11-14-2023
AGENDA
City Council Meeting
4:00 PM - Tuesday, November 14, 2023
Council Chambers/Zoom App.
All Council Meetings are 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: Sahaana Aiyer (Singing live in Chambers)
Land Acknowledgement and Traditional Indigenous Meeting Opening
2.ADOPTION OF MINUTES
2.1.Council Minutes of October 24, 2023
City Council - 24 Oct 2023 - Minutes - Pdf
12 - 26
3.DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be
made for the current Council Meeting at this time.
4.MAYOR'S REPORTS, ANNOUNCEMENTS
5.IN CAMERA SESSION OF COUNCIL
5.1.In-Camera Resolution (added)
November 14, 2023 - Resolution to go In-Camera
27
6.PLANNING MATTERS
6.1.Memo from Planning - Meeting to Reconsider Refusal of
Official Plan Amendment 157
Fraser Street, west of Stanley Avenue and lands east of
Fourth Avenue, north of Hamilton Street (Letter and
presentation added from NPG Planning Solutions)
Brian Dick, Senior Manager of Policy Planning, will provide an
28 - 78
Page 1 of 544
overview of OPA 157.
Memo to Council - Meeting to Reconsider Refusal of OPA 157
November 12th Council (003)
PBD-2023-47 - Employment Lands Conversion Official Plan
Amendment No. 157
Presentation - November 14th Stat Public Meeting - OPA 157
Presentation (ACK Architects) 2022-124 - Fraser Street
NPG - 4280 Fourth Ave - OPA 157 Presentation
Letter to CNF Reconsideration of OPA 157
Comments from Resident - 6.1
6.2.PBD-2023-68 (additional comments and NPG presentation
added)
AM-2023-015
Official Plan and Zoning By-law Amendment Application
2358-2378 Portage Rd, 2495 Stanley Ave
Applicant: Darren & Lori Schmahl
Agent: Aaron Butler (NPG Planning Solutions Inc.)
Alexa Cooper, Planner 2, will provide and overview of Report
PBD-2023-68.
PBD-2023-68 - Pdf
Presentation (Staff) - AM-2023-015 - PBD-2023-68
Comments from residents - PBD-2023-68 - AM-2023-015 -
(Redacted)
Additional comments - 2023_11_09 Comments fr K. Turnbull AM-
2023-015 - (Redacted)
#6.2 - Presentation (Agent- NPG) Portage and Stanley Public
Meeting
Comments from Resident - 6.2
79 - 119
6.3.PBD-2023-67 (Additional comments added)
AM-2023-014, Zoning By-law Amendment Application
5640 Stanley Ave, 5609 & 5619 Buchanan Ave
120 - 193
Page 2 of 544
Applicant: 9431870 Canada Corp (Daljit Goraya)
Agent: ACK Architects (Michael Allen)
Alexa Cooper, Planner 2, will provide and overview of Report
PBD-2023-67.
PBD-2023-67 - Pdf
Presentation (Staff) - AM-2023-014 - PBD-2023-67
Presentation (Applicant) - 5640 Stanley
Comments from residents - PBD-2023-67 - AM-2023-014
(Redacted)
Additional comments - 2023_11_10 Comments fm. Catanzaro +
Dhand + Singh (Redacted)
Comments from Resident - 6.3
7.DEPUTATIONS / PRESENTATIONS
All speakers are reminded that they have a maximum of 5 minutes to
make their presentation.
7.1.Niagara Falls Public Library Board - 2024-2028 Strategic Plan
(Presentation, annual reports added)
Anne Andres-Jones, Chair of the Niagara Falls Public Library
Board, and Alicia Subnaik Kilgour, CEO / Chief Librarian, along
with plan consultants Dov Goldstein of Lord Cultural Resources
and Kimberly Silk of Brightsail Research, will present to Council
the Library’s new 2024-2028 Strategic Plan. Cathie Lee, Director
of Customer Experience and John Anstruther, Vice-Chair of the
Library Board will also be in attendance.
Presentation - Niagara Falls Public
Library_CouncilPres_14Nov23
NFPL_2023_Q1_snapshot
NFPL_2023_Q2_snapshot
NFPL_2023_Q3_snapshot
NFPL_Annual Report 2022
Comments from Resident - 7.1
194 - 217
Page 3 of 544
7.2.Deloitte Presentation - Customer Service Vision Engagement
Shelley Darlington, General Manager of Corporate Services, will
set context as to the report on Customer Service Vision
Engagement. Furthermore, Shelley will introduce Ms. Jaimie
Boyd and Mr. Riyaz Nathwani, from Deloitte Canada, whom will
be in attendance virtually to provide an overview of the work
completed as part of their engagement.
Savannah Wells-Bisson, Operations Support Supervisor with the
City of Niagara Falls, will supplement the presentation
highlighting a customer journey experience from a Municipal
Works perspective.
Niagara Customer Service Council Meeting - Presentation -
11062023
218 - 225
7.3.CS-2023-02
City of Niagara Falls Customer Service Strategy
It is recommended:
THAT Staff Report CS-2023-02 City of Niagara Falls Customer
Service Strategy be received as information;
AND THAT Council approve the City’s customer service vision,
motto, objectives, and guiding principles as outlined in
Attachment 2.
CS-2023-02 - Pdf
226 - 236
7.4.Hospice Niagara Presentation (Briefing note and
presentation added)
Carol Nagy, Executive Director and Board Member, to provide
an update to Council regarding Hospice Niagara and the
approved expansions in Niagara. Carol will be joined by Archie
Reynolds, Board Vice-Chair and Guy Rizzo, Board Member.
Hospice Niagara - Municipal Council Presentation
Municipal Briefing Note City of Niagara Falls 2023
237 - 249
7.5.Community Crew (Presentation added)
Stephen Cooper, of Community Crew, has requested to speak to
Council regarding eliminating perception that Community Crew is
a St. Catharines charity. He is also promoting an upcoming event
called "Niagara Christmas." Last year they served 633 lunches to
Niagara Falls schools a week, across 7 schools which were
selected off poverty data.
250 - 254
Page 4 of 544
Presentation - Community Crew Council
7.6.Resident, Joe Mrozek - Homelessness
Resident, Joe Mrozek, is wishing to address Council regarding
his concerns about homeless encampments close to his
residence, and their impact on the community.
Brittany Ferguson-Violi is also looking to address Council
regarding this same matter.
7.7.Crime Stoppers of Niagara - Update (Presentation added)
Mike Britton, Board Member of Crime Stoppers Niagara, wishes
to present annual statistics, inform Council of other programs and
discuss ways that the community and the City of Niagara Falls
can get involved in making a safer Niagara for all. Mike will be
joined by Jason Snyder, Vice-Chair of Crime Stoppers Niagara.
Presentation - Crimestoppers Stats
255 - 263
8.REPORTS
8.1.R&C-2023-13 (Comments added)
City Outdoor Pools Update
R&C-2023-13 City Outdoor Pools Update - Pdf
Presentation - CNF_Recreation_Outdoor Pool
Comments from resident - K Lemyre
Letter to council nov. 13 2023 - M Holm
Comments from resident - R White
264 - 295
8.2.L-2023-22
Further Update on Strong Mayors Legislation
Our File No.: 2022-168
L-2023-22 - Pdf
296 - 309
8.3.MW-2023-29
Revisions to the 2023 Road Resurfacing Mill & Pave Program
MW-2023-29 - Pdf
310 - 318
Page 5 of 544
8.4.MW-2023-31
Electric Vehicle Charger and Vehicle Infrastructure Update
MW-2023-31 - Pdf
319 - 323
8.5.PBD-2023-70
Permitting 4 Dwelling Units in a Dwelling in Urban
Residential Areas
PBD-2023-70 - Pdf
324 - 327
8.6.PBD-2023-69 (Report added)
Response to Rodent Control Efforts in the City
PBD-2023-69 - Pdf
328 - 335
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 be to agenda consent the of out moved be reports the of
considered separately.
9.1.F-2023-31
2023 Q3 Parking Fund Budget to Actual Variance (Unaudited)
F-2023-31 2023 Q3 Parking Fund Budget to Actual Variance
(Unaudited) - Pdf
336 - 339
9.2.MW-2023-30
Appointment of Drainage Engineer
MW-2023-30 - Pdf
340 - 345
9.3.MW-2023-33
Single Source Purchase Request and Capital Budget
Amendment – Trails & Active Transportation Master Plan
MW-2023-33 - Pdf
346 - 348
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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 #10.2.
10.1.Flag-Raising Request - Crime Stoppers of Niagara
Crime Stoppers of Niagara is requesting Niagara Falls City
Council to recognize January 2024 as Crime Stoppers
Awareness Month, by arranging a flag-raising ceremony.
Recommendation: For the Approval of Council.
Flag-Raising Request - Mayor Jim Diodati from Crime Stoppers
of Niagara
Crime Stoppers of Niagara
349 - 351
10.2.Proclamation Request - Talk to a Stranger Week
Attached is a request for Council to proclaim the week of
November 20, 2023 - November 26, 2023 as "Talk to a Stranger
Week."
Recommendation: For the Approval of Council.
Proclamation Request - Talk to a Stranger Week
352 - 358
11.COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
RECOMMENDATION: THAT Council receive and file for
information Item #11.1 through to and including Item #11.7.
11.1.Resolution - Niagara Peninsula Conservation Authority
(NPCA) - Water Quality Monitoring Program Summary Report
for the Year 2022.
The NPCA adopted the attached Resolution No. 91-2023 at its
September 15, 2023 meeting regarding the Water Quality
Monitoring Program Summary Report for the Year 2022.
Recommendation: For the Information of Council.
359 - 360
Page 7 of 544
Resolution - NPCA - Water Quality Monitoring Program Summary
Report - 2022
11.2.Annual Report from the Integrity Commissioner
Attached is the Annual Report from Niagara Falls Integrity
Commissioner Edward T. McDermott.
Recommendation: For the Information of Council.
Niagara Falls Annual Report 2023
361 - 363
11.3.Niagara Region Correspondence (Additional
correspondence added)
Attached is the correspondence sent from the Niagara Region
regarding the following matters:
1. Niagara Region Report CLK-C 2023-122 - Areas of Strategic
Focus of Shared Services
2. Niagara Region Report CLK-C 2023-121 - Official Plan
Amendment Application
3. Niagara Transit Commission - 2024 Proposed Operating &
Capital Budget Submission and Requisition
Recommendation: For the Information of Council
CLK-C 2023-122 - Areas of Strategic Focus of Shared Services
CLK-C 2023-121 - Official Plan Amendment Application
(Proposed Uppers Quarry)
Report-Niagara Transit Commission -17-2023 Circulation
Additional correspondence from Fernwood residents - re-
Regional Report - CLK C-2023-121 - Uppers Quarry
364 - 425
11.4.Resolution - Town of Rainy River Water Training
Attached is a resolution passed by the Town of Rainy River,
Ontario, in regard to water treatment training opportunities.
Recommendation: For the Information of Council
Rainy River - Water Treatment Training Resolution
426 - 427
Page 8 of 544
11.5.Motion - City of Cambridge
Attached is a copy of a motion passed by Cambridge City Council
on October 24th, 2023 regarding Council’s Support for Bill 21,
Fixing Long-Term Care Amendment Act.
Recommendation: For the Information of Council
City of Cambridge Resolution October 24, 2023
428 - 429
11.6.Letter of Support - correspondence from Antonio Caruso
Attached is correspondence from Tony Caruso for Council
information.
Recommendation: For the Information of Council.
Email from Tony Caruso
Deborah Moriah-LSO Bencher Status
430 - 434
11.7.Comments from resident
Comments from Resident
435 - 472
12.COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
12.1.Niagara Shriners Parade - June 8, 2024 - Street Closure
Permit
The Niagara Shrine Club and Rameses Shrine Centre are non-
profit organizations wishing to host a parade for the 36 Rameses
Shrine Clubs in Ontario. The Niagara Shrine Club will host
approximately 1500 Shriners and their families at a convention
weekend and part of that is the parade to give the organization
visibility in the community.
Recommendation: To Refer to Staff.
Niagara Shrine Club
473 - 477
12.2.Niagara Falls Hydro Holding Corporation (HOLDCO) - Memo
to Council
Attached is a memo to Council regarding Niagara Falls Hydro
Holding Corporation Updates.
Recommendation: THAT Council receive the Niagara Falls
Hydro Holding Corporation Updates for Information.
478 - 517
Page 9 of 544
Memo -11.14.23 - Niagara Falls Hydro Holding Corporation
Updates
2022 Niagara Falls Hydro Holding Corporation Consol FS - final
13.RESOLUTIONS
14.RATIFICATION OF IN-CAMERA
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-
107.
A by-law to provide for the adoption of Amendment No. 155 to the
City of Niagara Falls Official Plan.
By-law 2023-107 - OPA155 - Delegated Authority - OPA
518 - 523
2023-
108.
A by-law to delegate the authority of approval for matters under
Sections 39.2(1) and 51.2(1) of the Planning Act, R.S.O. 1990,
c.P.13, as amended, and other development matters.
By-law 2023-108 - OPA155 - Delegated Authority - By-law
524 - 526
2023-
109.
A by-law to provide for the adoption of Amendment No. 162 to the
City of Niagara Falls Official Plan (AM-2023-016).
By-law 2023-109 - AM-2023-016 - Additional Dwelling Units -
OPA
527 - 531
2023-
110.
A By‐law to amend By‐law No. 79‐200, as amended, to include
Additional Dwelling Unit policies within the City of Niagara Falls,
to align with Bill 23 amendments to the Planning Act.
By-law 2023-110 - AM-2023-016 - Additionl Dwelling Units - ZBA
532 - 537
Page 10 of 544
2023-
111.
A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Limited Parking,
Heavy Vehicle Restriction, Speed Limits on Highways – 60km/h)
By-law 2023-111 - 11 14 2023 - Limited Parking, No Heavy
Vehicles, 60 Speed
538 - 539
2023-
112.
A by-law to appoint a Drainage Engineer pursuant to The
Drainage Act, R.S.O. 1990.
By-law 2023-112 - Drainage Engineer Appointment By-law 2023-
112_Revised 20231109
540
2023-
113.
A by-law to amend By-law No. 79-200, to permit the existing 3-
unit dwelling and vacation rental units (AM-2023-009). (By-law
added)
By-law 2023-113 - AM-2023-009 - 5705 Buchanan Avenue - ZBA
541 - 543
2023-
114.
A by-law to adopt, ratify and confirm the actions of City Council at
its meeting held on the 14th day of November, 2023.
By-law 2023-114 11 14 23 Confirming By-law
544
17.ADJOURNMENT
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MINUTES
City Council Meeting
4:00 PM - Tuesday, October 24, 2023
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, October
24, 2023, at 4:12 PM, in the Council Chambers, with the following members present:
COUNCIL
PRESENT:
Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne Campbell
(via Zoom), 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, Heather Ruzylo, Tiffany Clark, Chief Jo
Zambito, Erik Nickel, Shelley Darlington, Kira Dolch, Dale Morton, Nidhi
Punyarthi, (present in Chambers).
Trent Dark (present via Zoom).
1.CALL TO ORDER
The meeting was called to order at 4:12 PM.
2.ADOPTION OF MINUTES
2.1.Council Minutes of October 3, 2023
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council approve the minutes of the October 3, 2023 meeting as
presented.
Carried Unanimously (Councillor Campbell was absent from the vote).
3.DISCLOSURES OF PECUNIARY INTEREST
a)Councillor Victor Pietrangelo declared a conflict of interest to Item #5.1 - PBD-
2023-62 as the Councillor's parents own property within the notification zone.
4.MAYOR'S REPORTS, ANNOUNCEMENTS
a)Mayor Diodati extended condolences to the following:
Frank Galella - Retired City Employee from our Water Department
Bonita Elaine Mulligan - Mother of Katelyn Halagian, from Fire Services.
Councillor Mike Strange made a request for Staff to invite an 10 year old
runner, Sawyer Nicholson, of Stouffville, Ontario back to Council to honour her
for breaking a marathon record. Sawyer ran 3:49 - per kilometre to win the
first female at the Niagara Falls International Marathon.
Page 1 of 15
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Mayor Diodati mentioned the following events:
City Highlighted on International Stage for Education [photos]
•Joined by CAO Jason Burgess and Serge Felicetti, Director of Business
Development
•Thailand and Singapore—The Education Innovation Summit
oUniversity of Niagara Falls Canada highlighted
oInternational agents for universities from around the globe
•Visited London School of Business and Finance in Singapore
ouniversity campus integrated into downtown
•UNFC welcomes first cohort in 2024
oIntegrate emerging technology and digital innovation
oLeading edge offerings like Biomedical Sciences, Digital Economy and
Marketing, Data Analytics and Entrepreneurship
Grand Slam of Curling in Niagara Falls [photos]
•A week of events/ national television coverage
•Attended by Councillors Pietrangelo, Baldinelli, Lococo and Patel
•Thank you to staff and team at Gale Centre
OLG Cheque Presentation [photo]
•Also attended by Councillors Patel, Nieuwesteeg, Lococo, Strange and
Baldinelli
Enbridge Tree Canada Earth Day Tree Planting Event [photo]
•Also attended by Councillor Strange
Outdoor Courts Refurbishment Ribbon Cutting [photo]
•Also attended by Councillors Patel and Nieuwesteeg
Chili Cook-Off at Chip ‘N Charlies [photo]
•Also attended by Councillor Strange and Councillor Patel
Councillor Representation
Councillor Patel •Filippino Delegation Visit
Councillor Nieuwesteeg•Niagara Falls University Women’s 100 year
anniversary
Councillor Lococo •Community Crew Open House
The Ontario Ministry of Transportation Annual Road Safety Awards—
Niagara Falls Recipient:
•Congratulations to Julie Ellis, School Crossing Guard Coordinator
•Leadership, dedication and creativity in safety promotion
•Former Chair of the Ontario Traffic Council’s School Crossing Programs
Committee (for 5 years)
•Created a Pedestrian Safety Education Program called
oBetween the Lines: Safe & Active Travel for School, featuring BLUE the
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Butterfly.”
•Julie designed this free program for students in JK to Grade 3
•Focus on active travel, road safety & role of school crossing guards
oProgram expanded to Fort Erie and to reach other age groups
•More than a dozen presentations every year
•Congratulations, Julie on your award!
b)The next Council meeting is scheduled for Tuesday, November 14, 2023.
5.PLANNING MATTERS
The open Council meeting resumed at 5:41 PM.
Councillor Victor Pietrangelo left Chambers at 5:41 PM as he had declared a conflict
of interest to Item #5.1.
5.1.PBD-2023-62
AM-2021-016 & AM-2022-015, Official Plan Amendment & Zoning By-law
Amendment Applications
9015 & 8970 Stanley Avenue, Lands to the East and West of 8970 Stanley
Avenue, and Lands on the South Side of Lyons Creek Road, East of
Stanley Avenue
Applicant: 2610823 Ontario Inc. (Angelo Butera)
Agent: Upper Canada Consultants (Craig Rohe)
Mackenzie Ceci, Senior Planner, provided an overview of Report PBD-2023-
62.
Mackenzie mentioned that Council accept the request from the Applicant to
defer Staff's Recommendation Report (PBD-2023-62) until such time that more
information is received, and a subsequent Public Meeting is scheduled, with
notice provided to all interested parties in accordance with the Planning Act.
The following members of public provided comments:
1. John Bacher, of 134 Church Street, St. Catharines, spoke in opposition
of the proposal.
2. John Morocco, of 4739 Lyons Parkway, spoke addressing the
importance of slowing down process, working through the process "the
right way" and to come back after the secondary plan process is
completed.
3. Martine Esraelian, of 159 York Street, St. Catharines, spoke in
opposition of the proposal supporting deferring the matter as it is
premature in the absence of other studies. Martine works as an
Environmental Consultant.
Craig Rohe, acting as the agent from Upper Canada Consultants, provided an
overview of the proposal.
Page 3 of 15
Page 14 of 544
Moved by Councillor Ruth-Ann Nieuwesteeg
Seconded by Councillor Mike Strange
It is recommended:
THAT Council receive and file the staff and agent presentations.
Carried Unanimously (Councillor Campbell was absent from the vote and
Councillor Pietrangelo declared a conflict of interest).
5.2.PBD-2023-60
Official Plan Amendment No. 155 – Delegation of Approval Authority
The Public Meeting was commenced at 6:20 PM.
Danielle Foley, Planning Student, provided an overview of Report PBD-2023-
60.
Peter Colosimo, of 6524 Jupiter Blvd., retired Planner and former member of
the Committee of Adjustment, addressed Council citing that while he agreed
with the Staff report, he expressed concerns with having Councillors be
members of the Committee of Adjustment.
The Public Meeting closed at 7:02 PM.
Moved by Councillor Lori Lococo
Seconded by Councillor Mona Patel
THAT Council approve the amendments to the City’s Official Plan and adopt
the Delegation By-law, as outlined in this report.
Carried Unanimously (Councillor Campbell was absent from vote).
Moved by Councillor Lori Lococo
THAT Council direct staff of Legal Services to bring a report back to include an
investigation of the Municipal Act, Planning Act and our by-law for the
appointment of our Councillors on the Committee of Adjustment and to
determine the length of appointment of Councillors to the Committee.
Motion Not Put.
5.3.PBD-2023-61
Official Plan Amendment No. 162 and Zoning By-law Amendment AM-
2023-016, New Additional Dwelling Unit Policies
The Public Meeting commenced at 7:03 PM.
Danielle Foley, Planning Student, provided an overview of Report PBD-2023-
61.
Page 4 of 15
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The Public Meeting closed at 7:30 PM.
Moved by Councillor Mike Strange
Seconded by Councillor Victor Pietrangelo
THAT Council adopt and approve the amendments to the City’s Official Plan
and Zoning By-law, as outlined in this report.
Carried Unanimously (Councillor Campbell was absent).
6.DEPUTATIONS / PRESENTATIONS
6.1.Development Charges Study, CBC Strategy Update and Related By-laws
Jackie Hall, Project Manager, Hemson Consulting, Ltd., provided a
presentation to Council regarding Development Charges and Community
Benefit Charges.
Moved by Councillor Wayne Thomson
Seconded by Councillor Mona Patel
THAT Council receive the presentation made by Jackie Hall, Project Manager,
Hemson Consulting, Ltd.
Carried Unanimously (Councillor Campbell was absent from the vote).
6.2.2023-2027 Strategic Plan
Dale Morton, Director of Communications, provided Council with a summary of
the 2023-2027 Strategic Plan.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Lori Lococo
THAT Council adopt the 2023-2027 Strategic Plan.
Carried Unanimously (Councillor Campbell was absent from the vote).
7.IN CAMERA SESSION OF COUNCIL
7.1.Resolution to go In-Camera
The resolution to go In-Camera was passed after Item #4 (Mayor's Reports,
Announcements).
Moved by Councillor Ruth-Ann Nieuwesteeg
Seconded by Councillor Mike Strange
THAT Council enter into an In-Camera session.
Carried Unanimously (Councillor Campbell was absent from the vote).
8.REPORTS
8.1.F-2023-23
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Annual Update of OLG Spending and Commitments
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Lori Lococo
1. THAT the annual update of OLG spending and commitments report BE
RECEIVED.
2. THAT Council APPROVE the staff recommended revised key areas of
OLG spending:
1. Property Tax Relief (will be removed once fully phased out)
2. Capital Asset and Strategic Investments
3. Economic Development Initiatives
4. Social Service Initiatives
5. Casino Policing Unit Funding
Carried Unanimously (Councillor Campbell was absent from the vote).
8.2.MW-2023-28
Beck Road Bridge Replacement Tender Award
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
1. THAT the contract be awarded to the lowest bidder Rankin Construction
Inc. at the bid price of $3,459,403.00 excluding HST;
2. AND THAT Council approve an exception to Policy 311.02, Consultant
Selection Policy to permit a direct appointment in excess of $100,000;
3. AND THAT Council approve a direct appointment to Ellis Engineering
Inc. in the amount of $223,040.00 excluding HST for contract
administration and inspection services for the Beck Road Bridge
Replacement project;
4. AND THAT the Mayor and City Clerk be authorized to execute the
necessary contract documents.
Carried Unanimously (Councillor Campbell was absent from the vote).
8.3.PBD-2023-63
Exemption to Plan of Condominium
26CD-11-2023-004
6701 Thorold Stone Road
Applicant: 2851901 Ontario Inc.
Agent: NPG Planning Solutions (Aaron Butler)
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
1. THAT Council exempt the condominium description from approvals
required under Section 51 and Section 51.1 of the Planning Act for lands
municipally known as 6701 Thorold Stone Road, as identified in
Schedule 1, pursuant to Sections 9(3)(b) and 9(7) of the Condominium
Act;
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Page 17 of 544
2. THAT the Certificate of Exemption, required to be issued by the City
under Sections 9(3)(b) and 9(7) of the Condominium Act, be conditional
on submission to the City of the final condominium plan for compliance
review with the registered site plan agreement prior to registration; and
3. THAT Council pass the by-law on tonight’s agenda.
Carried Unanimously (Councillor Campbell was absent from the vote).
8.4.PBD-2023-64
26T-11-2019-001
Extension of Riverfront Draft Plan of Subdivision
North Side of Chippawa Parkway; East Side of Dorchester Road
Applicant: Centennial Homes (Niagara) Inc. (Joe Candeloro)
Agent: Upper Canada Consultants (William Heikoop)
Moved by Councillor Mike Strange
Seconded by Councillor Ruth-Ann Nieuwesteeg
1. That Council grant an 18-month extension to draft plan approval for the
Riverfront Draft Plan of Subdivision, with a new lapsing date of April
30th, 2025.
2. That subject to subsection 51(47) of the Planning Act, 1990 R.S.O.
Council consider passing the resolution in tonight’s agenda to deem the
changes proposed to the conditions of approval to be minor, and
determine that no further written notice is required.
Carried (Councillor Lococo was opposed and Councillor Campbell was
absent from the vote).
8.5.PBD-2023-66
Matters Arising from Municipal Heritage Committee
Request to Designate 4299 Queen Street (Former Bank of Hamilton
Building)
Moved by Councillor Wayne Thomson
Seconded by Councillor Lori Lococo
THAT Council defer the matter and to further set up conversations with the
owner to understand the owner's intentions and to ensure that staff work with
the owner to provide an understanding of the programs we have to assist in the
process.
Carried Unanimously (Councillor Campbell was absent from the vote).
8.6.R&C-2023-09
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Niagara Falls Cultural Ambassadors
Moved by Councillor Lori Lococo
Seconded by Councillor Wayne Thomson
THAT City Council consider the following motions passed at the August 3,
2023 Niagara Falls Culture Committee meeting:
1. THAT Council approve the Culture Committee’s recommendation to
establish an ambassador programme that includes a Town Crier and a
Poet Laureate, and
2. THAT the budgetary costs associated be considered in the 2024
operating budget.
Motion denied. (Councillor Nieuwesteeg, Pietrangelo, Baldinelli, Patel and
Strange were opposed and Councillor Campbell was absent from the
vote).
Moved by Councillor Mike Strange
Seconded by Councillor Victor Pietrangelo
THAT Council approve the Culture Committee's recommendation to establish
an ambassador program that includes a Town Crier and;
THAT the budgetary costs associated be considered in the 2024 budget.
Carried Unanimously (Councillor Campbell was absent from the vote).
8.7.F-2023-29
2021 Corporation of the City of Niagara Falls (Draft) Audited Consolidated
Financial Statements
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Tony Baldinelli
THAT Council APPROVE the 2021 Corporation of the City of Niagara Falls
Draft Consolidated Financial Statements.
Carried Unanimously (Councillor Campbell was absent from the vote).
8.8.PBD-2023-65
Provincial Streamline Development Approval Funding Final Report
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
THAT Staff be directed to submit the final report along with all the necessary
invoices and supporting documents to the Province.
Carried Unanimously (Councillor Campbell was absent from the vote).
9.COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
9.1.Proclamation and Flag-Raising Request - 16 Days of Activism Against
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Gender-Based Violence
On behalf of the Canadian Federation of University Women, attached is a letter
requesting Council proclaim Saturday, November 25, 2023 as the International
Day for the Elimination of Gender-Based Violence and raising a "Wrapped in
Courage" flag to raise awareness and promote gender equality.
The 16 Days of Activism Against Gender-Based Violence begins on November
25, 2023, the International Day for the Elimination of Gender-Based Violence
and ends on December 10, 2023, International Human Rights Day.
Recommendation: For the Approval of Council.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council proclaim Saturday, November 25, 2023 as the International Day
for the Elimination of Gender-Based Violence and raising a "Wrapped in
Courage" flag to raise awareness and promote gender equality.
Carried Unanimously (Councillor Campbell was absent from the vote).
9.2.Memo from Planning
Regarding:
PLC-2023-006, Request for Removal of Part Lot Control
Block 107, Registered Plan 59M-484, Forestview Estates
7101-7129 Parsa Street
(Kenmore Homes (Niagara Falls) Inc. has requested for Council to pass a by-
law to exempt Part Lot Control from the westerly portion of Block 107 on
Registered Plan 59M-484 to transfer the ownership of on-street townhouse
dwelling units that are under construction).
Recommendation: For the Approval of Council.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council approve the passing of a by-law to exempt Part Lot Control
from the westerly portion of Block 107 on Registered Plan 59M-484 to transfer
the ownership of on-street townhouse dwelling units that are under
construction).
Carried Unanimously (Councillor Campbell was absent from vote).
9.3.Memo from Planning
Regarding:
PLC-2023-007, Request for Removal of Part Lot Control
Blocks 1 to 5, Registered Plan 59M-493, Bentley Common
5901 to 6009 Bentley Common
(1746362 Ontario Corporation has requested for Council to pass a by-law to
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exempt Part Lot Control from Blocks 1 to 5 on Registered Plan 59M-493 to
transfer the ownership of townhouse dwelling units that are under
construction).
Recommendation: For the Approval of Council.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council approve the passing of a by-law to exempt Part Lot Control from
Blocks 1 to 5 on Registered Plan 59M-493 to transfer the ownership of
townhouse dwelling units that are under construction.
Carried Unanimously (Councillor Campbell was absent from the vote).
10.COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1.Resolution - Unsanctioned Car Rallies - Town of Wasaga Beach
Attached is a resolution from the Town of Wasaga Beach requesting that a
provincial task force be assembled to create a municipal response framework
to protect communities from unsanctioned car rallies.
Recommendation: For the Information of Council.
10.2.Resolution - Town of Cobourg - Illegal Land Use Enforcement.
Attached is a resolution passed by the Town of Cobourg Council at its October
2, 2023 meeting.
Recommendation: For the Information of Council.
10.3.Resolution - Township of Archipelago - Cigarette Producer Responsibility
Attached is a resolution that the Township of Archipelago passed at its regular
meeting of Council held on October 13, 2023 regarding cigarette producer
responsibility.
Recommendation: For the Information of Council.
10.4.Letter from Minister of Municipal Affairs and Housing - Honourable Paul
Calandra - Proposed Legislation to Return Lands to the Greenbelt and
Oak Ridges Moraine
The attached letter is to inform Council that the Ontario government introduced
legislation that if passed, would restore the 15 parcels of land that were
redesignated or removed from the Greenbelt Plan and the Oak Ridges Moraine
Conservation Plan areas in late 2022. The Greenbelt Statute Law Amendment
Act, 2023, if passed, would enhance protections for these areas by ensuring
any future boundary changes can only be made through an open, public and
transparent legislative process.
Recommendation: For the Information of Council.
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10.5.Complaint of Contravention of Code of Conduct
Attached is a letter from the Integrity Commissioner regarding the conclusion of
an investigation with no contravention of the Code of Conduct.
Recommendation: For the Information of Council.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
THAT Council receive and file for information Item #10.1 through to and
including Item #10.5.
Carried Unanimously (Councillor Campbell was absent).
10.6.Comments from resident
11.RESOLUTIONS
11.1.Resolution - AM-2023-005 - 7081 McLeod Road - Minor Revision to Zoning
By-law
A public meeting was held on June 20, 2023 to consider approvals to permit a
5 storey apartment dwelling building on lands known as 7081 McLeod Road.
Council passed By-law No.2023-077 to facilitate the proposed development—
no changes have been made to the site plan since the public meeting. Please
see the attached resolution to deem minor the following changes: to amend the
exterior side yard width to state 4.4 m (plus 14.3 m to centreline of McLeod
Road), to state the minimum interior side yard width to the furthest northern
interior side yard lot line is 16.9 m, to clarify that a decorative wall or decorative
fence is not required between the 1.5 m width between parking spaces and
front lot line, and to clarify that a projection of a balcony is permitted into a
required side yard. In addition, By-law No. 2023-077 is to be repealed.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council approve the resolution as presented for AM-2023-005, 7081
McLeod Road - Minor Revision to Zoning By-law.
Carried Unanimously (Councillor Campbell was absent from the vote).
11.2.Resolution - Riverfront - Minor Changes to the Conditions of Approval
Please see the attached resolution to deem the changes to the condition of
approval for the Riverfront Draft Plan of Subdivision to be minor. The following
addition to the conditions of approval is proposed in report PBD-2023-064: to
insert a standard warning clause regarding potential noise and odour from the
proposed South Niagara Falls Wastewater Treatment Plant.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council approve the resolution as presented for Riverfront regarding
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minor changes to the conditions of approval.
Carried (Councillor Lococo was opposed and Councillor Campbell was
absent from the vote).
12.RATIFICATION OF IN-CAMERA
a)Ratification of In-Camera
Moved by Councillor Mona Patel
Seconded by Councillor Tony Baldinelli
That Council authorizes the Mayor and City Clerk to act on behalf of the City to
execute the Retail Lease for the Niagara Falls Exchange Cafe with Mah-tay
Restaurants Inc. for a term of two (2) years from December 1, 2023, to
November 30th, 2025 with an option to renew the lease for an additional one
(1) year term.
Carried Unanimously (Councillor Campbell was absent from the vote).
13.NOTICE OF MOTION/NEW BUSINESS
a)Intimate Partner Violence
Moved by Councillor Lori Lococo
Seconded by Councillor Victor Pietrangelo
THAT Council waive the procedural by-law and;
That the City of Niagara Falls RECOGNIZE the issues of gender-based
violence and intimate partner violence in Niagara as serious to the health and
wellness of local residents
and their families;
That the City of Niagara Falls COMMIT to engaging with community partners to
educate and support our residents about the seriousness and long-term danger
of violence in our
communities;
That the City of Niagara Falls Council DECLARE, in accordance with
Recommendation #1 of the Renfrew County Inquest, that intimate partner
violence and gender-based
violence are an epidemic;
That a copy of this motion BE SENT to each of Niagara’s 12 Local Area
Municipalities requesting they endorse the declaration of intimate partner
violence
and gender-based violence as an epidemic; and
That a copy of this motion BE SENT to The Honourable Arif Virani, Minister of
Justice; The Honourable Doug Ford, Premier of Ontario; The Honourable
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Charmaine
A. Williams, Associate Minister of Women’s Social and Economic Opportunity;
The Honourable Parm Gill, Minister of Red Tape Reduction; Niagara four MPs;
Niagara’s four MPPs; the Association of Municipalities of Ontario (AMO); the
Federation of Canadian Municipalities (FCM); Mayors and Regional Chairs of
Ontario (MARCO);and Ontario’s Big City Mayors (OBCM).
Carried Unanimously (Councillor Campbell was absent from the vote).
b)Cannabis Growing
Councillor Pietrangelo discussed the disconnect existing between City by-law
enforcement and the Niagara Regional Police relating to the legalities and
enforcement of cannabis growing within the City of Niagara Falls.
Direction to Staff: To have staff review our current by-laws to understand the
discrepancy that exists between the City's by-law enforcement and the Niagara
Regional Police relating to the legalities and enforcement of cannabis growing
within the City of Niagara Falls.
c)Firehall Theatre - Parking Issue
Councillor Pietrangelo discussed the lack of convenient parking available for
those volunteers attending an event at the Firehall Theatre.
Direction to Staff: That Staff be directed to meet to discuss parking issues
currently existing at the Firehall Theatre with the intent of providing a more
convenient and free parking option for volunteers.
d)Tax & Water Rebate Application
Direction to Staff: Councillor Lococo request Staff to review the Tax & Water
Rebate application to ensure that both the Ontario Disability Support Program
(ODSP) and the Canada Pension Plan (CPP) Federal disability be included on
the application.
e)Minister's Zoning Orders (MZOs)
Direction to Staff: Councillor Lococo requests that staff review the list of MZO's
from the Ministry of Municipal Affairs & Housing to determine if Niagara Falls
has any listing being reviewed.
f)Gratitude from Councillor Patel - Dancing with the Stars - Easter Seals
Councillor Patel extended gratitude to all of her fellow Councillors for
supporting her as a participant in the Dancing with the Stars - Easter Seals
event. Councillor Patel successfully raised close to $13,000.00, of which
benefitted Easter Seals Ontario . Councillor Patel also thanked her dance
partner and instructor, Tammy Lacas.
14.BY-LAWS
2023-
094.
A by-law to amend By-law No. 2017-101 being a by-law to regulate the sale
and setting off of fireworks and pyrotechnic special effects within the City of
Niagara Falls to introduce new regulatory provisions.
2023-A by-law to exempt the property municipally known as 6701 Thorold Stone
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095.Road from the requirements for approval of condominium descriptions under
Sections 51 and 51.1 of the Planning Act.
2023-
096.
A by-law to designate Part of Block 107, Registered Plan 59M-484, not to be
subject to part-lot control (PLC-2023-006).
2023-
097.
A by-law to amend By-law No. 79-200, to permit the use of the lands for a 7-
unit apartment dwelling and to repeal By-law No. 1985-155 (AM-2023-011).
2023-
098.
A by-law to amend By-law No. 79-200, to permit a detached dwelling (AM-
2023-012).
2023-
099.
A by-law to designate Blocks 1, 2, 3, 4 and 5, Registered Plan 59M-493, not to
be subject to part-lot control (PLC-2023-007).
2023-
100.
A by-law to amend By-law No. 79-200, to permit eighteen stacked townhouse
dwelling units within one four storey building subject to the removal of a holding
(H) symbol (AM- 2022-029).
2023-
101.
A by-law to amend By-law No. 79-200, to permit the use of the lands for a 5
storey, apartment dwelling with 50 dwelling units and repeal By-law No. 2023-
077 (AM-2023-005).
2023-
102.
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads. (Parking Prohibited, Prohibited Turns).
2023-
103.
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-
104.
A by-law to appoint an auditor.
2023-
105.
A by-law to appoint an auditor.
2023-
106.
A by-law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 24th day of October, 2023.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT the by-laws be read a first, second and third time and passed.
Carried Unanimously (Councillor Campbell was absent from the vote).
15.ADJOURNMENT
a)Adjournment
Moved by Councillor Mona Patel
Seconded by Councillor Wayne Thomson
THAT Council adjourn the meeting at 9:04 PM.
Carried Unanimously (Councillor Campbell was absent from the vote).
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Mayor
City Clerk
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The City of Niagara Falls, Ontario
Resolution
November 14, 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 November 14, 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
(e) litigation or potential litigation, affecting the municipality;
THEREFORE BE IT RESOLVED that on November 14, 2023 Niagara Falls City Council
will go into a closed meeting to consider matters that fall under 239 (2) (c) to discuss the
possible disposition of land by the municipality as well as a matter that could involve
potential litigation that may require advice subject to solicitor -client privilege regarding a
procedure applied to negotiations involving a Request For Proposal.
AND The Seal of the Corporation be hereto affixed.
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
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A Great City … For Generations To Come
PLANNING, BUILDING & DEVELOPMENT
Inter-Departmental Memo
To: Mayor James M. Diodati & Members of Council
From: Kira Dolch, MCIP, RPP, CNU-A
General Manager, Planning, Building and Development
Date: November 14, 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-industrial use, (i.e. Residential) was appropriate.
At its August 15th meeting, Council considered the attached staff report PBD-2023-47 and
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 October 23rd meeting, Council passed a motion to reconsider the above noted
decision to refuse Official Plan Amendment (OPA 157). Council will reconsider its
decision at the November 14th meeting of Council.
For the November 14th meeting Council requested staff to report on what could be built
on the former ball hockey property, located at 4280 Fourth Avenue, if it were to retain its
existing Industrial designation. Given the small size of the subject lands, the location of
existing residential uses to the immediate west and south, the requirements of the
Provincial D-6 guidelines and the location of the site away from the arterial road network,
the reintroduction of a new industrial use to the site would be difficult. The requirements
for a setback from a Class 1 (light) industrial use (which includes repair shops and smaller
scale distribution outlets) is 20 metres from residential uses which would result in a portion
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A Great City … For Generations To Come
of the site not being able to be used for an industrial use. In addition, the site’s location
may make it less attractive for an industrial use as opposed to a location on the City’s
arterial network or close to Provincial highways.
Staff respectfully request Council’s direction on OPA 157. Should Council decide to
approve OPA 157 in full or in part, a final document will be placed on a future Council
agenda for Council’s consideration.
BD/AB
Attachment: PBD-2023-47
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PBD-2023-47
Report
Report to: Mayor and Council
Date: August 15, 2023
Title:
Employment Lands Conversion: Official Plan Amendment
No. 157 (Fraser Street, west of Stanley Avenue and lands
east of Fourth Avenue, north of Hamilton Street)
Recommendation(s)
1.That Council preliminary support Official Plan Amendment No. 157 with site specific
conditions as outlined in this report.
2. That final Council approval of Official Plan Amendment No. 157 occur after public
input has been collected and reviewed by staff.
Executive Summary
OPA 157, which permits the conversion of two employment land sites to a non -industrial
use, is recommended for approval. This report also provides Council with information on
the intent of OPA 157: Employment- Lands Conversion for the statutory public meeting
as stipulated by the Planning Act.
This City initiated amendment intends to convert two subject sites of employment lands
to a non-industrial use.(i.e. residential) The two sites are in the vicinity of the Gale Centre
and more specifically on lands centred around Fraser Street, west of Stanley Avenue and
lands east of Fourth Avenue, north of Hamilton Street.
For the most part, these two sites contain land uses (primarily residential) that do not
conform to the current Industrial designation in the City’s Official Plan. The amendment
recommends converting these lands to a Residential designation that will now reflect the
existing land uses of both areas.
Both sites are located in proximity to lands zoned Light Industrial, while the Fraser Street
site is located to existing industrial uses. To address concerns raised by one of these
operators (OLEO Energies on Thorold Stone Road) and ensure there are no land use
conflicts with existing and future employment uses, policies have been included in OPA
No. 157 to ensure new developments address land use compatibility including Provincial
D6 guidelines.
Background
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The City initiated an Official Plan amendment to consider the conversion of two additional
candidate employment land sites to a non-industrial use. (see Appendix 1) These two
sites were not investigated by the City’s Employment Lands Strategy and staff were made
aware of potential land use conflicts through development inquiries.
These lands are currently designated Industrial in the City’s Official Plan and given that
both areas are primarily residential in nature they could be considered for non -industrial
use. To determine if the potential conversions to a non-industrial use are appropriate and
justified staff initiated an amendment process through OPA 157.
PUBLIC AND STAKEHOLDER ENGAGEMENT
A copy of the draft amendment was circulated and made available for public and agency
review on June 14, 2023. An open house was held on June 27, 2023 where 4 individuals
participated and submitted oral comments.
The Planning Act requires that a statutory public meeting be held for amendments to
Official Plans. A public meeting will be held at the August 15, 2023 Council meeting to
receive comments from members of the public.
All comments received on the amendment through all forms of engagement have been
reviewed, summarized and responded to by staff in Appendix 2. Appendix 2 also provides
the reader with the public body/stakeholder who submitted the comment, the nature of
the issue and whether a modification could or could not be supported to the amendment
provisions.
Significant issues that prescribed commenting agencies and stakeholders have identified
in the review of OPA 157 are addressed under Planning Analysis.
Analysis
Site Context and Surrounding Land Uses
The two candidate conversion sites are located in the vicinity of the Gale Centre and more
specifically on lands centred around Fraser Street, west of Stanley Avenue and on lands
east of Fourth Avenue, north of Hamilton Street.
The Fraser Street candidate site located immediately north of Fairview Cemetery, is
bounded by Stanley Avenue to the east, George Street to the north and the Hydro Canal
to the west. The site is approximately 3.8 hectares in size and contains land uses
(primarily residential) that would not conform to the Industrial designation contained in the
City’s Official Plan. It should be noted that there are 4 active businesses (service
commercial in nature) in this candidate site.
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The second candidate site is located on lands along Second and Fourth Avenue, north of
Hamilton Street. Land uses within the 2.5 hectare site are primarily residential however,
the area also has an existing auto repair shop (service commercial) and a former ball
hockey centre (commercial) that would also not be reflective of the land uses originally
envisioned by the Industrial designation contained in the City’s Official Plan.
Policy Context
Provincial Policies: Provincial Growth Plan 2020
The subject lands are employment lands as they are located outside of designated
employment areas. The 2020 Provincial Growth Plan provides a less prescriptive
framework for assessing the conversion of employment lands outside of employment
areas to a non-employment use. According to Section 2.2.5.14 of the Provincial Growth
Plan, employment lands that fall outside of employment areas should follow a
development criterion “to ensure that the redevelopment of any employment lands will
retain space for a similar number of jobs to remain accommodated on site” As both
candidate conversion sites are existing, long established residential neighbourhoods that
have been designated Industrial in name only, there are only a limited number of existing
business and thus jobs located within these two areas. With the approval of OPA 157, the
few businesses with their respective workforces can continue to operate unimpeded into
the foreseeable future. It is anticipated though in the fullness of time that the existing
businesses may eventually vacate their current locations and allow the properties to
redevelop to a residential use or mixed use state in key locations.
Niagara Region Official Plan
Similar to Provincial policy, the Niagara Region Official Plan contains a policy framework
for assessing the conversion of employment lands located outside of employment areas.
Policy 4.2.5.1 states that any proposed redevelopment of non -employment uses on
employment land, outside of employment areas, shall retain space for a similar number
of jobs to remain accommodated on site. Further, Policy 4.2.5.2 states that local official
plans may contain criteria for employment land redevelopment to nonemployment uses
outside of an employment area.
City Official Plan
OPA 157 proposes to amend the City of Niagara Fall’s Schedule A: Future Land Use by
redesignating the two subject sites from Industrial to Residential to recognize and reflect
the predominant land use.(see Appendix 3 & 4) Further, both candidate conversion sites
are employment lands and not employment areas to be protected for long term
employment use. Employment lands have a lower level of protection and can be
potentially considered for conversion as the lands have limited ability to accommodate
large scale or contiguous employment uses and that the conversion will not negatively
impact the City’s employment base. In addition to Provincial criteria, each candidate
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conversion site was evaluated on a set of localized criteria which were also used in the
City’s employment lands strategy. The criteria are listed below:
A. Area is located outside of an established or proposed industrial/business park.
(i.e. employment areas).
B. Area is located away from surrounding designated employment lands.
C. Area is surrounded by non-employment land uses on three sides.
D. Conversion would not create incompatible land uses.
E. Conversion of the lands would not negatively impact other employment lands in
the area.
F. Conversion would be consistent with/supportive of City planning objectives and
does not contravene any City policy planning objectives.
G. Area offers limited market choice for employment lands development due to
small size, configuration and physical conditions.
H. Area does not offer potential future expansion on existing or neighbouring
employment lands.
A B C D E F G H
Fraser
Street,
west of
Stanley
Avenue
site
✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Fourth
Avenue,
north of
Hamilton
Street
site
✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
From a review of the above table, it is evident that the continuation of the Industrial
designation would serve no economic purpose for several reasons. Both sites are
primarily residential in nature and though designated Industrial for a considerable peri od
of time have never seen significant redevelopment for employment purposes. Second,
the subject lands offer limited economic opportunities as the properties are undersized
for a typical employment use and significant consolidation of properties would be
necessary which is unlikely to happen.
If land consolidation were to be successful, the introduction of a new industrial use into
this primarily residential area would create land use conflicts with nearby residential uses.
This above analysis was confirmed by Watson Consulting who performed an independent
assessment of the two candidate sites and concurred that the conversions to a non -
employment (i.e. industrial) use are appropriate and suitable from a planning and
economic perspective and would be consistent the City’s planning objectives.
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The westerly Fraser site is in proximity to two industrial operators (OLEO Energies on
Thorold Stone Road to the north west and Ferti-Tech on Stanley Avenue to the south-
east). The industries are located on lands zoned General Industrial (GI), which permits a
wide range of industrial uses, including uses that may conflict with residential uses if the
residential uses are within an area of influence and mitigation measures are not provided.
Both sites are located close to Light Industrial (LI) Zoned Lands (e xtending from Stanley
Avenue to east of the Gale Centre). These LI zoned lands permit a range of non -retail
commercial uses, light manufacturing within fully enclosed buildings and warehousing.
These uses are expected to have a more limited impact on residential uses.
Appendix 5 shows the sites in relation to nearby industrial zoned lands. Provincial D -6
Guidelines mandate and area of influence of 70 metres for Class 1 (light) industrial uses
that typically locate on LI zoned lands, and 300 metres for Class 2 (medium) industrial
uses that could locate on GI zoned lands. As can be seen on the attached Appendix, the
sites are approximately 30 to 40 metres away from lands zoned LI and GI and the east
side of Stanley Avenue and about 120 metres away from GI zoned lands (where OLEO
Energies is sited) to the northwest. Therefore the lands may fall into the area of influence
of existing and future industries.
To protect nearby existing and future employment uses from potential land use conflicts
and to ensure lands zoned for employment are not constrained by new residential uses,
staff have made both employment conversion sites a 'Special Policy Area' that will require
that new future residential development on these lands have regard for compatibility with
nearby existing and future industrial uses in terms of Provincial D -6 Guidelines or their
equivalent. The D-6 Guidelines provide direction on when mitigation may be necessary
(if a proposed residential use falls within an area of influence of an existing or proposed
industry) and what land use compatibility studies are needed with residential development
applications to determine necessary mitigation. This measure will address concerns
raised by OLEO Energies, as detailed in Appendix 2.
Next Steps
City Council is the approval authority for OPA 157 as the amendment is exempt from
Regional Council approval. Following the approval of OPA 157 by Council, staff will issue
and circulate a Notice of Decision pursuant to Section 17 of the Planning Act. Approval
of OPA 157, pending the 20 day appeal period, will allow staff to move forward and make
the necessary revisions to Schedule A: Future Land Use to implement the changes of
OPA 157. Staff will bring forward the adopting by-law at the September meeting of Council
while considering any new comments.
Conclusion
Page 5 of 14
Page 34 of 544
Staff is recommending that Council approve OPA 157 as the conversion to a non -
industrial use is appropriate from a planning perspective. Approval of this amendment will
allow these two residential neighbourhoods to have a Residential designation that is more
compatible with the surrounding area and properly reflects the existing land uses of both
areas.
Financial Implications/Budget Impact
There are no direct financial implications arising from this report as the cost to process
this proposed amendment (i.e. public notice requirements, staff time etc.) is included in
the Planning Department’s 2023 operating budget
Strategic/Departmental Alignment
OPA 157 is consistent with the Vibrant and Diverse Economy and Diverse and Affordable
Housing strategic priorities.
List of Attachments
Appendix 1 OPA 157 Location Map
Appendix 2 OPA157 - Summary of Comments from Participants
Appendix 3 OPA 157 Amendment Document
Appendix 4 OPA 157 Amendment Schedule
Appendix 5 Distance Between Sites and Industrial Zoned Properties
Written by:
Brian Dick, Manager of Policy Planning
Andrew Bryce, Director of Planning
Submitted by: Status:
Andrew Bryce, Director of Planning Approved
- 09 Aug
2023
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 09 Aug
2023
Jason Burgess, CAO Approved
- 09 Aug
2023
Page 6 of 14
Page 35 of 544
APPENDIX 1
Page 7 of 14
Page 36 of 544
Appendix 2
OPA #157 – EMPLOYMENT LAND CONVERSION FRASER STREET AND
HAMILTON STREET SITES
SUMMARY OF COMMENTS
REMOTE OPEN HOUSE – June 28, 2023 @ 5pm
Name Submitted Comments Staff Response Staff Action
Aaron Butler,
Niagara
Planning
Group
• Inquired if the City has a
specific density target in
mind for the residential
lands and referenced
the new development of
Fourth Ave with a
density of 100 units/ha
• The City does not
have specific density
targets in mind, the
lands would be
subject to the
Residential policies. A
higher residential
density could be
considered on a site-
specific basis through
an Official Plan
Amendment.
No action
required.
Oleo Energies
Inc.
Daniele
Cudizio
5800 Thorold
Stone Road
• Inquired about the
mapping on the notice
including a rail spur that
is currently used for the
business and if the land
use change would
impact his ability to use
the property for this use
and how it would impact
the potential expansion
of the business.
• He indicated there are
already several
mitigation measures in
place as to not affect
the residential to the
north such as a berml.
• Raised a concern about
future residential
development being
impacted by the current
noise and vibration from
the industrial use that
the existing residential
is used to
• Staff recognized the
mapping error on the
map sent out in the
notice and ensured
the designation
change does not
include the rail spur.
• A future residential
development in this
area would need to
comply with D-6
guidelines due to
industrial use to the
west (across the
Hydro Canal).
Mapping error
to be corrected
in amendment
document.
Page 8 of 14
Page 37 of 544
Marc Beaudry,
Dun-Rite
Aluminum and
Vinyl Ltd.
4425 First
Avenue
• Indicated his question
about residential
density was previously
answered.
• Asked about the
proposed mapping only
covering a portion of
his property.
• Inquired if the
residential designation
could impact the
industrial use of the
property and if the
business would be
allowed to expand
• Staff indicated the
mapping followed
what was previously
in the Official Plan
which does not follow
parcel lines.
Additionally, the
portion of property
not included is
already residential so
the change in
designation would
make the property all
the same residential
designation.
• Staff indicated the
OPA is only changing
the designation not
the zoning which
does not impact the
use of property. The
industrial use can
continue except if
substantial change
which would then
require Committee of
Adjustment approval.
A substantial change
would also need to
be assessed against
the existing
residential land uses.
No action
required.
Linda Pope
and Stephen
Lucas
5626 George
Street
• Raised an issue that
she was unable to
receive a residential
mortgage from any
bank or credit union due
to the surrounding
industrial uses and
potential contamination.
• Indicate there are a
significant number of
trucks and noise in the
area resulting from the
industrial use
• Staff explained the
zoning would not be
changing just the
Official Plan
designation for future
uses.
Staff will
consider
however, the
existing zoning
for the subject
property will
remain in
place.
Page 9 of 14
Page 38 of 544
• Asked Staff to
reconsider the proposed
residential designation
for George Street since
there is limited
residential use and
concerns about
devaluing property and
possible resale.
Written Comments received through circulation
Name/Author Date Submitted Comments Staff
Response
Staff Action
Danaka
Kimber, City
GIS
June 15,
2023
No comment No response No action
required
Mike
Embleton,
Cogeco
June 15,
2023
No comment on the
proposed amendment.
No response No action
required
Abby
(LaForme)
Lee,
Mississaugas
of the Credit
First Nation
June 16,
2023
No comments or
concerns at this time.
No response No action
required
Taran
Lennard,
NPCA
June 16,
2023
No objections to the
proposed amendmen.t
No response No action
required
Willie
Cornelio,
Enbridge
June 28,
2023
No objections to the
proposed amendment.
No response No action
required
Talitha
Laurenson,
Ontario
Power
Generation
June 30,
2023
No objections to the
proposed amendment.
No response No action
required
Terry
Masterson
July 7,
2023
In support of proposed
amendment.
No response No action
required
Norm
Lingard, Bell
Canada
July 11,
2023
No comments or
concerns.
No response No action
required
Brian Kostuk,
Municipal
Works
July 14,
2023
No Concerns No response No action
required
Page 10 of 14
Page 39 of 544
Katie Young,
Niagara
Region,
Growth
Strategy and
Economic
Development
July 18,
2023
Satisfied that the
amendment is
consistent with
Provincial Policy
Statement and
conforms to Provincial
and Regional plans.
Amendment is exempt
from Regional Council
approval.
No response No action
required
Page 11 of 14
Page 40 of 544
PART 2 – BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 – BODY OF THE AMENDMENT, consisting
of the following Map and Text Changes, constitute Amendment No. 157 to the Official Plan
of the City of Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1.MAP CHANGE
The “Area Affected by this Amendment”, shown on the map attached hereto, entitled
“Map 1 to Amendment 157”, shall be identified as Residential and Special Policy
Area “91”on Schedule A – Future Land Use to the Official Plan.
2.TEXT CHANGE
PART 2, SECTION 13- SPECIAL POLICY AREAS is hereby amended by adding the
following subsection:
13.91 SPECIAL POLICY AREA “91”
Special Policy Area “91” applies to the 3.8 hectare site immediately north of Fairview
Cemetery and is bounded by Stanley Avenue to the east, George Street to the north
and the Hydro Canal to the west and a 2.5 hectare site located on lands along Second
and Fourth Avenue, north of Hamilton Street. New residential development on these
lands shall have regard for compatibility with nearby existing and future industrial uses
in terms of Provincial D-6 Guidelines or their equivalent.
Page 12 of 14
Page 41 of 544
APPENDIX 4
Page 13 of 14
Page 42 of 544
Light Industrial Use
40m
30m
120m
General Industrial Use
General Industrial Use
Light Industrial Use
30m
Page 14 of 14Page 43 of 544
Addresses: Fraser Street, west of Stanley Avenue and Hamilton Street, east of Fourth
Avenue
City initiated Official Plan Amendment
Proposal: Industrial Land Conversion
Official Plan
Amendment No. OPA 157
Page 44 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Location Map
Detached
dwellings
Commercial
Gale Centre
Detached
dwellings
General
Industrial Use
PROPOSED
REDESIGINATION
Commercial
Heavy Industrial
Use
PROPOSED
REDESIGINATION Page 45 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Location: Site 1
Commercial
Park
Industrial Use
Total area:
3.8 hectares
Fairview Cemetery
Former
Industrial Use
PROPOSED
LANDS FOR
REDESIGINATION Page 46 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Location: Site 2
Detached
dwellings
Former
Industrial Use
Total area:
2.5 hectares
PROPOSED
LANDS FOR
REDESGINATION Page 47 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Amendment Purpose
To investigate the conversion of two industrial (i.e.
employment lands) sites to a non-industrial use.
(Residential)
Current land use designation (Industrial) is historic.
Current use of the lands do not conform to the
Industrial designation in the City’s Official Plan.
Without the conversion, the introduction of an
industrial use to these areas could cause a future
land use conflict.Page 48 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Amendment Purpose
Page 49 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Planning Rationale
Sites are located outside of an established or
proposed employment area.
Sites are removed from surrounding employment
lands.
Sites are surrounded by non-employment uses on
3 sides.
Conversion would not create incompatible land
uses.
Conversion would not negatively impact other
employment lands in the area.Page 50 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Planning Rationale
Conversion would be consistent and supportive of the
City’s planning objectives.
Conversion does not go against City’s planning
objectives.
Sites offers limited market choice for employment
development due to small lot size,configuration and
market conditions.
Sites do not offer potential future expansion on
existing or neighbouring lands.Page 51 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Public Comments
No significant concerns raised by members of the
public or stakeholder agencies from OPA circulation.
To protect nearby existing or future industries from
potential conflicts,future residential development
shall have regard for Provincial D-6 guidelines or their
equivalent.Page 52 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
That Council approve Official Plan Amendment No. 157
subject to the consideration of public input presented at
the Public Meeting–November 14, 2023.Page 53 of 544
5555,5547,5539,5531,5523, 5584 FRASER STREET & 5602 GEORGE STREET NIAGARA FALLS
Project Architect
FRASER STREET RESIDENTIAL INFILL
Official Plan Amendment
Page 54 of 544
PROPOSED DEVELOPMENT
PROPOSAL:
•Redevelopment of a Brownfield Site
•Intensification/Infill Residential Development
•Change of Land Use for Compatibility with Neighboring
Properties
Official Plan Amendment:
•Proposed Designation: Site-Specific Residential
•Land Use Change from Industrial to Residential
•Conversion of Brownfield Site to Non-Employment Use
Page 55 of 544
PROPOSED DEVELOPMENT – LAND USE
SUBJECT SITE
The Proposed Site Is In the
Industrial Land Use However
Many Lots Surrounding The Site
Are Used For Residential
Purposes
Page 56 of 544
APPLICATION SURROUNDING CONTEXTPage 57 of 544
PROPOSED DEVELOPMENT – LAND USE
LAND USE LEGEND:
RESIDENTIAL HOUSING
24 Lots (72.7%)
COMMERCIAL/INDUSTRIAL
9 Lots (27.3%)
SUBJECT SITE
Page 58 of 544
CONTEXT PHOTOS
EXISTING SITE (NORTH ON FRASER STREET)
EXISTING SITE (NORTH ON GEORGE STREET)
EXISTING SITE (SOUTH ON FRASER STREET)
EXISTING SITE (SOUTH ON GEORGE STREET)Page 59 of 544
PROPOSED DEVELOPMENT – COMMUNITY IMPROVEMENT AREAS
SUBJECT SITE
PURPOSE
The purpose of this Brownfields
CIP is to provide a framework of
incentive programs and municipal
actions that will promote the
remediation, rehabilitation, and
adaptive reuse and overall
improvement of brownfield
properties throughout Niagara
Falls
(From Brownfield Community
Improvement Plan Feb 2006
Section 1.3.1)Page 60 of 544
CONCLUSION
IN SUMMARY:
•Requesting Subject Site be removed
from Employment Designation to
Permit a Site-Specific Rezoning
Process with the City for Purpose
Built Multi-Residential
•The Change Of Land Use Will
•Contribute To The
Diversification Of Housing
•Create an opportunity for
intensification
•Aid In The Community
Improvement of A Brownfield
Site
•Create A More Cohesive Use Of
Land In the Area
Page 61 of 544
4280 Fourth
Avenue,
Niagara Falls
Official Plan Amendment
No. 157
Prepared by NPG Planning SolutionsPage 62 of 544
•0.73 ha parcel on east side of Fourth Avenue
•Proposal for 72 stacked townhouse units, 3
storeys in height
•90 Parking spaces
•Brownfield site to be remediated to residential
standards
•There is an existing stacked townhouse
development 30 metres from the Subject Lands,
south of Gale Centre
4280 Fourth Avenue, Niagara Falls
Upcoming Development
Proposal
4280 Fourth Avenue
Page 63 of 544
Site PlanSite
Plan
Page 64 of 544
Elevations
(Fourth Ave)Page 65 of 544
•Previous use: Ball hockey facility w/ 2 rinks and a
clubhouse.
•Phase 1 & 2 ESA’s have been completed. City approved
$20,000 in grant funding.
•Contaminants identified on-site: soil & groundwater
exceedances; not from Cyanamid property
•A Remedial Work Plan is currently in progress. Plan
includes soil removal, in-situ treatment, backfilling,
continuous groundwater monitoring.
•Estimated Costs: the total cost of the Environmental
Remediation project is anticipated to be $1.175
Million.
4280 Fourth Avenue, Niagara Falls
Brownfield Remediation
Efforts
Page 66 of 544
•The area around the Subject Lands is primarily
residential, making it unsuitable for new
employment/industrial uses.
•The lands are not in an Employment Area. Already
transitioning to residential.
•Redesignation to residential uses will increase the
potential for Brownfield remediation due to increased
investment opportunity.
•Intensification of underutilized parcel in proximity to
Gale Centre, GO Station, Downtown, other amenities.
•Meets City’s criteria for conversion.
4280 Fourth Avenue, Niagara Falls
Planning Opinion of OPA 157
Page 67 of 544
Conclusion
Approval of OPA 157 is recommended for the following reasons:
1.The area, especially around Fourth Avenue is predominantly residential in
nature, making it unsuitable for industrial use.
2.Proximity to key amenities and community uses such as the Gale Centre,
GO Train station and Downtown Niagara Falls makes it a suitable location for
residential intensification.
3.Remediation of the lands must occur before residential use can continue.
Noted that studies and remedial work is underway with grant approval of
$20,000 from City.
Consider making independent decisions for two areas in question.
4280 Fourth Avenue, Niagara FallsPage 68 of 544
1
October 31, 2023 By email
Brian Dick, MCIP, RPP
Senior Manager, Policy Planning
RE: Notice of Meeting to Reconsider Refusal of OPA 157
4280 Fourth Avenue Development Proposal
Mr. Dick,
NPG Planning Solutions Inc. (NPG) are Planning Consultants to 1274505 Ontario Ltd.,
the Owner of 4280 Fourth Avenue in Niagara Falls. This letter is in response to the Notice
of a Meeting to Reconsider the Refusal of Official Plan Amendment (OPA) 157. Per the
Notice, OPA 157 proposes to convert two 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 centred around Fraser Street, west of Stanley Avenue and lands east of Fourth
Avenue, north of Hamilton Street. Our client’s lands are within the latter area, as shown
on the figure below. The lands are 0.7268 ha in area, with 86.55 metres of frontage on
Fourth Avenue and 9.14 metres of frontage at the northerly terminus of Third Avenue.
The purpose of this letter is to present City Council and Staff with an update on the
progress of the upcoming development proposal for the lands at 4280 Fourth Avenue,
and to comment on the reconsideration of OPA 157 taking place on November 14, 2023.
The Owner of 4280 Fourth Avenue has spent extensive time and resources in preparing
for a residential development application, including completing Phase One and Two
Environmental Site Assessments and Delineation, for which the City has approved
$20,000 in grant funding. The lands are considered a Brownfield site which will be
remediated to residential standards. This is detailed further in the letter.
The lands are located within a residential neighbourhood, with commercial and
institutional uses nearby. One other new stacked townhouse development has occurred
in this area at 4263 Fourth Avenue, which is less than 30 metres from the lands in
question. This site was also converted from “Industrial” designation to “Residential”.
Page 69 of 544
2
Upcoming Development Proposal for 4280 Fourth Avenue
A Pre-consultation meeting was initially held on December 1, 2022 for a development of
99 stacked townhouse units on the lands, requiring an Official Plan and Zoning By -law
Amendment. A number of studies were identified by City Staff and commenting agencies,
including:
• Planning Justification Report
• Site Plan and Building Elevations
• Phases One & Two Environmental Site Assessments
• Noise & Vibration Study
• Air Quality and Land Use Impact Study
• Municipal Servicing Study
• Stormwater Management Plan
• Tree Inventory Preservation Plan
• Parking Study
The above studies are underway, in anticipation of filing the requisite Planning Act
applications. Through the design process for the site, revisions to the initial concept have
been made. The forthcoming application will be for 72 stacked townhouse units, 3
storeys in height. The updated Site Plan and Elevations are attached to this letter for
4280 Fourth
Avenue
Page 70 of 544
3
information. The development consists of five separate townhouse blocks, with parking
in private garages and at grade to the rear (east) of the site. A total of 90 parking spaces
are proposed. The westerly two blocks are designed to face Fourth Avenue, creating a
positive relationship to the street and enhancing the public realm. These units will have
porches and front doors along Fourth Avenue, providi ng “eyes on the street”. Vehicular
access to the site is from Fourth Avenue only. No vehicular access is p lanned to the site
from Third Avenue.
Brownfield Remediation Efforts
The Owner has completed a Phase One Environmental Site Assessments (ESA), dated
August 11, 2022; and Phase Two ESA & Delineation, dated May 1, 2023; both by Hallex
Environmental Ltd. (Hallex). The lands were previously used for recreational/community
use as a ball hockey facility with two rinks and a clubhouse. The ESAs identified soil
exceedances to Ministry of Environment, Conservation and Parks (MECP) Site Condition
Standards for residential land uses, for fine textured soil for contaminant groups Metals,
Polycyclic Aromatic Hydrocarbons (PAHs), and Volatile Organic Compounds (VOCs).
Groundwater samples also revealed MECP exceedances for contaminant groups
Petroleum Hydrocarbons (PHCs), and VOCs. The soil and groundwater impacts were
associated with the following areas of environmental concern:
• Fill material observed across the site;
• Historic railway spur to the north;
• A former historic underground storage tank in the southwestern portion of the site;
and
• A plume of chlorinated solvents in soil and groundwater exhibiting a distribution
pattern in the southwest area of the site.
Soil and groundwater Impacts from the former Cyanamid lands to the north, were not
noted in the ESAs.
A Remedial Work Plan for the lands is underway. Remediation and development are
planned to occur in phases, starting at the north side of the site, moving south.
Remediation includes the removal and safe disposal of soil, in -situ treatment of soils and
groundwater, backfilling with clean material, and ongoing groundwater monitoring. Total
environmental costs are estimated to exceed $1.175 million, including studies,
remediation, placing of clean fill, and ultimately filing a Record of Site Condition to
residential standards.
Brownfield Community Improvement Plan Incentives
Of note, the City has approved grant applications for the lands, up to the maximum
amount eligible per property ($20,000), as follows:
Page 71 of 544
4
• Phase One ESA Study Grant: $12,500
• Phase Two ESA Study Grant: $7,500
On August 31, 2023 the Owner submitted an application to the City for Brownfield Tax
Assistance, which is currently under review.
Planning Opinion of OPA 157
It is our opinion that OPA 157 represents good land use planning and should be approved
for the following reasons. Our analysis has focused on the area around Fourth Avenue,
north of Hamilton Street, where our client’s lands are located:
• A majority of this area is already used for residential purposes, and it is unlikely
that the introduction of employment uses would be compatible with the residential
neighbourhood. It is unlikely that the area would be considered for industrial uses.
• The lands are not located within an Employment Area as determined by the
Niagara Region and City of Niagara Falls. The lands are not needed to
accommodate the City’s forecasted employment growth.
• The re-designation of the area to Residential provides for intensification
opportunities within the Built-Up Area, especially for underutilized parcels such as
4280 Fourth Avenue. The area is well-suited for residential development given its
location near the Gale Centre, the Niagara Falls GO Station, Downtown Niagara
Falls, and other community services/amenities.
• A Residential designation for the area increases the likelihood of remediation of
Brownfield sites such as 4280 Fourth Avenue. Sites with soil and/or groundwater
contaminants may not be remediated under an Industrial designation due to the
high costs involved.
• The surrounding area has already started to transition to non -employment area
uses and is therefore suitable for further residential development (i.e., the Gale
Centre, Stacked Townhouse Development at 4263 Fourth Avenue).
• The area meets the criteria for employment land conversion noted in the City’s own
employment lands strategy.
Conclusion
In my professional planning opinion, OPA 157 should be approved for the reasons noted
in this letter. My analysis has focused on the area surrounding Fourth Avenue, where my
client’s lands are located at 4280 Fourth.
The majority of the area is already used for residential purposes, and it is unlikely that the
area would be considered for industrial use. The area is well suited for residential infill
and intensification, located in proximity to the Gale Centre, the GO Transit Station,
Page 72 of 544
5
Downtown Niagara Falls, other community and commercial amenities, and has seen
recent new residential development (i.e., 4263 Fourth Avenue).
The lands at 4280 Fourth Avenue are a Brownfield site which require remediation prior to
a residential use occurring. My client has engaged other professionals to carry out
Environmental Phase One and Two Studies (and Delineation), and is in the midst of
preparing a Remedial Work Plan to remediate the site. The City has approved funding in
the amount of $20,000 for these studies and is reviewing a Brownfield Tax Assistance
Application for the lands. Environmental remediation of the site is estimated to exce ed
$1.175 million.
Recognizing that the Planning Act permit appeals of Council decisions on Official Plan
Amendments, it is respectfully suggested that Council consider voting independently on
the two areas in question (Fraser area and Fourth Ave area) in order to separate decisions
on the matter.
I look forward to speaking on this matter at the November 14, 2023 Council meeting.
Please do not hesitate to reach out in advance if you have any questions.
Sincerely,
_____________________________________
Aaron Butler, MCIP, RPP
Principal Planner, Niagara
NPG Planning Solutions Inc.
C 905-246-1576
abutler@npgsolutions.ca
Copied by email: Bill Matson, City Clerk
Mr. Khaled Ibrahim, 1274505 Ontario Ltd.
