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10-03-2023 AGENDA City Council Meeting 4:00 PM - Tuesday, October 3, 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: Tammy Armeni (singing live in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 2. IN CAMERA SESSION OF COUNCIL 2.1. Resolution to go In-Camera (added) October 3, 2023 - Resolution to go In-Camera 11 3. ADOPTION OF MINUTES 3.1. Council Minutes of September 12, 2023 City Council - 12 Sep 2023 - Minutes - Pdf 12 - 24 3.2. Council Minutes of September 19, 2023 (Special Council Meeting) (Added) City Council - 19 Sep 2023 - Minutes - Pdf 25 - 26 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 / APPOINTMENTS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. Page 1 of 345 6.1. Civic Recognition - Greater Niagara Baseball Association (GNBA) - Niagara Falls 12U Falcons The Niagara Falls 12U Falcons, GNBA baseball team competed in the Ontario Baseball Association Provincial Championship in Chatham, Ontario, in the "A" division against 11 other teams and won the championship. The team will be recognized for their achievement. 6.2. Birchway Niagara (formerly Women's Place of South Niagara) Amanda Braet, Director of Development & Stewardship from Birchway Niagara, along with Amy Layton, Founder of the Lip Sync Niagara Fundraiser, will present to Council about a third- party fundraiser taking place to support Birchway Niagara, the Lip Sync Battle. This year marks the 8th year for the event and to date has raised over $57,000.00 to support our services. Specifically, the request from Council is the following: - to request that individual Councillors consider purchasing tickets to attend. - to include information and a link for people to purchase tickets on the city website. Birchway Niagara - Request to speak before Council Presentation - Lip Sync 27 - 35 7. PLANNING MATTERS 7.1. PBD-2023-057 (Public Meeting) (Agent presentation added) AM-2023-012, Zoning By-law Amendment 8178 Thorold Stone Road Proposal: To rezone a portion of the property from R1C to a site specific R1E zone to facilitate the creation of a new lot and construction of a new detached dwelling Applicant: Anthony Vacca Tyler Galloway, Student Planner, Planning Department, will provide an overview of Report PBD-2023-057. PBD-2023-057 - Pdf Presentation (Staff) - AM-2023-012 - Public Meeting (REVISED) 36 - 68 Page 2 of 345 Presentation - (Agent) - 8178 Thorold Stone Road - 2022-03-10 (3) Comments from Resident - Item 7.1 8. REPORTS 8.1. CLK-2023-07 2024 Council Schedule CLK-2023-07 - Pdf 69 - 71 8.2. HR-2023-02 Whistle-Blower Corporate Policy HR-2023-02 - Pdf 72 - 80 8.3. PBD-2023-58 (Report and letter added) Building Permit Fee Review PBD-2023-58 - Pdf Letter to Mayor Diodati re Building Permit Fees_Oct 2 2023 81 - 121 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-2023-27 2023 Q2 Parking Fund Budget to Actual Variance (Unaudited) F-2023-27 - Pdf 122 - 125 9.2. PBD-2023-59 GTY-2019-002, Gateway Economic Community Improvement Plan and Municipal Employment Incentive Program Application 6162 Progress Street Applicant: 1992328 Ontario Inc. 126 - 132 Page 3 of 345 PBD-2023-59 - Pdf 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Communications section of the agenda is a set of items listed as correspondence to Council that could be approved in one motion of Council. If Staff feel that more than one recommendation is required, the listed communications items will be grouped accordingly. The single motion per recommendation, if required, will save time. Prior to any motion being taken, a Councillor may request that one or more of the items be lifted for discussion and considered separately. RECOMMENDATION: THAT Council approve/support Item #10.1 through to and including Item #10.6. 10.1. Proclamation Request - Fire Prevention Week 2023 Fire Chief Jo Zambito is requesting Council to proclaim the week of October 8 to 14, 2023 as "Fire Prevention Week." This year's theme is "Cooking safety starts with YOU. Pay attention to fire prevention." Recommendation: For the Approval of Council. Proclamation Request - Fire Prevention Week 2023 - City Clerks Memo 2023 Proclamation Fire Prevention Week 2023 133 - 134 10.2. Proclamation Request - Mike Glavcic Day - Wednesday, December 6th, 2023 Denise Mateyk, President of St. George & St. Archangel Michael Serbian Orthodox Church, is requesting Council proclaim Wednesday, December 6th, 2023 as "Mike Glavcic Day." Recommendation: For the Approval of Council. Proclamation Request - MIKE GLAVCIC DAY IN NIAGARA FALLS - DEC 6/23 135 - 136 10.3. Proclamation Request - Lung Cancer Awareness Month - November 2023 137 - 138 Page 4 of 345 A local resident is requesting that Council proclaim the month of November 2023 as "Lung Cancer Awareness Month." Recommendation: For the Approval of Council. Proclamation Request - Lung Cancer Awareness Month - November 2023 10.4. Resolution - Correspondence from Niagara Region Attached is a resolution from the Niagara Region regarding Equity, Diversity and Inclusion and the Damaging Impacts of Hate and Intolerance. Recommendation: For Council’s Consideration and Support. CLK-C 2023-109 CSC-C 18-2023 - Equity, Diversity and Inclusion and the Damaging Impacts of Hate and Intolera nce 139 - 141 10.5. Resolution - Town of Fort Erie - Region's 2023 Operating Budget Levy Approval Attached please find a copy of a resolution passed by Fort Erie Council at its Special Meeting of September 25, 2023 Recommendation: For Council Consideration and Support. Town of Fort Erie - Resolution - Region 2024 Operating Budget Levy Approval 142 10.6. Resolution: Town of Parry Sound - Requesting Provincial Regulations regarding Short-Term Rental Digital Platforms At its September 19th Meeting, Town of Parry Sound Council passed Resolution 2023-138, as attached, which supports the call of other municipalities for provincial regulation of short-term rental digital platforms. Recommendation: For Council Consideration and Support. Resolution - Town of Parry Sound - 2023-138 request Province for regulations-short-term rental digital platforms 143 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Page 5 of 345 RECOMMENDATION: THAT Council receive and file for information Item #11.1 through to and including Item #11.8. 11.1. Resolution - City of Cambridge - Declaring Intimate Partner Violence (IPV) an Epidemic Attached is a copy of a motion passed by Cambridge City Council on September 12, 2023 regarding Declaring Intimate Partner Violence (IPV) and Epidemic. Recommendation: For the Information of Council. Resolution - City of Cambridge - September 12, 2023 144 - 145 11.2. Resolution - City of Quinte West - Support of Municipality of Wawa re: Chronic Pain Treatments At their meeting on September 20, 2023, the Council of the Municipality of Quinte West carried support in reference to Motion No 23-356 regarding "The Municipality of Wawa - Chronic Pain Treatments". Recommendation: For the Information of Council. Resolution - City of QW Council Support - Wawa - Chronic Pain Treatment 146 - 148 11.3. Resolution - Town of Midland - "Catch and Release" Justice is Ontario Attached is a resolution of support regarding the Catch and Release Justice is Ontario, passed by the Town of Midland Council at its September 6, 2023 meeting. Recommendation: For the Information of Council. Resolution - Town of Midland - Letter-Catch and Release Justice is Ontario - September 8, 2023 149 11.4. Resolution - Northumberland County - Highway Traffic Act Amendments Attached is a resolution of support regarding "Highway Traffic Act Amendments," passed by Northumberland County Council at its September 20th, 2023 meeting. Recommendation: For the Information of Council. Resolution - Northumberland County Resolution - Support 'Highway Traffic Act Amendments' 150 - 155 Page 6 of 345 11.5. Resolution - Town of Aurora - Council Opposition to Strong Mayor Powers in Aurora Atttached is a resolution from the Town of Aurora Council meeting of September 26, 2023, regarding a resolution adopted by Council respecting Aurora Council Opposition to Strong Mayor Powers in Aurora. Recommendation: For the Information of Council. Resolution - Town of Aurota - Letter-Aurora Council Opposition- StrongMayorPowers-Aurora 156 - 159 11.6. Resolution - County of Brant - Guaranteed Livable Income Attached is a resolution from the County of Brant regarding the Guaranteed Livable Income Recommendation: For the Information of Council. Resolution - County of Brant Motion of support of the Town of Grimsby's resolution- to Municipalities 160 - 161 11.7. Comments from resident Comments from Resident 162 - 189 11.8. Resolution - Support B/Nai Brith's Demand - Deschenes Commission Report - War Criminals Attached is a resolution requesting Niagara Falls City Council support the request for the immediate release of all documentation pertaining to the 1986 Commission of Inquiry on War Criminals in Canada including an unredacted version of the Rodal report. Recommendation - For the Information of Council. Resolution - 190 - 192 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Memo to Council - Municipal Response to Housing Affordability Task Force's Recommendations Response to The Honourable Paul Calandra, Minister of Municipal Affairs and Housing letter of September 15, 2023 requesting a Response to the Housing Affordability Task Force. It is recommended: 193 - 326 Page 7 of 345 1.THAT the following Task Force recommendations be endorsed as the top 5 recommendations, and the associated comments be provided to the Minister of Municipal Affairs and Housing . •Recommendation 56 (Originally No. 48): The Ontario government should establish a large “Ontario Housing Delivery Fund” and encourage the federal government to match funding. This fund should reward: a) Annual housing growth that meets or exceeds provincia l targets b) Reductions in total approval times for new housing c) The speedy removal of exclusionary zoning practices. Comment: Funding for large scale affordable housing projects is supported, however it should be noted that while the City can address procedures to efficiently bring projects to a shovel ready status the actual construction of projects depends on the private sector (developers and builders). It is recommended that further measures to encourage the private sector to develop vacant lands that are shovel ready be considered by the Province. •Recommendation 38 (Originally No. 31): In clearing the existing backlog, encourage the Tribunal to prioritize projects close to the finish line that will support housing growth and intensification, as well as regional water or utility infrastructure decisions that will unlock significant housing capacity. •Recommendation 50 (Originally No. 42): Provide provincial and federal loan guarantees for purpose built rental, affordable rental and affordable ownership projects. •Recommendation 51 (Originally No. 43): Enable municipalities, subject to adverse economic events, to withdraw infrastructure allocations from any permitted projects where construction has not been initiated within three years of building permits being issued. Comment: Consideration should also be given to enabling municipalities to withdraw infrastructure allocations to projects which have received zoning, subdivision or site plan approvals but have not been initiated within three years of approvals being granted. •Recommendation 53 (Originally No. 45): Improve funding for colleges, trades schools, and apprenticeships, encourage and incentivize municipalities, unions and employers to provide more - on-the-job training. Page 8 of 345 Comment: Staff recognize that substantially increasing the rate at which housing is constructed depends on increasing the number of skilled tradespersons and support initiatives to do so. Staff also note that municipalities may need to increase staffing to process Building and Planning applications as well as advancing municipal infrastructure projects. 2.THAT the Minister of Municipal Affairs and Housing be advised that support of these recommendations is contingent on funding being provided to the new South Niagara Falls Waste Water Treatment Plant. Memo to Council - Municipal Response to Housing Affordabiilty Task Force's Recommendations PBD-2022-10 - Ontario Housing Affordability Task Force Proposal Review 12.2. Memo - Niagara Falls Public Library Attached is a memo from the Niagara Falls Public Library requesting Council to appoint Mr. Fraiman, a community representative, to complete the remainder of the Public Library Board Term. Recommendation: THAT the currency vacancy on the Niagara Falls Public Library Board be filled by Michael Fraiman. Memo to Council re appointment of Library Board Member - Fraiman 327 - 328 13. RATIFICATION OF IN-CAMERA 14. MOTIONS 14.1. MOTION - Public Safety - Welland River (Chippawa Creek) Councillor Nieuwesteeg submitted the attached motion concerning public safety measures in the Welland River. It is recommended: THAT staff bring a report back to Council to see how the City and other appropriate agencies can improve public safety in the Welland River (aka- The Chippawa Creek). Motion from Councillor Nieuwesteeg - Public Safety - Welland River 329 Page 9 of 345 14.2. Motion to Reconsider - 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) Councillor Baldinelli requested that PBD-2023-47 (brought before Council at the August 15, 2023 Council Meeting) be brought back before Council for reconsideration. Motion (from August 15, 2023 Council meeting): ORDERED on the motion of Councillor Lococo, seconded by Councillor Campbell THAT Council deny the request from Staff to amend the Official Plan to convert two industrial designated sites into residential. Memo to Council - Meeting to Reconsider Refusal of OPA 157 330 - 344 15. 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. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2023- 093. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 3rd day of October, 2023. By-law 2023-093 - 03 10 23 - Confirming By-law 345 17. ADJOURNMENT Page 10 of 345 The City of Niagara Falls, Ontario Resolution October 3, 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 October 3, 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. THEREFORE BE IT RESOLVED that on October 3, 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 The Seal of the Corporation be hereto affixed. Carried Unanimously WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 11 of 345 MINUTES City Council Meeting 4:00 PM - Tuesday, September 12, 2023 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, September 12, 2023, at 4:17 PM, in the Council Chambers, with the following members present: PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne Campbell, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson STAFF PRESENT: Jason Burgess, Bill Matson, Erik Nickel, Tiffany Clark, Shelley Darlington, Kira Dolch, Andrew Bryce, Joe Zambito, Serge Felicetti, Margaret Corbett, Heather Ruzylo (present in Chambers) 1. CALL TO ORDER The meeting was called to order at 4:17 PM. 2. IN CAMERA SESSION OF COUNCIL 2.1. Resolutions to go In-Camera Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council enter into an In-Camera session on September 12, 2023 and on September 19, 2023 and October 18, 2023. Carried Unanimously 3. ADOPTION OF MINUTES 3.1. Council Minutes of August 15, 2023 Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli THAT Council approve the minutes of the August 15, 2023 meeting as presented. Carried Unanimously (Councillor Pietrangelo declared a conflict to Items #11.3, #11.6 and #11.11). 4. DISCLOSURES OF PECUNIARY INTEREST Page 1 of 13 Page 12 of 345 a) Councillor Victor Pietrangelo declared a conflict of interest to the following items from the August 15, 2023 Council agenda: • Item #11.3 - Niagara Region Correspondence - PDS 22-2023 - Proposed Provincial Planning Statement - Natural Heritage Policies. • Item #11.6 - NPCA - resolution - as both of these items (#11.3 and #11.6) deal with Provincial Planning Statements and the Councillor's family owns lands that can be affected. • Item #11.11 - Memo - Status of Application - AM-2022-017 - Zoning By- law Amendment - as Councillor's father owns testamentary devise lands. b) Councillor Victor Pietrangelo declared a conflict of interest to the following on the September 12, 2023 agenda: • Item #8.3 - PBD-2023-55 - 2023 Provincial Planning Statement Natural Heritage Policies, as the Councillor's family owns lands that can be affected. • Item #11.4 - Niagara Region Correspondence - PDS-24-2023, as Councillor's parents own land that can be affected. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following: • Irene Collee - mother of Doug Collee of our Fire Prevention Office. • Colin "Barney" Ruddell - Retired Deputy Fire Chief. The Mayor mentioned the following City events: AMO – London •Minister of Transportation •Minister of Infrastructure (Region) Niagara United Soccer Club 50th Anniversary [photo] •(no councillors) Firefighter Recruit Graduation [photo] •(no councillors) Niagara Falls Irish Festival [photo] •Also attended by Councillors Lococo and Patel St. Paul’s Evangelical/ Lutheran Church Final Service [photo] •Also attended by Councillor Lococo Key to the City Presentation – Fred Fox [photo] •Also attended by Councillor Nieuwesteeg, Lococo and Thomson F.H. Leslie Playground Ribbon Cutting [photo] •Also attended by Councillors Nieuwesteeg, Lococo, Baldinelli and Thomson Page 2 of 13 Page 13 of 345 Heater’s Heroes [photo] •Congratulations to Councillors Pietrangelo and Strange •Raised $50K this year •Gruelling- cobwebs/ snakes/ mud/ rocks/ leaky motorhome •Wanted to quit, but couldn’t quit on the kids •Event attended by Councillors Lococo, Nieuwesteeg, Baldinelli and Thomson Our First Annual Charity Community BBQ [photo] •Mike & Armelina Glavcic $1M •$30K raised between Hospice/ Hospital •3-5K attendees •THANK YOU to 100’s of volunteers/ city staff •Sponsors/ Donors/ Community •Attended by all of City Council Councillor Representation Councillor Patel•Onam Celebration with the United Keralites of Niagara •Onam Celebration of MASS Niagara Regional Councillor Morocco•Groundbreaking Ceremony—55 Plus Active Adult Lifestyle Community Flag Raisings [photos for each were shown] •Restoration Day- Dominican Republic oAttended by Councillor Patel •Ukraine’s Independence Day oAttended by Councillor Lococo •Childhood Cancer Awareness Month oAttended by Councillors Baldinelli, Thomson, Patel and Councillors Pietrangelo and Strange virtually from their run •PKD (Polycystic Kidney Disease) Awareness Day oAttended by Councillors Baldinelli, Thomson and Patel Grand Openings & Business Happenings [photos for each were shown] •Kristina’s Kolours 10th Anniversary – (no councillors) •Metro - (no councillors) •High End Cannabis Grand Opening oAttended by Councillor Patel •Hazukido Grand Opening oAttended by Councillors Thomson and Patel b) The next Council meeting is scheduled for Tuesday, October 3rd, 2023. 6. DEPUTATIONS / PRESENTATIONS 6.1. BDD-2023-001 Page 3 of 13 Page 14 of 345 Niagara Falls Economic Development Strategy Angela Davidson, Manager of Business Development, introduced Report BDD- 2023-001 and the Niagara Falls Economic Development Strategy and the consultants from Stiletto, Laura O'Blenis and Tara Sutton, whom led the presentation. Laura O'Blenis, President & CEO of Stiletto and Tara Sutton, Project Lead, made a presentation to Council. Mayor Diodati left the meeting at 5:12 PM, and Councillor Pietrangelo resumed as Chair. At 5:16 PM, Mayor Diodati returned to meeting as Chair. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. THAT Council approve the draft Economic Development Strategy Five Year Plan. Carried Unanimously 7. PLANNING MATTERS 7.1. PBD-2023-53 AM-2023-011 Zoning By-law Amendment Application 5504 Lewis Avenue Applicant: Jingfang Wang Agent: Greg Taras (Urban & Environmental Management Inc.) Councillor Pietrangelo left the meeting at 5:53 PM and returned at 5:58 PM. The Public Meeting commenced at 5:53 PM. Nick DeBenedetti, Planner 2, provided an overview of Report PBD -2023-53. Samantha Bray, Project Manager from Urban & Environmental Management Inc., was in attendance and responded to Council questions. The Public Meeting was closed at 6:02 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Lori Lococo 1. THAT Council approve the Zoning By-law amendment to rezone the property, a site-specific Residential Apartment 5A Density (R5A) Zone to allow Page 4 of 13 Page 15 of 345 the conversion of an existing mixed-use building to an apartment dwelling containing 7 units, subject to the regulations outlined in this report, 2. THAT the amending Zoning By-law include a Holding (H) provision to require a Development Agreement be entered into between the applicant and the City containing noise warning clauses to the satisfaction of the City and the Niagara Region, 3. THAT the Mayor and Clerk be authorized to execute a Development Agreement to the Satisfaction of the City Solicitor; and further, 4. THAT the City Solicitor be authorized to register the Development Agreement on title to 5504 Lewis Avenue in the Land Registry Office at Mr. Jingfang Wang's expense. Carried Unanimously Moved by Councillor Mona Patel Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council enter into an In-Camera session. Carried Unanimously 8. REPORTS At 6:03 PM, Councillors left Chambers to go into an In-Camera session. 8.1. MW-2023-27 Climate Change Adaptation Implementation Plan Rena Viehbeck, from the ICLEI Canada Team, presented to Council and was available, via Zoom, to respond to Council questions. Direction to Staff: Councillor Lococo suggested that Municipal Works' staff provide an annual report on Climate Change and also expressed her interest in being a Champion on Council for the Climate Change Adaptation Implementation Plan. Moved by Councillor Lori Lococo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. THAT City of Niagara Falls Council approves the Climate Change Adaptation Implementation Plan (Adaptation Plan); and further, 2. THAT City of Niagara Falls Council directs staff to proceed with the implementation plan initiatives as outlined in this report; and further, 3. THAT City of Niagara Falls Council direct staff seek funding support through applicable federal and provincial opportunities as they arise, including the Natural Resources Canada Climate Change Adaptation Program, to create a Climate Change Coordinator contract position to lead the implementation of the Adaptation Plan and climate change - related initiatives. Carried Unanimously 8.2. PBD-2023-54 Page 5 of 13 Page 16 of 345 Community Improvement Plan Incentive Programs Review Initiation Report Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell 1. THAT Council receive this report regarding the initiation of a review of the Incentive Programs for the City’s Community Improvement Plans. 2. THAT Council authorize staff to consult key stakeholders through the incentives review process. 3. THAT Council direct Staff to delegate the approval authority for simple grant CIP applications to Staff as discussed in this report. Carried Unanimously 8.3. PBD-2023-55 2023 Provincial Planning Statement Natural Heritage Policies Councillor Pietrangelo left the meeting as he had declared a conflict to this report (PBD-2023-55). Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT Council receive this report for information. Carried (Councillor Lococo was opposed and Councillor Pietrangelo declared a conflict). 8.4. PBD-2023-56 Quarter 2 Development and Housing Report and Provincial Reporting Councillor Pietrangelo returned to Chambers at 7:47 PM. Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell 1. THAT Council receive the Quarter 2 Development and Housing Report that reviews the status of current development and housing activity in the City for the second quarter of 2023. 2. THAT Council direct staff to forward the housing information to the Province as required. 3. THAT Council direct staff to investigate solutions to our City's current rodent issues. Carried Unanimously 9. CONSENT AGENDA 9.1. F-2023-28 Page 6 of 13 Page 17 of 345 2022 (unaudited) Water/Wastewater Fund Budget to Actual Variance report Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli 1. THAT Council RECEIVE report F-2023-28, 2022 (unaudited) Water/Wastewater Fund Budget to Actual Variance report for information. Carried Unanimously 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Proclamation Request - Wear Red Canada Day Wear Red Canada is celebrated annually across Canada on February 13th to raise awareness about women’s cardiovascular health. Organized events held across the country serve as a reminder for everyone, especially women, to be mindful, curious and proactive in the management of their heart health and wellness. The Wear Red Canada team is requesting Council's assistance in proclaiming Tuesday, February 13, 2024 as "Wear Red Canada Day" in Niagara Falls. Recommendation: For the Approval of Council. 10.2. Flag-Raising Request - AIDS Awareness Week; World Aid's Day; Aboriginal AIDS Awareness Week Positive Living Niagara is requesting a flag raising on Thursday, November 23, 2023 in recognition of AIDS Awareness Week (Nov 23 - Dec 1), World AIDS Day (Dec 1) and Aboriginal AIDS Awareness Week (Dec. 1 -8). Recommendation: For the Approval of Council. 10.3. Resolution - City of Thorold - Support of Keeping Paul Bernardo in Maximum Security Placement Attached is a resolution from the City of Thorold requesting support of Council. Recommendation: That Council Support the resolution. 10.4. Flag-Raising Request - United Way United Way Niagara is requesting raising the United Way flag in conjunction with their annual fundraising campaign, during the week of September 25th. Each year, United Way Niagara strive to raise millions of dollars to help provide local families and individuals with a social safety net and we can’t accomplish our goals without the help of local municipalities like the City of Niagara Falls. Page 7 of 13 Page 18 of 345 Recommendation: For the Approval of Council. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council approve/support Item #10.1 through to Item #10.4. Carried Unanimously 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Resolution - Township of Emo - Black Ash Tree - Endangered Species Classification The Township of Emo has passed the attached resolution at the June 14, 2023 Council meeting regarding the Province of Ontario classification of the Black Ash Tree being a species at risk. Recommendation: For the Information of Council. 11.2. Resolution - Township of Severn - Climate Emergency Just Transition Transfer Attached is a resolution from the Township of Severn regarding the Just Transition Transfer (JTT). Recommendation: For the Information of Council. 11.3. Letter from the Honourable Steve Clark, Minister of Municipal Affairs and Housing Attached is a letter from the Minister of Municipal Affairs and Housing regarding the new Building Faster Fund. Recommendation: For the Information of Council. 11.4. Niagara Region Correspondence Attached is correspondence sent from the the Niagara Region regarding the following matters: 1. Niagara Region Report PDS 24-2023 - Approval of City of Niagara Falls Official Plan Amendment No. 147 (Employment Policies) 2. Niagara Region Motion - Support for Association of Municipalities of Ontario (AMO) Municipal Code of Conduct Recommendations Recommendation: For the Information of Council. 11.5. Integrity Commissioner Report - Final Investigation Report - IC-25822- 0823 Attached is a letter and report from the Integrity Commissioner regarding IC - 25822-0823 - Omnibus Complaint re: Various Members of Council. Recommendation: For the Information of Council. Page 8 of 13 Page 19 of 345 Joedy Burdett, resident of Niagara Falls, addressed Council. Councillor Campbell inquired as to the cost of this Integrity Commissioner Report - IC-25822-0823. City Clerk, Bill Matson, informed Council that the cost was $15,407.55. 11.6. Comments from resident Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel THAT Council receive and file for information Item #11.1 though to and including Item #11.6. Carried Unanimously (Councillor Pietrangelo declared a conflict to Item #11.4) 12. COMMUNICATIONS AND COMMENTS OF THE CITY CL ERK 12.1. Noise By-law Exemption - Niagara Falls Curling Club Inc. - Gale Centre Arena Parking Lot The Niagara Falls Curling Club is submitting an Application for Exemption - Noise Control By-law for the consideration of Council. The Event/Entertainment Tent will host live entertainment in support of the International Curling Event (Grand Slam of Curling) that is being hosted inside the Gale Centre Arena from October 17-22, 2023. Recommendation: THAT Niagara Falls Council grant the Niagara Falls Curling Club relief to the City's Noise By-law to allow entertainment from 11:00 AM until 12:30 AM on Thursday, October 19, 2023, Friday, October 20, 2023 and Saturday, October 21, 2023. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Niagara Falls Council grant the Niagara Falls Curling Club relief to the City's Noise By-law to allow entertainment from 11:00 AM until 12:30 AM on Thursday, October 19, 2023, Friday, October 20, 2023 and Saturday, October 21, 2023. Carried Unanimously 13. RESOLUTIONS 13.1. Resolution - AM-2021-010 - Minor Report Resolution As per report PBD-2023-52 on the August 15th Council agenda, please see attached the resolution to deem changes minor to permit a 10.9m exterior side yard width along Montrose Road and to permit a 1.5 metre projection for balconies and canopies into the required side yard. Council approved the Page 9 of 13 Page 20 of 345 report on the August 15th agenda. This resolution was intended to be signed after the approval of the report. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli 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 Carried Unanimously 14. RATIFICATION OF IN-CAMERA Nothing to report or ratify. 15. MOTIONS 15.1. Motion - Amendment to Firework By-law Councillor Patel asked Council to consider approving amendments to the current Firework by-law. It is recommended: 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. Joedy Burdett, resident of Niagara Falls, addressed Council proposing that other holidays be included such as New Year's Eve and New Year's Day. Moved by Councillor Mona Patel Seconded by Councillor Mike Strange THAT staff be DIRECTED to amend By-law No. 2017-101 - Fireworks By-law; to include Diwali and Chinese Lunar New Year. THAT staff INCLUDE amendments to sections 5.4 and 6.1; AND THAT staff REVIEW similar by-laws from other municipalities. Carried Unanimously (Councillor Pietrangelo was absent from the vote). 16. NOTICE OF MOTION/NEW BUSINESS a) NOTICE OF MOTION - Public Safety - Welland River (Chippawa Creek) Councillor Nieuwesteeg submitted the following notice of motion: Page 10 of 13 Page 21 of 345 THAT staff bring a report back to Council to see how the City and other appropriate agencies can improve public safety in the Welland River (aka- The Chippawa Creek). As there was a tragic death recently in the Welland River, a review of what the City can do is an appropriate undertaking for Council and the City. 09 12 2023 - Councillor Nieuwesteeg - Public Safety - Welland River b) Safety Committee Direction to Staff: Councillor Lococo was looking for an update as to the status of forming a safety committee. c) Notice of Motion - PBD-2023-47 Councillor Baldinelli requested that PBD-2023-47 (brought before Council at the August 15, 2023 Council Meeting) be brought back before Council for reconsideration. 17. BY-LAWS 2023- 088. A by-law to provide for the adoption of Amendment No.160 to the City of Niagara Falls Official Plan (AM-2021-010). 2023- 089. A by-law to amend By-law No. 79-200, to permit the use of the lands for a 13- storey and 8-storey apartment dwelling and 10 blocks of 3 storey townhouse dwellings subject to the removal of a holding (H) symbol, and By-law No. 2007-062 is rescinded for the subject lands (AM-2021-010). 2023- 090. A by-law to authorize the execution and registration of an Encroachment Agreement with Vikrampal Singh Moomie and Baljit Kaur Moomie respecting the partial dwelling, front step and covered front entrance porch at 5705 Buchanan Avenue. 2023- 091. 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- 092. A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 12th day of September, 2023. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT the by-laws be read a first, second and third time and passed. Carried Unanimously 18. ADJOURNMENT a) Adjournment Moved by Councillor Wayne Campbell Seconded by Councillor Mona Patel Page 11 of 13 Page 22 of 345 THAT Council adjourn the meeting at 8:45 PM. Carried Unanimously Mayor City Clerk Page 12 of 13 Page 23 of 345 Notice of Motion I am notifying Council of my intent to bring a motion to the next Council meeting to request: That staff bring a report to see how the City and other appropriate agencies can improve public safety in the Welland River AKAThe Chippewa Creek As we know there was a tragic death recently in the River and I believe a review of what the City can do is appropriate undertaking for this Council and the City.Page 13 of 13Page 24 of 345 MINUTES City Council Meeting 3:00 PM - Tuesday, September 19, 2023 Council Chambers The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, September 19, 2023, at 3:06 PM, in the Council Chambers, with the following members present: COUNCIL PRESENT: Councillor Tony Baldinelli, Councillor Lori Lococo, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson COUNCIL ABSENT: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Mona Patel, Councillor Ruth-Ann Nieuwesteeg STAFF PRESENT: Jason Burgess, Bill Matson, Dale Morton, Nidhi Punyarthi, Heather Ruzylo 1 CALL TO ORDER The meeting was called to order at 3:06 PM. (Councillor Pietrangelo called the meeting to order, in Mayor' Diodati's absence). 2 IN CAMERA SESSION OF COUNCIL a) Resolution to go In-Camera (September 19, 2023) Moved by Councillor Wayne Thomson Seconded by Councillor Tony Baldinelli THAT Council enter into an In-Camera session. Carried Unanimously 3 DISCLOSURES OF PECUNIARY INTEREST a) Councillor Tony Baldinelli declared a conflict of interest to Item 2.1 on the In- Camera Agenda. 4 ADJOURNMENT a) Adjournment Moved by Councillor Wayne Thomson Seconded by Councillor Tony Baldinelli THAT Council adjourn the meeting at 3:06 PM. Carried Unanimously Page 1 of 2 Page 25 of 345 Mayor City Clerk Page 2 of 2 Page 26 of 345 1 Heather Ruzylo Subject:Request from Birchway Niagara (formerly Women's Place of South Niagara) From: Amanda Braet <AmandaB@birchway.ca> Sent: Wednesday, September 20, 2023 2:46 PM To: Bill Matson <billmatson@niagarafalls.ca> Cc: Amy Layton <amylayton@royallepage.ca>; Lori Lococo <llococo@niagarafalls.ca> Subject: [EXTERNAL]-Request from Birchway Niagara (formerly Women's Place of South Niagara) Hello Bill I’m reaching out to you for two reasons. 1. Can I please request to speak at an October council meeting about a third-party fundraiser taking place to support Birchway Niagara, the Lip Sync Battle. This event is organized by Royal LePage agent, and Niagara Falls resident Amy Layton. This year marks the 8th year for the event and to date has raised over $57,000.00 to support our services. Specifically, I would like to request the following from council: To purchase a table to participate To include information and a link for people to purchase tickets on the city website, in the news emails To include presentation slides for when I speak 2. When should I be putting in my request for the Gale Centre for the 2024 Book Riot event? I know decisions are made quarterly and I want to ensure that there is sufficient time to advertise leading up to the event. Thank you in advance Bill for your help. I look forward to hearing from you! Amanda Page 27 of 345 2 Amanda Braet B.A., CFRE (She/Her) Director of Development & Stewardship Birchway Niagara | www.birchway.ca 8903 McLeod Rd, Niagara Falls ON, L2H 3S6 P:905-356-3933 ext. 240 | F:905-356-5522 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 scheduled work day or outside of typical business hours. Its quick and easy to support Birchway Niagara. Make an online donation – here! This information is directed in confidence solely to the person named above and may not otherwise be distributed, copied or disclosed. Therefore, this information should be considered strictly confidential. If you have received this email in error, please notify the sender immediately via a return email for further direction. Avis de confidentialité : Les informations contenues dans ce courriel, y compris tous les documents qui y sont joints, sont pour l'usage exclusif du/des destinataire(s) désigné(s) ; car elles peuvent être de nature confidentielle et privilégiée. Toute revue, utilisation, divulgation ou distribution non autorisée est interdite. Si vous n'êtes pas le ou les destinataire(s) désigné(s), veuillez immédiatement en aviser l'expéditeur par courriel et assurez-vous d'avoir détruit toutes les copies du message original. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 28 of 345 We will be a shoulder to lean on, a voice to advocate for, a space to feel safe in, an ally to trust, a guide to navigate, and a counsellor to heal for everyone affected by abuse of all forms.Page 29 of 345 Niagara’s 2022 statistics alone show the magnitude of the problem. •5,160 intimate partner violence calls for service to Niagara Regional Police, resulting in 1,143 criminal investigations; •749 victims of intimate partner violence assisted by Victim Services Niagara, 91 safety plans and 55 revised safety plans due to breaches; •2,571 crisis calls to Birchway Niagara, 233 women and children in shelter and 278 women turned away due to a lack of space; •10,383 crisis calls for Gillian’s Place, 166 adults and 127 children in shelter and 431 people turned away due to lack of space.Page 30 of 345 Amy Layton •Niagara Falls Resident •Ally Against Abuse •Lip Sync Battle Organizer •Raised $57,000 and counting!Page 31 of 345 Page 32 of 345 Page 33 of 345 Page 34 of 345 Page 35 of 345 PBD-2023-057 Report Report to: Mayor and Council Date: October 3, 2023 Title: AM-2023-012, Zoning By-law Amendment 8178 Thorold Stone Road Proposal: To rezone a portion of the property from R1C to a site specific R1E zone to facilitate the creation of a new lot and construction of a new detached dwelling Applicant: Anthony Vacca Recommendation(s) That Council approve the Zoning By-law amendment as detailed in this report to rezone the eastern portion (Part 2) of the subject land a site specific Residential 1E Density (R1E) zone to facilitate the creation of a new lot for the construction of a detached dwelling. Executive Summary Anthony Vacca has requested a Zoning By-law amendment for 8178 Thorold Stone Road to facilitate the creation of a new lot for the construction of a detached dwelling. The amendment is recommended for the following reasons: • The proposed development conforms to Provincial, Regional and City planning policies as it will intensify underutilized land within the urban area, and create additional housing choices for residents; • The requested and recommended site specific provisions are appropriate to regulate the proposed use and ensure compatibility with surrounding properties; and, • The additional detached dwelling and driveway access is not expected to cause any significant impacts or differences with respect to traffic operations, design considerations, or traffic safety on Thorold Stone Road, especially in conjunction with the proposed turnaround. Page 1 of 11 Page 36 of 345 Background Anthony Vacca has requested a Zoning By-law amendment for a parcel of land (Part 2) totaling approximately 0.141 hectares (0.349 acres), as shown on Schedule 1. Schedule 2 shows details of the proposed development. The subject land is zoned Residential 1C (R1C) Density zone, in part, and Hazard Land (HL) zone, in part, in accordance with Zoning By-law 79-200. The applicant is requesting to rezone the eastern portion of the subject land (Part 2 ) to a site specific Residential 1E (R1E) Density zone to facilitate the creation of a new lot for the construction of a detached dwelling. The redevelopment will be more dense than the current development. Site Conditions and Surrounding Land Uses The subject land is located on the south side of Thorold Stone Road, east of Kalar Road. The property is currently developed with a detached dwelling. Directly north of the subject land is the Circle K convenience store and gas station, immediately south is Sh riner’s Creek and detached residential dwellings. To the east and west are detached dwellings. Further west on the south side of Thorold Stone Road is a commercial plaza with several businesses and across the street are detached dwellings. 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: • Regional Municipality of Niagara o No objections to the application, subject to the implementation of the noise mitigation measures, recommendations of the Tree Preservation Plan, and permitting requirements being implemented through the building permit process. o Staff suggest the Regional requirement are better to secure as a condition of consent. A condition of consent will be that the owner submit an undertaking to the City that the recommendations of the Tree Preservation Plan will be specified on the submitted site plan for Building Permit application. Page 2 of 11 Page 37 of 345 • Building Services o Building Permit fees and development charges will be assessed during review of the Building Permit application. • Fire Services, GIS Services, Legal Services, Business Development & Transportation Services o No objections to the application. • Municipal Works o No objections to the application. o Comments and conditions are provided for the future consent application. • Landscape Services o No objections to the application. o Parkland dedication shall be provided as cash-in-lieu at a rate of 5% as a condition of consent. Neighbourhood Comments A neighbourhood open house was held on August 22nd, 2023, and was attended by the applicant and the applicant’s consultant. No additional residents were in attendance to the meeting. No written comments have been received from the public to date. Analysis 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows: • The proposal satisfies matters of provincial interest as outlined in Section 2 of the Planning Act; and, • The proposed intensification is an efficient use of an underutilized residential parcel. 2. Regional Official Plan The subject land is designated Delineated Built-up Area in the Regional Official Plan. The proposed development conforms as follows: Page 3 of 11 Page 38 of 345 • The proposed development is within the urban area and will utilize existing municipal infrastructure and services; and, • It will assist with achieving the City’s minimum residential intensification target of 50% occurring annually within the built-up area. 3. City’s Official Plan The City’s Official Plan designates the subject land as Residential, in part, and Environmental Protection Area, in part. The Environmental Protection Area corresponds with an adjacent watercourse and woodlot. The lands subject to the amendment (Part 2) do not contain the Environmental Protection Area land use designation. The proposal complies with the intent of the Official Plan as follows: • The proposed detached dwelling is permitted under the Residential land use designation that applies to Part 2; • A condition of consent will require the owner to submit a legal undertaking in this regard; • The proposal will minimize urban land consumption and promote the efficient use of underutilized land; • The proposal will facilitate the construction of a detached dwelling. This built form is consistent with the surrounding community and will contribute to the City’s supply of housing; • There are adequate municipal services, and no transportation impacts are expected, as demonstrated through the Transportation Access Review that was submitted with the application; and, • The proposal will contribute to the development of a complete community by creating a residential lot in proximity to existing commercial developments. 4. Zoning By-law 79-200 The applicant has requested to rezone Part 2, as shown on Schedule 2, to a site specific Residential 1E (R1E) Density zone to facilitate the creation of a new lot for the construction of a detached dwelling. Schedule 3 is the draft Zoning By-law. The departures requested from the current regulations are summarized in the following table: Page 4 of 11 Page 39 of 345 ZONE REGULATION EXISTING REGULATION PROPOSED R1E REGULATION STAFF RECOMMENDATION (DETAILS TO FOLLOW) Minimum lot frontage for an interior lot 12 metres 10.6 metres SUPPORT Maximum width of a driveway or parking area in a front yard 60% of the lot frontage but in no case more than 9 metres Maximum driveway width permitted: 6.4 metres 84.4% of the lot frontage but in no case more than 9 metres This will only be to permit a 6m wide turnabout, setback on the property, for vehicular access. SUPPORT The requested regulations can be supported for the following reasons: • The applicant has demonstrated that a detached dwelling that complies with all other regulations, including setbacks, height, parking, landscaped open space, and lot coverage, of the R1E zone can be accommodated on the lot; • Although the lot frontage is deficient, it is still appropriate for a dwelling and the lot area exceeds the minimum lot area requirement of the R1E zone; • The building height, lot coverage, and setback regulations are standard across the R1C and R1E zones and remain unchanged through this proposal. As such, no impacts are anticipated on adjacent properties; • The proposed built form is consistent with surrounding areas. The proposed development represents a compact form of development that minimizes land consumption and promotes the efficient use of municipal infrastructure; • The proposed dwelling is compatible with surrounding land uses; • The proposal allows for infill development and intensification within the built -up area. New infill development will often result in smaller lot areas and frontages, which remains consistent with new development throughout the City and aligns with policy objectives; and, • The relief is required to accommodate an on-site turnaround that will eliminate the need for exiting vehicles to reverse onto Thorold Stone Road, and will increase the safety for all vehicles and pedestrians. It should be noted that 6 metres of the 9 metres of driveway width along the frontage of the proposed lot will be setback on the property to accommodate the turnaround, thus reducing the visual impact on the streetscape. A 9 m driveway is permitted to accommodate a 6 m wide turnaround for vehicular access. Page 5 of 11 Page 40 of 345 Operational Implications and Risk Analysis There are no operational implications associated with this proposal. Financial Implications/Budget Impact The proposed development will provide cash-in-lieu of parkland dedication, development charges, and a new tax assessment. Strategic/Departmental Alignment The proposed development supports the Diverse Housing Strategic Priority as it will contribute to Niagara Falls’ diverse housing market and meeting the needs of people of all ages, incomes, and abilities. List of Attachments Schedule 1- Location Schedule 2- Site Plan Schedule 3- Draft By-law Written by: Tyler Galloway, Student - Planning Submitted by: Status: Andrew Bryce, Director of Planning Approved - 22 Sep 2023 Kira Dolch, General Manager, Planning, Building & Development Approved - 25 Sep 2023 Jason Burgess, CAO Approved - 25 Sep 2023 Page 6 of 11 Page 41 of 345 Schedule 1 Location Map Page 7 of 11 Page 42 of 345 Schedule 2 Proposed Site Plan Page 8 of 11 Page 43 of 345 CITY OF NIAGARA FALLS By-law No. 2023-XXX A by-law to amend By-law No. 79-200, to permit a detached dwelling (AM-2023-012). 