The URL can be used to link to this page

02-06-2024 AGENDA City Council Meeting 4:00 PM - Tuesday, February 6, 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: Eva Gupta (performing live in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 2. ADOPTION OF MINUTES 2.1. Council Minutes of January 23, 2024 City Council (BUDGET) - 23 Jan 2024 - Minutes - Pdf 9 - 14 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. DEPUTATIONS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 5.1. Niagara Falls Exchange (Presentation added) Clark Bernat, Senior Manager of Culture, to inform the community of the opening of the Exchange and upcoming events and programs. Presentation - Exchange 15 - 26 5.2. Prototype Art & Fashion Show Dillon Douglas, The founder and event manager of the Prototype 27 - 52 Page 1 of 194 Art & Fashion Show is looking to promote and discuss this event taking place in Niagara Falls at the Niagara Falls Exchange on Saturday, February 24, 2024. Prototype Art & Fashion Show Presentation - PROTOTYPE 5.3. David Rupay - Local Resident (Presentation added) David Rupay is looking to present the attached letter that was directed to City Council and Planning Department related to requesting City Council to join the moratorium to halt future aggregate mining developments in Ontario. Request for NF to Join Moratorium Resolution - Feb. 6, 2024 Comments from Executive Director of Ontario Stone Sand and Gravel Association.msg Presentation to NF City Council Feb 6, 2024 53 - 141 6. REPORTS 6.1. F-2024-09 Treasurer's Write Off Report Under Section 354 of The Municipal Act, 2001 It is recommended: THAT Council AUTHORIZE the Treasurer, under Section 354(4)(b) of The Municipal Act, 2001 to write off taxes as uncollectible totaling $668.81 where a tax sale would be ineffective or inappropriate. F-2024-09 Treasurer's Write Off Report Under Section 354 of The Municipal Act, 2001 - Pdf 142 - 143 6.2. MW-2024-04 Validity of Drainage Petition It is recommended: THAT Council instruct K. Smart Associates Limited to prepare one final Engineer’s Report to address both Petitions for Drainage works, pursuant to the Drainage Act, R.S.O. 1990, received from 5981 Willow Road and 3313 Willow Road. 144 - 153 Page 2 of 194 MW-2024-04 - Pdf 7. 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. 7.1. F-2024-06 2023 Q3 Water/Wastewater Fund Budget to Actual Variance (Unaudited) It is recommended: THAT the 2023 Water & Wastewater Budget to Actual Third Quarter Variance report for the third quarter ended September 30, 2023 BE RECEIVED. F-2024-06 - 2023 Q3 Water/Wastewater Fund Budget to Actual Variance (Unaudited) - Pdf 154 - 162 8. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Communications section of the agenda is a set of items listed as correspondence to Council that could be approved in one motion of Council. If Staff feel that more than one recommendation is required, the listed communications items will be grouped accordingly. The single motion per recommendation, if required, will save time. Prior to any motion being taken, a Councillor may request that one or more of the items be lifted for discussion and considered separately. RECOMMENDATION: THAT Council approve/support Item #8.1 through to and including Item #8.8. 8.1. Flag-Raising and Illumination Request - Restoration Day of the Dominican Republic The Dominican Republic community is requesting Council to approve a flag-raising ceremony at Niagara Falls City Hall and a special illumination of Niagara Falls with the colours of the flag on Monday, August 19, 2024, to celebrate their heritage and history. 163 - 164 Page 3 of 194 Recommendation: For the Approval of Council. Flag-Raising and Ilumination Request - Restoration Day of the Dominican Republic 8.2. Flag-Raising and Proclamation Request - Parental Alienation Awareness The requestor is asking Niagara Falls Council to proclaim Thursday, April 25, 2024 as "Parental Alienation Day," and to coordinate a flag-raising ceremony at City Hall on a date that is agreeable to both the convenor and the Mayor's Office. To educate, inform and advocate to and for the general public, parents, children and youth, working towards bringing awareness against parent alienation, even to perpetrators who may be unaware of the disastrous effect of their alienating behavior on their children and society. APAC VISION: To provide support, education, and resources to families affected by alienation by being an advocate for change in the legal, mental health, and judicial system with the goal of ending parental alienation across Canada. Recommendation: For the Approval of Council. Flag-Raising and Proclamation Request - Parental Alienation Awareness 165 - 167 8.3. Proclamation Request - World Parkinson's Day The Passion for Parkinson's Foundation is requesting Council to proclaim Thursday, April 11, 2024 as World's Parkinson's Awareness Day. Recommendation: For the Approval of Council. Proclamation Request - World Parkinson's Day 168 - 169 8.4. Proclamation Request - Jewish Heritage Month 2024 The National Director - League for Human Rights is requesting the City of Niagara Falls Council adopt a motion to recognize May as "Jewish Heritage Month 2024," and that the City provides a video statement about the month. Recommendation: For the Approval of Council. Proclamation Request - Jewish Heritage Month 2024 - Niagara Falls, ON - Mayor Jim Diodati 170 - 171 8.5. Resolution - County of Prince Edward - Expand the life span of fire apparatus Attached is a resolution from the Corporation of the County of Prince Edward regarding support for the Province to expand the life span of fire apparatus, specifically pertaining to the replacement of fire trucks due to insurance requirements. Recommendation: For the Support of Council. 172 - 173 Page 4 of 194 Resolution - County of Prince Edward - Expand the life span of fire apparatus 8.6. Resolution - Town of Orangeville - Social and Economic Prosperity Review Attached is a resolution from the Council of the Corporation of the Town of Orangeville regarding Social and Economic Prosperity Review. Recommendation: THAT Council Support the Resolution. Town of Orangeville - Social and Economic Prosperity Review 174 - 175 8.7. Project Share’s Coldest Night of the Year (ADDED) Attached is a letter from Pam Sharp, Executive Director of Project Share, promoting and requesting the support of Council for the Coldest Niagara of the Year event scheduled for Saturday February 24, 2024. Recommendation: THAT Council Support Project Share’s Coldest Night of the Year by participating as best they can with the event. Coldest Night of the Year - City Council Invitation 176 8.8. Flag-Raising Request - Republic of Kosovo's declaration of independence (ADDED) Kadri Dakaj, The Consul General of the Republic of Kosovo in Toronto is requesting that Council approve a flag-raising ceremony at Niagara Falls City Hall on February 17th, 2024 to commemorate the 16th anniversary of the Republic of Kosovo's declaration of independence. Recommendation: For the Approval of Council. 8.8 Correspondence email 177 - 178 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive and file for information Item #9.1 through to and including Item #9.6. 9.1. Resolution - Municipality of Tweed - Licence Plate Renewal Fees Attached is a resolution from the Council of the Municipality of Tweed regarding Licence Plate Renewal Fees. 179 Page 5 of 194 Recommendation: For the Information of Council. Resolution - Municpality of Tweed - Licence Plate Renewal 9.2. Enbridge Gas Inc. - Securing the Future of Natural Gas in Ontario Attached is a letter from Enbridge Gas Inc., expressing their concerns with the Ontario Energy Board's (OEB) decision on Phase 1 of the Enbridge Gas 2024 rebasing application, issued on December 21, 2023. Recommendation: For the Information of Council. Letter from Enbridge 180 9.3. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following: 1. Niagara Region Motion Respecting Comprehensive Review and Overhaul of the Emergency Management and Civil Protection Act, 1990. Recommendation: For the Information of Council. CLK-C 2024-007 Motion - review and overhaul of Emergency Mgmt and Civil Protection Act 181 - 182 9.4. Resolution - United Counties of Prescott and Russell - AMO Policy - Update Social and Economic Prosperity Review Attached is a resolution passed on January 24, 2024, at the United Counties of Prescott and Russell Regular Council Meeting. Recommendation: For the Information of Council. Resolution 2024-009 - AMO Policy Update - Social and Economic Prosperity Review - Jan 24 2024 183 9.5. Comments from resident Comments from Resident 184 - 185 9.6. Reliable and Accessible Public Rail Transit - CN Rail 186 - 188 Page 6 of 194 (ADDED) Attached is the decision letter from Brantford City Council held on January 30th, 2024 in regards to reliable and accessible public rail transit Recommendation: For the Information of Council. CN Rail Letter - Reliable and Accessible Public Rail Transit 10. MOTIONS (ADDED) The following motion was made by way of a Notice of Motion from Councillor Patel at the January 23, 2024 Council Meeting: 10.1. It is Recommended: THAT staff be directed to come back with a report for a Driveway Windrow Snow Clearing Program for residents 65 years and older and for persons with disabilities, including the following options, but not limited to; 1. Cost of contracted-out service to a limited number of residents. 2. Cost of service to a limited number of residents using city staff. 3. Optional program fee. The program would cost money to all the residents that are interested but would be free for the residents who meet the financial assistance criteria using city staff and/or contracted-out service. 4. Cost of service to all the residents using city staff. Background:  A 'windrow' is the pile of snow left at the bottom of a driveway after a plow clears the road.  Windrow snow clearing is done after secondary roads have been plowed for emergency and transit.  The program would clear the windrow at the bottom of a driveway.  Does not clear to bare pavement but would make the surface safe and passable.  To qualify for the service, you must be a resident of Niagara Falls, 65 years or older or have a verified physical disability.  Those not qualified would be someone living with an able bodied individual at least 16 years of age or older.  Residents who live on a private road, in a high-rise multi unit building, condominium or within a commercial property would not be eligible to for the service. Page 7 of 194 11. NOTICE OF MOTION/NEW BUSINESS Except as otherwise provided in the Procedural By-law, all Notices of Motion shall be presented, in writing, at a Meeting of Council, but shall not be debated until the next regular Meeting of Council. A Motion may be introduced without notice, if Council, without debate, dispenses with the requirement for notice on the affirmative vote of two- thirds of the Members present. 12. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2024- 017. A by-law to appoint an auditor. By-law 2024-017 - Auditor Appointment Bylaw year ending 2025 2.6.24 189 2024- 018. A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. By-law 2024-018 - 2024 FEB 6 By-law Enforcement Officers 190 - 193 2024- 019. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 6th of February, 2024. By-law 2024-019 - 02 06 24 Confirming By-law 194 13. ADJOURNMENT Page 8 of 194 MINUTES City Council Budget Meeting 3:00 PM - Tuesday, January 23, 2024 Council Chambers/Zoom App. The City Council Meeting (Budget) of the City of Niagara Falls was called to order on Tuesday, January 23rd, 2024, at 3:12 PM, in Council Chambers, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson (all attending in person in Chambers) Councillor Wayne Campbell (attended via Zoom) STAFF PRESENT: Jason Burgess, Bill Matson, Erik Nickel, Tiffany Clark, Nidhi Punyarthi, Shelley Darlington, Kira Dolch, Kathy Moldenhauer, Dale Morton, James Dowling, Chief Jo Zambito (arriving at 4:20 PM) (all present in Chambers) Dave Etherington, Marianne Tikky, Serge Felicetti, Trent Dark (present via Zoom) 1. CALL TO ORDER The meeting was called to order at 3:12 PM. 2. IN CAMERA SESSION OF COUNCIL 2.1. In-Camera Resolution Council moved to In-Camera meeting at 3:20 PM. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council enter into an In-Camera session. Carried Unanimously 3. ADOPTION OF MINUTES Council resumed at 4:01 PM from the In-Camera meeting. 3.1. Council Minutes of January 16, 2024 Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson THAT Council approve the minutes of the January 16, 2024 meeting as Page 1 of 6 Page 9 of 194 presented. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Lori Lococo declared a conflict of interest to #5.1 (Mayor's Proposed Draft 2024 Tax Levy Supported Budget - Variance Analysis) and to #5.3 (Mayor's Proposed Draft 2024 Tax Levy Supported Budget) as it relates to the Niagara Falls Art Gallery. Councillor Lococo is a board member of the Niagara Falls Art Gallery and sits on the board as a resident. Councillor Lococo will participate in the discussion in relation to the rest of the reports. 5. REPORTS 5.1 . F-2024-03 Mayor’s Proposed Draft 2024 Tax Levy Supported Budget -Variance Analysis Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 1. THAT Council RECEIVE report F-2024-03 Mayor’s Proposed Draft 2024 Tax Levy Supported Budget – Variance Analysis for information. 2. THAT Council APPROVE the 2023 budget reclassifications identified in Attachment 13. Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Lori Lococo, Councillor Tony Baldinelli, Councillor Ruth-Ann Nieuwesteeg, and Councillor Mona Patel CARRIED UNANIMOUSLY 9-0 on a recorded vote 5.2. F-2024-04 2024 Budget Engagement Survey Results Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel 1. THAT Staff Report F-2024-04, 2024 Budget Engagement Survey Results BE RECEIVED as information. Carried Unanimously Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council direct Staff to send a letter to the Minister of Municipal Affairs and Housing, bringing attention to the City of Niagara Falls' application to the Housing Accelerator Fund; reinforcing our City's need for partnership from other levels of government; and furthermore, seeking confirmation that the City qualifies for funding and encouraging approval. Page 2 of 6 Page 10 of 194 Carried Unanimously 5.3. 