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01-16-2024 AGENDA City Council Meeting 4:00 PM - Tuesday, January 16, 2024 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: Kate Dunham (Singing live in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 2. ADOPTION OF MINUTES 2.1. Council Minutes of December 12, 2023 City Council - 12 Dec 2023 - Minutes - Pdf 10 - 28 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. PLANNING MATTERS 5.1. PBD-2024-01 (Report and presentations added) AM-2023-023 - Zoning By-law Amendment 5438 Ferry Street Proposal: To rezone the property to facilitate the development of a 30-storey, mixed-use building containing 456 dwelling units and 2 commercial units. Applicant: 1788618 Ontario Inc. (Rick Dritsacos) Agent: Quartek Group Inc. (Eric Potts) PBD-2024-01 - Pdf 29 - 76 Page 1 of 405 Presentation (Staff) AM-2023-023 - 5438 Ferry Street Presentation (Applicant) AM-2023-023 - 5438 Ferry Street Comments from Resident - 5.1 6. DEPUTATIONS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 6.1. Presentation - Steven deBoer, Mission Pastor, from The Bridge Steven deBoer, Mission Pastor, from The Bridge, to present his new program with the Hotels and Convention Centre (Food Recovery project and partnership with La Tablee Des Chefs) and how the innovative program re-distributes food throughout the City. 6.2. Alzheimer Society January is Alzheimer Awareness Month. As such, Anne Radojcic, Board Member of the Alzheimer Society of Niagara Region is requesting to present to Council information on Alzheimer's Disease, their programs and services and their search for new board members. Alzheimer Society - request to present to Council Alzheimer Niagara for Councillors Agenda Package Deputation 2024 77 - 80 6.3. Niagara Falls Innovation Hub (Testimonials and presentation added) Dan Bordenave, CEO, Niagara Falls Innovation Hub, to present to Council a review of 2023 and a summary of the Niagara Falls Innovation Hub project.Educational field trip testimonials attached from students at St. John Henry Newman Catholic Elementary School (Grade 8 students). Presentation (Updated) NFIH January 14 City Council 2024 Email from Mr Quaranta from St. John Henry Newman Catholic Elementary School Audrey's Letter To Mayor Letter About the Hub -By Ariana Testimonials from Grade 8 students - Notre Dame Elementary 81 - 134 Page 2 of 405 School 6.4. F-2024-02 (Report and Presentation added) 2024 Boards and Commissions, Fee for Service, Grants and Honorariums Recommendations The following grant recipient groups are requesting to speak before Council: 1. Birchway Niagara (formerly Women's Place of Niagara) - Jennifer Gauthier, Executive Director 2. Project Share - Pam Sharp, Executive Director 3. YWCA Niagara Region - Elisabeth Zimmermann, Executive Director - updating Council on the programs and services offered by the YWCA in Niagara Falls. F-2024-02 - 2024 Boards and Commissions, Fee for Service, Grants and Honorariums Recommendations - Pdf Project Share - Presentation YWCA - Niagara Falls Chambers Presentation 135 - 153 6.5. Niagara Falls Public Library - 2024 Operating Budget (Presentation added) Alicia Subnaik Kilgour, Chief Librarian, will be providing a brief presentation to Council. Anne Andres-Jones, Chair of Library Board and John Anstruther, Vice-Chair of the Library Board will also be in attendance. Presentation - NFPL 2024 Budget presentation to Council 154 - 167 7. IN CAMERA SESSION OF COUNCIL 7.1. In-Camera Resolution (added) January 16, 2024 - Resolution to go In-Camera 168 8. REPORTS 8.1. CAO-2024-01 Social Services Grants CAO-2024-01 - Pdf 169 - 180 Page 3 of 405 8.2. MW-2024-02 Brown Road Watermain Replacement – Contract Award (2023-557-21) MW-2024-02 - Pdf 181 - 185 8.3. PBD-2024-02 Quarter 3 Development and Housing Report and Provincial Reporting PBD-2024-02 - Pdf 186 - 206 9. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. 9.1. F-2024-05 2024 Interim Tax Levy It is recommended: THAT Council approve the 2024 Interim Tax Levy calculation and by-law providing for the 2024 Interim Tax Levy. F-2024-05 2024 Interim Tax Levy - Pdf 207 - 208 9.2. MW-2024-01 Summary of 2024 Traffic & Parking By-law Amendments MW-2024-01 - Pdf 209 - 214 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. Page 4 of 405 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. 10.1. Proclamation Request - World Parkinson's Day April is Parkinson's Awareness Month and April 11, 2024 is World Parkinson's Day. The Passion for Parkinson's Foundation is requesting that Council proclaim Thursday, April 11, 2024 as "World Parkinson's Day" and arrange for the lighting of City Hall in blue in recognition. Recommendation: For the Approval of Council. Proclamation Request - World Parkinson's Day 215 - 216 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive and file for information Item #11.1 through to and including Item #11.6. 11.1. Letter from Ministry of Municipal Affairs and Housing - Greenbelt Statute Law Amendment Act, 2023 receives Royal Assent - City of Niagara Falls Sean Fraser, Assistant Deputy Minister, Planning and Growth Division, Ministry of Municipal Affairs and Housing, has sent the attached letter to Municipal Clerk's/CAOs for information. Recommendation: For the Information of Council. Letter from Ministry of Municipal Affairs & Housing - Greenbelt Statute Law Amendment Act 217 - 221 11.2. Resolution - Town of Lincoln - Provincial Commitment - Bill 23 Attached is a resolution from the Town of Lincoln, passed on Wednesday, December 13, 2023 in support of a Provincial commitment to provide municipalities necessary infrastructure funding to support housing as a result of the impacts of Bill 23 and other legislation. Recommendation: For the Information of Council. 2023-12-14 - TOL Resolution RE Provincial Committment - Bill 23 222 - 225 11.3. Resolution - Town of Aurora - Community Safety and Inciteful Speech Attached is correspondence from the Town of Aurora Council 226 - 229 Page 5 of 405 meeting of December 12, 2023, regarding a resolution adopted by Council respecting Community Safety and Inciteful Speech. Recommendation: For the Information of Council. Letter-AuroraResolution-Community Safety and Inciteful Speech 11.4. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following: 1. Niagara Regional Report PW 53-2023 Waste Management By-law Update 2. 2024 Budget - Waste Management Services Operating Budget and Requisition Recommendation: For the Information of Council. CLK-C 2023-144 PW 53-2023 Waste Management By-law Update CLK-C 2024-002 CSD 48-2023 2024 Waste Management Services Operating Budget and Requisition 230 - 339 11.5. Letter to Council - Potential Municipal Equipment Operator Course Attached is a letter from the Association of Ontario Road Supervisors requesting Councils to review. Recommendation: For the Information of Council. AORS SDF Application - Letter to Clerks and Members of Council Municipal Equipment Operator Course - Notice of Motion 340 - 342 11.6. Comments from Resident Comments from Resident 343 - 351 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Appointments to Transportation Strategy Steering Committee The Regional Clerks Office is looking for a City Council Representative for the Transportation Strategy Steering Committee. 352 - 363 Page 6 of 405 Recommendation: THAT Council appoint one representative to the Region's Transportation Steering Committee for the balance of the current term. CLK-C 2023-146 Transportation Strategy Steering Committee TSSC Terms of Reference 13. RATIFICATION OF IN-CAMERA 14. MOTION 14.1. At the previous Council meeting of December 12, 2023, Councillor Lococo brought forth the following motion regarding the Niagara Region Transit. Motion: 1)THAT staff be directed to report back to Council as to whether the transit amalgamation has met the goals that were outlined to this Council for the amalgamation; and 2)THAT staff provide a range of options to Council as to how to work with the Niagara Transit Commission/Niagara Region Transit to obtain increased efficiency & transparency. 3)THAT staff be directed to begin conversations with Niagara Transit Commission/Niagara Region Transit regarding the process and cost of expanding the transit system to the new Regional Hospital on Montrose and Biggar Roads. 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. 2024-A by-law to amend By-law No. 79-200, to permit the use of the 364 - 366 Page 7 of 405 001. lands for the development of 6 townhouse dwelling units in 1 block, together with a semi-detached dwelling. (AM-2023-024). By-law 2024-001 - AM-2023-024 - 3090 Montrose Road - ZBA 2024- 002. A by-law to amend By-law No. 79-200, to permit the use of the lands for the development of 9 townhouse dwelling units in 2 blocks, together with 3 detached dwellings (AM-2023-020). By-law 2024-002 - AM-2023-020 - 3151 Montrose Road- ZBA 367 - 369 2024- 003. A by-law to amend By-law No. 79-200, to permit the use of the lands for 3 stacked townhouse dwellings containing 43 dwelling units. (AM-2022-030). By-law 2024-003 - AM-2023-030 - 5829, 5821, 5809 McLeoad Road - ZBA 370 - 372 2024- 004. A by-law to amend By-law No. 79-200, to permit the use of the lands for the development of 44 townhouse dwelling units in 9 blocks, together with 1 detached dwelling and 2 semi-detached dwellings and to repeal By-law No. 1988-134 (AM-2023-010). By-law 2024-004 - AM-2023-010 - 7735, 7751 & 7769 Thorold Stone Road (& vac parcel) - ZBA 373 - 375 2024- 005. A by-law to amend By-law No. 395-1966, By-law No. 2003-078 and By-law No. 79-200, to fulfill conditions of approval of consent applications B-2022-002 to 004 (inclusive) and permit 3 detached dwelling units (AM-2023-018). By-law 2024-005 - AM-2023-018 - Ort Road and Lyons Creek Pkwy - ZBA 376 - 379 2024- 006. A by-law to provide for the adoption of Amendment No. 163 to the City of Niagara Falls Official Plan (AM-2023-015). By-law 2024-006 - AM-2023-015 - Stanley and Portage - OPA 380 - 383 2024- 007. 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). By-law 2024-007 - AM-2023-015 - Stanley and Portage - ZBA 384 - 386 Page 8 of 405 2024- 008. A by-law to amend By-law No. 79-200, to permit a semi-detached dwelling (AM-2023-021). By-law 2024-008 - AM-2023-021 - Hawkins Street - ZBA 387 - 389 2024- 009. A by-law to provide for the adoption of Amendment No. 164 to the City of Niagara Falls Official Plan (AM-2023-017). By-law 2024-009 - AM-2023-017 - 8004 Lundy's Lane - OPA 390 - 393 2024- 010. A by-law to amend By-law No. 79-200, to permit 87 dwellings units within two existing two-storey buildings and repeal By-law No. 2018-120 (AM-2023-017). By-law 2024-010 - AM-2023-017 - 8004 Lundy's Lane - ZBA 394 - 396 2024- 011. 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 480 square metres of ground floor commercial space and 162 dwelling units, subject to the removal of a Holding (H) symbol (AM-2023-014). By-law 2024-011 - AM-2023-014 - Stanley and North - ZBA 397 - 401 2024- 012. A by-law to provide an interim levy of realty taxes. By-law 2024-012 - 2024 Interim Levy Bylaw 402 2024- 013. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs at Intersections, Speed Limits on Highways (Part 2 – 60 km/h) and (Part 4 – 80 km/h)) By-law 2024-013 - 01 16 2024 - No Parking, Speed Limits on Highways 403 - 404 2024- 014. A by-law to adopt, ratify and confirm the actions of the City Council at its Special meeting held on the 16th day of January, 2024. By-law 2024-014 - 01 16 24 Confirming By-law 405 17. ADJOURNMENT Page 9 of 405 MINUTES City Council Meeting 1:00 PM - Tuesday, December 12, 2023 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, December 12, 2023, at 1:16 PM in the Council Chambers, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, Councillor Victor Pietrangelo (arrived at 3:05 PM), Councillor Mike Strange, Councillor Wayne Thomson (present in Chambers) Councillor Wayne Campbell (present via Zoom) STAFF PRESENT: Jason Burgess, Bill Matson, Andrew Bryce, Kathy Moldenhauer, Nidhi Punyarthi, Chief Jo Zambito, Erik Nickel, Tiffany Clark, Trent Dark, Shelley Darlington, Margaret Corbett, Heather Ruzylo (present in Chambers) Dave Etherington (present via Zoom) 1. CALL TO ORDER The meeting was called to order at 1:16 PM. 2. ADOPTION OF MINUTES 2.1. Council Minutes of November 14, 2023 Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council approve the minutes of the November 14, 2023. Carried Unanimously (Councillors Campbell and Pietrangelo were absent from the vote). 2.2. Council Minutes of November 28, 2023 (Special Council Meeting - Budget) Moved by Councillor Tony Baldinelli Seconded by Councillor Mona Patel THAT Council approve the minutes of the November 28, 2023 (Special Council Meeting - Budget). Carried Unanimously (Councillors Campbell and Pietrangelo were absent from the vote). 3. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Pietrangelo declared a conflict of interest to the following agenda items: Page 1 of 19 Page 10 of 405  #7.9 - PBD-2023-81 and #9.1 - PBD-2023-73 as the Councillors' main residence is within the notification zone. 4. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following:  Rod Perrier, husband of retired City employee, Toni Lynn Perrier.  Donna Weins, mother of Brad Weins of our Fire Department. b) Mayor Diodati mentioned the following events: Niagara Riverhawks- Cancer Awareness Night •Also attended by Councillor Strange SPCA Winter Auction Fundraiser Councillor Representation Councillor LococoFaith Fellowship Church Fundraiser Business Happenings—grand openings: [photos were shown for each] •Niku Japanese BBQ 1 Year Anniversary oAlso attended by Councillor Pietrangelo •Lugo Clinic New Location Opening •Tide & Vine’s Fish Market oAlso attended by Councillor Baldinelli, Thomson and Patel •On The Ridge Cannabis oAlso attended by Councillor Patel Flag Raising: [photo shown] •Romania’s National Day oAlso attended by Councillor Thomson Coming up: •Merry Christmas/ Happy Holidays – however you celebrate! c) The next closed Council meeting is scheduled for Monday, January 15, 204 (Budget Q&A). The next Council meeting is scheduled for Tuesday, January 16th, 2024. 5. DEPUTATIONS / PRESENTATIONS 5.1. PBD-2023-83 Agreement Renewal - Niagara SPCA & Humane Society John Greer, General Manager from the SPCA, provided a presentation to Council. Page 2 of 19 Page 11 of 405 Gerald Spencer, Manager of Municipal Enforcement Services, attended virtually and added comments. Sandra MacKeigan, of 8055 McLeod Road, spoke citing her opinions of the SPCA. Moved by Councillor Mike Strange Seconded by Councillor Mona Patel 1. THAT Council of the City of Niagara Falls receive report PBD-2023-83 and renew a 5-year single source contractual agreement with the City of Niagara Falls SPCA and Humane Society. 2. THAT Council delegate the CAO and the City Solicitor to finalize and sign a contract under the general economic terms outlined in this report. 3. THAT additional information pertaining to the SPCA be added to our website to provide education to the public. Carried Unanimously (Councillor Pietrangelo and Campbell were absent from the vote). 5.2. PBD-2023-82 Planning Services Fee Review Sean-Michael Stephen, consultant from Watson and Associates Economists Ltd., was in attendance to provide comments, however, his presentation was not needed. Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel 1. Council approve the recommendations contained in the Planning Services Fee Study; and 2. That Council approve an additional 3% increase in fees for 2024 to reflect the cost of living increase. Carried (Councillor Lococo was opposed and Councillor Pietrangelo and Campbell were absent from the vote). 5.3. F-2023-37 Mayor's Proposed Draft 2024 Water and Wastewater Budgets Tiffany Clark, Director of Finance, provided the 2024 Water and Wastewater Budget presentation to Council. Adam Allcock, Senior Manager of Water and Wastewater was in attendance to respond to Council questions. Page 3 of 19 Page 12 of 405 Councillor Pietrangelo arrived at 3:05 PM. Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg 1. THAT Council RECEIVE the 2024 Mayor's Proposed Draft 2024 Water and Wastewater budgets with revenues and expenses totaling $27,941,206.00 and $33,812,027.00 respectively. 2. THAT Council APPROVE the use of reserve funding as outlined in Attachment 5. 3. THAT Council makes amendments (if any) to the Mayor's Proposed Draft 2024 Water and Wastewater budgets, by way of resolution, during this regular meeting of Council (December 12, 2023); and 4. FURTHER, should Council be satisfied all possible amendments have been considered, that by way of resolution, Council shorten the 30 day review period, allowed under the Strong Mayors Act, by 25 days, such that the review period ends on December 12, 2023; and If no amendments have been made and recommendation #4 has been approved to shorten the review period, then the budget will be deemed adopted (i.e. approved) as of December 12, 2023. Carried (Councillor Lococo was opposed and Councillor Campbell was absent from the vote). 6. IN CAMERA SESSION OF COUNCIL 6.1. In-Camera Resolution (for January 15, 2024 In-camera session) Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson THAT Council enter into an In-Camera session for January 15, 2024. Carried Unanimously (Councillor Campbell was absent from the vote). 6.2. In-Camera Resolution (for December 12, 2023) Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson THAT Council enter into an In-Camera session for December 12, 2023. Carried Unanimously (Councillor Campbell was absent from the vote). 7. REPORTS 7.1. CAO-2023-07 Page 4 of 19 Page 13 of 405 Land Acknowledgement - Legal Opinion Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel THAT Report CAO-2023-07 be referred to staff to have a report come back at a future Council meeting. Carried Unanimously (Councillor Campbell was absent from the vote). 7.2. F-2023-30 2024 Schedule of Fees Moved by Councillor Mike Strange Seconded by Councillor Victor Pietrangelo 1. THAT the Schedule of Fees, as presented in the attached schedule, BE APPROVED with fees effective January 1, 2024. 2. And, THAT staff report back throughout the year with further amendments to the Schedule of Fees, as required, stemming from ongoing fee study's being performed in various departments. Carried (Councillor Lococo was opposed to the vote and Councillor Campbell was absent from the vote). 7.3. F-2023-38 Debenture Financing For Adopted 2024 Capital Budget Moved by Councillor Mike Strange Seconded by Councillor Victor Pietrangelo 1. THAT the Annual Repayment Limit (ARL) in Attachment 3 and Revised Annual Repayment Limit (ARL) in Attachment 5 , BE RECEIVED for information; 2. THAT the debt swaps proposed in Attachment 1, to reduce the City’s debt obligations for projects less than $1M, BE APPROVED. 3. THAT the debt financing outlined in Attachment 2, per the 2024 Capital Budget BE RECEIVED; 4. THAT the revised debt financing in Attachment 4, inclusive of proposed debt swaps, BE REFERRED to the City's 2024 operating budget process; 5. THAT the net tax levy impact of 0.94% for 2024 capital projects being debt financed via the City's 2024 Capital Budget, inclusive of debt swaps in Attachment 1, BE REFERRED to the 2024 Tax Levy Supported Operating Budget process; 6. THAT staff BE AUTHORIZED to execute all agreements necessary to finance capital projects with debentures as outlined in Attachment 4. Page 5 of 19 Page 14 of 405 Carried (Councillor Lococo was opposed and Councillor Campbelll was absent from the vote). 7.4. FIR-2023-03 Total Solar Eclipse Update #1 - April 8, 2024 Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson THAT Council receive and file report FIR-2023-03. Carried Unanimously (Councillor Campbell was absent from the vote). 7.5. L-2023-23 Moving Towards an Administrative Monetary Penalties System (AMPS) for Non-Parking Matters Moved by Councillor Mona Patel Seconded by Councillor Mike Strange 1. THAT Council receive this report for information purposes; 2. THAT Council approve and enact the Non-Parking Administrative Monetary Penalties By-law attached at Appendix 1 to this Report (hereinafter referred to as the “Non-Parking AMPS By-law”); 3. THAT the Designated By-laws referred to in the Schedules of the Non- Parking AMPS By-law be deemed amended by the Non-Parking AMPS By-law such that listed violations under those Designated By-laws are subject to the administrative monetary penalties system as of the effective date of the Non-Parking AMPS By-law; 4. THAT the policies, procedures, and agreements in place for the operation of the parking administrative monetary penalties system be amended and expanded to include application to the non-parking administrative monetary penalties system; and 5. THAT Council delegate authority to the Chief Administrative Officer, the General Manager of Planning, Building and Development, the Manager of Municipal Enforcement Services and the City Solicitor and their further delegates as appropriate to take any step or action necessary to administer the Non-Parking AMPS By-law. Direction to Staff: to have Finance report back with an update for Council as to how AMPS is progressing. Carried Unanimously (Councillor Campbell was absent from the vote). 7.6. MW-2023-36 Water, Wastewater, Storm Sewer, and Streetlighting Locates Contract Extension Moved by Councillor Victor Pietrangelo Page 6 of 19 Page 15 of 405 Seconded by Councillor Wayne Thomson THAT Niagara Falls City Council authorize Staff to extend the contract with Ontario Utility Locates Inc. of Niagara Falls, Ontario for six months for the provision of Public Utility Locating Services for City-owned water, wastewater, storm sewer and streetlighting infrastructure as required by Provincial Legislation. Carried Unanimously (Councillor Campbell was absent from the vote). 7.7. PBD-2023-79 26CD-11-2023-005 Draft Approval Vacant Land of Condominium Vacant Land – Dorchester Road (PID-347942) Roll Number: 272511000102704 Applicant: G & G Developments Inc. (Guy Pellegrino) Agent: Peter Lesdow Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1. That the Draft Plan of Condominium for vacant land located on Dorchester Road, south of Sunrise Court be draft approved subject to the draft plan conditions in Appendix A; 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the Condominium when all matters are addressed to the satisfaction of the City Solicitor. Carried Unanimously (Councillor Campbell was absent from the vote). 7.8. PBD-2023-80 26CD-11-2023-006 Draft Plan of Vacant Land Condominium Approval 5500 Marineland Parkway & Abutting Vacant Lands Applicant: Marina (Thundering Waters) Developments Inc. Agent: NPG Planning Solutions Inc. (Mary Lou Tanner) Mary Lou Tanner, agent from NPG Planning Solutions Inc, spoke in support of the staff report. Page 7 of 19 Page 16 of 405 Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel 1. That the Draft Plan of Vacant Land Condominium for 5500 Marineland Parkway and abutting vacant lands be draft approved, subject to the conditions contained in Appendix A; 2. That the Mayor or designate be authorized to sign the Draft Plan of Vacant Land Condominium as "approved" 20 days after Notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 3. That Draft Plan approval be given for three years, after which approval will lapse unless an extension is requested by the Owner/Developer and granted by Council; and, 4. That the Mayor and City Clerk be authorized to execute the Condominium Agreement(s) and any required documents to allow for the future registration of the Condominium(s) when all matters are addressed to the satisfaction of the City Solicitor. Carried (Councillor Baldinelli was opposed to the vote and Councillor Campbell was absent from the vote). 7.9. PBD-2023-81 26CD-11-2022-006 – Draft Plan of Vacant Land Condominium 3770 Montrose Road Applicant: Cassone Dwellings (BT) Inc. (Brandon Rossi) Moved by Councillor Mike Strange Seconded by Councillor Lori Lococo 1. THAT the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 2. THAT the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been filed with the Clerk; 3. THAT draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and, 4. THAT the Mayor and City Clerk be authorized to execute the Vacant Land of Condominium Agreement and any required documents to allow for the future registration of the Vacant Land of Condominium when all matters are addressed to the satisfaction of the City Solicitor. Carried Unanimously (Councillor Campbell was absent from the vote). 8. CONSENT AGENDA 8.1. F-2023-35 Approval of Interim 2024 Spending Limits Page 8 of 19 Page 17 of 405 Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson THAT, in the absence of an adopted 2024 Tax Levy Supported Operating Budget, City Council approves that City departments be allowed to incur costs to a level of 50% of the departments’ expenditure budget of the prior year. Carried Unanimously (Councillor Campbell and Councillor Pietrangelo were absent from the vote). 8.2. HR-2023-03 Non-Union By-law Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson THAT Council approve the amendments to the By-law respecting sick leave, pensions and other benefits for non-union employees. Carried Unanimously (Councillor Campbell and Councillor Pietrangelo were absent from the vote). 8.3. MW-2023-34 Assumption of Various Subdivisions Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson THAT City Council formally assume Warren Woods Phase 5 Stages 1 & 2 (Plan 59M-463), Winzen (Plan 59M-474), and Chippawa West Phase 2 Stage 3 (Plan 59M-426) subdivisions. Carried Unanimously (Councillor Campbell and Councillor Pietrangelo were absent from the vote). 9. PLANNING MATTERS 9.1. PBD-2023-73 AM-2023-010 Zoning By-law Amendment Application 7769, 7735, 7751 Thorold Stone Road Applicant: Thorowest Construction Ltd. (R. Biamonte) Agent: Craig Rohe (Upper Canada Consultants) The Public meeting commenced at 5:42 PM. Nick DeBenedetti, Planner 2, provided an overview of Report PBD-2023-73. Craig Rohe, agent and Senior Planner at Upper Canada Consultants, spoke in support of the report. The Public meeting closed at 5:54 PM. Page 9 of 19 Page 18 of 405 Moved by Councillor Wayne Thomson Seconded by Councillor Lori Lococo THAT Council approve the Zoning By-law amendment to rezone the property, a site-specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, in part and an Environmental Protection Area (EPA) zone, in part, to allow for the development of 44 townhouse dwelling units in 9 blocks, together with 1 detached and 2 semi-detached dwellings, subject to the regulations outlined in this report. Carried Unanimously (Councillor Pietrangelo declared a conflict and Councillor Campbell was absent from the vote). 9.2. PBD-2023-74 AM-2023-020 Zoning By-law Amendment Application 3151 Montrose Road and a vacant parcel to the north Applicant: 1000441695 Ontario Inc. Agent: Rachelle Larocque (The Biglieri Group) The Public meeting commenced at 5:55 PM. Nick DeBenedetti, Planner 2, provided an overview of Report PBD-2023-74. Rachelle Larocque, agent from Biglieri Group, spoke in support of the staff report. The Public meeting was closed at 6:07 PM. Moved by Councillor Mike Strange Seconded by Councillor Victor Pietrangelo THAT Council approve the Zoning By-law amendment to rezone the property, a site-specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, in part, to allow for the development of 9 townhouse dwelling units in 2 blocks, together with 2 detached dwellings and a site-specific Residential 1E Density (R1E) zone, in part, for a detached dwelling, subject to the regulations outlined in this report. Carried Unanimously (Councillor Campbell was absent from the vote). 9.3. PBD-2023-75 AM-2023-024 Zoning By-law Amendment Application 3090 Montrose Road Applicant: 2855078 Ontario Inc. Agent: Greg Taras (Urban and Environmental Management Inc.) Page 10 of 19 Page 19 of 405 The Public meeting commenced at 6:08 PM. Nick DeBenedetti, Planner 2, provided an overview of Report PBD-2023-75. Greg Taras, agent and Senior Planner from Urban and Environmental Management Inc., spoke in support of the staff report. Mr. Taras mentioned that there will be a noise barrier wall added along the side backing onto the QEW. The Public meeting was closed at 6:13 PM. Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson THAT Council approve the Zoning By-law amendment to rezone the property, a site-specific Residential Low Density, Grouped Multiple Dwellings (R4) zone to allow for the development of 6 townhouse dwelling units in 1 block, together with a semi-detached dwelling, subject to the regulations outlined in this report. Carried Unanimously (Councillor Campbell was absent from the vote). 9.4. PBD-2023-72 AM-2022-030 Zoning By-law Amendment Application 5809, 5821 and 5829 McLeod Road Applicant: 1959064 Ontario Inc. (Pathmanathan Rajasingham) Agent: Tom Vanle (Vanle Architect Inc.) The Public meeting commenced at 6:14 PM. Nick DeBenedetti, Planner 2, provided an overview of Report PBD-2023-72. Mayor Jim Diodati left the meeting at 6:16 PM and Councillor Pietrangelo resumed as Chair of Council meeting. Maurizio Rogato, Planner from BlackThorn Development, spoke in support of the staff report. Mayor Diodati resumed as Chair of meeting at 6:19 PM. The Public meeting closed at 6:20 PM. Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel THAT Council approve the Zoning By-law amendment to rezone the property,a site-specific Residential Apartment 5C Density (R5C) zone to allow for the development of 43 apartment dwelling units in 3 stacked townhouse dwellings with surfaced parking and garages, subject to the regulations outlined in this Page 11 of 19 Page 20 of 405 report. Carried Unanimously (Councillor Campbell was absent from the vote). 9.5. PBD-2023-78 AM-2023-018 Zoning By-law Amendment Application North of Lyon’s Parkway, between Ort Road and Lyon’s Creek, partially known municipally as 4949 Lyon’s Parkway Applicant: Jeff & Craig Corey The Public meeting commenced at 6:21 PM. Alexa Cooper, Planner 2, provided an overview of Report PBD-2023-78. Leslie Laan, of 5525 Reixinger Road, spoke in appreciation of staff report, however cited some environmental issues (Environment Impact Study). Craig Corey, of 9188 Hendershot Blvd, spoke in support of the staff report and also addressed Leslie Laan's concerns. The Public meeting closed at 6:42 PM. Moved by Councillor Mike Strange Seconded by Councillor Victor Pietrangelo THAT Council approve a Zoning By-law amendment to rezone the subject lands (north of Lyon’s Parkway, between Ort Road and Lyon’s Creek, partially known municipally as 4949 Lyon’s Parkway) to a Residential 1C Density (R1C) Zone, in part, a site specific Residential 1C Density (R1C-XX) Zone, in part, and an Environmental Protection Area (EPA) Zone, in part, to permit 3 detached dwelling units and facilitate conditionally approved consent applications B-2023-002, B-2023-003 and B-2023-004, subject to Staff recommendations as outlined in this report. Carried Unanimously (Councillor Campbell was absent from the vote). 9.6. PBD-2023-77 AM-2023-021, Zoning By-law Amendment Hawkins Street (PID 4478) Proposal: To rezone the land to a site specific Residential Two (R2) zone to permit the development of a semi-detached dwelling Applicant: Mario D’Addio (N & J Homes) Agent: The Biglieri Group Ltd. (Rachelle Larocque) The Public meeting commenced at 6:42 PM. Danielle Foley, Planning Student, provided an overview of Report PBD-2023- 77. Frank De Luca, of 4341 Kilman Place, spoke in opposition of the staff report citing set-back concerns and timing issues regarding the development and Page 12 of 19 Page 21 of 405 traffic concerns as it relates to the other proposed development. Rachelle Larocque, Registered Planner, from the Bigilieri Group, representing the clients, provided a presentation in support of the staff presentation. However, she spoke about the request to push the garages back 3 meters and that it is not a practical request as it reduces livable use in the house and deceases the length of the driveway. Ms. Larocque, was asking staff to amend the report to address this issue, as shown in the diagram of her presentation. Alignment of the garage to be aligned with the front-face of the house is the suggestion made by Andrew Bryce. Andrew suggested a 1.5 metre The Public meeting was closed at 7:06 PM. Moved by Councillor Mona Patel Seconded by Councillor Mike Strange THAT Council approve the Zoning By-law amendment as modified in this report to rezone the property to a site specific Residential Two (R2) zone to permit the construction of a semi-detached dwelling, subject to the regulations outlined in this report, and subject to requiring a minimum 1.5 metres projection of the porch in front of the attached garages. Carried (Councillor Thomson was opposed and Councillor Campbell was absent from the vote). 9.7. PBD-2023-76 AM-2023-017, Official Plan & Zoning By-law Amendment 8004 Lundy’s Lane Proposal: To increase the maximum density and rezone the property to a site specific R5F zone to permit 87 dwelling units within two existing buildings Applicant: 11464857 Canada Inc. (Samuel Karamanis) Agent: Azar Davis (Zelinka Priamo Ltd.) The Public meeting commenced at 7:07 PM. Mackenzie Ceci, Senior Planner, Current Development, provided an overview of Report PBD-2023-76. Azar Davis, acting as the agent from Zelinka Priamo Ltd., spoke in support of the staff report and addressed Council questions relating to the parking conditions. The Public meeting was closed at 7:16 PM. Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel Page 13 of 19 Page 22 of 405 THAT Council approve the Official Plan and Zoning by-law Amendment as modified in this report to permit 87 dwelling units within two existing buildings, subject to the regulations outlined in this report and THAT staff reassess after one (1) year to determine if three (3) additional parking stalls are required. Carried (Councillor Nieuwesteeg and Councillor Pietrangelo were opposed and Councillor Campbell was absent from the vote). 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. By-law - re: 2024 Schedule of Meetings The attached by-law will be added to the December 12th Council agenda regarding an amendment to Council's Procedural by-law, with respect to the yearly Schedule of Meetings. Recommendation: For the Approval of Council. Moved by Councillor Lori Lococo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT the attached by-law will be approved regarding an amendment to Council's Procedural by-law, with respect to the yearly Schedule of Meetings, keeping the start time of Council meetings at 4:00 PM. Carried Unanimously (Councillor Campbell was absent from the vote). 10.2. Niagara Transit Commission Public Advisory Committee Attached are applications received from interested residents from the City of Niagara Falls for consideration by Council. Recommendation: For Council's Consideration. Moved by Councillor Mona Patel Seconded by Councillor Victor Pietrangelo THAT Council appoint Janet Jessop to the Niagara Transit Commission Public Advisory Committee. Carried Unanimously 10.3. Proclamation Request - Lung Cancer Awareness Month The American and Canadian Lung Cancer Screening Initiative (ACLCSI) is requesting the City of Niagara Falls proclaim the month of December 2023 as "Lung Cancer Awareness Month." Recommendation: For the Approval of Council. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel THAT Council proclaim the month of December 2023 as "Lung Cancer Awareness Month." Page 14 of 19 Page 23 of 405 Carried Unanimously (Councillor Campbell was absent from the vote). 10.4. Resolution - Township of Perry - Call for an Amendment to the Legislation Act, 2006 On behalf of the Council of the Corporation of the Township of Perry, attached is correspondence regarding their support for the Call for an Amendment to the Legislation Act, 2006. Recommendation: For the Support of Council. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel THAT Council support the resolution from the Township of Perry regarding a call for an Amendment to the Legislation Act, 2006. Carried Unanimously (Councillor Campbell was absent from the vote). 10.5. Resolution - Town of Fort Erie - Support of Bill C-310 Amendments - Firefighting and Search and Rescue Attached is a resolution from the Municipal Council of the Town of Fort Erie at its meeting of July 24, 2023 regarding supporting Bill C-310 Amendments. Recommendation: For the Support of Council. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel THAT Council support the resolution from the Town of Fort Erie regarding Bill C-310 Amendments - Firefighting and Search and Rescue. Carried Unanimously (Councillor Campbell was absent from the vote). 10.6. Flag-Raising Request - National Day of Bulgaria The Consulate General of Republic of Bulgaria is requesting Council to approve a flag raising ceremony on Monday, March 4, 2024 to recognize Bulgaria's National Day. Recommendation: For the Approval of Council. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel THAT Council approve a flag-raising ceremony on Monday, March 4, 2024 to recognize Bulgaria's National Day. Carried Unanimously (Councillor Campbell was absent from the vote). 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Letter from Minister of Municipal Affairs and Housing, Hon. Paul Calandra - Provincial Decisions on Municipal Official Plans/Official Plan Amendments Attached are letters from the Minister of Municipal Affairs and Housing Page 15 of 19 Page 24 of 405 regarding the Provincial Decisions on Municipal Official Plans/Official Plan Amendments. Letter from Mayor Diodati to the Minister is also included. Recommendation: For the Information of Council. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson THAT Council endorse the recommendations as stated in the letter sent from Mayor Diodati to Minister Calandra. Carried (Councillor Lococo was opposed) 11.2. Correspondence from Walker Environmental Group The attached letter is to provide notification that Walker Environmental Group is initiating an Environmental Assessment under the Environmental Assessment Act to develop the next phase (Phase 2) of the South Landfill in Niagara Falls, Ontario. Recommendation: For the Information of Council. 11.3. Resolution - Town of Alymer - Requesting Provincial consideration for amendments to the Residential Tenancies Act Attached is a copy of the resolution passed by the Town of Alymer Council requesting provincial consideration of amendments to the Residential Tenancies Act. Recommendation: For the Information of Council. 11.4. Resolution - Town of Amherstburg - Cigarette Producer Responsibility Attached is a copy of a resolution passed by the Town of Amherstburg Council in support of the Council of the the Corporation of The Archipelago regarding amending legislation to ensure cigarette manufacturers are responsible for the collection, recycling and proper disposal of cigarette waste. Recommendation: For the Information of Council. 11.5. Resolution - The Corporation of the County of Prince Edward - Province to stop the Ministry of the Environment, Conservation and Parks (MECP) proposal to expand the use of the permit-by-rule Attached is a resolution from the Corporation of the County of Prince Edward urging the Province to stop the Ministry of the Environment, Conservation and Parks (MECP) proposal to expand the use of the permit-by-rule. This resolution was approved at the November 14, 2023 Meeting of Council. Recommendation: For the Information of Council. 11.6. Resolution - Municipality of Tweed - 1/3 Funding Grant Programs Attached is a request for support resolution regarding Federal and Provincial funding partnerships. Recommendation: For the Information of Council. Page 16 of 19 Page 25 of 405 11.7. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following matters: 1. Niagara Region Report PDS 37-2023 Niagara Region Unbuilt Housing Supply Update Recommendation: For the Information of Council. 11.8. Power Production Attached is a request for Council support from a resident of Ontario for natural gas power production. Recommendation: For the Information of Council. 11.9. Redeemer Bible Church - Daycare Start Up Attached, is an email from the Executive Director of Redeemer Bible Church, requesting guidance, suggestions and ideas to assist them in opening up a daycare program. Recommendation: For the Information of Council. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council refer to staff the request from the Redeemer Bible Church to provide guidance and suggestions regarding setting up a daycare program. Carried Unanimously (Councillor Campbell was absent from the vote). 11.10. Comments from resident 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Special Occasion Permit Request – 2024 Niagara I Heart Beer & Taco Festival Organizers of the event are looking to Council for a letter of Municipal Significance for this festival taking place at the Niagara Convention Centre on Saturday, March 23, 2024 from 1:00 p.m. to 10:00 p.m. With Council declaring the event as “municipally significant”, this will assist the organizers with obtaining a Special Occasion permit from the AGCO. Recommendation: That Council declare the 2024 2nd Annual Niagara I Heart Beer & Taco Festival as an event of municipal significance in the City of Niagara Falls in order to assist with obtaining a Special Occasion Permit from the AGCO. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council declare the 2024 2nd Annual Niagara I Heart Beer & Taco Festival as an event of municipal significance in the City of Niagara Falls in order to assist with obtaining a Special Occasion Permit from the AGCO. Page 17 of 19 Page 26 of 405 Carried Unanimously (Councillor Campbell was absent from the vote). 13. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera Moved by Councillor Mike Strange Seconded by Councillor Mona Patel 1. THAT if Council accepts the offer to purchase 4621 St. Clair Avenue, for $150,000.00 plus H.S.T., subject to adjustments, if necessary. 2.THAT a condition form part of the terms of the Agreement of Purchase and Sale that the purchaser must obtain a building permit and commence building by the end of 2026, failing which, the property will be returned to the City. 3.THAT the City Solicitor and the Chief Administrative Officer, or their designate, is authorized to execute all documentation and take whatever steps necessary to carry out Recommendation 1 and complete the transaction and; THAT Council delegate its powers pursuant to Section 23.1 of the Municipal Act, 2001, S.O. 2001, c. 25 (“Municipal Act”) to each of the Chief Administrative Officer, the Treasurer, and the City Solicitor to take any step or action necessary, including the undertaking of litigation steps and strategies, and giving instructions to external counsel, with respect to an Assessment Review Board appeal. Carried Unanimously (Councillor Campbell was absent from the vote). 14. NOTICE OF MOTION/NEW BUSINESS a) Notice of Motion - Niagara Region Transit Councillor Lococo provided notice that a motion will be brought forward to our next Council meeting on January 16, 2024 regarding the Niagara Region Transit. 15. BY-LAWS 2023- 116. A by-law respecting sick leave, pensions and other benefits for employees. 2023- 117. A by-law to amend By-law 2019-004, Council’s Procedural by-law, with respect to the yearly Schedule of Meetings. 2023- 118. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Community Safety Zones, Stop Signs at Intersections, Limited Parking) 2023- 119. A by-law to provide for the adoption of Amendment No. 157 to the City of Niagara Falls Official Plan. 2023- 120. A by-law to fees and charges for various services, licences and publications for the City of Niagara Falls. 2023- 121. A by-law to adopt, ratify and confirm the actions of the City Council at its Special meeting held on the 12th day of December, 2023. Page 18 of 19 Page 27 of 405 Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson THAT the by-laws be read a first, second and third time and passed. Carried (Councillor Lococo was opposed to By-law 2023-117 and By-law 2023-120 and Councillor Campbell was absent from the vote). 16. ADJOURNMENT a) Adjournment Moved by Councillor Tony Baldinelli Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council adjourn the meeting at 7:59 PM. Carried Unanimously (Councillor Campbell was absent from the vote). Mayor City Clerk Page 19 of 19 Page 28 of 405 PBD-2024-01 Report Report to: Mayor and Council Date: January 16, 2024 Title: AM-2023-023 - Zoning By-law Amendment 5438 Ferry Street Proposal: To rezone the property to facilitate the development of a 30-storey, mixed-use building containing 456 dwelling units and 2 commercial units. Applicant: 1788618 Ontario Inc. (Rick Dritsacos) Agent: Quartek Group Inc. (Eric Potts) Recommendation(s) 1. That Council approve the Zoning By-law Amendment to permit the development of a 30-storey, mixed use building containing 456 dwelling units and 2 commercial units, subject to the regulations outlined in this Report. 2. That the amending by-law include a Holding (H) provision to require the filing of a Record of Site Condition, the inclusion of various warning clauses in Site Plan / Condominium Agreements, the registration of a Site Plan Agreement within two years of the passing of the amending by-law, and the submission of an updated Wind Study, an updated Shadow Study Report, an alternative concept for the roof treatment, and additional information with respect to the affordability of the proposed dwelling units. Executive Summary 1788618 Ontario Inc. has requested a Zoning By-law Amendment for a parcel of land known municipally as 5438 Ferry Street to facilitate the development of a 30-storey, mixed-use building containing 456 dwelling units and 2 at-grade commercial units. The amendment is recommended, subject to the inclusion of a Holding (H) provision to require the filing of a Record of Site Condition, the inclusion of various warning clauses in Site Plan / Condominium Agreements, the registration of a Site Plan Agreement within two years of the passing of the amending by-law, and the submission of an updated Wind Study, an updated Shadow Study Report, an alternative concept for the roof treatment, and additional information with respect to the affordability of the proposed dwelling units. Provided that the Holding (H) provision is approved as recommended, the development proposal is recommended for the following reasons: Page 1 of 25 Page 29 of 405  The proposed development conforms to Provincial, Regional, and City policies as it will utilize existing municipal infrastructure and services, represents a compact built form, will facilitate a vibrant public realm, and will support the creation of a complete community;  The proposal will contribute to the City’s intensification target and will assist with diversifying the range of housing types and unit sizes available to accommodate current and future market-based needs; and  The proposed site-specific amendments to the Tourist Commercial Zone are appropriate and conform with the intent of the Official Plan. Background 1788618 Ontario Inc. has requested a Zoning By-law Amendment for a parcel of land totaling approximately 0.35 hectares as shown on Schedule 1. Schedules 2 and 3 show the details of the proposal. The subject property is designated Tourist Commercial in accordance with the City of Niagara Falls Official Plan, and is located within the Clifton Hill and Fallsview Tourist Subdistricts. The development is proposed within an area where high-rise buildings (maximum of 30 storeys) may be considered. The property is correspondingly zoned Tourist Commercial (TC-75) Zone in accordance with Zoning By-law No. 79-200, as amended by By-law Nos. 2012-060 and 2012-061. The applicant is proposing to rezone the property to a site-specific TC Zone to facilitate the development of a 30-storey, mixed-use building containing 456 dwelling units and 2 at-grade commercial units. Site specific relief is requested to permit an increase to the percentage of dwelling units, the maximum lot coverage, and the maximum height of a building or structure, and a reduction to the minimum rear yard depth, the number of parking and loading spaces provided, and the minimum width of manoeuvring aisles. Site Condition and Surrounding Land Uses The subject property, known municipally as 5438 Ferry Street, is located at the at southwest corner of Fallsview Boulevard and Ferry Street, east of Stanley Avenue. The property is approximately 0.35 hectares in size and contains a former restaurant and associated parking lot. Surrounding land uses include:  North / Northeast – Ferry Street, AlMacs Buffet / associated parking lot, and Napoli Ristorante at 5485 Ferry Street, formerly known as the Abigail Frolick House Page 2 of 25 Page 30 of 405  South - detached dwelling, parking lot, vacant lands that are zoned Tourist Commercial Zone and Deferred Tourist Commercial Zone, Falls Lodge & Suites and DoubleTree Fallsview Resort  East – Fallsview Boulevard, commercial establishments, Cadillac Motel, a detached dwelling, Fairway Inn, and vacant lands that are zoned Tourist Commercial Zone  West – Stanley Avenue, commercial establishments, including a Shell gas station / convenience store and Dairy Queen, and vacant lands zoned Tourist Commercial (TC-1191) Zone (5528 Ferry Street) that were rezoned in 2022 to permit the development of three mixed-use buildings with heights of 14, 16 and 30 storeys, respectively Staff note that the detached dwellings located in proximity to the subject property are considered non-complying as detached dwellings are not a permitted use in the Tourist Commercial Zone that applies to the properties containing such dwellings. Circulation Comments Information about the requested Zoning By-law Amendment application was circulated to City divisions, agencies, and the public for comments. The following summarizes the comments received to date: Regional Municipality of Niagara  Phase One and Two Environmental Site Assessments (ESAs), prepared by Hallex Environmental Ltd. were submitted with the application. Remedial work will be required on site, and a Record of Site Condition will have to be filed with the Ministry of the Environment, Conservation and Parks (MECP)  Amendment By-law Zoning proposed the to not do Staff Regional object application in principle, provided that a Holding (H) provision is included in the amending by-law until such time that a Record of Site Condition is filed with and acknowledged by the MECP.  Regional Staff also request the inclusion of warning clauses related to the following matters in the future Site Plan Agreement:  Potential noise impacts from nearby commercial facilities;  Archeological resources;  Potential traffic delays at the intersection of Ferry Street and Fallsview Boulevard; and,  Private waste collection Page 3 of 25 Page 31 of 405 Staff recommend that a Holding (H) provision be applied to the property until such time that warning clauses pertaining to the matters noted above are included in Site Plan and / or Condominium Agreements. Note: An Environmental Assessment for Fallsview Boulevard was completed in November of 2014 to assess safety and operational improvements, and was subsequently approved by the City. The Transportation Impact Parking Study submitted with this development application builds upon the previously completed study work. The Study notes that the adjacent road network can operate satisfactorily with the additional site traffic, provided that the improvements recommended in the Environmental Assessment are implemented. Building Services  All required Building Permits and Demolition Permits shall be obtained prior to the commencement of any demolition or construction  City, Regional and Educational Development charges will be assessed at the building permit stage  In accordance with the Ontario Building Code, a minimum of 15% of the residential suites in the proposed building shall be barrier-free Business Development & Enbridge  No objections, comments or concerns. Fire Services  No concerns with respect to the Zoning By-law Amendment application  Technical comments will be provided at the Site Plan Control stage  Permits to demolish any existing structures shall be obtained from the City’s Building Department Urban Design & Landscape Services  Cash-in-lieu of parkland dedication will be collected at the Site Plan Control stage at the current prescribed rate of 5% for residential uses and 2% for commercial uses  The parking structure is proposed to be screened by a pre-finished black plant screen and guard rail. It is advisable to provide some areas of screening that do not depend on plant material. The applicant should consider providing some areas comprised of purely architectural materials  A Landscape Plan will be required at the Site Plan Control stage Page 4 of 25 Page 32 of 405 Municipal Works  Third-party infrastructure sanitary modelling was completed for the development and no concerns were identified. A detailed review of the proposed engineering design will occur at the Site Plan Control stage  A Transportation Impact Parking Study, prepared by Associated Engineering was submitted with the application. The Study recommends that the Ferry Street driveway be restricted to a right-in, right-out movements, while the Fallsview Boulevard driveway allows for all movements. Further, the Study supports a parking rate reduction to 1 parking space per dwelling unit. Transportation Services support this reduction, subject to the applicant providing 9 car share parking, bicycle parking at a rate of 0.5 spaces / dwelling unit for apartment dwellings and 1 space / 500m² of floor area for non-residential uses (per Section 4.37), and transit passes for all occupants for a two-year period  A daylight triangle measuring 12 m by 12 m is required at the corner of Ferry Street and Fallsview Boulevard, exclusive of the road widenings, and will be secured at the future Site Plan Approval stage. Further, a 2.94 m road widening along Ferry Street and 0.81 m road widening along Fallsview Boulevard will also be secured at that time Municipal Heritage Committee  The Municipal Heritage Committee has no concerns with the proposed development as it relates to it the former Abigail Frolick House located at 5485 Ferry Street. Neighbourhood Comments A neighbourhood open house was held on December 14th, 2023 and was attended by the applicant’s agent and three area residents. The residents attended for information purposes and provided positive feedback regarding the proposed development, namely regarding its overall design and impact on local businesses. No written comments have been received from the public to date. Analysis 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement (PPS) and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows: Page 5 of 25 Page 33 of 405  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, is transit supportive, will support the achievement of a complete community, will diversify the City’s housing stock, and will assist the City with meeting its intensification targets in the Built-up Area;  Given the subject lands location within a Gateway Economic Zone, the proposed development will promote increased opportunities for cross-border tourism;  The proposed redevelopment minimizes urban land consumption and encourages the efficient use of existing municipal infrastructure and services; and,  The recommended Holding (H) provisions will facilitate the redevelopment of lands in a manner that will maintain appropriate levels of public health and safety. 2. Regional Official Plan The subject land is designated Delineated Built-up Area in the Niagara Official Plan (NOP). The proposal conforms as follows:  The subject land is within the Urban Area and will utilize existing municipal infrastructure and services;  The proposal represents a compact built form, will facilitate a vibrant public realm, and will support the creation of a complete community;  The proposal will contribute to the intensification target of 50% for the Built-Up Area of Niagara Falls; and  The proposal will assist with diversifying the range of housing types and unit sizes available to accommodate current and future market-based needs. 3. City Official Plan The subject property is designated Tourist Commercial in accordance with the City of Niagara Falls Official Plan, and is located within the Clifton Hill Tourist Subdistrict, in part, and the Fallsview Tourist Subdistrict, in part. It is noted that the Tourist Commercial designation does not have a prescribed density range. Building heights throughout the tourist area shall be restricted to four storeys in height. However, Council can consider the allocation of additional building height without an amendment to the Official Plan through site-specific Zoning By-law Amendments. The development is proposed within an area where high-rise buildings (maximum of 30 storeys) may be considered. The Official Plan notes that the maximum height shall be allocated if:  The applicant has submitted all required zoning information;  The applicant agrees to provide sidewalk and streetscape improvements; Page 6 of 25 Page 34 of 405  The applicant has submitted wind and shadow studies and completed an architectural review; and  The proposed development, in the opinion of Council, adheres to the intent of the Official Plan and the applicable design criteria. The proposal conforms with the intent of the Official Plan as follows:  The proposed 30-storey building is proposed in an area of the City that is envisioned for high-rise development.  A Community Benefits Charge will be collected prior to building permit issuance, which can assist with funding the installation of urban amenities and active transportation facilities, as identified in the Community Benefits Charges Strategy.  The proposed development will front onto an arterial road, have access to existing transit routes, and will be located in close proximity to commercial uses.  Both transportation and municipal infrastructure will have adequate capacity to accommodate the proposal. o Servicing has been allocated to a number of projects throughout the City that have yet to be constructed. In accordance with Section 4.6 of the City's Official Plan, Council may, through a Zoning By-law Amendment, impose one or more conditions on the use, erection, or location of lands and / or buildings and structures that may be fulfilled subsequent to the approval of the amendment and must be fulfilled prior to the issuance of a building permit for development. To encourage the timely development of the subject lands, Staff recommend implementing conditional zoning through a Holding (H) provision that requires the registration of a Site Plan Agreement within two years of the passing of the amending by-law.  In accordance with the Heritage Impact Assessment, prepared by LHC Heritage Planning & Archaeology, the proposed development will not have direct adverse impacts on the likely heritage attributes (historical / associative and contextual value) of the Abigail Frolick House located at 5485 Ferry Street, which is not currently listed or designated under the Ontario Heritage Act.  The Shadow Study Report, prepared by Quartek Group Inc., assesses the proposed tower between the hours of 10:00 AM and 4:00 PM on June 21st and September 21st in accordance with industry practices and the City’s Tourist Area Design Guidelines: Page 7 of 25 Page 35 of 405 o Ferry Street and Stanley Avenue are identified as a Retail Street and Entry Corridor, respectively, in the City’s Official Plan and require at least five hours of sunlight on either side of the public sidewalk on September 21st. Fallsview Boulevard between Robinson Street and Ferry Street is to receive a minimum of three hours. Staff note that the Design Guidelines do not stipulate that sunlight exposure is to be provided consecutively. o Stanley Avenue is unaffected by the shadows generated by the proposed development on September 21st, thus receiving more than five hours of sunlight. The intersection of Stanley Avenue and Ferry Street is only impacted in the morning on June 21st, and receives full sunlight beginning by 12:00 PM. The proposed impact on Stanely Avenue is considered minimal. o On September 21st, Fallsview Boulevard is affected by the shadows after 12:00 PM. However, as the sun rises at approximately 7:03 AM, the street receives more than three hours of sunlight.  