citizens and avoid disruption to the residents or businesses on a street. To develop the proposed Honourary Street Naming policy, a best practice review of the honourary street naming policies of other municipalities was conducted. Municipalities assessed in this review included Barrie, Brampton, London, Winnipeg and Chicago. CITY BYLAW OR POLICY NAME TERM COMMITTEE COST SIGN TYPE Barrie Municipal Naming Policy No Yes - Municipal Naming Working Group City Initiated - City OR Community or Corporate Initiated - Community or Corporation Not noted Brampton Commemorative Naming Process Ceremonial Naming No Reference Committee for each Ward City Not noted London Commemorative Street Name No Reviewed by Municipal Addressing Advisory Group Applicant or nominator - fee $250 + cost of signs Topper Winnipeg Street Names By-law - Part 3 Honourary Names Yes - 5yrs Yes Applicant or nominator + cost of sign toppers Topper Chicago Honourary Street Yes - 5yrs + an additional 5yrs after which it is removed Yes Ward pays cost Full sign but different from regular street signs The City of Barrie includes Commemorative Naming in their Municipal Naming Policy and sets out criteria much the same as a street naming policy. Interestingly, they do Page 2 of 30 Page 442 of 817 include a provision that states a commemoratively named asset shall not be re-named, unless it is found that the individual’s personal character is or was such that the continued use of their name for a park or facility would not be in the best interest of the community. The City of Brampton has a section of the Asset Naming Policy that speaks to Ceremonial Naming, which is a secondary asset (primarily a street) that already has a legal administrative or commemorative name. These Ceremonial names would be symbolic and used to honour an individual, event, area or organization, but would not replace the legal name of a street. They have a 30 day public consultation period for Ceremonial name applications. The City of London has a specific Commemorative Street Naming Policy which was developed in addition to the formal street name change policy. The Commemorative Street Naming policy came about when the London Knights won the Ontario Hockey League Championship in 2012 and the City sought a way to honour the team. It was felt that formally re-naming a street would take too long, involve costs and result in conflicts, so an alternative was the Commemorative Street naming which they stated have no legal status, and do not require a by-law. The City also has a “Streets of Honour” policy and guidelines that honours War Veterans and Emergency Services personnel who have died while in service. These street signs are noted by the poppy or City of London Tree logo. The City of Winnipeg also has an Honourary Street Naming section in their Street Names By-law. Unlike the other Canadian cities polled for this report, Winnipeg has a Page 3 of 30 Page 443 of 817 term of 5 years for a street to be given an honourary name. Once the term is up, the sign topper is removed and given to those who made the nomination. The City of Chicago has had an Honourary Street naming program since 1984 and they have over 2000 honorary streets named. In 2017, there were changes made to the number of streets that can be given Honourary street names in any one year as well as the institution of a 5 year term which can be extended by one additional 5 year term. The nomination is made to a Ward office and the Councillor for that Ward then submits the request to City Council who forward it to a committee. Once approved, the sign is installed. Comments Fire Services and GIS staff have commented that they would like to ensure that the signs clearly note that the name is ‘In Honour of” or “In Memory of” so that no confusion Page 4 of 30 Page 444 of 817 in street names would occur. GIS would also like to be part of all communications about these honourary street names to ensure there is no conflict with existing street names. Conclusion The Honourary Street Naming policy would recognize those individuals that have had a positive impact on the City. This program would allow these individuals to be recognized for their accomplishments without causing disruption or inconvenience to the residents or businesses. Staff recommend that the Council direct staff to prepare an Honourary Street Name policy and that the details of the administration of the program be outlined in a future report to Council. List of Attachments 2019CivicAddressing_Policy Written by: Kira Dolch, Director of Planning, Building & Devlopment Submitted by: Status: Kira Dolch, Director of Planning, Building & Devlopment Approved - 16 Jun 2022 Jason Burgess, CAO Approved - 17 Jun 2022 Page 5 of 30 Page 445 of 817 Page 1 of 25 SUBJECT Civic Addressing CORPORATE POLICY & APPENDIX ISSUE DATE May 11, 2011 Last Revision Date: Mar 14, 2019 Niagara Falls Civic Addressing Overview: This document intends to outline and clarify issues around municipal addressing in the City of Niagara Falls, Ontario, Canada. It documents street naming and civic numbering conventions and any modification and notification processes involved. This policy is to be used in conjunction with the current Civic Addressing By-Law(s) Purpose and Scope: Addressing is a comprehensive system that assists the community in locating a property, a person or a structure. It is used by municipalities, emergency services, utilities, educational institutions, service providers and more. Addressing is also a way to link property-related files together. The primary mandate of municipal addressing for Niagara Falls is to support emergency response services and provide a means to link files for record keeping purposes. To fulfill this mandate, data must be complete, standardized, accurate and up-to-date. The data must also be available and usable by others. The municipal addressing system in Niagara Falls is continually being maintained in order to provide the most current and complete information, while attempting to conform to provincial and regional input standards. The City has centralized its addressing information into a geographic database in order to standardize the format and availability of its data. It supports both point and range based addressing and includes precise mapping capabilities and application integration. The initial steps required to build the system have involved design, policy, civic numbering, street naming, data collection and computerization, signage, notification, enforcement, integration and documentation. The City feels that significant accomplishments have been made to date, but these initiatives will be ongoing. Page 6 of 30 Page 446 of 817 Page 2 of 25 Responsibilities: Municipality – The municipality is the authority and first point of contact for all municipal addressing and its enforcement. It administers the assignment of civic numbers and approves local street names. The municipality also provides notification of address assignments and any changes as a result of renaming or renumbering. Street sign posting is also the responsibility of the municipality for all those streets under its jurisdiction. In Niagara Falls, updates to Fire Services and their corresponding dispatch team is integrated between internal systems and procedures for emergency response. Upper Tier Agencies – In consultation with the City, the Niagara Region, Niagara Parks Commission and Ministry of Transportation are responsible for the naming and posting of street names under their jurisdiction. They are responsible for keeping their records synchronized with the municipality. The Niagara Region also has the responsibility of coordinating addressing with the 9-1-1 Emergency Response System. Emergency Responders – Police, Fire and Medical responders use the municipal address data and the posted road signs to respond effectively to calls for emergency services. Information updates are made through deliveries from the municipality to the Niagara Region but can also be processed by direct data exchange with the municipality. It is their responsibility to assist with verification of civic addressing information and to provide feedback on how the system and procedures are working. Property Owners – Property owners utilize the municipal addressing process either directly or through a developer. This generally occurs through a building permit or development application when it is submitted to the municipality for approval. Individual property owners are responsible for adhering to the addressing by-law and for posting and maintaining their assigned civic number in accordance with municipal standards once it is provided by the municipality. The owner is also responsible for reporting changes in addressing to their residents/occupants/tenants. In addition the property owner should be providing up-to-date unit number information to the municipality. Page 7 of 30 Page 447 of 817 Page 3 of 25 Address Administration: Addressing is an integral part of the GIS and the associated Fire Dispatch system and all corporate file based software applications. It generally consists of a number and a street name and is used to uniquely identify and locate properties within the municipality The Municipal Act (2001) gives municipalities the authority to pass by-laws requiring the numbering of buildings and lots for record keeping purposes. The allocation of civic addressing was the responsibility of the Municipal Works department until late 2005 when a corporate restructuring transferred this duty to the Geographical Information Systems (GIS) section of the Information Systems department The GIS section is currently responsible for: - Confirmation of civic addressing - Assignment of new addresses - Modification of existing addresses - Comments on development applications (addressing and street names) - Notification of new or modified addresses to standard agencies - Maintenance of the Street Name Index and Master Addressing Guide - Distribution of addressing information (data exchanges and Open Data) - Maintenance of addressing information used in integrated municipal systems - Policy maintenance and 911 Process Improvement Working Group representation Street Naming is processed through development applications or council request and approval is given through the Planning and Development process to Council. Signage for municipal streets is the responsibility of Transportation Services Enforcement is through the municipal By-law Enforcement officers Policy modifications are made through the municipal Addressing Review Committee The municipality will provide public access to a valid street name index which depicts all the street names currently found within the municipal boundary. Postal Codes are not assigned by the municipality and must be found by contacting Canada Post. Legal descriptions can be confirmed at the local Land Registry Office. Since addressing information is maintained internally it can be made available to the public and can be found directly on the City’s Interactive Mapping Site www.fallsviewer.ca or by linking to the “About Niagara Falls” or “Open Data” sections on the City’s website located at www.niagarafalls.ca Page 8 of 30 Page 448 of 817 Page 4 of 25 Address Definitions: “911” – a three digit telephone number to facilitate the reporting of an emergency requiring response by a public safety agency “Address Grid” – a numbering system based on equally divided squares on a map where one side of the road is based on even numbers while the other side is based on odd numbers. These numbers run from East (low) to West (high) and from North (low) to South (high). The address grid forms the schedule A to the addressing by-law for the numbering of buildings. “City” – the area incorporated and known as the Corporation of the City of Niagara Falls, Ontario Canada “Civic Address” – the official number and street name that is assigned by the municipality to a property, building or structure for location and filing purposes. It consists of the combination of the Civic Street Number + Street Prefix + Street Name + Street Type + Street Suffix “Civic Address Range” – a range address is found where more than one number has been assigned to one property location. It is depicted by a number then a dash then a second number plus the street name information. The first number in the range is the (lower) lowest civic number found on the property while the second number in the range is the upper (highest) civic number found on the same property. Any additional numbers within the range are not depicted but may exist as acceptable mid-range addresses. “Civic Street Number” – the official number, from the street grid, that is assigned by the City to a property, building or structure for location and filing purposes. “Council” – the local elected government or legislative body for the City of Niagara Falls “Cul-de-Sac” – is a dead end street with the end enlarged into a circle to allow for traffic to turn. “Discontinuous Streets” – are streets that exist as separate physical sections. Each section is actually a separate street and should ideally have different names. However the situation may arise as a result of a re-alignment at an intersection, an addition of a road over another section of existing road or a physical separation between sections of road. “GIS” – a geographical information system for capturing, storing, displaying, analyzing and managing data and associated attributes which are spatially referenced. “Lower” – the first number in a range address. It is the lowest civic number found on that property. “Main Access” – the most visually prominent and naturally assumed entrance to a property or structure. Page 9 of 30 Page 449 of 817 Page 5 of 25 “Mid” - the mid range civic numbers in a range address. They are not listed in the range address but are found in a secondary location that depicts all acceptable numbers assigned to a particular property “Multiples” – a classification where multiple separate units are contained within one building or several buildings are contained within one complex. . “NENA” – National Emergency Number Association – a professional association comprised of emergency and telephone personnel responsible for the implementation and management of the national emergency numbering systems standard “Owner” – the registered owner of land under the most current provisions of the Registry Act and the Land Titles Act. This could be an individual, a developer or a builder depending on when the address assignment was requested. The Municipal Property Assessment Corporation (MPAC) “Owner1” will be the default when owner information is not properly supplied. “Primary Address” – when multiple addresses have been assigned to the property the primary address will be associated to the structure containing the larger number of people or uses to ensure the greater public safety “Private Street” – is defined as a street having the following criteria: ownership is private, a street name has been assigned in accordance with these guidelines, the segment is passable and it has a defined area that can be driven on. “Property” – an ownership parcel of land as defined, registered and approved by the municipality and local Land Registry Office. “Street” – a defined area not under private ownership that facilitates transportation, is accessible by vehicle, can be driven on and is considered passable sometime during the year. “Street Name” – the official registered name of the street, excluding the street type, directional and modifiers, that is assigned and recognized by the authority in that jurisdiction. “Street Prefix” – an official linguistic element that is attached to the Beginning of a street name to modify or clarify its meaning. A common example being a direction. “Street Suffix” - an official linguistic element that is attached to the End of a street name to modify or clarify its meaning. A common example being a direction or location eg Main St Chippawa “Street Type” – a classification of street based generally on its configuration eg Boulevard “Upper” – the second number in a range address. It is the highest civic number found on that property. “Vacant” – land is un-serviced and has no structure Page 10 of 30 Page 450 of 817 Page 6 of 25 New Address: New addresses are comprised of a civic number and street name and are assigned using specific guidelines depicted in municipal policy and following standards set by the 911 Advisory Committee and National Emergency Numbering Association (NENA). Every effort will be made to follow the Bell 911 Public Emergency Reporting Service (PERS) standard New street names are assigned through the development application process, with regard to these guidelines, and must be reviewed by the GIS section of Information Systems and approved through the Planning Building and Development department to Council New civic numbers are assigned through the development application process, with regard to these guidelines, and must be reviewed and approved by the GIS section of Information Systems. In order to process a New Address request, a municipal staff member must complete and forward an Address Request Form https://s.niagarafalls.ca/s/addressrequestform for processing by the GIS section Prior to occupancy the owner is required to install an applicable civic number sign in accordance with the specifications outlined in this policy and according to the minimum standards set. Page 11 of 30 Page 451 of 817 Page 7 of 25 Addressing Modifications: It is the City’s policy to allow modifications to the municipal addressing when: 1- An addressing error or non-conformity is reported and confirmed by staff 2- A reasonable request (as determined by City staff) is made by the property Owner of record. When an address is confirmed as non-conforming with these rules and guidelines, the City may change the municipal address without providing compensation to the owner or occupant. An address modification notice must be sent to the owner outlining the change. When an addressing error is reported to, or noticed by, a City staff member they should fill out an Address Request form, indicating the error, and forward the request to the GIS section. The GIS section will then investigate the error and determine what kind of impact the change would have on the owner and surrounding residents. Once a change request has been confirmed, the GIS section will make contact with the owner and modify the corporate address database and subsequent systems and reports, and then issue an address modification notification as per the normal addressing process. Any discrepancies between the City’s addressing and the Bell 911 PERS system should be immediately reported to the GIS section for processing. These edits will be given high priority as public safety may be an issue. In order to process an Owner Initiated address modification, GIS staff must receive a completed address request form and the standard processing fee. (This fee is used to offset the cost of re-linking municipal files to the new address and to re-notify the agencies listed in the standard notification process.) This fee is reflected in the municipal Fee By-Law An owner initiated address modification will only be considered when the requested address meets the general rules of addressing as outlined in this document. Circumvention of the addressing rules will not be considered simply for promotional reasons, personal benefit or beliefs. An Owner may request an address modification by having a GIS staff member fill out an Address Request form located at https://s.niagarafalls.ca/s/addressrequestform. At the time of this request the owner will be asked to supply ownership information in order to confirm that he/she is initiating a valid request. When the owner information does not match what is on record, it is the owners’ obligation to supply the City with valid written documentation of current ownership. Page 12 of 30 Page 452 of 817 Page 8 of 25 Address Rules and Assumptions: I. Addresses are assigned by municipal staff using a council approved grid system and street naming convention. II. Addresses are assigned by ownership; one address per parcel wherever possible. III. Property Addresses within a municipality should not be duplicated. IV. Addresses are assigned based on the location of the “main access” to the property, to ensure the quickest emergency response. V. Addresses are not assigned to driveways or unofficial roadways. VI. Addresses for new developments are only assigned once the appropriate plan is registered and the lots are considered legal. VII. Addresses are assigned to newly created lots through severance once they are registered and in the building permit process and a proper plan showing the building orientation and “main access” has been submitted. VIII. Properties within the municipal boundary, with a Niagara Falls roll number having road access outside the municipality will be addressed by Niagara Falls. IX. Addresses can sometimes be assigned to a parcel when there is a structure in need of a utility (i.e., weather vanes, man holes, parking lots, pumping stations, etc.). X. Addresses are not normally assigned to existing lots such as hydro corridors, railway allowances, and existing vacant lots. XI. Addresses will be assigned to public access properties such as municipal parks and cemeteries even if no structures are found. These properties have potential as gathering spots and have a higher requirement for emergency access. Addressing will be assigned based on the main access entry point and address signage should be displayed there. XII. Multiple structures on one property with a common access are given one address number for the property. Further description will be by building and/or unit numbers that do not conflict with the address. These secondary numbers must be assigned in a logical order and be unique within each building. XIII. For new development, the “most likely” address will be assigned, as determined at the time of building permit application or site plan sign off, when the building orientation and access is known. If an originally assigned address is no longer valid an Address Modification will be carried out and the original address assigned will be retired and a new one implemented. XIV. When addresses are no longer valid they are retired not deleted from the system and if possible, should not be reused. XV. Signage depicting City recognized address numbers is required by by-law and is the responsibility of the property owner XVI. No person shall use or post a municipal address other than that assigned and recorded by the City. It is the responsibility of the owner to keep this address up- to-date and visible. XVII. The municipality reserves the right to modify an existing address without compensation when errors or non-conformities in the addressing process are identified or personal safety is at risk. XVIII. Where an address change is requested for personal reasons, the party making the request shall pay a standard processing fee for the cost of re-assigning the address, notifying agencies and linking municipal files. This modification must still conform to standard addressing rules and must not put the address grid out of sync or adversely affect abutting property owners. Modifications to street numbering signs will remain the responsibility of the property owner. Page 13 of 30 Page 453 of 817 Page 9 of 25 Addressing Standards – Civic Numbering: I. Civic addresses are assigned based on the location of the main access to the property The main access is determined by the location of the main entrance door, driveway and walkway, that is planned at the time of registration or observed on the current build If all three elements are from the same direction on the property, then the address should be assigned to the street providing the main entrance. If this is not true; the architectural design and visibility of the main door is to be used as long as there is access to this main door from the street in the form of a walkway. If the main door does not have an access from the street then main access will be determined from an easily identifiable and accessible pathway/sidewalk or driveway from the street. When there are multiple accesses to a property, such as on corner lots the same three elements of main entrance door, driveway and walkway will be considered Page 14 of 30 Page 454 of 817 Page 10 of 25 II. New civic numbers are assigned through the development application process and must be reviewed by the municipal address assignment staff in GIS to allow for infill possibilities and to ensure 911 compatibility. III. Civic address numbers have a 4 digit minimum and 5 digit maximum following the established street grid. They should not contain alpha characters or leading zeros as that interferes with many dispatch systems IV. Civic address numbers increase consecutively from east to west (starting at 1000) and from north to south (starting at 1500) to maintain parity. V. For consistency, even numbers are assigned to the east and south side of the road while odd numbers are assigned to the west and north side. VI. The address grid is set up for an increase of one number for every five feet (1.52 meters) of frontage to allow for infill possibilities VII. Cul-de-sac numbering is treated like a straight street with the midpoint of the circle acting as the top of the street. One side remains even numbers while the other side has odd numbers. The odd and even numbers come together at the top of the cul-de-sac VIII. Looped streets which start and end on the same street are addressed by deciding if the street is designed in more of a horizontal form or a vertical one. If vertical then start numbering from the north end of the loop if the street is more horizontal start numbering from the west. Follow the standard procedures making sure that the lots increment according to frontage measurement and that the north and west side have odd numbers while the south and east side have even numbers. Continuous numbering should be used for the whole of the street. IX. For different forms of multiples, civic addresses are dependent on how the ownership is assigned. When there is a parcel where the primary owner retains the ownership of the property and the additional owners or residents only own part of the structure(s) then only one address is assigned to the parcel and unit numbers are assigned to the ownership rolls of the structure. The municipality will not formally recognize unit numbers if this information is not provided in writing by the developer/owner. Page 15 of 30 Page 455 of 817 Page 11 of 25 When ownership is attached to part of the land and the structure combined, it acts as a formal separation and an address is assigned to each owner. When there is direct access to the main access street for each unit, the parcel is given a range address to reflect all addresses on site. X. Properties marked as “blocks” in subdivision plans will be assigned range addresses based on written/map submissions by the owner which clearly confirm the building orientation, main access and number of lots intended. Once the lots are individually registered the addresses will be modified to reflect individual numbers within the range address and the range address will be retired XI. Properties that merge on title but have multiple habitable structures with the main access facing the same street will be given a range addresses. If the structures do not share the same main access street two addresses will be assigned but only one can be deemed primary. The primary address will be given to the structure containing the larger number of people or uses to ensure public safety. Example: A parcel has both a commercial and a residential use with different main access streets; the primary address will be given to the commercial use. XII. Existing range addresses will be recognized only until such time that a development process initiates a change to the property. At that time every effort will be made to eliminate the range address. XIII. When a property becomes vacant through demolition, the civic address number will be suspended or retired as the individual situation dictates. XIV. New development on corner lots will not receive civic numbering until receipt of written confirmation or plan depicting the final road access, building orientation and “main access” as defined in this policy. Page 16 of 30 Page 456 of 817 Page 12 of 25 Street Name Modifications: The general policy is that names of streets should not be changed. The City initiated renaming of streets should only be considered when the renaming would generally improve the City’s administration and would be in the public’s best interest. An Owner initiated street name change may be considered on an individual basis but the new name must proceed through an approval process and meet the guidelines for acceptable street names. The number of properties affected by the change will be an important factor in the consideration of a street name change request. Applicants are required to provide to the City a detailed request setting out the reasons for a street name change. There are no costs to the requester at this stage of the process. The request then goes through the Clerk’s office to Council, who would request that staff begin the process of a street name change. Consideration for the change begins with consultation with stakeholders. The Planning, Building and Development department would then circulate various external agencies (NPC, EMS, Canada Post, NRPS, Regional Transportation) as well as City departments (Fire, Business Development, Municipal Works, Legal, Clerks, Transportation Services) for comments from a technical, operational, historical and emergency response perspective. The Planning, Building and Development department would also ensure a resident notification/survey is sent to all property owners fronting the street. Depending on the scope of the impacted area, the Planning, Building and Development director may hold a public meeting to receive resident comments. Although 100% approval from affected residents at a public meeting is desirable, it will be Council who determines the final decision based on all comments received. When Council issues final approval, Legal prepares a public notice and the By-Law. Once the By-Law is signed and registered, it is forwarded to Planning. Planning will notify internal staff including GIS staff. GIS staff will then make applicable changes to the corporate mapping, databases and reports and addressing modifications can be processed. Applicants and subsequent residents are responsible for all the various costs incurred as a result of the street name change (their signage, postal ID change, and address change, business cards etc.). The City is not obligated to provide compensation. Page 17 of 30 Page 457 of 817 Page 13 of 25 Addressing Standards – Street Names: I. Street names must be officially recognized by staff within jurisdictional authority II. Street names shall be unique (not duplicated) and appropriate for the length of the street segment and corresponding signage. III. Street names should be simple, clear and easy to understand for dispatch purposes IV. Street names should change name when there is an obvious change in direction which causes a shift in the street addressing grid to be used. V. New street names should not be similar to existing street names to avoid confusion. The use of an existing street name with a different street type is not considered as effecting a distinction in the basic name VI. Street names with unconventional spellings should be avoided to facilitate easy recognition, and pronunciation. This includes names that can be spelled in a number of different ways and names having first and last name or punctuation such as dashes, apostrophes and hyphens. VII. Street names should not be similar sounding to an existing name to avoid confusion during emergency dispatch. VIII. Street names should not be discriminatory, derogatory or offensive IX. Historical names are encouraged but they should be historically correct, relevant to the area and appropriate for the size of the street. X. Streets named after businesses, industries or living individuals is considered inappropriate and is discouraged. XI. Names of existing streets shall be used on new streets which are continuations of or in alignment with existing streets until the natural flow is broken by an obvious directional change (change in street grid pattern), an intersection of another through street, or an unpassable hydro corridor, railway allowance or water feature. Discontinuous street names should be avoided when possible XII. Street names should be continuous from intersection to intersection regardless of the phasing of development. XIII. Duplication of street names close to those in a neighbouring municipality should be avoided unless it is providing continuity of a common street. When a street name does pass through jurisdictions it should retain a common name and spelling XIV. Street names in new developments should be “themed” to help build and identify communities. XV. Multiple worded street names should be avoided whenever possible so that one word is not dropped during emergency dispatch situations. XVI. For developments with multiple internal private street patterns within a complex; the streets should be given names in accordance with these guidelines. The internal private streets should be named and the civic numbers assigned accordingly. These street names will be entered into the master Street Name Index and will be depicted as private streets in both text and graphical form. XVII. Street name modifications shall be discouraged and must be in the best interest of the general public. Three main principles for street naming are “Avoid Duplication”, “Avoid Confusion” and “Establish Continuity” Page 18 of 30 Page 458 of 817 Page 14 of 25 Addressing Standards – Street Name Types: Street name types and subsequent abbreviations must be chosen from the accepted listing depicted below in order to conform to the NENA addressing standard and assist with 911 dispatch. STREET NAME TYPE: TYPE ABBREVIATION: AVENUE AV BOULEVARD BV CIRCLE CL CRESCENT CR COURT CT DRIVE DR ESTATES ET GARDENS GS GATE GT GATEWAY GY GLEN GN GROVE GV HILL HL HEIGHTS HT HIGHWAY HY LANE LN LINE LI MEWS MW PARK PK PARKWAY PY PLACE PL PLAZA PZ POINT PT RIDGE RG RUN RN ROAD RD SQUARE SQ STREET ST TERRACE TR TRAIL TL VISTA VS WAY WY Additions to this listing must be pre-approved by the GIS section as they form part of a National Addressing Standard Street Types suggest a defined street configuration and should be chosen appropriately Page 19 of 30 Page 459 of 817 Page 15 of 25 Street Name Input Standards: The following input conventions have been adopted as a region wide standard Description Street Name Street Type Full Street Name Example Highway Number HY 420 HY Numbered Road (service, concession and regional) Number Text RD 17 SERVICE RD 6 CONCESSION RD 20 REGIONAL RD Number Names Full Text AV FOURTH AV Saint Names ST Name AV ST PAUL AV The following symbols are not accepted in the street name field Sign Definition _ Underscore / Forward Slash = Equal Sign > Greater Than < Less Than * Asterisk or Star + Plus Sign ( ) Parenthesis [ ] or { } Brackets : Colon ; Semi Colon . Period , Comma & Ampersand or “And” Sign @ “At” Sign ! Exclamation Mark $ Dollar Sign % Per Cent Sign Page 20 of 30 Page 460 of 817 Page 16 of 25 Addressing Standards – Prefixes and Suffixes: The City does not currently use Street Prefixes on any of its street names but makes allowances for this data as part of the 911 standard for addressing. Street Suffixes are used infrequently to help distinguish historical names that are similar in nature. Example: Main St and Main St Chippawa. The City discourages the use of Prefixes and Suffixes and would rather use naming conventions that are not similar in nature. Addressing Standards – Ramp Names & Hwy Markers: To avoid duplication and to uniquely identify each highway ramp the general approach is to use a naming convention where the use of the ramp is listed initially (ON vs OFF ramp) followed by the connecting street names and the direction of travel for the lane. Example: OFF QEW FORT ERIE TO MOUNTAIN RD E Highway Marker numbers are posted signs being used as address like identifiers along the highways. This allows locational referencing for emergency services on sections of the highway where true civic addresses based on the grid are unassigned. This allows people to identify their location as if it were a civic address. These marker numbers are used as a secondary layer of information in the emergency dispatch system. Mile markers start at zero at the international Peace Bridge in Fort Erie and increase towards Toronto. The number on the marker corresponds to the number of kilometers away from the bridge. Addressing Standards – Street Alias Name: The Street Alias Name is used when identifying a common name associated with a public road name such as a Highway where both names are valid. For example Highway 420 is also known as Niagara Veterans Memorial Highway. The other common use of the Street Alias Name is for when a street name is commonly miss - spelled. The miss-spelled version may be placed into the alias field in order to assist with searching capabilities of associated applications. These names will not be used as valid representations of the street name. Example: Fourth Av has an alias of 4th Av and Bellevue St has an alias of Bellview St. Alias names will not be displayed in street name lists. Page 21 of 30 Page 461 of 817 Page 17 of 25 Street Name Index: In order to avoid street name duplication or confusion, the GIS section maintains an official “Street Name Index” which is separated into six categories: Existing Street Names – names that are approved, registered and in use. They have addressing or a centreline. Registered Street Names – names that are approved, and registered but the streets are not constructed. Approved Street Names – names that have been approved by Planning through a subdivision or street name process but the street has not been registered. Draft Street Names - street names that meet the City’s criteria and have been suggested but not yet processed Retired Street Names - street names that have been discontinued through a street re- naming or street closing process, and are no longer in use. To avoid confusion, a name should not be reused once retired. Denied Street Names - names that have not met the City’s criteria and are not in use. The index includes the names of public and private street name segments used for addressing purposes. It does not include private driveways, laneways or entrances. This listing highlights the ‘Street Name’, its associated ‘Street Back’ and ‘Street Ahead’ as well as its present ‘Status’ and ‘Ownership’. For staff use a “Remarks” data field is included in the index in order to help clarify the street name information. This field may list the Registered Plan for the street, a Previous Name if it has been renamed, it may list comments regarding the maintenance of the street or any other noteworthy information relating to the street that may assist staff. The “Street Name Index” is maintained on a regular basis and a public access version of existing streets is accessible by linking to the City’s website at www.niagarafalls.ca . Staff access to the full version is via the City’s internal network on the universal drive under the u:\ directory, or in Laser Fiche under the Addressing folder or it is found on the bulletin board system under employee links. Master Address Guide: A companion document called the “Master Address Guide” is also made available on an update schedule. This guide displays the From and To address and its complete Address Range for the entire length of every Existing street. This guide is also accessible by linking to the City’s website at www.niagarafalls.ca . Staff access is via the City’s internal network on the universal drive under t he u:\ directory, or in Laser Fiche under the Addressing folder or it is found on the bulletin board system under employee links. Page 22 of 30 Page 462 of 817 Page 18 of 25 Notification Process: Addressing updates occur on a regular basis as new addresses and modifications are assigned. The notification process includes regular updates of changes to Emergency Service Personnel, Regional Government and the Municipal Property Assessment Corporation. As a courtesy, the property owner of record will be notified 6 days in advance of the standard notification letter date. The official modification letter will be delivered by regular mail service to the last known mailing address on record. Notification should include: Date Legal description of the property Address assignment or modification FAQ – “Frequently Asked Questions” Document Contact person for clarification The property owner is responsible for notifying any occupants/tenants of the property of all address assignments or modifications. As part of the standard addressing process, the City circulates by e-mail all address assignments or modifications internally as applicable and as a courtesy to external agencies such as Canada Post, utilities and school boards. It is the owner’s responsibility to ensure these external agencies make the change to their records. The municipality is not responsible for the update schedule of external agencies. The address becomes effective and official either from the date stated in the notice or from the date of the notification letter, whichever is later. The City expects the owner to comply within 30 days of notice date unless a mutually agreed upon date is set and acknowledged in writing. Failure to comply within 30 days will lead to a secondary warning notice confirming the address and requirement for signage. If action is still not taken by the owner By-Law enforcement staff will be notified of the contravention. Page 23 of 30 Page 463 of 817 Page 19 of 25 Signage: Without correct signage, the civic addressing system cannot function. Street Name signs and Civic Number signs are the physical assets that allow navigation to a particular location. Street Name Signage: In new developments, the developer is responsible for the installation of all street name signs in accordance to current City Standards and following Ontario Traffic Manual best practices. Upon final assumption the signs will be maintained by the City. Street name signs on private roads will remain the responsibility of the owner When possible a statement including “formerly known as” should be included, for a minimum of one year, on signs where street name modifications have taken place. Civic Number Signage: Each owner shall be responsible for maintaining the civic number on his or her property in accordance with the requirements of City By-Laws, and at their own cost. Contravention of the addressing by-law is considered an offense. Upon conviction a fine for each offense will be enforced. An owner shall not post or permit to be posted any part of a civic address which is not assigned and recognized by the City Specifications: In the urban area of the City, the civic numbers must be visible from the street, on the defined “main access” side of the structure, no higher than the first storey. The numbers should be plain, legible and at least 2” in length Where a building is not readily visible from the street or where the building is more than twenty five (25) metres from the centreline of the street, then the number shall be displayed on a sign, in accordance to City standards, and installed approximately 4.5 metres from the left side of the main road access and not more than (25) metres from the centreline of the street or as instructed by the Niagara Falls Fire Department. Rural address signs shall be in accordance with current City standards for size, material, colour, reflectivity and installation and shall adhere to minimum standards as set by the Ministry of Transportation Ontario. The City reserves the right to modify specifications in accordance with changes in municipal standards and safety guidelines. Maintenance: The owner of a property must maintain the assigned civic number for the property in a timely fashion, and in good order. When there is a failure to do so, the expectation to comply is 30 days from notice unless a mutually agreed upon date is set and acknowledged in writing. Page 24 of 30 Page 464 of 817 Page 20 of 25 Reimbursement for Address Signs: The general rule as depicted in the addressing by-law/policy is that compensation will not be given to property owners for address signs or sign modifications. Each owner of an existing property shall be responsible for maintaining the civic number on his or her property in accordance with the requirements of City By-Laws, and at their own cost. If the property is vacant or new development, the owner must pay for the address sign. Rural sign fees will be taken as part of the building permit application and the Building Division will order it to the correct specifications and give it to the owner for installation. When an address assignment error is made by the City and necessitates a new sign, reimbursement requests are to be directed to the Building department and reviewed on a case by case basis by the Director of Planning, Building & Development. It will be the responsibility of the owner to pick up and install the sign. The cost of the mount or pole is the responsibility of the owner. When an address assignment error is made by parties outside the City (ie lawyers, developers etc) the City will not provide compensation and it is the Owners responsibility to seek compensation elsewhere. If the owner submits an owner requested address modification, the cost of the address sign is the owner’s to bear. If the sign is stolen or damaged the City does not replace the sign because, the sign is the home owner’s responsibility. Page 25 of 30 Page 465 of 817 Page 21 of 25 Niagara Falls Address Database (NFAD): NFAD is the centralized spatial geographic database for the City of Niagara Falls. It consists of an internal application for data maintenance and standardization, a SQL Server spatial database for data storage and GIS graphical and internet components for visualization and distribution. Niagara Falls Address Database Internet Mapping Service Page 26 of 30 Page 466 of 817 Page 22 of 25 Niagara Falls Computer Aided Dispatch (CAD): Symposium is the current CAD system used for Fire Services dispatch. Addressing forms a critical base layer of this system. Standard procedure in Niagara Falls is to integrate systems together by performing timely updates from the Address Database system to the CAD system so both applications are using the same information. When a change or errors are identified by/to Fire Services staff, the information is passed to GIS staff who will perform the edit in the NFAD system and then reload it to the Symposium system. Edits should not be made directly into Symposium as they will be over-written/lost each time an update is made from NFAD Computer Aided Dispatch Symposium Page 27 of 30 Page 467 of 817 Page 23 of 25 Authority: Municipal staff have the authority, through the Municipal Act, to enforce an addressing by-law and its accompanying schedules – which this policy forms a part of. The Niagara Falls “Addressing Review Committee” has the authority to change/modify this policy if quorum representation (4) is present and voting results dictate a change without major contravention to the PERS 911 standards. The ARC representation will consist of: Information Systems - Manager of GIS Services / 911 rep for City Information Systems - GIS Administrator or addressing designate Fire Services - Captain of Communications / 911 rep for City Fire Services – Chief Fire Prevention Officer or addressing designate Municipal Works - Project Manager or construction designate Planning & Development – Assistant Planner or street naming designate Building Services – Building Services Analyst or permitting designate Finance – Manager of Revenue A full review of this document will be scheduled to occur every 5 years (or on demand as required) Initial Review Committee 2011: IS - Manager of GIS Services – Janet Vittie IS - GIS Administrator – Karen Canali MW - Project Manager – Rick Volpini Fire - Captain of Communications – Dave Evans Planning – Assistant Planner – Peggy Boyle Building – Office Coordinator – Lynn Karner Secondary Review 2011: IS – Director of Information Systems – Steve Norris Planning, Building & Development – Alex Herlovitch Legal – City Solicitor – Ken Beamen Clerks – City Clerk – Dean Iorfida Finance – Todd Harrison MW – Geoff Holman Transportation – Karl Dren Fire – Lee Smith Interim Modifications: Modification – 2019 Mar – full policy review March 14, 2019 K:\Documentation\Addressing\ByLaw_Policy\CivicAddressingPolicy Page 28 of 30 Page 468 of 817 Page 24 of 25 Niagara Falls Civic Addressing – Appendix A Addressing History: The first addressing by-law (70-72) was passed by council in April of 1970 during amalgamation; to implement an addressing grid system for the whole of the enlarged area of Niagara Falls. This grid was used to eliminate confusion in the different numbering systems previously in existence and to provide continuity to all limits of the new municipal boundary. In 1974, in an effort to improve public safety, all phone companies in Ontario reserved 911 for emergency services. All emergency calls were then routed through a Public Safety Answering Point (PSAP) to emergency service dispatch operations. At this time council approved a new procedure to enhance the existing addressing by-law in an effort to support the 911 initiatives. This procedure dealt with the approval of street names, subdivision names and the naming of multi-family projects. In 1995, a 911 Advisory Committee, consisting of Bell Canada, Regional Council, Municipal Councils, Niagara Regional Fire Chiefs Association, the Ministry of Health & Long Term Care and the Niagara Regional Police Services Board was formed. It was the goal of this committee to implement a Public Emergency Reporting Service (PERS) compliant to the international PERS standard for data and mapping for roads and addressing. Legal agreements were signed and transmission lines were installed. The council for the City made a commitment to improve its addressing policy and procedures and to help develop a common standard database. In 2001, bylaw 70-72 was amended (by-law 2001-180) to add criteria for address signs and implement a fine for property owners who did not visibly post their address number or comply with all parts of the combined by-laws. The allocation of civic addressing was the responsibility of the Municipal Works department until late 2005 when a corporate restructuring transferred this duty to the Geographical Information Systems (GIS) section of the Information Systems department. The GIS section worked in cooperation with the Fire Chief to comment on draft input standards and policy changes being reviewed through the 911 Advisory Committee. GIS then began the development of a corporate address database in order to centralize, standardize, map and computerize the addressing system. GIS and Fire Services began working together to integrate the corporate addressing and dispatch systems and GIS made it priority to integrate all new computer systems with this spatial address database. In 2011, GIS initiated the creation of an updated civic addressing policy which dealt with standard rules and guidelines for civic numbering, street naming, signage and property owner notification and outlined the process involved in the maintenance, and modification of the addressing system. The policy was vetted through the Municipal Solicitor and City Clerk and an Addressing Review Committee (ARC) was formed. The policy was then sent to Senior Staff for approval and implementation. Page 29 of 30 Page 469 of 817 Page 25 of 25 In 2012, it was determined that the regional participants in Niagara, had not yet complied with the 