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04-09-2024 AGENDA City Council Meeting 4:00 PM - Tuesday, April 9, 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: Andy Colonico (performing live in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 2. ADOPTION OF MINUTES 2.1. Council Minutes of March 19, 2024 City Council - 19 Mar 2024 - Minutes - Pdf 14 - 33 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. APPOINTMENTS / DEPUTATIONS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 5.1. Rotary District Conference The District Governor Elect for Rotary (Rotary Club of Welland), David Alexander, is requesting to speak before Council regarding an upcoming Rotary District Conference on Saturday, October 26, 2024. (This brings together Rotarians from upstate New York and parts of South West Ontario. The topic is volunteering and the aim is to bring together all the leading community organizations to discuss trends, issues, needs, and opportunities. We are looking for a venue and buy-in by partners. Main need right now: 34 - 38 Page 1 of 292 arranging and securing a venue). Volunteer Sector Conference and Meet Up - Concept, 32524 Email from David Alexander - Rotary District Conference - October 2024 5.2. Niagara Fiesta Extravaganza The 3rd Niagara Fiesta Extravaganza, organized by the Filipino community in Niagara will be held on Saturday, August 3rd and Sunday, August 4th, 2024 at Firemen's Park. The organizer and Chairperson of Community Affairs, Eileen Tinio-Hind, along with Valerio "Maki" Makinana, Founder and President and Rizza Gatbonton wish to make a presentation to Council inviting Council and the community to attend this event. There are 6 Fiesta Extravaganza events in selected cities in Canada. Highlights include: Musicial Extravaganza, cultural presentations, food expo, exhibits, games and community spotlight. The organizers of the event are requesting the following: Extend the invitation to attend the Niagara Fiesta Extravaganza to all City Council members and request for support in the promotion of the festival through social media and the City's website. Request an exemption to the City's Noise-By-law to all for the playing of music until 10:30 PM at Firemen's Park on Saturday, August 3rd, 2024 and Sunday, August 4, 2024. 5.3. MIST Music Festival - 75th Anniversary Celebration of Filipino Canadian Friendship (Presentation has been cancelled) The event organizer of the upcoming MIST Music Festival is looking to promote the event at an upcoming Council meeting. The festival is taking place on Saturday, May 18, 2024 at the Niagara Falls Convention Centre. This event serves as the kickoff for the 75th year anniversary celebration of Filipino Canadian Friendship. This festival promises to be a spectacular event that will bring together members of our community in a celebration of culture, friendship, and unity. Noise By-law Extension Request: The event organizers are also looking to request an exemption to the City's Noise-By-law for the playing of music until 1:00 AM at Page 2 of 292 the Niagara Falls Convention Centre (indoor event) on Saturday, May 18, 2024. 5.4. Family and Children's Services Niagara (FACS) - Mountainview LemonAID Day Jayden Polgrabia, along with FACS Niagara Foundation Board President Caroline Polgrabia, is requesting to present before Council to speak on the upcoming Mountainview LemonAID Day to be held on Saturday, June 8, 2024. Presentation - 2024 LemonAID Presentation for Council 39 - 50 5.5. Summer Street Shelter Residents concerned with safety issues around the Summer Street Shelter, wish to address Council. Amanda Jellema, resident, will address Council on behalf of the residents and businesses in the Main Street, Lowell Avenue and Summer Street area. 6. IN CAMERA SESSION OF COUNCIL 6.1. In-Camera Resolution April 9, 2024 - Resolution to go In-Camera 51 7. REPORTS 7.1. L-2024-04 Restriction of Certain Forms of Participation and Engagement in Council Meetings Our File No.: 2024-64 L-2024-04 - Pdf 52 - 55 7.2. MW-2024-16 Audio Trails Wayfinding Proposal for Millennium Trail MW-2024-16 - Pdf 56 - 67 7.3. PBD-2024-11 Proclaimed Changes to the Conservation Authorities Act and New O. Reg. 41/24 PBD-2024-11 - Pdf 68 - 72 7.4. PBD-2024-13 73 - 78 Page 3 of 292 Housing Accelerator Fund Application Update PBD-2024-13 - Pdf 7.5. PBD-2024-14 Financial Assistance request for a 100-112 unit affordable housing project on 8055 McLeod Road PBD-2024-14 - Pdf 79 - 84 7.6. R&C-2024-03 Anti-Racism Committee New Committee Member R&C-2024-03 - Pdf 85 - 89 7.7. F-2024-14 (Report and comments added) 2024 Development Charge Update F-2024-14 - 2024 Development Charge Update - Pdf DC Report - Comments from resident 90 - 98 7.8. PBD-2024-12 (Report added) 2023 Housing & Growth Monitoring Report - Year in Review PBD-2024-12 - Pdf 99 - 126 8. 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. 8.1. CLK-2024-02 Request to Review Applications for Mayor's Accessibility Advisory Committee CLK-2024-02 - Pdf 127 - 128 8.2. F-2024-15 129 - 130 Page 4 of 292 Final Tax Notice Due Dates F-2024-15 Final Tax Notice Due Dates - Pdf 8.3. F-2024-16 2024 Property Tax Rates F-2024-16 2024 Property Tax Rates - Pdf 131 - 137 8.4. R&C-2024-04 2023 Annual Update from the Culture Section R&C-2024-04 - Pdf 138 - 156 9. 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 #9.1 through to and including Item #9.9. 9.1. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following: 1. Niagara Region Motion respecting Federal Infrastructure Investment Recommendation: For the Approval/Support of Council. CLK-C 2024-030 Motion - Federal Infrastructure Investment 157 - 158 9.2. Proclamation Request - Canadian Viral Hepatitis Elimination Day The Hepatitis C Care Clinic is requesting Niagara Falls Council to proclaim Thursday, May 9, 2024 as Canadian Viral Hepatitis Elimination Day. 159 - 161 Page 5 of 292 Recommendation: For the Approval of Council. Canadian Viral Hepatitis Elimination Day Proclamation Request - Canadian Viral Hepatitis Elimination Day Proclamation - Bilingual (Niagara Falls - 2024) 9.3. Proclamation and Flag-Lowering Request - National Day of Mourning The Niagara Regional Labour Council will observe the National Day of Mourning to remember those who have suffered injury and/or died on the job. As we remember those who have died in workplace catastrophes, those who have been exposed to toxic substances and those who have been injured due to dangerous work conditions, we rededicate ourselves to fight for safe workplaces. Therefore, as we approach April 28th, the Niagara Regional Council are requesting that the City Council consider and issue a Proclamation with respect to the “National Day of Mourning” and that flags be flown at half-mast at City Hall on Sunday, April 28th, 2024. Recommendation: For the Approval of Council. Proclamation Request - Niagara Falls Day of Mourning 2019 Day of Mourning - April28 162 - 164 9.4. Proclamation Request - Moose Hide Campaign Day The Moose Hide Campaign is a grassroots organization that is indigenous-led hoping to raise awareness around issues of reconciliation and violence against women and girls. The organization is looking for Council to proclaim Thursday, May 16, 2024 as Moose Hide Campaign Day. Recommendation: For the Approval of Council. Proclamation Request - Moose Hide Campaign Day 165 - 167 9.5. Flag-Raising Request - Dig Safe Month April is "Dig Safe" month. Looking to increase public awareness, informing those that dig, to make sure they call for locates first, prior to excavating and the rules of working around buried utility lines. 168 - 169 Page 6 of 292 Recommendation: For the Approval of Council. Flag-Raising Request - Dig Safe Month 9.6. Proclamation and Flag-Raising Request - Shriners Week The Niagara Shrine Club requests a proclamation declaring the week of June 3, 2024 - June 9, 2024 as "Shriners Week" and a flag raising ceremony on Thursday, June 6, 2024 at City Hall. Recommendation: For the Approval of Council. Proclamation Request - Shriners Week 170 9.7. Proclamation and Flag-Raising Request - Haitian Day The attached correspondence is a request for Council to proclaim Saturday, May 18, 2024 as "Haitian Day" in the City of Niagara Falls and to raise the Haitian flag and illuminate the Niagara Falls with the colours of Haiti (red and blue). Recommendation: For the Approval of Council. Proclamation & Flag-Raising Request - Haitian Day AHC-AMB- 081-2024 171 9.8. Proclamation Request - Menstrual Health Day On behalf of The Period Purse (TPP), this registered charity is requesting Niagara Falls' Council proclaim Tuesday, May 28, 2024 as Menstrual Health Day. Recommendation: For the Approval of Council. Proclamation Request - Menstrual Health Day 172 - 174 9.9. Proclamation and Flag-Raising Request - Sikh Heritage Month The Sikh community of Niagara Falls requests Niagara Falls Council to proclaim the month of April as "Sikh Heritage Month" and to arrange for a flag-raising ceremony during the month of April as a symbol of solidarity and respect towards the Sikh community. Recommendation: For the Approval of Council. Proclamation and Flag-Raising Request - Sikh Heritage Month 175 - 176 Page 7 of 292 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive and file for information Item #10.1 through to and including Item #10.6. 10.1. Niagara Falls Public Library - 2024 (Revised) Operating Budget Attached is the Niagara Falls Public Library's 2024 revised Operating Budget for Council's information. Recommendation: For the Information of Council. Operating Budget for Council 177 - 178 10.2. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following: 1. Niagara Region Report PDS 7-2024 respecting Regional Archaeological Management Plan. 2. Niagara Region Report CSD 7-2024 2024 Property Tax Policy, Ratios and Rates. 3. Niagara Region Report CSC-C 4-2024 Motion - New Funding Model Resolution Recommendation: For the Information of Council. CLK-C 2024-025 PDS 7-2024 Regional Archaeological Management Plan CLK-C 2024-028 CSD 7-2024 - 2024 Property Tax Policy, Ratio and Rates CLK-C 2024-029 CSC-C 4-2024 - Motion - New Funding Model Resolution 179 - 225 10.3. Correspondence from Enbridge Gas Inc. (presentation and comments from resident added) Attached is and email from Enbridge Gas Inc., providing Council with information regarding securing the future of natural gas in Ontario. Mark Freeman, citizen of Niagara Region, requests to speak before Council. Recommendation: For the Information of Council. 226 - 247 Page 8 of 292 Email from Enbridge Gas Inc. Bill 165 Committee Hearing Key Messages Rebasing and natural gas fact sheet Rebuttal to Enbridge Claims for NF CC NF City Council Presentation 10.4. Resolution - Town of Pelham - Bill 165 and support of OEB Decision to end gas pipeline study Attached is correspondence relating to a Resolution passed by the Council of the Town of Pelham during the March 27, 2024 Council Meeting, pertaining to the OEB Decision to end gas pipeline study. Recommendation: For the Information of Council. Resolution - Town of Pelham - Follow-up Premier-Resolution-Bill 165 and Decision of Ontario Energy Board to end gas pipeline study 248 - 249 10.5. Resolution - City of Brantford - Home Heating Sustainability Attached is the decision of Brantford City Council from its meeting held on March 26, 2024 regarding Home Heating Sustainability. Recommendation: For the Information of Council. Home Heating Sustainability Letter 250 - 252 10.6. Resolution - Niagara Peninsula Conservation Authority (NPCA) Attached correspondence pertains to Board direction, regarding New Conservation Authorities Act Legislative and Regulatory Requirements - NPCA Housekeeping Policy Amendments and Transition Plan. Recommendation: For the Information of Council. Resolution - NPCA - FA-19-24 Correspondence - April 4 2024 253 - 268 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Noise By-law Extension Request - Chippawa Slo-Pitch Tournament and Street Dance - 2024 269 - 270 Page 9 of 292 On June 29, 2024 the Chippawa Volunteer Firefighters Association (CVFA) will be hosting the annual SPN Slo-Pitch Tournament and Street Dance, "Streets on Fire." The event will be held at the Chippawa Lions Park. The CVFA is requesting Council to approve an extension of the Noise By-law to 11:30 PM for this event on Saturday, June 29, 2024. Bands are scheduled to start playing at 1:00 PM. Recommendation: THAT Council APPROVE the request to extend the noise by-law to 11:30 PM for the Annual SPN Slo- Pitch Tournament and Street Dance to be held on Saturday, June 29th, 2024 at the Chippawa Lions Park. Noise by-law extension request - Chippawa Volunteer Firefighters Association - Annual Street Dance - June 29, 2024 Map Lions Park 11.2. Noise By-law Extension Request - St. George & St. Archangel Michael Church Grounds - Serbian Picnic Grounds The St. George & St. Archangel Michael Church is requesting Council to approve the following noise by-law extensions: 1) Folklore Concert - Saturday, June 8, 2024 - until midnight. 2) Serbian Day - June 21, 22 & 23, 2024 - until midnight. 3) Knezevic, Srdjan Engagement Party - Saturday, August 31, 2024 - until midnight. 4) Bijelic Wedding - Saturday, September 7, 2024 - until midnight. 5) Bowling Tournament - October 11, 12 & 13, 2024 - until midnight. Recommendation: THAT Council APPROVE the request to extend the noise by-law for the following dates and times at the Serbian Picnic grounds: 1) Folklore Concert - Saturday, June 8, 2024 - until midnight. 2) Serbian Day - June 21, 22 & 23, 2024 - until midnight. 3) Knezevic, Srdjan Engagement Party - Saturday, August 31, 2024 - until midnight. 4) Bijelic Wedding - Saturday, September 7, 2024 - until midnight. 5) Bowling Tournament - October 11, 12 & 13, 2024 - until midnight. 271 - 272 Page 10 of 292 Noise by-law extension request - Serbian picnic grounds 11.3. Noise By-law Extension Request - Silverline Group Inc Silverline Group Inc., is planning to complete a storm, sanitary and watermain connection across/through McLeod Road. These services will connect into the Livwell site of 7219 Sharon Avenue. As such, Silverline Group Inc., are requesting an allowance of nightwork, with an exemption of the noise by-law. The work will take place between the hours of 6:00 PM to 6:00 AM beginning on April 15th, 2024 for 3 nights. Recommendation: THAT Council APPROVE the request to extend the noise by-law to allow for construction work to be completed from Silverline Group Inc. across/through McLeod Road, beginning April 15th, 2024 for 3 nights. Noise By-law Exemption - Silverline Group - Signed Letter to Council 273 11.4. Memo from City Clerk - Noise By-law Exemptions Attached is a memo from the City Clerk proposing minor amendments to the City's Noise By-law. Recommendation: THAT Council DIRECT staff to prepare the necessary amendments to the City’s Noise By-law to allow for some delegated authority to allow staff to approve necessary exemptions. Clerk's Memo - Noise By-law Exemptions Noise by-law 2024 274 - 284 11.5. Correspondence from resident to Mayor and Council - Go Train station Attached is correspondence from a local resident expressing his concerns about the Niagara Falls Go Train station. Recommendation: To be Referred to Staff. Letter to Council - Niagara Falls GO Train station 285 - 286 12. RATIFICATION OF IN-CAMERA 13. 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. Page 11 of 292 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. 14. MOTIONS 14.1. Municipal Accommodation Tax (MAT) - At the Council meeting of March 19, 2024, Councillor Tony Baldinelli brought forth the following motion: Motion: THAT Staff bring an update on current practices and a report to explain our options for the Municipal Accommodation Tax and its best practices. 14.2. Review of Housing Strategy - At the Council meeting of March 19, 2024, Councillor Lori Lococo brought forth the following motion: Motion: THAT Council review the Housing Strategy for the education, information and discussion of Council. 14.3. Integrity Commissioner Report - At the Council meeting of March 19, 2024, Councillor Lori Lococo brought forth the following motion: Motion: THAT Staff prepare a report on Integrity Commissioner complaints from other cities in the Region, and to include the number of complaints, costs of complaints and filing fees. 14.4. Procedural By-law - At the Council meeting of March 19, 2024, Councillor Mike Strange brought forth the following motion: Motion: THAT Staff be directed to look for efficiencies in running the Council meetings via updates to the Procedural By-law. 14.5. Cummington Square Parking - At the Council meeting of March 19, 2024, Councillor Ruth-Ann Nieuwesteeg brought forth the following motion: Motion: THAT Staff be directed to remove paid parking at Cummington Square to better serve the residents of this area. 15. BY-LAWS Page 12 of 292 The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2024- 040. A by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2024. By-law 2024-040 - 2024 Levy Bylaw 4.9.24 287 - 291 2024- 041. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 9th day of April, 2024. By-law 2024-041 - 04 09 24 Confirming By-law 292 16. ADJOURNMENT Page 13 of 292 MINUTES City Council Meeting 4:00 PM - Tuesday, March 19, 2024 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, March 19, 2024, at 4:20 PM, in the Council Chambers, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne Campbell, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor Mona Patel, Councillor Mike Strange, Councillor Wayne Thomson COUNCIL ABSENT: Councillor Victor Pietrangelo STAFF PRESENT: Jason Burgess, Bill Matson, Nidhi Punyarthi, Chief Jo Zambito, Erik Nickel, Tiffany Clark, Kathy Moldenhauer, Shelley Darlington, Kira Dolch, Heather Ruzylo, Margaret Corbett (attending in Chambers) Trent Dark (attending via Zoom) 1. CALL TO ORDER The meeting was called to order at 4:20 PM. 2. IN CAMERA SESSION OF COUNCIL 2.1. In-Camera Resolution (March 19, 2024) Moved by Councillor Wayne Thomson Seconded by Councillor Lori Lococo THAT Council enter into an In-Camera session on March 19, 2024. Carried Unanimously (Councillor Campbell was absent from vote). 2.2. In-Camera Resolution (May 14, 2024 - second item added) Moved by Councillor Wayne Thomson Seconded by Councillor Lori Lococo THAT Council enter into an In-Camera session on May 14, 2024. Carried Unanimously (Councillor Campbell was absent from the vote). 3. ADOPTION OF MINUTES Open Council meeting resumed after In-camera meeting - at 6:03 PM. 3.1. Council Minutes of February 27, 2024 Page 1 of 20 Page 14 of 292 Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT Council approve the minutes of the February 27, 2024 meeting as presented. Carried Unanimously 3.2. Council Minutes of March 5, 2024 Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT Council approve the minutes of the March 5, 2024 meeting as presented. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST None to report. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following:  Jakob "Jack" Antolich, father of Captain March Antolich, from Fire Services.  Nonie LeBlance, one of our City's school crossing guards.  Marilyn McFadden, retired City employee from our Finance Department.  Robert West, father of Sam West from our Fire Services.  Bobby Pysher, long time volunteer with the GNBA.  Janet Jessop, member of the Mayor's Accessibility Committee. Mayor Diodati mentioned the following City events: Community Diversity, Equity and Inclusion Workshop [photo shown]  Also attended by Councillors Baldinelli, Strange, Nieuwesteeg, Lococo and Patel  Third Space Fundraiser [photo shown]  Also attended by Councillor Patel Brunch, Bid and Bowl for Birchway [photo shown]  Also attended by Councillors Strange, Patel, Baldinelli, Nieuwesteeg and Lococo Councillor Representation - none none Business Happenings [photos for each]  Gravity Fresh Fruity Bubble Tea Page 2 of 20 Page 15 of 292 o Councillors Patel and Thomson  Grand Opening of Rolly and Bubbly o Also attended by Councillors Nieuwesteeg, Patel, Baldinelli, Strange o Also thank you for the dontation of bubble tea for Council and staff Also thank you for kind donation:  Commisso’s – zeppole’s for St. Joseph’s Day/ Father’s Day (Italy) Flag Raisings:  National Day of Bulgaria o Also attended by Councillor Nieuwesteeg COMING UP: Solar Eclipse Events  Free Glorious Sons Concert with guests, New Friends, The Boneheads and Niagara Symphony Orchestra  Educational programming throughout the City and at Niagara Parks  Guinness Book of World Record attempt – sun costumes  Bring glasses and everything you need Nick Alfanso’s Festival of Music – per Councillor Pietrangelo  Friday, April 5th at John Michael’s Banquet Hall, 6PM  $20 per ticket or $300 per table of 10  Featuring Avenue Inn with Frank Pietrangelo, Meave and the Mystics, Real Kevin, Ghost Pepper and DJ Morris Villella Easter Egg Hunts:  Firemen’s Park Easter Egg Hunt o Friday, March 29th – 11AM- 1PM o Non-perishable food item for Project SHARE o Shuttle service to and from Club Italia parking lot  Niagara Falls Soccer Club Easter Egg Hunt Extravaganza o Saturday, March 30th – various times for different ages o Non-perishable food item for Project SHARE o Mitchelson Park Niagara Riverhawks Playoff Challenge  Accepted a friendly challenge o from Grimsby Council Member, Jacob [Ber-AD-zee]  Niagara Riverhawks and Grimsby Peach Kings face off o In the semi-final playoff round o If Riverhawks aren’t successful, I agreed to wear the Peach Kings jersey to our next City Council meeting  Grimsby currently leads 3-0 in the 7-game series  Game 4 is tomorrow night Page 3 of 20 Page 16 of 292 o at the Gale Centre, with a 730PM puck drop! b) The next Council meeting is scheduled for Tuesday, April 9, 2024. 6. APPOINTMENT/ PRESENTATIONS 6.1. Appointment - Brian Medigee, Resident of Niagara Falls Brian Medigee, resident of Niagara Falls, requested to speak before Council on the following matters, however, he did not attend meeting.  Homelessness  Crime  Jobs (Tourism vs. Industry)  Accountability vs. deflection 6.2. Niagara Parks Commission Niagara Parks Commission CEO, David Adames and Chair, April Jeffs, provided a presentation regarding Niagara Parks' updates, initiatives and projects for Council's information. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Tony Baldinelli THAT Council receive for information the presentation made by David Adames (CEO) and April Jeffs (Chair) from the Niagara Parks Commission. Carried Unanimously 7. PLANNING MATTERS 7.1. PBD-2024-04 AM-2023-027 Zoning By-law Amendment Application Southwest corner of Mountain Road and St. Paul Avenue Applicant: Mountainview DAC Inc. (Matt Vartanian) Agent: Upper Canada Consultants (William Heikoop) The Public meeting commenced at 6:43 PM. Alexa Cooper, Planner 2, provided an overview of Report PBD-2024-04. William Heikoop, Planning Manager from Upper Canada Consultants, agent for application, provided a presentation in support of the application. The Public meeting closed at 7:23 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Lori Lococo 1. THAT Council approve the Zoning By-law amendment as detailed in this Page 4 of 20 Page 17 of 292 report for a 5 storey apartment building with 71 dwelling units, subject to the regulations and recommendations outlined in this report; and, 2. THAT the amending zoning by-law include a sunset clause to require the execution of a site plan agreement on title within 3 years of the passing of the zoning by-law. 3. THAT Council adopt proposed By-law No. 2024-027 on tonight's agenda to facilitate the proposal. Carried Unanimously 7.2. PBD-2024-06 AM-2022-020 Zoning By-law Amendment Lot 186 and 7640 Kalar Road Applicant: 12778611 Canada Inc. (Sherard McQueen) Agent: NPG Planning Solutions (Jesse Auspitz) The Public meeting commenced at 7:24 PM. Alexa Cooper, Planner 2, provided an overview of Report PBD-2024-06. Rocky Vacca, Solicitor from Sullivan Mahoney, and Jesse Auspitz and Max Fedchyshak, acting as agents from NPG Planning Solutions, provided a presentation supporting the application. Mr. Vacca stated that 73 units would be designated as affordable housing. The Public meeting was closed at 7:40 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Lori Lococo 1. THAT Council approve the Zoning By-law amendment to rezone the property to a site specific Residential Apartment 5C (R5C) and Environmental Protection Area (EPA) zone to redevelop the lands with 84 back-to-back townhouse dwellings and 29 block townhouse dwellings and protect the natural heritage features, subject to the regulations outlined in this report; and, 2. THAT the amending zoning by-law include a sunset clause to require the execution of a site plan agreement on title or draft plan approval within 3 years of the passing of the zoning by-law. Carried Unanimously 7.3. PBD-2024-07 AM-2023-026, Zoning By-Law Amendment Application 26CD-11-2023-007, Plan of Vacant Land Condominium 5558 Drummond Road Pt Township Lot 126 Stamford, Part 2 Plan 59R17721; City of Niagara Falls Page 5 of 20 Page 18 of 292 Applicant: Blythwood Homes Inc. (Rob Mills) Agent: Ethan Laman (Upper Canada Consultants) The Public meeting commenced at 7:40 PM. Nick DeBenedetti, Planner 2, provided an overview of Report PBD-2024-07. Ethan Laman, Planner from Upper Canada Consultants and acting as agent, was present to address Councillor questions. The Public meeting closed at 7:54 PM. Moved by Councillor Wayne Campbell Seconded by Councillor Ruth-Ann Nieuwesteeg 1. THAT Council approve the Zoning By-law amendment to rezone the property, a site-specific Residential Low Density, Group Multiple Dwelling (R4) to allow for the development of 12 townhouse dwelling units in 4 blocks with 6 Accessory Dwelling Units subject to the regulations outlined in this report; 2. THAT the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 3. THAT the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 4. THAT draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and, 5. THAT the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. Carried Unanimously 7.4. PBD-2024-08 AM-2021-009, Zoning By-Law Amendment Application 26CD-11-2021-002, Plan of Vacant Land Condominium Montrose Road north of McLeod Road Part of Stamford Township Lots 163 and 170, Part 29, 59R-14189, Part 1, 59R-14189 Applicant: Niagara Property Corp. (Amar Mohamed) Agent: Joseph Plutino (Mainline Planning Services) Page 6 of 20 Page 19 of 292 The Public meeting commenced at 7:54 PM. Nick DeBenedetti, Planner 2, provided an overview of Report PBD-2024-08. John Beam, of 8991 Montrose Road, addressed Council citing traffic concerns but supported the staff recommendations. Joseph Plutino, acting as agent from Mainline Planning Services, addressed Council supporting the application. The Public meeting closed at 8:08 PM. Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson 1. THAT Council approve the Zoning By-law amendment to rezone the property, a site-specific Residential 5C Density (R5C) to allow for the development of 83 townhouse dwelling units in 14 blocks, amending By- law No. 2010-132 and the removal of the Holding provision on this parcel subject to the regulations outlined in this report; 2. THAT Council approve the Zoning By-law that is on tonight’s agenda. 3. THAT the Plan of Vacant Land Condominium be draft approved subject to the conditions in Appendix A; 4. THAT the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 5. THAT draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council; and, 6. THAT the Mayor and City Clerk be authorized to execute the Condominium Agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor. Carried Unanimously 7.5. PBD-2024-09 AM-2023-019 Zoning By-law Amendment 26CD-11-2023-002 Draft Plan of Vacant Land Condominium Montrose Rd, north of McLeod Rd, across from Kinsmen Crt Page 7 of 20 Page 20 of 292 Applicant: Gemini Corporation (John Georgakakos) Agent: Arcadis (Carmela Agro) The Public meeting commenced at 8:12 PM. Matt Kernahan, Development Consultant, provided an overview of Report PBD-2024-09. Carmela Agro, Project Manager, Arcadis, and acting as agent, was present to answer any Councillor questions. The Public meeting closed at 8:21 PM. Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson 1. THAT the application to amend the Zoning By-law be approved, subject to the regulations outlined in this report. 2. THAT the Plan of Vacant Land Condominium be draft approved, subject to the conditions contained in Appendix A; 3. THAT the Mayor or designate be authorized to sign the Draft Plan of Vacant Land Condominium as "approved" 20 days after Notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 4. THAT Draft Plan approval be given for three years, after which approval will lapse unless an extension is requested by the Owner/Developer and granted by Council; and; 5. THAT the Mayor and City Clerk be authorized to execute the Condominium Agreement(s) and any required documents to allow for the future registration of the Condominium(s), including easements granted over City land, when all matters are addressed to the satisfaction of the City Solicitor. Carried Unanimously 8. REPORTS At 8:22 PM, the Clerk suggested that Council move to Item #8.8 (PBD-2024-10) to accommodate those present to speak to the matter. 