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 R1E zone. 5. The regulations governing the permitted uses shall be: a) Minimum lot frontage (i) For an interior lot 10.6 metres b) Maximum width of driveway or parking area in the front yard of a lot 84.4 % of the lot frontage but in no case more than 9 metres to accommodate a maximum 6 metre wide turnaround for vehicular access c) The balance of regulations specified for the R1E zone. 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. Page 9 of 11 Page 44 of 345 9. The provisions of this by-law shall be shown on Sheet B3 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from R1C to R1E and numbered XXX. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.XXXX Refer to By-law No. 2023-XXX. Read a First, Second and Third time; passed, signed and sealed in open Council this Xrd day of November, 2023. .................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 10 of 11 Page 45 of 345 Thorold Stone Rd Glenoaks AvK:\GIS_Requests\2023\Schedule\Zoning2023.aprx 9/5/2023 SCHEDULE 1 TO BY-LAW NO. 2023- Area Affected by this Amendment Amending Zoning By-law No. 79-200 ¯ AM-2022-012 Description: Applicant: Anthony Vacca Assessment: 272503000404000 LOT 11 PL 139 STAMFORD; PT SMITH AV PL 139 STAMFORD (AS CLOSED BY RO363954), PT 1 59R3386; CITY OF NIAGARA FALLS PIN: 64300-0013 (LT) R1E xxxx Page 11 of 11 Page 46 of 345 Address: 8178 Thorold Stone Road Applicant: Anthony Vacca Proposal: To rezone a portion of the property to a site specific R1E Zone to facilitate the creation of a new lot and the construction of a detached dwelling Zoning By-law Amendment Application AM-2023-012 Page 47 of 345 A GREAT CITY…FOR GENERATIONS TO COME Location St. Vincent de Paul Elementary School Detached Dwellings Gas Station Proposed Development Commercial Plaza Detached Dwellings Shriner’s Creek Page 48 of 345 A GREAT CITY…FOR GENERATIONS TO COME Background •Approximately 0.14 ha in size •Official Plan –Designated Residential, in part, and Environmental Protection Area, in part •Zoning –Zoned Residential 1C Density Zone, in part, and Hazard Land Zone in part, in accordance with Zoning By-law No. 79-200 Page 49 of 345 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Page 50 of 345 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning Relief -R1E-XX Max. width of a driveway or parking area in front yard: Proposed: 84.4 % Required: 60.0 % Min. lot frontage: Proposed: 10.6 m Required: 12 m Page 51 of 345 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments •Public Information Open House was held on August 22, 2023 •No members of the public attended, and no public comments have been received Page 52 of 345 A GREAT CITY…FOR GENERATIONS TO COME Recommendation That Council approve the Zoning By-law Amendment, as detailed in Report No. PBD-2023-57.Page 53 of 345 Proposed Zoning By-law Amendment 8178 Thorold Stone Road 2023-10-03 Steven Rivers, MCIP, RPP South Coast Consulting Land Use Planning and Development Project Management Page 54 of 345 Introduction Steven Rivers, MCIP, RPP South Coast Consulting Land Use Planning and Development Project Management 189 Clare Avenue Port Colborne 905-733-8843 info@southcoastconsulting.ca Page 55 of 345 Summary Zoning By-law Amendment to permit a single detached dwelling on the severed parcel: •Frontage reduced from 12m to 10.66m •Driveway increased from 60% to 84.4%Page 56 of 345 Existing Parcel 1410sqm / 30m frontage Official Plan Designation Residential & Environmental Protection Zoning R1C in part and Hazard Land in part Page 57 of 345 Existing Parcel Page 58 of 345 Existing Dwelling Page 59 of 345 Development Concept Page 60 of 345 Technical Considerations •Tree Inventory •Seven (7) trees could be removed due to tree health •Three (3) trees should be removed due to proposed construction •Two (2) trees should be pruned before construction •Access Review •The existing and proposed driveways are supportable Page 61 of 345 Proposed Single Detached Dwelling Page 62 of 345 Advantages of Proposal •Consistent with Provincial, Regional and City Policy encouraging infilling and intensification •Efficient use infrastructure •Increases City tax base resiliency •Development constitutes good planningPage 63 of 345 Planning Considerations •Planning reviews are undertaken by South Coast Consulting and City Planning Staff of the: •Planning Act •Provincial Policy Statement •Growth Plan for the Greater Golden Horseshoe •Niagara Region Official Plan •City of Niagara Falls Official Plan •City of Niagara Falls Zoning By-Law Page 64 of 345 QUESTIONS? P. Leigh Whyte, MCIP, RPP, AICP Manager of Planning T •905 984 8676 x236 C •905 658 5314Page 65 of 345 THANK YOU P. Leigh Whyte, MCIP, RPP, AICP Manager of Planning T •905 984 8676 x236 C •905 658 5314Page 66 of 345 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 #10-03-2023-01 Tuesday October 03, 2023 Comments for the 10 03 2023 Council Meeting Agenda Item 7.1 PBD-2023-057 (Public Meeting) AM-2023-012, Zoning By-law Amendment 8178 Thorold Stone Road Proposal: To rezone a portion of the property from R1C to a site specific R1E zone to facilitate the creation of a new lot and construction of a new detached dwelling Applicant: Anthony Vacca Council, [1] The proposal sounds reasonable, but it is questioned as to why the land was zoned HL in the first place and what measures have been done to alleviate such zoning. [2] During the approval process of the recent prior improvement of the land (house), why was the HL zone not removed at that time? [3] It is recommended to approve the Zoning By-law providing the conditions that triggered the HL zoning are no longer applicable. [4] 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 67 of 345 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 68 of 345 CLK-2023-07 Report Report to: Mayor and Council Date: October 3, 2023 Title: CLK-2023-07 2024 Council Schedule Recommendation(s) THAT Council approve the proposed 2024 meeting schedule. Executive Summary A proposed 2024 Council Meeting schedule is submitted for Council’s consideration. Staff is proposing a similar meeting schedule in 2024 as compared to previous years schedule. The schedule consists mainly of meetings that are three weeks apart, pending holidays, and then scheduled monthly during the Summer. Open meetings of Council will be scheduled to start at 4:00 p.m. while public meetings under the Planning Act can be scheduled for 4:30 p.m., when necessary. During the Summer months for the past few years, Council has been able to schedule meetings at 1:00 p.m. This start time worked well for all involved and the Clerk would suggest that the 1:00 p.m. start time could once again be scheduled for the meetings held in July and August of 2024, should that meet the will of Council. Background Section 5.1 of Council’s Procedural Bylaw (2019-04) states that “All regular meetings of Council shall be held … according to the schedule to be set annually and approved by Council”. As a result, on an annual basis, a new schedule is put forward for Council’s consideration for the upcoming calendar year. Subject to Council’s input, the by-law approving the schedule will be brought forward at the next regularly scheduled Council meeting. Analysis Staff is proposing a schedule mostly consisting of meetings being held every three weeks for 2024 and on occasion, every four weeks when factoring in some holidays. Council should also be reminded that special meetings can be called if needed, as per the Procedural bylaw. In 2023, as to date, Council has already held three Special Meetings to either review the budget or for educational sessions. Additionally, three Page 1 of 3 Page 69 of 345 more Special Meetings have been scheduled before year end, again for budget and educational sessions, as well as to receive direction from Council on certain matters. The 2024 schedule is very similar to the 2023 schedule. Staff have purposely kept scheduled Council meetings away from weeks in which a statutory holiday has fallen, away from March Break, and away from the annual AMO and AMCTO conferences. Strategic/Departmental Alignment Organizational Effectiveness and Efficiency: Ensure that governance structures are appropriate and effective. List of Attachments Calendar-Council Meetings Written by: Bill Matson, City Clerk Submitted by: Status: Bill Matson, City Clerk Approved - 22 Sep 2023 Jason Burgess, CAO Approved - 25 Sep 2023 Page 2 of 3 Page 70 of 345 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY JANUARY FEBRUARY MARCH 2024 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 1 2 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 1 2 3 6 7 8 9 10 13 14 15 16 17 20 21 22 23 24 27 28 29 30 31 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 31 1 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 30 31 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 31 1 2 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 30 Council Meeting Holiday AMCTO ConferenceAMO Conference FCM Conference 1 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 New Year's Day Family Day Good Friday Easter Monday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Christmas Day Boxing Day March Break Page 3 of 3 Page 71 of 345 HR-2023-02 Report Report to: Mayor and Council Date: October 3, 2023 Title: Whistle-Blower Corporate Policy Recommendation(s) THAT Council receive the attached draft corporate policy (Whistle-blower), and information for their consideration. Executive Summary Following similar policies in municipalities across the Region and province, Niagara Falls City Council directed staff to come back with a “Whistleblowing” policy for their consideration. Whistleblowing” is defined as the disclosure by an employee, to those in authority, of information pertaining to serious employee misconduct, unethical behavior or illegality. Such disclosure is typically protected from any form of retaliation. Current Corporate policies and open door practices may already cover many potential “whistleblower” type complaints. Upon review, the attached draft policy is derived from best practice research from other municipalities and offers additional protection for employees who report incidents of serious wrong doing of City staff. However, this is not intended as an external “hotline” investigated by third parties. The report or policy does not include disclosures of serious wrongdoing made by City Council members as these situations are already covered by Council’s Code of Conduct and referred to the Integrity Commissioner. Background Whistleblower policies provide reprisal protection for employees who are encouraged to report serious wrongdoing when they become aware of acts that may include: a contravention of the Criminal Code, provincial statutes or City bylaws, the misappropriation or misuse of City funds or assets, danger to life, serious risk of health and safety of others, or significant harm to the environment. This policy protects the public interest by providing a process for City employees to report serious wrongdoing and by providing them from job-related reprisals such as dismissal, suspension, discipline, and workplace harassment. The reporting process for employees is to first make a disclosure of serious wrongdoing to their manager or director, or in the case of a conflict, to the Chief Administrative Officer. Upon receipt of a disclosure, the Chief Administrative and/or his/her delegate will have the authority to undertake an investigation. Page 1 of 9 Page 72 of 345 Employees are encouraged and obligated to come forward with the disclosure of any serious wrongdoing. In doing so, they must identify themselves and have reasonable grounds or direct knowledge to make the allegation of misconduct. Any disclosure must be made in good faith and submitted to their manager/director in writing. It will be the obligation of the General Manager/Manager/Director to submit any suc h disclosure to the Chief Administrative Officer in a timely matter. Should the employee choose to remain anonymous, a proper investigation may not be possible unless the source of information is detailed and identifiable. Financial Implications/Budget Impact There are no financial impacts anticipated in this process as the policy is written only as an internal complaint and investigative procedure. Should external resources be required, the legal costs may be costly but difficult to quantify. List of Attachments Whistleblower policySept2023 Written by: Jason MacLean, Manager of Client Services Trent Dark, Director of HR Submitted by: Status: Jason Burgess, CAO Approved - 25 Sep 2023 Page 2 of 9 Page 73 of 345 Human Resources Policy #: 400.48 Issue Date: October 2023 EMPLOYEE WHISTLEBLOWER POLICY 1. POLICY STATEMENT The Corporation of the City of Niagara Falls is committed to serving the public and providing ethical and accountable local government. Employees are entrusted to serve the City and expected to perform their duties with integrity and in accordance with our organizational values. To maintain and enhance public confidence and to ensure that the public’s interests, assets and property are always protected, it is important to provide a process for employees to report any allegations of serious misconduct, ethical concerns or illegal acts without fear of reprisal. 2. PURPOSE This policy is intended to maintain and foster a workplace environment where all employees conduct themselves with integrity and ethics in the service and well-being to our community. By having a safe, timely and neutral process to allow employees to come forward to disclose illegal acts and allegations of serious wrongdoing, we foster an organizational culture that is ethical, transparent and accountable. This policy enables reporting to take place in a confidential manner with protection from reprisal. 3. APPLICATION This policy shall apply to all employees of the City of Niagara Falls, including but not limited to volunteers, students, interns, independent consultants and contractors. Complaints about members of City Council are addressed through the process outlined in the City Council Code of Conduct. Rules governing the ethical behavior and conduct of elected officials are addressed through the Integrity Commissioner. 4. DEFINITIONS 4.1 “Allegation” An unproven assertion or statement of serious employee wrongdoing submitted under this Policy. 4.2 “Anonymous” Not named or identified; the identity of the employee making the disclosure is unknown. Page 3 of 9 Page 74 of 345 4.3 “Confidential” The communication of information relating to the disclosure will be restricted and only divulged on a need to know basis. This includes the identity of the employee coming forward, named individuals(s), or any information gathered during the investigation. 4.4 “Council” All the elected officials on Niagara Falls City Council, including the Mayor. 4.5 “Disclosure” An oral or written allegation to the appropriate City official by an employ ee alleging a serious wrongdoing by another employee. 4.6 “Good-faith” Acting under reasonable grounds that the information disclosed is accurate. A sincere intention to deal fairly with others. Lacking in any trivial, frivolous or vexatious motives. 4.7 “Reprisal” Taking an adverse action or measures against an employee for making a qualifying disclosure under this policy. Such actions may include dismissal, suspension, demotion or harassment. 4.8 “Serious Wrongdoing” Includes a crime, suspected criminal activity or serious violations of government laws, legislation or City by-laws. Such actions include the gross mishandling of public funds or assets, misuse of position for personal gain, exposing the City to undue liability or loss, forgery or alteration of documents, mishandling/inappropriate access to corporate information, damage. misuse/inappropriate access to city property, an act or omission that creates or likely to create danger, harm to the life, safety of any person, an act or omission that creates or likely to create a substantial danger or harm to the environment. 4.9 “Vexatious” Being a source of irritation or annoyance; proceeding without sufficient grounds so as to cause annoyance or embarrassment to someone. 4.10 “Whistleblower” Confidential disclosure by a employee to those in a higher authority of serious misconduct, unethical behavior or illegality where there may be fear or retaliation. Page 4 of 9 Page 75 of 345 5. RESPONSIBILITIES 5.1 Management Managers, supervisors or persons in a position of authority (i.e., those directing work of others) are responsible for exercising due diligence and support of this policy, and to reinforce the opportunity for all employees to report wrongdoing, unethical behaviour or illegal acts, including preventing any acts of retaliation against the “whistleblower”. When a disclosure is made, Managers will keep the information received confidential and bring the matter to the immediate attention to HR. Managers will cooperate with any investigation and ensure that all relevant resources and information are made available. Any allegations received about a staff member in Human Resources, will be forwarded directly to the Chief Administrative Officer. Allegations received about the Chief Administrative Officer, will be forwarded to the City Solicitor in order to contract outside legal counsel. Allegations received about a member of Council, shall be processed through Council’s Code of Conduct and through the Integrity Commissioner. 5.3 Employees All employees with direct knowledge of or sufficient evidence to make an allegation of serious wrongdoing have a duty to promptly report such matters to their manager. When disclosing an allegation, details should be provided in writing. All reports will be reviewed by Human Resources or as directed by the Chief Administrative Officer. An employee who wishes to remain anonymous may do so. However, this may impede the ability to complete a proper investigation if additional information is required and not identifiable and/or insufficient information has been provided. All employees will respect the reputation of individuals by nor making trivial or malicious allegations or by making disclosures in bad faith 6, EXAMPLES OF WHISTLEBLOWER COMPLAINTS The following are examples of Complaints that should be reported under this policy: - Use of City funds or property for any illegal purpose, improper or unethical purpose including theft, embezzling funds, misappropriation of funds, bribes, kickbacks, etc. - Fraud or deliberate error in recording/maintaining financial records including overstating expense reports, falsifying time sheets, preparing erroneous invoices, etc.) - Serious wrongdoing that contravenes City policies/by-laws including but not limited specific danger to the life, health and safety of persons or the environment other than dangers that are inherent in the performance of the employee’s duties. - Gross mismanagement of public funds or assets. - Page 5 of 9 Page 76 of 345 7, REPORT PROCEDURE The employee making the disclosure of serious wrongdoing should provide their name and position along with oral or written documentation outlining all details including names, locations, dates, times and witnesses. After speaking with their Manager , this disclosure should be directed to the Director, Human Resources or Chief Administrative Officer (CAO) using the attached form. This shall be deemed as a qualifying disclosure. Should the complaint involve the Director of H.R. the complaint should be sent directly to the Chief Administrative Officer. Should a complaint involve the Chief Administrative Officer, the complaint should be sent directly to the Head of Council, the Mayor. Upon review, the Chief Administrative Officer or delegate will decide the appropriate investigation process and, depending upon the circumstances, whether an internal or external investigation is conducted. Complaint Process: Employee (Whistleblower) Perceives Serious Wrongdoing by another employee) Whistleblower files disclosure with the manager/supervisor and is advised of the process. Whistleblower completes the written form and submits information to CAO or H.R. Director CAO, in consultation with HR, determines if the her complaint is a qualifying disclosure Not a qualifying disclosure – no further action Qualified Disclosure Appropriate investigation process will be determined Outcome will be reviewed and appropriate action will be taken Page 6 of 9 Page 77 of 345 8. INVESTIGATION PROCESS (a) After any written disclosure that is received, Human Resources in consultation with the Chief Administrative Officer, will determine whether or not the information submitted is in good faith, meets the criteria outlined in this policy and whether an investigation is warranted or an alternative action to such disclosure. (b) In consultation with the Chief Administrative Officer, Human Resources may conduct the investigation, appoint another employee to conduct the investigation, or appoint an outside third party. This investigation will be conducted as expeditiously as possible with fair due process of all persons involved. (c) All employees, including the person making the disclosure and the subject of the investigation, shall be required to cooperate in any investigation under this policy and no person shall obstruct or interfere with the investigation. (d) No person advised of an investigation shall destroy, conceal, falsify, tamper or otherwise alter relevant information or documents or direct, advise or instruct any person to do so. (e) Upon completion of the investigation, a written report will be provided to the Chief Administrative or appropriate authority and shall determine what steps, if any, to be undertaken. The investigator is not required to investigate a complaint disclosure, and may cease the investigation, if he/she is of the opinion that the subject matter is more appropriately dealt with an Act of Legislature or Parliament of Canada: or if the complaint is deemed to be frivolous and vexatious: or if the complaint is not made in good faith: does not deal with sufficiently serious subject matter: or the disclosure relates to a matter more appropriately dealt under a collective agreement or employment agreement: or if the complaint does not provide adequate particulars about the wrongdoing. (f) The Chief Administrative Officer’s authority and discretion under this policy includes but it not limited to, withholding, collecting, using or disclosing information which may reveal the identity of the employee making a disclosure as is necessary to protect the City’s interests and to avoid or limit harm to the City, the public or employee. (g) Any report and records under this policy and provided to City as part of an investigation shall be considered confidential unless otherwise required by law or in accordance with Municipal Act, 2001 and Municipal Freedom of Information and Protection of Privacy Act. 9. DISCIPLINARY ACTION Any employee found to be in violation of this policy may be subject to legal action and/or appropriate disciplinary action up to and including termination by the Corporation. Any employee who knowingly reports a wrongdoing in bad faith or a false and misleading statement, shall be subject to legal action and/or disciplinary action up to and including the termination. CONTACTS Questions or advice regarding the intent of this policy should be directed to Human Resources. Page 7 of 9 Page 78 of 345 APPENDIX 1 “Whistleblower Policy” Whistleblower Complaint Form Serious Wrongdoing means: a. A contravention of Criminal Code, federal or provincial statute or regulations, or City by-law; b. An act or omission that results or is likely to result in the misappropriation or misuse of City funds or assets; c. A contravention of the City’s Code of Conduct for employees that results or is likely to result in profit, payment or compensation to the employee(s); d. An act of misconduct; e. An act or omission that creates or is likely to create a substantial and specific danger or harm to the life, health or safety of any person; f. An act or omission that creates or is likely to create a substantial and specific danger or harm to the environment; or Please Print Neatly Complainant Name (Your Name): Respondent Name (Allegation made against): Complainant Title (Your Title): Respondent Title: : Date and Time of Alleged Workplace Incident: Location of alleged workplace Incident: Nature of Complaint: (set out full details). Did you speak to the Respondent, Manager or Witness about the action? If so who, when and where. Provide names of all witnesses to the incident. Have you witnessed prior incidents of wrongdoing? If so, provide details. Provide names of other persons who can verify any of these other incidents. Complainant Signature Date: Complete a detailed statement on the reverse side of the complainant form if more room is necessary. Submit this form to the Chief Administrative Officer or Director, Human Resources as soon as possible following the alleged incident. Page 8 of 9 Page 79 of 345 Detailed Statement of Wrongdoing Complaint: • Be as specific and detailed as possible using dates, times individual names, etc. • Feel free to use additional sheets of paper Complainant Signature Date: Page 9 of 9 Page 80 of 345 PBD-2023-58 Report Report to: Mayor and Council Date: October 3, 2023 Title: Building Permit Fee Review Recommendation(s) That Council support the recommendations of the Building Permit review fee study; That Council approve the recommended building permit fees as amended by staff for clarification and outlined in Appendix 2; That Staff forward an amended Building Permit Fee By-law to Council for approval; That Staff incorporate the building permit fees into the consolidated user fee by -law in 2024 and increase the building permit fees 3% annually starting in 2024; That Staff establish the Reserve Fund policy for Building Fees at a multiple of between 1.0 to 1.25 times the annual direct cost; and That Staff report back to Council on the parameters of an expedited service program (fast tracking) for building permit applications as well as any necessary financial or resource implications to administer the program. Executive Summary The purpose of this report is to present to Council the comprehensive findings of the building permit fee review and the recommended fees study work undertaken by Watson & Associates Economists Ltd. (Watson). The primary objective of this study was to assess the adequacy of the current building permit fees, propose new fees where warranted to achieve full cost recovery and also establish a robust reserve fund to weather economic downturns effectively. Their analysis assessed the actual costs for the City to deliver the building services permit program. The fee analysis includes all process related work, as well as the operating and capital support costs to provide the service. The Watson study concludes that the City's current fee structure recovers approximately 80% of the total annual costs. Permit fees for new residential construction were the only fee recovering at full cost for service while other fees were well below their recovering costs. The study proposes that the City of Niagara Falls focus on full cost recovery for Page 1 of 40 Page 81 of 345 all permit types with a 3% annual indexing beginning in January 2024. In addition, Watson is recommending that the City achieve a reserve balance for slow er growth periods equal to 1.0 to 1.25 times the annual direct costs of service. Staff support the study conclusions and recommendations with the exception of the fast tracking permit fee as no clear parameters were set. Staff will report back on the fast tracking fee over the next couple of months. In addition, staff have requested further clarification on some of the fees to make sure the customer fully understands the fees upfront and understands how they will be charged. Background The Ontario Building Code Act (BCA) grants municipalities with the authority to levy fees for the purpose of entirely offsetting the expenses associated with the administration and enforcement of building regulations. The regulations prescribed under the BCA, outline the specifics of what can be included within these costs, including direct and indirect expenditures, as well as provisions for establishing a reserve fund. Furthermore, the Building Code Statute Law Amendment Act imposes additional requirements upon municipalities when setting fees in accordance with the Act. Specifically, the fees must not exceed the anticipated reasonable cost to enforce the Act; annual reports must be made available to the public; and the municipality must undertake a public process inclusive of a public meeting to hear the comments of the public on any proposed fees. The administration and enforcement of the City’s building service should not impact the general tax levy unless needed in periods of economic decline. In these latter instances, a building reserve policy can be used to responsibly manage building related service costs at times of economic downturn. In 2019, the City of Niagara Falls retained Watson to conduct a review and update of the City’s building permit fees. Their review assessed the full cost of service including direct, indirect and capital costs to formulate their final recommendations. This report summarizes the findings and recommendations of the Watson Study which is attached as Appendix "1". The City last examined the building permit fees in 2017, at which time the fees were adjusted by 3%. The Watson Study reviewed the residential and non-residential building permit fees for the 12 area municipalities (see figures 3.2-3.7 in Appendix "1") and Niagara Falls had the lowest fees in the Region. If left unchecked Watson has anticipates a draw down of 1.1 million on reserves to recover the full costs of the service. The proposed increase in building permit fees are designed to cover the full cost of the service thereby mitigating the impacts to the general tax payer or on the current reserves. Analysis The Building Code fees prepared by the Watson include direct costs, capital related costs, indirect support function costs, corporate management costs and future anticipated costs. The assessment of fees included staff time in each respective area (Building, Planning and other Direct Service Departments) in the processing of a Page 2 of 40 Page 82 of 345 building permit application. This in depth analysis offers a holistic perspective of the actual expenditures incurred by the City in delivering the building services permit program. The fee analysis includes the permit-related processing as well as the operational and capital support costs essential to provide the service. Direct Costs include labour costs, materials and services and other direct costs such as professional fees, contracted services. These direct costs were evaluated based on departmental staff capacity in each of the respective permit types. Key departmental staff directly involved in the permit process include: Building and Municipal Enforcement Services, Fire Prevention, Legal Clerk, and Zoning Officer. As anticipated the largest amount of service delivery staff time is within Building and municipal enforcement services at 72%. In total there are 26.2 full time (FTE) staff positions utilized annually with respect to administration and enforcement of the building code. Indirect costs encompass the support and general overhead functions across various divisions including Risk Management, Procurement Services, Information Services, Clerks Services, Legal Services, and others. Capital Costs pertain to the utilization of facility space and are determined based on facility replace costs and considering space per employee. At present, the City's Building permit fees recover approximately 80% of the total annual costs. Watson breaks down each permit fee by type and provides a detailed breakdown of the percentage of cost recovery in Table 3-1. Notably, new residential construction exceeds actual costs to deliver the service and Group A (assembly and Institutional occupancies) new construction only recovers about 40% of the actual cost. The current study recommends fee increases for various permit types as outlined in Table 3 -5 of the Watson study. For example Group A assembly occupancies would increase from $18.59 to $27.89 per sq.m and Group C residential occupancies (single, semi -detached, duplex dwellings, detached accessory dwelling units) would increase from $12.09 to $17.00. The Ontario Building Code Act permits the City's to establish a reserve policy that can be used to responsibly manage building related service costs at times of economic downturn. Watson recommends that the City set a reserve policy at between 1.0 to 1.25 times annual direct costs for reserve fund accumulation. Staff will create the reserve policy as stated in the recommendation. A public meeting was held on July 11, 2023, at this meeting there were no members of the public who spoke on the revised fees nor have staff received any public comments on the proposed fees. There have been internal comments from staff on needed clarifications in the fee schedule. The recommended changes are as follows: Page 3 of 40 Page 83 of 345 There should be a minimum charge fee noted on the fee schedule summary sheet as it is currently listed in our Building By-law at $150. This change will assist in making sure our customer is aware of this minimum charge upfront. Line 110 and 111 is the Occupancy of unfinished buildings and clarification is needed. Line 110 refers to high rise residential but does not speak to high rise commercial. This fee should be modified to include any residential apartment building or multi-storey commercial building and should be based on a per floor charge rather than per unit charge. Line 111 for all other should be based on a per unit or floor charge depending on the build. For example, a stacked townhouse would be based on a per unit charge as inspections are done for occupancy for each individual separate unit. These changes have been reflected in the fee schedule attached to this report in Appendix "2". At the Council meeting there were concerns from a member of Council regarding such significant increases in certain sectors. Currently the residential sector is supplementing the commercial industrial sector. There is an ability to increase our commercial rates however this would put us at the highest in the Region. Watson is currently proposing an increase which will put us to second highest in the Region. Staff advise against making additional adjustments to the commercial building permit rates beyond what Watson has recommended, as it is key that we maintain our competitiveness in t he Region. The Watson study recommends the fast tracking of building permit applications, however no parameters were set for the program such as how many fast tracking applications can city staff accept at one time. Staff want to ensure that the program i f instituted is successful and want to ensure our customer has clear expectations from the program when paying any additional fees. Therefore staff is recommending that the fast track permit fee not be added to the fee schedule at this time until a clear p rogram is established. Staff will report back to Council on this matter in the near future. Staff recommend approving the fees as proposed by Watson, except for the fast tracking permit fee and the clarifications as recommended by staff as noted above. These fees are to be effective January 1, 2024, and be inclusive of the 3% annual index fee. Operational Implications and Risk Analysis In order for the fast tracking permit fee and program to be successful staff will need to assess current staffing levels and expected deliverables. Staff will report back on the operational implications and parameters of the program. The other fee increases and the protection of the reserve at 1.0 to 1.25 the annual direct costs will protect the municipality in times of economic downturn when building permit applications are lower. Page 4 of 40 Page 84 of 345 Financial Implications/Budget Impact Charging building permit fees is an effective method of ensuring those who directly benefit from a permitting service financially contribute towards it. Building permit fees provide funds to enforce and administer the City’s building permit program. On an annual basis starting in 2024 it is recommended that the building permit fees increase by 3% annually to adjust for inflationary pressures and market co nditions. Strategic/Departmental Alignment Based on the Watson full cost recovery analysis, the City's proposal to adjust current fees and introduce new ones will effectively maintain the financial responsibility for administering and enforcing the building code. Specifically, these fees will continue to be recovered from those requiring the services thereby avoiding the subsidization building services by the general taxpayers. The recommended full cost of recovery of fees by users, directly relates to the Council's strategic pillar of financial sustainability. List of Attachments Appendix 1 - City of Niagara Falls 2023 Building Permit Fees Review Final Report (1) Appendix 2 - Revised Fees - Building Permit Fee Review Written by: Luciano Chieca, Chief Building Official Kira Dolch, General Manager, Planning, Building & Development Submitted by: Status: Jason Burgess, CAO Approved - 28 Sep 2023 Page 5 of 40 Page 85 of 345 Watson & Associates Economists Ltd. 905-272-3600 May 31, 2023 info@watsonecon.ca 2023 Building Permit Fees Review City of Niagara Falls ________________________ Final Report Page 6 of 40 Page 86 of 345 Watson & Associates Economists Ltd. H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx Table of Contents Page 1. Introduction ...................................................................................................... 1-1 1.1 Background Information .......................................................................... 1-1 1.2 Legislative Context – Building Code Act, 1992 ....................................... 1-1 2. Activity Based Costing Methodology ............................................................ 2-1 2.1 Activity Based Costing Methodology ....................................................... 2-1 2.2 Building Permit Fee Costing Category Definition .................................... 2-2 2.3 Processing Effort Cost Allocations .......................................................... 2-4 2.4 Direct Costs ............................................................................................ 2-5 2.5 Indirect Costs .......................................................................................... 2-6 2.6 Capital Costs .......................................................................................... 2-7 2.7 Building Code Act Reserve Fund Policy ................................................. 2-7 3. Building Permit Fees Review .......................................................................... 3-2 3.1 Introduction ............................................................................................. 3-2 3.2 Full Cost of Building Permit Fees Review ............................................... 3-2 3.3 Building Permit Fee Recommendations .................................................. 3-3 3.4 Building Permit Fee Impacts ................................................................. 3-10 4. Conclusion ....................................................................................................... 4-1 Page 7 of 40 Page 87 of 345 Report Page 8 of 40 Page 88 of 345 Watson & Associates Economists Ltd. H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx Chapter 1 Introduction Page 9 of 40 Page 89 of 345 Watson & Associates Economists Ltd. PAGE 1-1 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx 1. Introduction 1.1 Background Information The City of Niagara Falls (City) retained Watson & Associates Economists Ltd. (Watson) to conduct a review and update of its building permit fees. The first objective of the building permit fee review is to develop an activity-based costing (A.B.C.) model to substantiate the full costs of service (i.e. administering and enforcing the Building Code. The full cost assessment (i.e., direct, indirect, and capital costs) will be used to inform recommended fees to recover the full cost of service, provide for the sustainable delivery of service, and mitigate the potential funding burden on property taxes. Moreover, the fee recommendations were developed with regard for the statutory requirements, the City’s market competitiveness, and fiscal position. The Ontario Building Code Act governs fees related to the administration and enforcement activities under the authority of the Building Code. This report summarizes the findings and recommendations related to the building permit fee services within the scope of the review. The following chapters of this report summarize the legislative context for building permit fees, the building permit fee review methodology developed, the full cost findings and fee recommendations of the building permit fee review. 1.2 Legislative Context – Building Code Act, 1992 The City’s s tatutory authority for imposing building permit fees is provided under the provisions of Section 7 under the Ontario Building Code Act. Section 7 of the Building Code Act provides municipalities with general powers to impose fees through passage of a by-law. The Act provides that: “The council of a municipality…may pass by-laws (c) Requiring the payment of fees on applications for and issuance of permits and prescribing the amounts thereof; (d) Providing for refunds of fees under such circumstances as are prescribed;” Page 10 of 40 Page 90 of 345 Watson & Associates Economists Ltd. PAGE 1-2 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx The Building Code Statute Law Amendment Act imposed additional requirements on municipalities in establishing fees under the Act, in that: “The total amount of the fees authorized under clause (1)(c) must not exceed the anticipated reasonable cost of the principal authority to administer and enforce this Act in its area of jurisdiction.” In addition, the amendments also require municipalities to: • Reduce fees to reflect the portion of service performed by a Registered Code Agency; • Prepare and make available to the public annual reports with respect to the fees imposed under the Act and associated costs; and • Undertake a public process, including notice and public meeting requirements, when a change in the fee is proposed. O. Reg. 305/03 is the associated regulation arising from the Building Code Statute Law Amendment Act, 2002. The regulation provides further details on the contents of the annual report and the public process requirements for the imposition or change in fees. With respect to the annual report, it must contain the total amount of fees collected, the direct and indirect costs of delivering the services related to administration and enforcement of the Act, and the amount of any reserve fund established for the purposes of administration and enforcement of the Act. The regulation also requires that notice of the preparation of the annual report be given to any person or organization that has requested such notice. Relating to the public process requirements for the imposition or change in fees, the regulations require municipalities to hold at least one public meeting and that at least 21-days notice be provided via regular mail to all interested parties. Moreover, the regulations require that such notice include, or be made available upon request to the public, an estimate of the costs of administering and enforcing the Act, the amount of the fee or change in existing fee and the rationale for imposing or changing the fee. The Act specifically requires that fees “must not exceed the anticipated reasonable costs” of providing the service and establishes the cost justification test based on the total administration and enforcement costs at global Building Code Act level. With the Act requiring municipalities to report annual direct and indirect costs related to fees, this would suggest that Building Code Act fees can include general corporate overhead indirect costs related to the provision of service. Moreover, the recognition of Page 11 of 40 Page 91 of 345 Watson & Associates Economists Ltd. PAGE 1-3 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx anticipated costs also suggests that municipalities could include costs related to future compliance requirements or fee stabilization reserve fund contributions. As a result, Building Code Act fees modeled in this exercise include direct costs, capital related costs, indirect support function costs directly consumed by the service provided, and corporate management costs related to the service provided, as well as provisions for future anticipated costs. Page 12 of 40 Page 92 of 345 Watson & Associates Economists Ltd. H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx Chapter 2 Activity Based Costing Methodology Page 13 of 40 Page 93 of 345 Watson & Associates Economists Ltd. PAGE 2-1 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx 2. Activity Based Costing Methodology 2.1 Activity Based Costing Methodology An A.B.C. methodology, as it pertains to municipal governments, assigns an organization's resource costs through activities to the services provided to the public. Conventional municipal accounting structures are typically not well-suited to the costing challenges associated with application processing activities as these accounting structures are business unit focused and thereby inadequate for fully costing services with involvement from multiple business units. An A.B.C. approach better identifies the costs associated with the processing activities for specific application types and thus is an ideal method for determining the full cost of processing applications and other user fee activities. As illustrated in Figure 2-1, an A.B.C. methodology attributes processing effort and associated costs from all participating municipal business units to the appropriate service categories (building permit fee costing categories). The resource costs attributed to processing activities and building permit fee costing categories include direct operating costs, indirect support costs, and capital costs. Indirect support function and corporate overhead costs are allocated to direct business units according to operational cost drivers (e.g., information technology costs allocated based on the relative share of departmental personal computers supported or full time equivalent (FTE) staff positions). Once support costs have been allocated amongst direct business units, the accumulated costs (i.e., indirect, direct, and capital costs) are then distributed across the various building permit fee costing categories, based on the business unit’s direct involvement in the processing activities. The assessment of each business unit’s direct involvement in the building permit fee review processes is accomplished by tracking the relative shares of staff processing efforts across the sequence of mapped process steps for each building permit fee category. The results of employing this costing methodology provides municipalities with a better recognition of the costs utilized in delivering building permit fee review processes, as it acknowledges not only the direct costs of resources deployed but also the operating and capital support costs required by those resources to provide services. Page 14 of 40 Page 94 of 345 Watson & Associates Economists Ltd. PAGE 2-2 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx Figure 2-1 Activity-Based Costing Conceptual Flow Diagram 2.2 Building Permit Fee Costing Category Definition The City imposes a variety of fees related to the administration and enforcement of the Building Code. These fees are captured in various cost objects or building permit fee costing categories. A critical component of the full cost building permit fee review is the selection of the costing categories. This is an important first step as the process design, effort estimation and subsequent costing is based on these categorization decisions. Moreover, it important in costing building permit fees to understand the cost/revenue relationships by individual type of permit or costing category, to understand how costs and revenues may change in the future. This level of costing goes beyond the statutory cost justification for fees established at the level of administration and enforcement under the authority of the Building Code. The City’s A.B.C. user fee model allocates the direct and indirect costs presented in the following sections across these defined building permit fee categories. Categorization of building permit fees occurred during the project initiation stage of the study and through subsequent discussions with City staff to understand the difference in permit processing complexity and costs. Page 15 of 40 Page 95 of 345 Watson & Associates Economists Ltd. PAGE 2-3 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx The building permit fee costing categories included in the A.B.C. model and later used to rationalize changes to the City’s fee structure are presented in Tables 2-1. While many of these costing categories reflect the City’s current fee schedule, a number of minor and miscellaneous fees were grouped together for costing purposes where the level of effort was deemed to be similar or minor in nature. categories were also considered Table 2-1 Building Permit Fee Costing Categories No. Costing Category Name 1 Group A - New/Addition (Finished) 2 Group A - New/Addition (Shell) 3 Group A - New/Addition (Interior Finish) 4 Group B - New/Addition (Finished) 5 Group C - Single, Detached & Duplex 6 Group C - Multiple Dwellings 7 Group C - Apartments, Motels, Boarding & Lodging 8 Group C - Accessory Dwelling Units, Finish Basement & Additions to House 9 Group C - Accessory Building, Garage, Deck/Porch, Mobile Homes 10 Group D - New/Addition (Finished) 11 Group D - New/Addition (Shell) 12 Group D - New/Addition (Interior Finish) 13 Group E - New/Addition (Finished) 14 Group E - New/Addition (Shell) 15 Group E - New/Addition (Interior Finish) 16 Group F - New/Addition (Finished) 17 Group F - New/Addition (Shell) 18 Group F - New/Addition (Interior Finish) 19 Group F - Other 20 Site Services Construction 21 Building Improvements - Residential 22 Building Improvements - Non-Residential 23 Building Improvements - Other 24 Plumbing - Indoor 25 Plumbing - Outdoor 26 Plumbing - Water Meter 27 Fire Protection System - Other 28 Fire Protection System - Alarm, Sprinkler & Standpipe Systems 29 Mechanical System - Exhaust & Duct Work Page 16 of 40 Page 96 of 345 Watson & Associates Economists Ltd. PAGE 2-4 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx No. Costing Category Name 30 Mechanical Systems - HVAC Units 31 Miscellaneous Works 32 Designated Structures 33 Conditional Permits 34 Demolition - Residential & Accessory Structures 35 Demolition - Other 36 Occupancy of an Unfinished Building 37 Limiting Distance Agreement 38 Alternative Solution 39 Change of Use Permit with no construction 40 Compliance Letters 41 Permit Transfer, Suspension, Cancellation etc. 42 Pre-Application Review 2.3 Processing Effort Cost Allocations To capture each participating City staff member’s relative level of effort in processing activities related to building permit fees, effort estimates were obtained for each of the above-referenced costing categories. The effort estimates received were applied against historical average annual volumes for 2018 to 2022 to assess the average annual processing time per position spent on each building permit fee category and in aggregate. Annual processing efforts per staff position were measured against available processing capacity to determine overall service levels. The capacity utilization results were refined with the City staff to reflect staff utilization levels reflective of current staffing patterns. Table 2-2 summarizes the utilization by department involved in the building permit review process and by major costing category grouping. The utilization is presented as a percentage of available time. Page 17 of 40 Page 97 of 345 Watson & Associates Economists Ltd. PAGE 2-5 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx Table 2-2 Departmental Staff Capacity Utilization In aggregate there are 26.2 full time equivalent (FTE) staff positions utilized annually with respect to the administration and enforcement of the Building Code. Of that involvement, 96% or 25.2 FTEs are contributed by the Building and Municipal Enforcement department, with the remaining 4% of involvement from Fire Prevention (i.e., 2.2%), the Planning department (i.e. 1.5%), and the Legal department (i.e., 0.3%). When assessing the types of building permits staff are involved in reviewing: permits for new residential dwellings represent 42% of annual efforts; new non-residential buildings comprise 30% of staff time, and minor residential and non-residential permits (e.g. alterations and improvements) represent 18% of the annual efforts. In Table 2-2 the Building and Municipal Enforcement department is 72.1% utilized on permit review as the department includes eight municipal enforcement positions that spend minimal time on non-Building Code related activities. 