Non-conforming detached dwellings are scattered throughout the tourist area. The dwellings located to south of the proposed development and to the north of Spring Street are unaffected by the shadows on June 21st and September 21st. Two dwellings located on the south side of Spring Street are minimally affected by the shadows and receive more than seven hours of sunlight on June 21st and September 21st. The overall impact on nearby residential uses is considered minimal. The proposal does not conform with the intent of the Official Plan as follows:  Ferry Street is affected by the shadows generated by the proposed development on September 21st, which is typical for the south sides of streets with east / west orientations. As a Retail Street, Ferry Street is to receive five hours of sunlight. Staff note that the Shadow Study Report does not adequately quantify the amount of shadow hours afforded by the development. Staff recommend that a Holding (H) provision be applied to the property until such time that an updated Shadow Study Report has been submitted to the satisfaction of the City demonstrating conformity with the City’s Tourist Area Design Guidelines as it relates to hours of sunlight.  While the proposal will contribute to achieving the City’s annual intensification target of 50% and diversifying the City’s housing stock by introducing 258 one- bedroom units, 186 two-bedroom units, and 12 penthouse units to the market, the applicant has indicated that the estimated sale price of the proposed units is between $850,000 and $1,200,000, which would not be considered affordable to low or moderate-income households. Staff are of the opinion that it is economically feasible to accommodate affordable housing units for a development of this scale, and that it is not unreasonable or undue to expect Page 8 of 25 Page 36 of 405 such. For this reason, Staff recommend that a Holding (H) provision be applied to the property until such time that the applicant demonstrates conformity with the affordable housing policies contained in Part 1, Section 4 of the City’s Official Plan.Furthermore the Holding (H) provision should require registration of site plan agreement within 2 years of the by-law passage, to assist in bringing housing on stream in a timely manner.  The Pedestrian Level Wind Study, prepared by the Boundary Layer Wind Tunnel Laboratory, indicates that wind safety criteria is exceeded in two locations (see Schedule 5). When the safety criterion is exceeded (> 90 km / hour), wind speeds will adversely affect a pedestrian’s balance and footing. With respect to pedestrian comfort levels for wind, five locations will have uncomfortable levels in the winter (see Schedule 6). Staff recommend that a Holding (H) provision be applied to the property until such time that an updated Wind Study has been submitted to the satisfaction of the City demonstrating no unsafe or uncomfortable wind conditions and / or the effectiveness of proposed mitigation measures. 4. Architectural Design Review All development proposals in the Tourist Commercial area for buildings greater than 10 storeys are subject to an Architectural Design Review process. Quartek Group Inc. submitted an Architectural Design Review Form that evaluates the project’s conformity to the 7 principles contained in the City’s Tourism Policy Review Implementation Handbook. Staff have reviewed the Form and note the following: Principle1 – Positive Building Base This principle states that a positive base interface between the building and street elements is achieved through built to lines, setbacks, edge treatments, weather protection, transparency, proportion and scale.  Two commercial units are proposed at-grade along the Ferry Street and Fallsview Boulevard frontages. Further, the main residential entrance to the building is located at the intersection of Ferry Street and Fallsview Boulevard. This will assist with creating activity and interest along the public street.  A colonnade wraps around the entirety of the building, providing weather protection to pedestrians and bicycle parking facilities. Page 9 of 25 Page 37 of 405  The podium extends across the full length of the Ferry Street and Fallsview Boulevard frontages (exclusive of the lands required for setback purposes), which assists with achieving a well-defined street edge.  A living / green wall is proposed to screen the parking structure. While this will assist with providing a positive and interesting interface with the street, Staff recommend integrating screenings / treatments that do not depend on plant materials to ensure that adequate screening is achieved on a year-round basis. Staff note that detailed design can be addressed at the future Site Plan Approval stage. Principle 2 – Public Realm at Grade This principle states that achieving an upgraded pedestrian environment is done through high quality streetscape, planting, furniture, and signage.  The applicant is proposing patios associated with the active uses at-grade, bicycle stalls, benches, trees, and plantings on the development site and within the municipal road allowance. These will be reviewed in more detail at the future Site Plan Approval stage.  Should the Zoning By-law Amendment application be approved, the City will collect a Community Benefits Charge at time of building permit issuance, which can assist with funding the installation of urban amenities and active transportation facilities in the general area. Any plantings that are to be provided for wind mitigation purposes shall occur outside of the required Community Benefits Charge. Principle 3 – Skyview This principle seeks to maximize sky, light, and air transparency by providing adequate spacing and mass to avoid a feeling of a wall of development.  The building base is clearly defined by the a pedestrian colonnade, active at- grade commercial uses, and a living wall. No mirrored walls are proposed on the façade of the building. Rather, a combination of gloss finish white and gray siding, and clear anodized aluminum siding are proposed, which will create a checkering effect.  The floor plate of the tower, which steps back in excess of 3 m from the podium below, is 1,667 m2, which is greater than the recommended than 1,000 m2. However, the proposed depth ratio is 1:1, which does not exceed the recommended 1:1.5 ratio. Further, the shape of the proposed floor plate resembles a diamond, and is oriented perpendicular to the escarpment, which will assist with reducing the feeling of a wall of development. Page 10 of 25 Page 38 of 405  The subject lands are irregularly shaped. At the southwest side of the property, the tower is setback 20.6 m from the side lot line. However, the tower is only setback 9.5 m and 6.8 m from the westerly and southerly side lots lines, whereas 12.5 m is generally recommended. This is to ensure that adequate separation is provided between towers on adjacent / surrounding lands. Staff note that the proposed single tower is located greater than 25 m away from towers (proposed or existing) on surrounding lands. To ensure that the proposed setbacks from the tower are adequate from shadow and wind safety and comfort perspectives, Staff recommend applying a Holding (H) provision to the property.  The applicant has indicated that different cladding and diagonal braces will be incorporated near the top levels of the tower to define the roof and to enhance the skyline. Further, the proposed checkering effect will be terminated several floors below the top of the building to further assist with defining the roof. Staff recommend that a Holding (H)provision be applied to the property until such time that a concept is submitted to the satisfaction of the City demonstrating that the building will be designed to add a distinct and interesting feature to the Niagara Falls skyline. Principle 4 – Skyline Height This principle states that the taller the building, the greater the emphasis should be on slenderness and visible skyview between towers.  The proposed building will be located within the Clifton Hill Tourist Subdistrict, in part, and the Fallsview Tourist Subdistrict, in part, where buildings with a maximum height of 30 storeys are envisioned. A single tower is proposed, which helps to minimize visual impacts. Further, the proposed tower is located outside of the Skylon Tower’s 300 metre radius. Principle 5 – Views and Vistas This principle seeks to maintain or enhance visual connections to the Falls and across the border and avoid obstructing valuable views. The Skylon Tower is to remain a signature feature of the skyline.  The subject lands are not located adjacent to the Falls, Queen Victoria Park, or the American skyline. Further, the development is a considerable distance from the Skylon Tower and are not anticipated to visually interfere. Principle 6 – Microclimate This principle seeks to implement design measures that will maximize comfort, enjoyment of the public realm, and minimize impacts on adjacent properties through Page 11 of 25 Page 39 of 405 shadow, wind, and snow.  A colonnade wraps around the entirety of the building, providing weather protection to pedestrians and bicycle parking facilities.  Stanley Avenue, Fallsview Boulevard, nearby residential uses, and the Abigail Frolick House located at 5485 Ferry Street will not be adversely impacted by the shadows generated by the proposed development. However, with respect to Ferry Street, Staff recommend that a Holding (H) provision be applied to the property until such time that an updated Shadow Study Report has been submitted to the satisfaction of the City demonstrating conformity with the City’s Tourist Area Design Guidelines as it relates to hours of sunlight.  With respect to pedestrian level wind safety and comfort, Staff recommend that a Holding (H) provision be applied to the property until such time that an updated Wind Study has been submitted to the satisfaction of the City demonstrating no unsafe or uncomfortable wind conditions and / or the effectiveness of proposed mitigation measures. 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.  The majority of the parking associated with the proposed development will be provided underground (three levels) and above grade (four levels) in a parking structure. The parking structure is proposed to be screened to reduce its visual impact. Accessible parking spaces, electric vehicle charging stalls, and car share parking spaces will be provided at-grade behind the proposed development. 5. Zoning By-law 79-200 The property is zoned Tourist Commercial (TC-75) Zone in accordance with Zoning By- law No. 79-200, as amended by By-law Nos. 2012-060 and 2012-061. The applicant is proposing to rezone the property to a site-specific TC Zone that permits an increase to the percentage of dwelling units, the maximum lot coverage, and the maximum height of a building or structure, and a reduction to the minimum rear yard depth, the number of parking and loading spaces provided, and the minimum width of manoeuvring aisles. The departures requested from the standard TC Zone regulations are summarized in the following table: Page 12 of 25 Page 40 of 405 ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS TO FOLLOW) Permitted uses Dwelling units in a building in combination with one or more of the uses listed in the TC Zone, provided that no more than 50% of the total floor area of such building is used for dwelling units Amend to: “…provided that not more than 62%...” SUPPORT Minimum Rear Yard Depth (i) where any part of the building is used for residential purposes 10 metres 3.8 metres to the podium 9.5 metres to the tower SUPPORT Maximum Height of Buildings or Structures 12 metres subject to section 4.7 30 storeys or 120 metres including the mechanical penthouse and equipment subject to section 4.7 SUPPORT Maximum Lot Coverage 70% 78% SUPPORT Minimum Parking Space Requirement Residential: 1.4 parking spaces per dwelling unit (648.4 parking spaces) Commercial: exempt in accordance with By-law No. 2012-061 Residential: 1 parking space per dwelling unit (456 parking spaces) SUPPORT Minimum Manoeuvring Aisle 6.9 metres (surface) 6.3 metres (structure) 7 metres (surface) 6.9 metres (structure) NOT REQUIRED Loading Area 1 loading space NOT REQUIRED Page 13 of 25 Page 41 of 405 ZONE REGULATION EXISTING REGULATION REQUESTED REGULATION STAFF RECOMMENDATION (DETAILS TO FOLLOW) Requirements In accordance with section 4.20.1 1 loading space (3 m x 9 m) (3 m x 9 m) The requested regulations can be supported for the following reasons:  Two commercial units are proposed at-grade along the Ferry Street and Fallsview Boulevard frontages, which will assist with animating the street, and creating activity and interest. For this reason, the proposed increase from 50% to 62% for the percentage of dwelling units permitted is supported by Staff;  Given that a mixed-used building is proposed, a 10-metre rear yard depth applies. However, in instances where no part of the building is used for residential purposes, only a 3-metre rear yard depth is required. Staff note that the podium, which has a proposed rear yard setback of 3.8 metres, does not contain residential uses (ie. dwelling units), other than accompanying amenities including the lobby, lounge, pet wash, mail room etc. For this reason, Staff are of the opinion that a reduction to 3.8 metres is appropriate. Further, Staff support the proposed rear yard depth reduction to 9.5 metres (0.5 m deviation) for the tower as the reduction is minimal and will not adversely impact the adjacent tourist commercial uses;  In accordance with Part 2, Section 4 of the City’s Official Plan, the development is proposed within an area where high-rise buildings (maximum of 30 storeys) may be considered by way of a site-specific Zoning By-law Amendment. Provided that the holding provisions recommended in subsection 6 of this Report are approved, Staff are of the opinion that the proposed development and maximum height of 30 metres / 120 storeys adheres to the intent of the Official Plan and applicable design criteria, support the proposed maximum height of 30 metres / 120 storeys;  The requested increase in lot coverage from 70% to 78% is supported by Staff. Staff note that a daylight triangle and road widenings along Ferry Street and Fallsview Boulevard will be dedicated to the City through the future Site Plan Agreement. The dedication of these lands will result in a smaller lot area (0.35 ha vs 0.38 ha), thus impacting the overall lot coverage (78% vs 71%); and  The development will be serviced by the red and blue WEGO lines, and Niagara Region Transit routes 104 / 204 running east /west on Ferry Street in both Page 14 of 25 Page 42 of 405 directions. Bus stops are located on both sides of Ferry Street, east of Buchanan Avenue / Fallsview Boulevard. The requested parking rate reduction to 1 parking space per dwelling unit is supported by Transportation Services and the Transportation Impact and Parking Study that was submitted as part of the application, provided that 9 car share parking spaces are provided, bicycle parking is provided at a rate of 0.5 spaces/dwelling unit for apartment dwellings and 1 space / 500m² of floor area for non-residential uses (per Section 4.37), and all occupants are provided with transit passes for a two-year period. Staff note that the amending by-law will include provisions requiring the above noted bicycle and car share rates / spaces. Further, transit passes will be secured through the future Site Plan Agreement. Staff note that the requested relief for the width of maneuvering aisle and loading area requirements is not required as the proposal complies with the existing regulations. Appendix 1 contains a copy of the draft amending by-law. 6. Holding (H) Provision Staff recommend that the amending by-law include a Holding (H) provision to ensure that: 1. A Record of Site Condition is filed with the Ministry of the Environment, Conservation and Parks to the satisfaction of the Region and City; 2. An updated Wind Study is submitted to the satisfaction of the City, demonstrating no unsafe or uncomfortable wind conditions and / or the effectiveness of proposed mitigation measures; 3. An updated Shadow Study Report is submitted to the satisfaction of the City, demonstrating conformity with the City’s Tourist Area Design Guidelines as it relates to hours of sunlight; 4. An alternative concept for the rooftop treatment is submitted to the satisfaction of the City, demonstrating that the building will be designed to add a distinct and interesting feature to the Niagara Falls skyline; 5. Additional information with respect to the affordability of the proposed dwelling units is provided to the satisfaction of the City, demonstrating conformity with the affordable housing policies contained in the City’s Official Plan; 6. Warning clauses are included in Site Plan and / or Condominium Agreements with respect to archaeological resources, potential noise impacts, traffic delays, and private waste collection; and 7. A Site Plan Agreement is registered on title within two years of the passing of the amending by-law. Page 15 of 25 Page 43 of 405 Operational Implications and Risk Analysis There are no operational implications associated with this proposal. Financial Implications/Budget Impact The proposed development will provide development charges, cash-in-lieu of parkland dedication, a new tax assessment, and a Community Benefits Charge for the City. Strategic/Departmental Alignment While this proposal does not directly align with the Pillars of the 2023-2027 Strategic Plan, it does support the achievement of a liveable community. List of Attachments Schedule 1 Schedule 2 Schedule 3 Appendix 1 Written by: Mackenzie Ceci, Senior Planner (Current Development) Submitted by: Status: Andrew Bryce, Director of Planning Approved - 10 Jan 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 11 Jan 2024 Jason Burgess, CAO Approved - 11 Jan 2024 Page 16 of 25 Page 44 of 405 Schedule 1 (Location Map) Page 17 of 25 Page 45 of 405 Schedule 2 (Site Plan) Page 18 of 25 Page 46 of 405 Schedule 3 (Conceptual Rendering) Page 19 of 25 Page 47 of 405 CITY OF NIAGARA FALLS By-law No. 2024-XXX A by-law to amend By-law No. 79-200 to permit the use of the lands for a 30-storey mixed- use building with 456 dwelling units and two commercial units at grade subject to the removal of a Holding (H) symbol (AM-2023-023). 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 Schedules 1 and 2 of this by-law and shall be referred to in this by- law as the “Lands”. Schedules 1 and 2 are 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 that by-law. In the case of any conflict between a specific provision of this by -law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 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 the TC zone (b) 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 62% 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 5. The regulations governing the permitted uses shall be: (a) Minimum rear yard depth 3.8 metres to the podium 9.5 metres to the tower (b) Maximum lot coverage 78% (c) Location of the various components of the building or structure on the Lands, their maximum height and maximum number of storeys and minimum yards Refer to the plan on Schedule 2 of this by-law and clauses (d) and (e) of this section DRAFTPage 20 of 25 Page 48 of 405 2 (d) Maximum height of buildings or structures 120 metres and a maximum of 30 storeys, which shall include a roof feature as required by clause (e) of this section and is subject to section 6 of this by-law. (e) Roof feature A building having a height greater than 12 metres shall have a roof feature. The roof feature shall be a distinct architectural element of the building and may include two storeys that contain a place of occupancy. (f) Minimum number of parking and bicycle spaces 1 parking space for each dwelling unit 9 car share parking spaces 0.5 bicycle spaces for each dwelling unit and 1 bicycle space / 500 m2 of floor area for non- residential uses (g) The balance of regulations specified for a TC use. 6. For the purposes of this by-law: “Bicycle Parking Space” means a space to park a bicycle. “Car Share” means the practice where a number of people share the use of one or more cars that are owned by a profit or non -profit car-sharing organization and where such organization may require the use of cars be reserved in advance, charge fees based on time and/or kilometers driven, and set membership requirements of the car-sharing organization, including the payment of a membership fee that may or may not be refundable. "Car Share Parking Space” means a parking space that is exclusively reserved and actively used for car-sharing. “Roof feature” means a distinct architectural element provided for the purpose of enhancing the design of a building and may enclose any roof mounted mechanical equipment, mechanical penthouses, or other similar elements. Notwithstanding Section 4.7 of By-law No. 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 cladded to be aesthetically consistent with the roof feature. DRAFTPage 21 of 25 Page 49 of 405 3 7. All other applicable regulations set out in By-law No. 79-200, as amended, shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 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 1232 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: • File a Record of Site Condition with the Ministry of the Environment, Conservation and Parks to the satisfaction of the Regional Municipality of Niagara and the City; • Submit an updated Wind Study to the satisfaction of the City, demonstrating no unsafe or uncomfortable wind conditions and / or the effectiveness of proposed mitigation measures; • Submit an updated Shadow Study Report to the satisfaction of the City, demonstrating conformity with the City’s Tourist Area Design Guidelines as it relates to hours of sunlight; • Submit an alternative concept for the rooftop treatment to the satisfaction of the City, demonstrating that the building will be designed to add a distinct and interesting feature to the Niagara Falls skyline; • Provide additional information with respect to the affordability of the proposed dwelling units to the satisfaction of the City, demonstrating conformity with the affordable housing policies contained in the City’s Official Plan; • Include warning clauses in Site Plan and / or Condominium Agreements with respect to archaeological resources, potential noise impacts, traffic delays, and private waste collection to the satisfaction of the Regional Municipality of Niagara and the City; and • Register a Site Plan Agreement on title within two years of the passing of this by-law. DRAFTPage 22 of 25 Page 50 of 405 4 11. The provisions of this by-law shall be shown on Sheet D4 of Schedule “A” of By- law No. 79-200 by designating a portion of the Lands from TC to TC(H) and numbered 1232. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1232 Refer to By-law No. 2024-XXX. Read a First, Second and Third time; passed, signed and sealed in open Council this XXth day of February 2024. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR DRAFTPage 23 of 25 Page 51 of 405 Ferry St Buchanan AvMcGrail AvStanley AvFallsview BvK:\GIS_Requests\2023\Schedule\Zoning2023.aprx 1/8/2024 Area Affected by this Amendment Amending Zoning By-law No. 79-200 ¯ Description: Applicant: 1788618 Ontario Inc. (Rick Dritsacos) Assessment: 272503000810506 Part Lot 18 S/S Ferry St, E of Stanley St, Plan 653, abstracted as Block 16, Village of Niagara Falls as in RO556621; s/t & t/w RO556621; City of Niagara Falls PIN: 64348-0004 (LT) Lot 19 S/S Lundy's Lane, Plan 653, abstracted as Block 16, Village of Niagara Falls; Part Lot A, W/S Buchanan St, Plan 653, abstracted as Block 33, Village of Niagara Falls; Part Lot B W/S Buchanan St, Plan 653, abstracted as Block 33, Village of Niagara Falls as in NF48955; City of Niagara Falls PIN: 64348-0013 (LT) Lot 1 W/S Buchanan St, Plan 653, abstracted as Block 33, Village of Niagara Falls; Part Lot B, W/S Buchanan St, Plan 653, abstracted as Block 33, Village of Niagara Falls as in BB8263; City of Niagara Falls PIN: 64348-0014 (LT) TC(H) 1232 AM-2023-023 SCHEDULE 1 TO BY-LAW NO. 2024-XXX (DRAFT)DRAFTPage 24 of 25 Page 52 of 405 Podium Tower Ferry St McGrail AvBuchanan AvStanley AvFallsview BvAmending Zoning By-law No. 79-200 ¯ K:\GIS_Requests\2023\Schedule\Zoning2023.aprx 1/8/2024AM-2023-023 MaxNoStorey MaxHeight Description: Applicant: 1788618 Ontario Inc. (Rick Dritsacos) Assessment: 272503000810506 Part Lot 18 S/S Ferry St, E of Stanley St, Plan 653, abstracted as Block 16, Village of Niagara Falls as in RO556621; s/t & t/w RO556621; City of Niagara Falls PIN: 64348-0004 (LT) Lot 19 S/S Lundy's Lane, Plan 653, abstracted as Block 16, Village of Niagara Falls; Part Lot A, W/S Buchanan St, Plan 653, abstracted as Block 33, Village of Niagara Falls; Part Lot B W/S Buchanan St, Plan 653, abstracted as Block 33, Village of Niagara Falls as in NF48955; City of Niagara Falls PIN: 64348-0013 (LT) Lot 1 W/S Buchanan St, Plan 653, abstracted as Block 33, Village of Niagara Falls; Part Lot B, W/S Buchanan St, Plan 653, abstracted as Block 33, Village of Niagara Falls as in BB8263; City of Niagara Falls PIN: 64348-0014 (LT) Tower Podium SCHEDULE 2 TO BY-LAW NO. 2024-XXX (DRAFT) 30 120 m 5 22.8 mDRAFT Page 25 of 25 Page 53 of 405 Address: 5438 Ferry Street Applicant: 1788618 Ontario Inc. (Rick Dritsacos) Proposal: To rezone the property to facilitate the development of a 30-storey, mixed-use building containing 456 dwelling units and 2 commercial units. Zoning By-law Amendment Application AM-2023-023 Page 54 of 405 A GREAT CITY…FOR GENERATIONS TO COME Location Commercial Establishments Proposed Development Detached Dwelling Restaurant Commercial Establishments Vacant Lands Vacant Lands Detached Dwellings 5485 Ferry Street Page 55 of 405 A GREAT CITY…FOR GENERATIONS TO COME Background Official Plan –Designated Tourist Commercial and located within the Clifton Hill and Fallsview Tourist Subdistricts –Proposed within an area where high-rise buildings (13 to 30 storeys) may be considered Zoning By-law –Zoned Tourist Commercial (TC-75) Zone –Proposal to rezone the property to site-specific TC Zone that permits an increase to the percentage of dwelling units, maximum lot coverage, and maximum height of a building or structure, and a reduction to the minimum rear yard depth, number of parking and loading spaces, and minimum width of manoeuvring aisles Page 56 of 405 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Page 57 of 405 A GREAT CITY…FOR GENERATIONS TO COME Conceptual Elevation & Rendering Page 58 of 405 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning Relief Min. Rear Yard Depth Proposed: 3.8 m to podium & 9.5 m to tower Required: 10.0 m Max. Lot Coverage Proposed: 78% Required: 70% Percentage of Total Floor Area Used for Dwelling Units Proposed: 62% Required: 50% Max. Height Proposed: 30 storeys / 120.0 m Required: 12.0 m Min. Parking Space / Unit Proposed: 1 Required: 1.4 Page 59 of 405 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments •Public Information Open House was held on December 14th, 2023 •Three members of the public attended and provided positive feedback •No written comments have been received Page 60 of 405 A GREAT CITY…FOR GENERATIONS TO COME Recommendation That Council approve the Zoning By-law Amendment to facilitate the development of a 30-storey, mixed-use building containing 456 dwelling units and 2 at-grade commercial units, subject to the modifications and regulations outlined in Report No. PBD-2024-01.Page 61 of 405 5438 Ferry Street Public Meeting January 16th, 2024 @ 4:30PM Page 62 of 405 BACKGROUND INFORMATION ❖Located on the south side of Ferry Street and the west side of Fallsview Boulevard, municipally referred as 5438 Ferry Street. ❖Lot occupies ±3,941 square metres (0.39 hectares) with a frontage of 63.3 metres along Ferry Street and 59.1 metres along Fallsview Boulevard ❖Proposal is for a high-rise mixed-use apartment building consisting of 2 commercial suites at the ground level, and 456 residential dwelling units above grade. ❖Eight levels of parking, consisting of three levels below grade, one at -grade parking level and four levels of above grade parking. ❖A road widening of 2.94 metres on Ferry Street & 0.81 metres on Fallsview Boulevard are proposed to facilitate the development. ❖The building is proposed to be developed in close proximity to the front and exterior side yards, and additionally will provide patio areas to contribute to a positive public realm ❖Fallsview Boulevard is a collector road, and Ferry Street is an arterial road. Both roads are publicly maintained year-round by the City. ❖The proposed development has been thoroughly examined to ensure that there would be capacity in the existing municipal services to accommodate the increased density. This is further explored within Functional Servicing Report prepared by Quartek Group, August 2023. ❖Subject lands are previously used as a commercial restaurant building and associated parking. ❖Zoning is Tourist Commercial –TC (site-specific TC-75) , OP Designation is Tourist Commercial ❖Future development phases include a Standard Draft Plan of Condominium, Site Plan Application and Building Permit application.Page 63 of 405 PROPOSED SITE PLAN Rear Yard Front Yard Interior Side Yard Exterior Side Yard ❖Floors P1, P2 and P3: Below-grade parking ❖Floor 1: Ground Floor Commercial and On-surface parking ❖Floors 2 –5: Above-grade parking ❖Floors 6 –29: Nineteen residential units per floor ❖Floor 30: Penthouse Level (12 suites per floor) ❖Diverse range of residential unit types ❖6 elevators and two stairwells ❖Amenity space on ground floor (mail room, garbage room, front lobby, pet wash, etc.)Page 64 of 405 REQUESTED AMENDMENTS General Tourist Commercial Zoning Provisions ❖Official Plan Designation (Tourist Commercial) permits a variety of uses, mostly dedicated to businesses available for use by tourists including restaurants, recreational and retail uses. Residential dwelling units are permitted when combined with other uses, given residential use does not exceed 50% of the total floor area. ❖Also within the Clifton Hill Tourism District, where building height is restricted to a maximum of four- storeys but can be amended up to thirty-storeys through a ZBA. ❖Official Plan allows for elements such as maximum building heights, residential floor area, density, etc. to be amended through a Zoning By-law Amendment ❖Amendments to ZBL to address building height, residential floor area, lot coverage, rear yard setback, and parking layout. Proposed Governing Regulations Page 65 of 405 PARKING Site-Specific TC-75 Zoning Provisions ❖The development will have two-way vehicular access, one from Ferry Street as well as from Fallsview Boulevard. ❖456 vehicle parking stalls are offered on-site, including: ❖12 accessible spaces ❖9 car share spaces at the ground-level ❖335 bicycle parking spaces are offered on-site, including: ❖60 outdoor spaces for public use ❖230 outdoor spaces for private use ❖45 indoor spaces for private use ❖Loading Area is offered at the ground level –to the rear of the building ❖Loading Space measures 9 metres long and 3 metres in width ❖Proposed Zoning By-Law Amendment to permit a minimum of 1 parking space / residential dwelling unit. ❖Promote use of public transit for tourist commercial uses, and pedestrian linkage to employment areas. ❖Proposed Zoning By-law amendment to permit the driveway / maneuvering aisle to be a minimum of 6.9 metres in width. ❖Waste pickup area is located in the rear yard of the development, accessed via the driveway aisle at the ground level. Due to the building size, waste pickup will be serviced by a private contractor. ❖Previous site-specific zoning stipulates that the typical zone requirements for parking do not apply for this subject property. Parking ratio is addressed through zoning by-law amendment Page 66 of 405 CONNECTIVITY & LOCAL NETWORKS ❖Pedestrian connectivity to Clifton Hill (major employment area) within 1km (10 minute walk) ❖Nearby connection to two WEGO bus routes (Red Line to Lundy’s Lane & Blue Line to Clifton Hill/Fallsview) ❖Connection to Niagara Region Transit Route 104 –connecting to Queen Street ❖Preliminary investigations suggest that the development can adequately connect to available municipal servicing (water, sanitary, storm sewers, etc.). Further review will be conducted at the time of Site Plan Application.Page 67 of 405 PROPOSED ELEVATIONS & RENDERINGS ELEVATION PROFILE (FERRY)STREET ELEVATION (FERRY) CORNER PERSPECTIVE Page 68 of 405 BUILDING DESIGN ❖Building is stepped-back with the main/ground level with the colonnade and commercial storefront being approximately 5 metres in height and tucked under the parking podium. ❖The building is terraced to allow the high -rise development to contribute to the skyline without creating a wall in -front of the escarpment ❖The 'podium' parking structure is screen with a perforated mesh -like material and is intended to be covered with plants such as vines. The perforated material will be patterned with a 'biophilic' design increasing connectivity to nature. ❖Structural braces are emphasized on the podium level and the top of the building defining the 'crown of the building' ❖Rooftop mechanical area is screened from the public by a shroud ❖Residential units are designed with varying sizes and layouts to maximize the views of the falls and the city landscape. ❖Two commercial spaces face Fallsview Blvd and Ferry St respectively, each commercial space includes patio areas in front of the commercial spaces which are within the building colonnade and are sheltered from rain. ❖Pedestrian access is provided on all sides of the main floor. The main residential entrance faces the corner of Fallsview Blvd and Ferry Street. There is a plaza with landscape features right at the main entrance. MAIN ENTRANCE PERSPECTIVE Page 69 of 405 LOCAL SUITABILITY ❖Surrounding lands are zoned as Tourist Commercial (TC) and can be available to redevelopment into other commercial or mixed land uses. ❖Provides a compact built-form that contributes to the efficient usability of vacant and underutilized land in the settlement area. ❖Clifton Hill Tourism District promotes a pedestrian focus, as provided by the ground - level access to commercial units. ❖Provides a different housing type that will compliment the existing building stock and promote economic stability in the neighbourhood, while aligning with the City’s visions of growth for the area. ❖Contributes to the City’s goal of creating an internationally recognizable skyline. ❖Within 1km of Clifton Hill. Increased residential density and added commercial units contribute to the feasibility of the employment area and the creation of complete communities.Page 70 of 405 PLANNING POLICY ANALYSIS ❖Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, new legislation for changes to the Planning Act (Bill 109, 23) provide the policy framework and guidance on where new development should be concentrated in the urban settlement areas. ❖Regional Official Plan provides additional policies and direction on the type, density, range and mix of uses in strategic locations focussing on compact built form and efficient utilization of municipal services. ❖City of Niagara Falls Official Plan, encourages the optimization of available land for residential infill at a density generally higher than currently exists and compliments the area. The Housing Needs and Supply Report addresses the need to promote affordability an d housing availability when considering future development. Proposed development and conformity with planning policy… ❖Providing an opportunity for an infill residential use to assist the City and Region to address the housing shortages, and contributes to local targets for residential density. ❖Addresses the shortage of apartments greater than five storeys (less than 4.0% of housing stock, compared to Regional average of 5.5% and Provincial average of 17.2%). ❖Helps diversify the city’s housing supply to include a wider range of price points and a range of options for housing tenure, to address the varying financial needs of existing and future residents ❖Contributes to the achievement of complete communities by providing a diversity of unit types and additional employment opportunities. ❖Provides a transit-supportive development, with a positive exterior for pedestrian access and close connection to municipal transit options. ❖Contributes to establishing an internationally-recognizable skyline, while providing a design that does not block views of the escarpment. ❖Efficiently provides site servicing and utilize existing infrastructure. ❖Concentrate the development to avoid negative impacts to natural heritage features. Page 71 of 405 NEXT STEPS ZONING BY-LAW AMENDMENT APPLICATION Statutory Public Meeting (January 16, 2023) Present proposal and information about the proposal Respond to comments/issues/concerns City to prepare/present Recommendation Report with the proposed amendment to the By-law Council Meeting (TBD) Discussion on outstanding comments/issues Council deliberation and pending recommendation Notice of Decision 20-day Appeal Period SITE PLAN APPROVAL APPLICATION DRAFT PLAN OF CONDOMINIUM Prepare draft plan to condominiumize mixed-use apartment building Exemption is possible, determined through processing of SPA Prepare application and all applicable Site Plan Drawings (Site Plan, Landscape Plan, Site Servicing and Grading Plan, Sediment and Erosion Control Plan) Clear Conditions Register Site Plan Agreement BUILDING PERMITS AND CONSTRUCTION Prepare building permit drawings conforming to new zone regulations Obtain building permits and start construction Page 72 of 405 THANK YOU P. Leigh Whyte, Consulting Planner leigh@plwconsulting.com Matthew Trendota, Architect mtrendota@quartekgroup.com Quartek Group Inc. QUESTIONS Page 73 of 405 1 The Niagara Falls Shadow Council "The Official Opposition Party of the City of Niagara Falls Council" An Independent Social Counseling organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #01-16-2024-04 Tuesday, January 16, 2024 Correspondence for the January 16 2024 Council Meeting 5.1 PBD-2024-01 (Report and presentations added) AM-2023-023 - Zoning By-law Amendment 5438 Ferry Street Proposal: To rezone the property to facilitate the development of a 30-storey, mixed-use building containing 456 dwelling units and 2 commercial units. Applicant: 1788618 Ontario Inc. (Rick Dritsacos) Agent: Quartek Group Inc. (Eric Potts) Council and Residents of Niagara Falls, No traffic entrance should be allowed onto ferry St. That intersection needs to be flagged as sensitive. The proposed development itself is fine, but allowing a driveway so close to the intersection will cause gridlock. Have you seen the volume of traffic and pedestrians walking along that section of sidewalk? Automobiles turning into the property will get block by walking pedestrians, and traffic will back up into the intersection more than it does now. The property should enter and exit only off Fallsview. The current use has limited traffic, but the proposed development would certainly overwhelm the traffic flow if allowed to enter and exit from Ferry St. The development on the other side of Dairy Queen would not have this problem, as a driveway onto Ferry St. would intersect with a lane that contributes traffic to the intersection. Any disruption of the traffic flow would ease traffic flow through the intersection. Page 74 of 405 2 Whereas the proposed development would have a driveway that intersects with a lane that allows the evacuation of the intersection. The development should not be allowed to have a driveway intersecting Ferry St. If I were a City of Niagara Falls Council Member, I would not approve the Amendment due to the driveway placement. Joedy Burdett reserves the right to all Planning Act appeals and requests to be notified of all Planning Act notices and desires to be informed and participate in all planning events to which a member of the public is entitle to concerning these matters. Page 75 of 405 3 Joedy Burdett President of the Official Position to 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 neither funded or 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 76 of 405 1 Heather Ruzylo Subject:-Alzheimer Society Deputation From: Teena Kindt <TKindt@alzheimerniagara.ca> Sent: Monday, December 11, 2023 2:24 PM To: Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-Alzheimer Society Deputation Importance: High Good aŌernoon Bill, The Alzheimer Society of Niagara Region would appreciate being put on the agenda for a deputa Ɵon on January 16th, 2024. January is Alzheimer Awareness Month and we would like to provide informaƟon on Alzheimer’s disease, our programs and services and that we are looking for new board members. If you would kindly confirm that it is possible to present on this date – we can provide the name of the Board Member and the presentaƟon in January. Much appreciated, Teena Teena Kindt, CFRE Alzheimer Society of Niagara Region Chief Executive Officer 403 Ontario St., Unit #1 St. Catharines, ON L2N 1L5 Ph: 905-687-6856 ext.561 Fx: 905-687-9952 tkindt@alzheimerniagara.ca www.alzheimerniagara.ca Please do not feel obligated to reply to my emails outside your normal working hours We acknowledge that we live and work on the tradiƟonal lands of the Haudenosaunee, Anishinaabe, Aƫwonderonk (Neutral) and Mississaugas of the Credit First NaƟon. CASL NOTICE: This email is being sent on behalf of the Alzheimer Society Niagara Region, 1-403 Ontario Street, St. Catharines, Ontario, 905-687-3914. If you no longer wish to receive communicaƟons, please send your request to info@alzheimerniagara.ca or reply to this email. Page 77 of 405 2 This message contains confidenƟal informaƟon and is intended only for the individual named. If you are not the named addressee, you should not disseminate, distribute, or copy this e-mail. Please noƟfy the sender immediately by e-mail if you have received this e-mail by mistake, and delete this e-mail from your system. E- mail transmission cannot be guaranteed to be secure or error-free, as informaƟon could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender, therefore, does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verificaƟon is required please request a hard-copy version CAUTION: This email originated from outside of the organization. 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Page 78 of 405 S0cz'e’z‘e’ NIAGARA REGION \.ALZHEIMER SOCIETY NIAGAR A/Page 79 of 405 "Elm 5W?”i _,LW 3..m.,..“.;: FQW%FOI Jnsnmmmcuum S0cz'e’z‘e’ NIAGARA REGION Page 80 of 405 Niagara Falls Innovation Hub NFIH nfinnovationhub.ca Welcome to the Hub 4551 Zimmerman Ave, Niagara Falls, ON L2E 3M5Strengthening Community Through Innovation @NFInnovation_Hub Page 81 of 405 NIAGARA FALLS INNOVATION HUB PROGRAM S PEOPL E PARTNERSHIPS/PILOT PLAC E Page 82 of 405 PLACE Page 83 of 405 •Open Desk Space •Collaboration •Tech Accessories CO-WORKING SPACE Page 84 of 405 •Flexible Desks and Chairs layout •Presentations •Workshops •Employee Training CLASSROOM THE Page 85 of 405 THINK TANK •Private Meeting Space •Brainstorming •Presentations •Content Shooting Page 86 of 405 CONTENT CREATION SUITE •Photography Accessories •Shoot in 4K Video •DSLR Camera •Product lightbox PODCAST STUDIO •Fully Sound -Proofed •Video & Audio Podcasting •4 High Quality Microphones •Recording Software Demo Page 87 of 405 THE MAKER SPACE POWERED BY •Prototyping ⚬CNC ⚬Waterjet ⚬3D Printing ⚬Laser AND S O M U C H M O R E . . .Page 88 of 405 BASE L A B •B iological A gri -tech S ustainability E cosystem •A space to showcase Clean and Argi -tech startup products and services •State -of-the -art biology and agriculture technology and resources Page 89 of 405 •Downtown storefront piloting •Supports 5 artisans and 1 wellness service provider per cohort •Hosts events and workshops Women’s Market Page 90 of 405 PEOPLE Page 91 of 405 Eldon Page 92 of 405 PROGRAMS Page 93 of 405 Co-Working Space Community Business Incubator •Affordable co-working and office space •All memberships include all of hubs amenities & services •Where the magic happens: a safe space to collaborate Page 94 of 405 Startup VISA Gateway to North America •One of 50 designated institutions across Canada to be accepted •Immigrant Entrepreneur Opportunity •Global Talent Boost for Niagara Falls powered by Page 95 of 405 Investor Readiness Supercharge Your Fundraising Journey •Tailored 6-Month Accelerator •Technical and Business Skill development •Personalized Business Coaching and Support-Investor/Pilot Goals powered by Page 96 of 405 •Retail Incubator for Niagara Women Businesses •Cost-Efficient Physical Presence: 3 month cohort •Community Engagement & Professional Development Magnificent Women’s Market The Ultimate Piloting Experience powered by 4605 Queen St. Niagara Falls, ON L2E 3M5 Page 97 of 405 S.T.E.F. Camp Science, Technology, Engineering and Fitness •Youth Camp focusing on Science, Technology, Engineering and Fitness •Partnership with White Oaks •Scholarships for students who need financial support Page 98 of 405 E=STEAM Entrepreneurship= Science, Technology, Engineering, Arts, and Math •Activities include themes of financial planning, audio & broadcasting media, and mechanical engineering all through an entrepreneurial lens •289 students from the NCDSB: ⚬St. Vincent de Paul ⚬St. Patrick ⚬Our Lady of Mount Carmel ⚬Notre Dame ⚬Loretto ⚬Fr. Hennepin ⚬St. John Henry Newman ⚬St. Mary‘s Page 99 of 405 PARTNERS/PILOTS Page 100 of 405 Page 101 of 405 MCLEOD RD. NEW PARTNERS Page 102 of 405 850+ Jobs Created 300+ Companies Supported Page 103 of 405 250+ Lectures, Seminars, Networking 7500+ Coaching Hours Page 104 of 405 Page 105 of 405 NEW COMPANIES Page 106 of 405 NEW COMPANIES Page 107 of 405 170 Jobs Created 60+ Companies Supported 2023 Page 108 of 405 Infinite Harvtes Technologies Collects food waste and uses it for growing black soldier flies that will then be converted to pet and animal feed protein. •Migrated business to Niagara Falls from Columbia •Received over $100,000 in local investment in December •Voted one of the top sustainability companies to watch out for in 2024 Paradigm Healthcare Services Nurse Staffing Agency from Niagara. •Niagara College graduare female entrepreneur •Has supported over 25 employees working under company •Supports both public and private sectors with RN’s RPN’s & PSW’s, Page 109 of 405 Leaf Automation An AgriTech firm specializing in AI and automation for farming. •Migrated business to Niagara Falls from Chile •Developed Wine Tasting Journal, working with many wineries in Niagara to integrate their technology •Has drawn interest from major retailers like LCBO to use their technology Axora Group IT development organization that focuses on app, software and web development. •Migrated business to Niagara Falls from India •Has supported dozens of Niagara based companies with development support •Nominated for GNCC Women in Business Award Page 110 of 405 Zoom Zoom Rideshare Rideshare App focused on hiring Niagara drivers to offer safe and affordable transportation services. •Offers Cross Boarder, ZoomKids and Zoom For Her which provides monitored transportation for enhanced safety •Has 10,000 users on the app 2023 •200 drivers in Niagara and 5 full-time staff TechRyde Food ordering software that integrates with platforms like Uber Eats and Door Dash. •Working with over 900 restaurants in Canada and USA •Recurring revenue of over $500,000 USD annually •Has a sales and development team working out of the hub, with a recent new hire in December.Page 111 of 405 Docere Health World’s First no-code telemedicine platform connecting physicians with residents that have no doctors. •Over 10 clinics have used their product. •Migrated business from Albania to Niagara Falls •Raised $500,000 in the past year; won top youth entrepreneur in Canada & 1st place Microsoft Pitch Competition Corks and Bubbles Crafts small batch, artisan, high quality, private label wholesale soap. •Acquired 5 distributors of product in 2023 •Nominated one of Niagara’s most influential women businesses in 2023 •Lead the shoebox project providing shoeboxes of essential items to women who suffered from physical and sexual abuse Page 112 of 405 Twists World’s first eco-friendly paper packaging solution made from recycled paper and providing a stronger, safer and cheaper alternative to current Styrofoam solutions •Manufacture their machines in Niagara Falls •Recent $400,000 investment from BDC •Finalist in Meridians nation-wide Big Impact Awards; recognizing Canada top business in sustainability iMVR VR software and hardware company that created first VR training simulator for transport trucking. •Manufacture their machines and software in Niagara •Working with Canadian government on VR training for Healthcare •Led anti-human trafficking campaign with Canadian Government Page 113 of 405 Millron Industrial Millwright Services transforming the marine world. Reinventing the Boom arm and creating AI software to revolutionize vessel management •10 Full-Time Staff •Over $750,000 in revenue 2023 •Large Customers: Algoma, McKeil, CSL, Coastgaurd Oneworld Logistics Logistics company started in Niagara Falls focusing on cross boarder shipping •Started in 2022 out of the hub •10 full-time staff •Over $106 Million sales in 2023 Page 114 of 405 ON THE HORIZON Page 115 of 405 UNFC Partnership Students & Community •4 Year Funded Partnership. •Connecting students with hub’s companies for WIL opportunities. •Creating capstone projects for community integration.Page 116 of 405 Business Basics Idea-Early Stages •Created in order to support the over 100 applicants that applied for the Start Company + Program. •Business tools, modules and technology to start and grow local SME's. •Goal is to equip SME owners with knowledge and tools to minimize operational costs and maximize success.Page 117 of 405 Protohype Product Design and Market Fit •Discounted Prototype and Marketing Program. •Mechanical Design and Production Project Support. •Multifaceted Marketing Tools.Page 118 of 405 @NFInnovationHub@NFInnovation_Hub @NFInnovationHub@NFInnovationHub Globally known, locally grown. NIAGARA FALLSthe INNOVATION HUB Page 119 of 405 2024 Budget: $1,047,038 Funding Sources: CNF= $700,000 UNFC= $200,000 Revenue= $147,038 Previous Budget 2019-2023 = $1,600,000 annuallyPage 120 of 405 1 Heather Ruzylo Subject:-Niagara Falls Innovation Hub- Educational Field Trip Testimonials From: Quaranta, Vincent <Vincent.Quaranta@ncdsb.com> Sent: Monday, January 8, 2024 9:30 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Cc: Ruth-Ann Nieuwesteeg <rnieuwesteeg@niagarafalls.ca>; Tony Baldinelli <tbaldinelli@niagarafalls.ca>; Victor Pietrangelo <vpietrangelo@niagarafalls.ca>; Mona Patel <mpatel@niagarafalls.ca>; Wayne Campbell <wcampbell@niagarafalls.ca>; Mike Strange <mstrange@niagarafalls.ca>; Wayne Thomson Fallview Account <wthomson@fallsviewgroup.com> Subject: [EXTERNAL]-Niagara Falls Innovation Hub- Educational Field Trip Testimonials Good morning Mayor Diodati and City Council members, Best wishes to all of you for a Happy New Year ahead! I am writing to you this morning to share two testimonial letters from some of our Grade 8 students at St. John Henry Newman Catholic Elementary School in Niagara Falls regarding their experience at the 'Mars Migration Program Field Trip' which recently took place at the Niagara Falls Innovation Hub (SPARK IECI). We understand that the Niagara Falls Innovation Hub will soon be coming to council in hopes of securing funding from the City to further extend their ability to offer local entrepreneurs the space, resources and tools to run successful businesses right here in our city. In addition to this, it is imperative to note that the 'HUB' has also developed and unveiled a truly remarkable field trip experience for our local Grade 8 classes and I am thrilled to share with you how enriching this trip was from the perspective of some of our students. We kindly ask that you consider these letters as affirmations to the HUB's positive impact on our local community in more ways than one. Thank you in advance for your time and consideration with regard to this matter. Warm regards, Vince Quaranta V. Quaranta Grade 8 St. John Henry Newman Catholic Elementary School Please consider the environment before printing this email. This email, including any attachments, is the property of the Niagara Catholic District School Board. This information is intended only for the use of the individual to whom, or entity to which, it is addressed and may contain information that is privileged, confidential and exempt from disclosure under the Municipal Freedom of Information and Protection of Privacy Act. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this transmission in error, please notify the sender immediately and then permanently delete this message. Page 121 of 405 2 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 122 of 405 Mayor's Office The City of Niagara Falls 4310 Queen Street,P.O.1023 Niagara Falls,Ontario Canada L2E 6X5 Thursday,December 21,2023 Dear Mayor Diodati, How is your day going?Hope you’re doing well.My name is Audrey and I am writing to you to tell you how my experience was at the Inovation Hub in Niagara Falls.I went with my class at Saint John Henry Newman and the expeirence was so good!The first thing I did was go to the media room.In there, we recorded a little snippet of a morning talk show talking about why we think humans should move to mars.We also recorded a debate podcast where we debated which department should get money when we move to mars.That was definitely my favourite activity we did!Then later on we built a city but we had to buy the buildings and stay within a certain budget.That activity was also very fun but also a little challeng ing which I enjoyed!It forced me to use my math skills,while also working with and listening to the opinions of the others in my group which I think was very interesting.The last activity we did was build rovers and we had them all race each other which was so cool.It was also cool trying different things out to see what worked for our rover.It really taught me that it’s okay to not get something 100%correct on the first try.Overall,the whole experience was amazing!Everyone that worked there was so friendly and more than willing to help anyone if they needed some help or pointers on how to do something.It felt like a very safe environment where I could say anything and I wouldn’t have to be embarrassed or judged about it.I would love to go again sometime and I think this made a great class trip!Thank you for taking the time out of your day to read this letter.Have a great day! Sincerely, Audrey Page 123 of 405 Mayor's Office The City of Niagara Falls 4310 Queen Street,P.O.1023 Niagara Falls,Ontario Canada L2E 6X5 Friday,December 22,2023 Dear Mayor Diodati, My name is Ariana Fera and I’m a grade 8 student at St.John Henry Newman Catholic Elementary School.Recently,my class visited the Niagara Falls Innovation Hub.Not only does this epic place prepare entrepreneurs for the future of their business but,they allow schools to tour the building along with exploring their materials and rooms. When my school arrived,we were greeted by lovely workers who led us around and accompanied the groups.We had a blast investigating and engaging in all the scientific activities.From the hands-on robot making,to the green-screen morning shows,I learned many things I never knew before.There were four main stations where you learn the problems,benefits and interesting parts of going to Mars. The podcast room was my favourite.We experimented with microphones, headsets,audios and sound effects.Talking through advanced equipment about the Mars exploration project sounded so cool. This trip was very entertaining.All schools should experience what it's like there.It was an incredible opportunity to learn new things and bring my ideas to life.I hope to visit there again in the future. Sincerely, Ariana Page 124 of 405 J anuaiy 11th,2024 Mayte Alvarado Ignorosa 6559 Caswell St, Niagara Falls,ON L2]1C2 Mayor Jim Diodati &City Council The City of Niagara Falls 4310 QueenStreet,P.O.1023 Niagara Falls,ON LZX 6X5 Dear Mayor Diodati &City Council, I hope this letter ?nds you well.My name is Mayte Alvarado and I’m a grade 8 student at Notre Dame CES.I’m writing this letter to let you know about my amazing experience at the Niagara Falls Innovation Hub. I went to the Innovation Hub with my classroom and had an incredible ?eld trip.At ?rstl didn’t want to go because Mrs.Cha said it was an educational ?eld trip but when we got to the Innovation Hub it was nothing like I was expecting.I had a lot of fun learning about new stuff. We did numerous activities like learning how podcasts are recorded,we learned how to ?lm a news broadcast,we learned to build a robot,and much more stuff.This is a one of a kind experience I really hope other kids can experience. Thank you for reading about my experience at the Innovation Hub and I hope you have the opportunity to visit it too.Have a good rest of your day Sincerely, Mayte Alvarado. Page 125 of 405 01/ll/24 Mia Monteleone Notre Dame Catholic Elementary School 6559 Caswell St Niagara Falls,ON L21 1C2 Mayor Diodati Niagara Falls City Hall, 4310 QueenSt, Niagara Falls LZE 6X5 Dear Mayor Diodati and Members of City Council, My name is Mia Monteleone,and I am a grade 8 student from Notre Dame Catholic Elementary School.I’m writing to you to tell you about my amazing experience at the Niagara Innovation Hub.I enjoyed my trip there very much,and got the opportunity to take part in fun and educational activities and learn a lot of new things. Our time there focused a lot o11 something called “Project Mars,”which is a project about ?nding ways to survive on Mars.We got to do a big activity on preparing life on Mars,and it was a great ‘ way to learn about proper budgeting.We also got to build robotic cars that had to withstand obstacles similar to ones they would run into o11 Mars,and that was a fun way to ?grue out creative ways to make something functional.My favorite part of the whole experience was the podcast and greenscreen room.I was able to host a debate with some of my classmates,and I got to use the high quality technology they had there.I had never done something like that before,and I thought it was so fun to be able to speak into a proper microphone and listen to all sides of the debate.I also had the opportunity to host a talk show,and I got to learn how things work on real TV stations.I got to check out all the equipment,and even had a turn recording on one of the cameras.During the intennissions of each activity,we had to travel around the building to get to the next room,which meant I got to see the professionals work there.The environment there is amazing,and the educators on our trip were extremely helpful and intelligent. In conclusion,I really hope other schools get the opportunity to visit the launch center as well, because I know the students will enjoy it just as much as my class did.This was a great trip for me, and I gained so much new information.Thank you for taking the time to read my letter. Sincerely, Mia. Page 126 of 405 09/11/24 Maria Kurian Notre Dame Catholic Elementary School 6559 Caswell St Niagara Falls,ON L2]1C2 Mayor Diodati Niagara Falls City Hall, 4310 QueenSt, Niagara Falls L2E 6X5 Dear Mayor.Diodati and Members of the Niagara Falls City Council, Greetings,my name is Maria,and I am a grade 8 student from Notre Dame Catholic Elementary School.I am writing to you to inform you about all the fun and enjoyment I had in the Niagara Innovation Hub. I had a great day at the Niagara Innovation Hub.Experiencing something new from something I don't know much about was incredibly thrilling,and it forced me to step outside of my comfort zone and attempt new things.The Niagara Innovation Hub,in my opinion,is a really great opportunity for teenagers like us,and also many kids in highschool,to get guidance for their education.It might even give them new ideas on where to start in their lives,and it may help them ?nd new opportunities. Throughout that day,the Mars Project let me see things from a different angle,taught me how to handle challenges,and helped me appreciate what an entrepreneur in Niagara does.My personal favorite was the podcast room.I loved the debate conversations 1 had with my friends;they got really exciting and combative,which I really loved.My personal favorite was the podcast room.In the talk show,I had an amazing experience stepping outside of my comfort zone.The Niagara Innovation Hub had so many incredible,unique facilities,and I found them all fascinating. Thank you for taking the time to read my experience in the Innovation Hub.I am looking forward to exploring new and exciting things in the future. Sincerely, Maria Page 127 of 405 January 11,2024 Emily Scott 6559 Caswell St. Niagara Falls, ON L21 1C2 City Council of Niagara Falls, 4310 QueenSt. Niagara Falls, ON LZE 6X5 Dear Mayor Diodati and City Council Members, Hello,my name is EmilyScott,I am a grade 8 student at Notre Dame Catholic Elementary School.I am writing to you today to talk about my experience at the Niagara Innovation Hub. I spent a day at the Niagara Innovation Hub,and it was a very enjoyable and educational experience.At the Niagara Innovation Hub,they gave me and my friends the opportunity to make a podcast,film a talk show,create a community on Mars,and build robotic cars.We had to use our ?nancial literacy skills and work together collaboratively as a group to create these projects.All of these activities were engaging and fun to make.In the near future,I wish to go back and participate in these activities all over again because I had a great time there.I hope that one day my sisters and other kids in Niagara Falls will get to have the same experience I did at the Niagara Innovation Hub. Thank you for taking the time out of your day to listen to my experience at the Niagara Innovation Hub.I hope you take this letter into consideration. Sincerely, Emily Scott Page 128 of 405 January 11th 2024 Ann Lins 6559 Caswell St. Niagara Falls, ON L2J 1C2 Niagara Falls City Council 4310 QueenSt Niagara Falls, ON L2E 6X5 Dear Mayor Diodati and the City Council of Niagara Falls , Hello,my name is Ann Lins,I am a grade 8 student from Notre Dame Catholic Elementary School.I am writing to you to talk about my experiences at the Niagara Falls Innovation Hub that I went to for a ?eld trip. When I was at the Niagara Falls Innovation Huh,I experienced many different things there.We did many things at the hub,we did a talk show,a podcast,we built robotic cars,and we did a Mars mission.I really enjoyed the Mars mission.The mission taught me many things,like how to use the money I had wisely,and to purchase the things I needed first.Then we did a talk show with professional carneras,green screens,and a professional microphone.I liked doing the talk show.For the talk show,I did the camera and switched the came1‘a’saround.Then we did a podcast.1 did the sound system for the podcast,which was very fun.We also made robotic cars and did many tests on them.Everything we did there was very fun,and it also taught me many things. This was my experience at the Niagara Falls innovation hub.Thank you for taking time out of your day and reading about my experience at the Innovation Hub. Sincerely, Ann Lins Page 129 of 405 January 11,2024 Chloe Song 6559 Caswell St, Niagara Falls,ON L2]1C2 Mayor Jim Diodati The City of Niagara Falls 4310 QueenSt,P.O.1023 Niagara Falls,ON LZE 6X5 Dear Mayor Diodati and City Council, I hope this letter ?nds you well.You may already know me as your trusted grade eight student at Notre Dame CES,Chloe Song.This letter is being written to tell you all about my wonderful and unique experience at the Niagara Falls Innovation Hub. This ?eld trip was nothing like any other ?eld trip we have been on.When I heard that it was going to be an “educational”trip,I was not very thrilled,but in the end it was above my expectations.Although Niagara Falls is already a fun city,you can run out of places to go.The Innovation Hub is like a hidden diamond that makes Niagara more interesting,it de?nitely . deserves more attention.The Innovation Hub is truly an incredible place and there are great leaders there as well.We were able to build our own moving robotic vehicles,we learned ?nance managing skills in a fun way,?lmed our own news broadcast,and recorded a podcast where we were competing against each other.It was an amazing opportunity to learn while having fun with my peers. I would love to be able to visit the Niagara Innovation Hub again in the future,and I hope other kids will get the opportunity to go there next year,the year after,and so on.It was honestly one of my favourite ?eld trips ever.Thank you for allowing me to share my experience with you, have a great rest of your day. Sincerely, Chloe Song Page 130 of 405 January 11th,2024 Hailey Nadon 6559 Caswell St. Niagara Falls, ON L2E 1C2 'Niagara Falls City Council 4310 Queen St. Niagara Falls, ON L2E 6X5 Dear Mayor Diodati and the City Council of Niagara Falls, Hello,my name is Hailey Nadon.I aman eighth grade student at Notre Dame Catholic Elementary School.I am writing to you today to share my experiences at the Niagara Falls Innovation Hub,which I had visited for a school field trip. During this field trip my classmates and I experienced many fun and educational activities,including talk shows,podcasts,building robotic cars,and a Mars mission.These activities kept us all entertained throughout the entire trip.They were fun,exciting and taught us a variety of things.My personal favourites were the Mars Mission,and talk shows.During the Mars mission,we were given a budget of $1 ,0O0,000 which we had to spend to create a functional town.It was fun and taught me how to spend money wisely as well as communicate with my peers.For the talk show,I was in charge of filming with a professional camera,and switching between the two points of views.Alongside those,building and testing the robotic cars was fun too.Lastly,the podcasts were a lot of fun as well.We had to argue with our peers about who's reasoning was better for colonization on Mars. Overall,that was my trip to the Niagara Falls Innovation Hub.It was fun,exciting, entertaining and educational.Thank you for taking time out of your day to read this letter and I hope you see what a great place this is. Sincerely, Hailey Nadon. Page 131 of 405 January 11th,2024 Devin Huynh Notre Dame Catholic Elementary School 6559Caswell St. Niagara Falls,ON. L2]1C2 Mayor Jim Diodati Niagara Falls City Hall 4310 Queen St. Niagara Falls,ON. LZE 6X5 Dear Mayor Diodati and City Hall, I hope you are having a great,productive week.You might already know me as one of your loyal grade eights from your most respected school,Notre Dame.Niagara Falls is already a great city, but what made my experience with it even better was when the grade eight students went to the Niagara Falls Innovation Hub.My teacher,Mrs.Cha,said it was going to be an educational field trip, so I didn’t expect much from it,but it turned out to be one of the best,most exhilarating experiences in Niagara Falls. The Niagara Falls Innovation Hub had numerous and enjoyable activities that stem from building your own mechanical vehicles,to being in a podcast,and more,For the mechanical vehicles,we got to build and race with them afterwards.After that,we got to talk in a podcast,and the idea of it was that three departments debated whether who should get $100,000 for their departments and those were the water and electricity department,the education department,and the medical department.The last two activities we got to do were filming a video interviewing someone,and making building plans to move to Mars. Thank you for taking your time out of your day to read this letter about my experience with the Niagara Innovation Hub.Have a great week. Sincerely, Devin Huynh. Page 132 of 405 01/1 l/24 Jorja Miller 6559 Caswell St Niagara Falls,ON L2J 1C2 Niagara Falls City Council 905-356-7521 4310 QueenSt Niagara Falls,ON L2E 6X5 Dear Mayor Diodati and City Council Members, Greetings,my 11ame is Jorja.I am a grade 8 student at Notre Dame Catholic Elementary school who quite recently had the opportunity to visit the Niagara Falls Innovation I-Iub.I am writing this letter today to tell you about my experience at this location.I found it very intriguing for the fact that it had educational factors tied into it. At ?rst when I heard about how it was an educational ?eld trip,I wasn’t too excited.Yet after visiting the location,my view on it completely changed.All the activities we participated in throughout the day were themed around the “Mars Immigration Project”.Our first activity was to build robots to withstand challenges that they would most likely encounter on Mars,it was a fun challenge to see who could have the best one.Our second activity was to build a well developed city on Mars with a budget of 1 million dollars.This was a great activity to learn about budgeting.The next two activities, which were everyone’s favourites,were a podcast and a talk show.For the podcast,one of the people from the group hosted a debate for which committee should receive 100k for their department.There were three people each representing a department,food and water,health and education.They answered questions based on why their department should earn the money while being listened to by the ‘mayor’.To end the debate,the mayor had to make and announce their decision. This activity was by far the most fun.I played the role of the mayor,so I didn’t quite get to experience the technology,but I really enjoyed how engaged everyone was in this debate.Although I did hear from my peers about how amazing the experience with the microphones were.For the talk show,it was treated as though it were a real one.There were two camera people,a director,a person who controls the background and what cameras are on and of course,the talk show host and their guest.The cameras were incredibly fun to use,they were high quality and advanced.It felt incredibly professional. Everyone left the building feeling amazed.It was such a great experience and I would love to visit it again.I hope every school can have the opportunity to visit this place,l’m sure they would enjoy the experience as much as Notre Dame’s current grade 8’s did.Thank you for taking the time to read this. S incerely, Jo?a Page 133 of 405 01/ll/24 Jonathan Ferraro 6559 Caswell Street. Niagara Falls,Ontario L2J 1C2 905-358-3861 Mayor Diodati 4310 QueenStreet. Niagara Falls,Ontario L2E 6X5 905-356-7521 Dear Mayor Diodati and Members of Niagara Falls City Council, Good afternoon,I am writing this letter to draw your attention about the Niagara Falls Innovation Hub.My name is Jonathan Ferraro and I am a grade 8 student from Notre Dame Catholic Elementary School.I have heard great things about the Innovation Hub and I truly hope that I can have an experience like my classmates did later on in school. I have heard of incredible experiences from my classmates about going to the Innovation Hub.I unfortunately couldn't attend this class trip because of a school Volleyball Tournament.1 would really appreciate this being a consistent ?eld trip for classes up until Grade 12.I also was fortunate to hear about all the parts that they experienced such as podcasts,talk shows,and what supplies they would have to purchase if they were to live on the planet Mars.Getting an opportunity to learn different things that you wouldn't normally lear11in school gives you a great chance to expand your knowledge and gives great learning opportunities.I hope I get a moment to look and see for myself. In conclusion,I am very happy to hear about awesome experiences about the Niagara Falls Innovation Hub and I would love to tiy this out.I thank you for reading this letter andl hope you have a great day. Sincerely, Jonathan Ferraro Page 134 of 405 F-2024-02 Report Report to: Mayor and Council Date: January 16, 2024 Title: 2024 Boards and Commissions, Fee for Service, Grants and Honorariums Recommendations Recommendation(s) 1. That 2024 funding levels and classifications for Boards and Commissions, Fee for Service, Grants and Honorariums as presented on Attachment 1 totaling $8,055,345 of which $7,072,446 will be funded by the tax levy, representing a increase in tax levy funding of $192,119 (0.2% levy impact) from prior year BE REFERRED to the 2024 budget deliberations scheduled for January 23, 2024. Executive Summary Annually the City reviews and approves funding for Boards and Commissions, Fee for Service, Grants and Honorariums. Boards and commissions include contractual obligations to the Niagara Falls Illumination Board and the Niagara District Airport Commission as well as Council Approved funding for the Niagara Falls Library Board. Fee for service includes Animal Control Services, Boys & Girl's Club, Firemen's Park, The Niagara Falls Art Gallery, the Niagara Falls Concert Band and the Niagara Falls Innovation Hub. Grants are focused in two areas. A general grant to St. John Ambulance for water patrol and social service related grants for Pathstone, Project Share, Women's Place and the YWCA. A companion report written by the CAO outlines a proposed new approach for social service related grants starting in 2026. The CAO's report recommends that staff be directed to develop a formal written process and supporting documents to support the new grant process. The Honourarium is for the Town Crier and is based on a per event fee. Background The City of Niagara Falls has a history of providing financial support to community groups and organizes the funding requests into the following categories: Page 1 of 7 Page 135 of 405 Boards and Commissions – There are two types of Boards and Commissions, those the City is contractually obligated to fund and those that are Council appointed. Fee for Service Agencies – agencies receiving funding that are providing municipal services that would otherwise need to be provided by municipal staff. These services are considered a “core municipal responsibility.” Fee for Services are recorded as contracted services as opposed to external transfers if there is a formal agreement that the organization will provide services to the municipality. Fee for Service Agencies Process Staff meets with fee for service organizations annually as well as the Niagara Falls Public Library Board. As part of the budget preparations, in the Fall of every year, staff send out a letter to each fee for service organization that is requesting funding (or received funding in the prior year) asking to set up a meeting to review their fee for service ask for the next year. As part of this process, each organization must provide the following information:  2024 Budget request  September 2023 year to date results comparing budget to actual  The most recent financial statements of the organization  A brief description of the services provided to the City covered by the fee  Any other documents that they believe would be useful including annual reports and key statistics Grant Agencies – agencies receiving funding that are not considered core municipal services but are important to the community. These transactions are recorded as external transfers as no contract exists and are discretionary in nature as they are not considered a “core lower tier municipal responsibility”. Grant Agencies Process Council’s current Grant strategy is to not entertain any new grant funding. Each year non indexed funding is provided to the same agencies. The grant agency must fill out the City’s grant application which requests information about the organization, details about the grant request, board members, the most recent financial statements and current budget. Analysis Below is a summary of staff recommendations outlined in Attachment 1, along with a brief explanation of the services provided by Boards and Commissions and Fee for Service Organizations. Board and Commissions (contractual obligation) 1. Niagara Falls Illumination Board – To finance, maintain and operate the illumination system for Niagara Falls. Staff is recommending a nominal increase Page 2 of 7 Page 136 of 405 of 0.1% or $44 from $45,978 to $46,440 in line with the request from the Illumination Board. 2. Niagara District Airport Commission – Contractual agreement with City of St. Catharines, Niagara on the Lake and the Region of Niagara to fund municipal airport. municipal 37.7% approximately for of is Falls Niagara responsible contributions. Operating funding is increasing by 3.0% or $5,756 from $190,014 to $195,770. Operational pressures include aging fleet maintenance, regulatory supports investment, (obstacles, de-icing, staffing), plans/data to support advocacy and development and internal services costs. Capital funding increase of 117.4% or $152,766 from $130,133 to $282,899, with the capital portion funded by OLG reserves consistent with past practice. Capital pressures include airport terminal investments, equipment renewal, asset management, master plans and the purchase of a new plow truck. Board and Commissions (Council appointed) 1. Niagara Falls Public Library Board – Responsible for providing Library services in the City of Niagara Falls. The Library Board has requested an increase of 4.4% or $238,003 from $5,368,608 to $5,606,611 for the 2024 budget. The Library cited cost of living, inflationary increases, one-time events, strategic plan initiatives, the Stamford reopening and the BookMobile coming into use in Q2 as the major factors driving the 2024 increase. Staff is recommending a reduction to a 3.5% increase per Council's budget guidance. This would require the library to reduce their ask by $50,102 to $5,556,509. Fee for Service Agencies 1. Animal Control Services – Animal control and sheltering services, offering protection & education to ensure safety needs to residents. On December 12, 2023 the Niagara SPCA & Humane Society presented to Council and Council renewed a 5 year contract which included 3% annual CPI increases resulting in a 2024 budget of $574,063, an increase of $17,393. 2. Boys & Girls Club – Provide children and youth programming not provided by City recreational staff. Staff has renegotiated an agreement until the end of 2024 at the same rates as the previous agreement ending in 2022 amounting to $211,149. 3. Downtown BIA (Santa Claus Parade & Sparkle Awards) – This $22,000 budget has been reallocated back to the City's material budget in 2024 as the Downtown BIA was dissolved in 2023 and the City will now manage these initiatives. 4. Firemen’s Park – To maintain the park and provide access to use. Increase of 4.1% or $1,300 from $31,950 to $33,250 has been estimated based on current information available as of this report. The 99-year lease indicates annual Page 3 of 7 Page 137 of 405 amount adjusted by CPI. Actuals will be adjusted to CPI annual rates as of December 31, 2023, when available. 5. Niagara Falls Art Gallery – Provide children and youth programming not provided by City and recreational staff. Staff renegotiated contract that expires December 31, 2023 for an additional two (2) years at the same fee as 2023 amounting to $28,000. 6. Niagara Falls Concert Band – Provides services for musical events on a requested basis at City events. Increase of 0% or $0 per the newest agreement for 2023 to 2026. City has an annual obligation to reimburse for damaged sheet music in the amount of $5,000 and this expires in 2026, this portion is not a fee for service. 7. Niagara Falls Innovation Hub – The 2024 budget request was increased to $700,000 as it represents a full year of funding, as opposed to the 2023 budget of $274,626 which only represented a budget of 3 months from January to March 2023. Staff is recommending that the funding request for 2024 be 100% funded by the OLG reserve to continue to have no tax levy impact. Grant Agencies One Foundation In 2023 the City made a one-time payment of $200,000, to be used to purchase an MRI machine. This eliminated the $50,000 annual payment in future years. There will no longer be an annual grant payment. St. John's Ambulance - Water Patrol St. John's Ambulance Water Patrol currently operates 9 hours per day from the last day of school until Labour Day along the Welland River and received a grant of $32,900. An increase of $10,000 or 30.4% has been requested for 2024. Staff is recommending the increase be capped at 3.3% which amounts to a $1,100 increase. Social Services Grants For many years the City of Niagara Falls has funded several Social Service partners in the community. Most of these partners have been single-sourced and the funding amount received has not increased much over time. The CAO is bringing forward a companion report as a follow-up to report F-2023-02, which addressed these same fees and grants for the 2023 budget year. That CAO's report outlines a proposed initiative based on direction from Council to evaluate options for the City's grant budget to take a more integrated and transparent approach to addressing social issues in the community. Page 4 of 7 Page 138 of 405 The following organizations current receive grants for the purpose of social services in the community:  Project Share - $298,400 - food security, poverty and support services  YWCA - $51,333 – Shelter and support services  Pathstone - $20,000 – Children’s mental health Drop-In Centre  Women’s Place - $19,350 – Crisis intervention In F-2023-02 the City agreed to maintain funding for these organizations at the same level for 2023 and 2024. With this new process on the horizon, funding will be held for an additional year to allow time for these organizations to plan and subsequently apply for funding for 2026 onward. The CAO's report is recommending a transition over the next 2 years (4 years for Project Share), so the 2026 budgets for social service grants follow a more open and transparent process. This allows providers to prepare for the change in the process for administering these grants. It is also recommended that grants be for a 3 to 5 year period under the new process, so when providers are awarded funding, there is multi-year stability over a known time period. The CAO's report recommends that staff be directed to develop a formal written process and supporting documents based on direction of the seven (7) grant model characteristics outlined in the CAO's report. Honorariums In 2023 staff recommend that Town Crier move to a reasonable fee per event. Council approved Staff's recommendation of $75 per event, aligning with committee member stipends. This would equal $25 per hour for a 3-hour event. The 2024 budget request is for $250 per event for 4 events for a total budget request of $1,000 Staff is recommending that the Town Crier budget be increased to match the 2024 budget request of $250 per event with a limit of 4 events for a total of $1,000. Financial Implications/Budget Impact The Staff 2024 recommendation for funding Boards, Fee for Service, Grants and Honorariums, listed in Attachment 1, represents a tax levy funding increase of $192,119 which is approximately a 0.2% tax levy impact. Total gross budgeted expenses before considering other non-tax levy funding increased by $570,259 from $7,485,086 to $8,055,345. This increase is primarily attributed to the full year request for the Niagara Falls Information Hub, the capital contribution to the airport and the 2024 Niagara Falls Public Library Board request. Page 5 of 7 Page 139 of 405 Staff is recommending a net increase in funding from the OLG reserves of $378,140 over 2023, to fund the capital contribution to the airport and the increase to the Niagara Falls Innovation Hub. Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments: 1. Sustainable & Transparent Financial Management o Ensure fiscal accountability and fact-based decision making 2. Engaging and Accountable Government o municipal of delivery our in effective efficient being to Commit and services and use of resources, and accountable to our residents and stakeholders List of Attachments Attachment 1 - 2024 Boards and Commissions Fee for Serivce Grants and Honararium Recommendations Written by: James Dowling, Manager of Capital Accounting Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 10 Jan 2024 Shelley Darlington, General Manger of Corporate Services Approved - 11 Jan 2024 Jason Burgess, CAO Approved - 11 Jan 2024 Page 6 of 7 Page 140 of 405 Attachment 1 F-2024-02 January 16, 2024 2024 Recommendation - Boards & Commissions, Fee for Service, Grants and Honorariums Organization 2023 2024 Requests Variance $ Variance % 2024 Recommended Variance $ Variance % Levy Impact Boards and Commissions (contractual obligation) NF Illumination Board 45,978 46,022 44 0.1%46,022 44 0.1%0.0% Niagara District Airport Commission 190,014 195,770 5,756 3.0%195,770 5,756 3.0%0.0% Niagara District Airport Commission (Capital)*130,133 282,899 152,766 117.4%282,899 152,766 117.4%N/A Boards (Council appointed) NF Public Library Board 5,368,608 5,606,611 238,003 4.4%5,556,509 187,901 3.5%0.2% Total Boards and Commissions 5,734,733 6,131,302 396,569 6.9%6,081,200 346,467 6.0% Fee for Service Animal Control Services 556,670 574,063 17,393 3.1%574,063 17,393 3.1%0.0% Boy's & Girl's Club 211,149 211,149 0 0.0%211,149 0 0.0%0.0% Downtown BIA (Santa Claus Parade & Sparkle Awards)22,000 0 (22,000)(100.0%)0 (22,000)(100.0%)(0.0%) Firemen's Park 31,950 33,250 1,300 4.1%33,250 1,300 4.1%0.0% NF Art Gallery 28,000 28,000 0 0.0%28,000 0 0.0%0.0% NF Concert Band 3,600 3,600 0 0.0%3,600 0 0.0%0.0% NF Innovation Hub 274,626 700,000 425,374 154.9%700,000 425,374 154.9%N/A Total Fee for Service 1,127,995 1,550,062 422,067 37.4%1,550,062 422,067 37.4% Grants ONE Foundation (Niagara Health)200,000 0 (200,000)(100.0%)0 (200,000)(100.0%)(0.2%) St. John Ambulance - Water Patrol 32,900 42,900 10,000 30.4%34,000 1,100 3.3%0.0% Social Service Related Grants Pathstone Foundation 20,000 20,000 0 0.0%20,000 0 0.0%0.0% Project Share 298,400 298,400 0 0.0%298,400 0 0.0%0.0% Women's Place 19,350 19,350 0 0.0%19,350 0 0.0%0.0% YWCA 51,333 56,466 5,133 10.0%51,333 0 0.0%0.0% Total Grants 621,983 437,116 (184,867) (59.6%)423,083 (198,900)(32.0%) Honorarium Town Crier (request based on 4 events at $250 per)375 1,000 625 166.7%1,000 625 166.7%0.0% Total Honorariums 375 1,000 625 166.7%1,000 625 166.7% GRAND TOTAL 7,485,086 8,119,480 634,394 8.5%8,055,345 570,259 7.6% Less one time MRI funding by OLG reserve (200,000) 0 200,000 (100.0%)0 200,000 (100.0%) Less Airport Capital funded by OLG reserve (130,133) (478,669)(348,536)267.8%(282,899)(152,766)117.4% Less NFRIH funded by OLG reserve (274,626) (274,626)0 0.0%(700,000) (425,374)154.9% Total amount to be funded by tax levy 6,880,327 7,366,185 485,858 7.1%7,072,446 192,119 2.8%0.2%Page 7 of 7Page 141 of 405 Project SHARE is an essential service, providing over 15 programs to help Niagara Falls residents meet their basic needs. Emergency food is the immediate need that brings people in the door, and from there they are connected to all applicable support services through a one-on-one meeting with a trained client services worker. Clients can choose their own food items with dignity and fresh produce is our most requested food item. Delivery service is offered to those who need it. Nobody is ever turned away.Page 142 of 405 Our partnership with the City of Niagara Falls: Since 1983 Project SHARE (then known as Coordinated Outreach Emergency Services) has partnered with the city of Niagara Falls to ensure our residents’ basic needs are met. Our initial location was in the basement of city hall and we have received funding as a fee for service agency and then grantee for decades, as council has seen it as their responsibility to ensure residents are fed, housed and healthy. Page 143 of 405 We exist as part of a social services system working together to ensure our residents are fed, housed and healthy. While the current city funding is distributed to seperate agencies, we often refer to one another, and help our residents navigate all the community supports available. The funded services prevent the state of emergency declared on mental health, homelessness & addictions from becoming worse. We also share emergency food with other food programs like Third Space Café’s breakfast. It is clear our community is in a crisis, and agencies are seeing record breaking numbers. We are committed to working collaboratively to better serve our community. Page 144 of 405 In 2023 with your support: 13, 047 individuals accessed Project SHARE’s services which includes 314 who were served at our new, Chippawa satellite site 1 in every 7 residents of Niagara Falls relied on our emergency support services This is a significant increase over the 9,313 individuals served in calendar year 2022. Page 145 of 405 Our capacity to meet this need is becoming strained. In the fall of 2023 we opened a Chippawa satellite food bank to reduce transportation barriers for residents, and reduce the physical capacity constraints of our Stanley Ave location. We are currently exploring additional options to improve our capacity to meet the alarming increased need in our community. Feed Ontario’s 2023 Hunger Count showed Niagara Falls saw the 5th highest food bank services increase across all of Ontario. We are serving as many as 180 families (households) every day. Now is not the time to remove stable, relied upon funding. Photo of Chippawa satellite site courtesy of the Niagara Falls Review Page 146 of 405 $298,400 has been contributed by the city annually for numerous years, is the only source of core, reliable funding, and the only government funding received for our emergency food program. This has been a source of pride for both the city and Project SHARE for decades. While city funding is rare, Welland also funds their two food banks. Our city funding equates to an investment of $22.87 per resident served. With a proposal for a new, granting system being reviewed, our concern is whether residents’ basic needs will continue to be provided and seen as a city responsibility. Page 147 of 405 We view our funding from the City as a partnership and receive many referrals from city staff. We know our food bank is not the solution to solving food insecurity and are committed to working with other service providers and levels of government to meet the community needs while advocating for long term supports. Research by Hamilton Food Share & McMaster University showed half of food bank visitors would become homeless if they had to purchase the food they receive from the food bank. Locally, clients have told us they would “starve”. Page 148 of 405 Our request: Project SHARE has been seen as a city responsibility since our inception. It is our ask to council that you continue to identify our essential, emergency support services as a responsibility and strategic priority for annual funding, in alignment with your campaign platforms, and commit to funding beyond 2024. Page 149 of 405 To be the change agent for community transformation ending gender inequity and social injustice. An equitable society where women and families thrive. MISSION VISION Page 150 of 405 Transitional Housing Our comprehensive program offers on-site transitional housing for wraparound support, supported housing with tailored assistance, and off-site options for a gradual transition to independent living and self sufficiency. Skills Development Tailored for youth, women, and families, our diverse workshops are an excellent way to increase knowledge, build self-awareness, and enhance the skills that would be transferable as the client moves towards stability and independence. Anti-Human Trafficking By building partnerships, our ongoing prevention work, and providing a safe and secure place to heal from their traumatic experiences, the YW has been a catalyst in the healing journey of survivors in Niagara. Emergency Shelter Two 20-bed emergency shelters for women and children in St. Catharines and Niagara Falls provide a safe haven for those needing immediate shelter, warmth, and support. YWCA NIAGARA REGION OVERVIEW 291 women and 24 gender diverse folks found refuge in our emergency shelters this past year. 224 clients found a place to call home in just our off-site transitional housing program this past year. Workshops include but are not limited to: self-esteem, coping skills, financial literacy, housing maintenance, landlord and tenant rights, resume building, conflict resolution, healthy relationships, etc. 24 unique individuals found comfort in our safer house this past year.Page 151 of 405 The evolving landscape of homelessness in the region has illuminated a pressing need for specialized units catering to the unique needs of vulnerable women with children and families. It has been increasingly evident that the demand continues to increase as our funding continues to decrease. Page 152 of 405 OUR CLIENTS CALL NIAGARA FALLS THEIR HOME. Men and Family Shelter 72 men, 24 children, and 7 gender-diverse folks found refuge in our men and families shelter units in Niagara Falls 138 female identifying individuals, 26 male identifying individuals, and 92 children found a place to call home in our off-site transitional housing units in Niagara Falls Emergency Shelter Culp St 128 women, 11 children, and 10 gender-diverse folks had a safe space to land at our emergency shelter for women and children in Niagara Falls. We’re pleased to have introduced 2 new on-site units to Culp St. We currently operate 32%of all emergency shelter units in Niagara region Off-site Transitional Housing Units Culp St Current Funding Page 153 of 405 Niagara Falls Public Library Page 154 of 405 Anne Andres- Jones - NFPL Board Chair John Anstruther - NFPL Board Vice-Chair Alicia Subnaik Kilgour - NFPL CEO/Chief Librarian Page 155 of 405 Message from your Library Board Page 156 of 405 2023 at a glance in-person visits 250,730 41% virtual visits 352,966 2%Page 157 of 405 items borrowed 563,398 12% individual active cardholders 49,197 9%Page 158 of 405 computer sessions 30,851 27% WIFI sessions 46,782 37% programs 2079 56% program attendees 38,633 57%Page 159 of 405 2023 Community Outreach Class visits reaching students in-school, in-library and virtually 375 13,494 396 14,539Outreach programs with attending in-community Deliveries to Visiting Library Service customers bringing in-community, in Long Term Care Homes 844 9,359 76 items directly to their doorsPage 160 of 405 2024 Forecast Operating Budget Page 161 of 405 Operating Ask at a glance The Operating Budget ask represents a 4.43% increase or $238,002 to the City Operating Transfer. The Library Board has made considerable effort to: ●Return to levels of full service with all four locations open; including the planned reopening of the Stamford branch with additional hours (two evenings and Sundays, meeting obligations to McCall MacBain Foundation) ●Ensure that library resources and funds are efficiently utilized with a targeted focus on Strategic Plan ●Continue to increase revenue through our fundraising efforts Budget reductions will result in the Library being unable to maintain its infrastructure and provide the level of service that satisfies the needs of our community. The Library Board would be forced to implement reductions in services.Page 162 of 405 2024 Budget Considerations ●Labour Expenses: ○Staffing expenses make up approximately ¾ of the Library’s total budget ○Cost increases are due to a cost of living adjustment, wage progressions, and increases to EI and WSIB rates ●Contracted Services: ○Security costs at the Victoria Ave location to include overnight patrols (5 months of the year) ○Employee Assistance Program extended to part-time staff ●Misc Expenses: ○Community events for the reopening of the Stamford Library and for the 50th Anniversary of the Victoria Avenue Library to bring the community together and celebrate local heritage ●Insurance: ○Increase to annual premiums and the addition of Cyber Insurance ○Full year of auto coverage for the BookmobilePage 163 of 405 Niagara Falls Public Library Board - 2024 Operating Budget Page 164 of 405 Niagara Falls Public Library Board - 2024 Operating Budget Page 165 of 405 Mitigation Efforts & Opportunities ●Fundraising efforts have realized great results and these efforts will continue beyond Stamford’s reopening ●We are leveraging what we have in terms of staffing resulting in savings before applying the COLA ●Continued work with our community partnerships with groups like NASO, CORE, etc. ●We are leveraging shared service opportunities with the regional local library boards, which include regional programming, joint ventures, and regional board training Page 166 of 405 Thank You Page 167 of 405 The City of Niagara Falls, Ontario Resolution January 16, 2024 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 January 16, 2024, 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, including matters before administrative tribunals, affecting the municipality THEREFORE BE IT RESOLVED that on January 16, 2024 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 with respect to the awarding of a contract. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 168 of 405 CAO-2024-01 Report Report to: Mayor and Council Date: January 16, 2024 Title: Social Services Grants Recommendation(s) 1. THAT Council APPROVE a change in the social services grant funding process starting in 2026. 2. THAT Council DIRECT staff to develop a formal written process and supporting documents based on Council's direction related the seven (7) grant model characteristics outlined in this report. 3. THAT Council APPROVE the pilot project (Project Elevate) for a maximum of 18 months as outlined in this report. 4. THAT Council DIRECT staff to report back in a year with an update on the social services plan. Executive Summary Social Services has increasingly come into focus for this Council and many others across the Country as most municipalities are struggling with homelessness, drug addiction and mental health issues in their community. This Council declared a state of emergency in June of 2022 on Mental Health, Homelessness and Addiction to bring increased focus on this matter. Additionally, during the 2023 budget process, Council asked staff to come back with recommendations for a grant allocation program. Lastly Council approved a strategic plan that included social sustainability as part of the plan. Staff took the state of emergency declaration and combined with Council's other directions, including the desire by Council to increase funding for the City’s grant budget and investigated a more strategic, integrated and transparent approach to these pressing social issues. This report provides Council with a starting point to refocus the City's role in critical social services. It is clear that there has been a fundamental change in social and economic factors, which has created a more complex environment where prior approaches to these issues are no longer working. A trip through the City of Niagara Falls or many other cities across the Country, one can easily see the evidence that the current problems are on a scale that we have not seen in recent memory. Though the challenges in Niagara Falls have not been as severe as in other cities, there are increasing occurrences of individuals living in encampments on public or private property, people living in their Page 1 of 12 Page 169 of 405 cars, and individuals on the street openly dealing with substance abuse and or mental health issues. For a variety of reasons our current services cannot keep up with addressing the issues. Continuing to do the same thing does not seem to adequately manage the situation. Staff had a number of meetings directly with social service agencies during the year to collaboratively look for a different approach. Staff also had discussions with representatives from Finland, a world-leader in this area, who received significant recognition on their Housing First strategy, which has greatly reduced homelessness and other social issues. Staff consulted with social service agencies to see if they could develop new programming to address these pressing needs. Unfortunately, there were no formal recommendations from the agencies however based on the discussions and the findings of these meetings, staff have formulated a program and a plan to better align social services funding with Council priorities. This report is broken into three parts: 1) Potential improvements to the current granting process to meet best practices. This was a result of previous Council direction from an earlier report (report F-2023-02). Additionally in order to allocate out additional funds, staff need a more effective manner to undertake this. 2) Present an overview of what the City of Niagara Falls will be doing to align its activities to its strategic plan that includes Social Sustainability. 3) Staff have developed a pilot project to address the pressing issues of homelessness and poverty. Background Social and health care services are the responsibility of the upper levels of government, however the reality is the City of Niagara Falls has been playing a significant role in social services. Support by the City of Niagara Falls is undertaken in a number of methods: 1) Grants Program – This is the annual budget allocation to a number of agencies. 2) Sleep Cheap Partnership – Staff support the tourism partners in managing the Sleep Cheap Charities Reap fundraiser and allocate funds based upon applications. 3) Capital Assets: Contribution to Summer Street and contribution to Bridge Housing on Victoria Avenue. 4) Other funded activities: City of Niagara Falls supports social services via funding to homelessness support outreach workers, encampment clean-ups, by-law support. 5) Fee Waivers: The City often waives fees for fundraisers that support local agencies, such as the Book Riot for Women’s Place, Rotary Ribfest and Volunteer Fire Fighter Associations. Page 2 of 12 Page 170 of 405 Council adopted a strategic plan that had one of the key areas of focus as “Social Sustainability” specifically the City is looking to ensure residents have access to items such as affordable housing, health care and other social services. Part 1 - Grants Program: As directed by Council in early 2023, staff have made recommendations for changes to this program. Currently the City of Niagara Falls provides the following grants for social services: Project Share - $298,400 - food security, poverty and support services YWCA - $51,333 – Shelter and support services Pathstone - $20,000 – Children’s mental health Drop-In Centre Women’s Place - $19,350 – Crisis intervention Under the current rules, Project Share, YWCA and Women’s Place has been single sourced or allocated these funds for more than 15 years. Pathstone was single sourced a few years ago at the direction of Council. Funding has stayed constant for years. The challenges with the current approach to these grants are as follows:  Not an open and transparent process - This is against normal public practices where there is an open and transparent process to allocate taxpayer dollars. Generally, there is an open call from interested parties to participate in a process to obtain funding. This is not only true for government funding but for most other charitable funding organizations. Effectively, City Council has single sourced these funds annually since the start of the program.  Does not support new and innovative solutions - There is no process to allow new or innovative approaches from other agencies to obtain funding. Under the current approach, Council is not presented with alternatives to the current grant- receiving agencies. There can be and are often new approaches or new ideas to these challenges being undertaken by other providers throughout the City.  Precarious funding - The funding, though it has been consistent, in theory can be taken away any year by a decision by Council which would be difficult for agencies to adjust to. A multi-year commitment would be more effective for the agencies to properly plan sustainable services.  Funding not keeping up with inflation - There has been no increase in funding since the original decision. This means that in real terms, there is less capacity for each of these organizations to accomplish their objectives. Though this is noted as a negative, it should be pointed out that the City of Niagara Falls' total funding for social service agencies is substantial in comparison to other municipalities. Last year, Council did make the decision to potentially increase the pool of grant funding by $100,000. However, the challenge is, that without Page 3 of 12 Page 171 of 405 an open and transparent process it is difficult to make recommendations on how to spend this incremental amount of new funding.  Council priorities not aligned with funding - There is no coordination between Council’s priorities and the funding decision. How does the grant process tie to Homelessness, Mental Health and Addiction? There are some linkages, however it is not a purposeful approach. How did Council come to the decision of funding for the agencies or assess community needs, and are these needs still proportionately the same after so many years?  Lack of coordination with other funding agencies - There is no coordination between Council’s funding decisions and other funding decisions by social service funders such as the Niagara Region. By having an understanding of how and where other organizations are funding services in Niagara Falls, the City could better deploy its funding in order to maximize its benefit. Suggested Approach Though the current process does not stand up to scrutiny and objectivity, it does not mean that the agencies receiving the money are not doing valuable work or the money is not achieving strong benefits for the community. A change in approach also does not mean that the current agencies would not still be receiving significant grants into the future. Based on the prior Council direction from report F-2023-02, staff were asked to develop an approach for Council to consider when looking to fund grants. Staff have broken down the various components for a funding model for Council to consider. There are seven (7) key decisions that would need to be made in order to develop a more fulsome terms of reference that can be brought back to Council for approval, if Council decides to make a substantive change in their social services grant funding approach. 1. Priority Selection – Priority Selection relates to what issues or challenges should be funded by taxpayer funds. For example, affordable housing, food security or mental health support. Recommendation: Council should decide which general areas they are going to allocate resources to. Council can take information in from staff, other funding parties and the Region, however this would be a decision of Council just like other budgetary decisions. 2. Market Approach - Council would need to select how the City will approach the community to distribute these funds. Currently, Council is effectively using a single source approach as there are various providers for these services but we are only choosing one provider in each area. Options to Consider are: a. Open Request for Proposals (RFP) approach – This is similar to the approach the Niagara Region uses as well as other funding agencies such Page 4 of 12 Page 172 of 405 as the Niagara Community Foundation. This would be an open call for social services agencies to submit proposals to be evaluated. This type of approach is the most open and transparent and similar to the Sleep Cheap Charities Reap process. b. Invite approach – This would be where selected agencies would be invited to submit proposals for various priorities. These proposals would be evaluated similar to the RFP approach. While there is still a competitive element, it is not as open and transparent as the RFP approach. c. Single Source approach – This would be a continuation of current practice. This is not a competitive or transparent process. Recommendation – Staff would recommend Option (a), an open RFP approach. Though this requires more work on both the City as the funder and the agencies participating, it is the best way to bring the most effective and innovative solutions to the table. 3. Evaluation Criteria – If Council chooses to undertake an RFP or invite approach, the proposals would have to be evaluated under a scoring criteria. The development of the scoring criteria should be subject to a separate process if Council decides to choose one of those methods. Staff can evaluate how other funders are evaluating similar requests and Council can decide what will be the key criteria and the range of weight to put on each criteria. This allows Council to express through the evaluation what is important to the City. For example, if Council wants to see collaboration between agencies, or leveraging our grants with other funding sources, these type of attributes could be put into the evaluation criteria. 4. RFP and Evaluation Process Management – Again, this is subject to prior choices. Council can decide to undertake the RFP process internally or have a 3rd party agency undertake the process on behalf of the City. a. Internal Process – Staff would undertake the RFP/or Invite process and participate or support the evaluation process. b. 3rd Party Process – Council would refer the terms to a third party such as the Niagara Community Foundation (which has a Niagara Falls fund) or the Niagara Region to undertake the process on behalf of the City. Recommendation – Staff would support an internal process. Though there are benefits of a 3rd party undertaking the process, we can obtain some of those benefits by seeking qualified parties to support the evaluation process. 5. Evaluation Team – This relates to the composition of individuals that evaluate the various proposals. There are a number of options: a. Staff led – This would be a normal practice just like any other procurement the City undertakes. The challenge is staff do not have specific expertise in this area. Page 5 of 12 Page 173 of 405 b. Council led – This would be abnormal to most other processes and people may criticize the process as politicized. Additionally, during the 2023 budget process, residents were asked who they thought should make decision to spend tax dollars for levels of social service funding, and elected officials was the least supported. The three choices provided were Elected Officials (16.9%), Expert Panel (47.3%) or Citizen Panel (35.7%). c. Committee led – Under this approach one could use a mix of residents, experts, staff and Council members to evaluate the proposals. Recommendation: Staff would be supportive of a Committee led approach and if Council would like representation on the Committee, staff would recommend that Council members do not make up the majority of the Committee. The Committee could have a balanced composition of elected officials, residents and sector expertise (such as Niagara Region staff). Council would have final approval authority on the recommendations of the Committee. 6. Funding Cycle – This would relate to how many years the funding commitment to the agencies would be. a. Annual – Annual funding cycles would allow for continual review. However, annual funding does not allow agencies to invest in longer term or complex solutions as there is no stability to the funding. It also creates more work for both agencies and the funder due to the administration which could be spent on driving solutions. b. Multi-year – Multi-year funding allows programs to be developed and progress to be tracked over a longer period of time. Recommendation: Staff would recommend a multi-year approach of between 3 to 5 years. Council can look to have different funding streams that have different intakes. For example, if Council chose four funding streams (poverty reduction, homelessness, mental health, drug addiction) they could set up four separate pools of money and have four separate intakes, poverty reduction in year 1, homelessness in year 2 for example). 7. Transition- The last key component is if Council is to transition to a new method of allocation, how would Council want to undertake this transition. It is important that the existing agencies be given time to adjust to the possibility of a change in funding, while also allowing staff to develop the material to change to a new system. a. Fully Transition after 1 year’s notice. b. Fully Transition after 2 year’s notice. c. Gradual Transition over 3 to 4 years – this would see a gradual reduction annually to the existing agencies and move the funding over to the new allocation process. Page 6 of 12 Page 174 of 405 Recommendation: Staff would note that a final recommendation on the transition would need to be coordinated with the multi-year funding recommendation. Staff would recommend that Council maintain funding at current levels to the agencies for 2024 and 2025 at current levels. Staff can then undertake the approved process steps in 2024 and create a new program prior to 2025. The agencies would have a full year to consider their applications for the new funding process for the 2026 year. Staff would also recommend having a longer transition period for Project Share due to the magnitude of the funding amount. This could be considered as part of a gradual transition. This transition period would also be dependent on whether a priority funding area would be food security or general poverty prevention. Overall, we would recommend a 4-year transition period for Project Share so only a portion of the funding currently allocated to Project Share (say 50%) would be available for the 2026 year. Project Share would be eligible to apply for funding during the transition period. Overall: Staff are recommending the development of an open and transparent process to funding social service agencies. Council would set its funding priorities for a 3 to 5 year period and fund social service agencies a similar length of time. Council would decide on the evaluation criteria and provide that to a committee made up of a cross section of individuals (Council, staff, community, experts). We would target to develop all of the processes prior to 2025 with the first funding year being 2026. Due to the level of funding provided to Project Share we would recommend transitioning the full funding allocation to Project Share over a 4-year period and as such, only a portion of the funding currently allocated to Project Share would be available for 2026. Part 2 – Strategic Plan Alignment The social services grant program is a significant part of the City’s contribution to improving the social fabric of the City. However, it is clear that there are fundamental challenges occurring today in the economy and society requires a refreshed look at all of the activities we are undertaking in this area. As this is a new component of the Strategic Plan, staff will develop a more formal plan with an overview of the various activities that the City is undertaking. Current Overview – “We are not in Kansas Anymore” We are witnessing things that we have not seen in over a century. Things such as large homeless encampments popping up in various cities, though unlike the great depression when unemployment rates were high, we are seeing this even with lower levels of unemployment. Page 7 of 12 Page 175 of 405 The trend-lines are negative and there does not seem to be an approach to get to the other side. A few quick facts:  Project Share has noted a 71% increase in food bank use (11,670 people up from 6,844 people).  Feed Ontario in their 2023 Hunger Report noted monthly food bank use has more than doubled compared to pre-pandemic levels.  “After the recession in 2008, food bank use ran closely in parallel to unemployment rates but over the past few years, these numbers have diverged. Those with jobs have become a growing demographic of food bank visitors….more than one in six…an 82 per cent increase over 2016-2017” (source – Feed Ontario 2023 Hunger Report).  Per the Niagara Region – the Niagara Falls Community Housing Waitlist, as of June 30, 2023 had 5,286 individuals on it. The wait time in years for a senior to obtain a bachelor apartment was 7 years, for a non-senior single, the wait time was 21 years.  Our involvement and costs associated with homelessness and homeless encampments increases each year in Niagara Falls.  Thousands of Immigration, Refugees and Citizenship Canada (IRCC) refugees diverted to our community over the past year have contributed to higher uses of social service resources. Though the IRCC is covering shelter, meal costs, there has been a real impact on the social services resources. There are fundamental economical and structural challenges creating significant pressures. For example:  Wage gains have had difficulty keeping up with major costs. In 2013, the average hourly wage in Ontario was $25.07 and in 2022 the wage was $32.94 a gain of $7.87 or 31%. https://www.ontario.ca/document/ontario-employment- reports/january-march-2023 Average rent in Niagara was $1,199 in 2022 a 45 % increase over 2013 (source CMHC Rental Market Statistics).  Household debt and debt servicing is at highs or near highs. Canadians on average owe $1.82 for every dollar earned in credit market debt and household debt service ratio was 15.22% a peak for Canadians.  Those individuals on Ontario Works (OW) or Ontario Disability Support Program (ODSP) face a structural economic deficit. An individual on OW receives $733 per month an individual on ODSP receives $1,308 per month. This makes it difficult to acquire food and shelter with current costs. Consulting Process The CAO conducted a series of group and individual meetings with social service agencies (both ones that receive funding from the City and other agencies aligned with the state of emergency declaration). Consultations were held with: Page 8 of 12 Page 176 of 405  The Niagara Region  Project Share  YWCA  Pathstone Mental Health  Gateway of Niagara  Community Addiction Services Niagara (CASON)  Canadian Mental Health Association (CMHA)  Feed Ontario  United Way Additionally, the CAO met with Bill Wilkerson (a mental health advocate) and Juha Kahila (a director from Y-Saatio Finland’s largest national non-profit landlord and a key player in Finland’s Housing First strategy which has received global recognition for its effectiveness in reducing homelessness by more than 80% in the Country). The goal of the sessions with the agencies was to see if the agencies could come up with a pilot project to address in a different manner the challenges facing the City’s declared state of emergency. The CAO also offered up the potential for additional cash resources (Council’s previous direction to increase the funding pool by $100,000) as well as other resources (such as work positions). Unfortunately, the agencies did not formulate a pilot project. However, a number of key findings did come out of the session and additional research:  Single parents with dependents are a key demographic. It was noted that if a lone parent with children stays on OW for more than six months, they become very hard to re-integrate into the economy. This situation not only impacts the adult but also the dependents.  Living affordability (or poverty) drives many other issues. Not being able to afford food and accommodations drives other issues such as mental health issues and substance abuse issues. One service provider even stated – “if you can get these folks affordable places to live we don’t need any more money for our services”. What the service provider and others said was the lack of affordable accommodation had such a compounding impact on their clients and their agencies, that if the housing problem was solved they could more easily tackle the other issues.  The experience in Finland was Housing was a key to driving down other social issues and costs. They moved rapidly to convert, build and acquire housing.  