Mr. Kevin Christian, Hallex Environmental Ltd (EON)
Page 73 of 544
RELOCATEDEXISTINGFIRE HYDRANTEXISTING WATER VALVEFOURTH AVENUESNOW STORAGESNOW STORAGECONCRETE SIDEWALKCONCRETE SIDEWALKCONCRETE SIDEWALKPROPERTY LOT FRONTAGE = 86.55 mBUILDING "A"18 UNITSAREA = 538.00 m2MAIN FLOOR BALCONY5.50 m13.72 m11.54 m13.72 m11.54 m13.72 m30.84 m4.50 mBUILDING "C"12 UNITS3.15 m6.00 m3.15 mSECOND FLOOR DECKS4.95 m5.26 m1.22 m6.00 m2.52 m1.80 mCONCRETE SIDEWALKSNOW STORAGE1.22 m6.00 m6.00 m3.28 m1.22 m6.00 m2.52 m1.80 m1.22 m6.00 m1.50 m6.00 m6.00 m6.00 m6.00 m5.62 m49627083844.50 m
CONCRETE SIDEWALKCONCRETE SIDEWALKCONCRETE SIDEWALKCONCRETE SIDEWALKCONCRETE SIDEWALKCONCRETE SIDEWALKCONCRETE SIDEWALKCONCRETE SIDEWALK3.00 m3.00 mEQEQ3.00 m3.00 mAREA = 360.00 m2CONCRETE STEPS(TYPICAL)4.71 m5.50 m13.72 m11.54 m13.72 m16.50 mMOLOK DISPOSAL & RECYCLE CONTAINERS39.22 m12.31 m26.22 m39.22 m12.73 m26.22 mSECOND FLOOR DECKSSECOND FLOOR DECKSSECOND FLOOR DECKSSECOND FLOOR DECKS26.22 mMAIN FLOOR BALCONYMAIN FLOOR BALCONYMAIN FLOOR BALCONY1.80 m(TYP.)2.75 mSNOW STORAGE(TYP.)2.75 m3.90 m1.50 m3.90 m1.50 m71(TYP.)2.75 m1.50 m3.90 m1.50 m3.90 mFIRE ACCESS ROUTER 12.00 mR 12.00 mR 9.00 mR 9 .0 0 m
6.91 m9.14 mC.L. OF ROADC.L. OF ROAD57.69 mFIRE ACCESS ROUTECONCRETE SIDEWALK4.71 mSNOW STORAGESNOW STORAGESNOW STORAGE3.70 m1.80 mCONCRETE SIDEWALK4.70 m(TYP.)2.75 m(TYP.)2.75 m1.00 m1.00 mCONCRETE SIDEWALKMOLOK DISPOSAL & RECYCLE CONTAINERSMOLOK DISPOSAL & RECYCLE CONTAINERSMOLOK DISPOSAL & RECYCLE CONTAINERSMOLOK DISPOSAL & RECYCLE CONTAINERS90EXISTING CONCRETE SIDEWALKEXISTING CONCRETE SIDEWALKBUILDING "D"12 UNITSBUILDING "E"12 UNITS4.50 m1.18 m2.52 m1.80 m1.22 m6.00 m2.52 m4.77 m AREA = 360.00 m2AREA = 360.00 m2SNOWSTORAGE3.81 m4.00 m3.72 mSNOWSTORAGE(TYP.)2.75 m4.50 m6.00 m6.00 m5.62 m6.00 m6.00 m8.47 m8.25 m6.00 m3.70 m1.80 m3.70 m12 PARKING SPACESBUILDING "B"18 UNITSAREA = 538.00 m212 PARKING SPACES1.00 mSNOWSTORAGE2.77 m1.39 m1.00 m8 PARKING SPACES8 PARKING SPACES8 PARKING SPACESCONCRETE STEPS(TYPICAL)CONCRETE STEPS(TYPICAL)CONCRETE STEPS(TYPICAL)CONCRETE STEPS(TYPICAL)6 x 6 POST (TYPICAL)6 x 6 POST (TYPICAL)6 x 6 POST (TYPICAL)6 x 6 POST (TYPICAL)6 x 6 POST (TYPICAL)WENSGALE CENTRE ARENA 4th. AvenueHamilton StreetHamilton StreetStanley AvenueStanley AvenueThorold Stone Road4th. AvenueSUBJECT PROPERTYFORMER LANDS OF THENiagara Regional Street Hockey CentreSUBJECT PROPERTYHamilton Street4th. AvenueFORMER LANDS OF THENiagara Regional Street Hockey Centre5th. Avenue3th. AvenueHamilton Street4280 Fourth AvenueNiagara FallsLIREZONED RESIDENTIAL4280 FOURTH AVE.R2R2OS (OPEN SPACE)OS (OPEN SPACE)GCSUBJECT PROPERTYFORMER LANDS OF THENiagara Regional Street Hockey CentreREZONED RESIDENTIALZONING REQUIREMENTSZONING COMPLIANCELOT AREA = 7268.29 m2 = 100%LANDSCAPING AREA = 1493.69 m2 = 20.55 %SITE DATARESIDENTIAL PARKING = 86 SPACESACCESSIBLE PARKING = 4 SPACESRESIDENTIAL DWELLING UNITS = 72 UNITSTOTAL PARKING = 90 SPACES72 UNIT APARTMENT DWELLINGSTOTAL BUILDING AREAS = 2156.00 m2 = 29.66 %ZONING PROVIDED100.95 square metres per dwelling unit86.55 metres5.50 metres16.50 metres & 30.84 metres12 metres maximum4.50 metres minimumnot applicablenot applicablenot applicablenot applicable1.25 x 72 = 90 spaces YESYESYESNONOnot applicablenot applicableYES29.66%YESYESYESNO32.11 % total landscaping areaRequire 20 m2 per dwelling unit72 x 20 = 1440.00 sq.m.JASON PIZZICAROLA DESIGN - ARCHITECTS INC209 RIDGE ROAD NRIDGEWAY, ONTARIO, L0S 1N0T. 905-894-8300F. 905-894-8400e-mail jpizzicarola@jpdesign.caCERTIFICATE OF PRACTICE : # 4053SHEET TITLE:SHEET NO:SCALE:JOB #:DRAWN BY:APPROVED:J.T.F.J.P.D.As indicatedC:\Users\Todd\Cloud-Drive\1. Working Files\JPD\2023\4280 Fourth Ave., Niagara Falls\Revit\4280 Fourth Avenue, Niagara Falls - 10.28.23.rvt10/30/2023 6:51:57 PMA0-03SITE PLANPROPOSEDSTACKEDTOWNHOUSES4280 Fourth AvenueNiagara Falls1 : 2001SITE PLAN1 : 50003KEY MAP1 : 16004LOCATION MAP1 : 20002ZONING MAPNo. Description Date
Page 74 of 544
T.O. MAIN FLOOR PLANT.O. SECOND FLOORT.O. THIRD FLOORU/S OF ROOFFINISHED GRADEENTRANCE LANDINGTOP OF ROOF9.75 mTOP OF PARAPET10.77 mPRE-FINISHED METAL INSULATED ENTRY DOORSALUMINUM CLAD FREIZE, TRIMS & FLASHINGSGLASS & ALUMINUM GUARDRAILSSTUCCO & HARDIE CEMENT BOARD EXTERIOR WALL FINISHESBRICK VENEERSTONE VENEERT.O. MAIN FLOOR PLANT.O. SECOND FLOORT.O. THIRD FLOORU/S OF ROOFFINISHED GRADEPRE-FINISHED METAL INSULATED GARAGE DOORSGLASS SLIDING DOORSALUMINUM CLAD FREIZE, TRIMS & FLASHINGSGLASS & ALUMINUM GUARDRAILSSTUCCO & HARDIE CEMENT BOARD EXTERIOR WALL FINISHES1/8" = 1'-0"1FRONT WEST SIDE ELEVATION1/8" = 1'-0"2RIGHT SOUTH SIDE ELEVATION1/8" = 1'-0"3REAR EAST SIDE ELEVATION1/8" = 1'-0"4LEFT NORTH SIDE ELEVATIONJASON PIZZICAROLA DESIGN - ARCHITECTS INC209 RIDGE ROAD NRIDGEWAY, ONTARIO, L0S 1N0T. 905-894-8300F. 905-894-8400e-mail jpizzicarola@jpdesign.caCERTIFICATE OF PRACTICE : # 4053SHEET TITLE:SHEET NO:SCALE:JOB #:DRAWN BY:APPROVED:JTFJPD1/8" = 1'-0"C:\Users\Todd\Cloud-Drive\1. Working Files\JPD\2023\4280 Fourth Ave., Niagara Falls\Revit\4280 Fourth Avenue, Niagara Falls - 10.28.23.rvt10/30/2023 6:52:31 PMA2-01ELEVATIONSPROPOSEDSTACKEDTOWNHOUSES4280 Fourth AvenueNiagara FallsNo. Description Date
Page 75 of 544
1
The Niagara Falls Shadow Council
"The Official Opposition Party of the City of Niagara Falls 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 #11-14-2023-04
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 5.1
Memo from Planning - Meeting to Reconsider Refusal of Official Plan
Amendment 157 Fraser Street, west of Stanley Avenue and lands
east of Fourth Avenue, north of Hamilton Street
Council,
Council made a decision on this already, it will be interesting to see if council is in the
business of changing their decisions, especially when no public entity has presented a
formal request to do so.
When you look at the grand scheme of this proposal, there is only one true issue to
consider, do you want to continue the process of removing employment lands from our
downtown (ish) area.
Former councils decided that the path to guide Niagara Falls development was a
transition from an industrial base to a tourist/services base.
Subsequently, the Niagara Falls industrial based either left entirely or got segregated to
isolated parts of the city.
The service industry is one of the least paying professions.
Can any person with a service profession wage afford to purchase a home, I don't think
so.
It is extremely important to maintain our current stock of employment lands to be able to
provide the opportunity for jobs with higher wages.
Furthermore, it is important to keep uses integrated, a dynamic system is much more
desirable and resilience than a specialized system.
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2
There tends to an undeniable principle in that, a concentration of anything, even with
good intentions, usually comes with unforeseen detrimental consequences.
Yes, there is a valid reasoning for the transition of these areas to residential, just as there
is an equally valid reason for transitioning the immediate surrounding residential lands to
industrial.
All you have to do is look at the plan view of the city and ask yourselves, do you prefer
this area to have no industrial uses, and not just those proposed? Eventually, the pressure
to change all the surrounding lands will bear down on all the surrounding industrial lands.
When I look at that plan view, I see an ideal area to have a small localized employment
area in that part of the city.
There is plenty of land in other places of the city to provide residential uses, this cannot
be said of employment lands.
I both live and work in this part of the city and have been noticing that employment uses
are slowly leaving and or are being forced out.
I am having to travel further and further to seek employment related services.
The banks, the repair shops, the gas stations, food stores, they're all disappearing from
this area.
If you make this decision to remove these irreplaceable, (you remove them, they're never
ever coming back), areas that provide these service opportunities, I sense you are doing
an unforeseen disservice to the people who reside here.
I am adamantly opposed to displacing any more employment lands in this area.
If I was sitting on council, I would motion to deign this request and vote as such.
It is recommended that council not forward this proposed reconsideration.
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 77 of 544
3
Joedy Burdett
President of the Niagara Falls Shadow Council
"The Official Opposition Party of the City of Niagara
Falls 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 and "The Official Opposition Party of the City of Niagara Falls
Council" are 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 78 of 544
PBD-2023-68
Report
Report to:Mayor and Council
Date:November 14, 2023
Title:
AM-2023-015
Official Plan and Zoning By-law Amendment Application
2358-2378 Portage Rd, 2495 Stanley Ave
Applicant: Darren & Lori Schmahl
Agent: Aaron Butler (NPG Planning Solutions Inc.)
Recommendation(s)
1. That Council approve the requested Official Plan & Zoning By-law amendment
application, in part, to permit a Vacation Rental Unit on 2358 Portage Road in
accordance with Section 4.38 of Zoning By-law 79-200, as amended, and as
detailed in Appendix A and B;
2. That Council deny the requested Official Plan & Zoning By-law amendment
application, in part, to permit a Vacation Rental Unit on 2378 Portage Road, the
vacant lot, and 2495 Stanley Avenue; and,
3. That the amending zoning by-law include a Holding (H) provision to require a
development agreement be registered on title to place a warning clause on 2358
Portage Road.
Executive Summary
The applicant is proposing a special policy area and a site specific Residential 1E
Density (R1E) zone to include a Vacation Rental Unit (VRU) as a permitted use on 2358
Portage Road, a vacant lot, 2378 Portage Road, and 2495 Stanley Avenue for a total of
4 VRUs on the subject lands. Staff recommend a VRU only be permitted on 2358
Portage Road for the following reasons:
Staff’s recommendation conforms to Provincial and Regional policies as the
subject land is located within the settlement area, utilizes existing infrastructure,
minimizes land consumption, and contributes to the diversification of economic
activity;
Restricting the VRU permissions to one property will ensure the character of the
residential nature of the block is maintained;
2358 Portage Road has 3 bedrooms, the vacant lot an undetermined number of
bedrooms, and 2378 Portage Road and 2495 Stanley Avenue have 2 bedrroms,
and CMHC vacancy data shows a 4.2% vacancy rate for 3 bedroom dwelling
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units and a 2% vacancy rate for 2 bedrooms, whereas 3% or more is generally
considered a healthy vacancy rate; and,
A Holding (H) provision will be placed on 2358 Portage Road to ensure all
warning clauses are registered on title.
Background
Proposal
Darren & Lori Schmahl have requested an Official Plan amendment and Zoning By-law
amendment for each of 2358 Portage Road, a vacant lot, 2378 Portage Road, and 2495
Stanley Avenue (collectively referred to as the subject lands) to include a vacation rental
unit as a permitted use on each. Schedule 2 shows the site sketch that details the four
properties.
The subject lands are designated Residential in the City’s Official Plan. The application
is requesting a special policy area designation to include a vacation rental unit (VRU) as
a permitted use for each of the four properties.
The subject land is currently zoned Residential 1E Density (R1E) in accordance with
Zoning By-law No. 79-200, as amended. The applicant is asking to include a VRU as a
permitted use subject to the regulations of section 4.38 of Zoning by-law 79-200, as
amended.
Site Conditions and Surrounding Land Uses
The subject lands are located on the southwest corner of Portage Road and Stanley
Avenue. To the north and west of the subject lands is a 3 storey apartment building; to
the east are detached dwellings; and to the south is a hydro corridor.
The subject lands consist of four separate properties. One parcel is vacant with trees;
2358 Portage contains a detached house and “The Halfway,” a designated heritage
building; 2378 Portage Road contains a detached dwelling; and 2495 Stanley Avenue
contains a detached dwelling.
Circulation Comments
divisions, City to was ZBA circulated OPA requested the about Information and
agencies, and the public for comments. The following summarises the comments
received to date:
Building, Cogeco, Enbridge, GIS, Municipal Works, Niagara Region,
Transportation Services, Urban Design and Landscaping
o No objections or concerns.
CN Railway
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o A warning clause is required on each property due to their proximity to the
CN Railway. This will be addressed through a Holding (H) Provision and
Development Agreement.
Fire Services
o A municipal business license is required to be obtained for all Vacation
Rental Units.
Neighbourhood Comments
The neighbourhood open house was held on September 25, 2023, attended by the
applicants, the applicant’s agent and 2 members of the public. One member of the
public was there in support of the applicants, and the other member of the public
attended without providing comments. One set of written comments in support of the
application have been received 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 proposed development satisfies matters of provincial interest as outlined in
Section 2 of the Planning Act;
The proposed development is located within a settlement area, which is intended
for development;
The proposal contributes to the financial well-being of the City by utilizing existing
infrastructure and minimizing land consumption;
The proposal is adjacent to active transportation routes (see Schedule 3); and,
The proposed VRU promotes economic development and prosperity by
permitting an alternative accommodation-type for the vacationing and the
travelling public.
2. Regional Official Plan
The subject land is designated as Built-Up Area in the Region’s Official Plan. The
Region’s Official Plan policy directs development to the Urban Area but does not speak
specifically to Vacation Rental Units.
3. City’s Official Plan
The Official Plan designates the subject lands as Residential, which does not permit
Vacation Rental Units. The Official Plan permits Vacation Rental Units as of right in the
Major, Minor, and Tourist Commercial designations where accommodations are
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anticipated to service commercial areas. The application requests a Special Policy Area
to permit a Vacation Rental Unit on each property. When reviewing an Official Plan
amendment for a Vacation Rental Unit, applications will be processed on a site-by-site
basis and subject to the following criteria:
1.12.1 Vacation Rental Units are limited to single or semi-detached dwellings or a
second unit to a principal dwelling unit.
The proposal requests a Vacation Rental Unit in three existing detached dwelling units
and a fourth on the vacant land should a detached dwelling be constructed in the future.
1.12.2 Vacation Rental Units shall be limited to 3 bedrooms to ensure the scale and
physical character is compatible with the surrounding neighbourhood.
The application has identified that 2378 Portage Road and 2495 Stanley Avenue each
contain a maximum of 2 bedrooms, and 2358 Portage Road contains a maximum of 3
bedrooms. If a detached dwelling were constructed on the vacant lot, it should be
limited to a maximum of 3 bedrooms as per Official Plan policy. This would result in 10
bedrooms for Vacation Rental Unit purposes within the residential block. Limiting the
proposal to one Vacation Rental Unit on one property would improve compatibility with
the surrounding neighbourhood by reducing the number of bedrooms for the residential
block.
1.12.3 Parking and landscaping shall be consistent with the residential environment.
The parking and landscaping are currently consistent with the residential environment of
the area as parking and landscaping is located on the subject lands in typical locations
for a residential use (i.e. backyards are landscaped, the front yard has landscaping,
parking is located in the driveway, etc). A future detached dwelling on the vacant lot
would be required to meet the implemented Zoning provisions, which would provide
consistency with the residential environment.
1.12.4 The size of the lot, the provision of landscaped amenity space, ability to
accommodate required parking, nature and classification of the street and the
proximity to tourist areas shall be considered.
The size of each lot, the landscaped amenity area on each lot, and the parking for each
lot is sufficient for the proposed use as it complies with the implementing R1E zone.
Each property fronts onto two arterial roads (Stanley Avenue and Portage Road), which
is sufficient for servicing commercial uses. In addition, Stanley Avenue often acts as an
entry corridor for the travelling public.
2358 Portage Road and 2495 Stanley Avenue abut an active transportation network
(see Schedule 3) and an entry corridor (Stanley Avenue) into the City’s central tourist
area. The City’s central tourist area is approximately 4.5 km from the proposal. The
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nearest tourist area and Tourist Commercial designation identified in the City’s Official
Plan is 2.3 kilometres from the subject lands, located in the Whirlpool Satellite Tourism
District, which is approximately 5 minutes by car, 10 minutes by bike, and 40 minutes by
foot.
1.12.5 An undue concentration of Vacation Rental Units is to be avoided in order to
reduce the impact on the character of the residential nature of the area and
residential enjoyment of permanent residents.
The submitted Planning Justification Report states that an undue concentration will be
avoided as all properties will function as Vacation Rental Units, if approved, and
therefore have no impact on residential nature and enjoyment since the four properties
are isolated from the adjacent neighbourhood by two arterial roads and the hydro
corridor to the south.
Staff are of the opinion that four Vacation Rental Units will create an undue
area the of nature residential the by character the impact and concentration of
eliminating the residential use from the block. If each property is permitted to operate as
a Vacation Rental Unit, the residential nature of the block will disappear as each
property, and the block, will be used for a commercial purpose.
An undue concentration of VRUs can be avoided by limiting the proposal to one
Vacation Rental Unit. Permitting one Vacation Rental Unit at 2358 Portage Road will
ensure the block remains primarily residential in nature, abut as few properties as
possible, potential lessens and character therefore the preserves and residential
impacts on the enjoyment of permanent abutting residents.
1.12.6 To ensure lands designated as Residential meet the primary purpose of
providing dwellings for a wide range of households, Council shall consider the
current vacancy rate(s) and supply of available housing for tenants.
Generally, a 3% vacancy rate is considered healthy, as stated in the Official Plan’s
policies for rental conversion. The current CMHC vacancy rates show a 4.2% vacancy
rate for townhouse and apartment units with 3+ bedrooms, and a vacancy rate of 2.0%
for townhouses and apartment units with 2 bedrooms. An overall vacancy rate of 2.9%
is shown for the City of Niagara Falls.
A vacancy rate of 3% results in sufficient options for renters while providing landlords
with enough demand to rent their units for a reasonable rate. As such, Planning Staff
recommend the vacant lot, 2378 Portage Road, and 2495 Stanley Avenue continue to
be used for residential purposes to assist the City in reaching a healthy vacancy rate of
3%.
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Planning Staff further recommend the Vacation Rental Unit permissions be restricted to
2358 Portage Road as it contains 3 bedrooms and CMHC data demonstrates a
healthier vacancy rate (4.2%) for units with 3 or more bedrooms.
If the vacancy rate increases for the City in the future, Planning Staff can re-evaluate
permissions for Vacation Rental Units at that time in combination with the other
applicable policies (i.e. concentration and compatibility).
1.12.7 Vacation Rental Units will be subject to a licensing by-law passed under the
Municipal Act, 2001, designed to regulate the operational aspects of Vacation Rental
Units including, but not limited to: compliance with zoning; excessive noise; garbage
disposal; property standards and adequate insurance.
The applicant will be required to apply for and obtain a VRU license, if approved.
The City’s Official Plan also contains policies regarding the conservation of heritage
resources, and how development shall occur surrounding significant heritage properties.
The application does not propose any changes to the designated building. If any
alterations are proposed in the future, they would be required to go through the Heritage
Permit process for approval.
In conclusion, the proposal is not located near a tourist area identified in the City’s
Official Plan, but 2358 Portage Road and 2495 Stanley Avenue abut an entry corridor
into the central tourist district. Based on policy, Planning Staff are unable to support a
Vacation Rental Unit on each property due to current vacancy rates and undue
concentration. However, Planning Staff can support a Vacation Rental Unit at 2358
Portage Road as it is located on an entry corridor to the City’s central tourism district
and contains 3 bedrooms, which CMHC data shows as having a healthy vacancy rate of
4.2%.
Please see Appendix A for the draft Official Plan Amendment.
4. Zoning By-law
The applicant has requested a site specific Residential 1E Density (R1E) zone to permit
a Vacation Rental Unit on each property. Based on the above-noted policy review,
planning staff are recommending that one Vacation Rental Unit be permitted. Staff
further recommend the Vacation Rental Unit be restricted to 2358 Portage Road.
No site specific regulations have been requested. The Vacation Rental Unit will be
subject to the regulations of Section 4.38 of Zoning By-law 79-200, as amended.
Please see Appendix B for the draft Zoning By-law Amendment.
5. Holding Provision
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A Holding (H) provision is recommended to be placed on 2358 Portage Road until a
Development Agreement has been registered on title to address the required warning
clauses provided by Canadian National Railway.
6. Alternative Recommendation
Although not recommended by Staff, should Council wish to recommend approval to
permit a VRU unit on 2358 Portage Road and 2495 Stanley Avenue, Staff present the
following recommendation for Council's Consideration:
1. That Council approve the requested Official Plan & Zoning By-law amendment
application, in part, to permit a Vacation Rental Unit on 2358 Portage Road and
2495 Stanley Avenue in accordance with Section 4.38 of Zoning By-law 79-200,
as amended;
2. That Council deny the requested Official Plan & Zoning By-law amendment
application, in part, to permit a Vacation Rental Unit on 2378 Portage Road and
the vacant lot; and,
3. That the amending zoning by-law include a Holding (H) provision to require:
a. A development agreement be registered on title to place a warning clause
on 2358 Portage Road and 2495 Stanley Avenue; and,
b. The CMHC vacancy rate for 2 bedrooms units in Niagara Falls to increase
to 3% prior to a Vacation Rental Unit being permitted on the property at
2495 Stanley Avenue.
Operational Implications and Risk Analysis
No operational implications and risk analysis.
Financial Implications/Budget Impact
The proposal requires a license from the Clerk’s department but does not require any
permits from the Building department. As such, there will be no development charges
collected nor a change in the tax assessment.
Strategic/Departmental Alignment
This proposal contributes to a diverse economy.
List of Attachments
Schedule 1 - Location Map
Schedule 2 - Conceptual Site Plan
Schedule 3 - Niagara Falls Trails & Bikeways
Appendix A - Draft Official Plan Amendment
Appendix B - Draft Zoning By-law Amendment
Written by:
Alexa Cooper, Planner 2
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Submitted by:Status:
Andrew Bryce, Director of Planning Approved
- 06 Nov
2023
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 06 Nov
2023
Jason Burgess, CAO Approved
- 08 Nov
2023
Page 8 of 18
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SCHDULE 1
(Location Map)
Stanley Ave Subject
Lands
Page 9 of 18
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SCHDULE 2
(Conceptual Site Plan)
VACANT LOT
2378 PORTAGE ROAD
2495 STANLEY
AVE
2358 PORTAGE
ROAD
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SCHEDULE 3
(Niagara Falls Trails and Bikeways)
Subject Lands
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CITY OF NIAGARA FALLS
By-law No. 2023-XX
A by-law to provide for the adoption of Amendment No. 163 to the City of Niagara Falls
Official Plan (AM-2021-015).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL
MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS:
1. Amendment No. 163 to the City of Niagara Falls Official Plan, constituting the
attached text and map, is hereby adopted.
Read a First, Second and Third time; passed, signed and sealed in open Council
this XX day of MONTH, 2023.
........................................................ ......................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
APPENDIX A
(Draft Official Plan Amendment)
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OFFICIAL PLAN AMENDMENT NO. 163
PART 1 – PREAMBLE
(i) Purpose of the Amendment
The purpose of the amendment is to permit a Vacation Rental Unit on the subject
lands.
(ii) Location of the Amendment
The amendment applies to lands shown as Special Policy Area XX on Map 1 to
Amendment No. 163 to the Official Plan.
(iii) Details of the Amendment
Map Changes
MAP 1 - Schedule “A” to the Official Plan – Future Land Use has been amended to show
the Residential designation with – Special Policy Area XX.
Text Change
PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of
Subsection 13.XX.
(iv) Basis of the Amendment
The applicant proposes to use an existing detached dwelling on the subject lands as
a Vacation Rental Unit.
The subject lands are designated Residential as shown on Schedule A – Future Land
Use of the City’s Official Plan.
Part 2, Section 1.17 of the Official Plan provides policies to guide the location and
establishment of Vacation Rental Units. The amendment meets the intent of these
policies as follows:
• The use is limited to a detached dwelling with 3 bedrooms to ensure the scale
and physical character is compatible with the surrounding neighbourhood;
• The subject land is an appropriate size to accommodate parking and
landscaping and they are located in areas consistent with the residential area;
• The site abuts an entry corridor into the City;
• The amendment will not create an undue concentration of Vacation Rental
Units as it is limited to one detached dwelling; and,
• The current available vacancy rates have been considered and the City will
continue to be able to provide residential dwellings to a wide range of
households.
APPENDIX A
(Draft Official Plan Amendment)
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PART 2 - BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the
following text and attached map, constitute Amendment No. 163 to the Official Plan of the City of
Niagara Falls.
DETAILS OF THE AMENDMENT
The Official Plan of the City of Niagara Falls is hereby amended as follows:
1. MAP CHANGE
The "Area Affected by this Amendment", shown on the map attached hereto, entitled "Map
1 to Amendment No. 163", shall be identified as Special Policy Area XX on Schedule A –
Future Land Use of the Official Plan.
2. TEXT CHANGE
a. PART 2, SECTION 13 – SPECIAL POLICY AREAS, is hereby amended by adding
the following subsection:
13.XX SPECIAL POLICY AREA “XX”
Special Policy Area “XX” applies to approximately 0.2 hectares of land located on
the south west corner of Stanley Avenue and Portage Road. Notwithstanding the
permitted uses provisions of Part 2, Policy 1.1, a Vacation Rental Unit is permitted
to operate within the existing detached dwelling on the subject land.
S:\OFFICIAL.PLN\AMEND\#163 - Portage & Stanley VRUs\OPA 163.docx
APPENDIX A
(Draft Official Plan Amendment)
Page 14 of 18
Page 92 of 544
APPENDIX A
Page 15 of 18
Page 93 of 544
CITY OF NIAGARA FALLS
By-law No. 2023-XXX
A by-law to amend By-law No. 79-200, to permit the use of the Lands for a Vacation
Rental Unit, subject to the removal of a holding (H) symbol (AM-2023-015).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law
are described in Schedule 1 of this by-law and shall be referred to in this by-law
as the “Lands”. Schedule 1 is a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by
this by-law. In the case of any conflict between a specific provision of this by-law
and any existing provision of By-law No. 79-200, the provisions of this by-law are
to prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The permitted uses shall be:
(a) A Vacation Rental Unit in the existing dwelling unit in accordance
with the regulations contained in Section 4.38 of By-law No. 79-200
(b) The uses permitted in the R1E zone
5. The regulations governing the permitted uses shall be the regulations specified
for an R1E use.
6. All other applicable regulations set out in By-law No. 79-200 shall continue to
apply to govern the permitted uses on the Lands, with all necessary changes in
detail.
7. No person shall use the Lands for a use that is not a permitted use.
8. No person shall use the Lands in a manner that is contrary to the regulations.
9. The holding (H) symbol that appears on Schedule 1 attached hereto is provided
for in the City of Niagara Falls Official Plan pursuant to Section 36 of the
Planning Act. No person shall use the Lands described in section 1 of this by -law
and shown hatched and designated R1E(H) and numbered XXXX on the plan
Schedule 1 attached hereto for any purpose, prior to the H symbol being
APPENDIX B
(Draft Zoning By-law Amendment)
Page 16 of 18
Page 94 of 544
2
removed pursuant to the Planning Act. Prior to the H symbol being removed, a
development agreement is required to be registered on title to address the
required warning clauses identified by the Canadian National Railway.
10. The provisions of this by-law shall be shown on Sheet C2 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from R1E to R1E(H) and numbered
XXXX.
11. 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 XXth day of MONTH, 2023.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
S:\ZONING\AMS\2023\AM-2023-015 - Portage Road, 2358 to 2378 & Stanley Avenue, 2495 (PIN#'s 2059, 236250, 236249,
236251)\9 By-law\Bylaw - AM-2023-015.docx
(Draft Zoning By-law Amendment)
APPENDIX B
Page 17 of 18
Page 95 of 544
(Draft Zoning By-law Amendment)
APPENDIX B
Page 18 of 18
Page 96 of 544
2358-2378 Portage Road & 2495 Stanley Avenue – AM-2023-015
Applicant: Darren & Lori Schmahl
Agent: NPG Planning Solutions Inc (Aaron Butler)
Proposal: To add a Vacation Rental Unit as a permitted use on each of 4 properties
Official Plan & Zoning By-law Amendment Application
AM-2023-015
Page 97 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Location
SUBJECT
LANDS
Draft approved
townhouse
development
Single Detached
Dwellings
2378
Portage
Vacant Lot
2358 Portage
2495 Stanley
Page 98 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Concept Plan
2378 Portage Rd
Vacant
Land
2495
Stanley
Ave
2358
Portage Rd
Page 99 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Background
•Applicant has submitted an Official Plan (OPA) and Zoning By-law (ZBA) amendment for
approximately 0.33 ha (0.82 acres) of land.
Official Plan Amendment
•The land is designated Residential in the City’s Official Plan, which does not permit Vacation
Rental Units (i.e. Airbnb’s).
•The OPA requests a Special Policy Area be placed on the property to include a Vacation
Rental Unit as a permitted use on each property.Page 100 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Background
Zoning By-law Amendment
•The subject lands are zoned Residential 1E (R1E) Density zone under Zoning By-law 79-200.
•The application requests the subject land be rezoned to a site -specific Residential 1E (R1E)
Density zone to add a Vacation Rental Unit (VRU) as a permitted use for each property.
•If approved, this would permit 1 Vacation Rental Unit in each detached dwelling and permit a
Vacation Rental Unit in a future detached dwelling for a total of 4 VRUs.
•No site specific zoning regulations have been requested for setbacks, lot coverage, etc. Page 101 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Neighbourhood Comments
•An Open House was held on September 25, 2023. There were two members in attendance.
One voiced support of the application and the other provided no comments.
•One set of comments have been received in support of the application to date.Page 102 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
•That Council approve the proposed Official
Plan and Zoning By-law amendment
application, in part, for reasons outlined in
Staff report PBD-2023-68, to permit a Vacation
Rental Unit in the existing dwelling at 2358
Portage, subject to the recommendations
contained in Staff report PBD-2023-68.Page 103 of 544
Brian Hambly and Tammy Riley
Niagara Falls ON
L2J0E1
Department of Planning, October 23, 2023
Building & Development,
City Hall, 4310 Queen Street,
Niagara Falls, Ontario, L2E6X5
To whom it may concern,
We are writfng to you about a proposed amendment, City File: AM-2023-015.
We met Darren and Lori Schmahl shortly after they purchased the property across the
street from us. These homes were run down and in desperate need of major renovatfons.
We watched them work tfrelessly to transform the two buildings into beautfful homes.
We were initfally concerned when we learned that the propertfes would be used as vacatfon
rental units. However, over the last 5 years we have had zero issues.
It is important to point out that even though we are living in such close proximity to
these homes we never hear more than quiet conversatfon and laughter from the outdoor
patfo/sitting areas. The guests that the applicants rent to are always very quiet and
respectiul to the neighbourhood. The propertfes have been kept impeccable both inside
and out. We are grateful that the Schmahls bought these propertfes as they have greatly
improved the overall look and standard of the area.
We are pleased when they later acquired the adjacent propertfes on Portage Rd. as we were
knew that the same care would be taken in transforming the home located there.
We support this amendment applicatfon to place a special policy area to include a VRU as
a permitted use for each property.
Sincerely,
Brian Hambly and Tammy Riley
Page 104 of 544
s-
s
Page 105 of 544
1
Alexa Cooper
From:R&K Turnbull <
Sent:Wednesday, November 8, 2023 9:25 PM
To:Alexa Cooper
Subject:[EXTERNAL]-2358-2387 Portage Rd & 2495 Stanley Ave
TO WHOM IT MAY CONCERN
RE: FILE AM-2023-015
With regard to the request for rezoning as it relates to the addresses above, please be advised that as for me (and many
others that have discussed the matter in our building at 2349 Portage Rd., Niagara Falls, ON) we can see no reason to
object to the request in order for the owners to continue with their business. I have met them and can only say that
they appear to be a lovely and diligent couple who have developed these properties to a high standard, and seek to
maintain them to the highest standard as well, from all observations. I personally have no objections to things
continuing as they are. We have observed nothing of a negative nature during the time that we have resided here since
August 01, 2022.
Should you have any questions, please feel free to contact me. The comments made above are strictly from an
observation standpoint; I know of no other implications that I should be considering.
Yours truly,
Kathleen Turnbull
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 106 of 544
2358, 2378 Portage Road
2495 Stanley Avenue
City of Niagara Falls
Application for Official Plan Amendment and Zoning By-law
Amendment
For Darren Schmahl Prepared by:
November 14, 2023
Page 107 of 544
Description of Subject Lands
Four Separate Parcels:
2358 Portage Road:
•Stone building designated under Part IV of
the Ontario Heritage Act
•Historically used as halfway rest stop from
Queenston Dock to Chippawa by
horseback
•Restoration efforts by owners
ADDRESS BUILDINGS & STRUCTURES
2495 Stanley Ave Single detached dwelling with 2
bedrooms – severed from 2378
2358 Portage Road Single detached dwelling with 3
bedrooms; stone accessory building
Vacant Parcel
(Portage Road)Vacant
2378 Portage Road Single detached dwelling with 2
bedrooms
Page 108 of 544
Aerial Context & Surrounding Uses
City Official Plan Designation: Residential
City Zoning By-law: Residential 1E Density
(R1E)
•No abutting neighbours.
•Subject Lands bound by Regional
Roads and Hydro Corridors
•Medium density apartment building
located north
•Most low density residential uses front on
Portage Road (east of Stanley) and
Thompson Road Page 109 of 544
Proposed Development
•Permit One (1) Vacation
Rental Unit (VRU) on each
property
•Maintains existing dwellings
and two (2) parking spaces
for each dwelling
•No site alterations are
proposed
Page 110 of 544
Proposed Official Plan and Zoning By-law Amendment
Official Plan Amendment:
•Special Policy Area
•Notwithstanding the policies of Part 2, Section 2.1 Residential, Low Density,
Vacation Rental Units be permitted.
Zoning By-law Amendment:
•Site Specific R1E Zone
•The permitted uses shall be:
(a) The uses permitted in the R1E Zone
(b) One (1) Vacation Rental Unit per detached dwelling
Page 111 of 544
Tourism Proximity
The size of the lot, the provision of
landscaped amenity space, ability to
accommodate required parking, nature
and classification of the street and the
proximity to tourist areas shall all be
considered.
•Located near resource-based
tourism uses such as Niagara River
Parkway /Niagara Gorge, Niagara
Escarpment/Bruce Trail, Golf
Courses; in addition to St. David’s,
Queenston, Wineries and Breweries
•Near Whirlpool and River Road tourist districts
•Located near Millennium Recreational Trail, connected to to other areas of the City
•Located on Stanley Avenue with convenient access to Highways and Arterial RoadsPage 112 of 544
Concentration of VRUs
Undue concentration … to be avoided in
order to reduce the impact on the
character of the residential nature of the
area and residential enjoyment of
permanent residents.
•Isolated from surround residential
area - bound by two Regional
Roads and Hydro Corridor
•No immediately adjacent
neighbours
•Concentration is not “undue” -
proposal not expected to impact
character of area or enjoyment of
permanent residentPage 113 of 544
Vacancy Rate Data
To ensure lands designated as Residential meet the primary purpose of providing dwellings for a
wide range of households, Council shall consider the current vacancy rate(s) and supply of
available housing for tenants.
•CMHC data is for townhouses and apartment buildings. Data does not consider detached
dwellings. CMHC vacancy rate will not be affected by application.
•City-wide vacancy rate of 2.8% in 2022 (up from 1.9% in 2021)
•4.2 % or 3-bedroom
•2.0 % for 2-bedroom
•Total supply increased to 3,582 units in 2022 (up from 2,462 units in 2021)
•Addition of VRUs will not impact City’s ability to provide dwellings or rental accommodations
•Approval of application does not restrict dwellings to be used for residentialPage 114 of 544
ü Is consistent with the PPS, and conforms with the Growth
Plan, NROP and the City of Niagara Falls Official Plan.
ü Supports the City’s tourism sector and is well-located near
tourist uses.
ü Will not negatively impact surrounding residential uses.
ü Makes efficient use of existing services.
ü If this application is approved, the proposed VRU will be
subject to the City’s VRU licensing by-law.Page 115 of 544
1
The Niagara Falls Shadow Council
"The Official Opposition Party of the City of Niagara Falls 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 #11-14-2023-05
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 5.2
PBD-2023-68 (additional comments added) AM-2023-015 Official
Plan and Zoning By-law Amendment Application 2358-2378 Portage
Rd, 2495 Stanley Ave Applicant: Darren & Lori Schmahl Agent:
Aaron Butler (NPG Planning Solutions Inc.)
Council,
Section 1.12.2 of staff's report is prejudicial.
"Limiting the proposal to one Vacation Rental Unit on one property would improve
compatibility with the surrounding neighbourhood by reducing the number of bedrooms
for the residential block"
This reasoning is based upon the fact that the properties are owned by a single entity. It is
entirely possible that in an alternative reality four separate owners could eventually
propose, and be approved for, the same outcome, invalidating staffs assertions.
The applicants should not be punished for being resourceful and efficient.
The applicants have clearly acquired the vacant lot for VRU use, should that use be
denied it is most likely going to result in an undeveloped vacant lot for quite some time.
This will result in a liability too, increasing much needed tax revenue.
The current and future improvements (an MPAC term referring to structures on vacant
land) do and can be controlled to conform to the surrounding neighborhood.
Staff's reference to vacancy rates as a justification for denial of part of the applicant's
request would set precedent that from this date forward no new VRU may be permitted
until the rates reach the prescribed values.
Page 116 of 544
2
If council accepts this reasoning, they would effectively be creating a moratorium on all
VRU approvals in Niagara Falls.
"An undue concentration of Vacation Rental Units"
This might have some weight if the proposed amendments were properties located in the
center of a subdivision such as the Mt. Carmel area, I don't agree this applies to the
proposal area.
There is no public opposition.
If I was sitting on council, I would motion to approve the applicant's version of the
amendments with staffs holding recommendation and vote as such.
It is recommended that council forward the proposed amendments.
There tends to an undeniable principle in that, a concentration of anything, even with
good intentions, usually comes with unforeseen detrimental consequences.
Yes, there is a valid reasoning for the transition of these areas to residential, just as there
is an equally valid reason for transitioning the immediate surrounding residential lands to
industrial.
All you have to do is look at the plan view of the city and ask yourselves, do you prefer
this area to have no industrial uses, and not just those proposed? Eventually, the pressure
to change all the surrounding lands will bear down on all the surrounding industrial lands.
When I look at that plan view, I see an ideal area to have a small localized employment
area in that part of the city.
There is plenty of land in other places of the city to provide residential uses, this cannot
be said of employment lands.
I both live and work in this part of the city and have been noticing that employment uses
are slowly leaving and or are being forced out.
I am having to travel further and further to seek employment related services.
The banks, the repair shops, the gas stations, food stores, they're all disappearing from
this area.
If you make this decision to remove these irreplaceable, (you remove them, they're never
ever coming back), areas that provide these service opportunities, I sense you are doing
an unforeseen disservice to the people who reside here.
I am adamantly opposed to displacing any more employment lands in this area.
Page 117 of 544
3
If I was sitting on council, I would motion to deign this request and vote as such.
It is recommended that council not forward this proposed reconsideration.
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 118 of 544
4
Joedy Burdett
President of the Niagara Falls Shadow Council
"The Official Opposition Party of the City of Niagara
Falls 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 and "The Official Opposition Party of the City of Niagara Falls
Council" are 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 119 of 544
PBD-2023-67
Report
Report to:Mayor and Council
Date:November 14, 2023
Title:
AM-2023-014, Zoning By-law Amendment Application
5640 Stanley Ave, 5609 & 5619 Buchanan Ave
Applicant: 9431870 Canada Corp (Daljit Goraya)
Agent: ACK Architects (Michael Allen)
Recommendation(s)
1. That Council approve the Zoning By-law amendment as detailed in this report to
permit a 14 storey mixed-use building with 480 square metres of commercial
space and 162 residential dwelling units, subject to the regulations outlined in
this report.
2. That the amending zoning by-law include a Holding (H) provision to require an
updated wind study, a Phase 2 Environmental Site Assessment, the filing of a
Record of Site Condition (if required), to ensure the implementation of noise
mitigation measures and archeological warning clauses are implemented at time
of site plan, to confirm the number of affordable units, and to provide a Parking
Impact Analysis justifying a 1.25 parking rate within 1 year of the passing of an
amending by-law. If these materials are submitted and approved by Staff prior to
the amending zoning by-law being presented to Council for approval, the holding
(H) provision will not be applied.
Executive Summary
9431870 Canada Corp has requested a Zoning By-law amendment to permit the
development of a 14 storey mixed-use building with 480 square metres of ground floor
commercial space located on Stanley Avenue and the corner of Stanley Avenue and
North Street and 162 residential dwelling units on the subject lands, located at 5640
Stanley Avenue, 5609 & 5619 Buchanan Avenue. The amendment is recommended,
subject to a holding (H) provision requiring the submission of an updated wind study, a
Phase 2 Environmental Site Assessment, the filing of a Record of Site Condition (if
required), to implement noise mitigation measures and archeological warning clauses,
and the submission of a Parking Impact Analysis justifying a 1.25 parking rate within 1
year of the passing of an amending by-law; and for the following reasons:
The proposed development conforms to Provincial, Regional, and City policies as
it diversifies the housing supply, contributes to the creation of a complete
community, efficiently utilize municipal infrastructure and urban lands, and
contributes to the Region’s intensification target of 50%;
Page 1 of 27
Page 120 of 544
The amendments to the Tourist Commercial zone maintain appropriate
regulations for the proposed uses and ensure the proposed development will be
compatible with surrounding properties; and,
The holding (H) provision will ensure that acceptable wind conditions are present
on the subject lands, and that a Phase 2 Environmental Site Assessment and
Record of Site Condition are filed for the property.
Background
Proposal
9431870 Canada Corp has requested a Zoning By-law amendment to permit the
development of a 14 storey mixed-use building with 480 square metres of ground floor
commercial space located on Stanley Avenue and the corner of Stanley Avenue and
North Street and 162 residential dwelling units on the subject lands. The subject lands
are and Avenue Buchanan 5619 & are Avenue, Stanley 5640 at located 5609
approximately 0.4 hectares (1.0 acres) in size as shown on Schedule 1 and the
conceptual site plan as shown on Schedule 2.
The subject lands are designated Tourist Commercial and are within the Clifton Hill
Subdistrict of the Central Tourism District in the City’s Official Plan. The proposed
development conforms to the City’s Official Plan, which permits the proposed 14 storey
mixed-use development.
5640 Stanley Avenue is zoned Tourist Commercial under Zoning By-law No. 79-200,
and 5609 & 5619 Buchanan Avenue are zoned Deferred Tourist Commercial (DTC)
under Zoning By-law No. 79-200. The applicant is requesting a site-specific Tourist
Commercial zone be applied to all 3 parcels to facilitate the proposed development.
Site Conditions and Surrounding Land Uses
The subject land consists of three separate parcels, that contain a low-rise motel at
5640 Stanley Avenue and a detached dwelling unit on each of 5609 and 5619
Buchanan Avenue. To the north, west and south are commercial uses and detached
dwellings, and to the east are detached dwellings.
Circulation Comments
Information about the requested Zoning By-law amendment was circulated to City
divisions, following The comments. for public Region, and agencies, the the
summarizes the comments received to date:
Agency Comments
Regional Municipality of Niagara
Page 2 of 27
Page 121 of 544
o No objection, subject to a Holding (H) provision requiring a Phase 2
Environmental Site Assessment and the filing of a Record of Site
Condition with the Ministry;
o Noise mitigation measures and archaeological warning clauses will be
implemented at time of site plan and included in the Holding(H) provision;
o A 3 metre road widening is required along Stanley Avenue, and a 6x6
metre daylight triangle is required at the corner of Stanley Avenue and
North Street; and,
o The Region is willing to enter into an encroachment agreement with the
owner over the Stanley Avenue road allowance. If the road allowance is
required for other road facilities in the future, the agreement will require
the owner to remove any items, materials, buildings and other
encroachments.
Business Development, Cogeco, Enbridge, Fire, GIS, OPG, Mississauga’s of the
Credit First Nation, Municipal Works
o No objections
Building
o No objections subject to the appropriate permits being applied for, if
approved.
Transportation Services
o A 3.38m road widening on North Street is required abutting 5640 Stanley
Avenue, and 5.38m is required abutting 5609 Buchanan Avenue;
o A 0.81m road widening on Buchanan Ave is required abutting 5609 &
5619 Buchanan Ave;
o A 7x7m daylight triangle at the corner of Buchanan Avenue and North
Street is required over and above the widenings identified;
o The widenings and daylight triangle will be dedicated at time of site plan, if
approved;
o Transportation Services does not support any encroachment on or over
the City’s road allowance, including building canopies; and,
o Transportation Services recommend a parking rate of 1.4 parking spaces
per unit be applied to the proposed development.
Urban Design/Landscape Comments
o A roof feature has been identified and will be further refined during the site
plan stage into a distinct architectural feature that is reflective of the style
of the building;
o Privacy fencing and other detailed site plan design elements (relocating
the commercial entrance from North Street to the corner of the building,
identifying any green roof areas, a refined roof feature) will be commented
on at site plan stage once more detail is provided; and,
o A Holding (H) provision is recommended to be applied to the subject land
to require an updated wind study with wind tunnel modelling,
demonstrating acceptable wind conditions to the satisfaction of the City.
Neighbourhood Comments
Page 3 of 27
Page 122 of 544
A neighbourhood open house was held on October 2, 2023 and was attended by the
applicant, applicant’s planners and consultants, and two (2) members of the public.
Written comments have been received from one member of the public. Residents
brought up concerns regarding shadowing, traffic, on-street parking on North Street,
and privacy.
Relative to the public comments, a Traffic Impact Study was submitted with the
application and Transportation Services had no objections with its findings that North
Street will operate satisfactorily. North Street from Stanley Avenue to Buchanan Avenue
currently allows for parking on both sides of the street. Transportation Services are
currently reviewing this section of North Street to determine if parking restrictions are
warranted. It is anticipated that results from the review will be available in mid
November.
The Shadow Study illustrates that the projected shadows meet the City’s standards for
sunlight found in the Tourist Area Design Guidelines (see Schedule 3).
The City’s Official Plan recognizes this area as an area in transition intended for
redevelopment. The northern portion of the building steps down from 14 storeys to 10 to
7 to 4 as the proposal approaches Buchanan Ave (see Schedule 4), providing an
appropriate transition to the residential uses and minimizing impacts. Through the site
plan process privacy fencing between lot lines will be examined.
Analysis
1. Provincial Policies
The Planning Act requires City planning decisions to be consistent with the Provincial
Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed
development is consistent and conforms as follows:
The proposed development satisfies matters of provincial interest as outlined in
Section 2 of the Planning Act;
The redevelopment and intensification of the site minimizes land consumption
and servicing costs in a manner that will sustain the financial well-being of the
Province and City over the long term;
The residential units will add to the diversity of housing options for residents, and
will assist the City in meeting its intensification target within the Built-up Area;
and,
The mixed-use proposal will assist in the creation of a complete community.
2. Regional Official Plan
The subject lands are in a designated Built-up Area in the Niagara Region’s Official
Plan. The proposal conforms to the Regional Official Plan by contributing to the
Region’s intensification target of 50%, diversifying the housing supply, contributing to
Page 4 of 27
Page 123 of 544
the creation of a complete community, and efficiently utilizing municipal infrastructure
and urban lands.
3. City's Official Plan
The subject lands are designated Tourist Commercial in the City’s Official Plan and are
located within the Clifton Hill Subdistrict of the Central Tourist District. The Official Plan
permits the proposed 14-storey mixed-use building.
The proposal complies with the intent of the Official Plan and Clifton Hill Tourism
Subdistrict policies as follows:
The 14 storey mixed-use building is proposed in an area identified in the City’s
Official Plan for medium-rise development;
The mixed-use proposal assists in creating a complete community;
The proposal provides an appropriate transition and relationship with the
adjacent residential uses by stepping the building down as it approaches
Buchanan Avenue;
The proposal is appropriately phased for this area being located on an arterial
road, where intensification is anticipated, services are available, and is on the
outskirts of the residential neighbourhood to the east;
The proposal exceeds the minimum of 5 hours of sunlight on Stanley Avenue
and meets the minimum of 3 hours of sunlight on North Street and Buchanan
Avenue on September 21st as outlined in the Tourist Area Design Guidelines.
The guidelines require a minimum of 5 hours of sunlight on September 21st for
streets identified as a grand boulevard, entry corridor, retail street, and falls
access street; and a minimum of 3 hours for all other streets on September 21st;
A roof feature is provided and will be further refined into a distinct architectural
feature through the site plan process to add a distinct and interesting feature to
the Niagara Falls skyline that is reflective of the architectural style of the
proposed building;
A Holding (H) provision shall be placed on the property until a Wind Study has
been submitted demonstrating wind conditions to the satisfaction of the City; and,
The proposal will provide residents with a mix of unit options for ownership (51
one-bedroom units and 111 two-bedroom units). The estimated prices range
from $366,850-$1,342,800. The exact proportion of proposed units that may
meet the definition of affordable is unknown at this time. However, any unit priced
$366,850-$539,460 would be considered affordable to moderate income
households. Until it is known how many units can be considered affordable, a
Holding (H) provision is recommended to be placed on the property. Until it is
known that the proposal is meeting the 40% minimum requirement for affordable
housing, a Holding(H) provision is recommended to be placed on the property.
4. Architectural Design Review
Page 5 of 27
Page 124 of 544
All building proposals in the Tourist Commercial area greater than 10 storeys are
subject to an Architectural Design Review process. The applicant’s architect submitted
an Architectural Design Brief that evaluates the project’s conformity to the 7 principles
contained in the City’s Tourism Policy Review Implementation Handbook. Staff have
reviewed the Brief and note the following:
Principle 1 – Positive Building Base
This principle states a positive base interface between the building and street elements
is achieved through built-to lot lines, setbacks, edge treatments, weather protection,
transparency, proportion, and scale.
The podium is proposed within 0 to 2 metres of the subject lands’ front and exterior side
yard. Active uses (commercial space, residential lobby) are present along Stanley
Avenue and at the corner of Stanley Avenue and North Street. Canopies are proposed
over entrances on Stanley Avenue and North Street to help mitigate wind impacts.
However, Transportation Services does not support canopies encroaching into North
Street’s road allowance. Alternative mitigation measures will need to be sought on North
Street. A Holding (H) provision has been recommended to ensure appropriate wind
conditions are present for the public realm. The H will require the submission of a wind
tunnel study that demonstrates acceptable wind conditions to the satisfaction of the
City. The Region has indicated that they will enter into an encroachment agreement with
the developer for any canopies proposed over the Stanley Avenue road allowance.
Transparent glass is present along the majority of the Stanley Avenue and North Street
façades.
A sheltered drop-off location for residents and guests is integrated into the architectural
design interior to the proposed development.
A 2.5 metre setback is provided above the 3rd floor and an additional 1.3 metre setback
is provided above the 5th floor on Stanley Avenue. These stepbacks in addition to the
articulation and vertical element proposed as part of the Stanley Avenue façade break
up the massing of the building and provide an appropriate pedestrian scale for the
public realm. These stepbacks and articulations will be captured in the amending height
schedule.
Principle 2 – Public Realm at Grade
This principle states that achieving an upgraded pedestrian environment is achieved
through high quality streetscape, planting, furniture, and signage.
The proposed development provides a setback from Stanley Avenue, North Street, and
Buchanan Avenue ranging from 0 to 2 metres and does not provide much opportunity
for a public realm.
Page 6 of 27
Page 125 of 544
The City will collect a Community Benefits Charge at time of building permit issuance, if
approved, which is recommended to be redistributed for the funding of urban amenities
and active transportation in the general area.
At site plan stage, features such as landscaping, special paving, and streetscape
amenities (i.e. benches and bike racks) will be reviewed.
Principle 3 – Skyview
This principle states that maximum sky, light, and air transparency occurs with buildings
that have adequate spacing and mass to avoid a feeling of a wall of development.
This principle provides guidance for maximum floor plates (929-1115m2) and length to
width ratios of a tower (1:1.5) to achieve its objectives. However, as the building is of a
mid-rise design and the lot is an odd narrow L-shape, the guidelines can’t be applied to
this development in their typical fashion. The intent of this principle is being met to
support a comfortable pedestrian environment and avoid the feeling of a wall of
development in the following ways:
City standards for shadowing and sunlight are met with more than 5 hours of
sunlight on Stanley Avenue and 3 hours of sunlight on North Street and
Buchanan Avenue on September 21st. These standards require a minimum of 5
hours of sunlight on September 21st for streets identified as a grand boulevard,
entry corridor (Stanley Avenue), retail street, and falls access street; and a
minimum of 3 hours for all other streets (North Street & Buchanan Avenue) on
September 21st;
Stepbacks are provided from Stanley Avenue and North Street, stepdowns are
provided as the development approaches Buchanan Avenue (14 storeys to 10, to
7, to 4), and the width of the proposed building facing Stanley Avenue narrows
above the 8th floor to reduce showing impacts, the massing of the building, and
to avoid a feeling of a wall of development and shadowing impacts;
The proposed building is within 0-2m of Stanley Avenue, North Street, and
Buchanan Avenue; and,
The built-to area is more than 60% for each of the three lot frontages.
Principle 4 – Skyline Height
This principle encourages a variation in heights with an emphasis on taller buildings
being more slender to maintain view corridors to the Falls, Queen Victoria Park, and the
Skylon to addition in landmarks these minimize impacts shadow and Tower to
residential areas.
The proposal is located within the Clifton Hill Subdistrict of the Central Tourist District
where heights can range from a maximum of 4 storeys to a maximum of 30 storeys. The
proposal is in the mid-range of permitted heights for the Subdistrict. This will provide a
Page 7 of 27
Page 126 of 544
variation of heights for the Tourist Commercial area and create a step down from the
taller 30 storey buildings permitted south of Victoria Avenue and Ferry Street.
The proposal is not within a 300m proximity of the Falls, Queen Victoria Park, or the
Skylon Tower and therefore will have no impact on their view corridors nor create
shadowing on these areas.
The proposal steps down in height as it gets closer to the residential area located to the
east, which aids the proposal in meeting the City’s standards for shadowing and
sunlight.
Principle 5 - Views and Vistas
This principle seeks to maintain or enhance visual connections to the Falls, the
American skyline, and avoid obstructing valuable views. The Skylon Tower is to remain
a signature feature of the skyline.
The subject land is located at Stanley Avenue and North Street. The proposal will not
impact the view and exposure of the Falls, Queen Victoria Park, or the American
Skyline. The proposal will maintain a positive exposure of the Skylon Tower.
Principle 6 – Microclimate
This comfort, maximize that measures will implement to seeks principle design
enjoyment of the public realm, and minimize impacts on adjacent properties through
shadow and wind.
The Shadow Study illustrates the City’s standards for sunlight and shadowing are met,
which requires a minimum of 5 hours of sunlight on September 21st for streets identified
as a grand boulevard, entry corridor, retail street, and falls access street; and a
minimum of 3 hours on all other streets on September 21st. 5 hours of sunlight is
provided on Stanley Avenue (entry corridor) and 3 hours of sunlight is provided on North
Street and Buchanan Avenue (other street) in accordance with the Tourist Area Design
Guidelines.
There is no shadowing on Stanley Avenue from noon onwards, and the building height
has been reduced along North Street towards Buchanan Avenue to minimize shadow
impacts on the street.
The Wind Study, by Gradient Wind, was a computer simulation that found the proposed
development’s wind a for conditions undesirable will massing and design create
In Street. North and Avenue Stanley corner the at patio proposed of addition,
Transportation Services do not support the encroachment of a canopy into the City’s
road allowance. There are a number of canopies proposed in the North Street road
allowance, which are not supported by Staff. The canopies will need to be removed and
Page 8 of 27
Page 127 of 544
other mitigation measures will be required to ensure acceptable wind conditions are
present.
Therefore, revisions to the proposed design are required to ensure wind concerns are
mitigated. A holding (H) provision is being applied to the land to require the submission
of an updated wind study, with wind tunnel modelling, to ensure appropriate wind
mitigation measures are implemented to secure acceptable wind conditions.
Principle 7 – Parking and Circulation
This principle seeks to reduce the visual impact of parking lots and traffic impacts
caused by remote parking lots by containing parking on-site in garages.
All parking associated with the proposed development is provided on-site both at grade
and underground. At grade parking is internal to the site or within an enclosed
structure.
5. Zoning By-law
The subject lands are currently zoned Tourist Commercial (TC), in part, and Deferred
Tourist Commercial (DTC), in part. The applicant has requested a site specific Tourist
Commercial (TC) zone to permit the proposed 14 storey mixed-use development.
The departures requested from current legislation are summarized below:
ZONE
REGULATION
EXISTING
REGULATION
REQUESTED
REGULATION
Staff
Recommendation
(Details to Follow)
Deemed Front
Yard
Buchanan Avenue Stanley Avenue Support
Deemed Exterior
Side Yard
North Street North Street Not Required
Deemed Rear Yard
Stanley Avenue Buchanan Avenue Support
Permitted Uses
50% of the total
floor area of the
building can be
used for dwelling
units provided such
dwelling units
except entrances
are located above
69%Support
Page 9 of 27
Page 128 of 544
ZONE
REGULATION
EXISTING
REGULATION
REQUESTED
REGULATION
Staff
Recommendation
(Details to Follow)
the ground floor
Minimum Front
Yard Setback
0m + 15.25m to the
centreline of
Stanley Avenue
0 meters Support
Minimum Exterior
Side Yard Setback
0m + 13m from the
centreline of North
Street
0 meters Support
Minimum Rear
Yard Setback
10 metres 0 metres Support
Parking Ratio
1.4 parking spaces
per unit
1.25 parking
spaces per unit Do not support
Maximum
Permitted Height
12 metres, subject
to section 4.7
44 metres, subject
to section 4.7
Support with
modifications
Maximum
projection of open
balconies or patios
1.8 metre (front
and rear yard)
0.45 metre
(exterior side yard)
The entire front,
rear, and exterior
side yard
Support
Maximum
projection of
unsupported
canopies
0.45 metres into a
required yard
The entire front,
rear, and exterior
side yard
Support
Support
Staff are in support of deeming Stanley Avenue as the front yard and Buchanan Avenue
as the rear yard. This will provide clarity in zoning interpretations and provide a focus on
Stanley Avenue’s streetscape.
Staff have no issues with the increase in percentage of dwelling units in the proposed
building to 69% as commercial uses will continue to be present on the ground floor
along Stanley Avenue and the corner of Stanley Avenue and North Street.
Page 10 of 27
Page 129 of 544
Staff have no concerns with reducing the front yard and exterior side yard setbacks to 0
metres as the required road widenings have been accommodated in the plan, and the
Tourist Commercial zone permits a 0 metre front and exterior side yard setback.
Staff have no concerns with reducing the rear yard setback to 0 metres as it abuts
Buchanan Avenue and will provide eyes on the street. This area is intended for
residential development and the residential uses across the street will have adequate
separation distances through the stepping down incorporated in the building in addition
to the separation of the road allowance.
The proposed locations and heights of the building will be captured in an amending
height schedule.
The proposed projections are supported by staff, provided no projection encroaches into
the City’s road allowance as Transportation Services are not supportive of any
encroachments.
The applicant also requested a proposed architecture feature/canopy be permitted as
an encroachment. Staff consider this to be part of the building and will capture its
location in the amending by-law.
Support with Modifications
Staff are in support of a maximum height of 44 metres in addition to a 10 metre high
roof feature that is not permitted to contain a place of occupancy. The massing,
articulation, and step backs provide adequate separation distances to ensure the
proposal is compatible with adjacent properties.
Do Not Support
Planning Staff support Transportation Staff’s recommendation that a parking rate of
1.25 spaces per dwelling unit cannot be supported without justification. Transportation
Services indicated the proposal is not located within 400 metres of a bus stop, nor is
transit planned for this corridor. The required parking rate of 1.4 spaces per unit should
continue to apply.
A parking rate of 1.25 spaces per unit can be supported if a justification is provided to
the satisfaction of Municipal Works. To facilitate this, Planning Staff recommend a
Holding (H) provision be placed on the property requiring a Parking Impact Analysis be
submitted to the satisfaction of Municipal Works to justify a parking rate of 1.25 spaces
per unit. As Transportation Services is currently undergoing a parking study for the
whole of the City's parking rates, a time limit of 1 year is recommended for this
provision. If a satisfactory justification is not provided within the 1 year time frame, the
default parking rate will apply to the property.
Page 11 of 27
Page 130 of 544
Please see Appendix A for a draft Zoning By-law amendment.
6. Holding Provision
Staff recommends a holding (H) provision be applied to the subject land to require:
An updated wind study with wind tunnel modelling demonstrating acceptable
wind conditions to the satisfaction of the City;
A Phase 2 Environmental Site Assessment with the filing of a Record of Site
Condition (if required) with the Ministry;
The implementation of noise mitigation measures and archeological warning
clauses at time of site plan;
Information detailing how many of the proposed units can be considered
affordable; and,
A Parking Impact Analysis to the satisfaction of Municipal Works within a 1 year
time period.
Operational Implications and Risk Analysis
There are no operational implications or risks to the City.
Financial Implications/Budget Impact
The proposed development will provide development charges, community benefits
charge, cash-in-lieu of parkland dedication, and a new tax assessment for the City.
Strategic/Departmental Alignment
This proposal contributes to Council’s Strategic Priority of Financial Sustainability by
redeveloping lands on existing services to promote sustainable fiscal practices. It also
contributes to economic diversification and growth by providing more space for new
commercial businesses.
List of Attachments
Schedule 1 - Location Map
Schedule 2 - Conceptual Site Plan
Schedule 3 - Shadow Study
Schedule 4 - Elevation facing North Street
Appendix A - Draft By-law
Written by:
Alexa Cooper, Planner 2
Submitted by:Status:
Andrew Bryce, Director of Planning Approved
- 06 Nov
2023
Kira Dolch, General Manager, Planning, Building & Approved
Page 12 of 27
Page 131 of 544
Development - 06 Nov
2023
Jason Burgess, CAO Approved
- 08 Nov
2023
Page 13 of 27
Page 132 of 544
SCHEDULE 1
(Location Map)
Page 14 of 27
Page 133 of 544
SCHEDULE 2
(Conceptual Site Plan)
Page 15 of 27
Page 134 of 544
PROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
EXISTING DWELLING
STANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
FORSYTHE STREETFORSYTHE STREETEXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
EXISTING DWELLING
STANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
FORSYTHE STREETFORSYTHE STREETEXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
EXISTING DWELLING
STANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
FORSYTHE STREETFORSYTHE STREETEXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
EXISTING DWELLING
STANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
FORSYTHE STREETFORSYTHE STREETEXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
EXISTING DWELLING
STANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
FORSYTHE STREETFORSYTHE STREETEXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
EXISTING DWELLING
STANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
FORSYTHE STREETFORSYTHE STREETEXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
EXISTING DWELLING
STANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
FORSYTHE STREETFORSYTHE STREETEXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCLEGEND
PROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
EXISTING BUILDINGS
PROPERTY BOUNDARIES
SHADOW OF PROPOSED
DEVELOPMENT
SHADOW OF 12 STOREY
BUILDING
NOTE: MAX HEIGHT PERMITTED NOTE: MAX HEIGHT PERMITTED 12 12
STOREYS IN ACCORDANCE WITH THE STOREYS IN ACCORDANCE WITH THE
OFFICIAL PLAN SECTION 4.4 AND OFFICIAL PLAN SECTION 4.4 AND
FIGURE 4-HEIGHT STRATEGYFIGURE 4-HEIGHT STRATEGY
HOUR OF SUNSHINE ON
STREET
COMMISSION:
ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS,
NOTES, SITE AND REPORT ANY DISCREPANCIES PRIOR TO
COMMENCEMENT OF THE WORK. THIS DRAWING NOT TO BE SCALED, ALL
DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF
THE ARCHITECT AND MUST BE RETURNED UPON REQUEST.
REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN
WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT.
DRAWINGS TO BE FOR THE PURPOSE FOR WHICH THEY ARE ISSUED.
SHEET TITLE:
DRAWING No.:DRAWN BY:
CHECKED BY:
DATE ISSUED:
PROJECT No.:
1 07/11/2022 PRE-CON SUBMSSION
2 06/21/2023 REVISED CONCEPT/ELEVATIONS
JC
JC
3 07/17/2023 ISSUED FOR ZBA JC
4 08/14/2023 BEDROOM BREAKDOWN JC
5 09/11/2023 SHADOW STUDY + ELEVATIONS IC
6 10/17/2023 REV SHADOW STUDY AND FLOOR PLANS JC
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FALL EQUINOXFALL EQUINOX
14-STOREY14-STOREY
RESIDENTIALRESIDENTIAL
DEVELOPMENTDEVELOPMENT
5640 STANLEY AVENUE, NIAGARA FALLS, ON.
NTRUE
PROJECT
1" 100'-0"
September 21, 8:33 AM
1" 100'-0"
September 21, 9:33 AM
1" 100'-0"
September 21, 10:33 AM
1" 100'-0"
September 21, 11:33 AM
1" 100'-0"
September 21, 12:33 PM
1" 100'-0"
September 21, 1:33 PM
1" 100'-0"
September 21, 2:33 PM
SEPT 21 2024SEPT 21 2024
SUNRISE IN NIAGARA FALLS SUNRISE IN NIAGARA FALLS
7:03 a.m7:03 a.m
SUNSET IN NIAGARA FALLS SUNSET IN NIAGARA FALLS
7:14 p.m7:14 p.m
HOURS OF SUNSHINEHOURS OF SUNSHINE
SEPT 21
STREET
STANLEY AVE
NORTH ST
SUNSHINE REQUIRED
5 HOURS
3 HOURS
SUNSHINE PROVIDED
6.75 HOURS (12:33-7:14 SUNSET)
2.75 HOURS (4:33- 7:14 SUNSET)
No.No.DATE:DATE:DESCRIPTION:DESCRIPTION:BY:BY:
SCHEDULE 3
(Shadow Study)Page 16 of 27Page 135 of 544
LEGEND
PROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
EXISTING BUILDINGS
PROPERTY BOUNDARIES
SHADOW OF PROPOSED
DEVELOPMENT
SHADOW OF 12 STOREY
BUILDING
NOTE: MAX HEIGHT PERMITTED NOTE: MAX HEIGHT PERMITTED 12 12
STOREYS IN ACCORDANCE WITH THE STOREYS IN ACCORDANCE WITH THE
OFFICIAL PLAN SECTION 4.4 AND OFFICIAL PLAN SECTION 4.4 AND
FIGURE 4-HEIGHT STRATEGYFIGURE 4-HEIGHT STRATEGY
HOUR OF SUNSHINE ON
STREET
PROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
EXISTING DWELLING
STANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
FORSYTHE STREETFORSYTHE STREETEXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
EXISTING DWELLING
STANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
FORSYTHE STREETFORSYTHE STREETEXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCDESSON AVENUEDESSON AVENUESLATER AVENUESLATER AVENUELEWIS AVENUELEWIS AVENUEMCGRAIL AVENUEMCGRAIL AVENUEZONED TCZONED GI
ZONED TC
COMMISSION:
ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS,
NOTES, SITE AND REPORT ANY DISCREPANCIES PRIOR TO
COMMENCEMENT OF THE WORK. THIS DRAWING NOT TO BE SCALED, ALL
DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF
THE ARCHITECT AND MUST BE RETURNED UPON REQUEST.
REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN
WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT.
DRAWINGS TO BE FOR THE PURPOSE FOR WHICH THEY ARE ISSUED.
SHEET TITLE:
DRAWING No.:DRAWN BY:
CHECKED BY:
DATE ISSUED:
PROJECT No.:
1 07/11/2022 PRE-CON SUBMSSION
2 06/21/2023 REVISED CONCEPT/ELEVATIONS
JC
JC
3 07/17/2023 ISSUED FOR ZBA JC
4 08/14/2023 BEDROOM BREAKDOWN JC
5 09/11/2023 SHADOW STUDY + ELEVATIONS IC
6 10/17/2023 REV SHADOW STUDY AND FLOOR PLANS JC
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FALL EQUINOXFALL EQUINOX
14-STOREY14-STOREY
RESIDENTIALRESIDENTIAL
DEVELOPMENTDEVELOPMENT
5640 STANLEY AVENUE, NIAGARA FALLS, ON.
NTRUE
PROJECT
1" 100'-0"
September 21, 4:33 PM
1" 100'-0"
September 21, 5:44 PM
SEPT 21 2024SEPT 21 2024
SUNRISE IN NIAGARA FALLS SUNRISE IN NIAGARA FALLS
7:03 a.m7:03 a.m
SUNSET IN NIAGARA FALLS SUNSET IN NIAGARA FALLS
7:14 p.m7:14 p.m
HOURS OF SUNSHINEHOURS OF SUNSHINE
SEPT 21
STREET
STANLEY AVE
NORTH ST
SUNSHINE REQUIRED
5 HOURS
3 HOURS
SUNSHINE PROVIDED
6.75 HOURS (12:33-7:14 SUNSET)
2.75 HOURS (4:33- 7:14 SUNSET)
No.No.DATE:DATE:DESCRIPTION:DESCRIPTION:BY:BY:
SCHEDULE 3
(Shadow Study)Page 17 of 27Page 136 of 544
LEGEND
PROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
EXISTING BUILDINGS
PROPERTY BOUNDARIES
SHADOW OF PROPOSED
DEVELOPMENT
SHADOW OF 12 STOREY
BUILDING
NOTE: MAX HEIGHT PERMITTED NOTE: MAX HEIGHT PERMITTED 12 12
STOREYS IN ACCORDANCE WITH THE STOREYS IN ACCORDANCE WITH THE
OFFICIAL PLAN SECTION 4.4 AND OFFICIAL PLAN SECTION 4.4 AND
FIGURE 4-HEIGHT STRATEGYFIGURE 4-HEIGHT STRATEGY
HOUR OF SUNSHINE ON
STREET
PROPOSED 14 STOREY
RESIDIENTIAL DEVELOPMENT
VACANT LOT
STANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
FORSYTHE STREETFORSYTHE STREET
EXISTING DWELLING
EXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDIENTIAL DEVELOPMENT
VACANT LOT
EXISTING COMMERCIAL BUILDINGSZONED GCSTANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
FORSYTHE STREETFORSYTHE STREET
EXISTING DWELLING
EXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDIENTIAL DEVELOPMENT
VACANT LOT
STANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
FORSYTHE STREETFORSYTHE STREET
EXISTING DWELLING
EXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
STANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
FORSYTHE STREETFORSYTHE STREET
EXISTING DWELLING
EXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
STANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
FORSYTHE STREETFORSYTHE STREET
EXISTING DWELLING
EXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
STANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
FORSYTHE STREETFORSYTHE STREET
EXISTING DWELLING
EXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
FORSYTHE STREETFORSYTHE STREETSTANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
EXISTING DWELLING
EXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
FORSYTHE STREETFORSYTHE STREETSTANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
EXISTING DWELLING
EXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCCOMMISSION:
ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS,
NOTES, SITE AND REPORT ANY DISCREPANCIES PRIOR TO
COMMENCEMENT OF THE WORK. THIS DRAWING NOT TO BE SCALED, ALL
DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF
THE ARCHITECT AND MUST BE RETURNED UPON REQUEST.
REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN
WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT.
DRAWINGS TO BE FOR THE PURPOSE FOR WHICH THEY ARE ISSUED.
SHEET TITLE:
DRAWING No.:DRAWN BY:
CHECKED BY:
DATE ISSUED:
PROJECT No.:
1 07/11/2022 PRE-CON SUBMSSION
2 06/21/2023 REVISED CONCEPT/ELEVATIONS
JC
JC
3 07/17/2023 ISSUED FOR ZBA JC
4 08/14/2023 BEDROOM BREAKDOWN JC
5 09/11/2023 SHADOW STUDY + ELEVATIONS IC
6 10/17/2023 REV SHADOW STUDY AND FLOOR PLANS JC
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SUMMER SOLSTICESUMMER SOLSTICE
14-STOREY14-STOREY
RESIDENTIALRESIDENTIAL
DEVELOPMENTDEVELOPMENT
5640 STANLEY AVENUE, NIAGARA FALLS, ON.
NTRUE
PROJECT
1" 100'-0"
June 21, 7:07 AM
1" 100'-0"
June 21, 8:07 AM
1" 100'-0"
June 21, 9:07 AM
1" 100'-0"
June 21, 10:07 AM
1" 100'-0"
June 21, 11:07 AM
1" 100'-0"
June 21, 12:07 PM
1" 100'-0"
June 21, 1:07 PM
1" 100'-0"
June 21, 2:07 PM
HOURS OF SUNSHINEHOURS OF SUNSHINE
JUNE 21
STREET
STANLEY AVE
NORTH ST
SUNSHINE REQUIRED
5 HOURS
3 HOURS
SUNSHINE PROVIDED
9 HOURS (12:07-9:00 SUNSET)
7 HOURS (7:07-9:07+4:07-9:00)
JUNE 21 2024JUNE 21 2024
SUNRISE IN NIAGARA FALLS SUNRISE IN NIAGARA FALLS
5:37 a.m5:37 a.m
SUNSET IN NIAGARA FALLS SUNSET IN NIAGARA FALLS
9:00 p.m9:00 p.m
No.No.DATE:DATE:DESCRIPTION:DESCRIPTION:BY:BY:
SCHEDULE 3
(Shadow Study)Page 18 of 27Page 137 of 544
LEGEND
PROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
EXISTING BUILDINGS
PROPERTY BOUNDARIES
SHADOW OF PROPOSED
DEVELOPMENT
SHADOW OF 12 STOREY
BUILDING
NOTE: MAX HEIGHT PERMITTED NOTE: MAX HEIGHT PERMITTED 12 12
STOREYS IN ACCORDANCE WITH THE STOREYS IN ACCORDANCE WITH THE
OFFICIAL PLAN SECTION 4.4 AND OFFICIAL PLAN SECTION 4.4 AND
FIGURE 4-HEIGHT STRATEGYFIGURE 4-HEIGHT STRATEGY
HOUR OF SUNSHINE ON
STREET
PROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
FORSYTHE STREETFORSYTHE STREETSTANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
EXISTING DWELLING
EXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
FORSYTHE STREETFORSYTHE STREETSTANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
EXISTING DWELLING
EXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
FORSYTHE STREETFORSYTHE STREETSTANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
EXISTING DWELLING
EXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCPROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
FORSYTHE STREETFORSYTHE STREETSTANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
EXISTING DWELLING
EXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCDESSON AVENUEDESSON AVENUECOMMISSION:
ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS,
NOTES, SITE AND REPORT ANY DISCREPANCIES PRIOR TO
COMMENCEMENT OF THE WORK. THIS DRAWING NOT TO BE SCALED, ALL
DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF
THE ARCHITECT AND MUST BE RETURNED UPON REQUEST.
REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN
WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT.
DRAWINGS TO BE FOR THE PURPOSE FOR WHICH THEY ARE ISSUED.
SHEET TITLE:
DRAWING No.:DRAWN BY:
CHECKED BY:
DATE ISSUED:
PROJECT No.:
1 07/11/2022 PRE-CON SUBMSSION
2 06/21/2023 REVISED CONCEPT/ELEVATIONS
JC
JC
3 07/17/2023 ISSUED FOR ZBA JC
4 08/14/2023 BEDROOM BREAKDOWN JC
5 09/11/2023 SHADOW STUDY + ELEVATIONS IC
6 10/17/2023 REV SHADOW STUDY AND FLOOR PLANS JC
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SUMMER SOLSTICESUMMER SOLSTICE
14-STOREY14-STOREY
RESIDENTIALRESIDENTIAL
DEVELOPMENTDEVELOPMENT
5640 STANLEY AVENUE, NIAGARA FALLS, ON.
NTRUE
PROJECT 1" 100'-0"
June 21, 3:07 PM
1" 100'-0"
June 21, 4:07 PM
1" 100'-0"
June 21, 5:07 PM
1" 100'-0"
June 21, 6:07 PM
HOURS OF SUNSHINEHOURS OF SUNSHINE
JUNE 21
STREET
STANLEY AVE
NORTH ST
SUNSHINE REQUIRED
5 HOURS
3 HOURS
SUNSHINE PROVIDED
9 HOURS (12:07-9:00 SUNSET)
7 HOURS (7:07-9:07+4:07-9:00)
JUNE 21 2024JUNE 21 2024
SUNRISE IN NIAGARA FALLS SUNRISE IN NIAGARA FALLS
5:37 a.m5:37 a.m
SUNSET IN NIAGARA FALLS SUNSET IN NIAGARA FALLS
9:00 p.m9:00 p.m
No.No.DATE:DATE:DESCRIPTION:DESCRIPTION:BY:BY:
SCHEDULE 3
(Shadow Study)Page 19 of 27Page 138 of 544
PROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
VACANT LOT
FORSYTHE STREETFORSYTHE STREETSTANLEY AVENUESTANLEY AVENUEBUCHANAN AVENUEBUCHANAN AVENUENORTH STREETNORTH STREET
EXISTING DWELLING
EXISTING COMMERCIAL BUILDINGS ZONED TCZONED DTCSLATER AVENUESLATER AVENUELEWIS AVENUELEWIS AVENUEMCGRAIL AVENUEMCGRAIL AVENUEZONED DTCZONED TCZONED TC
LEGEND
PROPOSED 14 STOREY
RESIDENTIAL DEVELOPMENT
EXISTING BUILDINGS
PROPERTY BOUNDARIES
SHADOW OF PROPOSED
DEVELOPMENT
SHADOW OF 12 STOREY
BUILDING
NOTE: MAX HEIGHT PERMITTED NOTE: MAX HEIGHT PERMITTED 12 12
STOREYS IN ACCORDANCE WITH THE STOREYS IN ACCORDANCE WITH THE
OFFICIAL PLAN SECTION 4.4 AND OFFICIAL PLAN SECTION 4.4 AND
FIGURE 4-HEIGHT STRATEGYFIGURE 4-HEIGHT STRATEGY
HOUR OF SUNSHINE ON
STREET
COMMISSION:
ALL CONTRACTORS AND/OR TRADES SHALL VERIFY ALL DIMENSIONS,
NOTES, SITE AND REPORT ANY DISCREPANCIES PRIOR TO
COMMENCEMENT OF THE WORK. THIS DRAWING NOT TO BE SCALED, ALL
DRAWINGS, PRINTS AND RELATED DOCUMENTS ARE THE PROPERTY OF
THE ARCHITECT AND MUST BE RETURNED UPON REQUEST.
REPRODUCTION OF DRAWINGS AND RELATED DOCUMENTS IN PART OR IN
WHOLE IS STRICTLY FORBIDDEN WITHOUT WRITTEN CONSENT.
DRAWINGS TO BE FOR THE PURPOSE FOR WHICH THEY ARE ISSUED.
SHEET TITLE:
DRAWING No.:DRAWN BY:
CHECKED BY:
DATE ISSUED:
PROJECT No.:
1 07/11/2022 PRE-CON SUBMSSION
2 06/21/2023 REVISED CONCEPT/ELEVATIONS
JC
JC
3 07/17/2023 ISSUED FOR ZBA JC
4 08/14/2023 BEDROOM BREAKDOWN JC
5 09/11/2023 SHADOW STUDY + ELEVATIONS IC
6 10/17/2023 REV SHADOW STUDY AND FLOOR PLANS JC
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SUMMER SOLSTICESUMMER SOLSTICE
14-STOREY14-STOREY
RESIDENTIALRESIDENTIAL
DEVELOPMENTDEVELOPMENT
5640 STANLEY AVENUE, NIAGARA FALLS, ON.
NTRUE
PROJECT
1" 100'-0"
June 21, 7:30 PM
HOURS OF SUNSHINEHOURS OF SUNSHINE
JUNE 21
STREET
STANLEY AVE
NORTH ST
SUNSHINE REQUIRED
5 HOURS
3 HOURS
SUNSHINE PROVIDED
9 HOURS (12:07-9:00 SUNSET)
7 HOURS (7:07-9:07+4:07-9:00)
JUNE 21 2024JUNE 21 2024
SUNRISE IN NIAGARA FALLS SUNRISE IN NIAGARA FALLS
5:37 a.m5:37 a.m
SUNSET IN NIAGARA FALLS SUNSET IN NIAGARA FALLS
9:00 p.m9:00 p.m
No.No.DATE:DATE:DESCRIPTION:DESCRIPTION:BY:BY:
SCHEDULE 3
(Shadow Study)Page 20 of 27Page 139 of 544
GROUND FLOOR
0' - 0"
3RD FLOOR
24' - 9"
UG P1 PARKING
-11' - 6"
4TH FLOOR
34' - 9"
5TH FLOOR
44' - 9"
6TH FLOOR
54' - 9"
7TH FLOOR
64' - 9"
8TH FLOOR
74' - 9"
9TH FLOOR
84' - 9"
10TH FLOOR
94' - 9"
11TH FLOOR
104' - 9"
12TH FLOOR
114' - 9"
13TH FLOOR
124' - 9"
T/O ROOF
144' - 9"(44.12 m)(44.12 m)144' - 9"144' - 9"(3.51 m)(3.51 m)11' - 6"11' - 6"(3.51 m)(3.51 m)11' - 6"11' - 6"(4.50 m)(4.50 m)14' - 9"14' - 9"(3.05 m)(3.05 m)10' - 0"10' - 0"(3.05 m)(3.05 m)10' - 0"10' - 0"(3.05 m)(3.05 m)10' - 0"10' - 0"(3.05 m)(3.05 m)10' - 0"10' - 0"(3.05 m)(3.05 m)10' - 0"10' - 0"(3.05 m)(3.05 m)10' - 0"10' - 0"(3.05 m)(3.05 m)10' - 0"10' - 0"(3.05 m)(3.05 m)10' - 0"10' - 0"(3.05 m)(3.05 m)10' - 0"10' - 0"(3.05 m)(3.05 m)10' - 0"10' - 0"(3.05 m)(3.05 m)10' - 0"10' - 0"(3.05 m)(3.05 m)10' - 0"10' - 0"(3.05 m)(3.05 m)10' - 0"10' - 0"(3.05 m)(3.05 m)10' - 0"10' - 0"(1.83 m)(1.83 m)6' - 0"6' - 0"(4.74 m)(4.74 m)15' - 7"15' - 7"2ND FLOOR
14' - 9"
C
A13
14TH FLOOR
134' - 9"
UG P2 PARKING
-23' - 0"
PENTHOUSE CEILING
154' - 9"
T/O PENTHOUSE ROOF
160' - 9"(31.93 m)(31.93 m)104' - 9"104' - 9"(3.89 m)(3.89 m)12' - 9"12' - 9"(3.89 m)(3.89 m)12' - 9"12' - 9"T/O ROOF.
176' - 4"
COMMISSION:
SHEET TITLE:
DRAWING No.:DRAWN BY:
CHECKED BY:
DATE ISSUED:
PROJECT No.:
1 07/11/2022 PRE-CON SUBMSSION
2 06/21/2023 REVISED CONCEPT/ELEVATIONS
JC
JC
3 07/17/2023 ISSUED FOR ZBA JC
4 08/14/2023 BEDROOM BREAKDOWN JC
5 09/12/2023 REVISED SHADOW STUDY + ELEVATIONS JC
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NORTH STREETNORTH STREET
ELEVATIONELEVATION
14-STOREY14-STOREY
RESIDENTIALRESIDENTIAL
DEVELOPMENTDEVELOPMENT
5640 STANLEY AVENUE, NIAGARA FALLS, ON.
3/32" 1'-0"
NORTHST(NORTH)ELEVATION
No.No.DATE:DATE:DESCRIPTION:DESCRIPTION:BY:BY:
SCHEDULE 4
(Elevation facing North Street)Page 21 of 27Page 140 of 544
CITY OF NIAGARA FALLS
By-law No. 2023-XXX
A by-law to amend By-law No. 79-200, to permit the use of the lands for a 14 storey,
mixed-use building with ground floor commercial space and 162 dwelling units subject
to the removal of a holding (H) symbol (AM-2023-014).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law
are described in Schedule 1 of this by-law and shall be referred to in this by-law
as the “Lands”. Schedule 1 is a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by
this by-law. In the case of any conflict between a specific provision of this by -law
and any existing provision of By-law No. 79-200, the provisions of this by-law are
to prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The permitted uses shall be:
(a) Dwelling units in a building in combination with one or more of the
uses listed in section 8.6.1 of Zoning By-law 79-200, as amended,
provided that not more than 69% of the total floor area of such
building is used for dwelling units and further provided that such
dwelling units except entrances thereto are located entirely above
the ground floor
(b) the uses permitted in the TC zone
5. The regulations governing the permitted uses shall be:
(a) Front Lot Line For the purposes of this by-law,
Stanley Avenue shall be deemed to
be the front lot line
(b) Rear Lot Line For the purposes of this by-law,
Buchanan Avenue shall be deemed
to be the rear lot line
(c) Locations of the various
components of the building or
Refer to Schedule 2 of this by-law
and clause (e) of this section
APPENDIX A
(Draft Zoning By-law)
Page 22 of 27
Page 141 of 544
2
structure on the Lands, their
maximum height and
maximum number of storeys
and minimum yards
(d) Maximum height of building or
structure and maximum
storeys inclusive of storeys
containing mechanical
equipment
54 metres and a maximum of 15
storeys of which 14 storeys may
contain a place of occupancy and
which shall include the roof feature
as required by clause (f) of this
section and is subject to section 6
of this by-law
(e) Roof feature
The building shall have a roof
feature which has a minimum
height of 9 metres above the top
storey and may have a maximum
height of 10 metres, which is not
permitted to contain a place of
occupancy. The roof feature shall
be a distinct architectural element
of the building
(f) Projection of open balconies or
patios
Open balconies or patios may
project into any required yard
(g) Projection of unsupported
canopies
Unsupported canopies may project
into any required yard
(h) The balance of regulations specified for a TC use.
6. For the purposes of this by-law:
“Roof feature” means a distinct architectural element erected above the top
storey of the building and shall not contain a place of occupancy or be used for
commercial purposes, unless otherwise permitted by this by-law, and shall be
provided for the purposes of enhancing the design of the building and may
enclose any roof mounted mechanical equipment, mechanical penthouses, or
other similar elements. Notwithstanding Section 4.7 of By-law 79-200, and except
for any flagpoles, or other similar decorative roof features and radio, telephone,
television or telecommunication towers or antennae, no water tank, elevator or
other mechanical penthouse shall have a height greater than the roof feature
unless clad to be aesthetically consistent with the roof feature.
7. 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.
APPENDIX A
(Draft Zoning By-law)
Page 23 of 27
Page 142 of 544
3
8. No person shall use the Lands for a use that is not a permitted use.
9. No person shall use the Lands in a manner that is contrary to the regulations.
10. The holding (H) symbol that appears on Schedule 1 attached hereto is provided
for in the City of Niagara Falls Official Plan pursuant to Section 36 of the
Planning Act. No person shall use the Lands described in section 1 of this by -law
and shown hatched and designated TC(H) and numbered XXXX on the plan
Schedule 1 attached hereto for any purpose, prior to the H symbol being
removed pursuant to the Planning Act. Prior to the H symbol being removed, the
landowner or developer shall provide:
(a) An updated wind study with wind tunnel modelling demonstrating
acceptable wind conditions for the at-grade patio and pedestrian
realm to the satisfaction of the City;
(b) A Phase 2 Environmental Site Assessment to the satisfaction of the
Niagara Region, and file a Record of Site Condition on the Ministry
of Environment, Conservation and Parks Brownfields
Environmental Site Registry, in accordance with O.Reg. 153/04,
and providing a copy of the Ministry’s acknowledgement of the filing
of the RSC to the satisfaction of the Niagara Region;
(c) The implementation of noise mitigation measures and archeological
warning clauses at time of site plan;
(d) Information detailing how many units can be considered affordable;
and,
(e) A Parking Impact Analysis to the satisfaction of Municipal Works
within 1 year of the passing of this by-law.
11. The provisions of this by-law shall be shown on Sheet D4 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from TC and DTC to TC(H) and
numbered XXXX.
12. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1.1196 Refer to By-law No. 2023-XXX.
Read a First, Second and Third time; passed, signed and sealed in open Council
this XX day of MONTH, 2023.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
APPENDIX A
(Draft Zoning By-law)
Page 24 of 27
Page 143 of 544
4
S:\ZONING\AMS\2023\AM-2023-014 - Stanley, 5640, Buchanan, 5609 & 5619 (PID#854, 19986, 19985)\9 By-law\Bylaw - AM-
2023-014.docx
APPENDIX A
(Draft Zoning By-law)
Page 25 of 27
Page 144 of 544
APPENDIX A
(Draft Zoning By-law)
Page 26 of 27
Page 145 of 544
APPENDIX A
(Draft Zoning By-law)
Page 27 of 27
Page 146 of 544
5640 Stanley Avenue & 5609 & 5619 Buchanan Avenue – AM-2023-014
Applicant: Daljit Goraya
Agent: ACK Architects Studio Inc (Michael Allen)
Proposal: To permit a 14 storey mixed-use building
Zoning By-law Amendment Application
AM-2023-014
Page 147 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Location
SUBJECT
LANDS
Commercial
uses
Post
Foods
Hydro CorridorDetached
Dwellings
6 storey
hotel
St. Ann
Church
5640
5609
5619
Page 148 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Concept Plan
Page 149 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Renderings
Page 150 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Renderings
Page 151 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Background
•Applicant has submitted a Zoning By-law (ZBA) amendment for approximately 0.42 ha
(1.04 acres) of land.
•The land is designated Tourist Commercial and within the Clifton Hill Tourism Subdistrict
in the City’s Official Plan. The Official Plan permits a 14 storey mixed-use building.
•The 5640 Stanley Avenue is zoned Tourist Commercial (TC) zone, and 5609 & 5619
Buchanan Avenue are zoned Deferred Tourist Commercial (DTC), under Zoning By-law
79-200.
•The application requests the whole of the subject lands be rezoned a Tourist
Commercial (TC) zone to permit the proposed 14-storey mixed-use building with site
specific regulations.
•The proposal contains a total of 479.6 sq.m. (5,162 sq.ft.) of commercial space and 162
residential units.Page 152 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Requested Zoning – TC-XX
Deem Stanley Ave
the Front Yard
Required Min. Front, Exterior
Side and Rear Yard Setbacks:
0m + 15.25m from c/l of
Stanley Ave, 0m + 13m from
the c/l of North Ave, and 10m
from Buchanan Ave)
Requested: 0m
Deem Buchanan
Ave the Rear Yard
Required Max Height: 12m
Requested: 44m
Staff Recommends: 44m +
10m for an unoccupied
roof featureThat any building entrance or
patio awning may project into
the required front, rear or
exterior side yard setbacks.Support
Support with modification
Page 153 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Requested Zoning – TC-XX
Required Max Total Floor
Area of Dwelling Units: 50%
Requested: 69%
Required Min. Parking:
1.4/dwelling unit = 266 spaces
Requested:
1.25/dwelling unit = 202 spaces
Required Max. Projection of
open balconies not covered by
a roof or canopy or at grade
patios: 1.8m into front and
rear, 0.45 into exterior side
yards
Requested:
may project into the entire
front, rear or exterior side yard
Support
Do not support
Page 154 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Neighbourhood Comments
Concern Staff Response
Shadowing on
private residence
Projected shadows meet the City’s standards for sunlight (5 hours on
Stanley Avenue, 3 hours or North Street and Buchanan Avenue).
Traffic will
increase in the
neighbourhood
Transportation Services had no objections. North Street will continue to
operate satisfactorily.
On-Street Parking
(North Street) will
be negatively
impacted
Parking is permitted on both sides of the street from Stanley Ave to
Buchanan Ave. Transportation Services are currently reviewing this
section of North Street to determine if parking restrictions are warranted.
Results are anticipated mid November.
Loss of Privacy
from proposed
height
The Official Plan recognizes this as an area in transition. The proposal
steps down from 14, to 10, to 7, to 4 storeys as it approaches Buchanan
Ave, providing an appropriate transition and minimizing impacts to the
residential uses to the east. Privacy fencing between lot lines will be
examined at the site plan stage.Page 155 of 544
A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
•That Council approve the proposed Zoning
By-law amendment application subject to the
Holding provision and recommendations
contained in Staff report PBD-2023-67 on
tonight’s agenda.Page 156 of 544
5640 STANLEY AVE, 5609 & 5619 BUACHANAN AVE, NIAGARA FALLS
Project Team:
Developer |
Project Architect |
Planner |
Landscape Architect |
Civil Engineer |
Traffic Consultant |
Noise Consultant `|
Wind Consultant |
5640 STANLEY AVE
Zoning By -law Amendment
Stanley Lending Group
Page 157 of 544
APPLICATION SURROUNDING CONTEXT AND BUILDING HEIGHT
SURROUNDING CONTEXT:
•Low/ Medium Density Residential and Commercial
•Commercial plazas
•Multi-storey Midrise and Highrise Hotels
SUBJECT SITE:
Frontage: 74.2 m along Stanley Ave
Depth: 70.29m along North St
Area: 0.359 ha (3,589.7 sq.m)
EXISTING MID-
RISE AND HIGH-
RISE HOTELS
EXISTING
COMMERCIALEXISTING
RESIDENTIAL
EXISTING
COMMERCIAL
EXISTING
COMMERCIAL
EXISTING MID-
RISE HOTEL
SUBJECT
LANDS
EXISTING
COMMERCIAL
Page 158 of 544
APPLICATION SURROUNDING CONTEXT AND BUILDING HEIGHT
DOUBLE TREE
HOTEL
18 STOREYS
HILTON NIAGARA
FALLS TOWER 2
56 STOREYS
APPROVED 3-TOWER
RESIDENTIAL
DEVELOPMENT
14, 16 & 30 STOREYS
NIAGARA FALLSVIEW
CASINO RESORT
32 STOREYS
EXISTING
COMMERCIAL
EXISTING
RESIDENTIAL COMFORT
HOTEL
6 STOREYS
SUBJECT
LANDS
Page 159 of 544
CONTEXT PHOTOS
EXISTING SITE (NORTH-WEST ON STANLEY AVENUE)
EXISTING SITE (NORTH-EAST ON NORTH STREET)
EXISTING SITE (SOUTH-WEST ON STANLEY AVENUE)
EXISTING SITE (EAST ON BUCHANAN AVENUE)Page 160 of 544
Planning Context
Within the Niagara Falls Settlement Area / Urban Area
Within the Provincially Delineated Built-up Area
•Dwelling Units will count as Intensification
Official Plan Designation – Tourist Commercial
•Mixed Use Development is permitted
Within Medium Rise Overlay of City Height Strategy (9-12
Storeys permitted)
•Seeking an additional two (2) storeys
Zoning By-law 79-200 – Tourist Commercial (TC) &
Deferred Tourist Commercial (DTC)
•Mixed Use Development is a Permitted Use
Site Specific TC-X Zone
•Max height 43.28 m (14 Storeys)
•0.0 m setbacks along public roadways
•1.25 parking spaces per dwelling unit
•Encroachments for balconies, architectural features
and awnings.
PROPOSED DEVELOPMENTPage 161 of 544
PROPOSED DEVELOPMENT
PROPOSAL:
Increased Height to permitted 14-storey
Reduced Parking Space Requirements
Increased % of floor area used for
dwelling units
Reduced Setbacks
Zoning By-Law Amendment:
Maximum Height BLD A from 26m -> 43.28m
Parking ratio @ 1.28 per dwelling unit
Permitted dwelling unit percentage of total
floor area = 68.8%
Front, Rear, Ext Side Yard Setbacks =0.0m
Permit Canopy and Awing Encroachment
Ground Floor
Commercial
Ground Floor
Commercial
Residential
Page 162 of 544
PROPOSED DEVELOPMENT – LANDSCAPE PLAN
LANDSCAPING
Landscape Coverage
Site Landscaping: 12.25% (4,735 sq.ft)
Site Landscaping + Terrace Landscaping
18.65% (7,205 sq.ft)
37 Surface Parking
SITE LANDSCAPING PLANPage 163 of 544
PROPOSED DEVELOPMENT – ARTIST PERSPECTIVESPage 164 of 544
PROPOSED DEVELOPMENT – ARTIST PERSPECTIVESPage 165 of 544
PROPOSED DEVELOPMENT – UNDERGROUND PARKING PLANS
PARKING LEVEL 1 – 87 PARKING STALLS PARKING LEVEL 2 – 90 PARKING STALLS
Page 166 of 544
PROPOSED DEVELOPMENT – FLOOR PLATES
GROUND FLOOR – 0 UNITS
5,126 sq.ft COMMERCIALPage 167 of 544
PROPOSED DEVELOPMENT – FLOOR PLATES
2ND FLOOR – 18 UNITS Page 168 of 544
PROPOSED DEVELOPMENT – FLOOR PLATES
3RD FLOOR – 17 UNITS Page 169 of 544
PROPOSED DEVELOPMENT – FLOOR PLATES
4TH – 5TH FLOOR – 17 UNITS Page 170 of 544
PROPOSED DEVELOPMENT – FLOOR PLATES
6TH – 7TH FLOOR – 16 UNITS Page 171 of 544
PROPOSED DEVELOPMENT – FLOOR PLATES
8TH – 10 TH FLOOR – 12 UNITS Page 172 of 544
PROPOSED DEVELOPMENT – FLOOR PLATES
11TH – 14 TH FLOOR – 7 UNITS Page 173 of 544
PROPOSED DEVELOPMENT – FLOOR PLATES
MECH PENTHOUSE FLOOR
Page 174 of 544
PROPOSED DEVELOPMENT – ANGULAR PLANE SECTIONS
ANGULAR PLANE / OVERLOOK
Official Plan:
•Where mid-rise sites abutting stable residential areas exist the following rear setbacks and transitions are required to
minimize shadow and privacy issues on adjacent uses:
•Apply a 45-degree angular plane from the abutting property line for sites deeper than 36 m.
•Angular plane is encouraged but not required for the Subject Site Page 175 of 544
PUBLIC TRANSIT
PUBLIC TRANIST ANAYLSIS
PUBLIC TRANSIT STUDY
•3 Transit hubs are accessible by
way of walking and/or bussing
from the Stanley Site
•All Routes displayed have stops
within a 10-minute walk from the
proposed site
•The closest bus stop is 400 m /
6-minute walk from the site.
RESIDENTIAL 162 UNITS |226.8 SPACES (1.4/UNIT)|208 SPACES (1.28/UNIT)
COMMERCIAL 479.6 SQ.M |12 SPACES (1/40 SQ.M)|6 SPACES (1/80 SQ.M)
REQUIRED PROVIDED
Page 176 of 544
CONCLUSION
IN SUMMARY:
The proposed amendment is consistent with the
Provincial Policy, Regional & Municipal objectives for
intensification.
It promotes and efficient use of existing infrastructure(s)
& services, while providing an increased economic,
employment, & population growth for the City.Page 177 of 544
CONCLUSION
THANK YOU
Page 178 of 544
Page 179 of 544
PROPOSED DEVELOPMENT – ARTIST PERSPECTIVESPage 180 of 544
PROPOSED DEVELOPMENT – SHADOW STUDY
SEPTEMBER 21ST (SUNRISE 7:03 am SUNSET 7:14 pm)
JUNE 21ST (SUNRISE 5:37 am SUNSET 9:00 pm)Page 181 of 544
PROPOSED DEVELOPMENT – SHADOW STUDY
MARCH 21ST (SUNRISE 7:17 am SUNSET 7:30 pm)
DECEMBER 21ST (SUNRISE 7:45 am SUNSET 4:45 pm)Page 182 of 544
1
From:BGA111 <
Sent:Sunday, September 24, 2023 5:42 PM
To:Alexa Cooper
Subject:[EXTERNAL]-zoning bylaw - AM-2023-014
Follow Up Flag:Follow up
Flag Status:Flagged
RE: 5640 Stanley Ave
The irony of this proposed redevelopment is not lost on me. In the 60's, as a child, I watched them tear down
houses to build the current motel. Now I get to watch them tear it down. Yes I am a lifelong resident of the the
St. Ann's district.
The only concern associated with this re-development is "increased traffic". The traffic impact on the
neighbourhood streets will be negative.
I am opposed to this development unless the following conditions are met.
1) A stop light shall be constructed at the intersection of North and Stanley St.
2) Enterprise car rental must be restricted from conducting business on the street. Yes I mean on the street. They
park cars on both sides of North St and create a hazard for both vehicles and pedestrians.
3) Kitchener St must be closed at Buchanan to restrict traffic flow from MacDonald's (a concrete barrier would
work)
Regards,
Bruno Ariganello
NFO
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 183 of 544
1
From:
Sent:Thursday, October 26, 2023 8:38 PM
To:Alexa Cooper
Subject:[EXTERNAL]-Development at 5640 Stanley Ave, Niagara Falls
Follow Up Flag:Follow up
Flag Status:Flagged
Hello,
I just wanted to express my thoughts on the new construction and development at 5640 Stanley Ave, 5609 & 5619
Buchanan Ave in Niagara Falls, Ontario. I am very pleased to hear that such a project is taking place on our street. I am
very excited to see his project come live and cannot wait for it. I fully support the construction of this property.
Thank you.
Best Regards,
Rajiv Gupta
President
The Glengate Hotel & Suites
Niagara Falls, Ontario L2G 3X2
F: (905) 357-1341
reservations@glengatehotel.com
http://www.glengatehotel.com
This email is intended solely for the person to whom it is addressed. The information contained herein is privileged and confidential. Any dissemination, distribution or copying
of this email, other than by its intended recipient, is strictly prohibited. This email may contain information which is confidential and/or covered by legal, professional or other
privilege under applicable law. If you have received this email in error, please notify us immediately and destroy all copies of the information contained in or attached
thereto. Thank you.
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Page 184 of 544
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Page 185 of 544
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Page 186 of 544
1
From:Dave Aucoin <
Sent:Friday, October 27, 2023 11:46 AM
To:Alexa Cooper
Subject:[EXTERNAL]-5609 and 5619
Follow Up Flag:Follow up
Flag Status:Flagged
Dear Ms. Cooper
We are located at beside this project. We feel this project will be a tremendous opportunity and
success for Niagara Falls. This project is the gateway of Niagara Falls and I’m fully endorsing this project.
Thank you
Page 187 of 544
2
Page 188 of 544
3
David S.A Aucoin
DM Hospitality
CVO - Chief Vision Officer
5700 Stanley Ave.,Niagara Falls
Ontario, L2G3X6
Phone:
Cell:
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 189 of 544
1
Alexa Cooper
From:
Sent:Friday, November 10, 2023 7:18 AM
To:Alexa Cooper
Cc:' Joe Catanzaro';
Subject:RE: 5640 Stanley Avenue, 5609 & 5619 Buchanan Ave, Niagara Falls - City File:
AM-2023-014
Importance:High
From - Owners of , Niagara Falls L2G3V1
Objections to the Proposed Development at 5640 Stanley Avenue, 5609 & 5619 Buchanan Ave, Niagara
Falls - City File: AM-2023-014
We the 4 homeowners located just behind in the shadow of the proposed development site like to register
our serious objections and concerns as below:
1. Location of underground garage vent outlets and the Surface parking area for vehicles are very close to the
front of our homes. These vents will discharge all vehicle Emissions and smoke from underground parking
areas into the surrounding areas, means an all-time smoke and toxic gases pollution around our homes as
well as smog in winter. A similar pollution will be generated from the vehicles entering to and exiting from
the surface parking areas located just in front of our homes.
As we are aware vehicle exhaust emissions are comprised of carbon dioxide, nitrogen oxides, carbon
monoxide, sulfur dioxide, particulate matter (PM), and various hydrocarbons, including polycyclic aromatic
hydrocarbons (PAHs) and volatile organic compounds. All these pollutants can cause irritation in eyes, skin,
nose, and throat as well as acute symptoms such as coughing, wheezing, breathing difficulties, and chest
tightness. Long term exposure can cause asthma, pneumonia, bronchitis, and lung and heart problems.
Extended long-term exposure to these pollutants can aggravate these symptoms causing more widespread
reproductive, neurological, and respiratory effects; these can culminate in a variety of different types of
cancer, and in rare cases, death. This is a very serious health hazard.
2. Surface parking areas located just in front of our homes will involve nonstop guest and commercial vehicle
movements creating all kinds of noises at all times of day and night causing a serious disturbance to the
peace and quiet living in our homes.
3. Dust pollution in the environment will also be caused by the fine carbon particles in smoke of vehicle
emissions, and the dust created by vehicle movements.
4. Another serious issue is the height of building – it will seriously cut off sunlight for most part of the day and
deprive us from this basic natural privilege of life. No Sun for over half the day in full winter will also
hinder snow melting on roofs.
Solution to this issue is as below:
1. Relocate all underground garage Vents, and Vehicle parking areas to front of proposed development on
Stanley Avenue side.
2. Provide a sound proofing wall/fence around the development
3. Pretreat and clean all vehicle emissions coming out from underground garage vents before venting out into
the open environment.
Page 190 of 544
2
4. Review/ Reduce height of building so that the householders who have spent their lifetimes in this
neighborhood are not deprived of their basic living need - the sunlight. Under no circumstances the height of
this development shall be allowed to exceed the height of the adjoining hotel ‘Comfort Inn’.
Sincerely,
Joe Catanzaro, Tel:
Owner – , Niagara Falls
Paul Dhand, Tel:
Owner – Niagara Falls
Owner – , Niagara Falls
Kashmir Singh, Tel:
Owner – Niagara Falls
Page 191 of 544
1
The Niagara Falls Shadow Council
"The Official Opposition Party of the City of Niagara Falls 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 #11-14-2023-06
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 5.3
PBD-2023-67 (Additional comments added) AM-2023-014, Zoning
By-law Amendment Application 5640 Stanley Ave, 5609 & 5619
Buchanan Ave Applicant: 9431870 Canada Corp (Daljit Goraya)
Agent: ACK Architects (Michael Allen)
Council,
Someone better stand up and complement the applicant's presentation, it is a stunningly
beautiful proposal and building.
I cannot perceive a liability to this development.
It appears to be the right development at the right place at the right time.
If I was sitting on council, I would motion to approve the application and vote as such.
It is recommended that council approve this application with staff's recommendations.
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 192 of 544
2
Joedy Burdett
President of the Niagara Falls Shadow Council
"The Official Opposition Party of the City of Niagara
Falls 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 and "The Official Opposition Party of the City of Niagara Falls
Council" are 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 193 of 544
NIAGARA FALLS PUBLIC
LIBRARY
2024-2028 Strategic Plan
City Council Presentation November 14, 2023
Page 194 of 544
STRATEGIC PLANNING
PROCESS AND
METHODOLOGY
Page 195 of 544
OUR PLANNING PROCESS
Niagara Falls Public Library 2024-2028 Strategic Plan
Phase 2
External Assessment
Public Engagement
and Stakeholder
Consultation
Key Findings
Phase 1
Internal Assessment
Enviro Scan
Peer Analysis
Phase 3
Vision, Goals and
Objectives
Action Planning and
Implementation
June 2022 September 2023 Page 196 of 544
Internal/External Assessment –Key Findings Inputs
Niagara Falls Public Library 2024-2028 Strategic Plan
Key Findings
Consult
a
n
t
T
e
a
m
Observa
ti
o
n
s
C
E
O
I
n
t
e
r
v
i
e
w
&
Ma
n
a
g
e
m
e
n
t
W
o
r
k
s
h
o
p
Library
B
o
a
r
d
Intervi
e
w
s
St
a
f
f
W
o
r
k
s
h
o
p
s
Pop-Ups
C
o
m
m
u
n
i
t
y
Surv
e
y
s Staff Workshop
Online Community SurveyStakeholder
I
n
t
e
r
v
i
e
w
s
So
c
i
a
l
S
e
r
v
i
c
e
s
a
n
d
Y
o
u
t
h
Wor
k
s
h
o
p
Page 197 of 544
WHAT WE LEARNED
Key Issues and Opportunities
Page 198 of 544
Key Issues and Opportunities
1.The Library must position itself more effectively as a vital, relevant, innovative,
and forward-thinking organization that serves an important function in the city and
for the community.
2.The broader community and non-users of the Library are not fully aware of all the
services the Library has to offer. The perception is that the Library is still just a
place to borrow physical books.
3.The Library has not been effectively reaching out to meet the needs of some of
the city’s underserved communities, specifically youth/teens and newcomers.
There needs to be a stronger connection to the schools with greater resources
allocated for student learning and literacy.
Niagara Falls Public Library 2024-2028 Strategic Plan6
Page 199 of 544
Key Issues and Opportunities
4.Staffing is not as structured as it should be. Customer service staff in particular
has been negatively impacted by the pandemic and continually face challenges to
servicing and meet the needs of Niagara Falls’ marginalized communities.
5.The Library must prioritize its activities, programs and services based on budget,
resources, institutional mission, vision and strategic direction.
6.There are facility challenges throughout the system including major capital cost
repairs needed at Victoria Avenue, an extended closure at Stamford Centre and a
small and accessibility-challenged location at Chippawa.
7.The library is impacted by the reliance on and importance of digital. The Library
desires to be more innovative with new technology and systems and wants to re -
assess what services are vital to address the needs of the community.
Niagara Falls Public Library 2024-2028 Strategic Plan7
Page 200 of 544
GOALS AND OBJECTIVES
Page 201 of 544
Niagara Falls Public Library 2024-2028 Strategic Plan
Key Issues/Challenges Goals Objectives
Key Issues = the “What”
A distillation of the
Key Findings
Goals = the “How”
Targets to address the
challenges
Objectives = Achievable
outcomes for each goal
Page 202 of 544
Niagara Falls Public Library plays an essential role in the city by
providing free access to information, community resources
and social services, and supporting literacy and education
both online and in the branches. The challenge, however, is
that the broader community, non-library users, and many at
the municipality perceive the library to be an anachronism –
an institution that has not changed with the times and is still a
place to “just take out books.”
The Library must tell its own story. It must effectively
communicate its adaptability, its vitality, and relevance. The
goal is to not necessarily convert non-library users into users,
but rather to garner support for the Library as a valuable
community asset critical to maintaining a healthy, vibrant, and
livable city.
Goal 1 Objectives
1.Demonstrate the Library’s economic and
social value using evidence-based data.
2.Identify the Library’s strengths and
relevance to stakeholders.
3.Seek ways to increase the community’s
awareness of the Library’s collections,
programs, and services.
Goal 1: Positioning and Awareness
Niagara Falls Public Library 2024-2028 Strategic Plan10
Position the Library as a vital, relevant, innovative, and forward-thinking organization in the community.Page 203 of 544
Niagara Falls is a growing and increasingly diverse community.
Multiple factors -library locations are geographically
dispersed, one location is temporarily closed for construction,
public transit is limited, and a global pandemic which forced
most residents to shutter indoors and highlighted the digital
disparity –has put undue pressure on the Library to reach out
to the city’s vulnerable communities.
The Library needs to find new ways to effectively reach out to
equity deserving groups who have been historically
marginalized and strengthen its ties with the city’s
underserved residents including youth/teens and newcomers
to the city.
Goal 2 Objectives
1.Reassess current outreach practices to determine gaps and identify new approaches to connect with the community.
2.Strengthen the Library’s connection with
teens, older adults, and newcomers.
3.Prioritize how to support vulnerable and underserved communities given the Library’s current resources and infrastructure.
Goal 2: Outreach and Connection
Niagara Falls Public Library 2024-2028 Strategic Plan11
Create effective, targeted outreach strategies to address the needs of the residents of Niagara Falls.Page 204 of 544
Like many urban centres across the country, Niagara Falls is
confronting the challenges of homelessness and addiction
amongst its most vulnerable population. The Library is a
welcoming place open to all and is a refuge for many. Yet,
Library staff –and customer service personnel in particular –
are struggling to serve their needs.
Staff are empathetic, compassionate, and dedicated to serving
everyone in the community. However, the current
organizational structure includes policies and tightly defined
roles and responsibilities that are contributing to excessive
strain on Library staff.
The Library will work toward initiating systems, structures,
and programs to create and support a healthy and resilient
workforce that will empower staff to meet future challenges
and confidently and effectively serve everyone in the
community.
Goal 3 Objectives
1.Foster a positive and equitable
workplace.
2.Continue to support the health and
well-being of staff.
3.Build a sound and future-ready
organizational structure.
Goal 3: Organizational Strength
Niagara Falls Public Library 2024-2028 Strategic Plan12
Continue to develop a healthy work culture prepared to serve a growing and increasingly diverse population. Page 205 of 544
The Library has significant in-house technology expertise
across departments. Staff are passionate about finding
innovative ways to use technology to improve internal
operations and to empower the community according to its
needs.
The Library will prioritize using technology both internally to
support data-informed decision-making, and externally to
encourage the community to use technology to learn, create,
and innovate and to expand access to collections, programs
and services.
Goal 4 Objectives
1.Develop initiatives to empower the community
to use technology to learn, create, and innovate.
2.Leverage technology to improve access to
collections, programs, and services.
3.Continue to support staff efforts to establish
internal data reporting systems to inform
operations.
4.Identify the resources required to achieve the library’s technology goals.
Goal 4: Access and Technology
Niagara Falls Public Library 2024-2028 Strategic Plan13
Build on the Library’s technology strengths to showcase digital initiatives and opportunities.Page 206 of 544
VISION, MISSION, AND VALUES
Page 207 of 544
To empower communities
and inspire the pursuit of discovery, knowledge,
and creativity.
Niagara Falls Public Library 2024-2028 Strategic Plan15
Vision Statement
Page 208 of 544
A gateway to information –
through awareness, connection,
service, and access to
technology –fostering
community enrichment for all.
Mission Statement
Niagara Falls Public Library 2024-2028 Strategic Plan16
Page 209 of 544
Equity –Empowering all through equitable access and opportunities.
Respect –Embracing everyone with courtesy and dignity.
Inclusivity –Cultivating a nurturing and non-judgemental environment.
Accountability –Ensuring transparency, public trust, and responsible stewardship.
Empowerment –Enabling lifelong learning, igniting potential, fostering growth, and creativity.
Intellectual Freedom –Subscribing to an open exchange of information and ideas in a democratic society.
Institutional Values
Niagara Falls Public Library 2024-2028 Strategic Plan17
Page 210 of 544
People visited the library’s spaces to explore, stay warm or cool, learn a new skill,
hear a concert, view an art exhibit, use a computer, create and share.
Searches to learn, explore, and discover through our online research databases.
Interactions on social media as our community engaged with the library.
eBooks and audiobooks read, and movies and online learning videos watched by our
community as they discovered something new.
People attended
Programs powered up learning to paint, become more
ready to read, preserve their family history, create, learn,
discover, and connect.
Community led meetings in the library.
New cardholders ready to explore the library.
Questions answered by our staff.
Items checked out by the community to enjoy at home.
People attended
Computer
sessions, and
Creator Space
sessions where
People saw the
library at
Technology is a part of our everyday at the library, and our customers use it in a variety of ways
We bring the library to the community for barrier free discovery
Wifi sessions helped our community check email,
create resumes and apply for jobs, read the news,
connect with loved ones, fill out Service Ontario and
Service Canada forms, complete Smart Serve
certifications, take online courses... and so much more.
Events and programs out in the community.
Books, dvds, audiobooks, and
more delivered to the homes of Customers through the Visiting Library Service.
Visits to our website,
to explore
Pages about local history, digital
resources, programs, and more.
People explored their voice, sound, vision or history by
creating videos and music, or digitizing media.114
69,641
82,687
5,674 399
1,131
7,242
303 21
8,576 11,641
35
2,622
2,350 205
97,375
918
7,558
55,655
363,319
110
JANUARY - MARCH
2023SNAPSHOTQ1Niagara Falls Public Library enriches, inspires, empowers
and links the community through our resources, services,
outreach, and spaces. We proudly work to promote
literacy, a lifelong love of learning, and a culture of
reading, to enhance the quality of life in our community.
Page 211 of 544
People visited the library’s spaces to explore, stay warm or cool, learn a new skill,
hear a concert, view an art exhibit, use a computer, create and share.
Searches to learn, explore, and discover through our online research databases.
Interactions on social media as our community engaged with the library.
eBooks and audiobooks read, and movies and online learning videos watched by our
community as they discovered something new.
People attended
Programs powered up learning to paint, become more
ready to read, preserve their family history, create, learn,
discover, and connect.
Community led meetings in the library.
New cardholders ready to explore the library.
Questions answered by our staff.
Items checked out by the community to enjoy at home.
People attended
Computer
sessions, and
Creator Space
sessions where
People saw the
library at
Technology is a part of our everyday at the library, and our customers use it in a variety of ways
We bring the library to the community for barrier free discovery
Wifi sessions helped our community check email,
create resumes and apply for jobs, read the news,
connect with loved ones, fill out Service Ontario and
Service Canada forms, complete Smart Serve
certifications, take online courses... and so much more.
Events and programs out in the community.
Books, dvds, audiobooks, and
more delivered to the homes of Customers through the Visiting Library Service.
Visits to our website,
to explore
Pages about local history, digital
resources, programs, and more.
People explored their voice, sound, vision or history by
creating videos and music, or digitizing media.102
58,384
73,171
5,955 443
1,034
8,017
578 26
7,680 11,639
51
8,636
2,239 205
90,329
2,002
8,324
56,749
322,634
121
APRIL - JUNEQ22023SNAPSHOT
Niagara Falls Public Library enriches, inspires, empowers
and links the community through our resources, services,
outreach, and spaces. We proudly work to promote
literacy, a lifelong love of learning, and a culture of
reading, to enhance the quality of life in our community.
Page 212 of 544
People visited the library’s spaces to explore, stay warm or cool, learn a new skill,
hear a concert, view an art exhibit, use a computer, create and share.
Searches to learn, explore, and discover through our online research databases.
Interactions on social media as our community engaged with the library.
eBooks and audiobooks read, and movies and online learning videos watched by our
community as they discovered something new.
People attended
Programs powered up learning to paint, become more
ready to read, preserve their family history, create, learn,
discover, and connect.
Community led meetings in the library.
New cardholders ready to explore the library.
Questions answered by our staff.
Items checked out by the community to enjoy at home.
People attended
Computer
sessions, and
Creator Space
sessions where
People saw the
library at
Technology is a part of our everyday at the library, and our customers use it in a variety of ways
We bring the library to the community for barrier free discovery
Wifi sessions helped our community check email,
create resumes and apply for jobs, read the news,
connect with loved ones, fill out Service Ontario and
Service Canada forms, complete Smart Serve
certifications, take online courses... and so much more.
Events and programs out in the community.
Books, dvds, audiobooks, and
more delivered to the homes of Customers through the Visiting Library Service.
Visits to our website,
to explore
Pages about local history, digital
resources, programs, and more.
People explored their voice, sound, vision or history by
creating videos and music, or digitizing media.114
69,641
82,687
5,674 399
1,131
7,242
303 21
8,576 11,641
35
2,622
2,350 205
97,375
918
7,558
55,655
363,319
110
Niagara Falls Public Library enriches, inspires, empowers
and links the community through our resources, services,
outreach, and spaces. We proudly work to promote
literacy, a lifelong love of learning, and a culture of
reading, to enhance the quality of life in our community.JULY - SEPTEMBER
2023SNAPSHOTQ3
Page 213 of 544
502,740itemsborrowed
217,750 in person visits
1,331programs24,609attendees
20,914 questionsanswered
34,055WIFIsessions
24,362 computersessions
activecardholders45,086
347,066virtual visits
NEW this year
Fine Free on January 1
New collections: Outdoor equipment
Living Library: Outside the Box / Living with Autism
Partnered with The Canadian Library to host a
micro gallery at the Victoria Avenue Library.
The art installation is a memorial to all Missing and
Murdered Indigenous Women, Girls and Children.
PUBLIC LIBRARY
ANNUAL REPORT
2022
Page 214 of 544
REVENUE $5,547,916 TOTAL
EXPENSES $5,547,916 TOTAL
municipal contribution$5,068,532
provincial grants$167,558
internally generated$100,356
developmentcharges$77,378
federal grants$82,137
investment income$38,041
donations$13,914
employee costs$3,762,994
depreciation$593,732
operating costs$278,058
supplies, admin& programming$146,116
books, e-media & other collection materials $427,162
operating surplus$353,851
facilities$327,118
e-media & othermaterials$86,046
LIBRARY board
RETIREMENTS
STAFF milestones
MAJOR GIFTS
Anne Andres-Jones, Chair Barb Ness
John Anstruther, Vice Chair Dinesh S. Parakh
Councillor Lori Lococo Tim Tredwell
Kevin Letourneau Kathy Tsiantoulas
20 years Diana MacDonald 15 years Ana Mancini
15 years Kathy Albers 10 years Maryam Garshasbi
5 years Laura Chadwick 5 years Alison Pierson
Robert Bedore Donna Bedore
McCall MacBain Foundation $200,000 (deferred revenue)
First installment
PUBLIC LIBRARY 2022
ANNUAL REPORT
Page 215 of 544
1
The Niagara Falls Shadow Council
"The Official Opposition Party of the City of Niagara Falls 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 #11-14-2023-07
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 6.1
Niagara Falls Public Library Board - 2024-2028 Strategic Plan
(Presentation, annual reports added)
Council,
Sorry to say it, but the Stamford Centre branch should be dissolved and resources
redirected to the remaining locations.
I understand access to a library in that area is desirable, but the current environment and
numbers don't add up to justify it.
Staff should be directed to source a more suitable location for a library branch in that part
of the city.
It is recommended that council take this presentation as an opportunity to motion staff to
consider the recommendations above.
Page 216 of 544
2
Joedy Burdett
President of the Niagara Falls Shadow Council
"The Official Opposition Party of the City of Niagara
Falls 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 and "The Official Opposition Party of the City of Niagara Falls
Council" are 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 217 of 544
1
City of Niagara Falls
Customer Service Vision –
Council Meeting
November 2023
Page 218 of 544
2
Customer Service Vision Elements On A Page
I I I . G U I D I N G P R I N C I P L E S
Diversity and Inclusion
Ensure the City is inclusive and accessible
for customers across all services.
Establish policies and practices that
enable respectful, fair, and equitable
treatment.
Accountable
Build and maintain customer trust
through addressing customer requests
and providing responsive
communication.
Collaborative
Foster a culture of collaboration within
internal departments for a consistent
customer service experience. Engage
with customers to understand their
needs, expectations, and preferences.
Innovative
Embrace innovative technology and
processes to efficiently meet customer
needs, fostering greater engagement
with the City.
I I . C U S TO M E R S E R V I C E O B J E C T I V E S A N D O U TC O M E
OBJECTIVES OUTCOMES
Customers can conveniently engage with the City
•Improved customer satisfaction
•Increased number of self-serve options available
•Improved visibility on customer service requests
•Improved visibility on customer interactions
Employees are supported to deliver exceptional customer service •Improved employee satisfaction and engagement
Delivery of customer service is efficient
•Improved productivity and increased volume of service requests processed
•Reduced time to resolution
•Improved First Contact Resolution
Delivery of customer service is informed by customer input •Increased type and frequency of customer engagement
I . C U S TO M E R S E R V I C E V I S I O N
Vision:
We will deliver a welcoming and consistent customer service experience centered around the people we serve.Page 219 of 544
3
•Art of the Possible was completed
through a Jurisdictional Scan. The
following cities and countries were
considered:
•Toronto, Canada
•Vancouver, Canada
•Oakville, Canada
•Orlando, USA
•Long Beach, USA
•Canada
•United Kingdom
•Estonia
•Singapore
Inputs to the Customer Service Vision Development
Over the course of 4 weeks, Deloitte conducted the following activities to inform the City of Niagara Falls’ Customer Service St rategy
E X E C U T I V E S U M M A R Y
Jurisdictional
Scan
Stakeholder
Consultation
External
Engagement
•~60 internal stakeholders were
consulted to co-create the
Customer Service Vision
•Working sessions focused on 5 key
customer journeys:
1.Parking Ticket & Permits
2.Business License
3.Report an issue / Request for
Service
4.City Program Registration
5.Facility Issue
•~250 community members (>90%
residents) completed a feedback
survey posted to ”Let’s Talk Niagara
Falls”
•396 respondents partially
completed the survey
•Survey questions included
questions to understand
demographics, rank strategy
elements, and provide feedback
for suggested changes
Page 220 of 544
4
Jurisdictional Scan | Leading Customer Service Practices
Governments can create a seamless and user-centric experience for their customers by embracing digital innovation, tailoring public services, and nurturing citizen engagement and trust. Municipalities leading in Customer Service have made remarkable progress in these domains.
Invest in service modernization Provide tailored public services Nurture citizen engagement and
trust
Future-ready cities are more
forward-looking with technology
and plan to spend more on digital
infrastructure ($150 million vs. $93
million for others over the next five
years).
Leading examples:
Governments provide tailored
services to meet the unique needs
and delivery requirements of
individuals, as their distinct life
experiences may generate specific
service needs.
Leading examples:
Future-ready cities do more than
others to develop new roles, such
as CCOs and CXOs, to nurture
citizen engagement). They also
reach out more to stakeholders to
demonstrate the value of a project.
Leading examples:
•Toronto, Canada
•Vancouver, Canada
•Oakville, Canada
•Canada
•United Kingdom
•Estonia
•Singapore
•Orlando, USA
•Long Beach, USA
Page 221 of 544
5
Internal Stakeholder Consultation | What We Heard
Six themes were identified through internal stakeholder consultations.
CUSTOMER CENTRICITY TECH ENABLEMENT DATA -DRIVEN
PROACTIVITY CONSISTENCY SEAMLESS & INTEGRATED
Page 222 of 544
6
Sample Customer Service Journey
Pain Points
Report an Issue: Pothole
Resident calls to check if
pothole has been
repaired
There is no automated
process to inform the
resident of completed work
Request form can be
difficult to find online
Resident identifies a
need to report a pothole
New residents, in
particular, struggle with
finding information on
who provides services and
how to contact the city
Resident decides to
report pothole by visiting
the City website
Website can be difficult to
navigate for residents to
report an issue
The issue needs to be
manually entered into
Cartegraph (work order
system), where tasks and
work orders are created
City staff receives report
and creates work order
Page 223 of 544
7
External Stakeholder Consultation | Survey Summary
Respondents were largely satisfied with the elements
of the Customer Service Strategy –over 70% of
respondents indicated satisfaction or better for every
strategy element…
Rate your level of satisfaction for the following elements of the
Customer Service Strategy
13%60%18%9%
Customer Service
Vision
Customer Service
Objectives
Customer Service
Outcomes
Very Satisfied Satisfied Unsatisfied Very Unsatisfied
14%58%19%9%
13%61%19%7%
Customer Service
Guiding Principles
16%58%17%9%
We heard from 250* respondents:
* 250 respondents completed the entire survey –396 respondents in total started the survey who were eligible to complete it and partially completed it.
•95% of respondents are residents
•69%of respondents have lived or worked in Niagara Falls
for over 20 years
•Over 60% of respondents are 55+ years of age
•Over half of respondents use city services at least once a
month
•Most popular service: Paying a Water Bill and Paying
Property Taxes
•Most preferred method of contacting the city: Phone
followed by email
Page 224 of 544
8
THANK YOU
Page 225 of 544
CS-2023-02
Report
Report to:Mayor and Council
Date:November 14, 2023
Title:City of Niagara Falls Customer Service Strategy
Recommendation(s)
THAT Staff Report CS-2023-02 City of Niagara Falls Customer Service Strategy be
received as information;
AND THAT Council approve the City’s customer service vision, motto, objectives, and
guiding principles as outlined in Attachment 2.
Executive Summary
The City of Niagara Falls engaged Deloitte Inc. (Deloitte) in June 2023 to undertake
research and stakeholder facilitation to support the City in developing customer service
vision elements to guide technology investments and service delivery and to inform the
City’s Customer Service Strategy (CS strategy).
As part of the engagement, a CS strategy summary has been developed as a quick
reference guide for staff and articulates the City’s customer service vision noted below
which aligns with best practices and the City of Niagara Falls’ history and strong culture
of being client/customer focused.
“We will deliver a welcoming and consistent customer service experience centered
around the people we serve.”
The summary also includes the City’s customer service motto of:
“Delivering exceptional service by putting residents at the heart of everything we do.”
The purpose of this report is to seek Council’s approval of the City’s customer service
vision, motto objectives, and guiding principles. Though this is not a major divergence
from the City of Niagara Falls’ current practices providing Council endorsement of the
strategy provides staff with clear direction or a constant “North Star” which will guide
them through critical process changes and other decisions over the next number of
years. The full strategy document crystallizes input from best practices in other
communities, input from internal and external stakeholders in a “made in Niagara Falls”
manner.
Page 1 of 11
Page 226 of 544
Background
The City has embarked on a number initiatives to modernize its business processes and
services by replacing aging technology and eliminating manual, inefficient paper-based
processes.
This investment in technology will impact and integrate with the City’s customer service
modernization goals which include but are not limited to:
•Centralized customer service – one-stop shop
•Improved self-service opportunities
•Enhanced technology to improve access to services
•Increased efficiencies and satisfaction levels
•Enable better data collection, tracking and reporting
The modernization efforts focus on providing customers with a consistent, convenient
and seamless experience integrated across the customers “channel of choice” and
designed in a customer-centric approach.
Analysis
With a number of modernization initiatives underway, staff engaged Deloitte to align the
City’s customer service priorities and to strategically engage over sixty (60) cross-
departmental internal stakeholders and external stakeholders (coordinated through
Business Development) to discuss current and desired future state customer service
journeys, customer service design principles and futuristic customer service
opportunities to help inform the City’s customer service vision elements that the City will
leverage throughout our technology delivery and modernization efforts.
Deloitte’s approach included:
• Facilitating four (4) internal workshops with staff representatives from each City
Division/Department to:
align engagement and stakeholder facilitation approach;
present customer experience trends, leading practices and discuss applicability
to City operations;
reflect on internal and external discussions, best practices and case studies;
develop and co-design customer service vision, objectives and guiding principles
to inform the City' CS strategy; and
present findings, key considerations and lessons learned for successfully
navigating customer service transformation.
• Conducting five (5) internal and (1) external stakeholder consultation sessions to
explore customer service vision and guiding principles, current state and future
improvements for the following customer journeys:
Parking Ticket and Permits
Business Licensing
Page 2 of 11
Page 227 of 544
Reporting an Issue/Request for Service
City Program Registration
Facility Issue
• Coordinating an external engagement survey on Let’s Talk Niagara Falls
• Leading a series of checkpoint meetings throughout the engagement
Six (6) themes were identified through the internal and external consultations and have
been summarized as part of the Executive Summary included as Attachment 1 to this
report.
Additionally, Ms. Jaimie Boyd and Mr. Riyaz Nathwani from Deloitte will be in
attendance virtually at the November 14, 2023 Council Meeting to provide an overview
of the work completed as part of their engagement and Ms. Savannah Wells-Bisson,
Operations Support Supervisor with the City of Niagara Falls will supplement the
presentation highlighting a customer journey experience from a Municipal Works
perspective.
Throughout the consultations, we heard that the City has a positive customer
service/people culture, however, there are opportunities for the City to further invest in
tools, technologies and resources to better integrate and enhance service delivery to
increase efficiencies and satisfaction.
Operational Implications and Risk Analysis
The CS strategy summary provides a resource for all staff to utilize to guide front-line
service delivery, policy and procedure development, technology investment and
implementation guidelines.
Financial Implications/Budget Impact
There are no direct costs associated with approving the City’s customer service vision,
motto, objectives and guiding principles for the City, however, there are a number of
capital projects identified in the Capital Budget (primarily related to technology
investments for the new ERP, CRM, knowledgebase, website and internal intranet site)
along with related operating budget impacts (such as software licensing, training and
minor physical improvements to accommodate centralized counters) that will have
future financial impacts for the City.
Strategic/Departmental Alignment
This report aligns with the strategic pillar of Customer Service in the approved 2023-
2027 Strategic Plan. The findings and guiding principles from the engagement with
Deloitte have been incorporated and subsequently adopted as objectives in the
Strategic Plan under the Customer Service pillar.
With a project of this scale, all City Divisions/Departments have been and will continue
to be engaged in the CS strategy and related actions.
Page 3 of 11
Page 228 of 544
Contributor(s)
Staff representatives from each City Division/Department were involved as part of the
Stakeholder Consultations and additionally the initial Customer Service Steering
Committee was consulted throughout the process and in the development of the CS
strategy summary.
List of Attachments
CS-2023-02 Attachment 1
CS-2023-02 Attachment 2
Written by:
Shelley Darlington, General Manger of Corporate Services
Submitted by:Status:
Shelley Darlington, General Manger of Corporate
Services
Approved
- 08 Nov
2023
Jason Burgess, CAO Approved
- 08 Nov
2023
Page 4 of 11
Page 229 of 544
1
City of Niagara Falls
Customer Service Vision – Executive Summary
November 2023
Page 5 of 11Page 230 of 544
2
Customer Service Vision Elements On A Page
EXECUTIVE SUMMARY
III. GUIDING PRINCIPLES
Diversity and Inclusion
Ensure the City is inclusive and accessible for customers across all services. Establish policies and practices that enable respectful, fair, and equitable treatment.
Accountable
Build and maintain customer trust through addressing customer requests and providing responsive communication.
Collaborative
Foster a culture of collaboration within internal departments for a consistent customer service experience. Engage with customers to understand their needs, expectations, and preferences.
Innovative
Embrace innovative technology and processes to efficiently meet customer needs, fostering greater engagement with the City.
II. CUSTOMER SERVICE OBJECTIVES AND OUTCOME
OBJECTIVES OUTCOMES
Customers can conveniently engage with the City
•Improved customer satisfaction
•Increased number of self-serve options available
•Improved visibility on customer service requests
•Improved visibility on customer interactions
Employees are supported to deliver exceptional customer service •Improved employee satisfaction and engagement
Delivery of customer service is efficient •Improved productivity and increased volume of service requests processed
•Reduced time to resolution
•Improved First Contact Resolution
Delivery of customer service is informed by customer input •Increased type and frequency of customer engagement
I. CUSTOMER SERVICE VISION
Vision: We will deliver a welcoming and consistent customer service experience centered around the people we serve.Page 6 of 11Page 231 of 544
3
Inputs to the Customer Service Vision Development
EXECUTIVE SUMMARY
Over the course of 4 weeks, Deloitte conducted the following activities to inform the City of Niagara Falls’ Customer Service Vision
Stakeholder
Consultation
External
Engagement
•~60 internal stakeholders were
consulted to co-create the
Customer Service Vision
•Working sessions focused on 5 key
customer journeys:
1.Parking Ticket & Permits
2.Business License
3.Report an issue / Request for
Service
4.City Program Registration
5.Facility Issue
•~250 community members (>90%
residents) completed a feedback
survey posted to ”Let’s Talk Niagara
Falls”
•396 respondents partially
completed the survey
•Survey questions included
questions to understand
demographics, rank strategy
elements, and provide feedback
for suggested changes
•Art of the Possible was completed
through a Jurisdictional Scan. The
following cities and countries were
considered:
•Toronto, Canada
•Vancouver, Canada
•Oakville, Canada
•Orlando, USA
•Long Beach, USA
•Canada
•United Kingdom
•Estonia
•Singapore
Jurisdictional
Scan
Page 7 of 11Page 232 of 544
4
Jurisdictional Scan | Leading Customer Service Practices
Governments can create a seamless and user-centric experience for their customers by embracing digital innovation, tailoring public services, and nurturing citizen engagement and trust. The following leading practices were identified as inspiration for the City of Niagara Falls.
EXECUTIVE SUMMARY
Jurisdictional
Scan1 Stakeholder
Consultation2 External
Consultation3
Invest in service modernization Provide tailored public services Nurture citizen engagement and trust
Oakville, Canada
Launched new recreation software which includes expanded online services including membership sales, select facility rentals, and last-minute ice bookings, etc.
Vancouver, Canada
The new Van311 app includes improved service status and resolution messaging, ability to request services without creating an account and offering a new way to connect with city services.
United Kingdom The “once-only” approach: Individuals never need to provide the same information to the government repeatedly.Estonia In Estonia, a unique digital ID allows each citizen to interact with government electronically though a single portal.SingaporeA new one-portal approach allows citizens to access various government services on their mobile devices.
Orlando, USAOrlando prioritizes inclusion of residents in the development of its plans.The city drafted Future-Ready City Master Plan by interviewing staff, conducting roundtables and public workshops. The plan includes foundational goals, such as “people first”, “transparent”, “collaborative.”
Long Beach, USA
Long Beach has launched multiple tools to increase transparency and enable citizens to provide feedback. The city launched a dashboard to display spending, community impact stories, key performance and equity metrics related to the Long Beach Recovery Act.
Toronto, Canada
The city has invested $57 million through the Digital Main Street program to help small businesses go digital and develop e-commerce capabilities.
CanadaLaval launched a smartphone app to help citizens with special needs ride a bus.Page 8 of 11Page 233 of 544
5
Internal Stakeholder Consultation | What We Heard
Six themes were identified through internal and external stakeholder consultations.
EXECUTIVE SUMMARY
Jurisdictional
Scan1 Stakeholder
Consultation2 External
Consultation3
While staff are already focused on customers, there are opportunities to further foster a customer-centric mentality through empathy, friendliness and support, while recognizing diverse needs of citizens by enabling flexibility and choice.
Although there are already certain technology tools in place, enabling and empowering customers and staff through the development, integration and enhancement of digital services can increase efficiency and satisfaction.
While services and support can be accessed through various channels, an opportunity lies in further enabling a frictionless experience for users when engaging with the City, by implementing integrated processes and technologies.
CUSTOMER CENTRICITY TECH ENABLEMENT DATA - DRIVEN
The desire to be proactive rather than reactive stems from a growing will to positively enhance the customer experience and implement efficient solution-oriented approaches.
PROACTIVITY
While an array of services is offered through various departments and channels, an opportunity lies in instilling consistency throughout the customer’s journey to further foster trust and efficiency.
CONSISTENCY
Modest data collection and management currently exists, serving as a steppingstone towards an important opportunity to further develop databases to better understand and serve City staff and customer needs.
SEAMLESS & INTEGRATED
Page 9 of 11Page 234 of 544
6
External Stakeholder Consultation | Survey Summary
EXECUTIVE SUMMARY
Jurisdictional
Scan1 Stakeholder
Consultation2 External
Consultation3
Respondents were largely satisfied with the elements
of the Customer Service Strategy Elements – over 70% of
respondents indicated satisfaction or better for every
strategy element…
Rate your level of satisfaction for the following elements of the Customer Service Strategy
13%60%18%9%
Customer Service
Vision
Customer Service
Objectives
Customer Service
Outcomes
Very Satisfied Satisfied Unsatisfied Very Unsatisfied
14%58%19%9%
13%61%19%7%
Customer Service
Guiding Principles
16%58%17%9%
We heard from 250* respondents:
* 250 respondents completed the entire survey – 396 respondents in total started the survey who were eligible to complete it and partially completed it.
•95% of respondents are residents
•69% of respondents have lived or worked in Niagara Falls for over 20 years
•Over 60% of respondents are 55+ years of age
•Over half of respondents use city services at least once a month
•Most popular service: Paying a Water Bill and Paying Property Taxes
•Most preferred method of contacting the city: Phone followed by email
Page 10 of 11Page 235 of 544
City of Niagara Falls Customer Service Strategy
OUR VISION
We will deliver a welcoming and consistent customer service
experience centered around the people we serve.
GUIDING PRINCIPLES
OUR MOTTO:
“Delivering exceptional service by putting residents at the heart of everything we do!”
OBJECTIVES Customers can conveniently engage with the City
Employees are supported to deliver exceptional customer service
Delivery of customer service is efficient
Delivery of customer service is informed by customer input
OUTCOMES
•Improved customersatisfaction
•Increased numberof self-serve options
available
•Improved visibility
on customer service
requests
•Improved visibility oncustomer interactions
•Improved
employee
satisfaction &
engagement
•Improvedproductivity andincreased volumeof service requestsprocessed
•Reduced time to
resolution
•Improved FirstContact Resolution
•Increased type
& frequency
of customer
engagement
INCLUSIVE
& DIVERSE
Ensure the City is
inclusive and accessible
for customers across
all services. Establish
policies and practices that
enable respectful, fair and
equitable treatment.
ACCOUNTABLE
Build and maintain
customer trust through
addressing customer
requests and providing
responsive communication.
COLLABORATIVE
Foster a culture of
collaboration within
internal departments for a
consistent customer service
experience. Engage with
customers to understand
their needs, expectations
and preferences.
INNOVATIVE
Embrace innovative
technology and processes
to efficiently meet
customer needs, fostering
greater engagement with
the City.
Page 11 of 11
Page 236 of 544
Presentation to Council
Presenter: Carol Nagy, Executive DirectorPage 237 of 544
EXPANDING ACROSS NIAGARA
TWO New Centres
of Excellence
Projected Opening:
Summer 2025
WELLAND
WALKER HOUSE Page 238 of 544
EXPANDING ACROSS NIAGARA
TWO New Centres
of Excellence
Projected Opening:
2026
FORT ERIE
WILLSON HOUSE Page 239 of 544
PROGRAMS and SERVICES
Page 240 of 544
MUNICIPAL PARTNERS
Investing in
Hospice
Palliative Care
Improved
Population
Health
Trusted
Services
Value for
Money
City of Port Colborne
City of St. Catharines
City of Thorold
City of Welland
Niagara Region
Town of Fort Erie
Town of Pelham
Page 241 of 544
THE IMPACT
This expansion will ensure that every
year in Niagara:
900+
3,700+
800+Page 242 of 544
THE IMPACT
Our volunteer base
will increase to
700 volunteers giving
approximately
75,000 hours per year.Page 243 of 544
ECONOMIC IMPACTS
Niagara will see
60 NEW health care jobs and add
over
$1M annually to the local business
economy.Page 244 of 544
CONTRIBUTIONS UPDATE
Public Contribution:
$18M Target
Progress to Target:
79% ($14.3M)
With MoH & HN
contributions:
91%to Target
Page 245 of 544
THE HOSPICE DIFFERENCE
We all experience dying, death and bereavement. It touches each
and every person multiple times. Supporting people
to live well until last breath is a measure of
our humanity.
Investing in
Hospice
Palliative Care
Improved
Population
Health
Trusted
Services
Value for Money
Page 246 of 544
QUESTIONS
For more information,
please contact: 905.984.8766 x224
campaign@hospiceniagara.ca
hospiceniagaraclosetohome.ca
Page 247 of 544
Briefing Note: Update Hospice Palliative Care - Approved Expansions in
Niagara Region
Hospice Niagara is currently underway with the provincially-approved expansion of hospice care with the
addition of 20 new hospice suites within the region. In Welland, the new hospice centre, Walker House, is
currently at 20% of construction completion. Willson House in Fort Erie, is in the final design stage.
Along with this increased capacity in hospice suites, expansion planning has also been submitted to
provincial funders for increased capacity in palliative care to serve people in their homes and in Long-Term
Care.
It is important to consider and continue planning for other opportunities in Niagara to expand hospice care
to serve the Region, as ministry planning and funding cycles can take several years. Hospice Niagara is
well-positioned and willing to move in this direction, given the current expansion projects are well underway.
Why it’s important for ALL Municipalities to Invest Now in Hospice Palliative Care
The hospice capacity in Niagara with these new suites will increase to approximately 6 beds per 100,000
resident, (not including West Niagara). However, the Auditor General in 2014 recommended 7-10 beds per
100,000, which highlights the need for further hospice expansion in Niagara. It is also important to consider
Niagara’s need and capacity given our demographic trend towards an aging population.
Hospice care is delivered at a fraction of the cost of hospital care. The average cost of a hospice bed is
$500 per day, while a hospital bed costs over $1,200 per day, saving our health care system millions of
dollars each year. While end of life and dying in hospital or their home meets the needs or necessities for
many people, hospices provide people and their families with individual care, input into all care decisions
and most important, focuses on specialized palliative care and dignity at end-of-life.
Economical Planning
Based on recent construction cost inflation, a typical stand-alone hospice residence build falls within the
range of $600-$700 per square foot, for specialized building features and increased infection prevention
requirements.
If new hospice sites are approved in the future, the Ministry of Health potentially will provide Hospice Niagara
with $2,500,000 toward approved standard elements, with an opportunity for special circumstances grant
request for exceptional circumstances. Regional funding contributions, along with all municipal support
toward the current approved projects and any new projects demonstrates the importance of these projects
in our region and is a strong element to the business case for provincial approval of these types of grants.
Page 248 of 544
We rely on your donations to provide our programs and services throughout Niagara.
Official income tax receipts are provided for donations of $20 or more.
Sustainable Growth
Hospice Niagara has existing professional management and infrastructure to sustainably manage the
associated administrative and professional staffing demands to expand its operations and accredited
hospice services in Niagara. In addition, the organization has the community recognition and support to
raise the required $2.8M annually to operate a 10-bed facility and leverage existing volunteer recruitment,
training and retention programs in place to offset operational costs.
Hospice Niagara has demonstrated and proven success to ensure that the capital builds and hospice
services that are provided in its current and future model are viable and sustainable to serve Niagara’s
hospice needs for future generations.
Capital Campaign Contributions
Hospice Niagara’s capital campaign has launched, with a target of raising $18M toward the build costs for
the Fort Erie and Welland sites. Hospice Niagara is working to secure contributions from every municipality,
exempting communities in West Niagara that are served by McNally House. Hospice expansions that occur
in Niagara benefit all residents of Niagara.
Improved Care for Niagara
Niagara’s much needed Hospice expansion is important to every community. Provincially approved
expansion models in Niagara create a template for other communities in Niagara to plan alongside Hospice
Niagara for future hospice resource expansions.
Most importantly, expansion means:
• Increased local access to weekly hospice wellness programs, caregiver and bereavement support;
• Influx of palliative care professionals working within communities;
• The expansion of Francophone programs and services;
• Culturally safe programs, that focus on health equity;
• Onsite expert consultations to help people living in LTC homes throughout Niagara to avoid hospital
admissions due to pain crisis and complex end-of-life care and;
• Better planning, transitions and improved quality of life for patients and families, who will have
access to vital hospice and community palliative care services.
These and future projects are community and provincial investments that will maintain Hospice Niagara’s
proven record in providing exceptional care according to best practice standards, while ensuring sustainable
expansion through partnerships and integration.
It is important for all Niagara communities to support Hospice Niagara with its existing, approved expansion
plans, and equally important for Hospice Niagara to support communities to continue their efforts to expand
hospice services to meet growing demands.
We thank all municipalities for their confirmed commitments to the Hospice Niagara expansion and
encourage the remaining communities to consider your local contribution request.
Page 249 of 544
Executive Director Stephen Cooper for:
Niagara Falls City CouncilCommunity CrewPage 250 of 544
Community Crew2022/ 2023 school year –last year Start 2023/ 2024 school year –this yearPage 251 of 544
Niagara Falls NotesCommunity Crew•Highest need for lunches in the Niagara Region, according to poverty data, is
a Niagara Falls school -James Morden. They are our highest daily lunch count
at 114 and are in need of significantly more.