2024 Operating Budget - PRESENTATION Tiffany Clark, Director of Finance, presented the 2024 Operating Budget to Council. Councillor Tony Baldinelli left the meeting at 5:48 PM and returned at 5:52 PM. Mayor Jim Diodati left the meeting at 5:48 PM and Councillor Pietrangelo resumed as Chair of meeting. Mayor Jim Diodati returned to the meeting at 5:54 PM. Councillor discussion included the following items to be incorporated into a future Councillor workshop:  OLG funding  Sole-Sourcing  MAT charges  Library locations Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel THAT Council receive the presentation by Tiffany Clark, Director of Finance, on the 2024 Operating Budget. Carried Unanimously 5.4 . F-2024-07 Mayor's Proposed Draft 2024 Tax Levy Supported Budget Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg That Council APPROVE the following:  For 2024 only, adding back the 2024 OLG subsidy reduction of $565,000 to the Mayor’s proposed budget reducing the impact by 0.65%.  Adding back the 2024 debt placeholder deferral of $260,000 adding 0.30% to the levy impact.  Adding back part of the 2023 fleet deferral totaling $305,000 adding 0.35% to the levy impact. THEREBY, keeping the operating increase at 3.5%. Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Lori Lococo, Councillor Tony Baldinelli, Councillor Ruth-Ann Nieuwesteeg, and Councillor Mona Patel CARRIED UNANIMOUSLY 9-0 on a recorded vote Page 3 of 6 Page 11 of 194 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel THAT a 1.5% temporary 20-year hospital levy not be phased in equally over three (3) years. Carried Unanimously Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council direct Staff to add 0.45% back into the budget for Fleet replacement. Carried (Councillor Lococo was opposed to the vote). Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT staff be DIRECTED to find sustainable savings or revenue increases of $1.0 million that can be enacted in the 2025 budget to better achieve budget sustainability. CARRIED UNANIMOUSLY Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Victor Pietrangelo That Council shorten the 30 day review period, allowed under the Strong Mayors Act, by 15 days, such that the review period ends on January 23, 2024. Carried Unanimously Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli 1. That Council RECEIVE the Mayor’s Proposed Draft 2024 Tax Levy Supported Budget with revenues and expenses each totaling $150,477,067 as per attachment 1. 2. That Council APPROVE the use of reserve funding as outlined in attachment 2. 3. That Council APPROVE the 2024 staff recommended funding levels and classifications for Boards and Commissions, Fee for Service, Grants and Honorariums as presented on Attachment 7, totaling $8,055,345 of which $7,072,446 will be funded by the tax levy, representing an increase in tax levy funding of $192,119 (0.2% tax levy impact) from prior year. For clarity, these recommendations are already included in the Mayor’s Proposed Budget recommendations. Council called for a 10 minute recess at 7:55 PM. Council resumed at 8:07 PM. Page 4 of 6 Page 12 of 194 Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Tony Baldinelli, Councillor Ruth-Ann Nieuwesteeg, and Councillor Mona Patel Nays: Councillor Lori Lococo CARRIED (Councillor Lococo opposed to the vote). 8-1 on a recorded vote Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson That a 2024 tax levy increase related to operating revenues and expenditures of $3,402,914 (3.95%) BE APPROVED That the 2024 net tax levy of $89,505,600 BE APPROVED. That the Mayor consider shortening his 10-day veto period by 10 days, by providing written documentation to members of Council and the Municipal Clerk to shorten the veto period, such that the Veto period ends on January 23, 2024, thereby allowing the Mayor’s Proposed Draft 2024 Tax Levy Supported Budget to be deemed adopted on January 23, 2024. Ayes: Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Tony Baldinelli, Councillor Ruth-Ann Nieuwesteeg, and Councillor Mona Patel Nays: Councillor Lori Lococo Carried (Councillor Lococo was opposed to the vote). 8-1 on a recorded vote 6. BY-LAWS 2024- 015. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 23rd of January, 2024. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT the by-law be read a first, second and third time and passed. Carried Unanimously 7. ADJOURNMENT a) Adjournment Moved by Councillor Tony Baldinelli Seconded by Councillor Wayne Thomson THAT Council adjourn the meeting at 8:20 PM. Page 5 of 6 Page 13 of 194 Carried Unanimously Mayor City Clerk Page 6 of 6 Page 14 of 194 Niagara Falls Exchange F e b r u a r y 6 , 2 0 2 4 Recreation, Culture & FacilitiesPage 15 of 194 Where we came fromNiagara Falls Exchange2Page 16 of 194 Niagara Falls ExchangeMain Street entrance to the Exchange The Niagara Falls Exchange Market Hall Artist Studios Woodworking Studio Gallery Café Programmable Exterior Space The Result 3Page 17 of 194 Market Hall Niagara Falls Exchange4Page 18 of 194 Artist Studios Niagara Falls Exchange5Page 19 of 194 Café Niagara Falls Exchange6Page 20 of 194 Four Seasons of Local Culture .Niagara Falls Exchange7Page 21 of 194 New Home for the Farmers Market Farmers’ Market – May 18th Supper Market – June Niagara Falls Exchange8Page 22 of 194 Opening Weekend Niagara Falls Exchange9Page 23 of 194 Hosting Events @ the Exchange Prototype – February 24 Umoja – Black History Pop Up Market – February 25 Mental Health Fair – March 23Niagara Falls Exchange10Page 24 of 194 Niagara Falls ExchangeSign up for our newsletters and social to learn more about: •Niagara on the Rocks •Paw Exchange •Series of events in partnership with Pride Niagara •Intergalactic Solar Eclipse Dance Party •Roller Skate Niagara •Corn hole League •Workshops and so much more More to Come 11Page 25 of 194 THANK YOUNiagara Falls Exchange12Page 26 of 194 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-Prototype Art & Fashion Show City Council Presentation From: Bill Matson <billmatson@niagarafalls.ca> Sent: Thursday, January 18, 2024 4:47 PM To: Dillon Douglas < Cc; Serge Felicetti <sfelicetti@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Kathy Moldenhauer <kmoldenhauer@niagarafalls.ca>; Tiffany Clark <tclark@niagarafalls.ca> Subject: RE: [EXTERNAL]-Prototype Art & Fashion Show City Council Presentation Dillon, To request to speak at an upcoming Council meeting for a topic such as this, you are requesting what is called an “Appointment”. This is to address Council on a topic not already listed on an agenda. I should point out that the Council meeting closest to the date you are requesting would be Tuesday February 6, 2024 (there is no meeting of Council on February 5, 2024). As per Council’s Procedural By-law, when making a presentation, you would be limited to 5 minutes. It is also my understanding that the additional sponsorships that you are looking for are not actually from City Council but rather to use the forum of the Council Meeting to get help get the word out for these sponsorship opportunities. If you have any type PowerPoint presentation that you would like to include, please email along to me at least 24 hours in advance of the meeting. Heather Ruzylo from our Clerks Office will reach out closer to the date to confirm an approximate time for your presentation on February 6th. Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: Dillon Douglas < Sent: Thursday, January 18, 2024 11:23 AM To: Bill Matson <billmatson@niagarafalls.ca> Cc; Serge Felicetti <sfelicetti@niagarafalls.ca> Subject: [EXTERNAL]-Prototype Art & Fashion Show City Council Presentation Hello there, I hope everything is going well. Page 27 of 194 2 I'm Dillon Douglas, the founder and event manager of a large scale art and fashion show happening at the Niagara Falls Exchange on February 24th, 2024 from 6-10 p.m I just had a call with Jim Diodati and Sergio Felicetti this morning. I'm looking to book a meeting for our team to present our event at a city council meeting on Monday, Feb. 5th. GENERAL INFORMATION: Prototype is a an all inclusive, art and fashion show at the new $15 million dollar cultural hub, The Exchange. It is the first major arts and cultural event in the space and we are developing it with the ethos of making Niagara a cultural epicenter and creating an ecosystem where businesses and creatives can work symbiotically to help create value for one another. The event is ticketed but will also include open bar/catering—with a majority of the alcohol being sponsored by Collective Arts Brewery. The event has multiple art exhibitions (an augmented reality exhibition, a large scale painting exhibition from Niagara artists, a sculptural exhibit from Mann Gallery), live performances from DJs and a styled harpist whose collaborated with Drake/Jack Harlow, "mobile/nomadic exhibitions" that weave throughout the event and make the entire event a runway, and a full sized fashion show with designers from Toronto and Niagara. The night will also be capped off with an open bar after party with DJ Rennie. SPONSORS: We've received an NFCDF grant from the city and are working with a roster of sponsors including Collective Arts Brewery, Fallsview Group, LA Fitness, the Vehicle Exchange and a handful of small businesses in the Niagara Region. CONTACT/SOCIAL MEDIA AND CURRENT EXPECTATIONS FROM MEETING WITH CITY COUNCIL: Currently, we are looking for a bit more in sponsorship funding and procuring ideal partnerships that overlap with our overall vision of making Niagara a new cultural epicenter. You can check out the website here: www.prototypenow.ca and also our IG: @prototype_now. Please let me know if you need anything else from our team. Cheers, Dillon CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 28 of 194 THE FUTURE OF CULTURE A NEW BEGINNING ART & FASHION SHOW AT THE NIAGARA FALLS EXCHANGE PROTOTYPENOW.CA PROTOTYPE_NOW SPONSORSHIP PACKAGES FEB. 24TH, 6-10 P.M.Page 29 of 194 Page 30 of 194 CONTENTSPage 31 of 194 CURRENT SPONSORS 04RESHAPING THE FUTURE OF CULTURE IN NIAGARA Page 32 of 194 LEAD SPONSOR LEAD SPONSOR YOUR NEXT RIDE AWAITS YOUR NEXT RIDE AWAITS WWW.THEVX.CA WWW.THEVX.CA Page 33 of 194 Page 34 of 194 Page 35 of 194 THE EVENT 08WHO WE ARE WHAT WE ARE DOING>> ANYTHING IS POSSIBLE: A NEW ETHOS FOR NIAGARA Page 36 of 194 WHO WE ARE We are an ambitious group of Niagara and Toronto based creatives, designers, artists and entrepreneurs hosting a fashion and art show unlike anything Niagara has seen. Led by Dillon Douglas, Josh Abcede, Pasquiat, and the creative force of the J-OH team, a multi-faceted creative collective that specializes in design, fashion, hair architecture, virtual reality and visual art, this exclusive event brings together a collision of community and culture that Niagara has yet to experience. This event is backed and partially funded by the city of Niagara Falls and The Exchange, a new $15 million cultural hub located in downtown Niagara Falls. Prototype will be the first major arts and culture event in the space. WHO WE AREPage 37 of 194 FEbruary 24th, 2024 AT THE NIAGAR A FALLS EXCHAGEFEbruary 24th, 2024 AT THE NIAGAR A FALLS EXCHAGEFEbruary 24th, 2024 AT THE NIAGAR A FALLS EXCHAGEART eXHIBITS FASHION SHOW OPEN BAR Page 38 of 194 WHAT WE ARE DOING Prototype is an all inclusive, one day event with open bar at the new $15 million cultural hub, The Exchange, happening from 6-10 p.m. on Saturday, February 24th, 2024. The event is multi-faceted and will include an interactive art performance by the J-OH team, a large-scale painting exhibition by Niagara artists, an exhibition of Geoff Farnsworth’s sculptures (provided by the John Mann Gallery), and a fashion show featuring award-winning Toronto and Niagara designers. On top of this, the event will function as a living art organism full of a series of improvised micro-events (including dance and fashion performances), live music, food and drink vendors and more. WHAT WE ARE DOINGPage 39 of 194 ART EXHIBITION Representing talent from Niagara Falls, the art exhibition will feature large scale works by twelve upcoming and emerging Niagara artists. The goal of the exhibition is not only to visually stimulate attendees but also rupture our automated attention spans and ask questions about our contemporary moment. Page 40 of 194 CHRIS LOUIS JOSH ROYAL KIM VAN STYGEREN COURTNEY MACISAAC EMILY ANDREWS KATIE MAZIE LINDSAY-ANN CHILCOtt MELANIE MACDONALD WAYNE MOOREDILLON DOUGLAS GEOFF FARNSWORTH FELIX ABCEDE Page 41 of 194 FASHION SHOW Prototype is a multi-sensory showcase of runway shows, fashion presentations, performances and art featuring innovative Canadian designers and artists. Backed by the city of Niagara Falls and the new culture hub, The Exchange, the event will showcase Canadian fashion and provide an inclusive, diverse and accessible platform for designers and artists to showcase their vision and present thought provoking presentations on the runway. Page 42 of 194 EVI ACTIVEWEAR QWEENFECY HOUSE OF HENDO BEyond space ballesteros elderado AVE FELIX ABCEDE SEB BAQUERO THE DESIGNERS Page 43 of 194 LEAD SPONSOR EXHIBIT A car is more than just a means from A to B. It’s an extension of your personality. It’s a way of life. Serving the Niagara Region for more than 35 years, The Vehicle Exchange is a car dealership that understands that a car is more than just a car. It’s a story, a road trip, a new adventure. Your next ride awaits.Page 44 of 194 INTERACTIVEEVENT J-OH / SEIZON J-OH team is a multi-faceted creative collective that specializes in design, fashion, hair architecture, virtual reality, digital and visual art. This exclusive inverative event brings together a a culmination of their creative effects, an event that Niagara has yet to experience.Page 45 of 194 THE EXCHANGE 18 A NEW EPICENTER FOR CULTURE IN DOWNTOWN NIAGARA FALLS Page 46 of 194 The $15 million dollar facility broke ground in 2021 with the vision to be the epicentre of Niagara Falls’ Arts & Culture scene. The Exchange is a 10,000- square-foot indoor/outdoor multipurpose event space created to foster and incubate the city's Food, Music, Art, and Culture communities. The Exchange is the new home of the Niagara Falls Famers' Market, artist & woodworking studios, an art gallery, an on-site café, and more.Page 47 of 194 Page 48 of 194 SPONSORSHIPS 21SPONSORSHIP TIERS VALUE GENERATION>> PACKAGES Page 49 of 194 MARKETING BENEFITS TITLE GOLD SILVER BRONZE DONATION $5,000 $2500 $1,000 $500 $200 OPPORTUNITY TO SPEAK FROM THE STAGE, CUSTOM EXHIBITION & ADVERTISING OPPORTUNITIES DONE IN COLLABORATION WITH MARKETING TEAM BRAND/LOGO INCLUDED ON ALL MARKETING MATERIAL (INCLUDING MARKETING DONE BY THE CITY OF NIAGARA FALLS & THE EXCHANGE) BRANDED MODELS DURING THE EVENT & FASHION SHOW (MOBILE ADVERTISING) SPONSOR RECOGNITION ON WEBSITE, DIGITAL SIGNAGE AND PRINT MATERIAL AT THE EXCHANGE & DURING THE EVENT IN-DEPTH BRAND FEATURES ON SOCIAL MEDIA CAMPAIGNS & DIGITAL MARKETING MATERIAL NUMBER