8.1. CLK-2024-01 Fee Waiver Applications - March 2024 Submissions Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg 1.THAT Council approve, approve in part or deny the Fee Waiver applications received for the March 19, 2024 submission date, listed as follows: Page 8 of 20 Page 21 of 292 a. Wally Friesman & Knights of Columbus - Wally's Chippawa Cruise Night in the amount of $2,750 plus HST for the waiving of the costs associated with the use of the Chippawa Lions Park - parking lot.(half days x 22 days). b. OLMC YMCA Childcare Centre - YMCA Stronger Together - in the amount of $301.76 plus HST for the waiving of 1 hour of ice rental fees and 3 hours use of the Memorial Room at the Gale Centre. c. Niagara Falls Meals on Wheels - Souper Lunch/Fundraising Soup - in the amount of $200 plus HST for the waiving of the costs associated with the room rental at the Gale Centre. d. Chippawa Volunteer Firefighter's Association - Chippawa Volunteer Firefighters Annual Slo- Pitch Tournament - in the amount of $840 plus HST for the waiving of the costs associated with the baseball diamond rental for 6 fields. e. Chippawa Volunteer Firefighter's Association - Chippawa Car Show & Annual Street Dance - in the amount of $250 plus HST for the waiving of the cost of the parking lot for the full day of event. f. Birchway Niagara (Formerly Women's Place of Niagara) - Birchway Niagara Book Riot - in the amount of $9,002.10 plus HST for the use of the dry rink floor space at the Gale Centre for the duration of the event. g. Big Brothers Big Sisters - MacBain Community Centre (Upstairs meeting room) - in the amount of $8,970 plus HST, for the waiving of the fees to rent the upstairs meeting space from April to December. h. Heart Niagara - Cruising on the Q - in the amount of $4,707.06 + HST for the fees associated with the road closure and special event application fee waivers. i. Rotary Club of Niagara Falls Sunrise - Niagara Falls Ribfest - in the amount of $325.00 for the waiving of the license to operate fee. j. Chippawa Volunteer Firefighters Association - SPN Slo Pitch Championships - in the amount of $4,320 plus HST for the waiving of the dry floor fees for the Slo-Pitch National event at the Chippawa Arena. k. Niagara Falls Soccer Club - Niagara Falls Soccer Club 1st Annual Easter Egg Hunt - in the amount of $75.00 plus HST for the waiving of the park rental fee. 2. THAT Council approve, approve in part or deny a refund of fees already paid related to a Fee Waiver application received by Jewish Niagara – Simchas Page 9 of 20 Page 22 of 292 bais Hashoaiva in the amount of $812.96 + HST, for an event held in October 2023. Carried Unanimously 8.2. F-2024-12 Water By-law Update Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli THAT Council APPROVE the following amendments to By-law 2016-108:  Section 20 - Notice and Service of Notice to allow for sending notices through regular Canada Post mail and email.  Schedule “A” to be deleted and replaced with Schedule “A” attached. Carried Unanimously 8.3. F-2024-13 Statement of 2023 Remuneration and Expenses for Members of Council and Commissions Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli For the information of Municipal Council Carried Unanimously 8.4. FIR-2024-01 (Report deferred to a future Council meeting) Single Source Requests - Implementation and Service Management of a Next Generation 911 (NG9-1-1) Solution and Standardization of Portable Radio Equipment 8.5. MW-2024-13 Drinking Water System Summary Report and Overview Moved by Councillor Lori Lococo Seconded by Councillor Wayne Campbell 1. THAT Council receive Report MW-2024-13 regarding the Drinking Water System Summary Report and Overview 2. THAT Council be informed of the new written Commitment and Endorsement document of the Drinking Water Quality Management System (DWQMS) Operational Plan as attached to Report MW-2024- 13. Carried Unanimously Page 10 of 20 Page 23 of 292 8.6. MW-2024-14 Ferry Street Reconstruction Tender Award City Contract No. 2024-495-19 Councillor Wayne Campbell left Chambers at 9:11 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Lori Lococo Councillor Campbell left Chambers at 9:11 PM. 1. THAT Council award Request for Tender 2024-495-19 Ferry Street Reconstruction to the lowest compliant bidder, Provincial Construction (Niagara Falls) Ltd at the bid price of $3,374,971.80 excluding HST; 2. AND THAT Council approve a Single Source procurement with CIMA Canada Inc. in the amount of $224,120.00 excluding HST for contract administration and inspection services for the Ferry Street Reconstruction project in accordance with Section 18 of the City’s Procurement By-Law No. 2021-04; 3. AND THAT Council accept the proposed funding contribution from the Victoria Centre BIA, capped at an upset limit of $300,000.00; 4. AND THAT Council approve a 2024 Capital Budget Amendment for project R119-19 in the amount of $500,000, $200,000 funded by OCIF and $300,000 from the Victoria Centre BIA; 5. AND THAT the Mayor and City Clerk be authorized to execute the necessary contract documents. Carried Unanimously (Councillor Campbell was absent). 8.7. MW-2024-15 Special Event Parking Rates and Fines Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli THAT Staff Report MW-2024-15, Special Event Parking Rates and Fines be received as information; AND THAT Council approve the associated parking related by-law amendments on tonight’s Council agenda and that these amendments be given a first, second, and third reading, and that the Mayor and Clerk be authorized to execute the by-law amendments. AND THAT Council approve and provide delegated authority to the Chief Administrative Officer and/or their designate to modify and approve the parking rates and designating a day as “event” parking as appropriate within the minimum and maximum ranges as recommended in this report. Carried Unanimously (Councillor Campbell was absent). Page 11 of 20 Page 24 of 292 8.8. PBD-2024-10 AM-2022-017, Zoning By-law Amendment Montrose Road, Parts 7 & 8 Proposal: To permit the construction of a detached dwelling Applicant: Kevin Dilts Agent: Mike Sullivan (LandPro Planning Solutions Inc.) This item was brought forward to be addressed prior to #8.1 and began at 8:22 PM. Cara Lampman, Manager of Environmental Planning from the Niagara Region, addressed Council supporting the report. Mike Sullivan, from LandPro and acting as agent for the applicants, addressed Council in an effort to persuade Council to approve the construction of the detached dwelling. Linda Manson, resident of 4732 Cookman Crescent, addressed Council citing zoning and environmental concerns. Moved by Councillor Lori Lococo Seconded by Councillor Wayne Campbell 1. THAT Council RECEIVE Report No. PBD-2024-10 for information purposes. 2. THAT Council RECONSIDER Report No. PBD-2023-41 and recommend refusal of Zoning By-law Amendment application AM-2022- 017. Carried Unanimously 9. CONSENT AGENDA 9.1. MW-2024-11 Contract No. 2024-531-20 Armoury Street Sewer Separation Phase 2 (Victoria Avenue to Lawrence Avenue) - Single Source Request for Engineering Construction Services Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel THAT Council permit a Single Source procurement with Kerry T. Howe Engineering Ltd. for contract administration and inspection services for Contract No. 2024-531-20 Armoury Street Sewer Separation Phase 2 (Victoria Avenue to Lawrence Avenue) in the amount of $121,100 plus applicable taxes in accordance with Section 18 of the City’s Procurement By-Law No. 2021-04. Carried Unanimously (Councillor Campbell was absent from vote). Page 12 of 20 Page 25 of 292 9.2. MW-2024-12 6683 Fallsview Boulevard Licence and Encroachment Agreement Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel 1. THAT 1970102 Ontario Limited, owner of the property known municipally as 6683 Fallsview Boulevard, be permitted through a Licence and Encroachment Agreement in a form satisfactory to the City Solicitor, to: a. continue to encroach into the Dunn Street road allowance at the location of a former loading dock where remnants currently remain; and, b. operate a commercial parking lot on the property for hotel valet uses only, with right-in access only from Fallsview Boulevard. 2. THAT the Mayor and Clerk be authorized to execute the required Licence and Encroachment Agreement. 3. THAT the City Solicitor be authorized to register the Licence and Encroachment Agreement, or notice thereof, on title to the applicable parcels of land in the Land Registry Office at no cost to the City. Carried Unanimously (Councillor Campbell was absent from vote). 9.3. R&C-2024-02 Seniors Advisory Committee Goals and Objectives Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel THAT Council Receive the Seniors Advisory Committee Goals and Objectives report for information. Carried Unanimously (Councillor Campbell was absent from the vote). 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 10.1. Special Occasion Permit Request - 2022 Niagara Falls Rotary Ribfest Jennifer Schoenhals, Co-Chair of the Niagara Falls Rotary Ribfest, is requesting that the City of Niagara Falls declare the "2024 Niagara Falls Rotary Ribfest," on June 15,2024-June 17, 2024 as "municipally significant" and "Community Festival" in order to assist with obtaining a Special Occasion Permit from AGCO. Recommendation: For the Approval of Council. Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg THAT the City of Niagara Falls declare the "2024 Niagara Falls Rotary Ribfest," on June 15,2024-June 17, 2024 as "municipally significant" and "Community Page 13 of 20 Page 26 of 292 Festival" in order to assist with obtaining a Special Occasion Permit from AGCO. Carried Unanimously (Councillor Campbell was absent from vote). 10.2. Resolution - Town of Lincoln - Urgent Need for Increased Funding for Museums and Libraries At its Regular Meeting of Council held on February 26, 2024, the Town of Lincoln passed the following Resolution – RC-2024-23, regarding an Urgent Need for Increased Funding for Museums and Libraries. Recommendation: THAT Council support the Town of Lincoln resolution. Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Niagara Falls' Council support the resolution from the Town of Lincoln regarding an Urgent Need for Increased Funding for Museums and Libraries. Carried Unanimously (Councillor Campbell was absent from vote). 10.3. Flag-Raising Request - Philippines Independence Day Attached is a request for Council to approve a Filipino Flag Raising celebration on Wednesday, June 12, 2024 for Philippines Independence Day and to illuminate the Falls in red/white and blue that same evening. Recommendation: For the Approval of Council. Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council approve a Filipino Flag Raising celebration on Wednesday, June 12, 2024 for Philippines Independence Day and to illuminate the Falls in red/white and blue that same evening. Carried Unanimously (Councillor Campbell was absent from vote). 10.4. Flag-Raising Request - Pride Niagara 2024 - Annual Pride Flag Raising Pride Niagara is requesting that Council approve a Flag-raising ceremony on Monday, June 3, 2024 as part of this year's Pride Niagara Festival, for the month of June. Recommendation: For the Approval of Council. Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council approve a Flag-raising ceremony on Monday, June 3, 2024 as part of this year's Pride Niagara Festival, for the month of June. Carried Unanimously (Councillor Wayne Campbell was absent from vote). 10.5. Proclamation Request - Save Soil Movement Page 14 of 20 Page 27 of 292 Puja Patel, of "A Voice to Save Soil from Canada," is requesting Niagara Falls' Council proclaim March 21, 2024 as "Save Soil Day" in the City of Niagara Falls. Moved by Councillor Mike Strange Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council support/approve Item #10.1 through to and including Item #10.5. Carried Unanimously (Councillor Campbell was absent from vote). 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Niagara Falls Public Library - 2024 (Revised) Capital Budget Attached is the Niagara Falls Public Library's 2024 revised Capital budget for Council's information. Recommendation: For the Information of Council. 11.2. Correspondence from resident - Meaningful ways to honour Kiska's memory in the City As we approach the one-year anniversary of Kiska's passing on March 10th, Robert Jacobson is submitting ideas to consider by way of honouring her memory. Recommendation: For the Information of Council. 11.3. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following: 1. Niagara Region Report PDS 4-2024 - Tree and Forest Canopy Project Recommendation: For the Information of Council. 11.4. Integrity Commissioner Complaint - IC - 23621-0423 Attached is a letter and Final Report from the Integrity Commissioner with regard to the above captioned matter. Recommendation: For the Information of Council. 11.5. Letter from Ontario Ombudsman to Council for the City of Niagara Falls and Memo from Staff Attached is a letter from the Ontario Ombudsman to Niagara Falls City Council. Recommendation: For the Information of Council. Councillor Campbell returned to Chambers at 9:17 PM. Moved by Councillor Tony Baldinelli Seconded by Councillor Mona Patel Page 15 of 20 Page 28 of 292 THAT Council receive Item #11.5 for information. Carried Unanimously 11.6. Niagara Peninsula Conservation Authority - NPCA Annual General Meeting 2024 Attached is correspondence from the Niagara Peninsula Conservation Authority (NPCA) for information and distribution. Recommendation: For the Information of Council. 11.7. Resolution - Town of Cobourg - Proposed Amendment to Subsection 27 (16) of the Ontario Heritage Act (OHA) Attached is a resolution from the Town of Cobourg regarding Correspondence from the Architectural Conservancy Ontario regarding Proposed Amendment to Subsection 27(16) of the Ontario Heritage Act with respect to the removal of listed (non-designated) properties from municipal heritage registers. Recommendation: For the Information of Council. 11.8. Comments from Resident Moved by Councillor Tony Baldinelli Seconded by Councillor Mona Patel THAT Council receive and file for information Item #11.1 though to Item #11.8 (excluding Item #11.5). Carried Unanimously 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Memo - From Seniors Advisory Committee - City of Niagara Falls Canada Day Celebration - June 30 - July 2, 2024. Attached is a memo from the Seniors Advisory Committee advising Council on matters that impact the quality of life of seniors (60 years plus) in the City of Niagara Falls. Recommendation: THAT Niagara Falls City Council request the Niagara Region Transit Commission establish a discounted Seniors fare that is competitive with others in the Golden Horseshoe and seek the endorsement of all other local area municipalities in Niagara Region. Moved by Councillor Mona Patel Seconded by Councillor Wayne Campbell THAT Niagara Falls City Council request the Niagara Region Transit Commission establish a discounted Seniors fare that is competitive with others in the Golden Horseshoe and seek the endorsement of all other local area municipalities in Niagara Region. Carried Unanimously Page 16 of 20 Page 29 of 292 13. RESOLUTIONS 13.1. Resolution: By-law No. 2024-031, AM-2023-023, 5438 Ferry Street A Public Meeting was held by Council on January 16th, 2024 to consider a Zoning By-law Amendment application to facilitate the development of a 30- storey mixed-use building at 5438 Ferry Street. The recommendations of Report No. PBD-2024-01 were approved by Council on January 16th, 2024, and By-law No. 2024-031 has been placed on Council’s agenda this evening. The attached resolution is required to deem changes minor and exempt the requirement for further notice for the purpose of permitting a maximum lot coverage of 80% and the insertion of a 3-year sunset clause. No changes have been made to the building envelope or conceptual Site Plan since the Public Meeting. THEREFORE, BE IT RESOLVED that subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the changes to By-law No. 2024-031 minor and exempts the requirement for further written notice. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Wayne Campbell THAT subject to subsection 34(17) of the Planning Act, 1990 R.S.O Council deems the changes to By-law No. 2024-031 minor and exempts the requirement for further written notice. Carried Unanimously 14. RATIFICATION OF IN-CAMERA This item was moved up in the agenda to be discussed after In-Camera meeting at 6:04 PM. a) Ratification of In-Camera Moved by Councillor Mona Patel Seconded by Councillor Mike Strange THAT Council take no position, neither to decline or accept, in respect of the request for a moratorium or an interim control by-law at this time, due to the fact that there is a pending application before Staff. Carried Unanimously 15. NOTICE OF MOTION/NEW BUSINESS a) Notice of Motion - Municipal Accommodation Tax (MAT) - Councillor Tony Baldinelli brought forth the following notice of motion: THAT Staff bring an update on current practices and a report to explain our options for the Municipal Accommodation Tax and its best practices. b) Notice of Motion - Review of Housing Strategy - Councillor Lori Lococo Page 17 of 20 Page 30 of 292 brought forth the following notice of motion: THAT Council review the Housing Strategy for the education, information and discussion of Council. c) Notice of Motion - Integrity Commissioner Report - Councillor Lori Lococo brought forth the following notice of motion: THAT Staff prepare a report on Integrity Commissioner complaints from other cities in the Region, and to include the number of complaints, costs of complaints and filing fees. d) Notice of Motion - Procedural By-law - Councillor Mike Strange brought forth the following notice of motion: THAT Staff be directed to look for efficiencies in running the Council meetings via updates to the Procedural By-law. e) Notice of Motion - Cummington Square Parking - Councillor Ruth-Ann Nieuwesteeg brought forth the following motion: THAT Staff be directed to remove paid parking at Cummington Square to better serve the residents of this area. 16. MOTION 16.1. At the Council meeting of February 27, 2024, Councillor Lococo brought forward the following motion: Motion: THAT Council review our Strategic Plan and Master Plans in order to find cost savings. Moved by Councillor Lori Lococo THAT Council review our Strategic Plan and Master Plans in order to find cost savings. Not put. 17. BY-LAWS 2024- 027. A by-law to amend By-law No. 79-200, to permit the use of the lands for a 5 storey apartment dwelling with 71 dwelling units, and to repeal By-law No. 1998-183 and 2017-102, subject to a 3 year sunset clause (AM-2023-027). 2024- 028. A by-law to amend By-law No. 2010-132 and By-law No. 79-200, to permit the use of the lands, in part, for the development of 83 townhouse dwelling units in 14 blocks and the removal of the Holding provision. (AM-2021-009). 2024- 029. A by-law to provide for the adoption of Amendment No. 165 to the City of Niagara Falls Official Plan (AM-2023-022). Page 18 of 20 Page 31 of 292 2024- 030. A by-law to amend By-law No. 79-200, to permit the use of the lands for a 10 storey mixed-use building, with 1,330 square metres of ground floor commercial space and 192 dwelling units, subject to the removal of a Holding (H) symbol and a 3 year sunset clause (AM-2023-022). 2024- 031. A by-law to amend By-law No. 79-200 to permit the use of the lands for a 30- storey mixed-use building with 456 dwelling units and 2 commercial units at grade subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM-2023-023). 2024- 032. 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. 2024- 033. A by-law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of rates for the use of water and water related services. 2024- 034. A by-law to amend By-law No. 96-50, being a by-law to regulate parking and traffic on City Roads. (municipal lots) 2024- 036. A by-law to amend By-law No. 2014-65 being a by-law to establish a System of Administrative Penalties respecting the stopping, standing, or parking of vehicles in the City of Niagara Falls. 2024- 037. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. 2024- 038. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Meter Zones) 2024- 039. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 19th of March, 2024. Moved by Councillor Mike Strange Seconded by Councillor Wayne Campbell THAT the by-laws be read a first, second and third time and passed. Carried Unanimously 18. ADJOURNMENT a) Adjournment Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson THAT Council adjourn the meeting at 9:47 PM. Carried Unanimously Page 19 of 20 Page 32 of 292 Mayor City Clerk Page 20 of 20 Page 33 of 292 Conference and Meet Up -Concept -Saturday,October 26th,2024 A one-day meet up of volunteer sector leaders from Hamilton-Brantford-Burlington to Niagara to Upstate New York communities like Niagara Falls,Buffalo,Jamestown,etc.An international conversation on what’s now and what’s next.An occasion to appreciate people who make a difference in the lives of others.More listening than talking.Meeting your peers across this geography. Discuss the deeper issues regarding volunteering and providing service above self. Possible groups invited: ●Rotary Clubs,other service clubs like Lions,Kiwanis,Optimists,etc. ●Leadership development groups like Leadership Buffalo,Leadership Niagara ●Volunteer coordinators,United Ways,information hubs,community foundations ●Charities,non-profits,foundations,philanthropists,scope:local chapters of a group ●Youth,youth groups,young professionals,next generation of community leaders ●Business and professional groups like chambers and member organisations. ●Libraries and museums,school boards,post secondary institutions ●State/provincial and federal assets and related organisations with a local presence ●Digital networks and their users,media,bloggers,podcasters ●Academics and researchers,faith community leaders,libraries,institutions ●Elected officials,municipal leaders,unions,etc. ●General public,board members of NGOs,thought leaders Proposed:Saturday,October 26,2024 -with the intent of doing this annually,or semi-annually, alternating on either side of the border.People get an info package that talks about how they need to prepare and coordinate with their local community beforehand.$40 per person. What the day looks like (for 200-300+people): ●Set up and refreshments,plus networking (sponsor) ●9:30 am start so people can travel to the event space,carpooling encouraged. ●Overview of the day,remarks from the host and host community (15 min) ●Opening notes:Whos who in the room,today (and tomorrow ;->)-(15 min) ●10:00 am Panel:Trends and issues in volunteering (45 min) ○Some numbers ○Examples and efforts ○Needs and a call to action,Q&A and follow-up organising ●Networking Break (15 min) ●11:00 am Panel:Best practices and mapping structural issues (45 min).What are the key questions we need to ask? ○Organised into tables/sectors.More examples,especially cases from elsewhere ○Values,belongingness,and sustainability. ○Engaging young professionals and those new to the community ○Recommendations posted up around the room.One or two key points made. ●Flex time,morning wrap up and direction (15 min) ●Lunch (12 -1)Food trucks or a buffet,to a sit down?Something green and local.Guest speaker -someone from another community that has organised its volunteerism sector. ●1:00 pm Overview of the afternoon:Now that the table has been set,let’s work together (10 min)Facilitated. ●1:15 pm Exercise:Mapping the ideas,issues and opportunities (45 min) ○Open space architecture method -needs,who’s who,priorities,resources. ○Organisers/facilitators have the next hour to group issues and prepare a report. Page 34 of 292 ●Break (15 min) ●2:15 pm Networking Exercise:Meeting in your more local geography,group photos,etc.(45 min,encourage a pace here as we work to a close) ○Contribute to a sense of meetings and local efforts,seasonal issues and planning ○Build out of skills,tools,and work needed,adding to the previous exercise ○Strengthening what we already do well,building capacity where we need ●3:00 pm Wrap up ○Part 1 -Youth groups input,five pitches (25 min) ○Part 2 -Report in from the facilitators,Q&A,next steps (20 min)Final comments (15 minutes)-done by 4:00 pm…afterparty Options:Actions and outcomes: ○Create a sense of feeling better/good about service above self and helping. ○Who is doing what?How are we with our succession planning? ○What needs to change?What needs to be disturbed? ○How do we move forward? ○Report from this meeting?In video,notes made on social media,contemporaneous reporting.How do we have a report in someone’s inbox by Monday morning? ○Where do we want to be this time next year?How is momentum supported and sustained?Do we have a spring and fall cadence -US and Canada -so we become more familiar with the work we do. ○Online collaboration,mapping,interests,events and invites. ○How do we make this as low cost as possible?How do we make this irresistible as possible so that people say this is a ‘can’t miss’kind of day.Do we encourage some to meet prior to the meeting? Possible parallel actions: ○Trade show area?Public open house? ○Project poster boards:what they look like -story,key points,needs… ○Mapping out the stories/issues ‘on the wall’-perhaps a more creative exercise ○What questions are we not asking?Like,where are all the stories,lessons,and materials from groups that have folded and previous generations of helpers?Who were those people?Is there an opportunity to do some heritage and archival research that helps deepen the culture of volunteering?Can we use cutting edge tech to animate the past and provide value for the future (an uncertain one)...to provide hope. What other changes are coming (precarity issues). ○Friday friendmaking -an evening of networking and hospitality.Pre event, Preregistration. Guidance: ●Some can bring and set up their displays and materials. ●Bring name badges,logos,cards and materials.Big name badges.QR codes. ●An art area for people to create,copy,and make items that inspire. ●Build a directory of who is present and who needs to show up next time ●Create and curate the on-line space for continuing the inquiry and conversation ●Arise with a better network,a common sense of what is going on,opportunities,tips,some common themes,and a few people to step up and volunteer to coordinate resources and convene the next meeting. ●Details:travel/carpooling,meals,parking,greening the meeting,wifi,media attendance. ●Local tour? ●Are there organisations that could do better?Maybe this is an opportunity for a refresh. Page 35 of 292 ●Parallel and lead up events.Instructions on doing a more local event/gathering (develop a guide)like this in your community and for your community.Mapping out these locations.A volunteer fair.A fair at an institution like a school or community center/centre. ●Facilitating attending events of others,sharing resources,creating legacy work that supports capacity building,etc. Costs: ●Minimal.An interesting space could be donated.Close to the border.A school like Fort Erie Secondary School or some place over in New York State. ●It should be near a place for an ‘afterparty’.Have to bracket this with some fun! Lead up events (pick): ●September and October -(Rotary,others)a local membership drive,coordinated with District support and networking,meeting with other community leaders. ●Tune up membership lists,qualifications,people’s connections to boards,LinkedIn profiles. ●Ask clubs and organisations to feature key partners as speakers,announcements,etc. ●Host an event in the community featuring key partners on a panel -on the half year or quarter going forward.Allows for seasonal discussion topics,plus keeping the momentum going. ●Do an ‘asset map’and a set of interviews with key partners to reveal needs.Begin with the green community:markets,gardens,trails,etc. ●Work on related strategic plans,training,and housekeeping. ●Is there a brand that emerges out of this? Want to be involved?Contact your local Rotary Club.Main contact is Dave Alexander,905-329-6026 cell/text or at econiagara@gmail.com Page 36 of 292 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-Delegation to Council - April 9 From: Jim Diodati <jdiodati@niagarafalls.ca> Sent: Monday, March 25, 2024 12:23 PM To: David Alexander < >; Jim Diodati <jdiodati@niagarafalls.ca> Cc: Ruth-Ann Nieuwesteeg <rnieuwesteeg@niagarafalls.ca>; Mona Patel <mpatel@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: RE: [EXTERNAL]-Delegation to Council - April 9 Thank you for following up with us, David. Trusting that Bill our City Clerk will be in touch with next steps for your presentation. Jim Jim Diodati | Mayor | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4201 | jdiodati@niagarafalls.ca From: David Alexander < Sent: Monday, March 25, 2024 9:38 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Cc: Ruth-Ann Nieuwesteeg <rnieuwesteeg@niagarafalls.ca>; Mona Patel <mpatel@niagarafalls.ca> Subject: [EXTERNAL]-Delegation to Council - April 9 Hi Jim (and Ruth Ann and Mona): Page 37 of 292 2 So great to see you all last week. I put in my request to speak at council on April 9th, but I wanted to follow up now with the current concept as it stands. I am looking for partners in this venture so I would welcome any referrals and support. I am concerned about volunteering and wanting to work together to improve this area of our community as I feel there is a whole next level of service to others. My main need right now is to arrange and secure a venue. To be successful, I want to envision that this can be a bi-national meeting we can have every year. I look forward to your feedback. -- Dave Alexander Rotary Club of Welland wellandrotaryclub.com District 7090 rotary7090.org District Governor Elect 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 38 of 292 3rd Annual Mountainview LemonAID Day for FACS Niagara Page 39 of 292 Hello! I represent 2Page 40 of 292 Kids Helping Kids ●Mountainview LemonAID Day is a community driven event, encouraging kids to help kids by raising funds to send children to summer camp. ●On Saturday, June 8, teams of kids and their families will set up lemonade stands across Niagara to ask for donations. . 