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08-15-2023
AGENDA City Council Meeting 1:00 PM - Tuesday, August 15, 2023 Council Chambers/Zoom App. All Council Meetings are now open to the public in person, in Council Chambers or watched virtually. All electronic meetings can be viewed on this page, the City of Niagara Falls YouTube channel, the City of Niagara Falls Facebook page, along with YourTV Niagara. Page 1. CALL TO ORDER O Canada: Sandy Bird (performing live in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 2. IN CAMERA SESSION OF COUNCIL 2.1. Resolution to go In-Camera August 15, 2023 - Resolution to go In-Camera 17 3. ADOPTION OF MINUTES 3.1. Council Minutes of July 11, 2023 DRAFT - City Council - 11 Jul 2023 - Minutes - Pdf 18 - 33 4. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 5. MAYOR'S REPORTS, ANNOUNCEMENTS 6. DEPUTATIONS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 6.1. By-law 2023-78 (NEW) Rocky Vacca of Sullivan Mahoney Mr. Vacca is requesting to appear as a delegation to speak in regards to By-law 2023-078 - A by-law to amend By-law No. 79- 34 - 40 Page 1 of 457 200, to regulate the McLeod Meadows plan of subdivision on the lands subject to the removal of a Holding (H) symbol (AM-2023- 007). By-law 2023-078 7. PLANNING MATTERS 7.1. PBD-2023-46 (Comments added, Presentation updated) AM-2023-009, Zoning By-law Amendment 5705 Buchanan Avenue Proposal: To permit the existing 3-unit dwelling and add vacation rental units as a permitted use. Applicant: Vikrampal Moomie & Baljit Moomie Agent: Aaron Butler (NPG Planning Solutions) Scott Turnbull, Planner 1, will provide an overview of Report PBD-2023-46. Max Fedchyshak and Aaron Butler, from NPG Planning Solutions, will be making the presentation on behalf of the applicant. PBD-2023-46 - Pdf Presentation (Staff) - Public Meeting - AM-2023-009 Presentation (Agent) - 5705 Buchanan Public Meeting Comments - Concerns on behalf of St. Ann Parish Comments from resident (Loretta Burns) Comments from Resident #7.1 41 - 70 7.2. PBD-2023-47 Employment Lands Conversion: Official Plan Amendment No. 157 (Fraser Street, west of Stanley Avenue and lands east of Fourth Avenue, north of Hamilton Street) Brian Dick, Senior Manager of Policy Planning, will provide an overview of Report PBD-2023-47. The following intend on speaking to the matter: • Mark Mihalkoff (from Oleo Energies Inc.) • Mike Cushman 71 - 98 Page 2 of 457 • Chris Frail PBD-2023-47 - Pdf Presentation - PBD-2023-47 Employment Lands Conversion Comments fr. Daniele Cudizio, OLEO Energies Inc - OPA 157 Comments from Resident #7.2 8. REPORTS 8.1. F-2023-22 2022 Parking Fund Budget to Actual Variance (Unaudited) F-2023-22 - Pdf 99 - 102 8.2. F-2023-24 - 2023 Capital Project Closing Report (NEW) F-2023-24 - 2023 Capital Project Closing Report - Pdf 103 - 115 8.3. F-2023-25 2022 Development Charges Treasurer's Statement F-2023-25 - 2022 Development Charges Treasurer's Statement - Pdf 116 - 119 8.4. F-2023-26 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 F-2023-26 - Pdf 120 - 122 8.5. PBD-2023-51 AM-2023-002 Minor Change to Zoning By-law Application Grand Niagara Draft Plan of Subdivision 8218, 8228, and 8547 Grassy Brook Road Applicant: Empire (Grand Niagara) Project GP Inc. Agent: Armstrong Planning I Project Management PBD-2023-051 - Pdf 123 - 131 8.6. PBD-2023-52 132 - 136 Page 3 of 457 AM-2021-010 Official Plan and Zoning By-law Amendment Minor Change to Proposed Zoning By-law Applicant: 2683421 Ontario Limited Agent: Zelinka Priamo Ltd. (Rob McFarlane) PBD-2023-52 - Pdf 9. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. 9.1. F-2023-16 - 2021 (unaudited) Budget to Actual Variance Report - Tax Levy Supported Operating Fund (NEW) F-2023-16 - Pdf 137 - 150 9.2. Matters Arising from the Municipal Heritage Committee Removal of 6270 Dunn Street from the Municipal Register of Heritage Properties PBD-2023-50 - Pdf 151 - 153 9.3. MW-2023-24 Parking Control Review - Victoria Avenue, Morrison Street, and Simcoe Street MW-2023-24 - Pdf 154 - 156 9.4. MW-2023-25 Extension and New Contract Agreement with the Canadian Corp of Commissionaires for Parking Enforcement Services MW-2023-25 - Pdf 157 - 160 9.5. MW-2023-26 Proposed Community Safety Zones 161 - 167 Page 4 of 457 MW-2023-26 - Pdf 9.6. PBD-2023-49 Matters Arising from the Municipal Heritage Committee Proposed Exterior restoration of the VIA Station, 4267 Bridge Street and Proposed exterior restoration of the former Carnegie Library 5017 Victoria Avenue PBD-2023-49 - Pdf 168 - 176 9.7. PBD-2023-50 Matters Arising from the Municipal Heritage Committee Removal of 6270 Dunn Street from the Municipal Register of Heritage Properties PBD-2023-50 - Pdf 177 - 179 9.8. R&C-2023-11 2023 Sports Wall of Fame Inductees R&C-2023-11 - Pdf 180 - 183 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Communications section of the agenda is a set of items listed as correspondence to Council that could be approved in one motion of Council. If Staff feel that more than one recommendation is required, the listed communications items will be grouped accordingly. The single motion per recommendation, if required, will save time. Prior to any motion being taken, a Councillor may request that one or more of the items be lifted for discussion and considered separately. RECOMMENDATION: THAT Council approve/support Item #10.1 through to and including Item #10.7. 10.1. Niagara Escarpment Biosphere Network (NEBN) Attached is correspondence from Walter Sendzik, Niagara Escarpment Biosphere Network (NEBN) Chair, asking Council to support this newly established organization. Recommendation: For the Support of Council. 184 - 188 Page 5 of 457 NEBN Correspondence NEBN Backgrounder FAQ NEBN sample resolution 10.2. Proclamation and Illumination Request - Arthritis Awareness Month - September 2023 The Arthritis Society is requesting that Council proclaim the month of September 2023 as Arthritis Awareness Month and approve Niagara Falls City Hall to be lit up in blue on Thursday, October 12, 2023 in support of World Arthritis Day. Recommendation: For the Approval of Council. Proclamation and Illumination Request - Arthritis Awareness Month 189 10.3. Proclamation Request - Child Care Worker & Early Childhood Educator Appreciation Day The Ontario Coalition for Better Child Care is requesting Council proclaim and participate in Child Care Worker & Early Childhood Educator Appreciation Day on Tuesday, October 17, 2023. This day recognizes the commitment, skills and hard work of Early Childhood Educators (ECEs) and staff who work with young children. Recommendation: For the Approval of Council. Proclamation Request - CCWAD_Letter_Municipal_Sponsorship_final_2023_final CCWAD_Celebration_Tips_2023_final CCWAD_Sample_Proclamation_2023_final 190 - 195 10.4. Proclamation Request - Pitt Hopkin's Syndrome Local residents, whose 6 year old son has bee diagnosed with this rare genetic disorder, are requesting Council proclaim Monday, September 18, 2023 as "Pitt Hopkin's Syndrome Awareness Day." Pitt Hopkin's syndrome is a very rare genetic disorder involving 1000 children worldwide. September 18th is proclaimed as Pitt Hopkin’s Syndrome awareness day at an International level. The purpose of this proclamation is to create awareness about this rare genetic disorder to make community more inclusive towards these children. 196 - 197 Page 6 of 457 Recommendation: For the Approval of Council. Proclamation Request - Pitt Hopkin’s Syndrome 10.5. Flag-Raising Request - Childhood Cancer Awareness Month The Bauer family is requesting Council approve a flag -raising for Childhood Cancer Awareness Month for Thursday, August 31, 2023 or a time available in September of 2023. Recommendation: For the Approval of Council. Flag-Raising Request - Childhood Cancer Awareness Month 198 10.6. Proclamation Request - International Overdose Awareness Day Please see the attached as a request for a Mayoral Proclamation in honour of International Overdose Awareness Day, which is held August 31st worldwide. Positive Living Niagara is requesting Council proclaim Thursday, August 31st, 2023 as "Overdose Awareness Day." NF Proclamation -International Overdose Awareness Day 199 10.7. Proclamation Request - Rail Safety Week - 2023 Rail Safety Week will be held in Canada and the United States from September 18-24, 2023. This is an opportunity for us all to educate the public on rail safety. As such, CN is requesting Council proclaim September 18-24, 2023 as "Rail Safety Week." Recommendation: For the Approval of Council. Proclamation Request - Rail Safety Week 2023 200 - 201 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive and file for information Item #11.1 through to and including Item #11.15. 11.1. Our CN In Your Community - Report CN is committed to contribute to our shared future, from community safety and environmental efforts to local initiatives and partnerships. Learn more in our 2023 CN In Your Community report, which is now offered digitally in line with our goal to reduce our impact on the environment. 202 Page 7 of 457 Recommendation: For the Information of Council. CN In Your Community 11.2. Plant Based Treaty Attached is information pertaining to the Plant Based Treaty provided by supporter of cause. Recommendation: For the Information of Council. Plant Based Treaty 203 - 204 11.3. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following matters: 1. Niagara Region Report PDS 22-2023 - Proposed Provincial Planning Statement - Natural Heritage Policies. Recommendation: For the Information of Council. CLK-C 2023-081 PDS 22-2023 - Proposed Provincial Planning Statement – Natural Heritage Policies 205 - 209 11.4. Resolution - Town of Fort Erie - Ford-Woodbine's Race Stay Program Attached is a resolution passed by the Municipal Council of the Town of Fort Erie at its meeting of June 26, 2023 regarding the impact on Woodbine's Race and Stay Program on the Fort Erie Race Track. Recommendation: For the Information of Council. Resolution - Town of Fort Erie - Ford-Woodbine's Race Stay Program 210 - 212 11.5. Resolution - Municipality of Grey Highlands Attached is a resolution that was passed at the June 21, 2023 meeting of the Council of the Municipality of Grey Highlands, in regards to mandating school bus stop arm cameras. Recommendation: For the Information of Council. Resolution - Municipality of Grey Highlands - School Bus Arms 213 Page 8 of 457 11.6. Resolutions - Niagara Peninsula Conservation Authority (NPCA) At the July 21, 2023 meeting, the Board of Directors of the NPCA adopted the attached 2 resolutions. Recommendation: For the Information of Council. Report FA-31-23_NPCAComments on Proposed Provincial Planning Statement_ July 2023 Report FA-34-23 Canada water Agency and Canada-United States Great Lakes Funding Opportunities__ July 2023 214 - 243 11.7. Resolution - City of Woodstock - Homelessness Crisis and Opioid Crisis Attached is a resolution passed at the City of Woodstock's City Council meeting of July 13, 2023, pertaining to the homelessness and opioid crisis. Recommendation: For the Information of Council. Resolution - City of Woodstock - oxford county - Homelessness - opioid crisis 244 - 245 11.8. Correspondence from the City of Toronto - Planning & Housing Committee - City Comments on the Proposed Provincial Planning Statement City of Toronto City Council on June 14 and 15, 2023 considered Item PH4.8 and the copy is attached for reference. Recommendation: For the Information of Council. City of Toronto - Planning & Housing Committee PH4.8 - Ontario Municipalities City of Toronto - PH4.8 - Item Extract 246 - 256 11.9. Motion - Social Issues Resident Steven Soos provided a suggested motion to Council that Staff revised for Council to receive for information pertaining to social issues. Recommendation: THAT Council receive for information purposes. 257 - 264 Page 9 of 457 City of Niagara Falls Motion regarding State of Emergency on Mental Health Steven Soos - original motion on Social Issues Effecting Niagara Falls 11.10. Strong Mayor's Act - Summary of changes Attached is a summary reviewing the changes in legislation regarding the Strong Mayor's Act. Recommendation: For the information of Council. Strong Mayors Act Summary Ottawa- Mayoral Decision- ByLaw Approval Example 265 - 269 11.11. Memo - Status of Application - AM-2022-017 - Zoning By-law Amendment - Kevin Dilts On July 11, 2023, Council held a public meeting to consider a zoning by-law amendment, to rezone a parcel of land from Open Space to Rural Agriculture (per Zoning By-law 1538, 1958) that would permit the construction of a detached dwelling. Recommendation: For the information of Council. Memo-Status of Application, AM-2022-017, Zoning By-law Amendment, Kevin Dilts 270 11.12. Memo - MacBain Community Centre (MCC) Hours August 15, 2023 In order to continue to expand and meet the needs of the community, including programming and rental requests, the Centre will be open Sunday’s 7:00 am to 5:00 pm beginning September 10, 2023. Recommendation: For the information of Council. Memo - MCC Hours August 15 2023 271 - 272 11.13. City of Ottawa - Donation of Decommissioned Ambulance to St. John Ambulance Attached is a letter and the report from The City of Ottawa approving the donation of a decommissioned ambulance to St. John Ambulance 273 - 280 Page 10 of 457 Recommendation: For the information of Council. Letter to AMO re Ambulance Donation Report_Donation of Decommissioned Ambulance 11.14. Memo - DB-2023-002 - Deeming By-law Application (NEW) ACK Architects – Michael Allen has requested Council pass a Deeming By-law under the Planning Act so that Lots 29 & 30 in Plan 31 will no longer be lots within a registered plan of subdivision. Memo to Council - DB-2023-002 281 11.15. Comments from Resident (NEW) Comments from Resident 282 - 325 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Recognition of an Event of Municipal Significance and Noise By-law Exemption - Niagara Falls Night of Art - Niagara Falls Night of Art is an annual event where various art forms come together on one night to showcase the best of Niagara artistic talent. The event will be held on Thursday, September 21, 2023. Recommendation: THAT Council declare the Night of Art an Event of Municipal Significance to assist with obtaining a Special Occasion Liquor Licence from the Alcohol & Gaming Commission of Ontario and THAT Council grant an exemption to the City’s Noise By-law for the playing of music until 11:59pm on September 21, 2023 for the Night of Art Event taking place at the Niagara Falls Exchange and Museum properties. 12.2. Noise By-law Exemption - Mighty Niagara Film Festival: Niagara & To Play A Daredevil's Advocate - Wednesday, August 16, 2023 The Might Niagara Film Festival is an annual event put on by the Niagara Artist Company with an event sponsored by the City of Niagara Falls Culture Section on August 16, 2023 and the event will be held at Coronation Park (5775 Hanan Ave.) The event is expected to attract 50-100 audience members from across Southern Ontario and Western New York. This event will support and promote the artistic talents of residents of Niagara Falls and the Niagara Region. 326 - 328 Page 11 of 457 Recommendation: THAT Niagara Falls City Council grants the Niagara Artist Centre relief to the City’s Noise By-law to allow entertainment until 11:00 pm on Wednesday, August 16, 2023. Noise By-law Exemption - Mighty Niagara Film Festival - August 16 and 18, 2023 12.3. Noise By-law Exemption - Mighty Niagara Film Festival: Showdown in Silvertown - Friday, August 18, 2023 The Sadies perform live to short films remixed from classic spaghetti westerns by Niagara filmmakers. The Might Niagara Film Festival is an annual event put on by the Niagara Artist Company with an event sponsored by the City of Niagara Falls Culture Section on August 18, 2023. The event will be held at Trikes ATV Park (4620 Buttery Street). The event is expected to attract 50-100 audience members from across Southern Ontario and Western New York. This event will support and promote the artistic talents of residents of Niagara Falls and the Niagara Region. Recommendation: THAT Niagara Falls City Council grants the Niagara Artist Centre relief to the City’s Noise By-law to allow entertainment until 11:59PM on Friday, August 18, 2023. Noise By-law Exemption - Mighty Niagara Film Festival - August 16 and 18, 2023 329 - 331 12.4. Niagara United Soccer Club - 50th Anniversary - Request to waive by-law - Food Truck Niagara United Soccer Club is celebrating their 50th Anniversary on Saturday, August 19, 2023 from 11:00 AM - 2:00 PM at Kalar Sports Park. They plan to host a ceremony, providing food and drinks and planning fun games and giveaways. The Club is asking Council to waive the by-law to allow for the food truck at the event. Recommendation: That Council approve waiving the by-law to allow for the food truck at the 50th Anniversary event, on Saturday, August 19, 2023 from 11:00 AM - 2:00 PM. 332 Page 12 of 457 Niagara United Soccer Club - 50th Anniversary Food Truck Email 12.5. Memo from Niagara Transit Commission - WEGO Delivery Agreement Expiration Attached is memo from the Niagara Transit Commission regarding the WEGO Visitor Transportation Services & City Service - Planning for 2024. Recommendation: For Council information and to Refer to Staff. CNF - NTC - WEGO delivery -expiration of agreement NTC 9-2023 WEGO VTS and City Service 2024 Planning 333 - 341 13. RESOLUTIONS 13.1. Resolution to go In-Camera - November 21, 2023 Nov 21st 2023 - Resolution to go In-Camera 342 13.2. Resolution to call Special Council Meeting - November 28, 2023 No. 8 - Resolution - Special Council Mtg for November 28, 2023 343 13.3. Resolution - AM-2023-002 subsection 34(13) of the Planning Act, 1990 R.S.O requires written notice of the public meeting to be given to prescribed persons and public bodies, in the prescribed manner, and accompanied by the prescribed information Resolution - AM-2023-002 344 - 346 14. RATIFICATION OF IN-CAMERA 15. MOTIONS 15.1. Motion - Basic Income Councillor Lococo has asked Council to support the concept of a basic income. Resident, Sandra MacKinnon has requested to speak to this matter. 347 - 349 Page 13 of 457 Niagara Falls Basic Income Notice of Motion July 11 2023 Notice of Motion - Link for reference 16. NOTICE OF MOTION/NEW BUSINESS Except as otherwise provided in the Procedural By-law, all Notices of Motion shall be presented, in writing, at a Meeting of Council, but shall not be debated until the next regular Meeting of Council. A Motion may be introduced without notice, if Council, without debate, dispenses with the requirement for notice on the affirmative vote of two- thirds of the Members present. 16.1. NOTICE OF MOTION - Amendment to Firework By-law (NEW) Attached a Motion of Notice from Councillor Patel in regards to the current Firework By-law. Councillor Patel - Amendments to By-law 2017-101 Fireworks By-law City of Niagara Falls Fireworks By-law City of Mississauga Fireworks By-law City of Toronto 350 - 396 17. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2023- 055. 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, Limited Parking) By-law 2023-055 397 - 399 2023- 075. A by-law to designate Lots 29 & 30, Plan 31 to be deemed not to be within a registered plan of subdivision (DB-2023-002). By-law 2023-075 400 2023- 076. A by-law to provide for the adoption of Amendment No. 159 to the City of Niagara Falls Official Plan (AM-2023-005). By-law 2023-076 401 - 404 Page 14 of 457 2023- 077. A by-law to amend By-law No. 79-200, to permit the use of the lands for a 5 storey, apartment dwelling with 50 dwelling units (AM-2023-005). By-law 2023-077 405 - 408 2023- 079. A by-law to provide for the adoption of Amendment No. 161 to the City of Niagara Falls Official Plan (AM-2023-002). By-law 2023-079 409 - 412 2023- 080. A by-law to amend By-law No. 79-200, to regulate the Grand Niagara plan of subdivision on the lands subject to the removal of a Holding (H) symbol (AM-2023-002). By-law 2023-080 413 - 438 2023- 081. A by-law to amend By-law No.79-200 to permit a stacked townhouse dwelling containing ten dwelling units that may be used as vacation rental units (AM-2023-003). By-law 2023-081 439 - 441 2023- 082. A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. By-law 2023-082 442 - 443 2023- 083. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Designated Lanes, Standing Prohibited, Stopping Prohibited) By-law 2023-083 444 - 446 2023- 084. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Designated Lanes, Standing Prohibited, Stopping Prohibited) By-law 2023-084 447 - 449 2023- 085. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Designated Lanes, Standing Prohibited, Stopping Prohibited) 450 - 454 Page 15 of 457 By-law 2023-085 2023- 086. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Community Safety Zones, Speed Limits on Highways) By-law 2023-086 455 - 456 2023- 087. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 15th day of August, 2023. By-law 2023-087 457 18. ADJOURNMENT Page 16 of 457 The City of Niagara Falls, Ontario Resolution August 15, 2023 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act. WHEREAS on August 15, 2023, Niagara Falls City Council will be holding Closed Meetings as permitted under s. 239 (2) of the Municipal Act, namely; (c) a proposed or pending acquisition or disposition of land by the municipality or local board. (h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them THEREFORE BE IT RESOLVED that on August 15, 2023 Niagara Falls City Council will go into a closed meeting to consider matters that fall under 239 (2) (c) to discuss the possible acquisition of land by the municipality and 239 (2) (h) to discuss information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them as it pertains to the Canada Mortgage and Housing Corporation (CMHC). AND The Seal of the Corporation be hereto affixed. Carried Unanimously WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 17 of 457 MINUTES City Council Meeting 1:00 PM - Tuesday, July 11, 2023 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, July 11, 2023, at 1:08 PM, in the Council Chambers, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson (All in Chambers) Councillor Wayne Campbell (present via zoom) STAFF PRESENT: Jason Burgess, Bill Matson, Erik Nickel, Tiffany Clark, Chief Jo Zambito, Andrew Bryce, Kira Dolch, Nidhi Punyarthi, Shelley Darlington, Margaret Corbett, Heather Ruzylo (Present in Chambers) Sue Noble, Trent Dark, Dave Etherington, Kathy Moldenhauer (present via zoom) 1. CALL TO ORDER The meeting was called to order at 1:08 PM. 2. IN CAMERA SESSION OF COUNCIL 2.1. Resolution to go In-Camera Moved by Councillor Mona Patel Seconded by Councillor Mike Strange THAT Council enter into an In-Camera session. Carried Unanimously (Councillor Campbell was absent). 2.2. Resolution to go In-Camera (August 15, 2023) Moved by Councillor Mona Patel Seconded by Councillor Mike Strange THAT Council enter into an In-Camera session on August 15, 2023. Carried Unanimously (Councillor Campbell was absent). 3. ADOPTION OF MINUTES 3.1. Council Minutes of June 20, 2023 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel Page 1 of 16 Page 18 of 457 THAT Council approve the minutes of the June 20, 2023 meeting as presented. Carried Unanimously (Councillor Campbell was absent from the vote). 4. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Victor Pietrangelo declared a conflict of interest to Item #7.2 - PBD- 2023-41 as the report deals with testamentary lands and the Councillor's father owns parcels that are testamentary devise lands. b) Councillor Mike Strange declared a conflict of interest to Item #8.7 - PBD-2023- 42 - Northwest and Garner West Secondary Plans - Background Initiation Report, as the Councillor has listings currently in the Garner West Secondary Plan area. c) Councillor Tony Baldinelli declared a conflict of interest to Item #71 - PBD- 2023-40. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: • Kenneth Woodhouse, father of Michael Woodhouse of Fire Services. • Barbara June Gale, sister of Regional Councillor Bob Gale. • Betty Abbruscato, mother of Jim Abbruscato of our Municipal Works Department. b) Mayor Diodati mentioned the following events: Annual Vidovan Serbian Day Celebrations - [photo shown] •Also attended by Councillor Patel and Councillor Strange A Night for Rizal Dinner and Dance Fundraiser - [photo shown] •Also attended by Councillor Patel and Councillor Strange Canada Day – Firemen’s Park – [photos shown] •Kudos to staff for an innovative and well-attended event •Our CAO for his appearance as Maple (maple-leaf) City Councillors for attending: Mike Strange, Mona Patel, Victor Pietrangelo, Lori Lococo. Federal Tourism Announcement – [photo shown] •NF backdrop / $105B industry •Target double pre-COVID •All levels rowing boat together •Focus on environmental tourism/ indigenous / business travelers Councillor Representation Councillor Nieuwesteeg attended the Sparky Stars Summer Arts Festival. Page 2 of 16 Page 19 of 457 Grand Openings & Business Happenings [photos shown] •Crystal Falls Studio oAttended by Councillors Patel, Strange and Nieuwesteeg •Nova Advanced Aesthetics Flag Raisings: Parental Alienation Awareness [photo shown] •Also attended by Councillor Thomson and Councillor Patel Nikola Tesla Day [photo shown] •Also attended by Councillor Thomson, Councillor Nieuwesteeg and Councillor Patel SPECIAL ANNOUNCEMENT: Street Sweeper Name Contest Winners •A new contest was launched at the City’s Touch-A-Truck event this year, Name the Street Sweeper! •After receiving 700 name suggestions, residents of NF have officially decided the names of the City’s two street sweepers in an online vote that garnered more than 800 entries. •The names of the two street sweepers are (drumroll, please)!.. oHoneymoon Sweep oObi-Wan Cleanobi •They squeaked out other great names like: oSir Sweeps-A-Lot, Sweepy McSweeperson and Clean Latifa •Thanks to Erik Nickel, GM of Municipal Works for innovation in engaging the community in this fun contest. c) The next Council meeting is scheduled for Tuesday, August 15th, 2023. 6. DEPUTATIONS / PRESENTATIONS 6.1. Civic Recognition - Saint Paul Catholic High School - Senior Boys Soccer Team The Saint Paul Catholic High School Senior Mens Soccer Team won the gold medal at the Ontario Federation of School Athletic Associations (OFSAA) Double A Boys Soccer Championship. The team was recognized for their achievement. 6.2. Former Committee of Adjustment member, Joe Mrozek - Appointment request - Relief from City's policy on mileage reimbursement Joe Mrozek appeared as a delegation to obtain some relief from the City's policy on mileage reimbursement. Page 3 of 16 Page 20 of 457 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council approve Joe Mrozek's mileage claims from 2016 through to and including 2021 for a total of $1,016.54. Carried (Councillor Lococo was opposed and Councillor Campbell was absent from the vote). 6.3. Building Permit Fee Review The City of Niagara Falls retained Watson & Associates Economists Ltd. to conduct a review and update of its building permit fees. The fees review is intended to provide the City with a recommended fee structure for Council’s consideration to appropriately recover the service costs and contributions to reserve funds from benefiting parties. Sean-Michael Stephen, Managing Partner of Watson & Associates Economists Ltd., presented to Council to summarize the findings and recommendations related to building fee services. The City will ultimately determine the level of cost recovery and implementation strategy. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT Council receive the report and presentation made by Sean -Michael Stephen, of Watson & Associates Economists, Ltd. Carried Unanimously (Councillor Campbell was absent from the vote). 6.4. Councillor Wayne Campbell joined the meeting at 2:07 PM. Councillor Pietrangelo chaired the meeting at 2:18 PM. CIBC Presentation - Economic Update to Council - City of Niagara Falls Nick Poulias, Investment Advisor, CIBC Private Wealth Management, presented an economic update to help support the early preparation and planning process ahead of the 2024 Budget. This report will guide staff to ensure that the proposed budgets align with the budgetary goals of Council. F-2023-20 2024 Budget Timetable and Preliminary Budget Projection Moved by Councillor Lori Lococo THAT Council defer this item for further discussion to appear after Item #8.2 on the agenda. Page 4 of 16 Page 21 of 457 Not put. Moved by Councillor Wayne Thomson Seconded by Mayor Jim Diodati 1. THAT Report F2023-20 - 2024 Budget Timetable and Preliminary Budget Projection be RECEIVED for information 2. THAT staff be given guidance for year 2024 for an operating levy not to exceed 3.5%. 3. THAT staff prepare for Council, budget options ranging from a 2.5% to 3.5% increase during the 2024 budget process. 4. THAT staff be given budget guidance for year 2024 for a capital levy increase of 1.5% (as requested in report F-2023-07). 5. THAT the Mayor call a Special Meeting on Tuesday, November 28, 2023 for the 2024 Capital and 2024 Parking Budget presentations. Carried Unanimously 7. PLANNING MATTERS Mayor Jim Diodati resumed as Chair of meeting at 2:48 PM. 7.1. PBD-2023-40 AM-2022-001, Zoning By-law Amendment Application 6259-6293 Dorchester Road Applicant: Dorchester Property Holdings Inc. (Angelo Butera) Agent: A. J. Clarke & Associates Ltd. (Franz Kloibhofer) 5 storey apartment building with 74 units The public meeting commenced at 2:48 PM. Alexa Cooper, Planner II, provided an overview of Report PBD-2023-40. The following residents have registered to speak to this matter: • Mary Anne Seppala • Helen Henderson • Rob Ainslie • Dan Armenti • Carrie Lewis • Cheryl Slater • Angel Anderson • Alicia/Ryan Racine • Mal Formisano • Mark Kaine • Richard Serada • Anita Traub Page 5 of 16 Page 22 of 457 • Chris Antaya All of the speakers listed above, spoke in opposition of the proposed development, citing environmental, traffic, zoning and infrastructure concerns. Franz Kloibhofer (acting as agent), was present via zoom and made a presentation to Council. The Public meeting was closed at 4:26 PM. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mona Patel THAT Council deny the Zoning By-law amendment as detailed in this report for a 5 storey apartment building with 74 dwelling units. Carried Unanimously (Councillor Baldinelli declared a conflict and Councillor Campbell was absent). 7.2. PBD-2023-41 AM-2022-017, Zoning By-law Amendment Montrose Road, Parts 7 & 8 Proposal: To permit the construction of a detached dwelling. Applicant: Kevin Dilts Agent: Mike Sullivan (LandPro Planning Solutions Inc.) Councillor Pietrangelo left the meeting as he declared a conflict to this application. The Public meeting commenced at 4:50 PM. Scott Turnbull, Planner 1, provided an overview of Report PBD-2023-41. The following residents addressed Council: • Dianna Kit Mete, owner of 7460 Koabel Road, spoke in opposition of the application. • Lois Kit, owner of 7460 Koabel Road, spoke in opposition of the application. • Leslie Laan, of 5525 Reixinger Road, spoke citing concerns regarding septic matters and climate concerns re: flooding issues etc.... • Jay Mason, representing owners on Montrose Road, addressed the setback requirement of 30 feet and additionally discussed the elevation grade. Mike Sullivan, Planner from LandPro Planning Solutions, and acting as agent, provided a presentation and addressed resident concerns. The Public meeting closed at 5:52 PM. Page 6 of 16 Page 23 of 457 Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel THAT Council defer this application until the next Council meeting on August 15, 2023 to include comments from the Region. Carried Unanimously (Councillor Pietrangelo declared a conflict and Councillor Campbell was absent). 7.3. PBD-2023-39 AM-2023-004 Official Plan and Zoning By-law Amendment Application 5014 Wilmott Street Applicant: Omar Tyndale Agent: Rhea Davis (NPG Planning Solutions Inc.) Councillor Pietrangelo returned to meeting. The Public meeting commenced at 5:52 PM. Nick DeBenedetti, Planner II, provided an overview of Report PBD-2023-39. Rhea Davis (via Zoom) and Aaron Butler (in person), of NPG Planning Solutions, and acting as agents, were present to share a presentation to Council. The Public meeting was closed at 6:05 PM. Moved by Councillor Mona Patel Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council deny the Official Plan and Zoning By-law amendment as detailed in this report, to permit the use of a detached dwelling as a Vacation Rental Unit. Carried (Councillor Pietrangelo was opposed and Councillor Campbell was absent). 8. REPORTS 8.1. CS-2023-01 Cooperative Procurement – Kinetic GPO Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mona Patel THAT Staff Report CS-2023-01 Cooperative Procurement – Kinetic GPO be received as information; Page 7 of 16 Page 24 of 457 AND THAT Council authorize the General Manager of Corporate Services to execute a membership agreement, in a form satisfactory to the City Solicitor, with Kinetic GPO for group purchasing opportunities as applicable. Carried Unanimously (Councillor Campbell was absent from the vote). 8.2. Councillor Pietrangelo resumed as Chair of the meeting at 6:16 PM. F-2023-07 South Niagara Hospital Contribution With Council's approval, the City of Niagara Falls has committed to paying Niagara Health $30,000,000 by the date of substantial completion of the South Niagara Hospital in order to avoid any interest charges from Niagara Health. The South Niagara Hospital is estimated to be a $1.13 billion project to which the Province will contribute $900 million. The remaining $200 - $230 million is considered the Local Share, which Niagara Health broke out in their December 13, 2022, presentation to Council as follows: • Regional Commitment - $44.5 million • Niagara Health Foundation/Donations - $35-45 million • Municipal Contributions Requested (Niagara Falls, Fort Erie, Port Colborne, Welland, Pelham) - $40-50 million • Hospital Own Funds (Parking & Retail) - $80-90 million Council and Staff will consider options to fund this payment with the 2024 Tax Supported Operating Budget deliberation. Moved by Councillor Wayne Thomson Seconded by Councillor Mike Strange 1. THAT Council APPROVE a contribution of $30,000,000 to Niagara Health representing the City of Niagara Falls local share commitment with terms and payment timelines to be negotiated by the CAO and Treasurer. 2. THAT Council DEFER to the 2024 Tax Supported Operating Budget a decision with regards to the approved option for the funding of the payment. Carried (Councillor Lococo was opposed). 8.3. F-2023-19 Low Income Seniors and People with Disabilities Water and Property Tax Rebate Programs Staff informed Council of the City's rebate programs, specifically the Low- income Seniors' Property Tax and Water Rebate programs and the People with Disabilities Property Tax and Water rebate programs. Moved by Councillor Wayne Thomson Page 8 of 16 Page 25 of 457 Seconded by Councillor Lori Lococo THAT Council receive Report F-2023-19 for information. Carried Unanimously (Councillor Campbell was absent from vote). 8.4. F-2023-21 Corporation of the City of Niagara Falls, Ontario – Trust Funds Financial Statements December 31, 2022 Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli THAT Council approve the draft trust funds financial statements for the year ended, December 31, 2022, the 2022 draft post-audit letter and the 2022 draft management letter. Carried Unanimously (Councillor Campbell was absent from the vote). 8.5. Mayor Diodati resumed as Chair of the meeting at 6:44 PM. MW-2023-20 W.L. Houck Park Practice Facilities Legacy Project Moved by Councillor Mike Strange Seconded by Councillor Victor Pietrangelo 1. THAT Council authorize Staff to enter into a cost-sharing agreement consisting of $100,000 from Sport Niagara representing the Canada Summer Games Host Society, $100,000 from the Greater Niagara Baseball Association, and $250,000 from the City of Niagara F alls towards the development of baseball practice facilities at W.L. Houck Park; and further, 2. THAT Council approve a 2023 capital budget amendment of $450,000 for the W.L. Houck Park Practice Facilities Legacy Project with the City's contribution of $250,000 be funded from the OLG reserve and the remaining $200,000 to be funded from Sport Niagara ($100,000) and the Greater Niagara Baseball Association ($100,000); and further, 3. THAT any operating impacts associated with seasonal maintenance, scheduling, and user fees be referred to the 2024 operating budget process. Carried (Councillor Lococo was opposed). 8.6. MW-2023-23 Additions to the 2023 (Road Resurfacing Mill & Pave Program) Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1. THAT the scope of work for Contract 2023-13 for the 2023 Road Resurfacing program be revised to include the repair and resurfacing of Page 9 of 16 Page 26 of 457 Sarah Street from Rapelje Street to the East limit including the adjacent Sarah Street parking for Riverview Park. 2. THAT the revised scope of work be added to the contract for Brennan Paving - Niagara through Change Work Order utilizing unit prices included in the awarded contract. The estimated amount for the CWO will be approximately $315,000. There is currently additional approved funding for construction work under this program of approximately $415,720 based on the awarded contract amount. Carried Unanimously 8.7. PBD-2023-42 Northwest and Garner West Secondary Plans – Background Initiation Report Councillor Mike Strange left the meeting as he declared a conflict to Item #8.7. Moved by Councillor Wayne Thomson Seconded by Councillor Victor Pietrangelo THAT Council receive this report regarding initiation of background work for the secondary plan processes for the Northwest Secondary Plan Area and the Garner West Secondary Plan Area; and THAT Council authorize staff to advertise a Request for Expression of Interest to seek out interested persons to participate on separate Community Focus Groups to provide regular input over the course of the Secondary Planning exercises. Carried (Councillor Lococo was opposed; Councillor Strange declared a conflict and Councillor Campbell was absent). 8.8. PBD-2023-44 Tree and Woodland Preservation and Enhancement Direction to Staff: THAT a compensation policy be established with the Region regarding tree and woodland preservation. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1. THAT Council receive PBD-2023-44 for information regarding the protection and enhancement of trees, wooded areas and tree canopy in the City of Niagara Falls; 2. THAT the future Urban Forest Management Plan include GIS tools to assist in the identification of the City’s tree canopy and that this be funded through the approved capital budget for this project; 3. THAT the future Urban Forest Management Plan and corresponding policy be prepared in consultation with the Environmental Action Committee; and Page 10 of 16 Page 27 of 457 4. THAT staff prepare a formal tree compensation and tree planting/saving policy and procedural guideline for developments as detailed in report PBD-2023-44 and that it be presented back to Council in early fall. 5. THAT Council authorize staff to bring back modifications to the City's Zoning By-law to set a standard for trees in parking lots, revised landscape strip provisions and other tree planting requirements. Carried (Councillor Lococo was opposed and Councillor Campbell was absent). 8.9. PBD-2023-45 Proposed Telecommunication Tower Facility 8800 McLeod Road Applicant: Forbes Bros Ltd., on behalf of Rogers Communications Inc. Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel It is recommended that Innovation, Science and Economic Development Canada be advised that the City of Niagara Falls does not concur with the construction of a 40m (~147’) tall, monopole style telecommunication tower with a fenced in compound on the lands known as 8800 McLeod Road. Carried Unanimously (Councillor Campbell was absent from the vote). 9. CONSENT AGENDA 9.1. L-2023-15 Permanently Close and Declare Surplus of Lands Portions of Redundant Road Allowance - Weinbrenner Road Land Swap - The Niagara Parks Commission Our File No.: 2022-60 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1. In the event that Council determines that it is in the public interest to do so, that portions of Weinbrenner Road and Edgeworth Road, hereinafter referred to as the "Subject Lands", as shown outlined in red on the plan attached as Schedule "A", be permanently closed and declared surplus to the City's needs and that the Subject Lands be transferred to The Niagara Parks Commission as outlined in this report. 2. That the City Solicitor and Chief Administrative Officer, or their designate, are authorized to execute all documentation and take whatever steps necessary to carry out Recommendation 1. Carried Unanimously (Councillor Campbell was absent). 9.2. MW-2023-21 Petition for Drainage Works - 5981 Willow Road Page 11 of 16 Page 28 of 457 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1. THAT Council accept the Petition for Drainage Works by Owners – Form 1, received from Mr. David White of 5981 Willow Road on June 6, 2023. 2. THAT the Drainage Superintendent notify the Niagara Peninsula Conservation Authority and the Ontario Ministry of Agriculture Food and Rural Affairs of the Petition for Drainage Works by Owners – Form 1, received from Mr. David White of 5981 Willow Road on June 6, 2023 and the City’s intention to accept it. 3. THAT the Drainage Superintendent report back to Council at a futu re meeting to recommend next steps. Carried Unanimously (Councillor Campbell was absent from the vote). 9.3. MW-2023-22 Weeping Tile Removal Assistance Program (WRAP) Updates Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1. THAT the Weeping Tile Removal Assistance Program (WRAP) be updated to clarify eligibility requirements, streamline the application process, meet the requirements of the Ontario Building Code, and reduce risk to the City. Carried Unanimously (Councillor Campbell was absent from vote). 9.4. PBD-2023-43 Matters Arising from the Municipal Heritage Committee 2023 Designated Property Grant - Spence Sherriff House 5993 Barker Street Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council approve the proposed alteration and a grant in the amount of $1,412.00 to assist with the cost of the restoration of two columns supporting the verandah on the Spence-Sherriff house at 5993 Barker Street as it will not alter the reasons for designation and will assist in maintaining the appearance of the house that has been achieved overtime. Carried Unanimously (Councillor Campbell was absent from the vote). 9.5. MW-2023-19 Residential Drainage Assistance Program Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson Page 12 of 16 Page 29 of 457 THAT Council defer this report, MW-2023-19, Residential Drainage Assistance Program, until the 2024 budget process. Carried Unanimously (Councillor Campbell was absent). 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Proclamation Request - Polycystic Kidney Disease (PKD) The PKD Foundation of Canada is requesting the City of Niagara Falls to proclaim Monday, September 4, 2023 as "Polycystic Kidney Disease (PKD Awareness Day." 10.2. Memo from Planning Regarding: PLC-2023-005, Request for Removal of Part Lot Control Lot 20, Registered Plan 59M-491, Lyon's Creek, Phase 5 9348 and 9350 White Oak Avenue 10.3. Flag-Raising Request - Ukraine's Independence Day The Ukrainian Canadian Congress, Niagara Branch is requesting Council to approve a flag-raising ceremony on Thursday, August 24, 2023 to commemorate and celebrate Ukraine's Independence Day. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson THAT Council approve Item #10.1 through to and including Item #10.3. Carried Unanimously (Councillor Campbell was absent from the vote). 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Resolution - Request for Support - Leglislative Amendments to Improve Municipal Codes of Conduct and Enforcement Attached is correspondence submitted by a grassroots advocacy group named, "The Women of Ontario Say No." Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel THAT Council request that the sample resolution be sent to staff for opinion to determine if the motion can be supported. Carried Unanimously 11.2. Resolution - Municipality of Shuniah - re: Bill 3 The attached resolution was passed at the Council Meeting for the Municipality of Shuniah on June 20, 2023 re: Bill 3. 11.3. Highway 405/QEW Interchange - Response from MTO Attached is a letter from the Honourable Caroline Mulroney, Minister of Transportation in response to a motion sent from our Council regarding the Highway 405/QEW interchange request. Page 13 of 16 Page 30 of 457 Direction to Staff: That Council ask MTO to undertake an analysis of the traffic patterns in the area of the Highway 405/QEW interchange. 11.4. Comments from resident Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council receive and file for information Item #11.2, #11.3 and #11.4. Carried Unanimously 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Fallsview BIA - 2023 Budget The Fallsview BIA 2023 budget has been submitted from the board in the amount of $123,600.00. Recommendation: THAT Council approve the 2023 budget for the Fallsview BIA. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council receive the budget request for information until the Fallsview BIA passes a budget at a meeting of their board. Carried Unanimously (Councillor Campbell was absent from the vote). 13. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1) THAT Council direct Staff to implement an executive evaluation process and compensation recommendations; and; 2) THAT Council accepts an offer to purchase Road Allowance between Lots 2 & 3, Concession 3, Willoughby being Part of Morningstar Road, for $30,000.00 plus H.S.T., subject to adjustments, if necessary and THAT the City Solicitor and the Chief Administrative Officer, or their designate, is autho rized to execute all documentation and take whatever steps necessary to carry out the recommendation and complete the transaction, and furthermore, 3) THAT Council give the CAO the authority to place an offer for a proposed acquisition of land conditional on Council's final approval on a date to be arranged. Carried (Councillor Lococo was opposed to #2 only). Page 14 of 16 Page 31 of 457 14. NOTICE OF MOTION/NEW BUSINESS 14.1. Notice of Motion - Basic Income Councillor Lococo has asked Council to support the concept of a basic income. a) Solar Eclipse - April 8, 2024 A total solar eclipse will take place on Monday, April 8, 2024. The duration of totality will be up to 4 minutes and 27 seconds. Niagara Falls is slated to be one of the best locations to view the eclipse, as such, staff should anticipate an influx of travellers for this event. Direction to Staff: THAT Staff report back to Council an event plan for the Solar Eclipse on April 8, 2024 and to include staff from Recreation, Culture and Facilities, Municipal Works (traffic and transportation) and Communications. 15. BY-LAWS 2023- 067. A by-law to designate Lot 20, Registered Plan 59M-491, not to be subject to part-lot control (PLC-2023-005). 2023- 068. A by-law to authorize the execution of a Development Agreement pursuant to the approved Zoning By-law amendment application to rezone the lands municipally known as 4078 Victoria Avenue, in the City of Niagara Falls, to a site specific Tourist Commercial (TC) zone to permit ten (10) stacked townhouse dwelling units that may be used as vacation rental units, with Build Up Victoria Inc. 2023- 069. A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2023- 070. A by-law to declare part of Weinbrenner Road and part of Edgeworth Road, as surplus. 2023- 071. A by-law to permanently close part of a highway. 2023- 072. A by-law to provide for the adoption of Amendment No. 158 to the City of Niagara Falls Official Plan (AM-2022-012). 2023- 073. A by-law to amend By-law No. 79-200 to permit the use of the lands for a 77 storey building with 962 dwelling units and at least 516 square metres of commercial floor area at grade subject to the removal of a Holding (H) symbol (AM-2022-012). 2023- 074. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 11th day of July, 2023. Moved by Councillor Victor Pietrangelo Page 15 of 16 Page 32 of 457 Seconded by Councillor Lori Lococo THAT the by-laws be read a first, second and third time and pa ssed. Carried (Councillor Lococo opposed By-law 2023-072 and By-law 2023- 073). 16. ADJOURNMENT a) Adjournment Moved by Councillor Tony Baldinelli Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council adjourn the meeting at 8:18 PM. Carried Unanimously Mayor City Clerk Page 16 of 16 Page 33 of 457 CITY OF NIAGARA FALLS By-law No. 2023- 078 A by-law to amend By-law No. 79-200, to regulate the McLeod Meadows plan of subdivision on the lands subject to the removal of a Holding (H) symbol (AM-2023-007). 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 five parcels, known as Parcels R3-1213, R5B- 1214, EPA, EPA-1215, and OS-1216. 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 that by-law. In the case of any conflict between a specific provision of this by -law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 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 R3-1213, (i) The uses permitted in a R3 Zone (ii) A back-to-back townhouse dwelling (b) For Parcel R5B-1214, the uses permitted in a R5B Zone. (c) For Parcel EPA, the uses permitted in an EPA Zone. (d) For Parcel EPA-1215, (i) The uses permitted in an EPA zone (ii) Stormwater management facility Page 34 of 457 2 (e) For all those portions of the Subject Lands zoned OS-1216, the uses permitted in an OS Zone. 6. The regulations governing the permitted uses Parcel R3-1213 shall be: (a) Minimum lot area i. For a detached dwelling 300 square metres ii. For an on-street townhouse dwelling 180 square metres for each dwelling unit iii. For a back-to-back townhouse dwelling 120 square metres for each dwelling unit (b) Minimum lot frontage i. For a detached dwelling on an interior lot 10 metres ii. For a detached dwelling on a corner lot 15 metres iii. For an on-street townhouse dwelling 6 metres ng unit (c) Minimum front yard depth i. For a detached dwelling, on-street townhouse dwelling, or back-to back townhouse dwelling, save and except for an on-street townhouse dwelling fronting on McLeod Road or Beechwood Road 4.5 metres ii. For a private garage with driveway access from the front yard save and except for an on- street townhouse dwelling fronting on McLeod Road or Beechwood Road 6 metres iii. For an on-street townhouse dwelling 3.5 metres Page 35 of 457 3 fronting on McLeod Road or Beechwood Road The front elevation of the dwelling must be oriented towards McLeod Road or Beechwood Road (d) Minimum rear yard depth i. For a detached dwelling 7 metres ii. For an on-street townhouse dwelling 7 metres iii. For a back-to-back townhouse dwelling 0 metres (e) Minimum interior side yard width i. For a detached dwelling with a height of less than 2 storeys 0.9 metres ii. For a detached dwelling with a height of greater than 2 storeys 1.2 metres iii. For an on-street townhouse dwelling 1.2 metres iv. For a back-to-back townhouse dwelling 1.2 metres (f) Minimum exterior side yard width 3 metres (g) Maximum lot coverage Not applicable (h) Maximum driveway width for an on-street townhouse dwelling unit 70% of the lot frontage (i) Vehicular access to an accessory building that will function as a garage and location of a driveway for an on-street townhouse dwelling fronting McLeod Road or Beechwood Road Vehicular access shall not be provided from McLeod Road or Beechwood Road (j) Second units within accessory buildings (i) Maximum floor area The floor area of the second unit shall not exceed 40% of the floor area of the primary dwelling Page 36 of 457 4 (ii) Parking regulation One parking space shall be provided for the occupant of the second unit within an accessory building in addition to the parking space required for the primary dwelling. Parking spaces may be provided in tandem (iii) Maximum building height for an accessory building containing a second unit 9 metres (iv) Minimum building setbacks The accessory building containing a second unit shall be a minimum of 1.2 metres from the rear and interior side lot lines, save and except for unsupported canopies, eaves or gutters which may project a distance of not more than 0.45 metres into this setback Common detached accessory structures containing a second unit may be centred on the mutual lot line if erected simultaneously on two abutting lots (v) Maximum projection of a roofed over one storey porch or deck No roofed-over porch or deck shall be closer than 1.2 metres from the rear lot line (k) The balance of regulations specified for a R3 use. 7. The regulations governing the permitted uses Parcel R5B-1214 shall be: (a) Minimum lot area 120 square metres for each dwelling unit (b) Minimum front yard depth 4 metres (c) Minimum interior side yard width 4.5 metres (d) Minimum exterior side yard width 3 metres (e) Maximum height of building or structure 14.5 metres, or 4 storeys, whichever is the lesser, subject to section 4.7 of By-law No. 79-200 Page 37 of 457 5 (f) Maximum number of apartment dwellings on one lot Not applicable (g) Minimum landscaped open space 30% of lot area (h) The balance of regulations specified for a R5B use. 8. The regulations governing the permitted uses Parcel EPA-1515 shall be the regulations for an EPA use. 9. The regulations governing the permitted uses Parcel EPA shall be the regulations for an EPA use. 10. The regulations governing the permitted uses Parcel OS-1216 shall be: (a) Minimum lot frontage Not applicable (b) Minimum lot area Not applicable (c) The balance of regulations specified for an OS use. 11. 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. 12. For the purposes of this by-law: “Back-to-Back Townhouse Dwelling” means a townhouse dwelling that contains dwelling units divided vertically from each other by common side walls and common rear walls. 13. No person shall use the Lands for a use that is not a permitted use. 14. No person shall use the Lands in a manner that is contrary to the regulations. 15. 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 R3(H) and numbered 1213, R5B(H) and numbered 1214, EPA(H), EPA(H) and numbered 1215, and OS(H) and numbered1216 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 shall provide “Compatibility/Mitigation Study- Air Quality, Noise and Vibration” prepared by SLR Consulting (Canada) Ltd. (dated March 23, 2022), as well as any subsequent revisions thereto, to be approved by Niagara Region and the City; Page 38 of 457 6 • City Official Plan Amendment 147 shall be approved by the Regional Municipality of Niagara and shall come into full force and effect; • Any development on the subject lands shall conform to the policies of Official Plan Amendment 147, including any resulting modifications; and • The implementation of any mitigation measures as required by the approved Land Compatibility- Air Quality, Noise and Vibration Study, shall be implemented to the satisfaction of the City and Niagara Region. 16. The provisions of this by-law shall be shown on Sheets A6 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from LI, in part, HL, in part, and DH, in part to designated R3(H) and numbered 1213, R5B(H) and numbered 1214, EPA(H), EPA(H) and numbered 1215, and OS(H) and numbered1216 . 17. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1213 Refer to By-law No. 2023-078. 19.1.1214 Refer to By-law No. 2023-078. 19.1.1215 Refer to By-law No. 2023-078. 19.1.1216 Refer to By-law No. 2023-078. Read a First, Second and Third time; passed, signed and sealed in open Council this 15th day of August, 2023. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 39 of 457 Page 40 of 457 PBD-2023-46 Report Report to: Mayor and Council Date: August 15, 2023 Title: AM-2023-009, Zoning By-law Amendment 5705 Buchanan Avenue Proposal: To permit the existing 3-unit dwelling and add vacation rental units as a permitted use. Applicant: Vikrampal Moomie & Baljit Moomie Agent: Aaron Butler (NPG Planning Solutions) Recommendation(s) 1. That Council approve the Zoning By-law amendment application to rezone the property to a site-specific Deferred Tourist Commercial (DTC) zone to permit the existing 3-unit dwelling, increase the maximum area of the rear yard which can be used as parking area, and to add vacation rental units as a permitted use, subject to the regulations outlined in this report. 2. That the amending zoning by-law include a Holding (H) provision to require the owner to enter into an encroachment agreement with the City of Niagara Falls for the encroachments of the dwelling onto the City right of way unless the agreement is entered into prior to the passing of the implementing by-law. Executive Summary Vikrampal and Baljit Moomie have requested a Zoning By -law amendment to permit the existing 3-unit dwelling, increase the maximum area of the rear yard which can be used as parking area, and add vacation rental units as a permitted use. The amendment is recommended for the following reasons: • The proposal meets Provincial and Regional policies as it makes efficient use of land within the Built-Up Area and will support the tourist economy; • Accommodations (i.e., vacation rental units) are permitted uses in the Tourist Commercial Designation and as such the requested amendment maintains the intent of the Official Plan. The proposed Zoning By-law amendment will facilitate an appropriately scaled Tourist Commercial use into the area that minimizes impact on existing land uses; • Public concerns regarding excessive noise, improper garbage disposal, and property standards will be addressed through the vacation rental unit licensing by-law; and, Page 1 of 9 Page 41 of 457 • The zoning regulations recommended by staff will recognize the deficiencies of the existing 3-unit dwelling while limiting future additions and/or redevelopment to the standard Deferred Tourist Commercial regulations. Should the applicant choose not to apply for a vacation rental unit license, the 3-unit residential dwelling would be permitted and compatible with the surrounding area. Background Vikrampal and Baljit Moomie have requested a Zoning By-law amendment for a parcel of land totaling 490.55 square metres as shown on Schedule 1. Schedule 2 shows the details of the proposal. The subject land is designated Tourist Commercial under the City’s Official Plan which permits accommodation uses (i.e., vacation rental units). However, the property is zoned Deferred Tourist Commercial (DTC), in accordance with Zoning By-law 79-200, which does not permit vacation rental units. The intent of the Deferred Tourist Commercial (DTC) zone is to phase in appropriately scaled Tourist Commercial uses into the area and minimize impacts on existing land uses. The applicant is requesting the lands be placed under a site -specific Deferred Tourist Commercial (DTC) zone to permit the existing 3 -unit dwelling, increase the maximum area of the rear yard which can be used a s parking area, and add vacation rental units as a permitted use. Site Condition, History and Surrounding Land Uses The subject land currently contains a 3-unit dwelling with access from Buchanan Avenue and Forsythe Street. Municipal Property Assessme nt Corporation (MPAC) records indicate that the building was constructed in 1903 as a detached dwelling. At some time since its construction, it was converted to a 3-unit dwelling. The subject land abuts a triplex dwelling to the north and a hotel build ing to the east. Properties to the south include low rise residential, and mixed use buildings, as well as the St. Ann Church. Properties to the west primarily consist of low -rise residential uses along with a mixed use building at the corner of Forsythe Street and Buchanan Avenue. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, agencies, and the public for comments. The following summarizes the comments received to date: Page 2 of 9 Page 42 of 457 • Building Services o Building Permit fees and development charges will be assessed during Building Permit application review. o Property records indicate the existing structure is listed as a single detached dwelling. The owner will be required to obtain a building permit for the conversion of the structure to a 3-unit dwelling. • Fire Services, GIS Services, Landscape Services, Legal Services, Business Development o No objections to the application. • Municipal Works o No objections to the application. • Transportation Services o No objections to the application. o The applicant will need to enter into an encroachment agreement for the partially encroaching dwelling. Neighbourhood Comments A neighbourhood open house was held on July 26th, 2023 and was attended by the applicant and their agents. Four members of the public were in attendance. The following concerns were expressed: • Vacation rental units are being operated illegally in the area. • The vacation rental unit use will lead to excessive noise and improper garbage disposal and the City by-laws will not be enforced. • Property standards will decline as the owner does not live on t he property. • The proposed amendment will decrease neighbourhood property values. • The vacation rental unit use will result in parties with a large number of guests creating negative impacts for neighbours. • The introduction of the vacation rental use will lead to a concentration of vacation rental units in the area. The following is noted in response: • The application seeks to permit a legal vacation rental unit use within the existing dwelling that would be subject to the City’s vacation rental unit licensing by -law. • The licensing by-law is a mechanism to regulate the operational aspects of a vacation rental unit to control excessive noise, garbage disposal, property standards and to ensure that the owner has adequate insurance coverage. Violations of the By-law are subject to a penalty, including suspension or revocation of the license to operate a VRU. • The Municipal Property Assessment Corporation (MPAC) is responsible for determining and providing the City with property values. Generally, development and redevelopment leads to an increase or no significant impact to Page 3 of 9 Page 43 of 457 property values. • The proposed vacation rental units will be within an existing detached dwelling, containing no more than 3 units. The application indicates there will be one (1) unit with two (2) bedrooms and two (2) units with (3) bedrooms. In accordance with the Building Code, occupancy is limited to two persons per sleeping room and as such the proposed dwelling will have a maximum occupancy of 16 persons. • As the lands are not designated Residential, policies that speak to the concentration of vacation rental units are not applicable. The intent of the Tourist Commercial policies applicable to this parcel is to phase in appropriately scaled tourist commercial uses into the area that minimize impacts on existing land uses. Future applications to permit Tourist Commercial uses within this area will continue to be evaluated against this criterion. Analysis 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement (PPS) and conform to the Provincial “A Place to Grow” Pla n. The proposed development is consistent and conforms as follows: • The proposed development satisfies matters of Provincial interest as outlined in Section 2 of the Planning Act; • It is within a settlement area and within walking distance to existing commercial uses and tourist area; and • The proposed intensification is an efficient use of an underutilized parcel and will utilize existing municipal infrastructure and services available to the subject lands. 2. Regional Official Plan The subject land is designated Delineated Built-up Area in the Regional Official Plan. The proposal conforms as follows: • The proposal is within the Urban Area and will utilize existing municipal infrastructure and services available to the subject lands; • The proposed uses are permitted within the Delineated Built -Up Area; and, • The vacation rental unit use will support nearby tourist and commercial uses and promote increased opportunity for tourism within the Niagara Economic Zone. Page 4 of 9 Page 44 of 457 3. City Official Plan The subject lands are designated Tourist Commercial and within the Clifton Hill Tourist District. Accommodations, which includes vacation rental units, are permitted in the Tourist Commercial Designation. The proposed 3-unit dwelling that may have each unit licensed as a vacation rental unit is permitted. The proposal complies with the intent of the Official Plan as follows: • The 3-unit dwelling that may be licensed for vacation rental units will contribute to the City’s supply of accommodations for visitors; • The property is within the Clifton Hill Tourist District which permits visitor accommodations and provides connections to the Lundy’s Lane and the Fallsview Tourism Subdistricts; • The proposal facilitates an appropriately scaled tourist commercial use into the area and minimizes impacts on existing land uses; and, • The proposed amendment will recognize an existing 3-unit residential dwelling that that has achieved a degree of compatibility with the surrounding area and will create additional housing choices for residents. 4. Zoning By-law The applicant has requested a site-specific Deferred Tourist Commercial (DTC) zone be applied to the subject land to permit the existing 3 -unit dwelling, increase the maximum area of the rear yard which can be used as parking area, and add vacation rental units as a permitted use. The departures requested from the standard DTC regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION STAFF RECOMMENDATION (DETAILS TO FOLLOW) Permitted Uses The uses permitted in the DTC Zone A 3-unit dwelling that may be licensed as vacation rental units. SUPPORT Maximum area of a rear yard which can be used as a parking area 40 square metres 79.06 square metres SUPPORT Page 5 of 9 Page 45 of 457 Minimum front yard depth (For new additions) 6 metres + 13 metres from the centerline of the road allowance 0 metres DO NOT SUPPORT Minimum exterior side yard width (For new additions) 4.5 metres + 10 metres from the centerline of the road allowance 0.2 metres DO NOT SUPPORT • The requested addition of a 3-unit dwelling as a permitted use is supported as adequate parking and landscaped open space is provided and the existing building is compatible with the surrounding area. In addition, the existing detached dwelling is permitted and the conversion to a 3-unit dwelling will be contained within the existing building; • The requested addition of a vacation rental unit as a permitted use is supported as the Deferred Tourist Commercial Zone is an area of the City that is to transition to permit Tourist Commercial uses. The vacation rental units will be provided within an existing building that provides an appropriate transition and relationship with the adjacent residential, mixed-use and institutional uses. In addition, accommodations (i.e., vacation rental units) are permitted uses in the Tourist Commercial Designation and as such, the requested amendment maintains the intent of the Official Plan. The vacation rental use will require the applicant to obtain a Vacation Rental Unit license for each unit from the Clerks Department; • The increase to the maximum area of a rear yard which can be used as a parking area is supported. Staff note that the overall lot area used as surface parking on site is 24.28%, which is less than the maximum 30% permitted. In addition, although an increase in parking area has been requested, the proposal provides 50.5% Landscaped Open Space, exceeding the minimum 30% required. As the proposal will maintain adequate landscaped open space and amenity area and will not result in the parking area dominating the site, the requested amendment meets the intent of the Zoning By-law; and, • While the applicant has requested the City recognize the existing front yard and exterior side yard zoning deficiencies, Staff are unable to support the request as it would allow for the construction of additions and new structures that would not maintain a suitable front and/or exterior yard setback. Instead, staff recommend that the implementing by-law recognize the existing building on site at the time of application. If future redevelopment or additions to the existing building are proposed, the standard DTC provisions would apply. A holding (H) provision will be required for the following: • The existing dwelling, covered porch, and stairs partially encroach into the City’s Buchanan Avenue Road allowance. The applicant is required to enter into an Page 6 of 9 Page 46 of 457 encroachment agreement with the City prior to passing the implementing by-law or a Holding (H) Provision will be required to be applied to the amending by -law. Operational Implications and Risk Analysis There are no operation implications associated with this proposal. Financial Implications/Budget Impact The proposed development will provide a new tax assessment to the City. Strategic/Departmental Alignment This proposal contributes to developing Niagara Falls as Ontario’s premier tourism destination. If used for residential purposes it will contribute to a strong and diverse housing market that includes housing choices for all residents. List of Attachments Schedule 1 Schedule 2 Written by: Scott Turnbull, Planner 1 Submitted by: Status: Andrew Bryce, Director of Planning Approved - 04 Aug 2023 Kira Dolch, General Manager, Planning, Building & Development Approved - 07 Aug 2023 Jason Burgess, CAO Approved - 07 Aug 2023 Page 7 of 9 Page 47 of 457 Schedule 1 (Location Map) Page 8 of 9 Page 48 of 457 Schedule 2 (Site Plan) Page 9 of 9 Page 49 of 457 Address: 5705 Buchanan Ave. Applicant: Vikrampal Moomie & Baljit Moomie Proposal: To permit the existing 3-unit dwelling and add vacation rental units as a permitted use Zoning By-law Amendment Application AM-2023-009 Page 50 of 457 A GREAT CITY…FOR GENERATIONS TO COME Location Residential Mixed Use Mixed-use Hotel Triplex Dwelling St. Ann Church Proposed Development Page 51 of 457 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Page 52 of 457 A GREAT CITY…FOR GENERATIONS TO COME Background •Approximately 490.55 square metres. •Official Plan –Designated Tourist Commercial and within the Clifton Hill Tourist District. •Zoning By-law Amendment –Currently zoned Deferred Tourist Commercial (DTC). –Application to rezone the subject lands to a Site-Specific Deferred Tourist Commercial (DTC-xxx) Zone.Page 53 of 457 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning Relief- DTC-XX DO NOT SUPPORT (FOR NEW ADDITIONS) Min. Exterior Side Yard Width Proposed: 0.2m Required: 4.5m + 10 metres from the centerline of the road allowance DO NOT SUPPORT (FOR NEW ADDITIONS) Min. Front Yard Depth Proposed: 0m Required: 6m + 13 metres from the centerline of the road allowance SUPPORT Max. Parking Area in a Rear Yard Proposed: 79.06m2 Required: 40m2 SUPPORT Permitted Uses Proposed: 3-unit dwelling and vacation rental units. Required: The uses permitted in the DTC Zone. Page 54 of 457 A GREAT CITY…FOR GENERATIONS TO COME Public Comments Comment/Concern Staff Response High Concentration of Vacation Rental Units The intent of the Deferred Tourist Commercial (DTC) zone is to phase in appropriately scaled tourist commercial uses, such as accommodations, that minimize impacts on existing land uses. Noise, Garbage, and Property Standards The licensing by-law will regulate the vacation rental unit use. Violations of city by-laws are subject to a penalty, including suspension or revocation of the license to operate a vacation rental unit. Illegal Vacation Rental Units The application seeks to permit a legal vacation rental unit use within the existing dwelling that would be subject to the City’s licensing by-law. Property Values No significant impact to property values is anticipated.Page 55 of 457 A GREAT CITY…FOR GENERATIONS TO COME Recommendation That Council approve the Zoning By-law Amendment application subject to the recommendations contained in Staff report PBD-2023-46.Page 56 of 457 5705 Buchanan Avenue City of Niagara Falls Application for a Zoning By-law Amendment For Vikrampal Moomie Prepared by: August 15, 2023 Page 57 of 457 Aerial Context & Surrounding Uses Lot Area: 490.6 sqm (0.049 ha) Frontage: 15.24 m on Buchanan Ave Access: Buchanan Avenue and Forsythe Street City Official Plan Designation: Tourist Commercial (TC) City Zoning By-law: Deferred Tourist Commercial (DTC)Page 58 of 457 Proposed Development •Permit three (3) Vacation Rental Units (VRUs) within the existing three (3) unit dwelling •Maintains existing dwelling and two (2) parking spaces •Provides four (4) additional parking spaces to meet the VRU requirement.Page 59 of 457 Neighbourhood Context •Within 650 metre walk to Clifton Hill •Close to many eateries along Victoria Avenue and Ferry Street •In proximity to local attractions such as the Niagara Falls, Clifton Hill and Casino Niagara •Contains other existing multi- unit dwellings and single- detached dwellings •Adjacent to 6-storey hotel Page 60 of 457 Official Plan Analysis •Subject Lands are designated TC and are within the Clifton Hill Tourist District •4.2.2 The Central Tourist District shall continue to be the focal point for tourism activities in the City, including…a wide mix of tourist attractions, accommodations and services in Clifton Hill and Fallsview. •VRU is an “accommodation” use permitted in the TC designation. •City OP establishes vision for land use within Niagara Falls. Zoning By-law implements this vision.Page 61 of 457 Proposed Zoning By-law Amendment ZONING: DTC to DTC-XX REGULATION REQUIRED PROPOSED Permitted Use Detached dwelling VRU Min Front Yard Depth 6 m * 0 m Min Exterior Side Yard Width 4.5 m * 0.2 m Maximum area of a rear yard that can be used as a parking area 40 sqm.79.06 sqm. * As existing Page 62 of 457 VRU Licensing By-law •Licensing regulations to control VRU use related to noise, partying, parking and garbage. •Require guests be notified of the City’s Noise By-law regulations. •Require a code of conduct to be signed by renters of a VRU. •City can revoke the license if it receives three or more complaints regarding noise or other such nuisance.Page 63 of 457 ✓Is consistent with the PPS, and conforms with the Growth Plan, NROP and the City of Niagara Falls Official Plan. ✓Supports the City’s existing tourist district near Clifton Hill. ✓Is appropriately located on lands designated for Tourist Commercial use. ✓Makes efficient use of existing services. ✓If this application is approved, the proposed VRU will be subject to the City’s VRU licensing by-law.Page 64 of 457 Angela I. Salvatore BA, JD, LLM (Taxation) Tax Lawyer 1 King Street West, Suite 4800, Toronto, ON M5H 1A1 T: (416) 575-4139 F: (647) 492-3315 E: angela.i.salvatore@gmail.com VIA EMAIL: sturnbull@niagarafalls.ca August 10, 2023 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2e 6X5 Attention: Mr. Scott Turnbull Planner 1 Planning, Building, and Development Department Dear Sir: Re: 5705 Buchanan Avenue Assessment Role No.: 272503000703400 Zoning By-Law Amendment Application – City File: AM-2023-009 Applicants: Vikrampal Moomie and Baljit Moomie Agent: Aaron Butler (NPG Planning Solutions Inc.) Please be advised that I am legal counsel for the Church of St. Ann, located at 5740 Buchanan Avenue, Niagara Falls, ON L2G 3V3, of whom Reverend Father Kesseteberhan Hammad (“Father Kessete”) is the parish priest, with respect to the above-referenced matter. The proposed zoning by-law amendment seeks to permit the existing triplex located at the subject property to be used as three separate vacation rental units; further, four additional parking spaces are proposed in tandem, to be provided at the rear of the subject property, with access from Forsythe Street, as per the Application for an Amendment to the Official Plan and/or Zoning By-Law, dated and sworn May 5, 2023. I confirm receipt of the Notice of Application and Open House, which Open House was scheduled for July 26, 2023 at 5:00 p.m., and Notice of Public Meeting, which Public Meeting is scheduled for August 15, 2023 at 2:30 p.m. – I will remotely and electronically attend the upcoming scheduled Public Meeting. St. Ann Parish sits in the heart of its community. It has been there since 1913, being 110 years. Daily masses are held Tuesdays to Thursdays at 8:00 a.m. and Fridays at 9:30 a.m. Weekly masses are held on Saturdays at 5:00 p.m. and Sundays at 10:00 a.m. (in Italian) and at 11:30 a.m. During these mass times, parishioners can park on both sides of Buchanan Avenue directly in front of the church and all along Buchanan Avenue from the corners of Forsythe Street to Ferry Street. The concerns of St. Ann Parish with the proposed zoning by-law amendment are set out below: 1. The location of the subject property makes it ideal for those who wish to temporarily stay in the city close to the tourist area; this means that it will highly likely be booked regularly by those visiting the city. Regular bookings of visitors in a complex with three separate vacation units will create lots of noise and traffic – our parish is especially concerned about the weekly masses on Saturdays and Sundays. Noise will interfere with the ability of our parishioners to enjoy our masses and traffic will cause headaches for our Page 65 of 457 -Page 2 of 2- 1 King Street West, Suite 4800, Toronto, ON M5H 1A1 T: (416) 575-4139 F: (647) 492-3315 E: angela.i.salvatore@gmail.com parishioners as they arrive at, and depart from, our masses. Further, the noise and traffic will negatively impact Father Kessete, directly, given that he resides at the rectory next to our parish. 