Niagara Region has a similar Housing First strategy and believes housing drives the greatest return for the amounts invested. Analysis Staff analysis of the situation was simply that the problems are getting worse and that spending the same amount of money to get worsening results requires at the very least an opportunity to pause and re-think the current system. Page 9 of 12 Page 177 of 405 Building more housing needs to be a key part of any strategy and is a priority for both the Federal and Provincial governments. The City has contributed assets to the Region to assist in the building of housing in Niagara Falls. Staff will also look to partner with a developer on the redevelopment of Park Street and have presented other additive housing options to Council. The housing component of the strategy will be laid out in more detail in subsequent reports. Though housing is key, the construction of housing is expensive and takes a long time to bring to the market. As such, staff wanted to see if there was the potential for a new approach to look to address needs. Staff considered that any new program should meet a few key criteria:  Any solution needed to pass a 3-way test. It needed to be good for the person in need, good for the taxpayer, and good for the agency administrating the program.  Taxpayer resources are limited, so a new pilot project would need to be designed in a way that can be scaled by the private sector. This allows for the private sector to participate in solutions. This could be in the manner of a Social Impact Bond or some other approach to scale the model.  The solution should lead to sustainable gains or, in other words, have a long- lasting effect for the parties involved. Staff have developed an early concept of a program they believe they can launch in Q3 of 2024. Project “Level Up” Based on the discussions with the social service agencies – this project would target single individuals with dependents who have recently been placed on OW. The City of Niagara Falls would create two staff positions to be provided to selected individuals for a period of 12 – 18 months. The individual would undertake normal tasks of the position and be provided with additional supports to stabilize them. Generally, two large barriers to these individuals is day care and transportation. It is hoped that in this period of time the following would happen:  Their income would be increased as an employed City-staff, moving them to a more stable economic base.  They would receive training and job skills that could lead them to other potential job opportunities (or potentially a permanent job with the City).  They would have access to City benefits which may assist the individual or their dependents with medical or other needs.  The stabilizing nature of a full time job will allow them to reset and move forward. Partnerships for this program: The City will partner with Niagara Region. We have received support from CUPE leadership on this program who are an important partner. Page 10 of 12 Page 178 of 405 The City will also need to receive support from other social services agencies to have a successful program. The Three Way Test:  For the Person in Need – the provision of stable employment at a union wage with benefits along with transitional supports, puts the person in need and their family in a good position.  For the taxpayer - This approach addresses the issue of poverty and the hurdles to employment for a harder to serve segment. The upfront cost of this program is mitigated by the fact that the taxpayer will receive benefit from the recipient’s labour. More importantly, we hope that by getting to the person and their children early, the longer term costs associated with poverty will be removed from the taxpayer.  For the City – We believe with the right partners supporting this program, the program will not be an administrative burden to run (there will be challenges that we will need to learn and address during the pilot stage). We also believe that the experience may benefit our staff through additional learnings. Can this program be scaled? We believe this program can be scaled once the learnings on how to remove the obstacles for the individuals to employment and other learnings are obtained. The key will be to make the program easy for other employers to opt into. For example, it may eventually be possible to add 10 or 15 other employers to the table. Additional staff could be added for funded projects such as beautification for certain BIA areas, for example. How will the program lead to sustainable gains? The initial assumption is that with 12 – 18 months of employment and training, the individual can secure a similar level of income with another employer or with the City, therefore this would make the gain sustainable. The funding for this program will come from a special purpose reserve and will not be levied to the taxpayer in 2024 or 2025. Summary Staff believe that this Council has a proud history of leadership in delivering actual resources to social issues. Staff believe that due to a number of challenges, it is time to re-calibrate our existing programs and look at making even more investment in this area. Overall:  Staff continue to support the social services grant, but to make the process more open and transparent. Page 11 of 12 Page 179 of 405  Staff will be bringing forward an additional support to further outline investments into affordable housing in the City.  Project Level Up will look to provide an opportunity for individuals to improve their situations through a supportive employment relationship. We hope that this program could be scaled so that other employers can also participate. Operational Implications and Risk Analysis The revamping of the grant process will add staff time to administer the program. Staff do not believe there is significant risks associated with the Level Up pilot project and due to the nature of the project after 18 months the project can be cancelled. Financial Implications/Budget Impact All of the items have been costed in the current budget. As noted, the pilot project is being funded from a special social services reserve. Strategic/Departmental Alignment This report is aligned with Social Sustainability. Written by: Jason Burgess, CAO Submitted by: Status: Jason Burgess, CAO Approved - 11 Jan 2024 Page 12 of 12 Page 180 of 405 MW-2024-02 Report Report to: Mayor and Council Date: January 16, 2024 Title: Brown Road Watermain Replacement – Contract Award (2023-557-21) Recommendation(s) 1. That Council award Contract 2023-557-21, Brown Road Watermain Replacement, to O’Hara Trucking and Excavating in the amount of $2,951,639.00 + HST. 2. That Council approve a 2024 capital budget amendment for the extension of the scope of this project (Brown Road Watermain Replacement, W66-23) in the amount of $300,000.00, to be funded from the Water Capital Special Purpose Reserve. 3. That the Mayor and Clerk be authorized to execute the necessary agreements. Executive Summary The purpose of this report is to seek Council approval to award Contract 2023-557-21, Brown Road Watermain Replacement, to O’Hara Trucking and Excavating. Council approved $2,827,700.00 in funding for the Brown Road Watermain Replacement project within the 2023 Capital Budget. The approved funding includes:  $51,000.00 for geotechnical consulting services. Geotechnical services for this project total approximately $69,000.00 to-date. Generally speaking, costs for geotechnical services have risen significantly in 2023 as a result of inflationary pressures and the new requirements under O. Reg. 406/19, “On-Site and Excess Soil Management”.  $2,776,700.00 for construction (including contingency amounts). The original project extents were increased to include an additional 290 metres of watermain to the west, as several breaks have occurred along this portion of the main in recent years. The road condition has also deteriorated significantly as a result of the main breaks. An additional $300,000.00 in funding is required to award the project and complete the work. Background The Brown Road watermain has been prioritized for replacement due to its age, its material of construction, and watermain break frequency. A total of $2,827,700.00 in Page 1 of 5 Page 181 of 405 funding was approved in the 2023 Capital Budget to replace the watermain; this included $51,000.00 for geotechnical consulting services, $2,500,000.00 for construction, and $276,000.00 in contingency funding. Design was completed in-house by City staff. The original project extents were expanded to include an additional westerly section of watermain that has experienced several breaks in frequent years. These breaks have compromised both the watermain condition and the road condition. Attachment 1 identifies the project limits. Analysis In November 2023, the City issued a tender (2023-557-21) for the replacement of the watermain replacement along a portion of Brown Road (from the south leg of Garner Road to Montrose Road). The contract was issued for bidding on November 22, 2023 and the bid period closed on December 13, 2023. Construction is projected to begin in March 2024 and is expected to continue for approximately six months before completion of the work in September 2024. The following bids were received: Bidder Unofficial Tender Price (excl. HST) KADA Group Inc. $2,883,491.55 O'Hara Trucking and Excavating $2,951,639.00 Trenchline & Roads $2,989,805.50 Alfred Beam Excavating Limited $3,014,416.60 Cotton Inc. $3,053,387.17 Alfidome Construction Niagara $3,136,504.66 Demar Construction Inc. $3,271,819.55 Provincial Construction (Niagara Falls) Ltd. $3,296,029.50 Peter's Excavating Inc. $3,548,719.50 Centennial Infrastructure (Niagara) Inc. $3,808,525.00 Briduco Enterprises $4,198,500.00 Stonecast Contracting Limited $4,330,307.80 STRABAG Inc. $5,996,003.42 The scope of work at Brown Road includes watermain replacement, water service replacements, trenchless watermain installation at the Warren Creek culvert crossing, and restoration of the roadway and surrounding properties. The original $2,827,700.00 construction budget is adequate to fund the majority of the planned works. However, during the detailed design phase, City staff identified an additional 290 metres of watermain to the west of the original project area that also require replacement. The Page 2 of 5 Page 182 of 405 additional section of pipe is in poor condition: it has already broken seven times, and additional breaks are expected if the pipe is not replaced. The watermain breaks and repairs have also contributed to the deterioration of the road condition along this stretch of Brown Road, and the City is fielding increased complaints about the condition of the roadway. For these reasons, the additional length of pipe replacement was added to the project scope. An additional $300,000.00 is required to award this project and complete the full scope of proposed work. Operational Implications and Risk Analysis The majority of the existing watermain at Brown Road is a 300mm diameter cast-iron pipe. A small portion of the watermain at the westernmost limits of the project area is constructed in 300mm diameter ductile iron, and seven breaks have been recorded along this portion of the watermain. Both the cast-iron and ductile iron portions of the watermain are approaching the end of their service lives, and watermain replacement is necessary to ensure continued provision of service to area residents and businesses. Geotechnical studies have not identified any significant soil contamination within the project area. However, the costs of geotechnical services for City projects have increased by approximately 30% in recent years due to inflationary pressures. This project has already incurred budget overruns for geotechnical studies and testing required to meet new O. Reg. 406/19 requirements that came into force in January 2023, and additional budget overruns are anticipated for materials testing during project construction. Financial Implications/Budget Impact A total of $2,827,700.00 in capital funding has been approved for this project, including $51,000 for geotechnical services and $2,776,700.00 for construction. Expenses to- date total $68,441.87 for geotechnical services, with an additional $915.71 in committed funds. The total cost to complete the project is anticipated as follows: Item Total (Excluding Taxes) Total Incl. Non- Recoverable HST Geotechnical Studies (exceeding design budget) $19,000.00 $19.334.40 Construction $2,951,639.00 $3,003,587.85 Materials Testing $10,000.00 $10,176.00 Total $2,980.639.00 $3,033,098.25 Budget Available $2,758,342.42 Page 3 of 5 Page 183 of 405 Net Required $274,755.83 Net Required - Rounded $300,000.00 The cost of completing this project, including all construction costs, materials testing costs, and the geotechnical fees incurred in excess of the design budget, exceeds the $2,827,700.00 project budget by approximately $300,000.00. Staff recommends that Council approve a 2024 capital budget amendment of $300,000.00 to be funded from the Water Capital Special Purpose Reserve. Strategic/Departmental Alignment The recommendations in this report contribute to the City's strategic goal of providing "strong and resilient infrastructure" by improving the resilience of the wastewater collection system, mitigating the risk of sewage spills, and protecting the safety of drinking water. Contributor(s) James Dowling, Senior Manager of Capital Accounting List of Attachments MW 2023-02 - Attachment 1 Written by: Rachel Whyte, Project Manager Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 04 Jan 2024 Jason Burgess, CAO Approved - 10 Jan 2024 Page 4 of 5 Page 184 of 405 Report MW-2024-02, Attachment 1: Project Limits - Brown Road Watermain Replacement © City of Niagara Falls 12/22/2023 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Print Date:Page 5 of 5Page 185 of 405 PBD-2024-02 Report Report to: Mayor and Council Date: January 16, 2024 Title: Quarter 3 Development and Housing Report and Provincial Reporting Recommendation(s) 1. That Council receive the Quarter 3 Development and Housing Report that reviews the status of current development and housing activity in the City for the third quarter of 2023. 2. That Council direct staff to forward the housing information to the Province as required. Executive Summary As part of the More Homes for Everyone Act, 2022, the Planning Act was amended to give the Minister of Municipal Affairs and Housing the authority to require municipalities and planning boards to report information on planning matters. The purpose of this reporting Plan Action Supply Housing the to progress the measure is towards commitments which includes the City of Niagara Falls Housing Pledge to build 8,000 homes in the next 10 years. The Province has mandated specific data to be reported on a quarterly or annual basis. The information and data collected for the provincial reporting is included in this report for Council’s information. This report informs Council about building and development activity that occurred in the City during the third quarter of 2023. As part of the strategy to manage and plan for the City’s future, the report provides hard data to show how much development and building activity has occurred in the third quarter (June to September) of 2023. Analysis The report provides Council with a quarterly review of building and development activity that occurred in the City of Niagara Falls in the third quarter of 2023 (ending September 30). In addition, it allows for benchmarking of service levels. The report in Appendix 1 will set out the detailed statistics that are required to be submitted to the Provincial Ministry of Municipal Affairs and Housing quarterly. There is also additional data that is to be submitted annually. Page 1 of 21 Page 186 of 405 Residential Development: Building Permits Niagara Falls issued 201 residential building permits in the third quarter of 2023 which is a significant improvement over the 17 residential building permits issued in the second quarter of 2023. Nine (9) single detached building permits, 48 townhouse unit permits, and 144 apartment unit permits were issued in the third quarter of 2023. Of the apartment permits issued, there were 11 additional dwelling units issued in the quarter, for a total of 36 second units applied for in the first nine months of 2023. Despite a strong third quarter performance, overall new residential construction is down in Niagara Falls in 2023 and this trend is reflected in many other Ontario communities. High borrowing costs, a tight skilled labour market and residual supply chain issues have translated into a slowdown in new home construction. With respect to housing affordability, in the third quarter, approximately 95% of the townhouse and apartment units would be considered ‘affordable’ for moderate income households (earning between $64,800 to $103,570 annually and purchasing a new unit priced between $357,284 to $539,460) based on the building construction values recorded on the building permits. Further, some of the single detached dwellings would also be considered ‘affordable’ for households in the higher end of the moderate-income range.(earning between $95,900 to $103,570) It should be noted that there may be a wide discrepancy between the construction values provided to Building staff on building permits by the applicant and the price that the new residential unit is ultimately sold for on the open market. As a result, under reported construction values on building permits makes it difficult to assess whether a new housing unit is truly affordable. Going forward, to ensure that construction values on building permits are more accurate and realistic, Building staff will now use construction values provided by the Ontario Large Municipalities Chief Building Officials (OLMCBO). OLMCBO calculated construction values will now be used for all building permit values, unless the value of construction provided by the applicant is higher than the construction value provided by OLMCBO. There are currently 927 building lots serviced and available for development within the municipality. Similar to the second quarter, no subdivisions were registered in the third quarter of 2023. So far in 2023 only one subdivision, Garner Place (59M-510) has been registered and that has been in the first quarter of 2023. This subdivision added 47 single detached lots, 12 condominium units and 8 on-street townhouse units to the City’s supply of available lots. Residential Development: Starts & Completions In the first nine months of 2023, 346 housing units were started (the beginning of the housing construction cycle) and 350 housing units were completed (the end of the construction cycle) in Niagara Falls. Of the 346 housing starts, there 45 single detached, 6 semis, 162 townhouse and 133 apartment units started. Of the 350 housing Page 2 of 21 Page 187 of 405 units completed in the first nine months of 2023, there were 114 single detached, 24 semis and 212 townhouse units completed. Non-Residential Development: Industrial, Commercial & Institutional The value of new Industrial, Commercial, and Institutional (ICI) construction in the third quarter of 2023 was $3.6 million as opposed to $5.5 million recorded in the second quarter of 2023. Though new ICI construction was not strong in the third quarter of 2023, the quarter did see $17.7 million in total ICI construction activity as opposed to $8.8 million in the second quarter as many existing businesses were undergoing renovations. Land Supply With a supply of 1,701 draft approved and 927 registered units the City has a 4.6 year supply (as of July 1, 2023) of readily developable land which exceeds the 3 year minimum provincial requirement. At the present time, the City has approximately 14,768 residential units located on 80 different sites across the City that have received Planning approvals and are waiting to be built. Quarter 3 Planning Applications During the third quarter of 2023, Planning and Development staff have processed the following numbers and types of applications:  12 Zoning By-law Amendment applications (includes 3 Official Plan amendments)  0 Subdivisions  14 Minor Variance applications  2 Consent applications  6 Site Plan applications  37 Pre-consultation meetings. In the third quarter, 71 planning applications were processed as opposed to the 75 planning applications processed in each of the first and second quarters. As of the end of September 2023, Planning staff have processed a total of 221 planning applications. Site Plans The Province on August 21st announced the new Building Faster Fund, a new three- year $1.2 billion program to help municipalities meet or exceed the housing targets they have pledged to achieve by 2031. With a target of 8,000 new residential units constructed by 2031, Niagara Falls’ potential share of the $400 million annual allocation will be based on the City’s target share of the overall goal of 1.5 million new homes in Ontario by 2031 and whether the city’s annual housing performance is on track to meet its 2031 target. Page 3 of 21 Page 188 of 405 With respect to shovel readiness, as reported in the second quarter, there are 5 site plans containing 346 residential units that are approved and registered and ready to move to the building permit stage. Quarter 3 Building and By-law Services Statistics During the third quarter of 2023, Building and By-law Services enforcement staff responded to the following numbers of complaints.  871 By-law complaints and issued 549 Orders  107 Property Standards complaints and 62 Orders issued  30 Building Code orders issued  16 Rodent Rebates paid out  1,301 Calls/Counter inquiries through the Clerk’s office  19 Compliance letters issued  11 FOI requests Financial Implications/Budget Impact This report has no direct financial implications for the City, however, metrics contained in this report help inform the City’s financial and growth strategies. Strategic/Departmental Alignment The development of a quarterly Housing Report is consistent with the City’s Strategic priorities of Diverse and Affordable Housing. List of Attachments Q3 2023 Development and Housing Report Attachment Written by: Brian Dick, Manager of Policy Planning Submitted by: Status: Andrew Bryce, Director of Planning Approved - 09 Jan 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 09 Jan 2024 Jason Burgess, CAO Approved - 10 Jan 2024 Page 4 of 21 Page 189 of 405 Page 5 of 21 Page 190 of 405 Table of Contents SECTION 1 – POPULATION SECTION 2 – Q2-2023 BUILDING PERMIT ACTIVITY New Residential Construction Q1 – 2023 Residential Starts and Completions Current Registered Plans of Subdivision Draft Approved Subdivisions Q1 & Q2-2023 Industrial, Commercial and Institutional Permit Activity Q2-2023 Summary of All Permit Volumes and Estimated Value SECTION 3 REAL ESTATE AND RENTAL MARKET Residential Real Estate Market Vacancy Rates and Rental Costs SECTION 4 Q1 & Q2-2023 BUILDING STATISTICS Page 6 of 21 Page 191 of 405 SECTION 1 – POPULATION Figure 1 Population projections Source: Statistics Canada The 2021 Census recorded a population of 94,415 people in the City of Niagara Falls which is a 7.2% increase from the 2016 population of 88,071 (or 6,344 people) (Figure 1). Statistics Canada projected a population estimate for the City of Niagara Falls as of July 1, 2022 to be 99,0071 people. 1 Source: Stats Canada Population Estimate for Niagara Falls as of July 1, 2022 Table 17- 10-0142-01, Population estimates July 1, by Census subdivision, 2016 boundaries. Page 7 of 21 Page 192 of 405 Figure 2 Source: Niagara Region Population Projections 2041 (2051 Age-composition not yet available) Niagara Region, through its new Official Plan provided the City of Niagara Falls with a population target of 141,650 people by the year 2051. While Niagara Falls is projected to be considerably larger in 2051, the City’s age composition will be greatly different. Figure 2 illustrates that the largest increase in the population will be in the age category 65-100 years. Such a large growth in the senior population will put increased pressure on the City’s services, programs and facilities. Further, the aging population will also have impacts on transportation, housing mix and community design going forward. SECTION 2 – Q3-2023 BUILDING PERMIT ACTIVITY New Residential Construction Singles Semis Townhouses Apartments # of Units July 2 0 18 0 20 August 7 0 18 133 158 September 0 0 12 0 12 Second Units (July 1 to September 30) 11 11 Q3 TOTAL 201 Page 8 of 21 Page 193 of 405 Figure 3 Source: City of Niagara Falls Planning Division Residential building permit activity significantly improved in the third quarter of 2023 as the City issued 201 residential building permits as opposed to the 17 permits in the second quarter. The 201 permits issued had a total value of almost $74,000,000. The 201 new residential units created were comprised of 9 single detached, 48 townhouse and 144 apartment units. Approximately 84% of the permits issued were for apartment units. Further, 11 of the apartment units that building permits were issued for were for secondary units. With respect to housing affordability, in the third quarter, approximately 95% of the townhouse and apartment units would be considered ‘affordable’ for moderate income households (earning between $64,800 to $103,572 annually and purchasing a housing unit priced from $357,284 to $539,460) based on the building construction values recorded on the permits. Further, some of the single detached dwellings would also be considered ‘affordable’ for households in the higher end of the moderate-income range. ($95,900 to $103,570 annually) It should be noted that there may be a wide discrepancy between the construction values provided to Building staff on building permits by the applicant and the price that the new residential unit is ultimately sold for on the open market. As a result, under reported construction values on building permits makes it difficult to assess whether a new housing unit is truly affordable. Going forward, to ensure that construction values on building permits are more accurate and realistic, Building staff will now use construction values provided by the Ontario Large Municipalities Chief Building Officials (OLMCBO). OLMCBO calculated construction values will now be used for building Page 9 of 21 Page 194 of 405 permit values, unless the value of construction provided by the applicant on the permit is higher than the construction value provided by OLMCBO. January 1 to September 30 – 2023 Residential Starts and Completions Housing starts are the beginning of the housing construction cycle and completions are the end of the construction cycle. It should be noted that there is not a direct co-relation between housing starts and the number of units created through issued building permits. For example, there may be a time lag (up to six months) between the issuance of a building permit by the City and when a residential unit is actually started for construction. CMHC reports that from the time period, January 1 to September 30 ,346 residential units were started in the city. More specifically, 45 single detached, 6 semi, 162 townhouse and 133 apartment units. With respect to residential completions, 350 residential units were completed in Niagara Falls in the same time period and these completions include 114 single detached, 24 semis and 212 townhouse units. Current Registered Plans of Subdivision There were no new plans of subdivision registered during the third quarter of 2023. Garner Place (59M-510) added 67 residential units made up of 47 single detached units and 20 multiple residential units was registered in Quarter 1. The following table shows the vacant lots in Plans of Subdivision as of June 30, 2023. Page 10 of 21 Page 195 of 405 Figure 4 Source: City of Niagara Falls Planning Division Page 11 of 21 Page 196 of 405 Draft Approved Subdivisions With the combined vacant lots in Registered Plans of Subdivision and the Draft Plans of subdivision, the City has 2,628 lots which when divided by the City’s 10 year average housing demand (574 units) means the City has a 4.6 year supply of draft and registered approved units. Draft Approved Condominiums and Site Plan Approvals Other lands that have planning approvals include 638 condominium units approved to be built in the City and also another 346 units approved under the Site Plan process. These 984 units are approved and waiting to be built. Q3-2023 Industrial, Commercial and Institutional (ICI) Permit Activity This section provides a brief summary for the third quarter of 2023 with respect to industrial, commercial and institutional building activity. Industrial Activity Q3 There was one industrial permit issued for new construction during the third quarter of 2023 for $3.6 Million. Renovations and alterations of existing industrial buildings totaling $3.32 Million accounted for the remainder of the third quarter industrial building permit activity. In total, the third quarter saw $6.92 Million of total industrial building permit activity as opposed to $5.25 Million of activity recorded in the second quarter. Commercial Activity Q3 Page 12 of 21 Page 197 of 405 There were no commercial building permits issued for new construction however, there were 20 permits issued for renovation/alterations and one (1) permit issued for an addition to an existing commercial building. The total value of commercial permits was $6.79 Million up from the Q2 of 2022 value of $3.51 Million. Page 13 of 21 Page 198 of 405 Institutional Activity Q3 There were no new institutional building permits issued in the third quarter however, 12 renovation/alteration permits were issued in this quarter with a total value of $4.02 Million which is considerably higher than the $90,000 permit value recorded in the second quarter of 2023. Notable of the permits was a $1.5 Million permit issued for the renovation work needed to accommodate the new University of Niagara Falls campus in the Hatch building. Page 14 of 21 Page 199 of 405 Figure 6 Source: City of Niagara Falls Building Department, 2023 Page 15 of 21 Page 200 of 405 Figure 7 Source: City of Niagara Falls Building Department, 2023 Page 16 of 21 Page 201 of 405 Figure 8 Source: City of Niagara Falls Building Department, 2023 Page 17 of 21 Page 202 of 405 Q3-2023 Summary of All Permits and Estimated Value The following chart provides the sum totals of each permit category covering the period of July 1, 2023 to September 30, 2023. The table breaks down the entire quarter’s permits into various categories to assist in quick dissemination of volumes and values of building permit activity. For reference, Q2 saw a total of 137 permits with a total value of $36,751,709. It is important to note that the chart does not include the 11 second unit building permits that were issued during the third quarter. Figure 9 Source: City of Niagara Falls Planning and Building division, 2023. Page 18 of 21 Page 203 of 405 SECTION 3 REAL ESTATE AND RENTAL MARKET Residential Real Estate Market The real estate market in Niagara Falls has shown a decrease in housing prices during the third quarter of 2023. The average price for a resale home has decreased to $648,800 at the end of September from $662,200 at the end of July. The Niagara Association of Realtors is reporting that they are seeing a dip in sales but an increase in new listings as the market transitions into a buyers’ market.. Figure 10 Source: Niagara Association of Realtors Monthly Stats, 2023 Page 19 of 21 Page 204 of 405 Vacancy Rates and Rental Costs The Canadian Mortgage and Housing Vacancy Rates and Rental costs for 2023 have yet to be reported, so the below graph has not been updated. The vacancy rate reported at 2022-year end was 2.8% and the average rent for a two bedroom apartment was $1,197 per month in Niagara Falls. Figure 11 Source: CMHC Rental Market Survey 2022 SECTION 4 Q1, Q2 and Q3-2023 BUILDING STATISTICS MUNICIPAL ENFORCEMENT COMPLAINTS RECEIVED STATISTICS BY-LAW Q1 Q2 Q3 Condition of Yards 104 514 437 Downspouts 8 18 20 Encumbrance 10 28 23 Fence/Hedge 11 37 14 Page 20 of 21 Page 205 of 405 Licenses 5 3 9 Noise 19 40 30 Other 5 16 8 Signs 3 2 2 Zoning 48 151 209 TOTAL 213 799 764 Orders issued 130 N/A 457 PROPERTY STANDARDS Water supply/drainage 16 11 6 Occupancy standards 13 11 18 Other 16 16 27 Tree Issues 3 10 13 Structural/Exterior 14 15 15 Lack of Heat 10 2 1 Zoning/Out buildings 2 6 2 Miscellaneous complaints 9 24 25 TOTAL 83 95 107 Orders issued 45 17 62 BUILDING CODE Building w/out permit n/a (Q1)n/a(Q2)n/a(Q3) Orders issued 28 3 30 RODENT REBATE PROGRAM Forms given out 27 16 n/a Paid out 16 17 27 CLERKS Calls/Counter 625 1,270 1,270 Compliance Letters 28 29 19 FOI requests 10 8 11 Muzzle order appeals 1 0 1 TOTAL 664 1,307 1,301 Figure 12 Source: City of Niagara Falls By-law Services, 2023 Page 21 of 21 Page 206 of 405 F-2024-05 Report Report to: Mayor and Council Date: January 16, 2024 Title: 2024 Interim Tax Levy Recommendation(s) That Council approve the 2024 Interim Tax Levy calculation and by-law providing for the 2024 Interim Tax Levy. Executive Summary The Corporation of the City of Niagara Falls requires a 2024 interim tax levy so as to provide the City with operating cash flow and to meet its statutory obligations for collecting taxes on behalf of the Region of Niagara and the local school boards. The statutory requirement of the City is to provide quarterly payments to both the Region of Niagara and the local school boards. The interim levy is calculated so that property owners will be billed amounts not exceeding one half of the previous year’s annual taxes. The installment dates for the Interim Levy are February 29, 2024 and April 30, 2024. Background The Municipal Act, 2001 provides the City of Niagara Falls with the authority to issue an interim tax levy. Traditionally the interim levy has been made in February with two installment dates. The City of Niagara Falls requires a 2024 interim tax levy so as to provide the City with operating cash flow and to meet its statutory obligations for collecting taxes on behalf of the Region of Niagara and the local school boards. The statutory requirement of the City is to provide quarterly payments to both the Region of Niagara and the local school boards. Analysis The authority to collect this interim tax levy is prescribed in section 317 of The Municipal Act, 2001. The interim levy is subject to the following rules: 1. The amount levied on a property shall not exceed the prescribed percentage, or 50 percent if no percentage is prescribed, of the total amount of taxes for municipal and school purposes levied on the property for the previous year. 2. The percentage used in the levy may be different for different classes but must be the same for all properties in a property class. Page 1 of 2 Page 207 of 405 3. Allows the municipality to use an entire years taxes for a property in the calculation of the interim tax levy in the situation that a full year was not charged in the previous year. Staff has developed the interim tax levy based on these rules and has determined that the amount due for the interim levy for each property will not exceed 50% of the annualized assessment used in determining the 2023 tax levy. The due dates for this interim tax levy are in accordance with The Municipal Act, 2001. The interim bill will be due on two dates. As per the regulations outlined in The Municipal Act, 2001, property owners must be provided 21 days notice before payment. The due dates are consistent with the regulation and will be February 29, 2024 and April 30, 2024. In 2024, these dates were February 28, 2023 and April 28, 2023. An interim levying by-law is required to establish the amount of the interim levy. This has been prepared and appears on this evening’s Council Agenda for passage. Financial Implications/Budget Impact The internal need for cash flow and the external statutory obligation necessitate the interim tax levy. Failure to provide an interim tax levy could lead to increased short term borrowing by the Corporation and could result in unplanned interest expenses. An interim tax levy is required to ensure the provision of the required funds to minimize borrowing costs. Written by: Amber Ferguson, Manager of Revenue Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 09 Jan 2024 Shelley Darlington, General Manger of Corporate Services Approved - 10 Jan 2024 Jason Burgess, CAO Approved - 10 Jan 2024 Page 2 of 2 Page 208 of 405 MW-2024-01 Report Report to: Mayor and Council Date: January 3, 2024 Title: Summary of 2024 Traffic & Parking By-law Amendments Recommendation(s) For the information of City Council. Executive Summary This report is a summary of the traffic and parking by-law amendments undertaken in 2023. Background At its July 12, 2022, meeting, City Council delegated the authority to approve the implementation, modification, and/or removal of the parking and traffic regulations contained within By-Law 89-2000 to the General Manager of Municipal Works, directed Staff to prepare the necessary amendments to By-Law 89-2000 for Council’s final approval; and, that Staff be directed to prepare an annual report documenting all of the amendments to By-Law 89-2000 from the previous year. Analysis A list of changes that required an amendment to the City’s Parking and Traffic By-law 89-2000 that took place in 2023 is provided in the Appendix. Financial Implications/Budget Impact Operational and material costs for the installation, modification and removal of traffic control and parking related signage is included within Municipal Works - Transportation Services annual operating budget. Strategic/Departmental Alignment Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist, and pedestrian safety. List of Attachments MW-2024-01 2023_Appendix Written by: Mathew Bilodeau, Manager of Transportation Engineering Page 1 of 6 Page 209 of 405 Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 10 Jan 2024 Jason Burgess, CAO Approved - 10 Jan 2024 Page 2 of 6 Page 210 of 405 MW-2024-01 Appendix 2023 Traffic & Parking By-law 89-2000 Amendments 1. Location: Centre Street, between Victoria Avenue and Ellen Avenue Change: Revise the No Parking zone on the north side of Centre Street between a point 22 metres west of Victoria Avenue to a point 62 metres west of Victoria in effect from April 1st to September 30th, to a No Stopping, Tow Away Zone in effect at all times. Reason: Housekeeping matter (revised from No Parking to No Stopping) By-law: January 17, 2023 2. Location: Woodbine Street, between Montrose Road and Lee Avenue Change: Prohibit parking on the north side, and establish a corner restriction at Montrose Road on the south side Reason: Improve sight lines and driver thoroughfare through the reverse curve By-law: January 17, 2023 3. Location: Subdivision with Alex Avenue and Crimson Drive Change: Replace the yield sign to a stop sign at 9 intersections Reason: Stop signs warranted due to insufficient sight lines for yield control By-law: January 17, 2023 4. Location: Pettit Avenue, south of Doreen Drive Change: Prohibit parking within the turning basin, at end of the road Reason: A parked car could impede a larger vehicle (garbage truck, school bus, etc.) navigating the turning basin, given the presence of the centre median By-law: January 17, 2023 5. Location: Jubilee Drive, north of Valiant Crescent Change: Establish a 22-metre corner parking restriction Reason: Improve sight lines and provide extra space for turning drivers By-law: January 17, 2023 6. Location: Murray Street, between Finlay Avenue and eastern terminus Change: Revise parking and stopping controls to new street layout Reason: Closure of Murray Street by Main Street necessitated signing changes By-law: January 17, 2023 Page 3 of 6 Page 211 of 405 7. Location: Centre Street, between McDonald Avenue and Lorne Street Change: Prohibit parking on the east side, between a point 33 metres southeast of Lorne Street and a point 39 metres southeast of Lorne Street Reason: Drivers routinely parking next to a hydrant, that is setback a considerable distance from the road. By-law: February 7, 2023 8. Location: Queen Street, between Crysler Avenue and St. Lawrence Avenue, and on Crysler Avenue, between Queen Street and Huron Street Change: Add on-street loading zones on Crysler Avenue and 15-minute parking spaces on Queen Street Reason: Assist nearby businesses with loading, and short term pick ups By-law: February 28, 2023 9. Location: Fallsview Boulevard, between Dixon Street and Murray Street Change: Add metered parking on the east side next to the casino garage, and relocate the existing loading zone Reason: Provide on-street parking in the curb lane next to the businesses By-law: February 28, 2023 10. Location: Simcoe Street at Buckley Avenue Change: Establish a pedestrian crossover at the intersection, and add/modify the stopping prohibitions along Simcoe Street Reason: Provide a protected pedestrian crossing at the intersection, expand the school bus loading zone and modify the no stopping zones By-law: February 28, 2023 11. Location: Pitton Road at Catalina Street Change: Establish a No Stopping zone in place of the existing No Parking zone around the bend where Pitton Road and Catalina Street meet. Reason: Provide pedestrian clear sight lines to cross the street to/from the school. By-law: March 21, 2023 12. Location: Angie Drive at Garner Road, Curlin Crescent (West) and Curlin Crescent (East) Change: Install a stop sign at each intersection Reason: Traffic control for new subdivision roads/intersections By-law: April 18, 2023 13. Location: Fallsview Boulevard between Dixon Street and the Casino signal Change: Add metered parking spaces on the east side of Fallsview Boulevard next to the retail shops, and adjust the location of the loading zone and other parking control signs Reason: Provide short term parking on Fallsview Boulevard to support the street level retail shops By-law: May 9, 2023 14. Location: Glenview Avenue between Ferguson Street and River Road Change: Remove the No Parking, Except by Permit zone Reason: Request by lone resident of Glenview Avenue By-law: August 15, 2023 Page 4 of 6 Page 212 of 405 15. Location: Desson Avenue at Forsythe Street Change: Implement an All-Way Stop Reason: Warrants for an all-way stop are fulfilled By-law: August 15, 2023 16. Location: Rolling Acres Drive at Cambridge Street Change: Establish a No Stopping zone within 15 metres of the intersection Reason: Keep parents waiting for their children away from the intersection, where children cross at the all-way stop By-law: August 15, 2023 17. Location: Prospect Street Change: Establish a No Parking, Except by Permit zone between a point 12 metres west of Portage Road to a point 140 metres west of Portage Road Reason: Restriction will allow residents to park on the road, and prevent employees/visitors of the hospital from occupying the street parking for free By-law: August 15, 2023 18. Location: Stamford Green Drive Change: Remove the No Stopping, 8:00 a.m. to 4:30 p.m., Monday to Friday zone on both sides of Stamford Green Drive between a point 165 metres east of Dorchester Road and a point 220 metres east of Dorchester Road Reason: Walkway to school is no longer present and therefore the road is no longer used by parents By-law: August 15, 2023 19. Location: Fallsview Boulevard, between Ferry Street and Murray Street Change: Modify parking controls to new road reconstruction Reason: Adjust meter parking and stopping regulations to match new road layout. By-law: August 15, 2023 20. Location: Hanan Avenue, between North Street and Summer Street Change: Establish corner parking restrictions on each side of Hanan Avenue, south of Summer Street Reason: Drivers parking too close to the intersection By-law: October 24, 2023 21. Location: First Avenue, between Bridge Street and Maple Street Change: Establish a heavy vehicle restriction, including no buses Reason: Prevent buses from using First Avenue By-law: November 14, 2023 22. Location: Zimmerman Avenue, between Bridge Street and Park Street Change: Remove the 2 Hour Time Limit Reason: Allow longer term parking in an under-utilized area By-law: November 14, 2023 23. Location: Dorchester Road, between Mountain Road and North Limit Change: Reduce speed limit from 60 km/h to 50 km/h Page 5 of 6 Page 213 of 405 Reason: Warranted based on Transportation Association of Canada Speed Limit Guidelines By-law: November 14, 2023 24. Location: Second Avenue, between Stamford Street and McRae Street Change: Extend a parking prohibition around a bend in the road Reason: Improve sight lines at the bend, and housekeeping amendments to the by-law By-law: December 12, 2023 25. Location: Carlton Avenue, between Ash Street and Northern Terminus Change: Establish a No Stopping Zone during school bell times Reason: Not allow parents to park on the dead-end street By-law: December 12, 2023 26. Location: Portage Road and Drummond Road, north of Morrison Street Change: Establish Community Safety Zones Reason: To be placed approaching and in front of two French Immersion schools By-law: December 12, 2023 27. Location: Hawkins Street at Paisely Avenue, Parklawn Avenue and Whitman Avenue Change: Replace the yield sign to a stop sign at each location Reason: Stop signs warranted due to insufficient sight lines for yield control By-law: December 12, 2023 28. Location: Lewis Avenue, between Centre Street and Kitchener Street Change: Establish a permit parking zone on the northwest side, and replace the 15-minute parking zone next to the former delicatessen to a permit parking zone Reason: Allow permit holders for the Firehall Theatre to park on the northwest side of Lewis Avenue during performances By-law: December 12, 2023 29. Location: Armoury Street, between Victoria Avenue and Second Avenue Change: Remove the 2-hour parking limit on the north side Reason: No longer required as metered parking has been removed from Victoria Avenue By-law: December 12, 2023 Page 6 of 6 Page 214 of 405 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Proclamation Request From: Mark Jennings Sent: Friday, December 8, 2023 4:30 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Proclamation Request Mayor Jim Diodati The City of Niagara Falls 4310 Queen Street, P.O. 1023 Niagara Falls, Ontario Canada L2E 6X5 Proclamation Request April is Parkinson's Awareness Month, and April 11, 2024, is World Parkinson's Day. We celebrate this day every year to raise awareness about Parkinson's Disease, a degenerative neurological disease that currently has no cure. Parkinson's Disease is much more than tremors. It is a progressive and debilitating disease profoundly affecting all aspects of life for both those living with it and those who support it. Over 100,000 Canadians currently live with Parkinson's Disease, and over 25 Canadians are diagnosed each day. The number of those living with Parkinson's Disease is expected to double by 2040. It is, globally, the fastest-growing neurological disorder. My friend was diagnosed with Parkinson's Disease in 2011 and daily experiences its debilitating effects. While medication can temporarily alleviate symptoms, nothing stops its progression. Unfortunately, there has been little available for those living with Parkinson's Disease, and I founded Passion for Parkinson's Foundation, a charitable organization that sources, implements and funds free arts and exercise programs for those living with Parkinson's. More awareness of this Disease can lead to more research for better treatment, programs and, hopefully, a cure. Since 1997, communities across Canada have come together each April 11 to recognize and promote awareness of Parkinson's Disease by lighting up local landmarks in BLUE in honour of World Parkinson's Day. We request the Mayor join us in this recognition by lighting up the City Hall in BLUE on April 11, 2024. Your participation in this event will help us to light up Canada in BLUE and spread the word about this genuinely devasting Disease. Our website, www.passionforparkinsons.org, provides further information about the lighting up of Canada through its civic sites on World Parkinson's Day, and I invite you to visit to learn more about this event. In addition, the event will be promoted through our social media platforms, including Instagram, Facebook and "X" (formerly known as Twitter). Other similar organizations across Canada will also be promoting the event. We will take pictures of all sites lit in blue and post them on our social media sites. We hope you will help and support us in increasing awareness of this Disease and its effects on those in your community who live with it. Page 215 of 405 2 Thank you for taking the time to read this and for your support. I look forward to hearing from you. Mark Jennings Director, Board of Directors Passion for Parkinson's Foundation 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 216 of 405 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-Greenbelt Statute Law Amendment Act, 2023 receives Royal Assent - City of Niagara Falls From: Bill Matson <billmatson@niagarafalls.ca> Sent: Thursday, December 21, 2023 8:42 AM To: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: FW: [EXTERNAL]-Greenbelt Statute Law Amendment Act, 2023 receives Royal Assent - City of Niagara Falls For Communications please. REC: For the Information of Council From: Sean.Fraser@ontario.ca <Sean.Fraser@ontario.ca> Sent: Wednesday, December 20, 2023 4:53 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Greenbelt Statute Law Amendment Act, 2023 receives Royal Assent - City of Niagara Falls Ministry of Municipal Affairs and Housing Planning and Growth Division 777 Bay Street, 12th Floor Toronto ON M7A 2J3 Tel.: 416 325-5799 Ministère des Affaires municipales et du Logement Division de l'aménagement et de la croissance 777, rue Bay, 12e étage Toronto ON M7A 2J3 Tél. : 416 325-5799 December 20, 2023 Dear Municipal Clerks/CAOs, and Conservation Authority Administrators: Subject: Greenbelt Statute Law Amendment Act, 2023 receives Royal Assent - Legislation Returns Lands to the Greenbelt and Oak Ridges Moraine The Ontario government is following through on its commitment to fully restore the 15 parcels of land that were redesignated removed from the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan areas in late 2022. On October 16, 2023, the government introduced legislation, Bill 136, the Greenbelt Statute Law Amendment Act, 2023 restore these lands. I am writing to inform you that on December 5, 2023, Bill 136 was passed by the Legislature and the Greenbelt Statute Law Amendment Act, 2023 received Royal Assent on December 6. The government has carefully reviewed the feedback received from the consultation on the proposed legislation through the Environmental Registry of Ontario (ERO #019-7739) and by email. The ERO posting was open for comme nt for 45 days from October 16 to November 30, 2023. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Page 217 of 405 2 This legislation came into force upon Royal Assent on December 6, 2023, and immediately:  Adds 15 sites back to the Greenbelt that were removed/redesignated in December 2022 and incorporate the descript of the Greenbelt Area and Oak Ridges Moraine Area boundaries directly into the legislation;  Eliminates the authority to add or remove lands to/from the Greenbelt Area and Oak Ridges Moraine Area by regulation so that any future amendments to these Areas would require legislative change to the Greenbelt Act, 2005 Ridges Moraine Conservation Act, 2001;  Revokes the existing Greenbelt Area boundary regulation (Ontario Regulation 59/05) and the existing regulation that designates the Oak Ridges Moraine Area (Ontario Regulation 1/02);  Undoes the redesignation of lands to Settlement Area in the Oak Ridges Moraine Conservation Plan;  Provides for a concurrent amendment to the Greenbelt Plan's land use schedules to restore the same protections to lands that they had before the 2022 amendment;  Continues to provide that no Plan amendments can be made that would reduce the total area in the Greenbelt Plan;  Restores the same protections for easements and covenants on the lands in the Duffins Rouge Agricultural Preserve that they had before the 2022 amendment; and  Strengthens immunity provisions. The Greenbelt Statute Law Amendment Act, 2023 will provide enhanced protections to the Greenbelt moving forward by ensuring any future changes to the boundaries of these areas can only be made through an open, public, and transparent process that would require approval from the legislature. The Greenbelt Statute Law Amendment Act, 2023 keeps the 9,400 acres (3,800 hectares) in the Greenbelt that were added in 2022. These include lands in the Paris Galt Moraine and in Urban River Valley areas across the G reater Toronto Area. By reinstating the protections provided for the Duffins Rouge Agricultural Preserve easements and covenants, the Ontario government recognizes the importance of this agricultural land and ensuring its sustainable use for present and generations. The government appreciates the valuable input and diverse perspectives provided during the consultative process on this proposal. The Greenbelt Statute Law Amendment Act, 2023 incorporates the description of the restored Greenbelt Are a boundary directly into the Greenbelt Act, 2005 and the description of the Oak Ridges Moraine Area directly into the Oak Ridges Moraine Conservation Act, 2001, the latest versions of which can be found at:  Greenbelt Act, 2005, S.O. 2005, c. 1  Oak Ridges Moraine Conservation Act, 2001 , S.O. 2001, c. 31 A copy of Bill 136, Greenbelt Statute Law Amendment Act, 2023 can be found on the Legislative Assembly of Ontario website at:  Bill 136, the Greenbelt Statute Law Amendment Act, 2023 More information on the decision and legislative proposal to amend the Greenbelt Act, 2005, Oak Ridges Moraine Conservation Act, 2001 and other related legislation can be found on the Environmental Registry of Ontario (ERO) at:   ERO #019-7739 - Proposal to return lands to the Greenbelt - Greenbelt Statute Law Amendment Act, 2023  ERO #019-7735 - New Act regarding the Duffins Rouge Agricultural Preserve easements and covenants Page 218 of 405 3 Information and mapping on the 2022 decision to amend the Greenbelt Plan and Oak Ridges Moraine Conservation Plan can be found here:   ERO #019-6216 - Amendments to the Greenbelt Plan  ERO #019-6218 Proposed redesignation of land under the Oak Ridges Moraine Conservation Plan O. Reg. 140/02 Sincerely, Sean Fraser, Assistant Deputy Minister Planning and Growth Division Ministry of Municipal Affairs and Housing Cell: 647 282-1171 c. Martha Greenberg, Deputy Minister, Municipal Affairs and Housing Le 20 décembre 2023 Objet : Sanction royale de la Loi de 2023 modifiant des lois en ce qui concerne la ceinture de v erdure et réintégration de terres dans la ceinture de verdure et la moraine d'Oak Ridges Aux secrétaires et directeurs administratifs des municipalités et aux administrateurs des offices de protection de la nature, Le gouvernement de l’Ontario tient son engagement de rétablir la totalité des 15  parcelles dont la désignation a été modifiée ou qui ont été retirées des zones du Plan de la ceinture de verdure et du Plan de conservation de la moraine d’Oak Ridges à la f de 2022. Le 16 octobre 2023, le gouvernement a déposé le projet de loi 136, intitulé Loi de 2023 modifiant des lois en ce qui concerne la ceinture de verdure, afin de réintégrer ces terres. Je vous écris pour vous informer que l’Assemblée législative a adopté le projet de loi 136 le 5 décembre 2023 et que la Loi de 2023 modifiant des lois en ce qui concerne la ceinture de verdure sanction royale le 6 décembre. Le gouvernement a examiné soigneusement les commentaires reçus dans le cadre de la consultation sur le projet de loi menée au moyen de la demande de commentaires affichée au Registre environnemental de l’Ontario (REO, no 019 - courriel. La demande du REO a été affichée pendant 45 jours, soit du 16 octobre au 30 novembre 2023. La loi est entrée en vigueur le jour de la sanction royale, soit le 6  décembre 2023. Ses effets immédiats comprennent :  Réintégration dans la ceinture de verdure de 15 sites qui ont été retirés ou dont la désignation a été modifiée en décembre 2022, et inclusion de la description de la zone de la ce inture de verdure et du territoire de la moraine d’Oak Ridges directement dans la législation.  Élimination du pouvoir d’ajouter des terres à la zone de la ceinture de verdure et au territoire de la moraine d’Oak Ridges ou d’en retirer par règlement pour que toute modification future de ces zones exige une modification de la Loi de 2005 sur la ceinture de verdure ou de la Loi de 2001 sur la conservation de la moraine d’Oak Ridges.  Révocation de l’actuel règlement sur les limites de la zone de la ceinture de verdure (Règlement de l’Ontario 59/05) et de l’actuel règlement qui désigne le territoire de la moraine d’Oak Ridges (Règlement de l’Ontario 1/02).  Annulation de la nouvelle désignation de terres comme zone de peuplement dans le Plan de conservation de la moraine d’Oak Ridges. Page 219 of 405 4  Modification corrélative des schémas d’aménagement du Plan de la ceinture de verdure pour rétablir les mesures de protection des terres qui étaient en vigueur avant la modification de 2022.  Maintien de l’interdiction de modifier le Plan de la ceinture de verdure d’une manière qui réduirait sa superficie totale.  Rétablissement des mesures de protection des servitudes et des engage ments visant les terres de la réserve agricole de Duffins-Rouge qui étaient en vigueur avant la modification de 2022.  