OF TICKETS INCLUDED IN PACKAGE 5 4 3 2 1 SPONSORSHIP TIERS Page 50 of 194 SPONSORSHIP DEADLINE IS FEBRUARY 1ST, 2024 Page 51 of 194 THANK YOU DILLON_DOUGLAS@HOTMAIL.COMCONTACT FOR MORE INFO TEXT OR CALL: 905-351-6680 THE FUTURE OF CULTURE PROTOTYPENOW.CA PROTOTYPE_NOW Page 52 of 194 January 22th, 2024, - Page 1 of 2 TO :City of Niagara Falls Council His Worship, Mayor, Jim Diodati Councilors : Wayne Thomson, Tony Baldinelli, Lori Lococo, Mona Patel, Wayne Campbell, Victor Pietrangelo, Ruth-Ann Nieuwesteeg, Mike Strange Planning Dept. :Andrew Bryce, Kira Dolch c.c. :Wayne Gates, MPP - NDP RE: R equest that the City of Niagara Falls Council support the Campaign for a MORATORIUM ON AGGREGATE MINING IN ONTARIO The principal goals of the City of Niagara Falls Municipal Council include the enhancement of the economic, social and environmental well-being of the residents of the City of Niagara Falls. The Reform Gravel Mining Coalition (RGMC) has recently launched a campaign – Demand A Moratorium Now (DAMN). Twenty (20) municipalities in Ontario have passed a resolution to support this initiative. The City of Niagara Falls should support this campaign also. We wish to draw your attention to the recent ON Auditor General's Value-for-Money Audit, December 2023 which exposes numerous serious problems within the Aggregate Industry. All documents are attached (A-1 through A-7). A-1 Auditor General's Summary Report (2 pages) : •Concerns with quarries in residential areas (municipalities calling for a moratorium) •Impact of noise, vibration air pollution on communities from operation of pits and quarries and transportation •Fundamental transformation of landscapes, alteration of woodlands, wetlands and farmland •Failure of proper and thorough oversight of the aggregate industry to avoid impact on environment •HIGH rate of NON-COMPLIANCE - with ARA, regulations, policies, approvals •NO ENFORCEMENT • Failed SELF-reporting – not completed, unassigned penalties, uncollected dues •Dormant and unextracted-licensed quarries for 10-25 years •No rehabilitation •Infrequent and inadequate monitoring from unqualified inspectors or no Regional Inspectors, no Inspection Districts •Exceeding extraction limits by 1000% •Lack of AND inaccurate data on the demand for aggregate and for the existing supply of extracted aggregate; data not available to the public •Lack of penalties, no inspections, no follow-ups •E T C …. A-2 A letter - Resolution by the Municipality of Halton Hills (2 pages) Gravel Extraction : Need is not determined, destructive to natural environments and habitats, negative social impacts, high carbon footprint, must consult First Nations peoples, must chart a new path forward. Page 53 of 194 January 22nd, 2024 – page 2 of 2 A-3 Request for a Moratorium on Aggregate Mining in Ontario (2 pages) Municipalities and Townships that have joined the coalition (RGMC) Reform Gravel Mining Coalition SPRINGWATER RAMARA MULMUR ORO MEDONTE BROCK TOWNSHIP GREY HIGHLANDS GUELPH ERAMOSA MALANCTHON AMARANTH ZORRA NORTH SHORE WILMOT CALEDON WOOLWICH PEEL CAMBRIDGE MILTON PUSLINCH NORTH DUMFRIES HALTON HILLS A-4 Wellington Advertiser - Auditor General Report - Puslinch- Jan. 20, 2024 (4 pages) A-5 Niagara Region supports Port Colborne expansion NF Review, Jan.10, 2024 (4 pages) A-6 Region digs into Port Colborne quarry quandary The Standard, Mar.13, 2023 (3 pages) A-7 The full Auditor General Report, Dec. 2023 (57 pages) The residents of Fernwood are gravely concerned with the recent Proposal of the Uppers Quarry in Niagara Falls, which is unnecessary. '' The Rankin Quarry expansion plan in Port Colborne would allow access to about 45 million tonnes of reserves, which Sisco said will enable the facility to supply Niagara's construction industry for 40 – 45 years...'' (The Standard, para 18, Mar. 13, 2023) ; «which will provide aggregates to the Niagara Region for 40 + YEARS. (NF Review, last paragraph Jan. 10, 2024) Given the Auditor General's 'damning audit of the aggregate industry' , on behalf of the Residents of Fernwood, we urge the City of Niagara Falls Council to join 20 Municipalities in Ontario and pass a resolution asking for a PAUSE - a MORATORIUM TO HALT FURTHER DEVELOPMENT OF AGGREGATE MINING IN ONTARIO - until such time as the Auditor General's recommendations have been satisfied. •Should the Council of the City of Niagara Falls join the Moratorium, the residents of Fernwood should be advised of your decision. •Should the Council of the City of Niagara Falls choose NOT TO JOIN THE MORATORIUM, the residents of Fernwood should be advised as to WHY the Council decided not to support a Pause to allow compliance with the Auditor General's recommendations. Respectfully submitted on behalf of the Residents of Fernwood, David J Rupay, P.Eng. & Helene Cayer 9189 Tapestry Ct., 35 – 9440 Eagle Ridge Drive, Niagara Falls, ON L2H 0E1 Niagara Falls, ON L2H 0G6 djrniagarafalls@gmail.com ghcayer@gmail.com Attachments : 7 Page 54 of 194 A – 1 AUDITOR GENERAL – SUMMARY (page 1 of 2) Page 55 of 194 A – 1 AUDITOR GENERAL – SUMMARY (page 2 of 2) Page 56 of 194 A – 2 HALTON HILLS – RESOLUTION (PAGE 1 OF 2) Page 57 of 194 A – 2 HALTON HILLS – RESOLUTION (page 2 of 2) Page 58 of 194 A – 3 MUNICIPAL SUPPORT – REFORM GRAVEL COALITION (PAGE 1 OF 2) Page 59 of 194 A – 3 MUNICIPAL SUPPORT – REFORM GRAVEL COALITION (PAGE 2 OF 2) Page 60 of 194 A – 4 WELLINGTON ADVERTISER – Jan.20, 2024 (page 1 of 4) Page 61 of 194 A – 4 WELLINGTON ADVERTISER – Jan.20, 2024 (page 2 of 4) Page 62 of 194 A – 4 WELLINGTON ADVERTISER – Jan.20, 2024 (page 3 of 4) Page 63 of 194 A – 4 WELLINGTON ADVERTISER – Jan.20, 2024 (page 4 of 4) Page 64 of 194 A – 5 Niagara Falls Review – Pt Colborne -Jan.10 2024 (page 1 of 4) Page 65 of 194 A – 5 Niagara Falls Review – Pt Colborne-Jan.10 2024 (page 2 of 4) Page 66 of 194 A – 5 Niagara Falls Review – Pt Colborne – Jan. 10 2024 page 3 of 4) Page 67 of 194 A – 5 Niagara Falls Review – Pt Colborne- Jan. 10 2024 (page 4 of 4) Page 68 of 194 A – 6 The Standard - Mar.13 2023 (page 1 of 3) Page 69 of 194 A – 6 The Standard - Mar. 13 2023 (page 2 of 3) Page 70 of 194 A – 6 The Standard - Mar. 13 2023 (page 3 of 3) . . . . Page 71 of 194 A – 7 The full Auditor General Report - Dec. 2023 (57 pages) Page 72 of 194 Page 73 of 194 Page 74 of 194 Page 75 of 194 Page 76 of 194 Page 77 of 194 Page 78 of 194 Page 79 of 194 Page 80 of 194 Page 81 of 194 Page 82 of 194 Page 83 of 194 Page 84 of 194 Page 85 of 194 Page 86 of 194 Page 87 of 194 Page 88 of 194 Page 89 of 194 Page 90 of 194 Page 91 of 194 Page 92 of 194 Page 93 of 194 Page 94 of 194 Page 95 of 194 Page 96 of 194 Page 97 of 194 Page 98 of 194 Page 99 of 194 Page 100 of 194 Page 101 of 194 Page 102 of 194 Page 103 of 194 Page 104 of 194 Page 105 of 194 Page 106 of 194 Page 107 of 194 Page 108 of 194 Page 109 of 194 Page 110 of 194 Page 111 of 194 Page 112 of 194 Page 113 of 194 Page 114 of 194 Page 115 of 194 Page 116 of 194 Page 117 of 194 Page 118 of 194 Page 119 of 194 Page 120 of 194 Page 121 of 194 Page 122 of 194 Page 123 of 194 Page 124 of 194 Page 125 of 194 Page 126 of 194 Page 127 of 194 Page 128 of 194 Page 129 of 194 CITY OF NIAGARA FALLS Resolution No.: TITLE: New Gravel Extraction Licensing Applications Date: Moved by: Seconded by: Item No. WHEREAS : THE AUDITOR GENERAL REPORT: Management of Aggregate Resources– Dec. 2023, has established that the Ministry is falling short in ensuring proper and thorough oversight of aggregate operations critical to meet the purposes of the Act; shows a high rate of non-compliance with the industry, with some companies exceeding their approved extraction limits by 1000%, failing to submit reports, and ignoring other regulations; shows that the Ministry does not verify the accuracy of data and does not publish needs analysis for public awareness; states that the Ministry does not have effective systems and processes in place to ensure compliance; has established that there is a limited number of experienced inspectors to undertake and prioritize a sufficient number of planned inspections needed to ensure compliance with the Aggregate Resources Act thus lacking in appropriate safeguards for people, environment, and wildlife; Page 1 of 2 Page 130 of 194 CITY OF NIAGARA FALLS Resolution No.: page 2 of 2 TITLE: New Gravel Extraction Licensing Applications AND WHEREAS: Ontario currently has over 5000 licensed pits and quarries that are able to meet the average annual consumption.; AND WHEREAS: Port Colborne - « The quarry expansion plan would allow access to about 45 million tonnes of reserves, which will enable the facility to supply Niagara's construction industry for 40 – 45 years. » ; BE IT RESOLVED THAT the Ontario government impose an immediate temporary moratorium on all gravel mining applications pending a broad consultation process to define the future of the gravel / aggregate industry in Ontario and compliance with the recommendations and requirements of the Auditor General Report - December 2023, such that: • the need for new quarries in Niagara be established, then clearly communicated to the public; • more powers be granted to municipalities in order to establish, and oversee , appropriate environmental protection policies in consultation with Indigenous peoples and local residents; • new policies be established for the sustainability of diminishing agricultural land; • levies be increased to allow for repairs to infrastructure, damage to property, the negative impact on the environment, and health of people, animals, and vegetation; AND FURTHER THAT a copy of this resolution be sent to the Honourable Doug Ford, Premier of Ontario, the leaders of all Provincial Parties, the Minister of Natural Resources and Forestry, the Honourable Wayne Gates, MPP, Niagara Regional Council Members, Association of Municipalities of Ontario, and Reform Gravel Mining Coalition. Mayor Jim Diodati Page 131 of 194 1 Michael Stewart To:Bill Matson Subject:RE: [EXTERNAL]-Reform Gravel Mining Presentation to Council From: Mike McSweeney <mike@ossga.com <mailto:mike@ossga.com> > Sent: Monday, February 5, 2024 2:17 PM To: Bill Matson <billmatson@niagarafalls.ca <mailto:billmatson@niagarafalls.ca> > Cc: Sharon Armstrong <sarmstrong@ossga.com <mailto:sarmstrong@ossga.com> > Subject: [EXTERNAL]-Reform Gravel Mining Presentation to Council Dear Mr. Matson, Thank you for taking time to speak with me today regarding the public delegation your Council will hear tomorrow from the 'Reform Gravel Mining Coalition', requesting a temporary moratorium on gravel mining. Our industry has been misrepresented by this coalition for some time now, but having said that, it is up to Councils like yours to at the very least hear from all sides on an issue as significant as this one, rather than hear from one proponent in isolation. We would appreciate the request from Reform Gravel Mining Coalition be referred back to the able staff of the Municipality of Niagara Falls for review and study and I am certain that a due process would then follow. Our industry is a foundational industry in the Province and while I don't want to take up too much of your time, I would just like to leave you with the understanding that nothing gets built in Niagara Falls without stone, sand or gravel and as we look to fight climate change it is essential that we get our building materials from as close to the building site as possible. Having spent the weekend in Niagara Falls I can see the development of infrastructure and buildings that make the City a tourism destination for Canadians and visitors to Canada and your City. Thank you again for taking the time to speak to me and I would appreciate it if you could let me know of how the Council dealt with this issue. Best regards, Mike McSweeney Executive Director Ontario Stone Sand and Gravel Association 613 220 1626 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 132 of 194 Presentation to City of Niagara Falls: The Aggregate Industry in Ontario and the Need for a Moratorium Date: February 6, 2024 David Rupay: BASc, MASc, MBA, PEng Resident of Niagara Falls 1Page 133 of 194 2023 Auditor General’s Report: Well Publicized Issues in the Aggregate Industry “The [Rankin] quarry expansion plan would allow access to about 45 million tonnes of reserves, which Sisco said will enable the facility to supply Niagara’s construction industry for 40 to 45 years.” March 13, 2023 Page 134 of 194 2023 Auditor General’s Report: Why it Undertook an Audit of the Aggregate Industry 1) There is significant public opposition to new aggregate development... 2) Proper and thorough oversight of aggregate operations by the Ministry is critical for ensuring that the purposes of the Act are being met. 3) Aggregates...are essential for building much of Ontario’s infrastructure, including highways, hospitals, schools and houses, however.... 4) when these natural materials are extracted from the earth’s surface, they can fundamentally transform landscapes...altering features such as woodlands, wetlands, and farmland. 5)...as well as the transport of aggregate materials, can also impact local communities through noise, vibration and air pollution. 