2.4 Direct Costs Based on the results of the staff capacity utilization analysis summarized above, the proportionate share of each individual’s direct costs is allocated to the respective costing categories. The direct costs included in the City’s costing model are taken from the City’s 2023 budget and includes cost components such as: • Labour costs, e.g., salary, wages, and benefits; • Materials and services; and • Other Direct Costs, e.g., professional fees, contracted services, etc. Permit Type Building and Municipal Enforcement Fire Prevention Legal Clerk Zoning Officer FTE Positions Utilized Compliment 35 4 1 1 Group A/B New Construction 11.2%5.1%0.1%12.2%4.3 Group D/E New Construction 5.8%2.8%0.1%10.1%2.2 Group F New Construction 3.3%1.6%0.1%5.7%1.3 Non-Residential Interior Alterations/Improvements 8.2%4.5%0.1%10.2%3.1 Residential New Construction 31.7%0.6%1.2%0.0%11.1 Minor Residential Permits 4.2%0.0%0.2%0.0%1.5 Plumbing 2.3%0.0%0.1%0.0%0.8 Other 5.4%0.0%0.2%0.1%1.9 TOTAL 72.1%14.5%2.0%38.3%26.2 Page 18 of 40 Page 98 of 345 Watson & Associates Economists Ltd. PAGE 2-6 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx 2.5 Indirect Costs An A.B.C. review includes not only the direct cost of providing service activities but also the indirect support costs that allow direct service business units to perform these functions. The method of allocation employed in this analysis is referred to as a step costing approach. Under this approach, support functions and general corporate overhead functions are classified separate from direct service delivery departments. These indirect cost functions are then allocated to direct service delivery departments based on a set of cost drivers, which subsequently flow to the building permit fee categories according to staff effort estimates. Cost drivers are a unit of service that best represent the consumption patterns of indirect support and corporate overhead services by direct service delivery departments or business units. As such, the relative share of a cost driver (units of service consumed) for a direct department determines the relative share of support/corporate overhead costs attributed to that direct service department. An example of a cost driver commonly used to allocate information technology support costs would be a department or business unit’s share of supported personal computers. Cost drivers are used for allocation purposes acknowledging that these business units do not typically participate directly in the delivery of services, but that their efforts facilitate services being provided by the City’s direct business units. Indirect costs have been allocated to the full costs of building permit review from the following City departments: • Risk Management Services; • Auditing Services; • Corporate Management and Support; • Revenues and Receivables; • Accounting and Reporting; • Procurement Services; • Human Resource Services; • Information Services; • Legal Services; • City Council, Grants, and Committees; • Chief Administrator's Office; • Clerks Services; and Page 19 of 40 Page 99 of 345 Watson & Associates Economists Ltd. PAGE 2-7 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx • Communications. 2.6 Capital Costs The inclusion of capital costs within the full cost review follows a methodology similar to indirect costs. Capital costs for the utilization of facility space were included based on benchmark facility replacement costs and occupies space per employee needs per employee. These costs have been allocated across the various costing categories based on the underlying effort estimates of direct department staff (as presented in section 2.3). 2.7 Building Code Act Reserve Fund Policy The Building Code Act recognizes the legitimacy of creating a municipal reserve fund to provide for service stability and mitigate the financial and operational risk associated with a temporary downturn in building permit activity. Specifically, a reserve fund should be maintained to reduce the staffing and budgetary challenges associated with a cyclical economic downturn and the requirement for ongoing legislative turnaround time compliance. Without such a reserve fund, reduced permit volumes during a downturn could result in severe budgetary pressures and the loss of certified City building staff, which would be difficult to replace during the subsequent recovery when mandatory permit processing turnaround times apply. Although the Building Code Act does not prescribe a specific methodology for determining an appropriate reserve fund, municipalities have developed building permit reserve funds with the aim of providing service stabilization. The City’s reserve fund policy was established in 2008 with a target of accumulating 1.28 times the annual costs of service in the building permit reserve fund. In the development of the policy, recognition was also given to the requirement of the City to manage some of their direct and indirect costs of service during an economic downturn. In reviewing historical building permit activity within the City over the past 30 years in comparison to the average annual building permit activity and the established policy, it is recommended that the City target between 1.0 to 1.25 times annual direct costs for reserve fund accumulation Page 20 of 40 Page 100 of 345 Watson & Associates Economists Ltd. PAGE 2-8 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx The impact of anticipated building permit activity on costs, revenues (based on current and recommended fees), and reserve fund positions over the 2023 to 2028 period have been assessed in Section 3.3. Page 21 of 40 Page 101 of 345 Watson & Associates Economists Ltd. H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx Chapter 3 Building Permit Fees Review Page 22 of 40 Page 102 of 345 Watson & Associates Economists Ltd. PAGE 3-2 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx 3. Building Permit Fees Review 3.1 Introduction This chapter presents the full costs, cost recovery levels of current fees, and recommended fee structure and rates for building permit fees. Furthermore, the City’s ranking in comparison to other neighbouring municipalities has been assessed for common permit types under the current and proposed fee schedule. Additionally, the impact of the proposed fees on municipal development costs for a sample development is presented in Section 3.4. A municipal fee survey for all building permit fees was undertaken for market comparison purposes. The survey results were considered in conjunction with the fee impacts summarized in Section 3.4 and discussions with City staff in determining recommended building permit fees. 3.2 Full Cost of Building Permit Fees Review Table 3-1 presents the City’s annual costs and revenues associated with providing building permit review services. The costs and estimated revenues are presented in for the same major costing categories as shown in Table 2-2 and in aggregate. The annual costs (denoted in 2023$ values) reflect the organizational direct, indirect, and capital costs associated with processing activities at average historical volumes levels for the period 2018-2022. Costs are based on 2023 budget estimates and are compared with revenues modeled from current building permit fees applied to average permit volumes and charging parameters. The charging parameters for these permits (e.g., gross floor area) were based on the average historical permit characteristics. The costs of administration and enforcement of the Building Code account for $3.8 million. Direct costs represent 82% ($3.1 million) and indirect and capital costs represent 18% ($703,000) of the total annual costs. Based on the modelled volumes, the City’s current fees recover approximately 80% ($3.0) of total costs annually. In review of the cost recovery by permit type, only permit fees for new residential construction are recovering the full cost of service while other permits fees are under Page 23 of 40 Page 103 of 345 Watson & Associates Economists Ltd. PAGE 3-3 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx recovering their costs. New residential construction permit fees are generating an annual surplus of $545,900, while other permit fees are generating an annual deficit of $1.3 million. A detailed analysis of forecast building permit activity, revenues, and Building Code Act reserve fund levels is contained in Section 3.3, which has been used to inform potential fee structure revisions. Further details on the cost recovery assessment, recommendations, and modelled impact on revenues is provided in the following sections. Table 3-1 Cost Recovery Assessment of Current Building Permit Fees (2023$) 3.3 Building Permit Fee Recommendations As noted in Section 2.7 above, the recommendation is that the City adopt a policy to for their Building Code Act Reserve Fund for service stabilization at multiple of 1.0 to 1.25 times annual direct costs. Based on annual costs of $3.8 million, the 2023 reserve fund target balance would be between $3.8 million and $5.7 million. The ability of current and proposed fees to recover the full cost of service and contribute to reserve fund sustainability was assessed over the 2023- 2028 forecast period based on forecast costs and revenues. Current and recommended fees have been assessed within fee category recommendations provided by City staff. Overall, permit volumes are expected to increase over the forecast period. The building permit volume forecast by major permit category is presented in Table 3-2 and was developed in discussion with staff based on average historical permit volumes, forecast development activity within the City’s Community Benefits Charge Strategy (2022) growth forecast. Adjustments to the distribution of new residential dwelling units from low to medium density dwelling SWB Non-SWB Group A/B New Construction - Subtotal 486,799 54,028 107,703 6,058 654,586 259,834 40% (394,753) Group D/E New Construction - Subtotal 253,071 28,417 56,746 3,135 341,370 264,037 77% (77,332) Group F New Construction - Subtotal 143,793 16,143 32,232 1,782 193,950 82,937 43% (111,013) Non-Residential Interior Alterations/Improvements - Subtotal 355,258 39,911 79,236 4,401 478,806 196,667 41% (282,139) Residential New Construction - Subtotal 1,134,512 140,023 282,398 17,042 1,573,975 2,119,831 135% 545,855 Minor Residential Permits - Subtotal 145,520 18,380 37,076 2,242 203,218 67,273 33% (135,945) Plumbing - Subtotal 81,755 10,326 20,830 1,259 114,170 44,832 39% (69,338) Other - Subtotal 196,064 23,832 48,148 2,910 270,953 14,857 5% (256,096) TOTAL 2,796,771 331,061 664,369 38,829 3,831,029 3,050,268 80% (780,761) Permit Type Surplus/ (Deficit) Cost Recovery % Annual Revenue (Current Annual Costs Direct Costs Indirect Costs Capital Costs Total Annual Costs Page 24 of 40 Page 104 of 345 Watson & Associates Economists Ltd. PAGE 3-4 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx units was made to reflect the distribution of recent residential construction vs. the distributions contained within the Community Benefits Strategy. Table 3-2 Building Permit Volume Forecast (2023-2028) Description 2023 2024 2025 2026 2027 2028 Group A/B New Construction 35.2 35.2 35.2 35.2 35.2 35.2 Group D/E New Construction 26.9 26.9 26.9 26.9 26.9 26.9 Group F New Construction 15.0 15.0 15.0 15.0 15.0 15.0 Non-Residential Interior Alterations/Improvements 33.8 33.8 33.8 33.8 33.8 33.8 Residential New Construction 309.6 309.6 309.6 309.6 322.4 322.4 Minor Residential Permits 195.7 195.7 195.7 195.7 195.8 195.8 Plumbing 111.8 111.8 111.8 111.8 111.8 111.8 Other 80.8 80.8 80.8 80.8 80.8 80.8 Total 808.8 808.8 808.8 808.8 821.7 821.7 Based on the forecast development activity and costs of service, the City’s current fees would be insufficient to make contributions to the reserve fund for service sustainability or fund the full cost of service. Table 3-3 shows the reserve fund continuity over the forecast period considering the forecast costs, revenues, contributions/draws from the reserve fund, and target reserve fund balance. At current fees, average annual reserve fund draws of $1.1 million would be required over the forecast period. Table 3-3 Reserve Fund Continuity Current Fees As such, fee increases have been recommended. Except where implemented on a flat fee basis, the City’s fees are imposed on a per square metre of gross floor area fee with minimum fees imposed in some cases. As shown in Table 3-4, building permit fee revenue based on the anticipated development activity and imposing fees at the Description 2023 2024 2025 2026 2027 2028 Opening Balance 3,082,857 2,229,270 1,251,641 145,264 (1,094,715) (2,412,366) Revenue 2,951,013 2,951,013 2,951,013 2,951,013 3,011,654 3,011,654 Expense 3,831,029 3,945,960 4,064,339 4,186,269 4,311,857 4,441,213 Contribution/(Draw)(880,016) (994,947) (1,113,326) (1,235,256) (1,300,203) (1,429,559) Interest 26,428 17,318 6,950 (4,724) (17,448) (31,271) Closing Balance 2,229,270 1,251,641 145,264 (1,094,715) (2,412,366) (3,873,197) Full Costs 3,831,029 3,945,960 4,064,339 4,186,269 4,311,857 4,441,213 Reserve Fund/Expense Ratio 0.58 0.32 0.04 (0.26) (0.56) (0.87) Page 25 of 40 Page 105 of 345 Watson & Associates Economists Ltd. PAGE 3-5 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx proposed rates (with 3% annual indexing beginning in 2024), would result in the City achieving a reserve fund balance equal to 1.1 times annual costs of service. Table 3-4 Reserve Fund Continuity Recommended Fees (with annual inflationary increases) Figure 3-1 illustrates graphically the difference in reserve positions between current and recommended fees and the relationship to the target reserve fund balance at 1.25 times annual costs of service. Figure 3-1 Target and Forecast Reserve Fund Balances Description 2023 2024 2025 2026 2027 2028 Opening Balance 3,082,857 2,826,265 3,173,389 3,533,551 3,907,167 4,392,964 Revenue 3,545,038 4,263,235 4,391,132 4,522,866 4,756,360 4,899,051 Expense 3,831,029 3,945,960 4,064,339 4,186,269 4,311,857 4,441,213 Contribution/(Draw)(285,991) 317,275 326,794 336,597 444,503 457,838 Interest 29,399 29,849 33,368 37,018 41,294 46,219 Closing Balance 2,826,265 3,173,389 3,533,551 3,907,167 4,392,964 4,897,021 Full Costs 3,831,029 3,945,960 4,064,339 4,186,269 4,311,857 4,441,213 Reserve Fund/Expense Ratio 0.74 0.80 0.87 0.93 1.02 1.10 $4,600,000 $5,600,000 -0.9 x 0.8 x 1.1 x -$6,000,000 -$4,000,000 -$2,000,000 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 2022 2023 2024 2025 2026 2027 2028 Target Reserve Fund Balance (1.25x Annual Costs) Year-End Reserve Fund (Current Fees) Year-End Reserve Fund (Recommended Fees) Page 26 of 40 Page 106 of 345 Watson & Associates Economists Ltd. PAGE 3-6 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx Current and recommended building permit fees are presented in Table 3-5. It is anticipated that recommended building permit fees would be implemented in mid-2023. Page 27 of 40 Page 107 of 345 Watson & Associates Economists Ltd. PAGE 3-7 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx Table 3-5 Recommended Building Permit Fees Description Charging Parameter Current Fees Recommended Fees NEW BUILDINGS Group A - Assemblies Occupancies 1 All Recreation Facilities, Schools, Daycare Facilities, Libraries, Places of Worship restaurants (finished), Theatres, Arenas, Gymnasiums, Transit Stations, Bus terminals Indoor Pools, and all other Group A Buildings Per sq. m $18.59 $27.89 2 Open Public Swimming Pool Flat Fee $475.00 $2,000.00 3 Portable Classroom Flat Fee $475.00 $915.00 4 Assemby Building Shell Per sq. m $14.87 $22.31 5 Assemby Building Interior Finish Per sq. m $11.15 $11.88 Group B - Institutional Occupancies 6 Institutional, Hospital, Medical Care Facilities, Nursing Homes, Care Homes, and All other Group B Buildings Per sq. m $18.59 $27.89 7 Institutional Building Interior Finish Per sq. m $11.15 $11.88 Group C - Residential Occupancies 8 Single, Semi-Detached, Duplex Dwellings, Detached Accessory Dwelling Units Per sq. m $12.09 $17.00 9 Townhouses, Row Housing, Per sq. m $11.48 $17.00 10 Stacked Townhouses, Multiple Dwellings up to fourplex Per sq. m $11.48 $17.00 11 Apartment and Hotel 12 Hotel, Apartement buildings 6 storeys or Less Per sq. m $14.92 $18.59 13 Hotel, Apartement buildings 7 storeys or More Per sq. m $14.92 $17.00 14 Motels, Boarding, Lodging or rooming house Per sq. m $18.59 $18.59 15 Interior Renovation, Finished Basement, Interior Accessory Dwelling Units Per sq. m $6.65 $10.00 16 Heated Additions to a House Per sq. m $12.09 $17.00 17 Unheated Additions to a House Per sq. m $12.09 $12.09 18 Accessory Building (Garage, or Shed)Per sq. m $3.89 $7.00 19 Attached Garage/Carport to an existing House Per sq. m $9.45 $16.15 20 Cover Deck/Porch Per sq. m $3.44 $7.00 21 Uncover Deck/Porch Flat Fee $150.00 $225.00 22 Mobile Homes Flat Fee plus $250.00 $320.00 23 Uncertified Mobile Home (foundation included)Per sq. m $6.43 24 Mobile Home Foundation Per sq. m $1.84 Group D - Business and Personal Services 25 Office, Medical Building, Financial Institution, and all other Group D Buildings Complete Per sq. m $18.59 $27.89 26 Office, Medical Building, Financial Institution, and all other Group D Buildings Shell Per sq. m $14.87 $22.31 27 Office, Medical Building, Financial Institution, and all other Group D Buildings Interior Finish Per sq. m $11.15 $11.88 Group E - Mercantile Occupancies 28 Retail Building Complete Per sq. m $15.13 $27.89 29 Retail Building Shell Per sq. m $12.11 $22.31 30 Retail Building Interior finish Per sq. m $9.07 $11.88 31 Restaurants Interior Finish (not greater than 30 persons)Per sq. m $9.07 $11.88 Group F - Industrial Occupancies 32 Industrial Buildings Complete Per sq. m $7.36 $14.72 33 Industrial Building Shell Per sq. m $5.89 $11.78 34 Industrial Building Interior Finish Per sq. m $4.42 $8.84 35 Gas Bar Canopies Per sq. m $12.62 $12.62 36 Car Washes Per sq. m $12.62 $12.62 37 Parking Garage (underground, open air)Per sq. m $5.29 $7.94 38 Farm Buildings Per sq. m $3.72 $5.58 39 Green Houses non-residential Per sq. m $3.72 $5.58 Site Services Plumbing Construction Outside of Building Sanitary and Storm Piping 40 First 15m First 15m $100.00 $225.00 41 Per additional 15m Per additional 15m $35.00 $35.00 42 Manholes, Catch basin Flat Fee $200.00 $225.00 Domestic Water Supply 43 First 15m First 15m $100.00 $100.00 44 Per additional 15m Per additional 15m $35.00 $35.00 Fire Services Main 45 First 15m First 15m $100.00 $100.00 46 Per additional 15m Per additional 15m $35.00 $35.00 47 Geothermal for houses Flat Fee $250.00 $250.00 48 Geothermal Single for all Other Flat Fee $250.00 $250.00 Page 28 of 40 Page 108 of 345 Watson & Associates Economists Ltd. PAGE 3-8 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx Table 3-5 (Cont’d) Recommended Building Permit Fees Description Charging Parameter Current Fees Recommended Fees BUILDING STAND ALONE PERMITS FOR ALTERATIONS, RENOVATIONS AND REPAIR Building Improvement 49 Demising Wall Flat Fee $150.00 $225.00 50 Building Envelope Replacement (Roofing, cladding, windows, waterproofing etc.)Flat Fee $375.00 $375.00 51 Foundation Replacement Per Sq. m $3.03 $3.03 52 Roof Structure Replacement Flat Fee $375.00 $375.00 53 Concrete Restoration Flat Fee $375.00 $375.00 Plumbing Building Construction 54 Plumbing Systems Alterations Flat Fee $100.00 $225.00 55 Grease, Oil Interceptor Flat Fee $200.00 $225.00 56 Backflow Valve, Backflow Preventer, Sump pumps Flat Fee $150.00 $225.00 57 Replacement of Domestic Water Lines and Risers Flat Fee $200.00 $225.00 58 Weeping Tile Replacement Flat Fee $200.00 $225.00 59 Plumbing Fixtures Flat Fee $100.00 $225.00 Fire Protection System and Life Safety Systems 60 Electromagnetic Lock/Electric Strikes Flat Fee $150.00 $225.00 61 Fire Alarm System Flat Fee $275.00 $275.00 62 Fire Alarm Annunciator Panel Flat Fee $275.00 $275.00 63 Life Safety Devices Flat Fee $275.00 $275.00 64 Sprinkler System Flat Fee $275.00 $275.00 65 Standpipe System Flat Fee $275.00 $275.00 Mechanical System 66 Commercial Cooking Exhaust System Flat Fee $275.00 $275.00 67 Heating, Ventilation, Air Conditioning Roof Top Units (per unit)Flat Fee $275.00 $275.00 68 Heating, Ventilation, Air Conditioning Duct Work (per Area) Per Sq. m $7.90 $7.90 69 Furnace or Hot Water Tank Replacement Unit (per Unit)Flat Fee $150.00 $225.00 70 Boiler Replacement unit Flat Fee $150.00 $225.00 71 Spray Booth Flat Fee $275.00 $275.00 Miscellaneous Works 72 Stages Flat Fee $275.00 $300.00 73 Fire Place or Wood Stove Flat Fee $150.00 $225.00 74 For categories not listed $15 per $1,000 of valuated construction cost or portion thereof 75 Shoring (per linear metre)Per linear metre $29.00 $29.00 76 Under Pinning (per linear metre)Per linear metre $29.00 $29.00 77 Storage Rack as per 3.16 Flat Fee $250.00 $300.00 78 Roof Anchors Flat Fee $250.00 $300.00 79 Re-Roofing of Buildings Other than houses Flat Fee $375.00 $375.00 80 Tiny Homes Per Sq. m $12.09 $12.09 81 Site Grading for Residenial developments that are 10 units or less Flat Fee $250.00 $300.00 82 Certifed Model Homes Service Flat Fee $250.00 $300.00 DESIGNATED STRUCTURES 83 Communication Tower Flat Fee $250.00 $300.00 84 Retaining Wall Flat Fee $250.00 $300.00 85 Silo Flat Fee $250.00 $300.00 86 Pedestrian Bridge/Walkway Flat Fee $250.00 $300.00 87 Outdoor Public Spa Flat Fee $475.00 $475.00 88 Outdoor Public Swimming Pool Flat Fee $475.00 $475.00 89 Satellite Dish Flat Fee $250.00 $300.00 90 Air Supported Structure, Tent, Temporary Fabric Structure Flat Fee $150.00 $300.00 91 Pylon Sign Structure Flat Fee $250.00 n/a 92 Roof Sign with Face over 10 m2 Flat Fee $300.00 $300.00 93 Pylon Sign over 7.5 m in height Flat Fee $300.00 $300.00 94 Projection Sign over 115 kg in weight Flat Fee $250.00 $300.00 95 Solar Panels Flat Fee $350.00 $350.00 96 Crane Runway Flat Fee $250.00 $300.00 97 Exterior Storage Tank Flat Fee $250.00 $300.00 98 Wind Turbine Generator having a rated output more than 3kW Flat Fee $350.00 $350.00 CONDITIONAL PERMITS 99 Conditional Permit Agreement Flat Fee $500.00 $500.00 100 Conditional permit Security Deposit (10% of construction cost of phase being built) % of Construction Cost of Phase Being Built 10%10% Condition Permit Stages: 101 Site Servicing (100 % Permit fee)100%100% 102 Substructure Structure and Servicing (15%)15%15% 103 Superstructure (55%)55%55% 104 Building Envelope (80%)80%80% 105 Building Interior (100%)100%100% Page 29 of 40 Page 109 of 345 Watson & Associates Economists Ltd. PAGE 3-9 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx Table 3-5 (Cont’d) Recommended Building Permit Fees The fee recommendations have been made to remain with the range of fees imposed by comparator municipalities with the Region of Niagara with regard for the affordability and competitiveness of the fees. The key changes to the recommended fees are summarized as follows: • Uniform fees to be imposed for Group A, B, D, E permit fees for complete construction, shell permits, and interior finishes and alterations. o $27.89 per sq.m. for complete buildings (50% to 84% increases) o $22.32 per sq.m for shell permits (50% to 84% increases) o $11.88 per sq.m for interior finish/alterations (7% to 31% increases) • Fees for Group F industrial permits to increase by 100% • Fees for low and medium density residential housing, and heated additions to be charged $17.00 per sq.m. (41% to 48% increase). • Apartment and hotel permit fees to be charged $18.59 per sq.m. for buildings of 6 storeys or less and $17.00 per sq.m. for buildings of 7 storeys or more. • Accessory building fees and covered deck/porch to increase from $3.89 and $3.44 per sq.m., respectively, to $7.00 per sq.m. Description Charging Parameter Current Fees Recommended Fees DEMOLITION 106 Residential - Single, Semi-Detached, Duplex Dwellings Townhouses, Row Housing Flat Fee $150.00 $225.00 107 Accessory Structure Flat Fee $150.00 $150.00 All Other Buildings 108 •with gross floor area equal to or less than 600m2 Per Sq. m $0.30 $0.38 109 •with gross floor area greater than 600m2 Per Sq. m $0.30 $0.38 ADMINISTRATION FEE 110 Occupancy of an Unfinished Building (High-rise Residential)Flat Fee $150.00 $225.00 111 Occupancy of an Unfinished Building for all other Flat Fee $150.00 $225.00 112 Limiting Distance Agreement Flat Fee $1,000.00 $1,000.00 113 Alternative Solution Per Hour (Minimum 4 hours)$125.00 $125.00 114 Premature Inspection Flat Fee $75.00 n/a 115 Suspended or Cancel Permit Flat Fee $150.00 $225.00 116 Change of Use Permit with no construction Flat Fee $75.00 $225.00 117 Compliance Letters Flat Fee $215.00 $225.00 118 Transfer of Permit Ownership Flat Fee $150.00 $225.00 119 Additional Plan Review Per Hour $75.00 $125.00 120 Liquour Licence Clearance Letter Flat Fee $150.00 $225.00 121 Not-Ready Inspection Flat Fee $75.00 $125.00 122 Construction without a permit 2x Permit Fee 2x Permit Fee 123 Fast Tracking Permit Review $600 in addition to permit fee 124 After Hour Inspection Per Hour $150.00 $150.00 125 Permission to defer Permit Revocation Flat Fee $100.00 $225.00 126 Amendment to Permit Administration Per Hour $100.00 $125.00 127 Pre-Application Review Per Hour $75.00 $125.00 128 Conditional Permit Administration Fee 129 Amendment to a Conditional Permit Agreement Per Hour $100.00 $125.00 130 Partial Permit 131 Permit Application Extension Flat Fee $100.00 $225.00 Page 30 of 40 Page 110 of 345 Watson & Associates Economists Ltd. PAGE 3-10 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx • Attached garage/carport fees to increase by 71% to $16.15 per sq.m. • Pre-application review fees to be increased from $75 per hour to $125 per hour • Introduction of $225 minimum permit fee 3.4 Building Permit Fee Impacts To understand the impacts of the proposed full cost recovery building permit fees, the current and proposed fee for a sample of common building permits has been compared with the fees in Niagara Region municipalities. Figures 3-2 to 3-7 summarize the building permit fees for the following permit types: • 275 sq.m. single detached home permit: • 200 sq.m. Townhouse permit; • 15 sq.m. residential accessory building permit; • 5,000 sq.m. high density residential building; • 1,000 sq.m. commercial building permit; and • 5,000 sq.m. industrial building permit The comparisons demonstrate that under the current fees, the City’s fees are the lowest in the Region, while for the proposed fees the City’s position relative to the comparator municipalities will increase but will remain within the range of fees imposed. For example, the proposed fees for a 275 sq.m. single detached home would increase by $1,350 (+ 41%) but would still be less than the fees imposed in St. Catharines, Port Colborne, Welland, and Pelham. Page 31 of 40 Page 111 of 345 Watson & Associates Economists Ltd. PAGE 3-11 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx Figure 3-2 Municipal Comparison Figure 3-3 Municipal Comparison - 1,000 2,000 3,000 4,000 5,000 6,000 Permit Fee ($)Single Detached Home (275 sq.m.) +$1,350 (+41%) - 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 Permit Fee ($)Townhouse (200 sq.m.) +$1,104 (+48%) Page 32 of 40 Page 112 of 345 Watson & Associates Economists Ltd. PAGE 3-12 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx Figure 3-4 Municipal Comparison Figure 3-5 Municipal Comparison - 50 100 150 200 250 300 Permit Fee ($)Residential Accessory Buidling (15 sq.m.) / Minimum Fee +$167 (+286%) - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 Permit Fee ($)High Density Residential (5,000 sq.m.) +$25,300 (+51%) Page 33 of 40 Page 113 of 345 Watson & Associates Economists Ltd. PAGE 3-13 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx Figure 3-6 Municipal Comparison Figure 3-7 Municipal Comparison An impact analysis has also been prepared to assess the total planning application fees, building permit fees, and development charges for a low-density residential development. The comparison illustrates the impacts of the recommended building permit fees in the context of the total development fees payable to provide a broader - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 Permit Fee ($)Commerical Retail (1,000 sq.m.) +$12,760 (+84%) - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 Permit Fee ($)Industrial (5,000 sq.m) +$32,384 (+100%) Page 34 of 40 Page 114 of 345 Watson & Associates Economists Ltd. PAGE 3-14 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx context for the fee considerations. In addition to providing the fee impacts for the City, the development impact analysis provides the comparisons for the same municipalities, within the Region as above. The City’s current development fees imposed on a 100-unit single detached residential subdivision that have been considered include zoning by-law amendment fees and subdivision application fees, building permit fees, and development charges. On a per unit basis, these fees currently total $45,600. Building permit fees account for 5.1% of the total per unit fees imposed. The recommended fees would increase the total fees payable by $982 per unit or an increase of 2.1% in total development costs. With the proposed increases, the City’s overall ranking would be unchanged at 5th in place relative to the nine other municipalities included in the survey and shown in Figure 3-8 below. Figure 3-8 Survey of fees Related to a Low-Density Residential Development (100-Unit Single Detached Units, 200 m2 GFA each) $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 Survey of Fees Related to a Residential Subdivision Development (100 Single Dwelling Units, 200 m² GFA each) Plan of Subdivision Zoning By-Law Amendment Building Permit Fees Development Charges Page 35 of 40 Page 115 of 345 Watson & Associates Economists Ltd. H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx Chapter 4 Conclusion Page 36 of 40 Page 116 of 345 Watson & Associates Economists Ltd. PAGE 4-1 H:\Niagara Falls\Niagara Falls 2019 Building Permit Study\Report\City of Niagara Falls 2023 Building Permit Fees Review Final Report.docx 4. Conclusion Summarized in this technical report is the legislative context for the building permit fee review, the methodology undertaken, A.B.C. results and full cost of service, and fee structure recommendations. In developing the recommended fee structure, careful consideration was given to affordability, market competitiveness, and to the recent trends pertaining to building permit fees. The full cost of administration and enforcement of the Building Code has been analyzed as well as current cost recovery levels and cost recovery levels based on the recommended fees. Furthermore, the impacts of the recommended fees would have on the City’s building permit reserve fund have also been assessed. The fee recommendations have been made while having regard for applicant affordability, market competitiveness and compliance with the governing legislation. Overall, based on these fee recommendations, average annual building permit fee revenue would increase by $1.2 million or 37%, thereby reducing the burden on municipal taxes to fund these services and contributing to reserve funds to ensure future service stability and mitigate the financial and operational risk associated with a temporary downturn in building permit activity. The intent of the fees review is 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. The City will ultimately determine the level of cost recovery and implementation strategy that is suitable for their objectives. Page 37 of 40 Page 117 of 345 Table 3-5 Recommended Building Permit Fees Description Charging Parameter Current Fees Recommended Fees NEW BUILDINGS MINIMUM BUILDNG PERMIT CHARGE Minimum Building Permit Charge $150.00 Group A - Assemblies Occupancies 1 All Recreation Facilities, Schools, Daycare Facilities, Libraries, Places of Worship restaurants (finished), Theatres, Arenas, Gymnasiums, Transit Stations, Bus terminals Indoor Pools, and all other Group A Buildings Per sq. m $18.59 $27.89 2 Open Public Swimming Pool Flat Fee $475.00 $2,000.00 3 Portable Classroom Flat Fee $475.00 $915.00 4 Assemby Building Shell Per sq. m $14.87 $22.31 5 Assemby Building Interior Finish Per sq. m $11.15 $11.88 Group B - Institutional Occupancies 6 Institutional, Hospital, Medical Care Facilities, Nursing Homes, Care Homes, and All other Group B Buildings Per sq. m $18.59 $27.89 7 Institutional Building Interior Finish Per sq. m $11.15 $11.88 Group C - Residential Occupancies 8 Single, Semi-Detached, Duplex Dwellings, Detached Accessory Dwelling Units Per sq. m $12.09 $17.00 9 Townhouses, Row Housing, Per sq. m $11.48 $17.00 10 Stacked Townhouses, Multiple Dwellings up to fourplex Per sq. m $11.48 $17.00 11 Apartment and Hotel 12 Hotel, Apartement buildings 6 storeys or Less Per sq. m $14.92 $18.59 13 Hotel, Apartement buildings 7 storeys or More Per sq. m $14.92 $17.00 14 Motels, Boarding, Lodging or rooming house Per sq. m $18.59 $18.59 15 Interior Renovation, Finished Basement, Interior Accessory Dwelling Units Per sq. m $6.65 $10.00 16 Heated Additions to a House Per sq. m $12.09 $17.00 17 Unheated Additions to a House Per sq. m $12.09 $12.09 18 Accessory Building (Garage, or Shed) Per sq. m $3.89 $7.00 19 Attached Garage/Carport to an existing House Per sq. m $9.45 $16.15 20 Cover Deck/Porch Per sq. m $3.44 $7.00 21 Uncover Deck/Porch Flat Fee $150.00 $225.00 22 Mobile Homes Flat Fee plus $250.00 $320.00 23 Uncertified Mobile Home (foundation included) Per sq. m $6.43 24 Mobile Home Foundation Per sq. m $1.84 Group D - Business and Personal Services 25 Office, Medical Building, Financial Institution, and all other Group D Buildings Complete Per sq. m $18.59 $27.89 26 Office, Medical Building, Financial Institution, and all other Group D Buildings Shell Per sq. m $14.87 $22.31 27 Office, Medical Building, Financial Institution, and all other Group D Buildings Interior Finish Per sq. m $11.15 $11.88 Group E - Mercantile Occupancies 28 Retail Building Complete Per sq. m $15.13 $27.89 29 Retail Building Shell Per sq. m $12.11 $22.31 30 Retail Building Interior finish Per sq. m $9.07 $11.88 31 Restaurants Interior Finish (not greater than 30 persons) Per sq. m $9.07 $11.88 Group F - Industrial Occupancies 32 Industrial Buildings Complete Per sq. m $7.36 $14.72 33 Industrial Building Shell Per sq. m $5.89 $11.78 34 Industrial Building Interior Finish Per sq. m $4.42 $8.84 35 Gas Bar Canopies Per sq. m $12.62 $12.62 36 Car Washes Per sq. m $12.62 $12.62 37 Parking Garage (underground, open air) Per sq. m $5.29 $7.94 38 Farm Buildings Per sq. m $3.72 $5.58 39 Green Houses non-residential Per sq. m $3.72 $5.58 Site Services Plumbing Construction Outside of Building Sanitary and Storm Piping 40 First 15m First 15m $100.00 $225.00 41 Per additional 15m Per additional 15m $35.00 $35.00 42 Manholes, Catch basin Flat Fee $200.00 $225.00 Domestic Water Supply 43 First 15m First 15m $100.00 $100.00 44 Per additional 15m Per additional 15m $35.00 $35.00 Fire Services Main 45 First 15m First 15m $100.00 $100.00 46 Per additional 15m Per additional 15m $35.00 $35.00 47 Geothermal for houses Flat Fee $250.00 $250.00 48 Geothermal Single for all Other Flat Fee $250.00 $250.00 $225.00 Appendix #2 Page 38 of 40 Page 118 of 345 Table 3-5 (Cont’d) Recommended Building Permit Fees Description Charging Parameter Current Fees Recommended Fees BUILDING STAND ALONE PERMITS FOR ALTERATIONS, RENOVATIONS AND REPAIR Building Improvement 49 Demising Wall Flat Fee $150.00 $225.00 50 Building Envelope Replacement (Roofing, cladding, windows, waterproofing etc.) Flat Fee $375.00 $375.00 51 Foundation Replacement Per Sq. m $3.03 $3.03 52 Roof Structure Replacement Flat Fee $375.00 $375.00 53 Concrete Restoration Flat Fee $375.00 $375.00 Plumbing Building Construction 54 Plumbing Systems Alterations Flat Fee $100.00 $225.00 55 Grease, Oil Interceptor Flat Fee $200.00 $225.00 56 Backflow Valve, Backflow Preventer, Sump pumps Flat Fee $150.00 $225.00 57 Replacement of Domestic Water Lines and Risers Flat Fee $200.00 $225.00 58 Weeping Tile Replacement Flat Fee $200.00 $225.00 59 Plumbing Fixtures Flat Fee $100.00 $225.00 Fire Protection System and Life Safety Systems 60 Electromagnetic Lock/Electric Strikes Flat Fee $150.00 $225.00 61 Fire Alarm System Flat Fee $275.00 $275.00 62 Fire Alarm Annunciator Panel Flat Fee $275.00 $275.00 63 Life Safety Devices Flat Fee $275.00 $275.00 64 Sprinkler System Flat Fee $275.00 $275.00 65 Standpipe System Flat Fee $275.00 $275.00 Mechanical System 66 Commercial Cooking Exhaust System Flat Fee $275.00 $275.00 67 Heating, Ventilation, Air Conditioning Roof Top Units (per unit) Flat Fee $275.00 $275.00 68 Heating, Ventilation, Air Conditioning Duct Work (per Area) Per Sq. m $7.90 $7.90 69 Furnace or Hot Water Tank Replacement Unit (per Unit) Flat Fee $150.00 $225.00 70 Boiler Replacement unit Flat Fee $150.00 $225.00 71 Spray Booth Flat Fee $275.00 $275.00 Miscellaneous Works 72 Stages Flat Fee $275.00 $300.00 73 Fire Place or Wood Stove Flat Fee $150.00 $225.00 74 For categories not listed $15 per $1,000 of valuated construction cost or portion thereof 75 Shoring (per linear metre) Per linear metre $29.00 $29.00 76 Under Pinning (per linear metre) Per linear metre $29.00 $29.00 77 Storage Rack as per 3.16 Flat Fee $250.00 $300.00 78 Roof Anchors Flat Fee $250.00 $300.00 79 Re-Roofing of Buildings Other than houses Flat Fee $375.00 $375.00 80 Tiny Homes Per Sq. m $12.09 $12.09 81 Site Grading for Residenial developments that are 10 units or less Flat Fee $250.00 $300.00 82 Certifed Model Homes Service Flat Fee $250.00 $300.00 DESIGNATED STRUCTURES 83 Communication Tower Flat Fee $250.00 $300.00 84 Retaining Wall Flat Fee $250.00 $300.00 85 Silo Flat Fee $250.00 $300.00 86 Pedestrian Bridge/Walkway Flat Fee $250.00 $300.00 87 Outdoor Public Spa Flat Fee $475.00 $475.00 88 Outdoor Public Swimming Pool Flat Fee $475.00 $475.00 89 Satellite Dish Flat Fee $250.00 $300.00 90 Air Supported Structure, Tent, Temporary Fabric Structure Flat Fee $150.00 $300.00 91 Pylon Sign Structure Flat Fee $250.00 n/a 92 Roof Sign with Face over 10 m2 Flat Fee $300.00 $300.00 93 Pylon Sign over 7.5 m in height Flat Fee $300.00 $300.00 94 Projection Sign over 115 kg in weight Flat Fee $250.00 $300.00 95 Solar Panels Flat Fee $350.00 $350.00 96 Crane Runway Flat Fee $250.00 $300.00 97 Exterior Storage Tank Flat Fee $250.00 $300.00 98 Wind Turbine Generator having a rated output more than 3kW Flat Fee $350.00 $350.00 CONDITIONAL PERMITS 99 Conditional Permit Agreement Flat Fee $500.00 $500.00 100 Conditional permit Security Deposit (10% of construction cost of phase being built) % of Construction Cost of Phase Being Built 10% 10% Condition Permit Stages: 101 Site Servicing (100 % Permit fee) 100% 100% 102 Substructure Structure and Servicing (15%) 15% 15% 103 Superstructure (55%) 55% 55% 104 Building Envelope (80%) 80% 80% 105 Building Interior (100%) 100% 100% Page 39 of 40 Page 119 of 345 Table 3-5 (Cont’d) Recommended Building Permit Fees Description Charging Parameter Current Fees Recommended Fees DEMOLITION 106 Residential - Single, Semi-Detached, Duplex Dwellings Townhouses, Row Housing Flat Fee $150.00 $225.00 107 Accessory Structure Flat Fee $150.00 $150.00 All Other Buildings 108 • with gross floor area equal to or less than 600m2 Per Sq. m $0.30 $0.38 109 • with gross floor area greater than 600m2 Per Sq. m $0.30 $0.38 ADMINISTRATION FEE 110 Occupancy of an Unfinished Building (Apartment Residential and Multi-Storey Commercial per floor charge) Flat Fee $150.00 $225.00 111 Occupancy of an Unfinished Building for all other (per floor or unit charge) Flat Fee $150.00 $225.00 112 Limiting Distance Agreement Flat Fee $1,000.00 $1,000.00 113 Alternative Solution Per Hour (Minimum 4 hours) $125.00 $125.00 114 Premature Inspection Flat Fee $75.00 n/a 115 Suspended or Cancel Permit Flat Fee $150.00 $225.00 116 Change of Use Permit with no construction Flat Fee $75.00 $225.00 117 Compliance Letters Flat Fee $215.00 $225.00 118 Transfer of Permit Ownership Flat Fee $150.00 $225.00 119 Additional Plan Review Per Hour $75.00 $125.00 120 Liquour Licence Clearance Letter Flat Fee $150.00 $225.00 121 Not-Ready Inspection Flat Fee $75.00 $125.00 122 Construction without a permit 2x Permit Fee 2x Permit Fee 123 Fast Tracking Permit Review $600 in addition to permit fee 124 After Hour Inspection Per Hour $150.00 $150.00 125 Permission to defer Permit Revocation Flat Fee $100.00 $225.00 126 Amendment to Permit Administration Per Hour $100.00 $125.00 127 Pre-Application Review Per Hour $75.00 $125.00 128 Conditional Permit Administration Fee 129 Amendment to a Conditional Permit Agreement Per Hour $100.00 $125.00 130 Partial Permit 131 Permit Application Extension Flat Fee $100.00 $225.00 Page 40 of 40 Page 120 of 345 905.684.9459 | www.niagararealtor.ca | nar@niagararealtor.ca 116 Niagara Street, St. Catharines, ON L2R 4L4 October 2, 2023 Mr. Jim Diodati Mayor City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Re: Council Agenda Item 8.3 Building Permit Fee Review Dear Mayor: The Niagara Association REALTORS® (NAR), representing 1,500 real estate professionals in the Niagara Falls area, would like to express our concerns and reservations regarding the proposal coming to Council on October 3rd to increase building permit fees within the city. While we understand that the city may be facing budgetary challenges and seeking additional sources of revenue, we believe it is essential to consider the broader implications of this proposed increase. Specifically, we are concerned about the potential consequences of raising fees on residential housing during a time when our community is grappling with a housing affordability crisis. The current housing market in Niagara Falls is already placing strain on prospective homebuyers and renters alike. Housing prices have been steadily rising, and many residents are struggling to find affordable housing options. We believe that increasing building permit fees would only exacerbate this problem by further increasing the overall cost of housing. This is especially concerning when we consider the impact on first-time homebuyers, low-income families, and seniors on fixed incomes. Affordable housing is a fundamental component of a thriving and inclusive community. We urge the City Council to prioritize measures that enhance housing affordability, rather than imposing additional financial burdens on residents. We kindly request that the City Council reconsider the proposal to increase building permit fees. Thank you for your attention to this critical matter. Sincerely, Amy Layton Amy Layton 2023 NAR President Cc: NAR Government Relations Committee Page 121 of 345 F-2023-27 Report Report to: Mayor and Council Date: October 3, 2023 Title: 2023 Q2 Parking Fund Budget to Actual Variance (Unaudited) Recommendation(s) That the Parking Fund Budget to Actual Variance report for the period ended June 30, 2023 be RECEIVED. Executive Summary This report is intended to provide Council with information and details pertaining to the 2023 budget to actual variance results for the quarter ended June 30, 2023 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 2023 Q2 budget to actual results of the Parking fund. Analysis Attachment 1 contains the Parking Fund 2023 Q2 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 $144,897. These revenue sources have rebounded and are exceeding pre-COVID levels. Changes implemented by staff, such as increasing the flat rate from $10 to $15, were well received by the public and have resulted in increased user fee revenue. In addition, a 10% increase in fines and increased student patrols in the Fallsview area have resulted in additional Page 1 of 4 Page 122 of 345 fine revenue. The City was also successful in negotiating a billboard lease which resulted in unbudgeted revenue of $32,500 but which includes a settlement amount for prior years. This will be a $2,500 revenue source in future years. 