•Elementary school registrations are up at every school across Niagara, both
in New Canadians and with families moving around the province and country.
•The increase in weekly Niagara Falls schools of 633 to 843 is an additional
$22,750 in funding needed.
•Students are on the wait list at all schools to receive our lunches
•Greatest rise is Halal and lactose-free and these lunches require significantly
higher funding due to specialty costs.
•Our Niagara Falls schools require almost $100,000 of our revenue budget in
just food costs alone.
•Once a week every lunch gets inspirational hand-written notes from
community partners across the Niagara Region.Page 252 of 544
Working TogetherCommunity CrewYOU
Page 253 of 544
Upcoming EventsCommunity Crew•FREE ManySeeds Ap turns 15
seconds into lunches for kids
•Giving Tuesday Match campaign
until Dec 15th to $10,000 new
donations.
•A Niagara Christmas at Central
Community Centre supports
Community Crew & Niagara Jazz
Festival –Dec 8th and 9th
Page 254 of 544
Crime Stoppers believes that community involvement is
critical to the success in fighting crime and making our
community safer.
The purpose of Crime Stoppers is to overcome fear of
reprisal and encourage the public to anonymously
become involved in assisting law enforcement agencies in
the apprehension and conviction of criminals.Page 255 of 544
How has Niagara Regions
investment helped our Regions
community and residence?
Total fundraising, Sponsorship, and
Donations yielded a $3.74 return on
investment for our local community.
374%
Each Category below far outstrips
what Crimestoppers took in.
Property Recovered,
$379,980
Cash Recovered,
$273,623
Drugs Seized,
$332,342
Total seizure & recovery of $985,945
That’s a return of $3.74 on every dollar our community invested!
Drugs Seized: $332,342
Property Recovered: $379,980
Cash Recovered $273,623
Crime doesn’t pay, Crimestoppers does.Page 256 of 544
What I can measure.
5057 tips received(Rewards Wanted)
-Average of 4.6 tips every day
-Average of 32 Tips per week
Our tips generated
-125 Arrests
-289 Charges laid
These arrests and charges
allowed our police to
clear 84 cases off their
workload.
6 Guns off the streets of our
community
How has Niagara Regions
investment helped our Regions
community and residence?
Drugs Seized: $332,342
Property Recovered: $379,980
Cash Recovered $273,623
$3.74 return on every dollar
What I can’t measure
How many would report
without guaranteed
anonymity?
•How many of these would still be under
investigation?
•How many of these would even be known?
•How much investigation time was saved?
•How many future crimes were prevented?
•How many officers were freed up
to work on other cases?
•How long would have these 84
cases taken to close w/out tips?
•Would all of them even get
closed?
Not everything that counts can be counted, and not
everything that can be counted counts. –William Bruce Cameron
•Were lives saved?
•Were police saved form an armed
standoff?
•Was an officer saved from having
to shoot someone?Page 257 of 544
How has Niagara Regions
investment helped our Regions
community and residence?
•Drugs Seized: $332,342
•Property Recovered: $379,980
•Cash Recovered $273,623
$3.74 return on every dollar
•5057 Anonymous tips received
•125 Arrests
•289 Charges Laid
•84 Cases cleared
•6 Guns off our streets
Crime Stoppers Niagara has become and essential tool to media
and police when calling for information from the public.
Rose said police continue to investigate the murder, and —as is the
case in most active investigations —know there are witnesses out
there who have yet to come forward. That is the reality of any
investigation, and is why Crime Stoppers has become a “valuable”
partner for police, giving those scared for their safety, or who may fear
repercussions, an anonymous option. –Excerpt from stcatharinestandard.ca
Case Closed
Page 258 of 544
How has Niagara Regions
investment helped our Regions
community and residence?
•Drugs Seized: $332,342
•Property Recovered: $379,980
•Cash Recovered $273,623
$3.74 return on every dollar
•5057 Anonymous tips received
•125 Arrests
•289 Charges Laid
•84 Cases cleared
•Guns off our streets
Education & Awareness.
•Essential tool for Police and Media
Be Aware Take Care Program.
In partnership with the Niagara
Elder abuse prevention network
have put together a seminar on
several aspects of targeted crime
that uniquely victimize Niagara
Region elder population.
Topics Covered:
•Targeted Scams
•Targeted fraud
•Personal Safety
•Home Security
•Crime Prevention Etc.
Crimestoppers has put on
❑32 Presentations
❑641 individuals educated
Page 259 of 544
Community engagement and public campaigns.
How has Niagara Regions
investment helped our Regions
community and residence?
•Drugs Seized: $332,342
•Property Recovered: $379,980
•Cash Recovered $273,623
$3.74 return on every dollar
•5057 Anonymous tips received
•125 Arrests
•289 Charges Laid
•84 Cases cleared
•Guns off our streets
•Essential tool for Police and Media
•Education & Engagement
•Elder Abuse Awareness
•Human Trafficking Awareness
•Illegal Dumping Awareness
•Fight for Youth campaign
•Online Shopping campaign
•Be Aware take care booklet campaign
•1700 Booklets sent out in relation.Page 260 of 544
What are our plans this coming year
to try and help our community
more?
Human Trafficking awareness campaign and education.
Create a Niagara based
human trafficking
awareness campaign.
Post signs in secondary
schools with statistics and
what to look for.
Design an education
package and present to
Grade 8 or 9 students.
Recruit older kids to
present to younger kids.
IE: Grade 12 present to
grade 8. covering:
How to spot the warning
signs How to avoid it
Educate on tactics
employed in grooming
and luring.
What to do if you believe
it is happening to
someone you know
What to do if you believe
it is happening to you
Promote conversation
within the young
community
“If you think education is
expensive, try ignorance.” –Jeff Rich
Educating Vulnerable
populations with specific
and unique programs
targeted directly at those
specifically affected is the
best way we know to get
the message out.
We have developed our
programs for the elderly
and their specific concerns,
Now we need to do it for
the young. Page 261 of 544
Partnership
Opportunities
•No direct financial support
•Communications Cross Posting
•Tip-line awareness
•Social media campaigns such as
Human Trafficking prevention
•Signage in the city
•Sponsorship opportunities
Page 262 of 544
How has Niagara Regions
investment helped our Regions
community and residence?
•Drugs Seized: $332,342
•Property Recovered: $379,980
•Cash Recovered $273,623
$3.74 return on every dollar
•5057 Anonymous tips received
•125 Arrests
•289 Charges Laid
•84 Cases cleared
•Guns off our streets
•Essential tool for Police and Media
•Education & Engagement
•Community Engagement
•Public Campaigns
Thank you for your ongoing support
We depend on the regions continued support
Please help us continue to support our
community.
Ernie Sibbet
Board ChairJason Snyder
Vice Chair
Mike Britton
Secretary
Ben Simmonds
Treasurer
Ana Cabansay
Board Member
Clarissa Gatbonton
Board Member
Jake Orr
Board Member
Ziad Hajifazul
Board Member
Peter Holman.
Board Member
Tom Easnor
Board Member
Joey Burke
Board Member
Gary Snider
Board Member
Alexander Reschke
Board Member
Bradley Robinson
Board Member
Alexandra (Aleks) Iankoulov
Board Member
Brooklyn Mercer
Administrative CoordinatorPage 263 of 544
R&C-2023-13
Report
Report to:Mayor and Council
Date:November 14, 2023
Title:City Outdoor Pools Update
Recommendation(s)
1. To operate the outdoor pools until they reach their economic life span, this
includes increasing our annual spend on repairs and maintenance on our outdoor
pools.
2. Direct staff to complete a strategic review of its aquatic services as well as
undertake a feasibility study to determine the need for a new indoor pool, cost
and possible locations.
3. To decommission and demolish the EE Mitchelson pool and building in order to
avoid the anticipated $893,000 of immediate repairs. Approximate cost to
decommission and demolish the pool is $100,000.
4. To work with the EE Michelson community to determine another investment in
the park for the community.
Executive Summary
The City of Niagara Falls currently operates five outdoor pools and one indoor pool,
additionally the City financially supports a second indoor pool. The pools were
constructed pools outdoor for costs operating the 2005. to 1969 from Gross
maintenance and programming is approximately $700,000 with offset revenues of
$35,000 from swimming lessons.
This past summer, with E.E. Mitchelson closed, due to the need for repairs, the two-
month four (4) outdoor pool operation served approximately 42,953 people, in 2023.
Additionally, 22,019 swimmers attended the MacBain Community Centre indoor pool.
In E.E. including pools, outdoor (5) participants the attended 41,565 2022 five
Mitchelson, as well as 14,568 swimmers visiting the Community Centre.
At the present time the city offers free public swimming at outdoor pools. Free
swimming provides access to all community members and encourages all ages to
participate in an physical activity. Due to higher operating costs admission fees are
charged for the MacBain community Centre pool; participants are charged $4.00 per
child, $5.00 per adult, $4.50 per senior and $10.00 or $15.00 per family (depending on
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Page 264 of 544
the number of children). Revenues collected from swimming lessons, aquatic fitness
classes and swim admissions are approximately $326,000.
The recommendation to reduce the number of outdoor pool facilities is due to the
increase in utility costs, high operating costs, accessibility issues and future capital
expenses. a on (based of minimum $893,000 requires pool Mitchelson E.E. a
preliminary estimate with risk that this amount may rise) to open next summer (2024).
In the total all five pools require funding of $3.4 million over the next five (5) years
(Attachment #1) to continue to operate.
This past summer the city hired Roth Integrated Asset Management Strategies to
conduct a Building Condition Assessment (BCA) on all five (5) outdoor pools and
buildings. enhancements accessibility or facility assessment considered The no
requirements. The objective of the BCA was to identify the current condition of the
asset components, and to provide capital and maintenance renewals that will be
required to address current backlogs and over the next five (5) to twenty years. It is this
study that determined the $3.4 million dollar estimate to maintain the five pools.
An accessibility audit and further engineering studies for all pools for structure and
standard foundation are recommended to be completed. The last accessibility audit
was conducted in 2016. RCF staff recommend FH Leslie pool (centrally located) and
Buck Hinsberger Pool (located in Chippawa), be audited and modified to adhere to
basic accessibility standards. These costs have not been factored in at this time.
In 2024 Council will receive the non-core Asset Management Plan. The document will
list the non-core assets and the recommended dollars to maintain the assets over the
next five and ten years. Council will need to make some hard decisions to determine
what assets require future funding. RCF have identified a few key projects to fund over
the next five years:
1. Chippawa Willoughby Memorial Arena, arena floor and boards need to be replaced,
plus changerooms need to be renovated to create accessible spaces for all ($2 M).
Council will also need to consider adding the Chippawa Library branch to the facility.
2. Kalar Park turf will need to be replaced ($750,000+).
3. Implement Houck Park plan new amenities.
4. Develop a new cricket facility ($1 M+).
5. to maintain the Gale Centre and MacBain Additional dollars will be required
Community Centre as these buildings will be approaching 20 years of service.
Page 2 of 17
Page 265 of 544
Background
Five-to-ten-year capital plans have been developed for the City’s major facilities. To
effectively plan and maintain the outdoor swimming pools a comprehensive review was
completed this summer. Over the last ten years minor capital repairs have been
completed at the pools including the installation of pool liners, pool building roof repairs
and minor repairs to the mechanical systems.
The consultant’s BCA report phased in the pool repairs ranging from immediate safety
requirement/operation to within two (2) to three (3) years. The total cost of the
recommendation repairs for the five (5) outdoor pools is $3.4 million. The $3.4 million
will simply maintain the pools and will not address other items such as accessibility and
new features.
Immediate repairs and life cycle replacements are required for all five (5) pools. The life
span for an outdoor pool is approximately 40 years. With the majority of the outdoor
pools over 50 years of age significant dollars are required to maintain the pools. All
pools require an Engineering Study to confirm the condition of the pool structure and
standard foundation. The study will cost approximately $20,000 per pool.
Repairs range from parking lot replacement, replacing washroom fixtures, showers,
partitions, piping, doors, lighting, fencing, roofs and pool mechanical equipment -
pumps, sand filters.
Approximate costs to build a new outdoor pool range from four (4) to seven (7) million
dollars depending upon the size of the pool and features. The city of Welland is
constructing a new outdoor pool facility that will include a 50 metre lap pool, diving area,
beach entry, rock climbing wall and teaching area for $6.57 million to replace the aging
Memorial Park pool.
At the present time none of all the pools are considered accessible based on current
accessible report the requirement, a included is it Although standards. not
recommendations to ensure the facilities adhere to the Ontario Building Code (2015)
and the Facility Accessibility Design Standards (FADS).
Analysis
The trend is for municipalities to move away from providing outdoor pools due to
the high operating costs and short two-month season and to direct funds to
maintain indoor facilities.
The Ten-year Recreation, Culture &Parks Plan (2021) recommended.
RCP3-5 Prepare an Outdoor Pool Revitalization Strategy that engages communities
surrounding each outdoor pool and aquatic stakeholders to confirm outdoor pool needs,
determines user appropriate improvements that could enhance the experience,
addresses accessible facility design requirements, and encourages greater use of the
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outdoor pool system through desired amenities and programming. No new outdoor
pools are recommended. Timeline medium term (5 - 7 years)
The current outdoor pools are located geographically throughout the city, attachment #2
provides a map of the pools and splash pads. Three pools – F.H. Leslie, NF Lions and
E.E. Michelson are located within a few kilometers of each facility. Based on current
condition an estimated $839,000 is required to repair the pool. Staff recommend closing
EE Mitchelson pool. With four (4) of the five (5) outdoor pools exceeding their 40-year
life span a decision needs to be made to budget for the necessary repairs or to close
the pools and focus on determining if and when a new indoor pool if required.
The RCP Ten-year plan also states, recommendation, RCP3-3 Ensure that a minimum
of 2 indoor aquatic centres are available to serve Niagara Falls residents, which may
include one or more facilities that readily facilitate sufficient public access through
agreements with third-party operators. The ratio of 1 indoor aquatic Centre per 50,000
residents. if the current two indoor community facilities continue to be available to the
broad market of Niagara Falls residents, the City's aquatic supply is projected to be
sufficient to the year 2031.
Service levels for indoor aquatic centres range from 1 indoor aquatic centre per 30,000
to 60,000 population depending upon the factors such as the size and type of aquatic
facilities, population density, and financial situation. The city owns and operates one of
the two community indoor pool facilities. The other community pool is operated by the
Niagara Falls Boys and Girls club.
Community members are pleased the city now provides swimming lessons, fitness
classes and leisure swim times at the MacBain Community Centre throughout the year.
Children's swim lessons are currently at a 98% capacity, with waiting lists for weekend
lessons. Majority of parents prefer to register their children for indoor lessons rather
than summer outdoor lessons.
Advantages of an indoor facility include consistent air and water temperature, which
provides a more enjoyable experience, with interactive or fun elements such as a slide
or waterplay features. MacBain Community Centre pool and building is also fully
accessible. As the city grows the need for a second city owned and operated indoor
pool facility will need to be reviewed.
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MacBain CC Indoor Pool Outdoor Pool
Operating weeks 50 weeks 10 weeks
Average daily operating
hours 14 hours, 7 am - 9 pm 8 hours, 11 am - 7 pm
Air/Pool Temperatures
Comfortable and
controlled usually 80
degrees plus
Uncomfortable as depends
on weather.
Cost for a new facility minimum 15 million minimum 4 million
Life span 50 years 30 - 40 years
Projected future capital
costs
2.7 million for the MacBain
CC including the indoor
pools
3.4 million.
Upon review of recent municipal funded and operated indoor aquatic facilities the trend
is to build an indoor pool as part of a leisure complex. the complex may include an
indoor pool, changerooms, library and multi-purpose rooms. The cost for an indoor pool
complex can range from 15 million to 100 million depending on what amenities are part
of the complex.
City Pool Public Swim Attendance Numbers 2019-2023 (July & August)
Pool 2019 2020 2021 2022*2023*
F. H Leslie 7,746 8,048 10,635 15,511 18,062
Prince Charles 5,510 3,757 4,504 7,787 10,727
EE Mitchelson 7,457 5,034 4,394 7,179 closed
NF Lions 4,139 3,317 5,031 7,299 9,836
Buck Hinsperger 1,435 783 1,389 3,789 4,328
Outdoor Pool Total 26,287 20,939 25,953 41,565 42,953
MacBain CC
Summer Total 14,568 22,019
* new method implemented to record actual attendance numbers in 2022 and 2023.
Attendance increased this summer due to the hot weather in July. Residents were
accommodated at the four pools. Due to the hot weather in July and cooler weather in
August the MacBain CC pool also experienced an increase in attendance. Based on
the success this summer recommend four (4) pools continue to operate. Staff will
continue to evaluate pool attendances and facility condition.
To enhance the outdoor pool visitor experience, enhancements such as expanded
deck/grass area, shade shelters, pool seating and picnic tables can be budgeted for and
Page 5 of 17
Page 268 of 544
installed. Approximate cost to add the enhancements at Prince Charles pool is
$255,000. If an outdoor pool is closed staff will survey the neighborhood to determine
what amenities are preferred for the greenspace.
The city also operates a total of seven splash pads; five pads located beside outdoor
pools, two within City parks and one water feature/spray feature park. Attendance is not
recorded at the splash pads as no staff are present.
Community Feedback
Prior to the opening of the outdoor pools this summer, staff received a few emails and
phone calls from the public. The residents expressed their concerns with the closing of
EE Mitchelson due to significant repairs.
To engage the community, a short Outdoor Pool survey was released this fall to discuss
current outdoor pool service level, willingness to pay admission fee for leisure swim,
and their thoughts towards increasing taxes to fund need pool capital repairs.
City received 592 completed responses, 159 partial amount, overall total 751of survey
responses.
Summary of responses is listed below:
Question
1. That the City has
five outdoor pools?
Need More -
46.7%
Five is good - 43.5%Too many -
9.8%
2.Are you aware
leisure swim is free at
outdoor pools?
Yes - 74.2%No - 25.8%
3. To keep outdoor
pools open, willing to
pay a user fee?
Agree - 64.1%Disagree - 29.8%N/A - 6.1%
4. How much would
you be willing to pay?
$0-$4: 85.2%$5-$7: 11.9%$7-$10: 2.9%
5. I would accept an
increase in taxes to
maintain pools & hrs?
Agree - 35.7%Disagree - 57.9%N/A - 6.4%
6. To keep taxes low,
I would accept
closing one or more
pools.
Agree - 23.5%Disagree - 72.5%N/A - 4%
Based on the results of the opinion pool/survey appears residents support the current
aquatic service level, will pay a fee to access the pools but do not want a tax increase to
maintain the outdoor pools.
Page 6 of 17
Page 269 of 544
Operational Implications and Risk Analysis
Recreation & Culture staff provides high quality facilities, greenspaces and services in
our community to provide resident-centric experiences.
Council will need to in the future determine the long-term role of outdoor pools. There
have been significant changes in the social and economic conditions in the City from
when the majority of the pools were constructed. Key decisions will be to:
1. Close and demolish EE Mitchelson Pool immediately.
2. Committing to significant future capital spending for the outdoor pools to extend
their life span.
3. Considering further investment to make the pool facilities more accessible and
user friendly.
4. To avoid investing significant dollars to capital repairs for the outdoor pools and
to close a pool when the outdoor facility is beyond repair with the ultimate goal of
building an indoor pool or a newer outdoor pool.
Financial Implications/Budget Impact
Gross operating costs for the outdoor pools are $700,000 with offset revenues of
35,000. With operating only four (4) pools this summer the city saved approximately
$75,000.
Outdoor pools are maintained by arena operations staff. A four (4) person staff team
are scheduled to maintain the pools seven (7) days a week. If the number of pools is
reduced options to maintain the pools will be considered. The pools have scheduled
staggered closing dates to allocate enough time for arena maintenance.
Strategic/Departmental Alignment
Effectively managing the City’s financial resources to meet our current and future
obligations without relying on external funding sources or sacrificing our ability to deliver
essential services to our residents.
List of Attachments
RCF-2023-13 - Attachment #2 AquaticFeatures11x17
R&C-2023-13-Attachment #1 Outdoor Pools Study
Written by:
Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities
Submitted by:Status:
Kathy Moldenhauer, General Manager of Recreation,
Culture & Facilities
Approved
- 08 Nov
2023
Page 7 of 17
Page 270 of 544
Jason Burgess, CAO Approved
- 09 Nov
2023
Page 8 of 17
Page 271 of 544
GOAT ISLAND
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City of Niagara Falls
Outdoor Pools and Splashpads
This data is provided " as is" and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for
general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the
use of this data. Users assume all risks in using this data. No part of these maps, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer.
Date: January, 2023 K:\GIS_Requests\2023\Custom\RecCulture\AquaticFeatures\AquaticFeatures.aprx
1 CHIPPAWA LIONS PARK
2 E. E. MITCHELSON PARK
3 F H LESLIE PARK
4 NIAGARA FALLS LIONS PARK
5 PRINCE CHARLES PARK
OBJECTID Location
1 CHIPPAWA LIONS PARK
2 E. E. MITCHELSON PARK
3 F H LESLIE PARK
4 KINGSBRIDGE PARK
5 MACBAIN COMMUNITY CENTRE PARK
6 NIAGARA FALLS LIONS PARK
7 PATRICK CUMMINGS MEMORIAL SPORTS COMPLEX
8 PRINCE CHARLES PARK
9 ROSBERG FAMILY PARK
OBJECTID Location
Legend
City Owned Park
Non-City Owned Park
Page 9 of 17
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Sum of Cost Column Labels
Row Labels 2023 2024 2025 2026 2027 Grand Total
Engineering Study $90,000.00 $90,000.00
Chippawa Lions $20,000.00 $20,000.00
EE Mitchelson Park $20,000.00 $20,000.00
FH Leslie Park $20,000.00 $20,000.00
Niagara Falls Lions Park $10,000.00 $10,000.00
Prince Charles Park $20,000.00 $20,000.00
Life Cycle Replacement $557,927.50 $1,248,877.50 $38,376.00 $577,713.50 $135,557.50 $2,558,452.00
Chippawa Lions $83,122.00 $60,255.00 $143,377.00
EE Mitchelson Park $368,725.50 $130,715.00 $38,376.00 $111,039.50 $83,141.50 $731,997.50
FH Leslie Park $489,970.00 $322,270.00 $812,240.00
Niagara Falls Lions Park $14,300.00 $180,433.50 $24,492.00 $52,416.00 $271,641.50
Prince Charles Park $174,902.00 $364,637.00 $59,657.00 $599,196.00
Major Repair $137,400.00 $574,220.00 $711,620.00
Chippawa Lions $20,000.00 $64,944.00 $84,944.00
EE Mitchelson Park $25,000.00 $116,184.00 $141,184.00
FH Leslie Park $57,200.00 $186,724.00 $243,924.00
Niagara Falls Lions Park $35,200.00 $93,184.00 $128,384.00
Prince Charles Park $113,184.00 $113,184.00
Grand Total $785,327.50 $1,823,097.50 $38,376.00 $577,713.50 $135,557.50 $3,360,072.00
Page 10 of 17Page 273 of 544
Type Pool Year Cost Reason
Major Repair Chippawa Lions 2023 $20,000.00 Fixed Partions - Tentative budget to repair the
cracked masonry blocks.
Major Repair Chippawa Lions 2024 $30,000.00 Standard Foundation - A major repair or partial
replacement cost of the system based on the
outcome of the study is provided.
Major Repair Chippawa Lions 2024 $34,944.00 Pool Structure - Cost allowance to repair/replace
based on the findings and recommendations of the
engineering study. The repair/replacement cost is
subject to the conclusions of the engineering
study.
Engineering Study Chippawa Lions 2023 $10,000.00 Standard Foundation - The observed step cracks
on the masonry wall suggest potential differential
settlement of the building foundations or
movement of the building structure. A study to
confirm the extent of the deterioration, and the
repair scope and cost is recommended.
Engineering Study Chippawa Lions 2023 $10,000.00 Pool Structure - Given the element is generally
concealed, a study is recommended to confirm its
condition and repair/replacement scope of work,
cost, and schedule.
Life Cycle Replacement Chippawa Lions 2024 $12,012.00 Replace Epoxy Coated / Paint Floors
Life Cycle Replacement Chippawa Lions 2024 $13,000.00 Replace Panelboards up to 400A
Life Cycle Replacement Chippawa Lions 2024 $7,800.00 Replace Pool Water Circulation Pumps
Life Cycle Replacement Chippawa Lions 2024 $41,600.00 Replace Pool Sand Filters
Life Cycle Replacement Chippawa Lions 2024 $1,950.00 Replace Fixed Seating
Life Cycle Replacement Chippawa Lions 2024 $6,760.00 Replace Solid Doors - Double
Life Cycle Replacement Chippawa Lions 2026 $46,800.00 Replace Site Lighting
Life Cycle Replacement Chippawa Lions 2026 $455.00 Replace Emergency Lighting (Battery Backup)
Life Cycle Replacement Chippawa Lions 2026 $13,000.00 Replace Pool Return Water Strainers
Major Repair
EE Mitchelson Park 2023 $5,000.00
Isolated areas of spalled concrete around a floor
drain were observed. Recommend repair of the
deteriorated areas of the slab on grade.Page 11 of 17Page 274 of 544
Major Repair
EE Mitchelson Park 2023 $20,000.00
Spalling and efflorescence were observed along
the bottom of the brick masonry wall on the south
elevation. Repair of the deteriorated masonry is
recommended.
Major Repair
EE Mitchelson Park 2024 $23,000.00
Standard Foundations - A major repair or partial
replacement cost of the system based on the
outcome of the study is provided.
Engineering Study
EE Mitchelson Park 2023 $10,000.00
Standard Foundations - The observed step cracks
on the masonry wall suggest potential differential
settlement of the building foundations or
movement of the building structure. A study to
confirm the extent of the deterioration, and the
repair scope and cost is recommended.
Life Cycle Replacement EE Mitchelson Park 2024 $2,925.00 Replace Gutters and Downspouts
Life Cycle Replacement EE Mitchelson Park 2024 $3,705.00 Replace Windows
Life Cycle Replacement EE Mitchelson Park 2024 $24,420.50 Replace Asphalt Shingle
Life Cycle Replacement EE Mitchelson Park 2024 $1,040.00 Replace Epoxy Coated / Paint Floors
Life Cycle Replacement
EE Mitchelson Park 2024 $21,450.00
Replace Plumbing Fixtures (urinals, lavatories,
water closets, sinks)
Major Repair
EE Mitchelson Park 2024 $93,184.00
Pool Structure - Cost allowance to repair/replace
based on the findings and recommendations of the
engineering study. The repair/replacement cost is
subject to the conclusions of the engineering study
Engineering Study
EE Mitchelson Park 2023 $10,000.00
Pool Structure - Given the element is generally
concealed, a study is recommended to confirm its
condition and repair/replacement scope of work,
cost, and schedule.
Life Cycle Replacement
EE Mitchelson Park 2023 $22,113.00
Replace Electric Domestic Water Heaters
(Commercial Tank Type)
Life Cycle Replacement EE Mitchelson Park 2023 $91,162.50 Replace Pedestrian Paved Surface
Life Cycle Replacement EE Mitchelson Park 2023 $3,900.00
Replace Retractable Partitions - Overhead Counter
Shutter
Life Cycle Replacement EE Mitchelson Park 2023 $10,400.00 Replace Pool Play StructuresPage 12 of 17Page 275 of 544
Life Cycle Replacement EE Mitchelson Park 2023 $240,240.00 Replace Parking Paved Surface
Life Cycle Replacement EE Mitchelson Park 2023 $910.00 Replace Emergency Lighting (Battery Backup)
Life Cycle Replacement EE Mitchelson Park 2024 $3,900.00 Replace Shower Assembly
Life Cycle Replacement EE Mitchelson Park 2024 $13,000.00 Replace Main Disconnect
Life Cycle Replacement
EE Mitchelson Park 2024 $22,600.50
Replace Branch Wiring and Devices on Low
Voltage Electrical Distributiion.
Life Cycle Replacement EE Mitchelson Park 2024 $3,900.00 Replace Pool Water Circulation Pumps
Life Cycle Replacement EE Mitchelson Park 2024 $14,274.00 Replace Electrical Distribution
Life Cycle Replacement EE Mitchelson Park 2024 $7,800.00 Replace Washroom Partitions - Prefinished Metal
Life Cycle Replacement EE Mitchelson Park 2024 $11,700.00 Replace Solid Doors - Single
Life Cycle Replacement EE Mitchelson Park 2025 $38,376.00 Replace Ceramic / Porcelain Tile Floor Cover
Life Cycle Replacement EE Mitchelson Park 2026 $15,600.00 Replace Site Lighting
Life Cycle Replacement EE Mitchelson Park 2026 $7,507.50 Replace Pedestrian Paved Surface
Life Cycle Replacement EE Mitchelson Park 2026 $6,500.00 Replace Pool Return Water Strainers
Life Cycle Replacement EE Mitchelson Park 2026 $1,300.00 Replace Exterior Lighting
Life Cycle Replacement EE Mitchelson Park 2026 $26,312.00 Replace Exterior Soffits
Life Cycle Replacement EE Mitchelson Park 2026 $53,820.00 Replace Wood Celling
Life Cycle Replacement EE Mitchelson Park 2027 $9,516.00 Replace Domestic Pipes and Fittings
Life Cycle Replacement EE Mitchelson Park 2027 $10,705.50 Replace Waste Pipe and Fittings
Life Cycle Replacement EE Mitchelson Park 2027 $20,800.00 Replace Pool Sand Filters
Life Cycle Replacement EE Mitchelson Park 2027 $42,120.00 Replace Fencing and Gates - Chain Link Fence
Major Repair FH Leslie Park 2023 $57,200.00
Pedestrian Paved Surface - Deficiencies observed
during the assessment include cracks on the
concrete surface along the edge of the pool.
Repair of the affect concrete surface is
recommended.
Major Repair FH Leslie Park 2024 $151,424.00
Pool Structure - Cost allowance to repair/replace
based on the findings and recommendations of the
engineering study. The repair/replacement cost is
subject to the conclusions of the engineering study
Major Repair FH Leslie Park 2024 $35,300.00
Standard Foundations - A major repair or partial
replacement cost of the system based on the
outcome of the study is provided.Page 13 of 17Page 276 of 544
Engineering Study FH Leslie Park 2023 $10,000.00
Pool Structure - Given the element is generally
concealed, a study is recommended to confirm its
condition and repair/replacement scope of work,
cost, and schedule.
Engineering Study
FH Leslie Park 2023 $10,000.00
Standard Foundations -The observed step cracks
on the masonry wall suggest potential differential
settlement of the building foundations or
movement of the building structure. A study to
confirm the extent of the deterioration, and the
repair scope and cost is recommended.
Life Cycle Replacement FH Leslie Park 2024 $19,500.00 Replace Solid Doors - Single
Life Cycle Replacement FH Leslie Park 2024 $13,520.00 Replace Solid Doors - Double
Life Cycle Replacement FH Leslie Park 2024 $106,600.00 Replace Conventional Roof Membrane
Life Cycle Replacement FH Leslie Park 2024 $8,840.00 Replace Gas Supply Systems
Life Cycle Replacement FH Leslie Park 2024 $3,120.00 Replace Exhaust Systems
Life Cycle Replacement
FH Leslie Park 2024 $41,990.00
Replace Branch Wiring and Devices on Low
Voltage Electrical Distribution.
Life Cycle Replacement FH Leslie Park 2024 $248,820.00 Replace Parking Paved Surface
Life Cycle Replacement FH Leslie Park 2024 $3,900.00
Replace Retractable Partitions - Overhead Counter
Shutter
Life Cycle Replacement FH Leslie Park 2024 $43,680.00 Replace Washroom Partitions - Prefinished Metal
Life Cycle Replacement FH Leslie Park 2026 $31,200.00 Replace Shower Assembly
Life Cycle Replacement FH Leslie Park 2026 $17,680.00 Replace Domestic Pipes and Fittings
Life Cycle Replacement FH Leslie Park 2026 $19,890.00 Replace Waste Pipe and Fittings
Life Cycle Replacement FH Leslie Park 2026 $2,600.00 Replace Exterior Lighting
Life Cycle Replacement FH Leslie Park 2026 $31,200.00 Replace Site Lighting
Life Cycle Replacement FH Leslie Park 2026 $219,700.00 Replace Pool Liner
Major Repair
Niagara Falls Lions Park 2023 $35,200.00
Parking Paved Surface - Deficiencies observed
during the assessment include alligator and
longitudinal cracks, ravelling, which suggest binder
loss. Repair of the affected areas is
recommended.Page 14 of 17Page 277 of 544
Major Repair
Niagara Falls Lions Park 2024 $93,184.00
Pool Structure - Given the element is generally
concealed, a study is recommended to confirm its
condition and repair/replacement scope of work,
cost, and schedule.
Engineering Study
Niagara Falls Lions Park 2023 $10,000.00
Pool Structure - Given the element is generally
concealed, a study is recommended to confirm its
condition and repair/replacement scope of work,
cost, and schedule.
Life Cycle Replacement Niagara Falls Lions Park 2023 $3,900.00 Replace PoolLife Guard Chair
Life Cycle Replacement Niagara Falls Lions Park 2023 $10,400.00 Replace Pool Play Structures
Life Cycle Replacement Niagara Falls Lions Park 2024 $15,600.00 Replace Overhead Doors - Standard
Life Cycle Replacement Niagara Falls Lions Park 2024 $27,300.00 Replace Solid Doors - Single
Life Cycle Replacement Niagara Falls Lions Park 2024 $9,568.00 Replace Epoxy Coated / Paint Floors
Life Cycle Replacement Niagara Falls Lions Park 2024 $23,400.00
Replace Plumbing Fixtures (urinals, lavatories,
water closets, sinks)
Life Cycle Replacement Niagara Falls Lions Park 2024 $23,400.00 Replace Shower Assembly
Life Cycle Replacement
Niagara Falls Lions Park 2024 $16,789.50
Replace Electric Domestic Water Heaters
(Commercial Tank Type)
Life Cycle Replacement Niagara Falls Lions Park 2024 $13,000.00 Replace Main Disconnect
Life Cycle Replacement
Niagara Falls Lions Park 2024 $22,724.00
Replace Branch Wiring and Devices on Low
Voltage Electrical Distruibution.
Life Cycle Replacement Niagara Falls Lions Park 2024 $6,500.00 Replace Pool Return Water Strainers
Life Cycle Replacement Niagara Falls Lions Park 2024 $14,352.00 Replace Electrical Distribution
Life Cycle Replacement Niagara Falls Lions Park 2024 $7,800.00 Replace Washroom Partitions - Prefinished Metal
Life Cycle Replacement Niagara Falls Lions Park 2026 $9,568.00 Replace Domestic Pipes and Fittings
Life Cycle Replacement Niagara Falls Lions Park 2026 $10,764.00 Replace Waste Pipe and Fittings
Life Cycle Replacement Niagara Falls Lions Park 2026 $3,250.00 Replace Exterior Lighting
Life Cycle Replacement Niagara Falls Lions Park 2026 $910.00 Replace Emergency Lighting (Battery Backup)
Life Cycle Replacement Niagara Falls Lions Park 2027 $52,416.00 Replace Fences and Gates
Major Repair Prince Charles Park
2024 $20,000.00
Standard Foundations - A major repair or partial
replacement cost of the system based on the
outcome of the study is provided.Page 15 of 17Page 278 of 544
Major Repair Prince Charles Park
2024 $93,184.00
Pool Structure - Cost allowance to repair/replace
based on the findings and recommendations of the
engineering study. The repair/replacement cost is
subject to the conclusions of the engineering study
Engineering Study Prince Charles Park
2023 $10,000.00
Pool Structure - Given the element is generally
concealed, a study is recommended to confirm its
condition and repair/replacement scope of work,
cost, and schedule.
Engineering Study Prince Charles Park
2023 $10,000.00
Standard Foundations - The observed step cracks
on the masonry wall suggest potential differential
settlement of the building foundations or
movement of the building structure. A study to
confirm the extent of the deterioration, and the
repair scope and cost is recommended.
Life Cycle Replacement Prince Charles Park 2023 $159,302.00 Replace Parking Paved Surface
Life Cycle Replacement Prince Charles Park 2023 $15,600.00 Replace Overhead Doors - Standard
Life Cycle Replacement Prince Charles Park
2024 $23,400.00
Replace Plumbing Fixtures (urinals, lavatories,
water closets, sinks)
Life Cycle Replacement Prince Charles Park 2024 $23,400.00 Replace Shower Assembly
Life Cycle Replacement Prince Charles Park
2024 $22,724.00
Replace Branch Wiring and Devices on Low
Voltage Electrical Distribution.
Life Cycle Replacement Prince Charles Park 2024 $3,900.00 Replace Pool Water Circulation Pumps
Life Cycle Replacement Prince Charles Park 2024 $31,200.00 Replace Pool Sand Filters
Life Cycle Replacement Prince Charles Park 2024 $51,480.00 Replace Fencing and Gates - Chain Link Fence
Life Cycle Replacement Prince Charles Park 2024 $38,376.00 Replace Ceramic / Porcelain Tile Floor Cover
Life Cycle Replacement Prince Charles Park 2024 $14,352.00 Replace Electrical Distribution
Life Cycle Replacement
Prince Charles Park
2024 $7,800.00 Replace Washroom Partitions - Prefinished Metal
Life Cycle Replacement Prince Charles Park 2024 $148,005.00 Replace Pedestrian Paved Surface
Life Cycle Replacement Prince Charles Park 2026 $9,568.00 Replace Domestic Pipes and Fittings
Life Cycle Replacement Prince Charles Park 2026 $10,764.00 Replace Waste Pipe and Fittings
Life Cycle Replacement Prince Charles Park 2026 $1,300.00 Replace Exterior Lighting
Life Cycle Replacement Prince Charles Park 2026 $910.00 Replace Emergency Lighting (Battery Backup)Page 16 of 17Page 279 of 544
Life Cycle Replacement Prince Charles Park 2026 $6,500.00 Replace Pool Return Water Strainers
Life Cycle Replacement Prince Charles Park 2026 $15,600.00 Replace Site Lighting
Life Cycle Replacement Prince Charles Park 2026 $15,015.00 Replace Pedestrian Paved Surface
Page 17 of 17Page 280 of 544
OUTDOOR POOL REVIEW RCF-2023-13
November 14th 2023
Recreation, Culture and FacilitiesPage 281 of 544
Buck Hinsperger Pool
E.E. Mitchelson Pool
F.H. Leslie Pool
Niagara Falls Lions Pool
Prince Charles Pool
City Operated Outdoor Pools
2Page 282 of 544
Swimming Pools
•Building Conditional Assessment (BCA)
on all five (5) Outdoor Pools was
completed summer of 2023. The
assessment considered no facility
enhancements, including accessibility.
•A preliminary estimate is that, over the
next five (5) years, $3.4 Million will be
required to address current repair
backlogs.
•The general lifespan for Outdoor Pools
is forty (40) years. Four out of five CNF
maintained pools have exceeded their
expected life span. Outdoor Pool Review3Page 283 of 544
Built in 2003, there are
approximately $250K in life cycle
and major repairs to be
completed over the next 5 years;
•Foundation repairs and
replacement
•Lighting
•Pool Structure
•Equipment
Upgrades/Replacements
Buck Hinsperger
(20 years old)
4Outdoor Pool ReviewPage 284 of 544
Built in 1975, there are approximately $839K
in life cycle and major repairs to be
completed to re-open the facility.
•Pool deck replacement
•Pool structure repairs and replacements
•Replacement of equipment, wiring,
devices, paved surfaces
•Major repairs, including but not limited to
all flooring in showers, entrance and staff
areas, ceiling and roof, gutters, windows
and door etc.
E.E. Mitchelson
(48 years old)
5Page 285 of 544
6
F.H. Leslie
(54 years old)
Formally Municipal pool, opened late
1920s, Renovated in 1969.
Approximately $1.1M in life cycle
and major repairs to be completed
over the next 5 years;
•Pool deck replacement
•Pool structure repairs and
replacements, including pool liner
•Replacement of equipment, wiring,
devices, paved surfaces
•Major repairs to pool building,
including but not limited to all
flooring in showers, entrance and
staff areas, ceiling and roof,
gutters, windows and door etc.Outdoor Pool ReviewPage 286 of 544
Niagara Falls Lions
(49 years old)
Opened in 1974, there are approximately
$410K in life cycle and major repairs to be
completed over the next 5 years;
•Replacement of Parking Paved Surfaces
•Repairs to Pool structure
•Replace guard chairs (including
pedestals), doors, diving board, all
plumbing, flooring, wiring, fixtures, lighting
•Replace and secure fencing around pool
7Page 287 of 544
Outdoor Pool ReviewBuilt in 1974, there are
approximately $733K in life cycle
and major repairs to be completed
over the next 5 years;
•Pool structure repairs and
replacements
•Replacement of equipment,
wiring, devices, paved surfaces
•Major repairs and replacements
to pool building, including but not
limited to all flooring, fencing,
plumbing, windows and door etc.
Prince Charles
(49 years old)Page 288 of 544
Future decisions by Council
•In 2024 Council will receive the non-core Asset Management Plan
•The document will list the non-core assets and the recommended
dollars to maintain the assets over the next five and ten years
•Council will need to make some hard decisions to determine what
assets require future funding. RCF have identified key projects to
fund over the next five years
•Chippawa Willoughby Memorial Arena, arena floor and boards
need to be replaced, plus changerooms need to be renovated to
create accessible spaces for all $2M(early estimate as of 2023).
Council will also need to consider adding the Chippawa Library
branch to the facility
•2025 Kalar Park turf will need to be replaced ($750K)
•Implement Houck Park plan, including new amenities
•2025 Develop a new cricket facility $1M
•Additional dollars will be required to maintain the Gale
Centre(built 2010), MacBain Community Centre(built 2005) and
the NF History Museum (renovated 2012)Outdoor Pool ReviewPage 289 of 544
The RCP Ten-year plan, recommendation, RCP3-3 Ensure that a minimum of 2 indoor
aquatic centres are available to serve Niagara Falls residents, which may include one or
more facilities that readily facilitate sufficient public access through agreements with
third-party operators. The ratio of 1 indoor aquatic Centre per 50,000 residents. if the
current two indoor community facilities continue to be available to the broad market of
Niagara Falls residents, the City's aquatic supply is projected to be sufficient to the year
2031.
•The city owns and operates one of the two community indoor pool facilities
•The cost of new aquatic centre in 2023 would be approximately $15M
•The other community pool is operated by the Niagara Falls Boys and Girls Club. The
club receives Fee for Service Funding approximately $211,000 a year
RCP Ten-Year Plan Recommendations
10Outdoor Pool ReviewPage 290 of 544
Questions, Comments and Feedback WelcomeOutdoor Pool ReviewPage 291 of 544
1
Heather Ruzylo
Subject:RE: [EXTERNAL]-EE Mickelson Pool - Niagara Falls
From: Kim Lemyre <
Sent: Monday, November 13, 2023 10:39 AM
To: CouncilMembers <councilmembers@niagarafalls.ca>; Clerk <clerk@niagarafalls.ca>
Subject: [EXTERNAL]-EE Mickelson Pool - Niagara Falls
Good morning,
I am suggesting the improvements needed for EE Mickelson pool be completed as needed.
Please consider other quotes or getting other quotes.
The cost of $839.000.00 seems excessive and there is almost always the guarantee of "going over budget".
This is the only pool in the north end (north of Thorold Stone Road) and is much needed in
the community.
My grandchildren use this pool frequently.
$40,000.00 for chain link fencing? This is excessive.
$10,000.00 for replacement of pool play structures? There are none, so what is being replaced.
We need this pool facility in the north end but numbers / cost to repair need to be re-visited.
Thank you,
Kim Lemyre
Niagara Falls, Ontario
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Page 292 of 544
Nov. 13, 2023,
Dear Council,
I would have liked to be there in person to share my concerns about the proposed EE Michelson pool
closure (agenda item 8.1; City Outdoor Pools Update), but I will submit this letter in the hopes that you
will read it and consider the impact this decision will have on the neighbourhood. Benefits of a local,
outdoor pool are many, and the impacts on the local community are priceless.
This is the only pool North of Morrison, serving the local neighbourhoods of Stamford, Stamford Center,
Orchard Park, and Queensway Gardens.
Benefits of an outdoor community pool include:
• Provides natural light, vitamin D, and fresh air!
• Easy access for the local community.
o No car needed, not dependent on accessible bus routes – this provides fair access to
members of the community who do not drive.
o Encourages walking or biking to the pool, which further increases physical activity.
• Cleaner air – air quality at indoor pools can have a negative effect on people with asthma or
other breathing difficulties.
• Cooling during hot days and heat waves.
• Cool water offers pain relief, reduces swelling and inflammation.
• Promoting fitness – not only does the neighbourhood enjoy convenient access to swimming for
fitness, but it ’s close enough that they are encouraged to walk or ride their bikes.
• Allows access to a monitored (lifeguard on duty) pool for safe swimming.
• Promoting water safety – as more kids lose access to public pools, they do not learn water safety
or how to swim.
• Local, easily accessible swimming lessons are much more convenient for busy families.
• Encourages the next generation of lifeguards – access to local pools encourages kids to pursue
swimming and lifeguarding. This can lead to rewarding careers, or at the very least, a fantastic
employment opportunity for older teens.
• Can be used by all ages – splash pads are generally geared to young children.
• Pools bring communities together – children socialize with their friends, parents meet, picnics
are planned, snacks are shared, and our communities are strengthened by these connections.
This report estimates it could cost between $4-7 million to build a new pool, but it will cost less than $1
million to repair the one we have. The cost estimate of $879,000 seems steep at first glance, but there
are a few items I think merit a closer look. Of note, the $879,000 repair bill includes $240,240 to “replace
parking paved surfaces.” I can only imagine that this will have to be done anyways as the parking lot also
services the soccer fields and the waterpark, so it’s not really fair to consider it solely as a cost of keeping
the pool. Another item of note is $10,000 to replace pool play structures – there aren’t any; the only
structure is a diving board. Maybe a closer look at these numbers would suggest other items that can
either be reused or aren’t necessary (chain link fencing for example – does it really all need to be
replaced now, or could we consider that in ten years time?)
Page 293 of 544
This report suggests that the city goal be to build a new indoor pool and leisure complex (this is
apparently the current trend) at a cost of $15-100 million, or a newer outdoor pool, rather than repairing
the current facilities. If the decision today is about cost, I don’t know how anyone could entertain the
plan to close this one pool, and on the other hand state they would one day like to open another one at
five to 100 times the cost.
I would encourage council to consider further engagement with the local community before this decision
is made. The city’s own survey suggests that five or more pools are desired by an overwhelming majority
of residents, that most are willing to pay a user fee to keep pools open, and that most do not support
closing a pool even if it means paying higher taxes. Maybe the local community is willing to come
together and support maintaining the pool? Perhaps corporate sponsorship or naming rights could help
fund the repairs needed? I believe it is worth discussing further options for the pool before the huge
(and yes, difficult) decision is made to close it permanently. I believe that if that decision is ultimately
made, it should only be made after extensive engagement with the community.
Thank you,
Melanie Holm
Page 294 of 544
1
Heather Ruzylo
Subject:RE: [EXTERNAL]-EE Michelson Pool
From: Robyn White <
Sent: Monday, November 13, 2023 3:56 PM
To: Clerk <clerk@niagarafalls.ca>
Subject: [EXTERNAL]-EE Michelson Pool
Hello,
I was extremely disappointed to hear that there is a good chance that EE Mitchelson pool will be
decommissioned. There is no other public pool in the immediate area. In addition, this area is home to
multiple schools and a large number of children. I am absolutely certain that the majority of the public and
families who live in the area where this pool is located have NO IDEA that this is happening. As a resident I
am only hearing about this now, at the very last second, via a random Facebook group. Not through official
channels.
The responsibility lies with the city to ensure that the local residents are ACTUALLY AWARE of this
situation, and have a chance to provide input.
City council meetings are not good enough for normal people to know what is going on. It feels like this
wonderful resource is being removed in secret - behind closed doors and away from public awareness. It's not
acceptable.
I would guess that many residents would be willing to pay a small fee to help with the upkeep of the pool.
Please reconsider this, and at the absolute very least, properly notify the local residents while we have a chance
to still discuss this.
I'm very disappointed in our city. We should be encouraging healthy lifestyles and life skills like swimming.
Thank you for your time,
Robyn White
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Page 295 of 544
L-2023-22
Report
Report to:Mayor and Council
Date:November 14, 2023
Title:
Further Update on Strong Mayors Legislation
Our File No.: 2022-168
Recommendation(s)
That Council receive this report and attachments for information.
Executive Summary
Staff have received questions from Council about the impact of Strong Mayors Legislation
(as defined below) on the City of Niagara Falls.
This report provides a further summary of the new legislation and includes some helpful
visual aids prepared by the Municipality of Clarington. These visual aids assist in tracking
the flow of events in a voting or budget scenario where the Mayor chooses to exercise
the powers.
At this time, the Mayor has stated that he does not anticipate being in a position where
he would need to use the powers to advance a prescribed provincial priority.
There will be a dedicated page on the City’s website where any decisions or directives of
the Mayor under the Strong Mayors Legislation will be posted.
If the Mayor chooses not to exercise certain powers under the Strong Mayors Legislation,
the matters remain status quo. The specific provisions about these matters remaining
status quo are also discussed further in this report.
Background
This report follows the “Quick Summary” on the Strong Mayors Legislation that was on
the Council Agenda on August 15, 2023 (a copy of which is attached at Appendix 1).
Staff have received questions about the changes made by the legislation and their impact
on the City of Niagara Falls. The summaries and charts attached to this report provide an
overview of and further guidance on these changes. Staff will also be publishing all
Page 1 of 14
Page 296 of 544
decisions and directives made under this legislation on a dedicated page on the City’s
website.
Analysis
Overall Background on the Legislation
On June 16, 2023, the Ontario Government made changes to Bill 3 and Regulation 530/22
which expanded “Strong Mayor Powers” (as defined below) to 26 municipalities including
the City of Niagara Falls. On July 1, 2023, these changes took effect and the Strong
Mayors, Building Homes Act, 2022, S.O. 2022, c. 18 (“Strong Mayors Legislation”) came
into effect for the City.
Strong Mayor Powers are essentially a privileged decision-making and voting ability that
may only be exercised if they could potentially advance a “prescribed provincial priority.”
Prescribed provincial priorities are listed in Regulation 580/22 and so far include the
following:
1. Building 1.5 million new residential units by December 31, 2031.
2. Constructing and maintaining infrastructure to support housing, including:
a. Transit;
b. Roads;
c. Utilities; and
d. Servicing.
The next few sections of the report go over the Strong Mayor Powers and their
implications for the City.
Powers related to the Organizational Structure
As stated in the first summary in this matter (attached as Appendix 1), the Mayor has the
ability to:
Hire, dismiss, or exercise any other prescribed employment powers of various
senior managers, including the CAO and various heads of any part of the
organizational structure. Certain division heads are exempt such as the Clerk and
the Treasurer.
Determine the organizational structure of the municipality.
Establish or dissolve prescribed committees.
Appoint chairs and vice-chairs of prescribed committees and local boards.
Page 2 of 14
Page 297 of 544
If the Mayor makes no decisions on these matters, these matters remain status quo.
Below are the relevant excerpts from the Strong Mayors Legislation in this regard:
284.6
Transition
(4) Any organizational structure in place in a municipality immediately before being
designated under this Part shall continue unless the organizational structure is changed
by the head of council under subsection (1).
Same
(5) The head of any division or of any other part of the organizational structure who held
that position immediately before the municipality was designated under this Part shall
continue in that position unless they are dismissed by the head of council under
subsection (2).
284.15 (1) A person who held one of the following positions immediately before the
municipality was designated under this Part shall continue in that position unless they
are dismissed or their appointment is revoked, as the case may be, by a head of council:
1.Chief administrative officer.
2.Chair or vice-chair of a local board.
3.Chair or vice-chair of a committee.
Any delegation of these powers would be subject to the regular caveats under section
23.1(2)1. of the Municipal Act, which provides that a delegation of powers may be
revoked at any time without notice provided that there is no restriction in the delegation
by-law to revoke that delegation.
In light of these considerations, there is no Mayoral Decision on these matters. This
means that the employment structure of the organization remains as it was before the
Strong Mayors Legislation came into place. Any changes to the organizational structure
going forward would also go through the same process as prior to the Strong Mayors
Legislation. This will remain the case unless and until a Mayoral Decision impacting these
powers is made.
Procedural and Voting Implications
The exercise of Strong Mayors Powers must be set out in writing: this will take the form
of a Mayoral Decision or a Mayoral Directive as appropriate.
The Mayor’s veto powers have been previously summarized in Section D of Appendix 1.
Page 3 of 14
Page 298 of 544
The Municipality of Clarington has prepared a handy flowchart summarizing these powers
and demonstrating a veto scenario. A copy of this flowchart is attached as
Appendix 2.
Essentially, there is a two-day “cooling off period” within which the Mayor is able to veto
a by-law passed at Council because it could potentially interfere with a prescribed
provincial priority. As illustrated in the summary and chart described above, the Mayor
must give notice of intention to veto in writing within that two-day timeframe.
The Mayor can also veto the by-law at the same meeting that it was passed, provided
that this is done in writing.
The impact of the 2-day cooling off period is that it adds extra time to the effective date of
by-laws. This is particularly significant for planning matters.
Where the Mayor does not intend to exercise the strong mayor right to veto, Staff
recommends that the Mayor sign a written decision at the end of the Council meeting
confirming written approval of the by-laws. An example of such a Mayoral Decision is
attached as Appendix 3. While this sample Mayoral Decision covers all by-laws passed
at a Council meeting, a decision can be amended as appropriate should the Mayor
choose to approve only some of the by-laws and veto others.
It should also be noted that Mayoral Decisions or Directives can be amended or revoked
at any time. An acting or Deputy Mayor cannot exercise the Strong Mayor Powers.
Budget Procedure
Under the Strong Mayors Legislation, the Mayor is now required to propose and adopt a
budget.
Through discussion with different municipalities and the experience of municipalities who
have had strong mayor powers for some time, the reigning interpretation currently is that
the Mayor cannot delegate the duty to prepare the City’s budget. If the Mayor does not
prepare and present the budget by February 1st, that duty falls on Council.
The Municipality of Clarington has also prepared a helpful flowchart on the budget
procedure. A copy of this flowchart on the budget scenario is attached as Appendix 4.
While delegation of the budget powers is not permitted, there is a provision in the Strong
Mayors Legislation that allows the Mayor to direct Staff to undertake research, provide
advice, and carry out duties related to the exercise of powers.
It is under this provision that Staff proposes the Mayor sign a “Mayoral Directive to Staff”
which would essentially direct the budget duties back to the CAO and the Treasurer. A
copy of this Mayoral Directive is attached as Appendix 5.
Page 4 of 14
Page 299 of 544
The Municipality of Clarington has also prepared a helpful summary chart of the Strong
Mayor Powers. A copy of this chart is attached at Appendix 6 for reference purposes.
Financial Implications/Budget Impact
Staff do not foresee direct financial implications from the current exercise of the Strong
Mayor Powers and the information described in this report.
Strategic/Departmental Alignment
The information provided in this report aligns with the City’s commitment to customer
service, i.e., by building and maintaining customer trust through addressing customer
requests and responsive communication.
List of Attachments
Appendix 1 - Previous Summary
Appendix 2 - Veto Scenario (Courtesy of Clarington)
Appendix 3 - 2023-04 bylaws
Appendix 4 - Budget Scenario (Courtesy of Clarington)
Appendix 5 - 2023-01 Budget
Appendix 6 - Strong Mayor Powers Chart (Courtesy of Clarington)
Written by:
Nidhi Punyarthi, City Solicitor
Bill Matson, City Clerk
Submitted by:Status:
Nidhi Punyarthi, City Solicitor None
Shelley Darlington, General Manger of Corporate
Services
None
Jason Burgess, CAO None
Page 5 of 14
Page 300 of 544
1
Strong Mayors, Building Homes Act, 2022, S.O. 2022, c. 18 – Bill 3
Quick Summary as it pertains to Niagara Falls
Prepared by: Nidhi Punyarthi, City Solicitor
Date: June 29, 2023
A. Introduction
On July 1, 2023, the Strong Mayors, Building Homes Act, 2022, S.O. 2022, c. 18 (“Strong
Mayors Act”) comes into effect for the Corporation of the City of Niagara Falls (the “City”). The
Strong Mayors Act amends the City of Toronto Act, the Municipal Act, and the Municipal Conflict
of Interest Act.
Below is a brief summary of the changes to the legislation as they affect Niagara Falls and
the mayor’s powers and other City staff and council members’ roles. While there is a reference to
“regulations” related to the Strong Mayors Act, no regulations have yet been posted by the
Province.
B. Added Mayoral Powers / Responsibilities
• All mayoral powers must be exercised in writing (s. 284.4(1)).
• Direct municipal employees to undertake research and provide advice on new mayoral
powers, and carry out duties related to the exercise or performance of any of the new
powers (s. 284.3(a) and (b)).
• Make any prescribed information and documents available to the public (s. 284.4(2)).
• Appoint a CAO (as opposed to the municipality appointing the CAO) (s. 284.5).
• Determine the organizational structure of the municipality (s. 284.6(1)). [Note that the
Province does not define an organizational structure].
• Hire, dismiss, or exercise any other prescribed employment powers with respect to the
head of any division or the head of any other part of the organizational structure (s.
284.6(2)).
• Unable to hire, dismiss, or exercise any other prescribed employment powers with respect
to the following positions:
1. The clerk or deputy clerk;
2. A treasurer or deputy treasurer;
3. An Integrity Commissioner;
4. An Ombudsman;
APPENDIX 1 - PREVIOUS SUMMARY
Page 6 of 14
Page 301 of 544
2
5. An Auditor General;
6. A registrar as described in 223.11;
7. A chief building official;
8. A chief of police;
9. A fire chief;
10. A medical officer of health;
11. Other officers or heads of divisions required to be appointed under MA or any
other Act.
12. Any other prescribed persons.
(s. 284.6(3))
• Power to appoint chairs and vice-chairs of prescribed local boards (s. 284.7).
• Powers with respect to prescribed committees (establish or dissolve, appoint chairs and
vice chairs, assign functions) (s. 284.8).
• Power to dismiss or revoke the appointment of a CAO, chair or vice chair of a local board
or committee regardless of when that person started the position (s. 284.15(2)).
• Assume the powers and duties of a municipality with respect to proposing and adopting a
budget (s. 284.16(1)).
• Prepare a proposed budget for the municipality and provide it to Council for consideration
(s. 284.16(2)).
• Ability to subvert the procedure by-law to require Council to consider a matter at a meeting,
if the Mayor is of the opinion that that particular matter may advance a prescribed
provincial priority (s. 284.10(1)).
• Veto powers on by-laws passed under the Municipal Act, Planning Act, and any other
prescribed Act (s. 284.11(1)). [Note: This captures essentially every by-law]. Veto powers
can only be exercised in furtherance of prescribed provincial priorities.
• Within two (2) days of the by-law being voted on by majority of Council, approve by-law
in writing to confirm that there is no veto happening (s. 284.11(4)(a)), for which no notice
is required (s. 284.11(12)). Alternatively, a by-law is “deemed approved” and veto abilities
expire (s. 284.11(6)) if nothing happens for two (2) days (s. 284.11(4)(a)).
• Ability to veto any Council resolution to amend the Mayor’s proposed budget (s.
284.16(4)).
Page 7 of 14
Page 302 of 544
3
C. Powers that can be Delegated
• Can delegate the added powers related to the ability to appoint the CAO, set the
organizational structure, and the hiring and firing powers related to the organizational
structures, heads of divisions, local boards and committees (s. 284.13(1)).
• Can delegate all or part of the added powers under s. 284.3(b), s.284.13(2) of the Strong
Mayors Act and s.23.1(2) of the Municipal Act.
D. Veto Procedure
• In two (2) days of the by-law being voted on by majority of Council, Mayor must give
written notice of intention to veto the by-law to Council (s. 284.11(2)). [Note: Veto
applies to the entire by-law even if the Mayor has an issue with part of the by-law. This
raises the issue of having separate confirming by-laws for each agenda item just in case
– this is what Toronto had to do.]
• In fourteen (14) days of the by-law being voted on by majority of Council, Mayor must
give a veto document to the Clerk (s. 284.11(4)(b)). The day this happens is called “the
day of the veto”. This also means that the by-law at issue has not been passed (s.
284.11(8)). Veto abilities expire if the veto document is not given in this timeframe. (s.
284.11(6)).
• Veto document must contain (a) the veto; and (b) reasons for the veto (i.e., that the Mayor
is of the opinion that all or part of the by-law could potentially interfere with a provincial
priority). (s. 284.11(5)).
• By the next business day, Clerk provides a copy of the veto document to every other
member of Council and makes the document available to the public. (s. 284.11(7)).
• Within 21 days of receiving the veto document, Council needs to meet and vote against
with 2/3rds majority to defeat or override the veto (s. 284.11(9)). This also pertains to the
Mayor’s veto re: resisting Council resolutions to amend the proposed budget (s.
284.16(5)).
• The Mayor can vote as part of the meeting to consider the veto document (s. 284.11(10)).
• If Council overrides the veto, the by-law is deemed passed as of the day of the override
(s. 284.11(11)).
• If there is a conflict of interest for the Mayor as addressed in the Municipal Conflict of
Interest Act, the Mayor shall not exercise these added powers (s. 5.3(1) and (2)) from
Schedule 3 of the Strong Mayors Act).
Page 8 of 14
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4
E. Decision Immunity and Judicial Deference to the Mayor’s Discretion
• As long as the decision or exercise of any power under the Strong Mayors Act is done in
good faith, it shall not be quashed or open to review in whole or in part by any court
because of its unreasonableness or supposed unreasonableness (s. 284.14).
F. Continuity of What Was In Place Before, Generally
Unless the mayor wants a change, the following items are status quo after the Strong Mayors Act
comes into effect:
• Organizational structure (s. 284.6(4)).
• Heads of divisions or of any other part of the organizational structure (s. 284.6(5)).
• CAO, chair or vice chair of a local board or of a committee (s. 284.15(1)).
G. Provincial Abilities and Comments on Future Regulations
• Prescribe provincial priorities (s. 284.9(1)).
• Prescribe matters pertaining to upper-tier municipalities (s. 284.12(4)).
• Prescribe regulations pertaining to budget matters (still forthcoming) (s. 284.16(7), s.
284.17(1), s. 284.17(3), and pertaining to provincial priorities (s. 284.17(2))
• Any upcoming regulations can be retroactively effective for 6 months (s. 284.17(4)).
H. Provisions regarding Vacancies in the Mayor’s Seat
I have not gone into detail on these but they set out the by-election process similar to the Municipal
Elections Act:
• S. 284.12(1) to (4)
Happy to answer any questions or look for and provide any additional information as I am able.
Nidhi Punyarthi
City Solicitor
Page 9 of 14
Page 304 of 544
Strong Mayors Powers – Veto Scenario
By-law deemed passed
Within 21 days after
receipt, Council votes to
override Mayor’s veto (with
2/3 majority)?
[Mayor can vote]
Yes
No
By-law is not
passed.
No
Council passes by-law
or Director approves by-law
14 days lapsed
(after passage/
approval?
Lapsed
Not
lapsed
Within 2
days?Yes
Direct Veto
Written Notice
of intention to
consider veto
Mayor vetoes by-
law and provides
to Clerk, on day of
veto
Clerk provides veto
to Members of
Council & public, by
next business day
ApprovalDirect
Mayor’s
approval of
by-law
Approval or Veto?Veto
Approval
Deemed
on 3rd Day
Deemed
on 15th Day
Deemed
on same day
Deemed
on same day
Attachment 2 to Report LGS-024-23
Page 20
APPENDIX 2 - VETO SCENARIO (Courtesy of Clarington)
Page 10 of 14
Page 305 of 544
Mayoral Decision
Decision Number: MD-2023-04
Date: November 14, 2023
Subject: To give written approval of by-laws passed at the Council meeting of:
I, James M. Diodati, Mayor of the City of Niagara Falls, will not exercise the power to veto
the by-laws passed at the Niagara Falls City Council meeting of November 14, 2023, and
hereby provide approval of these by-laws in accordance with subsection 284.11(4)(a)(i)
of the Municipal Act, 2001.
____________________
James M. Diodati, Mayor
APPENDIX 3 - 2023-04 BY-LAWS
Page 11 of 14
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Strong Mayors Powers – Budget Scenario
Before
February 1st?
Before
After
Does Council want
to amend the budget?
[Mayor can vote]
Budget deemed adopted after
30 days or
Council shortens the 30 days
No
Yes
Amendments approved
by Council?
Mayor veto’s
Council
Amendments?
Yes
Budget deemed adopted, as
amended, after 10 days or
Mayor shortens the 10 days
No
Council overrides
Mayor’s Veto?
[Mayor can vote]
Yes
Budget deemed adopted after
15 days or
Council shortens the 15 days
No – did not obtain 2/3 vote
Budget deemed adopted, as
amended, after 15 days or
Council shortens the 15 days
Yes -
Obtained
2/3 vote
Mayor Proposes
Budget
Council is responsible
for preparing and
adopting budget
No
Within 30 days
Within 10 days
after 30-day
time period
(unless shortened)
Within 15
days after
10-day
time period
(unless
shortened)
Attachment 4 to Report LGS-024-23
Page 22
APPENDIX 4 - BUDGET SCENARIO (Courtesy of Clarington)
Page 12 of 14
Page 307 of 544
Mayoral Directive to Staff
Decision Number: MD-2023-01
Date: November 14, 2023
Subject: Direction to staff to prepare 2024 Budget for presentation to City Council
WHEREAS pursuant to Part VI.1 (Special Powers and Duties of Head of Council) of the
Municipal Act, 2001, Sections 284.3 (Direction to Employees) the Mayor may direct
municipal employees to:
a) Undertake research and provide advice to the head of council and city council
on policies and programs of the City or of the head of council as they relate to
the powers and duties under this Part; and
b) Carry out duties related to the exercise of the power or performance of the
duty, including implementing any decisions made by the head of council
under this Part.
The Mayor directs the CAO and Treasurer to:
1. Prepare the following in accordance with the requirements of the Act:
a. Draft 2024 Capital Budget
b. Draft 2024 Parking Budget
c. Draft 2024 Water/Wastewater Budget
d. Draft 2024 Tax Levy Supported Operating Budget.
2. That the Treasurer provide the Mayor with periodic updates on the 2024 Draft
Budgets in order that those discussions may keep the Mayor informed on the
budget; and;
3. That the Draft Budgets be provided to each Member of Council and the public
during Fall 2023 and early Winter 2024.
James M. Diodati, Mayor
APPENDIX 5 - 2023-01 BUDGET
Page 13 of 14
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Special Powers and Duties of the Mayor under Part VI.1 of the Municipal Act
Powers to Advance Prescribed
Provincial Priorities:
•Bring to Council matters that advance
the prescribed provincial priorities.
•Bring to Council, and require Council
to consider and vote on, Municipal Act,
Development Charges, and Planning Act
by-laws that advance the prescribed
provincial priorities and pass if more
than one-third of Members vote in
favour. Power does not apply to the
Procedural By-law.
•Veto (within 2 days of passing)
Municipal Act, Development Charges,
and Planning Act by-laws that interfere
with prescribed provincial priorities.
(Council can override by 2/3 vote)
•Powers cannot be delegated.
Powers re Administrative
and Political Structure of the
Municipality:
•Appoint and dismiss CAO.
•Hire and dismiss division heads
(excluding prescribed list).
•Determine the organizational
structure.
•Establish prescribed committees
and assign their functions.
•Appoint chairs and vice chairs of
prescribed committees.
•Powers can be delegated.
Duty to Prepare the Annual Budgets:
•Duty to prepare the budget and present
it to Council before February 1.
•Duty reverts to Council if the Mayor
fails to present a budget by February 1.
•Power to veto amendments made by
Council (subject to Council override by
2/3 vote).
•Budget is “deemed to be adopted”
based on timeframes, not “approved by
Council”.
•Duty to present in-year budget
amendments only if a supplementary
levy is required.
•Duty cannot be delegated, only
forfeited.
Supporting Provisions
•Mayor is required to exercise these powers in writing and give notice to the Clerk.
•Mayor may give direction to staff and it must be in writing and, by next business day, give notice to the Clerk and CAO.
•Mayor must declare an interest under Municipal Conflict of Interest Act when exercising these powers outside of a meeting context.
•Municipality must maintain a public registry of declared interests.
•In case of vacancy, powers transfer to a newly elected Mayor, but not to an appointed or Deputy Mayor.
Prescribed Provincial Priorities
•Building 1.5 million new residential units by December 31, 2031.
•Constructing and maintaining infrastructure to support housing, including, transit, roads, utilities, and servicing.
Attachment 1 to Report LGS-024-23
Page 19
APPENDIX 6 - STRONG MAYOR POWERS CHART (Courtesy of Clarington)Page 14 of 14Page 309 of 544
MW-2023-29
Report
Report to:Mayor and Council
Date:November 14, 2023
Title:Revisions to the 2023 Road Resurfacing Mill & Pave Program
Recommendation(s)
1. That the scope of work for Contract 2023-13 for the 2023 Road Resurfacing
program that was expanded at the July 11, 2023 council meeting as part of the
recommendations in Report MW-2023-23, be revised to remove the repair and
resurfacing of Sarah Street from the approved scope;
2. And that the surplus funds in the 2023 Road Resurfacing program, once
completed, be transferred to the 2024 Road Rehabilitation program account in
order to complete the Sarah Street Road Rehabilitation in its entirety as part of
the 2024 Capital Budget.
Executive Summary
At the July 11, 2023 council meeting, City Council approved the recommendation,
through Report MW-2023-23 (attached) that Sarah Street between Rapelje Street and
the east limit, be added to the scope of the awarded contract through a Change Work
Order to Brennan Paving - Niagara utilizing the unit prices included in the contract. It
was estimated that this additional scope of work would be approximately $315,000. The
remaining segments of Sarah Street between Main Street and Rapelje Street were
forecasted to be included in the proposed 2024 Road Rehabilitation program as priority
items for consideration during 2024 Capital budget deliberations.
As a result of scheduling delays outside of the City's control, and in recognition of the
Contractor's potential requests for extras to complete the work on Sarah Street, there is
concern that the added scope may not be completed within the timeframe or budget of
the contract. There is a further concern that the potential escalation in cost no longer
represent best value to the City, as well as impending colder weather creating an
increasing risk of asphalt being placed in conditions that cannot match our paving
specifications. As such, it is Staff's recommendation that the added scope of Sarah
Street Road resurfacing be deferred from the 2023 program to 2024, at which time the
full limits of the street can be rehabilitated in its entirety.
Background
During the process of creating the Urban Road Resurfacing program for the City of
Niagara Falls, a long list of road needs is assembled and then prioritized based largely
on condition and risk, and the highest-ranking road segments are included in the Capital
Page 1 of 9
Page 310 of 544
budget request for the program. Since the list of road needs is quite extensive, a
subsequent list of additional secondary priority streets is included on the capital budget
sheet for potential inclusion in the program if competitive pricing is received and the
available approved funding can accommodate some or all of them. Otherwise, these
street segments are deferred to the high priority portion of the list for the subsequent
year's Capital Budget deliberations.
As part of the 2023 capital budgeting process for the Road Resurfacing program, four
road segments were included in the budget request:
Portage Rd - Thorold Stone Rd to O'Neil St
O'Neil - Portage Rd to Dorchester Rd
Church's Lane - St Paul Ave to Portage Rd
Stamford Green - St Paul Ave to St George Ave
Three potential additional road segments were added to the sheet but not included in
the budgetary calculation:
Dunn St - Ailanthus to Orchard
Caledonia St - Dunn St to Dorchester Rd
Sarah St - Main St to East Limit
The requested budget amount of $1,585,000 was approved by Council as part of the
2023 Capital budget deliberations to resurface the top four streets noted above. The
tender for this program was issued and closed on May 3rd, 2023. The contract was
awarded to Brennan Paving - Niagara, with the lowest compliant bid of $1,089,730.
At the July 11, 2023 meeting, Council approved the recommendation to add the
proposed work on Sarah Street from Rapelje Street to the east limit to the existing 2023
Road Resurfacing contract through a Change Work Order, utilizing the surplus funds in
the budget to cover the costs, per Report MW-2023-23 (attached).
Analysis
Staff worked diligently with the contractor to schedule the additional work. However,
there were several factors that arose after July 11th approval to add the Sarah Street
scope. Firstly, the Contractor's schedule on this project was affected by the delay of the
regional signal work on Portage Road. Secondly, Staff reviewed the site in greater detail
and determined that some sections of road require additional geotechnical investigation
before major investment. Additionally, with the fast approaching winter weather, and
additional compensation requested by the contractor, staff consider it no longer feasible
or best value to the City to complete this additional scope under the 2023 Road
Resurfacing contract. It is recommended to reallocate the surplus funds from the 2023
Road Resurfacing program to the 2024 program. This will allow for the full rehabilitation
of Sarah Street from Main Street to the east limit under a newly tendered program in
2024, subject to 2024 budgetary considerations, rather than breaking it down into
segments and constructing over multiple years. This will also lessen the overall
disruption to the residents and likely result in an overall better end product.
Page 2 of 9
Page 311 of 544
In the interim, staff will undertake additional geotechnical investigative work on Sarah
Street to support the larger scope and prepare to issue the tender for the 2024 Road
Resurfacing Program in the first quarter of 2024, subject to budgetary approval
considerations.
By utilizing the available surplus funding in the approved 2023 Capital Budget for the
2024 Road Resurfacing program, Staff can tender the 2024 project with Sarah Street
included in the scope in its entirety. Rehabilitating the entire street at once will reduce
the impacts of construction on the local residents and allow the City to obtain
competitive pricing through an open bid process for the entire scope, rather than adding
the scope to an existing contract.
Operational Implications and Risk Analysis
Operations staff will need to continue to monitor and address any immediate hazards on
Sarah Street until the road surface is rehabilitated in 2024.