3Page 41 of 292 “There are so many children in our community who deserve an opportunity to be with friends, connect with nature, and make lasting childhood memories. 4 Anna Bozza FACS Niagara CEO Page 42 of 292 “ 5 Camp Attendee Summer 2023Page 43 of 292 $100,000 Raised in 2023 to send local children to over 500 weeks of summer camp 6 More than Page 44 of 292 In 2023 7Page 45 of 292 In 2022-2023 8 FACS Niagara served: •An average of 400 children in care each month •More than 600 families that receive ongoing services to help them be at their best. FACS’ goal is to give children we serve a summer camp experience!Page 46 of 292 One Hundred Stands Across NiagaraEach team will receive everything needed to run a LemonAID stand! -LemonAID Stand & Banner -T-shirts & hats -Lemonade Concentrate -Pitchers -100 cups and stickers & more! 9Page 47 of 292 100% of proceeds go towards sending local children and youth to summer camp. 10Page 48 of 292 11 More Info facsniagarafoundation.org 905.937.7731 Page 49 of 292 12 Thank You! Questions?Page 50 of 292 The City of Niagara Falls, Ontario Resolution April 9, 2024 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act. WHEREAS on April 9, 2024, Niagara Falls City Council will be holding Closed Meetings as permitted under s. 239 (2) of the Municipal Act, namely; (b) personal matters about an identifiable individual. (c) a proposed or pending acquisition or disposition of land by the municipality. (f) advice that is subject to solicitor-client privilege. THEREFORE BE IT RESOLVED that on April 9, 2024 Niagara Falls City Council will go into a closed meeting to consider matters that fall under 239 (2) (c) to discuss a proposed or pending acquisition or disposition of land and (b) & (f) to discuss a matter about a personal individual and to receive legal advice subject to solicitor-client privilege. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 51 of 292 L-2024-04 Report Report to: Mayor and Council Date: April 9, 2024 Title: Restriction of Certain Forms of Participation and Engagement in Council Meetings Our File No.: 2024-64 Recommendation(s) 1. That Council receive this report and its companion report L-2024-03 for information, which provides that Staff has statutory authority to: a. exclude any correspondence or any delegation request where Staff determine that the correspondence or requested delegation has one or more of the following characteristics: i. The correspondence or proposed delegation is vexatious and will cause the City to incur additional costs; ii. The correspondence or proposed delegation is without factual or legal merit or misrepresents the process and purpose of Council; or iii. The correspondence or proposed delegation harasses or is abusive towards Council or Staff; b. exclude any correspondence or proposed delegation from anyone that has one or more of the three listed characteristics above; and c. amend, where necessary, the City’s policies and procedures on delegations and correspondence to refer to these three listed criteria for exclusion. Executive Summary This is a companion report to Report L-2024-03 which was brought into closed session. Page 1 of 4 Page 52 of 292 Based on the reasons provided in that report, Staff will be excluding correspondence or proposed delegations to Council where Staff determines that one or more of the following criteria exist: i. The correspondence or proposed delegation is clearly vexatious and will cause the City to incur additional costs; ii. The correspondence or proposed delegation misrepresents the process and purpose of Council; or iii. The correspondence or proposed delegation harasses or is abusive towards Council or Staff. Staff has statutory authority under the Municipal Act to exclude correspondences or proposed delegations on this basis. Exclusion on the basis of the above three criteria is a reasonable limit on the right of expression and engagement with Council. Expressions and engagement in this regard must be respectful, must not misrepresent the structure of Council, and must not be vexatious or increasing costs to the City. Background There is a legal and economic rationale for the measures being applied by Staff to exclude and limit engagement with Council either through correspondence or proposed delegation. In one example, for years, the City has spent a significant amount of time, resources, and money in dealing with and responding to a certain individual's correspondences and notices pertaining to multiple matters on the Council Agenda, as well as complaints and proceedings that were launched without apparent merit and at the end of which that individual was unsuccessful. In this example, from 2021 to present, the City has incurred $141,955.01 in fees for external legal counsel as well as the Integrity Commissioner to respond. This figure does not include several hours of staff time within Clerks Services, Legal Services and the Mayor and CAO’s office in dealing with that same individual's communications and claims. In particular, Clerks Services staff have spent a significant number of hours preparing agenda items in relation to this individual's correspondences and, ultimately, these efforts have been for non-productive purposes. In addition, that same individual's correspondence for the agenda contained misleading and or incorrect information. Further, this individual has made comments both in writing and verbally to insult or intimidate Council members or Staff, which is against the City's zero tolerance policy against harassment. Page 2 of 4 Page 53 of 292 With respect to this example, the City Solicitor had already issued a warning letter to the individual in question to refrain from misrepresenting and offensive representations and comments. Analysis Ensuring that Council and Staff are treated with respect, that Council meetings are run for their legislated purpose and efficiently, and that the Council structure and process is not misrepresented to the public are all important objectives for Staff. Therefore, Staff will proceed to exclude any proposed engagement with or communication to Council (whether it is in the form of written correspondence or a proposed delegation) where the proposed engagement is identified to meet one or more of the following criteria: 1. The proposed engagement is clearly vexatious and will cause the City to incur additional costs; 2. The proposed engagement misrepresents the process and purpose of Council; and 3. The proposed engagement harasses or is abusive towards Council or Staff. While this report was largely motivated by correspondences and proposed delegations from the individual mentioned in the particular example above, the action taken by Staff will apply to all correspondences or proposed delegations irrespective of which individual or group they come from. This is a limited restriction and exclusion based solely on identification of any of the three criteria listed above. Any communications with Council that do not attract any of the three criteria and otherwise comply with the City’s protocols will be included and provided to Council. Financial Implications/Budget Impact It is believed that a partial restriction of correspondences and delegations on this basis will restore confidence in the integrity of Council processes and result in administrative efficiencies for the City. Strategic/Departmental Alignment The recommendations in this report align with the City’s commitment to financial sustainability and implementing systems to reduce administrative costs. Page 3 of 4 Page 54 of 292 Written by: Nidhi Punyarthi, City Solicitor Submitted by: Status: Nidhi Punyarthi, City Solicitor Approved - 02 Apr 2024 Shelley Darlington, General Manager of Corporate Services Approved - 03 Apr 2024 Jason Burgess, CAO Approved - 03 Apr 2024 Page 4 of 4 Page 55 of 292 MW-2024-16 Report Report to: Mayor and Council Date: April 9, 2024 Title: Audio Trails Wayfinding Proposal for Millennium Trail Recommendation(s) 1. That Report MW-2024-16 BE RECEIVED for information; and further, 2. That Council AUTHORIZE a single source procurement with Access Labs for audio trail wayfinding Millennium trail as a pilot project in the amount of $13,479.00 plus applicable taxes in accordance with Section 18 of the City's Procurement Bylaw 2021-04; and further, 3. That Council AUTHORIZE Staff to enter into a contract with Access Labs to establish an Audio Trails Wayfinding system along the Millennium trail as a pilot project; and further, 4. That Council APPROVE a 2024 Capital Budget Amendment in the amount of $13,479 funded from Capital Special Purpose Reserves, for the implementation related costs; and further, 5. That the annual operating budget impact of $2,950 be REFERRED to the 2025 Operating Budget Process. Executive Summary Access Labs, a Canadian National Institute for the Blind (CNIB) enterprise, offers audio trail wayfinding to increase trail accessibility for blind and partially sighted individuals. The wayfinding is provided through 3rd party apps and is free for users. City Staff are recommending contracting with Access Labs to establish a pilot program for audio trail wayfinding along the entire 8.6km length of Millennium Trail for implementation in summer 2024. The 2024 cost for setting up the wayfinding system is $13,479 and can be funded through existing City reserves. Background In 2023, the City of Niagara Falls was approached by Access Labs, a Canadian National Institute for the Blind (CNIB) enterprise, regarding the potential establishment audio trail wayfinding. This audio trail wayfinding technology was successfully implemented at Heartland Forest, (8215 Heartland Forest Road, Niagara Falls) in spring 2023. The CNIB is a Canadian Charitable organization founded in 1918 and has been creating programs, providing services and advocating to change the lives of Canadians who are blind or partially sighted. Page 1 of 12 Page 56 of 292 The Niagara Falls Accessibility Advisory Committee (AAC) provided unanimous support for the implementation of Access Labs' audio trail wayfinding on City of Niagara Falls trails at their January 22, 2024 meeting. Analysis The Access Labs proposal provides audio trail wayfinding through the use of Custom Location Service (CLS) points to identify useful information to trail users through Global Positioning Systems (GPS) waypoints. This information can include; points of interest, amenities and decision points for navigation. This would give tools to assist a blind or partially sighted person to independently navigate the trail system. The wayfinding information is provided to users through free-use mobile apps offered by Blindsquare. Blindsquare EVENT app is available for i-OS and XploreNinja app for Android devices. These apps provide users with the choice to download trail wayfinding information in advance by Wi-Fi or in real-time through mobile data connections. Access Labs is the exclusive supplier of Blindsquare wayfinding technology in Canada. Blindsquare supports wayfinding in 23 languages. The Access Labs proposal is considered a pilot program for the City that would include the establishment and maintenance of 400 CLS points with Niagara Falls. City staff believe that 400 CLS points would be sufficient to provide for wayfinding along the entire 8.6km long Millennium Trail system. If desired, more CLS points can be purchased at a pro-rated cost in the future to extend the audio wayfinding system on other City trails. Upon approval, the audio trail wayfinding system may be implemented for use in summer 2024. Provisions will be included in the contract with Access Labs to extend the services in future to other locations if the pilot is deemed successful. Operational Implications and Risk Analysis Once established, the maintenance and management of the audio trail wayfinding system and data would be done by Access Labs. City staff time would be required to provide information to Access Labs on any periodic modifications to the trail system that may affect CSL points. Financial Implications/Budget Impact The year 1 cost (2024) to setup the audio trail wayfinding system of 400 CLS points is $13,479. The year 1 costs can be funded through existing Capital Special Purpose Reserves. The year 2 and subsequent years cost (2025+) for maintenance and management of the system is $2,950. Funding for 2025 and subsequent years may be referred to applicable annual operating budget for funding. Page 2 of 12 Page 57 of 292 This initiative also aligns closely with grant criteria commonly advertised by Federal / Provincial agencies for the purpose of enabling accessibility. Staff will pursue alternative funding opportunities as they arise. Strategic/Departmental Alignment This project aligns with social sustainability priorities to promote residents' quality of life and well-being. List of Attachments Accessible Trails Proposal for Region of Niagara Falls_ Written by: David Antonsen, Landscape Architect Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 02 Apr 2024 Jason Burgess, CAO Approved - 03 Apr 2024 Page 3 of 12 Page 58 of 292 A Partnership in Accessibility Accessible Independent Navigation Trail Pilot for the Region of Niagara Falls (prepared October 30, 2023) . Page 4 of 12 Page 59 of 292 Contents Objective ........................................................................................................................................... 3 Scope ................................................................................................................................................ 3 Accessible Wayfinding ...................................................................................................................... 3 Solution ............................................................................................................................................. 4 BlindSquare EVENT Geofence ......................................................................................................... 4 Example CLS Messages: .................................................................................................................. 5 Project Budget .................................................................................................................................. 6 Proposed Phases and Timeline ........................................................................................................ 6 Next Steps ........................................................................................................................................ 7 Appendix ........................................................................................................................................... 7 BlindSquare Components ............................................................................................................. 7 Custom Location System (CLS) .................................................................................................... 8 Page 5 of 12 Page 60 of 292 Objective Access Labs, a CNIB Enterprise, is pleased to present this partnership proposal regarding accessible navigation and wayfinding innovation for seamless and informed exploration and discovery within the City of Niagara Falls trails. With multiple parks and trail systems across the region, winding along waterways and beautifully landscaped parklands and natural areas, the local recreational trails will be the focus of an accessible navigation pilot project. An accessible wayfinding navigation solution will be designed and deployed for recreational trail pathways and points of interest. The solution brings new capabilities for independent exploration and experience, through navigation information for hikers and visitors who are blind, partially sighted or those seeking an alternative access expereince. As Canada's comprehensive accessibility experts, we have brought together leading technology providers and deep user experience to design inclusive solutions to align with the business needs, values, and priorities of each organization we work with. Initiated by the City of Niagara Falls, this means championing inclusion in the community and visitor experience. Scope In response to the City of Niagara Falls expressed interest in increasing accessibility, we are excited to present a low-cost, high-impact solution. One that transforms what it is like to navigate with a disability and can also respond to other conditions affecting safe movement, such as interrupted pathways or changed configurations. The proposal outlines the virtual deployment of Custom Location Service (CLS) points along the trails, at points of interest, amenity locations, and decision points. Essentially, a blind or partially sighted person can independently find their way to the desired location or experience. Accessible Wayfinding It can be daunting for a person with sight loss to leave the safety of their home and travel in the community on their own. At the same time, the ability to navigate is key to independence, education, employment, and emotional well-being. Accessible wayfinding Apps describe essential contextual information, like environment, points of interest and street intersections as you travel. They can also interface directly with available data sources to provide real-time information on key services offered by venues and facilities. The app uses algorithms to convey this information in a way that is accessible and optimized for people with sight loss. Page 6 of 12 Page 61 of 292 Integrating accessible wayfinding solutions within public spaces like parks and trails would significantly decrease the challenge, stress and anxiety faced by people with sight loss navigating independently. Solution Technology can level the. playing field for people who are blind or partially sighted, but only when it is accessible, available, and affordable. The customized installation of BlindSquare integrated with the app's geolocation services within City of Niagara Falls recreational trails would enable users to search and navigate towards Points of Interest by geotagging structures, changing surface conditions, venues, facilities, and amenities, etc. The solution enables comprehensive, accessible wayfinding by mapping and configuring Custom Location Service points ("virtual beacons"). The programming provides customized audible informational messaging for points of interest and decision points to assist blind and partially sighted visitors in independent navigation of the Trail system. It can also provide messages about the area regarding hazards and other site-specific information. BlindSquare EVENT Geofence Each BlindSquare installation creates a BlindSquare Enabled EVENT. This means that within the radius of the sponsored location, the free BlindSquare EVENT app is enabled to provide accessible navigation at no cost to the individual. Page 7 of 12 Page 62 of 292 Example CLS Messages: Page 8 of 12 Page 63 of 292 Project Budget Based on a preliminary overview of the recreational trails’ information provided by the City of Niagara Falls, the proposed project would require deployment of 400 CLS points along key decision and points of interest. Related costing is outlined below. Up to 400 CLS (Custom Location Service) Points Installation Cost Breakdown One-time Network Set-up $2,860 Annual Network Cost (1st Year) $2,140 Messaging and Design $7,480 Lived Experience Test Group Costs $ 999 Total Consolidated Implementation Costs $13,479 Year 2 Onwards Annual Fees Annual Network Cost (Subsequent Years) $2,140 Full CNIB Assistance Service on Amendments $ 810 Total Ongoing Fees $2,950 Proposed Phases and Timeline A full project plan with timelines and deliverables will be determined in consultation with the city of Niagara Falls. It is expected that the total project delivery time would be 6–10 weeks from contract agreement. The below table illustrates estimated timelines for the project roll-out: Page 9 of 12 Page 64 of 292 ID Name Duration Readiness and Set Up 3 Weeks 1 BlindSquare Network Programming and G Sheet Creation 2 iOS App Update and Release 3 G Sheet CLS Point Population and Dummy Message Creation Roll Out 4 Weeks 4 Review maps, identify decision points and points of interest 5 Program G-Sheets with dummy messaging for all identified points 6 CLS point exact identification (Virtual) 7 Message design and programming (Virtual) 8 Installation User Testing and Confirmation of Messaging Accuracy (On Site) Communications 3 Weeks 10 Design integrated Cross Channel Communications Plan 11 Implement Ongoing Communications 12 Implement Go Live Communications Next Steps Proposal review, Q & A, and amendments as required. Statement of work creation and sign off. Work commencement. Appendix BlindSquare Components BlindSquare consists of three components in addition to traditional outdoor GPS navigation. These components provide a more comprehensive navigational experience that addresses indoor Page 10 of 12 Page 65 of 292 wayfinding and gaps in outdoor information of deep value to people who are blind or partially sighted. The three components are: 1. Custom Location System (CLS) 2. Beacon Positioning System (BPS) 3. Quick Response Codes (QRS) Custom Location System (CLS) CLS points are programmed locations on a map that fill in gaps of key information a user might need to navigate outdoor spaces that are otherwise unlabeled. They can deliver customized information about an organization's premises. An example CLS point sounds like this: "Now at 4900 Yonge Street, Joseph Shepard building, Service Canada centre on-site, 2 small flights of descending stairs to courtyard, then 36 metres, at 11 o'clock, 3 entrance doors available, ramp at right of stairs, about 3 metres, continuous bannister on left, ramp continues around left to courtyard, 3 entrance doors on right, about 35 metres". CLS points are exclusively programmed outdoors because they use GPS coordinates to determine location. Users can receive several different messages based upon their location and proximity to the defined Landmark or GPS point. CLS can provide an obstacle alert message (i.e., construction) with an additional message providing information about a detour. A GPS/CLS point could also identify a Building Name with an additional message identifying or guiding the traveler to the Building Entrance. The second message is optional and is only activated when a user shakes their phone vertically or swipes down after the second message sound is played. Page 11 of 12 Page 66 of 292 Frontier Accessibility, a CNIB Enterprise T: 416-275-7652 www.frontier-cnib.ca Charitable Registration Number: 119219459RR0003 Web / Site Web : cnib.ca / inca.ca Email / Courriel : info@cnib.ca / info@inca.ca Toll Free / Sans Frais: 1-800-563-2624 Page 12 of 12 Page 67 of 292 PBD-2024-11 Report Report to: Mayor and Council Date: April 9, 2024 Title: Proclaimed Changes to the Conservation Authorities Act and New O. Reg. 41/24 Recommendation(s) That Council receive PBD-2024-11 for information. Executive Summary The purpose of this report is to inform Council of new regulations under Ontario’s Authorities ActConservation , Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits, that will come into effect on April 1, 2024. The new Regulation 41/24 sets out prohibited activities and areas where a conservation authority permit is required, exemptions for permits for certain low risk activities, the process for applying for conservation requirements service for permit, authority conservation a and authorities in reviewing permit applications. The new rules will apply to all conservation authorities and replace the existing 36 conservation authority specific regulations. Background On February 16, 2024, the Ministry of Natural Resources and Forestry (MNRF) released two new regulations under the Conservation Authorities Act (CAA). • O. Reg. 41/24 amends permitting powers and processes under Section 28 of the Act and takes effect April 1, 2024. • O. Reg. 42/24 amends the scope of Conservation Authorities mandatory programs and services and came into effect the day it was filed February 16, 2024. In recent years, amendments to the Conservation Authorities Act were made to update the were changes these of authorities framework. permitting conservation Most considered, approved, and were awaiting proclamation by the Lieutenant Governor under either: • Bill 229 - Protect, Support and Recover from COVID-19 Act, 2020 or • Bill 23 - More Homes Built Faster Act, 2022 These updates will revoke the existing 36 distinct conservation authority regulations and consolidate them into a single Minister’s regulation governing prohibited activities, exemptions and permits under the CAA. The changes are designed to streamline Page 1 of 5 Page 68 of 292 approvals under the CAA to focus on natural hazards and to improve clarity and consistency in decision-making. This report summarizes the changes and discusses potential implications. Analysis Changes and Implications Changes to the Conservation Authorities Act, Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits, are summarized in this section of the report, along with a discussion of any implications. awaiting were and considered, previously approved, changes the of Most were proclamation by the Lieutenant Governor under Bill 23- More Homes Built Faster Act, 2022. City staff have previously outlined the changes and implications of Bill 23 through PBD 2022-72. With respect to conservation authorities, under Bill 23, the Niagara longer provide and review no Conservation (NPCA) Authority Peninsula would comments on development applications or supporting studies outside the protection of hazard lands, pollution or the conservation of land. Conservation Authorities Act Changes: Section 28 Section 28 deals with permits issued by conservation authorities for development and activities in regulated areas.  Most matters previously addressed in Section 28 will be deleted and addressed in the new regulation O. Reg. 41/24. The new regulation contains many changes, that are outlined below.  