2. An additional four parking spaces added to the existing parking area at the subject property will not be sufficient for visitors and their guests. Our parish reasonably foresees that both visitors and guests of the subject property will park on both sides of Buchanan Avenue from the corners of Forsythe to Ferry Streets AND will park in our parking lot, taking up parishioner parking. I would kindly request that the herein correspondence be shared with the Council in order that it can review same prior to the Council Meeting on August 15, 2023 and that your office confirm that same has occurred via reply email at your earliest convenience. If you have any questions about the foregoing, please do not hesitate to contact me. Respectfully, Angela I. Salvatore ANGELA I. SALVATORE c. Reverend Father Kesseteberhan Hammad Page 66 of 457 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Vacation Rentals From: Loretta Burns < Sent: Sunday, August 13, 2023 12:37 PM To: Scott Turnbull <sturnbull@niagarafalls.ca> Subject: [EXTERNAL]-Vacation Rentals Hello: First and foremost I want to say I am not against progress and I appreciate tourism in Niagara Falls. In fact I was raised in a tourism neighborhood and worked in the industry before going off to school in Toronto. My major concerns are listed below: 1. Noise, on page 6 of Vacation Rental Unit Handbook the By-Law 2004-105 where it states to ask guests not do disturb local residents, perhaps it should state what I assume is still in effect, is that the by-law is that noise after 11:00 o'clock is prohibited. As far as officers responding to loud parties and noise, I can tell you it is not a reality. During the pandemic there was a disco party in the parking lot of the motel across the street. I called the police at 1:00 am and told the dispatch that because it was covid I didn't want to ask them to quiet down. She said don;t go over there she would send an officer. At 4:00 am they stopped, the officer never came. Afterwards the motel front desk said they had no guests with cars. 2. I would be happy to talk about this issue and the others listed below in the council meeting. 3. As well as there is a fine for parking noted, $30.00, but no fine noted for noise by-law. 4. Garbage, as the neighborhood expects responsibility for garbage disposal rules for everyone, absentee landlords have not been totally responsible in the past. Also no fine for irresponsible garbage disposal. 5. As far as parking overnight in this area and the no parking signs on North, ( not adhered to) it is like the wild west, Since my home is a triplex and I bought this home from my family estate it has had rentals since my parents bought it in 1957. from my Grandparents ( Third generation). I was brought up in this house and the apartments were never dumps. I have been a landlord for 25 years and follow all the rules including proper garbage disposal, maintaining my property and my tenants know that noise after 11:00 pm is prohibited. But, I lost tenants in the past because of noise, and not recently I have to say. Sincerely, Loretta Burns 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 67 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-01 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Item #7.1. PBD-2023-46 AM-2023-009, Zoning By-law Amendment 5705 Buchanan Avenue Proposal: To permit the existing 3-unit dwelling and add vacation rental units as a permitted use. Applicant: Vikrampal Moomie & Baljit Moomie Agent: Aaron Butler (NPG Planning Solutions) Council, [1] I approve of the following staff recommendations ➢ That Council approve the Zoning By-law amendment application to rezone the property to a site-specific Deferred Tourist Commercial (DTC) zone to permit the existing 3-unit dwelling, increase the maximum area of the rear yard which can be used as parking area, and to add vacation rental units as a permitted use, subject to the regulations outlined in this report. ➢ That the amending zoning by-law include a Holding (H) provision to require the owner to enter into an encroachment agreement with the City of Niagara Falls for the encroachments of the dwelling onto the City right of way unless the agreement is entered into prior to the passing of the implementing by-law. [2] Had I been elected to council, I would motion and approve the amendment application. [3] Council is requested to motion, and approve the amendment application. [4] Further, to St. Ann Parish's concerns, should the development cause issues, complaints can be filed with the city, and I believe three complaints will trigger a review whether the VRU licenses are revoked. Page 68 of 457 2 [5] Should St. Ann Parish's require assistance in such a matter, they may contact the TNFSC. [6] I want notice of the passing of the Official Plan and or Zoning By-law amendment and preserve the opportunity to appeal to the Ontario Land Tribunal and request full participation on all site plan matters. Page 69 of 457 3 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 70 of 457 PBD-2023-47 Report Report to: Mayor and Council Date: August 15, 2023 Title: Employment Lands Conversion: Official Plan Amendment No. 157 (Fraser Street, west of Stanley Avenue and lands east of Fourth Avenue, north of Hamilton Street) Recommendation(s) 1.That Council preliminary support Official Plan Amendment No. 157 with site specific conditions as outlined in this report. 2. That final Council approval of Official Plan Amendment No. 157 occur after public input has been collected and reviewed by staff. Executive Summary OPA 157, which permits the conversion of two employment land sites to a non -industrial use, is recommended for approval. This report also provides Council with information on the intent of OPA 157: Employment- Lands Conversion for the statutory public meeting as stipulated by the Planning Act. This City initiated amendment intends to convert two subject sites of employment lands to a non-industrial use.(i.e. residential) The two sites are in the vicinity of the Gale Centre and more specifically on lands centred around Fraser Street, west of Stanley Avenue and lands east of Fourth Avenue, north of Hamilton Street. For the most part, these two sites contain land uses (primarily residential) that do not conform to the current Industrial designation in the City’s Official Plan. The amendment recommends converting these lands to a Residential designation that will now reflect the existing land uses of both areas. Both sites are located in proximity to lands zoned Light Industrial, while the Fraser Street site is located to existing industrial uses. To address concerns raised by one of these operators (OLEO Energies on Thorold Stone Road) and ensure there are no land use conflicts with existing and future employment uses, policies have been included in OPA No. 157 to ensure new developments address land use compatibility including Provincial D6 guidelines. Background Page 1 of 14 Page 71 of 457 The City initiated an Official Plan amendment to consider the conversion of two additional candidate employment land sites to a non-industrial use. (see Appendix 1) These two sites were not investigated by the City’s Employment Lands Strategy and staff were made aware of potential land use conflicts through development inquiries. These lands are currently designated Industrial in the City’s Official Plan and given that both areas are primarily residential in nature they could be considered for non -industrial use. To determine if the potential conversions to a non-industrial use are appropriate and justified staff initiated an amendment process through OPA 157. PUBLIC AND STAKEHOLDER ENGAGEMENT A copy of the draft amendment was circulated and made available for public and agency review on June 14, 2023. An open house was held on June 27, 2023 where 4 individuals participated and submitted oral comments. The Planning Act requires that a statutory public meeting be held for amendments to Official Plans. A public meeting will be held at the August 15, 2023 Council meeting to receive comments from members of the public. All comments received on the amendment through all forms of engagement have been reviewed, summarized and responded to by staff in Appendix 2. Appendix 2 also provides the reader with the public body/stakeholder who submitted the comment, the nature of the issue and whether a modification could or could not be supported to the amendment provisions. Significant issues that prescribed commenting agencies and stakeholders have identified in the review of OPA 157 are addressed under Planning Analysis. Analysis Site Context and Surrounding Land Uses The two candidate conversion sites are located in the vicinity of the Gale Centre and more specifically on lands centred around Fraser Street, west of Stanley Avenue and on lands east of Fourth Avenue, north of Hamilton Street. The Fraser Street candidate site located immediately north of Fairview Cemetery, is bounded by Stanley Avenue to the east, George Street to the north and the Hydro Canal to the west. The site is approximately 3.8 hectares in size and contains land uses (primarily residential) that would not conform to the Industrial designation contained in the City’s Official Plan. It should be noted that there are 4 active businesses (service commercial in nature) in this candidate site. Page 2 of 14 Page 72 of 457 The second candidate site is located on lands along Second and Fourth Avenue, north of Hamilton Street. Land uses within the 2.5 hectare site are primarily residential however, the area also has an existing auto repair shop (service commercial) and a former ball hockey centre (commercial) that would also not be reflective of the land uses originally envisioned by the Industrial designation contained in the City’s Official Plan. Policy Context Provincial Policies: Provincial Growth Plan 2020 The subject lands are employment lands as they are located outside of designated employment areas. The 2020 Provincial Growth Plan provides a less prescriptive framework for assessing the conversion of employment lands outside of employment areas to a non-employment use. According to Section 2.2.5.14 of the Provincial Growth Plan, employment lands that fall outside of employment areas should follow a development criterion “to ensure that the redevelopment of any employment lands will retain space for a similar number of jobs to remain accommodated on site” As both candidate conversion sites are existing, long established residential neighbourhoods that have been designated Industrial in name only, there are only a limited number of existing business and thus jobs located within these two areas. With the approval of OPA 157, the few businesses with their respective workforces can continue to operate unimpeded into the foreseeable future. It is anticipated though in the fullness of time that the existing businesses may eventually vacate their current locations and allow the properties to redevelop to a residential use or mixed use state in key locations. Niagara Region Official Plan Similar to Provincial policy, the Niagara Region Official Plan contains a policy framework for assessing the conversion of employment lands located outside of employment areas. Policy 4.2.5.1 states that any proposed redevelopment of non -employment uses on employment land, outside of employment areas, shall retain space for a similar number of jobs to remain accommodated on site. Further, Policy 4.2.5.2 states that local official plans may contain criteria for employment land redevelopment to nonemployment uses outside of an employment area. City Official Plan OPA 157 proposes to amend the City of Niagara Fall’s Schedule A: Future Land Use by redesignating the two subject sites from Industrial to Residential to recognize and reflect the predominant land use.(see Appendix 3 & 4) Further, both candidate conversion sites are employment lands and not employment areas to be protected for long term employment use. Employment lands have a lower level of protection and can be potentially considered for conversion as the lands have limited ability to accommodate large scale or contiguous employment uses and that the conversion will not negatively impact the City’s employment base. In addition to Provincial criteria, each candidate Page 3 of 14 Page 73 of 457 conversion site was evaluated on a set of localized criteria which were also used in the City’s employment lands strategy. The criteria are listed below: A. Area is located outside of an established or proposed industrial/business park. (i.e. employment areas). B. Area is located away from surrounding designated employment lands. C. Area is surrounded by non-employment land uses on three sides. D. Conversion would not create incompatible land uses. E. Conversion of the lands would not negatively impact other employment lands in the area. F. Conversion would be consistent with/supportive of City planning objectives and does not contravene any City policy planning objectives. G. Area offers limited market choice for employment lands development due to small size, configuration and physical conditions. H. Area does not offer potential future expansion on existing or neighbouring employment lands. A B C D E F G H Fraser Street, west of Stanley Avenue site ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Fourth Avenue, north of Hamilton Street site ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ From a review of the above table, it is evident that the continuation of the Industrial designation would serve no economic purpose for several reasons. Both sites are primarily residential in nature and though designated Industrial for a considerable peri od of time have never seen significant redevelopment for employment purposes. Second, the subject lands offer limited economic opportunities as the properties are undersized for a typical employment use and significant consolidation of properties would be necessary which is unlikely to happen. If land consolidation were to be successful, the introduction of a new industrial use into this primarily residential area would create land use conflicts with nearby residential uses. This above analysis was confirmed by Watson Consulting who performed an independent assessment of the two candidate sites and concurred that the conversions to a non - employment (i.e. industrial) use are appropriate and suitable from a planning and economic perspective and would be consistent the City’s planning objectives. Page 4 of 14 Page 74 of 457 The westerly Fraser site is in proximity to two industrial operators (OLEO Energies on Thorold Stone Road to the north west and Ferti-Tech on Stanley Avenue to the south- east). The industries are located on lands zoned General Industrial (GI), which permits a wide range of industrial uses, including uses that may conflict with residential uses if the residential uses are within an area of influence and mitigation measures are not provided. Both sites are located close to Light Industrial (LI) Zoned Lands (e xtending from Stanley Avenue to east of the Gale Centre). These LI zoned lands permit a range of non -retail commercial uses, light manufacturing within fully enclosed buildings and warehousing. These uses are expected to have a more limited impact on residential uses. Appendix 5 shows the sites in relation to nearby industrial zoned lands. Provincial D -6 Guidelines mandate and area of influence of 70 metres for Class 1 (light) industrial uses that typically locate on LI zoned lands, and 300 metres for Class 2 (medium) industrial uses that could locate on GI zoned lands. As can be seen on the attached Appendix, the sites are approximately 30 to 40 metres away from lands zoned LI and GI and the east side of Stanley Avenue and about 120 metres away from GI zoned lands (where OLEO Energies is sited) to the northwest. Therefore the lands may fall into the area of influence of existing and future industries. To protect nearby existing and future employment uses from potential land use conflicts and to ensure lands zoned for employment are not constrained by new residential uses, staff have made both employment conversion sites a 'Special Policy Area' that will require that new future residential development on these lands have regard for compatibility with nearby existing and future industrial uses in terms of Provincial D -6 Guidelines or their equivalent. The D-6 Guidelines provide direction on when mitigation may be necessary (if a proposed residential use falls within an area of influence of an existing or proposed industry) and what land use compatibility studies are needed with residential development applications to determine necessary mitigation. This measure will address concerns raised by OLEO Energies, as detailed in Appendix 2. Next Steps City Council is the approval authority for OPA 157 as the amendment is exempt from Regional Council approval. Following the approval of OPA 157 by Council, staff will issue and circulate a Notice of Decision pursuant to Section 17 of the Planning Act. Approval of OPA 157, pending the 20 day appeal period, will allow staff to move forward and make the necessary revisions to Schedule A: Future Land Use to implement the changes of OPA 157. Staff will bring forward the adopting by-law at the September meeting of Council while considering any new comments. Conclusion Page 5 of 14 Page 75 of 457 Staff is recommending that Council approve OPA 157 as the conversion to a non - industrial use is appropriate from a planning perspective. Approval of this amendment will allow these two residential neighbourhoods to have a Residential designation that is more compatible with the surrounding area and properly reflects the existing land uses of both areas. Financial Implications/Budget Impact There are no direct financial implications arising from this report as the cost to process this proposed amendment (i.e. public notice requirements, staff time etc.) is included in the Planning Department’s 2023 operating budget Strategic/Departmental Alignment OPA 157 is consistent with the Vibrant and Diverse Economy and Diverse and Affordable Housing strategic priorities. List of Attachments Appendix 1 OPA 157 Location Map Appendix 2 OPA157 - Summary of Comments from Participants Appendix 3 OPA 157 Amendment Document Appendix 4 OPA 157 Amendment Schedule Appendix 5 Distance Between Sites and Industrial Zoned Properties Written by: Brian Dick, Manager of Policy Planning Andrew Bryce, Director of Planning Submitted by: Status: Andrew Bryce, Director of Planning Approved - 09 Aug 2023 Kira Dolch, General Manager, Planning, Building & Development Approved - 09 Aug 2023 Jason Burgess, CAO Approved - 09 Aug 2023 Page 6 of 14 Page 76 of 457 APPENDIX 1 Page 7 of 14 Page 77 of 457 Appendix 2 OPA #157 – EMPLOYMENT LAND CONVERSION FRASER STREET AND HAMILTON STREET SITES SUMMARY OF COMMENTS REMOTE OPEN HOUSE – June 28, 2023 @ 5pm Name Submitted Comments Staff Response Staff Action Aaron Butler, Niagara Planning Group • Inquired if the City has a specific density target in mind for the residential lands and referenced the new development of Fourth Ave with a density of 100 units/ha • The City does not have specific density targets in mind, the lands would be subject to the Residential policies. A higher residential density could be considered on a site- specific basis through an Official Plan Amendment. No action required. Oleo Energies Inc. Daniele Cudizio 5800 Thorold Stone Road • Inquired about the mapping on the notice including a rail spur that is currently used for the business and if the land use change would impact his ability to use the property for this use and how it would impact the potential expansion of the business. • He indicated there are already several mitigation measures in place as to not affect the residential to the north such as a berml. • Raised a concern about future residential development being impacted by the current noise and vibration from the industrial use that the existing residential is used to • Staff recognized the mapping error on the map sent out in the notice and ensured the designation change does not include the rail spur. • A future residential development in this area would need to comply with D-6 guidelines due to industrial use to the west (across the Hydro Canal). Mapping error to be corrected in amendment document. Page 8 of 14 Page 78 of 457 Marc Beaudry, Dun-Rite Aluminum and Vinyl Ltd. 4425 First Avenue • Indicated his question about residential density was previously answered. • Asked about the proposed mapping only covering a portion of his property. • Inquired if the residential designation could impact the industrial use of the property and if the business would be allowed to expand • Staff indicated the mapping followed what was previously in the Official Plan which does not follow parcel lines. Additionally, the portion of property not included is already residential so the change in designation would make the property all the same residential designation. • Staff indicated the OPA is only changing the designation not the zoning which does not impact the use of property. The industrial use can continue except if substantial change which would then require Committee of Adjustment approval. A substantial change would also need to be assessed against the existing residential land uses. No action required. Linda Pope and Stephen Lucas 5626 George Street • Raised an issue that she was unable to receive a residential mortgage from any bank or credit union due to the surrounding industrial uses and potential contamination. • Indicate there are a significant number of trucks and noise in the area resulting from the industrial use • Staff explained the zoning would not be changing just the Official Plan designation for future uses. Staff will consider however, the existing zoning for the subject property will remain in place. Page 9 of 14 Page 79 of 457 • Asked Staff to reconsider the proposed residential designation for George Street since there is limited residential use and concerns about devaluing property and possible resale. Written Comments received through circulation Name/Author Date Submitted Comments Staff Response Staff Action Danaka Kimber, City GIS June 15, 2023 No comment No response No action required Mike Embleton, Cogeco June 15, 2023 No comment on the proposed amendment. No response No action required Abby (LaForme) Lee, Mississaugas of the Credit First Nation June 16, 2023 No comments or concerns at this time. No response No action required Taran Lennard, NPCA June 16, 2023 No objections to the proposed amendmen.t No response No action required Willie Cornelio, Enbridge June 28, 2023 No objections to the proposed amendment. No response No action required Talitha Laurenson, Ontario Power Generation June 30, 2023 No objections to the proposed amendment. No response No action required Terry Masterson July 7, 2023 In support of proposed amendment. No response No action required Norm Lingard, Bell Canada July 11, 2023 No comments or concerns. No response No action required Brian Kostuk, Municipal Works July 14, 2023 No Concerns No response No action required Page 10 of 14 Page 80 of 457 Katie Young, Niagara Region, Growth Strategy and Economic Development July 18, 2023 Satisfied that the amendment is consistent with Provincial Policy Statement and conforms to Provincial and Regional plans. Amendment is exempt from Regional Council approval. No response No action required Page 11 of 14 Page 81 of 457 PART 2 – BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – BODY OF THE AMENDMENT, consisting of the following Map and Text Changes, constitute Amendment No. 157 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1.MAP CHANGE The “Area Affected by this Amendment”, shown on the map attached hereto, entitled “Map 1 to Amendment 157”, shall be identified as Residential and Special Policy Area “91”on Schedule A – Future Land Use to the Official Plan. 2.TEXT CHANGE PART 2, SECTION 13- SPECIAL POLICY AREAS is hereby amended by adding the following subsection: 13.91 SPECIAL POLICY AREA “91” Special Policy Area “91” applies to the 3.8 hectare site immediately north of Fairview Cemetery and is bounded by Stanley Avenue to the east, George Street to the north and the Hydro Canal to the west and a 2.5 hectare site located on lands along Second and Fourth Avenue, north of Hamilton Street. New residential development on these lands shall have regard for compatibility with nearby existing and future industrial uses in terms of Provincial D-6 Guidelines or their equivalent. Page 12 of 14 Page 82 of 457 APPENDIX 4 Page 13 of 14 Page 83 of 457 Light Industrial Use 40m 30m 120m General Industrial Use General Industrial Use Light Industrial Use 30m Page 14 of 14Page 84 of 457 Addresses: Fraser Street, west of Stanley Avenue and Hamilton Street, east of Fourth Avenue City initiated Official Plan Amendment Proposal: Industrial Land Conversion Official Plan Amendment No. OPA 157 Page 85 of 457 A GREAT CITY…FOR GENERATIONS TO COME Location Map Detached dwellings Commercial Gale Centre Detached dwellings General Industrial Use PROPOSED REDESIGINATION Commercial Heavy Industrial Use PROPOSED REDESIGINATION Page 86 of 457 A GREAT CITY…FOR GENERATIONS TO COME Location: Site 1 Commercial Park Industrial Use Total area: 3.8 hectares Fairview Cemetery Former Industrial Use PROPOSED LANDS FOR REDESIGINATION Page 87 of 457 A GREAT CITY…FOR GENERATIONS TO COME Location: Site 2 Detached dwellings Former Industrial Use Total area: 2.5 hectares PROPOSED LANDS FOR REDESGINATION Page 88 of 457 A GREAT CITY…FOR GENERATIONS TO COME Amendment Purpose ▪To investigate the conversion of two industrial (i.e. employment lands) sites to a non-industrial use. (Residential) ▪Current land use designation (Industrial) is historic. ▪Current use of the lands do not conform to the Industrial designation in the City’s Official Plan. ▪Without the conversion, the introduction of an industrial use to these areas could cause a future land use conflict.Page 89 of 457 A GREAT CITY…FOR GENERATIONS TO COME Amendment Purpose Page 90 of 457 A GREAT CITY…FOR GENERATIONS TO COME Planning Rationale Sites are located outside of an established or proposed employment area. Sites are removed from surrounding employment lands. Sites are surrounded by non-employment uses on 3 sides. Conversion would not create incompatible land uses. Conversion would not negatively impact other employment lands in the area. Page 91 of 457 A GREAT CITY…FOR GENERATIONS TO COME Planning Rationale Conversion would be consistent and supportive of the City’s planning objectives. Conversion does not go against City’s planning objectives. Sites offers limited market choice for employment development due to small lot size, configuration and market conditions. Sites do not offer potential future expansion on existing or neighbouring lands.Page 92 of 457 A GREAT CITY…FOR GENERATIONS TO COME Public Comments ❑No significant concerns raised by members of the public or stakeholder agencies. ❑To protect nearby existing or future industries from potential conflicts, future residential development shall have regard for Provincial D-6 guidelines or their equivalent. Page 93 of 457 A GREAT CITY…FOR GENERATIONS TO COME Recommendation That Council approve Official Plan Amendment No. 157 subject to the consideration of public input presented at the public Meeting– August 15, 2023.Page 94 of 457 OLEO ENERGIES INC. 5800 Thorold Stone Road Niagara Falls, ON Canada L2J 1A2 opa157_comments_publicmeeting_20230809.docx Page 1 of 2 DELIVERED BY EMAIL August 9, 2023 Mr. Andrew Bryce Department of Planning, Building & Development City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Bryce, Thank you for circulating Oleo Energies Inc. (Oleo) on the proposed Official Plan Amendment No. 157 which is considering the conversion of two subject sites of employment lands to a non-industrial use. The site we have an interest in and would like to provide comments for is at Fraser Street west of Stanley Avenue. The proposed conversion’s proximity to Oleo’s existing industrial operation and Oleo’s railway right-of- way should be addressed through extensive studies and mitigation measures. Oleo urges the municipality to undertake the necessary studies to assess the industrial activities surrounding the proposed conversion lands including Oleo’s active operation and railway activity and determine the potential impact on any potential non-industrial uses proposed on the subject site. Proper air, noise and vibration mitigation ensures that safety and quality of life is preserved for any future occupants of these lands. It should also be noted that Oleo will be seeking an environmental easement registered on title of the subject site, in addition to any warning clause resulting from the air, noise and vibration feasibility studies. The proponent may contact Oleo to satisfy this in the event that the conversion moves forward. We would like to note that there are no residential uses surrounding the proposed conversion area at Fraser Street, west of Stanley Avenue. To the north are industrial/commercial uses including Niagara Battery and tire, to the east is Fertitech fertilizers, to the south is our rail right-of-way and the Fairview Cemetery and to the west is our industrial lubricant and specialty chemical manufacturing facility. Development of sensitive uses in proximity to existing industrial operations and railway operations cultivates an environment in which land use incompatibility issues are exacerbated. It is for this reason that Oleo strongly opposes any conversions permitting non-industrial uses. We insist that Oleo’s comments are integrated into all consideration processes. Page 95 of 457 OLEO ENERGIES INC. 5800 Thorold Stone Road Niagara Falls, ON Canada L2J 1A2 opa157_comments_publicmeeting_20230809.docx Page 2 of 2 On behalf of Oleo, I would like to take this opportunity to thank you for providing us the opportunity to provide our input on the proposed Official Plan Amendment No. 157. Yours very truly, OLEO Energies Inc. Daniele Cudizio MCIP, RPP Page 96 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-02 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Item #7.2. PBD-2023-47 Employment Lands Conversion: Official Plan Amendment No. 157 (Fraser Street, west of Stanley Avenue and lands east of Fourth Avenue, north of Hamilton Street) Council, [1] I approve of the following staff recommendations, and request council approve the following staff recommendations. a) That Council preliminary support Official Plan Amendment No. 157 with site specific conditions as outlined in this report. b) That final Council approval of Official Plan Amendment No. 157 occur after public input has been collected and reviewed by staff. [2] For public transparency, Council is requested to ask staff to clarify recommendation "b", in that, if no new comments are presented during the meeting, council is being asked to approve the amendment tonight, and if comments are recieved that cannot be reviewed by staff, that final approval would occure at the next meeting. [3] I want notice of the passing of the Official Plan and or Zoning By-law amendment and preserve the opportunity to appeal to the Ontario Land Tribunal and request full participation on all site plan matters. Page 97 of 457 2 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 98 of 457 F-2023-22 Report Report to: Mayor and Council Date: August 15, 2023 Title: 2022 Parking Fund Budget to Actual Variance (Unaudited) Recommendation(s) That the Parking Fund Budget to Actual Variance report for the year ended December 31, 2022 BE RECEIVED. Executive Summary This report is intended to provide Council with information and details pertaining to the 2022 budget to actual variance results for the year ended December 31, 2022 for the Parking Fund. Within attachment 1, if there is a note number notation to the right of the variance column, there is a corresponding explanation to that note number located in the analysis section of this report. Please refer to this report in conjunction with the attachment. Background Council has expressed a desire to view actuals in conjunction with the budget. One goal of the Finance department is to provide Council with regular, quarterly budget variance reports. Financial statements for 2021 and 2022 are currently under audit, with 2021 audited financial statements expected to be presented to Council by the end of the calendar year. Staff have prepared the unaudited 2022 budget to actual results of the Parking fund. Analysis Attachment 1 contains the Parking Fund 2022 budget to actual variance. The following notes correspond to the statement contained in Attachment 1. Revenues 1. Miscellaneous Revenue includes Fines, Permits and User Fees and have a favourable variance of $216,538. These revenue sources totaling $1,257,148 greatly exceeded 2021 levels ($693,604) and are continuing to trend upwards, with the expectation that 2023 will see levels return to or exceed pre-COVID levels. Page 1 of 4 Page 99 of 457 2. Transfers from Special Purpose Reserves was budgeted at $421,017 but due to favourable revenue variances, only $236,625 was required. This funding is transferred from the tax levy supported operating budget and as a result there will be a subsequent savings in the general operating budget. Expenses 3. Materials have a favourable variance of $58,676 largely due to reduced maintenance requirements as a result of lack of "wear and tear" during COVID. There were also challenges in securing parts for parking machine repairs so the budget is anticipated to be fully spent in 2023. In addition, the budget for insurance claim expenses was not required as a result of no claims during the year. A smaller volume of ticket book purchases was required due to existing stock that was less utilized during COVID, resulting in a small savings in office supplies. Further savings were achieved for professional development and conferences by postponing training and development opportunities or attending virtually at no cost. These savings were offset by a slight budget overrun for electricity due to increased use of EV Charging stations which has been accounted for in the 2023 budget. 4. Contracted Services have an unfavourable variance of $81,561due to greater spending on Commissionaires than was budgeted. This was due to operational needs and an increase in traffic as COVID lockdowns ended. The budget for Commissionaires has been increased in the 2023 budget to account for the increase in traffic. Operational Implications and Risk Analysis The goal of the parking fund is to be self-sustaining. From 2020 to 2022 this goal was not achieved due to lost revenue from COVID-19, as well as the removal of parking on Clifton Hill and the change to seasonal only parking on Victoria Ave which removed approximately $250,000 in annual revenues. It is anticipated that overall lot and on - street parking revenue will continue to increase and help to fill this gap. The injection of funding from the Tax Rate Stabilization Reserve was not fully required, with only 56% of the $421,017 in budget funds required in 2022. This budget has been further reduced to $156,512 in 2023 and although it is too early to know for certain, it is anticipated that these funds will not be fully required. These are positive signs that indicate parking is returning to being self-sustaining and staff continue to work on long- term plans to ensure this is achieved. Financial Implications/Budget Impact Financial implications have been communicated above in the analysis section. Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments: Page 2 of 4 Page 100 of 457 1. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long - term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. Contributor(s) Paul Brown, Manager of Parking Services List of Attachments F-2023-22 Attachment 1 - 2022 Parking Fund Budget to Actual Comparison Written by: Jessica Sinkowski, Financial Analyst Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 08 Aug 2023 Shelley Darlington, General Manger of Corporate Services Approved - 08 Aug 2023 Jason Burgess, CAO Approved - 08 Aug 2023 Page 3 of 4 Page 101 of 457 Attachment 1 F-2023-22 August 15, 2023 2022 Budget to Actual Comparison Budget Actuals (Over)/ Under Budget Variance (Over)/ Under Budget Used 2022 2022 $%% REVENUES Fines 438,250 456,711 (18,461)(4.2%)104.2% Permits 119,160 138,982 (19,822)(16.6%)116.6% User Fees 483,200 661,455 (178,255)(36.9%)136.9% Miscellaneous Revenue 1,040,610 1,257,148 (216,538)(20.8%)120.8%[1] From Special Purpose Reserves 421,017 236,625 184,392 43.8%56.2%[2] Internal Transfers 421,017 236,625 184,392 43.8%56.2% TOTAL REVENUE 1,461,627 1,493,774 (32,147)(2.2%)102.2% EXPENSES Labour 461,328 456,682 4,646 1.0%99.0% Employee Benefits Allocation 133,262 123,906 9,356 7.0%93.0% Overtime 1,500 5,292 (3,792)(252.8%)352.8% Labour and Benefits 596,090 585,880 10,210 1.7%98.3% Materials 80,800 26,274 54,526 67.5%32.5% Professional Development 800 0 800 100.0%0.0% Insurance Premiums 165 172 (7)(4.1%)104.1% Conferences/Conventions 3,000 0 3,000 100.0%0.0% Membership/Subscriptions 1,400 0 1,400 100.0%0.0% Office Supplies 6,400 4,936 1,464 22.9%77.1% Electricity 2,200 4,706 (2,506)(113.9%)213.9% Materials 94,765 36,089 58,676 61.9%38.1%[3] Contracted Services 393,000 474,561 (81,561)(20.8%)120.8%[4] Snow Plowing 104,000 106,882 (2,882)(2.8%)102.8% Contracted Services 497,000 581,443 (84,443)(17.0%)117.0% Rents and Financial Expenses 83,000 87,289 (4,289)(5.2%)105.2% Internal Rent 84,392 96,694 (12,302)(14.6%)114.6% Indirect Costs 106,380 106,380 0 0.0%100.0% Internal Transfers 190,772 203,074 (12,302)(6.4%)106.4% TOTAL EXPENSES 1,461,627 1,493,774 (32,147)(2.2%)102.2% (Surplus)/Deficit 0 0 (0) PARKING FUND Page 4 of 4 Page 102 of 457 F-2023-24 Report Report to: Mayor and Council Date: August 15, 2023 Title: 2023 Capital Project Closing Report Recommendation(s) 1. THAT Council receive the report for information and approve the recommended transfers to/from reserves/reserve funds per Attachment 1; 2. THAT Council approve the closure of the projects listed in Attachment 1 and release any associated funding commitments; 3. THAT Council approve the Wet Weather Management Program Funding Adjustments as outlined in Attachment 2 to align the City’s approved capital budgets with Regional Program approvals; 4. THAT Council approve the recommended funding swaps, budget amendments and budget adjustments proposed in Attachment 3. Executive Summary Attachment 1 contains a summary of 79 capital projects to be closed. Staff has included recommendations on which reserves or reserve funds surplus funds can be transferred to as well as which reserves or reserve funds deficits can be funded from if applicable. The net impact of the recommended transfers is a $4,027,352 contribution to reserves or reserve funds and a reduction in budgeted commitments of $15,517,151 ($4,501,676 Net of Transit). 18summary a contains 2 Attachment of funding require projects, capital which adjustments to the Wet Weather Management Program funding from the Region. Staff approved capital budgets based on program submissions, and this summary is adjusting the budget to reflect the actual regional approvals for each project. Attachment 3 contains a summary of funding swaps staff are recommending to revise the funding source previously approved in existing capital projects. Attachment 3 also contains capital budget adjustments and amendments to provide su fficient budgetary approvals to needs funding address and account grant for to allow approvals procurements to proceed as planned. Background Page 1 of 13 Page 103 of 457 This report is being prepared to provide Council with an update on the status of capital projects. The projects outlined in this report have been grouped into several categories: Projects submitted for closure, including those requiring funding approval to close (Attachment 1), Wet Weather Management Program Funding Adjustments (Attachment 2), and projects where existing project funding is being swapped or existing capital budgets are being amended or adjusted (Attachment 3). Consistent with previous years, staff continues to Council with a closed capital report at least once a year. The project closure process is an important step in preparing for upcoming Capital Budget as it ensures that we have optimized the funding available to allocate during the budget process. Many of the projects outlined in Attachment 1 require a funding decision. Staff has recommended which reserve or reserve fund the project surplus/deficit should be transferred to/funded from. The projects outlined in Attachment 2 require approval for funding revisions to align the project budgets with the Regional approvals of Wet Weather Management Program funding. The projects outlined in Attachment 3 fall into a few groups. Some are amendments to or adjustments to increase funding for existing projects, often due to in-year grant approvals or to keep procurements on schedule. The others are adjus tments to reflect reductions made to accommodate other in-year scope changes that required immediate funding. Analysis As part of the preparations for the annual capital budget process, staff plan to bring forward at least one project close report to reduce the number of open projects to manage, review and analyze on an ongoing basis and maximize the funding available by uncommitting funds and transferring surpluses to reserves. In addition to closing projects as outlined in Attachment 1, this report also seeks to address budget-related adjustments outlined in Attachments 2 and Attachment 3, which can include changes such as revising funding sources and adding funds due to grant approvals or to support existing procurements. Staff will continue to review the status of capital projects on an ongoing basis to ensure that existing funding approvals are optimized for prompt project delivery or reprioritized to address immediate needs. Operational Implications and Risk Analysis There are no operational implications or risks associated with this report Financial Implications/Budget Impact Attachment 1 contains a summary of 79 capital projects that are either over or underfunded. Staff has included recommendations on which reserves or reserve funds Page 2 of 13 Page 104 of 457 surplus funds can be transferred to as well as which reserves or reserve funds deficits can be funded from. • 42 projects have surplus funding contributing a total of $4,732,694 to reserves and reserve funds. These projects are also reducing commitments on other funding sources by $612,395, some of which can be re-allocated via future capital budgets. • 12 projects require additional funding to facilitate closure requiring $705,342 in funding from reserves and reserve funds. These projects are reducing commitments on other funding sources (primarily debt) by $1,286,052. • 25 projects do not require any funding transfers and can be closed in their current state. These projects are also releasing budgeted funding commitments of $13,618,704, increasing funding available for future capital investment. It is important to note that $11,015,475 is related to Transit Amalgamation and the associated funding was transferred to the Region (DCs, ICIP, PGT) or avoided all together (Debt). Net of transit-related impacts $2,603,229 is still being uncommitted for future capital budget allocation. • The net impact of the 79 projects recommended for closure amounts to reserve transfers of $4,027,352 and a reduction in budgeted commitments of $15,517,151 ($4,501,676 Net of Transit). Attachment 2 contains a summary of 18 capital projects which require budget and funding adjustments to the Wet Weather Management Program funding allocation from the Region. The original budgets were approved based on program submissions, and this attachment provides a summary of the required adjustments to align each project with the approvals granted by the Region. Attachment 3 contains 14 capital projects which fall into a few groups. • Two (2) of the projects are increasing the budget due to in-year grant awards. • Two (2) are based on requests for additional funds required to complete ongoing works. • Four (4) are reductions to existing budgets as a result an amendment approved via report MW-2023-12 which expanded the scope of the 2023 Surface Treatment Program and expedited the works. • Two (2) are related to a transfer of funds between related parking projects to properly align the budgets with the project scope of each engagement. • Two (2) are related to a transfer of funds from a Niagara Falls History Museum project to a newly created project to expedite masonry work at the Museum prior to the winter. Page 3 of 13 Page 105 of 457 • Two (2) are to swap previous debt approvals for OLG funding to reduce the City’s debt burden and make debt room available for large upcoming capital investments. By completing this closing and adjustment report prior to the 2024 Capital Budget, it allows staff to more accurately assess the health of reserve and reserve fund balances, revise existing funding being utilized and amend budgets to facilitate procurement. This allows staff to optimize the amount of funding available for allocation duri ng the 2024 capital budget. Strategic/Departmental Alignment This report best aligns with the City’s Strategic Priority of “Responsible and Transparent Financial Management". List of Attachments F-2023-24 - Attachment 1 - 2023 Projects To Be Closed F-2023-24 - Attachment 2 - 2023 Wet Weather Management Program Funding Adjustments F-2023-24 - Attachment 3 - 2023 Funding Swaps and Capital Budget Amendments Written by: Jennifer Yarnell, Senior Financial Analyst Sebastian Zukowski, Senior Financial Analyst James Dowling, Manager of Capital Accounting Submitted by: Status: Tiffany Clark, Director of Finance Approved - 10 Aug 2023 Shelley Darlington, General Manger of Corporate Services Approved - 10 Aug 2023 Jason Burgess, CAO Approved - 11 Aug 2023 Page 4 of 13 Page 106 of 457 F-2023-24 - Attachment 1 - 2023 Projects to be Closed F-2023-24 August 15, 2023 Project Number Name of Account Year Opened Last Activity Approved Budget Total Net Expenses* (Over)/ Under Budget Unbudgeted Revenues Decrease in Funding Committed Committed Source** Transfer to/(from) Reserves Reserve/ Reserve Fund*** Bridges BC 18 Bridge Structure Safety Improvements (Various)2017 2023 345,000 258,133 86,867 1,620 (97,071) CCBF (8,584) CSPR50 BC 19 Robinson Street Construction 2018 2022 1,750,000 1,288,200 461,800 (214,025) OCIF 247,775 CSPR50 2,095,000 1,546,333 548,667 1,620 (311,096) 239,191 Building BP5 Service Centre Improvements 2011 2023 6,167,395 6,489,677 (322,282) 97,195 (225,087) OLG BP35 City Market Square - Demolition - Park St.2019 N/A 70,000 - 70,000 70,000 OLG BP36 Demolition of Old Recreation Building 2019 2022 255,000 249,812 5,188 5,188 OLG BP46-22 City Hall Chiller #1 Computer Replacement 2022 2022 17,000 14,906 2,094 2,094 CSPR105 6,509,395 6,754,395 (245,000) 97,195 - (147,805) Cemetery C26-22 Addition of Stained Glass Features to the Holocaust Memorial at Lundy's Lane Cem.2022 2022 57,500 60,475 (2,975) (2,975) CSPR28 57,500 60,475 (2,975) - - (2,975) Fire F80-21 Water Rescue Equipment 2021 2023 55,000 46,832 8,168 8,168 CSPR4 F81-22 Fleet replacement - Tanker 6 2022 2023 712,500 712,331 169 169 CSPR4 F82-22 PPE (Bunker Gear)2022 2023 100,000 97,161 2,839 2,839 CSPR4 F84-22 Motorola Portable Radios 2022 2023 25,000 21,137 3,863 3,863 CSPR4 F85-22 Matterport Investigations Camera 2022 2022 10,000 4,091 5,909 5,909 CSPR4 F86-22 Fleet Replacement - Engine 4 2022 2022 712,500 712,860 (360) (360) CSPR4 F87-22 Fleet New Request - Squad 1 2022 2023 235,000 239,081 (4,080) (4,080) CSPR4 F92-23 Decontamination Spray Packs 2023 2023 12,000 10,733 1,267 1,267 CSPR4 1,862,000 1,844,224 17,776 - - 17,776 Fleet FR6 2019 Fleet Equipment Replacement 2019 2022 3,052,000 3,039,122 12,878 168,026 180,904 CSPR85 3,052,000 3,039,122 12,878 168,026 - 180,904 General Government G27 HR - InfoHR Benefits Integration with Sun Life 2017 N/A 20,000 - 20,000 20,000 OLG G29 Direct IT Land Manager Upgrade 2018 2020 65,000 32,563 32,437 32,437 CSPR2 G40-20 Park St. Market Square Site Remediation 2020 2022 1,936,135 1,586,074 350,061 350,061 OLG G41-21 IS - Hardware Technology Purchases 2021 2023 300,000 273,963 26,037 26,037 CSPR2 G45-21 MW - Builterra 2021 2021 15,000 8,701 6,300 6,300 CSPR2 G48-22 Steam Unit For Weed and Graffiti Removal 2022 2022 66,000 60,745 5,255 5,255 OLG G60-23 New Backup Solution 2023 2023 425,000 400,243 24,757 24,757 OLG G61-23 Access Control Panel Replacements 2023 2023 40,000 37,347 2,653 2,653 CSPR2 2,867,135 2,399,637 467,498 - - 467,498 Page 5 of 13Page 107 of 457 F-2023-24 - Attachment 1 - 2023 Projects to be Closed F-2023-24 August 15, 2023 Project Number Name of Account Year Opened Last Activity Approved Budget Total Net Expenses* (Over)/ Under Budget Unbudgeted Revenues Decrease in Funding Committed Committed Source** Transfer to/(from) Reserves Reserve/ Reserve Fund*** Multiple Services MS 22 Level Avenue - Dixon to Dunn 2012 2020 1,637,738 1,108,347 529,391 44,534 (573,925) DCs - N/A MS40 Garner Road (Warren Woods Ave - McLeod Rd) Design 2019 2023 5,025,000 3,780,760 1,244,240 15,698 (1,259,938) DCs - N/A MS42-20 Winzen Subdivision - Cost Sharing (including Road Rehab for Cropp St. & Pettit Ave.)2020 2021 1,413,769 1,449,329 (35,560) (35,560) DCs MS48-20 Silvertown Area Functional Servicing Assessment Study 2021 2023 150,000 142,616 7,384 8,045 (9,879) OCIF 5,551 CSPR71 8,226,507 6,481,052 1,745,455 68,277 (1,843,742) (30,009) Parks P 79 (2017) Parks Infrastructure Improvements 2017 2023 232,408 64,363 168,045 (100,000) CSPR 68,045 OLG P 98 A.J. McKinley Park Playground Replacement 2018 2020 247,935 247,935 - - N/A P114 2019 Tennis and Basketball Court Improvement Program 2019 2022 750,000 709,154 40,846 40,846 OLG P121-20 Millennium Trail Fencing 2020 2020 93,492 93,813 (321) (321) CSPR1 1,323,836 1,115,265 208,571 - (100,000) 108,571 Parking PRKG 1 Parking Lot Reconstruction 2006 2021 340,247 286,708 53,539 (33,673) Parking Reserve 19,866 CSPR67 340,247 286,708 53,539 - (33,673) 19,866 Recreation and Culture RF9 Arena Complex (Gale Centre)2005 2012 39,890,552 40,106,860 (216,308) (71,472) External Contrib.(287,780) OLG RF 34 Outdoor Pools Priority Repairs 2016 2023 175,000 166,093 8,907 1,339 10,246 OLG RF 43 MacBain Community Centre Energy Plan Phase 1 & Phase 2 2017 2022 1,513,000 1,483,616 29,384 119,225 148,609 CSPR26 RF55-20 UPS Battery Replacement 2022 2022 8,300 7,443 857 857 OLG RF71-23 Niagara Falls Lions Club 2023 2023 30,000 30,000 - - N/A 41,616,852 41,794,012 (177,160) 120,564 (71,472) (128,068) Roads R 80 Emerald Ash Borer - Removal, Restoration & Replanting 2014 2021 895,000 896,190 (1,190) 3,139 1,949 CSPR32 R 82 Tree Inventory Project 2015 2018 325,000 193,170 131,830 838 132,667 CSPR32 R 94 Kalar Road Reconstruction (McLeod to N former Hydro Corridor)2017 2021 2,090,000 1,820,117 269,883 1,065 (270,948) DCs - N/A R121-20 2020 Asphalt Overlay Program 2020 2023 520,000 302,695 217,305 217,305 CSPR3 R122-20 2020 Road Rehabilitation Program 2020 2023 3,000,000 1,883,112 1,116,888 (1,117,509) Debt (621) CSPR3 R123-20 2020 Sidewalk Replacement Program 2020 2023 760,000 519,661 240,339 240,339 CSPR3 R126-20 Brown Rd/Kalar Rd - Widening/Sidewalk 2020 2023 364,000 296,162 67,838 (67,838) DCs - N/A R130-21 2021 Asphalt Overlay Program 2021 2023 223,000 219,161 3,839 (3,839) CCBF - N/A R131-21 2021 Asphalt Overlay Program (DC)2021 2023 277,000 114,426 162,574 (162,574) DCs - N/A R133-21 2021 Road Resurfacing (Mill & Pave) (DC)2021 2023 385,000 164,280 220,720 (220,720) DCs - N/A R134-21 2021 Surface Treatment 2021 2023 691,475 655,484 35,991 (35,991) CCBF - N/A 9,530,475 7,064,459 2,466,016 5,042 (1,879,419) 591,639 Page 6 of 13Page 108 of 457 F-2023-24 - Attachment 1 - 2023 Projects to be Closed F-2023-24 August 15, 2023 Project Number Name of Account Year Opened Last Activity Approved Budget Total Net Expenses* (Over)/ Under Budget Unbudgeted Revenues Decrease in Funding Committed Committed Source** Transfer to/(from) Reserves Reserve/ Reserve Fund*** Sanitary Sewer SS 25 Buchner Place Sewer Separation 2012 2018 130,100 75,571 54,529 1,607 (19,074) WWM 37,063 CSPR71 SS 26 Gunning & Mears Pumping Station Upgrades 2012 2023 1,085,400 1,285,518 (200,118) 66,912 (133,206) CSPR71 SS 34 Kitchener St Sewer Separation (Stanley to Portage)2014 2022 3,598,200 3,182,056 416,144 1,064,402 (92,660) WWM 1,387,886 CSPR71 & CSPR73 SS 53 Third Ave from Hamilton to North Limit - Sewer Sep/Watermain/Road 2016 2021 649,900 404,822 245,078 338 (26,217) WWM 219,199 CSPR87 & CSPR71 SS 55 Fourth Ave from Morrison to Bridge - Sewer Sep/Watermain/Road 2016 2021 1,514,400 1,073,966 440,434 1,191 (48,733) WWM 392,891 CSPR71 & CSPR73 SS 71 Eton Cr Sewer Separation 2018 2023 285,800 259,460 26,340 52,760 79,100 CSPR71 7,263,800 6,281,393 982,407 1,187,210 (186,684) 1,982,933 Transit T38 Bus Purchases for Region 2019 2020 - 5,001,594 (5,001,594) 5,001,584 (10) CSPR1 T47-20 In-Ground 3 Post Hoist (Artic Buses)2020 N/A 495,000 - 495,000 (495,000) ICIP & PGT - N/A T51-21 Transit Bus High-Definition (HD) Video Camera Systems 2021 N/A 990,000 - 990,000 (990,000) ICIP & PGT - N/A T53-21 Automotive Lift - 18,000 lbs (230")2021 N/A 44,000 - 44,000 (44,000) ICIP, DCs & PGT - N/A T54-21 Extension of Parking and Storage Facilities 2021 N/A 3,850,000 - 3,850,000 (3,850,000) ICIP, DCs & PGT - N/A T56-20 Radio/VOIP/Clever Aided Dispatch/Auto Veh Locator Upgrades 2020 N/A 880,000 - 880,000 (880,000) ICIP & PGT - N/A T57-20 Supervisor’s Vehicle 2020 2022 77,000 46,635 30,365 (22,267) ICIP 8,098 OLG T58-21 Fuel System Upgrade 2020 N/A 220,000 - 220,000 (220,000) ICIP & PGT - N/A T60-22 Industrial Floor Scrubber 2022 2022 60,000 45,706 14,294 14,294 CSPR1 T61-21 Driver Protection Systems 2021 2023 493,129 15,874 477,255 (477,255) PGT & Region - N/A T62-22 Refresh of Eleven (11) 60' WEGO Buses - CANCELLED 2022 N/A 2,507,500 - 2,507,500 (2,507,500) Debt - N/A T63-22 Refresh of Five (5) 40' Buses - WEGO - CANCELLED 2022 N/A 572,800 - 572,800 (572,800) Debt - N/A T64-22 Refurbishment of Two (2) 40' Buses - NFT 2022 N/A 679,100 - 679,100 (679,100) PGT - N/A T65-22 Replacement of One (1) Chair-a-Van Transit Bus 2022 N/A 143,000 - 143,000 (143,000) PGT - N/A T67-22 Purchase of Two (2) Shuttle Vans 2022 N/A 77,000 - 77,000 (77,000) PGT - N/A T68-22 Installation of Eight (8) Modems on Shuttles/Supervisors Vehicles 2022 2022 53,600 23,780 29,820 (29,820) PGT - N/A T70-22 Niagara Square Display Screens 2022 N/A 50,000 - 50,000 (50,000) PGT - N/A 11,192,129 5,133,589 6,058,540 5,001,584 (11,037,741) 22,383 Page 7 of 13Page 109 of 457 F-2023-24 - Attachment 1 - 2023 Projects to be Closed F-2023-24 August 15, 2023 Project Number Name of Account Year Opened Last Activity Approved Budget Total Net Expenses* (Over)/ Under Budget Unbudgeted Revenues Decrease in Funding Committed Committed Source** Transfer to/(from) Reserves Reserve/ Reserve Fund*** Transportation TSP-38 Traffic Calming Program 2018 2022 185,500 156,270 29,230 29,230 CSPR33 TSP45-20 Biggar Road EA 2020 2022 150,000 142,544 7,456 (7,456) DCs - N/A TSP49-20 Railway Sensors 2020 2021 444,000 391,560 52,440 4,895 (45,868) RSIP Grant 11,466 CSPR33 779,500 690,375 89,125 4,895 (53,324) 40,696 Water W 43 QEW Watermain Crossing - Kinsmen to Oakwood 2015 2022 1,980,000 1,732,108 247,892 5,798 253,690 CSPR73 W52 South End Bulk Water Station Design Services 2018 2020 50,000 56,758 (6,758) (6,758) CSPR73 W54 Residential Water Meter Replacement 2017 2022 12,128,289 11,848,583 279,706 279,706 CSPR71 & CSPR73 W58-20 Willinger Street Watermain Replacement 2020 2023 514,200 376,084 138,116 138,116 CSPR73 14,672,489 14,013,534 658,955 5,798 - 664,753 GRAND TOTAL 111,388,865 98,504,573 12,884,293 6,660,210 (15,517,151) 4,027,352 Notes: * Total Net Expenses: Life to date expenses excluding any allocations funded from a different source i.e. Labour Costs ** Committed Source: Indicates the source of the commitment, which is being decreased i.e. Grants, DCs, Debt, etc. ***Reserve/Reserve Fund Acronyms are as follows: CSPR - Capital Special Purpose Reserve | OLG - Ontario Lottery and Gaming Corporation Reserve | DCs - Development Charges Reserve Page 8 of 13Page 110 of 457 F-2023-24 - Attachment 2 - 2023 Wet Weather Management Program Funding Adjustments F-2023-24 August 15, 2023 ID Project Description Budget Amendment WWM Region Funding ADD/(Remove) Budget Amendment Water CSPR ADD/(Remove) Budget Amendment Sewer CSPR ADD/(Remove) MS51-20 Elm Street Sewer Separation 660.00$ (660.00)$ SS 70 Sanitary Sewer Network State of Good Repair Program (Year 1)(961,697.00)$ 961,697.00$ SS85-22 Dorchester Rd SS – Lundy’s Lane to Royal Manor Dr 575,940.00$ (575,940.00)$ MS52-20 Homewood Avenue Sewer Separation 620.00$ (620.00)$ MS53-20 Maple Street Sewer Separation 1,100.00$ (1,100.00)$ MS55-21 Dixon Street Sewer Separation (47,684.00)$ 47,684.00$ SS 72 South Niagara Falls Infiltration & Inflow Study to High Lift Sewage Pumping Station 35,000.00$ (35,000.00)$ SS78 George & Fraser Sewer Separation EA 50,000.00$ (50,000.00)$ STMS 46 Valleyway Drainage Environmental Assessment 37,500.00$ (37,500.00)$ STMS 52-21 Hodgson Subdivision Sewer Separation Strategy 64,000.00$ (64,000.00)$ SS80-20 Portage Road & Prospect Street Sewer Separation (Design)10,000.00$ (3,700.00)$ (6,300.00)$ SS 63 St. Peter Ave. Sewer Separation (27,600.00)$ 27,600.00$ SS 45 Allendale Avenue Sewer Separation (Ferry to Robinson)6,200.00$ (6,200.00)$ SS 63 St. Peter Ave. Sewer Separation 7,480.00$ (7,480.00)$ SS 64 St. James Ave. Sewer Separation 7,102.81$ (7,102.81)$ SS80-20 Portage Road & Prospect Street Sewer Separation (Design)122,776.00$ (122,776.00)$ MS 34 Bukator Drive & Rapids View Drive Sewer Separation (220,206.66)$ 220,206.66$ MS50-20 Armoury Street Sewer Separation (138.00)$ 138.00$ TOTAL (338,947)$ (4,800)$ 343,747$ 2023 Wet Weather Management (WWM) Regional Funding Adjustments Explanation: The above projects are being recommended for funding adjustments to align the budget with the Regional funding awarded and/or the total eligible amount of regional funding available. Original budgets were set based on initial program applications. These capital budget adjustments seek to align the capital project budgets with the Regional funding approvals to ensure we maximize the Regional funding available. Recommendation: Swap funding sources for WWM-funded projects as outlined in the table above to align capital budget allocations with Regional approvals.Page 9 of 13Page 111 of 457 F-2023-24 - Attachment 3 - Funding Swaps and Capital Budget Amendments F-2023-24 August 15, 2023 2023 Capital Budget Amendment - Grant Funding ID Project Description Total Amended Budget Existing Budget Budget Amendment Grant Funding ADD/(Remove) R157-23 Oak Wilt Program 510,000.00$ -$ 510,000.00$ TOTAL 510,000$ -$ 510,000$ 2023 Capital Budget Amendment - Budget Adjustment - TRANSFER FUNDS ID Project Description Total Amended Budget Existing Budget Budget Amendment Parking Reserve ADD/(Remove) TSP53-22 Downtown Parking Utilization Study 101,000.00$ 50,000.00$ 51,000.00$ PRKG46-20 City Wide Parking Strategy Plan 99,000.00$ 150,000.00$ (51,000.00)$ TOTAL 200,000$ 200,000$ -$ 2023 Capital Budget Amendment - Budget Adjustment - TRANSFER FUNDS ID Project Description Total Amended Budget Existing Budget Budget Amendment CSPR Funding ADD/(Remove) BP48-22 Niagara Falls History Museum - Humidifier Replacement 70,000.00$ 125,000.00$ (55,000.00)$ NEW Niagara Falls History Museum - Masonry Work 55,000.00$ -$ 55,000.00$ TOTAL 125,000$ 125,000$ -$ Explanation: Canada's first case of Oak Wilt has been found in Niagara Falls. The Canadian Food Inspection Agency (CIFA) has provided the City with a grant of $500,000 and the Invasive Species Centre (ISC) has provided a grant of $10,000 to try to prevent further spread of the disease Recommendation: Create a new Project (R157-23) with a budget of $510,000 funded by CFIA and ISC grants Explanation: Staff are undertaking several parking related studies via three (3) different capital projects (TSP53-22, PRKG46-20 and TSP47-23). This adjustment is simply revising the budgets to align better with the final project scopes for each. In this case additional funds from the City Wide Parking Strategy Plan are being moved to the Downtown Parking Utilization Study project. Recommendation: Approve a capital budget amendment to transfer funds between two (2) parking study related projects to align the budgets with the final scope and cost of each study charged to each project. Explanation: Staff was able to secure competitive pricing for the Humidifier replacement at the Niagara Falls History Museum and would like to use the remaining funds for an immediate need to repair the masonry work at the front of the Museum to avoid further damage over the winter months. Recommendation: Approve a capital budget amendment to transfer a portion of the existing approved budget for the Humidifier Replacement and the NF History Museum to a newly created capital project for the Museum in order to expedite the masonry works prior to the winter.Page 10 of 13Page 112 of 457 F-2023-24 - Attachment 3 - Funding Swaps and Capital Budget Amendments F-2023-24 August 15, 2023 2023 Capital Budget Amendment - Budget Adjustment - DEBT SWAP ID Project Description Total Budget Budget Amendment Debentures ADD/(Remove) Budget Amendment OLG Reserve ADD/(Remove) F88-23 Fleet replacement - Pumper 5 900,000.00$ (900,000.00)$ 900,000.00$ R128-21 Drummond, Portage & Gallinger Roads - Watermain Replacement, Sewer Separation and Road Reconstruction 6,633,700.00$ (535,000.00)$ 535,000.00$ TOTAL 7,533,700$ (1,435,000)$ 1,435,000$ 2023 Capital Budget Amendment - Region Request - ADDITIONAL FUNDS ID Project Description Total Amended Budget Existing Budget Budget Amendment CSPR Funding ADD/(Remove) BP47-22 WEGO/Transit Building Storm Sewer Lift Pump Upgrades 378,500.00$ 160,000.00$ 218,500.00$ TOTAL 378,500$ 160,000$ 218,500$ Explanation: During Transit Amalgamation, the City transferred the Transit Facility to the Region. A previously approved capital project had been started by the City but construction was unable to commence before the end of the 2022 construction season. The Facilities Department at the Region has taken over the project and is in the process of tendering the works. The preliminary budgetary estimates are not sufficient to cover the cost of the works, based on the tender results, so the Region has approached the City for additional funding to complete the works. The requested amount is inclusive of a small contingency. The City will only pay the actual amount incurred to complete the works. Recommendation: Approve a capital budget amendment to increase the total budget by an amount sufficient to award the tender for these works. The incremental budget amount is to be funded by Capital Special Purpose Reserves. Explanation: Staff have identified two projects where debt was approved as one of the original funding sources. Given increased interest rates and some planned future debt needs, staff is recommending that these projects be swapped to be funded by OLG reserves instead to increase future debt capacity. Recommendation: Approve a debt swap for the two (2) projects outlined above, to swap debenture funding to OLG reserve funding.Page 11 of 13Page 113 of 457 F-2023-24 - Attachment 3 - Funding Swaps and Capital Budget Amendments F-2023-24 August 15, 2023 2023 Library Capital Budget Amendments - ADDITIONAL FUNDS ID Project Description Total Amended Budget Existing Budget Budget Amendment Reserve Funding ADD/(Remove) Budget Amendment Grant Funding ADD/(Remove) L16 Victoria Avenue Upgrades (Children's Washroom Component)398,044.00$ 340,500.00$ 57,544.00$ L36 Carpeting - Victoria Ave. Branch 57,000.00$ 30,000.00$ 27,000.00$ TOTAL 455,044$ 370,500$ 27,000$ 57,544$ Explanation: At its meeting on February 10, 2023 the Library Board approved a 2023 Capital Budget Amendment for the Children's Washroom Component of the Victoria Avenue Upgrades Program due to a successful grant submission to the Enabling Accessibility Fund. This project will merge two inaccessible washrooms located in the Children's area at Victoria Library into one large accessible washroom in accordance with AODA standards. At its meeting on June 21, 2023 the Library Board approved a 2023 Capital Budget Amendment for the carpeting at the Victoria Avenue Branch totaling $27,000 from the Library's Property Reserve. This is to ensure the second phase of the carpet replacement be completed in a timely manner due to supply chain and logistic challenges which make it difficult when sourcing the same pattern and lot number before it is discontinued. Recommendation: Approve a capital budget amendment to increase the total budget for L16 by $57,544, funded by the Enabling Accessibility Fund Grant and to approve a capital budget amendment to increase the total budget for L36 by $27,000, funded by the Library Property Reserve.Page 12 of 13Page 114 of 457 F-2023-24 - Attachment 3 - Funding Swaps and Capital Budget Amendments F-2023-24 August 15, 2023 2023 Capital Budget Amendment - Budget Adjustment - REDUCE BUDGET ID Project Description Total Amended Budget Existing Budget Budget Amendment CCBF Reserve ADD/(Remove) Budget Amendment CSPR Funding ADD/(Remove) R135-21 2021 Road Rehabilitation 1,102,000.00$ 1,527,000.00$ (425,000.00)$ R136-21 2021 Sidewalk Repair & Replacement 366,000.00$ 541,000.00$ (175,000.00)$ R132-21 2021 Road Resurfacing (Mill & Pave)515,000.00$ 615,000.00$ (100,000.00)$ W59-20 North Street Watermain Replacement 956,100.00$ 956,100.00$ (150,000.00)$ TOTAL 2,939,100$ 3,639,100$ (700,000)$ (150,000)$ Explanation: Report MW-2023-12 increased the scope of the 2023 Surface Treatment Program by $850,000. In order to fund this increase, staff looked at other similar projects that were under budget and able to free up additional CSPR and Canada Community Building Funds (CCBF). Staff is recommending adjustments to four (4) projects in order to make the necessary funds available. Recommendation: Approve a capital budget amendment to reduce the budget, remove CSPR funds and uncommit CCBF funds for the four (4) projects outlined above, in order to fund an expanded scope for the 2023 Surface Treatment Program.Page 13 of 13Page 115 of 457 F-2023-25 Report Report to: Mayor and Council Date: August 15, 2023 Title: 2022 Development Charges Treasurer's Statement Recommendation(s) THAT Council receive this report and attachment for information. Executive Summary Per the Development Charges Act, 1997, S.O. 1997, c. 27, municipalities prepare an annual financial statement relating to development charge by-laws and reserve funds established under section 33. During fiscal period 2022, the City collected $4.58M in net development charges, $536K in net interest income and funded $3.79M in eligible growth related projects. The unaudited 2022 year end development charges deferred revenue balance is $29.95M. Attachment 1 provides detail. These funds will be used in future fiscal periods to fund eligible growth related projects as budgeted. The Treasurer's Statement for 2022 is attached as Attachments 1 to this report. Background The Development Charges Act, 1997, S.O. 1997, c. 27 requires that development charges be reviewed on a five-year cycle. The City of Niagara Falls' current Development Charges By-law 2019-69 was passed June 4, 2019. The Development Charges By-Law is scheduled to be updated in 2024. Municipalities prepare an annual financial statement referred to as the Treasurer's Statement, relating to development charge by-laws and reserve funds established under section 33 of the DC Act. The Treasurer's statement includes open ing and closing reserve balances, and listings of assets whose capital costs were funded under a DC by-law during that year. Analysis The purpose of development charges is to help offset the increase capital costs which are attributable to growth. The City's Development Charge Study, prepared by Hemson Consulting Ltd March 29, 2019, outlines the methodology to determine rates and identifies eligible development charge related projects. Development charges are Page 1 of 4 Page 116 of 457 collected relative to the increased growth related capital costs involved in delivering the following municipal services: General Government 1. Roads/Public Works/Fleet 2. Sidewalks 3. Parks and Recreation 4. Transit (Service Transferred to Region Jan 1/23) 5. Fire 6. Storm Sewer 7. Wastewater (Sanitary Sewer) 8. Water 9. Library Development charges for the majority of development types are collected at building permit issuance and recorded as deferred revenue. Development Charge revenue is recognized as amounts are used to fund eligible growth related projects that are included in the annual budget and identified in the City's development charge study. Development charge rates are indexed each year and included in the annual Schedule of Fees Bylaw. Operational Implications and Risk Analysis None. Financial Implications/Budget Impact None. Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments: 1. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources and by making sound long-term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources and accountable to our citizens and stakeholders List of Attachments F-2023-25 - Attachment 1 - 2022 Treasurer's Statement Written by: Jennifer Yarnell, Senior Financial Analyst James Dowling, Manager of Capital Accounting Submitted by: Status: Page 2 of 4 Page 117 of 457 Tiffany Clark, Director of Finance Approved - 08 Aug 2023 Shelley Darlington, General Manger of Corporate Services Approved - 09 Aug 2023 Jason Burgess, CAO Approved - 09 Aug 2023 Page 3 of 4 Page 118 of 457 F-2023-25 - Attachment 1 - 2022 Development Charges Treasurer’s Statement ROADS/PW/PARKS STORM TOTAL GEN. GOV'T FLEET TRANSIT & REC LIBRARY SEWER FIRE SIDEWALK WATER SEWER DEVELOPMENT 400108 400109 400110 400111 400112 400113 400114 400218 400219 400220 CHARGES BEGINNING BALANCE, JANUARY 1, 2022 437,246 5,837,781 2,244,831 6,711,308 525,473 809,618 4,022,327 1,019,092 1,831,078 5,088,825 28,527,579 REVENUES Net Development Charges 45,809 1,488,607 251,976 1,099,999 228,334 555,164 235,008 32,462 160,084 481,872 4,579,315 Net Interest Income 4,107 113,619 20,988 99,559 7,897 57,459 10,144 15,750 44,859 161,904 536,286 Transfers from former DCs Accounts 3,938 87,409 91,347 EXPENDITURES Transfers (to)/from Operating: Debt Charges re: MacBain Community Centre (989,637) (989,637) Debt Charges re: Garner Pumping Station (820,338) (820,338) Debt Charges re: Fire Station 7 (485,789) (485,789) OPG Sewer Easement (737) (737) Transfers (to)/from Capital: G49-22 Updated DC Background and CBC Strategy (15,440) (15,440) L37 Community Centre Improvements (17,498) (17,498) L40 Strategic Planning & Future Needs Study (22,003) (22,003) L42-20 Book Mobile - L43-21 Materials (2021)- L46-22 Collection Materials (37,877) (37,877) MS19 Fallsview - Ferry to Murray (21,058) (10,720) (31,778) MS39 Warren Woods Subdivision Phase 5 Stage 1 - Cost Sharing (Corrior Infrastructure Upsizing) (13,111) (1,363) (14,474) MS40 Garner Road (Warren Woods Ave - McLeod Rd)- MS42 Winzen Subdivision - MS44-20 Forestview Estates Subdivision - Cost Sharing (53,209) (227,344) (280,553) P13 Millennium Trail Section 2 Development - P63 Warren Woods Phase 1 Park & Trail (135,562) (135,562) P112 Fern Park Improvements & Trail Development (329,060) (329,060) P130-21 Warren Woods Trail Parkette Development (1,324) (1,324) R94 Kalar Road Reconstruction (McLeod to N former Hydro Corridor 1,104 (39) 1,065 R104 New Sidewalk Construction (2018)- R109 Pin Oak & Canadian Drive Reconstruction (9,137) (9,137) R124-20 Drummond Rd Improvements (1,042) (1,042) R126-20 Brown Rd - Kalar Rd (579) (579) R131-21 2021 Asphalt Overlay (DC)(281) (281) R133-21 Road Resurfacing (Mill & Pave) (DC)(1,826) (1,826) R137-21 Dorchester & Oldfield Intersection (61,844) (61,844) RF58-20 Recreation & Culture Strategic Plan - SS77 Garner Road Sanitary Extension Design (Black Forest Crescent - Forestview Boulevard) (34,343) (34,343) STMS33 Beaverdams Rd (LL to Kalar) - Storm & WM Replacement & Beaverdams SWM Pond (69,123) (69,123) STMS47 Beaver Valley SWM Pond Capacity - STMS49 Thompson's Creek Subwatershed Plan (45,226) (45,226) TSP44-20 Traffic Signal - New Installation - TSP45-20 Biggar Road EA (376) (376) TSP55-22 Transportation Master Plans - RFP and Scoping Project (28,825) (28,825) W62-21 Reixinger Watermain Design - QEW (86,224) (86,224) F53 Station #7 Design - Engineering - FR9 - 2019 Fleet Equipment Replacement (265,500) (265,500) - ENDING BALANCE, DECEMBER 31, 2022 475,660 7,138,052 2,517,795 6,455,283 684,326 501,240 3,781,690 1,067,304 1,710,370 5,617,476 29,949,196 City of Niagara Falls Treasurer's Statement (Unaudited) - Development Charges For the Year Ended December 31, 2022 Page 4 of 4Page 119 of 457 F-2023-26 Report Report to: Mayor and Council Date: August 15, 2023 Title: Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 Recommendation(s) That Council APPROVE the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. Executive Summary Property owners can seek remedy from property assessments that are not accurate due to in errors specific in changes to due or of Assessment the preparation Roll circumstances. These remedies are available by virtue of s.357 and s.358 of The Municipal Act, 2001. This report is provided to Council periodically during the fiscal year to attain Council approval of the changes afforded under these sections. This is the second report for 2023. Adjustments totaling $63,746 are being recommended in this report with allocations to be made to City, Regional and School Board revenue. In the 2023 Tax Levy Supported Operating Budget, an allowance has been established for these expenditures. At this time, the allowance provided in the Tax Levy Supported Operating Budget is adequate to account for the City’s proportionate share of approximately $22,311. Background This report is the second report this year in relation to s.357 and s.358 reductions. Analysis Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties; had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, underwent repairs/renovations preventing normal use for a period of longer than 3 months, became exempt, or a transposition, typographical, or clerical error was made. Page 1 of 3 Page 120 of 457 Financial Implications/Budget Impact The 2023 Tax Levy Supported Operating Budget provides an allowance for tax write-offs due to assessment appeals and tax write offs. Table 1 is a listing of all the properties that staff is recommending receive adjustments due to successful appeals. An amount of $63,746 in adjustments is listed. The City’s approximate portion is $22,311 and has been accounted for in the 2023 Tax Levy Supported Operating Budget. The balance of approximately $41,435 represents adjustments for the School Boards and the Region of Niagara. These adjustments will be made as part of the year end reconciliations. List of Attachments F-2023-26 Attachment Written by: Stephanie Young, Water Tax Administrator Submitted by: Status: Tiffany Clark, Director of Finance Approved - 08 Aug 2023 Shelley Darlington, General Manger of Corporate Services Approved - 10 Aug 2023 Jason Burgess, CAO Approved - 10 Aug 2023 Page 2 of 3 Page 121 of 457 (Pursuant to Section 358 and 357 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her/his records. Appeal Roll Number Name Address Tax Year Reason for Application Refund 2023-37 2725 010 006 20300 0000 John Chevalier 4123 Hickson Av 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $686.06 2023-42 2725 020 001 07600 0000 1162771 Ontario Ltd.4452 Morrison St 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $0.00 2023-41 2725 020 001 07600 0000 1162771 Ontario Ltd.4452 Morrison St 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $346.16 2023-43 2725 030 008 14000 0000 1584496 Ontario Inc.5507 Robinson St 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $804.98 2023-40 2725 040 005 08403 0000 2717981 Ontario Inc.3846 Portage Rd 2023 CHANGE IN TAX CLASS $0.00 2023-38 2725 050 003 14203 0000 Razwana Akhtar & Ohiduzzaman Mondol 4664 Pettit Av 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $272.64 2023-39 2725 050 003 14204 0000 Gregory & Loretta Wells 4668 Pettit Av 2023 RAZED BY FIRE, DEMOLITION OR OTHERWISE $300.85 2023-17 2725 090 003 04800 0000 1238838 Ontario Ltd 4500 Montrose Rd 2022 S. 359; GROSS OR MANIFEST ERROR -$525.17 2023-8 2725 090 006 42701 0000 City of Niagara Falls 7150 Montrose Rd 2022 CHANGE TO EXEMPT STATUS $27,487.04 2023-24 2725 090 006 42701 0000 City of Niagara Falls 7150 Montrose Rd 2023 CHANGE TO EXEMPT STATUS $28,732.88 2023-15 2725 120 009 05300 0000 Vedas Developers Inc.3665 Macklem St 2022 RAZED BY FIRE, DEMOLITION OR OTHERWISE $5,343.41 2023-40 2725 130 002 13334 0000 Sarah Hunter 3260 Avery Bv 2023 RAZED BT FIRE, DEMOLITION OR OTHERWISE $296.84 TOTAL $63,745.69 Approved this Report No.:F-2023-26 JAMES M. DIODATI, MAYOR BILL MATSON, CITY CLERK [*Any individual items not approved must be struck out and initialed.]Page 3 of 3Page 122 of 457 PBD-2023-051 Report Report to: Mayor and Council Date: August 15, 2023 Title: AM-2023-002 Minor Change to Zoning By-law Application Grand Niagara Draft Plan of Subdivision 8218, 8228, and 8547 Grassy Brook Road Applicant: Empire (Grand Niagara) Project GP Inc. Agent: Armstrong Planning I Project Management Recommendation(s) 1. That subject to subsection 34(17) of the Planning Act, Council pass a resolution to deem the change to the proposed Zoning By-law amendment to be minor in nature and that no further notice is necessary; and, 2. That Council approve the change to the proposed Zoning By -law amendment as detailed in this report and pass the implementing zoning by-law on Council’s agenda this afternoon. Executive Summary On May 30, 2023 Council approved the Draft Plan of Subdivision, Official Plan and Zoning By-law amendment applications for 8218, 8228, and 8547 Grassy Brook Road (refer to report PBD-2023-029). On August 3, 2023 the applicant requested amendments to the several of the approved Zoning By-law amendment regulations, including: reducing lot frontage, minimum front yard depth, and minimum interior side yard width for those lands zoned Residential 1F Density (R1F-1200) (for cottage style detached dwellings without garages); increasing maximum lot coverage, reducing minimum landscaped open space and amenity area for back-to-back townhouse dwellings for those lands zoned Residential Apartment 5D Density (R5D-1203) (for back-to-back townhouse dwellings); and, increasing the maximum height of building or structure for those lands zoned Residential Low Density, Group Multiple Dwelling (R4-1204 and R4-1205), and Residential Apartment 5E (R5E- 1206), and General Commercial (GC-1207) (for stacked and back-to-back townhouse dwellings); and, increasing maximum lot coverage and reducing minimum amenity area for back-to-back townhouse dwellings for those lands zoned R4-1205 and R5E-1206. Page 1 of 9 Page 123 of 457 The amendment to the zoning by-law application is supported for the following reasons: • The proposed amendments are minor departures from the approval granted by Council; • The amendments conform to Provincial, Regional, and City policies; and, • The proposed modifications to the R1F-1200, R5D-1203, R4-1204, R4-1205, R5E-1206, and GC-1207 zones maintain appropriate regulations for the proposed dwelling types and ensures the proposed development will be compatible with surrounding properties. Background Proposal On May 30, 2023 Council approved the Draft Plan of Subdivision, Official Plan and Zoning By-law amendment applications for 8218, 8228, and 8547 Grassy Brook Road. The development was approved to permit a total of 3,558 -5,387 dwelling units. The number of dwelling units and types and the layout of the draft plan of subdivision is not being amended. Refer to Schedule 1 for the draft plan of subdivision. The applicant has reviewed the approved zoning regulations with their proposed building designs and have realized several amendments are needed to facilitate the form. Analysis Zoning By-law The proposed revisions to the approved zone regulations are outlined and discussed below. Refer to Schedule 2 for the Zoning Schedule. The amending regulations on all those portions of the Subject Lands zoned R1F -1200: Approved Regulation Proposed Regulation Staff Recommendation Minimum lot frontage i. For an interior lot ii. For a corner lot 9 metres 11 metres 7 metres 9 metres SUPPORT Parking space will be provided in front yard (3 m x 6 m) instead of side yard. Page 2 of 9 Page 124 of 457 Minimum front yard depth 6 metres 3 metres SUPPORT The dwelling will be configured to provide the 6 m required for a parking space. Minimum interior side yard width 3 metres on one side 0.6 metres on the other side 1.2 metres on one side 0.6 metres on the other side SUPPORT As the parking space maybe relocated to be in the front yard and not required to be in the interior side yard. Maximum width of driveway or parking area in the front yard of a lot 3 metres To ensure the parking space will be perpendicular to the road a maximum width of parking area in the front yard is being established. The amending regulations on all those portions of the Subject Lands zoned R5D -1203: Approved Regulation Proposed Regulation Staff Recommendation Maximum lot coverage (i) For a back-to- back townhouse dwelling (ii) For all other uses permitted in a R5D zone 30 % 70 % 30 % SUPPORT The back-to-back townhouse design is intended to be a dense form of ground based massing. Minimum landscaped open space SUPPORT A suitable amount of landscaping will be provided. Page 3 of 9 Page 125 of 457 i. For a back-to- back townhouse dwelling ii. For all other uses permitted in the R5D zone. 25% of the lot area 15% of the lot area 25% of the lot area Minimum amenity area i. For a back-to- back townhouse dwelling unit ii. For all other uses permitted in a R5D zone. 20 square metres 10 square metres 20 square metres SUPPORT A suitable amount of amenity space is provided for the back-to-back townhouses. The amending regulation on all those portions of the Subject Lands zoned R4-1204: Approved Regulation Proposed Regulation Staff Recommendation Maximum height of building or structure 4 storeys or 12 metres, whichever is the lesser, subject to 4.7 of By-law No. 79-200 4 storeys or 14.5 metres, whichever is the lesser subject to 4.7 of By-law No. 79-200 SUPPORT The increase in height is required to accommodate potential pitched roof. The amending regulation on all those portions of the Subject Lands zoned R4-1205: Approved Regulation Proposed Regulation Staff Recommendation Maximum lot coverage (i) For a back-to- back townhouse dwelling (ii) For all other uses permitted in a R4 zone 35 % 70 % 35 % SUPPORT The back-to-back townhouse design is intended to be a dense form of ground based massing. Page 4 of 9 Page 126 of 457 Maximum height of building or structure 4 storeys or 12 metres, whichever is the lesser, subject to 4.7 of By-law No. 79-200 4 storeys or 14.5 metres, whichever is the lesser subject to 4.7 of By-law No. 79-200 SUPPORT The increase in height is required to accommodate potential pitched roof. Minimum amenity area i. For a back-to- back townhouse dwelling unit ii. For all other uses permitted in a R4 zone. 20 square metres 10 square metres 20 square metres SUPPORT A suitable amount of amenity space is provided for the back-to-back townhouses. The amending regulation on all those portions of the Subject Lands zoned R5E -1206: Approved Regulation Proposed Regulation Staff Recommendation Maximum lot coverage (i) For a back-to- back townhouse dwelling, and a stacked townhouse dwelling (ii) For all other uses permitted in a R5E zone 30% 70% 30% SUPPORT The back-to-back townhouse design is intended to be a dense form of ground based massing. Maximum height of building or structure (ii) For a stacked townhouse dwelling and a back-to-back townhouse dwelling For a stacked townhouse: 4 storeys for 12 metres, whichever is the lesser subject to 4.7 of By-law No. 79-200 For a back to back- townhouse: 4 storeys for 14.5 metres, whichever is the lesser subject to 4.7 of By-law No. 79-200 SUPPORT The increase in height is required to accommodate potential pitched roof. Page 5 of 9 Page 127 of 457 *previously separated 3 storeys or 10 metres, whichever is the lesser subject to 4.7 of By-law No. 79-200 Minimum amenity area i. For a back-to- back townhouse dwelling unit ii. For all other uses permitted in a R5E zone. 20 square metres 10 square metres 20 square metres SUPPORT A suitable amount of amenity space is provided for the back-to-back townhouses. The regulations on all those portions of the Subject Lands zoned GC -1207: Approved Regulation Proposed Regulation Staff Recommendation Maximum height of building or structure (ii) For a stacked townhouse dwelling and a back-to-back townhouse dwelling *previously separated For a stacked townhouse: 4 storeys for 12 metres, whichever is the lesser subject to 4.7 of By-law No. 79-200 For a back to back- townhouse: 3 storeys or 10 metres, whichever is the lesser subject to 4.7 of By-law No. 79-200 4 storeys for 14.5 metres, whichever is the lesser subject to 4.7 of By-law No. 79-200 SUPPORT The increase in height is required to accommodate potential pitched roof. suitable as supported are Staff, The modified as amendments, proposed lot by dimensions are provided for the affordable types of housing that are being promoted, suitable landscaping is provided for the dwelling types proposed, and the minor increase in height assists in allowing architectural features to provide for better building design that will have no impact on abutting properties. Page 6 of 9 Page 128 of 457 Operational Implications and Risk Analysis No operational implications and risk analysis. Financial Implications/Budget Impact The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. Strategic/Departmental Alignment The proposed modification to the zoning by-law amendment supports the Diverse and Affordable Housing Strategic Priority by providing housing to meet the needs of people of all ages. List of Attachments Schedule 1- Draft Plan of Subdivision Schedule 2- Zoning By-law Schedule Written by: Julie Hannah, Senior Manager of Current Planning Submitted by: Status: Andrew Bryce, Director of Planning Approved - 08 Aug 2023 Kira Dolch, General Manager, Planning, Building & Development Approved - 08 Aug 2023 Jason Burgess, CAO Approved - 09 Aug 2023 Page 7 of 9 Page 129 of 457 Schedule 1 Draft Plan of Subdivision Page 8 of 9 Page 130 of 457 Schedule 2 Zoning By-law Schedule Page 9 of 9 Page 131 of 457 PBD-2023-52 Report Report to: Mayor and Council Date: August 15, 2023 Title: AM-2021-010 Official Plan and Zoning By-law Amendment Minor Change to Proposed Zoning By-law Applicant: 2683421 Ontario Limited Agent: Zelinka Priamo Ltd. (Rob McFarlane) Recommendation(s) 1. That subject to subsection 34(17) of the Planning Act, Council pass a resolution to deem the revision to the Zoning By-law amendment application to be minor in nature and that no further notice is necessary; and, 2. That Council approve the revision to the Zoning By-law amendment as detailed in this report. Executive Summary On June 20, 2023, Council approved an Official Plan and Zoning By -law amendment application (AM-2021-010) to rezone the lands known as 7449 Montrose Road to permit a 382 unit residential development on the subject lands. The approval was subject to an exterior side yard width of 12.4 metres, and to the recommendations and regulations of report PBD-2023-037. On July 14th, 2023, the applicant requested the previously approved 12.4 metre exterior side yard width be amended to 10.9 metres and to permit a projection of balconies and canopies into a required side yard of 1.5 metres whereas 0.45 metres is the maximum permitted projection. The 10.9 metre width and 1.5 metre projections were shown on the site plan presented to Council at the June 20th meeting. There will be no changes to the layout of the plan seen in Schedule 2 as a result of the requested amendment. The amendment to the application’s zoning request is supported for the following reasons: • There are no adverse impacts anticipated, the setback will continue to engage the Montrose Road street frontage, and the amendment permits for a compact, urban form of development. Page 1 of 5 Page 132 of 457 Background Proposal On June 20th, 2023, Council approved 2683421 Ontario Limited’s Official Plan and Zoning By-law amendment application (AM-2021-010) to rezone the lands known as 7449 Montrose Road to permit a 382-unit residential development. The development was approved with a 13 storey apartment, an 8 storey apartment, and 10 blocks of 3 storey townhouses. Refer to Schedule 1 to locate the lands. Since Council’s approval, it has been identified that a requested zoning regulation did not reflect the plan presented to Council at the June 20th, 2023 meeting (see Schedule 2). The Zoning By-law amendment requested a 12.4 metre exterior side yard width from Montrose Road. The plan presented to Council shows a 10.9 metre setback to the nearest building (townhouses). The requested regulation was overlooked due the wording of the request. The agent intended the 12.4 metre setback to be from the centreline of Montrose Road, whereas Planning Staff interpreted the request as a setback from the exterior lot line along Montrose Road. Analysis The approved Zoning By-law amendment requested an exterior side yard width of 12.4 metres from Montrose Road. The site plan presented to Council on June 20th, 2023 provided an exterior side yard width of 10.9 metres from Montrose Road to the proposed townhouses and a 1.5 metre projection of balconies and canopies. Staff have no issue with the reduction to exterior side yard width and increase to the maximum permitted projection of balconies and canopies. No adverse impacts are anticipat ed, the proposed setback will continue to engage Montrose Road street frontage, and it will allow for a more compact, urban form of development. Operational Implications and Risk Analysis There are no operational implications or risk to the City. Financial Implications/Budget Impact The proposed development will provide development charges, cash-in-lieu of parkland dedication and new tax assessment for the City. Strategic/Departmental Alignment This proposal contributes to developing a strong and diverse housing market to provide housing choices for all residents. List of Attachments Schedule 1 - Location Map Schedule 2 - Site Plan Written by: Page 2 of 5 Page 133 of 457 Alexa Cooper, Planner 2 Submitted by: Status: Andrew Bryce, Director of Planning Approved - 08 Aug 2023 Kira Dolch, General Manager, Planning, Building & Development Approved - 08 Aug 2023 Jason Burgess, CAO Approved - 08 Aug 2023 Page 3 of 5 Page 134 of 457 SCHEDULE 1 (Location Map) Page 4 of 5 Page 135 of 457 SCHEDULE 2 (Site Plan) 10.9m Exterior Side Yard Width + 1.5m projection of balconies and canopies Page 5 of 5 Page 136 of 457 F-2023-16 Report Report to: Mayor and Council Date: August 15, 2023 Title: 2021 (unaudited) Budget to Actual Variance Report - Tax Levy Supported Operating Fund Recommendation(s) THAT Council RECEIVE report F-2023-16, 2021 (unaudited) Budget to Actual Variance Report - Tax Levy Supported Operating Fund for information. Executive Summary The purpose of this report is to show Council the final draft (unaudited) 2021 budget to actual results for the Tax Levy Supported Operating Fund explaining any large variances and final reserve entries. Within the attachment, if there is a note number notation to the right of the variance column, there is a corresponding explanation to that note number located in the analysis section of this report. Please refer to this report in conjunction with the attachment. Similar to 2020, the 2021 year was still very much affected by the COVID -19 pandemic. Effective March 11, 2020 the COVID-19 outbreak was declared a pandemic by the World Health Organization and has had a significant financial, market and social dislocating impact. Background Effective for the 2019 year end, staff began preparing annual budget to actual variance reports for the Tax Levy Supported Operating Fund, Water/Wastewater Fund and the Parking Fund. Finance staff continue to work towards clearing the backlog of outstanding reporting and have prepared the unaudited Tax Levy Supported Operating Fund Budget to Actual variance report for the 2021 year end . A similar report for 2022 will follow as soon as year end work is completed. Finance staff's goal for the 2024 year and forward is to transition from an annual variance report to three (3) variance reports throughout the year showing the results of budget to actual variances for Q2, Q3 and Q4. Staff feel there is little value in preparing a Q1 variance report, with spending during January to March being so preliminary which is the reason a Q1 variance report is not being recommended. Other relevant reports relating to 2021 year end: Page 1 of 14 Page 137 of 457 • F-2021-45 - Capital Project Closing Report as at June 30, 2021 - August 10, 2021 Council Meeting • F-2022-36 - 2021 Parking Fund Budget to Actual Variance (unaudited) - July 12, 2022 Council Meeting • F-2022-41 - 2021 Water & Wastewater Budget to Actual Variance (unaudited) - August 9, 2022 Council Meeting Analysis Attachment 1 contains the overall Tax Levy Supported Operating Fund 2021 budget to actual results (unaudited). Within the attachment, if there is a note number notation to the right of the variance column, there is a corresponding explanation to that note number located in the analysis section of this report. Please refer to this report in conjunction with the attachment. Revenues 1. Overall Revenue has a favourable variance of $5,321,021 or 4.1% over budget. This 4.1% variance will be explained below. 2. Taxation City General and Urban has a favourable variance of $1,142,888 or 1.5% over budget. This is due to supplemental tax billings that a re not known at the time of budget creation. 3. Federal Grants have an unfavourable variance of $323,448 or 23.6% under budget. The City budgeted for $600,000 in grant revenue and $600,000 in spending for a Tourism Connectivity Study however actual spending in 2021 was only $141,552 (also noted in number 27), with the remaining $458,448 in grant funds being deferred to 2022 for spending. The City was also fortunate to receive additional federal grants that were not anticipated totaling $115,000 for the museum. 4. Provincial Grants have a favourable variance of $2,180,881 or 106.5% over budget. The City budgeted for $819,110 of Safe Restart Funding for Transit but was fortunate enough to receive $2,881,313 in funding, which results in a positive variance of $2,062,203. 5. Other Municipalities has a favourable variance of $237,378 or 9.2% over budget. The City had an unfavourable variance of $238,040 in Inter-Municipal Transit (IMT) funding with a budget of $2.56M and actuals of $2.32M however additional unbudgeted funding of $305,418 was received from the Region to cover vaccine clinic expenses and $150,000 to cover homeless expenses which both offset the unfavourable IMT variance. Page 2 of 14 Page 138 of 457 6. Casino funding had a favourable variance of $2,662,556 or 45.2% over budget. At the time of budget setting the City was uncertain when the Casino would reopen during 2021 and as a result budgeted only the bare minimum property tax subsidy relief amount of $5,895,000. The Casino reopened in July 2021 and actual funding received totaled $8,557,556. The additional $2,662,556 was transferred to the OLG Reserve Fund to be used for Policing, Hospital Funding and Capital Asset Investment which also explains the variance of $2,662,556 in the Transfers to Reserve Funds line item (Number 31) 7. Investments have an unfavourable variance of $203,423 or 8.1% under budget. Though staff reduced the 2021 investment income budget for bank interest and investment income from $2,270,000 in 2020 down to $1,070,000 in 2021, actuals for those two specific accounts were only $866,576 creating the variance noted above. This is due to COVID and it's effects on the market with the bond markets negatively impacting our investment portfolio during 2021. 8. Other Revenue has an unfavourable variance of $455,063 or 7.0% under budget largely due to the Municipal Accommodation Tax (MAT). MAT is collected by the City from the hotels/motels and 95% is then given to Niagara Falls Canada Hotel Association (NFCHA) with the City keeping 5% as an administration cost. Money collected from accommodation providers is budgeted in “Other Revenue” for $2,490,000 and the money given to NFCHA is budgeted in “External Transfers” (number 28) for $2,365,500. Although staff had reduced the budget in 2021 from $4M to $2.49M actuals only came in at $2.0M resulting in a $490 ,000 unfavourable revenue variance. There is an additional variance on the expense side related to MAT in external transfers of $465,000 for a net variance to the bottom line of $25,000. 9. Penalties and Interest have an unfavourable variance of $160,985 or 10.6% under budget. During 2020, Council decided not to charge any penalty and interest for the five months April through August 2020 and reduced interest from 1.25% per month to 0.50% per month for October through December as a COVID relief to taxpayers. Council made a further decision to extend the 0.50% interest to September 30, 2021. Though staff adjusted the penalty and interest budget to account for these Council decisisions by reducing it from $2M to $1.5M, at the time of calculations staff were expecting a return to 1.25% per month for October through December. Council however decided to increase the rate only up to 1.00% per month until May 1, 2022. 10. Permits have a favourable budget variance of $1,585,765 or 100.7% over budget. This is due to the Building department budgeting $1.57M in permit revenue with the uncertainty of COVID but receiving $3.2M. As a result and as indicated in number 15 below, the overall favourable variance in the Building Department meant that the budgeted transfer of $616,083 from SPR was not required but rather a transfer to the Building SPR of $1.35M occurred (number 15 and 32) Page 3 of 14 Page 139 of 457 11. Provincial Offences Act (POA) has an unfavourable budget variance of $50,521 or 33.7% under budget. POA funding and estimated budget is p rovided from the Regional Municipality of Niagara. Actual court revenues differed significantly from expected revenues during COVID resulting in the unfavourable variance. 12. Rents have an unfavourable budget variance of $126,509 or 56.9% under budget specifically in the following areas, due to COVID: Transit facilities budget of $47,720 with actuals of $12,078 Older Adults with a budget of $8,856 and actuals of $0 Gale Centre with a budget of $17,815 and actuals of $0 MacBain Community Centre with a budget of $64,583 and actuals of $5,198 13. User Fees have an unfavourable budget variance of $278,259 or 6.7% under budget largely due to arena revenue not coming in as high as estimated during budget time, however there were also positive variances offsetting the arena losses. Chippawa Arena user fees budget $95,000, with actuals of $4,853 results in an unfavourable variance of $90,147 Gale Centre Arena User fees budget of $1,287,500 with actuals of $843,763 results in an unfavourable variance of $443,737 Planning fee revenue budget of $330,000 with actuals of $406,985 results in a favourable variance of $76,985 Legal fee revenue budget of $82,000 with actuals of $156,151 results in a favourable variance of $74,151 Committee of Adjustment fee revenue budget of $162,000 with actuals of $195,525 results in a favourable variance of $33,525 Transit user fee revenue budget of $1,006,800 with actuals of $1,069,740 results in a favourable variance of $62,940 14. Transfers from Capital Special Purpose Reserves contained no budget however $118,070 of capital revenue was transferred into the operating budget. This is due to staff oversight of not budgeting the capital budget of $118,070 for the Niagara District Airport Commission and not budgeting the corresponding Page 4 of 14 Page 140 of 457 transfer from capital special purpose reserves. There is no bottom line impact due to these two variances. 15. Transfers from Special Purpose Reserves has an unfavourable budget variance of $998,427 or 33.8% under budget. This is due to the following factors: Transfer from Special Purpose Reserve for Building department budgeted at $616,083 with actuals of $0 as Building had a surplus for the year (num ber 10) Transfer from Special Purpose Reserves for Doctor Recruitment budgeted for $300,000 with actuals of $63,865 resulting in an unfavourable revenue variance of $236,135. There is an offsetting favourable variance on the expense side, thus there is no bottom line impact for this item (number 22) Transfer from Special Purpose Reserves for Winter Maintenance to cover lease costs of sweepers was budgeted for $300,000 with actuals of $231,206 resulting in an unfavourable revenue variance of $68,794. There is an offsetting favourable variance on the expense side, thus there is no bottom line impact for this item. 16. Transfers from Reserve Funds has a favourable budget variance of $1,216,977 or 153.5% over budget. With the uncertainty surrounding when the Casino's would reopen staff did not budget any expenses or corresponding transfer from OLG reserve funds for the Casino Policing Unit. In actuality, the Casino opened in July 2021 and the City received $8,557,556 in funding for the 2021 year (number 6 above) of which 18% or $1,540,360 is owed to the Casino Policing Unit. Due to an overpayment in 2020 however there was a $334,610 credit resulting in total 2021 payments to the Casino Policing Unit of $1,205,750. This same amount was then transferred from the OLG Reserve Fund to cover the expenses. There is no bottom line impact due to these two variances. 17. Transfers from Gas Tax Reserve Fund has an unfavourable budget variance of $1,363,563 or 71.9% under budget. At the time of budget preparation staff were uncertain whether any future safe restart funding would be available for Transit and as a result budgeted an additional $1.6M in gas tax funding to cover anticipated COVID losses. During the year (and as noted in number 4 above) there was an announcement of further Safe Restart Funding for Transit thus the additional budgeted gas tax transfer was not required. 18. Internal Rent has a favourable budget variance of $333,344 or 6.7% over budget as actual expenses related to repairs and maintenance were higher than estimated due to an aging fleet. As a result of the higher expenses, more rent was recovered from departments. There is a similar variance on the expense side (number 29 in Attachment 1) as the transfer to the fleet replacement capital special purpose reserve was $1,807,619 versus the $1,558,105 budgeted (number 30) Page 5 of 14 Page 141 of 457 EXPENSES 19. Overall Expenses have an unfavourable variance of $5,298,681 or 4.1% over budget with a budget of $128,654,721 and actuals of 133,953,402. This $5.3M variance will be explained below. 20. Labour and Benefits have a favourable variance of $2,766,866 or 4.2% under budget. As mentioned in number 30 below, $1,188,012 of this variance isn't a true variance but rather a variance between labour and benefits and transfers to/from capital special reserves. This occurred due to a change in process regarding capitalized salaries. The true variance is $1,578,000 which is largely due to gapping with the following variances to note: $105,000 under budget in Clerks due to gapping of FOI Coordinator position which was new in 2021 but not filled until August. $216,000 under budget in Human Resources due to estimates of contract increases. $282,500 under budget in Legal Services due to City Solicitor and Deputy Solicitor position not being hired during 2021. $172,000 over budget in Fire Services due to leaves of absence. $254,000 under budget in Transportation Services due to Crossing Gu ard layoffs and reductions to hours related to COVID. $299,000 under budget in Transit due to layoffs and reductions to hours related to COVID. $102,000 under budget in Recreation Programs due to the Older Adult (60+) facility being closed for part of 2021. $393,000 under budget in Recreation Facilities due to Arena's being closed for part of 2021. Some recreation staff were seconded to the Region to assist with COVID clinics, for which their labour expenses and the corresponding funding from the Region was moved to the Emergency Services accounts. $194,000 under budget in Building Services due to gapping, for example Manager of Building Services did not start until March 2021 among other positions. $98,000 over budget in Business Development Services due to additional hires funded by grant monies. Page 6 of 14 Page 142 of 457 21. Overtime has an unfavourable variance of $1,562,828 or 143.8% over budget. This is largely due to Fire Services which accounts for $1,821,000 of this variance due to staff on leave. Fortunately overtime savings were found in other areas, such as $81,000 in winter maintenance and $113,000 in Transit to partially offset the Fire variance. 22. Materials have a favourable variance of $997,280 or 8.3% under budget. There were many variances both under and over budget throughout the year concerning materials and in many cases in areas where materials was under budget, contracted services was in turn over budget. The largest variances are as follows: $236,000 under budget for Doctor Recruitment which has an offsetting variance in revenue as well, mentioned in number 15 above. $222,000 under budget in Winter Control, however as mentioned in number 27, this area was over budget by $211,000 in contracted services, thus the variances roughly offset each other. $298,000 under budget in Transit spending, however as mentioned in number 27, this area was over budget by $266,000 in contracted services. $136,000 under budget in Recreation Facilities largely due to underspending at the MacBain Centre. 23. Professional Development, Advertising and Conferences are all under budget due to COVID with favourable variances of $228,137 (65.7%), $65,363 (28.5%) and $122,267 (86.2%) respectively. 24. Insurance has an unfavourable variance of $242,864 or 12.1% over budget. Although staff increased the insurance budget by 8% in 2021 as compared to 2020 actuals, this was not sufficient in a hard insurance market with actual insurance costs increasing 21% as compared to 2020 actuals. 25. Goods for Resale have a favourable variance of $175,570 or 83.4% under budget due to Transit diesel sales for GO Transit declining significantly due to COVID with a budget of $164,000 and actuals totaling $0. Although there was a corresponding variance in sales for GO Transit with a budget of $174,000 and actuals of $0, the unfavourable sales variance was offset by a favourable sales variance in Cemeteries of $132,000 (Budget $250,000 and actuals $382,000) 26. Utilities have a favourable variance of $427,900 or 11.9% under budget mainly due to recreation facility closures throughout the year as mandated by the Province as well as the Service Centre being closed for most of 2021 while renovations were ongoing. Page 7 of 14 Page 143 of 457 27. Contracted Services has an unfavourable budget variance of $1,053,779 or 6.3% over budget. There were many variances both under and over budget throughout the year concerning contracted services and in many cases in areas where contracted services was over budget, materials was in turn under budget. The largest variances are as follows: $765,000 over budget in legal due to external counsel being required while the City searched for a full time solicitor. In house solicitor was not hired until January 2022. There is partially offsetting savings in labour and benefits which was under budget by $282,000. $337,270 over budget in Emergency Services due to COVID. $1,205,750 over budget in Casino policing however offsetting variance in revenue area as well, as mentioned in number 16 above. $365,000 under budget in Roadways due to underspending in paved roads (budget $732,000, actuals $405,000) which included budget items for patching, hard top restoration, base/shoulder repairs, crack sealing and structure rehab for bridges and culverts as well as underspending in unpaved roads of $60,000 budgeted for shoulder pilot program and dust control. $211,000 over budget in Winter Control due to a large invoice for $168,000 related to disposal costs for street sweeping material that was not budgeted for as well as $79,000 in locate costs not budgeted for in contracted services. As mentioned in number 22 above, there was an offsetting variance of $222,000 under budget in materials in this area. $155,000 under budget in streetlighting costs as there was a longer lag time for the contractor to get materials in (3 months versus 6 weeks normally) therefore less work could be completed. $571,000 under budget in Engineering and Development as less inspections than estimated occurred during the year and less money than expected spent on consultant fees. $256,000 over budget in Transit largely due to additional repair work required on the building. There is an offsetting amount in materials (number 22 ) of $298,000 under budget. $197,000 under budget in Traffic as only one application of pavement markings was done as opposed to two as a cost savings measure. The budget was then reduced in 2022. Page 8 of 14 Page 144 of 457 $457,000 under budget in Business Development as per nu mber 3 due to underspending on the Tourism Connectivity grant which was budgeted at $600,000 with actuals of $142,000. 28. External Transfers have a favourable budget variance of $458,288 or 12.7% under budget. This relates to the MAT tax and is explained in number 8 above. 29. Internal Rent - see number 18 above. 30. Transfers to Capital and Capital Special Purpose Reserves have a favourable variance of $585,831 or 12.3% under budget. This consists of the following variances: Transfer to capital budget of $4.2M with actuals of $2.0M resulted in a favourable variance of $2.2M. This is due to Council's decision not to allocate the entirety of the transfer to capital in the 2021 capital budget as a buffer in the event the casino funding did not return in 2021. Below in number 31 this variance was transferred to a SPR. During budget preparation staff had budgeted salaries to be funded from capital in the tax levy supported operating fund with a corresponding negative transfer to capital budget. When staff were preparing the entries it was decided that the salaries would simply be posted directly to capital and not flow in and out of the tax levy budget. This created a negative variance of $1,188,012 however it's not a true variance, simply a variance between line items (number 20). Transfer to fleet capital replacement reserve with a budget of $1.56M and actuals totaling $1.81M resulted in a favourable variance of $249,514 (number 18). 31. Transfers to Reserve Funds contained no budget however $2,662,556 was transferred to Reserve Funds. This is related to the Casino funding is explained in number 6 above. 32. Transfers to Special Purpose Reserves contained no budget however $5,463,732 was transferred to Special Purpose Reserves. The following transfers to special purpose reserves were made during 2021 due to surpluses in various areas: Transfer unspent customer service budget $60,000 to capital SPR for future spending Transfer homeless funding to SPR for future spending - $150,000 Transfer surplus due to Taxation Supplemental billings to Tax Rate Stabilization SPR - $1,000,000 Page 9 of 14 Page 145 of 457 Transfer to Election SPR from Clerks - $60,998 Transfer to Capital SPR due to Council only committing half of the operating transfer to capital during the 2021 capital budget - $2,170,102 Transfer to Post Employment Benefits SPR due to surplus in HR - $250,182 Transfer to Building SPR due to surplus in Building - $1,347,486 Transfer excess Chair A Van revenue to SPR to use in 2022 - $57,624 Transfer excess development revenue to SPR to use in 2022 - $289,255 Transfer to Planning Studies SPR due to surplus in Planning to use on future studies - $74,500 SURPLUS/DEFICIT 33. Per the City's 2020 financial statements there is an accumulated surplus of $315,217 in the tax levy supported operating fund. Staff have left a small surplus of $22,339 in the tax levy supported operating fund for the year ended December 31, 2021 which will bring the accumulated surplus to a total of $337,556. RESERVES AND RESERVE FUNDS Attachment 2 highlights the City's reserve and reserve fund activity for 2021 with total reserve and reserve funds growing by $19.2M from $130.8M to $150.0M. This $20M increase can be largely attributed to Capital Special Purpose Reserves which grew by $9.1M due to staff doing a very thorough close out of old capital projects and returning surpluses to reserves as well as Obligatory Reserve Funds which grew by $8.5M a s many granting agencies increased their grant allocations for 2021 due to COVID. Operating Special Purpose Reserve (SPR) balances totaled $20.4M at December 31, 2020 with total contributions during 2021 of $3.2M, operating uses of $2.8M and a small capital use of $238,000 for ending operating SPR balances as at December 31, 2021 totaling $20.6M ($13.3M - General, $1.6M - Water and $5.7M - Wastewater). Capital Special Purpose Reserve (CSPR) balances totaled $16.6M at December 31, 2020 with total contributions during 2021 of $18.4M and capital uses of $9.3M, for ending CSPR balances as at December 31, 2021 totaling $25.7M ($15.1M - General, $7.5M - Water and $3.1M - Wastewater). Obligatory Reserve Funds consist of Development Charges and grant funding that can only be used for specific purposes. Obligatory reserve fund balances totaled $47.1M at December 31, 2020 with total contributions during 2021 of $20.2M , operating uses of $1.5M and capital uses of $10.2M, for ending balances as at December 31, 2021 totaling $55.6M. Page 10 of 14 Page 146 of 457 Discretionary Reserve Fund balances totaled $46.4M at December 31, 2020 with total contributions during 2021 of $7.3M , operating uses of $1.9M and capital uses of $4.1M, for an ending balance as at December 31, 2021 totaling $47.7M. Operational Implications and Risk Analysis Nothing to note. Financial Implications/Budget Impact Financial implications have been communicated above in the analysis section. Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments: 1. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long - term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. List of Attachments Attachment 1 - 2021 (unaudited) Budget to Actual Results - Tax Levy Supported Operating Fund F-2023-16 Attachment 2 - 2021 Reserves and Reserve Funds Written by: Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 10 Aug 2023 Shelley Darlington, General Manger of Corporate Services Approved - 10 Aug 2023 Jason Burgess, CAO Approved - 11 Aug 2023 Page 11 of 14 Page 147 of 457 Attachment 1 F-2023-16 August 15, 2023 TAX SUPPORTED OPERATING FUND 2021 Budget to Actual Comparison Budget Actuals (Over)/Under Budget Variance (Over)/Under 2021 2021 $% REVENUES Taxation City General/Urban 74,177,044 75,319,932 (1,142,888)(1.5%)[2] Taxation Waste Management 7,952,522 8,074,926 (122,404)(1.5%) Taxation Write Offs (1,325,000)(1,532,601)207,601 (15.7%) Taxation Other Charges 1,150 1,150 0 0.0% Payment in Lieu of Taxation 7,291,411 7,273,030 18,381 0.3% Taxation 88,097,127 89,136,437 (1,039,310)(1.2%) Federal Grants 1,370,773 1,047,325 323,448 23.6%[3] Provincial Grants 2,047,116 4,227,997 (2,180,881)(106.5%)[4] Grants 55,000 79,379 (24,379)(44.3%) Other Municipalities 2,579,424 2,816,802 (237,378)(9.2%)[5] Grants 6,052,313 8,171,503 (2,119,190)(35.0%) Café Sales 15,122 2,019 13,103 86.6% Casino 5,895,000 8,557,556 (2,662,556)(45.2%)[6] Donations 56,000 51,636 4,364 7.8% Fines 500 0 500 100.0% Investments 2,511,373 2,307,950 203,423 8.1%[7] Licences 251,365 182,844 68,521 27.3% Other Revenue 6,531,735 6,076,672 455,063 7.0%[8] Penalties and Interest 1,520,000 1,359,015 160,985 10.6%[9] Permits 1,574,000 3,159,765 (1,585,765)(100.7%)[10] Provincial Offences Act 150,000 99,479 50,521 33.7%[11] Rents 222,204 95,695 126,509 56.9%[12] Sales 445,330 404,602 40,728 9.1% Service Charges 3,250 13,025 (9,775)(300.8%) User Fees 4,125,356 3,847,097 278,259 6.7%[13] Miscellaneous Revenue 23,301,235 26,157,353 (2,856,118)(12.3%) From Capital SPR 0 118,070 (118,070)#DIV/0!14] From Special Purpose Reserves 2,951,083 1,952,656 998,427 33.8%[15] From Reserve Funds 792,686 2,009,663 (1,216,977)(153.5%)[16] From Gas Tax Reserve Fund 1,897,600 534,037 1,363,563 71.9%[17] From Development Charges 1,663 1,663 0 0.0% From Operating (Indirect Costs)572,746 572,748 (2)(0.0%) From Operating (Internal Rent)4,988,268 5,321,612 (333,344)(6.7%)[18] Internal Transfers 11,204,046 10,510,449 693,597 6.2% TOTAL REVENUE 128,654,721 133,975,742 (5,321,021)(4.1%)[1] Page 12 of 14 Page 148 of 457 Attachment 1 F-2023-16 August 15, 2023 TAX SUPPORTED OPERATING FUND 2021 Budget to Actual Comparison Budget Actuals (Over)/Under Budget Variance (Over)/Under 2021 2021 $% EXPENSES Labour 51,791,885 49,228,659 2,563,226 4.9%[20] Employee Benefits Allocation 14,059,640 13,856,000 203,640 1.4%[20] Overtime 1,087,118 2,649,946 (1,562,828)(143.8%)[21] Labour and Benefits 66,938,643 65,734,605 1,204,038 1.8% Materials 11,957,824 10,960,544 997,280 8.3%[22] Professional Development 347,128 118,991 228,137 65.7%[23] Advertising 229,700 164,337 65,363 28.5%[23] Insurance Premiums 2,010,757 2,253,621 (242,864)(12.1%)[24] Conferences/Conventions 141,820 19,553 122,267 86.2%[23] Goods for Resale 210,475 34,905 175,570 83.4%[25] Membership/Subscriptions 144,043 110,941 33,102 23.0% Office Supplies 142,748 91,382 51,366 36.0% Materials 15,184,495 13,754,274 1,430,221 9.4% Electricity 2,552,730 2,162,915 389,815 15.3% Water 533,690 551,589 (17,899)(3.4%) Natural Gas 498,682 442,698 55,984 11.2% Utilities 3,585,102 3,157,203 427,900 11.9%[26] Contracted Services 16,754,759 17,808,538 (1,053,779)(6.3%)[27] Snow Plowing 147,000 110,811 36,189 24.6% Fees for Service 6,818,766 6,818,849 (83)(0.0%) Contracted Services 23,720,525 24,738,198 (1,017,673)(4.3%) Rents and Financial Expenses 1,052,527 1,071,563 (19,036)(1.8%) Long Term Interest 1,811,311 1,825,145 (13,834)(0.8%) Long Term Debt Principal 3,263,329 3,263,329 0 0.0% Debt Charges 5,074,640 5,088,474 (13,834)(0.3%) External Transfers 3,607,106 3,148,818 458,288 12.7%[28] Internal Rent 4,450,207 4,678,334 (228,127)(5.1%)[29] Indirect Costs 275,000 275,000 0 0.0% To Capital/Capital SPR 4,766,476 4,180,645 585,831 12.3%[30] To Reserve Funds 0 2,662,556 (2,662,556)#DIV/0![31] To Special Purpose Reserves 0 5,463,732 (5,463,732)#DIV/0![32] Internal Transfers 9,491,683 17,260,267 (7,768,584)(81.8%) TOTAL EXPENSES 128,654,721 133,953,402 (5,298,681)(4.1%)[19] Surplus/(Deficit)0 22,339 22,339 [33] Page 13 of 14 Page 149 of 457 Attachment 2 F-2023-16 August 15, 2023 Opening Total Operating Capital Total Closing Jan.1, 2021 Contributions Uses Uses Uses Dec. 31, 2021 Working Funds 265,000.00 - - - - 265,000.00 Operating SPRs General 12,442,676.00 3,230,044.67 (2,156,278.00) (238,000.00) (2,394,278.00) 13,278,442.67 Water 1,647,763.00 - - - - 1,647,763.00 Sewer 6,320,069.00 - (632,195.00) - (632,195.00) 5,687,874.00 Total OPERATING SPRs 20,410,508.00 3,230,044.67 (2,788,473.00) (238,000.00) (3,026,473.00) 20,614,079.67 Capital SPRs General 9,393,490.00 9,552,298.00 - (3,839,504.00) (3,839,504.00) 15,106,284.00 Water 5,164,938.00 5,319,634.00 - (2,965,949.00) (2,965,949.00) 7,518,623.00 Sewer 2,066,585.00 3,562,689.00 - (2,518,540.00) (2,518,540.00) 3,110,734.00 Total CAPITAL SPRs 16,625,013.00 18,434,621.00 - (9,323,993.00) (9,323,993.00) 25,735,641.00 TOTAL SPECIAL PURPOSE RESERVES 37,300,521.00 21,664,665.67 (2,788,473.00) (9,561,993.00) (12,350,466.00) 46,614,720.67 Opening Total Operating Capital Total Closing Jan.1, 2021 Contributions Uses Uses Uses Dec. 31, 2021 Obligatory Development Charges - old 88,419.68 709.91 - - - 89,129.59 Development Charges bylaw 99-144 23,657,080.30 8,316,502.00 (848,462.80) (2,597,540.24) (3,446,003.04) 28,527,579.26 Federal Gas Tax Rebate - Infrastructure 14,500,065.85 5,742,817.34 - (4,903,904.30) (4,903,904.30) 15,338,978.89 Transit Gas Tax Rebate 2,122,779.41 1,618,219.72 (534,036.84) (68,269.06) (602,305.90) 3,138,693.23 2% Parkland Dedication 1,612,425.49 13,131.55 - (147,314.52) (147,314.52) 1,478,242.52 Public Purpose (Planning Act)2,773,438.15 1,157,117.66 - (1,205,226.00) (1,205,226.00) 2,725,329.81 OCIF Reserve 2,344,057.14 3,383,727.40 (96,782.45) (1,286,264.88) (1,383,047.33) 4,344,737.21 Total OBLIGATORY Reserve Funds 47,098,266.02 20,232,225.58 (1,479,282.09) (10,208,519.00) (11,687,801.09) 55,642,690.51 Discretionary Licence agreement - 40 yr 2,084.85 21.99 - - - 2,106.84 Sick Leave Liability 1,464,938.28 12,922.18 - - - 1,477,860.46 Workers Compensation 1,389,498.58 14,074.18 - - - 1,403,572.76 Recreation Trail Development 89,136.04 745.00 - - - 89,881.04 Capital/Operating Fund 7,508,418.98 79,458.63 - - - 7,587,877.61 Tree Planting - Developers 80,054.41 700.80 - - - 80,755.21 Park Development 255.77 - - - - 255.77 Sewer and Water Impost 1,621,571.24 14,366.36 - - - 1,635,937.60 Expansion and Renewal 285,307.62 2,494.98 - - - 287,802.60 Conrail Drainage 777,494.81 6,795.78 - - - 784,290.59 Prepaid Subdivision Work 249,936.16 2,204.22 - - - 252,140.38 Sidewalk Construction 39,042.95 299.12 - - - 39,342.07 Future Municipal Works 761,197.91 6,689.21 - - - 767,887.12 Lot Drainage 200,073.38 1,761.57 - - - 201,834.95 Sanitary (Recycling Surplus)486,257.26 4,275.75 - - - 490,533.01 Sports Fnd - new equip/program 5,758.23 29.42 - - - 5,787.65 Projects - Special Needs Children 18,510.15 144.22 - - - 18,654.37 Municipal Parking 77,258.59 353.76 (31,965.00) - (31,965.00) 45,647.35 Coat of Arms 2,656.85 13.77 - - - 2,670.62 Niagara Tunnel - Comm'ty Imprvmt 130,460.13 2,154.81 - - - 132,614.94 Water Patrol Boat 14,546.94 74.95 - - - 14,621.89 Branscombe Family Grant 4,320.03 23.01 - - - 4,343.04 Niagara Falls Sports Foundation 321.89 - - - - 321.89 Kalar Park Turf Debenture 291.16 153.93 (445.09) - (445.09) 0.00 FMC / VTS 4,026,002.31 32,326.35 (706,685.82) - (706,685.82) 3,351,642.84 Lundy's Lane Museum 4,568.93 23.01 - - - 4,591.94 OMCC Grant 380,186.37 4,945.26 - - - 385,131.63 Willoughby Museum 101,946.71 524.25 - - - 102,470.96 OLG 3,769,387.15 6,804,446.43 (1,205,750.00) (4,061,141.54) (5,266,891.54) 5,306,942.04 Hospital 22,895,140.71 357,286.68 - - - 23,252,427.39 Total DISCRETIONARY Reserve Funds 46,386,624.39 7,349,309.62 (1,944,845.91) (4,061,141.54) (6,005,987.45) 47,729,946.56 TOTAL CITY RESERVE FUNDS 93,484,890.41 27,581,535.20 (3,424,128.00) (14,269,660.54) (17,693,788.54) 103,372,637.07 TOTAL CITY RESERVES & RESERVE FUNDS 130,785,411.41 49,246,200.87 (6,212,601.00) (23,831,653.54) (30,044,254.54) 149,987,357.74 CITY SPECIAL PURPOSE RESERVES CITY RESERVE FUNDS 2021 CITY OF NIAGARA FALLS RESERVES AND RESERVE FUNDS R:\Reserves and Reserve Funds\Reserve Funds\2021\2021 RF YE Report 8/10/2023 2:55 PMPage 14 of 14 Page 150 of 457 PBD-2023-50 Report Report to: Mayor and Council Date: August 15, 2023 Title: Matters Arising from the Municipal Heritage Committee Removal of 6270 Dunn Street from the Municipal Register of Heritage Properties Recommendation(s) That Council approve the removal of the property known municipally as 6270 Dunn Street from the Municipal Register of Heritage Properties. Executive Summary The dwelling located at 6270 Dunn Street appears to have been constructed in the early 1800’s. It was likely constructed as a residential property and part of a larger farm property according to a review of the early Ontario Fire Insurance Atlas. At the request of the property owner to remove the property from the Register, the Municipal Heritage Committee viewed photographs of the property and a site visit was conducted by one member of the committee and staff to determine the property's heritage value to the City. The matter was raised through a formal request, at the Municipal Heritage Committee and it was determined that the property has no further cultural heritage value or interest to the City and the Committee supports the recommendation to remove the property from the Municipal Register. Background The owner approached the City and requested that the property be removed from the register so that future development can occur on the site. The property was originally added to the Register in 1968 when an inventory was taken of all heritage buildings in the City at that time. The reasons for its inclusion on the register remain unclear. It has remained on the Register as there was never a request to remove it. Analysis The dwelling located at 6270 Dunn Street was built c.1812. It is not designated but listed on the Municipal Register of Heritage Properties. It was originally built as a residence as part of a larger farm property as a Fire Insurance Atlas of 1932 show an Page 1 of 3 Page 151 of 457 associated barn across the street from the house. A site visit was conducted by one Committee member and staff, and it was determined that although the original form of the house is still in existence, it has had many additions added over the years. As well the structure has been covered by aluminum siding making it difficult to ascertain if heritage features exist any longer and what they may have been. It is known from city photos that the original cladding may have been stucco, but it is now clad completely in aluminum siding. From an observation of the interior basement walls, a construction date of early 1800’s seems appropriate as the rubble stone foundation was visible. Based on the report from the site visit, the Committee are supportive of the removal of this property from the Municipal Register. Strategic/Departmental Alignment The report aligns with the healthy safe and livable community priority and by updating the Municipal Register, it assists in identifying key heritage buildings to create vibrant and authentic places and spaces and evolving the City’s role in arts, culture and heritage to build a strong, vital and connected sector. List of Attachments Schedule 1 PBD 2023 Aug 15 Written by: Peggy Boyle, Assistant Planner Submitted by: Status: Heather Ruzylo, Clerks & Council Services Coordinator Approved - 20 Jul 2023 Page 2 of 3 Page 152 of 457 6 2 7 0 D u n n S t c . 2 0 0 0 Page 3 of 3 Page 153 of 457 MW-2023-24 Report Report to: Mayor and Council Date: August 15, 2023 Title: Parking Control Review - Victoria Avenue, Morrison Street, and Simcoe Street Recommendation(s) That Council approve the conversion of the existing two-hour paid parking zones to two- hour free time limited parking on the following roadways: • Victoria Avenue from Simcoe Street to Bridge Street; • Simcoe Street, east of Victoria Avenue; and, • Morrison Street, east of Victoria Avenue. Executive Summary The existing single space meters along the subject sections of Victoria Avenue, Simcoe Street, and Morrison Street have been installed for approximately 20 years and have surpassed the standard life expectancy of use. Due to several factors, Staff are recommending that the existing paid parking zones be converted to two-hour free time limited parking and the parking meters removed. A letter was hand-delivered on June 16, 2023, to all residents and busin esses in the vicinity, to solicit their opinions on the proposed change. Feedback was received from only one business owner, who expressed his support for the proposed change. Implementation of a two-hour free time limit would best serve the business community in these areas by providing free parking for their customers. Additionally, the conversion to two-hour free time limited parking would eliminate the need for capital replacement of these parking meter assets. Any lost in coin revenues from the parking meters would be offset by the removal of operational expenditures. Background Along the Victoria Avenue corridor from Simcoe Street northerly to Bridge Street, fifty - three (53) on-street paid parking spaces are provided in delineated zones. Paid parking is facilitated via single spaces meters which only accept coin payment, allowin g for a maximum of two-hours of parking. These parking meters have been installed for approximately 20 years and have surpassed the standard life expectancy of use. There are additional on-street paid parking spaces on Simcoe Street and Morrison Street, east of Victoria Avenue (10 spaces total). Page 1 of 3 Page 154 of 457 Analysis Following a review of the parking meters conditions, it was concluded that: the parking meters have surpassed the standard life expectancy of use; are beginning to fail due to age and vandalize; and replacement parts are becoming difficult to source. Also, due to the parking meter age and availability of parts, they can no longer be calibrated for any future coin configurations. Based on this information, staff have reviewed whether the parking meters should be replaced with modern Pay and Display machines (that accept other forms of payment), or if a change of parking controls is warranted. Parking revenues from these parking meters have been historically declining with typical annual revenues expected to be less than $2,000, collectively. These revenues currently do not offset operational expenditures (coin collections, maintenance/repairs, parts, staff time, etc.). Likewise, the installation of new Paid and Display machines would not be economically prudent, due to low usage. Therefore, Staff are recommending the parking meters be removed and replaced with free time limited parking restrictions. In keeping with the existing two-hour maximum time permitted to be purchased from the parking meters, Staff are proposing the same time limited free parking. A letter was hand- delivered on June 16, 2023, to all residents and businesses along Victoria Avenue between Bridge Street and Simcoe Street, and on Morrison Street and Simcoe Street, east of Victoria Avenue, to solicit their opinions regarding the proposition of implementing a two-hour free parking in place of the existing metered parking. Feedback was received from only one business owner, who expressed his support for the proposed change. Staff are recommending the implementation of a two-hour free time limit due to the following reasons: • would best serve the business community and their patrons in this area; • the change to a two-hour free time limit would maintain the existing number of parking spaces and meet the demands of the area; • reducing overall staffing costs, maintenance, and capital replacement of the parking assets; and • reduce enforcement resources as it would allow for effective use of our current vehicle mounted Licence Plate Recognition (LPR) plate reading for digital timing than an officer attending each meter spot on foot along both sides of the street. Financial Implications/Budget Impact The removal of the parking meters and modifications to the parking signage can be accommodated within Transportations Services general purposes, and will be completed by Transportation staff. Any lost in coin revenues from the parking meters would be offset by the removal of operational and capital expenditures. Strategic/Departmental Alignment Page 2 of 3 Page 155 of 457 This initiative is in line with Council’s Strategic Priorities, of maintaining parking operations as a self-sustaining user pay philosophy which is independent of tax support. Contributor(s) Paul Brown, Manager of Parking Services Written by: Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 09 Aug 2023 Jason Burgess, CAO Approved - 09 Aug 2023 Page 3 of 3 Page 156 of 457 MW-2023-25 Report Report to: Mayor and Council Date: August 15, 2023 Title: Extension and New Contract Agreement with the Canadian Corp of Commissionaires for Parking Enforcement Services Recommendation(s) That Council approve an extension of the Canadian Corp of Commissionaires current contract from October 1, 2023 to December 31, 2023 under the same terms and conditions as previously approved. That Council approve a single source procurement in accordance with By-Law No. 2021- 04, Section 18 Single and Sole Purchases with the Canadian Corp of Commissionaires for the provision of Parking Control Officers. And that Council provide delegated authority to the Chief Administrative Officer and the General Manager of Municipal Works to negotiate new terms and conditions and execute a new contract with the Canadian Corp of Commissionaires for a term of five (5) years from January 1, 2024 to December 31, 2028 with an option to renew the contract for five (5) additional one (1) year terms. Executive Summary The Canadian Corps of Commissionaires (“Commissionaires”) have provided staffing for Parking Control Services in the City of Niagara Falls, since 2000. The Parking Control Officers are essential to maintaining the proper flow of traffic, regulating parking bylaws and responding to public concerns over residential parking violations. Staff have reviewed industry best practices and which service delivery models are available. Following staffs review, it was concluded that continuing to contract parking enforcement was the most financially prudent means to operate this service. Based on the rationale provided in this report, Staff are recommending that Council approve the extension of the Commissionaires current contract from October 1, 2023 to December 31, 2023 under the same terms and conditions as previously approved. Furthermore, Staff are requesting delegated authority to the Chief Administrative Officer and the General Manager of Municipal Works, to negotiate new terms and conditions with the Commissionaires for a term of five (5) years from January 1, 2024 to December 31, 2028 with an option to renew the contract for five (5) additional one (1) year terms. The Page 1 of 4 Page 157 of 457 new contract will be updated to reflect new areas of service, included by not limited to the provision of assistance/support to Bylaw Enforcement Service and Security Services. Background In 2000, the Request for Proposal process was initiated, whereby; the Canadian Corps of Commissionaires (“Commissionaires”) was the successful bidder. Council approved a initial three-year contract with the Hamilton Office of the Commissionaires. Over the past 23 years, Council has continually approved Parking Services recommendation to extend this contract and to single source this service to the Commissionaires. The Commissionaires provide a service that is essential to maintaining the proper flow of traffic, regulating parking bylaws and responding to public concerns over residential parking violations, and maintaining safety zones for the City of Niagara Falls. Analysis In 2022, Staff report MW-2022-52 was approved which provide an extension for a one (1) year period, and that staff review and report back on industry best practices and which service delivery models are available. Following staffs review, it was concluded that continuing to contract parking enforcement was the most financially prudent means to operate this service. For example, in 2022, an average of 7-9 contracted staff were retained and worked approximately 11,150 hours. The actual contracted services costs for 2022 was $378,207; whereas for comparison purposes, if parking enforcement was an internal City department, the cost was estimated to be $538,545. Furthermore, Staff’s review of local Niagara municipalities identified that large municipalities, such as St. Catharines, also contract the Commissionaires to provide all parking enforcement services; smaller municipalities, such as Niagara-on-the-Lake, Grimsby, West Lincoln, Thorold and Welland use in-house staff and seasonal summer students for parking enforcement. According to the City’s Procurement By-Law No. 2021-04, Section 18, a competitive procurement process is not required for Single or Sole Source Purchases, provided that the appropriate conditions apply. Furthermore, Single or Sole Source purchases greater than $100,000 require Council approval as the purchasing authority. Single source purchasing is recommended by Parking Services staff for the procurement of parking enforcement staffing from the Commissionaires for the following reasons: • Commissionaires have continually provided a high quality of parking enforcement services to the City of Niagara Falls for over 23 years. • Commissionaires have a strong working relationship with Parking Services Management allowing for, and accommodating, operational needs (fluctuation in Page 2 of 4 Page 158 of 457 staffing during peak/non-peak periods) to meet the demands of the department while minimizing budgetary impacts. • Current hourly staffing rates and administrative fees charged by the Commissionaires are fair and responsible, and within the market for this service. • Commissionaires staff have been employed to work in Niagara Falls for many years, and are well trained and understand the unique nuances of working in a tourism destination such as Niagara Falls. Parking Services Management are concerned that if a new provider was selected, staff would turnov er resulting in a significant loss of knowledgeable/trained staff/operational continuity. Some officers have been working in Niagara Falls for over 20 years. • Extension of the contract allows for continued services without impact to public needs and safety. Based on the rationale provided above, Staff are recommending that Council approved the extension of the Commissionaires current contract from October 1, 2023 to December 31, 2023 under the same terms and conditions as previously approved. Furthermore, Staff are requesting delegated authority to the Chief Administrative Officer and the General Manager of Municipal Works, to negotiate new terms and conditions with the Commissionaires for a term of five (5) years from January 1, 2024 to December 31, 2028 with an option to renew the contract for five (5) additional one (1) year terms. The new contract will be updated to reflect new areas of service, included by not limited to the provision of assistance/support to Bylaw Enforcement Service and Security Services. Financial Implications/Budget Impact Costs associated with the contract extension from October 1, 2023 to December 31, 2023 have been included in the 2023 General Purpose Budget. Future years costs associated with the new negotiated contract will be included in 2024 budget deliberations for Councils approval. Canadian Corps of Commissionaires issue parking infractions based on Municipal and Regional parking bylaws and defend such issuance in Administrative Monetary Penalty Hearings and Ontario Provincial Court when contested by the recipient of the infraction. Parking infractions (fines) issued by the Commissionaires are expected to result in full cost recovery of this contracted service; and in a typical year, result in a positive revenue variance to the City. Strategic/Departmental Alignment This initiative is in line with Council’s Strategic Priorities, of maintaining parking operations as a self-sustaining user pay philosophy which is independent of tax support. Page 3 of 4 Page 159 of 457 Contributor(s) Paul Brown, Manager of Parking Services Written by: Mathew Bilodeau, Manager of Transportation Engineering Paul Brown, Manager of Parking Services Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 09 Aug 2023 Jason Burgess, CAO Approved - 09 Aug 2023 Page 4 of 4 Page 160 of 457 MW-2023-26 Report Report to: Mayor and Council Date: August 15, 2023 Title: Proposed Community Safety Zones Recommendation(s) That Council approve the establishment of Community Safety Zones at each of the locations outlined below: 1. Dorchester Road between a point 45 metres south of McLeod Road and a point 80 metres north of Lundy's Lane; 2. Dorchester Road between a point 130 metres south of Thorold Stone Road and a point 20 metres north of Wilinger Street; 3. Dunn Street between a point 10 metres west of Dorchester Road & a point 22 metres east of Drummond Road; 4. Drummond Road between a point 58 metres south of Lundy's Lane & a point 19 metres south of Prospect Street; 5. Valley Way between Houck Drive & a point 44 metres west of Fourth Avenue; 6. Morrison Street between a point 20 metres east of Portage Road & a point 78 metres west of 6th Avenue; 7. O'Neil Street between Dorchester Road & a point 50 metres west of Portage Road; and 8. Kalar Road between a point 28 metres north of Thorold Stone Road & a point 272 metres south of Mount Carmel Boulevard. Executive Summary Community Safety Zone designations are intended for parts of the roadway where public safety is of a special concern and provide an additional enforcement tool through the doubling of monetary penalties for speeding infractions and related offences within these zones. The zones include signage stating “Community Safety Zone – Fines Increased” and both “Begins” and Ends” tabs at each limit of the zone to inform drivers they are entering an area where the safety of its children/citizens is paramount. City Staff has identified eight (8) locations where public safety is of special concern and is recommending that each location be designated a Community Safety Zone for the purpose of mitigating speeding and aggressive driving. Each location is classified as an arterial or collector roadway, therefore involve higher volumes of traffic, and include elementary or high schools fronting the roadway which generate higher concentrations of Page 1 of 7 Page 161 of 457 school children in the area. The following locations are recommended to be desi gnated as a Community Safety Zone: 1. Dorchester Road between a point 45 metres south of McLeod Road and a point 80 metres north of Lundy's Lane; 2. Dorchester Road between a point 130 metres south of Thorold Stone Road and a point 20 metres north of Wilinger Street; 3. Dunn Street between a point 10 metres west of Dorchester Road & a point 22 metres east of Drummond Road; 4. Drummond Road between a point 58 metres south of Lundy's Lane & a point 19 metres south of Prospect Street; 5. Valley Way between Houck Drive & a point 44 metres west of Fourth Avenue; 6. Morrison Street between a point 20 metres east of Portage Road & a point 78 metres west of 6th Avenue; 7. O'Neil Street between Dorchester Road & a point 50 metres west of Portage Road; and 8. Kalar Road between a point 28 metres north of Thorold Stone Road & a point 272 metres south of Mount Carmel Boulevard. Background Community Safety Zone designations are intended for parts of the roadway where public safety is of a special concern and provide an additional enforcement tool through the doubling of monetary penalties for speeding infractions and related offences within these zones. The rules of the road don't change within the zone, but only the penalties for violations are increased. The zones include signage stating “Community Safety Zone – Fines Increased” and both “Begins” and Ends” tabs at each limit of the zone to inform drivers they are entering an area where public safety is paramount. Community Safety Zones were legislated under the Highway Traffic Act (HTA) in 1998. Subsection 214.1(1) of the HTA, as amended, authorizes the Council of a municipality to designate by by-law part of a highway under its jurisdiction as a community safety zone, if in Council’s opinion, public safety is of special concern on that part of the highway. Analysis City Staff has reviewed the City’s roadway network to identify arterial and collector roadways, which carry high volumes of traffic, that contain sensitive areas such as schools and school crossing sites which generate higher concentrations of school children in the area. City Staff has identified eight (8) locations to be designated as a Community Safety Zone for the purpose of mitigating speeding and aggressive driving in these sensitive areas. Refer to Table 1 for a summary ofeach proposed zone including their areas of special consideration. Each proposed zone is also illustrated in maps within Attachment 1, 2 and 3. Page 2 of 7 Page 162 of 457 Table 1: Summary of Proposed Community Safety Zones Street Proposed Zone Limits Areas of Special Consideration Street Proposed Zone Limits Areas of Special Consideration Dorchester Road (Arterial) A point 45 metres south of McLeod Road and a point 80 metres north of Lundy's Lane • James Morden Public School • School Crossing - Dorchester Rd @ McLeod Rd • School Crossing - Dorchester Rd @ Douglas St • School Crossing - Dorchester Rd @ Dunn St • School Crossing - Dorchester Rd @ McMillan Dr • School Crossing - Dorchester Rd @ Barker St • School Crossing - Dorchester Rd @ Lundy's Ln Dorchester Road (Arterial) A point 130 metres south of Thorold Stone Road and a point 20 metres north of Wilinger Street • Mary Ward Catholic Elementary School • Orchard Park Public School • Prince Philip Public School • School Crossing - Dorchester Rd @ Mary Ward School • School Crossing - Dorchester Rd @ Camrose St • School Crossing - Dorchester Rd @ Thorold Stone Rd Drummond Road (Arterial) A point 58 metres south of Lundy's Lane & a point 19 metres south of Prospect Street • Stamford Collegiate • High collision area Dunn Street (Collector) A point 10 metres west of Dorchester Road & a point 22 metres east of Drummond Road • Heximer Avenue Public School • Close proximity to Our Lady of Mount Carmel Catholic school • School Crossing - Dunn St @ Dorchester Rd • School Crossing - Dunn St @ Drummond Rd • School Crossing – Dunn St @ Carlton Ave Kalar Road (Arterial) A point 28 metres north of Thorold Stone Road & a point 272 metres south of Mount Carmel Boulevard • St. Vincent de Paul Catholic Elementary School • School Crossing - Kalar Rd @ Thorold Stone Rd Morrison Street (Collector) A point 20 metres east of Portage Road & a point 78 metres west of 6th Avenue • St. Mary Catholic Elementary School • Oakes Park • School Crossing - Morrison St @ Law Ave • School Crossing - Morrison St @ Stanley Ave • School Crossing - Morrison St @ Homewood Ave O'Neil Street (Collector) Dorchester Road & a point 50 metres west of Portage Road • AN Myers Secondary School Page 3 of 7 Page 163 of 457 Valley Way (Collector) Houck Drive & a point 44 metres west of Fourth Avenue • Valley Way Public School • Leslie Neighbourhood Park • School Crossing - Valley Way @ Valley Way Public School Following Councils approval of the staff recommended locations and the passing of the respective bylaws, it is anticipated that the required signs will be installed by early - September to coincide with the start of the new school year. The Community Safety Zones will be enforceable following the installation of the signs. Financial Implications/Budget Impact The installation of Community Safety Zone signs, “Begins” tabs, and “Ends” tabs are to be carried out by Municipal Works - Transportation Services staff. The labour and material costs will be accounted for in the 2023 General Purposes Budget. It is estimated that the cost of all signs is approximately $4,600. Strategic/Departmental Alignment Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist and pedestrian safety. List of Attachments MW-2023-26 Proposed Community Safety Zone Maps Written by: Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 09 Aug 2023 Jason Burgess, CAO Approved - 09 Aug 2023 Page 4 of 7 Page 164 of 457 MW-2023-26 Proposed Community Safety Zones –Attachment 1 Dorchester Road (south), Drummond Road, & Dunn Street Legend -School -School Crossing Site -Community Safety Zone James Morden Public School Stamford Collegiate High School Heximer Avenue Public School Our Lady of Mount Carmel Catholic School Page 5 of 7Page 165 of 457 MW-2023-26 Proposed Community Safety Zones –Attachment 2 Morrison Street & Valley way Legend -School -School Crossing Site -Park -Community Safety Zone Morrison St St. Mary Catholic Elementary School Oakes Park Valley Way Public School LH Leslie Park Page 6 of 7Page 166 of 457 MW-2023-26 Proposed Community Safety Zones –Attachment 3 Dorchester Road (north), Kalar Road, & O’Neil Street Legend -School -School Crossing Site -Community Safety Zone St. Vincent de Paul Catholic Elementary School Orchard Park Public School Prince Philip Public School Mary Ward Catholic Elementary School AN Myer Secondary School Page 7 of 7Page 167 of 457 PBD-2023-49 Report Report to: Mayor and Council Date: August 15, 2023 Title: Matters Arising from the Municipal Heritage Committee Proposed Exterior restoration of the VIA Station, 4267 Bridge Street and Proposed exterior restoration of the former Carnegie Library 5017 Victoria Avenue Recommendation(s) 1. That Council approve the proposed exterior alterations to the VIA Station as they will not alter the reasons for designation and will assist in the continued use and further preservation of the building. 