98.2% accuracy level required between provider subscription lists and mapping requirements to be considered PERS compliant. This put any future 911 technological enhancements in jeopardy. The 911 Advisory Committee decided a Process Improvement Working Group needed to be formed with region wide representation from emergency services, addressing/street naming and GIS mapping. This group was established to discover what the obstacles were and make recommendations on how to achieve the accuracy level required. The Manager of GIS Services from Information Systems and the Captain of Communications from Fire Services were made the representatives for the City of Niagara Falls. The Region agreed to be the initial point of contact for error reporting between the municipalities and the provider and to aid in the establishment of a common addressing database standard. The City entered into a non-disclosure agreement with Bell Canada in order to receive error reports for the municipality and signed a memorandum of understanding with the Region through the chair of the 911 Advisory committee to commit staff time to improve the process and accuracy level. The GIS section started an address modification campaign in May 2012 and developed a notification process and standard “Frequently Asked Questions” document for home owners. The City had an accuracy level of 99.4% by the end of the year and became PERS compliant. The remainder of the region became PERS compliant in 2013 with expectations of moving forward into an enhanced phase 2 PERS system. This would allow call records to be appended with location and number information and support wireless and VOIP phone users. The Process Improvement Working Group continued efforts to improve addressing by drafting a region wide Municipal Addressing By-law that would include a schedule A for best practices and a schedule B for items specific to each individual municipality. Niagara Falls played a crucial role in the development of schedule A and a presentation was made by the 911 Advisory Committee to the local CAO’s for direction in 2016 Agreement and formal direction was not received and the PIWG has not moved forward with any new initiatives. City staff in Niagara Falls continue with individual efforts in developing this policy with modifications until such time that regional efforts resume or a formal Niagara Falls Addressing By-law is updated. Page 30 of 30 Page 470 of 817 F-2022-30 Report Report to: Mayor and Council Date: June 21, 2022 Title: Insurance Renewal Report Recommendation(s) THAT Council approve the 2022-2023 Comprehensive Insurance Program from Intact Public Entities Inc. Executive Summary The City requires a renewal of the municipal insurance program since the current coverage expires on June 30, 2022. Staff have reviewed the existing program for adequacy of coverages and recommends that the City renew. The insurance program will be effective July 1, 2022. The proposed annual premium of $2,779,164 is an increase of 12.7% or $313,206 from the previous year's premium of $2,46 5,958. Although, there is an increase for the 2022/2023 year as compared to the 2021/2022 year, the increase is due to the current insurance market both in Canada and worldwide. Background The City requires an insurance program to mitigate potential liabilities incurred during the performance of its many services and responsibilities. On an annual basis, staff performs a and adequacy for provided coverages the rates charged the of review and completeness. The City has performed these reviews during this process. Please note, there is a complimentary In-Camera report (Report F-2022-34) on this subject. Analysis For 2022 the insurance industry outlook remains challenging in terms of capacity and pricing with lower appetite from insurers to cover specialty risks such as municipalities, meaning we are still in the midst of a 'hard market' as opposed to a 'soft market'. A soft market typically exhibits low rates, generous terms, abundance of capital and more competition. A hard market is the opposite - higher rates, restrictive terms, reduced levels of capital and less competition. Insurance is a cyclical business. Over the past five decades, there have been four hard markets: one in the mid 70's, mid 80's, early 2000's and the one we are in right now. It's been 15 years since the last hard market. One consistent observation is that the hard market is usually short in duration - around 3 years. A soft market usually lasts much longer, the last one being 15 years. The current hard Page 1 of 2 Page 471 of 817 market has lasted 3.5 years and insurance professionals suggest the fourth quarter of 2022 will indicate the type of insurance market available for 2023. Financial Implications/Budget Impact The insurance program is reviewed and renewed annually to ensure that the coverages are sufficient and that the municipal assets are properly valued in the program. The insurance program covers a one year period from July 1, 2022 to June 30, 2023. The cost of the City's insurance program has increased from $2,465,958 (2021/2022) to $2,779,164 (2022/2023). The year-over-year increase is $313,206 or 12.7%. The primary policies affected are General Liability, Property and Auto insurance. These policies are where the majority of municipal claims occur. For 2022 the insurance industry outlook remains challenging in terms of capacity and pricing with lower appetite from insurers to cover specialty risks such as municipalities. The insurance market typically is subject to cyclical fluctuations and goes through two cycles, soft and hard markets. In a soft market, insurers have a greater capacity to take on the risks and pricing is often more favourable. We currently remain in a 'hard market' with higher rates, restrictive terms and less competition. It's difficult to predict when the current hard market will end and insurance professionals suggest the fourth quarter of 2022 will indicate what type of insurance market will be available in 2023. Double digit premium increases have been typical for Canadian municipalities in 2020, 2021 and 2022. While all municipalities are facing increases in 2022, on average Intact Public Entities is seeing premium increases between 15 -20% for most municipalities across Ontario regardless of the insurer. Given the current hard market, the City chose to negotiate renewal terms with the current provider in the interest of cost savings. As the renewal insurance policy premium is 12.7%, Staff anticipate a favourable budget variance at year end of approximately $158,000 or 5.2%. Strategic/Departmental Alignment The City's municipal insurance renewal program best aligns with the City's Strategic Priority of "Responsible and Transparent Financial Management." Written by: Janet McQuay, Risk Manager Submitted by: Status: Jon Leavens, Acting Director of Finance Approved - 17 Jun 2022 Jason Burgess, CAO Approved - 17 Jun 2022 Page 2 of 2 Page 472 of 817 MW-2022-35 Report Report to: Mayor and Council Date: June 21, 2022 Title: Cummington Square West – Accessible Parking Recommendation(s) Subject to approval by the Mayor's Accessibility Advisory Committee at their scheduled June 27, 2022 meeting, that the accessible parking space on the southwest side of Cummington Square West between a point 29 metres northwest of Main Street and a point 35 metres northwest of Main Street to be relocated to a location between a point of 59 metres northwest of Main Street and a point 65 metres northwest of Main Street. Executive Summary Relocating the existing accessible parking stall to the spot closest to the corner of Cummington Square West and Bridgewater Street would allow for unobstructed rear vehicle loading. This location would also allow disabled persons immediately access to the northwest sidewalk of Cummington Square West via the curb cut at the corner. Background A resident has requested that the city investigate the possibility of relocating the existing accessible parking stall on the southwest side of Cummington Square West between a point of 29 metres northwest Main Street and a point of 35 metres northwest of Main Street to a location on the west side of Cummington Square West near the corner of Cummington Square West and Bridgewater Street. Analysis Cummington Square West is an arterial road that extends northwest -southeast approximately Main and Road Street/Portage metres between 70 Bridgewater Street/Willoughby Drive. Cummington Square West has a pavement width of 16 metres with a concrete sidewalk on the west side of the road for pedestrian use. The roadway consists of a south-eastbound shared right turn and through lane, a south-eastbound left- turn lane, and a north-westbound through lane. On the southwest side of the road, parking is prohibited between Main Street and a point 29 metres northwest of Main Street. An accessible parking stall is provided between a point 29 metres northwest of Main Street and 35 metres northwest of Main Street. With the existing location, a rear loading wheelchair accessible vehicle cannot utilize the accessible parking spot. The parking space immediately adjacent restricts the opening of vehicle’s rear gate and unloading of a passenger. Additionally, there is no curb cut in Page 1 of 3 Page 473 of 817 the immediate area so a person using a mobility aid must travel northwest or southeast along the road to the corner at Main Street or Bridgewater Street to gain access to the sidewalk. Relocating the existing accessible parking stall to the spot closest to the corner of Cummington Square West and Bridgewater Street would allow for unobstructed rear vehicle loading. This location would also allow disabled persons immediately access to the northwest sidewalk of Cummington Square West via the curb cut at the corner. This request is on the Mayor's Accessibility Advisory Committee’s next meeting agenda scheduled for June 27, 2022. Financial Implications/Budget Impact The relocation of the signs and pavement marking modifications is to be carried out by Municipal Works - Transportation Services staff. The labor and material costs are accounted for in the approved 2022 General Purposes Budget. Strategic/Departmental Alignment Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. Contributor(s) Jason MacLean, Manager of Human Resources and Staff Liaison to Mayor's Accessibility Advisory Committee. List of Attachments MW-2022-35 - Cummington Street West - Accessible Parking Written by: Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 14 Jun 2022 Jason Burgess, CAO Approved - 15 Jun 2022 Page 2 of 3 Page 474 of 817 RB-93RB-93Pay hereFHUPCummington Square WestRoadBridgewater StreetBridgewater StreExistingCurb CutRB-93Pay hereFHUPCummington Square Weste RoadBridgewater StreetBridgewater StreeExistingCurb CutMunicipal On-Street ParkingCummington Square WestNORTHNOT TO SCALEThe City ofNiagara FallsCanadaExisting parking layoutProposed new parking layoutPage 3 of 3Page 475 of 817 MW-2022-36 Report Report to: Mayor and Council Date: June 21, 2022 Title: Main Street between Lundy’s Lane/Ferry Street & North Street - New Cycling Lanes Recommendation(s) 1. That a curb-side bicycle lane be designated for cyclist use only on the east side of Main Street between Lundy’s Lane/Ferry Street & North Street; 2. That a bicycle lane separated by on-street parking and a 1.0 metre buffer be designated for cyclist use only on the west side of Main Street between Lundy’s Lane/Ferry Street & North Street; 3. That two (2) on-street parking spaces be removed on the east side of Main Street between a point 67 metres north of Ferry Street and a point 97 metres north of Ferry Street; 4. That a No Parking restriction be established on the east side of Main Street, on the segments that are currently unrestricted, between Lundy’s Lane/Ferry Street & North Street; 5. That Council pass the amending by-law on tonight’s agenda. Executive Summary Though Municipal Works Capital Project (2022-13), Main Street between Lundy’s Lane/Ferry Street and North Street will be resurfaced. Main Street is a planned cycling route in the City’s Transportation Master Plan. The resurfacing of the roadway will provide the opportunity to integrate dedicated on-road bicycle lanes in each direction to encourage safe and active travel. Background Main Street between Lundy’s Lane/Ferry Street & North Street is a two -lane, two-way urban collector roadway. The pavement width within the study area varies between 13.0 and 13.6 metres, and includes designated on-street parking spots predominantly located on the west side of the roadway with exception to two (2) on-street parking spots located on the east side, just north of Ferry Street. A concrete sidewalk for pedestrian-use is present on both sides of the roadway. The average daily traffic utilizing this portion of Main Street is approximately 4,730 vehicles per day. The surrounding land uses are a mix of commercial and residential properties. Niagara Falls Transit has three (3) routes that travel the entire length of the study area in both directions. The legal speed limit is 50 km/h. Page 1 of 4 Page 476 of 817 Analysis Though Municipal Works Capital Project (2022-13), Main Street between Lundy’s Lane/Ferry Street and North Street will be resurfaced. This provides an opportunity to integrate dedicated on-road bicycle lanes in each direction. Main Street is a planned on - road cycling route in the City’s Sustainable Transportation Master Plan, 2011. Establishing bicycle lanes on this section of Main Street will further progress the City’s transportation network for all roadway users while encouraging safe and active travel. Existing on-street parking will be maintained along the west curb-side of the roadway and separated from the bicycle lane by a 1.0 metre buffer to avoid conflicts with travelling cyclists and opening vehicle doors. As the bicycle lane on the east side of Main Street will be adjacent to the curb, permanent parking restrictions must be established along the east side of the entire bicycle lane corridor to prevent motorists from impeding progress within the dedicated cycling facility. Currently, there are sections with existing parking, standing, and stopping restrictions on the east side of Main Street, therefore, additional parking restrictions will only be required on the sections that are currently unrestricted, as illustrated in Attachment 1. In conjunction, two (2) existing on-street parking spaces are required to be removed on the east side of Main Street between a point 67 metres north of Ferry Street and a point 97 metres north of Ferry Street. The two parking spaces are next to the entrance to Municipal Parking Lot #13, which offers free parking. These measures will keep the east curb -side bicycle lane clear of parked vehicles, preventing cyclists from encroaching onto vehicular lanes to circumnavigate an unoccupied, stationary vehicle. Financial Implications/Budget Impact The installation of all 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. Installing the signs is estimated to cost approximately $3,000. The application of pavement markings will be done by the contractor carrying out the road resurfacing. Strategic/Departmental Alignment Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. List of Attachments MW-2022-36 - Main Street - Cycling Lanes Attachment 1 Written by: Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Page 2 of 4 Page 477 of 817 Erik Nickel, Director of Municipal Works Approved - 14 Jun 2022 Jason Burgess, CAO Approved - 15 Jun 2022 Page 3 of 4 Page 478 of 817 MW-2022-36: Main Street between Lundy’s Lane/Ferry Street & North Street -New Cycling Lanes Attachment 1 –Proposed Parking Restrictions North St.Lundy’s Ln.With Existing Restrictions With Proposed Restrictions Legend -No Parking At All Times -No Standing At All Times -No Stopping At All Times -Construction LimitsFerry St.North St.Lundy’s Ln.Ferry St.Page 4 of 4Page 479 of 817 MW-2022-38 Report Report to: Mayor and Council Date: June 21, 2022 Title: School Crossing Guards Reviews Recommendation(s) 1. That Council approve School Crossing Guard services at the intersection of Beaverdams Road at Watson Street. 2. That Council approve the discontinuation of School Crossing Guard services at the following locations: a. Morrison Street at Portage Road (east intersection); and b. Lundy’s Lane at Highland Avenue. Executive Summary Technical reviews identified that school crossing guard services can be discontinued at the intersections of Morrison Street at Portage Road (east intersection), as well as Lundy’s Lane at Highland Avenue due to underutilization. The Principals at the schools affected by these changes were notified of the temporary closures of the subject locations in April 2022 following staff shortages. Since that time, no comment or concerns were received from the school administration or residents on this change in service. Staff are recommending that service is permanently discontinued at these two locations. Furthermore, as a follow-up to MW-2021-78, Municipal Works - Transportation Staff conducted additional technical assessment during Spring 2022 to collect follow -up data to determine the effectiveness of the pilot project at the intersection of Beaverdams Road at Watson Street. Through this review, Staff are recommending that crossing guard supervision is warranted and this location be made permanent. Transportation Staff will continue to monitor these locations to determine if crossing assistance is warranted in the future. Demographics, school enrolment, changes to school walking boundaries, traffic volumes and patterns continually change in the City. The needs of the community can change over time and locations that have historically experienced a larger number of students crossing can see a decrease in crossing numbers. Background The Municipal Works – Transportation Services division manages the City’s School Crossing Guard Program; which provides services at approximately forty-four (44) Page 1 of 3 Page 480 of 817 locations throughout the City of Niagara Falls. Service is provided during the morning, midday, and afternoon periods to assist and promote school aged pedestri ans travelling to- and- from school. It is prudent for Staff to review the services provided to ensure they are meeting the needs of the community. School crossing guard reviews are carried out regularly by staff based on requests from the general public, school administration, observations of low utilization, or when the location becomes available though staff retirement or relocation. Analysis The intersections of Morrison Street at Portage Road and Lundy’s Lane at Highland Street were identified for review of the school crossing guard service. Staff conducted the necessary observations and technical reviews of these locations and determined that the existing school crossing guard services are not warranted and can be discontinued. Both of these intersections are controlled by traffic signals with pedestrian signals, push buttons, and marked crosswalks, which will provide a controlled crossing location for pedestrians when the school crossing guards are removed. Furthermore, there is sufficient visibility of pedestrians at and in proximity of the crosswalks and driver behaviour was observed to be appropriate as vehicles yielded the right -of-way for pedestrians crossings. As a follow-up to MW-2021-78, Municipal Works - Transportation Staff conducted additional technical assessment during Spring 2022 to collect follow-up data to determine the effectiveness of the pilot project at the intersection of Beaverdams Road at Watson Street. Through this review, Staff are recommending that crossing guard supervision is warranted and this location be made permanent. Transportation Staff will continue to monitor these locations to determine if crossing assistance is warranted in the future. Demographics, school enrolment, changes to school walking boundaries, traffic volumes and patterns continually change in the City. The needs of the community can change over time and locations that have historically experienced a larger number of students crossing can see a decrease in crossing numbers. Financial Implications/Budget Impact The annual operating budget for the provision of School Crossing Guard Services will be updated to reflect the direction of Council in the 2022 Operating Budget. Strategic/Departmental Alignment Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. Written by: Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Page 2 of 3 Page 481 of 817 Erik Nickel, Director of Municipal Works Approved - 14 Jun 2022 Jason Burgess, CAO Approved - 15 Jun 2022 Page 3 of 3 Page 482 of 817 PBD-2022-43 Report Report to: Mayor and Council Date: June 21, 2022 Title: 26CD-11-2021-005 Record of Site Condition Update Recommendation(s) That Council accept the report for information purposes. Executive Summary Council has directed Planning Staff to provide more information regarding the Record of Site Condition (RSC) that was filed for 4263 Fourth Avenue. Staff have looked into the RSC and found that the RSC identifies contaminant levels, surveyed after remediation, has been completed. These contaminants are acceptable levels for residential use. The RSC has been filed to the satisfaction of the Ministry of Environment, Conservation and Parks (MOECP). Background On May 10th, 2022 Council passed a modification for 4263 Fourth Avenue to allow it to proceed in two phases. At the Council meeting, Council had questions regarding the Record of Site Conditions (RSC) registered for the subject lands. Council directed Staff to provide clarification regarding the document. Analysis The Record of Site Condition (RSC) was registered in the Environmental Site Registry on January 4, 2022. The RSC summarizes the environmental condition of a property, a s of a certification date, based on the completion of one or more Environmental Site Assessments conducted or supervised by a qualified professional. The purpose of an Environmental Site Assessment is to identify potential contaminants and remediate a subject property. Once remediation has been completed, the RSC is registered for the property. According to comments received from the Region, the RSC for the subject property indicates that 593.5 cubic metres of contaminated soils were removed from the property. According to the registered RSC, all level of contaminants have a maximum concentration below the applicable site condition standards. Page 1 of 2 Page 483 of 817 The RSC identified contaminant levels after remediation has been completed. These contaminants are acceptable levels for residential use. The MOECP has accepted the RSC and residential development can proceed. Written by: Alexa Cooper, Planner 2 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 10 Jun 2022 Kira Dolch, Director of Planning, Building & Devlopment Approved - 14 Jun 2022 Jason Burgess, CAO Approved - 15 Jun 2022 Page 2 of 2 Page 484 of 817 R&C-2022-11 Report Report to: Mayor and Council Date: June 21, 2022 Title: Update of Museum Policies Recommendation(s) That Council accept the updated Museum policies as presented. Executive Summary In order to qualify for the provincial Community Museum Operating Grant, museums must have several policies in place to ensure that best practices in the field are followed. Museum specific policies are required when overall City policies do not cover these practices. In 2021, a review of the Museum's six policies took place and the following four policies were identified as requiring updates: • 2000.1 Collections Management Policy • 2000.2 Community Policy • 2000.3 Exhibit Policy • 2000.4 Interpretation and Education Policy. The updates are intended to ensure that diverse and underrepresented communities are included in the Museum's collections, programming and exhibitions. All policies were presented to the Culture Committee, Anti-Racism Committee and the Diversity & Inclusion Committee for comment. All committees supported the changes as presented. Background The Province of Ontario has the following standards for museums in order to qualify for the Community Museum Operating Fund and represent the best practices for Museum operations. The standards are: • Governance standard • Finance standard Page 1 of 17 Page 485 of 817 • Collections standard • Exhibition standard • Interpretation and education standard • Research standard • Conservation standard • Physical plant standard • Community standard • Human resources standard The standards then require policy to guide staff in ensuring proper operations are adhered to. City staff participated in the Ontario Museum Association Diversity and Inclusion programme established to create best practices. It is from this programme that the updated language within the policy comes from. All committees accepted the wording and approach as presented. In additional to the changes described above, the policies now include a mechanism for active and rapid response collecting intended to improve opportunities to collect and share present day social and cultural history. Operational Implications and Risk Analysis These proposed changes will have minimal operational implications or risk. Financial Implications/Budget Impact There is no budgetary impact from these proposed changes. Strategic/Departmental Alignment This work ensures that we meet the priority to create vibrant and authentic places and spaces, and evolve the City's Role in Arts, Culture and Heritage to build a strong, vital and connected sector. Contributor(s) Suzanne Moase List of Attachments 2000.1 Collections Management Policy 2000.2 Community Policy 2000.3 Exhibit Policy 2000.4 Interpretation and Education Programs Policy Written by: Clark Bernat, Culture & Museums Manager Page 2 of 17 Page 486 of 817 Submitted by: Status: Kathy Moldenhauer, Director of Recreation & Culture Approved - 10 Jun 2022 Jason Burgess, CAO Approved - 15 Jun 2022 Page 3 of 17 Page 487 of 817 Department Recreation & Culture Division Museum Subject Collections Management Policy Policy #2000.1 Issue Date June 2013 Revision Date G Policy G Procedure Page 1 of 8 1. Purpose To develop, maintain, exhibit and preserve the Niagara Falls Museums collections while complying with the requirements of the Canadian Museums Association’s Ethics Guidelines. 2. Scope The Policy applies to all Employees who are responsible for managing and maintaining the City of Niagara Falls Museums collections. 3. Definition of Terms City of Niagara Falls Museums: The three museums constituting the City of Niagara Falls Museums are: Niagara Falls History Museum, Willoughby Historical Museum and Battle Ground Hotel Museum. Museums Manager: The person responsible for overseeing the management of the operations of the City of Niagara Falls Museums and the collections. Curator: The person responsible for the development, management and preservation of the City of Niagara Falls Museums collections. Accessioning: The administrative process of acquiring, processing, registering and adding items into the City of Niagara Falls Museums collections. De-accessioning: The administrative process to remove items permanently from the City of Niagara Falls Museums collections. Accessioning Committee: Museums Manager, Curator and Assistant Curators Submitted by Director Kathy Moldenhauer Date Recommended by CAO Date G Approved by Council Report #Bylaw #Date Page 4 of 17 Page 488 of 817 Department Recreation & Culture Division Museum Subject Collections Management Policy Policy #2000.1 Issue Date June 2013 Revision Date G Policy G Procedure Page 2 of 8 De-accessioning Committee: Museums Manager, Curator and The Niagara Falls Museums Advisory Board Conservation: The application of science to the examination, maintenance and treatment of artefacts. Its principle aim is to stabilize artefacts in their present state. It encompasses both preventive conservation and conservation treatments. Preventive Conservation: Consists of non-intrusive actions taken to slow or stop deterioration and to prevent damage. Conservation Treatments: Involve intervention causing changes in the physical properties or structure of objects. Restoration: Involves the removal or modification of existing material, or the addition of new material, in order to reinstate known aesthetic or historical values. Official Records: Records created or received by Employees that relate to the official business of the City of Niagara Falls Museums collections. Database: Electronic catalogue for capturing, managing and storing all information pertaining to the City of Niagara Falls Museums collections. Passive Collecting: The practice of acquiring objects for a collection through unsolicited donations - often received from the local community. The random nature of this type of collecting is inclined to leave gaps in the collection and to prioritize a static view of history. Active Collecting: Working with intention to gather objects to fill a specific requirement, gap, or underrepresented area within a collection – an outward-looking focus to seek new stories and information from identified sources. Contemporary Collecting: Collecting material culture of the recent past – i.e. within modern or living memory. Contemporary collecting is forward-looking and attempts to offer insight into current society. Rapid Response Collecting: The practice of collecting objects and stories that are influencing present-day social and cultural history. The immediacy of this type of collecting allows museums to gather a more inclusive detailed history. Department Recreation & Culture Division Museum Page 5 of 17 Page 489 of 817 Subject Collections Management Policy Policy #2000.1 Issue Date June 2013 Revision Date G Policy G Procedure Page 3 of 8 4. Collection Development Collecting priority will be given to material culture that assists in illustrating the focus areas listed below. The scope of the collection will be expanded to build on these existing themes. Acquisitions will aim to focus on stories that are currently being interpreted but are not yet adequately represented in the collection. Active and Contemporary Collecting methods will be routinely employed to fulfil these priorities. The Museum will prioritize opportunities to include history from diverse communities to fill identified gaps in the collection. Staff will work to include objects and stories from the underrepresented groups recognized by the Ontario Museum Association in 2017. These groups include, but are not limited to, Indigenous peoples, LGBTTIQQ2SA, Racialized persons, Refugees or new Canadians, Persons with disabilities, Francophonie, Members of the Deaf community, and Persons living below the poverty threshold (defined by the low-income cut-off). Collection Focus Areas: War of 1812 Gallery Military Women’s involvement Commemorative Niagara Community Gallery Souvenir Industry Tourism First Nations United Empire Loyalists Black History Military Sport and Leisure Bridges and Border Infrastructure Willoughby Historical Museum Village of Chippawa Township of Willoughby Niagara River/Navy Island Local Rural History Military History Department Recreation & Culture Division Museum Page 6 of 17 Page 490 of 817 Subject Collections Management Policy Policy #2000.1 Issue Date June 2013 Revision Date G Policy G Procedure Page 4 of 8 Battle Ground Hotel Museum Battlefield tourism Tavern life circa 1850 5. Acquistions & Accessioning The City of Niagara Falls Museums may acquire artefacts through donation or by purchase from funds allocated for this purpose. Artefacts must have local historical and/or cultural significance to the City of Niagara Falls and the immediate area. Artefacts must be in good condition to be accepted into the collection. Exceptions to this rule may occur in the case of a particularly rare item documenting or illustrating one aspect of the City's history. Title for all acquisitions must be obtained free and clear, and without restriction as to future use or disposition. The acquisition of duplicate items is discouraged. Where an item offered duplicates another the Curator should only accept the additional item if its condition or its provenance is superior and more suitable for display. In the case of ephemera it is recommended that, where items have already been adequately represented, further additions to the collection are limited. Large items requiring off-site storage are to be discouraged due to restricted storage space. Human remains will not be accepted. The acceptability of an artefact, however acquired, will be determined by the Curator with the concurrence of the Accessioning Committee. Acceptance of items on extended or long-term loan is to be discouraged. Temporary incoming loans of items for exhibitions can be accommodated. Department Recreation & Culture Division Museum Page 7 of 17 Page 491 of 817 Subject Collections Management Policy Policy #2000.1 Issue Date June 2013 Revision Date G Policy G Procedure Page 5 of 8 Protocol gifts presented to the Mayor, Councilors and CAO are to be reviewed by the Accessioning Committee and may be accepted into the collection based on their own individual merit and condition without necessarily meeting all acquisitioning criteria. The annual acquisition budget is to be used at the discretion of the Curator and the does not need the concurrence of the Accession Committee. 6. De-accessioning & Disposals A key function of a museum is to acquire objects and keep them for posterity. Consequently, there is a strong presumption against the de-accessioning and disposal of any items held within a collection. There are however, circumstances in which disposal(s) can strengthen the integrity of a collection and it is in these circumstances that de-accessioning and disposal should be considered. Artefacts deemed no longer relevant to the Museums' collection criteria may be de- accessioned with the approval of the Museums Manager following a full report prepared by the Curator stating reasons for removal of the item(s) that has been submitted to and approved by the De-accessioning Committee. Broadly speaking, recommendations to de- accession collection items should be based on one of the following criteria: •When there are unnecessary duplicated items. Provenance and documentation will be considered when determining duplicate status. •When an item has deteriorated to such an extent that it is beyond restoration to an acceptable standard. •When an item no longer falls within the existing Mandate and/or fails to meet acquisitions standards. •When the Museums are unable to provide conditions necessary for minimum curatorial care. •When an item poses a potential physical hazard to health risk to the staff or the public. 6.1 De-accession and Disposal Procedure The City of Niagara Falls Museums’ employees and volunteers may not receive, either by donation or purchase, any de-accessioned artefact(s). Department Recreation & Culture Division Museum Page 8 of 17 Page 492 of 817 Subject Collections Management Policy Policy #2000.1 Issue Date June 2013 Revision Date G Policy G Procedure Page 6 of 8 The Curator shall amend all records pertaining to the de-accessioned item(s). Records, hard copy and/or electronic, must be clearly marked De-accessioned by the Committee on [insert date]. The record for each de-accessioned item must also be accompanied by or linked to a copy of the Curator's Committee approved report. Disposal of non-accessioned or non-registered items are not subject to these requirements. The De-accessioning Committee should be satisfied that: •There are no legal restrictions against disposal of any item. •That the item is not on loan to the collection or subject to any Deed of Agreement or document stipulating conditions on the use, display or disposal of the item. Disposal Methods It is the responsibility of the Curator to recommend the preferred method of disposal. De-accessioned items may be disposed of in the following manner: Donation: to, or exchange with, another non-commercial institution. Sale (off site): the Manager of Supply and Services will arrange for the disposal of de-accessioned items by the public sale according to the procedures set down in the City's Purchasing and Disposal Policy. The Curator will liaise with the Capital Asset Manager about the condition and estimated value of the item(s) for disposal. Destruction: will be considered if the item has deteriorated or is damaged beyond a point of restoration or does not serve a definable purpose. All reasonable efforts have been made to dispose of the item through other methods. Two witnesses must be present during destruction. 7. Conservation Preventive conservation provides the most effective use of resources for preservation of the collection. The application of preventive conservation will take precedence over conservation treatments. Conservation treatments will take precedence over restoration. The Museums will regularly monitor environmental conditions (Temperature, RH, Light levels) in their buildings - reports generated from this will be analyzed to determine future preventative conservation measures. Department Recreation & Culture Division Museum Page 9 of 17 Page 493 of 817 Subject Collections Management Policy Policy #2000.1 Issue Date June 2013 Revision Date G Policy G Procedure Page 7 of 8 The City of Niagara Falls Museums will not give out conservation treatment advice as a result of public inquiry. Conservation advice for public inquiries will be limited to preventative measures. Conservation treatments will only be performed by trained conservators. The City of Niagara Falls Museums will not, under any circumstances, carry out conservation treatments for the public. The City of Niagara Falls Museums will provide adequate training annually to new staff and volunteers in Care & Handling procedures and in the principles of Conservation. 8. Loans In keeping with the Ethics Guidelines of the Canadian Museums Association, the Niagara Falls Museums will not accept on loan, or lend to any institution that collects, objects that are known to have been unethically collected. This may include natural or cultural objects that are: •Stolen. •Illegally imported/exported from another province or country, including those that are occupied or war stricken. •Illegally or unscientifically excavated or collected in the field. 8.1 Loans from the Museums: The Niagara Falls Museums makes loans of collection items available for the following reasons: to increase knowledge, awareness and understanding of objects; to make the collections more widely accessible both nationally and internationally; and to encourage partnerships with other cultural institutions. Items will not be loaned in circumstances that could be damaging to the Museums' collection or reputation. The Museums will only lend to qualified borrowers who can provide full documentation demonstrating that objects will be cared for in a professional manner. Department Recreation & Culture Division Museum Page 10 of 17 Page 494 of 817 Subject Collections Management Policy Policy #2000.1 Issue Date June 2013 Revision Date G Policy G Procedure Page 8 of 8 8.2 Loans to the Museums: The Niagara Falls Museums incoming loan must be approved by the Museums Manager and/or Curator and must be accompanied by a loan agreement. The lender retains legal ownership of the artefacts during the loan period. The Museums will provide the same standard of care and security for the artefacts on loan as is does for those in its own collection. Page 11 of 17 Page 495 of 817 Department Recreation & Culture Division Museum Subject Community Policy Policy #2000.2 Issue Date June 2013 Revision Date G Policy G Procedure Page 1 of 2 Introduction The City of Niagara Falls Museums recognizes its community as an integral link in fulfilling its mandate. The citizens and visitors to the City of Niagara Falls shape the services and programmes that the Museums offer. A synergy must exist between the City of Niagara Falls Museums and its community. The City of Niagara Falls owns and operates three Museums: The Willoughby Historical Museum, the Niagara Falls History Museum and the Battle Ground Hotel Museum. Relationship to the Community The City of Niagara Falls Museums recognizes the important role of the community in its overall operations and will strive to create meaningful partnerships within the City in order to better fulfill its Statement of Purpose. Partnerships within the community will also be created with a view to preserving and protecting the City’s heritage and act as stewards of the collection. The needs of the community will be of paramount importance when considering future programming at the Museums. The City of Niagara Falls Museums provide the opportunity for all members of the community to participate in the Museum’s decisions through the Museums Membership Programme, the Exhibit Programme, as well as various volunteer opportunities. The City of Niagara Falls Museums will ensure adequate funding is available to provide promotion of its programmes to the community. Promotion will be carried out through various media, including but not restricted to, social media, print, radio, television, newsletters, web advertising, etc. The City of Niagara Falls Museums will strive, wherever possible, to provide equal access to persons of all abilities, educational and economic levels. The Museums will strive to provide a safe, non-threatening life-long learning environment and will work to foster relationships with diverse and underrepresented communities. While ensuring visitor accessibility, the Museums will also provide for the protection of its artifact collection held in trust for the people of the City of Niagara Falls. Submitted by Director Kathy Moldenhauer Date Recommended by CAO Jason Burgess Date G Approved by Council Report #Bylaw #Date Page 12 of 17 Page 496 of 817 Department Recreation & Culture Division Museum Subject Community Policy Policy #2000.2 Issue Date June 2013 Revision Date G Policy G Procedure Page 2 of 2 Hours of Operation The City of Niagara Falls Museum will be open to the public during regularly posted hours. Hours of Operation must meet or exceed the minimum hours required by the Ontario Ministry of Culture Community Museum Operating Grant Programme. Volunteer Programme The City of Niagara Falls Museums will provide opportunity for members of the community to participate in the Museums’ operations through a volunteer programme. The City of Niagara Falls Museums will recruit, train and develop volunteers in a meaningful way to provide a mutual benefit to both the Museums and the volunteers. The Museums will ensure a safe and barrier free working environment for volunteers as per the City of Niagara Falls Museums’ Health and Safety Policy and Employee Safety and Security Policy. Volunteers will be provided with a training manual as well as hands-on training, as required. A volunteer evaluation will be completed on a regular basis for all volunteers, as per the direction of the City of Niagara Falls Museums Human Resources Policy. The City of Niagara Falls Museums will recognize its volunteers both through a yearly Volunteer Recognition Event as well as in the media, whenever possible. Page 13 of 17 Page 497 of 817 Department Recreation & Culture Division Museum Subject Exhibition Policy Policy #2000.3 Issue Date June 2013 Revision Date G Policy G Procedure Page 1 of 2 Based on a recognition that exhibits are the primary focus of museums, the City of Niagara Falls Museums will ensure that exhibits in all its museums are accurate, relevant and safe opportunities for the museums to educate the public based on their Statements of Purpose. The City of Niagara Falls Museums will use this policy as a guide in all exhibitions. Content The City of Niagara Falls Museums will exhibit artifacts directly related to the Statements of Purpose for each museum and the needs of the citizens of the City of Niagara Falls. New exhibits will be designed based on a written plan, including objectives, audience, relevance and cost. All exhibits will be evaluated on a yearly basis based on the Museums’ Statements of Purpose and the intended objectives of the exhibit. The Curator is responsible for ensuring that all text and supporting artifacts in any display have been fully researched and are being displayed in an accurate, objective and ethical manner. The Curator is also responsible for ensuring that qualified staff, both paid and volunteer are used in the planning, preparation and installation of its exhibitions. The City of Niagara Falls Museums does not guarantee the display of any donated artifact at any given time. Accompanying text for displays will be approved by the Curator of the Museum and will be executed in a consistent style and in a professional manner. Text will be mounted and displayed so as not to obstruct the public’s view or enjoyment of the display. The City of Niagara Falls Museums will provide a portion of their exhibit space for changing exhibits. Staff will decide on a regular basis what portions will be allocated for temporary and changing displays. Within the permanent displays, the Museums will endeavour, whenever possible, to rotate artifacts off of display, in order to refresh the displays and ensure conservation of the artifacts. Submitted by Director Kathy Moldenhauer Date Recommended by CAO Jason Burgess Date G Approved by Council Report #Bylaw #Date Page 14 of 17 Page 498 of 817 Department Recreation & Culture Division Museum Subject Exhibition Policy Policy #2000.3 Issue Date June 2013 Revision Date G Policy G Procedure Page 2 of 2 Displays will be illuminated and monitored based on accepted Museum Conservation Standards and visitor enjoyment. The City of Niagara Falls Museums will endeavour to provide a wide range of display methods in order to appeal to a broad audience. When possible, the Museums will design displays that are accessible to people of all abilities and ages. The Museums will work to develop exhibitions that include objects, stories, and history from the underrepresented groups recognized by the Ontario Museum Association in 2017. These groups include, but are not limited to, Indigenous peoples, LGBTTIQQ2SA, Racialized persons, Refugees or new Canadians, Persons with disabilities, Francophonie, Members of the Deaf community, and Persons living below the poverty threshold (defined by the low-income cut-off). Health and Safety Proper health and safety procedures will be followed at all times in the preparation and installation of exhibits. The City of Niagara Falls Museums will ensure that all exhibit spaces conform with Fire Regulations and are designed to allow for free public flow. Hazardous materials on display will always be placed in safe and secure display cases. Displays will be checked, by the Curator, to ensure that displays are safe and that heavy objects or moving parts have been secured for the safety of visitors and staff. The Museums will follow the legislated requirements for the display and handling of artifacts. The Curator of the Museum will hold a valid Possession Acquisition License and will ensure the proper handling, display and storage of firearms in the collection. The Curator of the Museum will ensure that all staff, paid and unpaid, are trained in the safe operation and maintenance of exhibits and of any hands-on displays. Funding The City of Niagara Falls Museums will budget on a yearly basis for the design, preparation and maintenance of exhibits. An adequate work space will be provided for the preparation of exhibits. The Curator will ensure that preparation activities that may be harmful to artifacts will be carried out in an area that is isolated from the collections spaces. Funds will be provided in the yearly budget for adequate tools and equipment for exhibit preparation. Page 15 of 17 Page 499 of 817 Department Recreation & Culture Division Museum Subject Interpretation and Education Programs Policy Policy #2000.4 Issue Date June 2013 Revision Date G Policy G Procedure Page 1 of 2 The Niagara Falls History Museum, the Willoughby Historical Museum and the Battle Ground Hotel Museum, in accordance with their Statements of Purpose, which is to collect, preserve, research, house, exhibit, and interpret artifacts that best serve to illustrate the founding, settlement, and development of the incorporated and annexed City of Niagara Falls, from its first settlement, with particular emphasis on the Battle of Lundy’s Lane, the former Willoughby Township and Village of Chippawa and Early Tourism and the Battle Field at Lundy’s Lane, will provide programs within the following categories: 1. Public Programming The Museums will develop interpretive exhibits to portray the history and social development of the City of Niagara Falls, with particular emphasis on the Battle of Lundy’s Lane, the former Willoughby Township and Early Tourism, as outlined in the above statement of purpose for the City of Niagara Falls Museums. Public programming services will be fulfilled through the offering of various Museum services, within their capabilities, such as guided interpretive tours, changing exhibits, public lectures, cultural activities, and outreach. The City of Niagara Falls Museums are committed to the ongoing health and safety of both its workers, as well as visitors. All Educational and interpretive programs at the City of Niagara Falls Museums will be designed with a view to providing a safe and secure environment, in accordance with the Health and Safety Policy for the City of Niagara Falls Museums. 2. Special Events and Exhibits Special events and exhibits will be developed and implemented within the Museums’ capabilities, including the use of seasonal displays, travelling exhibits, workshops, and demonstrations subject to the constraints noted in the Museums’ Exhibition, Conservation and Research Policies. Submitted by Director Kathy Moldenhauer Date Recommended by CAO Jason Burgess Date G Approved by Council Report #Bylaw #Date Page 16 of 17 Page 500 of 817 Department Recreation & Culture Division Museum Subject Interpretation and Education Programs Policy Policy #2000.4 Issue Date June 2013 Revision Date G Policy G Procedure Page 2 of 2 3. School Programs School programs will be designed to meet the specific needs of the Ontario Curriculum. The Museums will work to develop programmes that include objects, stories, and history from the underrepresented groups recognized by the Ontario Museum Association in 2017. These groups include, but are not limited to, Indigenous peoples, LGBTTIQQ2SA, Racialized persons, Refugees or new Canadians, Persons with disabilities, Francophonie, Members of the Deaf community, and Persons living below the poverty threshold (defined by the low- income cut-off). Guided school tours and hands on activities will be maintained for students. Professional development and Museum orientation days will be offered to teachers and volunteers. 4.The interpretational and educational services offered by the Museums will be developed along guidelines established within the Museum’s Collection, Conservation and Research Policies. 5.An established on-site teaching area will encourage staff interaction with the public and facilitate a better understanding of the exhibits and displays as well as hands-on experience. 6.To ensure a valid learning experience for all user groups, the various programs will be frequently subjected to evaluation, assessment and rotation, as necessitated by the Museums’ Exhibition Policy. 7.Outreach programs will be implemented annually and made available for community events. 