Financial Implications/Budget Impact
The estimated value of the potential surplus from the 2023 Resurfacing Program is
$412,720. The section of Sarah Street from Rapelje Street to the east limit is expected
to cost approximately $315,000 including taxes. This proposal will allow the potential to
have Sarah Street completed in its entirety and also achieve the best value. The
remaining segments of Sarah Street have already been included in the budgetary
estimate for the 2024 Capital Road Resurfacing program request.
Strategic/Departmental Alignment
The recommendations of this report are administrative and don't necessarily contribute
to specific Strategic Priorities.
List of Attachments
MW-2023-23 - Pdf
Written by:
Joe D'Agostino, Construction Services Supervisor
Submitted by:Status:
Erik Nickel, General Manager of Municipal Works Approved
- 06 Nov
2023
Jason Burgess, CAO Approved
- 08 Nov
2023
Page 3 of 9
Page 312 of 544
MW-2023-23
Report
Report to: Mayor and Council
Date: July 11, 2023
Title:
Additions to the 2023 (Road Resurfacing Mill & Pave
Program
Recommendation(s)
1. That the scope of work for Contract 2023-13 for the 2023 Road Resurfacing
program be revised to include the repair and resurfacing of Sarah Street from
Rapelje Street to the East limit including the adjacent Sarah Street parking for
Riverview Park.
2. The revised scope of work be added to the contract for Brennan Paving - Niagara
through Change Work Order utilizing unit prices included in the awarded
contract. The estimated amount for the CWO will be approximately $315,000.
There is currently additional approved funding for construction work under this
program of approximately $415,720 based on the awarded contract amount.
Executive Summary
The current approved capital budget for the 2023 Road Resurfacing program is
$1,585,000 of which $1,505,000 is allocated for Road Resurfacing construction works.
The tender for the construction works was awarded to the lowest compliant bidder,
Brennan Paving - Niagara, in the amount of $1,089,730. Based on the competitive
pricing received, there is approximately $415,720 of additional approved funding
available in this program for 2023.
The approved budget and subsequent tender were based on four priority street
segments as noted on the attached approved budget sheet. Four additional road
segments were also included that could be potentially added to the scope of work under
the program. It is recommended that one of these segments, namely Sarah Street
between Rapelje Street and the east limit, be added to the scope of the awarded
contract. It is further recommended that this addition be included through a Change
Work Order to Brennan Paving - Niagara utilizing the unit prices included in the
awarded contract. It is estimated that this additional scope of work will be
approximately $315,000. The remaining additional street segments will be included in
the proposed 2024 Road Resurfacing program as priority items for consideration during
2024 Capital budget deliberations.
Background
During the process of creating the Urban Road Resurfacing program for the City of
Niagara Falls, a long list of road needs is assembled and then prioritized based largely
Page 1 of 6Page 4 of 9
Page 313 of 544
on risk and the highest ranking road segments included in the Capital budget request
for the program. Since the list of road needs is quite extensive, a subsequent list of
additional secondary priority streets is included on the capital budget sheet for potential
inclusion in the program if competitive pricing is received and the available approved
funding can accommodate some or all of them.
As part of the 2023 capital budgeting process for the Road Resurfacing program, four
road segments were included in the budget request:
• Portage Rd - Thorold Stone Rd to O'Neil St
• O'Neil - Portage Rd to Dorchester Rd
• Church's Lane - St Paul Ave to Portage Rd
• Stamford Green - St Paul Ave to St George Ave
Four potential additional road segments were added to the sheet but not including in the
budgetary calculation:
• Dunn St - Ailanthus to Orchard
• Caledonia St - Dunn St to Dorchester Rd
• Sarah St - Main to Harleyford, and Ivy to East Limit
The requested budget amount of $1,585,000 was approved by Council as part of the
2023 Capital budget deliberations to resurface the top four streets noted above. The
tender for this program was let out and closed on May 3rd, 2023. The contract was
awarded to Brennan Paving - Niagara, being the lowest compliant bid of $1,089,730.
The construction work has not yet begun on this project, but is scheduled to commence
sometime during the month of July.
Analysis
The current approved capital budget for the 2023 Road Resurfacing program is
$1,585,000 of which $1,505,000 is allocated for Road Resurfacing construction works.
Based on the awarded contract value, there is approximately $415,720 of a dditional
approved funding available in this program for 2023.
Complaints have been previously received regarding the road condition along Sarah
Street in Chippawa. An inspection of the roadway revealed several areas of poor road
condition, prompting two segments to be included in the potential addition list noted
above. Completing an estimate of the potential costs to completed the repairs and
resurfacing concluded that only the worst segment, that being from Rapelje Street to the
east limit of Sarah, could be accommodated with the available additional funding in the
currently approved budget. The estimate was completed utilizing unit prices in the
current 2023 Road Resurfacing contract with Brennan Paving - Niagara, which should
be commencing construction in the next few weeks. It is recommended that this
additional work be added to the contract through a Change Work Order if approved by
Council.
Due to its poor condition and the fact it is directly adjacent to Sarah Street, it was also
decided to include a repair and resurfacing of the existing north parking lot for Riverview
Park. The total estimate to complete this segment of Sarah and the parking area is
Page 2 of 6Page 5 of 9
Page 314 of 544
$315,000 including taxes and a contingency allowance. The other segment of Sarah
Street will likely form part of the recommended list of streets for the 2024 Road
Resurfacing Program.
Operational Implications and Risk Analysis
The additional four street segments for potential inclusion in the 2023 Road Resurfacing
program, as shown on the attached approved budget sheet, are part of the long list of
Urban Road resurfacing needs that will form part of the forthcoming 10 year Capital
Plan. These segments would have likely formed part of the future 2024 Capital budget
request for the Road Resurfacing program. By utilizing the available additional funding
in the approved 2023 budget for this program to address one of the identified potential
additional segments, the risk is being reduced with respect to potential hazards
materializing along the subject road segment due to its current poor condition. This
could also reduce the likelihood of any Operational repairs of interventions required due
to either complaints or minimum maintenance standards mandated works.
Financial Implications/Budget Impact
The current approved budget for the 2023 Road Resurfacing program is $1,585,000, of
which $1,505,000 is allocated for construction activities associated with the four
recommended road segments. The value of the contract awarded to Brennan Paving -
Niagara for the proposed program works is $1,089,730. This results in additional
funding in the program being available in the amount of approximately $415,720. The
estimated value of the potential Change Work Order to include the recommended
section of Sarah Street to the contract, based on unit prices bid, is approximately
$315,000 including taxes and a contingency allowance. There appears to be adequate
approved additional funding to support the increase in the scope of work as proposed.
Strategic/Departmental Alignment
Implementation of this Capital Works project meets the intent of Council’s Strategic
Priority to establish infrastructure sustainability within the City.
List of Attachments
02 2023 Capital Budget Worksheet - 2023 Mill & Pave Program
Written by:
Kent Schachowskoj, Manager of Engineering
Submitted by: Status:
Erik Nickel, Director of Municipal Works Approved
- 04 Jul
2023
Jason Burgess, CAO Approved
- 04 Jul
2023
Page 3 of 6Page 6 of 9
Page 315 of 544
Requesting Department:2023 Budget Request:
Division:Pre-2023 Approved:
Project Name:Forecast 2024+:
Total Project Cost:
Project Contact:Project Start Date:
Project Type:Estimated End Date:
Project Priority/Need:Project ID#:
Project Description:
Business Case:
Growth Related:No In DC Background Study?Year % DC
External Funding:No Is The Funding Confirmed?Funding Source
Support For Request:Please attach supporting documentation
Explanation of Impact on
Operating Budget:
(Financials on Page 2)
-$
-$ 2023 Mill & Pave Program
High (Urgent/High Risk/Shovel Ready)
1,585,000$
Capital Budget Worksheet
2023
Potential reduction in maintenance costs.
Joe D'Agostino
1-Dec-23State of Good Repair (Asset Management)
NEW
Mill & Pave existing surface course asphalt.
Mill & Pave surface course asphalt due to current road conditions on the following streets:
1) Portage Rd - Thorold Stone Rd to O'Neil St
2) O'Neil - Portage Rd to Dorchester Rd
3) Church's Lane - St Paul Ave to Portage Rd
4) Stamford Green - St Paul Ave to St George Ave
Additional Road Segments that could be added:
Dunn St - Ailanthus to Orchard
Caledonia St - Dunn St to Dorchester Rd
Sarah St - Main to Harleyford and Ivy to East Limit
Budgetary Estimate
1-Mar-23
Municipal Works
MW - Engineering
1,585,000$
Estimated Project Timeline
(DD-MMM-YY):
Construction End
or DeliveryConstruction StartContract Award
or OrderDesign/Planning Planned
Procurement Date
1-Nov-22 1-Apr-23 1-May-23 1-Jun-23 1-Oct-23
Page 4 of 6Page 7 of 9
Page 316 of 544
Requesting Department:2023 Request Total Cost
Division:1,585,000$ 1,585,000$
Project Name:Pre-2023 Forecast
-$ -$
Project Description:
Pre-2023 2023 2024 2025 2026
OPENING BALANCE (Surplus)/Deficit - - - - -
EXPENDITURES
Consulting (Design, Admin, PM)30,000
Facilities and Land
Vehicles and Equipment 50,000
Parks/Trails/Cemeteries
Fixtures and Furniture
Roads, Bridges and Culverts 1,505,000
Stormwater Management
Water and Wastewater Systems
Contingency
Other
TOTAL EXPENDITURES - 1,585,000 - - -
FUNDING SOURCES
Transfer from Operating
Capital Levy (Asset Management)
Transfer from Water/Sewer
Capital SPRs/Reserve Funds
OLG Reserve Fund
Development Charges
Debentures
Canada Community Benefit Fund (1,585,000)
Federal/Provincial Grants
External Contributions
Other
TOTAL FUNDING SOURCES - (1,585,000) - - -
CLOSING BALANCE (Surplus)/Deficit - - - - -
ANNUAL OPERATING IMPACTS
Estimated Labour Costs
Estimated Debt Servicing Costs
Operating Costs
TOTAL OPERATING IMPACTS - - - - -
Capital Budget Worksheet
2023
Municipal Works
MW - Engineering
Forecasted Future Expenditures
2023 Mill & Pave Program
Mill & Pave existing surface course asphalt.
Page 5 of 6Page 8 of 9
Page 317 of 544
Project Name:
Project ID#:NEW
ITEM DESCRIPTION PRESENTATION CATEGORY Pre-2023 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033
EXPENDITURES
Consulting (Design, Admin, PM)30,000
Roads, Bridges and Culverts 1,505,000
Vehicles and Equipment 50,000
TOTAL EXPENDITURES - 1,585,000 - - - - - - - - - -
FUNDING SOURCES
Canada Community Benefit Fund (1,585,000)
TOTAL FUNDING SOURCES - (1,585,000) - - - - - - - - - -
BALANCE TO FUND - - - - - - - - - - - -
ANNUAL OPERATING IMPACTS
TOTAL OPERATING IMPACTS - - - - - - - - - - - -
Forecasted Future Expenditures
DETAILS FOR 2023 CAPITAL BUDGET
2023 Mill & Pave Program
Capital Budget Worksheet
Page 6 of 6Page 9 of 9Page 318 of 544
MW-2023-31
Report
Report to:Mayor and Council
Date:November 14, 2023
Title:Electric Vehicle Charger and Vehicle Infrastructure Update
Recommendation(s)
1. That Council approve of the Electric Vehicle Charger and Vehicle Infrastructure
implementation plan outlined in this report;
2. That Council direct staff to apply for provincial grant funding under the EV
ChargeON Program as outlined in this report;
3. That Council approve of the re-prioritization of existing and contingent budget
approvals totaling $120,000 in support of this initiative; and,
4. That Council delegate authority to the General Manager of Municipal Works / City
Engineer to execute all necessary grant applications, transfer payment
agreements, purchase requisitions, and vendor agreements in order to
accomplish the first phase of the implementation plan.
Executive Summary
Council is provided with this information update and further recommendations related to
the pursuit of opportunities for grant funding specific to an initial implementation plan for
the installation of electric vehicle (EV) charger infrastructure. This initiative will support
the necessary infrastructure to support both fleet and public vehicle charging
opportunities on City-owned properties and the initial transition of the City's fleet to zero-
emission vehicles.
Background
At the May 20, 2021 meeting of Council, the following motion was passed:
That Staff come back with a Green Strategy for City vehicles and electric charging
stations and a fleet strategy on vehicle purchases, also future developments in the
City and how they should include considerations for these types of charging
stations.
Several actions on the aforementioned motion have been advanced through various
background activities, budget preparations, and development standard updates that
Council may have observed since approval of the motion.
This report specifically provides an initial implementation plan for electric charging
stations to serve both fleet and public needs, and is particularly timely due to the
availability of grant opportunities.
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Analysis
The following summary outlines activities to date:
NRCAN ZEVIP Program
In December 2021 Staff became aware of a funding opportunity through Natural
Resources Canada for fleet charging infrastructure called the Zero Emissions Vehicle
Infrastructure Program (ZEVIP). This program offers a contribution of up to fifty percent
(50%) of the total project costs.
Shortly after, the City entered into a no-cost partnership with PowerON, and OPG
subsidiary, with expertise in implementation of charger infrastructure. An application
was submitted to NRCan on August 11, 2022 for the following:
Location Charger Types
City Hall 2x Level 2
1x 25kW Level 3 DC Fast Charger
Wayne Thomson Building 4x Level 2
Fairview Cemetery 2x Level 2
On March 28, 2023 the City was notified that the grant application was unsuccessful. It
was additionally reported that there were 450 applications representing an overall
$274M ask of which only 120 were selected for funding. Only $40M was available
through the ZEVIP program.
Alectra Energy Services Inc. Proposal
In light of the unsuccessful ZEVIP program application, Staff explored alternate options
with vendors who were successful in accessing the grants. One such vendor, Alectra
Energy Services Inc. (Alectra) has demonstrated significant market experience across
Ontario as well as local implementation experience in St. Catharines.
Staff entered into a non-binding memorandum of understanding with Alectra on August
10, 2023 for the purposes of developing a proposal submission. Alectra has, since this
time, performed site reviews with electrical contractors at all of the locations previously
considered by PowerON plus additional locations offering opportunities for public-use
charging at Municipal Lot 4 (Ellen Avenue), Municipal Lot 18 (Kitchener Street/Victoria
Avenue), the MacBain Community Centre, the Gale Centre, and the Exchange.
Grant opportunities available to Alectra expire early in the first quarter of 2024, and
hence a decision to proceed is required in a timely manner. Staff also learned that
these grants would be incrementally reduced for locations where actual charging
revenues realized were high and act to offset the initial capital expenditure.
MTO Electric Vehicle (EV) ChargeON Program
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On October 20, 2023 the Province announced a new program entitled the EV
ChargeON Program (ChargeON). This program provides eligibility for Ontario
communities outside of large urban centres (i.e. less than 170,000 population) the
opportunity to receive up to seventy-five percent (75%) of total project costs through
post-construction rebates for EV chargers available for public use.
Staff has reviewed the program in detail and believe that the eligibility criteria and
incentive potential (75% of capital funding) offer the most attractive opportunity to date
for the City to take advantage of; however, the caveat being that sites must include a
minimum of four (4) level 2 chargers, or two (2) level 3 chargers, or one (1) level 3
charger if co-located with other level 2 chargers.
If the City's grant application under this program is successful, public procurements for
site works and charger installations will be a required next step.
Implementation Recommendations
With this new opportunity available to the City, Staff is recommending applications for
locations with revenue potential and locations that closely align with the ChargeON
program criteria as shown preliminarily below. The details of the specific number of
chargers and locations will be determined through the detailed site investigation,
feasibility studies, and investigations necessary to make a thorough submission to the
MTO by their deadline of January 31, 2024.
Staff further recommend to continue with the single source engagement for the initially
scoped charger infrastructure proposed by Alectra at the Exchange and at the Wayne
Thomson Building.
A summary of the initial implementation plan is as follows (note, subject to change due
to site criteria and feasibility study):
ZEVIP (Alectra)Charger Types and Quantities
Wayne Thomson Building 4x Level 2 (fleet and public use)
The Exchange 4x Level 2 (primarily public use)
ChargeON Charger Types and Quantities
Municipal Lot 4 (Ellen Avenue)4x Level 2 (phase 3 power unavailable
to support Level 3 Chargers)
Municipal Lot 18 (Kitchener Street /
Victoria Avenue)
8x Level 2 (replace existing 4 and add 4
additional).
Consider 2x Level 3 DC Fast Chargers
MacBain Community Centre 4x Level 2, or
1x Level 3 DCFC and 2x Level 2
Chippawa Arena / Patrick Cummings
Sports Park 4x Level 2
Gale Centre Arena 4x Level 2
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Oakes Park 4x Level 2
(Note: More information is needed before finalization of the ChargeON locations,
charger types, and quantities. Support for the application and supply and installation of
the charges will be required by one or more third parties).
Electric Vehicle Implementation
The decision to replace existing vehicles with zero-emissions electric vehicles is best
suited for vehicles at end-of-life in order to maximize lifecycle cost efficiency. Naturally,
not all vehicles are suited to be switch to electric power due to factors such as: specific
operating parameter (e.g. 24/7 use by parking enforcement), power and range
requirements (e.g. heavy-duty trucks), access to charging infrastructure, and limited
usage vehicles (where increased capital cost of EV's is unrecoverable due to low-
mileage usage).
In terms of immediate needs, Staff have identified three (3) 2010 Pontiac Vibes
assigned to the Bylaw Enforcement Section of the Planning, Building and Development
Division that are overdue for replacement. These vehicles would be well suited for
replacement with EV's due to their expected daily usage and proximity to proposed
chargers at the Wayne Thomson Building. Staff recommends proceeding with
procurement of these three vehicles and to subsequently monitor maintenance needs,
charging costs, and user satisfaction to help guide decisions on future EV purchase
opportunities.
Operational Implications and Risk Analysis
Subject to approval of funding, grants, and implementation feasibility the City will be
required to operate a series of additional chargers in addition to the four that are present
at Lot 18.
It can be expected that these new assets will be accompanied by maintenance,
operations, revenue collection, programming, and marketing in order to be successful.
Staff knowledge, experience and resources are presently insufficient to manage this
new and emerging asset type; therefore, it is recommended the City explore
opportunities with third-party vendors who can supply, install, maintain and operate the
assets for a ten (10) year period. EV charger locations with lower revenue expectations
are recommended to operate on a full turnkey "charging as a service" model where the
vendor receives all charging revenue to offset costs, whereas locations primarily suited
for fleet charging or where revenue expectations are high are recommended to operate
on a more traditional "infrastructure as a service" model where the City controls all
charging revenue.
Staff will be mindful in all business decisions to maintain the principle that EV chargers
are to be revenue-neutral position, or better, with capital and maintenance costs over
their lifecycle ideally being offset by associated charging revenue and parking revenue.
This said, upfront capital costs for installation of transformers and buried charging
infrastructure are more appropriate to recognized over a twenty-five (25) year lifespan
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whereas chargers are expected to have a shorter lifespan of ten (10) years before
replacement is required.
Financial Implications/Budget Impact
The City's Capital Budget included an allocation in 2022 for $150,000 comprised of
$100,000 in tax-supported funding from the City, and $50,000 from Federal/Provincial
Grants. This refers to the ZEVIP grant that was unsuccessful and is consequently
unavailable.
In 2023 a capital budget allocation of $20,000 was included for the purchase and
installation of four (4) EV charging ports at The Exchange following wiring that was
completed during the recent site- build phase.
Staff recommends re-prioritizing the available $120,000 in capital funding to advance
the initial implementation of this initial implementation plan. Additional financial details
on actual expenses will be reported on when this information is available and necessary
to support future decisions.
Strategic/Departmental Alignment
The recommendations of this report align with the Sustainability Pillar of the 2023-2027
Council Strategic Plan.
The initiatives of this report align with Action 10.3 the City's Climate Change Adaptation
Plan infrastructure goal "To design, construct, and maintain physical infrastructure that
is resilient to climate impacts while considering affordability, energy efficiency, natural
assets, and reduction in greenhouse gasses"
Action 10.3: Install and update EV charging stations and City EV fleet
Contributor(s)
James Dowling, Senior Manager of Capital Accounting
Written by:
Erik Nickel, General Manager of Municipal Works
Submitted by:Status:
Erik Nickel, General Manager of Municipal Works Approved
- 07 Nov
2023
Jason Burgess, CAO Approved
- 08 Nov
2023
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PBD-2023-70
Report
Report to:Mayor and Council
Date:November 14, 2023
Title:
Permitting 4 Dwelling Units in a Dwelling in Urban
Residential Areas
Recommendation(s)
1. That Council authorize staff to prepare an amendment to change the Official Plan
and Zoning By-law No. 79-200 to consider permitting four(4) dwelling units in a
dwelling on urban serviced residential lands where detached, semi-detached,
duplex and townhouse dwellings are permitted.
2. That Council direct staff to forward this recommendation to the Canada Mortgage
and Housing Corporation and the Federal Minister of Housing, Infrastructure and
Communities.
Executive Summary
At its August 15, 2023 meeting, Council directed staff to submit an application to the
Canada Mortgage and Housing Corporation (CMHC) under the $4 Billion Housing
Accelerator Fund (HAF). The CMHC has identified a number of best practices to
increase the supply of housing, of which adopting by-laws to adopt more as of right
zoning measures for units, and ending exclusionary zoning (the subject of report PBD-
2023-73, also on tonight's agenda) are the top priorities. Amending regulations to permit
up to 4 units, as of right, in a dwelling would align with this best practice.
At its October 23, 2023 meeting, Council approved in principle amendments to the
Official Plan and Zoning By-law No. 79-200 to permit up to three (3) dwelling units per
urban serviced lot where detached, semi-detached, duplex and townhouse dwellings
are permitted; documents to implement this change are being brought forward for
adoption.
A fourth unit is being proposed to be permitted, where appropriate. Should Council
approve this recommendation, staff will conduct a review in accordance with planning
principles, conduct any necessary open houses and report back with recommended
policies and regulations for permitting a further dwelling unit, at a future public meeting
of Council.
Background
In April, 2024, the Government of Canada, through the Canada Mortgage and Housing
Corporation (CMHC), announced the Housing Accelerator Fund (HAF). The HAF
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provides $4 billion of funding to municipalities until 2026-27 with a target of providing
100,000 net new housing units to help alleviate current shortage in the housing supply.
At its August 15, 2023 Meeting in its in camera portion, Council directed staff to submit
an application for HAF funding.
Currently The Planning Act, through Bil 23, permits two additional dwelling units, as of
right, on parcels of urban residential land containing a detached, semi-detached or an
on-street townhouse dwelling for a total of three dwelling units on a lot. To bring the
City's additional dwelling unit (ADU) policies and regulations into conformity with the
Planning Act, at its October 23, 2023 Meeting, Council approved in principle
amendments to the Official Plan and Zoning By-law Amendment to permit up to three
(3) dwelling units per lot on urban serviced land where detached, semi-detached, duplex
and townhouse dwellings are permitted. Official Plan Amendment No. 162 and By-law
No. 2023-110, on Council's agenda tonight, implement this approval.
CMHC has identified 10 best practice priorities (see Appendix 1) to increase housing.
The City has implemented or are implementing several of these, including implementing
e-permitting to speed up approvals, reviewing development charges with respect to
affordable housing, and developing pre-approved building plans for backyard houses.
Obtaining HAF funding will allow the City to pursue the majority of the priorities on this
list.
However two top priorities of CMHC (permitting 4 units as right in detached, semi-
detached and townhouse dwellings and eliminating exclusive zoning) have not been
addressed and are being recommended through this report and Report PBD-2023-73 to
place the City in the best possible position to receive HAF funding. A number of
municipalities, including Hamilton, Brampton, Guelph, Burlington and London, have
requested HAF funding and have either passed by-laws permitting up to 4 units, as of
right, in the above noted dwelling types, or have initiated policy and by-law reviews to
study this matter and report back to Council with draft amendments.
Analysis
Should Council provide direction to initiate this review, staff will conduct a
comprehensive analysis of permitting a fourth unit while considering compatibility with
surrounding uses, conduct the necessary open houses and report back to Council with
recommendations and draft amendments for Council consideration.
Operational Implications and Risk Analysis
N/A
Financial Implications/Budget Impact
Alignment with the Housing Accelerator Fund Best Practice List will ensure the City is in
the best possible position to receive HAF funding to implement to recommendations of
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its Housing Strategy and Housing Pledge, and advance the supply of housing and
affordable housing.
Strategic/Departmental Alignment
Under the Social Sustainable Strategic Pillar, the City will be developing an accessory
dwelling unit program. Facilitating the construction of additional dwelling units (ADUs),
where demonstrated to be appropriate and to be in accordance with planning principles
and policies, would align with this pillar. Through Council's approval of amendments to
permit up to three (3) units on urban serviced residential lots containing detached, semi
detached, duplex and townhouse dwellings, the City has started on this program.
Further initiatives include incentives to encourage the construction of these units, and
these and others will be presented to Council for consideration, should the City receive
HAF funding.
List of Attachments
Housing Accelerator Fund best practices
Written by:
Andrew Bryce, Director of Planning
Kira Dolch, General Manager, Planning, Building & Development
Submitted by:Status:
Andrew Bryce, Director of Planning Approved
- 07 Nov
2023
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 07 Nov
2023
Jason Burgess, CAO Approved
- 08 Nov
2023
Page 3 of 4
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Housing Accelerator Fund best practices
1.End exclusionary zoning
Stop low-density zoning and regulation that excludes housing types such as
affordable and social housing in residential areas.
Encourage high density by allowing mixed-use development and high-density
residential as-of-right within proximity to urban cores and transit corridors.
This includes adopting by-laws to adopt more as-of-right zoning measures, from the
number of units to storeys.
2.Make municipally owned lands available for housing through strategies such as
disposition, acquisition and/or pre-development.
3.Increase process efficiency by implementing new technologies or software to speed up
development approvals, such as e-permitting.
4.Prioritized/enhanced development approval process for rental and affordable
housing.
5.Comprehensive review of development charges and fee schedules including waivers, with
a focus on permits associated with affordable housing.
6.Reduce or eliminate parking standards to increase project viability, density and
reduce carbon footprint.
7.Eliminate restrictions related to height, setbacks, building floor area and others to
allow a greater variety in housing types, including accessory dwelling units.
8.Develop affordable housing community improvement plans or strategies/plans for the
rapid deployment of affordable housing.
9.Design and implement guidelines or pre-approved building plans for missing middle
housing or specific accessory dwelling unit types such as laneway housing or garden
suites.
10.Develop grant programs encouraging the development of housing types that align with
the Housing Accelerator Fund such as missing middle, row homes, purpose-built rental
and/or that promote new/innovative construction techniques (modular, pre-fab, mass
timber construction, etc.)
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PBD-2023-69
Report
Report to:Mayor and Council
Date:November 14, 2023
Title:Response to Rodent Control Efforts in the City
Recommendation(s)
1.That Council of the City of Niagara Falls receive report PBD-2023-69 as information.
Executive Summary
At the September 10, 2023, meeting of Council, Council identified rodent concern(s)
throughout the municipality.
The purpose of this report is to apprise Council of the current abatement efforts from the
2018 Council approved residential rodent control rebate program.
Analysis
At the January 9, 2018, meeting of Council, Council directed staff to provide a report on
the rat problem(s) in the city and future steps to address those concerns.
As a result of that meeting, Council approved the residential rodent control rebate
program to commence on April 9, 2018. Council approved a coordinated approach
between Municipal Enforcement Services and Municipal Works to address rodent
concerns within an area that was identified through the complaint process.
The collaborative approach resulted in improved assessment and monitoring, and
educational approach in dealing with this common urban pest.
When residents contact the city with rat sighting and/or complaints, they are recorded
and logged. Municipal Enforcement staff or our contractual Animal Control
SPCA/Humane society staff will attend the property to determine if there are noticeable
signs of rodents and/or any property standards, waste, or open compost matters
present.
If there are by-law related offences observed that may contribute to a rat infestation or
concern, then the appropriate legal Order(s), and/or Notices are issued to the property
owner to address those concerns in a timely legislated manner. MLEO staff or
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SPCA/Humane Society staff actively educate people on what are considered food,
water and shelter sources for rats.
Rats will often burrow within 30 metres or 100 feet of a food source such as a bird
feeder, gardens, composts, fallen fruit from trees and dog feces. Residents should
avoid putting meat and dairy products in their compost and ensure that both the
compost and their garbage and closed and secure. Water sources should also be
removed where possible such as water fountains, bird baths or open containers that can
hold water.
City staff continue to monitor the issue and follow up on complaints from residents. Rats
are part of any urban area, and it is not possible to eliminate them entirely. However,
working with residents and other stakeholders the size of the rat population in the city
can be managed.
Municipal Baiting of Sewers
The City’s pest control contractor continues to bait municipal sewers when it is
appropriate to do so. Sewer baiting is done on a case-by-case basis, after the complaint
has been received and investigated.
Baiting of the sewers involves a licensed pest management company placing pellets
onto a benching of a manhole. Unlike larvicides (e.g., those used for mosquito control)
the pellets are not placed in stormwater catchbasins to avoid poison entering a natural
body of water through outlets.
The pellets may fall to the bottom of the sewer but will not dissolve. It may get logged or
flushed away but will still bind together in pellet or block form. If a rat consumes the
poison, it will die within 4 to 24 hours.
It fits with the facts to bait the sewers only when it will be effective in reducing rat
populations. Baiting the sewers is the only affective when rats are actually living in the
sewers. Typically, sewers are not preferred habitats for rats. When rats are living in a
ravine or other natural area, baiting the sewers will not be effective. As well, as long as
there are existing food sources in the area to attract rats, they will be present (e.g.,
garbage, bird feeders, fruit tress etc.).
Rodent Control Rebate Program
Private homeowners need to be diligent in maintaining their properties to ensure they
are free of any waste, or potential food, water and habitat sources for rodents.
Private property owners may utilize the rebate program in baiting their private properties
to eliminate any rat infestation problems or concerns. The rodenticide used by licensed
pest control contractors is of a higher poison concentration and therefore is more
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effective than over the counter pest control products purchased at retail outlets. These
steps, along with being proactive in deterring rats from residential properties, are
imperative to control rat populations.
Should the homeowner need to control the rats on the exterior of their property they are
encouraged to reach out to a pest control professional to confirm the presence of rats
and recommend action that are required to eliminate the rats from their property and
surrounding properties. Council approved the rebate program to reduce the cost for
homeowners for rodent control efforts.
Eligible rebates for homeowners are equal to 50% of the costs to a maximum limit of
$200.00 dollars per application. (See attached applications).
The rebate program only applies to services provided by a licensed Canadian pest
control contractor(s). It does not include pest control products purchased by the
property owner at retail outlets for their own application. The program excludes
condominium buildings because this cost should be covered in condo maintenance fees
already paid by owners.
Demolition of Buildings
The Municipality does not provide rat containment traps prior to the demolition of
building.
The Chief Building Official canvassed existing municipalities in the Region and this
process is not being utilized for the purposes of containment and removal. The Ontario
Building Code fees for demolition are legally legislated by the province. These fees
cannot contain a rat abatement program.
If the City receives an identifiable rat concern prior to demolition of a building, then staff
may/can issue property standards order to the owner/developer to remedy the property
free of those concerns where applicable.
Historically, the City has not identified a location or building of concern where the
demolition of a building is responsible for the displacement of rodent concerns within a
specific area.
Public Awareness, Education and Control
The City of Niagara Falls will provide continued education and outreach to residents and
stakeholders to enhance their awareness and knowledge in the identification,
prevention and control of rodent infestation. The educational information will be
delivered through our city webpage and through social media engagement sites.
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Through our Corporate Communication Services department, the City will advise our
residents to monitor their property for the possible evidence of rodents, improve
sanitation and eliminate nesting sites, prevent rodents from entering their home,
eliminate a food source, use effective traps and participate in the rodent control rebate
program where necessary.
At the October 3, 2023 Council meeting, Council brought a motion forward to direct
Municipal Staff to contact the Niagara Regional Health Department to take responsibility
of the rat/rodent issue in Niagara Falls by handling the complaints.
The Environmental Health Manager from Niagara Region, Mr. Colin Horne was
contacted and provided the following information:
Niagara Region Public Health & Emergency Services (NRPH&ES) receives complaints
from the public regarding rodent sightings in their home or within their neighborhoods.
NRPH&ES is available to receive and begins responding appropriately to all reports that
are received within 24 hours. NRPH&ES's role is to support our residents and
municipality by providing information and education to our residents on how to rodent
proof their homes and properties to make them less appealing to rodents. NRPH&ES
also reviews the types of rodent control measures and discusses how to clean and
disinfect contaminated areas to keep residents and their families safe.
NRPH&ES will also mail out educational packages to residents in the area or if need be,
go door-to-door to provide education in a geographical area where rodents have been
spotted.
NRPH&ES works collaboratively with municipalities, as municipalities are the lead
agency in dealing with rodent issues in the community and have the authority to
address pest issues through the use of their property standards bylaws. NRPH&ES is
the lead agency if rodent issues are identified in facilities where NRPH&ES is mandated
to conduct inspections (food premises, personal service settings, and congregate living
settings) and has the authority to address pest issues through the use of the Health
Protection and Promotion Act.
Ultimately, joint efforts are required on the part of everybody in a community to prevent
rodents from establishing themselves. This includes homeowners, neighboring
residents, municipal property standards departments, and NRPH&ES.
Financial Implications/Budget Impact
Council approved an initial start-up of $50,000 dollars for the residential rodent rebate
program at the February 13, 2018, meeting of Council to commence on April 9, 2018.
The residential rat rebate program costs approximately $12,900 averaged annually
since the commencement of the 2018 program.
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In 2022, $19,993.94 was expensed through the participation in the rodent rebate
program.
In 2023, to date $11,713.84 has been expensed which is a reduction over the prior year.
The funding for rebates and rodent control related educational campaign costs are
included in the Municipal Enforcement Services annual operating budget and obtained
through the municipal tax levy.
Strategic/Departmental Alignment
The information contained in this report meets the City’s strategic commitment to;
•Address issues relating to property standards to help to beautify our community by
enforcing property standards.
Contributor(s)
Municipal Works
List of Attachments
PBD-2018-12 - Attchment 1 - 2023 RESIDENTIAL RODENT CONTROL REBATE
PROGRAM_APPLICATION & CONTRACTOR FORM
Written by:
Gerald Spencer, Manager of Municipal Enforcement Services
Submitted by:Status:
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 09 Nov
2023
Jason Burgess, CAO Approved
- 09 Nov
2023
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CITY OF NIAGARA FALLS
2023 RESIDENTIAL RODENT CONTROL REBATE PROGRAM
APPLICANT INFORMATION – PLEASE PRINT
Name of Property Owner:
Mailing Address:
Rodent Control Service Address (if different):
City: Niagara Falls Province: Ontario Postal Code:
Phone: Email:
Property Tax Account Number:
REBATE PROGRAM INFORMATION – PLEASE PRINT
Provide information about the pest control contractor retained below – limit one rebate per calendar year.
Contractor Company Name: Invoice #: Total Price: Date of Service:
Terms and conditions: In consideration of receiving the rebate under this Rodent Control Rebate Program, the undersigned Applicant acknowledges
and agrees:
1. THAT The Corporation of the City of Niagara Falls (City of Niagara Falls) is not responsible for the contractor selection, or for the application or
operation of the rodent control contractor products or services;
2. THAT for the purposes of this rebate, the property owners must have retained a contractor with a valid Ontario exterminator licence from the Ontario
Ministry of the Environment and Climate Change (MOECC) authorizing pesticide use according to the terms and conditions of the licence;
3. THAT the City of Niagara Falls does not guarantee or warrant the pest control products or services used, the performance, freedom from defects,
quality of workmanship or suitability of the products thereof for any purpose, or the suitability of the premises for application. Further, the Applicant
acknowledges and agrees to assume any and all additional costs of the services performed or any ongoing rodent control services beyond the rebate
amount;
4. THAT the rebate is not applicable to pest control services rendered to the interior of buildings. For exterior property only.
5. THAT there are no outstanding Property Standard order(s) issued against the applicant property.
6. TO indemnify, save and hold harmless the City of Niagara Falls, and its agents, officials, officers, councillors and employees (collectively, the agents)
against all liability, loss, costs, damages, and expenses, causes of action, actions, claims, demands, lawsuits and other proceedings, by whomever
made, sustained, brought or prosecuted, including by third parties, involving bodily injury, death, personal injury, and property damage, in any way
based upon, occasioned by or attributable to the Applicant’s participation in this Program, including any negligence on the part of the City of Niagara
Falls, or its agents; and
7. TO refund such rebate to the City of Niagara Falls on request, if this application contains any misstatement or misrepresentation on such Applicant’s
behalf, or if the Applicant breaches any of these terms or conditions.
Notice of Collection: The personal information on this form is collection pursuant to the Municipal Act and in accordance with the Municipal Freedom of
Information and Protection of Privacy Act. This information will be used for the purposes of participation in, and administration of the City of Niagara Falls
Residential Rodent Control Rebate Program, and updates about rodent control initiatives.
Signature of Property Owner:
Date:
FOR OFFICE USE ONLY
Total Contractor Service Cost: Total Rebate Amount:
Approved: Yes No File No.:
City Sanitary Sewers Baited in area: Yes No Baiting Date:
Active Property Standards Order(s) Issued on Applicant Property: Yes No
Property Owner has complied with any Property Standards order(s) issued on Applicant Property:
Yes No Not Applicable Date of Compliance:
Reason for rebate denial:
Authorization Signature:
Date:
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CITY OF NIAGARA FALLS
2023 RESIDENTIAL RODENT CONTROL REBATE PROGRAM
Additional Instructions and Program Notes:
1. A Municipal Enforcement Officer may perform a site assessment at the applicant service address. Please
contact the Municipal Enforcement Services Section at 905-356-7521 ext. 4253 or ext. 4341 or
municipalenforcementservices@niagarafalls.ca for more information.
2. Once completed, all applications must be submitted to the City of Niagara Falls Municipal Enforcement
Services Section at City Hall, located at 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, L2E 6X5.
Completed forms can also be emailed to municipalenforcementservices@niagarafalls.ca.
3. All applications must be accompanied by the receipt/bill of service from a licensed Canadian pest control
contractor, including proof that the services were rendered to the exterior of the residential property of the
applicant (i.e. billing address listed on the bill of service). Please also retain a copy of your receipt for your
own records.
4. All applications must be accompanied by the completed Contractor Information Form. Failure to comply with
professional recommendations may result in denial of future rebate requests.
5. Applications do not guarantee a rebate as they are evaluated and processed on a first come first serve
basis.
6. Rebates will only be credited to the property owner for the address where the services were performed.
Proof of an active property tax account at the subject address may be required (i.e. a current property tax or
water bill).
7. Applications will only be received for purchases within the current calendar year. Only one rebate per
property will be accepted per calendar year. Rebates are not retro-active.
8. Eligible rebates are equal to 50% of the cost to a maximum limit of $200.00 per application. All additional
costs are the sole responsibility of the property owner.
9. Eligible rebates are for residential properties only. Defined as a single detached dwelling, duplexes or
triplexes created from the separation of a single detached dwelling into separate living units, or a semi-
detached dwelling. Business, Commercial, industrial, manufacturing or residential properties with buildings
greater than four units are not accepted. Dwellings of any type subject to a Condominium Agreement are
not included.
10. The rebate is not valid for any service inside of buildings or crawl spaces. Only professional rodent control
services performed to exterior yards is eligible.
11. The City of Niagara Falls actively encourages residents to retain the services of a local licensed pest control
service provider however it is not mandatory to do so. This rebate is for the services provided by a licensed
Canadian pest control contractor only. It does not include pest control products purchased by the property
owner at retail outlets for their own application.
12. After City of Niagara Falls approval of the application form, please allow thirty (30) days for rebate payment.
All rebates are paid by cheque directly to the property owner.
Application revised on: January 1, 2023
Implemented on: February 27, 2018
Page 7 of 8
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CITY OF NIAGARA FALLS
2023 RESIDENTIAL RODENT CONTROL REBATE PROGRAM
CONTRACTOR INFORMATION FORM
This form must be completed in order for the Customer Rebate Request to be processed
CONTRACTOR INFORMATION – PLEASE PRINT
Business Name:
Business Address:
City: Province: Postal Code:
Phone: Extension:
Fax:
Email:
Contractor Invoice No.: Invoice Total:
CUSTOMER INFORMATION – PLEASE PRINT
Customer Name:
Address of Service:
Date of Service:
SERVICES PERFORMED
Were rat burrows found on property?: Yes No
No. of bait stations and/or traps placed on exterior property:
Possible cause/source of rat problem:
Recommendations to Customer:
Signature of Pest Control Contractor Representative:
Date:
I have a valid Ontario Exterminator Licence from the Ontario Ministry of the Environment and Climate Change (MOECC)
authorizing pesticide use according to the terms and conditions of the Licence.
Signature of Property Owner:
Date:
Notice of Collection
The personal information on this form is collection pursuant to the Municipal Act and in accordance with the Municipal Freedom of Information and
Protection of Privacy Act. This information will be used for the purposes of participation in, and administration of the City of Niagara Falls Residential
Rodent Control Rebate Program, and updates about rodent control initiatives.
Page 8 of 8
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F-2023-31
Report
Report to:Mayor and Council
Date:November 14, 2023
Title:2023 Q3 Parking Fund Budget to Actual Variance (Unaudited)
Recommendation(s)
That the Parking Fund Budget to Actual Variance report for the period ended
September 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 September 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 2022 are currently under audit and audited
financial statements are expected to be presented to Council by Q2 2024. Staff have
prepared the unaudited 2023 Q3 budget to actual results of the Parking fund.
Analysis
Attachment 1 contains the Parking Fund 2023 Q3 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 $432,523. These revenue sources have rebounded and
are exceeding pre-COVID levels which has resulted in this revenue surpassing
budget estimates by the end of the third quarter. With additional revenue
generation in Q4, staff are anticipating a substantial surplus at year-end.
Page 1 of 4
Page 336 of 544
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 tax levy
supported operating budget.
Expenses
3.Labour and Benefits have an unfavourable variance of $53,580. This is due to
outstanding labour reallocations related to positions that are split between the
Parking Fund and General Operating Fund that are completed at year-end.
Overall labour and benefits for parking are anticipated to fall within budget.
4.Materials have a favourable variance of $25,222 largely due to a delay in
procuring parts for parking machine repairs and maintenance. There is a small
negative variance of $1,551 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 4th quarter budget was
essentially utilized. There is also a small negative variance of $1,407 in
electricity due to increased use of EV charging stations which will be accounted
for in the 2024 budget. All other items are on track with budget.
5.Contracted Services have a favourable variance of $101,126. This is largely
due to a savings in contracted services for Commissionaires as a result of
removing overnight shifts in the spring and summer due to staff absences, as
well as some outstanding invoices for parking machine system maintenance.
There is also a small positive variance of $26,375 in snow plowing due to
seasonality.
6.Rents and Financial Expenses have an unfavourable variance of $44,133 due
to increased payment processing fees and MTO search fees which are
attributable to and offset by increased user fees and fine revenue.
7.Internal Rent has a favourable variance of $45,958 due to outstanding postings
of fleet charges for the 2nd and 3rd quarter. 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.
Page 2 of 4
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Financial Implications/Budget Impact
Financial implications have been communicated above in the analysis section.
Strategic/Departmental Alignment
This report is consistent with the following Council strategic commitments:
1. To be financially responsible to the residents of Niagara Falls by practicing
prudent fiscal management of existing resources, and by making sound long-
term choices that allow core City programs and services to be sustainable now
and into the future.
2. To be efficient and effective in our delivery of municipal services and use of
resources, and accountable to our citizens and stakeholders.
Contributor(s)
Paul Brown, Manager of Parking Services
List of Attachments
F-2023-31 Attachment 1 - Q3 2023 Parking Budget to Actual
Written by:
Jessica Sinkowski, Financial Analyst
Submitted by:Status:
Tiffany Clark, Director of Finance Approved
- 02 Nov
2023
Shelley Darlington, General Manger of Corporate
Services
Approved
- 02 Nov
2023
Jason Burgess, CAO Approved
- 07 Nov
2023
Page 3 of 4
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Attachment 1 F-2023-31
November 14, 2023
2023 Q3 Budget to Actual Comparison
Budget
Budget to
Sept 30
(75%) Actuals
(Over)/
Under
Budget
Variance
(Over)/
Under
Budget
Used
2023 2023 2023 $%%
REVENUES
Fines 476,600 357,450 471,135 (113,685)(31.8%)98.9%
Permits 157,300 117,975 137,694 (19,719)(16.7%)87.5%
User Fees 638,200 478,650 745,269 (266,619)(55.7%)116.8%
Licenses 0 0 32,500 (32,500)#DIV/0!#DIV/0!
Miscellaneous Revenue 1,272,100 954,075 1,386,598 (432,523) (45.3%) 109.0%[1]
From Special Purpose Reserves 156,512 117,384 117,384 0 0.0% 75.0% [2]
Internal Transfers 156,512 117,384 117,384 0 0.0% 75.0%
TOTAL REVENUE 1,428,612 1,071,459 1,503,982 (432,523) (40.4%) 105.3%
EXPENSES
Labour 421,458 316,094 355,764 (39,670)(12.6%)84.4%
Employee Benefits Allocation 124,569 93,427 106,133 (12,706)(13.6%)85.2%
Overtime 1,500 1,125 2,328 (1,203)(107.0%)155.2%
Labour and Benefits 547,527 410,645 464,225 (53,580) (13.0%) 84.8%[3]
Materials 82,900 62,175 36,240 25,935 41.7%43.7%
Professional Development 800 600 0 600 100.0%0.0%
Insurance Premiums 230 173 160 13 7.3%69.5%
Conferences/Conventions 3,000 2,250 1,068 1,182 52.6%35.6%
Membership/Subscriptions 600 450 0 450 100.0%0.0%
Office Supplies 6,400 4,800 6,351 (1,551)(32.3%)99.2%
Electricity 4,800 3,600 5,007 (1,407)(39.1%)104.3%
Materials 98,730 74,048 48,826 25,222 34.1% 49.5%[4]
Contracted Services 468,100 351,075 276,327 74,748 21.3%59.0%
Snow Plowing 108,500 81,375 55,000 26,375 32.4%50.7%
Contracted Services 576,600 432,450 331,327 101,123 23.4% 57.5%[5]
Rents and Financial Expenses 68,000 51,000 95,133 (44,133) (86.5%) 139.9%[6]
Internal Rent 69,898 52,424 6,466 45,958 87.7%9.3%[7]
Indirect Costs 67,857 50,893 50,893 0 0.0%75.0%
Internal Transfers 137,755 103,316 57,358 45,958 44.5% 41.6%
TOTAL EXPENSES 1,428,612 1,071,459 996,869 74,590 7.0% 69.8%
(Surplus)/Deficit 0 0 (507,113) 507,113
PARKING FUND
Page 4 of 4
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MW-2023-30
Report
Report to:Mayor and Council
Date:November 14, 2023
Title:Appointment of Drainage Engineer
Recommendation(s)
THAT Council appoint K. Smart Associates Limited as the Drainage Engineer to
examine the area requiring drainage, as described in the Petition for Drainage Works for
5981 Willow Road dated June 6, 2023, and prepare a report pursuant to the Drainage
Act, R.S.O. 1990.
Executive Summary
The Drainage Act provides a legal procedure through which an “area requiring
drainage” can be addressed through the construction of a drain to a sufficient outlet.
The process is initiated by the individual(s) requiring drainage, and the cost of all work
to construct, maintain and repair the drain is borne by the benefitting property owners.
A petition for Drainage Works by Owners – Form 1 pursuant to the Drainage Act, RSO
1990 was received by the Clerk’s Office on June 6, 2023. The petition was accepted by
Council on July 11, 2023.
As the next step in the process defined under the Drainage Act, it is recommended that
Council appoint K. Smart Associates Limited as Drainage Engineer, to examine the
area requiring drainage, as described in the petition, and prepare a report pursuant to
the Drainage Act.
Background
A petition for Drainage Works by Owners – Form 1 pursuant to the Drainage Act, RSO
1990 was received by the Clerk’s Office on June 6, 2023.
The Drainage Act provides a legal procedure through which an “area requiring
drainage” can be addressed through the construction of a drain to a sufficient outlet.
The process is initiated by the individual(s), in this case one single property owner, who
would derive benefit from construction of the drain. It is important to note that the costs
associated with detailed design, construction and ongoing maintenance and repairs of
the drain are to be born by the benefitting property owners.
The full process defined by the Drainage Act is presented in Attachment 1, key steps in
the process to be addressed by Council in the short term are as follows:
Page 1 of 6
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1. Council is to determine if the petition should be accepted, and to notify the
petitioner of its decision within thirty days of filing of the petition. Note that this is
not a decision to proceed directly to design and construction but is a decision to
proceed under the process defined by the Drainage Act. Based on review by the
Drainage Superintendent the subject petition was filed in accordance with the
Drainage Act and the City has no grounds to not accept the petition. This is
complete, the petition was accepted by Council on July 11, 2023.
2. The Drainage Superintendent shall notify the Niagara Peninsula Conservation
Authority (NPCA) and the Ontario Ministry of Agriculture Food and Rural Affairs
(OMAFRA) of the City’s intent to proceed with the Drainage Act process. This is
complete.
3. Council shall by by-law or resolution appoint a Drainage Engineer to examine an
area requiring drainage as described in a Petition for Drainage Works and to
prepare a report which shall include:
a. plans, profiles and specifications of the drainage works, including a
description of the area requiring drainage;
b. an estimate of the total cost thereof;
c. an assessment of the amount or proportion of the cost of the works to be
assessed against every parcel of land and road for benefit, outlet liability
and injuring liability;
d. allowances, if any, to be paid to the owners of land affected by the
drainage works; and
e. such other matters as are prescribed or provided for under the Drainage
Act.
4. Review and acceptance of the preliminary report by Council and the petitioners.
Following review of the preliminary report, petitioners have the opportunity to
remove their names from the petition. If after review of the preliminary report, the
number of remaining petitioners is less than what is required for a “valid” petition,
the original petitioners are responsible for the costs to prepare the preliminary
report. In the case of the subject petition, there is only one petitioner therefore
they will be responsible for all costs associated with the preliminary report. It is
anticipated that the work to prepare the preliminary report will take several
months, following which it will be presented during a City Council meeting for
review and input.
The above represent the preliminary steps to be completed by the City in the short term
to initiate the process of establishing a drain under the Drainage Act. The subsequent
detailed design, approvals, and construction work will follow the procedures defined by
the Drainage Act and related legislation, and will be documented in a detailed
Engineer’s Report. These procedures dictate include numerous mandatory points of
contact with City Council and affected landowners, including presentation of the
Engineer’s Report during a City Council meeting and ample opportunities for review and
comment by City Council and affected landowners.
Page 2 of 6
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Operational Implications and Risk Analysis
There are currently no operational or risk implications associated with the petition.
Financial Implications/Budget Impact
The costs associated with constructing, maintaining and repairing a drain under the
Drainage Act are borne by the benefitting property owners, and so the financial impact
to the City is expected to be minimal. At present, it is premature to estimate the costs
that will be incurred, however the Drainage Act includes numerous opportunities for the
petitioner(s) and affected landowners to review and provide input.
Strategic/Departmental Alignment
The recommendations of this report align with the following Strategic Pillars:
Financial Sustainability - Financial sustainability refers to the ability of the City
of Niagara Falls to effectively manage its financial resources to meet its current
and future obligations, without relying on external sources of funding, and without
sacrificing its ability to deliver essential services to its residents. Under the
Drainage Act, the costs associated with establishing, maintaining and repairing
drains are to be assessed against and paid for by the benefiting land owners.
Environmental Sustainability - Environmental sustainability refers to the
practices and policies that the City of Niagara Falls implements to ensure the
health and well-being of the environment for current and future generations. This
involves improving existing or implementing new policies and practices that
ensure that the City’s drainage infrastructure is designed and maintained in a
manner that meets or exceeds legislated environmental requirements and
mitigates the impacts of climate change to preserve and improve the quality of
life for residents in the community. The Drainage Act prescribes a process
through which a land owner can address an area requiring drainage; it is the
responsibility of the City to assist in that process as prescribed by the Drainage
Act.
Customer Service - The City of Niagara Falls prides itself on fostering a culture
that prioritizes customer service. The recommendations of this report intend to
serve the City’s customers through the prescribed process of the Drainage Act.
Contributor(s)
Sue Noble, Drainage Superintendent
List of Attachments
Attachment 1 - Drainage Act Petition Process
Written by:
Sue Noble, Infrastructure Services Program Supervisor
Submitted by:Status:
Page 3 of 6
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Erik Nickel, General Manager of Municipal Works Approved
- 06 Nov
2023
Jason Burgess, CAO Approved
- 08 Nov
2023
Page 4 of 6
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Section 4
E
E
E
E
E
E
E
E
Should pe on be accepted?
E
local municipali es:
Is environmental appraisal
desired? 6(1)
local municipali es: Is a
bene t cost statement
desired? 7(1)
Has an environmental appraisal or
bene t cost statement been requested?
Should an engineer
be appointed? 8(1)
Is an environmental appraisal or
bene t cost statement desired?
6(2) and 7(2)
Should a preliminary
report be prepared?
Is the pe on s ll
valid? 10(5)
Should the project
proceed? 10(5)
Is the pe on valid?
Pe oners
Can a valid pe on be
resubmi ed within
60 days? (95)
Mee ng to consider preliminary report 10
Pe on led with Council 4(1)
Pe oners no ed of decision 5(1)a
Pe oners have right of appeal to Tribunal 5(2)
No ce sent 5(1)(b)
Council instructs engineer
to produce nal report 9(5) or 10(5)
Engineer prepares and les preliminary report 10(1)
Clerk sends no ces of mee ng to consider preliminary
report to a ected par es 10(2)
Engineer presents preliminary report
Council gives owners opportunity to add or
withdraw names from the pe on 10(3)
Engineer holds
on-site mee ng 9(1)
Council receives feedback Request sent to council within 30 daysRequest sent to council within 30 days
Pe oners have right of appeal to Tribunal 8(3)
Pe oners have right of appeal
to Tribunal 10(6)
Engineer reports to council how the
pe on is de cient 9(4)
Proceedings
stop 9(4)
No ac on
required
No ac on
required
Original
pe oners
pay costs and
the project
stops 10(4)
Con nued
E
E
Engineer prepares nal report and les
with municipality within 1 year 39(1)
Figure A2-1. Pe on drain procedures (Sec on 4).
16
Part A – Applica on of the Drainage Act Requirements
Page 7 of 9Page 5 of 6
Page 344 of 544
E
Should the project
proceed? 41(1)Pe oners have right of appeal to Tribunal 45(2)
Con nued
E
E
Mee ng to consider
nal report 41-44
Clerk(s) sends no ce of mee ng to consider nal
report 41(1) and 41(2)
Engineer presents nal report
Pe oners have right of appeal to
Tribunal 45(2)
Original
pe oners
pay costs and
the project
stops 10(4)
Is the pe on s ll
valid? 43
Should the project
proceed?
44
Council gives owners opportunity to add or
withdraw names from the pe on 42
Appeal of C.O.R decision
led within 21 days
Report referred back
to engineer 57
10 days
Appeal to Tribunal and referee led within 40 days a er sending
Tribunal hears appeals from
decision of C.O.R. on
assessments 54
These appeal steps only occur if appeals are led
Tribunal hears appeal on
technical aspects of the work
48, 49, 50
Referee hears appeals on legal
aspects of the work 47(1)
Council provisionally adopts the report by by-law
45(1)
Clerks send out provisional by-law and no ce of the
court of revision (C.O.R.) 46(1) and (2)
Changes ordered by the CoR or Tribunal, if any, are
put into e ect by the clerk 56
20-30 days a er sending, C.O.R. hears appeal on
assessments 52(1)
A er all appeals have been heard or me for
appealing has expired (min 40 days), by-law may be
passed 58(1)
E
Are tender prices 33% higher
than es mate?
E Appeals led within 1 year of project comple on
Mee ng to consider tender price 59
Tendering occurs
Accept tender and proceed to construc on
Clerk(s) sends no ce of mee ng to
consider tender price (59(1)
Tender prices are
presented
Council gives owners
opportunity to add or withdraw
names from the pe on 42
Project constructed
Post-construc on administra ve work:
– by-law amended to re ect actual costs 62(1)
– assessments levied 62(1)
– grants applied for 88
– by-law registered 68
Project complete
Pe oners have right of appeal to Tribunal 64 Original
pe oners
pay costs and
the project
stops 43
Is the quality of work sa sfactory?
64
E
Is the pe on s ll valid?
42
L
Proceeding Stop
Decision Point
General Ac ons
Move to Another
Process
Project scope
mee ng
S S
Pe oners/Owners
Engineer
Municipal Sta
Council of Ini a ng
Municipality
Conserva on authority
(CA), provincial or local
government
Appeal
1 Project scoping mee ngs are not required by the
Drainage Act. They are a suggested addi on to the process
as a poten al means to resolve issues
17
General Guidance on Key Sec ons, Drainage Act, 1990
Page 8 of 9Page 6 of 6
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MW-2023-33
Report
Report to:Mayor and Council
Date:November 14, 2023
Title:
Single Source Purchase Request and Capital Budget
Amendment – Trails & Active Transportation Master Plan
Recommendation(s)
That Council approve a capital budget amendment to reallocate the uncommitted funds
from the Transportation Master Plan to the Trails & Active Transportation Master Plan.
And that Council approve a single source procurement in accordance with By-Law No.
2021-04, Section 18(a)(i) Single and Sole Purchases with WSP Canada Inc. for the
provision of consulting services to undertake the City’s Trails & Active Transportation
Master Plan.
And that Council provide delegated authority to the Chief Administrative Officer and the
General Manager of Municipal Works to execute the necessary agreements.
Executive Summary
WSP Canada Inc. were the successful proponents of RFP5-2023 and was awarded the
Transportation Master Plan project in April 2023. Through the competitive Request for
Proposal (RFP) bid process the City was able to secure very favourable pricing for the
project. the from uncommitted in funding approximately is There $180,000
Transportation Master Plan budget that is recommended to be reallocated to the Trails
& Active Transportation Master Plan. Finance staff are supportive of the remaining
funds in the existing Transportation Master Plan budget to be utilized to expedite the
work and produce comprehensive Master Plan.
Single source purchasing is recommended by Municipal Works – Transportation
Services staff for the procurement of the Trails & Active Transportation Master Plan with
WSP Canada Inc., due to the compatibility and synergies of the service with the existing
Transportation Master Plan project currently awarded and underway with WSP Canada
Inc.
Background
The City of Niagara Falls issued a Request for Proposal (RFP) as an invitation to
qualified, professional consultants to submit Proposals for Consulting Services to
Page 1 of 3
Page 346 of 544
undertake previous the builds that Plan on Transportation a deliver and Master
Sustainable Transportation Master Plan of 2011 but also embraces the new and
emerging transportation mobility options and technologies available.
WSP Canada Inc. were the successful proponents of RFP5-2023 and was awarded the
Project in April 2023.
Analysis
The Transportation Master Plan was awarded in April 2023. Through the competitive
Request for Proposal (RFP) bid process, the City was able to secure very favourable
pricing for the project. During the 2024 Budget Process, staff were seeking funding for a
Trails and Active Transportation Master Plan. During the budget discussions, staff
highlighted the benefits of completing the Trails and Active Transportation Master Plan
with the uncommitted funding from the Transportation Master Plan. Finance staff are
supportive of the remaining funds in the existing Transportation Master Plan budget to
be utilized to expedite the work and produce comprehensive Master Plan.
According to the City’s Procurement By-Law No. 2021-04, Section 18, a competitive
procurement process is not required for Single or Sole Source Purchases, provided that
the appropriate conditions apply. Furthermore, Single or Sole Source purchases greater
than $100,000 require Council approval as the purchasing authority.
Municipal Transportation – Works by recommended is purchasing source Single
Services staff for the procurement of the Trails & Active Transportation Master Plan with
WSP Canada Inc., due to the compatibility and synergies of the service with the existing
Transportation Master Plan project currently awarded and underway with WSP Canada
Inc.
By Active & Trails the of procurement single the with now proceeding source
Transportation Master Plan with WSP Canada Inc., it ensures the City’s Transportation
Master Plan will be inclusive of all primary forms of transportation, most of which directly
compliment each other (bike lanes, trail crossings and roads for example). It will enable
the City to proceed swiftly allowing outputs from this work to feed concurrent studies
such as the Development Charges Background Study and Community Benefits Charge
Strategy, and it avoids putting additional pressure on the 2024 Capital Budget by
leveraging existing funds.
Financial Implications/Budget Impact
During the 2022 and 2023 capital budget process, Council approved a total of $450,000
in funding to scope and undertake the delivery of the Transportation Master Plan
project. Through the competitive Request for Proposal (RFP) bid process the City was
able to secure very favourable pricing for the project. There is approximately $180,000
Page 2 of 3
Page 347 of 544
in uncommitted funding from the Transportation Master Plan budget that is
recommended to be reallocated to the Trails & Active Transportation Master Plan.
The is Plan Master Transportation and Active the for proposed budget Trails
approximately $132,149.
Strategic/Departmental Alignment
Encourage multi-modal travel and active transportation initiatives, and enhance
motorist, cyclist, and pedestrian safety.
Contributor(s)
James Dowling, Senior Manager of Capital Accounting
Dave Butyniec, Senior Manager of Procurement
Shelley Darlington, General Manager of Corporate Services
Written by:
Mathew Bilodeau, Manager of Transportation Engineering
Submitted by:Status:
Erik Nickel, General Manager of Municipal Works Approved
- 08 Nov
2023
Jason Burgess, CAO Approved
- 09 Nov
2023
Page 3 of 3
Page 348 of 544
CRIMENI
STOPPERS
2-198 Cushman Road
St Catharines,Ontario,L2M 6T3
Phone:905-938-5463
www.crimestoppersniagara.ca
MayorJim Diodati
City of Niagara Falls
4310 Queen Street
Niagara Falls,Ontario
L2E 6X5
October 20”‘,2023
Dear MayorJim Diodati
RE:Crime Stoppers Month —January 2024 -Flag Raising Request
By way of introduction,my name is Ernie Sibbett.I am the Chair of Crime Stoppers of Niagara.
I wish to advise that January is recognized as Crime Stoppers Awareness Month worldwide
As a way of celebrating this important month,Crime Stoppers of Niagara has partaken in various flag
raisings ceremonies across the Niagara Region,over the past years.We would like to keep this tradition
alive.As such,I would be obliged if you would allow us the opportunity to conduct a flag raising
ceremony at the Niagara Falls City Hall,in the month ofJanuary,on a date and time suits you best.
As well,I have enclosed an information form which captures a brief synopsis of what Crime Stoppers of
Niagara is all about.Please take a moment to review the enclosed and advise of any questions you may
have.
I would be delighted to speak to you further about Crime Stoppers of Niagara,or our traditional flag
raising ceremony.Please feel free to contact me at your convenience.I can be reached by telephone at
905-324-8522,or by e—mai|to admin@niagaratips.com.
I look forward to hearing from you.
ve ly,
Ernie Sibbett
Chair,Crime Stoppers of Niagara
Crime doesn’t pay —Crime Stoppers does.Tell us what you know,not who you are
Page 349 of 544
WHO WE ARE
Established in 1985, Crime Stoppers of Niagara Inc. is one branch of over 1700 Crime Stoppers programs
across 32 countries.
Crime Stoppers of Niagara Inc., consists of an Administrative Director, a Board of Directors, and Volunteers,
all of whom reside in the Niagara Region.
OUR VISION
To promote a safe community for all to live, work, invest, and play in.
OUR GUARANTEE TO YOU
If you have information regarding a crime that occurred, report it to us through our Tip Line 1-800-222-
8477 (TIPS), or by clicking on the link on our Website at www.crimestoppersniagara.com.
You will remain anonymous.
OUR REWARD TO YOU
If your tip leads to an arrest, you will be paid a reward. That reward can be up to $2,000!
HOW IT ALL WORKS
If you have information regarding a crime that occurred, call our Tip Line at 1-800-222-8477 (TIPS), or visit
our website at www.crimestoppersniagara.com, and click the link to report the information.
If you report the information by telephone, you will speak with one of our Agents at our call centre. That
agent will never ask for your name, or for any information that could lead to the discovering of your identity.
The agent will record a very detailed description of your tip only. You will then be given a special code by
that Agent. This code is generated by our tip recording software. You must keep this code in a safe place for
future reference. This is the only link between yourself and the tip provided.
Your tip will then be forwarded by the Agent to the Police, who will thoroughly investigate the tip.
Similarly, if you report your tip through our website, simply by clicking on the link to report the tip, you will be
re-directed to a secure website designated for the sole purpose of accepting tips.
Once you are directed to the p3tips.com website, you will then be able to enter all of the information
pertaining to the tip, just as you would if you were to submit the tip by telephone. In keeping with our
guarantee to you, nowhere on this website are questions that could lead to the discovering of your identity .
At the end of submitting your tip online, you will be given a special code. You must keep this code in a safe
place for future reference. This is the only link between yourself and the tip provided.
After a few weeks of reporting your tip, call the Tip Line back, or re-connect through the p3tips.com website
for a status update.
If your tip has led to the crime being solved, you will be instructed to visit a specific bank, at which time you
will provide the Teller with the code that you received when you submitted your tip. You will then receive your
reward.
SAY IT HERE
Page 350 of 544
OUR IMPACT
*Please note, these statistics represent an approximate amount at the time of
print in 2022.
Community engagement and public campaigns.
How has Niagara Regions investment helped our Regions
community and residence?
Education & Engagement
• Elder Abuse Awareness
• Human Trafficking Awareness
• Illegal Dumping Awareness
• Fight for Youth campaign
• Online Shopping campaign
• Be Aware take care booklet campaign
• 1700 Booklets sent out in relation
Crime Stoppers of Niagara plans for the coming year to try
and help our community on Human Trafficking awareness
and education.
o Create a Niagara based human trafficking awareness
campaign.
o Signage in Niagara Region with statistics and information
on how to identify Human Trafficking and respond
appropriately.
Page 351 of 544
1
Heather Ruzylo
To:Pete Bombaci
Subject:RE: [EXTERNAL]-Here is your opportunity to be part of building a more connected
Canada.
From: Pete Bombaci <pete@genwellproject.org>
Sent: Friday, November 10, 2023 11:10 AM
To: Carey Campbell <ccampbell@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca>
Cc: Tatjana Jaluvka <tjaluvka@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo
<hruzylo@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca>; Sara Valentine <Sara@genwellproject.org>; Jamie
<jamie@genwellproject.org>
Subject: RE: [EXTERNAL]-Here is your opportunity to be part of building a more connected Canada.
Carey, thank you to you, Mayor Diodati, and the rest of the team for engaging in our efforts to build a more connected
Canada where everyone can thrive!! This isn’t the first time you have embraced our movement, and we are grateful for
your support!
We will be giving your beautiful city a shout-out over the coming week to inspire other true community leaders to step
up and be part of Canada’s Human Connection Movement!
Stay connected,
Pete
Pete Bombaci
Founder/ExecuƟve Director
Help build a more connected Canada by supporƟng The GenWell Project - Donate
Sign up for The GenWell Project monthly newsleƩer - here
Catch the latest video highlighƟng our effort to build a connected Canada - here
Do you talk to strangers? Stay tuned for a new campaign from The GenWell Project
This email is intended solely for the person or entity to which it is addressed and may contain confidential and/or privileged
information and may not otherwise be distributed, copied or disclosed. If you receive this email in error, please contact the
sender immediately and permanently delete the transmission from your computer. Thank you for your assistance.
From: Carey Campbell <ccampbell@niagarafalls.ca>
Sent: Friday, November 10, 2023 9:41 AM
To: Pete Bombaci <pete@genwellproject.org>; Jim Diodati <jdiodati@niagarafalls.ca>
Cc: Tatjana Jaluvka <tjaluvka@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo
<hruzylo@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca>
Subject: RE: [EXTERNAL]-Here is your opportunity to be part of building a more connected Canada.
Page 352 of 544
2
Dear Pete:
Thank you for your email to Mayor Diodati. To follow up on your request for a proclamation I
am including our Clerk’s Department staff so this can come before City Council.
As far as sharing on social media, Tatjana in our office is keyed in so she can help promote
your initiative and share links to more information.
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: The GenWell Project <pete@genwellproject.org>
Sent: Thursday, November 9, 2023 3:35 PM
To: Jim Diodati <jdiodati@niagarafalls.ca>
Subject: [EXTERNAL]-Here is your opportunity to be part of building a more connected Canada.
Support Canada’s Human Connection Movement by sharing the Talk To A Stranger Week campaign with your community!
Dear Mayor Diodati,
Page 353 of 544
3
I hope this letter finds you in good health and high spirits.
I am writing to appeal for your support and endorsement of Talk To A
Stranger Week, which is scheduled to take place from November 20th to
November 26th in Canada.
This initiative aims to break down the barriers of fear and anxiety that have been
built up over the decades around talking to strangers.
As our society becomes increasingly interconnected and yet more isolated, it is
essential to address the pervasive fear and apprehension that often surrounds
interactions with unfamiliar individuals.
Talk To A Stranger Week seeks to educate people about the numerous benefits of
engaging with strangers, with a focus on presenting the latest research that
highlights the overwhelmingly positive nature of such encounters.
Research has shown that those who speak to strangers are 3x happier than
those who don’t speak to strangers and that over 90% of the time, both
individuals involved in these conversations have a positive experience.
Page 354 of 544
4
Furthermore, we tend to underestimate the genuine interest that people have in
connecting with one another.
By supporting this initiative, you can play a crucial role in promoting unity,
empathy, and community cohesion at a time when our country and the world
need it more than ever.
You can learn more about the initiative below:
Check out our Talk To A Stranger Week website
A French version of our website is available here.
Encouraging open and friendly interactions between residents will not only
alleviate the loneliness and isolation many individuals feel but also foster a sense
of togetherness, belonging, and connection that will improve the well-being of our
communities.
Page 355 of 544
5
Your endorsement of Talk To A Stranger Week would greatly contribute to its
success and help us to reach a wider audience.
This initiative has the potential to create a positive ripple effect in our
society, promoting understanding, compassion, and connection among
Canadians.
I kindly request that you consider formally supporting Talk To A Stranger
Week by doing one or more of the following:
Issuing an official proclamation or statement endorsing the initiative. This
gesture would go a long way in encouraging participation and raising
awareness about the power of human connection to build a more
connected Canada.
Share our social media posts about the campaign from The GenWell
Project’s social media channels which you can find here: Instagram,
Twitter, Facebook, LinkedIn.
Share your own social media support for the movement.
Take action yourself, along with other leaders in your community. Social
connection and social health cannot be achieved alone and your efforts are
part of building the more connected Canada where everyone thrives.
Page 356 of 544
6
Here is our Talk To A Stranger Week Guide for your use
If you have any questions or would like to discuss this appeal further, please do
not hesitate to reach out to me at Pete@GenWellProject.org or 416-806-1095.
I am more than willing to provide any additional information or assistance required
to make this initiative a success.
Thank you for your attention and consideration of this appeal.
I look forward to the possibility of working together to make Talk To A
Stranger Week a truly transformative event for your community and all
Canadians.
Sincerely,
Pete Bombaci
Founder, Executive Director
The GenWell Project – Canada’s Human Connection Movement
Page 357 of 544
7
P.S. Check out our Human Connection Movement video here
The GenWell Project, 1039 Spadina Road, Toronto, Ontario
Unsubscribe Manage preferences
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 358 of 544
1
Heather Ruzylo
To:Clerk
Subject:RE: Report No. FA-37-23 RE: Water Quality Monitoring Program Summary Report for
the Year 2022
From: Gina Shaule <gshaule@npca.ca>
Sent: Thursday, October 12, 2023 11:34 AM
Subject: Report No. FA-37-23 RE: Water Quality Monitoring Program Summary Report for the Year 2022
Good afternoon,
Please be advised that at the September 15, 2023 meeting, the Board of Directors of the Niagara Peninsula
Conservation Authority adopted the following Resolution No.91-2023:
THAT Report No. FA 37-23 RE: Water Quality Monitoring Program Summary Report for the Year 2022
BE RECEIVED
THAT the acƟons highlighted in the report to inform municipaliƟes, stakeholders, and the public about
the report findings and best pracƟces to improve local water quality BE IMPLEMENTED.
AND FURTHER THAT a copy of this report BE CIRCULATED to municipaliƟes, Ministry of Natural
Resources and Forestry (MNRF), Ministry of the Environment and Parks (MECP) and the Federal
Ministry of Environment and Climate Change Canada (ECCC).
Accordingly, please find the subject report: here
Please let me know if you have any questions or concerns in respect of this matter.
Kindly,
Gina
Gina Shaule
Administrative Assistant,Corporate Administration
Niagara Peninsula Conservation Authority (NPCA)
250 Thorold Road West, 3rd Floor | Welland, ON L3C 3W2
905.788.3135 | ext.254
www.npca.ca
gshaule@npca.ca
The information contained in this communication, including any attachment(s), may be confidential, is intended only for
the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby
notified that any disclosure of this communication, or any of its contents, is prohibited. If you have received this
Page 359 of 544
2
communication in error, please notify the sender and permanently delete the original and any copy from your computer
system. Thank-you. Niagara Peninsula Conservation Authority.
Page 360 of 544
EDWARD T. MCDERMOTT
Integrity Commissioner
City of Niagara Falls
integrity@adr.ca
October 23, 2023
Sent by email to:
Bill Matson, City Clerk
Clerk’s Office
City of Niagara Falls
4310 Queen Street, Niagara Falls
ON L2E 6X5
billmatson@niagarafalls.ca
Re: City of Niagara Falls Integrity Commissi oner Annual Report April 9, 2022- April 8,
2023 - IC- 24264-0523
Dear Mr. Matson:
Thank you for the opportunity to act as Integrity Commissioner (or “IC”) for the City of
Niagara Falls over the past year. In accordance with the terms of the Agreement between the
City and ADR Chambers, pursuant to s. 223.6 (1) of the Municipal Act 2001, (“MA”) we are
providing our Annual Report for the fourth operating period of the agreement covering the
period April 9, 2022 - April 8, 2023.