2. That Council approve the proposed exterior alterations to the former Carnegie Library building as they will not alter the reasons for designation and will assist in the continued use and further preservation of the building. Executive Summary Via Station c.1879, Designated under the Ontario Heritage Act, By-law 99-108 Designated under the Heritage Railway Stations Protection Act, 1994/06/05 As part of the conversion to a GO station, the Niagara Region is undertaking restoration work on the interior of the building to upgrade its systems. Additionally, the structure is being updated on the exterior with a new roof and doors which necessitate approval by the Municipal Heritage Committee. The Municipal Heritage Committee have reviewed the plans, met with the Project Manager from the Niagara Region and are supportive of the proposed exterior restoration work. Former Carnegie Library c. 1910 Designated under the Ontario Heritage Act, By-law 99-072 The former Carnegie Library building at 5017 Victoria Avenue was purchased by the Niagara Region and has been converted into transitional housing. As part of the restoration and interior conversion of the building it was noted that the exterior of the building required some restoration. Page 1 of 9 Page 168 of 457 The Municipal Heritage Committee met with the architect and engineer on -site and reviewed the proposed exterior restoration. The Committee is supportive of the proposed restoration work. Background Via Station The station was built c. 1879 and was originally designated under the Ontario Heritage Act in 1999 by By-law 99-108. As one of few surviving rail depots of its age, scale and design in Niagara, the Via Railway Station is rich in historical value. The station’s construction was a result of the Great Western Railway Company’s decision to extend their Windsor-Hamilton line east to the Niagara River in 1852, with the new site for a terminus being the Village of Elgin. The construction of the Elgin terminus created hundreds of construction and railroading jobs, resulting in an economic boom for Elgin, and by 1853 a new complex was completed. The completion of the RailwaySuspension Bridge in 1855 would establish the town as an international centre, allowing traffic to cross easily over the Niagara Gorge. In 1879 the wooden station was completely destroyed by fire, with evidence pointing to arson, and in 1879 a magnificent new building was constructed, and still stands today. Deemed as the busiest and most prestigious terminal of the Great Western and Grand Trunk Railroads, the station became the heart of a developing Niagara Falls, and was a hub for transportation and community events. In 1882 the Great Western Railroad was bought out by the Grand Trunk Railroad, which was later absorbed by the Canadian National Railroad. The present Via Railway Station stands as a reminder of the vital role of railway transportation in the economic development of Canadian cities, and has been both municipally and nationally designated for its heritage value. The station’s design is striking in its size and style, consisting of a two storey building with a tall attic and roof ridge some 40 feet in height. One-storey east and west wings flank either end of the building, both 100 feet in length, adding to the station’s grandeur. Its jerkinhead gable roof is a hybrid of the standard gable and hipped roof styles and installed in the gable ends are decoratively carved bargeboards, giving a ‘gingerbread’ look. The Gothic Revival architecture is displayed in the pointed arches of windows and doorways and fanciful decoration, consistent with other Victorian Age rail depots. The decorative brick banding and limestone door and window accents contribute to the building’s own character, and a two-tone accent is evident with limestone keystone and Page 2 of 9 Page 169 of 457 springblocks surrounding the window arches. The exterior was constructed of red brick laid in the Flemish bond pattern, with alternating stretchers and headers of the brick exposed in each course. The Via Railway Station is a municipal and national icon, dominating the downtown of Niagara Falls as one of its largest and most recognizable buildings, serving as a symbol of the city and wider region’s early economic development. The station’s presence helped shape the landscape of the downtown, with a boom of commercial activity and settlement following its construction. The station serves as part of a collection of railway depots across Canada facilitating in the movement of goods and people throughout the country, and is one of few surviving railroad depots of its age, scale and design in Niagara. In 2022, the VIA Rail Canada transferred ownership of the station to the Niagara Region for its conversion to a GO Station. Former Carnegie Library The building was built c. 1910 and was originally designated under the Ontario Heritage Act in 1999 by By-law No. 99-072. The historical value of Carnegie Library lies in its role as an early resource centre for Niagara Falls, as well as its connection to philanthropist Andrew Carnegie. Erected in 1910, the building provided a permanent site for the city’s previously nomadic book collections, and is linked to the historical movement which advocated free access to educational and cultural materials for all citizens. The library was the sixty -seventh of one hundred and eleven Carnegie libraries built in Ontario. The architectural value of the Carnegie Library lies in its exemplification of the Beaux - Arts style, also described as being subdued in appearance yet rich in neoclassical detail. The two-storey, red brick building features a raised limestone block basement and yellow brick quoins. This polychromatic exterior is typical of the Beaux-Arts style, establishing a decorative element. It is a classical display of symmetry with a centrally located main entrance and front portico with brick columns and an egg and dart motif. It has a five bay façade with the central three bays projecting forward and is equipped with a truncated roof. The library also features a central gable with a closed pediment, and entablature with flat modillions and a semicircular fanlight. Another dominant feature of the building can be found in the windows, which are quite large and of the Venetian style. The Carnegie Library is rich in contextual value because of its connection to a larger group of libraries that share an association with Andrew Carnegie. Although this particular library has unique qualities associated with a local vernacular, its use of Beaux-Arts style with large windows is highly comparable to the majority of the Ontario libraries that have been built from the same Carnegie Foundation grants. As part of a Page 3 of 9 Page 170 of 457 movement which sought free public access to educational and cultural resources, Carnegie Library in Niagara Falls has contributed to the development of its citizens by providing a more inclusive form of learning. Many of the businesses and organizations in the early 1900s were also able to benefit from the library’s open space that was often used for instructional seminars which allowed for the expansion of skills and knowledge in the community. The building’s location on the corner of Victoria Avenue and Armoury Street has provided a more accessible site for its past and present uses, and contributes to the historic character of the two streets. The former Carnegie Library building at 5017 Victoria Avenue was purchased by the Niagara Region and has been converted into transitional housing. Analysis Via Station The former VIA station was protected under the Heritage Railway Stations Act while owned by a Railway Company. A public notice of the transfer of the station was published on September 1, 2022 indicating that the ownership of the station was to be transferred to the Niagara Region. The following are the conditions of transfer of any Railway station protected under the Heritage Railway Station Protection Act: The owner railway company must, among other requirements: • obtain the potential purchaser's commitment to respect the heritage character of the station as identified in the Heritage Character Statement included on each individual heritage railway station description, after its acquisition. • obtain a commitment from appropriate authorities to designate the station under provincial heritage legislation in accordance with provincial heritage protection laws, and • submit for review and approval a feasibility study or plans describing all planned alterations to the site following its transfer or sale, while ensuring that the principles of conservation are met. The VIA Station is designated under the Ontario Heritage Act and any alterations to the exterior are required to be approved by Council. The designated heritage attributes of the former VIA Station are only exterior features. No interior features are designated. The following is a list of the proposed exterior alterations: Roof – the entire roof will be re-shingled with similar asphalt shingles; a sample will be provided for the Committee’s approval prior to the work being done; Eavestrough – will make repairs to the existing eavestroughs and rainwater leaders if there are leaks; Page 4 of 9 Page 171 of 457 Exterior masonry – minor re-pointing as needed at the base of the building where salt/ice/water damage has occurred. No intention to replace any bricks with new; Saginaw bricks (see attached photo) proposing to remove some of the walkways to allow for proper AODA compliant accessible walkways. Niagara Region is required to ensure the ground floor is fully accessible and current walkways do not comply. The Saginaw bricks on a walkway at the east end of the building will be removed and added as a ‘frame’ around the front entrance walkway; Eave brackets – will replace the brackets like-for-like, if any are structurally compromised to ensure safety; Windows – no windows are being replaced; Doors – (4) main floor entry doors on street side and track side that had previo usly been replaced by VIA will be removed and replaced with larger widths to allow for accessibility. The new doors will not resemble the original doors found elsewhere in the building. New doors to be aluminum framed with glass to allow for accessibility and visibility. The project manager met with the Municipal Heritage Committee and discussed the proposed exterior alterations. The Committee was concerned about the loss of the Saginaw brick walkway at the east end of the station. The project manager and the committee agreed that a good compromise was to frame the new concrete entry way sidewalk with the bricks. It would give the entrance a prominence, keep the bricks on - site and allow for a AODA compliant walkway. The Committee passed the following motion: That the proposed alterations of the VIA Station to the roof, doors, exterior masonry and the retention of the Saginaw bricks for use in the main entry walkway can be supported as this assists in the further preservation of the building, will allow for its continued use and will not alter the reasons for designation. Former Carnegie Library The Niagara Region has retained the services of MacDonald Zuberec, Ensslen Architects, who, along with Mark Shoalts of Shoalts Engineering, have completed a Building Condition Assessment for the former Carnegie Library building. The Building Condition Assessment is a high-level examination of the overall exterior of the building and specifically the heritage attributes that need restoration and to what degree. The proposed exterior work will be as follows: Roof - the entire roof is to be re-shingled with like or similar asphalt shingles; Page 5 of 9 Page 172 of 457 Chimney - to remain as it was part of the original building although it is no longer necessary; Front Portico - the roof over the front entrance is to be restored where necessary, re- shingled and painted; Rain Gutters - the gutters are to be lined and rainwater leaders are to be repaired or replaced; Eaves - to be examined and repaired where necessary; Exterior Masonry - repointing of some of the masonry units where necessary; Windows - need scraping and painting with some glass replacement and new narrow framed storms added on the interior; Other transom windows with frosted glass - will be replaced with leaded glass as would have originally existed; Front doors - to be replaced with appropriately styled doors, the exact style is yet to be determined but the leaded transom will remain. The Municipal Heritage Committee have reviewed the plans, met with the Architect and Engineer on site and are supportive of the proposed restoration work. The Committee passed the following motion: That the proposed exterior restoration of the former Carnegie Library to the windows, front doors, roof, masonry, rain gutters, and front portico along with the retention of the chimney can be supported as it assists in the further preservation of the building, will allow for its continued use and will not alter the reasons for designation. Financial Implications/Budget Impact There are no financial implications to the city for either of the restoration projects as both of the buildings are owned by the Niagara Region and the City will not be contributing any funds. List of Attachments SCHEDULE 1 Via Stn SCHEDULE 2 Carnegie Library SouthSide - Oblique Written by: Peggy Boyle, Assistant Planner Page 6 of 9 Page 173 of 457 Submitted by: Status: Andrew Bryce, Director of Planning Approved - 08 Aug 2023 Kira Dolch, General Manager, Planning, Building & Development Approved - 08 Aug 2023 Jason Burgess, CAO Approved - 09 Aug 2023 Page 7 of 9 Page 174 of 457 SCHEDULE 1 Page 8 of 9 Page 175 of 457 Page 9 of 9 Page 176 of 457 PBD-2023-50 Report Report to: Mayor and Council Date: August 15, 2023 Title: Matters Arising from the Municipal Heritage Committee Removal of 6270 Dunn Street from the Municipal Register of Heritage Properties Recommendation(s) That Council approve the removal of the property known municipally as 6270 Dunn Street from the Municipal Register of Heritage Properties. Executive Summary The dwelling located at 6270 Dunn Street appears to have been constructed in the early 1800’s. It was likely constructed as a residential property and part of a larger farm property according to a review of the early Ontario Fire Insurance Atlas. At the request of the property owner to remove the property from the Register, the Municipal Heritage Committee viewed photographs of the property and a site visit was conducted by one member of the committee and staff to determine the property's heritage value to the City. The matter was raised through a formal request, at the Municipal Heritage Committee and it was determined that the property has no further cultural heritage value or interest to the City and the Committee supports the recommendation to remove the property from the Municipal Register. Background The owner approached the City and requested that the property be removed from the register so that future development can occur on the site. The property was originally added to the Register in 1968 when an inventory was taken of all heritage buildings in the City at that time. The reasons for its inclusion on the register remain unclear. It has remained on the Register as there was never a request to remove it. Analysis The dwelling located at 6270 Dunn Street was built c.1812. It is not designated but listed on the Municipal Register of Heritage Properties. It was originally built as a residence as part of a larger farm property as a Fire Insurance Atlas of 1932 show an Page 1 of 3 Page 177 of 457 associated barn across the street from the house. A site visit was conducted by one Committee member and staff, and it was determined that although the original form of the house is still in existence, it has had many additions added over the years. As well the structure has been covered by aluminum siding making it difficult to ascertain if heritage features exist any longer and what they may have been. It is known from city photos that the original cladding may have been stucco, but it is now clad completely in aluminum siding. From an observation of the interior basement walls, a construction date of early 1800’s seems appropriate as the rubble stone foundation was visible. Based on the report from the site visit, the Committee are supportive of the removal of this property from the Municipal Register. Strategic/Departmental Alignment The report aligns with the healthy safe and livable community priority and by updating the Municipal Register, it assists in identifying key heritage buildings to create vibrant and authentic places and spaces and evolving the City’s role in arts, culture and heritage to build a strong, vital and connected sector. List of Attachments Schedule 1 PBD 2023 Aug 15 Written by: Peggy Boyle, Assistant Planner Submitted by: Status: Andrew Bryce, Director of Planning Approved - 08 Aug 2023 Kira Dolch, General Manager, Planning, Building & Development Approved - 08 Aug 2023 Jason Burgess, CAO Approved - 09 Aug 2023 Page 2 of 3 Page 178 of 457 6 2 7 0 D u n n S t c . 2 0 0 0 Page 3 of 3 Page 179 of 457 R&C-2023-11 Report Report to: Mayor and Council Date: August 15, 2023 Title: 2023 Sports Wall of Fame Inductees Recommendation(s) That Council approve the following 2023 Sports Wall of Fame Inductees: David Cuviello, Athlete, Soccer Paul Delano, Athlete, Soccer John Folino, Athlete, Soccer Mike Folino, Athlete, Soccer John Gallo, Athlete, Soccer Donald Gignac, Athlete, Boxing Brian King, Athlete, Soccer Vince Lepiane, Athlete, Soccer Sonny Pascuzzi, Builder, Boxing Vito Scaringi Sr., Builder Baseball and Hockey Andrea Vescio Sherry, Athlete, Soccer Niagara Falls Collegiate and Vocational Institute 1972 Football Team Executive Summary The Sports Wall of Fame Committee hosts the annual Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a special honour that recognizes the significant athletic achievements and contributions of those in our community who have brought fame to the City. The 2023 Sports Wall of Fame Induction Ceremony will be scheduled for early 2024 at the Gale Centre. Background The Sports Wall of Fame Committee has hosted the Niagara Falls Sports Wall of Fame Induction Ceremony since 1989. Induction into the Sports Wall of Fame is a great honour bestowed on Niagara Falls athletes, builders, teams and sponsors. The event is well attended each year and the Committee works to gather sponsors to offset costs. The Committee hosts the event at the Gale Centre where the Sports Wall of Fame is physically located. Analysis Page 1 of 4 Page 180 of 457 The City of Niagara Falls Sports Wall of Fame Committee is pleased to acknowledge the contributions of our athletes, builders, teams and sponsors that have brought fame to themselves and to the City. Financial Implications/Budget Impact City staff will coordinate the Induction Ceremony and have budgeted $4,900 for the event. As noted above, the Committee works to gather sponsors to offset program costs. Strategic/Departmental Alignment The City of Niagara Falls is committed to building and promoting a vibrant, sustainable City that supports an active, connected, healthy, and creative community. Through recognition of the Niagara Falls Sports Wall of Fame Inductees, the City will help to enhance a sense of pride and commitment from our residents and visitors. List of Attachments RCF-2023-11 Attachment 1 2023 Sports Wall of Fame Inductee Achievements Written by: Beth Angle, Manager of Recreation and Programs Submitted by: Status: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Approved - 08 Aug 2023 Jason Burgess, CAO Approved - 08 Aug 2023 Page 2 of 4 Page 181 of 457 Attachment 1: 2023 Sports Wall of Fame Inductee Achievements Name Category Sport Brief Bio David Cuviello Athlete Soccer David has played soccer since the age of five in house league, travelling league, provincial league, and even went semi pro before playing for the Brock Badgers men’s team. In 2002, he was a part of the Brock University men’s soccer team that won a National Championship. He was also on the academic and athletic All-Canadian lists at Brock from 2002-2004. Paul Delano Athlete Soccer In 2002, Paul was a part of the Brock University men’s soccer team that won a National Championship. John Folino Athlete Soccer In 2002, John was a part of the Brock University men’s soccer team that won a National Championship. Mike Folino Athlete Soccer In 2002, Mike was a part of the Brock University men’s soccer team that won a National Championship. John Gallo Athlete Soccer In 2002, John was a part of the Brock University men’s soccer team that won a National Championship. Brian King Athlete Soccer While at St. Paul Catholic High School, Brian was on a soccer team that made it to the SOSSA Championships twice, as well as playing in the OPSL with St. Catharines Club Roma Soccer and advancing as Ontario Cup Finalists. In 2002, he was a part of the Brock University men’s soccer team that won a National Championship. Vince Lepiane Athlete Soccer While playing for the Thorold Cobras, Vince’s team won the Ontario Cup in 1997 and 1998. He also won a silver medal for Team Ontario in the National Championships in 1998. Vince has played in the Niagara Falls Soccer Club, for the Durham City FC in England, the Scarborough Azzurri in Toronto, and the St. Catharines Roma Wolves. In 2002, he was a part of the Brock University men’s soccer team that won a National Championship. He also represented Team Canada at the World University Games in Daegu, South Korea, and was a part of the Ontario University Athletic first team all star for the 2002 and 2003 season. Nowadays, Vince is a valued coach and mentor with the Niagara Football Club and the Niagara Falls Soccer Club. Donald Gignac Athlete Boxing Donald won the senior featherweight Canadian championships in 1993 and represented Canada at several international championships, including the Swedish box open in Stockholm and the pre-commonwealth games in Victoria B.C. Sonny Pascuzzi Builder Boxing One of the original boxing coaches at the Niagara Falls Boxing Club in the late 1970’s and coached several boxers who went on to win Gold medals at the Ontario Provincial Championships as well as a number who competed in national boxing championships (including Rob Fortunate, Mike Strange, Ralph Serluca and Shawn Conlon). Page 3 of 4 Page 182 of 457 Vito Scaringi Sr. Builder Hockey & Baseball Has been a part of the NF Minor Hockey Association and the Greater Niagara Baseball Association for numerous years. Currently the Vice President of the NFMHA and the President of the GNBA, and has been the scheduler for both organizations. Runs major tournaments every year for the NFMHA, and puts in countless hours mentoring young athletes. Andrea Vescio Sherry Athlete Soccer Five-sport athlete in high school, leading her teams to multiple SOSSA and OFSAA championships. Named to the U13 Team Ontario soccer roster in 2000 and has since continued to play high-level soccer and basketball. Has won multiple indoor and outdoor Ontario Cup Championships and League Cup championships in the Ontario Women’s Soccer League. Earned a soccer scholarship to University of Buffalo and led their team as captain and top goal scorer. Also won multiple awards in her time as a UB Bull. Niagara Falls Collegiate and Vocational Institute 1972 Football Team Team Football The first football championship team at NFCVI in 14 years. The team went undefeated 8-0. Points for – 228 / points against – 26. Page 4 of 4 Page 183 of 457 1 Heather Ruzylo From:Clerk Subject:RE: [EXTERNAL]-Niagara Escarpment Biosphere Request for Endorsement From: Niagara Escarpment Biosphere Network <info@nebnetwork.org> Sent: Friday, July 28, 2023 12:35 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Cc: Amanda Harwood <amandaharwood@plentycanada.com>; Patrick J. Robson <PRobson@niagaracollege.ca>; Charlen Winger-Jones <walkingwatertar@gmail.com>; Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-Niagara Escarpment Biosphere Request for Endorsement 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. July 28, 2023 Dear Mayor Jim Diodati: RE: Niagara Escarpment Biosphere Request for Endorsement On behalf of the Niagara Escarpment Biosphere Network’s (NEBN) Board of Directors, we are engaging with municipal leaders, such as yourself Mayor Diodati, along the Niagara Escarpment to build more awareness and support for our newly established organization. The Niagara Escarpment Biosphere (NEB), which has previously been attached to the Niagara Escarpment Commission, has been reconstituted to be a non- governmental organization. This is a critical shift in oversight responsibilities as the NEBN has been established to support the management of the NEB as a community-led, grassroots organization that will work to meet the criteria and standards required by United Nations Educational, Scientific, and Cultural Organization (UNESCO) Man and the Biosphere Programme. UNESCO directed a renewed NEB model as it was no longer appropriate to have management oversight connected within a government agency. In 2021, the Transition Leadership Committee and Plenty Canada (an Indigenous not-for profit organization working to share resources with Indigenous Peoples and community groups around the world in support of environmental sustainability) signed a memorandum-of-understanding to work together on developing this new co-governance structure. Work has been progressing and last Spring (2022), the NEBN became officially incorporated under provincial regulations. The NEBN is now the official entity that is working on a renewed mandate and continued designation of the NEB. We are at a point now where we need your help. As a municipality within the Niagara Escarpment area, we need your leadership and the endorsement of your Council to re-commit to the community’s support of the Page 184 of 457 2 Niagara Escarpment Biosphere. With the NEB designation currently under UNESCO review, your endorsement will be key in ensuring we maintain this important globally recognized designation. We have drafted a proposed motion and we are asking you to put it before your Council for endorsement. If you require a member of the NEBN to attend a Council meeting to help gain your Council’s support, a member of our team will be more than willing to attend. Also, we have included some additional facts about the NEBN, and you can also check out our website http://nebnetwork.org/ or email us at info@nebnetwork.org to learn more. Thank you for your consideration in this very important matter. Sincerely, Walter Sendzik, NEBN Board Member and former Mayor of the City of St. Catharines Cc: Patrick Robson, NEBN Chair Charlene Winger, NEBN Vice-Chair Amanda Harwood, Plenty Canada Page 185 of 457 What is the Niagara Escarpment Biosphere? In recognition of its unique ecological characteristics, the Niagara Escarpment Biosphere (NEB) located in south-central Ontario was designated as United Nations Educational, Scientific and Cultural Organization (UNESCO) World Biosphere in 1990. It is the largest continuous stretch of forested area remaining within Ontario reaching 725 km from Lake Ontario to tip of the Bruce Peninsula. It encompasses two major biomes (Boreal Forest and Temperate Broadleaf Forest), contains 30+ regions/municipalities, and many other diverse natural and urban environments. The NEB is comprised of three separate zones, including core zones, buffer zones and transitional zones, enveloping approximately 194,555 hectares of land. The unique composition of these three characteristic zones allows for the NEB to conserve biodiversity while simultaneously promoting sustainable development where appropriate. Given the expansive area of the NEB, it is appropriate to accommodate the needs of a number of partners and provide ample opportunity for community engagement. UNESCO does not subscribe to any single model of governance, therefore, governance across the Biosphere’s of different countries varies significantly, depending largely on the objectives and goals of partners and nearby communities. What is the Niagara Escarpment Biosphere Network? Following the most recent periodic review of the NEB by UNESCO, fundamental changes were required to maintain the critical UNESCO Biosphere Designation. A key recommendation was how the NEB was governed and how it engaged with partners - especially Indigenous Peoples. To guide a governance transition, a Transition Leadership Committee (TLC) has been established to facilitate the transition. The NEB has transitioned from a government oversight model to a citizen-led model, including emphasis on meaningful Indigenous engagement and partnership. In fact, TLC is in a co- management framework with Plenty Canada, an Indigenous led organization working to share resources with Indigenous Peoples and community groups around the world in support of environmental sustainability. The Niagara Escarpment Biosphere Transitional Leadership Committee has been working to establish the Niagara Escarpment Biosphere Network (NEBN) as the new entity that will focus on maintaining the biosphere designation in partnership with all communities within the NEB. In March 2022, the NEBN became officially incorporated under provincial regulations. Photo © MarkZelinski.com Page 186 of 457 What is the difference between the Niagara Escarpment Commission and the Niagara Escarpment Biosphere Network? The Niagara Escarpment Commission (NEC) is a provincially legislated body with a responsibility that focuses on its land use mandate under the Niagara Escarpment Planning and Development Act, guided by the Niagara Escarpment Plan. Ensuring compliance with its regulatory land use policies is an important function of the NEC. The goal of a UNESCO Biosphere is to promote biodiversity, conservation and relationships between humans and the environment. A recent UNESCO review of the NEB noted a need to better measure conservation, biodiversity, and human relation impacts, not just compliance. This includes promoting biodiversity not only within the NEB but also on adjacent lands. Although this work has been on-going by community groups for many years across the Niagara Escarpment, it has not been captured and networked in a way that provides meaningful inputs into the NEB. The NEBN is a separate, provincially incorporated entity that will address the missing pieces of the UNESCO designation that includes measuring impacts on the biodiversity of the NEB. The NEBN is a community-led organization that includes partners within the NEB - including an important co-governance model with Indigenous Peoples. Why your support is important to the NEBN? To continue to maintain the important Niagara Escarpment Biosphere designation from UNECSO, the NEBN needs the support of First Nations, elected officials, community leaders, educational institutions, environmental groups, business organizations - in essence all groups that see the importance of the Niagara Escarpment as it has been protected for generations. Through resolutions, stories, letters, and testimonials, the NEBN needs to verify to UNESCO that there is a strong and unified, cross-societal base of support for the continuation of the NEB. Additionally, it is important for UNESCO to see the widespread support for the NEBN as the networking agency that connects the Niagara Escarpment in a way that celebrates all of its benefits – environmental, cultural, economic, and social – with our communities. Photo © MarkZelinski.com Page 187 of 457 Sample Municipal Resolution in Support of NEBN Whereas the Niagara Escarpment, from Queenston in the south to Tobermory in the north, has been recognized by the United Nations Educational, Scientific and Cultural Organization (UNESCO) as a World Biosphere since 1990; And whereas the Niagara Escarpment Biosphere (NEB) provides a range of very positive returns to Ontarians, including but not limited to promoting biodiversity of both flora and fauna, open landscape, productive agriculture and agri-tourism, traditional Indigenous knowledge and cultural history, eco-system services, a living laboratory for learning, carbon sequestration, climate change mitigation and adaptation; And whereas the NEB is integral to the protection and enhancement agenda for the Great Lakes, especially since several of Ontario’s major riverine systems have their headwaters within the NEB that in turn feed into each of Lake Huron, Lake Erie, Lake Ontario and Georgian Bay; And whereas oversight of the NEB has successfully transitioned from the Ontario governmental agency, the Niagara Escarpment Commission to a citizen -centred, not-for- profit organization, namely the Niagara Escarpment Biosphere Network (NEBN); And whereas the NEBN has been established as a Co-Leadership model between Indigenous and Non-indigenous leaders, with a key objective of establishing the future direction of the NEBN as a model of delivering on the worthy goals of Canada’s Truth and Reconciliation Commission as well as a demonstrated commitment to the United Nation’s Declaration on the Rights of Indigenous Peoples; And whereas the NEBN has made and continues to demonstrate its commitment to partner engagement and collaboration across many sectors and interests, including municipal, environmental, tourism, educational, youth, economic, research, and more; And whereas municipality’s/agency’s name here has demonstrated its commitment to the integrity of the NEB through policy and action over many decades; And whereas the NEBN is seeking continuation of the official UNESCO Biosphere designation for the NEB, with the support of those who call the NEB home for work, play and study; Now therefore be it resolved that the insert municipality’s/agency’s name here strongly supports the continuation of the UNESCO Biosphere designation for the Niagara Escarpment and for the oversight model that has been established with the NEBN. Page 188 of 457 Proclamation request WHEREAS Community support has been critical throughout the Arthritis Society Canada’s 75-year history, enabling the organization to fulfill its mission to fight the fire of arthritis with cutting-edge research, bold innovation, fiery advocacy, and evidence-based information and patient-centered support. WHEREAS Arthritis is not just arthritis. Arthritis is serious. It causes debilitating pain, restricts mobility and diminishes quality of life. Six million Canadians – 1 in 5 – live every day with the fire of arthritis and there is no cure. Without a greater spotlight on this growing issue, the number of Canadians with arthritis will rise to nine million by 2040. . WHEREAS During Arthritis Awareness Month this September, we seek to raise voices and awareness, and we are encouraging everyone who lives with arthritis – and all those who know and love them – to fight the fire of arthritis. . WHEREAS The Arthritis Society Canada is a Canada’s national charity dedicated to extinguishing arthritis for good. We respectfully request that the Town of Niagara Falls issue a proclamation declaring September as Arthritis Awareness Month to help us reach residents of Niagara Falls with our message and to illustrate your support for those living with the disease, and their families. We additionally request that Niagara Falls City Hall is lit up in blue on Thursday, October 12 in support of World Arthritis Day. This request has been sent to communities and monuments across Canada, and we look forward to sharing pictures on social media of a nation united in this important cause. Please join us! Last year, 47 buildings in 34 communities across the country glowed blue for AAM, we are hoping to increase our numbers this year. With your help we can achieve this goal. Should you have any questions about this request, please don’t hesitate to reach out to my colleague, Liz Winiker at lwiniker@arthritis.ca. With gratitude for your consideration, Laura Mandell Interim Vice President, Marketing & Communications Page 189 of 457 June 26, 2023 Re: 23rd Annual Child Care Worker and Early Childhood Educator Appreciation Day , October 17, 2023 To Ontario mayors and councils, We are writing to ask that you and your council proclaim and participate in Child Care Worker & Early Childhood Educator Appreciation Day on Tuesday, October 17, 2023. This day recognizes the commitment, skills and hard work of Early Childhood Educators (ECEs) and staff who work with young children. Each year, the day is proclaimed by the Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE), municipalities and school boards across Ontario, and is marked by hundreds of child care centres, unions, and allies. This year’s Child Care Worker and Early Childhood Educator Appreciation Day theme is WORTH MORE! This Appreciation Day will be important as we continue to navigate the implementation of the Canada-Wide Early Learning and Child Care system and push for it to include decent work and pay for ECEs and child care workers. They deserve decent work and pay. To fulfil the promise of the Canada-Wide Early Learning and Child Care system we need to ensure high quality spaces for every family who needs it. We have seen how affordable child care is life-changing for many families, but we need to make that possible for all. To make that vision a reality we need to expand access to child care by building new programs – but most importantly we must ensure that we retain, re-attract and recruit ECEs and child care workers with decent work and fulfilling careers to lead these vital, educational programs. We will be sharing these messages on Appreciation Day and we need your help to make it happen by making an official proclamation. If your council does not issue official proclamations, there are many alternative ways for your municipality to participate in celebrating this important day: • Organize a public announcement; • Flag raising or purple light display; • Display our posters and distribute our buttons; and • Organize events and contests for the day or have councilors or the mayor participate in events hosted by child care centres. A sample proclamation and document outlining additional ways to recognize this important day is attached. We would love to acknowledge municipalities who choose to celebrate child care workers and ECEs across Ontario on October 17, 2023. Please let us know how your municipality is participating in the appreciation day and we will add you to our list of proclamations and celebrations. Please direct any correspondence on proclamations and/or celebration activities to the attention of Carolyn Ferns, by mail: Ontario Coalition for Better Child Care, PO Box 73034 Wood Street PO Toronto, ON M4Y 2W5, or by email at: carolyn@childcareontario.org. Thank you for your consideration. Sheila Olan-MacLean President, OCBCC Fred Hahn President, CUPE Ontario Division lpd/cope491 Page 190 of 457 Le 26 juin 2023 Objet : la 23e Journée d'appréciation des éducatrices et éducateurs et des travailleuses et travailleurs de la petite enfance, le 17 octobre 2023 Aux maires et aux conseillers municipaux de l’Ontario, Par la présente, nous vous demandons à vous et à votre Conseil municipal de proclamer et de célébrer la Journée d'appréciation des éducatrices et éducateurs et des travailleuses et travailleurs de la petite enfance , le 17 octobre 2023. Cette journée reconnaît l'engagement, les compétences, le travail acharné et le dévouement des éducateurs et éducatrices de la petite enfance (ÉPE) et du personnel qui travaillent avec les jeunes enfants. Chaque année, la journ ée est proclamée par la Coalition ontarienne pour de meilleurs services éducatifs à l’enfance (COMSÉE), le Syndicat canadien de la fonction publique (SCFP), les municipalités et les conseils scolaires de l'Ontario. Elle est célébrée par des centaines de ga rderies, de syndicats et d'alliés. Cette année, le thème de la Journée d'appréciation des éducatrices et éducateurs et des travailleuses et travailleurs de la petite enfance est MÉRITENT MIEUX ! La Journée d’appréciation est d’importance alors que nous continuons de gérer la mise en place d’un système pancanadien d’apprentissage et de services de garde d’enfants qui comprend un travail et un salaire décents pour les ÉPE et les travailleurs et travailleuses en garderie. Ils(elles) méritent un travail et un salaire décents. Pour tenir la promesse en ce qui concerne un système pancanadien d'apprentissage et de services de garde d’enfants, nous devons garantir des places de qualité à toutes les familles qui en ont besoin. Nous avons constaté que des services de garde d'enfants abordables changent la vie de nombreuses familles et nous devons faire en sorte que cela soit possible pour tous(toutes). Pour que cette vision devienne réalité, nous devons élargir l'accès aux services de garde d'enfants en créant de nouveaux programmes. Mais, nous devons surtout nous assurer que nous retenons, attirons à nouveau et recrutons des ÉPE et des travailleurs et travailleuses en garderie avec un travail décent et une carrière épanouissante pour gérer ces programmes éducatifs essentiels. Nous diffuserons ces messages lors la Journée d’appréciation. Veuillez nous aider en faisant une proclamation officielle. Même si votre Conseil municipal n’émet pas de proclamation officielle, il y a de nombreuses façons de participer er de célébrer cette importante journée, par exemple : • Organiser une annonce publique. • Levée de drapeau ou un affichage lumineux violet. • Apposer nos affiches et distribuer nos macarons. • Organiser des événements et des concours pendant la journée ou encore vous assurer que les conseillers municipaux et le maire participent à des activités organisées par les garderies. Vous trouverez ci-joints un exemple de proclamation ainsi que des documents faisant ressortir d’autres manières de reconnaître cette importante journée. Nous tenons à reconnaître les municipalités qui célébreront les ÉPE et les travailleurs et travailleuses en garderie, à l’échelle de l’Ontario, le 17 octobre 2023. Veuillez nous informer de la façon dont votre municipalité participera à cette Journée et nous l’ajouterons à notre liste de proclamations et de célébrations. Veuillez faire parvenir toute correspondance touchant les proclamations et/ou activités de célébration à l’attention de Carolyn Ferns, par la poste à la Coalition ontarienne pour de meilleurs services éducatifs à l'enfanc e, Boîte postale 73034, Wood Street PO, Toronto (Ontario) M4Y 2W5 ou par courriel à carolyn@childcareontario.org. Nous vous remercions de l’attention que vous porterez à la présente. Sheila Olan-MacLean Présidente de la COMSÉE Fred Hahn Président de la division de l’Ontario du SCFP lpd/cope491 Page 191 of 457 Ontario Coalition for Better Child Care Phone: 416-538-0628 Ext. 2 Email: info@childcareontario.org This day recognizes the commitment, hard work and dedication of Early Childhood Educators (ECEs) and staff who work with young children. Each year, the day is proclaimed by The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE), municipalities and school boards across Ontario, and is marked by hundreds of child care centres, unions, and allies. While recognition is important, action to achieve change is even better. Visit childcareworthmore.ca to make your voice heard and ensure child care workers and early childhood educators are treated with respect. Tips to Recognize and Celebrate the Day! Everyone Municipalities School Boards Child Care Centres Show child care workers your appreciation on social media: • Share photos of how you’re celebrating the day • Share an event prior to the date to raise awareness • Write a kind message about a child care provider you know • Use the hashtag #ECEappreciation and tag us @ChildCareON • Place an ad in the local newspaper promoting the day • Nominate staff from local child care centres to be recognized by the Mayor • Encourage local councillors to tour child care centres to find out more about this important work • Organize a community-wide celebration to recognize individual staff, centres, and programs • Insert the day on the October calendar • Arrange to have the day announced on the PA • Encourage classes of students to visit the child care centre • Set up a Wall of Fame where parents have the opportunity to say thank you to staff • Place our poster on school bulletin boards • Host a pizza lunch for staff • Give staff members a certificate of appreciation. • Have every staff in the centre vote on one child care champion of the year • Set up a board near the entrance of the centre where parents may write thank-you notes • Place our poster on the main doors * Contact the OCBCC to order posters and buttons by October 3, 2023 to ensure timely delivery. lpd/cope491 2 3 R D ANNIVERSARY | OCTOBER 17, 202 3 CHILD CARE WORKER AND EARLY CHILDHOOD EDUCATOR APPRECIATION DAY Page 192 of 457 Coalition ontarienne pour de meilleurs services éducatifs à l’enfance Téléphone : 416-538-0628, poste 2 Adresse courriel : info@childcareontario.org Cette journée reconnaît l’engagement, le travail acharné et le dévouement des éducateurs et éducatrices de la petite enfance (ÉPE) et du personnel qui travaillent avec les jeunes enfants. Chaque année, la journée est proclamée par la Coalition ontarienne pour de meilleurs services éducatifs à l’enfance (COMSÉE), le Syndicat canadien de la fonction publique (SCFP), les municipalités et les conseils scolaires de l’Ontario. Elle est célébrée par des centaines de garderies, de syndicats et d’alliés. Si la reconnaissance est importante, l’action préconisant le changement l’est encore plus. Consultez https://lesservicesdegardevalentplus.ca/ pour faire entendre votre voix et veiller à ce que les travailleurs et travailleuses en garderie et les éducateurs et éducatrices de la petite enfance soient traité(e)s avec respect. Quelques idées sur la façon de célébrer la journée ! Tout le monde Les municipalités Les conseils scolaires Les garderies Montrez votre appréciation des travailleurs et travailleuses des services éducatifs à l’enfance sur les médias sociaux : •Partagez des photos sur la façon dont vous célébrez la journée. • Annoncez un événement avant sa tenue afin de sensibiliser la population. • Écrivez un petit mot gentil à propos d’un(e) travailleur et travailleuse en garderie que vous connaissez. • Utilisez le mot clic #ECEappreciation et balisez-nous à @ChildCareON. • Placez une annonce dans le journal local faisant la promotion de la journée. • Nommez des membres du personnel des garderies locales remarquables que le maire devrait reconnaître. • Invitez les conseillers et conseillères municipaux à visiter des garderies pour en savoir plus sur ce travail important. • Organisez une célébration à l’échelle de la communauté afin de reconnaître des membres du personnel, des garderies et des programmes. • Inscrivez le jour à l’agenda d’octobre. • Veillez à ce que la journée soit annoncée sur le système électroacoustique. • Invitez les élèves à visiter la garderie. • Installez un Mur de la renommée où les parents peuvent laisser un mot de remerciement au personnel. • Apposez notre affiche sur le babillard du conseil scolaire. • Organisez un dîner-pizza pour le personnel. • Remettez à chaque membre du personnel un certificat d’appréciation. • Demandez au personnel de voter pour le champion des services de garde d’enfants de l’année. • Installez un babillard près de l’entrée de la garderie où les parents peuvent écrire un mot de remerciements. • Apposez une affiche sur les portes principales. * Veuillez communiquer avec la COMSÉE pour commander des affiches et des macarons au plus tard le 3 octobre 2023 pour garantir la livraison en temps opportun. lpd/cope491 23E ANNIVERSAIRE | LE 17 OCTOBRE 2023 JOURNÉE DE RECONNAISSANCE DES TRAVAILLEURS DES SERVICES ÉDUCATIFS À L'ENFANCE Page 193 of 457 23rd Annual Child Care Worker and Early Childhood Educator Appreciation Day October 17, 2023 Proclamation Whereas years of research confirms the benefits of high-quality early learning and child care for young children’s intellectual, emotional, so cial and physical development and later life outcomes; and Whereas child care promotes the well-being of children and responds to the needs of families and the broader community by supporting quality of life so that citizens can fully participate in and contribute to the economic and social life of their community; and Whereas trained and knowledgeable Registered Early Childhood Educators and child care staff are the key to quality in early learning and child care programs; Whereas Registered Early Childhood Educators and child care workers will be vital to the success of the Canada-Wide Early Learning and Child Care system; Therefore, Be It Resolved that October 17, 2023 be designated the 23rd annual “Child Care Worker & Early Childhood Educator Appreciation Day” in recognition of the education, dedication and commitment of child care workers to children, their families and quality of life of the community. lpd/cope491 Page 194 of 457 23e Journée d’appréciation des éducatrices et éducateurs et des travailleuses et travailleurs de la petite enfance Le 17 octobre 2023 Proclamation Attendu que des années de recherche viennent confirmer les avantages des services de garde d’enfants de haute qualité pour le développement intellectuel, émotionnel, social et physique des jeunes enfants et leurs résultats ultérieurs dans la vie; et Attendu que les services de garde d’enfants favorisent le bien-être des enfants et pourvoient aux besoins des familles et de l’ensemble de la communauté en soutenant la qualité de vie afin que les citoyens et citoyennes puissent participer et contribuer pleinement à la vie économique et sociale de leur communauté; et Attendu que les éducateurs et éducatrices de la petite enfance et les travailleurs et travailleuses en garderie formé(e)s et compétent(e)s sont la clé de la qualité des programmes d'apprentissage et de garde d’enfants ; et Attendu que les éducateurs et éducatrices de la petite enfance et les travailleurs et travailleuses en garderie agréé(e)s seront essentiel(le)s à la réussite du Système d’apprentissage et de garde des jeunes enfants pancanadien, Il est donc résolu que le 17 octobre 2023 soit désigné comme la 23e Journée d’appréciation des éducatrices et éducateurs et des travailleuses et travailleurs de la petite enfance en reconnaissance de l'éducation, du dévouement et de l'engagement des travailleurs et travailleuses en garderie envers les enfants, leurs familles et la qualité de vie de la communauté. lpd/cope491 Page 195 of 457 1 Heather Ruzylo To:Jim Diodati Subject:RE: [EXTERNAL]-Proclamation of Pitt Hopkin’s Syndrome on 18th September From: Jim Diodati <jdiodati@niagarafalls.ca> Sent: Friday, July 28, 2023 2:25 PM To: Nazneen Jawed < Jim Diodati <jdiodati@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Subject: RE: [EXTERNAL]-Proclamation of Pitt Hopkin’s Syndrome on 18th September Dear Nazneen: Thank you for writing and I’m sorry to learn about your son’s rare genetic disorder. I am pleased to try to help, here, too in your new home in the City of Niagara Falls. I’m keying in some staff here who can bring your request forward at the next City Council Meeting. I trust that they will circle back to be in touch to follow up on your request after it comes to City Council. Thank you for being in touch. 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: Nazneen Jawed < Sent: Friday, July 28, 2023 12:45 PM Page 196 of 457 2 To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Proclamation of Pitt Hopkin’s Syndrome on 18th September Hello, Hope this email finds you well. This is stated humbly to let you know that we, family of 5, moved to Niagara falls last year from Milton, Ontario. My son, Junaid, 6 yrs old now, has a very rare genetic disorder call ed Pitt Hopkin's syndrome, diagnosed at the age of 18 months. Pitt Hopkin's syndrome is a very rare genetic disorder involving 1000 children worldwide. 18th September is proclaimed as Pitt Hopkin’s Syndrome awareness day at International level. Therefore, Mayor of Milton, proclaimed 18th September as Pitt Hopkin’s Syndrome awareness day for Junaid and children like Junaid. Since, we have moved to Niagara falls and we call it our Home now, we would like to request our Mayor to proclaim 18th September 2023 as Pitt Hopkin’s Syndrome awareness day. The purpose of this proclamation is to create awareness about this rare genetic disorder to make community more inclusive towards these children. Moreover, parents, who feel alone during this time, should know we are there to support them in this long journey. Please feel free to email me if you have any questions. https://rarediseases.org/rare-diseases/pitt-hopkins-syndrome/ There is more information for you through the above-mentioned link. Thank you, Nazneen Jawed Mother of Junaid Shahzad Get Outlook for Android 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 197 of 457 1 Heather Ruzylo Subject:Childhood Cancer Awareness Month flag raising From: Patti Bauer < Date: July 27, 2023 at 7:26:08 PM EDT To: Bill Matson <billmatson@niagarafalls.ca> Cc: Mike Strange <mstrange@niagarafalls.ca> Subject: [EXTERNAL]-Childhood Cancer Awareness Month flag raising Good evening Bill I am reaching out to see if we can schedule a flag raising for Childhood Cancer Awareness Month in memory of our daughter/sister Miranda Bauer. September is Childhood Cancer Awareness Month and we are hoping to be able to get the flag up August 31st if that is possible or of course anytime in September. We have the flag and will make sure it is at City Hall at your convenience. Let me know if I need to fill out a form on the website for this request. Thank you for your help and support as always! Patti, John and Eric Bauer CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We value and respect flexible work arrangements. Although I have sent this at a time that is convenient for me, it is not my expectation that you read, respond or follow up on this email outside of your work hours. Page 198 of 457 Niagara Falls, Ontario Mayoral Proclamation WHEREAS, the municipality of Niagara Falls, Ontario does affirm and acknowledge the harm and hardship caused by the drug poisonings; and WHEREAS, we recognize the purpose of International Overdose Awareness Day as remembering loved ones lost to drug poisonings and ending the stigma of drug-related deaths; and WHEREAS, we resolve to play our part in reducing the toll of drug poisonings in our community, which claimed the lives of more than more than 115 residents of the Niagara Region in 2022 with countless more affected forever; and WHEREAS, we affirm that the people affected by the drug poisoning crisis are our sons and daughters, our mothers and fathers, our brothers and sisters, and deserving of our love, compassion and support; THEREFORE, I, Mayor Jim Diodati, do hereby proclaim August 31, 2023, as International Overdose Awareness Day in Niagara Falls, Ontario. Page 199 of 457 1 Heather Ruzylo Subject:-Rail Safety Week 2023 | Proclamation request Begin forwarded message: From: Stephen Covey <stephen.covey@cn.ca> Date: July 20, 2023 at 1:49:23 PM EDT To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Rail Safety Week 2023 | Proclamation request Reply-To: Stephen Covey <Marie-Pier.Triganne@cn.ca> cn.ca Dear Mayor Diodati; Every year, more than 2,100 North Americans are killed or seriously injured because of unsafe behaviour around tracks and trains. By adopting the attached draft proclamation, you can help raise awareness for rail safety in your community. Working safely is, by far, the most important thing we do each day at CN. Every employee deserves to go home safely. Every community needs to know they will not be put in harm’s way. At CN, we aspire to zero – zero fatalities, zero serious injuries, zero harm. We need your help. We firmly believe that all crossing and trespassing related incidents are preventable. By working together, we can help save lives. Rail Safety Week will be held in Canada and the United States from September 18-24, 2023. This is an opportunity for us all to educate the public on rail safety. As a leader in your community, your council plays a key role in improving public awareness about the dangers around tracks and trains. Rail safety is a shared responsibility. We are asking you to engage with your communities about rail safety and to sign the enclosed proclamation highlighting your community’s commitment to rail safety. We would like to publicly recognize your commitment. For us to do that, we ask that you please return the signed proclamation by e-mail to Marie- Pier.Triganne@cn.ca. If you have any questions or concerns, please contact Daniel Salvatore, your local CN Public Affairs representative, at Daniel.Salvatore@cn.ca For more information: 1. Questions or concerns about rail safety in your community, contact our Public Inquiry Line at 1-888- 888-5909 2. For additional information about Rail Safety Week 2023 visit cn.ca/railsafety or operationlifesaver.ca Page 200 of 457 2 3. Let us know how you promote rail safety in your community by visiting www.cn.ca/RSW2023 Janet Drysdale Stephen Covey Senior Vice-President and Chief Stakeholder Relations Officer Chief of Police and Chief Security Officer CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We value and respect flexible work arrangements. Although I have sent this at a time that is convenient for me, it is not my expectation that you read, respond or follow up on this email outside of your work hours. Page 201 of 457 Click on the image below for the direct link: For specific information on Ontario and Atlantic Canada, visit: https://www.cn.ca/en/delivering- responsibly/community/network-and-facts/. We look forward to continuing to collaborate and building stronger communities across our network, with you. Stay safe, Daniel Salvatore Manager Public Affairs, Ontario & Atlantic Canada Corporate Services C: 647-544-3368 Page 202 of 457 1 Heather Ruzylo Subject:-Plant Based Treaty brings the solutions we need NOW! From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Wednesday, July 5, 2023 1:58 PM To: Judy Doerr < Jim Diodati <jdiodati@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Cc: Erik Nickel <enickel@niagarafalls.ca>; Adam Allcock <aallcock@niagarafalls.ca> Subject: RE: [EXTERNAL]-Plant Based Treaty brings the solutions we need NOW! Dear Judy: Thank you for your email to Mayor Diodati. As you know, we are currently undergoing a Climate Change Adaptation Plan in the City of Niagara Falls and you can find updates here: https://letstalk.niagarafalls.ca/climate-adaptation- plan?_gl=1*r9u2fp*_ga*MTY4ODUyNDE5MC4xNjIzMzM5OTc0*_ga_G6QPL58N6M*MTY4ODU 3Nzk4Mi4xNDEuMS4xNjg4NTc5NjkzLjAuMC4w A draft plan is expected to be launched to the community later this month, and then brought to City Council for their adoption by the Fall. As for your request for Mayor Jim to sign a plant-based treaty, this would be something that would have to be addressed by City Council as a whole, and therefore I’m putting you in touch with Bill Matson, City Clerk, as well as Heather Ruzylo in his office to follow up. I trust they will let you know how your item will move forward. carey Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca From: Judy Doerr < Sent: Wednesday, July 5, 2023 12:58 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Plant Based Treaty brings the solutions we need NOW! Dear Mayor Jim Diodati, Page 203 of 457 2 In October 2022, Los Angeles became the largest US city to pass a resolution endorsing the Plant Based Treaty, this was later followed by the capital of Scotland, Edinburgh endorsing in January 2023. A coalition of groups, including Toronto 350.org, Reimagine Agriculture and Plant Based Data, is urging town and city councillors across the country to support sustainable diets by signing the Plant Based Treaty initiative. The UN Secretary-General António Guterres’ described the release of the IPCC sixth assessment as a 'code red' for humanity and our last chance to avoid catastrophic climate breakdown. Greenhouse gases must be cut in a rapid and sustained manner to avoid temperatures rising above 1.5C. According to the 2021 UN Global Methane Assessment, methane, of which a t hird comes from animal agriculture, must be cut by 45% by 2030. The Plant Based Treaty is designed to put food systems at the forefront of combating the climate crisis. Modeled on the popular Fossil Fuel Treaty, the treaty aims to halt the widespread degradation of critical ecosystems caused by animal farming and promote a shift towards healthier, sustainable plant-based diets. More than 400 politicians back the treaty, along with IPCC scientists Dr. Peter Carter and Professor Julia Steinberger, and Nobel Laureates including Klaus Hasselmann and Roger D. Kornberg. More than 2,000 groups and businesses have signed on, including Canadian fast food chain Odd Burger, Tofurky, Ocean Preservation Society, Fridays For Future Digital, and chapters of Greenpeace and Friends of the Earth. Ben Parker, councillor from the City of Edinburgh Council, said, “In 2021 we signed the Fossil Fuel Treaty and I’m now delighted to see us endorse the Plant Based Treaty in 2023. To sign the treaty is to show that we take our climate commitments seriously, and recognise the science behind the climate emergency – that is, to know that food systems are key drivers of emissions, and that plant-based foods must figure as part of the solution to tackling climate change.” Please visit www.plantbasedtreaty.org, where you can sign your name to endorse the Plant Based Treaty or consider putting forward a motion for your city to endorse. You can email hello@plantbasedtreaty.org for a sample motion. Thank you for taking climate action today to secure a future for all. Sincerely, Judy Doerr Niagara Falls, ON Canada Plant Based Treaty Supporter 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 204 of 457 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 July 21, 2023 CL 11-2023, July 20, 2023 PEDC 7-2023, July 12, 2023 PDS 22-2023, July 12, 2023 LOCAL AREA MUNICIPALITIES NIAGARA PENINSULA CONVERSATION AUTHORITY (NPCA) SENT ELECTRONICALLY Proposed Provincial Planning Statement – Natural Heritage Policies PDS 22-2023 Regional Council, at its meeting held on July 20, 2023, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 22-2023, dated July 12, 2023, respecting Proposed Provincial Planning Statement – Natural Heritage Policies, BE RECEIVED and BE CIRCULATED to the Local Area Municipalities and the Niagara Peninsula Conversation Authority. A copy of PDS 22-2023 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2023-081 cc: S. Norman, Senior Planner M. Sergi, Commissioner, Growth, Strategy and Economic Development N. Oakes, Executive Assistant to the Commissioner, Growth, Strategy and Economic Development Page 205 of 457 PDS 22-2023 July 12, 2023 Page 1 Subject: Proposed Provincial Planning Statement – Natural Heritage Policies Report to: Planning and Economic Development Committee Report date: Wednesday, July 12, 2023 Recommendations 1. That this Report BE RECEIVED for Information; and 2. That Report PDS 22-2023 BE CIRCULATED to the Local Area Municipalities and the Niagara Peninsula Conversation Authority (NPCA). Key Facts • The purpose of this report is to inform Regional Council that the Province released the natural heritage policies for the proposed Provincial Planning Statement (2023) on June 16, 2023. • In comparison to the existing Provincial Policy Statement (2020), there are no changes to the natural heritage policies. Several changes have been made to the associated natural heritage definitions. • The proposed PPS (2023) has not carried forward the “Natural Heritage System for the Growth Plan” which was introduced in the 2017 Growth Plan and fully integrated into the Niagara Official Plan which was approved by the Province in November 2022. Financial Considerations There are no financial consideration arising from this report. Analysis Background On April 6, 2023, the Ministry of Municipal Affairs and Housing (MMAH) posted a proposal on the Environmental Registry of Ontario (ERO) for the formation of a new Provincial Planning Statement (proposed PPS, 2023). This new planning instrument is proposed to combine the existing Provincial Policy Statement (PPS, 2020) and A Place Page 206 of 457 PDS 22-2023 July 12, 2023 Page 2 ______________________________________________________________________ to Grow: Growth Plan for the Greater Golden Horseshoe (Growth Plan, 2019) into a single province-wide planning document with a focus on housing. The proposed PPS (2023) was introduced to Regional Council through CWCD 2023-77 (April 21, 2023) and Regional Council was advised of staff comments on the proposed PPS through PDS-C 20-2023 (June 7, 2023). At the time of the initial April 6, 2023 release of the proposed PPS (2023) the natural heritage policies and their associated definitions were deferred. On June 16, 2023 the natural heritage policies and associated definitions were released by the Province for comments. The deadline for submitting comments on the ERO posting has been extended to August 4, 2023. Proposed Policies and Definitions In comparison to the existing Provincial Policy Statement (2020), there are no changes to the natural heritage policies. Several changes have been made to the associated natural heritage definitions. Firstly, the definition of “significant” as it applies to wetlands has been updated to reflect the revised process for identifying provincially significant wetlands which was introduced by the Province in late 2022. Secondly, “habitat of endangered species and threatened species” has been removed from the definition of “natural heritage features and areas”, this change is not considered significant given that proposed policy 4.1.7 continue to prohibit development and site alteration in the habitat of endangered species and threatened species, except in accordance with provincial and federal requirements, and these habitats would continue to be protected through the Endangered Species Act. There continues to be a requirement for municipalities to identify and protect natural heritage systems, including the consideration of connectivity and linkages (proposed policy 4.1.2) and adjacent lands (proposed policy 4.1.8). Previously released draft policies continue to require municipalities to identify a water resource system (proposed policy 4.2.1 c)). Notably, the Province has not included a policy which prevents municipalities from going beyond the minimum standards of the proposed PPS (which were included for certain draft policies related to agriculture and employment). The introduction of the proposed PPS continues to states that “policies represent minimum standards” and “planning authorities and decision-makers may go beyond these minimum standards to address matters of importance to a specific community”. This would suggest that natural Page 207 of 457 PDS 22-2023 July 12, 2023 Page 3 ______________________________________________________________________ systems going beyond minimum standards – such as natural environment system (NES) option 3C implemented through the Niagara Official Plan would still be considered consistent with the proposed PPS. Natural Heritage System for the Growth Plan When the updated Growth Plan for the Greater Golden Horseshoe was released in 2017 and subsequently revised in 2019, it included policies, definitions, and mapping for a “Natural Heritage System for the Growth Plan”. Municipalities were required to incorporate and implement the policies and mapping into their official plans. The Natural Heritage System for the Growth Plan was included as part of the integrated NES that was approved by the Province as part of the Niagara Official Plan in November 2022. As the proposed PPS (2023) will integrate the PPS (2020) and Growth Plan (2019), there will no longer be a stand alone Growth Plan document. The Natural Heritage System for the Growth Plan is not proposed to be included as part of the proposed PPS (2023), and would therefore no longer be Provincial policy. Staff are currently considering the impacts of the loss of the Natural Heritage System for the Growth Plan and intend to provide comments to the Province including requesting that the “Proposed Approach to Implementation of the proposed Provincial Planning Statement” document be updated to provide further guidance to municipalities that have already fully integrated the Natural Heritage System for the Growth Plan into their municipal official plans. Staff will report back to Council once the analysis has been complete and comments have been submitted to the Province. Greenbelt Plan Natural Heritage System Through the “Proposed Approach to Implementation of the proposed Provincial Planning Statement” document that was included as part of the original ERO on April 6, 2023, it is understood that there are no proposed changes to the Greenbelt Plan policies and how the Greenbelt Plan is to be implemented. It is therefore understood that the Greenbelt Plan Natural Heritage System, first introduced in 2005, would continue to be Provincial policy and implemented by municipalities. The Greenbelt Plan Natural Heritage System policies and mapping form part of the Region’s integrated NES. Page 208 of 457 PDS 22-2023 July 12, 2023 Page 4 ______________________________________________________________________ Alternatives Reviewed As this report is for information, there are no alternatives reviewed. Relationship to Council Strategic Priorities Reviewing and commenting on proposed changes to Provincial natural heritage policies aligns with Council’s strategic priority of protecting Niagara’s natural environment. Other Pertinent Reports • CWCD 2023-77 - Provincial Consultation on Bill 97 and a new Provincial Policy Instrument (April 21, 2023) • PDS-C 20-2023 - Staff Comments on the Proposed Provincial Planning Statement (June 7, 2023) ________________________________ Prepared by: Sean Norman, PMP, MCIP, RPP Senior Planner Growth Strategy and Economic Development _______________________________ Recommended by: Michelle Sergi, MCIP, RPP Commissioner Growth Strategy and Economic Development ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was reviewed by Cara Lampman, Manager of Environmental Planning and Erik Acs, MCIP, RPP, Acting Director of Community and Long Range Planning. Page 209 of 457 Legislative Services June 29, 2023 Sent via email: premier@ontario.ca The Honourable Doug Ford Premier of Ontario Legislative Building, Queen's Park Toronto, ON M7A 1A1 Honourable and Dear Sir: Re: Impact on Woodbine’s Race and Stay Program on the Fort Erie Race Track Please be advised the Municipal Council of the Town of Fort Erie passed the following resolution at its meeting of June 26, 2023: Whereas the Fort Erie Race Track is one of only two thoroughbred horse racing facilities in the Province of Ontario, having been established in 1897 and operating continuously since then; and Whereas in recent years, the Fort Erie Race Track has been the primary host facility for the "B" circuit of thoroughbred racing, while the Woodbine track in Toronto has been the primary facility for "A" circuit thoroughbred racing; and Whereas both race tracks host "jewel" races in Ontario Triple Crown of Horse Racing; and Whereas the Ontario Racing Commission, an agency created by the Government of Ontario, regulates horse racing; and Whereas the provincial government has strategies and policies in place to develop and encourage the horse racing industry in Ontario, including funding and incentive programs to grow and expand the industry in the province; and Whereas the Fort Erie and Woodbine Race Tracks are both beneficiaries of these programs; and Whereas Woodbine Entertainment, the owners of the Woodbine track, adopted a stall policy in May 2017, referred to as "Race and Stay," that prevents horses from stabling at Woodbine if they leave to race at another track more than once, except for races with a purse of more than $20,000; and …/2 Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive, Fort Erie ON L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Web-site: www.forterie.ca Page 210 of 457 The Honourable Doug Ford Page two Whereas The Municipal Council of the Town of Fort Erie passed a resolution on May 15, 2017, requesting that the Ontario Racing Commission immediately prohibit Woodbine Entertainment from implementing the Race and Stay program and limitations on the movement of horses between Woodbine and the Fort Erie Race Track; and Whereas the Mayor and members of Fort Erie Council met with the Minister of Economic Development and Growth at the 2017 Association of Municipalities of Ontario conference to discuss the negative impacts of the Woodbine Race and Stay stall program on the Fort Erie Race Track; and Whereas the Mayor and members of Fort Erie Council met virtually with officials with the Minister of Finance during the 2020 Association of Municipalities of Ontario conference to again discuss the Woodbine Race and Stay stall policy and the negative impacts it has on the Fort Erie Race track; and Whereas the Mayor and members of Fort Erie Council met with the Parliamentary Assistant to the Minister of Finance at the 2022 Association of Municipalities of Ontario conference to again discuss Woodbine's Race and Stay program and the negative impacts it continues to have on the Fort Erie Race Track; and Whereas representatives of the Fort Erie Live Racing Consortium have launched a challenge with the Competition Bureau to determine whether Woodbine Entertainment's actions constitute an attempt to create an illegal monopoly; and Whereas Woodbine's Race and Stay policy continues to remain in effect through the 2023 racing season; and Whereas Woodbine's Race and Stay policy continues to have a devastating impact on the ability of the Fort Erie Race Track to operate successfully and grow Ontario horse racing under provincial objectives; and Whereas the Fort Erie Race Track is a job creator in Fort Erie and the surrounding region, both directly and indirectly, and has contributed to the local economy as well as the history and culture of the area since 1897; Now therefore be it resolved, That: The Municipal Council of the Town of Fort Erie