2. Transfers from Special Purpose Reserves was budgeted at $156,512. Due to the favourable variance for miscellaneous revenues, it is anticipated that this funding will not be required and that the parking fund will be in a surplus position. This funding is transferred from the tax levy supported operating budget and as a result would be transferred back with a subsequent savings in the general operating budget. Expenses 3. Materials have a favourable variance of $14,628 largely due to a delay in procuring parts for parking machine repairs and maintenance, although funds are anticipated to be fully used by year-end. There is a negative variance of $3,151 in office supplies due to the purchase of a large stock of ticket books which will last through the year; therefore, there is not expected to be a negative variance at year-end as the 3rd and 4th quarter budgets were essentially utilized. All other items are on track with budget. 4. Contracted Services have a favourable variance of $60,876. This is due to outstanding invoices for Commissionaires services and Hectronic parking machine monitoring fees. 5. Internal Rent have a favourable variance of $28,483. This is due to outstanding postings of fleet charges for the second quarter but costs are expected to be on track with budget. 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. Revenues have rebounded in 2023 and are exceeding pre-COVID levels, so staff are projecting a surplus at year-end. As a result, for the first time in a few years, the parking fund will be in a position to not rely on any funding from the Tax Rate Stabilization Reserve. 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 - Page 2 of 4 Page 123 of 345 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-2023-27 Attachment 1 - Q2 2023 Parking Budget to Actual Written by: Jessica Sinkowski, Financial Analyst Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 22 Sep 2023 Shelley Darlington, General Manger of Corporate Services Approved - 25 Sep 2023 Jason Burgess, CAO Approved - 25 Sep 2023 Page 3 of 4 Page 124 of 345 Attachment 1 F-2023-27 October 3, 2023 2023 Q2 Budget to Actual Comparison Budget Budget to June 30 (50%)Actuals (Over)/ Under Budget Variance (Over)/ Under Budget Used 2023 2023 2023 $%% REVENUES Fines 476,600 238,300 310,276 (71,976)(30.2%)65.1% Permits 157,300 78,650 119,409 (40,759)(51.8%)75.9% User Fees 638,200 319,100 318,762 338 0.1%49.9% Licenses 0 0 32,500 (32,500)#DIV/0!#DIV/0! Miscellaneous Revenue 1,272,100 636,050 780,947 (144,897)(22.8%)61.4%[1] From Special Purpose Reserves 156,512 78,256 78,256 0 0.0%50.0%[2] Internal Transfers 156,512 78,256 78,256 0 0.0%50.0% TOTAL REVENUE 1,428,612 714,306 859,203 (144,897)(20.3%)60.1% EXPENSES Labour 421,458 210,729 220,273 (9,544)(4.5%)52.3% Employee Benefits Allocation 124,569 62,285 69,213 (6,929)(11.1%)55.6% Overtime 1,500 750 369 381 50.8%24.6% Labour and Benefits 547,527 273,764 289,855 (16,091)(5.9%)52.9% Materials 82,900 41,450 24,530 16,920 40.8%29.6% Professional Development 800 400 0 400 100.0%0.0% Insurance Premiums 230 115 100 15 13.1%43.4% Conferences/Conventions 3,000 1,500 1,435 65 4.3%47.8% Membership/Subscriptions 600 300 0 300 100.0%0.0% Office Supplies 6,400 3,200 6,351 (3,151)(98.5%)99.2% Electricity 4,800 2,400 2,321 79 3.3%48.3% Materials 98,730 49,365 34,737 14,628 29.6%35.2%[3] Contracted Services 468,100 234,050 173,174 60,876 26.0%37.0%[4] Snow Plowing 108,500 54,250 53,450 800 1.5%49.3% Contracted Services 576,600 288,300 226,624 61,676 21.4%39.3% Rents and Financial Expenses 68,000 34,000 40,715 (6,715)(19.7%)59.9% Internal Rent 69,898 34,949 6,466 28,483 81.5%9.3%[5] Indirect Costs 67,857 33,929 33,929 0 0.0%50.0% Internal Transfers 137,755 68,878 40,394 28,483 41.4%29.3% TOTAL EXPENSES 1,428,612 714,306 632,325 81,981 11.5%44.3% (Surplus)/Deficit 0 0 (226,878)226,878 PARKING FUND Page 4 of 4 Page 125 of 345 PBD-2023-59 Report Report to: Mayor and Council Date: October 3, 2023 Title: PBD-2023-59 GTY-2019-002, Gateway Economic Community Improvement Plan and Municipal Employment Incentive Program Application 6162 Progress Street Applicant: 1992328 Ontario Inc. Recommendation(s) 1. That Council approve the Niagara Gateway CIP Tax Increment Based Grant program and Municipal Employment Incentive Program Application for 6162 Progress Street, subject to the Owner satisfying the program requirements. 2. That Council approve the use of the CIP City Wide reserve fund if reserves are required to offset the approximate planning and building permit fees and study grant costs of $64,890.00. 3. That the Niagara Region be advised of the decision of City Council. 4. That the Mayor and Clerk be authorized to sign and execute the Tri-Party grant agreement and Municipal Employment Incentive Program Agreement. Executive Summary The Economic Gateway CIP and Municipal Employment Incentive Plan (MEIP) applications can be supported as: - the lands are designated as Industrial in the City’s Official Plan and are intended for employment uses; - the minimum point eligibility requirements for both programs are met; and - the development will bring a combination of investment and new employment to the City and Region. Based on the preliminary review of the development, along with an estimated post -project assessment, it is estimated that the applicant may receive a total grant in both Municipal and 10 over year per taxes approximately of years Regional $224,863.49 ($2,248,634.87). The Municipal portion of the grant at the end of the 10 year TIBG term is estimated to be $949,418.95. Background Page 1 of 7 Page 126 of 345 Council originally supported a Gateway CIP and MEIP for this development in 2019. Subsequent to the Council decision and due to unforeseen circumstances, the applicant has (G.W. Company Engineering Construction new Work to switch to had a Construction). The new industrial facility would have a total gross floor area of 5,951 sq. m (64,058 sq. ft.) for the vacant 1.69 ha (4.17 ac) land parcel on Progress Street. The revised building design is slightly smaller (approximately 722 sq. m. or 27,771 sq. ft.) than the design previously considered. The new construction and related expansion will support the retention of the company’s current 60 jobs and support future hires of 40 -50 full time employees. Niagara River Trading Company is a provider of products to over 2,000 active retail customers in the souvenir and resort industry in Canada and the USA. The Company is projecting sales of over $17 million tor 2023 and is expecting to increase to over $20 million by the time the new facility is complete. They have indicated that they have outgrown their current space at 6199 Don Murie Street. An application for the tax increment-based incentive under the Niagara Gateway Community Improvement Plan has been submitted for the new construction. Also submitted is an application under the City’s Municipal Employment Incentive Program (MEIP) for a rebate of site plan control application fees and building permit fees, and a study grant. The grants related to the MEIP are available for those applications that have met the eligibility requirements under the Gateway CIP. Analysis The Niagara Gateway Economic Zone Community Improvement Plan (Gateway CIP) was initiated by the Niagara Region to achieve the goals of the Province’s Growth Plan to revitalize, diversify and strengthen the economy in Niagara by promoting development of employment lands in the Gateway Economic Zone. The Region’s Gateway CIP was adopted in 2013 and the City approved a corresponding CIP soon thereafter. Development, in construction, or rehabilitation projects that result in an increase assessment value and property taxes for employment uses are eligible for the tax increment based grant (TIBG) under the Gateway CIP. Eligibility The subject lands are designated Industrial in the Official Plan and are intended for employment uses. The lands are zoned Light Industrial (LI) Zone. An application for site plan control was completed in February 2022. Gateway Tax Increment Based Grant (TIBG) Eligibility under the Gateway Grant program is based on a point formula attributed to construction value, full time employment created or retained and smart growth design criteria. The total of these points correspond to the level of the tax increment base d grant offered. Page 2 of 7 Page 127 of 345 Based on a review of the application that the applicant submitted, the development could attain: • 3 points for a construction value of $10,000.000; • 10 points for a total of 100 full time jobs created and retained; • 6 points for design criteria (for façade design, pedestrian/bicycle access and facilities, waste and water consumption reduction design); for a total of 18 points or a rebate of 90% of the increased tax assessment. The final number cannot be determined until final confirmation of the actual jobs created, the tax assessment increase, and any other relevant program requirements. The subject lands are located within a designated employment area and are, therefore, eligible for a TIBG term of 10 years for both the Region and City portion of the tax increment. It is noted that the education tax is not included within the grant. Municipal Employment Incentive Program (MEIP) The City’s Municipal Employment Incentive Program (MEIP) offers further incentives to those applicants who have been deemed eligible under the Gateway TIBG. These include: • a waiver to the Site Plan Control Application Fee and a Building/Occupancy Permit Rebate; and • a study grant. A breakdown of all of the estimated financial incentives available for this project is as follows: TIBG $2,248,634 a 90% rebate of the estimated tax increment calculated over a 10 year term. (The approximate breakdown of tax rebate per year is $ 94,941.89 from the City and $129,921,59 from the Region for a yearly rebate of $224,863.49. MEIP $ 4,000 Site Plan Control Application Fee waiver $ 50,000 Estimated Building Permit Fee Rebate (maximum eligible amoun t is $50,000, based on available funding, the Building Permit fee associated with BP - 2023-059 is $58,224.39). $ 10,890 Study Grant. Calculated as 50% of the cost of a required study up to a maximum of $5,000 per study and a maximum of $20,000 per p roperty. The eligible studies submitted include topographic survey, stormwater/site servicing; geotechnical and archaeological. The total of all incentives available to the applicant is $2,313,524. Process Page 3 of 7 Page 128 of 345 As a joint program between the City and the Niagara Region, the approval of City Council is required prior to Regional review for the Gateway TIBG. If Council supports the updated application, the applicant must enter into a new Tri–Party Agreement with the City and Region outlining the terms and conditions of the funding. This agreement would be authorized and signed by the Mayor and Clerk and forwarded to the Region for signature. A new agreement will also be entered into between the City and the applicant for the terms and conditions of the MEIP. The payment of grants commence upon verification of the program requirements and reassessment of the property MPAC (Municipal Property Assessment Corporation). Applicants are given 365 days from the issuance of an occupancy permit within which to contact the City regarding the achievement of the eligibility points outlined in their submission. Financial Implications/Budget Impact The Tax Increment Based Grant (TIBG) is provided when the construction is completed and the Municipal Property Assessment Corporation has added the additional taxable assessment to the roll. This will impact a future taxation year and will be accounted for at that time. Based on the preliminary review of the development, along with an estimated post -project assessment, it is estimated that the applicant may receive a total grant in both Municipal and years 10 over per year approximately of taxes Regional $224,863.49 ($2,248,634.87). The Municipal portion of the grant at the end of the 10 year TIBG term is estimated to be $949,418.95. The property owner has a series of incentives available on this project. It is anticipated that there will be approximately $64,890.00 of app licable planning and building permit fees and study grants that will be offset with a transfer of capital/operating reserves. The transfer of building permit fees is a requirement of the building legislation. Strategic/Departmental Alignment The City's Community Improvement Plans contribute to the Strategic Pillar of Economic Diversity and Growth of the City’s proposed 2023 -2027 Strategic Plan by providing incentives for private sector reinvestment and employment for the City. List of Attachments APPENDIX 1 - Location Map and Proposed Facade Plan APPENDIX 2 - Site Plan Written by: Brian Dick, Manager of Policy Planning Submitted by: Status: Page 4 of 7 Page 129 of 345 Andrew Bryce, Director of Planning Approved - 22 Sep 2023 Kira Dolch, General Manager, Planning, Building & Development Approved - 25 Sep 2023 Jason Burgess, CAO Approved - 25 Sep 2023 Page 5 of 7 Page 130 of 345 Appendix 1 Location Map and Proposed Facade Plan Page 6 of 7 Page 131 of 345 APPENDIX 2 SITE PLAN Page 7 of 7 Page 132 of 345 A Great City … For Generations To Come FIRE DEPARTMENT Inter-Departmental Memo To: Bill Matson City Clerk From: Jo Zambito Fire Chief Date: August 31, 2023 Re: Fire Prevention Week 2023 Please arrange to have the attached Proclamation placed on the October 3, 2023 Order of Business for Council. It is requested that the week of October 8 to October 14, 2023 be proclaimed as “Fire Prevention Week”. This year’s theme is “Cooking safety starts with YOU. Pay attention to fire prevention.” JZ:dt Attach. Page 133 of 345 City of Niagara Falls Mayor’s Proclamation WHEREAS the City of Niagara Falls is committed to ensuring the safety and security of all those living and visiting our City; and WHEREAS fire is a serious public safety concern, both locally and nationally, and homes are where people are at the greatest risk to fire; and WHEREAS roughly two-thirds of home fire deaths resulted from fires in which no smoke alarms or no working smoke alarms were present; and WHEREAS working smoke alarms cut the chance of dying in a reported fire in half; and WHEREAS residents who have planned and practised a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS the Ontario Fire Code requires at least one smoke alarm on every level of the home (including the basement) and outside all sleeping areas; and WHEREAS informing the public about the importance of smoke alarm installation and maintenance serves an essential step toward increasing the public’s safety from home fires; and WHEREAS Niagara Falls residents are dedicated to public education measures and are able to take personal responsibility to increase their safety from fire, especially in their homes; and WHEREAS the 2023 Fire Prevention theme for this period is “Cooking safety starts with YOU. Pay attention to fire prevention.” NOW THEREFORE, I James M. Diodati, Mayor of Niagara Falls, do hereby proclaim October 8 to 14, 2023 as Fire Prevention Week; and FURTHER, encourage all residents to protect their homes and families by heeding the potentially life-saving messages of Fire Prevention Week 2023 and to support the many public safety activities and efforts of the Niagara Falls Fire Department; and FURTHER, challenge all residents to take responsibility for their fire safety and check their homes and ensure that they have a working smoke alarm on every floor of their house and outside their sleeping areas, as well as at least on e working carbon monoxide alarm and have planned and practised their home escape plan. Page 134 of 345 1 Heather Ruzylo To:Carey Campbell Subject:RE: [EXTERNAL]-WRITTEN REQUEST RE MIKE GLAVCIC DAY IN NIAGARA FALLS - DEC 6/23 From: Denise Mateyk < Sent: Wednesday, September 20, 2023 2:28 PM To: Jim Diodati <jdiodati@niagarafalls.ca>; Carey Campbell <ccampbell@niagarafalls.ca> Subject: [EXTERNAL]-WRITTEN REQUEST RE MIKE GLAVCIC DAY IN NIAGARA FALLS - DEC 6/23 WRITTEN REQUEST TO PROCLAIM WEDNESDAY, DECEMBER 6TH, 2023 AS MIKE GLAVCIC DAY IN NIAGARA FALLS DEAR MAYOR JIM DIODATI AND MEMBERS OF CITY COUNCIL: We respectfully request acknowledgement for Milomir Glavcic, a respected philanthropist and businessman who will be turning 99 years old on December 6 th, 2023. Mr. Glavcic moved to Canada from Serbia after WW2. Mr. Glavcic was orphaned at the age of 6 and had a very difficult life in Serbia. Many days he was hungry. He was determined to make something of himself and to give back to his hometown so that they did not have to endure the poverty that he and his sisters endured. He vowed he would return one day and take care of his people. In the early 1950’s he settled in Niagara and bought a restaurant at Turner’s Corner. Despite the language barrier, he and his wife ran a successful business and he had the determination to expand the business further. Shortly thereafter, he purchased the Country Hotel on Lundy’s Lane, which was later known as The Tropicana. He continued to grow, owning the Arkona Motel and purchasing land from a local farmer on which he built The Americana Hotel in 1960, and later purchased adjacent farmland which has recently been developed into a beautiful subdivision. He sold The Americana in 1986 and purchased and ran Pyramid Place for the following 15 years. During his time in business, he employed many and generously contributed to the local community. Mr. Glavcic’s generosity has extended to the Niagara Region through many generous donations to local charities over the past 60 years. He is a humble man, with little recognition sought and often the donations are anonymous. Most recently, he has Page 135 of 345 2 donated $1Million to the Niagara Health Foundation, cheque presentation was made at the Mayor’s Charity Picnic on September 10th, 2023. A donation for the Niagara Health Foundation was very important to Mr. Glavcic as it will assist absolutely everyone in our community. He is a member of St. George Church, and served as President of the Building Committee responsible for building the beautiful church on Montrose Road. He was always supportive of the community both morally and financially. In 2020 & 2023, he generously donated a total of $1.7Million towards the construction of the new hall on the Montrose Road property. Through his generosity over the years, we are blessed to be able to enjoy such a beautiful church, hall and park including soccer fields, tennis court, basketball & bocce courts. The property is enjoyed by the larger Niagara Community, not just the Serbian Community. It is our forefathers that built the footprint that we all enjoy today. Mr. Glavcic has been very generous to his hometown of Krajljevo, Serbia, donating in excess of 10 Million Euros to construct a bridge, purchase a MRI machine, ambulance, build a school, repair churches and roads that were destroyed by the American bombing in the early 1990’s. He also continues to send money annually to individuals who require financial assistance, healthcare and the necessities. Mr. Glavcic’s goals were to earn money --- give back to people, write a book and write a song! He has accomplished all three in his well-lived life! A rough translation of his song is : “ I was poor, so I got a little rich, everything I had I gave to my people and I remained a happy, poor person again” We would be pleased if we could honour him on December 6, 2023! Respectfully submitted, Denise Mateyk President St. George and St. Archangel Michael Serbian Orthodox Church 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 136 of 345 1 Heather Ruzylo Subject:Proclamation Request - Lung Cancer Awareness Month From: Kristine Elia <kelia@niagarafalls.ca> Sent: Tuesday, September 26, 2023 2:58 PM To: Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: FW: Lung Cancer Awareness Month Hi Bill and Heather Please see the link to the proclamation below requesting November 2023 as Lung Cancer Awareness Month in the City of Niagara Falls. Many thanks, Kristine Elia | Executive Assistant | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4205 | Fax 905-374-3557 | kelia@niagarafalls.ca From: Maya Sharma <mayaussharma@gmail.com> Sent: Tuesday, September 26, 2023 2:49 PM To: Kristine Elia <kelia@niagarafalls.ca> Subject: Re: Lung Cancer Awareness Month Hello Ms. Elia, Thank you very much for your kind interest and assistance. Please find below a link to a newer draft of the proclamation, however, last year's proclamation would also work content-wise. https://docs.google.com/document/d/1B_0eSmMiOXWo-k_amRfHuoHQGapm9H-e2DDuhFSisRw/edit?usp=sharing Kind regards, Maya On Tue, Sep 26, 2023 at 2:30 PM Kristine Elia <kelia@niagarafalls.ca> wrote: Dear Maya: Thank you for your email. Can you please send me a proclamation and I can get it to our Clerks Office to have it place on an upcoming Council agenda. Many thanks Page 137 of 345 2 Kristine Elia | Executive Assistant | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4205 | Fax 905-374-3557 | kelia@niagarafalls.ca From: Maya Sharma <mayaussharma@gmail.com> Sent: Sunday, September 24, 2023 4:14 PM To: Kristine Elia <kelia@niagarafalls.ca> Subject: Re: Lung Cancer Awareness Month Hello Ms. Elia, I hope you are doing well! Thank you again for your efforts to help raise awareness of lung cancer & lung cancer screening last year! Would it be possible to again recognize lung cancer awareness month in 2023? As I live in Niagara Falls, I would also be honoured to come receive the proclamation. Thank you kindly, Maya Page 138 of 345 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 September 25, 2023 CL 13-2023, September 21, 2023 CSC 9-2023, September 13, 2023 CSC-C 18-2023, September 13, 2023 DISTRIBUTION LIST SENT ELECTRONICALLY Motion – Equity, Diversity and Inclusion and the Damaging Impacts of Hate and Intolerance CSC-C 18-2023 Regional Council, at its meeting held on September 21, 2023, passed the following recommendation, as amended, of its Corporate Services Committee: WHEREAS respect for the views and opinions of others is a hallmark of civil discourse in our society; WHEREAS freedom of expression is a fundamental value of a free and democratic society; WHEREAS speech that threatens violence, intimidates, abuses or bullies is not and should not be protected as free expression; WHEREAS there have been many recent instances of violence, threats of violence, intimidation, abuse, and bullying by some individuals in the Niagara region against others for a variety of reasons other than legitimate differences of political views or opinions; WHEREAS some elected officials in Niagara have been the subject of violent attacks, online harassment, and physical intimidation over the past several months; WHEREAS Regional Council approved on February 17, 2022, a Resolution at the Corporate Services Committee that condemned those acts of violence, harassment, and intimidation against members of Regional Council and local area municipal councils, all public servants, and all health care providers; WHEREAS elected officials are obligated to adhere to the provisions of codes of conduct that regulate their behaviour when serving the public; and WHEREAS there is no excuse for bad behaviour by any individual against another. Page 139 of 345 Motion – Equity, Diversity and Inclusion and the Damaging Impacts of Hate and Intolerance September 25, 2023 Page 2 NOW THEREFORE BE IT RESOLVED: 1. That Regional Council AFFIRMS that equity, diversity, and inclusion are core values that it supports and will continue to promote; 2. That the Niagara Regional Police Service BE REQUESTED to consider the implementation of training and look to update protocols with respect to responding to complaints of threats of violence, intimidation, and bullying of elected officials and members of local appointed committees in Niagara; 3. That staff BE DIRECTED to investigate the following and provide a report to the Corporate Services Committee as soon as reasonably practical: a) Creation of a program to educate the public on the benefits of equity, diversity and inclusion and conversely the damaging impacts of hate and intolerance; b) Whether Council should consider the creation of a residents or citizens code of conduct to guide individuals engaging elected officials or attending meetings of Regional Council and its Committees and various advisory committees; c) Any further information, data or recommendations that Council should consider to alleviate incidents of hate and intolerance in Niagara; 4. That the Provincial Government BE REQUESTED to develop legislation and/or policies to protect elected officials and members of local appointed committees from violence, threats of violence, intimidation, abuse, and bullying by other individuals; and 5. That a copy of this Resolution BE SENT to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario, all municipalities in Niagara, all Niagara MPPs and MPs, and the Chief of the Niagara Regional Police Service for consideration and support. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2023-109 Page 140 of 345 Motion – Equity, Diversity and Inclusion and the Damaging Impacts of Hate and Intolerance September 25, 2023 Page 3 Distribution List: The Honourable Doug Ford, Premier of Ontario The Honourable Paul Calandra, Minister of Municipal Affairs and Housing The Association of Municipalities of Ontario (AMO) Local Area Municipalities Jeff Burch, Member of Provincial Parliament, Niagara Centre Wayne Gates, Member of Provincial Parliament, Niagara Falls Sam Oosterhoff, Member of Provincial Parliament, Niagara West Jennie Stevens, Member of Provincial Parliament, St. Catharines Dean Allison, Member of Parliament, Niagara West Vance Badawey, Member of Parliament, Niagara Centre Tony Baldinelli, Member of Parliament, Niagara Falls Chris Bittle, Member of Parliament, St. Catharines B. MacCulloch, Chief of Police, Niagara Regional Police Services Page 141 of 345 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 Legislative Services September 26, 2023 File #120203 Sent via email: ann-marie.norio@niagararegion.ca Ann-Marie Norio, Regional Clerk Niagara Region 1815 Sir Isaac Brock Way, P. O. Box 1042 Thorold, ON L2V 4T7 Dear Ms. Norio: Re: Region’s 2024 Operating Budget Levy Approval The Municipal Council of the Town of Fort Erie at its Special meeting of September 25, 2023 passed the following resolution: Whereas the Niagara Region taxes form a significant portion of the overall tax bill that is issued by the local area municipality; and Whereas the Niagara Region approved a 7.58% increase to the Regional Operating B udget Levy, 8.59% increase to the Water and Wastewater Levy, and a 5.5% increase to the Waste Management Levy, which outpaced the ability to pay and affordability of our local taxpayers; and Whereas Niagara Region and Local Area Municipalities recognize that the post-pandemic economy, market inflation and housing shortages are a reality which have driven up costs for basic housing and food above the means of many residents. Therefore be it resolved that the Niagara Regional Council be requested to ensure that the Region’s 2024 Operating Budget Levy be approved at or below the current rate of inflation 3.7%, as a responsible, affordability measure for the residents of Niagara; and That: This resolution be circulated to the Region and all local area municipalities for their support and endorsement. If you have any questions, please do not hesitate to contact our office. Sincerely, Peter Todd, Manager, Legislative Services / Town Clerk ptodd@forterie.ca PT-dlk c.c. LAM’s Page 142 of 345 ^ci^iy^ ^,^ THE CORPORATION OF THE TOWN OF PARRY SOUND RESOLUTION IN COUNCIL DIVISION LIST Councillor G.ASHFORD Councillor J.BELESKEY Councillor P.BORNEMAN Councillor B.KEITH Councillor D.McCANN Councillor C^McDONALD Mayor J.McGARVEY N0.2023 -J ^& YES N0 DATE:September 19,2023 MOVED BY: CARRIED: ^.A,^^.._"__..ySECONDEDBY:•^^^sfS DEFEATED:Postponed to: WHEREAS the Council ofthe Town of Parry Sound has received resolutions from the Town of Fort Erie and the Township of The Archipelago with regards to controls on Airbnb,VRBO and other global technology platforms which affect municipal rentals; NOW THEREFORE BE IT RESOLVED that the Council of the Town of Parry Sound hereby supports the request to the Government of Ontario to establish a regulatory framework requiring digital platforms such as Airbnb and VRBO to: Require owners using the digital platforms to comply with municipal planning and licensing regulations;and Prevent advertising of properties that are not registered with the relevant municipality; and Provide a contact with the platform to ensure ongoing and effective communications for provincial and municipal officials;and BE IT FURTHER RESOLVED that the Council of the Town of Parry Sound calls upon the Province of Ontario to work with municipalities to address situations in which long term housing stock has been lost to corporate ownership of short-term rental properties;and That a copy ofthis resolution be forwarded to Premier Doug Ford,Minister of Municipal Affairs and Housing Paul Calandra,MPP Graydon Smith,the Association of Municipalities ofOntario (AMO)and all municipalities in Ontario. M Page 143 of 345 The Corporation of the City of Cambridge Corporate Services Department Clerk’s Division The City of Cambridge Tel: (519) 740-4680 ext. 4585 mantond@cambridge.ca September 20, 2023 Re: Declaring Intimate Partner Violence (IPV) an Epidemic At its Council Meeting of September 12, 2023, the Council of the Corporation of the City of Cambridge passed the following Motion: WHEREAS the safety of our community and its members is of extreme importance to every single Cambridge resident, as well as to Cambridge Council; WHEREAS intimate partner violence, often referred to as domestic violence, means any use of physical or sexual force, actual or threatened in an intimate relationship, including emotional and/or psychological abuse or harassing behaviour, and persons of any gender or sex can be victims of intimate partner violence; WHEREAS Waterloo Region is experiencing a rise in intimate partner violence (IPV) and domestic violence during and after the COVID-19 pandemic, and the Waterloo Region Police Service (WRPS) experiences an average of 17 calls related to IPV per day, with a total of 6,158 calls in 2022 and 66,000 calls for service in total, despite the fact that 70% of IPV incidents go unreported due to feelings of shame, fear, and secrecy; WHEREAS the WRPS has laid more than 35,000 charges related to IPV, or an average of 3,500 per year; WHEREAS in 2022, five out of six homicides in Waterloo Region stemmed from IPV and domestic violence, with over 3,800 criminal charges issued by WRPS in relation to IPV; WHEREAS between 2012 and 2022, the WRPS received a total of 20,870 calls related to IPV in Cambridge, and laid a total of 11,020 charges related to IPV in Cambridge; WHEREAS Indigenous women are approximately 3.5 times more likely to experience some form of intimate partner violence than non-Indigenous women, and the homicide rate for Indigenous women and girls is approximately 6 times higher than for non - Indigenous women and girls, and Indigenous women are 12 times more likely to be murdered or missing than any other women in Canada, and 16 times more likely than white women; Page 144 of 345 WHEREAS violence against women costs the national justice system, health care systems, social services agencies and municipalities billions of dollars per year, and municipalities are on the front line in addressing gender-based violence; BE IT RESOLVED THAT the City of Cambridge joins over 30 other Ontario municipalities in supporting the Recommendation #1 from the Culleton, Kuzyk and Warmerdam Inquest (C.K.W. Inquest) in formally declaring intimate partner violence (IPV) as an epidemic; AND THAT the Province of Ontario be requested to declare that intimate partner violence and violence against women is an epidemic, in accordance with Recommendation #1 of the C.K.W. Inquest; AND THAT Cambridge recommends that Waterloo Regional Council integrates intimate partner violence in the Region’s Community Safety and Wellbeing Plan, in accordance with Recommendation #10 of the C.K.W. Inquest, and set out gender- based violence/intimate partner violence as a separate priority within the plan; AND FURTHER THAT the City Clerk be directed to send a copy of this motion to the Region of Waterloo, Province of Ontario, The Right Honourable Prime Minister, Members of Parliament, Provincial Members of Parliament, United Nations, and all Ontario Municipalities. Should you have any questions related to the approved resolution, please contact me. Yours Truly, Danielle Manton City Clerk Cc: (via email) Hon. Prime Minister Justin Trudeau Members of Parliament Provincial Members of Parliament United Nations Province of Ontario Region of Waterloo All Ontario Municipalities Page 145 of 345 P.O.Box 490 7 Creswell Drive Tel:6l3-392-284| Trenton,Ontario K8V SR6 A N I A ,Toll Free:I-866-485-284| www.quintewest.ca atura ttracuon josh.machesney@quintewest.ca JoshMachesney,City Clerk September 25,2023 The Honourable Doug Ford Premier of Ontario Premier’s Office,Room 281 Legislative Building Queen’s Park,Toronto,ON M7A 1A1 RE:Support for Municipality of Wawa Resolution re:Chronic Pain Treatments Dear Premier Ford: This letter will serve to advise that at a meeting of City of Quinte West Council held on September 20,2023 Council supported the attached resolution from the Municipality of Wawa regarding maintaining OHIP coverage for chronic pain treatments by passing the following resolution: “And further that Staff be directed to prepare a letter of support for Item 12.1 (e) Resolution from the Municipality of Shuniah in relation to Support for the Municipality of Wawa regarding Chronic Pain Treatments.”Carried We trust that you will give favourable consideration to this request. Yours Truly, CITY OF QUINTE WEST CC:Municipalities of OntarioRyanWilliams,MP,Bay of QuinteHon.Todd Smith,MPP,Bay of QuinteHon.Sylvia Jones,Minister of HealthHon.Michael A.Tibollo,Associate Minister of Mental Health and AddictionsAssociationofMunicipalitiesOntario(AMO)Page 146 of 345 The Corporation of the Municipality of Wawa REGULAR COUNCIL MEETING RESOLUTION Moved by:.3 I C[‘\,k\'&”"‘3“~J'\.‘\2~tw’“*~' WHEREAS the OntarioCollege of Physicians a Surgeo s has made a decision that will lead more people who suffer from chronic =in to turn to opioids to alleviate their pain and; WHEREAS the College is targeting community pain clinics by requiring the use of ultrasound technology in the administration of nerve block injections by licensed physicians.This requirement will increase the time it takes to administer the nerve block and,therefore,reduce the number of patients a physician can see in a day and; WHEREAS the Ontario Health Insurance Plan (OHIP)is proposing to reduce coverage for several vital healthcare services,including a drastic reduction in the number and frequency of nerve block injections a patient can receive and; WHEREAS these changes have been proposed without any consultation with pain management medical professionals or with their patients and; WHEREAS this cut will force chronic pain clinics to shut down,putting a greater strain on family physicians and emergency rooms and; WHEREAS with the reduction in the number of nerve bocks being administered,many patients,looking for pain relief,will turn to overcrowded emergency rooms,opioid prescriptions from doctors or opioid street drugs; NOW THEREFORE BE IT RESOVLED THAT the Council of the Corporation of the Municipality of Wawa is requesting that the Government of Ontario maintain OHIP coverage for chronic pain treatments and continue to provide much-needed care for the p.2....This document is available in alternate formats.Page 147 of 345 The Corporation of the Municipality of Wawa REGULAR COUNCIL MEETING RESOLUTION AND FURTHEFIMORETHAT a copy of the resolution be forwarded to all Municipalities of Ontario,local MP5 and MPPs,Premier Doug Ford,the Minister of Health,Associate Minister of Mental Health and Addictions and the Association of Municipalities of Ontario. .._......._......._I..I..I.I.J.I..I..I. C]Disclosed the pecuniary interest and general name thereof and abstained from the discussion,voteandinfluence.Clerk:This document is available in alternate formats.Page 148 of 345 THE CORPORATION OF THE TOWN OF MIDLAND 575 Dominion Avenue Midland, ON L4R 1R2 Phone: 705-526-4275 Fax: 705-526-9971 info@midland.ca September 8, 2023 The Senate of Canada Ottawa, ON K1A 0A4 Via Email: sencom@sen.parl.gc.ca Premier Doug Ford Legislative Building Queen's Park Toronto ON M7A 1A1 Via Email: premier@ontario.ca Dear Premier Ford: Re: “Catch and Release” Justice is Ontario At its September 6, 2023, Regular Council Meeting with Closed Session the Council for the Town of Midland passed the following Resolution: That the Town of Midland send a letter to the Federal and Provincial Governments requesting meaningful improvements to the current state of “catch and release” justice in the Ontario legal system. Police Services across Ontario are exhausting precious time and resources having to manage the repeated arrests of the same offenders, which in turn, is impacting their morale, and ultimately law-abiding citizens who are paying the often significant financial and emotional toll of this broken system; and That this resolution be sent to other Municipalities throughout Ontario for their endorsement consideration. Thank you. Yours very truly, THE CORPORATION OF THE TOWN OF MIDLAND Sherri Edgar Sherri Edgar, AMCT Municipal Clerk Ext. 2210 Page 149 of 345 The Corporation of the County of Northumberland 555 Courthouse Road Cobourg, ON, K9A 5J6 Northumberland County Council Resolution Northumberland County Council Resolution SENT VIA EMAIL September 25, 2023 Hon. Paul Calandra, Minister of Municipal Affairs and Housing Hon. Prabmeet Sarkaria, Minister of Transportation Hon. David Piccini, Minister of Labour, Immigration, Training and Skills Development & MPP for Northumberland - Peterborough South Association of Municipalities of Ontario (AMO) All Ontario Municipalities Re: Northumberland County Resolution – ‘Highway Traffic Act Amendments’ At a meeting held on September 20, 2023 Northumberland County Council approved the following Council Resolution # 2023-09-20-647 adopting the below recommendation from the September 7, 2023 Public Works Committee meeting. Moved by: Councillor Olena Hankivsky Seconded by: Councillor John Logel "That the Public Works Committee, having considered the correspondence from the Municipality of St. Charles regarding 'Highway Traffic Act Amendments', recommend that County Council support the correspondence, and direct staff to send a copy of this resolution to key stakeholders." Council Resolution # 2023-09-20-647 Carried If you have any questions regarding this matter, please do not hesitate to contact the undersigned at matherm@northumberland.ca or by telephone at 905-372-3329 ext. 2238. Sincerely, Maddison Mather Manager of Legislative Services / Clerk Northumberland County Page 150 of 345 Page 151 of 345 Page 152 of 345 otlLo The Conporation of the Municipality of St. Charles. RESOLUTION PNCE Regular Meeting of Council {genda Number: 10.4. Resolution Number 2023-152 Title: Resolution Stemming from May 17,2023 Reg Correspondence #16) and the June 21,2023 - Correspondence #10) Date: July 19,2023 ular Meeting of Council (ltem 9.1 - Regular Meeting of Council (ltem 9.1 Moved by: Seconded by: Councillor Pothier Councillor Lachance BE lT RESOLVED THAT Council for the Corporation of the Municipality of St. Gharles hereby supports the Resolution passed by the Gity of Cambridge, on May 9,2023, regarding Highway Traffic Act Amendments; AND BE lT FURTHER RESOLVED THAT a copy of this Resolution be foruarded to the Ministry of Transportation (MTO); the Ministry of Municipal Affairs and Housing (MMAH); the Association of Municipalities of Ontario (AMO); the local Member of Provincial Parliament (MPP) and all Ontario Muncipalities. CARRIED YOR Page 153 of 345 The Corporation of the City of Cambridge Corporate Services Department Clerk’s Division The City of Cambridge 50 Dickson Street, P.O. Box 669 Cambridge ON N1R 5W8 Tel: (519) 740-4680 ext. 4585 mantond@cambridge.ca May 10, 2023 Re: Highway Traffic Act Amendments Dear Ms. Mulroney, At the Council Meeting of May 9, 2023, the Council of the Corporation of the City of Cambridge passed the following Motion: WHEREAS speeding on our roads is a major concern in our community, AND WHEREAS speeding can occur in all areas of our community, AND WHEREAS barriers and delays to enforcement pose a danger to our community, AND WHEREAS our municipality has limited resources to implement speed mitigation road design and re-design, AND WHEREAS our local police service has limited resources to undertake speed enforcement, AND WHEREAS s.205.1 of the Highway Traffic Act (HTA) provides that Automated Speed Enforcement systems (ASE) may only be placed in designated community safety zones and school safety zones, THEREFORE BE IT RESOLVED THAT, the City of Cambridge request that the Ontario Government amend s.205.1 of the HTA to permit municipalities to locate an ASE system permanently or temporarily on any roadway under the jurisdiction of municipalities and as determined by municipalities and not be restricted to only community safety zones and school safety zones; AND THAT a copy of this resolution be forwarded to the Ontario Minister of Transportation, the Ontario Minister of Municipal Affairs and Housing, local area MPPs, the Association of Municipalities of Ontario (AMO) and all Ontario Municipalities. Page 154 of 345 Should you have any questions related to the approved resolution, please contact me. Yours Truly, Danielle Manton City Clerk Cc: (via email) Steve Clark, Ontario Minister of Municipal Affairs and Housing Local Area MPPs Association of Municipalities of Ontario (AMO) All Ontario Municipalities Page 155 of 345 September 28, 2023 The Honourable Doug Ford, Premier of Ontario Delivered by email Premier’s Office, Room 281 premier@ontario.ca Legislative Building, Queen’s Park Toronto, ON M7A 1A1 Dear Premier: Re: Town of Aurora Council Resolution of September 26, 2023 Motion 10.4 - Councillor Weese; Re: Aurora Council Opposition to Strong Mayor Powers in Aurora Please be advised that this matter was considered by Council at its meeting held on September 26, 2023, and in this regard, Council adopted the following resolution: Whereas the Head of Council is required to confirm in writing his commitment to meet a municipal housing target by October 15, 2023, in order to receive Strong Mayor Powers; and Whereas the municipality is required to submit a formal housing pledge which will outline how the municipality plans to meet the housing target by December 15, 2023; and Whereas Strong Mayor Powers will result in the Head of Council being granted powers such as: • Choosing to appoint the municipality’s chief administrative officer; • Hiring certain municipal department heads and establishing and re- organizing departments; • Creating committees of council, assigning their functions, and appointing the chairs and vice-chairs of committees of council; • Proposing the municipal budget, which would be subject to council amendments and a separate head of council veto and council override process; • Vetoing certain by-laws if the head of council is of the opinion that all or part of the by-law could potentially interfere with a provincial priority; Legislative Services Michael de Rond 905-726-4771 clerks@aurora.ca Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G 6J1 Page 156 of 345 Town of Aurora Council Resolution of September 26, 2023 Aurora Council Opposition to Strong Mayor Powers in Aurora September 28, 2023 2 of 2 • Bringing forward matters for council consideration if the head of council is of the opinion that considering the matter could potentially advance a provincial priority; and Whereas these Strong Mayor Powers undermine democratic processes executed through municipal elections; and Whereas Strong Mayor Powers may also violate by-laws established in Aurora that provides accepted and legal procedures for governance; and Whereas Aurora Town Council recognizes the important role each Councillor provides the residents in their Ward and the community-at-large; 1. Now Therefore Be it Hereby Resolved That the Aurora Town Council opposes Strong Mayor Powers provided to the Head of Council; and 2. Be It Further Resolved That this approved Motion is to be sent to the Premier of Ontario, the Honourable Doug Ford; the Minister of Municipal Affairs and Housing, the Honourable Paul Calandra; the Regional Municipality of York; and each of the Municipalities in Ontario. The above is for your consideration and any attention deemed necessary. Yours sincerely, Michael de Rond Town Clerk The Corporation of the Town of Aurora MdR/lb Attachment (Council meeting extract) Copy: Hon. Paul Calandra, Minister of Municipal Affairs and Housing Christopher Raynor, Regional Clerk, The Regional Municipality of York All Ontario Municipalities Page 157 of 345 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Council Meeting Extract Tuesday, September 26, 2023 _______________________________________________________________________________________ Page 1 of 2 10. Motions 10.4 Councillor Weese; Re: Aurora Council Opposition to Strong Mayor Powers in Aurora Moved by Councillor Weese Seconded by Councillor Gaertner Whereas the Head of Council is required to confirm in writing his commitment to meet a municipal housing target by October 15, 2023, in order to receive Strong Mayor Powers; and Whereas the municipality is required to submit a formal housing pledge which will outline how the municipality plans to meet the housing target by December 15, 2023; and Whereas Strong Mayor Powers will result in the Head of Council being granted powers such as: • Choosing to appoint the municipality’s chief administrative officer; • Hiring certain municipal department heads and establishing and re- organizing departments; • Creating committees of council, assigning their functions, and appointing the chairs and vice-chairs of committees of council; • Proposing the municipal budget, which would be subject to council amendments and a separate head of council veto and council override process; • Vetoing certain by-laws if the head of council is of the opinion that all or part of the by-law could potentially interfere with a provincial priority; • Bringing forward matters for council consideration if the head of council is of the opinion that considering the matter could potentially advance a provincial priority; and Whereas these Strong Mayor Powers undermine democratic processes executed through municipal elections; and Page 158 of 345 Council Meeting Extract – Tuesday, September 26, 2023 Page 2 of 2 Whereas Strong Mayor Powers may also violate by-laws established in Aurora that provides accepted and legal procedures for governance; and Whereas Aurora Town Council recognizes the important role each Councillor provides the residents in their Ward and the community-at- large; 1. Now Therefore Be it Hereby Resolved That the Aurora Town Council opposes Strong Mayor Powers provided to the Head of Council; and 2. Be It Further Resolved That this approved Motion is to be sent to the Premier of Ontario, the Honourable Doug Ford; the Minister of Municipal Affairs