3Page 135 of 194 2023 Auditor General’s Report: Issues in Ontario’s Aggregate Industry Province didn’t pursue penalties and only “levied a total of $1,230 in fines between 2018–2022...” “A ggregate site inspection rates decreased by almost 2/3, from 1,322 in 2018 to 479 in 2022.” “Self reporting requirements are not enforced.” “Ministry needs better information on the supply of aggregates and should disseminate it to the public.” Less than half of inspected sites [were] satisfactory - 2018–2022. Ministry does not have processes to ensure sites are rehabilitated after extraction is complete “It’s cheaper to pay the fine... than it is to pay those [annual] fees...”Page 136 of 194 Given that the Auditor General noted the following…. Adequate resources are not in place and inspections are not up to date due to a lack of inspectors; There is “…an inadequate understanding of demand trends”; The aggregate industry does not self regulate as it should; Some industry members do not always comply with the Provincial Policy Statement (PPS) on rehabilitation; and “The industry has a high rate of non compliance…..”5Page 137 of 194 6 Municipality and Date of Support Municipality and Date of Support Municipality and Date of Support Springwater (Nov 30)Ramara Township (May 17)Mulmur (May 5) Oro-Medonte (April 27)Brock Township (April 25)Grey Highlands (April 20) Guelph-Eramosa (April 19)Melancthon (April 7)Amaranth (April 6) Amaranth (April 6)Zorra (April 6)North Shore (April 6) Wilmot (March 28)Caledon (March 24)Woolwich (March 23) Peel Region (March 23)Cambridge (March 22)Milton (March 21) Puslinch (March 3)North Dumfries (February 21)Halton Hills (February 7) …we request that this municipality join others and endorse a moratorium on quarries. Page 138 of 194 See what other local politicians are saying… 7 Source: DAMN! Campaign - Reform Gravel Mining CoalitionPage 139 of 194 See what other local politicians are saying… 8Source: DAMN! Campaign - Reform Gravel Mining CoalitionPage 140 of 194 Let’s Make Aggregate Development a Win – Win Scenario Please pass the Resolution 9Page 141 of 194 F-2024-09 Report Report to: Mayor and Council Date: February 6, 2024 Title: Treasurer's Write Off Report Under Section 354 of The Municipal Act, 2001 Recommendation(s) 1. THAT Council AUTHORIZE the Treasurer, under Section 354(4)(b) of The Municipal Act, 2001 to write off taxes as uncollectible totaling $668.81 where a tax sale would be ineffective or inappropriate. Executive Summary Section 354(4)(b) of the Municipal Act, 2001, allows Council to write off taxes, as uncollectible if the recommendation of the Treasurer includes a written explanation of why conducting a tax sale would be ineffective or inappropriate. Background Please see confidential in camera companion memo. Analysis Please see confidential in camera companion memo. Financial Implications/Budget Impact The 2024 Tax Levy Supported Budget provides an allowance for tax write-offs due to assessment appeals and tax write offs. The total write off of $668.81 will be distributed between the City, Region and School Boards. The City’s approximate portion of the write off is $266 which is accounted for in the 2024 Tax Levy Supported Budget. The balance of approximately $402 represents adjustments for the School Boards and the Region of Niagara. These adjustments will be made as part of the year end reconciliations. Written by: Amber Ferguson, Manager of Revenue Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 24 Jan 2024 Page 1 of 2 Page 142 of 194 Shelley Darlington, General Manager of Corporate Services Approved - 24 Jan 2024 Jason Burgess, CAO Approved - 29 Jan 2024 Page 2 of 2 Page 143 of 194 MW-2024-04 Report Report to: Mayor and Council Date: February 6, 2024 Title: Validity of Drainage Petition Recommendation(s) THAT Council instruct K. Smart Associates Limited to prepare one final Engineer’s Report to address both Petitions for Drainage works, pursuant to the Drainage Act, R.S.O. 1990, received from 5981 Willow Road and 3313 Willow Road. Executive Summary The Drainage Act provides a legal procedure through which an “area requiring drainage” can be addressed through the construction of a drain to a sufficient outlet. The process is initiated by the individual(s) requiring drainage, and the cost of all work to construct, maintain and repair the drain is borne by all lands in the watershed. A petition for Drainage Works by Owners – Form 1, pursuant to the Drainage Act, was received by the Clerk’s Office on June 6, 2023. The petition was accepted by Council on July 11, 2023. K. Smart Associates Limited was appointed by Council as Drainage Engineer, on November 14, 2023, to examine the area requiring drainage, as described in the petition, and prepare a report pursuant to the Drainage Act. Efforts to date by the Drainage Engineer have included an on-site meeting with the Petitioner to determine the area requiring drainage and an off-site meeting with neighbouring landowners to inform them of the petition and gather background information. Both meetings were held on December 12, 2023. As a result of the on-site meeting, the Drainage Engineer has determined that the petition is valid under the Drainage Act and recommends that the City of Niagara Falls should continue the petition process and proceed with the final Engineer’s report. This is documented in a letter from K. Smart Associates, dated December 26, 2023, included as Attachment 1 to this report. Subsequent to the on- and off-site meetings, a petition for Drainage Works by Owners was received from the neighbouring landowners of 3313 Willow Road. While the subject property of this second petition is located in the Town of Fort Erie, it is recommended that Council instruct the engineer to combine the two petitions into one Page 1 of 10 Page 144 of 194 report under section 8(4) of the Drainage Act. This is also documented in the attached letter. A copy of the second petition is also included as Attachment 2. Background The Drainage Act provides a legal procedure through which an “area requiring drainage” can be addressed through the construction of a drain to a sufficient outlet. The process is initiated by the individual(s), in this case, one single property owner, who would derive benefit from the construction of the drain. It is important to note that the costs associated with detailed design, construction and ongoing maintenance and repairs of the drain are to be borne by all land owners in the watershed. The full process defined by the Drainage Act is presented in Attachment 3; key steps in the process to be addressed by Council in the short term are as follows: 1. Step 1 - Council is to determine if the petition should be accepted and to notify the petitioner of its decision within thirty days of filing of the petition. Note that this is not a decision to proceed directly to design and construction but is a decision to proceed under the process defined by the Drainage Act. This is completed; the petition was accepted by the Council on July 11, 2023. 2. Step 2 - Notify the Niagara Peninsula Conservation Authority (NPCA) and the Ontario Ministry of Agriculture Food and Rural Affairs (OMAFRA) of the City’s intent to proceed with the Drainage Act process. This is complete. 3. Step 3 – Council shall by by-law or resolution appoint a Drainage Engineer to examine an area requiring drainage as described in a Petition for Drainage Works. This is complete. 4. Step 4 – The Drainage Engineer shall prepare a report which shall detail the area requiring drainage, the design of the proposed solution, an estimate of the total cost thereof, the proportion of costs to be assessed to all landowners within the watershed, and such other matters as are prescribed or provided for under the Drainage Act. This has been initiated, field survey work is expected to begin in the first quarter of 2024. Work to prepare the report may take one year to complete. 5. Step 5 - Review and acceptance of the report by Council and the petitioners. Following review of the report, petitioners have the opportunity to remove their names from the petition. If after review of the report, the number of remaining petitioners is less than what is required for a “valid” petition, the original petitioners are responsible for the costs to prepare the preliminary report. In the case of the subject petition, there is only one petitioner therefore they will be responsible for all costs associated with the report. It is anticipated that the work to prepare the report will take several months, following which it will be presented during a City Council meeting for review and input. This is anticipated in 2025. The above represents the preliminary steps to be completed by the City in the short term to initiate the process of establishing a drain under the Drainage Act. The subsequent detailed design, approvals, and construction work will follow the procedures defined by the Drainage Act and related legislation and will be documented in a detailed Engineer’s Report. These procedures dictate include numerous mandatory points of Page 2 of 10 Page 145 of 194 contact with City Council and affected landowners, including presentation of the Engineer’s Report during a City Council meeting and ample opportunities for review and comment by City Council and affected landowners. Operational Implications and Risk Analysis There are currently no operational or risk implications to the City’s assets associated with the petition. In submitting their petitions, the petitioners have indicated that their lands are subject to drainage issues. If the City does not proceed with the petition process, the identified drainage issues will persist, potentially resulting in private property damage. Further, the petitioners may appeal the City’s decision not to proceed with the process under the Drainage Act. Financial Implications/Budget Impact The costs associated with constructing, maintaining, and repairing a drain under the Drainage Act are borne by all land owners in the watershed, and so the financial impact to the City is expected to be minimal. At present, it is premature to estimate the costs that will be incurred. However, the Drainage Act includes numerous opportunities for the petitioner(s) and affected landowners to review and provide input. Strategic/Departmental Alignment The recommendations of this report align with the following Strategic Pillars  Financial Sustainability - Financial sustainability refers to the ability of the City of Niagara Falls to effectively manage its financial resources to meet its current and future obligations, without relying on external sources of funding, and without sacrificing its ability to deliver essential services to its residents. Under the Drainage Act, the costs associated with establishing, maintaining and repairing drains are to be assessed against and paid for by all lands in the watershed.  Environmental Sustainability - Environmental sustainability refers to the practices and policies that the City of Niagara Falls implements to ensure the health and well-being of the environment for current and future generations. This involves improving existing or implementing new policies and practices that ensure that the City’s drainage infrastructure is designed and maintained in a manner that meets or exceeds legislated environmental requirements and mitigates the impacts of climate change to preserve and improve the quality of life for residents in the community. The Drainage Act prescribes a process through which a landowner can address an area requiring drainage; it is the responsibility of the City to assist in that process as prescribed by the Drainage Act.  Customer Service - The City of Niagara Falls prides itself on fostering a culture that prioritizes customer service. The recommendations of this report intend to serve the City’s customers through the prescribed process of the Drainage Act. Contributor(s)  Sue Noble, Infrastructure Services Program Supervisor/Drainage Superintendent  Tara Gudgeon, Senior Manager Asset Management, Municipal Works Page 3 of 10 Page 146 of 194 List of Attachments Attachment 1_Section 9 letter to Niagara Falls Attachment 2_Drainage Petition_3313 Willow Road_20231215 Attachment 3_Drainage Act Petition Process Written by: Sue Noble, Infrastructure Services Program Supervisor Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 26 Jan 2024 Jason Burgess, CAO Approved - 29 Jan 2024 Page 4 of 10 Page 147 of 194 S:\2023\23-197\Correspondence\Drainage Section 9 ltr 23-197.doc December 26, 2023 File No. 23-197 Sue Noble, P.Eng. Infrastructure Services Program Supervisor City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 RE: WHITE DRAIN PETITION, SECTION 9 Dear Sue: As a result of the on-site meeting that was held on December 12, 2023, we have determined that the area that requires drainage is the area as shown on the attached plan. For a petition to be valid under Section 4 of the Drainage Act, the petitioner must either be those owners having 60% of the lands in the area requiring drainage, or the owners constituting 51% in numbers. I have determined that the area requiring drainage is the lower-lying agricultural land to the north of Willow Road (see the attached plan). I believe the current petition is valid, as 100% of the land in the area requiring drainage and 100% of the landowners in the area requiring drainage have signed the petition. Therefore, the Petition is valid under Section 4(1)(a) and 4(1)(b) of the Drainage Act. The City of Niagara Falls should continue the process and proceed with the final Engineer’s report. Lands to the south have signed an additional petition, and the Council should request the engineer to combine the reports. All of which is respectfully submitted. Yours truly, Neal Morris, P.Eng. mw encl cc: Page 5 of 10 Page 148 of 194 Page 6 of 10Page 149 of 194 M‘'t ofAgriculture,'‘'F3‘:31dRm‘Affairs ggtilgolnforDrainage Works by Owners Drainage Act,R.S.O.1990,c.D.17,clause 4(1)(a)or (b) Ontario This form is to be used to petition municipal council for a new drainage works under the Drainage Act.It is not to be used to request the improvement or modi?cation of an existing drainage works under the Drainage Act. To:The Councilof the Corporation of the City of Niagara Falls The area of land described below requires drainage(provide a description of the properties or the portions of properties that require drainage improvements) Property of 3313 Willow Rd,Stevensville,Ontario.More specifically the wooded area south of Willow Rd,adjacent to the culvert that runs under Willow Rd across from 6113 Willow Rd;and additionally the drainage ditch in the area of‘, Netherby Rd near Point Abino Rd which drains across our horse paddock at times of heavy rain and collects in the wooded area described above. .-¢ **3 In accordance with section 9(2)of the Drainage Act,the description of the area requiring drainage willbe con?rmed or modified by an engineer at the onsite meeting.~ As owners of land within the above described area requiring drainage,we hereby petition council under subsection 4(1)of the Drainage Act for a drainage works.in accordance with sections 10(4),43 and 59(1)of the Drainage Act,if names are withdrawg from the petition to the point that it is no longer a valid petition,we acknowledge responsibility for costs. Purpose of the Petition(To becompletedby one of thepetitioners.Please typelprint) Telephone NumberContactPerson(Last Name)(First Name) Derksen Ron 289 929-5823 ext‘‘.43. Address Roadlstreet Number Road/Street Name 3313 Willow Rd Location of Project Lot Concession Municipality Former Municipality (if applicable) Fort Erie What work do you require?(Check all appropriate boxes) Constructionof new open channel Construction of new tile drain :5]Deepening or widening of existing watercourse (not currently a municipal drain) [:'Enclosure of existing watercourse (not currently a municipal drain) 2]Other (provide description V) Clearing existiggdrain north from Willow Rd,iusteast of 6113 Willow Rd and resolving Netherby Rd ditch Name of watercourse (if known)‘ Estimated length of project 100 m General description of soils in the area clay What is the purpose of the proposed work?