Individual, conservation authority specific regulations are also being replaced by O. Reg. 41/24. Moving details previously set out in Section 28 of the Act into the new regulation will allow for future amendments without approval of the Legislature as regulations are prepared at the direction of a Minister and executed through Orders in Council. O. Reg. 41/24: Prohibited Activities, Exemptions and Permits Changes O. Reg. 41/24: Prohibited Activities, Exemptions and Permits sets out details on prohibited activities and areas where a conservation authority permit is required, exemptions from a permit for certain low-risk activities, the process for applying for a conservation authority permit, and service requirements for conservation authorities in reviewing permit applications. The new regulation contains several changes in the permitting powers and processes. Key changes include: Permitting Scope Page 2 of 5 Page 69 of 292 Permits may only be issued where: • Existing - the activity is not likely to affect the control of flooding, erosion, dynamic beaches or pollution or the conservation of land; • New - the activity is not likely to: - affect the control of flooding, erosion, dynamic beaches or unstable soil or bedrock; and, - create conditions or circumstances that, in the event of a natural hazard, might jeopardize the health or safety of persons or damage or destruction of property. Permit Conditions The approved regulation also restricts the conditions that conservation authorities are authorized to attach to permits. Conditions imposed by conservation authorities must be directly related to mitigating the impact of natural hazards or any public safety risks due to natural hazards and must be necessary to support the permit’s administration or implementation (e.g., reporting and compliance requirements). With respect to permit conditions, there is nothing in the regulation that addresses the natural heritage value of wetlands. Permit conditions will only address the functions that wetlands serve in mitigating natural hazards. Permit Exemptions Low-risk development activities will be exempt from requiring permits from the conservation authority. Exemptions include such low-risk activities as sheds, seasonal or floating docks, garage rebuilds (rebuild must occupy the same footprint and contain no habitable space), fencing installation, maintenance or repair of tile drains and maintenance or repair to a municipal drain. Any alteration to or the construction of a new municipal drain will still be subject to a permit from the conservation authority. Further, the new regulations limit the conditions that can be included on a permit to matters related to natural hazards and public safety. Regulatory Setbacks The regulated area adjacent to a wetland is changed to 30 metres for all wetlands and there are no size thresholds. The former legislation included 120 metres for Provincially Significant Wetlands (PSW) and wetlands greater than two hectares in size, and 30 metres assessments Wetland size. in hectares wetlands than less and for two classifications will now fall to Niagara Region to review. Definitions Page 3 of 5 Page 70 of 292 Definitions have been moved out of the Act and moved to Regulation. The definition of “watercourse” has changed from “an identifiable depression in the ground in which a flow of water regularly or continuously occurs” to a “defined channel with a bed and banks/sides, in which a flow of water regularly or continuously occurs.” Other Notable Permit Changes Include:  The maximum period of validity for permits increases from 24 to 60 months.  New powers for the Minister of Natural Resources and Forestry to issue permits and/or direct an authority not to issue a permit.  Applicants may request a Minister’s review where the authority refuses a permit or imposes conditions on a permit to which an applicant objects. The Minister’s decision is final.  An applicant may appeal an authority’s decision to refuse a permit or issue a permit subject to conditions following a hearing of the Board to the Ontario Land Tribunal.. Review of Planning Applications Planning Applications Submitted Before April 1, 2024 There are no transition policies contained in the amended CAA and regulation to date. The transition policies will define the exact date if or when the new regulations may apply to applications submitted before April 1, 2024. Until clarification, Planning staff will continue under the current provisions. Planning Applications Submitted After April 1, 2024 All plan input and review will be conducted in accordance with the conservation authorities’ mandatory programs and services regulation (i.e. natural hazard plan review) and the new Reg. 41/24. In response, the City has entered into a service agreement with Niagara Region to provide environmental review on development applications unless it is a regulated feature (i.e. floodplains or natural hazards). Strategic/Departmental Alignment The proclaimed changes to the Conservation Authorities Act and New O. Reg. 41/24 impacts the strategic pillar of Environmental Sustainability however, the service agreement with Niagara Region will provide environmental review on development applications to address this matter. Written by: Brian Dick, Manager of Policy Planning Page 4 of 5 Page 71 of 292 Submitted by: Status: Andrew Bryce, Director of Planning Approved - 02 Apr 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 02 Apr 2024 Jason Burgess, CAO Approved - 03 Apr 2024 Page 5 of 5 Page 72 of 292 PBD-2024-13 Report Report to: Mayor and Council Date: April 9, 2024 Title: Housing Accelerator Fund Application Update Recommendation(s) THAT Council receive this report for information purposes. Executive Summary The purpose of this report is to update Council relative to the City’s application to the Canada Mortgage and Housing Corporation (CMHC) Housing Accelerator Fund (HAF). The City has been informed by the CMHC that it was not successful in its application for $45.2 million to construct 1,668 HAF incented units in three years and 9,660 HAF incented units in ten years. Without this funding, Staff continue to implement the recommendations of the 2021 Housing Strategy, albeit at a slower pace. Projects and initiatives currently underway, that will improve the supply of housing and affordable housing, include the preparation of an Affordable Housing Community Improvement Plan (CIP) that will serve to incentivize the construction of Affordable Housing, Backyard House Designs that will offer free pre-approved permit ready accessory dwelling unit designs, and a partnership to construct affordable housing on the Park Street site. Background In March 2023, the Canada Mortgage and Housing Corporation (CMHC) introduced the Housing Accelerator Fund (HAF), which is a $4 billion incentive program targeting local (lower-tier) municipal governments, with an anticipated outcome of 100,000 additional housing building permits issued across Canada by the fall of 2026. The aim of the program is to accelerate housing supply and enhance certainty in the development approval and building permit process, resulting in transformational change to the housing system across Canada. The program is meant to remove barriers and support the development of affordable, inclusive, equitable, climate-resilient and complete communities. To access funding, municipalities were required to submit an application to the CMHC prior to August 18, 2023. Page 1 of 6 Page 73 of 292 On August 15, 2023, Council approved In-Camera Report PBD-2023-48, that authorized the submission of a Housing Accelerator Fund application for $45.2 million to construct an additional 1,668 HAF incented units in three years and 9,660 HAF incented units in ten years. The City’s application was submitted on August 16, 2023 and focused on implementation of the City of Niagara Falls Housing Strategy, as outlined below:  Incentivize the development of a range and mix of housing types and tenures through an Affordable Housing Community Improvement Plan (CIP),  Create a five person Expedited Permit Approval Team to accelerate relevant development application and building permit approvals, by 50% of legislated timelines,  Create opportunities for housing and affordable housing through the assessment of surplus municipal land,  Accelerate the preparation of Secondary Plans to unlock growth potential more quickly,  Create an Accessory Dwelling Unit program to encourage and expedite alternative forms of housing construction,  Develop alternatives to address workforce housing for hospitality and tourism employees, and  Implement Inclusionary Zoning in the Major Transit Station Area. In addition to the aforementioned initiatives, HAF funding would have been allocated to investment in housing and affordable housing, housing infrastructure, and community related infrastructure that supports housing, such as the Park Street Development, converting other City properties to affordable housing, annual funding for the Affordable Housing CIP, and wastewater infrastructure to accelerate development. By way of Report PBD-2023-70, dated November 14, 2023, Council authorized staff to prepare an amendment to change the Official Plan and Zoning By-law No. 79-200 to consider permitting four dwelling units in a dwelling on urban serviced residential lands where detached, semi-detached, duplex and townhouse dwellings are permitted, as a means of increasing the competitiveness of the City’s HAF application. With this amendment and the initiatives already underway at the City, the City’s HAF application addressed all of the Minister of Housing, Infrastructure and Communities list of best practices to improve housing supply and affordability, and was well positioned for success. Analysis The award of HAF funding was originally to be announced in the fall of 2023, but due to significant response to the program the processing of applications took longer than anticipated. City staff were in continuous contact with CMHC staff regarding the City’s Page 2 of 6 Page 74 of 292 application, from June 2023 through February 2024. Likewise, Mayor Diodati advocated for the City’s application through local federal representatives as well as the Minister’s office, by way of multiple letters and other means of communication. At its meeting of January 23, 2024, Council unanimously approved the following resolution, relative to the City’s Housing Accelerator Fund application. 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 the City’s need for partnership from other levels of government; and furthermore, seeking confirmation that the City qualifies for funding and encouraging approval. This letter was sent to the Minister in early February 2024. On February 29, 2024, staff received the following email communication from CMHC staff. I’m writing to follow up on your application to the Housing Accelerator Fund (HAF), and to inform you that the City of Niagara Falls was not selected for funding. HAF encourages local governments to implement lasting initiatives that remove barriers to housing supply, accelerate the growth of supply, and support the development of complete, low-carbon and climate-resilient communities, which are affordable, inclusive, equitable, and diverse. Following the launch of HAF local governments from across Canada enthusiastically answered the call, with more than 500 applications received. Unfortunately, we were not able to support all applications with the funding available under the program. The award of HAF funding throughout Canada, as of March 20, 2023, is summarized in Appendix 1. On April 2, 2024, Prime Minister Justin Trudeau announced atop-up of the existing Housing Accelerator Fund with an additional $400 million, which will permit more municipalities to participate in this initiative. Staff will follow up with the City's CMHC representative to determine if Niagara Falls' application can be reconsidered. Operational Implications and Risk Analysis Staff will continue to implement the recommendations of the 2021 Housing Strategy, albeit at a slower pace. Council allocated funding through the 2024 operating budget for consulting services to prepare an Affordable Housing Community Improvement Plan (CIP) that will serve to incentivize the construction of Affordable Housing. Planning staff are actively working on the Backyard House Design project, which will ultimately offer Page 3 of 6 Page 75 of 292 pre-approved permit ready additional dwelling unit (ADU) designs, thereby reducing the cost and time required to construction an ADU. Staff are finalizing a Request for Proposal for the Park Street development, of which 40% of the units will be affordable.Fundamentally, the supply of housing and affordable housing will advance at a slower pace as a result of not receiving HAF funding. Financial Implications/Budget Impact The City’s application for $45.2 million in HAF funding to advance the supply of housing and affordable housing in Niagara Falls was unsuccessful. As such, the City will be required to fund such infrastructure improvements and the recommendations of the Housing Strategy over a longer period of time. Funding allocations will be considered by Council through annual budget deliberations. A significant effort was dedicated to the preparation of the HAF application. As a result, the City is well positioned to apply for similar funding, should the opportunity arise. Strategic/Departmental Alignment The CMHC HAF funding would have supported the implementation of the City of Niagara Falls Housing Strategy, help achieve the goals of the City’s Housing Pledge, and advance the supply of housing and affordable housing in Niagara Falls. This is consistent with Council’s strategic objectives of a Vibrant and Diverse Economy, a Healthy and Safe Livable Community, Diverse and Affordable Housing, as well as Strong and Resilient Infrastructure. List of Attachments Appendix 1 PBD 2024-13 Written by: Signe Hansen, Manager of Long Range Planning Initiatives Submitted by: Status: Andrew Bryce, Director of Planning Approved - 02 Apr 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 02 Apr 2024 Jason Burgess, CAO Approved - 03 Apr 2024 Page 4 of 6 Page 76 of 292 APPENDIX 1: AWARD OF HOUSING ACCELERATOR FUND (as of March 20, 2024) Abbotsford, BC 25,600,000$ Airdrie, AB 24,800,000$ Ajax, ON 22,000,000$ Alberta Bundle (Banff, Sylvan Lake, Bow Island, Westlock, Smoky Lake, Duchess)13,840,222$ Antigonish NS 3,200,000$ Barrie, ON 25,600,000$ Bathurst, NB 3,000,000$ Brampton, ON 114,000,000$ Burlington, ON 21,000,000$ Burnaby, BC 43,000,000$ Calgary, AB 228,000,000$ Cambridge, ON 13,300,000$ Campbell River, BC 33,500,000$ Campbellton, NB 4,500,000$ Cap-Acadie, NB 2,000,000$ Cape Breton, NS 13,300,000$ Caraquet, NB 2,700,000$ Channel-Port aux Basques, NFL 3,300,000$ Charlottetown, PEI 10,000,000$ Coquitlam, BC 25,000,000$ Cornwall, ON 4,300,000$ Edmonton, AB 175,000,000$ Fredericton, NB 10,000,000$ Gibsons, BC 2,100,000$ Grand Bouctouche, NB 7,100,000$ Guelph, ON 21,400,000$ Halifax, NS 79,000,000$ Hamilton, ON 93,500,000$ Indian Island First Nation, NB 7,100,000$ Iqaluit, Nunavut 8,900,000$ Kelowna, BC 31,600,000$ Kings County, NS 9,100,000$ Kingston, ON 27,600,000$ Kitchener, ON 42,400,000$ London, ON 74,000,000$ Marathon, ON 1,900,000$ Markham, ON 58,800,000$ Membertou First Nation, NS 13,300,000$ Milton, ON 22,000,000$ Mississauga, ON 112,900,000$ Moncton, NB 15,500,000$ Mount Pearl, NFL 6,100,000$ New Glasgow, Pictou and Westville, NS 5,600,000$ North Grenville, ON 5,200,000$ North Vancouver, BC 18,600,000$ Page 5 of 6 Page 77 of 292 Nunavut 27,000,000$ Ottawa, ON 176,000,000$ Pemberton, BC 2,700,000$ Quebec 900,000,000$ Regina, SK 35,000,000$ Richmond, BC 35,900,000$ Richmond Hill, ON 31,000,000$ Saskatoon, SK 41,300,000$ Shippagan, NB 2,300,000$ Squamish, BC 7,000,000$ St. Catharines, ON 21,500,000$ St. John, NB 9,200,000$ St. John's, NFL 10,400,000$ Stratford, ON 5,000,000$ Summerside, PEI 5,800,000$ Surrey, BC 95,000,000$ Tecumseh, ON 4,000,000$ Thunder Bay, ON 20,700,000$ Toronto, ON 471,000,000$ Town of Three Rivers, NS 3,400,000$ Tracadie, NB 2,500,000$ Vancouver, BC 115,000,000$ Vaughan, ON 59,000,000$ Victoria/Campbell River/Comox, BC 33,500,000$ Waterloo, ON 22,000,000$ West Hants, NS 1,000,000$ Whitby, ON 24,900,000$ Whitehorse, YT 11,000,000$ Winnipeg, MN 122,000,000$ Wolfville, NS 1,800,000$ Woolwich, ON 6,700,000$ 3,788,240,222$ Page 6 of 6 Page 78 of 292 PBD-2024-14 Report Report to: Mayor and Council Date: April 9, 2024 Title: Financial Assistance request for a 100-112 unit affordable housing project on 8055 McLeod Road Recommendation(s) 1.THAT Council APPROVE the Planning fee waivers totaling $35,700.00, subject to Niagara Falls Not for Profit entering into an agreement with Niagara Regional Housing to provide rental subsidy for 45 units in a 9 storey building or 50 units in a 10 storey building that will be between 65-70% of the CHMC MMR; 2. THAT Council APPROVE a grant equivalent to the Building Permit Fees of $165,311.91 for a 9 storey building or $183,679.90 for a 10 storey building subject to Niagara Falls Not for Profit entering into an agreement with Niagara Regional Housing to provide rental subsidy for 45 units in a 9 storey building or 50 units in a 10 storey building that will be between 65-70% of the CHMC MMR; and 3. THAT Council APPROVE a discretionary exemption to Community Benefit totaling $160,000.00, subject to Niagara Falls Not for Profit entering into an agreement with Niagara Regional Housing to provide rental subsidy for 45 units in a 9 storey building or 50 units in a 10 storey building that will be between 65-70% of the CHMC MMR. Executive Summary On February 27, 2024 City Council received a presentation from the Niagara Falls Non- Profit Housing (NFNP) who are planning on building 100 -112 affordable housing units on McLeod Road. The proposed project is to be developed by NFNP who will enter into an agreement with Niagara Regional Housing on the Rent Geared to Income Units (RGI). In order to increase affordability, the NFNP are seeking funding from the Canadian Mortgage Housing Corporation (CMHC) and are requesting that City Council consider planning fee waivers, building fee waivers, development charges and expedited approvals. The requested waivers and their applicable fees have been broken down below: Waiver Request 100 unit (9 storey building) 112 unit (10 storey building) Page 1 of 6 Page 79 of 292 Planning Fees $35,700 $35,700 Building Fees $165,311.91 $183,679.90 Development Charges (Statutory Exemption) $819,400 $917,728 *Community Benefit $160,000 $160,000 Total $1,180,411.91 $1,297,107.90 *Community Benefit exemption not requested by presenter but needs to be considered by Council. The only exemption that does not need to be considered by Council is the Development Charges as a not for profit development would qualify as a statutory exemption under the Development Charges Act. In 2022, the City passed a Community Benefit Charge (CBC) By-law 2022-119. The Community Benefit Charge is applicable to the proposed development, but which was not included in the request to Council. Staff have added this charge to be considered with the other requested waivers. Lastly, NFNP has requested that the City expedite the approvals for the project. The City was hoping to put in place an expedited development team with the Federal Housing Accelerator Fund monies that would have reduced timelines for affordable housing projects by 50% for all planning and building applications. Unfortunately, we were not successful in this request. With the City’s current staffing levels, it is not possible to commit to an expedited timeline, however the City staff will make every attempt to move the applications along as quickly as possible. Background NFNP made a presentation to City Council on February 27, 2024 and has requested that the Council consider planning, building and development charge waivers for a proposed apartment building at 8055 McLeod Road. The proposed development is based on two scenarios:  a 9441m2100 unit 9-storey building; or  a 10,490m2112 units 10-storey building. A representative from Niagara Regional Housing has been assisting the NFNP and he has provided the following breakdown for the proposed 9 storey, 100 unit model scenario: 1. Deep Affordable Rent Geared to Income #1: 20 x 1-bed units @ $840 / month, which is 70% of CMHC MMR Oct. 2023 rate of $1,200 2.Deep Affordable Rent Geared to Income #2: 25 x 1-bed units @ $770 / month, which is 64% of CMHC MMR Oct. 2023 rate of $1,200 Page 2 of 6 Page 80 of 292 The above noted units will receive a subsidy per month through Niagara Regional Housing (NRH) and would target people in the 10th & 20th income deciles (annual income up to $28,300). 3. Affordable: #3: 21 x 1-bed units @ $1,200 / month, which is 100% of CMHC MMR Oct. 2023 rate targeting people in the 30th and 40th income deciles (annual income $28,301 to $53,900) 4. Attainable: #4: 34 x 2-bed units @ $1,610 / month, which is 115% of CMHC MMR Oct. 2023 rate of $1,400 targeting people in the 50th & 60th income deciles (annual income $53,901 to $64,500) The City's Housing Strategy identified a goal to construct 270 affordable units annually (40% of 2020 rates). The housing strategy recognized the need for both high to moderate and low to moderate rent levels and the target was broken up equally to 135 units in the high to moderate category and 135 units in the low to moderate category. The proposed NFNP building will contribute 45-50 (9 storey versus 10 storey) units at the low to moderate end which partially addresses the harder to achieve rental target for the City. It will also provide an additional 55-62 affordable units at the moderate to high end of the rental target which again will contribute to the City's goal. Requested Waivers NFNP's request entails:  a planning fee waiver of $35,700;  a building permit fee grant of $165,311.91 for a 9 storey building or a $183,679.90 for the 10 storey building;  a statutory development charge fee exemption totaling $819,400 or $917,728. NFNP did not request the exemption for the Community Benefit Charge (CBC) of $160,000 but this exemption has been factored into the overall request as it appears the project would qualify for the exemption based on the definition in the CBC By-law. The City does have a fee waiver policy, but the proposed project does not meet the scope of that policy which is meant to help offset the fees that would have been charged by the City related to the delivery or presentation of a festival or event. Therefore, Council must consider the fee waiver requests presented by NFNP. Analysis In a recent council presentation, a not-for-profit affordable housing provider, NFNP submitted a request for planning, building and development charge fee waivers to facilitate the construction of a 100-112 unit affordable housing project within the Page 3 of 6 Page 81 of 292 community. In addition, they requested that City Council consider expediting approval of the applications. The request applicable fees and their totals have been broken down below: Waiver Request 100 unit 9 storey building 112 unit 10 storey building Planning Fees $35,700 $35,700 Building Fees $165,311.91 $183,679.90 Development Charges (Statutory Exemption) $819,400 $917,728 *Community Benefit $160,000 $160,000 Total $1,180,411.91 $1,297,107.90 *Community Benefit exemption not requested by presenter but needs to be considered by Council. Planning and Building Permit Fees Planning fees charged by the City under the authority of the Planning Act are to cover costs under a fee for service model. Currently, the City’s Planning fees do not completely fund the cost of the work, but they do cover a significant portion. The applicant is requesting consideration to waive $35,700 in planning fees. Waiving the planning fees could result in a negative variance at the end of 2024 in the Planning User Fees accounts. The Planning Fee waivers would not include waivers for other disciplines or agencies to review the applications such as the Niagara Peninsula Conservation Authority or the Niagara Region. For example, the Niagara Region planning review fees for this project would be $6280.00 and the NPCA fees would be $25,071. Building permit fees are charged and collected to recoup the cost of the service under the Ontario Building Code Act and should the building permit fees of $165,311.91 or $183,679.90 be waived they would need to be funded. The current budget line item for building permit fee waivers is in place to cover previously approved waivers. The previously approved waivers take up this entire budget, thus the additional fee waiver proposed above could result in a negative variance in the Building Permit Fee Waiver account that may require funding from the Tax Rate Stabilization Reserve at the year end. Development Charges The More Homes Built Faster Act was granted royal assent on November 28, 2022. This Act made changes to the Development Charges Act which includes a new exemption for non-profit housing developments. The Niagara Regional Housing representative has confirmed that the NFNP meets the definition in the Development Charges Act listed below. Page 4 of 6 Page 82 of 292 “non-profit housing development” means the development of a building or structure intended for use as a residential premises and developed by, (a) a corporation to which the Not-for-Profit Corporations Act, 2010 applies, that is in good standing under that Act and whose primary object is to provide housing, (b) a corporation without share capital to which the Canada Not-for-profit Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing, or (c) a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act. 2022, c. 21, Sched. 3, s. 4. The province provides the statutory exemption of Development Charges (DC’s) for a non-profit housing provider. Council does not have to contemplate the exemption as the City has been advised that the provider meets the exemption. Community Benefit Charge In 2022, the City passed a Community Benefit Charge (CBC) By-law 2022-119 which exempts CBC’s for “Attainable Housing” and “Purpose-built Attainable Housing” as defined the by-law. The land value on their budget sheet notes a land value of $4,000,000 which would mean a $160,000 exemption. This would be a discretionary exemption that would be treated as a waiver as there is no requirement in the Planning Act legislation to fund discretionary Community Benefit Charges. Expedited approval While staff acknowledges the urgency and importance of affordable housing projects, particularly those proposed by non-profit organizations, it must balance this with an assessment of existing staffing and resources and regulatory requirements. The City was planning to put in place an expedited planning and permitting team with our Housing Accelerator Fund application that would have reduced timelines for affordable housing projects by 50%. Unfortunately, we were not successful in this request. With the City’s current staffing levels, it is not possible for City staff to commit to an expedited timeline, however the City staff will make every attempt to move the applications along as quickly as possible. I would like to note that if feasible any attempt to move the applications along quickly will require commitment from external agencies as well. Conclusion Waivers to be considered by Council 100 unit 9 storey building 112 unit 10 storey building Planning Fees $35,700 $35,700 Building Fees $165,311.91 $183,679.90 *Community Benefit $160,000 $160,000 Total $361,011.91 $379,379.90 Page 5 of 6 Page 83 of 292 *Community Benefit exemption not requested by presenter but needs to be considered by Council. After careful consideration, staff recommend the waiver request subject to the entrance into an agreement with the Region to provide 45 -50 (9 storey versus 10 storey) of the units at a rate of between 65-70% of the CHMC MMR. Staff recognize the critical role these affordable housing units play in addressing the city's affordable housing challenges. By granting these waivers, the Council can demonstrate its commitment to supporting initiatives outlined in the City’s housing strategy for low and moderate- income individuals and families. Operational Implications and Risk Analysis The operational risk associated with this request was the request by NFNP to expedite approvals. As noted above this is not currently possible with current staffing levels. Financial Implications/Budget Impact Staff have contemplated the financial implications throughout the report under the various fee waiver requests. Strategic/Departmental Alignment To assess the proposal staff relied on the Council’s Financial and Social sustainability pillars. The key focus of these pillars, as they relate to this proposal, is to increase quality affordable housing while ensuring responsible financial management of the City’s funds. Contributor(s) Tiffany Clark Matt Greenfield Written by: Kira Dolch, General Manager, Planning, Building & Development Submitted by: Status: Andrew Bryce, Director of Planning Approved - 03 Apr 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 03 Apr 2024 Jason Burgess, CAO Approved - 03 Apr 2024 Page 6 of 6 Page 84 of 292 R&C-2024-03 Report Report to: Mayor and Council Date: April 9, 2024 Title: Anti-Racism Committee New Committee Member Recommendation(s) 1. That Council approve adding Johnathan Frazier to the Anti-Racism Committee. Executive Summary The City of Niagara Falls created the Anti-Racism Committee in 2020. The committee was established to provide recommendations, advice, and information to the Mayor, City Council, and Senior Staff on the following:  issues relating to racism and anti-racism in the City of Niagara Falls.  