8.Expenses for interpretation and education programs will be incorporated into the Museums’ annual budget. Page 17 of 17 Page 501 of 817 4605 QUEEN STREET NIAGARA, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNNIAGARAFALLS.COM May 31st, 2022 Mayor and City Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON, L2E 6X5 To Whom This Will Concern, The Downtown Niagara Falls Board of Management is presenting an updated slate of officers to City Council for approval. A motion was approved at the April Board meeting to accept the removal and resignation of both Kellie Crossley and Pragnesh Saija from the Downtown BIA Board. With the upcoming Fall election and short timeframe, the Board approved appointment for the three vacant spaces on May 30th, 2022. The Board of Management requests the following name be removed from the slate of Directors at the upcoming City Council meeting: 1. Pragnesh Saija, Business Owner of Wonder Buds at 4635 Queen Street 2. Kellie Crossley, Business Owner and Property Owner at Colour by Kellie The Board of Management requests the following name be added by City Council to the slate of Directors at the upcoming City Council meeting: 1. Cat Thagard, Business Owner of Cat and Monkey Events at 4548 Queen Street 2. Tony Barranca, Business Owner and Property Owner of Hair Lovers at 4407 Queen Street 3. Steve Falco, Business Owner at Breakout Escapes at 4455 Queen Street With this nomination, the Board is proud to have equal representation of business owners, property owners, and employees of downtown establishments. The full slate should now be as follows: 1. Ron Charbonneau, Chairman, Property Owner 2. Eddy Pybus, Business and Property Owner 3. Jon De Luca, Business Owner 4. Starr Bowes, Business Owner 5. Lisa Vanderklippe, Business Owner 6. Wendy Leard, Director, Business and Property Owner 7. Cat Thagard, Business Owner of Cat and Monkey Events 8. Tony Barranca, Business Owner and Property Owner of Hair Lovers Page 502 of 817 4605 QUEEN STREET NIAGARA, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNNIAGARAFALLS.COM 9. Steve Falco, Business Owner at Breakout Escapes 10. Wayne Campbell, Council Member 11. Chris Dabrowski, Council Member Sincerely, The Board of Management for Downtown Niagara Falls Page 503 of 817 1 Heather Ruzylo To:Connor Roorda Subject:RE: [EXTERNAL]-Drive In Car Show From: Connor Roorda < Sent: Monday, June 13, 2022 11:08 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Cc: Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: Re: [EXTERNAL]-Drive In Car Show Fantastic thank you so much! Please if you need anything from me let me know! Connor Roorda On Jun 13, 2022, at 9:26 PM, Jim Diodati <jdiodati@niagarafalls.ca> wrote: Hello Connor and thank you for reaching out. I’m connecting you here to our City Clerk Bill Matson so this can come before Council. Thanks. Jim Mayor Jim Diodati City of Niagara Falls 905 356 7521 x 4201 On Jun 13, 2022, at 8:04 PM, Connor Roorda < wrote: Good evening Jim! Thank you for taking the time to look into our fundraiser! The goal is to run a safe and respectful car event like we do in September. We are looking to have a car show in the evening starting at 5-6PM and running for a few hours till about 9PM. Immediately following the show we would like to start playing a movie (drive in style). I have already spoken with FireMans Park and they are excited to have us back more then once this year! We have a tentative date of Saturday August 20 th. I try to be as respectful of the neighbours to the park as car enthusiasts already don’t have a good reputation because of some bad seeds that don’t follow the rules. As the bi law for Niagara Falls states quite time is 9PM, the movie would be ending between 10:30 and 11PM. We would be playing it at an appropriate level but sound does travel. Page 504 of 817 2 Is this something that the city of Niagara Falls would be able to accommodate for one day? Money raised from this event is used to help us run our bigger show in September. Proceeds from the September show go back into the community in a chariatable donation to FireMans Park. StormTheFalls Connor Roorda stormthefalls@gmail.com www.stormthefalls.ca 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 505 of 817 Taps Brewing Company Inc. 4680 Queen Street Niagara Falls, ON L2E 2L8 289-477-1010 City of Niagara Falls, As we have in other years, Taps Brewhouse is seeking relief from the Amplified Noise By-Law for a number of outdoor events. These events are mainly live music based music events held on our outdoor parking lot stage, separate from our outdoor patio dining area and secured with fencing. All events are dependent on COVID19 restrictions. These events are being held in conjunction with a local organizations and employing local musicians/artists AND vendors. -Sunday, June 12th from Noon to 7pm – Super Heros of Autism Talent Showcase and vendor fair -Friday, July 1st from Noon to 8pm(after the parade) Canada Day Celebration -Thursday July 14thth 2pm to 11pm Invittco and Taps Beer Festival with local live bands and vendors -Saturday August 13th 2pm to Midnight – M&S Productions Tribute Band Showcase -Saturday August 20th 10am to 7pm – N.F. Family Pride Talent Showcase and Fundraiser -Saturday September 3rd – 2pm to Midnight - Taps/Invittco/Revive The Rose Bar Down Beer Festival Thank you, Eric Martin Taps Brewing Company Inc. Cell: 905-380-2708 Page 506 of 817 May 31, 2022 Delivered by email sylvia.jones@ontario.ca The Honourable Sylvia Jones Solicitor General of Ontario Ministry of the Solicitor General 25 Grosvenor Street, 18th Floor Toronto, ON M7A 1Y6 Dear Solicitor General Jones: Re: Town of Aurora Council Resolution of May 24, 2022 Motion 10.3 - Councillor Thompson; Re: Mandatory Firefighter Certification Please be advised that this matter was considered by Council at its meeting held on May 24, 2022, and in this regard, Council adopted the following resolution: Whereas municipal governments provide essential services to the residents and businesses in their communities; and Whereas the introduction of new provincial policies and programs can have an impact on municipalities; and Whereas municipal governments are generally supportive of efforts to modernize and enhance the volunteer and full-time fire services that serve Ontario communities; and Whereas the Association of Municipalities of Ontario (AMO) believes in principle that fire certification is a step in the right direction, it has not endorsed the draft regulations regarding firefighter certification presented by the Province; and Whereas municipalities and AMO are concerned the thirty-day consultation period was insufficient to fully understand the effects such regulations will have on municipal governments and their fire services; and Whereas fire chiefs have advised that the Ontario firefighter certification process will create additional training and new costs pressures on fire services; and Legislative Services Michael de Rond 905-726-4771 clerks@aurora.ca Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G 6J1 Page 507 of 817 Town of Aurora Council Resolution of May 24, 2022 Mandatory Firefighter Certification May 31, 2022 2 of 2 Whereas the Ontario government has not provided any indication they will offer some form of financial support to deliver this service; and Whereas AMO, on behalf of municipal governments, in a letter to Solicitor General Jones dated February 25, 2022, made numerous comments and requests to address the shortcomings in the draft regulations; 1. Now Therefore Be It Hereby Resolved That the Town of Aurora does hereby support AMO’s recommendations; and 2. Be It Further Resolved That the Town of Aurora does hereby call on the Solicitor General of Ontario to work with AMO, municipal governments and fire chiefs across Ontario to address the concerns raised so that municipalities can continue to offer high quality services to their communities; and 3. Be It Further Resolved That a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO), the Ontario Small Urban Municipalities (OSUM), and all Ontario municipalities for their consideration. The above is for your consideration and any attention deemed necessary. Yours sincerely, Michael de Rond Town Clerk The Corporation of the Town of Aurora MdR/lb Copy: Association of Municipalities of Ontario (AMO) Ontario Small Urban Municipalities (OSUM) All Ontario municipalities Page 508 of 817 1 Heather Ruzylo Subject:Arthritis Awareness Month From: City Website <webmaster@niagarafalls.ca> Sent: Thursday, June 2, 2022 10:39 AM To: Jason Burgess <jburgess@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca> Subject: [EXTERNAL]-How Can We Help Submission Good News! You just got a new response to 'How can we help?'! First Name Danielle Last Name Milley Phone Number Email Address dmilley@arthritis.ca Message If your inquiry pertains to a certain address, please include it in your message so we can help you quicker. Arthritis Society Illumination request    Throughout the Arthritis Society's 74-year history, community support has been critical in enabling the organization to fulfill its mission to fight the fire of arthritis with cutting-edge research, bold innovation, fiery advocacy, evidence-based information and patient-centred support. Because it's not just arthritis. Arthritis is serious. It causes debilitating pain, restricts mobility and diminishes quality of life. Six million Canadians – 1 in 5 – live every day with the fire of arthritis and there is no cure. Without a greater spotlight on this growing issue, the number of Canadians with arthritis will rise to nine million by 2040.  During Arthritis Awareness Month this September, we are encouraging everyone who lives with arthritis – and all those who know and love them – to fight the fire of arthritis. We want to raise voices and awareness. We respectfully request that the Niagara Falls City Hall lights up in blue on Thursday, Sept. 1, 2022 in support of Arthritis Awareness Month. This will help us reach Ontarians with our message and illustrate your support for those living with the disease, and their families. This request has been sent to communities and monuments across Canada, and we look forward to sharing pictures on social media of a nation united in this important cause. Last year, 29 buildings in 18 communities across the country glowed blue for the AAM, we are hoping to more than double those numbers this year. Please help us achieve this goal. Page 509 of 817 2 For more information about Arthritis Awareness Month, visit //www.arthritis.ca/fightthefire.    With gratitude for your consideration. Would you like to subscribe to our newsletter? 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 510 of 817 A Great City … For Generations To Come PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Alexa Cooper, Planner II Date: June 21, 2022 Re: PLC-2022-009, Request for Removal of Part Lot Control Lots 18, 48, and 62, Registered Plan 59M-491, Lyons Creek Phase 5 9336-9338 White Oak Ave. (Lot 18); 9297-9299 Griffin St. (Lot 48); and 9253-9255 White Oak Ave. (Lot 62) Mountainview Homes (Niagara) Ltd. has requested Council pass a by-law to exempt Part Lot Control from Lots 18, 48, and 62, on Registered Plan 59M -491 to transfer the ownership of semi-detached dwelling units that are under construction. Lots 18, 48, & 62 are proposed to be divided into 2 parts for 2 semi-detached dwelling units on each lot, totaling 6 semi-detached dwelling units. The request can be supported based on the following:  The zoning permits semi-detached dwellings at 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. AC Attach. S:\PART LOT CONTROL\2022\PLC-2022-009 - LYONS CREEK (LOT 18, 48 ,62)\Memo to Council - PLC-2022-009.docx Page 511 of 817 A Great City … For Generations To Come PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Alexa Cooper, Planner II Date: June 21, 2022 Re: PLC-2022-010, Request for Removal of Part Lot Control Lots 63 to 68 inclusive and Block 69, Registered Plan 59M-491, Chippawa West 9215-9249 White Oak Avenue and 9200-9210 Griffin Street LH (Niagara) Ltd. has requested Council pass a by-law to exempt Part Lot Control Lots 63 to 68 inclusive and Block 69, on Registered Plan 59M-491 to transfer the ownership of semi-detached and on-street townhouse dwelling units that are under construction. Lots 63 to 68 inclusive are proposed to be divided into 4 parts for 2 semi-detached dwellings on each lot for a total of 12 units, and Block 69 is proposed to be divided into 6 parts for 6 on-street townhouse dwelling units. The request can be supported based on the following:  The zoning permits semi-detached and on-street townhouse dwellings at 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. AC Attach. S:\PART LOT CONTROL\2022\PLC-2022-010 - CHIPPAWA WEST (LOTS 63, 64, 65, 66, 67, 68 & BLOCK 69)\Memo to Council - PLC-2022-010.docx Page 512 of 817 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-Rail Safety Week 2022 | Proclamation request Begin forwarded message: From: Marie-Pier Triganne <marie-pier.triganne@cn.ca> Date: June 15, 2022 at 10:22:34 AM EDT To: Jason Burgess <jburgess@niagarafalls.ca> Subject: [EXTERNAL]-Rail Safety Week 2022 | Proclamation request Reply-To: Marie-Pier Triganne <noreply_contact@cn.ca> cn.ca Dear Mr. Burgess: Every year, more than 2,100 North Americans are killed or seriously injured because of unsafe behaviour around tracks and trains. Every one of these incidents and deaths are preventable. By looking out for each other and working together, we can help keep our communities safe and prevent injuries and fatalities on or near railway property. Safety is a core value at CN and we continue to take all necessary steps to protect our employees, communities, customers, vendors and partners with the objective of reducing rail related injuries and fatalities to zero. As we safely serve our customers and keep the economy moving, we remain committed in our efforts to educate the public on rail safety. Rail Safety Week will be held in Canada, the United States, and Mexico from September 19-25, 2022. Once again this year, efforts to get the rail safety message out will be stronger than ever and represent a unique opportunity to work together with you, Operation Lifesaver, local authorities, CN Police Service officers and all CN employees to help prevent accidents and injuries at rail crossings in your community, and ensure everyone’s safety on and around railroad infrastructure year-round. Rail Safety is a shared responsibility As leaders in your community, your council can play a key role in preventing incidents and saving lives by adopting the attached draft proclamation. Please send a copy of your proclamation by e-mail to Marie- Pier.Triganne@cn.ca and let us know about your plans to promote rail safety in your community. If you have any questions or concerns about rail safety in your community, please contact our Public Inquiry Line at 1-888-888-5909. For additional information about Rail Safety Week 2022, please consult cn.ca/railsafety or operationlifesaver.ca. Stephen Covey Cyrus Reporter Page 513 of 817 2 Chief of Police and Chief Security Officer Vice-President, Public, Government & Regulatory Affairs 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. We value and respect flexible work arrangements. Although I have sent this at a time that is convenient for me, it is not my expectation that you read, respond or follow up on this email outside of your work hours. Page 514 of 817 RESOLUTION IN SUPPORT OF RAIL SAFETY WEEK Whereas Rail Safety Week is to be held across Canada from September 19 to 25, 2022; Whereas it is in the public’s interest to raise citizens’ awareness of the dangers of ignoring safety warnings at level crossings and trespassing on rail property to reduce avoidable deaths, injuries and damage caused by incidents involving trains and citizens; Whereas Operation Lifesaver is a public/private partnership whose aim is to work with the public, rail industry, governments, police services, media and others to raise rail safety awareness; Whereas CN has requested City Council adopt this resolution in support of its ongoing efforts to raise awareness, save lives and prevent injuries in communities, including our municipality; It is proposed by Councillor ________________________________________ seconded by Councillor ________________________________________ It is hereby RESOLVED to support national Rail Safety Week to be held from September 19 to 25, 2022. Page 515 of 817 1 Heather Ruzylo To:Bill Matson Subject:RE: Fallsview BIA budget -----Original Message----- From: Jim Graham <Jim.Graham@niagarafallshilton.com> Sent: Wednesday, June 15, 2022 8:04 PM To: Bill Matson <billmatson@niagarafalls.ca>; Stephanie Young <syoung@niagarafalls.ca>; Wayne Thomson Fallview Account <wthomson@fallsviewgroup.com> Subject: Re: Fallsview BIA budget Good evening, Bill and Stephanie. Thank you both for taking the time to speak with me this afternoon. Further to our conversation, Wayne Thomson (BIA Chair) and I (Vice-Chair) are hoping that you will present a current budget to council that is in-line with last-year’s: $103,000. As mentioned, we are currently working through an HR matter, but Wayne and I can be available to answer questions as required. Jim Graham Sent from my iPhone Page 516 of 817 A Great City … For Generations to Come CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Seniors Advisory Committee Date: June 15th, 2022 Re: Water Rebate Policy – Seniors Advisory Committee At the Seniors Advisory Committee June 9th meeting, the committee passed a motion for the consideration of council. 1 – SAC requests, “For Council to direct finance staff to create a comprehensive rebate policy regarding water and property tax for lower income seniors”. RECOMMENDATION: That Council accepts the recommendation. Page 517 of 817 Niagara District Airport Commission 468 Niagara Stone Road Niagara-on-the-Lake, ON L0S 1J0 905-684-7447 May 27, 2022 Bill Matson Clerk City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, ON, L2E 6X5 Sent via email to billmatson@niagarafalls.ca Dear Mr. Matson, Re: Niagara District Airport RFP Please be advised that at our Niagara District Airport Commission meeting held on May 26, 2022, the Commission passed the following in-camera motion: That any future procurement for the management and operations of the Niagara District Airport be deferred until such time that a clear strategic direction for the airport is approved by all three funding municipal partners, and That staff be directed to inform the Airport Liaison Committee and relevant municipal staff of this motion. Regards, Dan Pilon CEO, Niagara District Airport Page 518 of 817 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca May 31, 2022 CL 10-2022, May 19, 2022 PEDC 4-2022, May 11, 2022 PDS 15-2022, May 11, 2022 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Brownfield Tax Assistance Incentive Funding Request PDS 15-2022 Regional Council, at its meeting held on May 19, 2022, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 15-2022, dated May 11, 2022, respecting Brownfield Tax Assistance Incentive Funding Request, BE RECEIVED and the following recommendations BE APPROVED: 1. That Regional matching funding for a request to partner on a Brownfield Tax Assistance Program (BTAP) grant in the amount of $99,092 in the City of Niagara Falls BE APPROVED; and 2. That Report PDS 15-2022 BE CIRCULATED to the Local Area Municipalities. A copy of PDS 15-2022 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :cv CLK-C 2022-075 cc: M. Sergi, Commissioner, Planning & Development Services N. Oakes, Executive Assistant, Planning & Development Services M. Bannerman, Program Manager, Grants and Incentives, Planning & Development Services Page 519 of 817 PDS 15-2022 May 11, 2022 Page 1 Subject: Brownfield Tax Assistance Incentive Funding Request Report to: Planning and Economic Development Committee Report date: Wednesday, May 11, 2022 Recommendations 1. That Regional matching funding for a request to partner on a Brownfield Tax Assistance Program (BTAP) grant in the amount of $99,092 in the City of Niagara Falls BE APPROVED; and 2. That Report PDS 15-2022 BE CIRCULATED to Local Area Municipalities. Key Facts • This report requests Council direction on Regional participation in a Brownfield Tax Assistance Program (BTAP) grant at the property adjacent to 3659 Stanley Avenue in Niagara Falls. Typically Niagara Region matches requests from local municipalities for BTAP incentives. This report outlines for Council ways in which the current request differs from those received to date. • BTAP grants encourage remediation of brownfield sites by providing a freeze or cancellation of the property taxes on a property that is undergoing remediation and redevelopment, to assist with the cost of environmental remediation. This grant is provided for a time period specified in a municipality’s program and the project agreement. • Requests for matching Regional funding for BTAP grants must be approved by Council resolution. • The structure and financial implications of this BTAP incentive differ from past BTAP incentives approved by Council. This request results in a more expensive grant, paid out after both remediation and redevelopment, for a longer duration than most BTAPs, as outlined below (close to 10 times more than BTAP grants calculated under other programs). One other municipality in Niagara has a similarly structured program (West Lincoln). • This BTAP application is the first request from the City of Niagara Falls, though more may be forthcoming. No BTAP requests have been made from the Township of West Lincoln under a similar program though one is expected. Page 520 of 817 PDS 15-2022 May 11, 2022 Page 2 ______________________________________________________________________ • Through PDS 3-2022, Council has approved expiry of the Region’s BTAP matching program on October 1, 2023. • A related matching Regional funding request for a Brownfield Tax Increment Grant (BTIG) on this property has been received and is anticipated to be approved by staff through delegated authority (PDS 30-2015). Financial Considerations Regional Brownfield Incentive Funding Niagara Region funds several brownfield incentive programs, primarily as matching programs with local municipalities. These include Brownfield Regional Development Charge (RDC) reduction grants, Brownfield Tax Increment Grants (BTIGs), Brownfield Tax Assistance Program grants (BTAPs), and Environmental Assessment Study grants (ESAs). Two of these programs, BTAPs and ESA grants, will expire on October 1, 2023. Brownfield projects may access several Regional incentives during their assessment, remediation and redevelopment stages. Annual budget requirements for these programs vary depending on the approved projects and timing of development, but potential Regional commitments to brownfield incentives is currently estimated to be approximately $57 million. Several million more in brownfield incentive requests are anticipated over the next few years. Niagara Falls BTAP Funding Request The 2022 budget for the Region’s BTAP is $38,000. It was funded through assessment growth as part of the annual budget process. Should the current BTAP request be approved, it would not be paid out until project completion, and the total grant (estimated to be $99,092) would be paid over five annual installments. These funds would be included in the operating budget approval process, to be funded with assessment growth in the years payment is projected Key figures regarding the Niagara Falls brownfield project: • Eligible remediation costs: $1,010,411 • Eligible redevelopment costs: $507,933 • Estimated pre-project assessment value: $250,000 • Estimated post-project assessment value: $2,137,920 • Pre-project taxes (City and Region): $3,886 • Estimated post-project taxes (City and Region): $42,882 Page 521 of 817 PDS 15-2022 May 11, 2022 Page 3 ______________________________________________________________________ Table 1: Regional Incentive Funding Requests for Niagara Falls Project Regional Grant (Totals) Amount Requested Amount Paid / Committed SNIP Environmental Assessment Study grant $5,000 Paid Brownfield Regional DC Reduction grant $464,891 Pending SNIP Property Rehabilitation and Revitalization Tax Increment grant (BTIG) $158,547 Pending Brownfield Tax Assistance Program grant (BTAP) $99,092 Pending TOTAL Regional incentive requests $727,530 Total City incentive funding for the project is estimated to be $256,770. There is a substantial difference between BTAP grants calculated under a program used by seven Niagara municipalities, and BTAP grants calculated under a program used by two other Niagara municipalities. Table 2 below is a specific comparison of the different ways these grants are calculated. Though it is difficult to predict the amount of BTAP funding that will be requested given the nature and timing of remediation and development for each project, if there were several requests as is anticipated, the financial implication could be significant. Analysis Niagara Region has been requested to provide matching funding for a BTAP grant in the City of Niagara Falls. A municipal address has not yet been provided for the project site, which is located near Stanley Avenue (Appendix 1). The intended use of the BTAP project site is as an industrial storage facility with industrial storage units, self-storage units, and office space. BTAP grants encourage remediation of brownfield sites by providing a freeze or cancellation of the property taxes on a property that is undergoing remediation and redevelopment, to assist with the cost of environmental remediation. This grant is provided for a time period specified in a municipality’s program and the project agreement. Page 522 of 817 PDS 15-2022 May 11, 2022 Page 4 ______________________________________________________________________ Most municipalities in Niagara have BTAP grants limited by the earlier of: • the remediation period • a specified period (usually three or five years) • until the grant provided equals total eligible remediation costs • other limits (e.g., sale of the property) However, two Niagara municipalities, Niagara Falls and West Lincoln, have BTAP programs which include post-development taxes rather than only remediation period taxes in their calculation. In these cases, BTAP grants are based on the difference in property taxes assessed at the time an agreement is executed (pre-project) and the property taxes assessed following both the rehabilitation and the redevelopment phases (post-project). The implications of this approach are that: • the BTAP grant is paid late in the process, after redevelopment • the length of the remediation period is not relevant to the grant amount • the BTAP grant is greater than that calculated based only on the remediation period – in the current case, close to ten times more than a BTAP grant calculated under other programs BTAP grants must be approved through a bylaw at the local municipal level, and any matching participation by the Region must be approved through a resolution of Council. (There is an option for the province to participate by matching the education tax portion through its Brownfield Financial Tax Incentive Program, though most recent projects to not pursue this option.) Bylaw 2022-10 approving this BTAP grant was passed by the Niagara Falls City Council January 18, 2022. All past BTAP grant requests have been approved by Council for matching Regional funding. However, as acknowledged in the Niagara Falls Brownfield Community Improvement Plan under which this BTAP incentive was approved, “[t]he matching Regional portion of the property taxes to be frozen is subject to approval by Regional Council. The tax assistance provided by the Region may be delivered differently than the tax assistance provided by the City and may be subject to additional conditions.” Regional Council may wish to consider the options outlined in Table 2 regarding funding this BTAP grant. Page 523 of 817 PDS 15-2022 May 11, 2022 Page 5 ______________________________________________________________________ Table 2 Estimated Regional BTAP Grant Options Funding Option Basis of Calculation Estimated Regional BTAP grant amount Option 1: Provide a Regional BTAP grant calculated under the City of Niagara Falls’ BTAP Grant based on difference between current and post- project taxes for a five year period $99,092 Option 2: Provide a Regional BTAP grant for the remediation period (similar to other local municipal BTAPs) Grant based on current taxes cancelled during the remediation period (approximately four months) $658 Option 3: Provide a Regional BTAP grant for five years Grant based on current taxes cancelled during remediation period rate for five years $9,875 Option 4: Provide no Regional BTAP grant --- $0 Implications The City’s current request for Regional matching BTAP funding would result in a grant close to ten times what the estimated amount would be if calculated under most local municipal BTAPs. This would be in addition to one confirmed and two other potential brownfield grants from the Region. These four Regional grant requests alone would amount to over 70% of the remediation costs for the property. The Regional BTAP program is slated to expire on October 1, 2023. Should Regional Council approve matching this BTAP grant at the level requested by the City, it is difficult to know how many additional grants calculated in this manner may be forthcoming prior to the end of the program. At least one is soon expected from West Lincoln, which has a similar BTAP incentive. Niagara Falls has brownfield properties which may be eligible to submit BTAP applications before the program deadline, including some of magnitude, particularly redevelopment for residential projects. Brownfield remediation was identified as a key priority area for incentives by Council. The new Niagara Region Incentives Policy includes brownfield incentives that remain robust while becoming more sustainable and accountable. Many substantial brownfield Page 524 of 817 PDS 15-2022 May 11, 2022 Page 6 ______________________________________________________________________ incentive applications are expected in the next few years. Millions of dollars in Regional incentives are likely to be requested under existing and continuing Regional brownfield incentive programs such as BTAPs, BTIGs and Brownfield RDC grants and deferrals. Recent reports to the Regional Development Charge Task Force have outlined the Region’s exposure regarding Brownfield RDC costs (RDCPTF-C 5-2022). Background on Regional BTIG commitments was provided as part of the Regional incentive review (PDS 31-2021). A more complete forecast of BTIG requests will be available following local municipal Tax Increment Grant forecasting in July. These considerations may be helpful to Council in determining how to fund requests for expiring brownfield incentive programs in light of anticipated requests for new incentives for an increasing range, size and number of brownfield sites in Niagara. Alternatives Reviewed The recommendation in this report is to approve Option 1 in Table 2 above, i.e., matching Regional BTAP funding at the level requested by the City. This practice is consistent with Regional matching of most incentives approved by local municipalities. It is also noted that future financial exposure may be limited by the expiry of Regional participation in the BTAP program on October 1, 2023. Alternative options to this recommendation are presented in Table 2. Relationship to Council Strategic Priorities The information in this report relates to the following Council strategic priorities: Priority 1: Supporting Businesses and Economic Growth • Objective 1.1: Economic Growth and Development Priority 4: Sustainable and Engaging Government • Objective 4.3: Fiscally Sustainable Other Pertinent Reports RDCPTF-C 5-2022 Regional Development Charge Bylaw Policy Considerations PDS 31-2021 Niagara Region Incentives Review Page 525 of 817 PDS 15-2022 May 11, 2022 Page 7 ______________________________________________________________________ ________________________________ Prepared by: Marian Bannerman, PhD Program Manager, Grants and Incentives Planning and Development Services _______________________________ Recommended by: Michelle Sergi, MPP, RCIP Commissioner Planning and Development Services ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Blair Hutchings, Senior Tax and Revenue Analyst, and reviewed by Todd Harrison, CPA, CMA, Commissioner of Corporate Services/Treasurer. Appendices Appendix 1 Map of Niagara Falls BTAP Request Site Page 526 of 817 Appendix 1 PDS 15-2022 May 11, 2022 Appendix 1: Map of Niagara Falls BTAP Request Site (adjacent to 3659 Stanley Avenue) Page 527 of 817 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca May 31, 2022 CL 10-2022, May 19, 2022 PWC 4-2022, May 10, 2022 PW 19-2022, May 10, 2022 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Waste Management System By-law and Access to Closed Landfill and Repurposed Sites By-law Updates PW 19-2022 Regional Council, at its meeting held on May 19, 2022, passed the following recommendation of its Public Works Committee: That Report PW 19-2022, dated May 10, 2022, respecting Waste Management System By-law and Access to Closed Landfill and Repurposed Sites By-law Updates, BE RECEIVED and the following recommendations BE APPROVED: 1. That By-law No. 2017-56, A By-law to Regulate the Use of the Waste Management System for The Regional Municipality of Niagara, (short title being the “Waste Management By-law”) as amended by By-laws 2020-62 and 2021-06, BE REPEALED AND REPLACED with the updated draft By-law provided in Appendix 1; 2. That the proposed Short Form Offences and Set Fines Schedule for the updated Waste Management By-law, attached as Appendix 2, BE FORWARDED for the approval of the Chief Justice of the Ontario Court of Justice (Provincial Division), as required under Section 91.1(1) of the Provincial Offences Act in order to allow for enforcement of the updated By-law by the issuance of tickets; 3. That By-law No. 83-2016, A By-law to Regulate Access to Closed Landfill and Repurposed Sites Owned by The Regional Municipality of Niagara, (short title being the “Closed Landfills and Repurposed Sites By-law”), BE REPEALED AND REPLACED with the updated draft By-law provided in Appendix 3; Page 528 of 817 Waste Management System By-law and Access to Closed Landfill and Repurposed Sites By-law Updates May 31, 2022 Page 2 4. That the proposed Short Form Offences and Set Fines Schedule for the updated Regulation of Closed Landfills and Repurposed Sites By-law, attached as Appendix 4, BE FORWARDED for the approval of the Chief Justice of the Ontario Court of Justice (Provincial Division), as required under Section 91.1(1) of the Provincial Offences Act in order to allow for enforcement of the updated By-law by the issuance of tickets; and 5. That Report PW 19-2022 and the updated By-laws, BE CIRCULATED to the Local Area Municipalities for information. A copy of Report PW 19-2022 and By-law No. 2022-32, and By-law No. 2022-33 are enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :cv CLK-C 2022-074 cc: B. Zvaniga, Interim Commissioner, Public Works N. Coffer, Executive Assistant, Public Works K. Ashbridge, Supervisor, Waste Management Page 529 of 817 PW 19-2022 May 10, 2022 Page 1 Subject: Waste Management System By-law and Access to Closed Landfill and Repurposed Sites By-law Updates Report to: Public Works Committee Report date: Tuesday, May 10, 2022 Recommendations 1. That By-law No. 2017-56, A By-law to Regulate the Use of the Waste Management System for The Regional Municipality of Niagara, (short title being the “Waste Management By-law”) as amended by By-laws 2020-62 and 2021-06, BE REPEALED AND REPLACED with the updated draft By-law provided in Appendix 1; 2. That the proposed Short Form Offences and Set Fines Schedule for the updated Waste Management By-law, attached as Appendix 2, BE FORWARDED for the approval of the Chief Justice of the Ontario Court of Justice (Provincial Division), as required under Section 91.1(1) of the Provincial Offences Act in order to allow for enforcement of the updated By-law by the issuance of tickets; 3. That By-law No. 83-2016, A By-law to Regulate Access to Closed Landfill and Repurposed Sites Owned by The Regional Municipality of Niagara, (short title being the “Closed Landfills and Repurposed Sites By-law”), BE REPEALED AND REPLACED with the updated draft By-law provided in Appendix 3; 4. That the proposed Short Form Offences and Set Fines Schedule for the updated Regulation of Closed Landfills and Repurposed Sites By-law, attached as Appendix 4, BE FORWARDED for the approval of the Chief Justice of the Ontario Court of Justice (Provincial Division), as required under Section 91.1(1) of the Provincial Offences Act in order to allow for enforcement of the updated By-law by the issuance of tickets; and 5. That Report PW 19-2022 and the updated By-laws, BE CIRCULATED to the Local Area Municipalities for information. Page 530 of 817 PW 19-2022 May 10, 2022 Page 2 Key Facts • The purpose of this report is to seek Committee’s approval for the repeal and replacement of the following By-laws: 1. By-law No. 2017-56, A By-law to Regulate the Use of the Waste Management System for The Regional Municipality of Niagara (the “Waste Management By-law”); and 2. By-law No. 83-2016, A By-law to Regulate Access to Closed Landfill and Repurposed Sites Owned by The Regional Municipality of Niagara (the “Closed Landfill and Repurposed Sites By-law”). • The Waste Management By-law was last updated in 2020/2021 to reflect service level changes, including every-other-week garbage collection. Since the last amendment, staff have identified areas of improvement that will provide clarification on existing conditions for enhanced enforcement and public understanding. • The Closed Landfill and Repurposed Sites By-law was created in 2016 to consolidate various individual naturalization sites by-laws. The 2022 update will address use issues that were not previously contemplated in the 2016 By-law, as well as improve public understanding. Financial Considerations There are no anticipated financial implications with the proposed updates of these By- laws. Analysis 1. Waste Management By-law The purpose of the Waste Management By-law is to regulate and control the use of Niagara Region’s waste management system. Since coming into effect in October 1999, the Waste Management By-law has regularly been revised to reflect changes to waste programs, collection services and requirements. The current update to the Waste Management By-law is required to address minor housekeeping issues and to increase consistency among similar sections of the Waste Management By-law. The Waste Management By-law update will also allow for improvements in enforcement activity, specifically in regards to illegal dumping in Public Space Litter Bins and on Regional Property. Page 531 of 817 PW 19-2022 May 10, 2022 Page 3 Outlined below are the proposed Waste Management By-law revisions, which are contained in Appendix 1. • Additional wording for Green Bin, Grey Bin and Leaf and Yard waste containers to align with requirements for garbage and Blue Box containers; • Corrected Amnesty Week definition to reflect every-other-week garbage collection; • Defined Sharps and added Sharps to the short form wording for the set fine of “Setting out hazardous, pathological Materials or Sharps for collection” Set fine amount remains $500; • Updated grass references to “Grass Clippings” and included definition of Grass Clippings (i.e. not crab grass or ornamental grasses); • Remove food wrap from acceptable Grey Box Material; • Updated definition of Electrical and Electronic Equipment to align with new provincial legislation and categories; • Added microwaves to the white goods definition – as of October 2020 white goods were no longer collected curbside and can be accepted as scrap metal; • Added wording to prohibit the illegal dumping of material deemed to have been in the Care and Control of a person, into a Public Space Litter or Recycling Bin; • Added Type B properties (Multi-Residential) to section 13.6: To be eligible for Garbage collection services, Type B-F Premises must utilize the Region's recycling and organics collection services. This applies to both base and enhanced service. Multi-residential properties using garbage collection must also participate in organics and recycling diversion programs, this change is in line with the existing requirements for Mixed-Use and Industrial, Institutional and Commercial properties; • Added Regional Property to definition of illegal dumping in order to allow for enforcement of illegal dumping on Regional Property (e.g. Environmental Centre); • Added requirement for Designated Business Area (DBA) properties, with afternoon collection times to set out their material no earlier than 1 hour prior to collection. This change addresses the issue of DBA’s with 5 p.m. collection time, setting out material the day before collection. The set fine in the amount of $75 is consistent with the current set fine of $75 for Setting out waste contrary to specified times; • Updated the definition of Low Density Residential (LDR) premise to include boarding homes with six (6) or fewer rooms, and the definition of Multi-Residential premise to Page 532 of 817 PW 19-2022 May 10, 2022 Page 4 include boarding homes with seven (7) or more rooms, based on MPAC assessment; and • Minor clarifications and clerical corrections to the existing by-law wording and definitions have been made to improve public understanding and administration. 2. Closed Landfill and Repurposed Sites By-law Outlined below are the proposed Closed Landfill and Repurposed Sites By-law revisions, which are contained in Appendix 3. • Added definition of Organized Activities – any activity which is pre-planned and involves a group of 25 people or more. Set fine in the amount of $100; • Consolidating the Memorial Forest, Mental Health area and future COVID-19 memorial into one zone – the Memorial Zone; • Updated definition of Nuisance in line with comparator municipalities’ by-laws; • Updated sports and games section, to allow for non-dangerous activity (no golf, baseball, etc.); • Added restriction to prohibit use of snowmobiles or all-terrain vehicles on-site. Set fine in the amount of $200. The set fine for bringing a vehicle on-site is currently set at $100. The increased set fine is being proposed for the use of snowmobiles or all- terrain vehicles, as these recreational vehicles have the potential to cause greater damage to Site infrastructure such as monitoring well and landfill cap; • Additional guidelines for organizers who enter into a Permission to Enter Agreement with the Region (including proof of insurance) to provide 10 days’ notice prior to use; • Added additional wording that prohibits dwelling or squatting on sites; • Parking has been limited to a maximum of two (2) hours at Repurposed Sites. The previous By-law limited the use of Parking Zones to accessing the particular Site; however, enforcement was challenging due to the lack of time limit restrictions. • Included trapping to prohibited activities. Updated set fine for hunt, trap or interfere with any animal, fish, bird or nest to $500 from previous $100 set fine. The increased set fine is being proposed to further discourage fishing and hunting at Sites as this has been identified a issue by staff; • Updated Set Fine for bringing in or discharging fireworks or weapon to $300 from $100. The increased set fine is being proposed due to the severity of this by-law contravention; Page 533 of 817 PW 19-2022 May 10, 2022 Page 5 • Updated Set Fine for vandalism to $300 from $100. The increased set fine is being proposed due to the severity of this by-law contravention; • Updated maps provided in Appendix 5, zones and symbolism to correspond with signage on-site; and • Minor clarifications and clerical corrections to the existing by-law wording and definitions have been made to improve public understanding and administration. Alternatives Reviewed Alternatives considered included no changes to the W aste Management and Closed Landfill and Repurposed Sites By-laws. However, the updates to the Waste Management By-law will allow for the improved ability to issue fines for illegal dumping contraventions, which has been identified as a key issue by Committee members and staff. Additionally, not updating the Closed Landfill and Repurposed Sites would result in limited ability to enforce issues that were not previously considered in the original by-law such as the use of the site for organized activities. Relationship to Council Strategic Priorities The amendments to the Waste Management and Closed Landfill and Repurposed Sites By-laws will support Council’s Strategic Priority of Sustainable and Engaging Government, specifically the promotion of high quality, efficient and co-ordinated core services. Other Pertinent Reports PW 34 -2020 Solid Waste Management By-Law Update Page 534 of 817 PW 19-2022 May 10, 2022 Page 6 ________________________________ Prepared by: Kate Ashbridge Supervisor Waste Management _______________________________ Recommended by: Bruce Zvaniga, P.Eng. Commissioner of Public Works (Interim) Public Works Department ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Caitlin Reid, Legal Counsel and reviewed by Sherri Tait Manager Waste Collection & Diversion and Emil Prpic, Associate Director Waste Disposal Operations and Engineering, and Catherine Habermebl, Director, Waste Management Services. Appendices Appendix 1 Waste Management By-law Appendix 2 Short Form Offences and Set Fines Schedule for the Waste Management By-law Appendix 3 Closed Landfills and Repurposed Sites By-law Appendix 4 Short Form Offences and Set Fines Schedule for the Closed Landfills and Repurposed Sites By-law Appendix 5 Closed Landfills and Repurposed Site Maps Page 535 of 817 PW 19-2022 Appendix 1 Page 536 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 1 of 70 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. 2022-XX A BY-LAW TO REGULATE THE USE OF THE WASTE MANAGEMENT SYSTEM FOR THE REGIONAL MUNICIPALITY OF NIAGARA WHEREAS on April 11, 1996, Regional Council adopted By-laws 8280-96, 8281-96 and 8282-96 to assume from the twelve area municipalities all waste management powers conferred by any Act upon the area municipalities; and WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, provides that an upper tier municipality may pass By-laws respecting waste management subject to the requirements set out in the Act; and WHEREAS Section 227 of the Municipal Act, 2001, provides that it is the role of the officers and employees of the municipality to carry out duties required under this or any other Act and other duties as assigned by the municipality; and WHEREAS Section 425 of the Municipal Act, 2001 provides that a municipality may pass by-laws providing that a person who contravenes a by-law of the municipality passed under this Act is guilty of an offence; and WHEREAS Section 446(1) of the Municipal Act, 2001 provides that if a municipality has the authority this, or any other Act, or under a by-law under this Act, or any other Act, to direct or require a person to do a matter of thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person’s expense; and WHEREAS Section 446(3) of the Municipal Act, 2001 provides that the municipality may recover the costs of doing a matter or thing under subsection 446(1) from the person directed or required to do it, by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes; and Page 537 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 2 of 70 WHEREAS By-law No. 2017-56 was passed by Regional Council on May 15, 2017, and this by-law has been in place to regulate the use of the waste management system for The Regional Municipality of Niagara; and WHEREAS By-law No. 2020-62, was passed by Regional Council on September 17, 2020, being a by-law to amend By-law No. 2017-56; and By-law No. 2021-06, was passed by Regional Council on January 21, 2021, being a by-law to amend By-law No. 2017-56; and WHEREAS legislative updates have occurred, along with a desire to repeal and replace By-law No. 2017-56 with this By-law; NOW THEREFORE THE COUNCIL OF THE REGIONAL MUNICIPALITY OF NIAGARA ENACTS AS FOLLOWS: PART I - DEFINITIONS 1. The following terms are defined for purposes of this By-law: 1.1 “Agencies, Boards and Commissions” means a self-governing organization that delivers services for the Region, including Niagara Regional Housing, Niagara Regional Police Service and Niagara Peninsula Conservation Authority; 1.2 "Amnesty Week" means the two (2) weeks that follow Christmas Day where, in addition to the regular Garbage limit, selected Premises can place additional Garbage to the curb for collection without a Garbage Tag on the regular Garbage collection day(s); 1.3 "Area Municipality" means any one of the municipalities or corporations of the Town of Fort Erie, Town of Grimsby, Town of Lincoln, City of Niagara Falls, Town of Niagara-on-the-Lake, Town of Pelham, City of Port Colborne, City of St. Catharines, City of Thorold, Township of Wainfleet, City of Welland, or Township of West Lincoln; Page 538 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 3 of 70 1.4 "As Designated" means as designated by the Region from time to time by the Commissioner of Public Works or his/her designate. It is anticipated that the Region's recycling and other programs and related requirements will continue to evolve as new methods and Materials emerge. These changes will be implemented on an "As Designated" basis; 1.5 "Blue Box" means a container available from the Region or approved alternative as set out in Section 8 of this By-law or As Designated, used to set out Blue Box Material for collection; 1.6 "Blue Box Material" means recyclable Material that is collected under the Blue Box Program. The Material includes: (a) empty glass bottles, jars and lids/caps (lids/caps must be removed), including all glass containers which previously contained a food or beverage product; (b) empty metal food and beverage cans, including all hard shell steel or aluminum containers which previously contained a food or beverage product; (c) empty metal paint cans and lids (lids must be removed and a thin layer of dry residue are acceptable); (d) clean aluminum foil meaning food wrap, food packaging and kitchenware such as pie plates made from a thin sheet of aluminum; (e) empty plastic containers and packaging which previously contained a food or consumer product, including Polyethylene Terephthalate (PETE #1) bottles and containers; High Density Polyethylene (HDPE #2) tubs and lids, or bottles; Polyvinyl Chloride (PVC #3); Low Density Polyethylene (LDPE #4) plastic tubs and lids; Polypropylene (PP #5) plastic bottles, tubs and lids; Polystyrene (PS #6) containers and rigid foam packaging; and Polycarbonate mixed plastic (PC #7); (f) empty gable-top cartons (e.g. milk and juice cartons) and aseptic packaging (e.g. juice boxes); (g) empty spiral wound containers (e.g. frozen juice or potato chip containers) with metal lids bottoms and paper sides; (h) empty metal aerosol cans (lids and caps must be removed); and (i) other Material As Designated; Page 539 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 4 of 70 1.7 "Brush" means woody Material including twigs, tree limbs or branches; 1.8 "Bulky Goods" means large household items which are Collectable Material that cannot fit into a normal Garbage Container and may be overweight (excluding construction/demolition Material). Some examples include, but are not limited to, the following: (a) Artificial Christmas Trees; (b) Box spring, mattress, and bed frame; (c) Carpet or rugs in compact rolls/bundles not exceeding 1.5 metres (4.5 ft) in length and 0.76 metres (2.5 ft) in diameter and tied; (d) Couches, sofa, chair; (e) Floor lamps; (f) Furniture (for example, tables, cabinets, dressers); (g) Glass Shards packaged in cardboard box labelled "glass"; (h) Large Toys; (i) Pool cover and solar blankets in compact rolls/bundles not exceeding 1.5 metres (4.5 ft) in length and 0.76 metres (2.5 ft) in diameter and tied; (j) Toilets or sinks that are individual and not part of construction and demolition; (k) Other Collectable Material that cannot fit in a Garbage Container; (l) Water softening units; and (m) Other household items, As Designated by the Region; 1.9 “By-law” means this by-law and any schedule(s) and/or appendices to this By-law as they may be amended from time to time; 1.10 "Cart" means a container available from the Region or approved alternative as set out in Section 8, 10 and 11 of this By-law or As Designated, used to Page 540 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 5 of 70 set out Blue Box, Grey Box or Green Bin Material for Types B-F Premises as set out in Schedule “A” to this By-law; 1.11 "Care and Control" means Material shall be deemed to have been within the care and control of a Person at a point in time if the Material included any Material typically associated with or used by that Person and shall include but is not restricted to the following Materials: (a) Mail and other paper products bearing the name, address or other identifying characteristics typically associated with that Person; (b) Material that can on a balance of probabilities be shown to have been purchased by that Person; (c) Material that can on a balance of probabilities be shown to have originated from Premises with respect of which a Person is considered an Owner and during the time the Person was considered an Owner; or (d) Materials that can on a balance of probabilities be shown to have been transported in a motor vehicle owned or under the Care and Control of the Person. 