The URL can be used to link to this page

02-28-2023 AGENDA City Council Meeting 4:00 PM - Tuesday, February 28, 2023 Council Chambers/Zoom App. Page 1. CALL TO ORDER O Canada: Performed by: Brianna Werhun (Singing live in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 2. ADOPTION OF MINUTES 2.1. Council Minutes of February 7, 2023 City Council - 07 Feb 2023 - Minutes - Pdf 12 - 19 3. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 4. MAYOR'S REPORTS, ANNOUNCEMENTS 5. APPOINTMENTS / PRESENTATIONS All speakers are reminded that they have a minimum of 5 minutes to make their presentation. 5.1. Appointments to Various Boards, Committees and Commissions Council Members are provided with ballots for the selection of citizen appointments to various Committees, etc., for the current term. Please take a few minutes to make your selections. Upon completion, Clerks staff will tally the votes and the results will be read aloud later in tonight's agenda, after which Council may wish to approve their appointments. Comments from Resident 20 - 21 5.2. Presentation regarding Bill 23 - More Homes, Built Faster Act (Presentation added) MPP Wayne Gates and local environmental activist, Owen Bjorgan, wish to raise their concerns about the bill's effects on local municipalities as well as its impacts on environmentally significant lands. 22 - 38 Page 1 of 605 Correspondence from Wayne Gates Office Presentation - Keep the Greenbelt Green Comments from Resident 5.3. Presentation - MPAC 101 (The Municipal Property Assessment Corporation) - Council Introduction Kailie Pyott, Account Manager for MPAC, is requesting an opportunity to provide our new Council with a fulsome explanation of who MPAC is and its role in the assessment and taxation system. Jon Hebden, Municipal & Stakeholders Relations, Regional Manager, will be in attendance to field questions if necessary. Presentation from MPAC - February 28th Comments from Resident 39 - 56 5.4. Concerns from Resident Resident Brian Medigee wishes to address Council regarding a few of his concerns, including: 1. Affordable housing to help with the homeless. 2. Create full time jobs not tourism full time jobs. 3. Revamping of the BIA or getting rid of it. 4. Be a good neighbor. 5. Crime 6. Speed changes for school areas Comments from Resident 57 - 58 5.5. Water/Wastewater Budget - Presentation Tiffany Clark, Director of Finance, will present the 2023 Water/Wastewater Budget to Council. Presentation - 2023 Water & Wastewater Budget - 02.28.23 2023 Wastewater Budget Summary 2023 Water Budget Summary 2023 Wastewater Budget - Budget Report by Function 2023 Water Budget - Budget Report by Function Comments from Resident 59 - 93 Page 2 of 605 6. PLANNING MATTERS 6.1. PBD-2023-10 (Comments added) Sign By-law Amendment Application: 5034 Victoria Avenue PBD-2023-10 - Pdf Sign by-law Presentation - SBA-2022 -001, 5034 Victoria Avenue Comments from Chris Matyja Comments from Resident 94 - 157 7. REPORTS 7.1. CLK-2023-02 Fee Waiver Application - 44th Annual Women's Place Book Riot CLK-2023-02 - Fee Waiver Applications - - Pdf Comments from Resident 158 - 168 7.2. COMM-2023-02 2023-2027 Strategic Plan COMM-2023-02 - Pdf Comments from Resident 169 - 174 7.3. FIR-2023-01 Fire Apparatus Acquisitions FIR-2023-01 - Pdf Comments from Resident 175 - 179 7.4. MW-2023-03 Niagara, St. Catharines and Toronto (NS&T) Trail Feasibility Master Plan MW-2023-03 - Pdf Comments from Resident 180 - 300 7.5. MW-2023-05 301 - 305 Page 3 of 605 Fallsview Boulevard Reconstruction Phase 2 Contract Award 2023-585-23 MW-2023-05 - Pdf Comments from Resident 7.6. PBD-2023-12 AM-2022-002 Zoning By-law Amendment Application 3770 Montrose Road Applicant: Cassone Dwellings (BT) Inc. Agent: Bousfields Inc (Evan Sugden) Lifting of Holding (H) Symbol PBD-2023-12 - Pdf Comments from Resident 306 - 312 7.7. PBD-2023-13 26T-2022-002 Draft Plan of Subdivision & 26CD-11-2022-007 Exemption from Common Elements Condominium 2700 Mewburn Road Applicant: 11517945 Canada Inc. (Ahmed Abbas) Agent: NPG Planning Solutions (Aaron Butler) PBD-2023-13 - Pdf Comments from Resident 313 - 326 7.8. PBD-2023-14 Municipal Housing Target and Municipal Housing Pledge PBD-2023-14 - Pdf Letter from Minister Steve Clark- to Mayor Diodati Comments from Resident 327 - 344 8. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Page 4 of 605 Prior to the motion being taken, a councillor may request that on e or more of the reports be moved out of the consent agenda to be considered separately. 8.1. L-2023-05 Declare Surplus of Lands 4621 St. Clair Avenue Our File No. 2022-161 L-2023-05 - Pdf Comments from Resident 345 - 354 8.2. MW-2023-04 Bell Canada Fibre Internet Expansion in the City of Niagara Falls MW-2023-04 - Pdf Comments from Resident 355 - 365 8.3. MW-2023-06 Assumption of Various Subdivisions MW-2023-06 - Pdf 366 - 370 8.4. PBD-2023-11 Development and Housing Monitoring Report: 2022 Year in Review PBD-2023-11 - Pdf 371 - 392 9. 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 #9.1 through to and including Item #9.4. Page 5 of 605 9.1. Flag-Raising Request - 13th Annual Italian Heritage Month The National Congress Italia Canada, Niagara Peninsula District, is requesting Council to approve a flag-raising ceremony on Friday, June 9, 2023 to celebrate the 13th year of Italian Heritage Month. Flag-Raising - Italian Heritage Month Comments from Resident 393 - 395 9.2. Proclamation Request - Crohn's and Colitis Canada Crohn's and Colitis Canada is requesting the City of Niagara Falls to proclaim the month of November 2023 as "Crohn's and Colitis Awareness Month." Inflammatory bowel disease (IBD) describes a group of conditions, the two main forms of which are Crohn's disease and ulcerative colitis. IBD also includes indeterminate colitis. Proclamation - Crohn's and Colitis Month - November 2023 396 9.3. Proclamation Request - Knights of Columbus Week The attached letter is a request for the City of Niagara Falls' Council to proclaim April 23 through April 30, 2023, as "Knights of Columbus Week" in Niagara Falls. Proclamation Request - KofC Warden to Niagara Falls Mayor and Council 16 Feb 2023 Proclamation - Knights of Columbus Week 2022 397 - 398 9.4. Proclamation Request - Save Soil Movement Puja Patel, of "A Voice to Save Soil from Canada," is requesting Niagara Falls' Council to proclaim March 21, 2023 as "Save Soil Day" in the City of Niagara Falls. Proclamation Request - Save Soil Movement 399 - 403 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive and file for information Item #10.1 through to and including Item #10.7. 10.1. The Downtown Niagara Falls Business Improvement Association - Removal of Chairman (Comments added) Attached is a letter from the Board of Management for Downtown Niagara Falls notifying Council of a motion passed to remove Phil 404 - 437 Page 6 of 605 Ritchie as Chairman of the Downtown Niagara Falls Business Improvement Association. Letter for Removal of Chair - Feb 2023 10.1 - Comments from Resident Correspondence from Julio Batres-Gavidia 10.2. Letter to the Premier from the Town of Niagara-on-the-lake regarding Bill 23 Attached is a letter from the Municipality of the Town of Niagara- on-the-Lake dated February 10, 2023, regarding Bill 23. Letter to Premier - Bill 23 Correspondence - NOTL Letter to Premier re Bill 23.msg 438 - 440 10.3. Resolution and Letter from the Municipality of Shuniah opposing Bill 3 Attached is a letter from the Municipality of Shuniah dated February 10, 2023 re: Municipal Petition in Opposition To Bill 3 Resolution 45-23 from the Municipality of Shuniah re: Bill 3 20230210 Letter from Shuniah re Opposition to Bill 3 Council Resolution 01 Jan 2023 - 45-23 (Bill 3) 441 - 443 10.4. Resolution - Niagara Region - Declarations of Emergency for Homelessness, Mental Health and Opiod Addiction Please be guided by the attached resolution from the Niagara Region respecting Declarations of Emergency for Homelessness, Mental Health and Opiod Addiction. CLK-C 2023-019 COM-C 14-2023 - Motion Respecting Declarations of Emergency for Homelessness, Mental Health and Opiod Addiction 444 - 447 10.5. Correspondence from the Niagara Region Please be guided by the attached report - Niagara Region Climate Change Projections. CLK-C 2023-022 PDS 2-2023 - Niagara Region Climate Change Projections 448 - 460 Page 7 of 605 10.6. Resolution - Town of Grimsby - Changes to the Municipal Heritage Register Please be guided by the attached resolution from the Town of Grimsby regarding Changes to the Municipal Heritage Register. 2023.02.06 TOG Resolution Changes to the Municipal Heritage Register 461 - 463 10.7. Comments from Resident Comments from Resident 464 - 474 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Appointments to Various Boards, Committees and Commissions Results of the citizen appointments to the various committees will be read aloud by the City Clerk, Bill Matson. 11.1. Appointments to Various Boards, Committees and Commissions Results of the citizen appointments to the various committees will be read aloud by the City Clerk, Bill Matson. 11.2. Downtown Board of Management - City Council Letter - 2023 Budget and Levy Letter (Comments added) Attached is the 2023 Budget and Levy Letter from the Niagara Falls Downtown Board of Management. Recommendation: For Council's Consideration. City Council Letter - 2023 Budget and Levy Letter NFBIA 2023 Operating Budget Correspondence from Phil Ritchie Comments from Resident Correspondence from Julio Batres-Gavidia 475 - 534 11.3. Victoria Centre BIA - 2023 Budget Attached is the approved 2023 budget for the VCBIA as approved at its Board Meeting of February 9, 2023. Recommendation: For Council's Consideration. VCBIA Budget - 2023 535 - 536 Page 8 of 605 Correspondence -VCBIA 2023 Budget.msg 11.4. Ontario Ombudsman - Letter to Council - Best practices regarding Code of Conduct Attached is a letter from the Office of the Ombudsman of Ontario outlining the Ombudsman's best practices regarding Codes of Conduct. Recommendation: That the comments from the Ombudsman's Office be referred to Staff to come back with amendments to the Code of Conduct for Council's consideration. PD. Niagara Falls. 21Feb23 Comments from Resident 537 - 545 11.5. Resolution - Town of Grimsby - Barriers for Women in Politics Please be guided by the attached correspondence regarding a resolution from the Town of Grimsby pertaining to Barriers for Women in Politics. Recommendation: For Council's Consideration. 2023.02.21 TOG Resolution Barriers for Women in Politics 546 - 547 12. 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. 12.1. NOTICE OF MOTION - Victoria Centre BIA - One Way Traffic Issue Attached is a request for a Motion of Notice from Councillor Lococo in regards to the one way traffic on Centre Street Victoria BIA - Centre Street One Way Issue Notice of Motion - Centre Street Feb 28 2023 548 - 550 Page 9 of 605 13. RESOLUTIONS 13.1. Resolution No. 4 - Safe Restart Agreement (SRA) Phase 4 Resolution That the Council of the City of Niagara Falls supports requesting additional financial assistance under Phase 4 of the Safe Restart Agreement stream to address COVID-19 municipal transit pressures for Phase 4, incurred from February 1, 2022 to December 31, 2022. No. 4 - SRA Phase 4 Resolution 2.28.23 SRA4 TPA - Niagara Falls 551 - 576 14. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2023- 012. A by-law to amend By-law No. 79-200, to permit the use of the lands for a detached dwelling (AM-2022-022). By-law 2023-012 - AM-2022-022 - 7961 Booth Street - ZBA 577 - 579 2023- 013. A by-law to amend By-law No. 2022-088, which amended By- law No. 79-200, to remove the holding symbol (H) on the lands municipally known as 3770 Montrose Road to allow for the development of 26 semi-detached dwelling units, 109 townhouse dwelling units, and 140 apartment (stacked townhouse) dwelling units (AM-2022-002). By-law 2023-013 - AM-2022-002 Lift H 580 - 581 2023- 014. A by-law to exempt the property municipally known as 2700 Mewburn Road from the requirements for approval of condominium descriptions under Sections 51 and 51.1 of the Planning Act. By-law 2023-014 - Exemption for 2700 Mewburn 582 2023- 015. A by-law to declare Part PIN 64326-0135 (LT), Part Lane, Plan 997, Lying S of Leader Lane, N of Ferguson Street, E of Broughton Street and W of Hickson Avenue, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. By-law 2023-015 - Declare Surplus 583 Page 10 of 605 2023- 016. A by-law to permanently close part of a highway. By-law 2023-016 - Permanently Close Part of Road Allowance 584 2023- 017. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Limited Parking, Loading Zones, Parking Prohibited, Metered Parking Queen Street BIA). By-law 2023-017 - February 28 - Crysler Avenue, Queen Street 585 - 588 2023- 018. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Meter Zones, Stopping Prohibited, Standing Prohibited, Loading Zones). By-law 2023-018 - February 28 - Fallsview Boulevard 589 - 591 2023- 019. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Pedestrian Crossovers, Stopping Prohibited). By-law 2023-019 - February 28 - Simcoe & Buckley PXO 592 - 593 2023- 020. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Administrative Monetary Penalties). By-law 2023-020 - February 28 - Administrative Monetary Penalties 594 - 598 2023- 021. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Meter Zones, Metered Parking Queen St. BIA, Metered Parking Main Street BIA, Metered Parking Chippawa). By-law 2023-021 - February 28 - Schedule G, G2, G3, G4 599 - 604 2023- 022. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28th day of February, 2023. By-law 2023-022 - 02 28 23 Confirming By-law 605 15. ADJOURNMENT Page 11 of 605 MINUTES City Council Meeting 4:00 PM - Tuesday, February 7, 2023 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, February 7, 2023, at 4:22 PM, in the Council Chambers, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne Campbell, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson (All present in Chambers) STAFF PRESENT: Jason Burgess, Bill Matson, Margaret Corbett, Michael Stewart, Danijel Dragosavljevic, Shelley Darlington, Dave Etherington, Nidhi Punyarthi, Erik Nickel, Jo Zambito (Present in Chambers). Shawn Oatley, Andrew Bryce, Serge Felicetti, Kathy Moldenhauer, Tiffany Clark, Trent Dark (Present via Zoom). 1. IN CAMERA SESSION OF COUNCIL 1.1. Resolution to go In-Camera Moved by Councillor Tony Baldinelli Seconded by Councillor Mona Patel That Council enter into an In-Camera session. Carried Councillor Campbell was absent for vote 2. CALL TO ORDER The meeting was called to order at 4:22PM. 3. ADOPTION OF MINUTES 3.1. Council Minutes of January 31, 2023 (Special City Council Meeting) Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange That Council approve the minutes of the January 31, 2023 Special City Council Meeting as presented. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST Page 1 of 8 Page 12 of 605 a) Councillor Lococo declared a conflict of interest for the meetings of January 24th and January 31st for any reference to the Niagara Falls Art Gallery in F- 2023-10 Operating Budget. Councillor Lococo sits on the board as a resident. b) Councillor Pietrangelo declared a conflict of interest for item #9.1, Niagara Region Correspondence. The Councillor's family owns land in the affected area. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: • Ilona Kouidere, sister of Anita O’Neil of our Building Department, • David Watt, former City Employee with our Municipal Works Dept. • John “Jack” Lea, father of Tim Lea in Fire Suppression Services. • Louise Baglieri, mother of city staff members, Evan & Jonathan Baglieri and mother-in-law of Carey Campbell. • Sal Pietrangelo, father of Nick Pietrangelo of our traffic and Parking Division and uncle of Councillor Victor Pietrangelo. b) Mayor Diodati made the following announcements: City Council Representatives Councillor Patel Summit of Coalition of Support Groups in Canada Tools of Tools (Photo shown) • Featuring Wayne Moore • Runs until Sat. April 8th at the NF History Museum • Also attended by Councillor Patel Crime Stoppers Flag Raising(Photo shown) • Also attended by Councillor Nieuwesteeg and Councillor Patel Sports Wall of Fame Induction Ceremony(Photo shown) • Inductees for 2021 & 2022 • Also attended by Councillors Patel, Nieuwesteeg, Lococo, Pietrangelo and Strange Grand Openings/ Business Happenings (Photos shown) • F45 Niagara Falls Grand Opening o Also attended by Councillors Patel and Nieuwesteeg • S&C Tattoo Parlour and Barber Shop o Also attended by Councillors Lococo, Patel and Nieuwesteeg • Niagara Fasteners—50th Anniversary c) The next Council meeting is scheduled for Tuesday, February 28, 2023. 6. DEPUTATIONS / PRESENTATIONS Page 2 of 8 Page 13 of 605 6.1. Deputation regarding property matters Resident Evi Mitchinson addressed Council regarding a severe ponding problem recurring in her mother's backyard. Members of Council were able to ask questions and Staff provided comment. Moved by Councillor Mike Strange Seconded by Councillor Victor Pietrangelo THAT staff amend the wording on the waiver to only include the pipe and not the discharge or street water. Carried Unanimously 6.2. Request to Refund Development Charges - Lucas Bahdi Building permit number BP-2021-0048 at 4389 Beechwood Road Resident, Lucas Bahdi requested a refund for development charges paid on building permit BP-2021-0048. Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT Staff refund the City's portion of the development charges paid for the property of 4389 Beechwood Road to Mr. Lucas Bahdi, in the amount of $8,321.00, AND THAT the refund be funded from reserves. Carried Councillor Lococo opposed 7. REPORTS 7.1. F-2023-05 2020 Corporation of the City of Niagara Falls (Draft) Consolidated Financial Statements Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell Recommendation: That Council APPROVE the 2020 Corporation of the City of Niagara Falls Draft Consolidated Financial Statements. Carried Unanimously 7.2. L-2023-04 Proposed Conveyance of City Own Land to 2808378 Ontario Inc. Ferguson Laneway adjacent to 4473-4478 & 4499 Ferguson Street Our File No. 2022-134 Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo Recommendations: Page 3 of 8 Page 14 of 605 1. In the event that Council determines that it is in the public interest to do so, that the Ferguson Street Laneway (located between 4473-4478 & 4499 Ferguson Street) hereinafter referred to as the "Subject Lands", as shown in red on the attached map as Schedule "A", be permanently closed and declared surplus to the City's needs for the purposes of selling the Subject Lands to both abutting landowners, being the owners of 4473-4478 and 4499 Ferguson Street. 2. That any sale of the Subject Lands be conditional upon the lands being merged in title with the abutting lands. 3. That the City Solicitor and Chief Administrative Officer, or their designate, is authorized to execute all other documentation and take whatever steps necessary to carry out Recommendations 1 and 2 Carried Councillor Strange was not present for vote 7.3. MW-2023-02 Forestview/Garner Stormwater Management Pond Cleanout and Retrofit - Cost Sharing Agreement Moved by Councillor Victor Pietrangelo Seconded by Councillor Lori Lococo Recommendations: 1. That the City enter into a cost sharing agreement with the developers of Garner Place Subdivision (Plan 59M-510) to implement improvements and an expansion to the existing Stormwater Management Pond located at Garner Road and Forestview Boulevard. 2. That the General Manager of Municipal Works be authorized to execute the cost sharing agreement on the City's behalf for the estimated amount of $270,770, the amount to be funded through the approved 2021 Stormwater Management Pond Assessment and Cleanout account (STMS51-21). Carried Unanimously 7.4. PBD-2023-06 Information Report Vacant Building Registry and Vacant Residential Building Tax Moved by Councillor Lori Lococo Seconded by Councillor Wayne Thomson Recommendations: 1. That Council direct staff to initiate a Vacant Building Registry and a Vacant Building Registry By-law to be in place during the fourth quarter of 2023 to encourage the repurposing of vacant building stock for residents and businesses. 2. That Council direct staff to bring back a report at a future date outlining how the City may implement a vacant land tax to deal with idle properties. Carried Unanimously 7.5. PBD-2023-09 Page 4 of 8 Page 15 of 605 Information Report to Council for Uppers Quarry Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel Recommendation: That Council receive this report for information purposes. Carried Unanimously 8. CONSENT AGENDA 8.1. F-2023-06 Monthly Tax Receivables Report (December) Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo Recommendation: That Council RECEIVE the Monthly Tax Receivables report for information purposes. Carried Unanimously 8.2. PBD-2023-07 Downtown Community Improvement Plan Application DOW-2022-001 4578-4588 Queen Street Applicant: Edward Pybus Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo That Council approve the Commercial Building and Façade Improvement Grant Application for 4578-4588 Queen Street, subject to the applicant satisfying the program requirements. Carried Councillor Patel opposed 8.3. PBD-2023-08 Lundy's Lane Community Improvement Plan - Commercial Facade, Landscaping and Property Improvement Grant Application, LLN-2023-001 6915 Lundy's Lane Applicant: On the Ridge Retail Inc. Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo That Council approve the Commercial Façade, Landscaping and Property Improvement Grant Application for 6915 Lundy’s Lane, subject to the applicant satisfying the program requirements. Carried Unanimously Page 5 of 8 Page 16 of 605 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 9.1. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following matters: 1. Niagara Region Report CSD 4-2023 - Approval of 2023 Interim Levy Dates and Amounts 2. Niagara Region Report PDS 3-2023 - Approval of the Niagara Official Plan 3. Niagara Region Report CSD 2-2023 - 2023 Budget - Waste Management Services Operating Budget and Rate Requisition Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange THAT Council receive and file for information. Carried Unanimously Councillor Pietrangelo having a conflict of Interest 9.2. Letter from the Minister of Municipal Affairs and Housing - 234-2023-285 City of Niagara Falls Attached is letter from the Honourable Steve Clark, Minister of Municipal Affairs and Housing regarding the extension of the Streamline Development Approval Fund Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange THAT Council receive and file for information. Carried Opposed by Councillor Patel 9.3. Resolution – Town of Fort Erie – Freshwater Health Campaign Attached is a resolution from the Town of Fort Erie that was passed at its meeting of January 23, 2023 regarding the Great Lakes and St. Lawrence Cities Initiative – Freshwater Health Campaign Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange THAT Council receive and file for information. Carried Unanimously 9.4. Memo from Finance - Niagara Falls Hydro Holding Corporation Attached is a memo from Tiffany Clark, Director of Finance, informing Council of the Niagara Falls Hydro Corporation update to the Shareholder. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council receive and file for information. Page 6 of 8 Page 17 of 605 Carried Unanimously Councillor Lococo abstained from vote 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Special Occasion Permit Request – 2023 Niagara I Heart Beer & Taco Festival Organizers of the event are looking to Council for a letter of Municipal Significance for this festival taking place at the Niagara Convention Centre on Saturday March 25, 2023 from 4:00 p.m. to 10:00 p.m. With Council declaring the event as “municipally significant”, this will assist the organizers with obtaining a Special Occasion permit from the AGCO. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange That Council declare the 2023 Niagara I Heart Beer & Taco Festival as an event of municipal significance in the City of Niagara Falls in order to assist with obtaining a Special Occasion Permit from the AGCO. Carried Unanimously 10.2. Comments from Resident Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell That Council receive the correspondence for information. Carried Unanimously 11. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel That Council approve a 2023 Capital Budget amendment of $75,000 for software licensing, funded by the OLG Reserve. Carried Unanimously 12. NOTICE OF MOTION/NEW BUSINESS a) Niagara Military Museum Councillor Thomson discussed the need for an elevator for the veterans at the Niagara Military Museum. Staff to come back with a report. Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo THAT Council direct staff to come back with a report regarding the Niagara Military Museum about the possible use of a 2nd floor elevator or chair lift. Page 7 of 8 Page 18 of 605 Carried Unanimously Councillor Strange absent from vote 13. BY-LAWS 2023- 010. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited) 2023- 011. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 7th day of February, 2023. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel THAT the by-laws be read a first, second and third time and passed. Carried Unanimously 14. ADJOURNMENT a) Adjournment Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Tony Baldinelli That Council adjourn the meeting at 6:25PM. Carried Unanimously Mayor City Clerk Page 8 of 8 Page 19 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-02 Friday, February 24, 2023 5.1 Appointments to Various Boards, Committees and Commissions Council, 5.1 Appointments to Various Boards, Committees and Commissions is on the agenda, the public has a right to comment on it, without providing details on the various committees and disclosing the citizen names requesting to be on them, on the actual agenda, the citizen of Niagara Falls are being deigned the opportunity to make comment to such. It will be too late to comment if they are presented during the meeting. Heads up, this current course of action is going to trigger a complaint. The OPNFC recommends council not proceed with the event until such time as the information is published to allow for public comments to be attached to the agenda and to direct the clerks office to publish the information in a timely manner to allow for public comments. Transparency people ... remember your campaign platforms. Furthermore, the Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett, has submitted a request to be on the Committee of Adjustment and the Property Standards and Dangerous Dog Committee. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Page 20 of 605 Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 21 of 605 1 Michael Stewart To:Bill Matson; Kira Dolch; Jason Burgess; Andrew Bryce Cc:Heather Ruzylo Subject:RE: [EXTERNAL]-MPP Wayne Gates - Request to Present at Council February 28th From: Ascah, Quinton <QAscah@ndp.on.ca> Sent: Wednesday, February 8, 2023 3:19 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: RE: [EXTERNAL]-MPP Wayne Gates - Request to Present at Council February 28th Hi Bill, Thank you for your reply. MPP Gates wants to focus his presentation on the implementation of Bill 23, the new provincial More Homes, Built Faster Act. MPP Gates wants to raise his concerns about the Bill’s effects on local municipalities, including the Town of Fort Erie, as well as its impacts on environmentally significant lands. MPP Gates is also hoping to be joined in his presentation by Owen Bjorgan, a local environmental activist and conservationist. If there is any other information you need, please do not hesitate to reach out, Quinton Ascah Office of Wayne Gates MPP (Niagara Falls, Niagara-on-the-Lake and Fort Erie) ______________________________________________________ Niagara Falls : tel/ tél.: (905) 357-0681 | fax/ téléc.: (905) 357-9456 Fort Erie : tel/ tél.: (905) 871-8868 | fax/ téléc.: (905) 871-4717 Niagara-on-the-Lake : tel/ tél.: (289) 241-2238 | WayneGates.com ______________________________________________________ Niagara Falls : tel/ tél.: (905) 357-0681 | fax/ téléc.: (905) 357-9456 Fort Erie : tel/ tél.: (905) 871-8868 | fax/ téléc.: (905) 871-4717 Niagara-on-the-Lake : tel/ tél.: (289) 241-2238 | WayneGates.com Confidentiality Warning: This message and any attachments are intended only for the use of the intended recipient(s), are confidential, and may be privileged. If you are not the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, copying, circulation or other use of this message and any attachments is strictly prohibited. If you are not Page 22 of 605 2 the intended recipient, please notify the sender immediately by return e-mail, and delete this message and any attachments from your system. Thank you. Information confidentielle: Le présent message, ainsi que tout fichier qui y est joint, est envoyé à l'intention exclusive de son ou de ses destinataires; il est de nature confidentielle et peut constituer une information privilégiée. Nous avertissons toute personne autre que le destinataire prévu que tout examen, réacheminement, impression, copie, distribution ou autre utilisation de ce message et de tout fichier qui y est joint est strictement interdit. Si vous n'êtes pas le destinataire prévu, veuillez en aviser immédiatement l'expéditeur par retour de courriel et supprimer ce message et tout document joint de votre système. Merci. COPE 343 From: Bill Matson <billmatson@niagarafalls.ca> Sent: February 8, 2023 2:14 PM To: Ascah, Quinton <QAscah@ndp.on.ca> Subject: RE: [EXTERNAL]-MPP Wayne Gates - Request to Present at Council February 28th ! CAUTION: External message. Quinton, We can make sure that we add in Mr. Gates to the February 28th Council agenda. Could you just share with me what his presentation would entail / topic to be discussed, and if there is any direction he may be seeking from Council? 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: Ascah, Quinton <QAscah@ndp.on.ca> Sent: Wednesday, February 8, 2023 11:57 AM To: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-MPP Wayne Gates - Request to Present at Council February 28th Good morning, Bill, I hope this email reaches you well. My name is Quinton, and I work in the constituency office of MPP Wayne Gates. I left you a voicemail moments ago. I called City Hall earlier and was given your contact information. I wanted to book in MPP Gates on the agenda to present to the next meeting of council on February 28th. If you could advise about next steps for booking MPP Gates to present, I would greatly appreciate it. Looking forward to speaking with you soon, Quinton Ascah Page 23 of 605 3 Office of Wayne Gates MPP (Niagara Falls, Niagara-on-the-Lake and Fort Erie) ______________________________________________________ Niagara Falls : tel/ tél.: (905) 357-0681 | fax/ téléc.: (905) 357-9456 Fort Erie : tel/ tél.: (905) 871-8868 | fax/ téléc.: (905) 871-4717 Niagara-on-the-Lake : tel/ tél.: (289) 241-2238 | WayneGates.com ______________________________________________________ Niagara Falls : tel/ tél.: (905) 357-0681 | fax/ téléc.: (905) 357-9456 Fort Erie : tel/ tél.: (905) 871-8868 | fax/ téléc.: (905) 871-4717 Niagara-on-the-Lake : tel/ tél.: (289) 241-2238 | WayneGates.com Confidentiality Warning: This message and any attachments are intended only for the use of the intended recipient(s), are confidential, and may be privileged. If you are not the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, copying, circulation or other use of this message and any attachments is strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return e-mail, and delete this message and any attachments from your system. Thank you. Information confidentielle: Le présent message, ainsi que tout fichier qui y est joint, est envoyé à l'intention exclusive de son ou de ses destinataires; il est de nature confidentielle et peut constituer une information privilégiée. Nous avertissons toute personne autre que le destinataire prévu que tout examen, réacheminement, impression, copie, distribution ou autre utilisation de ce message et de tout fichier qui y est joint est strictement interdit. Si vous n'êtes pas le destinataire prévu, veuillez en aviser immédiatement l'expéditeur par retour de courriel et supprimer ce message et tout document joint de votre système. Merci. COPE 343 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 24 of 605 woaosnm303:0zmmm ..mm:E:®>b<b:<m:.c:Im.:m<sO.. \Em$>.Eo.\mdmm cmmgoxm:m§O .$u:&§::Epom ,.:\\ ‘ 59.0=wn_:wm._O2:n_wwv_Page 25 of 605 Page 26 of 605 mas. _ wz Page 27 of 605 2833Uma???mvwaxUmpdm?mmumPage 28 of 605 O.._omcc_>>U:“ $__ .«CNCWQO Page 29 of 605 Page 30 of 605 Page 31 of 605 Page 32 of 605 Page 33 of 605 wm?oUcmE5895Esocm>:>>Amv. wcozom9.299...w_xmm$_._._mn__moo_Ucm_m::_:oH.mc>>Amy. %:o_39oa.._mg:m2®ho_m>oEm._>2.>_..om__c:_ ....__..___=2_am__=Ea=_____2aa__=Page 34 of 605 mv___mmcmE_EUcmmu___U__>>.6co_..m_mcmm Hxm:m£..omqE____>>\SO:m_umEm:o_m_omQ £_mm;_mo_mo_o_pUcm_mEmE.:o_..m._..mm:_umm :op._mo.mc__ooo:33.>..___pm..m__om._o:coo coo:9.m:o____Ewm_u_>oEmmo_>._mmEQ.m>woom_ m..mEm_moUcmm_QEmxm>3umm_Q.mmsmouoomI >__m:o_..m:._mE_>..__mq_o_::E50>coEmmm>m__< >_mw_>>®._OEao_m>m_u cmo9s-..EmEao_m>m_u-_...:m_.mg m_nm_u_o>mUcmmc_mmm:mn_Em29629:m9__£20.2H_m|g.<Page 35 of 605 __u::o050>x:m:._.Page 36 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-03 Friday, February 24, 2023 5.2 Presentation regarding Bill 23 - More Homes, Built Faster Act (Presentation added) Wayne, By the information provided on the agenda, looks like your presentation is focusing on the environment, the OPNFC supports your endeavors in these matters. When our local council voted to present to the Minister their universal Bill 23 disapproval letter and the Minister totally disregarded it and did what he said they were going to do anyways it sort of made them look weak and stupid. You can be on the train or rolled over by it, well they got rolled. During your presentation could you clarify if you are opposing the entire Bill 23 or just portions of it. There is some merit to portions of Bill 23, providing housing and the provinces assertion that the lack of progress at the municipal level of achieving it is occurring. Our very own municipal council is a "poster boy" for this assertion, it has failed to complete any affordable housing within the city, in the fours years of its term, it is not recalled that any planning matter before the former council resulted in any affordable housing being completed and it appears that the trend will continue as no allotment was provided for such within this years budgets. Conformation is just a short drive away. 4500 Park St. is the latest example of our cities failed attempt, the newest affordable housing development within the city is a $2 million hole in the ground in the downtown core. We speak of Canada having a high standard of living, the quality of our natural environments is part of that standard and should be defended. Page 37 of 605 It is the mandated of the OPNFC to defended those which cannot defend themselves, Mother Nature is no exception. Your presentation material on the agenda doesn't present much information to comment on at this time, so recommendations cannot be provided, whatever it is your trying to convey to us, it would be more reassuring and creditable if your doing it from within a cabin on the train as opposed to holding on to the undercarriage. Non-majority party MPP's are just a squishy as Councilors on the Provincial Express. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 38 of 605 1Page 39 of 605 2Page 40 of 605 3Page 41 of 605 4Page 42 of 605 5 Assessment Updates Page 43 of 605 Page 44 of 605 7Page 45 of 605 8Page 46 of 605 *Education tax rates are set by the provincial governmentPage 47 of 605 10Page 48 of 605 Page 49 of 605 12Page 50 of 605 13Page 51 of 605 Your Municipal Contacts (optional) 14 Name Account Manager Contact # Contact Email Name Regional Manager Contact # Contact EmailPage 52 of 605 15 Kailie Pyott Account Manager Kailie.Pyott@mpac.ca 289.335.0876 Jon Hebden Regional Manager Jon.Hebden@mpac.ca 226.317.0274 Page 53 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-04 Saturday, February 25, 2023 5.3 Presentation - MPAC 101 (The Municipal Property Assessment Corporation) - Council Introduction Kailie, The title suggests that you will not address questions from residents, if this inference is incorrect then can you ... 1) elaborate on Equable Assessment, MPAC's legislated procedure whereby a properties assessed value can be reduced by comparing to similar local properties. 2) elaborate on the different methods by which MPAC can assess a property, Niagara Falls has many hotels and industrial properties that are not assessed via the Direct Comparison Approach, it would be nice to understand how these properties are assessed using the other valuation methods. I am most curios to know how hotels which are clearly worth tens or even hundreds of millions of dollars at market value end up being assessed well below that value. This council also recently had a hotel association complain during the budget procedures that they were overly burdened by their current property assessment values. An answer to this question would go a long way to understanding their perspective. 3) elaborate on the various changes that allow MPAC to increase the assessed value of a property and perhaps more so the changes that will not result in an increased value assessment. Many people most likely do not understand the assessment freeze enacted by the provincial government and an answer to this question would go along way in educating them. Kailie, most of my questions to you are general in nature for the education of council and the general public, could you do me a personal favor and clarify one particular question. Page 54 of 605 4) City councils often pass zoning amendments, is the act alone of a city changing a zoning by-law automatically and without exception considered a change in property use that results in reassessments of all the properties with the influence of the zoning amendment. If I may make a reference to the movie the Hitchhikers Guide to the Galaxy, "we would really like an answer, something simple" and no the answer 42 is not the answer were looking for. 5) clarify that on page 12 of your presentation where MPAC asserts that the "MYTH", "My property value .... taxes will double" is not entirely true. It should be clarified to the public that it is a possible outcome. As an example, on this very day that you address this council, the municipality of Niagara Falls has already committed to the 2023 tax levy rate, if tomorrow a property gets a new value assessment which is double what it was today its property tax liability will have doubled. Would you please disprove or confirm this assertion. 6) Furthermore, clarify that on page 12 the "FACT", "There is no 1:1 relationship ..... taxation." would be more accurate if "change in taxation" were to read "change in the taxation rate." As presented the term "taxation" may be misinterpreted as "money paid as tax " (actual dollar value paid by a property owner) and not the "the levying of tax" (the tax rate approved by a council) which would appear to be the intent of the statement. I could have asked many more questions but reading them aloud would have exceeded the 5 minute time allotment policy of our council for presentations, but the six above fit within that time limit. Looking forward to the answers as I suspect many other are too. Page 55 of 605 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 56 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-05 Saturday, February 25, 2023 5.4 Concerns from Resident Resident Brian Medigee Brian, The last resident presenter was up there a long time, your most likely not going to get that same opportunity. Watch the Mayor, he has his tells, when he starts to get fidgety and forceful with his voice you know your time is up. I would recommend you read out all your concerns and then stand ready for questions from the councilors. The Mayor normally asks staff to address a concern or two, he can't really leave you hanging in silence without some sort of response from a staffer, that would be quite dismissive. I suspect, considering your topisc being general in nature, any replies from you after this occurs will not be as rewarding as you would expect. Good luck my friend, good to see residents standing up and letting us all understand the different perspectives we live in. You'll forever be on YouTube, that is until society disintegrates. Page 57 of 605 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 58 of 605 City of Niagara Falls 2023 Water & Wastewater Budget February 28, 2023Page 59 of 605 A GREAT CITY…FOR GENERATIONS TO COME Overview 2023 Utility Budget includes Water and Wastewater Two (2) tiered service delivery (Region/City of Niagara Falls) Breakdown of City and Region expenditures for 2023 Highlights and summary of rebate programs included in this budget Proposed 2023 rates and impacts on users Recommendation to approve the 2023 proposed rates effective April 1, 2023 Page 60 of 605 A GREAT CITY…FOR GENERATIONS TO COME Regional Municipality of Niagara Responsible for water/wastewater treatment facilities and pumping stations Responsible for part of the water network in the City Region rate structure for water is 75% variable, and 25% fixed Responsible for sewers spanning municipal a boundary Region rate structure for wastewater is 100% fixed Co-contributor to capital projects via combined sewer overflow (CSO) program Page 61 of 605 A GREAT CITY…FOR GENERATIONS TO COME City of Niagara Falls Responsibilities City Council is the Management Authority Operations administered by Municipal Works Staff Billing and Collection administered by Finance Staff Maintenance and replacement of utility infrastructure Responsible for directly charging residents For usage Provide customer service to ratepayers Page 62 of 605 A GREAT CITY…FOR GENERATIONS TO COME 2023 2022 Regional Costs $12,146,490 46%$11,658,019 49% City Costs 14,482,524 54%12,373,425 51% Total Expenses $26,629,014 100%$24,031,444 100% 46%54%Page 63 of 605 A GREAT CITY…FOR GENERATIONS TO COME Expenses 2023 2022 Variance ($) Variance (%) Regional Charges -Volumetric 9,028,824 8,664,228 364,596 4.21% Regional Charges -Fixed 3,117,666 2,993,791 123,875 4.14% Transfer to Capital Reserves 6,105,000 6,105,000 0 0.00% Debt Placeholders*801,275 0 801,275 N/A Net City Operating Charges 7,576,249 6,268,425 1,307,824 20.86% Total Expenses 26,629,014 24,031,444 2,597,570 10.81% Non Rate Revenue**(1,650,932)(717,700)(933,232)130.03% Amount to be Raised from Rates 24,978,082 23,313,744 1,664,338 7.14% *Some offsetting Development Charge revenue budgeted, Net Debt Placeholder budget is $33,043 ** Includes user fees (account set up, disconnection/reconnection fees), flat rate fees, stand pipe fees, penalties, water meter sales and other revenue Page 64 of 605 A GREAT CITY…FOR GENERATIONS TO COME Water Expenditures –Key Points Regional costs in 2023 are based on 75% volumetric ($9,028,824) 25% fixed ($3,117,666) $6.1M capital transfer still lower than AMP requirements of $8.86M* This is partially offset by the use of OLG Contribution funds. 75% Volumetric Budgeted Transfer AMP Requirement *Per 2022 Asset Management Plan ~$2.76M $8.86M $6.1M Page 65 of 605 A GREAT CITY…FOR GENERATIONS TO COME Water Expenditures –Key Points One new staff member requested –Water Meter Repairer Debt Placeholder amount of $801,275 is partially offset by $768,232 contribution from DCs for a net Debt Placeholder budget of $33,043.Page 66 of 605 A GREAT CITY…FOR GENERATIONS TO COME Rebate Programs -Water Budget Senior Water Account Rebate•2023 budget $102,000 •1,000 rebates (920 approved in 2022) •$102 account credit if: •City of NF water customer and Property Owner who is residing at property •Age 65 or over on June 30 of current year •Receiving Federal Guaranteed Income Supplement High Water Consumption Adjustment•2023 budget of $35,000 ($24,131 in adjustments approved in 2023 to date) •Rebate of 50% of volumetric charge per m3 on excess consumption during a period of a leak •Residential customers only •One-time only rebate, per account holder, per property address Page 67 of 605 A GREAT CITY…FOR GENERATIONS TO COME Rebate Programs -Water Budget Sod Watering Rebate•2023 budget of $2,000 •200 applications •$10.00 sod watering rebate to: •Any resident who experienced sod damage as a result of City of NF operations Page 68 of 605 A GREAT CITY…FOR GENERATIONS TO COME 2023 2022 Regional Costs $16,552,973 56%$13,519,397 52% City Costs 13,237,016 44%12,357,271 48% Total Expenses $29,789,989 100%$25,876,668 100% 56%44%Page 69 of 605 A GREAT CITY…FOR GENERATIONS TO COME Wastewater Budget Expenditures –Detail Expenses 2023 2022 Variance ($) Variance (%) Regional Charges -Fixed 16,552,973 13,519,397 3,033,576 22.44% Transfer to Capital Reserves 6,500,000 6,500,000 0 0.00% Debt Placeholders*266,807 0 266,807 N/A Net City Operating Charges 6,470,209 5,857,271 612,938 10.46% Total Expenses 29,789,989 25,876,668 3,913,321 15.12% Non Rate Revenue**(1,597,643)(1,252,638)(345,005)27.54% Amount to be Raised from Rates 28,192,346 24,624,030 3,568,316 14.49% *Some offsetting Development Charge revenue budgeted, Net Debt Placeholder budget is $53,362 **Includes, flat rate fees, sewer lateral cleaning fees, penalties, transfers from DCs, and special purpose reservesPage 70 of 605 A GREAT CITY…FOR GENERATIONS TO COME Wastewater Expenditures –Key Points Annual treatment costs from Region are 100% fixed $6.50M capital transfer is still lower than AMP requirements of $7.13M* This is partially offset by the use of OLG Contribution funds. Budgeted Transfer AMP Requirement *Per 2022 Asset Management Plan ~$630,000 $7.13M $6.50M Page 71 of 605 A GREAT CITY…FOR GENERATIONS TO COME Wastewater Expenditures –Key Points Debt servicing of $793,877 is offset by contribution from DCs Debt Placeholder amount of $266,807 is partially offset by $213,445 contribution from DCs for a net Debt Placeholder budget of $53,362.Page 72 of 605 A GREAT CITY…FOR GENERATIONS TO COME Rebate Programs -Wastewater Budget Weeping-Tile Removal Assistance (WRAP) Program•2023 budget of $350,000 •Up to 67 applications (160 applications received in 2022) •Maximum $4,000 (Inc. HST) •Weeping-tile investigation and disconnection •Sump pump and backup •Maximum $1,200 (Inc. HST) •Weeping-tile investigation •Purchase and installation of Backwater Valve to prevent sewage flows from backing up into the basement Page 73 of 605 A GREAT CITY…FOR GENERATIONS TO COME 2023 Rate Structure 60/40 CollectionRate Review City engaged BMA Consulting to do a rate review which was completed in 2021. 2023 allocation: 60% / 40% variable / fixed charges 60% / 40% –Water 60% / 40% –Sewer Page 74 of 605 A GREAT CITY…FOR GENERATIONS TO COME 2023 Proposed Rates 2023 2022 Variance ($) Water Fixed (annual)$263.88 $249.12 $14.76 Volumetric (per m3)$1.314 $1.267 $0.047 Wastewater Fixed (annual)$297.84 $263.16 $34.68 Volumetric (per m3)$1.518 $1.369 $0.149 Fixed Overall annual increase of $49.44 (annual)($561.72 vs. $512.28 in 2022) Volumetric Overall increase of $0.196/m3 (per m3)($2.832 vs. $2.636 in 2022) Regional Municipality of Niagara has committed to increasing water by 3.8% and wastewater by 6.0% (average 4.9%) for the next five (5) years in an effort to move towards sustainability. Page 75 of 605 A GREAT CITY…FOR GENERATIONS TO COME Number of Active Accounts by Meter Size Meter Size 2023 % of Total 2022 Variance 5/8" x 3/4"30,657 96.61%30,297 360 1"357 1.13%361 (4) 1 1/2"255 0.80%256 (1) 2"315 0.99%320 (5) 3"81 0.26%81 0 4"42 0.13%42 0 6"22 0.07%23 (1) 8"3 0.01%3 0 10"1 0.00%1 0 31,733 100%31,384 349 Page 76 of 605 A GREAT CITY…FOR GENERATIONS TO COME Impact on 5/8” x 3/4” Meter Size Low Water User (85 m3) Average Water User (175 m3) High Water User (275 m3) Three (3) scenarios: 96% R1 5/8” x 3/4" meters make up 96.6% of the system Page 77 of 605 A GREAT CITY…FOR GENERATIONS TO COME Impact on 5/8” x ¾” Meter Size (96.6% of System) Rate Comparison 2023 2022 2023 2022 2023 2022 Annual Usage:85 m3 175 m3 275 m3 Water Fixed (annual)$263.88 $249.12 $263.88 $249.12 $263.88 $249.12 Volumetric (per m3)$111.69 $107.70 $229.95 $221.73 $361.35 $348.43 Wastewater Fixed (annual)$297.84 $263.12 $297.84 $263.12 $297.84 $263.12 Volumetric (per m3)$129.03 $116.37 $265.65 $239.58 $417.45 $376.48 Total $802.44 $736.34 $1,057.32 $973.58 $1,340.52 $1,237.18 Total Annual Change $66.10 $83.74 $103.34 Total Monthly Change $5.51 $6.98 $8.61 Page 78 of 605 A GREAT CITY…FOR GENERATIONS TO COME Annual Residential Charges Comparison to LAMs Municipality 85 m³ (Annual Cost)Municipality 175 m³ (Annual Cost)Municipality 275 m³ (Annual Cost) Port Colborne 1,532.50 Port Colborne 1,659.58 Fort Erie 1,835.25 Fort Erie 1,127.31 Fort Erie 1,462.65 Port Colborne 1,800.78 NOTL 888.96 Welland 1,263.91 Welland 1,741.26 West Lincoln 867.88 West Lincoln 1,177.48 West Lincoln 1,521.48 Welland 834.30 NOTL 1,147.27 Thorold 1,484.26 Thorold 816.22 Thorold 1,132.66 Lincoln 1,451.32 Niagara Falls 802.48 Niagara Falls 1,057.36 NOTL 1,434.28 Pelham 673.83 Lincoln 992.12 Niagara Falls 1,340.56 St. Catharines 639.54 St. Catharines 960.93 St. Catharines 1,318.03 Lincoln 578.84 Pelham 949.32 Pelham 1,255.42 Average 876.18 Average 1,180.33 Average 1,518.26 Note: 2022 rates of Local Area Municipalities (LAMs) compared to proposed 2023 rates for the City of Niagara Falls at the low, average and high consumption scenarios. Page 79 of 605 A GREAT CITY…FOR GENERATIONS TO COME Monthly Fixed Charges by Meter Size Meter Size 2023 2022 Variance 5/8" x 3/4“$46.81 $42.69 $4.12 1"$70.22 $61.91 $8.31 1 1/2"$175.55 $155.83 $19.72 2"$327.69 $298.86 $28.83 3"$643.68 $576.36 $67.32 4"$1,123.52 $1,011.84 $111.68 6"$2,200.22 $1,963.91 $236.31 8"$3,698.24 $3,372.80 $325.44 10"$5,313.30 $4,824.38 $488.92 Note: 96% of the water system utilizes a 5/8” x 3/4“ meter Page 80 of 605 A GREAT CITY…FOR GENERATIONS TO COME Dashboard Update As of Jan 31, 2023: To sign up please visit: https://niagarafall s.ca/dashboard/l ogin/default.aspx 9,381 water accounts signed up on our dashboard Page 81 of 605 A GREAT CITY…FOR GENERATIONS TO COME Recommendation 1.That Council approve the 2023 Water and Wastewater Budgets and associated rates, to take effect April 1, 2023, as presented.Page 82 of 605 A GREAT CITY…FOR GENERATIONS TO COME Questions?Page 83 of 605 Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2023 2022 $% REVENUES Penalties 69,300 69,300 0 0.0% User Fees 28,455,346 24,787,030 3,668,316 14.8% Miscellaneous Revenue 28,524,646 24,856,330 3,668,316 14.8% From Special Purpose Reserves 258,021 200,000 58,021 29.0% From Development Charges 1,007,322 820,338 186,984 22.8% Internal Transfers 1,265,343 1,020,338 245,005 24.0% TOTAL REVENUE 29,789,989 25,876,668 3,913,321 15.1% WASTEWATER FUND 2023 Budget to 2022 Budget Comparison Page 84 of 605 Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2023 2022 $% WASTEWATER FUND 2023 Budget to 2022 Budget Comparison EXPENSES Labour 1,521,838 1,361,028 160,810 11.8% Employee Benefits Allocation 451,152 399,568 51,584 12.9% Overtime 39,000 31,000 8,000 25.8% Labour and Benefits 2,011,990 1,791,596 220,394 12.3% Insurance Premiums 190,641 163,062 27,579 16.9% Materials 350,500 323,200 27,300 8.4% Office Supplies 350 350 0 0.0% WSIB 40,000 40,000 0 0.0% Materials 581,491 526,612 54,879 10.4% Electricity 42,900 27,700 15,200 54.9% Utilities 42,900 27,700 15,200 54.9% Contracted Services 2,260,500 1,933,000 327,500 16.9% Fixed Regional Charges 16,552,973 13,519,397 3,033,576 22.4% Contracted Services 18,813,473 15,452,397 3,361,076 21.8% Rents and Financial Expenses 76,275 76,275 0 0.0% Long Term Interest 346,365 382,633 (36,268)(9.5%) Long Term Debt 782,868 778,180 4,688 0.6% Debt Charges 1,129,233 1,160,813 (31,580)(2.7%) Internal Rent 237,732 236,773 959 0.4% To Capital SPR 6,766,807 6,500,000 266,807 4.1% To Operating 130,088 104,502 25,586 24.5% Internal Transfers 7,134,627 6,841,275 293,352 4.3% TOTAL EXPENSES 29,789,989 25,876,668 3,913,321 15.1% (Surplus)/Deficit 0 0 0 Page 85 of 605 Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2023 2022 $% REVENUES Other Revenue 50,000 40,000 10,000 25.0% Penalties 62,700 62,700 0 0.0% Sales 225,000 175,000 50,000 28.6% User Fees 25,523,082 23,753,744 1,769,338 7.4% Miscellaneous Revenue 25,860,782 24,031,444 1,829,338 7.6% From Development Charges 768,232 0 768,232 #DIV/0! Internal Transfers 768,232 0 768,232 #DIV/0! TOTAL REVENUE 26,629,014 24,031,444 2,597,570 10.8% 2023 Budget to 2022 Budget Comparison WATER FUND Page 86 of 605 Budget Budget Increase/ (Decrease) Increase/ (Decrease) 2023 2022 $% 2023 Budget to 2022 Budget Comparison WATER FUND EXPENSES Labour 2,483,208 2,278,224 204,984 9.0% Employee Benefits Allocation 755,053 675,478 79,575 11.8% Overtime 95,000 81,000 14,000 17.3% Labour and Benefits 3,333,261 3,034,702 298,559 9.8% Advertising/News Release 1,500 1,500 0 0.0% Conferences/Conventions 3,000 2,000 1,000 50.0% Insurance Premiums 163,487 146,058 17,429 11.9% Materials 980,100 836,350 143,750 17.2% Office Supplies 11,000 13,000 (2,000)(15.4%) Professional Development 32,500 29,000 3,500 12.1% WSIB 30,000 20,000 10,000 50.0% Materials 1,221,587 1,047,908 173,679 16.6% Electricity 500 400 100 25.0% Utilities 500 400 100 25.0% Contracted Services 10,832,824 9,747,428 1,085,396 11.1% Fixed Regional Charges 3,117,666 2,993,791 123,875 4.1% Contracted Services 13,950,490 12,741,219 1,209,271 9.5% Rents and Financial Expenses 253,595 232,795 20,800 8.9% Long Term Interest 151,166 160,972 (9,806)(6.1%) Long Term Debt Principal 184,190 179,502 4,688 2.6% Debt Charges 335,356 340,474 (5,118)(1.5%) Internal Rent 497,862 424,444 73,418 17.3% To Capital SPR 6,906,275 6,105,000 801,275 13.1% To Operating 130,088 104,502 25,586 24.5% Internal Transfers 7,534,225 6,633,946 900,279 13.6% TOTAL EXPENSES 26,629,014 24,031,444 2,597,570 10.8% (Surplus)/Deficit 0 0 0 Page 87 of 605 GL5280 Page :1CITY OF NIAGARA FALLS Date :Feb 13, 2023 Time :1:17 pm Budget Report By Function From Category :100000 To Category :823021 Account Code :16-?-??????-??????To :16-?-??????-?????? 2023 2022 Account Code Account Description FINAL BUDGET - BUDGET VALUES FINAL BUDGET - BUDGET VALUES 16-->CITY SANITARY SEWER FUND 132015-->INSURANCE CLAIM SERVICES 3-->EXPENSE 16-3-132015-030000 MATERIALS 75,000 75,000 Total EXPENSE 75,000 75,000 INSURANCE CLAIM SERVICES Surplus/Deficit 75,000 75,000 411000-->SYSTEM MAINTENANCE SANITARY SEWER 3-->EXPENSE 16-3-411000-010000 LABOUR 1,230,472 1,150,037 16-3-411000-010013 EMPLOYEE BENEFITS ALLOCATION 365,478 339,114 16-3-411000-010016 OVERTIME 39,000 30,000 16-3-411000-020000 LONG TERM INTEREST 346,365 382,633 16-3-411000-030000 MATERIALS 250,500 223,200 16-3-411000-030007 ELECTRICITY 42,900 27,700 16-3-411000-030017 INSURANCE PREMIUMS 190,641 163,062 16-3-411000-030035 OFFICE SUPPLIES 350 350 16-3-411000-030045 WSIB 40,000 40,000 16-3-411000-040000 CONTRACTED SERVICES 1,510,500 1,233,000 16-3-411000-050000 RENTS AND FINANCIAL EXPENSES 76,275 76,275 16-3-411000-070000 LONG TERM DEBT PRINCIPAL 782,868 778,180 16-3-411000-080002 TO CAPITAL SPECIAL PURPOSE RES 6,766,807 6,500,000 16-3-411000-080003 TO OPERATING 130,088 104,502 16-3-411000-090000 INTERNAL RENT 237,732 207,407 Total EXPENSE 12,009,976 11,255,460 4-->REVENUE 16-4-411000-710000 SEWER VOLUMETRIC CHARGES -16,915,408 -14,774,418 16-4-411000-710010 SEWER FIXED CHARGES -11,276,938 -9,849,612 16-4-411000-710011 SEWER FLAT RATE CHARGES -250,000 -150,000 16-4-411000-710012 SEWER LATERAL CLEANING -13,000 -13,000 16-4-411000-740000 PENALTIES ON SEWER -69,300 -69,300 16-4-411000-780009 FROM DEVELOPMENT CHARGE RSV FU -1,007,322 -820,338 Total REVENUE -29,531,968 -25,676,668 SYSTEM MAINTENANCE SANITARY SEWER Surplus/Deficit -17,521,992 -14,421,208 412000-->REGIONAL CHARGES SANITARY SEWER 3-->EXPENSE 16-3-412000-040000 CONTRACTED SERVICES 16,552,973 13,519,397 Total EXPENSE 16,552,973 13,519,397 Page 88 of 605 GL5280 Page :2CITY OF NIAGARA FALLS Date :Feb 13, 2023 Time :1:17 pm Budget Report By Function From Category :100000 To Category :823021 Account Code :16-?-??????-??????To :16-?-??????-?????? 2023 2022 Account Code Account Description FINAL BUDGET - BUDGET VALUES FINAL BUDGET - BUDGET VALUES REGIONAL CHARGES SANITARY SEWER Surplus/Deficit 16,552,973 13,519,397 413000-->SANITARY SYSTEMS RESEARCH & DEVELOPMENT 3-->EXPENSE 16-3-413000-010000 LABOUR 291,366 210,991 16-3-413000-010013 EMPLOYEE BENEFITS ALLOCATION 85,674 60,454 16-3-413000-010016 OVERTIME 0 1,000 16-3-413000-030000 MATERIALS 25,000 25,000 16-3-413000-040000 CONTRACTED SERVICES 750,000 700,000 16-3-413000-090000 INTERNAL RENT 0 29,366 Total EXPENSE 1,152,040 1,026,811 4-->REVENUE 16-4-413000-780003 FROM SPECIAL PURPOSE RESERVES -258,021 -200,000 Total REVENUE -258,021 -200,000 SANITARY SYSTEMS RESEARCH & DEVELOPMENT Surplus/De 894,019 826,811 Total CITY SANITARY SEWER FUND 0 0 Page 89 of 605 GL5280 Page :1CITY OF NIAGARA FALLS Date :Feb 13, 2023 Time :1:16 pm Budget Report By Function From Category :100000 To Category :823021 Account Code :15-?-??????-??????To :15-?-??????-?????? 2023 2022 Account Code Account Description FINAL BUDGET - BUDGET VALUES FINAL BUDGET - BUDGET VALUES 15-->CITY WATER FUND 123010-->AUDITING SERVICES 3-->EXPENSE 15-3-123010-040000 CONTRACTED SERVICES 10,000 10,000 Total EXPENSE 10,000 10,000 AUDITING SERVICES Surplus/Deficit 10,000 10,000 132015-->INSURANCE CLAIM SERVICES 3-->EXPENSE 15-3-132015-030000 MATERIALS 25,000 40,000 Total EXPENSE 25,000 40,000 INSURANCE CLAIM SERVICES Surplus/Deficit 25,000 40,000 133005-->REVENUES AND RECEIVABLES 3-->EXPENSE 15-3-133005-010000 LABOUR 404,110 401,748 15-3-133005-010013 EMPLOYEE BENEFITS ALLOCATION 121,085 115,753 15-3-133005-010016 OVERTIME 10,000 10,000 15-3-133005-030000 MATERIALS 185,000 158,000 15-3-133005-030005 PROFESSIONAL DEVELOPMENT/WORKS 0 1,500 15-3-133005-030035 OFFICE SUPPLIES 9,500 11,500 15-3-133005-040000 CONTRACTED SERVICES 224,500 226,800 15-3-133005-050000 RENTS AND FINANCIAL EXPENSES 177,320 156,520 Total EXPENSE 1,131,515 1,081,821 REVENUES AND RECEIVABLES Surplus/Deficit 1,131,515 1,081,821 431000-->SYSTEM MAINTENANCE WATERWORKS 3-->EXPENSE 15-3-431000-010000 LABOUR 1,787,731 1,607,171 15-3-431000-010013 EMPLOYEE BENEFITS ALLOCATION 540,749 480,108 15-3-431000-010016 OVERTIME 85,000 70,000 15-3-431000-020000 LONG TERM INTEREST 151,166 160,972 15-3-431000-030000 MATERIALS 770,100 638,350 15-3-431000-030005 PROFESSIONAL DEVELOPMENT/WORKS 32,500 27,500 15-3-431000-030007 ELECTRICITY 500 400 15-3-431000-030015 ADVERTISING/NEWS RELEASE 1,500 1,500 15-3-431000-030017 INSURANCE PREMIUMS 163,487 146,058 15-3-431000-030018 CONFERENCES/CONVENTIONS 3,000 2,000 15-3-431000-030035 OFFICE SUPPLIES 1,500 1,500 Page 90 of 605 GL5280 Page :2CITY OF NIAGARA FALLS Date :Feb 13, 2023 Time :1:16 pm Budget Report By Function From Category :100000 To Category :823021 Account Code :15-?-??????-??????To :15-?-??????-?????? 2023 2022 Account Code Account Description FINAL BUDGET - BUDGET VALUES FINAL BUDGET - BUDGET VALUES 15-3-431000-030045 WSIB 30,000 20,000 15-3-431000-040000 CONTRACTED SERVICES 1,469,500 821,400 15-3-431000-050000 RENTS AND FINANCIAL EXPENSES 76,275 76,275 15-3-431000-070000 LONG TERM DEBT PRINCIPAL 184,190 179,502 15-3-431000-080002 TO CAPITAL SPECIAL PURPOSE RES 6,906,275 6,105,000 15-3-431000-080003 TO OPERATING 130,088 104,502 15-3-431000-090000 INTERNAL RENT 497,862 424,444 Total EXPENSE 12,831,423 10,866,682 4-->REVENUE 15-4-431000-710000 USER FEES -45,000 -45,000 15-4-431000-710014 WATER VOLUMETRIC CHARGES -14,986,849 -13,988,246 15-4-431000-710015 WATER FIXED CHARGES -9,991,233 -9,325,498 15-4-431000-710016 WATER FLAT RATE FEES -300,000 -170,000 15-4-431000-710017 WATER STAND PIPE FEES -100,000 -125,000 15-4-431000-710018 WATER TRANSFER AND SHUT OFF FE -100,000 -100,000 15-4-431000-740000 PENALTIES ON WATER -62,700 -62,700 15-4-431000-770000 SALES -225,000 -175,000 15-4-431000-780009 FROM DEVELOPMENT CHARGE RSV FU -768,232 0 15-4-431000-790000 OTHER REVENUE -50,000 -40,000 Total REVENUE -26,629,014 -24,031,444 SYSTEM MAINTENANCE WATERWORKS Surplus/Deficit -13,797,591 -13,164,762 432000-->REGIONAL CHARGES WATERWORKS 3-->EXPENSE 15-3-432000-040000 REGIONAL VOLUMETRIC CHARGES 9,028,824 8,664,228 15-3-432000-040004 FIXED REGIONAL CHARGES 3,117,666 2,993,791 Total EXPENSE 12,146,490 11,658,019 REGIONAL CHARGES WATERWORKS Surplus/Deficit 12,146,490 11,658,019 433000-->WATER SYSTEMS RESEARCH & DEVELOPMENT 3-->EXPENSE 15-3-433000-010000 LABOUR 291,367 269,305 15-3-433000-010013 EMPLOYEE BENEFITS ALLOCATION 93,219 79,617 15-3-433000-010016 OVERTIME 0 1,000 15-3-433000-040000 CONTRACTED SERVICES 100,000 25,000 Total EXPENSE 484,586 374,922 WATER SYSTEMS RESEARCH & DEVELOPMENT Surplus/Defic 484,586 374,922 Total CITY WATER FUND 0 0 Page 91 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-06 Saturday, February 25, 2023 5.5 Water/Wastewater Budget - Presentation Tiffany Clark, Director of Finance, will present the 2023 Water/Wastewater Budget to Council Council, Tiffany, Every time I see the OLG Contribution funds relied upon to subsidized something just makes me cringe. It just feels like the city does not have its head on straight when it come to finances, like your constantly playing catch up with some extra candy given to you that came be taken away at any moment, it is not very inspiring. As well, seeing DCs used to finance loan interest is just not right. The city needs to reel in the Debt servicing, its like a financial wound that never stops bleeding, at the rate the city is progressing it is moving to an unsustainable moment when we bleed out and crash. The city really likes to compare itself to other LAM. Why don't you show us an Annual Residential Charges Comparison to LAM when the revenue from the OGL is removed from the equation, the other municipalities don't have OLG revenue, that would be a more accurate LAM comparison, but you wont. Transfers from Special Purpose Reserves, which is continually diminishing need to stop. The city needs to reach an equilibrium between revenue and expenses in each year otherwise its just playing a betting game. The revenue rates need to be set to offset expenses once and for all and then remain in that stable state, this taking monies from here and there to supplement a specific necessity budget is not good financial practice for a hundred million dollar corporation. Too late now to make changes, just vote to pass it and move on. Page 92 of 605 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 93 of 605 PBD-2023-10 Report Report to: Mayor and Council Date: February 28, 2023 Title: Sign By-law Amendment Application: 5034 Victoria Avenue Recommendation(s) 1. That Council approve the Sign By-law amendment application to permit a 100% electronic billboard sign on an existing property containing a parking lot at 5034 Victoria Avenue. 2. That the sign be fully extinguished between the hours of 11 pm and 7 am so as to not impact the nearby residential uses. 3. That the sign be equipped with photo-cell technology to automatically adjust the sign’s brightness based on ambient light levels so as to not cause distraction to drivers along Victoria Avenue and lessen the visual impact on the heritage buildings. Executive Summary The applicant has proposed a 3.05 m x 6.09 m (10ft. x 20 ft.) 7.7 m (25.2 ft) high 100% electronic billboard sign to be located on the southeast corner of Victoria Avenue and Armoury Street. The current Sign By-law states that billboards are permitted on property that is designated Major Commercial, Industrial or Good General Agriculture in the City's Official Plan. The proposed site is designated Minor Commercial in the Official Plan but in a commercial area where other billboard signs have existed for a number of years and would not represent an undue concentration of signage. The sign is located 72 m from lands designated residential in the Official Plan whereas the sign by-law requires at least 90 m separation distance. There are also residential uses located directly across Armoury Street above the commercial uses which may be impacted. The light study provided by the applicant demonstrates that the amount of light directed at these uses would be 1.86 lux which is below the 3 lux light levels required in the Sign By-law. The sign is being recommended on the condition that, along with dimming technology, the sign be extinguished during the nighttime hours of 11 pm to 7 am to mitigate impacts on these residential uses. The sign is located within 39 m & 42 m of two properties designated under the Ontario Heritage Act, where the Sign By-law requires 90 m setback from designated historic Page 1 of 9 Page 94 of 605 sites. The impacts on these two properties would be mitigated by the fact that they are across Victoria Avenue from the proposed sign. The sign is also located 70 m from two other billboard signs whereas the by-law requires 300 m separation distance between billboards. While not in direct sightline of the other signs, Victoria Avenue is a collector road within proximity to the tourist core where billboard signs would be contemplated given its commercial nature. Background Proposal A sign by-law amendment is requested to permit a 3.05 m x 6.09 m (10 ft. x 20 ft.), 7.7 m (25.2 ft.) high 100% electronic billboard sign to be located on the southeast corner of Victoria Avenue and Armoury Street. Refer to Schedule 1 to locate the site. The property is currently designated Minor Commercial in the Official Plan. As sign technology is changing the digital method of display is becoming more prevalent. Currently, a sign that is 100% electronic, would only be permitted in the Clifton Hill and Fallsview Sign districts. However, the City’s Sign By-law may allow 100% electronic signs to be located anywhere in the City upon consideration and a decision by Council through the Sign By-law Amendment process. Site Conditions and Surrounding Land Uses The property is currently used for a commercial parking lot. There are residential uses to the north, east, south and southeast of the prope rty. To the north of the subject lands directly across Armoury Street are residential uses located on the second floor of minor commercial uses. Across Victoria Avenue, there are two properties designated under the Ontario Heritage Act. The Niagara Falls Armoury which houses the Niagara Military Museum and the former Carnegie Library which is used as transitional housing, a residential use, although it is zoned Commercial. It is also noted that there is a rooftop static billboard and a ground mounted billboard located to the north of the proposed sign, on the east side of Victoria Avenue between Armoury Street and Simcoe Street, approximately 70 m from the proposed sign, whereas the by-law regulates a 300 m separation distance. Circulation Comments Page 2 of 9 Page 95 of 605 No public comments received at the time of writing of this report Transportation comments Transportation Staff has no concerns with the electronic sign for this particular location as the sign would not impact the traffic signals at both Jepson Street and at Simcoe Street. A conversion to a full screen with moving video clips may be a distraction to drivers along Victoria Avenue. Analysis Section 5.5 of the Official Plan contains policies respecting signs, which state in part, that signs are a part of the streetscape and are to be designed to complement the built form and character of the surrounding area. The proposed sign is located on property that is designated Minor Commercial. As a minor commercial area there are many signs advertising the commercial uses along Victoria Avenue. It is noted that there are other billboard signs loca ted on Victoria Avenue. Victoria Avenue is a collector road with medium to high volume of traffic and is in proximity to the tourist core where billboard signs would be contemplated given its commercial nature. The sign is proposed to be within 70 m of another billboard although not in direct sightline from each other whereas the sign by-law regulates that billboard signs should have a separation distance of 300m. There are two signs within 300 m of the proposed signs and have existed for more than 14 years. A new sign in the proposed location would not represent an undue concentration of signs in the area, as the billboards are not in direct sightline of each other due to intervening buildings. There have been no new billboard sign permits issued by the city in the last 14 years. Policy 5.5.3 states that separation distances between signs and residential uses and designated heritage properties should be such that these uses are not impacted negatively. The subject site is located on Victoria Avenu e and Armoury Street, which has residential uses located to the north, east, south and southeast. The sign may have the potential to impact the residential uses due to the electronic technology and resulting light spillage from the sign. Policy 5.5.5 states that electronic signage should be carefully sited due to illumination and display characteristics such that impacts on vehicular and pedestrian traffic are minimized. In order to address the impacts of the lighting on the nearby sensitive uses, the applicant has provided a Light Study which demonstrates that the projected light levels will be 1.86 lux to a property 20 m away, which is below the 3 lux threshold as set out in the Sign By-law. Although this reduction will reduce the impact on nearby residential uses, staff recommend the billboard be extinguished entirely between the hours of 11 pm and 7 am to ensure nearby residents, particularly those close by on the north side of Page 3 of 9 Page 96 of 605 Armoury Street are not adversely impacted. If the sign is not extinguished, the City can issue an order to achieve compliance and if this is not successful, remove the sign at the owner's expense. In order to lessen the possible visual distraction impact on drivers along Victoria Avenue, the sign is proposed to be equipped with photocell technology to automatically adjust the sign's brightness based on ambient light levels so as to not cause any impacts on surrounding residential uses nor cause distraction to drivers along Victoria Avenue. The proposed sign is to be located within 50 m of two properties designated under the Ontario Heritage Act which would detract from the heritage character of the buildings. The sign will be located across Victoria Avenue from the heritage buildings so the impact will be lessened than if the sign was located adjacent to the buildings or on an abutting property. Presently, the number of billboards in the City is determined by the number of structures, which through a recent count is 141, which is below the permitted maximum. Strategic/Departmental Alignment One of the City’s strategic priorities is to support economic growth and development through streamlined business practices to meet both local and city-wide priorities. The proposed amendment would be consistent with this priority. List of Attachments Appendix 1A 90m Buffer - OP Appendix 1B 90m buffer - heritage properties Appendix 1C 90m Buffer - zoning Appendix 2 Lighting - Engineer Info Written by: Peggy Boyle, Assistant Planner Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 21 Feb 2023 Jason Burgess, CAO Approved - 22 Feb 2023 Page 4 of 9 Page 97 of 605 5034 Victoria Avenue - 90m OP Buffer Print Date:© City of Niagara Falls 2/13/2023 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Page 5 of 9 Page 98 of 605 5034 Victoria Avenue - 90m Buffer - Heritage Properties Print Date:© City of Niagara Falls 2/13/2023 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Page 6 of 9 Page 99 of 605 5034 Victoria Avenue - 90m Zoning Buffer Print Date:© City of Niagara Falls 2/13/2023 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Page 7 of 9 Page 100 of 605 Jacob Morningstar From:Anas lbraheem <anas@jonesneonsigns.com> Sent:December 16,2022 7:56 AM To:EmilioRaimondo;Jacob Morningstar Cc:‘Ray Jones‘;‘Domenic Sinicropi‘ Subject:RE:Billboard Sign on Victoria Ave Attachments:N892Xmeasurements.jpg Emilio,the light emitted from the sign in a dark room at 1-2%of the board illumination intensity reached the closest house 20m away (per the drawing attached)was only 1.86 lux,and the further distance from the sign the lesser the lux value is. Per the city text “I3.5.1.Electronic message centre signs shall have an intensity of luminance and illumination shall not exceed the lesser of:(a)3 lux (0.3foot candles)above the ambient light conditions,or 300 nits (300 cd/m2)during the hours between dusk and dawn;and (b)5 lux (0.5 foot candles)above ambient light conditions or 5000 nits (5 000 cd/m2)during the daytime hours.” Thus based on the results,the sign complies with the city's requirements. Kind regards, A.|. Anas Ibraheem I Engineering l\/lcinciger onos@ionesneonsiqns.corn I l—905—335—6664 Pleaxge V't(7i:"€/fl’10l.170'l/W’o?cécowill/be/closed/frovwDece/rnber 26tlrvtoDecewz1>e/r30th 9 at: I’ «.3 M I seen From:EmilioRaimondo [mailto:emi|io@raimondoarchitects.com]Sent:December 16,2022 7:45 AMTo:Anas Ibraheem;Jacob MorningstarCc:Ray Jones;Domenic SinicropiSubject:Re:BillboardSign on Victoria AveAnasthankyou.Can you provide a brief analysis of the results.in essence is the light emittance from the signandit's dispersion satisfactory and compliant.Ty.Page 8 of 9Page 101 of 605 N89Z><maasufam?wzs-.J/7C7.Page 9 of 9Page 102 of 605 CITY OF NIAGARA FALLS By-law No. 2021 – 24 A by-law to prohibit or regulate the placing or erecting of signs, notices, and advertising devices on public and private property within the City of Niagara Falls. WHEREAS under section 8 and section 11(1) of the Municipal Act, 2001, R.S.O. 2001, c. 25, a municipal corporation has the powers of a natural person including by-law making powers respecting signs. AND WHEREAS under s. 99 of the Municipal Act, 2001, R.S.O. 2001, c. 25 rules are prescribed applicable to the by-law making powers respecting advertising devices including signs. AND WHEREAS the Council of the City of Niagara Falls has engaged in public consultation, including public meetings and direct consultations with representatives of the business community and sign industry. AND WHEREAS the Council of the City of Niagara Falls desires to regulate signage within the City for purposes of public safety and public aesthetics. AND WHEREAS the Official Plan and related policies of the City of Niagara Falls includes provisions concerning signs. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.0 TITLE This By-law shall be known and cited as the ASign By-law.@ 2.0 DEFINITIONS The following definitions shall apply for the purposes of this By-law: Advertising device means any device or object erected or located so as to attract public attention to any goods or services or facilities or events and includes flags, banners, pennants and lights. Agricultural land use means the use of land, buildings or structures for agriculture or agricultural-related uses or land zoned Agriculture in the Zoning By-law. Agricultural sign means a sign erected on an agricultural land use. Awning means a fabric over frame structure that projects from the exterior wall of a building that provides shade or other weather protection. Awning sign means a sign that is marked or inscribed upon or within the fabric of an awning. Page 103 of 605 - 2 - Banner means a sign or advertising device made from cloth, plastic or a similar lightweight non-rigid material erected upon or supported by one (1) or more poles and includes a flag, pennant or other similar device. Bench sign means a sign painted on or attached to a bench. Billboard means a permanent outdoor third party sign erected and maintained by a person, company, or business engaged in the sale or rental of the sign or the use of the sign to a clientele. Building face means an exterior wall of a building. Canopy means a permanent, rigid, roof-like structure that is attached to and supported by the exterior wall of a building and may be supported from the ground. Canopy sign means a sign attached to, marked or inscribed on a canopy. Chief Building Official shall mean the person and/or his designate, so appointed by Council pursuant to the Building Code Act. City means The Corporation of the City of Niagara Falls. Community bulletin board means a bulletin board designated by the City upon which a poster may be placed by members of the public. Community Event sign means a temporary sign that is erected for a local charitable community event and may be erected 7 days prior to the event and must be removed 72 hours after the event has concluded. Construction sign means a type of temporary sign that provides information about the activity occurring at a construction site. Council means the Council of The Corporation of the City of Niagara Falls. Directional sign means a free-standing sign that gives directions or instructions for the control of vehicular or pedestrian traffic on a property. Directory sign means a sign listing the tenants of a building containing at least two (2) distinct tenant units and that displays only the name and address of the tenants or occupancies for identification purposes. Electronic Message Centre sign (EMC) means a sign that is capable of displaying words, symbols, figures or images as copy, which can be electronically changed by remote or automatic means. This could include full motion video or fixed copy that changes. Fascia sign means a sign attached to, marked or inscribed on, erected or placed against a wall forming part of a building on a plane at any angle greater or less than ninety degrees to the plane of the building=s wall. Page 104 of 605 - 3 - First party sign means a sign which advertises, promotes, or directs attention to businesses, goods, services matters or activities that are only available at or related to the premises where the sign is located. General ground sign means a ground sign supported by the ground with a maximum vertical clearance of 0.75 metres between grade and the base of the sign. Grade means the average surface elevation of the finished ground below a sign or the point where the ground is in contact with any sign, building, or other structure. Ground sign means a sign directly supported by one (1) or more uprights, poles or braces or located on a structural base placed in or upon the ground and includes a pylon sign. Illumination study shall mean a study completed by a qualified professional that examines the impact of the illumination from a sign on adjacent areas and properties. Information sign means a sign installed for public safety or convenience regulating on premises traffic, parking or a sign denoting sections of a building and displaying no commercial advertising. Institutional land use means the use of land, buildings or structures for any use permitted under the Institutional zone or land zoned Institutional in the Zoning By- law. Institutional sign means a sign installed on an institutional land use. Legal Non-conforming sign means an existing sign, legally erected prior to December 15, 2008 and for which a permit was previously obtained and which does not conform with any or all of the provisions of this by-law, as amended. Logo sign means a sign attached to the wall of a building and located at the uppermost storey of a building and consisting solely of a graphic, corporate symbol or trademark used to identify a particular building or premise or a particular occupant of a building. Lot means a parcel of land fronting onto a street, which may be described by metes and bounds in a registered deed or be shown in a registered plan of subdivision. Contiguous lots in common ownership and occupied by a single building shall be deemed to be a single lot for the purpose of this By-law. Mansard roof means a roof having two (2) slopes on all sides with the lower slope at an angle of not less than 60 degrees and steeper than the upper slope. Menu Board sign means a sign erected as part of a drive-through facility and used to display and order products and services available in association with the drive-through business. Page 105 of 605 - 4 - Murad means any type of display or artistic endeavour applied as paint, film or other covering to an external wall or other integral part of a building or structure that may include words or advertisement or other promotional message or content, including logos or trademarks. New development sign means a first party sign or third party sign that identifies or provides information relating to or advertising the development or construction of a building or buildings. Official population means the total number of residents of the City of Niagara Falls as determined by the most recent population census completed by the Government of Canada. Official sign means a sign erected by a public authority for the purposes of that public authority. Owner means the registered owner of the premises on which a sign is located or is proposed to be located. Park means any publicly owned or publicly controlled land that is used or intended to be used for outdoor recreation, green space or as a natural buffer. Person means an individual, firm, corporation, association or partnership. Portable sign means a sign not permanently anchored to the ground or attached to a building and designed in a manner as to be capable of being moved from place to place. Without limiting the generality of the foregoing, this definition shall include a mobile sign, sandwich board sign, A-frame sign, and inflatable sign. Poster means a printed notice conveying information intended to be displayed for a temporary period of time and includes but is not limited to a bill, bulletin, handbill, leaflet, notice and placard. Premises means a lot and includes all buildings and structures thereon. Projected image sign means a sign that consists of an image projected onto a wall, sidewalk or other surface. Projecting sign means a building mounted sign with the sign faces perpendicular to the building fascia, excepting an awning sign and a canopy sign. Property line means the boundary of a lot. Public property means property, land or a building owned by the City, The Regional Municipality of Niagara, Province of Ontario, Government of Canada, or a local board as defined in the Municipal Affairs Act, as amended. Pylon sign means a ground sign with a minimum vertical clearance of 2.7 metres between the grade and the lowest part of the sign face. Page 106 of 605 - 5 - Readograph means a sign or part thereof, composed of alpha-numeric characters which is changed either manually or electronically. Region means The Regional Municipality of Niagara. Regulation means, unless the context indicates a reference to provincial or federal regulations, any standard, rule, requirement or prohibition set out in this by-law. Residential land use means the use of land, buildings or structures exclusively for human habitation. Roof sign means a sign supported entirely or partly by the roof of a building or structure and projects above the roof and parapet and shall not include a sign painted onto a roof. Sign means any surface, structure and other component parts, which are used or capable of being used as a visual medium or display to attract attention to a specific subject matter for identification, information, or advertising purposes and includes an advertising device or notice. Sign area means the total area of the surface of every face of a sign including the border or frame, together with any material forming an integral part of the background of the display or used to differentiate the sign from the backdrop or building against which it is erected. Where there is no border or the sign is composed of individually installed letters, numerals, or shapes, the sign area shall include all of the area of the smallest rectilinear outline that uses the least number of horizontal and vertical lines to enclose the grouping of letters, numerals, or shapes. Sign District means an area defined by the City for the purpose of prohibiting or regulating the placing or erecting of signs, notices, and advertising devices. Sign face means that portion of a sign upon which or through which the message of the sign is displayed. Sign uniformity plan means drawings and specifications approved by the City showing the arrangement of all wall signs erected and to be erected on a building or premises containing more than one (1) occupancy, and providing details of the type, character, height, and design of the signs in relation to the architectural features of the building. Street means any highway as defined in the Municipal Act, 2001. Streetline means and is the property line between a lot and a street. Temporary sign means a sign anchored to the ground but erected for a limited period of time. Without limiting the generality of the foregoing, this definition shall include a real estate sign, construction sign, election sign, portable signs, sale banner, and new development sign. Page 107 of 605 - 6 - Third party sign means a sign that advertises, promotes, or directs attention to businesses, goods, services matters or activities that are not available at or related to the premises where the sign is located. Visual impact study means a study that demonstrates through graphics and other means, the expected visual appearance a sign will have at its proposed locations within its surroundings as viewed from relevant vantage points. Wall area means the total area of an upright or vertical side of a building including any articulations. Wall sign means a sign attached to or erected or placed against a wall forming part of a building, or supported by or through a wall of a building and having the exposed face thereof on a plane approximately parallel to the plane of such wall and includes awning signs, fascia signs, and murads. Window sign means a sign posted, painted, or affixed in or on a window exposed to public view. I. ADMINISTRATION 3. ADMINISTRATION 3.1. Interpretation 3.1.1.Words importing the singular number or the masculine gender only shall include more persons, parties or things of the same kind than one, and females as well as males and the converse. 3.1.2.The Chief Building Official or his designate shall determine the type of sign that any particular sign is and his determination of this issue shall be final. 3.2. Administration 3.2.1.The Chief Building Official and/or his designate shall be responsible for the administration of this By-law. 3.3. Permits 3.3.1.Except for signs referred to in section 3.5.1, no person shall erect, display or maintain a sign on private property unless a permit is obtained under the provisions of this By-law prior to the erection for that sign. 3.3.2.All signs shall conform to the provisions of this By-law. 3.3.3.A permit shall be refused if the proposed sign does not comply with this or any other By-law of the City or Region, or Provincial or Federal statute, regulation or approval. Page 108 of 605 - 7 - 3.3.4.(1)A permit issued by the City for a sign shall expire six months from the date of issuance unless the sign is erected for its intended purpose. (2)In the event that an application is made to extend the six month period referred to in subsection 3.3.4(1) above, prior to the expiration of that six month period the time to erect the sign may be extended for a further six months by the Chief Building Official. (3)A permit may only be extended once. 3.3.5.When a sign is removed, the permit issued for that sign shall be deemed to be revoked. 3.3.6.The City may revoke a permit under the following circumstances: (a)The City issued the permit in error, or (b)The sign does not conform to this By-law, the Ontario Building Code, or any other applicable regulation or legislation or approval, or (c)The permit has been issued as the result of false, mistaken, incorrect, or misleading statements, information, or undertakings on the application, plans, drawings, sketches and other documents submitted with the application, or (d)The sign is causing, will cause or is contributing or will contribute to a hazardous condition. 3.3.7.If a building permit is issued for a sign that building permit is deemed to be a sign permit for the purposes of this By-law. 3.4. Application for Permit 3.4.1.The applicant for a permit shall be the owner of the property or building on which the sign is to be erected or the authorized agent of the owner. 3.4.2.The applicant shall file with the City an application for a permit on the prescribed form. 3.4.3.The applicant for a permit shall provide to the City: (a)A completed application in the form prescribed by the City; (b)The written authorization of the owner where the applicant is not the owner of the property or building where the sign is to be erected; (c)A drawing showing the location and dimensions of all existing and proposed signs, and identifying the materials of which the proposed sign is to be constructed; Page 109 of 605 - 8 - (d)A site plan showing the location of the sign in relationship to other buildings and structures, the street, and the boundaries of the property upon which the sign is proposed to be erected; (e)Sufficient information for the Chief Building Official to determine that the sign has been designed and will be constructed in compliance with the applicable structural and fire prevention provisions of the Ontario Building Code. 3.4.4.An application for a fascia sign for a building or property containing more than one (1) occupancy or tenant shall include a sign uniformity plan where signs are proposed for more than one (1) occupancy or tenant. 3.4.5.Prior to applying to the City for a permit, the applicant shall obtain approval for the proposed sign, if required, from any other governmental authority having jurisdiction over the sign. 3.4.6.Notwithstanding section 3.4.5 above, in the case of a sign subject to the jurisdiction of the Niagara Parks Commission, the approval of the Niagara Parks Commission may be obtained after the application has been made. 3.4.7.Notwithstanding section 3.4.5 if the Chief Building Official believes unreasonable delays in the process would occur he may issue a conditional sign permit following as closely as possible the rules and procedures of the Building Code Act, 1992, S.O. 1992, c. 23, any replacement legislation of that Act and any regulations promulgated pursuant to that Act or replacement legislation for the issuance of Conditional Building Permits. 