Renforcement des dispositions relatives à l’immunité. La Loi de 2023 modifiant des lois en ce qui concerne la ceinture de verdure protègera davantage la ceinture de verdure à l’avenir en garantissant que toute modification des limites de ces zones ne puisse être adoptée que dans le cadre d’un processus ouvert, public et transparent qui nécessiterait l’approbation de l’Assemblée législative. La Loi de 2023 modifiant des lois en ce qui concerne la ceinture de verdure maintient dans la ceinture de verdure les 9 400 acres (3 800 hectares) qui ont été ajoutés en 2022. Ce sont notamment des terres des zones de la moraine de Paris Galt et des vallées fluviales urbaines de la région du grand Toronto. En rétablissant les mesures de protection des servitudes et des engagements visant la réserve agricole de Duffins gouvernement de l’Ontario reconnait l’importance de cette zone agricole et de la durabilité de son utilisation pour les générations actuelles et futures. Le gouvernement apprécie les commentaires précieux et points de vue diversifiés communiqués au cours du processus de consultation portant sur cette proposition. La Loi de 2023 modifiant des lois en ce qui concerne la ceinture de verdure incorpore la description de la limite rétablie de la zone de la ceinture de verdure directement dans la Loi de 2005 sur la ceinture de verdure et la description du territoire de la moraine d’Oak Ridges directement dans la Loi de 2001 sur la conservation de la moraine d’Oak Ridges , dont on trouvera les dernières versions à :  Loi de 2005 sur la ceinture de verdure, L.O. 2005, chap. 1  Loi de 2001 sur la conservation de la moraine d’Oak Ridges , L.O. 2001, chap. 31 Une copie du projet de loi 136 intitulé Loi de 2023 modifiant des lois en ce qui concerne la ceinture de verdure se trouve sur le site Web de l’Assemblée législative de l’Ontario :  Projet de loi 136, Loi de 2023 modifiant des lois en ce qui concerne la ceinture de verdure De plus amples renseignements sur la décision et la proposition de modification de la Loi de 2005 sur la ceinture de verdure la Loi de 2001 sur la conservation de la moraine d’Oak Ridges et d’autres lois connexes se trouvent sur le Registre environnemental de l’Ontario (REO) :  REO, no 019-7739 – Proposition visant à réintégrer des terres dans la ceinture de verdure - Loi de 2023 modifiant des lois en ce qui a trait à la ceinture de verdure  REO, no 019-7735 - Nouvelle loi relative aux servitudes et engagements de la Réserve agricole de Duffins Des renseignements et des cartes liés à la décision de 2022 de modifier le Plan de la ceinture de verdure et le Plan de conservation de la moraine d’Oak Ridges se trouvent ici :  REO, no 019-6216 - Modifications au Plan de la ceinture de verdure  REO, no 019-6218 Décision concernant la nouvelle désignation proposée des terres dans le cadre du Plan de conservation de la moraine d’Oak Ridges - Règl. de l'Ont. 140/02 Page 220 of 405 5 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. Veuillez agréer l’expression de mes meilleurs sentiments. Sean Fraser, sous-ministre adjoint Division de l'aménagement et de la croissance Ministère des Affaires municipales et du Logement Téléphone cellulaire : 647 282-1171 c. Martha Greenberg, sous-ministre, Affaires municipales et Logement Page 221 of 405 December 14, 2023 SENT VIA EMAIL: premier@ontario.ca The Honourable Doug Ford Premier of Ontario Legislative Building, Queen’s Park Toronto, ON M7A 1A1 RE: Town of Lincoln Council Resolution – Provincial commitment to provide municipalities necessary infrastructure funding to support housing as a result of the impacts of Bill 23 and other legislation Please be advised that the Council of the Corporation of the Town of Lincoln at its Council Meeting held on December 13, 2023, passed the following motion regarding Provincial commitment to provide municipalities necessary infrastructure funding to support housing as a result of the impacts of Bill 23 and other legislation: Resolution No.: RC-2023-159 Moved by Councillor Greg Reimer; Seconded by Councillor Adam Russell WHEREAS Town of Lincoln Council is committed to doing their part to reduce barriers and find solutions to meet the development demand imposed by the Province under Bill 23, More Homes Built Faster Act, 2022; and WHEREAS Bill 23, More Homes Built Faster Act, 2022, aims to build 1.5 million new homes by 2031 and to accomplish this goal, the Bill seeks to eliminate or reduce a range of processes, fees, and regulations that have the potential to slow or inhibit development; and WHEREAS municipalities play a vital role in fostering community development, providing essential services, and maintaining local infrastructure; and WHEREAS in 2019, the National Housing Strategy recognized housing as a human right and under Bill 23, implemented two strategies focused on affordability and attainability respectively; and WHEREAS the Town of Lincoln recognizes the importance of financial tools to raise funds and support programs and services; and Page 222 of 405 Page 2 of 4 WHEREAS on October 23, 2023, the Minister of Municipal Affairs and Housing, released a statement introducing legislation that would reverse the official plan decisions and wind back provincial changes to official plans and official plan amendments, except in circumstances where construction has begun or where doing so would contravene existing provincial legislation and regulation, including changes to urban boundaries; and WHEREAS the Minister of Municipal Affairs and Housing will be asking impacted municipalities to submit changes and updates to those plans to ministry staff within 45 days of today, including information on projects that are already underway and in recognition of the costs incurred by municipalities arising out of this decision, the province will work with impacted municipalities to assist with related planning and staffing costs; and WHEREAS the Province released their 2023 Fall Economic Statement to the Ontario’s Big City Mayors (OBCM), whereby it was noted that that the statement did not provide an update on the government’s efforts to address the financial impacts of Bill 23; and WHEREAS Bill 23 includes changes to the Development Charges Act which is estimated to have an impact on municipalities, in terms of foregone collection of development charge fees, totalling $1 billion annually across the province, even though the Province has committed to ensuring that municipalities are kept whole for any impact on their ability to fund housing enabled infrastructure because of the Bill; and WHEREAS smaller municipalities will need to work with the Province to potentially create and approve new revenue tools to fund the various municipal operations and capital investments needed to meet the targets as set out in Bill 23; and WHEREAS without revenue tools and provincial programs and supports, the ability to build the infrastructure required to support the creation of new homes, roads, sewer, water systems, supports and delivery of services such as fire and police, are exacerbated; and WHEREAS under the current climate of inflation and rising construction cost, municipalities will have to undertake less infrastructure, especially without significant provincial program intakes and funding streams; and WHEREAS municipalities already have limited cost recovery avenues within asset management plans and existing legislation, resulting in a growing provincial and Canada wide infrastructure funding gap. THEREFORE, BE IT RESOLVED THAT the Town of Lincoln Council: Page 223 of 405 Page 3 of 4 1. Request support for all municipalities that are challenged to fulfill their growth targets by the financial burden imposed by the Province of Ontario with Bill 23; and 2. Urge the Minister of Municipal Affairs and Housing to work with all municipalities and establish long-term sustainable critical funding programs to fill the infrastructure gaps, including opening up more intakes for infrastructure funding; and 3. Emphasize the importance of the provincial governments commitment to looking forward as municipalities deal with the outcomes of Bill 23, and that should municipalities require funding to be made whole, that the government address these funding shortfalls; and 4. Forward a copy of this motion to each of the 12 Local Area Municipalities in Niagara; and 5. That a copy of this motion be circulated to Premier of Ontario, Minister of Municipal Affairs and Housing, Provincial opposition parties, Niagara’s 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) and local area municipalities. CARRIED If you require any additional information, please do not hesitate to contact the undersigned. Regards, Julie Kirkelos Town Clerk jkirkelos@lincoln.ca JK/dp C.c. Minister of Municipal Affairs and Housing Provincial Opposition Parties Niagara Area MPs and MPPs Association of Municipalities of Ontario (AMO) Federation of Canadian Municipalities (FCM) Page 224 of 405 Page 4 of 4 Mayors and Regional Chairs of Ontario (MARCO) Ontario’s Big City Mayors (OBCM) Local Area Municipalities Page 225 of 405 December 19, 2023 The Right Honourable Justin Trudeau Delivered by email Prime Minister of Canada justin.trudeau@parl.gc.ca 80 Wellington Street Ottawa, ON K1A 0A2 The Honourable Doug Ford, Premier of Ontario Delivered by email Premier’s Office, Room 281 premier@ontario.ca Legislative Building, Queen’s Park Toronto, ON M7A 1A1 Dear Prime Minister Trudeau and Premier Ford: Re: Town of Aurora Council Resolution of December 12, 2023 Motion 10.3 – Councillor Gilliland; Re: Community Safety and Inciteful Speech Please be advised that this matter was considered by Council at its meeting held on December 12, 2023, and in this regard, Council adopted the following resolution: Whereas there has been an escalation in terrorist activity and unrest around the world that has triggered homeland rallies and advocacy that supports inciteful actions, which are causing uncertainty and unsafe feelings in our own country; and Whereas inciteful speech is knowingly being utilized to create division, manipulation and spread misinformation, which could be defined as violent extremist propaganda and encouraging violent crimes; and Whereas any loss of innocent civilian life is unacceptable and tragic; and Whereas other local municipal councils and residents in Aurora have expressed concerns of uncertainty and safety who are asking for peace, protection and security; and Whereas law exists to help maintain public safety, security, peace and order in society, and in Canada, where the responsibility for criminal justice is shared between the Federal, Provincial and territorial governments; and Whereas it is important to protect our general freedoms of speech, while respecting the principles to protect and respect human rights, whether in Legislative Services Jaclyn Grossi 905-726-4768 clerks@aurora.ca Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G 6J1 Page 226 of 405 Town of Aurora Council Resolution of December 12, 2023 Community Safety and Inciteful Speech December 19, 2023 2 of 2 person or in a free, open and secure internet, and to ensure transparency and accountability; 1. Now Therefore Be It Hereby Resolved That the Town of Aurora acknowledges that residents in the community have expressed feelings of uncertainty and safety concerns, due to the recent global unrest, and condemns all acts of terror and violence resulting in loss of life or injury; and 2. Be It Further Resolved That the Town of Aurora call on all levels of government to acknowledge this uncertainty and safety concerns in Canada and look to strengthening their available tools to deny inciteful speech that encourages violent extremists the ability to publicly manipulate, advocate, and incite violence or physical harm to another human being, whether it be online or in person; and 3. Be It Further Resolved That Council encourages our community and diverse local leaders of faith to bring the community together to promote peace, healing and understanding during this difficult time; and 4. Be It Further Resolved That a copy of this resolution be provided to both the Federal and Provincial government and all municipalities in Ontario. The above is for your consideration and any attention deemed necessary. Sincerely, Jaclyn Grossi Deputy Town Clerk The Corporation of the Town of Aurora JG/lb Attachment (Council meeting extract) Copy: All Ontario Municipalities Page 227 of 405 100 John West Way Aurora, Ontario L4G 6J1 (905) 727-3123 aurora.ca Town of Aurora Council Meeting Extract Tuesday, December 12, 2023 Page 1 of 2 _______________________________________________________________________________________ 10. Motions 10.3 Councillor Gilliland; Re: Community Safety and Inciteful Speech Moved by Councillor Gilliland Seconded by Councillor Gaertner Whereas there has been an escalation in terrorist activity and unrest around the world that has triggered homeland rallies and advocacy that supports inciteful actions, which are causing uncertainty and unsafe feelings in our own country; and Whereas inciteful speech is knowingly being utilized to create division, manipulation and spread misinformation, which could be defined as violent extremist propaganda and encouraging violent crimes; and Whereas any loss of innocent civilian life is unacceptable and tragic; and Whereas other local municipal councils and residents in Aurora have expressed concerns of uncertainty and safety who are asking for peace, protection and security; and Whereas law exists to help maintain public safety, security, peace and order in society, and in Canada, where the responsibility for criminal justice is shared between the Federal, Provincial and territorial governments; and Whereas it is important to protect our general freedoms of speech, while respecting the principles to protect and respect human rights, whether in person or in a free, open and secure internet, and to ensure transparency and accountability; 1. Now Therefore Be It Hereby Resolved That the Town of Aurora acknowledges that residents in the community have expressed feelings of uncertainty and safety concerns, due to the recent global unrest, and condemns all acts of terror and violence resulting in loss of life or injury; and 2. Be It Further Resolved That the Town of Aurora call on all levels of government to acknowledge this uncertainty and safety concerns in Canada and look to strengthening their available tools to deny inciteful Page 228 of 405 Council Meeting Extract – Tuesday, December 12, 2023 Page 2 of 2 speech that encourages violent extremists the ability to publicly manipulate, advocate, and incite violence or physical harm to another human being, whether it be online or in person; and 3. Be It Further Resolved That Council encourages our community and diverse local leaders of faith to bring the community together to promote peace, healing and understanding during this difficult time; and 4. Be It Further Resolved That a copy of this resolution be provided to both the Federal and Provincial government and all municipalities in Ontario. Yeas (7): Mayor Mrakas, Councillor Weese, Councillor Gilliland, Councillor Gaertner, Councillor Thompson, Councillor Gallo, and Councillor Kim Carried (7 to 0) Page 229 of 405 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 December 22, 2023 CL 16-2023, December 14, 2023 PWC 11-2023, December 5, 2023 PW 53-2023, December 5, 2023 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Waste Management By-law Update PW 53-2023 Regional Council, at its meeting held on December 14, 2023, passed the following recommendation of its Public Works Committee: That Report PW 53-2023, dated December 5, 2023, respecting Waste Management By- law Update, BE RECEIVED and the following recommendations BE APPROVED: 1. That By-law No. 2022-32 being A By-law to Regulate the use of the Waste Management System for The Regional Municipality of Niagara (short title being the “Waste Management By-law”), as amended, BE FURTHER AMENDED to reflect the changes set out in in Appendix 1 of Report PW 53-2023; 2. That the necessary amending By-law BE PREPARED and PRESENTED to Council for consideration; and 3. That Report PW 53-2023 and a final copy of the consolidated By-law, BE CIRCULATED to the Local Area Municipalities for information. A copy of PW 53-2023 and By-law No. 2023-91 are enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2023-144 cc: M. Singzon, Manager, Collection & Diversion Operations N. Coffer, Executive Assistant to the Commissioner, Public Works T. Ricketts, Commissioner, Public Works Page 230 of 405 PW 53-2023 December 5, 2023 Page 1 Subject: Waste Management By-law Update Report to: Public Works Committee Report date: Tuesday, December 5, 2023 Recommendations 1. That By-law No. 2022-32 being A By-law to Regulate the use of the Waste Management System for The Regional Municipality of Niagara (short title being the “Waste Management By-law”), as amended, BE FURTHER AMENDED to reflect the changes set out in in Appendix 1 of Report PW 53-2023; 2. That the necessary amending By-law BE PREPARED and PRESENTED to Council for consideration; and 3. That Report PW 53-2023 and a final copy of the consolidated By-law, BE CIRCULATED to the Local Area Municipalities for information. Key Facts • The purpose of this report is to seek Committee’s approval to amend the Waste Management By-law. • The Blue Box Regulation under the provincial Resource Recovery and Circular Economy Act, 2016 assigns responsibility for the residential Blue Box program operations to the producers, including collection with all Ontario communities transitioning between July 1, 2023, and December 31, 2025. Niagara Region’s transition date is January 1, 2024. • On July 20, 2023, Niagara Region Council approved the recommendation not to continue to provide curbside recycling services to ‘eligible’ properties as defined in the Blue Box regulation (i.e., residential, and multi-residential properties and non- profit long-term care and retirement homes, schools, and some public spaces) on behalf of producers starting January 1, 2024. • On September 21, 2023, Niagara Region Council approved the continuation of the co-collection of recyclables from ‘non-eligible sources’, as defined in the Blue Box Regulation (i.e., industrial, commercial, institutional properties) during the transition period of January 1, 2024, to December 31, 2025. Page 231 of 405 PWC 53 -2023 December 5, 2023 Page 2 • The recommended updates to the Waste Management By-law are required to reflect the change in service delivery under the new provincial Blue Box Regulation and the change in Niagara Region’s scope of responsibility as of January 1, 2024. • Further updates may be required to the Waste Management By-law in 2024 pending the outcome of Continuous Improvement Fund’s (CIF) work that is currently being completed on behalf of municipalities. Financial Considerations There are no anticipated financial implications with the proposed updates of this By-law. Analysis Waste Management By-law The purpose of the Waste Management By-law is to regulate and control the use of Niagara Region’s waste management system. Since coming into effect in October 1999, the Waste Management By-law has regularly been revised to improve clarity of by-law provisions and reflect changes to waste programs, collection services and requirements. The recommended update to the Waste Management By-law is required to reflect the change in service delivery under the new provincial Blue Box Regulation and the change in Niagara Region’s scope of responsibility as of January 1, 2024. Changes to the existing Waste Management By-law are required in the following sections: • Part I (Definitions) require amendments to existing terms and addition of new terms to be defined related to the new Blue Box Regulation. • Part II (Collection Services) require amendments to sections pertaining to Blue Box and Grey Box Material collection and improve existing wording. • Part III (Collection Restriction and Responsibilities) require amendments to reflect that the Region is no longer responsible for residential Blue Box and Grey Box Material and improve existing wording. • Part IV (Regional Drop Off Locations) and Part V (Regional Drop Off Location Restriction and Responsibilities) require changes in the requirements for Material drop off at the Region’s public drop off depots. Page 232 of 405 PWC 53 -2023 December 5, 2023 Page 3 • In Part IX (General) to provide updated contact information for customer service. • Table 2 (Recycling Container Limits) of Schedule A of the By-law is required to be updated to reflect the change in Niagara Region’s scope of responsibility for Blue Box and Grey Box recycling collection. The recommended changes to the Waste Management By-law are presented in Appendix 1. Following the completion of CIF’s work and any further knowledge sharing, staff will consider whether any further updates are required to the Waste Management By-law. The CIF’s mandate is to improve the effectiveness and efficiency of Ontario’s municipal Blue Box programs, however, more recently, their focus has been assisting municipalities with issues related to the Blue Box transition, including the need to refresh municipal waste management by-laws as a result of the sweeping changes to the blue box program. Additionally, future updates may be necessary to reflect the prevailing landscape of the provincial Blue Box Regulation as of January 1, 2026 (post transition period), which will present the opportunity to incorporate lessons learned and future Council directions. Alternatives Reviewed The alternative considered was to maintain status quo and a “wait and see” approach to gather more information following Niagara Region’s transition on January 1, 2024, before implementing an amendment to the Waste Management By-law. In doing so, any lesson learned, and future Council directions can be incorporated. This alternative is not recommended because of the significant need to define Niagara Region’s scope of responsibility with respect to delivering waste management services and incorporate changes to the Blue and Grey Box recycling collection program as of January 1, 2024. Relationship to Council Strategic Priorities The amendments to the Waste Management By-law are part of the continuous improvement process that is responsive to changing regulatory requirements and opportunities to improve the delivery of standard level of waste management services which supports Council Strategic Priority of an Effective Region. Page 233 of 405 PWC 53 -2023 December 5, 2023 Page 4 Other Pertinent Reports PW 34 -2020 Solid Waste Management By-Law Update PW 19-2022 Waste Management System By-law ________________________________ Prepared by: Mariano Singzon Manager, Collection & Diversion Ops. Waste Management Services, Public Works _______________________________ Recommended by: Terry Ricketts Commissioner Public Work ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Brian Wilson, Legal Counsel, and reviewed by Renee Muzzell, Manager, Program Financial Support and Catherine Habermebl, Director, Waste Management Services Appendices Appendix 1 Proposed Changes to Waste Management By-law Page 234 of 405 PW 53-2023 Appendix 1 Proposed Changes to Waste Management By-law (By-law 2022-32) 1. In Part I – Definitions a) Delete section 1.4 and replace with "As Designated" means as designated by the Region from time to time by the Commissioner of Public Works or their designate. It is anticipated that the Region's diversion programs, and related requirements will continue to evolve as new methods and Materials emerge. These changes will be implemented on an "As Designated" basis. b) Delete section 1.5 and replace with "Blue Box" means a collection container available from the Region or approved alternative as set out in Section 8 of this By-law or As Designated, used to set out Blue Box Material for collection under the Region’s diversion program. c) Delete section 1.6 and replace with "Blue Box Material" means packaging or packaging-like products as defined under Ontario Regulation 391/21, as amended from time to time, accepted for curbside collection or accepted as part of the Region’s diversion program under its drop off depot service. The Blue Box Material(s) are Plastic Packaging, Metal Packaging, Glass Packaging including gable top containers and aseptic containers. d) Delete section 1.8 (g) and replace with “glass packaged in cardboard and labelled glass". e) Delete section 1.10 and replace with “Cart” means an approved container as set out in section 8, 10 and 11 of this By-law or As Designated, used to set out Blue Box and Grey Box Material for Types C-F Premises, or Green Bin Material for Types B-F Premises as set out in Schedule “A” to this By- Law.” f) Insert new definition as new section 1.15 “Common Collection System” means the province-wide collection system for collecting Blue Box and Grey Box materials that is operated by Producer Responsibility Organizations (or PROs) on behalf of producers. g) Delete section 1.18 and replace with “"Construction, Renovation and Demolition" Material includes but is not limited to windows, tile, drywall, lumber, doors, metal, PVC pipe and other building Materials As Designated by the Region. h) Insert new definition as section 1.26 “Eligible Source” means any residence or facility in an eligible community (i.e., residences, multi- residential properties, residential component of mixed-use properties, Page 235 of 405 PW 53-2023 Appendix 1 some schools, some public spaces and some long-term care and retirement homes)., as defined in O. Reg. 391/21 as amended from time to time for the purpose of determining eligibility in the province’s full producer responsibility Common Collection System. i) Change section 1.31 to include (i.e. not torn in half) in the definition of “Garbage Tags.” j) Change section 1.34 to strike out “dryer lint” in the definition of "Green Bin Material.” k) Delete section 1.35 and replace with "Grey Box" means a collection container available from the Region or approved alternative as set out in Section 11 of this By-law or As Designated, used to set out Grey Box Material under the Region’s diversion programs. l) Delete section 1.36 and replace with “Grey Box Material" means packaging and packaging like products defined under Ontario Regulation 391/21, as amended from time to time, accepted for curbside collection or accepted as part of the Region’s diversion program. The Grey Box Material(s) are Paper Products and Paper Packaging including paper laminates, kraft paper carry-out bags, kraft paper – non-laminated, corrugated cardboard, boxboard and other paper packaging. m) Delete term “Large Rigid Plastics and reinsert term as new section 1.63 “Rigid Plastic" means hard plastic items that are not accepted for Curbside Collection but are accepted as part of the Region’s diversion programs for drop off depot service only such as but not limited to discarded and broken recycling containers, buckets, pails, pots, crates, trays, baskets, totes, toys, pools, furniture, chairs and car seats with no other parts, metal or Material attached. Rigid plastic items do not include plastic coolers, piping, siding or any plastic that also contain or have attached any wood, metal, insulation, rubber and non-plastic components. Batteries must be removed. n) Change section 1.44 to strike out the “recycle” and replace with “divert from disposal”. o) Delete section 1.47 (e) and replace with motor vehicles or automotive parts including tires. p) Insert new definition as new section 1.56 “Producer Responsibility Organization (PRO)” means private enterprises established to contract with producers to meet their obligations under the Blue Box regulation which includes establishing or operating a collection and management Page 236 of 405 PW 53-2023 Appendix 1 system, promotion and education system, preparing and submitting reports, customer service and representing producers for any purposes under the extended producer responsibility under the new Blue Box Regulation (O.Reg 391/21 as amended from time to time). Circular Materials Ontario (CMO) has been selected as the lead PRO in the province to oversee the new Blue Box program on behalf of the producers. 2. In Part II – Collection Services a) Under section 2 “General Collection Provision”, i. Add new subsection 2.2 “As of January 1, 2024, the Region will transition to extended producer responsibility and will no longer provide Blue Box and Grey Box collection services for Eligible sources under the provincial Common Collection System”; b) Under section 5 “Brush” i. Delete subsection 5.2 and replace with Brush are only collectable from a Type A Premises as defined in Schedule “A” to this By-law. Further information on the collection of Bulky Goods is available from the sources noted in Section 54 of this By-law. c) Under section 6 “Bulky Goods” i. Delete subsection 6.1 and replace with “Bulky Goods are only collectable from a Type A Premises as defined in Schedule “A” to this By-law. Further information on the collection of Bulky Goods is available from the sources noted in Section 54 of this By-law.” ii. Delete subsection 6.3 and replace with “The Owner must arrange in advance with the Region's collection contractor for the scheduled collection of Bulky Goods As Designated. Information on how to schedule collection is available from the sources noted in Section 54 of this By-law.” iii. Delete subsection 6.7 and replace with “Glass, not including windows, are collectable as Bulky Goods if: a. placed in a separate, sturdy, walled container to be collected with its glass shard contents, and secured so as to remain closed and to protect the safety of collection personnel; b. labelled appropriately (i.e. "Glass"); and c. large glass pieces (greater than 1.5ft by 1.5ft) must be removed from any bulky item, packaged or wrapped separately in a cardboard, bubble wrap or another approved Page 237 of 405 PW 53-2023 Appendix 1 packaging Material, and appropriately labelled (i.e. " Glass") to protect the safety of collection personnel.” d) Under section 7 “Christmas Trees” i. Delete subsection 7.1 and replace with “Christmas Trees shall be set out for Curbside collection without wrapping, bagging, tinsel, lights or any other decorations, in accordance with the schedule of collection days and times As Designated. Further information on the collection of Christmas Trees is available from the sources noted in Section 54 of this By-law.” e) Under section 8 “Blue Box Material” i. Delete subsection 8.1 (a) i and replace with “in designated recycling containers (Blue Box/Cart) only for Type C-F Premises as set out in Schedule “A” to this By-law available from the Region; or ii. Delete subsection 8.1 (a) ii and replace with “in a Cart only for Type C-F Premises as set out in Schedule “A” to this By-law for”; or iii. Delete subsection 8.1 (a) iv “in transparent plastic bags”; or iv. Delete subsection 8.1 (b) iii and replace with “Carts for Type C-F Premises are exempt from 8.1 (b) (i) and (b) (ii)”; and v. Delete subsection 8.3 and replace with “Further information on the collection of Blue Box Materials is available from the sources noted in Section 54 of this By-law.” f) Under section 9 “Leaf and Yard Material” i. Delete subsection 9.4 and replace with “Further information on the collection of Leaf and Yard Material is available from the sources noted in Section 54 of this By-law.” g) Under section 10 “Green Bin Material” i. Delete subsection 10.5 and replace with “Further information on the collection of Green Bin Material is available from sources noted in Section 54 of this By-law.” h) Under section 11 “Grey Box Material” i. Delete subsection 11.1 (a) i and replace with “in designated recycling containers (Grey Box/Cart) only for Type C-F Premises as set out in Schedule “A” to this By-law available from the Region; or ii. Delete subsection 11.1 (a) ii and replace with “in a Cart only for Type C-F Premises as set out in Schedule “A” to this By-law”; or Page 238 of 405 PW 53-2023 Appendix 1 iii. Delete subsection 11.1 (a) iv “in transparent plastic bags”; or iv. Delete subsection 11.1 (b) iii and replace with “Carts for Type C-F Premises are exempt from section 11.1 (b) (i) and (b) (ii)”; v. Delete subsection 11.3 and replace with “Further information on the collection of Grey Box Material is available from sources noted in Section 54 of this By-law.” i) Under section 13 “Collection Limits and Procedure for Garbage Exemptions” i. Delete subsection 13.1 (b)(iii) and replace with “Information on Garbage Tags is available from the sources noted in Section 54 of this By-law.” ii. Delete subsections 13.2 (a) and replace with “for Type A Premises, As of January 1, 2024, the Region will no longer provide Blue Box and Grey Box collection services for this property type and this will be under the provincial Common Collection System.” iii. Delete subsection 13.2 (b) and replace with for “Type B Premises, As of January 1, 2024, the Region will no longer provide Blue Box and Grey Box collection services for this property type and this will be under the provincial Common Collection System”. iv. Delete subsection 13.2 (c) and replace with “for Type Cand D Premises, an Owner may set out for collection unlimited Blue and Grey Boxes or Carts, but will be subject to review by the Region to ensure that efficient and cost effective services are maintained.” v. Delete subsection 13.2 (d) and replace with “for Type E and F Premises, an Owner may set out for collection up to a combined total of eight (8) Blue and Grey Carts or the equivalent number of units as determined solely by the Region. Type E Premises that consistently exceed the eight (8) Cart equivalent limit with Boxes or bundles, as solely determined by the Region, will be encouraged to use Carts. If the Owner of a Premises fails to switch to Cart collection, despite the Region's attempts to encourage the switch, the Region may, at their discretion, and upon written notice to the Owner, cease collection from the Premises until such time as the property switches to adequate Cart collection, to the satisfaction of the Region”. vi. Delete subsection 13.4 and replace with “In all cases, except for the provision under section 2.2, the Material collected during collection Page 239 of 405 PW 53-2023 Appendix 1 must be Material generated at the self-contained unit for Type A Premises or on the Premises for Type B-F Premises.” vii. Delete subsection 13.6 and replace with “To be eligible for Garbage collection services, Premises that are eligible to receive recycling collection services under the provincial Common Collection System must utilize the provincial recycling collection program and the Region’s organics collection services. Premises which are not eligible to participate in the provincial recycling collection program under the provincial Common Collection System must utilize both the Region’s Blue/Grey Box Material and Green Bin Material collection service. This applies to both base and enhanced service, where applicable.” viii. Delete subsection 13.8 and replace with “Any Type C-F Premises, as shown in Schedule “A”, which is not eligible to receive recycling collection services under the provincial Common Collection System that retain private service for Blue or Grey Box Material collection will not be eligible for Regional collection services. An exemption to this clause applies for regional and municipal facilities, Regional Agencies, Boards and Commissions, as well as Registered Charities, subject to application and approval by the Region.” 3. In Part III – Collection Restrictions and Responsibilities a) Under section 14 “Collection Restrictions and Responsibilities” i. Delete subsection 14.2 and replace with “The Owner of Premises shall set out for collection the Classes of Collectable Material at the locations as shown in Section 15, in the manner of, and in accordance with the schedules of collection days As Designated. See Section 54 of this By-law for further sources of schedule and Material preparation information.” b) Under section 19 “Ownership” i. Delete subsection 19.1 and replace with “Except for Blue Box and Grey Box Material that are collected under the provincial Common Collection System, all other properly prepared and separated Collectable Material set out within the designated times becomes the property of the Region upon pick-up or other receipt by authorized employees or contractors of the Region.” Page 240 of 405 PW 53-2023 Appendix 1 4. In Part IV – Regional Drop Off Location a) Under section 24 Acceptable Drop-off/Recycling Material i. Delete subsection 24.2 and replace with “There may be locations where less than this full list may be Acceptable. Consult the sources listed in Section 54 for further information.” b) Under section 25 Acceptable Composting Material i. Delete subsection 25.2 and replace with “There may be locations where less than this full list may be Acceptable. Consult the sources listed in Section 54 for further information.” c) Under section 35 “Refusal” i. Delete subsection 35.1 and replace with “The Region reserves the right to refuse to accept for drop-off any Material for operational and material handling reasons.” 5. In Part V – Regional Drop Off Location Restriction and Responsibilities a) Delete subsection 35.1 and replace with “The Region reserves the right to refuse to accept for drop-off any Material for operational and/or material handling reason.” b) Add subsection 35.2 “The Region reserves the right to refuse to accept for drop-off Acceptable Blue Box and Grey Box Material or Household Hazardous Waste Material of large commercial quantity as determined by the Region.” 6. In Part IX – General a) Under section 54 “Further Information on Material Preparation” i. Delete subsection 54.1 and replace with “More detailed instructions on preparation of Material for collection or drop off at a Regional Drop-Off Location are available on the Region's website at www.niagararegion.ca or in publications updated and distributed by the Region from time to time or by contacting the Waste Info-line Monday to Friday, 8:30am – 4:30pm, at 905-356-4141 or Toll-free at 1-800-594-5542. ii. Add subsection 54.2 More detailed instructions on preparation of Blue Box Material and Grey Box Material not collected by the Region and falls under the Provincial Common Collection System along with related customer service inquiries are available at the Producer Responsibility Organization (PRO) website circularmaterials.ca/on Page 241 of 405 PW 53-2023 Appendix 1 7. That Table 2 (Recycling Container Limits) of Schedule A of By-law 2022-32 be deleted and replaced with the following: Table 2: Recycling Container Limits Type of Premises (as Assessed by MPAC or as defined under O. Reg. 391/21) Container Limit Collection Frequency C. Premises used for one or more institutional, commercial or industrial purposes inside Designated Business Area and Bed and Breakfasts with four (4) or more bedrooms inside Designated Business Areas. Unlimited Weekly D. Mixed use Premises used for one or more institutional, commercial or industrial and residential purposes inside Designated Business Area. Commercial Component Only: Unlimited Residential Component: Provided through the Provincial Common Collection System. Weekly E. Premises used for one or more institutional, commercial or industrial purposes outside Designated Business Area and Bed and Breakfasts with four (4) or more bedrooms outside Designated Business Areas are Type E Premise. Combined limit of the eight (8) Blue and Grey Carts or the equivalent in Blue and Grey Boxes as determined solely by the Region. Weekly Page 242 of 405 PW 53-2023 Appendix 1 Type of Premises (as Assessed by MPAC or as defined under O. Reg. 391/21) Container Limit Collection Frequency F. Mixed use Premises used for one or more institutional, commercial or industrial and residential purposes outside Designated Business Area. Commercial Component Combined limit of the eight (8) Blue and Grey Carts or the equivalent in Blue and Grey Boxes as determined solely by the Region. Residential Component: Provided through the Provincial Common Collection System. Weekly Page 243 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 1 of 71 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. 2022-32 A BY-LAW TO REGULATE THE USE OF THE WASTE MANAGEMENT SYSTEM FOR THE REGIONAL MUNICIPALITY OF NIAGARA WHEREAS on April 11, 1996, Regional Council adopted By-laws 8280-96, 8281-96 and 8282-96 to assume from the twelve area municipalities all waste management powers conferred by any Act upon the area municipalities; WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, provides that an upper tier municipality may pass By-laws respecting waste management subject to the requirements set out in the Act; WHEREAS Section 227 of the Municipal Act, 2001, provides that it is the role of the officers and employees of the municipality to carry out duties required under this or any other Act and other duties as assigned by the municipality; WHEREAS Section 425 of the Municipal Act, 2001 provides that a municipality may pass by-laws providing that a person who contravenes a by-law of the municipality passed under this Act is guilty of an offence; WHEREAS Section 446(1) of the Municipal Act, 2001 provides that if a municipality has the authority under this, or any other Act, or under a by-law under this Act, or any other Act, to direct or require a person to do a matter of thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person’s expense; WHEREAS Section 446(3) of the Municipal Act, 2001 provides that the municipality may recover the costs of doing a matter or thing under subsection 446(1) from the person directed or required to do it, by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes; WHEREAS By-law No. 2017-56 was passed by Regional Council on May 15, 2017, and this by-law has been in place to regulate the use of the waste management system for The Regional Municipality of Niagara; Page 244 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 2 of 71 WHEREAS By-law No. 2017-113 was passed by Regional Council on December 7, 2017, being a by-law to amend By-law No. 2017-56,and By-law No. 2020-62, was passed by Regional Council on September 17, 2020, being a by-law to amend By-law No. 2017-56; and By-law No. 2021-06, was passed by Regional Council on January 21, 2021, being a by-law to amend By-law No. 2017-56; WHEREAS legislative updates have occurred, along with a desire to repeal and replace By-law No. 2017-56 with this By-law; NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as follows: PART I - DEFINITIONS 1. The following terms are defined for purposes of this By-law: 1.1 “Agencies, Boards and Commissions” means a self-governing organization that delivers services for the Region, including Niagara Regional Housing, Niagara Regional Police Service and Niagara Peninsula Conservation Authority. 1.2 "Amnesty Week" means the two (2) weeks that follow Christmas Day where, in addition to the regular Garbage limit, selected Premises can place additional Garbage to the curb for collection without a Garbage Tag on the regular Garbage collection day(s). 1.3 "Area Municipality" means any one of the municipalities or corporations of the Town of Fort Erie, Town of Grimsby, Town of Lincoln, City of Niagara Falls, Town of Niagara-on-the-Lake, Town of Pelham, City of Port Colborne, City of St. Catharines, City of Thorold, Township of Wainfleet, City of Welland, or Township of West Lincoln. 1.4 "As Designated" means as designated by the Region from time to time by the Commissioner of Public Works or their designate. It is anticipated that the Region's diversion programs, and related requirements will continue to evolve as new methods and Materials emerge. These changes will be implemented on an "As Designated" basis. Page 245 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 3 of 71 1.5 "Blue Box" means a collection container available from the Region or approved alternative as set out in Section 8 of this By-law or As Designated, used to set out Blue Box Material for collection under the Region’s diversion program. 1.6 "Blue Box Material" means packaging or packaging-like products as defined under Ontario Regulation 391/21, as amended from time to time, accepted for curbside collection or accepted as part of the Region’s diversion program under its drop off depot service. The Blue Box Material(s) are Plastic Packaging, Metal Packaging, Glass Packaging including gable top containers and aseptic containers. 1.7 "Brush" means woody Material including twigs, tree limbs or branches. 1.8 "Bulky Goods" means large household items which are Collectable Material that cannot fit into a normal Garbage Container and may be overweight (excluding construction/demolition Material). Some examples include, but are not limited to, the following: (a) artificial Christmas trees; (b) box spring, mattress, and bed frame; (c) carpet or rugs in compact rolls/bundles not exceeding 1.5 metres (4.5 ft) in length and 0.76 metres (2.5 ft) in diameter and tied; (d) couches, sofa, chair; (e) floor lamps; (f) furniture (for example, tables, cabinets, dressers); (g) glass packaged in cardboard and labelled “glass"; (h) large toys; (i) pool cover and solar blankets in compact rolls/bundles not exceeding 1.5 metres (4.5 ft) in length and 0.76 metres (2.5 ft) in diameter and tied; Page 246 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 4 of 71 (j) toilets or sinks that are individual and not part of construction and demolition; (k) other collectable Material that cannot fit in a garbage container; (l) water softening units; and (m) other household items, as designated by the Region. 1.9 “By-law” means this by-law and any schedule(s) and/or appendices to this By-law as they may be amended from time to time. 1.10 "Cart” means an approved container as set out in section 8, 10 and 11 of this By-law or As Designated, used to set out Blue Box and Grey Box Material for Types C-F Premises, or Green Bin Material for Types B-F Premises as set out in Schedule “A” to this By- Law. 1.11 "Care and Control" means Material shall be deemed to have been within the care and control of a Person at a point in time if the Material included any Material typically associated with or used by that Person and shall include but is not restricted to the following Materials: (a) mail and other paper products bearing the name, address or other identifying characteristics typically associated with that Person; (b) Material that can on a balance of probabilities be shown to have been purchased by that Person; (c) Material that can on a balance of probabilities be shown to have originated from Premises with respect of which a Person is considered an Owner and during the time the Person was considered an Owner; or (d) Materials that can on a balance of probabilities be shown to have been transported in a motor vehicle owned or under the Care and Control of the Person. 1.12 "Christmas Trees" means naturally grown evergreen trees without tinsel, decorations, ornaments or tree lights. Page 247 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 5 of 71 1.13 “Christmas Trees, Artificial" means trees manufactured from manmade Material. 1.14 "Collectable" means Material which may be collected at Curbside or a collection point approved by the Region pursuant to this By-law. 1.15 "Communal Collection Point" means a collection point approved or as determined by the Region that is authorized for the use of more than one Premises. (a) Common Collection System” means the province-wide collection system for collecting Blue Box and Grey Box materials that is operated by Producer Responsibility Organizations (or PROs) on behalf of producers. 1.16 "Composter" means a container available from the Region or any enclosure with a lid for the purpose of decomposing Leaf and Yard Material and/or Green Bin Material by aerobic decay or bacterial action. 1.17 "Construction, Renovation and Demolition" Material includes but is not limited to windows, tile, drywall, lumber, doors, metal, PVC pipe and other building Materials As Designated by the Region. 1.18 "Council" means the elected Council of The Regional Municipality of Niagara. 1.19 "Curbside" means the area directly in front of an Owner's Premises as close as possible to the travelled portion of the road without obstructing or interfering with the travelled portion of the road or any sidewalk. It normally extends 1.2 m (four (4) feet) rearward from the travelled portion of the road. 1.20 "Designated Business Area" means an area designated by the Area Municipality to receive alternate collection services compared to residential or other industrial, commercial and institutional services. 1.21 "Dwelling Unit" means a place of residence designed or intended for habitation by one (1) or more persons with its own culinary and sanitary facilities which are provided for the exclusive use of the person or persons Page 248 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 6 of 71 who reside therein. If an Owner disagrees with the number of units contained within the Premises as assessed, it is up to the Owner to provide proof of the actual number of legally existing individual units within the Premises. In the absence of provision of proof to the satisfaction of the Region, the limit for the Premises in question shall be as determined by the Region. 1.22 "Electrical and Electronic Equipment (EEE)" means electrical and electronic equipment that, (a) is designed for use with an electrical current and a voltage rating not exceeding 1,000 volts for alternating current and 1,500 volts for direct current, (b) weighs no more than 250 kilograms, and (c) is not intended to be used permanently as part of a building or a structure at a pre-defined and dedicated location, as defined in Ontario Regulation 522/20: Electrical and Electronic Equipment under the Resource Recovery and Circulate Economy Act, 2016, S.O. 2016, c.12, Sched. 1, or any successor legislation, including but not limited to the following: a) computers; b) printers (desktop and floor-standing), including printer cartridges; c) video gaming devices; d) telephones, including cellular phones; e) display devices; f) radios and stereos, including after-market vehicle stereos; g) headphones; h) speakers; i) cameras, including security cameras; j) video recorders; k) drones with audio or visual recording equipment; Page 249 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 7 of 71 l) peripherals and cables used to support the function of information technology, telecommunications and audio visual equipment, including charging equipment; m) parts of information technology, telecommunications and audio visual equipment sold separately, such as hard drives; n) handheld point-of-sale terminals or devices; and o) musical instruments and audio recording equipment. 1.23 "Eligible Property" means a Premises of Types A, B, C, D, E or F as set out in Section 13 and Schedule “A” to this By-law where: (a) container limits set out in Schedule “A” can be abided by in the normal course of waste generation activity; (b) the Owner(s) of the Premises are in compliance with this By-law; and (c) the only Material set out for collection is Material generated on that Premises. 1.24 “Environmental Protection Act” means the Environmental Protection Act, R.S.O. 1990, Ch. E.19, or any successor legislation. 1.25 "Friendly Reminder" and "Final Friendly Reminder" means a written notice by the Region, in a form similar to that set out in Schedule B to this By-law or As Designated, which is delivered to an Owner, or left in a visible location, which can be readily seen at the Premises, or in a mailbox, to address Non- Compliance. 1.26 "Garbage" means all non-hazardous, solid, residual waste which, for purposes of collection or drop-off at a Regional Drop-Off Location, does not fall within a recyclable class of Material as set out in Subsection 3.1(a) or elsewhere in this By-law and such other Material As Designated. It does not include Grass Clippings. (a) Eligible Source” means any residence or facility in an eligible community (i.e., residences, multi- residential properties, residential Page 250 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 8 of 71 component of mixed-use properties, some schools, some public spaces and some long-term care and retirement homes)., as defined in O. Reg. 391/21 as amended from time to time for the purpose of determining eligibility in the province’s full producer responsibility Common Collection System. 1.27 "Garbage Container" means a waterproof opaque bag, receptacle, can, bin, or such other container As Designated, for the storing and setting out of Garbage for collection. It does not include cardboard boxes. 1.28 "Garbage Exemptions" mean exemptions as set out in Section 13 to the approved Garbage Container limits as shown in Schedule “A”. 1.29 "Garbage Tag" means a tag that can be purchased from the Region or authorized vendor and affixed and untampered (i.e. not torn in half) to the neck of a waterproof bag or on top of the bag situated on the top in the Garbage Container to allow additional limit of Garbage to be set out for collection. Only Type A Premises as defined in Schedule “A” of this By-law can use a Garbage Tag. 1.30 “Grass Clippings” means vegetation consisting of typically short plants with long, narrow leaves, growing wild or cultivated on lawns and pastures, which are the cut portions of grass, that are left behind or captured in a grass catcher; but does not include weed-type plants, such as “crab grass”, where the whole plant is removed, including its root system. 1.31 "Green Bin Container" means a container such as a Green Bin, Carts or the smaller Kitchen Catcher available from the Region, or other rigid reusable closed or open-top container clearly labelled with handles used for storing and setting out Green Bin/Cart Material. 1.32 "Green Bin Material" means compostable organic Material collected under the Green Bin program As Designated by the Region, including but not limited to food waste (such as meat, bones, shells, tea bags), pumpkins, tissue paper, paper towels and napkins, paper egg cartons, 100% compostable paper cups and plates, soiled newspaper, cold fireplace ashes, brown paper bags, saw dust, wood shavings, paper takeout trays, Page 251 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 9 of 71 kitty litter and Pet Waste. It does not include Grass Clippings or Liquid Material. 1.33 "Grey Box" means a collection container available from the Region or approved alternative as set out in Section 11 of this By-law or As Designated, used to set out Grey Box Material under the Region’s diversion programs. 1.34 "Grey Box Material" means packaging and packaging like products defined under Ontario Regulation 391/21, as amended from time to time, accepted for curbside collection or accepted as part of the Region’s diversion program. The Grey Box Material(s) are Paper Products and Paper Packaging including paper laminates, kraft paper carry-out bags, kraft paper – non-laminated, corrugated cardboard, boxboard and other paper packaging. 1.35 “Household Hazardous Waste Drop-Off Depots” means those locations as noted on the Region’s website, which may be updated from time to time, but which includes: (a) Niagara Road 12 Landfill; (b) Humberstone Landfill; (c) Thorold Yard Household Hazardous Waste Drop-Off Depot, and (d) Bridge Street Drop-Off Depot. 1.36 "Illegal Dumping" means the disposing of Material in Non-Designated Areas, including both Public Property and Regional Property, but does not include Litter. 1.37 "Leaf and Yard Material" means leaves, weeds, trimmings, flowers, small twigs less than 1.5 cm in diameter and other Material As Designated, but does not include Grass Clippings, Brush, soil, dirt, roots, rocks, logs, stumps or sod. Page 252 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 10 of 71 1.38 "Leaf and Yard Container" means reusable, rigid containers, paper bags or certified plastic compostable plastic bags As Designated by the Region. It does not include cardboard boxes or non-compostable plastic bags. 1.39 "Litter" means debris, refuse, or Material(s) disposed of in non-designated areas, discarded outside the regular Collection Point, or lying scattered about the area. 1.40 "Liquid Material" means Material which is not solid and which exhibits evidence of free water, or other liquids, whether or not contained. 1.41 "MPAC" means the Municipal Property Assessment Corporation. 1.42 "Material" is the broadest categorization of all that a Person or Owner wishes to dispose or divert from disposal either through public collection or at a Regional Drop-Off Location. Subcategories of Material for collection are Collectable Material, including Recyclables and Non Recyclables, to be prepared according to the class instructions in this By-law, and excluded Non-Collectable Material. Any Material may also be Non-Compliant because of its content or preparation. Subcategories of Material for drop- off at Regional Drop-Off Locations are Acceptable Material, to be prepared according to the category instructions in this By-law, and excluded Unacceptable Material. 1.43 "Multi-Purpose Property" means a single property as defined by MPAC and/or contained in applicable Site Plan Conditions, housing multiple Premises types. 1.44 “Niagara region” and “Niagara” means the geographic area within The Regional Municipality of Niagara. 1.45 "Non-Collectable Material" means Material forbidden, prohibited and not acceptable for Curbside collection pursuant to this By-law including: (a) hazardous waste which is corrosive, flammable, toxic, explosive or biomedical, or as defined in Ontario Regulation 347: General – Waste Management, R.R.O. 1990, under the Environmental Protection Act, R.S.O. 1990, c. E.19, or any successor legislation; Page 253 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 11 of 71 (b) prohibited Material, as defined under the Transportation of Dangerous Goods Act, 1992, S.C. 1992, c.34, or any successor legislation; (c) pathological waste, as defined and regulated in Ontario Regulation 347: General – Waste Management, R.R.O. 1990, under the Environmental Protection Act, R.S.O. 1990, c. E.19, or any successor legislation; (d) solid and liquid waste Material or substances which contain or could contain pathogen bacteria or micro-organisms that may be hazardous or dangerous; (e) motor vehicles or automotive parts including tires; (f) live animals or fowl or carcasses or part of an animal or other creature, save for normal and bona fide Green Bin Material, which has been drained of all liquids; (g) septic or holding tank pumpings or raw sewage; (h) Material of any kind or nature that may be explosive or combustible or may cause fire including hot coals, ashes, oil-soaked or gasoline soaked rags, papers, cloths or similar Material; (i) gaseous, semi-liquid or liquid waste including liquid industrial waste as defined in Ontario Regulation 347: General – Waste Management, R.R.O. 1990, under the Environmental Protection Act, R.S.O. 1990, c. E.19, or any successor legislation; (j) sealed metal drums or barrels; (k) other Material as prohibited in any relevant Environmental Compliance Approval issued by the Ministry of the Environment, Conservation and Parks under the relevant legislation; (l) sharps; (m) construction, renovation or demolition Material, including windows; Page 254 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 12 of 71 (n) grass clippings; (o) Electrical and Electronic Equipment (EEE), as defined in Ontario Regulation 522/20: Electrical and Electronic Equipment, under the Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c.12, or any successor legislation; (p) batteries (all types), as defined in Ontario Regulation 30/20: Batteries, under the Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c.12, Sched. 1, or any successor legislation; (q) White Goods; and (r) other Material As Designated. 1.46 "Non-Compliant" and “Non-Compliance” means Material not prepared for collection or Regional Drop-Off Location deposit in accordance with the requirements set out in this By-law. 1.47 “Non-Designated Area” means an area which has not been designated for a particular purpose. 1.48 “Nuisance” includes, but is not limited to, the following: (a) disorderly conduct; (b) public drunkenness or public intoxication; (c) the unlawful sale, furnishing, or distribution of alcoholic beverages or controlled substances; (d) the deposit of refuse on the site; (e) damage to, or destruction of, public or private property on the site; (f) traffic that obstructs the free flow of persons and motor vehicles, or could interfere with the ability to provide emergency services; (g) unreasonable noise, including loud music or shouting; Page 255 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 13 of 71 (h) unlawful open burning or fireworks; (i) public disturbances, including public brawls or fights; (j) outdoor public urination or defecation; and/or (k) use of or entry upon a roof not intended for such occupancy. 1.49 "Owner" includes but is not limited to: (a) a Person who is the registered owner and or the beneficial owner of Premises which is subject to this By-law; (b) the Person for the time being managing or receiving the rent from Premises, which is subject to this By-law, whether on the Person's own account or as agent or trustee of any other Person or who would receive the rent if the Eligible Property was let; and (c) a Person who is a lessee or occupant or tenant of the Premises who in their capacity as lessee or occupant manages or is in charge or control Premises, which is subject to this By-law. There may be more than one Owner within the forgoing definition with respect to a particular Premises. 1.50 "Person" includes a partnership, an unincorporated association, a corporation, a cooperative society or a cooperative organization, the successors of a partnership, of an association, of a corporation, of a society or of an organization and the heirs, executors, liquidators of the succession, administrators or other legal representatives of a Person. 1.51 "Pet Waste" means animal excrement/droppings generated by small household pets including cats, dogs, small rodents or other similar indoor pets kept for companionship and enjoyment, kept in kennels and/or breeders, and including kitty litter, wood shavings and other natural pet bedding, newspaper cage liners, feathers, and fur, whether separate or intermingled with such excrement/droppings, but does not include animal excrement generated by horses, cows, chickens or other similar farm, wild, working, undomesticated or commercial livestock animals. Page 256 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 14 of 71 1.52 "Premises" means land and buildings combined in the geographic area of Niagara region or a part of such land and buildings combined in the case of land and buildings which contain multiple self-contained units with respect to which a Person is considered an Owner. Premises shall be categorized by type in accordance with the definitions contained in Schedule “A”. 