1.12 "Christmas Trees" means naturally grown evergreen trees without tinsel, decorations, ornaments or tree lights; 1.13 “Christmas Trees, Artificial" means trees manufactured from manmade Material; 1.14 "Collectable" means Material which may be collected at Curbside or a collection point approved by the Region pursuant to this By-law; 1.15 "Communal Collection Point" means a collection point approved or as determined by the Region, that is authorized for the use of more than one Premises; 1.16 "Composter" means a container available from the Region or any enclosure with a lid for the purpose of decomposing Leaf and Yard Material and/or Green Bin Material by aerobic decay or bacterial action; Page 541 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 6 of 70 1.17 "Construction, Renovation and Demolition" Material includes but is not limited to windows, drywall, wood, doors, metal, PVC pipe and other building Materials As Designated by the Region; 1.18 "Council" means the elected Council of The Regional Municipality of Niagara; 1.19 "Curbside" means the area directly in front of an Owner's Premises as close as possible to the travelled portion of the road without obstructing or interfering with the travelled portion of the road or any sidewalk. It normally extends 1.2 m (four (4) feet) rearward from the travelled portion of the road; 1.20 "Designated Business Area" means an area designated by the Area Municipality to receive alternate collection services compared to residential or other industrial, commercial and institutional services; 1.21 "Dwelling Unit" means a place of residence designed or intended for habitation by one (1) or more persons with its own culinary and sanitary facilities which are provided for the exclusive use of the person or persons who reside therein. If an Owner disagrees with the number of units contained within the Premises as assessed, it is up to the Owner to provide proof of the actual number of legally existing individual units within the Premises. In the absence of provision of proof to the satisfaction of the Region, the limit for the Premises in question shall be as determined by the Region; 1.22 "Electrical and Electronic Equipment (EEE)" means electrical and electronic equipment that, (a) is designed for use with an electrical current and a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current, (b) weighs no more than 250 kilograms, and (c) is not intended to be used permanently as part of a building or a structure at a pre-defined and dedicated location, as defined in Ontario Regulation 522/20: Electrical and Electronic Equipment under the Resource Recovery and Circulate Economy Act, 2016, S.O. 2016, c.12, Sched. 1, , or any successor legislation, including but not limited to the following: a) Computers; Page 542 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 7 of 70 b) Printers (desktop and floor-standing), including printer cartridges; c) Video gaming devices; d) Telephones, including cellular phones; e) Display devices; f) Radios and stereos, including after-market vehicle stereos; g) Headphones; h) Speakers; i) Cameras, including security cameras; j) Video recorders; k) Drones with audio or visual recording equipment; l) Peripherals and cables used to support the function of information technology, telecommunications and audio visual equipment, including charging equipment; m) Parts of information technology, telecommunications and audio visual equipment sold separately, such as hard drives; n) Handheld point-of-sale terminals or devices; and o) Musical instruments and audio recording equipment. 1.23 "Eligible Property" means a Premises of Types A, B, C, D, E or F as set out in Section 13 and Schedule “A” to this By-law where: (a) container limits set out in Schedule “A” can be abided by in the normal course of waste generation activity; and (b) the Owner(s) of the Premises are in compliance with this By-law; and (c) the only Material set out for collection is Material generated on that Premises; 1.24 “Environmental Protection Act” means the Environmental Protection Act, R.S.O. 1990, Ch. E.19, or any successor legislation; 1.25 "Friendly Reminder" and "Final Friendly Reminder" means a written notice by the Region, in a form similar to that set out in Schedule B to this By-law Page 543 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 8 of 70 or As Designated, which is delivered to an Owner, or left in a visible location, which can be readily seen at the Premises, or in a mailbox, to address Non- Compliance; 1.26 "Garbage" means all non-hazardous, solid, residual waste which, for purposes of collection or drop-off at a Regional Drop-Off Location, does not fall within a recyclable class of Material as set out in Subsection 3.1(a) or elsewhere in this By-law and such other Material As Designated. It does not include Grass Clippings; 1.27 "Garbage Container" means a waterproof opaque bag, receptacle, can, bin, or such other container As Designated, for the storing and setting out of Garbage for collection. It does not include cardboard boxes; 1.28 "Garbage Exemptions" mean exemptions as set out in Section 13 to the approved Garbage Container limits as shown in Schedule “A”; 1.29 "Garbage Tag" means a tag that can be purchased from the Region or authorized vendor and affixed and untampered (i.e. torn in half) to the neck of a waterproof bag or on top of the bag situated on the top in the Garbage Container to allow additional limit of Garbage to be set out for collection. Only Type A Premises as defined in Schedule “A” of this By-law can use a Garbage Tag; 1.30 “Grass Clippings” means vegetation consisting of typically short plants with long, narrow leaves, growing wild or cultivated on lawns and pastures, which are the cut portions of grass, that are left behind or captured in a grass catcher; but does not include weed-type plants, such as “crab grass”, where the whole plant is removed, including its root system; 1.31 "Green Bin Container" means a container such as a Green Bin, Carts or the smaller Kitchen Catcher available from the Region, or other rigid reusable closed or open-top container clearly labelled with handles used for storing and setting out Green Bin/Cart Material; 1.32 "Green Bin Material" means compostable organic Material collected under the Green Bin program As Designated by the Region, including but not Page 544 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 9 of 70 limited to food waste (such as meat, bones, shells, tea bags), pumpkins, tissue paper, paper towels and napkins, paper egg cartons, 100% compostable paper cups and plates, dryer lint, soiled newspaper, cold fireplace ashes, brown paper bags, saw dust, wood shavings, paper takeout trays, kitty litter and Pet Waste. It does not include Grass Clippings or Liquid Material; 1.33 "Grey Box" means a container available from the Region or approved alternative as set out in Section 11 of this By-law or As Designated, used to set out Grey Box Material; 1.34 "Grey Box Material" means recyclable Material that is collected as part of the Grey Box Program. The Grey Box Material(s) include(s): (a) soft-covered books and hard-covered books with the covers removed; (b) boxboard (non-waxed, such as cereal and cracker boxes); (c) cardboard (non-waxed); (d) fine paper and paper envelopes; (e) newspapers and unaddressed ad mail and flyers; (f) plastic bags and stretchy plastic outer-wrap including but not limited to plastic grocery and retail bags, outer-wrap from such things as empty bread bags, empty produce bags, toilet paper and paper towel packaging, empty and clean milk bags dry cleaner bags. Plastic bags and stretchy plastic outer-wrap must be stuffed into one bag and securely tied; (g) shredded paper placed in a securely-tied, transparent plastic bag; (h) telephone books and magazines, including catalogues and all glossy publications; and (i) other Material As Designated; 1.35 “Household Hazardous Waste Drop-Off Depots” means those locations as noted the Region’s website, which may be updated from time to time, but which includes: Page 545 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 10 of 70 (a) Niagara Road 12 Landfill; (b) Humberstone Landfill; (c) Thorold Yard Household Hazardous Waste Drop-Off Depot, and (d) Bridge Street Drop-Off Depot; 1.36 "Illegal Dumping" means the disposing of Material in Non-Designated Areas, including both Public Property and Regional Property, but does not include Litter; 1.37 "Large Rigid Plastic" means hard plastic items that do not fit into a Blue Box for Curbside Collection such as but not limited to buckets, pails, pots, crates, trays, baskets, totes, toys, pools, furniture, chairs and car seats with no other parts, metal or Material attached. Large plastic items does not include plastic coolers, piping, siding or any plastic that also contain or have attached any wood, metal, insulation, rubber and non-plastic components; 1.38 "Leaf and Yard Material" means leaves, weeds, trimmings, flowers, small twigs less than 1.5 cm in diameter and other Material As Designated, but does not include Grass Clippings, Brush, soil, dirt, roots, rocks, logs, stumps or sod; 1.39 "Leaf and Yard Container" means reusable, rigid containers, paper bags or certified plastic compostable plastic bags As Designated by the Region. It does not include cardboard boxes or non-compostable plastic bags; 1.40 "Litter" means debris, refuse, or Material(s) disposed of in non-designated areas, discarded outside the regular Collection Point, or lying scattered about the area; 1.41 "Liquid Material" means Material which is not solid and which exhibits evidence of free water, or other liquids, whether or not contained; 1.42 "MPAC" means the Municipal Property Assessment Corporation; Page 546 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 11 of 70 1.43 "Material" is the broadest categorization of all that a Person or Owner wishes to dispose or recycle either through public collection or at a Regional Drop-Off Location. Subcategories of Material for collection are Collectable Material, including Recyclables and Non Recyclables, to be prepared according to the class instructions in this By-law, and excluded Non- Collectable Material. Any Material may also be Non-Compliant because of its content or preparation. Subcategories of Material for drop-off at Regional Drop-Off Locations are Acceptable Material, to be prepared according to the category instructions in this By-law, and excluded Unacceptable Material; 1.44 "Multi-Purpose Property" means a single property as defined by MPAC and/or contained in applicable Site Plan Conditions, housing multiple Premises types; 1.45 “Niagara region” and “Niagara” means the geographic area within The Regional Municipality of Niagara; 1.46 "Non-Collectable Material" means Material forbidden, prohibited and not acceptable for Curbside collection pursuant to this By-law including: (a) hazardous waste which is corrosive, flammable, toxic, explosive or biomedical, or as defined in Ontario Regulation 347: General – Waste Management, R.R.O. 1990, under the Environmental Protection Act, R.S.O. 1990, c. E.19, or any successor legislation; (b) prohibited Material, as defined under the Transportation of Dangerous Goods Act, 1992, S.C. 1992, c.34, or any successor legislation; (c) pathological waste, as defined and regulated in Ontario Regulation 347: General – Waste Management, R.R.O. 1990, under the Environmental Protection Act, R.S.O. 1990, c. E.19, or any successor legislation; (d) solid and liquid waste Material or substances which contain or could contain pathogen bacteria or micro-organisms that may be hazardous or dangerous; (e) motor vehicles or automotive parts; Page 547 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 12 of 70 (f) live animals or fowl or carcasses or part of an animal or other creature, save for normal and bona fide Green Bin Material, which has been drained of all liquids; (g) septic or holding tank pumpings or raw sewage; (h) Material of any kind or nature that may be explosive or combustible or may cause fire including hot coals, ashes, oil-soaked or gasoline soaked rags, papers, cloths or similar Material; (i) gaseous, semi-liquid or liquid waste including liquid industrial waste as defined in Ontario Regulation 347: General – Waste Management, R.R.O. 1990, under the Environmental Protection Act, R.S.O. 1990, c. E.19, or any successor legislation; (j) sealed metal drums or barrels; (k) other Material as prohibited in any relevant Environmental Compliance Approval issued by the Ministry of the Environment, Conservation and Parks under the relevant legislation; (l) Sharps; (m) Construction, Renovation or Demolition Material, including windows; (n) Grass Clippings; (o) Electrical and Electronic Equipment (EEE), as defined in Ontario Regulation 522/20: Electrical and Electronic Equipment, under the Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c.12, or any successor legislation; (p) batteries (all types), as defined in Ontario Regulation 30/20: Batteries, under the Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c.12, Sched. 1, or any successor legislation; (q) White Goods; and (r) other Material As Designated; 1.47 "Non-Compliant" and “Non-Compliance” means Material not prepared for collection or Regional Drop-Off Location deposit in accordance with the requirements set out in this By-law; 1.48 “Non-Designated Area” means an area which has not been designated for a particular purpose; Page 548 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 13 of 70 1.49 “Nuisance” includes, but is not limited to, the following: (a) Disorderly conduct; (b) Public drunkenness or public intoxication; (c) The unlawful sale, furnishing, or distribution of alcoholic beverages or controlled substances; (d) The deposit of refuse on the Site; (e) Damage to, or destruction of, public or private property on the Site; (f) Traffic that obstructs the free flow of Persons and Motor Vehicles, or could interfere with the ability to provide emergency services; (g) Unreasonable noise, including loud music or shouting; (h) Unlawful open burning or fireworks; (i) Public disturbances, including public brawls or fights; (j) Outdoor public urination or defecation; and/or (k) Use of or entry upon a roof not intended for such occupancy. 1.50 "Owner" includes but is not limited to: (a) a Person who is the registered owner and or the beneficial owner of Premises which is subject to this By-Law; (b) the Person for the time being managing or receiving the rent from Premises, which is subject to this By-Law, whether on the Person's own account or as agent or trustee of any other Person or who would receive the rent if the Eligible Property was let; and (c) a Person who is a lessee or occupant or tenant of the Premises who in their capacity as lessee or occupant manages or is in charge or control Premises, which is subject to this By-Law; There may be more than one Owner within the forgoing definition with respect to a particular Premises; 1.51 "Person" includes a partnership, an unincorporated association, a corporation, a cooperative society or a cooperative organization, the successors of a partnership, of an association, of a corporation, of a society Page 549 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 14 of 70 or of an organization and the heirs, executors, liquidators of the succession, administrators or other legal representatives of a Person; 1.52 "Pet Waste" means animal excrement/droppings generated by small household pets including cats, dogs, small rodents or other similar indoor pets kept for companionship and enjoyment, kept in kennels and/or breeders, and including kitty litter, wood shavings and other natural pet bedding, newspaper cage liners, feathers, and fur, whether separate or intermingled with such excrement/droppings, but does not include animal excrement generated by horses, cows, chickens or other similar farm, wild, working, undomesticated or commercial livestock animals; 1.53 "Premises" means land and buildings combined in the geographic area of Niagara region or a part of such land and buildings combined in the case of land and buildings which contain multiple self-contained units with respect to which a Person is considered an Owner. Premises shall be categorized by type in accordance with the definitions contained in Schedule “A”; 1.54 “Private Property” means any land or building that is registered to a Person on title in the Land Registry Office or Land Titles Division, as the case may be, that is not owned by an Area Municipality in the Region, a Conservation Authority, a Local Board, the Region, or the Crown in Right of Ontario, the Crown in Right of Canada or any emanations thereof, unless it is leased to a person or corporation not listed above; 1.55 “Public Property” means any land or building that is owned by an Area Municipality a Agencies, Board and Commission, the Region, or the Crown in Right of Ontario, the Crown in Right of Canada or any emanations thereof; 1.56 “Public Space Litter/Recycling Bin” means a container that is placed in a public area for use by general public for the purpose of holding litter that has been thrown away by public space users. The bins are not intended for Materials that have been privately generated by a business or residence or Non-Collectable Material; Page 550 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 15 of 70 1.57 "Region" or "the Region" means The Regional Municipality of Niagara or an authorized representative of The Regional Municipality of Niagara, including a Regional Drop-Off Location site attendant, a contractor or its employee, or a by-law enforcement officer, as appropriate in the context; 1.58 "Regional Drop-Off Location" means a temporary or permanent location set up by the Region for drop-off of Material including but not limited to waste, recyclables, compost, or household hazardous waste; 1.59 “Regional Property” means all property, including lands and buildings, owned, leased, rented, controlled and/or managed by the Region, within the geographic area that is Niagara; 1.60 "Registered Charities" are charitable organizations, public foundations, or private foundations that are created and resident in Canada and have been issued a charitable registration number by the Canada Revenue Agency (CRA). They must use their resources for charitable activities and have charitable purposes in one or more of the following: the relief of poverty, the advancement of education, the advancement of religion, or other purposes that benefit the community. To receive exemption under Section 13.8 of this By-law, the Registered Charities must be the direct generators of Blue Box Material, Grey Box Material, Green Bin Material or Garbage; 1.61 "Scavenge" means the unauthorized removal of Materials that have either been placed out for collection, or in the location where the container (containerized waste/carts) is stored and filled before being moved to the collection location; 1.62 "Set Out Service" means the provision of onsite service, as approved by the Region, for Owners living in Type A Premises as listed in Schedule “A” to this By-law and who are unable to physically carry their Garbage, Blue/Grey Box Materials and Green Bin Material to the curb for Curbside collection. Set Out Service only includes Garbage, Blue/Grey Box and Green Bin Material. Set Out Service does not include Leaf and Yard Material, Bulky Goods, Brush, or any other excluded items, As Designated by the Region; Page 551 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 16 of 70 1.63 "Sharps" means blades, needles, syringes, including safety engineered needles, laboratory glass, or other Materials capable of causing punctures or cuts; 1.64 "Site Plan Conditions" means comments and conditions provided by the Region during the site plan, subdivision plan or condominium application process pursuant to the Region's Policy C-A-002 "Requirements for Waste Collection"; 1.65 “Unacceptable Material” means material which is not accepted at a Regional Drop-Off Location. Unacceptable Material includes: (a) Any dangerous and hazardous Material such as poisons, hot live ashes, caustics, acids, pesticides, herbicides, radioactive Material, industrial process sludge, biomedical waste, or substances which may cause personal or environmental problems with the exception of the Household Hazardous Waste categories as set out in Section 26; (b) Ammunition; (c) Reactive chemical waste; (d) Liquid waste with the exception of certain Household Hazardous Waste categories as set out in Section 26; (e) Pathological waste with the exception of Sharps, which are collectable at Household Hazardous Waste Drop-Off Depots only; (f) Sludge from septic tanks or seepage; (g) Highly flammable, volatile, explosive, reactive or radioactive Materials with the exception of certain Household Hazardous Waste categories as set out in Section 26; (h) Leachate toxic waste; (i) PCB waste; (j) Carcasses of dogs, cats, fowl and other such creatures, or parts thereof; (k) Live animals or birds; (l) Human excrement; Page 552 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 17 of 70 (m) Steel and plastic barrels, unless the lid is removed and the barrel is empty and dry; (n) Automotive parts, not including automobile tires or small automotive parts; (o) Waste with excess liquid accumulated in the load or Material that fails a slump test; (p) Asbestos not prepared as set out in Section 28; (q) Organic material which has decomposed under anaerobic conditions; and (r) Other Material As Designated. 1.66 "Waste Disposal Site" means (a) any land upon, into, in or through which, or building or structure in which, waste is deposited, disposed of, handled, stored, transferred, treated or processed, and (b) any operation carried out or machinery or equipment used in connection with the depositing, disposal, handling, storage, transfer, treatment or processing referred to in clause (a), as defined in the Environmental Protection Act, R.S.O. 1990, Ch. E.19, or any successor legislation; 1.67 "White Goods" means major household appliances or items such as stoves, washers, dryers, dishwashers, dehumidifiers, water tanks, barbeques, swing sets, bicycles, air-conditioning units, heat-pumps, microwaves, refrigeration units or freezer units and other Material As Designated. PART II - COLLECTION SERVICES 2. General Collection Provision 2.1 The Region provides collection of all Collectable Material from Eligible Properties in the Region according to the terms of this By-law and subject to other terms As Designated. 2.2 The Region also provides enhanced services as requested, approved and funded by local municipalities. Page 553 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 18 of 70 2.3 No Owner shall be eligible for collection unless the Owner complies with this By-law and other terms As Designated. 2.4 The Region may retain a contractor or contractors to fulfill the Region's responsibilities under this By-Law. 2.5 If, due to breakdown of equipment, strike, inclement weather, or any other cause, waste collection is not provided to an Eligible Property, the Region shall not be liable to any Person for any damages, costs, loss or expenses of any kind due to the failure of such waste collection to take place. 3. Classes of Collectable Material 3.1 The Classes of Collectable Material are: (a) Recyclable Material: i. Blue Box Material; ii. Brush; iii. Christmas Trees; iv. Green Bin Material; v. Grey Box Material; vi. Leaf and Yard Material; and vii. Other recyclable Material As Designated. (b) Non-Recyclable Material: i. Bulky Goods; ii. Garbage; and iii. Other non-recyclable Material As Designated. 3.2 All other Material is Non-Collectable Material and is not to be placed out for collection. Page 554 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 19 of 70 4. Separate According to Class and Class Provisions 4.1 If collection service is available to an Eligible Property for any of the above Classes, then the Material which an Owner sets out for collection must be separated according to Class. 4.2 Every Owner shall prepare Collectable Material according to the provisions in Sections 5 through 13 of this By-law relevant to each Class of Material. 5. Brush 5.1 Brush shall be set out for collection in accordance with the schedule of collection days As Designated and (a) shall be packaged in bundles where each individual piece of Material shall not exceed 7 cm (2.8 inches) in diameter and where each bundle shall not exceed: i. a size of 1.5 m (5 feet) in length by 0.5 m (1.6 feet) in diameter; and ii. a weight of 22.7 kg (50 pounds); and (b) if collected on the same day as other Material, shall be clearly separated from any other class of Material set out for collection. 5.2 Brush is only collectable from a Type A Premises as defined in Schedule “A” to this By-law. Further information on the collection of Brush is available from sources noted in Section 53 of this By-law. 6. Bulky Goods 6.1 Bulky Goods are only collectable from a Type A Premises as defined in Schedule “A” to this By-law. Further information on the collection of Bulky Goods is available from the sources noted in Section 53 of this By-law. 6.2 Bulky Goods set out for Curbside collection: Page 555 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 20 of 70 (a) shall be in a contained state neatly placed at the Curbside; and (b) shall not be stacked; and (c) shall not have Material stacked or loose set on top of Bulky Goods; and (d) shall be dismantled if possible; and (e) shall not include Construction, Renovation and Demolition Material; and (f) must be of a weight and dimension to be able to fit into the collection vehicle in a safe and efficient manner, As Designated by the Region; and (g) limit of four (4) items per collection per Eligible Property. 6.3 The Owner must arrange in advance with the Region's collection contractor for the scheduled collection of Bulky Goods As Designated. Information on how to schedule collection is available from the sources noted in Section 53 of this By-law. 6.4 Contaminated items (e.g. mattresses with bed bugs), as determined by the Region, must be wrapped in plastic to be eligible for pick up. 6.5 Artificial Christmas Trees shall be set out for scheduled collection as Bulky Goods. 6.6 Collectable Material which can fit within a regular Garbage Container should not be disposed of as Bulky Goods, but as Garbage. 6.7 Glass shards resulting from broken mirrors, dishes, picture frames or other household glass, not including windows, are collectable as Bulky Goods if: (a) placed in a separate, sturdy, walled container to be collected with its glass shard contents, and secured so as to remain closed and to protect the safety of collection personnel; (b) labelled appropriately (i.e. "Broken Glass"); and Page 556 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 21 of 70 (c) large glass pieces (greater than 1.5ft by 1.5ft) must be removed from any bulky item, packaged or wrapped separately in a cardboard, bubble wrap or another approved packaging Material, and appropriately labelled (i.e. " Glass") to protect the safety of collection personnel. 7. Christmas Trees 7.1 Christmas Trees shall be set out for Curbside collection without wrapping, bagging, tinsel, lights or any other decorations, in accordance with the schedule of collection days and times As Designated. Further information on the collection of Christmas Trees is available from the sources noted in Section 53 of this By-law. 7.2 Christmas Trees are only collectable from Type A Premises, as defined in Schedule “A” to this By-law. 7.3 No Owner shall set out a Christmas Tree unless it, or segments cut from it, are less than 3 metres (10 feet) in length and free of all accessories, decorations and plastic wrap. No Artificial Christmas Trees, wrapped or bagged trees, will be collected for this purpose. Refer to Section 6, Bulky Goods, for the collection of Artificial Christmas Trees. 8. Blue Box Material 8.1 Blue Box Material shall be set out for collection according to the following requirements: (a) Blue Box Material must be packaged as follows: i. in designated recyclable containers (Blue Box) available from the Region; or ii. in a Cart only for Type B-F Premises as set out in Schedule “A” to this By-law for; or Page 557 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 22 of 70 iii. in clearly marked, reusable, solid-walled, rigid containers with handles or indentations on two (2) sides to facilitate the lifting and emptying of the said receptacle; or iv. in transparent plastic bags; or v. in a sturdy non-waxed cardboard box (box will be recycled); and (b) Blue Box containers shall meet the following requirements: i. height not exceeding a size of up to 91 cm (3 feet) measured internally from the bottom of the receptacle to the top lip of the opening; and no width exceeding a size of up to 61cm (2 feet) measured internally from side to side, not corner to corner, or as determined by the Region; and ii. not exceeding a weight (of container and Material together) of 22.7 kg (50 pounds); and iii. Carts for Type B-F Premises are exempt from 8.1 (b) (i) and (b) (ii); and iv. be of sufficient quality to withstand normal collection activities and use; and v. for Blue Box containers with lids, the lid must be readily separable from the container. Any devices used to tie down or secure any lids must be removed by the Owner prior to collection; and (c) contents shall not exceed the limits of the top of the Blue Box container; and (d) must be clearly separated from any other class of Material set out for collection on the same Premises. 8.2 Blue Box Material that is loose or not packaged as outlined above may not be collected. Page 558 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 23 of 70 8.3 Further information on the collection of Blue Box Materials is available from the sources noted in Section 53 of this By-law. 9. Leaf and Yard Material 9.1 Leaf and Yard Material shall be set out for Curbside collection: (a) packaged in rigid, reusable containers or compostable paper bags or certified compostable plastic bags As Designated: i. height not exceeding a size of up to 91 cm (3 feet) measured internally from the bottom of the receptacle to the top lip of the opening; and no width exceeding a size of up to 61cm (2 feet) measured internally from side to side, not corner to corner, or as determined by the Region; and not exceeding a total weight (of container and Leaf and Yard Material together) of 22.7 kg (50 pounds.); and ii. for Leaf and Yard Containers with lids, the lid must be readily separable from the container. Any devices used to tie down or secure any lids must be removed by the Owner prior to collection; and iii. be of sufficient quality to withstand normal collection activities and use; and iv. be clearly identifiable as Leaf and Yard Material from the collection vehicle with the use of labels, or an open-top container; and (b) in such a way as to clearly separate it from any other class of Collectable Material set out for collection on the same Premises. 9.2 Non-compostable plastic bags (without a 'Biodegradable Products Institute' (BPI) logo or '100% Compostable' logo) or cardboard boxes are not permitted. 9.3 Leaf and Yard Material is only Collectable from Type A Premises as defined in Schedule “A” to this By-law. Page 559 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 24 of 70 9.4 Further information on the collection of Leaf and Yard Material is available from the sources noted in Section 53 of this By-law. 10. Green Bin Material 10.1 Green Bin Material shall be set out for Curbside collection packaged: (a) in a Green Bin Container available from the Region or other suitable containers in accordance with section 10.1 (c) packaged in: i. Compostable plastic bags with BPI logo or 100% Compostable logo; ii. Paper bags; iii. Wrapped in newspaper; and/or iv. Placed directly into the Green Bin container in a loose fashion. (b) in a Cart only for Type B-F Premises as set out in Schedule “A” to this By-law for; or (c) in other containers labelled "Organics": i. height not exceeding a size of up to 91 cm (3 feet) measured internally from the bottom of the receptacle to the top lip of the opening; and no width exceeding a size of up to 61 cm (2 feet) measured internally from side to side, not corner to corner, or as determined by the Region; and ii. not exceeding a total weight (of container and Green Bin Material together) of 22.7 kg (50 pounds); and iii. which are equipped with handles; and iv. be of sufficient quality to withstand normal collection activities and use; and v. Carts are exempt from section 10.1 (c) i-iii; and Page 560 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 25 of 70 (d) in such a way as to clearly separate it from any other class of Collectable Material set out for collection on the same Premises. 10.2 Small amounts of Leaf and Yard Material including weeds, garden Material, trimmings, and twigs smaller than 1.5 cm (0.5 inches) in diameter and no longer than 30.5 cm (12 inches), excluding Grass Clippings, are permitted as Green Bin Material. 10.3 Pet Waste and kitty litter shall be either bagged using small certified compostable plastic bags As Designated, paper bags or completely wrapped in newspaper before being placed in the Green Bin/Cart or other labelled container as above. 10.4 Green Bin Material that has a tendency to turn into liquid, as determined by the Region, shall be packaged and not be loose so the liquid does not leak or spill during collection. Liquid Material or Material that exhibits evidence of free water, or other liquids, whether or not contained is not permitted in the Green Bin/Cart. The collection service is designed for solid Material. 10.5 Further information on the collection of Green Bin Material is available from sources noted in Section 53 of this By-law. 11. Grey Box Material 11.1 Grey Box Material shall be set out for collection according to the following requirements: (a) Grey Box Material must be packaged as follows: i. in designated recycling containers (Grey Box) available from the Region; or ii. in clearly marked, reusable, solid-walled, rigid containers with handles or indentations on two (2) sides to facilitate the lifting and emptying of the said receptacle; or iii. in a Cart only for Type B-F Premises as set out in Schedule “A” to this By-law; or Page 561 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 26 of 70 iv. in transparent plastic bags; or v. in a sturdy non-wax cardboard box (box will be recycled); or vi. in case of cardboard, must bundle together in bundles not exceeding a size of 91 cm (3 feet) in width by 91 cm (3 feet) in length by 91 cm (3 feet) in depth and not exceeding a weight of 22.7 kg (50 pounds); or vii. in the case of flattened cardboard placed inside another cardboard box, which cardboard box must not exceed a size of 91 cm (3 feet) in width by 91 cm (3 feet) in length by 91 cm (3 feet) in depth and not exceeding a weight of 22.7 kg (50 pounds); Loose cardboard must be flattened and tied using twine, packing tape or an approved alternative, in bundles no larger than 91 cm (3 feet) x 91 cm (3 feet) x 91 cm (3 feet), and not exceeding a weight of 22.7 kg (50 pounds); or viii. in the case of plastic bags and stretchy plastic outer-wrap, by placing all loose plastic bags or plastic film in one securely tied Plastic Bag (not loose in the Grey Box); and (b) Grey Box containers must meet the following requirements: i. height not exceeding a size of up to 91 cm (3 feet) measured internally from the bottom of the receptacle to the top lip of the opening; and no width exceeding a size of up to 61cm (2 feet) measured internally from side to side, not corner to corner, or as determined by the Region; and ii. not exceed a weight (of container and Material together) of 22.7 kg (50 pounds); and iii. Carts for Type B-F Premises are exempt from section 11.1 (b) i-ii; iv. be of sufficient quality to withstand normal collection activities and use; and v. for Grey Box containers with lids, the lid must be readily separable from the container. Any devices used to tie down or Page 562 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 27 of 70 secure any lids must be removed by the resident prior to collection; and (c) contents placed within a Grey Box container shall not exceed 91 cm (3 feet) x 91 cm (3 feet) x 91 cm (3 feet); and (d) clearly separated from any other class of Collectable Material on the same Premises. 11.2 Grey Box Material that is loose or not packaged as outlined above may not be collected. 11.3 Further information on the collection of Grey Box Material is available from sources noted in Section 53 of this By-law. 12. Garbage 12.1 Material not included in the other Classes of Collectable Material of this Bylaw shall be set out for collection as Garbage, and (a) packaged in a Garbage Container: i. height not exceeding a size of up to 91 cm (3 feet) measured internally from the bottom of the receptacle to the top lip of the opening; and no width exceeding a size of up to 61cm (2 feet) measured internally from side to side, not corner to corner, or as determined by the Region; and ii. not exceeding a weight (of container and waste) of 22.7 kg (50 pounds); and iii. receptacle, can, bin or other container As Designated must be equipped with handles on two (2) sides; and iv. be of sufficient quality to withstand normal collection activities and use; and (b) such that the contents shall not exceed the limits of the top of the Garbage Container; and (c) in such a way as to clearly separate it from any other classes of Collectable Material on the same Premises; and Page 563 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 28 of 70 (d) if required by this By-law, with the relevant Garbage Tag affixed, refer to Section 13.1 (a); and (e) containing no other Classes of Collectable Material including but not limited to Leaf and Yard Material, Green Bin Material, Blue Box Material and Grey Box Material and Non-Collectable Material. 12.2 For Garbage Containers with lids, the lid must be readily separable from the container. Any devices used to tie down or secure any lids must be removed by the Owner prior to collection. 12.3 Garbage that is Non-Compliant, or which contains other classes of Collectable Material and/or Non-Collectable Material, may not be collected. 12.4 The Region reserves the right to implement additional safeguards for “sensitive” Materials, which shall include, but not be limited to, items such as medical waste, health-related waste, and personal protective equipment. 13. Collection Limits and Procedure for Garbage Exemptions 13.1 The maximum number of Garbage Containers set out every-other-week for Type A, B, E, F Premises and every week for Type C and D Premises shall be as set out in Schedule “A” to this By-law as follows: (a) An Owner of a Type A self-contained unit may set out additional Garbage Containers provided that each extra Garbage Container has the appropriate Garbage Tag affixed, which Garbage Tag has been purchased from the Region or its authorized vendor; and (b) the Garbage Tag shall be affixed: i. untampered to a Garbage Container (i.e. torn in half) to the neck of a waterproof bag or on top of the Materials placed in a Garbage Container to allow additional limit of Garbage to be set out for collection. Only Type A Premises as defined in Schedule “A” of this By-law are eligible to use a Garbage Tag; Page 564 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 29 of 70 Any tampered Garbage Tags will not be accepted and Material will not be collected; and ii. in a clearly visible location readily seen upon removal of the container's lid for a non-disposable Garbage Container such as a Garbage can, bin or receptacle. The Garbage Tag shall not be placed directly on the can, bin, handle or receptacle. iii. Information on Garbage Tags is available from the sources noted in Section 53 of this By-law. (c) an Owner of Premises may be allowed a Garbage Exemption if they do not also have private Garbage collection services, and subject to application and approval by the Region for the following reasons: i. A medical condition that results in the generation of additional Garbage for Type A Premises and group homes, homes for adults with disabilities and homes for assisted living; ii. Type A Premises with one child under the age of four in diapers can apply for collection of one (1) transparent plastic bag of diapers combined with no other collectable material, to be collected on the week alternate to their regularly scheduled Garbage collection day. These properties are restricted to two Garbage Containers and no additional bag of diapers on their regularly scheduled Garbage collection day. iii. Type A Premises with two children under the age of four in diapers can apply for weekly collection of one (1) transparent plastic bag of diapers combined with no other Collectable Material; iv. Type A Premises with three or more children under the age of four in diapers can apply for weekly collection of two (2) transparent plastic bag of diapers combined with no other Collectable Material; v. Type A Premises operating as an in-home child care provider can apply for weekly collection of two (2) additional Page 565 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 30 of 70 transparent plastic bag of diapers combined with no other Collectable Material; (d) an Owner of a Type A Premises may set out two (2) additional Garbage Containers during Amnesty Week; (e) an Owner of Type B Premises may set out for collection a maximum of two (2) containers per unit up to a maximum of twenty- four (24) containers every-other-week per Premises; (f) an Owner of Type B Premises may set out a maximum of two (2) additional Garbage Container per unit up to a maximum of twenty four (24) additional Garbage Containers per Premises during Amnesty Week; (g) an Owner of Type C-D Premises may set out for collection a maximum of four (4) Garbage Containers weekly; (h) an Owner of Type D Premises may set out four (4) additional Garbage Containers during Amnesty Week; (i) an Owner of Type E and F Premises may set out for collection a maximum of eight (8) Garbage Containers every-other-week; (j) an Owner of Type F Premises may set out eight (8) additional Garbage Containers during Amnesty Week; 13.2 The number of Blue Box, Grey Box or Carts which may be collected from different types of Premises shall be as set out in Schedule “A” to this By- law, that is: (a) for Type A Premises, an Owner may set out for collection unlimited Blue and Grey Boxes; (b) for Type B Premises, an Owner may set out for collection unlimited Carts with a guideline of one (1) Cart for every twenty (20) units for Page 566 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 31 of 70 Blue Box Material and one (1) Cart for every eleven (11) units for Grey Box Material; (c) for Type C, D and F Premises, an Owner may set out for collection unlimited Blue and Grey Boxes or Carts, but will be subject to review by the Region to ensure that efficient and cost effective services are maintained; (d) for Type E Premises, an Owner may set out for collection up to a combined total of eight (8) Blue and Grey Carts or the equivalent number of units as determined solely by the Region. Type E Premises that consistently exceed the eight (8) Cart equivalent limit with Boxes, bundles or bags, as solely determined by the Region, will be encouraged to use Carts. If the Owner of a Premises fails to switch to Cart collection, despite the Region's attempts to encourage the switch, the Region may, at their discretion, and upon written notice to the Owner, cease collection from the Premises until such time as the property switches to adequate Cart collection, to the satisfaction of the Region. 13.3 The number of Green Bin Containers or Carts which may be collected from different types of Premises shall be as set out in Schedule “A” to this By- law, that is: (a) for Type A Premises, an Owner may set out for collection unlimited Green Bins; (b) for Type B Premises, an Owner may set out for collection Green Bins or Green Carts on a request only basis in the quantity determined by the Region; (c) for Type C, D and F Premises, an Owner may set out for collection unlimited Green Bins or Carts, but will be subject to review by the Region to ensure that efficient and cost effective services are maintained; Page 567 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 32 of 70 (d) for Type E Premises, an Owner may set out for collection up to eight (8) Green Carts or the equivalent number of Green Bins as determined solely by the Region. Type E Premises that consistently exceed the eight (8) Cart equivalent limit with Green Bins, as solely determined by the Region, will be encouraged to use Carts. If the Owner of a Premises fails to switch to Cart collection, despite the Region's attempts to encourage the switch, the Region may, at their discretion, and upon written notice to the Owner, cease collection from the Premises until such time as the property switches to adequate Cart collection, to the satisfaction of the Region. 13.4 In all cases, the Material collected during collection must be Material generated at the self-contained unit for Type A Premises or on the Premises for Type B-F Premises. 13.5 Type A Premises that use private Garbage collection services or are not able to stay within the Garbage limit, as determined by the Region, are subject to review by the Region and may not be eligible for Garbage and/or Bulky collection services as Designated. This applies to both base and enhanced service, where applicable. 13.6 To be eligible for Garbage collection services, Type B-F Premises must utilize the Region's recycling and organics collection services. This applies to both base and enhanced service, where applicable. 13.7 Any Type C or E Premises, as shown in Schedule “A” with a building greater than three (3) storeys, as determined by the Region, excluding municipal or Region owned buildings are not eligible for any collection services. 13.8 Any Type B-F Premises, as shown in Schedule “A”, that retain private service for Blue or Grey Box Material collection will not be eligible for Regional collection services. An exemption to this clause applies for regional and municipal facilities, Regional Agencies, Boards and Commissions, as well as Registered Charities and schools, subject to application and approval by the Region. Page 568 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 33 of 70 13.9 Collection limits for types of Premises are determined by the Region in accordance with Schedule “A” using the property classifications designated by MPAC and/or contained in applicable Site Plan Conditions. In the event of discrepancy, the Region's designation of the Premises type will prevail. If an Owner disagrees with the number of units contained within the Premises as assessed, it is up to the Owner to provide proof of the actual number of legally existing individual units within the Premises. In the absence of provision of proof to the satisfaction of Niagara Region, the limit for the Premises in question shall be as determined by the Region. In the event of a Multi-Purpose Property, each individual Premises is subject to their respective eligibility requirements and collection limits. 13.10 On a request basis, residential farms, as determined by the Region using the property classification identified by MPAC, can receive either Type A or Type E collection limits. If a residential farm does not request a farm exemption, the premises will be serviced, as per their property classification identified by MPAC, as set out in Schedule “A” to this By-law. PART III - COLLECTION RESTRICTIONS AND RESPONSIBILITIES 14. Collection Restrictions and Responsibilities 14.1 No Person or Owner shall set out or permit to be set out: (a) Non-Collectable Material; or (b) Non-Compliant Material. 14.2 The Owner of Premises shall set out for collection the Classes of Collectable Material at the locations as shown in Section 15, in the manner, and in accordance with the schedules of collection days As Designated. See Section 53 of this By-law for further sources of schedule and Material preparation information. 14.3 If the Owner of a Premises fails to comply with the responsibilities and requirements as set out in this By-law, the Region may, at the discretion of the Commissioner of Public Works or his/her designate, and upon written Page 569 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 34 of 70 notice, either by ordinary mail (where receipt is deemed to be three (3) days after mailing), registered mail or hand delivered, to the Owner, cease collection from the Premises until such time as the Non-compliance is corrected to the satisfaction of the Region. 14.4 If the Owner of a Premises or a tenant engages in any inappropriate behaviour, riotous, violent, threatening or illegal conduct, or uses profane or abusive language, as determined by the Region, towards Region staff or contractors' staff, the Region may, at the discretion of the Commissioner of Public Works or his/her designate, and upon written notice to the Owner, cease collection from the Premises until such time as the inappropriate behaviour, conduct and/or language is corrected to the satisfaction of the Region. 14.5 The Owner of any Premises receiving collection shall be responsible to ensure that all Persons on the Premises who use or expect to use the Region's collection service receive and follow the instructional information relating to the service provided by the Region. 14.6 The Owner of any Premises receiving collection shall be responsible to ensure that animals such as dogs are secured or tied to ensure safety of collection workers and uninterrupted collection. 14.7 The Owner of a Premises shall not interfere with collection vehicles or personnel. 14.8 The Owner of a Premises shall not deposit any Material into a collection vehicle. 14.9 In the event a change is made to the schedules of collection day As Designated, the Region shall make reasonable efforts to advise all affected persons by publication or service of notice upon the Owner of the affected Premises as provided for in this section. Publication for purposes of this section means notice placed on the Region's website at least fourteen (14) days prior to any As Designated changes to collection schedule or area being implemented. Service of notice by the Region for purposes of this section means notices given to the Owner of affected Premises either Page 570 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 35 of 70 mailed by ordinary mail (where receipt is deemed to be three (3) days after mailing), registered mail, or hand delivered to the address of the Owner according to the last revised assessment roll of the subject property or by posting the notice at the subject property, and such service shall be deemed good and sufficient notice effective upon delivery. Information posters and media releases may be used, in addition to the above publication or service methods. In the event of an emergency situation, as determined by the Region, involving a matter of public health and safety or a legal or regulatory requirement which requires As Designated changes to be implemented faster than on fourteen (14) days' notice, the Region may in its discretion provide less than fourteen (14) days' prior notice but will endeavour to provide as much notice as reasonably practicable. 