As you know, the IC’s role is to help Members of Council (“Members”) ensure that they are
performing their functions in accordance with the City’s Code of Conduct (the “Code”) and the
Municipal Conflict of Interest Act (“MCIA”). The Integrity Commissioner is available to
educate and provide advice to Members on matters governing their ethical behavior and
compliance with the Code in accordance with the provisions of the MA, the MCIA and the
Code. The Integrity Commissioner is also responsible for receiving, assessing, and investigating
appropriate complaints made by Council, Members, and members of the public respecting
alleged breaches of the Code (and now the ("MCIA") by Members.
Page 361 of 544
2
Activities of Integrity Commissioner during Year under Review
The fourth year of our service to the City was, once again, a very active one as we undertook a
number of significant matters within my jurisdiction and mandate as established by Council,
the Municipal Act and the MCIA.
As required by the Municipal Act and the Code, we provided full written responses to
Requests for Advice from Members of Council seeking advice with respect to their involvement
in a variety of fact scenarios which were presented to us. We were also engaged in responding
to a number of inquiries submitted by a resident of the City and an Ombudsman inquiry.
In addition, a significant amount of time was consumed in investigating and repor ting to
Council on a number of separate Complaints commenced against different Councillors by
members of the public and Council itself as a whole. The results of the investigations into these
matters were the subject of full reports to Council and, where required, a recommended penalty
for any contraventions which were found to have occurred.
We also provided advice and assistance with respect to certain issues which arose in connection
with the 2019 amendments to the MA and, in November 2022, convened a fulsome education
session (in person) for all Members of Council on the Code of Conduct and role of the Integrity
Commissioner.
Costs
The total costs incurred by the City during the period under review for the investigation and
adjudication process as well as the responses to Requests for Advice and advice in connection
with amendments to the Code as well as an education seminar amounted to $60,790.00 plus
HST.
While this amount was somewhat less than the previous two years, ($97,595.00 and $79,437.51
respectively) it was still significant and it should also be remembered that 2022 being an election
year, there was a statutory moratorium on the filing of Complaints under the Code for almost 4
months. It also does not include any charges for work in process during the year under review
which had not been completed or billed. As Council is aware, there were a number of such
matters which fell within this category and which will fall within our next Annual Report.
Issues to be Considered Going Forward
As a result of our experience during the past year and continuing into this year, I offer the
following comments:
• Pursuant to our earlier suggestions, we were able to schedule an in person education
seminar for all Members of Council and senior staff in November 2022 which I believe
Page 362 of 544
3
was of considerable benefit to all who participated in that process. I would respectfully
suggest that this exercise should be repeated at least one more time during this term of
Council as we all attempt to configure and enforce the City’s Code of Conduct at a
reasonable cost to the City.
• It is also my view that certain provisions of the Code still need to be reviewed and
perhaps updated in order to provide a more fulsome and accurate response to the
requirements of the provisions of the Municipal Act and the MCIA in light of the
requirements of Bill 68 which is now in force. The Code is a living document and should
be reviewed at periodic intervals to make sure it adequately meets the needs of the City,
its Members of Council and its Residents.
• Insofar as cost is concerned, it is to be noted that there has been a decline over the last
two years in what has been a significant annual amount. Hopefully this trend will
continue although I would advise that there have been several matters arise during the
current year which have already resulted in significant expenditures. Council should
accordingly continue to make reasonable budgetary provisions for this matter (in line
with past experience) the actual cost of which is unpredictable in any given y ear.
Summary
It has been a pleasure to assist the City and its Members in contending with the numerous
issues which have arisen in connection with the administration of its Code of Conduct and the
MCIA in the past year.
Yours very truly,
Edward T. McDermott
Integrity Commissioner, City of Niagara Falls
Page 363 of 544
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
October 23, 2023
CL 14-2023, October 19, 2023
PEDC 10-2023, October 11, 2023
PDS 30-2023, October 11, 2023
LOCAL AREA MUNICIPALITIES
SENT ELECTRONICALLY
Areas of Strategic Focus for Shared Services
PDS 30-2023
Regional Council, at its meeting held on October 19, 2023, passed the following
recommendation of its Planning and Economic Development Committee:
That Report PDS 30-2023, dated October 11, 2023, respecting Areas of Strategic
Focus for Shared Services, BE RECEIVED and BE CIRCULATED to Local Area
Municipalities for information.
A copy of PDS 30-2023 is enclosed for your reference.
Yours truly,
Ann-Marie Norio
Regional Clerk
js
CLK-C 2023-122
cc:
M.Robinson, Director, Strategic Transformation Office
M.Sergi, Commissioner, Growth, Strategy and Economic Development
N.Oakes, Executive Assistant to the Commissioner, Growth, Strategy and Economic
Development
Page 364 of 544
PDS 30-2023
October 11, 2023
Page 1
Subject: Areas of Strategic Focus for Shared Services
Report to: Planning and Economic Development Committee
Report date: Wednesday, October 11, 2023
Recommendations
1. That Report PDS 30-2023 BE RECEIVED for information; and
2. That this report BE CIRCULATED to Local Area Municipalities for information.
Key Facts
• The purpose of this report is to provide an update on the initial key areas of focus of
the newly created Strategic Transformation Office, related to support of the Area
Chief Administrative Officers (CAOs) Shared Services Working Group.
• Initial timelines for the first phases of shared services activities are included,
considering recent provincial announcements and advocacy efforts.
• Significant successes in shared services have been achieved to date involving
every Niagara municipality and will continue under the guidance of the Area CAOs.
• Although a long list of shared service opportunities exist (see Appendix 1), focusing
on supporting provincial objectives of more efficient government and building more
homes faster remain primary factors in identifying the initial set of focus projects.
Financial Considerations
All costs associated with supporting, executing or implementing any new shared service
initiatives recommended by the CAO Working Group which require Niagara Region
investments or interventions would be the subject of subsequent reports to Council if
undertaken outside of identified operating budgets – specifically that of the Strategic
Transformation Office.
Staff continue to monitor federal and provincial grant opportunities as a possible offset
for the exploration and execution of new, high impact or high complexity shared
services initiatives. For example, the Region’s pre-budget advocacy to the province,
Page 365 of 544
PDS 30-2023
October 11, 2023
Page 2
______________________________________________________________________
along with recent efforts at the Association of Municipalities of Ontario (AMO)
conference, includes a request that the Ministry of Municipal Affairs and Housing
reintroduce and expand the Municipal Modernization Program so that it applies to
regional governments and two-tier shared services arrangements.
In some cases, contributions from specific municipalities to undertake work that
exclusively affects them may also be considered, much like the shared commitment to
resource a dedicated Project Lead to support the shared services initiatives referenced
herein and previously approved in CAO 2-2021.
Analysis
Background
In March 2023, the Strategic Transformation Office (the Office) was established under
the new Growth, Strategy and Economic Development Department, to provide the
Corporation with dedicated staff who will operate as a project office to deliver on large
scale, key Regional Council and corporate strategic transformational priority objectives.
These objectives are defined as having widespread impact to the community and
generally require a great deal of engagement and support from Niagara municipalities,
as well as various other levels of government. The focus of the Office is to work on
projects that change how Niagara Region operates and conducts business, so that
services are delivered to residents in the most efficient manner possible.
One of the key priority areas of focus for the Office is assisting with identifying,
coordinating, facilitating, and/or enabling more shared services opportunities between
and among Niagara’s municipalities, using dedicated staff and resources. With
Niagara’s CAOs having established a Shared Services Working Group dating back to
pre-pandemic efforts, the new Office will act as a support to identify opportunities to
work with them to drive results between parties. As referenced in report PDS 10-2023
and further examined below, some of this work may include projects or partners that do
not include Niagara Region or are limited to only a few municipalities for a variety of
reasons, further demonstrating that shared services are being prioritized across all
municipal partners, in addition to any which may involve both the Region and
municipalities together. A significant number of successful shared services
arrangements have been achieved over the years, led by Niagara’s CAOs and
municipal senior staff efforts, employing a combination of arrangements ranging from
formal to informal.
Page 366 of 544
PDS 30-2023
October 11, 2023
Page 3
______________________________________________________________________
Successes
Niagara’s CAOs have been pursuing shared services – both in terms of shared services
amongst area municipalities (i.e., libraries, fire services), as well as between the Region
and municipalities (i.e., transit, financial management software) – to make services
more seamless and cost-effective, and processes more efficient for residents and
business. Previous studies by KPMG and StrategyCorp dating back to recent pre-
pandemic initiatives identified numerous additional opportunities with potential for
shared service arrangements, which are further documented in reports brought to
Regional Council and referenced in Appendix 1.
Shared services can be defined in a number of ways, the categories of which have been
examined in prior reports to Council (see CAO 2-2021, CAO 2-2023) and cover formal
initiatives like fee-for-services secured under Service Level Agreements, consolidation
of services into a single delivery or governance regime, or Niagara Region and
municipally led procurements where ‘piggyback’ clauses are secured to allow for
additional partners to join; to more informal types of shared services like mutual aid-type
business continuity arrangements between smaller municipalities, collaborative
Communities of Practice to share knowledge and best practices, and include more
visible public collaborations on coordination of advocacy and relationships with upper
orders of government on large projects involving multiple municipalities. Shared service
examples encompass both front-of-house, resident-facing services (e.g., fire services,
transit) and back-of-house, administrative services (e.g., financial management
software, joint compliance audits).
To the credit of many Area Municipalities, a variety of shared services varying in scope,
complexity, financial and operational savings, have already been actioned from shared
fire service pilots, mergers of libraries, amalgamation of transit, and coordination of
animal control services among many others. Although not an exhaustive list, the
following are some examples of some of Niagara’s shared services successes to date.
Integrated Transit
Recognizing the need for better coordination of service planning, connectivity to the GO
Transit network, more consistent service for riders, better longer-term resourcing, and
an equitable funding model to enable growth of the system to service all 12
municipalities, a new transit system for Niagara was launched in January 2023. Prior to
the amalgamation, transit had been delivered separately and independently at both the
Page 367 of 544
PDS 30-2023
October 11, 2023
Page 4
______________________________________________________________________
regional and local levels by more than five separate municipalities operating under ten
distinct brands. Now operating as Niagara Region Transit, transit has been integrated
into a single organization that now operates public transit across Niagara, as an arms-
length entity of Niagara Region, serving all 12 municipalities.
Coordinated Financial Management Software
A number of municipalities have financial systems that have exceeded their lifespans
and must be replaced. With differing sizes, scope and needs, two models have been
identified for this work – a larger system wherein partners share the Region’s provider
and utilize the Region as backend support; and a smaller scale system wherein
municipal partners have procured the same system vendor and share troubleshooting,
software administration and staff resourcing.
In June 2022, Regional Council endorsed a staff proposal to share its financial
management system with the City of St. Catharines, complete with an implementation
workplan, project agreement, and a shared service agreement, so that Niagara Region
would become St. Catharines’ financial management software and support provider.
This work is underway and is projected to launch in 2024. Alternatively, multiple
municipalities have undertaken a joint procurement to acquire Diamond software to
create better buying power, shared resources, and appropriate cost containment for the
financial needs of their municipalities.
Shared Fire Service Pilot
In October 2021, the municipalities of Grimsby and Lincoln entered into a shared fire
service pilot, establishing the Niagara West Fire and Emergency Services to serve the
two neighbouring communities. A single fire department was created and a Joint
Advisory Committee consisting of members of Council from both municipalities was
established to oversee and provide governance to the service area. A Fire Master Plan
was carried out through a third party. The pilot received national recognition in 2022
when it was presented with the Collaboration Award of Excellence from the Canadian
Association of Municipal Administrators.
Merged Library Services
In April 2022, Lincoln and Pelham successfully merged their library systems. Building
upon initial successes with collective purchasing and reciprocal borrowing agreements,
the municipalities now share services, programs, and staff. This has improved service
Page 368 of 544
PDS 30-2023
October 11, 2023
Page 5
______________________________________________________________________
delivery through resource sharing, reduced duplication of roles, and enabled increased
allocations to front-line staffing and social programs.
Joint Procurement for Animal Care and Control Services
In 2021, the Towns of Grimsby and Niagara-on-the-Lake released a joint Request for
Purchase (RFP) for animal care and control services. By doing so, both municipalities
were able to maximize economies of scale and streamline services, resulting in 40
percent savings. Other municipalities have indicated an interest in participating in the
coordinated animal care and control service through a piggy-back clause once their
existing contracts expire.
Municipal Elections and Municipal Act Legislation
In the last few municipal elections, including the 2022 municipal election, all Area
Municipalities and the Public and Catholic school boards, have partnered in a Joint
Election Compliance Audit Committee to gain efficiencies establishing Election
Compliance Audit Committees as required under the Municipal Elections Act. This
partnership allowed every municipality and the school boards access to one committee
for this function as opposed to each being required to set up their own. There was also
a joint RFPQ to secure an auditing firm in the event any compliance audit applications
were granted and subject to an audit, preventing the need for a municipality who
required an Auditor to seek one themselves.
A partnership was also formed to provide communication to the municipal and school
board elections. “Niagara Votes” was a website set up as a “one stop shop” for all
Niagara residents to access information for the 2022 municipal election and was in
place for the 2018 election as well. Sharing these resources allowed all municipalities to
expand the reach of their prescribed notices and engagement efforts, ensuring a
unified, consistent approach to key messaging.
Additionally, a number of municipalities participated in a joint RFP to procure an
electronic voting system. This minimized duplication of efforts, increased services at a
reduced rate and ensured consistent customer service delivery across the participating
municipalities. Niagara’s Area Clerks will be exploring this initiative further in the ramp-
up to the next municipal election.
Niagara Region has also shared services with respect to obligations under the
Municipal Act with regard to accountability and transparency. The Region’s RFPs for
Page 369 of 544
PDS 30-2023
October 11, 2023
Page 6
______________________________________________________________________
both Integrity Commissioner Services and Lobbyist Registrar Services included
provisions allowing municipalities to secure their own contracts with the Region’s
provider at the rate the Region pays for these services. This approach has provided an
opportunity for area municipalities to secure these services without needing to go
through a lengthy RFP process.
Shared Planning Services
With the passing of Bill 23 and the impending removal of Niagara Region as a
municipality with planning authority, there will be a change in how planning services will
be delivered in Niagara once a proclamation date is announced. In anticipation of this
change, the CAOs and Planning Directors across Niagara’s municipalities interested in
developing a new model have come together to create a planning service agreement
that supports the changes to provincial legislation and will assist municipalities in
delivering planning services in a timely manner and ultimately lead to increasing
Niagara’s housing supply. Due to scale and budget constraints, not every municipality
can hire the dedicated resources for some of the planning review functions, nor perhaps
has the need for a full-time expert resource in some area of the planning review
responsibilities. As a result, a planning service agreement has been tailored to each
participating municipality to ensure they are equipped to undertake these additional
planning responsibilities when proclamation occurs.
Having the ability to purchase a wide array of planning services from Niagara Region
means the net new amount of planning support needed to ensure a smooth transition is
minimized and is much more efficient and cost effective. Niagara has developed an
innovative response to this change in planning authority, one that is flexible and optimal
for service delivery for the specific context of Niagara and was achievable based on a
long history of clearly defined responsibilities and delegating planning approvals to local
area municipalities. Over the next few months participating municipalities are bringing
reports seeking endorsement from their respective Councils.
IT Services
IT Solutions at Niagara Region continues to provide both formal and ad hoc shared
services to both local area municipalities and the general broader public sector in
Niagara. Specifically, Niagara Region IT Solutions provides Data Center Hosting
services, GIS Web Map Hosting, and 911 Data services for several municipalities.
Additionally, there have been shared procurements for software and services for all
Page 370 of 544
PDS 30-2023
October 11, 2023
Page 7
______________________________________________________________________
municipalities (e.g., ESRI Enterprise Agreement, Arial Photography). Other examples of
shared services in IT include Niagara Region hosting and managing Time and
Attendance software for St. Catharines and is in the process of implementing a hosted
PeopleSoft ERP solution for St. Catharines. Niagara Region also provides ad hoc staff
augmentation (technical, leadership and advisory) to municipal partners to help address
both short and long-term challenges.
These highlighted projects are examples of the ways that Niagara’s municipalities are
innovating and sharing resources and services to streamline the work delivered for
business, residents, and visitors. Several are pilot projects which have proven
successful and will become permanent partnerships going forward. Some, like transit,
are completed projects, while other initiatives can expand to include more municipalities
within new, successful shared service arrangements.
However, to continue to make further strides and deliver on the mandate to share more
services, dedicated and focused resources are required to be able to implement
additional targeted opportunities. At the Area CAO meeting held June 9, a number of
municipalities identified continued pursuit of shared service opportunities as being
prominent in their respective Council Strategic Plans; ensuring a renewed and
sustained commitment to not only update the existing shared services initiatives
workplan with current status of the existing projects (i.e. pilots, contracts, limited
arrangements) but more strategically, to also determine which of those have been
successful, can be extended or expanded, and in turn focus effort on what new
initiatives will come next with the support of the new Office.
As a result of ongoing engagement with the Area CAOs, several priority projects rise to
importance based on two key objectives, shared between the Province, Area
Municipalities and Regional Council alike: achieving efficiency and effectiveness,
including taxpayer affordability; and increasing housing opportunities capacity to get
more homes to be built as quickly as possible. Larger projects will focus on
improvements to systems and processes that will have a direct impact on delivering
more homes, while less complex initiatives which affect more back-of-house
administration, will focus on more efficient government services and adding capacity.
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Next Steps
Appendix 1 identifies a long list of opportunities derived from multiple sources including
the 2020 KPMG Sustainability Review, the StrategyCorp report commissioned by the
Area CAOs (referenced in CAO 2-2021) and most recently, identified priorities of the
Area CAO Working Group. To focus efforts, align with provincial priorities and work
collaboratively with all partners, specific projects have been identified as being able to
have high impact, high likelihood of success, and impacting these provincial objectives
of efficiency of government and increasing housing supply. As previously mentioned,
not all municipalities may be appropriate for each of these initiatives and in many
instances, could simply result in a few municipalities working together on a service, in
addition to larger Niagara-wide projects like a single tier water/wastewater model.
It is important to note that in the effort to identify and advance a service, process or
program through a lens of potential for sharing in its resourcing or delivery between
parties, some services may prove to have factors which do not enable it to proceed. In
identifying shared service opportunities to explore, the CAO Working Group is not
committing these projects to decision or implementation, but rather identifying the
opportunities to initiate and proceed to the business case phase through further
research, sensitivity analysis and/or process review. Some projects (and any
subsequent changes) are entirely within staff’s administrative delegated authority and
can proceed (or not) on a case-by-case (or municipality-by-municipality) basis. Others
may require Council or even provincial intervention to proceed. To be clear – a project
identified as an opportunity to review, research and/or mobilize staff to explore further
does not indicate a decision has in any way been made to take a position in any
direction nor enact any specific changes; rather it signals that work is being undertaken
to explore if opportunities to enact change may or may not exist based on the current
status quo.
Based on the two shared provincial objectives of more efficient and effective
government and increasing housing supply, the first initiative identified by the Area
CAOs to explore is a coordinated building services model across the region. This
examination would encompass improved building permit and inspection processes,
thereby directly addressing the efficiency of municipal government in increasing the
housing supply more expeditiously. Other more Niagara-specific benefits to this work
will be examining how shared resources could also address an important area of
concern as it relates to business continuity and reduced inter-municipal competition for
the same labour pool, expertise and skills which is a critical concern for some CAOs.
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In September 2021, the Region facilitated a kickoff meeting with the Area CAOs and
Chief Building Officials (CBOs) to examine delivery of building services functions for
interested municipalities with local capacity to carry out building inspections. The
objective was to address recruitment challenges for specialized CBO positions, where
limited individuals with specific skills move to other municipalities creating vacancies
and in turn create significant staffing pressures on those left without any capacity; to
maximize opportunities for resource sharing and workflow; to improve access to a wider
array of qualified inspectors; and to provide access to resources for surge capacity
where needed to assist neighbouring municipalities.
In support of these efforts, CBOs sought external legal advice and subject matter
experts to assess the governance models that can be pursued in accordance with the
Building Code Act and Municipal Act, and to determine business model options that
would support equal or improved customer service levels. In September 2022,
Niagara’s CAOs endorsed moving forward with this preliminary work, although progress
had halted. In keeping with direction provided by the Area CAOs in recent meetings, the
Strategic Transformation Office will immediately pick up where prior efforts paused.
Maximizing resources and workflow while being able to provide for surge capacity
demand will all contribute to efficiency and effectiveness of Niagara’s building
inspections and will also help to create consistency in building inspection processes
across the region. Additionally, achieving efficiency in the building inspection process
will help to build homes and employment faster.
It is also worth noting that delivery of water and wastewater services in a consolidated
model has also been identified as a critical way in which Niagara could advance the
provincial objective of building more homes faster and increasing housing supply.
Although a critical underpinning of the support infrastructure needed to enact more
homes, it is also recognized that three prior attempts to proactively pursue a single tier
water/wastewater model have not resulted in success. This service is one example of
where provincial intervention could assist through legislation to support any movement
toward a consolidated model.
In keeping with the objective of efficiency and effectiveness of municipal services,
particularly with an eye toward ensuring best value for taxpayers, Area CAOs have
identified other significant projects to pursue including a review of road maintenance
services, opportunities for joint procurement process and policy governance, and
expanding on joint procurement of even more goods and services.
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Page 10
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Smaller, less complex projects that will improve administrative effectiveness and
efficiency have been classified as ‘policy alignment’ projects. These projects will involve
several or few municipalities depending on need and be in more of an opt-in/ opt-out
scenario. The projects are also relatively smaller in scope and scale and will be
completed much more quickly. With a long list of opportunities, once one is completed
the next one will be initiated. Policy alignment projects include opportunities where
municipalities have identified gaps in resources, capacity, and/or establishing policy
baselines or policy revisions for example. Those at or near the top of the list of policy
alignment opportunities include IT policies, including increased cybersecurity defence
(depending on scope this may rise to the more complex category); climate change;
accessibility compliance; diversity, equity and inclusion; crime prevention through
environmental design; corporate communications; human resources; and health and
safety. These opportunities range from required to discretionary and do not affect every
municipality equally hence smaller groups looking at these policy alignments.
Lastly, it is important to note that no outcomes, models of delivery, or specific municipal
participation has been committed to at this time. The above are the identified list of
priorities for the next steps in work on shared services, with building services alignment
and road maintenance services being the two most critical and impactful projects to be
explored. Policy changes, while equally important but less tangible for the public, will be
undertaken systematically and based on consensus and need, invoking participation
from relevant municipalities on a case-by-case basis.
In terms of timing, the CAO Working Group has been meeting regularly and are
committed to advancing the identified priorities immediately. The Strategic
Transformation Office, in partnership with Area CAOs, will commence work on laying
out the workplans for various initiatives and resourcing required for each. Recent AMO
delegations have secured follow up with the Ministry of Red Tape Reduction, who were
not only interested in Niagara’s efforts to pursue further shared services to support
provincial objectives but were also keen to understand Niagara’s specific efforts to
advance these in a meaningful way. Additionally, with the provincial government
initiating its governance structure and service delivery review via legislative committee,
the timing of efforts to continue with additional shared services initiatives could not be
more appropriate or relevant.
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Alternatives Reviewed
Regional Council has identified a more Effective Region as a core Strategic Priority,
including specific deliverables related to identifying, advancing and implementing
shared services. Creating dedicated resources via the Strategic Transformation Office
to support the Area CAOs who have identified numerous areas of focus for the path
ahead on exploring more shared service opportunities, will allow for measured success
in meeting shared Niagara and provincial objectives for more effective government and
increasing housing supply.
As an alternative, other priorities could certainly be identified for exploration; however,
having buy-in from Niagara’s CAOs on the focused priority projects allows for a
coordinated, engaged and collaborative path forward wherein each can bring
information to their respective Councils as needed or as appropriate, assign senior staff
or subject matter experts to support the work, or to positively lead the contributions on
behalf of their municipality. The list of identified priorities is long, and the CAO Working
Group has attempted to narrow that for results. It is not a static list, nor will it be
exhaustive. As projects are initiated and explored, new and emerging ones will take
their places as the Area CAOs continue to work through these opportunities and seek
ways to meet their common objectives.
Relationship to Council Strategic Priorities
The proposed shared services work is directly related to Council’s Strategic Priority of
an Effective Region and advances Objective 1.1 “Implement continuous improvement
and modernized processes to ensure value-for-money in regional services and
programs”; and Objective 1.2 “Explore and implement opportunities to improve service
delivery outcomes through shared services”.
The continued pursuit of shared service opportunities to transform service delivery also
advances the Guiding Principles of fiscal responsibility; innovation; sustainability;
partnerships; and transparency and accountability.
Page 375 of 544
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October 11, 2023
Page 12
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Other Pertinent Reports
PDS 10-2023 Strategic Transformation Office – Overview and Priorities
CAO 2-2023 Update on Shared Services Initiatives
CAO 2-2021 Update on Shared Services Initiatives by the CAO Working Group
________________________________
Prepared by:
Matt Robinson
Director, Strategic Transformation Office
Growth, Strategy and Economic
Development
_____________________________
Recommended by:
Michelle Sergi, MCIP, RPP
Commissioner
Growth, Strategy and Economic
Development
________________________________
Submitted by:
Ron Tripp, P.Eng.
Chief Administrative Officer
This report was prepared in extensive partnership with and reviewed by the Area CAO
Shared Services Working Group comprising all 13 CAOs; Dan Carnegie – Acting
Commissioner, Public Works; Todd Harrison – Commissioner, Corporate Services and
Treasurer; Frank Tassone – Director, Transportation Services; Donna Gibbs – Director,
Legal and Court Services; and Helen Furtado – Director, Financial Management and
Planning and Deputy Treasurer; with additional contributions from Ann-Marie Norio –
Regional Clerk; Stuart Hendrie – Chief Information Officer; and Cheryl Selig – Strategic
Initiatives Manager, Strategic Transformation Office.
Appendices
Appendix 1 Shared Services Opportunities
Page 376 of 544
Appendix 1
PDS 30-2023
Shared Services Opportunities
Fire Services Legal Services Accessibility Compliance
Financial Systems Joint Procurement Integrity Commissioner
Coordinated Building
Services
Financial Management
Software
Animal Control
Merged Library Services Joint Insurance Asset Management
Communities of Practice
Single Tier
Water/Wastewater
Fire Administration Municipal E-Voting
Drainage Inspection Climate Change Policy Public Works Yards
Emergency Management
Officer
Cemeteries Internal Audit
Roads Service Delivery
and Maintenance
Infrastructure Servicing Cybersecurity policy
Corporate and Public
Communications
Livestream services Diversity, Equity and
Inclusion
Crime Prevention Through
Environmental Design
Facilities Management Physician Recruitment
HR Policy Alignment -
Process
Policy Fundamentals
(i.e., Health and
Safety)
Page 377 of 544
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
October 23, 2023
CL 14-2023, October 19, 2023
PEDC 10-2023, October 11, 2023
PDS 33-2023, October 11, 2023
Clerk, City of Niagara Falls
Niagara Peninsula Conservation Authority
SENT ELECTRONICALLY
Statutory Public Meeting for a Regional Official Plan Amendment Application (Proposed
Uppers Quarry, City of Niagara Falls)
PDS 33-2023
Regional Council, at its meeting held on October 19, 2023, passed the following
recommendation of its Planning and Economic Development Committee:
That Report PDS 33-2023, dated October 11, 2023, respecting Statutory Public
Meeting for a Regional Official Plan Amendment Application (Proposed Uppers Quarry,
City of Niagara Falls), BE RECEIVED and the following recommendations BE
APPROVED:
1.That this Report BE RECEIVED for information; and
2.That this Report BE CIRCULATED to the City of Niagara Falls and the Niagara
Peninsula Conservation Authority.
A copy of PDS 33-2023 is enclosed for your reference.
Yours truly,
Ann-Marie Norio
Regional Clerk
js
CLK-C 2023-121
cc:
S.Norman, Senior Planner
M. Sergi, Commissioner, Growth, Strategy and Economic Development
N. Oakes, Executive Assistant to the Commissioner, Growth, Strategy and Economic
Development
Page 378 of 544
PDS 33-2023
October 11, 2023
Page 1
Subject: Statutory Public Meeting for a Regional Official Plan Amendment
Application (Proposed Uppers Quarry, City of Niagara Falls)
Report to: Planning and Economic Development Committee
Report date: Wednesday, October 11, 2023
Recommendations
1. That this Report BE RECEIVED for information; and
2. That this Report BE CIRCULATED to the City of Niagara Falls and the Niagara
Peninsula Conservation Authority.
Key Facts
• The purpose of this report is to provide information for a Regional Official Plan
Amendment (ROPA) application Statutory Public Meeting, which is being held in
accordance with the prescribed requirements of Section 17 of the Planning Act.
• The purpose of the statutory meeting is to receive comments from the public with
respect to the ROPA application submitted by Walkers Aggregate Inc. for a
proposed quarry (Uppers Quarry) in the City of Niagara Falls. Staff are not making a
recommendation, and no decision or approvals are sought from Council at this time.
• In addition to the ROPA, applications have also been submitted to amend the City of
Niagara Falls Official Plan and Zoning By-Law. These applications are being
reviewed concurrently.
• This Statutory Public Meeting was advertised by posting notices on the subject
lands, mailing notice to residents within 240 metres of the subject lands, e-mailing
notice to agencies and utilities and to those who had submitted comments or
expressed an interest in being notified. In addition, notice was placed in local
newspapers, and posted on the Region’s website and social media pages.
• The City of Niagara Falls will hold a separate Statutory Public Meeting for the Local
Official Plan and Zoning By-Law Amendment applications.
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October 11, 2023
Page 2
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Financial Considerations
There are no financial considerations arising from this report as the cost of work
associated with application processing and review is recovered through planning fees in
accordance with the Council-approved Schedule of Rates and Fees. Costs of
advertising for open houses and public meetings are paid by the applicant, and the
Region has entered into a Cost Acknowledgement Agreement with the applicant to
cover other costs associated with the application (i.e., aggregate advisor and peer
reviews).
Analysis
Background
An application for a Regional Official Plan Amendment (ROPA) to permit the Uppers
Quarry operation was received on November 22, 2021. The application was deemed
complete on December 21, 2021. A virtual public open house for the application was
held jointly with the City of Niagara Falls on March 23, 2022.
Regional Official Plan Policies
The Niagara Official Plan (NOP) was approved, with modifications, by the Minister of
Municipal Affairs and Housing and came into effect on November 4, 2022. Policy
7.12.2.5 of the NOP states that development applications deemed complete prior to the
date of the NOP approval shall be permitted to be processed and a decision made
under the 2014 Regional Official Plan (ROP) policies. As noted above the ROPA
application was deemed complete on December 21, 2021, and is therefore being
processed under the 2014 ROP. A Draft Regional Official Plan amendment is included
as Appendix 2.
Site Location
The proposed ROPA is for lands legally described as Part of Lots 119, 120, 136 and
137, City of Niagara Falls, and located along the western boundary of the City of
Niagara Falls, between Thorold Townline Road and Beechwood Road, north of a Hydro
One corridor and generally north of Lundy’s Lane. A Location Map is included as
Appendix 1.
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Page 3
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JART Process
To coordinate the technical review of the applications, a Joint Agency Review Team
(JART) was formed. The JART consists of planning staff from the Region, the City, and
the Niagara Peninsula Conservation Authority (NPCA). The purpose of JART is to share
information, resources, and expertise so that the application and the associated studies
are reviewed in a streamlined and coordinated manner. Staff from applicable provincial
ministries are being engaged through the JART process as well.
The JART does not make a recommendation on the application, rather the JART works
to:
• ensure that the required range of studies and work is completed by the applicant;
• ensure that the studies are sufficient in terms of their technical content;
• coordinate the review of the studies and work of the applicant either by technical
staff or by peer reviewers;
• ensure a coordinated public and stakeholder consultation and engagement process;
and
• prepare a technical JART report on the application once all reviews are complete.
The JART report will be used independently by planning staff at the Region and the City
as the technical basis to develop their respective recommendation reports.
Material Submitted in Support of the Applications
In support of the ROPA application the following technical studies have been submitted:
• Planning Justification Report and ARA Summary Statement
• Alternative Site Analysis
• Agricultural Impact Assessment
• Archaeological Assessments
• Acoustic (Noise) Assessment Report
• Blasting (Vibration) Impact Assessment
• Air Quality Impact Assessment
• Economic Benefits Analysis
• Level 1 & 2 Water Resources Study
• Natural Environment Level 1 & 2 Report
• Visual Impact Assessment
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October 11, 2023
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______________________________________________________________________
• Traffic Impact Study
The Region, on behalf of the Joint Agency Review Team (JART) has retained an
Aggregate Advisor and consulting teams to assist with the review and peer review of
many of the individual technical studies.
In addition, the Aggregate Resources Act (ARA) Site Plan drawings are being reviewed
as part of the ROPA process. The ARA Site Plans outline the proposed operating
conditions of the quarry and are the primary tool used by the Province for enforcement.
All of the proposed mitigation measures for each of the individual technical studies are
noted and included as part of the Site Plans.
An index of all technical material that have been submitted to date is included as
Appendix 3, and can be accessed on the Region’s website:
(https://www.niagararegion.ca/official-plan/amendments.aspx) [under ROPA 22]
Associated Applications
A separate Statutory Public Meeting regarding the Local Official Plan Amendment and
Zoning By-law Amendment will be held by the City of Niagara Falls at a later date.
Separate notice of this meeting will be distributed by the City of Niagara Falls.
In addition, the applicant has also filed an application to the Ministry of Natural
Resources and Forestry for a licence under the Aggregate Resources Act. The
Aggregate Resources Act application process includes a separate public consultation
and notification process. Any comments submitted to Niagara Region or City of Niagara
Falls regarding the Planning Act applications should also be submitted in response to
the Aggregate Resources Act notices.
Next Steps
The review of the application and supporting technical information is ongoing. Regional
staff, supported by other members of the JART, the Aggregate Advisor, and Peer
Reviewers are analyzing the applications and supporting studies relative to Regional
and Provincial planning documents. All comments submitted on this application,
including those received through this Statutory Public Meeting will be responded to by
staff through a future recommendations report.
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October 11, 2023
Page 5
______________________________________________________________________
Alternatives Reviewed
The Planning Act (R.S.O. 1990) requires that all complete applications be processed
and that public consultation be conducted as part of all proposed amendments to
municipal official plans. Notice has been provided for this Statutory Public Meeting as
required by the legislation.
As this report is for information, and the Public Meeting is a statutory requirement, there
are no alternatives to review.
Relationship to Council Strategic Priorities
The information in this report relates to the following Regional Council’s Strategic
Priority: “Effective Region: Remaining an employer of choice by transforming service
delivery in a way that is innovative, collaborative and fiscally responsible.”
By utilizing the JART process to coordinate the review of the application the Region is
working with the City of Niagara Falls Planning Department in an innovative and
collaborative way. The JART process allows for an improvement in service delivery and
a sharing of resources and expertise.
Other Pertinent Reports
CWCD 465-2019 Proposed Uppers Quarry (Niagara Falls)
PDS 35-2021 Uppers Quarry Regional Official Plan Amendment 22
CWCD 2023-10 Update – Proposed Uppers Quarry (Niagara Falls)
CWCD 2023-24 Proposed Uppers Quarry (Niagara Falls) – Aggregate Resources
Act Public Information Centre
Page 383 of 544
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October 11, 2023
Page 6
______________________________________________________________________
________________________________
Prepared by:
Sean Norman, PMP, MCIP, RPP
Senior Planner
Growth Strategy and Economic
Development
_______________________________
Recommended by:
Michelle Sergi, MCIP, RPP
Commissioner
Growth Strategy and Economic
Development
________________________________
Submitted by:
Ron Tripp, P.Eng.
Chief Administrative Officer
This report was reviewed by Erik Acs, MCIP, RPP, Manager of Community Planning
and Angela Stea, MCIP, RPP, Director of Community and Long-Range Planning.
Appendices
Appendix 1 Site Location Map
Appendix 2 Draft Regional Official Plan Amendment
Appendix 3 List of Technical Materials Submitted in Support of the Application
Page 384 of 544
Appendix 1
PDS 33-2023
Site Location Map
Proposed Uppers Quarry, City of Niagara Falls
Page 385 of 544
Appendix 2
PDS 33-2023
THE REGIONAL MUNICIPALITY OF NIAGARA
BY-LAW NO. 2023-XX
A BY-LAW TO PROVIDE FOR THE ADOPTION OF AMENDMENT XX
TO THE OFFICIAL PLAN FOR THE REGIONAL MUNICIPALITY OF NIAGARA
to permit the establishment of the Upper’s Quarry (City of Niagara Falls)
WHEREAS the subject lands are currently designated “Prime Agricultural Area” in the
Official Plan for the Regional Municipality of Niagara,
WHEREAS the Official Plan for the Regional Municipality of Niagara provides
consideration for the establishment of new or expanded mineral aggregate extraction
operations on lands designated “Prime Agricultural Area”, subject to an assessment of
the potential impacts of such a land use in accordance with the policies of the Plan,
WHEREAS the approval of any new or expanded mineral aggregate operations require
an amendment to the Official Plan for the Regional Municipality of Niagara and, through
that amendment, are to be identified on Schedule H – “Known Deposits of Mineral
Aggregate Resources and Mineral Aggregate Operations” as “Licensed Aggregate
Operations”.
WHEREAS subsection 22 of the Planning Act, 1990 states when the requirements of
subsections (15) to (21), as appropriate, have been met and Council is satisfied that the
plan as prepared is suitable for adoption,
AND WHEREAS it is deemed appropriate to further amend the Official Plan as adopted
by Niagara Region for the Regional Municipality of Niagara,
NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as
follows:
1. That the text attached hereto as Part “B” is hereby approved as Amendment No. ___
to the Official Plan for the Regional Municipality of Niagara.
2. That the Regional Clerk is hereby authorized and directed to give notice of Council’s
adoption in accordance with Section 17(23) of the Planning Act, 1990.
3. That this By-Law shall come into force and take effect on the day after the last day of
appeal provided no appeals have been received.
Page 386 of 544
Appendix 2
PDS 33-2023
THE REGIONAL MUNICIPALITY OF NIAGARA
____________________________
James Bradley, Regional Chair
___________________________
Ann-Marie Norio, Regional Clerk
Passed: [DATE]
Page 387 of 544
Appendix 2
PDS 33-2023
Amendment No. XX
To the Official Plan for the Regional Municipality of Niagara
PART “A” – THE PREAMBLE
The preamble provides an explanation of the Amendment including the purpose,
location, background, and basis of the policies and implementation, but does not
form part of this Amendment.
• Title and Components
• Purpose of the Amendment
• Location of the Amendment
• Background
• Basis for the Amendment
• Implementation
PART “B” – THE AMENDMENT
The Amendment describes the additions and/or modifications to the Official Plan for
the Regional Municipality of Niagara, which constitute Official Plan Amendment No.
XX.
• Text Changes
• Schedule Changes
PART “C” – THE APPENDICES
The Appendices provide information regarding public comments relevant to the
Amendment, but do not form part of this Amendment.
Page 388 of 544
Appendix 2
PDS 33-2023
PART “A” – THE PREAMBLE
TITLE AND COMPONENTS:
This document, when approved in accordance with Section 17 of the Planning Act,
1990, shall be known as Amendment XX to the Official Plan of the Regional
Municipality of Niagara.
• Part “A” – The Preamble, contains background information and does not
constitute part of this Amendment.
• Part “B” – The Amendment, consisting of text, schedule, and appendix
changes, constitutes Amendment XX to the Official Plan of the Regional
Municipality of Niagara.
• Part “C” – Does not constitute part of the Amendment. This appendix is a list
of all public comments received.
PURPOSE OF THE AMENDMENT:
The purpose of this Amendment is to:
• add to Section 8.5 (Niagara Falls site specific policies), a new policy to permit
the proposed Uppers Quarry.
• add the subject lands on Schedule H – “Known Deposits of Mineral Aggregate
Resources and Mineral Aggregate Operations” as “Licensed Aggregate
Operations”.
LOCATION OF THE AMENDMENT:
The amendment area is within the City of Niagara Falls and on lands described as
Part Lots 119, 120, 136 and 137, including Upper’s Lane between Thorold Townline
Road and Beechwood Road, and Part of Road Allowance between Lots 120 and
136, in the former Township of Stamford, now in the City of Niagara Falls, in the
Regional Municipality of Niagara.
BACKGROUND:
The subject lands are identified by the Niagara Official Plan as being within a Stone
Resource Area.
The applicant (Walkers Aggregate Inc.) participated in pre-submission consultation
and subsequently submitted an application to amend the Regional Official Plan,
which was received November 22, 2021. The requested and prescribed material,
Page 389 of 544
Appendix 2
PDS 33-2023
including planning justification and technical reports to satisfy numerous planning
instruments including the Provincial Policy Statement (2020), Growth Plan for the
Greater Golden Horseshoe (2020), Regional Official Plan, and the City of Niagara
Falls Official Plan were submitted and the application was deemed complete by
Niagara Region on December 21, 2021.
A new Niagara Official Plan was approved, with modifications, by the Minister of
Municipal Affairs and Housing and came into effect on November 4, 2022. Policy
7.12.2.5 of the new plan states that development applications deemed complete prior
to the date of the approval shall be permitted to be processed and a decision made
under the 2014 Regional Official Plan (ROP) policies. The application was deemed
complete on December 21, 2021, and is therefore being processed under the
policies of the 2014 ROP.
The site-specific policy to permit the proposed Uppers Quarry and all required
updates to the schedules and appendices will be reflected in the new Niagara Official
Plan.
BASIS FOR THE AMENDMENT:
a) Policy 6.C.13 of the 2014 Regional Official Plan requires an amendment to the
plan for expansions of existing mineral aggregate operations outside of a
“possible aggregate area”. The proposed Uppers Quarry is not within a “possible
aggregate area”, and therefore a Regional Official Plan amendment is required.
b) The Amendment was the subject of a Public Open House held on March 23,
2022 and was the subject of a Statutory Public Meeting held under the Planning
Act, 1990 on October 11, 2023. Public and agency comments were addressed
as part of the preparation of this Amendment.
c) The Amendment will allow for the proper conservation and management of
source of high quality aggregate resource.
d) The Amendment will support provincial policy that aims to protect a long term
supply of mineral aggregate resources by making available as much mineral
aggregate resource as is realistically possible as close to markets as possible.
e) The Regional Official Plan Amendment will allow the Council of the City of
Niagara Falls to make a decision on a Local Official Plan Amendment and on the
proposed rezoning of the subject lands. The rezoning of the lands will allow the
Minister of Natural Resources and Forestry to make a decision to issue a quarry
licence under the Aggregate Resources Act.
Page 390 of 544
Appendix 2
PDS 33-2023
f) Based on the Region’s review of the Planning Act, 1990, the Provincial Policy
Statement (2020), the Growth Plan for the Greater Golden Horseshoe (2020), the
Regional Official Plan, and public and agency consultation, Regional staff is of
the opinion that the Amendment has appropriate regard for matters of Provincial
Interest as set out in S. 2 of the Planning Act; is consistent with the Provincial
Policy Statement; conforms, or does not conflict, with Provincial Plans; conforms
to the intent of the Regional Official Plan; represents good planning; and, is in the
public interest.
IMPLEMENTATION:
Section 7, Implementation, of the Official Plan for the Regional Municipality of
Niagara, shall apply where applicable.
Page 391 of 544
Appendix 2
PDS 33-2023
PART “B” – THE AMENDMENT
Amendment XX
To the Official Plan for the Regional Municipality of Niagara
The Official Plan for the Regional Municipality of Niagara is amended as follows:
Text Changes:
1. Add a new Policy 8.5.11 to the Niagara Falls site specific policies in Chapter 8
to permit the proposed Uppers Quarry:
Notwithstanding any other policy to the contrary in this Plan, a mineral
aggregate operation (quarry) and ancillary uses and facilities are permitted in
accordance with approval under the Aggregate Resource Act on lands
described as Part Lots 119, 120, 136 and 137, including Upper’s Lane between
Thorold Townline Road and Beechwood Road, and Part of Road Allowance
between Lots 120 and 136 between Thorold Townline Road and Beechwood
Road, in the former Township of Stamford, now in the City of Niagara Falls, in
the Regional Municipality of Niagara.
2. A site-specific location map will be added to Chapter 8 following the new
Policy 8.5.11 showing the subject lands as follows:
Page 392 of 544
Appendix 2
PDS 33-2023
Schedule Changes:
1. Schedule H – “Known Deposits of Mineral Aggregate Resources and Mineral
Aggregate Operations” is amended to add the subject lands as “Licensed
Aggregate Operations” as per the corresponding legend.
Page 393 of 544
Appendix 3
PDS 33-2023
Proposed Uppers Quarry List of Technical Materials Submitted Updated September 18, 2023
Page 1 of 5
Proposed Uppers Quarry (Niagara Falls)
ROPA, LOPA, ZBLA Applications – List of Technical Material Submitted.
Material can be accessed on the Region’s website: (https://www.niagararegion.ca/official-
plan/amendments.aspx) [under ROPA 22]
Item Date Submitted
1st Submission
1. Cover Letter to Niagara Region, prepared by MHBC, dated November
22, 2021
• November 22, 2021
2. Cover Letter to City of Niagara Falls, prepared by MHBC, dated
November 22, 2021
• November 22, 2021
3. Cover Letter to NPCA, prepared by MHBC, dated November 22, 2021 • November 22, 2021
4. Cover Letter to City of Thorold, prepared by MHBC, dated November
22, 2021
• November 22, 2021
5. Completed Application to Amend the Regional Official Plan • November 22, 2021
6. Completed City of Niagara Falls Application Form • November 22, 2021
7. Planning Justification Report and ARA Summary Statement, prepared
by MHBC, dated October 2021
• November 22, 2021
8. Aggregate Resource Act Site Plan drawings, prepared by MHBC, dated
October 29, 2021
• November 22, 2021
9. Alternative Site Analysis, prepared by MHBC, dated October 2021 • November 22, 2021 Page 394 of 544
Appendix 3
PDS 33-2023
Proposed Uppers Quarry List of Technical Materials Submitted Updated September 18, 2023
Page 2 of 5
Item Date Submitted
10. Level 2 Water Study Report, prepared by WSP, dated October 2021 • November 22, 2021
11. Maximum Predicted Water Table Report, prepared by WSP, dated
October 2021
• November 22, 2021
12. Level 1 and Level 2 Natural Environment Technical Report and
Environmental Impact Study, prepared by Stantec, dated October 2021
• November 22, 2021
13. Agricultural Impact Assessment, prepared by Colville Consulting, dated
October 2021
• November 22, 2021
14. Acoustic Assessment Report, prepared by RWDI, dated October 2021 • November 22, 2021
15. Air Quality Assessment Report, prepared by RWDI, dated October • November 22, 2021
16. Blasting Impact Assessment, prepared by Explotech Engineering Ltd.,
dated October 2021
• November 22, 2021
17. Traffic Impact Study, prepared by TMIG, dated October 2021 • November 22, 2021
18. Cultural Heritage Impact Assessment, prepared by MHBC, dated
October 2021
• November 22, 2021
19. Visual Impact Assessment, prepared by MHBC, dated October 2021 • November 22, 2021
20. Economic Benefits Analysis, prepared by Prism, dated October 2021 • November 22, 2021
21. Stage 1 Archaeological Resource Assessment of Walker Aggregates
Proposed South Niagara Quarry, Part of Lots 102, 119, 120, 136 & 137,
prepared by Archaeological Research Associates Ltd., dated December
2008 [available by request]
• November 22, 2021 Page 395 of 544
Appendix 3
PDS 33-2023
Proposed Uppers Quarry List of Technical Materials Submitted Updated September 18, 2023
Page 3 of 5
Item Date Submitted
22. Stage 1-2 Archaeological Assessment of Part 9764 Uppers Lane, Part
of Lots 119 & 120, prepared by Archaeological Research Associates
Ltd., dated November 3, 2005 [available by request]
• November 22, 2021
23. Stage 2-3 Archaeological Assessment, Part of Lots 102, 119, 120, 136
& 137, prepared by Archaeological Research Associates Ltd., dated
November 21, 2012 [available by request]
• November 22, 2021
24. Stage 1-2 Archaeological Assessments, Upper’s Quarry Additional
Lands, Part of Lots 119 & 120*, prepared by Archaeological Research
Associates Ltd., dated April 20, 2020 [available by request]
• November 22, 2021
25. Stage 3 Mitigation of Development Impacts, Final Excavation Report,
Walker XI (AgGt-411), Upper’s Quarry, prepared by Archaeological
Research Associates Ltd., dated May 26, 2021 [available by request]
• November 22, 2021
26. Stage 4 Mitigation of Development Impacts, Final Excavation Report,
Walker IX (AgGt-178), Upper’s Quarry, prepared by Archaeological
Research Associates Ltd., dated July 22, 2021 [available by request]
• November 22, 2021
27. Archaeological Report and Ministry Approval Letter: Stage 3 Site-
Specific Assessment. Walker XI (AgGs-411) [available by request]
• November 22, 2021
28. Cover Letter for February 2022 Updates, prepared by MHBC, dated
February 8, 2022.
• February 8, 2022
29. Updated ARA Site Plan Drawings (Redline), prepared by MHBC [last
updated January 2022]
• February 8, 2022
30. Updated ARA Site Plan Drawings (Signed), prepared by MHBC [last
updated January 2022]
• February 8, 2022 Page 396 of 544
Appendix 3
PDS 33-2023
Proposed Uppers Quarry List of Technical Materials Submitted Updated September 18, 2023
Page 4 of 5
Item Date Submitted
31. Updated Level 1 and 2 Water Study Report, prepared by WSP, dated
October 2021
• February 8, 2022
32. Updated Maximum Predicted Water Table Report, prepared by WSP,
dated October 2021
• February 8, 2022
33. Addendum 1: Statement of Qualifications (re Level 1 and Level 2
Natural Environment Report and Environmental Impact Study),
prepared by Stantec, dated February 3, 2022
• February 8, 2022
34. Cultural Heritage Report Checklists • February 8, 2022
35. Information Request for Uppers Quarry Natural Environment Report
Received from Dougan & Associates March 31, 2022, prepared by
Stantec Consulting Ltd., dated June 9, 2022
• June 9, 2022
2nd Submission
36. 2nd Submission Cover Letter, prepared by MHBC, dated August 28,
2023
• August 28, 2023
37. Response Matrix to JART Comments, dated August 25, 2023 • August 28, 2023
38. Response Matrix to MNRF Comments, dated August 25, 2023 • August 28, 2023
39. Updated Site Plan Notes, prepared by MHBC, dated August 28, 2023 • August 28, 2023
40. Updated ARA Site Plan Drawings, prepared by MHBC, dated August
28, 2023
• August 28, 2023
41. Updated Planning Justification Report, prepared by MHBC, dated
August 2023
• August 28, 2023 Page 397 of 544
Appendix 3
PDS 33-2023
Proposed Uppers Quarry List of Technical Materials Submitted Updated September 18, 2023
Page 5 of 5
Item Date Submitted
42. Updated Alternative Site Analysis, prepared by MHBC, dated August
2023
• August 28, 2023
43. Updated Air Quality Assessment, prepared by RWDI, dated July 12,
2023
• August 28, 2023
44. Updated Acoustic Assessment, prepared by RWDI, dated August 3,
2023
• August 28, 2023
45. Updated Blast Impact Assessment, prepared by Explotech, dated
August 2023
• August 28, 2023
46. Updated Natural Environment Level 1 & 2 Report, prepared by
Stantec, dated August 28, 2023
• August 28, 2023
47. Response to JART Hydrogeology Comments, prepared by WSP, dated
October 3, 2022
• August 28, 2023
48. Updated Economics Benefits Study, prepared by Prisim, dated
February 2023
• August 28, 2023
49. Transportation Impact Study Addendum, prepared by TYLin, dated
March 2023
• August 28, 2023
50. Visual Impact Addendum Letter, prepared by MHBC, dated February
24, 2023
• August 28, 2023
Page 398 of 544
2012 First Street Louth,
St. Catharines, Ontario
October 30, 2023
LOCAL AREA CLERKS
SENT ELECTRONICALLY
RE: 2024 Proposed Operating and Capital Budget Submission and
Requisition - Niagara Transit Commission
Please be advised that its meeting of October 24, 2023, the Niagara Transit
Commission passed the following motion:
That Report NTC 17-2023, dated October 24, 2023, respecting 2024 Proposed
Operating & Capital Budget Submission and Requisition – Niagara Transit
Commission, BE RECEIVED and the following recommendations BE
APPROVED:
1. That the Niagara Transit Commission (NTC) Board APPROVE the proposed
2024 gross operating budget submission of $83,234,433 and net base Special
Levy of $59,348,376 for a net increase of $4,295,426 or 7.8%;
2. That the net Special Levy of $59,348,376 BE APPORTIONED between the
local municipalities as per Appendix 2 of Report NTC 17-2023, determined in
accordance with the methodology approved in PW 55-2021 and based on final
2023 current value assessment;
3. That the NTC Board APPROVE the addition of 10.11 permanent Full-time
Equivalents (FTE) as per Appendix 4 of Report NTC 17-2023, totaling $953,609
gross included in the Special Levy;
4. That the NTC Board APPROVE the proposed NTC 2024 gross capital budget
of $23,018,750 as presented in Table 4 of Report NTC 17-2023;
5. That financing in the amount of $5,507,900 gross and $1,650,000 net of the
2024 capital budget BE INITIATED upon approval of the 2024 Capital Budget
and BE ALLOCATED to the projects as summarized in Table 4 of Report NTC
17-2023;
Page 399 of 544
Page 2
6. That financing in the amount of $17,510,850 gross and $445,276 net of the
2024 capital budget BE INITIATED and BE ALLOCATED to the projects upon
approval confirmation of Investing in Canada Infrastructure Program (ICIP)
funding as summarized in Table 4 of Report NTC 17-2023;
7. That this report BE FORWARDED to the Budget Review Committee of the
Whole (BRCOTW) meeting on November 9, 2023, for approval and subsequent
calculation of the Special Levy tax rates for each municipality following Regional
Council tax policy decisions; and
8. That a copy of this Report BE CIRCULATED to the Local Area Municipalities.
A copy of Report NTC 17-2023 is attached for your reference.
Yours truly,
Ann-Marie Norio
Regional Clerk
Page 400 of 544
NTC 17-2023
October 24, 2023
Page 1
Subject: 2024 Proposed Operating & Capital Budget Submission and Requisition –
Niagara Transit Commission
Report to: Niagara Transit Commission Board
Report date: Tuesday, October 24, 2023
Recommendations
1. That the Niagara Transit Commission (NTC) Board APPROVE the proposed 2024
gross operating budget submission of $83,234,433 and net base Special Levy of
$59,348,376 for a net increase of $4,295,426 or 7.8%.
2. That the net Special Levy of $59,348,376 BE APPORTIONED between the local
municipalities as per Appendix 2 determined in accordance with the methodology
approved in PW 55-2021 and based on final 2023 current value assessment.
3. That the NTC Board APPROVE the addition of 10.11 permanent Full-time
Equivalents (FTE) as per Appendix 4 totaling $953,609 gross included in the Special
Levy.
4. That the NTC Board APPROVE the proposed NTC 2024 gross capital budget of
$23,018,750 as presented in Table 4.
5. That financing in the amount of $5,507,900 gross and $1,650,000 net of the 2024
capital budget BE INITIATED upon approval of the 2024 Capital Budget and BE
ALLOCATED to the projects as summarized in Table 4 of this report.
6. That financing in the amount of $17,510,850 gross and $445,276 net of the 2024
capital budget BE INITIATED and BE ALLOCATED to the projects upon approval
confirmation of Investing in Canada Infrastructure Program (ICIP) funding as
summarized in Table 4 of this report.
7. That this report BE REFERRED to the Budget Review Committee of the Whole
(BRCOTW) meeting on November 9, 2023, for approval and subsequent calculation
of the Special Levy tax rates for each municipality following Regional Council tax
policy decisions.
Page 401 of 544
NTC 17-2023
October 24, 2023
Page 2
_____________________________________________________________________
8. That a copy of this Report BE CIRCULATED to the Local Area Municipalities.
Key Facts
The purpose of this report is to seek approval for the proposed 2024 Operating and
Capital Budgets for NTC.
At Niagara Region’s BRCOTW meeting on July 27, 2023, the budget planning
strategy presented for 2024 included a focus on aligning with the Budget Planning
By-law’s principles and priorities of sustainability and affordability. The strategy used
was to maintain delivery of base services in light of considerable inflationary
pressures, support the capital funding gap and address the operating budget in 2022
that was funded with reserves.
As the NTC has only been operational since January 1, 2023, the 2024 budget is
based on June year-to-date actuals pro-rated annually, a current understanding of
key contracts and inflationary increases.
The budget increase is driven by increases in fuel costs, inflationary pressures for
repairs and maintenance costs, snow removal contracts and labour negotiations and
incremental staff as per recommendations. Cost pressures have been partially
offset by increased fare revenues resulting from new UPASS contracts.
The Capital budget being proposed includes 8 new projects which are fully funded
through ICIP, Provincial Gas Tax (PGT), Development Charges (DC’s) and transfer
from capital reserves. Two of these projects were initiated and will be managed by
Niagara Region Facility staff.
The NTC budget will be presented to Regional Council on November 9, 2023, for
consideration and approval in accordance with the Council approved timetable and
Article 7.3 of the Municipal Service By-law (MSB).
Financial Considerations
The 2024 NTC operating budget includes a base increase of 7.8% or $4,295,426 to
maintain current service standards, including base program changes for labour related
costs in order to true up actual full-time equivalent staff that were transferred from the
local area municipalities to the 2023 budgeted number of FTE’s. No additional service
levels were considered in the 2024 budget in order to stabilize the budget and staff.
The 2024 proposed operating budget is provided in Table 1 below, with further details
by object of expenditure and comparison to 2023 included in Appendix 1.
Page 402 of 544
NTC 17-2023
October 24, 2023
Page 3
_____________________________________________________________________
Table 1: Proposed NTC 2024 Operating Budget (in thousands)
Item 2023 2024 $ Change % Change
Gross Expenditure $75,896 $83,234 $7,339 9.7%
Gross Revenue (excluding
taxation)
(20,843) (23,886) (3,043) 14.6%
Net Base Budget after Indirect
Allocations $55,053 $59,348 $4,295 7.8%
The capital budget has been developed consistent with the Region’s risk evaluation
methodology developed by the Asset Management Office (AMO). The 2024 NTC
capital budget includes eight projects for a gross request of $23,018,750 and a net
request of $2,095,276. The 2024 proposed projects are mainly externally funded
(Investing in Canada Infrastructure Program (ICIP) of $15,085,910; Provincial Gas Tax
of $5,352,130 and Development Charges of $485,434) resulting in a net transfer from
NTC capital reserves of $2,095,276.
Analysis
The 2023 budget was based on the uploaded 2022 budgets from Local Area
Municipalities and Niagara Region Transit. As a result, the 2024 budget for NTC was
prepared to right size the NTC budget based on June actuals, pro-rated annually and
inflationary increases.
The pressures specific to the 2024 operating budget by object of expenditure are as
follows:
Labour Related Costs – Labour related costs have increased by $3.45 million due to the
following:
Through the transition, the NTC received staff within multiple union and non-
union groups. Some of these groups have not received wage increases since
2021 pending a single Collective Bargaining Agreement (CBA). The budget was
developed based on the CBA Guidance previously approved by the Commission.
The 2024 budget also includes an adjustment for benefits to align with actual
benefit expenses being incurred. This reflects $2.6 million or 6.6% of the overall
labour related increase. A summary of FTE requests for 2024 can be found in
Appendix 4.
Page 403 of 544
NTC 17-2023
October 24, 2023
Page 4
_____________________________________________________________________
An increase of $0.6 million relates to approximately 6.86 FTE’s identified during
2023 that were not calculated or transitioned correctly through the amalgamation
and the 2024 budget is correcting this error.
During the first year of operations there were 2.25 new FTE’s identified that are
needed in order to maintain service delivery and to support a safe working
environment. These FTE’s are being requested to be added to the permanent
staff complement in 2024 at a cost of $0.2 million.
A business case for a growth position is being recommended in 2024 as the
position was temporary in 2023 but identified as a position that should be made
permanent in 2024. The position is half funded through a transfer from
encumbrance reserve available for 2024 as it was planned in the Region’s
budget for 2022 and due to late requirement is extended into 2024. The net
increase is $0.05 million.
Operational & Supply - The increase of $0.27 million relates to On-Demand/Specialized
contracts. These increases relate to inflationary increases expected on external
contracts related to staffing, repairs, and maintenance, etc. in order to maintain service
hours required.
Occupancy & Infrastructure – The $0.76 million increase in budget over 2023 relates
primarily to the expected snow removal cont ract needed for bus stops and shelters.
There was limited budget uploaded from the LAM’s for the 2023 snow removal at bus
stops and shelters. As it is the requirement of the NTC to ensure proper snow removal
at bus stops and shelters, a Request for Proposal (RFP) has been issued with
estimates of approximately $750,000 to fulfil this contract across Niagara. The 2024
budget reflects this estimate.
Equipment, Vehicles, Technology – The increase in equipment, vehicles, technology of
$2.7 million is mainly related to the gross volatility in fuel prices. The 2024 budget
estimate was prepared based on current fuel usage and the Niagara Region corporate
fuel price budget assumptions which highlighted estimated costs for fuel and gasoline to
be used in the 2024 estimates. The increase in fuel of $2.9 million is partially offset by
an increase in fuel chargebacks of $1.3 million that is shown in revenue. The increase is
consistent with the 2023 forecast as the 2023 budget was prepared based on municipal
budgets with 2022 fuel costs.
Transfer to Capital Reserves - The capital needs of the NTC are significant, which
requires a balance between operational budget affordability and capital sustainability.
Page 404 of 544
NTC 17-2023
October 24, 2023
Page 5
_____________________________________________________________________
Included in the triple majority strategy was the strategy to build up capital reserves. The
strategy included phasing in $6.5 million of required annual transfers to capital reserve
over 3 years ($2.17 million in 2023; $4.33 million in 2024 and $6.5 million in 2025 and
ongoing). In order to mitigate the pressures in the 2024 budget only $2.3 million is
included as the transfer to capital (an increase of only $0.15 million instead of $2.16
million). Of this transfer, $2.1 million is required in order to fund the 2024 capital
projects.
Allocation between departments – The $10 thousand in 2024 relates to the audit fees
allocated from the Region which were formerly part of administrative costs in 2023.
Shared Services – There is a decrease in shared service related costs in 2024 of $87
thousand. This is due to the reduction to the legal claim budget of $292 thousand offset
by an increase of $205 thousand in labour and other costs related to the shared
services provided by 12 permanent and 1 temporary FTE of the Niagara Region.
Revenues
Contract Revenue –The City of Niagara Falls previously delivered the WEGO
Visitor Transportation System (VTS) Blueline and Redline service and is now
post-amalgamation contracting that service from the NTC. The City also provided
a service referred to herein as “cityred” which is dedicated local public transit
service hours that supplement and connect to the WEGO VTS services. Due to
the City allocation of “cityred” wholly into the WEGO VTS budget for 2022 the
NTC budget reflected the same treatment of including “cityred” in the WEGO
contract revenue. The NTC was not aware that the municipal transit share of
their budget assigned to the NTC should have been increased to include
$800,000 for “cityred”. Therefore, the NTC approved budget for Niagara Falls
municipal service did not include the conventional service and was understated.
As the MTA precludes the reduction of services to municipalities and the “cityred”
service is considered local conventional service, the reduction in contract
revenues of $800,000 is a pressure for 2024 to be included the service hour-
based allocation portion of the budget.
WEGO Transition- The WEGO contract will end in August 2024. This will put an
increased pressure of $570,000 on costs for 2024 in order to separate and
deliver service in Niagara Falls on these service lines. The pressure was
mitigated through the reduction of transfer to capital reserves. The WEGO Red
Line bus is the only bus providing local and visitor transportation services on
Lundy’s Lane between Main Street and Garner Road. The Commission is
Page 405 of 544
NTC 17-2023
October 24, 2023
Page 6
_____________________________________________________________________
committed to maintaining and obligated legislatively to deliver the same level of
service for the residents of the City of Niagara Falls along Lundy’s Lane. The
service transition will be delivered in two phases. The period of May 6, 2024, to
August 12, 2024, and August 13, 2024, onward.
o Phase One will see the introduction of local routes 116 & 216 maintaining
base (visitor transportation system) VTS service on the Red Line. The
new route will run on 30-minute headway and the Red line will run on 30-
minute headway. This is a same level of service (15 minute) as what is
delivered in peak season by the WEGO VTS system in summer.
o Phase Two will see the removal of the WEGO Red line VTS service levels
on Lundy’s Lane, as well as the Blue Line. With the service provided by
route 116/216, the service will remain at 30-minute headway along
Lundy’s Lane.
Fare Revenues – There is a $3.36 million increase to 2024 budgeted fare
revenue as a result of the two UPASS contracts executed with Niagara College
and Brock University. The increase in revenues is mitigating the overall
pressures noted above.
Provincial Gas Tax (PGT) Revenue - Also included in the triple majority strategy
was the strategy to reserve PGT entirely for capital for long-term asset
sustainability, however as a 2023 budget mitigation strategy $1.6 million of PGT
was used in the operating budget. The 2024 budget includes the reduction of
PGT by $0.3 million down to $0 over 5 years in order to reduce the use of PGT to
fund operations thus removing an unsustainable source of funding from operating
and ensuring capital needs are met.
As with any budget, the following are additional risks identified:
Fuel prices continue to increase, which we will report through our quarterly
reviews to the Board.
Provincial legislation requirements for services to meet the Accessibility for
Ontario Disability Act (AODA) are still being reviewed.
2024 budget does not take into consideration the phased-in service hour
alignment based on the triple majority strategy to increase services by 2025 as
follows:
o Phase 1 – Standardized Operating Hours Across Niagara – a move to one
set of consistent operating hours to ensure all residents in Niagara have
the same level of availability of transit in their community and the ability to
make consistent connections across Niagara. Proposed hours are 6 a.m.
to midnight (Monday to Saturday), and 7 a.m. to 9 p.m. (Sundays and
Page 406 of 544
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October 24, 2023
Page 7
_____________________________________________________________________
Holidays). This would represent over 45,000 new annual service hours
across Niagara to create this equity and availability in each municipality.
The budget includes labour related costs that accommodate the organization chart and
corporate and administrative services supported by Regional shared services as
approved in 2022. In accordance with the Budget Planning By-law the staff
complement in Table 2 is provided for in the recommended NTC budget a s full-time
equivalents (FTE) which converts headcount based on full time hours for each position
as per the Budget Planning By-law. In 2024, there are proposed increases of 10.1
FTE’s (6.86 in an FTE error correction from 2023, 2.25 net new to the Maintenance
department to ensure service and a 1.0 subsidized growth FTE in community
communications and service support) as discussed previously. Any increases to the
staff complement will be considered through the budget process in accordance with
Budget Planning By-law Section 4.8. A summary of 2024 FTE requests can be found in
Appendix 4.
In 2024 there is a 3.33 reduction in temporary FTE’s. There is a reduction of 1 FTE in
NTC due to the request to make that position permanent in 2024 as discussed above.
The other 2.33 reduction in FTE’s relates to positions provided in 2023 through shared
services to support the transition of NTC.
Table 2: 2024 proposed NTC permanent Staff Compliment compared to 2023
Full-Time Equivalents by Division 2024
Permanent
2023
Permanent Variance
Corporate 3.0 2.0 1.0
Fleet & Facilities 69.0 62.9 6.1
Operations 327.3 324.3 3.0
Planning & Performance 30.0 30.0 -
Total NTC FTEs 429.3 419.2 10.1
Shared Services 12.0 12.0 -
TOTAL FTE 441.3 431.2 10.1
Page 407 of 544
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October 24, 2023
Page 8
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Table 3: 2024 proposed NTC temporary Staff Compliment compared to 2023
Full-Time Equivalents by Division 2024
Temporary
2023
Temporary Variance
Planning & Performance 1.0 2.0 (1.0)
Total NTC FTEs 1.0 2.0 (1.0)
Shared Services 1.0 3.3 (2.3)
TOTAL FTE 2.0 5.3 (3.3)
Capital Budget:
The Capital budget proposed for 2024 includes 6 projects managed by NTC and 2
managed by Niagara Region Facilities. These projects are fully funded through ICIP,
PGT, DC’s and transfer from capital reserves. The following is a summary of the
proposed 2024 capital budget and corresponding funding. A summary of the 2024
Capital budget and 9-year forecast can be found in Appendix 5.
Table 4: 2024 Capital Budget Summary (in thousands)
Operating
Expenditure
Gross
2024
ICIP
Funding
PGT
Funding
DC
Funding
Capital
Reserves
Project
Managed
Branding
788 -
(302)
(486) - NTC
Scheduling
Software
1,000 - - -
(1,000) NTC
Replacement of
nineteen 40'
Conventional
Buses
15,843
(11,613)*
(4,230) - - NTC
Refurbishment
of 40'
Conventional
Buses
1,071 (785)
(286) - - NTC
Replacement of
Specialized /
Para Transit
Buses
1,999
(1,465)
(534) - - NTC
Replacement of
two 40'
1,668
(1,223)* - -
(445) NTC
Page 408 of 544
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October 24, 2023
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_____________________________________________________________________
Conventional
Buses
24-NTC-Building
Equip
250 - - -
(250)
Niagara
Region
Facilities
24-NTC StCath-
Overhead Door
400 - - -
(400)
Niagara
Region
Facilities
TOTAL
23,019
(15,086)
(5,352)
(486)
(2,095) -
*The ICIP funding assigned to this project has been approved provincially but is pending
federal approval. Project to be initiated once funding is fully approved.
NTC is forecasting a 2023 year-end balance in the reserves of $0.4 million. The revised
2024 contribution to the capital reserve of only $2.3 million will be enough to fund the
2024 capital requests.
2024 Transit Requisition
The net requisition amount will be allocated to the LAMs in accordance with the
methodology approved in PW 55-2021. As such, costs will be apportioned on the
following basis:
Municipal service cost of $39.3 million is apportioned based on proportionate
share of service hours. This methodology recognized that the cost for each
municipality would not reflect the actual cost of services delivered in the
municipality but reflects the triple majority approved methodology that best
aligned with the Transit financial model evaluation criteria.
Regional transit transferred to NTC of $17.2 million and is apportioned based on
the proportionate share of Regional assessment. The 2024 value is based on
the 2023 transferred amount adjusted for an estimated increase for inflation of
3%.
2022 Revenue shortfalls that were funded with one time funding of $5.7 million
were directly levied on the previous conventional transit providers (Niagara Fa lls,
St. Catharines and Welland). The amount has been reduced by $2.8 million or
50% in 2024 proportionately and the remaining balance will be reduced by 50%
again in 2025 and 2026. This strategy was determined as the 2024 budget
includes an increase in expected fare revenues of $3.36 million. These three
municipalities make up approximately 83% of the total service hour allocation or
$2.8 million of the incremental fare revenues expected for 2024.
Page 409 of 544
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October 24, 2023
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There is no longer a one-time allocation for transferred employee costs.
Appendix 2 presents the results of this methodology by municipality with Appendix 3
providing a further year over year comparison both by municipality and by average
household in each municipality.
The net requisition changes by municipality after estimated assessment growth ranges
from -16.4% to 19.7%. These requisition changes are the result of the differences in
local service hours, 2023 assessment changes and budget increase. The large
differences in range is mainly driven by service hours. The cost per household at this
time is an estimate only as the actual special levy tax rate will be calculated based on
final 2024 tax roll assessment to be delivered in December and subject to Regional tax
policy decisions in the first quarter of 2024. The actual cost per household at that time
will also reflect actual municipal assessment growth which can only be estimated at this
time at the average of 1.5% for all of the Region.
As noted above the 2023 budget included $0.8 million of municipal service costs in the
WEGO contract revenue budget in error, however the service hours related to this cost
were included in the service hours allocated to the City of Niagara Falls. Appendix 7 is
provided with a comparison of the municipal portion of the requisition that would have
occurred had the error been corrected in 2023. Table 1 in Appendix 7 shows first the
approved 2023 budget with the $3.36 million increase in the municipal service share of
the budget and the resulting redistribution of costs across all municipalities with only St.
Catharines resulting in a decrease. The ‘corrected’ version in Table 2 shows that all
municipalities would have seen an increase in the municipal service distribution had the
error not occurred. This is provided as a reference for the rationale of including the
correction of the municipal service share of the budget with the service hour based
allocation of the requisition in 2024.
Alternatives Reviewed
The recommended budget is in alignment with the budget strategy received by Regional
Council to maintain delivery of base services. Considering the significant inflationary
pressures seen in the 2024 budget, several budget mitigation options were investigated
through the line-by-line analysis described in the Financial Implications and Analysis
sections of this report. At the discretion of the Board, programs can be identified for
elimination from or addition to the budget. The Board can recommend that the transfer
to capital amount be further reduced in order to mitigate budget pressures in 2024
however this will put an increased pressure in future budget preparations as capital
Page 410 of 544
NTC 17-2023
October 24, 2023
Page 11
_____________________________________________________________________
costs continue to increase. The Board could also recommend that the full transfer to
capital of $4.3 million instead of only the $2.3 million included in the 2024 proposal
which would increase the year over year budget increase to $5.7 million or 10.4%.
NTC is engaged in the corporate CAMRA prioritization process to establish the budget
request. NTC also relies heavily on the Niagara Region’s capital financing policy that
establishes the principles Niagara Region will undertake to ensure financial
sustainability, flexibility, transparency, and legislative compliance of its capital funding
program. As a result, no alternatives to the capital budget request have been presented.