3.4.8.Fees payable at the time of the application shall be in accordance with the permit fee structure adopted by the City and shall be paid prior to the City accepting any sign permit application for processing. 3.5. Signs for Which a Permit is not required 3.5.1.No sign permit shall be required for the following signs, provided the erection of such sign complies with all other provisions of this by-law and that a valid building permit is issued by the City, where required by the Ontario Building Code, to permit the erection of such sign: (a)Signs to be located on lands that lie within an area that is under the jurisdiction of the Regional Municipality of Niagara, the Niagara Escarpment Commission or the Ministry of Transportation, provided that: (i)a permit has been issued by the agency having jurisdiction; and Page 110 of 605 - 9 - (ii)a valid building permit has been issued by the City for the following types of signs prior to the commencement of erection of such sign: A.Ground signs exceeding 7.5 metres (24.6 ft.) in height; B.Roof signs exceeding 10 square metres in sign area; and C.Billboard signs. (b)Official signs or signs pertaining exclusively to public safety; (c)Flags of corporations, nations, educational, or religious organizations provided not more than three (3) flags are located at one (1) premises; (d)A poster affixed to a community bulletin board in accordance with the provisions of this By-law; (e)A sign containing the name and address of a resident or occupant, provided the sign is not more than 0.2 square metres in sign area and does not include any commercial advertising for a residential land use of less than six (6) dwelling units; (f)A sign containing the name and address of the building, provided the sign is not more than 2.4 square metres in sign area and does not include any commercial advertising for a residential land use of six (6) or more dwelling units; (g)Information signs not more than 0.4 square metres in sign area; (h)Real estate signs not more than 0.5 square metres in sign area in a residential zone and 2.0 square metres in all other areas. Such real estate sign shall be removed within 14 days after the date of closure of an offer of purchase or lease of the premises; (i)A window sign on the first storey of a building occupied by a commercial use provided the window sign is not more than 20% of each window section or pane; (j)Directional sign not more than 0.5 square metres in sign area and 1.2 metres in height; (k)An open house directional sign; (l)A Construction sign not more than 5.0 square metres in sign area and to be removed within 30 days of the construction being completed or discontinued; (m)A sign for a contractor undertaking landscaping, home repairs or renovations, provided such sign is erected no more than two (2) days prior to the commencement of the project and is removed from the property immediately after the project is completed; (n)A garage sale sign or a sign advertising a lost pet; (o)Election sign; (p)Community Event sign not more than 3 m2 (32.29 sq. ft.) in sign area. Page 111 of 605 - 10 - (q)Menu Board sign not more than 3.5 m2 (37.67 sq. ft.) in sign area and not more than 3 m. in height. 3.6. Prohibited Signs 3.6.1.Any sign not expressly permitted by this By-law is prohibited and without limiting the generality of the foregoing, the following signs are specifically prohibited: (a)A sign located on or over public property; (b)Bench sign; (c)A sign located so as to obstruct the view of any pedestrian or motorist so as to cause an unsafe condition; (d)A sign attached to or displayed on a vehicle or trailer which is parked or located for the primary purpose of displaying the sign or advertisement; (e)A sign which obstructs or is located in a parking space that is required to enable the premises upon which the portable or temporary sign is located to comply with the requirements of a City of Niagara Falls Zoning By-law; (f)A sign located in a daylight triangle; (g)An inflatable sign; (h)No sign located within 30 metres of an intersection shall contain any green or red lettering or graphics that are illuminated or flashing; (i)Any sign which violates in any way any statute, regulation or by-law of the Government of Canada, the Province of Ontario, the Region or the City. Niagara Civic Convention Centre 3.6.2.Notwithstanding the foregoing and the provisions of section 12.1, a banner is permitted to be located on public property, in accordance with the following: 3.6.2.1. The provisions of this section shall apply to any banner erected by the Operator of the Niagara Civic and Convention Centre Inc. 3.6.2.1.1. in this part: (a)AApproved fixture@ means a fixture for erecting a banner, attached to a pole or structure in a location and of a construction approved by the Director of Municipal Works of the City within the Designated Area. (b)ANCCC Banner@ means a banner that complies with the regulations of this by- law and is authorized to be erected upon an approved fixture by or at the direction Page 112 of 605 - 11 - of the NCCC within the Designated Area which relates to events to take place at the Niagara Convention and Civic Centre. (c)ADesignated Area@ means the area designated on Schedule B for the erection of NCCC Banners. 3.6.2.1.2. No permit shall be required to erect an NCCC Banner on an Approved Fixture. 3.6.2.1.3. The Operator of the Niagara Civic and Convention Centre Inc., or designate, shall obtain written acknowledgment of any proposed banner prior to installation. 3.6.2.1.4. Contractors retained by the NCCC to erect NCCC Banners shall comply with all applicable standards, rules and regulations of the City concerning or related to undertaking work in City streets. 3.6.2.1.5. An Approved Fixture may be located on public lands. 3.6.2.1.6. An NCCC Banner shall not be used for advertising or promoting any event which is not related to the NCCC or any business other than the NCCC. 3.6.2.1.7. All other relevant provisions of this by-law shall apply to NCCC banners. 3.6.2.1.8. The appropriate Business Improvement Association shall be consulted with by the Operator of the Niagara Civic and Convention Centre Inc. where the Designated Area intersects with a Business Improvement Area prior to the installation of any banners. Business Improvement Areas 3.6.2.2.The provisions of this Part shall apply to banners erected by or at the direction of, Boards of Management of a Business Area within the Business Improvement Area of that Board of Management. 3.6.2.2.1. in this part: (a)AApproved fixture@ means a fixture for erecting banners, attached to a pole or structure in a location and of a construction approved by the Director of Page 113 of 605 - 12 - Municipal Works of the City within the Designated Area. (b)ABIA Banner@ means a banner that complies with the regulations of this by- law and is authorized to be erected upon an approved fixture by the Board of Management of a Business Improvement Area within the Business Improvement Area governed by the Board of Management giving the approval and which relates to events and businesses within the BIA. 3.6.2.2.2. No permit shall be required to erect a BIA Banner on an approved fixture. 3.6.2.2.3. The Operator of the Niagara Civic and Convention Centre Inc., or designate, shall obtain written acknowledgment of any proposed banner prior to installation. 3.6.2.2.4. Contractors retained by Boards of Management of Business Improvement Areas to erect BIA banners shall comply with all applicable standards, rules and regulations of the City concerning or related to undertaking work in City streets. 3.6.2.2.5. An Approved Fixture may be located on public lands. 3.6.2.2.6. A BIA Banner shall not be used for advertising or promoting any event which is not related to the BIA or to any business located outside boundaries of the BIA. 3.6.2.2.7. All other relevant provisions of this by-law shall apply to BIA banners. 3.6.2.3.Any banner installed in accordance with subsections 3.6.2.1 and 3.6.2.2 above shall comply with the following regulations: 3.6.2.3.1. A banner projecting over a sidewalk shall have a minimum vertical clearance of 2.75.m between the grade and the lowest part of the sign face. 3.6.2.3.2. A banner projecting over any portion of a road shall have a minimum vertical clearance of 4.8m between the road surface and the lowest part of the sign face. Page 114 of 605 - 13 - 3.6.2.3.3. A banner shall not be installed on poles supporting traffic control signals or stop/yield signs. 3.6.2.3.4. A banner shall not be installed within 30m of a rail crossing. 3.6.2.3.5. A banner shall not obstruct the visibility of traffic signs, traffic signals or other traffic control devices. 3.6.2.3.6. A banner shall not resemble images or text that imitates any official parking or traffic control signal, sign or device.@ 4. GENERAL PROVISIONS 4.1.No sign shall be located so as to obstruct the view of the movement of traffic or pedestrians upon any street or railway crossing to persons using or seeking to use the street or railway crossing or of the view of any traffic signal located on or near the street, lane, highway or railway crossing. 4.2.Except where otherwise permitted, no sign shall be fixed, attached to or painted onto a fence, board, tree, transit shelter, splash guard, safety or guard rail, utility pole, street furniture, trash or recycling bin. 4.3.The owner of the premises upon which any sign is located, shall be responsible for every aspect of any sign on that premises and, without limiting the generality of the foregoing, shall obtain any licence required for the sign and maintain the sign in a proper state of repair to prevent the sign becoming unsafe or dangerous. 4.4.No sign shall be located within 1.5 metres of an adjacent lot, except for a fascia sign or wall sign where the adjacent lot line is a shared wall, or is on a structure located on a street corner. 4.5.Any external lighting used to illuminate a sign shall be arranged to not direct light onto an adjacent street or premises. 4.6.Except as provided for in clauses (e) and (f) of section 3.5.1 and section 15 of this By-law no sign is permitted on a residential land use. 4.7.A sign must be located or displayed at a location where that type of sign is permitted and must comply with the regulation applicable to that type of sign in that location. 4.8.It is the express intent of Council that this by-law is not to be interpreted so as to grant rights to persons that they would not have enjoyed but for the passage of this by-law. 4.9.The onus of demonstrating that a sign is not subject to the provisions of this by-law shall be upon the owner of that sign. Page 115 of 605 - 14 - 4.10.Changes to a legal non-conforming sign including replacement of the sign content and sign face or restoration, reinforcement and repair to the structural elements of a sign shall be permitted provided all dimensions and location of the sign remain exactly the same and shall be subject to obtaining the necessary sign permit. 4.10.1.Where changes to a legal non-conforming sign necessitate the removal or disassembly of structural elements, in whole or in part, it is, deemed a replacement sign, which necessitates full compliance with all provisions of this by-law and shall require a building permit. 4.10.2.A sign permit shall not be required for any alterations or repairs to a sign for which a sign permit has been issued where such alterations or repairs involve only a change in copy or the repainting, cleaning or other normal activities provided the sign structure is not modified in any other way. II. SIGNS PERMITTED BY DISTRICT 5. SIGN DISTRICTS 5.1.(1)For the purposes of this By-law, the following Sign Districts shown in Schedule AA@ are hereby established for the regulation of signs in the City: Downtown District, Fallsview District, Clifton Hill District, Lundy=s Lane District, Whirlpool District, Chippawa District, Commercial District and Industrial District. (2)The types of signs permitted in each district shall be as set out in Tables 1 and 2. (3)Where a type of sign is permitted, it shall be subject to the regulations relating to that type of sign. (4)In addition to the regulations described in subsection 5.1(3) a sign shall be subject to any special regulations that apply to that type of sign in the Sign District where the sign is located. 5.2.(1)Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and that are zoned any Neighbourhood Commercial designation pursuant to By-law No. 79-200 as amended are designated Neighbourhood Commercial Sign District for the purposes of this By-law. (2)Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and that are zoned any Commercial designation other than a Neighbourhood Commercial designation pursuant to By- law No. 79-200 as amended that are designated Commercial/Industrial Sign District for the purposes of this By-law. Page 116 of 605 - 15 - (3)Those areas of the City that are not within a Sign District listed above in Article 5.1(1) and zoned any Industrial designation pursuant to By- law No. 79-200 as amended that are designated Commercial/Industrial Sign District for the purposes of this By-law. Table 1 Sign Districts Column 1 Column 2 Sign Type Fallsview Clifton Hill Downtown Ground Signs Pylon Sign Yes Yes No General G d Si Yes Yes Yes Wall Signs Fascia Sign Yes Yes Yes Murad Yes Yes No Awning Sign Yes Yes Yes Logo Sign Yes Yes Yes Roof Sign No Yes No Projecting Sign Yes Yes Yes Canopy Sign Yes Yes Yes Billboard see section 11.0 Portable Sign No No Sandwich Board Signs - Yes All other Portable Signs - No Temporary Sign No No No Banner Yes Yes No Electronic Message Centre Yes Yes No Projected Image Signs Above Ground Yes Yes No On Ground Yes Yes No Readograph Yes Yes Yes Page 117 of 605 - 16 - Table 2 Sign Districts Column 1 Column 2 Sign Type Lundy=s Whirlpool Chippawa Ground Signs Pylon Sign Yes Yes No General Ground Yes Yes Yes Wall Signs Fascia Sign Yes Yes Yes Murad Yes Yes Yes Awning Sign Yes Yes Yes Logo Sign Yes Yes Yes Roof Sign No No No Projecting Sign Yes Yes Yes Canopy Sign Yes Yes Yes Billboard see section 11.0 Portable Sign Yes Yes No Temporary Sign No No Yes Banner Yes Yes Yes Readograph Sign Yes Yes No Projected Image Signs Above Ground Yes Yes No On Ground Yes Yes No EMC Yes Yes No Table 3 Sign Districts Column 1 Column 2 Sign Type Neighbourhood Commercial Commercial/Industri al District Ground Signs Pylon Sign No Yes General Ground Yes Yes Page 118 of 605 - 17 - Wall Signs Fascia Sign Yes Yes Murad Yes Yes Awning Sign Yes Yes Logo Sign No Yes Roof Sign No No Projecting Sign Yes Yes Canopy Sign Yes Yes Billboard see section 11.0 Portable Sign Yes Yes Temporary Sign No Yes Banner No Yes Readograph Sign No Yes Projected Image Signs Above Ground No Yes On Ground No Yes EMC No Yes 5.3.In the Downtown Sign District, the following regulations apply in addition to those set out in Tables 1 and 2: (a)A fascia sign shall be located within the horizontal band which divides the store front widows from the upper facade; (b)A sign in the Downtown Sign District shall not be internally illuminated. 5.4.Notwithstanding Table 1, the following signs are permitted outside of the Sign Districts: (a)institutional signs; (b)agricultural signs; (c)New development signs. III. THE REGULATIONS The regulations specific to each type of sign are as follows: 6. GROUND SIGNS A ground sign shall conform to the following regulations: 6.1. Ground Signs Page 119 of 605 - 18 - General ground signs and pylon signs must comply. 6.1.1.One (1) ground sign may be located along a street frontage for each 45 metres of street frontage. 6.1.2.No more than two (2) ground signs may be located on the street frontage of a property. 6.1.3.No ground sign shall be located closer than 30 metres to any other ground sign on the same property. 6.1.4.The maximum total sign area for all ground signs on a street frontage shall be as set out in Table 4. Table 4 Maximum Area Ground Signs Lot Frontage Sign Districts Chippawa All Other Sign Districts 23 metres or less -4.6 sq. m 23 metres to 30 metres -7.0 sq. m Over 30 metres but less than 46 metres -9.3 sq. m Over 46 metres -General Ground Signs : 18.6 sq. m Pylon Sign: 23.0 sq. m All frontages 4.6 sq. m - 6.1.5.The maximum sign area for all ground signs on a property shall include the area of all permitted directional signs. 6.1.6.Every ground sign shall display the municipal address of the property upon which the sign is located in numerals that are a minimum height of 150 millimetres. 6.1.7.No part of a ground sign shall be located within 1.5 metres of a street line or public sidewalk. 6.1.8.The maximum height of a ground sign other than a pylon sign shall be 2.4 metres. 6.2. Pylon Signs A pylon sign shall conform to the following regulations: Page 120 of 605 - 19 - 6.2.1.A pylon sign shall be erected on a property with a minimum street frontage of 30 metres. 6.2.2.A pylon sign shall not be erected on a street frontage of a lot that is less than 30 metres. 6.2.3.There shall be no more than one (1) pylon sign erected on any frontage of any lot. 6.2.4.Notwithstanding Table 3, a pylon sign shall not be erected in the Main and Ferry District as shown on Schedule AA@ of this By-law. 6.2.5.The maximum height of a pylon sign shall be 9 metres. 6.2.6.A pylon sign shall have and maintain a minimum vertical clearance of 2.7 metres between the grade and the lowest part of the sign face. 7. WALL SIGNS 7.1. Fascia Signs A fascia sign shall conform to the following regulations: 7.1.1.No fascia sign shall cover or project into any window, door, or other opening on a building face. 7.1.2.A fascia sign may project a maximum of 0.45 metres from a building face over the street line. 7.1.3.A fascia sign projecting .08 metres or more from a building face shall be a minimum of 2.70 metres above grade. 7.1.4.The upper limit of a fascia sign shall not project above the roofline or parapet of a building. 7.1.5.No fascia sign shall be attached to a mansard roof. 7.1.6.The maximum aggregate area of all fascia signs on any one (1) building face shall be 25% of the area of the building face to which it is attached. 7.1.7.Notwithstanding sub-section 7.1.6, the maximum area of all fascia signs on any one (1) building face within the Chippawa District shall be 9.3 square metres. 7.1.8.Where two (2) or more fascia signs are attached to a building, the signs shall maintain a uniform band of signage along the building face defined by locating all signage on the building face in a manner that maintains a consistent horizontal alignment and vertical height. Page 121 of 605 - 20 - 7.1.9.In the case of a building containing multiple occupancies or tenants, a maximum of one (1) fascia sign shall be permitted for each tenant or occupancy provided the maximum total sign area permitted for fascia signs is not exceeded. 7.1.10.One (1) fascia directory sign shall be permitted on any building and shall be included in the total maximum sign area for fascia signs. 7.2. Murad Signs A Murad sign shall conform to the following regulations: 7.2.1.The maximum area of a Murad sign shall be 25% of the area of the building face from which it is displayed. 7.2.2.Notwithstanding sub-section 7.2.1, the maximum area of a Murad sign displayed within the Chippawa District shall be 9.3 square metres. 7.3. Awning Signs An awning sign shall conform to the following regulations: 7.3.1.The maximum sign area of an awning sign shall be 25% of the awning to which it is applied. 7.3.2.The maximum length of an awning sign shall be 10 metres. 7.3.3.Awning signs shall not consist of three dimensional letters or graphics. 7.3.4.Notwithstanding clause (a) of section 3.6.1, an awning sign may encroach onto a street or shoulder of a street to within 0.8 metres of a street curb or the shoulder of a road. 7.4. Logo Signs A logo sign shall conform to the following regulations: 7.4.1.Where a logo sign is displayed on a building that is four (4) or more stories in height the logo sign shall be displayed on the building face of the upper most storey of that building. 7.4.2.Where a logo sign is displayed on a building of three (3) or fewer stories, it may be displayed anywhere on the building. 7.4.3.The maximum sign area of a logo sign shall be 10% of the portion of the building face defined by the floor and ceiling of the storey of the building upon which the logo sign is displayed. 8. ROOF SIGNS Page 122 of 605 - 21 - A roof sign shall conform to the following regulations: 8.1.No more than one (1) roof sign shall be located on a building. 8.2.A roof sign shall be integrated with the architecture of the building on which it is erected and shall not appear as a separate structure. 8.3.A roof sign shall be located a minimum of 1.2 metres from the outer wall of the building on which it is displayed. In no case shall a roof sign overhang the outer wall of a building. 8.4.No part of a roof sign shall be higher than 5.5 metres above the roof or parapet of the building. 8.5.No part of a roof sign shall be closer than 1.0 metres to the roof deck. 8.6.The maximum sign area of a roof sign shall not exceed 20 square metres. 8.7.A roof sign shall not obstruct any door, window, skylight, scuttle, or fire escape or prevent the free access of fire fighters to any part of the building. 8.8.A roof sign shall not obstruct the view from any window or skylight that is in a building located on an adjacent property. 8.9.An application for a roof sign shall include a visual impact study and an illumination study to illustrate and evaluate the impact of the roof sign with respect to the City=s skyline and appearance from Queen Victoria Park. 9. PROJECTING SIGNS A projecting sign shall conform to the following regulations: 9.1.A projecting sign shall not encroach onto a public property. 9.2.Notwithstanding section 9.1 a projecting sign may encroach onto a street one half of the distance between the street line and the street curb or the shoulder of the street where a shoulder exists or to within 0.8 metres of a street curb or the shoulder of a road, where a shoulder exists, whichever is the lesser of the two distances. 9.3.The maximum area of a projecting sign shall be 7.0 square metres. 9.4.A projecting sign shall maintain a minimum clearance of 2.7 metres above grade. 10. CANOPY SIGNS A canopy sign shall conform to the following regulations: 10.1.The maximum height of a canopy sign shall be 0.6 metres. Page 123 of 605 - 22 - 10.2.Where a canopy sign is displayed above the canopy the vertical space between the lowest point of the sign and the top of the canopy or overhang shall not exceed 0.3 metre. 10.3.A canopy sign may project a maximum 0.3 metre from the canopy face. 10.4.A canopy sign shall maintain a minimum clearance of 2.7 metres above grade. 10.5.Notwithstanding clause (a) of section 3.6.1, a canopy sign may encroach onto a street one half the distance between the street line and the street curb or the shoulder of the street where a shoulder exists or to within 0.8 metres of a street curb or the shoulder of a road where a shoulder exists whichever is the lesser of the two distances. 11. BILLBOARDS A billboard shall conform to the following regulations: 11.1.A billboard shall only be located on a vacant property designated Major Commercial, Industrial, Good General Agriculture by the City=s Official Plan. 11.2.Where a billboard is located on a premise, no other signs for which a permit is required shall be displayed on that premises and no sign permits shall be issued to permit any additional signs on that premises. 11.3.Notwithstanding the provisions of section 11.1, billboards are not permitted within the Downtown District and the Chippawa District. 11.4.The sign face of a billboard shall be a minimum 18.0 square metres and a maximum of 70 square metres in sign area. 11.5.The minimum distance between billboards shall be 300 metres. 11.6.The maximum height of a billboard shall be 7.5 metres. 11.7.A billboard shall have no more than two (2) sign faces. Each sign face shall comply with section 11.4. 11.8.Where a billboard has two (2) sign faces the sign faces shall be located, placed and displayed at an angle no greater than 120 degrees which angle shall be measured from the back of the sign faces of the billboard. 11.9.A billboard shall be located more than 90 metres from a designated historic site, a public park, or any property designated Residential by the City=s Official Plan. 11.10.An application for a sign permit to erect and display a billboard shall include an illumination study and a visual impact study. Page 124 of 605 - 23 - 11.11.The maximum number of billboards in the City shall not exceed the official population of the City divided by 625. 11.12.The City in each calendar year may approve a maximum of 10 permits for billboards at new locations not currently containing billboards subject to the provisions of section 11.11 which shall supersede this section such that the total number of billboards within the City shall never exceed the number specified the calculation described in section 11.11. 12. BANNERS, PORTABLE SIGNS AND TEMPORARY SIGNS Banners, Portable Signs and Temporary Signs shall conform to the following regulations: 12.1. Banners 12.1.1.Not more than two (2) banners shall be placed on a single pole. 12.1.2.The maximum area of a banner shall be 2.5 square metres. 12.1.3.The minimum distance between any part of a banner and the grade shall be 2.7 metres. 12.1.4.A sign permit authorizing the erection, display or maintenance of a banner, that permit shall authorize that owner to erect, display or maintain any number of banners of the same design erected, displayed or maintained in the same manner. 12.2. Portable Signs and Temporary Signs 12.2.1.(1)A sign permit to erect, display, or maintain a portable or temporary sign shall have a maximum term of no more than 30 days. (2)No more than four (4) permits for a portable or temporary sign shall be issued to the same business per calendar year. (3)The total number of days of erection, display or maintenance authorized by the four (4) permits described in sub-section 12.2.1 shall not exceed 120 days per calendar year. 12.2.2.The maximum height of a portable or temporary sign is 1.8 metres. 12.2.3.A portable or temporary sign shall have no more than two (2) sign faces. 12.2.4.The maximum sign area of an individual sign face of a portable or temporary sign shall be 3.0 square metres. Page 125 of 605 - 24 - 12.2.5.Where a portable or temporary sign has two (2) sign faces, the sum of the sign area of the two (2) sign faces shall be no more than 6.0 square metres. 12.2.6.(1)Notwithstanding the number of occupancies in a premises, a maximum of one (1) portable or temporary sign per 15 metres of frontage shall be displayed along a street frontage of a property. (2)No portable sign shall be erected, displayed or maintained within 15 metres of another portable sign. 12.2.7.A portable or temporary sign shall be located as specified in the drawings submitted by the applicant to obtain the permit for that portable sign. 12.2.8.A portable or temporary sign shall be secured firmly to the ground to prevent any movement or tipping of the sign. 12.2.9.A portable or temporary sign shall not be animated in any manner and shall contain no mechanically or wind driven moving parts. 12.2.10.Streamers, flags, or flashing lights shall not be attached to a portable or temporary sign. 12.2.11.A portable or temporary sign shall contain no flashing lights or animation. 12.2.12.Without limiting in any way the effect of sub-section 3.6.1(e) a portable or temporary sign shall not be located in or obstruct a parking space that is required to enable the premises upon which the portable or temporary sign is located to comply with the requirements of a City of Niagara Falls Zoning By-law. 12.2.13.Without limiting in any way the effect of sub-section 3.6.1(a) portable or temporary sign shall not be located on any street or public property. 12.3. New Development Signs A new development sign shall conform to the following regulations: Table 5 New Development Sign Regulations Maximum height 7.0 metres Maximum sign area For a first party sign - 50 square metres For a third party sign – 30 square metres Minimum setback from a property line 5.0 metres Number of signs per street 1 Page 126 of 605 - 25 - Duration Sign shall be removed when the City assumes the plan of subdivision or within 60 days of the issuance of an occupancy permit or three years, whichever is the lesser. 13. READOGRAPH or ELECTRONIC MESSAGE CENTRE (EMC) A readograph or electronic message centre sign shall conform to the following regulations: 13.1.A readograph or electronic message centre sign may be incorporated into any ground, fascia, roof sign or billboard permitted by this By-law in the Sign Districts listed in Table 6 below and is subject to the accompanying restrictions: Table 6 Readograph or Electronic Message Centre Sign Area Sign District Maximum Area of Readograph or Electronic Message Centre Fallsview District A maximum of 100% of an existing or proposed sign Clifton Hill District A maximum of 100% of an existing or proposed sign Lundy=s Lane District A maximum of 50% of an existing or proposed sign Whirlpool District A maximum of 15% of an existing or proposed sign Commercial/Industrial Districts A maximum of 15% of an existing or proposed sign 13.2.The message or animation of a readograph or electronic message centre shall cycle at an interval of not less than six (6) seconds. 13.3.For the purposes of this By-law, the installation of a readograph or electronic message centre on an existing sign shall require a building permit to ensure compliance with the Ontario Building Code. 13.4. Distance Separation 13.4.1.Electronic message centre sign shall not be erected within 60 m. of any Residential zone, if such a sign will face directly toward the Residential zone; and, 13.4.2.Electronic message centre on a billboard or roof sign shall not be erected within 150 m of any Residential zone, if such a sign will face directly into a Residential zone. Page 127 of 605 - 26 - 13.5. Brightness 13.5.1.Electronic message centre signs shall have an intensity of luminance and illumination shall not exceed the lesser of: (a) 3 lux (0.3 foot candles) above the ambient light conditions, or 300 nits (300 cd/m2) during the hours between dusk and dawn; and (b) 5 lux (0.5 foot candles) above ambient light conditions or 5000 nits (5000 cd/m2) during the daytime hours. 13.6. Automatic Dimming 13.6.1.Electronic message centre signs must have installed an ambient light monitor, which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with the illumination regulations of this by- law. 13.7. Maintenance 13.7.1.Every sign owner shall ensure that each sign be maintained so that electronic message centre signs shall be turned off if not in 100% working order. 14. PROJECTED IMAGE SIGNS Projected image sign shall conform to the following regulations: 14.1. Above Ground Projected Image Sign 14.1.1.An above ground-projected image sign shall be projected onto a building face by a projector located on the same property. 14.1.2.When calculating the maximum sign area permitted on a particular building face, an above ground projected image sign shall be deemed a wall sign. 14.1.3.The image projected by an above ground projected image sign shall be displayed for an interval of not less than six (6) seconds. 14.1.4.An application for an above ground-projected sign shall include a visual impact study, an illumination study, and the written authorization of the owner of the property or building onto which the sign will be projected. 14.1.5.The projector used to project the aboveground projected image sign shall be incorporated into its surroundings and shall not interfere with the reasonable use of any neighbouring premise or street. 14.2. On-Ground Projected Image Signs Page 128 of 605 - 27 - 14.2.1.An on-ground projected image sign shall be projected onto a horizontal ground plane surface by a projector located on the same premises. 14.2.2.The image projected by an on-ground projected image sign shall be displayed for an interval of not less than six (6) seconds. 14.2.3.An application for an on-ground projected sign shall include a visual impact study, an illumination study, and the written authorization of the owner of the property onto which the sign will be projected. 14.2.4.The projector used to project an on-ground projected image sign shall be incorporated into its surroundings and shall not interfere with the reasonable use of any neighbouring premises or street. 15. TOURIST HOMES SIGNS Tourist Home signs shall conform to the following regulations: 15.1.A Tourist Home may have a maximum of one (1) sign. 15.2.A Tourist Home sign may be a ground sign or a projecting sign. 15.3.A Tourist Home sign shall not be erected in a rear yard or an internal side yard, such yards to be determined in accordance with the provisions of any Zoning By-law of the City of Niagara Falls that applies to the subject Tourist Home. 15.4.No part of a ground sign on a Tourist Home premises shall be located within 3.0 metres of a street line. 15.5.No part of a ground sign on a Tourist Home premises shall be located within 1.8 metres of a side property line. 15.6.A projecting sign for a Tourist Home shall be attached to the front wall of the premises. 15.7.The maximum area of a ground sign shall be 3.0 square metres. 15.8.The maximum area of a projecting sign shall be 1.5 square metres. 15.9.The maximum height of a ground sign shall be 3.0 metres. 16. POSTERS Posters shall conform to the following regulations: 16.1.No person shall erect, place or display a poster on public property other than a community bulletin board. Page 129 of 605 - 28 - 16.2.The community bulletin boards shall be located as set out in Schedule AB@ to this By-law. 16.3.The maximum area of a poster shall be 0.28 squares metres. 16.4.A maximum of one (1) poster concerning a particular topic may be placed on a community bulletin board at any one time. 16.5.A poster may not be located that obstructs or covers any other poster. 16.6.Posters shall be erected, placed or fastened on the community bulletin board only by means of thumbtacks, pins, or tape. 16.7.City Staff may remove any poster that does not comply with these regulations. 16.8.City Staff shall remove all posters from community bulletin boards on the last day of each month. 17. SANDWICH BOARD SIGNS The regulations governing the sandwich board signs permitted in the Downtown Sign District shall be as follows: 17.1.Notwithstanding any other provision of this By-law, the owner of a premises located in the Downtown Sign District shall be entitled to a permit for one (1) sandwich board sign. 17.2.A sandwich board sign shall consist of two (2) boards, supported by the ground and joined at the top edge to form a rectangular prism. 17.3.A sandwich board sign shall have no more than two (2) sign faces. 17.4.The maximum sign area of a sandwich board sign shall be 1.25 square metres. 17.5.The maximum width of a sandwich board sign shall be 0.75 metres. 17.6.The maximum height of a sandwich board sign shall be 1.5 metres. 17.7.The maximum number of sandwich board signs permitted for each premises shall be one (1). 17.8.A sandwich board sign shall be located on the sidewalk immediately in front of the premises to which the sandwich board sign relates. 17.9.A sandwich board sign shall not be located such that it impedes the movement of pedestrians in any way. Page 130 of 605 - 29 - 17.10.A sandwich board sign shall be removed from the sidewalk during any time that the premises to which the sandwich board sign relates is not open for business. 17.11.All other provisions and regulations of this By-law shall apply to sandwich board signs located in the Downtown Sign District, with all necessary changes in detail. 18. INSTITUTIONAL SIGNS The regulations governing the institutional signs permitted outside the designated Sign Districts in Table 1 shall be as follows: Table 7 Institutional Sign Regulations Type of signs permitted ground sign, fascia sign, projecting sign Maximum number of signs permitted 3 Maximum readograph/electronic message centre sign area 15% of the sign area Maximum sign area Lot frontage Max. sign area 0 to 15m 2.3 sq. m 16m to 23m 4.6 sq. m 24m to 31m 7.0 sq. m >31m 9.3 sq. m Maximum height of a ground sign Lot frontage Max. height 0 to 15m 2.4m 16m to 23m 3.6m 24m to 31m 6.0m >31m 7.5m Minimum setbacks for a ground sign 1.5 metres from any property line unless the ground sign has less than 1.2 metres of ground clearance then it shall have a minimum setback of 3.0 metres from a street line. 19. AGRICULTURAL SIGNS The regulations governing the agricultural signs permitted outside the designated Sign Districts in Table 1 shall be as follows: Table 8 Agricultural Sign Regulations Types of signs permitted ground signs Maximum height 2.0 metres Maximum sign area 3.0 square metres Minimum setbacks 1.5 metres from any property line unless the ground sign has less than 1.2 metres of ground clearance then it shall have a minimum setback of 3.0 metres from a street line Page 131 of 605 - 30 - IV. VARIANCES AND AMENDMENTS 20. VARIANCES 20.1.Council hereby delegates the authority to grant minor variances to this By-law to the Director of Planning, Building and Development. 20.2.An application for variance from the provisions of this By-law shall be made to the Director of Planning, Building and Development on the appropriate form and shall be accompanied by the fee prescribed by the City. 20.3.The Planning, Building and Development Department shall prepare a report for the consideration of the Director of Planning, Building and Development, that provides for an assessment of the application, the reasons for the variance and a recommendation to the Director of Planning, Building and Development. 20.4.The Director of Planning, Building and Development shall give notice of his intention to consider the application not less than ten (10) days before the day the decision is to be made with respect to that application. 20.5.Notice of the application shall be given to the applicant, all registered owners of property within 60 metres of the property subject of the application and to any appropriate agency or authority. 20.6.The notice shall identify the subject premises, state the date scheduled for the decision, provide a brief description of the proposed variance and particulars of how to make representations to the Director of Planning, Building and Development concerning the proposed variance. 20.7.The applicant shall post a sign, provided by the Director of Planning, Building and Development, on all street frontages the premises identifying the subject premises, stating the date scheduled for the decision, a brief description of the proposed variance, and the particulars of how to make representations to the Director of Planning, Building and Development concerning the proposed variance. 20.8.If the applicant does not correspond with the Director of Planning, Building and Development, the Director of Planning, Building and Development may proceed in the absence of the applicant and the applicant will not be entitled to further notice. 20.9.In the event that the applicant desires to submit additional information for the consideration of the Director of Planning, Building and Development, the applicant may request a deferral of the decision by submitting a written request by 4:30 P.M. of the day before the date the decision is to be made. 20.10.In considering, an application for the variance, the Director of Planning, Building and Development shall have regard to: Page 132 of 605 - 31 - (a)Special circumstances or conditions applying to the lot, building, or use referred to in the application; (b)Whether strict application of the provisions of this By-law in the context of the special circumstances applying to the lot, building, or use, would result in practical difficulties or unnecessary and unusual hardship for the applicant of a type and nature inconsistent with the general intent and purpose of this By-law and the Official Plan; (c)Whether such special circumstances or conditions are pre-existing and not created by the owner or applicant; (d)Whether the sign that is subject of the variance will alter the essential character of the area in which it is located; and (e)Any comments received. 20.11.The Director of Planning, Building and Development may authorize a variance from the provisions of this By-law, with or without conditions, if, in the opinion of the Director of Planning, Building and Development: (a)The variance is desirable; (b)The variance is minor in nature; (c)That the general intent and purpose of this by-law is maintained: and, (d)That the general intent and purpose of the Official Plan is maintained. 20.12.In the event that the Director of Planning, Building and Development has refused to grant the minor variance, the applicant may appeal the refusal to Council and the following rules shall apply: (a)The applicant shall deliver written notice of his intention to appeal to City Council in the prescribed form together with the prescribed fee within ten days of the date of the decision. (b)The Director of Planning, Building and Development shall notify anyone who has requested notice of the Council meeting when the appeal is to be heard; (c)The Director of Planning, Building and Development shall submit a report to Council stating the rationale for the decision. (d)The applicant, or his representative, shall attend the meeting where Council is to consider the appeal. (e)Council may uphold, vary or refuse the recommendation of the Director of Planning, Building and Development. The applicant shall not be entitled to a further hearing on the same matter before Council and the decision of Council on the application shall be final. (f)If the City does not receive a written notice of intention to appeal to Council in the prescribed form together with the prescribed fee within ten days of the date of the refusal, the decision of the Director of Planning, Building and Development is final. 21. AMENDMENTS Page 133 of 605 - 32 - 21.1.Where a proposed sign fails to meet any of the provisions of clauses (a), (b), (c) or (d) of section 20.11; or where a billboard is proposed to be 100% electronic message centre, other than as permitted in this By-law as determined by the Director of Planning, Building and Development or where a proposed sign is not permitted by this By-law, the applicant shall make application for an amendment to this By-law by: (a)Filing an application on the form provided with the Planning, Building and Development Department; (b)Submitting the prescribed fees; and (c)Submitting any plans, drawings, documents or studies that may be deemed necessary by the Director of Planning, Building and Development to assess the application. 21.2.The Director of Planning, Building and Development shall submit a report for the consideration of Council that provides an assessment of the application, the reasons and appropriateness of the proposed amendment and a recommendation to Council. 21.3.At least one (1) public meeting shall be held. 21.4.Notice of a public meeting shall be given to the applicant, all registered owners of property within 120 metres of the property subject of the application and to any appropriate agency or authority not less than 20 days before the day of the public meeting. In the case of a proposed general amendment to this by-law, notice shall be given by publishing a notice in a newspaper, that, in the opinion of the City Clerk or the Director of Planning, Building and Development, is of sufficient general circulation in the area to which the proposed general amendment would apply, that it would give the public reasonable notice of the public meeting. 21.5.The applicant shall post a sign, provided by the Planning, Building and Development Department, on all street frontages of the premises stating the date, time and location of the public meeting and a brief description of the requested amendment. 21.6.If the applicant does not attend the public meeting, Council may proceed in the absence of the applicant and the applicant will not be entitled to further notice in the proceeding. 21.7.In considering an application for an amendment, Council shall have regard for, with all necessary modification, clauses (a), (b), (c), and (d) of section 20.11 of this By-law. 21.8.Council may impose such conditions, including, but not limited to, the use of electronic message centre signs for public service messaging, upon the granting of an amendment, as it deems appropriate in the public interest. Page 134 of 605 - 33 - 21.9.Council may uphold, vary or refuse the recommendation of the Director of Planning, Building and Development. The applicant shall not be entitled to a further hearing on the matter before Council and the decision of Council on the application shall be final. 21.10. Site Specific Provisions 21.10.1.Notwithstanding the provisions contained in sections 3.6.1 and 6.1.4 hereof to the contrary, one pylon sign shall be permitted on the lands at the southeast corner of Murray Street and Stanley Avenue, being PIN 64377-0171 (LT), that are associated with the hotel located at 6361 Fallsview Boulevard, being PIN 64377-0105 (LT), having a maximum sign area of 63 square metres.@ 21.10.2.Notwithstanding any provisions contained in section 7.1 hereof to the contrary, one fascia sign composed entirely of an electronic video screen having a maximum sign area of 5.02 square metres, shall be permitted on the south elevation of the building located on the lands on the east side of Portage Road, south of Keith Street and being PIN 64278-0062(LT), that are associated with the dentist office located at 3690 Portage Road. The sign shall not be used as a third party sign. 21.10.3.Notwithstanding the provisions contained in section 5.0 Table 3 hereof to the contrary, one pylon sign shall be permitted on the lands at the northeast corner of Thorold Stone Road and Kalar Road, being PIN 64296-0194, that is the location of a gas station known as 8267 Thorold Stone Road, and shall: i.be located not less than 42 metres from the north property line and not less than 82 metres from the east property line; ii.have a maximum height of 8 m; iii.have a maximum sign area of 13 sq. m.; and iv.have the lights dimmed between the hours of 11 pm and 7 am.” 21.10.4.Notwithstanding the provisions contained in section 13.0 Table 6 hereof to the contrary, a billboard sign that is 100% electronic message centre shall be permitted on the lands at the southwest corner of Thorold Stone Road and Garner Road, being PIN 64266-0145, that is known as 8972 Thorold Stone Road, and shall: i.be equipped with photocell technology to automatically adjust the sign’s brightness based on ambient light levels so as to not cause any impacts on surrounding residential use nor cause distraction to drivers along Thorold Stone Road; and, Page 135 of 605 - 34 - ii.remove the second existing static billboard sign located nearest the west property line before a permit is issued for the installation of an electronic message centre sign. V. PENALTIES AND ENFORCEMENT 22. PENALTIES AND ENFORCEMENT 22.1.No person shall: (a)Erect, locate or display a sign without a permit if a permit is required under this By-law for that sign; (b)Erect, locate or display a sign for which a permit has been obtained except in accordance with the approved plans and drawings submitted as part of the permit application; (c)Erect, locate or display a sign in a manner that is not in accordance with the regulations of this By-law or the conditions of any variance granted under this By-law; (d)Erect, locate or display a sign of a type that is not specifically permitted under this By-law; (e)Erect, locate or display a sign that is on or overhangs public property; (f)Fail to comply with an order issued pursuant to section 22.6 of this By-law. 22.2.Every person who contravenes any provision of this By-law or an order issued pursuant to section 22.6 of this By-law is guilty of an offence and upon conviction, subject to the penalties and sanctions provided by provincial law for such an offence. 22.3.Where a person has been convicted of an offence, the court in which the conviction has been entered and any court of competent jurisdictions thereafter may, in addition to any other remedy or penalty provided for by law, make an order prohibiting the continuation or repetition of the offence by the person convicted. 22.4.Where a sign is erected or displayed on, over, partly on, or partly over property owned by or under the jurisdiction of the City, such sign may be removed immediately by the City without notice. 22.5.Where a sign is erected or displayed in contravention of this By-law, the Chief Building Official or his designate may immediately pull down or remove any sign that he determines constitutes a safety hazard or concern. 22.6.Where a sign erected on private property does not comply with this By-law or a permit issued under this By-law, the Chief Building Official or his designate, may by order, require the owner to bring the sign into conformity in the manner and within the time specified in the order. 22.7.Any order required under this By-law may be given by: Page 136 of 605 - 35 - (a)Personal service upon the party being served, or (b)prepaid registered mail sent to the last address of the party being served, shown on the records of the City, or (c)Prominently posting a copy of the order either on the sign in respect of which the order is given, or on the land upon which the sign is located. 22.8.If the owner does not comply with an order given under this By-law within the time specified in the order, the Chief Building Official or his designate may order the owner to remove the sign and restore the property and building in the manner and within the time specific in the order. 22.9.Any order required under this By-law may be given by: (a)Personal service upon the party being served, or (b)prepaid registered mail sent to the last address of the party being served, shown on the records of the City, or (c)Prominently posting a copy of the order either on the sign in respect of which the order is given, or on the land upon which the sign is located. 22.10.Where the order is served in accordance with the provisions of this By-law, it is deemed to have been received by the party being served upon the mailing or posting of the order. 22.11.Where a sign is not removed or a property and building are not restored as required by an order issued under this By-law, the Chief Building Official or his designate may have the sign removed and the property and building restored. For this purpose, the Chief Building Official, his designate, or a contractor or other agent may enter upon the property and premises at any reasonable time. 22.12.The costs of removing the sign and restoring the property or building may be recovered by adding those costs to the tax roll to be collected in the same manner as taxes. 22.13.Any sign removed by the City shall be stored by the City for 30 days, during which time the owner may redeem the sign upon payment of the applicable fee prescribed by the City. 22.14.Where a sign has been removed by the City and stored for a period of 30 days and has not been redeemed by the owner, the City may destroy or otherwise dispose of the sign after 30 days without notice or compensation to the owner. 23. CONFLICT 23.1.Where a provision of this By-law conflicts with any other By-law, the By-law containing the higher standard shall prevail. Page 137 of 605 - 36 - 24. VALIDITY 24.1.If a Court of competent jurisdiction declares any section or part of a section of this By-law invalid, it is the intention of Council that the remainder of the By-law shall continue to be in force. 25. REPEAL 25.1.By-laws 2008-224, 2009-101, 2010-113, 2010-149, 2011-001, 2013-128, 2016-043 and 2020-065 are hereby repealed effective the date of the passing of this By-law. Read a first, second and third time; passed, signed and sealed in open Council this 9th day of February, 2021 ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2021\By-laws\By-law to amend Sign By-law 2008 224.docx Page 138 of 605 SCHEDULE "B" Community bulletin board locations: 1.MacBain Community Centre - 7150 Montrose Road, Niagara Falls 2.Gale Centre – 5152 Thorold Stone Road, Niagara Falls 3.Chippawa Willoughby Memorial Arena - 9000 Sodom Road, Niagara Falls 4.Oakes Park - 5700 Morrison Street, Niagara Falls 5.M.F. Ker Park - 3420 Sinnicks Avenue, Niagara Falls 6.E.E. Mitchelson Park - 3750 - 3800 Springdale Avenue, Niagara Falls Page 139 of 605 Address: 5034 Victoria Avenue SBA-2022-001 Applicant: Raimondo Architects Proposal: To permit a 100% electronic message centre billboard Page 140 of 605 Location Map Designated Heritage Properties 90 m buffer Subject property Residential use Residential use Approx. Sign Location Page 141 of 605 Site Plan Page 142 of 605 A GREAT CITY…FOR GENERATIONS TO COME Proposed Sign Page 143 of 605 A GREAT CITY…FOR GENERATIONS TO COME Light Study Page 144 of 605 A GREAT CITY…FOR GENERATIONS TO COME Background •A sign by-law amendment is requested to permit a 3.05 m x 6.09 m (10’ x 20’), billboard sign to be 100% electronic. •A 100% electronic message centre sign would not be permitted, but can be considered by council through the amendment process; •Property is designated Minor Commercial; •Public notice was circulated and signs posted on the property on January 31, 2023. Page 145 of 605 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •Current Sign by-law states that billboard signs are permitted on property that is designated in the Official Plan as Major Commercial, Industrial or Good General Agriculture. •Proposed site is designated Minor Commercial in the Official Plan, but is in a commercial area where other billboard signs have existed for a number of years and would not contribute to an undue concentration of signage. •Sign is to be located within the 90 m separation distance for residential uses. •Applicant has provided a Light Study that demonstrates that the sign will produce 1.86 lux which is below the 3 lux maximum light levels required in the Sign By-law. •The sign is being recommended on the condition that along with dimming technology the sign be extinguished during the nighttime hours of 11 pm to 7 am to mitigate impacts on the residential uses. Page 146 of 605 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •As with similar applications along Thorold Stone Road, the use of dimming technology and nighttime shut down will minimize the impact on residential uses to the north, south, east and southeast, as well as the traffic impacts at the nearby intersections of Jepson and Simcoe Streets. •The proximity to the heritage properties across the street has been mitigated as the location of the sign is across a busy collector road as opposed to being abutting or adjacent to these properties. •The required 300 m distance separation from the nearest billboard sign on Victoria Avenue, has not been achieved but is mitigated by the fact that the signs are not in direct sightline of each other and separated by commercial buildings in between. Page 147 of 605 A GREAT CITY…FOR GENERATIONS TO COME Recommendation Council approve the application to permit a 100% electronic billboard sign at 5034 Victoria Avenue conditional upon the following: 1.That the sign be equipped with photo-cell technology to automatically adjust the sign’s brightness based on ambient light levels and; 2.That the sign be extinguished nightly between the hours of 11 pm and 7 am so as to not cause any impacts on surrounding residential uses nor cause distraction to drivers along Victoria Avenue. Page 148 of 605 1 Heather Ruzylo Subject:Comments Re: SBA 2022-001 From: Chris Matyja < Sent: Sunday, February 26, 2023 10:35 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: Comments Re: SBA 2022-001 Dear Mr.Matson, Here is my written submission regarding Sign By-law Amendment Application SBA 2022-001. Please forward it kindly to the City Council members to be considered while they are making their decision Thank you. To City Council members: Hello, my name is Chris Matyja and I'm a resident of Niagara Falls living in the neighbourhood where erection of the big electronic billboard is considered. I would like to voice a strong opposition to this proposal and to amending City By-law that would allow for this project to proceed. We have many by-laws, rules and regulations - before being passed and adopted, they were given thoughts and considerations to create common grounds that govern communities and establish norms for all of us to follow. It is understandable that occasionally these rules can be slightly bent and amended - doing it lightly and frequently makes these by-laws useless, but doing it carefully and with great consideration can be justified, if a result of such an amendment clearly benefits the community. This is not a case here with the proposed messaging billboard that does not conform with three requirements for its placement : 1) it is much too close to the residential dwellings, 2) it is too close to the heritage properties, 3) it is too close to already existing billboard. Changing the City By-law to disregard these requirements and allowing this project to be constructed does not benefit the local community in any way, nor does benefit tourists, since this area is not popular or frequently visited. We all constantly face a barrage of advertising messages popping up on our TV's, computers, tablets and phones.... here it would be again the same brainwashing style messaging, except in much larger 20'x9' format and non-stop, 24/7. Does it improve our city or makes our lives better ? It does not ! I hope the Council will make the right decision - please uphold the By-law requirements and reject this request to amend. Thank you for your attention to this matter, Page 149 of 605 2 Chris Matyja Niagara Falls, 26/02/2023. P.S. Should you require any more information, please contact me via email or by phone - , Page 150 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-07 Saturday, February 25, 2023 6.1 PBD-2023-10 Sign By-law Amendment Application: 5034 Victoria Avenue Council, I have complied what appears to be all the relevant material below. Red are issues that may or may not need to be addressed. For the following reasons it is recommended that the application be denied. 1) The sign appears to be way to close to the heritage buildings and has direct line of sight to those buildings. 2) It is close to a school playground. 3) The addition of this sign and the existence of the two current signs is going to create wall of billboards at the location. 4) Two studies are required, only one was provided and it appears to be in error. 5) The sign is located within 30 metres of an intersection and will contain green or red lettering or graphics that are illuminated or flashing. 6) The existence of other signs does not bestow any right to other property owners to erect a sign. 7) The property is not vacant and council was not informed otherwise. 8) The sign is encroaching upon the influence of the Downtown District. 9) It is unclear if a public meeting and notifications were required and implemented. Page 151 of 605 By-law No. 2021 – 24 2.0 DEFINITIONS (those that appear relevant)  Advertising device means any device or object erected or located so as to attract public attention to any goods or services or facilities or events and includes flags, banners, pennants and lights  Billboard means a permanent outdoor third party sign erected and maintained by a person, company, or business engaged in the sale or rental of the sign or the use of the sign to a clientele.  Electronic Message Centre sign (EMC) means a sign that is capable of displaying words, symbols, figures or images as copy, which can be electronically changed by remote or automatic means. This could include full motion video or fixed copy that changes.  First party sign means a sign which advertises, promotes, or directs attention to businesses, goods, services matters or activities that are only available at or related to the premises where the sign is located  Ground sign means a sign directly supported by one (1) or more uprights, poles or braces or located on a structural base placed in or upon the ground and includes a pylon sign  Illumination study shall mean a study completed by a qualified professional that examines the impact of the illumination from a sign on adjacent areas and properties.  Sign means any surface, structure and other component parts, which are used or capable of being used as a visual medium or display to attract attention to a specific subject matter for identification, information, or advertising purposes and includes an advertising device or notice  Third party sign means a sign that advertises, promotes, or directs attention to businesses, goods, services matters or activities that are not available at or related to the premises where the sign is located  Visual impact study means a study that demonstrates through graphics and other means, the expected visual appearance a sign will have at its proposed locations within its surroundings as viewed from relevant vantage points. Page 152 of 605 3.1.2. The Chief Building Official or his designate shall determine the type of sign that any particular sign is and his determination of this issue shall be final. What kind of sign is it? 3.3.3. A permit shall be refused if the proposed sign does not comply with this or any other By-law of the City or Region, or Provincial or Federal statute, regulation or approval. Does this apply? 3.3.6.(d) The City may revoke a permit under the following circumstances: The sign is causing, will cause or is contributing or will contribute to a hazardous condition. Will this be enacted if complaints are files against the sign after erection? 3.6.1. Any sign not expressly permitted by this By-law is prohibited and without limiting the generality of the foregoing, the following signs are specifically prohibited: (c) A sign located so as to obstruct the view of any pedestrian or motorist so as to cause an unsafe condition. (f) A sign located in a daylight triangle (h) No sign located within 30 metres of an intersection shall contain any green or red lettering or graphics that are illuminated or flashing Is the sign within the daylight triangle? How is the sign not going to display any green or red lettering or flashing? 4.7. A sign must be located or displayed at a location where that type of sign is permitted and must comply with the regulation applicable to that type of sign in that location. 4.8. It is the express intent of Council that this by-law is not to be interpreted so as to grant rights to persons that they would not have enjoyed but for the passage of this by-law. Does the precedent of other existing signs give the current owner rights it is not entitled too? 5. SIGN DISTRICTS 11. Billboards A billboard shall conform to the following regulations: Page 153 of 605 11.1 A billboard shall only be located on a vacant property designated Major Commercial, Industrial, Good General Agriculture by the City's Official Plan. (You may have noticed that city staff have excluded the wording informing council that the land is required to be vacant, which it is not, also the building is explicitly not shown in the presentation photos) 11.3 Notwithstanding the provisions of section 11.1, billboards are not permitted within the Downtown District and the Chippawa District. Is the sign too close to the Downtown District to allow the relief requested? Are the specific requirements of a specific sign district going to be assigned to the site, if so the Downtown District cannot be used. 11.7. The minimum distance between billboards shall be 300 metres. Page 154 of 605 All three signs are only going to be spaced one property apart. 11.9. A billboard shall be located more than 90 metres from a designated historic site, a public park, or any property designated Residential by the City's Official Plan. The sign is located directly adjacent to the two historical buildings. and a school playground. 11.10. An application for a sign permit to erect and display a billboard shall include an illumination study and a visual impact study. Page 155 of 605 Are both studies before council? 13.5 Brightness 13.5.1. Electronic message centre signs shall have an intensity of luminance and illumination shall not exceed the lesser of: (a) 3 lux (0.3 foot candles) above the ambient light conditions, or 300 nits (300 cd/m 2) during the hours between dusk and dawn; and (b) 5 lux (0.5 foot candles) above ambient light conditions or 5000 nits (5000 cd/m 2) during the daytime hours. Although a Light Study has been presented, it appears to be in error, the requirement above is the light level at the sign, not at a distance way from the sign as presented. 13.6. Automatic Dimming 13.6.1 Electronic message centre signs must have installed an ambient light monitor, which shall continuously monitor and automatically adjust the brightness level of the display based on ambient light conditions consistent with the illumination regulations of this by- law. Automatic dimming is mandatory. 21.1. Where a proposed sign fails to meet any of the provisions of clauses (a), (b), (c) or (d) of section 20.11; or where a billboard is proposed to be 100% electronic message centre, other than as permitted in this By-law as determined by the Director of Planning, Building and Development or where a proposed sign is not permitted by this By-law, the applicant shall make application for an amendment to this By-law by: (a) Filing an application on the form provided with the Planning, Building and Development department; (b) Submitting the prescribed fees; and (c) Submitting any plans, drawings, documents or studies that may be deemed necessary by the Director of Planning, Building and Development to assess the application. 21.3 At least one (1) public meeting shall be held. Does this apply and was it done? 21.4. Notice of a public meeting shall be given to the applicant, all registered owners of property within 120 metres of the property subject of the application and to any appropriate agency or authority not less than 20 days before the day of the public Page 156 of 605 meeting. In the case of a proposed general amendment to this by-law, notice shall be given by publishing a notice in a newspaper, that, in the opinion of the City Clerk or the Director of Planning, Building and Development, is of sufficient general circulation in the area to which the proposed general amendment would apply, that it would give the public reasonable notice of the public meeting. Does this apply and was it done? 21.5. The applicant shall post a sign, provided by the Planning, Building and Development Department, on all street frontages of the premises stating the date, time and location of the public meeting and a brief description of the requested amendment. Does this apply and was it done? Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 157 of 605 CLK-2023-02 Report Report to: City of Niagara Falls Council Date: February 28, 2023 Title: Fee Waiver Application - 44th Annual Women's Place Book Riot Recommendation(s) 1) That Council adopt a new process to approve Fee Waiver Requests as outlined in this report. 2) That Council defer the approval of a preliminary Fee Waiver Application until March 21st, 2023 for: • The 44th Annual Women's Place Book Riot in the amount of $6,954.64 for the waiving of the costs associated with the facility rental at the Gale Centre. Executive Summary Niagara Falls City Council adopted the Council Discretionary Spending report on February 12, 2019. This included the Fee Waiver Policy that accompanied the report. The City of Niagara Falls is committed to supporting volunteer, community-based organizations in order to maintain a quality of life for its residents. This policy aims to protect the City’s assets, interests, goals, facilities, programs and services while also ensuring that festivals and events grow and prosper, positively impacting the quality of life of Niagara Falls residents. The financial scope of this policy is limited to the Council approved budgetary amount for the corresponding year. The City of Niagara Falls will waive fees to eligible applicants to help offset the fee(s) that would have been charged by the City related to the delivery or presentation of a festival or event. Examples of City fees that can be waived include, but are not limited to: •Park permit fees •Rental of City Property •Road Closure Fees •Staffing costs outside normal operations Page 1 of 10 Page 158 of 605 Eligible groups must be not-for-profit organizations which demonstrate a degree of community support and representation including, but not limited to: •Registered charities •Arts and culture organizations •Athletic and social clubs •Service clubs •Neighbourhood groups and organizations, •School associations Based on the results of the 2022 fiscal year and the 2023 Budget process Staff are recommending a change in the processing of these requests. Council in 2022 exceeded their budget by a significant amount. In order to provide Council with better tools to control their budget a change in process is suggested. Background Suggested Process Change for Fee Waivers The recommended changes in process are as follows: 1) That Council approve Fee Waiver Requests three (3) times per year. The approval dates would be March, June and September. By approving requests in a bundled fashion, Council will be able to better allocate their budget evenly across the calendar year and to organizations. If an organization misses an approval meeting, the organization can apply for a fee refund (or, in other words, pay the fee and then ask Council to refund all or a portion of the fees paid). 2) That Council consider the granting of partial fee waivers, for example approving a portion of a fee waiver request rather than always approving the full fee waiver. 3) This change in process will be promoted on the City's website and staff will notify previous requesters of fees waivers of this change. Staff will update any required policies or procedures to accommodate this change. Grant Request A review of the attached completed Fee Waiver Application from Women's Place of South Niagara shows that the request is for an amount of $6,954.64. This request would cover the costs associated with the floor charges at the Gale Centre. A review of the application depicts that the organization is a charitable group, which is in keeping with the intent of the policy. The Event Description details the following: Page 2 of 10 Page 159 of 605 The Book Riot event provides an opportunity for families of Niagara and surrounding areas to attend a free event where they can purchase affordable books, board games, cd's, dvd's and puzzles. All proceeds will be invested back into the community to help provide free services and shelter to support women and children affected by domestic abuse. This well-loved community event also provides many meaningful volunteer opportunities. The Book Riot is much more than a fundraiser for Women's Place. The event offers a great deal of value to the community by saving well over 100,000 books from going into the landfill, and offers many various volunteer opportunities. The Book Riot also provides an affordable literacy option for residents. While hard cover books in retail stores sell for approximately $30.00 or more, most books in our sale are only $3.00! All of these benefits have contributed to our community for over 40 years and the Book Riot has become an annual tradition for many. To maintain the free and confidential services, we must fundraise annually $550,000 each year. As one can imagine, proceeds from the Book Riot, has a big impact towards our overall goal. In 2022, the event raised over $95,000. Anyway that we can save or eliminate costs associated with the event, will directly benefit the women and children who use our services. Analysis Grant Request This single fee waiver request is just over 13% of the total fee waiver budget that Council has, so this is a significant portion of the total budget for the first request of the year. Council can also consider some alternatives to the recommendation for deferral by staff: 1) Council can approve the full amount of the request understanding that additional requests may not be satisfied this year. 2) Council can approve a portion of the request currently and then if there is budgetary room later in the year consider a refund of the portion paid by Women's Place. Financial Implications/Budget Impact If approved, the $6,954.64 fee waiver total would be withdrawn from the $51,000.00 allocated from the 2023 operating budget. Organization/ Event Fees Waived By Council (2023) 2023 Budget - Fee Waiver Requests $51,000.00 Page 3 of 10 Page 160 of 605 Total Approved for 2023 $0.00 Requests for Consideration: Women's Place of Niagara - 44th Annual Book Riot $6,954.64 Total if approved in this report: $6,954.64 List of Attachments Fee Waiver Application - 44th Annual Women's Place Book Riot Written by: Heather Ruzylo, Clerks & Council Services Coordinator Submitted by: Status: Bill Matson, City Clerk Approved - 22 Feb 2023 Jason Burgess, CAO Approved - 22 Feb 2023 Page 4 of 10 Page 161 of 605 Fee Waiver Application Form Nameof Event;44th AnnualWomen‘s Place Book Riot organization Name;Women's Place of South Niagarainc} Organization Address:3903 MCLe0dRoad i City:Niagara Falls Postal Code:L2H386 5 Contact Name:Amanda Braet Position;Directorof Development &Stewardship Phone Number (days):905~356~3933ext 240 Phone Number (evenings): Email:amanda@wpsn.ca Website:www.womensplacesn.org Type of Organization: :1 Not~tor—profit Incorporation#: 3 Charitable Organization Registration #:13113 5717 RR0001 Other (please specify):_ The City of Niagara Falls willwaive fees that wouldhave been charged by the City for eligible non-profitgroups or organizations that provide programs,services or events that are of a general benefitto the community.Fee Waiver Policy (700.22)is to ensure that the City's support of functions and events through the waiving of fees is facilitatedin a fair and equitable mannerand does not burden the City's annual operating budget. i l l Examples of Cityfees that can be waived include,but are not limitedto: ‘ -Park permit fees -a.Rental of City Property ‘ -Road Closure Fees 1-Staffing costs outside normal operations ‘ lllllNote:insurance fees willnot be waived.Page 1 of 4Page 5 of 10Page 162 of 605 Fee Waiver Application Form Niiigizt .3‘c\’.r‘:'A ‘A Applications can be submittedby email to:cleri<@niagarafalls.ca in person or by mail to:City Hall 4310 Queen Street A Niagara Falls,ON L2E 6X5 Clerks Department Hours:8:30am -4:30pm Amount of Request:_6?4L6/75ti»617'’ Fees to be Waived (i.e,facilityrental,parkpermit,etc.):‘Facility Rentalfor the Gale's Centre Dates and Times:June t ~12,2023 various times (include set up/sales days/clean up Purpose of Event:Fundraising event to support Women's Place of South Niagara Number of People Expected:4 000+AdmissionFee (if applicable):Flee ($10 for Presme “l“)—*”‘"“ony Are you serving food?We sell Maple Leaf Fudge only Are you serving alcohol?N9 BookRiot event provides an opportunityforfamilles of Niagara and surrounding areas to attendsfree event where they can purchase affordablebooks.board games,ccl’s,dvd's and puzzles.Allproceeds will be invested back intothe communityto help provide free services and shelter to support women and childrenaffected by domestic abuse.This well loved communityevent also provides many meaningful vol =etIe‘titwilthavezon‘.-the:Cityandzits residen ~ volunteer opportunities.The Book Riot also provides and affordableliteracy options for residents.While hardcoverbooksinretailstoressellforapproximately$30.00 or more,most books in our sale are only$3.00!Allofthesebenefitshavecontributedtoourcommunityforover40yearsandtheBookRiothasbecomeanannualtraditionformany.Page 2 of 4Page 6 of 10Page 163 of 605 tEi E t Fee Waiver Application Form Niag?Is (2 ~:\I)A -...»-'03..:Wh.a.twillthe.'l‘inpact€.o‘._ntii€;fE.e5.'\‘/f.é>rfl_t.ia"'<;.=.:ifthéi'feieis.’.riot.'wa‘i\.ie’I A . To maintain the free and confidentialservices,we must fundralse annually $550,000 each year.As you can imagine,proceeds fromthe Book Riot,has a big impact towards our overallgoal.in 2022 the event raised over $95,000l Any way we can save or eliminatecosts associated withthe event,willdirectly bene?t the women and childrenwho use our services. l,I:».4.‘§-“Areyou.séeking1-fuhdln'9«fidm'.a'l1y~bth'ert'?éb'urbes?«3(Edndraisin'9;§?5.ilis',?‘sponsoiships)S":;«gr in the past,Women‘s Place has been fortunate to receive sponsorship money in the amount of $3,000 from Home instead Senior Care.This is the only sponsorship we receive beside the waiving of the rental fees as the City of Niagara Falls has done for three consecutive years ~THANKYOUl Wh,6li,..f$?T%‘iU.£t3IS‘.1~iNiIIV5 withEiisabllitié_"s)?~-." , One of the reasons why Women s Place values the venue of the Gale Centre is the fac that the building is highly accessible;with the ample parking,automaticdoors,ramps,great lightingetc.We have received great feedback from our supporters who attend the event,who thank us for the highly accessible venue.Also,we are able to space our rows of tables for the books farther apart whichallowsspace for wheelchairs,walker, strollers etc to move freely within. a‘inisleiceto'e'n§L'l'r‘e”that ye‘u'r;evén“i’i'eieicceesipl‘e'to all.reside'nt_s(re,side,nts I Please submit one copy of each of the following documents. llllandatogy Documents [X A detailed budget,showing revenues and expenditures or Documents relatingto City rentalpermit (if applicable): o Dates,times and locationof event o AllCityfees associated with the event [3 Confirmationletter from charity (if applicable): -For special events whereby a portionor all of the proceeds are being donated to charity,a con?rmationletter from that charity must accompany the application oé-'/ogr a?tqrcakf Far .iCompletedby:/65 /M $60/W1/J Signature:Page 3 of 4fig}959’.6 4/ APage 7 of 10Page 164 of 605 Niagl an .L'-A NA )9 I\ -_~.-..:-;v'—-..:.-t -I -- H ‘at .._-, On behalfof,and withthe authorityof,the above-mentionedorganization,we certifythat the informationgiven in this applicationfor waivingof City fees is true,correctand complete in every respect. Signature of Senior Staff Person Amanda Braet,Directorof Development Dec 14.2022 Name and Title Date /[7.4;,7»—a..M.—--Anthony Reitboeck,weenBoard President D92’“ti202; Signature of Board Chairmepresentative Name and Title Date Personalinformation,as defined in the Municipal Freedom of information and Protection of Privacy Act (MFIPPA),is collectedunder the authority of the Municipal Act,2001,as amended,and in accordance with MFIPPA.Personal informationcollectedon this applicationform willbe used to assist in granting fee waivers and willbe made availableto the members of City Counciland staff and used for administrativepurposes. informationcollected may be subject to disclosure in accordance withthe provisionsof MFIPPA.The City reserves the rightto verifyall informationcontainedin submissions. Questions regarding the collection,use and disclosure of this personal informationmay be directed to the City Clerk,BillMatson,at bmatson@niagarafaiis.ca By completing this applicationform,you consent to the collectionand disclosureof your personal information, and to its use by the City of Niagara Falls,as describedabove.’ Page 4 of 4...___....___...._._...___..._.____..._._._._..__3._..._._.._._._._~-....._..,....._...._.._..._.—_~.——-—«—.----«Page 8 of 10Page 165 of 605 Permit 13 NIzIg::r:I]~'g_l];_‘ The Corporation of the City of PHONE:(905)356-7521 Permit # Niagara Falls 4310 Queen Street Niagara Falls,ON,CA L2E 6X5 Status Approved Date Jan 6,202312243 PM Customer Name Amanda Brae’:-1984 Work Phone Number (905)356—3933x24O Customer Type General Public Home Phone Number (905)835-7835 Malllng Address 8903 McLeod Road Cell Phone Number (905)835-7835 Niagara F3"5»ON L2“355 Emall Address amanda@wpsn.ca System User bpowell Rental Fee $6,154.50 HST (Passed On)$80014 Discounts $0.00 Subtotal $6,954.64 Deposits $0.00 Deposit Discounts $0.00 Total Permit Fee $6,954.64 Total Payment $0.00 Refunds $0.00 Balance $6,954.64 w0men‘s P[ace Niagara ..Book 1 resource(s)11booking(s)Subtotal:$6,154.50 Booking Summary ,GaleCentreRlnk#1(Yo7 ' i v_ 7.- ,‘g y 7' ;‘C/er,Iter’:Ga|e'(_§entre' _‘ ,__ START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX Jun 2,2023 10:00 AM Jun 2,2023 6:00 PM 1 .559.50 Arena Floor Rental (hourly)$79.03 /Hour x 8 $559.50 Jun 3,2023 10:00 AM Jun 3,2023 6:00 PM 1 559.50 Arena Floor Rental (hourly)$79.03 /Hour x 8 559.50 Jun 4,202310:00 AM Jun 4,2023 6:00 PM 1 559.50 Arena Floor Rental (hourly)$79.03 /Hour x 8 55950 Jun 5,202310:00 AM Jun 5,2023 6:00 PM 1 559.50 Arena Floor Rental (hourly)$79.03 /Hour X 8 55950 7 Arena Floor Rental (hourly)$79.03 /Hour x 8 559.50Jun7,2023 10:00 AM Jun 7,2023 6:00 PM 1 $559.50ArenaFloorRental(hourly)$79.03 I Hour x 8 559.50Jun8,2023 10:00 AM Jun 8,2023 6:00 PM 1 $559.50ArenaFloorRental(hourly)$79.03 /Hour x 8 559.50Jun9,2023 10:00 AM Jun 9,2023 6:00 PM 1 $559.50ArenaFloorRental(hourly)$79.03 /Hour X 8 .559.50#R2925 Status Approved Page 1of2Page 9 of 10Page 166 of 605 Jun 10,202310200 AM Arena Floor Rental (hourly)$79.03/Hour x 8 Jun 11,2023 10:00 AM Arena Floor Rental (hourly)$7903 /Hour x 8 Jun 12,202310100 AM Arena Floor Rental (hourly)$79.03 /Hour x 8 Payment Schedules Jun 10,2023 6:00 PM $55950 Jun 11,2023 6:00 PM $55950 .mn1z2023600PM $559.50 $559.50 $559.50 $559.50 Original Balance:$6,954.64 Current Balance:$6,954.64 DUE DATE AMOUNT DUE AMOUNT PAID WlTHDRAWALADJUSTMENT BALANCE Jan 6,2023 $1,698.93 $0.00 $0.00 $1,698.93 Jun 3,2023 $5,255.71 $0.00 $0.00 $5,255.71 X:X: Date:Date: The Corporation of the City of Niagara Falls Amanda Braet Mailing Address:4310 Queen Street,Niagara Falls,ON L2E 6X5 Phone Number:(905)3567521 #R2925 Status Approved Customer ID:1984 Work Phone Number:(905)356—3933x240 Home Phone Number:(905)835-7835 Cell Phone Number:(905)8357835 Email Address:amanda@wpsn.ca Page 2 of 2Page 10 of 10Page 167 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-08 Saturday, February 25, 2023 7.1 CLK-2023-02 Fee Waiver Application - 44th Annual Women's Place Book Riot Council, After the discussions you had on the library issues at the budget meeting, your not going to provide relief for the rental fees to the Woman's Place Book Riot charity? Seriously now what is staff thinking. It is recommended to approve the Fee Waiver. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 168 of 605 COMM-2023-02 Report Report to: Mayor and Council Date: February 28, 2023 Title: 2023-2027 Strategic Plan Recommendation(s) 1. Council adopt the three preliminary 2023-2027 Strategic Plan Pillars of Sustainability (Financial, Social, and Environmental), Customer Service 2.0, and Economic Diversity and Growth, that will form the basis of the Strategic Plan. 2. Council direct staff to initiate a Strategic Plan planning session for Council and staff, as well as public consultation. Executive Summary The purpose of this report is to provide Council with a proposed process and timelines for development of the 2023-2027 Strategic Plan, scheduled to be completed in spring 2023, and for Council to approve the Strategic Pillars for the term. This strategic planning process provides Council with opportunity to work together to confirm their priorities for the 2022-2026 term, enabling staff to develop an implementation plan to deliver on those important issues/areas. Background For each 4-year term of Council, the City of Niagara Falls sets a new strategic plan with key goals and initiatives that will move the community forward. The Strategic Plan is adopted by Niagara Falls City Council and provides direction to City Staff about areas of focus as the organization works toward achieving its vision. The current Strategic Plan was approved by Council in 2019. In August 2022, Staff presented a document to Council that provided a final update on 2019 -2022 Strategic Priorities and identified initiatives that should continue into the next Council term. The new strategic planning process commenced with the November 18, 2022, Educational Session with the 2022-2026 Council, where the proposed Strategic Pillars were introduced by staff: • Sustainability (Financial, Social, and Environmental) • Customer Service 2.0 Page 1 of 5 Page 169 of 605 • Economic Diversity and Growth Staff had previously undertaken a review of election campaign material, other public input as well as an internal and external environmental scan of key issues and challenges facing the city. The proposed Strategic Pillars are described in more detail in the attachment to this report, and if adopted by Council, will form the foundation for this Council’s term. Public engagement will take place from March 3rd to 24th, 2023 on the City’s Let’s Talk engagement platform to ensure that the areas of focus defined by the pillars reflect the needs and expectations of the community. Staff are recommending that a strategic planning session be conducted in April to provide members of Council the opportunity to engage in meaningful discussion, guided by the Strategic Pillars and the results of the public engagement, to form a consensus on priorities/high-level direction for the Council term. Staff are recommending that members of the Senior Management Team attend the strategic planning session to answer questions and provide clarification/support. Once Council has established the strategic direction, staff will develop an implementation plan for subsequent Council approval. The suggested strategic planning schedule is as follows: • Council Educational Session – November 18, 2022, included: o Division/Department Overviews; and o Candidate Platforms (Council members' experience of door-to-door campaigning during the recent election). • Strategic planning process report and confirmation of Strategic Pillars – February 28, 2023. • Public engagement - March 6-27, 2023. • Strategic planning session based on Strategic Pillars (Council and Senior Staff in attendance - open to the public) April 2023. • Staff prepare the implementation initiatives needed to address the approved Pillars. • Council approves final Strategic Plan with initiatives - April/May 2023. • Staff will develop on-going monitoring and updates to Council on the action plans and strategic plan accomplishments. Strategic/Departmental Alignment Preparation of the Strategic Planning document for the 2023-2027 Council term. Contributor(s) Shelley Darlington, General Manager of Corporate Services Page 2 of 5 Page 170 of 605 Jason Burgess, CAO List of Attachments Attachment 2023-COMMS-02_2023-2027 Strategic Plan Written by: Dale Morton, Director, Communications Submitted by: Status: Dale Morton, Director, Communications Approved - 21 Feb 2023 Jason Burgess, CAO Approved - 22 Feb 2023 Page 3 of 5 Page 171 of 605 Attachment re Council Report 2023-COMMS-02 – Pre 2023-2027 Strategic Plan Proposed 2023-2027 Strategic Pillars Strategic Pillar – Sustainability •Financial Sustainability Financial sustainability refers to the ability of the City of Niagara Falls to effectively manage its financial resources to meet its current and future obligations, without relying on external sources of funding, and without sacrificing its ability to deliver essential services to its residents. This involves having a balanced budget, having adequate reserves, and maintaining a stable and predictable revenue stream, as well as effectively managing debt. Financial sustainability is essential for ensuring the long-term viability and stability of the City and for maintaining the trust and confidence of residents and taxpayers. Simply put – the City’s goal is to deliver the right services, at the right time, at the right cost. •Environmental Sustainability Environmental sustainability refers to the practices and policies that the City of Niagara Falls implements to ensure the health and well-being of the environment for current and future generations. This involves implementing policies that reduce waste and pollution, conserve natural resources, and promote clean and renewable energy sources. It also means that City- owned and operated facilities and infrastructure is designed and maintained to support sustainable development and protect the environment. Environmental sustainability is vital for mitigating the impacts of climate change, preserving biodiversity, and improving the quality of life for residents in the community. •Social Sustainability Social sustainability refers to the policies and initiatives that the City of Niagara Falls implements to address the community’s social and economic issues, promoting residents' quality of life and well-being. The City of Niagara Falls works in partnership with the Niagara Region to ensure that all constituents have access to basic needs such as affordable housing, health and mental health care, education, and social services, ensuring that Niagara Falls is a livable, inclusive, and supportive community for all residents. Strategic Pillar – Customer Service 2.0 The City of Niagara Falls prides itself on fostering a culture that prioritizes customer service. The City will continue strategizing around the development of tools and Page 4 of 5 Page 172 of 605 modernizing processes required to make Customer Service efforts more effective and efficient, with attention to the following key elements: o Omni-Channel - Omni-channel customer service is a seamless, integrated, and consistent customer experience across all channels and touchpoints of the City of Niagara Falls’ communication with residents. This includes online, mobile, phone, in- person, and other interaction methods. The goal of omni-channel customer service aims to provide customers with a unified and cohesive experience, regardless of the channel they choose. o Proactive - The City of Niagara Falls takes the initiative to address the potential needs of residents before they have questions or issues. This involves anticipating the community’s needs and providing solutions or information before residents even ask for it. Proactive customer service aims to enhance a resident’s experience by reducing the need for reactive customer support. Examples of proactive customer service include support through website chatbots and providing transparent updates on projects and initiatives. o Customer Centric Experience -A customer-centric approach puts City of Niagara Falls residents at the center of all business decisions and actions. The goal is to create a positive experience by understanding and prioritizing the community's needs, wants, and preferences. This can be accomplished by regularly collecting and analyzing data, two-way communication, and training and education. o Continuous Improvement - Continuously improving customer service requires a commitment to listening and learning from residents and taking action based on that feedback. The City’s resident engagement platform ‘Let’s Talk Niagara Falls’ is an important tool in establishing a resident-first culture. Strategic Pillar – Economic Diversity and Growth Economic Diversification & Growth in the City of Niagara Falls emphasizes having a balanced and sustainable local economy, achieved by expanding and diversifying the types of industries and businesses operating within the community. This involves attracting new businesses, supporting existing industries, and spurring innovation and entrepreneurship. Economic Diversification & Growth also refers to investing in infrastructure, workforce development, and educational initiatives to create a favourable environment for economic growth. This results in increased financial stability and resilience, new jobs and an increased tax base. Page 5 of 5 Page 173 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-10 Saturday, February 25, 2023 7.2 COMM-2023-02 2023-2027 Strategic Plan Council, It is recommended to approve staffs recommendations. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 174 of 605 FIR-2023-01 Report Report to: Mayor and Council Date: February 28, 2023 Title: Fire Apparatus Acquisitions Recommendation(s) 1. That Council authorize single source procurement for purchase of a demonstrator Pumper apparatus to replace our current Pumper 5 as per our apparatus replacement schedule. This single source is being requested under Section 18(iv) of the Procurement By-Law (By-Law No.2021-04) 2. That Council authorize single source procurement for purchase of a demonstrator multi-use vehicle. This apparatus will be utilized for transporting necessary water rescue equipment (Emergency Response Vehicle), rope rescue equipment and trench rescue equipment. This single source is being requested under Section 18(x) of the Procurement By-Law (By-Law No.2021-04) Executive Summary The Fire Chief explored options to secure replacement of an aging fire truck as well as purchase of a multi-use vehicle for water, rope and trench rescue emergencies. Single sourcing this apparatus will provide value for money compared to possible tender results that could be anticipated due to current market. Presently, the availability of apparatus and small fleet pose significant delays averaging long lead times of 18 -24 months minimum for delivery. The use of the single source will deliver the units quicker. The emergency response vehicle is an additional or incremental addition to the Fire Fleet. Staff will look for additional methods or strategies to reduce total fleet costs and mitigate the impact of increasing the department's overall fleet complement. Staff realize that this is the second year in a row that a single source has been requested without a formal procurement process being undertaken. Staff will look to undertake a planned process in order to restart more disciplined procurement strategies. Background Pumper 5 replacement is an approved 2023 Capital Project of a new custom cab pumper for Volunteer Station #5 (Willoughby). The current Pumper 5 is a 2003 apparatus with a 20-year life cycle regulated by the Fire Underwriters Survey. Page 1 of 3 Page 175 of 605 Squad 1 is an approved 2022 Capital Project (F87-22) in which this multi-use vehicle would be instrumental in enhancing response capabilities for water, rope and trench rescues in order to improve current response times and continued high level of service to our community. At a recent meeting, the Fire Chief, CAO and procurement staff discussed the opportunity to single source procurement for both of the demonstrator apparatus available to the City of Niagara Falls Fire Department (NFFD). The Fire Chief has secured competitive pricing for a demonstrator unit to replace Pumper 5 and current market pricing for Squad 1 and expedited delivery of 6-8 weeks for both apparatus while at the same time meeting the needs of the NFFD. Analysis Over the past two years, 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 (18-24 months). The opportunity that the Fire Chief secured provides considerable savings over current market results in order to secure a pumper to replace Pumper 5. This deal will also expedite delivery of 6-8 weeks for both apparatuses as only minimal modifications are required. This opportunity provides the City of Niagara Falls with certainty, the replacement of its aging pumper and ensures that the City's insurance rating is maintained. Staff have been instructed to undertake the following actions: 1) Immediately start the procurement process for the next planned fleet projects. 2) Undertake a multi-department strategy planning session on fleet issues including Procurement, Finance, Fleet and Fire. 3) Have cross-departmental meetings with suppliers and other fire operators on other potential solutions. Operational Implications and Risk Analysis Staff do not anticipate any adverse operational implications resulting from the purchase of Pumper 5 and Squad 1. Given that the fleet replacement is for a vehicle nearly 20 years old, staff anticipates that the new pumper will have slightly less repair-related costs to maintain it in good working order. Most importantly, by replacing the pumper (20-year life span), it ensures that the City of Niagara Falls is able to adhere to the Apparatus Replacement Schedule and remain in compliance by maintaining the Fire Underwriters of Canada requirements. The addition of Squad 1 would be instrumental in enhancing response capabilities and efficiency due to its smaller size in comparison to our existing fleet. Due to access areas Page 2 of 3 Page 176 of 605 into the OPG canal and the Niagara gorge, this smaller response vehicle will permit the NFFD to maneuver closer to water’s edge and will allow the housing of necessary equipment ultimately ensuring a quicker response. Additionally, housing this equipment permanently on this vehicle versus placing the equipment into various utility vehicles, will minimize health and safety concerns for fire personnel. Financial Implications/Budget Impact During both the 2022 and 2023 capital budget processes, two projects were funded. The project to replace Pumper 5 has an approved budget of $900,000 (funded by debentures). Pumper 5 demonstrator apparatus is available to the City for $783,554 (inclusive of non-recoverable HST) resulting in the Pumper being under budget by $116, 446. This represents great value for taxpayers while at the same time offering a 6-8 week delivery. The project to purchase a new style multi-use vehicle (Squad 1) has an approved budget of $235,000 (Pre-2023 approved $160,000; 2023 approved $75,000 - given the supply chain shortages and skyrocketing prices). This is an additional expansion of the fleet. There is an ability to secure a vehicle for $239,136 (inclusive of non -recoverable HST). Staff recognize that this vehicle will be over budget by $4,136. Staff recommend that this small overage (less than 2%) be funded from reserves during the next p roject close-out report. Strategic/Departmental Alignment This procurement initiative best aligns with the City’s Strategic Priority of “Responsible and Transparent Financial Management.” Contributor(s) Dave Butyniec - Senior Manager of Procurement James Dowling - Senior Manager of Capital Accounting Written by: Jo Zambito, Fire Chief Submitted by: Status: Jo Zambito, Fire Chief Approved - 23 Feb 2023 Jason Burgess, CAO Approved - 23 Feb 2023 Page 3 of 3 Page 177 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-11 Saturday, February 25, 2023 7.3 FIR-2023-01 Fire Apparatus Acquisitions Council, The OPNFC is of the opinion that fire services receive their asks as of right unless evidence is provided to prove it is not required. No such evidence has been provided. Any services that risks their lives to help others deserves the proper tools to do so. If anyone in that room can demonstrate that they may never be in need of these services, speak now or forever remain silent. It is recommended to approve staffs recommendations. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the Page 178 of 605 legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 179 of 605 MW-2023-03 Report Report to: Mayor and Council Date: February 28, 2023 Title: Niagara, St. Catharines and Toronto (NS&T) Trail Feasibility Master Plan Recommendation(s) 1. That Council accept the recommendations of the Niagara, St. Catharines and Toronto (NS&T) Trail Feasibility Master Plan; and further, 2. That Staff be directed to refer the phased development of the NS&T Trail to future annual capital budgets for consideration; and further, 3. That applicable elements of the NS&T Trail Feasibility Master Plan be incorporated into related and adjacent Regional and City whenever possible, regardless of the proposed phase. Executive Summary The purpose of the NS&T Trail Feasibility Master Plan is to develop a strategy for a continuous 9.3km multi-use recreational trail. The study provides a high -level planning framework for trail design. The recommended route and key design aspects for the Trail have been developed in consultation with the general public as well as a number of key stakeholder groups. The implementation of the NS&T Trail will be phased over a 8+ year horizon. Background First established in 1895, the decommissioned Niagara, St. Catharines and Toronto (NS&T) railway corridor is a continuous east-west corridor that traverses the full width of Niagara Falls. In 1964 the City of Niagara Falls acquired approximately 29 acres of NS&T lands that stretched from Thorold Townline Road to CNR lands East of Portage Road. The balance of the NS&T corridor is in patchwork ownership by both private and public entities (including the City of Niagara Falls). The corridor crosses through numerous neighbourhoods within the City and is bisected by the QEW, OPG Power Canal, CNR Line, arterial and collector roads. The use and improvement of the NS&T corridor as part of a city -wide public trail system was identified in the 1997 City of Niagara Falls Trails and Bikeway Master Plan. The importance of the NS&T Trail was later reaffirmed by the 2011 City of Niagara Falls Sustainable Transportation Master Plan with sections of the trail being identified as priority off-road transportation facilities. Page 1 of 117 Page 180 of 605 The City owned sections of the NS&T corridor are generally unimproved grass parkland and natural areas with some sections having informal dirt trails. Some sections of publicly owned NS&T corridor are used by public utilities for their plant. Analysis Development of a 9.3km trail system utilizing the NS&T corridor is a complex task and will require significant capital investment. Determining the proper development strategy for the trail system will be important to achieving success. To advance a strategy, the NS&T Trail Feasibility Master Plan was undertaken with the assistance of IBI Group Inc. Objectives of the Master Plan included: • To maximize the potential for the idle NS&T rail corridor by developing an accessible multi-use trail that connects people to where they work, live and play. • To identify a trail alignment and route that improves neighbourhood connectivity, establishing a continuous network of public recreation and active transportation options and encourages health-supportive choices for local trips. • To solicit public and stakeholder feedback to ensure community buy-in and impart local influence on the trail. • To develop a feasible phasing and implementation plan that prioritizes trail implementation and identifies “quick win” opportunities. In addition, key principles of trail design were developed to guide the design process. These included; • Accessibility - The trail should be available for all residents and meet or exceed current AODA requirements • History - The trail emphasizes the unique history of the corridor and local heritage. • Placemaking - The trail should have a unique identity and be a destination. • Environment - The trail design should support a sustainable urban environment. • Safety & Comfort - Design elements should provide visual interest, support CPTED principles and improve the walking & cycling environment. • Connectivity - The trail shall introduce new and enhance existing connections throughout the corridor & adjacent neighbourhoods. • Good Neighbour - Listen and incorporate feedback from trail neighbours to provide respectful and sensitive design solutions. A community and stakeholder engagement campaign was actively conducted from June 30 to August 6, 2021 with information available continuously online to present date. Letters were sent to all neighbouring residents of the NS&T corridor along with site signage, and media advertising this project engagement opportunity. 1,400 recorded visits were made to our on-line engagement page. Of those people 284 users took part in a length engagement survey. Overall, comments were predominantly positive with the major of citizens supportive and excited for the trail to be developed. The following are conclusions gathered from the results of the survey and general engagement efforts: • The community indicated that they would mostly use the trail for walking, cycling and jogging. Page 2 of 117 Page 181 of 605 • Residents would like to see a variety of amenities along the trail, the preferred being site furnishings including seating, lighting and wayfinding signage as well as natural features such as trees, and vegetated areas. • Most participants would like to see the historical narrative reflected along the trail by means of historical markers of significant locations, interpretive graphic display boards and historical plaques. Some residents expressed concerns with the potential impact of trail use on their backyard privacy and neighbourhood parking issues. These matters can be addressed through future site design, plantings and promotion of existing parking opportunities. Through the detail design of trail sections, considerations will also be made for desired site furnishing, historic plaques/markers, wayfinding and other landscaping. With the aide of stakeholder engagement we found that maintaining the NS&T Trail alignment within the historic NS&T corridor is preferred. Unfortunately due to land ownership and numerous physical barriers, the trail alignment will need to deviate in areas to "in-boulevard" trail within some roadways including; Montrose Road, Thorold Stone Road, Dorchester Road and Portage Road. In the future if changes to land ownership and physical barriers occur, the "in-boulevard" trail sections should be relocated to the historic corridor. A proposed project phasing strategy has been developed with conside ration for context, coordination, resources and capital investment. The first phase is proposed for sections of trail between Kalar Road and Montrose Road (Segment 1B) as well as Meadowvale Avenue to Portage Road (Segment 1D). This first phase and subseq uent phases are outlined in on the NS&T Trail Proposed Phasing Implementation Strategy. The recommended trail segments should be coordinated and implemented with other City of Niagara Falls and Niagara Region infrastructure works. Operational Implications and Risk Analysis The establishment of new public trails will be maintained by City maintenance staff. Financial Implications/Budget Impact The NS&T Trail Feasibility Master Plan estimates that capital costs will phased over an extended horizon generally as follows; • Short Term (1-3 years) $2.585,000 • Medium Term (4-7 years) $8,200,000 • Long Term (8+ years) $1,550,000 In the City of Niagara Falls 2022 Capital Budget, $150,000 was allocated to the detailed design of the first phase of the NS&T Trail project. City staff expect to negotiate a Phase 1 detailed design program with the existing project consultant IBI Group. The potential award of work to IBI Group is anticipated to be within the limits of a staff award that may be executed by the CAO in accordance with the City of Niagara Falls Procurement Policy. Strategic/Departmental Alignment Page 3 of 117 Page 182 of 605 The content and recommendation included in this report aligns with Council’s adoption of the 2019-2022 Strategic Priorities to provide a Healthy, Safe & Livable Commu nity. List of Attachments Proposed NS&T Phasing Strategy NS&T Trail Feasibility Master Plan Leaflet NS&T Trail Feasibility Master Plan Written by: David Antonsen, Landscape Architect Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 22 Feb 2023 Jason Burgess, CAO Approved - 22 Feb 2023 Page 4 of 117 Page 183 of 605 NS&T Trail Proposed Phasing Implementation Strategy Trail Segment Approx. Length Trail Segment Description Proposed Implementation Phase 1A 1.05km Garner Road to Kalar Road Short Term 1-3 years 1B 1.05km Kalar Road to Montrose Road Short Term 1-3 years 1C 2.50km QEW Crossing - Montrose Road to Dorchester Road Medium Term 4-7 years 1D 1.55km Meadowvale Drive to Drummond Road Short Term 1-3 years 2A 1.25km Portage Road to Stanley Avenue Medium Term 4-7 years 2B 0.48km Thorold Stone Road – Phase 1 Extension Medium Term 4-7 years 2C 1.00km Thorold Stone Road – Phase 2 Extension Medium Term 4-7 years 3 1.00km Victoria Avenue to Downtown/Queen Street Medium Term 4-7 years 4 2.05km Garner Road to Thorold Townline Road Long Term 8+ years Figure 1 NS&T Trail Segment Map Page 5 of 117Page 184 of 605 The NS&T Trail pays homage to the history of the NS&T railway. The multi-use links downtown Niagara Falls with nearby communities, connects parks and open spaces, and enhances recreation, tourism and active transportation opportunities across the City. The purpose of this feasibility master plan is to develop a strategy for a continuous 9.3km multi-use recreational facility which will repurpose and occupy a portion of the decommissioned Niagara, St. Catharines & Toronto (NS&T) Rail Corridor. The study provides a high-level planning framework for redevelopment and construction and examines potential integration with the existing and planned community with the intention to insert a city-wide recreational trail. The recommended route for the Trail has been developed in consultation with the general public as well as a number of key stakeholder groups. EXECUTIVE SUMMARY1 Vision Project Objectives Objectives of the plan are: 1. To maximize the potential for the idle NS&T rail corridor by developing an accessible multi-use trail that connects people to where they work, live and play. 2. To identify a trail alignment and route that improves neighbourhood connectivity, establishing a continuous network of public recreation and active transportation options and encourages health-supportive choices for local trips. 3. To solicit public and stakeholder feedback to ensure community buy-in and impart local influence on the trail. 4. To develop a feasible phasing and implementation plan that prioritizes trail implementation and identifies “quick win” opportunities. 1 2 3 4 NS&T TRAIL FEASIBILITY MASTER PLAN Page 6 of 117Page 185 of 605 Thorold Stone Road - Niagara Region Niagara Region Complete Streets Design Manual Wayfinding & Branding – Regulatory, iconic, and educational signage. Site Furnishings – Seating, waste and recycling Barriers and Fencing Originating as an “interurban” electric line, the main lines of the NS&T once provided service to St. Catharines, Niagara Falls, Niagara-on-the-Lake, Port Dalhousie, Thorold, Welland and Port Colborne and was pieced together from several smaller lines. Many of the remnant lines and their vestiges remain visible throughout the City and provide the unique opportunity for a new and modern transportation network (Niagara, St. Catharines and Toronto Railway). History Planning & Policy Influences Trail Amenities Thorold Stone Road Extension Enviro. Assessment+ Roundabout Bridge Street Environmental Assessment Niagara Falls GO Station Secondary Plan The proposed NS&T Trail was shared with the public for an online engagement consultation from June 30th until August 6th 2021. COMMUNITY AND STAKEHOLDER ENGAGEMENT2 1,400 visitors to online engagement site Participants provided commentary on such things as desired activities, amenities, and materiality as well as their opinions surrounding the historical narrative of the trail. The results were informative and provided valuable feedback from the community. Overall, comments were predominantly positive with the major of citizens supportive and excited for the trail to be developed. The following are conclusions gathered from the results of the survey: ܺ The community indicated that they would mostly use the trail for walking, cycling and jogging ܺ In both rural and urban areas of the trail, people would prefer asphalt surfacing ܺ Residents would like to see a variety of amenities along the trail, the preferred being site furnishings including seating, lighting and wayfinding signage as well as natural features such as trees, and vegetated areas ܺ Most participants would like to see the historical narrative reflected along the trail by means of historical markers of significant locations, interpretive graphic display boards and historical plaques 1 2 3 4 Page 7 of 117Page 186 of 605 Considering the vision for the proposed NS&T Rail Trail, it is important the trail is planned, designed and delivered to reflect the following design principles: Design Principles Recommended Route Implementation Phasing While the historic NS&T railway corridor alignment is the preferred alignment for the trail, in some locations the routing may need to deviate to avoid major conflicts, be more readily implementable, and/or reduce costs. Given these considerations, the recommended route is a combined alignment of existing corridor and neighbouring connections. Surfacing ܺ Asphalt – Ideal; cost effective, quality, easy to maintain ܺ Granular – Relatively environmentally friendly, inexpensive; accessibility and maintenance challenges ܺ Concrete – High Quality, Long Lasting; Costly IMPLEMENTATION3 Accessibility History Placemaking Compatibility Environment Safety & Comfort Connectivity While the full implementation of the length of the trail is preferred, a phased approach provides: ܺ Realistic expectations for the feasibility of some of the major physical constraints; ܺ The potential time required to acquire the appropriate capital funding; ܺ The amount of coordination on projects and policy items that overlap and/or are adjacent; and, ܺ The prioritization of the various portions of the recommended trail route according to the existing conditions and required input. This master plan provides for a phased approach to the implementation of the NS&T Trail, which has been developed having consideration for context, coordination, resources, and capital investment; availability and source of funding will ultimately influence the establishment of implementation priorities.Page 8 of 117Page 187 of 605 Project segments have been grouped into three phases for implementation, which are outlined in detail in the master plan report. Their respective estimated timelines for implementation are as follows: 1. Short Term: 1 - 3 years 2. Medium Term: 4 - 7 years 3. Long Term: 8+ years NEXT STEPS4 This feasibility study marks the first of a series of steps in the process for implementing the NS&T trail. Subsequent steps will generally include pre- design and master plan refinement (such as further consultation, soliciting required studies, permitting, preliminary design development), followed by detailed design, tendering and construction implementation. This master plan provides the guiding vision and should be consulted as the trail becomes a reality. Page 9 of 117Page 188 of 605 NS&TRAIL Feasibility Master Plan Prepared for the City of Niagara Falls by IBI Group February 2023 Page 10 of 117Page 189 of 605 Table of Contents 1 EXECUTIVE SUMMARY ...........................................1 2 INTRODUCTION ......................................................4 2.1 Overview of the Master Plan ............................4 2.2 Vision ...............................................................4 2.3 Project Objectives ............................................5 3 CONTEXT ................................................................7 3.1 A Local and Regional Connector: Historical Context .............................................7 3.2 Policy Context ..................................................8 3.2.1 Planning and Policy Influences..............8 3.3 Spatial Context .................................................9 3.3.1 A Closer Look .......................................10 4 COMMUNITY AND STAKEHOLDER ENGAGEMENT ............................17 4.1 Overview ..........................................................17 4.2 What We Heard ................................................18 5 DESIGN PRINCIPLES AND GUIDELINES ..............23 5.1 Influences Shaping the Trail ..........................23 5.2 Design Principles............................................25 5.3 Design Guidelines ..........................................26 5.3.1 Typical Midblock Cross-sections .........26 5.3.2 Trail Crossings ......................................33 5.3.3 Trail Signage .........................................34Page 11 of 117Page 190 of 605 5.3.4 Accessibility .........................................35 5.3.5 Safety ....................................................35 5.3.6 Parking ..................................................36 5.4 Trail Amenities ...............................................37 6 IMPLEMENTATION ................................................45 6.1 Recommended Route .....................................45 6.2 Implementation Phasing .................................46 6.3 Project Sheets ................................................48 7 PLANNING LEVEL COSTS ....................................75 7.1 Trail Maintenance and Management ..............77 7.1.1 Asphalt vs. Granular Surfaces ............77 8 MASTER PLAN SUMMARY ...................................79 8.1 Next Steps ......................................................80 9 REFERENCES ........................................................81 9.1 Terminology .....................................................81 9.2 List of Key Stakeholders ................................84 Page 12 of 117Page 191 of 605 1 NS&T Trail Feasibility Master Plan 1 EXECUTIVE SUMMARY The purpose of this feasibility master plan is to develop a strategy for a continuous multi-use recreational facility which will repurpose and occupy a portion of the decommissioned Niagara, St. Catharines & Toronto (NS&T) Rail Corridor. The study provides a high-level planning framework for redevelopment and construction of this corridor. The study also examines potential integration with surrounding community to establish a city-wide recreationl trail. The recommended route for the trail has been developed in consultation with the general public as well as a number of key stakeholder groups. Over the course of the study, a preferred route was identified based on an iterative process consisting of site inventory and analysis, public and stakeholder consultation, research, and general feasibility assessment. The overarching intent is to utilize as much of the existing historic rail corridor alignment as possible for the recommended route, however, routing changes deviations have been identified for challenging site conditions and spatial constraints, which limit where site conditions present a major challenge to trail implementation along the rail corridor. The recommended route was also informed by applicable studies and policy to maximize integration potential and share resources where possible within the community. The primary facility type for the trail will be an off-road multi-use path, however the configuration and design are intended to be responsive to context, maintenance requirements, accessibility needs, and environmental constraints. There will also be separated, dedicated and/or shared cycling facilities along urban roads, where necessary.Page 13 of 117Page 192 of 605 2NS&T Trail Feasibility Master Plan The recommended trail route has been divided into four contiguous phases largely based on context and feasibility. Phases 1 and 2 are further subdivided and prioritized based on timing of other capital improvement projects, safety, feasibility and project costs. In addition to defining the route, this planning study identifies branding and wayfinding opportunities to help create a cohesive trail identity, and opportunities for amenities to be considered along the length of the route. These elements will help to define the NS&T Trail, provide access to users of all abilities, and make it an iconic destination. Once complete, the NS&T Trail will be a continuous and connected recreational route that will connect the City’s downtown core to its rural community and provide opportunities for future Regional connections. The facility will connect neighbourhoods on a City-wide scale, support alternative modes of transportation, and provide a unique recreational experience which highlights the rail corridor’s important history within the City of Niagara Falls.Page 14 of 117Page 193 of 605 Page 15 of 117Page 194 of 605 INTRODUCTION Page 16 of 117Page 195 of 605 3 NS & T Trail Feasibility Master Plan Image 1 - Aerial photo of QEW highwayPage 17 of 117Page 196 of 605 4NS&T Trail Feasibility Master Plan 2 INTRODUCTION 2.1 Overview of the Master Plan The purpose of this project is to develop a Feasibility Master Plan for a future City-wide trail that will link downtown Niagara Falls with nearby communities, connect parks and open spaces, and enhance recreation, tourism and active transportation opportunities across the City. The Feasibility Master Plan provides design and planning guidance for the phased implementation of the trail. With guidance from public and stakeholder inputs, the proposed plan for the Niagara, St. Catharines and Toronto Rail Trail (NS&T) will provide an all ages and abilities connection across the City. The plan considers user comfort and safety, minimizing impacts on existing infrastructure, enhancing connectivity, and paying homage to the historic NS&T Railway. 2.2 Vision The NS&T Trail will become an iconic active transportation & recreational facility that takes advantage of a historic City-wide railway corridor to enhance City-wide connectivity, multi-modal mobility, and recreation. The trail will include a mixture of facility types and provide safe and enjoyable recreational experiences for people of all ages and abilities. The NS&T Trail pays homage to the history of the rail corridor. The multi-use links downtown Niagara Falls with nearby communities, connect parks and open spaces, and enhance recreation, tourism and active transportation opportunities across the City. Image 1 - Aerial photo of QEW highwayPage 18 of 117Page 197 of 605 5 NS&T Trail Feasibility Master Plan 2.3 Project Objectives The following five objectives were identified at the outset of the study: To maximize the potential for the idle NS&T rail corridor by developing an accessible multi-use trail that connects people to where they work, live and play. 1 To identify a trail alignment and route that improves neighbourhood connectivity, establishing a continuous network of public recreation and active transportation options and encourages health-supportive choices for local trips. 2 To develop a branding strategy that embraces the history of the rail industry and its contributions to the development of the City, adding placemaking value and an enhanced sense of local pride. 4 To develop a feasible phasing and implementation plan that prioritizes trail implementation and identifies “quick win” opportunities. 5 To solicit public and stakeholder feedback to ensure community buy-in and impart local influence on the trail. 3 Page 19 of 117Page 198 of 605 6NS & T Trail Feasibility Master Plan Image 2 - Aerial photo of the Gale Centre Page 20 of 117Page 199 of 605 Page 21 of 117Page 200 of 605 CONTEXT Page 22 of 117Page 201 of 605 7 NS&T Trail Feasibility Master Plan 3 CONTEXT 3.1 A Local and Regional Connector: Historical Context The NS&T started as an “interurban” electric line, which refers to streetcar-like ‘light’ electric rail cars running primarily within (but also to-and-from) neighbouring cities and towns. Prior to electrification, the railway had its beginnings in the 1870s with horse-drawn streetcars. Changing ownership throughout the nineteenth and twentieth century, the main lines of the NS&T provided service to St. Catharines, Niagara Falls, Niagara-on-the-Lake, Port Dalhousie, Thorold, Welland and Port Colborne and were pieced together from several smaller lines. These included the St. Catharines Street Railway, the Victoria Lawn Line and the St. Catharines & Niagara Central Railway. The patchwork of rail lines was incorporated as the NS&T services in 1899. At its peak, the NS&T comprised roughly 120 kilometers of track and numerous yards, carrying passengers, mail, express baggage and freight. The railway’s popularity rose during World War II when bus service was reduced to ration fuel, however by the 1950’s, improved roadways and a new reliance on the automobile had critically reduced demand for the rail service. The railway slowly began to wind down and lines were gradually replaced with buses. In 1960, the NS&T fully merged into the Canadian National Railway CN. Many of the remnant lines and their vestiges remain visible throughout the City and provide the unique opportunity for a new and modern transportation network3. THE HISTORY OF THE CORRIDOR 3 (Niagara St Catharines and Toronto Railway. (n.d.). Canada-Rail. https://www.canada-rail.com/ontario/railways/NSCT.html 1“Niagara, St. Catharines & Toronto Railway" by Canadian National Railways is licensed under Public Domain 2“The Niagara, St. Catharines & Toronto Electric Railway car crossing Twelve Mile Creek in St. Catharines, behind McKinnon Industries” is licensed under Public DomainPage 23 of 117Page 202 of 605 8NS&T Trail Feasibility Master Plan 3.2 Policy Context 3.2.1 Planning and Policy Influences There are a number of policy documents and projects which will impact the project and which the master plan must have regard for, including but not limited to: 1. Niagara Region Complete Streets Design Manual An initiative addressing the design/re-design of all Regional Roads prioritizing active transportation as an essential component. There may be opportunities to partner with the Region where sections of the trail pass along Regional road corridors. 2. Thorold Stone Road (TSR) Extension Environmental Assessment and Roundabout The TSR extension will provide a key connection to the Queen Elizabeth Way (QEW), enhanced linkage to the City of Niagara Falls’ downtown area and Niagara River Parkway. There is an opportunity to take advantage of planned improvements for potential alternative trail routes. 3. Bridge Street Environmental Assessment (EA) The Bridge Street EA considers intersection enhancements and the inclusion of active transportation infrastructure, as well as streetscape and urban design improvements within the Regional GO Station Secondary plan area and the City’s downtown. There is potential to coordinate design concepts with the Rail Trail Master Plan. 4. Niagara Falls GO Station Secondary Plan, Niagara Region This Secondary Plan provides a vision and planning framework to advise transit-supportive development around the future GO station, located on Bridge Street at the existing VIA Rail station. The planning framework will be a key influence on the trail at the east terminus in the downtown area. 1 2 3 4 Thorold Stone Road - Niagara Region Page 24 of 117Page 203 of 605 9 NS&T Trail Feasibility Master Plan 3.3 Spatial Context THE PHYSICAL AND GEOGRAPHICAL CONTEXT OF THE FORMER NS&T RAILWAY CORRIDOR The project area comprises a 9.3km section of the historic NS&T Railway corridor footprint which extends east-to-west across the City of Niagara Falls, from Thorold Townline Road to Downtown Niagara Falls.. The railway corridor is ideal for a City-wide trail as it intersects with a variety of neighbourhood communities, existing park and trail networks, and key transportation routes. Throughout this project, the existing rail corridor will be prioritized, with the original footprint of the railway being an ideal alignment. Due to constraints listed herein, deviations from the existing route are required. This in turn increases the trail network’s variety of scenery, context, composition and conditions. Immersed within the City’s urban fabric, the corridor’s existing connections support what will be a quality, regional commuter trail. In many locations, the presence of natural vegetation within and along the corridor provides a natural buffer to adjacent residential developments and main through-ways. Overall, the corridor is well-situated for the creation of a high-profile, cross- City trail that will have widespread benefits for the extended community. CONNECTIVITY TO THE NIAGARA CIRCLE ROUTE AND GREAT LAKES WATERFRONT TRAIL SYSTEM – NIAGARA PARKS COMMISSION The historic NS&T rail line extended throughout the Niagara Region and well beyond the limits of the City. Holding the same potential, the rail trail has the opportunity to facilitate a wider contextual network. In particular, there is opportunity at the west terminus which could see connections to Thorold, Pelham, St. Catharines, Welland and beyond. Given the success of attracting cycling tourism to Niagara Region through major trail investment (i.e. Greate Niagara Circle Route), it is important that this trail is developed with a regional outlook.Page 25 of 117Page 204 of 605 10NS&T Trail Feasibility Master Plan 3.3.1 A closer look To examine the existing corridor in greater detail, four separate ‘segments’ have been defined based on existing municipal features. Each segment features unique characteristics and as such should be reviewed on a segment-by-segment basis. SEGMENT B SEGMENT C SEGMENT D SEGMENT A Page 26 of 117Page 205 of 605 11 NS&T Trail Feasibility Master Plan Exhibit 1 - Priority Segment A Recommended Route Historic NS&T Railway Corridor PRIORITY SEGMENTS SEGMENT A: THOROLD TOWNLINE ROAD TO GARNER ROAD The western limit of the proposed Rail Trail starts and finishes at Thorold Townline Road, which is also the City limit. Segment A extends eastward from this point roughly 2 kilometers to Garner Road, traversing agricultural lands. The naturalized state appears to have left the rail bed in questionable condition. Instances of creek crossings and low-lying areas may have compromised the railbed itself and are factors to consider when reinstating the trail. Segment A would be considered a low- priority section given its current potential and lack of existing connections. This however could change as the potential for future Regional trail connections exists and holds great potential for linking into Thorold and other communities nearby. The development of this section is dependent on future connections to Thorold and the greater region. SEGMENT A Page 27 of 117Page 206 of 605 12NS & T Trail Feasibility Master Plan SEGMENT B: GARNER ROAD TO MONTROSE ROAD Segment B begins at Garner Road and extends east towards Montrose Road. While the first half of this segment features much the same natural and agricultural land typopology from Segment A, including environmentally sensitive and NPCA- regulated lands, it quickly enters a suburban landscape at Kalar Road, which becomes more of the typical condition moving east. Special considerations for the historic corridor alignment within this segment include: ܺ Trail integration at the existing Regional Pump station at Kalar Road. This station driveway occupies lands within the rail corridor. ܺ The most significant and obvious barrier for the trail within the existing railway corridor is the QEW Highway. Existing land uses and spatial limitations, complexity, and cost, are critical reasons why this crossing may preclude a trail crossing at this location – or at least within the short term. ܺ A more feasible and likely alternative route is to travel north along Montrose Road, use the existing Thorold Stone Road overpass and return southward towards the trail via Dorchester Road. This would require significant coordination with multiple stakeholders. SEGMENT B Exhibit 2 - Priority Segment B PRIORITY SEGMENTS Recommended Route Historic NS&T Railway Corridor Page 28 of 117Page 207 of 605 13 NS&T Trail Feasibility Master Plan SEGMENT C: MONTROSE ROAD TO DRUMMOND ROAD Segment C is a central portion of the trail bounded by major infrastructure hurdles on either side: the QEW Highway and the Hydro Canal (and adjacent rail yard). Traversing residential neighbourhoods within the historic railway corridor for the majority of the segment, the rail trail can easily be envisioned connecting parks and streets within the manicured properties and lawn- covered railbed. The relative simplicity of this ‘backyard’ condition changes, however, once the corridor intersects with Drummond Road, and even more so further east at the rail lines adjacent the Oleo Energies lands. Mindful at all times of pedestrian safety, avoiding interaction with active rail lines should be prioritized. As a result, traveling north along Portage Road to Thorold Stone Road should be considered as likely and a logical alternative option for crossing over to the lands east of the Hydro Canal. SEGMENT C Exhibit 3 - Priority Segment C PRIORITY SEGMENTS Recommended Route Historic NS&T Railway Corridor Page 29 of 117Page 208 of 605 14NS&T Trail Feasibility Master Plan SEGMENT D: PORTAGE ROAD TO QUEEN STREET @ ERIE AVE (ROSBERG PARK) Segment D is the most unique of the four, primarily because it is the only segment where the historic NS&T rail alignment does not follow a linear trajectory. East of the Hydro Canal, the trail corridor continues for nearly 1 kilometer before veering south towards the intersection of Victoria Ave and Bridge Street. It then follows a serpentine form to Erie Ave and Queen Street. Segment D is also the most urban of the four trail segments as it enters the downtown area of Niagara Falls and crosses into office/commercial lands. Integration with the Region’s GO Station secondary plan is critical for this trail section. Continuing along Thorold Stone Road from the Hydro Canal bypass in Segment C, the trail would continue west around the Gale Center Arena via the existing multi-use path which was installed as part of the Region’s Phase 1 Thorold Stone Road Extension project, and south via the future planned Regional Road connection (Phase 2 Thorold Stone Extension) to the intersection of Victoria Ave and Bridge Street, where a future roundabout planned.SEGMENT D Exhibit 4 - Priority Segment D PRIORITY SEGMENTS Recommended Route Historic NS&T Railway Corridor Page 30 of 117Page 209 of 605 15 NS&T Trail Feasibility Master Plan While not a physical barrier, coordination with the GO Station Secondary Plan area plans might prove to be a valuable connection point and opportunity for the trail to integrate within existing planning initiatives. If this were the case, from the future roundabout at Victoria Ave and Bridge Street, the trail could utilize an on-street option along Bridge Street towards the trail terminus at Erie Ave and Queen street, rather than following the serpentine corridor of the historic line. 15NS&T TRail Feasibility Master PlanPage 31 of 117Page 210 of 605 16NS & T Trail Feasibility Master PlanPage 32 of 117Page 211 of 605 Page 33 of 117Page 212 of 605 COMMUNITY AND STAKEHOLDER ENGAGEMENT Page 34 of 117Page 213 of 605 17 NS&T Trail Feasibility Master Plan 4 COMMUNITY AND STAKEHOLDER ENGAGEMENT 4.1 Overview ܺ The NS&T Trail project was shared with the public for online engagement consultation from June 30th until August 6th, 2021. Advertisements were distributed in My City Niagara Falls Weekly News and postcards were circulated with links for people to participate. In addition, social media sites including Twitter and Facebook were also used to facilitate engagement and inform the community of the project. ܺ Several tools were used to solicit feedback online, including an interactive map which offered the ability to place a pin and provide comment to a specific location of the trail area, and a survey to gain written feedback. ܺ Participants provided commentary on desired activities, amenities, and materiality as well as their opinions surrounding the historical narrative of the trail. The results were informative and provided valuable feedback from the community. WEEKLY NEWS City of Niagara Falls, 4310 Queen St., Niagara Falls, L2E 6X5 905-356-7521 | niagarafalls.ca Bid Opportunities For all City of Niagara Falls Bid Opportunities, please visit niagarafalls.ca/bids City Council Meetings The next meeting will be held on August 10, 2021. niagarafalls.ca/council City of Niagara Falls Services Niagara Falls City Hall is now open to the public by-appointment only. Select City facilities and amenities will be gradually re-opening in accordance with provincial regulations. City staff remain available to assist and serve citizens online and over the phone, during regular business hours, holidays excluded. For details, please visit niagarafalls.ca/covid19 Check out the City of Niagara Falls new interactive Summer Activities Map to find all of the City’s basketball courts, trails, playgrounds, pools, splash pads, pickleball courts, dog parks and lots more! Available now at niagarafalls.ca/summer Niagara Falls Summer Activities Map We’re Hiring! For more information, and to apply, visit niagarafalls.ca/jobs Finance - Procurement Transportation Services Storekeeper Closing: July 28, 2021 Ontario moves into Step Three Part-time School Crossing Guard Closing: December 31, 2021 Freedom of Information, Records and Elections Officer Closing: July 23, 2021 Clerks Director Planning, Building & Development Closing: August 13, 2021 Planning, Building & Development With key public health indicators continuing to improve and the provincewide vaccination rate surpassing targets, Ontario has moved into Step Three of the Roadmap to Reopen. Learn more at ontario.ca/reopen The City of Niagara Falls is developing a plan for a city-wide trail that will link downtown Niagara Falls with nearby communities, connect parks and open spaces, and enhance recreation, tourism and active transportation across the City. Be sure to provide input by using the interactive map or taking the online survey. Details available at letstalk.niagarafalls.ca Let’s Talk Niagara Falls NS&T Rail Trail Feasibility Master Plan Procurement Assistant Closing: July 28, 2021 Page 35 of 117Page 214 of 605 18NS&T Trail Feasibility Master Plan 4.2 What We Heard ܺ A total of 1400 people visited the online engagement site in various respects: ʙ Engaged: Participants that contributed to the map, dropping a pin, providing a comment, etc. ʙ Informed: Participants that took the time to view more information on the page, including viewing a photo, downloading supporting documents, clicked on additional links, etc. ʙ Aware: Participants that visited the page without interacting without the material but gained awareness of the project. ܺ Overall, comments were predominantly positive with the majority of citizens supportive and excited for the trail to be developed. The following are conclusions gathered from the results of the survey: ʙ The community indicated that they would mostly use the trail for walking, cycling and jogging ʙ In both rural and urban areas of the trail, people would prefer asphalt surfaces ʙ Residents would like to see a variety of amenities along the trail, including site furnishings such as seating, lighting and wayfinding signage as well as natural features such as trees and vegetated areas. ʙ Most participants would like to see the historical narrative reflected along the trail by means of historical markers of significant locations, interpretive graphic display boards and historical plaques. NS&T RAIL TRAIL MASTER PLAN The proposed NS&T Rail Trail is a 9.3 km section of decommissioned railway running east-to-west across Niagara Falls. To have your say and learn more about the historical NS&T corridor, visit letstalk.niagarafalls.ca Feedback will be received until August 6, 2021. WE NEED YOUR INPUT ON A PROPOSED ADDITION TO THE CITY'S TRAIL NETWORK! We want to hear from you to ensure the proposed NS&T Rail Trail will provide an all ages and abilities connection across the City! letstalk.niagarafalls.ca NS&T RAIL TRAIL MASTER PLAN The proposed NS&T Rail Trail is a 9.3km section of decommissioned railway running east-to-west across Niagara Falls. To have your say and learn more about the historical NS&T corridor, visit letstalk.niagarafalls.ca Questions? Email: mwcomments@niagarafalls.ca Feedback will be received until August 6, 2021. WE NEED YOUR INPUT ON A PROPOSED ADDITION TO THE CITY'S TRAIL NETWORK! We want to hear from you to ensure the proposed trail will provide an all ages and abilities connection across the City, with consideration for user comfort and safety, minimizing impacts on existing infrastructure, maximizing existing connections, and providing homage to the historic NS&T Railway. USERS TOOK PART IN THE SURVEY. Page 36 of 117Page 215 of 605 19 NS&T Trail Feasibility Master Plan How would you use the NS&T Rail Trail? 0 10 20 30 40 50 60 70 80 Walking Jogging or Running Cycling In-line Skating On-Leash Dog Walking Other – Write In (Required) Value Percent Responses Walking 71.1%199 Jogging or Running 27.1%76 Cycling 53.9%151 In-Line Skating 11.4%32 On-Leash Dog Walking 27.5%77 Other - Write in (Required)19.3%54Page 37 of 117Page 216 of 605 20NS&T Trail Feasibility Master Plan What winter activities would you be interested in? 0 10 20 30 40 50 60 70 80 Walking Jogging or Running Cycling Cross- Country Skiing SnowshoeingOn-Leash Dog Walking Other – Write In (Required) Not Applicable Value Percent Responses Walking 69.4%193 Jogging or Running 18.7%52 Cycling 13.7%38 On-Leash Dog Walking 30.9%86 Cross-Country Skiing 18.7%52 Snowshoeing 16.5%46 Other - Write in (Required)6.5%18 Not Applicable 14.7%41Page 38 of 117Page 217 of 605 21 NS&T Trail Feasibility Master Plan If the NS&T rail corridor history is part of the trail project, how do you think it should be told? Identify the options that you feel are important. 0 10 20 30 40 50 60 70 80 Interpretive Graphic Display Boards Historical Markers of Signicant Locations Display of Historical Artifacts Historical Plaques Other – Write In (Required) Not Applicable Value Percent Responses Interpretive Graphic Display Boards 43.7%114 Historical Markers of Significant Locations 60.5%158 Display of Historical Artifacts 24.9%65 Historical Plaques 47.1%123 Other - Write in (Required)8.4%22 Not Applicable 14.9%39Page 39 of 117Page 218 of 605 22NS&T Trail Feasibility Master Plan Exhibit 5 - Recurring themes heard from online public and stakeholder engagement Page 40 of 117Page 219 of 605 Page 41 of 117Page 220 of 605 DESIGN PRINCIPLES AND GUIDELINES Page 42 of 117Page 221 of 605 23 NS&T Trail Feasibility Master Plan 5 DESIGN PRINCIPLES AND GUIDELINES 5.1 Influences Shaping the Trail OPPORTUNITIES Enhanced Mobility The proposed trail alignment will enhance mobility options for residents through the City of Niagara Falls, providing opportunities for walking, cycling, jogging and other forms of active transportation. A Destination The historic significance and geographical convenience of this section of the existing NS&T rail line presents the opportunity for the trail to become an iconic facility and a destination feature for the City of Niagara Falls. Regional Connections The historic NS&T rail line extended throughout the Niagara region and well beyond the limits of the City. In a similar fashion, the rail trail has potential to create a Regional trail connection. In particular, there is future opportunity at the west terminus which could see connections to Thorold, Pelham, St. Catharines, Welland and beyond. Natural & Environmental Benefits The proposed project presents the opportunity for added benefit beyond the function of the trail facility, such as opportunities for expanded environmental monitoring within the region, and the creation and support of wildlife habitat.Page 43 of 117Page 222 of 605 24NS&T Trail Feasibility Master Plan Major Physical Barriers Major physical barriers are those that pose a significant obstacle to utilizing the historic railway alignment and require identifying interim solutions. Such major physical barriers include the QEW Highway and Hydro Canal crossings. CONSTRAINTS Minor Physical Barriers Minor physical barriers may be less obvious, and require less drastic adaptation measures, yet still pose obstacles to the trail development. Examples include the conflict with the existing pump station at Kalar Road and the complex intersection of Drummond Road, Gallinger Street, and Portage Road. Land Ownership Land ownership will provide challenges on a site-by-site basis. While the majority of the land within the corridor is municipally owned, it is not exclusively, and therefore there will be instances throughout which will require coordination with Regional, Private, and general public stakeholders. Other Potential overarching constraints posed to the ultimate trail route include such things as current or planned development applications (e.g. the GO Station Secondary Plan area, etc.), environmentally sensitive areas, and challenging physical geography, particularly in the lands west of Garner Road.Page 44 of 117Page 223 of 605 25 NS&T Trail Feasibility Master Plan 5.2 Design Principles In line with the vision for the proposed NS&T Rail Trail as described in section 1.2, it is important the trail is planned, designed and delivered to reflect the following design principles: ܺ Accessibility: Through specific design elements and materials, the trail is designed to be accessible for residents of all ages and abilities, including meeting, and where possible, exceeding the AODA requirements for recreational trails. ܺ History: Through thoughtful references and design considerations, the trail emphasizes the unique history of the corridor and local heritage. ܺ Compatibility: Through context sensitivity in design practices, the trail reflects and enhances the neighbourhoods, open spaces and corridors it passes through. ܺ Placemaking: Utilize strategic design to provide the trail with its unique identity and make it a destination within the City. ܺ Environment: Encourage design that supports a sustainable urban environment using design that contributes to such things as canopy cover and stormwater management. ܺ Safety & Comfort: Coordinate design elements to provide visual interest, support Crime Prevention Through Environmental Design (CPTED) principles, and pedestrian amenity. Improve the desirability of walking and cycling. ܺ Connectivity: Introduce new and enhance existing connections throughout the corridor, including major surrounding corridors, nodes and neighbourhoods. ܺ Good Neighbour: Listen and incorporate feedback from trail neighbours to provide respectful and sensitive design solutions.Page 45 of 117Page 224 of 605 26NS&T Trail Feasibility Master Plan 5.3 Design Guidelines 5.3.1 Typical Midblock Cross-sections 1. Typical Midblock The default proposed operating condition for the NS&T Trail is illustrated in Exhibit 6. This configuration includes a shared multi-use path. Exhibit 6 - Typical MidblockPage 46 of 117Page 225 of 605 27 NS&T Trail Feasibility Master Plan Exhibit 7a - Alternate Midblock Constrained 2. Alternate Midblock - Constrained In environmentally sensitive areas, or areas requiring additional screening of adjacent land uses, an alternate cross- section may be considered which incorporates a narrower trail footprint with less overall impact, as illustrated in Exhibit 7a. Page 47 of 117Page 226 of 605 28NS&T Trail Feasibility Master Plan Exhibit 7b - Alternate Midblock Constrained 3. Alternate Midblock - Constrained (Cont.) Additionally, granular paving materials such as limestone screening, or similar, may be beneficial to minimize construction disturbance and increase storm water infiltration.Page 48 of 117Page 227 of 605 29 NS&T Trail Feasibility Master Plan 4. Alternate Midblock – High Demand In some cases, particularly as the trail approaches downtown Niagara Falls, there may be opportunities to develop separate paths for pedestrians and other faster trail users such as cyclists, rollerbladers and/or scooters. Where feasible, a high-capacity trail configuration such as the one shown in Exhibit 8 may be considered. This configuration provides separate pedestrian and cycling spaces. Exhibit 8 - Alternate Midblock, High DemandPage 49 of 117Page 228 of 605 30NS&T Trail Feasibility Master Plan 5. Mid Block – Along Roadway In some instances,the trail will need to travel along a road corridor. Therefore the trail will continue along roadways with appropriate edge zones and buffer areas. Exhibit 9 - Mid Block along RoadwayPage 50 of 117Page 229 of 605 31 NS&T Trail Feasibility Master Plan Exhibit 10a - Shared Roadway and Sidewalk 6. Mid Block – Along Roadway (Cont.) In some instances, alternate routes are required. Therefore the trail will continue along roadways where appropriate edge zones and buffer areas are necessary.Page 51 of 117Page 230 of 605 32NS&T Trail Feasibility Master Plan Exhibit 10b - Cycle Track and Sidewalk 7. Mid Block – Along Roadway (Cont.)Page 52 of 117Page 231 of 605 33 NS&T Trail Feasibility Master Plan 5.3.2 Trail Crossings Wherever trails cross roads, there are several principles of good intersection design that apply: ܺ Ensuring Visibility: The most critical element of promoting safe crossings is ensuring that trail users and crossing drivers or other road users can detect and perceive each other, with ample opportunity to avoid conflict. Depending on whether the trail crossing is a controlled or uncontrolled crossing will dictate the corresponding sight distance/sight triangle requirements. ܺ Communicating Priority: It must be clear to both trail users and conflicting traffic who has the right of way. This can be established through a combination of traffic control devices (such as stop, yield, and traffic signals) as well as through subtler physical changes in the operating environment such as textured pavements, and/or raised crossings and crosswalks. ܺ Minimizing Barriers: When asking trail users to negotiate crossings, it is important that they are focused on the task of negotiating the crossing, without introducing additional physical challenges for users. For this reason, the introduction of gates or bollards at trail crossing should generally be avoided, unless there is a noted concern with encroachment from motorized vehicles on the trail. Each trail crossing at a roadway requires a detailed review and evaluation with respect to traffic control warrants, proximity to current crossings and design prior to implementation. However, it is anticipated that most road crossings along the NS&T Trail will generally fall into one of two categories. In all cases, the first preference for a trail crossing is providing a formal traffic control device that assigns priority to the trail user. Where that is not feasible, uncontrolled crossings may be considered where they incorporate mitigating safety devices such as refuge islands or raised crossings.Page 53 of 117Page 232 of 605 34NS&T Trail Feasibility Master Plan Minor Street Crossing Minor streets crossings cross local or minor collector roadways with lower volumes and speeds. For trail crossings of two-lane roadways with low vehicular volumes and speeds, either a Type C or D pedestrian crossover (as prescribed by the Ontario Traffic Manual, OTM), or a raised trail crossing may be considered (assuming appropriate sightlines are available on the approach to the trail crossing). A site-specific warrant review should be completed for each site in keeping with OTM Book 15. Major Street Crossing A major roadway is one where vehicular movement is the primary function at speeds typically up to 60km/h. Accordingly, special facilities are desired for cyclists and trail users. Signalized, at-grade crossings should be considered with combined crossrides as the default approach at a mid-block crossing. For crossings with higher volumes of trail users and/or at locations with higher speeds and volumes of vehicular traffic, separates crossrides may be considered. A site-specific warrant review should be completed for each site in keeping with OTM Book 12 & 15. It is important the anticipated trail usage be factored into the warrant evaluation by considering usage patterns along similar trails in Niagara Falls. 5.3.3 Trail Signage REGULATORY AND WARNING SIGNS Regulatory signs should conform the standard layout and dimensions of the OTM requirements. Additional signage should maintain conformity in terms of scale appropriate to trail users. Page 54 of 117Page 233 of 605 35 NS&T Trail Feasibility Master Plan INFORMATION AND WAYFINDING SIGNS Interpretive signs, directional signs, distance markers, trailheads and other miscellaneous signs should be made clear and legible to be read at higher speeds, as necessary. 5.3.4 Accessibility Providing a high level of accessibility will be critical to achieve the goals of the trail. Best practices should be applied, and accessibility considerations should be held in equal priority as other design considerations. Such accessible design measures include limiting cross- slopes to 2% maximum and running-slopes to 5% maximum. From an accessibility perspective, the preferred surface for the trail is asphalt. Having accessible signage for trail users is also important. The minimum requirements for the trail should be defined by provincial standards and guidelines that represent best practices for safety and trail experience. It supports a safe and welcoming environment for those with sight loss and enhances the overall user experience for the trail. Accessibility should not be limited to the trail facility itself, but to the complete facility, which includes site amenities and signage. 5.3.5 Safety Having mindful consideration for trail user safety, including having regard for tenets of Crime Prevention Through Environmental Design (CPTED): natural surveillance, access control, territorial reinforcement and space management will be important to implement during future design development of the trail.Page 55 of 117Page 234 of 605 36NS&T Trail Feasibility Master Plan 5.3.6 Parking As a destination trail, it can be expected that some users will arrive via personal vehicle. Therefore, provisions for parking must be considered, especially at key trail head locations. Potential Parking Strategies: 1. Public parks/Current Existing Trail Accesses, eg. Millennium Trail Parking Lots 2. Municipal/Regional Parking Lots and Facilities, eg. Gale Centre Parking Lot, Future Go Station Parking Lots 3. On-Street Parking, eg. Parallel Parking Spots 4. Potential Proposed Parking, eg. In-Corridor parking west Side of Dorchester Road, In-Corridor Parking West Side of Kalar Road Page 56 of 117Page 235 of 605 37 NS&T Trail Feasibility Master Plan 5.4 Trail Amenities SIGNAGE Effective signage along the NS&T Trail will be important for welcoming trail users, communicating priorities, identifying Points of Interest (POI’s), controlling traffic, and aiding wayfinding and branding. The details of signage should be determined during future design phases, however there is a clear opportunity and public interest in developing clear and recognizable signage that incorporates the NS&T’s history. BRANDING Interpretive signs, directional signs, distance markers, trail heads and other wayfinding signs should be made clear and legible to be read at higher speeds, as necessary. Wayfinding can extend beyond signage and take the form of iconography, where branding can be incorporated into such things as site amenities and paving. As noted in section 3.0, public engagement highlighted the importance of incorporating the historic significance of the trail into the branding. In particular, strategic and informative markers, plaques, and interpretive graphic display boards should be explored as part of the trail branding. As part of the trail master planning, preliminary iconography has been developed. Two complementary logos were generated to provide a readily identifiable brand for the NS&T Trail with a subtle nod to the history of the rail line. The colours and form were selected to be highly visible and adaptive - able to be applied to a variety of signage and/or branding applications, including but not limited to: orientation and trailhead signage; trail identification and directional signage; interpretive and historic signage; and, general trail branding. Page 57 of 117Page 236 of 605 38NS&T Trail Feasibility Master Plan Regardless of the intended application, any proposed use of either icon should be developed in accordance with relevant regulatory/policy guides to ensure compatibility with standard formats, accessibility, and colour themes. REST AREAS & SITE FURNISHINGS As part of the complete trail facility, site amenities and furnishings should be included to support multi-activities, rest and accessibility. These should include such things as accessible benches and other forms of seating, spaced conveniently throughout (roughly 1 bench for ever 200m of trail), as well as waste and recycling receptacles. Consideration for dog walkers should also be considered by providing for dedicated dog was receptacles. BARRIERS AND FENCING Barriers and fencing are typically used along trails for safety, privacy, and access control. The exact location of which should be determined during the detailed design of the trail, and while these trail features are primarily functional, they provide an opportunity to be key features of design for the trail. Where possible, the trail should look to utilize more natural options such as planted buffers, however it will be up to the trail designers to provide the best possible option. For the NS&T, three types of barriers could be considered: 1. Motor-Vehicle protection and Access Control - While vehicular access to the corridor will generally be restricted, there may be instances where access is required for maintenance, servicing, or emergency vehicles, and so controlled access will be important. Where appropriate, controlled access should be facilitated using physical barriers such as bollards or swing gates (‘P’ Gates).Page 58 of 117Page 237 of 605 39 NS&T Trail Feasibility Master Plan 2. Property delineation – Physical barriers should be provided where appropriate to delineate physical boundaries between the trail and adjacent properties. While not all will require fencing, alternative markers could include unique planting or physical objects to denote transitions. 3. Privacy - Privacy in many parts of the suburban segments of the trail may require partitions for private homeowners, for example. Such considerations should be coordinated on a site-by-site basis. TRAIL CONSTRUCTION There are several factors that should influence the choice of materiality for the trail surface, including but not limited to context, accessibility, environmental impact, and cost and maintenance requirements. Material application for the trail is intended to balance accessibility, maintenance, and environmental sensitivity. The selection of paving material should be explored during detailed design phases, and might include: ܺ Asphalt – Commonly used for multi-use trails for its balance of cost and accessibility. Asphalt paving provides a quality, economical option which is easy to maintain. Drawbacks include a relatively short life-span, impermeability and environmental impact. ܺ Granular – A surface material which is highly economical and more environmentally friendly, granular surfacing such as limestone screenings can provide an effective surface for a variety of trail applications. This material does however pose several key limitations when compared to asphalt paving, including functionality (some activities, eg. rollerblading are hindered), maintenance requirements, susceptibility to weather, and accessibility. Where granular surfacing is an ideal choice for a multi-use path or trail is within areas requiring a more environmentally sensitive approach.Page 59 of 117Page 238 of 605 40NS&T Trail Feasibility Master Plan ܺ Concrete – Concrete paving is the most durable paving material and is often selected for its longevity, ease of maintenance and quality of surface, however it is far and away the costliest option. ʙ The preferred multi-use trail or cyclist-only surfaces is asphalt. Other hard, durable surfaces that conforms to accessibility standards may be considered. ʙ For pedestrian-only surfaces along a right of way, such as a sidewalk, concrete is the preferred surface. Granular surface material may be considered in specific situations, as along as accessibility standards can be maintained. ʙ Trail Width: The optimal width of the multi-use trail will be 3.0m, with no maximum, to allow for pedestrian and non-motorized vehicular circulation in both directions, and users of all abilities. Where necessary, due to site constraints, pedestrian-only trail widths will be a minimum of 2.1m. Separate routes are advised for other modes of transport. Warning signage must be placed to indicate changes in width or usage. ܺ Clearances ʙ Lateral Clearances Lateral clearance is preferred at 1.5m from the edge of the trail. Low vegetation (under 1.0m) may be allowed within the clearance but must otherwise remain unobstructed. The minimum clearance should be 0.6m, where site constraints require it. Warning signage or mitigations measures should be provided. Signage should be placed outside the preferred (or minimum) lateral clearance zone.Page 60 of 117Page 239 of 605 41 NS&T Trail Feasibility Master Plan Clearances may widen at the approach to rest stops to allow for leg room and movement within the rest stop areas without encroaching on the trail. Lateral clearances over 1.5m are not recommended, except for establishing sight lines at sharp turns. ʙ Vertical Clearances VEGETATION Vegetation within the lateral clearance should not exceed 1.0m in height. Where the lateral clearance has been reduced due to existing plant material, trees will be pruned up to 3.0m from the finished grade to maintain visibility. Shrubs and perennials of heights greater that 1.0m will need to be removed and replaced with appropriate plant material, less than 1.0m in height. ࠥ SIGNAGE The bottom edge of the sign panel should be no lower than 1.8m from the finished grade Page 61 of 117Page 240 of 605 42NS&T Trail Feasibility Master Plan PLANTING ALONG THE TRAIL The NS&T rail corridor displays a diverse variety of vegetation conditions. Within the more urban areas and particularly the residential neighbourhoods, the corridor features sod with large specimen trees on either side. In more naturalized locations, the corridor typically includes the gravel railbed with unmaintained grass cover, and larger shrubs and trees growing in on either side. However, there are exceptions to this where the corridor expands to larger open spaces or recedes within denser vegetation. Given the nature of the corridor, it can be expected that construction of the trail will require minimal intrusion into the planted buffers on either side. Existing landscape that does not need to be removed for construction should be evaluated on a property-by-property basis to determine potential impact and implications. As part of design development, it may be prudent to consult a certified arborist for formal vegetation assessments and to help inform the design phases. Where tree removals and clearing are required, the trail buffers should be replanted in a strategic manner to respond to local and regional conditions – considering such things as wildlife habitat, species assemblages (and saturation), and microclimate. Planting along the trail will should be kept simple and with emphasis on low maintenance and native selections. Trail planting strategies should be mindful of safety and accessibility of trail users and should have regard for Crime Prevention Through Environmental Design (CPTED) principles. For example, providing large shrubs and tall grasses as visual screens and environmental buffers between the trail and abutting residences should be used sparingly. The trail shall be opened to improve public visibility and provide added comfort. Accordingly, shrubs should typically be planted 1.5-2m or more from the trail edge, and trees 4.5-5m or more from the trail, where possible and depending on species.Page 62 of 117Page 241 of 605 43 NS & T Trail Feasibility Master Plan VEGETATIVE BUFFERS A planting design strategy should be developed during design development. Preference should be given to native trees that are suitable to the site conditions. Consideration should also be given to the contextual appropriateness and sensitivity of use with regards to natural buffer planting as visual and acoustic screening. Plantings of varying heights that provide seasonal colour and interest and are regionally appropriate are desirable and are provided in page 44. It would be advisable to consult with local forestry and regional conservation authorities in developing ideal planting strategies along the corridor.Page 63 of 117Page 242 of 605 44NS&T Trail Feasibility Master Plan URBAN RURAL ܺ Street Trees, Specimen Trees, Salt and Pollution Tolerant ʙ Tilia americana, Basswood ʙ Acer rubrum, Red Maple ʙ Quercus macrocarpa, Burr Oak ʙ Syringa reticulata ‘Ivory Silk’, Ivory Silk Lilac ʙ Amelanchier canadensis, Serviceberry ʙ Gymnocladus dioicus, Kentuckey Coffeetree ܺ Native Naturalized Species, Habitat Producing ʙ Prunus pensylvanica, Pin Cherry ʙ Populus tremuloides, Trembling Aspen ʙ Picea glauca, White Spruce ʙ Cercis Canadensis, Eastern Redbud ܺ Screening/Shielding, Low-Maintenance and Drought-Tolerant. ʙ Cornus alternifolia, Pagoda Dogwood ʙ Thuja occidentalis, White Cedar ʙ Taxus canadensis, Canadian Yew ܺ Native Naturalized Species, Habitat Producing ʙ Cornus alternifolia, Pagoda Dogwood ʙ Cornus sericea, Red-Twig Dogwood ʙ Rhus Typhina, Staghorn Sumac ʙ Sambucus Canadensis, Common Elderberry ʙ Hamamelis virginiana, Witch - Hazel ܺ Urban Fauna, Pollinator Species ʙ Rudbeckia hirta, Black-Eyed Susan ʙ Andropogon gerardii, Big Bluestem ʙ Symphyotrichum ericoides, White Heath Aster ʙ Panicum virgatum, Switchgrass ܺ Seedmixes ʙ Rural Ontario Roadside Seedmix ʙ Native Prairie Seedmix ʙ Pollinator Meadow Seedmix TREES SHRUBS GRASS Page 64 of 117Page 243 of 605 Page 65 of 117Page 244 of 605 IMPLEMENTATION Page 66 of 117Page 245 of 605 45 NS&T Trail Feasibility Master Plan 6 IMPLEMENTATION 6.1 Recommended Route While the historic NS&T railway corridor alignment is the preferred and ultimate condition for the trail, in some locations the routing may need to deviate from this base alignment to avoid major conflicts, be more readily implementable, and/or reduce costs. Given these considerations, the recommended route deviates from the ultimate condition in the following sections: ܺ Montrose Road > Thorold Stone Road > Dorchester Road > Meadowvale Drive. ܺ Drummond Road > Thorold Stone Road > Thorold Stone Road Extension (Future, Planned) ܺ Victoria Ave @ Bridge Street > Bridge Street. (Note: Park Street should be considered as a further alternative if Bridge Street is determined as not favourable). While the full implementation of the length of the trail is preferred, the identified phasing strategy has regard for: ܺ Realistic expectations for the feasibility of some of the major physical constraints; ܺ The potential time required to acquire the appropriate capital funding; ܺ The amount of coordination on projects and policy items that overlap and/or are adjacent; and, ܺ The prioritization of the various portions of the recommended trail route according to the existing conditions and required input. Page 67 of 117Page 246 of 605 46NS&T Trail Feasibility Master Plan After the Master Plan is adopted and enters the implementation phases, the City of Niagara Falls should likely begin further environmental review and closer construction assessments in accordance with the identified phases and trail segments. 