15. Collection Location 15.1 Except as set out in Section 15.2 the Owner of Premises shall set out Material for collection by placing it at Curbside in front of the Premises in a location to clearly distinguish separation from a neighbouring Premises and as close as possible to the travelled portion of the road without obstructing or interfering with the travelled portion of the road or any sidewalk. 15.2 The Owner of Premises shall set out Material at a collection point or Communal Collection point approved or as determined by the Region. Dwelling Units that place their Material at a Communal Collection point must ensure all collection containers are labelled with the Dwelling Unit address to clearly distinguish separation from neighbouring Dwelling Units. 15.3 No Owner shall place Material out for collection at any Premises except at their own Premises. 15.4 No Owner shall permit Material at any time in the Care and Control of that Owner to be located otherwise than on their Premises or in a Collection location permitted by Section 15 of this By-law. 15.5 No Owner shall place Material out for collection on top or behind snow banks. This will ensure the Material can safely be collected and prevent containers from falling behind the snow bank or onto the roadway before or Page 571 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 36 of 70 after collection. During winter weather, when snow or snow banks may alter the normal set out location, the Owner shall place the Material: (a) at the end of the driveway next to the snow bank; or (b) in a spot cleared out in the side of the snow bank near the travelled portion of the road. 15.6 Material shall not be collected from inside an enclosure, shed or other structures As Designated, unless otherwise approved by the Region. Enclosures must be placed as close as possible to the travelled portion of the road without obstructing or interfering with the travelled portion of the road or any sidewalk, unless otherwise approved by the Region. Collection personnel must be able to access Materials from enclosures by opening the enclosure from the front not the top and must be able to remove Materials from the enclosure without any obstruction. 16. Collection Times and Collection Days 16.1 Collectable Material shall be set out not earlier than 5:00 p.m. on the day before the designated collection day and not later than 7:00 a.m. on the designated collection day. 16.2 The Owner shall remove all containers, together with any Material that was not collected for any reason, from the Curbside as soon as possible after collection, but not later than 7:00 p.m. on the designated collection day. 16.3 Material left Curbside before and after collection times will be the responsibility of the Owner of the Premises. 16.4 For Designated Business Areas with a designated collection time before noon (12:00 p.m.), Collectable Material shall not be set out earlier than 5:00 p.m. on the day before the designated collection time. Page 572 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 37 of 70 16.5 For Designated Business Areas with a designated collection time after noon (12:00 p.m.), Collectable Material shall not be set out earlier than one (1) hour prior to the designated collection time. 16.6 From time to time, the Region may define specific collection times other than those referenced above for As Designated areas. The Owner of a Premises in an As Designated area shall set out Collectable Material for collection at the prescribed times and schedule As Designated which will be published or communicated by the Region for the As Designated areas. Publication for purposes of this Section means notice placed on the Region's website at least fourteen (14) days prior to any As Designated changes to collection schedule or area being implemented. Communication by the Region for purposes of this Section means notices given to Owner of affected Premises either mailed by ordinary mail (where receipt is deemed to be three (3) days after mailing), registered mail or hand delivered to the address of the Owner according to the last revised assessment roll of the subject property or the notice may be posted at the subject property, and such service shall be deemed good and sufficient service, effective upon delivery. Information posters and media releases may be used, in addition to the above publication or communication methods. In the event of an emergency situation, as determined by the Region, involving a matter of public health and safety or a legal or regulatory requirement which requires As Designated changes to be implemented faster than on fourteen (14) days' notice, the Region may in its discretion provide less than fourteen (14) days' prior notice but will endeavour to provide as much notice as reasonably practicable. 17. Acceptable Containers 17.1 The Owner of Premises shall set out for collection only containers which are: (a) each container shall be maintained in a safe and efficient condition for collection and have handles or indentations to facilitate the lifting and emptying of the said receptacle; and (b) intact, as required, to prevent spillage or breakage during collection; and Page 573 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 38 of 70 (c) contained, as required, to prevent the attraction of animals (including insects) and the release of odours; and (d) free of excess water, ice and snow or other substances which may interfere with collection. Any Material which has become frozen or stuck to the collection container and cannot be easily discharged will not be collected; or (e) approved alternative, as determined by the Region. 18. Uncontained Material 18.1 The Owner of a Premises shall not permit any Material set out for collection to become uncontained or otherwise escape in for any reason, including weather or animals. 18.2 The Owner of a Premises shall be responsible for the immediate clean up or re-securing of uncontained Material. 18.3 Where Material that has been set out for collection has blown away or otherwise escaped in any manner, the Owner of a Premises from which the Material originated shall clean up the Material. 19. Ownership 19.1 All properly prepared and separated Collectable Material set out within the designated times becomes the property of the Region upon pick-up or other receipt by authorized employees or contractors of the Region. 19.2 Material set out which is Non-Collectable or Non-Compliant remains the property and responsibility of the Owner. 19.3 At the Region's discretion, the Region may authorize the collection by the Region or Contractors, of Non-Compliant or Non-Collectable Material for the purpose of investigation or health, safety and welfare of the general public. 20. Requirements for Waste Collection Page 574 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 39 of 70 20.1 The Region may enter a Private Property for collection purposes provided that: (a) the Region has determined from time to time that the roadways to be used by collection vehicles on behalf of the Region: i. have been approved for on-site collection during the site plan approval process; and ii. have widths, turning radii, means of access, and means of egress meeting or exceeding the requirements of the Region's Policy on Requirements for Waste Collection, as amended from time to time; and iii. have overhead clearance meeting or exceeding the standards prescribed in the Highway Traffic Act, R.S.O 1990, Ch. H.8, or any successor legislation; and iv. are clear of snow and ice; and v. provide unobstructed access to the Material to be collected; and (b) the Owner of the Private Property and/or development has entered into a written agreement with the Region in the form As Designated and in accordance with policies set by the Region. 20.2 Wherever practical, in accordance with the approved site plan and Region's Requirements for Waste Collection Policy as determined by the Region, Material from each unit shall be sufficiently separated to allow identification of the unit generating the Material for purposes of the enforcement of this By-Law. PART IV- REGIONAL DROP-OFF LOCATIONS 21. Drop-off of Acceptable Material Page 575 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 40 of 70 21.1 The Region may establish Regional Drop-Off Locations for the drop-off of Acceptable Material as set out in Sections 24 to 27 of this By- law. 22. Unacceptable Materials 22.1 No Person shall drop off, or permit to be dropped off, unacceptable Material at a Regional Drop-Off Location. 22.2 Unacceptable Material includes the following: (a) Any dangerous and hazardous Material such as poisons, hot live ashes, caustics, acids, pesticides, herbicides, radioactive Material, industrial process sludge, biomedical waste, or substances which may cause personal or environmental problems with the exception of the Household Hazardous Waste categories as set out in Section 26; (b) Ammunition; (c) Reactive chemical waste; (d) Liquid waste with the exception of certain Household Hazardous Waste categories as set out in Section 26; (e) Pathological waste with the exception of Sharps, which are collectable at Household Hazardous Waste Drop-Off Depots only; (f) Sludge from septic tanks or seepage; (g) Highly flammable, volatile, explosive, reactive or radioactive Materials with the exception of certain Household Hazardous Waste categories as set out in Section 26; (h) Leachate toxic waste; (i) PCB waste; (j) Carcasses of dogs, cats, fowl and other such creatures, or parts thereof; (k) Live animals or birds; (I) Human excrement; (m) Steel and plastic barrels, unless the lid is removed and the barrel is empty and dry; Page 576 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 41 of 70 (n) Automotive parts, not including automobile tires or small automotive parts; (o) Waste with excess liquid accumulated in the load or Material that fails a slump test; (p) Asbestos not prepared as set out in Section 28; (q) Organic material which has decomposed under anaerobic conditions; and (r) Other Material As Designated. 23. Acceptable Material 23.1 Not all Regional Drop-Off Locations will receive all types of Acceptable Material and receipt will depend on whether any of the following activities occur at any given Regional Drop-Off Location: (a) Drop-off/Recycling; (b) Composting; (c) Household Hazardous Waste Collection; (d) Landfilling 24. Acceptable Drop-off/Recycling Material 24.1 Acceptable Material for Drop-off includes the following: (a) Automobile tires separated from the rims and free of foreign Material and excessive moisture; (b) Asphalt and concrete (c) Batteries, either single use alkaline or rechargeable (excludes electric-vehicle batteries or traction batteries); (d) Blue Box Material; (e) Bulky Goods; (f) Clothing for re-use; Page 577 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 42 of 70 (g) Collectable Material; (h) Construction, Renovation and Demolition Material, including drywall, wood, metal, PVC pipe and other building Materials; (i) Electrical and Electronic Equipment with personal information removed: (j) Garbage; (k) Grey Box Material; (l) Household items for re-use including small appliances and toys and other such goods; (m) Large Rigid Plastic; (n) Mattresses up to a maximum of four (4) per load, with the exception of loads delivered by the Region's Collection Contractor; (o) Shingles; (p) White Goods, and (q) Other Material As Designated. 24.2 There may be locations where less than this full list may be Acceptable. Consult the sources listed in Section 53 for further information. 25. Acceptable Composting Material 25.1 Acceptable Material for composting includes the following: (a) Brush; (b) Christmas Trees; (c) Green Bin Material; (d) Leaf and Yard Material; (e) Grass Clippings; and (f) Other Material As Designated. 25.2 There may be locations where less than this full list may be Acceptable. Consult the sources listed in Section 53 for further information. Page 578 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 43 of 70 26. Acceptable Household Hazardous Waste Material 26.1 Acceptable Material for Household Hazardous Waste is: (a) aerosol cans with contents remaining; (b) antifreeze; (c) batteries (all types); (d) barbeque propane tanks; (e) corrosive cleaners including inorganic acids, bases and oxidizers; (f) fertilizers and other inorganic oxidizers; (g) fire extinguishers; (h) flammable liquids such as solvents and thinners; (i) fluorescent light tubes; (j) gasoline and fuels; (k) medications; (I) mercury switches and thermometers; (m) motor oil; (n) oil filters; (o) pesticides and herbicides; (p) paint; (q) paint sludge; (r) pharmaceuticals; (s) pool chemicals; (t) small gas cylinders such as propane, oxygen, carbon dioxide, helium, expanding foam; (u) Sharps in puncture-proof containers; and (v) other Material As Designated. 26.2 All Household Hazardous Waste Material must be in acceptable containers, which conform to the following requirements: Page 579 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 44 of 70 (a) Must be in the original or clearly labelled container, indicating contents; (b) All containers must be capped and sealed; (c) Liquid wastes must not be larger than 20 litres each. Barrels and/or drums of liquid waste will not be accepted; (d) Gasoline will not be decanted at depots. The container and the contents will be taken for safe disposal; (e) No industrial, commercial or institutional hazardous waste will be accepted; and (f) Other acceptable containers As Designated. 27. Acceptable Landfilling Material 27.1 Acceptable Material for Landfilling is: (a) asbestos if prepared as set out in Section 28; (b) Bulky Goods, with the exception of those items which can be re-used or recycled; (c) Construction, Renovation and Demolition Material with wood, drywall, metal and other recyclable Material separated; (d) Garbage; (e) soil or dirt in acceptable quality and quantity, as determined by the Region; and (f) other Material As Designated. 28. Acceptable Asbestos Preparation and Acceptance Procedures 28.1 No Person shall unload or dispose of asbestos at a Regional Drop-Off Location unless such unloading or disposal is in accordance with the conditions set out in this Section. Page 580 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 45 of 70 28.2 Any Person dropping off asbestos shall contact the Region at least twenty- four (24) hours prior to delivery of the asbestos to allow for preparation of the Regional Drop-Off Location designated area. 28.3 All asbestos must be contained in a rigid, impermeable, sealed container of sufficient strength to accommodate the weight and nature of the asbestos, or the asbestos Material must be double bagged in two (2) six millimetre polyethylene bags. The container must be free from punctures, tears or leaks and shall be clearly labelled to indicate the nature of the contents. The external surface of the container and the vehicle used for the transport of the asbestos must be free of asbestos. 28.4 During unloading, the packaged asbestos shall be handled individually and care taken to place the packages in the designated area to avoid spillage. This unloading shall be the responsibility of the Person dropping off the asbestos. 28.5 The unloading shall only be done in the presence of the Region to ensure that no loose asbestos or broken containers are unloaded and that no airborne particulate is generated. 28.6 In the event that loose asbestos or broken containers are found, the Person dropping off the asbestos shall repackage the Material with additional containers or bags provided in his/her vehicle. 28.7 The asbestos containers shall be placed directly in the designated area which has been prepared by the Region. 29. Material Requiring Special Handling 29.1 Any Person dropping off Material requiring special handling (such as dusty material) shall contact the Region at least 24 hours prior to delivery to a Regional Drop-Off Location to receive handling instructions from the Region and to allow for preparation of the Regional Drop-Off Location designated area. Page 581 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 46 of 70 29.2 The unloading of the Material requiring special handling shall be the responsibility of the Person dropping it off. 29.3 The Material requiring special handling shall be placed directly in the designated area by the Person dropping it off. 29.4 Material requiring special handling is only accepted Mondays to Fridays, between the hours of 8:30 a.m. and 3:00 p.m. 30. Fees 30.1 The Region shall set fees to be paid by Persons for the drop-off of Material at Regional Drop-Off Locations. 30.2 The fees are set out in the Region's Fees and Charges By-Law as amended from time to time. 31. Access 31.1 Access to a Regional Drop-Off Location shall be limited to the days and times As Designated by the Region. Days and hours of operation are posted at each permanent location. 31.2 Access to a Regional Drop-Off Location shall be limited to Persons who are: (a) commercial haulers who have provided a copy of their Ministry of the Environment, Conservation and Parks Waste Management System Certificate and, when requested by the Region, proof satisfactory to the Region that the Material they bring for drop-off has been generated from within the Region; or (b) non-commercial haulers who, upon request, have provided proof of their residency in the Region satisfactory to the Region. 31.3 The Region may further limit access to certain Regional Drop-Off Locations As Designated. Page 582 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 47 of 70 31.4 The Region may specify time schedules and pre-deposit conditions for Persons seeking access to a Regional Drop-Off Location. 31.5 The Region may refuse access to a Person at the Region's discretion if: (a) the Person has violated this By-law; (b) the Person is likely to violate this By-law; (c) the Person owes money to the Region pursuant to this By- law; (d) the Person is transporting Material which is unacceptable for deposit at the Regional Drop-Off Location; (e) the Person's vehicle load is not fully covered and/or secured; (f) the Person's vehicle appears to be unsafe; or (g) the Person uses abusive or offensive language or behaviour toward workers or other Persons at the Regional Drop-Off Location. PART V - REGIONAL DROP-OFF LOCATION RESTRICTIONS AND RESPONSIBILITIES 32. Drop-off Restrictions 32.1 The following restrictions apply at Regional Drop-Off Locations: (a) all drivers shall ensure the vehicle load is fully covered and/or secured and the vehicle is not over loaded; (b) all drivers shall bring vehicles to a complete stop and await the direction of the Region's site attendant before entering or leaving the weigh scale; (c) all drivers shall identify the Material type and source to the Region's site attendant; (d) all vehicles shall weigh inbound and outbound unless instructed otherwise by the Region's site attendant; (e) no Material originating from outside the Region shall be dropped off; Page 583 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 48 of 70 (f) all Material deposited shall become the property of the Region and may be salvaged, recycled, reclaimed, disposed of and otherwise dealt with as the Region may deem fit; (g) no Person, while at a Regional Drop-Off Location, shall operate a vehicle or do any other thing without exercising due care and attention or in a manner that causes or is likely to cause injury or harm to any Person or damage to any property; (h) no Person, while at a Regional Drop-Off Location, shall: i. indulge in any riotous, violent, threatening or illegal conduct, or use profane or abusive language as determined by the Region; or ii. create a Nuisance or in any way interfere with the use of a Regional Drop-Off Location by any other Person; iii. Any person deemed by staff to be engaging in these behaviours may be refused service and/or requested to leave the premises. (i) no Person shall deposit or allow or cause to be deposited Materials except in bins or disposal areas for such purposes; (j) all Persons shall at all times obey all signs and directions of the Region, its site attendants or staff or contractors' staff; (k) all Persons shall enter or exit a Regional Drop-Off Location by the designated access and exit routes; (l) no Person shall deposit or permit to be deposited Garbage into recycling bins or composting areas; (m) no Person shall deposit Recyclable Material including Leaf and Yard Material, Green Bin Material, Blue Box Material, Grey Box Material and/or other Material As Designated into the Garbage area located at the Drop-off/Recycling Depot or in the area designated for Landfilling; (n) no Person shall cause or permit a vehicle to idle for more than three (3) minutes in a sixty (60) minute period. 32.2 Violation(s) of Restrictions at Regional Drop-Off Locations: Page 584 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 49 of 70 (a) On the first occasion of violation of any of the restrictions in Section 32.1 above, a written warning notifying the Person of his/her violation may be issued by the Region; or (b) On the first or any subsequent occasion of violation of any of the restrictions in Section 32.1 above, the Person may be charged with an offence under the Provincial Offences Act, R.S.O. 1990, c. P.33, or as amended, of having violated this By-law, and may also be subject to being refused access to Regional Drop-Off Locations. 33. No Trespassing 33.1 No Person shall unlawfully enter a Regional Drop-Off Location at any time. 33.2 No Person shall unlawfully enter the land strip around the perimeter of a Regional Drop-Off Location (buffer lands) or a Regional Drop-Off Location property during the time that the Regional Drop-Off Location is closed. 33.3 No Person shall enter with or operate an off-road vehicle or bike of any type on any part of a Regional Drop-Off Location and/or the land strip around the perimeter of a Regional Drop-Off Location (buffer lands). 34. Drop-off Responsibilities 34.1 Every Person dropping off Material at a Regional Drop-Off Location shall: (a) drop off only Material acceptable for deposit As Designated; (b) comply with all orders or directions given by the Region's site attendants or contractors' staff; (c) obey all speed limit signs and other signs posted at a Regional Drop- Off Location; (d) separate each type of Material and deposit in areas designated for such Material by the Region; (e) unload Material in a safe manner and use extreme caution while unloading; Page 585 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 50 of 70 (f) remove covers/tarpaulins and/or release turnbuckles on vehicles only in the unloading area and at the direction of the Site Attendants or contractor's staff; (g) remove any remaining loose Material from vehicles before leaving the unloading areas; (h) close and secure, in a manner acceptable to the Region, all unloading doors with chains or acceptable alternatives before departure from the unloading areas; (i) ensure that any child under the age of 12 remain inside the vehicle at all times; (j) ensure that children act responsibly at all times when outside the vehicle; (k) ensure that animals remain inside the vehicle at all times; (l) acknowledge and accept that any Person entering a Regional Drop- Off Location does so at their own risk. The Person and the Owner of any vehicle brought upon a Regional Drop-Off Location agrees to save the Region, its contractors, agents and employees, harmless from any damages or claims whatsoever to themselves or their property, or to any other Person or property whatsoever, arising from such Person's negligence or failure to comply with their responsibilities as set out in this By-law, As Designated or otherwise; (m) not depart from the Regional Drop-Off Location until the relevant fees as set by the Region from time to time are paid in full, whether by cash, debit, or charged to an authorized account; (n) conform strictly to all legislative requirements including, in particular, the Environmental Protection Act, the Occupational Health and Safety Act, R.S.O. 1990, Ch. 0.1, and any other relevant successor legislation, any relevant regulations there under, any relevant Environmental Compliance Approval(s), and any relevant Regional By-laws, Policies, and Procedures; and (o) not smoke any substance anywhere on or near a Regional Drop-Off Location. 35. Refusal Page 586 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 51 of 70 35.1 The Region reserves the right to refuse to accept for drop-off any Material of a questionable nature or origin. 36. Safe Loads 36.1 Persons entering a Regional Drop-Off Location shall ensure that all Material transported is secure, covered, tied, or enclosed to prevent any Material from falling onto any roadway or Public Property. PART VI - FURTHER RESTRICTIONS 37. Illegal Dumping 37.1 General Prohibition: No Person shall dump, drop, sweep, throw, cast or otherwise deposit; or permit his/her contractor, agent, employee, child under his/her care or control or animal under his/her care or control to dump, drop, sweep, throw, cast or otherwise deposit; or permit a vehicle owned by an Owner to be used by any Person for the purpose of dumping, dropping, sweeping, throwing, casting or otherwise depositing any Material whatsoever on or in any road or Public Property, or at the entrance to or around the perimeter of a Regional Drop-Off Location. 37.2 Prohibition re: Public Space Litter/Recycling Bin: No Person shall dump or otherwise deposit, or permit their contractor, agent, employee, child under their care or control or animal under their care or control to dump or otherwise deposit; or permit a vehicle owned by an Owner to be used by any Person for the purpose of dumping or otherwise depositing any Material generated on a Premises owned or occupied by that Person, or at any time in the Care and Control of that Person, into or within a one (1) metre radius of a Public Space Litter/Recycling Bin on any road or Public Property. 37.3 Prohibition re: Care and Control: No Person shall permit Material at any time in the Care and Control of that Person to be dumped, dropped, swept, thrown, cast or otherwise deposited by any other Person in contravention of Section 37.1 of this By-law. Page 587 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 52 of 70 37.4 For the purpose of Subsections 15.4, 37.2 and 37.3, Material shall be deemed to have been within the Care and Control of a Person at a point in time if the Material included any Material typically associated with or used by that Person and shall include but is not restricted to the following Materials: (a) mail and other paper products bearing the name, address or other identifying characteristics typically associated with that Person; (b) Material that can on a balance of probabilities be shown to have been purchased by that Person; (c) Material that can on a balance of probabilities be shown to have originated from Premises with respect of which a Person is considered an Owner and during the time the Person was considered an Owner; (d) Materials that can on a balance of probabilities be shown to have been transported in a motor vehicle owned or under the Care and Control of the Person. 38. Scavenging 38.1 No Person shall, without the written approval of the Region, Scavenge, interfere with, pick over, disturb, remove or scatter any Material set out for collection. 38.2 No Person shall Scavenge, interfere with, pick over, disturb, remove or scatter any Material at a Regional Drop-Off Location unless the Material has been designated for re-use by the Region and the Person has received permission from the Region. 39. Saving Provisions 39.1 A Person shall be liable under Section 37.3 if they can establish on the basis of a balance of probabilities that such Material, deemed by Section 37.4 to have been within the Care and Control of that Person was in fact never in that Person's care or control. Page 588 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 53 of 70 39.2 A Person or Owner shall not be liable for breach of either Section 15.4 or 37.3 of this By-law if they establish on a balance of probabilities that they took all reasonable precautions to prevent occurrence of the offence. PART VII - ENFORCEMENT 40. Friendly Reminders 40.1 To encourage compliance with this By-law, the Region may use Friendly Reminders and Final Friendly Reminders to identify or inform Persons or Owners of Non-compliance. 41. Where a Person or Owner is in Non-compliance with this By-law and if the, and Non-compliance continues, despite the Region's attempts to obtain voluntary compliance, the Region may issue an Order as outlined in Section 48. Notifications 41.1 Notwithstanding any other provision of this By-law, no Person or Owner shall be charged with an offense for setting out, or permitting to be set out contrary to this By-law (included specific As Designated areas or collection times or schedules), any Collectable Material for collection where the As Designated provisions have not been published or communicated as set out in Section 16.6 of this By-law. 41.2 In addition to the publication and communication of As Designated changes set out in Section 16.6, the Region will issue a minimum of one (1) written notification to inform the Owner of the As Designated alternate schedule for the As Designated area before any such Owner is charged with an offense as set out above. 42. Enhanced Services 42.1 Offences under this By-law apply to all enhanced services as may be applicable. Page 589 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 54 of 70 PART VIII – OFFENCES, PENALTIES, AND FINES 43. Offences 43.1 Section 425 of the Municipal Act, 2001 provides that a municipality may pass by-laws providing that a person who contravenes a by-law of the municipality passed under this Act is guilty of an offence; 44. Fines – Provincial Offences Act 44.1 Section 61 of the Provincial Offences Act provides that every Person who is convicted of an offence is liable to a fine not exceeding $5,000. 45. Fines – Municipal Act, 2001 45.1 Section 429(1) of the Municipal Act, 2001, a municipality may establish a system of fines for offences under a by-law of the municipality passed under the Municipal Act, 2001. 45.2 Every Person who contravenes a provision of this By-law, and every director or officer of a corporation who knowingly concurs in the contravention of this By-law by the corporation, is guilty of an offence under the provisions of the Municipal Act, 2001, and is liable on conviction to a penalty, where the minimum fine shall not exceed $500 (save and except the fine for “Illegal Dumping” which carries a minimum fine of $750), and a maximum fine, shall not exceed $100,000, exclusive of costs under the provisions of the Municipal Act, 2001. 45.3 In the case of a continuing offence(s), every person who contravenes any provision of this By-law, and every director or officer of a corporation who knowingly concurs in the contravention of this By-law by the corporation, is guilty of an offence, and is liable on conviction, to a penalty not exceeding $10,000 per day, or part thereof, exclusive of costs, under the provisions of the Municipal Act, 2001. 45.4 In the case of a multiple offence, for each offence included in the multiple offence, a minimum fine shall not exceed $500 (save and except the fine Page 590 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 55 of 70 for “Illegal Dumping” which carries a minimum fine of $750) and a maximum fine shall not exceed $10,000. 45.5 Notwithstanding Section 45.3 and Section 45.4, and in accordance with the provisions of the Municipal Act, 2001, the total of all fines for the continuous offences or multiple offences, is not limited to $100,000. 46. Special Fines 46.1 In addition to the fines in Sections 44 and 45, a special fine is also chargeable and may exceed $100,000, where an offence of this By-law has been committed and there is evidence that the Person who has committed the offence has achieved an economic advantage or gain from contravening this By-law. The intent of this section is to eliminate or reduce such economic advantage or gain or to deter the Person from further Non- compliance with this By-law. 47. Alternative Set Fine Procedure 47.1 In the discretion of the Region, charges may be laid for offences committed in contravention of this By-law using the certificate of offence set fine procedure set out under Part I of the Provincial Offences Act, R.S.0. 1990, Ch. P.33, or any successor legislation. 48. Order Prohibiting Continuation 48.1 When a Person or Owner has been convicted of an offence under this By- law, and in addition to any other remedy and to any penalty imposed by the By-law including a fine and a remedial action fee as set out in Section 49, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the Person or Owner convicted. 49. Work Orders 49.1 Where the Region is satisfied that a Person or Owner has failed to comply with any provision of this By-law, and a contravention has occurred, the Page 591 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 56 of 70 Region may, by written notice, issue an order requiring the Person or Owner who contravened the By-law, or who caused or permitted the contravention, or the Person or Owner or Occupant of the land on which the contravention occurred, to do work to correct the contravention, as set out in the Municipal Act, 2001, S.O. 2001, c.25, or as amended. 49.2 The Order shall set out: (a) The municipal address and/ or the legal description of the property or land on which the contravention occurred; (b) Reasonable particulars of the contravention adequate to identify the contravention; (c) The work to be done and the date by which there must be compliance with the Order. 49.3 Every a Person or Owner who contravenes an Order is guilty of an offence. 49.4 Any Order issued under this By-law may be given by ordinary mail, registered mail or hand delivered to the address of the Person or Owner according to the last revised assessment roll of the subject property or the notice may be posted at the subject property, and such service shall be deemed good and sufficient service. 49.5 Where an Order has been served on an Owner/ Occupant by personal service or posting a copy on the property, it is deemed to be delivered immediately. 49.6 Where an Order is given by: ordinary mail it is deemed to have been received three (3) days after mailing; and by registered mail, it is deemed to have been received on date of delivery. 49.7 Every Person or Owner shall comply with any Order issued under the authority of this By-law. 50. Remedial Actions Page 592 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 57 of 70 50.1 Where a Person or Owner is in default of an Order, the Region may, without notice and in addition to any other action, cause the work to be done at the Person or Owner's expense. Without limitation, the Region, its employees, agents or contractors may access and remove such Material or carry out the work required to make the property comply with this By-law. 50.2 Any Material removed may be immediately disposed of. 50.3 The Region may invoice the Person or Owner for all costs associated with the work done pursuant to Section 46 including, but not limited to, court costs, Regional and/or local government administrative and legal fees, contractors' invoices, disposal fees and interest at a rate of fifteen (15%) per cent per annum from the day the Region incurs such costs. The Region may include a minimum disposal charge of one hundred and fifteen ($115.00) dollars in the event the Material cleaned up is not separately weighed. 50.4 Such costs may be charged and enforced separately or in addition to any other enforcement action undertaken pursuant to this By-law, not as an alternative to same. 50.5 In the event that a Person or Owner was provided an invoice for costs in accordance with Section 48, and the invoice is not paid by the Person or Owner within sixty (60) days of issuance, the costs may be recovered by action or by adding the costs to the tax roll and collecting them in the same manner as taxes in accordance with section 446 of the Municipal Act, 2001, S.O. 2001, c.25, as may be amended form time to time. 50.6 The amount of the costs constitutes a lien on the land or Premises involved upon the registration in the proper land registry office of a notice of lien. 51. Entry for Enforcement 51.1 By-law enforcement officers may enter on private properties or new and redeveloped roadways on private or public properties for the purpose of enforcing this By-law, but may not enter a residential dwelling without the Page 593 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 58 of 70 occupant's permission, or unless so authorized by order of a court of competent jurisdiction. PART IX - GENERAL 51. Conflicts of Laws 51.1 Where a provision of this By-law conflicts with a provision of another By-law in force in the Region, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail. 52. Schedules 52.1 The Schedules to this By-law form an integral part of this By-law. 53. Further Information on Material Preparation 53.1 More detailed instructions on preparation of Material for collection or drop off at Regional Drop-Off Location are available on the Region's website at www.niagararegion.ca or in publications updated and distributed by the Region from time to time or by contacting the Waste Info-line Monday to Friday, 8:00am – 5:00pm, at 905-356-4141 or Toll-free at 1-800-594-5542. 54. Delegation of Powers to Commissioner of Public Works 54.1 The Commissioner of Public Works or their designate is delegated the administrative power by Council to implement minor program changes which have no negative financial impact and/or minimal service level implications to the Waste Management system of the Region under this Bylaw, including but not limited to: (a) alteration to the classes and lists of Material in this By-law requiring specific treatment or preparation for collection or drop-off at Regional Drop-Off Locations; Page 594 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 59 of 70 (b) appoint By-law Enforcement Officers for the purpose of the enforcement of this By-law; (c) changes to the forms in use for notification to the public, such as Friendly Reminders, and Friendly Final Reminders; (d) changes to the requirements for Material preparation for collection or drop-off at a Regional Drop-Off Location; (e) changes to the procedure for scheduling collection of specialty items such as Bulky Goods; (f) changes to the new and redevelopment agreements as set out in Section 20; (g) temporary changes to access, time schedules or opening hours at Regional Drop-Off Locations; and (h) establishment of such other matters as are necessary for the proper administration of this By-law. 55. Severability 55.1 If any provision of this By-law is declared invalid for any reason by a court of competent jurisdiction, only that invalid portion of the By-law shall be severed and the remainder of the By-law shall still continue in force. 56. Environmental Compliance Approvals 56.1 The provisions of this By-law shall be subject to the terms of the Environmental Compliance Approvals for any Regional Drop-Off Location or any other waste management facilities or systems operated by or on behalf of the Region, and any relevant statutes and regulations. 57. References 57.1 Any reference to a statute is to such statute and to the regulations made pursuant to it, as such statute and regulations may at any time be amended or modified and in effect, and to any statute or regulations that may be passed that have the effect of supplementing or superseding such statute or regulations. Page 595 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 60 of 70 58. Short Title of By-Law 58.1 The short title of this By-law is the "Waste Management By-law". 59. Force and Effect Date 59.1 Except as otherwise specified in this By-law, this By-law shall come into force and effect on the date passed by Regional Council. 60. Interpretation 60.1 The necessary grammatical changes required to make the provisions of this By-law applicable to corporations, partnerships, trusts and persons, and to include the singular or plural meaning where the context so requires, shall in all cases be assumed as though fully expressed. 60.2 The words "include" and "including" are not to be read as limiting the meaning of a word or term to the phrases or descriptions that follow. 60.3 The insertion of headings and the division of this By-law into sections and subsections are for convenience of reference only and shall not affect the interpretation thereof. 61. Repeal of Prior By-Law 61.1 By-law No. 2017-56 of the Region is hereby revoked and repealed, and replaced with By-law No. 2022-XX. THE REGIONAL MUNICIPALITY OF NIAGARA ______________________________________ Jim Bradley, Regional Chair Page 596 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 61 of 70 ______________________________________ Ann-Marie Norio, Regional Clerk Passed: xx xx, 2022 SCHEDULE “A” COLLECTABLE VOLUME LIMITS – Table 1 Page 597 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 62 of 70 Table 1: Garbage Container Limits Type of Premises (as Assessed by MPAC) Container Limit Collection Frequency A. Low Density Residential (LDR) Premises including: • single-family detached with one self-contained unit, • semi-detached residential with 2 residential homes, both self-contained units; • duplex residential structure with 2 self-contained units; • residential buildings with three (3) to six (6) units; • cottage properties with up to six (6) cottages; • Bed and Breakfast establishments with three (3) bedrooms or less; • structures with six (6) or more units that are considered horizontal, row or townhouses or condo housing; • vertical structures where all units have a primary exterior door directly accessing ground level that is visible from the collection point (including stacked townhouse structures) • trailer parks (only those classified as LDR in MPAC), • boarding homes with six (6) or fewer rooms; and • residential farms 2 per self- contained unit Every- other-week Page 598 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 63 of 70 Type of Premises (as Assessed by MPAC) Container Limit Collection Frequency B. Multi-Residential Premises are residential buildings containing seven (7) or more self-contained units, including but not limited to, apartments, condominiums and rentals, nursing and retirement homes, cottage properties with seven (7) or more cottages, boarding homes with seven (7) or more rooms, Group Homes, and vertical structures (stacked townhouses or similar style) where one or more unit does not have a primary external access door directly accessing ground level and cannot be serviced as a Type A Premises, and mobile homes (not assessed by MPAC as Low Density Residential Units). 2 per self- contained unit up to a maximum 24 per building Every- other-week C. Premises used for one or more institutional, commercial or industrial purposes inside Designated Business Area and Bed and Breakfasts with four (4) or more bedrooms inside Designated Business Areas. Maximum 4 per Premises Weekly D. Mixed use Premises used for one or more institutional, commercial or industrial and residential purposes inside Designated Business Area. Maximum 4 per Premises Weekly E. Premises used for one or more institutional, commercial or industrial purposes outside Designated Business Area and Bed and Breakfasts with four (4) or more bedrooms outside Designated Business Areas are Type E Premises . Maximum 8 per Premises Every- other-week F. Mixed use Premises used for one or more institutional, commercial or industrial and residential purposes outside Designated Business Area. Maximum 8 per Premises Every- other-week Page 599 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 64 of 70 COLLECTABLE VOLUME LIMITS – Table 2 Table 2: Recycling Container Limits Type of Premises (as Assessed by MPAC) Container Limit Collection Frequency A. Low Density Residential (LDR) Premises including: • single-family detached with one self- contained unit; • semi-detached residential with 2 residential homes, both self-contained units; • duplex residential structure with 2 self- contained units; • residential buildings with three (3) to six (6) units; • cottage properties with up to six (6) cottages; • Bed and Breakfast establishments with three (3) bedrooms or less; • structures with six (6) or more units that are considered horizontal, row or townhouses or condo housing; • Vertical structures where all units have a primary exterior door directly accessing ground level that is visible from the collection point (including stacked townhouse structures); • trailer parks (only those classified as LDR in MPAC); • boarding homes with six (6) or fewer rooms; and Unlimited per self- contained unit Weekly Page 600 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 65 of 70 Type of Premises (as Assessed by MPAC) Container Limit Collection Frequency • residential farms B. Multi-Residential Premises are residential buildings containing seven (7) or more self- contained units, including but not limited to, apartments, condominiums and rentals, nursing and retirement homes, cottage properties with seven (7) or more cottages, boarding homes with seven (7) or more rooms, Group Homes, and vertical structures (stacked townhouses or similar style) where one or more unit does not have a primary external access door directly accessing ground level and cannot be serviced as a Type A Premises, and mobile homes (not assessed by MPAC as Low Density Residential Units). Unlimited with guideline for 1 Cart for every 20 units for Blue Box Material and 1 Cart for every 11 units for Grey Box Material or to be determined by the Region Weekly C. Premises used for one or more institutional, commercial or industrial purposes inside Designated Business Area and Bed and Breakfasts with four (4) or more bedrooms inside Designated Business Areas. Unlimited Weekly D. Mixed use Premises used for one or more institutional, commercial or industrial and residential purposes inside Designated Business Area. Unlimited Weekly E. Premises used for one or more institutional, commercial or industrial purposes outside Designated Business Area and Bed and Breakfasts with four (4) or more bedrooms outside Designated Business Areas are Type E Premise. Combined limit of the eight (8) Blue and Grey Carts or the equivalent in Blue and Grey Boxes as determined solely by the Region. Weekly Page 601 of 817 Bill No. 2022-xx Authorization References: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1.1 and By-law No. 2022-xx PWC 19-2022; Minute Item xx Page 66 of 70 Type of Premises (as Assessed by MPAC) Container Limit Collection Frequency F. Mixed use Premises used for one or more institutional, commercial or industrial and residential purposes outside Designated Business Area. Unlimited Weekly Page 602 of 817 Bill No. 2017-56 Authorization Reference: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1 Page 67 of 70 COLLECTABLE VOLUME LIMITS – Table 3 Table 3: Organic Container Limits Type of Premises (as Assessed by MPAC) Container Limit Collection Frequency A. Low Density Residential (LDR) Premises including: • single-family detached with one self- contained unit; • semi-detached residential with 2 residential homes, both self-contained units; • duplex residential structure with 2 self- contained units; • residential buildings with three (3) to six (6) units; • cottage properties with up to six (6) cottages; • Bed and Breakfast establishments with three (3) bedrooms or less; • structures with six (6) or more units that are considered horizontal, row or townhouses or condo housing; • Vertical structures where all units have a primary exterior door directly accessing ground level that is visible from the collection point (including stacked townhouse structures); • trailer parks (only those classified as LDR in MPAC); • boarding homes with six (6) or fewer rooms; and • residential farms Unlimited per self-contained unit Weekly Page 603 of 817 Bill No. 2017-56 Authorization Reference: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1 Page 68 of 70 Type of Premises (as Assessed by MPAC) Container Limit Collection Frequency B. Multi-Residential Premises are residential buildings containing seven (7) or more self- contained units, including but not limited to, apartments, condominiums and rentals, nursing and retirement homes, cottage properties with seven (7) or more cottages, boarding homes with seven (7) or more rooms, Group Homes, and vertical structures (stacked townhouses or similar style) where one or more unit does not have a primary external access door directly accessing ground level and cannot be serviced as a Type A Premises, and mobile homes (not assessed by MPAC as Low Density Residential Units). Quantity as determined by the Region on a request only basis for Green Bins or Carts Weekly C. Premises used for one or more institutional, commercial or industrial purposes inside Designated Business Area and Bed and Breakfasts with four (4) or more bedrooms inside Designated Business Areas. Unlimited Weekly D. Mixed use Premises used for one or more institutional, commercial or industrial and residential purposes inside Designated Business Area. Unlimited Weekly E. Premises used for one or more institutional, commercial or industrial purposes outside Designated Business Area and Bed and Breakfasts with four (4) or more bedrooms outside Designated Business Areas are Type E Premises. Limit of eight (8) Green Carts or the equivalent number of Green Bins as determined solely by Niagara Region. Weekly F. Mixed use Premises used for one or more institutional, commercial or industrial and residential purposes outside Designated Business Area. Unlimited Weekly Page 604 of 817 Bill No. 2017-56 Authorization Reference: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1 Page 69 of 70 SCHEDULE “B” - FRIENDLY REMINDER NOTICE Page 605 of 817 Bill No. 2017-56 Authorization Reference: PWC 8-2017; Minute Item 5.1 As amended by By-law No. 2020-62 PWC 7-2020; Minute Item 5.1 and By-law No. 2021-06 CL 1-2021; Minute Item 8.1 Page 70 of 70 Page 606 of 817 Page 1 of 3 The Regional Municipality of Niagara Part 1 Provincial Offences Act By-law 2022-XX Waste Management By-law Short Form Offences and Set Fines Item COLUMN 1 Short Form Wording COLUMN 2 Provision creating or defining offence COLUMN 3 Set Fine 1. Set-out of Non-Collectable Material s. 14.1 (a)$100 2. Set-out of Non-Compliant Material s. 14.1 (b)$100 3. Setting out hazardous, pathological Material or Sharps for collection s. 14.1 (a)$500 4. Not securing animal to ensure collection worker safety s. 14.6 $100 5. Depositing Material into a collection vehicle s. 14.8 $100 6. Obstructing road or sidewalk with Material s. 15.1 $250 7. Setting out Material at premises other than your own s. 15.3 $100 8. Permitting Material at any time in the Care and Control of an Owner to be located otherwise than on their own Premises or in a permitted Collection location s.15.4 $100 9. Setting out waste contrary to specified times s. 16.1 $75 10. Failing to remove containers and Material after collection s. 16.2 $75 11. Setting out waste contrary to specified times within Designated Business Area s. 16.4 s. 16.5 $75 12. Failing to