and Housing, the Honourable Paul Calandra; the Regional Municipality of York; and each of the Municipalities in Ontario. Yeas (4): Councillor Weese, Councillor Gilliland, Councillor Gaertner, and Councillor Gallo Nays (3): Mayor Mrakas, Councillor Thompson, and Councillor Kim Carried (4 to 3) Page 159 of 345 September 27, 2023 to Whom it May Concern Re: Support for Motion RE: Guaranteed Livable Income At the meeting of September 26, 2023, the Council of the County of Brant adopted the following resolution in support of the September 5th resolution passed by the Town of Grimsby on Guaranteed Livable Income : “Whereas the Canadian livable wage for the Brant—Niagara—Haldimand—Norfolk Region, two years ago was determined to be $19.80. This was $6000 above the annual income of a minimum wage employee; and Whereas County of Brant residents on programs such as Ontario Works, receive targeted fixed monthly incomes of $733, and ODSP recipients receive $1376; and Whereas at the current Ontario minimum wage rate, a person working 37.5 hours per week will earn approximately $2,500 monthly (before tax); and Whereas the median rent for one bedroom in the County of Brant as of 2022 was $1143.90 a month, and the County of Brant does not have current AMR for September 2023; and Whereas rent is considered affordable, when it is less than 30% of income. In the County of Brant, rent is approximately 156% of Ontario Works, 83.13% of Ontario Disability Support Services, 45% of minimum wage full-time (before tax), and 90% of minimum wage part time; and Whereas an annual 2.5% allowable rent increase can be combined with an additional 3- 6.5% capital investment increase, raising the cost of rental housing another minimum of $110 monthly; and Whereas the recent report by the County of Brant Policy Planning and Corporate Strategy departments determined that the County of Brant has serious shortfalls in both affordable and attainable housing supply; Page 160 of 345 County of Brant Page 2 Therefore be it resolved the County of Brant supports the resolution shared by the Town of Grimsby; and Be it further resolved that The County of Brant circulate correspondence to Ontario municipalities encouraging them not only to collect data of their housing and poverty statistics, but also to examine their pending economic vulnerability as a result; and Be it further resolved that The County of Brant encourage these same municipalities to join the County of Brant in advocating on behalf of our communities with this data, and by writing a letter to the Prime Minister, Premier, and local politicians calling for a united effort in establishing a Guaranteed Livable Income program.” Respectfully, Alysha Dyjach Director of Council Services, Clerk County of Brant Page 161 of 345 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 #10-03-2023-02 Tuesday October 03, 2023 Comments for the 10 03 2023 Council Meeting Agenda Item 8.1 CLK-2023-07 2024 Council Schedule Council, [1] I have no conflicts with the proposed schedule. [2] It is recommended to approve the schedule. Page 162 of 345 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 163 of 345 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 #10-03-2023-03 Tuesday October 03, 2023 Comments for the 10 03 2023 Council Meeting Agenda Item 8.2 HR-2023-02 Whistle-Blower Corporate Policy Council, [1] It is recommended to recieve the draft policy. Page 164 of 345 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 165 of 345 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 #10-03-2023-04 Tuesday October 03, 2023 Comments for the 10 03 2023 Council Meeting Agenda Item 8.3 PBD-2023-58 (Report added) Building Permit Fee Review Council, [1] I will be filing an information request, which will be shared, to learn the price the city paid Watson & Associates Economists Ltd. to research what other municipalities charge then propose that the city of Niagara Falls raise all their rates as high as possible without becoming the most expensive municipality in Niagara. [2] I could have done that. [3] I have a document on file within the agendas that predict council will produce double- digit budget increases for every year they are in office, I did not foresee council creating triple digit fee increases though. [4] Ruth-Anne was concerned that the fee increase for graves to bury dead people was unreasonable, and spoke up. [5] How does council feel about an even greater increase to the fee to build affordable homes for living people? [6] Permit fees are the foundation of the administration costs for attainable housing, and you're about to rip that out from under those goals. [7] Not impressed. [8] I understand they have to go up, but how do you make it look like you're compromising with the high cost of attainable housing. [9] The minimum permit fee should never be “$225”, this directly affects small improvements from homeowners, the people that really need those savings. Page 166 of 345 2 [10] No fee increase should exceed 25% in a given change event. Increase them 25% each year until you reach a balanced fee if need be. [11] If someone wants to do the math, there is a proposed +3% annually increase, go back to 2017 when the last fee assessment was done and calculate what the fees for 2023 would be with that same annual increase and use that as a basis/comparison for incremental increases. [12] If council does agree to allow the increases, it is recommended council at least delay the increase until January 1st 2024. [13] This would provide consistency with the practice to “advise” the public of the impending increase and allow those to whom it matters to prepare for it, just like the grave fee. [14] It would also set the annual increase to the first of the year, try to annualize fee increases to January 1st when everyone expects annual changes. [15] These are the questions and actions I would be taking if I was a city councilor. Page 167 of 345 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 168 of 345 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 #10-03-2023-13 Tuesday October 03, 2023 Comment for the 10 03 2023 Council Meeting Agenda 4500 Park Street Legacy updated Report Council, [1] Council approved nearly $2 million to restore the 4500 Park Street site for affordable housing development. [2] That project has failed to materialize. [3] Considering that that money could have been used to pay off debt and or defer debt borrowing at an interest rate of nearly 8%, councils failure to complete this project is costing taxpayers approximately $160,000 per year in interest payments. [4] The total estimated cost to taxpayers, of council's continuing failure, will be calculated and updated for the next update reports. [5] Council needs to do perform their roles and mange taxpayers money more efficiently, people are watching and not letting your mistakes fade away. Page 169 of 345 2 Page 170 of 345 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 171 of 345 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 #10-03-2023-10 Tuesday October 03, 2023 Comment for the 10 03 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, 321 days Council Members, 321 failures ... Page 172 of 345 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 173 of 345 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 #10-03-2023-05 Tuesday October 03, 2023 Comments for the 10 03 2023 Council Meeting Agenda Item 9 CONSENT AGENDA Council, [1] It is recommended to approve the consent agenda items 9.1 and 9.2. Page 174 of 345 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 175 of 345 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 #10-03-2023-06 Tuesday October 03, 2023 Comments for the 10 03 2023 Council Meeting Agenda Item 10 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Council, [1] It is recommended to approve/support the agenda items 10.1- 10.6. Page 176 of 345 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 N iagara Falls. Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of Rights. Page 177 of 345 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 #10-03-2023-07 Tuesday October 03, 2023 Comments for the 10 03 2023 Council Meeting Agenda Item 11 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Council, [1] It is recommended to receive and file the agenda items 11.1- 11.6. Page 178 of 345 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 179 of 345 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 #10-03-2023-08 Tuesday October 03, 2023 Comments for the 10 03 2023 Council Meeting Agenda Item 12 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Council, [1] It is recommended to receive and file the agenda items 12.1- 12.2. Page 180 of 345 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 181 of 345 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 #10-03-2023-09 Tuesday October 03, 2023 Comments for the 10 03 2023 Council Meeting Agenda Item 14 MOTIONS Council, [1] 14.1 MOTION - Public Safety - Welland River (Chippawa Creek) is appropriate. [2] 14.2 Motion to Reconsider - 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), is not. [3] It is recommended to vote down 14.2, all information has been previously provided to public and council. [4] Two thirds vote required, if I recall to reconsider a matter brought before the same sitting council. [5] City staff's pride will heal in time. Page 182 of 345 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 183 of 345 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 #10-03-2023-11 Tuesday October 03, 2023 Comment for the 10 03 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 293 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 184 of 345 2 Page 185 of 345 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 186 of 345 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 #10-03-2023-12 Tuesday October 03, 2023 Comment for the 10 03 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 640 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 187 of 345 2 Page 188 of 345 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 189 of 345 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-MOTION SUPPORTING B'NAI BRITH'S DEMAND THAT ALL DOCUMENTATION RELATED TO THE DESCHENES COMMISSION REPORT ON WAR CRIMINALS IN CANADA BE MADE PUBLIC IN THEIR ENTIRETY From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Monday, October 2, 2023 1:50 PM To: Marvin Rotrand <marvinr@bnaibrith.ca>; Jim Diodati <jdiodati@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Cc: Carey Campbell <ccampbell@niagarafalls.ca> Subject: RE: [EXTERNAL]-MOTION SUPPORTING B'NAI BRITH'S DEMAND THAT ALL DOCUMENTATION RELATED TO THE DESCHENES COMMISSION REPORT ON WAR CRIMINALS IN CANADA BE MADE PUBLIC IN THEIR ENTIRETY Dear Marvin: As this is a matter for City Council as a whole, I’m including our City Clerk, Bill Matson in order to follow up with you on your request. Thank you. 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: Marvin Rotrand <marvinr@bnaibrith.ca> Sent: Monday, October 2, 2023 1:27 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Cc: Carey Campbell <ccampbell@niagarafalls.ca> Subject: [EXTERNAL]-MOTION SUPPORTING B'NAI BRITH'S DEMAND THAT ALL DOCUMENTATION RELATED TO THE DESCHENES COMMISSION REPORT ON WAR CRIMINALS IN CANADA BE MADE PUBLIC IN THEIR ENTIRETY Good afternoon Mayor Diodati, Given the events in Parliament last week, we are shifting our focus for the time being and asking Mayor and Councillors to table the motion below in their Councils. Would you be willing to bring the following motion to Ajax City Council ? Would appreciate if you could let me know as soon as possible. Page 190 of 345 2 Best regards, Marvin Rotrand National Director - League for Human Rights B'nai Brith Canada 416.633.6224 x 121 Website | Facebook | Twitter | Instagram MOTION SUPPORTING B'NAI BRITH'S DEMAND THAT ALL DOCUMENTATION RELATED TO THE DESCHENES COMMISSION REPORT ON WAR CRIMINALS IN CANADA BE MADE PUBLIC IN THEIR ENTIRETY Whereas recent events in Parliament culminating in the resignation of Speaker Anthony Rota, highlight the need to release historical records pertaining to the Holocaust to allow light to be shed on Nazi war criminals and collaborators that settled in Canada after the Second World War; Whereas in 1985 and 1986 Justice Jules Deschenes chaired the Commission of Inquiry on War Criminals in Canada, often referred to as the Deschênes Commission, to investigate claims that Canada had become a haven for Nazi war criminals; Whereas Part II of the Deschênes Commission report, addressing individual cases, has never been made public and the hundreds of Nazi war crimes files originally held by the Department of Justice and Royal Canadian Mounted Police are inaccessible; Whereas no unredacted version of the report written by Alti Rodal for the Deschênes Commission, titled Nazi War Criminals in Canada: The Historical and Policy Setting from the 1940s to the Present has ever been released; Page 191 of 345 3 Whereas Canada is a member in good standing of the International Holocaust Remembrance Alliance (IHRA) and has endorsed its Stockholm Declaration which commits the signatories, including Canada, to “take all necessary steps to facilitate the opening of archives in order to ensure that all documents bearing on the Holocaust are available to researchers.”; Whereas In 2017, IHRA’s Monitoring Access to Holocaust Collections Project recommended that governmental archival institutions “release Holocaust related records, irrespective of any personal identifying information or national security classifications.” Whereas B’nai Brith’s, Canada’s oldest Jewish advocacy organization, nationally active since 1875, has called on Parliament to introduce amendments to the Access to Information Act (ATIA) that would mandate the disclosure of all records relating specifically to alleged Nazi war criminals in Canada and to any other Canadian citizen or resident who may have been complicit in carrying out the Holocaust and all other Holocaust-related records (as defined by IHRA) in the possession of the Government of Canada; It is moved by Seconded by That Niagara Falls City Council support the request for the immediate release of all documentation pertaining to the 1986 Commission of Inquiry on War Criminals in Canada including an unredacted version of the Rodal report; That a copy of this motion be sent to the Honourable Arif Virant, Minister of Justice and Attorney General of Canada and Honourable Anita Anand, President of the Treasury Board. 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Page 192 of 345 Page 193 of 345 Page 194 of 345 Page 195 of 345 Page 196 of 345 Page 197 of 345 Page 198 of 345 Page 199 of 345 Page 200 of 345 Page 201 of 345 Page 202 of 345 Page 203 of 345 Page 204 of 345 Page 205 of 345 Page 206 of 345 Page 207 of 345 Page 208 of 345 Page 209 of 345 Page 210 of 345 Page 211 of 345 Page 212 of 345 Page 213 of 345 Page 214 of 345 Page 215 of 345 Page 216 of 345 Page 217 of 345 Page 218 of 345 Page 219 of 345 Page 220 of 345 Page 221 of 345 Page 222 of 345 Page 223 of 345 Page 224 of 345 Page 225 of 345 Page 226 of 345 Page 227 of 345 Page 228 of 345 Page 229 of 345 Page 230 of 345 Page 231 of 345 Page 232 of 345 Page 233 of 345 Page 234 of 345 Page 235 of 345 Page 236 of 345 Page 237 of 345 Page 238 of 345 Page 239 of 345 Page 240 of 345 Page 241 of 345 Page 242 of 345 Page 243 of 345 Page 244 of 345 Page 245 of 345 Page 246 of 345 Page 247 of 345 Page 248 of 345 Page 249 of 345 Page 250 of 345 Page 251 of 345 Page 252 of 345 Page 253 of 345 Page 254 of 345 Page 255 of 345 Page 256 of 345 1 of 9 Attachment: List of 74 Housing Affordability Task Force (HATF) Recommendations for Response Please identify the top 5 HATF recommendations that you support, and rationale / comments 1. Recommendation 56 (Originally No. 48) : The Ontario government, should establish a large “Ontario Housing Delivery Fund” and encourage the federal government to match funding This fund should reward: a) Annual housing growth that meets or exceeds provincial targets b) Reductions in total approval times for new housing c) The speedy removal of exclusionary zoning practices Comment: Funding for large scale affordable housing projects is supported, however it should be noted that while the City can address procedures to efficiently bring projects to a shovel ready status the actual construction of projects depends on the private sector (developers and builders). It is recommended that further measures to encourage the private sector to develop vacant lands that are shovel ready be considered by the Province. 2. Recommendation 38 (Originally No. 31) : In clearing the existing backlog, encourage the Tribunal to prioritize projects close to the finish line that will support housing growth and intensification, as well as regional water or utility infrastructure decisions that will unlock significant housing capacity. 3. Recommendation 50 (Originally No. 42): Provide provincial and federal loan guarantees for purpose-built rental, affordable rental and affordable ownership projects. 4. Recommendation 51 (Originally No. 43): Enable municipalities, subject to adverse external economic events, to withdraw infrastructure allocations from any permitted projects where construction has not been initiated within three years of build permits being issued. Comment: Consideration should also be given to enabling municipalities to withdraw infrastructure allocations to projects which have received zoning, subdivision or site plan approvals but have not been initiated within three years of approvals being granted. 5. Recommendation 53 (Originally No. 45): Improve funding for colleges, trade schools, and apprenticeships, encourage and incentivize municipalities, unions and employers to provide more on-the-job training.* Comment: The City recognizes that substantially increasing the rate at which housing is constructed depends on increasing the number of skilled tradespersons and support initiatives to do so. Staff also note that municipalities may need to increase staffing to process Building and Planning applications as well as advancing municipal infrastructure projects. Page 257 of 345 Page 258 of 345 Page 259 of 345 Page 260 of 345 Page 261 of 345 Page 262 of 345 Page 263 of 345 Page 264 of 345 Page 265 of 345 Page 266 of 345 PBD-2022-10 Report Report to: Mayor and Council Date: March 22, 2022 Title: Ontario Housing Affordability Task Force Proposal Review Recommendation(s) 1. That Council support the recommendations from Planning staff on "The Report of the Ontario Housing Affordability Task Force" as detailed in Appendix "2" of PBD-2022- 10. 2. That Council forward a copy of this report to Minister Steve Clark. 3. That Staff monitor how these recommendation are implemented by the Provincial government and bring forward any necessary staffing implications to Council through the 2023 budget. 4. That Staff prepare a future report to Council on permitting additional uses in the low density areas and zones for gentle intensification, recommendations for intensification corridors as part of the City's new Official Plan, consideration of a reduction of parking requirements based on the City's parking study review and on dele gated authority. Executive Summary On February 8, 2022 the provincial task force released “The report of the Ontario Housing Affordability Task Force” (Appendix "1"). This report outlined fifty-five recommendations to support the construction of 1.5 million new homes in 10 years to assist the housing affordability problem. The task force breaks up the fifty-five recommendations into five main categories: 1. Focus on getting more homes built 2. Making land available to build 3. Cut the red tape so we can build faster and reduce costs 4. Reduce the costs to build, buy and rent 5. Support and incentivize scaling up housing supply The recommendations in the provincial report are geared towards intensification through modernization of zoning to permit a wider more inclusive variety of housing in existing Page 1 of 60 Page 267 of 345 neighbourhoods, intensification of transit corridors and roadways and to monopolize on underutilized commercial properties. These recommendations open the door for more housing within the urban area to make better use of existing roads, water, wastewater, transit and other public services. The report focuses on ensuring growth happens at a faster rate with less costs. The recommendations focus on timelines, clear expectations for developers, new innovative options for development and preventing the abuse of the appeal process. The province suggests that funding may be available for additional human resources, e -permitting, to support intensification and faster development approval. They also propose recommendations to balance government fees such as development charges, parkland dedication, HST, property taxes to ensure they do not discourage development. After review there are four main areas of concern for staff and they are: 1.Density without amenities or good design 2.No relationship or shared common goal with government and developers 3.The plan is Toronto/GTA centric 4.The financial impacts to the City of Niagara Falls The Provincial task force recommendations are a starting point but we need to consider a made in Niagara approach to ensure development and intensification focus on good design, appropriate integration into existing communities and the support of amenities to create great places for people to live. Accelerated growth does come at a cost. The City will need to invest in human resources and e-permitting systems to efficiently process applications to make sure developers get in the ground sooner. The province is committing to providing funding to assist municipalities at the outset but the Province needs to make sure that the burden of faster more affordable housing does not come at a cost to just the taxpayer. The Province needs to engage the development community to commit to assisting in this effort. This collaborative approach to housing affordability is missing from the current task force recommendations and needs to be further considered by the Province. Background On December 6, 2021, the Ontario government appointed nine members to a new Housing Affordability Task Force to determine measures to address housing affordability. The mandate of this task force was to: • Increasing the supply of market rate rental and ownership housing; • Building housing supply in complete communities; • Reducing red tape and accelerating timelines; Page 2 of 60 Page 268 of 345 • Encouraging innovation and digital modernization, such as in planning processes; • Supporting economic recovery and job creation; and • Balancing housing needs with protecting the environment. On February 8, 2022 this task force released “The report of the Ontario Housing Affordability Task Force” (Appendix "1"). This report outlines fifty-five recommendations to build 1.5 million new homes in 10 years to assist the housing affordability problem. The task force has broken up the fifty-five recommendations into five main categories: 1. Focus on getting more homes built The goal is to build 1.5 million homes in 10 years by permitting the full spectrum of housing to support intensification through redevelopment in the existing urban areas. We are in a housing crisis and the goal of the Province while ambitious will help to assist in providing housing for all. 2. Making land available to build These recommendations are geared towards modernizing zoning to permit a wider more inclusive variety of housing in existing neighbourhoods, to intensify transit corridors and to monopolize on underutilized commercial properties. These recommendations open the door for more housing options through increase density making better use of existing roads, water, wastewater, transit and other public services. The government plans is to do this by proposing the followin g "as of right": • Four storeys and up to 4 units on a single residential lot; • conversions of underutilized commercial lands; • secondary suites, garden suites and laneway houses; • multi-tenant housing; • unlimited height and density within major transit stations if a municipality has not planned for intensification within 2 years; and • 6-11 storeys with no minimum parking requirements on streets that have public transit. The government is also proposing to make changes by: • removing policies/zones that prioritize preservation of the character of a neighbourhood; • exempting from site plan approval and public consultation all projects of 10 units or less; • proposing province wide zone standards and remove floor plate restrictions; Page 3 of 60 Page 269 of 345 • limiting municipalities from requesting or hosting additional public meetings beyond; the planning act and permitting digital participation options; • removing any barriers to affordable construction in the Ontario Building Code; • incentivizing municipalities to increase densities in school zones with capacity; • requiring mandatory delegation of site plan approval and minor variance to staff or 3rd party consultants; • limiting the abuse of the heritage preservation and designation process and requiring compensation by municipalities to homeowners for loss of property value as a result of heritage designation; and • restoring developers rights to appeal Official Plans and Municipal Comprehensive reviews. Lastly, the government suggests responsible housing growth on undeveloped land including land outside urban area boundaries to support higher density complete communities. 3. Cut the red tape so we can build faster and reduce costs The recommendations in this section focus on timelines, clear expectations for developers, new innovative options for development and preventing the abuse of the appeal process. These recommendations consider how to improve the standardization, speed and alternatives for development applications through: • Legislative timelines that must be adhered to or the application is deemed approved; • fund approvals facilitators; • pre-consultation with a binding list of requirements; • allow 12 storey wood frame construction; • standardization of draft plan conditions; • standardization of legal agreements; • an option to pay on demand surety bonds and letters of credit. The changes to the appeal process include such things as: • the removal of the right to appeal housing projects with at least 30% affordable housing guaranteed for 40 years; • a $10,000 filing fee for third party appeals; • costs to the successful party in any appeal brought by a third party or municipality where council has overridden staffs recommendation. • encourage oral decisions; • awarding punitive damages to a municipality that has refused an application to avoid the deemed approval timelines; Page 4 of 60 Page 270 of 345 • fund additional staffing at OLT (Ontario Land Tribunal) and set shorter time targets. 4. Reduce the costs to build, buy and rent This section proposes recommendations to balance government fees such as development charges, parkland cash in lieu, HST, property taxes to ensure they do not discourage development. This section also covers further legislative changes to the Planning Act, the and Perpetuities Act and focuses on provincial funding and other strategies to address affordable housing and the need for more housing. The government is proposing to: • Waive DC's, parkland cash in lieu for all infill projects up to 10 units or where no new material infrastructure is required; • Waive DC"s on affordable housing guaranteed for 40 years; • prohibit interest rates on development charges higher than a municipalities borrowing rate; • Review by province of cash in lieu, DC's and benefit reserves to ensure they are used in a timely fashion and are used in the neighbourhoods where they are collected. • recommend that HST rebates reflect current home prices. • Align property taxes for purpose built rental; • Extend maximum period for land leases and restrictive covenants to 40 years or more; • Funding for pilot projects for pathways to homeownership for those in need and loan guarantees for purpose built rentals; • call on the federal government to implement an urban, rural and northern indigenous housing strategy; and • eliminate or reduce tax disincentives to housing growth; 5. Support and incentivize scaling up housing supply The recommendations in this section focus on ensuring infrastructure construction and allocation can be provided without the use of development charges, assist in solutions to address labour force shortages, impose funding penalties on municipalities that do not address the need for growth and to monitor progress. The Province plans to do this by: • enabling municipalities to withdraw infrastructure allocation where construction has not started within 3 years; • implementing a municipal service corporation utility model for water and wastewater to amortize costs among customers instead of using DC's. • improving education and funding programs for skilled trades and fund on the job training; Page 5 of 60 Page 271 of 345 • expediting immigration status for needed trades; • establishing an "Ontario Housing Delivery Fund" to reward annual growth that meets provincial targets, reductions in approval times and speedy removal of exclusionary zoning practices; • reducing funding to municipalities that fail to meet provincial housing growth and timeline targets; • Funding e-permitting systems and common data architecture standards and set a goal of 2025; • requiring municipalities and the provincial government to use the Ministry of Finance population projections as the basis for housing need analysis and report publicly on housing data and any gap between demand and supp ly; • empowering the Deputy Minister of Municipal Affairs and Housing lead a government committee to meet weekly to ensure recommendations and other ideas are implemented; and • evaluating these recommendations for the next three years. Overall the above five categories focus on changes to public participation, delegation, heritage matters, Ontario Local Planning Tribunal changes and as of right zoning and other legislative changes. These categories also focus on providing Provincial funding for changes and at the same time imposing new financial burdens on the municipality. Analysis The Affordability Task Force has put forth 55 recommendations to get home built faster by cutting red tape and reducing costs. The proposal while bold lacks a few fundamental key components and creates additional impacts on municipalities and its residents. The key issues are: 1.Density without amenities or good design 2.No relationship or shared common goal between government and developers 3.The plan is Toronto/GTA centric 4.The financial impacts to the City of Niagara Falls Density without amenities or good design 1) Increasing density without design or amenities to create a sense of place where people want to live creates poor environments that lead to crime, depression and other social impacts. In order to increase density in key areas proper planning should be undertaken to ensure there is sufficient service capacity, transit systems, parks and open space, commercial amenities, schools and other amenities within walking distance. The recommendations by the Task Force encourage density in areas without adequate transit, servicing and other amenities. Density in key locations should be planned. The Task Force did identify density near low enrollment schools as one recommendation. These schools are normally in areas of transition close to downtowns. These areas are ideal for intensification provided they have adequate amenities and Page 6 of 60 Page 272 of 345 services. This recommendation should be taken further to permit affordable housing on top of existing schools to increase enrollment and utilize shared open space and parking. Of particular interest is the recommendation to permit four storeys and up to 4 units on any single residential lot. The focus of the Province should be on a more gentle intensification and the elimination of red tape for second dwelling units, single to multiple conversions within existing structures and new permissions to permit a variety housing forms with a height of 2.5 storeys in lower density neighborhoods. This lower type of intensification will blend in with the existing neighbourhoods. This would then support the Province's goal to intensify along transit corridors by allowing more gradual intensification (4-6 storeys) as you get to the collector and arterial road system to support more intense transit ridership Niagara. In addition, recommendation 12 sets prohibitions for urban design type standards such as shadow impacts, angular planes all which assist in creating good building design. If these are not put in place what can result is large massive block buildings within limited windows creating places where people do not want to live. This is further compounded by limitations on Development Charges and parkland cash in lieu to fund new parks and other amenities for the new residents. The proposed changes need to consider further how to intensify with good design and appropriate amenities to create great places for people to live. The goal of the Province cannot be massive housing tracks without appropriate planning as this will come at a heavy social price. Common goal with Government and Developers 2) The approach by the Province is one sided and affordable housing needs to be a partnership between government and the developers. There is no guarantee that the reduction in these costs/timelines will translate to affordable housing or more housing. In the City of Niagara Falls the Planning Department had approved 4407 units within the Built up area which remained unbuilt as of the end of 2020. In addition, there were 560 units that remained unbuilt in the Greenfield area. Last year there were 860 residential units approved for construction in the City of Niagara Falls and the City has yet to calculate the amount of new units approved which will add to the supply inventory. City staff have noticed a significant amount of land banking occurring which also contributes to lack of supply. As can be seen, the Province needs to analyze further why the housing is not getting built faster with the supply ready and available for development. In addition, they need to consider how affordable housing will get built collectively through the municipalities/region/provincial work and the construction industry. Two possible solutions are to put in place "as of right" inclusionary zoning for any development above 4 units or set a percentage of affordable units that must be met by developers. Page 7 of 60 Page 273 of 345 As the approach cannot be one sided and the City of Niagara Falls has already planned for increased density in line with Provincial targets in the Downtown GO station area and have already begun work on, identifying new and revamping old, intensification nodes and corridors and will finalize this work through the City's new Official Plan. Staff have are also beginning an exercise to streamline the planning process and identify any bottlenecks in the process to ensure applications are not needlessly held up. Toronto/GTA centric Plan 3) These recommendations seem to stem from the Toronto/GTA area where transit is sufficient to accommodate this type of increased density. There should be a made in Niagara approach where Niagara has the ability to plan for intensification in each community and for those communities to determine the locations where growth is best suited. The provincial government should allocate a specific density and time frame for each municipality to identify there growth corridors or nodes to accommodate the projected growth. Given that the Region of Niagara's new Official Plan is almost complete this timeframe can be linked to the completion of the municipal conformity exercise. Financial Impacts 4) The municipality will need to increase staff to process applications to meet or exceed Provincial time target. These timeline targets and growth related projections will be linked to current and future funding allocations. The City has received funding to implement an e-permitting, planning and by-law system and any remaining funding could be used for additional staffing. There also may be future opportunities for funding for staffing. The province is recommending to waive DC's and parkland cash in lieu for projects up to 10 units and for other projects that do not require material infrastructure. Although this number seems small the City relies on DC's to fund capital infrastructure replacement and new infrastructure projects, fund park development, transit etc. The City also relies on parkland cash in lieu to purchase parkland and this will be extremely important in the future with the planned intensification. The reduction in these allocations will mean more costs on the general tax payer and residents of the City of Niagara Falls to fund projects. The province is suggesting that current taxpayers should pay for growth rather than the current model that growth should pay for growth. In addition, the Province is proposing compensation by municipalities to homeowners for loss of property value as a result of heritage designation. How this will be determined is a question and this is not currently budgeted by the municipality and will need to be considered further if approved relative to the possible heritage designation sites. Staff are of the opinion that there is no evidence that suggest heritage designations trigger lower property values and I would argue this is definitely not the case in Niagara on the Lake which has a very large heritage district which increases the property value of the area. Page 8 of 60 Page 274 of 345 Some of these financial burdens may be appropriate if they result in more affordable housing, but staff do not see how the compensation on heritage designation achieves the goal of providing more attainable and affordable housing. This recommendation is an outlier that is not in keeping with the theme of the Task Force mandate. The Provincial Task Force recommendations are a step in the right direction and they definitely open the door for further dialogue with area municipalities. The commentary above is a brief overview of concerns and suggestions but Planning staff have reviewed all the recommendations of the Task Force in detail in Appendix "2". Operational Implications and Risk Analysis The recommendations put forward by the Province will have operational impacts which will be tied to funding allocations. Additional staff will be needed to adhere to or exceed Provincial time targets. Financial Implications/Budget Impact The recommendations put forward by the Province will have an financial impact on the City. The financial impacts were identified above in the financial section above. Strategic/Departmental Alignment The City of Niagara Falls Strategic Vision for the City 2019-2022 is in line with the majority of the Provinces recommendations from the Provincial task force. The City's strategic plan focuses on streamlining the approvals process to support economic growth and development by updating plans and policies to be in line with future trends. This also includes a review of parking requirements to accommodate growth and economic development. The strategic plan also focuses on improvements to the transit system, the improvement and utilization of existing services, the long term planning for future services and linkages to other communities and amenities. Lastly, the City's strategic plan envisions a comprehensive housing strategy that will establish a housing mix to build complete communities, encourage infill opportunities, incentivize the development of affordable rental housing units and facilitate the delivery of new affordable housing units on both City-owned and third party land. List of Attachments Appendix 1 Ministry Report of the Ontario Housing Affordability Task Force v2 Appendix 2 Affordability Task force Written by: Kira Dolch, Director of Planning, Building & Devlopment Submitted by: Status: Page 9 of 60 Page 275 of 345 Jason Burgess, CAO Approved - 16 Mar 2022 Page 10 of 60 Page 276 of 345 Report of the Ontario Housing Affordability Task Force February 8, 2022 APPENDIX 1 MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING REPORT Page 11 of 60 Page 277 of 345 Report of the Ontario Housing Affordability Task Force | 2 Contents Letter to Minister Clark .......................................................................3 Executive summary and recommendations ...............................4 Introduction ............................................................................................6 Focus on getting more homes built ..............................................9 Making land available to build .......................................................10 Cut the red tape so we can build faster and reduce costs ........................................................15 Reduce the costs to build, buy and rent ....................................18 Support and incentivize scaling up housing supply .............................................................22 Conclusion ..........................................................................................26 Appendix A: Biographies of Task Force Members ................27 Appendix B: Affordable Housing .................................................29 Appendix C: Government Surplus Land ....................................31 Appendix D: Surety Bonds ............................................................32 References ..........................................................................................33 Page 12 of 60 Page 278 of 345 Report of the Ontario Housing Affordability Task Force | 3 Letter to Minister Clark Dear Minister Clark, Hard-working Ontarians are facing a housing crisis. For many years, the province has not built enough housing to meet the needs of our growing population. While the affordability crisis began in our large cities, it has now spread to smaller towns and rural communities. Efforts to cool the housing market have only provided temporary relief to home buyers. The long-term trend is clear: house prices are increasing much faster than Ontarian’s incomes. The time for action is now. When striking the Housing Affordability Task Force, you and Premier Ford were clear: you wanted actionable, concrete solutions to help Ontarians and there was no time to waste. You asked us to be bold and gave us the freedom and independence to develop our recommendations. In the past two months, we have met municipal leaders, planners, unions, developers and builders, the financial sector, academics, think tanks and housing advocates. Time was short, but solutions emerged consistently around these themes: • More housing density across the province • End exclusionary municipal rules that block or delay new housing • Depoliticize the housing approvals process • Prevent abuse of the housing appeals system • Financial support to municipalities that build more housing We present this report to you not as an “all or nothing” proposal, but rather as a list of options that the government has at its disposal to help address housing affordability for Ontarians and get more homes built. We propose an ambitious but achievable target: 1.5 million new homes built in the next ten years. Parents and grandparents are worried that their children will not be able to afford a home when they start working or decide to start a family. Too many Ontarians are unable to live in their preferred city or town because they cannot afford to buy or rent. The way housing is approved and built was designed for a different era when the province was less constrained by space and had fewer people. But it no longer meets the needs of Ontarians. The balance has swung too far in favour of lengthy consultations, bureaucratic red tape, and costly appeals. It is too easy to oppose new housing and too costly to build. We are in a housing crisis and that demands immediate and sweeping reforms. It has been an honour to serve as Chair, and I am proud to submit this report on behalf of the entire Task Force. Jake Lawrence Chair, Housing Affordability Task Force Chief Executive Officer and Group Head, Global Banking and Markets, Scotiabank Page 13 of 60 Page 279 of 345 Report of the Ontario Housing Affordability Task Force | 4 Executive summary and recommendations House prices in Ontario have almost tripled in the past 10 years, growing much faster than incomes. This has home ownership beyond the reach of most first-time buyers across the province, even those with well-paying jobs. Housing has become too expensive for rental units and it has become too expensive in rural communities and small towns. The system is not working as it should. For too long, we have focused on solutions to “cool” the housing market. It is now clear that we do not have enough homes to meet the needs of Ontarians today, and we are not building enough to meet the needs of our growing population. If this problem is not fixed – by creating more housing to meet the growing demand – housing prices will continue to rise. We need to build more housing in Ontario. This report sets out recommendations that would set a bold goal and clear direction for the province, increase density, remove exclusionary rules that prevent housing growth, prevent abuse of the appeals process, and make sure municipalities are treated as partners in this process by incentivizing success. Setting bold targets and making new housing the planning priority Recommendations 1 and 2 urge Ontario to set a bold goal of adding 1.5 million homes over the next 10 years and update planning guidance to make this a priority. The task force then recommends actions in five main areas to increase supply: Require greater density Land is not being used efficiently across Ontario. In too many neighbourhoods, municipal rules only allow single-family homes – not even a granny suite. Taxpayers have invested heavily in subway, light rail, bus and rail lines and highways, and the streets nearby are ideally suited for more mid- and high-rise housing. Underused or redundant commercial and industrial buildings are ripe to be redeveloped into housing or mixed commercial and residential use. New housing on undeveloped land should also be higher density than traditional suburbs, especially close to highways. Adding density in all these locations makes better use of infrastructure and helps to save land outside urban boundaries. Implementing these recommendations will provide Ontarians with many more options for housing. Recommendations 3 through 11 address how Ontario can quickly create more housing supply by allowing more housing in more locations “as of right” (without the need for municipal approval) and make better use of transportation investments. Reduce and streamline urban design rules Municipalities require numerous studies and set all kinds of rules for adding housing, many of which go well beyond the requirements of the provincial Planning Act. While some of this guidance has value for urban design, some rules appear to be arbitrary and not supported by evidence – for example, requiring condo buildings to include costly parking stalls even though many go unsold. These rules and requirements result in delays and extra costs that make housing either impossible to build or very expensive for the eventual home buyer or renter. Recommendation 12 would set uniform provincial standards for urban design, including building shadows and setbacks, do away with rules that prioritize preservation of neighbourhood physical character over new housing, no longer require municipal approval of design matters like a building’s colour, texture, type of material or window details, and remove or reduce parking requirements. Page 14 of 60 Page 280 of 345 Report of the Ontario Housing Affordability Task Force | 5 Depoliticize the process and cut red tape NIMBYism (not in my backyard) is a major obstacle to building housing. It drags out the approval process, pushes up costs, and keeps out new residents. Because local councillors depend on the votes of residents who want to keep the status quo, the planning process has become politicized. Municipalities allow far more public consultation than is required, often using formats that make it hard for working people and families with young children to take part. Too few technical decisions are delegated to municipal staff. Pressure to designate buildings with little or no heritage value as “heritage” if development is proposed and bulk listings of properties with “heritage potential” are also standing in the way of getting homes built. Dysfunction throughout the system, risk aversion and needless bureaucracy have resulted in a situation where Ontario lags the rest of Canada and the developed world in approval times. Ontarians have waited long enough. Recommendations 13 through 25 would require municipalities to limit consultations to the legislated maximum, ensure people can take part digitally, mandate the delegation of technical decisions, prevent abuse of the heritage process and see property owners compensated for financial loss resulting from designation, restore the right of developers to appeal Official Plans and Municipal Comprehensive Reviews, legislate timelines for approvals and enact several other common sense changes that would allow housing to be built more quickly and affordably. Fix the Ontario Land Tribunal Largely because of the politicization of the planning process, many proponents look to the Tribunal, a quasi-judicial body, to give the go-ahead to projects that should have been approved by the municipality. Even when there is municipal approval, however, opponents appeal to the Tribunal – paying only a $400 fee – knowing that this may well succeed in delaying a project to the point where it might no longer make economic sense. As a result, the Tribunal faces a backlog of more than 1,000 cases and is seriously under-resourced. Recommendations 26 through 31 seek to weed out or prevent appeals aimed purely at delaying projects, allow adjudicators to award costs to proponents in more cases, including instances where a municipality has refused an approval to avoid missing a legislated deadline, reduce the time to issue decisions, increase funding, and encourage the Tribunal to prioritize cases that would increase housing supply quickly as it tackles the backlog. Support municipalities that commit to transforming the system Fixing the housing crisis needs everyone working together. Delivering 1.5 million homes will require the provincial and federal governments to invest in change. Municipalities that make the difficult but necessary choices to grow housing supply should be rewarded, and those that resist new housing should see funding reductions. Recommendations 49 and 50 call for Ontario government to create a large “Ontario Housing Delivery Fund” and encourage the federal government to match funding, and suggest how the province should reward municipalities that support change and reduce funding for municipalities that do not. This executive summary focuses on the actions that will get the most housing units approved and built in the shortest time. Other recommendations in the report deal with issues that are important but may take more time to resolve or may not directly increase supply (recommendation numbers are indicated in brackets): improving tax and municipal financing (32-37, 39, 42-44); encouraging new pathways to home ownership (38, 40, 41); and addressing labour shortages in the construction industry (45-47 ). This is not the first attempt to “fix the housing system”. There have been efforts for years to tackle increasing housing prices and find solutions. This time must be different. Recommendations 50-55 set out ways of helping to ensure real and concrete progress on providing the homes Ontarians need. Page 15 of 60 Page 281 of 345 Report of the Ontario Housing Affordability Task Force | 6 Introduction Ontario is in a housing crisis. Prices are skyrocketing: the average price for a house across Ontario was $923,000 at the end of 2021.