6.2 Implementation Phasing This master plan provides for a phased approach to the implementation of the NS&T Trail, which has been developed having consideration for context, coordination, resources, and capital investment; availability and source of funding will ultimately influence the establishment of implementation priorities While the majority of the trail will require full construction, small portions are either partially complete (such as the existing multi-use pathway on the south side of Thorold Stone Road between Stanley Ave and the Gale Centre) or are planned within other active studies (such as the Regional Thorold Stone Road extension to Bridge Street, or the Regional GO station Secondary Plan), and require only coordination and continuity considerations such as wayfinding, branding, and site amenity consistency. Determination of the requirement for individual Environmental Assessments should be sought at the implementation stages of each section. With this in mind, this document section provides a breakdown of the recommended trail in terms of the existing infrastructure, and levels of effort, resources and high-level costs required to establish each indicated portion of the trail as a part of the extended Trail System.Page 68 of 117Page 247 of 605 47 NS&T Trail Feasibility Master Plan As noted in Chapter 2.3, project segments have been grouped into three phases for implementation: 1. Short Term: 1 – 3 years 2. Medium Term: 4 – 7 years 3. Long Term: 8+ years Of course, while the projected implementation phases occur over the next eight to ten years, opportunities to accelerate implementation and provide a fully connected trail prior to these dates should be explored as opportunities arise. Exhibit 11 - Overview Trail Segmented Map Page 69 of 117Page 248 of 605 48NS&T Trail Feasibility Master Plan 6.3 Project Sheets SEGMENT 1A: GARNER ROAD TO KALAR ROAD Overview Corridor Limits: Garner Road to Kalar Road Length: 1.05 KM Segment Description: Perhaps the most naturalized segment of the entire corridor, this segment is entirely within rural agricultural lands, which happen to feature a significant wooded area which encompasses the corridor. While the historic railbed remains identifiable, much of this segment of corridor is overgrown with naturalized vegetation. Potential Parking Location Trailheads Page 70 of 117Page 249 of 605 49 NS&T Trail Feasibility Master Plan A minor watercourse (Shiner’s Creek) bisects the trail and holds ecologic interest for the local conservation authority (NPCA), and should be considered in the potential development of the trail. Nearing the eastern limit of this segment at Kalar Road, the beginnings of suburban development begin to appear. Points of Interest: Shriner’s Creek Design Considerations Trail Classification: Standard Mid-block Trail Surface Type: Limestone Screening (Granular) Topography: Generally flat Trail Design Notes: This will be the western terminus of Phase 1 trail works, meaning the trail will begin/end at Garner Road. Trailhead markers and vehicular barriers should be implemented at this location. Given the rural and natural context for this trail segment, it may be appropriate to provide a more sensitive trail surface, such as limestone or other granular screening. At minimum, consultation with the NPCA should be performed during the design development of this segment to address the Shriner’s Creek area appropriately. This segment should transition into Segment 1B at Kalar Road via a controlled pedestrian crossing. Midblock Road Crossings: ܺ Kalar Road: Some form of controlled pedestrian crossover (likely Level 2 Type B or C) is anticipated at this location (subject to site review and warranting). Crossing will also support access to nearby transit stop (east side). Distance to nearest controlled crossing is >200m, so no concerns with proximity to nearby traffic control devices. Trailheads, Parking & Amenities: ܺ Potential trailhead at Garner Road. ܺ Temporary parking along shoulders along Garner Road (except immediately adjacent trail crossing). Explore opportunity to acquire land for small off-road parking lot. ܺ Segment trail surface material might preclude regular maintenance, so potentially avoid bench seating and waste storage.Page 71 of 117Page 250 of 605 50NS&T Trail Feasibility Master Plan Implementation Proposed Phasing: Phase 1 (Short term: 1 – 3 years) Permitting & Key Stakeholders: ܺ Municipal: Garner Road and Kalar Road are considered local roads. ܺ Regional: The Kalar Pump Station directly east of Kalar Road is a Regional facility. Any potential road crossing should be coordinated with the appropriate Regional sectors. ܺ Niagara Peninsula Conservation Authority: The low-lying Shriner’s creek and surrounding area are of interest to the NPCA and work within this area may require a permit; at minimum consultation should be sought. ܺ Utilities/Engineering (various): Coordination with the existing overhead utilities will likely be required at Kalar Road. Property Ownership: Trail routing expected to run on municipal property (no property acquisition anticipated)Page 72 of 117Page 251 of 605 51 NS&T Trail Feasibility Master Plan SEGMENT 1B: KALAR ROAD TO MONTROSE ROAD Overview Corridor Limits: Kalar Road to Montrose Road Length: 1.05 KM Segment Description: This segment of the corridor is a stark contrast from segment 1A in terms of context; the rural conditions west of Kalar Road transition into suburban residential subdivisions for this roughly 1km stretch. The segment is relatively flat with only sparse trees flanking open space on either side of the corridor right-of-way. An initial coordination item will be with the existing Kalar Road Pump Station – a Regional Facility – which currently uses the corridor for its vehicular driveway. Potential Parking Location Trailheads Page 73 of 117Page 252 of 605 52NS&T Trail Feasibility Master Plan In addition, four local roads bisect the corridor between the full segment length (Alpine Drive, Paddock Trail Drive, Fieldstone Ave, Kevin Drive), requiring crossing considerations. Overhead utilities run most of the segment distance, and may require coordination for trail alignment, proper clearances, and maintenance. Given the more urban context, this segment of trail should consider a more durable surface of asphalt paving. Points of Interest: Kalar Road Regional Pump Station Design Considerations Trail Classification: Standard Mid-block Trail Surface Type: Asphalt (preferred type), Granular (acceptable as an interim type to reduce costs) Topography: Generally flat Trail Design Notes: Due to the number of road crossings this segment of trail may feel segmented. A suitable transition, including signage, should be positioned at Kalar Road to address the change in facility conditions from the more rural nature of Phase 1A. Given the surface material, maintenance of the trail will be more manageable, and so trail amenities including accessible seating and waste receptacles should be considered at roughly 200m intervals. Adequate vehicular barriers at crossings and signage should be implemented. Midblock Road Crossings: Some form of controlled pedestrian crossover is anticipated (subject to site review and warranting) at: ܺ Alpine Drive, Paddock Trail Drive, Fieldstone Ave & Kevin Drive: Each residential road crossing will need to be reviewed against warrants. However, it is likely that these crossing will be lower order PXOs (i.e. Level 2 Type D or C) or uncontrolled crossings (i.e. raised median refuge or raised crossings). ܺ Montrose Road & Dumont Street: Assuming a future west side multi-use path along Montrose, a trail crossing near Dumont Street will be needed. Given traffic volumes along Montrose, it is anticipated that a higher order PXO (i.e. Level 2 Type B) or signal are most appropriate (subject to site review and warranting). Given the proximity to the Chorozy Street intersection (~150m), it may be preferred to bring the trail crossing to that location.Page 74 of 117Page 253 of 605 53 NS&T Trail Feasibility Master Plan Trailheads, Parking & Amenities: ܺ Explore potential shared parking agreement at Montrose Road/Dumont Street private lots. ܺ Accessible bench seating and waste receptacles every 200m. Consider separate receptacles for dog waste. Implementation Proposed Phasing: Phase 1 (Short term: 1 – 3 years) Permitting & Key Stakeholders: ܺ Municipal: All road interfaces are with local roads. ܺ Regional: The Kalar Pump Station directly east of Kalar Road is a Regional facility. Any potential road crossing should be coordinated with the appropriate Regional sectors. Montrose Road is considered a Regional Road. ܺ Utilities/Engineering (various): Coordination with the existing overhead utilities will likely be required. Property Ownership: Trail routing expected to run on municipal property (no property acquisition anticipated)Page 75 of 117Page 254 of 605 54NS&T Trail Feasibility Master Plan SEGMENT 1C: QEW CROSSING Overview Corridor Limits: Montrose Road to Dorchester Road Length: 2.5 KM Segment Description: This segment of trail passes through urban limits through the Queensway Garden neighbourhood. The most notable feature through this segment of the trail is the presence of the QEW. The freeway acts a major barrier to active transportation through the area. Although carrying the trail along the rail routing and providing an overpass or underpass of the QEW is the preferred ultimate trail routing, there are many barriers to implementation. Potential Parking Location Trailheads Page 76 of 117Page 255 of 605 55 NS&T Trail Feasibility Master Plan As a result, the recommended alignment for the interim is to detour up Montrose and Dorchester to make use of the existing Thorold Stone Road (TSR) interchange crossing. This requires providing multi-use path facilities along Montrose Road, Thorold Stone Road and Dorchester Road. Extending the trail west from Dorchester Road to Meadowvale Drive is an easy way to include more of the community and provide the connection to and from Meadowvale Park. Points of Interest: ܺ QEW ܺ Meadowvale Park Design Considerations Trail Classification: Mid-block – Along Roadway Trail Surface Type: Asphalt Topography: Generally flat Trail Design Notes: ܺ Montrose Road: East side multi-use path preferred along Montrose Road to address existing sidewalk gap between Dumont & Chorozy and to avoid major hydro poles on west side. There are noted property challenges from commercial properties north of Chorozy which may require lane narrowing in addition to boulevard reconstruction to provide a multi-use path ܺ Thorold Stone Road: South side multi-use path preferred to avoid double crossing of TSR at Montrose & Dorchester by replacing the existing sidewalk with a multi-use path. Careful review of design options across the QEW bridge will require coordination with MTO. ܺ Dorchester Road: Multi-use path may not be preferred given land use context (numerous driveways along frontage on both sides); Consider an alternative cross-section with cycle track and sidewalk between TSR and and Segment 1D along Dorchester Road ܺ Meadowvale Drive: extension should be treated as a typical mid-block connection, and due to a number of road crossings, should include the appropriate signage and vehicular barriers. Given the existing conditions, neighbourhood context, and presence of the park, the construction and maintenance of this segment should be standard.Page 77 of 117Page 256 of 605 56NS&T Trail Feasibility Master Plan Through this segment, the multi-use path will pass through several signalized intersections requiring appropriate upgrades including modified curb ramps, crossrides and appropriate signage/pavement markings: ܺ Montrose Road & Chorozy Street ܺ Montrose Road & Thorold Stone Road ܺ Thorold Stone Road & West QEW Ramps ܺ Thorold Stone Road & East QEW Ramps ܺ Thorold Stone Road & Dorchester Road Midblock Road Crossings: ܺ Montrose Road & Dumont Street: Assuming a future west side multi-use path along Montrose, a trail crossing near Dumont Street will be needed. Given traffic volumes along Montrose, it is anticipated that a higher order PXO (i.e. PXO Level II Type B) or signal are most appropriate (subject to site review and warranting). Given the proximity to the Chorozy Street intersection (~150m), it may be preferred to bring the trail crossing to that location. ܺ Dorchester Road & Trail Alignment: Some form of pedestrian crossover is anticipated to provide a crossing at this location (subject to site review and warranting). Proximity to Freeman Street signalized crossing (~100m) likely precludes a signalized crossing. ܺ Briarwood Ave, Mitchell Ave: Each residential road crossing will need to be reviewed against warrants. However it is likely that these crossings will be lower order PXOs (i.e. Level 2 Type D or C) or uncontrolled crossings (i.e. raised median refuge or raised crossings). Trailheads, Parking & Amenities: ܺ The urbanized nature of this trail segment and the freeway crossing likely prohibit opportunities to provide a trailhead or parking area other than considering a trailhead along Montrose Road near Segment 1B ܺ Wayfinding signage will be critical along this segment to guide users through the on-road connection to tie back to the trail alignment along the rail corridor Page 78 of 117Page 257 of 605 57 NS&T Trail Feasibility Master Plan Implementation Proposed Phasing: Phase 1 (Medium Term: 4 – 7 years) Permitting & Key Stakeholders: ܺ Niagara Region: Close coordination with Niagara Region will be required as both Montrose Road & Thorold Stone Road are regional corridors. ܺ Ministry of Transportation of Ontario: Close coordination with MTO will be required for all works near the Thorold Stone Road interchange Property Ownership: Trail routing expected to run on public right-of-way (no property acquisition anticipated)Page 79 of 117Page 258 of 605 58NS&T Trail Feasibility Master Plan SEGMENT 1D: STAMFORD CENTRE CONNECTOR Overview Potential Parking Location Trailheads overhead utilities which run the full length of the proposed trail alignment. along either side. In its current state, the segment is primarily used for features an open lawn with heavily treed edges as well as private fencing ‘backyards’ of the many neighbouring residences. The segment currently segment is relatively flat and gives the impression of being within the relatively simplistic segment compared to others within the corridor, this residential subdivisions through the Stamford Centre neighbourhood. A Segment Description: This segment of trail passes through urban Length: 1.55 KM Corridor Limits: Meadowvale Drive to Drummond Road Page 80 of 117Page 259 of 605 59 NS&T Trail Feasibility Master Plan Points of Interest: ܺ Lind Sommerville Park Design Considerations Trail Classification: Mid-block – Along Roadway Trail Surface Type: Asphalt (preferred type), Granular (acceptable as an interim type to reduce costs) Topography: Generally flat Trail Design Notes: Through this segment, the multi-use path will start and end with signalized intersections requiring appropriate upgrades including modified curb ramps, cross-rides and appropriate signage/pavement markings. Simpler pedestrian crossings could be considered for the interaction with Pettit Street Midblock Road Crossings: ܺ Dorchester Road & Trail Alignment: Some form of pedestrian crossover is anticipated to provide a crossing at this location (subject to site review and warranting). Proximity to Freeman Street signalized crossing (~100m) likely precludes a signalized crossing. ܺ Pettit Ave: Some form of pedestrian crossover is anticipated to provide a crossing at this location (subject to site review and warranting). Due to the roadway geometry, it is envisioned that the trail will need to be modified on the approach to Pettit to create a more perpendicular crossing. ܺ Drummond Road (Inclusive of Gallinger Street and Portage Road): This crossing requires further study. Opportunities to revise the design of the Gallinger/Drummond and Gallinger/Portage intersections to eliminate the free-flow right turn channels should be investigated alongside trail crossing improvements. A review of the future (currently under construction) roadworks should be conducted to determine feasibility and configuration. Trailheads, Parking & Amenities: ܺ Potential trailhead at both east and west segment terminus. ܺ Consider reconfiguration of Lind Sommerville Park to include small off street parking lot.Page 81 of 117Page 260 of 605 60NS&T Trail Feasibility Master Plan ܺ Consider shared parking agreement with commercial properties at Drummond/Portage/Gallinger Street. ܺ Accessible bench seating and waste receptacles every 200m. Consider separate receptacles for dog waste. ܺ Enhanced seating area at Lind Sommerville Park. Implementation Proposed Phasing: Phase 1 (Short term: 1 – 3 years) Permitting & Key Stakeholders: ܺ Municipal: Drummond Road is considered a local road. ܺ Utilities (various): Coordination with the existing overhead utilities will likely be required. Potential relocation of hydro poles to accommodate trail alignment. Property Ownership: Trail routing expected to run on municipal property (no property acquisition anticipated)Page 82 of 117Page 261 of 605 61 NS&T Trail Feasibility Master Plan SEGMENT 2A: PORTAGE CONNECTOR Overview Corridor Limits: Portage Road to Stanley Avenue (west side) Length: 1.25km Segment Description: This segment of the proposed trail routing follows several existing road corridors: Portage Road (Segment 1D to Virginia), Virginia Street (Portage to Carroll), Carroll Avenue (Virginia to Thorold Stone) and Thorold Stone Road (Carroll to Stanley). Facility types for the trail will vary depending on the roadway characteristics, including shared roadways, multi-use path and cycle tracks. Potential Parking Location Trailheads Page 83 of 117Page 262 of 605 62NS&T Trail Feasibility Master Plan Points of Interest: ܺ Millenium Recreational Trail trailhead and parking area (Stanley & Thorold Stone Road) Design Considerations Trail Classification: Mid-block – Along Roadway (Portage, Thorold Stone); Shared Roadway (Virginia, Carroll) Trail Surface Type: Asphalt Topography: Generally flat Trail Design Notes: Along Portage Road, the preferred ultimate configuration is multi-use path on the east side. As an interim improvement, improved paved shoulders may be considered given the rural cross-section of the corridor. Along Virginia Street & Carroll Avenue, a shared use cycling facility is likely appropriate given low speeds and volumes along these roadway segments. Directional sharrows and signage should be used to guide trail users through these residential connectors. Along Thorold Stone Road, a multi-use path on the south side should replace or supplement the existing sidewalk, to maximize connectivity with the Millenium Recreational Trail and NS&T Segment 2B. Tree impacts are likely along this segment. Through this segment, the multi-use path will pass through several signalized intersections requiring appropriate upgrades including modified curb ramps, crossrides and appropriate signage/pavement markings: ܺ Thorold Stone Road & Stanley Avenue (west) – crossrides and upgrades on the south side ܺ Thorold Stone Road & Stanley Avenue (east) – crossrides and upgrades on the south side Midblock Road Crossings: Portage Road & Gallinger Street: Some form of pedestrian crossover or signalized midblock pedestrian signal is anticipated to provide a crossing at this location (subject to site review and warranting). Trailheads, Parking & Amenities: ܺ Existing Millenium Trail trailhead & parking area can serve the NS&T route as wellPage 84 of 117Page 263 of 605 63 NS&T Trail Feasibility Master Plan ܺ Potential trailhead /small parking area on the east side of Portage (between 4238 & 4256 Portage) ܺ Wayfinding critical through pavement markings & signage to guide trail users through the on- road connections Implementation Proposed Phasing: Phase 2 (Medium term: 4 – 7 years) Permitting & Key Stakeholders: Niagara Region: Close coordination with Niagara Region will be required as Thorold Stone Road is a regional corridor. Millennium Trail: Coordination with trail committee regarding trailhead and wayfinding integration Utilities (various): Hydro poles along the south side of Thorold Stone Road may be impacted by the multi-use path. Property Ownership: Trail routing expected to run along municipal/regional rights-of-way (no property acquisition anticipated)Page 85 of 117Page 264 of 605 64NS&T Trail Feasibility Master Plan SEGMENT 2B: THOROLD STONE ROAD Overview The identified Phase 2B trail section has already been physically constructed. The asphalt multipurpose trail was constructed during the initial phase of the Phase 1 Thorold Stone Road Extension, temporarily ending north of the Gale centre parking lot. Corridor Limits: Portage Road to Stanley Avenue (west side) Length: 480m Segment Description: This segment of trail is located within the existing Thorold Stone Road right-of-way and uses the existing multi-use path along the south side of the corridor. Potential Parking Location Trailheads Page 86 of 117Page 265 of 605 65 NS&T Trail Feasibility Master Plan Points of Interest: ܺ Palmer Park ܺ Gale Centre Arena Design Considerations Trail Classification: Mid-block – Along Roadway Trail Surface Type: Asphalt (existing) Topography: Generally flat Trail Design Notes: Through this segment, the multi-use path is existing along the south side of the corridor. Only signage, pavement marking and intersection improvements are required. Midblock Road Crossings: N/A Trailheads, Parking & Amenities: ܺ Potential trailhead at both east segment terminus, to be considered with the design of the Thorold Stone Road extension. Implementation Proposed Phasing: Phase 2 (Medium term: 4 – 7 years) Permitting & Key Stakeholders: ܺ Niagara Region: Close coordination with Niagara Region will be required as Thorold Stone Road is a regional corridor. Property Ownership: Trail routing expected to run on municipal property (no property acquisition anticipated)Page 87 of 117Page 266 of 605 66NS&T Trail Feasibility Master Plan SEGMENT 2C: THOROLD STONE ROAD EXTENSION Overview Corridor Limits: Thorold Stone Road (end) to Victoria Avenue/Bridge Street Length: ~1.0 km Segment Description: The trail through this segment follows the proposed alignment of the Phase 2 Thorold Stone Road extension. A multi -use path will run along the south side of the road extension, currently under design by the Region. Potential Parking Location Trailheads Page 88 of 117Page 267 of 605 67 NS&T Trail Feasibility Master Plan Points of Interest: ܺ Palmer Park / Fourth Avenue Trail Connection Design Considerations Trail Classification: Mid-block – Along Roadway Trail Surface Type: Asphalt Topography: Generally flat Trail Design Notes: Through this segment, the trail alignment will follow the Thorold Stone Road extension on the south side of the new road. Pavement markings & signage will be important to convey that this trail is the continuation of the NS&T Trail route. Midblock Road Crossings: N/A – no midblock road crossings anticipated Trailheads, Parking & Amenities: ܺ Potential trailhead at both east and west segment terminus. Implementation Proposed Phasing: Phase 2 (Medium term: 4 – 7 years) Permitting & Key Stakeholders: ܺ Niagara Region: Close coordination with Niagara Region will be required as Thorold Stone Road is a regional corridor. Property Ownership: Trail routing expected to run on municipal property (no property acquisition anticipated)Page 89 of 117Page 268 of 605 68NS&T Trail Feasibility Master Plan SEGMENT 3: DOWNTOWN CONNECTOR Overview The identified Phase 3 is subject to active external projects, including Regional works and the Bridge Street EA. It is anticipated that construction of Bridge Street may happen as early as within the next 2 to 3 years. Corridor Limits: Victoria Avenue/Bridge Street to Downtown Park (Erie Avenue/Queen Street) Length: ~1kmPotential Parking Location Trailheads Page 90 of 117Page 269 of 605 69 NS&T Trail Feasibility Master Plan Segment Description: This section of trail follows Bridge Street / Erie Street to connect the Thorold Road Extension to the Rosberg Family Park / Olympic Torch Trail. This routing is selected over the historical rail alignment to provide access to major destinations including the GO Train station and Bus Terminal. This routing avoids the introduction of new midblock crossings. (Note: Park Street should be considered as a further alternative if Bridge Street is determined as not favourable). Points of Interest: ܺ Niagara Falls GO/ViaTrain Station ܺ Niagara Falls Bus Terminal ܺ Niagara Falls City Hall ܺ Niagara Municipal Parking Lot 19 ܺ Downtown Park ܺ Rosberg Family Park / Olympic Torch Trail Design Considerations Trail Classification: Mid-block – Along Roadway Trail Surface Type: Asphalt Topography: Generally flat Trail Design Notes: Multi-use path to be added along one side of Bridge Street. The north side is preferred due to a lower frequency of driveways, however special mitigation may be required along the frontage of 4533-4629 due to frontage parking. Reduction of lane widths/road narrowing may be required to accommodate the multi-use path within the existing right-of-way. Alternatively, consider one-way cycle tracks and sidewalk configuration. As noted previously, Park Street should be considered as a further alternative if Bridge Street is determined as not favourable. Along Erie Avenue, a preferred ultimate configuration is multi-use path on one side. However, an interim treatment may be buffered/protected bike lanes and sidewalks to connect to Queen Street/Erie Avenue.Page 91 of 117Page 270 of 605 70NS&T Trail Feasibility Master Plan Through this segment, the multi-use path will pass through the several signalized intersections requiring appropriate upgrades including modified curb ramps, cross-rides and appropriate signage/pavement markings: ܺ Park Street & Erie Avenue ܺ Queen Street & Erie Avenue Midblock Road Crossings: ܺ Bridge Street & Erie Avenue: Potential intersection pedestrian signal (preferred) or pedestrian crossover to support north-south crossing from Bridge Street to Erie Avenue Trailheads, Parking & Amenities: ܺ Potential trailhead at both east and west segment terminus (existing trailhead at the Downtown Park) Implementation Proposed Phasing: Phase 3 (Medium term depending on Regional and Bridge Street EA works: 4-7 years.) Permitting & Key Stakeholders: ܺ Niagara Region: Close coordination with Niagara Region will be required as Bridge Street is a regional corridor. ܺ Metrolinx: Coordination with Niagara GO Secondary Planning Process (Bridge Street is south limit of secondary plan area) Property Ownership: Trail routing expected to run on municipal property (no property acquisition anticipated)Page 92 of 117Page 271 of 605 71 NS&T Trail Feasibility Master Plan SEGMENT 4: WESTERN LIMITS Overview Corridor Limits: Thorold Townline Road to Garner Road Length: 2.05 KM Segment Description: The most remote segment of the trail, stretching to the City’s western limit, this segment stretches through rural agricultural land over relatively flat topography. Beechwood Road bisects this segment at roughly the halfway mark. In similar fashion as with segment 1A, the context of this segment has seen vegetation encroach within the corridor space to mask the historic rail bed. Potential Parking Location Trailheads Page 93 of 117Page 272 of 605 72NS&T Trail Feasibility Master Plan Points of Interest: ܺ Thorold Townline Road as Western City Limits Design Considerations Trail Classification: Standard Mid-block Trail Surface Type: Limestone Screening (Granular) Topography: Generally flat Trail Design Notes: Consideration for the integrity of the subgrade should be considered because of the current conditions. This will eventually become the western terminus of the final trail works (Phase 4), meaning the trail will begin/ end at Thorold Townline Road. At such time, any trailhead marker instituted at the Garner Road location from Phase 1A, should be relocated here. Vehicular barriers should be implemented at this location. Given the rural and natural context, it may be appropriate to provide a more sensitive trail surface, such as limestone or other granular screening. No significant ecological feature has been identified within this segment, however, at minimum, consultation with the NPCA should be performed during the design development stages of this segment and it is expected that environmental studies would be required within applicable areas. This segment should transition into Segment 1A at Garner Road via a controlled pedestrian crossing. Midblock Road Crossings: Thorold Townline Road: Some form of pedestrian crossover is anticipated to provide a crossing at this location to access the trail from the parking area (subject to site review and warranting). Beechwood Road: High speeds preclude the provision of pedestrian crossings. Review warrants for intersection pedestrian signal, or at a minimum, provide illumination of trail crossing (uncontrolled). Garner Road: Some form of pedestrian crossover is anticipated to provide a crossing at this location (subject to site review and warranting). Trailheads, Parking & Amenities: ܺ Eventual trailhead at Thorold Townline Road Page 94 of 117Page 273 of 605 73 NS&T Trail Feasibility Master Plan ܺ Explore opportunity to acquire land for small off-road parking lot. ܺ Segment trail surface material might preclude regular maintenance, so potentially avoid bench seating and waste storage. Implementation Proposed Phasing: Phase 4 (Long term: 8+ years) Permitting & Key Stakeholders: ܺ Municipal: Drummond Road is considered a local road. ܺ Regional: Thorold Townline Road is considered a Regional Road. ܺ Niagara Peninsula Conservation Authority: The surrounding area may be of interest to the NPCA and work within this area may require a permit, or environmental impact studies; at minimum consultation should be sought. ܺ Utilities/Engineering (various): Coordination with the existing utilities may be required. Property Ownership: Trail routing expected to run on municipal property (no property acquisition anticipated). Coordination with single detached residence at Garner Road may be required.Page 95 of 117Page 274 of 605 74NS&T Trail Feasibility Master PlanPage 96 of 117Page 275 of 605 Page 97 of 117Page 276 of 605 PLANNING LEVEL COSTS Page 98 of 117Page 277 of 605 75 NS&T Trail Feasibility Master Plan 7 PLANNING LEVEL COSTS Planning-level opinions of cost were prepared for the recommended route, as described for each individual implementation phase in Sections 6.3. These costs (expressed in 2022 Canadian-dollars) are preliminary only and are likely to change as the trail development progresses into the implementation phases. For the purposes of the Master Plan, the opinions of probable cost are primarily intended to assist with initial budget forecasting and consideration for funding opportunities. They are inclusive of construction, design, permitting, engineering, and project administration costs and carry typical assumptions for inflation given the duration of the phasing time lines. During the subsequent design and implementation phases of the trail, changes will likely occur which will have cost implications. To combat increases in costs due to site specific conditions and more detailed analysis, opportunities should be sought to reduce cost by design refinement. Note: Non-construction costs are provided as a typical factor of 25 percent of construction costs and include such things as design development through construction documentation, permitting, construction engineering, and project administration. Some of the major limitations of planning-level cost estimating include: ܺ Existing Conditions: The assessment of existing conditions within the recommended route was based on aerial information, property data gathering and basic site inventory, covering surface conditions only rather than utilizing detailed survey, geotechnical, or existing utility information. The railbed conditions will be a key factor in the cost of the trail and therefore baseline existing conditions could dramatically change the cost. Page 99 of 117Page 278 of 605 76NS&T Trail Feasibility Master Plan ܺ Sensitive areas: Regulated areas, streams, wildlife habitat and their associated buffers were identified and identified at a high-level only rather than using formal methods of assessment. The extent and character of these features should be more completely evaluated in the design phase, and could have significant impact on the trail plans and associated costs for considerations including revised alignment, materiality (or use of special structures such as a raised boardwalk or wildlife culvert), among others. These factors would have financial and potentially scheduling implications. ܺ High-level design: The recommended route, as well as the proposed trail types and applications are completed at a preliminary design level only and assume ideal conditions. Finer level estimates for both hard and soft costs including utility coordination, temporary facilities, vegetation management, traffic control are conservative and will likely change significantly. For this reason, the design contingency is presented to account for any unforeseen costs during design and implementation. In a general sense, the opinions of probably costs reflect unit pricing and base-line standards for typical trails as designed herein. ܺ Contextual Integration: These planning level costs do not include contextual integration items such as greater regional trail connections, or unique design considerations which follow other planned areas such as the portion within the Regional GO Station Secondary Plan area. Moreover, property and/or land acquisition costs are not included and should be considered on a phase by phase basis; however, at this time no acquisitions are expected to be required. ܺ Recommended Route vs. Alternatives: The cost estimate covers the recommended route as identified in section 6.3. It does not consider potential future costs associated with modifying or reconfiguring the route or trail configurations if required to accommodate such things as planned infrastructure or development changes. Page 100 of 117Page 279 of 605 77 NS&T Trail Feasibility Master Plan The potential costs for the Preferred Alternative have been presented in high level form on a phase-by-phase basis below. 7.1 Trail Maintenance and Management It is the intent that the City will provide operational maintenance for the trail, including vegetation and general property management, winter maintenance, and waste management. These uses include but are not limited to, landscaping, fencing, and trail access. Where applicable, the City will also be responsible for reviewing and deciding on requests for special use permits, for example requests from the general public or entities to use public property for private purposes. 7.1.1 Asphalt vs. granular surfaces In situations where there are shared interests in parts of the trail, such as road crossings, shared parking, or regional or private ownership interaction, a coordinated approach should be sought.Page 101 of 117Page 280 of 605 78NS&T Trail Feasibility Master Plan The following cost summaries provide a high level budgetary estimate according to the implementation planning outlined in this document, and is inclusive of both design and construction fees (also includes permitting and administration): ܺ Short Term (1-3 years): $2,585,000 ܺ Medium Term (4-7 years): $8,200,000 ܺ Long Term (8+ years): $1,550,000 Page 102 of 117Page 281 of 605 Page 103 of 117Page 282 of 605 MASTER PLAN SUMMARY Page 104 of 117Page 283 of 605 79 NS&T Trail Feasibility Master Plan 8 MASTER PLAN SUMMARY This feasibility Master Plan provides a framework for the intended trail implementation, determined through a high-level planning design process. It provides the foundation for the recommended development of a 9.3km recreational link across the City of Niagara Falls. The trail serves to repurpose an underutilized asset within the City to create a connected, accessible, safe and sustainable recreational opportunity for City’s residents and visitors while offering future connective opportunities within the greater Niagara Region. Once complete, the trail will enhance the aged rail corridor to promote connectivity, activity, conservation, and tourism. To develop this Feasibility Master Plan, various data gathering exercises were completed including field and site reviews, background research including policy and plan reviews, public and stakeholder engagement, and project mapping. An iterative study process was undertaken with key stakeholders to identify a recommended route as informed by feasibility considerations, environmental impacts and other active and planned initiatives within the City and greater Region. Through the development of this Feasibility Master Plan, each project phase was reviewed individually assess such things as existing conditions and appropriate trail configuration, pedestrian crossings, amenities, stakeholders, branding, etc. An implementation strategy was developed and discussed, including a high-level opinion of probably costs. Page 105 of 117Page 284 of 605 80NS&T Trail Feasibility Master Plan 8.1 Next Steps This feasibility study should mark the first of a series of steps in the process for implementing the NS&T trail. Subsequent steps will generally include pre-design and master plan refinement (such as further consultation, soliciting required studies, permitting, preliminary design development), followed by detailed design, tendering and construction implementation. This master plan provides the guiding vision and should be consulted as the trail becomes a reality. To realize the implementation of the trail, the following non-exhaustive list of steps are advised: ܺ Coordination with stakeholder agencies for planned and forecasted initiatives, including active and planned road reconstruction projects within the forecasted implementation periods. ܺ Yearly budgeting, planning and implementation review on a phase- by-phase basis; ܺ Active coordination with stakeholders during design development, to facilitate optimal relationships and trail integration. ܺ Further develop wayfinding and branding strategies to provide a unique trail identity and wayfinding strategy. ܺ Further studies in key locations where environmental concerns are prevalent, infrastructure (existing or potential) is a concern, where existing conditions may suggest the railbed has been compromised, where pedestrian crossings are required, or where other studies and permits have been identified in the project sheets; and ܺ General and periodic review of the Feasibility Master Plan (recommended every 2-4 years) to evaluate, plan and coordinate future phases and budgeting. Page 106 of 117Page 285 of 605 Page 107 of 117Page 286 of 605 REFERENCE Page 108 of 117Page 287 of 605 81 NS&T Trail Feasibility Master Plan 9 REFERENCES 9.1 Terminology ܺ Active Transportation: Active Transportation describes all human- powered forms of travel, such as walking, cycling, in-line skating, skateboarding, skiing, canoeing, and more. ܺ Circulation: The movement patterns of people and vehicles through a community. ܺ Controlled Crossing: A form of pedestrian crossing that gives priority to pedestrians or cycles crossing a road. ܺ Crime Prevention Through Environmental Design: A strategy that uses design to eliminate or reduce criminal behaviour ܺ Crossrides: A crossride is a pavement marked area at a vehicular intersection. It is used for cyclists to be able to legally ride their bicycle through an intersection without dismounting. ܺ Street Cross-Section: A street cross-section is a diagram showing street details including building frontage, street edge, footpaths, verges, curbs, services, below ground infrastructure and road space. ܺ Edge Condition/Zone: A transition area or interface of a public space with its adjacent land uses, and structures ܺ Node: Is a central hub, connecting areas in a neighbourhood or city. It is characterized by having high levels of activity and circulation with a mix of uses including residential, commercial and institutional buildings.Page 109 of 117Page 288 of 605 82NS&T Trail Feasibility Master Plan ܺ Micro-Climate: Any climatic condition in a relatively small area, that is influenced by temperature, humidity, wind and turbulence, dew, frost, heat balance, and evaporation ܺ Plant Buffer: Buffer plantings are linear strips of vegetation that have been either retained or purposefully planted in urban environments to separate land uses ܺ Placemaking: A concept that uses the physical, cultural, and social identities that define a place to support its ongoing evolution. It focuses on strengthening the connection between people and the places they share. ܺ Public Realm: Refers to the publicly owned places and spaces that belong to and are accessible by everyone including but not limited to municipal streets, lanes, squares, plazas, sidewalks, trails, parks ܺ Refuge Islands: A small section of pavement or sidewalk, surrounded by vehicular roads, where pedestrians can stop before finishing crossing a road. ܺ Revitalization: The action of improving and imbuing a city, site, community etc. with new life and vitality ܺ Right-of-Way: The part of the street space that is publicly owned and lies between the property lines. ܺ Stormwater Management: A design strategy that minimizes and reduces the flow of runoff into lakes, streams, streets, etc. for the improvement of water quality and flood mitigation. ܺ Street Furniture: Equipment placed along streets, including light fixtures, fire hydrants, telephones, trash receptacles, signs, benches, mailboxes, newspaper boxes and kiosks.Page 110 of 117Page 289 of 605 83 NS&T Trail Feasibility Master Plan ܺ Streetscape: The distinguishing elements and character of a particular street as created by its width, degree of curvature, paving materials, design of the street furniture, pedestrian amenities, setbacks and massings of surrounding buildings ܺ Transit-oriented or Transit-supportive: Describes a relationship between urban growth and transit. It aims to increase public transport ridership by reducing the use of private cars and by promoting sustainable urban growth. ܺ Uncontrolled Crossing: A pedestrian crossing that does not give priority to pedestrians, typically takes the form of subtle road markings. ܺ Urban Fabric: Describes the physical characteristics of urban areas including the streetscapes, buildings, landscaping, street furniture roads and other infrastructure. ܺ Wayfinding: Refers to information systems that guide people through a physical environment and enhance their understanding and experience of the space. They are visual, auditory and sensory cues such as maps, directions, and symbols to help guide people to their destination. Page 111 of 117Page 290 of 605 84NS&T Trail Feasibility Master Plan 9.2 List of Key Stakeholders ܺ City of Niagara Falls (Inter-departmental) ܺ Region of Niagara (Inter-departmental) ܺ Park in the City Committee ܺ Mayor’s Accessibility Advisory Committee ܺ General Public ܺ Niagara Peninsula Conservation Authority (NPCA) ܺ Ministry of Transportation (MTO) ܺ Canadian National Railway (CN) ܺ Ontario Power Generation (OPG)Page 112 of 117Page 291 of 605 Page 113 of 117Page 292 of 605 LXXXVINS&T Trail Feasibility Master Plan DETAILED CORRIDOR MAPPING Appendix A Page 114 of 117Page 293 of 605 85 NS&T Trail Feasibility Master Plan Exhibit 12 - Full Roll Plan of Trail MapPage 115 of 117Page 294 of 605 86NS&T Trail Feasibility Master Plan Exhibit 12 - Full Roll Plan of Trail Map Page 116 of 117Page 295 of 605 Page 117 of 117Page 296 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-12 Saturday, February 25, 2023 7.4 MW-2023-03 Niagara, St. Catharines and Toronto (NS&T) Trail Feasibility Master Plan Council, Concerning Segment 3, the most likely scenario appears the south side of Bridge St. will be utilized, having multiple frontages to the proposed Bridge St. trail route, I would not be opposed to this path. The Bridge Street EA suggests the initial phase of reconstruction will expand the sidewalk/boulevard to the full extent of the road allowance (+8 feet). This should very easily allow for safe travel and accommodate streetscapes. The historic NS&T rail property located between Bridge and Park St. should get deemed surplus lands and offered to the surrounding property owners. There are many benefits to this proposal, increased assessment revenue, reduced capital asset management costs, greater potential for development through conveyances and mergers resulting in full length Bridge St. to Park St. building lots (OP recommendation). Page 297 of 605 As well as greater security of persons and property by eliminating an area subjected to undesirable occupation. Police removing squatters from and empty home on Bridge St. Page 298 of 605 Vandalism of personal property located beside an isolated section of the historic NS&T rail property. The inclusion of the historic railway bridges into the trail should be considered. Page 299 of 605 It is recommended to approve staff recommendations. Staff should be direct to consider the feasibility of deeming the historic NS&T rail property located between Bridge and Park St. as surplus lands and offered to the surrounding property owners and the integration of the existing bridges into the final pathway. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 300 of 605 MW-2023-05 Report Report to: Mayor and Council Date: February 28, 2023 Title: Fallsview Boulevard Reconstruction Phase 2 Contract Award 2023-585-23 Recommendation(s) 1. That council award the 2023-585-23 Fallsview Boulevard Reconstruction Phase 2 - Surface Works (Murray Street to Ferry Street) to the lowest compliant bidder, Walker Construction Limited in the amount of $1,409,500.00 + HST. 2. That council approve a 2023 capital budget amendment for this project (Fallsview - Ferry to Murray MS19) with the additional amount of $400,000.00 to be funded by Development Charges to the extent possible with the remaining funded by Capital Special Purpose Reserves. 3. That the Mayor and Clerk be authorized to execute the necessary agreements. Executive Summary The purpose of this report is to seek council approval to award Contract 2023 -585-23 Fallsview Boulevard Reconstruction Phase 2 - Surface Works (Murray Street to Ferry Street) to the lowest compliant bidder, Walker Construction Limited. Boulevard, Fallsview of sides both along new include will work This streetlights underground for the future signalization of Fallsview Boulevard and Robinson Street, topcoat asphalt, streetscaping improvements, enhanced boulevards, and widened sidewalks. Council approved budget for utility relocations in 2019, underground infrastructure in 2021, and an estimated surface works budget in 2022. Additional funds are required to complete the final phase of this growth-related project to support new streetlighting on the widened roadway, widened sidewalks, and supporting infrastructure for the future signalization of Fallsview Boulevard and Robinson Street. Background The City originally approved budget for this project starting in 2013, which over the years has included a Municipal Class Environmental Assessment of the Fallsview Boulevard/ Ferry Street/ Buchanan Avenue Operational Improvements, the relocation of the hy dro Page 1 of 4 Page 301 of 605 infrastructure to below ground, the replacement of sanitary, storm, and water infrastructure, and the widening of Fallsview Boulevard. Enhanced streetscaping was envisioned by local business owners to bridge the gap between the Fallsview BIA and the Victoria BIA along Fallsview Boulevard since the start of this project. This final phase will complete all surface works along Fallsview Boulevard by continuing the decorative streetlighting in the Fallsview BIA district to Ferry Street, widening the sidewalks with some elements repeated from the Victoria BIA district and enhancing bus pads, sitting areas, and patios. The widened sidewalks, widened roadway, and infrastructure for the future signalization of Fallsview Boulevard and Robinson Street all support growth in this high tourism area. Analysis In February 2023 the City issued a tender (2023-585-23) for the construction of the Phase 2 surface works for Fallsview Boulevard. The low bid received is over the approved budget for the remaining work of this project. Contract 2023-585-23 was issued for bidding on February 7, 2023 and closed February 22, 2023. The following bids were received: Bidder Unofficial Tender Price (excl. HST) Walker Construction Limited $1,409,500.00 Rankin Construction Inc. $1,427,325.00 Niagara Concrete Forming and Finishing $1,487,186.00 Brennan Paving - Niagara, a division of Brennan Paving & Construction Ltd. $1,675,000.00 Although the original budget covered a large scope of the planned surface works for Fallsview Boulevard, final pricing for the implementation of the decorative streetlights on both sides of Fallsview Boulevard, the inclusion of the underground for the futu re signalization of Fallsview Boulevard and Robinson Street, and the provision of a retaining wall along 6170 Fallsview Boulevard to accommodate the road widening and a difference in grade from the adjacent parking lot, additional funds are required to awa rd this project and complete the final phase of Fallsview Boulevard. The cost of this tender plus contract administration services, material testing, and any outstanding costs exceeds the approved budget. An additional $400,000.00 is needed to complete this project. Operational Implications and Risk Analysis Page 2 of 4 Page 302 of 605 Road Municipal the in identified Class Boulevard Fallsview of widening was Environmental Assessment. Temporary sidewalks were reinstated after the underground infrastructure and road widening works were completed in 2021. The temporary asphalt sidewalks are insufficient for the heavy pedestrian traffic along this corridor and should be replaced with widened concrete sidewalks. Temporary streetlighting should be replaced with streetlights on both sides of Fallsview Boulevard. The final asphalt layer is needed to raise the roadway to final grade. The final phase of this project will improve lighting conditions and make navigating the street safer. Financial Implications/Budget Impact A total of $5,045,534.00 was approved since the 2012 capital budget, including $500,000.00 from the 2022 capital budget. Expenses to date are $3,494,023.99. The total cost to complete the Phase 2 works and any outstanding expenses are as follows: Before HST HST Total Total inc. Non- Recov. HST Construction Phase 2 $1,409,500.00 $183,235.00 $1,592,735.00 $1,434,310.02 Materials Testing $15,000.00 $1,950.00 $16,950.00 $15,264.03 Consulting Fees $175,366.25 $22,797.61 $198,163.86 $178,453.05 Region Fees and Property $53,119.57 $6,905.54 $60,025.11 $54,054.58 Streetlights Purchase $129,806.13 $16,874.80 $146,680.93 $132,090.98 Phase 1 Outstanding $77,290.47 $10,047.76 $87,338.23 $78,650.94 Total $1,860,082.42 $241,810.71 $2,101,893.13 $1,892,823.59 Budget Available $1,551,510.01 Net Required $341,313.58 Net Required Rounded $400,000.00 The cost of completing this project inclusive of all Phase 2 works exceeds the $5,045,534.00 budget by approximately $400,000.00. Staff is recommending that Council Approve a 2023 capital budget amendment of $400,000.00 to be funded by Development Charges to the extent possible with the remaining funded by Capital Special Purpose Reserves. Strategic/Departmental Alignment The recommendations in this report enhance pedestrian safety by improving the existing lighting and greatly improve pedestrian traffic with a continuous accessible wide sidewalk and accessible bus pads. Contributor(s) James Dowling, Senior Manager of Capital Accounting Page 3 of 4 Page 303 of 605 Written by: Wendy Eitzen, Project Manager Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 23 Feb 2023 Jason Burgess, CAO Approved - 23 Feb 2023 Page 4 of 4 Page 304 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-13 Saturday, February 25, 2023 7.5 MW-2023-05 Fallsview Boulevard Reconstruction Phase 2 Contract Award 2023-585-23 Council, It is recommended to approve staff recommendations. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 305 of 605 PBD-2023-12 Report Report to: Mayor and Council Date: February 28, 2023 Title: AM-2022-002 Zoning By-law Amendment Application 3770 Montrose Road Applicant: Cassone Dwellings (BT) Inc. Agent: Bousfields Inc (Evan Sugden) Lifting of Holding (H) Symbol Recommendation(s) That Council pass a by-law to remove the holding (H) symbol and related regulations from 3770 Montrose Road, which is currently zoned Residential Low Density, Group Multiple Dwelling Zone (R4-1187), to permit the re-development of the property for residential purposes. Executive Summary In July 2022, Council granted approval for a Zoning By-law amendment at 3770 Montrose Road to permit 26 semi-detached dwelling units, 109 block townhouse units and 140 stacked townhouse units. In August 2022, Council passed By-law No. 2022-88 to facilitate the Zoning By- law amendment. A holding (H) symbol, under the authority of Section 36 of the Planning Act, was included in the By-law to ensure the landowner submitted a Record of Site Condition on the Ministry of Environment, Conservation and Parks Brownfields Environmental Site Registry, and to provide a copy of the Ministry’s acknowledgement to the satisfaction of the Niagara Region. Cassone Dwellings (BT) Inc. is requesting the H symbol be removed to permit the re-development of the land for residential development. The Niagara Region has reviewed the submitted Record of Site Condition and acknowledgement letter from the Ministry. The Region has accepted the acknowledgement letter from the Ministry. Therefore, the H symbol can be removed from the subject land. This section also serves as the background for the application. Analysis On Council’s Agenda is a letter from Bousfield Inc. on behalf of the applicant requesting Council pass a by-law to remove the H symbol on the lands known as 3770 Montrose Road. Cassone Dwellings (BT) Inc. wishes to proceed with the re-development of the land for residential purposes. A location map can be found in Schedule 1. The parcel is zoned Residential Low Density, Group Multiple Dwelling Zone (R4(H)-1187), in accordance with Zoning By-law No. 79- 200, as amended by By-law No. 2022-88. The R4-1187 zoning permits the land to be developed with semi-detached, block townhouse, and stacked townhouse dwelling units. The R4 zone Page 1 of 5 Page 306 of 605 requires the removal of the H symbol prior to development. The H symbol was included in the amending by-law to ensure the landowner submitted a Record of Site Condition on the Ministry of Environment, Conservation and Parks (MECP) Brownfields Environmental Site Registry and obtained the necessary acknowledgement letter to the satisfaction of the Niagara Region. The Record of Site Condition and letter of acknowledgement from MECP has been provided to both the City and Region and staff are satisfied that these documents address the required conditions of the Holding zone. Circulation Comments The Planning Act requires notice of the removal of a holding (H) symbol to be given to the subject landowners and any members of the public or agencies that submitted a written request for notice. In accordance with these regulations, notice regarding the removal of the H symbol was circulated to the applicant and the Regional Municipality of Niagara. The Region is satisfied the requirements for lifting the H symbol have been met and have no objections. Therefore, Staff are satisfied the H symbol can be lifted from the subject lands. Strategic/Departmental Alignment Development of the subject lands supports Council’s desire for complete communities and additional housing options for the City’s residents. Contributor(s) Development of the subject lands supports Council’s desire for complete communities and additional housing options for the City’s residents. List of Attachments Schedule 1 - Location Map Schedule 2 - Letter Requesting to Lift H Written by: Alexa Cooper, Planner 2 Andrew Bryce, Manager, Current Planning Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 17 Feb 2023 Kira Dolch, Director of Planning, Building & Development Approved - 17 Feb 2023 Jason Burgess, CAO Approved - 22 Feb 2023 Page 2 of 5 Page 307 of 605 3 PBD-2023-12 February 28, 2023 SCHEDULE 1 (Location Map) Page 3 of 5 Page 308 of 605 3 Church St., #200, Toronto, ON M5E 1M2 T 416-947-9744 F 416-947-0781 www.bousfields.ca January 12, 2022 Project No. 21146 Alexa Cooper Planning, Building and Development City of Niagara Falls 4310 Queen Street Niagara Falls, ON, L2E 6X5 Via E-mail: acooper@niagarafalls.ca Dear Ms. Cooper, Re: Application to Lift the Holding “H” Provision- 3770 Montrose Rd, Niagara Falls Cassone Dwellings (BT) Inc. On behalf of our client Cassone Dwellings (BT) Inc., we are pleased to submit an enclosed application to Lift the Holding Provision currently applied to the north half of the property municipally addressed as 3770 Montrose Road (“subject site”), in order to facilitate the redevelopment of the site for a new residential Draft Plan of Condominium. The subject site received site-specific zoning through By-law 2022-088 (City File # AM- 2022-002) to facilitate residential intensification, and a site-specific zoning category Residential Low Density, Group Multiple Dwelling Zone with a Holding Provision (“R4-H”) was applied. The requirement for the “H” was set out in clause 9 of Zoning By-law 2022-088. A copy of By-law 2022-088 is enclosed with this application, and for easy reference, clause 9 states that: The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by-law and shown hatched and designated R4(H) and numbered 1187 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer Page 4 of 5 Page 309 of 605 2 shall file a Record of Site Condition on the Ministry of Environment, Conservation and Parks Brownfields Environmental Site Registry, in accordance with O.Reg. 153/04, and provide a copy of the Ministry's acknowledgement of the filing of the Record of Site Condition to the satisfaction of the Niagara Region. Phase One and Two Environmental Site Assessments have been completed, a Record of Site Condition has been filed with the ministry pursuant to clause 9 above, and we have received the acknowledgment letter back from the Ministry on the same – all of which are enclosed with this application for your review. In support of this application to lift the “H”, we are pleased to submit the following: 1. This covering letter explaining the reason for the application and brief rationale as to why it is now appropriate to lift the “H”; 2. Completed application form; 3. Copy of the Phase One Environmental Site Assessment; 4. Copy of the Phase Two Environmental Site Assessment; 5. Copy of the Record of Site Condition; and 6. Copy of the acknowledgment letter from the Ministry. The 2023 application fee in the amount of $675 is being mailed to your attention by our clients under separate cover, which you should receive shortly. I trust the above and the enclosed make for a complete application and ask that you advance the application for a decision at the next Council meeting. Yours very truly, Bousfields Inc. Evan Sugden, HBASc, MA, CAHP, RPP, MCIP Senior Planner ES/df:jobs Page 5 of 5 Page 310 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-14 Saturday, February 25, 2023 7.6 PBD-2023-12 AM-2022-002 Zoning By-law Amendment Application 3770 Montrose Road Applicant: Cassone Dwellings (BT) Inc. Agent: Bousfields Inc (Evan Sugden) Lifting of Holding (H) Symbol Council, It is recommended to approve staff recommendations. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing Page 311 of 605 party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 312 of 605 PBD-2023-13 Report Report to: Mayor and Council Date: February 28, 2023 Title: 26T-2022-002 Draft Plan of Subdivision & 26CD-11-2022-007 Exemption from Common Elements Condominium 2700 Mewburn Road Applicant: 11517945 Canada Inc. (Ahmed Abbas) Agent: NPG Planning Solutions (Aaron Butler) Recommendation(s) 1. That the Plan of Subdivision be draft approved subject to the conditions in the attached Appendix A; 2. 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; 3. That draft approval be given for three years, after which approval will lap se unless an extension is requested by the developer and granted by Council; 4. That the Mayor and City Clerk be authorized to execute the Subdivision Agreement and any required documents to allow for the future registration of the Subdivision when all matters are addressed to the satisfaction of the City Solicitor; 5. That Council passes a by-law to exempt the condominium description from approvals required under Section 51 and Section 51.1 of the Planning Act for the subject lands, pursuant to Section 9(3)(b) and 9(7) of the Condominium Act; and, 6. That the Certificate of Exemption, required to be issued by the City under Section 9(3)(b) and 9(7) of the Condominium Act, be conditional on final approval at the subdivision plan submission to the City and of the final condominium plan for compliance review with the registered site plan and subdivision agreement prior to registration. Executive Summary 11517945 Canada Inc. has submitted an application to develop 0.98 hectares (2.42 acres) of land located at 2700 Mewburn Road as a Draft Plan of Subdivision Plan and Common Element for 28 townhouse units and a block for Common Elements. The applicant has also applied for an exemption to a Plan of Condominium (Common Elements) with parcels of tied land. The applicant propo ses to deal with all matters as conditions through the Draft Plan of Subdivision process. In addition, most matters of development have been addressed through a previous site plan approval process. Page 1 of 13 Page 313 of 605 Planning staff recommends the applications for the follo wing reasons: • The proposed development conforms to Provincial policies and the City’s Official Plan as it provides a variety of housing types, meets the density targets, and is transit supportive within the Built-up Area; and, • The proposal meets the required zoning regulations for the subject property. All aspects of development have been addressed through the site plan and subdivision processes, therefore a condominium exemption can be supported. The conditions of draft plan approval, which must be satisfied before subdivision registration, are listed in Appendix A. These conditions address signage, parkland cash - in-lieu payment, and all other matters related to the development of the draft plan of subdivision. Background 11517945 Canada Inc. has submitted an application to develop 0.98 hectares (2.42 acres) of land located at 2700 Mewburn Road as a Draft Plan of Subdivision with parcels of tied land to a proposed Condominium (Common Elements) Plan. The applicant is also requesting an exemption from Draft Plan of Condominium (Common Elements) by having all conditions dealt with through the proposed Draft Plan of Subdivision. Refer to Schedule 1 for the location map and Schedules 2 and 3 for the proposed Draft Plans. The Plan of Subdivision will result in 8 freehold townhouse lots and 20 parcels of tied land for a total of 28 townhouse units with interest in the proposed Common Elements Condominium to maintain and deliver services. The Plan of Condominium proposes 1 block for Common Elements that will contain site services such as water and wastewater leads and connections, common area landscaping, internal roads, and visitor parking. Site servicing was approved through the Site Plan Approval process and is not proposed to change as a result of the Plan of Subdivision or Plan of Condominium approvals. The applicant has also applied for a draft plan of Condominium (Common Elements) exemption by proposing to deal with all conditions through the draft plan of subdivision application. Site Conditions and Surrounding Land Uses The proposal has been issued Building Permits and is currently under development in accordance with the registered site plan agreement, which requires the owner to maintain services and utilities (i.e. access ramp, visitor parking, sidewalks, grading, garbage areas, landscaping) located on the subject lands. To the north is a townhouse d evelopment; to its east and south are detached dwelling units; and to the west is vacant land. Page 2 of 13 Page 314 of 605 Circulation Comments • Bell Canada, Canada Post, Enbridge, Fire Services, Landscape Services, Municipal Works, Transportation Services, Niagara Region • No objections, subject to meeting the conditions listed in Appendix A. • Building Services • The owner shall amend each of the 28 issued townhouse building permits to include the New Home Warranty Tarion number if granted approval. • All necessary building permit amendment fees shall be accessed during building permit application review. • Business Development, Cogeco, GIS Services, Hydro One, Legal Services, Ministry of Transportation, NDCSB, OPG, Zoning • No objections. 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 by satisfying matters of provincial interest as outlined in Section 2 of the Planning Act, is transit supportive, assists in the creation of a complete community, and minimizes land consumption and servicing costs. 2. Regional Official Plan The subject land is designated as Urban Area (Built-up Area) in the Regional Official Plan. The proposed development conforms by being a compact development, varying the available housing types in the area, is transit supportive, and will result in intensification in the Built-up Area. 3. City's Official Plan The subject land is designated as Residential in the City's Official Plan. The proposed development conforms to the City’s Official Plan as it is within the maximum permitted density for the site, the height and setbacks are consistent and compatible with the existing community, and the proposed development contributes to the City’s annual residential intensification rate by adding 28 units within the Built-Up Area. 4. Zoning By-law The property is zoned R4-749. The proposal meets the required zoning regulations for the subject lands. Page 3 of 13 Page 315 of 605 5. Condominium Design and Conditions of Approval The proposed condominium will accommodate the individual division of the subject land into 28 lots for the construction of townhouse dwellings, provide a private roads off of Mewburn Road, and common visitor parking spaces. In considering a proposed plan of condominium, Council shall have regard to the planning matters listed under Section 51(24) of the Planning Act. The proposed development complies as follows: • The proposed development complies with matters of Provincial interest, listed under Section 2 of the Planning Act, and is not premature as servicing is available and it is located within the Built-up Area; • The proposal conforms with the City’s Official Plan and integrates with adjacent subdivisions by providing adequate setbacks to existing neighbouring buildings; • The land’s configuration is suitable for development. Each rectangular shaped unit will be provided with exclusive front and rear yard amenity space. The units back onto the property lines of existing development; • Adequate access will be provided from Mewburn Road; • The proposed development can be adequately serviced by municipal services and students may attend neighbourhood schools located approximately 850 metres from the property; • No lands will be conveyed for public purposes; and, • The site plan matters such as landscaping, servicing, and lighting were previously addressed through the registered site plan agreement. Parkland dedication as cash-in-lieu will be dealt with through the draft conditions of the subdivision as seen in Appendix A. A comprehensive set of conditions, addressing City, Regional, and agency concerns, are listed in Appendix A and includes the following: • Cash in lieu of parkland dedication; and, • All other matters typically covered under the subdivision process (i.e. execution of a subdivision agreement, provision of utilities and mail service, engineering works, and necessary fees and securities). Planning Staff have no issues with the requested exemption from Common Elements with parcels of tied land. Most development matters have been dealt with through a previous site plan approval process and any outstanding matters will be addressed through the draft plan of subdivision conditions. The exemption will not be formally provided until the subdivision plan has been approved by the City and released for registration. Page 4 of 13 Page 316 of 605 Operational Implications and Risk Analysis There are no operation implications and no risk to the City. The future condominium corporation will be responsible for maintenance of the property aside from the 8 freehold units which will front onto the existing municipal road. Financial Implications/Budget Impact The proposed development will generate development charge contributions and pro perty tax revenue for the City. There are no other financial implications. Strategic/Departmental Alignment The proposed condominium supports the Diverse Housing Strategic Priority by providing housing to meet the needs of people of all ages, incomes and abilities. List of Attachments Schedule 1 - Location Map Schedule 2 - Draft Plan of Subdivision Schedule 3 - Draft Plan of Condominium (Common Elements) Appendix A - Conditions of Draft Plan of Subdivision Approval Written by: Alexa Cooper, Planner 2 Andrew Bryce, Manager, Current Planning Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 21 Feb 2023 Jason Burgess, CAO Approved - 22 Feb 2023 Page 5 of 13 Page 317 of 605 Schedule 1 Location Map Page 6 of 13 Page 318 of 605 Page 7 of 13Page 319 of 605 Page 8 of 13Page 320 of 605 Appendix A Draft Plan of Subdivision Conditions 1. Approval applies to the Mewburn Road Draft Plan of Subdivision prepared by J.D. Barnes Limited, dated October 21, 2022, showing 28 lots for townhouse dwellings, and Block 29 for private roads, service delivery and visitor parking. Legal Services 2. The developer enter into a registered Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Subdivision Agreement, they may be required to become party to the Subdivision Agreement for the purpose of enforcing such conditions. 3. The developer submit a Solicitor’s Certificate of Ownership for the subdivision land to the City Solicitor prior to the preparation of the Subdivision Agreement. Planning and Development Services 4. The developer provide two calculated plans and a letter prepared by an Ontario Land Surveyor to Planning, Building & Development confirming that all lots and blocks comply with the Zoning By-law. 5. The developer provide two copies of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 6. The developer name the private streets to the City’s satisfaction. Building Services 7. The developer shall amend each of the 28 issued townhouse building permits to include the New Home Warranty Tarion number. Municipal Works 8. The developer shall complete the following outstanding requirements for Road Occupancy Permit #2021-033: i. A new security deposit cheque shall be provided as required, which will be held until final restoration is completed; ii. All new manholes to be benches and parged as per City of Niagara Falls specifications; iii. All new storm and sanitary sewers to be flushed to the satisfaction of the City of Niagara Falls; Page 9 of 13 Page 321 of 605 iv. Temporary asphalt to be placed on sidewalk until final concrete can be completed; v. Concrete sidewalk to be restored as per City of Niagara Falls specifications; and, vi. Roadway to be milled and paved as per City of Niagara Falls specifications. Transportation Services 9. The developer will be required to install and maintain street name signs at the entrance to the subdivision. If there are multiple private road names within the development, street name signs will be required at each location where a change occurs. Signs and installation are to be in accordance with City standards. Landscape Services 10. The developer pay the City cash-in-lieu of 5% parkland dedication as determined by a qualified appraiser in accordance with the City’s Parkland Dedication By-law 2020-35. Fire Services 11. The proposed fire hydrants on the property will be deemed a common element and as such, maintenance in accordance with the Ontario Fire Code will be the responsibility of the condominium corporation. Note: In addition to regular maintenance of the fire hydrants required under the Ontario Fire Code, fire hydrants are to be kept free and clear of obstructions at all times. 12. The developer is responsible for all costs to designate the fire access route under municipal by-law for enforcement purposes and for the installation of ‘no parking’ signs along the designated fire route. Note: It is the responsibility of the condominium corporation to ensure that the fire access route is free and clear of obstructions at all times. This includes any vegetation or tree canopies that may encroach on the fire access route. Bell Canada 13. The developer acknowledges and agrees to convey an y easement(s) as deemed necessary by Bell Canada to service this new development. The developer further agrees and acknowledges to convey such easements at no cost to Bell Canada. 14. The developer agrees that should any conflict arise with existing Bell Canada facilities where a current and a valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements Page 10 of 13 Page 322 of 605 at their own cost. Canada Post 15. The developer shall complete to the satisfaction of Canada Post to include on all offers of purchase and sale, a statement that advises the prospective purchaser that the home/business mail delivery will be from a designated Centralized Mail Box (CMB) and that the developer be responsible for officially notifying the purchasers of the exact CMB locations prior to the closing of any home sales. 16. The developer further agrees to work with Canada Post to: i. determine and provide temporary suitable CMB locations which may be utilized by Canada Post until the curbs, Boulevards and sidewalks are in place in the remainder of the subdivision, ii. install a concrete pad in accordance with the requirements of an in locations to be approved by Canada Post to facilitate the placement of the CMBs; iii. identify the pads above on the engineering servicing drawings. Said pads are to be poured at the time of the sidewalk and/or curb installation within each phase of the plan of subdivision; and, iv. determine the location of all centralized mail receiving facilities in cooperation with Canada Post and to indicate the location of the centralized mail facilities on appropriate maps, information boards and plans. Maps are also to be prominently display in the sales office(s) showing specific Centralized Mail Facility locations. Enbridge Gas Inc. 17. The developer shall contact Enbridge Gas Inc.’s Customer Connections department by emailing CustomerConnectionsContactCentre@Enbridge.com to determine gas availability, service, and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. If the gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phase construction, all costs are the responsibility of the applicant. 18. The developer provide Enbridge Gas Inc. with easements required to service this development, and any future adjacent developments, at no cost. Regional Municipality of Niagara 19. That the Owner agrees to include the following warning clause within the Draft Plan Agreement to protect for any potential archaeological resources that may be Page 11 of 13 Page 323 of 605 discovered during construction activities: “Should deeply buried archaeological remains/resources be found during construction activities, all activities impacting archaeological resources must cease immediately, and the proponent must notify the Archaeology Programs Unit of the Ministry of Citizenship and Multiculturalism (416-212-8886) and contact a licensed archaeologist to carry out an archaeological assessment in accordance with the Ontario Heritage Act and the Standards and Guidelines for Consultant Archaeologists. In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as the Cemeteries Regulation Unit of the Ministry of Government and Consumer Services (416-326-8800) must be contacted. In situations where human remains are associated with archaeological resources, the Ministry should also be notified to ensure that the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act.” 20. The Owner agrees to implement the recommendations of the “Detailed Environmental Noise Assessment” prepared by R.J. Burnside & Associates Limited (dated July 2020), including but not limited to provision of central air conditioning in Units 1-8, the provision for adding central air condition in the future at the Occupant’s discretion in Units 9-28, the inclusion of warning clauses in Agreements of Purchase and Lease or Tenancy, and the implementation procedures outlined in Section 7 of the Assessment. 21. That the Owner agrees to include the following warning clauses in the Subdivision Agreement and in all Agreements of Purchase and Sale or Lease or Occupancy: i. For Units 1-8: “This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks.” ii. For Units 9-28: “This dwelling unit has been designed with the provision for adding central air conditioning at the occupant’s discretion. Installation of central air conditioning by the occupant in low and medium density developments will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the Municipality and the Ministry of the Environment, Conservation and Parks.” 22. That the Owner submit a Letter of Reliance from a Qualified Professional for the “Phase One Environmental Site Assessment” prepared by Peto MacCallum Ltd. (dated January 8, 2020) to Niagara Region, to indicate that, despite any limitations or qualifications included in the above submitted Reports, that the Region is Page 12 of 13 Page 324 of 605 authorized to rely on all information and opinions provided there within. 23. That the Subdivision Agreement between the Owner and the City contain provisions whereby the Owner agrees to implement the approved plan(s) required in accordance with the Stormwater Management Plan. 24. That the Subdivision Agreement between the Owner and the City contain a condition that the Owner agrees to comply with the requirements of Niagara Region’s Corporate Waste Collection Policy and enters into an Indemnity Agreement with Niagara Region for the purpose of entering the subject property to provide waste collection services. 25. That the Subdivision Agreement between the Owner and the City contain the a condition that individual property owners who enter into an Indemnity Agreement with Niagara Region are responsible for notifying future owners of the Indemnity Agreement requirements. The following warnings shall be included in all Site Plan Agreements, Offers and Agreements of Purchase and Sale or Lease for each property to survive closing: i. “Purchasers are advised that a properly executed Indemnity Agreement must be submitted from the private property owner(s) or property management company with signing authority to Niagara Region in order to maintain waste collection services on private roadway(s) and/or property(ies).” Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: • Legal Services for Conditions 2 and 3 • Planning and Development Services for Conditions 4 to 6 inclusive • Building Services for Condition 7 • Municipal Works for Condition 8 • Transportation Services for Condition 9 • Landscape Architect for Condition 10 • Fire Services for Conditions 1 and 12 • Bell Canada for Conditions 13 and 14 • Canada Post for Conditions 15 and 16 • Enbridge Gas Inc. for Conditions 17 and 18 • Regional Municipality of Niagara for Conditions 19 to 25 inclusive Page 13 of 13 Page 325 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-15 Saturday, February 25, 2023 7.7 PBD-2023-13 26T-2022-002 Draft Plan of Subdivision & 26CD-11-2022-007 Exemption from Common Elements Condominium 2700 Mewburn Road Council, It is recommended to approve staff recommendations. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 326 of 605 PBD-2023-14 Report Report to: Mayor and Council Date: February 28, 2023 Title: Municipal Housing Target and Municipal Housing Pledge Recommendation(s) It is recommended that: 1. Council endorse the Municipal Housing Pledge which commits the City to the Provincially assigned Municipal Housing Target of 8,000 new housing units constructed by 2031. 2. Council direct the General Manager of Planning, Building and Development to forward the signed Municipal Housing Pledge to the Minister of Municipal Affairs and Housing, the Ontario Minister of Infrastructure, the Federal Minister of Intergovernmental Affairs, Infrastructure and Communities, the Regional Municipality of Niagara and the Cities of St. Catharines and Thorold, to meet the March 22, 2023 deadline. 3. Council's endorsement be conditional on receipt of sufficient funding for the new South Niagara Falls Wastewater Treatment Plant. Executive Summary The purpose of this report is to seek Council’s endorsement of a Municipal Housing Pledge committing the City to the Provincially assigned Municipal Housing Target of 8,000 new residential units constructed by 2031. Though an ambitious target, staff are confident that the City will be able to meet the 8,000 new residential units assigned to the City, if the necessary supportive infrastructure is in place and approved development is constructed. The Municipal Housing Pledge (attached as Appendix I) outlines how Niagara Falls will achieve this target. Once Council endorses the Municipal Housing Pledge, Staff will forward it to the Minister of Municipal Affairs and Housing to meet the March 22, 2023 deadline. The Province will use municipal pledges to monitor and track progress towards these housing targets and municipalities will be required to report annually on their progress. Background In a bid to build 1.5 million homes over the next 10 years, the Province, as part of Bill 23, More Homes Built Faster Act, has assigned home building targets for 29 of the largest municipalities in Ontario. The City of Niagara Falls has been assigned a target 8,000 new homes to be constructed in the municipality by 2031. The City has been asked through a Page 1 of 12 Page 327 of 605 ministerial letter to submit a "housing pledge" that outlines the goal and actions the City will undertake to meet the target by 2031. The Province will use municipal pledges to monitor and track progress towards housing targets and municipalities will be required to report annually on their progress. The Housing Pledge contained in Appendix 1 outlines in detail how the City of Niagara Falls will be able to achieve this new 8,000 housing unit target by 2031. A Council endorsed housing pledge will need to be forwarded to the Province by March 22, 2023. Analysis Through the new Niagara Region Official Plan, based on a forecasted population growth of 47,235 people, Niagara Falls was assigned a housing target of 20,220 new housing units from 2021 to 2051. More specifically this housing allocation can be broken down as 11,980 single and semi-detached (59%), 5,090 townhouse (25%) and 3,150 apartment units (16%). Over the 30 year period this translates into 674 housing units to be constructed annually from 2021 to 2051. Under Bill 23, the Province’s 10 year housing target for Niagara Falls is 8,000 new housing units to be constructed by 2031, which translates into 800 new housing units constructed annually for the next 10 years. On average over the last 10 years, the City has witnessed the construction of only 574 units of housing. Though ambitious, staff believe that the housing target assigned to Niagara Falls by the Province is achievable, provided the necessary infrastructure is in place and approved units are constructed, as the City has a current inventory of approximately 8,757 planning approved residential units.(see Appendix 2) In spite, of this large inventory of approved housing units the City is and will be undertaking a variety of initiatives, as identified in the Municipal Housing Pledge to increase the overall supply of housing in the municipality. Chief among these initiatives is the complete establish will plans that greenfield four of development secondary communities in the four urban expansion areas (Northwest/Club Italia, Garner West, New Hospital South and Kalar Road West) that Niagara Falls received with the approval of the Niagara Region Official Plan in the Fall of 2022. As well, the City will be proactively undertaking a secondary plan for the redevelopment of the existing Greater Niag ara General Hospital site so that is shovel ready for redevelopment when Niagara Health vacates this site for the new South Niagara Falls Hospital campus. Together these plans have the potential for generating over 10,000 additional housing units, at a min imum, of various types. Further, staff will be working with the owners of the existing Grand Niagara secondary plan to bring a more balanced mix of housing which may total 3,000 to 5,000 residential units. To provide a more ready supply of affordable housing, the City will be bringing forward two initiatives. First, the City will be initiating a formalized accessory dwelling unit program which will allow homeowners to provide safe, accessory units within their own homes. Second, the City will be implementing Backyard House Designs which would entail the creation second units, dwelling detached designed architecturally four of small to preapproved by the Building Department, that homeowners can choose have constructed with minimal cost and effort. This work will allow homeowners to avoid the cost of preparing building permit drawings with the exception of placement plans, grading Page 2 of 12 Page 328 of 605 plans and servicing details and would facilitate the construction of backyard housing to assist with the housing affordability issue. Challenges to Achieving the Housing Target For the urban area boundary expansions to proceed to their full potential and approved residential units to proceed to the building permit stage assistance will be required from other Fgovernment. of levels transit, (roads, infrastructure availability of irst, the water/wastewater servicing) to enable and support this growth will need to be in place. The key critical component of infrastructure that will be needed to achieve the 8,000 unit target will be the construction of the new South Niagara Falls Wastewater Treatment Facility scheduled to be operational in 2027. Once operational, the new wastewater plant will service all lands south of Lundy’s Lane thereby freeing up additional treatment capacity at the existing Stanley Road wastewater treatment facility for north Niagara Falls. The treatment facility is being designed to also service Thorold South in Thorold thereby freeing up capacity in both the Port Dalhousie and Port Weller wastewater facilities which will help allow the City of St. Catharines to reach its Provincially assigned target of 11,000 units of housing by 2031. Second, to construct the new housing units, a sufficient pool of skilled trades people in the home building sector will be critical. Accordingly, expanding the pool of skilled trades people of all types, in an era of a skilled trades shortfall, will require significant ongoing Provincial and Federal investment into skills training and development. developments wapproved Finally, constructed and developers by be need ill to homebuilders to achieve the assigned housing target which is outside of the municipality’s control. Financial Implications/Budget Impact As indicated in the report, the Municipal Housing Pledge will be diffic ult to meet if the necessary supportive infrastructure to support growth is not provided. The funding for this infrastructure will need to originate from senior levels of government. Strategic/Departmental Alignment The Municipal Housing Pledge and 8,000 residential unit target is consistent with the City’s strategic priority of Diverse and Affordable Housing. List of Attachments Appendix 1 Municipal Housing Pledge Appendix 2 Map of Residential Development Approvals Appendix 2 Table of Residential Development Approvals Written by: Brian Dick, Manager of Policy Planning Page 3 of 12 Page 329 of 605 Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 21 Feb 2023 Jason Burgess, CAO Approved - 22 Feb 2023 Page 4 of 12 Page 330 of 605 PBD-2023-14 February 28, 2023 Appendix 1 Appendix 1: The City of Niagara Falls Municipal Housing Pledge The City of Niagara Falls commits to constructing 8,000 new housing units by 2031. The 8,000 housing unit target will achieved by: Planned and Proposed Municipal Initiatives At the present time, Niagara Falls has an inventory of 8,757 approved residential units.(see Appendix 2) In spite of this inventory, the City will be implementing a broad array of initiatives to increase the supply of affordable and attainable housing within the municipality. In March 2022, Council endorsed a Housing Strategy for the City of Niagara Falls which recommended 21 action items that represented a collection of policy directions, programs and tools that will work together in the short, medium and long term to help achieve the 40% affordability target outlined in the Strategy. Also, these action items will encourage, support and permit the development of a more diverse mix and range of housing options to meet he City’s current and future housing demand. To help achieve our assigned Municipal Housing Target, the City will continue to implement the recommendations of the Housing Strategy. Other Initiatives that the City will be undertaking to increase the supply of housing include: •Developing a City wide Community Improvement Plan for the creation of affordable rental housing which will add to the City’s rental apartment supply. •Undertaking the development of four secondary plans that will establish complete communities in the four urban expansion areas that Niagara Falls received with the approval of the Niagara Region Official Plan. At a high level, it is estimated that these secondary plans could potentially accommodate an additional 12,967 housing units of various types. The City will be commencing the development of secondary plans in both 2023 and 2024 with each plan taking approximately 2 years to formulate and to be in a position to be adopted by Council. ➢ •Undertaking a secondary plan for the redevelopment of the existing Greater Niagara General Hospital site. Page 5 of 12 Page 331 of 605 In preparation for Niagara Health vacating this site, the City is proactively planning for the redevelopment of these and surrounding lands via a secondary plan for potentially 1,000 new units of housing. •Support gentle intensification initiatives within the City’s Built-Up Area. An intensification capacity assessment was conducted to inform the City’s 2022 Housing Strategy. The capacity assessment examined the impact of accessory apartments which not only represent gentle intensification but are an efficient opportunity to provide affordable housing. It was concluded that between 476 to 4,764 new accessory apartment units could be reasonably constructed within the City’s existing single detached housing stock. As such, the City will introduce two programs to expand the number of affordable units (via accessory apartments and backyard units) in the municipality. ➢ o The City will initiate a formal accessory dwelling unit program which will allow homeowners to provide a safe, accessory unit within their own home. The City and Niagara Region may offer an incentive to defray some of the cost to the homeowner. o The City will implement Backyard House Designs which would entail the creation of four architecturally designed, small detached second dwelling units, preapproved by the Building Department, that homeowners can choose to have constructed. This will work will allow homeowners to avoid the cost of preparing detailed building permit drawings and would facilitate the construction of backyard housing with minimal cost and effort to assist with the housing affordability issue. •The City has recently updated the zoning to implement the approved Transit Station Secondary Plan secondary plan which supports transit supportive development with a mix of uses, a range of housing choices and new employment opportunities for the City’s Protected Major Transit Station Area. The secondary plan area with newly aligned zoning will help facilitate the long-term redevelopment of the Page 6 of 12 Page 332 of 605 Downtown area in anticipation of increased GO Rail service and ridership. •The City will undertake an update to the City’s Comprehensive Zoning by-law to address Planning Act changes permitting 3 units on a property. •The City has supported a MZO to add significant density to an area in the immediate vicinity of the Niagara Falls GO Transit Station. An increase in density permissions will help facilitate the creation of over 1,000 apartment units. •The City is continuing to investigate the appropriateness of the Park Street parking lot in the downtown core for affordable housing. Considerations (Barriers, Implementation, Risks) Need for Infrastructure Improvements and More Skilled Tradespeople New infrastructure in the form of roads, public transit, water and sewer lines etc. will be needed to help implement the 8,000 unit housing target. The funding for this new infrastructure will need originate from seniors’ level of government such as Niagara Region and the Provincial/Federal governments. The expedited completion of Niagara Region’s new South Niagara Falls Wastewater Treatment Facility will be critical as it will introduce significant new capacity for the treatment of wastewater for Niagara Falls. Further, the construction of this new wastewater treatment facility will assist with the broader regional growth strategy as the new plant is scheduled to service areas of Thorold. This in turn will generate additional capacity in the sewage treatment facilities servicing St. Catharines thereby, assisting them in meeting their Provincially assigned 11,000 housing unit target. Further, to construct the new housing units, a sufficient pool of skilled trades people in the home building sector will be critical. Accordingly, expanding the pool of skilled trades people, in an era of a skilled trades shortfall, will require significant ongoing Provincial and Federal investment into skills training and development. As a final point, developers and homebuilders will need to be encouraged to construct the thousands of units of approved housing. Mitigation Strategies and Proposals to Accelerate Housing (Planning and Building)Page 7 of 12 Page 333 of 605 The City has and is conducting several initiatives within the Planning Department to improve the development approval process and the development community’s experience in dealing with the City. Such improvements include: •With funding assistance from the Ministry, the City was able to purchase and implement digital software (Cityview) for the Planning and Building Department which will provide a system for tracking applications, providing up-to-date statistics on proposed and under construction housing units, improve communication with applicants, and streamline the approvals process. •Additional planning staff were hired as part of the Ministry’s Grant Program to expediate zoning review and inquiries for residential developments to improve the planning approval timelines. In addition, these staff are directly working on a Developer’s Package which will clearly lay out expectations through guidelines, provide key information to developers about all the programs the City has to offer (i.e. CIPs, backyard house designs etc.) to help create more housing. As well, the Developer’s Package will contain the sought after details developers are looking for such as the ability to use surety bonds, our procedures, our Community Benefits By-law, our current development charges and information on development statistics in the City. •Development processes have been reviewed for procedural improvements and the changes that have been implemented to date will expediate development approvals. Further work is underway to implement all these changes. In addition, because of the process review, the need for additional Planning staff was realized and requested as part of the 2023 Budget deliberations. •The City is creating a Developer’s Package that will include information regarding the development application process, provide study guidelines and standard terms of reference requirements, and commonly referenced by-laws (i.e. Development Charges and Building Permit Fees). This package of material will provide a valuable resource tool for the development community to help guide them as they proceed through the planning and building stages. Page 8 of 12 Page 334 of 605 •The City is establishing a Developers Round Table Group as a vehicle to meet and discuss trends, issues, and opportunities that the development industry may face while processing development and building permit applications within the City. This group will provide City staff with feedback from the development industry to allow the department to respond and adapt accordingly. The City’s Building Department is also introducing several initiatives to improve the building permit approval process and the builder’s experience in dealing with the City. Such improvements include: •Creating Building Permit Submission Guidelines which serve as a guide to the permit applicants for various types of building permit submissions. •Implementing the new permitting software Cityview that will allow for faster building permit submission and an efficient means to track permit status that will be accessible through an online portal for permit applicants. •Creating a Builder Tips Bulletin which will help provide an improved understanding of the Building Code and should subsequently reduce errors in building permit application submissions. The Bulletin will also contain updates on Building Code changes, bylaw updates, and other departmental notices. Reporting and Monitoring Measures Planning staff prepare a Development and Housing Monitoring Report for Council that reviews the status of development and growth management activity in the City on an annual basis. Information that is currently reported on includes building permit activity (numbers, types, values, location), development application activity and short and long term land supply numbers. It is the intention to increase breadth of information and the reporting frequency of this important monitoring report from an annual to a quarterly basis to ensure that Council is provided with the most up-to date information on housing in a timely manner. Page 9 of 12 Page 335 of 605 Page 10 of 12 Page 336 of 605 /Residential Development Approvals Niagara?qyug UNITED STATES OF AMERICA GOAT ISLAND mw W .M. 5M.0W0 mlmwmm, M,m..MMMOCC..mm Jul 3:’l:|msed Resnennal Development Appucauon Pimel Page 11 of 12 Page 337 of 605 Map ID Status Address Potential Residential Units 1 Zoning by-law amendment approved Alex /McLeod 108 2 Draft approved-standard condominium; Site Plan & Zoning by- law amendment approved 4737 Pettit Street 82 3 Zoning by-law amendment approved 4174-4204 Portage Rd 64 4 Zoning by-law amendment approved; Site Plan registered 5587-5637 McLeod Rd 70 5 Draft approved-standard condominium; Site Plan approved 4263 Fourth Avenue 100 6 Zoning by-law amendment approved; Site Plan application circulated 8100 McLeod Rd 55 7 Zoning by-law amendment approved 5528 Ferry Street 889 8 Zoning by-law amendment approved 7639 Watson St 18 9 Zoning by-law amendment approved John Street @River Road 119 10 Zoning by-law amendment approved 2788-98 St Paul Av 39 11 Zoning by-law amendment approved 6663 Stanley Av 583 12 Draft approved-vacant land condominium 5940 Carlton Avenue 80 13 Draft approved subdivision Garner 8 15 Zoning by-law amendment approved 7280 Lundy's Lane 122 16 Zoning by-law amendment approved 4210 LYONS CREEK RD 63 17 Zoning by-law amendment approved 6880 Stanley (Loretto-south tower)404 18 Zoning by-law amendment approved 3770 Montrose Road 275 19 Draft approved subdivision Riverfront 371 20 Zoning by-law amendment approved Old McLeod Rd 35 21 Zoning by-law amendment approved 5920 Dunn St 102 22 Draft approved subdivision Sodom Rd - Pt Lot 19 Con 2 Willoughby POLOCORP- under appeal 18 23 Zoning by-law amendment approved 7277 Wilson Cr 27 24 Zoning by-law amendment approved 5647-5669 Main Street 107 25 Zoning by-law amendment approved 6035-45 McLeod Rd 39 26 Zoning by-law amendment approved 7191 Alex Av 104 27 Zoning by-law amendment approved 6880 Stanley (Loretto-north tower)362 28 Zoning by-law amendment approved 4749 Morrison St 11 29 Draft approved subdivision Chippawa East 246 30 Zoning by-law amendment approved 2853 Dorchester Rd 16 31 Draft approved subdivision- at registration stage Garner 15 32 Draft approved subdivision 6642 St Thomas More 18 33 Zoning by-law amendment approved Montrose Rd 200 34 Zoning by-law amendment approved 2430 St Paul Av 101 35 Draft approved subdivision Sodom Rd - Pt Lot 19 Con 2 Willoughby POLOCORP- under appeal 45 36 Zoning by-law amendment approved 5360 Royal Manor 25 37 Zoning by-law amendment approved 3846 Portage Road 39 38 Draft approved subdivision Chippawa East 580 39 Zoning by-law amendment approved 6880 Stanley (Loretto-centre tower)254 40 Draft approved subdivision Garner 46 41 Draft approved-vacant land condominium 6353 Carlton Avenue 32 42 Zoning by-law amendment approved 5360 Royal Manor 5 43 Zoning by-law amendment approved 4118 Main St 21 44 Draft approved-vacant land condominium Hawkins Street (Habitat for Humanity)18 45 Draft approved-vacant land condominium 6400-20 Kalar Rd 29 46 Zoning by-law amendment approved; Site Plan circulated Mountain Rd 36 47 Draft approved subdivision 6642 St Thomas More 12 48 Draft approved-vacant land condominium 5678 Dorchester Road 67 49 Zoning by-law amendment approved 5756 Ferry St 96 50 Draft approved-vacant land condominium 5269 Van Alstyne Place 19 51 Zoning by-law amendment approved 6622-60 McLeod Rd 60 52 Draft approved-vacant land condominium 5610-5360 Dorchester 19 53 Draft approved-vacant land condominium Mears Cresc (King George Village)45 54 Draft approved-vacant land condominium condominium 6894 Garner Road 6 55 Draft approved-standard condominium; Site Plan & Zoning by- law amendment approved 4735 Pettit Street 82 56 Draft approved subdivision Sodom Rd - Pt Lot 19 Con 2 Willoughby POLOCORP- under appeal 20 57 Zoning by-law amendment approved 7711 & 7725-7739 Drummond Rd 40 58 Draft approved subdivision Sodom Rd - Pt Lot 19 Con 2 Willoughby POLOCORP- under appeal 18 59 Zoning by-law amendment approved 5613, 5631-5633 Victoria (Victoria/Walnut)758 60 Zoning by-law amendment approved NE corner McLeod/Kalar 483 61 Zoning by-law amendment approved; Site Plan registered 8056 McLeod Rd 125 62 Zoning by-law amendment approved NW corner Dunn Street and Stanley Av 275 63 Zoning by-law amendment approved; Site Plan registered SE corner Mountain & Mewburn minus 3 block towns constructed 60 64 Draft approved-Vacant land condominium condominium 2294 Thompson Road 59 65 Zoning by-law amendment approved McLeod, E of Alex Ave 143 66 Draft approved subdivision Riverfront 389 Total 8757 Note: Map Id #14 was removed as it is a planned retirement facility Last Updated: 1/13/2023 Page 12 of 12 Page 338 of 605 234-2023-711 February 13, 2023 Your Worship Mayor Jim Diodati City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls ON L2E 6X5 jdiodati@niagarafalls.ca Subject: Municipal Housing Targets and Municipal Housing Pledges City of Niagara Falls: 8,000 Dear Mayor Diodati, I would like to congratulate you on your re-election in the City of Niagara Falls last fall. With last year’s municipal and provincial elections now behind us, Ontarians are counting on us to work together productively and build a relationship of trust that delivers for the people we represent. The lack of housing supply has become one of the defining issues in Ontario today, and I know it was just as prevalent in last year’s municipal elections as it was for those of us on the provincial level. Our government is taking bold and transformative action to get 1.5 million homes built by 2031. That’s why, last October, our government introduced our More Homes Built Faster Plan. The plan contains practical measures that will have a real impact on our communities, reduce costs for homebuyers, and encourage the development of more housing supply. These measures included municipal housing targets and pledges. While municipalities have taken significant steps in increasing the housing supply, our government requires a commitment from our municipal partners to take extra effort in providing housing for future population growth. To implement the 1.5 million homes target, large and fast-growing municipalities, including yours, are being assigned a Municipal Housing Target. Via your municipal Clerk in last October, I asked the City of Niagara Falls to demonstrate your commitment to accelerating housing supply by developing a Municipal Housing Pledge and taking RMinistry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto ON M7A 2J3 Tél. : 416 585-7000 Page 339 of 605 the necessary steps to facilitate the construction of 8,000 new homes in your community by 2031. I would like to inform you that the Ministry of Municipal Affairs and Housing is extending the deadline for the submission of municipal housing pledges from March 1, 2023, to March 22, 2023, in response to requests from some of our municipal partners. As I stated in my previous letter, pledges will provide important information that showcases the strategies and actions that municipalities choose to adopt in order to prioritize and accelerate housing. Our government intends to use your pledges to monitor and track progress so we can continue to play a role in supporting municipalities and removing barriers to housing development. Please see the information sheet attached again to this letter for information and considerations in developing a Municipal Housing Pledge. We are committed to addressing the policy and implementation barriers you may encounter as you develop your pledges and I encourage you to reach out to Wendy Ren, Executive Lead, Municipal Policy/Program Collaboration, at Wendy.Ren@ontario.ca or 437-995-7094, if you have any questions, comments, or suggestions. Please acknowledge receipt of the letter to Wendy Ren as well. I look forward to working together to increase housing supply for all Ontarians. Sincerely, Steve Clark Minister Encl. c: Kate Manson-Smith, Deputy Minister Ryan Amato, Chief of Staff, Minister’s Office Michael Parsa, Associate Minister of Housing Joshua Paul, Assistant Deputy Minister, Housing Division Sean Fraser, Assistant Deputy Minister, Planning and Growth Division Wendy Ren, Executive Lead, Municipal Policy/Program Collaboration Jason Burgess, CAO Bill Matson, Clerk Page 340 of 605 Info Sheet: Considerations in Developing Municipal Housing Pledge The pledge is not intended to be a land-use planning document, and its development should not require external technical expertise. The format and language used in the pledge should be accessible to the general public. The pledge is intended to be approved by municipal councils and should help codify Council’s commitment to meeting their municipal housing target. Municipalities can leverage new and existing policy tools as they develop housing pledges and work towards their housing targets. Below is a non-exhaustive list of potential strategies and actions that municipalities may include in developing their housing pledges. There may be additional opportunities based on local circumstances and the Province is interested in hearing about those ideas and creative solutions. • Strategies to encourage and promote gentle intensification to enable and expedite additional residential units in existing residential areas • Outline ways in which funding under provincial programs, such as the Streamline Development Approval Fund (SDAF) or Municipal Modernization Program (MMP), has been used to streamline existing municipal development approval processes • Information on municipal development approval timelines and whether municipalities are being appealed for non-decisions • Identify potential measures where current lack of infrastructure capacity (e.g., water/wastewater servicing) may limit future housing development • Strategies to use municipal surplus lands • Commitment to plan for, fund, and approve (where applicable) specific critical municipal infrastructure to support growth and new housing (e.g., water, wastewater, transit etc.), which may include expanded capacity as well as fully new facilities/assets • Priorities for strategic and site-specific planning decisions to expedite housing in priority areas (e.g., around transit stations and in transit-serviced areas) • Update zoning by-laws to permit a greater range of housing to be built without the need for costly and lengthy rezoning applications • Municipalities may also consider existing tools such as the Community Infrastructure and Housing Accelerator, Community Planning Permit System, Major Transit Station Areas, and Protected Major Transit Station Areas. Below are some of the potential components of a municipal housing pledge. Municipalities are free to choose, alter, or add any new components that seem reasonable. Pledges can be represented in the form of plain text, tables, charts, maps, or a combination of them. Page 341 of 605 • Municipal Housing Target • Planned and proposed Municipal Initiatives • Initiative Owner and Additional Stakeholders • Context and Description of How Initiative Accelerates Housing • Number of units per initiative and housing type • Considerations (Barriers, Implementation, Risks, etc.) • Potential Mitigation Strategies and Proposal to Accelerate Housing • Potential Reporting and Monitoring Measures The deadline for municipalities to submit housing pledges to the Minister of Municipal Affairs and Housing is March 1, 2023. Municipal housing pledges are intended to be public documents and it’s anticipated that municipalities will post them online. Municipalities can contact Ministry staff with any questions and for clarification. Page 342 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-17 Saturday, February 25, 2023 7.8 PBD-2023-14 Municipal Housing Target and Municipal Housing Pledge Council, It is recommended to approve staff recommendations. This is good. You forgot to mention the old GNGH site may be acquired for affordable housing. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. Page 343 of 605 "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 344 of 605 L-2023-05 Report Report to: Mayor and Council Date: February 28, 2023 Title: Declare Surplus of Lands 4621 St. Clair Avenue Our File No. 2022-161 Recommendation(s) 1. In the event that Council determines that it is in the public interest to do so, that 4621 St. Clair Avenue hereinafter referred to as the "Subject Lands", as shown in yellow on the attached map as Schedule "A", be permanently closed and declared surplus to the City's needs. 2. That any sale of the Subject Lands be conditional upon the lands being merged in title with the abutting lands. 3. That the City Solicitor and Chief Administrative Officer, or their designate, is authorized to execute all other documentation and take whatever steps necessary to carry out Recommendations 1 and 2. Executive Summary Description: Part Lot 9, Block BB, Plan 999-1000 (Part of PIN 64328-0050) (LT) (the “Subject Lands”) Total Area: Approximately 0.06 acres Zoning: Central Business Commercial (CB-73) Type of Property: Vacant Laneway Location: 4621 St. Clair Avenue Special Consideration: No infrastructure located on Subject Lands however it is being used by neighbouring property owners as access to the rear of their properties without a registered easement on title. Background Page 1 of 6 Page 345 of 605 The City has received a request from the Owner of 4491 and 4481 Queen Street to purchase the Subject Lands. The Owner of 4491 and 4481 Queen Street is looking to develop its property for a mixed-use commercial/residential condominium development and would like to acquire 4621 St. Clair Avenue to be included with this development. Prior to any conveyance, the Subject Lands must be declared surplus to the City's needs. The Subject Lands is a vacant lot; however, it is being u sed by adjacent land owners to access the rear of their properties. There is no formal easement registered against title to the Subject Lands. Public notice will be provided for in accordance with the City's Bylaw No. 2003-02. Analysis Information about the requested declaration of surplus was circulated to City departments for comments and/or objections. Below is a summary of the comments received to date: • Municipal Works No objections to the lands being declared surplus. • Planning Department A pre-consultation meeting was held with planning staff regarding the attached 5 - storey mixed use proposal on November 3, 2022. Planning requirements were provided to the applicant at that time. The applicant submitted a revised proposal for an 8-storey mixed use building. The revised proposal was recirculated on January 5, 2023, for City and Agency review and revised Planning requirements were provided to the applicant. In principle, Staff do not object to the purchase of 4621 St. Clair Avenue for the purpose of the developing the 5-storey mixed use building or the revised 8-storey building. Staff recommend that the sale of the municipal property be condition on Council approval of the Zoning By-law and Official Plan Amendment. Staff recommend that the sale of the municipal property be conditional on the inclusion of affordable housing units in the future development. A target rate of 40% affordable housing units should be achieved as per the City of Niagara Falls Housing Directions Study. • Fire Services No objections. Page 2 of 6 Page 346 of 605 • Transportation Services Transportation does not have any concerns if Part Lot 9 is severed and sold to this development. Although this is being u sed to access the rear of the adjacent properties, without an agreement/easement for all of these properties on the block, nothing would stop any one of the individual properties from restricting access to its neighbours, rendering the laneway unusable. If this is a concern, maybe we can place conditions on the sale to allow for access to neighbouring properties. • Recreation, Culture & Facilities No objections. Financial Implications/Budget Impact In the event that the Subject Lands are sold at their appraised value, the City will recognize a return in the amount of the sale price. Further, the Subject Lands will immediately start generating tax revenue and the City will no longer be responsible for the costs relating to maintenance of the Subject Lands. The Purchaser will be responsible for all costs relating to the sale of the Subject Lands, including, but not limited to, the public notice, reference plan and appraisal. Strategic/Departmental Alignment The proposed transaction is in keeping with Council's commitment to customer service excellence, organization efficiency and effectiveness, and the creation of a well-planned City. List of Attachments Schedule A Schedule B Written by: Nidhi Punyarthi, City Solicitor Submitted by: Status: Nidhi Punyarthi, City Solicitor Approved - 21 Feb 2023 Shelley Darlington, General Manger of Corporate Services Approved - 22 Feb 2023 Page 3 of 6 Page 347 of 605 Jason Burgess, CAO Approved - 23 Feb 2023 Page 4 of 6 Page 348 of 605 Location Map Print Date:© City of Niagara Falls 2/10/2023 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. SCHEDULE "A" Page 5 of 6 Page 349 of 605 Location Map Print Date:© City of Niagara Falls 2/10/2023 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. SCHEDULE "B" Page 6 of 6 Page 350 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-18 Saturday, February 25, 2023 8.1 L-2023-05 Declare Surplus of Lands 4621 St. Clair Avenue Our File No. 2022-161 Council, wow this is one messed up situation. Not necessarily opposed to it, just saying. Before you go off and just approve this land purchase proposal there are a few important issues here. Page 351 of 605 I would have an issue with staffs description of "Type of Property: Vacant Laneway". That sounds like it is designated and assumed to be a roadway not just a vacant lot. Staffs asserts that anyone of those laneway property owners may be able to disable access to their land and create an uncomfortable situation for the other property owners, as that does not appear to have happened after all this time, I would really want that assertion confirmed. Good to notice staff are beginning to look into registered easements. The concern of easements is from personal knowledge, I have it registered on my land title the use of adjacent city land, I cannot say the same, such that the city title has it registered that I have that easement. Researching possible easements on titles of properties that could be affected by the Declare Surplus of Lands process should be made mandatory. The applicant should be made to provide this information, its easy enough from the land title registry to do so. At the moment staff have only stated that the subject land has no easement on its title. If for some reason one of those properties do have such an easement and that development occurs, well that's going to be one costly mistake. We have the infamous 4500 Park St. property adjacent to this lot. Is it in the city's best interest to give up the possible use of this adjacent property? I don't sense that is a common thing to do. The redevelopment proposal sounds really appealing but there are some complications there. It was mentioned in the proposal so I will elaborate on it. The proposed scaling of the development compared to the surrounding buildings is going to be a big hurtle to overcome. My building is five stories and it dominates the surrounding area, tack on three more for this build and you may sense the resistance that may occur from surrounding property owners. The zoning and OP amendments staff are referring to would be, at least, needed to allow greater than four story builds, the current maximum permitted, and to eliminate or reduce drastically the requirement for parking for the fourth, fifth, sixth, seventh and eighth floors, these floors are not exempt like the first, second and third. That is a lot of required parking to reduce. I'm just guessing but perhaps 50 or 60 required parking spaces for a development that size. The parking issue sounds like quite the planning complication considering there is literally no off-site parking available at that location. The 4621 St. Clair Avenue lot itself appears to only support 10 parking spaces max considering its not consumed in the actual development or encumbered. Page 352 of 605 It is recommended to approve the request provided some of staffs other recommendations are adhered to, that being .... 1) Staff recommend that the sale of the municipal property be condition on Council approval of the Zoning By-law and Official Plan Amendment. 2) Place conditions on the sale to allow for access to neighboring properties if it is demonstrated that such access is an established right. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 353 of 605 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 354 of 605 MW-2023-04 Report Report to: Mayor and Council Date: February 28, 2023 Title: Bell Canada Fibre Internet Expansion in the City of Niagara Falls Recommendation(s) 1. That Council support Bell Canada's plan to expand their fibre network throughout the city. 2. That Council delegate authority to the General Manager of Municipal Works to execute the Service Level Agreement between Bell Canada and the City of Niagara Falls, provided it is acceptable to the City Solicitor. Executive Summary Bell Canada (Bell) is prepared to move forward with a multi-year project to bring fibre optic networking directly to the residents of the City of Niagara Falls (City). The total investment is projected to be $75 million which will be completely funded by Bell with no expectation for the City to contribute public funds. Bell has worked with City staff to prepare a Service Level Agreement (SLA) that is intended define the expectations and workflow processes for both parties. In order to accommodate the increased demands this project will place upon the City’s permitting and inspection processes the SLA provides for two (2) full-time staff to be hired by the City that will be dedicated solely to this project. All costs for these staff are to be covered by Bell. Staff recommends that Council delegate authority to the General Manager of Municipal Works to execute the SLA provided it is acceptable to the City Solicitor. Background Bell reached-out to the City of Niagara Falls in 2022 to begin discussing their plan to roll- out their latest fibre networking technology within the city. Bringing fibre connectivity directly to homes and businesses enables exciting advancements such as whole -home Wi-Fi, low latency, fast upload and download speeds, and the ability to connect a multitude of devices. Bell currently offers fibre service to over 7,000 locations throughout the city, and this expansion will increase that to over 39,000+ (see attachment). The project is planned to begin in the second quarter of 2023 with completion targeted for 2026. Page 1 of 10 Page 355 of 605 Analysis The process of reviewing and overseeing the installation and maintenance of communications and utility infrastructure in the city is handled by the Municipal Works Department through Municipal Consents (MC). Currently, this work is managed by the Construction Services Supervisor and one (1) Municipal Works Inspector. Under regular operating conditions, the team can be pushed to their limits of capacity when multiple MC’s and permit requests are made. In order to be able to review and approve the submissions from Bell for this project, which will be much larger in scope and frequency than typical MC's, dedicated staff will be needed. The SLA provides for the hiring of two (2) full-time staff, on a contract basis, to work on this project as follows: 1. Utilities Special Project Coordinator 2. Utilities Special Project Inspector The primary role of the coordinator will be to review and approve the MC's while the Inspector will be based in the field overseeing and documenting the construction process. These staff will be hired by the City, report to the Construction Services Supervisor, and work at City Hall or another City facility. All employment costs will be paid by Bell per the SLA. The City is not required to contribute public funds for additional staff. The construction will involve installing fibre optic cables by trenchless methods wherever possible in order to minimize disruption to residents and businesses and to reduce restoration requirements. The SLA outlines the City’s expectations in terms of public communications and restoration of disturbed areas of our property. Bell is committed to meeting these expectations by providing notice to residents before construction commences, timely responses to any inquiries, questions and concerns, and rapid and thorough restoration. Attached to this report is a presentation that Bell has authorized the City of Niagara Falls for public release. Operational Implications and Risk Analysis The addition of dedicated staff to facilitate this project means the operational impact is expected to be minimal. A road occupancy permit will be issued to Bell at the beginning of each construction year. The permit will require Bell to provide proof of insurance to the City in accordance with the terms of the permit. Financial Implications/Budget Impact The City is not required to contribute public funds to this project Page 2 of 10 Page 356 of 605 List of Attachments Attachment No. 2 - Bell Slide Deck Written by: Eric Lallouet, Senior Project Manager/Construction Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 22 Feb 2023 Jason Burgess, CAO Approved - 22 Feb 2023 Page 3 of 10 Page 357 of 605 Delivering Canada’s best network for the residents of Niagara Falls Bell Canada Network Planning Niagara Falls Broadband Plan 2022 / 10 / 19 Page 4 of 10Page 358 of 605 Page 2 | CONFIDENTIAL The information contained herein is proprietary to Bell Canada, and it shall not be used, reproduced or disclosed to others except as specifically permitted in writing by the proprietor. The recipient of this information, by its retention and use, agrees to protect the same from loss, theft or unauthorized use. CONFIDENTIAL Page 5 of 10Page 359 of 605 Page 3 | CONFIDENTIAL Fast response time A technology with low latency, perfect for streaming and gaming Future-proof A service that will keep getting faster and that is ready for the advancements of tomorrow Connect tons of devices All the speed you need for your smartphones, tablets, computers, and all the connected devices in your home 100% fibre straight to your home The best and fastest network technology Whole-home Wi-Fi The first and only Internet provider that brings smart and fast Wi-Fi to every room of your home Faster upload speeds A large selection of speeds that are as fast whether you’re downloading or uploading – only from Bell Bell’s fibre network delivers the best broadband Only pure fibre Internet from Bell gives you all of this: Supports flexible education and employment opportunities for residents Fibre enables a robust suite of next-generation services including IoT and automation Bell fibre offers an upgrade alternative to pre-existing services Fibre networks are more reliable and require less maintenance and repair Fibre networks greatly reduce carbon footprint 3 Gbps Symmetrical Speeds Page 6 of 10Page 360 of 605 Page 4 | CONFIDENTIAL Bell’s plan brings fibre connectivity to 90% of Niagara Falls homes and businesses Current Fibre Coverage Future Fibre Coverage Locations Coverage Fibre 39.1K 16% Planned Fibre - - Wireless Home Internet 0.6K 1% Denials or Exclusions 3.8K 9% Locations Coverage Fibre 7.1K 16% Planned Fibre 32.0K 74% Wireless Home Internet 0.6K 1% Denials or Exclusions 3.8K 9% 39K+ locations to have access to speeds up to 3 Gbps by end of program SECTION REDACTED FOR CONFIDENTIALITY PURPOSES Page 7 of 10Page 361 of 605 Page 5 | CONFIDENTIAL 43.5K 32.0K 3.8K 7.1K 7.7K Total Locations Denials and Exclusions Fibre Enabled Locations in Plan 0.6K With city support, Bell can accelerate fibre deployment $72M+ Planned Investment Wireless Home Internet Fibre-to-the-Home Bell’s plan accelerates to 2K+ homes and businesses in 2023 with program completion in 2026 SECTION REDACTED FOR CONFIDENTIALITY PURPOSES Page 8 of 10Page 362 of 605 Page 6 | CONFIDENTIAL Party Keys to Success City • Quick, consistent permit turnaround (resourcing) • Consistent, reasonable expectations for designs and running lines • Streamlined utility circulation and red-line process • Alignment on direct buried drop wire architecture • Capital works coordination • Reasonable equipment placement guidelines Hydro • Quick permit turnaround • Expedited make-ready work Region • Expedited permit turnaround Bell • Expeditious action on resident inquiries • Solid communication process with residents and city • Rapid and thorough restoration • Dedicated Bell field staff • Support for dedicated permitting resources Keys to success for the Niagara Falls fibre build Winning conditions = faster, more efficient fibre broadband roll out Bell’s Ask •Support for Bell’s broadband investment •Meeting with operational staff to discuss process, resourcing, etc. •Commitment on permitting and construction volume Page 9 of 10Page 363 of 605 Page 7 | CONFIDENTIAL Thank You!Page 10 of 10Page 364 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-19 Saturday, February 25, 2023 8.2 MW-2023-04 8.3 MW-2023-06 8.4 PBD-2023-11 It is recommended to approve staffs recommendations. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 365 of 605 MW-2023-06 Report Report to: Mayor and Council Date: February 28, 2023 Title: Assumption of Various Subdivisions Recommendation(s) That City Council formally assume Warren Woods Phase 4 Stage 2; Plan 59M -441 and Oldfield Estates Phase 3; 59M-425. Executive Summary Final assumption of the subdivision referenced herein is recommended on the basis that the developer has fulfilled their obligations under the Subdivider’s Agreement. Upon final assumption, all remaining securities shall be released to the Subdivider and the City shall assume responsibility for the operation and maintenance of the municipal infrastructure within the subdivision. According to the terms in the Subdivider’s Agreement, the City shall issue a ‘Certificate of Assumption’ for the following subdivision: Subdivision Registration Plan Warren Woods Phase 4 Stage 2 59M-441 Oldfield Phase 3 59M-425 Background Subdivider Agreements are entered into between the developer of a new subdivision and the City to ensure that the requirements of the City and external agencies are satisfied and that securities are provided where necessary. The outliAgreements municipal that ensure to the developer’s ne obligations infrastructure is constructed in accordance with the approved engineering drawings and in compliance with applicable standards. Prescribed maintenance periods are defined to ensure that construction deficiencies are identified and remedied prior to the City assumption. Final assumption defines that date when remaining securities are released to the Subdivider of municipal the responsibilities all and maintenance and operation infrastructure within the subdivision is assumed by the City. Following formal assumption and in accordance with the terms within the Subdivider’s Agreement, issue shall City the a Assumption’of ‘Certificate the to respective Subdividers. Analysis Page 1 of 5 Page 366 of 605 The developer has fulfilled the obligations as described within their Subdivider Agreement and as such the following subdivision is recommended for Final Assumption: MW File # Subdivision Registration Plan 2016-358 Warren Woods Phase 4 Stage 2 59M-441 93-284 Oldfield Phase 3 59M-425 The municipal infrastructure within this subdivision has been inspected and deemed to have been constructed in accordance with the approved engineering drawings and in compliance with applicable standards. The required construction maintenance periods have expired. New Municipal Infrastructure (Assets) Through the assumption of the noted subdivisions, the City will assume responsibility for the operation and maintenance of the municipal infrastructure summarized below. Length of Municipal Asset +/- (m) Subdivision Roads Sidewalks Storm Sewer Sanitary Sewer Watermain Warren Woods Phase 4 Stage 2 820 945 792 867 892 Oldfield Phase 3 155 0 153 148 243 Total Length of Asset (m): 975 945 940 1015 1162 Based on the above inventory the City is preparing or has prepared to assume close to $2.0M worth of new core assets. The City is responsible for the full lifecycle cost accounting and funding of these assets including inspection activities, operati ons & maintenance activities, capital rehabilitation programming and eventually capital replacement. Operational Implications and Risk Analysis Annual Operational Maintenance has been initiated with the original registration of the developments. Future Capital renewals for municipal assets located within the road right-of-way shall be budgeted for and in accordance with, asset lifecycle rehabilit ation programming, LOS and policy statements, and related asset management plans. Financial Implications/Budget Impact Following the formal assumption of the subdivision as described herein, a Certificate of Assumption will be issued to the Subdivider and all remaining securities shall be released. Operations and assumption subdivision the staff advised be will circulated of infrastructure details for maintenance purposes. Page 2 of 5 Page 367 of 605 Strategic/Departmental Alignment Implementation of these works meets the intent of Council’s Strategic Priorities to establish infrastructure investment priorities and to strengthen and promote economic development within the City. List of Attachments Location Plan – Oldfield Estates Phase 3 Location Plan - Warren Woods Phase 4 Stage 2 Written by: Nick Golia, Senior Project Manager/Development Submitted by: Status: Erik Nickel, Director of Municipal Works Approved - 22 Feb 2023 Jason Burgess, CAO Approved - 22 Feb 2023 Page 3 of 5 Page 368 of 605 FernAvSan d y C t Susan C r Cooper Dr Charlotte St Jill Dr Lionshead AvDrummond RdWilson Cr Dores Dr Mccartney Dr Ells w o r t h P l Clendenning StCoulson Cr TrilliumC r Barbara Dr PenderStThamesCrSootheran Dr S a m Io rfi d a D r ShawStWilley StHeximerAvCole Ct Nathan CrHa nni wel l StEaglewoodDr M e r ri tt Av Oldfield Rd Location Plan Oldfield Phase 3 F Date Saved: 1/5/2023 Path: K:\GIS_Requests\2023\Custom\MunWks\SubdAssumption.aprx Subdivision Boundary Page 4 of 5 Page 369 of 605 Hackberry TlBuckeyeCr Brown RdShadbush LnHeartland Forest RdWhite Pine Cr Location Plan Warren Woods Phase 4 Stage 2 F Date Saved: 1/5/2023 Path: K:\GIS_Requests\2023\Custom\MunWks\SubdAssumption.aprx Subdivision Boundary Page 5 of 5 Page 370 of 605 PBD-2023-11 Report Report to: Mayor and Council Date: February 28, 2023 Title: Development and Housing Monitoring Report: 2022 Year in Review Recommendation(s) That Council receive the Development and Housing Monitoring Report that reviews the status of development and growth management activity in the City for the year 2022. Executive Summary This report informs Council about development and growth management activity that occurred in the City during 2022. The report utilizes statistics compiled from a variety of sources on different aspects of development activity in the City of Niagara Falls. As part of the strategy to manage and plan for the City's future, the report provides hard data to show where and what types of housing are being constructed and to provide insight with respect to the type of housing that will be needed in the future to accommodate the City's growing, yet changing population. 2022 was a slower year for building activity in the City as reflected in the following statistics: • Residential building permits decreased by 34% from 2021 as the City issued 564 permits in 2022 down from 860 permits in 2021. • Planning applications were down 13% from the previous year (148 in 2021 vs 129 in 2022), • Pre-consultation applications were up from 162 in 2021 to 256 in 2022. With respect to By-law Services, the following is a statistical summary for 2022: • Property standards complaints were up 10% in 2022 (409) from 2021 (372) and 116 orders were issued. • By-law Services responded to 1,969 complaints which was a slight decrease from 2021 when 2,053 complaints were received. • Building Code orders were up in 2022 to 146 over 103 orders issued in 2021; • Rodent rebates were up in 2022 to 114 over 71 rebates given in 2021. • SPCA overall statistics were down 10% from 2021. Going forward, housing information will be reported quarte rly throughout the year. This will assist in tracking additional information including planned, purpose built rental units and affordable housing units. Page 1 of 22 Page 371 of 605 Analysis The report provides Council with an overall summary of growth, building and development activity that occurred in Niagara Falls in 2022. The collection and reporting on key growth and development trends enables staff and Council to make more informed decisions with respect to infrastructure projects, housing and land needs requirements for the City. In addition, it allows for a benchmarking of servicing levels. Quarterly reporting is expected to begin this year which will allow tracking of additional housing information including planned, purpose built rental units and affordable housing units. An examination of the attached Development and Housing Monitoring Report (Attachment 1) highlights a number of key findings. Population The 2021 Census records an official population of 94,415 people which is a 7.2% increase from the 2016 population of 88,071 people. Niagara Regions' new Official Plan projects that the City's population will be 141,650 people by 2051 driven primarily by international and intra-provincial migration and not by natural increase. Further, statistics indicate the median age in Niagara Falls is increasing and it is expected that the majority of growth in the City's population will be seniors. Residential Development: Building Permits Residential building permits were down 34% over 2021. Niagara Falls issued 56 4 residential building permits in 2022 as opposed to 860 residential building permits in 2021. Townhouse dwellings continue to be the dominant housing type for which building permits were issued (75%). It is noted that only 23% of the permits issued were for single-detached dwellings. The remaining 2% were issued for semi-detached dwellings. Residential Development: Starts and Completions In 2022, 600 housing units were started (the beginning of the housing construction cycle) and 846 housing units were completed in Niagara Falls. Though there is not a direct correlation between housing starts and completions, the increased number of completions in 2022 may have been reflective of the rebounding of the building industry as the end of the pandemic nears. Non-Residential Development: Industrial, Commercial and Institutional The value of new Industrial, Commercial and Institutional (ICI) construction in 2022 was $24.8 million. The City experienced an approximate 50% increase in ICI construction permit values over 2021 ($10 million) primarily due to the construction of a warehouse ($11 million) that increased the overall total value of ICI building permits. Page 2 of 22 Page 372 of 605 Real Estate Market The real estate market in Niagara Falls weakened slightly in Niagara Falls for 2022 with a 12% decrease in the average price for residential real estate. The average price for a house in Niagara Falls in 2022 was $617,100. Rental Vacancy Rate The rental market in Niagara Falls has increased since 2021 as the vacancy rate in 2022 was 2.7% which is up from 1.9% in 2021. A vacancy rate of 3% has traditionally been accepted as providing sufficient housing choices for tenants. Land Supply With a supply of 1,780 draft approved and 877 registered units, the City has a 4.8 year supply of readily developable land which exceeds the 3 year minimum Provincial requirement. From the boundary expansions received through the recently approved Niagara Region's Official Plan, which includes three (3) areas, plus (1) one additional area included by the Province, the City has a sufficient land supply for the next 20 years. Intensification Continuing the trend from 2021, the majority of development in the City was within the Built Area Boundary. At an intensification rate of 74%, the City continues to exceed the Region's Official Plan target of 50% for Niagara Falls. 2022 Planning Applications During 2022, Planning and Development staff have processed the following numbers and types of applications: • 5 Draft Plan of Condominium applications (8 in 2021) • 31 Zoning By-law Amendment applications (includes Official Plan amendments) (30 in 2021) • 16 Site Plan applications (10 in 2021) • 47 Minor Variances (66 in 2021) • 30 Consent applications (34 in 2021) • 256 Pre-consultations (162 in 2021) By-law Services Statistics By-law Services received a number of complaints across the various areas that they monitor. The following are the numbers of complaints received in 2022: 409 Property Standards complaints (372 in 2021) 1,969 By-law complaints over the various areas covered by City by-laws (2053 in 2021) 262 Building Code orders were issued (103 in 2021) 165 Compliance letters were written (173 in 2021) Page 3 of 22 Page 373 of 605 SPCA Statistics 2,168 calls received (2421 in 2021) 523 Animals taken in (778 in 2021) 455 Adoptions (490 in 2021) 117 Animals claimed (146 in 2021) Future Outlook (next 2-5 years) Industrial/Commercial/Institutional In the future, it is anticipated that Industrial construction values will increase with the approval of the new Grassy Brook secondary plan and the subsequent construction of new industrial developments. Residential There are approximately 8,757 residential units over 63 sites that have received approval, both draft plan and zoning by-law, in previous years yet remain unbuilt. The largest developments by unit numbers are typically multi-storey with the largest three developments containing 1,020 units, 889 units and 758 units. Land Supply There is proposed development of four greenfield secondary plans that will establish complete communities in the four urban expansion areas (Northwest/Club Italia, Garner West, New Hospital South and Kalar Road West) that Niagara Falls received with the approval of the Niagara Region Official Plan in the Fall of 2022. As well the City will be proactively undertaking a secondary plan for the redevelopment of the existing Greater Niagara General Hospital site so that it is shovel ready for redevelopment when Niagara Health vacates this site for the new South Niagara Falls Hospital campus. Population With the population in the area trending more to the senior age group, the proposed new hospital will be well positioned to handle increased need for medical services. As well, with an aging population there will be a greater need for and use of the region-wide transit system. Financial Implications/Budget Impact This report has no direct financial implications for the City, however, metrics contained in this report help inform the City's financial strategies. The increased development activity combined with an increasing property assessment has a direct impact on tax revenue collected by the municipality. Strategic/Departmental Alignment The development of an annual Development and Housing Monitoring Report is consistent with the City's Strategic priority of a Vibrant and Diverse Economy. Page 4 of 22 Page 374 of 605 List of Attachments 2022 Housing Monitoring Report Written by: Peggy Boyle, Assistant Planner Submitted by: Status: Andrew Bryce, Manager, Current Planning Approved - 21 Feb 2023 Jason Burgess, CAO Approved - 22 Feb 2023 Page 5 of 22 Page 375 of 605 0 2022 Year in Review Planning, Building & Development 2/13/2023 Niagara Regional Housing Community Housing Development Hawkins Street DEVELOPMENT & HOUSING MONITORING REPORT Page 6 of 22 Page 376 of 605 1 Development & Housing Monitoring Report 2022 Year in Review Table of Contents SECTION 1 POPULATION ....................................................................................................................... 2 SECTION 2 BUILDING PERMIT ACTIVITY .............................................................................................. 4 RESIDENTIAL CONSTRUCTION ......................................................................................... 4 RESIDENTIAL STARTS AND COMPLETIONS .................................................................... 5 INDUSTRIAL/COMMERCIAL/INSTITUTIONAL CONSTRUCTION ...................................... 6 TOTAL BUILDING PERMIT ACTIVITY: NEW AND ALL CONSTRUCTION .......................... 7 SECTION 3 REAL ESTATE AND RENTAL MARKET ............................................................................... 9 RESIDENTIAL REAL ESTATE MARKET ............................................................................. 9 VACANCY RATES & AVERAGE RENTAL COSTS .............................................................. 9 SECTION 4 LAND SUPPLY ................................................................................................................... 10 DRAFT PLANS OF SUBDIVISION ..................................................................................... 10 REGISTERED PLANS OF SUBDIVISION .......................................................................... 11 SHORT TERM LAND SUPPLY........................................................................................... 12 LONG TERM LAND SUPPLY – VACANT LAND ................................................................ 12 INTENSIFICATION RATE .................................................................................................. 12 SECTION 5 STATISTICAL SUMMARY ................................................................................................. 14 PLANNING SUMMARY ...................................................................................................... 14 BUILDING SUMMARY ....................................................................................................... 14 Page 7 of 22 Page 377 of 605 2 SECTION 1 POPULATION The 2021 Census recorded a population of 94,415 people in the City of Niagara Falls which is a 7.2% increase from the 2016 population of 88,071 (or 6,344 people) (Figure 1). Statistics Canada projected a population estimate for the City of Niagara Falls as of July 1, 2022 to be 99,0071 people. Immigration, Refugees and Citizenship Canada reported issuing 25% more international study permits for temporary residents in 2022 than in 2021, as post secondary institutions moved back to in-person classes. Immigration continues to be a source of population growth as there were 2,225 permanent residency visas issued in the St. Catharines Niagara CMA. (CMHC St Catharines-Niagara Rental Market Report, January 2023) Figure 1 Source: Statistics Canada Niagara Region, through its new Official Plan provided the City of Niagara Falls with a population target of 141,650 people by the year 2051. While Niagara Falls is projected to be considerably larger in 2051, the City’s age composition will be greatly different. Figure 2 illustrates that the largest increase in the population will be in the age category 65-100 years. Such a large growth in the senior population will put increased pressure on the City’s services, programs and facilities. Further, the aging population will also have impacts on transportation, housing mix and community design going forward. Figure 2 Source: Niagara Region Population Projections 2041 (2051 Age-Composition not yet available) 1 Source: Stats Canada Population Estimate for Niagara Falls as of July 1, 2022 Table 17-10-0142-01, Population estimates July 1, by Census subdivision, 2016 boundaries. 76,917 78,815 82,184 82,997 88,071 94,415 141,650 1996 2001 2006 2011 2016 2021 2051Population Census Year Niagara Falls Population by Census Year 0 10,000 20,000 30,000 40,000 0-19 20-39 40-64 65-100Population Age in Years Change in Age Composition by 2041 2016 2041 Page 8 of 22 Page 378 of 605 3 SECTION 1 POPULATION Household size in the City of Niagara Falls has decreased over time from 3.0 persons per household in 1996 to 2.5 persons per household as reported in the 2021 Census. The decrease in household size is due to a number of factors that include a slowdown in family formation, an increase in the number of lone parent families and more people living alone. It is expected that this trend will continue into the future and was confirmed in the 2021 Census results. With an ever decreasing household size and the fact that currently 66% (2021 Census data) of all dwellings in Niagara Falls are single detached (consisting of multiple bedrooms), it can be concluded that Niagara Falls is over-housed. The City’s current population of 94,415 people represents a 20% share of Niagara Region’s total population of 477,941 for 2021. The City’s projected population of 141,650 people (Figure 1) will represent 21% of the Region’s 2051 forecasted population of 694,000 people. Generally speaking, the proportion of the City’s population relative to the Niagara Region’s population as a whole through 2051 is expected to remain the same. (Figure 3) Figure 3 Source: Niagara Region, Growth Forecast 205 Page 9 of 22 Page 379 of 605 4 SECTION 2 BUILDING PERMIT ACTIVITY RESIDENTIAL CONSTRUCTION Building permit activity is a standard indicator of local investment and local economic activity. The effects of the continuing Covid-19 Pandemic resulted in the City of Niagara Falls issuing 564 residential building permits in 2022 compared to 860 permits issued in 2021, a 34% decrease and the lowest number permits issued per year since 2019 (292). (Figure 4) Figure 4 Source: Niagara Falls Building Permits The composition of building permits issued in 2022 was not as balanced across residential building types as in recent years. In 2022, 75% of the permits issued were for townhouses, 23% for single-detached and 2% for semi-detached units. Most notable, there were no apartment units created in 2022. The construction of townhouse units continues to reflect an increasing trend to intensify and further diversify the City’s housing supply and may be reflective of the cost of housing and people’s ability to pay. Figure 5 Source: Niagara Falls Building Permits Page 10 of 22 Page 380 of 605 5 SECTION 2 BUILDING PERMIT ACTIVITY RESIDENTIAL CONSTRUCTION The chart below shows that over the past 12 years the number of building permits issued has not been consistent however, it is important to note that the rate of growth (10 year average) has continued to accelerate since 2016. In the past, single detached housing has dominated new construction followed by townhouse units. Since 2017, single detached housing has represented a smaller percentage of the total number of residential units built in the City as more semi, townhouse and apartment units have been constructed. It is anticipated that as the cost of land rises along with the cost of new housing, this will continue to reduce the proportion of single detached dwellings constructed in the City. (Figure 5 & 6) Figure 6 Source: Niagara Falls Building Permits RESIDENTIAL STARTS AND COMPLETIONS Housing starts are the beginning of the housing construction cycle and completions are the end of the construction cycle. It should be noted that there is not a direct co-relation between housing starts and the number of units created through issued building permits. For example, there may be a time lag (up to six months) between the issuance of a building permit by the City and when a residential unit is started for construction. In 2022, the number of residential housing starts (all types) was 600, a minimal decrease from 602 units started in 2021. Housing starts in 2022 continued to rebound from a low in 2018 as increased housing costs in the Greater Toronto and Hamilton area have encouraged people to seek less expensive housing in the surrounding communities such as Niagara Falls. The highest number of housing starts in Niagara Falls occurred in 2016 and 2017. Residential completions more than doubled from 2021 as the number of residential units completed increased from 385 units in 2021 to 846 units completed in 2022. The increased number of housing completions in 2022 may have been reflective of the rebounding of the building industry as the economy strengthens and the end of the pandemic nears. (Figure 7) Page 11 of 22 Page 381 of 605 6 SECTION 2 BUILDING PERMIT ACTIVITY Figure 7 Source: Niagara Falls Building Permits INDUSTRIAL/COMMERCIAL/INSTITUTIONAL CONSTRUCTION In 2022, the City experienced an increase in the value of new Industrial/Commercial/Institutional (ICI) construction. The value of new ICI construction in 2022 was approximately $24.8 million which was a 50% increase over the 2021 ICI value of $10 million. A new warehouse project on Blackburn Parkway ($11 million) was the single largest permit issued and was largely responsible for the increase in permit value in 2022. (Figures 8 & 9) Figure 8 Source: Niagara Falls Building Permits Page 12 of 22 Page 382 of 605 7 SECTION 2 BUILDING PERMIT ACTIVITY 2022 TOP INDUSTRIAL/COMMERCIAL/INSTITUTIONAL BUILDLING PERMITS Project Building Permit Value New warehouse (Blackburn Parkway) $11 M Westlane Highschool alteration $6 M New retail store (McLeod Road) $5 M Wastewater Treatment Plant improvements $3.3 M Figure 9 Source: Niagara Falls Building Permits TOTAL BUILDING PERMIT ACTIVITY: NEW AND ALL CONSTRUCTION The total value of new construction activity in the City in 2022 was $218.6 million (Figure 10) which is slightly lower than the 2021 value of $263 million. In 2022, residential construction represented 89% of the value of new construction ($194 million) followed by industrial at 7% ($15 million), and commercial at 3% ($5.9 million) and institutional at 1% ($3.4 million). A key observation is that in spite of the economic uncertainty brought on by the Covid-19 pandemic, the City’s construction activity remained quite buoyant, albeit it is residential construction as opposed to ICI construction driving the City’s construction industry. Figure 10 Source: Niagara Falls Building Permits Page 13 of 22 Page 383 of 605 8 SECTION 2 BUILDING PERMIT ACTIVITY In comparison, the total value of all construction in Niagara Falls which includes new builds, additions and renovations was $274 million (Figure 11) as compared to $313 million recorded in 2021. Residential construction activity represented the largest proportion at 77% ($211 million), commercial at 12% ($31 million) industrial at 6% ($17.5 million), and institutional at 5% ($14 million). Figure 11 Source: Niagara Falls Building Permits Page 14 of 22 Page 384 of 605 9 SECTION 3 REAL ESTATE AND RENTAL MARKET RESIDENTIAL REAL ESTATE MARKET The real estate market weakened slightly in Niagara Falls for 2022 due to the rise in the interest rate and accordingly, the overall value of housing in the City decreased. As demonstrated in Figure 12, the average value of a residential real estate sale for all housing units increased from $432,700 in 2020 to $703,600 in 2021 which represented a 37.5% increase in price. In 2022 the average value dropped to $617,100, a decrease of 12% from a year ago. It is anticipated that housing values will rise in the foreseeable future as there is still strong intra- provincial migration into the municipality. Figure 12 Source: Niagara Association of Realtors Annual Residential Overview VACANCY RATES & AVERAGE RENTAL COSTS The City uses Canadian Mortgage and Housing Corporation data to track vacancy rates for rental housing. Overall, the vacancy rate for Niagara Falls increased from the 2021 rate of 1.9% to 2.7% in 2022. Similarly, across the St. Catharines Niagara Census Metropolitan Area (CMA), vacancy rates increased in 2022 to 2.8% from 1.9% in 2021. A vacancy rate of 3% has traditionally been considered to be a healthy rental vacancy rate which provides sufficient choice for tenants seeking rental accommodation. As can be seen in Figure 13, rental costs continue to increase for all apartment types as the new 2022 average rental cost is $1,197 per month, an increase from $1,139 per month in 2021. Figure 13 Source: CMHC Rental Market Survey 2022 0 0.5 1 1.5 2 2.5 3 3.5 4 $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 2016 2017 2018 2019 2020 2021 2022 Annual Vacancy Rate(%)Monthly Cost ($)Year Vacancy Rate & Average Rent 2016-2022 Average Rent Vacancy Rate 264,327 324,387 376,819 390,679 380,500 432,700 703,600 617,100 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 2015 2016 2017 2018 2019 2020 2021 2022Sales Amount ($)Year Average Residential Real Estate Sales All Types Page 15 of 22 Page 385 of 605 10 SECTION 4 LAND SUPPLY The 2020 Provincial Policy Statement requires at least a 3 year supply of draft approved and registered units with servicing capacity to ensure a healthy supply of soon to be buildable lots. The Niagara Falls Official Plan, through its Growth Objectives, has a similar requirement. DRAFT PLANS OF SUBDIVISION In 2022, no new subdivisions were given draft plan approval. In all previously draft approved subdivisions (as of December 31, 2022) there are 1,780 units. (Figure 14) With respect to draft approved units, all units are located within the Greenfield Area. Generally speaking, the Greenfield Area for Niagara Falls is predominantly located in the south end of the City. Within the Greenfield Area, approximately 50% of the available units were for single detached, 47% were for multiples (townhouses and apartments), and 2% were for semi-detached dwellings. In 2022 there remains one draft approved subdivision for 30 units in the City’s Built-Up area boundary as seen in Figure 14. Figure 14 Source: Niagara Falls Planning, Building & Development DRAFT APPROVED SUBDIVISIONS DECEMBER 2022 SUBDIVISION NAME COMMUNITY NUMBER OF UNITS Built Boundary Single Semi Multiples Total St Thomas More 18 12 30 Total 18 0 12 30 Greenfield Area 1198815 Ontario Inc (Garner Rd)46 0 23 69 Riverfront Subdivision Drummond 371 0 389 760 Chippawa East Subdivision Chippawa 449 48 329 826 Sodom Road (Polocorp)18 0 77 95 Total 884 48 818 1750 TOTAL UNITS 902 48 830 1780 Multiples include apartments, townhouses (street and block) Page 16 of 22 Page 386 of 605 11 SECTION 4 LAND SUPPLY REGISTERED PLANS OF SUBDIVISION In 2022, no new plans of subdivision were registered in Niagara Falls. This is likely a residual fallout from the pandemic. Despite no new plans being registered there continued to be 876 units available for immediate construction at the end of 2022 . The number of available units are divided between the Built Area Boundary with 37% (324) and the Greenfield Area with 61% (539). (Figure 15) Overall, the City has a supply of 877 registered units with 324 units available in the Built Area Boundary and 539 units available in Greenfield Areas. NIAGARA FALLS - VACANT LOTS/UNITS IN REGISTERED PLANS - DECEMBER 2022 SUBDIVISION NAME COMMUNITY REMAINING UNITS Single Semi Multiple* Total Built Boundary Westway Estates Northwest 0 0 32 32 Williams Subdivision north side Chippawa 4 0 0 4 Golia Estates Stamford 3 0 0 3 Chippawa West Chippawa 33 0 70 103 Optimist Park Stamford 12 0 0 12 Chippawa West Phase 2, Stage 4 Chippawa 2 0 0 2 Terravita Stamford 41 0 0 41 Willoughby Gardens Chippawa 2 0 0 2 Grottola Court Stamford 6 0 0 6 Chippawa West Phase 2, Stage 5 Chippawa 32 56 24 112 Beaver Valley Extension Ph 1 Northwest 0 0 0 0 Beaver Valley Corridor Ph 2 Northwest 7 0 0 7 Total 142 56 126 324 Greenfield Area Neighbourhoods of St. Davids Stamford 8 0 12 20 Deerfield Blocks 274 & 275 Westlane 7 0 0 7 Fernwood Phase 1 Westlane 1 0 0 1 Deerfield Estates Phase 8 Westlane 7 0 0 7 Warren Woods East Westlane 0 0 75 75 Windylane Westlane 4 0 0 4 Fernwood Phase 3 Westlane 18 0 0 18 German Village Westlane 7 0 0 7 Deerfield Estates Phase 10 Westlane 8 0 0 8 Oldfield Estates Phase 1 Drummond 28 0 15 43 Oldfield Estates Phase 2 Drummond 48 0 0 48 Oldfield Estates Phase 3 Drummond 4 0 0 4 Southgate Estates Westlane 6 0 0 6 Warren Woods Phase 5 Westlane 8 0 56 64 Forestview Estates Westlane 6 0 24 30 Splendour Subdivision Westlane 61 16 120 197 Total 221 16 302 539 Agricultural Mingle Subdivision Willoughby 4 0 0 4 Page 17 of 22 Page 387 of 605 12 Miller Road Estates Willoughby 3 0 0 3 Miller Road Estates South Willoughby 7 0 0 7 Total 14 0 0 14 TOTAL UNITS 377 72 428 877 Figure 15 Source: Niagara Falls Planning, Building & Development Within the Built Area Boundary 39% of the available units were for multiples (townhouses and apartments) and 44% were available for single detached. Semi-detached units accounted for 17%. Within the Greenfield Area 56% of the available units were for multiples (townhouses and apartments) followed by 41% for single detached and 3% for semi-detached. (Figure 15) SHORT TERM LAND SUPPLY Based on the housing supply of 1,780 draft approved units and 877 registered units (2,657 total units) divided by the City’s 10 year average housing demand (574 units), the City has an approximate 4.6 year supply of draft and registered approved units. The City’s 4.6 year supply exceeds the minimum requirement of 3 years contained in both the Provincial Policy Statement and the City’s Official Plan. It can be c oncluded that the City continues to maintain a healthy supply of available land in the form of unbuilt lots/units available for development in the short term. LONG TERM LAND SUPPLY – VACANT LAND The long term land supply for the City includes those lands that are vacant with an approved Official Plan designation yet have no planning permissions. Figure 16 illustrates that there are 613 net hectares (ha) of vacant land within the City as of December 2018. The vacant land supply of 613 ha is reflective of the fact that non- developable features such as Provincially Significant Wetlands and Hydro Corridors have been excluded as per Provincial Growth Plan policy. Of the total vacant land supply, 379 ha are for future employment purposes and 234 ha are for future residential purposes. Figure 16 Source: Niagara Region, December 2018 INTENSIFICATION RATE Provincial policy requires that municipalities promote intensification to maximize urban designated land and municipal services thereby reducing the negative impacts of urban sprawl. In keeping with Provincial direction, a percentage of the City’s annual growth must be directed to the Built Area Boundary where new development can take advantage of existing municipal services, the provision of public transit, and other existing community infrastructure and services. The new Niagara Region Official Plan (approved by the Province in the fall of 2022) has increased the City’s intensification target from 40% to 50%. Since 2009, the City’s intensification rate has ranged from a high of 77% in 2020 to a low of 11% in 2013. In 2022, 420 of the 564 building permits issued were located within the Built Area Boundary resulting in an intensification rate of 74%. As land and housing prices have increased, the market is responding with the provision of a broader mix of housing within established residential neighbourhoods. Employment Lands Residential Lands Greenfield Area 245 ha 156 ha Built Area 134 ha 78 ha TOTAL 379 ha 234 ha VACANT LAND SUPPLY - DECEMBER 2018 Page 18 of 22 Page 388 of 605 13 SECTION 4 LAND SUPPLY Intensification performance has been tracked since 2009 and as seen on Figure 17, prior to 2020 the municipality has only achieved its 50% intensification target once in 2018. In the past, development has primarily occurred in the City’s existing large Greenfields which can be easier to develop than land within the Built Area Boundary. An intensification rate exceeding the 50% target for the last three years shows a continuing upward trend of development occurring within the Built Area Boundary. A review of the 2022 zoning amendment applications proposing new residential development (approved or yet to be approved) shows a continued strong trend towards multiple unit forms of housing. Those applications that have been approved by by-law include 662 apartments and 135 townhouse units, all within the Built Area Boundary. Applications awaiting final by-law approval include 1,902 apartment units, 1,159 townhouse units and 674 single detached units. All but 91 of these units are within the Built Area Boundary. This would appear to reinforce stronger intensification performance in the future. Even with the increased intensification target number of 50%, t he City’s completed Housing Needs Study concluded that a significantly higher intensification target would be required to help address housing affordability. A higher intensification target would result in the provision of a broader range of housing opportunities which would help maximize our existing investments in infrastructure, decrease impacts on environmentally sensitive areas and minimize our future consumption of agricultural lands. Figure 17 Source: Niagara Falls Planning, Building & Development 24 11 23 37 30 31 49 19 77 59 74 0 10 20 30 40 50 60 70 80 90 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022Annual Percentage (%)Year Intensification 2012-2022 Page 19 of 22 Page 389 of 605 14 SECTION 5 STATISTICAL SUMMARY This section provides a statistical summary of Planning and Building activity in 2022. A general overview of these statistics note the following: PLANNING SUMMARY • The City’s population increase, while not as robust as projections had forecasted, still increased by 7%. • The number of Residential Building Permits issued decreased 34% over 2021; and the overall construction value in the City was dominated by Residential construction. • The Real Estate market prices declined due to decline in number of sales with a 12% decrease in value compared to 2021. • The housing supply of 4.8 years continues to exceed the Provincial standard of 3 years. • The City’s intensification rate of 74% also continues to exceed the Regional target of 50%. • Overall, planning applications have decreased 13% from 2021. • A quick overview of 2022 Pre-consultation proposals reviewed (256) would indicate that 2023 will experience an increase in planning applications over previous years due to the increased number of pre- consultations conducted. Planning Application Statistics Rezoning/Official Plan – 31 Draft Plans of Subdivision/Condo – 5 Site Plans – 16 Minor Variances 47 Consents – 30 BYLAW SUMMARY • Property standards complaints were up 10% in 2022 (409) from 2021(372) and 116 orders were issued. • By-law services responded to 1,969 complaints which was a slight decrease from 2021 when 2053 complaints were received. • Building Code orders were up in 2022 to 146 over the 103 orders issued in 2021. • Rodent rebate program increased to 114 rebates in 2022 from the 71 rebates in 2021. • SPCA statistics were down overall by 10% from 2021. Page 20 of 22 Page 390 of 605 SECTION 5 BUILDING STATISTICS 15 Niagara Falls Monthly Statistics 2022 Municipal Enforcement Stats Complaints received Complaints Received Totals January February March April May June July August September October November December By-Law Condition of Yards 1178 0 0 0 0 0 0 0 0 0 0 0 0 Downspouts 40 0 0 0 0 0 0 0 0 0 0 0 0 Encumbrance 113 0 0 0 0 0 0 0 0 0 0 0 0 Fence/Hedge 87 0 0 0 0 0 0 0 0 0 0 0 0 Licenses 25 0 0 0 0 0 0 0 0 0 0 0 0 Noise 112 0 0 0 0 0 0 0 0 0 0 0 0 Other 101 0 0 0 0 0 0 0 0 0 0 0 0 Election Signs - 200 Signs 21 0 0 0 0 0 0 0 0 0 0 0 0 Zoning 292 0 0 0 0 0 0 0 0 0 0 0 0 Monthly Totals 0 0 0 0 0 0 0 0 0 0 0 0 Annual Total 1969 Property Standards Water Suply/Plumbing/Drainage320 0 0 0 0 0 0 0 0 0 0 0 Occupancy Standards 82 0 0 0 0 0 0 0 0 0 0 0 0 Tree 36 0 0 0 0 0 0 0 0 0 0 0 0 Structural/ Exterior 68 0 0 0 0 0 0 0 0 0 0 0 0 Lack of Heat 27 0 0 0 0 0 0 0 0 0 0 0 0 Other 103 0 0 0 0 0 0 0 0 0 0 0 0 Zoning/ Out building 16 0 0 0 0 0 0 0 0 0 0 0 0 Mics. Complaints 45 0 0 0 0 0 0 0 0 0 0 0 0 Annual Total 409 Building Building with out Permit146 0 0 0 0 0 0 0 0 0 0 0 0 Orders Sent Out 116 0 0 0 0 0 0 0 0 0 0 0 0 Other 0 0 0 0 0 0 0 0 0 0 0 0 Monthly Totals 0 0 0 0 0 0 0 0 0 0 0 0 Annual Total 262 Clerk Intake Total January February March April May June July August September October November December Calls/ Counter 9144 446 351 445 569 773 1641 1261 1506 874 397 436 445 Compliance letters 165 18 23 22 12 15 18 14 3 10 4 14 12 FOI Requests 25 0 0 0 0 0 0 0 0 0 0 0 0 Muzzel Order Appeals 2 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 Monthly Totals 464 374 467 581 788 1659 1275 1509 884 401 450 459 Annual Total 9336 Total Homelessness Homelessness 200 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Other 0 0 0 0 0 0 0 0 0 0 0 0 Monthly Totals 0 0 0 0 0 0 0 0 0 0 0 0 Annual Total 0 Total Court/ Charges Charges Part 3 35 0 0 0 0 0 0 0 0 0 0 0 0 Trials not inputted Plea bargan not inputted Part 1 0 0 0 0 0 0 0 0 0 0 0 0 0 Monthly Totals 0 0 0 0 0 0 0 0 0 0 0 0 Annual Total 35 Rodent Rebate Forms Given out 140 0 0 0 0 0 0 0 0 0 0 0 0 Paid Out Claims 114 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Monthly Totals 0 0 0 0 0 0 0 0 0 0 0 0 Annual Total 254 Page 21 of 22 Page 391 of 605 SECTION 5 BUILDING STATISTICS 16 Niagara Falls Monthly Statistics 2022 Niagara SPCA Canine Control (Animals brought in by A/S) Calls Received Totals January February March April May June July August September October November December Stray Dogs 135 9 3 12 9 15 9 15 12 14 16 17 4 DOA Dogs 5 0 0 0 0 0 1 1 1 0 1 0 1 Stray Cats 77 1 6 9 9 7 8 9 11 7 3 3 4 DOA Cats 32 2 3 4 1 4 2 5 3 3 2 1 2 Wildlife 683 13 22 21 52 83 113 94 98 72 59 29 27 DOA Wildlife 459 10 20 32 44 34 57 47 54 67 42 31 21 Bylaw Infractions 498 30 47 44 58 34 51 44 55 40 38 42 15 Provisions of Needs 0 0 0 0 0 0 0 0 0 0 0 0 0 Dog Bites 74 5 7 3 6 10 8 8 9 6 8 3 1 *Other 205 13 15 17 19 16 12 17 21 19 16 22 18 Monthly Totals 83 123 142 198 203 261 240 264 228 185 148 93 Annual Total 2168 Mileage 3846 3675 4576 4703 4816 5213 5116 5189 4897 4712 4388 3861 Patrols 99 82 95 80 83 76 78 65 64 94 81 89 Shelter Services Admissions(Animals dropped off by public) Total January February March April May June July August September October November December Stray Dogs 32 4 5 2 5 1 3 1 3 1 0 7 0 Stray Cats 249 14 16 18 20 20 27 23 15 26 22 32 16 Owner surrendered 185 3 4 12 22 23 20 5 27 22 10 21 16 Transfer In 48 0 0 7 4 2 3 8 9 4 2 6 3 wildlife 9 1 3 0 0 1 1 0 2 0 0 1 0 Monthly Totals 22 28 39 51 47 54 37 56 53 34 67 35 Annual Total 523 Total Adoptions Dogs 65 1 3 4 9 7 6 4 3 9 8 8 3 Cats 357 33 22 21 21 27 18 49 39 28 31 40 28 Other 33 4 1 2 4 5 2 2 2 1 2 5 3 Monthly Totals 38 26 27 34 39 26 55 44 38 41 53 34 Annual Total 455 Total Claimed Dogs 91 7 2 9 8 10 9 0 10 8 10 14 4 Cats 26 1 2 5 1 4 1 0 3 1 2 3 3 Monthly Totals 8 4 14 9 14 10 0 13 9 12 17 7 Annual Total 117 Euthanised Dogs 7 0 1 1 0 1 0 0 0 1 3 0 0 Cats 44 3 2 4 2 2 2 10 7 3 3 3 3 Wildlife 356 4 9 7 33 45 59 52 51 43 25 12 16211 Monthly Totals 7 12 12 35 48 61 62 58 47 0 15 19 Annual Total 407 Page 22 of 22 Page 392 of 605 1 Heather Ruzylo Subject:NATIONAL CONGRESS "13TH ANNUAL" ITALIAN HERITAGE MONTH RAISING OF THE ITALIAN FLAG FRIDAY JUNE 9, 2023 EVENT From: paulina caramia < Sent: Saturday, February 18, 2023 7:09 PM To: Sarah Conidi <sconidi@niagarafalls.ca>; Carey Campbell <ccampbell@niagarafalls.ca>; city clerk < city council <drintjema@licoln.ca>; Kristine Elia <kelia@niagarafalls.ca>; antonio poretta <epasa@aol.com>; Wayne Thomson Fallview Account <wthomson@fallsviewgroup.com>; wayne gates <wgates@caw199.com>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Heather Phillips <hphillips@niagarafalls.ca>; Morrison, William (Baldinelli, Tony - MP) <william.morrison.467@parl.gc.ca>; ANTONIO PORRETTA < Sarah Conidi <sconidi@niagarafalls.ca>; Suzanne Moase <smoase@niagarafalls.ca>; Tatjana Jaluvka <tjaluvka@niagarafalls.ca>; Baldinelli, Tony - M.P. <Tony.Baldinelli@parl.gc.ca>; Wayne Campbell <wcampbell@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca>; antonio poretta <epasa@aol.com>; bellapaulinainitalia@hotmail.com; wellend chambers <heather@iaw.on.ca>; >;; Subject: [EXTERNAL]-NATIONAL CONGRESS "13TH ANNUAL" ITALIAN HERITAGE MONTH RAISING OF THE ITALIAN FLAG FRIDAY JUNE 9, 2023 EVENT Hello Sarah, and Everyone in this email, How is everyone, I hope all is well and you and your lov ed ones are all safe. On behalf of National Congress Italia Canada, Niagara Peninsula District, this year we celebrate our "13th" year of IHM, Flag Raising Event. I am still so Greatly honoured, humbled and definitely Proud by the continued growth and relationships with Italy and Canada here in Niagara falls and internationally renowned. The growth and celebration of the Raising of The Italian Flag, brings us back to the history of these flag colours, where it all began, the statement it made in those days by building OUR culture, establishing OUR foundations, in families, traditions, handmade artisan products, fashion, music, food and great memories along with so many other sectors which has influenced so many other countries worldwide. Today 13 years later we mark this day FRIDAY JUNE 9, 2023 AT 1200PM with even more importance in coming together for the SOLIDARITY support. This profound symbol of The Raising of the Italian Flag GREEN WHITE AND RED we take this moment to reflect and thank everyone who has made it possible for us to celebrate such a Great occasion. I am most confident it will definitely bring a sense of Hope, Peace, Love, Inspiration and Unity in extending our hand in this time of need. Not only to our brothers and sisters of Italian origins but for all persons that all have a little 'italianness' in their hearts where ever they may be...This is the real Celebration on this 13th year OF ITALIAN HERITAGE MONTH RAISING OF THE FLAG. LET US ALL COME TOGETHER VIRTUALLY TO SEE THE WONDERS OF WHAT A GREAT FLAG CAN SYMBOLIZE TO SO MANY OF US NEAR AND AFAR.. ( I also extend and invite to any councillor or city hall reps to come out at 1200pm this year. Thank you for your continued support. DATE AND INVITE REQUESTED FOR: FRIDAY JUNE 9, 2023 AT 12:00 PM EST THANK YOU AND GOD BLESS, MS. PAULINA CARAMIA Page 393 of 605 2 PRESIDENT OF NATIONAL CONGRESS ITALIA CANADA, NIAGARA PENINSULA DISTRICT 9056841719 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 394 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-20 Saturday, February 25, 2023 9.1 Flag-Raising Request - 13th Annual Italian Heritage Month 9.2 Proclamation Request - Crohn's and Colitis Canada 9.3 Proclamation Request - Knights of Columbus Week 9.4 Proclamation Request - Save Soil Movement Council, It is recommended to approve staffs recommendations. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 395 of 605 Honorable Jim Diodati Mayor The City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, ON L2E 6X Our registered charity number is 11883 1486 RR 0001 No d’enregistrement d’organisme de bienfaisance 11883 1486 RR 0001 crohnsandcolitis.ca | crohnetcolite.ca Registered charity number 11883 1486 RR 0001 © Crohn’s and Colitis Canada No d’enregistrement d’organisme de bienfaisance 11883 1486 RR 0001 © Crohn et Colite Canada Request for Proclamation Dear Mayor Diodati, On behalf of Crohn’s and Colitis Canada and the diagnosed individuals living in the City of Niagara Falls, I am writing to request your proclamation of the month of November as Crohn’s and Colitis Awareness Month. Inflammatory bowel disease (IBD) describes a group of conditions, the two main f orms of which are Crohn's disease and ulcerative colitis. IBD also includes indeterminate colitis. Diagnosing inflammatory bowel disease (IBD) can be very challenging because symptoms of IBD are similar to other gastric conditions such as celiac disease, parasitic infection, diverticulitis, and irritable bowel syndrome (IBS). These symptoms can include persistent diarrhea, blood in the stool, abdominal pain, cramping, bloating, fatigue, weight loss, and fever. IBD affects over 300,000 Canadians we have highest rates in the world. Crohn's and Colitis Canada was founded in 1974 by concerned parents hoping to help their children and others living with Crohn's or colitis. We aspire to cure Crohn’s disease and ulcerative colitis and to improve the quality of life of everyone affected by these diseases. We work towards this promise by investing in research, patient programs and services, advocacy and awareness. This observance gives us a means to focus attention in making it possible for Crohn’s and Colitis Canada to continue public awareness and advocacy, provide parent/family support, operate the Local Chapter, fund research projects, host local events. If you need anything further, please don’t hesitate to contact me by email: sgorman@crohnsandcolitis.ca or phone at 519-496-6703. Thank you for taking the time to consider recognizing and supporting Sincerely, Shie Gorman Community Engagement and Development Coordinator Crohn’s and Colitis Canada Page 396 of 605 Henry Miller—State Warden /Cérémoniaire d’Etat 393 Rymal Rd.west,Suite 201,Hamilton,ON L93 1V2 T:416-932-8420 C:416-481-6535 statewarden@ontariokofc.ca www.ontariokofc.ca February 16,2023 His Worship the Mayor and Council The City of Niagara Falls 4310 Queen Street,P.O.1023 Niagara Falls,Ontario Canada L2E 6X5 Re Proclamation of Knights of Columbus Week in Niagara Falls Your Worship and Council: We are very grateful that you graciously proclaimed April 17 through April 24,2022 as Knights of Columbus Week in Niagara Falls in connection with our Ontario State Convention,which was held,in person,in Niagara Falls,April 22 through 24,2022.We are excited that we will be holding our 2023 Ontario State Convention,in person,in Niagara Falls,April 28 through 30,2023. Accordingly,we would be most grateful to you for proclaiming April 23 through April 30,2023 as Knights of Columbus Week in Niagara Falls. We look fon/vard to working with the Mayor’s Office to address details of your engagement with us during that time. Thank you very much for your kind attention to this matter. Sincerely, /% Henry Miller State Warden and Convention Director Page 397 of 605 «mom.NNr_o_m_>_ __o::oo>..._o.6m_mnEm_>_w w®C._m_..;_O>®_>_ .o:mEO.m=mn_emmgz:_..v_mm>>w3E=_oo.6mEm_5__.mm«mom«N BC__6<.6xmmz,9:E_m_oo.639¢;ow.o:mEO.w__mn_Smm?z.6359:.66>m_>_ ._.%oa.2.25 ._ »<_.:.n_m>._omm_m._._mmm_mo._m_mm_.:.262 _o_.mEO6mo:_>9n_ 9:mmo._omm__o::oommm$>o:_6:32ancmow:nE:_oo.6mEm_:v_w£w<mM_mI>> vcmEo_..mE.£_m:E_n_m camE03o_nmEmco.6:o=_nm:m:cog:wc__:n_w:n_E:_oo.6mEm_:v_m5W<mm_m_._>> vcm:=:o>:9: 6..w_muoEm_P_boom9:8mm__m>>mm583:0cam>920__o£9__:8_%m_wm:_::EEoo :9:E86..mE_w_>mmg2m_260...m:nE:_oo.6mEm_:x2:W<mm_mI>> vcm”>..m_oomEwcmn_mEQ.m¢ o__o£mo_.woEm6..w._o_6>>me.wEoomnmm:m_3E:_oo6mEm_:v_9:w<mN_m_._>> Ucm“mm?:_>mc>_Oo_>_._. _®mr_o__>_ 65¢”.ummwm_m_>6_omn::o._>__m:_m_6mm;m:nE:_oo6wEm_:v_m£w<mm_m_._>> ZO_._.<_>_<._OOmn_ mo.m__m.?._mm~_:@=uco__u_ 53:”agecan 35.am.53.63?oa mo.w__EEmmm_:.>>>>>>”3_wno? 88m~._zo.m__m._«$622 22xom.O.n_ worm:8339 __m:56 _§.o6:5.3:5. D‘ .._Page 398 of 605 1 Heather Ruzylo Subject:Request of proclamation Save Soil From: Puja Patel < Sent: Thursday, February 23, 2023 1:04 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: RE: [EXTERNAL]-Request of proclamation Save Soil Mr. Matson, Thank you for taking the time to consider this request. May I please know if there is any specific format you need or specific information that needs to be provided with the written proclamation? I would just like to ensure all information needed is in the document. I am attaching here an image of city of Markham, Save Soil Day proclamation (for reference). Please find the proposed written Save Soil Proclamation below (let me know if this his what you require): Office of the Mayor Proclamation SAVE SOIL Whereas, "Save Soil” is a global movement, launched by Sadhguru, uniting world leaders, visionaries, influencers and citizens of all nations behind a common purpose – to restore and safeguard the world’s soil; and Whereas, Save Soil aims to address the global soil crisis, recognizing that 52% of the world’s agricultural soils are already degraded, and by 2050, 90% of Earth’s soil could be degraded; and Whereas, addressing soil degradation issues would bring solutions for the loss of biodiversity, nutritional deficiencies, food security, water scarcity, climate change, and mass migration; Whereas, the proposed solution is advocate for policies across all nations towards soil restoration and aim to increase organic content in agricultural soil to a minimum of 3-6%; and Whereas, in an effort to raise awareness and activate support from leaders and citizens alike, Sadhguru was on a 30,000 km journey as a lone motorcyclist covering 27 nations over 100 days since March 21st, 2022; and Whereas, this movement is supported by 81 nations globally, Now therefore, I, [Name of Mayor/Governor], [Mayor/Governor] of [City/Town/State] do hereby proclaim March 21st as Save Soil Day in [City/Town/State] as soil is vital to all life and urge all citizens to be a part of the Save Soil movement to support national policies towards soil restoration and aim to raise the organic content of soil to a minimum of 3% - 6%." Page 399 of 605 2 Be it Further Proclaimed that I urge all citizens to participate in creating bright futures for our children and the future of our planet. Date: Signed: Sincerely, Puja Patel From: Puja Patel < Sent: Wednesday, February 22, 2023 4:56 AM To: Bill Matson <billmatson@niagarafalls.ca> Cc: Jim Diodati <jdiodati@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca> Subject: RE: [EXTERNAL]-Request of proclamation Save Soil Mr. Matson, I am Puja Patel, a resident of Niagara Falls Ontario. I was directed by Mayor Jim Diodati to get in touch with you regarding the request for proclamation of Save Soil movement. I would like to know what the next steps are to process this request. Please feel free to contact myself or the coordinator for Save Soil in Canada, Cavita Sharma (647 224 1507) for more information. Sincerely, Puja Patel Niagara Falls, Ontario On Feb 15, 2023 3:36 PM, Jim Diodati <jdiodati@niagarafalls.ca> wrote: Page 400 of 605 3 Dear Puja: Thank you for your email and for your request for a proclamation for Save Soil. I’m putting you in touch, here, with Bill Matson, our City Clerk, along with staff who can assist, Heather Ruzylo and Kristine Elia. I trust that they will be in touch with you to let you know about your request. Jim Jim Diodati | Mayor | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4201 | jdiodati@niagarafalls.ca From: Puja Patel < Sent: Tuesday, February 14, 2023 10:17 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Request of proclamation Save Soil The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Page 401 of 605 4 Mayor Jim Diodati, I am Puja Patel, and I am a resident of Niagara Falls. I am emailing you today regarding a request of proclamation of the Save Soil movement. A major UN report found that 52% of agricultural soils are degraded. Scientists have warned that we only have 40-50 years worth of agricultural soils remaining. Which means that in 30-35 years, we will reach a “point of no return” for soil. We need an urgent call to action to ensure soil, the lifeline on this planet, continues to benefit present & future generations. The Save Soil movement, launched by global leader Sadhguru, was presented at the 15th session of the Conference of Parties (COP15) to the United Nations Convention to Combat Desertification (UNCCD). Sadhguru addressed 197 Parties at Cote d'Ivoire with one overarching objective - ensuring a minimum of 3-6% organic content in agricultural soil through a three-pronged strategy below: 1. An appropriately phased program of providing inspiration, and incentives to farmers. 2. Simplifying the process by which farmers can take advantage of carbon credits. 3. Develop a special label for foods grown from soil with the target levels of organic content and promote the health benefits of these foods. Sadhguru has spent the last 24 years leading a global people’s movement to save the world’s soil. His Conscious Planet: Save Soil movement aims to turn the world’s attention to soil; encourage around 4 billion people, or 60% of the global electorate, to push for soil-healthy policies; and ensure that soil has an organic content of three to six percent. With the development of appropriate Government policies, we can turn the clock back on the impending extinction of soil. To facilitate this, the Save Soil movement is creating a handbook of recommendations for every one of the 193 countries. See http://Savesoil.org/Handbook Page 402 of 605 5 I request you to enact policies to increase the organic content of our country’s soil to minimum 3- 6%. This is an opportunity to save our soil from the brink of extinction.The Save Soil movement has already created an impact in 81 countries with the support of the state, federal and municipal governments. They have done so by signing up MOUs and introducing policies, which incentivize farmers to organic farming and tree-based agriculture. The movement plans to effectively offer a solution to the problem; by collaborating the economy with its ecological goals. Save Soil volunteers are also actively raising awareness in Toronto about soil health through walkathons, rallies as well as various promotional activities. In May 2022, the CN Tower and Niagara Falls were also lit up in the Save Soil colors to support the movement. As a resident of Niagara Falls, I urge your support to issue the proclamation for the month of March in Niagara Falls for the Save Soil movement. Thank you for your prompt attention. Sincerely, Puja Patel A Voice to Save Soil from Canada https://consciousplanet.org/soil 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 403 of 605 4605 QUEEN STREET NIAGARA, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNNIAGARAFALLS.COM February 9th, 2023 Mayor and City Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON, L2E 6X5 To Whom This Will Concern, As per the Niagara Falls Downtown Business Improvement Association Public Notice By-Law passed at the January 2021 Meeting of the Board of Management, the majority of the Executive of the NFBIA convened an emergency public board meeting with quorum under section 2(b) on February 9, 2023, at 2 PM. The Board found that the elected Chair, Phil Ritchie, had restricted the democratic process at the February 8, 2023, Board Meeting and that during his time as Chair, had attempted to supersede the Board of Management by unilaterally speaking on behalf of the Board without consultation of the Board, and that he conducted BIA business on his personal email after repeatedly being asked to refrain from such behaviour which was noted to interfere with the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) requests. Finally, the Board found that Phil Ritchie violated his authority as Chair and acted without consensus when responding to a breach in the BIA's workplace violence and harassment policy regarding a human resource issue. It is the opinion of the Board that the result greatly jeopardized the BIA Board's legal standing and the membership. For these reasons, a motion was made and approved to remove Phil Ritchie as Chairman of the Downtown Niagara Falls Business Improvement Association effective immediately. The remaining Executive will make decisions by the majority until a new chair can be nominated and approved at the next regularly scheduled Board meeting on February 27, 2023. Please note that The Board cannot remove a member of the Board; that right lies solely with City Council. Sincerely, The Board of Management for Downtown Niagara Falls Page 404 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-21 Saturday, February 25, 2023 10.1 - 10.3 (10.1 pulled) The Downtown Niagara Falls Business Improvement Association - Removal of Chairman Council, There is something seriously wrong with that BIA. I have never personally met Phil Ritchi so I don't know if he is a competent person but I find it hard to believe that anyone having just been elected Chairman of the Board by his peers would do anything to justify dismissal. That is just messed up. If he was the captain of a ship that would be called MUNTINY. It's a good thing #10 Items are for "receive and file for information" and your not going to act on this. I will sit in on the Mondays meeting, record it and write up a report. Rest assured the Ombudsman Office will be notified. I have attach their Public Notice of Board Meeting Policy, By-Laws, Constitution and Code of Conduct for viewing but suggest not wasting your time doing so. One can just glance over those documents and come up with inconsistencies with this event. Here we have their Public Notice of Board Meeting Policy which states, 2.b In the event of an emergency meeting, notice must be provided as soon as reasonably possible – a minimum of twenty-four hours (24H), and the reason for the emergency meeting must be stated in the notice. The only reasons for emergency meetings include Page 405 of 605 the following: a. Meeting solely to discuss an emergency event resulting from an event requiring immediate reaction from Board; and, b. Meeting exclusively to discuss time-sensitive human resources issues; and, Then you have their Constitution which states, 3. Removal of officers: Officers serve at the pleasure of the Board and may be removed from office by a majority vote of the Board. An officer must be given notice in writing at least five (5) business days in advance of a Board meeting that a motion to remove him/her/them from office will be made. If the officer is not a Board Member, the officer shall have the right to attend and speak at the Board meeting with respect to the question of his/her/their removal. Their letter clearly states five days did not pass. Their By-Law states, All decisions are subject to approval and ratification at the next Board of Management meeting. A minimum of fifty (50) percent plus one (1) executive members, as of the roles that are filled, must be present to constitute quorum. All meetings of the Executive Committee shall be at the call of the chair to conduct business as necessary. Minutes must be taken and presented at the next Board of Management meeting. So really, nothing has been finalized yet. Furthermore, there is no wording in any of those documents that reference, "restricted the democratic process" "supersede the Board of Management" "conducted BIA business on his personal email", It appears that perhaps the Board could file a Code of Conduct complaint , at the moment, to the clerk or Integrity Commissioner. Why they keep running back to council like little children running after their parents is perplexing. It is recommended to hold a moment of silence, appreciate how smoothly council works, then receive and file for information item #10.1 through to and including item #10.3. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 Page 406 of 605 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 407 of 605 4605 QUEEN STREET NIAGARA FALLS, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNNIAGARAFALLS.COM Public Notice of Board Meeting Policy Policy created on June 2021 1. At the beginning of the year, when the Board sets the dates for the twelve (12) months of meetings, BIA employees will mail the list of dates to all properties on the tax roll, post it on social media as an event, post on the BIA website, provide a copy to the City of Niagara Falls, and email to all members on the BIA's email list. a. Any changes made to the Board Meetings that are set at the beginning of the year must be provided via email to all members on the BIA’s email list and posted on the BIA’s official website. Changes in the Board meeting schedule require notice to the members at least seven (7) days before the scheduled meeting date. 2. In the event of an emergency meeting, notice must be provided as soon as reasonably possible – a minimum of twenty-four hours (24H), and the reason for the emergency meeting must be stated in the notice. The only reasons for emergency meetings include the following: a. Meeting solely to discuss an emergency event resulting from an event requiring immediate reaction from Board; and, b. Meeting exclusively to discuss time-sensitive human resources issues; and, c. Meeting exclusively to discuss time-sensitive legal action 3. All meeting agendas and supporting documents must be provided to Board members at least 24 hours before the scheduled meeting time. 4. Any Board member may request to have an item added to the agenda by submitting the request in writing to the BIA at least 48 hours before the scheduled meeting time. 5. Special meetings may be called by the Chair or by a majority of the Executive Board members of the BIA. Notice of special meetings must be provided as outlined in sections 1-4 above. 6. The BIA may also hold closed or in-camera meetings as necessary within the regulations of the Municipal Act. Notice of such meetings must be provided as outlined in sections 1-4 above, and the reason for the closed or in-camera meeting must be stated in the notice. 7. These policies and procedures may be amended by the BIA at any time by a majority vote of the members. Page 408 of 605 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 1 By-Laws (Niagara Falls Downtown Business Improvement Area - NFBIA ) Date: October 7, 2020 Page 409 of 605 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 2 Appointment to the Board The membership of the organization elects "the Board of Management for Niagara Falls Business District Improvement Area (or NFBIA Board)" which is in turn appointed by the Council of the City of Niagara Falls through Bylaw # 98-247. Eligibility Criteria Eligibility is determined by City Bylaw no. 98-247 and shall be individuals assessed with respect to ratable property in the area that is in a prescribed business property class or a tenant of such property who, under the tenant's lease, is required to pay all or a part of the taxes on the property, or who are nominated by such parties and is a member in good standing (good standing defined as a member whom has paid and has no outstanding restrictions from the Board of Management due to litigation, staff relationships, or other). Quorum Quorum for Board Meetings is fifty (50) percent plus one (1), including the Chair. Committee meetings requires the presence of one (1) Board Member and one (1) NFBIA Staff person. Resignation Board members may resign by providing their resignation in writing that shall be effective upon the date requested. Vacancy Officers must provide thirty (30) days’ written notice for resignation of Board responsibilities. The seat of a member of the Board of Management may become vacant if the member is absent for three (3) annual meetings unless there has been a prior approved absence which requires a Board vote to excuse, unless sufficient absence for compelling reasons exists (i.e. death of a family member). As laid out in the constitution, the Board may pass a motion authorizing the removal of such member and only then will the member cease to be a member of the Board of Management. In the event of a Board member indicating the need to be away from the Board for three (3) consecutive meetings, the Board reserves the right to request that the Board member step down or hold the seat for this period. Where a vacancy on the Board occurs for any reason, a person qualified to be a member may hold office for the remainder of the term for which his or her predecessor was appointed. The City Clerk, with the assistance of the NFBIA Board, must verify that the candidate’s property, tenancy, and member in good standing status. Such interim members must be confirmed by a Page 410 of 605 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 3 resolution of the Board of Management and appointed by Council for The City of Niagara Falls. Board of Management Elections As per the City By-law, the maximum members for the Niagara Falls Downtown Business Improvement Area Board of Management shall be elected by the general membership at an election called for that purpose. A notice of same shall be served upon the general membership, not less than two weeks (14) days prior to the election called for this purpose. Any NFBIA member (see membership defined in the policy and procedures) or their nominee, is eligible for election to the Board of Management. The election will be by secret ballot and shall be conducted by the nomination committee in conjunction with the office of the City Clerk every four (4) years, to coincide with the Municipal Election. Exception: No election will be held if the maximum candidates wish to serve as directors. They would receive an acclamation to the Board of Management. If less than the required members of the NFBIA stand for election to the Board of Management, then an acclamation would also be awarded to those seeking to be elected, with the remaining positions to be filled later by the Board of Management with the understanding that the necessary minimum to establish quorum is acclaimed. 