again requests that the Alcohol and Gaming Commission of Ontario immediately prohibit Woodbine Entertainment from continuing the Race and Stay stall policy; and further That: The Provincial Government put in place a long-term policy to encourage competition and diversification of horse racing in Ontario that would prevent any single race track from using their market position to create an unfair monopoly on horse racing in Ontario, including but not necessarily limited to implementing policies that would prohibit monopolistic policies like Woodbine's Race and Stay; and further …/3 Page 211 of 457 The Honourable Doug Ford Page three That: The Alcohol and Gaming Commission of Ontario, Ontario Racing Commission and the Provincial Government recognize the contributions of the Fort Erie Race Track to the growth, history and culture of horse racing in the province of Ontario; and further That: Staff circulate this resolution to the race tracks that host standard bred races and the municipalities that those race tracks reside in, including: Clinton Raceway and the Municipality of Central Huron, Dresden Raceway and the Municipality of Chatham -Kent, Flamboro Downs and the Municipality of Hamilton, Georgian Downs and the Municipality of Barrie, Grand River Raceway and the Municipality of Centre Wellington, Hanover Raceway and the Municipality of Hanover, Hiawatha Horse Park and the Municipality of Sarnia, Kawartha Downs and the Municipality of Cavan Monaghen, Leamington Raceway and the Municipality of Leamington, The Raceway at Western Fair and the Municipality of London, and Rideau Carleton Raceway and the Municipality of Ottawa, and; That: Staff circulate this resolution to the Regional Council of Niagara and all local area municipalities within the Regional Municipality of Niagara for their endorsement and support. Thank you for your attention to this matter. Kind regards, Ashlea Carter, AMP Deputy Clerk acarter@forterie.ca AC:dlk cc: The Honourable Peter Bethlenfalvy, Ontario Minister of Finance, Peter.Bethlenfalvy@pc.ola.org The Honourable Lisa Thompson, Minister of Agriculture, Food and Rural Affairs, Lisa.Thompson@pc.ola.org Marit Styles, Leader of His Majesty's Loyal Opposition in Ontario, MStiles-QP@ndp.on.ca John Fraser, Interim Leader of the Ontario Liberal Party, jfraser.mpp.co@liberal.ola.org Mike Schreiner, Leader of the Green Party of Ontario, mschreiner@ola.org Wayne Gates, MPP for Niagara Falls, WGates-QP@ndp.on.ca Jeff Burch, MPP Niagara Centre, JBurch-QP@ndp.on.ca Alcohol and Gaming Commission of Ontario customer.service@agco.ca / inquiry@ontarioracingcommission.ca The Fort Erie Live Racing Consortium jthibert@forterieracetrack.ca Clinton Raceway jessicacarnochan@gmail.com Municipality of Central Huron cao@centralhuron.com Dresden Raceway Iflemming@clintonraceway.com Municipality of Chatham-Kent JUDYS@chatham-kent.ca Flamboro Downs judy.floss@flamborodowns.com City of Hamilton clerk@hamilton.ca Georgina Downs cgates@gcgaming.com City of Barrie wendy.cooke@barrie.ca Grand River Raceway crozema@grandriverraceway.com Township of Centre Wellington jennifera@wellington.ca Hanover Raceway hanoverraceway@wightman.ca Town of Hanover btocheri@hanover.ca Hiawatha Horse Park info@hiawathahorsepark.com City of Sarnia clerks@sarnia.ca Kawartha Downs daniel@kawarthadowns.com Township of Cavan Monaghan cpage@cavanmonaghan.net Leamington Raceway Wmartinuik@arlentool.com Municipality of Leamington clerks@leamington.ca The Raceway at Western Fair telliott@westernfairdistrict.com City of London csaunder@london.ca Rideau Carleton Raceway - sent via mail City of Ottawa Rick.Oconnor@ottawa.ca Niagara Region and Local Area Municipalities Page 212 of 457 The Municipality of Grey Highlands 206 Toronto Street South, Unit One - P.O. Box 409 Markdale, Ontario N0C 1H0 519-986-2811 Toll-Free 1-888-342-4059 Fax 519-986-3643 www.greyhighlands.ca info@greyhighlands.ca June 21, 2023 Office of the Premier of Ontario Sent via email To Hon. Doug Ford: Re: Resolution # 2023-475 Please be advised that the following resolution was passed at the June 21, 2023 meeting of the Council of the Municipality of Grey Highlands. That the Council of the Municipality of Grey Highlands urges the Provincial Government to: 1. Require all school buses to have stop arm cameras installed and paid for by the Province for the start of the 2023-2024 school year; and 2. Underwrite the costs for the implementation and on-going annual costs for Administrative Monetary Penalties in small and rural municipalities; FURTHER RESOLVED THAT this resolution be circulated to Premier Doug Ford, Attorney General Doug Downey, Minister of Education Stephen Lecce, Provincial opposition parties, Rick Byers MPP, AMO, Bluewater District School Board, Grey County Warden and all municipalities in Ontario. If you require anything further, please contact this office. Sincerely, Amanda Fines-VanAlstine Manager of Corporate Services/Deputy-Clerk Municipality of Grey Highlands cc. Attorney General Doug Downey, Minister of Education Stephen Lecce, Provincial opposition parties, Rick Byers MPP, AMO, Bluewater District School Board, Grey County Warden and all municipalities in Ontario. Page 213 of 457 Report No. FA-31-23 NPCA Comments on the Proposed Provincial Planning Statement Page 1 of 4 Report To: Board of Directors Subject: NPCA Comments on the Proposed Provincial Planning Statement Report No: FA-31-23 Date: July 21, 2023 ______________________________________________________________________________ Recommendation: 1.THAT Report No. FA-31-23 RE: NPCA Comments on the Proposed Provincial Planning Statement BE RECEIVED; 2.THAT the Board ENDORSE the attached staff comment letter and AUTHORIZE staff to submit the letter to the Environmental Registry of Ontario (ERO); 3.AND FURTHER THAT the NPCA’s comments on the Proposed Provincial Planning Statement BE CIRCULATED to partner municipalities for their information. Purpose: The purpose of this report is to provide the Board of Directors with an update on the Province’s initiative to consolidate the Provincial Growth Plan and Provincial Policy Statement into a proposed Provincial Planning Statement, and staff’s draft comments for endorsement. Background: In the Fall of 2022, the Provincial government undertook a housing-focused policy review of A Place to Grow: Growth Plan for the Greater Golden Horseshoe (Growth Plan) and the Provincial Policy Statement (PPS, 2020), seeking input from stakeholders on how to integrate the two provincial policy instruments into one streamlined province-wide land use planning policy instrument. Since that time, the Proposed Provincial Planning Statement and Bill 97, Helping Home Buyers and Protecting Tenants Act, 2023 was initially released on April 6, 2023 with a 60 day comment period, however, the natural heritage policies were not included in that release. On May 30, 2023, the comment period was extended to August 4, 2023 and the Province released the draft natural heritage policies on June 16, 2023. Page 214 of 457 Report No. FA-31-23 NPCA Comments on the Proposed Provincial Planning Statement Page 2 of 4 The PPS, 2020 and the Growth Plan both provide comprehensive, integrated policy direction on land use planning matters and aim to support achievement of livable communities, a thriving economy, a clean and healthy environment and social equity, improving the quality of life for all Ontarians. The PPS, 2020 was issued under the Planning Act and is the primary provincial land use planning policy document, applying across Ontario. The Growth Plan was issued under the Places to Grow Act, 2005 and provides a more detailed framework for where and how growth should be accommodated in the Greater Golden Horseshoe. The proposed Provincial Planning Statement is an integrated provincial planning policy instrument combining the PPS, 20220 and the Growth Plan that will be applicable province wide and is intended to support he Ontario government’s housing policy objectives. All decisions that relate to a planning matter will be required to be consistent with the Policy Statement. Discussion: NPCA staff have prepared comments on the draft Provincial Planning Statement, focusing on areas of interest to NPCA. The full draft staff comment letter is included as Appendix 1. Upon review of the proposed Provincial Planning Statement, NPCA has identified the following general themes as seminal to our response to the Province. Detailed comments related to these themes are included in the staff comment letter. Natural Hazards The proposed retention of the natural hazard policy direction from the PPS, 2020 is supported, and staff recommends the continued delegated responsibility of Conservation Authorities (CAs) in representing the provincial interest on natural hazards, other than those policies related to hazardous forest types for wildfire, encompassed in the proposed Section 5 of the Provincial Planning Statement. Under the delegated responsibility, CAs provide a critical service in reviewing and providing comments on municipal policy documents (e.g., official plans and comprehensive zoning by-laws) and applications submitted pursuant to the Planning Act as part of the Provincial One- Window Plan Review Service. Increased Coordination Staff supports the focus on increased coordination between agencies through additional references to working with/coordination with CAs as appropriate (e.g., for proposed new policies requiring planning authorities to identify hazardous lands and sites and manage development in those areas). It is important to recognize the mandate of CAs is to delineate and map areas of natural hazards within its area of jurisdiction and develop programs and services to manage and mitigate natural hazards. This critical work of CAs informs the development of municpal policy documents, mapping, and planning decisions. Climate Change Staff is supportive of the proposed policy requiring planning authorities to reduce greenhouse gas emissions and prepare for the impacts of a changing climate by incorporating climate change considerations in the planning and development for stormwater management systems. Further, staff are supportive of the proposed policy that promotes the use of green infrastructure, low impact Page 215 of 457 Report No. FA-31-23 NPCA Comments on the Proposed Provincial Planning Statement Page 3 of 4 development and active transportation to protect the environment and improve air quality. NPCA staff, however, recommends a greater focus on preparing for impacts of a changing climate. For example, assessing the cumulative impacts of climate change on water resources, natural hazards, natural heritage and infrastrcuture through watershed or subwatershed planning. Implementation Guidance It is recommended that the Province provide comprehensive, up-to-date implementation guidance for the proposed Provincial Planning Statement (e.g., natural hazard technical guidelines, watershed and subwatershed planning guides, and the Natural Heritage Reference Manual) to increase consistency in implementation and support decision-making. Watershed Planning NPCA staff supports the inclusion of policies that ensure that planning authorities protect, improve or restore the quality and quantity of water by using the watershed as the ecologically meaningful scale for integrated and long-term planning, and that planning authorities will minimize potential negative impacts, including cross-jurisdictional and cross-watershed impacts. It is noted that the Province is proposing to remove the requirement for planning authorities to evaluate and prepare for the impacts of a changing climate to water resource systems at the watershed level. Staff recommends that the Growth Plan policies requiring “large and fast-growing” municipalities to undertake watershed planning be continued, and staff supports the encouragement of all other municipalities to undertake watershed planning. Green Infrastructure and Stormwater Management Currently, Growth Plan policies require municipal water, wastewater, and stormwater master plans to be informed by watershed planning or equivalent. These policies are not proposed to be brought forward into the proposed planning instrument; however, a new policy is proposed that encourages municipalities to undertake watershed planning to inform planning for sewage and water services and stormwater management, and the protection, improvement or restoration of the quality and quantity of water. The NPCA appreciates the proposed reference to undertaking watershed planning to inform planning for public infrastructure. It is noted however that the shift in language may result in major public infrastructure planned without consideration to broader watershed impacts. Such an approach could result in cumulative impacts by natural hazards which may result in risk to life and property and require costly remediation. It is noted that the draft natural heritage policies within the proposed Provincial Planning Statement are the same as the PPS, 2020 polices. Similarly, the various definitions for natural heritage features also remain unchanged. Staff are also supportive of this. Upon endorsement by the Board of Directors, the comments in Appendix 1 will be filed with the ERO as NPCA’s official response to the posting and circulated to our partner municpialities for their information. Financial Implications: There are no financial implications to this report. Page 216 of 457 Report No. FA-31-23 NPCA Comments on the Proposed Provincial Planning Statement Page 4 of 4 Links to Policy/Strategic Plan Providing comments on provincial policy initiatives to ensure environmental concerns are upheld contributes to the strategic goal of supporting sustainable growth within NPCA’s watersheds. Related Reports and Appendices: Appendix 1: Niagara Peninsula Conservation Authority’s Comments on the “Review of proposed policies adapted from A Place to Grow and Provincial Policy Statement to form a new provincial planning policy instrument” ERO Number 019-6813 Authored by: David Deluce, MCIP, RPP Senior Manager, Environmental Planning & Policy Reviewed by: Leilani Lee-Yates, BES, MSPL.RPD, MCIP, RPP Director, Planning and Development Submitted by: Chandra Sharma Chief Administrative Officer/Secretary-Treasurer Page 217 of 457 July 21, 2023 Via Email Only Ministry of Municipal Affairs and Housing Provincial Land Use Plans Branch 13th Floor, 777 Bay Street Toronto, ON, M7A 2J3 To Whom it May Concern: Re: Niagara Peninsula Conservation Authority’s Comments on the “Review of proposed policies adapted from A Place to Grow and Provincial Policy Statement to form a new provincial planning policy instrument” ERO Number 019-6813 Thank you for the opportunity to provide comments on the “Review of proposed policies adapted from A Place to Grow and Provincial Policy Statement to form a new provincial planning policy instrument”. It is understood that the Ministry of Municipal Affairs and Housing (MMAH) is seeking input on proposed policies for an integrated, province-wide planning instrument (“proposed planning instrument”). The proposed planning instrument would include policies from the current Provincial Policy Statement (“PPS 2020”) as well as A Place to Grow: Growth Plan for the Greater Golden Horseshoe (“Growth Plan”). The Niagara Peninsula Conservation Authority (NPCA) has reviewed the draft PPS and offer the following comments. Conservation Authorities (CAs) fulfill a critical role in providing expert guidance to planning authorities and to the Province to ensure consistency with provincial natural hazard policies and to identify regulatory concerns under Section 28 of the Conservation Authorities Act early in the process. Through the Mandatory Program and Service Regulation (O. Reg. 686/21) made under the Conservation Authorities Act, CAs review and comment on applications and other matters made pursuant to the Planning Act to help ensure consistency with the natural hazard policies found within policy statements issued under section 3 of the Planning Act, as well as protection of drinking water sources. Both the PPS 2020 and the proposed planning statement provide that the Province, planning authorities, and CAs are required to work together to mitigate potential risk to public health or safety, as well as property damage from natural hazards. The NPCA supports this ongoing collaborative, preventative approach which is recognized for making Ontario a leader in the management of natural hazards. It is acknowledged that this reference to “working together” is proposed to be moved from the preamble of Section 3.0 of the PPS 2020 to the Vision section of the proposed planning instrument. The NPCA supports the Province’s proposal to keep the natural heritage policies and related definitions analogous to those within the PPS 2020. We recognize that natural heritage features such as forests and wetlands play important roles to reduce flows, store floodwaters and mitigate drought, which reduces risk and allow people greater response time to flooding emergencies. It is noted that often, the Page 218 of 457 natural heritage, water resource and natural hazard systems are inextricably linked, and therefore coordinated protection of all these systems is necessary to support the maintenance of healthy watersheds and to best protect public health and safety from natural hazards and protect drinking water sources. To support planning authorities and CAs, NPCA recommends the Province provide comprehensive, up-to-date implementation guidance concurrently with the issuance of the proposed planning instrument. It is noted that the proposed policies are quite flexible and may result in additional Ontario Land Tribunal hearings without adequate interpretation support. Comprehensive and up-to-date guidance with ongoing implementation support from the Province would help to increase consistency and certainty regarding planning outcomes. As provided in Conservation Ontario’s December 2022 submission on the Review of A Place to Grow and Provincial Policy Statement (ERO#019-6177), the Province should consider updating and/or finalizing the following: the Natural Hazard Technical Guides, the 1993 Watershed Planning Guidelines, the 2022 Subwatershed Planning Guide, and the Natural Heritage Reference Manual (and related guidance). Upon review of the proposed Provincial Planning Statement, NPCA has identified the following general themes as seminal to our response. Further information on these themes can be found in Attachment 1. •Natural Hazards: Support for the proposed retention of the natural hazard policy direction from the PPS 2020 and recommend the continued delegated responsibility of CA’s in representing the provincial interest on natural hazards, other than those policies related to hazardous forest types for wildfire, encompassed in the proposed Section 5 of the Provincial Planning Statement. Under the delegated responsibility, CAs provide a critical service in reviewing and providing comments on municipal policy documents (e.g., official plans and comprehensive zoning by- laws) and applications submitted pursuant to the Planning Act as part of the Provincial One- Window Plan Review Service. •Increase Coordination: Supports recommendations to increase coordination through additional references to working with/coordination with CA’s as appropriate (e.g., for proposed new policies requiring planning authorities to identify hazardous lands and sites and manage development in those areas). It is important to recognize the CA’s mandate to delineate and map areas of natural hazards within its area of jurisdiction and develop programs and service to manage and mitigate natural hazards. This critical work of the CA’s informs the development of municpal policy documents and mapping, and planning decisions. •Climate Change: Recommends a greater focus on preparing for impacts of a changing climate (e.g., as a purpose for undertaking watershed planning). •Implementation Guidance: Recommends the need for comprehensive, up-to-date implementation guidance for the proposed Provincial Planning Statement (e.g., natural hazard technical guidelines, watershed and subwatershed planning guides, and the Natural Heritage Reference Manual) to increase consistency and support decision-making. Page 219 of 457 •Watershed Planning: Recommends that the Growth Plan policies requiring large and fast- growing municipalities to undertake watershed planning be continued and supports the encouragement of all other municipalities to undertake watershed planning. •Green Infrastructure and Stormwater Management: Requests to carry forward existing PPS 2020 policies, including maximizing vegetation within settlement areas where feasible and minimizing stormwater volumes to protect, improve or restore water quality and quantity. Once again, thank you for the opportunity to provide comments on the “Review of proposed policies adapted from A Place to Grow and Provincial Policy Statement to form a new provincial planning policy instrument” (ERO#019-6813). Please contact me should this letter require any clarification. Sincerely, David Deluce, MCIP, RPP Senior Manager, Environmental Planning & Policy Page 220 of 457 Attachment 1: NPCA’s Feedback on the Proposed Policy Concepts and Proposed Wording for a New Provincial Planning Policy Instrument The NPCA offers the following responses to the consultation questions provided by the MMAH on the Environmental Registry proposal. These responses should be read in conjunction with the general comments provided in the NPCA’s covering letter. 1. What are your thoughts on the policies that have been included from the PPS and A Place to Grow in the proposed policy document, including the proposed approach to implementation? Chapter or Section (New Provincial Planning Instrument) NPCA Comments Chapter 1 Vision •The proposed text for the “Vision” section proposes substantial changes from the text within PPS 2020. For instance, the PPS 2020 provides detail in this section that highlights the need for the Province to manage and protect natural resources for a myriad of reasons which support strong, liveable communities, protecting “essential ecological processes and public health and safety”, and minimizing environmental and social impacts. The text in PPS 2020 further notes that “strong communities, a clean and healthy environment and a strong economy are inextricably linked”. The NPCA strongly recommends this text be retained to clearly demonstrate the linkages between managing and protecting natural resources, thriving and safe communities and a strong provincial economy. •It is further noted that this section proposes text which reads “potential risks to public health and safety or of property damage from natural hazards and human-made hazards… will be mitigated”. Further to the provincial “Understanding Natural Hazards” Technical Guide, prevention measures, including “good land use planning, development and management, and the regulation of hazardous lands and unsafe developments” is the first and most important step. The efficacy of this preventative approach was recently re-confirmed by the “Independent Review of the 2019 Flood Events in Ontario” as well as “Ontario’s Flooding Strategy”. To continue to support this approach, the NPCA recommends that the text be amended to read “Potential risks to public health or safety or of property damage from natural hazards and human- made hazards, including the risks associated with the impacts of climate change, will be avoided, and where not possible, mitigated”. This would also be consistent with proposed policy 5.1.1 which requires development to be directed away from areas of natural or human-made hazards. Page 221 of 457 • The NPCA is appreciative of the proposal to retain text which requires the Province, planning authorities and Conservation Authorities to work together. This highlights the important role of CAs within the land use planning system to ensure that development occurs in a manner which protects people and property from the risks of natural hazards as well as the protection of sources of drinking water. Section 2.1 Planning for People and Homes • Proposed section 2.1.2 sets out requirements for planning authorities to provide for an appropriate range and mix of housing options and densities required to meet the needs of current and future residents within the area. Many of these requirements have been carried forward from policy 1.1.1 from the PPS 2020 which outlines means to sustain healthy, liveable and safe communities. It is noted that the Province is not proposing to carry forward policy 1.1.1(d) from the PPS 2020, which notes that communities are sustained by “avoiding development and land use patterns which may cause environmental or public health and safety concerns”. While section 5.2 in the proposed Provincial Planning Statement states that development shall generally be directed to areas outside of hazardous lands and hazardous sites, the NPCA recommends policy 1.1.1(d) from PPS 2020 be carried forward to provide clarity to planning authorities regarding matters to be considered to achieve complete communities. • Section 2.2.8 of the Growth Plan outlines policies for Settlement Area Boundary Expansions. Policy 2.2.8.3 requires planning authorities to determine the feasibility of proposed boundary expansions based on the application of all policies within the Growth Plan, including ensuring that the proposed expansion would be planned and demonstrated to avoid, or if avoidance is not possible, minimize and mitigate any potential negative impacts on watershed conditions and the water resource system, including the quality and quantity of water. This policy is not proposed to be brought forward into the proposed planning instrument. To provide consistency with existing and proposed policies related to using the watershed as the meaningful scale for integrated and long-term planning, the NPCA recommends that existing policy 2.2.8.3 from the Growth Plan be included in section 2.3.4 of the proposed planning instrument (Settlement Areas and Settlement Area Boundary Expansions) for “large and fast-growing municipalities”. Section 2.9 Energy Conservation, Air Quality and Climate Change • The NPCA is supportive of the proposed policy 2.9 (b) requiring planning authorities to reduce greenhouse gas emissions and prepare for the impacts of a changing climate by incorporating climate change considerations in the planning and development for Page 222 of 457 stormwater management systems. We are further supportive of the proposed policy 2.9 (d) which promotes the use of green infrastructure, low impact development and active transportation to protect the environment and improve air quality. • It is noted that policy 1.8.1 (g) from the PPS 2020 “maximize vegetation within settlement areas, where feasible” is not proposed to be brought forward into the proposed planning instrument. While the proposed planning instrument would require planning authorities to consider approaches which promote green infrastructure, the PPS 2020 policy requiring maximizing vegetation within settlement areas (where feasible) provides a strengthened approach to establishing or maintaining vegetative cover on the landscape. The NPCA recommends that the existing policy be carried forward, such that the proposed Section 2.9 policies continue to recognize the important contribution of natural vegetation to support energy conservation, air quality, and mitigation for impacts of a changing climate and extreme weather events such as flooding. Section 3.6 Sewage, Water and Stormwater • The NPCA is pleased by the inclusion of the proposed policy 3.6.8 (g) which would require planning for stormwater management to “align with any comprehensive municipal plans for stormwater management that consider cumulative impacts of stormwater from development on a watershed scale”. • It is noted that policy 2.2.1(i) in the PPS 2020 is not proposed to be carried forward, which requires planning authorities to protect, improve or restore the quality and quantity of water by “ensuring stormwater management practices minimize stormwater volume and contaminant loads, and maintain or increase the extent of vegetative and pervious surfaces”. While proposed policy 3.6.8 (b) would require planning for stormwater management to “minimize, or where possible, prevent increases in contaminant loads”, the reference to minimizing stormwater volume is not proposed to be incorporated. Minimizing stormwater volume should remain a priority policy for the provincial government to ensure planning authorities have regard to increased volumes which may contribute to flooding in developed areas from stormwater flows. As such, the NPCA recommends that proposed policy 3.6.8 (c) be amended to read “minimize, or where possible, prevent increases in stormwater volumes and contaminant loads”. • Currently, Growth Plan policies within Section 3.2.6 (Water and Wastewater Systems) and 3.2.7 (Stormwater Management) require municipal water, wastewater, and stormwater master plans Page 223 of 457 to “be informed by watershed planning or equivalent”. These policies are not proposed to be brought forward into the proposed planning instrument; however, a new policy (4.2.3) is proposed which states that “municipalities are encouraged to undertake watershed planning to inform planning for sewage and water services and stormwater management, and the protection, improvement or restoration of the quality and quantity of water”. The NPCA appreciates the proposed reference to undertaking watershed planning to inform planning for public infrastructure. It is noted however that the shift in language from the Growth Plan which requires municipalities (“large and fast-growing”) to have plans informed by a watershed plan, or equivalent, to encouraging watershed planning for all municipalities may result in major public infrastructure planned without consideration to broader watershed impacts. Such an approach could result in unforeseen watershed impacts which may require costly remediation. To support the Province’s streamlined, coordinated and comprehensive approach to public infrastructure planning, and to maintain consistency with existing and proposed policies for using the watershed as the ecologically meaningful scale for integrated and long-term planning (see proposed policies 3.6.8(g) and 4.2.1(a)), the NPCA recommends that the existing policies from 3.2.6 and 3.2.7 of the Growth Plan regarding watershed planning be carried forward for “large and fast-growing municipalities”. Encouragement of watershed planning for all other municipalities is strongly supported. Section 4.2 Water • The NPCA is pleased to note the policies in section 4.2.1 which are proposed to be carried forward into the new planning instrument. Particularly, the NPCA supports policies 4.2.1 (a) and (b) which ensure that planning authorities protect, improve or restore the quality and quantity of water by using the watershed as the ecologically meaningful scale for integrated and long-term planning, and that planning authorities will minimize potential negative impacts, including cross-jurisdictional and cross- watershed impacts. The NPCA notes that the Province is proposing to remove the requirement for planning authorities to evaluate and prepare for the impacts of a changing climate to water resource systems at the watershed level (PPS 2020 policy 2.2.1 (c)). Recognizing the Province’s existing standard of requiring watershed planning to be the basis for infrastructure, stormwater, water resource and comprehensive planning for “large and fast- growing municipalities” through the Growth Plan policies, and for consistency with both existing PPS 2020 and the proposed planning instrument policies, NPCA recommends the ‘watershed planning’ policy direction in the proposed 4.2.3 be improved by: Page 224 of 457 o Requiring “large and fast-growing municipalities” to undertake watershed planning, as per the existing Growth Plan policies while continuing to encourage all other municipalities to undertake watershed planning; o Retaining PPS 2020 policy 2.2.1 (c) to ensure planning authorities protect, improve or restore water quality and quantity by evaluating and preparing for the impacts of a changing climate to water resource systems at the watershed level; o Including references that one of the purposes of watershed planning is to prepare for the impacts of a changing climate, along with informing “planning for sewage and water services and stormwater management, and the protection, improvement or restoration of the quality and quantity of water”; and, o Including references to partnerships with CAs to undertake watershed planning, as appropriate and where they exist. • The NPCA is supportive of the proposed policy 4.2.1 (e) which will continue to protect all drinking water supplies and designated vulnerable areas. The amendments to this policy would help to strengthen the protection of all sources of drinking water. Section 5.2 Natural Hazards • NPCA strongly supports the proposed retention of natural hazard policy direction from the PPS 2020. Retention of these policies is vital to ensure the Province’s continued commitment to high standards for the protection of public health and safety from the risks of natural hazards. • NPCA is pleased to note that text previously part of the preamble for Section 3.0 in the PPS 2020 is proposed to form a new general policy for natural and human-made hazards in the proposed planning instrument (proposed policy 5.1.1). This proposed approach will strengthen requirements to ensure that development is directed away from areas of natural or human-made hazards where “there is an unacceptable risk to public health or safety or of property damage” and will ensure development does not “create new or aggravate existing hazards”. • A new general policy is proposed which states that “planning authorities shall identify hazardous lands and hazardous sites and manage development in these areas, in accordance with provincial Page 225 of 457 guidance” (5.2.1). The NPCA is supportive of this proposed policy, with amendment, to ensure continued coordination with other planning and development related instruments, such as Section 28 of the Conservation Authorities Act and associated regulations. The NPCA recommends the policy be modified to include reference to “collaborating with conservation authorities, where they exist”. Such an amendment would be consistent with Recommendation #3 from the “Independent Review of the 2019 Flood Events in Ontario” Report. As previously noted, it is recognized and appreciated that details in the proposed “Vision” section regarding natural hazards requires “the Province, planning authorities and conservation authorities to work together”, however, further details regarding collaboration with CAs would provide additional clarity for the proposed Natural Hazards policies and would be consistent with the CA mandatory program and services regulation (O. Reg. 686/21) regarding the management of natural hazards. Section 6.2.1 Coordination • The NPCA is pleased to note that the Province is proposing to largely maintain policy 1.2.1 from the PPS 2020 (now proposed policy 6.2.1) which states a “coordinated, integrated and comprehensive approach should be used when dealing with planning matters within municipalities…”, including coordination of water, ecosystem, shoreline, watershed and Great Lakes related issues, as well as natural and human-made hazards. Many of these elements are inter-related and as such a coordinated approach is required to ensure all concerns or issues can be addressed efficiently and effectively by the Province or planning authorities. • Proposed policy 6.2.1 outlines a list of entities who may be involved in this coordinated approach; however, it is noted that CAs are not explicitly mentioned. Given their role in providing expert guidance to planning authorities and to the Province to ensure consistency with provincial natural hazard policies, as well as their regulatory role under Section 28 of the Conservation Authorities Act, the NPCA recommends this section be amended to ensure CAs are identified as being involved in this coordinated approach. Section 7 Definitions • Low Impact Development: The NPCA is pleased to note that elements of the definition of “Low Impact Development” have been brought forward into the proposed planning instrument from the Growth Plan. No previous definition was provided in the PPS 2020. • Subwatershed Plan / Study: The NPCA notes that no definition is proposed for “subwatershed plans” or “subwatershed studies”. Both the Growth Plan as well as the Greenbelt Plan define “subwatershed plans”. To support and provide clarity to planning Page 226 of 457 authorities, it is recommended that a definition for “subwatershed plans” be included in the proposed planning instrument, consistent with the definitions in the Growth Plan and Greenbelt Plan. • Watershed Planning: The NPCA is supportive of the proposed definition of “watershed planning”, with amendment. As previously articulated, it is recommended the definition read “…for the protection, enhancement or restoration of water resources, including the quality and quantity of water, within a watershed, consideration of the impacts of a changing climate and severe water events, and for the assessment…”. • Water Resource Systems: The NPCA is pleased to see the definition of the “water resource system” brought forward into the proposed planning instrument from the Growth Plan (with amendments) and that it reflects the importance of all aspects of the system which contribute to the “ecological and hydrological integrity of the watershed”. • Wave Effects: The NPCA is supportive of the proposed amendment to the definition for “wave uprush” to now read “wave effects”. The proposed new definition has been made more specific and comprehensive, and includes “wave uprush, wave set up and water overtopping or spray” and states that the “limit of wave effects is the point of furthest landward horizontal movement of water onto the shoreline”. The improved direction provided by this definition will help to protect people and property. 2. What are your thoughts on the proposed policy direction for large and fast-growing municipalities and other municipalities? Through review of the proposed planning instrument, the NPCA notes that existing Growth Plan policies related to requiring subwatershed studies and watershed planning (or equivalent) to inform infrastructure, stormwater, water resource and comprehensive planning are not proposed to be carried forward into the new Provincial Planning Statement. These existing policies provide critical and consistent policy direction for “large and fast- growing municipalities” (or parts thereof outside of the Greenbelt) when planning for growth in a comprehensive manner. It is noted that the Province is proposing to encourage municipalities to undertake watershed planning to inform planning for sewage and water services, stormwater management and the protection, improvement or restoration of the quality and quantity of water (proposed policy 4.2.3). “Encourage” rather than “require” represents a significant departure from the Province’s commitment and well established existing/proposed policies related to requiring the use of the watershed as the meaningful scale for integrated and long-term planning and requiring watershed planning to support comprehensive planning. As noted above, Conservation Ontario recommends policies related to requiring subwatershed studies and watershed planning (or equivalent) from the Growth Plan be carried forward for “large and fast-growing municipalities” in the proposed planning instrument. Proposed policies to encourage watershed planning should be maintained for other municipalities Page 227 of 457 (e.g., small / medium) – recognizing it may not be relevant or feasible for all municipalities province-wide to undertake these comprehensive exercises. 3. What are your thoughts regarding the proposed policies to generate housing supply, including an appropriate range and mix of housing options? CAs remain committed to working with the Province, Municipalities, and other partners in support of increasing the overall supply and diversity of housing types in Ontario while maintaining strong protections for public health, safety, and the environment. 4. What are your thoughts on the proposed policies regarding the conservation of agriculture, aggregates, natural and cultural heritage resources? The NPCA supports the Province’s proposal to keep the natural heritage policies and related definitions analogous to those within the PPS 2020. The NPCA recognizes that natural heritage features such as forests and wetlands play important roles to reduce flows, store floodwaters and mitigate drought, which reduces risk and allow people greater response time to flooding emergencies. It is noted that often, the natural heritage, water resource and natural hazard systems are inextricably linked, and therefore coordinated protection of all these systems is necessary to support the maintenance of healthy watersheds and to best protect public health and safety from natural hazards and protect drinking water sources. The NPCA supports the Province’s decision to not move forward with the proposal to allow up to 3 lot severances per farm parcel. 5. What are your thoughts on the proposed policies regarding planning for employment? The NPCA has no comments in response to this question. 6.Are there any other barriers to, or opportunities for, accelerating development and construction (e.g., federal regulations, infrastructure planning and approvals, private/public partnerships for servicing, provincial permitting, urban design guidelines, technical standards, zoning, etc.)? The NPCA continues to recommend that technical support and implementation guidance from the Province should be provided to assist with accelerating development and construction approvals. The provision of comprehensive and up-to-date implementation guidance would support a predictable, consistent, and streamlined process. Please see additional detail under “General Comments” at the beginning of this letter. Page 228 of 457 Report No. FA-34-23 Canada Water Agency and Canada-United States Great Lakes Water Quality Agreement Funding Opportunities Page 1 of 4 Report To: Board of Directors Subject: Canada Water Agency and Canada-United States Great Lakes Water Quality Agreement Funding Opportunities Report No: FA-34-23 Date: July 21, 2023 ______________________________________________________________________________ Recommendation: THAT Report No. FA-34-23: Canada Water Agency and Canada-United States Great Lakes Water Quality Agreement Funding Opportunities BE RECEIVED. THAT staff continue TO COLLABORATE with key stakeholders to advance conservation authorities critical initiatives in support of Canada Water Agency Mandate and Great Lakes Water Quality Agreement priorities. AND FURTHER THAT a copy of this report BE CIRCULATED to NPCA jurisdiction municipalities. Purpose: The purpose of this report is to update the Board on conservation authority’s role related to Great Lakes water quality and shoreline resilience. The report further highlights NPCA’s priorities and current actions in support of the Canada Water Agency and Canada-United States Great Lakes Water Quality Agreement related funding opportunities. Background: a) Canada Water Agency: Further to the 2023 Federal budget commitment of $85.1 million over five years and then $21 million ongoing thereafter, the Federal Government has established the Canada Water Agency to protect Canada’s freshwater supply. The Agency is intended to share the latest freshwater science and serve as a major data hub to fund high-priority watershed initiatives (including the Great Lakes) through the Federal Government’s renewed Freshwater Action Plan. The Agency is also tasked with modernizing the Canada Water Act to ensure the Federal Government has the tools to work with the provinces and territories on protecting and restoring shared waters. b) Great Lakes Water Quality Agreement: The achievement of goals in the Canada-United States Great Lakes Water Quality Agreement (GLWQA) is supported by investments from both governments through separate funding programs (i.e., Great Lakes Restoration Initiative in the U.S. and the Great Lakes Protection Initiative in Canada). On March 24, 2023, Canada announced its Page 229 of 457 Report No. FA-34-23 Canada Water Agency and Canada-United States Great Lakes Water Quality Agreement Funding Opportunities Page 2 of 4 commitment of $420 million in additional funding over 10 years to preserve and restore waters of the Great Lakes. Enhanced Canadian funding commitment from Environment and Climate Change Canada (ECCC) is focused on both the Canada Water Agency and GLWQA priorities including delisting Areas of Concern, achieving the phosphorus reduction target for Lake Erie, and advancing restoration and protection of priority coastal natural areas that are under high cumulative stress. c) In February 2023, Conservation Ontario (CO) made budget submissions for an increased multi- year funding commitment. Conservation Ontario’s 2023 Federal Budget Submission (Appendix 1) and Provincial Pre-Budget Submission (Appendix 2) reinforced the need for increased investments to achieve improvement in Great Lakes water quality. Additionally, on January 17, 2022, CO sent a letter to the Honourable Chrystia Freeland, Minister of Finance, and the Honourable Steven Guilbeault, Minister of the Environment and Climate Change, supporting the environmental and economic sustainability of the Great Lakes and creating of the proposed Water Agency. d) The Great Lakes-St. Lawrence Cities Initiative (GLSLCI) with member Mayors from Ontario and Quebec, and the United States, released their 2023 Canadian Federal Priorities for the Great Lakes and St. Lawrence River Basin earlier this year with a focus on leveraging Federal resources and tools to support climate adaptation for coastal communities. Niagara Region (NPCA’s jurisdiction) has a strong leadership at the GLSLCI table and NPCA anticipates collaboration with GLSLCI to support on the ground delivery and increased investment in Great Lakes water quality programs. Discussion: Conservation Authorities (CAs) are key delivery partners to achieve commitments made by federal and provincial governments related to the GLWQA and Canada-Ontario Agreement on Great Lakes Water Quality and Ecosystem Health (COA) related to various monitoring, habitat restoration and remediation actions implemented through local Remedial Action Plans and Lakewide Action and Management Plans (LaMPs). Thirty-five of 36 Conservation Authorities’ watersheds drain into the Great Lakes and St. Lawrence River and 26 have Great Lakes coast and/or St. Lawrence River shoreline to manage for natural hazards (e.g., coastal flooding and erosion). CO and CA representatives participate on several bi-national committees with Canadian and U.S. partners. CO is a member of the bi-national Great Lakes Executive Committee representing watershed management agencies. NPCA is currently a representative on the LaMP committee representing CO and is the lead coordinating agency of the Niagara River Remedial Action Plan (RAP). CAs have also been long time partners in collaborating with the municipal, federal, and provincial governments and other international agencies in addressing many aspects of Great Lakes protection, restoration and conservation. Many CAs (including NPCA) have legislative mandates for the management of long stretches of Great Lakes coastline, protecting and restoring Great Lakes tributaries, and taking actions in the watersheds contributing to Great Lakes water quality. These efforts address new and continuing threats to Great Lakes water quality and ecosystem health, including aquatic invasive species, excessive nutrients, harmful pollutants, discharges from vessels, climate change and the loss of habitats and species. CA programs also protect the Great Lakes which are a direct source of drinking water to 60% of Ontarians. Reducing nutrients and erosion from our watersheds and coastlines improves Great Lakes water quality, thus reducing algae that create taste and odour and, in some cases, toxins from our drinking water. Overall (based on 2019 figures), CAs engaged approx. 535 landowners resulting in 702 rural water quality projects; 88% of which were agricultural. Close to $2M in grant dollars were provided to landowners to implement projects including windbreaks, soil erosion control measures, manure Page 230 of 457 Report No. FA-34-23 Canada Water Agency and Canada-United States Great Lakes Water Quality Agreement Funding Opportunities Page 3 of 4 storage, and stream buffers. The total value of these projects was estimated to be in the order of $5M to the rural and agriculture economy which went to design, materials, contractors and farmers to implement the projects. This approximates the return evidenced in economic stimulus studies undertaken in the U.S. which estimate that every dollar invested in the Great Lakes restoration initiative is projected to generate more than three dollars in additional economic activity. In addition, CAs provide extensive experience in reducing watershed and coastal flood and erosion risk (and the associated costs of flooding and erosion) through their natural hazards programs. They oversee $3.8 billion in flood and erosion infrastructure as well as manage watershed-wide rural and urban natural infrastructure assets (forests, wetlands, etc.) that also help to reduce risk. Based on a preliminary 2021 estimates from 10 CAs on the future expenditures anticipated to mitigate coastal impacts over the next two years ranged from $100,000 to $50M each. NPCA’s Current Actions and Priorities: 1) Niagara River Remedial Action Plan (RAP): The Niagara River Area of Concern (AOC) is defined as the 58-km connecting channel flowing from the mouth of Lake Erie to Lake Ontario with ongoing collaboration and coordination between Niagara River RAP representatives in the U.S. and Canada. NPCA is the coordinating agency of the Niagara River (Canada) RAP with funding from the federal and provincial governments through the Great Lakes Protection Initiative and Ontario’s Great Lakes Strategy funding sources. NPCA coordinates local partners (i.e., federal, provincial, and municipal governments, environmental organizations, industry, scientists, non-government organizations, First Nations and Métis communities, and the public) in implementing projects that aim to improve the Niagara River’s water quality and ecosystem health. NPCA continues to deliver on ongoing commitment to the de-listing of the Niagara River AOC including monitoring, community engagement, and maintenance following de-listing. In September 2022, NPCA hosted education and awareness activities in support of the Great Lakes Forum on the 50th anniversary of the signing of the GLWQA. NPCA staff also participated on expert panels and presented at the International Joint Commission (IJC) Water Quality Board Meeting. 2) NPCA’s Great Lakes Shoreline Flood and Erosion Hazard Mapping update and Shoreline Resilience Plan development is scheduled to begin in 2023-2024. NPCA’s Shoreline Resiliency Plan will go a step further to broaden shoreline management objectives and strategies to address climate issues, green infrastructure, and ecological considerations. 3) NPCA restoration program includes shoreline restoration initiatives with a focus on nature-based solutions to mitigate erosion hazards. 4) NPCA is working on an extensive shoreline erosion monitoring and mitigation program (for rivers, streams and lake-based shorelines). 5) NPCA’s agricultural stewardship projects are being designed to maintain soil health for agriculture, reduce nutrient loadings to the Great Lakes and restore priority watersheds using rural storm water management systems, wetland restoration, tree planting, and promotion of best management practices. Conclusion and Next Steps As a local watershed and partnership agency, responsible for two Great Lakes shorelines and boundary waters with the U.S., NPCA is well-positioned to play a key role in delivering on federal and provincial priorities while also addressing the impacts of urbanization and the compounding effects of climate change in the rapidly urbanizing Great Lakes watersheds. Page 231 of 457 Report No. FA-34-23 Canada Water Agency and Canada-United States Great Lakes Water Quality Agreement Funding Opportunities Page 4 of 4 This new funding commitment from the Federal government presents an excellent opportunity to build on more than 70 years of CA expertise and experience as a science and delivery partner to multiple levels of government and international agencies. Reducing nutrients and erosion from our watersheds and coastlines will improve Great Lakes’ water quality. To meet nutrient reduction targets, Conservation Authorities’ Healthy Great Lakes / Rural Water Quality / Clean Water programs need a long-term commitment. It takes time to develop targeted action plans with the watershed community, to build support for conservation measures and to implement them. Continued investment is needed for science and monitoring to identify the most effective on-the-ground actions. Investment is needed to increase the scale, scope, and intensity of targeted actions given the growing impact of climate change and development intensification. Watershed projects like buffer strip plantings, septic system upgrades, tree planting and shoreline erosion mitigation /coastal projects contribute to reducing or mitigating impacts on Great Lakes water quality. NPCA staff will continue to work with CO, Conservation Authority Lakes Leads for GLWQA, LaMP partners, and other stakeholders such as the GLCSI, to address local priorities within our partner municipal jurisdiction of Niagara, Hamilton and Haldimand. NPCA staff will continue to work with federal and provincial staff to advance priorities in the GLWQA and COA as part of its leadership in implementing the Niagara River Remedial Action Plan. Financial: There are no financial impacts resulting from this report at this time. Links to Policy/Strategic Plan: This report strongly supports the NPCA’s Strategic Plan 2021-31 under several strategic priorities: a) Heathy and Climate Resilient Watersheds, b) Supporting Sustainable Growth; and c) Partner of Choice. Related Reports and Appendices: Appendix 1: Conservation Ontario’s 2023 Federal Budget Submission (February 2023) Appendix 2: Conservation Ontario 2023 Provincial Pre-Budget Consultation Standing Committee on Finance and Economic Affairs Submitted by: Chandra Sharma, MCIP RPP Chief Administrative Officer/Secretary-Treasurer Page 232 of 457 Conservation Ontario Submission for 2023 Federal Budget (February, 2023) 1 | P a g e Partnering with Ontario Conservation Authorities for Local Delivery Provides Value Conservation Ontario and Ontario’s 36 conservation authorities (CAs) are effective partners for the Federal Government. From policy tables to experienced boots-on-the-ground organizations delivering environmental programs and services, you can count on cost-effective, practical, and efficient approaches to challenging issues. Conservation authorities offer proven experience in watershed management across Canada’s most populated province. We trust our submission provides clear examples of our abilities. In 2023, we see three main partnership opportunities: 1.Addressing climate change impacts; 2.Protecting people and property from flooding and erosion hazards through floodplain mapping and infrastructure investments; and, 3.Protecting the Great Lakes and St. Lawrence River water quality. We have a number of recommendations and requests for your consideration during the 2023 Federal budget Deliberations: Recommendation 1: That the Government renew multi-year commitments to Conservation Ontario under the Nature Smart Climate Solutions Program and the Nature Canada Fund. Recommendation 2: That conservation authorities be eligible for programs developed under the National Adaptation Strategy and the Government of Canada Adaptation Action Plan. Recommendation 3: That the Government provide funding to Conservation Ontario to support the capacity of CAs to successfully deliver the 2 Billion Tree Program. Recommendation 4: That the Government continue and increase funding to conservation authorities under the Disaster Mitigation and Adaptation Fund and under the Natural Infrastructure Fund. Recommendation 5: That the Government continue and expand its investment in the much- needed Flood Hazard Identification and Mapping program. Recommendation 6: That the government establish a national high-risk flood insurance program in Budget 2023 with CA input and engagement in the development phase. Submission on the 2023 Federal Budget February 10, 2023 Appendix 1 to Report No FA-34-23 Page 233 of 457 Conservation Ontario Submission for 2023 Federal Budget (February, 2023) 2 | P a g e Recommendation 7: That conservation authorities be eligible for programs and projects developed to further objectives of the Canada Water Agency. Recommendation 8: That implementation decisions on the Freshwater Action Plan continue to support significant investment in the Great Lakes St Lawrence Region. Canada has a significant responsibility to ensure environmental, social, and economic sustainability of this globally significant freshwater resource. Recommendation 9: That the Government provide funding to Indigenous peoples to build greater capacity to contribute to the work being achieved by the Government around the Great Lakes Water Quality Agreement. About Conservation Authorities Conservation Ontario (CO) represents the network of Ontario’s 36 conservation authorities (CAs). CAs are local, watershed-based, natural resource agencies located throughout the province. Almost all of Ontario’s population (95%) lives in a watershed managed by CAs. Conservation authorities are legislated under Ontario’s Conservation Authorities Act. Conservation authorities have worked very successfully with the Federal Government for many years monitoring Ontario’s watersheds and delivering a wide range of watershed management programs in the most populated province in Canada. Outcomes from these collaborations protect Great Lakes water quality, build local watershed resilience, and address growing climate impacts with nature-based solutions. Page 234 of 457 Conservation Ontario Submission for 2023 Federal Budget (February, 2023) 3 | P a g e 1. Addressing Climate Change Impacts Climate change is the overriding challenge affecting Ontario’s natural resources. It significantly magnifies all other threats to biodiversity and creates more frequent flooding and erosion hazards. This results in severe business and social disruptions, costly infrastructure damages, and threats to water quality. Conservation Authorities are concerned about the quality and sustainability of our water and natural resources. We rely and build upon the science provided by Environment Climate Change Canada (monitoring, modeling and research), apply it locally, and offer solutions and actions that benefit the watersheds and water quality of the Great Lakes and St. Lawrence River. Nature-based Solutions for Climate Change Conservation Ontario and the conservation authorities are grateful for support under the Nature Smart Climate Solutions program and the Nature Canada Fund. Protecting land and investing in habitat restoration, rehabilitation, and enhancement provides multiple co-benefits including: Great Lakes water quality; flood risk reduction; maintaining biodiversity; sequestering carbon; building climate resilience; and protecting air quality. • 2021 – 2024 Nature Smart Climate Solutions Work of CAs https://conservationontario.ca/policy-priorities/climate-change/nature-based-climate- solutions o Currently, 17 conservation authorities, are delivering 58 projects as nature-based solutions including GHG reductions. • In the first two years (2021-2023): o 8938 hectares of enhanced land management practices implemented (cropland/cover crops); o 1198.4 hectares of wetlands and grasslands restored; o 286.3 hectares of land secured for conservation; o Conservation authorities have leveraged over 50 percent ($9.5 M) of $9M in ECCC funding. • Canada Nature Fund o To date, working with 17 conservation authorities to acquire 1,933 hectares of lands for climate change adaptation. o Conservation authorities leveraged $6.9 M provided by ECCC with a matching contribution of $20.3M We ask the Government to renew multi-year commitments to Conservation Ontario and conservation authorities under these two programs to continue advancing the work needed to address climate change. We further request conservation authorities be eligible for funding under the National Adaptation Strategy and the Government of Canada Adaptation Action Plan. Page 235 of 457 Conservation Ontario Submission for 2023 Federal Budget (February, 2023) 4 | P a g e 2 Billion Tree Program Conservation authorities plant approximately 2 million trees across Ontario’s watersheds annually. They also map and monitor local forest cover. Conservation authority tree planting and habitat restoration/rehabilitation projects are delivered in partnership with other agencies, local businesses, and landowners. This allows leveraging of resources, resulting in broader benefits and impacts. We are thankful for the funding CAs, who applied directly to the Program have received. We welcome additional opportunities, including for Conservation Ontario on behalf of the CA network, to receive funding required to support the 2 Billion Tree effort. Page 236 of 457 Conservation Ontario Submission for 2023 Federal Budget (February, 2023) 5 | P a g e 2. Protecting people and property from flooding and erosion hazards through floodplain mapping and infrastructure investments Flood and Erosion Hazard and Disaster Risk Management Flooding and erosion are costly and devastating climate change impact challenges. Conservation authorities have proven success in partnering with the Federal Government to address flooding and erosion issues. Ongoing and additional funding under the Disaster Mitigation and Adaptation Fund and Natural Infrastructure Fund will enable CAs to continue to address the challenge of aging infrastructure, as well as the natural infrastructure required to keep flood and erosion hazards from becoming costly disasters. Conservation authority water and erosion control infrastructure already helps to avoid more than $150 M in damages to residential properties annually. Updated floodplain mapping is critical to guide development away from hazards and support forecast and warning and risk management decisions. Conservation authorities and Conservation Ontario appreciated engaging with Natural Resource Canada staff to shape the newly launched Flood Hazard Identification and Mapping Program launched in September. We are pleased to learn that FHIMP will continue beyond March 2024 and are greatly encouraged that the Government will continue this much-needed funding. Further to the recently released Task Force on Flood Insurance and Relocation report Adapting to Rising Flood Risk: An Analysis of Insurance Solutions Canadians and as leaders in floodplain management, Conservation Ontario requests that the government establish a national high-risk flood insurance program in Budget 2023 with CA input and engagement in the development phase. Conservation authorities manage many areas of erosion along Great Lakes shorelines [these hazards threaten cottages and homes built prior to the development of CA regulations]. Today, the work of CAs prevents development in hazardous areas, and minimizes damage to existing development. A number of other federal initiatives are important in addressing flood hazards and supporting flood insurance. While outside the scope of this submission, they are of high interest to Conservation Ontario and we welcome ongoing engagement on them. Initiatives include: • Creating the Federal Flood Mapping Guideline Series, which includes establishing a community of practice; • The Federal commitment to complete all flood maps in Canada; • Promoting flood risk in Canada through a public-facing information portal; • Measures to improve flood mitigation in communities at risk of recurrent flooding; • Implementation of the recently announced Climate Resilient Coastal and Northern Communities Program; and • Continued investment in hydrometric monitoring to support flood forecasting, warning and monitoring. Page 237 of 457 Conservation Ontario Submission for 2023 Federal Budget (February, 2023) 6 | P a g e 3. Protecting the Great Lakes and St. Lawrence River water quality Canada Water Agency Conservation Ontario provided comments on the establishment of a Canada Water Agency and are supportive of its creation. We emphasize that an integrated watershed management framework (including watersheds, sub-watersheds and catchment basins) should be used as the framework for management of freshwater resources. We request consideration for funding under new initiatives developed to further the objectives of the Canada Water Agency. Further, decisions around the implementation of the Freshwater Action Plan should continue to support significant investment in the Great Lakes St Lawrence Region. Great Lakes / St. Lawrence River Conservation authority watershed report cards align with results from the State of the Great Lakes 2022 report. The next report cards are being released in March 2023. Results show that water quality, forest conditions, and groundwater in the Great Lakes Basin remain unchanged, for now. There are exceptions. Conservation authorities’ watershed management programs and projects support this status, but investment is needed to increase the scale, scope, and intensity of efforts given the growing impact of climate change and development intensification. Increased support is needed for science and monitoring to identify on-the-ground actions. For example, studies of coastal processes under a changing climate to confirm the success of specific management actions such as replacing aging shoreline protection infrastructure with nature-based solutions. Watershed projects like buffer strip plantings, septic system upgrades, stormwater management, tree planting, shoreline/coastal projects, etc. all contribute to reducing or mitigating impacts on Great Lakes water quality. Conservation authorities are keen to assist your government to meet its goals under the Great Lakes Water Quality Agreement (GLWQA). We congratulate the Government on the 50th anniversary of the GLWQA and the release of the 2022 State of the Great Lakes Report and the 2022 Progress Report. Conservation Ontario and many conservation authorities attended the Great Lakes Public Forum in September. We are encouraged by the participation of Indigenous peoples in this event. From this successful event, we recommend that the Government fund Indigenous peoples to support greater participation in implementation of the Great Lakes Water Quality Agreement and development of these reports. Conclusion Conservation Ontario and the 36 conservation authorities are effective partners for the Government. We bring considerable experience in watershed management to the policy tables and are experienced on-the-ground delivery organizations. Additional examples of this include: working around species at risk; contributing to agricultural best management practices and resilient landscapes; and working with Fisheries and Oceans Canada. Page 238 of 457 Conservation Ontario Submission for 2023 Federal Budget (February, 2023) 7 | P a g e Leveraging the Work of Conservation Authorities Conservation authorities bring additional, valuable resources to projects by leveraging vast, long standing local, municipal and provincial partnerships. We work closely with property owners to plan, develop, and implement significant, practical, projects. When added up, these actions provide significant improvements to the Great Lakes – St. Lawrence River region and its waters. Conservation authorities’ watershed management expertise ensures: effective delivery of programs, value for money, local buy-in, and a more meaningful impact than any one organization can achieve independently. For Additional Information Angela Coleman, General Manager, Conservation Ontario 905-895-0716 ext 231 acoleman@conservationontario.ca Conservation Ontario 120 Bayview Parkway, Newmarket ON L3Y 3W3 www.conservationontario.ca Wainfleet, Lake Erie Page 239 of 457 1 Conservation Authority Programs Deliver Value for Provincial Investment Conservation Authorities are boots on the ground delivery agents for the Province and Municipalities. Our delivery of flooding and erosion mitigation programs, the management of conservation lands, and drinking water source protection, are a few examples. Conservation Authority programs: protect the Great Lakes and other water resources; support a healthy agricultural industry; protect water quality and quantity; and provide the local science and operations that help Ontarians be emergency prepared. Our integrated watershed management approach manages impacts to natural resources to ensure the long-term viability of our environment and economy. Partnering with the Province and others, the Conservation Authorities contribute significantly to the health and well-being of residents by protecting safe drinking water sources, protecting lives and property from natural hazards such as flooding and erosion, and providing almost 300 conservation areas for 8 – 10 million annual visitors. Conservation Authorities offer cost savings by working at the watershed scale. Conservation Authorities are locally based, cost-efficient partners for the Province, particularly for key provincial environmental, economic and social policy priorities. Working at the watershed scale brings multiple levels of government and partners to the table to achieve greater results than any one organization could working independently. Three key areas of increased investment are recommended to enhance outcomes of these partnerships for the benefit of Ontarians. 2023 Provincial Pre-Budget Consultation Standing Committee on Finance and Economic Affairs Submitted by Conservation Ontario February 13, 2023 Appendix 2 to Report No FA-34-23 Page 240 of 457 2 1. Increase Investment in Natural Hazards Programs Conservation Authorities are a key implementing partner of Protecting People and Property: Ontario’s Flooding Strategy. Flooding is the most costly natural hazard and the leading cause of public emergency in Ontario. For every dollar paid in insurance claims for damaged homes and businesses, the Insurance Bureau of Canada tells us that Canadian governments and taxpayers pay multiples more to repair public infrastructure that severe weather has damaged. These costs are rising as climate change impacts grow. Flood and erosion events tell a cautionary tale for future planning and development decisions. Land use planning is a critical component of an integrated approach to flood risk management. Conservation Authority regulations and their participation in plan review keep development safely away from flooding and erosion. Conservation Authorities support the provincial housing strategy by improving planning application review and approval processes with Conservation Ontario’s Client Service and Streamlining Initiative. Conservation Authorities appreciate the Province’s attention to this program including the timely management of the Federal Flood Hazard Identification and Mapping Program (FHIMP) projects. To continue to meet the growing challenges, however, Conservation Authorities need: ✓ continued and increased investment for local implementation of natural hazard programs; ✓ increased delivery of technical guideline support; ✓ continued and increased investment for the provincial Water and Erosion Control Infrastructure (WECI) Program is needed for aging natural hazards infrastructure that prevents flooding and erosion. This risk-based program is delivered through a Municipal – Provincial – Conservation Authority partnership. Province provides $5M with assistance from a Conservation Authority experts committee; Municipalities match this with another $5M and Conservation Authorities implement the projects; ✓ continued funding for the Hydrometric Monitoring Network to support flood forecasting and advanced warnings for successful emergency response; ✓ new funding for the development of CA natural hazard asset management plans as required by changes to the Conservation Authorities Act; and, ✓ provincial top up of current Federal natural disaster funding opportunities [e.g. Disaster Mitigation and Adaptation Fund (DMAF) and Flood Hazard Identification and Mapping Program (FHIMP)] for additional infrastructure projects as well as floodplain mapping improvements. Page 241 of 457 3 2. Continue Multi-year Funding Model for Ontario Drinking Water Source Protection Program Conservation Authorities are a key implementing partner for the Ontario Drinking Water Source Program. Conservation Ontario and the Conservation Authorities gratefully acknowledge the Province’s commitment to two-year multi-year funding for the program. We are in year two of this commitment in 2023 and submit that this model is successful for both partners. We look forward to the Province’s continued commitment. 