[1] Ten years ago, the average price was $329,000.[2] Over that period, average house prices have climbed 180% while average incomes have grown roughly 38%.[3] [4] Not long ago, hard-working Ontarians – teachers, construction workers, small business owners – could afford the home they wanted. In small towns, it was reasonable to expect that you could afford a home in the neighbourhood you grew up in. Today, home ownership or finding a quality rental is now out of reach for too many Ontarians. The system is not working as it should be. Housing has become too expensive for rental units and it has become too expensive in rural communities and small towns. While people who were able to buy a home a decade or more ago have built considerable personal equity, the benefits of having a home aren’t just financial. Having a place to call home connects people to their community, creates a gathering place for friends and family, and becomes a source of pride. Today, the reality for an ever-increasing number of Ontarians is quite different. Everyone in Ontario knows people who are living with the personal and financial stress of not being able to find housing they can afford. The young family who can’t buy a house within two hours of where they work. The tenant with a good job who worries about where she’ll find a new apartment she can afford if the owner decides to sell. The recent graduate who will have to stay at home for a few more years before he can afford to rent or buy. While the crisis is widespread, it weighs more heavily on some groups than on others. Young people starting a family who need a larger home find themselves priced out of the market. Black, Indigenous and marginalized people face even greater challenges. As Ontarians, we have only recently begun to understand and address the reality of decades of systemic racism that has resulted in lower household incomes, making the housing affordability gap wider than average. The high cost of housing has pushed minorities and lower income Ontarians further and further away from job markets. Black and Indigenous homeownership rates are less than half of the provincial average.[5] And homelessness rates among Indigenous Peoples are 11 times the national average. When housing prevents an individual from reaching their full potential, this represents a loss to every Ontarian: lost creativity, productivity, and revenue. Lost prosperity for individuals and for the entire Ontario economy. Average price for a house across Ontario 2021 $923,000 $329,000 2011 +180%+38 % Over 1 0 Years average house prices have climbed while average incomes have grown Page 16 of 60 Page 282 of 345 Report of the Ontario Housing Affordability Task Force | 7 As much as we read about housing affordability being a challenge in major cities around the world, the depth of the challenge has become greater in Ontario and Canada than almost anywhere in the developed world. How did we get here? Why do we have this problem? A major factor is that there just isn’t enough housing. A 2021 Scotiabank study showed that Canada has the fewest housing units per population of any G7 country – and, our per capita housing supply has dropped in the past five years.[6] An update to that study released in January 2022 found that two thirds of Canada’s housing shortage is in Ontario.[7] Today, Ontario is 1.2 million homes – rental or owned – short of the G7 average. With projected population growth, that huge gap is widening, and bridging it will take immediate, bold and purposeful effort. And to support population growth in the next decade, we will need one million more homes. While governments across Canada have taken steps to “cool down” the housing market or provide help to first-time buyers, these demand-side solutions only work if there is enough supply. Shortages of supply in any market have a direct impact on affordability. Scarcity breeds price increases. Simply put, if we want more Ontarians to have housing, we need to build more housing in Ontario. Ontario must build 1.5 million homes over the next 10 years to address the supply shortage The housing crisis impacts all Ontarians. The ripple effect of the crisis also holds back Ontario reaching its full potential. Economy Businesses of all sizes are facing problems finding and retaining workers. Even high-paying jobs in technology and manufacturing are hard to fill because there’s not enough housing nearby. This doesn’t just dampen the economic growth of cities, it makes them less vibrant, diverse, and creative, and strains their ability to provide essential services. Public services Hospitals, school boards and other public service providers across Ontario report challenges attracting and retaining staff because of housing costs. One town told us that it could no longer maintain a volunteer fire department, because volunteers couldn’t afford to live within 10 minutes drive of the firehall. Environment Long commutes contribute to air pollution and carbon emissions. An international survey of 74 cities in 16 countries found that Toronto, at 96 minutes both ways, had the longest commute times in North America and was essentially tied with Bogota, Colombia, for the longest commute time worldwide.[8] Increasing density in our cities and around major transit hubs helps reduce emissions to the benefit of everyone. Our mandate and approach Ontario’s Minister of Municipal Affairs and Housing tasked us with recommending ways to accelerate our progress in closing the housing supply gap to improve housing affordability. Time is of the essence. Building housing now is exactly what our post-pandemic economy needs. Housing construction creates good-paying jobs that cannot be outsourced to other countries. Moreover, the pandemic gave rise to unprecedented levels of available capital that can be invested in housing – if we can just put it to work. We represent a wide range of experience and perspectives that includes developing, financing and building homes, delivering affordable housing, and researching housing market trends, challenges and solutions. Our detailed biographies appear as Appendix A. Canada has the lowest amount of housing per population of any G7 country. We acknowledge that every house in Ontario is built on the traditional territory of Indigenous Peoples. 1.5MOntario must build homes over the next 10 years to address the supply shortage. Page 17 of 60 Page 283 of 345 Report of the Ontario Housing Affordability Task Force | 8 Our mandate was to focus on how to increase market housing supply and affordability. By market housing, we are referring to homes that can be purchased or rented without government support. Affordable housing (units provided at below-market rates with government support) was not part of our mandate. The Minister and his cabinet colleagues are working on that issue. Nonetheless, almost every stakeholder we spoke with had ideas that will help deliver market housing and also make it easier to deliver affordable housing. However, affordable housing is a societal responsibility and will require intentional investments and strategies to bridge the significant affordable housing gap in this province. We have included a number of recommendations aimed at affordable housing in the body of this report, but have also included further thoughts in Appendix B. We note that government-owned land was also outside our mandate. Many stakeholders, however, stressed the value of surplus or underused public land and land associated with major transit investments in finding housing solutions. We agree and have set out some thoughts on that issue in Appendix C. How we did our work Our Task Force was struck in December 2021 and mandated to deliver a final report to the Minister by the end of January 2022. We were able to work to that tight timeline because, in almost all cases, viewpoints and feasible solutions are well known. In addition, we benefited from insights gleaned from recent work to solve the problem in other jurisdictions. During our deliberations, we met with and talked to over 140 organizations and individuals, including industry associations representing builders and developers, planners, architects, realtors and others; labour unions; social justice advocates; elected officials at the municipal level; academics and research groups; and municipal planners. We also received written submissions from many of these participants. In addition, we drew on the myriad public reports and papers listed in the References. We thank everyone who took part in sessions that were uniformly helpful in giving us a deeper understanding of the housing crisis and the way out of it. We also thank the staff of the Ministry of Municipal Affairs and Housing who provided logistical and other support, including technical briefings and background. The way forward The single unifying theme across all participants over the course of the Task Force’s work has been the urgency to take decisive action. Today’s housing challenges are incredibly complex. Moreover, developing land, obtaining approvals, and building homes takes years. Some recommendations will produce immediate benefits, others will take years for the full impact. This is why there is no time to waste. We urge the Minister of Municipal Affairs and Housing and his cabinet colleagues to continue measures they have already taken to accelerate housing supply and to move quickly in turning the recommendations in this report into decisive new actions. The province must set an ambitious and bold goal to build 1.5 million homes over the next 10 years. If we build 1.5 million new homes over the next ten years, Ontario can fill the housing gap with more affordable choices, catch up to the rest of Canada and keep up with population growth. By working together, we can resolve Ontario’s housing crisis. In so doing, we can build a more prosperous future for everyone. The balance of this report lays out our recommendations. People in households that spend 30% or more of total household income on shelter expenses are defined as having a “housing affordability” problem. Shelter expenses include electricity, oil, gas, coal, wood or other fuels, water and other municipal services, monthly mortgage payments, property taxes, condominium fees, and rent. Page 18 of 60 Page 284 of 345 Report of the Ontario Housing Affordability Task Force | 9 Focus on getting more homes built Resolving a crisis requires intense focus and a clear goal. The province is responsible for the legislation and policy that establishes the planning, land use, and home building goals, which guide municipalities, land tribunals, and courts. Municipalities are then responsible for implementing provincial policy in a way that works for their communities. The province is uniquely positioned to lead by shining a spotlight on this issue, setting the tone, and creating a single, galvanizing goal around which federal support, provincial legislation, municipal policy, and the housing market can be aligned. In 2020, Ontario built about 75,000 housing units.[9] For this report, we define a housing unit (home) as a single dwelling (detached, semi-detached, or attached), apartment, suite, condominium or mobile home. Since 2018, housing completions have grown every year as a result of positive measures that the province and some municipalities have implemented to encourage more home building. But we are still 1.2 million homes short when compared to other G7 countries and our population is growing. The goal of 1.5 million homes feels daunting – but reflects both the need and what is possible. In fact, throughout the 1970s Ontario built more housing units each year than we do today.[10] The second recommendation is designed to address the growing complexity and volume of rules in the legislation, policy, plans and by-laws, and their competing priorities, by providing clear direction to provincial agencies, municipalities, tribunals, and courts on the overriding priorities for housing. 1. Set a goal of building 1.5 million new homes in ten years. 2. Amend the Planning Act, Provincial Policy Statement, and Growth Plans to set “growth in the full spectrum of housing supply” and “intensification within existing built-up areas” of municipalities as the most important residential housing priorities in the mandate and purpose. The “missing middle” is often cited as an important part of the housing solution. We define the missing middle as mid-rise condo or rental housing, smaller houses on subdivided lots or in laneways and other additional units in existing houses. Page 19 of 60 Page 285 of 345 Report of the Ontario Housing Affordability Task Force | 10 Making land available to build The Greater Toronto Area is bordered on one side by Lake Ontario and on the other by the protected Greenbelt. Similarly, the Ottawa River and another Greenbelt constrain land supply in Ottawa, the province’s second-largest city. But a shortage of land isn’t the cause of the problem. Land is available, both inside the existing built-up areas and on undeveloped land outside greenbelts. We need to make better use of land. Zoning defines what we can build and where we can build. If we want to make better use of land to create more housing, then we need to modernize our zoning rules. We heard from planners, municipal councillors, and developers that “as of right” zoning – the ability to by-pass long, drawn out consultations and zoning by-law amendments – is the most effective tool in the provincial toolkit. We agree. Stop using exclusionary zoning that restricts more housing Too much land inside cities is tied up by outdated rules. For example, it’s estimated that 70% of land zoned for housing in Toronto is restricted to single-detached or semi-detached homes.[11] This type of zoning prevents homeowners from adding additional suites to create housing for Ontarians and income for themselves. As one person said, “my neighbour can tear down what was there to build a monster home, but I’m not allowed to add a basement suite to my home.” While less analysis has been done in other Ontario communities, it’s estimated that about half of all residential land in Ottawa is zoned for single-detached housing, meaning nothing else may be built on a lot without public consultation and an amendment to the zoning by-law. In some suburbs around Toronto, single unit zoning dominates residential land use, even close to GO Transit stations and major highways. One result is that more growth is pushing past urban boundaries and turning farmland into housing. Undeveloped land inside and outside existing municipal boundaries must be part of the solution, particularly in northern and rural communities, but isn’t nearly enough on its own. Most of the solution must come from densification. Greenbelts and other environmentally sensitive areas must be protected, and farms provide food and food security. Relying too heavily on undeveloped land would whittle away too much of the already small share of land devoted to agriculture. Modernizing zoning would also open the door to more rental housing, which in turn would make communities more inclusive. Allowing more gentle density also makes better use of roads, water and wastewater systems, transit and other public services that are already in place and have capacity, instead of having to be built in new areas. The Ontario government took a positive step by allowing secondary suites (e.g., basement apartments) across the province in 2019. However, too many municipalities still place too many restrictions on implementation. For the last three years, the total number of secondary suites in Toronto has actually declined each year, as few units get permitted and owners convert two units into one.[12] These are the types of renovations and home construction performed by small businesses and local trades, providing them with a boost. 70 %It’s estimated that of land zoned for housing in Toronto is restricted to single-detached or semi-detached homes. Page 20 of 60 Page 286 of 345 Report of the Ontario Housing Affordability Task Force | 11 Underused and vacant commercial and industrial properties are another potential source of land for housing. It was suggested to us that one area ripe for redevelopment into a mix of commercial and residential uses is the strip mall, a leftover from the 1950s that runs along major suburban streets in most large Ontario cities. “As of right” zoning allows more kinds of housing that are accessible to more kinds of people. It makes neighbourhoods stronger, richer, and fairer. And it will get more housing built in existing neighbourhoods more quickly than any other measure. 3. Limit exclusionary zoning in municipalities through binding provincial action: a) Allow “as of right” residential housing up to four units and up to four storeys on a single residential lot. b) Modernize the Building Code and other policies to remove any barriers to affordable construction and to ensure meaningful implementation (e.g., allow single-staircase construction for up to four storeys, allow single egress, etc.). 4. Permit “as of right” conversion of underutilized or redundant commercial properties to residential or mixed residential and commercial use. 5. Permit “as of right” secondary suites, garden suites, and laneway houses province-wide. 6. Permit “as of right” multi-tenant housing (renting rooms within a dwelling) province-wide. 7. Encourage and incentivize municipalities to increase density in areas with excess school capacity to benefit families with children. Align investments in roads and transit with growth Governments have invested billions of dollars in highways, light rail, buses, subways and trains in Ontario. But without ensuring more people can live close to those transit routes, we’re not getting the best return on those infrastructure investments. Access to transit is linked to making housing more affordable: when reliable transit options are nearby, people can get to work more easily. They can live further from the centre of the city in less expensive areas without the added cost of car ownership. The impacts of expanding public transit go far beyond serving riders. These investments also spur economic growth and reduce traffic congestion and emissions. We all pay for the cost of transit spending, and we should all share in the benefits. If municipalities achieve the right development near transit – a mix of housing at high- and medium-density, office space and retail – this would open the door to better ways of funding the costs. Other cities, like London, UK and Hong Kong, have captured the impacts of increased land value and business activity along new transit routes to help with their financing. Ontario recently created requirements (residents/hectare) for municipalities to zone for higher density in transit corridors and “major transit station areas”.[13a] [13b] These are areas surrounding subway and other rapid transit stations and hubs. However, we heard troubling reports that local opposition is blocking access to these neighbourhoods and to critical public transit stations. City staff, councillors, and the province need to stand up to these tactics and speak up for the Ontarians who need housing. The Province is also building new highways in the Greater Golden Horseshoe, and it’s important to plan thoughtfully for the communities that will follow from these investments, to make sure they are compact and liveable. Page 21 of 60 Page 287 of 345 Report of the Ontario Housing Affordability Task Force | 12 8. Allow “as of right” zoning up to unlimited height and unlimited density in the immediate proximity of individual major transit stations within two years if municipal zoning remains insufficient to meet provincial density targets. 9. Allow “as of right” zoning of six to 11 storeys with no minimum parking requirements on any streets utilized by public transit (including streets on bus and streetcar routes). 10. Designate or rezone as mixed commercial and residential use all land along transit corridors and redesignate all Residential Apartment to mixed commercial and residential zoning in Toronto. 11. Support responsible housing growth on undeveloped land, including outside existing municipal boundaries, by building necessary infrastructure to support higher density housing and complete communities and applying the recommendations of this report to all undeveloped land. Start saying “yes in my backyard” Even where higher density is allowed in theory, the official plans of most cities in Ontario contain conflicting goals like maintaining “prevailing neighbourhood character”. This bias is reinforced by detailed guidance that often follows from the official plan. Although requirements are presented as “guidelines”, they are often treated as rules. Examples include: • Angular plane rules that require successively higher floors to be stepped further back, cutting the number of units that can be built by up to half and making many projects uneconomic • Detailed rules around the shadows a building casts • Guidelines around finishes, colours and other design details One resident’s desire to prevent a shadow being cast in their backyard or a local park frequently prevails over concrete proposals to build more housing for multiple families. By-laws and guidelines that preserve “neighbourhood character” often prevent simple renovations to add new suites to existing homes. The people who suffer are mostly young, visible minorities, and marginalized people. It is the perfect example of a policy that appears neutral on its surface but is discriminatory in its application.[14] Far too much time and money are spent reviewing and holding consultations for large projects which conform with the official plan or zoning by-law and small projects which would cause minimal disruption. The cost of needless delays is passed on to new home buyers and tenants. Minimum parking requirements for each new unit are another example of outdated municipal requirements that increase the cost of housing and are increasingly less relevant with public transit and ride share services. Minimum parking requirements add as much as $165,000 to the cost of a new housing unit, even as demand for parking spaces is falling: data from the Residential Construction Council of Ontario shows that in new condo projects, one in three parking stalls goes unsold. We applaud the recent vote by Toronto City Council to scrap most minimum parking requirements. We believe other cities should follow suit. While true heritage sites are important, heritage preservation has also become a tool to block more housing. For example, some municipalities add thousands of properties at a time to a heritage register because they have “potential” heritage value. Even where a building isn’t heritage designated or registered, neighbours increasingly demand it be as soon as a development is proposed. This brings us to the role of the “not in my backyard” or NIMBY sentiment in delaying or stopping more homes from being built. New housing is often the last priority A proposed building with market and affordable housing units would have increased the midday shadow by 6.5% on a nearby park at the fall and spring equinox, with no impact during the summer months. To conform to a policy that does not permit “new net shadow on specific parks”, seven floors of housing, including 26 affordable housing units, were sacrificed. Multiple dry cleaners along a transit route were designated as heritage sites to prevent new housing being built. It is hard not to feel outrage when our laws are being used to prevent families from moving into neighbourhoods and into homes they can afford along transit routes. Page 22 of 60 Page 288 of 345 Report of the Ontario Housing Affordability Task Force | 13 NIMBY versus YIMBY NIMBYism (not in my backyard) is a large and constant obstacle to providing housing everywhere. Neighbourhood pushback drags out the approval process, pushes up costs and discourages investment in housing. It also keeps out new residents. While building housing is very costly, opposing new housing costs almost nothing. Unfortunately, there is a strong incentive for individual municipal councillors to fall in behind community opposition – it’s existing residents who elect them, not future ones. The outcry of even a handful of constituents (helped by the rise of social media) has been enough, in far too many cases, to persuade their local councillor to vote against development even while admitting its merits in private. There is a sense among some that it’s better to let the Ontario Land Tribunal approve the development on appeal, even if it causes long delays and large cost increases, then to take the political heat. Mayors and councillors across the province are fed up and many have called for limits on public consultations and more “as of right” zoning. In fact, some have created a new term for NIMBYism: BANANAs – Build Absolutely Nothing Anywhere Near Anything, causing one mayor to comment “NIMBYism has gone BANANAs”. We agree. In a growing, thriving society, that approach is not just bad policy, it is exclusionary and wrong. As a result, technical planning decisions have become politicized. One major city has delegated many decisions to senior staff, but an individual councillor can withdraw the delegation when there is local opposition and force a vote at Council. We heard that this situation is common across the province, creating an electoral incentive for a councillor to delay or stop a housing proposal, or forcing a councillor to pay the electoral cost of supporting it. Approvals of individual housing applications should be the role of professional staff, free from political interference. The pressure to stop any development is now so intense that it has given rise to a counter-movement – YIMBYism, or “yes in my backyard,” led by millennials who recognize entrenched opposition to change as a huge obstacle to finding a home. They provide a voice at public consultations for young people, new immigrants and refugees, minority groups, and Ontarians struggling to access housing by connecting our ideals to the reality of housing. People who welcome immigrants to Canada should welcome them to the neighbourhood, fighting climate change means supporting higher-density housing, and “keeping the neighbourhood the way it is” means keeping it off-limits. While anti-housing voices can be loud, a member of More Neighbours Toronto, a YIMBY group that regularly attends public consultations, has said that the most vocal opponents usually don’t represent the majority in a neighbourhood. Survey data from the Ontario Real Estate Association backs that up, with almost 80% of Ontarians saying they are in favour of zoning in urban areas that would encourage more homes. Ontarians want a solution to the housing crisis. We cannot allow opposition and politicization of individual housing projects to prevent us from meeting the needs of all Ontarians. 12. Create a more permissive land use, planning, and approvals system: a) Repeal or override municipal policies, zoning, or plans that prioritize the preservation of physical character of neighbourhood b) Exempt from site plan approval and public consultation all projects of 10 units or less that conform to the Official Plan and require only minor variances c) Establish province-wide zoning standards, or prohibitions, for minimum lot sizes, maximum building setbacks, minimum heights, angular planes, shadow rules, front doors, building depth, landscaping, floor space index, and heritage view cones, and planes; restore pre-2006 site plan exclusions (colour, texture, and type of materials, window details, etc.) to the Planning Act and reduce or eliminate minimum parking requirements; and d) Remove any floorplate restrictions to allow larger, more efficient high-density towers. 13. Limit municipalities from requesting or hosting additional public meetings beyond those that are required under the Planning Act. 14. Require that public consultations provide digital participation options. 15. Require mandatory delegation of site plan approvals and minor variances to staff or pre-approved qualified third-party technical consultants through a simplified review and approval process, without the ability to withdraw Council’s delegation. Page 23 of 60 Page 289 of 345 Report of the Ontario Housing Affordability Task Force | 14 16. Prevent abuse of the heritage preservation and designation process by: a) Prohibiting the use of bulk listing on municipal heritage registers b) Prohibiting reactive heritage designations after a Planning Act development application has been filed 17. Requiring municipalities to compensate property owners for loss of property value as a result of heritage designations, based on the principle of best economic use of land. 18. Restore the right of developers to appeal Official Plans and Municipal Comprehensive Reviews. We have heard mixed feedback on Committees of Adjustment. While they are seen to be working well in some cities, in others they are seen to simply add another lengthy step in the process. We would urge the government to first implement our recommendation to delegate minor variances and site plan approvals to municipal staff and then assess whether Committees of Adjustment are necessary and an improvement over staff-level decision making. Page 24 of 60 Page 290 of 345 Report of the Ontario Housing Affordability Task Force | 15 Cut the red tape so we can build faster and reduce costs One of the strongest signs that our approval process is not working: of 35 OECD countries, only the Slovak Republic takes longer than Canada to approve a building project. The UK and the US approve projects three times faster without sacrificing quality or safety. And they save home buyers and tenants money as a result, making housing more affordable.[15] A 2020 survey of development approval times in 23 Canadian cities shows Ontario seriously lagging: Hamilton (15th), Toronto (17th), Ottawa (21st) with approval times averaging between 20-24 months. These timelines do not include building permits, which take about two years for an apartment building in Toronto. Nor did they count the time it takes for undeveloped land to be designated for housing, which the study notes can take five to ten years.[16] Despite the good intentions of many people involved in the approvals and home-building process, decades of dysfunction in the system and needless bureaucracy have made it too difficult for housing approvals to keep up with the needs of Ontarians. There appear to be numerous reasons why Ontario performs so poorly against other Canadian cities and the rest of the developed world. We believe that the major problems can be summed up as: • Too much complexity in the planning process, with the page count in legislation, regulation, policies, plans, and by-laws growing every year • Too many studies, guidelines, meetings and other requirements of the type we outlined in the previous section, including many that go well beyond the scope of Ontario’s Planning Act • Reviews within municipalities and with outside agencies that are piecemeal, duplicative (although often with conflicting outcomes) and poorly coordinated • Process flaws that include reliance on paper • Some provincial policies that are more relevant to urban development but result in burdensome, irrelevant requirements when applied in some rural and northern communities. All of this has contributed to widespread failure on the part of municipalities to meet required timelines. The provincial Planning Act sets out deadlines of 90 days for decisions on zoning by-law amendments, 120 days for plans of subdivision, and 30 days for site plan approval, but municipalities routinely miss these without penalty. For other processes, like site plan approval or provincial approvals, there are no timelines and delays drag on. The cost of delay falls on the ultimate homeowner or tenant. The consequences for homeowners and renters are enormous. Ultimately, whatever cost a builder pays gets passed on to the buyer or renter. As one person said: “Process is the biggest project killer in Toronto because developers have to carry timeline risk.” Site plan control was often brought up as a frustration. Under the Planning Act, this is meant to be a technical review of the external features of a building. In practice, municipalities often expand on what is required and take too long to respond. 8,200 Then & Now Total words in: 1996 Provincial Policy Statement 17,000 2020 17,000 1970 Planning Act 96,000 2020 Page 25 of 60 Page 291 of 345 Report of the Ontario Housing Affordability Task Force | 16 An Ontario Association of Architects study calculating the cost of delays between site plan application and approval concluded that for a 100-unit condominium apartment building, each additional month of delay costs the applicant an estimated $193,000, or $1,930 a month for each unit.[17] A 2020 study done for the Building Industry and Land Development Association (BILD) looked at impacts of delay on low-rise construction, including single-detached homes. It estimated that every month an approval is delayed adds, on average, $1.46 per square foot to the cost of a single home. A two-year delay, which is not unusual for this housing type, adds more than $70,000 to the cost of a 2,000-square-foot house in the GTA.[16] Getting rid of so much unnecessary and unproductive additional work would significantly reduce the burden on staff.[16b] It would help address the widespread shortages of planners and building officials. It would also bring a stronger sense among municipal staff that they are part of the housing solution and can take pride in helping cut approval times and lower the costs of delivering homes. Adopt common sense approaches that save construction costs Wood using “mass timber” – an engineer compressed wood, made for strength and weight-bearing – can provide a lower-cost alternative to reinforced concrete in many mid-rise projects, but Ontario’s Building Code is hampering its use. Building taller with wood offers advantages beyond cost: • Wood is a renewable resource that naturally sequesters carbon, helping us reach our climate change goals • Using wood supports Ontario’s forestry sector and creates jobs, including for Indigenous people British Columbia’s and Quebec’s building codes allow woodframe construction up to 12 storeys, but Ontario limits it to six. By amending the Building Code to allow 12-storey woodframe construction, Ontario would encourage increased use of forestry products and reduce building costs. Finally, we were told that a shift in how builders are required to guarantee their performance would free up billions of dollars to build more housing. Pay on demand surety bonds are a much less onerous option than letters or credit, and are already accepted in Hamilton, Pickering, Innisfil, Whitchurch-Stouffville and other Ontario municipalities. We outline the technical details in Appendix D. 19. Legislate timelines at each stage of the provincial and municipal review process, including site plan, minor variance, and provincial reviews, and deem an application approved if the legislated response time is exceeded. 20. Fund the creation of “approvals facilitators” with the authority to quickly resolve conflicts among municipal and/or provincial authorities and ensure timelines are met. 21. Require a pre-consultation with all relevant parties at which the municipality sets out a binding list that defines what constitutes a complete application; confirms the number of consultations established in the previous recommendations; and clarifies that if a member of a regulated profession such as a professional engineer has stamped an application, the municipality has no liability and no additional stamp is needed. 22. Simplify planning legislation and policy documents. 23. Create a common, province-wide definition of plan of subdivision and standard set of conditions which clarify which may be included; require the use of standard province-wide legal agreements and, where feasible, plans of subdivision. 24. Allow wood construction of up to 12 storeys. 25. Require municipalities to provide the option of pay on demand surety bonds and letters of credit. Then: In 1966, a draft plan of subdivision in a town in southwestern Ontario to provide 529 low-rise and mid-rise housing units, a school site, a shopping centre and parks was approved by way of a two-page letter setting out 10 conditions. It took seven months to clear conditions for final approval. And now: In 2013, a builder started the approval process to build on a piece of serviced residential land in a seasonal resort town. Over the next seven years, 18 professional consultant reports were required, culminating in draft plan approval containing 50 clearance conditions. The second approval, issued by the Local Planning Appeals Board in 2020, ran to 23 pages. The developer estimates it will be almost 10 years before final approval is received. Page 26 of 60 Page 292 of 345 Report of the Ontario Housing Affordability Task Force | 17 Prevent abuse of the appeal process Part of the challenge with housing approvals is that, by the time a project has been appealed to the Ontario Land Tribunal (the Tribunal), it has usually already faced delay and compromises have been made to reduce the size and scope of the proposal. When an approved project is appealed, the appellant – which could just be a single individual – may pay $400 and tie up new housing for years. The most recent published report showed 1,300 unresolved cases.[18] While under-resourcing does contribute to delays, this caseload also reflects the low barrier to launching an appeal and the minimal risks if an appeal is unsuccessful: • After a builder has spent time and money to ensure a proposal conforms with a municipality’s requirements, the municipal council can still reject it – even if its own planning staff has given its support. Very often this is to appease local opponents. • Unlike a court, costs are not automatically awarded to the successful party at the Tribunal. The winning side must bring a motion and prove that the party bringing the appeal was unreasonable, clearly trying to delay the project, and/or being vexatious or frivolous. Because the bar is set so high, the winning side seldom asks for costs in residential cases. This has resulted in abuse of the Tribunal to delay new housing. Throughout our consultations, we heard from municipalities, not-for-profits, and developers that affordable housing was a particular target for appeals which, even if unsuccessful, can make projects too costly to build. Clearly the Tribunal needs more resources to clear its backlog. But the bigger issue is the need for so many appeals: we believe it would better to have well-defined goals and rules for municipalities and builders to avoid this costly and time-consuming quasi-judicial process. Those who bring appeals aimed at stopping development that meets established criteria should pay the legal costs of the successful party and face the risk of a larger project being approved. The solution is not more appeals, it’s fixing the system. We have proposed a series of reforms that would ensure only meritorious appeals proceeded, that every participant faces some risk and cost of losing, and that abuse of the Tribunal will be penalized. We believe that if Ontario accepts our recommendations, the Tribunal will not face the same volume of appeals. But getting to that point will take time, and the Tribunal needs more resources and better tools now. Recommendation 1 will provide legislative direction to adjudicators that they must prioritize housing growth and intensification over competing priorities contained in provincial and municipal policies. We further recommend the following: 26. Require appellants to promptly seek permission (“leave to appeal”) of the Tribunal and demonstrate that an appeal has merit, relying on evidence and expert reports, before it is accepted. 27. Prevent abuse of process: a) Remove right of appeal for projects with at least 30% affordable housing in which units are guaranteed affordable for at least 40 years. b) Require a $10,000 filing fee for third-party appeals. c) Provide discretion to adjudicators to award full costs to the successful party in any appeal brought by a third party or by a municipality where its council has overridden a recommended staff approval. 28. Encourage greater use of oral decisions issued the day of the hearing, with written reasons to follow, and allow those decisions to become binding the day that they are issued. 29. Where it is found that a municipality has refused an application simply to avoid a deemed approval for lack of decision, allow the Tribunal to award punitive damages. 30. Provide funding to increase staffing (adjudicators and case managers), provide market-competitive salaries, outsource more matters to mediators, and set shorter time targets. 31. In clearing the existing backlog, encourage the Tribunal to prioritize projects close to the finish line that will support housing growth and intensification, as well as regional water or utility infrastructure decisions that will unlock significant housing capacity. Page 27 of 60 Page 293 of 345 Report of the Ontario Housing Affordability Task Force | 18 Reduce the costs to build, buy and rent The price you pay to buy or rent a home is driven directly by how much it costs to build a home. In Ontario, costs to build homes have dramatically increased at an unprecedented pace over the past decade. In most of our cities and towns, materials and labour only account for about half of the costs. The rest comes from land, which we have addressed in the previous section, and government fees. A careful balance is required on government fees because, as much as we would like to see them lowered, governments need revenues from fees and taxes to build critically needed infrastructure and pay for all the other services that make Ontario work. So, it is a question of balance and of ensuring that our approach to government fees encourages rather than discourages developers to build the full range of housing we need in our Ontario communities. Align government fees and charges with the goal of building more housing Improve the municipal funding model Housing requires more than just the land it is built on. It requires roads, sewers, parks, utilities and other infrastructure. The provincial government provides municipalities with a way to secure funding for this infrastructure through development charges, community benefit charges and parkland dedication (providing 5% of land for public parks or the cash equivalent). These charges are founded on the belief that growth – not current taxpayers – should pay for growth. As a concept, it is compelling. In practice, it means that new home buyers pay the entire cost of sewers, parks, affordable housing, or colleges that will be around for generations and may not be located in their neighbourhood. And, although building affordable housing is a societal responsibility, because affordable units pay all the same charges as a market unit, the cost is passed to new home buyers in the same building or the not-for-profit organization supporting the project. We do not believe that government fees should create a disincentive to affordable housing. If you ask any developer of homes – whether they are for-profit or non-profit – they will tell you that development charges are a special pain point. In Ontario, they can be as much as $135,000 per home. In some municipalities, development charges have increased as much as 900% in less than 20 years.[20] As development charges go up, the prices of homes go up. And development charges on a modest semi-detached home are the same as on a luxury 6,000 square foot home, resulting in a disincentive to build housing that is more affordable. Timing is also a challenge as development charges have to be paid up front, before a shovel even goes into the ground. To help relieve the pressure, the Ontario government passed recent legislation allowing builders to determine development charges earlier in the building process. But they must pay interest on the assessed development charge to the municipality until a building permit is issued, and there is no cap on the rate, which in one major city is 13% annually. Cash payments to satisfy parkland dedication also significantly boost the costs of higher-density projects, adding on average $17,000 to the cost of a high-rise condo across the GTA.