1. In the event of an election, it is the duty of the Chair, prior to the election, to appoint a Nominations Committee of no less than three (3). The Nominations Committee shall have the responsibility of compiling a list of prospective members who wish to stand for the Board of Management after a nomination notice has been sent to all members. The Nominations Committee will send to the General Membership the list of prospective members accepted by the Nominations Committee prior the next election, called for the purpose of electing the new Board of Management. The list of prospective members shall be closed fifteen (15) days prior to the calling of the election for a new Board of Management. The Nominations Committee for the NFBIA will consist of the Board’s Executive, namely Chair, Vice Chair, Secretary and Treasurer. 2. Following ratification and election by City Council, a special meeting of the newly elected NFBIA Directors shall be called for the purpose of nominating and electing a Chair, Vice-Chair, Secretary and Treasurer. Following the election of the Executive nominations and elections for Directors of various NFBIA standing and special committees. All the standing or special committees must be chaired by one of the Board of Management Directors. The Finance and Audit Committee will be chaired by the Treasurer of the Board. The Chair of the Board is ex-officio of all committees. 3. All of the newly elected Board of Management members of the Board of Management shall assume office of the first day following the election. 4. All members of the Board of Management may serve to a maximum of two concurrent terms (8 years). Although it may not account for a full eight (8) years, a Member that Page 411 of 605 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 4 fills a vacancy is still only allowed to serve a maximum of two terms of City Council (i.e. if a member fills a vacancy in year three (3) then they have only one (1) year plus another full four (4) year term). The member can be elected once again should they wish following an absence at minimum of a full term of 4 years. 5. All elections shall be held by secret ballot. Proxies will not be allowed for the election of the four officers (Chair, Vice-Chair, Secretary and Treasurer); herein after known as the Executive Committee members and Special Committees Chair (i.e. Finance and Audit Committee must be chaired by the Board Treasurer). All votes will be tallied for each election. A member must be a "member in good standing" as set out in the policy and procedures, to vote and participate in any NFBIA meeting. 6. One vote will be allowed per business, professional service or corporate member, when electing NFBIA members to the Board of Management (Where the assessment or any one (1) business is split on the tax roll, it shall be considered as one (1) business). A nominee can be appointed by a business firm, professional service, or corporation to cast one vote on behalf of the aforementioned NFBIA members provided that a letter is duly signed by the owner in good standing, and such owner's name appears on the business tax assessment roll. In the case of a corporation, the Executive Director will be the signee, providing that the said corporation is in good standing as well. In all cases, the nominee must be an employee at his/her location in the defined NFBIA area or be a business owner carrying on business in the defined NFBIA area. 7. Where a vacancy on the Board occurs for any reason, a person qualified to be a member may hold office for the remainder of the term for which his or her predecessor was appointed. Such interim members must be confirmed by a resolution of the Board of Management and appointed by City Council. Conflict of Interest At the beginning of each meeting, as an agenda item, it shall be the duty of every Board member who is in any way, whether directly or indirectly, interested in a contract or arrangement that may be an item to be discussed by the Board and has some financial benefit to the Board member, either directly or indirectly, to declare this interest and not participate in the discussion and voting. This applies to a personal self-interest and the interests of any spouse, and/or children, parents, parents-in-law or siblings. Officers There shall be four (4) officers on the Board of Management's, Executive Committee as follows: Chair shall have the general management and direction, subject to the authority of the Board, of the business and affairs of Niagara Falls Downtown Business Improvement Area and be responsible for setting Board of Management Meeting Agendas. The Chair shall be the Chief Executive Officer of the NFBIA and preside over all general meetings Page 412 of 605 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 5 from time to time and special meetings as the need arises. Vice-chair will assume the duties of the Chair if absence or disability occurs. If both the Chair and Vice-Chair are unable to attend a Board of Management meeting, those board members present at the executive meeting shall nominate a presiding officer, so long as there is a quorum. Secretary will be responsible for Minutes of all Board of Management and Executive Meetings while in-camera. The recording open Board meeting minutes may be delegated to staff with overall responsibility retained by the Secretary. The Secretary is responsible for the attendance records at the Annual General Meeting and other meetings convened by the Board. Treasurer will be responsible for Financial Statements and related materials with an account of all transactions being presented to the Board on a monthly basis. Treasurer is responsible for the audit and presentation of the audited financial statements as well as the approved annual budget at the Annual General Meeting. The Board of Management will elect the Chair, Vice-Chair, Secretary and Treasurer from within the Board of Management on an annual basis. Executive members may serve up to eight-year terms, please reference section on Board of Management terms for more details. The election of the Chair is restricted to those directors who have served at minimum 1 year prior to the date of Chair Election on the Board of the NFBIA. These officers shall form the Executive Committee. The Executive Committee shall have the authority to act for the Board of Management in the intervals between Board meetings on such matters as may be necessary to conduct the business of Niagara Falls Downtown Business Improvement Area. Niagara Falls Downtown Business Improvement Area Sub-Committees Niagara Falls Downtown Business Improvement Area Sub-Committees help the Board to plan and administer approved initiatives, projects or to examine specific areas of concern. Sub-Committees propose initiatives and suggest expenditures for approval by the Board. Sub-Committees have no independent financial standing and must submit estimated project budgets and basic income and expense reports to the Board. Similarly, if Sub-Committees contract out work related to their activities the Finance and Audit and then the Board must approve the expense and those employed. Ultimate responsibility for their activity’s rests with Niagara Falls Downtown Business Improvement Area Board of Management which must therefore receive written reports on Sub- Committee activities at monthly Board meetings. Page 413 of 605 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 6 Sub-Committee members must be a member in good standing (please refer to the NFBIA policy and procedures for criteria), have submitted a committee application form, and be confirmed by a two-thirds (2/3rd) vote of Niagara Falls Downtown Business Improvement Area Board of Management. They are expected to work closely with Niagara Falls Downtown Business Improvement Area Executive Director. The Chairperson of the Board shall be a member of all Sub-Committees. Sub-Committees of the Board require a Terms of Reference document, which is drafted by the Executive Director and presented to the Board. The NFBIA Board of Management will elect a Board Member to the Chair position of all Sub-Committees, and to conduct those committee meetings, the presence of one (1) Board Member and one (1) NFBIA Staff person. Non-BIA members of the committee cannot exceed one-third (1/3rd), while the remaining two-thirds (2/3rd) must be BIA members in good standing. Only BIA members, which are Board confirmed, can vote on Sub-Committees of the Niagara Falls Downtown Business Improvement Area. Sub-Committee members agree that at any time they can be asked for a background check and must be willing to provide on request. The following Sub-Committees are the standing committees of the NFBIA Board of Management: Finance and Audit Marketing and Promotion Events Governance Beautification and Economic Development Niagara Falls Downtown Business Improvement Area Ad-Hoc Committees The Board may establish Ad Hoc Committees of the Board. An Ad Hoc Committee shall be an advisory committee established for a temporary purpose to deal with a specific issue. The Ad Hoc Committee shall report to the appropriate Standing Committee of the Board, within the time prescribed and within its terms of reference, with recommendation for action, which may include a recommendation for policy change. Ad Hoc Committees of the Board require a Terms of Reference document, which will be drafted by the Executive Director and presented to the Board. Members of any Ad Hoc Committee shall be as selected by the Board and require the same standards as Sub-Committees. The membership of the Committee shall select a Chair at the first meeting of the Committee. The Chairperson of the Board and Executive Director shall be a member of all Ad Hoc Committees. The Ad Hoc Committee shall be dissolved by motion of the Board. Expenditures by the Board of Management As per section 220 of the Municipal Act – as amended from time-to-time –, BIA funds can only be used for improvements to publicly owned property, not individual businesses or private properties. The common funds must be used for the common good. Please refer to "Purpose" for an outline of mandated activities. Page 414 of 605 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 7 Each standing committee chair is authorized to expense within their approved annual budget without Board approval IF the purchase is one that was included in the approved budget for that specific standing committee. Any expenditure over the annual budgeted amount must be approved by a quorum at a Board meeting. If the expenditure is required to conduct immediate business, then the Executive Committee may be called upon to approve. Approval of Financial Transactions Signing authority: In order to ensure that Niagara Falls Downtown Business Improvement Area office can function effectively, and that there is adequate financial control by the Board, there are two levels of approval established for financial transactions. Level 1: Approval by two of the Executive Officers of the Board of Management or Executive Director of the Board Level 2: Approval by the Board of Management Level 1 Approval The Executive Director of the Niagara Falls Downtown Business Improvement Area can make a financial transaction within the annual budget without prior consultation with, or approval by, the Board of Management provided that: the purchase is one that was included in the approved budget; and the purchase does not result in an overage in the budget item; Level 2 Approval The Executive Director of Niagara Falls Downtown Business Improvement Area can make a financial transaction over the annual budget only at the direction of the Board and provided that: the purchase has been approved by motion at a meeting of the Board of Management after recommendation from Finance and Audit and the approval is documented in the Minutes of the Meeting or the purchase is confirmed to the Board of Management at its next meeting following the completion of the transaction or Page 415 of 605 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 8 the expense is fixed and pre-approved as in the instance of monthly rent. All cheques must be signed by two (2) Officers of the Board of Management or one (1) Officer and the Executive Director, as approved by the Board at a meeting held for that purpose. Up to four (4) members may be authorized to sign cheques and including a fifth, the Executive Director. The officers of the Board are the (4) members designated as the signors for the Board of Management. Note: If any purchase at Level 1 or Level 2 has not been previously approved in the annual budget, or if it will result in budget overrun, the Board must give its approval prior to such a purchase. Meetings Board Meetings Meetings will be at the call of the Chair, a minimum of 10 per fiscal year. Quorum for Board Meetings is fifty (50) percent plus one (1), the Chair of Board of Management is included in that calculation and must be present to constitute a quorum. The Board may retire to an in-camera session to consider matters of legal nature, finance and personnel matters provided that prior to moving in camera a resolution is passed stating: “that the Board is convening into closed session and the general nature of the matter to be discussed” According to the Municipal Act subsection 22(2) clauses (a) through (h) – to be amended from time-to-time –, the only matters to be considered in camera are as follows: • security of the property of Niagara Falls Downtown Business Improvement Area; • personal matters about an identifiable individual proposed or pending acquisition or disposition of land by Niagara Falls Downtown Business Improvement Area; • labour relations or employee negotiations; • litigation or potential litigation affecting Niagara Falls Downtown Business Improvement Area; • advice that is subject to solicitor-client privilege. Page 416 of 605 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 9 Meetings will be open to any member of Niagara Falls Downtown Business Improvement Area or the public who may attend but may not take part in the proceedings unless invited to do so by the Chair. At minimum seventy-two (72) hours’ notice of request to make any delegations or presentations at a meeting of Niagara Falls Downtown Business Improvement Area should be given to ensure a place on the agenda and to allow time for staff to prepare any supporting or answering information that may be helpful. At all meetings of the Board every question shall be decided by a majority of the votes cast on the questions, done by a show of hands. In case of a tie-vote, the Chair of the meeting shall be entitled to a second or casting vote. As a committee of the Council, the Board should base their decision-making process and rules of order for meetings on the procedures used by the Council of the City of Niagara Falls. The Council uses Bourinot’s Rules of Order as a basis for their proceedings. In order to represent the entire interests of Niagara Falls Downtown Business Improvement Area membership, decisions regarding the business and operation of the NFBIA are not made in isolation or by individuals (except where explicitly stated elsewhere in this Constitution) but as a result of shared information, discussion and majority agreement by the Board as a whole and when appropriate, in consultation with its members. Executive Committee meetings, when held, should adhere to a similar intent. Executive Meetings All decisions are subject to approval and ratification at the next Board of Management meeting. A minimum of fifty (50) percent plus one (1) executive members, as of the roles that are filled, must be present to constitute quorum. All meetings of the Executive Committee shall be at the call of the chair to conduct business as necessary. Minutes must be taken and presented at the next Board of Management meeting. Annual General Meetings and/or Special General Meetings Each calendar year the Board of Management will call and hold one Annual General Meeting and the Board of Management may also call and hold at any time one or more Special General meeting(s) to deal with special issues or to update the organization membership. The meetings shall be held in a facility located within Niagara Falls Downtown Business Improvement Area boundaries. At each Annual General Meeting, the financial statements for the previous audited year, and the current year approved budget for the year will be presented. The membership will receive an Page 417 of 605 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 10 update through the annual report. Membership should receive written notice of the Annual General Meeting not less than 10 business days prior to the meeting date and public notice must appear in one (1) mail-out and through the NFBIA newsletter, social media as well as posted on the NFBIA website under Board Meetings prior to the meeting date. The accidental omission to give notice to any member, Board member officer or auditor shall not invalidate any action taken at any meeting held pursuant to such notice. A petition signed by 50 or more members of Niagara Falls Downtown Business Improvement Area is sufficient to order a Special Meeting within 15 days of receipt of that petition by the Executive. In case of an equality of votes at an Annual General Meeting or Special General Meeting, either upon a show of hands or upon a poll, the Chair shall be entitled to a casting vote. An agenda for the Annual General Meeting with copies of the most recent audited financial statement should be distributed to the general membership not less than 10 business days prior to the meeting. Elections It is the responsibility of Niagara Falls Downtown Business Improvement Area member to register their voting delegate three (3) business days before the election process begins. The names of those Board members continuing their term must appear on the ballot. A voting delegate must make nominations from the floor with a seconder. If desired, the Chair for the purpose of counting ballots may appoint one or more scrutineers (who need not be members,). Only one delegate per business member can be nominated for election at any one time. A member can sit on the Board of Management for 2 consecutive terms for a total of 8 years. The member must step down for at least 1 term before presenting themselves for a position of Director of the Board of Management. The current chair of the Board of Management if having completed 2 consecutive terms may be asked to extend their tenure by the incoming Board in the role of Past Chair for a minimum of 1 year and maximum of 2 years. This will be completed by resolution by the Board of Management. Page 418 of 605 By-Laws of the Niagara Falls Downtown Business Improvement Area By – Laws of the NFBIA Date: October 7, 2020 Page 11 New members All new member businesses are to be presented with a "New Members Kit", beginning January 2021, personally by the Executive Director or a member of the Nominations Committee of the Board of Management. An orientation meeting of the Board will be an agenda item of the first meeting of the newly elected Board of Management. Any new or returning member who fills in a vacancy of the Board of Management will be met personally by the Executive Director or a member of the Nominating Committee (Executive Committee) prior to their first board meeting. The initial meeting may also take place via phone call. Fiscal Year The fiscal year of Niagara Falls Downtown Business Improvement Area is from January 1st to December 31st. The proposed budget approved by the Board of Management must be set out for the new calendar year in the last quarter of the operating year and be followed without major modifications. The Board of Management for the Niagara Falls Downtown Business Improvement Area cannot accrue debt or exceed debt levels without approval of two-thirds (2/3rd) present at an Annual General Meeting or a Special General Meeting of the membership. Notification of such meetings should follow the same standards as previously noted for Annual General Meetings and Special Meetings. Any Contract in excess of two-years must stipulate termination rights with thirty (30) days’ notice and will state “this contract is externally funded and continuation is contingent upon funding”. Page 419 of 605 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 1 Constitution (Niagara Falls Downtown Improvement Area - NFBIA) Date: December 8th, 2020 Page 420 of 605 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 2 NAME The name of the organization is "Niagara Falls Downtown Improvement Area (commonly referred to as NFBIA)". The membership of the organization elects "the Board of Management for Niagara Falls Downtown Improvement Area (or NFBIA Board)" which is in turn appointed by the Council of the City of Niagara Falls through the passing of a bylaw. LEGISLATIVE DIRECTION The direction provided by Council pursuant to Bylaw # 98-247 which entrusted the Board, subject to the limitations hereinafter set out, the improvement, beautification and maintenance of the municipally owned lands, buildings and structures in the area beyond such improvement, beautification and maintenance as is provided at the expense of the municipality at large, events, business recruitment, communication, and the marketing and promotion of the area as a business shopping area. Provincial Legislation - Municipal Act, 2001, S.O. 2001, c. 25 Designation of improvement area 204. (1) A local municipality may designate an area as an improvement area and may establish a board of management, (a) to oversee the improvement, beautification and maintenance of municipally- owned land, buildings and structures in the area beyond that provided at the expense of the municipality generally; and (b) to promote the area as a business or shopping area. 2001, c. 25, s. 204 (1). Page 421 of 605 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 3 PURPOSE The Council of the City of Niagara Falls appoints the Board of Management of NFBIA to: Plan and administer activities for the promotion and economic development of the NFBIA as an attractive business and shopping area as well as for the maintenance of the appearance of the downtown core (to develop, promote and protect commercial viability of the area); Complete the Municipal Mandates within the BIA Handbook – Beautification, Special Events, Revitalization and Maintenance, Business Recruitment and Economic Development, Communications, Marketing and Promotion; Engage in strategic planning necessary to address NFBIA issues for its members; Advocate on behalf of the interests of NFBIA catchment and its members; Manage the money that is collected by the City of Niagara Falls from the required special BIA levy for these activities; To strive to ensure that each member of the NFBIA receives fair representation from the Board of Management. BOUNDARIES – NFBIA AREA The boundaries of NFBIA as established by City Council. All businesses within the designated area are assessed for a special levy that is collected by the City of Niagara Falls to support the activities of NFBIA. Page 422 of 605 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 4 MEMBERSHIP Membership of the organization shall consist of all property owners currently paying the levy and including tenant businesses with a gross lease located and/or operating within the designated NFBIA boundaries. Only members in good standing have a right to vote. Each property owner and business owner will have no more than one (1) vote on the BIA. If a business or property owner has multiple holdings, even if those holdings are under different name(s) or corporation number(s), they are still entitled to only one vote. If a property owner owns or operates a business within their commercial holdings, they only have one (1) vote. However, if the property owner is not the tenant of the owned space, both the property owner and the gross lease tenant each have one (1) vote on the BIA.” Only members of NFBIA have the right to vote for representatives to the Board of Management of NFBIA and to vote on issues brought to a General Meeting of NFBIA. Each member has the right to nominate an owner or employee of a business or property (or their designate) to stand for election to the Board of Management of NFBIA according to requirements set out in the Municipal Act 2002 s. 204 ss. 4. All members are entitled to voting privileges at the Annual General Meeting, one vote per member. Written proxies only are permitted. Each member has one vote regardless of the number of properties or businesses owned by any member. Any member of NFBIA may ask that issues or items of interest be placed on the agenda of NFBIA for discussion and/or resolution. They may contact any NFBIA Board member or the BIA office for inclusion of an item on an upcoming agenda. Additionally, with reasonable notice, any member may make a request in writing to make a deputation or presentation to NFBIA. Said request is to be directed to the Chair of the Board of Management. Additional membership classifications may be added and/or deleted via the NFBIA "Policies and Procedures". The removal of a member in good-standing status, with definitions and descriptions for removal in the NFBIA "internal bylaws", requires a 2/3 vote from the sitting Board of Management, with membership status to be reviewed annually. The NFBIA will continue to collect the levy after removal of the member in good standing status. Page 423 of 605 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 5 BOARD OF MANAGEMENT The Board of Management of NFBIA is a standing committee of the Council of the City of Niagara Falls, in accordance Municipal Act pertaining to BIA’s under Section 204. Remuneration Board of Management and sub-committee work is done on a volunteer basis. No Officer, member of the Board, sub-committee member, or their relatives shall directly or indirectly receive any profits or remuneration as the result of their position with NFBIA. Board Members may be paid reasonable and necessary expenses incurred in the performance of their duties that have been budgeted and receipted. Term of Office The Board's Term of Office runs concurrently with that of the Municipal Council appointing it – a full-term is considered four (4) years, with members able to sit for upwards two (2) full-terms. Afterwards a full-term of four (4) years must pass before a member is eligible to serve two (2) more consecutive terms. Officers 1. The organization shall have the following officers: Chair, Vice Chair, Immediate Past Chair, Secretary, and Treasurer 2. The duties of these officers shall be: I. Chair The Chair or designate of the BIA acts as the spokesperson of the Board as a whole and represents the will of the BIA Board of Directors. The Chair is: ● An Officer of BIA; ● A Member of the Executive Committee. ● Must have served on the Executive Committee for one (1) full year prior to nomination. If no Executive Committee member meets this qualification, a Director At-Large with one (1) full year of service may be nominated. If Page 424 of 605 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 6 no Director At-Large meets this qualification, the Board of Management may choose an elected Board Member for nomination. ● May serve upwards of a full-term of four (4) years. A non-full-term tenure would include, but is not limited to, a nomination after a previous chair resignation, after which the Chair is not permitted to be nominated for another term without having completed a four (4) year full-term rotation off of the Board of Management and an additional year of service as a Director At-Large. Responsibilities of the Chair ● Will have signing authority for the organization; ● Oversee Board and Executive Committee meetings; ● Serve as an ex-officio member of all committees; ● Work in partnership with staff to: ● Ensure Board resolutions are carried out ● Prepare the Agenda for Board Meetings ● Conduct new member orientation; ● Ensure an annual performance evaluation of the Executive Director takes place; ● Support Board Members to carry out their responsibilities; ● Call Special Meetings if necessary; ● Work with the entire Board to recruit new members, ● Serve as liaison with Senior Management Team of the City of Niagara Falls; and, ● Review and approve all Media Releases. II. Immediate Past Chair The immediate Past Chair is: ● A non-voting ex-officio; ● A Member of the Executive Committee. ● Immediately serve upwards of one (1) year directly following completion of Chair tenure. Exemptions include member in good standing status. Responsibilities of the Past Chair: ● Ensures continuity in the Association; ● Provides “corporate memory” for the Board; ● Chairs meetings in the absence of the Chair and Vice-Chair, as well as assuming the duties of Vice Chair in his or her absence; ● Acts as advisor and mentor to the Executive Committee of which they are a member; Page 425 of 605 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 7 ● In cooperation with the Chair, represents BIA to the public, and; ● After the Annual General Meeting, holds a Board meeting of the Board of Directors to elect the Officers. III. Vice Chair The Vice Chair is: ● An Officer of the NFBIA; ● A member of the Executive Committee. Responsibilities of the Vice Chair: ● May be one of the four Board Members who have signing authority; ● Acting Chair in the absence of the Chair; ● Assists the Chair in his or her duties; ● Chair is a Standing Committee. IV. Treasurer The Treasurer is: ● An Officer of the NFBIA; ● A Member of the Executive Committee. Responsibilities of the Treasurer: ● Will have signing authority for BIA; ● Ensures responsible tracking of BIA finances; ● Together with staff, ensures a record of all financial activity is presented at each Board Meeting; ● Ensures documents are prepared for the annual audit; ● Oversees the preparation of the draft budget; ● Monitors and assesses BIA’s financial activities to ensure compliance with the direction and aims of the Board; ● Ensures that all financial reporting and government records are processed in a timely manner complying with all deadlines e.g. Ensure audit by March 31st; ● Prepare a draft budget by September, gain Board and AGM approval in October, City Council approval by November 30th, to ensure an April release of funds, and; ● Chairs the Finance and Audit Committee V. Secretary The Secretary of the Board is: ● An Officer of the NFBIA; Page 426 of 605 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 8 ● A Member of the Executive Committee. Responsibilities of the Secretary of the Board: ● Will have signing authority for BIA; ● Ensures responsible tracking attendance of general meetings; ● Ensures responsible tracking of obtaining signatures of attendees of the Annual General Meeting of BIA; ● Records minutes of In Camera meetings of the Board of Directors, and; ● May chair a standing committee. ● May chair a standing committee. 3. Removal of officers: Officers serve at the pleasure of the Board and may be removed from office by a majority vote of the Board. An officer must be given notice in writing at least five (5) business days in advance of a Board meeting that a motion to remove him/her/them from office will be made. If the officer is not a Board Member, the officer shall have the right to attend and speak at the Board meeting with respect to the question of his/her/their removal. 4. Officers must provide thirty (30) days’ written notice for resignation of Board responsibilities. 5. The Board will be comprised of individuals appointed by way of a City of Niagara Falls municipal by-law Non-Voting Ex-Officio Appointees to The Board Where appropriate, the Board of Directors may appoint non-voting ex-officio representatives from the municipality, other agencies & associations (non-governmental and governmental) as non-voting ex-officio members of the Board, Board of Director and Executive Committee meetings, where appropriate. Non-voting ex-officio appointees are above and beyond the Board Directors. The non-voting ex-officio appointees may be invited to attend membership, Board of Director and Executive Committee meetings, where appropriate. Non-voting ex-officio appointees are not permitted to be in-camera unless Board of Management waves such rules. Responsibilities of the Board The Board is responsible for: 1. Drafting and approving of Policies and Procedures to ensure the effective operation of NFBIA and for amending these Policies and Procedures as necessary. Page 427 of 605 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 9 2. Ensuring that Board Policies and Procedures are implemented effectively. 3. Acting as a legal entity to enter into contracts required by the activities of the Board, such as the maintenance, beautification, promotion, economic development as well as the marketing and advertising of the downtown designated area. 4. Electing an Executive who will also act as Signing Officers for the Board. 5. Drafting an annual budget for approval by quorum of the Board of Management; submitting the approved budget to the City of Niagara Falls; requesting release of the levy and implementing the annual budget as approved by the Municipal Council and presentation of the approved budget to NFBIA membership. a. The annual budget approved by the Board of Management and ratified by City Council shall be presented to the NFBIA membership in attendance at the Annual General Meeting. Notification of this meeting shall be given to the membership not less than two weeks (fourteen days) prior to the meeting date. b. The meeting will be held every fall unless otherwise posted with a 60-day notification to the membership. c. At each Annual General Meeting audited financial statements for the previous year shall be presented to the membership. 6. The NFBIA Board shall have the authority to raise funds through events held, to supplement the budget for NFBIA programs. 7. Ensuring that financial transactions are appropriately carried out, that records of all financial transactions are maintained and that these records are audited annually by the auditing firm specified by the City of Niagara Falls. 8. Ensuring that minutes of all Board meetings are recorded and distributed to The City of Niagara Falls and its members through both the City of Niagara Falls and NFBIA websites. 9. Establishing sub-committees and appointing representatives to those sub-committees as required to deal with issues identified by the Board or as requested by The City of Niagara Falls as well as ensuring committee minutes are recorded and kept on file at the Page 428 of 605 Constitution of the Niagara Falls Downtown Improvement Area Constitution of the NFBIA Date: December 2020 Page 10 office of the Board. 10. Hiring the Executive Director to carry out the Board's directives. 11. Maintain communication with the members regarding its activities, including but not limited to, arranging General Meetings of the membership. 12. All other activities necessary to the effective operation of the Board and NFBIA. 13. To establish bylaws for good governance of the NFBIA, provided that should there be a conflict between the said internal bylaws and the constitution, the constitution will prevail. Amendment to Constitution 1. Any amendment to this constitution may be adopted by a two-thirds (2/3) vote of the Board Members present at any Board meeting provided written notice of the proposed amendment and date of such meeting shall have been given to Board Members at least ten (10) business days prior thereto. 2. Any amendment approved by the Board is effective until the conclusion of the AGM following its adoption by the Board but must be ratified by two-thirds (2/3) of votes cast by the membership on the amendment in order to continue in effect after the AGM. Coming Into Force This Constitution shall come into force when approved by a majority of the membership of Niagara Falls Downtown Improvement Area. Passed by the Board of Management on this day September 29th, 2020 Confirmed by the Members on this day November 5th, 2020 Adopted by City Council on this day December 8th, 2020 Page 429 of 605 4605 QUEEN STREET NIAGARA FALLS, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNNIAGARAFALLS.COM Downtown Board of Management CODE OF CONDUCT The Board of Management of the BIA expects of itself, its Directors, BIA members and BIA staff, ethical and business-like conduct. This commitment includes the proper use of authority and appropriate decorum by Directors when interacting with groups and individuals. Directors are to work for the advancement of the BIA. Directors should avoid working for the advancement of themselves, their businesses, or their organizations when this is to the detriment of the BIA. To strengthen the role of the Board of Management and to enhance public trust with respect to the obligations of its Directors, this Code is established to govern and regulate the ethical conduct of all Directors and supplements existing superior legislation, municipal by- laws and related corporate policies that govern conduct. PURPOSE AND PRINCIPLES The Code sets out and identifies the Downtown Board of expectations for its Directors and establishes rules for appropriate conduct. The members of the BIA expect the highest moral and ethical standards of conduct from the Directors that it elects. The behavior and actions of Directors is expected to reflect the principles of accountability, transparency, and public trust. Adherence to these standards will protect and maintain the Board of reputation and integrity. TERMS Board refers to the individuals elected or appointed as a Board Member; Board Member means all members of the Board, including the Chair, Vice Chair Treasurer and Secretary of the Board; Conflict of Interest means a situation in which a Member has competing interest or loyalties between the personal or private interests and his or her public interests as an elected representative such that it might influence his or her decisions in a particular matter; Director means all members of the Board, including the Chair, Vice Chair Treasurer and Secretary of the Board; Discrimination means any form of unequal treatment based on a Code ground, whether imposing extra burdens or denying benefits. It may be intentional or unintentional. It may involve direct actions that are discriminatory on their face, or it may involve rules, practices or procedures that appear neutral, but disadvantage certain groups of people. Discrimination may take obvious forms, or it may happen in very subtle ways. Even if there are many factors affecting a decision or action, if discrimination is one factor, that is a violation of this policy. Harassment means a course of comments or actions that are known, or ought reasonably to be known, to be unwelcome. It can involve words or actions that are known or should be known to be offensive, embarrassing, humiliating, demeaning or unwelcome, based on a ground of discrimination identified by this policy. Harassment can occur based on any of the grounds of discrimination. Page 430 of 605 4605 QUEEN STREET NIAGARA FALLS, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNNIAGARAFALLS.COM Member refers to all individuals within the BIA catchment that the Board recognizes as members in good standing with the Downtown Board of Management; Social Media means web-based applications and on-line forums that allow users to interact, share and publish content such as text, links, photos, audio and video; and Staff means the Executive Director and all commissioners, officers, directors, managers, supervisors and all non-union and union staff, whether fulltime, part-time, contract, seasonal or volunteer, as well as agents and consultants acting in the furtherance of the Downtown Board of business and interest. CONDUCT OF DIRECTORS A Director shall always conduct themselves with propriety, decency, and respect and with the understanding that all members of the BIA, the public, other Directors, and staff are to be treated with dignity, courtesy, and empathy, recognizing that a Director is always a representative of the Board of Management. A Director shall always conduct themselves with decorum during any meetings and in a manner that demonstrates fairness, respect for individual differences, and an intention to work together for the common good and in furtherance of the BIA and its members. COMPLIANCE WITH THE CODE OF CONDUCT This Code applies to every Director. Directors shall: a. observe and comply with every provision of this Code, as well as all other policies and procedures adopted or established by the Downtown Board of Management affecting the Director, acting in their capacity as a Director; b. respect the integrity of the Code and inquiries and investigations conducted under it; and c. co-operate in every way possible in securing compliance with the application and enforcement of the Code. Directors shall not: a. undertake any act of reprisal or threaten reprisal against a complainant or any other person for providing relevant information to the Integrity Commissioner or any other person required to participate in the investigation; or b. obstruct the Integrity Commissioner, or any other municipal official involved in applying or furthering the objectives or requirements of this Code, in the carrying out of such responsibilities, or pursuing any such objective. UNITY AND TEAMWORK Directors shall: a. use the expertise of the Board of Management, staff, and BIA members to enhance the ability of the Board of Management as a body to make wise policy; and b. recognize that the Board of Management and staff have a common purpose: adopt a team approach to ensure the success of the BIA. INTEGRITY, OBJECTIVITY AND PROFESSIONALISM Directors shall: a. act openly and honestly; b. view events or persons objectively and disclose all conflicts of interests; and c. act professionally in performing their duties. Directors shall not: a. allow personal gain or advantage to influence their judgment; b. demonstrate the improper use of influences of their position; or c. work for the advancement of themselves, their businesses, or their organizations when this is to the detriment of the BIA. TRANSPARENCY AND OPENNESS IN DECISION MAKING Directors shall: Page 431 of 605 4605 QUEEN STREET NIAGARA FALLS, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNNIAGARAFALLS.COM a. conduct Board business and their duties in an open and transparent manner so that stakeholders can understand the process and rationale which has been used to reach decisions; b. ensure BIA members have input and receive notice regarding the decision- making processes. ACCESS TO INFORMATION AND CONFIDENTIALITY Directors shall: a. maintain and respect the confidentiality and privacy of any information or report obtained during Board meetings, including but not limited to issues of a sensitive nature. External release of such information or reports must be authorized by the Chair or Board of Management; b. maintain confidentiality regarding any information or report shared or discussed within Board emails; c. only be entitled to have access to information in the possession of the Board of Management that is relevant to matters before the Board or a Committee or that is relevant to their role as Directors. Otherwise, Directors have the same access rights to information as any member of the public; and d. have a continuing obligation to keep information confidential, even if the Director ceases to be a Director. Directors shall not: a. disclose, release, or publish by any means, including social media, any confidential information acquired by virtue of their position, in any form, except when required or authorized by the Board of Management or otherwise by law to do so; b. provide to any other person to disclose, release, or publish any confidential information acquired by virtue of their position, in any form, except when required or authorized by the Board of Management or otherwise by law to do so; c. use confidential information for personal or private gain or benefit, or for the personal or private gain or benefit of any other person or body; or d. disclose or discuss, through written, electronic, or verbal communication, to any individual or corporate third party, any information that has been or will be discussed at a closed session meeting of the Board of Management or a Committee until such time that the Board of Management or Committee has determined or has been advised that the matter, or any part of the matter, can be made public. A Director shall not disclose the content of any confidential information, or the substance of deliberations, of a closed meeting. A Director has a duty to hold any information received at closed meetings in strict confidence for a long and as broadly as the confidence applies. All reports and supporting documents of a closed meeting are to be deemed confidential and will be available to the members 30 to 45 minutes in advance of the closed meeting, as well as during the closed meeting. All confidential documents are to be turned into the Executive Director at the end of the closed meeting, including any notes that were taken or brought into the closed meeting. The exception being notes taken by Executive Director for the purpose of preparing meeting minutes. A Director shall not, either directly or indirectly, in any way divulge any such information or any confidential aspect of the closed deliberations to anyone, unless authorized by the Chair or as required by law. CONFLICT OF INTEREST Every Director shall act honestly and in good faith with a view to the best interests of the BIA in discharging their duties. Directors are subject to the Municipal Conflict of Interest Act which requires that they declare any direct and indirect pecuniary interests, and following the declaration, that they not influence any vote or vote on the matter. Directors are entitled to participate fully on matters in which they have no greater pecuniary interest than other members of the BIA. AVOIDANCE OF DISCRIMINATION OR HARASSMENT Page 432 of 605 4605 QUEEN STREET NIAGARA FALLS, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNNIAGARAFALLS.COM All Directors, members, and staff of the Downtown Board of Management are expected, always, to be mindful of conduct which could be deemed or thought to be unfair, discriminatory, or construed as harassment. All Directors, members, and staff of the Downtown Board of Management are expected to refrain from any form of harassment or discrimination and cooperate fully in any investigation of a harassment or discrimination complaint. Directors shall treat all members, staff, and other directors with respect without abuse, bullying, or intimidation and ensure that the work environment for employees who work for the Downtown Board of Management is free from discrimination and harassment. All Directors and the Executive Director (where applicable) have the additional responsibility to act immediately on observations or allegations of harassment or discrimination. They are responsible for creating and maintaining a harassment- and discrimination-free BIA and should address harassment or discrimination as early as possible. Directors shall not use indecent, abusive or insulting words, phrases or expressions towards any member, staff, or director. Directors shall not make comments or conduct themselves in any citizenship, ethnic origin, place of origin, creed or religion, gender, sexual orientation, marital status, family status, disability, or age. All Directors should treat the BIA staff, their fellow Directors and BIA members with respect and in accordance with all related policies and laws. COMMUNICATIONS WITH MEDIA All Directors should ensure that they do not speak on behalf of the BIA unless given permission to do so by the Chair or Board of Management. If approached by media regarding the BIA, redirect the media to the Executive Director, the Chair, or a dedicated spokesperson. SOCIAL MEDIA Directors are expected to adhere to all policies and guidelines regarding social media use. All policies regarding confidentiality, integrity, harassment, discrimination, professionalism, shall use their social media to publish anything, or allow anything on their social media sites, that is dishonest, untrue, offensive, disrespectful, constitutes harassment, is defamatory or misleading in anyway, or that is in the detriment of the BIA. Directors are requested not to use social media to publish anything, or allow anything on their social media sites, that is in favour of a certain political party or side during their time as a Board Member. I certify that I have read and received this Code of Conduct and that I am responsible for complying with it. Print Name Signature Date Page 433 of 605 1 Heather Ruzylo To:Bill Matson Subject:RE: POSSIBLE SPAM [EXTERNAL]-Urgent Matter: Potential Violations of By-Laws and Regulations by Downtown Niagara Falls Business Improvement Association From: Julio Batres-Gavidia Sent: Friday, February 24, 2023 5:36 PM To: Clerk <clerk@niagarafalls.ca>; CouncilMembers <councilmembers@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca> Subject: POSSIBLE SPAM [EXTERNAL]-Urgent Matter: Potential Violations of By-Laws and Regulations by Downtown Niagara Falls Business Improvement Association February 9th, 2023 Mayor and City Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON, L2E 6X5 Dear Mayor and City Council, I am writing to express my concern regarding two items on the upcoming City Council meeting agenda for February 28th, 2023: Item 10.1 - The Downtown Niagara Falls Business Improvement Association - Removal of Chairman and Item 11.2 - Downtown Board of Management - City Council Letter - 2023 Budget and Levy Letter. Item 10.1 - The Downtown Niagara Falls Business Improvement Association - Removal of Chairman Regarding Item 10.1, I have reviewed the letter submitted by the Niagara Falls Downtown Business Improvement Association (NFBIA) regarding the removal of Phil Ritchie as Chairman. The letter references the NFBIA Public Notice By-Law under section 2 (b) for emergency meetings, which states that notice must be provided as soon as reasonably possible and that the reasons for the emergency meeting must be stated in the notice. The only reasons for emergency meetings include discussing an emergency event requiring immediate reaction from the Board, discussing time-sensitive human resources issues, and discussing time- sensitive legal action. https://downtownniagarafalls.com/uploads/2023/01/Notice-of-Public-Meeting.pdf However, to my knowledge, neither the Chair nor the Vice-Chair called the special executive meeting where this decision was made, and the rest of the board was not allowed to vote on this prior to the letter being sent to council. This action violates the by-law regarding meetings and executive meetings of the NFBIA. The by- law requires that meetings be called by the Chair, with a quorum of fifty (50) percent plus one (1) of the Board of Management present. To my knowledge the only voting members in attendance were the Secretary and the Treasurer and thus not meeting quorum. https://downtownniagarafalls.com/uploads/2021/03/By-laws-of-the-NFBIA-2020.pdf Page 434 of 605 2 According to the letter submitted by the NFBIA, the Executive will make decisions by the majority until a new chair can be nominated and approved at the next regularly scheduled Board meeting on February 27, 2023. However, I have concerns that this decision may not be in compliance with the applicable by-laws and regulations. To my knowledge, the Vice-Chair (Eric Martin) has not been approached about assuming the role of Chair, as the By-Laws of the Niagara Falls Downtown Business Improvement Area state that the Vice-Chair should assume the duties of the Chair if an absence or disability occurs. Furthermore, if both the Chair and Vice-Chair are unable to attend a Board of Management meeting, the board members present at the Executive meeting shall nominate a presiding officer, provided there is a quorum. https://downtownniagarafalls.com/uploads/2021/03/By-laws-of-the-NFBIA-2020.pdf The by-laws also state that whatever decision the executive takes is subject to approval by the board at the next meeting which is not until Monday February 27th. So how can they submit a letter to council before the decision (that was made without quorum) went to the board for approval? Given these concerns, I urge City Council to investigate this matter thoroughly before making any decisions regarding the Chair's removal and the decisions made by the Executive. It is important to ensure that all actions taken by the NFBIA are in compliance with applicable by-laws and regulations, and that the appropriate officers are assuming their responsibilities as outlined in the By-Laws of the Niagara Falls Downtown Business Improvement Area. Item 11.2 - Downtown Board of Management - City Council Letter - 2023 Budget and Levy Letter In regards to item 11.2 which proposes the approval of a budget and levy for the Downtown Niagara Falls Business Improvement Association. According to the attached letter submitted by the Downtown Niagara Falls Board of Management, they are requesting a levy of $463,571 to cover cost-of-living increases to expenses with an overall budget of $908,918 with the estimated external revenues. I believe that this budget should not be approved until a proper general meeting is held. As per recent news reports, the last general meeting of the Downtown Niagara Falls BIA was called a "gong show," and there has been frustration with the board among downtown businesses. https://www.niagarafallsreview.ca/news/niagara-region/2022/12/07/recent-bia-meeting-a-gong-show- frustration-with-downtown-niagara-falls-board-continues.html https://www.105theriver.ca/news/local-news/nf-bia-meeting-poorly-run-attendees/ Given this context, I strongly believe that the membership of the Downtown Niagara Falls BIA should have the opportunity to provide feedback on the budget. There is a petition right now to call a special general meeting and the budget will be one of the items to be discussed. The Special Meeting is being called in accordance with the By-Laws of the Niagara Falls Downtown Business Improvement Area. These by-laws state that a petition signed by 50 or more members of the BIA is sufficient to order a special meeting within 15 days of receipt of that petition by the Executive. Page 435 of 605 3 Therefore, I urge you to delay the approval of the budget and levy until a special general meeting is held and the membership of the BIA has had the opportunity to weigh in on the proposed budget and by-laws. Thank you for your consideration of this matter. Sincerely, Julio Batres-Gavidia CEO, Paradigm Ventures Niagara Inc. 4411 Queen St., Niagara Falls, ON, L2E 2L2 Julio Batres-Gavidia CEO Paradigm Ventures Niagara Inc. President | Paul Harris Fellow Rotary Club of St. Catharines South Cell: 905.380.4710 Email: Interactive Augmented & Virtual Reality Solutions for Advertising and Niagara Falls - Main Office 4411 Queen St., Niagara Falls, ON L2E 2L2 Toronto - Satellite Office 5 Hazelton Ave. Toronto, ON M5R 2E1 Information included in this email is reserved to named addressee’s eyes only. You may not share this message or Page 436 of 605 4 Information included in this email is reserved to named addressee’s eyes only. You may not share this message or any of its attachments to anyone. Please note that as the recipient, it is your responsibility to check the email for malicious software. Finally, the opinions disclosed by the sender do not have to reflect those of the company, therefore the company refuses to take any liability for the damage caused by the content of this email. Paradigm Ventures Niagara Inc. | 4411 Queen St., Niagara Falls, ON, L2E 2L2 | www.venturesniagara.com 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 437 of 605 Department of Corporate Services 1593 Four Mile Creek Road P.O. Box 100, Virgil, ON L0S 1T0 905-468-3266 • Fax: 905-468-2959 www.notl.com SENT ELECTRONICALLY February 10, 2023 The Honourable Doug Ford Premier of Ontario Queen's Park Toronto, ON M7A 1A7 EMAIL: premier@ontario.ca Dear Premier Ford, RE: Bill 23 Please be advised the Council of The Corporation of the Town of Niagara-on-the Lake, at its regular meeting held on January 31, 2023, approved the following resolution: “WHEREAS the government of Ontario, with Bill 23, has made extensive and transformative changes to the land use planning process without meaningful consultation with the municipalities of Ontario; and WHEREAS some of these changes will not have the intended effect of increasing a municipalities’ ability to provide affordable housing; and WHEREAS it is important to recognize the significance of the specialty crop area to our economy, to the environmental health of our community, and the food security of Ontario; and WHEREAS the significant restrictions to the designation of heritage properties and heritage conservation districts proposed to the Ontario Heritage Act will negatively impact our ability to protect heritage, for which Niagara-on-the-Lake is world-renowned and upon which our economy is dependent; and WHEREAS with the removal of planning responsibilities from the Regional Municipality of Niagara (“Niagara Region”) and the change to the core mandate for Niagara Peninsula Conservation Authority (NPCA), many environmental planning review and environmental impact review functions currently provided will be eliminated, thereby, negatively impacting our natural environment, our ability to protect water and natural heritage, and address climate change; and WHEREAS changes to the development charges will limit municipalities’ ability to fund capital costs of growth-related infrastructure and undertake proactive studies to support growth which will lead to significantly increased property taxes Page 438 of 605 to provide infrastructure for new development and will reduce the Town’s Development Charges revenue by over $1.3 million over five years; and WHEREAS “as of right” development does not allow for local context, character or infrastructure capacity considerations; THEREFORE, BE IT RESOLVED that the Town of Niagara-on-the-Lake requests that the Province of Ontario engage in meaningful consultation with the municipalities of Ontario on the many short and long-term impacts expected as a result of Bill 23; FURTHER that the Province recognizes and provides feasible solutions to address the negative impacts on municipalities, including, but not limited to, heritage, environment, food security, public consultation, loss of revenue to support growth infrastructure (e.g. development charges), in order to ensure that decision-making regarding growth will address the local needs of the various municipalities while achieving the growth objectives of the Province; and FURTHER that this motion be distributed to the Premier of Ontario, Minister of Municipal Affairs and Housing, Minister of Heritage, Sports, Tourism and Culture Industries, Minister of Agriculture, Food, and Rural Affairs, Minister of the Environment, Conservation and Parks, Minister of Economic Development, Job Creation and Trade, and Minister of Infrastructure, MPP Wayne Gates, the Niagara Region, and all municipalities within the Region of Niagara.” If you have any questions or require further information, please contact our office at 905-468-3266. Sincerely, Victoria Steele (A) Town Clerk c.c. Honourable Steve Clerk, Minister of Municipal Affairs & Housing – minister.mah@ontario.ca Honourable Neil Lumsden, Minister of Tourism, Culture and Sport – minister.lumsden@onatrio.ca Honourable Lisa M. Thompson, Minister of Agriculture, Food, and Rural Affairs – minister.omafra@ontario.ca Honourable David Piccini, Minister of the Environment, Conservation and Parks – minister.mecp@ontario.ca Honourable Victor Fedeli, Minister of Economic Development, Job Creation and Trade – MEDJCT.Minister@ontario.ca Honourable Kinga Surma, Minister of Infrastructure – Minister.MOI@onatrio.ca MPP Wayne Gates - wgates-co@ndp.on.ca The Regional Municipality of Niagara All local area municipalities with the Region of Niagara Page 439 of 605 1 Michael Stewart To:Bill Matson Cc:Heather Ruzylo Subject:RE: NOTL Letter to Premier re: Bill 23 From: Shaunna Arenburg <shaunna.arenburg@notl.com> Sent: Monday, February 13, 2023 10:44 AM To: premier@ontario.ca Cc: ann-marie.norio@niagararegion.ca; Bill Matson <billmatson@niagarafalls.ca>; hwillford@pelham.ca; Joanne Scime <jscime@westlincoln.ca>; Kirkelos, Julie <jkirkelos@lincoln.ca>; Meredith Ciuffetelli <mciuffetelli@wainfleet.ca>; Nicole Rubli <cityclerk@portcolborne.ca>; Sarah Kim <skim@grimsby.ca>; cschofield@forterie.ca; Sullivan, Kristen <ksullivan@stcatharines.ca>; Tara Stephens <clerk@welland.ca>; Thorold <clerk@thorold.ca>; William Kolasa <WKolasa@wainfleet.ca>; wgates-co@ndp.on.ca; minister.mah@ontario.ca; minister.lumsden@onatrio.ca; minister.omafra@ontario.ca; minister.mecp@ontario.ca; MEDJCT.Minister@ontario.ca; Minister.MOI@onatrio.ca; Clerks <clerks@notl.com> Subject: NOTL Letter to Premier re: Bill 23 Good Morning, Attached please find a letter from the Municipality of the Town of Niagara-on-the-Lake dated February 10, 2023 re: Bill 23. Kind Regards, Shaunna Arenburg (A) Deputy Clerk 1593 Four Mile Creek Road Virgil, ON L0S 1T0 Tel: (905) 468-6488 Web: www.notl.com Email: shaunna.arenburg@notl.com NOTICE: This e-mail message (including all attachments) and any printed, copied, saved or other renditions of it or of any part of its contents is confidential and is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any review, printing, dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error please 'Reply to Sender' immediately and erase and delete this entire e- mail and delete and destroy any printed, copied, saved or other renditions of it immediately. Page 440 of 605 MUNICIPALITY OF SHUNIAH 420 Leslie Avenue,Thunder Bay,Ontario P7A 1X8 Phone:(807)683-4545 Fax:(807)683-6982 {Email:shuniah@shuniah.org www.shuniah.org1.w.,n....-.. February 10,2023 The Honourable Doug Ford Premier of Ontario Legislative Building,Queen'sPark Toronto,ON M7A lAl Via Email:premier@ontario.ca Dear Premier Ford, RE:Municipal Petition in Opposition of Bill 3 At the Council meeting held on Januaiy 31,2023,the Council of the Municipality of Shuniah passed the attached resolution #45-23 supporting the Town of Cobourg (Resolution 406-22)and the Municipality of Greenstone (resolution 22-396)regarding Bill 3 and further opposing the changes that Bill 3 makes to the Municipal Act,2001 and Municipal Con?ict of Interest Act. The Municipality of Shuniah resolves to petition the Government of Ontario: 1.THAT these changes to the Municipal Act,2001,are unnecessary and would negatively affect the Municipality of Shuniah;and 2.THAT if the Ontario Government deems these changes necessary in large single-tier municipalities such as Toronto and Ottawa,that such changes should not be implemented in smaller municipalities;and 3.THAT the Ontario Government should enact legislation clarifying the role of Mayor,Council and Chief Administrative Of?cer,similar to those recommended by the Ontario Municipality Administrator's Association and those recommendedby Justice Marrocco in the Collingwood judicial inquiry of 2022; and 4.THAT if the stated goal of this legislation is to construct more housing in Ontario that this can be accomplishedthrough other means including amendment of the Planning Act and funding of more affordable housing. A copy of the above noted resolution is enclosed for your reference and consideration. Yours truly, 1 (1/6:/M,'' Kerry Bellamy 1 Clerk “ KB/jk Cc: Lise Vaugeois,MPP Thunder Bay Superior North Kevin Holland,MPP Thunder Bay-Atikokan Ministry of Municipal Affairs and Housing (MMAH) Association of Municipalitiesof Ontario (AMO) All Ontario Municipalities Roads Department (807)983-2550 Fire Department (807)-983-2021 Page 441 of 605 ne9atiye|v_,affectthe Munisipalitycof§hunia_h;an<1|,, 74 C COUNCIL RESOLUTION Date:Jan 31 2023 ” ResolutionNo.:‘/5 ‘9x3 Moved By:Q ,[K1 Seconded By:wt THAT Council support the resolution put forward by the Town of Cobourg and the Municipality of Greenstone; WHEREAS the Government of Ontario has enacted Bill 3 which is a described as "An Act to amend various statutes with respect to special powers and duties of heads of Council; AND WHEREAS this Billwill initially apply to the City of Toronto and the City of Ottawa but,according to a statement made by the Premiere at the 2022 AMO annual conference,will later be expanded to include other municipalities; AND WHEREAS this will give Mayors additional authority and powers,and correspondingly take away authority and powers from Councils and professional staff, and will include giving the Mayor the authority to propose and adopt the Municipal budget and to veto some decisions of Council; AND WHEREAS this Billwill give authority over professional staff to the Mayor, including that of the Chief Administrative Officer; AND WHEREAS these changes will result in a reduction of independence for professional staff including the COA,who currently provide objective information to the Council and public and will not take direction from the Mayor alone when the Mayor so directs; AND WHEREAS these surprising and unnecessary changes to the historical balance of power between a Mayor and Council,and which historically gave the final say in all matters to the will of the majority of the elected Council; NOW THEREFORE BE IT RESOLVED THAT Council for the Corporation of the Municipality of Shuniah passes this resolution to petition the Government of Ontario: 1.THAT these changes to the Municipal Act,2001,are unnecessary and would Ti ””Pé®23W3‘l Page 442 of 605 2.THAT is the Ontario Government if the Ontario Government deems these changes necessary in large single-tier municipalities such as Toronto and Ottawa,that such changes should not be i l implemented in smaller municipalities;and l l 3.THAT the Ontario Government should enact legislation clarifying the role of Mayor,Council and Chief Administrative Officer,similar to those recommended by the Ontario Municipality Administrator's Association and those recommended by Justice Marrocco in the Collingwood judicial inquiry of 2022; and 4.THAT if the stated goal of this legislation is to construct more housing in Ontario that this can be accomplished through other means including amendment of the Planning Act and funding of more affordable housing; AND BE IT FURTHER RESOLVED THAT a copy of this resolution be provided to the Premier of Ontario,the Minister of Municipal Affairs and Housing,Lise Vaugeois,MPP,Kevin Holland,MPP,and the Association of Municipalities of Ontario and all municipalities in Ontario.” Eéarried |:|Defeated |:l Amended |:l Deferred MH"i°lPa'llY,9f ,S_h”“l3,,h,z420'-,‘?$ll_?/,*,Y?“”‘5,~,Th‘J",df~"?.F,B§¥:,,Q,“}_3Il9:, Page 24 of 31 Page 443 of 605 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 February 24, 2023 CL 3-2023, February 23, 2023 PHSSC 2-2023, February 14, 2023 COM-C 14-2023, February 14, 2023 DISTRIBUTION LIST SENT ELECTRONICALLY Motion Respecting Declarations of Emergency for Homelessness, Mental Health and Opioid Addiction COM-C 14-2023 Regional Council, at its meeting held on February 23, 2023, passed the following recommendation, as amended, of its Public Health and Social Services Committee: Whereas Niagara Regional Council acknowledges that the challenges of homelessness, mental health and the opioid crisis are exceptionally complex issues that have a measurable and significantly detrimental impact on the residents of the Niagara region, including the loss of life; Whereas addressing these issues places extreme stress on upper and lower-tier municipal programs and services, the Niagara Regional Police, Niagara Health, Emergency Medical Services and various non-profit service providers across the region; Whereas the challenges of homelessness, mental health and opioids have seen a trend of becoming more prevalent in recent years and continue to have a significant impact on the Niagara community; Whereas Niagara Region, through the staff in Community Services and Public Health, has taken many steps to address these issues with the development and provision of best-practice programming designed to mitigate their impact on the community; Whereas Niagara Regional Council acknowledges that the challenges of homelessness, mental health and the opioid crisis are intrinsically diverse and should not be viewed as a single monolithic problem; Whereas addressing these challenges will require strategies and tactics that are specifically designed for each of the unique issues; Whereas Niagara Region accepts that the responsibility to address these challenges rests with multiple stakeholders, including the provincial government and its agencies; Page 444 of 605 Motion Respecting Declarations of Emergency for Homelessness, Mental Health and Opioid Addiction February 24, 2023 Page 2 Whereas 26 Niagara agencies within the Region, including Public Health and Emergency Medical Services, have collaboratively developed a Substance Use Prevention Strategy known as the Opioid Prevention and Education Network of Niagara, and are actively implementing it; Whereas Niagara Region is a “Built for Zero” community that has accurate and timely data regarding its homeless population and delivers programs and services targeted for strategically helping those individuals experiencing homelessness; Whereas the challenges of homelessness, mental health and opioid addiction are found throughout the entire province of Ontario and are not unique to Niagara; Whereas Niagara Regional Council recognizes that municipal emergencies in Ontario are declared by the head of council as per the process detailed in the Emergency Management and Civil Protections Act; and Whereas Niagara Regional Council acknowledges that the declaration of an emergency does not immediately result in a municipality receiving any additional funds or resources from senior levels of government. NOW THEREFORE BE IT RESOLVED: 1. That the Regional Chair BE DIRECTED to formally issue three separate declarations of emergency, in the areas of homelessness, mental health and opioid addiction, as per the procedure outlined in the Emergency Management and Civil Protection Act; 2. That the Regional Chair BE DIRECTED to send correspondence to the Provincial Government requesting that action be taken on the eight measures proposed by the Association of Local Public Health Agencies (as previously endorsed by Regional Council on June 23, 2022), including: a. Creation of a multi-sectoral task force to guide the development of a robust provincial opioid response plan that will ensure necessary resourcing, policy change, and health and social system coordination; b. Expanding access to evidence informed harm reduction programs and practices including lifting the provincial cap of 21 Consumption and Treatment Service (CTS) Sites, funding Urgent Public Health Needs Sites (UPHNS) and scaling up safer supply options; c. Revision of the current CTS model to address the growing trends of opioid poisoning amongst those who are using inhalation methods; d. Expanding access to opioid agonist therapy for opioid use disorder through a range of settings (e.g. mobile outreach, primary care, emergency departments, Rapid Access to Addiction Medicine Clinics), and a variety of medication options; Page 445 of 605 Motion Respecting Declarations of Emergency for Homelessness, Mental Health and Opioid Addiction February 24, 2023 Page 3 e. Providing a long-term financial commitment to create more affordable and supportive housing for people in need, including people with substance use disorders; f. Addressing the structural stigma and harms that discriminate against people who use drugs, through provincial support and advocacy to the Federal government to decriminalize personal use and possession of substances and ensure increased investments in health and social services at all levels; g. Increasing investments in evidence-informed substance use prevention and mental health promotion initiatives that provide foundational support for the health, safety and well-being of individuals, families, and neighbourhoods, beginning from early childhood; and h. Funding additional and dedicated positions for public health to support the critical coordination and leadership of local opioid and substance abuse strategies; 3. That the Regional Chair BE DIRECTED to send correspondence to the Minister of Municipal Affairs and Housing requesting action be taken to correct the funding allocation model for homelessness based on the results of Auditor General’s 2021 report which found that provincial funding in this area is incorrect; 4. That the Regional Chair BE DIRECTED to send correspondence to the Ministry of Health and the CEO of Ontario Health requesting that the province immediately commit to fully funding gaps in mental health service as have been identified in the Needs Based Planning project by Niagara Ontario Health Team’s Mental Health and Addictions Working Group, as well as funding ongoing annual increases as required by inflation and population need; 5. That the Regional Chair BE DIRECTED to send correspondence to Federal Minister of Justice and Attorney General, David Lametti, and Federal Minister of Health, Jean-Yves Duclos, reaffirming Regional Council’s October 22, 2020 motion urging the Federal government convene a task force to explore the legal regulation and decriminalization of all drugs in Canada; 6. That the Regional Chair BE DIRECTED to send correspondence to the Association of Municipalities of Ontario (AMO) requesting that targeted advocacy be conducted in these areas, including the development of a singular motion that can be ratified by municipal councils across Ontario calling on the province to take immediate action; 7. That Niagara Region, through its Public Health and Social Services Committee, URGE the federal government to declare homelessness as a humanitarian crisis; and Page 446 of 605 Motion Respecting Declarations of Emergency for Homelessness, Mental Health and Opioid Addiction February 24, 2023 Page 4 8. That this motion BE CIRCULATED to the local area municipalities, all municipalities in Ontario, the Federation of Canadian Municipalties (FCM), and local MPs and MPPs. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2023-019 Distribution List: Local Area Municipalities All Ontario Municipalities Federation of Canadian Municipalities Chris Bittle, Member of Parliament, St. Catharines Vance Badawey, Member of Parliament, Niagara Centre Tony Baldinelli, Member of Parliament, Niagara Falls Dean Allison, Member of Parliament, Niagara West Jennie Stevens, Member of Provincial Parliament, St. Catharines Jeff Burch, Member of Provincial Parliament, Niagara Centre Wayne Gates, Member of Provincial Parliament, Niagara Falls Sam Oosterhoff, Member of Provincial Parliament, Niagara West Page 447 of 605 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 February 24, 2023 CL 3-2023, February 23, 2023 PEDC 2-2023, February 15, 2023 PDS 2-2023, February 15, 2023 DISTRIBUTION LIST SENT ELECTRONICALLY Niagara Region Climate Change Projections PDS 2-2023 Regional Council, at its meeting held on February 23, 2023, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 2-2023, dated February 15, 2023, respecting Niagara Region Climate Change Projections, BE RECEIVED and BE CIRCULATED to Local Area Municipalities, the Niagara Peninsula Conservation Authority (NPCA) and Niagara Adapts. A copy of PDS 2-2023 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2023-022 Page 448 of 605 Niagara Region Climate Change Projections February 24, 2023 Page 2 cc: Susan McPetrie, Planner, Planning & Development Services Michelle Sergi, Commissioner, Planning & Development Services Nicole Oakes, Executive Assistant to the Commissioner, Planning and Development Services Distribution List: Local Area Municipalities Niagara Peninsula Conservation Authority (NPCA) Niagara Adapts Page 449 of 605 PDS 2-2023 February 15, 2023 Page 1 Subject: Niagara Region Climate Change Projections Report to: Planning and Economic Development Committee Report date: Wednesday, February 15, 2023 Recommendations 1. That Report PDS 2-2023 BE RECEIVED for information; and 2. That a copy of Report PDS 2-2023 BE CIRCULATED to the Local Area Municipalities, the Niagara Peninsula Conservation Authority (NPCA) and Niagara Adapts. Key Facts  The purpose of this report is to provide an overview and a summary of key findings of the Climate Modeling and Projections project completed by the Ontario Climate Consortium (OCC) on behalf of Niagara Region.  Niagara Region retained the OCC in February of 2021 to deliver:  a climate projections report, including an analysis of regional climate trends and impacts on economic sectors (Appendix 1); and  a training session for staff and interested parties to build capacity and facilitate integration of the climate data into future projects, policies and initiatives.  The OCC modelled region-specific climate data for various climate parameters in the short-term (2021-2050) and the long-term (2051-2080), relative to baseline values (1971-2000), using both a business-as-usual (increasing greenhouse gas emissions) scenario and a stabilized emissions scenario.  