consult with relevant agencies and institutions, including police, educational institutions, and social services providers related to complaints related to racism  initiate/facilitate discussions between individuals and/or groups to address issues and concerns of racism in the City of Niagara Falls. Background Since starting work in March 2021, the Anti-Racism Committee has looked at ways to combat issues of racism in our community. Council appointed a new Committee in 2023. In November of 2023 we had one member resign from their position and there is a need to replace this individual. At the time of Council approval, other individuals applied for the committee but were not placed due to the Terms of Reference. In February of 2024, Clerks reached out to these individuals to see if they were still interested in participating on the Committee. The Committee reviewed these individuals and believe that Johnathan Frazier would be a good replacement for this seat on the committee. Analysis These recommendations were brought forward based on consultation with the committee. Strategic/Departmental Alignment Social Sustainability Page 1 of 5 Page 85 of 292 List of Attachments #2. Johnathan Frazier_Redacted Written by: Clark Bernat, Culture & Museums Manager Margaret Corbett, FOI, Records & Elections Officer Submitted by: Status: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Approved - 27 Mar 2024 Jason Burgess, CAO Approved - 01 Apr 2024 Page 2 of 5 Page 86 of 292 Anti-Racism Committee 2. Applicant Information 1. Full Name Johnathan Frazier 2. Address 3. Phone Number 2899904341 4. Email johnathanfrazier1990@gmail.com 3. Eligibility 5. A Canadian citizen or permanent resident of Canada within the meaning of the Immigration and Refugee Protection Act Yes 6. A resident of the City of Niagara Falls Yes Are you a member or staff of an organization that conducts regular work in the field of this committee? 7. An employee of the City of Niagara Falls Yes 4. General Questions / Competencies 8. Please explain why you are interested in serving on the Niagara Falls Anti-Racism Committee. I am a African American man, who has experienced racism firsthand and done to others. I believe there's a lot of room for conversations about racism within Niagara Falls and ways to ensure equal opportunities and safety of people of all races. 9. Please provide a brief professional profile with examples of work experience, including community service and volunteerism with boards, groups or organizations that would support your application to the Anti-Racism Committee (Maximum 300 words). I was apart of the Jefferson Ave Art Festival Board of Entertainment (2018-19) in Buffalo, NY. Growing up in that same community it meant a lot for us to be able to block off the busiest street in the neighborhood and host live performing acts. For me as a Hip Hop Artist, it meant a lot to showcase Hip Hop as a form of positive, conscious art. I've also volunteered with Erie County Clerk Chris Jacobs during his 2014 election campaign. As well as various food drives with Second Chance Ministries of Buffalo, NY. 10. Please describe your knowledge, lived or living experience as a member of the community and how this experience may support the work of the committee. (Maximum 300 words). Only being a living resident of the Niagara community for 3 years, I've met and built relationships with many people from various races. I can say we all shared things in common and ideas about racism and how there are certain stereotypes that we naturally inherit from society whether our home based showed signs of racism or not. I can also say that genuinely people of this city wants to like, get to know, and respect other races. Page 3 of 5 Page 87 of 292 11. The following is a list of specific skills/knowledge that are considered to be assets (although not reqirements) for the Niagara Falls Anti-Racism Committee membership. Please indicate your level of knowledge/familiarity with each: Extensive Some None Board governance X Establishing strategic goals and objectives X Advocacy activities X Business accounting and financial management X Diversity, equity and inclusion knowledge X Human resources X Community relations/knowledge X Government relations X Policy development X Presentations/public speaking X Legal background X 12. Please list any other committees or boards, including the dates of service, on which you have previously served: Committee / Board Name Date of Service 1 2 3 4 5 6 5. Demographics 13. Please describe your gender and/or pronouns. Gender and/or pronouns.: Male He/Him 14. Do you identify as being part of the Black, Indigenous or Person of Colour community? Yes 15. Do you identify as being a person with a disability? I do not wish to disclose 16. Please select your age range 26 - 35 6. Confirmation Page 4 of 5 Page 88 of 292 17. Please check here to indicate the application is authorized by the applicant I confirm that all information in the application is accurate and would like to formally submit my application to become a Niagara Falls Anti-Racism Committee Member. Page 5 of 5 Page 89 of 292 F-2024-14 Report Report to: Mayor and Council Date: April 9, 2024 Title: 2024 Development Charge Update Recommendation(s) 1. THAT Council after having given CONSIDERATION to the use of "area rating" or "area-specific development charges", APPROVE the use of a city-wide non- residential development charge rate as outlined in the 2024 Development Charges Background Study, in place of the Area Specific Development Charges levied under the 2019 DC By-Law. 2. THAT Council DIRECT staff to create a policy for Council’s Approval for Industry Development Charges, to maintain the current exemption in a more flexible format outside of the DC By-Law and consider its inclusion in the scheduled Community Improvement Plan update. 3. THAT Council DIRECT staff to create a policy for Council’s Approval for Community Improvement Plan (CIP) exemptions, to maintain the current exemptions outside of the DC By-Law, to enable them to be updated during the upcoming CIP review without requiring a DC By-Law Amendment. 4. THAT Council DIRECT staff to report back with an analysis of additional transitional measures, in addition to legislative requirements, such as DC deferral programs and discretionary phase-in programs to ease the transition to the new DC rates for the development industry. 5. THAT Council APPROVE an amendment remove Paragraph 2 of Section 6.5 of Policy # 700.33 “Development Charge Payment Policy regarding Sections 26.1 and 26.2 of the Development Charges Act” that currently reads “An interest rate of 0% shall be used for the purposes of 26.1 and 26.2 for development projects that align with the City strategic initiatives, non-profit housing development as defined under section 11.1 (3) of O. Reg. 82/98” Executive Summary The City is currently updating its Development Charges (DC) Background Study and By-Law. Staff has engaged Hemson Consulting Ltd. to assist with the update of the Background Study and By-Law. Page 1 of 7 Page 90 of 292 This report provides Council with recommendations related to opportunities identified throughout the study process in advance of the updated DC By-Laws being adopted. The opportunities include:  Charging a uniform Non-Residential DC rate, which has minimal impact on the development community and reduces administrative burdens for staff  Transitioning exemptions for industrial DCs and Community Improvement Plans to policies to allow more flexibility  Consideration of additional transition measures to mitigate the impact of the newly calculated rates  Housekeeping revision to revise the DC Interest policy Background The City is currently updating its Development Charges (DC) Background Study and By-Law. Staff has engaged Hemson Consulting Ltd. to assist with the update of the Background Study and By-Law. Throughout the update process, several opportunities have been identified by Staff, Hemson Consulting and Development Stakeholders. This report provides Council with recommendations related to these opportunities in advance of the updated DC By-Laws being adopted. As part of the DC Background Study process, Council must consider area-rating of development charges. Currently the City of Niagara Falls has an area specific non- residential development charge for the “Core Tourist Area” and “Outside the Core Tourist Area”, as depicted in Attachment #1. After developing the draft 10-year capital program, and calculating the associated draft DC rates, the rate for the Core Tourist Area and Outside the Core Tourist Area was nearly identical. This was largely due to the similar servicing demands arising from anticipated development. Therefore, it is recommended that Council adopt a city-wide non-residential DC rate. Consistent with the City’s historical practice, staff and Hemson also recommend that the residential DC rates continue to be levied on a city-wide basis. Staff asked Hemson Consulting to consider the Hospital Area as an option for an area- specific DC. Based on discussions with Hemson and a review of infrastructure needs, staff is not recommending this option be pursued as it could hurt the affordability of development in the hospital area. In particular, as described above, the infrastructure required to meet the increase in need for servicing arising from future development is most appropriate to collect on a city-wide basis. Page 2 of 7 Page 91 of 292 The current DC By-Law includes a discretionary exemption added by the City for a 100% exemption for industrial development. This is above and beyond the legislated exemption of 50% for industrial expansion. Staff is recommending that this discretionary exemption be removed from the DC by-law and be administered via a standalone policy instead. This enables more flexibility if future enhancements are required, without the time and cost of amending the DC By-Law to accomplish the same outcome. A policy also allows it to be packaged more easily with other incentive programs, reducing red tape for future developers. Staff is also recommending that this be reviewed in conjunction with the Community Improvement Plan areas (CIP) update the Planning Division has scheduled in 2024, as the CIP programs may offer a better opportunity to package this incentive for the development community, and further reduce red tape. The current DC By-Law also includes exemptions related to Community Improvement Plan areas (CIP). The Planning Division has scheduled a review and update of the CIP program and therefore staff is recommending that the CIP exemptions be removed from the DC By-Law and placed in a policy. This ensures that the program can be easily updated without requiring the DC By-Law to be re-opened. It also allows staff to be more flexible and adaptable to the changing environment, rather than being static for the 10-year life of the DC By-Law. To assist with the transition to the new rates, the Province has already legislated a mandatory phase in over 5 years with year one being charged 80% of the calculated rate. To further support the development industry, staff will report back to Council with an analysis of options which could help further mitigate the initial cost impact when the new by-law comes into force. These supports could include additional phase ins above and beyond the legislated requirements (difference must be funded by the City) and interest bearing deferral programs which could defer DC payments to occupancy (City will have to upfront cash-flow the cost of the infrastructure). As a housekeeping matter, staff wishes to make a small amendment remove Paragraph 2 of Section 6.5 of Policy # 700.33 “Development Charge Payment Policy regarding Sections 26.1 and 26.2 of the Development Charges Act”. Staff wishes to remove the following wording “An interest rate of 0% shall be used for the purposes of 26.1 and 26.2 for development projects that align with the City strategic initiatives, non-profit housing development as defined under section 11.1 (3) of O. Reg. 82/98”. This is a result of changes in Provincial Legislation which now exempts non-profit housing developments from paying any Development Charges and proposes DC exemptions for attainable and affordable housing (not yet in force). Analysis The 2024 Development Charges Background Study has been a very comprehensive undertaking, relying on inputs from master plans, consultants and staff across the City. This has resulted in a very robust capital program. Since 2019 there have been significant increases in construction costs, development forecasts have been updated to account for new secondary plan areas and the City's housing pledge, there have been changes in person per unit assumptions and the maximum permissible funding Page 3 of 7 Page 92 of 292 envelope is now based off of 15-year historic service levels. These factors contributed to the higher DC rates calculated in the 2024 DC Background Study, compared to the previous study. The proposed rates are in line with other Niagara Region municipalities currently undertaking DC updates, however previous rates in Niagara Falls were quite low comparatively speaking. With the numerous legislative changes, the Province has made efforts to support the development community with the housing affordability challenge. This includes exemptions for non-profit housing, discounts for purpose built rentals, mandatory phase- in of new DC rates and proposed exemptions (not yet in force) for attainable and affordable housing. Given the growth needs in Niagara Falls to service the anticipated growth in the future, the capital program in the 2024 DC Background Study is very comprehensive. As such the rates being levied to finance the growth-related needs are increasing. To mitigate this staff will be exploring options to help the development community, through deferral programs, additional discretionary phase-ins etc. and will report back to Council. Financial Implications/Budget Impact Staff will report back to Council with an analysis of some transitional measures to mitigate the impact of the new DC rates coming into force. To illustrate an example, if the City were to offer a more aggressive phase-in than legislated, for example 50% vs 80%, the difference would have to be funded by non-growth/non-DC sources. Based on average permit volume in 2021 and 2022, Attachment 2 outlines the anticipated DC collections at the fully calculated rates, after the statutory phase in (80%) and after a discretionary phase in (50%). Based on this preliminary analysis, Year 1 the City would lose out on collections of $2.02M due the statutory phase in. If the City wanted to fund an additional phase in to charge 50% of the fully calculated rate for Year 1, it could cost upwards of $3.03M which would have to be funded from a combination of tax levy and rate levy dollars. This does not consider the fact that proposing a reduced rate in year one may create some urgency in the development community to submit applications to freeze DC’s at this lower phase-in rate. Therefore the financial exposure for the City could be greater. Contributor(s) Jennifer Yarnell, Senior Financial Analyst Matt Greenfield, Senior Financial Analyst Cyndi MacNeil, Accounting Clerk List of Attachments F-2024-14 - 2024 Development Charges Update - Attachment #1 - Map Designating Core Tourist Area Page 4 of 7 Page 93 of 292 F-2024-14 - 2024 Development Charges Update - Attachment #2 - Estimated impact of Additional Phase-In (2 year average) Written by: James Dowling, Manager of Capital Accounting Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 04 Apr 2024 Shelley Darlington, General Manager of Corporate Services Approved - 04 Apr 2024 Jason Burgess, CAO Approved - 04 Apr 2024 Page 5 of 7 Page 94 of 292 Attachment #1 Map Designating Core Tourist Area Source: 2019 DC By-Law Attachment #1 - Map Designating Core Tourist Area F-2024-14 April 9, 2024 Page 6 of 7 Page 95 of 292 Attachment #2: Estimated impact of Additional Phase-In (2 year average)F-2024-14 April 9, 2924 Type # Units Sq. M Fully Calculated Unit Rate Fully Calculated Total 80% Phase In Rate 80% Phase in Total Estimated Lost Revenue 50% Phase In Rate 50% Phase in Total Estimated City Funding Required Singles & Semis 90 38,162 3,434,580 30,530 2,747,700 (686,880) 19,081 1,717,290 (1,030,410) Rows & Multiples 132 26,281 3,469,092 21,025 2,775,300 (693,792) 13,141 1,734,612 (1,040,688) Apartments 88 18,937 1,666,456 15,150 1,333,200 (333,256) 9,469 833,272 (499,928) Non-Residential*10,976 138.24 1,517,322 110.59 1,213,858 (303,464) 69.12 758,661 (455,197) 10,087,450 8,070,058 (2,017,392) 5,043,835 (3,026,223) *Adjusted Non-Residential Rate Used Estimated Impact of Additional Phase-In - 50% vs 80% (2 year average - All 2022 and Jan to Nov 2023)Page 7 of 7Page 96 of 292 Rs: Council Agenda for April 9, 2024 Item 7.7: F– 2024-14 Development Charges By-law Update The above noted report is requesting some policy direction from Council to complete a new Development Charges (DC) By-law. I have the following comments given my past professional planning experience at Niagara Region and the City of St Catharines that included work on DC background studies and by-laws. The existing D.C. By-law expires in June and the City seems to be rushing this process along without accurate details on where growth is being planned or in a coordinated manner. Specifically, the City’s Official Plan needs to be updated and approved together with revised urban boundaries, detailed land use designations and a strategy for orderly and cost-effective growth. This community planning project has only recently begun and is necessary to formulate other municipal master plans (i.e. servicing, roads, parks, asset management) and to complete several “Secondary” plans the City has initiated for more detailed land use planning and development. Therefore, a number of assumptions outlined in the DC Background Report may not accurately reflect the City’s land use needs for future growth, community interests or associated costs for related capital projects. The underlying principle for Development Charges is that capital costs for growth related projects should be paid by benefiting developers; not existing taxpayers (“growth pays for growth”). The Development Charges Act does make some exceptions to this objective based on certain exemptions, reductions or conditions (i.e. non-profit housing, industrial uses, approved CIP programs) and includes provisions for transitioning increased Development Charge fees. In this regard, Council should ensure that no additional burden is placed on existing taxpayers and not support Staff Recommendation #4 for additional transitional measures. The proposal for “City wide” non-residential charges (Staff Recommendation #1) is reasonable and consistent with the approach taken for other development charges in Niagara Falls and other local municipalities. The report did not recommend “area specific” Development Charges for the future South Niagara Hospital area. I believe this could be an exception given the extensive direct and indirect funding the City has committed for a Provincial hospital that will also serve outlying municipalities and benefit adjacent landowners through increased property values. In any event, the entire Grand Niagara district should be a priority area for future growth given these financial commitments. In the future, Council should implement a policy to require ‘front end” agreements for future development to reduce costs on local taxpayers. Staff Recommendations #2 and 3 seek direction to exempt industrial development and other uses in Community Improvement Plans. Updated policies and programs should be prioritized to promote strategic investments utilizing existing infrastructure, particularly for affordable housing and development in the Downtown core and Economic Gateway. Page 97 of 292 The DC Background Study has an estimate of nearly $567 million in total capital costs with an extraordinary amount for development studies over a 10-year planning horizon (2023-33). The need for and timing of these projects should be controlled, in part, through annual monitoring of growth and phasing policies in the future Official Plan which is expected to consider long term needs to the year 2051. In particular, growth should be prioritized in areas with existing infrastructure and where development proposals have already been approved. This can accommodate future growth in a more cost effective and sustainable matter. The Official Plan update should also determine the need for the extensive number of “secondary” plans contemplated. In my opinion, the new Official Plan process can provide adequate land use designations and development policies without the need for some “secondary” plans (i.e. GNGH hospital redevelopment/MTO lands, Northwest Area/ Club Italia ). I hope you will find these comments helpful and I look forward to the public meeting to be scheduled in the near future. Best regards, Peter Colosimo Page 98 of 292 PBD-2024-12 Report Report to: Mayor and Council Date: April 9, 2024 Title: 2023 Housing & Growth Monitoring Report - Year in Review Recommendation(s) That Council receive the Development and Housing Monitoring Report that reviews the status of development and growth management activity for the City for the year 2023. Executive Summary This report informs Council about development and growth management activity that occurred in the City during 2023. The report utilizes statistics compiled from a variety of sources on different aspects of development activity in the City of Niagara Falls. As part of the strategy to manage and plan for the City’s future, the report provides hard data to show where and what types of housing are being constructed and to provide insight with respect to the type of housing that will be needed in the future to accommodate the City’s growing yet changing population. Despite a challenging economic climate, the City of Niagara Falls surpassed its Provincially modified 2023 housing target of 587 units with building permits issued for the following:  42 single detached dwellings (133 in 2022)  8 semi detached dwellings (10 in 2022)  123 townhouse units (421 in 2022)  133 apartment units (0 in 2022)  37 accessory dwelling units (basement apartments)  12 conversions as reported by CHMC  12 apartment units created through renovations in a mixed use setting  200 rooms/288 beds for a long term care centre.  21 suites at 5017 Victoria Avenue (bridge and permanent supportive housing)  55 beds at 5925 Summer Street (homeless shelter) For a total of 643 new units of housing (564 in 2022).  2 new industrial building permits were issued for a combined total of 33,613 square feet of new industrial space. Page 1 of 28 Page 99 of 292 2023 was a mixed year for planning activity in the City as reflected in the following statistics:  Planning applications were up 25% from the previous year (129 in 2022 vs 161 in 2023).  Pre-consultation applications were down from 256 in 2022 to 117 in 2023. With respect to By-Law services, the following is a statistical summary for 2023:  By-Law Services responded to 1,841 complaints which was a slight decrease from 2022 when 1,969 complaints were received.  The property standards complaints were down 11% in 2023 (364) from 2022 (409) and 629 orders were issued.  Building code orders were down in 2023 to 104 over 146 orders issued in 2022.  Rodent rebates were down in 2023 to 78 over 114 rebates given in 2022. Analysis The report provides Council with an overall summary of growth, building and development activity that occurred in Niagara Falls in 2023. The collection and reporting on key growth and development enables staff and council to make more informed decisions with respect to infrastructure projects, housing, and land needs requirements for the city. In addition, it allows for a benchmarking of servicing levels. An examination of the attached development and housing monitor report (Attachment 1) highlights a number of key findings. Population The most recent Census conducted by Statistics Canada was in 2021, and the next scheduled Census is in May of 2026. The 2021 Census recorded a population of 94,415 people, in Niagara Falls, a 7% increase from the 2016 Census. This represented a 1.19% annual growth rate. Niagara Region’s Official Plan projects that the City’s population will be 141,650 people by 2051, driven primarily by international and intra- provincial migration and not by natural increase. Further, statistics indicate the median age in Niagara Falls is increasing and it is expected that the majority of growth in the City’s population will be seniors. Residential Development: Building Permits Residential building permits were up 14% in 2023 as Niagara Falls issued 643 new residential building permits in 2023 as opposed to 564 residential building permits in 2022. More specifically in 2023 new residential building permits were issued for: Page 2 of 28 Page 100 of 292  42 single detached dwellings  8 semi detached dwellings  123 townhouse units  133 apartment units  37 accessory dwelling units (basement apartments)  12 conversions as reported by CHMC  12 apartment units created through renovations in a mixed use setting  200 rooms/288 beds for a long term care centre.  21 suites at 5017 Victoria Avenue (bridge and permanent supportive housing)  55 beds at 5925 Summer Street (homeless shelter) For a total of 643 new units of housing that represents the broad spectrum of housing types that the City requires to meet the diverse needs of all of its residents. Apartments of all types were the dominant housing type for which building permits were issued (65%). Following apartments, townhomes made up 19% of new building permits. It is noted that 7% of the permits issued were for single detached dwellings. In 2022, townhomes were the dominant housing type (75%). The focus on townhome and apartment construction in the past several years shows the increasing diversification that is occurring in the City’s housing stock. With respect to affordable housing, Q3 and Q4 of 2023 showed that approximately 97.5% of townhome and apartment new build construction permits could be categorized as affordable housing for moderate income households (earning between $95,900 - $103,572 annually). In order to meet these criteria, the value of the new build construction must be equal to or less than $539,460. Beginning in Q1 of 2024, staff will use construction values provided by the Ontario Large Municipalities Chief Building Officials (OLMCBO) to better assess the affordability of new construction homes. The OLMCBO will provide valuations closer to the actual sale price of new construction homes. Further, with new Development Charges (DC) By-Laws on the Horizon for Niagara Falls, there will be further incentives for developers to pursue affordable housing. With the City’s’ new Housing policies in the first quarter of 2023, Development staff have been recording the number of potential affordable housing units contained in planning applications. In 2023, it was calculated that approximately 1,603 proposed housing units were considered to be affordable to households earning less than $103,572 annually. New Residential Development: Starts and Completions As reported by CMHC, in 2023, 389 new housing units were started (the beginning of the housing construction cycle) and 590 new housing units were completed (the end of the housing construction cycle) in Niagara Falls. Staff are of the opinion that the number Page 3 of 28 Page 101 of 292 of new reported housing starts is inaccurate as it does not fully capture all of the new housing construction activity for 2023 as reported earlier in this report. CHMC focusses on new-build developments, thus the CMHC reported starts number does not align with true number of new housing production in Niagara Falls for 2023. Non-Residential Development: Industrial, Commercial, and Institutional The value of new Industrial, Commercial, and Institutional (ICI) construction in 2023 was $23 million. The City experienced an approximate 7% decrease in ICI construction permit values over 2022 ($24.8 million). Two new industrial building permits were issued in 2023 for a combined total of 33,613 square feet of new industrial space. In 2023, the largest ICI new building permit was the foundation permit for the new hospital. The value of construction for this permit is approximately $9 million. For existing ICI uses, the value of construction for renovations, expansions, or alterations, was $27 million in 2023, a decrease from 2022’s $38.2 million. In total, the value of all ICI permits issued in 2023 was $50 million, a 20% decrease from 2022’s $62.5 million. Real Estate Market The real estate market in Niagara Falls weakened in 2023 with a 11% decrease in the average price for residential real estate. The average price for a house in Niagara Falls in 2023 was $638,341.67, compared to 2022’s average of $719,366.67. Decreasing housing prices will result in more housing sales falling into the affordable criteria. However, this will be a temporary boost, and housing prices can be expected to continue to grow over time. It will be imperative that the City continues to pursue housing strategies with affordability in mind in order to maintain healthy numbers of affordable housing stock. Rental Vacancy Rate The rental market in Niagara Falls has been similar to 2022 as the vacancy rate for 2023 was 2.6% which is down 0.1% from 2022’s figure of 2.7%. A vacancy rate of 3% has traditionally been accepted as providing sufficient housing choices for tenants. Further, the average rent for tenants in Niagara Falls was $1,280, a small increase from 2022’s average rent of $1,200. Specifically for 2-bedroom rentals, the St Catharines- Niagara Census Metropolitan Area (CMA) recorded an average rental price of $1,388, an increase from 2022’s $1,260. For Vacation Rental Units (VRUs), in 2023 there was a total of 37 registered VRUs. Of these 37 units, 17 were registered in 2023. VRU's are tracked and a register can be found on the City's website. This represents the most up to date information and is available for the public to view. Page 4 of 28 Page 102 of 292 Land Supply From the urban area boundary expansions received with the approval of the new Niagara Region Official Plan, the City has a sufficient residential land supply to satisfy the City's requirements through the planning horizon to 2051. Intensification Trends continue from the last couple years, where the majority of development in the City has occurred within the Built Urban Boundary. At an intensification rate of 65%, the City continues to exceed the Region’s Official Plan target of 50% for Niagara Falls. in 2022, the intensification rate was 74%. 