1.53 “Private Property” means any land or building that is registered to a Person on title in the Land Registry Office or Land Titles Division, as the case may be, that is not owned by an Area Municipality in the Region, a Conservation Authority, a Local Board, the Region, or the Crown in Right of Ontario, the Crown in Right of Canada or any emanations thereof, unless it is leased to a person or corporation not listed above. (a) Producer Responsibility Organization (PRO)” means private enterprises established to contract with producers to meet their obligations under the Blue Box regulation which includes establishing or operating a collection and management system, promotion and education system, preparing and submitting reports, customer service and representing producers for any purposes under the extended producer responsibility under the new Blue Box Regulation (O.Reg 391/21 as amended from time to time). Circular Materials Ontario (CMO) has been selected as the lead PRO in the province to oversee the new Blue Box program on behalf of the producers. 1.54 “Public Property” means any land or building that is owned by an Area Municipality, an Agency, Board and Commission, the Region, or the Crown in Right of Ontario, the Crown in Right of Canada or any emanations thereof. 1.55 “Public Space Litter/Recycling Bin” means a container that is placed in a public area for use by general public for the purpose of holding litter that has been thrown away by public space users. The bins are not intended for Materials that have been privately generated by a business or residence or Non-Collectable Material. 1.56 "Region" or "the Region" means The Regional Municipality of Niagara or an authorized representative of The Regional Municipality of Niagara, including Page 257 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 15 of 71 a Regional Drop-Off Location site attendant, a contractor or its employee, or a by-law enforcement officer, as appropriate in the context. 1.57 "Regional Drop-Off Location" means a temporary or permanent location set up by the Region for drop-off of Material including but not limited to waste, recyclables, compost, or household hazardous waste. 1.58 “Regional Property” means all property, including lands and buildings, owned, leased, rented, controlled and/or managed by the Region, within the geographic area that is Niagara. 1.59 "Registered Charities" are charitable organizations, public foundations, or private foundations that are created and reside in Canada and have been issued a charitable registration number by the Canada Revenue Agency (CRA). They must use their resources for charitable activities and have charitable purposes in one or more of the following: the relief of poverty, the advancement of education, the advancement of religion, or other purposes that benefit the community. To receive exemption under Section 13.8 of this By-law, the Registered Charities must be the direct generators of Blue Box Material, Grey Box Material, Green Bin Material or Garbage. 1.60 "Scavenge" means the unauthorized removal of Materials that have either been placed out for collection, or in the location where the container (containerized waste/carts) is stored and filled before being moved to the collection location. (a) “Rigid Plastic" means hard plastic items that are not accepted for Curbside Collection but are accepted as part of the Region’s diversion programs for drop off depot service only such as but not limited to discarded and broken recycling containers, buckets, pails, pots, crates, trays, baskets, totes, toys, pools, furniture, chairs and car seats with no other parts, metal or Material attached. Rigid plastic items do not include plastic coolers, piping, siding or any plastic that also contain or have attached any wood, metal, insulation, rubber and non-plastic components. Batteries must be removed. Page 258 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 16 of 71 1.61 "Set Out Service" means the provision of onsite service, as approved by the Region, for Owners living in Type A Premises as listed in Schedule “A” to this By-law and who are unable to physically carry their Garbage, Blue/Grey Box Materials and Green Bin Material to the curb for Curbside collection. Set Out Service only includes Garbage, Blue/Grey Box and Green Bin Material. Set Out Service does not include Leaf and Yard Material, Bulky Goods, Brush, or any other excluded items, As Designated by the Region. 1.62 "Sharps" means blades, needles, syringes, including safety engineered needles, laboratory glass, or other Materials capable of causing punctures or cuts. 1.63 "Site Plan Conditions" means comments and conditions provided by the Region during the site plan, subdivision plan or condominium application process pursuant to the Region's Policy C-A-002 "Requirements for Waste Collection". 1.64 “Unacceptable Material” means Material which is not accepted at a Regional Drop-Off Location. Unacceptable Material includes: (a) any dangerous and hazardous Material such as poisons, hot live ashes, caustics, acids, pesticides, herbicides, radioactive Material, industrial process sludge, biomedical waste, or substances which may cause personal or environmental problems with the exception of the Household Hazardous Waste categories as set out in Section 26; (b) ammunition; (c) reactive chemical waste; (d) liquid waste with the exception of certain Household Hazardous Waste categories as set out in Section 26; (e) pathological waste with the exception of sharps, which are collectable at Household Hazardous Waste Drop-Off Depots only; (f) sludge from septic tanks or seepage; Page 259 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 17 of 71 (g) highly flammable, volatile, explosive, reactive or radioactive Materials with the exception of certain Household Hazardous Waste categories as set out in Section 26; (h) leachate toxic waste; (i) PCB waste; (j) carcasses of dogs, cats, fowl and other such creatures, or parts thereof; (k) live animals or birds; (l) human excrement; (m) steel and plastic barrels, unless the lid is removed and the barrel is empty and dry; (n) automotive parts, not including automobile tires or small automotive parts; (o) waste with excess liquid accumulated in the load or Material that fails a slump test; (p) asbestos not prepared as set out in Section 28; (q) organic Material which has decomposed under anaerobic conditions; and (r) other Material As Designated. 1.65 "Waste Disposal Site" means (a) any land upon, into, in or through which, or building or structure in which, waste is deposited, disposed of, handled, stored, transferred, treated or processed, and (b) any operation carried out or machinery or equipment used in connection with the depositing, disposal, handling, storage, transfer, treatment or processing referred to in clause (a), as defined in the Environmental Protection Act, R.S.O. 1990, Ch. E.19, or any successor legislation. Page 260 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 18 of 71 1.66 "White Goods" means major household appliances or items such as stoves, washers, dryers, dishwashers, dehumidifiers, water tanks, barbeques, swing sets, bicycles, air-conditioning units, heat-pumps, microwaves, refrigeration units or freezer units and other Material As Designated. PART II - COLLECTION SERVICES 2. General Collection Provision 2.1 The Region provides collection of all Collectable Material from Eligible Properties in the Region according to the terms of this By-law and subject to other terms As Designated. 2.2 As of January 1, 2024, the Region will transition to extended producer responsibility and will no longer provide Blue Box and Grey Box collection services for Eligible sources under the provincial Common Collection System. 2.3 The Region also provides enhanced services as requested, approved and funded by local municipalities. 2.4 No Owner shall be eligible for collection unless the Owner complies with this By-law and other terms As Designated. 2.5 The Region may retain a contractor or contractors to fulfill the Region's responsibilities under this By-law. 2.6 If, due to breakdown of equipment, strike, inclement weather, or any other cause, waste collection is not provided to an Eligible Property, the Region shall not be liable to any Person for any damages, costs, loss or expenses of any kind due to the failure of such waste collection to take place. 3. Classes of Collectable Material 3.1 The Classes of Collectable Material are: (a) Recyclable Material: Page 261 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 19 of 71 i. Blue Box Material; ii. Brush; iii. Christmas Trees; iv. Green Bin Material; v. Grey Box Material; vi. Leaf and Yard Material; and vii. Other recyclable Material As Designated. (b) Non-Recyclable Material: i. Bulky Goods; ii. Garbage; and iii. Other non-recyclable Material As Designated. 3.2 All other Material is Non-Collectable Material and is not to be placed out for collection. Page 262 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 20 of 71 4. Separate According to Class and Class Provisions 4.1 If collection service is available to an Eligible Property for any of the above Classes, then the Material which an Owner sets out for collection must be separated according to Class. 4.2 Every Owner shall prepare Collectable Material according to the provisions in Sections 5 through 13 of this By-law relevant to each Class of Material. 5. Brush 5.1 Brush shall be set out for collection in accordance with the schedule of collection days As Designated and: (a) shall be packaged in bundles where each individual piece of Material shall not exceed 7 cm (2.8 inches) in diameter and where each bundle shall not exceed: i. a size of 1.5 m (5 feet) in length by 0.5 m (1.6 feet) in diameter; and ii. a weight of 22.7 kg (50 pounds); and (b) if collected on the same day as other Material, shall be clearly separated from any other class of Material set out for collection. 5.2 Brush are only collectable from a Type A Premises as defined in Schedule “A” to this By-law. Further information on the collection of Bulky Goods is available from the sources noted in Section 54 of this By-law. 6. Bulky Goods 6.1 Bulky Goods are only collectable from a Type A Premises as defined in Schedule “A” to this By-law. Further information on the collection of Bulky Goods is available from the sources noted in Section 54 of this By-law. 6.2 Bulky Goods set out for Curbside collection: (a) shall be in a contained state neatly placed at the Curbside; Page 263 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 21 of 71 (b) shall not be stacked; (c) shall not have Material stacked or loose set on top of Bulky Goods; (d) shall be dismantled if possible; (e) shall not include Construction, Renovation and Demolition Material; (f) must be of a weight and dimension to be able to fit into the collection vehicle in a safe and efficient manner, As Designated by the Region; and (g) limit of four (4) items per collection per Eligible Property. 6.3 The Owner must arrange in advance with the Region's collection contractor for the scheduled collection of Bulky Goods As Designated. Information on how to schedule collection is available from the sources noted in Section 54 of this By-law. 6.4 Contaminated items (e.g. mattresses with bed bugs), as determined by the Region, must be wrapped in plastic to be eligible for pick up. 6.5 Artificial Christmas Trees shall be set out for scheduled collection as Bulky Goods. 6.6 Collectable Material which can fit within a regular Garbage Container should not be disposed of as Bulky Goods, but as Garbage. 6.7 Glass, not including windows, are collectable as Bulky Goods if: (a) placed in a separate, sturdy, walled container to be collected with its glass shard contents, and secured so as to remain closed and to protect the safety of collection personnel; (b) labelled appropriately (i.e. "Glass"); and (c) large glass pieces (greater than 1.5ft by 1.5ft) must be removed from any bulky item, packaged or wrapped separately in a cardboard, bubble wrap or another approved packaging Material, and Page 264 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 22 of 71 appropriately labelled (i.e. " Glass") to protect the safety of collection personnel.” 7. Christmas Trees 7.1 Christmas Trees shall be set out for Curbside collection without wrapping, bagging, tinsel, lights or any other decorations, in accordance with the schedule of collection days and times As Designated. Further information on the collection of Christmas Trees is available from the sources noted in Section 54 of this By-law. 7.2 Christmas Trees are only collectable from Type A Premises, as defined in Schedule “A” to this By-law. 7.3 No Owner shall set out a Christmas Tree unless it, or segments cut from it, are less than 3 metres (10 feet) in length and free of all accessories, decorations and plastic wrap. No Artificial Christmas Trees, wrapped or bagged trees, will be collected for this purpose. Refer to Section 6, Bulky Goods, for the collection of Artificial Christmas Trees. 8. Blue Box Material 8.1 Blue Box Material shall be set out for collection according to the following requirements: (a) Blue Box Material must be packaged as follows: i. in designated recycling containers (Blue Box/Cart) only for Type C-F Premises as set out in Schedule “A” to this By-law available from the Region; or ii. in a Cart only for Type C-F Premises as set out in Schedule “A” to this By-law for”; or iii. in clearly marked, reusable, solid-walled, rigid containers with handles or indentations on two (2) sides to facilitate the lifting and emptying of the said receptacle; or Page 265 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 23 of 71 iv. in a sturdy non-waxed cardboard box (box will be recycled); and (b) Blue Box containers shall meet the following requirements: i. height not exceeding a size of up to 91 cm (3 feet) measured internally from the bottom of the receptacle to the top lip of the opening; and no width exceeding a size of up to 61cm (2 feet) measured internally from side to side, not corner to corner, or as determined by the Region; and ii. not exceeding a weight (of container and Material together) of 22.7 kg (50 pounds); and iii. Carts for Type C-F Premises are exempt from 8.1 (b) (i) and (b) (ii)”; and iv. be of sufficient quality to withstand normal collection activities and use; and v. for Blue Box containers with lids, the lid must be readily separable from the container. Any devices used to tie down or secure any lids must be removed by the Owner prior to collection; and (c) contents shall not exceed the limits of the top of the Blue Box container; and (d) must be clearly separated from any other class of Material set out for collection on the same Premises. 8.2 Blue Box Material that is loose or not packaged as outlined above may not be collected. 8.3 Further information on the collection of Blue Box Materials is available from the sources noted in Section 54 of this By-law. 9. Leaf and Yard Material Page 266 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 24 of 71 9.1 Leaf and Yard Material shall be set out for Curbside collection: (a) packaged in rigid, reusable containers or compostable paper bags or certified compostable plastic bags As Designated: i. height not exceeding a size of up to 91 cm (3 feet) measured internally from the bottom of the receptacle to the top lip of the opening; and no width exceeding a size of up to 61cm (2 feet) measured internally from side to side, not corner to corner, or as determined by the Region; and not exceeding a total weight (of container and Leaf and Yard Material together) of 22.7 kg (50 pounds.); and ii. for Leaf and Yard Containers with lids, the lid must be readily separable from the container. Any devices used to tie down or secure any lids must be removed by the Owner prior to collection; and iii. be of sufficient quality to withstand normal collection activities and use; and iv. be clearly identifiable as Leaf and Yard Material from the collection vehicle with the use of labels, or an open-top container; and (b) in such a way as to clearly separate it from any other class of Collectable Material set out for collection on the same Premises. 9.2 Non-compostable plastic bags (without a 'Biodegradable Products Institute' (BPI) logo or '100% Compostable' logo) or cardboard boxes are not permitted. 9.3 Leaf and Yard Material is only Collectable from Type A Premises as defined in Schedule “A” to this By-law. 9.4 Further information on the collection of Leaf and Yard Material is available from the sources noted in Section 54 of this By-law. 10. Green Bin Material Page 267 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 25 of 71 10.1 Green Bin Material shall be set out for Curbside collection packaged: (a) in a Green Bin Container available from the Region or other suitable containers in accordance with section 10.1 (c) packaged in: i. Compostable plastic bags with BPI logo or 100% Compostable logo; ii. Paper bags; iii. Wrapped in newspaper; and/or iv. Placed directly into the Green Bin container in a loose fashion. (b) in a Cart only for Type B-F Premises as set out in Schedule “A” to this By-law for; or (c) in other containers labelled "Organics": i. height not exceeding a size of up to 91 cm (3 feet) measured internally from the bottom of the receptacle to the top lip of the opening; and no width exceeding a size of up to 61 cm (2 feet) measured internally from side to side, not corner to corner, or as determined by the Region; and ii. not exceeding a total weight (of container and Green Bin Material together) of 22.7 kg (50 pounds); and iii. which are equipped with handles; and iv. be of sufficient quality to withstand normal collection activities and use; and v. Carts are exempt from section 10.1 (c) i-iii; and (d) in such a way as to clearly separate it from any other class of Collectable Material set out for collection on the same Premises. Page 268 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 26 of 71 10.2 Small amounts of Leaf and Yard Material including weeds, garden Material, trimmings, and twigs smaller than 1.5 cm (0.5 inches) in diameter and no longer than 30.5 cm (12 inches), excluding Grass Clippings, are permitted as Green Bin Material. 10.3 Pet Waste and kitty litter shall be either bagged using small certified compostable plastic bags As Designated, paper bags or completely wrapped in newspaper before being placed in the Green Bin/Cart or other labelled container as above. 10.4 Green Bin Material that has a tendency to turn into liquid, as determined by the Region, shall be packaged and not be loose so the liquid does not leak or spill during collection. Liquid Material or Material that exhibits evidence of free water, or other liquids, whether or not contained is not permitted in the Green Bin/Cart. The collection service is designed for solid Material. 10.5 Further information on the collection of Green Bin Material is available from sources noted in Section 54 of this By-law. 11. Grey Box Material 11.1 Grey Box Material shall be set out for collection according to the following requirements: (a) Grey Box Material must be packaged as follows: i. in designated recycling containers (Grey Box/Cart) only for Type C-F Premises as set out in Schedule “A” to this By-law available from the Region; or ii. in a Cart only for Type C-F Premises as set out in Schedule “A” to this By-law”; or iii. in a Cart only for Type B-F Premises as set out in Schedule “A” to this By-law; or iv. in a sturdy non-wax cardboard box (box will be recycled); or vi. in case of cardboard, must bundle together in bundles not exceeding a size of 91 cm (3 feet) in width by 91 cm (3 feet) Page 269 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 27 of 71 in length by 91 cm (3 feet) in depth and not exceeding a weight of 22.7 kg (50 pounds); or vii. in the case of flattened cardboard placed inside another cardboard box, which cardboard box must not exceed a size of 91 cm (3 feet) in width by 91 cm (3 feet) in length by 91 cm (3 feet) in depth and not exceeding a weight of 22.7 kg (50 pounds); Loose cardboard must be flattened and tied using twine, packing tape or an approved alternative, in bundles no larger than 91 cm (3 feet) x 91 cm (3 feet) x 91 cm (3 feet), and not exceeding a weight of 22.7 kg (50 pounds); or viii. in the case of plastic bags and stretchy plastic outer-wrap, by placing all loose plastic bags or plastic film in one securely tied Plastic Bag (not loose in the Grey Box); and (b) Grey Box containers must meet the following requirements: i. height not exceeding a size of up to 91 cm (3 feet) measured internally from the bottom of the receptacle to the top lip of the opening; and no width exceeding a size of up to 61cm (2 feet) measured internally from side to side, not corner to corner, or as determined by the Region; and ii. not exceed a weight (of container and Material together) of 22.7 kg (50 pounds); and iii. iii. Carts for Type C-F Premises are exempt from section 11.1 (b) (i) and (b) (ii) iv. be of sufficient quality to withstand normal collection activities and use; and v. for Grey Box containers with lids, the lid must be readily separable from the container. Any devices used to tie down or secure any lids must be removed by the resident prior to collection; and Page 270 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 28 of 71 (c) contents placed within a Grey Box container shall not exceed 91 cm (3 feet) x 91 cm (3 feet) x 91 cm (3 feet); and (d) clearly separated from any other class of Collectable Material on the same Premises. 11.2 Grey Box Material that is loose or not packaged as outlined above may not be collected. 11.3 Further information on the collection of Grey Box Material is available from sources noted in Section 54 of this By-law. 12. Garbage 12.1 Material not included in the other Classes of Collectable Material of this Bylaw shall be set out for collection as Garbage, and (a) packaged in a Garbage Container: i. height not exceeding a size of up to 91 cm (3 feet) measured internally from the bottom of the receptacle to the top lip of the opening; and no width exceeding a size of up to 61cm (2 feet) measured internally from side to side, not corner to corner, or as determined by the Region; and ii. not exceeding a weight (of container and waste) of 22.7 kg (50 pounds); and iii. receptacle, can, bin or other container As Designated must be equipped with handles on two (2) sides; and iv. be of sufficient quality to withstand normal collection activities and use; and (b) such that the contents shall not exceed the limits of the top of the Garbage Container; and (c) in such a way as to clearly separate it from any other classes of Collectable Material on the same Premises; and Page 271 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 29 of 71 (d) if required by this By-law, with the relevant Garbage Tag affixed, refer to Section 13.1 (a); and (e) containing no other Classes of Collectable Material including but not limited to Leaf and Yard Material, Green Bin Material, Blue Box Material and Grey Box Material and Non-Collectable Material. 12.2 For Garbage Containers with lids, the lid must be readily separable from the container. Any devices used to tie down or secure any lids must be removed by the Owner prior to collection. 12.3 Garbage that is Non-Compliant, or which contains other classes of Collectable Material and/or Non-Collectable Material, may not be collected. 12.4 The Region reserves the right to implement additional safeguards for “sensitive” Materials, which shall include, but not be limited to, items such as medical waste, health-related waste, and personal protective equipment. 13. Collection Limits and Procedure for Garbage Exemptions 13.1 The maximum number of Garbage Containers set out every-other-week for Type A, B, E, F Premises and every week for Type C and D Premises shall be as set out in Schedule “A” to this By-law as follows: (a) An Owner of a Type A self-contained unit may set out additional Garbage Containers provided that each extra Garbage Container has the appropriate Garbage Tag affixed, which Garbage Tag has been purchased from the Region or its authorized vendor; and (b) the Garbage Tag shall be affixed: i. untampered to a Garbage Container (i.e. torn in half) to the neck of a waterproof bag or on top of the Materials placed in a Garbage Container to allow additional limit of Garbage to be set out for collection. Only Type A Premises as defined in Schedule “A” of this By-law are eligible to use a Garbage Tag. Any tampered Garbage Tags will not be accepted and Material will not be collected; and Page 272 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 30 of 71 ii. in a clearly visible location readily seen upon removal of the container's lid for a non-disposable Garbage Container such as a Garbage can, bin or receptacle. The Garbage Tag shall not be placed directly on the can, bin, handle or receptacle. iii. Information on Garbage Tags is available from the sources noted in Section 54 of this By-law. (c) an Owner of Premises may be allowed a Garbage Exemption if they do not also have private Garbage collection services, and subject to application and approval by the Region for the following reasons: i. A medical condition that results in the generation of additional Garbage for Type A Premises and group homes, homes for adults with disabilities and homes for assisted living; ii. Type A Premises with one child under the age of four in diapers can apply for collection of one (1) transparent plastic bag of diapers combined with no other collectable Material, to be collected on the week alternate to their regularly scheduled Garbage collection day. These properties are restricted to two Garbage Containers and no additional bag of diapers on their regularly scheduled Garbage collection day. iii. Type A Premises with two children under the age of four in diapers can apply for weekly collection of one (1) transparent plastic bag of diapers combined with no other Collectable Material; iv. Type A Premises with three or more children under the age of four in diapers can apply for weekly collection of two (2) transparent plastic bag of diapers combined with no other Collectable Material; v. Type A Premises operating as an in-home child care provider can apply for weekly collection of two (2) additional Page 273 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 31 of 71 transparent plastic bag of diapers combined with no other Collectable Material. (d) an Owner of a Type A Premises may set out two (2) additional Garbage Containers during Amnesty Week; (e) an Owner of Type B Premises may set out for collection a maximum of two (2) containers per unit up to a maximum of twenty- four (24) containers every-other week per Premises; (f) an Owner of Type B Premises may set out a maximum of two (2) additional Garbage Container per unit up to a maximum of twenty four (24) additional Garbage Containers per Premises during Amnesty Week; (g) an Owner of Type C-D Premises may set out for collection a maximum of four (4) Garbage Containers weekly; (h) an Owner of Type D Premises may set out four (4) additional Garbage Containers during Amnesty Week; (i) an Owner of Type E and F Premises may set out for collection a maximum of eight (8) Garbage Containers every-other-week; (j) an Owner of Type F Premises may set out eight (8) additional Garbage Containers during Amnesty Week. 13.2 The number of Blue Box, Grey Box or Carts which may be collected from different types of Premises shall be as set out in Schedule “A” to this By- law, that is: (a) for Type A Premises, As of January 1, 2024, the Region will no longer provide Blue Box and Grey Box collection services for this property type and this will be under the provincial Common Collection System. (b) for Type B Premises, as of January 1, 2024, the Region will no longer provide Blue Box and Grey Box collection services for this property type and this will be under the provincial Common Collection System” Page 274 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 32 of 71 (c) for Type Cand D Premises, an Owner may set out for collection unlimited Blue and Grey Boxes or Carts, but will be subject to review by the Region to ensure that efficient and cost effective services are maintained. (d) for Type E and F Premises, an Owner may set out for collection up to a combined total of eight (8) Blue and Grey Carts or the equivalent number of units as determined solely by the Region. Type E Premises that consistently exceed the eight (8) Cart equivalent limit with Boxes or bundles, as solely determined by the Region, will be encouraged to use Carts. If the Owner of a Premises fails to switch to Cart collection, despite the Region's attempts to encourage the switch, the Region may, at their discretion, and upon written notice to the Owner, cease collection from the Premises until such time as the property switches to adequate Cart collection, to the satisfaction of the Region” 13.3 The number of Green Bin Containers or Carts which may be collected from different types of Premises shall be as set out in Schedule “A” to this By- law, that is: (a) for Type A Premises, an Owner may set out for collection unlimited Green Bins; (b) for Type B Premises, an Owner may set out for collection Green Bins or Green Carts on a request only basis in the quantity determined by the Region; (c) for Type C, D and F Premises, an Owner may set out for collection unlimited Green Bins or Carts, but will be subject to review by the Region to ensure that efficient and cost effective services are maintained; (d) for Type E Premises, an Owner may set out for collection up to eight (8) Green Carts or the equivalent number of Green Bins as determined solely by the Region. Type E Premises that consistently exceed the eight (8) Cart equivalent limit with Green Bins, as solely determined by the Region, will be encouraged to use Carts. If the Page 275 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 33 of 71 Owner of a Premises fails to switch to Cart collection, despite the Region's attempts to encourage the switch, the Region may, at their discretion, and upon written notice to the Owner, cease collection from the Premises until such time as the property switches to adequate Cart collection, to the satisfaction of the Region. 13.4 In all cases, except for the provision under section 2.2, the Material collected during collection must be Material generated at the self-contained unit for Type A Premises or on the Premises for Type B-F Premises. 13.5 Type A Premises that use private Garbage collection services or are not able to stay within the Garbage limit, as determined by the Region, are subject to review by the Region and may not be eligible for Garbage and/or Bulky collection services as Designated. This applies to both base and enhanced service, where applicable. 13.6 To be eligible for Garbage collection services, Premises that are eligible to receive recycling collection services under the provincial Common Collection System must utilize the provincial recycling collection program and the Region’s organics collection services. Premises which are not eligible to participate in the provincial recycling collection program under the provincial Common Collection System must utilize both the Region’s Blue/Grey Box Material and Green Bin Material collection service. This applies to both base and enhanced service, where applicable. 13.7 Any Type C or E Premises, as shown in Schedule “A” with a building greater than three (3) storeys, as determined by the Region, excluding municipal or Region owned buildings are not eligible for any collection services. 13.8 Any Type C-F Premises, as shown in Schedule “A”, which is not eligible to receive recycling collection services under the provincial Common Collection System that retain private service for Blue or Grey Box Material collection will not be eligible for Regional collection services. An exemption to this clause applies for regional and municipal facilities, Regional Agencies, Boards and Commissions, as well as Registered Charities, subject to application and approval by the Region. Page 276 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 34 of 71 13.9 Collection limits for types of Premises are determined by the Region in accordance with Schedule “A” using the property classifications designated by MPAC and/or contained in applicable Site Plan Conditions. In the event of discrepancy, the Region's designation of the Premises type will prevail. If an Owner disagrees with the number of units contained within the Premises as assessed, it is up to the Owner to provide proof of the actual number of legally existing individual units within the Premises. In the absence of provision of proof to the satisfaction of Niagara Region, the limit for the Premises in question shall be as determined by the Region. In the event of a Multi-Purpose Property, each individual Premises is subject to their respective eligibility requirements and collection limits. 13.10 On a request basis, residential farms, as determined by the Region using the property classification identified by MPAC, can receive either Type A or Type E collection limits. If a residential farm does not request a farm exemption, the premises will be serviced, as per their property classification identified by MPAC, as set out in Schedule “A” to this By-law. PART III - COLLECTION RESTRICTIONS AND RESPONSIBILITIES 14. Collection Restrictions and Responsibilities 14.1 No Person or Owner shall set out or permit to be set out: (a) Non-Collectable Material; or (b) Non-Compliant Material. 14.2 The Owner of Premises shall set out for collection the Classes of Collectable Material at the locations as shown in Section 15, in the manner of, and in accordance with the schedules of collection days As Designated. See Section 54 of this By-law for further sources of schedule and Material preparation information. 14.3 If the Owner of a Premises fails to comply with the responsibilities and requirements as set out in this By-law, the Region may, at the discretion of the Commissioner of Public Works or his/her designate, and upon written Page 277 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 35 of 71 notice, either by ordinary mail (where receipt is deemed to be three (3) days after mailing), registered mail or hand delivered, to the Owner, cease collection from the Premises until such time as the Non-compliance is corrected to the satisfaction of the Region. 14.4 If the Owner of a Premises or a tenant engages in any inappropriate behaviour, riotous, violent, threatening or illegal conduct, or uses profane or abusive language, as determined by the Region, towards Region staff or contractors' staff, the Region may, at the discretion of the Commissioner of Public Works or his/her designate, and upon written notice to the Owner, cease collection from the Premises until such time as the inappropriate behaviour, conduct and/or language is corrected to the satisfaction of the Region. 14.5 The Owner of any Premises receiving collection shall be responsible to ensure that all Persons on the Premises who use or expect to use the Region's collection service receive and follow the instructional information relating to the service provided by the Region. 14.6 The Owner of any Premises receiving collection shall be responsible to ensure that animals such as dogs are secured or tied to ensure safety of collection workers and uninterrupted collection. 14.7 The Owner of a Premises shall not interfere with collection vehicles or personnel. 14.8 The Owner of a Premises shall not deposit any Material into a collection vehicle. 14.9 In the event a change is made to the schedules of collection day As Designated, the Region shall make reasonable efforts to advise all affected persons by publication or service of notice upon the Owner of the affected Premises as provided for in this section. Publication for purposes of this section means notice placed on the Region's website at least fourteen (14) days prior to any As Designated changes to collection schedule or area being implemented. Service of notice by the Region for purposes of this section means notices given to the Owner of affected Premises either mailed by ordinary mail (where receipt is deemed to be three (3) days after Page 278 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 36 of 71 mailing), registered mail, or hand delivered to the address of the Owner according to the last revised assessment roll of the subject property or by posting the notice at the subject property, and such service shall be deemed good and sufficient notice effective upon delivery. Information posters and media releases may be used, in addition to the above publication or service methods. In the event of an emergency situation, as determined by the Region, involving a matter of public health and safety or a legal or regulatory requirement which requires As Designated changes to be implemented faster than on fourteen (14) days' notice, the Region may in its discretion provide less than fourteen (14) days' prior notice but will endeavour to provide as much notice as reasonably practicable. 15. Collection Location 15.1 Except as set out in Section 15.2 the Owner of Premises shall set out Material for collection by placing it at Curbside in front of the Premises in a location to clearly distinguish separation from a neighbouring Premises and as close as possible to the travelled portion of the road without obstructing or interfering with the travelled portion of the road or any sidewalk. 15.2 The Owner of Premises shall set out Material at a collection point or Communal Collection point approved or as determined by the Region. Dwelling Units that place their Material at a Communal Collection point must ensure all collection containers are labelled with the Dwelling Unit address to clearly distinguish separation from neighbouring Dwelling Units. 15.3 No Owner shall place Material out for collection at any Premises except at their own Premises. 15.4 No Owner shall permit Material at any time in the Care and Control of that Owner to be located otherwise than on their Premises or in a Collection location permitted by Section 15 of this By-law. 15.5 No Owner shall place Material out for collection on top or behind snow banks. This will ensure the Material can safely be collected and prevent containers from falling behind the snow bank or onto the roadway before or after collection. During winter weather, when snow or snow banks may alter the normal set out location, the Owner shall place the Material: Page 279 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 37 of 71 (a) at the end of the driveway next to the snow bank; or (b) in a spot cleared out in the side of the snow bank near the travelled portion of the road. 15.6 Material shall not be collected from inside an enclosure, shed or other structures As Designated, unless otherwise approved by the Region. Enclosures must be placed as close as possible to the travelled portion of the road without obstructing or interfering with the travelled portion of the road or any sidewalk, unless otherwise approved by the Region. Collection personnel must be able to access Materials from enclosures by opening the enclosure from the front not the top and must be able to remove Materials from the enclosure without any obstruction. 16. Collection Times and Collection Days 16.1 Collectable Material shall be set out not earlier than 5:00 p.m. on the day before the designated collection day and not later than 7:00 a.m. on the designated collection day. 16.2 The Owner shall remove all containers, together with any Material that was not collected for any reason, from the Curbside as soon as possible after collection, but not later than 7:00 p.m. on the designated collection day. 16.3 Material left Curbside before and after collection times will be the responsibility of the Owner of the Premises. 16.4 For Designated Business Areas with a designated collection time before noon (12:00 p.m.), Collectable Material shall not be set out earlier than 5:00 p.m. on the day before the designated collection time. 16.5 For Designated Business Areas with a designated collection time after noon (12:00 p.m.), Collectable Material shall not be set out earlier than one (1) hour prior to the designated collection time. 16.6 From time to time, the Region may define specific collection times other than those referenced above for As Designated areas. The Owner of a Premises in an As Designated area shall set out Collectable Material for Page 280 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 38 of 71 collection at the prescribed times and schedule As Designated which will be published or communicated by the Region for the As Designated areas. Publication for purposes of this Section means notice placed on the Region's website at least fourteen (14) days prior to any As Designated changes to collection schedule or area being implemented. Communication by the Region for purposes of this Section means notices given to Owner of affected Premises either mailed by ordinary mail (where receipt is deemed to be three (3) days after mailing), registered mail or hand delivered to the address of the Owner according to the last revised assessment roll of the subject property or the notice may be posted at the subject property, and such service shall be deemed good and sufficient service, effective upon delivery. Information posters and media releases may be used, in addition to the above publication or communication methods. In the event of an emergency situation, as determined by the Region, involving a matter of public health and safety or a legal or regulatory requirement which requires As Designated changes to be implemented faster than on fourteen (14) days' notice, the Region may in its discretion provide less than fourteen (14) days' prior notice but will endeavour to provide as much notice as reasonably practicable. 17. Acceptable Containers 17.1 The Owner of Premises shall set out for collection only containers which are: (a) maintained in a safe and efficient condition for collection and have handles or indentations to facilitate the lifting and emptying of the said receptacle; and (b) intact, as required, to prevent spillage or breakage during collection; and (c) contained, as required, to prevent the attraction of animals (including insects) and the release of odours; and (d) free of excess water, ice and snow or other substances which may interfere with collection. Any Material which has become frozen or Page 281 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 39 of 71 stuck to the collection container and cannot be easily discharged will not be collected; or (e) approved alternative, as determined by the Region. 18. Uncontained Material 18.1 The Owner of a Premises shall not permit any Material set out for collection to become uncontained or otherwise escape in for any reason, including weather or animals. 18.2 The Owner of a Premises shall be responsible for the immediate clean up or re-securing of uncontained Material. 18.3 Where Material that has been set out for collection has blown away or otherwise escaped in any manner, the Owner of a Premises from which the Material originated shall clean up the Material. 19. Ownership 19.1 Except for Blue Box and Grey Box Material that are collected under the provincial Common Collection System, all other properly prepared and separated Collectable Material set out within the designated times becomes the property of the Region upon pick-up or other receipt by authorized employees or contractors of the Region. 19.2 Material set out which is Non-Collectable or Non-Compliant remains the property and responsibility of the Owner. 19.3 At the Region's discretion, the Region may authorize the collection by the Region or Contractors, of Non-Compliant or Non-Collectable Material for the purpose of investigation or health, safety and welfare of the general public. 20. Requirements for Waste Collection 20.1 The Region may enter a Private Property for collection purposes provided that: Page 282 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 40 of 71 (a) the Region has determined from time to time that the roadways to be used by collection vehicles on behalf of the Region: i. have been approved for on-site collection during the site plan approval process; and ii. have widths, turning radii, means of access, and means of egress meeting or exceeding the requirements of the Region's Policy on Requirements for Waste Collection, as amended from time to time; and iii. have overhead clearance meeting or exceeding the standards prescribed in the Highway Traffic Act, R.S.O 1990, Ch. H.8, or any successor legislation; and iv. are clear of snow and ice; and v. provide unobstructed access to the Material to be collected; and (b) the Owner of the Private Property and/or development has entered into a written agreement with the Region in the form As Designated and in accordance with policies set by the Region. 20.2 Wherever practical, in accordance with the approved site plan and Region's Requirements for Waste Collection Policy as determined by the Region, Material from each unit shall be sufficiently separated to allow identification of the unit generating the Material for purposes of the enforcement of this By-law. PART IV- REGIONAL DROP-OFF LOCATIONS 21. Drop-off of Acceptable Material 21.1 The Region may establish Regional Drop-Off Locations for the drop-off of Acceptable Material as set out in Sections 24 to 27 of this By- law. 22. Unacceptable Materials Page 283 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 41 of 71 22.1 No Person shall drop off, or permit to be dropped off, unacceptable Material at a Regional Drop-Off Location. 22.2 Unacceptable Material includes the following: (a) Any dangerous and hazardous Material such as poisons, hot live ashes, caustics, acids, pesticides, herbicides, radioactive Material, industrial process sludge, biomedical waste, or substances which may cause personal or environmental problems with the exception of the Household Hazardous Waste categories as set out in Section 26; (b) Ammunition; (c) Reactive chemical waste; (d) Liquid waste with the exception of certain Household Hazardous Waste categories as set out in Section 26; (e) Pathological waste with the exception of Sharps, which are collectable at Household Hazardous Waste Drop-Off Depots only; (f) Sludge from septic tanks or seepage; (g) Highly flammable, volatile, explosive, reactive or radioactive Materials with the exception of certain Household Hazardous Waste categories as set out in Section 26; (h) Leachate toxic waste; (i) PCB waste; (j) Carcasses of dogs, cats, fowl and other such creatures, or parts thereof; (k) Live animals or birds; (l) Human excrement; Page 284 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 42 of 71 (m) Steel and plastic barrels, unless the lid is removed and the barrel is empty and dry; (n) Automotive parts, not including automobile tires or small automotive parts; (o) Waste with excess liquid accumulated in the load or Material that fails a slump test; (p) Asbestos not prepared as set out in Section 28; (q) Organic Material which has decomposed under anaerobic conditions; and (r) Other Material As Designated. 23. Acceptable Material 23.1 Not all Regional Drop-Off Locations will receive all types of Acceptable Material and receipt will depend on whether any of the following activities occur at any given Regional Drop-Off Location: (a) Drop-off/Recycling; (b) Composting; (c) Household Hazardous Waste Collection; (d) Landfilling. 24. Acceptable Drop-off/Recycling Material 24.1 Acceptable Material for Drop-off includes the following: (a) Automobile tires separated from the rims and free of foreign Material and excessive moisture; (b) Asphalt and concrete; Page 285 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 43 of 71 (c) Batteries, either single use alkaline or rechargeable (excludes electric-vehicle batteries or traction batteries); (d) Blue Box Material; (e) Bulky Goods; (f) Clothing for re-use; (g) Collectable Material; (h) Construction, Renovation and Demolition Material, including drywall, wood, metal, PVC pipe and other building Materials; (i) Electrical and Electronic Equipment with personal information removed: (j) Garbage; (k) Grey Box Material; (l) Household items for re-use including small appliances and toys and other such goods; (m) Large Rigid Plastic; (n) Mattresses up to a maximum of four (4) per load, with the exception of loads delivered by the Region's Collection Contractor; (o) Shingles; (p) White Goods, and (q) Other Material As Designated. 24.2 There may be locations where less than this full list may be Acceptable. Consult the sources listed in Section 54 for further information. 25. Acceptable Composting Material Page 286 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 44 of 71 25.1 Acceptable Material for composting includes the following: (a) Brush; (b) Christmas Trees; (c) Green Bin Material; (d) Leaf and Yard Material; (e) Grass Clippings; and (f) Other Material As Designated. 25.2 There may be locations where less than this full list may be Acceptable. Consult the sources listed in Section 54 for further information 26. Acceptable Household Hazardous Waste Material 26.1 Acceptable Material for Household Hazardous Waste is: (a) aerosol cans with contents remaining; (b) antifreeze; (c) batteries (all types); (d) barbeque propane tanks; (e) corrosive cleaners including inorganic acids, bases and oxidizers; (f) fertilizers and other inorganic oxidizers; (g) fire extinguishers; (h) flammable liquids such as solvents and thinners; (i) fluorescent light tubes; (j) gasoline and fuels; Page 287 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 45 of 71 (k) medications; (l) mercury switches and thermometers; (m) motor oil; (n) oil filters; (o) pesticides and herbicides; (p) paint; (q) paint sludge; (r) pharmaceuticals; (s) pool chemicals; (t) small gas cylinders such as propane, oxygen, carbon dioxide, helium, expanding foam; (u) Sharps in puncture-proof containers; and (v) other Material As Designated. 26.2 All Household Hazardous Waste Material must be in acceptable containers, which conform to the following requirements: (a) Must be in the original or clearly labelled container, indicating contents; (b) All containers must be capped and sealed; (c) Liquid wastes must not be larger than 20 litres each. Barrels and/or drums of liquid waste will not be accepted; (d) Gasoline will not be decanted at depots. The container and the contents will be taken for safe disposal; Page 288 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 46 of 71 (e) No industrial, commercial or institutional hazardous waste will be accepted; and (f) Other acceptable containers As Designated. 27. Acceptable Landfilling Material 27.1 Acceptable Material for Landfilling is: (a) asbestos if prepared as set out in Section 28; (b) Bulky Goods, with the exception of those items which can be re-used or recycled; (c) Construction, Renovation and Demolition Material with wood, drywall, metal and other recyclable Material separated; (d) Garbage; (e) soil or dirt in acceptable quality and quantity, as determined by the Region; and (f) other Material As Designated. 28. Acceptable Asbestos Preparation and Acceptance Procedures 28.1 No Person shall unload or dispose of asbestos at a Regional Drop-Off Location unless such unloading or disposal is in accordance with the conditions set out in this Section. 28.2 Any Person dropping off asbestos shall contact the Region at least twenty- four (24) hours prior to delivery of the asbestos to allow for preparation of the Regional Drop-Off Location designated area. 28.3 All asbestos must be contained in a rigid, impermeable, sealed container of sufficient strength to accommodate the weight and nature of the asbestos, or the asbestos Material must be double bagged in two (2) six millimetre polyethylene bags. The container must be free from punctures, tears or leaks and shall be clearly labelled to indicate the nature of the contents. Page 289 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 47 of 71 The external surface of the container and the vehicle used for the transport of the asbestos must be free of asbestos. 28.4 During unloading, the packaged asbestos shall be handled individually and care taken to place the packages in the designated area to avoid spillage. This unloading shall be the responsibility of the Person dropping off the asbestos. 28.5 The unloading shall only be done in the presence of the Region to ensure that no loose asbestos or broken containers are unloaded and that no airborne particulate is generated. 28.6 In the event that loose asbestos or broken containers are found, the Person dropping off the asbestos shall repackage the Material with additional containers or bags provided in his/her vehicle. 28.7 The asbestos containers shall be placed directly in the designated area which has been prepared by the Region. Page 290 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 48 of 71 29. Material Requiring Special Handling 29.1 Any Person dropping off Material requiring special handling (such as dusty Material) shall contact the Region at least 24 hours prior to delivery to a Regional Drop-Off Location to receive handling instructions from the Region and to allow for preparation of the Regional Drop-Off Location designated area. 29.2 The unloading of the Material requiring special handling shall be the responsibility of the Person dropping it off. 29.3 The Material requiring special handling shall be placed directly in the designated area by the Person dropping it off. 29.4 Material requiring special handling is only accepted Mondays to Fridays, between the hours of 8:30 a.m. and 3:00 p.m. 30. Fees 30.1 The Region shall set fees to be paid by Persons for the drop-off of Material at Regional Drop-Off Locations. 30.2 The fees are set out in the Region's Fees and Charges By-law as amended from time to time. 31. Access 31.1 Access to a Regional Drop-Off Location shall be limited to the days and times As Designated by the Region. Days and hours of operation are posted at each permanent location. 31.2 Access to a Regional Drop-Off Location shall be limited to Persons who are: (a) commercial haulers who have provided a copy of their Ministry of the Environment, Conservation and Parks Waste Management System Certificate and, when requested by the Region, proof satisfactory to the Region that the Material they bring for drop-off has been generated from within the Region; or Page 291 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 49 of 71 (b) non-commercial haulers who, upon request, have provided proof of their residency in the Region satisfactory to the Region. 31.3 The Region may further limit access to certain Regional Drop-Off Locations As Designated. 31.4 The Region may specify time schedules and pre-deposit conditions for Persons seeking access to a Regional Drop-Off Location. 31.5 The Region may refuse access to a Person at the Region's discretion if: (a) the Person has violated this By-law; (b) the Person is likely to violate this By-law; (c) the Person owes money to the Region pursuant to this By- law; (d) the Person is transporting Material which is unacceptable for deposit at the Regional Drop-Off Location; (e) the Person's vehicle load is not fully covered and/or secured; (f) the Person's vehicle appears to be unsafe; or (g) the Person uses abusive or offensive language or behaviour toward workers or other Persons at the Regional Drop-Off Location. PART V - REGIONAL DROP-OFF LOCATION RESTRICTIONS AND RESPONSIBILITIES 32. Drop-off Restrictions 32.1 The following restrictions apply at Regional Drop-Off Locations: (a) all drivers shall ensure the vehicle load is fully covered and/or secured and the vehicle is not over loaded; Page 292 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 50 of 71 (b) all drivers shall bring vehicles to a complete stop and await the direction of the Region's site attendant before entering or leaving the weigh scale; (c) all drivers shall identify the Material type and source to the Region's site attendant; (d) all vehicles shall weigh inbound and outbound unless instructed otherwise by the Region's site attendant; (e) no Material originating from outside the Region shall be dropped off; (f) all Material deposited shall become the property of the Region and may be salvaged, recycled, reclaimed, disposed of and otherwise dealt with as the Region may deem fit; (g) no Person, while at a Regional Drop-Off Location, shall operate a vehicle or do any other thing without exercising due care and attention or in a manner that causes or is likely to cause injury or harm to any Person or damage to any property; (h) no Person, while at a Regional Drop-Off Location, shall: i. indulge in any riotous, violent, threatening or illegal conduct, or use profane or abusive language as determined by the Region; or ii. create a Nuisance or in any way interfere with the use of a Regional Drop-Off Location by any other Person; iii. Any person deemed by staff to be engaging in these behaviours may be refused service and/or requested to leave the premises. (i) no Person shall deposit or allow or cause to be deposited Materials except in bins or disposal areas for such purposes; (j) all Persons shall at all times obey all signs and directions of the Region, its site attendants or staff or contractors' staff; Page 293 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 51 of 71 (k) all Persons shall enter or exit a Regional Drop-Off Location by the designated access and exit routes; (l) no Person shall deposit or permit to be deposited Garbage into recycling bins or composting areas; (m) no Person shall deposit Recyclable Material including Leaf and Yard Material, Green Bin Material, Blue Box Material, Grey Box Material and/or other Material As Designated into the Garbage area located at the Drop-off/Recycling Depot or in the area designated for Landfilling; (n) no Person shall cause or permit a vehicle to idle for more than three (3) minutes in a sixty (60) minute period. 32.2 Violation(s) of Restrictions at Regional Drop-Off Locations: (a) On the first occasion of violation of any of the restrictions in Section 32.1 above, a written warning notifying the Person of his/her violation may be issued by the Region; or (b) On the first or any subsequent occasion of violation of any of the restrictions in Section 32.1 above, the Person may be charged with an offence under the Provincial Offences Act, R.S.O. 1990, c. P.33, or as amended, of having violated this By-law, and may also be subject to being refused access to Regional Drop-Off Locations. 33. No Trespassing 33.1 No Person shall unlawfully enter a Regional Drop-Off Location at any time. 33.2 No Person shall unlawfully enter the land strip around the perimeter of a Regional Drop-Off Location (buffer lands) or a Regional Drop-Off Location property during the time that the Regional Drop-Off Location is closed. 