Based on the analysis completed by the OCC, under the business-as-usual scenario, Niagara Region is expected to experience a wetter and warmer climate with more extreme precipitation and temperature events, which may pose threats to the health of communities, natural systems, infrastructure, agriculture, economy, and services within the region. Page 450 of 605 PDS 2-2023 February 15, 2023 Page 2 ______________________________________________________________________  The projections provide critical data about Niagara’s changing climate that can be used to inform the planning and implementation of strategies to help communities prepare for the impacts of climate change. This data was also used to inform the policies of the newly approved Niagara Official Plan. Financial Considerations There are no financial considerations directly related to this report. The costs associated with completing the Climate Modeling and Projections project were accommodated within the Council approved project budget for the Niagara Official Plan (NOP) (2017- 2021). Analysis Climate models use computer programs to simulate the earth’s weather patterns over time and generate predictions about future climate conditions under different scenarios, such as increasing greenhouse gas emissions. These predictions provide data that can inform the planning and implementation of adaptation strategies to help communities prepare for the impacts of climate change. In January 2021, the Planning and Economic Development Committee endorsed an updated climate change work program for the new NOP (PDS 6-2021). A key pillar of that work program was to develop regional climate models and projections as a means of providing critical data about Niagara’s changing climate, which can be used to inform policy decisions at the Regional and local municipal levels. Project Overview and Milestones Niagara Region engaged the OCC, a branch of the Toronto and Region Conservation Authority, as the technical lead on the Climate Modeling and Projections project, with the NPCA as a project partner. Work began on the study in Febru ary 2021. The project work plan included two key deliverables:  The first was a climate projections report that provided an overview of the methodology, an analysis of predicted climate trends and impacts throughout the region, as well as maps and graphs for key climate variables. The report also included discussion of the differences between climate projections for Niagara’s northern and southern regions. Page 451 of 605 PDS 2-2023 February 15, 2023 Page 3 ______________________________________________________________________  The second deliverable was a training session for staff and other interested parties to help enhance understanding of the climate data and how this information can be applied and integrated into future work. Upon completion of the climate projections report, a training session was held for Regional, local and NPCA staff on February 15, 2022. The presentation slides and a recording of the session were made publicly available on Niagara Region’s Official Plan website (www.niagararegion.ca/official- plan/). In addition to the report and training session, the project team also held working sessions to confirm the methodology and climate parameters used in the project and to provide preliminary findings for comment and feedback. Local area municipalities and agencies were invited to participate in the sessions. One of these sessions included a meeting with the Brock University staff members leading Niagara Adapts, a partnership between the University and municipalities in the region focused on climate change adaptation planning. Methodology Using an ensemble of climate models, the OCC developed region-specific projections for selected climate parameters for short-term (2021-2050) and long-term (2051-2080) periods, and compared them to values for a baseline (1971-2000) period. There were 52 climate parameters analyzed including, mean annual temperature, annual average number of days above 35 degrees Celsius, annual average number of days below -20 degrees Celsius, total average annual precipitation and maximum precipitation in one day. For each of the future periods, short- and long-term, the climate data were modelled for two different socio-economic scenarios of greenhouse gas emissions: business-as- usual and stabilized emissions. The business-as-usual scenario projects continued increases to greenhouse gas concentrations beyond the end of this century. In the stabilized scenario, emissions would decline by mid-century and then stabilize by 2100. This scenario assumes implementation of climate policies limiting emissions and shifts in the current energy and transportation system. Given the challenges in anticipating global climate action, the climate projections report focuses on the business -as-usual scenario results and includes summary tables for the stabilized scenario in an appendix. Page 452 of 605 PDS 2-2023 February 15, 2023 Page 4 ______________________________________________________________________ Results The tables in this section provide a summary of findings for key climate parameters under the business-as-usual emissions scenario. A full description and discussion of the projections for all 52 climate parameters analyzed in the project is contained in the Climate Projections for Niagara Region report in Appendix 1. Temperature Based on the analysis completed by the OCC, daily mean, maximum and minimum temperatures are expected to increase throughout Niagara (Table 2). The region will likely experience an average annual temperature increase of 2 degrees Celsius from the baseline to short-term climate period and 3.6 degrees Celsius from the baseline to long-term climate period. The most significant impact will be observed in areas in the northwest portion of the region, where average annual temperatures are expected to be the highest in all three climate periods. Increasing winter temperatures will result in more variable weather, including the timing and amount of precipitation and an increasing shift from snowfall to rainfall. Rainfall during winter months, when soils may be frozen and less permeable to infiltration, can contribute to more runoff and flooding conditions. Page 453 of 605 PDS 2-2023 February 15, 2023 Page 5 ______________________________________________________________________ Table 1: Daily Mean, Maximum and Minimum Temperature Projections for the Business-as- Usual Emissions Scenario for the Niagara Region Climate Parameters Baseline (1971-2000) (oC) Short-Term (2021-2050) (oC ) Long-Term (2051-2080) (oC) Trend Mean Annual Temperature 8.7 10.7 12.3 Increasing Summer Mean Maximum Daily Air Temperature 24.9 26.7 28.4 Increasing Winter Mean Maximum Daily Air Temperature 0.7 3.3 4.7 Increasing Summer Mean Minimum Daily Air Temperature 15.23 17.1 18.6 Increasing Winter Mean Minimum Daily Air Temperature -7.09 -5.0 -2.3 Increasing During the summer, increased temperatures will result in more extreme heat days where temperatures are above 30 degrees Celsius. The number of days above 30 degrees Celsius is projected to increase from 10.4 days per year in the baseline period to 23.9 days per year in the short-term and 39.4 days per year in long-term (Table 3). Extreme heat events can intensify existing health conditions and trigger a variety of heat-stress conditions, particularly in vulnerable populations. Extreme cold conditions are expected decline. Annual average minimum daily temperatures will increase from the baseline period by 1 to 3 degrees Celsius during 2021-2050 and by 3 to 4.5 degrees Celsius during the 2051-2080 climate period. The number of days below -10 degrees Celsius is expected to decrease from 32.4 days per year in the baseline period to 20.3 days per year in the short-term and 7.6 days per year in the long-term (Table 3). Increasing temperatures in both the winter and summer, may have ecological impacts, including reduced habitat suitability and an increase in the northward migration of invasive species. Page 454 of 605 PDS 2-2023 February 15, 2023 Page 6 ______________________________________________________________________ Table 2: Extreme Temperature Projections for the Business-as-Usual Emissions Scenario for the Niagara Region Climate Parameters Baseline (1971-2000) (days/year) Short-Term (2021-2050) (days/year ) Long-Term (2051-2080) (days/year ) Trend Days Above 35oC 0.3 2.1 7.1 Increasing Days Above 30oC 10.4 23.9 39.4 Increasing Days Above 25oC 53.5 77.7 95.8 Increasing Tropical Nights (days with min. temps. above 20oC) 9.4 24.5 46.2 Increasing Days Below -20oC 4.2 2.2 0.1 Decreasing Days Below -15oC 12.3 6.5 1.0 Decreasing Days Below -10oC 32.4 20.3 7.6 Decreasing Days Below 0oC 125.1 105.7 83.8 Decreasing Precipitation Total precipitation is projected to increase over the next two climate periods (2020-2051 and 2051- 2080) relative to the baseline (Table 4). An increase between 0.1 – 0.9 mm and 0.2 – 1 mm is expected for the short and long-term future periods, respectively. The southern part of the region has a higher annual precipitation than northern areas across all climate periods. However, the northern part of the region will see a slightly higher increase (12 per cent) in precipitation than the southern region (11 per cent). The maximum precipitation falling in one day is expected to increase by about 10 per cent in the long-term period. The maximum amount of precipitation falling over three consecutive days is expected to increase by 6 per cent from the baseline to the long- term period. The frequency of extreme precipitation days (i.e., daily precipitation greater than 25 mm) is projected to increase by 21 per cent and 47 per cent in the short and long-term periods, respectively, relative to the baseline (Table 4). These extreme precipitation events can lead to flooding, riverbank erosion, negative impacts on water quality and infrastructure damage. In particular, heavy precipitation combined with warmer temperatures in the winter may result in greater runoff and flooding due to the potentially frozen ground. Page 455 of 605 PDS 2-2023 February 15, 2023 Page 7 ______________________________________________________________________ Table 3: Precipitation Projections for the Business-as-Usual Emissions Scenario for the Niagara Region Climate Parameters Baseline (1971-2000) Short-Term (2021-2050) Long-Term (2051-2080) Trend Total Average Annual Precipitation (mm) 1080.6 1135.0 1192.0 Increasing Maximum Precipitation in 1 day (mm) 70.7 72.7 78.1 Increasing Maximum Precipitation in 3 days (mm) 112.4 109.3 119.5 Increasing Extreme Precipitation Days (# days/year where precipitation exceeds 25 mm) 4.8 5.8 7.1 Increasing Agricultural Parameters The results from the growing season analysis indicate that the total increase from 1971- 2000 to 2051-2080 in the growing season will be approximately 15 days under the business-as-usual emissions scenario (Table 5). However, the modeling showed occurrence of cold snaps following onset of the growing season and instances of warmer temperatures returning after the growing season end day. Therefore, growing season length will be impacted by the ability of the crops to withstand temperature fluctuations. With the temperature rise, the region is expected to have more ideal days for growing crops including corn, canola, forage crops and beans. The number of Growing Degree Days above zero degrees Celsius are predicted to increase by 30 per cent by the long- term future climate period (2051-2080) compared to the baseline period (1971 -2000). However, with an increase in temperature comes the risk of more pests. The number of Growing Degree Days for pest occurrence in the region is expected to increase two-fold by the long-term climate period compared to the baseline period (Table 5). Page 456 of 605 PDS 2-2023 February 15, 2023 Page 8 ______________________________________________________________________ Table 4: Projections for Agricultural Parameters for the Business-as-Usual Emissions Scenario for the Niagara Region Climate Parameters Baseline (1971-2000) Short-Term (2021-2050) Long-Term (2051-2080) Trend Growing Season Length (days/year) (annual # of days after 5 consecutive days above 5oC and before 5 consecutive days below 5oC) 186 194 201 Increasing Growing Degree Days (days/year) (index of the amount of heat available for the growth and maturation of plants and insects) 3584.1 4104.0 4641.7 Increasing Growing Degree Days at Risk of Presence of Pests (days/year) 594.2 911.9 1128.2 Increasing Freeze-Thaw Cycles (events/year) 76.6 67.4 55.8 Decreasing Ice Potential (days/year) 19.0 16.1 11.7 Decreasing With increased temperatures, it is expected that there will be fewer freeze-thaw cycles and less occurrence of ice. The freeze-thaw cycle in the region is expected to decline by 27 per cent during the long-term climate period compared to the baseline period. Ice potential is predicted to decrease over 35 per cent from the baseline until the long-term climate period (Table 5). While there may be an overall increase in growing season length, the expected increase in intense heat and precipitation events, as well as the increased presence of pests, may post a risk to crops and have a negative impact on production. Page 457 of 605 PDS 2-2023 February 15, 2023 Page 9 ______________________________________________________________________ Next Steps In September of 2021, Regional Council passed a motion declaring a climate change emergency. The Climate Modeling and Projections project provides critical information that will support policies and action to respond and adapt to this emergency. This dataset will be shared with Regional staff and local area municipalities and agencies (i.e. Niagara Adapts, NPCA), to ensure that policy-makers and resource managers have access to a consistent source of information to support decisions. At the Regional level, the climate data has already been utilized by Niagara Region’s Public Health and Emergency Services to complete the 2022 Assessment of Health Impacts and Vulnerabilities Due to Climate Change report. The report draws on the climate predictions to identify expected health impacts for Niagara residents and the adaptive capacity to respond to these impacts. Corporate Strategy and Innovation have also used the climate projections to support development of new corporate greenhouse gas emission reduction targets. In March 2023, staff are bringing a climate change report to Council on the Region’s process on the 2021 climate change emergency declaration items, the Partner’s for Climate Protection program, new greenhouse gas emission targets and community partnerships and engagement. As identified in the NOP, the climate projections will be used to inform an assessment of climate change vulnerabilities throughout the region, such as risks to infrastructure, natural features and resources. The NOP also identifies that the climate data will inform the development and implementation of a climate change adaptation strategy to prepare for and mitigate the impacts of climate change. With the increasing need to consider the impacts of climate change on Regional services and operations, the climate projections data will play a critical role in planning for anticipated changes and identifying opportunities to increase climate resilience. Page 458 of 605 PDS 2-2023 February 15, 2023 Page 10 ______________________________________________________________________ Alternatives Reviewed This report is prepared for information only; therefore, no alternat ives are provided. Relationship to Council Strategic Priorities The information in this report relates to the following Council strategic priorities:  Priority 2: Healthy and Vibrant Communities  Objective 2.1 Enhance Community Well-Being  Priority 3: Responsible Growth and Infrastructure Planning  Objective 3.2 Environmental Sustainability and Stewardship  Objective 3.3 Maintain Existing Infrastructure Other Pertinent Reports  PDS 22-2018 Climate Change Framework  PDS 6-2021 Climate Change Work Program Update  PDS 17-2021 Niagara Official Plan Consolidated Policy Report  PDS-C 31-2021 Niagara Climate Modeling Project Update ________________________________ Prepared by: Susan McPetrie Planner Planning and Development Services _______________________________ Recommended by: Michelle Sergi, MCIP, RPP Commissioner Planning and Development Services ______________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer Page 459 of 605 PDS 2-2023 February 15, 2023 Page 11 ______________________________________________________________________ This report was prepared in consultation with Lindsey Morin, MCIP, RPP, Senior Planner and Beatrice Perna, Climate Change Specialist, and reviewed by Erik Acs, MCIP, RPP, Manager of Community Planning. Appendices Appendix 1 Climate Projections for Niagara Region (https://www.niagararegion.ca/official-plan/pdf/climate-projections.pdf) Page 460 of 605 The Corporation of the Town of Grimsby Administration Office of the Town Clerk 160 Livingston Avenue, Grimsby, ON L3M 0J5 Phone: 905-945-9634 Ext. 2171 | Fax: 905-945-5010 Email: bdunk@grimsby.ca February 27, 2023 438 University Ave 6th Floor Toronto, ON M7A 1N3 SENT VIA E-MAIL Attention: Hon. Neil Lumsden, Minister of Tourism, Culture and Sport RE: Changes to the Municipal Heritage Register Please be advised that the Council of the Corporation of the Town of Grimsby at its meeting held on February 6, 2023 passed the following resolution: WHEREAS the Municipal Heritage Register is an important tool for the preservation and protection of cultural heritage properties within the Town of Grimsby and throughout the province of Ontario; WHEREAS cultural heritage properties are those which have potential cultural heritage value or interest but have yet to been formally evaluated as per the process prescribed in the Ontario Heritage Act; WHEREAS listed properties are labelled as such as they are ‘listed’ in the Town of Grimsby's Municipal Heritage Register, which identifies all municipally-recognized cultural heritage resources; WHEREAS the Municipal Heritage Register allows municipalities to regulate demolition on properties protected under section 27 of the Ontario Heritage Act, ensuring that their cultural heritage value is preserved for future generations; WHEREAS “listing” a property on the municipal heritage register recognizes a property’s cultural heritage value, and is generally less complex, time-consuming, and Page 461 of 605 economically burdensome to local municipalities than pursuing the designation of a property as outlined within the existing process, which requires extensive research and documentation; WHEREAS the “listing” of properties on the Municipal Heritage Register provides a measure of protection, ensuring that these propertie s cannot be demolished without the approval of the municipality; WHEREAS it is important to list properties of cultural heritage value or interest, including those that are not currently designated, in order to ensure their preservation for future generations; WHEREAS the 60-day demolition provision in the Ontario Heritage Act provides a short time frame for the municipality to consider the heritage value of a property before it may be demolished; WHEREAS the new requirements of the Ontario Heritage Act mandate the assessment of an unreasonable amount of resources for a local municipality within a 2-year timeline; WHEREAS the new requirement of removal after the 2 -year anniversary leaves resources exposed, and unprotected for up to 5 years; WHEREAS the new requirements do not allow the municipality to further assess our nationally significant resources, more specifically resources connected to the War of 1812, our indigenous communities and culture, people of colour, LGBTQ+, and impacts our community’s commitment to ensure preservation of our inclusive history. THEREFORE, BE IT RESOLVED that the Council of the Town of Grimsby addresses this resolution to the government of the Province of Ontario, affirming the importance of the Municipal Heritage Register and its role in preserving the cultural heritage of municipalities throughout the province; BE IT FURTHER RESOLVED that this Council of the Town of Grimsby encourages the government of the Province of Ontario to make changes to the Ontario Heritage Act which promote the retention and expansion of the Municipal Heritage Register, including Page 462 of 605 the listing of properties of cultural heritage value or interest that are not currently designated; BE IT FURTHER RESOLVED that this Council of the Town of Grimsby encourages the government of the Province of Ontario to change the Ontario Heritage Act to protect the 60-day demolition provision indefinitely, rather than for a maximum of 2 years in order to provide adequate time for the municipality to consider the heritage value of properties before they may be demolished; BE IT FURTHER RESOLVED that this Council of the Town of Grimsby circulate this notice of motion to the municipalities of Ontario for endorsement and circulation to the Province. If you require any additional information, please let me know. Regards, Bonnie Nistico-Dunk Town Clerk cc. All Ontario Municipalities Page 463 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-01 Friday, February 24, 2023 "New Blood" Council, Did you know Councilor Mona Patel made plans to hold a town hall meeting on Wednesday 22nd* at Niagara Shrine Club on North Street between 6:30 and 8 pm? *(Online research did not provide an actual date disclosed but it appears Wednesday 22nd was inferred). For those of you (general public) who are not familiar with Councilor Mona Patel, here is her public profile picture from the city web site. Page 464 of 605 The OPNFC would like to commend Councilor Patel's efforts to uphold her core value campaign. The Niagara Falls Review did publish a news article, (https://www.niagarafallsreview.ca/news/council/2023/02/21/rookie-niagara-falls-city- councillor-wants-to-take-communitys-pulse-during-town-hall-session.html), but having done so the day before the town hall was to be held didn't really compliment the event. Furthermore it is unclear if the event actually took place considering the ice storm event that occurred on the same day. Would Councilor Patel clarify if indeed the event took place and if so what were the results? If the event was postponed, could the new date be disclosed and published with more lead-time. This is a perfect example of what an injection of "new blood" into a city council does for it's community, she has demonstrated self-initiative and more importantly, implementation, and the OPNFC would like to bring it to the attention of the residents of Niagara Falls. Should they desire to remain on council next term, it may do well for the other new councilors to follow her lead and show the same initiative, less they follow the path of former "new" Councilor Chris Dabrowski and find themselves possibly subjected to public embarrassment and the financial loses of desiring re-election only to fall from the height of a Chippawa billboard into political obscurity. Had it been a race, which it was not, as to which new councilor would demonstrate their "above and beyond the call of duty", it would appear Councilor Patel won. As for the "old guard", well most did not even make an attempt to commit to campaign initiatives. What more is there to say at this point in time. Times are changing councilors and if you think your cumulative inactions and failures are not being recorded and tallied for publication, think again. Although the OPNFC is tasked to criticizes and challenge the governing council, it is not above acknowledging exemplary acts of service. Good on you Councilor Patel. Leader of the Official Opposition (Chef de l'Opposition officielle) Page 465 of 605 Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 466 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 02-28-2023-23 Sunday, February 26, 2023 Mayor Diodati and Councilor Strange comments concerning 15,000 students updated Report Council, During the December 13, 2022 meeting Mayor Diodati and Councilor Strange collectively stated that 15,000 students and faculty were going to be living and working in the downtown. It is important that this council as respected officials and representatives of the City of Niagara Falls refrain from making speculative statements that may mislead residents (Elon Musk's twitter statements are a good example of the repercussions that can occur). As only time can verify if these statements were true or false, a report will be made to council each meeting to update the progress of the claim. It has been 75 days since Mayor Diodati and Councilor Strange claimed 15,000 students and faculty were going to be living and working in the downtown , it remains false. The current occupancy as researched is 0. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Page 467 of 605 Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 468 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 02-28-2023-24 Sunday, February 26, 2023 Mayor Diodati comments concerning Development Downtown updated Report Council, On December 31, 2021 a Niagara Falls Review news article was published with Mayor Jim Diodati stating ... “You’re going to start to see high-rise, residential apartments and condos being built in our downtown. You’re going to start to see cranes in the downtown. That’s what’s missing downtown. You need people living there, then you’ll need a grocery store for people living there to buy their food" It is important that the Mayor chooses his words carefully, as a respected official and representative of the City of Niagara Falls making speculative statements may mislead residents (Elon Musk's twitter statements are a good example of the repercussions that can occur). As only time can verify if these statements were true or false, a report will be made to council each meeting to update the progress of the claim. It has been 422 days since Mayor Diodati made that claim, it remains false. Their are currently no high-rise, residential apartments and condos, cranes or grocery stores being built in our downtown. News article link (https://www.niagarafallsreview.ca/news/council/2021/12/31/announcement -for-falls- downtown-university-could-come-this-spring-diodati.html) Page 469 of 605 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 470 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 02-28-2023-25 Sunday, February 26, 2023 City of Niagara Falls Affordable Housing updated Report Every day, Council Members (as of November 15, 2022) Every day that brings us closer to October 26, 2026 (the end of your term in office), Every day that no affordable housing is created by this Council is one more failure, 103 days Council Members, 103 failures ... Page 471 of 605 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 472 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-27 Monday, February 27, 2023 Mutiny on the BIA Downtown BIA Visit Council, It appears that this BIA's issues are not going away peacefully and may be reoccurring, might I suggest, thinking like a councilor that perhaps today's BIA meeting at 5-7, the one that involves voting to dismiss it's Chairman of the Board, a Chairman that appears to be really trying to help the BIA, may be the one and hopefully only that should be sat in on by those councilors that have the time to do so. Not as official business but to get a feel of what is going on there and get an understanding on all these different perspectives. I think it would go along way to streamlining council's decisions on this particular BIA moving forward for the years to come. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing Page 473 of 605 party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 474 of 605 4605 QUEEN STREET NIAGARA, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNNIAGARAFALLS.COM February 8th, 2023 Mayor and City Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON, L2E 6X5 To Whom This May Concern, After being approved at the February 8th, 2023, Board meeting, the Board of Management for the Downtown Niagara Falls Business Improvement Association would like to request the attached 2023 levy and budget be approved by Council and placed on the next agenda of Council. The requested amount is a levy of $463,571 to cover cost-of-living increases to expenses with an overall budget of $908,918 with the estimated external revenues. The BIA is excited to announce that it also raised an additional almost $500,000 in grants, sponsorships, and external revenues for the 2022 year for several significant projects after raising over $600,000 in 2021. Obtaining these grants would not have been possible, without having as a foundation, the levy from the BIA, the BIA staff team, and the over 40 BIA member volunteers on committees and the Board. Thank you to all of our volunteers for their hard work and to Council, for your ratification. Sincerely, The Niagara Falls Downtown Board of Management Page 475 of 605 1 2023 NFBIA Operating Budget 2023 Revenue Student Grants 189,000 $ City CIP Funding - $ City of Niagara Falls - Parade Sponsorship 21,000 $ DMS Grant 28,586 $ Vendor Fees 35,000 $ Sponsorship 120,000 $ HST Rebate 51,761 $ City of Niagara Falls Tax Levy 463,571 $ 908,918 $ Expenses: Human Resources: Students 220,000 $ Grant Writing 40,000 $ DMS 28,586 $ WSIB 10,000 $ Salaries and benefits 150,232 $ 448,818 $ Adminstration & Other: Office Supplies 3,500 $ Postage 1,000 $ Internet 1,450 $ Telephone 1,500 $ Network 3,000 $ Miscellaneous 550 $ Professional/Legal Fees 1,000 $ Rent/storage/hydro 17,000 $ Parking 2,000 $ Computer/Software 1,200 $ Audit Fees 8,000 $ Bookkeeping 7,000 $ Commerical + Director and Liability Insurance 7,000 $ Training/education/travel 2,500 $ Membership Dues 1,800 $ Contingency 3,000 $ Meeting/AMG Expenses 2,000 $ 63,500 $ Events Storage 18,100 $ Equpiment 1,650 $ Bike Night - $ Cruisin' on the Q 2,750 $ Page 476 of 605 2 Santa Claus Parade 40,000 $ Harvest 2,200 $ Summer Events 11,000 $ Events Marketing 5,500 $ Christmas Market 175,000 $ 256,200 $ Marketing Digital Media 5,000 $ Website and Rebrand Rebrand - $ API 3rd Party Intergrations 1,550 $ Website Art Production - $ Core Website including custom back-end - $ Sign Wrapping 3,000 $ Social Media 6,600 $ Video 7,700 $ Platforms/editing software 5,000 $ Print 15,000 $ 43,850 $ Beautification, Economic Development, & Maintenance Bollard Greenery/Winter greenery/Planters and Hanging 36,000 $ Winter Festival of Lights 5,000 $ Banners - printing/hanging 4,500 $ Maintenance 2,500 $ Partnership Development 14,500 $ Security Cameras 1,500 $ Win this Space Light Purchase 5,000 $ Decoration and Hanging 21,000 $ Canada Day Flags 750 $ Legacy Art Projection - $ Arch Logos Levy Clawback for not for profits 5,800 $ 96,550 $ Total Expenses 908,918 $ Page 477 of 605 3 Page 478 of 605 4 Page 479 of 605 5 Page 480 of 605 6 Page 481 of 605 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-Niagara Falls Downtown BIA - Consent Agenda Comments - Meeting - Feb 28 2023 From: Phil Ritchie - Keefer Developments < Sent: Sunday, February 26, 2023 10:18 PM ToSubject: [EXTERNAL]-Niagara Falls Downtown BIA - Consent Agenda Comments - Meeting - Feb 28 2023 Mayor, Council & Senior Staff Please add this as Correspondence As Chair of the Board of Directors of Niagara Falls Downtown BIA I am advising that Consent Agenda Items 10.1 and 11.2 must be withdrawn from the above referenced Council Meeting. Both items are misleading, and illegal. Neither item should be before you, and both I thought were dealt with prior to your agenda being released. It seems not. I will address each letter below. Removal as Chair I am still Chair of the BIA. Yes there is process to remove an officer..including the Chair, on page 8 of our constitution; Removal of officers: Officers serve at the pleasure of the Board and may be removed from office by a majority vote of the Board. An officer must be given notice in writing at least five (5) business days in advance of a Board meeting that a motion to remove him/her/them from office will be made. If the officer is not a Board Member, the officer Page 482 of 605 2 shall have the right to attend and speak at the Board meeting with respect to the question of his/her/their removal. There is a vote to be held tomorrow on February 27 2023 by our Board, regarding my removal as Chair. If the majority of the Board ..which is 7 members decides that I am no longer to be Chair then that is the prerogative of the Board. It is not a majority vote at a Board meeting. I have decided not to attend that meeting, out of respect for my colleagues, and for the process. Eric Martin the Vice Chair will serve as Chair, and the outcome will be whatever it is. The assertion that I am no longer Chair at this time is simply wrong in the correspondence sent to you. The authors know that. As you can see below, Alex Brandeau was acting as Secretary when he sent the acknowledgement below that a vote will be held on Feb 27 2023. You should also know that Alex Brandeau is no longer on our Board, effective end of business Thursday February 23 2023, Alex and I were advised by senior management at BATL that he is no longer to represent BATL in any way, and as such is no longer on our Board. The letter you have cites an “emergency meeting” which can only be called for specific reasons…removing a Chair is not one of them. The reasons cited in your letter are ridiculous and baseless. Further, there is a clear successor in the event the Chair is not available ..i t is the Vice Chair…not some sort of executive member amalgam, made up on the fly. This is all ridiculous. Yes this is frustrating. It is also very disingenuous that the authors of that letter concoct a process in direct violation of our Constitution. We do have an internal management issue within our BIA, that we will rectify. Only letters signed by the Chair, or the Vice Chair should be accepted by the City, I have noted this before. Especially on matters of importance. Why am I getting so much push back from a few people. Why? It can’t be my ideas…I haven’t had a chance to put any forward yet. I have only chaired one meeting. The only princ0iples that I have put forward is; transparency, accountability, and value for money. That’s it. I have also promised our Board that we are going to restore harmony, and re connect with our membership. The 2023 Budget is not passed by our Board and needs to be pulled from the Consent agenda. Page 483 of 605 3 This budget is not ready to be passed by Council ..and doing so tomorrow would be in bad faith with our membership and our process. As Chair, my role detail in our Constitution ( page 6, 2nd last bullet) notes that I am ; to Serve as liaison with Senior Management Team of the City of Niagara Falls as the Constitutional Liaison I am advising Council that this Budget approval needs to be pulled and deferred. You can read what happened during the meeting of our Board on February 8 2023. I sent an email to each of you as Council and senior staff the next day detailing the meeting. I am also attaching the agenda that was circulated in advance of the meeting and adopted at the onset of the Feb 8 meeting. I am also attaching the minutes that just arrived to me as a Board Member of the “same meeting”. The minutes are wrong, they do not reflect that I closed the meeting as Chair, or that a newly added agenda item to pass the Budget was not properly brought into the meeting and adopted. None of the issues that went on for about 45 minutes are noted in the minutes. It is disingenuous at best . I closed that meeting because the process was wrong, and the level of decorum had deteriorated significantly. Councilor Campbell was the most heated of all Board Members, as I noted in my email below. Our Executive Director recorded the meeting and I would ask that this be made available to Council to see for yourself. We do have an internal management issue within our BIA, that we will rectify. None of this is right. Presenting this letter to Council does not at all reflect the truth. It is a silly tactic to try and force thru a budget, that has not been properly approved. Council needs to give our BIA the chance to do the right thing, and build a budget that we agree upon as a Board and can happily stand behind as we present to our membership. We need to finish our 2022 AGM..we do not have approval for our 2021 Financial Statements…and our 2023 budget has not yet been presented to our membership. Being a business or property owner in our BIA is not an easy gig. Our members deserve respect for the tenacity they show every day dealing with low foot traffic, vandalism & homelessness, on a street that has seen very little City investment or support. This BIA membership deserves transparency and the right to input on its own Levy. Page 484 of 605 4 The City noted in its last newsletter that city property taxes are on their way up..7 % in the coming year. That’s a big number. The BIA budget as tabled is up 15% …on top of the 90% increase in the past 2 years. Of course membership should have a fully transparent and in my view, an overly accommodating opportunity to weigh in. The budget that you have been presented is attached here. So are notes that I have regarding other BIA budgets and feedback that I am getting loud and clear regarding our BIA budget. This proposed Levy of 463k spends about 2/3 of this amount on admin. This doesn’t include the 12 student trainee roles…we spend 300K just keeping the doors open. Our 463k levy has just over 1% in CapX…stuff that is around after 2023. 1%...that’s all that will be added to our BIA in long term assets after 2023. Our budget includes $7,000 for new video equipment so we can take better food shots for our website…and social media. Look at the Victoria Street BIA budget…part of your same agenda. 80k spent on admin…about 25% of our admin costs. And as you also have an MPAC presentation on Tues..you can read in the attached doc re other BIA’s..the Victoria Street BIA Assessment base is likely over 4x as large as ours. We are not spending our money wisely. It doesn’t matter if we receive a million dollars in grants in student training …if those grants are not adding membership value …we don’t need them. As Chair I also don’t have confidence that we truly meet the intent of the grant programs we have received in 2022. But that’s another email. Our membership is not able to fund unending Levy increases..and absolutely deserve the right to vote on how much and how its money is spent. The BIA of 2022 did do some good things…the arches needed their long overdue painting, Christmas décor was great, street lights and banners added. We need to build upon our membership accepted successes…but we also need to stop and change items that were not a success. My overwhelming feedback is that the BIA needs a re think on its Christmas market plan. Aside for losing many parking spaces for almost 6 weeks, the concept of fostering another downtown set of temporary merchants in front of the merchants that are trying every day…irritated and disrespected many members..who are paying our Levy. Page 485 of 605 5 With GUS becoming part of our BIA, we need to present a budget that adds value to this amazing catalyst. I don’t think GUS will value the cost and ROI of what is before you now. Our BIA should be an active partner with the City and GUS..spending money to enhance the environment. The 900k budget in front of you..with only about 7k in capital has nothing to address homelessness or district security. Massive issues in our BIA. We need to find grants that will support CapX. Lastly on Budget..this isn’t about not cheap people not wanting to spend money….I believe our membership will spend money…but we are business people and we need ROI..in our district. We are not here to make the City happy..we are here to foster a better business climate only. We also need to be able to vote, this fair, and this is fundamental. Some silly argument that members can make their voice heard thru committees… or that the residents of NF don’t vote on the annual budget is ridiculous for lots of reasons, that I wont get into here. Lastly, our Constitution. The only way that this BIA is going to heal..and be able to become a positive partner to the City is to re-implement its Constitution that was in place for over 20 years until 2020. Our constitution was changed in a very non transparent and disingenuous way..our membership lost its right to vote on the annual budget. There is no way our membership would have agreed to this change if it had been fairly communicated. Allowing this to happen was a failing in City of Niagara Falls civic oversight. Plain and simple. Our membership wants to be engaged. The attached petition is now being widely circulated in our BIA. In all my time in this BIA I have not seen such nearly unanimous agreement that we need to go back to our former Constitution. That change was fundamentally..and morally wrong. Businesses..esp professional firms that do not normally get involved are actively engaging in support of this. I have dozens of signed petitions…well over the 50 petitions needed in our Constitution to require a meeting and vote of the membership. In Closing, Page 486 of 605 6 I implore Council and our Board to do the right thing and restore faith in the Membership by embracing the replacement of our Constitution with what was in place before Fall 2020. We can have all of this done in a very short time and we can move forward. We need to restore accountability and this the only way forward. I am completely open to amending our former constitution once it is in place..in a fully transparent and genuine process if needed. It is my hope that our Board simply passes this change with a 2/3 majority and send to Council for re-instatement. That is the best way forward. I do not want a big public mess trying to assert what is simply right. I have no interest in writing these 2 foot long emails…or in spending the time I am on dealing with this drama. I am far too busy. This is not about control, I would sooner not be doing any of this. As a company we pass on most BIA fees to our tenants. And as far as votes go..as the result of corporate consolidations, i only have 12 or so. I am not doing any of this for me or any of the companies I own. This about doing what is right…and I promised many people this BIA would be transparent, accountable, and provide value for money. I am ccing a number of BIA members who are engaged in this conversation…there are many more. I look forward to coming to Council soon with a budget we can support as a Membership. Thank you. Regards, PW Phil Ritchie, President Keefer Developments Ltd. 4605 Crysler Ave. Unit 4 Niagara Falls Ontario L2E3V6 Keefer Management Inc. 14 St.David Street West Thorold Ontario L2V2K9 From: Phil Ritchie - Keefer Developments < To: 'jburgess@niagarafalls.ca' <jburgess@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Cc: Subject: RE: [EXTERNAL]-Confirmation of Constitution & Bylaws by Clerks Office. Page 487 of 605 7 Oh boy. Why the Shenanigans folks?? Alex why was Bill dropped from the thread? I am…at least at this moment….still Chair…as Alex notes …I am notified..and if at the Feb 27 meeting 7 voting Board Members say I am no longer Chair..then I will not be the Chair. There was no vote passing the budget on Feb 8 2023. This is not approved to go to Council. Bill/Jason…the City should not be accepting any submission to its council agenda until this is settled…which will be Monday Feb 27 2023. Please Confirm. Here are 2 letters I just found for the first time…going forward…Amanda pls send me copies of any correspondence to the City. At least until Monday. Sheesh. Regards, PW Phil Ritchie, President Keefer Developments Ltd. 4605 Crysler Ave. Unit 4 Niagara Falls Ontario L2E3V6 Keefer Management Inc. 14 St.David Street West Thorold Ontario L2V2K9 From: Alex Brandeau < Sent: Tuesday, February 21, 2023 4:46 PM To: Phil Ritchie <pwritchie@keeferdevelopments.com> Cc: Subject: Re: [EXTERNAL]-Confirmation of Constitution & Bylaws by Clerks Office. Hi Phil, I appreciate you bringing this to our attention. We acted quickly as there was and is still the threat of legal action being taken against the BIA as a result of your actions as Chair. The Board acted under Section 2B of the Public Notice of Board Meeting Policy and as such, the majority of the Executive feels that we were within our rights to strip you of your responsibilities of Chair in order to protect the BIA from legal action. That being said, we too would like everything to be open and transparent, and will follow the requirements set out within our Constitution. Page 488 of 605 8 Therefore, this email serves as written notice that there will be a motion put forward at the February 27th, 2023 board meeting to remove you as Chair of the Niagara Falls Downtown Board of Management. Further, I would like to reiterate that the February 9th Emergency Board Meeting voted in favour of the majority of the Executive to act as Chair. As such, the responsibilities of Chair now fall to the Executive as a whole until a decision is made on February 27th. Alex Brandeau General Manager, BATL Axe Throwing Niagara Falls Secretary, Downtown Niagara Falls Board Of Management a. 4605 Queen Street, Niagara Falls, ON, L2E2L7 Serving on the land that has been inhabited by Indigenous peoples from the beginning – the traditional Niagara Region shared territory of the Anishinaabe, Haudenosaunee and the Chonnonton* peoples. The Chonnonton people have called these lands home for thousands of years and more recently the Anishinaabe and Haudenosaunee have been sharing the land as One Dish, One Spoon Treaty territory. This e-mail is confidential, intended solely for the use of the recipient(s) to whom it was addressed. If you have received it in error, please do not copy or distribute this e-mail. We ask that you notify us immediately by replying to the sender and then delete this e-mail. E-mail sent or received over the internet may not be secure. You should use caution when sending e-mail messages containing private and confidential information or consider other secure means to send the information.If you have any questions regarding the authenticity or security of the e- mail you have received please do not hesitate to contact us at 905-356-5444. Ce courriel est confidentiel et n’est destiné à être utilisé que par le ou les destinataires à qui il est adressé. Si vous avez reçu ce courriel par erreur, merci de ne pas le copier ni le distribuer. Nous vous demandons de bien vouloir nous en avertir immédiatement en répondant à l’expéditeur, puis en supprimant ce courriel. Un courriel envoyé ou reçu par Internet peut être sujet à des atteintes à la sécurité. Soyez prudent lorsque vous envoyez Page 489 of 605 9 des courriels contenant des renseignements privés et confidentiels, ou envisagez d’autres moyens plus sûrs d’envoyer ces renseignements. Pour toute question concernant l’authenticité ou la sécurité du courriel que vous avez reçu, n’hésitez pas à nous contacter par téléphone au 905-356-5444. From: Phil Ritchie - Keefer Developments < Date: Tuesday, February 21, 2023 at 1:14 PM To: 'Bill Matson' <billmatson@niagarafalls.ca> Cc: Subject: RE: [EXTERNAL]-Confirmation of Constitution & Bylaws by Clerks Office. Hi Bill thanks for the response. Two of your assertions are incorrect. I am still Chair of the BIA. And yes there is process to remove an officer on page 8 of our constitution; Removal of officers: Officers serve at the pleasure of the Board and may be removed from office by a majority vote of the Board. An officer must be given notice in writing at least five (5) business days in advance of a Board meeting that a motion to remove him/her/them from office will be made. If the officer is not a Board Member, the officer shall have the right to attend and speak at the Board meeting with respect to the question of his/her/their removal. An “emergency meeting” can only be called for specific reasons…removing a Chair is not one of them, you can check the doc. The meeting you are referring to was held on Feb 9 2023. I was not given 5 days notice of a meeting to remove me as Chair. I was Chair at the Board Meeting on February 8 2023...and at no point then or before that was I advised that I would be removed. I can state that I consider myself notified given recent emails, and do expect a vote to be help on February 27 2023 to be removed as Chair. The assertion that I am no longer Chair is simply wrong. I see Councilor Campbell has also fostered this idea…and is again wrong. If the majority of the Board ..which is 7 members decides that I am no longer to be Chair then that is the prerogative of the Board. It is not a majority vote at a Board meeting. If it was, that means that on any given day…at a lightly attended Board meeting Officers could be changed. That is not fair and good governance. Regarding the Special Meeting of the Membership. Yes a petition can trigger this, and a vote is part of the petition. Bill being true to the membership is everything. Allowing our members to vote and respecting those wishes should be the foundation of who we are as a BIA. To take another position is not democratic and simply wrong. Page 490 of 605 10 There will be more than 50 petitions...it is my most sincere hope that our Board, and the City will do the right thing, and happily defend a budget in front of membership and let the members vote on an outcome. Regards, PW Phil Ritchie, President Keefer Developments Ltd. 4605 Crysler Ave. Unit 4 Niagara Falls Ontario L2E3V6 Keefer Management Inc. 14 St.David Street West Thorold Ontario L2V2K9 From: Bill Matson <billmatson@niagarafalls.ca> Sent: Tuesday, February 21, 2023 12:00 PM To: Phil Ritchie - Keefer Developments < Subject: RE: [EXTERNAL]-Confirmation of Constitution & Bylaws by Clerks Office. Phil, Despite the items you quoted from the Constitution and operating bylaws of the NFDBM I must point out that the Board approved a motion to have you removed as the Chair at an emergency meeting on February 9, 2023. Therefore I do not see that a Special Meeting can be called by yourself. Should the required number of signatures be collected and submitted to the Executive by way of a petition, then a Special General Meeting could be held. I would work with Amanda to confirm that any names on the petition are indeed members of the BIA. But I must point out that if the reason for calling the Special Meeting is to consider amending the Constitution, the members can offer input but it is the Board that would vote on any amendments and it would require a two-thirds majority vote of Board members present. 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 | mailto:billmatson@niagarafalls.ca Page 491 of 605 11 From: Phil Ritchie - Keefer Developments < Sent: Sunday, February 19, 2023 8:18 AM To: Bill Matson <mailto:billmatson@niagarafalls.ca> Cc: Subject: [EXTERNAL]-Confirmation of Constitution & Bylaws by Clerks Office. Hi Bill As Chair of the NFDBM I am looking for confirmation regarding my understanding of our Constitution and operating Bylaws, both attached, relating to two items; 1. That the Chair can call Special Meetings including Membership Meetings as required. This is found here; Page 6 Constitution of the Niagara Falls Downtown Improvement Area December 8 2020- under Officers, Item 1. Chair (responsibilities) • Call Special Meetings if necessary. 2. That 50 signed petitions from the membership and submitted to the Executive are also sufficient to trigger a Special Meeting of the Membership. This is found here; Page 10 of the By-Laws Niagara Falls Downtown Business Improvement Area -NFBIA Date: October 7, 2020, under the heading- Annual General Meetings and/or Special General Meetings A petition signed by 50 or more members of Niagara Falls Downtown Business Improvement Area is sufficient to order a Special Meeting within 15 days of receipt of that petition by the Executive. I have called a Special Meeting of the Membership for 5 pm on March 13 2023. At the Special Meeting there will be a vote by the Membership to return to the NFDBM Constitution that was in effect prior to December 8 2020. I have instructed the ED to prepare for this meeting, and I am requesting help from your office with creation of a current Membership list, and to oversee the vote. Please Confirm. I am attaching the relevant documents for your review. Page 492 of 605 12 I am ccing my Board colleagues along with the ED, to ensure we are all on the same page. Kindly reply all with your response. Thanks Bill Regards, PW Phil Ritchie, President Keefer Developments Ltd. 4605 Crysler Ave. Unit 4 Niagara Falls Ontario L2E3V6 Keefer Management Inc. 14 St.David Street West Thorold Ontario L2V2K9 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. Sent Feb 9 2023 Mayor, Council & Senior Staff As Chair of the Niagara Falls Downtown BIA I am writing to express my disappointment and bewilderment at the conduct of our Council Representative at our Board of Directors meeting yesterday. I have a pretty thick skin, but this circumstance is beyond all reasonableness and needs to be rectified. It was agreed at our January 30 Board meeting that we would hold a special budget discussion meeting to better understand the budget and come to some Board consensus. Yesterday was my first meeting as Chair of this Board. It was clear to all that there would not be a budget vote yesterday. The Vice-Chair was not in attendance, and had sent comments relating to the budget for discussion. The agenda was circulated prior and approved as circulated at the onset of the meeting. As I began my remarks to frame the morning and prior to even any discussion about the Budget, a Board member simply put forward a motion to approve the Budget in its current form. The motion was immediately seconded. Page 493 of 605 13 The discussion that unfolded was recorded by the Executive Director, you are free to validate my comments. In my view, the behavior of Councillor Campbell was not representative of how a BIA Councilor Liaison should act. Councillor Campbell actively and aggressively and immediately took the side of allowing a vote to occur. He became increasingly angry with me as Chair, and the meeting decorum began to deteriorate. He raised his voice multiple times and insisted that he was correct and demanded I needed to simply call the vote on this item and be done with it. I was not comfortable allowing the motion to stand. Aside from being disingenuous to the intent of the meeting, the item of a vote was not on the agenda. The Board Meeting was not circulated to our membership contravening our own notice of meeting requirements. I allowed this to happen only because it was supposed to be a discussion. I do know some Roberts Rules of Order, but I am by no means an expert. My review following the meeting confirmed that in order to add an item to an agenda after it is approved requires a 2/3 vote. This did not happen. I believe Councillor Campbell was wrong. He was very emphatic and noted I needed to “follow Hoyle!!!”. He interrupted me multiple times and accused me of “soap boxing” as I tried to explain to the Board the importance of having a proper and sincere discussion. As the environment went from bad to worse, I closed the meeting. The meeting was not healthy for staff, and not how our Board needs to behave. Councillor Campbell stated as I was departing “ that I was going to take my ball and go home”. I expect angry outbursts and single sided views from BIA members. I don’t expect any of this from our Council Liaison. Our council Liaison is supposed to be impartial. Personally I don’t think non-member BIA Councilors should vote, they are there to help foster connectivity between the BIA and Council. They are not to drive an agenda. City councilors that do not operate a business, or pay the Levy should morally abstain. As Chair I am requesting that Councillor Campbell be replaced by Council or, at the very least recuse himself from further BIA vote participation until we have an agreed budget that has been shared with our membership and is submitted to Council. I have announced to our Board as Chair that we will be holding a Special Members Meeting on March 13 2023 at 5pm. We will finish our 2022 AGM, approve our 2021 FS, present our 2023 Budget to Membership, and deal with whatever else is needed. We will then submit our Budget to Council. Page 494 of 605 14 As you know there is significant unrest within our BIA. Our membership does not feel represented. Our membership no longer votes on its annual Budget. ..which is highly unusual in any BIA. I ran for election to the BIA to ensure transparency, accountability and value for money spent. I am determined to help improve the BIA, but I need the City’s help to do so. We need to be at our best as a street. Mr Matson. I am awaiting a response from you, as Clerk, on two issues noted in my January 31, 2023 email. Please advise when you can. In the interest of transparency I am ccing a number of active members within our BIA. Thank you for your earliest consideration. Regards, PW Phil Ritchie, President Keefer Developments Ltd. 4605 Crysler Ave. Unit 4 Niagara Falls Ontario L2E3V6 Keefer Management Inc. 14 St.David Street West Thorold Ontario L2V2K9 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 495 of 605 Page 496 of 605 Page 497 of 605 1 BOARD OF MANAGEMENT MEETING DATE: February 8th 2022 PAST CHAIR: P. Ritchie DURATION: Start – 10 AM End – 12 PM SECRETARY: ED/Alex Bandeau LOCATION: In- Person BIA Office BOARD MEMBERS Ron Charbonneau, Wayne Campbell, Alex Bandeau, Cat Thagard, Kevin Fraser, Joe Mrkalj, Phil Ritchie, Starr Bowes, Steve Falco, Steven Sunderland, Tim Paugh, Tony Barranca REGRETS Dean Spironello, Eric Martin GUESTS N/A ADD’L. INFO: (a) Indicates attachment BOLD ITALICS Key Topic for Discussion TIME/DURATION ITEM TOPIC LEAD INFORMATION DISCUSSION DECISION/MOTION 10 AM 1.0 Items for Introduction P. Ritchie 5 min 1.A Call to Order & Welcome with Introductions P. Ritchie X X 1.B Agenda of Board Meeting – February 8th, 2023 Motion: THAT THE BOARD OF MANAGEMENT FOR THE NIAGARA FALLS DOWNTOWN BUSINESS IMPROVMENT AREA approve the Agenda as presented Alex Brandeau Wayne Campbell Carried X X 10:05 AM 2.0 Budget Discussion P. Ritchie 115 min 2.A Budget Discussion Motion: THAT THE BOARD OF MANAGEMENT FOR THE NIAGARA FALLS DOWNTOWN BUSINESS IMPROVMENT AREA approve the budget as presented to Council in Fall of 2022, at the AGM in November, and as created by the previous board Alex Brandeau Cat Thagard Carried Opposed: Tony Barranca Absentian: Steve F, Steven Sunderland, Kevin Phil Ritchie and JoeMrkalj left meeting prior after motion was made, prior to vote being counted. P. Ritchie X X Page 498 of 605 2 Cat Thagard takes over as Chair for calling of motion and Chairing of meeting. Motion: Motion: THAT THE BOARD OF MANAGEMENT FOR THE NIAGARA FALLS DOWNTOWN BUSINESS IMPROVMENT AREA for ED to send budget to City Council for approval at February 28th 2023 meeting Starr Bowes Cat Thagard Carried Opposed: Tony Barranca Abstention: Steven Sunderland, Steve Falco, Kevin Fraser 2.B In-Camera Session – HR Discussion if necessary for budget: Motion: THAT THE BOARD OF MANAGEMENT FOR THE NIAGARA FALLS DOWNTOWN BUSINESS IMPROVMENT AREA enter into incamera for reasons of personal matters about an identifiable individual, including local board employee and/or member(s) Cat Thagard Alex Brandeau Carried Motion: THAT THE BOARD OF MANAGEMENT FOR THE NIAGARA FALLS DOWNTOWN BUSINESS IMPROVMENT AREA arise from incamera Cat Thagard Alex Brandeau Carried Motions from in-camera: Motion: THAT THE BOARD OF MANAGEMENT FOR THE NIAGARA FALLS DOWNTOWN BUSINESS IMPROVMENT AREA Motion: THAT THE BOARD OF MANAGEMENT FOR THE NIAGARA FALLS DOWNTOWN BUSINESS IMPROVMENT AREA to send a letter from Treasurer to Board Chair and Joe Tony Barranca Starr Bowes Carried X X Page 499 of 605 3 After in-camera: City has lowered budget and is not able to cover maintenance of public lands in downtown. BIA was given three options: obtain a contractor to maintain, have the city maintain and pay cost, or leave without maintenance. Motion: THAT THE BOARD OF MANAGEMENT FOR THE NIAGARA FALLS DOWNTOWN BUSINESS IMPROVMENT AREA to pay City staff to maintain downtown areas outlined in letter according to the costs from reserves for 2023, and to include in 2024 budget Cat Thagard Starr Bowes Carried 12 PM 3.0 Adjournment of Official Board Meeting Motion to Adjourn Cat Thagard Kevin Fraser Carried P. Ritchie X Page 500 of 605 1 BOARD OF MANAGEMENT MEETING DATE: February 8th 2022 PAST CHAIR: P. Ritchie DURATION: Start – 10 AM End – 12 PM SECRETARY: ED/Alex Bandeau LOCATION: In- Person BIA Office BOARD MEMBERS Ron Charbonneau, Wayne Campbell, Alex Bandeau, Cat Thagard, Eric Martin, Kevin Fraser, Joe Mrkalj, Phil Ritchie, Starr Bowes, Steve Falco, Steven Sunderland, Tim Paugh, Tony Barranca, Dean Spironello REGRETS GUESTS N/A ADD’L. INFO: (a) Indicates attachment BOLD ITALICS Key Topic for Discussion TIME/DURATION ITEM TOPIC LEAD INFORMATION DISCUSSION DECISION/MOTION 10 AM 1.0 Items for Introduction P. Ritchie 5 min 1.A Call to Order & Welcome with Introductions P. Ritchie X X 1.B Agenda of Board Meeting – February 8th, 2023 Motion: THAT THE BOARD OF MANAGEMENT FOR THE NIAGARA FALLS DOWNTOWN BUSINESS IMPROVMENT AREA approve the Agenda as presented X X 1. C Minutes of Board Meetings – January 30th, 2022 Motion: THAT THE BOARD OF MANAGEMENT FOR THE NIAGARA FALLS DOWNTOWN BUSINESS IMPROVMENT AREA approve the meeting minutes of January 30th 2023 X X 10:05 AM 2.0 BIA Logistics Training and Updates P. Ritchie 115 min 2.A Budget Discussion P. Ritchie X X 2.B In-Camera Session – HR Discussion if necessary for budget: Motion: THAT THE BOARD OF MANAGEMENT FOR THE NIAGARA FALLS DOWNTOWN BUSINESS IMPROVMENT AREA enter into incamera for reasons of X X Page 501 of 605 2 personal matters about an identifiable individual, including local board employee and/or member(s) Motion: THAT THE BOARD OF MANAGEMENT FOR THE NIAGARA FALLS DOWNTOWN BUSINESS IMPROVMENT AREA arise from incamera 12 PM 3.0 Adjournment of Official Board Meeting Motion to Adjourn P. Ritchie X Page 502 of 605 NIAGARA FALLS DOWNTOWN BOARD OF MANAGEMENT (NFDBM) SPECIAL GENERAL MEETING MEMBER PETITION Whereas, The City of Niagara Falls established the NFDBM in November 1998 (Bylaw 98-247) as a self-managing and self-determining body, funded entirely by a separate and mandatory Levy on the “rateable commercial property” located within its boundaries. Whereas, At inception of the NFDBM, Council adopted its founding Constitution. Including that Membership be entitled to vote each year directly on the amount of the Levy assessed on its rateable commercial properties. Under item 3 Budget, Section VII The Board shall formulate a budget and receive approval of the general membership of the B.I.A. for the budget at the first general meeting of the calendar year. Whereas, On Sept 29 2020 (during COVID), the Board, with only 5 members present, voted to replace the NFDBM Constitution that was in effect for 22 years, and REMOVED THE FUNDEMENTAL MEMBERSHIP RIGHT TO VOTE ON THE ANNUAL LEVY TO BE ASSESSED without any member consultation. Further that the Zoom based Annual General Meeting held on November 5 2020 to ratify the motion to change the Constitution did not inform Membership adequately, was plagued with multiple “technical issues” that did not allow Members to connect, and was only attended by 16 members resulted in a FLAWED MEMBERSHIP APPROVAL PROCESS. Whereas, This unfair replacement of the Constitution was a breach of faith with the Membership, and has allowed dramatic increases in the Levy of 90% in two years (2021 & 2022) with a planned further increase of 14% in 2023, WITHOUT MEMBERSHIP APPROVAL HAS SIGNIFICANTLY UPSET MANY NFBDM MEMBERS. And, As per the rules found on page 10 of the By-Laws Niagara Falls Downtown Business Improvement Area -NFBIA Date: October 7, 2020, under the heading- Annual General Meetings and/or Special General Meetings A petition signed by 50 or more members of Niagara Falls Downtown Business Improvement Area is sufficient to order a Special Meeting within 15 days of receipt of that petition by the Executive. As a current member of the Niagara Falls Downtown Board of Management, I hereby request the NFDBM hold a Special General Meeting of the Membership following the rules above. FOR THE PURPOSE OF VOTING ON THE REPLACEMENT OF THE CURRENT NFBDM CONSTITUTION (NIAGARA FALLS DOWNTOWN IMPROVEMENT AREA- NFBIA DATE: DECEMBER 8TH,2020) WITH THE ORIGINAL AND FOUNDING CONSTITUTION THAT WAS IN PLACE PRIOR FOR ALMOST 22 YEARS, WITH IMMEDIATE WORKING EFFECT, AND TO BE FURTHER APPROVED AND RE-ADOPTED BY NIAGARA FALLS CITY COUNCIL ASAP. NFDBM Member Business or Property Owner Name (print)______________________________________________________ NFDBM Member Address (print)____________________________________________________________________________ NFDBM Contact Member Signature________________________Name____________________________Date_____________ NFDBM Member contact email ______________________________________________Tel____________________________ Page 503 of 605 1 2023 NFBIA Operating Budget 2023 Revenue Student Grants 189,000 $ City CIP Funding - $ City of Niagara Falls - Parade Sponsorship 21,000 $ DMS Grant 28,586 $ Vendor Fees 35,000 $ Sponsorship 120,000 $ HST Rebate 51,761 $ City of Niagara Falls Tax Levy 463,571 $ 908,918 $ Expenses: Human Resources: Students 220,000 $ Grant Writing 40,000 $ DMS 28,586 $ WSIB 10,000 $ Salaries and benefits 150,232 $ 448,818 $ Adminstration & Other: Office Supplies 3,500 $ Postage 1,000 $ Internet 1,450 $ Telephone 1,500 $ Network 3,000 $ Miscellaneous 550 $ Professional/Legal Fees 1,000 $ Rent/storage/hydro 17,000 $ Parking 2,000 $ Computer/Software 1,200 $ Audit Fees 8,000 $ Bookkeeping 7,000 $ Commerical + Director and Liability Insurance 7,000 $ Training/education/travel 2,500 $ Membership Dues 1,800 $ Contingency 3,000 $ Meeting/AMG Expenses 2,000 $ 63,500 $ Events Storage 18,100 $ Equpiment 1,650 $ Bike Night - $ Cruisin' on the Q 2,750 $ Page 504 of 605 2 Santa Claus Parade 40,000 $ Harvest 2,200 $ Summer Events 11,000 $ Events Marketing 5,500 $ Christmas Market 175,000 $ 256,200 $ Marketing Digital Media 5,000 $ Website and Rebrand Rebrand - $ API 3rd Party Intergrations 1,550 $ Website Art Production - $ Core Website including custom back-end - $ Sign Wrapping 3,000 $ Social Media 6,600 $ Video 7,700 $ Platforms/editing software 5,000 $ Print 15,000 $ 43,850 $ Beautification, Economic Development, & Maintenance Bollard Greenery/Winter greenery/Planters and Hanging 36,000 $ Winter Festival of Lights 5,000 $ Banners - printing/hanging 4,500 $ Maintenance 2,500 $ Partnership Development 14,500 $ Security Cameras 1,500 $ Win this Space Light Purchase 5,000 $ Decoration and Hanging 21,000 $ Canada Day Flags 750 $ Legacy Art Projection - $ Arch Logos Levy Clawback for not for profits 5,800 $ 96,550 $ Total Expenses 908,918 $ Page 505 of 605 3 Page 506 of 605 4 Page 507 of 605 5 Page 508 of 605 6 Page 509 of 605 1 2023 BIA Budget Notes What is a BIA? A Business Improvement Area (BIA) is a “made-in-Ontario” innovation that allows local business people and commercial property owners and tenants to join together and, with the support of the municipality, to organize, finance, and carry out physical improvements and promote economic development in their district. Functions of a BIA The general functions of a traditional BIA are to: • oversee the improvement, beautification and maintenance of municipally-owned land, buildings and structures in the area beyond that provided at the expense of the municipality generally • promote the area as a business or shopping area Chapter 19 of the Toronto Municipal Code*, which was substantially changed in 2007, lists additional BIA functions. They include, among others: • to maintain business improvement area-initiated streetscaping and capital assets within the business improvement area • to offer graffiti and poster removal services respecting building facades visible from the street, to all member property owners who provide written consent, upon approval of the program by the general membership of the business improvement area • to undertake safety and security initiatives within the business improvement area • to undertake strategic planning necessary to address business improvement area issues • to advocate on behalf of the interests of the business improvement area from ontario.ca Who do we serve? Our current membership- professionals, retailers, food , entertainment. Who do we not serve? • Residents who live downtown • Broader Community of Niagara Falls • Tourism mandates • City of NF Parks & Recreation Dept. • Student Training mandates Status Queen St 2023 1. Business Climate – our membership is struggling. Page 510 of 605 2 2. Vacancies- many 3. Membership- is disconnected and irritated, our AGM was proof- significant demand for transparency and reduced budget. We do not have harmony. 4. Street Security- We have many homelessness issues- drugs- vandalism- theft 5. GUS- We need to enhance the street (beautification & Safety), attract business & keep levy low as GUS will pay BIA dues. WE need to be seen as enabling partners politically as well. 6. GO- Civic funded..we need to be advocates asap and involved. 7. Erie Avenue- part of our BIA district, we need to arrange meetings 8. Park St Development of Civic Lands- Status? 9. Parking- all items that affect parking need to be addressed. We need to be as efficient/ cost effective to our membership as possible. Our BIA Levy 210k 2020 390k 2021 Increased 86% -During covid 406k 2022 increased 4% How it works: The BIA catchment is a defined geographic area. Within that area are commercial, residential, institutional, government, and industrial buildings. Residential and Government buildings/assessed areas of buildings do not pay the BIA levy. MPAC is responsible for property assessment. The total value of BIA Levy paying properties in this context is the Assessment Base. Our Downtown Niagara Falls Assessment Base in 2022 is approximately $39,000,000. The Levy request is simply divided into the Assessment Base. The higher the assessment base, the lower the $ cost to the property owner/tenant. Below are the 2022 levy amounts of the other BIAs A few budgets are presented to council in June. Niagara Falls BIA Levy Downtown $406,604 Victoria $400,000 * Assessment Base of $185,000,000 LLBIA $220,000 Page 511 of 605 3 Clifton Hill $120,000 Fallsview $103,000 Main & Ferry $ 47,999 (non assessment base- Flat Fee $500 per site) Other Niagara Cities Thorold $ 40,000 Welland Downtown $ 115,000 (no copy of budget) Welland North $ unknown 0 Levy 2020 withdrawn re covid relief St Catharines $384,000 * Assessment Base of $140,000,000 St Cath Assessment Base is 3.5 bigger than ours= easier on every business Victoria Assessment Base is over4x bigger than ours What is/isnt working well in our BIA according to membership? According to my Feedback; These are working well • Repainting Arches- most members want the Q reinstalled. • Street lights • Car Show • Christmas decorations • Halloween event What isn’t working well? • Overhead of operations • Too much social media • Low Membership Trust/Transparency & Layered Admin Complexity • Christmas Market • Movie Nights • Christmas Decoration contest for the entire City of NF • Parades BIA Planned 2023 Levy of 463k! Our budget is not clear to understand. This was circulated at our failed 2022 AGM. • Rent is split- it is a fixed cost Page 512 of 605 4 • Grant Writing is noted as covered by our HST rebate?? HST rebates are a variable cost reduction to all HST purchases, not a winfall to be used to offset one item. There should not be an HST column. All eligible expenses should be shown net of HST. This should not be shown in this way on a Budget. • Non-Prof Levy Clawbacks are shown as a Beautification Expense? Risk/Utility What is our risk exposure to grants? Eg Clawbacks, -post receipt covenants? What is the real utility to our membership of Grant funds?. What are all those staff doing? 11-14 staff per year. The BIA has one of the larger payrolls on Queen St. 2023 Planned Budget Request Admin is 311K or 67%! (not including Grant funded staff) (179 + 51 (noted in HST) + 63k + 18k (additional rent in Events)) Marketing is 43k or just under 10% Of our entire budget only the Arch Logos will remain as a “semi capital” asset. We are not investing in our infrastructure. Capital Investment on the street in 2023- 6k - just over 1%. This is way too low. How will we improve the street if we don’t invest in long term assets. Page 513 of 605 Apr 27, 2022 Historic Drummondville - Main & Ferry BIA Rick Tisi, Chairman 5974 Main Street Niagara Falls, ON Mayor Diodati & Members of Council, The Main & Ferry Business Improvement Association Board, have enclosed their 2022 Budget for Council’s approval. The AGM took place on March 9, 2022. The Board prepared a revised budget in March 2022 which was approved during the Main & Ferry BIA virtual meeting. The Board has put in reserve the finances required to cover expenses if levy payments are short in receivable in 2022. The Main & Ferry BIA Board is committed to support our small business by working together as a BIA for promoting new world ecommerce, pick-up and deliveries stops, and social awareness programs which are important for our restaurants & retail businesses. Main & Ferry BIA confirmed their commitment of support for the City of Niagara Falls Cultural Hub & Farmers Market “The Exchange”. As development continues, we as a board recognize the importance of a legacy that we can all be proud of to stimulate the city’s cultural and small business, and look forward to its long awaited opening. Yours sincerely Historic Drummondville BIA HISTORICDRUMMONDVILLE.COM historicdrummondville@gmail.com Rick Tisi, Chair Page 514 of 605 Apr 27, 2022 2022 Levy Debit Credit 2021 Levy - Annual $500 Quarterly Payments (+ $125 from 2021) Based on 78 properties $ 47,999.64 Opperating Auditor Report – City’s 3rd Party Report (2020)$ 4,500.00 Miscellaneous (Postage, Printing, Misc.)$ 500.00 Insurance $ 2,500.00 Quickbooks Online $ 240.00 AGM Advertising (Niagara Falls Review)$ 152.55 Online Banking (basic for Quickbooks, Banking Fee to link with Quickbooks)$ 60.00 Marketing Domain Name $ - Go Daddy Hosting $ 239.88 Social Advertising - Invittico (Matt & Umberto) Possible allocation elsewhere $ 14,500.00 Staff Liaison (Government/Business) Building Stakeholder Partnerships - liaison between the board, business, community and government. $ 20,000.00 Street Scaping Hanging Baskets Plants & Seasonal Maintenance $ 17,930.79 From 2021 Budget - Banners $ 6,000.00 Partnerships/Sponsorships Co-op Money From Exchange - Banners $ 3,000.00 From 2021 Budget - Market Legacy (Naming/Plaque)$ 10,000.00 Totals $ 76,623.22 $ 50,999.64 $ 25,623.58 Historic Drummondville BIA HISTORICDRUMMONDVILLE.COM historicdrummondville@gmail.com Page 515 of 605 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 605 I 6815 StanleyAvenue NiagaraFalls,Ontario L2G3Y9 T:905.357.6222ext7234 Top0fCIiftionHilI.comVictoriaCentreBIA Niagara Falls City Councillors 4310 Queen Street,PO Box 1023 Niagara Falls,ON. L2E-6X5 January 12,2022 The Victoria Center Business improvement Area consists of 155 members which has a combined city tax assessment of $185,585,000.00 for the City of Niagara Falls.Our members consist of various types of franchised and non—franchised Hotels,Motels,Restaurants,Attractions as well as Retail shopping outlets. The focus of the VCBIA is to attract newbusinesses,maintain the area and overall aesthetics and attract and welcome visitors to our world class destination.Over the years the VCBIA has hosted numerous festivals such as the Summer of Thrills,Red Bull Concert and CBC Play On Sports StreetHockey Tournament just to name a few.The VCBIA are currently working on providing a new world class attraction venue for all visitors to enjoy. Our board of directors are elected each four-year term and follows the same term as our City Of Niagara Falls elected council.Our board meets a minimum of 4 times a year and over the past few years have had difficulty maintaining this schedule due to the pandemic and restrictions.Since in person meetings have not been allowed,the VCBIA board of directors have conducted virtual meetings and have carried on with our planning and operations of the VCBIA. The VCBIA board of directors assembled on December 7,2021 and brought fonivard and passed the VCBIA 2022 budget to now be submitted for approval by the City of Niagara Falls.Within the budget the VCBIA continues to budget money for its Street Scape Capital project which has now completed two of the four stages.The VCBIA is pleased with the partnership it has with the City of Niagara Falls and is looking fonrvard to Phase 3 of its Master Streetscape Project which hopefully will commence in the fall of 2022.The budget also allows for a new state ofthe art Laser Light Water Show that we are looking to bring forward in 2023 and beyond.The VCBIA continues to keep the area looking new and vibrant with its commitment in the 2022 budget for new street banners,additional benches offering seating areas for our visitors to relax and more flower displays over and above the existing hanging flowerpots that beautify the area.The VCBIA budget also allows for an event planner to be contracted to investigate the possibility of hosting other events or festivals in 2023. presented belowWethankyoufor your time and our looking fon/vard to a very prosperous 2022 business year.ffim Parker,OfficeA_dministratoij__,.-" Cc‘EricMaroonPage 517 of 605 VCBIA 2022 Budget Levy Dec.7 2021 Budget $400,000.00 Administration 5050 Administration Salary 36,000.00 5000 Audit expense 5,000.00 5090 Bank charges 150.00 5035 Office and miscellaneous 850.00 5045 Liability &Commercial Ins.a 3,500.00 5055 Office Rent $3,000.00 5039 Computer Equipment/Repairs 500.00 5636 Business Luncheons $900.00 5675 Internet Services 50000 5635 Telephone $600.00 5655 Association Memberships 1,000.00 5037 Professional Fees 1,000.00 5010 Legal Fees 2,000.00 5080 Taxes Written Off $10,000.00 $65,000.00 MarketinglEvents 5250 Website Management (incl.with consultant fees)15,000.00 5025 Website Maintenance 2,000.00 5020 Marketing/Advertising/Billboards/Banner Ads 5150 Street Banners/Maintenance /Repairs Capital Projects $ $ $30,000.00 $ $47,000.00 1300 Street Banners $10,000.00 1360 Street Decoration's /Ferris Wheel $32,000.00 Street Benches $20,000.00 $62,000.00 Operating 5060 Streetscaping (commitment to 2025)$50,000.00 5070 Lazar ShowNVater Feature (commit to 2024)$25,000.00 5100 Beautification -Flower Baskets $55,000.00 5150 Area Maintenance $23,500.00 5171 VCBIA Event Planning $10,000.00Contingency3350,000.001250HSTPaid$HST Cost $2,500.00$226,000.00SubTotal$400,000.00TOTAL$400,000.00 5 5 i % i Page 518 of 605 Clifton Hill BIA 4960 Clifton Hill,Box 60 Niagara Falls,Ontario,L2E 6S8 (905)357-5911 email:hoakes@c|iftonhi||.com Memo To:BillMatson bil|matson@niagarafa|ls.ca City of Niagara Falls From:Harry Oakes Date:June 1,2022 Re:2022 Budget Please find attached our 2022 budget request for city council consideration 2022 Budget TODS Highway Signage $10,000 Streetscape Maintenance $5,000 Accounting &Contingency $5,000 Sidewalk Expansion Project City of Niagara Falls Repayment §100,000 2022 Budget Total $120,000 2022 Tax Levy Request $120,000 Page 519 of 605 LLBIA Revised 2022 Annual Budget - Approved by LLBIA Board May 5, 2022 REVENUE 2022 Revised Budget (June 17) Tax Levy Requisition from City 220,000.00 Investment Income 3,000.00 Net Revenue 223,000.00 Less: Expected Taxes written off by City 5,000.00 TOTAL REVENUE 218,000.00 Marketing Website 18,000.00 Artwork & Production 10,000.00 Social Media Ads, Adwords 10,000.00 TODS Signage 11,700.00 Website Hosting 700.00 Website Domains & Maintenance 300.00 Out of Town Marketing 5,000.00 Media Library / Videos 6,500.00 Billboard Campaign 12,000.00 Contingency 12,000.00 Total Marketing 86,200.00 Events New Years Eve 7,500.00 WFOL 2,500.00 Restaurant Week + New Event 8,000.00 Page 520 of 605 Total Events 18,000.00 Memberships & Conferences OBIAA 675.00 OBIAA Convention + Professional Development 1,285.00 FEO - FEO Convention - Total Membership & Conferences 1,960.00 Beautification Banners, Brackets & Bus Shelter Branding 32,000.00 Planters & Winter Greens 25,000.00 Repairs to Banner & Basket Arms - Total Beautification:57,000.00 Administration Project Administrator 40,000.00 Project Administrator - Expenses 1,000.00 Digital Marketing & Website Coordinator - Audit Expense 4,600.00 Bank Charges & Interest 140.00 Book Keeping 3,050.00 Insurance - Director's Liability $5M 3,000.00 Legal Fees 1,000.00 Mail Box 200.00 Meeting Expenses 250.00 Member Communications 100.00 Office Expenses 1,000.00 Misc Expense 500.00 Page 521 of 605 Total Administration 54,840.00 Total Operational Expense 218,000.00 NET OPERATIONAL INCOME - nil Page 522 of 605 4605 QUEEN STREET NIAGARA, ON L2E 2L7 P. 905-356-5444 / DOWNTOWNIAGARAFALLS.COM November 29th, 2021 Mayor and City Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON, L2E 6X5 To Whom This May Concern, After a six-month-long budget process, which included surveys, 30 + committee and board meetings, a presentation and discussion with review at the AGM, the Downtown Niagara Falls Business Improvement Association would like to request the attached levy and budget be approved by Council and placed on the December 7th, 2021, agenda. The requested amount is a levy of $406,604 with an overall budget of $591,604 with the estimated external revenues. The BIA is excited to announce that it also raised an additional $600,000 in grants, sponsorships, and external revenues for the 2021 year for several significant projects. Obtaining these grants would not have been possible, without having as a foundation, the levy from the BIA, the BIA staff team, and the over 40 BIA member volunteers on committees and the Board. Thank you to all of our volunteers for their hard work and to Council, for you consideration. Sincerely, Ron Charbonneau, Chairman On behalf of the Niagara Falls Downtown Board of Management Page 523 of 605 2022 Page 1 2022 2022 2022 BUDGET ACTUALS REMAINING GENERAL SUPPLIES total 200 0 200 PROMOTIONS & EVENTS total 2600 0 2600 Event - Christmas 300 0 Event - Santa Claus Parade 500 0 Event - Halloween 300 0 Event - Car Show 500 0 500 0 TSS Bursary (250 for each DM and TSS students)500 0 ADVERTISING total 11915 1932.30 9982.70 Advertising via the board 1665 1932.3 Advertising via the Marketing Committee 10250 0 CARRY OVER FROM 2021 0 OFFICE EQUIPMENT RENTAL total 0 0 0 MUNICIPAL AUDIT total 4000 0 4000 *FIXED COSTS REPAIRS / MAINTENANCE / EQUIPMENT total 200 0 200 *FIXED COSTS BEAUTIFICATION total 10000 400 9600 Beautification Committee 2300 400 Garbage bin grant $150 each 6 total 900 0 *must amend grant paperwork to move forward Graffiti grant $150 each 6 total 900 0 Camera grant $150 each 6 total 900 0 Street Cleaner 5000 0 GENERAL ADMINISTRATION total 10885 119.53 10765.47 *FIXED COSTS Coordinator 8500 87 OBIAA 260 0 NBOTAC 110 0 WSIB 500 1.76 700 26.86 Nov the 22 to Nov 28 CRA 450 3.36 Banking 65 0.55 Website expenses 300 0 AMORTIZATION total 0 0 0 519.53 MISCELLANEOUS total 200 0 200 Misc.0 0 Taxes 0 0 Welcome Package 0 0 Compassionate Fund 200 0 CARRY OVER FROM 2020 total TOTAL total 40000 2451.83 37548.17 INSTALLMENTS 40000 0 Other Events - Firefighters Street Dance, Easter Egg Hunt, Cycling Events, Canal Bank Shuffle, Winterfest, Pride 1700 + hst = 1921 Payweb Petty cash $250 - with Serge Carpino TThorold Downtown BIA Page 524 of 605 2021 ACTUALS 2022 REVENUE Member levies 384,431$ 384,431$ 384,431$ Other cost recoveries 28,310$ TOTAL REVENUE 384,431$ 412,741$ 384,431$ TOTAL REVENUE 384,431$ 412,741$ 384,431$ EXPENSE ADMINISTRATION Rent 15,965$ 17,986$ 16,608$ Insurance (property, board)1,850$ 4,037$ 4,500$ TOTAL ADMINISTRATION 17,815$ 22,023$ 21,108$ HUMAN RESOURCES Salaries and taxes 138,400$ 151,143$ 146,080$ Benefits 10,000$ Workplace safety 600$ 814$ 1,000$ Parking/Mileage 2,000$ 1,479$ 1,500$ TOTAL HUMAN RESOURCES 141,000$ 153,436$ 158,580$ GENERAL ADMINISTRATION Supplies 700$ 1,968$ 1,000$ Copier/fax, computer 2,500$ 1,918$ 2,500$ Postage general 200$ 0 150$ Meetings 500$ 462$ 500$ Telephone/mobile phone 2,200$ 3,131$ 3,000$ Leases (copier & fax)7,000$ 7,187$ 7,000$ TOTAL GENERAL ADMINISTRATION 13,100$ 14,666$ 14,150$ FINANCE Banking charges 1,500$ 1,603$ 1,000$ Bookkeeping services 2,500$ 5,550$ 2,000$ Yearly audit fee 7,000$ 6,843$ 7,000$ TOTAL FINANCE 11,000$ 13,996$ 10,000$ MARKETING Streetscape Christmas decor 21,750$ 10,968$ 10,500$ Kiosks 3,000$ 492$ 2,000$ Web site & computer upgrades 5,000$ 10,758$ 5,000$ General marketing 55,000$ 47,007$ 35,000$ Sponsorship 5,000$ 1,150$ 5,000$ Graffiti clean up/ gum removal 7,000$ 1,200$ 5,000$ St. Catharines Downtown Association 2022 Budget Page 525 of 605 TOTAL MARKETING 96,750$ 71,575$ 62,500$ EVENTS Other events 12,000$ -$ Spring events 10,000$ Summer events 25,000$ 8,922$ 30,000$ Fall events 3,099$ 10,000$ Winter events 20,000$ 15,209$ 20,000$ TOTAL EVENTS 57,000$ 27,230$ 70,000$ MEMBER COMMUNICATIONS & ADVOCACY Annual general meeting 700$ 598$ 500$ Newsletter & membership comm.3,000$ 1,651$ 1,500$ Committee/Board/Staff development 1,000$ 6,473$ 5,000$ Membership Dev., & resources 6,600$ 7,725$ 5,000$ Streetscape improv./beautification 10,500$ 11,380$ 15,000$ Safety 10,000$ 10,870$ 10,000$ TOTAL MEMBER COMM. & ADVOCACY 31,800$ 38,697$ 37,000$ WRITE OFFS 15,966$ 14,371$ 11,093$ TOTAL EXPENSE 384,431$ 355,996$ 384,431$ RESERVE -$ 56,745$ Page 526 of 605 2/6/23, 7:36 PM No levy on North Welland BIA this year, zero budget approved | StCatharinesStandard.ca https://www.stcatharinesstandard.ca/news/niagara-region/2020/04/22/no-levy-on-north-welland-bia-this-year-zero-budget-approved.html 1/2 This copy is for your personal non-commercial use only. To order presentation-ready copies of Toronto Star content for distribution to colleagues, clients or customers, or inquire about permissions/licensing, please go to: www.TorontoStarReprints.com No levy on North Welland BIA this year, zero budget approved By The Welland Tribune Wed., April 22, 2020 1 min. read Article was updated Jun. 02, 2020  Welland council approved a zero dollar budget for North Welland BIA Tuesday night to provide relief for businesses during the COVID-19 pandemic. A letter from the BIA board of directors said it recently passed a motion to waive the 2020 levy - that's the fee collected by municipalities from businesses in a catchment area over and above property taxes. The funds are sent back to be managed by the BIA and generally used to promote the area as a business or shopping area and oversee the improvement, beautification and maintenance of the area. BIAs can raise additional funds on their own to promote special events or carry out improvements. The North Welland BIA takes in 130 businesses on Niagara Street from Thorold Road to just past Quaker Road. "We also have passed a motion to put a hold on our capital projects and use the funds set aside for those capital projects for future promotion of our member businesses to assist them during what is shaping up to be a very challenging year," said North Welland BIA treasurer Alanna Galeota in a letter to the city. nationalmattress.ca The letter asked the city to adjust the tax bills and revise its previously approved budget for 2020. Ward 2 Coun. David McLeod was in support of the request. NIAGARA REGION Page 527 of 605 2/6/23, 7:36 PM No levy on North Welland BIA this year, zero budget approved | StCatharinesStandard.ca https://www.stcatharinesstandard.ca/news/niagara-region/2020/04/22/no-levy-on-north-welland-bia-this-year-zero-budget-approved.html 2/2 Copyright owned or licensed by Toronto Star Newspapers Limited. All rights reserved. Republication or distribution of this content is expressly prohibited without the prior written consent of Toronto Star Newspapers Limited and/or its licensors. To order copies of Toronto Star articles, please go to: www.TorontoStarReprints.com McLeod is the city's representative on the board along with Ward 4 Coun. Bryan Green. "They have sufficient funds to support themselves through 2020," he said. Ward 5 Coun. Claudette Richard said she was glad to hear North Welland BIA had the funds to carry through the year, adding that was one of her biggest concerns. "One of the major mandates is to assist businesses and what better time than now to help . small businesses owners need the assistance," said Richard, adding Welland's Downtown BIA was doing its bit to help out those in its catchment area. SHARE: Page 528 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-23 Saturday, February 25, 2023 11.2 Downtown Board of Management - City Council Letter - 2023 Budget and Levy Letter Council, I remind council that according to their By-Law that states, All decisions are subject to approval and ratification at the next Board of Management meeting. A minimum of fifty (50) percent plus one (1) executive members, as of the roles that are filled, must be present to constitute quorum. All meetings of the Executive Committee shall be at the call of the chair to conduct business as necessary. Minutes must be taken and presented at the next Board of Management meeting. So really, nothing has been finalized yet. It is recommended to hold another moment of silence, appreciate how smoothly council works, then either receive and file for information item #11.2 or if ratification is confirmed, approve it. Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the Page 529 of 605 legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 530 of 605 1 Heather Ruzylo To:Bill Matson Subject:RE: POSSIBLE SPAM [EXTERNAL]-Urgent Matter: Potential Violations of By-Laws and Regulations by Downtown Niagara Falls Business Improvement Association From: Julio Batres-Gavidia Sent: Friday, February 24, 2023 5:36 PM To: Clerk <clerk@niagarafalls.ca>; CouncilMembers <councilmembers@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca> Subject: POSSIBLE SPAM [EXTERNAL]-Urgent Matter: Potential Violations of By-Laws and Regulations by Downtown Niagara Falls Business Improvement Association February 9th, 2023 Mayor and City Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON, L2E 6X5 Dear Mayor and City Council, I am writing to express my concern regarding two items on the upcoming City Council meeting agenda for February 28th, 2023: Item 10.1 - The Downtown Niagara Falls Business Improvement Association - Removal of Chairman and Item 11.2 - Downtown Board of Management - City Council Letter - 2023 Budget and Levy Letter. Item 10.1 - The Downtown Niagara Falls Business Improvement Association - Removal of Chairman Regarding Item 10.1, I have reviewed the letter submitted by the Niagara Falls Downtown Business Improvement Association (NFBIA) regarding the removal of Phil Ritchie as Chairman. The letter references the NFBIA Public Notice By-Law under section 2 (b) for emergency meetings, which states that notice must be provided as soon as reasonably possible and that the reasons for the emergency meeting must be stated in the notice. The only reasons for emergency meetings include discussing an emergency event requiring immediate reaction from the Board, discussing time-sensitive human resources issues, and discussing time- sensitive legal action. https://downtownniagarafalls.com/uploads/2023/01/Notice-of-Public-Meeting.pdf However, to my knowledge, neither the Chair nor the Vice-Chair called the special executive meeting where this decision was made, and the rest of the board was not allowed to vote on this prior to the letter being sent to council. This action violates the by-law regarding meetings and executive meetings of the NFBIA. The by- law requires that meetings be called by the Chair, with a quorum of fifty (50) percent plus one (1) of the Board of Management present. To my knowledge the only voting members in attendance were the Secretary and the Treasurer and thus not meeting quorum. https://downtownniagarafalls.com/uploads/2021/03/By-laws-of-the-NFBIA-2020.pdf Page 531 of 605 2 According to the letter submitted by the NFBIA, the Executive will make decisions by the majority until a new chair can be nominated and approved at the next regularly scheduled Board meeting on February 27, 2023. However, I have concerns that this decision may not be in compliance with the applicable by-laws and regulations. To my knowledge, the Vice-Chair (Eric Martin) has not been approached about assuming the role of Chair, as the By-Laws of the Niagara Falls Downtown Business Improvement Area state that the Vice-Chair should assume the duties of the Chair if an absence or disability occurs. Furthermore, if both the Chair and Vice-Chair are unable to attend a Board of Management meeting, the board members present at the Executive meeting shall nominate a presiding officer, provided there is a quorum. https://downtownniagarafalls.com/uploads/2021/03/By-laws-of-the-NFBIA-2020.pdf The by-laws also state that whatever decision the executive takes is subject to approval by the board at the next meeting which is not until Monday February 27th. So how can they submit a letter to council before the decision (that was made without quorum) went to the board for approval? Given these concerns, I urge City Council to investigate this matter thoroughly before making any decisions regarding the Chair's removal and the decisions made by the Executive. It is important to ensure that all actions taken by the NFBIA are in compliance with applicable by-laws and regulations, and that the appropriate officers are assuming their responsibilities as outlined in the By-Laws of the Niagara Falls Downtown Business Improvement Area. Item 11.2 - Downtown Board of Management - City Council Letter - 2023 Budget and Levy Letter In regards to item 11.2 which proposes the approval of a budget and levy for the Downtown Niagara Falls Business Improvement Association. According to the attached letter submitted by the Downtown Niagara Falls Board of Management, they are requesting a levy of $463,571 to cover cost-of-living increases to expenses with an overall budget of $908,918 with the estimated external revenues. I believe that this budget should not be approved until a proper general meeting is held. As per recent news reports, the last general meeting of the Downtown Niagara Falls BIA was called a "gong show," and there has been frustration with the board among downtown businesses. https://www.niagarafallsreview.ca/news/niagara-region/2022/12/07/recent-bia-meeting-a-gong-show- frustration-with-downtown-niagara-falls-board-continues.html https://www.105theriver.ca/news/local-news/nf-bia-meeting-poorly-run-attendees/ Given this context, I strongly believe that the membership of the Downtown Niagara Falls BIA should have the opportunity to provide feedback on the budget. There is a petition right now to call a special general meeting and the budget will be one of the items to be discussed. The Special Meeting is being called in accordance with the By-Laws of the Niagara Falls Downtown Business Improvement Area. These by-laws state that a petition signed by 50 or more members of the BIA is sufficient to order a special meeting within 15 days of receipt of that petition by the Executive. Page 532 of 605 3 Therefore, I urge you to delay the approval of the budget and levy until a special general meeting is held and the membership of the BIA has had the opportunity to weigh in on the proposed budget and by-laws. Thank you for your consideration of this matter. Sincerely, Julio Batres-Gavidia CEO, Paradigm Ventures Niagara Inc. 4411 Queen St., Niagara Falls, ON, L2E 2L2 Julio Batres-Gavidia CEO Paradigm Ventures Niagara Inc. President | Paul Harris Fellow Rotary Club of St. Catharines South Cell: 905.380.4710 Email: Interactive Augmented & Virtual Reality Solutions for Advertising and Niagara Falls - Main Office 4411 Queen St., Niagara Falls, ON L2E 2L2 Toronto - Satellite Office 5 Hazelton Ave. Toronto, ON M5R 2E1 Information included in this email is reserved to named addressee’s eyes only. You may not share this message or Page 533 of 605 4 Information included in this email is reserved to named addressee’s eyes only. You may not share this message or any of its attachments to anyone. Please note that as the recipient, it is your responsibility to check the email for malicious software. Finally, the opinions disclosed by the sender do not have to reflect those of the company, therefore the company refuses to take any liability for the damage caused by the content of this email. Paradigm Ventures Niagara Inc. | 4411 Queen St., Niagara Falls, ON, L2E 2L2 | www.venturesniagara.com 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 534 of 605 Printed on Feb 9 2023 Budget BIA Levy 400,000.00 Administration 5050 Administration Salary 42,000.00 5036 Travel Expense — 5000 Audit expense 6,000.00 5065 Interest on Loan ~'5090 Bank charges 200.00 5035 Office and miscellaneous 1,500.00 5045'Liability&Commercial Ins.3,500.00 5055 Office Rent 3,500.00 5039 Computer Equipment/Repairs 500.00 5636 Business Luncheons 900.00 5640.Conference Attendance 1,000.00 -5675 Internet Services 600.00 ‘5635.Telephone 600.00 5655 Association Memberships 1,500.00 5037‘Professional Fees 1,000.00 5010,Legal Fees 2,000.00 5080 Taxes Written Off 14,200.00 .,'79,000.00 MarketingIEvents 5250 Marketing Consultant 5250 Website Management (incl.with consultan 15,000.00 '5025Website Maintenance 2,000.00 5020 Marketing/Advertising/Billboards/Banner A 20,000.00 5150 Street Banners/Maintenance /Repairs - ,37,000.00 Capital Projects 1300Street Banners ~ A -1360 Street Decorations /Ferris Wheel 32,000.00 1370 Street Benches 10,000.00 42,000.00 Operating 5075 Convention Centre (commitment to 2021)- 5060 Streetscaping (commitment to 2025)50,000.00 5070 Lazar Show/Water Feature (commit to 20 50,000.00 5185 Falls Illumination (commitment to 2020)« 5100Beautification —Flower Baskets 55,000.00 .5150 Area Maintenance 30,000.00 5170,‘Miscellaneous Event Sponsorship/3rd Pan 10,000.00 .5171 VCBIA Event Planning — 5 5165NPC—Fireworks — summer5166Contingency 43,000.001250HSTPaid"HST Cost 4,000.00242,000.00SubTotal400,000.005110CapitalImp./City Of NF CommitmentTOTAL 400,000.00Page 535 of 605 1 Michael Stewart To:Bill Matson Subject:RE: [EXTERNAL]-VCBIA 2023 Budget From: tim@vcbia.ca <tim@vcbia.ca> Sent: Friday, February 10, 2023 3:05 PM To: Bill Matson <billmatson@niagarafalls.ca> Cc: Eric Marcon <eric@hojobythefalls.com>; Patrick Steier <psteier@n21inc.com>; Mike Bufalino Subject: [EXTERNAL]-VCBIA 2023 Budget Bill, please find the approved 2023 budget for the VCBIA as approved at its Board Meeting of February 9 2023. We would like this to be put on the next available council agenda for councils consideration. Thank you , Tim Parker Office Administrator Victoria Centre BIA Niagara Falls Convention Centre 6815 Stanley Avenue, Niagara Falls L2G 3Y9 Phone: 905-357-6222 x 7234 www.TopOfCliftonHill.com CLIFTON HILL DISTRICT – VICTORIA AVENUE 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 536 of 605 1 BY EMAIL Council for the City of Niagara Falls c/o Bill Matson, Clerk 4310 Queen Street Niagara Falls, Ontario L2E 6X5 February 21, 2023 Dear Members of Council for the City of Niagara Falls: Re: Best Practices regarding Codes of Conduct My Office has received complaints related to the City of Niagara Falls’ (the “City”) Code of Conduct and Integrity Commissioner. The complaints raised concerns that the City has enacted barriers for the public to make a complaint including a $500 fee and a residency requirement. The City’s Code also conflates complaints that are judged to lack sufficient information with those that are determined to be vexatious or frivolous. Furthermore, it fails to grant the Integrity Commissioner the authority to review complaints about members of local boards, contrary to the requirements of the Municipal Act, 2001. Based on our review of these complaints and further to my staff’s discussion with the Clerk on February 1, 2023, I am writing to share best practices related to Codes of Conduct for the City’s consideration. Complaints that lack sufficient information should be distinguished from those that are considered frivolous, vexatious, or not made in good faith A complaint to my Office raised concerns that the Code addresses complaints that are judged to lack sufficient information in the same provision as those that are considered to be frivolous, vexatious or in bad faith, and that these complaints are addressed in the same manner under the Code. The individual told my Office that their complaint to the Integrity Commissioner was dismissed in part because it did not include sufficient information to support the allegations. However, the Integrity Commissioner did not reach out to the individual to clarify or obtain additional information. As a result, the individual forfeited the $500 complaint fee they had paid to the City. Under the City’s Code of Conduct, the Integrity Commissioner has discretion to dismiss a complaint if the complaint is frivolous, vexatious or is not made in good faith, or where there are no grounds or insufficient grounds to conduct an investigation.1 If the Integrity Commissioner determines that a complaint meets 1 Code of Conduct, Section 17.5 Page 537 of 605 2 any of these four criteria, then the fee for making the complaint is forfeited by the complainant.2 The terms “frivolous” and “vexatious” have been explained by the courts. A “frivolous” complaint is “readily recognizable as devoid of merit, as one having little prospect of success”.3 A “vexatious” complaint is taken to “annoy or embarrass the opposite party” or conducted in a “less than diligent” manner.4 My Office has made numerous best practice recommendations in recent years in response to similar complaints (summaries of these can be found in our last two Annual Reports56). One of the best practices we consistently recommend is that Integrity Commissioners be given the discretion to dismiss frivolous or vexatious complaints. Prior to making a determination that a complaint is frivolous or vexatious, the Integrity Commissioner should conduct an assessment of the information provided by complainant. If an Integrity Commissioner decides to refuse to further review a complaint because it is frivolous or vexatious, the Integrity Commissioner should notify the complainant in writing. On the other hand, complaints that contain insufficient information to support an investigation may still merit further review by the Integrity Commissioner. Members of the public making a complaint to the Integrity Commissioner may not be familiar with how to frame a complaint or the kind of information required to support an allegation. These complaints should not be placed in the same category as frivolous or vexatious complaints, and should not necessarily be dismissed immediately. Instead, the City should put a process in place that enables the Integrity Commissioner to obtain additional information from the complainant in order to assess the alleged Code violation. As a best practice, the City’s Code of Conduct should distinguish complaints that are deemed to be frivolous, vexatious or not made in good faith, from complaints that contain insufficient grounds. Care should be taken, in future, to ensure that these types of complaints are not conflated. The City should ensure that its Integrity Commissioner provides complainants with the opportunity to provide supplemental information to support a complaint before it is dismissed. 