[21] We heard concerns not just about the amount of cash collected, but also about the money not being spent in the neighbourhood or possibly not being spent on parks at all. As an example, in 2019 the City of Toronto held $644 million in parkland cash-in-lieu payments.[22] Everyone can agree that we need to invest in parks as our communities grow, but if the funds are not being spent, perhaps it means that more money is being collected for parklands than is needed and we could lower the cost of housing if we adjusted these parkland fees. A 2019 study carried out for BILD showed that in the Greater Toronto Area, development charges for low-rise housing are on average more than three times higher per unit than in six comparable US metropolitan areas, and roughly 1.75-times higher than in the other Canadian cities. For high-rise developments the average per unit charges in the GTA are roughly 50% higher than in the US areas, and roughly 30% higher than in the other Canadian urban areas.[19] Page 28 of 60 Page 294 of 345 Report of the Ontario Housing Affordability Task Force | 19 Modernizing HST Thresholds Harmonized sales tax (HST) applies to all new housing – including purpose-built rental. Today, the federal component is 5% and provincial component is 8%. The federal and provincial government provide a partial HST rebate. Two decades ago, the maximum home price eligible for a rebate was set at $450,000 federally and $400,000 provincially, resulting in a maximum rebate of $6,300 federally and $24,000 provincially, less than half of today’s average home price. Buyers of new homes above this ceiling face a significant clawback. Indexing the rebate would immediately reduce the cost of building new homes, savings that can be passed on to Ontarians. When both levels of government agree that we are facing a housing crisis, they should not be adding over 10% to the cost of almost all new homes. 32. Waive development charges and parkland cash-in-lieu and charge only modest connection fees for all infill residential projects up to 10 units or for any development where no new material infrastructure will be required. 33. Waive development charges on all forms of affordable housing guaranteed to be affordable for 40 years. 34. Prohibit interest rates on development charges higher than a municipality’s borrowing rate. 35. Regarding cash in lieu of parkland, s.37, Community Benefit Charges, and development charges: a) Provincial review of reserve levels, collections and drawdowns annually to ensure funds are being used in a timely fashion and for the intended purpose, and, where review points to a significant concern, do not allow further collection until the situation has been corrected. b) Except where allocated towards municipality-wide infrastructure projects, require municipalities to spend funds in the neighbourhoods where they were collected. However, where there’s a significant community need in a priority area of the City, allow for specific ward-to-ward allocation of unspent and unallocated reserves. 36. Recommend that the federal government and provincial governments update HST rebate to reflect current home prices and begin indexing the thresholds to housing prices, and that the federal government match the provincial 75% rebate and remove any clawback. Make it easier to build rental In cities and towns across Ontario, it is increasingly hard to find a vacant rental unit, let alone a vacant rental unit at an affordable price. Today, 66% of all purpose-built rental units in the City of Toronto were built between 1960 and 1979. Less than 15% of Toronto’s purpose-built rentals were constructed over the ensuing 40 years in spite of the significant population growth during that time. In fact, between 2006 and 2016, growth in condo apartments increased by 186% while purpose-built rental only grew by 0.6%.[12] In 2018, the Ontario government introduced positive changes that have created growth in purpose-built rental units – with last year seeing 18,000 units under construction and 93,000 proposed against a 5-year average prior to 2020 of 3,400 annually.[23] Long-term renters often now feel trapped in apartments that don’t make sense for them as their needs change. And because they can’t or don’t want to move up the housing ladder, many of the people coming up behind them who would gladly take those apartments are instead living in crowded spaces with family members or roommates. Others feel forced to commit to rental units at prices way beyond what they can afford. Others are trying their luck in getting on the wait list for an affordable unit or housing co-op – wait lists that are years long. Others are leaving Ontario altogether. Government charges on a new single-detached home averaged roughly $186,300, or almost 22% of the price, across six municipalities in southcentral Ontario. For a new condominium apartment, the average was almost $123,000, or roughly 24% of a unit’s price. of all purpose-built rental units in the City of Toronto were built between 1960 and 1979. 66% Page 29 of 60 Page 295 of 345 Report of the Ontario Housing Affordability Task Force | 20 A pattern in every community, and particularly large cities, is that the apartments and rented rooms that we do have are disappearing. Apartment buildings are being converted to condos or upgraded to much more expensive rental units. Duplexes get purchased and turned into larger single-family homes. A major challenge in bridging the gap of rental supply is that, more often than not, purpose-built rental projects don’t make economic sense for builders and investors. Ironically, there is no shortage of Canadian investor capital seeking housing investments, particularly large pension funds – but the economics of investing in purpose-built rental in Ontario just don’t make sense. So, investments get made in apartment projects in other provinces or countries, or in condo projects that have a better and safer return-on-investment. What can governments do to get that investor capital pointed in the right direction so we can create jobs and get more of the housing we need built? Some of our earlier recommendations will help, particularly indexing the HST rebate. So will actions by government to require purpose-built rental on surplus government land that is made available for sale. (Appendix C) Municipal property taxes on purpose-built rental can be as much as 2.5 times greater than property taxes for condominium or other ownership housing.[24] The Task Force recommends: 37. Align property taxes for purpose-built rental with those of condos and low-rise homes. Make homeownership possible for hardworking Ontarians who want it Home ownership has always been part of the Canadian dream. You don’t have to look far back to find a time when the housing landscape was very different. The norm was for young people to rent an apartment in their twenties, work hard and save for a down payment, then buy their first home in their late twenties or early thirties. It was the same for many new Canadians: arrive, rent, work hard and buy. The house might be modest, but it brought a sense of ownership, stability and security. And after that first step onto the ownership ladder, there was always the possibility of selling and moving up. Home ownership felt like a real possibility for anyone who wanted it. That’s not how it works now. Too many young people who would like their own place are living with one or both parents well into adulthood. The escalation of housing prices over the last decade has put the dream of homeownership out of reach of a growing number of aspiring first-time home buyers. While 73% of Canadians are homeowners, that drops to 48% for Black people, 47% for LGBTQ people[5] (StatsCan is studying rates for other populations, including Indigenous People who are severely underhoused). This is also an issue for younger adults: a 2021 study showed only 24% of Torontonians aged 30 to 39 are homeowners.[25] In Canada, responsibility for Indigenous housing programs has historically been a shared between the federal and provincial governments. The federal government works closely with its provincial and territorial counterparts to improve access to housing for Indigenous peoples both on and off reserve. More than 85% of Indigenous people live in urban and rural areas, are 11 times more likely to experience homelessness and have incidence of housing need that is 52% greater than all Canadians. The Murdered and Missing Indigenous Women and Girls report mentions housing 299 times – the lack of which being a significant, contributing cause to violence and the provision of which as a significant, contributing solution. The Province of Ontario has made significant investments in Urban Indigenous Housing, but we need the Federal Government to re-engage as an active partner. While measures to address supply will have an impact on housing prices, many aspiring homeowners will continue to face a gap that is simply too great to bridge through traditional methods. The Task Force recognizes the need for caution about measures that would spur demand for housing before the supply bottleneck is fixed. At the same time, a growing number of organizations – both non-profit and for-profit are proposing a range of unique home equity models. Some of these organizations are aiming at households who have sufficient income to pay the mortgage but lack a sufficient down payment. Others are aiming at households who fall short in both income and down payment requirements for current market housing. Page 30 of 60 Page 296 of 345 Report of the Ontario Housing Affordability Task Force | 21 The Task Force heard about a range of models to help aspiring first-time home buyers, including: • Shared equity models with a government, non-profit or for-profit lender holding a second “shared equity mortgage” payable at time of sale of the home • Land lease models that allow residents to own their home but lease the land, reducing costs • Rent-to-own approaches in which a portion of an occupant’s rent is used to build equity, which can be used as a down payment on their current unit or another market unit in the future • Models where the equity gain is shared between the homeowner and the non-profit provider, such that the non-profit will always be able to buy the home back and sell it to another qualified buyer, thus retaining the home’s affordability from one homeowner to the next. Proponents of these models identified barriers that thwart progress in implementing new solutions. • The Planning Act limits land leases to a maximum of 21 years. This provision prevents home buyers from accessing the same type of mortgages from a bank or credit union that are available to them when they buy through traditional homeownership. • The Perpetuities Act has a similar 21-year limit on any options placed on land. This limits innovative non-profit models from using equity formulas for re-sale and repurchase of homes. • Land Transfer Tax (LTT) is charged each time a home is sold and is collected by the province; and in Toronto, this tax is also collected by the City. This creates a double-tax in rent-to-own/equity building models where LTT ends up being paid first by the home equity organization and then by the occupant when they are able to buy the unit. • HST is charged based on the market value of the home. In shared equity models where the homeowner neither owns nor gains from the shared equity portion of their home, HST on the shared equity portion of the home simply reduces affordability. • Residential mortgages are highly regulated by the federal government and reflective of traditional homeownership. Modifications in regulations may be required to adapt to new co-ownership and other models. The Task Force encourages the Ontario government to devote further attention to avenues to support new homeownership options. As a starting point, the Task Force offers the following recommendations: 38. Amend the Planning Act and Perpetuities Act to extend the maximum period for land leases and restrictive covenants on land to 40 or more years. 39. Eliminate or reduce tax disincentives to housing growth. 40. Call on the Federal Government to implement an Urban, Rural and Northern Indigenous Housing Strategy. 41. Funding for pilot projects that create innovative pathways to homeownership, for Black, Indigenous, and marginalized people and first-generation homeowners. 42. Provide provincial and federal loan guarantees for purpose-built rental, affordable rental and affordable ownership projects. Page 31 of 60 Page 297 of 345 Report of the Ontario Housing Affordability Task Force | 22 Support and incentivize scaling up housing supply Our goal of building 1.5 million homes in ten years means doubling how many homes Ontario creates each year. As much as the Task Force’s recommendations will remove barriers to realizing this ambitious goal, we also need to ensure we have the capacity across Ontario’s communities to deliver this new housing supply. This includes capacity of our housing infrastructure, capacity within our municipal planning teams, and boots on the ground with the skills to build new homes. There is much to be done and the price of failure for the people of Ontario is high. This is why the provincial government must make an unwavering commitment to keeping the spotlight on housing supply. This is also why the province must be dogged in its determination to galvanize and align efforts and incentives across all levels of government so that working together, we all can get the job done. Our final set of recommendations turns to these issues of capacity to deliver, and the role the provincial government can play in putting the incentives and alignment in place to achieve the 1.5 million home goal. Invest in municipal infrastructure Housing can’t get built without water, sewage, and other infrastructure When the Task Force met with municipal leaders, they emphasized how much future housing supply relies on having the water, storm water and wastewater systems, roads, sidewalks, fire stations, and all the other parts of community infrastructure to support new homes and new residents. Infrastructure is essential where housing is being built for the first time. And, it can be a factor in intensification when added density exceeds the capacity of existing infrastructure, one of the reasons we urge new infrastructure in new developments to be designed for future capacity. In Ontario, there are multiple municipalities where the number one barrier to approving new housing projects is a lack of infrastructure to support them. Municipalities face a myriad of challenges in getting this infrastructure in place. Often, infrastructure investments are required long before new projects are approved and funding must be secured. Notwithstanding the burden development charges place on the price of new housing, most municipalities report that development charges are still not enough to fully cover the costs of building new infrastructure and retrofitting existing infrastructure in neighbourhoods that are intensifying. Often infrastructure crosses municipal boundaries creating complicated and time-consuming “who pays?” questions. Municipal leaders also shared their frustrations with situations where new housing projects are approved and water, sewage and other infrastructure capacity is allocated to the project – only to have the developer land bank the project and put off building. Environmental considerations with new infrastructure add further cost and complexity. The Task Force recommends: 43. Enable municipalities, subject to adverse external economic events, to withdraw infrastructure allocations from any permitted projects where construction has not been initiated within three years of build permits being issued. 44. Work with municipalities to develop and implement a municipal services corporation utility model for water and wastewater under which the municipal corporation would borrow and amortize costs among customers instead of using development charges. Page 32 of 60 Page 298 of 345 Report of the Ontario Housing Affordability Task Force | 23 Create the Labour Force to meet the housing supply need The labour force is shrinking in many segments of the market You can’t start to build housing without infrastructure. You can’t build it without people – skilled trades people in every community who can build the homes we need. The concern that we are already facing a shortage in skilled trades came through loud and clear in our consultations. We heard from many sources that our education system funnels young people to university rather than colleges or apprenticeships and creates the perception that careers in the skilled trades are of less value. Unions and builders are working to fill the pipeline domestically and recruit internationally, but mass retirements are making it challenging to maintain the workforce at its current level, let alone increase it. Increased economic immigration could ease this bottleneck, but it appears difficult for a skilled labourer with no Canadian work experience to qualify under Ontario’s rules. Moreover, Canada’s immigration policies also favour university education over skills our economy and society desperately need. We ought to be welcoming immigrants with the skills needed to build roads and houses that will accommodate our growing population. The shortage may be less acute, however, among smaller developers and contractors that could renovate and build new “missing middle” homes arising from the changes in neighbourhood zoning described earlier. These smaller companies tap into a different workforce from the one needed to build high rises and new subdivisions. Nonetheless, 1.5 million more homes will require a major investment in attracting and developing the skilled trades workforce to deliver this critically needed housing supply. We recommend: 45. Improve funding for colleges, trade schools, and apprenticeships; encourage and incentivize municipalities, unions and employers to provide more on-the-job training. 46. Undertake multi-stakeholder education program to promote skilled trades. 47. Recommend that the federal and provincial government prioritize skilled trades and adjust the immigration points system to strongly favour needed trades and expedite immigration status for these workers, and encourage the federal government to increase from 9,000 to 20,000 the number of immigrants admitted through Ontario’s program. Create a large Ontario Housing Delivery Fund to align efforts and incent new housing supply Build alignment between governments to enable builders to deliver more homes than ever before All levels of government play a role in housing. The federal government sets immigration policy, which has a major impact on population growth and many tax policies. The province sets the framework for planning, approvals, and growth that municipalities rely upon, and is responsible for many other areas that touch on housing supply, like investing in highways and transit, training workers, the building code and protecting the environment. Municipalities are on the front lines, expected to translate the impacts of federal immigration policy, provincial guidance and other factors, some very localized, into official plans and the overall process through which homes are approved to be built. The efficiency with which home builders can build, whether for-profit or non-profit, is influenced by policies and decisions at every level of government. In turn, how many home developers can deliver, and at what cost, translates directly into the availability of homes that Ontarians can afford. Page 33 of 60 Page 299 of 345 Report of the Ontario Housing Affordability Task Force | 24 Collectively, governments have not been sufficiently aligned in their efforts to provide the frameworks and incentives that meet the broad spectrum of housing needs in Ontario. Much action, though, has been taken in recent years. • The Ontario government has taken several steps to make it easier to build additional suites in your own home: reduced disincentives to building rental housing, improved the appeal process, focused on density around transit stations, made upfront development charges more predictable, and provided options for municipalities to create community benefits through development. • The federal government has launched the National Housing Strategy and committed over $70 billion in funding.[26] Most recently, it has announced a $4 billion Housing Accelerator Fund aimed at helping municipalities remove barriers to building housing more quickly.[27] • Municipalities have been looking at ways to change outdated processes, rules, and ways of thinking that create delays and increases costs of delivering homes. Several municipalities have taken initial steps towards eliminating exclusionary zoning and addressing other barriers described in this report. All governments agree that we are facing a housing crisis. Now we must turn the sense of urgency into action and alignment across governments. Mirror policy changes with financial incentives aligned across governments The policy recommendations in this report will go a long way to align efforts and position builders to deliver more homes. Having the capacity in our communities to build these homes will take more than policy. It will take money. Rewarding municipalities that meet housing growth and approval timelines will help them to invest in system upgrades, hire additional staff, and invest in their communities. Similarly, municipalities that resist new housing, succumb to NIMBY pressure, and close off their neighbourhoods should see funding reductions. Fixing the housing crisis is a societal responsibility, and our limited tax dollars should be directed to those municipalities making the difficult but necessary choices to grow housing supply. In late January 2022, the provincial government announced $45 million for a new Streamline Development Approval Fund to “unlock housing supply by cutting red tape and improving processes for residential and industrial developments”.[28] This is encouraging. More is needed. Ontario should also receive its fair share of federal funding but today faces a shortfall of almost $500 million,[29] despite two thirds of the Canadian housing shortage being in Ontario. We call on the federal government to address this funding gap. 48. The Ontario government should establish a large “Ontario Housing Delivery Fund” and encourage the federal government to match funding. This fund should reward: a) Annual housing growth that meets or exceeds provincial targets b) Reductions in total approval times for new housing c) The speedy removal of exclusionary zoning practices 49. Reductions in funding to municipalities that fail to meet provincial housing growth and approval timeline targets. We believe that the province should consider partial grants to subsidize municipalities that waive development charges for affordable housing and for purpose-built rental. Sustain focus, measure, monitor, improve Digitize and modernize the approvals and planning process Some large municipalities have moved to electronic tracking of development applications and/or electronic building permits (“e-permits”) and report promising results, but there is no consistency and many smaller places don’t have the capacity to make the change. Municipalities, the provincial government and agencies use different systems to collect data and information relevant to housing approvals, which slows down processes and leaves much of the “big picture” blank. This could be addressed by ensuring uniform data architecture standards. Improve the quality of our housing data to inform decision making Having accurate data is key to understanding any challenge and making the best decisions in response. The Task Force heard from multiple housing experts that we are not always using the best data, and we do not always have the data we need. Page 34 of 60 Page 300 of 345 Report of the Ontario Housing Affordability Task Force | 25 Having good population forecasts is essential in each municipality as they develop plans to meet future land and housing needs. Yet, we heard many concerns about inconsistent approaches to population forecasts. In the Greater Golden Horseshoe, the forecast provided to municipalities by the province is updated only when the Growth Plan is updated, generally every seven years; but federal immigration policy, which is a key driver of growth, changes much more frequently. The provincial Ministry of Finance produces a population forecast on a more regular basis than the Growth Plan, but these are not used consistently across municipalities or even by other provincial ministries. Population forecasts get translated into housing need in different ways across the province, and there is a lack of data about how (or whether) the need will be met. Others pointed to the inconsistent availability of land inventories. Another challenge is the lack of information on how much land is permitted and how much housing is actually getting built once permitted, and how fast. The Task Force also heard that, although the Provincial Policy Statement requires municipalities to maintain a three-year supply of short-term (build-ready) land and report it each year to the province, many municipalities are not meeting that requirement.[30] At a provincial and municipal level, we need better data on the housing we have today, housing needed to close the gap, consistent projections of what we need in the future, and data on how we are doing at keeping up. Improved data will help anticipate local and provincial supply bottlenecks and constraints, making it easier to determine the appropriate level and degree of response. It will also be important to have better data to assess how much new housing stock is becoming available to groups that have been disproportionately excluded from home ownership and rental housing. Put eyes on the crisis and change the conversation around housing Ours is not the first attempt to “fix the housing system”. There have been efforts for years to tackle increasing housing prices and find solutions so everyone in Ontario can find and afford the housing they need. This time must be different. The recommendations in this report must receive sustained attention, results must be monitored, significant financial investment by all levels of government must be made. And, the people of Ontario must embrace a housing landscape in which the housing needs of tomorrow’s citizens and those who have been left behind are given equal weight to the housing advantages of those who are already well established in homes that they own. 50. Fund the adoption of consistent municipal e-permitting systems and encourage the federal government to match funding. Fund the development of common data architecture standards across municipalities and provincial agencies and require municipalities to provide their zoning bylaws with open data standards. Set an implementation goal of 2025 and make funding conditional on established targets. 51. Require municipalities and the provincial government to use the Ministry of Finance population projections as the basis for housing need analysis and related land use requirements. 52. Resume reporting on housing data and require consistent municipal reporting, enforcing compliance as a requirement for accessing programs under the Ontario Housing Delivery Fund. 53. Report each year at the municipal and provincial level on any gap between demand and supply by housing type and location, and make underlying data freely available to the public. 54. Empower the Deputy Minister of Municipal Affairs and Housing to lead an all-of-government committee, including key provincial ministries and agencies, that meets weekly to ensure our remaining recommendations and any other productive ideas are implemented. 55. Commit to evaluate these recommendations for the next three years with public reporting on progress. Page 35 of 60 Page 301 of 345 Report of the Ontario Housing Affordability Task Force | 26 Conclusion We have set a bold goal for Ontario: building 1.5 million homes in the next 10 years. We believe this can be done. What struck us was that everyone we talked to – builders, housing advocates, elected officials, planners – understands the need to act now. As one long-time industry participant said, “for the first time in memory, everyone is aligned, and we need to take advantage of that.” Such unity of purpose is rare, but powerful. To leverage that power, we offer solutions that are bold but workable, backed by evidence, and that position Ontario for the future. Our recommendations focus on ramping up the supply of housing. Measures are already in place to try to cool demand, but they will not fill Ontario’s housing need. More supply is key. Building more homes will reduce the competition for our scarce supply of homes and will give Ontarians more housing choices. It will improve housing affordability across the board. Everyone wants more Ontarians to have housing. So let’s get to work to build more housing in Ontario. Page 36 of 60 Page 302 of 345 Report of the Ontario Housing Affordability Task Force | 27 APPENDIX A:Biographies of Task Force Members Lalit Aggarwal is President of Manor Park Holdings, a real estate development and operating company active in Eastern Ontario. Previously, Lalit was an investor for institutional fund management firms, such as H.I.G. European Capital Partners, Soros Fund Management, and Goldman Sachs. He is a past fellow of the C.D. Howe Institute and a former Director of both Bridgepoint Health and the Centre for the Commercialization of Regenerative Medicine. Lalit holds degrees from the University of Oxford and the University of Pennsylvania. He is also a current Director of the Hospital for Sick Children Foundation, the Sterling Hall School and the Chair of the Alcohol & Gaming Commission of Ontario. David Amborski is a professional Urban Planner, Professor at Ryerson University’s School of Urban and Regional Planning and the founding Director of the Centre for Urban Research and Land Development (CUR). His research and consulting work explore topics where urban planning interfaces with economics, including land and housing markets. He is an academic advisor to the National Executive Forum on Public Property, and he is a member of Lambda Alpha (Honorary Land Economics Society). He has undertaken consulting for the Federal, Provincial and a range of municipal governments. Internationally, he has undertaken work for the Canadian International Development Agency (CIDA), the World Bank, the Inter-American Development Bank, the Lincoln Institute of Land Policy, and several other organizations in Eastern Europe, Latin America, South Africa, and Asia. He also serves on the editorial boards of several international academic journals. Andrew Garrett is a real estate executive responsible for growing IMCO’s $11+ Billion Global Real Estate portfolio to secure public pensions and insurance for Ontario families. IMCO is the only Ontario fund manager purpose built to onboard public clients such as pensions, insurance, municipal reserve funds, and endowments. Andrew has significant non-profit sector experience founding a B Corp certified social enterprise called WeBuild to help incubate social purpose real estate projects. He currently volunteers on non-profit boards supporting social purpose real estate projects, youth programs and the visual arts at Art Gallery of Ontario. Andrew sits on board advisory committees for private equity firms and holds a Global Executive MBA from Kellogg School Management and a Real Estate Development Certification from MIT Centre for Real Estate. Tim Hudak is the CEO of the Ontario Real Estate Association (OREA). With a passion and voice for championing the dream of home ownership, Tim came to OREA following a distinguished 21-year career in politics, including five years as Leader of the Progressive Conservative Party of Ontario. In his role, Tim has focused on transforming OREA into Ontario’s most cutting-edge professional association at the forefront of advocacy on behalf of REALTORS® and consumers, and providing world-class conferences, standard forms, leadership training and professional guidance to its Members. As part of his work at OREA, Tim was named one of the most powerful people in North American residential real estate by Swanepoel Power 200 for the last five years. Tim is married to Deb Hutton, and together they have two daughters, Miller and Maitland. In his spare time, Tim enjoys trails less taken on his mountain bike or hiking shoes as well as grilling outdoors. Jake Lawrence was appointed Chief Executive Officer and Group Head, Global Banking and Markets in January 2021. In this role, Jake is responsible for the Bank’s Global Banking and Markets business line and strategy across its global footprint. Jake joined Scotiabank in 2002 and has held progressively senior roles in Finance, Group Treasury and Global Banking and Markets. From December 2018 to January 2021, Jake was Co-Group Head of Global Banking and Markets with specific responsibility for its Capital Markets businesses, focused on building alignment across product groups and priority markets to best serve our clients throughout our global footprint. Previously, Jake was Executive Vice President and Head of Global Banking and Markets in the U.S., providing overall strategic direction and execution of Scotiabank’s U.S. businesses. Prior to moving into GBM, Jake served as Senior Vice President and Deputy Treasurer, responsible for Scotiabank’s wholesale funding activities and liquidity management as well as Senior Vice President, Investor Relations. Page 37 of 60 Page 303 of 345 Report of the Ontario Housing Affordability Task Force | 28 Julie Di Lorenzo (GPLLM, University of Toronto 2020), is self-employed since 1982, operates one of the largest female-run Real Estate Development Companies in North America. She was instrumental in the Daniel Burnham award-winning Ontario Growth Management Plan (2004) as President of BILD. Julie served as the first female-owner President of GTHBA (BILD) and on the boards of the Ontario Science Centre, Harbourfront Toronto, Tarion (ONHWP), St. Michael’s Hospital, NEXT36, Waterfront Toronto, Chair of IREC Committee WT, Havergal College (Co-Chair of Facilities), York School (interim Vice-Chair), and Canadian Civil Liberties Association Board. Julie has served various governments in advisory capacity on Women’s issues, Economic Development, Innovation and Entrepreneurship. Awards include Lifetime Achievement BILD 2017, ICCO Business Excellence 2005 & ICCO Businesswoman of the Year 2021. Justin Marchand (CIHCM, CPA, CMA, BComm) is Métis and was appointed Chief Executive Officer of Ontario Aboriginal Housing Services (OAHS) in 2018. Justin has over 20 years of progressive experience in a broad range of sectors, including two publicly listed corporations, a large accounting and consulting firm, and a major crown corporation, and holds numerous designations across financial, operations, and housing disciplines. He was most recently selected as Chair of the Canadian Housing and Renewal Association’s (CHRA’s) Indigenous Caucus Working Group and is also board member for CHRA. Justin is also an active board member for both the Coalition of Hamilton Indigenous Leadership (CHIL) as well as Shingwauk Kinoomaage Gamig, located in Bawaating. Justin believes that Housing is a fundamental human right and that when Indigenous people have access to safe, affordable, and culture-based Housing this provides the opportunity to improve other areas of their lives. Ene Underwood is CEO of Habitat for Humanity Greater Toronto Area), a non-profit housing developer that helps working, lower income families build strength, stability and self-reliance through affordable homeownership. Homes are delivered through a combination of volunteer builds, contractor builds, and partnerships with non-profit and for-profit developers. Ene’s career began in the private sector as a strategy consultant with McKinsey & Company before transitioning to not-for-profit sector leadership. Ene holds a Bachelor of Arts (Honours) from the University of Waterloo and a Master of Business Administration from Ivey Business School. Dave Wilkes is the President and CEO of the Building Industry and Land Development Association of the GTA (BILD). The Association has 1,300 members and proudly represents builders, developers, professional renovators and those who support the industry. Dave is committed to supporting volunteer boards and organizations. He has previously served on the George Brown College Board of Directors, Ontario Curling Association, and is currently engaged with Black North Initiative (Housing Committee) and R-Labs I+T Council. Dave received his Bachelor of Arts (Applied Geography) from Ryerson. Page 38 of 60 Page 304 of 345 Report of the Ontario Housing Affordability Task Force | 29 APPENDIX B:Affordable Housing Ontario’s affordable housing shortfall was raised in almost every conversation. With rapidly rising prices, more lower-priced market rental units are being converted into housing far out of reach of lower-income households. In parallel, higher costs to deliver housing and limited government funding have resulted in a net decrease in the number of affordable housing units run by non-profits. The result is untenable: more people need affordable housing after being displaced from the market at the very time that affordable supply is shrinking. Throughout our consultations, we were reminded of the housing inequities experienced by Black, Indigenous and marginalized people. We also received submissions describing the unique challenges faced by off-reserve Indigenous Peoples both in the province’s urban centres and in the north. While many of the changes that will help deliver market housing will also help make it easier to deliver affordable housing, affordable housing is a societal responsibility. We cannot rely exclusively on for-profit developers nor on increases in the supply of market housing to fully solve the problem. The non-profit housing sector faces all the same barriers, fees, risks and complexities outlined in this report as for-profit builders. Several participants from the non-profit sector referred to current or future partnerships with for-profit developers that tap into the development and construction expertise and efficiencies of the private sector. Successful examples of leveraging such partnerships were cited with Indigenous housing, supportive housing, and affordable homeownership. We were also reminded by program participants that, while partnerships with for-profit developers can be very impactful, non-profit providers have unique competencies in the actual delivery of affordable housing. This includes confirming eligibility of affordable housing applicants, supporting independence of occupants of affordable housing, and ensuring affordable housing units remain affordable from one occupant to the next. One avenue for delivering more affordable housing that has received much recent attention is inclusionary zoning. In simple terms, inclusionary zoning (IZ) requires developers to deliver a share of affordable units in new housing developments in prescribed areas. The previous Ontario government passed legislation in April 2018 providing a framework within which municipalities could enact Inclusionary Zoning bylaws. Ontario’s first inclusionary zoning policy was introduced in fall 2021 by the City of Toronto and applies to major transit station areas. Internationally, inclusionary zoning has been used successfully to incentivize developers to create new affordable housing by providing density bonuses (more units than they would normally be allowed, if some are affordable) or reductions in government fees. Unfortunately, the City’s approach did not include any incentives or bonuses. Instead, Toronto requires market-rate fees and charges for below-market affordable units. This absence of incentives together with lack of clarity on the overall density that will be approved for projects has led developers and some housing advocates to claim that these projects may be uneconomic and thus will not get financed or built. Municipalities shared with us their concerns regarding the restriction in the provincial IZ legislation that prohibits “cash in lieu” payments. Municipalities advised that having the option of accepting the equivalent value of IZ units in cash from the developer would enable even greater impact in some circumstances (for example, a luxury building in an expensive neighbourhood, where the cost of living is too high for a low-income resident). Funding for affordable housing is the responsibility of all levels of government. The federal government has committed to large funding transfers to the provinces to support affordable housing. The Task Force heard, however, that Ontario’s share of this funding does not reflect our proportionate affordable housing needs. This, in turn, creates further financial pressure on both the province and municipalities, which further exacerbates the affordable housing shortages in Ontario’s communities. Page 39 of 60 Page 305 of 345 Report of the Ontario Housing Affordability Task Force | 30 Finally, many participants in Task Force consultations pointed to surplus government lands as an avenue for building more affordable housing and this is discussed in Appendix C. We have made recommendations throughout the report intended to have a positive impact on new affordable housing supply. We offer these additional recommendations specific to affordable housing: • Call upon the federal government to provide equitable affordable housing funding to Ontario. • Develop and legislate a clear, province-wide definition of “affordable housing” to create certainty and predictability. • Create an Affordable Housing Trust from a portion of Land Transfer Tax Revenue (i.e., the windfall resulting from property price appreciation) to be used in partnership with developers, non-profits, and municipalities in the creation of more affordable housing units. This Trust should create incentives for projects serving and brought forward by Black- and Indigenous-led developers and marginalized groups. • Amend legislation to: • Allow cash-in-lieu payments for Inclusive Zoning units at the discretion of the municipality. • Require that municipalities utilize density bonusing or other incentives in all Inclusionary Zoning and Affordable Housing policies that apply to market housing. • Permit municipalities that have not passed Inclusionary Zoning policies to offer incentives and bonuses for affordable housing units. • Encourage government to closely monitor the effectiveness of Inclusionary Zoning policy in creating new affordable housing and to explore alternative funding methods that are predictable, consistent and transparent as a more viable alternative option to Inclusionary Zoning policies in the provision of affordable housing. • Rebate MPAC market rate property tax assessment on below-market affordable homes. Page 40 of 60 Page 306 of 345 Report of the Ontario Housing Affordability Task Force | 31 APPENDIX C:Government Surplus Land Surplus government lands fell outside the mandate of the Task Force. However, this question came up repeatedly as a solution to housing supply. While we take no view on the disposition of specific parcels of land, several stakeholders raised issues that we believe merit consideration: • Review surplus lands and accelerate the sale and development through RFP of surplus government land and surrounding land by provincially pre-zoning for density, affordable housing, and mixed or residential use. • All future government land sales, whether commercial or residential, should have an affordable housing component of at least 20%. • Purposefully upzone underdeveloped or underutilized Crown property (e.g., LCBO). • Sell Crown land and reoccupy as a tenant in a higher density building or relocate services outside of major population centres where land is considerably less expensive. • The policy priority of adding to the housing supply, including affordable units, should be reflected in the way surplus land is offered for sale, allowing bidders to structure their proposals accordingly. Page 41 of 60 Page 307 of 345 Report of the Ontario Housing Affordability Task Force | 32 APPENDIX D:Surety Bonds Moving to surety bonds would free up billions of dollars for building When a development proposal goes ahead, the developer typically needs to make site improvements, such as installing common services. The development agreement details how the developer must perform to the municipality’s satisfaction. Up until the 1980s, it was common practice for Ontario municipalities to accept bonds as financial security for subdivision agreements and site plans. Today, however, they almost exclusively require letters of credit from a chartered bank. The problem with letters of credit is that developers are often required to collateralize the letter of credit dollar-for-dollar against the value of the municipal works they are performing. Often this means developers can only afford to finance one or two housing projects at a time, constraining housing supply. The Ontario Home Builders’ Association estimates that across Ontario, billions of dollars are tied up in collateral or borrowing capacity that could be used to advance more projects. Modern “pay on demand surety bonds” are proven to provide the same benefits and security as a letter of credit, while not tying up private capital the way letters of credit do. Moving to this option would give municipalities across Ontario access to all the features of a letter of credit with the added benefit of professional underwriting, carried out by licensed bonding companies, ensuring that the developer is qualified to fulfill its obligations under the municipal agreement. Most important from a municipal perspective, the financial obligation is secured. If a problem arises, the secure bond is fully payable by the bond company on demand. Surety companies, similar to banks, are regulated by Ontario’s Office of the Superintendent of Financial Institutions to ensure they have sufficient funds in place to pay out bond claims. More widespread use of this instrument could unlock billions of dollars of private sector financial liquidity that could be used to build new infrastructure and housing projects, provide for more units in each development and accelerate the delivery of housing of all types. Page 42 of 60 Page 308 of 345 Report of the Ontario Housing Affordability Task Force | 33 References 1. Ontario Housing Market Report https://wowa.ca/ontario-housing-market 2. Global Property Guide https://www.globalpropertyguide.com/North-America/Canada/ Price-History-Archive/canadian-housing-market-strong-127030 3. National Household Survey Factsheet https://www.fin.gov.on.ca/en/economy/demographics/census/ nhshi11-6.html#:~:text=Median%20After%2Dtax%20Income%20 of,and%20British%20Columbia%20at%20%2467%2C900 4. CMHC https://www03.cmhc-schl.gc.ca/hmip-pimh/en/TableMapChart/ 5. The Globe And Mail https://www.theglobeandmail.com/business/article-black-canadians- have-some-of-the-lowest-home-ownership-rates-in-canada/ 6. Scotiabank https://www.scotiabank.com/ca/en/about/economics/ economics-publications/post.other-publications.housing. housing-note.housing-note--may-12-2021-.html 7. Scotiabank https://www.scotiabank.com/ca/en/about/economics/ economics-publications/post.other-publications.housing. housing-note.housing-note--january-12-2022-.html 8. Expert Market https://www.expertmarket.co.uk/vehicle-tracking/ best-and-worst-cities-for-commuting 9. Statista https://www.statista.com/statistics/198063/total-number-of- housing-starts-in-ontario-since-1995/ 10. Poltext https://www.poltext.org/sites/poltext.org/files/discoursV2/DB/ Ontario/ON_DB_1975_29_5.pdf 11. Toronto City Planning https://www.toronto.ca/legdocs/mmis/2021/ph/bgrd/ backgroundfile-173165.pdf 12. Federation of Rental-housing Providers of Ontario (FRPO) https://www.frpo.org/wp-content/uploads/2020/09/ Urbanation-FRPO-Ontario-Rental-Market-Report-Summer-2020.pdf 13a. Centre for Urban Research and Land Development at Ryerson University (CUR) https://www.ryerson.ca/content/dam/centre-urban-research-land- development/pdfs/CUR_Pre-Zoning_Corridor_Lands_to_a_ Higher_Density.pdf 13b. Ministry of Municipal Affairs and Housing https://www.ontario.ca/document/growth-plan-greater-golden- horseshoe/where-and-how-grow 14. More Neighbours Toronto https://www.moreneighbours.ca/ 15. The World Bank https://www.doingbusiness.org/en/data/exploretopics/ dealing-with-construction-permits 16. The Building Industry and Land Development Association (BILD) https://bildgta.ca/Assets/BILD%20Municipal%20Benchmarking%20 Study%20-%20FINAL%20-%20Sept%202020%20BILD.pdf 16b. Centre for Urban Research and Land Development at Ryerson University (CUR) https://www.ryerson.ca/content/dam/centre-urban-research-land- development/CUR_Accelerating_Housing_Supply_and_ Affordability_by_Improving_the_Land-use_Planning_System_ Nov_2021.pdf 17. Ontario Association of Architects https://oaa.on.ca/OAA/Assets/Documents/Gov.