3. Continued and increased investment in Great Lakes water quality programs Conservation Authorities are a key implementing partner for Ontario’s Great Lakes Water Quality commitments. Thirty-five of thirty-six Conservation Authorities’ watersheds drain into the Great Lakes and St. Lawrence River and twenty-six have Great Lakes coast and/or St. Lawrence River shoreline to manage for natural hazards (e.g. coastal flooding and erosion). Conservation Authority programs protect the Great Lakes which are a direct source of drinking water to 60 percent of Ontarians. Reducing nutrients and erosion from our watersheds and coastlines will improve Great Lakes water quality thus reducing algae that create taste and odour and , in some cases, toxins that we don’t want in our drinking water. To meet nutrient reduction targets, Conservation Authorities’ Healthy Great Lakes / Rural Water Quality / Clean Water programs need a long-term commitment. It takes time to develop targeted action plans with the watershed community, to build support for conservation measures and to implement them. Continued investment is needed for science and monitoring to identify the most effective on-the-ground actions. Investment is needed to increase the scale, scope, and intensity of targeted actions given the growing impact of climate change and development intensification. Watershed projects like buffer strip plantings, septic system upgrades, tree planting, shoreline/coastal projects, etc. all contribute to reducing or mitigating impacts on Great Lakes water quality. Outcomes Achieved in Partnership with Conservation Authorities. • Reduced risk and costs from flooding events • Less red tape and more sustainable growth under the provincial housing strategy From January 1st – December 31st, 2021, the high-growth Conservation Authorities issued a combined total of 7533 permits, representing a 12% increase from 2020. The high-growth Conservation Authorities continue to be highly successful – issuing 91% of permits within the provincial timelines. Page 242 of 457 4 In 2021, 17 non-high-growth Conservation Authorities joined the annual reporting cycle, issuing a combined total of 4192 permits. These Conservation Authorities were similarly successful in their first year of reporting – with 93% of permits within the provincial timelines. • Improved public health of Ontario residents and reduced healthcare costs through drinking water source protection and enabling people to be active in nature at over 300 conservation areas Advantages of Working with Conservation Authorities ✓ Known and valued for their watershed-based approach to managing flooding & erosion ✓ Governed by member municipalities and fosters collective actions at the local and community level ✓ Ability to leverage partnerships for greater resources and broader outcomes More Information Angela Coleman, General Manager, Conservation Ontario Cell: 289-763-4807; acoleman@conservationontario.ca Conservation Ontario 120 Bayview Parkway, Newmarket ON L3Y 3W3 www.conservationontario.ca Page 243 of 457 July 25, 2023 Chloe Senior, Clerk Oxford County 21 Reeve St P.O. Box 1614 Woodstock, On N4S 7Y3 Via e-mail – csenior@oxfordcounty.ca Re: County of Oxford Resolutions - Homelessness Crisis and Opioid Crisis At the Woodstock City Council meeting held on July 13, 2023, the following resolution was passed in response to your correspondence: “Whereas the homelessness crisis is taking a devastating toll on families and communities, undermining a healthy and prosperous Ontario and that Council accepts that the responsibility to address these challenges rests with community stakeholders, partners and residents as well as federal and provincial governments and agencies; Whereas the City of Woodstock recognizes the challenges of mental health, addictions, specifically opioids, and homelessness are complex issues that have a significant and detrimental impact on the residents of the City of Woodstock and surrounding areas within Ontario; Whereas addressing and responding to these issues has placed extreme stress on all levels of municipal and non-municipal programs and services, including various not-for-profit organizations and provincially funded health services with the City of Woodstock and surrounding areas; Now, therefore be it resolved that the City of Woodstock call on the federal and provincial governments to act on the following seven measures: 1. Acknowledge that homelessness in Ontario is a social, economic, and health crisis; 2. Commit to ending homelessness in Ontario; Office of the City Clerk Woodstock City Hall P.O. Box1539 500 Dundas Street Woodstock, ON N4S 0A7 Telephone (519) 539-1291 Page 244 of 457 3. Work with the Association of Municipalities of Ontario (AMO) and a broad range of community, health, Indigenous, and economic partners to develop, resource, and implement an action plan to achieve this goal; 4. Creation of a multi-sectoral task force to guide development of a robust provincial opioid response plan that will ensure necessary resourcing, policy change, and health and social system coordination; 5. Expanding access to opioid agonist theory 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; 6. Providing a long-term financial commitment to create more affordable and supportive housing for people in need, including people with substance use disorders; and 7. 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 neighborhoods, beginning from early childhood; And further, that a copy of this motion be sent to the Premier of Ontario; the Minister of Municipal Affairs and Housing; the Minister of Children, Community and Social Services; the Minister of Health; the Minister of the Solicitor General; the Minister of Finance; the Chief Medical Officer of Health; Oxford MPP Ernie Hardeman; Oxford MP Arpan Khanna; the Association of Municipalities of Ontario; and all Ontario municipalities.” Yours Truly, Amelia Humphries Deputy Chief Administrative Officer/City Clerk Cc: (via email) The Honourable Doug Ford, Premier of Ontario - premier@ontario.ca The Honourable Steve Clark, Minister of Municipal Affairs and Housing of Ontario - minister.mah@ontario.ca The Honourable Michael Parsa, Minister of MCCSS - MinisterMCCSS@ontario.ca The Honourable Christine Elliott, Minister of Health - christine.elliott@ontario.ca The Honourable Michael Kerzner, Minister of the Solicitor General - michael.kerzner@ontario.ca The Honourable Peter Bethlenfalvy, Minister of Finance - peter.bethlenfalvy@pc.ola.org Dr. Kieran Moore, Chief Medical Officer - infoline.moh@ontario.ca The Honourable Ernie Hardeman, Oxford MPP - ernie.hardemanco@pc.ola.org The Honourable Arpan Khanna, Oxford MP - arpan.khanna@parl.gc.ca Association of Municipalities Ontario – amo@amo.on.ca Page 245 of 457 City Clerk's Office Secretariat Sylwia Przezdziecki Council Secretariat Support City Hall, 12th Floor, West 100 Queen Street West Toronto, Ontario M5H 2N2 John D. Elvidge City Clerk Tel: 416-392-7032 Fax: 416-392-2980 e-mail: Sylwia.Przezdziecki@toronto.ca web: www.toronto.ca In reply please quote: Ref.: 23-PH4.8 (Sent by Email) July 25, 2023 ALL ONTARIO MUNICIPALITIES: Subject: Planning and Housing Committee Item 4.8 City Comments on the Proposed Provincial Planning Statement (Ward All) City Council on June 14 and 15, 2023, considered Item PH4.8, and a copy is attached for your information or appropriate action. for City Clerk S. Przezdziecki/wg Attachment Sent to: Minister of Municipal Affairs and Housing, Province of Ontario Minister of Economic Development, Job Creation and Trade, Province of Ontario Leader, Official Opposition, Province of Ontario Members of Provincial Parliament All Ontario Municipalities Executive Director, Association of Municipalities of Ontario c. City Manager Page 246 of 457 Committee Report Report Item Planning and Housing Committee PH4.8 Adopted Ward: All City Comments on the Proposed Provincial Planning Statement City Council Decision City Council on June 14 and 15, 2023, adopted the following: 1. City Council express its concern to the Minister of Municipal Affairs on the general direction taken in the proposed Provincial Planning Statement as it represents fundamental changes in how growth planning is carried out in the Province and by the City of Toronto. 2. City Council support in principle the provisions in the proposed Provincial Planning Statement that encourage the supply of housing, notwithstanding, that references to "Affordable Housing" and "Housing that is affordable to low-and moderate-income households" have not been carried over. 3. City Council request the Province of Ontario through ERO 019-6813 and outlined in Attachment 1 to the report (May 17, 2023) from the Chief Planner and Executive Director, City planning to: a. maintain all policy references to “residential intensification” and “redevelopment” in the current Provincial Policy Statement to provide clarity that where sufficient land and servicing exists to accommodate forecast population through infill, the need for greenfield development is diminished; b. require that large and fast-growing municipalities accommodate a minimum of 50 percent of all residential development within their existing settlement area and that new settlement areas or settlement area expansion lands are planned for a minimum density target of 50 residents and jobs per gross hectare; c. maintain the density targets of Urban Growth Centres (Growth Plan 2.2.3.2) and policies that directed how Urban Growth Centres will be planned (Growth Plan 2.2.3.1); d. provide flexibility for municipalities to identify additional higher order transit corridors that deviate from the definition of "higher order transit" in the proposed Provincial Planning Statement; e. maintain the Growth Plan policies (2.2.4.8 – 2.2.4.10) that support the development of complete communities with a compact built form and affordable housing within Major Transit Station Areas, on lands adjacent to Major Transit Station Areas, and along transit corridors; f. include reference to affordable housing in Provincial Planning Statement Policy 2.4.2.6 given provincial direction to include affordable housing in Protected Major Transit Station Page 247 of 457 Areas through inclusionary zoning; g. maintain that municipalities may identify a settlement area or allow the expansion of a settlement area boundary only at the time of a 5-year official plan update and only where it has been demonstrated that certain conditions have been met (Provincial Policy Statement 1.1.3.8); h. lead a provincial-municipal process with large and fast-growing municipalities for the periodic preparation of regional population and employment forecasts. Enable municipalities to continue to be able to adopt higher forecasts; i. direct municipalities in the Greater Golden Horseshoe to continue using population and employment forecasts of Schedule 3 of the Growth Plan for managing growth to 2051 and ensuring “at least 25 year” supply of land; j. maintain the current definitions of “affordable” housing and 'low and moderate-income households" or provide explicit direction for municipalities to set their own definition; k. maintain the requirement for municipalities to establish targets for housing affordable to low- and moderate-income households (Provincial Policy Statement 1.4.3(a)) and for affordable ownership and affordable rental housing (Growth Plan 2.2.6.1(a)(ii)); l. maintain Growth Plan policy 2.2.6.3 that provides direction to municipalities to use available tools to require that multi-unit residential developments incorporate a mix of unit types to accommodate a diverse range of households sizes and incomes; m. revise the definition of “housing options” to include consideration for affordable housing, tenure, and unit types to accommodate a range of household sizes; n. amend proposed policy 2.2.1.b.2, related to the conversion of existing commercial and institutional buildings for residential uses, to include a requirement to maintain or replace employment space within the redevelopment or within an off-site location; o. enact a Regulation to permit the use of zoning with conditions, pursuant to Section 113 of the City of Toronto Act, 2006, that would enable a municipality to secure replacement employment space as part of redevelopments proposing to convert existing commercial and institutional space; p. enact a Regulation to permit the use of conditional zoning, pursuant to Section 113 of the City of Toronto Act 2006, that would enable the City to require and secure employment space to be provided prior to, or concurrent with any non-employment uses, including residential; q. revise the Employment Area definition to explicitly include film production, cluster of office uses, stand-alone convenience retail and services to serve businesses and workers within Employment Areas, and enable municipalities to define components of Employment Areas to serve local economies; r. maintain the current timeframe for when a conversion of employment lands can be considered: only when municipalities are undertaking their 5-year Official Plan review, absent the Municipal Comprehensive Review concept; s. strengthen land use policy protections for all Employment Areas across the Province to ensure that these lands support the economy and are viable over the long-term; Page 248 of 457 t. require that municipalities determine that sensitive land uses proposed near manufacturing, warehousing and other major facilities are compatible or can be made compatible prior to permitting a sensitive land use; u. retain the existing Growth Plan policy (2.2.5.8) which requires that the development of sensitive land uses, major retail and major office will avoid, or where avoidance is not possible, minimize and mitigate adverse impacts on industrial, manufacturing or other major facilities; v. maintain the current Provincial Policy Statement and Growth Plan policies that explicitly support energy efficiency, increased vegetation, and improved air quality; w. maintain and expand the geographic scope of the current Provincial Policy Statement and Growth Plan policies related to natural heritage protection, climate action, intensification, and greenhouse-gas reduction; x. expand the geographic scope of the Growth Plan's protections for natural heritage systems (4.2.2), water resource systems and watershed planning (4.2.1), and stormwater management (3.2.7) to the entire Province; y. maintain the Growth Plan's provincially identified Agricultural System; z. maintain Growth Plan policy 4.2.8.1 requiring municipalities to develop and implement official plan policies and other strategies related to conserving mineral aggregate resources; aa. change the definition of "waste management system" to consider the waste hierarchy and is inclusive of and prioritizes resource recovery and environmental outcomes consistent with the Province’s circular economy ambitions; bb. align the Waste Management policies with the language of the Waste Free Ontario Act and Resource Recovery and Circular Economy Act and provide guidance on how municipalities are to interpret the Waste Management policies in the Provincial Planning Statement alongside the Resource Recovery and Circular Economy Act; cc. include policy direction that requires municipalities to coordinate and plan for appropriate and adequate shared waste management infrastructure; dd. include policy direction that ensures the provision of lands for integrated waste management, including recycling and processing facilities, and residual disposal/management; ee. maintain and expand the geographic scope of Growth Plan policy 4.2.1.4 that requires a sub-watershed plan for large-scale development in greenfield areas; ff. maintain policy references to "key hydrologic features, key hydrologic areas and their functions", from the current Provincial Policy Statement (2.2.1(e)) and expand the geographic scope of Growth Plan policy 4.2.1.2; gg. include direction in the proposed Provincial Planning Statement that planning authorities shall protect, improve, or restore the quality and quantity of water; hh. recognize and promote green infrastructure's role in water and stormwater systems; Page 249 of 457 ii. maintain all transportation related policies in the current Provincial Policy Statement and Growth Plan that support reducing vehicle trips; jj. include language regarding planning for a transportation system in way that accounts for factors such as equity, cost, air quality, winter maintenance and resiliency; kk. modify policies concerning the protection of heritage properties to say, “protected heritage property shall be conserved”, recognizing that the definition of “protected heritage property” includes more than lands with built heritage resources or cultural heritage landscapes; ll. maintain the existing Land Needs Assessment methodology as Provincial guidance to the large and fast-growing municipalities for assessing land needs as a complement to the Provincial Projections Methodology Guideline available to other municipalities; mm. include as part of the transition regulation that all planning matters (Official Plan Amendments or Zoning By-law Amendments) that predate the in-effect date of the new Provincial Planning Statement be transitioned under the existing planning framework. These include planning matters that are: (1) deemed complete and in process/under review; (2) city-initiated process underway or nearing completion, or (3) Council-adopted but is under appeal or appeal period nearing; nn. continue to transition Official Plan Amendment 231 as a matter in process that was approved under the Growth Plan, 2006; oo. acknowledge the importance of and requirement for undertaking integrated planning across the Province; pp. provide guidance on expectations with respect to municipal engagement with Indigenous communities on land use planning matters that identify best practices; qq. clarify the scope of a municipality's obligation to identify potential impacts of decisions on the exercise of Aboriginal or treaty rights and how the Province's role in addressing asserted Aboriginal or treaty rights will be integrated in the municipal decision- making process; and rr. add a new policy that enables municipalities to put in place local policies that address the changing nature of office space and needs to reflect the local context. 4. City Council confirm that film production will continue to be considered a form of manufacturing for the purposes of land use planning and interpretation of official plan policies and zoning standards. 5. City Council forward Attachment 2 to the report (May 17, 2023) from the Chief Planner and Executive Director, City Planning from the Film Commissioner and Director, Entertainment Industries related to the impacts the proposed Provincial Planning Statement has on the City’s film production Industry to the Minister of Municipal Affairs and Housing and the Minister of Economic Development, Job Creation and Trade. 6. City Council forward a copy of the report (May 17, 2023) from the Chief Planner and Executive Director, City Planning to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Economic Development, Job Creation and Trade, the Leader of Page 250 of 457 the Official Opposition, all Ontario MPPs, the Association of Municipalities of Ontario, and all Ontario municipalities for their information and consideration. 7. City Council request the Minister of Municipal Affairs and Housing to undertake dedicated consultation with affected industry stakeholders on any changes to policies related to the protection of employment lands in advance of proceeding with the proposed Provincial Planning Statement. ———— Committee Recommendations The Planning and Housing Committee recommends that: 1. City Council express its concern to the Minister of Municipal Affairs on the general direction taken in the proposed Provincial Planning Statement as it represents fundamental changes in how growth planning is carried out in the province and by the City of Toronto. 2. City Council support in principle the provisions in the proposed Provincial Planning Statement that encourage the supply of housing, notwithstanding, that references to "Affordable Housing" and "Housing that is affordable to low- and moderate-income households" have not been carried over. 3. City Council request the Province through ERO 019-6813 and outlined in Attachment 1 to the report (May 17, 2023) from the Chief Planner and Executive Director, to: a. maintain all policy references to “residential intensification” and “redevelopment” in the current Provincial Policy Statement to provide clarity that where sufficient land and servicing exists to accommodate forecast population through infill, the need for greenfield development is diminished. b. require that large and fast-growing municipalities accommodate a minimum of 50 percent of all residential development within their existing settlement area and that new settlement areas or settlement area expansion lands are planned for a minimum density target of 50 residents and jobs per gross hectare. c. maintain the density targets of Urban Growth Centres (Growth Plan 2.2.3.2) and policies that directed how Urban Growth Centres will be planned (Growth Plan 2.2.3.1). d. provide flexibility for municipalities to identify additional higher order transit corridors that deviate from the definition of "higher order transit" in the proposed Provincial Planning Statement. e. maintain the Growth Plan policies (2.2.4.8 – 2.2.4.10) that support the development of complete communities with a compact built form and affordable housing within MTSAs, on lands adjacent to MTSAs, and along transit corridors. f. include reference to affordable housing in Provincial Planning Statement Policy 2.4.2.6 given provincial direction to include affordable housing in Protected Major Transit Station Areas through inclusionary zoning. g. maintain that municipalities may identify a settlement area or allow the expansion of a settlement area boundary only at the time of a 5-year official plan update and only where it has been demonstrated that certain conditions have been met (Provincial Policy Statement 1.1.3.8). Page 251 of 457 h. lead a provincial-municipal process with large and fast-growing municipalities for the periodic preparation of regional population and employment forecasts. Enable municipalities to continue to be able to adopt higher forecasts. i. direct municipalities in the Greater Golden Horseshoe to continue using population and employment forecasts of Schedule 3 of the Growth Plan for managing growth to 2051 and ensuring “at least 25 year” supply of land. j. maintain the current definitions of “affordable” housing and 'low and moderate-income households" OR provide explicit direction for municipalities to set their own definition. k. maintain the requirement for municipalities to establish targets for housing affordable to low- and moderate-income households (Provincial Policy Statement 1.4.3(a)) and for affordable ownership and affordable rental housing (Growth Plan 2.2.6.1(a)(ii)) l. maintain Growth Plan policy 2.2.6.3 that provides direction to municipalities to use available tools to require that multi-unit residential developments incorporate a mix of unit types to accommodate a diverse range of households sizes and incomes. m. revise the definition of “housing options” to include consideration for affordable housing, tenure, and unit types to accommodate a range of household sizes. n. amend proposed policy 2.2.1.b.2, related to the conversion of existing commercial and institutional buildings for residential uses, to include a requirement to maintain or replace employment space within the redevelopment or within an off-site location. o. enact a Regulation to permit the use of zoning with conditions, pursuant to Section 113 of the City of Toronto Act 2006, that would enable a municipality to secure replacement employment space as part of redevelopments proposing to convert existing commercial and institutional space. p. enact a Regulation to permit the use of conditional zoning, pursuant to Section 113 of the City of Toronto Act 2006, that would enable the City to require and secure employment space to be provided prior to, or concurrent with any non-employment uses, including residential. q. revise the Employment Area definition to explicitly include film production, cluster of office uses, stand-alone convenience retail and services to serve businesses and workers within Employment Areas, and enable municipalities to define components of Employment Areas to serve local economies. r. maintain the current timeframe for when a conversion of employment lands can be considered: only when municipalities are undertaking their 5-year Official Plan review, absent the Municipal Comprehensive Review concept. s. strengthen land use policy protections for all Employment Areas across the Province to ensure that these lands support the economy and are viable over the long-term. t. require that municipalities determine that sensitive land uses proposed near manufacturing, warehousing and other major facilities are compatible or can be made compatible prior to permitting a sensitive land use. Page 252 of 457 u. retain the existing Growth Plan policy (2.2.5.8) which requires that the development of sensitive land uses, major retail and major office will avoid, or where avoidance is not possible, minimize and mitigate adverse impacts on industrial, manufacturing or other major facilities. v. maintain the current Provincial Policy Statement and Growth Plan policies that explicitly support energy efficiency, increased vegetation, and improved air quality. w. maintain and expand the geographic scope of the current Provincial Policy Statement and Growth Plan policies related to natural heritage protection, climate action, intensification, and greenhouse-gas reduction. x. expand the geographic scope of the Growth Plan's protections for natural heritage systems (4.2.2), water resource systems and watershed planning (4.2.1), and stormwater management (3.2.7) to the entire Province. y. maintain the Growth Plan's provincially identified Agricultural System. z. Maintain Growth Plan policy 4.2.8.1 requiring municipalities to develop and implement official plan policies and other strategies related to conserving mineral aggregate resources. aa. change the definition of "waste management system" to consider the waste hierarchy and is inclusive of and prioritizes resource recovery and environmental outcomes consistent with the Province’s circular economy ambitions. bb. align the Waste Management policies with the language of the Waste Free Ontario Act and Resource Recovery and Circular Economy Act (RRCEA) and provide guidance on how municipalities are to interpret the Waste Management policies in the Provincial Planning Statement alongside the RRCEA. cc. include policy direction that requires municipalities to coordinate and plan for appropriate and adequate shared waste management infrastructure. dd. include policy direction that ensures the provision of lands for integrated waste management, including recycling and processing facilities, and residual disposal/management. ee. maintain and expand the geographic scope of Growth Plan policy 4.2.1.4 that requires a sub-watershed plan for large-scale development in greenfield areas. ff. maintain policy references to "key hydrologic features, key hydrologic areas and their functions", from the current Provincial Policy Statement (2.2.1(e)) and expand the geographic scope of Growth Plan policy 4.2.1.2. gg. include direction in the proposed Provincial Planning Statement that planning authorities shall protect, improve, or restore the quality and quantity of water. hh. recognize and promote green infrastructure's role in water and stormwater systems. ii. maintain all transportation related policies in the current Provincial Policy Statement and Growth Plan that support reducing vehicle trips. Page 253 of 457 jj. include language regarding planning for a transportation system in way that accounts for factors such as equity, cost, air quality, winter maintenance and resiliency. kk. modify policies concerning the protection of heritage properties to say, “protected heritage property shall be conserved”, recognizing that the definition of “protected heritage property” includes more than lands with built heritage resources or cultural heritage landscapes. ll. maintain the existing Land Needs Assessment methodology as Provincial guidance to the large and fast-growing municipalities for assessing land needs as a complement to the Provincial Projections Methodology Guideline available to other municipalities. mm. include as part of the transition regulation that all planning matters (Official Plan Amendments or Zoning By-law Amendments) that predate the in-effect date of the new Provincial Planning Statement be transitioned under the existing planning framework. These include planning matters that are: (1) deemed complete and in process/under review; (2) city-initiated process underway or nearing completion, or (3) Council-adopted but is under appeal or appeal period nearing. nn. continue to transition Official Plan Amendment 231 as a matter in process that was approved under the Growth Plan, 2006. oo. acknowledge the importance of and requirement for undertaking integrated planning across the Province. pp. provide guidance on expectations with respect to municipal engagement with Indigenous communities on land use planning matters that identify best practices. qq. clarify the scope of a municipality's obligation to identify potential impacts of decisions on the exercise of Aboriginal or treaty rights and how the Province's role in addressing asserted Aboriginal or treaty rights will be integrated in the municipal decision-making process. rr. add a new policy that enables municipalities to put in place local policies that address the changing nature of office space and needs to reflect the local context. 4. City Council confirm that film production will continue to be considered a form of manufacturing for the purposes of land use planning and interpretation of official plan policies and zoning standards. 5. City Council forward Attachment 2 to the report (May 17, 2023) from the Chief Planner and Executive Director to the Minister of Municipal Affairs and Housing and the Minister of Economic Development, Job Creation and Trade from the Film Commissioner and Director, Entertainment Industries related to the impacts the proposed Provincial Planning Statement has on the City’s film production Industry. 6. City Council forward a copy of the report (May 17, 2023) from the Chief Planner and Executive Director to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Economic Development, Job Creation and Trade, the Leader of the Official Opposition, all Ontario MPPs, the Association of Municipalities of Ontario, and all Ontario municipalities for their information and consideration. Page 254 of 457 7. City Council request that the Minister of Municipal Affairs and Housing undertake dedicated consultation with affected industry stakeholders on any changes to policies related to the protection of employment lands in advance of proceeding with the proposed Provincial Planning Statement. Origin (May 17, 2023) Report from the Chief Planner and Executive Director, City Planning Summary The policy led planning system under which municipalities within the Greater Golden Horseshoe (GGH) Area have operated since 2006 has experienced numerous changes over the last 5 years requiring the City to continuously review, examine and adapt our planning policies and practices. On April 6, 2023 as part of Bill 97, the Ministry of Municipal Affairs and Housing introduced a draft Provincial Planning Statement that is intended to replace the current Provincial Policy Statement and the Growth Plan for the Greater Golden Horseshoe. Some policies of the Growth Plan are intended to be incorporated into the new Provincial Planning Statement and the Growth Plan is proposed to be repealed. The proposed repeal of the Growth Plan now treats the region generally the same as any other part of the Province despite it being home to 70% of Ontarians. While some Growth Plan policies are found in the proposed Provincial Planning Statement, virtually all the foundational ones have been eliminated and the overall policy intent of establishing a regional plan to lay out and coordinate planning, resource and infrastructure management efforts has been abandoned. Absent a comprehensive and coordinated regional growth management framework, potential unintended consequences may include, loss of agricultural land and associated worsening food insecurity, degradation of the natural heritage system and it's ability to mitigate the impacts of climate change, impacts on water quality, uncoordinated infrastructure planning that increases costs for local and regional governments, uncoordinated and unsustainable development patterns that encourage car dependency, and the loss and removal of employment lands needed to support a diverse economic base. The direction for regional planning implied in the draft Provincial Planning Statement represents a seminal change in the land use planning system in the GGH that together with recent and potential future governance changes pose risks to the widely recognized benefits of coordinated and integrated land use, resource and infrastructure planning and calls into question progress toward widely understood and desirable outcomes around climate adaptation, inclusion, economic and financial stability over the next decades. Growing imperatives around housing supply and paying for infrastructure should spark an evolution in regional planning through a focussed collaborative process around making the Growth Plan work better, without jettisoning its fundamental goals around limiting sprawl and long-term land use predictability. The Province has provided stakeholders 60 days to review the proposed document and comments are due no later than June 5, 2023. Staff will submit the recommendations from Planning and Housing Committee to the provincial ERO posting and will submit additional comments received at City Council's meeting on June 14-16, 2023 as supplementary information to the recommendations contained in this report. This report outlines staff comments on the proposed Provincial Planning Statement as itemized in Attachment 1. The recommendations contained in this report address concerns raised by City staff intended to inform the Ministry of the City's comments and suggested revisions to the proposed Provincial Planning Statement. Staff from City Planning, Engineering & Construction Services, Economic Development & Culture, the Housing Secretariat, Toronto Water, Parks, Page 255 of 457 Forestry & Recreation, Corporate Finance and Legal Services reviewed and provided comments organized in the following six themes: 1. Regional Planning; 2. Housing; 3. Employment Lands Planning; 4. Environment; 5. Infrastructure; and 6. Implementation Background Information (Committee) (May 17, 2023) Report and Attachments 1 and 3 from the Chief Planner and Executive Director, City Planning on City Comments on the Proposed Provincial Planning Statement (https://www.toronto.ca/legdocs/mmis/2023/ph/bgrd/backgroundfile-236614.pdf) Attachment 2 - Provincial Planning Statement 2023: Impact on Film Production Industry (https://www.toronto.ca/legdocs/mmis/2023/ph/bgrd/backgroundfile-236776.pdf) Communications (Committee) (May 29, 2023) Letter from Geoff Kettel and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Associations (PH.New) (https://www.toronto.ca/legdocs/mmis/2023/ph/comm/communicationfile-169993.pdf) (May 31, 2023) Letter from Craig McLuckie, President, Toronto Industry Network (PH.New) (https://www.toronto.ca/legdocs/mmis/2023/ph/comm/communicationfile-170052.pdf) (May 31, 2023) Letter from Victoria Harding, Executive Director, DGC Ontario (PH.New) (https://www.toronto.ca/legdocs/mmis/2023/ph/comm/communicationfile-170104.pdf) (May 31, 2023) Letter from Issac Tang, Borden Ladner Gervais LLP, on behalf of PT Studios Inc. (PH.New) (https://www.toronto.ca/legdocs/mmis/2023/ph/comm/communicationfile-170105.pdf) (May 31, 2023) Letter from Peggy Kyriakidou, President, and Jayson Mosek, Business Agent, NABET 700-M UNIFOR (PH.New) (https://www.toronto.ca/legdocs/mmis/2023/ph/comm/communicationfile-170106.pdf) Communications (City Council) (June 14, 2023) Letter from Les Veszlenyi and Angela Barnes, Co-Chairs of the Mimico Lakeshore Community Network (CC.Supp) (https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-170401.pdf) (May 31, 2023) Letter from Ian Carmichael and John Caliendo, Co-Chairs, ABC Residents Association (CC.New) (https://www.toronto.ca/legdocs/mmis/2023/cc/comm/communicationfile-170438.pdf) Speakers Victoria Harding, Directors Guild of Canada - Ontario Cynthia Lynch, FilmOntario Peggy Kyriakidou, NABET 700M UNIFOR Angela Mastronardi, IATSE Local 873 Page 256 of 457 City of Niagara Falls Motion regarding State of Emergency on Mental Health, Homelessness and Addiction, (Social Issues effecting Niagara Falls) WHEREAS Niagara Regional Council, City of Thorold, City of Niagara Falls and City of St. Catharines have adopted motions to declare mental health, homelessness, and addiction as an emergency; and WHEREAS the City of Niagara Falls has individuals living rough throughout the community; and WHEREAS the availability of affordable housing options is rapidl y decreasing making it harder for families and individuals to find housing; and NOW THEREFORE BE IT RESOLVED That The City of Niagara Falls ask Niagara Region commit to deliver more preventative drug education through a public as they see fit. AND FURTHER that The City of Niagara Falls lobby the province on more therapeutic approaches and treatment pertaining to mental health care, work to develop strategies to address mental health/homeless/addiction discrimination. AND FURTHER that The City of Niagara Falls advocate to the Provincial Government the need for increased medium-housing supply for young people trying to enter the housing market, seniors downsizing, and to open up for supply for families AND FURTHER that the City of Niagara Falls request that the Ford government commit to more funding for residential services for adults and children struggling with an intellectual and/or developmental disability. AND FURTHER that this resolution be circulated to all Niagara-area municipalities, local MPP, MP and Provincial Minister of Community and Social Services. Page 257 of 457 Wayne Thomson (Motion from Steven Roman Soos) City of Thorold Motion regarding Thorold State of Emergency on Mental Health, Homelessness and Addiction, and Food Security (Social Issues effecting Niagara Falls) March 09, 2023 WHEREAS Niagara Regional Council, City of Thorold, City of Niagara Falls and City of St. Catharines have adopted motions to declare mental health, homelessness, and addiction as an emergency; and WHEREAS the City of Niagara Falls has experienced a dramatic increase in individuals living rough throughout the community, both within public spaces as well as derelict and vacant private properties; and WHEREAS the availability of affordable housing options is rapidly decreasing with St. Catharines having one of the highest rents in Ontario, having increased 19% since 2021 making it harder for families and individuals to find housing, and with no increases to social assistance since 2018, making affordable housing out of reach for many residents; and WHEREAS street outreach, emergency shelter, rent allowances, and affordable housing are not able to accommodate the increased number and acuity of clients presenting with significant mental health and addictions needs, and to successfully and sustainably support clients to exit from unsheltered homelessness without intensive health supports in the community or as part of a supportive housing program; and WHEREAS Indigenous people in Niagara are disproportionately affected by homelessness, mental health and addiction and require specific and culturally relevant support through Indigenous-led interventions, with those who identify as Indigenous representing 22.6% experiencing homelessness, and 10% of overdose deaths (source: Niagara Chapter Native Women Inc.); and Therefore Be It Resolved Addiction: 1. That City of Niagara Falls ask Niagara Region commit to deliver more preventative drug education through a public health campaign on the dangers of drugs and educate the public including our youth on concepts such as the good Samaritan act, and the benefits of carrying naloxone and how to access it, education on poison supplies, designer drugs; while maintaining commitments on substance abuse public education to Niagara Falls with programs like the Overdose Prevention and Education Network of Niagara and provide regular reports and updates on milestones and initiatives, and Page 258 of 457 Mental Health: 1. That City of Niagara Falls acknowledge mental health care as a right as outlined in the Canada Health Act under access of care. 2. That City of Niagara Falls lobby the province on more therapeutic approaches and treatment pertaining to mental health care, work to develop strategies to address mental health/homeless/addiction discrimination (especially within our hospital system) and that the Ford government cover the shortfalls of funding to organizations financially struggling who provide emergency support to Niagara Falls Residents. Homelessness/Housing: 1. That Niagara Falls Council support more access in the City to Niagara housing focused emergency shelters addressing the shortfall of available shelter in Niagara (665 homeless- 121 children about 200 shelter beds in Niagara. 2. That Niagara Falls Council advocate to the Provincial Government the need for increased medium-housing supply for young people trying to enter the housing market, seniors downsizing, to open up for supply for families and to support initiatives like Tiny Homes/Temporary Modular housing and other housing models to address the housing crisis in Niagara Falls (up to 20-years for Niagara Falls) 3. That City of Niagara Falls declare homelessness a humanitarian crisis in Niagara to the Canadian federal government and request MP Tony Baldinelli to speak with the federal Ministers of Housing and International Development on the declaration. Indigenous Perspectives: 1. That the City of Niagara Falls learn how municipal and other levels of government can support Indigenous-led approaches to addressing mental health, homelessness and addiction serving Indigenous people within the community; and 2. That the provincial government be asked to add warning labels to alcohol products made available in the LCBO. 3. That the City of Niagara Falls make available and highlight more literature on Indigenous wellness through their public library. 4. That the City of Niagara Falls support the creation of a pilot project for an Indigenous mobile crisis unit in Niagara and request the provincial Indigenous Affairs Ministry and Federal Indigenous-Crown Relations Ministry to support and better fund Indigenous- emergency services in Niagara. Intellectual and Developmental Disabilities: 1. That the City of Niagara Falls request that the Ford government commit to more funding for residential services for adults and children struggling with an intellectual and/or developmental disability. That the Ford government also commit to addressing lengthy waitlists for supportive housing options to people with developmental and/or intellectual disabilities. Page 259 of 457 2. That the City of Niagara Falls also request the Ford government commit to addressing the lengthy waitlists and address funding/staffing gaps to autism services. 3. That the Ford government commit assist in the recruiting of Developmental Support Workers to address the shortage of workers for developmental disability services . Other Concepts for Mental Health, Homelessness and Addiction Emergency: 1. That Niagara Falls City Council advocate to Niagara Region Public Health and Social Services for the creation of a database for families who can sign up to take in someone with a mental health, homelessness and/or addiction issue to take stress off an overworked and underfunded mental health, addictions, homelessness system(s) in Niagara. 2. That the City of Niagara Falls communicate regular updates on the mental health, homelessness and addiction emergency to the residents of Thorold 3. That the City of Niagara Falls establish an emergency operations committee for the mental health, homelessness and addiction emergency. That the memorandum of this committee be established in a way that allows both political and public/citizen appointments with an emphasis on recruiting those with lived experience in mental health, homelessness and addiction and marginalized communities disproportionally represented in suicide, overdose and local homelessness data. 4. That the City of Niagara Falls request the United Nations Secretary General to issue a statement of condemnation on the discrimination of people experiencing mental health, homelessness and addiction around the globe. 5. That the City of Niagara Falls condemn the discrimination of the mentally ill, homeless and / or addicted within the community; and 6. That the City of Niagara Falls ask the Government of Ontario expand domestic abuse resources in Niagara. 7. That the City of Niagara Falls request the assistance of the Niagara Workforce planning board ,Brock University, Thorold BIA and Niagara Board of Trade of Commerce to explore the financial losses of lost labor productivity and unemployment locally in Niagara due to the issues of mental health and addiction which costs the Canadian economy 50 Billion for mental health and 40 Billion for substance use annually. 8. That the City of Niagara Falls provide monthly updates on the state of emergency for mental health, homelessness and addiction through all of their available communication channels and in the most cost effective way (ie. Utilization of social media). Food Security: That Niagara Falls City Council commit to the following: -Address the need for community supported agriculture to help address the issue of lack of nutritional food -Petitioning the Minister of Agriculture to increase purchasing power around access to nutritional food -The need for improved identification of local products in existing supply chains Page 260 of 457 -Encouraging the development of new markets for local food -Greater support and promotion of Ontario's Local Food Act -That Niagara Falls City Council assist their local area food banks in ramping up production and access to nutritional food by approaching organizations that assist in food distribution in Thorold. -Working with all-levels of government to provide more assistance to -Thorold-residents who are not food secure -That Niagara Falls City Council ask the federal government to re-explore labelling of foods that are genetically motified (in the interest of Consumer choice). That this resolution be circulated to all Niagara-area municipalities, MPP's, MP's, Provincial Minister of Agriculture, food and rural affairs, Niagara Christian Gleaners, Small Scale Farms, United Way Food Security Network, federal minister of Agriculture and Agri -food, Feed Ontario, Hope Centre-Welland THAT THIS RESOLUTION BE CIRCULATED TO: Niagara Region Native Centre NPAAMB the Congress of Aboriginal Peoples Niagara Region Metis Council Metis Nation Ontario Provincial Minister of Indigenous Affairs Federal Minister of Indigenous-Crown Relations Ontario Federation of Indigenous Friendship Centres and Jennifer Dockstader- Fort Erie Native Friendship Centre All Niagara-area School Boards Brock University Board of Trustees Board of Governors Niagara College Steven Leece, Ontario Education Minister Steven Soos (romansoos2022@outlook.com) Page 261 of 457 RCMP Niagara Regional Police Board All Niagara-area municipalities AMO Developmental Services Ontario Provincial ministry of Community and Social Services Community Living Association of St Catharines YWCA- Niagara Niagara Community Foundation Federal Minister of International Development (oversees Humanitarian Crisis) Federal Minister of Public Safety Federal Minister of Intergovernmental Affairs Federal Minister of Emergency Preparedness, Bill Blair Federal Minister of Immigration, Refugees and Citizenship Deputy Prime Minister, Chrystia Freeland PMO Federal Minister of Housing and Diversity and Inclusion Office of the Premier of Ontario Provincial Minister of Municipal Affairs and Housing Niagara Area MPPs and MP’s, the Ontario Solicitor General Federal Attorney General and Minister of Justice Provincial Emergency Operations Centre United Nations Secretary-General Prof. Haroon Akram Lodhi, Trent University Canadian Civil Liberties Association, Michael Bryant All Provincial Party Leaders and the Independent MPP for Haldimand Norfolk Niagara Workforce Planning Board All Niagara-area Chambers of Commerce Welland Heritage Council and Multicultural Centre Page 262 of 457 Matthew House- Fort Erie St. Catharines Folk Arts Multicultural Centre Autism Ontario South Region Provincial Minister of Intergovernmental Affairs Provincial Minister of Health Provincial Associate Minister of Mental Health and Addiction Federal Minister for Mental Health and Addiction Small Business Enterprise Centres St. Catharines and Niagara Falls Start Me Up Niagara Salvation Army OPP Provincial Chief Medical Officer of Health Canada's Chief Medical Officer Federal Minister of Health Niagara Health System Pathstone Mental Health- Kim Rossi and Sean Baylis Jon Braithwaite, Hope Centre- Welland Chief Public Health Officer of Canada Federal Labor Minister Provincial Labor Minister Christian Horizons- Niagara Bethesda Niagara Niagara Children's Centre CASON Niagara Lieutenant Governor of Ontario Niagara Regional Housing Board All of Canada's Premier's Offices, including the Territories FACS Niagara Page 263 of 457 Niagara Support Services Project Share- Niagara Falls Niagara Falls Small Enterprise Business Centre Niagara Casino OLG Niagara Board of Trade and Commerce Niagara Tourism Network Provincial Minister of Agriculture, food and rural affairs, Niagara Christian Gleaners, Small Scale Farms, United Way Food Security Network, federal minister of Agriculture and Agri-food, Feed Ontario Page 264 of 457 1 Strong Mayors, Building Homes Act, 2022, S.O. 2022, c. 18 – Bill 3 Quick Summary as it pertains to Niagara Falls Prepared by: Nidhi Punyarthi, City Solicitor Date: June 29, 2023 A. Introduction On July 1, 2023, the Strong Mayors, Building Homes Act, 2022, S.O. 2022, c. 18 (“Strong Mayors Act”) comes into effect for the Corporation of the City of Niagara Falls (the “City”). The Strong Mayors Act amends the City of Toronto Act, the Municipal Act, and the Municipal Conflict of Interest Act. Below is a brief summary of the changes to the legislation as they affect Niagara Falls and the mayor’s powers and other City staff and council members’ roles. While there is a reference to “regulations” related to the Strong Mayors Act, no regulations have yet been posted by the Province. B. Added Mayoral Powers / Responsibilities • All mayoral powers must be exercised in writing (s. 284.4(1)). • Direct municipal employees to undertake research and provide advice on new mayoral powers, and carry out duties related to the exercise or performance of any of the new powers (s. 284.3(a) and (b)). • Make any prescribed information and documents available to the public (s. 284.4(2)). • Appoint a CAO (as opposed to the municipality appointing the CAO) (s. 284.5). • Determine the organizational structure of the municipality (s. 284.6(1)). [Note that the Province does not define an organizational structure]. • Hire, dismiss, or exercise any other prescribed employment powers with respect to the head of any division or the head of any other part of the organizational structure (s. 284.6(2)). • Unable to hire, dismiss, or exercise any other prescribed employment powers with respect to the following positions: 1. The clerk or deputy clerk; 2. A treasurer or deputy treasurer; 3. An Integrity Commissioner; 4. An Ombudsman; Page 265 of 457 2 5. An Auditor General; 6. A registrar as described in 223.11; 7. A chief building official; 8. A chief of police; 9. A fire chief; 10. A medical officer of health; 11. Other officers or heads of divisions required to be appointed under MA or any other Act. 12. Any other prescribed persons. (s. 284.6(3)) • Power to appoint chairs and vice-chairs of prescribed local boards (s. 284.7). • Powers with respect to prescribed committees (establish or dissolve, appoint chairs and vice chairs, assign functions) (s. 284.8). • Power to dismiss or revoke the appointment of a CAO, chair or vice chair of a local board or committee regardless of when that person started the position (s. 284.15(2)). • Assume the powers and duties of a municipality with respect to proposing and adopting a budget (s. 284.16(1)). • Prepare a proposed budget for the municipality and provide it to Council for consideration (s. 284.16(2)). • Ability to subvert the procedure by-law to require Council to consider a matter at a meeting, if the Mayor is of the opinion that that particular matter may advance a prescribed provincial priority (s. 284.10(1)). • Veto powers on by-laws passed under the Municipal Act, Planning Act, and any other prescribed Act (s. 284.11(1)). [Note: This captures essentially every by-law]. Veto powers can only be exercised in furtherance of prescribed provincial priorities. • Within two (2) days of the by-law being voted on by majority of Council, approve by-law in writing to confirm that there is no veto happening (s. 284.11(4)(a)), for which no notice is required (s. 284.11(12)). Alternatively, a by-law is “deemed approved” and veto abilities expire (s. 284.11(6)) if nothing happens for two (2) days (s. 284.11(4)(a)). • Ability to veto any Council resolution to amend the Mayor’s proposed budget (s. 284.16(4)). Page 266 of 457 3 C. Powers that can be Delegated • Can delegate the added powers related to the ability to appoint the CAO, set the organizational structure, and the hiring and firing powers related to the organizational structures, heads of divisions, local boards and committees (s. 284.13(1)). • Can delegate all or part of the added powers under s. 284.3(b), s.284.13(2) of the Strong Mayors Act and s.23.1(2) of the Municipal Act. D. Veto Procedure • In two (2) days of the by-law being voted on by majority of Council, Mayor must give written notice of intention to veto the by-law to Council (s. 284.11(2)). [Note: Veto applies to the entire by-law even if the Mayor has an issue with part of the by-law. This raises the issue of having separate confirming by-laws for each agenda item just in case – this is what Toronto had to do.] • In fourteen (14) days of the by-law being voted on by majority of Council, Mayor must give a veto document to the Clerk (s. 284.11(4)(b)). The day this happens is called “the day of the veto”. This also means that the by-law at issue has not been passed (s. 284.11(8)). Veto abilities expire if the veto document is not given in this timeframe. (s. 284.11(6)). • Veto document must contain (a) the veto; and (b) reasons for the veto (i.e., that the Mayor is of the opinion that all or part of the by-law could potentially interfere with a provincial priority). (s. 284.11(5)). • By the next business day, Clerk provides a copy of the veto document to every other member of Council and makes the document available to the public. (s. 284.11(7)). • Within 21 days of receiving the veto document, Council needs to meet and vote against with 2/3rds majority to defeat or override the veto (s. 284.11(9)). This also pertains to the Mayor’s veto re: resisting Council resolutions to amend the proposed budget (s. 284.16(5)). • The Mayor can vote as part of the meeting to consider the veto document (s. 284.11(10)). • If Council overrides the veto, the by-law is deemed passed as of the day of the override (s. 284.11(11)). • If there is a conflict of interest for the Mayor as addressed in the Municipal Conflict of Interest Act, the Mayor shall not exercise these added powers (s. 5.3(1) and (2)) from Schedule 3 of the Strong Mayors Act). Page 267 of 457 4 E. Decision Immunity and Judicial Deference to the Mayor’s Discretion • As long as the decision or exercise of any power under the Strong Mayors Act is done in good faith, it shall not be quashed or open to review in whole or in part by any court because of its unreasonableness or supposed unreasonableness (s. 284.14). F. Continuity of What Was In Place Before, Generally Unless the mayor wants a change, the following items are status quo after the Strong Mayors Act comes into effect: • Organizational structure (s. 284.6(4)). • Heads of divisions or of any other part of the organizational structure (s. 284.6(5)). • CAO, chair or vice chair of a local board or of a committee (s. 284.15(1)). G. Provincial Abilities and Comments on Future Regulations • Prescribe provincial priorities (s. 284.9(1)). • Prescribe matters pertaining to upper-tier municipalities (s. 284.12(4)). • Prescribe regulations pertaining to budget matters (still forthcoming) (s. 284.16(7), s. 284.17(1), s. 284.17(3), and pertaining to provincial priorities (s. 284.17(2)) • Any upcoming regulations can be retroactively effective for 6 months (s. 284.17(4)). H. Provisions regarding Vacancies in the Mayor’s Seat I have not gone into detail on these but they set out the by-election process similar to the Municipal Elections Act: • S. 284.12(1) to (4) Happy to answer any questions or look for and provide any additional information as I am able. Nidhi Punyarthi City Solicitor Page 268 of 457 Number: 2023-10 Mayoral decision Under Bill 3, the Strong Mayors, Building Homes Act, 2022, which amended the Municipal Act, 2001, I, Mark Sutcliffe, Mayor of the City of Ottawa, hereby approve the following by-laws passed at the Ottawa City Council meeting of April 12, 2023, in accordance with subsection 284.11(4)(a)(i) of the Municipal Act, 2001: • All By-laws enacted under the Motion to Introduce By-laws (Council Agenda Item 26) • Confirmation By-law (Council Agenda Item 27) Dated at Ottawa, this 12th day of April 2023. Original signed by Mark Sutcliffe Signature of Mayor Mark Sutcliffe Page 269 of 457 A Great City … For Generations To Come PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Andrew Bryce Director, Planning and Development Date: August 8, 2023 Re: Status of Application AM-2022-017, Zoning By-law Amendment Location: Montrose Road, Parts 7 and 8 Applicant: Kevin Dilts Proposal: Proposed detached dwelling On July 11, 2023, Council held a public meeting to consider a zoning by-law amendment, to rezone a parcel of land from Open Space to Rural Agriculture (per Zoning By-law 1538, 1958) that would permit the construction of a detached dwelling. Council deferred the application until the next Council Meeting on August 15, 2023 to include comments from the Region. This deferral is intended to allow further discussion and review of previous Regional concerns regarding impacts on natural heritage features on and adjacent to the property. To address this direction, a site walk with the applicant’s environmental consultant and Regional and City staff is proposed to allow a fulsome discussion on the natural heritage features. Given the tight turn-around, and vacation time and other projects the consultant is working on, it was not possible to coordinate the site walk prior to August 15. City staff are continuing efforts to coordinate a site walk. Following the site walk, staff will prepare a report to be presented for consideration at a future Council meeting. AB Memo to Council - Status of Application - Aug 15 2023 Page 270 of 457 A Great City … For Generations to Come RECREATION, CULTURE & FACILITIES Inter-Departmental Memo To: Mayor Diodati and Members of Council From: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Date: August 15, 2023 Re: MacBain Community Centre Opening Days and Hours The MacBain Community Centre re-opened to the community in March 2022 and began full operations in April. The Centre’s current hours are Monday to Friday 7:00 a.m. to 9:00 p.m., Saturday 7:00 a.m. to 5:00 p.m. and closed on Sundays. In order to continue to expand and meet the needs of the community, including programming and rental requests, the Centre will be open Sunday’s 7:00 am to 5:00 pm beginning September 10, 2023. No full-time staff will be hired to accommodate the new hours. When the customer service counter renovations project is complete, staff will be launching a new one counter customer service desk initiative. At that time, City staff will be able to supply full City services to residents seven days a week. The aquatic part-time staff team, including lifeguards and swim instructors, will be expanded to provide Sunday swim lessons and public swim hours. Currently, weekend swim lessons are preferred over weeknights due to the busy work schedules of caregivers. On average, Saturday participants are 66% over weekday swims per hour. The expectation is Sunday will be extremely busy. Currently preschool and early swim lesson registration levels are at over 95% of capacity. The gymnasium is very well utilized and from Monday to Friday evening is running at 100% capacity. New Sunday hours will allow opportunities for new community organization bookings and internal programming. Adding another day of operations allows for the extension of drop-in programs. Drop-in programs are extremely popular and full to overcapacity most scheduled sessions. Specifically, Sundays will allow more time for badminton and basketball, two of the most popular drop-in activities. In addition, the city will be adding a Physical Literacy Program on Sundays to expand to the child and youth program opportunities. The program will have sessions available for children ages 16 months to 10 years. Page 271 of 457 A Great City … For Generations to Come Birthday Party packages will be offered on Sundays with options for the indoor play structure, gym time, and crafts. Demand for birthday parties is high, and families are interested in exclusive use of the play structure. Requests for Sunday room rentals have been received regularly since the reopening of the facility. Since adding Sundays to the booking availability, a weekly rental has been established for a local church group, several meetings have been booked by a local Union, and more requests are anticipated with awareness of the new operational hours. These new Sunday rentals have already increased revenue by over $4,000. Several existing programs such as Babysitting and Home Alone are full with waiting lists every session. The addition of Sunday program space will allow the extra classes to meet the community's needs. Sunday is a day that families tend to spend together, and it is anticipated that the open swim and drop-in programs, will be extremely popular. We look very forward to expanding the MacBain Community Centre Hours and continuing to meet the needs of the community. Page 272 of 457 ‘(Ottawa File Number:ACS2023-FCS—FLT-0002 July 18,2023 Colin Best, President of the Association of Municipalities (AMO) 200 University Ave.,Suite 801 Toronto,Ontario,M5H 3C6 amogresident@amo.on.ca By e-mail} Re:Donation of Decommissioned Ambulance to St.John Ambulance Mr.Best, On behalf of Ottawa City Council,I am writing to advise that the City of Ottawa has approved the attached report from the Finance and Corporate Services Committee to donate a decommissioned ambulance to St.John Ambulance. Additionally,I would like to draw to your attention to a motion Ottawa City Council approved at the City Council meeting of June 14,2023,to donate a decommissioned ambulance to the Embassy of Ukraine: MOTION 2023 16-16 Moved by:Councillor R.Brockington Seconded by:Mayor M.Sutcliffe l WHREREASthe City of Ottawa has previously donated surplus ambulances to specific causes or organizations,such as the Salvation Army Community and Emergency Response team,the Government of Nunavut as well as organizations doing work in Ghana and Ethiopia;and decommissioned ambulance to support their humanitarian efforts and providemedicalaidinthisgrowingemergencysituations;andWHEREAStheprovisionofanambulancewillpursue the goal of ensuringadequateconditionstoprovideurgentmedicalcareandtofurtherimproveemergencyresponseintheUkraine;andPage 273 of 457 WHEREAS Section 41(4)of the City’s Procurement By-law 2000-50,as amended,states that:“the sale of surplus furniture,vehicles,equipment, stock,supplies and other goods and material shall be made to the highest responsive bidder and the sale shall be made in accordance with the provisionsof this by-law where applicable;”and THEREFORE BE IT RESOLVED that Council waive Subsection 41(4)of By-law No.2000-50,as amended,and approved the donation of one ambulance to the Embassy of Ukraine. Should you have any questions regarding this these actions,please do not hesitate to contact me. Sincerely, zoayf x M.Rick O’Connor City Clerk,City of Ottawa Encl (1) :c:Municipalities of Ontario amo@amo.on.ca Page 274 of 457 Finance and Corporate Services Committee Report 6 July 12, 2023 1 Comité des finances et des services organisationnels Rapport 6 Le 12 juillet 2023 1. Donation of Decommissioned Ambulance to St. John Ambulance Don d’une ambulance mise hors service à Ambulance Saint-Jean Committee Recommendation Recommandation du Comité Documentation/Documentation 1. General Manager and Chief Financial Officer’s Report (A), Finance and Corporate Services Department, submitted 22 June 2023 (ACS2023-FCS- FLT-0002) Rapport du Directeur général et chef des finances (T), Direction générale des finances et des services organisationnels, daté le 22 juin 2023 (ACS2023- FCS-FLT-0002) That Council waive Subsection 41(4) of the City’s Procurement By-law 2000-50, as amended, and approve the donation of one decommissioned ambulance to St. John Ambulance, with the lost residual value to be funded from the Fleet Reserves. Que le Conseil suspend l’application du paragraphe 41(4) du Règlement sur les approvisionnements de la Ville (no 2000-50), dans sa version modifiée, et d’approuver le don d’une ambulance mise hors service à Ambulance Saint-Jean, en récupérant la valeur résiduelle perdue dans les fonds du parc automobile. Page 275 of 457 1 Subject: Donation of Decommissioned Ambulance to St. John Ambulance File Number: ACS2023-FCS-FLT-0002 Report to Finance and Corporate Services Committee on 4 July 2023 and Council 12 July 2023 Submitted on June 22, 2023 by Cyril Rogers, General Manager and Chief Financial Officer (A), Finance and Corporate Services Department Contact Person: Laila Gibbons, Director, Fleet Services, Finance and Corporate Services Department 613-580-2424 x23988, Laila.Gibbons@ottawa.ca Ward: Citywide Objet : Don d’une ambulance mise hors service à Ambulance Saint-Jean Dossier : ACS2023-FCS-FLT-0002 Rapport au Comité des finances et des services organisationnel le 4 juillet 2023 et au Conseil le 12 juillet 2023 Soumis le 22 juin par Cyril Rogers, Directeur général et chef des finances (T), Direction générale des finances et des services organisationnels Personne ressource : Laila Gibbons, Directrice, Services du parc automobile, Direction générale des finances et des services organisationnels 613-580-2424 poste 23988, Laila.Gibbons@ottawa.ca Quartier : À l'échelle de la ville REPORT RECOMMENDATION That the Finance and Corporate Services Committee recommend that Council waive Subsection 41(4) of the City’s Procurement By-law 2000-50, as amended, and approve the donation of one decommissioned ambulance to St. John Ambulance, with the lost residual value to be funded from the Fleet Reserves. Page 276 of 457 2 RECOMMANDATION DU RAPPORT Que le Comité des finances et des services organisationnels recommande au Conseil de suspendre l’application du paragraphe 41(4) du Règlement sur les approvisionnements de la Ville (no 2000-50), dans sa version modifiée, et d’approuver le don d’une ambulance mise hors service à Ambulance Saint-Jean, en récupérant la valeur résiduelle perdue dans les fonds du parc automobile. BACKGROUND City Council, at its meeting on 31 August 2022, approved the following Motion (2022-81/20): WHEREAS St. John Ambulance (Ambulance St-Jean) supports events and festivals in the City of Ottawa by supporting the Ottawa Paramedic Service, including but not limited to opioid harm reduction; and WHEREAS St. John Ambulance is seeking the donation of a surplus ambulance to provide training to employees and volunteers and to replace the one currently used for service the public in sports, arts, cultural festivals and major events. WHEREAS the City of Ottawa has approximately 85 to 90 ambulances in its fleet at any given period and the expected life cycle of an ambulance is estimated at 54 months and between 200,000 to 230,000 kilometers; and WHEREAS the City of Ottawa usually disposes of roughly 10 to 12 ambulances per year and the next replacement cycle for ambulances in Ottawa is scheduled for June, 2023 (31 new ambulances on order); and WHEREAS the residual value of a used ambulance averages between $20,000 to $23,000; and WHEREAS Section 41(4) of the City’s Procurement By-law 2000-50, as amended, states that: “the sale of surplus furniture, vehicles, equipment, stock, supplies and other goods and material shall be made to the highest responsive bidder and the sale shall be made in accordance with the provisions of this by-law where applicable.” And Page 277 of 457 3 WHREREAS Ottawa City Council has previously waived this provision in order to donate of surplus ambulances to specific causes or organizations (for example, the Salvation Army Community and Emergency Response team, and organizations doing work in Ghana and Ethiopia); THEREFORE BE IT RESOLVED that staff report back to Council when the next ambulance is ready for disposal, and, BE IT FURTHER RESOLVED that at the time of the report, Council consider waiving Subsection 41(4) of By-law No. 2000-50, as amended, and consider the donation of one ambulance to St. John Ambulance, with the lost residual value be funded from the Fleet Reserves. The City’s Disposal of Fleet Vehicles and Equipment Policy includes the following provision on Donation: “Through donation to an eligible person group or body where Council considers the donation to be in the interest of the City, as set out in the Municipal Act. This option is initiated by a sponsoring Councillor. The report or motion brought forward to Committee, Transit Commission or Council must waive section 41(4) of the procurement by-law to allow the donation.” DISCUSSION St. John Ambulance has requested the donation of a decommissioned ambulance to provide training to employees and volunteers and to replace the one currently used to service the public in sports, arts, cultural festivals and major events. The City of Ottawa has, over the years, donated decommissioned vehicles to non-profit charitable organizations that serve the public interest. St. John Ambulance is a charitable organization that provides first aid and emergency medical services to the community. A decommissioned ambulance from the City of Ottawa would be a valuable asset for St. John Ambulance, as it would allow them to continue to support sports, arts, cultural festivals and major events in collaboration with the Ottawa Paramedic Service to provide medical coverage and assistance to event attendees and organizers. A decommissioned ambulance has been used in the past for training and education purposes, as well as opioid harm reduction. By donating a decommissioned ambulance to St. John Ambulance, the City of Ottawa would be supporting a worthy cause that benefits the health and safety of its residents. Page 278 of 457 4 The City of Ottawa roughly disposes of 10 to 12 ambulances per year and the next replacement cycle for ambulances in Ottawa is anticipated in Q3 2023 (31 new ambulances on order). The residual value of a used ambulance averages between $20,000 to $23,000. The Procurement By-law provides that “the sale of surplus furniture, vehicles, equipment, stock, supplies and other goods and material shall be made to the highest responsive bidder and the sale shall be made in accordance with the provisions of this by-law where applicable,” which also applies to used/decommissioned vehicles. Ottawa City Council has previously waived this provision in order to donate surplus ambulances to specific causes or organizations (for example, the Salvation Army Community and Emergency Response team, and organizations doing work in Ghana and Ethiopia). FINANCIAL IMPLICATIONS Should Council approve waiving Subsection 41(4) of By-law No. 2000-50, as amended, the lost residual value of donating one ambulance, estimated between $20,000 to $23,000, will be funded from the Fleet Reserve. LEGAL IMPLICATIONS There are no legal impediments to approving the recommendation in this report. COMMENTS BY THE WARD COUNCILLOR(S) This is a citywide report. CONSULTATION Staff from the Finance and Corporate Services Department and Fleet Services Branch were consulted in the preparation of this report and support the donation of the decommissioned ambulance to the St. John Ambulance. ACCESSIBILITY IMPACTS No accessibility impacts have been identified. RISK MANAGEMENT IMPLICATIONS No risk management implications have been identified. Page 279 of 457 5 TERM OF COUNCIL PRIORITIES This report aligns with the following objective in the 2019-2022 City Strategic Plan and Term of Council Priorities: •Thriving Communities priority in promoting safety for our residents DISPOSITION Fleet Services will arrange for donation of the decommissioned ambulance upon Council approval. Legal Services will complete the Donation Agreement and any documents required to transfer the ownership of the decommissioned ambulance. Page 280 of 457 A Great City … For Generations To Come PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Planning, Building and Development Date: August 15th, 2023 Re: DB-2023-002, Deeming By-law Application Lots 29 & 30, Plan 31 5584 Fraser Street ACK Architects – Michael Allen has requested Council pass a Deeming By-law under the Planning Act so that Lots 29 & 30 in Plan 31 will no longer be lots within a registered plan of subdivision. Michael Allen, on behalf of his client submitted a site plan application (SPC-2023-004) to construct a mixed-use building with a warehouse and accessory office use. A Deeming By-law is required to merge the two properties to facilitate this development. The removal of the lot line and the merging of the two properties will allow for compliance with the zoning regulations. The request can be supported based on the following: • The lots are required to be merged for the proposal to comply with Zoning By -law No. 79-200, as amended. The site plan application is being processed and reviewed. Site plan control is required for this development. The final approved drawings will be part of the registered site plan agreement. ND Attach. S:\Deeming By-law\2023\DB-2023-002 – 5584 Fraser Street/Memo to Council – DB-2023-002.docx Page 281 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-07 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Item #6.1. By-law 2023-78 (NEW) Rocky Vacca of Sullivan Mahoney Council, [1] Mr. Vacca is requesting to appear as a delegation to speak in regards to By-law 2023- 078 - A by-law to amend By-law No. 79-200, to regulate the McLeod Meadows plan of subdivision on the lands subject to the removal of a Holding (H) symbol (AM- 2023-007). [2] By-Law No. 2019-04, 12.7 states "Delegations and Appointments shall be limited to not more than five (5) minutes to address Council, unless otherwise determined by Council." [3] By-Law No. 2019-04 is systemically* violated by Council. [4] * relating to or noting a policy, practice, or set of beliefs that has been established as normative or customary throughout a political, social, or economic system. [5] Council has a duty to uphold By-Law No. 2019-04. [6] For public transparency and accountability, Council is requested to follow By-Law No. 2019-04, and "otherwise determine" should Mr. Vacca request to, and or, exceed the time limit. Page 282 of 457 2 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 283 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-07 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Item #6.1. By-law 2023-78 (NEW) Rocky Vacca of Sullivan Mahoney Council, [1] Mr. Vacca is requesting to appear as a delegation to speak in regards to By-law 2023- 078 - A by-law to amend By-law No. 79-200, to regulate the McLeod Meadows plan of subdivision on the lands subject to the removal of a Holding (H) symbol (AM- 2023-007). [2] By-Law No. 2019-04, 12.7 states "Delegations and Appointments shall be limited to not more than five (5) minutes to address Council, unless otherwise determined by Council." [3] By-Law No. 2019-04 is systemically* violated by Council. [4] * relating to or noting a policy, practice, or set of beliefs that has been established as normative or customary throughout a political, social, or economic system. [5] Council has