(Check appropriate box) E]Tile drainage only Surface water drainage only C]Both Petition ?led this 15th day of December ,20 ;?_§__Name of Clerk (Last,?rst name)MA732%ét.//LL mm01‘/'3E (2022111)©King's Printer for Ontario,2022 Ulsponible en francais Page 1Page 7 of 10Page 150 of 194 Property Owners Signing ThePetition -Your municipal property tax billwillprovide the property description and parcel rollnumber. v in rural areas,the property description should be in the form of (part)lot and concession and civic address. ~In urban areas,the property description should be in the form of street address and lot and plan number if available. -if you have more than two properties,please take copy(ies)of this page and continue to list them all. Number Property Description 3313 WillowRd,StevensvilleON Ward or Geographic Township Parcel Roll Number Fort Erie . 040.055.31000.0000 I hereby petition for drainage for the land described and acknowledge my ?nancial obligations. Ownership 1:]Sole Ownership Owner Name (Last,First Name)(Type/Print)Signature’Date (yyyy/mm/dd) Owner Name (Last,First Name)(Type/Print)Date (yyyy/mm/dd) Derksen,Ronald 2023/12/15 Derksen,Christine 2023/12/15 :1 Corporation (The individual with authority to bind the corporationmust sign the petition) Name of Signing Officer (Last,First Name)(Type/Print)Signature Name of Corporation l have the authority to bind the Corporation. Position Title Date (yyyy/mm/dd) Number Property Description Ward or Geographic Township Parcel Roll Number I hereby petition for drainage for the land described and acknowledge my ?nancial obligations. Ownership :1 Sole Ownership Owner Name (Last,First Name)(Type/Print)Signature Date (yyyy/mm/dd) l E]Partnership (Each partner in the ownership of the property must sign the petition form) Owner Name (Last,First Name)(Type/Print)lsignature ‘Date (yyyylmm/dd) fr r :1 Corporation (The individual with authority to bind the corporation must sign the petition) Name of Signing Of?cer (Last,First Name)(l’ypelPrint)Signature Name of Corporation l have the authority to bind the Corporation. Position Title Date (yyyy/mm/dd) ClrkinitialCheckhereifadditionalsheetsareattached Petitioners become ?nancially responsible as soon as they sign a petition. -Once the petitionis accepted by council,an engineer is appointed to respond to the petition.Drainage Act,R.S.O.1990,c.D.17 subs.8(1). ~After the meeting to consider the ?nal report,if the petition does not comply withsection 4,the project is terminated and the originalpetitionersareresponsibleforthecostsinsharesproportionaltotheirassessmentintheengineersreport.Drainage Act,R30.1990,c.D.17 s.43.-If the project proceeds to completion,a share of the cost of the project will be assessed to the involved properties in relation to theassessmentscheduleintheengineer's report,as amended on appeal.Drainage Act,R.S.O.1990,c.D.17 s.61.Notice of Collection of Personal informationAnypersonalinformationcollectedonthisform is collected under the authority of the Drainage Act,R.S.O.1990,c.D.17 and will be used forthepurposesofadministeringtheAct.Questions concerning the collection of personal information should be directed to:where the fonn is addressed to a municipality (municipality to complete)and where the fonn is addressed to a territory without municipal organization,the Drainage Coordinator,Ministry of Agriculture,Food and RuralAffairs,1 StoneRdW,GuelphON N1G4Y2,519 826-3552.0173E(2022111)Page 8 of 10Page 151 of 194 Section4 E E E E E E E E Shouldpeonbeaccepted? E localmunicipalies: Isenvironmentalappraisal desired?6(1) localmunicipalies:Isa benetcoststatement desired?7(1) Hasanenvironmentalappraisalor benetcoststatementbeenrequested? Shouldanengineer beappointed?8(1) Isanenvironmentalappraisalor benetcoststatementdesired? 6(2)and7(2) Shouldapreliminary reportbeprepared? Isthepeonsll valid?10(5) Shouldtheproject proceed?10(5) Isthepeonvalid? Peoners Canavalidpeonbe resubmiedwithin 60days?(95) Meengtoconsiderpreliminaryreport10 PeonledwithCouncil4(1) Peonersnoedofdecision5(1)a PeonershaverightofappealtoTribunal5(2) Nocesent5(1)(b) Councilinstructsengineer toproducenalreport9(5)or10(5) Engineerpreparesandlespreliminaryreport10(1) Clerksendsnocesofmeengtoconsiderpreliminary reporttoaectedpares10(2) Engineerpresentspreliminaryreport Councilgivesownersopportunitytoaddor withdrawnamesfromthepeon10(3) Engineerholds on-sitemeeng9(1) Councilreceivesfeedback Requestsenttocouncilwithin30daysRequestsenttocouncilwithin30days PeonershaverightofappealtoTribunal8(3) Peonershaverightofappeal toTribunal10(6) Engineerreportstocouncilhowthe peonisdecient9(4) Proceedings stop9(4) Noacon required Noacon required Original peoners paycostsand theproject stops10(4) Connued E E Engineerpreparesnalreportandles withmunicipalitywithin1year39(1) FigureA2-1.Peondrainprocedures(Secon4). 16 PartA–ApplicaonoftheDrainageActRequirements Page 7 of 9Page 9 of 10 Page 152 of 194 E Shouldtheproject proceed?41(1)PeonershaverightofappealtoTribunal45(2) Connued E E Meengtoconsider nalreport41-44 Clerk(s)sendsnoceofmeengtoconsidernal report41(1)and41(2) Engineerpresentsnalreport Peonershaverightofappealto Tribunal45(2) Original peoners paycostsand theproject stops10(4) Isthepeonsll valid?43 Shouldtheproject proceed? 44 Councilgivesownersopportunitytoaddor withdrawnamesfromthepeon42 AppealofC.O.Rdecision ledwithin21days Reportreferredback toengineer57 10days AppealtoTribunalandrefereeledwithin40daysaersending Tribunalhearsappealsfrom decisionofC.O.R.on assessments54 Theseappealstepsonlyoccurifappealsareled Tribunalhearsappealon technicalaspectsofthework 48,49,50 Refereehearsappealsonlegal aspectsofthework47(1) Councilprovisionallyadoptsthereportbyby-law 45(1) Clerkssendoutprovisionalby-lawandnoceofthe courtofrevision(C.O.R.)46(1)and(2) ChangesorderedbytheCoRorTribunal,ifany,are putintoeectbytheclerk56 20-30daysaersending,C.O.R.hearsappealon assessments52(1) Aerallappealshavebeenheardormefor appealinghasexpired(min40days),by-lawmaybe passed58(1) E Aretenderprices33%higher thanesmate? EAppealsledwithin1yearofprojectcompleon Meengtoconsidertenderprice59 Tenderingoccurs Accepttenderandproceedtoconstrucon Clerk(s)sendsnoceofmeengto considertenderprice(59(1) Tenderpricesare presented Councilgivesowners opportunitytoaddorwithdraw namesfromthepeon42 Projectconstructed Post-construconadministravework: –by-lawamendedtoreectactualcosts62(1) –assessmentslevied62(1) –grantsappliedfor88 –by-lawregistered68 Projectcomplete PeonershaverightofappealtoTribunal64 Original peoners paycostsand theproject stops43 Isthequalityofworksasfactory? 64 E Isthepeonsllvalid? 42 L ProceedingStop DecisionPoint GeneralAcons MovetoAnother Process Projectscope meeng SS Peoners/Owners Engineer MunicipalSta CouncilofIniang Municipality Conservaonauthority (CA),provincialorlocal government Appeal 1Projectscopingmeengsarenotrequiredbythe DrainageAct.Theyareasuggestedaddiontotheprocess asapotenalmeanstoresolveissues 17 GeneralGuidanceonKeySecons,DrainageAct,1990 Page 8 of 9Page 10 of 10 Page 153 of 194 F-2024-06 Report Report to: Mayor and Council Date: February 6, 2024 Title: 2023 Q3 Water/Wastewater Fund Budget to Actual Variance (Unaudited) Recommendation(s) That the 2023 Water & Wastewater Budget to Actual Third Quarter Variance report for the third quarter ended September 30, 2023 BE RECEIVED. Executive Summary This report is intended to provide Council with information and details pertaining to the 2023 budget to actual variance results for the third quarter ended September 30, 2023 for both the Water Fund and the Wastewater Fund. Within attachments 1 and 2, if there is a note number notation to the right of the variance column, there is a corresponding explanation to that note number located in the analysis section of this report. Please refer to this report in conjunction with the attachments. Background Council has expressed a desire to view actuals in conjunction with the budget. One goal of the finance department is to provide Council with three (3) variance reports throughout the year showing the results of budget to actual variances for Q2, Q3 and Q4. Staff feel there is little value in preparing a Q1 variance report, with spending during January to March being so preliminary which is the reason a Q1 variance report is not being recommended. Analysis WATER FUND (FUND 15) Attachment 1 contains the Water Fund 2023 budget to actual Q3 variance. The subsequent notes correspond to the statement in Attachment 1. Page 1 of 9 Page 154 of 194 REVENUES 1. Sales at Q3 had an unfavourable variance of $109,000 due to lower than anticipated construction of new subdivisions and lower-than-anticipated meter purchases. 2. User fees at Q3 had a favourable variance of $182,000 due to the water volumetric charges. As a result of the increased billable consumption, additional costs also arose from increased variable consumption due to more water being purchased from the Region (see #8). User fees for flat water rates also showcased a favorable variance due to higher than anticipated water transfer and shut off fees. 3. From Development Charges and To CSPR (DC Debt Placeholder) each had a variance of $576,000 as these two line items relate to debt not yet issued for the Montrose/Biggar/Reixinger Watermain loop and road reconstruction. These accounts will both continue to run a variance until such time as the debt is issued and payments need to be made. There is no bottom line impact as a result of these variances. EXPENSES 4. Labour, Benefits and Overtime is currently tracking $96,000 above budget in the Water Fund and $270,000 below budget in the Wastewater fund at Q3. The budgeting process estimates labour allocation between water and wastewater based on expected needs and department distribution. However, unforeseen water main breaks or complications can shift the allocation. The cumulative variance for labour, benefits, and overtime between the water and wastewater funds is a favorable $174,000 variance at Q3. 5. Materials had an unfavourable variance of $60,000 at Q3. Due to an increase in watermain repairs, this unbudgeted increase has led to more materials being spent on watermain repairs. 6. Professional Development has an unfavourable variance of $14,000 at Q3. This is driven by legislative training required. In 2020 and 2021 limited training was done during the COVID-19 Pandemic, and in 2022 and 2023 many certifications were expiring and catchup from the COVID-19 impacted years was needed. 7. Contracted Services has a favourable variance of $479,000 at Q3. This is primarily due to underspending in system maintenance waterworks for locate services and water systems research & development. See Table 1 at the end of the analysis section for further breakdown. Page 2 of 9 Page 155 of 194 8. Volumetric Regional Charges have an unfavourable variance of $94,500 in line with the explanation in #2 User Fees. Higher than anticipated user consumption means higher than anticipated revenues and higher than anticipated consumption expense to the Region. 9. Rents and Financial Expenses at Q3 has a favourable variance of $74,000 due to the timing of expenses posted. 10. Debt Charges variance at Q3 is due to the timing of debt payments. 11. Internal Rent at Q3 has a favourable variance of $93,000 due to fuel prices and repairs & maintenance, the 2023 budget was developed under the assumption that fuel prices would remain at an all-time high, however during the year fuel prices have declined. WASTEWATER FUND (FUND 16) Attachment 2 contains the Wastewater Fund 2023 budget to actual Q3 variance. The notes below correspond to the statement in Attachment 2. REVENUES 12. User fees at Q3 had an unfavourable variance of $920,000 due timing of sewer volumetric and fixed charges charges billings. 13. Transfers from Special Purpose Reserves (SPRs) was budgeted for $258,000 to offset budgeted spending in contracted services of $150,000 for TV Inspections, $58,000 for Weeping Tile Removal and $50,000 for Local Drainage Assist Program as the City has reserves for these items. Transfers from SPRs will be done at year-end for any costs incurred in 2023 related to these programs. EXPENSES 14. Materials has a favourable variance of $104,000 due to timing and estimates. The insurance claims budget of $75,000 with actuals of $0. This budget is estimated based on a 5 year average of claims and actual claim payouts are allocated to the water and wastewater fund at year end which we will see on the Q4 variance report. 15. Electricity has a favourable variance of $30,000 due to the upload of pumping station electricity bills to the Region, this is reflected in the 2024 budget. A total of $40,500 of 2023 budgeted electricity bills was transferred to the Region. 16. Contracted Services has a favourable variance of $1,156,000 at Q3. This is primarily due to higher than anticipated leachate credits under fixed regional charges, underspending in sanitary systems maintenance and sanitary systems Page 3 of 9 Page 156 of 194 research & development due to timing of expenditure posting. See Table 2 at the end of the analysis section for further breakdown. 17. Rents and Financial Expenses at Q3 has a favourable variance of $20,000 due to the timing of expenses posted 18. Debt Charges variance at Q3 is due to the timing of debt payments 19. Internal Rent at Q3 has a favourable variance of $41,000 due to fuel prices and repairs & maintenance, the 2023 budget was developed under the assumption that fuel prices would remain at an all-time high, however during the year fuel prices have declined. Table 1 (goes with #7 explanation) Budget Line Item Budget ($) 75% Q3 Actuals ($) Under/(Over) Spent System Maintenance - Locates $540,000 $387,000 $153,000 Water Systems R&D $75,000 - $75,000 Other Contracted Services Items $738,000 $486,683 $251,316 Total $1,353,000 $873,683 $479,316 Table 2 (goes with #16 explanation) Budget Line Item Budget ($) 75% Q3 Actuals ($) Under/(Over) Spent Fixed Regional Charges $12,414,730 $12,024,369 $390,361 Sanitary System Maintenance $1,132,875 $685,384 $447,491 Sanitary System R&D $562,500 $244,109 $318,391 Total $14,110,105 $12,953,862 $1,156,243 Financial Implications/Budget Impact This report is financial in nature with details throughout. Financial implications regarding variances have been communicated above in the analysis section. Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments: Page 4 of 9 Page 157 of 194 1. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long-term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. List of Attachments F-2024-08 Attachment 1 – Q3 Water Fund Budget to Actual Variance (unaudited) F-2024-08 Attachment 2 – Q3 Wastewater Fund Budget to Actual Variance (unaudited) Written by: Sebastian Zukowski, Senior Financial Analyst Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 24 Jan 2024 Shelley Darlington, General Manager of Corporate Services Approved - 24 Jan 2024 Jason Burgess, CAO Approved - 29 Jan 2024 Page 5 of 9 Page 158 of 194 Attachment 1 F-2024-08 February 6, 2024 Annual Budget Budget to Sept 30 (75%) Actuals (Over)/ Under Budget Variance (Over)/ Under Budget Used 2023 2023 2023 $%% REVENUES Other Revenue 50,000 37,500 16,805 20,695 55.2%33.6% Penalties 62,700 47,025 52,643 (5,618)(11.9%)84.0% Sales 225,000 168,750 59,449 109,301 64.8%26.4%[1] User Fees 25,523,082 19,142,312 19,323,931 (181,619)(0.9%)75.7%[2] Miscellaneous Revenue 25,860,782 19,395,587 19,452,828 (57,241)(0.3%)75.2% From Development Charges 768,232 576,174 0 576,174 100.0%0.0%[3] Internal Transfers 768,232 576,174 0 576,174 100.0%0.0% TOTAL REVENUE 26,629,014 19,971,761 19,452,828 518,933 2.6% 73.1% Q3 2023 Budget to Actual Comparison WATER FUND Page 6 of 9 Page 159 of 194 Attachment 1 F-2024-08 February 6, 2024 Annual Budget Budget to Sept 30 (75%) Actuals (Over)/ Under Budget Variance (Over)/ Under Budget Used 2023 2023 2023 $%% Q3 2023 Budget to Actual Comparison WATER FUND EXPENSES Labour 2,483,208 1,862,406 1,961,690 (99,284)(5.3%)79.0% Employee Benefits Allocation 755,053 566,290 596,301 (30,011)(5.3%)79.0% Overtime 95,000 71,250 38,224 33,026 46.4%40.2% Labour and Benefits 3,333,261 2,499,946 2,596,214 (96,269)(3.9%)77.9%[4] Advertising/News Release 1,500 1,125 0 1,125 100.0%0.0% Conferences/Conventions 3,000 2,250 0 2,250 100.0%0.0% Insurance Premiums 163,487 122,615 109,688 12,928 10.5%67.1% Materials 980,100 735,075 795,134 (60,059)(8.2%)81.1%[5] Office Supplies 11,000 8,250 12,137 (3,887)(47.1%)110.3% Professional Development 32,500 24,375 38,046 (13,671)(56.1%)117.1%[6] WSIB 30,000 22,500 43,672 (21,172)(94.1%)145.6% Materials 1,221,587 916,190 998,677 (82,486)(9.0%)81.8% Electricity 500 375 327 48 12.7%65.4% Utilities 500 375 327 48 12.7%65.4% Contracted Services 1,804,000 1,353,000 873,683 479,317 35.4%48.4%[7] Volumetric Regional Charges 9,028,824 6,771,618 6,677,118 94,500 1.4%74.0%[8] Fixed Regional Charges 3,117,666 2,338,250 2,338,250 0 0.0%75.0% Contracted Services 13,950,490 10,462,868 9,889,051 573,816 5.5%70.9% Rents and Financial Expenses 253,595 190,196 116,219 73,978 38.9%45.8%[9] Long Term Interest 151,166 113,375 78,448 34,927 30.8%51.9% Long Term Debt Principal 184,190 138,143 89,231 48,912 35.4%48.4% Debt Charges 335,356 251,517 167,678 83,839 33.3%50.0%[10] Internal Rent 497,862 373,397 280,225 93,171 25.0%56.3%[11] Indirect Costs 130,088 97,566 97,567 (1)(0.0%)75.0% To Capital SPR 6,105,000 4,578,750 5,179,706 (600,956)(13.1%)84.8% To CSPR (Debt Placeholder)33,043 24,782 0 24,782 100.0%0.0% To CSPR (DC Debt Placeholder) 768,232 576,174 0 576,174 100.0% 0.0% [3] Internal Transfers 7,534,225 5,650,669 5,557,498 93,171 1.6%73.8% TOTAL EXPENSES 26,629,014 19,971,761 19,325,664 646,096 3.2% 72.6% (Surplus)/Deficit 0 0 (127,163) 127,163 Page 7 of 9 Page 160 of 194 Attachment 2 F-2024-08 February 6, 2024 Budget Budget to Sept 30 (75%) Actuals (Over)/ Under Budget Variance (Over)/ Under Budget Used 2023 2023 2023 $%% REVENUES Penalties 69,300 51,975 59,210 (7,235)(13.9%)85.4% User Fees 28,455,346 21,341,510 20,421,792 919,717 4.3%71.8%[12] Miscellaneous Revenue 28,524,646 21,393,485 20,481,003 912,482 4.3% 71.8% From Special Purpose Reserves 258,021 193,516 0 193,516 100.0%0.0%[13] From Development Charges 1,007,322 755,492 793,877 (38,385)(5.1%)78.8% Internal Transfers 1,265,343 949,007 793,877 155,131 16.3% 62.7% TOTAL REVENUE 29,789,989 22,342,492 21,274,879 1,067,613 4.8% 71.4% Q3 2023 Budget to Actual Comparison WASTEWATER FUND Page 8 of 9 Page 161 of 194 Attachment 2 F-2024-08 February 6, 2024 Budget Budget to Sept 30 (75%) Actuals (Over)/ Under Budget Variance (Over)/ Under Budget Used 2023 2023 2023 $%% Q3 2023 Budget to Actual Comparison WASTEWATER FUND EXPENSES Labour 1,521,838 1,141,379 928,405 212,974 18.7%61.0% Employee Benefits Allocation 451,152 338,364 276,889 61,475 18.2%61.4% Overtime 39,000 29,250 33,976 (4,726)(16.2%)87.1% Labour and Benefits 2,011,990 1,508,993 1,239,270 269,723 17.9% 61.6%[3] Insurance Premiums 190,641 142,981 128,261 14,720 10.3%67.3% Materials 350,500 262,875 158,536 104,339 39.7%45.2%[14] Office Supplies 350 263 35 227 86.5%10.1% WSIB 40,000 30,000 29,409 591 2.0%73.5% Materials 581,491 436,118 316,241 119,877 27.5% 54.4% Electricity 42,900 32,175 2,322 29,853 92.8%5.4%[15] Utilities 42,900 32,175 2,322 29,853 92.8% 5.4% Contracted Services 2,260,500 1,695,375 929,493 765,882 45.2%41.1% Fixed Regional Charges 16,552,973 12,414,730 12,024,369 390,361 3.1%72.6% Contracted Services 18,813,473 14,110,105 12,953,862 1,156,243 8.2% 68.9%[16] Rents and Financial Expenses 76,275 57,206 37,206 20,000 35.0% 48.8%[17] Long Term Interest 346,365 259,774 204,122 55,652 21.4%58.9% Long Term Debt 782,868 587,151 687,908 (100,757)(17.2%)87.9% Debt Charges 1,129,233 846,925 892,030 (45,105) (5.3%) 79.0%[18] Internal Rent 237,732 178,299 137,232 41,067 23.0%57.7%[19] Indirect Costs 130,088 97,566 97,567 (1)(0.0%)75.0% To Capital SPR 6,500,000 4,875,000 5,075,105 (200,105)(4.1%)78.1% To CSPR (Debt Placeholder)53,362 40,022 0 40,022 100.0%0.0% To CSPR (DC Debt Placeholder) 213,445 160,084 0 160,084 100.0% 0.0% Internal Transfers 7,134,627 5,350,970 5,309,904 41,066 0.8% 74.4% TOTAL EXPENSES 29,789,989 22,342,492 20,750,836 1,591,656 7.1% 69.7% (Surplus)/Deficit 0 0 (524,043) 524,043 Page 9 of 9 Page 162 of 194 1 Heather Ruzylo To:Carmella McDougall Subject:RE: Flag Raising and illumination From: Danny Chevalier < Sent: Wednesday, January 10, 2024 6:06 PM To: Carmella McDougall <camcdougall@niagaraparks.com> Cc: Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Heather Phillips <hphillips@niagarafalls.ca> Subject: Flag Raising and illumination Subject: Request for Niagara Falls Illumination and Flag Raising Ceremony on August 19 Dear Carmella McDougall, I am writing to you on behalf of the Dominican community in Canada to express our sincere gratitude for your kind gesture of illuminating the Niagara Falls with the colors of our flag, blue, white, and red, on August 18th, 2023. This was a very meaningful way to celebrate the Restoration Day of the Dominican Republic, which commemorates the victory of the Dominican rebels over the Spanish colonial forces in 1863. We are also writing to request your permission and support for two additional events that we would like to organize on August 19th, 2024, as part of our ongoing celebration of our heritage and history. These events are:  A special illumination of the Niagara Falls with the colors of our flag for 15 minutes at 10:00 p.m., as per the guidelines of the Niagara Falls Illumination Board .  A flag raising ceremony at the Niagara City Hall where we will hoist our flag and sing our national anthem. We hope to make these events a tradition for all Dominican residents in Canada, as they reflect our pride and identity, and also promote a spirit of friendship and diversity among the visitors and residents of Niagara Falls. We would greatly appreciate your cooperation and approval for these events, as they represent our culture and history. Thank you once again for your generosity and understanding. Please let us know if you have any questions or concerns. Sincerely, Danny Chevalier “CAUTION: This email originated from outside of the Niagara Parks email system. Use caution when clicking links or opening attachments unless you recognize the sender and know the content is safe.” Please consider the environment before printing this e-mail. The Niagara Parks Commission Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above and may be legally privileged. If the reader of this Page 163 of 194 2 message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. Page 164 of 194 1 Heather Ruzylo Subject:RE: [EXTERNAL]-April 25th From: Rodale < Sent: Tuesday, January 16, 2024 8:57 PM To: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: Re: [EXTERNAL]-April 25th Parental alimentation flag raising April 25 Rodale Dwyer, B.A. P1 Paralegal, Notary/Commissioner at Dwyer-Hamilton Paralegal Services (DHPS) Law Professor - Humber College Humber Institute of Technology and Advanced Learning Phone Email Info@dhps.ca Website Www.dhps.ca DHPS values and respects flexible work arrangements. Although I have sent this at a time that is convenient for me, please be informed it is not my expectation that you read, respond or follow up on this email outside of your work hours. On Mon, Jan 15, 2024, 3:15 PM Heather Ruzylo <hruzylo@niagarafalls.ca> wrote: Good afternoon Rodale: Should you be requesting a flag-raising ceremony for an upcoming date in 2024, the request must come before Council for approval. If this is the case, kindly forward to me information pertaining to your request. Kind regards, Page 165 of 194 2 Heather Heather Ruzylo | Clerks & Council Services Coordinator | Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4203 | Fax 905-356-9083 | hruzylo@niagarafalls.ca From: Heather Phillips <hphillips@niagarafalls.ca> Sent: Monday, January 15, 2024 3:12 PM To: Rodale < Cc: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: RE: [EXTERNAL]-April 25th Good afternoon Rodale Thank you for the reminder. The standard procedure is that you reach out yearly requesting a flag raising and it must again go to Council for approval. I have copied our Clerks office on this email to start the process. Heather Phillips | Scheduler/Executive Assistant | Mayor & CAO’s Office | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 5101 | hphillips@niagarafalls.ca From: Rodale < Sent: Monday, January 15, 2024 2:13 PM To: Heather Phillips <hphillips@niagarafalls.ca> Subject: [EXTERNAL]-April 25th Hi Heather, Reminder to schedule flag raising for this date. Page 166 of 194 3 You still have the flag at your office. Regards Rodale Dwyer, B.A. P1 Paralegal, Notary/Commissioner at Dwyer-Hamilton Paralegal Services (DHPS) Law Professor - Humber College Humber Institute of Technology and Advanced Learning Phone Email Info@dhps.ca Website Www.dhps.ca DHPS values and respects flexible work arrangements. Although I have sent this at a time that is convenient for me, please be informed it is not my expectation that you read, respond or follow up on this email outside of your work hours. 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 167 of 194 1 Heather Ruzylo To:Carey Campbell Subject:RE: [EXTERNAL]-Proclamation Request From: Mark Jennings < Sent: Monday, January 22, 2024 7:18 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Proclamation Request Dear Mayor 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 around 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. We founded Passion for Parkinson's Foundation, a charitable organization that sources, implements and funds free arts and exercise programs for those 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 in honor of World Parkinson's Day. We request Your City to join us in this recognition by Proclaiming April 11, 2024, as World Parkinson's Awareness Day. Your participation in this event will help us bring awareness and spread the word about this genuinely divesting 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. Thank you for taking the time to read this and for your support. I look forward to hearing from you. Mark Jennings Page 168 of 194 2 Director, Board of Directors Passion for Parkinson's Foundation Proclamation WHEREAS: over 100,000 Canadians live with Parkinson’s disease - a disorder of the central nervous system that results in a person gradually losing the ability to control body movements and WHEREAS: symptoms can vary and can include tremors, slowness of movement, difficulty with balance, swallowing, chewing, and speaking, and a variety of other non-motor symptoms and WHEREAS: World Parkinson’s Day aims to raise awareness and share available resources with those with this debilitating disease and their loved ones. THEREFORE, I, Mayor, of __________, do hereby proclaim April 11th, 2024, to be “World Parkinson’s Day” in the City Of _________. 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 169 of 194 BY E-MAIL January 25, 2024 Jim Diodati Mayor City of Niagara Falls Office of the Mayor 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati, In 2022 B’nai Brith launched a campaign to highlight that May is Jewish Heritage Month in Canada. Up to that time the month had not received much prominence. That has changed and the public has become far more aware of the heritage month. Our efforts have been remarkably successful as over 70 partners representing municipalities and school boards have now adopted proclamations, hosted events, and used their social media to mark the heritage month. The City of Niagara Falls is among them. Mayors and Councillors also provided video greetings. These have been viewed tens of thousands of time on our web site. In a few short months we will again celebrate Canadian Jewish Heritage marking the significant contributions that Jews have made to Canada’s wellbeing and success. With the world still focussed on the efforts to free all the hostages taken by Hamas and with Israel committed to rooting out terrorism, it is understandably difficult to concentrate on ensuring a robust and successful Jewish Heritage, 2024. But in many ways, it is more important than ever that we do so. It will be an affirmation of Jewish history in Canada and a means that Jews can show pride in both Canada and Israel. …/2 Page 170 of 194 2. Accordingly we again request that Niagara Falls adopt a motion to recognize May as Jewish Heritage Month 2024 in your city and that you provide us, as you did in 2023, with a video statement about the month. Your message can focus on anything you want to share with Canadians about Jewish Heritage Month, about issues important to the Jewish and other communities and other pertinent issues as to how your community is working to foster dialogue and cooperation and combat hate. The video can be 2 to 4 minutes long and can be in MP4 format or via your cell phone. If the later, it should be recorded in landscape (horizontal) format. If the later, it should be recorded in landscape (horizontal) format. Please provide to me at marvinr@bnaibrith.ca. As we have in the past, we will share on our social media and make available to our extensive readership on our website. To facilitate our work, we would appreciate receiving your video by April 8, 2024. Please let me know if you have need of any further clarification. Allow me to thank you in advance for your aid in helping make Jewish Heritage Month 2024 a success. Yours