Other Pertinent Reports
CSD 38-2023 2024 Budget Planning and Timetable
________________________________ ________________________________
Prepared by: Submitted by:
Brad Griffin Carla Stout, DPA
Manager of Strategy & Performance General Manager
This report was prepared in consultation with Stephanie Muhic, Program Financial
Specialist.
Appendices
Appendix 1 2024 vs 2023 NTC Operating Budget by Operating Expenditure
Appendix 2 2024 NTC Requisition Summary by Municipality
Appendix 3 2024 vs 2023 Requisition by Municipality & Cost by Household
Appendix 4 2024 FTE Request Summary
Appendix 5 2024 Capital Summary & 9-year Forecast
Appendix 6 2024 Capital Program Summary
Appendix 7 WEGO Requisition Comparison
Page 411 of 544
Appendix 1 - 2024 vs 2023 NTC Operating Budget by Operating Expenditure
Operating Expenditure 2024 2023 Variance
Labour Related Costs 41,483,360 38,028,865 3,454,495
Administrative 2,948,800 2,858,216 90,584
Operational and Supply 11,480,606 11,215,446 265,160
Occupancy & Infrastructure 1,239,000 481,000 758,000
Equipment, Vehicles, Technology 15,554,484 12,853,841 2,700,643
Transfers to Capital Reserve 2,313,333 2,166,667 146,666
Allocation Between Departments 10,000 - 10,000
Debt 2,192,199 2,197,145 (4,946)
Shared Services 6,012,651 6,094,695 (82,044)
Total Gross Expenses 83,234,433 75,895,875 7,338,558
Revenues (23,784,338) (20,663,924) (3,120,414)
Transfers from Encumbrance Reserve (101,719) (179,000) 77,281
Total Net Special Levy 59,348,376 55,052,951 4,295,425
One-Time Levy - EFB - 1,508,400 -
Total Special Levy 59,348,376 56,561,351 2,787,025
NTC 17-2023
October 24, 2023
Appendix 1
Page 412 of 544
Appendix 2 - 2024 Requisition Summary by Local Area Municipality
Municipality
2023 Service
Hours
2023 Service
Hours
Allocation %
2024 Service
Hours
2024 Service Hour
allocation %
2024 Service
Hour Allocation
2024 Regional
Assessment
Allocation1
2024 Direct
Municipal
Allocation2
2024 Special
Levy
Requisition
2023 Special
Levy Requisition
(Including One-
Time Costs) Change
St. Catharines 193,499 42.6% 193,924 42.6% 16,748,116 4,355,013 1,185,000 22,288,129 21,770,905 517,224
Niagara Falls 125,048 27.5% 130,411 28.6% 11,262,859 3,590,133 1,027,487 15,880,479 14,561,963 1,318,516
Welland 57,031 12.6% 52,565 11.5% 4,539,741 1,435,356 637,500 6,612,597 7,048,866 (436,269)
Niagara-on-the-lake 15,912 3.5% 15,912 3.5% 1,374,229 1,475,794 0 2,850,023 2,585,009 265,014
Port Colborne 5,655 1.2% 5,655 1.2% 488,390 543,056 0 1,031,446 938,038 93,408
Pelham 5,655 1.2% 2,545 0.6% 219,797 732,308 0 952,105 1,118,510 (166,405)
Thorold 14,751 3.2% 14,647 3.2% 1,264,978 771,672 0 2,036,650 1,775,411 261,239
Fort Erie 25,444 5.6% 25,444 5.6% 2,197,454 1,074,482 0 3,271,936 2,875,904 396,032
Grimsby 5,655 1.2% 8,483 1.9% 732,629 1,303,875 0 2,036,504 1,679,779 356,725
Lincoln 5,655 1.2% 5,980 1.3% 516,459 1,067,030 0 1,583,489 1,427,442 156,047
West Lincoln - 0.0% - 0.0% 0 548,338 0 548,338 530,128 18,210
Wainfleet - 0.0% - 0.0% 0 256,677 0 256,677 249,394 7,283
Total 454,305 100.0% 455,566 100.0% 39,344,655 17,153,734 2,849,987 59,348,373 56,561,350 2,787,023
1 2023 Total Regional Allocation adjusted for 3% CPI allocated based on the 2023 Municipal current value assessment.
2 Based on a 50% reduction from 2023.
TOTAL Gross Budget -- 59,348,376
Regional Assessment -- 17,153,734
Direct Revenue -- 2,849,987
Net Service Charge -- 39,344,655
Municipality
Direct
Municipal
Allocation
2023
Reduction for
fare revenues
50%
Direct Revenue
Charge 2025 Reduction 2026 Reduction Variance
St. Catharines 2,370,000 (1,185,000) 1,185,000 (592,500) (592,500) -
Niagara Falls 2,054,974 (1,027,487) 1,027,487 (513,744) (513,744) -
Welland 1,275,000 (637,500) 637,500 (318,750) (318,750) -
TOTAL 5,699,974 (2,849,987) 2,849,987 (1,424,994) (1,424,994)
Fare Revenue Increase - (3,359,226) -----
3 Site service allocation -83% Welland, St. Catharines & Niagara Falls make up 83% of total allocation
Total - (2,788,158) Portion of increased fare revenue relative to 3 locations.
-------
50% of 2023 Direct Portion - 2,849,987 -----
Variance NS - 61,829 -----
2023 had $5.7M allocated to 3 LAMS. Increase of fare revenues across systems $3.36M. Pro-rated inreased fare revenues based on service
allocation of the three LAM's which is approximately 83%. Thus reduced the Direct Municipal portion related to unsustainable revenues sources
in prior years to these 3 Lam's.
Then will reduce remaining amount by 50% in 2025 and 2026 until no direct municipal portion.
NTC 17-2023
October 24, 2023
Appendix 2 Page 413 of 544
Appendix 3 - 2024 vs 2023 Cost Per Local Area Municipality
Municipality
2023
Approved
Budget
2024
Approved
Budget Change in $
Change in
%
Average
assessment
Growth
Change net of
Assessment
Growth
St. Catharines* 21,770,905 22,288,129 517,224 2.4% 1.5% 0.9%
Niagara Falls 14,561,963 15,880,479 1,318,516 9.1% 1.5% 7.6%
Welland* 7,048,866 6,612,597 (436,269) -6.2%1.5% -7.7%
NOTL 2,585,009 2,850,023 265,014 10.3% 1.5% 8.8%
Port Colborne 938,038 1,031,446 93,408 10.0% 1.5% 8.5%
Pelham 1,118,510 952,105 (166,405) -14.9%1.5% -16.4%
Thorold 1,775,411 2,036,650 261,239 14.7% 1.5% 13.2%
Fort Erie 2,875,904 3,271,936 396,032 13.8% 1.5% 12.3%
Grimsby 1,679,779 2,036,504 356,725 21.2% 1.5% 19.7%
Lincoln 1,427,442 1,583,489 156,047 10.9% 1.5% 9.4%
West Lincoln 530,128 548,338 18,210 3.4% 1.5% 1.9%
Wainfleet 249,394 256,677 7,283 2.9% 1.5% 1.4%
Total 56,561,351 59,348,373 2,787,022 4.9% 1.5% 3.4%
One-time EFB Levy* (1,508,400)
NTC 17-2023
October 24, 2023
Appendix 3
-----
Total Base Budget 55,052,951 59,348,373 4,295,422 7.8% 1.5% 6.3%
*In 2023 an additional one-time special levy allocation for transferred costs from St. Catharines ($1,220,633) and Welland
($287,767).Page 414 of 544
Appendix 3 - 2024 vs 2023 Cost per Household (Net of Assessment Growth)
Municipality
2023 Household
Current Value
Assessment
2023
Approved
Budget1
2023 Cost
per
Household
2024
Approved
Budget
2024 Cost
per
Household
Change
in $
Change
in %
St. Catharines 259,643 21,770,905 312 22,288,129 315 3 0.9%
Niagara Falls 262,988 14,561,963 257 15,880,479 276 19 7.6%
Welland 214,079 7,048,866 253 6,612,597 234 (19) -7.7%
NOTL 493,825 2,585,009 208 2,850,023 226 18 8.8%
Port Colborne 207,501 938,038 86 1,031,446 94 7 8.5%
Pelham 364,292 1,118,510 134 952,105 112 (22) -16.4%
Thorold 228,358 1,775,411 126 2,036,650 143 17 13.2%
Fort Erie 216,145 2,875,904 139 3,271,936 156 17 12.3%
Grimsby 400,088 1,679,779 124 2,036,504 149 24 19.7%
Lincoln 364,773 1,427,442 117 1,583,489 129 11 9.4%
West Lincoln 323,030 530,128 75 548,338 77 1 1.9%
Wainfleet 273,324 249,394 64 256,677 65 1 1.4%
Total - 56,561,351 - 59,348,373 - - -
1 2023 Approved budget includes the one-time EFB special levy payment.
NTC 17-2023
October 24, 2023
Appendix 3 Page 415 of 544
2024 FTE Summary
Position
# of
FTE
Gross
Annual
Salary Description
Bus Cleaner
1.00 $69,621
Through the budget preparation for 2023, there were
upload errors by way of omission. Prior to the upload date
of January 1st, 2023, these positions existed on site and
were staffed. The uploaded compensation budget, nor the
total headcount, included the full complement of
transferred staff at this site.
Mechanic
0.86 $93,914
Through the budget preparation for 2023, the uploaded
hours did not accurately reflect the full-time component of
the role. One of the two uploaded full-time staff, was
calculated without the 40-hour, weekly guarantee.
Service
Person 2.00 $180,360
Through the budget preparation for 2023, there were
upload errors by way of omission. Prior to the upload date
of January 1st, 2023, these positions existed on site and
were staffed. The uploaded compensation budget, nor the
total headcount, included the full complement of
transferred staff at this site.
Operators
3.00 $271,009
Through the budget preparation for 2023, there were
upload errors by way of omission. Prior to the upload date
of January 1st, 2023, these positions existed on site and
were staffed. The uploaded compensation budget, nor the
total headcount, included the full complement of
transferred staff at this site.
Total FTE
Upload
Errors
6.86 $614,904
-
Supervisor
Fleet
Maintenance
1.00 $115,117
While working through the transitionary period since
January 1st, 2023, staff have identified an operational gap
in supervision within the fleet maintenance department.
To date, approximately 57 per cent of working hours are
not captured with supervisory coverage. Supervisory staff
play a critical role in employee safety, service delivery,
NTC derived initiatives, and assistance in project
management.
NTC 17-2023
October 24, 2023
Appendix 4
Page 416 of 544
Electrical/ITS
Technician 1.00 $107,848
Currently, the NTC is managing a fleet of 235 Vehicles
(revenue and non-revenue inclusive), along with 50,
current partner/contractor vehicles (NRT On-demand, BTS,
Fort Erie OnDemand, etc.) that currently have ITS
Technology onboard. As it stands, the entirety of the
network is supported by the ITS Specialist, one person.
Between in-flight and future projects, more devices and
connectivity to the buses will subsequently occur.
Service
Person 0.25 $19,024
The increase of 0.25 of Service Person is to have the part-
time Service Person position become full-time as this
position is currently working full-time hours through
overtime. This transition from part-time to full-time not only
provides stability for our workforce but also enhances
employee engagement, loyalty, and overall satisfaction.
Total NEW
FTE 2.25 $241,989
-
Digital/Media
Wesbsite
Coordinator
1.00 $93,914
In light of the increasing reliance on digital media as a
primary source for news, content consumption, and
engagement, it has become imperative to allocate a Full-
Time Equivalent (FTE) to oversee the management of the
NTC’s digital presence. This position was a temporary
position in the 2023 budget funded through a transfer of
encumbrance reserve. The position was hired in July 2023
and this position will be funded by the encumbrance
reserve for 50 per cent of the year in 2024. Not continuing
the role of the Digital Media and Website Coordinator
jeopardizes our ability to effectively communicate with our
riders whom we know are moving to on-line or smart
technologies for their information and to pay their fares or
use their UPASS, maintain a positive brand image, seize
opportunities for engagement, make data-driven decisions,
and may have long-term financial implications.
Total
GROWTH
FTE
1.00 $93,914
-
TOTAL 2024
FTE
Requests
10.11 $950,807
-
NTC 17-2023
October 24,
2023 Appendix 4
Page 417 of 544
Annual Project 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Total
Branding $787,700 ----------
Scheduling
Software 1,000,000 - - - - - - - - - 1,000,000
Replace 40'
Conventional
Buses (Note 1) 15,843,150 - - - - - - - - - 15,843,150
Refurbishment of
40' Conventional
Buses 1,071,000 - - - - - - - - - 1,071,000
Replacement of
Specialized / Para
Transit Buses 1,999,200 - - - - - - - - - 1,999,200
Replace 2 x 40'
Conventional
Buses (Note 1) 1,667,700 - - - - - - - - - 1,667,700
24-NTC-Building
Equip 250,000 - - - - - - - - - 250,000
24-NTC StCath-
Overhead Door 400,000 - - - - - - - - - 400,000
Annual - Replace
40' Conventional
Buses (Note 1) - 9,355,797 6,940,300 11,503,548 13,538,797 17,492,118 12,207,657 9,755,760 12,380,000 12,627,600 105,801,577
Replacement of
Specialized/Para
Transit Buses - 1,274,490 779,988 1,325,979 811,499 551,820 281,428 579,411 608,381 638,800 6,851,796
Replace 60'
Conventional
Buses (Note 1) - - 1,272,388 1,297,836 1,323,793 4,131,822 8,025,839
Facility
Review&Captial
Inv't (Note 1) - 3,345,120 - - - - - - - - 3,345,120
On-
Demand/Specialize
d Vehicles (Note 1) - 1,250,000 1,250,000 1,250,000 1,250,000 - - - 1,464,574 1,464,574 7,929,148
Other Transit
Capital (Note 1) - 1,184,100 1,207,785 1,231,940 1,256,580 1,281,710 1,307,345 1,333,495 1,360,165 1,387,365 11,550,485
Growth - Fleet
Expansion (Note 1) - - 4,960,040 4,960,040 4,960,040 4,960,040 4,960,040 - - - 24,800,200
Growth - Facility
Expansion - - 14,217,000 - - - - - - - 14,217,000
Total Gross Capital $23,018,750 $16,409,507 $30,627,501 $21,569,343 $23,140,709 $24,285,688 $22,888,292 $11,668,666 $15,813,120 $16,118,339 $205,539,915
Capital Reserve
Funding (Note 2) (2,095,276) (1,184,100) (2,977,921) (1,231,940) (1,256,580) (1,281,710) (1,307,345) (1,333,495) (1,360,165) (1,387,365) (15,415,897)
Development
Charges (485,434) - (12,528,616) (3,240,460) (3,240,460) (3,240,460) (3,240,460) - - - (25,975,890)
ICIP Funding (Note
3) (15,085,910) (11,164,791) (7,510,954) (11,276,220) (12,410,434) (13,231,620) (12,188,111) (7,578,781) (10,598,352) (10,802,223) (111,847,396)
Provincial Gas Tax
Funding (5,352,130) (4,060,616) (7,610,010) (5,820,723) (6,233,235) (6,531,898) (6,152,376) (2,756,390) (3,854,603) (3,928,751) (52,300,732)
Net Funding Gap $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Note 1 - ICIP Application has been approved Provincially but is pending federal approval.
Note 2 - Assumption includes approval of transfer to capital in operating budget.
Note 3 - Estimates include new funding opportunities past 2031 as ICIP ends 2031.
2024 Capital Summary & 9-year forecast NTC 17-2023
October 24, 2023
Appendix 5
Page 418 of 544
2024 Capital Program Summary
Project Name 2024
Gross
Capital
Request
% of
Budget
Description of Costs
Branding $787,700 4% Consolidation of all local and regional transit requires
rebranding on the fleet, stops and shelters to align with
the new created NTC. NTC branding is required in the
next 12 months in order to prevent confusion amongst
the most vulnerable transit riders.
Funded by:
$485,434 Development Charges
$302,266 Provincial Gas Tax
Scheduling
Software
$1,000,0
00
4% This project includes the design and creation of new
scheduling software for Niagara Regional Transit. This
project involves the purchase of a single robust
electronic scheduling software that will plan, optimize,
and enhance transit resource scheduling operations
across three geographic locations, based on the new
rules of the new Collective Bargaining Agreement
(CBA).
Funded by:
$1,000,000 – Capital Reserves
Replace 40’
Conventional
Buses
$15,843,
150
71% This project includes the replacement of vehicles
required to meet committed service levels. Based on
informal condition assessment (vehicle age, vehicle
mileage, and historical maintenance costs), these
vehicles have been identified as being 15 years old
and in need of replacement in the next 12 months. 12
years is the optimal replacement age to minimize
maintenance and in-service breakdowns. These
vehicles are three years beyond the average useful life
resulting in a high probability that these vehicles will fail
during service over the next year. When failure occurs,
these vehicles will be out of service between two
weeks and three months, affecting 400 riders per day.
Funded by:
$ 4,230,121 – Provincial Gast Tax
$11,613,029 – ICIP (pending federal approval)
Refurbishment of
40’ Conventional
Buses
$1,071,0
00
5% This project intends to refurbish 3 x 40' conventional
diesel buses to prevent failure in 2024 and increase
vehicle useful life from 12 years to 15 years. These
vehicles were identified for refurbishment based on
informal condition assessment, and optimal
NTC 17-2023
October 24, 2023
Appendix 6
Page 419 of 544
Project Name 2024
Gross
Capital
Request
% of
Budget
Description of Costs
refurbishment age of 7-8 years. These vehicles are
required to meet committed service levels.
Funded by:
$285,957 – Provincial Gas Tax
$785,043 - ICIP
Replacement of
Specialized / Para
Transit Buses
$1,999,2
00
9% This project is based on informal condition assessment
identifying these vehicles as being nine years old,
which is two years beyond industry standard of seven
years (the optimal replacement age to minimize
maintenance and in service breakdowns). These
vehicles are required to meet committed service levels
and are already two years beyond the average useful
life resulting in a high probability that these vehicles will
fail during service over the next 12 months. When
failure occurs, these vehicles will be out of service
between two weeks and three months, affecting 74
riders per day.
Funded by:
$533,786 – Provincial Gas Tax
$1,465,414 – ICIP
Replacement of 2
x 40’ Conventional
Buses
$1,667,7
00
7% These vehicles are required to meet committed service
levels. Based on informal condition assessment these
vehicles have been identified as being 15 years old
and in need of replacement in the next year. 12 years
is the optimal replacement age to minimize
maintenance in service breakdowns. These vehicles
are three years beyond the average useful life and thus
there is a very high probability that these vehicles will
fail during service over the next year. When failure
occurs, these vehicles will be out of service between
two weeks and three months, affecting 400 riders per
day.
Funded by:
$ 445,276 – Capital Reserves
$1,222,424 – ICIP (pending Federal Approval)
NTC 17-2023
October 24, 2023
Appendix 6
Page 420 of 544
WEGO Requisition Comparison
Table 1 – Original Service Hour Allocation
Local Area
Municipality
Approved
2022 Municipal
Budget
Approved
NTC 2023
Budget
Difference Service
Hours
St. Catharines 14,044,000 13,927,190 116,810) 193,499
Niagara Falls 8,128,009 9,000,394 872,385 125,048
Welland 3,479,566 4,104,835 625,269 57,031
Niagara-on-the-Lake 982,900 1,145,274 162,374 15,912
Port Colborne 165,700 407,022 241,322 5,655
Pelham 182,000 407,022 225,022 5,655
Thorold 714,390 1,061,711 347,321 14,751
Fort Erie 1,253,176 1,831,377 578,201 25,444
Grimsby 250,000 407,022 157,022 5,655
Lincoln 135,340 407,022 271,682 5,655
West Lincoln - - - -
Wainfleet - - - -
Total $ 29,335,081 $ 32,698,867 $ 3,363,786 454,305
Table 2 – Corrected Service Hour Allocation
Local Area
Municipality
Approved
2022 Municipal
Budget
Approved
NTC 2023
budget
Difference Service
Hours
St. Catharines 14,044,000 14,267,928 223,928 193,499
Niagara Falls 8,928,009 9,220,595 292,586 125,048
Welland 3,479,566 4,205,263 725,697 57,031
Niagara-on-the-Lake 982,900 1,173,294 190,394 15,912
Port Colborne 165,700 416,980 251,280 5,655
Pelham 182,000 416,980 234,980 5,655
Thorold 714,390 1,087,686 373,296 14,751
Fort Erie 1,253,176 1,876,183 623,007 25,444
Grimsby 250,000 416,980 166,980 5,655
Lincoln 135,340 416,980 281,640 5,655
West Lincoln - - - -
Wainfleet - - - -
Total $30,135,081 $33,498,867 $3,363,786 454,305
NTC 17-2023
October 24, 2023
Appendix 7
Increase for NF/CityRed Municipal Services $800,000
Page 421 of 544
1
Heather Ruzylo
To:Bill Matson
Subject:RE: 11.3 Niagara Region Correspondence - #2, CLK-C 2023-21 - Uppers Quarry
From: Lori Lococo <llococo@niagarafalls.ca>
Sent: Monday, November 13, 2023 8:53 AM
To: Bill Matson <billmatson@niagarafalls.ca>; Kira Dolch <kdolch@niagarafalls.ca>; Andrew Bryce
<abryce@niagarafalls.ca>
Cc: CouncilMembers <councilmembers@niagarafalls.ca>; Jason Burgess <jburgess@niagarafalls.ca>
Subject: 11.3 Niagara Region Correspondence - #2, CLK-C 2023-21 - Uppers Quarry
Hello Bill, Kira and Andrew:
I have copied the questions and concerns from three Fernwood residents regarding the above referenced Region
report.
Residents Comments:
Why do Notices to the Public restrict to within 240 m of the quarry "mailing notice to residents within
240 metres of the subject lands," (fourth bullet on page 1)
page 2 - Cost Acknowledgement Agreement with the applicant to cover other costs associated with the
application (i.e., aggregate advisor and peer reviews) is this agreement available to the Public?
page 2 - A Draft Regional Official Plan amendment is included as Appendix 2 . Including this draft
amendment gives the Public the impression that it has already been decided to approve the proposed
quarry. The draft amendment could have been as easily written with a negative decision, or not provided
at all. The optics to the public are not good as written.
page 3 - The JART report will be used independently by planning staff at the Region and the City as the
technical basis to develop their respective recommendation reports...does the Peer Review Report
(assuming there is one) become an Appendix to the JART report?
page 3 - In support of the ROPA application the following technical studies have been submitted . Some
of these reports have been issued several times. Notation should be made as to what revision number an d
date of each report is being considered.
page 4 - All comments submitted on this application, including those received through this Statutory
Public Meeting will be responded to by staff through a future recommendations report . This is a very
definite statement..ALL Comments...the Public will be watching.
Page 5 - By utilizing the JART process to coordinate the review of the application the Region is working
with the City of Niagara Falls Planning Department in an innovative and collaborative way. Is this the
first time that JART approach has been used?
Appendix 2 - The applicant (Walkers Aggregate Inc.) participated in pre-submission consultation . What
is the background on this pre-submission consultation, i.e., content, with who, record of meetings, etc?
Available to the Public? Backroom goings-on?
Appendix 2 - Policy 6.C.13 of the 2014 Regional Official Plan requires an amendment to the plan for
expansions of existing mineral aggregate operations outside of a “possible aggregate area”. The
proposed Uppers Quarry is not within a “possible aggregate area”, and therefore a Regional Official
Plan amendment is required. This is not an expansion but a new quarry!
Page 422 of 544
2
Appendix 2 - The Amendment will support provincial policy that aims to protect a long term supply of
mineral aggregate resources by making available as much mineral aggregate resource as is realistically
possible as close to markets as possible. Very vague and subject to interpretation "as close to markets as
possible" ! Why were other sites in Niagara Region not considered?
Appendix 2 - Based on the Region’s review of the Planning Act, 1990, the Provincial Policy Statement
(2020), the Growth Plan for the Greater Golden Horseshoe (2020), the Regional Official Plan, and
public and agency consultation, Regional staff is of the opinion that the Amendment has appropriate
regard for matters of Provincial Interest as set out in S. 2 of the Planning Act; is consistent with the
Provincial Policy Statement; conforms, or does not conflict, with Provincial Plans; conforms to the
intent of the Regional Official Plan; represents good planning; and, is in the public interest. I don't
think the last wording is appropriate...in the public interest! What public?
Appendix 2 - That this By-Law shall come into force and take effect on the day after the last day of
appeal provided no appeals have been received. Are these appeals to the Region or to who?
Appendix 3 - 48. Updated Economics Benefits Study, prepared by Prisim, dated February 2023. The
spelling of the firm's name is Prism...has the report been reviewed?
an overall comment related to the fact that OMB approved Fernwood subdivision, knowing full well that
potential aggregate sources were underneath the future houses, and nearby..Why are you even
considering this request of a zoning change.
Should there be some recognition that the proposed quarry, if approved to proceed, will be the closest
quarry to a residential in Ontario?
_________
Page 1:
Q: Does this letter mean that it is only a recommendation to approve a Report to the City of
NF & NPCA (PDS 33-2023) ?
APPENDIX 2 - last paragraph ... ' ... provided no appeals have been received...'
Q : Are we talking about an appeal following the NF decision? the NPCA ? Or to OLT ?
APPENDIX 2 - ' The applicant (Walker Aggregates) participated in pre-submission consultation... '
Q: What does that mean ? What were they? When were they? This has no bearing on a decision by any
Council.
My comment --- We never heard of any pre-submission meeting, never received notices, letters, etc.,
and we have lived in Fernwood for 10 years! Neither have our neighbours!
APPENDIX 2 -
My comment --- Since this is a NEW QUARRY, it will require a NEW Regional Official Plan NOT an
Amendment to the Reg. Plan.
Page 423 of 544
3
APPENDIX 2 - Public Interest ---
My comment --- the definition of public interest is ' welfare or well-being of the general public '. This
term is too loosely used by Council. It must be removed completely ! It is insulting!
KEY FACTS: Point 2: '... no decision/approvals are sought from Council at this time ' .....
Q: Which Council ? NF or Region ?
Q: Will there be an approval sought? From whom? when ? on what?
Point 4: ' Mailing' notices to residents within 240 metres.....
My comment – We didn't receive any 'mailing notice'. Fernwood is located 240 M from
proposed Uppers Quarry (NF Plan).
Page 5 - Last paragraph:
Q : What does this mean .... 'in an innovative and collaborative way ...' ?
Provide details/description of this process; this needs to be defined..
Q: How will it assessed/how will its success be measured?
page 5 of 5: Appendix 3, item 48 should be PRISM not Prisim
_________
I take exception to the supposition that this quarry addresses the Provincial Policy Statement (PPS). It does not.
For example:
The PPS section 2.3.1 says Prime agricultural areas shall be protected for long term use for agriculture. A
quarry does not meet this criteria.
Section 1.2.6.2 states that there needs to be an identified need for the proposed use. Walker has not
demonstrated the need. It also states that alternative locations for the proposed use have been evaluated. They
have not done a satisfactory evaluation of alternative sites.
Page 424 of 544
4
Section 1.2.6.1 notes that major facilities and sensitive land uses shall be planned and developed to avoid, or if
avoidance is not possible, minimize and mitigate any potential adverse affects from odour, noise, and other
contaminants...
This has not been fully demonstrated. Walker only adheres to minimum standards. A good corporate citizen
truly interested in people living near such a facility would do more.
____________
Thank you.
Lori
Lori Lococo
Niagara Falls City Councillor
Home: 905 357 5902
Cell: 905 931 6370
Page 425 of 544
PO Box 488 Office Phone:(807)852-3244
201 Atwood Avenue W‘Clerk Phone:(807)852-3978$3 Fax:(807)852-3553
’It
Rainy River,ON “£‘Email:rainyriver@tbaytel.net
s!\¥
POW 1L0 .
_
.5 Website:www.rainyriver.ca
‘t’N D u 5 ‘R
/'\
Oliutnnof i?ainp mum
RESOLUTION
/
MOVEDBY DATE:October 10,2023
SECONDED BY RESOLUTION:23-020
“WHEREAS the Corporation of the Town of Rainy River is a small community in Northwestern
Ontario with limited ?nancial resources;
AND WHEREAS the Town of Rainy River owns and operates the water treatment facilities,
water distribution facilities,wastewater treatment facilities and wastewater collection facilities
which service the residents of the Town of Rainy River;
AND WHEREAS the Town of Rainy River requires Class II Water Treatment Operators for its
facilities;
AND WHEREAS the Corporation of the Town of Rainy River attempts to provide training as
prescribed by the Province of Ontario to obtain the necessary c1assi?cation(s);
AND WHEREAS the Town of Rainy River has been fortunate in obtaining a full staff
compliment eager to take on the responsibilities of water treatment and distribution and
wastewater collection and treatment operations;
AND WHEREAS any new employees of the Town of Rainy River require certi?cation;
AND WHEREAS training is becoming increasingly dif?cult to procure;
AND WHEREAS the Province of Ontario has implemented stringent review of water treatment
plants to ensure compliance;
Page 426 of 544
AND WHEREAS the Province of Ontario is promoting and providing an increased number of
training opportunities for a variety of trades;
BE IT HEREBY RESOLVED that the Corporation of the Town of Rainy River petitions the
ProvinceofOntario to expand water treatment training opportunities for communities within
Ontario;
AND FURTHER the training be delivered in a method that is ?exible and affordable;
AND FURTHER utilize existing networks,such as Contact North,for on-line exam preparation
and exam supervision;
AND FURTHER the Council of the Corporation of the Town of Rainy River forward copies of
thisresolution to Premier Doug Ford,Minister of Environment,Conservation and Parks Andrea
Khanjin,MPP Greg Rickford,Walkerton Clean Water Centre,Ontario Municipalities.”
ABSTAIN CARRIED
AYES DEFEATED
NAYES
D.ARMSTRONG
D.EWM¢D
J.HAGARTY
B.HELGESON
NJVALL
M.KREGER
G.PROST
Hlllll
in the heart of Ontario"s Sunset Country
Page 427 of 544
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
October 27, 2023
Re: Support for Bill 21, Fixing Long-Term Care Amendment Act
At its Council Meeting of October 24, 2023, the Council of the Corporation of the City of
Cambridge passed the following Motion:
WHEREAS the care, support, and happiness of older adults in Cambridge is a prio rity
for City Council;
WHEREAS older adults deserve dignity in care and should have the right to live with
their partner as they age;
WHEREAS within the Province of Ontario couples do not have the right to be
accommodated together when entering long term care facilities;
WHEREAS the separation of spouses upon entering long term care facilities is a
common occurrence across Ontario;
WHERAS Bill 21, Fixing Long-Term Care Amendment Act (Till death do us part) was
first introduced in the provincial legislature in 2019 and was reintroduced in 2022;
WHEREAS Bill 21 amends the Residents’ Bill of Rights set out in section 3 of Fixing
Long-Term Care Act, 2021 by adding the right of residents not to be separated from
their spouse upon admission and to have accommodation made available for both
spouses so they may continue to live together;
WHEREAS Bill 21 passed its second reading in the provincial legislature on
November 15, 2022 and was subsequently ordered referred to the Standing
Committee on Social Policy and has since yet to be called to the Standing Committee;
WHEREAS the Conservative provincial Government may bring forward a new Bill that
in principle supports the intent of Bill 21 to fix the Long -Term Care Amendment Act;
BE IT RESOLVED THAT the City of Cambridge supports any future Bill to fix the
Long-Term Care Amendment Act;
Page 428 of 544
AND THAT the City of Cambridge requests the provincial legislature enact any current
and future proposed Bills to fix the Long-Term Care Amendment Act.
AND FURTHER THAT the City Clerk be directed to send a copy of this motion to the
Region of Waterloo, Province of Ontario, The Honourable Premier of Ontario, The
Right Honourable Provincial Members of Parliament, 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. Premier Ford
Hon. Provincial Members of Parliament
Region of Waterloo
Province of Ontario
All Ontario Municipalities
Page 429 of 544
1
Heather Ruzylo
Subject:RE: [EXTERNAL]-Letter of support and or to speak at council URGENT
From: Cav. Antonio Caruso B.A <
Sent: Thursday, November 9, 2023 3:34 PM
To: Bill Matson <billmatson@niagarafalls.ca>; CouncilMembers <councilmembers@niagarafalls.ca>
Subject: [EXTERNAL]-Letter of support and or to speak at council URGENT
Importance: High
Dear City council,
I am wriƟng to formally request the opportunity to speak at the council meeƟng on Tuesday in order to seek support
from Council.
I would like to bring to your aƩenƟon that I was the runner up from outside of Toronto to be a bencher of the Law
Society. For your reference, a bencher is akin to a member of the provincial Parliament for all of Ontario.
It is important to note that the current bencher, Moriah, is no longer providing legal services, which is a requirement
stated in Bylaw 3 of the Law Society and Law society Act of secƟon 16 subsecƟon 1 and 4. You can find more informaƟon
on this maƩer in the aƩached document, which contains she is not providing legal services. If granted the posiƟon of
bencher, I would be the first person in the history of Niagara Falls and the enƟre province of Ontario to be an elected
bencher outside of Toronto. hƩps://lso.ca/about-lso/legislaƟon-rules/by-laws/by-law-3
In addiƟon, MPP Wayne Gates' office will be submiƫng an emergency ministerial complaint directly to Doug Downey,
the AƩorney General of Ontario. Given these circumstances, I kindly request your support. I would appreciate it if you
could confirm whether you are able to accommodate a leƩer or if I will be allowed to speak at council.
Thank you for your aƩenƟon to this maƩer.
Regards,
Cav. Antonio Caruso B.A
Caruso Legal Services Paralegal
Office: 289-271-0488
Fax: 289-271-9628
www.tonycaruso.ca
Litigation Paralegal / Officer of the Court / Notary Public and Commissionaire of Oaths
WARNING RESPECTING CLIENT INSTRUCTIONS: From time to time our spam filters may eliminate a legitimate e-mail from clients. If your e-
mail contains important instructions, please ensure that we acknowledge receipt of those instructions.
CONFIDENTIALITY WARNING: This message and any attachments are intended only for the use of the intended recipient(s), are confidential
and may be privileged. If you are not the intended recipient, you are hereby notified that any review, retransmission, conversion to hard
Page 430 of 544
2
copy, copying circulation or other use of this message and any attachments is strictly prohibited. If you are not the intended recipient,
please notify the sender immediately by return e-mail, and delete this message and any attachments from your system. Thank you.
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 431 of 544
11/9/23,11:14 AM -Member |Law Society of Ontario
Law Society Barreau
of Ontario de l‘Ontario
Paralegal Contact Information
Deborah June Moriah
MailingName Trusteeships
Deborah Moriah None
Law Society Number _,_
.Current Practice Restrictions
P12449 None
Class of Licence
Paralegal(P1)Current Regulatory Proceedings
None
Status
Not Providing LegalServices —Employed Regulatory History
Business Name None
Moriah Paralegal:Legal &Admin Services
Business Address
2967 Dundas St.W#1463Toronto,OntarioM6P
1Z2
Phone
1647 797 4363
EmailAddress
deborah@moriahparalegal.com
https://lso.ca/public-resourcesl?nding-a-lawyer-or-paralegalidirectory-search/member?MemberNumber=P12449 1/2
Page 432 of 544
11/9/23,11:14 AM Member |Law Society of Ontario
The information in this directory was prepared Thursday November 9,2023 at 7:16 AM.
The directory includes regulatory history information from February 27,1986 onward.
Discipline and other regulatory hearings that resulted in the ordering of a "Reprimand in
Committee"or an "Admonition",while public,are not publishable and,therefore,are not
included in this directory.It takes time for the directory to be updated with certain
regulatory information.Contact the Law Society to ensure you have complete,up-to-date
information.Your use ofthis directory is governed by and subject to the LegalNotice.You
should check the Jggal Notice from time to time to keep informed of any changes or
additions.
https:/Ilso.ca/public-resourcesl?nding-a-|awyer—or—paraIegaI/directory-search/member?MemberNumber=P1 2449 2/2
Page 433 of 544
11/9/23,11:18AM Law Society Act.R.S.O.1990,c.L.8
Ceasing to be bencher
(4)A person who is elected as a bencher under subsection (1)or who holds the of?ce of elected bencher under subsection (3)ceases
to be a bencher if the person ceases to be licensed to practise law in Ontario as a barrister and solicitor.2006,c.21,Sched.C,s.15.
Section Amendments with date in force (dlrnly)[+1
Regions
(2)If the by-laws so require.the benchers elected under subsection (1)shall be elected for regions prescribed by the by—|aws.2006,
c.21.Sched.C,s.16.
Vacancies
(3)Any vacancies in the of?ces of benchers who are licensed to provide legal services in Ontario may be ?lled in accordance with the
bylaws.2006,c.21,Sched.C,s.16.
Ceasing to be bencher,.
I V‘:--.v_4'2:..~«'-s.‘V .8
'
H U .._.
he?f the person ceases to be li'é?§ri’s‘e'd‘?3‘FrB‘l‘/i?é'le‘gaservices in Onfari
.-vial 9‘s|nI.>1n;"
6‘!2006,c.
(5)-(7)REPEALED:2013.c.17,s.3 (4).
Section Amendments with date in force (dlmly)[+1
17-21 REPEALED:1998,c.21,s.11.
Section Amendments with date in force (dlmly)[+1
Removal for non-attendance
22 The benchers may remove from office any elected bencher who fails to attend six consecutive regular Convocations.R.S.O.1990,
c.L.8,s.22.
Lay benchers
23 (1)The Lieutenant Governor in Council may appoint eight persons who are not licensees as benchers.2006,c.21,Sched.C,
s.17 (1).
Term of office
(2)Every appointment under subsection (1)expires immediately before the ?rst regular Convocation following the ?rst election of
benchers under subsection 15 (1)that takes place after the effective date of the appointment.2006,c.21,Sched.C,s.17 (2).
Reappointment
(3)A person appointed under this section is eligible for reappointment.1998,c.21,s.12.
Deemed reappointment
(4)A person whose appointment expires under subsection (2)shall be deemed to have been reappointed until his or her successor
takes of?ce.1998,c.21,s.12.
Termination of appointment
(5)A person's appointment under this section is terminated if the person becomes a licensee.2006,c.21,Sched.C,s.17 (3).
https://www.ontario.ca/laws/statutel90|08#BK23 14/78
Page 434 of 544
1
The Niagara Falls Shadow Council
"The Official Opposition Party of the City of Niagara Falls 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 #11-14-2023-09
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 8.1
R&C-2023-13 City Outdoor Pools Update
Council,
It is recommended to operate the outdoor pools until they reach their economic life span,
this includes increasing our annual spend on repairs and maintenance on our outdoor
pools.
Direct staff to complete a strategic review of its aquatic services as well as undertake a
feasibility study to determine the need for a new indoor pool, cost and possible locations.
To decommission and demolish the EE Mitchelson pool and building in order to avoid
the anticipated $893,000 of immediate repairs. Approximate cost to decommission and
demolish the pool is $100,000.
To work with the EE Michelson community to determine another investment in the park
for the community.
Further an indoor pool should be considered for the downtown area in anticipation of the
15,000 students that the Mayor and Councilor Strange declared would be coming to the
Downtown area.
.
Page 435 of 544
2
Page 436 of 544
3
Joedy Burdett
President of the Niagara Falls Shadow Council
"The Official Opposition Party of the City of Niagara
Falls 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 and "The Official Opposition Party of the City of Niagara Falls
Council" are 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 437 of 544
1
The Niagara Falls Shadow Council
"The Official Opposition Party of the City of Niagara Falls 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 #11-14-2023-10
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 8.2
L-2023-22 Further Update on Strong Mayors Legislation Our File
No.: 2022-168
Council,
It is recommended to receive the report and attachments for information
.
Page 438 of 544
2
Joedy Burdett
President of the Niagara Falls Shadow Council
"The Official Opposition Party of the City of Niagara
Falls 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 and "The Official Opposition Party of the City of Niagara Falls
Council" are 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 439 of 544
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 #11-14-2023-11
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 8.3
MW-2023-29 Revisions to the 2023 Road Resurfacing Mill & Pave
Program
Council,
It is recommended to receive the report and attachments for information
.
Page 440 of 544
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 are 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 441 of 544
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 #11-14-2023-12
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 8.4
MW-2023-31 Electric Vehicle Charger and Vehicle Infrastructure
Update
Council,
It is recommended to approve the Electric Vehicle Charger and Vehicle Infrastructure
implementation plan outlined in the report;
Direct staff to apply for provincial grant funding under the EV ChargeON Program as
outlined in the report;
Approve of the re-prioritization of existing and contingent budget approvals totaling
$120,000 in support of this initiative; and,
Delegate authority to the General Manager of Municipal Works / City Engineer to
execute all necessary grant applications, transfer payment agreements, purchase
requisitions, and vendor agreements in order to accomplish the first phase of the
implementation plan.
.
Page 442 of 544
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 are 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 443 of 544
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 #11-14-2023-13
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 8.5
PBD-2023-70 Permitting 4 Dwelling Units in a Dwelling in Urban
Residential Areas
Council,
It is recommended to authorize staff to prepare an amendment to change the Official Plan
and Zoning By-law No. 79-200 to consider permitting four(4) dwelling units in a
dwelling on urban serviced residential lands where detached, semi-detached, duplex and
townhouse dwellings are permitted.
Direct staff to forward this recommendation to the Canada Mortgage and Housing
Corporation and the Federal Minister of Housing, Infrastructure and Communities.
.
Page 444 of 544
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 are 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 445 of 544
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 #11-14-2023-14
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 8.6
PBD-2023-69 (Report added) Response to Rodent Control Efforts in
the City
Council,
It is recommended to receive report PBD-2023-69 as information.
.
Page 446 of 544
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 are 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 447 of 544
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 #11-14-2023-15
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 9.1
F-2023-31 2023 Q3 Parking Fund Budget to Actual Variance
(Unaudited)
Council,
It is recommended the Parking Fund Budget to Actual Variance report for the period
ended September 30, 2023 be received.
.
Page 448 of 544
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 are 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 449 of 544
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 #11-14-2023-16
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 9.2
MW-2023-30 Appointment of Drainage Engineer
Council,
It is recommended to appoint K. Smart Associates Limited as the Drainage Engineer to
examine the area requiring drainage, as described in the Petition for Drainage Works for
5981 Willow Road dated June 6, 2023, and prepare a report pursuant to the Drainage Act,
R.S.O. 1990.
.
Page 450 of 544
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 are 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 451 of 544
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 #11-14-2023-17
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 9.3
MW-2023-33 Single Source Purchase Request and Capital Budget
Amendment – Trails & Active Transportation Master Plan
Council,
It is recommended to approve a capital budget amendment to reallocate the uncommitted
funds from the Transportation Master Plan to the Trails & Active Transportation Master
Plan;
Approve a single source procurement in accordance with By-Law No. 2021-04, Section
18(a)(i) Single and Sole Purchases with WSP Canada Inc. for the provision of consulting
services to undertake the City’s Trails & Active Transportation Master Plan;
Provide delegated authority to the Chief Administrative Officer and the General Manager
of Municipal Works to execute the necessary agreements..
Page 452 of 544
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 are 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 453 of 544
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 #11-14-2023-18
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 10.1 - 10.2
Flag-Raising Request - Crime Stoppers of Niagara
Proclamation Request - Talk to a Stranger Week
Council,
It is recommended to approve the Flag Raising and Proclamation requests.
Page 454 of 544
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 are 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 455 of 544
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 #11-14-2023-20
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 11.1, 11.3 - 11.6
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
Council,
It is recommended to receive and file 11.1, 11.3 to 11.6.
Page 456 of 544
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 are 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 457 of 544
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 #11-14-2023-21
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 11.2
Annual Report from the Integrity Commissioner
Council,
"It is also my view that certain provisions of the Code still need to be reviewed and
perhaps updated in order to provide a more fulsome and accurate response to the
requirements of the provisions of the Municipal Act and the MCIA in light of the
requirements of Bill 68 which is now in force. The Code is a living document and should
be reviewed at periodic intervals to make sure it adequately meets the needs of the City,
its Members of Council and its Residents."
The Ombudsman's Office has been requested to further review the City's Code of
Conduct and how the Integrity Commissioner interpretations certain provisions of the
Code.
It has been revealed that the IC interpretations of the filing fee requirement can result in
filing fees exceeding $4,000 in some cases.
It is recommended to remove the $500 filing fee.
Further, the filing form needs to be rewritten to clarify certain provisions of the Code.
I will be glad to consult on the revisions.
Page 458 of 544
2
Page 459 of 544
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 are 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 460 of 544
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 #11-14-2023-22
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 12.1
Niagara Shriners Parade - June 8, 2024 - Street Closure Permit
Council,
It is recommended to refer to staff.
Page 461 of 544
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 are 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 462 of 544
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 #11-14-2023-23
Tuesday November 14, 2023
Comments for the 11 14 2023 Council Meeting Agenda Item 12.2
Niagara Falls Hydro Holding Corporation (HOLDCO) - Memo to
Council
Council,
It is recommended to receive the Niagara Falls Hydro Holding Corporation Updates for
Information.
Page 463 of 544
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 are 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 464 of 544
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 #11-14-2023-02
Tuesday November 14, 2023
Comment for the 11 14 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 324 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 465 of 544
2
Page 466 of 544
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 467 of 544
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 #11-14-2023-03
Tuesday November 14, 2023
Comment for the 11 14 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 681 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 468 of 544
2
Page 469 of 544
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 470 of 544
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 #11-14-2023-01
Tuesday November 14, 2023
Comment for the 11 14 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,
362 days Council Members,
362 failures ...
Page 471 of 544
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 472 of 544
9°44»
9).\«..../2:5197$
uuu-umnun
Jun:
(hing Allegiance hr and Upcuung hy pcunmmn 1-IRAMIEHESTl3MPI.l‘,N0..1.‘'l()KON [DA A 0.N.M S.
562]North Street.Niagara Falls,Ontario L2G H4 (905)358-‘)!10
Dear Mr.Mayor and members of the Council xi/.'£‘l:I
LETTER OF INTENT
Each spring usually in June Rameses Shriners,a fraternal organization headquartered
in Toronto holds a “Ceremonial”or convention for all of its members.
This event is held in different municipalities each year and is hosted by the local club,
in this case,June 8 2024,hosted by the Niagara Shrine Club.
This event allows Shriners International,Rameses Shriners and the Niagara Shrine
Club to showcase to the community our philanthropy,Shriners Hospitals for Children.
The weekend itinerary involves business meetings,social events and a parade to
celebrate the occasion of our newest members and to give visible recognition to
Shriners International.This parade is always held on Saturday afternoon.
The intent set forth in this application is to satisfy the necessary requirements to hold
this parade.
Noble Gary AtackParadeChair2024NiagaraShrineClubwww.niagg;ashrineclub.com (905)358-9110 niaga1‘ashrine@cogeco.caPage 473 of 544
HISTORY OF THE SHRINERS PARADE
The actual full name of the organization is Shriners International.It is
international in scope and exists as a fraternal brotherhood of
approximately 300,000 plus members,whose mandate is to raise money
for the 20 hospitals that we operate.To attract the attention of the public,
parades are held annually.
Our hospitals serve the needs of children under the age of 18 who have
been severely burned or are suffering from orthopedic afflictions,as well as
research and development of procedures for spinal injury and brittle bone
disease.
All treatments,surgeries and therapies are provided free with no charges to
the patients or their families.
The event we wish to host is a parade for the 36 Rameses Shrine Clubs in
Ontario.The Niagara Shrine Club will host approximately 1500 Shriners
and their families at a convention weekend and part of that is the parade to
give the organization visibility in the community.Not all the delegates or
attendees will be involved in the parade.
Likewise,there will be no fundraising involved with the parade or any of the
events on the weekend.
Niagara Shrine Club and Rameses Shrine Centre are non-profit
organizations
EVENT INFORMATION
Event:Rameses Shriners Parade
Date:June 8,2024
Time:1 pm to 2:15 pm
how many are with each float.We expect at least 50 but not more than 60floats.Appropriate insurance is in place.Previous years have seen usually about 300 participants on approximately50floats.The parades are in smaller communities that do not have thePage 474 of 544
accommodations,tourist attractions or the allure of the Falls.For this
reason,we feel that there will be a larger number of floats.All the
participants are members of the organization,no outside participation is
allowed.The average age of all involved is probably around 50 years old.
Units in the parade consist of various motorized floats and or vehicles and
approximately 60 are expected.Also expected are 2 marching bands,there
are no live animals involved (horses or dogs)
SITE INFORMATION
The event we are requesting is a parade with no fixed address but the
proposed route is approximately 1.4 km and involves the same route as the
annual Niagara Falls Santa Clause Parade in which we annually
participate.
The enclosed map shows the route forming up on Jepson,turning left on
Victoria to Valley Way then easterly on Queen St.to Erie.Dispersal will
take place just outside of City Hall.
Method of travel will be by various motorized floats or parade units
Any emergency plans will not be finalized until meeting with municipal and
police officials.St.John Ambulance will be on hand for any medical
emergencies.
Part of our organization is a unit called the Provost Corp.it is a motorcycle
unit made up of off-duty or retired police officers trained in traffic control.
They assist with escort duties during the parade and can assist local
authorities or security at major intersections when requested.
Volunteers will man barricades at intersections and if possible wouldPage 475 of 544
e
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STANDARD CERTIFICATE OF.INSURANCE
This form must be completed and signed by your insurer or insurance broker.
Note:
1.Proof of insurance will be accepted on this form only (with no amendments).
2.Insurance company must be licensed to operate in Canada.
This Is to certify that the Insured,named below,is insured as described below.
Insured:Name &Address:Telephone Number:
Niagara Shrine Club )
_I24 Oueens Plate.Toronto.ON M9W 0134 58XNj?bef.
Location and nature of operation or contract to which this Certi?cate applies:
Niagara Falls Santa Claus Parade
November 18.2023
Policy DatesTypeofinsuranceCompany&Policy #Limits of Liabi|ltyIAmounts
"Effective
Se t'1 -P 'ar Bodil ln'u &Pro ert DamaCorI;1rIit’aIrIcialGeiiIeIirIaly 3I,cg0I86sIi:l)n7c‘:3CanadaLtd23/02/28 -24/02/28 :?fmoj0:0p y 5“:inclusiveLiability(Occurrence Basis)=..;.'__________.Aggregate
$_______,DeductibleSection2
A M C d Ltd
Bodily injury &Property Damage
Automobile Liability F0 nsufance 303 3 _
ClCAB5329203 23/02/28 24/02/28 5 $2.000.000 Inclusive
§;’..‘f.‘l§’r't‘i.?.i..........Trivointmc 23/02/28-24/02/28 is 000000TPU010345.’’_lncluslve
Section 4
Additionalinsureds as required by contract:
1.The Corooratlon of the Cilv of Niaaara Falls
It is hereby understoodand agreed that The Corporation of City of Niagara is added as AdditionalInsured(s)to the Commercial2-olllel-'.General Liability policy,but only with respect to legal liability arising out of the operations of the Named Insured __
PROVISIONS/AMENDMENTSIENDORSEMENTS:
A CommercialGeneral Liabilityinsurance (and Excess,ii any)is extended to include the iollovnngcoverage:Cross Liabilityand Severabi?tyof Interest Clause.Premises and Operations Liability,BlanketContractualLiability.Products/Cornpleled Operations,Personal injury,and Non-OwnedAutomobileLiability.
ii.With reaped to the CommercialGeneral Liebiity Insurance (and Excess,it any),THECORPORATIONOF THE CITY OF NIAGARAFALLS,its oillcers andlor oiiicials,employees and volunteers (and'other‘)entities as outlined in Sectlon4 above)have been added as Addtlenal insueds but only with respect to liabilityarising out of the operations oi the Named Insured.C.The CommercialGenerality LiabilityInsurance (and Excess,it any)Policyiles)identi?edabove shall protect each insured in the same manner and to the same extent as though a separate Policy hasbeenissuedtoeach,but shall not increase the Limitsof Liatilityas identmedabove beyond the amount or amounts forwhich the company would be liable ifthere had been only one Insured.Any failuretocomplywithanyprovisionoftheInsurancePolicybytheNamedInsuredshallnotattractcoverageprovidedtoTheCorporationoftheCityofNiagaraFalls.D.The Poicytles)identi?ed above shall apply as primary insurance and not excess to any other insurance available to THE CORPORATIONOF THE CITYOF NIAGARAFALLS.E.If cancelled or changed to reduce the coverage as outlined on this Certi?cate,during the period oi coverage as stated herein,thirty (30)days (ten (10)days it cancellation is due to non-payment ofpremium)prior writtennoticeby registered mailwillbe given by the lnsureris)to:
THECORPORATIONOF THE CITYOF NIAGARAFALLS
LEGALSERVICES
4310 QUEEN STREET,P.O.BOX 1023
NIAGARA FALLS,ONTARIO L2E 6X5
This certificate is executed and Issued to the aforesaid The Corporation of the Cig of Niagara Falls,the dy_and date linroln written below.
(416)2594625Address:2375 Skymark Avenue,Mississauga ON [AW 4Y6 faxNu)mber:Name of authorized representative or official iorint please):Signaturmg?aggbggiaad representative or official:Date (year,month,day):Najma SharafNabi I;'.""""°'“'hc‘09/12/202';PROOF OF LIABILITYINSURANCEWILLBE ACCEPTED ON THIS I"-'ORM'ONLY(WITHNO AMENDMENTS)Page 477 of 544
Page 1 of 1
Niagara Falls Hydro Holding Corporation
4310 Queen Street, P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Memo
To: Mayor James Diodati,
Members of Niagara Falls City Council
From: Tiffany Clark, Treasurer
Date: November 14, 2023
Re: Niagara Falls Hydro Holding Corporation Updates
RECOMMENDATION
THAT Council receive the Niagara Falls Hydro Holding Corporation Updates for
Information
ANALYSIS
Niagara Falls Hydro Holding Corporation is wholly owned by the City of Niagara Falls.
As the shareholder, please accept receipt to the Niagara Falls Hydro Holding
Corporation 2022 Consolidated Audited Financial Statements approved by the Niagara
Falls Hydro Holding Corporation Board on September 12, 2023.
As the shareholder, please be advised that a dividend of $670,600, payable to the
Corporation of the City of Niagara Falls for the year ended December 31, 2023 was
declared by the Niagara Falls Hydro Holding Corporation Board on October 24, 2023.
LIST OF ATTACHMENTS
1. Niagara Falls Hydro Holding Corporation 2022 Consolidated Audited Financial
Statements.
Page 478 of 544
Consolidated Financial Statements of
NIAGARA FALLS HYDRO
HOLDING CORPORATION
And Independent Auditor’s Report thereon
Year ended December 31, 2022
Page 479 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Table of Contents
Year ended December 31, 2022
Page
Independent Auditor’s Report
Consolidated Financial Statements
Consolidated Statement of Financial Position ............................................................................. 1 - 2
Consolidated Statement of Comprehensive Income ........................................................................ 3
Consolidated Statement of Changes in Equity ................................................................................ 4
Consolidated Statement of Cash Flows ........................................................................................... 5
Notes to Consolidated Financial Statements .............................................................................. 6-34
Page 480 of 544
KPMG LLP
80 King Street, Suite 620
St. Catharines ON L2R 7G1
Canada
Tel 905-685-4811
Fax 905-682-2008
KPMG LLP, an Ontario limited liability partnership and member firm of the KPMG global organization of independent
member firms affiliated with KPMG International Limited, a private English company limited by guarantee.
KPMG Canada provides services to KPMG LLP.
INDEPENDENT AUDITOR’S REPORT
To the Shareholder of Niagara Falls Hydro Holding Corporation:
Opinion
We have audited the accompanying financial statements of Niagara Falls Hydro Holding
Corporation (the “Entity”) which comprise:
the consolidated statement of financial position as at December 31, 2022
the consolidated statement of comprehensive income for the year then ended
the consolidated statement of changes in equity for the year then ended
the consolidated statement of cash flows for the year then ended
and notes to the consolidated financial statements, including a summary of
significant accounting policies and other explanatory information
(Hereinafter referred to as the “financial statements”).
In our opinion, the accompanying financial statements present fairly, in all material
respects, the consolidated financial position of the Entity as at December 31, 2022, and
its consolidated financial performance and its consolidated cash flows for the year then
ended in accordance with International Financial Reporting Standards (IFRS).
Basis for Opinion
We conducted our audit in accordance with Canadian generally accepted auditing
standards. Our responsibilities under those standards are further described in the
''Auditor’s Responsibilities for the Audit of the Financial Statements'' section of our
auditor’s report.
We are independent of the Entity in accordance with the ethical requirements that are
relevant to our audit of the financial statements in Canada and we have fulfilled our other
responsibilities in accordance with these requirements.
We believe that the audit evidence we have obtained is sufficient and appropriate to
provide a basis for our opinion.
Page 481 of 544
Page 2
Responsibilities of Management and Those Charged With
Governance for the Financial Statements
Management is responsible for the preparation and fair presentation of the financial
statements in accordance with International Financial Reporting Standards (IFRS), and
for such internal control as management determines is necessary to enable the
preparation of financial statements that are free from material misstatement, whether due
to fraud or error.
In preparing the financial statements, management is responsible for assessing the
Entity's ability to continue as a going concern, disclosing, as applicable, matters related to
going concern and using the going concern basis of accounting unless management either
intends to liquidate the Entity or to cease operations, or has no realistic alternative but to
do so.
Those charged with Governance are responsible for overseeing the Entity's financial
reporting process.
Auditor’s Responsibilities for the Audit of the Financial
Statements
Our objectives are to obtain reasonable assurance about whether the financial statements
as a whole are free from material misstatement, whether due to fraud or error, and to
issue an auditor’s report that includes our opinion.
Reasonable assurance is a high level of assurance, but is not a guarantee that an audit
conducted in accordance with Canadian generally accepted auditing standards will always
detect a material misstatement when it exists.
Misstatements can arise from fraud or error and are considered material if, individually or
in the aggregate, they could reasonably be expected to influence the economic decisions
of users taken on the basis of the financial statements.
As part of an audit in accordance with Canadian generally accepted auditing standards,
we exercise professional judgment and maintain professional skepticism throughout the
audit.
We also:
Identify and assess the risks of material misstatement of the financial statements,
whether due to fraud or error, design and perform audit procedures responsive to
those risks, and obtain audit evidence that is sufficient and appropriate to provide a
basis for our opinion.
The risk of not detecting a material misstatement resulting from fraud is higher than
for one resulting from error, as fraud may involve collusion, forgery, intentional
omissions, misrepresentations, or the override of internal control.
Page 482 of 544
Page 3
Obtain an understanding of internal control relevant to the audit in order to design
audit procedures that are appropriate in the circumstances, but not for the purpose of
expressing an opinion on the effectiveness of the Entity's internal control.
Evaluate the appropriateness of accounting policies used and the reasonableness of
accounting estimates and related disclosures made by management.
Conclude on the appropriateness of management's use of the going concern basis of
accounting and, based on the audit evidence obtained, whether a material uncertainty
exists related to events or conditions that may cast significant doubt on the Entity's
ability to continue as a going concern. If we conclude that a material uncertainty exists,
we are required to draw attention in our auditor’s report to the related disclosures in
the financial statements or, if such disclosures are inadequate, to modify our opinion.
Our conclusions are based on the audit evidence obtained up to the date of our
auditor’s report. However, future events or conditions may cause the Entity's to cease
to continue as a going concern.
Evaluate the overall presentation, structure and content of the financial statements,
including the disclosures, and whether the financial statements represent the
underlying transactions and events in a manner that achieves fair presentation
Communicate with those charged with governance regarding, among other matters,
the planned scope and timing of the audit and significant audit findings, including any
significant deficiencies in internal control that we identify during our audit.
Obtain sufficient appropriate audit evidence regarding the financial information of the
entities or business activities within the group Entity to express an opinion on the
financial statements. We are responsible for the direction, supervision and
performance of the group audit. We remain solely responsible for our audit opinion.
Chartered Professional Accountants, Licensed Public Accountants
St. Catharines, Canada
September 12, 2023
Page 483 of 544
1
NIAGARA FALLS HYDRO HOLDING CORPORATION
Consolidated Statement of Financial Position
Year ended December 31, 2022, with comparative information for 2021
Note 2022 2021
Assets
Current assets
Cash and cash equivalents $ 13,144,496 $ 13,680,644
Accounts receivable 17,256,756 18,929,090
Unbilled revenue 13,709,751 13,597,694
Income taxes receivable 705,813 475,362
Materials and supplies 4 2,840,766 2,146,942
Prepaid expenses 2,118,591 1,956,178
Total current assets 49,776,173 50,785,910
Non-current assets
Property, plant and equipment 5 253,552,065 235,413,363
Intangible assets 6 8,779,769 9,005,946
Right-of-use assets 7 5,506,697 6,019,361
Advances to Energy Services Niagara Inc. 5,000 5,000
Goodwill 9,246,184 9,246,184
Deferred taxes 13 14,248,730 12,758,247
Total non-current assets 291,338,445 272,448,101
Total assets 341,114,618 323,234,011
Regulatory balances 9 16,026,535 10,326,433
Total assets and regulatory balances $ 357,141,153 $ 333,560,444
Page 484 of 544
2
NIAGARA FALLS HYDRO HOLDING CORPORATION
Consolidated Statement of Financial Position
Year ended December 31, 2022, with comparative information for 2021
Note 2022 2021
Liabilities
Current liabilities
Bank overdraft $ 369,242 $ 84,667
Non-revolving line of credit 10 5,000,000 5,000,000
Revolving credit facility 11 2,590,000 5,420,000
Accounts payable and accrued liabilities 23,174,930 22,314,584
Long-term debt due within one year 11 943,363 1,497,292
Customer deposits 938,858 1,040,923
Deferred revenue 1,731,735 1,847,292
Deferred grant revenue 1,267,314 –
Income taxes payable – 32,842
Lease liabilities 8 683,964 717,285
Total current liabilities 36,699,406 37,954,885
Non-current liabilities
Long-term debt 11 109,386,489 95,671,900
Post-employment benefits 12 3,988,520 4,929,236
Deferred taxes 13 25,462,483 21,681,643
Deferred capital contributions 41,942,906 37,978,247
Lease liabilities 8 4,895,914 5,387,618
Total non-current liabilities 185,676,312 165,648,644
Total liabilities 222,375,718 203,603,529
Equity
Share capital 14 29,210,189 29,210,189
Contributed surplus 16,275,468 16,275,468
Retained earnings 53,436,070 51,245,998
Total equity attributable to owners of the Corporation 98,921,727 96,731,655
Non-controlling interest 30,614,283 29,602,062
Total equity and non-controlling interest 129,536,010 126,333,717
Total liabilities and equity and
Non-controlling interest 351,911,728 329,937,246
Regulatory balances 9 5,229,425 3,623,198
Total liabilities, equity and non-controlling
interest and regulatory balances $ 357,141,153 $ 333,560,444
See accompanying notes to the consolidated financial statements.
On behalf of the Board:
Director Director
Page 485 of 544
3
NIAGARA FALLS HYDRO HOLDING CORPORATION
Consolidated Statement of Comprehensive Income
Year ended December 31, 2022, with comparative information for 2021
Note 2022 2021
Revenue
Distribution revenue $ 34,927,078 $ 33,052,538
Service 11,725,616 10,459,257
Other 3,125,264 2,845,974
Federal government grant 1,177,800 935,696
50,955,758 47,293,465
Sale of energy 147,724,263 144,818,398
Total revenue 15 198,680,021 192,111,863
Operating expenses
Distribution and maintenance 12,407,385 10,788,822
Utilization 778,174 735,708
Billing and collecting expenses 5,833,604 5,739,494
Administration and general 9,212,805 7,995,014
Depreciation and amortization 14,038,154 13,369,692
16 42,270,122 38,628,730
Cost of power purchased 151,711,465 146,676,937
Total expenses 193,981,587 185,305,667
Income from operating activities 4,698,434 6,806,196
Finance income 17 376,443 97,675
Finance costs 17 (3,766,402) (2,892,977)
Income before income taxes 1,308,475 4,010,894
Income tax (expense) recovery
Current 13 826,487 (284,248)
Deferred 13 (2,290,359) (596,340)
(1,463,872) (880,588)
Income (loss) for the year (155,397) 3,130,306
Net movement in regulatory balances, net of tax
Net movement in regulatory balances 4,312,274 1,740,050
Income tax 1,009,261 (318,410)
5,321,535 1,421,640
Net income, net movement in regulatory balances 5,166,138 4,551,946
Other comprehensive income
Items that will not be reclassified to profit or loss:
Remeasurements of post-employment benefits 902,329 –
Net movement in regulatory balances, net of tax (902,329) –
Other comprehensive income for the year – –
Total comprehensive income for the year $ 5,166,138 $ 4,551,946
Total comprehensive income attributable to:
Owners of the Corporation $ 3,643,917 $ 3,393,392
Non-controlling interest 1,522,221 1,158,554
$ 5,166,138 $ 4,551,946
Page 486 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION Consolidated Statement of Changes in Equity Year ended December 31, 2022, with comparative information for 2021 Total equity Total equity Attributable to and non- Share Contributed Retained owners of the Non-controlling controlling capital surplus earnings Corporation equity interests Balance at January 1, 2021 $ 29,210,189 $ 16,275,468 $ 49,293,979 $ 94,779,636 $ 28,948,508 $ 123,728,144 Net income and net movement in regulatory balances – – 3,393,392 3,393,392 1,158,554 4,551,946 Dividends – – (1,441,373) (1,441,373) (505,000) (1,946,373) Balance at December 31, 2021 $ 29,210,189 $ 16,275,468 $ 51,245,998 $ 96,731,655 $ 29,602,062 $ 126,333,717 Balance at January 1, 2022 $ 29,210,189 $ 16,275,468 $ 51,245,998 $ 96,731,655 $ 29,602,062 $ 126,333,717 Net income and net movement in regulatory balances – – 3,643,917 3,643,917 1,522,221 5,166,138 Dividends – – (1,453,845) (1,453,845) (510,000) (1,963,845) Balance at December 31, 2022 $ 29,210,189 $ 16,275,468 $ 53,436,070 $ 98,921,727 $ 30,614,283 $ 129,536,010 See accompanying notes to the consolidated financial statements. 4 Page 487 of 544
5
NIAGARA FALLS HYDRO HOLDING CORPORATION
Consolidated Statement of Cash Flows
Year ended December 31, 2022, with comparative information for 2021
2022 2021
Operating activities
Net Income $ 5,166,138 $ 4,551,946
Adjustments for non-cash items:
Amortization of intangible assets 864,258 912,364
Amortization of deferred revenue (1,353,065) (1,214,488)
Depreciation of property, plant and equipment 13,173,896 12,457,327
Post-employment benefits 286,943 83,878
Employees’ accumulated vested sick leave – (65,119)
Loss on disposal of assets 134,122 171,686
Income tax expense 1,463,872 880,388
Net finance costs 3,389,959 2,796,463
Change in non-cash operating working capital:
Accounts receivable 1,653,109 (368,092)
Accounts payable and accrued liabilities 882,599 607,620
Unbilled revenue (112,057) (676,859)
Materials and supplies (693,824) (369,532)
Prepaid expenses (163,706) (138,756)
Customer deposits (102,062) (408,465)
Deferred revenue (115,557) 35,743
Contributions received from customers 5,317,724 6,088,834
Regulatory balances (5,321,535) (1,421,640)
Income tax paid 563,193 (846,342)
Income tax received – 8,759
Interest paid (3,766,402) (2,894,135)
Interest received 376,443 97,675
Net cash from operating activities 21,644,048 20,289,255
Investing activities
Purchase of property, plant and equipment (30,750,211) (34,945,806)
Purchase of intangible assets (615,041) (111,185)
Proceeds from disposal of assets 53 132,559
Net cash used by investing activities (31,365,199) (34,924,432)
Financing activities
Dividends paid (1,963,845) (1,946,373)
Advances to/from related parties (1,734) (191,637)
Payment of lease liabilities (731,965) (707,925)
Proceeds from long-term debt 13,907,952 15,062,500
Revolving credit facility (2,830,000) 5,420,000
Repayment of long-term debt (747,294) (727,939)
Proceeds from grant funding 1,267,314 –
Net cash (used in) from financing activities 8,900,428 16,908,626
Change in cash and cash equivalents (820,723) 2,273,449
Cash and cash equivalents, beginning of year 13,595,977 11,322,528
Cash and cash equivalents net of bank overdraft, end of year $ 12,775,254 $ 13,595,977
See accompanying notes to the consolidated financial statements.
Page 488 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
6
Notes to Consolidated Financial Statements
Year ended December 31, 2022
1. Reporting entity:
Niagara Falls Hydro Holding Corporation (the “Corporation”) is a rate regulated, municipally owned
hydro distribution company and telecommunication provider incorporated under the Business
Corporations Act (Ontario). The incorporation was pursuant to the provisions of the Energy
Competition Act, 1998.
The Corporation is wholly owned by the City of Niagara Falls. The address of the Corporation’s
registered office is 4310 Queen St., Niagara Falls, Ontario, L2E 6X5.
The consolidated financial statements are for the Corporation as at and for the year ended
December 31, 2022.
2. Basis of presentation:
(a) Statement of compliance:
The Corporation's consolidated financial statements have been prepared in accordance with
International Financial Reporting Standards ("IFRS").
The consolidated financial statements were approved by the Board of Directors on
September 12, 2023.
(b) Basis of measurement:
These consolidated financial statements have been prepared on the historical cost basis,
unless otherwise stated.
(c) Functional and presentation currency:
These consolidated financial statements are presented in Canadian dollars, which is the
Corporation's functional currency.
(d) Use of estimates and judgments:
(i) Assumptions and estimation uncertainty
The preparation of financial statements in conformity with IFRS requires management to
make judgments, estimates and assumptions that affect the application of accounting
policies and the reported amounts of assets, liabilities, income and expenses and disclosure
of contingent assets and liabilities. Actual results may differ from those estimates.
Estimates and underlying assumptions are reviewed on an ongoing basis. Revisions to
accounting estimates are recognized in the year in which the estimates are revised and in
any future years affected.
Page 489 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
7
2. Basis of presentation (continued):
(d) Use of estimates and judgments (continued):
(i) Assumptions and estimation uncertainty (continued)
Information about assumptions and estimation uncertainties that have a significant risk of
resulting in material adjustment is included in the following notes:
(i) Note 3(e) – measurement of unbilled revenue
(ii) Notes 3(g, h), 5, 6 – estimation of useful lives of its property, plant and equipment
and intangible assets
(iii) Notes 9, 3(l) – recognition and measurement of regulatory balances
(iv) Note 12 – measurement of defined benefit obligations: key actuarial assumptions
(v) Note 18 – recognition and measurement of commitments and contingencies
(ii) Judgments
Information about judgments made in applying accounting policies that have the most
significant effects on the amounts recognized in the financial statements is included in the
following notes:
(i) Notes 2(e), 9 – recoverability of regulatory balances
(ii) Notes 3(o), 13 – recoverability of tax losses
(e) Rate regulation:
The Corporation is regulated by the Ontario Energy Board (“OEB”), under the authority granted
by the Ontario Energy Board Act, 1998. Among other things, the OEB has the power and
responsibility to approve or set rates for the transmission and distribution of electricity, providing
continued rate protection for electricity consumers in Ontario, and ensuring that transmission
and distribution companies fulfill obligations to connect and service customers. The OEB may
also prescribe license requirements and conditions of service to local distribution companies
(“LDCs”), such as the Corporation, which may include, among other things, record keeping,
regulatory accounting principles, separation of accounts for distinct businesses, and filing and
process requirements for rate setting purposes.
Page 490 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
8
2. Basis of presentation (continued):
(e) Rate regulation (continued):
Rate setting
Distribution revenue
For the distribution revenue, the Corporation files a “Cost of Service” (“COS”) rate application
with the OEB every five years. The COS filing timeline may be extended if the Corporation is
able to maintain good reliability and operations under the existing approved rate structure, and
has received approval by the OEB for such a deferral. The COS rates are determined through
a review of the forecasted annual amount of operating and capital expenditures, debt and
shareholder’s equity required to support the Corporation’s business. The Corporation estimates
electricity usage and the costs to service each customer class to determine the appropriate
rates to be charged to each customer class. The COS application is reviewed by the OEB and
interveners and rates are approved based upon this review, including any revisions resulting
from that review.
In the intervening years an Incentive Rate Mechanism application (“IRM”) is filed. An IRM
application results in a formulaic adjustment to distribution rates that were set under the last
COS application. The previous year’s rates are adjusted for the annual change in the Gross
Domestic Product Implicit Price Inflator for Final Domestic Demand (“GDP IPI-FDD”) net of a
productivity factor and a “stretch factor” determined by the relative efficiency of an electricity
distributor.
As a licensed distributor, the Corporation is responsible for billing customers for electricity
generated by third parties and the related costs of providing electricity service, such as
transmission services and other services provided by third parties. The Corporation is required,
pursuant to regulation, to remit such amounts to these third parties, irrespective of whether the
Corporation ultimately collects these amounts from customers.
The OEB has a decision and order in place banning utilities in Ontario from disconnecting
homes for non-payment during the winter. This ban is normally in place from November 15 to
April 30 each year.
Page 491 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
9
2. Basis of presentation (continued):
(e) Rate regulation (continued):
Rate setting (continued)
Distribution revenue (continued)
The Corporation last filed a COS application in August 2020. The Ontario Energy Board issued
a Decision and Order dated February 4, 2021 for rates effect January 1, 2021. An IRM
Application is filed each of the following years with resultant rate adjustments each year. On
August 3, 2022, the Corporation filed its annual IRM application with OEB for rates effective
January 1, 2023 to December 31, 2023. On December 8, 2022, the OEB issued a letter
advising the utility that the OEB approved January 1, 2023 rate increases. The GDP IPI-FDD
for 2023 is 3.7%, the Corporation’s productivity factor is 0% and the stretch factor is 0.3%,
resulting in a rate adjustment of 3.4%, to the 2022 year’s rates. Another IRM application will
be filed in August 2023, for rate adjustment for January 1, 2024 to December 31, 2024.