a duty to uphold By-Law No. 2019-04. [6] For public transparency and accountability, Council is requested to follow By-Law No. 2019-04, and "otherwise determine" should Mr. Vacca request to, and or, exceed the time limit. Page 284 of 457 2 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 285 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-03 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Item #8.1. F-2023-22 2022 Parking Fund Budget to Actual Variance (Unaudited) Council, [1] I approve of the following staff recommendation, and request council approve the following staff recommendation. a) That the Parking Fund Budget to Actual Variance report for the year ended December 31, 2022 BE RECEIVED [2] For public transparency, Council is requested to ask staff to clarify "Contracted Services", in that, just what contracted services are being referred to. Page 286 of 457 2 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights Page 287 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-05 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Item #8.2. F-2023-24 - 2023 Capital Project Closing Report (NEW) Council, The public is not being permitted to review this report in a timely manor. Screenshot of attempt to read report Sunday 13th 9:30 PM. This may result in a complaint to the Ombudsman's Office from a public member. For public transparency, Council is requested to ask staff to clarify why this happened and what is being done to prevent it from happening again, it has occurred several times now. Page 288 of 457 2 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 289 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-06 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Item #8.3. F-2023-25 2022 Development Charges Treasurer's Statement Council, [1] I approve of the following staff recommendation, and request council approve the following staff recommendation. a) That Council receive this report and attachment for information. [2] For public transparency, Council is requested to ask staff to clarify "EXPENDITURES Debt Charges re", in that, are these figures ($2,295,764) yearly interest payments to finance loans for capital expenditures, and for how many years are they projected to continue to draw on city resources. [3] That staff reveal the principle and total projected interest paid over the lifetime of the loans so we the public, can realize the total cost taxpayers have financed these expenditures. [4] That staff reveal if the DC reserve fund is subject to minimum mandatory expenditure within a given year, and if these requirements have been meet. Page 290 of 457 2 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 291 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-08 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Item #8.4. F-2023-26 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 Council, [1] I approve of the following staff recommendation, and request council approve the following staff recommendation. a) That Council approve the cancellation, reduction or refund of taxes on the various accounts per the attached summary and granted to the property owners listed. [2] For public transparency, Council is requested to ask staff to clarify if 7150 Montrose Rd., is the former YMCA building. Page 292 of 457 2 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 293 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-09 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Item #8.5. PBD-2023-51 AM-2023-002 Minor Change to Zoning By-law Application Grand Niagara Draft Plan of Subdivision 8218, 8228, and 8547 Grassy Brook Road Applicant: Empire (Grand Niagara) Project GP Inc. Agent: Armstrong Planning I Project Management Council, [1] I approve of the following staff recommendation, and request council approve the following staff recommendation. a) That subject to subsection 34(17) of the Planning Act, Council pass a resolution to deem the change to the proposed Zoning By-law amendment to be minor in nature and that no further notice is necessary. b) That Council approve the change to the proposed Zoning By-law amendment as detailed in this report and pass the implementing zoning by-law. [2] For public transparency, subsection 34(17) of the Planning Act states; Further notice (17) Where a change is made in a proposed by-law after the holding of the public meeting mentioned in subclause (12) (a) (ii), the council shall determine whether any further notice is to be given in respect of the proposed by-law and the determination of the council as to the giving of further notice is final and not subject to review in any court irrespective of the extent of the change made in the proposed by-law. R.S.O. 1990, c. P.13, s. 34 (17); 2006, c. 23, s. 15 (9). Page 294 of 457 2 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 295 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-10 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Item #8.6. PBD-2023-52 AM-2021-010 Official Plan and Zoning By-law Amendment Minor Change to Proposed Zoning By-law Applicant: 2683421 Ontario Limited Agent: Zelinka Priamo Ltd. (Rob McFarlane) Council, [1] I approve of the following staff recommendation, and request council approve the following staff recommendation. a) That subject to subsection 34(17) of the Planning Act, Council pass a resolution to deem the revision to the Zoning By-law amendment application to be minor in nature and that no further notice is necessary. b) That Council approve the revision to the Zoning By-law amendment as detailed in the report. [2] For public transparency, subsection 34(17) of the Planning Act states; Further notice (17) Where a change is made in a proposed by-law after the holding of the public meeting mentioned in subclause (12) (a) (ii), the council shall determine whether any further notice is to be given in respect of the proposed by-law and the determination of the council as to the giving of further notice is final and not subject to review in any court irrespective of the extent of the change made in the proposed by-law. R.S.O. 1990, c. P.13, s. 34 (17); 2006, c. 23, s. 15 (9). Page 296 of 457 2 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 297 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-12 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Item #9.2, 9.4, 9.5, 9.6, 9.7. MW-2023-24 Parking Control Review - Victoria Avenue, Morrison Street, and Simcoe Street MW-2023-26 Proposed Community Safety Zones PBD-2023-49 Matters Arising from the Municipal Heritage Committee Proposed Exterior restoration of the VIA Station, 4267 Bridge Street and Proposed exterior restoration of the former Carnegie Library 5017 Victoria Avenue PBD-2023-50 Matters Arising from the Municipal Heritage Committee Removal of 6270 Dunn Street from the Municipal Register of Heritage Properties R&C-2023-11 2023 Sports Wall of Fame Inductees Council, [1] I approve of the staff recommendations, and request council approve staff recommendations. Page 298 of 457 2 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 299 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-11 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Item #8.2. F-2023-16 - 2021 (unaudited) Budget to Actual Variance Report - Tax Levy Supported Operating Fund (NEW) Council, The public is not being permitted to review this report in a timely manor. Screenshot of attempt to read report Sunday 13th 11:30 PM. This may result in a complaint to the Ombudsman's Office from a public member. For public transparency, Council is requested to ask staff to clarify why this happened and what is being done to prevent it from happening again, it has occurred several times now. Page 300 of 457 2 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 301 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-12 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Item #9.3. MW-2023-25 Extension and New Contract Agreement with the Canadian Corp of Commissionaires for Parking Enforcement Services Council, [1] I approve of the following staff recommendation, and request council approve the following staff recommendation. a) That Council approve an extension of the Canadian Corp of Commissionaires current contract from October 1, 2023 to December 31, 2023 under the same terms and conditions as previously approved. b) That Council approve a single source procurement in accordance with By-Law No. 2021-04, Section 18 Single and Sole Purchases with the Canadian Corp of Commissionaires for the provision of Parking Control Officers. c) That Council provide delegated authority to the Chief Administrative Officer and the General Manager of Municipal Works to negotiate new terms and conditions and execute a new contract with the Canadian Corp of Commissionaires for a term of five (5) years from January 1, 2024 to December 31, 2028 with an option to renew the contract for five (5) additional one (1) year term. [2] For public transparency, Council is requested to ask staff to clarify if Canadian Corp of Commissionaires, employ Niagara Falls residents to perform these tasks. [3] Further, negotiated new terms and conditions should require employment of Niagara Falls residents. Page 302 of 457 2 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 303 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-13 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Item #10.1 - 10.7. Council, [1] I approve of the staff recommendations, and request council approve staff recommendations. [2] Furthermore, it does not reflect well upon the credibility of the Clerks Department if they continue to make clerical errors. [3] It may be expected from a public member to make such mistakes but not a city clerk department. Page 304 of 457 2 Page 305 of 457 3 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 306 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-14 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Item #11.1 - 10.15. Council, [1] I approve of the staff recommendations, and request council approve staff recommendations. [2] Furthermore, it does not reflect well upon the credibility of the Clerks Department if they continue to make clerical errors. [3] It may be expected from a public member to make such mistakes but not a city clerk department. Page 307 of 457 2 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 308 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-16 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Item #16.1. NOTICE OF MOTION - Amendment to Firework By-law (NEW) Council, [1] With the current information available, I am opposed to this motion. [2] First and foremost, the wording of the Niagara Falls By-Law already allows the outcome of the amendments Councillor Patel seeks. [3] 5.4 No person shall Sell Consumer Fireworks except during the annual period commencing on May 1st and ending on July 6th, or on such other dates as authorized by the Fire Chief. [4] 6.1 No person shall Discharge Consumer Fireworks except on 6.1.7 as permitted by the Fire Chief. [5] She has provided two municipal references as her sole support, thereby inviting the line of reasoning that the other 444 municipal policies need to be referenced in any reports created by staff. [6] This reasoning of, they (both) said, we should say, is a weak form of governance. [7] On the scale of what is occurring all around us, homelessness, multi-year double digit tax increases, etc., this reminds me of the waste of public resources that was requested of city staff by former Councillor Chris Dabrowski's motion to replace the Chippawa sign. [8] Furthermore, to specifically include only two alternative holidays prejudices others. Page 309 of 457 2 Page 310 of 457 3 [9] Councillor Patel's motion feels of an ulterior agenda other than to just recognize two specific holidays events, if she is stating an opinion concerning a racial or religious service deficiency of the residents of this city, then she better well state that. [10] Councillor Patel may want to make an inquiry with the Integrity Commissioner before she proceeds any further. Page 311 of 457 4 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 312 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-04 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting. Former Downtown BIA Council, [1] For public transparency, Council is requested to ask staff to clarify to the former members of the Downtown BIA, in that, just as the Fallsview BIA failed to submit a budget within the deadline, resulting in it's members not being charged a levy for the remainder of 2023, that also the same is such, in that, the failure of council to present a "budget" of the Downtown BIA, that the former members of the Downtown BIA will also not be subject to a levy for the remainder of 2023. [2] It would be a courtesy of council to provide this clarity to the former members of the Downtown BIA. Page 313 of 457 2 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 314 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-17 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda City of Niagara Falls Affordable Housing updated Report Council, Every day, Council Members (as of the beginning of your term, 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, 272 days Council Members, 272 failures ... Page 315 of 457 2 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 316 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-21 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Mayor Diodati and Councilor Strange comments concerning 15,000 students updated Report Council, [1] 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. [2] 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. [3] As only time can verify if these statements were true or false, a report will be made to council at each meeting to update the progress of the claim. [4] It has been 244 days since Mayor Diodati and Councilor Strange claimed 15,000 students and faculty were going to be living and working in the downtown. [5] The claim remains false. [6] The current occupancy, as researched, is 0. Page 317 of 457 2 Page 318 of 457 3 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 319 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #08-15-2023-19 Tuesday, August 15, 2023 Comment for the 08/15/2023 Council Meeting Agenda Mayor Diodati comments concerning Development Downtown updated Report Council, [1] On December 31, 2021, a Niagara Falls Review news article was published, with Mayor Jim Diodati stating: [2] "You’re going to start to see high-rises, residential apartments, and condos being built in our downtown." "You're going to start to see cranes in downtown." [3] "That’s what’s missing downtown." "You need people to live there, then you’ll need a grocery store for people to buy their food there." [4] 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. [5] As only time can verify if these statements were true or false, a report will be made to council at each meeting to update the progress of the claim. [6] It has been 1 year and 226 days since Mayor Diodati made that claim, and it remains false. [7] There are currently no high-rises, residential apartments, condos, cranes, or grocery stores being built in our downtown. [8] News article link [9] (https://www.niagarafallsreview.ca/news/council/2021/12/31/announcement-for- falls-downtown-university-could-come-this-spring-diodati.html) Page 320 of 457 2 Page 321 of 457 3 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 322 of 457 1 The Niagara Falls Shadow Council A registered Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #03-08-2023-01A2 Thursday, August 15, 2023 Petition Policy Contraventions amended Comment for the 08/15/2023 City Council Meeting Agenda. City Council, [1] You have explicit information concerning the Clerks Department contraventions of the Petitions addressed to City Council policy. [2] During the August 15th 2023 meeting, you are requested to resolve the matter by confirming restoration of procedure (7) concerning (my) petition submissions. [3] You are further requested to restore (my) the unprejudiced practice of comment submissions, in that they are placed under the related agenda item and are to include the identity of the author. [4] Failure to do so may be viewed as another separate contravention(s) of the Code of Conduct, and appropriate city and regional actions will be taken. [5] I understand that in doing so, it may facilitate guilt to the alleged contraventions of the Code of Conduct complaints filed concerning the events of the July 11th 2023 meeting but, those events can not be altered. [6] The council still has time to orientate itself and follow the correct path during the August 15th meeting. [7] Council, needs to acknowledge that, the following policies are to be applied concurrently. [8] That there is no conflict between the two, and that the clerk's department is in error for not interpreting such. [9] By-Law No. 2019-04 Every item of correspondence, petition, report and other written material intended to be presented to Council shall be legibly written or printed and shall be signed by at least one Page 323 of 457 2 (1) person. The Clerk may submit such written communication to Council in summary form. [10] Petitions addressed to City Council (7) Petitions that relate to a matter listed on the Council agenda will appear as additional correspondence listed under the related agenda item. At that time any petitions may be read into the record by stating the purpose of the petition and indicating how many ‘relevant’ individuals have signed. “Relevant’ meaning; those who have listed both their name and local address to the petition. the failure of the clerks department to concurrently apply. [11] There is no reasoning to conclude that it is not proper procedure that both policies be complied with, and in doing so, subsequently results in (petitions) written communication to Council may be submitted in summary form and will appear as additional correspondence listed under the related agenda item. [12] It would be (transparency and courtesy) best practice, to also ensure that comment submissions will be listed under the related agenda item as additional correspondence, as well as to include the identity of the author, and to do so without prejudice. Page 324 of 457 3 Joedy Burdett President of the Niagara Falls Shadow Council Former 2022 Candidate for The Niagara Falls City Council election. Ontario Independent Designer (BCIN 38837) Building Services, Plumbing-All Buildings, Small Buildings Owner Niagara Tinting 4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7 (905) 353 8468 Niagara Falls Shadow Council.ca (TNFSC.ca) The Niagara Falls Shadow Council is a registered Independent Social Counseling organization (BIN 1000515774). The Niagara Falls Shadow Council is not associated with The City of Niagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 325 of 457 1 Heather Ruzylo To:Bill Matson Subject:RE: Noise Variance - August 16 and 18 - August 15 Council Agenda August 16th Mighty Niagara Film Festival: Niagara Falls & To Play a Daredevil’s Advocate This event is two films shown in Coronation Park. It will be free for the public to attend and the noise created from such a screening will be from the film audio file. This is a free screening and family friendly event that will run approximately until 10pm. More details can be found on the website at https://nac.org/event/niagara-falls-w-to-play-a-daredevils-advocate/ Niagara Falls USA, Canada, 2023. PBS. 53 min. NR PBS NATURE SERIES ON THE BIG SCREEN! Niagara Falls Embark on a journey to Niagara Falls and witness its stunning beauty and a wide variety of wildlife—mammals, birds, and reptiles— that call it home. Through the eyes of passionate scientists, uncover a complex world forged by stone and powered by water. This FREE screening presentation is provided with courtesy of Nature, PBS and The WNET Group. Don’t forget to bring a lawn chair or blanket! To Play a Daredevil’s Advocate Canada, 2022. Directed by Jordyn Stewart. 6 min. NR “To Play a Daredevil’s Advocate” is a captivating 6-minute video performance where the artist flips through a photo album, engaging the viewer through documentary-style narration. The collection of 24 photographs unveils the rich history of daredevil culture and tourism surrounding Niagara Falls since the 1820s, with a particular emphasis on Annie Edson Taylor, the first person to successfully survive going over the Falls in a barrel. Whereas The Might Niagara Film Festival is an annual event put on by the Niagara Artist Company with an event sponsored by the City of Niagara Falls Culture Section on August 16, 2023 and Whereas the event will be held at Coronation Park (5775 Hanan Ave.) Whereas the event is expected to attract 50-100 audience members from across Southern Ontario and Western New York Whereas this event will support and promote the artistic talents of residents of Niagara Falls and the Niagara Region and Therefore be it resolved that Niagara Falls City Council grants the Niagara Artist Centre relief to the City’s Noise By-law to allow entertainment until 11:00 pm Page 326 of 457 2 August 18th Mighty Niagara Film Festival: Showdown in Silvertown Trikes ATV Park, 4620 Buttery Street The Sadies perform live to short films remixed from classic spaghetti westerns by Niagara filmmakers The Sadies are gravel travellers, tearing down every concession from hell to Huronia and back again. The dust that kicks up in their wake is out of time, calling back to when Christ was a pimpled teen tuning a radio to Carl Perkins’ picking, Charlie Feathers’ creeping, and Earl Hookers’ sweat and toil. The dust won’t ever settle, it just grinds against your teeth as you watch the sun set through it. In the flash of saloon doors swinging, all the fantasies of the West — the gunslinger’s righteous slaying, the whores happy whoring, that pack of lies taller than the false front facades in those long gone boomtowns — will be made plain in notes as clear as a kestrel’s call bursting out of a Gretsch guitar. The Sadies perform songs from their ‘Western Canon’ (those epic high noon instrumentals) live in the wilds of Silvertown to accompany short films chopped, braided and crafted from classic Spaghetti Westerns by Niagara filmmakers. The West wasn’t ever. It’ll never be the same. This is a ticketed event with more details available at https://nac.org/event/showdown-in-silvertown-the-sadies/ Whereas The Might Niagara Film Festival is an annual event put on by the Niagara Artist Company with an event sponsored by the City of Niagara Falls Culture Section on August 18, 2023 and Whereas the event will be held at Trikes ATV Park (4620 Buttery Street) Whereas the event is expected to attract 50-100 audience members from across Southern Ontario and Western New York Whereas this event will support and promote the artistic talents of residents of Niagara Falls and the Niagara Region and Therefore be it resolved that Niagara Falls City Council grants the Niagara Artist Centre relief to the City’s Noise By-law to allow entertainment until 11:59PM Thanks Clark Clark Bernat | Senior Manager of Culture | Recreation & Culture | City of Niagara Falls 5810 Ferry Street | Niagara Falls, ON L2G 1S9 | (905) 356-7521 ext 5906 | Fax 905-358-0920 | cbernat@niagarafalls.ca Follow the Museums, Culture & Farmers’ Market on social media And sign up for our newsletters at https://niagarafalls.ca/newsletters/default.aspx Page 327 of 457 3 We value and respect flexible work arrangements. Although I have sent this at a time that is convenient for me, it is not my expectation that you read, respond or follow up on this email outside of your work hours. Page 328 of 457 1 Heather Ruzylo To:Bill Matson Subject:RE: Noise Variance - August 16 and 18 - August 15 Council Agenda August 16th Mighty Niagara Film Festival: Niagara Falls & To Play a Daredevil’s Advocate This event is two films shown in Coronation Park. It will be free for the public to attend and the noise created from such a screening will be from the film audio file. This is a free screening and family friendly event that will run approximately until 10pm. More details can be found on the website at https://nac.org/event/niagara-falls-w-to-play-a-daredevils-advocate/ Niagara Falls USA, Canada, 2023. PBS. 53 min. NR PBS NATURE SERIES ON THE BIG SCREEN! Niagara Falls Embark on a journey to Niagara Falls and witness its stunning beauty and a wide variety of wildlife—mammals, birds, and reptiles— that call it home. Through the eyes of passionate scientists, uncover a complex world forged by stone and powered by water. This FREE screening presentation is provided with courtesy of Nature, PBS and The WNET Group. Don’t forget to bring a lawn chair or blanket! To Play a Daredevil’s Advocate Canada, 2022. Directed by Jordyn Stewart. 6 min. NR “To Play a Daredevil’s Advocate” is a captivating 6-minute video performance where the artist flips through a photo album, engaging the viewer through documentary-style narration. The collection of 24 photographs unveils the rich history of daredevil culture and tourism surrounding Niagara Falls since the 1820s, with a particular emphasis on Annie Edson Taylor, the first person to successfully survive going over the Falls in a barrel. Whereas The Might Niagara Film Festival is an annual event put on by the Niagara Artist Company with an event sponsored by the City of Niagara Falls Culture Section on August 16, 2023 and Whereas the event will be held at Coronation Park (5775 Hanan Ave.) Whereas the event is expected to attract 50-100 audience members from across Southern Ontario and Western New York Whereas this event will support and promote the artistic talents of residents of Niagara Falls and the Niagara Region and Therefore be it resolved that Niagara Falls City Council grants the Niagara Artist Centre relief to the City’s Noise By-law to allow entertainment until 11:00 pm Page 329 of 457 2 August 18th Mighty Niagara Film Festival: Showdown in Silvertown Trikes ATV Park, 4620 Buttery Street The Sadies perform live to short films remixed from classic spaghetti westerns by Niagara filmmakers The Sadies are gravel travellers, tearing down every concession from hell to Huronia and back again. The dust that kicks up in their wake is out of time, calling back to when Christ was a pimpled teen tuning a radio to Carl Perkins’ picking, Charlie Feathers’ creeping, and Earl Hookers’ sweat and toil. The dust won’t ever settle, it just grinds against your teeth as you watch the sun set through it. In the flash of saloon doors swinging, all the fantasies of the West — the gunslinger’s righteous slaying, the whores happy whoring, that pack of lies taller than the false front facades in those long gone boomtowns — will be made plain in notes as clear as a kestrel’s call bursting out of a Gretsch guitar. The Sadies perform songs from their ‘Western Canon’ (those epic high noon instrumentals) live in the wilds of Silvertown to accompany short films chopped, braided and crafted from classic Spaghetti Westerns by Niagara filmmakers. The West wasn’t ever. It’ll never be the same. This is a ticketed event with more details available at https://nac.org/event/showdown-in-silvertown-the-sadies/ Whereas The Might Niagara Film Festival is an annual event put on by the Niagara Artist Company with an event sponsored by the City of Niagara Falls Culture Section on August 18, 2023 and Whereas the event will be held at Trikes ATV Park (4620 Buttery Street) Whereas the event is expected to attract 50-100 audience members from across Southern Ontario and Western New York Whereas this event will support and promote the artistic talents of residents of Niagara Falls and the Niagara Region and Therefore be it resolved that Niagara Falls City Council grants the Niagara Artist Centre relief to the City’s Noise By-law to allow entertainment until 11:59PM Thanks Clark Clark Bernat | Senior Manager of Culture | Recreation & Culture | City of Niagara Falls 5810 Ferry Street | Niagara Falls, ON L2G 1S9 | (905) 356-7521 ext 5906 | Fax 905-358-0920 | cbernat@niagarafalls.ca Follow the Museums, Culture & Farmers’ Market on social media And sign up for our newsletters at https://niagarafalls.ca/newsletters/default.aspx Page 330 of 457 3 We value and respect flexible work arrangements. Although I have sent this at a time that is convenient for me, it is not my expectation that you read, respond or follow up on this email outside of your work hours. Page 331 of 457 Niagara United Soccer Club 6775 Kalar Road Niagara Falls, Ontario, L2H 2T3 Phone: 905-358-3632 E-Mail: admin@niagaraunitedsoccer.ca Web: www.niagaraunitedsoccer.ca Dear City Council, Niagara United is celebrating our 50th Anniversary on Saturday, August 19th from 11:00am – 2:00pm at Kalar Sports Park. We will be hosting a ceremony, providing complimentary food and drinks and planning fun games and giveaways. We kindly ask that the City waive the by-law and allow us to have a food truck at our event. Thank you, Niagara United Club President Vince Chieca Page 332 of 457 2012 First Street Louth St. Catharines, ON L2S 3V9 | 1-833-NRT-LINE (1-833-678-5463)| nrtransit.ca 1 July 28, 2023 SENT BY EMAIL Mayor Jim Diodati and Council City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls, ON L2E 6X5 Throughout the Municipal Transfer Agreement process and in discussions locally at City Council leading up to the transit amalgamation effective January 1, 2023, the WEGO system and visitor transportation services delivered by the City of Niagara Falls (CNF) and the Niagara Parks Commission were excluded from the transfer of authority for regional transit to the new Niagara Transit Commission (NTC). The CNF entered into a sub-agreement with the NTC to contractually deliver red and blue line services of the WEGO system (including local service hours incorporated) up to the expiry date of August 12, 2024 (which aligns with CNF’s existing extension service agreement with the Niagara Parks Commission). It is our understanding that neither the CNF nor the Niagara Parks Commission has exercised their option to extend this agreement past the expiry by the required date of June 30, 2023. As you are aware, as a practical matter, the WEGO system has to date since 2012 been delivered by CNF and now NTC in 2023 in a mingled fashion where local transit is provided onboard the WEGO Visitor Transportation System to reduce duplication of transit services in the tourism core and along Lundy’s Lane. These local transit services will remain as both an expectation and a need by the transit public and business community in Niagara Falls, regardless of the status of the visitor transportation system. The routes are a trunk level of service to most local transit routes and are integral to businesses that are currently served by those routes. The NTC wishes to work collaboratively with the City to review local service route levels so as to avoid negatively impacting the existing transit service in Niagara Falls, in consultation with business and tourism proprietors as appropriate. At this time there have been insufficient fleet assets transferred to the NTC by the City to assume this level of service in the community as a part of regional transit in 2024. The transfer of the remainder of the 12-year-old WEGO fleet in the City’s ownership to NTC is required if the current level of local service is to continue past the expiry date of the WEGO Service Agreement(s). The NTC will commit to ensuring its capital planning incorporates this increase in Niagara Falls service and fleet requirements going forward. At the Niagara Transit Commission Board meeting of July 18, 2023, the Board passed the following in Report NTC 9-2023, a copy of which is attached for your information: Page 333 of 457 2012 First Street Louth St. Catharines, ON L2S 3V9 | 1-833-NRT-LINE (1-833-678-5463)| nrtransit.ca 2 Recommendations: 1. The Niagara Transit Commission EXERCISE its “right of first refusal” to acquire the remaining City of Niagara Falls fleet assets delivering WEGO Visitor Transportation Service (VTS) in the City of Niagara Falls but REQUEST the transfer of same be at no cost to the Niagara Transit Commission to support the sustainability of local public transit services in Niagara Falls. 2. The Niagara Transit Commission DIRECT staff to bring forward a service plan for City of Niagara Falls local transit service to be reflected in the 2024 NTC Operating Budget, which could be required to replace the existing combined WEGO VTS and local transit service routes when the existing WEGO Service Agreement between the parties expires on August 12, 2024. We would be happy to meet with you to discuss the above. From a timing perspective, in order to ensure that the time required to set service planning in place is sufficient and to budget for same, the NTC requests that the CNF advise the NTC of their response to the requests above by September 30, 2023. The NTC looks forward to working with City Staff, Council and local stakeholders to assume this level of local and community service and to continue to deliver excellence in transit to Niagara Falls. Sincerely, Mat Siscoe Carla Stout, DPA Chair General Manager Niagara Transit Commission Niagara Transit Commission Encl: NTC 9-2023 WEGO Visitor Transportation and City Service – Planning for 2024 c.c. Jason Burgess, CAO, City of Niagara Falls James Dowling, Manager of Capital Accounting, City of Niagara Falls Niagara Transit Commission Board Members Page 334 of 457 NTC 9-2023 July 18, 2023 Page 1 Subject: WEGO Visitor Transportation Service & City Service - Planning for 2024 Report to: Niagara Transit Commission Board Report date: Tuesday, July 18, 2023 Recommendations 1. The Niagara Transit Commission EXERCISE its “right of first refusal” to acquire the remaining City of Niagara Falls fleet assets delivering WEGO Visitor Transportation Service (VTS) in the City of Niagara Falls but REQUEST the transfer of same be at no cost to the Niagara Transit Commission to support the sustainability of local public transit services in Niagara Falls. 2. The Niagara Transit Commission DIRECT staff to bring forward a service plan for City of Niagara Falls local transit service to be reflected in the 2024 NTC Operating Budget, which could be required to replace the existing combined WEGO VTS and local transit service routes when the existing WEGO Service Agreement between the parties expires on August 12, 2024. Key Facts The WEGO Visitor Transportation System (VTS) service and assets were deliberately excluded from the consolidation of regional transit, including the Municipal Transfer Agreement (MTA) arrangements between the Niagara Transit Commission (NTC) and the City of Niagara Falls (CNF), by reason of the fact that it is by majority a distinct tourism-focused transportation service operated by CNF in partnership with the Niagara Parks Commission (NPC). The NTC currently supports the delivery of the WEGO Visitor Transportation System (VTS) service in and to the CNF per a contract agreement (“the WEGO agreement”) by supplying operators for and maintaining the City’s WEGO fleet that will expire on August 12, 2024. The CNF’s WEGO visitor-centric service routes (Red line and the Blue line routes) also provide local public transit and a link for workers in the tourism core. The CNF mixed both the VTS and City services in 2014. The original partners (CNF and NPC) in the delivery of the WEGO VTS system have indicated they may no longer wish to invest in or deliver the CNF’s VTS level of service past the agreement date. This option available to both parties creates a key reduction in local service and in the tourism core(s). 25 Page 335 of 457 NTC 9-2023 July 18, 2023 Page 2 Local service will still be required along the Red line (Lundy’s Lane) as it is the integral route linking the entirety of the local transit network of the CNF for local ridership. Tourism core service is primarily provided by the Blue line and should be reviewed as well for insertion as a local route. As the transfer of WEGO fleet assets that are currently being used to deliver this service was excluded from the MTA, staff have identified the need for the remainder of the City’s WEGO fleet (12 buses) to now transfer to the NTC as of August 13, 2024, based on the need to continue to provide service levels along the Lundy’s Lane and in the tourism core. The level of local service to be provided as of August 13, 2024 will need to be based on ridership, local need for connections as well as extensive feedback from stakeholders and the CNF as this will impact the 2024 levy to taxpayers in the MTA user-pay model for service hours. Financial Considerations Service In the 2023 NTC Operating Budget as approved, the CNF identified and was levied directly for 125,048 local transit service hours (including 9,612 local service hours mingled onto the WEGO VTS service Red line route) at a cost of $9M. An additional allocation for intermunicipal service of $3.51M plus one-time 2023 special levy costs related to amalgamation of $2.48M reflect a total cost to the CNF of $14.99M for 2023. Separately, the NTC entered the WEGO agreement to deliver WEGO VTS service effective January 1, 2023. The CNF will remit $2.1M for visitor-dedicated transportation services only in 2023 pursuant to the WEGO agreement. Any service hours applied to the local service within Niagara Falls would be included in the CNF’s costs for their local transit service hours at 100% cost-recovery in the NTC’s 2024 operating budgets. Fleet Pursuant to the WEGO agreement, the NTC leased 16 of the City’s WEGO buses effective January 1, 2023 to deliver the WEGO service utilizing NTC operators and to maintain the fleet. In June 2023 the CNF, NPC and NTC staff met to discuss the requested transfer of ownership of four of the 16 buses in the City’s fleet to the NPC. The NTC has ‘first right of refusal’ on this fleet under the WEGO agreement to be exercised by July 31, 2023. 26 Page 336 of 457 NTC 9-2023 July 18, 2023 Page 3 The WEGO agreement contemplates the transfer of the entire fleet to the NTC at fair market value as determined by an independent appraiser. The parties all supported the proposed transfer of four buses to NPC to allow the NPC to use the four buses to assume the GO Train connection portion of the WEGO VTS Green and Orange line route service providing connections for visitors at the VIA Rail station on Bridge Street. This left 12 remaining fleet assets for the Commission to deliver WEGO VTS and local service on the two Red and Blue line routes for the remainder of the WEGO Agreement. At that meeting NTC staff advised that there was no budget to support a recommendation for the Board to purchase the remaining fleet at fair market value pursuant to the “right of first refusal” in the WEGO agreement. The CNF has completed their appraisal of the fleet and has advised the twelve buses are valued in 2023 and in their current condition at approx. $30,000 per unit. It was identified in the correspondence that while 18M buses are more expensive to purchase and can be more valuable from a capacity perspective, there is a smaller market for resale, therefore the value is similar to 12M buses. If there is any discussion on the number of assets to be transferred to deliver service, NTC staff feel due to the age and condition of the buses now the entire fleet remaining should be turned over for use in local delivery as likely some assets will start to fail prior to replacement. An independent appraisal has been initiated by NTC, however the results have not yet been produced. The 12 remaining buses delivering WEGO VTS and local service on Lundy’s Lane and in the tourism core are 12 years old and are at the end of their life cycle. The CNF cancelled a tender for the $3.1M capital project in their 2022 budget to extend in some part the life and state of this fleet on February 6, 2023. To have the fleet required to meet the City’s anticipated service needs for local transit users (based on existing local and WEGO VTS service levels), staff is recommending that the entirety of the 12 buses remaining in the City’s ownership be transferred to the NTC effective August 13, 2024 at no cost. This would be a transfer based on the same principles as the one for the City fleet to the NTC effective January 1, 2023 through the MTA process; recognizing that the taxpayer has already paid for the acquisition of the public assets once; will continue to enjoy the use of them through the provision of regional transit service in the City and therefore should not effectively pay for the same assets a second time (by virtue of whatever amount the Region would pay to the City for the transfer that would ultimately be added to the levy). As these buses will now have to be captured in the NTC’s replacement timeline they do age the NTC’s fleet overall. To 27 Page 337 of 457 NTC 9-2023 July 18, 2023 Page 4 continue to utilize these older assets in regular service will require investment by the NTC until they can be sufficiently replaced by procurement, which will also alter the Commission’s 10-year capital forecast. The Board and Regional Council should expect capital requests from NTC staff in the future for replacements of this fleet to continue to meet local Niagara Falls service commitments. Existing ICIP (Investing in Canada Infrastructure Program) projects transferred by the CNF and the level of capital funding transferred for fleet repairs or renewal did not anticipate this lack of assets to deliver local service and/or this fleet’s condition and age. Analysis The CNF and the NPC have partnered in the delivery of the WEGO VTS system (all routes) since 2012. In establishing the service, the City received funding from upper levels of government to build the WEGO garage and administrative building on Heartland Forest Road in Niagara Falls and to purchase 27 buses. The fleet was leased out in part to the NPC (11 buses) and the City operated the remaining 16 buses. The City received funding from the NPC to operate the VTS Red, Purple and Blue line routes of their system and the NPC operated the Green and Orange line routes. After starting the system in 2012, to reduce redundancy between local and VTS services on Lundy’s Lane and in the tourism core, the City mixed both their VTS delivered Red and Blue routes and City services in 2014. Both partners are reviewing their interest in continuing to invest in or deliver the CNF’s level of service (Red and Blue line routes remaining) past the agreement date of August 12, 2024. The potential removal of this level of VTS service on the WEGO system creates a significant reduction in local service. When the NTC was created by the Region of Niagara, the Municipal Transfer Agreement (MTA) process uploaded both the existing local service commitments (as described in By-law 2022-38) and the assets required for delivery from all cities and communities providing public transit. Throughout the process the WEGO VTS service hours and that fleet were excluded from these transfer arrangements with the CNF. The CNF and NTC entered into a separate WEGO agreement effective January 1, 2023 to deliver the WEGO Visitor Transportation System (VTS) Red and Blue routes inclusive of the 9,612 local service hours which is due to expire on August 12, 2024. As a part of 28 Page 338 of 457 NTC 9-2023 July 18, 2023 Page 5 that agreement the City leased its WEGO fleet to the NTC to assume the operation and maintenance of 16 WEGO buses (five of 12M and eleven of 18M). The remaining 12 WEGO buses in the operation and maintenance of the NTC is four 12M (40-foot bus) and eight 18M (60-foot articulating bus) after the CNF transferred four assets to the NPC. Potential elimination of the WEGO VTS system in the City of Niagara Falls in mid-2024 with no replacement plan would negatively impact local public and visitor transit service given that as a practical matter its delivery has been combined with the WEGO VTS service. Local service is still required along Lundy’s Lane as the integral route linking the entirety of the transit network for local ridership and service is needed in the tourism core for the visiting public to Niagara Falls. The only service-level commitment in the MTA and Establishing Bylaw 2022-38 is the maintenance of existing service levels (defined as a minimum of the budgeted 2020 local service hours). There is no process identified for service enhancements formally laid out in the MTA or by-laws. Any local transit service hour increases would impact the City’s service hour commitment and budget for transit in 2024. The CNF would be consulted along with stakeholders on the level of local service to be provided as of August 13, 2024. The current standard for CNF service is 60 -minute headways with 30-minute peak service on local routing. The Lundy’s Lane and tourism core route(s) to be established will need to meet public and business community expectations and the ridership’s needs on these key routes in the network. Any labour implications arising from the service planning would be brought forward to the Board as part of a future (closed session) report. Further, as the transfer of assets to deliver WEGO VTS and local service was excluded in the MTA process, staff have identified the need for the remainder of the City’s WEGO fleet operating these lines to transfer to the NTC as of August 13, 2024. These assets will be required to deliver the service required to fill in where the WEGO VTS will be eliminated. Staff is recommending that the Board request the CNF transfer its assets based on the same principles that guided the transfer of CNF buses to the NTC as part of amalgamation (at no cost to the Commission) as they will continue to be utilized to provide transit services for the benefit of residents. 29 Page 339 of 457 NTC 9-2023 July 18, 2023 Page 6 Alternatives Reviewed The Board may direct staff to plan and budget to provide only the dedicated 9,612 hours of City transit service on Lundy’s Lane and to/from the tourism core as those service hours were already levied to the CNF in the 2023 budget. This would effectively represent a significant reduction in service on this integral route in the City’s network and to the tourism core given the fact that the WEGO and local service delivery was combined. This alternative is not recommended by Staff. The Board may direct staff to purchase the 12 remaining buses in the WEGO VTS fleet from the CNF at an appraised cost acquired by the CNF of approximately $360,000. Staff do not recommend this as (a) these assets have already been paid for by the taxpayer; and (b) there are significant repairs and likely failures of assets expected on this fleet due to its age and condition up to and including the timing of the NTC’s ability to replace them. Other Pertinent Reports PW 55-2021 Moving Transit Forward in Niagara – Creation of a Consolidated Transit Commission https://pub-niagararegion.escribemeetings.com/filestream.ashx?DocumentId=20206 By-law 2022-38 A By-law to Establish the Niagara Transit Commission as a Municipal Services Board https://www.niagararegion.ca/government/bylaws/pdf/by-law-2022-38.pdf ____________________________ Prepared and Submitted by: Carla Stout, DPA General Manager This report was prepared in consultation with Ed Zahra, Deputy General Manager Fleet and Facilities; Rob Addy, Deputy General Manager Operations; Tim Luey, Deputy General Manager Planning and Performance; Heather Talbot, Manager of Integration and Transportation; Brad Griffin, Manager of Strategy and Performance and reviewed by Anneli Thomson, Legal Counsel and Donna Gibbs, Director, Legal and Court Services. 30 Page 340 of 457 NTC 9-2023 July 18, 2023 Page 7 Appendices None 31 Page 341 of 457 The City of Niagara Falls, Ontario Resolution August 15, 2023 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act. WHEREAS s. 5.1 of the City’s Procedural By-law states that all regular meetings of Council shall be held according to the schedule to be set annually AND that in the event that a Special Meeting of Council is required, the Clerk shall provide all Members with notice of a Special Meeting at least forty-eight hours before such meeting. WHEREAS on November 21, 2023, Niagara Falls City Council will be holding a Special Closed Meeting as permitted under s. 239 (3.1) of the Municipal Act, namely; 1. A meeting of council may be closed to the public if the meeting is held for the purpose of educating or training the members. 2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council. THEREFORE BE IT RESOLVED that on November 21, 2023 Niagara Falls City Council will go into a closed meeting to consider matters that fall under section 239 (3.1) educational aspects related to the 2024 Budget Process. No decisions related to the budget will be made at this time but Council members will be permitted to ask questions of staff related to the upcoming budgets. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 342 of 457 The City of Niagara Falls, Ontario Resolution No. August 15, 2023 Moved by: Seconded by: WHEREAS a local municipality shall prepare and adopt a budget as per s. 290 of the Municipal Act, 2001. WHEREAS s. 5.1 of the City’s Procedural By-law states that all regular meetings of Council shall be held according to the schedule to be set annually AND that in the event that a Special Meeting of Council is required, the Clerk shall provide all Members with notice of a Special Meeting at least forty-eight hours before such meeting. WHEREAS on November 28, 2023 Niagara Falls City Council will be holding a Special Meeting to consider matters pertaining to the City’s Capital and Parking Budgets. THEREFORE BE IT RESOLVED that on November 28, 2023 at 3:00 p.m., Niagara Falls City Council will hold a Special Council Meeting. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 343 of 457 The City of Niagara Falls, Ontario Resolution Moved by: Seconded by: WHEREAS subsection 34(13) of the Planning Act, 1990 R.S.O requires written notice of the public meeting to be given to prescribed persons and public bodies, in the prescribed manner, and accompanied by the prescribed information; and WHEREAS notice was given to the prescribed persons and public bodies, in the prescribed manner on April 28th, 2023, for Council to hold a public meeting to consider an Official Plan and Zoning By-law application by 2683421 Ontario Limited for lands known as 8218, 8228, and 8547 Grassy Brook Road, legally known as Pt Lt 3 Con Broken Front Crowland As In Ro470830; S/T Aa68754 Pt Lts 3 & 4 Broken Front Con Crowland As In Ro548979 (Firstly); Except Pts 3 – 14 Incl. 59r12554; S/T Cr18048, Cr19077, Aa68179, Aa68755; Pt Lts 3 & 4 Broken Front Con Crowland Pts 3, 4, 5 & 6 59r12554; S/T Aa68179, Aa68755; Subject To An Easement In Gross Over Parts 3 & 6 Plan 59r13390 As In Sn704910 Pt Lt 3 Con Broken Front Crowland; Pt Lt 4 Con Broken Front Crowland, Pts 2, 5, 6 & 7 59r13238 Except Pts 1 & 5 59r13390, Closed By Bylaw Sn171595; S/T Easement Over Pt 6 59r13238 As In Aa68755; S/T Easement Over Pt 18 59r13390 As In Aa68755; S/T Easement In Gross Over Pts 17, 18 & 19 59r13390 As In Sn186407; Pt Lts 3 & 4 Broken Front Con Crowland Pts 7 -14 Incl 59r12554; S/T Cr18048, Cr19077, Aa68179, Ro647432 Pt Lt 3 Con Broken Front Crowland As In Ro685378; S/T Aa68752; City Of Niagara Falls Pin: 64262-0270 (Lt); Pt Lt 4 Broken Front Con Crowland Pts 15 – 21 Incl 59r12554 S/T Aa68047, Ro648013; Pt Lt 1 Con Broken Front Crowland; Pt Lt 2 Con Broken Front Crowland; As In Ro406733; S/T Aa83220, Aa83221, Aa83365 Pt Rdal Btn Lts 2 & 3 Con Broken Front Crowland Being Pt 1 On 59r 12158; Pt Lts 3 & 4 Broken Fron Con Crowland As In Ro756807 Except Pts 15 – 21 Incl. 59r12554; S/T Aa68047; City Of Niagara Falls , Pin: 64262-0271 (Lt); Pt Lt 4 Con Broken Front Crowland As In Ro150942; Niagara Falls; Subject To An Easement In Gross Over Part 20, 59r13390 As In Sn704909; Pt Lts 2, 3 & 4 Broken Front Con Crowland; Pt Rdal Btn Lts 2 & 3 Broken Front Con Crowland (As Closed By Bylaw Aa76417) Being Pts 1 & 2, 59r11568 Except Pts 1 & 2, 59r12554; S/T Ease Over Pt 2 59r11568 In Favour Of Pts 1, 2, 3 & 4 59r9648 Except Pts 1 & 2 59r11568 As In Lt211765; Pt Lts 2, 3 & 4 Broken Front Con Crowland; Pt Rdal Btn Lts 2 & 3, Broken Front Con Crowland Pts 1 & 2 59r12554; Niagara Falls; Subject To An Easement In Gross Over Parts 2 & 4 Plan 59r13390 As In S n704910; City Of Niagara Falls, Pin: 64262-0272 (Lt); And, Pt Lt 1 Con Broken Front Crowland; Pt 2 Con Broken Front Crowland As In Ro548979; S/T Aa83220; Niagara Falls , Pin: 64262- 0091 (Lt); and Page 344 of 457 WHEREAS since that time the applicant has requested amendments to reduce lot frontage, minimum front yard depth, and minimum interior side yard width for those lands zoned Residential 1F Density (R1F-1200) (for cottage style detached dwellings without garages); increase maximum lot coverage, reducing minimum landscaped open space and amenity area for back-to-back townhouse dwellings for those lands zoned Residential Apartment 5D Density (R5D-1203) (for back-to-back townhouse dwellings); and, increase the maximum height of building or structure for those lands zoned Residential Low Density, Group Multiple Dwelling (R4-1204 and R4-1205), and Residential Apartment 5E (R5E-1206), and General Commercial (GC-1207) (for stacked and back-to-back townhouse dwellings); and, increase maximum lot coverage and reduce minimum amenity area for back-to-back townhouse dwellings for those lands zoned R4-1205 and R5E-1206; and WHEREAS no changes are requested to the proposed by-law other than reducing lot frontage, minimum front yard depth, and minimum interior side yard width for those lands zoned Residential 1F Density (R1F-1200) (for cottage style detached dwellings without garages); increasing maximum lot coverage, reducing minimum landscaped open space and amenity area for back-to-back townhouse dwellings for those lands zoned Residential Apartment 5D Density (R5D-1203) (for back-to-back townhouse dwellings); and, increasing the maximum height of building or structure for those lands zoned Residential Low Density, Group Multiple Dwelling (R4-1204 and R4-1205), and Residential Apartment 5E (R5E-1206), and General Commercial (GC-1207) (for stacked and back- to-back townhouse dwellings); and, increasing maximum lot coverage and reducing minimum amenity area for back-to-back townhouse dwellings for those lands zoned R4- 1205 and R5E-1206; and WHEREAS Council held a public meeting on May 30, 2023 to consider a Zoning By-law amendment application by Empire (Grand Niagara) Project GP Inc. (“the applicant”) for lands municipally known as 8218, 8228, and 8547 Grassy Brook Road (“applicant’s other lands”); and WHEREAS notwithstanding the requirement for the written notice of a public meeting , subsection 34(17) of the Planning Act, 1990 R.S.O allows a municipality to deem such requested changes minor and determine that no further notice is required to be given and by passing a resolution; and WHEREAS the applicant requests Council consider passing a resolution that would deem the giving of further notice is final and that no further notice is required to be given; and WHEREAS Council determined that the proposed change to the by-law to include the reduced lot frontage, minimum front yard depth, and minimum interior side yard width for those lands zoned Residential 1F Density (R1F-1200) (for cottage style detached Page 345 of 457 dwellings without garages); increased maximum lot coverage, reducing minimum landscaped open space and amenity area for back-to-back townhouse dwellings for those lands zoned Residential Apartment 5D Density (R5D-1203) (for back-to-back townhouse dwellings); and, increased the maximum height of building or structure for those lands zoned Residential Low Density, Group Multiple Dwelling (R4-1204 and R4-1205), and Residential Apartment 5E (R5E-1206), and General Commercial (GC-1207) (for stacked and back-to-back townhouse dwellings); and, increased maximum lot coverage and reduce minimum amenity area for back-to-back townhouse dwellings for those lands zoned R4-1205 and R5E-1206 is minor and does not require further notice to be given. THEREFORE BE IT RESOLVED that subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the change in the zoning by-law minor and exempts the requirement for further written notice. AND The Seal of the Corporation be hereto affixed . ........................................................... ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 346 of 457 NOTICE OF MOTION Municipal Resolution in Support of Basic Income for the City of Niagara Falls WHEREAS, The City of Niagara Falls recognizes the social and economic challenges faced by its residents that have a detrimental impact on the determinants of health including income inequality, poverty, inadequate housing and precarious employment; WHEREAS, the City of Niagara Falls declared a State of Emergency on mental health, homelessness and addiction on June 21, 2022; WHEREAS, it is the responsibility of the City of Niagara Falls to strive for the well-being and prosperity of all its residents, which includes ensuring access to basic needs and opportunities to improve health; WHEREAS, through addressing poverty and improving access to healthcare, a Guaranteed Livable Basic Income can potentially reduce healthcare costs enabling people to afford preventive care and timely treatments while preventing more costly healthcare interventions, leading to better overall population health, WHEREAS, a Basic Income program was tested in Hamilton during the Ontario Basic Income Pilot project between 2017 and 2019 and more than 1,000 local residents reported positive outcomes including the alleviation of food and housing insecurity, improved physical and mental health, financial stability, social equity and greater connection to the labour market; WHEREAS, the Federal Budget Office upon reviewing the concept of a national Guaranteed Basic Income program determined it could, if properly set out, be a major economic driver to the Canadian economy; and WHEREAS, a Basic Income program can complement and enhance existing social support systems, ensuring a comprehensive and inclusive approach to addressing the needs of Niagara Falls residents including persons with disabilities, homelessness, mental health and addiction. THEREFORE, BE IT RESOLVED: (a) That the City of Niagara Falls supports the concept of a Guaranteed Livable Basic Income to combat poverty, income inequality, and economic insecurity within our community; and supports the continuing advocacy of the Basic Income Hamilton Working Group (under the auspices of the Hamilton Roundtable for Poverty Reduction) to share research and unique experiences of local residents who participated in the Ontario Basic Income Pilot project; Page 347 of 457 (b)That the City of Niagara Falls calls upon the provincial and federal governments to collaborate to implement a national Guaranteed Livable Basic Income program; (c)That Niagara Falls City Council directs the Office of the Mayor to write a letter to the Prime Minister, local Members of Parliament and the Senate, the Premier of Ontario, local Members of the Legislative Assembly of Ontario, calling on these orders of government to work collaboratively towards implementing a National Guaranteed Livable Basic Income to eradicate poverty and homelessness, and ensure everyone has sufficient income to meet their basic needs; and (d)That the City of Niagara Falls encourages other municipalities across the province and the country to join in advocating for a Guaranteed Livable Basic Income as a key policy tool in the fight against poverty and inequality and to this end, Hamilton City Council will advocate through its representatives at the Association of Municipalities of Ontario and the Canadian Federation of Municipalities for Guaranteed Livable Basic Income resolutions at meetings of those organizations. Page 348 of 457 The link below relates to the Notice of Motion on the Council Agenda of July 11, 2023 (Item #14.1). This is a reference for Councillor Lococo’s resolution regarding the request to support basic income for the City of Niagara Falls. https://www.google.com/search?q=hamilton+basic+income+resolution&rlz=1C1AKJH_enCA887CA887& oq=hamilton+basic+income+resolution&aqs=chrome..69i57j33i160l3.8143j1j15&sourceid=chrome&ie= UTF-8#fpstate=ive&vld=cid:e24780f5,vid:bH9nRkmczSI Page 349 of 457 In accordance with the notice and submission deadline requirements of Sections 17.1 of the City of Niagara Falls Procedural By-law, the City Clerk received from Councillor Patel a motion to be brought forward for consideration at the September 12, 2023, Council meeting, respecting amendments to By-law No. 2017-101 – Fireworks By-law. 1. That staff BE DIRECTED to amend By-law No. 2017-101 – Fireworks By-law; to include Diwali and Chinese Lunar New Year. 2. That staff INCLUDE amendments to sections 5.4 and 6.1, 3. AND THAT staff REVIEW similar by-laws from other municipalities. Page 350 of 457 CITY OF NIAGARA FALLS By-law No. 2017- 101 A by-law to regulate the sale and setting off of fireworks and pyrotechnic special effects within the City of Niagara Falls. WHEREAS Section 121 of the Municipal Act, S.O. 2001, c. 25, as amended, authorizes a municipality to pass by-laws to prohibit and regulate the sale of fireworks and the setting off of fireworks, including requirements that a permit be obtained from the municipality for the sale or setting off of such fireworks, and imposing conditions on such permits; AND WHEREAS Section 120 of the Municipal Act, S.O. 2001, c. 25, as amended, authorizes a municipality to pass by-laws to prohibit and regulate the storage, keeping and transportation of, explosives and other dangerous materials, including requirements that a permit be obtained from the municipality for the storage of explosives and imposing conditions on such permits; AND WHEREAS Section 7.1 of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, provides that the council of a municipality may pass by-laws regulating fire prevention, including the spreading of fires; AND WHEREAS the Council of the City of Niagara Falls deems it expedient and necessary for the safety and well-being of the community to prohibit and regulate the sale and use of fireworks and pyrotechnic special effects within the City of Niagara Falls; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Definitions 1. In this by-law: 1.1 “Act” means the Explosives Act, R.S.C., 1985, c. E-17, and the Regulations enacted thereunder, as amended from time to time, or any Act and Regulations enacted in substitution therefor; 1.2 “City” or “City of Niagara Falls” means the municipal Corporation of the City of Niagara Falls or the geographic area of the City of Niagara Falls as the context requires; 1.3 “Consumer Firework” means an outdoor, low hazard, recreational firework that is classed as an F.1 Consumer Fireworks under the Act and includes fireworks showers, fountains, golden rain, lawn lights, pin wheels, roman candles, volcanoes, and sparklers, but does not include Christmas crackers and caps for toy guns containing not in excess of 25 one-hundredths of a grain of explosive used per cap; Page 351 of 457 2 1.4 “Discharge” means to fire, ignite, explode or set off, or cause to be fired, ignited, exploded or set off, and the words "Discharged" and "Discharging" have a similar meaning; 1.5 “Display Firework” means an outdoor, high hazard, recreational firework that is classed as an F.2 Display Fireworks under the Act, and includes rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, bombardos, waterfalls, fountains, batteries, illumination, set pieces and pigeons, but does not include firecrackers; 1.6 “Display Supervisor” means a person who is qualified under the Act to supervise the Discharge of Display Fireworks; 1.7 “Fire Ban” means a prohibition on all burning, including the Discharge of fireworks, issued by the Fire Department of The Corporation of the City of Niagara Falls; 1.8 “Fire Chief” means a Fire Chief appointed under Subsection 6(1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, for The Corporation of the City of Niagara Falls, or designate; 1.9 “Firecracker” means a pyrotechnic device that explodes when ignited and does not make any subsequent display or visible effect after the explosion, and includes those devices commonly known as Chinese firecrackers, but does not include paper caps containing not more than 25 one-hundredths of a grain of explosive on average per cap, or devices for use with such caps, safety flares, marine rockets, and other distress signals; 1.10 “Fireworks” means Display Fireworks, Pyrotechnic Special Effects Fireworks, and Consumer Fireworks; 1.11 “Fireworks Display” means an exhibition of fireworks in an outdoor assembly or open air occupancy to which the public is invited, attends, may attend, or is admitted with or without a fee being charged and includes private functions such as weddings, or other celebrations; 1.12 “Flying Lantern” means a small hot air balloon or similar device made of treated paper or any other material, with an opening at the bottom, which is propelled by an open flame generated by a small candle or fuel cell, allowing the balloon or similar device to rise and float in the air; 1.13 “FPPA” means the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, and the regulations enacted thereunder, as amended from time to time, or any Act and Regulations enacted in substitution therefor; 1.14 “Permit” means a Consumer Fireworks Sales Permit and/or a Public Fireworks Display Permit issued by the Fire Chief of the Niagara Falls Fire Department; Page 352 of 457 3 1.15 “Prohibited Firework” includes, but is not limited to, cigarette loads or plugs, exploding matches, sparkling matches, ammunition for miniature tie clip, cufflink or key chain pistols, auto alarms or jokers, cherry bombs, M-80 and silver salutes and flashcrackers, throw down torpedoes and cracker balls, exploding golf balls, stink bombs and smoke bombs, tear gas pens and launchers, party peppers and table bombs, table rockets and bottle rockets, fake firecrackers, champagne party poppers, snap caps, sprite bombs, and other trick devices or practical jokes as included on the most recent list of Prohibited Fireworks as published from time to time under the Act; 1.16 “Pyrotechnician” means a person who is certified under the Act as a Theatrical User, an Assistant, a Pyrotechnician or a Special Effects Pyrotechnician and is qualified to purchase and supervise the display of Pyrotechnic Special Effect Fireworks under the Act; 1.17 “Pyrotechnic Special Effect Firework” means a high hazard firework that is classed as an F.3 Special Effect Pyrotechnics under the Act and that is used to produce a special pyrotechnic effect for indoor or outdoor performances and includes black powder bombs, bullet effect, flash powder, air bursts, smoke compositions, gerbs, lances and wheels; 1.18 “Sell” includes offer for sale, cause or permit to be sold and to possess for the purpose of sale, and the words "selling" and "sold" have a similar meaning; and 1.19 “Tent” means a portable shelter/structure made of cloth or other pliable material, supported by one or more poles which can be stretched tight by cords or loops, attached to pegs, driven into the ground or other measures sufficient to secure them. Delegation of Authority 2. The Municipal Council of the City of Niagara Falls hereby delegates the authority to the Fire Chief to issue and revoke a Fireworks Permit as set out herein. Sale of Prohibited Fireworks and Firecrackers 3. The following are the regulations governing the sale of Prohibited Fireworks and Firecrackers: 3.1 No person shall Sell Firecrackers. 3.2 No person shall Sell Prohibited Fireworks. Discharge of Prohibited Fireworks and Firecrackers 4. The following are the regulations governing the Discharge of Prohibited Fireworks and Firecrackers: Page 353 of 457 4 4.1 No person shall Discharge Firecrackers. 4.2 No person shall Discharge Prohibited Fireworks. 4.3 No person shall Discharge a Flying Lantern. Sale of Consumer Fireworks 5. The following are the regulations governing the sale of Consumer Fireworks: 5.1 No person shall Sell Consumer Fireworks unless a Consumer Fireworks Sales Permit has been obtained from the Fire Chief in accordance with this by-law. 5.2 A person applying for a Consumer Fireworks Sales Permit shall pay the prescribed application fee pursuant to the Schedule of Fees By-law of the City. 5.3 Persons wishing to Sell Consumer Fireworks, at a location or on property that is not owned by the seller, shall obtain written consent from the property owner prior to the issuance of a Consumer Fireworks Sales Permit. Written consent shall be submitted to the Fire Chief with the Consumer Fireworks Sales Permit application. 5.4 No person shall Sell Consumer Fireworks except during the annual period commencing on May 1st and ending on July 6th, or on such other dates as authorized by the Fire Chief. 5.5 A Consumer Fireworks Sales Permit shall be valid only for the permitted dates, specified in Section 5.4, for the calendar year. 5.6 A Consumer Fireworks Sales Permit is valid only for the sale location specified in that Permit. 5.7 No person shall Sell Consumer Fireworks from a motor vehicle, uncovered trailer, or residential dwelling. 5.8 No person shall Sell Consumer Fireworks to persons under the age of 18. 5.9 A person shall only Sell Fireworks that are included on the most recent List of Authorized Explosives as published by the Explosives Branch of Natural Resources Canada or its successor. 5.10 No person shall transport Consumer Fireworks except as permitted under the Act. 5.11 No person shall exhibit or display Consumer Fireworks unless: Page 354 of 457 5 5.11.1 the Fireworks are separated into individual lots that do not exceed 25 kilograms in gross weight; and 5.11.2 such separation between lots is sufficient to prevent fire from spreading rapidly from one lot to the next by a fire break which may consist of: 5.11.2(1) maintaining a minimum aisle width of 1.2 metres between lots; 5.11.2(2) 6 mm plywood partition that extends 15 cm above the height of the lot or display shelf above; or 5.11.2(3) any other method approved by the Fire Chief. 5.12 No person shall store Consumer Fireworks in areas that are not designated and approved. 5.13 No person shall display Consumer Fireworks that are not in consumer packs unless: 5.13.1 the Fireworks are inaccessible to the public; and 5.13.2 the Fireworks are displayed in a glass or plexiglass case, or other approved means. 5.14 No person, other than the seller, shall handle Fireworks that are not in consumer packs, until after the time of purchase. 5.15 No person shall exhibit or display Consumer Fireworks that are exposed to direct sunlight, open flame, excess heat, or within close proximity of accelerants or other sources of ignition. 5.16 No person shall smoke within eight (8) metres of any Consumer Fireworks. 5.17 No person shall Sell, or offer for sale, Consumer Fireworks in a location where prominent no smoking signs are not on display. 5.18 No person shall Sell or display Consumer Fireworks inside a building, Tent, trailer, or other enclosed location, unless there are a minimum of two (2) unobstructed, clearly identified exits to ensure that occupants can quickly evacuate in the event of a fire or emergency. 5.19 Tents used to Sell or display Consumer Fireworks shall conform to CAN/ULC S-109, “Standard Method for Flame Tests of Flame Resistant Fabrics and Film” Page 355 of 457 6 5.20 Each location, where Consumer Fireworks are offered for sale, shall have at least two (2) portable fire extinguishers having a minimum rating of 3A:10BC. 5.21 No person shall Sell or offer for sale Consumer Fireworks unless established procedures are in place and approved as per the Ontario Fire Code. Procedures shall be submitted to the Fire Chief and include the following: 5.21.1 the location and identification of storage and handling areas; 5.21.2 the methods to control a fire emergency safely and efficiently; 5.21.3 the names, addresses, and telephone numbers of persons to be contacted in case of fire during non-operating hours; and 5.21.4 any other information deemed necessary by the Fire Chief. 5.22 The seller of Consumer Fireworks must offer the buyer either a copy of the table that describes safety instructions for using Consumer Fireworks, which is found at the end of Part 16 in the Explosives Regulations, 2013, or a document that includes the same information. See Schedule “A”, forming part of this by-law, attached hereto. 5.23 No person shall offer for sale, display for sale, or Sell Consumer Fireworks in a manner that contravenes the sale of Consumer Fireworks regulations. Discharge of Consumer Fireworks 6. The following are the regulations governing the Discharge of Consumer Fireworks: 6.1 No person shall Discharge Consumer Fireworks except on: 6.1.1 Victoria Day; 6.1.2 the day immediately preceding Victoria Day; 6.1.3 three (3) days immediately following Victoria Day; 6.1.4 Canada Day; 6.1.5 the day immediately preceding Canada Day; 6.1.6 three (3) days immediately following Canada Day; or 6.1.7 as permitted by the Fire Chief. 6.2 No person shall Discharge Consumer Fireworks on the days specified in Section 6(1), except between 6:00 pm and 11:00 pm. Page 356 of 457 7 6.3 No person under the age of eighteen (18) years shall Discharge any Consumer Fireworks except under the direct supervision and control of a competent person twenty-one (21) years of age or over. 6.4 No parent or guardian of any person under the age of eighteen (18) years shall give, trade, or otherwise offer Consumer Fireworks, nor permit the person to Discharge any Consumer Fireworks, except when such parent or guardian or some other competent person of twenty-one (21) years of age or over, is in direct supervision and control of the Discharge. 6.5 No person shall Discharge Consumer Fireworks on a property, or at a location, without the knowledge and permission of the property owner. 6.6 No person shall Discharge Consumer Fireworks as to endanger, injure, harass, frighten, or constitute a nuisance, to any person or animal. 6.7 No person shall Discharge Consumer Fireworks in such a manner as to create a danger or fire hazard to any property. 6.8 No person shall Discharge Consumer Fireworks from, onto, or over any building, doorway, or motor vehicle. 6.9 No person shall Discharge Consumer Fireworks from, onto, or over any highway, street, laneway, sidewalk, park, or other public place. 6.10 No person shall Discharge Consumer Fireworks over any aerodrome, airstrip, helipad, railway, fuel dispensing station, fuel transfer/pumping station, fuel storage facility, or navigable waterway. 6.11 No person shall Discharge Consumer Fireworks under, or over, any utility lines or wires (hydro, telephone, cable). 6.12 No person shall Discharge Consumer Fireworks at, or near, any flammable or combustible liquids or gases. 6.13 No person shall permit Discharged Consumer Fireworks, casings, or other debris, to enter onto neighbouring properties, highways, streets, laneways, sidewalks, parks, or other public places. 6.14 No person shall Discharge any Consumer Fireworks when the wind speed is in excess of twenty (20) kilometres per hour, as indicated by the Weather Network Niagara Falls. (https://www.theweathernetwork.com/ca/weather/ontario/niagara-falls). 