set out an acceptable container s. 17.1 $75 13. Failing to ensure containment of Material set out for collection s. 18.1 $100 14. Dropping off unacceptable Material at Regional Drop-Off Location s. 22.1 $500 15. Depositing Garbage into recycling bins or composting areas at Regional Drop- Off Location s. 32.1 (l)$200 PW 19-2022 Appendix 2 Page 607 of 817 Page 2 of 3 Item COLUMN 1 Short Form Wording COLUMN 2 Provision creating or defining offence COLUMN 3 Set Fine 16. Depositing recyclable Material in Garbage bin or landfill areas at Regional Drop-Off Location s. 32.1 (m) $100 17. Trespassing at Regional Drop-Off Location by illegal entry s. 33.1 $500 18. Trespassing at Regional Drop-Off Location or closed landfill or perimeter when closed s. 33.2 $500 19. Trespassing at Regional Drop-Off Location or perimeter with vehicle s. 33.3 $500 20. Failing to drop off only acceptable Material at RDOL s. 34.1 (a) $200 21. Failing to comply with Regional Drop- Off Location staff directions s. 34.1 (b) $200 22. Failing to obey signs at Regional Drop- Off Location s. 34.1 (c) $200 23. Failing to separate and deposit Material properly at Regional Drop-Off Location s. 34.1 (d) $200 24. Failing to remove covers as directed at Regional Drop-Off Location s. 34.1 (f) $200 25. Failing to remove loose Material after unloading at Regional Drop-Off Location s. 34.1 (g) $200 26. Failing to secure vehicle after unloading at Regional Drop-Off Location s. 34.1 (h) $200 27. Failing to ensure child under 12 stays in vehicle at Regional Drop-Off Location s. 34.1 (i) $200 28. Failing to ensure children act responsibly at Regional Drop-Off Location s. 34.1 (j) $200 29. Failing to ensure animal stays in vehicle at Regional Drop-off Location s. 34.1 (k) $200 30. Failing to pay fees before departing Regional Drop-Off Location s. 34.1 (m) $200 Page 608 of 817 Page 3 of 3 Item COLUMN 1 Short Form Wording COLUMN 2 Provision creating or defining offence COLUMN 3 Set Fine 31. Failing to refrain from smoking on Regional Drop-Off Location s. 34.1 (o) $200 32. Transporting insecure load s. 36.1 $100 33. Illegal dumping s. 37.1 $750 34. Dumping privately generated Material into Public Litter bin s. 37.2 $150 35. Illegal dumping Care and Control s. 37.3 $250 36. Scavenging Material set out for collection s. 38.1 $100 37. Scavenging at a Regional Drop-Off Location s. 38.2 $250 38. Failure to comply with an Order s. 46.3 $300 Note: The general penalty provision for the offences listed above is Section 61 of the Provincial Offences Act, R.S.O. 1990, c. P. 33. Page 609 of 817 PW 19-2022 Appendix 3 Bill xx Authorization Reference: PW -C 19-2022; PW 19-2022; Minute Item xx THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. xx-2022 A BY-LAW TO REGULATE ACCESS TO CLOSED LANDFILL AND REPURPOSED SITES OWNED BY THE REGIONAL MUNICIPALITY OF NIAGARA WHEREAS sections 8, 9 and 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, (“Municipal Act, 2001") authorize Niagara Region to pass by-laws necessary or desirable for municipal purposes; WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, provides that an upper tier municipality may pass By-laws respecting waste management subject to the requirements set out in the Act; and WHEREAS Section 227 of the Municipal Act, 2001, provides that it is the role of the officers and employees of the municipality to carry out duties required under this or any other Act and other duties as assigned by the municipality; and WHEREAS Section 425 of the Municipal Act, 2001 provides that a municipality may pass by-laws providing that a person who contravenes a by-law of the municipality passed under this Act is guilty of an offence; and WHEREAS Section 446(1) of the Municipal Act, 2001 provides that if a municipality has the authority this, or any other Act, or under a by-law under this Act, or any other Act, to direct or require a person to do a matter of thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person’s expense; and WHEREAS Section 446(3) of the Municipal Act, 2001 provides that the municipality may recover the costs of doing a matter or thing under subsection 446(1) from the person directed or required to do it, by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes; and WHEREAS Niagara Region, in exercising its responsibility has acquired ownership of landfill sites within Niagara region, not all of which are actively used as an operating landfill site; WHEREAS the current use of landfill sites varies from active operating landfill sites, sites that have in part been repurposed for identified public uses and closed landfill sites that have no specific identified use; Page 1 of 17 Page 610 of 817 Bill xx Authorization Reference: PW -C 19-2022; PW 19-2022; Minute Item xx WHEREAS Niagara Region has various site specific by-laws for regulating sites that have been repurposed for identified public uses; WHEREAS while various repurposed sites have differences in the specific permitted uses, the sites also have many attributes in common; WHEREAS all potentially desirable uses of closed landfill sites cannot be anticipated and documented in advance; WHEREAS the residents of Niagara region would benefit from a single source of information regarding actual and potential uses for closed landfill sites and Niagara Region’s rules applicable to those uses; WHEREAS Niagara Region by this by-law intends to establish criteria for the regulation and use of all parts of landfill sites that are not actively used in landfilling of waste; and, WHEREAS regulations are based on the principle of safeguarding the public, protection of Niagara Region’s infrastructure and upholding the values of Niagara Region taking into account the many unique attributes of the landfill sites that make certain activities inadvisable. WHEREAS legislative updates have occurred, along with a desire to repeal and replace By-law No. 83-2016 with this By-law. NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as follows: PART I – SHORT TITLE 1) This By-law may be referred to as the "Regulation of Closed Landfill and Repurposed Sites By-law". PART II – DEFINITIONS 2) For the purposes of this By-law the capitalized terms set forth in this Section 2 shall apply equally to the singular and plural forms of the terms defined. a) “Active Site” means any landfill site owned and currently operated (meaning it is open and in operation for its primary purpose, being the accepting and managing of waste materials) by Niagara Region for the disposal or transfer of waste; Page 2 of 17 Page 611 of 817 Bill xx Authorization Reference: PW -C 19-2022; PW 19-2022; Minute Item xx b) “Agencies, Boards and Commissions” means a self-governing organization that delivers services for the Region, including Niagara Regional Housing, Niagara Regional Police Service and Niagara Peninsula Conservation Authority; c) “Alpha-Numerical Designation” means the letter and number combination or the letters or numbers separately used to designate a Site and/or Zone within this By-law and the appendices attached hereto; d) "Area Municipality" means any one of the municipalities or corporations of the Town of Fort Erie, Town of Grimsby, Town of Lincoln, City of Niagara Falls, Town of Niagara-on-the-Lake, Town of Pelham, City of Port Colborne, City of St. Catharines, City of Thorold, Township of Wainfleet, City of Welland, or Township of West Lincoln; e) “By-law” means this by-law and any schedule(s) and/or appendices to this By- law as they may be amended from time to time; f) “Closed Landfill Site” means any parcel of land owned by Niagara Region that had been used for the disposal of waste by Niagara Region or any predecessor municipality with jurisdiction for the site, but which is no longer an Active Site; or is a parcel of land that is owned and or operated by Niagara Region, which abuts (be next to, or have a common boundary with) a closed landfill site. g) “Council” means the elected Council of The Regional Municipality of Niagara; h) “Day Use Visitor” means Persons who enter the Repurposed Site to use the sites amenities; i) “Niagara Region" means The Regional Municipality of Niagara; j) “Nuisance” includes, but is not limited to, the following: 1 Disorderly conduct; 2 Public drunkenness or public intoxication; 3 The unlawful sale, furnishing, or distribution of alcoholic beverages or controlled substances; 4 The deposit of refuse on the Site; 5 Damage to, or destruction of, public or private property on the Site; Page 3 of 17 Page 612 of 817 Bill xx Authorization Reference: PW -C 19-2022; PW 19-2022; Minute Item xx 6 Traffic that obstructs the free flow of Persons and Motor Vehicles, or could interfere with the ability to provide emergency services; 7 Unreasonable noise, including loud music or shouting; 8 Unlawful open burning or fireworks; 9 Public disturbances, including public brawls or fights; 10 Outdoor public urination or defecation; and/or 11 Use of or entry upon a roof not intended for such occupancy. k) “Organized Activity(ies)” means any activity which is pre-planned, involves a group of People (twenty five (25) People or more, depending on the particular Site in question, as may be determined by Niagara Region) and which may, or is likely to, constitute a nuisance or limits general public access to a Site, or any activity that involves instruction or training for a group larger than twenty five (25) People, as may be determined by Niagara Region. A Permission to Enter Agreement for an Organized Activity(ies)must be provided to Niagara Region, and appropriate legal documentation must be executed. l) “Permission to Enter Agreement” means an agreement in writing with Niagara Region permitting access to Repurposed Sites for Organized Activity(ies) and to Closed Site and Prohibited Areas, excluding Special Use Trails. An Application for Entrance Permit precedes such an agreement, and is required for any access to Closed Site and Prohibited Areas, excluding Special Use Trails; m) “Person/People” means any individual, corporation, and/or partnership; n) “Pictorial Designation” means a symbolic representation attributable to a particular type of Site or Zone and used for reference in the Appendices attached hereto; o) “Repurposed Site” means a Closed Landfill Site or a part thereof, that has been approved for specified public uses including, but not limited to, uses such as a naturalization site with trails and learning features or leash-free dog park, and/or has had improvements constructed to facilitate the permitted uses and is intended to be open to the public in whole or in part without the need for express written consent from Niagara Region in the form of Permission to Enter Agreement; p) “Service Animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability including physical, psychiatric, intellectual or other mental disability; Page 4 of 17 Page 613 of 817 Bill xx Authorization Reference: PW -C 19-2022; PW 19-2022; Minute Item xx q) “Signage” means a display (such as a lettered board) used to identify or advertise a Site, including but not limited to advising/describing the area, providing a list of allowed and prohibited activities, as well as providing contact information for additional inquiries; r) “Sites” means all Active and Closed Landfill and Repurposed Sites respectively listed and mapped with Zone designations more particularly set forth in Appendix 2 and Appendix 3 to this By-law; s) “Smoke” has the meaning set forth in Niagara Region By-law 112-2013, as amended by By-law No. 2019-52, being A REGIONAL BY-LAW TO PROTECT CHILDREN AND VULNERABLE PERSONS FROM EXPOSURE TO OUTDOOR SECOND-HAND SMOKE; t) “Stroller” means a carriage or other similar non-motorized device used exclusively for the purpose of pushing or pulling babies and/or young children; u) “Vehicle” includes the following: a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car, as well as vehicles designed for travel on land, water (such as jet skis) or air (such as drones), whether motorized or not, but does not include Wheelchairs or Strollers; v) “Wheelchair” means a chair mounted on wheels driven by muscular or any other kind of power that is designed for and used by a Person whose mobility is limited by one or more conditions or functional impairments, and includes motorized wheelchairs; w) “Zone Map” means the division and mapping of a Site into one or more Zones as set forth in Appendix 3 to this By-law, which may be amended from time to time with administrative updates; x) “Zone Regulations” mean those regulations set forth in Part V of this By-law; y) “Zones” means the categories of potential uses for Sites described in Part IV of this By-law. Page 5 of 17 Page 614 of 817 Bill xx Authorization Reference: PW -C 19-2022; PW 19-2022; Minute Item xx PART III – SCOPE 3) Active Sites are governed under By-law 2021-06, as may be amended from time to time, and are included for reference only. Parts IV through VIII of this By-law do not apply to Active Sites. 4) All Zones shall be listed in Appendix 1 to this By-law with a corresponding Alpha- Numerical Designation. Zones within Appendix 1 may be, but are not required to be, further designated by a Pictorial Designation. 5) All types of Sites shall be listed in Appendix 2 to this By-law with an indication therein whether the Site is an Active Site, Closed Site and/or Repurposed Site and including an Alpha-Numerical Designation; 6) All Sites shall be mapped with all applicable Zones illustrated thereon and attached as part of Appendix 3. 7) The only permitted uses within any Site (or part thereof) shall be the permitted uses for the Zone Descriptions illustrated on that Site’s Zone Map. PART IV – ZONE DESCRIPTIONS 8) “Alternative Use” means all permitted uses of a Special Use Zone and any use of any other Zone for a purpose not specifically contemplated by or included in that Zone’s description. 9) “Children’s Science and Nature Zone” means an area within a Repurposed Site used for educational purposes and includes the improvements constructed therein to facilitate such use. 10) “Entrance Zone” means the access road leading from the municipal street into the Parking Zone and orientation centre (the Pavilion Zone). 11) “Leash-Free Dog Park Zone” means an area within a Repurposed Site where dogs are permitted without leashes. 12) “Memorial Zone” means an area within a Repurposed Site, where trees and other vegetation is planted as part of a memorial; and includes the following: Memorial Forest Zone, Mental Health Zone, and COVID-19 Memorial Zone. 13) “Parking Zone” means an area designated within any Site for the purpose of the temporary parking of vehicles for Day Use Visitors only. Page 6 of 17 Page 615 of 817 Bill xx Authorization Reference: PW -C 19-2022; PW 19-2022; Minute Item xx 14) “Pavilion Zone” means the area near the entrance that includes the visitors’ orientation centre. 15) “Picnic Zone” means an area designated within a Repurposed Site for the purpose of picnics. 16) “Prohibited Zone” means an area at any Site where members of the public are prohibited from entering without the express written consent of Niagara Region. 17) “Public Trails and Paths Zone” means trails or pathways within a Repurposed Site where members of the public are permitted to traverse. 18) “Special Use Trail” means a trail which access points are outside of the Sites boundaries. Special Use Trails may cross through Closed Sites or Prohibited Zones. Where Special Use Trails cross through Prohibited Zones or Closed Sites, no Person shall leave the designated trail. 19) “Viewing Zone” means an area within a Repurposed Site identified as desirable for viewing a particular geographical or other feature of interest. PART V – ZONE REGULATIONS 19) No Person shall enter any portion of any Site except in the manner and for the purposes specifically authorized by this By-law. 20) Provided all other regulations applicable to the Zones referenced in this subsection are complied with, members of the public may freely enter into any of the Zones, listed in Appendix 1, for the purposes for which the Zones were created. 21) Without written permission of the Region, in all Zones that permit access by members of the Public, no Person shall partake in the following activities: 1. play or practice golf or strike or throw a golf ball or engage in any sport or game, including any game of chance, such as, but not limited to baseball, football, ball hockey or any other activity deemed by the Director of Waste Management to be dangerous to public safety in any area of the Site; 2. operate any remote-controlled vehicle or toy on land, water or air; 3. dwell, camp, squat, or lodge; 4. smoke; Page 7 of 17 Page 616 of 817 Bill xx Authorization Reference: PW -C 19-2022; PW 19-2022; Minute Item xx 5. light any fire (including any barbecue); 6. picnic, except in a Picnic Zone; 7. swim, bathe or wade in water; 8. ice skate and/or toboggan; 9. bring or discharge any fireworks or weapon; 10.bring or have any animal, including a Service Animal without a leash in any Zones other than a Leash Free Dog Park Zone; 11.fail to remove immediately any feces left by an animal brought or had upon any Site; 12.bring or consume any alcoholic beverage; 13.be under the influence of alcohol or drugs; 14.fish for, disturb, molest, injure, kill, move or remove any animal, fish, bird or bird's nest or egg; 15.hunt, trap, or otherwise interfere with any animal, fish, bird, bird’s nest (including eggs); 16.climb, cut, break, injure, deface, paint, mark, write upon, move, remove, add, or alter any building, equipment, sign, trail, infrastructure, or nature (such as trees, flowers, plants, etc.); 17.introduce any plant, animal and/or fish to the Site; 18.leave any refuse or any personal items upon land, water or air, except in receptacles provided for that purpose; 19.sell, offer for sale, purchase or offer to purchase any good or service; 20.distribute or post any advertising; 21.indulge in any riotous, boisterous, threatening or indecent conduct or use abusive, threatening or profane language or accost, annoy or interfere with any other Person. Indecent conduct shall include but not be limited to indecent exposure, urination and defecation; 22.create a nuisance (as defined above); 23.except in the Parking Zone, during posted opening hours, bring or operate any Vehicle; 24.bring, leave, or operate any snow mobile, or other all-terrain vehicle into the Site; 25.be upon any Site outside the posted hours of operation, if any, found at the Site or be upon any Site for any reason, whether or not posted, between the hours of 9:00 p.m. and 6:00 a.m. local time from May to October; and 6:00 p.m. and 8:00 a.m. from November to April; and/or Page 8 of 17 Page 617 of 817 Bill xx Authorization Reference: PW -C 19-2022; PW 19-2022; Minute Item xx 26. engage in any Organized Activity, as defined above, without written permission from Niagara Region. 22) The following Zone specific rules apply to the following Zones: a) Parking Zone i. Only a Day Use Visitor shall park and/or leave a Vehicle in the Parking Zone. ii. Any and all Vehicle(s) parked or left in a Parking Zone shall abide by a two (2) hour maximum time limit. iii. For clarity no Person shall enter and park within the Parking Zone for any use other than access to a Site that is ancillary to the undertaking of another permitted activity within the Site or a part thereof. iv. No Person shall park or leave a Vehicle in the Parking Zone outside posted hours of operation. v. No Person shall park or leave a Vehicle outside of the designated Parking Zone or in any other area(s) of the Site. b) Children’s Science and Nature Zone i. Users shall supervise al l children under the age of 16 years old in their care, which shall also include dependents of any age, whilst using the Children’s Science and Nature Zone. c) Leash-Free Dog Park Zone i. Users may only use the zone during Site operating hours. ii. Users must keep their dogs within sight and be verbally in control of their dogs at all times and ensure that their dogs by their actions do not intimidate or threaten other people or dogs. iii. Users must ensure their dogs have up to date vaccinations, licenses and dog tags. iv. Users must leash their dogs at all times before entering and after exiting the fenced area. v. Users shall supervise all children under the age of 16 years old in their care. vi. Users shall not bring in glass containers or food. vii. Users must remove any waste produced by their dog. viii. Users shall not bring in dogs under the age of 4 months old, dogs in heat, sick dogs or dogs that require muzzling for the safety of other users. Page 9 of 17 Page 618 of 817 ix. Users will be subject to the Dog Owners Liability Act and all applicable laws including municipal by-law. x. Users will be liable for any potential injuries or harm caused to the dog, such as dog bites and/or ticks; xi. Users will not allow their dogs to chase wildlife, and will take all reasonable steps to stop their dogs from chasing wildlife. d) Prohibited Zone i. No Person shall enter a Prohibited Zone without the express written consent of Niagara Region and if requested shall, prior to entry, execute a Permission to Enter Agreement and provide such insurance and other security, all in a form approved by the Niagara Region Director of Legal and C ourt Services, the Director of Waste Management, and/or their delegates, as required by Niagara Region. ii. Prohibited Zones may appear to be overlapped in Zone illustrations attached as Appendix 3 by other specific Zones created by this By-law. iii. To the extent an overlapping of Zones exists on such a map, the rules of the most permissive Zone shall apply. e) Public Trails and Paths Zone i. Running and jogging within a Public Trail Zone shall be permitted only on trails marked in yellow on a Zone Map. ii. All running, jogging, and/or hiking are solely at the risk of the Person undertaking the activity. iii. Organized Activities shall require an executed Permission to Enter Agreement with Niagara Region. The organizer shall endeavour to provide a minimum of ten (10) calendar days’ notice prior to such an event. No additional maintenance shall occur, aside for the routine maintenance, in preparation for any such Organized Activity, unless specifically negotiated with Niagara Region. f) Special Use Trail i. A person may enter a site on a Special Use Trail. Special Use Trails may cross through closed sites or prohibited zones. Only on Special Use Trails is access through the Site Permitted. No person shall leave the designated trail and enter into Prohibited Zones. Bill xx Authorization Reference: PW -C 19-2022; PW 19-2022; Minute Item xx Page 10 of 17 Page 619 of 817 Bill xx Authorization Reference: PW -C 19-2022; PW 19-2022; Minute Item xx g) Viewing Zone i. No Person shall climb over the wooden railing along a boardwalk, or become close enough to any body of water or sharp drop-off or cliff if such proximity would endanger any Site user including the user approaching the prohibited limit. A standard of a reasonable Person shall apply to determining in the whole of the circumstances what distance would endanger a user. Without limiting the forgoing, approaching closer than 1 metre to a body of water or prohibited incline, or approaching closer than permitted by posted signage shall in all cases be deemed to endanger a user. PART VI – GUIDELINES FOR CONSIDERATION OF NEW USES 23) The Director of Waste Management (the “Director”) or designate may, in their unfettered discretion, permit or refuse access to a Special Use Trail or Alternative Uses within other Zones. 24) The Director shall, as a condition of permitting access to an Alternative Use Zone within another Zone or use of any Site for an Organized Activity, require that the proposed user/organizer, execute a Permission to Enter Agreement (the organizer shall provide a minimum of ten (10) calendar days’ notice prior to the date of the Organized Activity) and provide such insurance and other security as the Director considers necessary after consultation with the Director of Legal and Court Services or delegate. 25) Should the required minimum ten (10) calendar days’ notice not be provide to the Region, the request to undertake an Alternative Zone Use or Organized Activity will be rejected unless the Director waives the requirement in the Directors sole unfettered discretion. Waiving one or more instances of non-compliance shall not obligate the Director to waive compliance with respect to any other request. 26) The Permission to Enter Agreement required by this Part shall be in a form approved by the Director of Legal and Court Services or their delegate. 27) A Permission to Enter Agreement is required for a Prohibited Zone, Organized Activities, the operation of drones, and/or as may be required by Niagara Region from time to time. 28) The Director, when exercising the Director’s discretion, shall consider, at a minimum, the following: Page 11 of 17 Page 620 of 817 Bill xx Authorization Reference: PW -C 19-2022; PW 19-2022; Minute Item xx a) Protection of infrastructure (integrity of landfill cover/vegetation, condition of trails, monitoring wells, etc.); b) Risk to Niagara Region from anyone participating or a spectator being injured; c) Conflict with regular Day Use Visitor of the Site (how the proposed use affects the regular users from a temporary shut-down of the Site); d) Nuisance caused by the special event and/or Organized Activity(ies); e) Type of activity and potential effects on the Site (potential damage to trails and infrastructure and suitability of the Site for the type of activity); f) The extent to which any restoration of the Site to its original form will be required, and the ability and willingness of the applicant requesting the Alternative Use to restore after the special event based on plans submitted for such restoration; g) An applicant may be responsible for a “restoration deposit” depending on the nature of the special event to take place. Such a requirement will be discussed with the applicant prior to sign-off; and h) Ability and willingness of applicant requesting the special event to promote recycling and diversion at their event. PART VII – ENFORCEMENT 27) The Commissioner of Public Works of Niagara Region may, from time to time, appoint employees, contractors and agents of Niagara Region for the purpose of enforcing this By-law. 28) Police officers and Municipal Law Enforcement Officers are hereby authorized to enforce this By-law. 29) Any police officer, police cadet, Municipal Law Enforcement Officer, or any other officer appointed by Niagara Region for carrying out the provisions and enforcement of this By-law, may upon discovery of any property (including but not restricted to a Motor Vehicle) in contravention of the provisions of this By-law, cause it to be moved or taken to and placed or stored in a suitable place. All associated costs, shall be a lien upon the Vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act. RSO 1990, c. 25. Page 12 of 17 Page 621 of 817 Bill xx Authorization Reference: PW -C 19-2022; PW 19-2022; Minute Item xx PART VIII – OFFENCES, PENALTIES, AND FINES 30) Any Person who contravenes any provision of this By-law is guilty of an offence, and upon conviction, is liable to a fine as provided in the Provincial Offences Act, RSO. 1990, c. P 33, as amended. 31) Set fines for contraventions of the provisions of this By-law, shall be as set forth in Appendix 4 forming part of this By-law. 32) Administrative penalties applicable to contraventions of the provisions of this Bylaw related to prohibited parking, shall be such penalties as are prescribed by bylaw from time to time by the local municipality in which the Site is located with respect to private parking and with the consent of the local municipality, enforced by that municipality in accordance with its by-laws. PART IX -VALIDITY 33) Except as otherwise specified in this By-law, this By-law shall come into force and effect on the date passed by Regional Council. 34) If a court of competent jurisdiction declares any provision, or any part of a provision, of this By-law to be invalid, or to be of no force and effect, it is the intention of the Council in enacting this By-law, that each and every other provision of this By-law authorized by law, be applied and enforced in accordance with its terms to the extent possible according to law. 35) By-law 83-2016, being a by-law to regulate access to closed landfill and repurposed sites owned by The Regional Municipality of Niagara is hereby revoked and repealed. 36) This By-law, By-law xx-2022, shall replace said revoked and repealed By-law. Page 13 of 17 Page 622 of 817 Bill xx Authorization Reference: PW -C 19-2022; PW 19-2022; Minute Item xx THE REGIONAL MUNICIPALITY OF NIAGARA Original signed by: Regional Chair Original signed by: Regional Clerk Passed: xx xx, 2022 Page 14 of 17 Page 623 of 817 Bill xx Authorization Reference: PW -C 19-2022; PW 19-2022; Minute Item xx APPENDIX 1 Listing of Zones Alpha-Numerical Designation Name of Zones ENZ Entrance Zone PAZ Pavilion Zone PRZ Parking Zone CSZ Children’s Science and Nature Zone LDZ Leash-Free Dog Park Zone MZ Memorial Zone PCZ Picnic Zone PTZ Public Trails and Paths Zone VWZ Viewing Zone SUT Special Use Trail PHZ Prohibited Zone Page 15 of 17 Page 624 of 817 Bill xx Authorization Reference: PW -C 19-2022; PW 19-2022; Minute Item xx APPENDIX 2 List of Sites Repurposed Sites R1) Glenridge Quarry Naturalization Site R2) Centre St. Leash Free Dog Park R3) Elm St. Leash Free Dog Park and Naturalization Site R4) Station Road Naturalization Site Closed Sites C1) Mountain Road Landfill Site C2) Quarry Road Landfill Site C3) Line 5 Landfill Site C4) Caistor Road Landfill Site C5) Perry Road Landfill Site C6) Park Road Landfill Site C7) Winger Road landfill Site Active Sites A1) Bridge St. Residential Waste & Recycling Drop Off Depot A2) Humberstone Landfill Site A3) Niagara Road 12 Landfill Site Page 16 of 17 Page 625 of 817 Bill xx Authorization Reference: PWC-C xx-2022; PWC xx-2022; Minute Item xx APPENDIX 3 MAPS (Attached) Appendix 4 Set Fines (Attached) Page 626 of 817 PW 19-2022 Appendix 4 Set Fines Part 1: Provincial Offences Act Note: The penalty provision for offences indicated is Section 61 ITEM COLUMN 1 Short Form Wording COLUMN 2 Offence Creating Provision COLUMN 3 Set Fine (Include Costs) 1. Engage in dangerous sports Section 21) 1) $100.00 2. Operate any remote-controlled vehicle or toy on land, water or air Section 21) 2) $100.00 3. Camp, dwell, squat or lodge Section 21) 3) $100.00 4. Smoke Section 21) 4) $100.00 5. Light any fire including barbeque Section 21) 5) $100.00 6. Picnic except in the Picnic Zone Section 21) 6) $100.00 7. Swim, bathe or wade in water Section 21) 7) $100.00 8. Ice skate or toboggan Section 21) 8) $100.00 9. Bring or discharge fireworks or weapon Section 21) 9) $300.00 10 Bring or have any animal without leash Section 21) 10) $100.00 11 Fail to remove immediately any feces left by an animal brought or had upon the Site Section 21) 11) $100.00 12 Bring or consume any alcoholic beverage Section 21) 12) $100.00 13 Be under the influence of alcohol or drugs Section 21) 13) $100.00 14 Fish for, disturb, molest, injure, kill, move or remove any animal, fish, bird or bird’s nest or egg Section 21) 14) $100.00 15 Hunt, trap or interfere with any animal, fish, bird or nest Section 21) 15) $500.00 16 Climb, cut, break, injure, deface, paint, mark, write upon, move, remove, add, or alter any building, equipment, sign, trail, infrastructure or plant Section 21) 16) $300.00 17 Introduce any plant, animal and/or fish Section 21) 17) $100.00 18 Leave any refuse or Personal items upon land or water except in receptacles provided for that purpose Section 21) 18) $100.00 19 Sell, offer to sell, purchase or offer to purchase any good or service Section 21) 19) $100.00 20 Distribute or post any advertising Section 21) 20) $100.00 21 Indulge in any riotous, boisterous, threatening or indecent conduct or use abusive, threatening or profane language or accost, annoy or interfere with any other Person Section 21) 21) $100.00 Page 627 of 817 PW 19-2022 Appendix 4 22 Create a nuisance Section 21) 22) $100.00 23 Bring or operate a Vehicle, except the Parking Zone Section 21) 23) $100.00 24 Be upon the site outside the posted hours of operation Section 21) 24) $100.00 25 Engage in any Organized Activity, without written permission from Niagara Region Section 21) 25) $100.00 26 Bring or operate a snow mobile or all-terrain vehicle on the Site Section 21) 26) $200.00 Page 628 of 817 PW 19-2022 Appendix 5 Closed Landfill and Repurposed Site Maps Page 629 of 817 PublishedMarch 2022Index Map© 2022 Niagara Region and its suppliers. Projection is UTM, NAD 83, Zone 17 CSRS. This map was compiled from various data sources and is current as of March 2022. Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. King StreetFly Road ThirtyRoadJordanRoadDominion RoadWellandportRoadBis m a r k R o a d York Road Lake s hore R o a d Mud Street W e s t Sodom RoadVictoria AvenueNiagara StoneRoadForks Road MillerRoadT w e nty Mile R oad Four M i leCreek RoadMountainStreetThoroldTownline Road Garrison Road QEW 3 57 420 140 58 27 405 406 58A L a k e O n t a r i o L a k e E r i e Hamilton New York Haldimand C4 R2 R3 R1 C3 C1C6C2 C7 R4 C5 !I01020305 km Public Access to Closed and Repurposed Landfill Sites - By-law Locations R1 - Glenridge Quarry Naturalization Site R2 - Centre Street Leash Free Dog Park R3 - Elm Street Leash Free Dog Park and Naturalization Site R4 - Station Road Naturalization Site C1 - Mountain Road Landfill Site C2 - Quarry Road Landfill Site C3 - Line 5 Landfill Site C4 - Caistor Road Landfill Site C5 - Perry Road Landfill Site C6 - Park Road Landfill Site C7 - Winger Road Landfill Site Closed Landfill and Repurposed Sites By-lawPage 630 of 817 Saint D a vi d' s R o a dGlenridge AvenueSir I s a ac Brock W a yNorthcliff DriveLockhart Dri v e 406 PublishedMarch 2022Site Map© 2022 Niagara Region and its suppliers. Projection is UTM, NAD 83, Zone 17 CSRS. Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. !I0200400600100 m R1 - Glenridge Quarry Naturalization SiteGrimsby Lincoln St. Catharines Niagara-on-the-Lake Niagara Falls Thorold Welland Pelham West Lincoln Wainfleet Port Colborne Fort Erie Glenridge Quarry Naturalization Site PHZ - Prohibited Zone - No Public Access ENZ - Entrance Zone PRZ - Parking Zone CSZ - Children's Science and Nature Zone PCZ - Picnic Zone VWZ - Viewing Zone PAZ - Pavilion Zone MZ - Memorial Zone PTZ - Public Trails and Paths Zone - Loop Trail SUT - Special Use Trail - Bruce Trail PTZ - Public Trails and Paths Zone - Meadow Trail PTZ - Public Trails and Paths Zone - Summit Overlook Trail PTZ - Public Trails and Paths Zone - Children's Science and Nature Area PTZ - Public Trails and Paths Zone - Secondary Path Provincial Road Regional Road Municipal/Private Road 1860 Sir Isaac Brock Way Page 631 of 817 Highway 20 WestCentre StreetPublishedMarch 2022Site Map© 2022 Niagara Region and its suppliers. Projection is UTM, NAD 83, Zone 17 CSRS. Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. !I0408012020 m R2 - Centre Street Leash Free Dog ParkGrimsby Lincoln St. Catharines Niagara-on-the-Lake Niagara Falls Thorold Welland Pelham West Lincoln Wainfleet Port Colborne Fort Erie Centre Street Leash Free Dog Park PHZ - Prohibited Zone - No Public Access ENZ - Entrance Zone PRZ - Parking Zone LDZ - Leash Free Dog Park Zone PAZ - Pavilion Zone PTZ - Public Trails and Paths Zone - Main Trail Regional Road Municipal/Private Road 1515 Centre Street Page 632 of 817 ElmStreetInvertose Drive 58 PublishedMarch 2022Site Map© 2022 Niagara Region and its suppliers. Projection is UTM, NAD 83, Zone 17 CSRS. Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. !I0 100 200 30050 m R3 - Elm Street Leash Free Dog Park and Naturalization SiteGrimsby Lincoln St. Catharines Niagara-on-the-Lake Niagara Falls Thorold Welland Pelham West Lincoln Wainfleet Port Colborne Fort Erie Elm Street Leash Free Dog Park and Naturalization Site PHZ - Prohibited Zone - No Public Access ENZ - Entrance Zone PRZ - Parking Zone LDZ - Leash Free Dog Park Zone PAZ - Pavilion Zone PTZ - Public Trails and Paths Zone - Main Trail Storage Facility - Entry Prohibited 1700 Elm Street Page 633 of 817 Station RoadBrawn RoadPublishedMarch 2022Site Map© 2022 Niagara Region and its suppliers. Projection is UTM, NAD 83, Zone 17 CSRS. Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. !I0 100 200 30050 m R4 - Station Road Naturalization SiteGrimsby Lincoln St. Catharines Niagara-on-the-Lake Niagara Falls Thorold Welland Pelham West Lincoln Wainfleet Port Colborne Fort Erie Station Road Naturalization Site PHZ - Prohibited Zone - No Public Access ENZ - Entrance Zone PTZ - Public Trails and Paths Zone - Main Trail Gord Harry Rail Trail Niagara Peninsula Conservation Authority Parking Lot Regional Road Municipal/Private Road 12052 Station Road Page 634 of 817 Mountain R o a d Mewburn Road Dorchester RoadOldenAvenueQEW © 2022 Niagara Region and its suppliers. Projection is UTM, NAD 83, Zone 17 CSRS. Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map.PublishedMarch 2022Site Map!I0200400 600100 m C1 - Mountain Road Landfill SiteGrimsby Lincoln St. Catharines Niagara-on-the-Lake Niagara Falls Thorold Welland Pelham West Lincoln Wainfleet Port Colborne Fort Erie Public access prohibited except on Special Use Trail. Mountain Road Landfill Site SUT - Special Use Trail - Laura Secord Trail Storage Facility - Entry Prohibited PHZ - Prohibited Zone Provincial Road Regional Road Municipal/Private Road2530 Mewburn Road Page 635 of 817 Aberdeen RoadQuarry RoadPublishedMarch 2022Site Map© 2022 Niagara Region and its suppliers. Projection is UTM, NAD 83, Zone 17 CSRS. Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. !I0 100 200 30050 m C2 - Quarry Road Landfill SiteGrimsby Lincoln St. Catharines Niagara-on-the-Lake Niagara Falls Thorold Welland Pelham West Lincoln Wainfleet Port Colborne Fort Erie Public access prohibited except on Special Use Trail. Quarry Road Landfill Site SUT - Special Use Trail - Bruce Trail PHZ - Prohibited Zone Municipal/Private Road 3768 Quarry Road (Rear)Page 636 of 817 Line 5 Road Concession 5 RoadPublishedMarch 2022Site Map© 2022 Niagara Region and its suppliers. Projection is UTM, NAD 83, Zone 17 CSRS. Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. !I0 100 200 30050 m C3 - Line 5 Landfill SiteGrimsby Lincoln St. Catharines Niagara-on-the-Lake Niagara Falls Thorold Welland Pelham West Lincoln Wainfleet Port Colborne Fort Erie Public access prohibited. Line 5 Landfill Site PHZ - Prohibited Zone Municipal/Private Road 606 Line 5 Road Page 637 of 817 Abingdon RoadConc e s s i o n 3 R o a d PublishedMarch 2022Site Map© 2022 Niagara Region and its suppliers. Projection is UTM, NAD 83, Zone 17 CSRS. Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. !I0200400600100 m C4 - Caistor Road Landfill SiteGrimsby Lincoln St. Catharines Niagara-on-the-Lake Niagara Falls Thorold Welland Pelham West Lincoln Wainfleet Port Colborne Fort Erie Public access prohibited. Caistor Road Landfill Site PHZ - Prohibited Zone Municipal/Private Road 9064 Concession 3 Road Page 638 of 817 Priestman RoadWillford Road Traver RoadPublishedMarch 2022Site Map© 2022 Niagara Region and its suppliers. Projection is UTM, NAD 83, Zone 17 CSRS. Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. !I010020030050 m C5 - Perry Road Landfill SiteGrimsby Lincoln St. Catharines Niagara-on-the-Lake Niagara Falls Thorold Welland Pelham West Lincoln Wainfleet Port Colborne Fort Erie Public access prohibited. Perry Road Landfill Site PHZ - Prohibited Zone Municipal/Private Road 52650 Willford Road Page 639 of 817 Mud St r e e t E a s t Park Road SouthSobie R o a d PublishedMarch 2022Site Map© 2022 Niagara Region and its suppliers. Projection is UTM, NAD 83, Zone 17 CSRS. Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. !I0 200 400 600100 m C6 - Park Road Landfill SiteGrimsby Lincoln St. Catharines Niagara-on-the-Lake Niagara Falls Thorold Welland Pelham West Lincoln Wainfleet Port Colborne Fort Erie Public access prohibited. Park Road Landfill Site PHZ - Prohibited Zone Regional Road Municipal/Private Road 421 Park Road South Page 640 of 817 Ridge R oadNorth Far m R o a dWinger RoadPublishedMarch 2022Site Map© 2022 Niagara Region and its suppliers. Projection is UTM, NAD 83, Zone 17 CSRS. Niagara Region makes no representations or warranties whatsoever, either expressed or implied, as to the accuracy, completeness, reliability, currency or otherwise of the information shown on this map. !I0200400600100 m C7 - Winger Road Landfill SiteGrimsby Lincoln St. Catharines Niagara-on-the-Lake Niagara Falls Thorold Welland Pelham West Lincoln Wainfleet Port Colborne Fort Erie Public access prohibited. Winger Road Landfill Site PHZ - Prohibited Zone Municipal/Private Road 1800 Winger Road Page 641 of 817 Page 642 of 817 Page 643 of 817 Page 644 of 817 Page 645 of 817 Page 646 of 817 Page 647 of 817 Page 648 of 817 Page 649 of 817 Page 650 of 817 Page 651 of 817 Page 652 of 817 Page 653 of 817 Page 654 of 817 Page 655 of 817 Page 656 of 817 Page 657 of 817 Page 658 of 817 Page 659 of 817 Page 660 of 817 Page 661 of 817 Page 662 of 817 Page 663 of 817 Page 664 of 817 Page 665 of 817 Page 666 of 817 Page 667 of 817 Page 668 of 817 Page 669 of 817 Page 670 of 817 Page 671 of 817 Page 672 of 817 Page 673 of 817 Page 674 of 817 Page 675 of 817 Page 676 of 817 Page 677 of 817 Page 678 of 817 Page 679 of 817 Page 680 of 817 Page 681 of 817 Page 682 of 817 Page 683 of 817 Page 684 of 817 Page 685 of 817 Page 686 of 817 Page 687 of 817 Page 688 of 817 Page 689 of 817 Page 690 of 817 Page 691 of 817 Page 692 of 817 Page 693 of 817 Page 694 of 817 Page 695 of 817 Page 696 of 817 Page 697 of 817 Page 698 of 817 Page 699 of 817 Page 700 of 817 Page 701 of 817 Page 702 of 817 Page 703 of 817 Page 704 of 817 Page 705 of 817 Page 706 of 817 Page 707 of 817 Page 708 of 817 Page 709 of 817 Page 710 of 817 Page 711 of 817 Page 712 of 817 Page 713 of 817 Page 714 of 817 Page 715 of 817 Page 716 of 817 Page 717 of 817 Page 718 of 817 Page 719 of 817 Page 720 of 817 Page 721 of 817 Page 722 of 817 Page 723 of 817 Page 724 of 817 Page 725 of 817 Page 726 of 817 Page 727 of 817 Page 728 of 817 Page 729 of 817 Page 730 of 817 Page 731 of 817 Page 732 of 817 Page 733 of 817 Page 734 of 817 Page 735 of 817 Page 736 of 817 Page 737 of 817 Page 738 of 817 Page 739 of 817 Page 740 of 817 AMANDA FUSCO Director of Legislated Services & City Clerk Corporate Services Department Kitchener City Hall, 2nd Floor 200 King Street West, P.O. Box 1118 Kitchener, ON N2G 4G7 Phone: 519.741.2200 x 7809 Fax: 519.741.2705 amanda.fusco@kitchener.ca TTY: 519-741-2385 May 31, 2022 Honourable Steve Clark Minister of Municipal Affairs and Housing 17th Floor, 777 Bay Street Toronto ON M5G 2E5 Dear Mr. Clark: This is to advise that City Council, at a meeting held on May 9, 2022, passed the following resolution: "WHEREAS the Province of Ontario adopted greenhouse gas reduction targets of 30% by 2030, and emissions from buildings represented 22% of the province’s 2017 emissions, WHEREAS all Waterloo Region municipalities, including the City of Kitchener, adopted greenhouse gas reduction targets of 80% below 2012 levels by 2050 and endorsed in principle a 50% reduction by 2030 interim target that requir es the support of bold and immediate provincial and federal actions, WHEREAS greenhouse gas emissions from buildings represent 45% of all emissions in Waterloo Region, and an important strategy in the TransformWR community climate action strategy, adopted by all Councils in Waterloo Region, targets new buildings to be net-zero carbon or able to transition to net-zero carbon using region-wide building standards and building capacity and expertise of building operators, property managers, and in the design and construction sector, WHEREAS the City of Kitchener recently adopted a policy requiring new City buildings greater than 500m2 to have an energy intensity -based target of 25% energy improvement above Ontario Building Code Regulation 388/18 or NetZero Ready/NetZero energy, where site conditions allow; WHEREAS buildings with better energy performance provide owners and occupants with lower energy bills, improved building comfort, and resilience from power disruptions that are expected to be more common in a changing climate, tackling both inequality and energy poverty; Page 741 of 817 -2- WHEREAS while expensive retrofits of the current building stock to achieve future net zero requirements could be aligned with end -of-life replacement cycles to be more cost-efficient, new buildings that are not constructed to be net zero ready will require substantial retrofits before end-of-life replacement cycles at significantly more cost, making it more cost-efficient to build it right the first time. THEREFORE BE IT RESOLVED THAT Council request the Province of Ontario to include energy performance tiers and timelines for increasing minimum energy performance standards step-by-step to the highest energy performance tier in the next edition of the Ontario Building Code, consistent with the intent of the draft National Model Building Code and the necessity of bold and immediate provincial action on climate change; THEREFORE BE IT RESOLVED THAT Council request the Province of Ontario to adopt a more ambitious energy performance tier of the draft National Model Building Code as the minimum requirement for the next edition of the Ontario Building Code than those currently proposed; THEREFORE BE IT RESOLVED THAT Council request the Province of Ontario encourage and provide authority to municipalities to adopt higher energy performance tiers than the Ontario Building Code and Green Development Standards; THEREFORE BE IT FURTHER RESOLVED THAT Council request the Province of Ontario to facilitate capacity, education and training in the implementation of the National Model Building Code for municipal planning and building inspection staff, developers, and homebuilders to help build capacity; and THEREFORE BE IT FINALLY RESOLVED THAT this resolution be provided to the Minister of Municipal Affairs and Housing, to area MPPs, and to all Ontario Municipalities." Yours truly, A. Fusco Director of Legislated Services & City Clerk Page 742 of 817 Community Services Legislative Services May 31, 2022 File #120203 Sent via email: Justin.trudeau@parl.gc.ca The Right Honourable Justin Trudeau, Prime Minister of Canada House of Commons Ottawa, ON K1A 0A6 Honourable and Dear Sir: Re: Federal Government’s Plans to Tax Vacant Foreign Owned Properties Please be advised the Municipal Council of the Town of Fort Erie at its meeting of May 30, 2022 passed the following resolution: Whereas the Federal Government proposed a tax on vacant non -resident foreign owned properties in the 2021 budget, and Whereas the intent of this tax is to reduce speculation in the real estate market which is believed to contribute to housing unaffordability in Canada, and Whereas Fort Erie and other vacation destinations across Ontario have a high number of non-resident American-owned vacation properties that are vacant during the tourism off- season during the winter months, and Whereas the Federal Government signaled their intent to exempt non -resident foreign owned vacation properties in Canada so long as they meet certain requirements including being located in a Census Agglomeration with a population of less than 30,000 people, and Whereas Fort Erie and numerous other seasonal vacation destinations across Southern Ontario are in Census Metropolitan Areas and Census Agglomerations with populations well in excess of 30,000 people despite the communities themselves being small and medium - sized municipalities, and Whereas Fort Erie and other communities across Ontario have a long history of being a vacation destination for American visitors, many of which have owned the same property for generations, and would be taxed yearly on their assessed value of their vacation property based on this proposal, and …/2 Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive, Fort Erie ON L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Web-site: www.forterie.ca Page 743 of 817 The Right Honourable Justin Trudeau, Prime Minister of Canada Page two Whereas vacant property taxes would be allocated to the general revenues of the federal government and not directly benefit the municipalities where these properties are located and serviced, and Whereas vacation properties that are seasonally vacant do not contribute to the speculation that is believed to contribute to housing unaffordability in Canada, Now therefore be it resolved, That: The Municipal Council of the Town of Fort Erie requests the Federal Government to review the proposed exemption framework for seasonal vacation properties to better reflect the reality of where these properties are located and how they are used, and further That: This resolution be circulated to The Right Honourable Just in Trudeau, Prime Minister of Canada, The Honourable Chrysta Freeland, Deputy Prime Minister of Canada and Minister of Finance, the Honourable Diane Lebouthillier, Minister of National Revenue (Canada), Tony Baldinelli, Member of Parliament for Niagara Falls, the Association of Municipalities of Ontario, and all municipalities located in Ontario. Thank you for your attention to this matter. Yours very truly, Carol Schofield, Dipl.M.A. Manager, Legislative Services/Clerk cschofield@forterie.ca CS:dlk c.c. The Honourable Chrystia Freeland, Deputy Prime Minister of Canada and Minister of Finance chrystia.freeland@parl.gc.ca The Honourable Diane Lebouthillier, Minister of National Revenue (Canada) diane.lebouthillier@parl.gc.ca Tony Baldinelli, MP, Niagara Falls tony.baldinelli@parl.gc.ca Association of Municpialities of Ontario AMO@amo.on.ca All Ontario Municipalities Page 744 of 817 Community Services Legislative Services May 31, 2022 File #120203 The Right Honourable Justin Trudeau Prime Minister House of Commons Ottawa, ON K1A 0A6 Justin.trudeau@parl.gc.ca The Honourable Doug Ford Premier of Ontario Legislative Building, Queen's Park Toronto, ON M7A 1A1 premier@ontario.ca Honourable and Dear Sirs: Re: Bidding Wars on Apartment Rentals The Municipal Council of the Town of Fort Erie at its meeting of May 30, 2022 passed the following resolution: Whereas Canada’s housing market has not only made it difficult for many Canadians to afford to purchase a home but also to rent apartments, and Whereas there is a disconnect between affordability of housing and apartment rentals versus wages that have not kept pace with them nor has it kept pace with inflation, cost of living expenses, the rising costs of goods & services including – food, gas and utility, and Whereas Ontario has now become the least affordable jurisdiction suffering the worst erosion in the last 50 years, and Whereas many Canadians continue to be locked out of the housing & rental market for many reasons including the affordability of a down payment, rising inflation rates, and the escalation of bidding wars, and Whereas bidding wars do not stop at home purchases but have now transitioned to apartment rentals as a ripple effect of the real estate market, and Whereas there is a profound psychological effect to those individuals who continue to be shut out of the housing and rental market as a direct result, and Whereas both blind bids and open bids are bad for the housing and apartment market which can lead to a housing bubble, and while blind bids offer no transparency, both types create unrealistic values that helps the seller and the rental owner but hurts the purcha ser and renter, and …2 Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive, Fort Erie ON L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Web-site: www.forterie.ca Page 745 of 817 The Right Honourable Justin Trudeau, Prime Minister Page two The Honourable Doug Ford, Premier of Ontario Whereas there are multiple sites that encourage and teach how to win at bidding wars, and Whereas