2023 Planning Applications During 2023, planning and development staff have processed the following numbers and types of applications:  5 Draft Plan of Condominium applications (5 in 2022)  35 Zoning By-Law Amendment applications (includes Official Plan amendments) (31 in 2022)  17 Site Plan applications (16 in 2022)  50 Minor Variances (47 in 2022)  19 Consent applications (30 in 2022)  117 Pre-consultations (256 in 2022) In 2023, for Zoning By-Law Amendments and Official Plan Amendments which received a decision from Council, 60% were processed within the mandated timelines specified in the Planning Act. For those that did not meet the imposed time standards, the most common note on the file was that multiple resubmissions delayed bringing applications to council. By-Law Services Statistics By-law services received a number of complaints across the various areas that they monitor. The following are the numbers of complaints received in 2023:  1,841 By-law complaints over the various areas covered by City by-laws (1,969 in 2022)  364 Property Standards complaints (409 in 2022)  104 Building code orders were issued (146 in 2022) Future Outlook (next 2-5 years) Industrial/Commercial/Institutional Page 5 of 28 Page 103 of 292 In the future, it is anticipated that Industrial construction values will increase as the City moves forward with the development of the new Grassy Brook secondary plan and the construction of new industrial developments located in the City’s new employment area. Residential The City has a current inventory of 6,908 planning approved residential units. The largest developments by unit numbers are typically multi-storey with the largest development, Grand Niagara, containing 3,558 units, which is slated to begin construction on the first units toward the end of 2024. Land Supply Multiple secondary plans are currently being developed by staff to best utilize the three urban expansion areas that Niagara Falls received with the approval of the Niagara Region Official Plan in the Fall of 2022. As well, the City will be undertaking a secondary plan for the redevelopment of the existing Greater Niagara General Hospital site. The development of these secondary plans will eventually bring thousands of new housing units to the market. Population With the population in the area trending more to the senior age group, the proposed new hospital will be well positioned to handle the increased need for medical service. As well, with an aging population there will be a greater need for and use of the region-wide transit system. Financial Implications/Budget Impact This report has no direct financial implications for the City, however, metrics contained in this report help inform the City’s financial strategies. The increased development activity combined with an increasing property assessment has a direct impact on tax revenue collected by the municipality. Strategic/Departmental Alignment The development of an annual Development and Housing Monitoring Report is consistent with the City’s Strategic priority of Economic Diversification and Growth. List of Attachments 2023 Housing & Growth Monitoring Report -Year in Review Written by: John Hagemans, CPT, Assistant Planner, Policy Planning Brian Dick, Manager of Policy Planning Page 6 of 28 Page 104 of 292 Submitted by: Status: Andrew Bryce, Director of Planning Approved - 04 Apr 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 04 Apr 2024 Jason Burgess, CAO Approved - 04 Apr 2024 Page 7 of 28 Page 105 of 292 0 2023 Year in Review Planning, Building & Development 4/9/2024 DEVELOPMENT & HOUSING MONITORING REPORT Downtown Niagara Falls, Queen Street Page 8 of 28 Page 106 of 292 1 Development & Housing Monitoring Report 2023 Year in Review Contents DEVELOPMENT & HOUSING MONITORING REPORT ................................................................................ 0 SECTION 1 POPULATION ................................................................................................................. 2 SECTION 2 BUILDING PERMIT ACTIVITY ........................................................................................ 5 RESIDENTIAL CONSTRUCTION ......................................................................................................................................... 5 RESIDENTIAL STARTS AND COMPLETIONS ...................................................................................................................... 8 INDUSTRIAL/COMMERCIAL/INSTITUTIONAL CONSTRUCTION ..................................................................................... 10 TOTAL BUILDING PERMIT ACTIVITY: NEW AND ALL CONSTRUCTION .......................................................................... 11 SECTION 3 REAL ESTATE AND RENTAL MARKET ...................................................................... 13 RESIDENTIAL REAL ESTATE MARKET ............................................................................................................................. 13 VACANCY RATES & AVERAGE RENTAL COSTS ............................................................................................................... 13 SECTION 4 LAND SUPPLY ............................................................................................................. 14 DRAFT PLANS OF SUBDIVISION ..................................................................................................................................... 14 REGISTERED PLANS OF SUBDIVISION ............................................................................................................................ 15 SHORT TERM LAND SUPPLY .......................................................................................................................................... 16 LONG TERM LAND SUPPLY – VACANT LAND ................................................................................................................. 17 INTENSIFICATION RATE ................................................................................................................................................. 17 SECTION 5 STATISTICAL SUMMARY ........................................................................................... 19 PLANNING SUMMARY ................................................................................................................................................... 19 BYLAW SUMMARY ........................................................................................................................................................ 19 Page 9 of 28 Page 107 of 292 2 SECTION 1 POPULATION The 2021 Census recorded a population of 94,415 people in the City of Niagara Falls which is a 7.2% increase from the 2016 population of 88,071 (or 6,344 people) (Figure 1). Statistics Canada projected a population estimate for the City of Niagara Falls as of July 1, 2022 to be 99,0071 people. Statistics Canada has not provided a population estimate for July 2023. The next Census is scheduled for May of 2026. Canada’s population growth accelerated to 3.2% in 2023, one of the fastest rates in the world largely due to immigration, as the nation added 1.25 million people. Canada’s population was estimated to be 40,528,396 on October 1, 2023, an increase of 430,635 people from July 1, 2023. This third quarter of 2023 population growth was the highest population growth rate in any quarter since the second quarter of 1957. Figure 1 Source: Statistics Canada Niagara Region, through its new Official Plan provided the City of Niagara Falls with a population target of 141,650 people by the year 2051. While Niagara Falls is projected to be considerably larger in 2051, the City’s age composition will be greatly different. Figure 2 illustrates that the largest increase in the population will be in the age category 65-100 years. Such a large growth in the senior population will put increased pressure on the City’s services, programs and facilities. Further, the aging population will also have impacts on transportation, housing mix and community design going forward. 1 Source: Stats Canada Population Estimate for Niagara Falls as of July 1, 2022 Table 17-10-0142-01, Population estimates July 1, by Census subdivision, 2016 boundaries. 76,917 78,815 82,184 82,997 88,071 94,415 141,650 1996 2001 2006 2011 2016 2021 2051Population Census Year Niagara Falls Population by Census Year Page 10 of 28 Page 108 of 292 3 Figure 2 Source: Niagara Region Population Projections 2041 (2051 Age-Composition not yet available) Household size in the City of Niagara Falls has decreased over time from 3.0 persons per household in 1996 to 2.5 persons per household as reported in the 2021 Census. The decrease in household size is due to a number of factors that include a slowdown in family formation, an increase in the number of lone parent families and more people living alone. It is expected that this trend will continue into the future and was confirmed in the 2021 Census results. With an ever decreasing household size and the fact that currently 66% (2021 Census data) of all dwellings in Niagara Falls are single detached (consisting of multiple bedrooms), it can be concluded that Niagara Falls is over-housed. The City’s current population of 94,415 people represents a 20% share of Niagara Region’s total population of 477,941 for 2021 (Figure 3.1). The City’s projected population of 141,650 people (Figure 1) will represent 21% of the Region’s 2051 forecasted population of 694,000 people. Generally speaking, the proportion of the City’s population relative to the Niagara Region’s population as a whole through 2051 is expected to remain the same. (Figure 3.2) 0 10,000 20,000 30,000 40,000 0-19 20-39 40-64 65-100Population Age in Years Change in Age Composition by 2041 2016 2041 Figure 3.2 Source: Niagara Region, Growth Forecast 2051 Figure 3.1 Source: Niagara Region, Growth Forecast 2051 Page 11 of 28 Page 109 of 292 4 Page 12 of 28 Page 110 of 292 5 SECTION 2 BUILDING PERMIT ACTIVITY RESIDENTIAL CONSTRUCTION Building permit activity is a standard indicator of local investment and local economic activity. Under Bill 23, More Homes Built Faster Act, the Province’s 10 year housing target for Niagara Falls is 8,000 new housing units to be constructed by 2031, which translates into 800 new housing units constructed annually for the next 10 years. On average over the last 10 years, the City has witnessed the construction of only 595 units of housing annually. However, the City has seen a steady increase in the 10 Year Average of housing units constructed since 2016. In recognition of a challenging economic climate where construction financing has become harder to secure, and the costs of carrying much higher while the prices of many raw materials have remained high post-pandemic, the Province has issued the City a modified housing target of 587 new housing units or 80% of the annual target contained in our Housing Pledge. Despite the challenging economic climate, a review of building permit activity shows that the City of Niagara Falls surpassed its Provincially modified 2023 housing target of 587 units with building permits issued for 643 new units of housing. Annual Building Permits by Type Year Single Semi Townhouse Apartment Total 10 Yr Avg 2023 42 8 123 415 588 595 2022 133 10 421 0 564 574 2021 219 62 352 227 860 549 2020 79 6 203 285 573 499 2019 196 16 75 5 292 464 2018 155 38 83 218 494 326 2017 285 38 212 10 545 438 2016 625 2 98 95 820 412 2015 474 4 192 117 787 353 2014 286 24 113 0 423 304 2013 273 22 92 0 385 297 2012 204 16 95 0 315 300 2011 181 6 60 110 357 297 2010 191 12 22 0 225 286 Total 3,343 264 2,141 1,482 7,228 Figure 3 Source: Niagara Falls Building Permits, 2023 For an accurate year to year comparison, the 55 shelter beds at 5925 Summer Street were not included in Figure 3’s 2023 building permit total thereby resulting in 588 new residential units for 2023. This still Page 13 of 28 Page 111 of 292 6 meets the modified housing target of 587 units, set out by the Province for 2023. Shelter beds were excluded as they do not constitute a permanent housing unit, and generally do not meet the standard of 1 Housing Unit (Sleeping space, sanitary facilities, cooking facilities, private ingress/egress). In summary of Figure 3, in 2023 new residential building permits were issued for: • 42 single detached dwellings • 8 semi detached dwellings • 123 townhouse units • 133 apartment units • 37 accessory dwelling units (basement apartments) (This information has not been reported to CMHC) • 12 conversions as reported by CHMC • 12 apartment units created through renovations in a mixed use setting (This information has not been reported to CMHC) As well, Building staff issued building permits for: • a long-term care centre (6747 Oakwood Drive) 200 rooms/288 beds. (included in Apartment) • a bridge and permanent supportive housing facility at 5017 Victoria Avenue containing 21 residential suites (Included in Apartment) • a homeless shelter located at 5925 Summer Street containing 55 beds (Not included in Figure 3). All together in 2023, 643 new units of housing were created in the municipality. The composition of building permits issued in 2023 was heavily weighted towards apartment and townhouse units that made up 71% and 21% of all permits respectively. Single detached housing made up 7% of all new building permits and semi-detached homes made up just 1%. Townhome and 0%10%20%30%40%50%60%70%80%90%100% 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 Chart Percentage of Annual Residential Building Permits by Type Single Semi Townhouse ApartmentFigure 4 Source: Niagara Falls Building Permits Page 14 of 28 Page 112 of 292 7 apartment development has accelerated in recent years as housing prices have continued to rise, and for many represents the new entry point into the housing market. Single detached housing continues to outpace semi-detached construction as they are generally seen to be more desirable by those already established in the housing market. Another emerging trend in the City is of multi-generational housing. Driven by higher real-estate prices and influenced by practices found in many European and Asian countries (of which contribute a significant portion of Canada’s immigration demographic), homes that house three generations of a family (parents, children, and grandchildren) are considered multigenerational . Across Canada, multigenerational housing has seen a 50% increase since 2001, compared to a 30% increase in the country’s population. Approximately 6% of Canada’s population lives in multigenerational housing as of 2021. Figure 4 shows that over the past 12 years the number of building permits issued has not been consistent however, it is important to note that the rate of growth (10 year average) has continued to accelerate since 2016. In the past, single detached housing has dominated new construction followed by townhouse units. Since 2017, single detached housing has represented a smaller percentage of the total number of residential units built in the City as more semi, townhouse and apartment units have been constructed. It is anticipated that as the cost of land rises along with the cost of new housing, this will continue to reduce the proportion of single detached dwellings constructed in the City. (Figures 5 & 6) Figure 5 Source: Niagara Falls Building Permits, 2023 0 100 200 300 400 500 600 700 800 900 1000 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 Number of UnitsYearAnnual Residential Building Permits by Type Single Semi Townhouse Apartment Page 15 of 28 Page 113 of 292 8 Affordable Housing The City’s housing strategy has set a target that 40% of the new housing to be built annually be affordable to households in the moderate to high income earning brackets, with a household income not more than $103,572 per year. Housing units affordable to this income bracket are priced below $539,460 (The affordable units that are being proposed would all be categorized as being affordable to those in the higher moderate income brackets). Affordability is currently assessed by the value of the construction permits provided by the builder. There is a lack of reliable sources that track the sale prices of new-build only residential sales. With respect to the construction of housing deemed to be affordable, Q3 and Q4 of 2023 showed that approximately 97.5% of townhome and apartment new build construction permits could be categorized as affordable housing for moderate income households (earning between $95,900 - $103,572 annually). In order to meet this criterion, the value of the new build construction must be equal to or less than $539,460. Beginning in the first quarter of 2024, staff will use construction values provided by the Ontario Large Municipalities Chief Building Officials (OLMCBO) to better assess the affordability of new construction homes. The OLMCBO will provide valuations closer to the actual sale price of new construction homes. With Niagara Region’s approval of the City’s’ new Housing policies in the first quarter of 2023, Development staff have been recording the number of potential affordable housing units contained in planning applications. In 2023, it was calculated that approximately 1,603 proposed housing units were considered to be affordable. NEW RESIDENTIAL STARTS AND COMPLETIONS Housing starts are the beginning of the housing construction cycle and completions are the end of the construction cycle. As detailed earlier in this report, there has been multiple categories of housing starts not reported by CMHC. CMHC focusses on new-build developments, thus the CHMC reported starts number (i.e. 389 units) does not align with the true number of new housing production that has occurred in Niagara Falls in 2023. For example, their report lacks the numbers of additional dwelling units created through. basement apartments or existing residential structures who add more housing units through renovations, such as apartments units created above a retail store. Other housing projects, such as long-term care shelters, or other similar care and housing projects are not included in CMHC reporting. Across Canada, housing starts in general for 2023 have been down and the overall decrease in Canadian housing starts can be attributed to the economic factors of high interest rates and inflation suppressing the demand for new housing. Further labour shortages in the construction industry are impacting housing starts. In Niagara Falls, residential starts can be expected to increase in 2024 and beyond as interest rates are expected to ease and the City aggressively moves towards achieving the target of 800 new housing units per year as set out in our Municipal Housing Pledge. Residential completions fell in 2023 from 2022’s completion number. 2023 saw 590 completions of all types, compared to 2022’s 846 completed units. Page 16 of 28 Page 114 of 292 9 Figure 6 Source: CMHC Reported Units, 2023 0 200 400 600 800 1000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023UNITS YEAR RESIDENTIAL STARTS AND COMPLETIONS (ALL TYPES) Starts Completions Page 17 of 28 Page 115 of 292 10 INDUSTRIAL/COMMERCIAL/INSTITUTIONAL (ICI) CONSTRUCTION The City experienced a small decrease in in the value of new ICI construction with a value of $23.0 million, which is a slight decrease from 2022’s $24.8 million. This represents about a 7% decrease in new ICI construction value. These numbers show a trend of new ICI construction returning to pre- 2019 peak levels. This is not concerning as two key high value projects resulted in higher than typical ICI construction values in 2019 and 2020 with the construction of the OLG Stage at Fallsview Casino and the construction of Costco in 2019 and 2020, respectively. ICI construction is expected to increase in the future as the city continues to grow and the economy diversifies. Figure 7 Source: Niagara Falls Building Permits, 2023 A further breakdown of the ICI permits shows that in 2023 the total value of Industrial construction was $13.5 million, a 23% decrease from 2022’s $17.5 million. In 2023, this construction is broken down into $8.8 million in new construction, and $4.8 million for renovations and alterations to existing industrial structures. For commercial uses, 2023 saw a total $18.4 million, a 41% decrease from 2022’s $31 million. Broken down further, in 2023 new construction commercial was $725,000, and renovations and alterations to existing commercial uses had a value of $17.7 million. For institutional uses, 2023 saw a total value of permits of $18.1 million, a 30% increase from 2022’s value of $14 million. Broken down further, the value of new construction institutional uses in 2023 was $13.5 million, and renovations and alterations to existing institutional uses was $4.6 million. Overall, this is a 20% decrease to the total value of ICI permits from 2022. (Figure 12) $0.00 $20,000,000.00 $40,000,000.00 $60,000,000.00 $80,000,000.00 $100,000,000.00 $120,000,000.00 $140,000,000.00 $160,000,000.00 2017 2018 2019 2020 2021 2022 2023 Industrial/Commercial/Institutional Building Permit Values Page 18 of 28 Page 116 of 292 11 ICI Construction Permits: New vs. Alterations, 2022 vs. 2023 New Construction 2023 Reno/Alt 2023 All Construction 2023 New Construction 2022 Reno/Alt 2022 All Construction 2022 % Change Industrial $8,750,000 $4,765,000 $13,515,000 $15,000,000 $2,500,000 $17,500,000 -23% Commercial $725,000 $17,693,370 $18,418,370 $5,900,000 $25,100,000 $31,000,000 -41% Institutional $13,510,000 $ 4,628,600 $18,138,600 $3,400,000 $10,600,000 $14,000,000 30% Total $22,985,000 $27,086,970 $50,071,970 $24,300,000.00 $38,200,000.00 $62,500,000.00 -20% Figure 9 Source: Niagara Falls Building Permits, 2023 2023 Top Industrial/Commercial/Institutional Building Permits Project Building Construction Permit Value Hospital Foundation Permit $9.9 M 6380 Fallsview Blvd – Casino Renovation $5 M 9061 Garner Rd – New Industrial Building $5 M Figure 10 Source: Niagara Falls Building Permits, 2023 TOTAL BUILDING PERMIT ACTIVITY: NEW AND ALL CONSTRUCTION The total value of new construction activity in the City in 2023 was $133.4 million (Figure 11) which is 39% lower than the 2022 value of $218.6 million. In 2023, residential construction represented 83% of the total value of new construction, followed by institutional at 10% ($13.5 million), industrial at 7% ($8.8 million), and commercial at 1% ($725,000). Comparing 2023 against 2022, residential new construction made up a similar proportion of new construction value, as did industrial. Page 19 of 28 Page 117 of 292 12 Figure 11 Source: Niagara Falls Building Permits, 2023 In comparison, the total value of all construction in Niagara Falls which includes new builds, additions and renovations was $177 million (Figure 12) a 35% decrease compared to $274 million recorded in 2022. Residential construction activity represented the largest proportion at 71% ($126 million), commercial at 10% ($18.4 million), industrial at 8% ($13.5 million), and institutional at 10% ($18.1 million). Since the peak value of $313 million recorded in 2021, the value of construction activity has decreased in both 2022 and 2023. The lower value of construction activity is likely caused by the weight of higher interest rates that are slowing economic growth and more specifically construction activity. As well, with the completion of major projects in 2019 and 2020 (Costco, OLG Fallsview), construction values have returned to their pre-2019 trajectory. Figure 12 Source: Niagara Falls Building Permits, 2023 $8,750,000.00 $725,000.00 $13,510,000.00 $110,226,599.90 2023 New Construction Industrial Commercial Institutional Residential $13,515,000.00 $18,418,370.00 $18,138,600.00 $126,691,895.90 2023 All Construction Industrial Commercial Institutional Residential Page 20 of 28 Page 118 of 292 13 SECTION 3 REAL ESTATE AND RENTAL MARKET RESIDENTIAL REAL ESTATE MARKET The real estate market in Niagara Falls weakened in 2023 with a 11% decrease in the average price for residential real estate. The average price for a house in Niagara Falls in 2023 was $638,341.67, compared to 2022’s average of $719,366.67, as demonstrated in Figure 13. It is anticipated that housing prices should rebound in 2024, as intra-provincial migration remains strong and that the Bank of Canada has indicated that it will begin to lower the overnight lending rate in the second half of 2024 as inflation cools2, thereby bringing buyers back into the housing market. Figure 13 Source: Niagara Association of Realtors Annual Residential Overview, 2023 VACANCY RATES & AVERAGE RENTAL COSTS The City uses Canadian Mortgage and Housing Corporation (CMHC) data to track vacancy rates for rental housing. Overall, the vacancy rate for Niagara Falls dropped by 0.1% from 2022’s rate of 2.7% to 2.6% in 2023. (Figure 14) CMHC records rental vacancy in Niagara Falls core area, and the remainder of the city. The vacancy rate in the Niagara Falls Core for 2023 was 4.1% and in the remainder it was 1.1%, which averages to a rate of 2.6%. A vacancy rate of 3% is traditionally accepted as a healthy vacancy rate as it provides a sufficient choice of housing for tenants. 2 Source: “Advice for Homeowners after the Bank of Canada rate decision” TD Bank; TD Stories. 