The Corporation intends to file its next Cost of Service Application in 2026
Electricity rates
The OEB sets electricity prices for low-volume consumers twice each year based on an
estimate of how much it will cost to supply the province with electricity for the next year. All
remaining consumers pay the market price for electricity. The Corporation is billed for the cost
of the electricity that its customers use and passes this cost on to the customer at cost without
a mark-up.
.
Page 492 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
10
3. Significant accounting policies:
The accounting policies set out below have been applied consistently in all years presented in
these financial statements.
(a) Basis of consolidation:
These consolidated financial statements include the accounts of the following corporations:
Niagara Falls Hydro Holding Corporation 100.0%
Niagara Falls Hydro Services Inc. 100.0%
Niagara Regional Broadband Network 75.0%
Niagara Peninsula Energy Inc. 74.5%
Spark Enterprises Inc. 75.0%
Subsidiaries are entities controlled by the Corporation. The financial statements of the
subsidiaries are included in these consolidated financial statements from the date on which
control commences until the date on which control ceases.
All inter-company accounts and transactions have been eliminated.
(b) Business combinations:
The Corporation accounts for business combinations using the acquisition method when
control is transferred to the Corporation. The consideration transferred in the acquisition is
generally measured at fair value, as are the identifiable net assets acquired. Any goodwill that
arises is tested annually for impairment. Any gain on a bargain purchase is recognized in profit
or loss immediately. Transaction costs are expensed as incurred, except if related to the issue
of debt or equity securities.
(c) Non-controlling interests:
NCI is measured at fair value at the date of acquisition, which means that goodwill, or the gain
on a bargain purchase, includes a portion attributable to ordinary NCI.
Changes in the Corporation’s interest in a subsidiary that do not result in a loss of control are
accounted for as equity transactions.
Page 493 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
11
3. Significant accounting policies (continued):
(d) Financial instruments:
All financial assets are classified as loans and receivables and all financial liabilities are
classified as other liabilities. These financial instruments are recognized initially at fair value
plus any directly attributable transaction costs. Subsequently, they are measured at amortized
cost using the effective interest method less any impairment for the financial assets as
described in Note 3(i). The Corporation does not enter into derivative instruments.
Hedge accounting has not been used in the preparation of these financial statements.
Cash and cash equivalents include bank balances and short-term investments with maturities
of three months or less when purchased.
(e) Revenue recognition:
Sale and distribution of electricity
The performance obligations for the sale and distribution of electricity are recognized over time
using an output method to measure the satisfaction of the performance obligation. The value
of the electricity services transferred to the customer is determined on the basis of cyclical
meter readings plus estimated customer usage since the last meter reading date to the end of
the year and represents the amount that the Corporation has the right to bill. Revenue includes
the cost of electricity supplied, distribution, and any other regulatory charges. The related cost
of power is recorded on the basis of power used.
For customer billings related to electricity generated by third parties and the related costs of
providing electricity service, such as transmission services and other services provided by third
parties, the Corporation has determined that it is acting as a principal for these electricity
charges and, therefore, has presented electricity revenue on a gross basis.
Customer billings for debt retirement charges are recorded on a net basis as the Corporation
is acting as an agent for this billing stream.
Other revenue
Revenue earned from the provision of services is recognized as the service is rendered or
contract milestones are achieved. Amounts received in advance of these milestones are
presented as deferred revenue.
Page 494 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
12
3. Significant accounting policies (continued):
(e) Revenue recognition (continued):
Other revenue (continued)
Developers are required to contribute towards the capital cost of construction of distribution
assets in order to provide ongoing service. The developer is not a customer and therefore the
contributions are scoped out of IFRS 15 Revenue from Contracts with Customers. Cash
contributions, received from developers are recorded as deferred revenue. When an asset
other than cash is received as a capital contribution, the asset is initially recognized at its fair
value, with a corresponding amount recognized as deferred revenue. The deferred revenue,
which represents the Corporation's obligation to continue to provide the customers access to
the supply of electricity, is amortized to income on a straight-line basis over the useful life of
the related asset.
Certain customers and developers are required to contribute towards the capital cost of
construction of distribution assets in order to provide ongoing service. These contributions fall
within the scope of IFRS 15 Revenue from Contracts with Customers. The Corporation has
concluded that the performance obligation is the supply of electricity over the life of the
relationship with the customer which is satisfied over time as the customer receives and
consumes the electricity. Cash contributions are recorded as deferred revenue. When an asset
other than cash is received as a capital contribution, the asset is initially recognized at its fair
value, with a corresponding amount recognized as deferred revenue. The deferred revenue,
which represents the Corporation's obligation to continue to provide the customers access to
the supply of electricity, is amortized to income on a straight-line basis over the useful life of
the related asset.
Government grants and the performance incentive payments under CDM programs are
recognized as revenue in the year when there is reasonable assurance that the program
conditions have been satisfied and the payment will be received.
Interest income is recognized when earned and dividends when declared.
(f) Materials and supplies:
Materials and supplies, the majority of which is consumed by the Corporation in the provision
of its services, is valued at the lower of cost and net realizable value, with cost being determined
on an average cost basis, and includes expenditures incurred in acquiring the materials and
supplies and other costs incurred in bringing them to their existing location and condition. Net
realizable value is estimated selling price in the ordinary course of business, less estimated
selling expenses.
Page 495 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
13
3. Significant accounting policies (continued):
(g) Property, plant and equipment:
Items of property, plant and equipment (“PP&E”) used in rate-regulated activities are measured
at deemed cost established on the transition date less accumulated depreciation. All other
items of PP&E are measured at cost, or, where the item is contributed by customers, its fair
value, less accumulated depreciation.
Cost includes expenditures that are directly attributable to the acquisition of the asset. The cost
of self-constructed assets includes contracted services, materials and transportation costs,
direct labour, overhead costs, borrowing costs and any other costs directly attributable to
bringing the asset to a working condition for its intended use.
Borrowing costs on qualifying assets are capitalized as part of the cost of the asset based upon
the weighted average cost of debt incurred on the Corporation’s borrowings. Qualifying assets
are considered to be those that take in excess of 12 months to construct.
When parts of an item of PP&E have different useful lives, they are accounted for as separate
items (major components) of PP&E.
When items of PP&E are retired or otherwise disposed of, a gain or loss on disposal is
determined by comparing the proceeds from disposal, if any, with the carrying amount of the
item and is included in profit or loss.
Major spare parts and standby equipment are recognized as items of PP&E.
The cost of replacing a part of an item of PP&E is recognized in the net book value of the item
if it is probable that the future economic benefits embodied within the part will flow to the
Corporation and its cost can be measured reliably. In this event, the replaced part of PP&E is
written off, and the related gain or loss is included in profit or loss. The costs of the day-to- day
servicing of PP&E are recognized in profit or loss as incurred.
The need to estimate the decommissioning costs at the end of the useful lives of certain assets
is reviewed periodically. The Corporation has concluded it does not have any legal or
constructive obligation to remove PP&E.
Depreciation is calculated to write off the cost of items of PP&E using the straight-line method
over their estimated useful lives, and is generally recognized in profit or loss.
Depreciation methods, useful lives, and residual values are reviewed at each reporting date
and adjusted prospectively if appropriate. Land is not depreciated. Construction-in-progress
assets are not depreciated until the project is complete and the asset is available for use.
Page 496 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
14
3. Significant accounting policies (continued):
(g) Property, plant and equipment (continued):
The estimated useful lives are as follows:
Years
Buildings and fixtures 60
Distribution equipment 10-60
Fibre network 3-25
Other equipment 5-20
Leasehold improvements Term of lease
(h) Intangible assets:
Intangible assets used in rate-regulated activities and acquired prior to January 1, 2014 are
measured at deemed cost established on the transition date, less accumulated amortization.
All other intangible assets are measured at cost.
Computer software that is acquired or developed by the Corporation after January 1, 2014,
including software that is not integral to the functionality of equipment purchased which has
finite useful lives, is measured at cost less accumulated amortization.
Payments to obtain rights to access land ("land rights") are classified as intangible assets.
These include payments made for easements, right of access and right of use over land for
which the Corporation does not hold title. Land rights are measured at cost less accumulated
amortization.
Trademarks have an indefinite life and are therefore not amortized.
Amortization is recognized in profit or loss on a straight-line basis over the estimated useful
lives of intangible assets, from the date that they are available for use. Amortization methods
and useful lives of all intangible assets are reviewed at each reporting date and adjusted
prospectively if appropriate. The estimated useful lives are:
Years
Computer software 3
Land rights 25
Customer relations 20
Goodwill arising on the acquisition of subsidiaries is subsequently measured at cost less
accumulated impairment losses.
Page 497 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
15
3. Significant accounting policies (continued):
(i) Impairment:
(i) Financial assets measured at amortized cost
A financial asset is assessed at each reporting date to determine whether there is any
objective evidence that it is impaired. A financial asset is considered to be impaired if
objective evidence indicates that one or more events have had a negative effect on the
estimated future cash flows of that asset.
An impairment loss is calculated as the difference between an asset’s carrying amount and
the present value of the estimated future cash flows discounted at the original effective
interest rate. Interest on the impaired assets continues to be recognized through the
unwinding of the discount. Losses are recognized in profit or loss. An impairment loss is
reversed through profit or loss if the reversal can be related objectively to an event
occurring after the impairment loss was recognized.
(ii) Non-financial assets
The carrying amounts of the Corporation's non-financial assets, other than materials and
supplies and deferred tax assets, are reviewed at each reporting date to determine whether
there is any indication of impairment. If any such indication exists, then the asset's
recoverable amount is estimated.
For the purpose of impairment testing, assets are grouped together into the smallest group
of assets that generates cash inflows from continuing use that are largely independent of
the cash inflows of other assets or groups of assets (the "cash-generating unit" or “CGU”).
The recoverable amount of an asset or CGU is the greater of its value in use and its fair
value less costs to sell. In assessing value in use, the estimated future cash flows are
discounted to their present value using a pre-tax discount rate that reflects current market
assessments of the time value of money and the risks specific to the asset.
An impairment loss is recognized if the carrying amount of an asset or its CGU exceeds its
estimated recoverable amount. Impairment losses are recognized in profit or loss. For other
assets, an impairment loss is reversed only to the extent that the asset's carrying amount
does not exceed the carrying amount that would have been determined, net of depreciation
or amortization, if no impairment loss had been recognized.
(j) Customer deposits:
Customer deposits represent cash deposits from electricity distribution customers and retailers
to guarantee the payment of energy bills. Interest is paid annually on customer deposits.
Deposits are refundable to customers who demonstrate an acceptable level of credit risk as
determined by the Corporation in accordance with policies set out by the OEB or upon
termination of their electricity distribution service.
Page 498 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
16
3. Significant accounting policies (continued):
(k) Provisions:
A provision is recognized if, as a result of a past event, the Corporation has a present legal or
constructive obligation that can be estimated reliably, and it is probable that an outflow of
economic benefits will be required to settle the obligation. Provisions are determined by
discounting the expected future cash flows at a pre-tax rate that reflects current market
assessments of the time value of money and the risks specific to the liability.
(l) Regulatory balances:
Regulatory deferral account debit balances represent costs incurred in excess of amounts
billed to the customer at OEB approved rates. Regulatory deferral account credit balances
represent amounts billed to the customer at OEB approved rates in excess of costs incurred
by the Corporation.
Regulatory deferral account debit balances are recognized if it is probable that future billings
in an amount at least equal to the deferred cost will result from inclusion of that cost in allowable
costs for rate-making purposes. The offsetting amount is recognized in net movement in
regulatory balances in profit or loss or OCI. When the customer is billed at rates approved by
the OEB for the recovery of the deferred costs, the customer billings are recognized in revenue.
The regulatory debit balance is reduced by the amount of these customer billings with the offset
to net movement in regulatory balances in profit or loss or OCI.
The probability of recovery of the regulatory deferral account debit balances is assessed
annually based upon the likelihood that the OEB will approve the change in rates to recover
the balance. The assessment of likelihood of recovery is based upon previous decisions made
by the OEB for similar circumstances, policies or guidelines issued by the OEB, etc. Any
resulting impairment loss is recognized in profit or loss in the year incurred.
When the Corporation is required to refund amounts to ratepayers in the future, the Corporation
recognizes a regulatory deferral account credit balance. The offsetting amount is recognized
in net movement in regulatory balances in profit or loss or OCI. The amounts returned to the
customers are recognized as a reduction of revenue. The credit balance is reduced by the
amount of these customer repayments with the offset to net movement in regulatory balances
in profit or loss or OCI.
Page 499 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
17
3. Significant accounting policies (continued):
(m) Post-employment benefits:
(i) Pension plan
The Corporation provides a pension plan for all its full-time employees through Ontario
Municipal Employees Retirement System (“OMERS”). OMERS is a multi-employer pension
plan which operates as the Ontario Municipal Employees Retirement Fund (“the Fund”),
and provides pensions for employees of Ontario municipalities, local boards and public
utilities. The Fund is a contributory defined benefit pension plan, which is financed by equal
contributions from participating employers and employees, and by the investment earnings
of the Fund. To the extent that the Fund finds itself in an under- funded position, additional
contribution rates may be assessed to participating employers and members.
OMERS is a defined benefit plan. However, as OMERS does not segregate its pension
asset and liability information by individual employers, there is insufficient information
available to enable the Corporation to directly account for the plan. Consequently, the plan
has been accounted for as a defined contribution plan. The Corporation is not responsible
for any other contractual obligations other than the contributions. Obligations for
contributions to defined contribution pension plans are recognized as an employee benefit
expense in profit or loss when they are due.
(ii) Post-employment benefits, other than pension
The Corporation provides some of its retired employees with life insurance and medical
benefits beyond those provided by government sponsored plans.
The obligations for these post-employment benefit plans are actuarially determined by
applying the projected unit credit method and reflect management’s best estimate of certain
underlying assumptions. Remeasurements of the net defined benefit obligations, including
actuarial gains and losses and the return on plan assets (excluding interest), are
recognized immediately in other comprehensive income. When the benefits of a plan are
improved, the portion of the increased benefit relating to past service by employees is
recognized immediately in profit or loss.
(n) Finance income and finance costs:
Finance income is recognized as it accrues in profit or loss, using the effective interest method.
Finance income comprises interest earned on cash.
Finance costs comprise interest expense on borrowings, and interest paid on customer
deposits. Finance costs are recognized in profit or loss unless they are capitalized as part of
the cost of qualifying assets.
Page 500 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
18
3. Significant accounting policies (continued):
(o) Income taxes:
Income tax expense comprises current and deferred tax. Income tax expense is recognized in
profit or loss except to the extent that it relates to items recognized directly in equity, in which
case, it is recognized in equity.
The Corporation and some of its subsidiaries are exempt from taxes under the Income Tax Act
(Canada) and the Ontario Corporations Tax Act (collectively the “Tax Acts”). Under the
Electricity Act, 1998, the Corporation makes payments in lieu of corporate taxes to the Ontario
Electricity Financial Corporation (“OEFC”). These payments are calculated in accordance with
the rules for computing taxable income and taxable capital and other relevant amounts
contained in the Tax Acts as modified by the Electricity Act, 1998, and related regulations. Prior
to October 1, 2001, the Corporation was not subject to income or capital taxes. Payments in
lieu of taxes are referred to as income taxes.
Current tax comprises the expected tax payable or receivable on the taxable income or loss for
the year, using tax rates enacted or substantively enacted at the reporting date, and any
adjustment to tax payable in respect of previous years.
Deferred tax is recognized in respect of temporary differences between the tax basis of assets
and liabilities and their carrying amounts for accounting purposes. Deferred tax assets are
recognized for unused tax losses, unused tax credits and deductible temporary differences to
the extent that it is probable that future taxable profits will be available against which they can
be used. Deferred tax is measured at the tax rates that are expected to be applied to temporary
differences when they reverse, using tax rates enacted or substantively enacted, at the
reporting date.
(p) Government grants:
Government grants received for expenses incurred are recognised in profit or loss as other
income on a systematic basis in the periods in which the expenses are recognised. The grants
have been recorded on a gross basis.
(q) Leases:
At the inception of a contract, the Corporation assesses whether a contract is, or contains, a
lease. A contract is, or contains, a lease if the contract conveys the right to control the use of
an identified asset for a period of time in exchange for consideration.
The Corporation, as a lessee, recognizes a right-of-use asset and a lease liability at the lease
commencement date. The right-of-use asset is initially measured at cost, which comprises the
initial amount of the lease liability adjusted for any lease payments made at or before the
commencement date, plus any initial direct costs incurred and an estimate of costs to dismantle
and remove any improvements made to the underlying asset.
Page 501 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
19
3. Significant accounting policies (continued):
(q) Leases (continued):
The right-of-use asset is subsequently depreciated using the straight-line method from the
commencement date to the earlier of the end of the useful life of the right-of-use asset and end
of the lease term. In addition, the right-of-use asset is periodically reduced by impairment
losses, if any, and adjusted for certain remeasurements of the lease liability.
The estimated useful lives are as follows:
Asset Basis Rate
Property & real estate
Straight-line
Term of lease
Fibre network Straight-line Term of lease
Point-of-presence locations Straight-line Term of lease
Tower sites Straight-line Term of lease
The lease liability is initially measured at the present value of the lease payments that are not
paid at the commencement date, discounted using the interest rate implicit in the lease or, if
that rate cannot be readily determined, the Corporation’s incremental borrowing rate.
Generally, the Corporation uses its incremental borrowing rate as the discount rate.
The lease liability is subsequently measured at amortized cost using the effective interest
method. It is remeasured when there is a change in future lease payments arising from a
change in an index or rate, if there is a change in the Corporation’s estimate of the amount
expected to be payable under a residual value guarantee, if the Corporation changes its
assessment of whether it will exercise a purchase, extension or termination option or if there is
a revised in-substance fixed lease payment.
When the lease liability is remeasured in this way, a corresponding adjustment is made to the
carrying amount of the right-of-use asset, or is recorded in net income if the carrying amount
of the right-of-use asset has been reduced to zero.
The Corporation has elected not to recognize right-of-use assets and lease liabilities for leases
of low-value assets and short-term leases. The Corporation recognizes the lease payments
associated with these leases as an expense on a straight-line basis over the lease term.
Page 502 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
20
4. Materials and supplies:
Amount written down due to obsolescence in 2022 was $nil (2021 - $nil).
5. Property, plant and equipment:
Land and Distribution and
buildings other equipment Total
Cost or deemed cost
Balance at January 1, 2022 $ 23,757,794 $ 281,559,464 $ 305,317,258
Additions 646,925 30,050,984 30,697,909
Disposals/retirements – (884,781) (884,781)
Balance at December 31, 2022 $ 24,404,719 $ 310,725,667 $ 335,130,386
Balance at January 1, 2021 $ 21,691,488 $ 250,055,237 $ 271,746,725
Additions 2,066,306 32,557,972 34,624,278
Disposals/retirements – (1,053,745) (1,053,745)
Balance at December 31, 2021 $ 23,757,794 $ 281,559,464 $ 305,317,258
Accumulated depreciation
Balance at January 1, 2022 $ 2,691,419 $ 67,212,476 $ 69,903,895
Depreciation 406,011 12,019,021 12,425,032
Disposals/retirements – (750,606) (750,606)
Balance at December 31, 2022 $ 3,097,430 $ 78,480,891 $ 81,578,321
Balance at January 1, 2021 $ 2,297,404 $ 56,631,419 $ 58,928,823
Depreciation 394,015 11,330,557 11,724,572
Disposals/retirements – (749,500) (749,500)
Balance at December 31, 2021 $ 2,691,419 $ 67,212,476 $ 69,903,895
Carrying amounts
At December 31, 2022 $ 21,307,289 $ 232,244,776 $ 253,552,065
At December 31, 2021 21,066,375 214,346,988 235,413,363
At December 31, 2022, PP&E with a carrying value of $253,552,065 (2021 - $235,413,363) are subject to a
general security agreement.
During the year, no borrowing costs were capitalized as part of the cost of property, plant and equipment.
The Corporation has six purchase order commitments outstanding as at December 31, 2022 for property,
plant and equipment in the amount of $2,642,708. There are no intangible asset purchase commitments
outstanding as at December 31, 2022.
Page 503 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
21
5. Property, plant and equipment (continued):
PP&E includes fibre network equipment and materials not in use of $8,131,564 (2021 - $6,275,091).
Depreciation has not been charged against these assets.
6. Intangible assets:
Computer
Software
and others
Land rights
Trademarks
Customer
relations
Total
Cost or deemed cost
Balance at January 1, 2022
$
3,347,273
$
132,776
$
330,000
$
11,800,000
$
15,610,049
Additions 667,343 – – – 667,343
Balance at December 31, 2022 $ 4,014,616 $ 132,776 $ 330,000 $ 11,800,000 $ 16,277,392
Balance at January 1, 2021
$
2,914,562
$
132,776
$
330,000
$
11,800,000
$
15,177,338
Additions 432,711 – – – 432,711
Balance at December 31, 2021 $ 3,347,273 $ 132,776 $ 330,000 $ 11,800,000 $ 15,610,049
Accumulated amortization
Balance at January 1, 2022 $ 2,931,327 $ 132,776 $ – $ 3,540,000 $ 6,604,103
Amortization 303,520 – – 590,000 893,520
Balance at December 31, 2022 $ 3,234,847 $ 132,776 $ – $ 4,130,000 $ 7,497,623
Balance at January 1, 2021 $ 2,592,069 $ 132,776 $ – $ 2,950,000 $ 5,674,845
Amortization 339,258 – – 590,000 929,258
Balance at December 31, 2021 $ 2,931,327 $ 132,776 $ – $ 3,540,000 $ 6,604,103
Carrying amounts
At December 31, 2022 $ 779,769 $ – $ 330,000 $ 7,670,000 $ 8,779,769
At December 31, 2021 $ 415,946 $ – $ 330,000 $ 8,260,000 $ 9,005,946
7. Right-of-use assets:
January 1, December 31,
2022 Additions Depreciation Retirements 2022
Cost
Property & real estate $ 696,877 $ 23,528 $ – $ – $ 720,405
Fibre network 6,399,780 – – – 6,399,780
Point-of-presence locations 774,998 181,901 – – 956,899
Tower sites 231,911 – – – 231,911
8,103,566 205,429 – – 8,308,995
Accumulated Depreciation
Property & real estate 197,262 – 89,486 – 286,748
Fibre network 1,228,549 – 409,519 – 1,638,068
Point-of-presence locations 506,165 – 172,540 – 678,705
Tower sites 152.229 – 46,548 – 198,777
2,084,205 – 718,093 – 2,802,298
Carrying amount $ 6,019,361 $ 205,429 $ (718,093) $ – $ 5,506,697
Page 504 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
22
8. Leases:
The Corporation enters into leases for network infrastructure, equipment and land and buildings
in the normal course of business. Lease contracts are typically made for fixed periods but may
include purchase, renewal or termination options. Leases are negotiated on an individual basis
and contain a wide range of different terms and conditions.
When measuring lease liabilities for leases that were previously classified as operating leases,
the Corporation discounted lease payments using its average incremental borrowing rate at
January 1, 2019. The Corporation estimated its incremental borrowing rates for portfolios of
leases with similar characteristics, such as similar risk profiles, same or similar types of security,
and similar lease terms.
Information about leases for which the Corporation is a lessee is presented below.
(i) Right-of-use assets:
2022
Balance on January 1, 2022 $ 6,019,361
Additions 205,429
Depreciation (718,093)
Ending balance $ 5,506,697
(ii) Lease liabilities:
2022
Balance on January 1, 2022 $ 6,104,903
Additions 205,429
Interest on lease liabilities 52,297
Repayments (782,751)
Ending balance $ 5,579,878
(iii) Maturity analysis for lease liabilities is detailed below. In 2022, consistent with the prior year, the
Corporation has included optional lease renewal period where the Corporation has assessed
the likelihood of renewal as “reasonably certain”.
2023 $ 683,964
2024 473,815
2025 482,231
2026 451,176
2027 452,777
Thereafter 3,035,915
Total lease liabilities $ 5,579,878
Page 505 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
23
8. Leases (continued):
(iv) Total cash outflows for leases are presented below.
2022
Payments of lease liabilities $ 782,751
Payments on low-value leases 91,905
Payments on short-term leases 3,417
Total cash outflows $ 878,073
The payments on low-value and short-term leases are included on the statements of
comprehensive income in rent in the amount of $600 and in direct operations expense in the
amount of $2,817.
9. Regulatory balances:
Reconciliation of the carrying amount for each class of regulatory balances:
Remaining
recovery/
January 1, Recovery/ December 31, reversal
Regulatory deferral account debit balances 2022 Additions reversal 2022 years
Group 1 deferred accounts $ 3,677,818 $ 5,051,426 $ (823,454) $ 7,905,790 1
Regulatory settlement account 211,539 1,317 (51,077) 161,779 1 - 3
Other regulatory accounts 13,734 148,745 – 162,479 4
Income tax 6,423,342 1,373,145 – 7,796,487 *
$ 10,326,433 $ 6,574,633 $ (874,531) $ 16,026,535
Remaining
recovery/
January 1, Recovery/ December 31, reversal
Regulatory deferral account debit balances 2021 Additions reversal 2021 years
Group 1 deferred accounts $ 3,227,117 $ 2,693,056 $ (2,242,355) $ 3,677,818 1
Regulatory settlement account 1,513,088 (361,765) (939,784) 211,539 1 - 3
Other regulatory accounts 2,174,069 2,012 (2,162,347) 13,734 5
Income tax 5,297,510 1,125,832 – 6,423,342 *
$ 12,211,784 $ 3,459,135 $ (5,344,486) $ 10,326,433
January 1, Recovery/ December 31, Remaining
Regulatory deferral account credit balances 2022 Additions reversal 2022 years
Group 1 deferred accounts $ (141,092) $ (163,571) $ 92,741 $ (211,922) 1
Regulatory settlement account (489,196) 702,408 (646,263) (433,051) 1 - 3
Other regulatory accounts (398,479) (1,227,659) – (1,626,138) 4
Income tax (2,594,431) (363,883) – (2,958,314) *
$ (3,623,198) $ (1,052,705) $ (553,522) $ (5,229,425)
Page 506 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
24
9. Regulatory balances (continued):
January 1, Recovery/ December 31, Remaining
Regulatory deferral account credit balances 2021 Additions reversal 2021 years
Group 1 deferred accounts $ (3,685,851) $ 3,077,649 $ 467,110 $ (141,092) 1
Regulatory settlement account (996,619) 235,688 271,735 (489,196) 1 - 3
Other regulatory accounts (1,097,530) – 699,051 (398,479) 5
Income tax (1,150,189) (1,444,242) – (2,594,431) *
$ (6,930,189) $ 1,869,095 $ 1,437,896 $ (3,623,198)
* The income tax balances will be recovered over the lives of the related capital assets.
The regulatory balances are recovered or settled through rates approved by the OEB which are
determined using estimates of future consumption of electricity by its customers. Future
consumption is impacted by various factors including the economy and weather. The Corporation
has received approval from the OEB to establish its regulatory balances.
Settlement of the Group 1 deferral accounts is done on an annual basis through application to the
OEB. An application has been made to the OEB to repay the Group 1 deferral accounts as at
December 31, 2020. These balances were included in the Corporation’s Incentive Rate Mechanism
application in 2021 for rates effective January 1, 2022. Once approval is received, the approved
account balance is moved to the regulatory settlement account. Approval from the OEB to repay the
regulatory settlement account balance was approved December 9, 2021. The balance is to be repaid
over a period of 1 year ending December 31, 2022. The OEB requires the Corporation to estimate
its income taxes when it files a COS application to set its rates. As a result, the Corporation has
recognized a regulatory deferral account for the amount of deferred taxes that will ultimately be
recovered from/paid back to its customers. This balance will fluctuate as the Corporation’s deferred
tax balance fluctuates. Regulatory balances attract interest at OEB prescribed rates, which are based
on Bankers' Acceptances three-month rate plus a spread of 25 basis points. In 2022 the rate was
1.92% (2021 – 0.57%).
10. Non-revolving line of credit:
The non-revolving line of credit bears interest at the bank’s prime lending rate, payable interest
only, monthly and is due January 31, 2023, subsequently extended to March 14, 2024. The line
of credit is secured by a general security agreement over all of the assets of the Corporation
and a guarantee by the City of Niagara Falls.
Page 507 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
25
11. Credit facilities:
2022 2021
Secured bank loans and revolving term credit $ 110,329,852 $ 97,169,192
Current portion of secured bank loans and revolving
term credit (943,363) (1,497,292)
$ 109,386,489 $ 95,671,900
The secured bank loans and revolving term credit consist of the following:
2022 2021
Meridian Credit Union loan payable - interest only -
fixed rate of 2.60% due September 2026 $ 20,000,000 $ 20,000,000
TD loan payable - interest only - fixed rate 2.81% due
June 2027 10,000,000 10,000,000
TD loan payable - interest only - fixed rate 3.671% due
December 2028 10,000,000 10,000,000
TD loan payable - interest only - fixed rate 2.76% due
August 2029 25,600,000 25,600,000
Scotiabank loan payable – interest only - fixed rate of 2.698%
due November 2024 10,000,000 10,000,000
Scotiabank loan payable – repayment in equal monthly
installments of $76,138 including interest - interest fixed
rate of 2.698% due November 2024 5,759,400 6,506,692
TD loan payable – interest only – fixed rate of 1.94% due
July 2026 10,000,000 10,000,000
TD revolving term credit – repayment in equal monthly payments
of $175,652 plus interest over a ten-year term –
floating interest rate (prime +0.50%) 18,970,452 5,062,500
$ 110,329,852 $ 97,169,192
Page 508 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
26
11. Credit facilities (continued):
Principal repayments are as follows:
2023 $ 943,363
2024 17,099,513
2025 2,107,824
2026 32,107,824
2027 12,107,824
Thereafter 45,963,504
110,329,852
Less: current portion (943,363)
Long-term portion of loan $ 109,386,489
The secured bank loans of $91,359,400 are secured by a general security agreement over all of the
assets of the Corporation’s subsidiary Niagara Peninsula Energy Inc.
The revolving term credit of $18,970,452 is subject to financial covenants. The Corporation was in
compliance with them at December 31, 2022.
During 2021, the Corporation obtained a demand revolving credit facility with the Toronto Dominion
Bank (“TD”) available in the principal amount of $7,500,000 with a floating interest rate. As at
December 31, 2022 the interest rate was prime plus 0.25%. The Corporation has drawn $2,590,000
as at December 31, 2022 on this facility.
12. Post-employment benefits:
(a) OMERS pension plan:
The Corporation provides a pension plan for its employees through OMERS. The plan is a
multi-employer, contributory defined pension plan with equal contributions by the employer and
its employees. In 2022, the Corporation made employer contributions of $1,194,219 to OMERS
(2021 - $1,240,825), of which $289,288 (2021 - $331,338) has been capitalized as part of PP&E
and the remaining amount of $904,979 (2021 - $909,487) has been recognized in profit or loss.
The Corporation estimates that a contribution of $1,277,814 to OMERS will be made during the
next fiscal year.
As at December 31, 2022, OMERS had approximately 559,000 members, of whom 103 are
current employees of the Corporation. The most recently available OMERS annual report is for
the year ended December 31, 2022, which reported that the plan was 95% (2021 - 97%)
funded, with an unfunded liability of $6.7 billion (2021 - $3.1 billion). This unfunded liability is
likely to result in future payments by participating employers and members.
Page 509 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
27
12. Post-employment benefits (continued):
(b) Post-employment benefits other than pension:
The Corporation pays certain medical and life insurance benefits on behalf of some of its retired
employees. The Corporation recognizes these post-employment benefits in the year in which
employees’ services were rendered. The Corporation is recovering its post- employment
benefits in rates based on the expense and re-measurements recognized for post-employment
benefit plans.
Reconciliation of the obligation 2022 2021
Defined benefit obligation, beginning of year
$ 4,929,236
$ 4,845,358
Included in profit or loss
Current service cost 180,815 178,740
Past service cost 288,092 –
Interest cost 143,003 141,811
5,541,146 5,165,909
Benefits paid (324,967) (236,673)
Actuarial gain/loss (1,227,659) –
Defined benefit obligation, end of year $ 3,988,520 $ 4,929,236
A 1% increase in the assumed discount rate would result in the defined benefit obligation
decreasing to $3,587,500. A 1% decrease in the assumed discount rate would result in the
defined benefits obligation increasing to $4,477,100.
Actuarial assumptions 2022 2021
General inflation
3.00%
2.00%
Discount (interest) rate 5.05% 3.00%
Salary levels 3.50% 3.30%
Medical Costs 4.70% 4.20%
Dental Costs 4.90% 4.50%
Page 510 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
28
13. Income tax expense:
Current tax (recovery) expense:
2022 2021
Current year
$ (826,487)
$ 284,248
Deferred tax expense:
2022 2021
Origination and reversal of temporary differences $ 2,290,359
$ 596,340
Reconciliation of effective tax rate:
2022 2021
Income before taxes $ 5,633,191
$ 4,011,188
Canada and Ontario statutory Income tax rates 26.5%
26.5%
Expected tax provision on income at statutory rates
1,492,796
1,062,965
Increase (decrease) in income taxes resulting from:
Permanent differences 7,653 26,330
Adjustment to prior year taxes and other
Taxable dividends
Change in valuation allowance
302,855
(385,269)
45,837
(709,773)
–
–
Changes in regulatory account impacting current taxes
–501,066
Income tax expense $ 1,463,872 $ 880,588
Significant components of the Corporation’s deferred tax balances:
2022 2021
Deferred tax assets (liabilities): $ (21,843,475)$ (18,753,609)
Property, plant and equipment 11,114,870 10,064,235
Intangible assets (2,276,350)(2,276,350)
Post-employment benefits 1,056,958 1,306,248
Timing differences on regulatory assets (1,579,119)(761,696)
Other reserves 2,313,363 1,497,776
$ (11,213,753)$ (8,923,396)
Recognized as:
Deferred tax asset 14,248,730 12,758,247
Deferred tax liability (25,462,483)(21,681,643)
$ (11,213,753)$ (8,923,396)
Page 511 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
29
14. Share capital:
2022 2021
Authorized:
Unlimited number of common shares
Issued:
2,000 common shares $ 29,210,189 $ 29,210,189
Dividends
The holders of the common shares are entitled to receive dividends as declared from time to time.
The Corporation paid aggregate dividends in the year on common shares of $981.92 per share
(2021 - $973.20), which amount to total dividends paid in the year of $1,963,845 (2021 -
$1,946,373).
15. Revenue from contracts with customers and other sources:
2022 2021
Revenue from contracts with customers:
Energy sales
$ 147,724,263
$ 144,818,398
Distribution revenue 34,927,078 33,052,538
Service 11,725,616 10,459,257
194,376,957 188,330,193
Other revenue 4,303,064 3,781,670
$ 198,680,021 $ 192,111,863
The following table disaggregates energy sales and distribution revenues from contracts with
customers by type of customer:
2022 2021
Revenue from contracts with customers:
Residential
$ 83,264,775
$ 84,368,373
Commercial 34,434,555 29,905,255
Large users 75,708,811 72,948,118
Other 968,816 1,108,447
$ 194,376,957 $ 188,330,193
Page 512 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
30
16. Operating expenses:
2022 2021
Salaries, wages and benefits $ 14,482,462 $ 13,124,404
Materials and supplies 434,515 618,365
Vehicle expenditures 889,770 692,946
Outside purchases 11,987,221 10,409,527
Bad Debt expenses 438,000 413,796
Depreciation and amortization 14,038,154 13,369,692
$ 42,270,122 $ 38,628,730
17. Finance income and costs:
2022 2021
Finance income
Interest income on bank deposits $ 376,443 $ 97,675
Finance costs
Interest expense on long-term debt 3,439,129 2,576,649
Interest expense on customer deposits 18,779 6,373
Other interest 308,494 309,955
3,766,402 2,892,977
Net finance costs recognized in profit or loss $ 3,389,959 $ 2,795,302
18. Commitments and contingencies:
General
From time to time, the Corporation is involved in various litigation matters arising in the ordinary
course of its business. The Corporation has no reason to believe that the disposition of any such
current matters could reasonably be expected to have a materially adverse impact on the
Corporation’s financial position, results of operations or its ability to carry on any of its business
activities.
Letter of Credit
The Corporation has arranged for a standby letter of credit of $12,000,000 (2021 - $12,000,000) of
which $11,910,187 (2021 - $11,910,187) has been drawn down. The Independent Electricity
System Operator is the beneficiary for $11,910,187 (2021 - $11,910,187). This is to provide a
prudential letter of credit supporting the purchase of electrical power.
Page 513 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
31
18. Commitments and contingencies (continued):
General Liability Insurance
The Corporation is a member of the Municipal Electric Association Reciprocal Insurance Exchange
("MEARIE"). MEARIE is a pooling of public liability insurance risks of many of the LDCs in Ontario.
All members of the pool are subjected to assessment for losses experienced by the pool for the
years in which they were members, on a pro-rata basis based on the total of their respective service
revenues. As at December 31, 2022, no assessments have been made.
19. Related party transactions:
(a) Parent and ultimate controlling party:
The shareholder and ultimate control party of the Corporation is the City of Niagara Falls. The
City produces consolidated financial statements that are available for public use.
These balances are non-interest bearing with no fixed repayment terms.
(b) Transactions with ultimate parent:
2022 2021
Revenue:
Energy sales (at commercial rates)
$ 2,660,204
$ 2,460,381
Other
487,451
–
$ 3,147,655 $ 2,460,381
2022 2021
Expenses:
Property taxes $ 162,511
$ 163,630
Water expenses 11,436 10,371
Other miscellaneous expenses
90,844 144,867
$ 264,791 $ 318,868
Page 514 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
32
19. Related party transactions (continued)
(c) Transactions with associated parties:
2022 2021
Revenue:
Energy sales (at commercial rates)
Town of Lincoln $ 574,248 $ 544,313
Township of West Lincoln 273,261 262,928
Town of Pelham 78,234 78,145
Other
Town of Niagara on the Lake 52,076 28,265
$ 977,819 $ 913,651
2022 2021
Expenses:
Property taxes
Town of Lincoln $ 8,072 $ 4,004
Township of West Lincoln 67,456 65,960
Town of Pelham 889 868
Water expenses
Township of West Lincoln 3,874 4,053
Other miscellaneous expenses
Township of West Lincoln 625 –
Town of Pelham 1,000 200
Town of Lincoln – 58,607
Town of Niagara on the Lake 50,968 58,260
$ 132,884 $ 191,952
(e) Key management personnel
The key management personnel of the Corporation have been defined as members of its board
of directors and executive management team members. The compensation paid or payable is
as follows:
2022 2021
Directors’ fees $ 188,792
$ 180,028
Salaries and other short-term benefits 3,769,949 3,255,277
$ 3,958,741 $ 3,435,305
Page 515 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
33
20. Financial instruments and risk management:
Fair value disclosure
The carrying values of cash and cash equivalents, accounts receivable, unbilled revenue, bank
overdraft, accounts payable and accrued liabilities approximate fair value because of the short
maturity of these instruments. The carrying value of the customer deposits approximates fair value
because the amounts are payable on demand. The carrying value of the non-revolving line of credit
approximates its fair value since it bears interest at prime.
The fair value of the long-term debt at December 31, 2022 is $101,080,449 (2021 - $88,114,784).
The fair value is calculated based on the present value of future principal and interest cash flows,
discounted at the current rate of interest at the reporting date. The interest rate used to calculate
fair value at December 31, 2022 was between 4.62% to 6.95%.
Financial risks
The Corporation understands the risks inherent in its business and defines them broadly as
anything that could impact its ability to achieve its strategic objectives. The Corporation’s exposure
to a variety of risks such as credit risk, interest rate risk, and liquidity risk, as well as related
mitigation strategies are discussed below.
(a) Credit risk:
Financial assets carry credit risk that a counterparty will fail to discharge an obligation which
could result in a financial loss. Financial assets held by the Corporation, such as accounts
receivable, expose it to credit risk. The Corporation earns its revenue from a broad base of
customers located in the City of Niagara Falls, Town of Lincoln, Township of West Lincoln and
the Town of Pelham. No single customer accounts for a balance in excess of 10% of total
accounts receivable.
The carrying amount of accounts receivable is reduced through the use of an allowance for
impairment and the amount of the related impairment loss is recognized in profit or loss.
Subsequent recoveries of receivables previously provisioned are credited to profit or loss. The
balance of the allowance for impairment at December 31, 2022 is $1,126,229 (2021 -
$1,094,437). An impairment loss of $438,000 (2021 - $413,796) was recognized during the
year.
The Corporation’s credit risk associated with accounts receivable is primarily related to
payments from distribution customers. At December 31, 2022, approximately $1,312,682 (2021
- $1,392,012) is considered 60 days past due. The Corporation has over 58,000 customers,
the majority of whom are residential. Credit risk is managed through collection of security
deposits from customers in accordance with directions provided by the OEB. As at December
31, 2022, the Corporation holds security deposits in the amount of $908,873 (2021 -
$1,025,644).
Page 516 of 544
NIAGARA FALLS HYDRO HOLDING CORPORATION
Notes to Consolidated Financial Statements (continued)
Year ended December 31, 2022
34
20. Financial instruments and risk management (continued):
(b) Market risk:
Market risks primarily refer to the risk of loss resulting from changes in commodity prices,
foreign exchange rates, and interest rates. The Corporation currently does not have any
material commodity or foreign exchange risk. The Corporation is exposed to fluctuations in
interest rates as the regulated rate of return for the Corporation’s distribution business is
derived using a complex formulaic approach which is in part based on the forecast for long-
term Government of Canada bond yields. This rate of return is approved by the OEB as part
of the approval of distribution rates. The Corporation is also exposed to fluctuations in interest
rates as the Corporation is charged interest equal to the Bank of Nova Scotia prime rate on the
non-revolving line of credit and the Corporation has a floating interest rate of the TD revolving
term credit.
(c) Liquidity risk:
The Corporation monitors its liquidity risk to ensure access to sufficient funds to meet
operational and investing requirements. The Corporation’s objective is to ensure that sufficient
liquidity is on hand to meet obligations as they fall due while minimizing interest exposure. The
Corporation has access to a $30,700,000 credit facility and monitors cash balances daily to
ensure that a sufficient level of liquidity is on hand to meet financial commitments as they
become due. As at December 31, 2022, $21,560,452 (2021 - $10,670,000) had been drawn
under the Corporation’s credit facility.
The Corporation also has a bilateral facility for $12 million (the “LC” facility) for the purpose of
issuing letters of credit mainly to support the prudential requirements of the IESO, of which
$11,910,187 has been drawn and posted with the IESO (2021 - $11,910,187).
The majority of accounts payable, as reported on the statement of financial position, are due
within 30 days.
(d) Capital disclosures:
The main objectives of the Corporation, when managing capital, are to ensure ongoing access
to funding to maintain and improve the electricity distribution system, compliance with
covenants related to its credit facilities, prudent management of its capital structure with regard
for recoveries of financing charges permitted by the OEB on its regulated electricity distribution
business, and to deliver the appropriate financial returns.
The Corporation’s definition of capital includes shareholder’s equity and long-term debt. As at
December 31, 2022, shareholder’s equity amounts to $98,931,059 (2021 - $96,731,655) and
long-term debt amounts to $110,329,852 (2021 - $97,169,192).
Page 517 of 544
CITY OF NIAGARA FALLS
By-law No. 2023-107
A by-law to provide for the adoption of Amendment No. 155 to the City of Niagara Falls
Official Plan.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL
MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS:
1. The attached text constituting Amendment No. 155 to the City of Nia gara Falls
Official Plan is hereby adopted.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 14th day of November, 2023.
........................................................ ......................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 518 of 544
OFFICIAL PLAN AMEDNMENT NO. 155
PART 1 – PREAMBLE
(i) Purpose of the Amendment
The purpose of the amendment is to update existing policies and introduce
new policies within the City of Niagara Falls Official Plan to respond to the
Supporting People and Businesses Act, 2021 (“Bill 13”), which amended the
Planning Act to allow for delegation of authority to staff for approval of certain
development applications.
(ii) Location of the Amendment
The amendment applies to all lands within the City of Niagara Falls.
(iii) Details of the Amendment
Text Change
• The amendment introduces new policies to permit the delegation of
development application approvals to Staff
• The amendment introduces new policies to outline the criteria for
delegation of Staff approval for specific applications
• To make minor revisions to ensure terminology aligns with the revised
approval authority
(iv) Basis of the Amendment
The Supporting People and Businesses Act, 2021 (“Bill 13”) has made
amendments to the Planning Act to permit the delegation of approval authority
to a committee of council or an individual who is an officer, employee or agent
of the municipality for specific development applications.
The amendments introduced the ability for Council to delegate the authority to
pass zoning by-laws that are of a minor nature to Staff. This could include
decisions for temporary use by-laws, the lifting of holding provisions, and
other minor zoning by-law amendments (Section 39.2(1)). Additionally, Bill 13
allowed Council to delegate authority to Staff to approve minor revisions to
draft approved plans, extend the lapsing period for draft approved plans, and
approve draft plans (Section 51.2(1)).
Delegation of development applications does not alter notice requirements,
public meeting requirements, appeal rights, or the requirement for a proposal
to be consistent with Provincial, Regional and Local Planning Policy.
Page 519 of 544
Council has already delegated site plan approval to Staff through the Site
Plan Control By-law (By-law 2011-113) and delegated minor variance and
consent applications to the Committee of Adjustment (By-law 2000-12).
Based on the current practices with delegation of site plans, minor variance,
and consent applications, the amendment identifies following development
applications for delegation:
1. Minor Zoning By-law Amendments, including:
a. Housekeeping matters (such as terminology)
b. Lifting of a Holding Provision
c. Temporary Use By-law
d. Agricultural Purposes Only
e. Other Minor Zoning By-law Amendments that meet specific criteria:
2. Deeming By-law Applications
3. Consent Applications, including:
a. Easements
b. Validations of Title Certificate
c. Discharge of Mortgage
4. Lifting Part Lot Control
5. Draft Approved Plan Applications, including:
a. Minor Status Revisions to a Draft Approved Plan of
Subdivision/Condominium
b. Extending the Lapsing Period of a Draft Approved Plan of
Subdivision/Condominium
c. Approval of Plan of Condominium
d. Condominium Exemptions for Draft Plan Approval
6. Community Improvement Plan Simple Grant Applications
Page 520 of 544
PART 2 – BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 – Body of the Amendment, consisting of
the following text, constitute Amendment No. 155 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. TEXT CHANGES
a) PART 4, SECTION 4 - BY-LAWS is hereby amended by adding the following
policies:
“4.1.1.1 Minor Zoning By-law Amendments, as determined by the General
Manager of Planning, Building and Development, may include:
a) Updates to terminology or mapping to align with the Official Plan,
b) The lifting of a holding provision,
c) The approval of a temporary use by-law,
d) A zoning by-law amendment required as part of a surplus farm
dwelling severance to prohibit future residential uses on agricultural
lands,
e) Any other amendments that meet the following criteria:
i. No studies or reports are required to review the application,
other than a Planning Justification report, and
ii. The proposal does not contradict any Provincial Policies,
and
iii. The proposal conforms to the Region and City’s Official Plan.
4.1.1.2 Approval of minor zoning by-law amendments as
outlined in Policy 4.1.1.1 may be delegated, by by-law,
to the General Manager of Planning, Building and
Development or their designate in accordance with the
requirements of the Planning Act.
b) PART 4, SECTION 4 - BY-LAWS, Policy 4.1.2 is amended by:
i. adding the words “or their designate” after the word “Council” in the
introductory sentence and within Policy 4.1.2.1
ii. adding a new Policy 4.1.2.4 as follows:
“4.1.2.4 Public meetings may be scheduled outside of Council Meetings for
minor zoning by-law amendments as outlined in Policy 4.1.1.1”
Page 521 of 544
c) PART 4, SECTION 4 - BY-LAWS, Policy 4.1.3 is amended by adding the
words “or their designate” before the word “Council” in all instances.
d) PART 4, SECTION 4 - BY-LAWS, Policy 4.2.1 is amended by:
i. Deleting the words “In this regard, Council may consider” in the
introductory paragraph.
ii. Adding the words “may be considered” after the words “The use of the
letter ‘H’”.
iii. Adding the words “Council or Staff, as delegated by by-law in accordance
with the Planning Act, may pass by-laws to lift the Holding provision.” as a
new paragraph after Policy 4.2.1.8.
e) PART 4, SECTION 4 - BY-LAWS, Policy 4.4.1 is amended by:
Adding the words “or their designate as delegated by by -law in
accordance with the Planning Act” after the word “Council”.
f) PART 4, SECTION 4 - BY-LAWS, Policy 4.4.2 is amended by:
i. Deleting the words “Council shall consider” before the words “matters
such as the compatibility” and adding the words “shall be considered.”
after the words “servicing; and noise” in the first sentence.
g) PART 4 SECTION 7 – SUBDIVISION CONTROL, Policy 7.2 is amended by
deleting the words “to the Regional Municipality of Niagara” after the words
“Council shall recommend” in the third sentence of the paragraph, and adding
the following new policies:
“7.2.1 Council may, by by-law, delegate approval authority for the
following:
• Extending the lapsing period of a draft approved plan;
• Draft plan approval of condominium;
• Condominium exemption; and
• Minor status revisions to a draft approved plan as
established in 7.2.2.
7.2.2 Minor status revisions to draft approved plans may include:
• A change that does not require additional technical studies
or revisions to existing technical studies;
Page 522 of 544
• A change to lot or block lines which do not significantly affect
the number of units or road patterns;
• A change to a proposed right-of-way width;
• A minor change to draft plan conditions that does not
significantly alter the intent of the condition;
• A change that does not conflict with any Provincial or
Regional policies; and
• A change that will not result in conflict with Official Plan
policies and Zoning By-law regulations.”
h) PART 4 SECTION 11 – COMMUNITY IMPROVEMENT is amended by adding
a new Policy 11.9 as follows:
“11.9 Approval of Simple Grant CIP applications as outlined in Policy
11.9.1 shall be delegated, by by-law, to the General Manager of
Planning, Building and Development or their designate in
accordance with the requirements of the Planning Act.
11.9.1 Simple Grant CIP applications include programs that offer
one-time grant payments valued up to $25,000.”
Page 523 of 544
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY LAW NO. 2023 - 108
A by-law to delegate the authority of approval for matters under Sections 39.2(1) and
51.2(1) of the Planning Act, R.S.O. 1990, c.P.13, as amended, and other development
matters.
WHEREAS Sections 23.1 and 23.2 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, authorizes a municipality to delegate certain powers and duties;
AND WHEREAS under the provisions of Subsection 39.2(1) of the Planning Act, as
amended by Bill 13, the Supporting People and Businesses Act, 2021, a Council of a
local municipality may, by by-law, delegate certain development approval powers and
duties to staff;
AND WHEREAS under subsections 39.2(1) and 51.2(1) of the Planning Act, the Council
of The Corporation of the City of Niagara Falls approved Official Plan Amendment No.
155 to specify the type of development applications in respect to which there may be a
delegation of authority of approval;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it
appropriate to delegate its powers and authority under Sections 39.2(1) and 51.2(1) of
the Planning Act, to the General Manager of Planning, Building and Development , or
their designate.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS HERBY ENACTS AS FOLLOWS:
Definitions
1. In this By-law,
a. “Approval” means the authority to sign for approval and execute an
agreement, contract, release, waiver, application and/or document
intended to bind the City and includes any renewal, amendment, or
termination thereof;
b. “City” means The Corporation of the City of Niagara Falls;
c. “Condominium Act” means the Condominium Act, 1998, S.O 1998, c.19,
as amended, and any successor legislation;
d. “Council” means the Council of The Corporation of the City of Niagara
Falls;
e. “Development Application” means an application for approval under the
Planning Act and may include Plans of Subdivision, Plans of
Condominium, Consents, Part Lot Control Exemption By-laws, Site Plans,
Community Improvement Plan, and Official Plan Amendments and Zoning
By-law Amendments;
Page 524 of 544
f. “General Manager” means the General Manager of Planning, Building and
Development, or their designate when the General Manager is unable to
conduct their duties pursuant to this by-law through illness or otherwise;
g. “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c.25, as
amended, and includes any Regulation passed under it, as applicable;
h. “Planning Act” means the Planning Act, R.S.O. 1990, c.P.13, as amended,
and includes any Regulation passed under it, as applicable; and
i. “Simple Grant” means any Community Improvement Plan program that
offers a one-time grant payment valued up to $25,000.
Approval Authority
2. Council hereby delegates its powers of Approval over certain Development
Applications to the General Manager of Planning, Building and Development, and
authorizes the General Manager to:
i. Pass a by-law that is minor in nature as outlined in the Official Plan under any
City Zoning By-law under Section 34 and Section 39.2 of the Planning Act;
ii. Pass a by-law to remove a Holding (H) Symbol under Section 36 of the
Planning Act;
iii. Pass a by-law to establish a Temporary Use or extend a Temporary Use By-
law under Section 39 of the Planning Act;
iv. Pass an Agricultural Purposes Only Zoning By-law amendment as part of a
Consent Application Condition under Section 34 of the Planning Act;
v. Pass a Deeming By-law under Section 50(4) of the Planning Act;
vi. Grant approval for consent applications for Validation of Title under Section
57 of the Planning Act;
vii. Grant approval for consent applications for Easements and Discharge of
Mortgage under Section 53 of the Planning Act;
viii. Grant approval to Lift Part Lot Control under Section 50(5) of the Planning
Act;
ix. Grant approval of minor modifications of a draft plan of subdivision or
condominium under Section 51(44) of the Planning Act, as established in the
Official Plan, and the authority not to issue a notice if such change is minor in
the opinion of the General Manager;
x. Grant approval to extend the lapsing period of a Draft Approved Plan of
subdivision or condominium under Section 51(32) of the Planning Act;
xi. Grant approval of a draft plan of condominium and impose conditions under
Section 51(25) of the Planning Act;
xii. Grant an exemption for a draft plan of condominium under Section 9(7) of the
Condominium Act from the provisions in Section 51 of the Planning Act; and
xiii. Grant approval of Simple Grant CIP applications under Section 29 and
Section 32 of the Planning Act.
Page 525 of 544
3. That any provision of any other by-law of the City that is inconsistent with this by-
law shall be of no force or effect.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 14th day of November, 2023.
....................................................... .......................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 526 of 544
CITY OF NIAGARA FALLS
By-law No. 2023-109
A by-law to provide for the adoption of Amendment No. 162 to the City of Niagara Falls
Official Plan (AM-2023-016).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN
ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL
MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS:
1. The attached text constituting Amendment No. 162 to the City of Niagara Falls
Official Plan is hereby adopted.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 14th day of November, 2023.
........................................................ ......................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 527 of 544
OFFICIAL PLAN AMENDNMENT NO. 162
PART 1 – PREAMBLE
(i) Purpose of the Amendment
The purpose of the amendment is to update existing policies and introduce
new policies within the City of Niagara Falls Official Plan to reflect the More
Homes Built Faster Act, 2022 which amended parts of the Planning Act to
permit Additional Dwelling Units (ADU) ‘as of right’ on certain residential lots
within the Urban Area Boundary of the City and implement Action 5 of the City
of Niagara Falls Housing Strategy.
(ii) Location of the Amendment
The amendment applies to all lands within the City of Niagara Falls.
(iii) Details of the Amendment
Text Change
• The amendment introduces the following policy changes:
o Updating existing policies to include duplexes as a housing
typology permitted to have ADUs;
o Amend terminology to ‘Additional Dwelling Unit’ from ‘Accessory
Dwelling Unit’ to ensure consistency;
o Introduce policies to permit one ADU in the Good General
Agriculture designation; and
o Introduce policies to ensure consistency of ADU policies
throughout the entirety of the Official Plan.
(iv) Basis of the Amendment
The More Homes Build Faster Act, 2022 has made amendments to the
Planning Act which does not permit Municipalities to pass Official Plan
policies or Zoning By-law provisions to restrict three residential units on a
parcel of urban residential land containing a detached dwelling, unit in a semi-
detached dwelling or an on-street townhouse dwelling unit, one of which may
be in an associated accessory building. The provisions would permit ADUs in
the following way:
a) Up to two ADUs in the existing dwelling, provided there are no ADUs
within an accessory building; or
Page 528 of 544
b) One ADU within the existing dwelling and one ADU within an accessory
building.
The Planning Act does not allow minimum size requirements for the ADUs
and limits parking requirements to one additional parking space per ADU.
The amendments also permit municipalities to introduce provisions to permit
additional dwelling units in rural areas.
The Planning Act does not permit appeals to the implementing Official Plan
Amendment or Zoning By-law Amendment, with the exception of the Minister.
Councils are also not permitted to pass Official Plan or Zoning By-law
amendments to restrict ADUs on urban residential land.
In 2018, City Council implemented policies and provisions to permit
Accessory Dwelling Units within residential areas up to a maximum of one
ADU per lot.
The City of Niagara Falls Housing Strategy, 2022 has several action items to
help meet the various housing needs of current and future residents of
Niagara Falls. Action #5 recommended providing opportunities for the
creation and ongoing monitoring of Additional Dwelling Units (Second Units)
to provide efficient opportunities for affordable housing options within existing
dwellings and within already developed areas and areas where new
developments will take place. ADUs increase the supply of market and
affordable rental housing by providing more diverse housing options and are
a way to provide the ‘missing middle’ of housing. The Housing Needs and
Supply Report found there is significant potential for the introduction of ADUs
among the City’s existing housing stock.
Based on the current practices with Accessory Units and general planning
guidelines, the Planning Department makes the following recommendations
on implementing Additional Dwelling Units within the City of Niagara Falls,
including:
a) ADUs will be permitted in both the Urban Area Boundary and within Rural
areas:
i. A maximum of two additional dwelling units per lot on a parcel of
urban residential land for a total of three units.
ii. A maximum of one additional dwelling unit per lot on a parcel of
rural residential land for a total of two units.
b) 1 additional parking space will be required for each ADU; and
c) Satisfying all applicable requirements of Zoning By-law, Building Code,
Fire Code and Property Standards By-law
Page 529 of 544
PART 2 – BODY OF THE AMENDMENT
All of this part of the document entitled PART 2 – Body of the Amendment, consisting of
the following text, constitute amendment No. 162 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. TEXT CHANGES
a) PART 1, SECTION 4 – HOUSING, Policy 4.3.5 is amended by:
Replacing the word “Accessory” with “Additional” and by adding the word
“duplex,” before the words “and townhouse dwellings”.
b) PART 1, SECTION 4 – HOUSING, Policy 4.12 is deleted in its entirety ad
replaced with the following:
“4.12 The City supports the provision of additional dwelling units.
Accordingly, additional dwelling units shall be permitted by the
Zoning By-law in single detached, semi-detached, duplex, or
townhouse dwellings. For clarity, where in conflict with any other
policies in this plan, these policies prevail. Zoning regulations shall
be based on the following:
4.12.1 An additional dwelling unit in the principal building and
an additional dwelling unit in an accessory building,
for a maximum of three residential dwellings units on
one property, shall be permitted.
4.12.2 Within the Good General Agriculture designation, an
additional dwelling unit in a detached dwelling or an
additional dwelling unit in an accessory building, for a
maximum of two residential dwelling units on one
property, shall be permitted.
4.12.3 The lot size and configuration are sufficient to
accommodate adequate parking, green spaces,
private servicing requirements and amenity areas for
both the principal dwelling and the additional dwelling
unit(s).
4.12.4 The additional dwelling unit(s) meets all applicable
law.
Page 530 of 544
4.12.5 The overall appearance and character of the existing
dwelling shall be maintained.
4.12.6 Accessory structures that have an additional dwelling
unit shall not be severed from the existing dwelling.
Within this Plan additional dwelling units may be referenced as
second units or accessory dwelling units.”
Page 531 of 544
CITY OF NIAGARA FALLS
By‐Law No. 2023 ‐ 110
A By‐law to amend By‐law No. 79‐200, as amended, to include Additional Dwelling Unit
policies within the City of Niagara Falls, to align with Bill 23 amendments to the Planning
Act.
WHEREAS Bill 23 amended the Planning Act, R.S.O. 1990, C.P.13 to permit two
Additional Dwelling Units ‘as of right’ on parcels of urban residential land containing a
detached, semi-detached, or on-street townhouse dwelling for a total of three dwelling
units on a lot;
AND WHEREAS in addition to the housing typologies noted above, the City wants to
include duplex dwelling as a housing type permitted to have Additional Dwelling Units;
AND WHEREAS in addition to permitting Additional Dwelling Units on parcels of urban
residential land, the City wants to permit one Additional Dwelling Unit on a parcel of
rural land containing a detached dwelling for a maximum of two dwelling units on a lot;
AND WHEREAS in order to bring City policies into alignment with the Bill 23
amendments to the Planning Act it is necessary to amend the City’s Zoning By -law No.
79-200 to include Additional Dwelling Unit provisions;
AND WHEREAS it is deemed desirable to amend By-law 79-200 accordingly.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS AS FOLLOWS:
1. SECTION 2 – DEFINITIONS is amended as follows:
(a) by deleting the definition for “SECOND UNIT”
(b) by deleting the definition for “ACCESSORY BUILDING” and replacing with
the following:
“ACCESSORY BUILDING” means a detached building which is normally
and naturally incidental, subordinate, and exclusively devoted to the
principal use of a lot and located on the same lot as the main building which
is not used for human habitation except where permitted as an additional
dwelling unit.
(c) by adding the following definitions alphabetically:
Page 532 of 544
“ADDITIONAL DWELLING UNIT” means a dwelling unit contained
within a detached dwelling, unit in a semi-detached dwelling, duplex
dwelling unit, or an on-street townhouse dwelling unit or within an
accessory building accessory to a detached dwelling, unit in a semi-
detached dwelling, duplex dwelling unit, or an on-street townhouse
dwelling unit located on the same property.
“PARCEL OF RURAL LAND” means a parcel of land that is outside
the urban area boundary on which residential use, other than
ancillary residential use, is permitted and which is served by private
sewer and water services.
“PARCEL OF URBAN RESIDENTIAL LAND” means a parcel of land
that is within the urban area boundary on which residential use, other
than ancillary residential use, is permitted and which is served by
municipal sewer and water services as defined in the Planni ng Act,
R.S.O 1990, C.P.13
2. SECTION 4 – GENERAL PROVISIONS is amended by adding the following to
Table 1 under 4.19.1
Additional Dwelling Unit 1 parking space for each additional dwelling unit,
which may be provided in tandem
3. SECTION 4 – GENERAL PROVISIONS is further amended by deleting the
following in Table 1 under 4.19.1:
Dwelling containing 3 or
more dwelling units save
and except an on street
townhouse dwelling
1.4 parking space for each dwelling unit
And replacing it as follows:
Dwelling containing 4 or
more dwelling units save
and except an on street
townhouse dwelling
1.4 parking space for each dwelling unit
4. SECTION 4 – GENERAL PROVISIONS is amended by adding the following:
Page 533 of 544
“4.45 ADDITIONAL DWELLING UNITS:
4.45.1 PARCEL OF URBAN RESIDENTIAL LAND: additional dwelling
units may be permitted in a detached dwelling, semi-detached dwelling
unit, duplex dwelling, or an on-street townhouse dwelling unit where the
dwelling type is permitted on lands zoned R1A, R1B, R1C, R1D, R1E,
R1F, R2, R3, DC, DTC, TRM. The following additional provisions shall
apply:
a) two additional dwelling units may be permitted on a parcel of
urban residential land where a detached dwelling, semi-
detached dwelling unit, or an on-street townhouse dwelling
unit is permitted, subject to the regulations of 4.45.3 and
4.45.4. This may be either:
i. two additional dwelling units within a detached
dwelling, semi-detached dwelling unit, or an on-street
townhouse dwelling unit; or
ii. one additional dwelling unit in a detached dwelling,
semi-detached dwelling unit, or an on-street
townhouse dwelling unit and one additional dwelling
unit in an accessory building to a detached dwelling,
semi-detached dwelling unit, or an on-street
townhouse dwelling unit.
b) one additional dwelling unit may be permitted on a parcel of
urban residential land where a duplex dwelling is permitted,
subject to the regulations of 4.45.3 and 4.45.4. This may be:
i. one additional dwelling unit in a duplex dwelling or
one additional dwelling unit in an accessory building
to a duplex dwelling.
4.45.2 PARCEL OF RURAL LAND: an additional dwelling unit may be
permitted a detached dwelling where the following dwelling type is
permitted on lands zoned A or R and the following additional provisions
shall apply:
a) one additional dwelling unit shall be permitted on a parcel of
rural land subject to the provisions of 4.45.3, 4.45.4 and
4.45.5. This may be either:
i. one additional dwelling unit within a detached
dwelling, or
ii. one additional dwelling unit in an accessory building
to a detached dwelling.
4.45.3 PARKING: Parking and access requirements in accordance with
section 4.19.1.
Page 534 of 544
4.45.4 ADDITIONAL DWELLING UNITS IN ACCESSORY BUILDINGS:
Additional dwelling units in an accessory building are subject to the
following provisions:
(a) The accessory building containing an additional dwelling may be
permitted in a rear yard or interior side yard provided the unit shall
be a minimum of 1.2 metres from the rear lot line and interior side lot
lines, save and except for unsupported canopies, eaves or gutters
which may project a distance of not more than 0.45 metres into the
required yard;
(b) No roofed-over one storey porch or deck shall be closer than 1.2
metres from the rear lot line;
(c) The total lot coverage of all accessory buildings and accessory
structures on a lot shall not exceed 93 square metres and in no case
shall the total lot coverage of all buildings and structures exceed the
maximum lot coverage regulation of the specific zone;
(d) An accessory building containing an additional dwelling unit shall not
exceed 7 metres in height, but in no event shall any part of the walls
or supporting posts, excluding any gable or dormer, exceed 5.5
metres in height; and
(e) The balance of regulations applicable to the zone the additional
dwelling unit is located.
4.45.5: PARCEL OF RURAL LAND ADDITIONAL DWELLING UNIT
PROVISIONS: the following provisions apply to rural additional dwelling
units:
a) An additional dwelling unit shall not be permitted within a building or
structure used for any agricultural use;
b) An additional dwelling unit must be in accordance with Section 4.32;
c) An additional dwelling unit in an accessory building in the A or R
zone shall be located no more than 15 metres from the detached
dwelling; and,
d) All other regulations of 4.45.4 apply.”
5. SECTION 5 - GENERAL PROVISIONS FOR RESIDENTIAL ZONES is amended
by deleting Sections 5.12 and 5.13 in their entirety.
6. Section 7.1.1 PERMITTED USES is amended by adding the following subsection:
“(f) Additional dwelling unit(s) subject to the provisions of Section 4.45”
Page 535 of 544
7. Section 7.2.1 PERMITTED USES is amended by adding the following subsection:
“(f) Additional dwelling unit(s) subject to the provisions of Section 4.45 ”
8. Section 7.3.1 PERMITTED USES is amended by adding the following subsection:
“(f) Additional dwelling unit(s) subject to the provisions of Section 4.45 ”
9. Section 7.4.1 PERMITTED USES is amended by adding the following subsection:
“(f) Additional dwelling unit(s) subject to the provisions of Section 4.45 ”
10. Section 7.5.1 PERMITTED USES is amended by adding the following subsection:
“(f) Additional dwelling unit(s) subject to the provisions of Section 4.45 ”
11. Section 7.5A.1 PERMITTED USES is amended by adding the following
subsection:
“(f) Additional dwelling unit(s) subject to the provisions of Section 4.45”
12. Section 7.7.1 PERMITTED USES is amended by adding the following subsection:
“(h) Additional dwelling unit(s) subject to the provisions of Section 4.45 ”
13. Section 7.8.1 PERMITTED USES is amended by adding the following subsection:
“(j) Additional dwelling unit(s) subject to the provisions of Section 4.45 ”
14. Section 7.16.1 PERMITTED USES is amended by adding the following subsection:
“(h) Additional dwelling unit(s) subject to the provisions of Section 4.45 ”
15. Section 8.3.1 PERMITTED USES is amended by adding the following subsection:
“(g) Additional dwelling unit(s) subject to the provisions of Section 4.45 ”
16. Section 8.8.1 PERMITTED USES is amended by adding the following subsection:
“(f) Additional dwelling unit(s) subject to the provisions of Section 4.45 ”
17. Section 12.1 PERMITTED USES is amended by adding the following subsection:
Page 536 of 544
“(f) An additional dwelling unit subject to the provisions of Section 4.45”
18. Section 13.1 PERMITTED USES is amended by adding the following subsection:
“(f) An additional dwelling unit subject to the provisions of Section 4.45”
19. Section 15.1 PERMITTED USES is amended by adding the following subsection:
“(l) An additional dwelling unit subject to the provisions of Section 4.45”
20. All other applicable provisions and regulations set out in By-law No. 79-200, as
amended, shall continue to apply with all necessary changes in detail.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 14th day of November, 2023.
....................................................... .......................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 537 of 544
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2023 - 111
A by-law to amend By-law No. 89-2000, being a
by-law to regulate parking and traffic on City
Roads. (Limited Parking, Heavy Vehicle
Restriction, Speed Limits on Highways – 60km/h)
---------------------------------------------------------------
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. By-law No. 89-2000, as amended, is hereby further amended:
(a) by removing from the specified columns of Schedule E thereto the following item:
LIMITED PARKING
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
COLUMN 3
BETWEEN
COLUMN 4
TIMES OR DAYS
COLUMN 5
MAXIMUM
PERIOD
PERMITTED
Zimmerman
Ave.
Both
Park St. and Bridge St. 9:00am. To
5:00 p.m.
Mon. to Fri.
2 hours
(b) by adding to the specified columns of Schedule S thereto the following item:
HEAVY VEHICLE RESTRICTION
COLUMN 1
HIGHWAY
COLUMN 2
BETWEEN
COLUMN 3
TIMES/DAYS
First Ave. Bridge St. and Maple St. At All Times
No Busses
Up to $5,000 Fine
Page 538 of 544
(c) by removing from the specified columns of Schedule W-60 thereto the following item:
SPEED LIMITS ON HIGHWAYS – (PART2 – 60KM/H)
COLUMN 1
HIGHWAY
COLUMN 2
BETWEEN
COLUMN MAXIMUM
SPEED (KM/H)
Dorchester Rd. Mountain Rd. and a point 599 m north of Mountain Rd. 60
This By-law shall come into force when the appropriate signs are installed.
Read a first, second, third time and passed.
Signed and sealed in open Council on this 14th day of November, 2023.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 539 of 544
CITY OF NIAGARA FALLS
By-law No. 2023-112
A by-law to appoint a Drainage Engineer pursuant to The Drainage Act,
R.S.O. 1990.
WHEREAS Subsection (1) of Section 93 of The Drainage Act provides that the council of
a municipality may by by-law appoint a Drainage Engineer, to examine an area requiring
drainage as described in a Petition for Drainage Works and to prepare a report which
shall include:
(a) plans, profiles and specifications of the drainage works, including a description of the
area requiring drainage;
(b) an estimate of the total cost thereof;
(c) an assessment of the amount or proportion of the cost of the works to be assessed
against every parcel of land and road for benefit, outlet liability and injuring liability;
(d) allowances, if any, to be paid to the owners of land affected by the drainage works;
and
(e) such other matters as are prescribed or provided for under the Drainage Act.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. K. Smart Associates Limited is hereby appointed as Drainage Engineer to
examine the area requiring drainage, as described in the Petition for Drainage
Works for 5981 Willow Road dated June 6, 2023, and prepare a report pursuant
to the Drainage Act, R.S.O. 1990.
2. The by-law comes into force on the day of its passing.
Read a first, second and third time; passed, signed and sealed in open Council this
14th day of November, 2023
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 540 of 544
CITY OF NIAGARA FALLS
By-law No. 2023-113
A by-law to amend By-law No. 79-200, to permit the existing 3-unit dwelling and vacation
rental units (AM-2023-009).
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. The Lands that are the subject of and affected by the provisions of this by-law are
described in Schedule 1 of this by-law and shall be referred to in this by-law as the
“Lands”. Schedule 1 is a part of this by-law.
2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to
permit the use of the Lands in a manner that would otherwise be prohibited by this
by-law. In the case of any conflict between a specific provision of this by -law and
any existing provision of By-law No. 79-200, the provisions of this by-law are to
prevail.
3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following
uses and regulations shall be the permitted uses and regulations governing the
permitted uses on and of the Lands.
4. The permitted uses shall be:
(a) The uses permitted in a DTC zone
(b) A 3-unit dwelling, existing on the date of the passage of this bylaw as
shown in Schedule 1
(c) A vacation rental unit within a dwelling unit, that complies with the
regulations set out in section 4.38 of By-law No. 79-200
5. The regulations governing the permitted uses shall be the front yard depth and
exterior side yard width, of the building existing on the date of the passage of this
bylaw as shown in Schedule 1, and:
(a) Minimum number of required
parking spaces
In accordance with Section 4.19.1 of
By-law No. 79-200.
(b) Maximum area of a rear yard
which can be used as a parking
area
79.1 square metres
Page 541 of 544
(c) The balance of regulations specified for a DTC use.
6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply
to govern the permitted uses on the Lands, with all necessary changes in detail.
7. No person shall use the Lands for a use that is not a permitted use.
8. No person shall use the Lands in a manner that is contrary to the regulations.
9. The provisions of this by-law shall be shown on Sheet D4 of Schedule “A” of By-
law No. 79-200 by redesignating the Lands from DTC to DTC and numbered 1219.
10. Section 19 of By-law No. 79-200 is amended by adding thereto:
19.1. 1219 Refer to By-law No. 2023-113.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 14th day of November, 2023.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 542 of 544
113
Page 543 of 544
CITY OF NIAGARA FALLS
By-law No. 2023 – 114
A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the
14th day of November, 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 14th day of November 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 14th day of November, 2023.
.............................................................. .............................................................
BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 544 of 544