there is no comprehensive data or statistics that currently tracks prices for rentals, and Whereas the Government of Ontario will be introducing new legislation with respect to blind bidding only which does not prohibit the seller from entering into a bid ding war but, rather, would give sellers the option to "opt for an open offer process”, and Whereas the changes to the Trust in Real Estate Services Act provides an advantage to the seller(s) and largely weakens opportunities of the buyer and renter further adding to the disparity between the two; Now therefore, be it resolved, That: Both the Federal & Provincial Governments enact legislation that prevents both open and closed bidding on both rental units and residential sales, and further That: Both the Federal & Provincial Government prohibit sales beyond the list price, and further That: A copy of this resolution be circulated to The Right Honourable Justin Trudeau, The Honourable Doug Ford, Premier of Ontario, All Members of Parliament, All Members of Provincial Parliament, and all Municipalities for their support. References: https://www.truenorthmortgage.ca/blog/how-the-blind-offer-is-hurting-the-canadian-housing-market https://www.cbc.ca/news/bidding-wars-to-rent-a-house-in-ontario-tenants-and-agents-say-it-s-a-new-reality-1.6094412 https://nationalpost.com/news/canada/extremely-stressful-bidding-wars-no-longer-limited-to-purchase-of-houses-now-its- rentals-too https://www.blogto.com/real-estate-toronto/2022/04/ontario-new-regulations-bidding-wars-homes/ https://www.cp24.com/news/ontario-to-allow-new-home-sales-tactic-that-would-change-the-bidding-process- 1.5867054?cache=yesclipId104062%2F7.493183 https://www.ontario.ca/laws/statute/s20001 https://www.gensqueeze.ca/housing_affordability_analysis Thank you for your attention to this matter. Yours very truly, Carol Schofield, Dipl.M.A. Manager, Legislative Services/Clerk cschofield@forterie.ca CS:dlk c.c. All Members of Parliament All Members of Provincial Parliament All Ontario Municipalities Page 746 of 817 Community Services Legislative Services May 31, 2022 File #120203 Sent via email: Justin.trudeau@parl.gc.ca The Right Honourable Justin Trudeau, Prime Minister of Canada House of Commons Ottawa, ON K1A 0A6 Honourable and Dear Sir: Re: ArriveCAN & COVID-19 Travel Measures to Enter Canada Please be advised the Municipal Council of the Town of Fort Erie at its meeting of May 30, 2022 passed the following resolution: Whereas according to the Ontario Chamber of Commerce, tourism is a vital component of Ontario’s economy with over $36 billion dollars of the province’s gross domestic product directly related to that industry; and Whereas according to Niagara Economic Development, over two billion dollars annually are injected into Niagara’s local economy, with 40,000 to 60,000 local jobs across the Region tied directly to the tourism industry; and Whereas half of that tourism revenue generated in Niagara comes from American visitors to our Region who cross the Canada-US land border; and Whereas a growing number of Canadian Infectious Disease physicians have questioned the utility and necessity of continuing COVID-19 travel measures, applications and mandates in an era of high community immunity and the Omicron variant infecting and transmitting among the vaccinated and unvaccinated alike; and Whereas compulsory use of the ArriveCAN application to enter Canada at the land bor der acts as a barrier to tourism recovery for many reasons which include but are not necessarily limited to inequitable access to the technology necessary to use the app, unfamiliarity with the app, and information requested by the app changes and may not be available for entry; and Whereas all COVID-related travel and border mandates required for entry to Canada act as a barrier and disincentive to tourism recovery in the Region of Niagara and the Province of Ontario by creating delays at ports of entry and apprehension about the state of rules and …/2 Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive, Fort Erie ON L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Web-site: www.forterie.ca Page 747 of 817 The Right Honourable Justin Trudeau, Prime Minister of Canada Page two how they may apply to any individual in an era where these delays and apprehension are no longer required or necessary; and Whereas according to observations by the international bridge authorities operating in Niagara, approximately half of the normal volume of traffic entering Canada use these crossings, with the majority of these returning Canadians rather than American visitors; and Whereas due to much less stringent measures at the United States land border, Canadians can easily travel to the United States for tourism and recreation purposes without a reciprocal return of American visitors to Canada; and Whereas jurisdictions that have embraced post-COVID tourism recovery have seen tourism revenue and activity rise to levels above those seen prior to COVID – an economic windfall which would benefit Niagara and other municipalities across Ontario but which is not being seen due to COVID-related border mandates and measures that remain; Now therefore be it resolved, That: The Municipal Corporation of the Town of Fort Erie requests that the Government of Canada immediately return all travel requirements and land ports of entry to pre -pandemic operation, which includes but is not necessarily limited to the removal of all COVID -related public health mandates and measures, returning to pre-pandemic staffing levels, as well as no longer requiring compulsory usage of the ArriveCAN application f or entry to Canada at the land border, and further That: The Municipal Corporation of the Town of Fort Erie requests that the Chair of The Regional Municipality and the Mayors of the twelve Local Area Municipalities along with other stakeholders form a Cross-Border Tourism Recovery Task Force to advocate to the federal and provincial governments on the importance of tourism and operation of the land border to Niagara’s post-COVID economic recovery, and to report to Niagara’s local area municipalities on the progress of that Task Force, and further That: The Municipal Council of the Town of Fort Erie extends a formal invitation to The Honourable Randy Boissonnault, Minister of Tourism (Canada) and The Honourable Lisa McLeod, Minister of Tourism, Culture and Sport (Ontario) to visit Niagara and meet with stakeholders to discuss tourism recovery and the impact border measures are having on that recovery, and further That: The Municipal Corporation of the Town of Fort Erie extends a formal invitation to all four Niagara-area Members of Parliament to address Council on the steps they, as Niagara - area Members of Parliament, have taken to convey border-related issues of concern in Ottawa as our federal representatives, and further That: This resolution be circulated to The Right Honourable Justin Trudeau, Prime Minister of Canada, The Honourable Marco Mendicino, Minister of Public Safety, The Honourable Randy Boissonnault, Minister of Tourism (Canada), The Honourable Omar Alghabra, Minister of Transport (Canada), The Honourable Doug Ford, Premier of Ontario, The …/3 Page 748 of 817 The Right Honourable Justin Trudeau, Prime Minister of Canada Page three Honourable Lisa McLeod, Minister for Tourism, Culture and Sport (Ontario), all Members of Parliament representing constituencies of border crossing municipalities located along the Canada-US border, all Members of Provincial Parliament in Ontario, the Association of Municipalities of Ontario, the Premiers of all Provinces and Territories in Canada that share a border with the United States, and further That: This resolution be circulated to the Greater Niagara Chamber of Commerce and the Niagara South Chamber of Commerce for distribution to their membership, and further That: This resolution be circulated to Niagara Regional Council and the Councils of all twelve local area municipalities in Niagara for their endorsement and support. Also, attached please find a copy of similar correspondence from the City of Niagara Falls, which the Town of Fort Erie received and suppo rted. Thank you for your attention to this matter. Yours very truly, Carol Schofield, Dipl.M.A. Manager, Legislative Services/Clerk cschofield@forterie.ca CS:dlk Attach c.c. Chair, Regional Municipality and Mayors, Local Area Municipalities: jim.bradley@niagararegion.ca, jeff.jordan@niagararegion.ca, sandra.easton@niagararegion.ca, jdiodati@niagarafalls.ca, betty.disero@niagararegion.ca, marvin.junkin@niagararegion.ca, bill.steele@niagararegion.ca, walter.sendzik@niagararegion.ca, terry.ugulini@niagararegion.ca, kevin.gibson@niagararegion.ca, frank.campion@niagararegion.ca, dave.bylsma@niagararegion.ca, wredekop@niagararegion.ca The Honourable Marco Mendicino, Minister of Public Safety marco.mendicino@parl.gc.ca The Honourable Randy Boissonnault, Minister of Tourism (Canada) randy.boissonnault@parl.gc.ca The Honourable Omar Alghabra, Minister of Transport (Canada) omar.alghabra@parl.gc.ca The Honourable Doug Ford, Premier of Ontario premier@ontario.ca The Honourable Lisa McLeod, Minister for Tourism, Culture and Sport (Ontario) Lisa.macleodco@pc.ola.org Members of Parliament representing constituencies of border crossing municipalities along the Canada -US border Terry.Sheehan@parl.gc.ca, Marcus.Powlowski@parl.gc.ca, Marilyn.gladu@parl.gc.ca, eric.duncan.p9@parl.gc.ca, michael.barrett@parl.gc.ca, Chris.Bittle@parl.gc.ca, Tony.Baldinelli@parl.gc.ca, Vance.Badawey@parl.gc.ca, Carla.Qualtrough@parl.gc.ca, kerry-lynne.findlay@parl.gc.ca, Tako.VanPopta@parl.gc.ca, ed.fast@parl.gc.ca, Richard.Cannings@parl.gc.ca, Rob.Morrison@parl.gc.ca, John.Barlow@parl.gc.ca, Glen.Motz@parl.gc.ca, Jeremy.Patzer@parl.gc.ca, Robert.Kitchen@parl.gc.ca, Larry.Maguire@parl.gc.ca, candice.bergen@parl.gc.ca, Ted.Falk@parl.gc.ca, Richard.Bragdon@parl.gc.ca, John.Williamson@parl.gc.ca, Claude.DeBellefeuille@parl.gc.ca, Brenda.Shanahan@parl.gc.ca, Christine.Normandin@parl.gc.ca, Lyne.Bessette@parl.gc.ca, Marie- Claude.Bibeau@parl.gc.ca, Luc.Berthold@parl.gc.ca, Richard.Lehoux@parl.gc.ca, Bernard.Genereux@parl.gc.ca, Maxime.Blanchette-Joncas@parl.gc.ca All Members of Provincial Parliament (MPP) Association of Municpialities of Ontario AMO@amo.on.ca Premiers of Provinces and Territories in Canada that Share a Border: premier@gov.bc.ca, premierministre@quebec.ca, premier@gnb.ca, premier@leg.gov.mb.ca, premier@gov.ab.ca, premier@yukon.ca, premier@gov.sk.ca Mishka Balsom, CEO, Greater Niagara Chamber of Commerce mishka@gncc.ca Dolores Fabiano, Executive Director, Niagara South Chamber of Commerce dolores@wellandpelhamchamber.com Niagara Region Local Area Municipalities Page 749 of 817 r{i agar IIsNrll)r\ May 16,2022 Public Health Agency of Canada 130 Colonnade Road A.L.650 1H Ottawa, ON K1A OKg To Whom lt May Concern: Re: Cross Border Travel and ArriveCAN Please be advised that at the May 10,2022 meeting of Niagara Falls City Council, the following motion was passed: Ordered on the motion of Councillor Vince Kerrio, Seconded by Gouncillor Chris Dabrowski that Council endorse the letter received from the Niagara Falls Bridge Commission and the Buffalo and Fort Erie Bridge Authority to ask the Government of Canada to continue to market the ArriveCAN application as an "optional" tool when crossing the border and that it no longer be a mandatory requirement; And that a copy of the letter and Council's motion be forwarded to the Public Health Agency of Canada, bordering municipalities across Ontario, Members of Parliament for Niagara and l,ocal Area Municipalities in Niagara for support, The background to the above motion is relating to the current mandatory ArriveCAN application at border crossings to enter Canada. A copy of the letter from the Niagara Falls Bridge Commission and the Buffalo and Fort Erie Bridge Authority is attached. lf you have any questions, please contact me directly Sincerely, William G. Matson City Clerk cc. Tony Baldinelli, MP, Niagara Falls tony.baldinelli@parl,gc,ca Wayne Gates, MPP, wgates-co@ndp.on.ca City of Windsor, mayoro@citvwindsor.ca City of Sarnia, mayor@sarnia.ca Local Area Municipalities RECDIVED MAY 3 0 2022 BY COI.JNCIL Clerks Ext 4342 Fax 905-356.9083 blllmatson@niagarafalls,ca Worhing Together fo Serye Our Community Page 750 of 817 I cRossrNc PArnr* BUTLDTNG FUTURES THIi, PDACE BRIDGB May I0,2022 VIA EMAIT Mayor Jim Diodati and Councillors City of Niagara Falls 4310 Queen Street Niagara Falls Ontario L2E 6X5 Dear Mayor Diodati and Councillors Re: Cross Border Travel and ArriveCan The Covid-19 pandemic has decimated cross border traffic. Even after the Covid testing requirements to enter Canada were lifted on April L, 2022, auto traffic for the month of April was down 52% at the bridges of the Niagara Falls Bridge Commission and 43Yo at the Peace Bridge, compared to pre-pandemic April 2019. This has had a devastating impact on our toll revenues, the tourism industry and other border dependent businesses. The Government of Canada's mandatory ArriveCan app to enter Canada is a mojor contributing foctor to depressing discretionary travel. This is due to a number of factors: For ffavelers by air, airlines require and assist passengers in completing ArriveCan and in airports people are much easier to move than cars, ArriveCan simply works better and is more applicable at an airport than at a land port of entry. ArriveCan is not known in the U,S. The result is people arriving at the border without ArriveCan and then completing it at the inspection booth or having technical difficulties (especially prevalent at borders with competing U.S. and Canadian cell towers and roaming) resulting in inordinately long processing times, sometime exceeding ten minutes. Meanwhile, compliant drivers behind such a vehicle have no place to go and are also delayed leading to lengthy border wait times. CBSA processing times have increased dramatically compared to pre-pandemic processing. The technology discriminates against a large population of senior travelers. A January 2022 PEW Research survey found "that g6% of those oges 78 ta 29 own a smartphone compared with 61% of those 65 and older, o jS percentage polnt difference." 50% of Niagara tourism revenue comes from Americans and with 39% of Americans over 65 not havlng a smartphone it will undoubtedly have a negative impact on their ability to enter Canada and therefore Niagara tourism revenue. 40,000 people in the Niagara Region rely on tourism to provide for their families. a a a Page 751 of 817 a a a Kenneth Bieger cEo Niagara Falls Bridge Commission n Rienas GeneralManager Buffalo and Fort Erie Public Bridge Authority Even for people aware of ArriveCan, the requirement to use the app for every border crossing is a disincentive to discretionary travel. Unlike air travel, the nature of this bi-national community is being able to cross frequently to visit friends or family, for dinner, a show, a winery tour, a baseball game, shopping, beach, etc without going through the process and inconvenience of having to file with ArriveCan each and every time, People just won't bother to cross the border for discretionary travel as they have enjoyed for decades. CBSA/Government of Canada will at some point declare success and say that a high percentage of travelers are using ArriveCan. That will not account for the half of the population that has decided it is no longer worth the inconvenience and delays to cross the border. That will be devastating to the Niagara tourism industry and other border dependent businesses. While CBSA has not provided us with the American/Canadian split of entrants to Canada, we believe, based on our license plate observations, that it is overwhelmingly Canadians returning to Canada after spending time and money in the U,S., as the U.S. is much simpler and easier to enter with no digital app requirement. ArriveCan was developed in April 2A20, to provide mandatory travel information before and after entry to Canada including the filing of quarantine plans. As of April 25,2022 it is no longer necessary to file a quarantine plan to visit Canada or for Canadians returning to Canada. Both Canada and the U.S, only allow vaccinated individuals to cross the border. The exception is Canadians who are able to return to Canada unvaccinated but at this stage that number would be very small. Accordingly, ArriveCan now provides very little public health benefit while depressing border traffic and the tourism economy. ArriveCan does have potential traffic facilitation benefits for CBSA as it relates to pre-arrival information and for this reason it should be marketed as such and made optional at the land border, The Victoria Day and Memorial Day holidays are only couple of weeks away. This is also the tradltlonal start of the summer tourist season, Continuing to mandate ArriveCan will insure another disappointing season for traffic and tourism, not much better than the pandemic summers of 2020 and 2021. Yours truly, Page 752 of 817 ?g/~,&l|lllI'll WhereShipsClimbThe Mountain... June 10,2022 Emergency Management Ontario 25 Grosvenor Street,18”‘Floor Toronto,ON M7A 1Y6 To whom this may concern: Re:Mental Health,Homelessness and Addiction State of Emergency Please be advised Thorold City Council,at its June 7,2022 meeting,adopted the following motion: WHEREAS According to the Province of Ontario Emergency Response Plan (2008), Canadian municipalities are free to declare states of emergencies in response to "any situation or impending situation caused by the forces of nature,an accident,an intentional act or othen/vise that constitutes a danger of major proportions to life or Propel“/”§ WHEREAS 11/12 of Niagara—area municipalities have unanimously requested that Niagara Region declare a state of emergency on mental health,homelessness,and addiction,Thorold City Councilpreviously unanimously supported a motion requesting the Niagara Region declare a state of emergency on mental health,homelessness,and addiction; WHEREAS the City of Thorold Councilpreviously unanimously supported a motion requesting the Niagara Region declare a state of emergency on mental health, homelessness,and addiction; WHEREAS Approximately 665 residents,including 121 children in Niagara,were % counted as homeless (March 2021); WHEREAS Niagara EMS reported 1001 suspected opioid overdoses (2021)and 210 suspected opioid overdoses already this year (April2022);and ““““'?‘““”““————-‘city at ThoroldP.0.Box1044,3540 schmnnParkway,Thorold,OntarioL2ll4A7WWI/l/.?ll1I'UId.t.'aTel:905-227-6813Page 753 of 817 NOW THEREFORE BE IT RESOLVED That Thorold City Council DIRECT Mayor Terry Ugulini as the Head of Council to declare a state of emergency on mental health,homelessness,and addiction in the City of Thorold;and That this resolution BE CIRCULATED to the Ontario Minister of the Solicitor General, Emergency Management Ontario,the Premier of Ontario,the Ontario Ministry of Community and Social Services,the Ontario Associate Minister for Mental Health,all Niagara—area Members of Provincial Parliament,and all Niagara area municipalities. CARRIED Yours uly, /MM/VI/L Matthew Trennum City Clerk MT:jg ec:M.Dilwaria,Chief Administrative Officer M.Trennum,City Clerk The Honorable Sylvia Jones,Minister of the Solicitor General,sy|via.iones@gc.o|a.org The Honorable Doug Ford,Premier of Ontario,gremier@ontario.ca The Honorable Merrilee Fullerton,Ontario Ministry of Children,Community and Social Services, ministermccss@ontario.ca Ontario Associate Minister of Mental Health and Addictions,Brett.weltman@ontario.ca Vance Badawey,MP,Niagara Centre,vance.badawey@garl.gc.ca Jeff Burch,MPP,Niagara Centre,JBurch-QP@ndg-on.ca Ann-Marie Norio,Niagara Region,ann-marie.norio@niagararegion.ca All Niagara Local Area Municipalities Page 754 of 817 Office of the President 1525 Cornwall Road Oakville ON L6J 0B2 Jun 13, 2022 Municipal Councils of Ontario Subject: The Retention of Professional Engineers at Ontario Municipalities The purpose of this letter is to stress the importance that municipal engineers play in the successful operation of cities, counties, towns, and townships across Ontario. The Municipal Engineers Association (MEA) is a non-profit association representing the municipal engineering field in Ontario. We have a membership base of over 1,000 municipal engineers across Ontario who are employed as professional engineers at Ontario municipalities and other provincial agencies serving in the engineering/public works field. We advocate for sustainable municipal infrastructure practices and our members provide significant input into the development of processes, standards, and specifications for use in municipal infrastructure systems such as drinking water delivery, wastewater collection and treatment, storm water management, waste management and transportation systems. The MEA has been the proponent for the Municipal Class Environmental Assessment process since the mid-1980s. We are also a co-proponent of Ontario Provincial Standards & Specifications that many Ontario municipalities use when planning for and tendering municipal engineering projects. There are a number of examples in various current legislation, where the use of a professional engineer is referenced. Key tasks include roles in transportation, natural resources, health and safety, consumer services, environment, tourism, agriculture, climate change, and energy. It is essential that municipalities consider the appointment of professional engineers, especially within the areas of engineering and public works, to afford municipal councils the appropriate due diligence toward public safety. Unfortunately, we are observing a concerning trend where this is no longer the ca se. Professional engineers, through education and practical experience requirements, have the knowledge and foresight to not only understand the ‘how’ of an issue, but also understand the ‘why’ behind issues as well. Professional engineers are licensed to practice in Ontario through the Professional Engineers Act and are bound by statutory accountabilities, which includes a code of ethics. Under this code, professional engineers are required to act at all times with fidelity to public needs; professional engineers regard their duty to public welfare and safety as paramount. Professional engineers also provide significant value to municipalities through their understanding of risk management, which assists in lowering exposure to claims against a municipality. With insurance premiums rising every year, it is prudent that municipalities appoint a professional engineer to guide these decision-making processes. Page 755 of 817 Office of the President 1525 Cornwall Road Oakville ON L6J 0B2 As of December 31, 2019, there were 57,134 practicing professional engineers licensed and practicing in the Province of Ontario. Of this number, only 136 professional engineers work for municipalities with a population of 50,000 or less. This represents only 0.2% of licensed and practicing Ontario Professional Engineers being employed by Ontario municipalities serving populations of less than 50,000. Many of these smaller municipalities have a Public Works/Engineering Department head and would benefit by appointing a Professional Engineer. The vast majority of professional engineers working at Ontario municipalities are employed by larger urban centres having a population greater than 50,000. For smaller municipalities that do not have the financial resources to employ a full-time professional engineer on their staff, the MEA recommends the appointment of a professional engineer through a licensed consulting firm so that your municipality may meet the needs only a professional engineer can provide. We would also like to take this opportunity to promote membership in the MEA. There are Ontario municipalities that currently do not have representation in the MEA. If you have a professional engineer(s) on staff and they are not MEA members, we encourage your municipality to have them apply. The MEA offers members access to knowledge, learning and the ability to stay up to date with current industry practices. It truly is great value for a very nominal fee. On behalf of the MEA, we thank you for taking time to review this letter. Should you have any questions, please reach out to the MEA’s Executive Director, Dan Cozzi, P. Eng. at dan.cozzi@municipalengineers.on.ca. Yours sincerely, __________________________ Jason Cole, P. Eng., MEA President 2021 - 2022 Page 756 of 817 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-Fw: Cyanamid Lands, First Ave/ Bridge St., Sent: Thursday, June 16, 2022 1:00 PM To: Bill Matson <billmatson@niagarafalls.ca>; Bradley, Jim <jim.bradley@niagararegion.ca>; Butters, Barbara <barbara.butters@niagararegion.ca>; dave.bylsma@niagararegion.ca; Campion, Frank <frank.campion@niagararegion.ca>; Chiocchio, Pat <pat.chiocchio@niagararegion.ca>; Darte, George <george.darte@niagararegion.ca>; Diodati, Jim <jim.diodati@niagararegion.ca>; Disero, Betty <betty.disero@niagararegion.ca>; Easton, Sandra <sandra.easton@niagararegion.ca>; Edgar Kelly <kelly.edgar@niagararegion.ca>; Fertich, Wayne <wayne.fertich@niagararegion.ca>; Foster, Robert <robert.foster@niagararegion.ca>; Gale, Bob <bob.gale@niagararegion.ca>; kevin.gibson@niagararegion.ca; Greenwood, Barbara <barbara.greenwood@niagararegion.ca>; brian.heit@niagararegion.ca; Diana.Huson@niagararegion.ca; Insinna, Tom <tom.insinna@niagararegion.ca>; Ip, Laura <laura.ip@niagararegion.ca>; Jordan, Jeff <jeff.jordan@niagararegion.ca>; Junkin, Marvin <marvin.junkin@niagararegion.ca>; Nicholson, Peter <peter.nicholson@niagararegion.ca>; Redekop, Wayne <wayne.redekop@niagararegion.ca>; tim.rigby@niagararegion.ca; Sendzik, Walter <walter.sendzik@niagararegion.ca>; mathew.siscoe@niagararegion.ca; Steele, Bill <bill.steele@niagararegion.ca>; Ugulini, Terry <terry.ugulini@niagararegion.ca>; leanna.villella@niagararegion.ca; Whalen, Tim <tim.whalen@niagararegion.ca>; albert.witteveen@niagararegion.ca; Zalepa, Gary <gary.zalepa@niagararegion.ca>; Tripp, Ron <Ron.Tripp@niagararegion.ca>; WGates-CO@ndp.on.ca; Huppunen, Stephanie <Stephanie.Huppunen@niagararegion.ca> Cc: Patricia McGorman < >; John Bacher <pals@becon.org>; Mary Lou Jorgensen-Bacher <; Mike dickman < >; Marcie Jacklin <; Anne Yagi <anne.yagi@8trees.ca>; A Better St.Catharines <info@abetterstcatharines.ca>; Ed Smith <e>; Liz Benneian < >; Liz Benneian >; Stanlee Hickey < >; Don Sawyer <; Dennis Edell < Carla Rienzo < Subject: Re: [EXTERNAL]-Fw: Cyanamid Lands, First Ave/ Bridge St., Hi This is Mike Cushman I have attached a diagram explaining the areas of concern I have. If you look at the diagram's legend it states the ground water flow direction. This is from the Gartenr and lee studies done. From 1986-1995 there was a study done by the ministry of environment on coal tar sites. These studies were done separately from all other studies. You ever here of them? Ever read them? I think not, why because these were done separately so they could be ignored. The most important studies of all!! See there Cyanamid said they were capping the whole area with clay to stop the ground water from reaching the bedrock, Ontario Hydro Canal, the St David's buried gorge, and the Niagara River via three natural ravines that started on Cyanamid property and drain directly into the Niagara River. Thes ravines were filled in with waste from Cyanamid processes, and still today drain directly into the Niagara River. The Cyanamid use to control the water on the property by pumping the water from the cooling pond into the waste water treatment plant. That is not done any more since who ever runs the property took over. Therefore the cooling pond is 30 feet deeper and 3 times as wide as it use to b e. Meaning the water is traveling off this property more now than ever because of poor management of property. If you will pay attention to drainage path A-4, and see where is flows, it is directly under the area where you are storing contaminated waste from First Ave and Bridge street. That triangular section where the A-4 arrow Page 757 of 817 2 starts. A-4 flows from the old YMCA property toward the area of concern from First Ave down Victoria Ave, and is the lady falls draining into the gorge. Remember this is a coal tar site too. We showed you videos of the tar substance coming out of the hole on the YMCA property. So the property chosen to store contaminated waste from First Ave, is right on the path where water flows. 1. The contaminated waste from First Ave and bridge street contains diesel fuel, regular fuel, heavy metals as the video showed you, and more from Cyanamid,and railway contamination. How is it ok to store this with no pollution controls in place to stop the leachate , and dust blown contaminants with tarps on top? 2. Who owns the north end of the Cyanamid property where you are putting more contaminated soils from Park Street and First Ave? 3. When the MECP are the ones you say to ask the questions to and they give flat out wrong answers, who is in charge of protecting the people of Niagara Falls? 4.This is a known tar pitch waste site, the whole area of Cyanamid. With tar pitch found on the north end of the property by Angel Peebles, and we found it at the YMCA, and it was on Park Street, The studies on tar pitch STATED AS LONG AS YOU DO NOT DISTURB THE PROPERTY WE ARE GOOD. It was understood at the time that the area was to be capped with clay for decades to stop the ground water flow. So the Minstry of Environment said as long as we do not disturb the area it should be ok. Some how, somewhere, you have all ignored this. Seeing how the water flows off this property how is it ok to use these Cyanamid sites as toxic dumps? 5.Long term and short term health effects from exposures to all the chemicals and waste found here are horrible. The people of Niagara Falls have the highest rates of many illnesses from the ground and water pollution. Who is in charge of the protection of the health of the people living a mere 20 meters from this site that has been chosen to store toxic waste? 6. This is from a three phase study done by the Ministry of Environment, On Industries producing or using coal tar pitch. from 1988-1992. 98 5.3.5.3 Niagara Falls - American Cyanamid Co. Site Description The American Cyanamid Co. operated a coal gasification plant in Niagara Falls, Ontario from at least 1916 to 1920 as part of their Fourth Avenue Fertilizer works. The manufactured gas plant occupied a small area of 0.7 hectares and based on 1916 fire insurance plans had a gas house, tar well, gas purifiers and gasometer. The use of the gas plant is uncertain although it may have been used in the manufacture of calcium cyanamide fertilizer or to underfire lime kilns. Calcium cyanamide (CaCN2) was manufactured by reacting nitrogen with calcium carbide which was manufactured from coke and lime in an electric furnace. Nitrogen (ammonia) and coke are both by-products of coal gasification. The former gas works is now occupied by a furnace house as Page 758 of 817 3 part of the Cyanamid Canada Inc. Fourth Avenue plant. Access to the site is restricted and the plant is surrounded by vacant land to the north, railway to the east, residential property to the south and parkland and commercial land to the west. On-site inspections of the former gas works area were not performed. Potential Environmental Impact Potential environmental impact at this site is complicated by the presence of on-site contamination of groundwater and soil with cyanide. The site and surrounding area has been the subject of an M0£ preliminary hydrogeologic study and waste area identification and assessment studies completed by consultants for the property owner. The potential health and environmental impact resulting from the former qas works are expected to be low because of the lack of groundwater use, distance to surface water, controlled site access and continued industrial operation. Visible tar wastes were historically l^^LR^ 99 reported as a tar residue in a geotechnical borehole drilled for construction of the furnace house that subsequently was built on the gas works site. Odours were detected in the vicinity of the site but these were associated with the present operation of the plant and not the former gas works. This is the answer from the MECP on a question about the tar pitch and well ,Question regarding “tar pitch waste well” There a was a “tar pitch waste well under the furnace room (located on the south side of the Thorold Stone Road extension) is now uncovered with ponding water. Concerned that tar pitch waste is now mixing with the ponded water and draining off site and that kids and wildlife will get hurt if they fall into the ponding water/well. Response: The MECP is not aware of the tar pitch waste well and has not seen any evidence of waste mixing with ponded water and draining off site. The Ministry did observe some manholes that were uncovered and asked the owner to ensure they were covered to prevent anyone from falling in. Imagine the people the government is saying are the ones making the decisions to protect your health, Do not even use their own data. They merely take the DATA THE CONSULTANTS ARE TELLING THEM AND RUNNING WITH IT WITHOUT READING THEIR OWN STUDIES!! EHE CONSULATANTS ARE HIRED BY THE POLLUTER!! The tar pitch well is located maybe 25-50 meters from the YMCA site and will drain directly into drainage path A-4, which is the path where First Ave toxic landfill being used. This is an environmental disaster for the environment and hence people of Niagara Falls. Off gassing and water leachate and dust blow particles are all the biggest problem to create genetic mutations. Who is testing for all this to ensure our safety? 7.Please look at the first question and answer. Then read the second one, is there not a contradiction here? She observed the tar pitch coming from the ground on the north end near the water. Before that makes the Page 759 of 817 4 statement she did not observe and tar residue going into the water. If finding the tar pitch oozing out of the ground near the water, knowing it drains into the hydro canal and bedrock and St Davids buried gorge, what more do you have to observe?? 8. Questions relating to water on site Concerned with changes to “standing water” on site; The property on the north side of the Thorold Stone Road extension used to have two large 7 ft deep with bright green bottom ponds. Now only one pond exists which is bigger and deeper , 25-30ft deep, can’t see the bottom anymore – where did all that water go? where does the water go? Does it still drain to the three large ravines that drain to the Niagara River (1. Ravine behind the helicopter property; 2. Ravine in front of Great Wolf Lodge; 3. Ravine off of Whirlpool Road). Water from this site used to drain to these ravines before the site was filled with waste. Has a risk assessment has been done on the water on site? On the water leaving the site? Response: The pond on the north side of Thorold Stone Road extension is the former cooling pond. This pond receives surface water from areas north of Thorold Stone Road. This pond does not have any outlet. The owner monitors the level in the pond and if there is ever an opportunity for overflow, the water will be tested and pumped to the sanitary sewer. Future development of the site includes draining and grading the existing stormwater pond to support proposed future development on the site. A Risk Assessment (RA) for the site is being undertaken which will identify Risk Management Measures that will ensure that human and ecological receptors are protected from the contaminants of concern on the site. The Risk Management Measures will be outlined in a Certificate of Property Use (CPU) that the owner will be required to abide by. The RA has not been accepted by the MECP yet. This answer is totally wrong. How can this be the person making the decision for our health and safety? As shown in the diagram below on hydrological conditions her statement is totally wrong and the past studies by Gartner and lee say where the water comes from and where it goes. I do not know who the MECP advisors are on this do you? 8. Access to all these contaminated sites is very easy. While I was on the first ave toxic dump, people walked up to me and asked if their child can ride their dirt bike there. I said the signs here say heavy metal contamination, I do not work here but would not go here if I was you. Who is on charge of public safety on these sites and why is there open areas...? Question/Concerns regarding public access to the site Concerned with how easy it is for the public to access the property. The fence has cuts in sections, flimsy in other sections and non existent in other locations along the old rail line with access off of Victoria Ave. Kids have been seen playing on the piles on the south side of the Thorold Stone Road extension, skating on the ponded water at the end of Thorold Stone Road extension and dirt bike trails are throughout the north side of Thorold Stone Road extension. Response: The MECP observed sections of fence which were not secured during the site visit and made the owner aware of the duty to prevent trespassers from accessing the site. The MECP did not observe any members of the public accessing the site on May 27, 2021. To date nothing has been fixed. 9.Who is managing this site? The MECP said they do not know who manages the site, pretty scary eh? Thank you, Mike Cushman 6246 Arad Street, Niagara falls, Ontario Canada, l2g 2z6 Niagara Falls Ont. Canada 905-374-1064 I have an information package for all of you interested. The Niagara River Page 760 of 817 5 Toxics Committee came to the conclusion that ground water fro m Cyanamid drains into the St David's buried gorge. New studies ignore this fact that all fresh water eventually reaches wells and areas where we drink it, so the new studies say we do not use this water for drinking. Then that raises the acceptable standards and more pollution allowed. mean while science like the Niagara River Toxics Committee says it is all related and water sheds and areas like Cyanamid eventually harm well water somewhere. again thank you Mike Cushman. Page 761 of 817 6 Page 762 of 817 7 From: Bill Matson <billmatson@niagarafalls.ca> Sent: June 14, 2022 3:31 PM To: Mike Cushman <cusherman@msn.com> Subject: RE: [EXTERNAL]-Fw: Cyanamid Lands, First Ave/ Bridge St., Mr. Cushman, I would need some more details of what it is you wish to speak about before listing you on an agenda. It is our hope that you can have some or all of your questions answered with your meeting with staff. It should be noted that any “Appointment” request to address Council on a matter not on the agenda must be related to Council. In other words, it would have to be to a matter within Council’s jurisdiction. It is required that you provide a detailed brief of the topic to be discussed and the request/direction you are seeking from Council. This can be forwarded to myself as soon as possible. https://niagarafalls.ca/city-hall/council/delegations-and-appointments.aspx Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: Mike Cushman <cusherman@msn.com> Sent: Tuesday, June 14, 2022 6:57 AM To: Bill Matson <billmatson@niagarafalls.ca> Subject: Re: [EXTERNAL]-Fw: Cyanamid Lands, First Ave/ Bridge St., Yes I will thank you, will I be able to speak at city the next city council meeting? Thank you again Mike Cushman 6246 Arad St. Niagara Falls, Ont. can. l2g2z6, 905-374-1064 From: Bill Matson <billmatson@niagarafalls.ca> Sent: June 13, 2022 6:29 PM To: Mike Cushman <cusherman@msn.com> Cc: Erik Nickel <enickel@niagarafalls.ca> Subject: RE: [EXTERNAL]-Fw: Cyanamid Lands, First Ave/ Bridge St., Mr. Cushman, In following up to my last email, could you send along your questions / agenda for this meeting to me by Thursday of this week so that staff have some time to look them over as well. It may be a matter of referring you to the Region if City Staff don’t have the information you are looking for. Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: Bill Matson Sent: Thursday, June 9, 2022 4:23 PM To: Mike Cushman <cusherman@msn.com> Cc: Erik Nickel <enickel@niagarafalls.ca> Subject: RE: [EXTERNAL]-Fw: Cyanamid Lands, First Ave/ Bridge St., Mr. Cushman, Page 763 of 817 8 Would you be available on Monday June 20th at 3:30pm to meet with Mr. Erik Nickel and myself to listen to the concerns you have? If you could put your concerns in writing and send those to me in advance of the meeting, this may allow us to be better prepared to provide some response and see that the meeting be more productive as well. Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: Mike Cushman <cusherman@msn.com> Sent: Thursday, June 9, 2022 9:22 AM To: CouncilMembers <councilmembers@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Fw: Cyanamid Lands, First Ave/ Bridge St., Hi I sent this on June 3 2022 is there an answer to this? Thank you, Mike Cushman From: Mike Cushman Sent: June 3, 2022 8:16 AM To: CITY COUNSIL <council@niagarafalls.ca> Subject: Cyanamid Lands, First Ave/ Bridge St., Hi this is Mike Cushman. I would like to request to speak at the next city council meeting about the first ave bridge street, and Cyanamid lands. May I have a meeting with the mayor, Bill Matson and Mr. Nickels or whom ever you feel should be in the room I would like to have a discussion first some time before the next meeting. I am available any time ? I will also ask that my colleague come with me too, thank you, Mike Cushman 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 764 of 817 December 3, 2021 Mayor Diodati and City Council 4310 Queen Street Niagara Falls, ON Dear Mayor Jim and Members of City Council: As you are aware tourism businesses have been devastated by the effects of Covid -19 as have the city and its residents. Tourism, which the city depends on is the slowest industry to recover and all indications show that we will be at least another year before we can begin to see light at the end of the tunnel. Staff availability is at a critical low, making it difficult & in many cases impossible to take care of guests in the manner they deserve. Fallsview BIA has always prided itself on our significant contributions to the city, the tourism industry, the community. Our members are dedicated employers, residents and business owners, that are in a dire situation and we need your support and assistance to stay on the path to recovery and return to that place of strength for our Community. It is in this spirit that we ask for your help. The Fallsview BIA are the shareholders of the Niagara Civic & Convention Centre, Inc. operating as the Scotiabank Convention Centre. After many internal meetings, examinations of various levels of documentation and information, the Fallsview BIA, has come to the following conclusion. The Niagara Civic & Convention Centre due to its exemplary management has accumulated a large reserve of unencumbered funds which do not impede or put at risk the AMEC recommendations on the long-term life cycle costs of the building. Therefore, we are instructing the Convention Centre to draw from its reserves for our final commitment, what it needs to balance its books up to $700,000, and we are requesting the city to amend the Fallsview BIA agreement accordingly. We are ready to meet with the city at your convenience to work on these amendments. Thanking you in advance, Sue Mingle and the Fallsview BIA Board Page 765 of 817 A #Hope4Kiska The Vittoria Foundation thevittoriafoundation@gmail.com ?¥Tuesday,June 14,2022 The City of Niagara Falls 4310 Queen Street ’ Niagara Falls,ON I Canada L2E 6X5 ,‘V C/O:Bill Matson,City Clerk Clerks Services To the City Clerk and City Council: RE:Changing the Name of a Street Changing the name of ”Marine|and PKWY” The undersigned residents,individuals,and organizations and I respectfully request that the City of Niagara Falls consider our petition to change the name of ”Marineland Parkway”to a name more befitting of the current vision,mission,and values the city reflects. When Marineland first opened in 1961,the themed zoo and amusement park was an international draw and an attraction for the city.What exists in 2022 is a shell of its former self,known nationally and internationally for being the alleged site of horrific examples of animal neglect and cruelty and,as of December 2021,an organization formally charged by police for violating Canada's criminal codel. From Linda Diebel,published in the Toronto Star,”Larry lies behind bars in a pen,his eyes red and swollen.The harbour seal with ‘an amazing little personality’who arrived at Marineland about eight years ago is now a shadow of his formerself.”Also,from that same article,”[w]hat the public doesn't see is the deterioration of marine mammals that become sick,sufferfur loss,skin damage and even blindness because of recurring water problems.” Street names may be selected for many reasons,sometimes to honour local or national historical figures that drive the local economy.We feel that,in this case,changing the name to ”Kiska Boulevard” reflects the city's progressive attitudes and beliefs and is more in line with how society now sees holding captive and commodifying these beautiful,intelligent,and social sea mammals for entertainment advantage,benefit,or preferential treatment or advertisement to a particular business (in this case,Marineland).On the other hand,assigning a real or ceremonial name to a street in honour of anindividualwhohasmadeasignificantandexceptionalpositivecontributiontoacityportraysastrong1Casey,L.(2021,December 13).Marineland Charged for Allegedly Violating Criminal Code with Whale and Dolphin Shows.CP24.Retrieved May 23,2022,from http§:[[www.c 2 .co news rn nnel nd-har e -for-lie edl -VIOltin —criminal-code-with-whal -and-do|phin—shows-1.5705189ARequesttoChangetheName of “Marineland Parkway”to "Kiska Boulevard”1Page 766 of 817 #Hope4Kiska positive image.Perhaps in recognition of a lifelong resident such as Kiska,and her substantial and outstanding positive contribution to Niagara Falls,we consider naming this stretch of road in honour of her. The drive to change the name of this particular road isn't about punishing a business or erasing the past but instead reflecting hope.Hope for a society that honours,values,and remembers the lives of Kiska;Larry the harbour seal;Sonar,Lida,Marina,Echo and Tsu,five dolphins held captive;Skoot,a baby beluga that tragically died,in part due to understaffing;and Baker and Sandy,two sea lions that experienced longstanding suffering and vision problems due to their captivity. As the gateway to Canada,Niagara Falls is more than just a municipality;it's a community that prides itselfon openness,history and tradition,inclusion,and diversity.That pride is best reflected in how it presents itself to the millions that visit each year.In celebrating the achievements and development of the city,Niagara Falls should never lose sight of the present while also focusing on the future.It's time that Niagara evolves with the prevailing attitudes of most Canadians on confining intelligent sea mammals purely for entertainment. We hope that the City of Niagara Falls carefully considers our request to change the name from its unpropitious and outdated name,”/Warineland Parkway,”to something more aspirational and progressive.In the event you reject the suggested name,we hope that the city council will unite around a character that symbolizes the best values,history,tradition,and inclusivity of Niagara as a community and an international destination. Thank you for your consideration of our request V 7 )Q ',,~//”/Q»/(/l\47P/l \(,,(_l,,L Sab 'naContan =ill (he/her)l\/larie Baggio THE VlTTO?lAFOUNDA ION,CANADA Concerned Niagara Falls Resident LizWhite,Director Camille Labchuk,Executive Dir.Barry MacKay,Director Animal Alliance of Canada Animal Justice Born Free USA (Canada) Rob Laidlaw,Executive Dir.Zoocheck Inc.A Request to Change the Name of ”Marineland Parkway”to "Kiska Boulevard”2Page 767 of 817 Saturday, June 18, 2022 The City of Niagara Falls 4310 Queen Street Niagara Falls, ON Canada L2E 6X5 To Jim Diodati, Mayor, and Bill Matson, City Clerk: RE: Changing the Name of a Street Changing the name of “Marineland PKWY” I am submitting this letter to request that the City of Niagara Falls consider the petition to change the name of “Marineland Parkway ” to a name more befitting of the current vision, mission, and values the city reflects. When Marineland first opened in 1961, the themed zoo and amusement park was an international draw and an attraction for the city. What exists in 2022 is a shell of its former self, known nationally and internationally for being the alleged site of horrific examples of animal neglect and cruelty and, as of December 2021, an organization formally charged by police for violating Canada ’s criminal code1 . From Linda Diebel, published in the Toronto Star, “Larry lies behind bars in a pen, his eyes red and swollen. The harbour seal with ‘an amazing little personality’ who arrived at Marineland about eight years ago is now a shadow of his former self.” Also, from that same article, “[w]hat the public doesn’t see is the deterioration of marine mammals that become sick, suffer fur loss, skin damage and even blindness because of recurring water problems.” Street names may be selected for many reasons, sometimes to honour local or national historical figures that drive the local economy. I am aware of the letter submitted earlier this week to petition the name change, and I stand in solidarity with their words and request. In regard to this request , changing the name to “Kiska Boulevard ” better reflects the city’s progressive attitudes and beliefs and is more in line with how society now sees holding captive and commodifying these beautiful, intelligent, and social sea mammals for entertainment purposes. Additionally, it ’s a common practice when naming streets to avoid or confer any competitive advantage, benefit, or preferential treatment or advertisement to a particular business (in this case, Marineland). On the other hand, assigning a real or ceremonial name to a street in honour of an individual who has made a significant and exceptional positive contribution to a city portrays a strong positive image. Perhaps in recognition of a lifelong resident such as Kiska, and her substantial and outstanding positive contribution to Niagara Falls, I and others consider naming this stretch of road in honour of her. The drive to change the name of t his particular road isn’t about punishing a business or erasing the past but instead reflecting hope. Hope for a society that honours, values, and remembers the lives of Kiska; Larry the harbour seal; Sonar, Lida, Marina, Echo and Tsu, five dolphins held captive; Skoot, a 1 Casey, L. (2021, December 13). Marineland Charged for Allegedly Violating Criminal Code with Whale and Dolphin Shows . CP24. Retrieved May 23, 2022, from https://www.cp24.com/news/marineland -charged-for-allegedly-violating-criminal-code-with-whaleand - dolphin-shows-1.5705189 Page 768 of 817 baby beluga that tragically died, in part due to understaffing; and Baker and Sandy, two sea lions that experienced longstanding suffering and vision problems due to their captivity. As the gateway to Canada, Niagara Falls is more than just a municipality; it ’s a community that prides itself on openness, history and tradition, inclusion, and diversity . That pride is best reflected in how it presents itself to the millions that visit each year. In celebrating the achievements and development of the city, Niagara Falls should never lose sight of the present while also focusing on the future. It ’s time that Niag ara evolves with the prevailing attitudes of most Canadians on confining intelligent sea mammals purely for entertainment. I hope that the City of Niagara Falls carefully considers the request to change the name from its unpropitious and outdated name, “Marineland Parkway,” to something more aspirational and progressive. In the event you reject the suggested name, many of us hope that the city council will unite around a character that symbolizes the best values, history, tradition, and inclusivity of Niagara as a community and an international destination. Thank you for your consideration of this request . Regards, Melissa Warden Page 769 of 817 1 Heather Ruzylo To:Clerk Subject:RE: [EXTERNAL]-Electric scooter by laws From: Niagara Tinting <niagaratinting@niagaratinting.com> Sent: Monday, June 20, 2022 8:45 AM To: Clerk <clerk@niagarafalls.ca> Subject: Re: [EXTERNAL]-Electric scooter by laws I would like council to implement the provincial policy O. Reg. 389/19: PILOT PROJECT - ELECTRIC KICK- SCOOTERS and make it legal to use electric scooters in the city of Niagara Falls and allow them to be use on sidewalks. From: Niagara Tinting <niagaratinting@niagaratinting.com> Sent: Friday, June 17, 2022 11:24 AM To: Clerk <clerk@niagarafalls.ca> Subject: Re: [EXTERNAL]-Electric scooter by laws Can you put on the agenda for the next council meeting that I would like them to look into addressing this issue. From: Clerk Sent: Friday, June 17, 2022 10:53 AM To: Joedy Burdett Subject: RE: [EXTERNAL]-Electric scooter by laws Joedy, The City does not have an Electric scooter bylaw. Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: Joedy Burdett <niagaratinting@niagaratinting.com> Sent: Thursday, June 16, 2022 8:37 PM To: Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-Electric scooter by laws Does Niagara Falls have an Electric scooter by-law as pre O. Reg. 389/19: PILOT PROJECT - ELECTRIC KICK-SCOOTERS Joedy 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 770 of 817 2 Page 771 of 817 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca May 25, 2022 CL 10-2022, May 19, 2022 PHSSC 5-2022, May 10, 2022 PHD 2-2022, May 10, 2022 LOCAL MUNICIPAL CLERKS SENT ELECTRONICALLY Re: Waterpipe Smoking By-law Regional Council, at its meeting of May 19, 2022, approved the following recommendation of its Public Health and Social Services Committee: That Report PHD 2-2022, dated May 10, 2022, respecting Waterpipe Smoking By-law, BE RECEIVED and the following recommendations BE APPROVED: 1. That Regional Council APPROVE the proposed by-law to regulate waterpipe use in the Regional Municipality of Niagara, outlined in Appendix 1 of Report PHD 2-2022; 2. That Regional Council ADOPT a by-law to regulate waterpipe smoking in the Regional Municipality of Niagara, outlined in Appendix 1 of Report PHD 2-2022, that will, if adopted, come into force and effect on January 1, 2023, provided that: 2.1. A majority of the councils of the local area municipalities pass resolutions consenting to the by-law; and 2.2. The total number of electors in the local municipalities that have passed resolution in support of the by-law form a majority of all electors in the Region of Niagara as established in the revised list of electors for the municipal election held in the year 2018; and 3. That, subject to the adoption of the aforementioned by-law, a copy of the by-law and Report PHD 2-2022 BE CIRCULATED to the Clerks of the 12 local area municipalities (LAMs) with a request that their councils adopt the following resolution and advise the Regional Clerk of the results of that consideration by August 1, 2022: “That the Council of (name of municipality) consents to the passage of the Waterpipe By-law of the Regional Municipality of Niagara, being a by-law to regulate waterpipe smoking in the Region.” Page 772 of 817 Area Municipal Clerks Waterpipe Smoking By-law Triple Majority Requirement May 20, 2022 Page 2 Pursuant to Section 115(5) of the Municipal Act, 2001, a by-law passed under subsection 115(1) shall not come into force unless: a) A majority of all votes on the Council of the upper-tier municipality are cast in its favour; b) A majority of the Councils of all the lower-tier municipalities forming part of the upper-tier municipality for municipal purposes have passed resolutions giving their consent to the by-law; and c) The total number of electors in the lower-tier municipalities that have passed resolutions under clause (b) form a majority of all the electors in the upper-tier municipality. We respectfully request that you place this matter before your Council at your earliest opportunity to consider a resolution consenting to the by-law and advise of the action taken by your Council no later than August 1, 2022. A copy of Report PHD 2-2022 and By-law No. 2022-35 are enclosed for your information. Thanking you in advance for your assistance and should you require anything further, please do not hesitate to contact me. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2022-073 cc: K. Grewal, Health Promoter, Chronic Disease & Injury Prevention Dr. M. M. Hirji, Acting Medical Officer of Health D. Teng, Manager, Chronic Disease & Injury Prevention D. Lorenzo, Associate Director, Chronic Disease & Injury Prevention W. Middleton, Executive Assistant to the Acting Medical Officer of Health Page 773 of 817 PHD 2-2022 May 10, 2022 Page 1 Subject: Waterpipe Smoking By-law Report to: Public Health and Social Services Committee Report date: Tuesday, May 10, 2022 Recommendations 1. That Regional Council APPROVE the proposed by-law to regulate waterpipe use in the Regional Municipality of Niagara, outlined in Appendix 1 of Report PHD 2-2022; 2. That Regional Council ADOPT a by-law to regulate waterpipe smoking in the Regional Municipality of Niagara, outlined in Appendix 1 of Report PHD 2-2022, that will, if adopted, come into force and effect on January 1, 2023, provided that: 2.1. A majority of the councils of the local area municipalities pass resolutions consenting to the by-law; and 2.2. The total number of electors in the local municipalities that have passed resolution in support of the by-law form a majority of all electors in the Region of Niagara as established in the revised list of electors for the municipal election held in the year 2018; and 3. That, subject to the adoption of the aforementioned by-law, a copy of the by-law and Report PHD 2-2022 BE CIRCULATED to the Clerks of the 12 local area municipalities (LAMs) with a request that their councils adopt the following resolution and advise the Regional Clerk of the results of that consideration by August 1, 2022: ‘That the Council of (name of municipality) consents to the passage of the Waterpipe By-law of the Regional Municipality of Niagara, being a by-law to regulate waterpipe smoking in the Region.’ Key Facts • The purpose of this report is to seek Council’s approval to enact a by-law that prohibits tobacco and non-tobacco (i.e., herbal) waterpipe smoking in open and enclosed public spaces as described in the Policy Consideration section and Appendix 1 of Report PHD 2-2022. • Taking a proactive approach to governing waterpipe use could prevent an influx in establishments coming to Niagara due to restrictions in neighbouring communities (e.g., Halton, Toronto, Peel Region and Durham Region), allow consistency of rules across the Golden Horseshoe, and give predictability and clarity to local businesses. Page 774 of 817 PHD 2-2022 May 10, 2022 Page 2 _____________________________________________________________________ • Through an online survey, 60.8% of the general population was supportive of a waterpipe by-law to restrict use in public places. LAM members that participated in consultation were also supportive of a regional waterpipe by-law. Financial Considerations There are no financial implications of this report. The Ministry of Health provides funding under the Smoke-free Ontario Strategy in a cost shared (provincial and Regional levy) model for the Tobacco Control Program. Existing staff of this program will manage enforcement of the by-law should it be adopted within the existing budget. Analysis Current Legislation The Smoke-free Ontario Act, 2017 (SFOA) prohibits spaces where waterpipe smoking of tobacco product is allowed, however has no restrictions to non-tobacco (i.e., herbal) products which are allowed in enclosed public spaces and outdoor spaces under the SFOA and By-law No. 112-2013. Enforcement challenges arise when determining whether a product is tobacco or non- tobacco. Testing is offered through the provincial Ministry of Health and requires taking a sample and testing at a lab, making it difficult to know what is being used in waterpipe devices. Sampling of four establishments conducted between Dec. 2021 and March 2022 all came back positive with tobacco. Waterpipes therefore exploit a legislative and regulatory loophole to allow smoking of substances in otherwise regulated places. Local Context In Niagara, there are five waterpipe establishments in operation, three in Niagara Falls and two in St. Catharines. As by-laws are implemented across the GTHA to address the current regulatory gaps, there are concerns that more establishments may decide to relocate or open in Niagara given the absence of governing rules. Healthy and Safety Concerns Waterpipes filled with tobacco and/or herbal shisha contain harmful toxins and chemicals comparable to cigarette smoking, including particulate matter, polycyclic aromatic hydrocarbons, carbon monoxide, and heavy metals.1 Non-tobacco and Page 775 of 817 PHD 2-2022 May 10, 2022 Page 3 _____________________________________________________________________ tobacco shisha contain similar levels of toxins, thus health harms are due to the waterpipe device rather than the product itself.1 Similar to cigarette smoking, waterpipe use is associated with increases in lung cancer and cardiovascular disease.1,2 A waterpipe session lasts from 20 to 80 minutes, putting others at risk due to high levels of toxic compounds in second-hand smoke, irrespective of the product being used (i.e., tobacco or herbal).1,3 Non-smoking sections of waterpipe cafés have similar levels of toxins in the air as restaurants where cigarette smoking is allowed.1 The chemicals and toxins in second-hand exposure lead to increased risk of cancer, cardiovascular disease, carbon monoxide poisoning and chronic obstructive pulmonary disease.1 Waterpipe smokers often share a hose/mouthpiece in a communal environment, putting users at risk of contracting viruses and respiratory infections such as tuberculosis, hepatitis, herpes, influenza, COVID-19 and oral diseases.1,3 Public Consultation An online survey was conducted from February 8 to March 14, 2022, to gage public opinion. To review the promotion of the survey, see Appendix 2 of Report PHD 2-2022. 956 surveys were completed and included in the analysis. See Appendix 3 of Report PHD 2-2022, for the breakdown of survey responses per municipality in Niagara Region. Of the respondents, 10.4% had used a waterpipe in the last 12 months; use was highest among youth 17-24 year olds (16.9%). Of all respondents, 35% perceived waterpipe use as more socially acceptable than cigarettes. The flavouring, misperception of harm, accessibility, and social use are contributing factors to waterpipe use among youth.4,5 2.9% of those who smoked waterpipe in the last 12 months were “very concerned” with the health effects as compared to 97.1% of non-users. 33.3% of users thought waterpipe use was a healthier alternative to cigarette smoking. 31.3% used waterpipes for cultural reasons. Waterpipes were most commonly used at waterpipe establishments (68.7%), at home (59.6%), or someone else’s home (55.6%). When asked about the primary reason for visiting a waterpipe establishment, ‘to socialize’ (34.5%) was the top reason; for ‘food and drink (26.7%) was second; ‘to smoke’ (21.6%) was ranked third. 60.8% of the respondents supported a by-law, 27.4% did not support, and 11.1% were ambivalent. The majority of respondents supported further restrictions in particular Page 776 of 817 PHD 2-2022 May 10, 2022 Page 4 _____________________________________________________________________ locations including restaurants, lounges, and bars (67.8%), workplaces (81.2%), and patios (58.5%). See Appendix 4 of Report PHD 2-2022 for the breakdown of support for a by-law. Owner/Operator Consultation All five existing establishments participated in interviews. Establishments offered food and drink in addition to waterpipes. Some offered alcoholic beverages and live entertainment as well. Revenue from waterpipe sales ranged from three to 15%. Owners noted that demand had not changed, with the exception of a decline due to the pandemic, and they did not foresee a change in the future. Two of the five establishments did not expect a prohibition to have a significant impact on their business, whereas others felt it would significantly affect revenue as waterpipe is what brings patrons into the establishment. Municipal Consultation Niagara Region Public Health & Emergency Services (NRPH&ES) consulted with the area CAOs to convene a representative group together from each LAM. The LAM group met on Dec. 6, 2021 and March 28, 2022. Background information, current research and evidence on waterpipe smoking was provided. As a group, decisions and guidance were provided for the public consultation survey including planning, implementation, and communication. Consultation results were shared with LAM representatives in attendance. The LAM group was presented with items for consideration, a proposed by-law based on the consultations done, the opportunity to discuss whether amendments should be added, and the opportunity to either support or oppose the by-law. All LAMs in attendance were supportive of the by-law. Policy Consideration The Water Pipe Smoking By-law intends to address tobacco and non-tobacco (i.e. herbal) waterpipe smoking in Niagara. The by-law will address all areas currently covered by the SFOA and Niagara Region By-law 112-2013, which include enclosed public places, enclosed workplaces, parks, beaches, recreational trails, nine metres from public entrances, patios, sporting areas and their spectator areas, schools, and 20 metres from sporting and spectator areas, playgrounds and schools. Page 777 of 817 PHD 2-2022 May 10, 2022 Page 5 _____________________________________________________________________ In alignment with GTHA jurisdictions, the fines will be no more than $10,000 for the first offence, and $25,000 for subsequent convictions, for individuals. For corporate offences are not more than $50,000 for the first offence, and $100,000 for subsequent offences. Enforcement There are five FTE Tobacco Control Officers currently supporting the existing provincial and local smoke-free legislation, and will support education and enforcement the new by-law. As part of routine SFOA inspections, waterpipe establishment education and sampling is already conducted on an annual basis. Niagara takes a progressive enforcement approach, which entails providing education, then moving on to warn and/or enforce. The by-law will be monitored through routine inspections and on a complaint basis. Complaints are received through the NRPH Tobacco Hotline 1-888-505-6074 ext.7393 and NRPH&ES website. Comprehensive education is fundamental to ensuring successful implementation. It is important to ensure that people know about the changes and NRPH&ES will ease into this change process with a similar approach to previous legislative changes. Alternatives Reviewed Through the consultation process, the owners/operators of waterpipe establishments suggested to continue allowing waterpipes in designated areas, at specific times (i.e., time of day or duration), or to remove hookah lounges from the by-law. Considering the health concerns due to second-hand smoke, difficulty with enforcement and previous experience with similar alternatives when prohibiting indoor smoking, Public Health recommends moving forward with restricting waterpipe use at all locations within the SFOA and current smoke-free Bylaw No. 112-2013. Relationship to Council Strategic Priorities Adoption of a by-law to regulate waterpipe use supports the Council Strategic Priority of Healthy and Vibrant Community by enabling Public Health to protect children and vulnerable persons from exposure to second-hand vapour from waterpipe sources. Page 778 of 817 PHD 2-2022 May 10, 2022 Page 6 _____________________________________________________________________ Other Pertinent Reports • PHD 10-2021 – Waterpipe (Hookah) Smoking – Policy Consideration (https://pub- niagararegion.escribemeetings.com/filestream.ashx?DocumentId=19010) • PHD 09-2019 – Amendments to By-law 112-2013 – A Regional By-law to Protect Children and Vulnerable Persons from Exposure to Outdoor Second-hand Smoke (https://pub- niagararegion.escribemeetings.com/filestream.ashx?DocumentId=3899) ________________________________ Prepared by: Kavalpreet Grewal Health Promoter, CDIP Public Health and Emergency Services Recommended by: M. Mustafa Hirji, MD MPH RCPC Medical Officer of health & Commission Public Health and Emergency Services _______________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Diana Teng, Manager, Chronic Disease and Injury Prevention, and reviewed by Callie Anderson, Health Promoter, Chronic Disease and Injury Prevention, and David Lorenzo, Associate Director, Chronic Disease and Injury Prevention. Appendices Appendix 1 Waterpipe By-Law Appendix 2 Survey promotion for public consultation Appendix 3 Number and Proportion of Respondents by Municipality Appendix 4 Support Versus Opposition for a By-law by Municipality Page 779 of 817 PHD 2-2022 May 10, 2022 Page 7 _____________________________________________________________________ Sources 1 Public Health Ontario. (2021). Evidence Brief: Health Impacts of Waterpipe Smoking and Exposure. Retrieved from: (https://cm.publichealthontario.ca/- /media/documents/e/2021/eb-waterpipe-smoking-exposure.pdf?sc_lang=eng) 2 U.S. Centers for Disease Control and Prevention. (2018). Smoking and tobacco use: hookahs. Retrieved from: (https://www.cdc.gov/tobacco/data_statistics/fact_sheets/tobacco_industry/hookahs/ind ex.htm) 3 World Health Organization Study Group on Tobacco Product Regulation. (2005). Waterpipe tobacco smoking: Health effects, research needs and recommended actions by regulators. Geneva, Switzerland: World Health Organization. Retrieved from: (www.who.int/tobacco/global_interaction/tobreg/Waterpipe%20recommendation_Final.p df) 4 Non-Smokers Rights Association. (2012). Waterpipe smoking in Canada: New trend, old tradition. Ottawa, ON: Non-Smokers Rights Association. Retrieved from: (https://nsra-adnf.ca/wp- content/uplouds/2016/08/Waterpipe_SMoking_in_Canada_New_Trend_Old_Tradition_ Feb_2012.pdf) 5 McKeown, D. (2015). Hookah (waterpipe) use in licensed establishments. Toronto, ON: City of Toronto. Retrieved from: (http://www.toronto.ca/legaldocs/mmis/2015/hl/bgrd/backgroundfile-80194.pdf) Page 780 of 817 1 By-Law Number THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. A by-law to regulate wter pipe smoking in the Regional Municipality of Niagara WHEREAS, water pipe smoking has been associated with various disease and poor health outcomes, including lung cancer, negative pregnancy outcomes, poor oral health, dental disease, respiratory illness and impaired lung function linked to tobacco water pipe formulations, and carbon monoxide exposure and reduced lung capacity linked to non - tobacco formulations; AND WHEREAS, water pipe smoking, in general, negatively affects indoor air quality for indicators including carbon monoxide and particulate matter, which are closely related to potential impacts on human health; AND WHEREAS, subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that upper tier municipalities have the authority to pass by-laws respecting the health, safety and well-being of persons; AND WHEREAS, subsection 115(1) of the Municipal Act, 2001, S.O. 2001, c. 25 provides that a municipality may prohibit or regulate the smoking of tobacco in public places and workplaces; AND WHEREAS, it is desirable for the health, safety and well -being of the inhabitants of Niagara Region to prohibit the use of water pipes in enclosed public places, enclosed workplaces, and other specified areas within Niagara Region to protect individuals from conditions hazardous to human health; NOW THEREFORE, the Council of the Regional Corporation enacts as follows: DEFINITIONS 1.That in this By-law: “Employee” means a person who performs any work for, or supplies any service to, an employer, or a person who receives any instruction or training in the activity, business, work, trade, occupation or profession of an employer; “Employer” includes an owner, operator, proprietor, manager, superintendent, overseer, receiver or trustee of an activity, business, work, trade, occupation, profession, project or undertaking who has control or direction of, or is directly or indirectly responsible for, the employment of a person in it; “Enclosed Public Place” means the inside of any place, building or structure, or vehicle or conveyance or a part of any of them, PHD 2-2022 Appendix 1 Page 781 of 817 By-Law Number 2 (a) That is covered by a roof; and (b) To which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry. “Enclosed Workplace” means the inside of any place, building or structure or vehicle or conveyance or a part of any of them, (a) That is covered by a roof; and (b) That employees work in or frequent during the course of their employment whether or not they are acting in the course of their employment at the time. “Highway” means a highway as defined in the Municipal Act, 2001, S.O. 2001, c. 25 “Medical Officer of Health” means the Medical Officer of Health for T he Regional Municipality of Niagara, duly appointed under the Heath Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended; “Officer” means a Provincial Offences Officer, acting under the direction of the Medical Officer of Health; “Order” has the meaning set forth in section 11 of this By-law. “Person” means an individual or a corporation; “Playground” means an area where the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, that is primarily used for the purposes of children’s recreation, and is equipped with children’s play equipment including but not limited to slides, swings, climbing apparatuses, splash pads, wading pools, or sand boxes. “Proprietor” means the person, governing body or agency which controls, governs or directs activity carried on within an Enclosed Public Place, Enclosed Workplace, or other area specified by this By-law and includes the person who is actually in charge thereof; “Patio” means an area where the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, or that is worked in or frequented by employees during the course of their employment, whether or not they are acting in the course of their employment at the time, and where food or drink is served or sold or offered for consumption, or that is part of or operated in conjunction with an area where food or drink is served or sold or offered. Page 782 of 817 By-Law Number 3 “Property Owner” means a Person with a legal or beneficial ownership of a building or other structure that contains an Enclosed Public Place or an Enclosed Workplace operated either directly by the Property Owner or indirectly by a tenant, licensee or other Person operating in the building or structure with the permission of that Property Owner and includes: (a) the registered owner on title of the property (b) the person, for the time being, managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person’s own account or as agent or trustee of any other person, or who would receive the rent if the land and premises were let; and, (c) the lessee or occupant of the property. “Public Place” means (a) Any property owned, leased, or controlled by Niagara Region or any area municipality, including without limitation parks, playgrounds, sports or playing fields, recreational trails, beaches, arenas, recreational centers, community meeting areas, special events, farmers markets, bus shelters, splash pads, and pools; (b) Any outdoor area within a nine-metre radius of an entrance to or exit from a building located at any property owned, leased or controlled by Niagara Region or any area municipality; and (c) Any outdoor area that is within a nine-metre radius of an entrance to or exit from a public building or building generally accessible to the public, whether or not the building is leased, or controlled by Niagara Region or any area municipality, including places of employment, condominium buildings, apartment buildings and other similar residential buildings “Roof” means a physical barrier of any size, whether temporary or permanent, that covers an area or place or any part of an area or place, and that is capable of excluding rain or impeding airflow, or both; “School” means the lands or premises included in the definition of a school under the Education Act, R.S.O. 1990, c. E.2 or the building or the grounds surrounding the building of a private school as defined in the Education Act, where the private school is the sole occupant of the premises, or the grounds annexed to a private school as defined in the Education Act, where the private school is not the sole occupant of the premises. “Spectator Area” means an area with tiered seating or benches; “Smoke” or “Smoking” includes the use or carrying of any lighted or activated or heated Water pipe as well as the fumes or byproducts of heating or combustion associated with Water pipe use. Page 783 of 817 By-Law Number 4 “Sporting Area” means an area where the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, used primarily for the purposes of sports including, but without being limited to soccer, football, basketball, tennis, baseball, softball, cricket, skating, beach volleyball, running, swimming, or skateboarding. “Water pipe” means any activated, lighted or heated smoking equipment used to burn or heat tobacco or a non-tobacco substance or a combination thereof, with which the vapor or smoke may be passed through a water basin before inhalation. PROHIBITIONS 2. That no person shall Smoke a Water pipe in: (a) an Enclosed Public Place; (b) an Enclosed Workplace; (c) a Patio; (d) a Playground; (e) a Public Place; (f) a Sporting Area; (g) a Spectator Area adjacent to a Sporting Area; (h) a School; or (i) any area that is within nine metres of any point on the perimeter of a Public Place, Playground, Sporting Area or Spectator Area adjacent to a Sporting Area. 3. That the prohibitions in this By-law shall apply whether or not a notice is posted that Water pipe Smoking is prohibited; 4. That no Person shall provide or supply a Water pipe for use in an area where Smoking a Water pipe is prohibited by this By-law; 5. That no Proprietor, Employer, or Employee shall encourage, entice, cause or permit the Smoking of a Water pipe within an Enclosed Public Place, Enclosed Workplace, or Restaurant or Patio or Sporting Area or Spectator Area; 6. No Property Owner, shall cause or permit use of a building or other structure that contains an Enclosed Public Place or an Enclosed Workplace building in which that Property Owner has a legal or beneficial interest to be used EXEMPTIONS Page 784 of 817 By-Law Number 5 7. That this By-law does not apply to a Highway including a pedestrian sidewalk adjacent to a Highway, but does apply to public transportation vehicles and taxicabs on a Highway; 8. That this By-law does not apply to the portion of a premises used primarily as a private dwelling; ENFORCEMENT 9. That where any Person contravenes any provision of this By-law, an Officer may direct such Person to comply with this By-law. Every Person so directed shall comply with such direction without delay; 10. That where an Officer has reasonable grounds to believe that an offence has been committed by a Person, the Officer may require the name, address, and proof of identity of that Person, and the Person shall supply the required information; 11. In the event the Medical Officer of Health is satisfied that a contravention of this By-law has occurred, Niagara Region may make an order, as authorized by section 444(1) of the Municipal Act, 2001 S.O. 2001 c25 (as amended or replaced from time to time) requiring the person who contravened the By-law or who caused or permitted the contravention or the Property Owner of the land on which the contravention occurred to discontinue the contravening activity and the Medical Officer of Health is by this By-law, delegated authority to issue such Orders. INSPECTIONS 12. That an Officer may enter and inspect all buildings, structures or parts thereof that are subject to this By-law at any reasonable time for the purposes of determining whether there is compliance with this By-law; 13. That for the purposes of an inspection under this By-law, an Officer may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessar y for the purposes of the inspection. 14. In the event the Medical Officer of Health determines that it would be beneficial for the enforcement of the requirements of this By-law, Niagara Region shall have Page 785 of 817 By-Law Number 6 all be entitled to: (a) seek a search warrant pursuant to section 439 of the Municipal Act, 2001 S.O. 2001 c25 (as amended or replaced from time to time); (b) Apply to restrain any breach or continuing breach of the By-law pursuant to section 440 of the Municipal Act, 2001 S.O. 2001 c25 (as amended or replaced from time to time); and OBSTRUCTION 15. That no Person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer lawfully carrying out a power, duty or direction under this By-law; OFFENCES 16. That every Person other than a corporation who contravenes any provision of this By- law, is guilty of an offence and on conviction is liable, for every day or part thereof upon which such offence occurs or continues, to a fine of not more than $10,000 for a first offence; and not more than $25,000 for any subsequent conviction; 17. That every Person other than a corporation who fails to promptly comply with an Order issued pursuant to section 11 of this By-law, is guilty of an offence and on conviction is liable, for every day or part thereof upon which such offence occurs or continues, to a fine of not more than $10,000 for a first offence; and not more than $25,000 for any subsequent conviction; 18. That every corporation which contravenes any provision of this By-law, is guilty of an offence and on conviction is liable, for every day or part thereof upon which such offence occurs or continues, to a fine of not more than $50,000 for a first offence and not more than $100,000 for any subsequent conviction; 19. That every corporation which fails to promptly comply with an Order issued pursuant to section 11 of this By-law, is guilty of an offence and on conviction is liable, for every day or part thereof upon which such offence occurs or continues, to a fine of not more than $50,000 for a first offence and not more than $100,000 for any subsequent conviction; 20. That without limiting any other section of this By-law, every Person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine in accordance with the Provincial Offences Act, R.S.O. 1990, c. P.33; 21. That without limiting any other section of this By-law, every Person who fails to promptly comply with an Order issued pursuant to section 11 of this By-law is guilty of an offence and on conviction is liable to a fine in accordance with the Provincial Offences Act, R.S.O. 1990, c. P.33; Page 786 of 817 By-Law Number 7 22. That if any Person is in contravention of any provision of this By-law, and the contravention has not been corrected, the contravention of the provision shall be deemed to be a continuing offence for each day or part of a day that the contravention remains uncorrected; 23. That for the purposes of this By-law, subsequent conviction means a conviction for an offence which occurs after the date of conviction for an earlier offence under this By-law; 24. That where any Person contravenes any provision of this By-law, such person shall be responsible for all costs incurred by the Region directly related to the contravention; SEVERABILITY 25. That if any section or sections of this By-law, or parts thereof are found by any court of competent jurisdiction to be illegal or beyond the power of Regional Council to enact, such section or sections or parts thereof shall be deemed to be severable from this By-law and all remaining sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be properly enacted and to be of full force and effect; CONFLICT 26. That in the event of a conflict between any provision of this By-law and any applicable Act or regulation, the provision that is the most restrictive prevails; EFFECTIVE DATE 27. That this By-law shall come into force and take effect on <insert date>, provided that the conditions in subsection 115(5) of the Municipal Act, 2001, S.O. 2001, c. 25 have been satisfied; SHORT TITLE 28. That the short title of this By-law is the “Niagara Region Water pipe Smoking By-law”. Page 787 of 817 Appendix 2 Survey Promotion for Public Consultation The target population for the public consultation survey was Niagara residents from all municipalities who were 16 and older. The survey was primarily promoted through paid advertisements on Niagara Region social media accounts (i.e. Twitter, Facebook, Instagram, and Snapchat). Advertisements were placed on the Niagara Region website Public Health landing page and the vine site. Municipal communications representatives for each LAM were provided a promotion toolkit enabling them to promote the survey through unpaid social media messages, email and/or newsletter, and other established communication channels. Finally, the survey may also have spread on social media organically and by word of mouth. PHD 2-2022 Appendix 2 Page 788 of 817 Appendix 3 Table 1 – Number and Proportion of Respondents by Municipality Municipality Population Estimate Proportion of Total Niagara Population Response Rate per Municipality Number of Respondents Proportion of Total Survey Respondents Niagara Region 447,888 100% 0.21% 956 96.27% St. Catharines 133,113 30% 0.25% 327 33.93% Niagara Falls 88,071 20% 0.22% 191 19.23% Welland 52,293 12% 0.19% 98 9.87% Fort Erie 30,710 7% 0.25% 76 7.65% Port Colborne 18,306 4% 0.25% 45 4.53% Lincoln 23,787 5% 0.16% 39 3.93% Niagara-on- the-Lake 17,511 4% 0.18% 31 3.12% Grimsby 27,314 6% 0.13% 35 3.52% Thorold 18,801 4% 0.26% 48 4.83% Pelham 17,110 4% 0.22% 38 3.83% West Lincoln 14,500 3% 0.09% 13 1.31% Wainfleet 6,372 1% 0.16% 10 1.01% PHD 2-2022 Appendix 3 Page 789 of 817 Appendix 4 Table 2 – Support Versus Opposition for a By-law by Municipality Municipality Support Number of respondents Support Proportion of respondents Opposition Number of respondents Opposition Proportion of respondents Niagara Region 581 60.8% 269 28.1% St. Catharines 197 60.2% 96 29.4% Niagara Falls 115 60.2% 48 25.1% Welland 56 57.1% 32 32.7% Fort Erie 45 59.2% 21 27.6% Port Colborne 23 51.1% 14 31.1% Lincoln 23 59.0% 14 35.9% Niagara-on- the-Lake 22 71.0% 7 22.6% Grimsby 22 62.9% 9 25.7% Thorold 31 64.6% 11 22.9% Pelham 27 71.1% 10 26.3% West Lincoln Not reportable Not reportable Not reportable Not reportable Wainfleet Not reportable Not reportable Not reportable Not reportable PHD 2-2022 Appendix 4 Page 790 of 817 Page 791 of 817 Page 792 of 817 Page 793 of 817 Page 794 of 817 Page 795 of 817 Page 796 of 817 Page 797 of 817 Page 798 of 817 A Great City … For Generations To Come TRANSIT SERVICES Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Carla Stout, General Manager, Transit Services Date: June 21, 2022 Re: Transit Request – Niagara 2022 Canada Summer Games Niagara 2022 Canada Summer Games coordinators have requested that Niagara 2022 Canada Summer Games volunteers and participants, showing their accreditation, be allowed to board and ride for free on the City of Niagara Falls transit system between the inclusive dates of August 3 to August 24, 2022. All transit operators across the Region of Niagara are in receipt of this request. Welland Transit, Niagara Region Transit and St Catharines Transit Commission have or are also currently acquiring approvals to provide these free trips across our systems to ensure approximately 5000 accredited participants and 4500 volunteers can connect across Niagara, attend and contribute to the Games’ success. It is unknown how many participants and/or volunteers will access events and competitions by public transit but any trip provided gratis represents a cost to the provider. Transit Services staff will endeavor to keep a record of trips provided and may, if requested, provide the overall value of this request to Council or the Games’ organizers after the events conclude on August 24, 2022. Although not explicitly requested, it is likely assumed by organizers that this request includes WEGO service along Lundy’s Lane, in the tourism core and to the brink of the Falls at TableRock. City transit service is provided on the Red and Blue lines of the WEGO service and would be included in approval of this request. All Niagara Parks Commission services provided for WEGO (Green line service along Niagara River Parkway to attractions provided by NPC) would not be included and would have to be a separate request of the Niagara Parks Commission by the event organizers or communicated clearly to participants and volunteers by organizers that a separate fee would be required to transfer onto NPC line(s). RECOMMENDATION: That the Council of the City of Niagara Falls approves the request by the Niagara 2022 Canada Summer Games for free trips on Niagara Falls Transit services to participants and volunteers who can present their accreditation at the time of boarding between the dates of August 3 to August 24, 2022. Attach. Correspondence from Barry Wright, CEO of the Niagara 2022 Canada Summer Games dated March 15, 2022. Page 799 of 817 \ NIAGARA JEUX DU CANADA GAMES NIAGARA2022 CANADASUMMER GAMES |JEUX D’ETé DU CANADA NIAGARA2022 March 15,2022 Jason Burgess,CAO W i‘‘ / City of Niagara Falls , _,.l 4310 QueenStreet ’ '' ‘ Niagara Falls,ON Canada L2E 6X5 RE:Niagara 2022 Canada Summer Games Transit Request Dear Jason Burgess: J‘ Niagara will be hosting the 2022 Canada Summer Games from August 6th to the 21st,at 18 Venues across the Region.There will be approximately 5000 accredited participants and 4500 accredited volunteers,all performing a multitude of tasks on a daily basis to ensure the success of the Games Volunteers from all across Niagara are involved and can be assigned to a venue that is not in their home community.For this reason,we are reaching out to all transit operators:St.Catharines Transit Commission,Welland Transit,Niagara Falls Transit,and Niagara Region -Niagara Region Transit.This makes the need for safe,scheduled,and reliable transportation of the utmost importance.Parking is Very limited at the venues and is required for VIPs,sponsor partners,sport of?cials,medical,broadcast,media, and other operations personnel. We are respectfully requesting that Games volunteers and participants,showing their accreditation,be allowed to ride at no charge on your transit system,for the period of August 3rd to August 24th.These dates encompass:the commissioning of the venues,the Opening Ceremony on August 6th,the competition dates of the Games,the Closing Ceremonies on August 21st,and the decommissioning of the venues. If more details are required,please contact:Mike Thomson,Transportation Manager,at Thank You for your consideration of our request./5;W,-to /orSincerely,low 2BarryWrightCEOPage 800 of 817 MW-2022-32 Report Report to: Mayor and Council Date: June 21, 2022 Title: Final Asset Management Plan Recommendation(s) No. Moved by: Councillor XX Seconded by: Councillor XX WHEREAS Ontario Regulation 588/17 Asset Management Planning for Municipal Infrastructure, made under the Infrastructure for Jobs and Prosperity Act, 2015 sets forth requirements for Ontario municipalities as it pertains to Asset Management planning and reporting for municipal infrastructure; and; WHEREAS Ontario Regulation 88/17 Section 3.(1) specifies that every municipality shall prepare an asset management plan in respect of its core municipal infrastructure assets by July 1, 2022, and in respect of all of its other municipal infrastructure assets by July 1, 2024; and WHEREAS Ontario Regulation 588/17 Section 8. Specifies that every asset management plan prepared under Ontario Regulation 588/17 under Section 5: Asset Management Plans, Current Levels of Service or Section 6: Asset Management Plans, Proposed Levels of Service, or updated under Section 7: Update of Asset Management Plans, must be: a. Endorsed by the executive lead of the municipality; and b. Approved by a resolution passed by the municipal council THEREFORE BE IT RESOLVED THAT the City's Asset Management Plan for Core Assets be ENDORSED by the CAO and approved by City Council as required under Ontario Regulation 588/17 for submission to the Ministry of Municipal Affairs and Housing by July 01, 2022 Written by: Tara Gudgeon, Infrastructure Asset Manager Submitted by: Status: Page 1 of 2 Page 801 of 817 Erik Nickel, Director of Municipal Works Approved - 13 Jun 2022 Jason Burgess, CAO Approved - 13 Jun 2022 Page 2 of 2 Page 802 of 817 The City of Niagara Falls, Ontario Resolution No. 7 Moved by: Seconded by: WHEREAS Ontario Regulation 588/17 Asset Management Planning for Municipal Infrastructure, made under the Infrastructure for Jobs and Prosperity Act, 2015 sets forth requirements for Ontario municipalities as it pertains to Asset Management planning and reporting for municipal infrastructure; and; WHEREAS Ontario Regulation 88/17 Section 3.(1) specifies that every municipality shall prepare an asset management plan in respect of its core municipal infra structure assets by July 1, 2022, and in respect of all of its other municipal infrastructure assets by July 1, 2024; and WHEREAS Ontario Regulation 588/17 Section 8. Specifies that every asset management plan prepared under Ontario Regulation 588/17 under Section 5: Asset Management Plans, Current Levels of Service or Section 6: Asset Management Plans, Proposed Levels of Service, or updated under Section 7: Update of Asset Management Plans, must be: a) Endorsed by the executive lead of the municipality; and b) Approved by a resolution passed by the municipal council THEREFORE BE IT RESOLVED THAT the City's Asset Management Plan for Core Assets be ENDORSED by the CAO and approved by City Council as required under Ontario Regulation 588/17 for submission to the Ministry of Municipal Affairs and Housing by July 01, 2022 AND The Seal of the Corporation be hereto affixed. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 803 of 817 CITY OF NIAGARA FALLS By-law No. 2022 - 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 Schedules “B”, “D4” and “D5” and that Schedules “B”, “D4” and “D5” attached hereto shall be inserted in lieu thereof. Read a first, second, third time and passed. Signed and sealed in open Council on this 21st day of June, 2022. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 804 of 817 SCHEDULE “B” 1. Municipal By-law Enforcement Officers: Paul Brown Jonathan Cook Robert Davis Sandro Elia Mansour Elmujamer Doug Evans Mike Formica John Grubich Gurlovepreet Rai Philip Rudachuk Bart Skiba Brian Sparks Gerald Spencer Heather Stones Nicholas Turkovich Salvatore Valeo 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 805 of 817 SCHEDULE “D4” HOCO LIMITED 1. Parking By-law Enforcement Officers on private property: Justin Baird James Hohl Abbey MacPherson Dean Murray Nathan Poole Ryan James Emily Romano Cory Vegh Jake Moody Sam Jackson SCHEDULE “D5” NIAGARA CLIFTON GROUP Parking By-law Enforcement Officers on private property: Frank Costabile Jillian Oliver Guillermo Palomo Shawn Collee Samantha Eberly Page 806 of 817 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, Michael Stewart 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. 2022-28 is hereby repealed. Read a First, Second and Third time; Passed, signed and sealed in open Council this 21st day of June, 2022. ........................................................ ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 807 of 817 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: By-law No. 89-2000, as amended, is hereby further amended (a) by removing from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Ascot Cir. North A point 45 m west of Sabine Dr. At All Times (east intersection) and a point 125 m West of Sabine Dr. (east intersection) (b) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Ascot Circle North A point 125 m west of Sabine Dr. At All Times (east intersection) and a point 87 m east of Sabine Dr. (east intersection) Ascot Circle South A point 18 metres west of Secretariat Court At All Times and a point 15 metres east of Secretariat Court Page 808 of 817 Ascot Circle South A point 13 metres west of Sabine Drive At All Times (east intersection) and a point 18 metres east of Sabine Drive (east intersection) This By-law shall come into force when the appropriate signs are installed. Passed this twenty-first day of June, 2022. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 21, 2022 Second Reading: June 21, 2022 Third Reading: June 21, 2022 Page 809 of 817 CITY OF NIAGARA FALLS By-law No. 2022 - A by-law to designate Lots 18, 48, and 62, Registered Plan 59M-491, not to be subject to part-lot control (PLC-2022-009). 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. 2020-014 to permit semi-detached dwellings; AND WHEREAS the owner of the said lands proposes to divide Lot 18 into 2 parts for 2 semi-detached dwelling units, divide Lot 48 into 2 parts for 2 semi-detached dwelling units, and divide Lot 62 into 2 parts for 2 semi-detached dwelling units, 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 Lots 18, 48, and 62, Registered Plan 59M-491, 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 21st day of June, 2022. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\PART LOT CONTROL\2022\PLC-2022-009 - LYONS CREEK (LOT 18, 48 ,62)\6. By-law\By-law - PLC-2022-009.docx Page 810 of 817 CITY OF NIAGARA FALLS By-law No. 2022 - A by-law to designate Lots 63 to 68 inclusive and Block 69, Registered Plan 59M-491, not to be subject to part-lot control (PLC-2022-010). 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. 2020-014 to permit semi-detached and townhouse dwellings; AND WHEREAS the owner of the said lands proposes to divide Lot 63 into 2 parts for 2 semi-detached dwelling units, divide Lot 64 into 2 parts for 2 semi-detached dwelling units, divide Lot 65 into 2 parts for 2 semi-detached dwelling units, divide Lot 66 into 2 parts for 2 semi-detached dwelling units, divide Lot 67 into 2 parts for 2 semi-detached dwelling units, divide Lot 68 into 2 parts for 2 semi-detached dwelling units, and divide Block 69 into 6 parts for 6 on-street townhouse dwelling units 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 Lots 63 to 68 inclusive and Block 69, Registered Plan 59M-491, 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 21st day of June, 2022. ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\PART LOT CONTROL\2022\PLC-2022-010 - CHIPPAWA WEST (LOTS 63, 64, 65, 66, 67, 68 & BLOCK 69)\6. By-law\By-law - PLC-2022-010.docx Page 811 of 817 CITY OF NIAGARA FALLS By-law No. 2022- A by-law to amend By-law Nos. 79-200 and 2013-126, to permit the use of the Lands to apartment dwellings (AM-2022-006). 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 Lands shall be identified as three parcels, known as Parcels R5D-1178, R5D- 1179 and R5D-1180. 3. The purpose of this by-law is to amend the provisions of By-law Nos. 79-200 and 2013-126, to permit the use of the Lands in a manner that would otherwise be prohibited by those by-laws. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law Nos. 79-200 and 2013- 126, the provisions of this by-law are to prevail. 4. Notwithstanding any provision of By-law Nos. 79-200 and 2013-126 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses shall be (a) For Parcel R5D-1178, the uses permitted in the R5D zone, and a retirement home; (b) For Parcel R5D-1179, the uses permitted in the R5D zone, and a retirement home; and, (c) For Parcel R5D-1180, the uses permitted in the R5D zone, and a retirement home. 6. The regulations governing the permitted uses on Parcel R5D-1178: (a) Minimum lot frontage 12.0 metres (b) Minimum front yard depth 7.5 metres (c) Minimum rear yard width 7.0 metres Page 812 of 817 2 (d) Minimum interior side yard width 30.0 metres from Railway right-of- way 5.3 metres from the southerly side lot line 7.0 metres from any other property line 3.0 metre separation distance between any two apartment dwellings (e) Maximum height of a building or structure 13.2 metres to a maximum of 4 storeys subject to Section 4.7 of By- law 79-200 (f) Maximum number of apartment dwellings 11 (g) Minimum number of parking spaces per dwelling unit 1.17 spaces per unit (h) Accessory buildings and accessory structures In accordance with Sections 4.13 and 4.14 of By-law No. 79-200 (i) Minimum landscaped open space 42% (j) The balance of regulations specified for a R5D use. 7. The regulations governing the permitted uses on Parcel R5D-1179: (a) Minimum lot area 66.8 square metres for each dwelling unit (b) Minimum rear yard depth 7.9 metres (c) Minimum interior side yard width 30 metres from Railway right-of-way 5.0 metres from the southerly lot line 7.0 metres from any other property line (d) Maximum height of a building or structure 22.0 metres to a maximum of 6 storeys subject to Section 4.7 of By- law 79-200 Page 813 of 817 3 (e) Maximum number of apartment dwellings 1 (f) Minimum number of parking spaces per dwelling unit 1.17 spaces per unit (g) Accessory buildings and accessory structures In accordance with Sections 4.13 and 4.14 of By-law No. 79-200 (h) Minimum landscaped open space 43% (i) The balance of regulations specified for a R5D use. 8. The regulations governing the permitted uses on Parcel R5D-1180: (a) Minimum lot frontage 12.0 metres (b) Minimum lot area 65.6 square metres (c) Minimum interior side yard width 30.0 metres from Railway right-of- way 4.0 metres from the easterly lot line 5.0 metres from the southerly lot line 8.4 metres from the westerly lot line 7.0 metres from any other property line (d) Maximum height of a building or structure 22.0 metres to a maximum of 6 storeys subject to Section 4.7 of By- law 79-200 (e) Maximum number of apartment dwellings 1 (f) Minimum number of parking spaces per dwelling unit 1.17 spaces per unit (g) Accessory buildings and accessory structures In accordance with Sections 4.13 and 4.14 of By-law No. 79-200 (h) The balance of regulations specified for a R5D use. Page 814 of 817 4 9. 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. 10. No person shall use the Lands for a use that is not a permitted use. 11. No person shall use the Lands in a manner that is contrary to the regulations. 12. The provisions of this by-law shall be shown on Sheets C3 and C4 of Schedule “A” of By-law No. 79-200 by redesignating the Lands from R5D and numbered 990 to R5D and numbered 1178, in part, R5D and numbered 1179, in part, and R5D and numbered 1180, in part. 13. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1178 Refer to By-law No. 2022-___. 19.1.1179 Refer to By-law No. 2022-___. 19.1.1180 Refer to By-law No. 2022-___. Read a First, Second and Third time; passed, signed and sealed in open Council this 21st day of June, 2022. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2022\AM-2022-006 Cropp Street, 6705, and Pettit Avenue\By-law\Bylaw - AM-2022-006.docx Page 815 of 817 Page 816 of 817 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 21st day of June, 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 21st day of June, 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 to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Read a first, second, third time and passed. Signed and sealed in open Council this 21st day of June, 2022. .............................................................. ............................................................. BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 817 of 817