0 50 100 150 200 250 300 350 $570,000.00 $580,000.00 $590,000.00 $600,000.00 $610,000.00 $620,000.00 $630,000.00 $640,000.00 $650,000.00 $660,000.00 $670,000.00 New ListingsSales Amount ($)Month 2023 Average Residential Unit Sales to New Listings New Listings Sales amount Page 21 of 28 Page 119 of 292 14 The Core encompasses the downtown and built centre of the city, running along Niagara River Parkway, and River Road until it meets the Power Canal, following the canal until Dunn Street and then meeting with Niagara River Parkway. The Core includes the oldest parts of Niagara Falls, such as the Queen Street downtown area, as well as the newer economic centres, such as Clifton Hill, and the casinos. Significant parts of Lundy’s Lane are also found in the Core. With respect to rents, the average rental cost for a dwelling unit in the Niagara Falls core area was $1,217, with the median rent at $1,237. CMHC estimates that there is an inventory of 1,951 rental units in the Core. For the remainder of the city, the average rental price was $1,343, with a median price of rental for $1,203, and an estimated 1,520 units of rental housing stock. This equates to an average rent across the city of $1,280, and an estimated 3,471 rental units in the city. Specifically for 2-bedroom rental units in the St Catharines-Niagara Census Metropolitan Area (CMA), the average rent was $1,388 in 2023. This is a 10% increase from 2022’s recorded rental average of $1,260. Figure 14 Source: CMHC Rental Market Survey 2023 Vacation Rental Units For Vacation Rental Units (VRUs), in 2023 there was a total of 37 registered VRUs in the city. Of these 37 units, 17 were registered in 2023. As this is a new metric being tracked for 2023, historical data on new and existing VRUs in the city is not accurate enough to warrant inclusion in this report. Going forwards, VRU registrations will be tracked and reported in the quarterly and annual reports on H ousing. SECTION 4 LAND SUPPLY The 2020 Provincial Policy Statement requires at least a 3 year supply of draft approved and registered units with servicing capacity to ensure a healthy supply of soon to be buildable lots. The Niagara Falls Official Plan, through its Growth Objectives, has a similar requirement. DRAFT PLANS OF SUBDIVISION 0% 1% 2% 3% 4% 5% 6% 7% 8% $- $200.00 $400.00 $600.00 $800.00 $1,000.00 $1,200.00 $1,400.00 2015 2016 2017 2018 2019 2020 2021 2022 2023 Vacancy Rate and Average Rent Average Rent Vacancy Rate Page 22 of 28 Page 120 of 292 15 In 2023, three new subdivisions were given draft plan approval, Mewburn (28 units), Grand Niagara (at least 3,558 units), and 9304 McLeod Road (498 units, under appeal). In all draft approved subdivisions (as of December 31, 2023) there are 5,964 units. (Figure 15) With respect to draft approved units, most units are located within the Greenfield Area. Generally speaking, the Greenfield Area for Niagara Falls is predominantly located in the south end of the City. The new Grand Niagara subdivision which proposes 3,558 to 5,387 housing units has not yet provided a definitive lot by lot breakdown of housing types. It should be noted that the majority of the housing proposed in the Grand Niagara Plan would be classified as multiples (i.e. townhouses street and block and apartments). As Grand Niagara has not provided a breakdown of housing units by type, the following numbers are calculated independently of Grand Niagara’s 3,558 units, using a total of 2 ,376 units. Within the Greenfield Area, approximately 46% of the available units were for single detached, 52% were for multiples (townhouses and apartments), and 2% were for semi-detached dwellings. In 2023 there remains one draft approved subdivision for 30 units in the City’s Built-Up area boundary, St Thomas Moore, as seen in Figure 15. DRAFT APPROVED SUBDIVISIONS DECEMBER 2023 SUBDIVISION NAME COMMUNITY NUMBER OF UNITS Built Boundary Single Semi Multiples Total St Thomas More 18 12 30 Total 18 0 12 30 Greenfield Area 1198815 Ontario Inc (Garner Rd) 46 0 23 69 Riverfront Subdivision Drummond 371 0 389 760 Chippawa East Subdivision Chippawa 449 48 429 926 Sodom Road (Polocorp) 18 0 77 95 2700 Mewburn Road 0 0 28 28 9304 McLeod Rd 203 0 295 498 Grand Niagara - - - 3,558 Total 1,087 48 1,241 5,934 TOTAL UNITS 1,105 48 1,253 5,964 Multiples include apartments, townhouses (street and block) Figure 15 Source: Niagara Falls Planning, Building & Development, 2023 REGISTERED PLANS OF SUBDIVISION In 2023, only one new plan of subdivision was registered in Niagara Falls with Garner Place (59M-510) adding 67 new residential units to the total of registered lots. Accordingly, at the end of 2023 there were 944 units available for immediate construction. (Figure 16) Overall, the City has a supply of 944 registered units with 324 units (37%) available in the Built Area Boundary and 539 units (61%) available in Greenfield Areas. NIAGARA FALLS - VACANT LOTS/UNITS IN REGISTERED PLANS - DECEMBER 2022 Page 23 of 28 Page 121 of 292 16 SUBDIVISION NAME COMMUNITY REMAINING UNITS Single Semi Multiple* Total Built Boundary Westway Estates Northwest 0 0 32 32 Williams Subdivision north side Chippawa 4 0 0 4 Golia Estates Stamford 3 0 0 3 Chippawa West Chippawa 33 0 70 103 Optimist Park Stamford 12 0 0 12 Chippawa West Phase 2, Stage 4 Chippawa 2 0 0 2 Terravita Stamford 41 0 0 41 Willoughby Gardens Chippawa 2 0 0 2 Grottola Court Stamford 6 0 0 6 Chippawa West Phase 2, Stage 5 Chippawa 32 56 24 112 Beaver Valley Extension Ph 1 Northwest 0 0 0 0 Beaver Valley Corridor Ph 2 Northwest 7 0 0 7 Total 142 56 126 324 Greenfield Area Neighbourhoods of St. Davids Stamford 8 0 12 20 Deerfield Blocks 274 & 275 Westlane 7 0 0 7 Fernwood Phase 1 Westlane 1 0 0 1 Deerfield Estates Phase 8 Westlane 7 0 0 7 Warren Woods East Westlane 0 0 75 75 Windylane Westlane 4 0 0 4 Fernwood Phase 3 Westlane 18 0 0 18 German Village Westlane 7 0 0 7 Deerfield Estates Phase 10 Westlane 8 0 0 8 Oldfield Estates Phase 1 Drummond 28 0 15 43 Oldfield Estates Phase 2 Drummond 48 0 0 48 Oldfield Estates Phase 3 Drummond 4 0 0 4 Southgate Estates Westlane 6 0 0 6 Warren Woods Phase 5 Westlane 8 0 56 64 Forestview Estates Westlane 6 0 24 30 Splendour Subdivision Westlane 61 16 120 197 Garner Place Westlane 47 16 4 67 Total 268 32 306 606 Agricultural Mingle Subdivision Willoughby 4 0 0 4 Miller Road Estates Willoughby 3 0 0 3 Miller Road Estates South Willoughby 7 0 0 7 Total 14 0 0 14 TOTAL UNITS 424 88 432 944 Figure 16 Source: Niagara Falls Planning, Building & Development, 2023 SHORT TERM LAND SUPPLY Page 24 of 28 Page 122 of 292 17 Based on the housing supply of 6,908 draft approved and registered units divided by the City’s 10-year average Provincial housing target (800 units), the City has an approximate 8.6 year supply of draft and registered approved units. The City’s 8.6 year supply exceeds the minimum requirement of 3 years contained in both the Provincial Policy Statement and the City’s Official Plan. It can be concluded that the City continues to maintain a healthy supply of available land in the form of unbuilt lots/units available for development in the short term. LONG TERM LAND SUPPLY – VACANT LAND The long-term land supply for Niagara Falls includes those lands that are vacant with an approved Official Plan designation yet have no planning permissions. Figure 17 illustrates that there are approximately 1,096 hectares (ha) of vacant land within the City as of December 2023. It is important to note that the vacant land supply was recently bolstered by the addition of the three urban expansion areas (Northwest Niagara Falls, Garner West and Southwest Hospital Secondary Plan) for Niagara Falls identified in the Niagara Region Official Plan. The vacant land supply of 1,096 ha is also reflective of the fact that non-developable features such as Provincially Significant Wetlands, hydro corridors and railways have been excluded. Of the total vacant land supply, 410 ha are for future employment purposes and 687 ha are for future residential purposes. It is important to note that a large percentage of the City’s vacant employment land supply is owned by Cytec and therefore not available to the market. Vacant Land within The City of Niagara Falls: December 2023 Land Use Built Area Boundary (Ha) Designated Greenfield Area (Ha) Total Area (Ha) Employment 162.9 246.9 409.7 Residential 183.9 502.5 686.5 Total 346.8 749.4 1,096.2 Figure 17: Source: Niagara Region, December 2023 INTENSIFICATION RATE Provincial policy requires that municipalities promote intensification to maximize urban designated land and municipal services thereby, reducing the negative impacts of urban sprawl. In keeping with Provincial direction, a percentage of the City’s annual growth must be directed to the Built Area Boundary where new development can take advantage of existing municipal services, the provisio n of public transit, and other existing community infrastructure and services. Page 25 of 28 Page 123 of 292 18 The new Niagara Region Official Plan (approved by the Province in the Fall of 2022) has increased the City’s intensification target from 40% to 50%. Since 2009, the City’s intensification rate has ranged from a high of 77% in 2020 to a low of 11% in 2013. In 2023, most of the new construction residential building permits issued were located within the Built Area Boundary resulting in an intensification rate of 65%. As land and housing prices have increased in recent years, the market is responding with the provision of a broader mix of housing within established residential neighbourhoods. Intensification performance has been tracked since 2009 and as seen on Figure 18, prior to 2020 the municipality has only achieved its 50% intensification target once in 2018. In the past, development has primarily occurred in the City’s existing large Greenfields which can be easier to develop than land within the Built Area Boundary. An intensification rate exceeding the 50% target since 2020 for the last four years shows a continuing upward trend of development occurring within the Built Area Boundary. Even with the increased intensification target number of 50%, the City’s 2022 Housing Needs Study concluded that a significantly higher intensification target would be required to help address housing affordability. A higher intensification target would result in the provision of a broader range of housing opportunities which would help maximize our existing investments in infrastructure, decrease impacts on environmentally sensitive areas and minimize our future consumption of agricultural lands. Figure 18: Source: Niagara Falls Planning, Building & Development, 2023 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Year Annual Intensification Rate Page 26 of 28 Page 124 of 292 19 SECTION 5 STATISTICAL SUMMARY This section provides a statistical summary of Planning and Building activity in 202 3. A general overview of these statistics notes the following: PLANNING SUMMARY • The City surpassed its Provincially modified 2023 housing target of 587 units with building permits issued for 643 new units of housing. • The overall construction value in the City was dominated by Residential construction. • The Real Estate market prices declined likely due to the higher interest rates in 2023 compared to 2022. • The housing supply of 8.6 years continues to exceed the Provincial standard of 3 years. • The City’s intensification rate of 65% also continues to exceed the Regional target of 50%. • Overall, planning applications have increased 25% in 2023 over 2022, and timeline targets were put into force and effect in July of 2023. In 2023, for Zoning By-Law Amendments and Official Plan Amendments which received a decision from Council, 60% were processed within the mandated time windows specified in the Planning Act. For those that did not meet the imposed time standards, the most common note on the file was that multiple resubmissions delayed bringing applications to council. Planning Application Statistics 2023 • Rezoning/Official Plan – 35 • Draft Plans of Subdivision/Condo – 5 • Site Plans – 17 • Minor Variances - 50 • Consents – 19 • Pre-Consultations – 117 BYLAW SUMMARY • By-law services responded to 1,841 complaints which was a slight decrease from 2022 when 1,969 complaints were received. • Property standards complaints were down 11% in 2023 (364) from 2022 (409). • Building Code orders were down in 2023 to 104 from the 146 orders issued in 2022. Page 27 of 28 Page 125 of 292 SECTION 5 BUILDING STATISTICS 20 Portfolio Q1 Q2 Q3 Q4 2023 Total 2022 Total BY-LAW Condition of Yards 104 514 437 31 1,086 1178 Downspouts 8 18 20 1 47 40 Encumbrance 10 28 23 3 64 113 Fence/Hedge 11 37 14 1 63 87 Licenses 5 3 9 1 18 25 Noise 19 40 30 4 93 112 Other 5 16 8 9 38 101 Signs 3 2 2 1 8 21 Zoning 48 151 209 14 422 292 TOTAL 213 799 764 65 1,841 1,696 PROPERTY STANDARDS Orders issued 130 N/A 457 42 629 - Water supply/drainage 16 11 6 7 40 32 Occupancy standards 13 11 18 10 52 82 Other 16 16 27 21 80 103 Tree Issues 3 10 13 6 32 36 Structural/Exterior 14 15 15 15 59 68 Lack of Heat 10 2 1 14 27 27 Zoning/Out buildings 2 6 2 2 12 16 Miscellaneous complaints 9 24 25 4 62 45 TOTAL 83 95 107 79 364 409 BUILDING CODE Orders issued 45 17 62 37 161 116 Building w/out permit n/a (Q1) n/a(Q2) n/a(Q3) 168 168 146 Orders issued 28 3 30 43 104 - RODENT REBATE PROGRAM Forms given out 27 16 n/a 0 43 140 Paid out 16 17 27 18 78 114 CLERKS Calls/Counter 625 1,270 1,270 747 3912 9144 Compliance Letters 28 29 19 30 106 165 FOI requests 10 8 11 3 32 25 Muzzle order appeals 1 0 1 0 2 2 TOTAL 664 1,307 1,301 780 4,052 12,230 Page 28 of 28 Page 126 of 292 CLK-2024-02 Report Report to: Mayor and Council Date: April 9, 2024 Title: Request to Review Applications for Mayor's Accessibility Advisory Committee Recommendation(s) That Council AUTHORIZE the Mayor's Accessibility Advisory Committee to review previously submitted applications to fill 5 vacancies on the committee; and That Council REVIEW the Committee's recommendations at an upcoming Council meeting. Executive Summary The Mayor's Accessibility Committee is a legislated Committee under the Accessibility for Ontarians with Disabilities Act. Due to unforeseen circumstances and withdrawals from the committee, membership has decreased. Therefore, the committee is asking to review the applications that were submitted during the appointment process in February of 2023. Upon review of the interested parties applications, the committee is asking to provide their recommendations to Council for final approval. Background Staff in the Clerk's department will contact the unsuccessful candidates from the February 2023 applications, to determine if they are still interested in participating on the Committee. Once the interested parties are confirmed, the committee will review the applications and determine their recommended selections of those they wish to be on the committee. The names will be presented to Council for final approval. Financial Implications/Budget Impact Review of the previously submitted candidate applications, will require less staff resource in the process. It will also expedite the selection process. Written by: Page 1 of 2 Page 127 of 292 Margaret Corbett, FOI, Records & Elections Officer Julie Ellis, School Crossing Guard Supervisor Jason MacLean, Manager of Client Services Submitted by: Status: Bill Matson, City Clerk Approved - 02 Apr 2024 Jason Burgess, CAO Approved - 03 Apr 2024 Page 2 of 2 Page 128 of 292 F-2024-15 Report Report to: Mayor and Council Date: April 9, 2024 Title: Final Tax Notice Due Dates Recommendation(s) 1. THAT Council APPROVE June 28 and September 30 as the 2024 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. 2. THAT Council APPROVE August 30 and October 31 as the 2024 Final Due Dates for the Commercial, Industrial and Multi-residential Assessment Classes. Executive Summary The City of Niagara Falls is responsible for billing and collecting property taxes on all assessable properties within the municipality. The due dates for final tax billing must be approved by Council pursuant to the Municipal Act. Staff is recommending that due dates for the Residential, Pipeline, Farmland and Managed Forest property classes be June 28 and September 30 and the due dates for the Commercial, Industrial and Multi- residential classes be August 30 and October 31. Financial Implications/Budget Impact These annual billings include the annual taxes for the City, for the Region of Niagara and the appropriate local school boards. Due dates for property taxes are set to coincide with the quarterly levy payments made to the Region and the school boards. Written by: Amber Ferguson, Manager of Revenue Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 29 Mar 2024 Shelley Darlington, General Manager of Corporate Services Approved - 02 Apr 2024 Jason Burgess, CAO Approved - 02 Apr Page 1 of 2 Page 129 of 292 2024 Page 2 of 2 Page 130 of 292 F-2024-16 Report Report to: Mayor and Council Date: April 9, 2024 Title: 2024 Property Tax Rates Recommendation(s) That Council APPROVE the 2024 Property Tax Rates as illustrated in attachments 1 through 3. Executive Summary The municipality must have the annual tax rates approved prior to providing rate payers with final tax bills. The 2024 Mayor's Proposed Tax Levy Supported Operating Budget was deemed adopted on January 23, 2024. An annual general tax levy of $89,505,600 was approved at this time. The City’s tax rates included in attachment 1 of this report reflect the approved General Tax Levy, the existing 1.5% Capital Levy and the Urban Service Area Levy (Transit (WEGO), Sidewalks and Storm). The regional, transit, school and waste management rates included in attachment 2 have been provided by the responsible level of government and are also included in the schedule. Attachment 3 is an illustration of total tax rates for City (including Urban Service Area Levy), Region and Province (Education). The appropriations and levying by-law is prepared for Council’s adoption, should Council approve the recommendation. This by-law authorizes the preparation and sending of final tax notices. Appendix A of the by-law shows the summary of tax rates for each classification and for all levies. Background The Regional Municipality of Niagara has approved the 2024 tax ratios and tax rates. In addition, the Province of Ontario has established educational rates for 2024. The City is now in the position to establish total tax rates and to proceed with the Final 2024 billing. Financial Implications/Budget Impact City of Niagara Falls Tax Rates (attachment 1) The 2024 tax levy is $89,505,600.  the General taxation portion of this total levy is $85,277,333; Page 1 of 7 Page 131 of 292  the Urban Service Area taxation portion is $2,936,727 (Transit - WEGO, Sidewalks and Storm) and  the Capital Levy taxation portion amounts to $1,291,540 (1.5% of 2023 tax levy - $86,102,686) Corresponding tax rates based on these levies are provided in Attachment 1. Region Tax Rates (attachment 2) The Region of Niagara has a general taxation levy, waste management levy and transit levy for the City of Niagara Falls. The Region has provided the costs for these services for 2024 to the City. For the City of Niagara Falls the annual cost of the general upper tier levy used to determine the region rates for 2024 is $100,859,188. The annual cost of waste management used to determine the rates for 2024 is $8,813,680. The annual cost of transit services used to determine the rates for 2024 is $15,595,172. To fund these expenses, the City collects the taxes from the residents using a separate tax rate for each levy. Attachment 2 provides a comparison of the regional tax rates used in 2023 to the recommended rates for 2024. Total Tax Rates - including Urban Service Area Levy (attachment 3) Attachment 3 is a comparison of total tax rates used in 2023 compared to the recommended rates for 2024. List of Attachments F-2024-16 Attachment 1 - City Tax Rates F-2024-16 Attachment 2 - Region Tax Rates F-2024-16 Attachment 3 - Total Tax Rates Written by: Amber Ferguson, Manager of Revenue Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 02 Apr 2024 Shelley Darlington, General Manager of Corporate Services Approved - 03 Apr 2024 Jason Burgess, CAO Approved - 03 Apr 2024 Page 2 of 7 Page 132 of 292 Attachment 1 F-2024-16 April 9, 2024 Tax Rates - City of Niagara Falls (including Urban Service Area Levy) Property Class General Levy Urban Service Area Levy Capital Levy Total City Tax Rate General Levy Urban Service Area Levy Capital Levy Total City Tax Rate General Levy Urban Service Area Levy Capital Levy Total City Tax Rate Residential 0.542281%0.020869%0.007718%0.570868%0.563202%0.020484%0.008530%0.592216%3.9%(1.8)%10.5%3.74% Multi-Residential 1.068294%0.041112%0.015205%1.124611%1.109509%0.040353%0.016804%1.166666%3.9%(1.8)%10.5%3.74% New Multi-Residential 0.542281%0.020869%0.007718%0.570868%0.563202%0.020484%0.008530%0.592216%3.9%(1.8)%10.5%3.74% Commercial - Occupied 0.940804%0.036206%0.013390%0.990400%0.977100%0.035537%0.014798%1.027435%3.9%(1.8)%10.5%3.74% - Excess Land 0.870243%0.033490%0.012386%0.916119%0.977100%0.035537%0.014798%1.027435%12.3%6.1%19.5%12.15% - Vacant Land 0.870243%0.033490%0.012386%0.916119%0.977100%0.035537%0.014798%1.027435%12.3%6.1%19.5%12.15% Commercial Other - Occupied 0.940804%0.036206%0.013390%0.990400%0.977100%0.035537%0.014798%1.027435%3.9%(1.8)%10.5%3.74% - Excess Land 0.870243%0.033490%0.012386%0.916119%0.977100%0.035537%0.014798%1.027435%12.3%6.1%19.5%12.15% Landfill 1.594448%N/A 0.022693%1.617141%1.655962%N/A 0.025080%1.681042%3.9%N/A 10.5%3.95% Industrial 1.426200%0.054886%0.020298%1.501384%1.481222%0.053872%0.022433%1.557527%3.9%(1.8)%10.5%3.74% - Excess Land 1.319235%0.050769%0.018776%1.388780%1.481222%0.053872%0.022433%1.557527%12.3%6.1%19.5%12.15% - Vacant Land 1.319235%0.050769%0.018776%1.388780%1.481222%0.053872%0.022433%1.557527%12.3%6.1%19.5%12.15% Pipelines 0.923017%0.035521%0.013137%0.971675%0.958627%0.034865%0.014519%1.008011%3.9%(1.8)%10.5%3.74% Farmland 0.135570%0.005217%0.001930%0.142717%0.140801%0.005121%0.002132%0.148054%3.9%(1.8)%10.5%3.74% Managed Forest 0.135570%0.005217%0.001930%0.142717%0.140801%0.005121%0.002132%0.148054%3.9%(1.8)%10.5%3.74% Farmland Awaiting Development I 0.406711%0.015652%0.005789%0.428152%0.422402%0.015363%0.006397%0.444162%3.9%(1.8)%10.5%3.74% 2023 2024 Year over Year % Change Page 3 of 7Page 133 of 292 Attachment 1 F-2024-16 April 9, 2024 Tax Rates - City of Niagara Falls (excluding Urban Service Area Levy) Property Class General Levy Capital Levy Total City Tax Rate General Levy Capital Levy Total City Tax Rate General Levy Capital Levy Total City Tax Rate Residential 0.542281%0.007718%0.549999%0.563202%0.008530%0.571732%3.9%10.5%3.95% Multi-Residential 1.068294%0.015205%1.083499%1.109509%0.016804%1.126313%3.9%10.5%3.95% New Multi-Residential 0.542281%0.007718%0.549999%0.563202%0.008530%0.571732%3.9%10.5%3.95% Commercial - Occupied 0.940804%0.013390%0.954194%0.977100%0.014798%0.991898%3.9%10.5%3.95% - Excess Land 0.870243%0.012386%0.882629%0.977100%0.014798%0.991898%12.3%19.5%12.38% - Vacant Land 0.870243%0.012386%0.882629%0.977100%0.014798%0.991898%12.3%19.5%12.38% Commercial Other - Occupied 0.940804%0.013390%0.954194%0.977100%0.014798%0.991898%3.9%10.5%3.95% - Excess Land 0.870243%0.012386%0.882629%0.977100%0.014798%0.991898%12.3%19.5%12.38% Landfill 1.594448%0.022693%1.617141%1.655962%0.025080%1.681042%3.9%10.5%3.95% Industrial 1.426200%0.020298%1.446498%1.481222%0.022433%1.503655%3.9%10.5%3.95% - Excess Land 1.319235%0.018776%1.338011%1.481222%0.022433%1.503655%12.3%19.5%12.38% - Vacant Land 1.319235%0.018776%1.338011%1.481222%0.022433%1.503655%12.3%19.5%12.38% Pipelines 0.923017%0.013137%0.936154%0.958627%0.014519%0.973146%3.9%10.5%3.95% Farmland 0.135570%0.001930%0.137500%0.140801%0.002132%0.142933%3.9%10.5%3.95% Managed Forest 0.135570%0.001930%0.137500%0.140801%0.002132%0.142933%3.9%10.5%3.95% Farmland Awaiting Development I 0.406711%0.005789%0.412500%0.422402%0.006397%0.428799%3.9%10.5%3.95% 2023 2024 Year over Year % Change Page 4 of 7Page 134 of 292 Attachment 2 F-2024-16 April 9, 2024 Property Class Region General Tax Rate Waste Mgmt Tax Rate Transit Tax Rate Total Region Tax Rate Region General Tax Rate Waste Mgmt Tax Rate Transit Tax Rate Total Region Tax Rate Region General Tax Rate Waste Mgmt Tax Rate Transit Tax Rate Total Region Tax Rate Residential 0.623692%0.059865%0.097638%0.781195%0.666111%0.058209%0.102996%0.827316%6.8%(2.8)%5.5%5.9% Multi-Residential 1.228673%0.117934%0.192347%1.538954%1.312239%0.114672%0.202902%1.629813%6.8%(2.8)%5.5%5.9% New Multi-Residential 0.623692%0.059865%0.097638%0.781195%0.666111%0.058209%0.102996%0.827316%6.8%(2.8)%5.5%5.9% Commercial - Occupied 1.082043%0.103860%0.169392%1.355295%1.155636%0.100987%0.178688%1.435311%6.8%(2.8)%5.5%5.9% - Excess Land 1.000890%0.096070%0.156688%1.253648%1.155636%0.100987%0.178688%1.435311%15.5%5.1%14.0%14.5% - Vacant Land 1.000890%0.096070%0.156688%1.253648%1.155636%0.100987%0.178688%1.435311%15.5%5.1%14.0%14.5% Commercial Other - Occupied 1.082043%0.103860%0.169392%1.355295%1.155636%0.100987%0.178688%1.435311%6.8%(2.8)%5.5%5.9% - Excess Land 1.000890%0.096070%0.156688%1.253648%1.155636%0.100987%0.178688%1.435311%15.5%5.1%14.0%14.5% Landfill 1.833817%0.176019%0.287081%2.296917%1.958540%0.171150%0.302835%2.432525%6.8%(2.8)%5.5%5.9% Industrial 1.640310%0.157445%0.256788%2.054543%1.751872%0.153090%0.270879%2.175841%6.8%(2.8)%5.5%5.9% Industrial - Excess Land 1.517287%0.145637%0.237529%1.900453%1.751872%0.153090%0.270879%2.175841%15.5%5.1%14.0%14.5% Industrial - Vacant Land 1.517287%0.145637%0.237529%1.900453%1.751872%0.153090%0.270879%2.175841%15.5%5.1%14.0%14.5% Pipelines 1.061586%0.101896%0.166190%1.329672%1.133788%0.099078%0.175309%1.408175%6.8%(2.8)%5.5%5.9% Farmlands 0.155923%0.014966%0.024410%0.195299%0.166528%0.014552%0.025749%0.206829%6.8%(2.8)%5.5%5.9% Managed Forests 0.155923%0.014966%0.024410%0.195299%0.166528%0.014552%0.025749%0.206829%6.8%(2.8)%5.5%5.9% Farmland Awaiting Development I 0.467769%0.044899%0.073229%0.585897%0.499583%0.043657%0.077247%0.620487%6.8%(2.8)%5.5%5.9% 2023 2024 Tax Rates - Region of Niagara Year over Year % Change Page 5 of 7Page 135 of 292 Attachment 3 F-2024-16 April 9, 2024 Total Tax Rates - (including City of NF Urban Service Area Levy) Property Class City Region School Total Tax Rate City Region School Total Tax Rate City Region School Total Tax Rate Residential 0.570868%0.781195%0.153000%1.505063%0.592216%0.827316%0.153000%1.572532%3.7%5.9%0.0%4.5% Multi-Residential 1.124611%1.538954%0.153000%2.816565%1.166666%1.629813%0.153000%2.949479%3.7%5.9%0.0%4.7% New Multi-Residential 0.570868%0.781195%0.153000%1.505063%0.592216%0.827316%0.153000%1.572532%3.7%5.9%0.0%4.5% Commercial - Occupied 0.990400%1.355295%0.880000%3.225695%1.027435%1.435311%0.880000%3.342746%3.7%5.9%0.0%3.6% - Excess Land 0.916119%1.253648%0.880000%3.049767%1.027435%1.435311%0.880000%3.342746%12.2%14.5%0.0%9.6% - Vacant Land 0.916119%1.253648%0.880000%3.049767%1.027435%1.435311%0.880000%3.342746%12.2%14.5%0.0%9.6% Commercial Other - Occupied 0.990400%1.355295%0.880000%3.225695%1.027435%1.435311%0.880000%3.342746%3.7%5.9%0.0%3.6% - Excess Land 0.916119%1.253648%0.880000%3.049767%1.027435%1.435311%0.880000%3.342746%12.2%14.5%0.0%9.6% Landfill 1.617141%2.296917%0.880000%4.794058%1.681042%2.432525%0.880000%4.993567%4.0%5.9%0.0%4.2% Industrial 1.501384%2.054543%0.880000%4.435927%1.557527%2.175841%0.880000%4.613368%3.7%5.9%0.0%4.0% - Excess Land 1.388780%1.900453%0.880000%4.169233%1.557527%2.175841%0.880000%4.613368%12.2%14.5%0.0%10.7% - Vacant Land 1.388780%1.900453%0.880000%4.169233%1.557527%2.175841%0.880000%4.613368%12.2%14.5%0.0%10.7% Pipelines 0.971675%1.329672%0.880000%3.181347%1.008011%1.408175%0.880000%3.296186%3.7%5.9%0.0%3.6% Farmland 0.142717%0.195299%0.038250%0.376266%0.148054%0.206829%0.038250%0.393133%3.7%5.9%0.0%4.5% Managed Forest 0.142717%0.195299%0.038250%0.376266%0.148054%0.206829%0.038250%0.393133%3.7%5.9%0.0%4.5% Farmland Awaiting Development I 0.428152%0.585897%0.114750%1.128799%0.444162%0.620487%0.114750%1.179399%3.7%5.9%0.0%4.5% 2023 2024 Year over Year % Change Page 6 of 7Page 136 of 292 Attachment 3 F-2024-16 April 9, 2024 Total Tax Rates - (excluding City of NF Urban Service Area Levy) Property Class City Region School Total Tax Rate City Region School Total Tax Rate City Region School Total Tax Rate Residential 0.549999%0.781195%0.153000%1.484194%0.571732%0.827316%0.153000%1.552048%4.0%5.9%0.0%4.6% Multi-Residential 1.083499%1.538954%0.153000%2.775453%1.126313%1.629813%0.153000%2.909126%4.0%5.9%0.0%4.8% New Multi-Residential 0.549999%0.781195%0.153000%1.484194%0.571732%0.827316%0.153000%1.552048%4.0%5.9%0.0%4.6% Commercial - Occupied 0.954194%1.355295%0.880000%3.189489%0.991898%1.435311%0.880000%3.307209%4.0%5.9%0.0%3.7% - Excess Land 0.882629%1.253648%0.880000%3.016277%0.991898%1.435311%0.880000%3.307209%12.4%14.5%0.0%9.6% - Vacant Land 0.882629%1.253648%0.880000%3.016277%0.991898%1.435311%0.880000%3.307209%12.4%14.5%0.0%9.6% Commercial Other - Occupied 0.954194%1.355295%0.880000%3.189489%0.991898%1.435311%0.880000%3.307209%4.0%5.9%0.0%3.7% - Excess Land 0.882629%1.253648%0.880000%3.016277%0.991898%1.435311%0.880000%3.307209%12.4%14.5%0.0%9.6% Landfill 1.617141%2.296917%0.880000%4.794058%1.681042%2.432525%0.880000%4.993567%4.0%5.9%0.0%4.2% Industrial 1.446498%2.054543%0.880000%4.381041%1.503655%2.175841%0.880000%4.559496%4.0%5.9%0.0%4.1% - Excess Land 1.338011%1.900453%0.880000%4.118464%1.503655%2.175841%0.880000%4.559496%12.4%14.5%0.0%10.7% - Vacant Land 1.338011%1.900453%0.880000%4.118464%1.503655%2.175841%0.880000%4.559496%12.4%14.5%0.0%10.7% Pipelines 0.936154%1.329672%0.880000%3.145826%0.973146%1.408175%0.880000%3.261321%4.0%5.9%0.0%3.7% Farmland 0.137500%0.195299%0.038250%0.371048%0.142933%0.206829%0.038250%0.388012%4.0%5.9%0.0%4.6% Managed Forest 0.137500%0.195299%0.038250%0.371049%0.142933%0.206829%0.038250%0.388012%4.0%5.9%0.0%4.6% Farmland Awaiting Development I 0.412500%0.585897%0.114750%1.113147%0.428799%0.620487%0.114750%1.164036%4.0%5.9%0.0%4.6% 2023 2024 Year over Year % Change Page 7 of 7Page 137 of 292 R&C-2024-04 Report Report to: Mayor and Council Date: April 9, 2024 Title: 2023 Annual Update from the Culture Section Recommendation(s) THAT Council receive report R&C 2024-04 for information. Executive Summary The Culture Section of the Recreation & Culture Department is responsible for three municipally operated Museums, the Farmers’ Market and Cultural initiatives throughout the City. The Culture Section works with the Niagara Falls Culture Committee to deliver additional events, grant programmes and awards to the cultural community. This report is a summary of the actions of the section in 2023 and it is required by some of our funding bodies that such reports are submitted to Council. Staff of the Culture Section have put together annual reviews for many years and have provided these to council for information purposes in the past. This report provides Council with an update on some of the work completed by the Culture Section in 2023. Background Annually, Culture staff meet to pull together a summary of previous activities. This provides perspective on what has occurred and also provides direction on what is to come. This summary is a result of that meeting and the work of the Cultural team. Analysis This meets the requirements of provincial funding bodies to ensure that Council is aware of the work of the Culture Section. Financial Implications/Budget Impact There are no current financial, staffing or legal implications with this report. Strategic/Departmental Alignment Page 1 of 19 Page 138 of 292 The City of Niagara Falls is committed to building and promoting a vibrant, sustainable City that supports an active, connected, and creative community. Through culture, the City can stimulate a sense of pride and commitment from residents and visitors to the City of Niagara Falls. List of Attachments 2023 annual report (2) Written by: Clark Bernat, Culture & Museums Manager Submitted by: Status: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Approved - 27 Mar 2024 Jason Burgess, CAO Approved - 01 Apr 2024 Page 2 of 19 Page 139 of 292 A N N U A L R E P O R T 2 0 2 3 C U L T U R E S E C T I O N C I T Y O F N I A G A R A F A L L S Page 3 of 19 Page 140 of 292 Programmes Outreach Exhibitions Collections C I T Y O F N I A G A R A F A L L S M U S E U M S We are a team of staff and volunteers who are resourceful and enthusiastic in telling the stories and preserving the culture and history of Niagara Falls. We are dedicated to promoting pride of place and engaging the community. Through awareness, participation, and engagement we are the centre for historical and cultural activities in Niagara Falls. 