%20Initiatives/ p5727_-_site_plan_delay_study_-_oaa_site_plan_delay_study_ update_-_july_....pdf 18. Tribunals Ontario 2019-20 Annual Report https://olt.gov.on.ca/wp-content/uploads/2021/01/Tribunals_ Ontario_2019-2020_Annual_Report_EN_v2.html 19. The Building Industry and Land Development Association (BILD) https://bildgta.ca/Assets/Bild/FINAL%20-%20BILD%20-%20 Comparison%20of%20Government%20Charges%20in%20 Canada%20and%20US%20-%20Sept%2013%202019.pdf 20. The Building Industry and Land Development Association (BILD) https://bildgta.ca/Assets/FINAL%20GTA%20-%20 Development%20Charges%20-%2009%202020.pdf 21. Toronto Star https://www.thestar.com/life/homes/2018/09/01/ where-did-the-money-go-parkland-dedication-fees-should-be- used-to-build-parks-in-gta.html 22. The Building Industry and Land Development Association (BILD) https://bildgta.ca/Assets/misc/BILD%20-%20New%20 Homeowner%20Money%20Report%20-%20Oct%205%20 2021%20(002)_Redacted.pdf 23. Urbanation Inc. https://www.urbanation.ca/news/336-gta-rental-construction- surged-2021-vacancy-fell 24. Federation of Rental-housing Providers of Ontario (FRPO) https://www.frpo.org/lobby-view/cities-still-ripping-off-renters 25. Edison Financial https://edisonfinancial.ca/millennial-home-ownership-canada/ 26. Government of Canada National Housing Strategy https://www.placetocallhome.ca/what-is-the-strategy 27. CMHC https://www.cmhc-schl.gc.ca/en/media-newsroom/ news-releases/2021/housing-accelerator-fund-rent-to-own-program 28. Toronto Star https://www.thestar.com/news/gta/2022/01/19/ ford-government-announces-45-million-to-cut-red-tape-and- speed-up-applications-for-new-home-construction.html 29. Canadian Real Estate Wealth https://www.canadianrealestatemagazine.ca/news/ federal-funds-must-flow-for-housing-programs-334810.aspx 30. Centre for Urban Research and Land Development at Ryerson University (CUR) https://www.ryerson.ca/content/dam/centre-urban-research-land- development/pdfs/CUR_Submission_Proposed_Land_Needs_ Assessment_Methodology_A_Place_to_Grow_July_2020.pdf Page 43 of 60 Page 309 of 345 APPENDIX 2 1. Focus On Getting More Homes Built- Recommendations 1-2 Task Force Recommendations Impacts/Benefits-City of Niagara Falls Made In Niagara Suggestions 1.Set a goal of building 1.5 million new homes in ten years. Increased development and increase in population. Benefits- Increased tax dollars, utilization of existing infrastructure more to share the infrastructure cost burdens, more commercial developments, more housing. Impacts- Increase demand for more services, additional traffic, increased concerns from residents about compatibility, Growth should be based on Region of Niagara’s growth allocations by municipality and each municipality should be required to plan where their growth should go. 2.Amend Planning documents to set full spectrum housing growth and intensification within existing built-up areas as the most important residential housing priorities in the mandate and purpose. Impact on existing residents who generally like to see like development with like development. Benefits better communities and efficient utilization of existing services. And will benefit currently underutilized, underdeveloped areas. Supported by staff 2. Making Land Available to Build- Recommendations 3-18 Task Force Recommendations Impacts/Benefits-City of Niagara Falls Made In Niagara Suggestions Page 44 of 60Page 310 of 345 3. Limit exclusionary zoning in municipalities through binding provincial action: a. Allow “as of right” residential housing up to four units and up to four storeys on a single residential lot. b. Modernize the Building Code and other policies to remove any barriers to affordable construction and to ensure meaningful implementation This will change existing neighbourhoods significantly. Impacts to existing services and the impacts to the local road network. The City’s infrastructure may not be able to handle the increased density, creating a need for unplanned upgrades to systems. b) No impacts Allow intensification of up to 4 units without increasing height to 4 storeys in low density areas – provide for increased units within existing height regime (with some flexibility) to reflect neighbourhood character suitable for the municipality. This will allow more gradual intensification such as permitting 4-6 storeys as you get to the collector and minor arterial road system and then to the 6-11 storeys or more on major arterials which can then be planned to support more intense transit ridership Niagara. 4. Permit “as of right” conversion of underutilized or redundant commercial properties to residential or mixed residential and commercial use. This would permit underutilized commercial properties to redevelop to a more sustainable use. For example, some commercial areas along Lundy’s lane where an abundance of commercial lands would benefit from an influx of residential units. The City of Niagara Falls currently has policies within its Tourist Commercial designation to permit residential use to assist in the creation of complete communities. Benefits –intensify area that are used to larger volumes of traffic. Suggest that the government permit as of right conversions to residential provided that a certain percentage of commercial lands is available for future economic growth in each community/node or alternatively they only permit the conversion to mixed use to ensure that commercial services are still available for these new residents. This will ensure the developments that are created help to build a complete community. The province would also need to define how it will be determined that commercial land is redundant or underutilized. Page 45 of 60Page 311 of 345 Impacts-Compatibility would need to be determined based on the past use of the site. This recommendation is supported by staff with the above noted suggestions or considerations. 5.Permit “as of right” secondary suites, garden suites, and laneway houses province-wide This would allow gentle intensification in low density neighbourhoods. This is the type of intensification that should occur in areas outside collector or arterial roadways. Currently the City does allow accessory dwelling units but one of the dwellings on the property must be owner occupied. This is supported by staff and provides appropriate low intensification options in low density neighbourhoods. 6.Permit “as of right” multi-tenant housing (renting rooms within a dwelling) province-wide. This would intensify existing neighbourhoods but would not significantly change the outward appearance. Some impacts that could result would be increased on street parking. This is not in line with the City’s historical position on boarding houses that these are not permitted as of right in residential areas. In Niagara, this does occur in university and college Towns and number of negative impacts such as garbage, noise, parking etc. has occurred. This should be permitted as of right only in owner occupied dwellings to assist in mitigating impacts. In Niagara Falls ‘motels’ provide temporary housing for those without housing, and creates absentee landlord issues with lack of heat, infestation and other issues that don’t meet Fire or Building Codes. 7.Encourage and incentivize municipalities to increase density in areas with excess school capacity to benefit families with children In Niagara Falls school’s generally operate over capacity. There are five schools that are underutilized- less than 65%, 3 in the public school board and 2 in the catholic school board. These schools are: Victoria, Simcoe Street and John Marshall and St.Patrick and St.Mary. Schools could be considered as opportunities for mixed use or affordable housing above to facilitate additional enrollment. The majority of these school sites would be on collector and arterial roadways and an Page 46 of 60Page 312 of 345 increase in density in these areas could be supported. The Province should consider giving municipalities surplus school sites to accommodate affordable/attainable housing projects rather than requiring municipalities to pay for them. 8.Allow “as of right” zoning up to unlimited height and unlimited density in the immediate proximity of individual major transit stations within two years if municipal zoning remains insufficient to meet provincial density targets. The City has identified provincial density targets (150 residents and job per ha.) in the Go Transit downtown area. Staff is supportive of this recommendation as it support transit ridership for major transit station areas and is good planning. 9.Allow “as of right” zoning of six to 11 storeys with no minimum parking requirements on any streets utilized by public transit. This will significantly impact low density areas as our bus routes go through a number of low-level low-density neighbourhoods This should not be permitted as of right along public transit routes in Niagara. This level of intensification is best suited for collector, arterial roads and lots closer to public amenities and transit. These roads have the ability to adequately service the additional density as they can handle additional traffic loads and larger services pipes to accommodate the demand. Intensification corridors should be planned over the next two years to achieve the needed density. These should be identified by each of the 12 municipalities over the Page 47 of 60Page 313 of 345 next two years as part of Official Plan updates. A made in Niagara solution needs to be considered for this approach to work as the transit services and other necessary commercial services are not yet adequate to provide no parking with these densities. 10.Designate or rezone as mixed commercial and residential use all land along transit corridors. The City does permit in TC, GC mixed use development or residential developments. All transit corridors will permit these types of development in low density areas. This will impact areas with limited transit and with limited amenities. Mixed use/residential is best suited along identified municipal corridors. 11.Support responsible housing growth on undeveloped land, including outside existing municipal boundaries, by building necessary infrastructure to support higher density housing and complete communities . This contributes to urban sprawl and leads to unplanned growth. The City would have difficultly planning for servicing for the long term if development is permitted everywhere. The current approach to identify additional lands to accommodate the allocated growth is adequate and does not lead to unbridled growth anywhere outside the urban area. Any urban boundary expansions should be tied to requirements for complete communities and specific increased densities. What is considered reasonable and how is reconciled with intensification and utilization of existing infrastructure and the protection of agricultural land. Page 48 of 60Page 314 of 345 12.Create a more permissive land use, planning, and approvals system: a. Repeal or override municipal policies, zoning, or plans that prioritize the preservation of physical character of neighbourhood b. Exempt from site plan approval and public consultation all projects of 10 units or less that conform to the Official Plan and require only minor variances c. Establish province-wide zoning standards, or prohibitions, for minimum lot sizes, maximum building setbacks, minimum heights, angular planes, shadow rules, front doors, building depth, landscaping, floor space index, and heritage view cones, and planes; restore pre-2006 site plan exclusions (colour, texture, and type of materials, window details, etc.) to the Planning Act and reduce or eliminate minimum parking requirements; and d. Remove any floorplate restrictions to allow larger, more efficient high-density towers Density can be accomplished without impact to existing character. Site Plan controls things such as garbage locations, lighting, turning radi etc. This is fundamental to planning efficient spaces. This will impact the City and could result in places that create light overspill, lack of landscaping or garbage. Poor urban design creates spaces where people do not want to live. Site Plan also can be used to require landscaping that can be advantageous in addressing climate change issues. The City’s future OP policies should promote multiple residential forms in all residential areas with consideration given to massing, shadowing, etc. This is supported as it provides additional density but mitigates impact. b. A minor site plan approval process should be established to check plans for basic things such as garbage pick up, turning radi, etc. This will expedite the process but not create poor developments. c and d. Province should not remove policies relating to good urban design as this will create block buildings and will diminish a sense of place and pride. Province should put in consistent and standardized design standards if this is a major issue to obtaining affordable housing or faster housing. 13.Limit municipalities from requesting or hosting additional public meetings beyond those that are required under the Planning Act. This approach will limit the ability to solve and find solutions to development issues raised. The province should consider one open house for each type of planning application to allow the residents face time with developers to raise concerns. Page 49 of 60Page 315 of 345 14.Require that public consultations provide digital participation options. Due to the pandemic this is currently standard practice at the City. Consultants prefer the digital open houses & the ability to attend open houses/public meetings remotely. There are more people from the public that attend these meeting as they are more accessible. There is no impact to the City. Support recommendations. 15.Require mandatory delegation of site plan approvals and minor variances to staff or pre-approved qualified third-party technical consultants through a simplified review and approval process, without the ability to withdraw Council’s delegation. The City of Niagara Falls already has staff delegated the authority for site plans so there is no impact. Delegation of Minor Variances will speed up the process and allow staff to make decisions on these minor applications. Support recommendations 16.Prevent abuse of the heritage preservation and designation process by: a. Prohibiting the use of bulk listing on municipal heritage registers b. Prohibiting reactive heritage designations after a Planning Act development application has been filed Point a is agreed to by staff and the City will not bring forward bulk designations. b. could lead into more early forced designations to protect what is valuable. In Niagara Falls, if the owner disagrees with designation it isn’t done. This recommendation could cause us to lose more of our heritage. Heritage designation should be based on merit on whether the structure has significant heritage value. The province should provide key criteria to determine what would qualify as having significant heritage value. 17. Requiring municipalities to compensate property owners for loss of property value as a result of heritage This will impact the financials of the City and the City should not have to pay for what is in the public good. Recommend that if this is put in place it is only in place for forced designations not voluntary. Alternatively, the province could consider new criteria and parameters on what needs to be protected just the shell or Page 50 of 60Page 316 of 345 designations, based on the principle of best economic use of land. certain components of the interior or only significant buildings vetted through the province. The Province should also identify what parameters and proof is needed to support the claim of ‘loss of property value’ as in the past this has been shown not to be the case, 18.Restore the right of developers to appeal Official Plans and Municipal Comprehensive Reviews. This approach limits appeals to just developers and this right should be given to any person or municipality. Recommendation permit appeals by all with merit only, must show how it does not meet provincial policy. Appeals without merit should be dismissed or penalized. This is contrary to the achievement of intensification, housing, and employment targets in a timely fashion. 3. Cut the red tape so we can build faster and reduce costs- Recommendations 19-31 Task Force Recommendations Impacts/Benefits-City of Niagara Falls Made In Niagara Suggestions 19.Legislate timelines at each stage of the provincial and municipal review process, including site plan, minor variance, and deem an application approved if the legislated response time is exceeded. Impacts to ensure adequate staffing are in place to meet timeframes. If timelines are not met this could impact the quality of development and lead to future municipal issues ie poor drainage, poor design, lack of garbage facilities etc. This could result in an intentional flood of applications that would overwhelm Recommend timelines that are realistic and ensure the talent pool is available to accommodate the demand prior to putting this recommendation in place. A better, more streamlined process for minor applications may free up Staff time to consider more complicated proposals under the current Planning Act timelines. Page 51 of 60Page 317 of 345 Municipal resources and lead to the concerns above. 20.Fund the creation of “approvals facilitators” with the authority to quickly resolve conflicts among municipal and/or provincial authorities and ensure timelines are met. Impacts-Not clear on where the position would reside. A good initiative. Staff support this initiative to resolve conflicts quickly. 21.Require a pre-consultation with all relevant parties at which the municipality sets out a binding list that defines what constitutes a complete application; confirms the number of consultations established in the previous recommendations; and clarifies that if a member of a regulated profession such as a professional engineer has stamped an application, the municipality has no liability, and no additional stamp is needed. This is currently being done with the exception that at times additional studies are recommended based on new information. Staffing resources will assist in ensuring pre-consultation applications are vetted in more detail and new studies are not asked for beyond preconsultation. Liability clauses should be placed into agreements to ensure professionals are accountable and liable not municipalities. Subdivision drainage for example is an agreement between the developer and the City if we blindly accept the engineers drainage plan then any drainage issue or claim should be dealt with by the professional. Province would need to ensure that these clauses are upheld in the court system as right now the decisions reflect that the municipalities have a role to play in the review of these studies. 22.Simplify planning legislation and policy documents. No detail on what is changing so difficult to determine if there will be any impacts. No recommendations 23.Create a common, province-wide definition of plan of subdivision and standard set of conditions which clarify which may be included; require the use of standard province-wide legal agreements and, where feasible, plans of subdivision. No impact standardization sets upfront expectations for the development community. The standardization should be done collaboratively with municipalities. The Niagara Region and area municipalities have been working to standardize planning application forms and everyone has been successfully working together on this. 24.Allow wood construction of up to 12 storeys. No impacts Support recommendations Page 52 of 60Page 318 of 345 25.Require municipalities to provide the option of pay on demand surety bonds and letters of credit. The City is currently working on a pilot program to accept on demand surety bonds. This pilot is based on the Hamilton model and there is limited risk to the municipality in this model. Support recommendations. Buy in should be by choice by each municipality. Province should work on showcasing those areas where the surety bonds have been successful. 26.Require appellants to promptly seek permission (“leave to appeal”) of the Tribunal and demonstrate that an appeal has merit, relying on evidence and expert reports, before it is accepted. Leave to appeals would be known earlier and would need to have merit. Support recommendations 27.Prevent abuse of process: a. Remove right of appeal for projects with at least 30% affordable housing in which units are guaranteed affordable for at least 40 years. b. Require a $10,000 filing fee for third-party appeals. c. Provide discretion to adjudicators to award full costs to the successful party in any appeal brought by a third party or by a municipality where its council has overridden a recommended staff approval. This would impact third party appeals with legitimate concerns from the public and municipal council. These appeals would be heavily penalized. Not sure this is fair and equitable. Penalties or awarding of costs for frivolous without justification appeals should be awarded more often to discourage matters coming before the board without a planning basis instead. 28.Encourage greater use of oral decisions issued the day of the hearing, with written reasons to follow, and allow those decisions to become binding the day that they are issued. Good initiative will provide decision earlier. Support recommendations 29.Where it is found that a municipality has refused an application simply to avoid a deemed approval for lack of decision, allow the Tribunal to award punitive damages. The City will need to have sufficient staff to process applications. Support recommendation but the Province needs to assist municipalities to hire qualified staff before implementing this change. Page 53 of 60Page 319 of 345 30.Provide funding to increase staffing (adjudicators and case managers), provide market-competitive salaries, outsource more matters to mediators, and set shorter time targets. Good initiative to speed up development. Support recommendations 31.In clearing the existing backlog, encourage the Tribunal to prioritize projects close to the finish line that will support housing growth and intensification as well as regional water or utility infrastructure decisions that will unlock significant housing capacity. Good initiative to speed up larger projects that will assist in making a difference to bring more housing units on stream sooner. Support recommendations 4. Reduce the cost to build, buy and rent- Recommendations 32-42 Task Force Recommendations Impacts/Benefits-City of Niagara Falls Made In Niagara Suggestions 32.Waive development charges and parkland cash-in-lieu and charge only modest connection fees for all infill residential projects up to 10 units or for any development where no new material infrastructure will be required. The City relies on DC's to fund replacement and new infrastructure projects, park development, transit etc. The City also relies on parkland cash in lieu to purchase parkland and this will be extremely important in the future with the planned intensification and due to rising land costs. The reduction in these allocations will mean more costs on the general tax payer to fund projects. The City currently provides a reduction/waiver of development Growth should pay for growth and the payment of development charges and parkland assist in providing upgrades to existing systems and rejuvenation of parklands. This recommendation is not supported by staff. Page 54 of 60Page 320 of 345 charges and cash-in-lieu of parkland for areas within approved Community Improvement Plans. 33.Waive development charges on all forms of affordable housing guaranteed to be affordable for 40 years. The City currently exempts development charges for affordable housing projects that receive funding through an agreement with Niagara Regional housing. Support recommendations 34.Prohibit interest rates on development charges higher than a municipality’s borrowing rate. No impact we have not yet established interest rates. Support recommendations 35.Regarding cash in lieu of parkland, s.37, Community Benefit Charges, and development charges: a. Provincial review of reserve levels, collections and drawdowns annually to ensure funds are being used in a timely fashion and for the intended purpose, and, where review points to a significant concern, do not allow further collection until the situation has been corrected. b. Except where allocated towards municipality-wide infrastructure projects, require municipalities to spend funds in the neighbourhoods where they were collected. However, where there’s a significant community need in a priority area of the City, allow for specific ward- to-ward allocation of unspent and unallocated reserves. Will impact the way projects are planned and additional staffing will be needed to track and allocate the dollars to specific neighbourhood projects. This should be based on the 10 year capital forecast as city staff are limited in the amount jobs that can be accomplished in any given year. The City should have to demonstrate how the reserves are to be used and in what areas over the 10 year horizon. Page 55 of 60Page 321 of 345 36.Recommend that the federal government and provincial governments update HST rebate to reflect current home prices and begin indexing the thresholds to housing prices, and that the federal government match the provincial 75% rebate and remove any clawback. No impact to the City but unless the cost savings are passed onto the home owner it will not create more affordable or attainable housing. This will not impact affordability unless the developers are capped on profit. The additional HST money needs to be of benefit to affordable housing or units. Recommendation this rebate should only apply to affordable housing. 37.Align property taxes for purpose-built rental with those of condos and low-rise homes. Good Initiative, supports rental housing Support recommendation 38.Amend the Planning Act and Perpetuities Act to extend the maximum period for land leases and restrictive covenants on land to 40 or more years. Good initiative supports longer term mortgages. Support recommendations 39.Eliminate or reduce tax disincentives to housing growth. Limited information on what tax disincentives they are referring to. Cannot support recommendation at this time until more information is provided. 40.Call on the Federal Government to implement an Urban, Rural and Northern Indigenous Housing Strategy. Good initiative support provincial goal. Support recommendations 41.Funding for pilot projects that create innovative pathways to homeownership, for Black, Indigenous,and marginalized people and first-generation homeowners. Good initiative supports where the need is the greatest. Support recommendations 42.Provide provincial and federal loan guarantees for purpose-built rental, affordable rental and affordable ownership projects. Supports affordable housing projects. Good initiative but there seems to limited uptake by developers in the current CMHC incentives and it should be analysed by the Province as to why. 5. Support and Incentivize scaling up housing supply Recommendations 43-55 Page 56 of 60Page 322 of 345 Task Force Recommendations Impacts/Benefits-City of Niagara Falls Made in Niagara Suggestions 43.Enable municipalities, subject to adverse external economic events, to withdraw infrastructure allocations from any permitted projects where construction has not been initiated within three years of build permits being issued This is currently done on a regional level. Allocation of capacity is only granted when you are ready to proceed and not part of draft plan approval. Support recommendations 44.Work with municipalities to develop and implement a municipal services corporation utility model for water and wastewater under which the municipal corporation would borrow and amortize costs among customers instead of using development charges. Impact to general taxpayers and would create a significant amount of work on the municipal side to implement. Additional staff would be needed to set up the corporation and to set up the necessary financial requirements. This corporation would need to be staffed. The province should ensure this model will provide a cost savings and makes homes more affordable. This solution seems to just add additional costs to the operation of the household which does not solve the affordability issue. 45.Improve funding for colleges, trade schools, and apprenticeships; encourage and incentivize municipalities, unions and employers to provide more on-the- job training. No impacts but financial benefits to the municipality to secure resources to complete the work needed. Support recommendations 46.Undertake multi-stakeholder education program to promote skilled trades. Benefit to future positions at the City and the construction industry. This will assist with labour shortages. Support recommendations 47.Recommend that the federal and provincial government prioritize skilled trades and adjust the immigration points system to strongly favour needed trades and expedite immigration status for these workers and encourage the federal government to increase from 9,000 to 20,000 the number of immigrants admitted through Ontario’s program. Additional pressure on providing needed housing. Support recommendations. Page 57 of 60Page 323 of 345 48.The Ontario government should establish a large “Ontario Housing Delivery Fund” and encourage the federal government to match funding. This fund should reward a. Annual housing growth that meets or exceeds provincial targets b. Reductions in total approval times for new housing c. The speedy removal of exclusionary zoning practices Financial impacts to the City could be reduced depending on the level of funding from the Province and the Federal Government. Additional resources will be needed to process applications and put in place measures and policies to expedite approvals. Sufficient funding is need to offset initial costs for proper planning. Funding should cover Secondary Plan study work, servicing reviews, environmental study work etc. to remove delays and risk from developments. 49.Reductions in funding to municipalities that fail to meet provincial housing growth and approval timeline targets. This will create significant impact to the City. Firstly, the city will need to ensure they have adequate staff to process applications within the allocated time targets. Secondly, in the shorter period the City may need to plan for funding shortfalls until they can sufficiently staff the planning department to meet the requirements. The impacts will be in various departments Planning, Building and Development and Municipal Works, Need to ensure sufficient time is provided to get additional resources in place given the talent market is limited. The provincial government should release new funding models for last or second to last year students in planning, building and engineering to ensure they can do on the job training. Lack of funding may further inhibit the municipality from meeting growth and approval timeline targets over the long run. 50.Fund the adoption of consistent municipal e-permitting systems and encourage the federal government to match funding. Fund the development of common data architecture standards The City did receive funding for a municipal e-permitting system in March of 2022. Support recommendations. Page 58 of 60Page 324 of 345 across municipalities and provincial agencies and require municipalities to provide their zoning bylaws with open data standards. Set an implementation goal of 2025 and make funding conditional on established targets As both of these initiatives are funded the only impact is staffing resources to accomplish the requirements by 2025. 51.Require municipalities and the provincial government to use the Ministry of Finance population projections as the basis for housing need analysis and related land use requirements. No impact to the City. Support recommendations. 52.Resume reporting on housing data and require consistent municipal reporting, enforcing compliance as a requirement for accessing programs under the Ontario Housing Delivery Fund. No impact Support recommendations 53.Report each year at the municipal and provincial level on any gap between demand and supply by housing type and location and make underlying data freely available to the public. Impact on resources to prepare this work. Additional staffing or software may be needed. Support recommendations 54.Empower the Deputy Minister of Municipal Affairs and Housing to lead an all-of-government committee, including key provincial ministries and agencies, that meets weekly to ensure our remaining recommendations and any other productive ideas are implemented. Benefits- Committee can review and make small changes to improve the system during the transition. Municipalities should be part of the future process to ensure that recommendations can be easily implemented. 55.Commit to evaluate these recommendations for the next three years with public reporting on progress No impacts Support recommendations Page 59 of 60Page 325 of 345 Page 60 of 60Page 326 of 345 To: Mayor and Members of Council From: Alicia Subnaik Kilgour, CEO/Chief Librarian CC: Jason Burgess, CAO Bill Matson, City Clerk Date: September 25, 2023 Subject: Appointment of Member from the Community Recommendation: The Niagara Falls Public Library Board respectfully requests that Council appoint a community representative to complete the remainder of the Library Board Term. The Library Board recently passed the following motion #2023-74 on September 20th 2023 at the monthly Library Board Meeting: To recommend that the current vacancy on the Niagara Falls Public Library Board be filled by Michael Fraiman. Moved by: J. Roddy Seconded by: J. Anstruther Carried Background: After the City of Niagara Falls committee appointments were completed in the autumn of 2022, the Library Board had one vacancy remaining. Traditionally, Council has allowed the Library Board to recruit for any vacancies during the Board term. The improved recruitment process established in 2022 was followed when the Library engaged in the internal procedure to fill that vacancy in the summer of 2023. This process included a public call for applicants, a review of applications and resumes, followed by a formal panel interview and reference checks. The Library received six applications for the vacancy, and shortlisted and interviewed three candidates. All candidates interviewed were avid library users and brought a variety of skills and knowledge. Heartfelt thanks to all applicants who put their names forward to serve their community. Mr. Fraiman submitted his application to the Library for consideration during this period, and has been chosen as the top candidate by the Library’s Board Recruitment Committee. The Board Recruitment Committee brought forward the successful candidate’s name to the Library Board as a whole for endorsement. At the September 20th 2023 Library Board Meeting, the Board passed a formal Motion to recommend Michael Fraiman for appointment to fill the vacancy. Page 327 of 345 Mr. Fraiman is a journalist by training, a self-published author, and is an avid user of the Niagara Falls Public Library system. Mr. Fraiman an active member of the community, with skills in advocacy, diplomacy, and leadership. The Committee was impressed by Michael’s enthusiasm and passion for public libraries. The Library Board is very excited and thrilled and believes Mr. Fraiman’s skillset would be a welcomed addition to the Library Board. Please see Mr. Fraiman’s attached resume for reference. Conclusion: The Niagara Falls Public Library Board respectfully requests that Council appoint Mr. Fraiman, a community representative, to complete the remainder of the Library Board Term. Attachments: Application: Michael Fraiman Resume: Michael Fraiman Prepared:_____________________________________________________________________ Alicia Subnaik Kilgour, CEO/Chief Librarian Respectfully Submitted:__________________________________________________________ Alicia Subnaik Kilgour, CEO/Chief Librarian Page 328 of 345 Notice of Motion I am notifying Council of my intent to bring a motion to the next Council meeting to request: That staff bring a report to see how the City and other appropriate agencies can improve public safety in the Welland River AKAThe Chippewa Creek As we know there was a tragic death recently in the River and I believe a review of what the City can do is appropriate undertaking for this Council and the City.Page 329 of 345 PLANNING,BUILDING &DEVELOPMENT Inter-Departmental Memo To:Mayor James M.Diodati &Members of Council From:Andrew Bryce,MCIP,RPP Director,Planning and Development Date:October 3,2023 Re:Meeting to Reconsider Refusal of Official Plan Amendment 157 Fraser Street,west of Stanley Avenue and east of Fourth Avenue,north of Hamilton Street Official Plan Amendment 157 proposes to convert two subject sites of employment lands to a non—industrial use.The two sites are in the vicinity of the Gale Centre and,more specifically,are on lands centered around Fraser Street,west of Stanley Avenue and lands east of Fourth Avenue,north of Hamilton Street.For the most part,these sites contain land uses (primarily residential)that do not conform to the Industrial designation in the City’s Official Plan In response to development inquiries,staff commissioned a review of the current Industrial designation in this area to determine whether the potential conversion to a non- industrial use is appropriate and justified.These lands are currently designated Industrial as shown in the City’s Official Plan.An amendment was initiated to formally determine if the potential conversions to a non—industrialuse,(i.e.Residential)was appropriate. At its August 15”‘meeting,Council considered the attached staff report PBD—2023—47and passed a motion to refuse to approve OPA 157 as Council was of the opinion that the proposed amendment was not compatible with the surrounding area land uses. At its September 12”‘meeting,Council introduced a notice of motion to reconsider the above noted decision to refuse Official Plan Amendment (OPA 157).Through this memo staff respectfully request Council consider this motion and provide direction on how it wishes to proceed.Should Council decide to reconsider its decision on OPA No.157,a future public meeting of Council with a recommendation report will be scheduled and meeting.ABAttachment:PBD-2023-47 A Great City For Generations To ComePage 330 of 345 Nia ara PBD-2023-47Ens” CANADA Report to:Mayor and Council Date:August 15,2023 Employment Lands Conversion:Official Plan Amendment No.157 (Fraser Street,west of Stanley Avenue and lands Title: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—industria|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 No.157 to ensure new developments address land use compatibility including ProvincialD6guidelines.Background Page 1 of14Page 331 of 345 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—industrialuse 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 (primarily residential)that would not conform to the Industrial designation contained in theCity’s Official Plan.It should be noted that there are 4 active businesses (servicecommercialinnature)in this candidate site.Page 2 of 14Page 332 of 345 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 ofjobs 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 lndustrial to Residential to recognize and reflect are employment lands and not employment areas to be protected for long termemploymentuse.Employment lands have a lower level of protection and can bepotentiallyconsideredforconversionasthelandshavelimitedabilitytoaccommodatelargescaleorcontiguousemploymentusesandthattheconversionwillnotnegativelyimpacttheCity’s employment base.In addition to Provincial criteria,each candidatePage 3 of14Page 333 of 345 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). Area is located away from surrounding designated employment lands. .Area is surrounded by non—employment land uses on three sides. .Conversion would not create incompatible land uses. Conversion of the lands would not negatively impact other employment lands in the area. 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. 7”W00?” A B C D E F G H Fraser Street, West °f //w /./«w /Stanley Avenue site Fourth Avenue, ”°”h_°f //.//¢//¢ 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 period 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. this primarily residential area would create land use conflicts with nearby residential uses.This above analysis was confirmed by Watson Consulting who performed an independentassessmentofthetwocandidatesitesandconcurredthattheconversionstoanon-employment (i.e.industrial)use are appropriate and suitable from a planning andeconomicperspectiveandwouldbeconsistenttheCity’s planning objectives.Page4 of14Page 334 of 345 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 (extending from Stanley Avenue to east of the Gale Centre).These Ll 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—6Guidelines or their equivalent.The D—6Guidelines 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 while considering any new comments.Conclusion Page5 of14Page 335 of 345 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 |mp|icationslBudget 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 —Summamof 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 &Approved Development -09 Aug 2023 Jason Burgess,CAO Approved —09 Aug 2023 Page 6 of 14Page 336 of 345 APPENDIX 1 Z Location Map Niagara}-'g_I_I§ Area Affected by this Amendment Thorold'Stone .-.'-c‘-"*"~¢ "‘=,V,2O21\€JJ'1 YP\_ZnnIrv1.702'5.awx ,‘(<.\_Z'0Z7\F-If‘('JI:|c\_Zv=r\iI‘q\nf'.\1-37 7/1790“Page 7 of 14Page 337 of 345 REMOTE OPEN HOUSE —June 28,2023 @ 5pm Appendix 2 OPA #157 —EMPLOYMENT LAND CONVERSION FRASER STREET AND HAMILTON STREET SITES SUMMARY OF COMMENTS Name Submitted Comments Staff Response Staff Action Aaron Butler,0 inquired if the City has a o The City does not No action Niagara specific density target in have specific density required. Planning mind for the residential targets in mind,the Group lands and referenced lands would be the new development of Fourth Ave with a density of 100 units/ha subject to the Residential policies.A higher residential density could be considered on a site- specific basis through an Official Plan Amendment. 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 impacted by the currentnoiseandvibrationfromtheindustrialusethattheexistingresidentialisusedto Staff recognized the mapping error on the map sent out in the notice and ensured the designation change does not include the rail spur. Afuture 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. Page8of14Page 338 of 345 Marc Beaudry,o Indicated his question -Staff indicated the No action Dun-Rite about residential mapping followed required. Aluminum and density was previously what was previously Vinyl Ltd.answered.in the Official Plan 4425 First a Asked about the which does not follow AVerlUe proposed mapping only parcel lines. covering a portion of Additionally,the his property.portion of property.Inquired if the not included is residential designation already residential 80 could impact the the change in industrial use of the designation would property and if the make the property all business would be the same residential allowed to expand Cle5lQn3tl0n- o 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. Linda Pope o Raised an issue that Staff explained the Staff will and Stephen she was unable to zoning would not be Consider Lucas receive a residential changing just the however,the 5626 George mortgage from any Official Plan existing zoning Street bank or credit union due designation for future for the subject to the surrounding uses.property Will industrial uses and remain in potential contamination.place. significant number oftrucksandnoiseinthearearesultingfromtheindustrialuse Page 9 of 14Page 339 of 345 -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 Staff Action Response Danaka June 15,No comment No response No action Kimber,City 2023 required GIS Mike June 15,No comment on the No response No action Embleton,2023 proposed amendment.required Cogeco Abby June 16,No comments or No response No action (LaForme)2023 concerns at this time.required Lee, Mississaugas of the Credit First Nation Taran June 16,No objections to the No response No action Lennard,2023 proposed amendmen.t required NPCA Willie June 28,No objections to the No response No action Cornelio,2023 proposed amendment.required Enbndge Talitha June 30,No objections to the No response No action Laurenson,2023 proposed amendment.required Ontario Power Generation Terry July 7,In support of proposed No response No action Masterson 2023 amendment.required CanadaBrianKostuk,July 14,No Concerns No response No actionMunicipal2023requiredWorks Page 10 of14Page 340 of 345 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 14Page 341 of 345 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—6Guidelines or their equivalent. Page12of14Page 342 of 345 Z/r Niagara?qljg Area Affectedby this Amendment APPENDIX 4 MAP 1 TO AMENDMENT NO.157 SCHEDULE A TO THE OFFICIAL PLAN l:|Proposed Change From:Industrial Proposed Change To:Residential HamiltonSt MenzieSt Bridge St ElmSt 3III'2('054’AVpooMauJ0H City of Nlagara Falls Official Plan Excerpt from SCHEDULE -A -FUTURE LANDUSE ,'Environmental Conservation Area .Residential|_ H Tourist CommercialW‘Minor CommercialNote:Thisscheduleform part of AmendmentNo.157 to the OfficialPlan for the City of Niagara Falls:1;1ZOL’3.Hng'i‘(>F‘»'«,.and it must be read In conjunction withthe written text.Page13of147:17;2n2wPage 343 of 345 Qc?eamacEE2.2a.mau..z6Euo. ._os_m_um_u«E..:o£_.;u$:£=m_u._o\u:~u?zuoa?3>2:=55so:«um:um_n_euu.az8.._o=§_:o.=_.0.n.m~=__.25..82:.0:3ozEmu$5mew::_83.__~mszmmnnow:.23«B.B3:.2:En:m?mtmmwmmsuu~uo__uS.0_n_Em=uemcouI_5:ou_u:_._£uuQu..0_£25.Eu;on8::5?EU«Fr.552:??coumums....:o_?E_£:_.o.=.=¢.3.mu:_3!v8Su?_~_u_=omavo?uvcouma.0:__5tucmbaaUmoE_.§59$._Eu:um .2umu=m.=_Em=_m§.uac_~.=8mm:_3n._Unanman...9.».53.2:.0ur.=_m.m_aEouE>u..I_:H.mm.=o_m~.E__aE_Buoama?Wm_~:m:E$5m_.o__£.a&.%.onma?a$6m__:m__£n=~mm_Z.0EU.2:9:.Mum.vwu_BEm_Emumg» I. 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IIAIIVII..I..IuI..hIIII M.I I M IICI.Evan;IIIIIIII ma.Emma.@X_CC®QQ<I.Z Page14of14Page 344 of 345 CITY OF NIAGARA FALLS By-law No. 2023 – 093 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 3rd day of October, 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 3rd day of October 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 3rd day of October, 2023. .............................................................. ............................................................. BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 345 of 345