6.15 No person shall Discharge Consumer Fireworks unless a suitable means of extinguishment is readily available. Page 357 of 457 8 6.16 Every person shall ensure that Discharged Consumer Fireworks, casings, or other debris, are completely extinguished so as not to create a fire hazard. 6.17 No person shall Discharge Consumer Fireworks during a Fire Ban authorized by the Fire Chief. 6.18 No person or group of persons shall hold a Fireworks Display of Consumer Fireworks in the City of Niagara Falls, without first having obtained a Public Fireworks Display Permit issued by the Fire Chief. Storage of Fireworks 7. The following are the regulations governing the storage of Fireworks: 7.1 Storage of Fireworks shall be in accordance with the Act. Permits 8. The following are the regulations governing Permits: 8.1 No person or group of persons shall hold a Fireworks display of Consumer Fireworks, Display Fireworks, or Discharge any Pyrotechnic Special Effect Firework, in the City of Niagara Falls, without first having obtained a Public Fireworks Display Permit issued by the Fire Chief 8.2 Every application for a Public Fireworks Display Permit shall be made to the Fire Chief a minimum of 30 days prior to the event when the proposed Discharge of Fireworks is to occur. 8.3 Every application for a Permit shall include: 8.3.1 a description of the event, including: 8.3.1(1) the date and time of the proposed Discharge of Fireworks; 8.3.1(2) the type, kind and quantity of Fireworks that may be Discharged; 8.3.1(3) the Discharge techniques to be used; 8.3.1(4) the manner and means of prohibiting unauthorized persons access to the Discharge site; 8.3.1(5) the manner in which unused Fireworks are to be disposed of; and Page 358 of 457 9 8.3.1(6) the number of persons authorized to handle and Discharge the Fireworks. 8.3.2 a site plan providing a description of the site to be used for the discharging of the Fireworks, including height, range, fallout, duration of the display, and storage locations; 8.3.3 a description of the fire emergency procedures; 8.3.4 the name and address of the applicant and the sponsoring organization, if applicable; 8.3.5 proof of certification of the applicant as a Display Supervisor, Pyrotechnician, or person approved by the Fire Chief; 8.3.6 written consent of the owner of the property to the Discharge of Fireworks; 8.3.7 a fee pursuant to the Schedule of Fees By-law of the City; 8.3.8 proof of insurance and indemnification in accordance with the City’s standard form of Certificate and sections 8.11 and 8.14 of this by- law; and 8.3.9 such other information as required by the Fire Chief. 8.4 A Permit issued under this by-law, for an event featuring Fireworks, shall be subject to the following conditions: 8.4.1 the Permit is valid only for the location and on the date or dates set forth in the Permit; 8.4.2 the Permit holder or person approved by the Fire Chief shall supervise the Fireworks; 8.4.3 the Permit holder or person approved by the Fire Chief shall Discharge the Fireworks; 8.4.4 every Permit holder shall provide and maintain fully operational fire extinguishing equipment appropriate for the nature and size of the Fireworks; 8.4.5 fire extinguishing equipment shall be ready for immediate use; and 8.4.6 the Permit holder shall comply, at all times, with the provisions of the Act, FPPA, and the Display Fireworks Manual published by Natural Resources Canada or any successor publication. 8.5 A Permit may not be approved or may be revoked for any the following: Page 359 of 457 10 8.5.1 the application is incomplete; 8.5.2 the applicant is not a Display Supervisor, Pyrotechnician, or person approved by the Fire Chief; 8.5.3 there are reasonable grounds to believe that the Discharge of Fireworks may constitute a fire or safety hazard or result in a nuisance to the public; 8.5.4 the Permit application contains false or misleading information, 8.5.5 the Discharge of Fireworks is scheduled during a Fire Ban authorized by the Fire Chief; and 8.5.6 there are reasonable grounds to believe that the Discharge of the Fireworks will result in a breach of this by-law, the FPPA or the Act. 8.6 No person shall Discharge Fireworks except in accordance with the conditions of the Permit, the Act, and this by-law. 8.7 The Permit holder shall adhere to all conditions as set out in the Permit, the Act, and this by-law. 8.8 The Permit holder shall ensure that all unused Fireworks and all debris are removed and disposed of in a safe and appropriate manner. 8.9 A copy of the Public Fireworks Display Permit shall be kept at the site of the display from the time of initial event set up to the time of event conclusion. 8.10 Every holder of a Public Fireworks Display Permit shall produce the Permit upon being so directed by the Fire Chief or designate. 8.11 The Permit shall require that the applicant shall at their expense obtain and keep in force during the term of the Permit, Commercial General Liability insurance satisfactory to the City and underwritten by an insurer licensed to conduct business in the Province of Ontario. The policy shall provide coverage for bodily injury, death, property damage and personal injury, including the loss of use thereof, and shall include but not be limited to: 8.11.1 a limit of liability of not less than five (5) million dollars ($5,000,000.00) per occurrence; 8.11.2 “Claims Made” insurance policies will not be permitted; 8.11.3 adding the Municipality as an additional insured with respect to the operations of the Named Insured; Page 360 of 457 11 8.11.4 the policy shall contain a provision for Cross Liability and Severability of Interest Clause, Premises and Operations Liability, Blanket Contractual Liability, Products/Completed Operations, Personal Injury, and Non-Owned Automobile Liability in respect of the Named Insured; and 8.11.5 non-owned automobile coverage with a limit of not less than $2,000,000 and shall include contractual non-owned coverage. 8.12 Such insurance shall include coverage for conducting displays of Pyrotechnic Special Effects Fireworks or Display Fireworks. Such insurance policy shall contain an endorsement to provide the City with (30) days prior written notice of cancellation or of a material change that would diminish coverage. 8.13 The applicant shall forward a Certificate of Insurance on the City’s Standard Certificate of Insurance Form (no substitutes or omissions will be accepted) evidencing such insurance coverage and shall be provided to the City of Niagara Falls prior to the issuance of a Permit. 8.14 The Permit shall provide that the applicant shall indemnify and save harmless the City of Niagara Falls from any and all claims, demands, causes of action, loss, costs or damages that the City of Niagara Falls may suffer, incur, or be liable for, resulting from the performance of the applicant as set out in the by-law, whether with or without negligence on the part of the applicant, the applicant's employees, directors, contractors and agents. Administration and Enforcement 9.1 The Fire Chief shall be responsible for the administration of the provisions of this by-law. 9.2 The Fire Chief may issue and/or revoke a Fireworks Permit as set out herein. 9.3 Members of the Fire Department and the Municipal By-law division shall be responsible for the enforcement of this by-law. 9.4 Any member of the Fire Department or Municipal By-law division may enter onto property in the course of their duty at any time, without prior notice, for the purpose of carrying out an inspection to determine whether the provisions of this by-law have been complied with. 9.5 The Niagara Falls Fire Department is exempt from this by-law for the purposes of training with, or the testing of, Fireworks. Page 361 of 457 12 9.6 No person shall hinder or obstruct, or attempt to hinder or obstruct, a member of the Fire Department or Municipal By-law Division who is performing a duty which is authorized under this by-law. 9.7 No person shall knowingly furnish false or misleading information to the City or the Fire Department with respect to this by-law. 9.8 Any person, firm, or corporation who contravenes any provision of this by- law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended from time to time, or any replacement legislation. 9.9 The owner of a property who contravenes this by-law may have the costs associated with the Fire Department response to the contravention, as determined by the Schedule of Fees By-law of the City, in effect at the time of the attendance by the Fire Department, added to the property taxes for the property regardless of whether the Fireworks were Discharged with the permission or knowledge of the property owner or by Permit, and same shall be collected in the same manner as taxes in accordance with Section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended. 9.10 Neither the Fire Department nor the City shall be responsible to notify the owner of a property, in advance, of its intention to charge for services or costs associated with the response to the Discharge of Fireworks. Severability 10.1 Each provision of this by-law is independent of all other provisions, and if any provision of this by-law be declared by a Court of competent jurisdiction to be invalid, or of no force and effect, or beyond the power of Council to enact, such provisions shall be deemed to be severable from this by-law, and it is the intention of Council that the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way. Repeal By-laws 11.1 By-law Nos. 2003-92, 70-86, 73-104, 73-198, 81-65, 88-321, and 91-10 are hereby repealed. Short Title 12.1 This by-law may be cited as the “Fireworks By-law”. Effect 13.1 This by-law shall come into force and effect on the day it is passed. Page 362 of 457 13 Passed this twenty-sixth day of September, 2017. ................................................................ ................................................................ BILL MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR First Reading: September 26, 2017. Second Reading: September 26, 2017. Third Reading: September 26, 2017. Page 363 of 457 14 Schedule “A” to By-law No. 2017- 101 Safety Instructions for Firing Consumer Fireworks Persons under 18 years of age must have the direct supervision of a competent person 21 years of age or older when discharging Consumer Fireworks. Choose a wide, clear site away from overhead obstacles (for example, 30 m x 30 m for firing Roman Candles) and ensure spectators stand at the perimeter. Spectators must be at the safe distance specified on the Fireworks label. Do not fire in windy conditions. Read all instructions on the Fireworks. Plan the order of firing before you begin. Use a good firing base, such as pails or non-combustible boxes filled with earth or sand. Bury Fireworks half their length if they have no standing base, unless the labelling on the Fireworks directs otherwise. Set them at a 10 degree angle, pointing away from people. Never light Fireworks in your hand or hold lighted Fireworks in your hand, other than a sparkler. Light carefully. Always light the fuse at its tip. Keep water nearby. Dispose of used Fireworks (including debris) in a pail of water. Never try to relight Fireworks that did not go off. Never try to fix Fireworks that are defective. Wait at least 30 minutes before approaching such Fireworks. Keep Fireworks in a cool, dry, ventilated place and in a locked container away from children. For further information and requirements, please refer to Natural Resources Canada website and the City of Niagara Falls Fireworks By-law. Page 364 of 457 M M|SS|SSaUGa Page 365 of 457 Page 366 of 457 Page 367 of 457 CERTIFIED TRUE copy John D.Elvldge.Clty Clark Digxlallysigned documenl Use FDF readar la verity 2022-06-29 Page 368 of 457 Page 369 of 457 Page 370 of 457 Page 371 of 457 Page 372 of 457 Page 373 of 457 Page 374 of 457 Page 375 of 457 Page 376 of 457 Page 377 of 457 Page 378 of 457 Page 379 of 457 Page 380 of 457 Page 381 of 457 Page 382 of 457 Page 383 of 457 Page 384 of 457 Page 385 of 457 Page 386 of 457 Page 387 of 457 Page 388 of 457 Page 389 of 457 Page 390 of 457 Page 391 of 457 Page 392 of 457 Page 393 of 457 Page 394 of 457 Page 395 of 457 Page 396 of 457 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2023 - 055 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, Limited Parking) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: a) by removing from the specified column 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 Victoria Ave. Both Morrison St. and Jepson St. $1.50/1 hour $0.75/30 minutes $0.40/15 minutes $0.25/10 minutes $0.25 minimum payment 2 hours 8:00 a.m. to 6:00 p.m. Except Sat., Sun. and Hol. Victoria Ave. East Bridge St. and Valley Way $1.50/1 hour $0.75/30 minutes $0.40/15 minutes $0.25/10 minutes $0.25 minimum payment 2 hours 9:00 a.m. to 5:00 p.m. Except Sat., Sun. and Hol. Victoria Ave. West Bridge St. and Maple St. $1.50/1 hour $0.75/30 minutes $0.40/15 minutes $0.25/10 minutes $0.25 minimum payment 2 hours 9:00 a.m. to 5:00 p.m. Except Sat., Sun. and Hol. Page 397 of 457 PARKING METER ZONES COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 FEES COLUMN 5 MAXIMUM HOURS COLUMN 6 TIMES/DAYS Morrison Street South Buckley Ave. and Victoria Ave. $1.50/1 hour $0.75/30 minutes $0.40/15 minutes $0.25/10 minutes $0.25 minimum payment 2 hours 8:00 a.m. to 5:00 p.m. Except Sat., Sun. and Hol. Simcoe St. Both Buckley Ave. and Victoria Ave. $1.50/1 hour $0.75/30 minutes $0.40/15 minutes $0.25/10 minutes $0.25 minimum payment 2 hours 8:00 a.m. to 6:00 p.m. Except Sat., Sun, and Hol. b) by adding to the specified column 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 Victoria Ave. Both Simcoe St. and Jepson St. $1.50/1 hour $0.75/30 minutes $0.40/15 minutes $0.25/10 minutes $0.25 minimum payment 2 hours 8:00 a.m. to 6:00 p.m. Except Sat., Sun. and Hol. c) by adding to the specified column of Schedule E thereto the following item: LIMITED PARKING COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES OR DAYS COLUMN 5 MAXIMUM PERIOD PERMITTED Victoria Ave. East A point 12 m north of Simcoe St. and a point 61 m south of Morrison St 9:00 a.m. to 5:00 p.m. Mon. to Fri. 2 hours Victoria Ave. East A point 35 m south of Morrison St. and a point 15 m south of Valley Way 9:00 a.m. to 5:00 p.m. Mon. to Fri. 2 hours Victoria Ave. East A point 28 m north of Valley Way and a point 22 m south of Queen St. 9:00 a.m. to 5:00 p.m. Mon. to Fri. 2 hours Page 398 of 457 LIMITED PARKING Victoria Ave. East A point 40 m north of Queen St. and a point 26 m south of Park St. 9:00 a.m. to 5:00 p.m. Mon. to Fri. 2 hours Victoria Ave. East A point 12 m north of Park St. and a point 55 m south of Bridge St. 9:00 a.m. to 5:00 p.m. Mon. to Fri. 2 hours Victoria Ave. West A point 36 m south of Bridge St. and a point 25 m north of Maple St. 9:00 a.m. to 5:00 p.m. Mon. to Fri. 2 hours Victoria Ave. West A point 60 m south of Morison St. and a point 20m north of Willmott St. 9:00 a.m. to 5:00 p.m. Mon. to Fri. 2 hours Victoria Ave. West A point 20 m south of Willmott St. and a point 35 m north of Simcoe St. 9:00 a.m. to 5:00 p.m. Mon. to Fri. 2 hours Morrison St. South A point 30 m west of Buckley Ave. and a point 26 m east of Victoria Ave. 9:00 a.m. to 5:00 p.m. Mon. to Fri. 2 hours Simcoe St. North A point 13 m east of Victoria Ave. and a point 56 m east of Victoria Ave. 9:00 a.m. to 5:00 p.m. Mon. to Fri. 2 hours Simcoe St. South A point 42 m east of Victoria Ave and a point 48 m east of Victoria Ave. 9:00 a.m. to 5:00 p.m. Mon. to Fri. 2 hours This By-law shall come into force when the appropriate signs are installed. Read a first, second, third time and passed. Signed and sealed in open Council on this 15TH day of August, 2023. ............................................................... ........................................................... WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 399 of 457 CITY OF NIAGARA FALLS By-law No. 2023 -075 A by-law to designate Lots 29 & 30, Plan 31 to be deemed not to be within a registered plan of subdivision (DB-2023-002). WHEREAS subsection 50(4) of the Planning Act, R.S.O.1990, provides that the Council of a local municipality may by by-law, designate any plan of subdivision, or part thereof, that has been registered for eight years or more, to be deemed not to be a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990; AND WHEREAS the said land is within a plan of subdivision registered in 1917; AND WHEREAS to facilitate the legal merger of the said land to allow it to be developed as one parcel, the passing of a by-law as provided in subsection 50(4) is necessary; AND WHEREAS the Council of the Corporation of the City of Niagara Falls, in the Regional Municipality of Niagara deems it expedient to designate the said land to be deemed not to be within a registered plan of subdivision as provided in said subsection 50(4). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACT AS FOLLOWS: 1. Lots 29 & 30, Plan 31, in the City of Niagara Falls, in the Regional Municipality of Niagara, shall be deemed not to be within a registered plan of subdivision for the purpose of subsection 50(3) of the Planning Act, R.S.O.1990. Read a First, Second and Third time; passed, signed and sealed in open Council this 15th day of August, 2023. ......................................................................... ....................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 400 of 457 A by-law to provide for the adoption of Amendment No. 159 to the City of Niagara Falls Official Plan (AM-2023-005). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. Amendment No. 159 to the City of Niagara Falls Official Plan, constituting the attached text and map, is hereby adopted. Read a First, Second and Third time; passed, signed and sealed in open Council this 15th day of August, 2023. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\OFFICIAL.PLN\AMEND\#159 - 7081 McLeod Road\! By-law - OPA 159.docx CITY OF NIAGARA FALLS By-law No. 2023-076 Page 401 of 457 OFFICIAL PLAN AMENDMENT NO. 159 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to allow for the proposed 5 storey building with 50 apartment dwelling units which shall not exceed a density of 147 units per hectare. The subject lands are approximately 0.3 hectares in size and are located on the north side of McLeod Road, at the northwest corner of McLeod Road and Sharon Avenue. (ii) Location of the Amendment The amendment applies to lands outlined and shown as Residential on Map 1 to Amendment No. 159 to the Official Plan. (iii) Details of the Amendment Map Changes MAP 1 - Schedule “A” to the Official Plan – Future Land Use has been amended from Residential to the Residential with Special Policy Area 88. Text Change PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of Subsection 13.88. (iv) Basis of the Amendment The applicant (LivWell Development Group Inc.) proposes to utilize develop a 5 storey building with 50 apartment dwelling units at a maximum density of 147 units per hectare. The subject lands are designated Residential as shown on Schedule A – Future Land Use of the City’s Official Plan. The amendment meets the intent of the Official Plan as it is located on lands that front onto an arterial road, on an existing transit route, and is located in close proximity to commercial uses. The proposed building height of 5 storeys is permitted. It provides setbacks that are appropriate for the abutting land uses. The proposed building provides articulated architectural treatments through changes in exterior cladding, and engages the street by providing amenity areas at grade abutting McLeod Road and balconies for each unit. The parking is located in the rear and interior side yard with a landscaped buffer provided along McLeod Road and Sharon Avenue to improve the streetscape. The proposal will contribute to the City’s affordable housing target of 40% by providing affordable housing options to moderate income households with an approximate annual income of $60,000-$95,500. Transportation and municipal infrastructure has the capacity to accommodate the proposal. S:\OFFICIAL.PLN\AMEND\#159 - 7081 McLeod Road\1 PART 1 Preamble - OPA 159.docx Page 402 of 457 S:\OFFICIAL.PLN\AMEND\#159 - 7081 McLeod Road\2 PART 2 BODY - OPA 159.docx PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 159 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment", shown on the map attached hereto, entitled "Map 1 to Amendment No. 159", shall be identified as Special Policy Area 88 on Schedule A – Future Land Use of the Official Plan. 2. TEXT CHANGE a. PART 2, SECTION 13 – SPECIAL POLICY AREAS, is hereby amended by adding the following subsection: 13.88 SPECIAL POLICY AREA “88” Special Policy Area “88” applies to approximately 0.3 hectares of land located on the northwest corner of McLeod Road and Sharon Avenue. Notwithstanding the policies of Part 2, Section 1.15, the lands may be developed to a maximum density of 147 units per hectare. Page 403 of 457 Page 404 of 457 CITY OF NIAGARA FALLS By-law No. 2023-077 A by-law to amend By-law No. 79-200, to permit the use of the lands for a 5 storey, apartment dwelling with 50 dwelling units (AM-2023-005). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by 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. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in the R5E zone. 5. The regulations governing the permitted uses shall be: (a) Minimum front yard depth 4 metres (b) Minimum exterior side yard width 1 metre + 14.3 metres to the centreline of McLeod Road (c) Minimum interior side yard with to the: (i) Furthest northern lot line (ii) Nearest northern lot line 16.5 metres 10 metres (d) Minimum amenity space per dwelling unit 13.15 square metres (e) Minimum landscaped open space 22% Page 405 of 457 2 (f) Minimum width of a landscaped open space strip between parking spaces and the front lot line 1.5 metres (g) Maximum height of building or structure 16 metres (h) Parking requirements 1.25 parking spaces per dwelling unit (i) Minimum maneuvering aisle dimensions for a 2.75 metre by 6 metre parking stall 6 metres (j) Projection of a balcony into a required exterior side yard 1.2 metres (k) Projection of an unsupported canopy into any required yard 1.5 metres (l) Minimum landscaped open space strip abutting a: (i) Interior side yard lot line (ii) Front yard lot line (iii) Exterior side yard lot line (iv) Rear yard lot line 3 metres 4 metres, save and except 1.5 metres to a parking space 2.3 metres, save and except 1.4 metres abutting a maneuvering aisle 1.0 metre (m) The balance of regulations specified for a R5E use. 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet D4 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from I to R5E and numbered 1196. Page 406 of 457 3 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1196 Refer to By-law No. 2023-077. Read a First, Second and Third time; passed, signed and sealed in open Council this 15th day of August, 2023. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2023\AM-2023-005- McLeod Road, 7081 (PID 161274)\9 By-law\Bylaw - AM-2023-005.docx Page 407 of 457 077 Page 408 of 457 CITY OF NIAGARA FALLS By-law No. 2023-079 A by-law to provide for the adoption of Amendment No. 161 to the City of Niagara Falls Official Plan (AM-2023-002). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. Amendment No. 161 to the City of Niagara Falls Official Plan, constituting the attached text and map, is hereby adopted. Read a First, Second and Third time; passed, signed and sealed in open Council this 15th day of August, 2023. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 409 of 457 OFFICIAL PLAN AMENDMENT NO. 161 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to allow for the development of five blocks for apartment dwellings with a maximum height of 10 storeys and three blocks for mixed use buildings with a maximum height of 15 storeys. The subject lands are located with the Grand Niagara Plan of Subdivision. (ii) Location of the Amendment The amendment applies to lands shown as Special Policy Area 90 on Schedule A4 to the Official Plan– Grand Niagara Secondary Plan. (iii) Details of the Amendment Map Changes MAP 1 - Schedule “A4” to the Official Plan – Grand Niagara Secondary Plan has been amended to show the Residential Low/Medium Density, in part, and Mixed Use, in part, designation with the location of land subject to Policy 3.1.5.1 and Policy 3.4.4.1 identified. Text Change PART 5, SECTION 3 GRAND NIAGARA SECONDARY PLAN –is hereby amended by the addition of Subsection 3.1.5.1 and 3.4.4.1. (iv) Basis of the Amendment The applicant (Empire (Grand Niagara) Project GP Inc.) proposes to develop five blocks for apartment dwellings with a maximum height of 10 storeys and three blocks for mixed use buildings with a maximum height of 15 storeys. The lands are designated Residential Low/Medium Density, in part, and Mixed Use, in part, as shown on Schedule “A4” to the Official Plan – Grand Niagara Secondary Plan. The amendment meets the intent of the Official Plan as the area is suitable for intensification and the buildings will be stepped and articulated in form to lessen the impact of height and massing. The five blocks for apartment dwellings with a maximum height of 10 storeys are appropriately located on arterial roads and abut natural heritage lands which provide suitable transition to low density residential uses. The three blocks for mixed use buildings with a maximum height of 15 storeys are within the South Niagara Falls Hospital Regional Growth Centre which has a Page 410 of 457 greater density target than the City’s Official Plan. Consequently, an increase in height is appropriate to meet the housing and employment targets. There are no issues with infrastructure capacity or the transportation system. PART 2 – BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – BODY OF THE AMENDMENT, consisting of the following Maps Changes and Text Changes, constitute Amendment No. 161 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGES The “Area Affected by this Amendment”, shown on the map attached hereto, entitled “Map 1 to Amendment 161”, shall be identified as Policy 3.1.5.1 and 3.4.4.1 on Schedule “A4” to the Official Plan – Grand Niagara Secondary Plan. 2. TEXT CHANGES PART 5, SECTION 3 –is hereby amended by adding the following subsections: 3.1.5.1 Notwithstanding the height provisions of Part 5, Section 3 Policy 3.1.5, a maximum building height of 10 storeys may be permitted. 3.4.4.1 Notwithstanding the height provisions of Part 5, Section 3 Policy 3.4.4, a maximum building height of 15 storeys may be permitted. Page 411 of 457 Page 412 of 457 CITY OF NIAGARA FALLS By-law No. 2023-080 A by-law to amend By-law No. 79-200, to regulate the Grand Niagara plan of subdivision on the lands subject to the removal of a Holding (H) symbol (AM-2023-002). 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 fifteen parcels, known as Parcels R2-1198, R1F- 1199, R1F-1200, R1F-1201, R3-1202, R5D-1203, R4-1204, R4-1205, R5E-1206, GC-1207, I-1208, I-1209, EPA-1210, OS-1211, and EPA-1212. 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 that by-law. In the case of any conflict between a specific provision of this by -law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 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 R2-1198, the uses permitted in a R2 Zone. (b) For Parcel R1F-1199: (i) The uses permitted in a R1F Zone (ii) Accessory dwelling units may be provided within an accessory building and within the primary dwelling on the same lot. (c) For Parcel R1F-1200: (i) The uses permitted in a R1F Zone, save and except a detached dwelling with an attached or detached garage. (d) For Parcel R1F-1201, the uses permitted in a R1F Zone. Page 413 of 457 2 (e) For Parcel R3-1202: (i) An on-street townhouse dwelling (ii) A home occupation in an on-street townhouse dwelling unit subject to the provisions of section 5.5 of By-law No. 79-200 (iii) Accessory buildings and accessory structures subject to the provisions of sections 4.13 and 4.14 of By-law No.79-200 (f) For Parcel R5D-1203: (i) The uses permitted in a R5D Zone (ii) A back-to-back townhouse dwelling (g) For Parcel R4-1204: (i) An apartment dwelling (ii) A stacked townhouse dwelling (iii) Group dwellings, save and except townhouse dwellings (iv) Accessory buildings and accessory structures subject to the provisions of sections 4.13 and 4.14 of By-law No.79-200 (v) A home occupation in an apartment dwelling unit, or a stacked townhouse dwelling unit subject to the provisions of section 5.5 of By- law No. 79-200 (h) For Parcel R4-1205: (i) The uses permitted in a R4 Zone (ii) A back-to-back townhouse dwelling (i) For Parcel R5E-1206: (i) The uses permitted in a R5E Zone (ii) As part of an apartment dwelling development, the following uses are permitted: i. An on-street townhouse dwelling Page 414 of 457 3 ii. A townhouse dwelling, containing not more than 8 dwelling units iii. A back-to-back townhouse dwelling (iii) Non-residential uses, as permitted in a Neighborhood Commercial (NC) Zone, may be permitted on the ground floor fronting onto Grassy Brook Road. (j) For Parcel GC-1207: (i) Retail store (ii) Restaurant (iii) Office (iv) Recreational uses (v) Community building (vi) Clinic (vii) Day nursery (viii) Bake shop (ix) Bank, trust company, credit union, or currency exchange (x) Health centre (xi) Personal service shop (xii) Dwelling units in a building in combination with one or more of the uses listed in this section above grade and at grade provided that a maximum of 49% of the ground floor of the building is permitted for dwelling units and provided that no part of such dwelling unit has frontage onto a public street (xiii) Provided that a minimum 50% of the lot area has been developed with one or more uses listed in subsection (i) to (xi) inclusive of this section, the following uses are permitted, subject to the regulations of th e R5F zone, save and except the site specific regulations of this zone: i. A stacked townhouse dwelling ii. A back-to-back townhouse dwelling iii. An apartment dwelling Page 415 of 457 4 (k) For Parcel I-1208: (i) The uses permitted in an I zone (ii) Clinic (iii) Medical laboratory (iv) Research, innovation, and development facility (v) Office (vi) Retail store (vii) Hotel (viii) Restaurant (ix) Assisted living for special needs groups (x) Hospice (xi) Animal clinic (xii) Personal service shop (l) For Parcel I-1209: (i) The uses permitted in an I zone (ii) School (m) For Parcel EPA-1210: (i) The uses permitted in an EPA zone (ii) Walkways (iii) A boat ramp providing access to Welland River, subject to approval from the NPCA (n) For Parcel OS-1211: (i) The uses permitted in an OS zone (ii) Walkways Page 416 of 457 5 (o) For Parcel EPA-1212: (i) The uses permitted in an EPA zone (ii) Walkways (iii) Stormwater management facilities 6. The regulations governing the permitted uses on those portions of the Lands zoned R2-1198 shall be: (a) Minimum lot area i. For a detached dwelling 225 square metres ii. For a semi- detached dwelling or a duplex dwelling 415 square metres (b) Minimum lot frontage i. For a detached dwelling on an interior lot 8 metres ii. For a detached dwelling on a corner lot 10 metres iii. For a semi- detached dwelling or a duplex dwelling on an interior lot 15 metres iv. For a semi- detached dwelling or a duplex dwelling on a corner lot 18 metres (c) Minimum front yard depth i. For a dwelling 3 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 ii. For a private garage with driveway access from front yard 6 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (d) Minimum rear yard depth 7 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 Page 417 of 457 6 (e) Minimum interior side yard width i. For a detached dwelling or a duplex dwelling 1.2 metres on one side 0.6 metres on the other side ii. For a semi-detached dwelling 1.2 metres on one side 0 metres on a mutual side lot (f) Minimum exterior side yard width i. For a dwelling 2.4 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 ii. For a private garage with driveway access from exterior side yard 6 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (g) Maximum lot coverage Not applicable (h) Maximum height of a building or structure i. Located east and south of the height limit arc 12.5 metres, subject to section 4.7 of By-law No. 79-200 ii. Located west and north of the height limit arc 8 metres, subject to section 4.7 of By- law No. 79-200 (i) Setback from daylight triangle The front, rear, and exterior side yards shall be measured as if the daylight triangle does not exist (j) Maximum projection of a one or two storey roofed over porch or balcony into a required front yard or exterior side yard 1.5 metres (k) Parking space A parking space in a garage shall be unobstructed and free of structures and encroachments (l) The balance of regulations specified for a R2 use. Page 418 of 457 7 7. The regulations governing the permitted uses on those portions of the Lands zoned R1F-1199 shall be: (a) Minimum lot area 260 square metres (b) Minimum lot frontage i. For an interior lot 9.5 metres ii. For a corner lot 12 metres (c) Minimum rear yard depth 13 metres to the main dwelling, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (d) Minimum interior side yard width 1.2 metres on one side 0.6 metres on the other side (e) Minimum exterior side yard width i. For a dwelling 2.4 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 ii. For a private garage with driveway access from exterior side yard 6 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (f) Maximum height of a building or structure i. Located east and south of the height limit arc 12.5 metres, subject to section 4.7 of By-law No. 79-200 ii. Located west and north of the height limit arc 8 metres, subject to section 4.7 of By- law No. 79-200 (g) Minimum landscaped open space 25% of the lot area (h) Setback from daylight triangle The front, rear, and exterior side yards shall be measured as if the daylight triangle does not exist (i) Maximum projection of a one or two storey roofed over porch or balcony into a required front yard or exterior side yard 1.5 metres Page 419 of 457 8 (j) Parking space A parking space in a garage shall be unobstructed and free of structures and encroachments (k) Second dwelling units within a detached dwelling i. Parking space 1 parking space, in accordance with the dimensions contained in Section 4.19 of By-law 79-200, shall be provided, in addition to the parking space required for the primary dwelling. ii. Maximum floor area of a second dwelling unit Not applicable (l) Second dwelling units within accessory buildings i. Maximum lot coverage Not applicable ii. Maximum floor area of a second dwelling unit Not applicable iii. Parking space 1 parking space, in accordance with the dimensions contained in Section 4.19 of By-law 79-200, shall be provided, in addition to the parking space required for the primary dwelling. iv. Maximum height 8.5 metres, to a maximum of two stories, subject to section 4.7 of By- law No. 79-200 v. Minimum rear yard depth 1.2 metres, save and except for unsupported canopies, eaves or gutters which may project a distance of not more than 0.45 metres into this setback vi. Minimum exterior side yard width 4.5 metres, save and except for unsupported canopies, eaves, or gutters which may project a distance of not more than 0.45 metres into this setback. vii. Minimum rear yard depth of a roofed over porch or deck 1.2 metres Page 420 of 457 9 viii. Minimum interior side yard width No interior side yard setback is required where the accessory building shares a common lot line with an accessory building on the abutting lot. Otherwise, an interior side yard setback of 0.6 metres is required. (m) The balance of regulations specified for a R1F use. 8. The regulations governing the permitted uses on those portions of the Lands zoned R1F-1200 shall be: (a) Minimum lot area 130 square metres (b) Minimum lot frontage i. For an interior lot 7 metres ii. For a corner lot 9 metres (c) Minimum front yard depth 3 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (d) Minimum rear yard depth 4 metres (e) Minimum interior side yard width 1.2 metres on one side 0.6 metres on the other side (f) Minimum exterior side yard width 2.4 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (g) Maximum lot coverage Not applicable (h) Maximum height of a building or structure 8 metres, subject to section 4.7 of By- law No. 79-200 (i) Minimum landscaped open space 25% of the lot area (j) Setback from daylight triangle The front, rear, and exterior side yards shall be measured as if the daylight triangle does not exist Page 421 of 457 10 (k) Maximum projection of a one or two storey roofed over porch or balcony into a required front yard or exterior side yard 1.5 metres (l) Maximum width of a driveway or parking area in the front yard of a lot 3 metres (m) The balance of regulations specified for a R1F use. 9. The regulations governing the permitted uses on those portions of the Lands zoned R1F-1201 shall be: (a) Minimum lot area 190 square metres (b) Minimum lot frontage i. For an interior lot 8 metres ii. For a corner lot 10 metres (c) Minimum front yard depth 3 metres for a detached dwelling, plus any applicable distance specified in 4.27.1. of By-law No. 79- 200 The front yard shall be deemed the yard adjacent to the non-garage side of the dwelling. (d) Minimum rear yard depth The rear yard shall be deemed the yard adjacent to the garage. i. For a dwelling 3 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 ii. For a garage face 6 metres plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (e) Minimum interior side yard width 1.2 metres on one side 0.6 metres on the other side Page 422 of 457 11 (f) Minimum exterior side yard width i. For a dwelling 2.4 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 ii. For a private garage with driveway access from exterior side yard 6 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (g) Maximum lot coverage Not applicable (h) Maximum height of a building or structure i. Located east and south of the height limit arc 12.5 metres, subject to section 4.7 of By-law No. 79-200 ii. Located west and north of the height limit arc 8 metres, subject to section 4.7 of By- law No. 79-200 (i) Minimum landscaped open space 25% of the lot area (j) Setback from daylight triangle The front, rear, and exterior side yards shall be measured as if the daylight triangle does not exist (k) Maximum projection of a one or two storey roofed over porch or balcony into a required front yard or exterior side yard 1.5 metres (l) Parking space A parking space in a garage shall be unobstructed and free of structures and encroachments (m) Number of Parking Spaces i. For a back-to-back townhouse dwelling 1 space in accordance with the dimensions contained in Section 4.19 of By-law No. 79-200 ii. For all other uses permitted in an R5D zone In accordance with Section 4.19 of By-law No. 79-200 (n) The balance of regulations specified for a R1F use. Page 423 of 457 12 10. The regulations governing the permitted uses on those portions of the Lands zoned R3-1202 shall be: (a) Minimum lot area 120 square metres (b) Minimum lot frontage 6 metres for each dwelling unit (c) Minimum rear yard depth 7 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (d) Minimum exterior side yard width i. For a dwelling 2.4 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 ii. For a private garage with driveway access from exterior side yard 6 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (e) Maximum height of a building or structure 12.5 metres, subject to section 4.7 of By-law No. 79-200 (f) Setback from daylight triangle The front, rear, and exterior side yards shall be measured as if the daylight triangle does not exist (g) Maximum projection of a one or two storey roofed over porch or balcony into a required front yard or exterior side yard 1.5 metres (h) Parking space A parking space in a garage shall be unobstructed and free of structures and encroachments (i) Maximum width of a driveway or parking area in the front yard of a lot 65% of the lot frontage but in no case more than 9 metres for an on-street townhouse dwelling, detached dwelling, duplex dwelling and semi- detached dwelling (j) The balance of regulations specified for a R3 use. Page 424 of 457 13 11. The regulations governing the permitted uses on those portions of the Lands zoned R5D-1203 shall be: (a) Minimum lot area 80 square metres for each dwelling unit (b) Minimum lot frontage i. For a back-to-back townhouse dwelling 6 metres for each dwelling unit ii. For all other uses permitted in an R5D zone 30 metres (c) Minimum front yard depth i. For a back-to-back townhouse dwelling 3 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 ii. For a private garage of a back-to-back townhouse dwelling with driveway access from a front yard 6 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 iii. For all other uses permitted in an R5D zone 7 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (d) Minimum rear yard depth i. For a back-to-back townhouse dwelling unit not applicable ii. For all other uses permitted in an R5D zone One-half the height of the building or 10 metres, whichever is greater (e) Minimum exterior side yard width i. For a back-to-back townhouse dwelling 2.4 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 ii. For a private garage of a back-to-back townhouse dwelling 6 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 Page 425 of 457 14 with driveway access from exterior side yard iii. For all other uses permitted in an R5D zone 7.5 metres (f) Maximum lot coverage i. For a back-to-back townhouse dwelling 70 % ii. For all other uses permitted in an R5D zone 30% (g) Maximum height of a building or structure 14.5 metres, subject to section 4.7 of By-law No. 79-200 (h) Number of apartment dwellings on one lot Not applicable (i) Minimum landscaped open space i. For a back-to-back townhouse dwelling 15% of the lot area ii. For all other uses permitted in an R5D zone 25% of the lot area (j) Minimum amenity area i. For a back-to-back townhouse dwelling 10 square metres for each dwelling unit ii. For all other uses permitted in an R5D zone 20 square metres for each dwelling unit (k) Setback from daylight triangle The front, rear, and exterior side yards shall be measured as if the daylight triangle does not exist Page 426 of 457 15 (l) Maximum projection of a one or two storey roofed over porch or balcony into a required front yard or exterior side yard 1.5 metres (m) Parking space A parking space in a garage shall be unobstructed and free of structures and encroachments (n) Number of parking spaces i. For a back-to-back townhouse dwelling 1 space in accordance with the dimensions contained in Section 4.19 of By-law No. 79-200 ii. For all other uses permitted in an R5D zone In accordance with Section 4.19 of By-law No. 79-200 (o) The balance of regulations specified for a R5D use. 12. The regulations governing the permitted uses on those portions of the Lands zoned R4-1204 shall be: (a) Minimum lot area 133 square metres per dwelling unit of any type (b) Maximum height of a building or structure 4 storeys or 14.5 metres, whichever is the lesser, subject to 4.7 of By-law No. 79-200 (c) Minimum landscaped open space 25% of the lot area (d) Maximum projection of a roofed over one or two storey porch or balcony i. Into a required front yard or exterior side yard of a townhouse dwelling 1.5 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 ii. Into a required privacy yard of a townhouse dwelling 2.5 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 Page 427 of 457 16 (e) Parking space A parking space in a garage shall be unobstructed and free of any structures and encroachments (f) The balance of regulations specified for a R4 use. 13. The regulations governing the permitted uses on those portions of the Lands zoned R4-1205 shall be: (a) Minimum lot area 133 square metres per dwelling unit of any type (b) Minimum front yard depth i. For an apartment dwelling 7.5 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 ii. For all other permitted uses a. For a dwelling 4.5 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 b. For a private garage with driveway access from front yard 6 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (c) Maximum lot coverage i. For a back-to-back townhouse dwelling 70 % ii. For all other uses permitted in a R4 zone 35 % (d) Maximum height of a building or structure 4 storeys or 14.5 metres, whichever is the lesser, subject to 4.7 of By-law No. 79-200 (e) Minimum landscaped open space 25% of the lot area (f) Minimum privacy yard i. For a back-to-back townhouse dwelling 0 metres ii. For a townhouse dwelling 7.5 metres Page 428 of 457 17 (g) Minimum amenity area i. For a back-to-back townhouse dwelling 10 square metres for each dwelling unit ii. For all other uses permitted in a R4 zone 20 square metres for each dwelling unit (h) Maximum projection of a roofed over one or two storey porch or balcony i. Into a required front yard or exterior side yard of a townhouse dwelling 1.5 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 ii. Into a required privacy yard of a townhouse dwelling 2.5 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (i) Parking space A parking space in a garage shall be unobstructed and free of any structures and encroachments (j) Number of parking spaces (i) For a back-to-back townhouse dwelling 1 space in accordance with the dimensions contained in Section 4.19 of By-law No. 79-200 (ii) For all other uses permitted in a R4 zone In accordance with Section 4.19 of By-law No. 79-200 (k) The balance of regulations specified for a R4 use. 14. The regulations governing the permitted uses on those portions of the Lands zoned R5E-1206 shall be: (a) Minimum front yard depth i. For an apartment dwelling 7.5 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 ii. For all other permitted residential uses Page 429 of 457 18 a. For a dwelling unit 4.5 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 b. For a private garage with driveway access from front yard 6 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (b) Minimum rear yard depth i. For an apartment dwelling and a stacked townhouse dwelling One-half the height of the building or 10 metres, whichever is greater, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 ii. For all other permitted residential uses 7 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (c) Maximum lot coverage i. For a stacked townhouse dwelling or back-to-back townhouse dwelling 70 % ii. For all other permitted residential uses 30 % (d) Maximum height of building or structure i. For an apartment dwelling 10 storeys or 30 metres, whichever is the lesser, subject to section 4.7 of By-law No. 79-200 ii. For a stacked townhouse dwelling or back-to-back townhouse dwelling 4 storeys or 14.5 metres, whichever is the lesser, subject to section 4.7 of By-law No. 79-200 iii. For a townhouse dwelling 3 storeys or 10 metres, whichever is the lesser, subject to section 4.7 of By-law No. 79-200 (e) Minimum height of building or structure 3 storeys or 10 metres, whichever is lesser, subject to section 4.7 of By- law No. 79-200 (f) Minimum building step-back for an apartment or mixed-use building Above 3 storeys or 10 metres, whichever is lesser, a minimum step- back of 3 metres is to be provided Page 430 of 457 19 (g) Maximum number of apartment dwellings per lot Not applicable (h) Minimum landscaped open space 35% of lot area (i) Minimum amenity area i. For a back-to-back townhouse dwelling 10 square metres for each dwelling unit ii. For all other permitted uses in a R5E zone 20 square metres for each dwelling unit (j) Maximum projection of a one or two roofed over storey porch or balcony iii. Into a required front yard or exterior side yard of a townhouse dwelling 1.5 metres iv. Into a required privacy yard of a townhouse dwelling 2.5 metres (k) Parking space A parking space in a garage shall be unobstructed and free of any structures and encroachments (l) Number of parking spaces i. For a back-to-back townhouse dwelling 1 space in accordance with the dimensions contained in Section 4.19 of By-law No. 79-200 ii. For all other uses permitted in a R5E zone In accordance with Section 4.19 of By-law No. 79-200 (m) The balance of regulations specified for a R5E use. 15. The regulations governing the permitted uses on those portions of the Lands zoned GC-1207 shall be: (a) Minimum lot area 50 square metres for each dwelling unit Page 431 of 457 20 (b) Minimum front yard depth i. For an apartment dwelling and a stacked townhouse dwelling 7.5 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 ii. For all other permitted residential uses a. For a dwelling unit 4.5 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 b. For a private garage with driveway access from front yard 6 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (c) Minimum rear yard depth i. For an apartment dwelling and a stacked townhouse dwelling One-half the height of the building or 10 metres, whichever is greater, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 ii. For all other permitted residential uses 7 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (d) Maximum height of building or structure i. For an apartment dwelling 15 storeys or 45 metres, whichever is the lesser, subject to section 4.7 of By-law No. 79-200 ii. For a stacked townhouse dwelling or a back-to-back townhouse dwelling 4 storeys or 14.5 metres, whichever is the lesser, subject to section 4.7 of By-law No. 79-200 iii. For a townhouse dwelling 3 storeys or 10 metres, whichever is the lesser, subject to section 4.7 of By-law No. 79-200 (e) Minimum height of building or structure i. For an apartment dwelling 6 storeys or 25 metres, whichever is the lesser, subject to section 4.7 of By-law No. 79-200 Page 432 of 457 21 ii. For a townhouse dwelling or a stacked townhouse dwelling or back-to-back townhouse dwelling 2 storeys or 7.5 metres, whichever is lesser, subject to section 4.7 of By- law No. 79-200 (f) Minimum building step back Above 3 storeys or 10 metres, whichever is lesser, a minimum stepback of 3 metres is to be provided (g) Maximum number of apartment dwellings per lot Not applicable (h) Minimum landscaped open space 35% of lot area which shall include a minimum 3 metre landscape open space strip between a street and parking space (i) Maximum projection of a one or two storey roofed over porch or balcony i. Into a required front yard or exterior side yard of a townhouse dwelling 1.5 metres ii. Into a required privacy yard of a townhouse dwelling 2.5 metres (j) Parking space A parking space in a garage shall be unobstructed and free of structures and encroachments (k) The balance of regulations specified for a GC use. 16. The regulations governing the permitted uses on those portions of the Lands zoned I-1208 shall be: (a) Maximum height of building or structure 6 storeys or 25 metres, whichever is the lesser, subject to section 4.7 of By-law No. 79-200 (b) Outside storage Not permitted (c) Minimum landscape open space 5% of the lot area which shall include a minimum 3 metre landscape open space strip between a street and parking space Page 433 of 457 22 (d) The balance of regulations specified for an I use. 17. The regulations governing the permitted uses on those portions of the Lands zoned I-1209 shall be the regulations of the I zone. 18. The regulations governing the permitted uses on those portions of the Lands zoned EPA-1210 shall be the regulations of the EPA zone. 19. The regulations governing the permitted uses on those portions of the Lands zoned OS-1211 shall be: (a) Minimum lot frontage Not applicable (b) Minimum lot area Not applicable (c) The balance of regulations specified for an OS use. 20. The regulations governing the permitted uses on those portions of the Lands zoned EPA-1212 shall be the regulations of the EPA zone. 21. 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. 22. For the purposes of this by-law: “Assisted living for special needs groups” means a community agency offering support and places to live that address the needs of people with special needs and or developmental disabilities. “Back-to-back townhouse dwelling” means a building containing four but not more than 16 dwelling units divided by vertical common walls above grade with a common rear wall. “Height limit arc” means an arc, labelled as Height Limit Arc on Schedule 1 , attached hereto, to which additional site specific height regulations apply to lands located north and west of this arc, as specified in this by-law. Buildings and structures located partially on the height limit arc shall be interpreted to be located west and north of the height limit arc. “Research, innovation, and development facilities” means a building or structure that is focused on the innovation of new products or services. 23. No person shall use the Lands for a use that is not a permitted use. 24. No person shall use the Lands in a manner that is contrary to the regulations. Page 434 of 457 23 25. 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 R2(H) and numbered 1198, R1F(H) and numbered 1199, R1F(H) and numbered 1200, R1F(H) and numbered 1201, R3(H) and numbered 1202, R5D(H) and numbered 1203, R4(H) and numbered 1204, R4(H) and numbered 1205, R5E(H) and numbered 1206, GC(H) and numbered 1207, I(H) and numbered 1208, I(H) and numbered 1209, EPA(H) and numbered 1210, OS(H) and numbered 1211, and EPA(H) and numbered 1212 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 shall complete for each respective phase of development to the satisfaction of the Niagara Region: • An Overall Servicing Strategy; • An Updated Land Use Compatibility Study; and • An Environmental Strategy 26. The provisions of this by-law shall be shown on Sheets B7 and B8 of Schedule “A” of By-law No. 79-200 by redesignating the Lands from OS and numbered 774, in part, OS(H) and numbered 775, in part, and OS(H) and numbered 776, in part, to designated R2(H) and numbered 1198, R1F(H) and numbered 1199, R1F(H) and numbered 1200, R1F(H) and numbered 1201, R3(H) and numbered 1202, R5D(H) and numbered 1203, R4(H) and numbered 1204, R4(H) and numbered 1205, R5E(H) and numbered 1206, GC(H) and numbered 1207, I(H) and numbered 1208, I(H) and numbered 1209, EPA(H) and numbered 1210, OS(H) and numbered 1211, and EPA(H) and numbered 1212. 27. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1198 Refer to By-law No. 2023-080. 19.1.1199 Refer to By-law No. 2023-080. 19.1.1200 Refer to By-law No. 2023-080. 19.1.1201 Refer to By-law No. 2023-080. 19.1.1202 Refer to By-law No. 2023-080. 19.1.1203 Refer to By-law No. 2023-080. 19.1.1204 Refer to By-law No. 2023-080. Page 435 of 457 24 19.1.1205 Refer to By-law No. 2023-080. 19.1.1206 Refer to By-law No. 2023-080. 19.1.1207 Refer to By-law No. 2023-080. 19.1.1208 Refer to By-law No. 2023-080. 19.1.1209 Refer to By-law No. 2023-080. 19.1.1210 Refer to By-law No. 2023-080. 19.1.1211 Refer to By-law No. 2023-080. 19.1.1212 Refer to By-law No. 2023-080. Read a First, Second and Third time; passed, signed and sealed in open Council this 15th day of August, 2023. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2023\AM-2023-002 - Grand Niagara (PID 6228 Grassy Brook Road)\9 By-law\AM-2023-XXX updated Aug 8 FINAL.docx Page 436 of 457 25 APPENDIX “A” Legal Description PT LT 3 CON BROKEN FRONT CROWLAND AS IN RO470830; S/T AA68754 PT LTS 3 & 4 BROKEN FRONT CON CROWLAND AS IN RO548979 (FIRSTLY); EXCEPT PTS 3 – 14 INCL. 59R12554; S/T CR18048, CR19077, AA68179, AA68755; PT LTS 3 & 4 BROKEN FRONT CON CROWLAND PTS 3, 4, 5 & 6 59R12554; S/T AA68179, AA68755; SUBJECT TO AN EASEMENT IN GROSS OVER PARTS 3 & 6 PLAN 59R13390 AS IN SN704910 PT LT 3 CON BROKEN FRONT CROWLAND; PT LT 4 CON BROKEN FRONT CROWLAND, PTS 2, 5, 6 & 7 59R13238 EXCEPT PTS 1 & 5 59R13390, CLOSED BY BYLAW SN171595; S/T EASEMENT OVER PT 6 59R13238 AS IN AA68755; S/T EASEMENT OVER PT 18 59R13390 AS IN AA68755; S/T EASEMENT IN GROSS OVER PTS 17, 18 & 19 59R13390 AS IN SN186407; PT LTS 3 & 4 BROKEN FRONT CON CROWLAND PTS 7 -14 INCL 59R12554; S/T CR18048, CR19077, AA68179, RO647432 PT LT 3 CON BROKEN FRONT CROWLAND AS IN RO685378; S/T AA68752; CITY OF NIAGARA FALLS PIN: 64262-0270 (LT) PT LT 4 BROKEN FRONT CON CROWLAND PTS 15 –21 INCL 59R12554 S/T AA68047, RO648013; PT LT 1 CON BROKEN FRONT CROWLAND; PT LT 2 CON BROKEN FRONT CROWLAND; AS IN RO406733; S/T AA83220, AA83221, AA83365 PT RDAL BTN LTS 2 & 3 CON BROKEN FRONT CROWLAND BEING PT 1 ON 59R12158; PT LTS 3 & 4 BROKEN FRON CON CROWLAND AS IN RO756807 EXCEPT PTS 15 – 21 INCL. 59R12554; S/T AA68047; CITY OF NIAGARA FALL S PIN: 64262-0271 (LT) PT LT 4 CON BROKEN FRONT CROWLAND AS IN RO150942; NIAGARA FALLS; SUBJECT TO AN EASEMENT IN GROSS OVER PART 20, 59R13390 AS IN SN704909; PT LTS 2, 3 & 4 BROKEN FRONT CON CROWLAND; PT RDAL BTN LTS 2 & 3 BROKEN FRONT CON CROWLAND (AS CLOSED BY BYLAW AA76417) BEING PTS 1 & 2, 59R11568 EXCEPT PTS 1 & 2, 59R12554; S/T EASE OVER PT 2 59R11568 IN FAVOUR OF PTS 1, 2, 3 & 4 59R9648 EXCEPT PTS 1 & 2 59R11568 AS IN LT211765; PT LTS 2, 3 & 4 BROKEN FRONT CON CROWLAND; PT RDAL BTN LTS 2 & 3, BROKEN FRONT CON CROWLAND PTS 1 & 2 59R12554; NIAGARA FALLS; SUBJECT TO AN EASEMENT IN GROSS OVER PARTS 2 & 4 PLAN 59R13390 AS IN SN704910; CITY OF NIAGARA FALLS PIN: 64262-0272 (LT) PT LT 1 CON BROKEN FRONT CROWLAND; PT 2 CON BROKEN FRONT CROWLAND AS IN RO548979; S/T AA83220; NIAGARA FALLS PIN: 64262-0091 (LT) Page 437 of 457 Page 438 of 457 CITY OF NIAGARA FALLS By-law No. 2023-081 A by-law to amend By-law No. 79-200, to permit a stacked townhouse dwelling containing ten dwelling units that may be used as vacation rental units (AM-2023-003). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by 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. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) The uses permitted in a TC zone (b) A stacked townhouse dwelling (c) A vacation rental unit within a dwelling unit, that complies with the regulations set out in section 4.38 of By-law No. 79-200 5. The regulations governing the permitted uses shall be: (a) Minimum rear yard depth 9.0 metres (b) Maximum height of building or structure 12.5 metres, subject to section 4.7 (c) Minimum parking stall length for the stall closest to the manoeuvring aisle when parked in tandem 5.6 metres Page 439 of 457 (d) Minimum manoeuvring aisle 6.0 metres (e) The balance of regulations specified for a TC use 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet D3 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from TC to TC-1217 and numbered 1217. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1. 1217 Refer to By-law No. 2023-081. Read a First, Second and Third time; passed, signed and sealed in open Council this 15th day of August, 2023. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 440 of 457 Page 441 of 457 CITY OF NIAGARA FALLS By-law No. 2023 - 082 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule “A” and that Schedule “A” attached hereto shall be inserted in lieu thereof. Read a first, second, third time and passed. Signed and sealed in open Council on this 15TH day of August, 2023. ............................................................... ........................................................... WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 442 of 457 SCHEDULE “A” 1. Chief Building Official: Luciano Chieca 2. Deputy Chief Building Official: Kira Dolch 3. Inspectors: Ned Mijatovich Gary Graziani Jehad Ochana Fred Sacco Sandro Elia Effat Effat Ellen Roupas Jesse Mancino Tyler Esau Cesar Ramires Frank Genovese Kathy Repergel Louie Baldinelli Chan Chen Jo Zambito Ben Trendle Frank Devereaux Kellie Kubik Doug Collee Ron Massolin Ken Henry Kadri Lambert Meghan Edgar Karen Borne 4. Municipal Enforcement Officers: Gerald F. Spencer Doug Evans Mike Formica Brian Sparks Heather Stones Patrick Vernon Jana Mills Jonathan Cook Page 443 of 457 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2023 – 083 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Designated Lanes, Standing Prohibited, 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 removing to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Main St. (Chippawa) North Sodom Rd./Lyon’s Creek Rd. and Willoughby Dr./Cummington Sq. W At All Times Main St. (Chippawa) Main St. (Chippawa) South South Dock St. and Willoughby Dr./Cummington Sq. W Sodom Rd./Lyon’s Creek Rd. and a point 20 m east of Main Street At All Times At All Times Page 444 of 457 (b) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Main Street (Chippawa) Main Street (Chippawa) Main Street (Chippawa) South South North Sodom Road/Lyon’s Creek Road and a point 50 metres west of Willoughby Drive/ Cummington Square West Willoughby Drive/Cummington Square West and a point 20 metres east of Willoughby Drive/ Cummington Square West Laura Second Place and Dock Street At All Times At All Times At All Times Main Street (Chippawa) Main Street (Chippawa) Main Street (Chippawa) North North North A point 32 metres west of Dock Street and Thibert Street Thibert Street and Oliver Street Oliver Street and a point 34 metres west of Oliver Street At All Times At All Times At All Times Main Street (Chippawa) Main Street (Chippawa) North North A point 77 metres west of Oliver Street and Sophia Avenue Sophia Avenue and a point 135 metres west of Sophia Avenue At All Times At All Times Main Street (Chippawa) North A point 12 metres west of Greenwood Street and Sodom Road At All Times (c) by adding to the specified columns of Schedule U thereto the following item: DESIGNATED LANES COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 DESIGNATED LANES COLUM 4 TIMES/DAYS COLUMN DIRECTION Main Street (Chippawa) A point 40 metres east of Sodom Road And Willoughby Drive/ Cummington Square West 1.5 m curb lane for cyclists only At All Times Eastbound and Westbound Page 445 of 457 (d) by adding to the specified columns of Schedule B thereto the following items: STANDING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Main Street (Chippawa) North A point 41 metres west of Willoughby Drive and Laura Secord Place At All Times Main Street (Chippawa) North Dock Street and a point 32 metres west of Dock Street At All Times Main Street (Chippawa) North A point 34 metres west of Oliver Street and a point 77 metres west of Oliver Street At All Times Main Street (Chippawa) North A point 26 metres east of Greenwood Street and a point of 12 metres west of Greenwood Street At All Times (e) 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 Main Street (Chippawa) North Willoughby Drive/Cummington Square West and a point 41 metres west of Willoughby Drive At All Times Main Street (Chippawa) South Willoughby Drive/Cummington Square West and a point 50 metres west of Willoughby Drive At All Times This By-law shall come into force when the appropriate signs are installed. Read a first, second, third time and passed. Signed and sealed in open Council on this 15TH day of August 2023. ............................................................... ........................................................... WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 446 of 457 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2023 - 084 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Stop Signs at Intersections) --------------------------------------------------------------- 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 column of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Eclipse Way West and North A point 55 metres north of Shuttleworth Drive and a point 90 metres north/west of Shuttleworth Drive At All Times Prospect Street South A point of 140 m west of Portage Road and a point of 17 m west of Portage Road At All Times Except by Permit Page 447 of 457 b) 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 Glenview Ave. West River Rd. and a point 55 m south of River Rd. At All Times Except By Permit c) by removing from the specified column of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Stamford Green Dr. Both A point 165 m east of Dorchester Rd. and a point 220 m east of Dorchester Rd. 8:00 a.m. to 4:30 p.m. Mon. to Fri. d) by adding to the specified column of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Rolling Acres Drive East Cambridge Street and a point 15 m north of Cambridge Street At All Times Rolling Acres Drive Both Cambridge Street and a point 15 m south of Cambridge Street At All Times Cambridge Street Both Rolling Acres Drive and a point 15 m west of Rolling Acres Drive At All Times Page 448 of 457 e) by adding to the specified column of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Desson Avenue and Forsythe Street Northbound on Desson Avenue Desson Avenue and Forsythe Street Southbound on Desson Avenue This By-law shall come into force when the appropriate signs are installed. Read a first, second, third time and passed. Signed and sealed in open Council on this 15TH day of August, 2023. ............................................................... ........................................................... WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 449 of 457 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2023 - 085 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Meter 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 removing from the specified columns of Schedule G thereto the following items: PARKING METER ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM TIMES/DAYS HOURS Fallsview Blvd. West A point 77 m south of Robinson St. and a point 112 m south of Robinson St. $3.50/1 hour $1.75/30 minutes $1.75 minimum payment 5 hours 6:00 a.m. to 3:00 a.m. Daily Fallsview Blvd. West A point 28 m north of Robinson St. and a point 53 m south of Ferry St. $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment 8 hours 6:00 a.m. to 3:00 a.m. Daily Fallsview Blvd. East A point 155 m north of Murray St. and a point 271 m north of Murray St. $3.50/1 hour $1.75/30 minutes $1.75 minimum payment 5 hours 6:00 a.m. to 3:00 a.m. Daily Fallsview Blvd. East A point 29 m north of Robinson St. and a point 60 m south of Ferry St. $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment 8 hours 6:00 a.m. to 3:00 a.m. Daily Page 450 of 457 (b) by removing from the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Fallsview Blvd. West Murray St. and a point 112 m south of Robinson Street At All Times Tow Away Zone Fallsview Blvd. West Robinson St. and a point 28 m north of Robinson St. At All Times Tow Away Zone Fallsview Blvd. West Ferry St. and a point 53 m south of Ferry St. At All Times Tow Away Zone Fallsview Blvd. East Robinson St. and a point 30 m south of Robinson St. At All Times Tow Away Zone Fallsview Blvd. East A point 45 m north of Murray St. and a point 155 m north of Murray St. At All Times Tow Away Zone Fallsview Blvd. East Robinson St. and a point 29 m north of Robinson St. At All Times Tow Away Zone Fallsview Blvd. East Ferry St. and a point 60 m south of Ferry St. At All Times Tow Away Zone Fallsview Blvd. East Murray St. and a point 15 m north of Murray St. At All Times Tow Away Zone (c) by adding to the specified columns of Schedule G thereto the following items: PARKING METER ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM TIMES/DAYS HOURS Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard West West West West A point 48 metres south of Ferry Street and a point 62 metres south of Ferry Street A point 76 metres south of Ferry Street and a point 104 metres south of Ferry Street A point 121 metres south of Ferry Street and a point 222 metres south of Ferry Street A point 241 metres south of Ferry Street and a point 270 metres south of Ferry Street $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment 8 hours 8 hours 8 hours 8 hours 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 451 of 457 Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard West East East East East East East West West West East East A point 287 metres south of Ferry Street and a point 297 metres south of Ferry Street A point 56 metres south of Ferry Street and a point 82 metres south of Ferry Street A point 90 metres south of Ferry Street and a point 96 metres south of Ferry Street A Point 137 metres south of Ferry Street and a point 148 metres south of Ferry Street A point 163 metres south of Ferry Street and a point 186 metres south of Ferry Street A point 203 metres south of Ferry Street and a point 271 metres south of Ferry Street A point 293 metres south of Ferry Street and a point 318 metres south of Ferry Street A point 32 metres south of Robinson Street and a point 63 metres south of Robinson Street A point 78 metres south of Robinson Street and a point 123 metres south of Robinson Street A point 140 metres south of Robinson Street and a point 171 metres south of Robinson Street A point 26 metres south of Robinson Street and a point 54 metres south of Robinson Street A point 78 metres south of Robinson Street and a point 145 metres south of Robinson Street $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment 8 hours 8 hours 8 hours 8 hours 8 hours 8 hours 8 hours 8 hours 8 hours 8 hours 8 hours 8 hours 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. 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 452 of 457 Fallsview Boulevard East A point 160 metres south of Robinson Street and a point 167 metres south of Robinson Street $3.50/1 hour $1.75/30 minutes $14.00/8 hours $1.75 minimum payment 8 hours 6:00 a.m. to 3:00 a.m. Daily (d) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Fallsview Boulevard West Ferry Street and a point 48 metres south of Ferry Street At All Times Tow Away Zone Fallsview Boulevard West A point 62 metres south of Ferry Street and a point 76 metres south of Ferry Street At All Times Tow Away Zone Fallsview Boulevard Fallsview Boulevard West West A point 104 metres south of Ferry Street and a point 121 metres south of Ferry Street A point 222 metres south of Ferry Street and a point 241 metres south of Ferry Street At All Times Tow Away Zone At All Times Tow Away Zone Fallsview Boulevard West A point 270 metres south of Ferry Street and a point 287 metres south of Ferry Street At All Times Tow Away Zone Fallsview Boulevard West A point 297 metres south of Ferry Street and Robinson Street At All Times Tow Away Zone Fallsview Boulevard East Ferry Street and a point 56 metres south of Ferry Street At All Times Tow Away Zone Fallsview Boulevard East A point 82 metres south of Ferry Street and a point 90 metres south of Ferry Street At All Times Tow Away Zone Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard Fallsview Bouevard Fallsview Boulevard East East East East East West West West A point 96 metres south of Ferry Street and a point 137 metres south of Ferry Street A point 148 metres south of Ferry Street and a point 163 metres south of Ferry Street A point 186 metres south of Ferry Street and a point 203 metres south of Ferry Street A point 271 metres south of Ferry Street and a point 293 metres south of Ferry Street A point 318 metres south of Ferry Street and Robinson Street Robinson Street and a point 32 metres south of Robinson Street A point 63 metres south of Robinson Street and a point 78 metres south of Robinson Street A point 123 metres south of Robinson Street and a point 140 metres south of Robinson Street At All Times Tow Away Zone At All Times Tow Away Zone At All Times Tow Away Zone At All Times Tow Away Zone At All Times Tow Away Zone At All Times Tow Away Zone At All Times Tow Away Zone At All Times Tow Away Zone Page 453 of 457 Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard Fallsview Boulevard West East East East East A point 171 metres south of Robinson Street and Murray Street Robinson Street and a point 26 metres south of Robinson Street A point 54 metres south of Robinson Street and a point 78 metres south of Robinson Street A point 145 metres south of Robinson Street and a point 160 metres south of Robinson Street A point 167 metres south of Robinson Street and a point 253 metres south of Robinson Street At All Times Tow Away Zone At All Times Tow Away Zone At All Times Tow Away Zone At All Times Tow Away Zone At All Times Tow Away Zone This By-law shall come into force when the appropriate signs are installed. Read a first, second, third time and passed. Signed and sealed in open Council on this 15TH day of August, 2023. ............................................................... ........................................................... WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 454 of 457 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2023 - 086 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Community Safety Zones, Speed Limits on Highways) --------------------------------------------------------------- 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 column of Schedule AD thereto the following items: COMMUNITY SAFETY ZONES COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 TIMES/DAYS Dorchester Road A point 45 metres south of McLeod Road and a point 80 metres north of Lundy's Lane At All Times Dorchester Road A point 130 metres south of Thorold Stone Road and a point 20 metres north of Wilinger Street At All Times Dunn Street A point 10 metres west of Dorchester Road and a point 22 metres east of Drummond Road At All Times Drummond Road A point 58 metres south of Lundy's Lane and a point 19 metres south of Prospect Street At All Times Kalar Road A point 28 metres north of Thorold Stone Road and a point 272 metres south of Mount Carmel Boulevard At All Times Morrison Street A point 20 metres east of Portage Road and a point 78 metres west of Sixth Avenue At All Times O'Neil Street Dorchester Road and a point 50 metres west of Portage Road At All Times Valley Way Houck Drive and a point 44 metres west of Fourth Avenue At All Times Page 455 of 457 b) by removing from the specified column of Schedule W thereto the following item: SPEED LIMITS ON HIGHWAYS (PART 4 – 80 KM/H) COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED KM/H Kalar Road Mount Carmel Boulevard and Montrose Road 80 c) by adding to the specified column of Schedule W thereto the following item: SPEED LIMITS ON HIGHWAYS (PART 3 – 70 KM/H) COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED KM/H Kalar Road Mount Carmel Boulevard. and Montrose Road 70 This By-law shall come into force when the appropriate signs are installed. Read a first, second, third time and passed. Signed and sealed in open Council on this 15TH day of August, 2023. ............................................................... ........................................................... WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 456 of 457 CITY OF NIAGARA FALLS By-law No. 2023 – 087 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 15th day of August, 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 15th day of August 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 15th day of August, 2023. .............................................................. ............................................................. BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 457 of 457