2 Code of Conduct, Section 17.1 (e) 3 Pickard v. London Police Services Board, 2010 ONCA 643. 4 York University v. Markicevic, 2017 ONCA 651; Henderson v. Wright, 2016 ONCA 89. 5 Ontario Ombudsman, Annual Report 2021-2022, online: https://www.ombudsman.on.ca/resources/reports,-cases-and-submissions/annual-reports/2021- 2022-annual-report#Integrity%20Commissioners%20and%20local%20accountability 6 Ontario Ombudsman, Annual Report 2020-2021, online: https://www.ombudsman.on.ca/resources/reports,-cases-and-submissions/annual-reports/2020- 2021-annual-report#Councils,%20committees%20and%20conduct Page 538 of 605 3 There should be no fee charged to file an Integrity Commissioner complaint As of June 22, 2021, the City increased the fee to file a complaint to the Integrity Commissioner from $200 to $500. Under the Code, only 50% of the fee will be refunded to the complainant, even if a complaint is supported. As noted above, if the Integrity Commissioner determines that a complaint is frivolous, vexatious, not made in good faith, or contains insufficient grounds to support an investigation, the complainant shall forfeit the entire fee of $500. The Municipal Act, 2001 requires that all municipalities appoint an Integrity Commissioner, or make the services of an Integrity Commissioner available, to address complaints regarding the ethical conduct of members of council and local boards. This system is premised on a willing public coming forward to assist in ensuring that transparency is maintained at the municipal level. There should be no fee or other barrier to make a complaint to the Integrity Commissioner. Although some municipalities have chosen to implement a complaint fee, my Office has publicly denounced7 this practice, as it penalizes complainants for exercising their statutory rights, and may prevent legitimate complaints from being brought forward due to concerns about financial cost. Charging a fee to complain is entirely inconsistent with the primary intent of the Integrity Commissioner scheme, which is to foster democratic legitimacy and public trust at the local level. I understand that the fee may have been implemented to offset costs and in an effort to minimize the number of frivolous or vexatious complaints, or complaints containing insufficient grounds to support an investigation received by the City. However, rather than imposing a fee, the City could address these concerns by empowering the Integrity Commissioner to make this determination on the basis of each specific complaint. This would help to ensure that legitimate complaints are not suppressed by an overly blunt barrier to access. The City of Niagara Falls’ Code of Conduct already provides the Integrity Commissioner with the authority to dismiss complaints that are frivolous, vexatious, not made in good faith, or contain insufficient evidence to support an investigation. Accordingly, the City need only remove the fee in order to ensure that complaints can reach the Integrity Commissioner and be considered on their merits. 7 See e.g. Ken Mann, “Hamilton eliminates fee for filing of complaints against councillors”, Global News (8 June 2022), online: https://globalnews.ca/news/8906859/hamilton-fee-complaints- against-councillors-eliminated/#:~:text=Share,- Share%20this%20item&text=Hamilton%20residents%20wanting%20to%20file,a%20%E2%80%9 Cbarrier%E2%80%9D%20to%20criticism. Page 539 of 605 4 I strongly urge the City to amend its Code of Conduct as soon as possible to remove the requirement of a fee to complain to the Integrity Commissioner. The public must be able to complain to the Integrity Commissioner about the conduct of members of local boards Our Office received a complaint that the process for filing a Code of Conduct complaint about a local board member was unclear. We made inquiries with the City and were told that the Integrity Commissioner did not have authority to investigate complaints about local board members, and that there is currently no alternative mechanism in place to address these types of complaints. The Municipal Act, 2001 requires that all municipalities appoint an Integrity Commissioner, or make the services of an Integrity Commissioner available, to address complaints regarding the ethical conduct of members of council and local boards. This requirement is mandatory under section 223.3 of the Municipal Act, 2001. We were told that Council intends to amend the Code of Conduct to grant the Integrity Commissioner authority to investigate complaints regarding the ethical conduct of members of local boards. We have been informed that in the meantime, complaints of this nature may be submitted to the Clerk or directly to the Integrity Commissioner, and will be addressed once the Code of Conduct has been updated. I urge the City to ensure it addresses this gap in accountability as soon as possible. Any member of the public should be able to submit a complaint to the Integrity Commissioner Our Office received a complaint from an individual who attempted to file a complaint with the Integrity Commissioner. The complainant received a response from the Integrity Commissioner, informing them that they are not qualified to submit a complaint because they are not a resident of the City of Niagara Falls. The Code of Conduct defines “complaint” as: a written objection filed with the Integrity Commissioner pursuant to this Code respecting a Member and may be submitted by City Council, a member of City Council, a City employee, a resident of the City of Niagara Falls, or a person who owns a business or represents an institution within the City of Niagara Falls.8 Our Office was told that there is no process in place to address complaints related to the ethical conduct of council or local board members from non- residents. We were told by City staff that the residency requirement was 8 Code of Conduct, Section 2.1(i) Page 540 of 605 5 implemented to offset the costs and address the number of Code of Conduct complaints submitted by non-residents in the past. Municipalities should not create barriers to making a complaint to the Integrity Commissioner. The City’s concerns can be addressed by empowering the Integrity Commissioner to use discretion to dismiss frivolous or vexatious complaints on the basis of each specific complaint. I urge the City to amend its Code to remove this barrier to accessing its Integrity Commissioner complaint process. Conclusion I urge council to seriously consider implementing the best practices I have highlighted in this letter, in the interest of increasing transparency and accountability in the City of Niagara Falls. Yours truly, Paul Dubé Ontario Ombudsman Page 541 of 605 The Official Opposition Party to The City of Niagara Falls Council Do not alter this document 28-02-2023-21 Saturday, February 25, 2023 11.4 Ontario Ombudsman - Letter to Council - Best practices regarding Code of Conduct Council, I would suspect that every council member has seen a movie where the girl walks right up to the guy and just slaps his face and he stands there dumbfounded. I wonder if your feeling that very same feeling right now after reading the Ombudsman's letter? Like, what did we do? Well the three new council members are excused of course because this is all on the former council. I have not known this council to not implement an Ombudsman's recommendation so it looks like the code of conduct is getting revised. Many people in that room should know that I personally have filed several complaints to the Ombudsman's Office and Integrity Commissioner concerning the actions of this council, some may even know complaints have been file against the Downtown BIA also. An Ombudsman's complaint has even been filed against the Integrity Commissioner. Complaints that lack sufficient information should be distinguished from those that are considered frivolous, vexatious, or not made in good faith I'm know the Integrity Commissioner complaint got transferred to the Ombudsman's Office due to the seriousness of the complaint and is an ongoing investigation. Further, Page 542 of 605 the Integrity Commissioner is also being investigated by the Ombudsman's Office due to it's handling of the complain, well maybe not now considering his letter to council. "On the other hand, complaints that contain insufficient information to support an investigation may still merit further review by the Integrity Commissioner." This statement has relevance to those events. The Ombudsman's letter does not address what happens when the Integrity Commissioner deems a complaint not within his jurisdiction. You may want to clarify that situation as well. 1. It is recommended that "The City should ensure that its Integrity Commissioner provides complainants with the opportunity to provide supplemental information to support a complaint before it is dismissed. " There should be no fee charged to file an Integrity Commissioner complaint Ironically the two councilors that voiced the greatest support for the fee increase, Chris Dabrowski, who championed the fee increase request from $200 to $500 and Vince Kerrio who, living in some fairytale world of his, recommended a $5000 fee are no longer city councilors, you might want to take that to heart. YouTube link of the relevant June 22, 2021 Council Meeting https://www.youtube.com/live/crzbUYvBmr4?feature=share&t=9484 You start targeting residents and it's going to come back on you. Several other councilors in that debate should be ashamed of their actions as well and in retrospect should now apologize to the residents of Niagara Falls. I remember watching that meeting and feeling disgusted by the actions of council, the only saving grace was that thankfully there were two women on council that voiced reason, not much good it did through, in the realm of the "Boys Club". Good council members don't get complaints filed against them in the first place, even if they make mistakes, perceived or otherwise. Take Councilor Nieuwesteeg, she was honorable enough to get up and champion the cause to defer cemetery lot fee increases. She's associated to a funeral home, notwithstanding whether it would be valid or not, you don't think someone could have filed the more serious conflict of interest complaint against her if they wanted to? (Statue of limitations for such a filing has passed so no worries discussing it.) I'm fairly certain that if certain other council members did that they would be in an uncomfortable situation right now. Page 543 of 605 We have a new council and for all intensive purposes it appears the "Boys Club" has been disbanded and any remnants have been suppressed. This council should most likely not have to be so concerned that they are going to inundated with complaints. 2. It is recommended council reduce the fee to $0, furthermore that as a course of reconciliation, refund the fee of all applications filed since June 2021. It is requested the councilors, those that are still in office, that supported the fee increase apologize to the residents of Niagara Falls for having done so. Time to make amends. Remember, your actions are being archived. If for some unfathomable reason council decides to keep a token fee, know this, the OPNFC will institute a policy to subsidize that fee. The public must be able to complain to the Integrity Commissioner about the conduct of members of local boards Hmmm ... wonder who that was. I guess 11.4 is my "I will follow-up once I hear back from him" response. Any member of the public should be able to submit a complaint to the Integrity Commissioner Can't claim credits for this one, I live in Niagara Falls. 3. It is recommended to remove the residency requirement. Page 544 of 605 Leader of the Official Opposition (Chef de l'Opposition officielle) Joedy Burdett 4480 Bridge Street, Niagara Falls, L2E 2R7 (905) 353 8468 OPNFC.ca Just as His Majesty's Loyal Opposition is viewed as the caucus tasked with keeping the government in check, it is the mandate of the OPNFC to hold Council accountable to their actions or intentions, realized or inferred. "An opposition party is a political party that does not win enough seats in a general election to form a government. The elected members of that party instead serve in the legislature as the opposition. An opposition party criticizes and challenges the governing party, with the goal of improving legislation and forming the government in the next election. The opposition party with the most seats is called the Official Opposition or His Majesty’s Loyal Opposition. This title emphasizes that the party remains loyal to the Crown even as they oppose the governing party." Page 545 of 605 The Corporation of the Town of Grimsby Administration Office of the Town Clerk 160 Livingston Avenue, Grimsby, ON L3M 0J5 Phone: 905-945-9634 Ext. 2171 | Fax: 905-945-5010 Email: bdunk@grimsby.ca February 24, 2023 SENT VIA E-MAIL Premier of Ontario Legislative Building Queen's Park Toronto ON M7A 1A1 Attention: Doug Ford, Premier Dear Mr. Ford RE: Barriers for Women in Politics Please be advised that the Council of the Corporation of the Town of Grimsby at its meeting held on February 21, 2023 passed the following resolution: C-23-055 Moved by: Councillor DiFlavio; Seconded by: Councillor Freake WHEREAS, the Town of Grimsby values equality and inclusivity in all areas of life, including politics; WHEREAS, women have historically been underrepresented in politics, and continue to face barriers and discrimination in their pursuit of elected office; WHEREAS, misogyny and harassment have been identified as significant challenges for women in politics, both in Canada and around the world; WHEREAS, the Town of Grimsby believes that all individuals have the right to participate in a political environment that is free from discrimination, harassment, and misogyny; THEREFORE, BE IT RESOLVED, that the Town of Grimsby expresses its support for women in politics and their right to participate in a political environment that is free from misogyny and harassment, and where everyone f eels equal. Page 546 of 605 BE IT FURTHER RESOLVED, that the Town of Grimsby commits to taking steps to ensure that our political environment is inclusive and welcoming to all individuals, regardless of gender, race, ethnicity, religion, sexual orientation, or other ident ity factors. BE IT FURTHER RESOLVED, that the Town of Grimsby encourages other municipalities in Ontario and across Canada to join us in supporting women in politics and promoting gender equality in all areas of society. BE IT FURTHER RESOLVED, that a copy of this resolution be sent to all Ontario Municipalities for endorsement, the Premier of Ontario, the Minister of Municipal Affairs and Housing, Grimsby's MP and MPP, and the Association of Municipalities of Ontario to express the Town of Grimsby's commitment to this issue and encourage action at the provincial level to create legislation to ensure equality, safety, and security. UNANIMOUSLY CARRIED If you require any additional information, please let me know. Regards, Bonnie Nistico-Dunk Town Clerk cc. All Ontario Municipalities Steve Clark, Minister of Municipal Affairs and Housing Dean Allison, MP – Niagara West Sam Oosterhoff, MPP – Niagara West Association of Municipalities of Ontario Page 547 of 605 1 Michael Stewart To:Bill Matson; Heather Ruzylo Subject:RE: Centre Street One Way Issue From: Lori Lococo <llococo@niagarafalls.ca> Sent: Thursday, February 9, 2023 9:22 PM To: Bill Matson <billmatson@niagarafalls.ca> Cc: Jason Burgess <jburgess@niagarafalls.ca>; Ruth-Ann Nieuwesteeg <rnieuwesteeg@niagarafalls.ca>; Tim Parker <tim@vcbia.ca>; Eric Marcon <eric@hojobythefalls.com> Subject: Centre Street One Way Issue Hi Bill Today, Ruth Ann and I attended our first Victoria/Centre BIA meeting. With a new term of Council, the board would like to add the Centre Street one way traffic issue on the March 21st Council agenda for reconsideration. It is understood that there would need to be a two/third vote to reconsider the topic. If the two/third vote is achieved, then the board would like to make a presentation to Council. Do you require anything from VCBIA? Eric and Tim are copied on this email. Thanks Lori Lori Lococo Niagara Falls City Councillor Home: 905 357 5902 Cell: 905 931 6370 Page 548 of 605 NOTICE OF MOTION WHERE AS the Provincial restrictions to reduce the number of people dining indoors and outdoors has been lifted; AND WHERE AS the City of Niagara Falls made allowances and accommodations to assist businesses during the pandemic when dining restrictions were put in place; AND WHERE AS the regulation of the width of a street to meet Provincial Fire regulations was reduced during the pandemic from 6 metres wide to 4.5 metres wide for Centre Street from Victoria Avenue to Ellen Avenue; AND WHERE AS the Provincial restrictions have been removed and the fire regulation of the width of the road of 6 metres should be maintained and enforced; AND WHERE AS the City of Niagara Falls could be liable for the safety and well being of residents, business owners and tourists if there was an emergency and First Responders are not able to perform their duties because of the width of the road; AND WHERE AS the cost of closure or reducing traffic to one lane cost of Centre Street of $70,000 in 2020, $48,000 in 2021, $13,325 in 2022 and a projection of $14,000 for 2023; AND WHERE AS the taxpayers of the City of Niagara Falls have paid for the closure or reducing traffic to one lane to benefit 3 restaurants from 2020 to 2021 and 2 restaurants for 2022; AND WHERE AS the Victoria Centre Business Improvement Area (VCBIA) and the Clifton Hill BIA held 4 meetings over the course of 2 years with their Board of Directors and on all occasions, the Board voted against the closure or reducing traffic to one lane on Centre Street; AND WHERE AS the members of the VCBIA prepared a petition this year to oppose the closure or reducing traffic to one lane on Centre Street; AND WHERE AS the administration and strategic management of a Business Improvement Area is the responsibility of the BIA board; AND WHERE AS the VCBIA have taken pictures and videos multiple times during the day during the 2022 tourist season to show the number of people using the patios on Centre Street and that the patios were underutilized; Page 549 of 605 AND WHERE AS a person was struct by a car because of confusion with the traffic, a parked car, unsheltered people blocking the walkway because of the bollards forcing people to walk closer to live traffic. This created a safety issue; AND WHERE AS the equipment that has been used to close or reduce traffic to one lane has not been to the standard of the VCBIA and has made the area look like a construction zone in the heart of the tourist area for the entire tourist season; AND WHERE AS the furniture and fixtures used by the patios have not been to the standard of the VCBIA and has made the area look very un-professional and not world class; THEREFORE BE IT RESOLVED that the VCBIA Chair and Administrator request to be permitted to present their information at the March 21, 2023 City Council meeting; AND THEREFOR BE IT RESOLVED that the VCBIA move that Centre Street revert back to 2 way traffic. Page 550 of 605 The City of Niagara Falls, Ontario Resolution No. 4 February 28, 2023 Moved by: Seconded by: WHEREAS Under the federal-provincial Safe Restart Agreement for public transit, the Ontario government is providing up to $926,518 in Safe Restart Agreement Phase 4 Funding for Municipal Transit (SRA Phase 4) to the City Of Niagara Falls. WHEREAS Caroline Mulroney, Minister of Transportation wrote to municipalities on December 22, 2022 providing information on applying for additional funding under Phase 4 of the Safe Restart Agreement (SRA). THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls supports requesting additional financial assistance under Phase 4 of the Safe Restart Agreement stream to address COVID-19 municipal transit pressures for Phase 4, incurred from February 1, 2022 to December 31, 2022. AND FURTHER that the Mayor and Clerk be authorized to sign a Transfer Payment Agreement with the MTO for SRA Phase 4. AND FURTHER that a copy of this resolution be sent to the Minister of Transportation, Carolyn Mulroney. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 551 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA TRANSFER PAYMENT AGREEMENT FOR SAFE RESTART AGREEMENT PHASE 4 FUNDING FOR MUNICIPAL TRANSIT (SRA PHASE 4) THIS TRANSFER PAYMENT AGREEMENT for Safe Restart Agreement Phase 4 Funding for Municipal Transit (SRA PHASE 4) (the “Agreement”) is effective as of the Effective Date. B E T W E E N: His Majesty the King in right of Ontario as represented by the Minister of Transportation for the Province of Ontario (the “Province”) - and - The Corporation of the City of Niagara Falls (the “Recipient”) BACKGROUND: On December 7, 2022, the Government of Ontario announced that it was partnering with the Government of Canada to provide up to $505 million in Safe Restart Agreement Phase 4 Funding for Municipal Transit (SRA Phase 4) to municipalities across Ontario. The funding for SRA Phase 4, which will be provided to the Recipient in accordance with the terms and conditions set out in the Agreement, is intended to provide the Recipient with assistance for the costs and losses relating to the Recipient’s transit systems the Recipient has incurred during the Eligibility Period as a result of the COVID-19 pandemic. SRA Phase 4 funding builds upon the approximately $2.15 billion that was delivered to municipalities through the Safe Restart Agreement (SRA) to support Ontario municipal transit systems with COVID-19 pandemic-related financial pressures. SRA funding has been delivered in three phases: • Phase 1: Over $700 million flowed to municipalities for COVID-19 related financial impacts between April and September 2020. • Phase 2: $590 million flowed to municipalities for COVID-19 related financial impacts between October 2020 and March 2021. • Phase 3: Up to $650 million for eligible expenditures between April and December 2021, plus an additional $127.6 million in Phase 3 top-ups and an additional $81.7 million in supplementary funding for January 2022 (for Phase 3 only, municipalities were able to request an extension of the eligibility period to December 31, 2022, on a case-by-case basis). Page 552 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 2 of 25 CONSIDERATION: In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules to the Agreement. The following schedules form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Contact Information and Authorized Representatives Schedule “C” - Eligible Expenditures and Ineligible Expenditures Schedule “D” - Payment Procedures 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties (as defined in section A1.2 (Definitions)) with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between any of the requirements of: (a) Schedule “A” (General Terms and Conditions) and any of the requirements of another schedule or a sub-schedule, Schedule “A” (General Terms and Conditions) will prevail to the extent of the inconsistency; (b) a schedule and any of the requirements of a sub-schedule, the schedule will prevail to the extent of the inconsistency; or (c) this Agreement and any of the requirements of the Guidelines, this Agreement will prevail. 3.0 COUNTERPARTS 3.1 Counterparts. The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 3.2 Electronic Execution and Delivery of Agreement. Page 553 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 3 of 25 (a) The Agreement may: (i) be executed and delivered by scanning the manually signed Agreement as a PDF and delivering it by email to the other Party; or (ii) subject to the Province’s prior written consent, be executed and delivered electronically to the other Party. (b) The respective electronic signature of the Parties is the legal equivalent of a manual signature. 4.0 AMENDING THE AGREEMENT 4.1 Amending the Agreement. The Agreement may only be amended by a written agreement. 4.2 Execution of Amending Agreement. An amending agreement for changes to the Agreement may be duly executed by the representatives of the Parties listed on the signature page below or in Schedule “B” (Contact Information and Authorized Representatives). 5.0 ACKNOWLEDGEMENT 5.1 Acknowledgement. The Recipient acknowledges that: (a) the Funds are to assist the Recipient with the Financial Impacts due to the COVID-19 pandemic on the Recipient’s transit system or the Costs to Support Priority Initiatives and not to provide goods or services to the Province; (b) the Province is not responsible for the Recipient’s transit system; and (c) the Province is bound by the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31 (Ontario) and that any information provided to the Province in connection with the Agreement may be subject to disclosure in accordance with that Act. 5.2 Acknowledgement from Province. The Province acknowledges that the Recipient is bound by the Municipal Freedom of Information and Protection of Privacy Act , R.S.O. 1990, c. M.56 (Ontario) and any information provided to the Recipient in connection with the Agreement may be subject to disclosure in accordance with that Act. - SIGNATURE PAGE FOLLOWS - Page 554 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 4 of 25 The Parties have executed the Agreement on the dates set out below. HIS MAJESTY THE KING IN RIGHT OF THE PROVINCE OF ONTARIO, represented by the Minister of Transportation for the Province of Ontario _________________ ____________________________________ Date Name: Caroline Mulroney Title: Minister THE CORPORATION OF THE CITY OF NIAGARA FALLS _________________ ____________________________________ Date Name: James M. Diodati Title: Mayor I have authority to bind the Recipient. _________________ ____________________________________ Date Name: William G. Matson Title: City Clerk I have authority to bind the Recipient. Page 555 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 5 of 25 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) all accounting terms not otherwise defined in the Agreement have their ordinary meanings. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Agreement” means this agreement, entered into between the Province and the Recipient, all of the schedules listed in section 1.1 (Schedules to the Agreement), and any amending agreement entered into pursuant to section 4.1 (Amending the Agreement). “Authorities” means any government authority, agency, body or department, whether federal, provincial or municipal, having or claiming jurisdiction over the Recipient’s transit system or the Agreement. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Communications Activities” means, but is not limited to, public or media events or ceremonies including key milestone events, news releases, reports, web and social media products or postings, blogs, news conferences, public notices, physical and digital signs, publications, success stories and vignettes, photos, videos, multi-media content, advertising campaigns, awareness campaigns, editorials, multi-media products, and all related communication materials in respect of the Agreement. Page 556 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 6 of 25 “Costs to Support Priority Initiatives” means the operating and capital costs incurred by the Recipient during the Eligibility Period in respect of the Recipient’s municipal transit system that support the priority transit initiatives identified in Schedule “C” subsection C1.1. For clarity, Costs to Support Priority Initiatives are Eligible Expenditures insofar as they are incurred in accordance with Schedule “C”. “Effective Date” means the date of signature by the last signing Party to the Agreement. “Eligible Expenditures” means the losses and costs that are eligible for funding by the Province in accordance with Schedule “C” of the Agreement). “Eligibility Period” means the period starting on February 1, 2022 and ending on December 31, 2022, inclusive. “Event of Default” has the meaning ascribed to it in section A12.1 (Events of Default). “Expiry Date” means December 31, 2023. “Financial Impacts” means the net revenue losses, net operating costs, and capital costs the Recipient has incurred during the Eligibility Period in respect of the Recipient’s municipal transit system as a result of the COVID-19 pandemic. For clarity, Financial Impacts are Eligible Expenditures insofar as they are incurred in accordance with Schedule “C”. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Guideline” or “Guidelines” means the “Ministry of Transportation Safe Restart Agreement Phase 4 Municipal Transit Funding Stream Guidelines and Requirements”, as may be amended from time to time, which were distributed to recipients on December 7, 2022 and made available through the Transfer Payment Ontario (TPON) system. “Indemnified Parties” means His Majesty the King in right of Ontario, and includes His ministers, agents, appointees, and employees. “Ineligible Expenditures” means the costs that are ineligible for funding by the Province in accordance with Schedule “C” of the Agreement. “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Recipient’s transit system or with any other part of the Agreement. Page 557 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 7 of 25 “Maximum Funds” means $997,822. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default, pursuant to paragraph A12.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A12.4 (Recipient not Remedying). “On-demand Transit” means an alternative form of providing transit, where vehicle routes and schedules are determined by passenger demand typically facilitated through a technology application, unlike fixed route transit where transit service has a predetermined route and schedule. “Operating Budget” means the Recipient’s 2020 operating budget which has been prepared and adopted by the Recipient as required by section 290(1) of the Municipal Act, 2001 or a suitable adopted budget from which a baseline can be established to measure COVID-related financial impacts. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Recipient’s transit system or with any other part of the Agreement. “Records Review” means any assessment the Province conducts pursuant to section A7.4 (Records Review). “ Reports ” means the reports described in the Guidelines as well as any additional reports described in this Agreement. “Requirements of Law” means all applicable requirements, laws, statutes, codes, acts, ordinances, approvals, orders, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licences, authorizations, directions, and agreements with all Authorities. “SRA Phase 1 Contribution” means the funding for the SRA Phase 1 the Province provided to the Recipient in September and October 2020 in accordance with the Safe Restart Agreement Public Transit Funding Stream – Phase 1 Guidelines and Requirements “SRA Phase 3 Contribution” means the funding for the SRA Phase 3 the Page 558 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 8 of 25 Province provided to the Recipient in March 2021 in accordance with the Province’s Safe Restart Agreement Public Transit Funding Stream – Phase 2 and Phase 3 Guidelines and Requirements. A2.0 REPRESENTATIONS, WARRANTIES AND COVENANTS A2.1 General. The Recipient represents, warrants and covenants that: (a) it has, and will continue to have, the experience and expertise necessary to operate its transit system; (b) it is in compliance with, and will continue to comply with, all Requirements of Law related to any aspect of the Recipient’s transit system; (c) if Funds are used for acquired goods or services, or both, these were acquired in compliance with the Recipient’s policies and procedures and, to the extent possible under the COVID-19 pandemic unprecedented times, through a process that promotes the best value for the money; (d) it is in compliance with, and will continue to comply with, all requirements under the Guidelines; (e) it is in compliance with the insurance requirements set out in section A10.1 (Recipient’s Insurance); (f) any information, including the Reports, the Recipient provided to the Province in support of its request for Funds including, without limitation, information relating to any eligibility requirements, the Recipient’s transit system, any Financial Impact, any Costs to Support Priority Initiatives and related timelines was true and complete at the time the Recipient provided the Reports; and (g) it will provide any necessary updates to the Province during the Term of the Agreement to ensure that all Reports will continue to be true and complete should any of the information become inaccurate. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement, including passing a municipal by-law authorizing the Recipient to enter into the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: Page 559 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 9 of 25 (a) procedures to enable the Recipient to manage the Funds prudently and effectively; (b) procedures to address any identified risks to the Recipient’s ability to claim Eligible Expenditures from the Eligibility Period, all in a timely manner; and (c) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon request of the Province and within the timelines set out in the request, the Recipient will provide the Province with proof of the matters referred to in this Article A2.0 (Representations, Warranties and Covenants). A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 (Termination on Notice) or Article A12.0 (Event of Default, Corrective Action, and Termination for Default) of the Agreement or by the Province in accordance with the Guidelines. A4.0 FUNDS A4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for Eligible Expenditures; (b) provide the Funds to the Recipient in accordance with the payment procedures in Schedule “D” (Payment Procedures); and (c) deposit the Funds into an account designated by the Recipient provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1 (Funds Provided): (a) in addition to any other limitations under the Agreement on the payment of Funds by the Province, the Province is not obligated to provide any Funds to the Recipient unless the Recipient fulfils the special conditions listed in section A27.1 (Special Conditions); and Page 560 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 10 of 25 (b) the Province may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of one or more of the following: (i) the information the Recipient provides to the Province pursuant to this Agreement and the Guidelines; and (ii) the SRA Phase 3 Contribution funding provided to the Recipient exceeds the financial impacts the Recipient incurred, as a result of the COVID-19 pandemic, beginning from April 1, 2021 to December 31, 2021, inclusive. A4.3 Use of Funds. The Recipient will do all of the following: (a) spend the Funds only on Eligible Expenditures; and (b) not use the Funds to cover any Eligible Expenditure that has or will be funded or reimbursed by one or more of any third party, including any level of government, or ministry, agency, or organization of the Government of Ontario, other than the Province pursuant to the Agreement. A4.4 Deduction of SRA Phase 1 Contribution and SRA Phase 3 Contribution, Rebates, Credits and Refunds. Based upon the Reports the Recipient provides to the Province, the Province will provide Funds to the Recipient in an amount based on the actual losses or costs to the Recipient , less any actual losses or costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive SRA Phase 1 Contribution, SRA Phase 3 Contribution, a rebate, credit or refund. A4.6 Interest. If the Recipient earns any interest on the Funds, the Province may: (a) deduct an amount equal to the interest from any further instalments of Funds; or (b) demand from the Recipient the payment of an amount equal to the interest. A5.0 RECIPIENT’S DISPOSAL OF ASSETS A5.1 Disposal. The Recipient will not, without the Province’s prior written consent and prior to the Expiry Date or earlier termination of the Agreement, sell, lease, or otherwise dispose of any asset purchased or created with the Funds. A6.0 CONFLICT OF INTEREST Page 561 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 11 of 25 A6.1 No Conflict of Interest. The Recipient represents and warrants that there is and there will continue to be no conflict of interest in respect of any Eligible Expenditures claimed under the Agreement and that the Recipient will use the Funds without an actual, potential, or perceived conflict of interest. A6.2 Conflict of Interest Includes. For the purposes of this Article A6.0 (Conflict of Interest), a conflict of interest includes any circumstances where: (a) the Recipient; or (b) any person who has the capacity to influence the Recipient’s decisions, has outside commitments, relationships, or financial interests that could, or could be seen to, interfere with the Recipient’s objective, unbiased, and impartial judgment relating to the Agreement, the use of the Funds, or both. A6.3 Disclosure to Province. The Recipient will: (a) disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential, or perceived conflict of interest; and (b) comply with any terms and conditions that the Province may prescribe as a result of the disclosure. A7.0 REPORTING, ACCOUNTING AND REVIEW A7.1 Province Includes. For the purposes of sections A7.4 (Records Review), A7.5 (Inspection and Removal) and A7.6 (Cooperation), “Province” includes any auditor or representative the Province may identify. A7.2 Preparation and Submission. The Recipient represents and warrants: (a) That it has submitted to the Province: (i) all Reports in accordance with the requirements as provided for in the Guidelines (b) That it has ensured that all Reports and other reports are: (i) accurate to the date of this Agreement; (ii) completed to the satisfaction of the Province; and (ii) signed by an authorized signing officer of the Recipient. Page 562 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 12 of 25 (c) That it will provide to the Province any other reports, in accordance with any timelines and content requirements, that the Province may require from the Recipient prior to the execution of the Agreement and throughout the Term of the Agreement. A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation: (a) proper and accurate financial accounts and Records, kept in a manner consistent with generally accepted accounting principles in effect in Canada or with the public sector accounting standards approved or recommended by the Public Sector Accounting Board including, without limitation, its contracts, invoices, statements, receipts, and vouchers and any other evidence of payment relating to the Funds or otherwise to the Eligible Expenditures claimed under the Agreement; and (b) all non-financial records and documents relating to the Funds or otherwise to the Eligible Expenditures claimed under the Agreement. A7.4 Records Review. The Province may, at its own expense, upon twenty-four hours’ Notice to the Recipient and during normal business hours, enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following: (a) the truth of any of the Recipient’s representations and warranties; and (b) the Recipient’s allocation and expenditure of the Funds. A7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or more of the following actions: (a) inspect and copy any records and documents referred to in section A7.3 (Record Maintenance); and (b) remove any copies the Province makes pursuant to section A7.5(a). A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7.5 (Inspection and Removal), the Recipient will cooperate with the Province by: (a) ensuring that the Province has access to the records and documents including, without limitation, paid invoices and original receipts, wherever they are located; Page 563 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 13 of 25 (b) assisting the Province in copying records and documents; (c) providing to the Province, in the form the Province specifies, any information the Province identifies; and (d) carrying out any other activities the Province requests. A7.7 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records. A7.8 Auditor General. The Province’s rights under Article A7.0 (Reporting, Accounting and Review) are in addition to any rights provided to the Auditor General pursuant to section 9.2 of the Auditor General Act (Ontario). A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its Agreement-related publications whether written, oral or visual: (a) acknowledge the support of the Province for the Funds provided under the Agreement; (b) ensure that any acknowledgement is in a form and manner as the Province directs; and (c) indicate that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A8.2 Request from the Province in Respect of Communications Activities. The Recipient will, upon Notice from the Province, provide the Province with any information the Province may request in respect of any Communications Activities. A9.0 INDEMNITY A9.1 Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A10.0 INSURANCE A10.1 Recipient’s Insurance. The Recipient is responsible for its own insurance and has been carrying, at its own costs and expense, and requiring the same from its Page 564 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 14 of 25 subcontractors, all the necessary and appropriate insurance that a prudent municipality in similar circumstances would maintain in order to protect itself and the Indemnified Parties and support the Recipient’s indemnification set out in section A9.1 (Indemnification). For greater certainty, the Recipient is not covered by the Province of Ontario's insurance program and no protection will be afforded to the Recipient by the Government of Ontario for any Loss or Proceeding that may arise out of the Agreement. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days’ Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1 (Termination on Notice), the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; and (b) demand from the Recipient the repayment of any Funds provided to the Recipient in accordance with this Agreement. A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A12.1 Events of Default. It will constitute an Event of Default if, in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement including, without limitation, failing to do any of the following in accordance with the terms and conditions of the Agreement: (a) use or spend any of the Funds or related interest for a purpose other than that contemplated under the Agreement without the prior written consent of the Province; (b) provide, in accordance with Article A7.0 (Reporting, Accounting and Review), Reports or such other reports as may have been requested pursuant to paragraph A7.2(b); or (c) Provide any necessary update to the Province with respect to the accuracy of the content or information contained and submitted to the Province in any Report provided in accordance with this Agreement or the Guidelines. Page 565 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 15 of 25 A12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) provide the Recipient with an opportunity to remedy the Event of Default; (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (c) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (d) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; (e) demand from the Recipient the payment of an amount equal to the costs the Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Record Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and (f) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A12.3 Opportunity to Remedy. If, in accordance with paragraph A12.2(a), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Notice Period. A12.4 Recipient not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to paragraph A12.2(a), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in paragraph A12.2. Page 566 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 16 of 25 A12.5 When Termination Effective. Termination under this Article A12.0 (Event of Default, Corrective Action, and Termination for Default) will take effect as provided for in the Notice. A13.0 FUNDS UPON EXPIRY A13.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds remaining either in its possession, under its control, or both. A14.0 DEBT DUE AND PAYMENT A14.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) demand that the Recipient pay an amount equal to the excess Funds to the Province. A14.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or an amount equal to any Funds; or (b) the Recipient owes any Funds, SRA Phase 1 Contribution and SRA Phase 3 Contribution, or an amount equal to any Funds, SRA Phase 1 Contribution, or SRA Phase 3 Contribution to the Province, whether or not the Province has demanded their payment, such amounts will be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. This paragraph shall be in addition to any rights provided for under paragraph A4.4 above and shall not be construed by either Party as a conflict to said paragraph. A14.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. A14.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province as provided for in Schedule “B” (Contact Information and Authorized Representatives). A14.5 Fails to Pay. Without limiting the application of section 43 of the Financial Page 567 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 17 of 25 Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, His Majesty the King in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by His Majesty the King in right of Ontario. A15.0 NOTICE FOR MATTERS PURSUANT TO THE AGREEMENT. A15.1 Notice in Writing and Addressed. Any Notice that shall be required to be provided by one Party to the other Party pursuant to the Agreement will be: (a) in writing; (b) delivered by email, postage-prepaid mail, personal delivery or courier; and (c) addressed to the Province and the Recipient as set out in Schedule “B” (Contact Information and Authorized Representatives), or as either Party later designates to the other by Notice. A15.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; and (b) in the case of email, personal delivery or courier on the date on which the Notice is delivered. A15.3 Postal Disruption. Despite paragraph A15.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be given; and (b) the Party giving Notice will provide Notice by email, personal delivery or courier. A16.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A16.1 Consent. When the Province provides its consent pursuant to the Agreement: (a) it will do so by Notice; (b) it may attach any terms and conditions to the consent; and (c) the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province may have attached to the consent. Page 568 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 18 of 25 A17.0 SEVERABILITY OF PROVISIONS A17.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A18.0 WAIVER A18.1 Waiver Request. Either Party may, by Notice, ask the other Party to waive an obligation under the Agreement or the Guidelines. A18.2 Waiver Applies. If in response to a request made pursuant to section A18.1 (Waiver Request) a Party consents to a waiver, the waiver will: (a) be valid only if the Party that consents to the waiver provides the consent by Notice; and (b) apply only to the specific obligation referred to in the waiver. A19.0 INDEPENDENT PARTIES A19.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship. A20.0 ASSIGNMENT OF AGREEMENT OR FUNDS A20.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A20.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a) the Recipient’s successors, and permitted assigns; and (b) the successors to His Majesty the King in right of Ontario. A21.0 GOVERNING LAW A21.1 Governing Law. The Agreement and the rights, obligations and relations of the Parties will be governed by and construed in accordance with the laws of the Page 569 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 19 of 25 Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A22.0 FURTHER ASSURANCES A22.1 Agreement into Effect. The Recipient will: (a) provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement or the Guidelines pertains; and (b) do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A23.0 JOINT AND SEVERAL LIABILITY A23.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A24.0 RIGHTS AND REMEDIES CUMULATIVE A24.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A25.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A25.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition or obligation under any other agreement with His Majesty the King in right of Ontario or one of His agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, Page 570 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 20 of 25 the Province may suspend the payment of Funds for such period as the Province determines appropriate. A26.0 SURVIVAL A26.1 Survival. The following Articles, sections and paragraphs, and all applicable cross-referenced Articles, sections, paragraphs, schedules and sub-schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0 (Entire Agreement), paragraph 3.2(b), Articles 2.0 (Conflict or Inconsistency), 5.0 (Acknowledgment), and A1.0 (Interpretation and Definitions) and any other applicable definitions, paragraph A2.1(a), sections A4.4 (Deduction of SRA Phase 1 Contribution and SRA Phase 3 Contribution, Rebates, Credits and Refunds), A5.1 (Disposal), A7.1 (Province Includes), A7.2 (Preparation and Submission) to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province, A7.3 (Record Maintenance), A7.4 (Records Review), A7.5 (Inspection and Removal), A7.6 (Cooperation), A7.7 (No Control of Records), A7.8 (Auditor General), Articles A8.0 (Communications Requirements) and A9.0 (Indemnity), sections A11.2 (Consequences of Termination on Notice by the Province) and A12.1 (Events of Default), paragraphs A12.2,Articles A13.0 (Funds Upon Expiry), A14.0 (Debt Due and Payment), A15.0 (Notice for Matters Pursuant to the Agreement) and A17.0 (Severability of Provisions), section A20.2 (Agreement Binding), Articles A21.0 (Governing Law), A23.0 (Joint and Several Liability), and A24.0 (Rights and Remedies Cumulative), and this Article A26.0 (Survival). A27.0 SPECIAL CONDITIONS A27.1 Special Conditions. The provision of the Funds by the Province to the Recipient under the Agreement is conditional upon, (a) on or before the Effective Date , the Recipient providing the Province with: (i) a copy of the by-law(s) and, if applicable, any council resolution(s) authorizing the execution of the Agreement by the Recipient; (ii) the necessary information, including a void cheque or a blank letter, to facilitate an electronic transfer to an interest-bearing account in the name of the Recipient at a Canadian financial institution; and - END OF GENERAL TERMS AND CONDITIONS - Page 571 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 21 of 25 SCHEDULE “B” CONTACT INFORMATION AND AUTHORIZED REPRESENTATIVES Contact information for the purposes of Notice to the Province Address: Strategic Investments Office Ministry of Transportation 777 Bay, 30th Floor Toronto, ON M7A 2J8 Attention: Kevin Dowling, Manager, Strategic Investments Office Phone: (416) 859-7912 Email: kevin.dowling@ontario.ca Contact information for the purposes of Notice to the Recipient Address: 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Jonathan Leavens, Senior Manager of Accounting Phone: 905-356-7521 x 4355 Email: jleavens@niagarafalls.ca Contact information for the senior financial official in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province in respect of the Agreement Address: 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Tiffany Clark, Director of Finance Phone: 905-356-7521 x 4223 Email: tclark@niagarafalls.ca Authorized representative of the Province for the purpose of section 4.2 (Execution of Amending Agreements) Position: Director Municipal Programs Branch, Ministry of Transportation Authorized representative of the Recipient for the purpose of section 4.2 (Execution of Amending Agreements) Position: Director of Finance Page 572 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 22 of 25 SCHEDULE “C” ELIGIBLE EXPENDITURES AND INELIGIBLE EXPENDITURES C1.0 ELIGIBLE EXPENDITURES C1.1 Scope of Eligible Expenditures. Eligible Expenditures include, at the Province’s sole discretion, the following losses and costs incurred during the Eligibility Period: Net Revenue Losses (a) The following revenue losses will be considered Eligible Expenditures, which shall be calculated by subtracting the difference between the Operating Budget and actual revenue for the Eligibility Period, minus the non-COVID 19 related revenue changes during the same period: (i) farebox revenue losses; (ii) advertising revenue losses; (iii) parking revenue losses; (iv) contract revenue losses; and (v) any other revenue loss the Recipient incurred as a result of the COVID-19 pandemic that, in the opinion of the Province, is considered eligible. Operating Costs (b) The following operating costs measured against the Operating Budget (i.e., (operating costs amount in the Operating Budget minus the actual operating costs amount during the Eligibility Period) minus the non-COVID-19 pandemic operating costs amount = the eligible operating costs amount) that, in the opinion of the Province, the Recipient properly and reasonably incurred and paid as a result of the COVID-19 pandemic will be considered Eligible Expenditures: (i) costs associated with vehicle cleaning; (ii) costs associated with changes in fuel consumption (e.g., increases due to running additional buses or savings in consumption relating to lower service levels than budgeted, or both); Page 573 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 23 of 25 (iii) costs associated with vehicle maintenance; (iv) costs associated with transit facilities; (v) costs resulting from existing contracts with expanded scope/new contracts; (vi) employee related costs (i.e., salaries, wages, benefits); (vii) costs for employee personal protection equipment (e.g., face masks, gloves, sanitizer); (viii) costs for signage and other means of communications related to the COVID-19 pandemic (e.g., social distance guidance); and (ix) any other operating cost the Recipient incurred as a result of the COVID-19 pandemic that, in the opinion of the Province, is considered eligible. Capital Costs (c) The following capital costs that, in the opinion of the Province, the Recipient properly and reasonably incurred and paid as a result of the COVID-19 pandemic, will be considered Eligible Expenditures: (i) costs associated with installing driver protection barriers and other protection measures for transit drivers; (ii) costs associated with providing passenger protection equipment and other passenger safety measures; and (iii) any other capital cost the Recipient incurred as a result of the COVID-19 pandemic that, in the opinion of the Province, is considered eligible. Priority Transit Initiatives (d) The following operating and capital costs incurred and paid that support priority transit initiatives: (i) Up to 50% of the total costs for initiatives that support a long-term vision for regional fare and service integration; (ii) Up to 50% of the total costs for On-Demand Transit studies and pilot initiatives; and Up to 50% of the total costs for expenses to support the transformation of transit structures/governance between neighbouring municipal governments, where the Province has been engaged in discussions. Page 574 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 24 of 25 C2.0 INELIGIBLE EXPENDITURES C2.1 Scope of Ineligible Expenditures. Unless a cost or a loss is considered an Eligible Expenditure pursuant to section C1.1 (Scope of Eligible Expenditures), such cost or loss will be considered an Ineligible Expenditure. Without limitation, the following costs and loss will be considered Ineligible Expenditures: (a) costs incurred outside of the Eligibility Period; (b) costs not paid prior to having been submitted to the Province for payment; (c) Recipient’s staff, including permanent and seasonal, salaries and travel costs unless otherwise indicated in paragraph (b)(vi) of section C1.1 (Scope of Eligible Expenditures); (d) legal, audit, or interest fees; (e) any operating or capital cost that, in the opinion of the Province, the Recipient could not have properly and reasonably incurred or paid, or both, during the Eligibility Period and as a result of the COVID-19 pandemic (i.e., excess purchases or stockpiling); (f) any loss that, in the opinion of the Province, the Recipient could not have properly and reasonably incurred during the Eligibility Period and as a result of the COVID-19 pandemic; (g) refundable Harmonized Sales Tax or other refundable expenses; and (h) any other cost which is not specifically listed as an Eligible Expenditure under section C1.1 (Scope of Eligible Expenditure) and which, in the opinion of the Province, is considered ineligible. Page 575 of 605 City of Niagara Falls and Ontario SRA PHASE 4 TPA Page 25 of 25 SCHEDULE “D” PAYMENT PROCEDURES D1.0 PAYMENT PROCEDURES D1.1 Submission of Claim for Payment and Required Documentation. In order to receive payment, the Recipient will have submitted all Reports, including, without limitation, its claim for payment, together with the supporting documentation set out in the Guidelines in accordance with the timelines required therein, or at a later date if, the Province consents to a later date in it’s sole and absolute discretion. D1.2 Claim Payments. Subject to the terms and conditions set out in the Agreement and the Guidelines and if due and owing under the Agreement, the Province will use its reasonable efforts to make the payment to the Recipient for the claim submitted pursuant to section D1.1 (Submission of Claim for Payment and Required Documentation) within 90 business days from the date the claim is approved and accepted by the Province. D1.3 No Interest. The Province will under no circumstances be liable for interest for failure to make a payment within the time limit provided for in section D1.2 (Claim Payments). D1.4 No Obligation to Pay. For greater clarity and without limitation to any other right of the Province, the Province will have no obligation to pay a claim if it does not meet the terms and conditions of the Agreement including, without limitation, or if the claim is missing any of the required supporting documentation, Reports or such documentation and Reports are not in accordance with the Guidelines or the Agreement, or both. D1.5. Lump Sum Payment. In accordance with the foregoing, all payment of the Funds to be provided by the Province to the Recipient pursuant to the Agreement shall be made in a single lump sum payment, as calculated in accordance with the terms in the Agreement and the Guidelines, up to the Maximum Funds. Page 576 of 605 CITY OF NIAGARA FALLS By-law No. 2023-012 A by-law to amend By-law No. 79-200, to permit the use of the lands for a detached dwelling (AM-2022-022). 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 two parcels, known as Parcels R1E-1190 and R1E-1191. 3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by this by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses shall be: (a) For Parcel R1E-1190, the uses permitted in the R1E zone. (b) For Parcel R1E-1191, the uses permitted in the R1E zone. 6. The regulations governing the permitted uses of R1E–1190 shall be: (a) Minimum lot area for a corner lot 435 square metres (b) Minimum exterior side yard width 2.8 metres, plus any applicable distance specified in Section 4.27.1 of Zoning By-law 79-200. (c) The balance of regulations specified for a R1E use. 7. The regulations governing the permitted uses of R1E-1191 shall be: (a) Minimum lot area for an interior lot 360 square metres (b) Minimum lot frontage for an interior lot 10.97 metres (c) The balance of regulations specified for a R1E use. Page 577 of 605 2 8. 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. 9. No person shall use the Lands for a use that is not a permitted use. 10. No person shall use the Lands in a manner that is contrary to the regulations. 11. The provisions of this by-law shall be shown on Sheet D4 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from R1C to R1E and numbered R1E-1190 and R1E-1191. 12. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1190 Refer to By-law No. 2023-012. 19.1.1191 Refer to By-law No. 2023-012. Read a First, Second and Third time; passed, signed and sealed in open Council this 28th day of February, 2023. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 578 of 605 Bea v e r d a m s R d Booth St10.29m 11. 2 3 m10.97m 10.97m 18.29m 22.8 6 m 3 2 . 9 7 m 3 2 . 9 9 m SCHEDULE 1 TO BY-LAW NO. 2023-012 Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2022\Schedule\Zoning\022\AM-2022-022.aprx ANTONIO GALLO 272509000504900 AM-2022-022 ¹ 2/7/2023 R1E-1190 R1E-1191 Description:LT 95 PL 87 STAMFORD EXCEPT PTS 1 & 2, 59R1805; CITY OF NIAGARA FALLS NTS R1E R1E 1191 1190 Page 579 of 605 CITY OF NIAGARA FALLS By-law No. 2023-013 A by-law to amend By-law No. 2022-088, which amended By-law No. 79-200, to remove the holding symbol (H) on the lands municipally known as 3770 Montrose Road to allow for the development of 26 semi-detached dwelling units, 109 townhouse dwelling units, and 140 apartment (stacked townhouse) dwelling units (AM-2022-002). WHEREAS By-law No. 2022-088 includes land use holding prohibitions that have the effect of zoning the lands R4(H)-1187; AND WHEREAS 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; AND WHEREAS the purpose of this by-law is to remove the land use holding prohibitions set out in By-law No. 2022-088 on the Lands, to have the effect of zoning the Lands R4-1187; AND WHEREAS the purpose of this by-law is to amend By-law No. 2022-088 such that the provisions of By-law No. 2022-088 concerning the permitted uses and governing regulations for the Lands will be of full force and effect from the date of this by-law; AND WHEREAS the Council of the City of Niagara Falls is satisfied that the purpose of the holding provisions of By-law No. 2022-088 with respect to the Lands, has been achieved and that the conditions required for the removal of the holding provisions of By-law No. 2022-088 for the Lands will or can be fulfilled; AND WHEREAS it is and has always been the intent of the Council of the City of Niagara Falls that the holding provisions of By-law No. 2022-088 would be removed and the permitted uses and regulations set out in the by-law would be implemented once the conditions set out in By-law No. 2022-088 had been fulfilled; AND WHEREAS the Council of the City of Niagara Falls is proceeding in accordance with subsection 36(4) of the Planning Act, R.S.O. 1990, c. P.13. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The holding provisions of By-law No. 2022-088 are hereby declared to be of no force and effect on the Lands. 2. The holding symbol (H) is hereby removed from the zoning designation of the Lands, as shown on Schedule 1. 3. The balance of By-law No. 2022-088 is hereby declared to be in full force and effect on the Lands. Read a First, Second and Third time; passed, signed and sealed in open Council this 28th day of February, 2023. ............................................................... ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2022\AM-2022-002 Montrose Road, 3770\Lift H\9 By-law\By-law lift H.docx Page 580 of 605 &&&&&&&&&&&&&&&&8.9m33.5m 46m89m 111.6m185m 208.2m248.1m Cambridge StQueenElizabethWyOxford St M o n a s t e r y D r Cardinal Dr RollingAcres Cr Trinity Ct Montrose RdWiltshire BvM o u nt C a r m e l B v Harvard AvValour CrPotterHtMcColl Dr St Au g u sti n e C r Cameron C tSouth Wood DrBernadette Cr Thorold Stone Rd SCHEDULE 1 TO BY-LAW NO. 2023- Subject Lands: Amending Zoning By-law No. 79-200 Applicant: Assessment #: K:\GIS_Requests\2022\Schedule\Zoning\002\Zoning_AM-2022-002.aprx Cassone Dwellings (BT) Inc. 272510000302801 AM-2022-002 ¹ 1/31/2023 Description:PCL 62-1 SEC 59-STAMFORD; PT TWP LT 71 AND PT TWP LT 62 STAMFORD PT 7, 59R7092; NIAGARA FALLS PIN: 64293-0406 (LT) R4 1187 Page 581 of 605 CITY OF NIAGARA FALLS By-law No. 2023-014 A by-law to exempt the property municipally known as 2700 Mewburn Road from the requirements for approval of condominium descriptions under Sections 51 and 51.1 of the Planning Act. WHEREAS Sections 9(3)(b) and 9(7) of the Condominium Act, 1998, provides that the approval authority may by by-law exempt a plan from the provisions of Sections 51 and 51.1 of the Planning Act; AND WHEREAS the property is subject to a registered site plan agreement (Instrument Nos. SN701176); AND WHEREAS all issues regarding development, servicing, grading, parking, landscaping and zoning compliance were reviewed at the time of Site Plan Approval; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The lands described as Part of Lot 35 Township of Stamford, being Part 1 on 59R13502; Niagara Falls; subject to an easement over Part 1 59R13502 as in SN710505; City of Niagara Falls are hereby exempt from the provisions of Sections 51 and 51.1 of the Planning Act in accordance with Sections 9(3)(b) and 9(7) of the Condominium Act, 1998. 2. This by-law shall be in effect for a period of three years from February 28, 2023. Read a First, Second and Third time; passed, signed and sealed in open Council this 28th day of February, 2023. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\SUBDIVIS\PCONDO\Mewburn, 2700 - 26CD-11-2022-007 Exemption\5. By-law\By-law - Exemption for 2700 Mewburn.docx Page 582 of 605 CITY OF NIAGARA FALLS By-law No. 2023 - 015 A by-law to declare Part PIN 64326-0135 (LT), Part Lane, Plan 997, Lying S of Leader Lane, N of Ferguson Street, E of Broughton Street and W of Hickson Avenue, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. WHEREAS City of Niagara Falls By-law No. 2003-16 governing the sale of land by the City of Niagara Falls provides that prior to selling any land, the Council of The Corporation of the City of Niagara Falls shall by by-law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls, at its meeting of February 7, 2023, adopted the Recommendations of Council Report L-2023-04, to permanently close and declare surplus Part PIN 64326-0135 (LT), Part Lane, Plan 997, Lying S of Leader Lane, N of Ferguson Street, E of Broughton Street and W of Hickson Avenue; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part PIN 64326-0135 (LT), Part Lane, Plan 997, Lying S of Leader Lane, N of Ferguson Street, E of Broughton Street and W of Hickson Avenue , in the City of Niagara Falls, in the Regional Municipality of Niagara, hereby declared surplus. 2. The Mayor and Acting City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a First, Second and Third time; passed, signed, and sealed in open Council this 28th day of February, 2023. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 583 of 605 CITY OF NIAGARA FALLS By-law No. 2023 - 016 A by-law to permanently close part of a highway. WHEREAS Section 34 of the Municipal Act, provides, in part, that the Council of every municipality may pass by-laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part Lane, Plan 997, Lying S of Leader Lane, N of Ferguson Street, E of B roughton Street and W of Hickson Avenue, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 2. The Mayor and City Clerk and City Solicitor are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by-law and the City Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Read a First, Second and Third time; passed, signed, and sealed in open Council this 28th day of February, 2023. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 584 of 605 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2023 – 017 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Limited Parking, Loading Zones, Parking Prohibited, Metered Parking Queen Street BIA) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended: (a) by removing from the specified columns of Schedule E thereto the following items: LIMITED PARKING COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS COLUMN 5 MAXIMUM PERIOD PERMITTED Crysler Avenue West Park St. and Huron St. 9:00 a.m. to 5:00 p.m. Mon. to Fri. Excluding Hol. 90 minutes No re-parking within 4 hours of initial parking in downtown zone Queen St. North A point 22 m east of Crysler Ave. and a point 29 m east of Crysler Ave. 9:00 a.m.to 5:00 p.m. Mon. to Fri. Excluding Hol. 15 minutes No re-parking within 4 hours of initial parking In downtown zone Page 585 of 605 (b) by adding to the specified columns of Schedule E thereto the following items: LIMITED PARKING COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS COLUMN 5 MAXIMUM PERIOD PERMITTED Crysler Avenue West Park Street and Queen Street 9:00 a.m. to 5:00 p.m. Monday to Friday. Excluding Holidays 90 minutes No re-parking within 4 hours of initial parking In downtown zone Crysler Avenue West A point 52 metres south of Queen Street and a point 85 metres south of Queen Street 9:00 a.m. to 5:00 p.m. Monday to Friday. Excluding Holidays 90 minutes No re-parking within 4 hours of initial parking In downtown zone Queen Street South A point 8 metres west of Crysler Avenue and a point 16 metres west of Crysler Avenue Daily 15 minutes Queen Street North A point 10 metres east of Crysler Avenue and a point 17 metres east of Crysler Avenue Daily 15 minutes (c) by adding to the specified columns of Schedule M thereto the following item: LOADING ZONES COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Crysler Avenue West A point 15 metres south of Queen Street a At All Times Point 25 metres south of Queen Street Page 586 of 605 (d) by removing from the specified columns of Schedule G2 thereto the following items: METERED PARKING QUEEN STREET BIA COLUMN 1 LOCATION COLUMN 2 AREA COLUMN 3 FROM COLUMN 4 TO Queen St. Queen St. North North A point 21.5 m west of Ontario Ave. A point 22 m east of Crysler Ave. A point 29 m east of Crysler Ave. A point 30 m east of St. Lawrence Ave. (e) by adding to the specified columns of Schedule G2 thereto the following items: METERED PARKING QUEEN STREET BIA COLUMN 1 LOCATION COLUMN 2 AREA COLUMN 3 FROM COLUMN 4 TO Queen Street Queen Street North North A point 21.5 metres west of Ontario Avenue Crysler Avenue A point 17 metres east of Crysler Avenue a point 30 metres east of St. Lawrence Avenue (f) by removing from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Crysler Ave. West A point 52 m south of Queen St. and a point At All Times 60 south of Queen St. Except By Permit (g) by adding to the specified columns of Schedule G2 thereto the following item: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Crysler Avenue West A point 85 metres south of Queen Street At All Times And Huron Street Crysler Avenue West Queen Stret and a point 15 metres south At All Times Of Queen Street Queen Street South Crysler Avenue and a point 8 metres west At All Times Page 587 of 605 Of Crysler Avenue Queen Street North Crysler Avenue and a point 10 metres east Of Crysler Avenue This By-law shall come into force when the appropriate signs are installed. Passed this twenty-eighth day of February, 2023. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 28, 2023 Second Reading: February 28, 2023 Third Reading: February 28, 2023 Page 588 of 605 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2023 – 018 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Meter Zones, Stopping Prohibited, Standing Prohibited, Loading Zones) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended: (a) by adding to the specified columns of Schedule G thereto the following items: PARKING METER ZONES COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 FEES COLUMN 5 MAXIMUM HOURS COLUMN 6 TIMES/DAYS Fallsview Boulevard East A point 17 meters North of Dixon Street and a point 58 metres north of Dixon Street Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app 6:00 a.m. to 3:00 a.m. Daily Page 589 of 605 (b) by removing from the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Fallsview Blvd. East Main St./Portage Rd. and a point 38 m north At All Times Of Dixon St. Tow Away Zone Fallsview Blvd. East A point 38 m north of Dixon St. and a point At All Times 50 m north of Dixon St. Tow Away Zone Fallsview Blvd. East A point 50 m north of Dixon St. and At All Times Murray St. Tow Away Zone (c) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Fallsview Boulevard East Main Street/Portage Road and a point At All Times 17 metres north of Dixon Street Tow Away Zone Fallsview Boulevard East A point 110 metres north of Dixon Street At All Times And Murray Street Tow Away Zone (d) by adding to the specified columns of Schedule B thereto the following item: STANDING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Fallsview Boulevard East A point 70 metres north of Dixon Street At All Times And a point 110 metres north of Dixon Tow Away Zone Street (e) by removing from the specified columns of Schedule M thereto the following item: LOADING ZONES COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Fallsview Blvd. East A point 38 m north of Dixon St. and a At All Times point 50 m north of Dixon St. Tow Away Zone Page 590 of 605 (f) by adding to specified columns of Schedule M thereto the following item: LOADING ZONES COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Fallsview Boulevard East A point 58 metres north of Dixon Street and a At All Times point 70 metres north of Dixon Street Tow Away Zone This By-law shall come into force when the appropriate signs are installed. Passed this twenty-eighth day of February, 2023. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 28, 2023 Second Reading: February 28, 2023 Third Reading: February 28, 2023 Page 591 of 605 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2023 - 019 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Pedestrian Crossovers, Stopping Prohibited) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by adding to the specified columns of Schedule AB thereto the following item: PEDESTRIAN CROSSOVERS COLUMN 1 HIGHWAY COLUMN 2 LOCATION Simcoe Street at Buckley Avenue, east side of the intersection (b) By removing from the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Simcoe St. South A point 48 m east of Victoria Ave. and a point 35 m west of St. Lawrence Ave. 8:00 a.m. to 4:30 p.m. Mon. to Fri. Page 592 of 605 (c) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Simcoe St. South A point 48 m east of Victoria Ave. and a point 15 m west of Buckley Avenue 8:00 a.m. to 4:30 p.m. Mon. to Fri. Simcoe St. South A point 13 m east of Buckley Avenue and a point 35 m west of St. Lawrence Ave. 8:00 a.m. to 4:30 p.m. Mon. to Fri. Simcoe St. South a point 15 m west of Buckley Avenue and a point 13 m east of Buckley Avenue At All Times Simcoe St. North a point 10 m west of Buckley Avenue and a point 13 m east of Buckley Avenue At All Times This By-law shall come into force when the appropriate signs are installed. Passed this twenty-eighth day of February, 2023. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 28, 2023 Second Reading: February 28, 2023 Third Reading: February 28, 2023 Page 593 of 605 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2023 – 020 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Administrative Monetary Penalties) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 2015-65, the City of Niagara Falls Administrative Penalty By-Law Designated By-Law Provisions – Traffic By-Law No. 89-2000, as amended, is hereby further amended: (a) By removing from the specified columns of schedule A there to the following items: ADMINISTRATIVE MONETARY PENALTIES ITEM COLUMN 1 Designated Provisions COLUMN 2 Short Form Wording COLUMN 3 Administrative Penalty 89-2000 201.01 (STOP/STAND/PARK) FACING WRONG WAY $30 89-2000 201.02 (STOP/STAND/PARK) TOO FAR FROM EDGE OF ROAD/CURB $30 89-2000 201.03 (STOP/STAND/PARK) TOO FAR FROM EDGE OF SHOULDER $60 89-2000 201.04 (STOP/STAND/PARK) FACING WRONG WAY ON THE LEFT SIDE OF A ONE-WAY HIGHWAY $60 89-2000 201.05 (STOP/STAND/PARK) TOO FAR FROM LEFT EDGE/CURB OF A ONE WAY HIGHWAY $30 89-2000 201.06 (STOP/STAND/PARK) TOO FAR FROM LEFT SHOULDER EDGE OF A ONE-WAY HIGHWAY $30 89-2000 201.07 (STOP/STAND/PARK) CONTRARY TO DESIGNATEDANGLE $30 Page 594 of 605 89-2000 201.08 (STOP/STAND/PARK) NOT WITHIN DESIGNATED SPACE $30 89-2000 201.09 (STOPPING/STANDING/PARKING) ON ROADWAYSIDE OF OTHER VEHICLE $60 89-2000 202.02 PARK REPEATEDLY (AT/NEAR) ONE LOCATION $30 89-2000 202.03 (STOP/STAND/PARK)A LARGE MOTOR VEHICLE IN A RESIDENTIAL AREA $60 89-2000 203.01 STOP ON/OVER/PARTLY ON SIDEWALK $60 89-2000 203.01 STOP WITHIN AN INTERSECTION $60 89-2000 203.01 STOP ON OR BESIDE A MEDIAN $60 89-2000 203.01 STOP ADJACENT TO OBSTRUCTION SO AS TO IMPEDE TRAFFIC $60 89-2000 203.01 STOP WITHIN A CROSSWALK $60 89-2000 203.01 STOP ON/IN OR WITHIN 30M OFBRIDGE/STRUCTURE/TUNNEL $60 89-2000 203.01.06 PARK ON BOULEVARD WHERE PROHIBITED $30 89-2000 203.03 STOP WHERE PROHIBITED BY SIGN $60 89-2000 204.01 STAND NEAR DESIGNATED BUS STOP $60 89-2000 204.02 STAND WHERE PROHIBITED BY SIGN $60 89-2000 205.01 PARK SO AS TO OBSTRUCT VEHICLE IN USE OF LANEWAY OR DRIVEWAY $30 89-2000 205.01 PARK ON A DRIVEWAY TOO CLOSE/ON SIDEWALK OR EDGE OF ROADWAY $30 89-2000 205.01 PARK FOR SERVICING OTHER THAN EMERGENCY $30 89-2000 205.01 PARK WITHIN 10M OF AN INTERSECTION $30 89-2000 205.01 PARK WITHIN 3M OF A FIRE HYDRANT $60 89-2000 205.01 PARK FOR MORE THAN 12 HOURS $30 89-2000 205.01 PARK ON AN INNER BOULEVARD $30 89-2000 205.01 PARK IN FRONT OF OR WITHIN 1.5M OF LANEWAY,DRIVEWAY OR CURB CUT/DEPRESSED CURB $30 89-2000 205.01 PARK BETWEEN THE HOURS OF 2:00 A.M. AND 6:00 A.M. $30 89-2000 205.01 PARK FOR DISPLAY OF SALE OR LEASE OF VEHICLE $30 89-2000 205.01.03 PARK ON BOULEVARD $30 89-2000 205.01.12 PARK A HEAVY VEHICLE BETWEEN THE HOURS OF 2:00 & 6:00 A.M. $90 89-2000 205.01.13 PARK A HEAVY VEHICLE ON A BOULEVARD $90 89-2000 205.02.09 PARK IN A CUL-DE-SAC $30 89-2000 205.03 PARK WHERE PROHIBITED BY SIGN $30 89-2000 205.04 PARK TRAILER/COMMERCIAL VEHICLE WHEREPROHIBITED BY SIGN $30 89-2000 207.01 PARK OVER TIME LIMIT WHERE PROHIBITEDBY SIGN $30 Page 595 of 605 89-2000 209.01 PARK NOT ADJACENT TO METER $30 89-2000 209.01.03 ANGLE PARK AT METER - WRONG DIRECTION $30 89-2000 209.02 PARKED OUTSIDE METERED SPACE $30 89-2000 209.03 PARK IN OCCUPIED METER SPACE $30 89-2000 209.03 PARK AT COVERED METER $30 89-2000 209.05 DEPOSIT UNLAWFUL COIN IN PARKING METER $30 89-2000 209.06.01 RCP USAGE $0 89-2000 209.06.01 PARK OVER TIME LIMIT - METERED ZONE $25 89-2000 209.06.02 PARK AT EXPIRED METER $25 89-2000 209.06.03 PARK AT EXPIRED METER DESIGNATED STREETS $15 89-2000 209.1 (STOP/STAND/PARK) TAXI CAB IN METERED PARKING SPACE $30 89-2000 301.02 PARK WHERE PROHIBITED - PUBLIC VEHICLE PARKING ZONE $30 89-2000 301.03 STAND WHERE PROHIBITED - PUBLIC VEHICLE BUS STOP $60 89-2000 303.03 STOP A MOBILE CANTEEN WHERE PROHIBITED $60 89-2000 304.01 STAND AT A TAXI STAND $50 89-2000 305.01 STOP TO (LOAD/UNLOAD) WHERE PROHIBITED $60 89-2000 305.02 STOP IN LOADING ZONE $60 (b) By adding to the specified columns of schedule A there to the following items: ITEM COLUMN 1 Designated Provisions COLUMN 2 Short Form Wording COLUMN 3 Administrative Penalty 89-2000 201.01 (STOP/STAND/PARK) FACING WRONG WAY $33 89-2000 201.02 (STOP/STAND/PARK) TOO FAR FROM EDGE OF ROAD/CURB $33 89-2000 201.03 (STOP/STAND/PARK) TOO FAR FROM EDGE OF SHOULDER $66 89-2000 201.04 (STOP/STAND/PARK) FACING WRONG WAY ON THE LEFT SIDE OF A ONE-WAY HIGHWAY $66 89-2000 201.05 (STOP/STAND/PARK) TOO FAR FROM LEFT EDGE/CURB OF A ONE WAY HIGHWAY $33 89-2000 201.06 (STOP/STAND/PARK) TOO FAR FROM LEFT SHOULDER EDGE OF A ONE-WAY HIGHWAY $33 89-2000 201.07 (STOP/STAND/PARK) CONTRARY TO DESIGNATEDANGLE $33 89-2000 201.08 (STOP/STAND/PARK) NOT WITHIN DESIGNATED SPACE $33 89-2000 201.09 (STOPPING/STANDING/PARKING) ON ROADWAYSIDE OF OTHER VEHICLE $66 Page 596 of 605 89-2000 202.02 PARK REPEATEDLY (AT/NEAR) ONE LOCATION $33 89-2000 202.03 (STOP/STAND/PARK)A LARGE MOTOR VEHICLE IN A RESIDENTIAL AREA $66 89-2000 203.01 STOP ON/OVER/PARTLY ON SIDEWALK $66 89-2000 203.01 STOP WITHIN AN INTERSECTION $66 89-2000 203.01 STOP ON OR BESIDE A MEDIAN $66 89-2000 203.01 STOP ADJACENT TO OBSTRUCTION SO AS TO IMPEDE TRAFFIC $66 89-2000 203.01 STOP WITHIN A CROSSWALK $66 89-2000 203.01 STOP ON/IN OR WITHIN 30M OFBRIDGE/STRUCTURE/TUNNEL $66 89-2000 203.01.06 PARK ON BOULEVARD WHERE PROHIBITED $33 89-2000 203.03 STOP WHERE PROHIBITED BY SIGN $66 89-2000 204.01 STAND NEAR DESIGNATED BUS STOP $66 89-2000 204.02 STAND WHERE PROHIBITED BY SIGN $66 89-2000 205.01 PARK SO AS TO OBSTRUCT VEHICLE IN USE OF LANEWAY OR DRIVEWAY $33 89-2000 205.01 PARK ON A DRIVEWAY TOO CLOSE/ON SIDEWALK OR EDGE OF ROADWAY $33 89-2000 205.01 PARK FOR SERVICING OTHER THAN EMERGENCY $33 89-2000 205.01 PARK WITHIN 10M OF AN INTERSECTION $33 89-2000 205.01 PARK WITHIN 3M OF A FIRE HYDRANT $66 89-2000 205.01 PARK FOR MORE THAN 12 HOURS $33 89-2000 205.01 PARK ON AN INNER BOULEVARD $33 89-2000 205.01 PARK IN FRONT OF OR WITHIN 1.5M OF LANEWAY,DRIVEWAY OR CURB CUT/DEPRESSED CURB $33 89-2000 205.01 PARK BETWEEN THE HOURS OF 2:00 A.M. AND 6:00 A.M. $33 89-2000 205.01 PARK FOR DISPLAY OF SALE OR LEASE OF VEHICLE $33 89-2000 205.01.03 PARK ON BOULEVARD $33 89-2000 205.01.12 PARK A HEAVY VEHICLE BETWEEN THE HOURS OF 2:00 & 6:00 A.M. $99 89-2000 205.01.13 PARK A HEAVY VEHICLE ON A BOULEVARD $99 89-2000 205.02.09 PARK IN A CUL-DE-SAC $33 89-2000 205.03 PARK WHERE PROHIBITED BY SIGN $33 89-2000 205.04 PARK TRAILER/COMMERCIAL VEHICLE WHEREPROHIBITED BY SIGN $33 89-2000 207.01 PARK OVER TIME LIMIT WHERE PROHIBITEDBY SIGN $33 89-2000 209.01 PARK NOT ADJACENT TO METER $33 89-2000 209.01.03 ANGLE PARK AT METER - WRONG DIRECTION $33 Page 597 of 605 89-2000 209.02 PARKED OUTSIDE METERED SPACE $33 89-2000 209.03 PARK IN OCCUPIED METER SPACE $33 89-2000 209.03 PARK AT COVERED METER $33 89-2000 209.05 DEPOSIT UNLAWFUL COIN IN PARKING METER $33 89-2000 209.06.01 RCP USAGE $0 89-2000 209.06.01 PARK OVER TIME LIMIT - METERED ZONE $28 89-2000 209.06.02 PARK AT EXPIRED METER $28 89-2000 209.1 (STOP/STAND/PARK) TAXI CAB IN METERED PARKING SPACE $33 89-2000 301.02 PARK WHERE PROHIBITED - PUBLIC VEHICLE PARKING ZONE $33 89-2000 301.03 STAND WHERE PROHIBITED - PUBLIC VEHICLE BUS STOP $66 89-2000 303.03 STOP A MOBILE CANTEEN WHERE PROHIBITED $66 89-2000 304.01 STAND AT A TAXI STAND $55 89-2000 305.01 STOP TO (LOAD/UNLOAD) WHERE PROHIBITED $66 89-2000 305.02 STOP IN LOADING ZONE $66 This By-Law shall come into effect on April 2, 2023. Passed this twenty-eighth day of February, 2023. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 28, 2023 Second Reading: February 28, 2023 Third Reading: February 28, 2023 Page 598 of 605 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2023 – 021 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Meter Zones, Metered Parking Queen St. BIA, Metered Parking Main Street BIA, Metered Parking Chippawa) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended: (a) by removing from By-Law No. 89-2000, A By-Law Regulating Parking and Traffic on City Roads, Schedule G2 Metered Parking Queen St. BIA in its entirety. (b) by removing from By-Law No. 89-2000, A By-Law Regulating Parking and Traffic on City Roads, Schedule G3 Metered Parking Main Street BIA in its entirety. (c) by removing from By-Law No. 89-2000, A By-Law Regulating Parking and Traffic on City Roads, Schedule G4 Metered Parking Chippawa in its entirety. (d) by removing Section 209.06.03 from By-Law 89-2000, A By-Law Regulating Parking and Traffic on City Roads. Page 599 of 605 (e) By adding to the specified columns of schedule G there to the following items: PARKING METER ZONES COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 FEES COLUMN 5 MAXIMUM HOURS COLUMN 6 TIMES/DAYS Park Street Park Street Queen Street Queen Street Queen Street Queen Street Queen Street North South North North North North North The northeast corner of Zimmerman Avenue and the northeast corner of Victoria Avenue The southeast corner of Zimmerman Avenue and the southeast corner of Victoria Avenue The northeast corner of Zimmerman Avenue and a point 11 metres west of Erie Avenue A point 18 metres west of Erie Avenue and a point 14.5 metres west of Ontario Avenue A point 21.5 metres west of Ontario Avenue and a point 29 metres east of Crysler Avenue A point 22 metres east of Crysler Avenue and a point 30 metres east of St. Lawrence Avenue A point 23 metres east of St. Lawrence Avenue and a point 14.5 metres west of St. Lawrence Avenue Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily Page 600 of 605 Queen Street Queen Street Huron Street Huron Street Valley Way Valley Way Buckley Avenue Buckley Avenue North South North South South North West East A point 21.5 metres west of St. Lawrence Avenue and the northeast corner of Victoria Avenue The southeast corner of Zimmerman Avenue and the southeast corner of Victoria Avenue The northeast corner of Ontario Avenue and the northeast corner of Valley Way The southeast corner of Ontario Avenue and the southeast corner of Valley Way The southeast corner of Victoria Avenue and the southeast corner of Queen Street The northeast corner of Victoria Avenue and the southwest corner of Queen Street The southwest corner of Huron Street and the southwest corner of Park Street The southeast corner of Huron Street and the southeast corner of Park Street Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily Page 601 of 605 St. Lawrence Avenue St. Lawrence Avenue Crysler Avenue Crysler Avenue St. Clair Avenue St. Clair Avenue Ontario Avenue Ontario Avenue Erie Avenue West East West East West East West East West The southwest corner of Huron Street and the southwest corner of Park Street The southeast corner of Huron Street and the southeast corner of Park Street The southwest corner of Huron Street and the northwest corner of Park Street The southeast corner of Huron Street and the northeast corner of Park Street The southwest corner of Huron Street and the southwest corner of Park Street The southeast corner of Huron Street and the southeast corner of Park Street The southwest corner of Huron Street and the southwest corner of Park Street The southeast corner of Huron Street and the southeast corner of Park Street The southwest corner of Queen Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Page 602 of 605 Erie Avenue Main Street Main Street Peer Street Peer Street Sylvia Place Sylvia Place Portage Road East West East North South West East West Street and the northwest corner of Park Street The southeast corner of Queen Street and the northeast corner of Park Street The southwest corner of Summer Street and the southwest corner of Culp Street The southeast corner of Lundy’s Lane and the northeast corner of Robinson Street The northeast corner of Main Street and the northwest corner of Sylvia Place The southeast corner of Main Street and a point on the south side of Peer Street due south of the northwest corner of Sylvia Place The northwest corner of Peer Street and the southwest corner of Lundy’s Lane The northeast corner of Peer Street and the northeast corner of Ferry Street The northwest corner of Bridgewater Street Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily Page 603 of 605 Portage Road Main Street Cummington Square Cummington Square East South West East and the northwest corner of Main Street The northeast corner of Bridgewater Street and the northeast corner of Main Street Southeast corner of Willoughby Drive and the southwest corner of Niagara Street The northwest corner of Bridgewater Street and the northwest corner of Main Street The northeast corner of Bridgewater Street and the northeast corner of Main Street Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily 6:00 a.m. to 3:00 a.m. Daily This By-law shall come into force immediately following approval. Passed this twenty-eighth day of February, 2023. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 28, 2023 Second Reading: February 28, 2023 Third Reading: February 28, 2023 Page 604 of 605 CITY OF NIAGARA FALLS By-law No. 2023 – 022 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28th day of February, 2023. 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 28th day of February, 2023 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 28th day of February, 2023. .............................................................. ............................................................. BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 605 of 605