33.3 No Person shall enter with or operate an off-road vehicle or bike of any type on any part of a Regional Drop-Off Location and/or the land strip around the perimeter of a Regional Drop-Off Location (buffer lands). Page 294 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 52 of 71 34. Drop-off Responsibilities 34.1 Every Person dropping off Material at a Regional Drop-Off Location shall: (a) drop off only Material acceptable for deposit As Designated; (b) comply with all orders or directions given by the Region's site attendants or contractors' staff; (c) obey all speed limit signs and other signs posted at a Regional Drop- Off Location; (d) separate each type of Material and deposit in areas designated for such Material by the Region; (e) unload Material in a safe manner and use extreme caution while unloading; (f) remove covers/tarpaulins and/or release turnbuckles on vehicles only in the unloading area and at the direction of the Site Attendants or contractor's staff; (g) remove any remaining loose Material from vehicles before leaving the unloading areas; (h) close and secure, in a manner acceptable to the Region, all unloading doors with chains or acceptable alternatives before departure from the unloading areas; (i) ensure that any child under the age of 12 remain inside the vehicle at all times; (j) ensure that children act responsibly at all times when outside the vehicle; (k) ensure that animals remain inside the vehicle at all times; (l) acknowledge and accept that any Person entering a Regional Drop- Off Location does so at their own risk. The Person and the Owner of Page 295 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 53 of 71 any vehicle brought upon a Regional Drop-Off Location agrees to save the Region, its contractors, agents and employees, harmless from any damages or claims whatsoever to themselves or their property, or to any other Person or property whatsoever, arising from such Person's negligence or failure to comply with their responsibilities as set out in this By-law, As Designated or otherwise; (m) not depart from the Regional Drop-Off Location until the relevant fees as set by the Region from time to time are paid in full, whether by cash, debit, or charged to an authorized account; (n) conform strictly to all legislative requirements including, in particular, the Environmental Protection Act, the Occupational Health and Safety Act, R.S.O. 1990, Ch. 0.1, and any other relevant successor legislation, any relevant regulations there under, any relevant Environmental Compliance Approval(s), and any relevant Regional By-laws, Policies, and Procedures; and (o) not smoke any substance anywhere on or near a Regional Drop-Off Location. 35. Refusal 35.1 The Region reserves the right to refuse to accept for drop-off any Material for operational and/or material handling reason. 35.2 The Region reserves the right to refuse to accept for drop-off Acceptable Blue Box and Grey Box Material or Household Hazardous Waste Material of large commercial quantity as determined by the Region. 36. Safe Loads 36.1 Persons entering a Regional Drop-Off Location shall ensure that all Material transported is secure, covered, tied, or enclosed to prevent any Material from falling onto any roadway or Public Property. Page 296 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 54 of 71 PART VI - FURTHER RESTRICTIONS 37. Illegal Dumping 37.1 General Prohibition: No Person shall dump, drop, sweep, throw, cast or otherwise deposit; or permit his/her contractor, agent, employee, child under his/her care or control or animal under his/her care or control to dump, drop, sweep, throw, cast or otherwise deposit; or permit a vehicle owned by an Owner to be used by any Person for the purpose of dumping, dropping, sweeping, throwing, casting or otherwise depositing any Material whatsoever on or in any road or Public Property, or at the entrance to or around the perimeter of a Regional Drop-Off Location. 37.2 Prohibition re: Public Space Litter/Recycling Bin: No Person shall dump or otherwise deposit, or permit their contractor, agent, employee, child under their care or control or animal under their care or control to dump or otherwise deposit; or permit a vehicle owned by an Owner to be used by any Person for the purpose of dumping or otherwise depositing any Material generated on a Premises owned or occupied by that Person, or at any time in the Care and Control of that Person, into or within a one (1) metre radius of a Public Space Litter/Recycling Bin on any road or Public Property. 37.3 Prohibition re: Care and Control: No Person shall permit Material at any time in the Care and Control of that Person to be dumped, dropped, swept, thrown, cast or otherwise deposited by any other Person in contravention of Section 37.1 of this By-law. 37.4 For the purpose of Subsections 15.4, 37.2 and 37.3, Material shall be deemed to have been within the Care and Control of a Person at a point in time if the Material included any Material typically associated with or used by that Person and shall include but is not restricted to the following Materials: (a) mail and other paper products bearing the name, address or other identifying characteristics typically associated with that Person; Page 297 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 55 of 71 (b) Material that can on a balance of probabilities be shown to have been purchased by that Person; (c) Material that can on a balance of probabilities be shown to have originated from Premises with respect of which a Person is considered an Owner and during the time the Person was considered an Owner; (d) Materials that can on a balance of probabilities be shown to have been transported in a motor vehicle owned or under the Care and Control of the Person. 38. Scavenging 38.1 No Person shall, without the written approval of the Region, Scavenge, interfere with, pick over, disturb, remove or scatter any Material set out for collection. 38.2 No Person shall Scavenge, interfere with, pick over, disturb, remove or scatter any Material at a Regional Drop-Off Location unless the Material has been designated for re-use by the Region and the Person has received permission from the Region. 39. Saving Provisions 39.1 A Person shall not be liable under Section 37.3 if they can establish on the basis of a balance of probabilities that such Material, deemed by Section 37.4 to have been within the Care and Control of that Person was in fact never in that Person's care or control. 39.2 A Person or Owner shall not be liable for breach of either Section 15.4 or 37.3 of this By-law if they establish on a balance of probabilities that they took all reasonable precautions to prevent occurrence of the offence. PART VII - ENFORCEMENT 40. Friendly Reminders Page 298 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 56 of 71 40.1 To encourage compliance with this By-law, the Region may use Friendly Reminders and Final Friendly Reminders to identify or inform Persons or Owners of Non-compliance. 41. Where a Person or Owner is in Non-compliance with this By-law and if the Non- compliance continues, despite the Region's attempts to obtain voluntary compliance, the Region may issue an Order as outlined in Section 48 Notifications. 41.1 Notwithstanding any other provision of this By-law, no Person or Owner shall be charged with an offense for setting out, or permitting to be set out contrary to this By-law (included specific As Designated areas or collection times or schedules), any Collectable Material for collection where the As Designated provisions have not been published or communicated as set out in Section 16.6 of this By-law. 41.2 In addition to the publication and communication of As Designated changes set out in Section 16.6, the Region will issue a minimum of one (1) written notification to inform the Owner of the As Designated alternate schedule for the As Designated area before any such Owner is charged with an offense as set out above. 42. Enhanced Services 42.1 Offences under this By-law apply to all enhanced services as may be applicable. PART VIII – OFFENCES, PENALTIES, AND FINES 43. Offences 43.1 Section 425 of the Municipal Act, 2001 provides that a municipality may pass by-laws providing that a person who contravenes a by-law of the municipality passed under this Act is guilty of an offence. 44. Fines – Provincial Offences Act Page 299 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 57 of 71 44.1 Every person who contravenes any provision of this By-law is guilty of an offence, and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1900, Chapter P.33, as amended. 45. Fines – Municipal Act, 2001 45.1 Section 429(1) of the Municipal Act, 2001, provides that a municipality may establish a system of fines for offences under a by-law of the municipality passed under the Municipal Act, 2001. 45.2 Every Person who contravenes a provision of this By-law, and every director or officer of a corporation who knowingly concurs in the contravention of this By-law by the corporation, is guilty of an offence under the provisions of the Municipal Act, 2001, and is liable on conviction to a penalty, where the minimum fine shall not exceed $500 (save and except the fine for “Illegal Dumping” which carries a minimum fine of $750), and a maximum fine, shall not exceed $100,000, exclusive of costs under the provisions of the Municipal Act, 2001. 45.3 In the case of a continuing offence(s), every person who contravenes any provision of this By-law, and every director or officer of a corporation who knowingly concurs in the contravention of this By-law by the corporation, is guilty of an offence, and is liable on conviction, to a penalty not exceeding $10,000 per day, or part thereof, exclusive of costs, under the provisions of the Municipal Act, 2001. 45.4 In the case of a multiple offence, for each offence included in the multiple offence, a minimum fine shall not exceed $500 (save and except the fine for “Illegal Dumping” which carries a minimum fine of $750) and a maximum fine shall not exceed $10,000. 45.5 Notwithstanding Section 45.3 and Section 45.4, and in accordance with the provisions of the Municipal Act, 2001, the total of all fines for the continuous offences or multiple offences, is not limited to $100,000. 46. Special Fines Page 300 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 58 of 71 46.1 In addition to the fines in Sections 44 and 45, a special fine is also chargeable and may exceed $100,000, where an offence of this By-law has been committed and there is evidence that the Person who has committed the offence has achieved an economic advantage or gain from contravening this By-law. The intent of this section is to eliminate or reduce such economic advantage or gain or to deter the Person from further Non- compliance with this By-law. 47. Alternative Set Fine Procedure 47.1 In the discretion of the Region, charges may be laid for offences committed in contravention of this By-law using the certificate of offence set fine procedure set out under Part I of the Provincial Offences Act, R.S.0. 1990, Ch. P.33, or any successor legislation. 48. Order Prohibiting Continuation 48.1 When a Person or Owner has been convicted of an offence under this By- law, and in addition to any other remedy and to any penalty imposed by the By-law including a fine and a remedial action fee as set out in Section 49, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the Person or Owner convicted. 49. Work Orders 49.1 Where the Region is satisfied that a Person or Owner has failed to comply with any provision of this By-law, and a contravention has occurred, the Region may, by written notice, issue an order requiring the Person or Owner who contravened the By-law, or who caused or permitted the contravention, or the Person or Owner or Occupant of the land on which the contravention occurred, to do work to correct the contravention, as set out in the Municipal Act, 2001, S.O. 2001, c.25, or as amended. 49.2 The Order shall set out: (a) The municipal address and/ or the legal description of the property or land on which the contravention occurred; Page 301 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 59 of 71 (b) Reasonable particulars of the contravention adequate to identify the contravention; (c) The work to be done and the date by which there must be compliance with the Order. 49.3 Every Person or Owner who contravenes an Order is guilty of an offence. 49.4 Any Order issued under this By-law may be given by ordinary mail, registered mail or hand delivered to the address of the Person or Owner according to the last revised assessment roll of the subject property or the notice may be posted at the subject property, and such service shall be deemed good and sufficient service. 49.5 Where an Order has been served on an Owner/Occupant by personal service or posting a copy on the property, it is deemed to be delivered immediately. 49.6 Where an Order is given by: ordinary mail, it is deemed to have been received three (3) days after mailing; and by registered mail, it is deemed to have been received on date of delivery. 49.7 Every Person or Owner shall comply with any Order issued under the authority of this By-law. 50. Remedial Actions 50.1 Where a Person or Owner is in default of an Order, the Region may, without notice and in addition to any other action, cause the work to be done at the Person or Owner's expense. Without limitation, the Region, its employees, agents or contractors may access and remove such Material or carry out the work required to make the property comply with this By-law. 50.2 Any Material removed may be immediately disposed of. 50.3 The Region may invoice the Person or Owner for all costs associated with the work done pursuant to Section 46 including, but not limited to, court costs, Regional and/or local government administrative and legal fees, contractors' invoices, disposal fees and interest at a rate of fifteen (15%) Page 302 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 60 of 71 per cent per annum from the day the Region incurs such costs. The Region may include a minimum disposal charge of one hundred and fifteen ($115.00) dollars in the event the Material cleaned up is not separately weighed. 50.4 Such costs may be charged and enforced separately or in addition to any other enforcement action undertaken pursuant to this By-law, not as an alternative to same. 50.5 In the event that a Person or Owner was provided an invoice for costs in accordance with Section 48, and the invoice is not paid by the Person or Owner within sixty (60) days of issuance, the costs may be recovered by action or by adding the costs to the tax roll and collecting them in the same manner as taxes in accordance with section 446 of the Municipal Act, 2001, S.O. 2001, c.25, as may be amended form time to time. 50.6 The amount of the costs constitutes a lien on the land or Premises involved upon the registration in the proper land registry office of a notice of lien. 51. Entry for Enforcement 51.1 By-law enforcement officers may enter on private properties or new and redeveloped roadways on private or public properties for the purpose of enforcing this By-law, but may not enter a residential dwelling without the occupant's permission, or unless so authorized by order of a court of competent jurisdiction. PART IX - GENERAL 52. Conflicts of Laws 52.1 Where a provision of this By-law conflicts with a provision of another By-law in force in the Region, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail. Page 303 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 61 of 71 53. Schedules 53.1 The Schedules to this By-law form an integral part of this By-law. 54. Further Information on Material Preparation 54.1 More detailed instructions on preparation of Material for collection or drop off at a Regional Drop-Off Location are available on the Region's website at www.niagararegion.ca or in publications updated and distributed by the Region from time to time or by contacting the Waste Info-line Monday to Friday, 8:30am – 4:30pm, at 905-356-4141 or Toll-free at 1-800-594-5542. 54.2 More detailed instructions on preparation of Blue Box Material and Grey Box Material not collected by the Region and falls under the provincial Common Collection System along with related customer service inquiries are available at the Producer Responsibility Organization (PRO) website circularmaterials.ca/niagara. 55. Delegation of Powers to Commissioner of Public Works 55.1 The Commissioner of Public Works or their designate is delegated the administrative power by Council to implement minor program changes which have no negative financial impact and/or minimal service level implications to the Waste Management system of the Region under this Bylaw, including but not limited to: (a) alteration to the classes and lists of Material in this By-law requiring specific treatment or preparation for collection or drop-off at Regional Drop-Off Locations; (b) appoint By-law Enforcement Officers for the purpose of the enforcement of this By-law; (c) changes to the forms in use for notification to the public, such as Friendly Reminders, and Friendly Final Reminders; (d) changes to the requirements for Material preparation for collection or drop-off at a Regional Drop-Off Location; Page 304 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 62 of 71 (e) changes to the procedure for scheduling collection of specialty items such as Bulky Goods; (f) changes to the new and redevelopment agreements as set out in Section 20; (g) temporary changes to access, time schedules or opening hours at Regional Drop-Off Locations; and (h) establishment of such other matters as are necessary for the proper administration of this By-law. 56. Severability 56.1 If any provision of this By-law is declared invalid for any reason by a court of competent jurisdiction, only that invalid portion of the By-law shall be severed and the remainder of the By-law shall still continue in force. 57. Environmental Compliance Approvals 57.1 The provisions of this By-law shall be subject to the terms of the Environmental Compliance Approvals for any Regional Drop-Off Location or any other waste management facilities or systems operated by or on behalf of the Region, and any relevant statutes and regulations. 58. References 58.1 Any reference to a statute is to such statute and to the regulations made pursuant to it, as such statute and regulations may at any time be amended or modified and in effect, and to any statute or regulations that may be passed that have the effect of supplementing or superseding such statute or regulations. 59. Short Title of By-law 59.1 The short title of this By-law is the "Waste Management By-law". 60. Force and Effect Date Page 305 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 Amended By By-law No. 2023-91 PWC 11-2023 Minute Item 5.3 Page 63 of 71 60.1 Except as otherwise specified in this By-law, this By-law shall come into force and effect on the date passed by Regional Council. 61. Interpretation 61.1 The necessary grammatical changes required to make the provisions of this By-law applicable to corporations, partnerships, trusts and persons, and to include the singular or plural meaning where the context so requires, shall in all cases be assumed as though fully expressed. 61.2 The words "include" and "including" are not to be read as limiting the meaning of a word or term to the phrases or descriptions that follow. 61.3 The insertion of headings and the division of this By-law into sections and subsections are for convenience of reference only and shall not affect the interpretation thereof. 62. Repeal of Prior By-law 62.1 By-law No. 2017-56 is hereby repealed. THE REGIONAL MUNICIPALITY OF NIAGARA ______________________________________ James Bradley, Regional Chair ______________________________________ Ann-Marie Norio, Regional Clerk Passed: May 19, 2022 Page 306 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 SCHEDULE “A” COLLECTABLE VOLUME LIMITS Page 64 of 71 Table 1: Garbage Container Limits Type of Premises (as Assessed by MPAC) Container Limit Collection Frequency A. Low Density Residential (LDR) Premises including: • single-family detached with one self-contained unit, • semi-detached residential with 2 residential homes, both self-contained units; • duplex residential structure with 2 self-contained units; • residential buildings with three (3) to six (6) units; • cottage properties with up to six (6) cottages; • Bed and Breakfast establishments with three (3) bedrooms or less; • structures with six (6) or more units that are considered horizontal, row or townhouses or condo housing; • vertical structures where all units have a primary exterior door directly accessing ground level that is visible from the collection point (including stacked townhouse structures) • trailer parks (only those classified as LDR in MPAC), • boarding homes with six (6) or fewer rooms; and • residential farms 2 per self- contained unit Every- other-week Page 307 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 SCHEDULE “A” COLLECTABLE VOLUME LIMITS Page 65 of 71 Type of Premises (as Assessed by MPAC) Container Limit Collection Frequency B. Multi-Residential Premises are residential buildings containing seven (7) or more self-contained units, including but not limited to, apartments, condominiums and rentals, nursing and retirement homes, cottage properties with seven (7) or more cottages, boarding homes with seven (7) or more rooms, Group Homes, and vertical structures (stacked townhouses or similar style) where one or more unit does not have a primary external access door directly accessing ground level and cannot be serviced as a Type A Premises, and mobile homes (not assessed by MPAC as Low Density Residential Units). 2 per self- contained unit up to a maximum 24 per building Every- other-week C. Premises used for one or more institutional, commercial or industrial purposes inside Designated Business Area and Bed and Breakfasts with four (4) or more bedrooms inside Designated Business Areas. Maximum 4 per Premises Weekly D. Mixed use Premises used for one or more institutional, commercial or industrial and residential purposes inside Designated Business Area. Maximum 4 per Premises Weekly E. Premises used for one or more institutional, commercial or industrial purposes outside Designated Business Area and Bed and Breakfasts with four (4) or more bedrooms outside Designated Business Areas are Type E Premises. Maximum 8 per Premises Every- other-week F. Mixed use Premises used for one or more institutional, commercial or industrial and residential purposes outside Designated Business Area. Maximum 8 per Premises Every- other-week Page 308 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 SCHEDULE “A” COLLECTABLE VOLUME LIMITS Page 66 of 71 Table 2: Recycling Container Limits Type of Premises (as Assessed by MPAC or as defined under O. Reg. 391/21) Container Limit Collection Frequency C. Premises used for one or more institutional, commercial or industrial purposes inside Designated Business Area and Bed and Breakfasts with four (4) or more bedrooms inside Designated Business Areas. Unlimited Weekly D. Mixed use Premises used for one or more institutional, commercial or industrial and residential purposes inside Designated Business Area. Commercial Component Only: Unlimited Residential Component: Provided through the provincial Common Collection System. Weekly E. Premises used for one or more institutional, commercial or industrial purposes outside Designated Business Area and Bed and Breakfasts with four (4) or more bedrooms outside Designated Business Areas are Type E Premise. Combined limit of the eight (8) Blue and Grey Carts or the equivalent in Blue and Grey Boxes as determined solely by the Region. Weekly Page 309 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 SCHEDULE “A” COLLECTABLE VOLUME LIMITS Page 67 of 71 Type of Premises (as Assessed by MPAC or as defined under O. Reg. 391/21) Container Limit Collection Frequency F. Mixed use Premises used for one or more institutional, commercial or industrial and residential purposes outside Designated Business Area. Commercial Component Combined limit of the eight (8) Blue and Grey Carts or the equivalent in Blue and Grey Boxes as determined solely by the Region. Residential Component: Provided through the provincial Common Collection System. Weekly Page 310 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 SCHEDULE “A” COLLECTABLE VOLUME LIMITS Page 68 of 71 Table 3: Organic Container Limits Type of Premises (as Assessed by MPAC) Container Limit Collection Frequency A. Low Density Residential (LDR) Premises including: • single-family detached with one self-contained unit; • semi-detached residential with 2 residential homes, both self-contained units; • duplex residential structure with 2 self- contained units; • residential buildings with three (3) to six (6) units; • cottage properties with up to six (6) cottages; • Bed and Breakfast establishments with three (3) bedrooms or less; • structures with six (6) or more units that are considered horizontal, row or townhouses or condo housing; • Vertical structures where all units have a primary exterior door directly accessing ground level that is visible from the collection point (including stacked townhouse structures); • trailer parks (only those classified as LDR in MPAC); • boarding homes with six (6) or fewer rooms; and • residential farms Unlimited per self- contained unit Weekly Page 311 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 SCHEDULE “A” COLLECTABLE VOLUME LIMITS Page 69 of 71 Type of Premises (as Assessed by MPAC) Container Limit Collection Frequency B. Multi-Residential Premises are residential buildings containing seven (7) or more self- contained units, including but not limited to, apartments, condominiums and rentals, nursing and retirement homes, cottage properties with seven (7) or more cottages, boarding homes with seven (7) or more rooms, Group Homes, and vertical structures (stacked townhouses or similar style) where one or more unit does not have a primary external access door directly accessing ground level and cannot be serviced as a Type A Premises, and mobile homes (not assessed by MPAC as Low Density Residential Units). Quantity as determined by the Region on a request only basis for Green Bins or Carts Weekly C. Premises used for one or more institutional, commercial or industrial purposes inside Designated Business Area and Bed and Breakfasts with four (4) or more bedrooms inside Designated Business Areas. Unlimited Weekly D. Mixed use Premises used for one or more institutional, commercial or industrial and residential purposes inside Designated Business Area. Unlimited Weekly E. Premises used for one or more institutional, commercial or industrial purposes outside Designated Business Area and Bed and Breakfasts with four (4) or more bedrooms outside Designated Business Areas are Type E Premises. Limit of eight (8) Green Carts or the equivalent number of Green Bins as determined solely by Niagara Region. Weekly F. Mixed use Premises used for one or more institutional, commercial or industrial and residential purposes outside Designated Business Area. Unlimited Weekly Page 312 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 SCHEDULE B FRIENDLY REMINDER NOTICE Page 70 of 71 Page 313 of 405 Bill No. 2022-32 Authorization Reference: PWC 4-2022; Minute Item 6.1 Amended by By-law No. 2022-60 CL 15-2022; Minute Item 9.1.1 SCHEDULE B FRIENDLY REMINDER NOTICE Page 71 of 71 Page 314 of 405 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 January 4, 2024 CL 15-2023, November 16, 2023 BRCOTW 10-2023, November 9, 2023 CSD 48-2023, November 9, 2023 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY 2024 Budget – Waste Management Services Operating Budget and Requisition CSD 48-2023 Regional Council, at its meeting held on November 16, 2023, passed the following recommendation of its Budget Review Committee of the Whole: That Report CSD 48-2023, dated November 9, 2023, respecting 2024 Budget - Waste Management Services Operating Budget and Requisition, BE RECEIVED and the following recommendations BE APPROVED: 1. That the 2024 Waste Management Services net operating budget increase of 0%, inclusive of reserve strategy BE APPROVED; 2. That the 2024 Waste Management Services gross operating budget of $51,534,372, and net budget of $45,167,763, BE APPROVED; 3. That the net budget amount of $45,167,763, BE APPORTIONED between the local area municipalities in accordance with the methodology approved in Report PWA 55-2011; 4. That the necessary by-laws BE PREPARED and PRESENTED to Council for consideration; and 5. That a copy of this Report BE CIRCULATED to the local area municipalities. A copy of CSD 48-2023 and By-law No. 2023-85 are enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2023-134 Page 315 of 405 Page 2 cc: H. Furtado, Director, Financial Management and Planning/Deputy Treasurer T. Harrison, Commissioner/Treasurer, Corporate Services W. Middleton, Executive Assistant to the Commissioner/Treasurer, Corporate Services Page 316 of 405 CSD 48-2023 November 9, 2023 Page 1 Subject: 2024 Budget – Waste Management Services Operating Budget and Requisition Report to: Budget Review Committee of the Whole Report date: Thursday, November 9, 2023 Recommendations 1. That the 2024 Waste Management Services net operating budget increase of $869,812 or 1.9%, inclusive of reserve strategy BE APPROVED; 2. That the 2024 Waste Management Services gross operating budget of $52,404,184 and net budget of $46,037,575 as per Appendix 1 to Report CSD 48-2023 BE APPROVED; 3. That the net budget amount of $46,037,575 BE APPORTIONED between the local area municipalities in accordance with the methodology approved in PWA 55-2011 as per Appendix 4 to Report CSD 48-2023; 4. That the necessary by-laws BE PREPARED and PRESENTED to Council for consideration; and 5. That a copy of this Report BE CIRCULATED to the local area municipalities. Key Facts • The proposed Waste Management Services (WMS) net budget represents a $869,812 increase, or 1.9% over 2023 as shown in Appendix 1 to Report CSD 48- 2023, in alignment with the 2024 Budget Planning Strategy. • The net budget reduction, before budget mitigation/replenishment strategies, of $0.5 million or 1.0% has been increased to 1.9% to begin to replenish capital reserves that were utilized to temporarily reduce and fund some of the increases from previous years. • Assessment growth for Niagara Region and Area Municipalities has not been finalized; however, estimated assessment growth of 1.5% is included in Appendix 4 to Report CSD 48-2023. The estimate of 1.5% for 2023 results in the net requisition increase to be approximately 0.4% (1.9% less growth of 1.5%) with an estimated average typical residential impact of -$0.10 per year. • The net requisition amount has been allocated in accordance with the methodology approved in PWA 55-2011. The impacts by municipality in Appendix 5 to Report CSD 48-2023 are affected by the budget increase as well as growth in households Page 317 of 405 CSD 48-2023 November 9, 2023 Page 2 and the enhanced services (as requested and selected by each Local Area Municipality (“LAM”)). • With the transition date for extended producer responsibility (“EPR”) being January 1, 2024, the Region no longer will have financial or operational control of the residential Blue Box Program and producers will be accountable for all costs associated with collection, haulage and processing of the material. The reduction in operating expenditures for the residential recycling collection contract and the corresponding reduction in Resource Productivity & Recovery Authority revenue, and the divesture of the Material Recycling Facility (“MRF”) that occurred on April 21, 2023, have been reflected in the 2024 budget. Financial Considerations Current Year The gross operating expenses are $52.4 million, which net of revenues equates to a net requisition of $46.0 million. This represents an approximately $0.9 million or a 1.9% increase over the 2023 requisition as outlined in Appendix 1 to Report CSD 48-2023 and is in alignment with the 2024 Budget Planning Strategy. Not including budget replenishment strategies, the 2024 net operating budget proposes a 1.0% decrease over 2023. Staff are recommending a transfer to the Landfill Liability Reserve in the amount of $1.3 million to begin to replenish reserves that were utilized to temporarily reduce and fund some of the increases from previous years. The use of funding to replenish the reserve is consistent with the multi-year budget strategy presented as part of the 2023 budget process (see CSD 2-2023) and that began in 2019. In 2023, $7.2 million of reserves were used to mitigate the rates and the 2024 budget proposes returning $1.3 million to the Landfill Liability Reserve. Table 1 below shows the budget increase before and after budget mitigation/replenishment strategies. Page 318 of 405 CSD 48-2023 November 9, 2023 Page 3 Table 1 – Summary of Proposed WMS Services with Mitigations/Replenishments (in thousands of dollars) Waste Management 2024 Budget Summary 2023 2024 Increase (%) Operating expenses net of revenues $48,533 $40,587 -16.4% Capital Transfers 4,136 4,136 Net Operating Budget Including Capital Transfers $52,669 $44,722 -15.1% Transfers from Reserve: COVID-19 Costs (from Taxpayer Relief Reserve) (6) 0 One-Time Costs (from WM Stabilization Reserve) (288) 0 Mitigation Strategy (Note 1) (7,208) 0 Net Budget Requisition – Before Reserve Replenishment $45,168 $44,722 -1.0% Transfer to Reserve - Replenishment Strategy (Note 1) 0 1,315 Net Budget Requisition $45,168 $46,038 1.9% Note 1 – 2023 budget mitigation represents $3,072 in funds from the Waste Management Stabilization Reserve and $4,136 from the Landfill Liability and Waste Management Capital Reserves in order to mitigate budget pressures. 2024 represents a $1,315 contribution to begin replenishing a portion of the $2,357 Landfill Liability Reserve contribution that was not made in 2023. This does not address the $1,779 Capital Reserve contribution that was not made in 2023 but that has been mitigated by the 2023 contribution to Capital Reserve from the sale of the MRF. A schedule providing the budgeted revenues and expenditures for 2023 and 2024 by type of expenditure is included as Appendix 1 to Report CSD 48-2023. A significant contributing factor of the budget increase is inflation of the Consumer Price Index (“CPI”) and diesel fuel prices, both of which are components of the cost escalations of contracts administered by WMS and further details are outlined in the Analysis section under Increases, Pressures and Mitigations. Approximately 80% of all services provided by WMS through external contracts and therefore the budget is subject to inflation volatility. The budget reflects legislation to transfer recycling responsibilities to the producers and the related divesture of the Material Recycling Facility (“MRF”). The budget has been prepared to reflect the changes due to the sale of the facility on April 21, 2023, and the transfer of recycling responsibilities to the producers on January 1, 2024. After January Page 319 of 405 CSD 48-2023 November 9, 2023 Page 4 1, 2024, the Region will no longer have financial or operational control of the residential Blue Box Program and producers (brand holders, manufacturers or first importers of any paper, packaging, or packaging-like product managed through the Blue Box Program) will be accountable for all costs associated with collection, haulage and processing of the material. The reduction in operating expenditures for the residential recycling collection contract and the corresponding reduction in Resource Productivity & Recovery Authority revenue have been reflected in the 2024 budget. Appendix 2 to Report CSD 48-2023 provides the budgeted revenues and expenditures for 2023 and 2024 by type of expenditure including a detailed breakdown as a result of the transition to EPR and divesture of the MRF. Multi-Year Forecast 2024 will be the first full operating year after the MRF divestiture and the transition to extended producer responsibility. The multi-year forecast reflects these changes along with inflation, reserve replenishment strategies and the 2026 impact due to the end of the transition period of the extended producer responsibility (“EPR”) which is December 31, 2025. A multi-year forecast to 2026 is included as part of Appendix 3 to Report CSD 48-2023 and is described in more detail below. The forecast reflects annual increases of 1.9% for 2024, 2.3% for 2025 and 4.2% for 2026. There are many assumptions and unknowns included in these forecasts and therefore staff will re-evaluate the long-term budget and reserve strategies with the budget cycle each year. The key assumptions affecting the multi-year forecast are as follows: • 2025 o Funding of $0.5 million from Circular Materials Ontario (“CMO”) continues for the final year of the transition period. o Contribution to the Landfill Liability Reserve of $1.1 million to fully replenish the contribution that was not made in 2023. • 2026 o CMO funding ceases due to end of transition period. o Estimated new contract costs for continuation of collection of non-eligible recycling material. o One year reduction in the transfer to the Capital Reserve mitigated by the 2023 contribution to Capital Reserve from the sale of the MRF. Page 320 of 405 CSD 48-2023 November 9, 2023 Page 5 Analysis The 2024 operating and multi-year budgets are impacted by a number of operational changes such as the MRF divestiture in 2023 and the transition to EPR beginning in 2024. Furthermore, external factors such as escalating fuel and CPI rates have impacted the WMS budget strategy. MRF Divestiture and EPR Transition The divestiture date of the MRF was April 21, 2023. Since that date, WMS is no longer required to pay for expenses to operate the MRF and no longer receives the end-market revenues generated by the sale of recyclable materials. This represents a $4.2 million reduction of MRF operating costs and a $2.6 million reduction of MRF related revenues equating to an overall net reduction in the special levy of $1.6 million in the 2024 budget. The budget has been furthered reduced by the residential collection portion of the Blue Box Program contract including collection, haulage and processing of such materials, along with the corresponding revenue due to the transition to EPR which begins on January 1, 2024. This represents a $15.3 million reduction of related EPR operating costs and a $5.7 million reduction of EPR related revenues totaling an overall reduction in the special levy of $9.6 million. Appendix 2 to Report CSD 48-2023 compares the 2023 budget to the 2024 base budget net of the impact of the MRF divestiture and the transition to EPR to provide the total recommended 2024 operating budget. Increases, Pressures and Mitigation Table 2 below shows the composition of the WMS gross budget by major operating component. Table 2 –2024 Gross WMS Budget Composition, Before Capital Transfers (in thousands of dollars) Budget Composition 2024 Budget ($) % of Total Recycling Collection $2,216 4.7% Waste Collection 11,068 23.6% Organics Collection 8,514 18.1% Waste Diversion 7,927 16.9% Waste Disposal Operations and Processing 12,456 26.5% Administration, Policy and Planning 4,772 10.2% Page 321 of 405 CSD 48-2023 November 9, 2023 Page 6 Budget Composition 2024 Budget ($) % of Total Total $46,953 100.0% Approximately 80% of the operating-related costs are in the form of outsourced costs (alternative service delivery) and are subject to contract escalations and conditions. The remaining operating-related costs are associated with program-related purchases, budgeted repairs and maintenance, utilities, labour related costs, program support, consulting and other administration costs. Of the budgeted operated-related expenditures, only approximately 2.8% are considered discretionary. The pressures in operations that contributed to the net operating increase are: • $0.5 million or 4.1% increase in collection contract costs due to annual increases (CPI, fuel and household increase) associated with base and enhanced collection services (net of EPR transition related reductions); • $0.2 million or 3.6% increase in costs to processing organic material due to increased volumes as well as the impact of CPI on the contract. Increased from $5.0 million to $5.2 million; • $0.4 million or 22.0% increase in drop-off depot service costs which is due to the impact of CPI on the contract. Increased from $2.0 million to $2.4 million. • $0.5 million or 52.0% increase in Bridge Street landfill operations services due to award of a tendered contract approved by Regional Council through PW 38- 2023; • $0.2 million or 53.4% increase in household hazardous waste services which is resulting from the impact of CPI on the contract and increased volumes at the landfill sites. Increased from $0.4 million to $0.6 million; • $0.3 million or 32.1% increase due to the co-collection of recyclables from non- eligible sources during the EPR transition period approved by Regional Council through Confidential PW 37-2023; • $0.2 million or 27.6% increase in leachate processing fees due to the increased cost of internal processing as well as higher volumes year over year; • $0.3 million or 61.2% increase in grounds and security services due to the impact of inflation on contracted services. The pressures noted above have been partially offset by favourable variances which are comprised of the following: • $1.6 million net reduction due to divesture of the MRF ($2.6 million reduced revenues and $4.2 million reduction in MRF operating costs); Page 322 of 405 CSD 48-2023 November 9, 2023 Page 7 • $9.1 million net reduction due to EPR transition ($6.2 million reduced revenues and $15.3 million reduction in operating costs); • $0.5 million or 100.0% increase in compensation from CMO due to the EPR transition to provide for the cost of promotion and education materials as well as the cost of operating the landfill depots. Reserve Management – Capital Reserve and Landfill Liability Since 2019, the rate mitigation strategy has utilized $7.2 million in reserve funding. For 2024, $1.8 million for the Capital Reserve and $2.4 million for the Landfill Liability Reserve has been re-established. As well, the budget recommends $1.3 million to replenish a portion of the $4.1 million that was not contributed to the Landfill Liability Reserve and Capital Reserve in 2023. The remaining replenishment will be phased in as budget permits. The reserve mitigation/replenishment strategy is included in Appendix 3 to Report CSD 48-2023 and is summarized as follows: • 2024 – Reinstating transfer to Landfill Liability Reserve from $nil to $2.4 million and reinstating transfer to Capital Reserve from $nil to $1.8 million. • 2024 – Repayment of $1.3 million to the Landfill Liability Reserve. • 2025 – Repayment of $1.1 million to the Landfill Liability Reserve. Reserve Management – Waste Management Stabilization Reserve As part of Niagara Region’s Reserve and Reserve Funds Policy (C-F-013), minimum and maximum funding targets have been established for reserves. For stabilization reserves, such as the Waste Management Stabilization Reserve, the funding target is 10% to 15% of operating expenditures not including debt repayments. Based on the forecast balance at the end of 2023 of $5.6 million, the reserve balance will be deemed to be adequately funded based on the operating expenditures in 2024 as the reserve balance is forecasted to be at 12.2% which is within funding targets. Appendix 6 to Report CSD 48-2023 shows the forecasted Stabilization Reserve balances along with budgeted utilization and/or replenishments made to the reserve. Page 323 of 405 CSD 48-2023 November 9, 2023 Page 8 2024 Waste Management Requisition The net requisition amount will be allocated to the LAMs in accordance with the methodology approved in PWA 55-2011. As such, base WMS costs will be apportioned based on the 2022 percentage of residential units in each municipality, while the enhanced collection services and associated disposal costs will be apportioned to the requesting municipalities. The year-over-year increase in requisition amount by municipality before assessment growth equates to a range of 0.19% decrease to 7.37% increase with an average increase of 1.9% as outlined in Appendix 4 to CSD 48-2023. The net requisition changes by municipality after forecasted assessment growth of 1.5% (as of October 13, 2023) is an average of 0.43% with a range from a 2.66% decrease to a 4.68% increase. This range is the result of the differences in household growth between LAMs as well as net assessment growth. The WMS levy is collected as a special levy with the Region establishing the tax rates for each municipality (with the exception of Niagara-on-the-Lake. Appendix 5 to Report CSD 48-2023 provides the impacts of the WMS requisition for 2024 in comparison to 2023 on a cost per typical residential unit basis by area municipality. The 1.9% increase on the budget net of assessment growth of 1.5% will impact the average residential property from a decrease of $4.54 to an increase of $8.13 annually depending on the municipality (average impact of $0.10 decrease per year). Risks and Opportunities The proposed budget, like any other budget, has a number of risks and opportunities. However, due to the transition changes, the risks to post 2025 transition period have been estimated in the multi-year. The most significant risk to 2024 is the inflationary pressure as the collection contract, as well as several other contracts managed by WMS, contain a number of annual contract cost adjustments related to fuel prices and CPI. If these factors exceed the forecasted amounts, this could have a material impact on the budget. Alternatives Reviewed None. Page 324 of 405 CSD 48-2023 November 9, 2023 Page 9 Relationship to Council Strategic Priorities The 2024 WMS budget supports responsible growth and infrastructure planning and supports Council’s objective of environmental sustainability and stewardship. Other Pertinent Reports • PWA 55-2011 - Waste Management Services Financing Study • CSD 70-2017 - Waste Management Reserve Strategy • PWC-C 24-2021 - Residential Blue Box Program – Final Producer Responsibility Regulation • Confidential PW 37-2023 – Recycling Collection from Non-Eligible Sources under Blue Box Regulation (O.Reg 391/21) • PW 38-2023 – Bridge Street Site Operations Contract ________________________________ Prepared by: Helen Furtado, CPA, CA Director, Financial Management & Planning/Deputy Treasurer Corporate Services _______________________________ Recommended by: Todd Harrison, CPA, CMA Commissioner/Treasurer Corporate Services ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Renee Muzzell, Manager, Program Financial Support and reviewed by Beth Brens, Associate Director, Budget Planning & Strategy and Catherine Habermebl, Director, Waste Management Services. Page 325 of 405 CSD 48-2023 November 9, 2023 Page 10 Appendices Appendix 1 2024 Waste Management Schedule of Revenues and Expenditures by Object of Expenditure Appendix 2 2024 Waste Management Schedule of Revenues and Expenditures by Object of Expenditure and Budget Request Type Appendix 3 2024 – 2026 Multi-Year Forecast Appendix 4 Proposed 2024 Requisition by Municipality Appendix 5 2024 Waste Management Requisition for Typical Residential Property by Municipality Appendix 6 2023 to 2026 Forecasted Waste Management Reserve Balances Page 326 of 405 Object of Expenditure 2023 WMS Budget Total ($) 2024 WMS Budget Total ($) Total Variance ($) Total Variance (%) Notes Labour Related Costs 4,035,380 4,314,865 279,485 6.93% (1) Administrative 1,131,059 1,043,566 (87,493) -7.74% Operational & Supply 54,259,735 37,810,488 (16,449,247) -30.32% (2) Occupancy & Infrastructure 1,067,404 1,038,272 (29,132) -2.73% Equipment, Vehicles, Technology 612,962 349,731 (263,231) -42.94% (3) Partnership, Rebate, Exemption 244,688 238,619 (6,069) -2.48% Transfers To Funds 0 5,450,917 5,450,917 0.00% (4) Allocation Between Departments 354,081 437,590 83,509 23.58% Gross Expenditure Subtotal Taxation 61,705,309 (45,167,763) 50,684,047 (46,037,575) (11,021,261) (869,812) -17.86% 1.93% By-Law Charges and Sales (8,165,388) (5,366,048) 2,799,340 -34.28% (5) Other Revenue (6,753,330) (1,000,561) 5,752,769 -85.18% (6) Transfer from Funds (3,365,501) 0 3,365,501 -100.00% (7) Gross Revenue Subtotal (63,451,982) (52,404,184) 11,047,798 -17.41% Net (revenue) expenditure before indirect allocations Indirect Allocations (1,746,673) 1,746,673 (1,720,137) 1,720,137 26,537 (26,536) -1.52% -1.52% Net (revenue) expenditure after indirect allocations (0) (0) 0 0.00% CSD 48- 2023 Appendix 1 November 9, 2023 2024 Waste Management Schedule of Revenues and Expenditures by Object of Expenditure (1) Increase is due to base annual increases to account for inflation and changes in the collective agreement (4.7%), changes in health and dental benefits (1.4%) and other benefit related changes including Omers and statutory benefits (0.8%). Page 327 of 405 CSD 48- 2023 Appendix 1 November 9, 2023 (2) Overall net reduction is largely a result of increases in contracts operated by WMS (driven by increases in inflation, diesel fuel rates and Consumer Price Index), offset by the reduction in the budget from the MRF divestiture and the impact of EPR changes. See Appendix 2 to Report CSD 48-2023 which illustrates the impact of the MRF divestiture and EPR transition on the 2024 operating budget. (3) Overall reduction is primarily a result of the impact of the MRF divestiture on the operating budget. See Appendix 2 to Report CSD 48-2023 which illustrates the impact of the MRF divestiture on the 2024 operating budget. (4) Transfer to capital reserves has been reinstated in the 2024 budget as part of the budget mitigation/replenishment strategy as well as partial repayment of the 2023 reduction to the Landfill Liability Reserve. (5) Decrease in budgeted revenues is primarily the result of the MRF divestiture. See Appendix 2 to Report CSD 48-2023 which illustrates the impact of the MRF divestiture on the 2024 operating budget. (6) Decrease in budgeted revenues is primarily the result of the MRF divestiture and EPR transition. See Appendix 2 to Report CSD 48-2023 which illustrates the impact of the MRF divestiture and EPR transition on the 2024 operating budget. (7) Transfer from capital reserves are not required for mitigation as the Reserve Strategy has been reestablished. Page 328 of 405 CSD 48- 2023 Appendix 2 November 9, 2023 Waste Management Schedule of Revenue and Expenditures by Budget Request Type Object of Expenditure 2023 WMS Total Budget ($) EPR MRF Transition Divestiture 2024 Base Impact Impact (Note 1) (Note 2) 2024 WMS Total Budget ($) Total Total Variance Variance ($) (%) Notes (2023 Compared to 2024 Base) Labour Related Costs 4,035,380 4,314,865 0 0 4,314,865 279,485 6.93% (1) Administrative 1,131,059 1,051,883 0 (8,317) 1,043,566 (87,493) -7.74% Operational & Supply 54,259,735 56,574,558 (15,292,210) (3,471,861) 37,810,488 (16,449,247) -30.32% (2) Occupancy & Infrastructure 1,067,404 1,343,226 0 (304,954) 1,038,272 (29,132) -2.73% (3) Equipment, Vehicles, Technology 612,962 665,103 0 (315,372) 349,731 (263,231) -42.94% Partnership, Rebate, Exemption 244,688 238,619 0 0 238,619 (6,069) -2.48% Transfers To Funds 0 5,450,917 0 0 5,450,917 5,450,917 0.00% (4) Allocation Between Departments 354,081 346,755 0 90,835 437,590 83,509 23.58% Gross Expenditure Subtotal 61,705,309 69,985,926 (15,292,210) (4,009,669) 50,684,047 (11,300,746) -18.31% Taxation (45,167,763) (46,037,575) 0 0 (46,037,575) (869,812) 1.93% By-Law Charges and Sales (8,165,388) (7,868,087) 0 2,502,039 (5,366,048) 2,799,340 -34.28% (5) Other Revenue (6,753,330) (6,746,449) 5,679,607 66,281 (1,000,561) 5,752,769 -85.18% Transfer from Funds (3,365,501) 0 0 0 0 3,365,501 -100.00% (6) Gross Revenue Subtotal (63,451,982) (60,652,112) 5,679,607 2,568,320 (52,404,184) 9,118,270 -14.37% Net (revenue) expenditure before indirect allocations Indirect Allocations Net (revenue) expenditure after indirect allocations (1,746,673) 1,746,673 9,333,814 (9,612,603) (1,441,348) 1,935,516 0 (215,379) (1,720,137) 1,720,137 (2,182,476) 124.95% (26,536) -1.52% (0) 11,269,330 (9,612,603) (1,656,727) (0) 0 0.00% (1)Increase is due to base annual increases to account for inflation and changes in the collective agreement (4.7%), changes in health and dental benefits (1.4%) and other benefit related changes including Omers and statutory benefits (0.8%). Page 329 of 405 CSD 48- 2023 Appendix 2 November 9, 2023 (2)Increase in the base budget is largely driven by forecasted increases in the various WMS operating contracts which are impacted by the significant increases in inflation, diesel fuel and Consumer Price Index ("CPI"). (3)Increase in the base budget is largely driven by forecasted increases in the various WMS service contracts which are impacted by the significant increases in inflation along with contract pressures. (4)Transfer to capital reserve has been reinstated in the 2024 budget as part of the budget mitigation/replenishment strategy as well as partial repayment of the 2023 reduction to the Landfill Liability Reserve. (5)Decrease in the base budget by-law charges and sales is mainly attributed to realigning landfill revenue sources which forecasts a minor reduction in revenues. (6)Transfer from capital reserves are not required for mitigation as the Reserve Strategy has been reestablished. Page 330 of 405 CSD 2-2023 Appendix 3 January 12, 2023 Multi-year Budget Forecast 2023 to 2026 ($000) Budget Summary 2023 2024 2025 2026 Net Base Budget Requisition before mitigations 52,669 44,722 46,035 50,846 Percentage Change 15.14% -15.09% 2.93% 10.45% Transfers from Reserve: COVID-19 Costs (from Taxpayer Relief Reserve) -6 0 0 0 One-Time Costs (from WM Stabilization Reserve) -288 0 0 0 Total Transfers from Reserve -294 0 0 0 (Note 1) -7,208 1,315 1,041 -1,779 Net Budget Requisition – After Reserve Funding 45,168 46,038 47,076 49,067 Percentage Change 5.50% 1.93% 2.26% 4.23% Waste Management FTE Reconciliation FTE Type 2023 2024 2025 2026 FTE - Regular (Note 2) 34.0 34.0 34.0 34.0 FTE - Temporary (Note 3) 3.7 0.7 0.7 0.7 FTE - Student 11.7 11.7 11.7 11.7 Total FTE (Note 4) 49.4 46.4 46.4 46.4 Page 331 of 405 CSD 2-2023 Appendix 3 January 12, 2023 Note 1 - (Mitigation)/Replenishment Strategy of Transfers to/(from) Reserves for all years presented is as follows: Component of Budget Strategy 2023 2024 2025 2026 Waste Management Capital Reserve (temporary elimination) $ ( 1,779) $ - $ - $ (1,779) Landfill Liability Reserve (temporary elimination) ( 2,357) - - - Transfer to Landfill Liability Reserve (replenishment strategy) - 1,315 1,041 - Total ( 4,136) 1,315 1,041 (1,779) (Utilization)/Replenishment of WM Stabilization Reserve Transfer from WM Stabilization Reserve (mitigation strategy) ( 3,072) - - - Transfer to WM Stabilization Reserve (replenishment strategy) - - - - Total Net Transfer (from)/to WM Stabilization Reserve ( 3,072) - - - Net Budget (Mitigation)/Replenishment Strategy $ ( 7,208) $ 1,315 $ 1,041 $ (1,779) Note 2 - No change in regular FTE count from 2023 to 2024 which will continue to support Waste Management operations. Note 3 - Change in temporary FTE count from 2023 to 2024 is due to the 3.0 FTE's to support the Waste Management Information Line being transferred to the Corporate Services division. Note 4 - Total FTE count is based on required number of FTE's to support Waste Management operations as of 2024. Waste Management will continue to assess FTE requirements to support operations on an annual basis. Page 332 of 405 Municipality 2023 Requisition ($000) 2024 Proposed Requisition ($000) 2023 vs 2024 Increase/(Decrease) ($000) 2023 vs 2024 Increase/(Decrease) (%) Taxable Assessment Growth (%) (Note 1) Net Increase (%) Fort Erie $ 3,426 $ 3,477 $ 50 1.47% 3.43% -1.96% Grimsby $ 2,522 $ 2,543 $ 21 0.83% 1.34% -0.52% Lincoln $ 2,139 $ 2,266 $ 127 5.92% 1.24% 4.68% Niagara Falls $ 8,928 $ 9,007 $ 78 0.88% 1.09% -0.21% Niagara-on-the-Lake (Note 2) $ 1,952 $ 2,000 $ 47 2.43% 0.95% 1.48% Pelham $ 1,578 $ 1,619 $ 41 2.57% 2.98% -0.41% Port Colborne $ 2,226 $ 2,233 $ 7 0.33% 1.95% -1.63% St. Catharines $ 13,445 $ 13,679 $ 234 1.74% 0.26% 1.48% Thorold $ 2,064 $ 2,216 $ 152 7.37% 6.14% 1.23% Wainfleet $ 682 $ 680 $ (1) -0.19% 2.47% -2.66% Welland $ 5,043 $ 5,155 $ 112 2.22% 2.64% -0.42% West Lincoln $ 1,162 $ 1,164 $ 2 0.18% 0.21% -0.03% Total $ 45,168 $ 46,038 $ 870 1.93% 1.50% 0.43% CSD 48-2023 Appendix 4 November 9, 2023 Proposed 2024 Requisition by Municipality Note 1 - Total taxable assessment growth percentage of 1.50% represents Niagara estimated growth for 2023 as of October 13, 2023. Note 2 - NOTL assessment growth value on increase in residential units NOT CVA (as per NOTL requisition methodology). Page 333 of 405 CSD 48-2023 Appendix 4 November 9, 2023 Change in Residential Units - 2024 Budget over 2023 Budget Municipality Residential Units 2023 Budget Residential Units 2024 Budget Increase Increase (%) Fort Erie 16,183 16,545 362 2.24% Grimsby 11,772 11,969 197 1.67% Lincoln 9,945 10,592 647 6.51% Niagara Falls 39,249 40,200 951 2.42% Niagara-on-the-Lake 8,883 9,132 249 2.80% Pelham 7,312 7,535 223 3.05% Port Colborne 10,365 10,450 85 0.82% St. Catharines 60,226 62,244 2,018 3.35% Thorold 9,417 10,293 876 9.30% Wainfleet 3,250 3,256 6 0.18% Welland 23,962 24,645 683 2.85% West Lincoln 5,639 5,680 41 0.73% Total 206,203 212,541 6,338 3.07% Page 334 of 405 Municipality 2023 Final CVA (Note 1) 2023 Final WM Tax Rate 2023 Final WM Taxes 2024 Draft CVA (Note 1) 2024 Draft WM Tax Rate (Note 2) Estimated 2024 WM Taxes Annual Increase/ (Decrease) ($) Annual Increase/ (Decrease) (%) Net Monthly Increase/ (Decrease) ($) Fort Erie 216,145 0.00076757 $ 165.91 216,145 0.00075301 $ 162.76 $ (3.15) -1.90% $ (0.26) Grimsby 400,088 0.00046555 $ 186.26 400,088 0.00046318 $ 185.31 $ (0.95) -0.51% $ (0.08) Lincoln 364,773 0.00048260 $ 176.04 364,773 0.00050489 $ 184.17 $ 8.13 4.62% $ 0.68 Niagara Falls 262,988 0.00059865 $ 157.44 262,988 0.00059741 $ 157.11 $ (0.33) -0.21% $ (0.03) Niagara-on-the-Lake (Note 3) Pelham 364,292 0.00051881 $ 189.00 364,292 0.00051673 $ 188.24 $ (0.76) -0.40% $ (0.06) Port Colborne 207,501 0.00098660 $ 204.72 207,501 0.00097084 $ 201.45 $ (3.27) -1.60% $ (0.27) St. Catharines 259,643 0.00074316 $ 192.96 259,643 0.00075413 $ 195.80 $ 2.85 1.48% $ 0.24 Thorold 228,358 0.00064394 $ 147.05 228,358 0.00065141 $ 148.75 $ 1.71 1.16% $ 0.14 Wainfleet 273,324 0.00063918 $ 174.70 273,324 0.00062257 $ 170.16 $ (4.54) -2.60% $ (0.38) Welland 214,079 0.00084575 $ 181.06 214,079 0.00084227 $ 180.31 $ (0.74) -0.41% $ (0.06) West Lincoln 323,030 0.00051010 $ 164.78 323,030 0.00050995 $ 164.73 $ (0.05) -0.03% $ (0.00) CSD 48-2023 Appendix 5 November 9, 2023 Estimated 2024 Requisition For Typical Residential Property by Municipality Notes: Note 1 - 2023 and 2024 average CVA for typical household based on average value from 2020 tax policy study. No change from 2020 to 2024 as a result of Provincial delay of new assessment cycle. Note 2 - 2024 draft WM rates based on 2023 tax policy (except discount factors), 2024 draft requisition amounts and 2024 estimated returned roll assessment values. Note 3 - NOTL charge to residents based on fixed household amount as calculated by NOTL and therefore not included in this analysis. Page 335 of 405 Waste Management Stabilization Reserve 2023 2024 2025 2026 Opening balance $ 7,280 $ 5,634 $ 5,734 $ 5,834 Interest allocation 100 100 100 100 Transfer to Reserve/Forecasted year-end transfer to reserve 1,613 - - - One-time Costs Funded from Reserve (Note 1) (288) - - - (Budget Mitigation) / Reserve Replenishment Strategy (Note 2) Closing balance (Note 3) Funding Targets (Note 4) (3,072) - - - $ 5,634 $ 5,734 $ 5,834 $ 5,934 Minimum Funding Target $ 6,340 $ 4,690 $ 4,834 $ 5,271 Maximum Funding Target $ 9,509 $ 7,035 $ 7,251 $ 7,906 Waste Management Capital Reserve 2023 2024 2025 2026 Opening balance $ 7,914 $ 24,677 $ 24,796 $ 25,605 Interest allocation 100 100 100 100 Budgeted transfer to reserve - 1,779 1,779 - Budgeted transfer from reserve (Note 5) (3,371) (1,760) (1,070) (841) One-time transfer to reserve (Note 6) 14,481 - - - Forecasted year-end transfer to reserve (Note 7) Closing balance Funding Targets (Note 8) $ 5,551 - - - 24,677 $ 24,796 $ 25,605 $ 24,864 Minimum Funding Target $ 5,000 $ 5,000 $ 5,000 $ 5,000 Maximum Funding Target $ 10,600 $ 10,600 $ 10,600 $ 10,600 Landfill Liability Reserve 2023 2024 2025 2026 Opening balance $ 8,183 $ 5,523 $ 4,920 $ 7,443 Interest allocation 125 125 125 125 Budgeted transfer to reserve - 3,672 3,398 2,357 Budgeted transfer from reserve (Note 5) Closing balance $ (2,785) (4,400) (1,000) - 5,523 $ 4,920 $ 7,443 $ 9,924 CSD 48-2023 Appendix 6 November 9, 2023 Forecasted Waste Management Reserve Balances (in thousands of dollars) Page 336 of 405 Funding Targets (Note 9) Minimum Funding Target $ 31,081 $ 31,081 $ 31,081 $ 31,081 Maximum Funding Target $ 77,703 $ 77,703 $ 77,703 $ 77,703 CSD 48-2023 Appendix 6 November 9, 2023 Note 1 - Transfer back to reserve in 2022 represented funding drawn from Stabilization Reserve as part of the 2022 operating budget to fund a temporary 18 month position through the EPR transition. Funding was returned to reserve in 2022 and is budgeted to be used for one-time consulting costs relating to the transition in the 2023 budget. Note 2 - Transfer to/(from) Waste Management Stabilization Reserve as part of reserve mitigation/replenishment strategy have been included in WMS 2023-2026 multi-year forecast. Note 3 - 2023 forecasted balance will be impacted by any surplus/deficit relating to 2023 operations. Any surplus/(deficit) will be recommended from transfer to/(from) the Waste Management Stabilization Reserve as part of the 2023 Year End Results and Transfer Report to be presented to Corporate Services Committee in Q1 2024. Note 4 - As per Niagara Region's Reserve and Reserve Funds Policy (C-F-013), the funding target for the Waste Management Stabilization Reserve is 10% to 15% of operating expenditures not including debt repayments. Note 5 - Budgeted transfer from reserve represents transfers out of the Waste Management Capital Reserve in order to fund capital projects. Note 6 - Transfer to Waste Management Capital Reserve in 2023 represents one-time adjustments consisting of net proceeds from the sale of the MRF and development charge funding corrections from previously closed projects. Note 7 - Forecasted year-end transfer to reserve represents the amount expected to be returned to the Waste Management Capital Reserve due to closing completed capital projects and related balances of such in the capital variance project. Note 8 - Waste Management Capital Reserve funding target is in alignment with AMP target AARI of open landfill assets, however does not address the backlog. Note 9 - Waste Management Landfill Liability Reserve funding target is 40% to 100% of the unfunded liability presented on the consolidated financial statements. Funding targets shown above are based on the amount of the unfunded landfill liability presented in the audited 2022 Niagara Region consolidated financial statements. Funding targets to be updated annually based on the amount presented in the consolidated financial statements. Page 337 of 405 Page 338 of 405 Page 339 of 405 268 Maiden Lane, Suite 206, PO Box 2669, St. Marys, ON N4X 1A4 Tel: 226.661.2002 • Fax: 226.661.2003 • admin@aors.on.ca • www.aors.on.ca January 8, 2024 Dear Head of Council, Deputy Head of Council and Councillors, Your local Public Works department provides invaluable services within your community. Without the dedicated public works employees that you are fortunate to have, many basic functions in your community would not be able to happen. Without maintained roads, your emergency services (police, fire, and ambulance) would not be able to respond to calls, school buses could not run to get children to school, and your residents would not be able to leave to work, school, appointments, children’s extra-curriculars and any other activity important to them. Additionally, as you work with the provincial government to tackle the housing crisis, your communities require more core infrastructure to handle the growth. For the health and safety of our communities it is important we keep our Public Works department staff complement full, and well trained. Public Works departments across the province have already begun to feel the impacts of labour shortages, and as we will begin to see many retirements across the province, the shortage will become even more exasperated. From a recent survey that AORS completed with public works departments from across Ontario, we know that 91.5% of respondents will be hiring entry level positions in the next three to five years. However, we are already seeing the start of the labour shortage. From our survey, we found that 70% of respondents already reported getting less than five applications for entry level positions when posted, and the top three challenges municipalities are currently facing is a lack of applicants, applicants that do apply not meeting the required qualifications and municipalities having to compete with private sector positions. Over the last year, AORS has been dedicating much of our advocacy to encouraging youth to consider careers in public works through career fairs, local government presentations to students, developing printed resources for guidance counsellors and much more. AORS has also been working closely with Fanshawe College Corporate Training Solutions to develop a Municipal Operator Course that would train potential municipal equipment operators to come to your municipality with the basic knowledge they need to begin maintaining your core infrastructure. This would be the first course of its kind that would attract potential students from across the Province of Ontario. To fund this endeavor, AORS has applied for a Skills Development Fund through the Province’s Ministry of Labour, Training, Immigration and Skilled Trades. We are reaching out to you for your support in our application and your advocacy to the province on why having more – and qualified – applicants to our public works departments are so imperative. We would ask that you consider passing the following motion: WHEREAS, municipal public works departments from across the Province of Ontario provide invaluable services to our communities ensuring the health and safety of all residents; AND WHEREAS, if it was not for our municipal public works employees from across the Province of Ontario maintaining our public roads systems, our communities would not be able to function as Page 340 of 405 emergency personnel could not respond to calls, school buses could not get our children to school, residents would not be able to get to work, school or appointments and many more basic functions would not be able to happen; AND WHEREAS, municipal public works departments are already feeling the impacts of a labour shortage, which will only be exasperated over the next three to five years, which will cause levels of service municipalities are able to provide to ensure the health and safety of our residents to decrease; AND WHEREAS, there is currently no provincial-wide course that properly trains potential municipal public works employees, specifically relating to municipal heavy equipment. THEREFORE IT BE RESOLVED, that (INSERT MUNICIPALITY NAME) supports the work of the Association of Ontario Road Supervisors to develop a Municipal Equipment Operator Course to address this issue; AND THAT, (INSERT MUNICIPALITY NAME) calls on the Province of Ontario’s Ministry of Labour, Training, Immigration and Skilled Trades to fully fund the Municipal Equipment Operator Course in 2024 through the Skills Development Fund; AND THAT, a copy of this resolution be sent to the Minister of Labour, Training, Immigration and Skilled Trades David Piccini, (INSERT MUNICIPALITY’S NAME)’s Member of Provincial Parliament (INSERT LOCAL MPP NAME) and the Association of Ontario Road Supervisors. We appreciate your on-going support and should you have any questions or concerns, please do not hesitate to contact AORS for all things municipal public works! Best regards, John Maheu Dennis O’Neil AORS Executive Director AORS Member Services Coordinator Christie Little Kelly Elliott AORS Training and Programming Coordinator AORS Marketing and Communications Specialist Page 341 of 405 Notice of Motion – Municipal Equipment Operator Course WHEREAS, municipal public works departments from across the Province of Ontario provide invaluable services to our communities ensuring the health and safety of all residents; AND WHEREAS, if it was not for our municipal public works employees from across the Province of Ontario maintaining our public roads systems, our communities would not be able to function as emergency personnel could not respond to calls, school buses could not get our children to school, residents would not be able to get to work, school or appointments and many more basic functions would not be able to happen; AND WHEREAS, municipal public works departments are already feeling the impacts of a labour shortage, which will only be exasperated over the next three to five years, which will cause levels of service municipalities are able to provide to ensure the health and safety of our residents to decrease; AND WHEREAS, there is currently no provincial-wide course that properly trains potential municipal public works employees, specifically relating to municipal heavy equipment. THEREFORE IT BE RESOLVED, that (INSERT MUNICIPALITY NAME) supports the work of the Association of Ontario Road Supervisors to develop a Municipal Equipment Operator Course to address this issue; AND THAT, (INSERT MUNICIPALITY NAME) calls on the Province of Ontario ’s Ministry of Labour, Training, Immigration and Skilled Trades to fully fund the Municipal Equipment Operator Course in 2024 through the Skills Development Fund; AND THAT, a copy of this resolution be sent to the Minister of Labour, Training, Immigration and Skilled Trades David Piccinni, (INSERT MUNICIPALITY’S NAME)’s Member of Provincial Parliament (INSERT LOCAL MPP NAME) and the Association of Ontario Road Supervisors. Page 342 of 405 1 The Niagara Falls Shadow Council An Independent Social Counseling Organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #01-16-2024-01 Tuesday, January 16, 2024 Comments for the January 16 2024 Council Meeting Agenda City of Niagara Falls Affordable Housing updated Report 426 Days 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, 426 days Council Members, 426 failures ... Page 343 of 405 2 Page 344 of 405 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 an Independent Social Counseling organization. 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 345 of 405 1 The Niagara Falls Shadow Council An Independent Social Counseling Organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #01-16-2024-02 Tuesday, January 16, 2024 Comments for the January 16 2024 Council Meeting Agenda Mayor Diodati and Councilor Strange comments concerning 15,000 students updated Report 398 Days 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 398 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 346 of 405 2 Page 347 of 405 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 an Independent Social Counseling organization. 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 348 of 405 1 The Niagara Falls Shadow Council An Independent Social Counseling Organization "Holding Governments Accountable" Lady Justice Do not redact the contents of this document This document can be freely distributed Comments #01-01-2024-03 Tuesday, January 16, 2024 Correspondence for the January 16 2024 Council Meeting Mayor Diodati comments concerning Development Downtown updated Report 745 Days 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 745 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 349 of 405 2 Page 350 of 405 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 351 of 405 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 December 28, 2023 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY Re: Appointments to Transportation Strategy Steering Committee In accordance with the Terms of Reference approved by Regional Council on September 21, 2023, it is requested your Council recommend a nominee for appointment by Regional Council to the Transportation Strategy Steering Committee for the current term of Council (ending November 2026). The Transportation Strategy Steering Committee (TSSC) is an advisory committee to the Public Works Committee (PWC). The TSSC will advise on matters related to transportation policy and planning across disciplines affecting the transportation network in Niagara. The committee plays an advocacy role in matters related to education and engagement for improved mobility throughout the network and will maintain a broad view of competing transportation needs and provide input to guide decision making by Regional Council. The TSSC will also provide input to staff and Regional Council through the PWC on policies, programs, and initiatives related to building and planning balanced and sustainable transportation systems. Meetings will be held quarterly, on a day and time yet to be determined. Please note that Niagara Region will also be seeking eight (8) members of the public to serve on the committee ensuring representation from tourism, major educational institutions, active transportation advocacy organizations, accessibility advocates, and DEI representatives. The committee’s Terms of Reference are attached for your information. I respectfully request that the appointment be included for consideration by your Council. If you require additional information, please feel free to contact me. Yours truly, Ann-Marie Norio Regional Clerk CLK-C 2023-146 Page 352 of 405 Page 1 of 11 Transportation Strategy Steering Committee (TSSC) Terms Of Reference Appendix to Report PW 40-2023 Recommended for Approval by the Public Works Committee on September 12, 2023 Ratified by Regional Council on September 21, 2023 Page 353 of 405 Transportation Strategy Steering Committee Terms of Reference Page 2 of 11 TABLE OF CONTENTS 1. Preamble ...................................................................................................................... 3 2. Mandate ....................................................................................................................... 3 2.1 Areas of Focus ............................................................................................................................. 4 2.1.1 Strategic Transportation Planning ................................................................................ 4 2.1.2 Active Transportation .................................................................................. 4 3. Goals/Purpose ............................................................................................................. 5 4. Reporting Structure ...................................................................................................... 6 5. Work Plan .................................................................................................................... 6 6. Budget .......................................................................................................................... 7 7. Membership ................................................................................................................. 7 7.1 Composition ............................................................................................................ 7 7.2 Term ....................................................................................................................... 8 7.3 Privacy ................................................................................................................... 8 8. Roles and Responsibilities ........................................................................................... 8 8.1 Chair & Vice Chair .................................................................................................. 8 8.2 Committee Members .............................................................................................. 9 9. Working Groups ........................................................................................................... 9 10. Resources .................................................................................................................. 10 11. Meetings .................................................................................................................... 10 12. Absenteeism .............................................................................................................. 11 13. Amendments to the Terms of Reference ................................................................... 11 Page 354 of 405 Transportation Strategy Steering Committee Terms of Reference Page 3 of 11 1. Preamble Niagara Region is committed to developing a balanced and sustainable transportation network for moving people and goods while considering the mobility needs of all vulnerable road users including pedestrian and cyclists. The Regional Transportation Master Plan (TMP) (as updated from time to time) will serve as a blueprint for the enhancement of a sustainable transportation network. In addition, Niagara Region is committed to implementing various transportation programs, policies and guidelines in collaboration and cooperation with the community at large and in keeping with the regulatory requirements and industry best practices. These terms of reference establish the mandate and the mechanism for communication and collaboration with representatives from Council, strategic partners and Niagara’s broader community for active transportation and strategic planning initiatives. In order to develop a balanced and sustainable transportation network which considers the mobility needs of all interested parties (walking, cycling, marine, air, commercial vehicles, rail, transit and auto) a comprehensive TMP was most recently updated in 2017. The TMP is a holistic view on moving people and goods as required, it serves as a “blueprint” for the next 25 years and requires regular monitoring and updates. The Transportation Strategy Steering Committee (TSSC) is an advisory committee to the Public Works Committee (PWC). The TSSC will advise on matters related to transportation policy and planning across disciplines affecting the transportation network in Niagara. The committee plays an advocacy role in matters related to education and engagement for improved mobility throughout the network. The committee is to maintain a broad view of the competing transportation needs and provide input to guide decision- making by Regional Council. 2. Mandate The core mandate of the TSSC is to provide input to staff and Regional Council through the PWC on policies, programs, and initiatives related to building and planning balanced and sustainable transportation systems. The committee shall participate in, or recommend studies and research related to its mandate and areas of focus as outlined in the sections below. The committee, as directed by Regional Council and in alignment with Regional Council’s strategic priorities, shall collaborate with other agencies to develop alternatives and solutions related to transportation planning and policy development. Page 355 of 405 Transportation Strategy Steering Committee Terms of Reference Page 4 of 11 The committee will also assist in forming advice and recommendations to the PWC in collaboration with staff. 2.1 Areas of Focus The areas of strategic focus, along with the role of the committee, are outlined below and further defined in section 3. 2.1.1 Strategic Transportation Planning Strategic Focus TSSC Role Niagara Region Transportation Master Plan Key stakeholder on issues affecting long-term transportation planning, transportation systems development, cycling and active transportation during the master plan update NGTA Corridor Advocacy group supporting the PWC by championing the accelerated implementation of the NGTA East corridor by the Province GO Rail expansion Stakeholder Road Safety and Vision Zero Advocacy and advisory body Other strategic transportation initiatives as directed by Council or led by senior staff that require support Advisement body 2.1.2 Active Transportation Strategic Focus TSSC Role Cycling for all ages and abilities as means of transportation, healthy living, recreation and tourism Advocacy and advisory body Active Transportation Master Plan Support the implementation of the future active transportation network (cycling and pedestrian) evolving from the TMP Way finding and signage Support the development and implementation of a consistent way finding and signage plan for cyclists and complementary transportation modes such as walking, and transit Niagara Region Complete Streets Design Guidelines Advocacy, to strengthen the implementation on a regional level with the support of our Local Partners Greater Niagara Circle Route Support the expansion of the Greater Niagara Circle Route, plan and advocate for future improvements to the existing network Page 356 of 405 Transportation Strategy Steering Committee Terms of Reference Page 5 of 11 3. Goals/Purpose • Transportation Master Plan (TMP) Update, participate in the TMP update by completion of the following tasks:  Attend stakeholder meetings  Advocate for the participation of interested parties across the Region  Provide feedback on sensitive issues as requested by staff  Support/review update reports intended to engage PWC and Council on the progress of the TMP update • NGTA Corridor, advocate for the advancement of the NGTA corridor by undertaking the following actions:  Advocate for funding when programs become available  Champion the project and any programs related to the advancement of the project  Advocate to higher levels of Government at designated events with the goal of raising the awareness of the benefits of investment in the project • GO Rail Expansion, advocate for the future expansion of GO service by participation in the following tasks:  Attend meetings as required related to the future expansion of GO service  Advocate for future expansion of GO Rail service at designated events when requested  Remain connected to initiatives and opportunities that may provide for future expansion of GO service • Road Safety, participate in the overall Vision Zero initiative and Road Safety Program by completing the following tasks:  Participate as an advisory body on specific aspects of the Region’s Road Safety Strategic Plan  Advocate for advanced road safety principal implementation  Advocate for appropriate funding to meet Region wide safety goals  Remain connected to the community and higher levels of Government with the strategic goal of identifying funding opportunities for the overall advancement of road safety in Niagara • Active Transportation Master Plan, participate in the development of the ATMP by participation in the following:  Participate as a stakeholder in the development of the ATMP and wayfinding strategies Page 357 of 405 Transportation Strategy Steering Committee Terms of Reference Page 6 of 11  Advocate for the active participation of Local Municipal and Provincial levels of Government to ensure a holistic approach to the network  Remain connected to initiatives that may assist the Region and Local Municipalities in achieving a more connected network Region wide • Complete Streets, Advocate for implementation of Complete Streets on a broad level across the Region by execution of the following tasks:  Participation in advocacy with local user groups on the benefits of Complete Streets  Remain connected and educated on the benefits of complete streets to strengthen the ability to advocate for the need and positive outcomes of the initiative  Advocate to respective local municipal Councils on the benefits of Complete Streets implementation  Support and advise fellow Councillors on the progress of the initiative • Greater Niagara Circle Route, advocate for the expansion and improvement of the network through the following tasks:  Participate in active education related to the benefits and opportunities connected to the GNCR  Attend events where possible to assist in education and advocacy for the GNCR with the goal of increasing ridership and economic growth  Attend meetings as requested with affected local municipalities to enhance the network and establish short and long-term growth plans 4. Reporting Structure The TSSC will report to Regional Council through the Public Works Committee. 5. Work Plan The TSSC will provide advice and input to staff in the development of an annual work plan identifying the specific initiatives and activities to be undertaken within each of the areas of focus, inclusive of budget needs, to further guide decision-making and resource management. The work plan will be presented to the TSSC for approval on an annual basis. Page 358 of 405 Transportation Strategy Steering Committee Terms of Reference Page 7 of 11 6. Budget Niagara Region Public Works Department (Transportation Services Division) is responsible for identifying appropriate funding in its annual budget(s) to support the activities of the TSSC Committee. Subject to budget considerations, additional funding may be assigned for specific studies, projects or events proposed by the TSSC for a particular year. 7. Membership 7.1 Composition Membership for the TSSC shall not exceed a maximum of 25 members. Membership for the TSSC shall include: • One (1) Local or Regional Councillor representing each local area municipality appointed based on the recommendation from the local area municipality • Eight (8) representatives from the public at large, including but not limited to representatives from tourism, major educational institutions, active transportation advocacy organizations, accessibility advocates, and DEI representatives • Four (4) members of the Transportation Division, including the Director Transportation Services and Associate Directors in the following sections: Planning, Engineering, Systems/Operations (non-voting members) The members shall represent the geographic diversity of the Region and a broad cross- section of residents, and gender balance. The membership shall be approved by Council and the term is concurrent with Regional Council's elected term of office. The initial call for membership is made in accordance with Niagara Region's established application process. During the term of membership should a member be removed or resign, replacement of that member shall be in accordance with the appropriate process for municipal or public members. All attempts will be made to stay within the guideline composition; however, if the applications received or the qualifications of applicants do not fully address the guideline composition criteria, the most capable and qualified applicants will be recommended for appointment to fulfill the membership composition. Page 359 of 405 Transportation Strategy Steering Committee Terms of Reference Page 8 of 11 7.2 Term The term of membership shall be four years, concurrent with Regional Council’s elected term of office, and the membership shall be approved by Council in accordance with membership requirements in the Terms of Reference. 7.3 Privacy The meetings and minutes of the TSSC are public. Members should be aware that their names will be in the public realm and a list of membership may be provided when requested. Member information, other than name or municipality, will be kept confidential in accordance with the Municipal Freedom of Information and Protection of Privacy Act. 8. Roles and Responsibilities 8.1 Chair & Vice Chair A Chair and Vice Chair will be elected from Committee members at the first meeting to preside over meetings and Committee business for a two-year term. The Chair and Vice Chair shall be Councillor members of the committee. It is the role of the Chair to preside over Committee meetings so that its business can be carried out efficiently and effectively, and to act as a liaison between the Committee, the Public Works Committee and Regional Council. The Chair shall also ensure the following: • Encourage balanced and professional discussion • Enforce on all occasions the observance of order and decorum among members • Adjourn the meeting when business is concluded It is the role of the Vice Chair to preside over Committee meetings in the absence of the Chair and to perform any other duties delegated by the Chair or as assigned by the Committee through a majority vote. Page 360 of 405 Transportation Strategy Steering Committee Terms of Reference Page 9 of 11 8.2 Committee Members All TSSC members, including the Chair and Vice Chair, have the responsibility to help achieve the TSSC’s Mandate and Goals/Purposes. Committee members are also responsible for: • Reviewing meeting materials in advance of the meetings and arrive prepared to provide a broad perspective on the issues under consideration • Working diligently to complete assigned activities • Participation on working groups, as appropriate • Committing to describe, process and resolve issues in a professional and respectful manner • Providing input to help identify future projects or strategic priorities for future years’ work • Communicating activities of the Committee to groups represented or those who may have an interest and offer information back to the Committee. 9. Working Groups To fulfill its mandate and accomplish its goals, the TSSC may establish working groups to deal with specific issues or projects. The working groups will meet, as needed, to review specific issues referred to them by the TSSC and otherwise complete their assigned tasks. Working groups are considered to be time-limited, project specific sub-committees of the TSSC in that they are convened to accomplish a specific task (or tasks) in a narrowly defined time period. Working groups must be comprised of at least 5 members of the TSSC and may include community members and other individuals with relevant knowledge and expertise. Local municipal participation should be sought depending on the nature of the work being undertaken. Working groups shall be chaired where possible by a member of the TSSC and regular updates shall be provided to the TSSC regarding recommendations on assigned projects. Working groups may meet at a time and place as decided by the Chair of the working group. TSSC shall receive administrative support from the Office of the Regional Clerk for meeting and agenda management. Page 361 of 405 Transportation Strategy Steering Committee Terms of Reference Page 10 of 11 10. Resources The Transportation Services Division is the designated lead department providing resource support for the TSSC; however, the Committee also has access to the technical expertise of staff from other Regional departments as may be required. It is recognized that staff time and the level of participation will be dependent on other departmental priorities as determined by senior management and/or Regional Council. As required, additional resources may be sought. Additional resourcing may be required for projects with senior levels of government. Resource support may also be provided, by invitation, from staff of the Provincial Ministries, in particular the Ministry of Transportation (MTO), the Niagara Parks Commission, the local municipal councils and other local agencies, to offer expertise and assistance on matters under consideration by the Committee and/or for information- sharing purposes. The Committee shall receive administrative support from the Office of the Regional Clerk for meeting and agenda management. 11. Meetings A meeting schedule following a quarterly cycle shall be set for the TSSC. The schedule will be circulated to the members for approval each year. Should a time-sensitive matter arise, the TSSC may meet at the call of the Chair. The TSSC meetings may be held in a virtual format, at Regional Headquarters or another suitable location as may be determined. All meetings will be open to the public. Meetings shall be governed by the Region’s Procedural By-law, being a by-law to govern the calling, place and proceedings of the meetings of Council and its Committees, as may be amended from time-to-time. For any items arising from TSSC meetings that require Council’s approval or endorsement, TSSC will present a report to the PWC outlining the recommendations of the TSSC and the recommendations of its members. Meeting minutes for TSSC shall be included on the PWC meeting agenda for the information of the Committee and Regional Council. A committee member who is unable to attend a meeting, shall forward his/her regrets to the Office of the Regional Clerk as soon as possible. Should the Office of the Regional Clerk not have confirmation of quorum 24 hours prior to the meeting, the meeting shall be cancelled. Page 362 of 405 Page 11 of 11 12. Absenteeism Members who miss three unauthorized consecutive meetings shall be deemed to have resigned from the Committee and will be notified of this in writing by the Committee Chair. 13. Amendments to the Terms of Reference The Terms of Reference should be reviewed and refined at a minimum of every four years to ensure that they remain current and meaningful. Proposals to amend the Terms of Reference shall require the approval of a majority of the members present. Proposed amendments to the Terms of Reference shall be submitted to Regional Council for approval through the Public Works Committee and shall take effect only upon the approval of Council. Page 363 of 405 CITY OF NIAGARA FALLS By-law No. 2024-001 A by-law to amend By-law No. 79-200, to permit the use of the lands for the development of 6 townhouse dwelling units in 1 block, together with a semi-detached dwelling. (AM-2023-024). 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 the R4 zone. (b) A semi-detached dwelling, in accordance with the regulations contained in 7.9.2 and in 7.9.3, of By-law 79-200 for a townhouse dwelling. 5. The regulations governing the permitted uses shall be: (a) Minimum lot frontage 24 metres (b) Minimum interior side yard width 1.2 metres (c) The balance of the regulations specified for a R4 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 B2 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from DH to R4 and numbered 1229. Page 364 of 405 2 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1229 Refer to By-law No. 2024-001 Read a First, Second and Third time; passed, signed, and sealed in open Council this 16th day of January 2024. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2023\AM-2023-024 - Montrose Road, 3090 (PID# 14473)\9 By-law\By-law AM-2023-024.docx Page 365 of 405 11.4m14.9m15.7m19.9m21.2m 24.22m27.5m 28.0m 5 5 . 4m 49.4m 5 4 . 3 0m 56.2m65.21 m 67.0m 87.15mMo n t r os eRdFrila Ln Q u e e n E l i z a b e t h W y K:\GIS_Requests\2023\Schedule\Zoning2023.aprx 12/21/2023 SCHEDULE 1 TO BY-LAW NO. 2024-001 Amending Zoning By-law No. 79-200 ¯ AM-2023-024 Description: Applicant: 2855078 ONTARIO INC. Assessment: 272510000303700 PT TWP LT 45 STAMFORD AS IN RO459801: CITY OF NIAGARA FALLS PIN: 64293-0479(LT) R4 1229 Area Affected by this Amendment Page 366 of 405 CITY OF NIAGARA FALLS By-law No. 2024-002 A by-law to amend By-law No. 79-200, to permit the use of the lands for the development of 9 townhouse dwelling units in 2 blocks, together with 3 detached dwellings (AM-2023-020). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The Lands shall be identified as two parcels, known as Parcels R4-1227 and R1E- 1228. 3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by this by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses shall be: (a) For Parcel R4-1227: (i) the uses permitted in a R4 zone (ii) A detached dwelling, in accordance with the regulations contained in 7.9.2 and in 7.9.3 of By-law No. 79-200 for a townhouse dwelling. (b) For Parcel R1E-1228, the uses permitted in the R1E zone 6. The regulations governing the permitted uses on Parcel R4-1227, shall be: (a) Minimum rear yard depth for a dwelling (i) along the lot line between points A and B, as shown on Schedule 1 (ii) along the lot line between points C and D, as shown on Schedule 1 (iii) for the remainder of the rear lot line 2 metres 3 metres 7.5 metres Page 367 of 405 2 (b) Minimum interior side yard width for a dwelling (i) along the lot line between points E and F, as shown on Schedule 1 (ii) along the lot line between points G and H, as shown on Schedule 1 (iii) for the remainder of the interior lot line 2.69 metres 2 metres one-half the height of the building (c) The balance of the regulations specified for a R4 use. 7. The regulations governing the permitted uses on Parcel R1E-1228, shall be: (a) Minimum rear yard depth 7 metres (b) The balance of the regulations specified for the R1E use. 8. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 9. No person shall use the Lands for a use that is not a permitted use. 10. No person shall use the Lands in a manner that is contrary to the regulations. 11. The provisions of this by-law shall be shown on Sheet B2 of Schedule “A” of By-law No. 79-200 by redesignating the Lands from R1A and numbered 383, in part and R1C and numbered 384, in part, to R4 and numbered 1227, in part, and R1E and numbered 1228, in part. 12. For the purposes of this By-law, none of the provisions of By-law No. 1995-146 shall continue to apply to Parcels R4-1227 and R1E-1228. 13. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1227 Refer to By-law No. 2024-002 19.1.1228 Refer to By-law No. 2024-002 Read a First, Second and Third time; passed, signed, and sealed in open Council this 16th day of January 2024. .......................................................... ................................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2023\AM-2023-020 - Montrose, 3151 & Vacant Parcel to the North (PID # 164404 & 164402)\9 By-law\Bylaw AM- 2023-020.docx Page 368 of 405 11.4m14.9m15.7m19.9m21.2m 27.5m 28.0m 49.4m 5 5 . 4m 56.2m67.0m A B C D E F G H Frila Ln M a t t h e w s D r Montrose RdBishop A v K:\GIS_Requests\2023\Schedule\Zoning2023.aprx 12/21/2023 SCHEDULE 1 TO BY-LAW NO. 2024-002 Area Affected by this Amendment Amending Zoning By-law No. 79-200 ¯ Applicant: 1000441695 ONTARIO INC. Assessment: 272510000304650, 272510000362302 Description:PT LT 46 TWP STAMFORD, PT 11 59R9692, EXCEPT PTS 1,2, 4 59R13324; NIAGARA FALLS PL LT 46 TWP STAMFORD, PT 2 59R13324; NIAGARA FALLS PT LT 12 PL 59M262, PT 59R11975; CITY OF NIAGARA FALLS PT LT 13 PL 59M262, PT 2 59R11975; NIAGARA FALLS PIN : 64294-0294 (LT), 64294-0293 (LT), 64294-0286 (LT), 64292-0288(LT) R4 1227 AM-2023-020 R1E 1228 Page 369 of 405 CITY OF NIAGARA FALLS By-law No. 2024-003 A by-law to amend By-law No. 79-200, to permit the use of the lands for 3 stacked townhouse dwellings containing 43 dwelling units. (AM-2022-030). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by this by-law. In the case of any conflict between a specific provision of this by -law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in the R5C zone 5. The regulations governing the permitted uses on Parcel R5C–1230 shall be: (a) Minimum lot area 98 square metres for each dwelling unit (b) Minimum interior side yard width (i) from the west property line (ii) from all other side lot lines 5 metres one-half the height of the building (c) Maximum height of a building or structure 13 metres subject to section 4.7 of By-law No. 79-200 (d) Minimum landscaped open space 38% of the lot area (e) Minimum number of parking spaces 1.25 parking space for each dwelling unit (f) Maximum projection of a balcony into a required side yard 1.6 metres Page 370 of 405 2 (g) The balance of the regulations specified for an R5C 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 C5 of Schedule “A” of By-law No. 79-200 by redesignating the Lands from R4 to R5C and numbered 1230. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1230 Refer to By-law No. 2024-003 Read a First, Second and Third time; passed, signed, and sealed in open Council this 16th day of January 2024. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2022\AM-2022-030 McLeod Road, 5809 (PID# 348988)\9 By-law\Bylaw - AM-2022-030.docx Page 371 of 405 1.5m 40m43m50m 52m 83mMcLeod Rd Ailanthus AvHennepin CrSandyRidgeCmMarinelandPy Frontenac St K:\GIS_Requests\2023\Schedule\Zoning2023.aprx 12/21/2023 SCHEDULE 1 TO BY-LAW NO. 2024-003 Area Affected by this Amendment Amending Zoning By-law No. 79-200 ¯ AM-2022-030 Applicant: 1959064 Ontario Inc. Assessment: 272503000404000 Description:Part Lot 26, Plan 67, Stamford as in RO710197; City of Niagara Falls, Lot 27, Plan 67, Stamford; City of Niagara Falls PIN: 64375-0395 (LT) and 64375-0394 (LT) R5C 1230 Page 372 of 405 CITY OF NIAGARA FALLS By-law No. 2024-004 A by-law to amend By-law No. 79-200, to permit the use of the lands for the development of 44 townhouse dwelling units in 9 blocks, together with 1 detached dwelling and 2 semi- detached dwellings and to repeal By-law No. 1988-134 (AM-2023-010). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The Lands shall be identified as two parcels, known as Parcel R4-1231 and Parcel EPA. 3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by this by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses shall be: (a) For Parcel R4-1231: (i) the uses permitted in the R4 zone. (ii) A detached dwelling, in accordance with the regulations contained in 7.9.2 and in 7.9.3 of By-law No. 79-200 for a townhouse dwelling. (iii) A semi-detached dwelling, in accordance with the regulations contained in 7.9.2 and in 7.9.3 of By-law No. 79-200 for a townhouse dwelling. (b) For Parcel EPA, the uses permitted in the EPA zone. 6. The regulations governing the permitted uses on Parcel R4–1231, shall be: (a) Minimum rear yard depth (i) along the lot line between points A and B, as shown on Schedule 1 (ii) for the remainder of the rear lot line 6.9 metres 7.5 metres Page 373 of 405 2 (b) Minimum interior side yard width for a dwelling (i) along the lot line between points C and D, as shown on Schedule 1 (ii) for the remainder of the interior lot line 3 metres one-half the height of the building (c) Maximum height of building and structure and number of storeys 11 metres and 2 storeys, whichever is lesser, subject to section 4.7 of By- law No. 79- 200 (d) Minimum privacy yard depth, as measured from the exterior rear wall of every dwelling unit (i) along the lot line between points A and B, as shown on Schedule 1 (ii) for all other dwellings 6.9 metres 7.5 metres (e) The balance of the regulations specified for a R4 use. 7. The regulations governing the permitted uses on parcel EPA, shall be the regulations specified for an EPA use. 8. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 9. No person shall use the Lands for a use that is not a permitted use. 10. No person shall use the Lands in a manner that is contrary to the regulations. 11. The provisions of this by-law shall be shown on Sheet B3 of Schedule “A” of By-law No. 79-200 by redesignating the Lands from R5A and numbered 190, in part, and DH, in part, to R4 and numbered 1231, in part, and EPA, in part. 12. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1231 Refer to By-law No. 2024-004 17. By-law No. 1988-134 is repealed. Read a First, Second and Third time; passed, signed, and sealed in open Council this 16th day of January 2024. ............................................................. .......................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2023\AM-2023-010 - Thorold Stone Road, 7735-7769 (PID# 348953)\9 By-law\Bylaw AM-2023-010.docx Page 374 of 405 6.2m 7.4m20.5m C=21.7mC=23.1mC=26.3m30.5m 44.3m 61.5m 88.9m186.4m 28.6mF o x e D rNorthwoodDrCollard AvThorold Stone Rd A B C D K:\GIS_Requests\2023\Schedule\Zoning2023.aprx 12/21/2023 SCHEDULE 1 TO BY-LAW NO. 2024-004 Area Affected by this Amendment Amending Zoning By-law No. 79-200 ¯ Applicant: THOROWEST CONSTRUCTION LTD. Assessment: 272510000300205 Description:PART OF STAMFORD TOWNSHIP LOT 70, PART 1 PLAN 59R17414; PART OF STAMFORD TOWNSHIP LOT 70, PART 2 PLAN 59R17414; PART OF STAMFORD TOWNSHIP LOT 70, PART 3 PLAN 59R17414; PART OF STAMFORD LOT 70, PART 4 PLAN 59R17414; CITY OF NIAGARA FALLS PIN: 64297-0206 (LT) R4 1231 AM-2023-010 EPAC=21.7mC=23.1mC=26.3mPage 375 of 405 CITY OF NIAGARA FALLS By-law No. 2024-005 A by-law to amend By-law No. 395-1966, By-law No. 2003-078 and By-law No. 79-200, to fulfill conditions of approval of consent applications B-2022-002 to 004 (inclusive) and permit 3 detached dwelling units (AM-2023-018). 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. None of the provisions of By-law No 395-1966 shall apply to the Lands or prevent the Lands from being added to and placed under the control of By -law No. 79-200. 3. The Lands shall be identified as three parcels, known as Parcels R1C, R1C-1226, and EPA. 4. 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. 5. 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. 6. The permitted uses shall be: (a) For Parcel R1C, the uses permitted in the R1C zone. (b) For Parcel R1C-1226, the uses permitted in the R1C zone. (c) For Parcel EPA, the uses permitted in the EPA zone. 7. The regulations governing the permitted uses on Parcel R1C shall be the regulations specified for a R1C zone. 8. The regulations governing the permitted uses on Parcel R1C-1226, shall be: (a) Minimum lot frontage 6.3 metres Page 376 of 405 2 (b) Minimum interior side yard width (i) To the south interior lot line (ii) To all other interior lot lines 6.3 metres 1.2 metres (c) The balance of regulations specified for a R1C use. 9. The regulations governing the permitted uses on Parcel EPA shall be the regulations specified for an EPA zone. 10. All other applicable regulations set out in By -law No. 79-200 shall apply to govern the permitted uses on the Lands, with all necessary changes in detail. 11. No person shall use the Lands for a use that is not a permitted use. 12. No person shall use the Lands in a manner that is contrary to the regulations. 13. The provisions of this by-law shall be shown on Sheet D7 of Schedule “A” of By- law No. 79-200 by designating the lands EPA, in part, R1C, in part, R1C-XXX, in part, and redesignating the Lands from R1C and numbered 618, in part, to R1C and numbered 1226, in part. 14. For the purposes of this By-law, none of the provisions of By-law No. 2003-078 shall continue to apply to parcel R1C-1226 and Schedule 1 to By-law 2003-078 is hereby amended as attached hereto and forming part of this By-law. 15. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1196 Refer to By-law No. 2024-005. Read a First, Second and Third time; passed, signed and sealed in open Council this 16th day of January, 2024. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2023\AM-2023-018 - Ort Road (PID# 4629)\9 By-law\Bylaw - AM-2023-018.docx Page 377 of 405 Page 378 of 405 Page 379 of 405 CITY OF NIAGARA FALLS By-law No. 2024-006 A by-law to provide for the adoption of Amendment No. 163 to the City of Niagara Falls Official Plan (AM-2023-015). 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 16th day of January, 2024. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 380 of 405 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 each parcel for a total of four Vacation Rental Units. (ii) Location of the Amendment The amendment applies to lands shown as Special Policy Area 92 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 92. Text Change PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of Subsection 13.92. (iv) Basis of the Amendment The applicant proposes to permit a Vacation Rental Unit on each of the subject properties for a total of 4 Vacation Rental Units. 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 subject lands are isolated from surrounding residential properties by arterial roads and the hydro corridor, reducing impacts to the character of the neighbourhood and surrounding neighbours; • The City will be able to continue providing dwellings for a wide range of households; and, • The subject lands are located at the intersection of two arterial roads, one of which provides direct access to the City’s central tourism area. Page 381 of 405 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 92 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: 13.92 SPECIAL POLICY AREA “92” Special Policy Area “92” applies to approximately 0.3 hectares of land bounded Stanley Avenue to the east, Portage Road to the northwest, and the hydro corridor to the south. Notwithstanding the permitted uses provisions of Part 2, Policy 1.1, a Vacation Rental Unit is permitted to operate on the each of the subject lands for a total of 4 Vacation Rental Units. S:\OFFICIAL.PLN\AMEND\#163 - Portage & Stanley VRUs\OPA 163.docx Page 382 of 405 Page 383 of 405 CITY OF NIAGARA FALLS By-law No. 2024-007 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 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 1224 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being Page 384 of 405 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 1224. 11. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1224 Refer to By-law No. 2024-007. Read a First, Second and Third time; passed, signed and sealed in open Council this 16th day of January, 2024. ....................................................................... ..................................................................... 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 Page 385 of 405 Page 386 of 405 CITY OF NIAGARA FALLS By-law No. 2024-008 A by-law to amend By-law No. 79-200, to permit a semi-detached dwelling (AM-2023- 021). 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 the R2 zone, save and except for a semi detached dwelling. (b) A semi-detached dwelling providing and maintaining per dwelling unit a roofed- over one storey porch that projects into a front yard. 5. The regulations governing the permitted uses shall be: (a) Minimum lot frontage for a semi- detached dwelling on an interior lot 15.2 metres (b) Projection of a roofed-over one storey porch provided and maintained with a semi- detached dwelling. Notwithstanding clause (d) of section 4.14, a roofed-over one storey porch shall project a minimum distance of 1.5 metres into a front yard and a Page 387 of 405 maximum distance of 2.5 metres into a required front yard. (c) The balance of regulations specified for the R2 zone. 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet C5 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from R1C, in part, and R4, in part, to R2 and numbered 1222. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1222 Refer to By-law No. 2024-008. Read a First, Second and Third time; passed, signed and sealed in open Council this 16th day of January, 2024. .................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 388 of 405 Paisley AvHawkins St 19.9m 15.2m 15.2m 112.9m39.6m39.6mK:\GIS_Requests\2023\Schedule\Zoning2023.aprx 11/14/2023 Amending Zoning By-law No. 79-200 ¯ AM-2023-021 Description: Applicant: N & J Homes Inc. Assessment: 272508001007700 R2 1222 Area Affected by this Amendment SCHEDULE 1 TO BY-LAW NO. 2024-008 Lot 33, Plan 226. Stamford; s/t AA63382; City of Niagara Falls PIN: 64361-0171 (LT) Page 389 of 405 CITY OF NIAGARA FALLS By-law No. 2024-009 A by-law to provide for the adoption of Amendment No. 164 to the City of Niagara Falls Official Plan (AM-2023-017). 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. 164 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 16th day of January, 2024. ........................................................ ...................................................... BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 390 of 405 OFFICIAL PLAN AMENDMENT NO. 164 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to permit a maximum density of 166 units per hectare on the subject lands. (ii) Location of the Amendment The amendment applies to lands shown as Special Policy Area 93 on Schedule A – Future Land Use to the City’s 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 Tourist Commercial designation with Special Policy Area 93. Text Change PART 2, SECTION 13 – SPECIAL POLICY AREAS, is amended by the addition of Subsection 13.93. (iv) Basis of the Amendment The applicant proposes to utilize two existing buildings for 87 dwelling units at a maximum density of 166 units per hectare. The subject lands are designated Tourist Commercial as shown on Schedule A – Future Land Use of the City’s Official Plan. The amendment meets the intent of the Official Plan as the existing buildings are located on lands that front onto an arterial road, are on an existing transit route, and are located in close proximity to commercial uses. Standalone residential uses and the existing building height of 2 storeys are permitted in the Lundy’s Lane Intensification Corridor, and transportation and municipal infrastructure have the capacity to accommodate the proposal. The proposal will contribute to the City’s affordable housing target by providing affordable housing options to low and moderate-income households. 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. 164 to the Official Plan of the City of Niagara Falls. Page 391 of 405 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. 164", shall be identified as Special Policy Area 93 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: 13.93 SPECIAL POLICY AREA “93” Special Policy Area “93” applies to approximately 0.53 hectares of land located on the south side of Lundy’s Lane between Kalar Road and Montrose Road, municipally known as 8004 Lundy’s Lane. Notwithstanding the policies of Part 2, Section 4.2.31, the lands may be developed with a maximum density of 166 units per hectare. Page 392 of 405 Page 393 of 405 CITY OF NIAGARA FALLS By-law No. 2024-010 A by-law to amend By-law No. 79-200, to permit 87 dwellings units within two existing two-storey buildings and repeal By-law No. 2018-120 (AM-2023-017). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by this by-law. In the case of any conflict between a specific provision of this by -law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in the R5F zone. 5. The regulations governing the permitted uses shall be: (a) Minimum front yard depth i. For a porte-cochère ii. For any other building or structure 0.13 metres as existing on the date of the passing of this by-law 5 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200 (b) Minimum rear yard depth 1.80 metres (c) Minimum interior side yard width i. Westerly side yard 1.69 metres ii. Easterly side yard 0.90 metres Page 394 of 405 (d) Maximum lot coverage 33% (e) Maximum height of building or structure 8 metres (f) Number of apartment dwellings on one lot 2 (g) Minimum number of parking spaces 0.62 parking spaces for each dwelling unit (h) Minimum landscaped open space 16% of lot area (i) Minimum amenity space for an apartment dwelling unit 3.33 square metres per dwelling unit (j) The balance of regulations for an R5F zone. 6. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 7. No person shall use the Lands for a use that is not a permitted use. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The provisions of this by-law shall be shown on Sheet B4 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from R5C and numbered 1078 to R5F and numbered 1223. 10. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1223 Refer to By-law No. 2024-010. 11. By-law No. 2018-120 is repealed. Read a First, Second and Third time; passed, signed and sealed in open Council this 16th day of January, 2024. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 395 of 405 PIN: 64361-0170(LT) SCHEDULE 1 TO BY-LAW NO. 2024-010 2725090006731000000 Page 396 of 405 CITY OF NIAGARA FALLS By-law No. 2024-011 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 480 square metres of 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 Page 397 of 405 2 structure on the Lands, their maximum heights 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 (e) 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 6.5 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) Minimum number of parking spaces 1.25 spaces for each dwelling unit (g) Projection of open balconies or patios Open balconies or patios may project into an entire required yard (h) Projection of unsupported canopies Unsupported canopies may project into an entire required yard (i) 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. Page 398 of 405 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 1225 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 (RSC) 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; and, (d) Information detailing how many units can be considered affordable. 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 1225. 12. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1225 Refer to By-law No. 2024-011. Read a First, Second and Third time; passed, signed and sealed in open Council this 16th day of January, 2024. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR S:\ZONING\AMS\2023\AM-2023-014 - Stanley, 5640, Buchanan, 5609 & 5619 (PID#854, 19986, 19985)\9 By-law\Bylaw - AM- 2023-014.docx Page 399 of 405 Page 400 of 405 Page 401 of 405 CITY OF NIAGARA FALLS By-law No. 2024 - 012 A by-law to provide an interim levy of realty taxes. WHEREAS subsection 317(1) of the Municipal Act, 2001 (the “Act”) provides that the council of a local municipality, before the adoption of the estimates for the year, pass a by-law levying amounts on the assessment in each property class in the local municipality, rateable for local municipal purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. (1) An interim tax levy at the following rates is hereby imposed and levied on the whole of the assessment for property in the following classes: Property Class Rate Residential 0.7421% Farmlands 0.1855% Managed Forests 0.1855% Pipeline 1.5729% Multi-Residential 1.3877% New Multi-Residential 0.7421% Commercial 1.5947% Vacant Commercial Commercial Small Scale 1.5081% 1.2647% Industrial 2.1905% Vacant Industrial 2.0592% Landfill 2.3970% (2) The interim tax levy shall not exceed 50% of the total amount of taxes for municipal and school purposes levied on the property for the previous year. 2. All monies levied and collected under the authority of this by-law shall be paid to the Treasurer of the City of Niagara Falls and applied by her as directed or required by the Act. Passed this 16th day of January, 2024 ........................................................ ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 16, 2024 Second Reading: January 16, 2024 Third Reading: January 16, 2024 Page 402 of 405 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2024 - 013 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs at Intersections, Speed Limits on Highways (Part 2 – 60 km/h) and (Part 4 – 80 km/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 adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Beaverton Boulevard North A point 29 metres east of Beaver Valley Way to a Point 65 metres east of Beaver Valley Way At All Times (b) by adding to the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 INTERSECTION COLUMN 2 FACING TRAFFIC Hawkins Street and Adams Avenue Westbound on Hawkins Street Page 403 of 405 (c) by removing from the specified column of Schedule W thereto the following item: SPEED LIMITS ON HIGHWAYS (PART 4 – 80 KM/H) COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED KM/H Biggar Road Montrose Rd. and west City limit 80 (d) by adding to the specified column of Schedule W thereto the following item: SPEED LIMITS ON HIGHWAYS (PART 4 – 80 KM/H) COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED KM/H Biggar Road A point 800 metres west of Montrose Road the west City limit 80 (e) by adding to the specified column of Schedule W thereto the following item: SPEED LIMITS ON HIGHWAYS (PART 2 – 60 KM/H) COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED KM/H Biggar Road Montrose Road and a point 800 metres west of Montrose Road 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 16th day of January, 2024. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 404 of 405 CITY OF NIAGARA FALLS By-law No. 2024 - 014 A by-law to adopt, ratify and confirm the actions of the City Council at its Special meeting held on the 16th day of January, 2024. 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 16th day of January 2024 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 16th day of January, 2024. .............................................................. ............................................................. BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 405 of 405