truly, Marvin Rotrand National Director - League for Human Rights B’nai Brith Canada Page 171 of 194 From the Office of the Clerk The Corporation of the County of Prince Edward T: 613.476.2148 x 1021 | F: 613.476.5727 clerks@pecounty.on.ca | www.thecounty.ca January 22, 2024 Please be advised that during the regular Council meeting of January 16, 2024 the following motion regarding support for the Province to expand the life span of fire apparatus, specifically pertaining to the replacement of fire trucks due to insurance requirements was carried: RESOLUTION NO. 2024-46 DATE: January 16, 2024 MOVED BY: Councillor Nieman SECONDED BY: Councillor Branderhorst WHEREAS By-Law 3256-2013, being a By-Law to Establish, Maintain, and Operate a Fire Department established service level standards for the Corporation of the County of Prince Edward Fire Department; AND WHEREAS apparatus and equipment are directly tied to the delivery of fire protection services authorized by Council in By-Law 3256-2013, and a safe, reliable and diverse fleet is required to serve operational needs; AND WHEREAS fire Apparatus is governed by industry best practices, the application of law and recognized industry partners, including the Ontario Fire Service Section 21 Guidance Notes, National Fire Protection Association Standards, The Occupational Health and Safety Act, and Fire Underwriters Survey (FUS); AND WHEREAS Fire Underwriters Survey (FUS) is a provider of data, underwriting, risk management and legal/regulatory services focusing on community fire- protection and fire prevention systems in Canada, establishing apparatus replacement schedules based on safety and risk mitigation practices; AND WHEREAS on November 16, 2023, Council, received report FD-06-2023 regarding asset Management - Fire Apparatus Fleet Report and noted the budgetary pressures of meeting FUS replacement schedules; AND WHEREAS no provincial funding is available for new fire trucks, yet, small and rural municipalities must meet the same standards set by FUS as larger municipalities for fire equipment, including additional pressure to move fire trucks out when they reach a specific age, even though they can still meet the safety regulations; Page 172 of 194 From the Office of the Clerk The Corporation of the County of Prince Edward T: 613.476.2148 x 1021 | F: 613.476.5727 clerks@pecounty.on.ca | www.thecounty.ca THEREFORE BE IT RESOLVED THAT the Council of the Corporation of Prince Edward County direct the Mayor to draft a letter to MPP Minister Todd Smith requesting a meeting to discuss the life span of fire apparatus, specifically pertaining to the replacement of fire trucks due to insurance requirements; and THAT the Mayor draft a letter to FUS requesting the creation of a new community fire-protection and fire prevention insurance system that does not put all municipalities under the same umbrella, with distinct categories for rural and urban municipalities; THAT this resolution be sent to Premier Doug Ford, the Honourable David Piccini, Minister of Labour, Immigration, Training and Skills Development, Paul Calandra, Minister of Municipal Affairs and Housing requesting a response on this matter within 30 days of receipt; and THAT this resolution be shared with all 444 municipalities in Ontario, The Federation of Canadian Municipalities (FCM), The Association of Municipalities Ontario (AMO), and The Eastern Ontario Wardens’ Caucus (EOWC). CARRIED Yours truly, Catalina Blumenberg, CLERK cc: Mayor Steve Ferguson, Councillor Nieman, Councillor Branderhorst, Marcia Wallace, CAO and Fire Chief Chad Brown Page 173 of 194 January 26, 2024 Re: Social and Economic Prosperity Review Please be advised that the Council of the Corporation of the Town of Orangeville, at its Regular Council Meeting held on January 22, 2024, approved the following resolution: WHEREAS current provincial-municipal fiscal arrangements are undermining Ontario’s economic prosperity and quality of life; and WHEREAS nearly a third of municipal spending in Ontario is for services in areas of provincial responsibility and expenditures are outpacing provincial contributions by nearly $4 billion a year; and WHEREAS municipal revenues, such as property taxes, do not grow with the economy or inflation; and WHEREAS unprecedented population and housing growth will require significant investments in municipal infrastructure; and WHEREAS municipalities are being asked to take on complex health and social challenges – like homelessness, supporting asylum seekers and addressing the mental health and addictions crises; and WHEREAS inflation, rising interest rates, and provincial policy decisions are sharply constraining municipal fiscal capacity; and WHEREAS property taxpayers – including people on fixed incomes and small businesses – can’t afford to subsidize income re- distribution programs for those most in need; and WHEREAS the province can, and should, invest more in the prosperity of communities; and Page 174 of 194 WHEREAS municipalities and the provincial government have a strong history of collaboration; now THEREFORE, BE IT RESOLVED THAT the Town of Orangeville requests the Province of Ontario commit to undertaking with the Association of Municipalities of Ontario a comprehensive social and economic prosperity review to promote the stability and sustainability of municipal finances across Ontario; and FURTHER THAT a copy of this motion is sent to the Premier of Ontario, Doug Ford; the MPP, Sylvia Jones; and all municipalities in Ontario. Carried. Yours truly, Raylene Martell Town Clerk Page 175 of 194 February 2, 2024 Niagara Falls City Council 4310 Queen St Niagara Falls ON L2E 6X5 Dear Mayor Diodati & Members of Niagara Falls City Council, For the past 10 years, our community has come together to shine a light on homelessness and hunger by walking and raising funds during the Meridian Credit Union Coldest Night of the Year event. In 2023, a Niagara Falls City Council team led by Councillor Victor Pietrangelo, along with 200 community walkers raised over $58,000 to help Project SHARE keep our neighbours fed, housed and healthy. The need for our emergency support services has never been greater and we rely on fundraisers like Coldest Night of the Year to help us provide emergency food and homelessness prevention services. We’re hoping you will join us once again by registering a City Council team and walking with us from Saint Paul High School at 5pm on Saturday February 24. Ruth-Ann Nieuwesteeg, our City Council Representative on our Board of Directors has offered to captain the Niagara Falls City Council team this year, and I invite you join her and walk with us to support the 1 in every 7 residents in our city who rely on Project SHARE’s essential support services. You can find more information about Coldest Night of the Year and register online at www.cnoy.org/niagarafalls I’d be happy to meet with you and share more information on this event and how it helps Project SHARE support residents of Niagara Falls. With gratitude, Pam Sharp Executive Director Page 176 of 194 1 Michael Stewart To:Bill Matson Subject:RE: [EXTERNAL]-Dear Mayor Jim Diodati From: Bill Matson <billmatson@niagarafalls.ca> Sent: Monday, February 5, 2024 11:55 AM To: Carey Campbell <ccampbell@niagarafalls.ca>; Kadri Dakaj <kadri.dakaj@rks-gov.net>; Jim Diodati <jdiodati@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Cc: Heather Phillips <hphillips@niagarafalls.ca>; Michael Stewart <mstewart@niagarafalls.ca> Subject: RE: [EXTERNAL]-Dear Mayor Jim Diodati Kadri, We can add this to tomorrow’s Council agenda for Council’s consideration for the flag-raising at City Hall. Staff will follow up shortly after the meeting with final arrangements. Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Monday, February 5, 2024 11:47 AM To: Kadri Dakaj <kadri.dakaj@rks-gov.net>; Jim Diodati <jdiodati@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Michelle Sanlon <msanlon@niagaraparks.com> Cc: Heather Phillips <hphillips@niagarafalls.ca> Subject: RE: [EXTERNAL]-Dear Mayor Jim Diodati Hello Kadri: Thank you for your email to Mayor Diodati. He asked me to follow up to put you in touch with our City Clerk, Bill Matson, in order to ensure that your request is brought forward at the earliest possible Council Meeting so it can be addressed in time for your requested flag raising to honour Kosovo’s independence. I trust that Bill will respond here. Additionally, with regard to your request for a falls illumination, I’m including Michelle Sanlon who can connect with you on the process and follow up for that request as well. Kind regards, carey Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca Page 177 of 194 2 From: Kadri Dakaj <kadri.dakaj@rks-gov.net> Sent: Monday, February 5, 2024 11:24 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Dear Mayor Jim Diodati Dear Mayor Jim Diodati, I am writing to you as the Consul General of the Republic of Kosovo in Toronto to extend warm greetings and wishes for a prosperous New Year to you, your esteemed family, and the vibrant community of Niagara Falls. As we had the pleasure of discussing back in May 2023, February 17th, 2024, marks the 16th anniversary of the Republic of Kosovo's declaration of independence, coupled with the commemoration of the 25th anniversary of Kosovo's liberation. In light of these significant milestones, we respectfully request, if feasible, the honor of raising the flag of the Republic of Kosovo at Niagara's City Hall, illuminating the waterfalls with the colors of our flag, and hoisting the flag at Niagara Falls. This symbolic gesture would not only be a tribute to the relationship to Niagara and the Albanian community from Kosovo in the region, but also a celebration of the diverse and inclusive spirit that characterizes Niagara. I would like to express our readiness to meet at your convenience to discuss the details of this collaboration and explore the possibilities for fostering closer ties between our two nations. Furthermore, we extend an invitation for your visit to Toronto whenever your schedule permits. It would be a pleasure to host you and continue strengthening the diplomatic relationship between our regions. I look forward to the prospect of our collaboration. Sincerely, Kadri Dakaj Consul General of the Republic of Kosova in Toronto +1 437 5510619 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 178 of 194 Municipality of Tweed Council Meeting Council Meeting Resolution No. Title:Councillor J.Flieler Date:Tuesday,January 9,2024 Moved by J.Flieler Seconded by P.Valiquette WHEREAS the decision to eliminate licence plate renewal fees was made with the intention of easing the financial burden on hardworking Ontario Residents; AND WHEREAS while the elimination of renewal fees has provided relief to residents,it has simultaneously deprived our Ontario infrastructure of vital funding,exacerbating the pressing issues we face; AND WHEREAS the burden placed on our four hundred and forty-four Ontario municipalities is escalating,pushing them further into debt as they struggle to address critical infrastructure needs without the necessary financial support; AND WHEREAS the elimination of these fees has resulted in the removal of over six billion dollars over :ix years,funds urgently needed for our failing Ontario infrastructure; AND WHEREAS the burden on all four hundred and forty-four Ontario municipalities is pushing them further into debt; AND WHEREAS reinstating licence plate renewal stickers (fees)and distributing the collected monies to all Ontario municipalities would signi?cantly bene?t the urgently required infrastructure upgrades and replacements; AND WHEREAS redistributed licence plate renewal sticker fees divided equally among all four hundred and forty-four Municipalities would total $2,252,252.25 every year for each Municipality; NOW THEREFORE BE IT RESOLVED THAT we request that the Licence Plate Renewal system be reinstated to allocate these six billion lost infrastructure dollars where they rightfully belong; AND FURTHER,we propose that all monies collected through the reinstated Licence Plate Renewal system be used in the best interests of all Ontarian‘s for infrastructure improvements,ensuring long- term prosperity and safety of our communities; AND FURTHER,we trust that the Provincial Government will carefully consider this proposal and take the necessary steps to address the critical infrastructure needs that our Municipality currently faces. 0 Carried Page 179 of 194 Enbridge Gas Inc. 500 Consumers Road North York, Ontario M2J 1P8 Canada January 24, 2024 Your Worship and Members of Council, I am writing to inform you of our concerns with the Ontario Energy Board's (OEB) decision on Phase 1 of the Enbridge Gas 2024 rebasing application, issued on December 21, 2023. The disappointing decision puts future access to natural gas in doubt and sets a deliberate course to eliminate natural gas from Ontario's energy mix. This decision is about the millions of Ontarians who rely on natural gas to keep their homes warm, and the many businesses throughout Ontario who depend on natural gas for day-to-day operation. Our 2024 rate rebasing application was designed to provide our customers with safe and reliable natural gas at a reasonable cost, in addition to measured steps to help Ontario advance a practical transition to a sustainable energy future. Natural gas plays a critical role in Ontario's energy evolution mix while supporting the reliability of Ontario’s electricity system. Natural gas meets 30 percent of Ontario’s energy needs, which can not be easily or quickly replaced. We are taking action to secure the future of natural gas in your communities. We are filing a motion in late January to review evidence with the OEB and seeking a judicial review of this decision. Without natural gas, communities across Ontario will feel the impacts of this decision in their everyday lives – the stakes are high. • Energy Affordability: Those looking to connect to natural gas will be required to pay an upfront fee, which creates a significant financial barrier to all forms of residential and commercial development. This resulting fee adds thousands of dollars to individual consumers' cost to obtain or expand gas service. • Economic Growth: This decision will put economic developments in your community at risk. The decision limits the ability of future expansion projects to support regional investment to meet the ever-growing energy needs in your community and communities across Ontario. That includes greenhouses, grain dryers, industrial parks, and any new businesses or housing developments seeking access to natural gas. • Energy Access: Preserving customer choice is critical. Constraining access to natural gas through a reduction in capital will significantly limit the future development of essential energy infrastructure vital to moving manufacturing, agriculture, and the consumer goods industry in Ontario. • Energy Security: On an annual basis, natural gas delivers twice the energy to Ontario than electricity, and five times the maximum peak capacity of Ontario's electricity grid at a quarter of the cost. Even in the worst weather conditions, our reliable natural gas system delivers. As local leaders across the province, your voice matters, and we encourage you to take action. Reach out to your MPP to share your support for the government’s quick action and write the OEB about the consequences of reduced access to the natural gas grid to support economic development, housing growth, energy reliability. Use your voice to acknowledge the need for natural gas and infrastructure in Ontario today and into the future while we take a measured step towards energy transition. We ask that you reach out to your municipal advisor or find us at municipalaffairs@enbridge.com to get started. Sincerely, Michele Harradence President Enbridge Gas Inc. Page 180 of 194 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 26, 2024 CL 2- 2024, January 25, 2024 DISTRIBUTION LIST SENT ELECTRONICALLY Motion Respecting Comprehensive Review and Overhaul of the Emergency Management and Civil Protection Act, 1990 Regional Council, at its meeting held on January 25, 2024, passed the following motion: WHEREAS the Emergency Management and Civil Protection Act, 1990, and its regulations were established to provide a framework for managing emergencies and civil protection in Ontario and has remained largely unchanged for nearly 20 years; WHEREAS municipalities across the Province of Ontario are encountering a range of emerging situations that are diverse and increasingly complex that were not adequately envisioned when the Act was drafted; WHEREAS the evolving nature of emergencies, including but not limited to pandemics, cyber threats, climate-related events, mental health crises, and homelessness, requires a modernized and comprehensive legislative framework to empower municipalities to effectively respond and protect their communities; WHEREAS the review should include the Province reinforcing the spheres of jurisdiction under the Municipal Act, 2001, to ensure declarations of emergencies are made in accordance with municipal powers established under the Municipal Act, 2001; and WHEREAS a thorough review and overhaul of the Act and its regulations will enhance the capacity of municipalities to prevent, mitigate, prepare, respond and recover from various unforeseen and emergent circumstances. NOW THEREFORE BE IT RESOLVED: 1. That Regional Council URGES the Province of Ontario to engage in a consultative process with municipalities, emergency management professionals, and relevant stakeholders to gather input and insights for the development of updated legislation that reflects the current needs and realities of local communities; Page 181 of 194 Page 2 2. That the Regional Chair BE DIRECTED to send a letter requesting the Provincial Government to undertake a comprehensive review and overhaul of the Emergency Management and Civil Protection Act, 1990, and its regulations to better align with the current and future needs of municipalities in addressing emergent and evolving situations; and 3. That a copy of this resolution BE CIRCULATED to the Premier of Ontario, the Minister of Municipal Affairs and Housing, Treasury Board Secretariat, Minister of Small Business and Red Tape Reduction, Niagara’s MPs and MPPs, the Association of Municipalities of Ontario, the Federation of Canadian Municipalities and the local area municipalities. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2024-07 Distribution List: Premier of Ontario Minister of Municipal Affairs and Housing Treasury Board Secretariat Minister of Red Tape Reduction Associate Minister of Small Business Local Members of Parliament Local Members of Provincial Parliament Association of Municipalities of Ontario The Federation of Canadian Municipalities Local Area Municipalities Page 182 of 194 Resolution Regular Council Meeting Agenda Number:6.7 Resolution Number:2024-009 Title:Association of Municipalities of Ontario (AMO) Policy Update - Social and Economic Prosperity Review Date:Wednesday, January 24, 2024 Moved by Mario Zanth Seconded by Geneviève Lajoie Whereas current provincial-municipal fiscal arrangements are undermining Ontario’s economic prosperity and quality of life; And whereas nearly a third of municipal spending in Ontario is for services in areas of provincial responsibility, and expenditures are outpacing provincial contributions by nearly $4 billion a year; And whereas municipal revenues, such as property taxes, do not grow with the economy or inflation; And whereas unprecedented population and housing growth will require significant investments in municipal infrastructure; And whereas municipalities are being asked to take on complex health and social challenges, like homelessness, supporting asylum seekers, and addressing the mental health and addictions crises; And whereas inflation, rising interest rates, and provincial policy decisions are sharply constraining municipal fiscal capacity; And whereas property taxpayers, including people on fixed incomes and small businesses, cannot afford to subsidize income re-distribution programs for those most in need; And whereas the province can, and should, invest more in the prosperity of communities; And whereas municipalities and the provincial government have a strong history of collaboration. Be it resolved that the Province of Ontario commit to undertaking with the Association of Municipalities of Ontario a comprehensive social and economic prosperity review to promote the stability and sustainability of municipal finances across Ontario. Be it further resolved that a copy of this Resolution be circulated to all the municipalities in Ontario. Carried as amended Mélissa Cadieux, Clerk Page 183 of 194 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 #01-28-2024-01 Wednesday, January 31, 2024 Notice of Intention The Niagara Falls University Council and Residents of Niagara Falls, It has come to my attention that the Niagara Falls University may not be providing the proper support to their incoming students. I will be forwarding a letter of concern to the Authorities Having Jurisdiction over aspects of the operations of the Niagara Falls University. This notice is to provide you an opportunity to provide any relevant information before the report is distributed. Page 184 of 194 2 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 185 of 194 CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7 Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca February 2, 2024 Larry Brock, MP Brant 108 St. George Street, Suite #3 Brantford, ON N3R 1V6 Sent via email: larry.brock@parl.gc.ca Will Bouma, MPP 96 Nelson Street Suite 101 Brantford, ON N3T 2X1 Sent via email: will.bouma@pc.ola.org To whom it may concern: Please be advised that Brantford City Council at its meeting held January 30, 2024 adopted the following: 12.1.10 Reliable and Accessible Public Rail Transit - CN Rail WHEREAS Canadians deserve access to reliable and efficient passenger rail service; and WHEREAS in 2021 the Canadian Minister of Transportation announced that the federal government would be pursuing opportunities to enhance passenger rail services in southwestern Ontario; and WHEREAS passengers continue to experience long delays and disruptions to service, related to interruptions caused by CN Rail’s freight systems and refusal to give priority to passenger rail service; and WHEREAS Metrolinx and VIA, in extending or improving commuter train service from Aldershot through to Brantford, Woodstock, Ingersoll and London, is reliant on access to CN rail lines; and WHEREAS CN Rail views increased passenger rail service on its lines as being incompatible with its primary business of moving freight and is unlikely to cooperate in extending commuter rail service on its lines in southwestern Ontario without direction from the federal government; and WHEREAS CN Rail has shown a disregard for Municipal property maintenance standards in respect to the maintenance of their rail lines and blocks municipalities attempts to enforce municipal property standards upon their rail lines; and Page 186 of 194 2 CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7 Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca WHEREAS CN Rail’s consistent failure to provide a timely response to development applications adjacent to rail right of ways imposes inordinate delays and expense for builders and municipalities, further jeopardizing the ability of municipalities to address the housing crisis; and WHEREAS there is a complete lack of federal regulations providing VIA and Metrolinx with any degree of priority or guaranteed access to rail rights of way or directing CN Rail to work cooperatively with municipalities; AND WHEREAS The City of Brantford CALLS UPON the Federal Government to assist other levels of government as they take steps address the need for reliable and accessible public rail transit, timely processing of housing developments and the prompt and equitable enforcement of municipal property standards; NOW THEREFORE THE COUNCIL OF THE CITY OF BRANTFORD requests that the Federal Government enact the necessary legislative and regulatory provisions: i. providing VIA and Metrolinx with priority right of way over freight rail lines, and further; ii. directing CN Rail to work positively and cooperatively with municipal and provincial governments in the processing of land development applications, and the prompt and timely enforcement of municipal property standards; AND THAT a copy of this resolution be forwarded to all Ontario Municipalities; and to the Member of Provincial Parliament Will Bouma, Member of Parliament Larry Brock, Federal Minister of Transport Pablo Rodriguez, Provincial Minister of Transportation Prabmeet Singh Sarkaria, President and CEO at Metrolinx, President and Chief Executive Officer of VIA Rail Canada Inc and President and Chief Executive Officer of CN. I trust this information is of assistance. Yours truly, Chris Gauthier City Clerk, cgauthier@brantford.ca cc Ontario Municipalities Federal Minister of Transport, Pablo Rodriguez Provincial Minister of Transportation, Prabmeet Singh Sarkaria President & CEO, Metrolinx Page 187 of 194 3 CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7 Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca President & CEO, VIA Rail Canada Inc President & CEO, CN Page 188 of 194 CITY OF NIAGARA FALLS By-law No. 2024 – 017 A by-law to appoint an auditor. WHEREAS subsection 296(1) of the Municipal Act, 2001 provides that every municipality shall appoint an auditor licensed under the Public Accountancy Act; AND WHEREAS subsection 296(3) of the Municipal Act, 2001 provides that an auditor of the municipality shall not be appointed for a term exceeding five years; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. KPMG LLP is hereby appointed auditor for the Corporation of the City Of Niagara Falls for the period up to and including December 31, 2025. Passed this 6th day of February, 2024. ........................................................ ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 6, 2024 Second Reading: February 6, 2024 Third Reading: February 6, 2024 Page 189 of 194 CITY OF NIAGARA FALLS By-law No. 2024 - 018 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedules “A”, “B”, “C”, “D1”, and “J”; and that Schedules “A”, “B”, “C”, “D1” and “J” attached hereto shall be inserted in lieu thereof. 2. By-law No. 2002-081 is amended by permanently deleting Schedule D6. 2. That by-law 2023-091 be hereby repealed. Read a first, second, third time and passed. Signed and sealed in open Council on this 6TH day of February, 2024. ............................................................... ........................................................... WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 190 of 194 SCHEDULE “A” 1. Chief Building Official: Luciano Chieca 2. Deputy Chief Building Official: Kira Dolch 3. Inspectors: Jehad Ochana Fred Sacco Sandro Elia Effat Effat Jesse Mancino Tyler Esau Cesar Ramires Frank Genovese Kathy Repergel Louie Baldinelli Chan Chen Kelvin Jacobi Tamer Mikhail Nicholas Andres Jo Zambito Ben Trendle Frank Devereaux Kellie Kubik Doug Collee Ron Massolin Ken Henry Kadri Lambert Meghan Edgar Karen Borne Doug Evans 4. Municipal Enforcement Officers: Gerald F. Spencer Mike Formica Brian Sparks Heather Stones Patrick Vernon Jana Mills Jonathan Cook Lee Halliday Page 191 of 194 SCHEDULE “B” 1. Municipal By-law Enforcement Officers: Salman Alihbhai Paul Brown Hope Ciszek Jonathan Cook Mike Formica John Grubich Lee Halliday Eric Marr Jana Mills Philip Rudachuk Bart Skiba Brian Sparks Gerald Spencer Heather Stones Patrick Vernon Deryck Burke SCHEDULE “C” 1. Parking By-law Enforcement Officers: Florina Andrei Paul Brown Amanda Diprose Stew Frerotte John Garvie Douglas Goodings Jay Modi Liam Raymond Philip Rudachuk Page 192 of 194 SCHEDULE “D1” CANADA ONE OUTLET MALL 1. Parking By-law Enforcement Officers on private property: Chris Burian Steven Cober Kinjalk Jain Arjunjit Kaloya Harmandeep Kaur Jesse Mallabar William McMillan Gagan Singh Pushmeet Singh Sandeep Singh Jeonghwa Son Alexandria Trelford SCHEDULE “J” 1. Appointment of Screening Officers, as referred to in By-law 2014-65 Individuals have the right to dispute a Penalty Notice, regarding parking fines, by requesting a Screening Review meeting overseen by a Screening Officer who has the authority to uphold, cancel or reduce the penalty. The holder of the Penalty Notice has up to 15 days after the Screening Officer’s decision to appeal the outcome of the Screening Review meeting and proceed to a Hearing Review meeting 2. Now therefore the Council for the City of Niagara Falls hereby appoints: Melissa Terry Paul Brown Julie Ellis Liberty Young Jacqueline Morningstar Page 193 of 194 CITY OF NIAGARA FALLS By-law No. 2024 - 019 A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 6th of February, 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 6th day of February 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 6th day of February, 2024. .............................................................. ............................................................. BILL MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 194 of 194