2023 PAGE 2 Page 4 of 19 Page 141 of 292 B Y T H E N U M B E R S ... UP FROM OUR LAST YEAR OF UNINTERUPTED PROGRAMMING IN 2019 2023 PAGE 3 V I S I T A T I O N - 2 1 % M E M B E R S H I P - 2 5 % R E V E N U E - 5 8 %G I F T S H O P S A L E S - 4 6 % Page 5 of 19 Page 142 of 292 E D U C A T I O N A L T O U R S & P R O G R A M M E S 2023: First FULL year of programmes and events since the COVID 19 pandemic This year we welcomed back the old and rang in some new... NI A G A R A W AL K S Eight weeks of staff-led historical neighborhood tours. 22 tours SCH OOL TO U RS Tour Groups joined us from across Canada & the USA. 1661 visitors O U T R E ACH Taking our team on the road to share history and stories. 117 visitors 2023 PAGE 4 E D U C ATI O N A L PR OG RA MMES War of 1812, Daredevils, Tourism, Bridges, and more. 198 visitors C EM ET E R Y TO URS Costumed tours in the historic Drummondville Cemetery. 180 visitors Page 6 of 19 Page 143 of 292 F A MI L Y DAY Earth Rangers sponsored by Ontario Power Generation. 912 visitors P R O G R A M M E S & E V E N T S 2023: First FULL year of programmes and events since the pandemic This year we welcomed back the old and rang in some new... M AR C H BR EA K & P D DAY S Mad Science, Scoop McCoy, Club Rex, & Reptile Kingdom. 1189 visitors CO RONAT ION TE A Classic afternoon tea for the Coronation of King Charles III. 90 visitors CA NA D A D A Y Reptile Kingdom. 402 visitors COMM U N I TY A R T PR OJE C T Eighth annual summer community art project. 6 nights and 300 pieces of art 2023 PAGE 5 Page 7 of 19 Page 144 of 292 E X H I B I T I O N S TOOLS OF TOOLS January - April Our first exhibition of 2023 welcomed artist Wayne Moore’s “Tool of Tools” collection to the Ontario Power Generation Gallery. Drawing inspiration from different interactions and movements in our everyday lives, “Tools of Tools” highlights Niagara’s community, culture, and connectivity. This empowering collection of 25 large-scale pieces encourages authentic conversations, reflecting on the most frequently symbolized components of the human body and human interaction. 2023 PAGE 6 Page 8 of 19 Page 145 of 292 E X H I B I T I O N S HUMAN NATURE May - December Scientific evidence shows us that human-made climate change threatens life on this planet. The artefact collections of the Niagara Falls Museums illustrate times of balance and times of imbalance for humans. These objects help us to think of our place on Earth as just one of many species and the impact that we have. Forging a new way together using Traditional Ecological Knowledge and Science, we can create a hopeful vision for a sustainable future. 2023 PAGE 7 Page 9 of 19 Page 146 of 292 C O L L E C T I O N S H I G H L I G H T S 20 2 3 DON AT I ON S Sir Harry Oakes - Dinning Chair 2023.023.014 Chair owned by Harry Oakes. Oakes is noted to this day by Niagara residents for his generosity to the community. He was well known for creating jobs and establishing parkland. 2023 PAGE 8 Shelly Gautier - Cycling Jersey 2023.018 Shelly is a Niagara Falls medal holder for multiple World Championships and Paralympic Games. She is the first Canadian to medal in cycling at the Paralympics and the first Niagara Falls athlete to medal in any Paralympic sport. Page 10 of 19 Page 147 of 292 Programmes Installations Initiatives Funding Programmes C U L T U R E Focus by the team was building capacity to open up the Niagara Falls Exchange. As construction continued to progress. The team shifted priorities into community programming or maximizing opportunites for the future. The team also supported many community activities through the Cultural Development Fund, and the Allister Young Endowment Fund. 2023 PAGE 9 Page 11 of 19 Page 148 of 292 M A R K E T H A L L I N S T A L L A T I O N “E C H O F L O W ” B Y B R A I N K I T E BrainKite’s pinwheel-based sculpture stands as a kinetic testament to the intricate dance of life within the Niagara region’s river system. Through its dynamic form and graceful rotations, it captures the essence of the interconnected, waterways, embodying the perpetual flow and harmony of nature that defines this picturesque corner of Ontario, Canada. P I C N I C T A B L E A R T 6 local artists young and older were adjudicated to create colourful designs on the tables for the Exchange using the Exchange colours. 2023 PAGE 10 Page 12 of 19 Page 149 of 292 2023 PAGE 11 Y A R D B O M B Joanne Ring Engaged the textile communities and introduced many newcomers to textile arts. Has created stunning installations that will continue indoors and outside at the Exchange and Museum over 2023-24. C H R I S T M A S N O W A N D T H E N Glissandi Live classical music with Shaw Festival alumni Guy Bannerman as narrator. It was well attended. Filling a void for local classical needs. T R A I L M I X An auditory accompaniment to your walk along the Millenium Trail. In 2023 the trails were expanded and more Niagara Falls artists were engaged to share music, comedy and spoken word recordings. 40 artists and groups were engaged, including Ashley Sienna who is a 20 year old songwriter. Ashley crafts moody alt pop songs about manifesting her dreams into reality. She now has almost 14 million views on YouTube. Page 13 of 19 Page 150 of 292 2023 PAGE 12 C U L T U R E ARTS BASED PROGRAMMING Despite facing some setbacks in 2023 due to the delayed construction of the Exchange, we remained committed to providing our community in Niagara Falls with engaging and dynamic programming. From trivia nights to watercolour classes, stained glass, pottery classes, and floral workshops, we made sure to offer a diverse selection of activities that would appeal to a wide range of interests. Despite the ups and downs of the year, we're proud to have created a community space that offered something for everyone. Page 14 of 19 Page 151 of 292 2023 PAGE 13 NIAGARA FALLS NIGHT OF ART By providing the event we are attracting and assisting more artists to create immersive work that is consumable, in an event setting, providing them much needed experience exposure and connection to the Niagara artistic community. Page 15 of 19 Page 152 of 292 ALL I S T ER Y OU N G E N D O W M E N T F U N D Eve Atoms N I A G A R A F A L L S C U L T U A L D E V E L O P M E N T F U N D LUCKY'S LENSES Anthony Stracuzzi MIDNIGHT RADIO: A ROCK MUSICAL CABARET Jessie Lamoth PROTOTYPE Art Niagara BLANK SLATE Adam Buller CARIFALLS Majestic Multicultural Events Inc. HEARTLAND BEAT DRUM CIRCLE Eve Atoms NIAGARA FALLS ZINE PROJECT Katie Mazi NIAGARA IRISH FESTIVAL 2023 Irish Music Niagara ONE BIG DAY FESTIVAL Matt Anthony Guarasci REWILD THESE HANDS Harmonic Shadow Circus ROCKY HORROR PICTURE SHOW Niagara Falls Art Gallery THE HISTORY WE MADE: BRINGING OUR STORIES HOME Daniel Hummel 2023 PAGE 14 Page 16 of 19 Page 153 of 292 M O R E C U L T U R E 2023 PAGE 15 Page 17 of 19 Page 154 of 292 2023 PAGE 16 F A R M E R S M A R K E T The Niagara Falls Farmers’ Market - beyond just produce The Farmers’ Market remained true to its promise of providing a reliable and steady source of locally farmed healthy and fresh fruits, vegetables, flowers and other produce. Beyond this the market provided local bakers, food producers, and artisans an avenue to bring their products to the community that they call home. The Market always goes past just a place to buy and sell though - throughout the season, the Niagara Falls Farmers’ Market hosted various local singers and performers while providing them a stage to share their talents, as well as partnering with local community and charity organizations to help raise funds and donations for their worthy causes. This year, presented a challenge in terms of uncertainty about moving to the new Exchange location, however the resilience of our market vendors and community was evident in the numbers that attended the market week after week and month after month totaling well over 26,000. The outlook for 2024 market season is very promising as we have moved our operations back to the Market’s original location and the newly built Niagara Falls Exchange venue. Moving here not only allows us to welcome new customers along with the existing ones, but also facilitates a year around operation. The indoor market hall location will present us, for the first time in years, an opportunity to operate the market in two seasons - Spring/Summer, and Fall/Winter. We look forward also to starting a brand new Summer Supper Market on all Wednesday evenings from June to September! Page 18 of 19 Page 155 of 292 2023 PAGE 17 D O N O R S Katherine Babela Richard Bearrs April Biggins Winfield Boyd Joellen Brown City of Niagara Falls Donald Combe John Edmunds Christina Galbraith Shelley Gautier Tom Goldspink Rosalea Hardwick Susan Kudrinko Marie Lapointe Cathy Macdonald Brenda McKenzie Susan Montgomery Alonzo Blake Robertson III Patrick Sirianni St. Catharines Museum and Lock 3 Complex St. Paul’s Evangelical Lutheran Church Claudette Taylor Bill Thompson Caryl Upper Don Waters Sherman Zavitz Thomas Chunat Lundy’s Lane Historical Society Willoughby Historical Society Financial In-Kind Niagara Falls Exchange Premier Partners Donors to the Collection Other Goverrnment Support Ontario Power Generation Crawford Smith & Swallow Chartered Professional Accountants LLP Martin, Sheppard, Fraser LLP Province of Ontario Government of Canada Page 19 of 19 Page 156 of 292 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 March 22, 2024 CL 4- 2024, March 21, 2024 Local Area Municipalities The Association of Municipalities of Ontario (AMO) SENT ELECTRONICALLY Motion Respecting Federal Infrastructure Investment Regional Council, at its meeting held on March 21, 2024, passed the following motion: WHEREAS, Canada is experiencing record population growth, having welcomed 1.25 million new Canadians last year alone; WHEREAS, according to the Canada Mortgage and Housing Corporation (CMHC) we need to build at least 3.5 million additional homes by 2030, and municipalities need to build or expand the infrastructure to accommodate this growth; WHEREAS, FCM has estimated that the cost of the municipal infrastructure required to support housing development is, on average, in the range of $107,000 per unit; WHEREAS, according to Statistics Canada the cost of upgrade existing municipal infrastructure so that it is in a state of good repair is in the range of $170 billion; WHEREAS, non-residential construction price inflation has risen by 29% since the end of 2020 and municipalities are facing soaring costs for infrastructure project without a corresponding growth in revenue; WHEREAS, unlike federal and provincial revenue, municipal tax revenue has not increased in recent years along with inflation, economic growth or population growth; WHEREAS, municipalities are facing a gap in federal infrastructure funding as the 10- year Investing in Canada Infrastructure Program has come to an end, the Canada Community-Building Fund is being renegotiated and the Permanent Public Transit Fund is set to start in 2026; and WHEREAS, the Canada Community-Building Fund (CCBF), which was formerly known as the federal Gas Tax Fund, provides more than $2 billion in annual capital funding directly to municipalities through a predictable allocation mechanism, and municipalities of all sizes use the CCBF to deliver direct results for Canadians by building and Page 157 of 292 Page 2 renewing critical core public infrastructure, including water infrastructure, local roads, public transit and community, and cultural and recreational facilities. NOW THEREFORE BE IT RESOLVED: 1. That the Regional Chair BE DIRECTED to send correspondence the Hon. Sean Fraser, Minister of Housing, Infrastructure and Communities, and any other relevant ministry, expressing Niagara Regional Council’s support of the CCBF, while also urging the federal government to take action on the following priorities: a) Collaborate with agreement signatories and municipalities to maintain the CCBF as a source of direct, predictable, long-term funding for local infrastructure priorities; b) Commit in Budget 2024, to the next generation of infrastructure programs, including a new program for water and wastewater infrastructure and an increase to the Disaster Mitigation and Adaptation Fund; c) Convene a meeting of the provinces, territories and municipalities to negotiate a “Municipal Growth Framework” to modernize the way that municipalities are funded in order to enable Canada’s long-term growth; and 2. That the Regional Clerk BE DIRECTED to send a copy of this motion to AMO and all of Niagara’s local municipalities for their consideration and support. Yours truly, Ann-Marie Norio Regional Clerk :kl CLK-C 2024-030 Page 158 of 292 1 Heather Ruzylo To:Usick,Karen Subject:RE: [EXTERNAL]-Proclamation Request - Canadian Viral Hepatitis Elimination Day From: Usick,Karen <Karen.Usick@niagarahealth.on.ca> Sent: Friday, March 22, 2024 4:25 PM Subject: [EXTERNAL]-Proclamation Request - Canadian Viral Hepatitis Elimination Day Greetings and Good Afternoon! Hope you are having a fabulous Friday so far! Winter has visited us here in Port Colborne… but does not seem to want to come to other areas of the Niagara Region!  I am contacting you today on behalf of the Niagara Health System’s – Hepatitis C Care Clinic. In May of 2016, Canada’s Health Minister – Jane Philpott signed on to the World Health Organizations (WHO)’s first ever-Global Viral Hepatitis Strategy, with the goal to eliminate viral hepatitis as a public health threat by 2030. To support Canada’s Global strategy, all provinces and communities across Canada are working together to raise awareness. I am delighted to announce that we once again will be hosting a Canadian Viral Hepatitis Elimination Day awareness event. We will join our national partners on Thursday May 9, 2024 to recogniz e this very important awareness day! Our program will be collaborating with the Niagara Health System’s – Niagara Falls Site at 5546 Portage Road, Niagara Falls. Our Community event will run from 11:00 am to 3:00 pm. The Hepatitis C Care Clinic event will encourage individuals to learn about hepatitis, liver health, how to receive testing, hepatitis C treatment …. and the care and services of our program. Our community event will also allow us to highlight the services of our Mental Health and Addiction program’s care …. and the care and services of the many community partners that will be joining us at our street-based Health and Social Services Fair. We invite you to join us at our awareness day event! Please feel free to contact me for further details of the event! Are you wondering how you can help! We are inviting you to join with our awareness campaign and national partners to proclaim Thursday May 9, 2024, as Canadian Viral Hepatitis Elimination Day throughout the 12 municipalities of Page 159 of 292 2 Niagara. Together we are strong . . . we can join together to raise awareness and to help individuals throughout Niagara. We are a specially funded program through the Ministry of Health’s – Hepatitis C Secretariat to bring care and services to the community… to individuals who may not know where to seek the help they need! If you have any questions, or require further information, please do not hesitate to contact me! Hope you have a lovely afternoon and a wonderful weekend! Take care and stay safe! Karen Karen Usick – Reg. N Hepatitis C Care Clinic | Community Coordinator Niagara Health System| Addiction Services Karen.Usick@NiagaraHealth.on.ca W: 905-378-4647 x32555 | C: 289-696-2523 260 Sugarloaf Street, Port Colborne, ON L3K 2N7 HCCC Website Address - www.niagarahealth.on.ca/site/hepatitis-c-care NHS Addiction Services - www.niagarahealth.on.ca/services/addiction-recovery #HepCantWait I #WorldHepatitisDay I #NoHep 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 160 of 292 Canadian Viral Hepatitis Elimination Day Proclamation May 9, 2024 WHEREAS, hepatitis B and C are among Canada’s most burdensome infectious diseases – measured in liver damage, cancer, lives lost, and significant costs to our public healthcare system; WHEREAS, more than 204,000 people in Canada are living with hepatitis C, and more than 250,000 are living with hepatitis B; WHEREAS, hepatitis C is curable, and hepatitis B is vaccine-preventable and treatable; WHEREAS, Canada has committed to eliminating viral hepatitis as a public health threat by 2030; and WHEREAS, Canadian Viral Hepatitis Elimination Day provides an opportunity to highlight the need for policies that support easy access to testing, treatment, and care for those affected, paving the way toward elimination; THEREFORE, I, Jim Diodati, Mayor of the City Of Niagara Falls do hereby proclaim May 9, 2024 Canadian Viral Hepatitis Elimination Day in Niagara Falls. Proclamation de la Journée canadienne pour l’élimination de l’hépatite virale 9 mai 2024 CONSIDÉRANT que les hépatites B et C comptent parmi les maladies infectieuses les plus onéreuses au Canada – mesurées en dommages au foie, en cancer, en vies perdues et en coûts importants pour notre système de santé public; CONSIDÉRANT que plus de 204 000 personnes au Canada vivent avec l’hépatite C et plus de 250 000 avec l’hépatite B; CONSIDÉRANT que l’hépatite C est guérissable et que l’hépatite B est évitable par la vaccination et traitable; CONSIDÉRANT que le Canada s’est engagé à éliminer l’hépatite virale en tant que menace pour la santé publique d’ici 2030; et CONSIDÉRANT que la Journée canadienne pour l’élimination de l’hépatite virale est une occasion de souligner la nécessité de mettre en place des politiques qui facilitent l’accès au dépistage, au traitement et aux soins pour les personnes touchées, tout en ouvrant la voie à l’élimination; PAR CONSÉQUENT, je, Jim Diodati, maire de Niagara Falls, proclame par la présente le 9 mai 2024 Journée canadienne pour l’élimination de l’hépatite virale à Niagara Falls. Jim Diodati Mayor / Maire Page 161 of 292 Niagara Regional Labour Council March 24, 2024 Mayor Jim Diodati City of Niagara Falls 4310 Queen Street Niagara Falls, ON Canada L2E 6X5 Dear Mayor Diodati: On April 28th, the Niagara Regional Labour Council will observe the National Day of Mourning to remember those who have suffered injury and/or died on the job. As we remember those who have died in workplace catastrophes, those who have been exposed to toxic substances and those who have been injured due to dangerous work conditions, we rededicate ourselves to fight for safe workplaces. Therefore, as we approach April 28th, we are requesting that City Council consider and issue a Proclamation with respect to the “National Day of Mourning”. We are also requesting that all flags be flown at Half-Mast at the City Hall on the 28th, as we remember those who have been injured or were killed in the workplace. We have also attached the schedule of the ceremonies for the day if you are available to attend. Thanking you in advance. Lou Ann Binning President Niagara Regional Labour Council nrlc.clc@gmail.com Page 162 of 292 Page 163 of 292 Page 164 of 292 1 Heather Ruzylo Subject:RE: [EXTERNAL]-Request: Support the Moose Hide Campaign & stop gender-based violence From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Tuesday, March 26, 2024 10:43 AM To: Anna Woodmass <awoodmass@national.ca>; Jim Diodati <jdiodati@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca> Cc: Jason Burgess <jburgess@niagarafalls.ca>; Heather Phillips <hphillips@niagarafalls.ca>; Tatjana Jaluvka <tjaluvka@niagarafalls.ca> Subject: RE: [EXTERNAL]-Request: Support the Moose Hide Campaign & stop gender-based violence Dear Anna: Thank you for reaching out to Mayor Diodati. In order to follow up on your request for a proclamation, I’m including our City Clerk’s Department Staff here. Additionally, thank you for your request for a video which I know the mayor did last year as well. Best wishes for a successful campaign again this year. carey Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca From: Anna Woodmass <awoodmass@national.ca> Sent: Monday, March 25, 2024 5:09 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Cc: Jason Burgess <jburgess@niagarafalls.ca> Subject: [EXTERNAL]-Request: Support the Moose Hide Campaign & stop gender-based violence Dear Mayor Diodati, I hope this finds you well! I’m working with the Moose Hide Campaign, – the grassroots, Indigenous-led, reconciliation organization – that you helped out last year with the video challenge. In 2023 you stood with the Moose Hide Campaign on social media and invited the people of Niagara Falls to join you in taking action to end violence against women, children and all those along the gender continuum. You helped inspire more than 500,000 Canadians to come together in solidarity to stand against gender-based violence – thank you! We’re hoping to do the same this year, and we’d like to ask for your support once more. Page 165 of 292 2 This year, the Moose Hide Campaign Day is taking place on May 16, and we invite you to once again lead the way to healing and safety in your community. We’d be honoured to have you stand and show your support for the Moose Hide Campaign by: 1. Participating in the Mayoral Social Media Challenge: Post a video on social media between May 1 to May 16, showing your support for the Campaign, wearing the moose hide pin and challenging another mayor in Canada to participate. Same as last year, we will provide you with a script and moose hide pins. The videos can be posted anytime between May 1 and May 16. 2. Making a Proclamation: Proclaiming May 16, 2024 to be Moose Hide Campaign Day in your community to coincide with our Canada-wide day of ceremony. Now more than ever, Canadians and Indigenous people need their leaders to stand together and state unequivocally that violence against women and children has no place in our societies. Your participation in Moose Hide Campaign Day is an opportunity to contribute to our collective healing journey and foster positive change in our communities.  Please let us know you if can participate and we will send you supporting materials. We look forward to hearing from you. Thank you for considering this, and for your leadership! Warmly, Anna Anna Woodmass Director, Strategic CommunicaƟons T +1 416-571-2147 220 Laurier Avenue West, Suite 610 Ottawa, Ontario K1P 5Z9 Follow us: Thinking that's three steps ahead. Be ready for what's NEXT. Click here to learn more. Please click here to unsubscribe from the receipt of future commercial electronic messages. The informaƟon in this email is confidenƟal. It is intended solely for the addressee. If you are not the intended recipient, please noƟfy us immediately and delete this email from your system. Any unauthorized use, disclosure or reproducƟon of this email is prohibited. L'informaƟon contenue dans ce message est confidenƟelle. Elle est desƟnée uniquement aux personnes à qui le message a été adressé. Si ce message ne vous était pas desƟné, veuillez nous prévenir immédiatement puis supprimer ce message de votre système. Toute uƟlisaƟon, communicaƟon ou reproducƟon non autorisée du présent message est interdite. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or Page 166 of 292 3 taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website. 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 292 1 Heather Ruzylo To:Steve Mcarthur Subject:RE: [EXTERNAL]-Dig Safe Month From: Steve Mcarthur <steve@onulocates.ca> Sent: Wednesday, April 3, 2024 10:19 AM To: Carey Campbell <ccampbell@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Cc: Tatjana Jaluvka <tjaluvka@niagarafalls.ca> Subject: RE: [EXTERNAL]-Dig Safe Month Good morning, all. There is no specific date for when it needs to be done. April is Dig Safe month, but realistically, everyone who excavates should be aware of the problems that can come with unsafe digging practices. And the importance of Calling into Ontario One Call for a free utility locate before they dig. I would say most of the contractors do practice this, but it's more the smaller companies and the homeowners doing decks, fences, etc., that are at risk because they simply don’t. Understand how serious a gas or hydro line strike could be. Here is the link to the ORCGA and what other cities are doing for Dig Safe Month: https://orcga.com/dig-safe-workshops/ . Thanks, Steve From: Steve Mcarthur <steve@onulocates.ca> Sent: Tuesday, April 2, 2024 4:28 PM To: Carey Campbell <ccampbell@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca> Subject: Re: [EXTERNAL]-Dig Safe Month Hi Carey, Basically it's just a quick flag raise and talk about the importance of calling for Locates prior to excavating and the rules of working around buried utility lines. The Region has a similar one coming up mid April. I figured with the city expanding so much it would be good if we did the same. It's nothing more than just a safety bulletin to get out to the public. Jim's platform reaches a lot more people than mine does. Get Outlook for Android From: Steve Mcarthur <steve@onulocates.ca> Sent: Monday, April 1, 2024 9:27 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Dig Safe Month Page 168 of 292 2 Morning Jim, Nice call on shutting the water off for the eclipse day, lol. I wanted to reach out again as April is "Dig safe" month. I know we talked last year about it but unfortunately, we were too late to get the info from the ORCGA folks. I have contacted them again and hope to receive this in the next day or two. Would you be willing to put this on this year? Need to get the awareness out to the folks that are digging on how important it is to make sure they call in for locates before they dig. With us being the City's locate vendor and now NPEI's locate vendor our company has a very big role in protecting those assets and would prefer contractors don't break them lol! Let me know your thoughts Thank you, Steve Mcarthur Ontario Utility Locates Inc 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 292 Page 170 of 292 Page 171 of 292 1 Heather Ruzylo To:Advocacy Email Subject:RE: [EXTERNAL]-Website Contact Form Notice From: Advocacy Email <advocacy@theperiodpurse.com> Sent: Thursday, April 4, 2024 2:39 PM To: Kristine Elia <kelia@niagarafalls.ca> Cc: Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: Re: [EXTERNAL]-Website Contact Form Notice Good afternoon Kristine: Thank you for forwarding our request to the City Clerk's Office. Please see below some additional information concerning our proclamation request. In 2023, Women and Gender Equality Canada awarded the Menstrual Equity Fund Pilot to Food Banks Canada. The National Pilot has two objectives; to test a national approach to providing free access to menstrual products; to increase education and awareness on people’s knowledge of menstrual p roducts, good practices and period stigma. Every year, towns and cities across Canada join us by lighting up monuments red, flying the TPP flag, and proclaiming May 28th World Menstrual Health Day. In 2023 there were a total of 44 buildings/monuments lit up, 24 proclamations made and 7 cities flying The Period Purse Flag in recognition of Menstrual Health Day. For example monuments such as the CN Tower, Peggy’s Cove Lighthouse, FitzGibbons Covered Bridge (Whistler), Victoria Jubilee Hall (Walkerton) and Manitoba Legislative Building all lit up Red on May 28. Cities/towns including; Victoria, Halifax, Brampton and Thunder Bay declared May 28 Menstrual Health Day. Although we do not have a local representative from the Period Purse in your community, 2 foodbanks in your community are participating in the pilot project for free access to period products and in support of menstruators in need in your community we hope that you can also support our awareness objective. I look forward to hearing from you about this possibility. thanks Lianne -- Lianne Sinclair (she/ her/ hers) Awareness Coordinator | The Period Purse™ www.theperiodpurse.com Page 172 of 292 2 Download the free M. Nation period tracking app IMPORTANT: The contents of this email and any attachments are confidential. It is strictly forbidden to share any part of this message with any third party without written consent of the sender. From: City Website <donotreply@niagarafalls.ca> Sent: Monday, April 1, 2024 4:31 PM To: Kristine Elia <kelia@niagarafalls.ca> Subject: [EXTERNAL]-Website Contact Form Notice Good News! You just got a new response to 'Mayor's Office Contact Form'! First Name Elsa Last Name Rollier Phone Number 4167869576 Email Address Advocacy@theperiodpurse.com Message If your inquiry pertains to a certain address, please include it in your message so we can help you quicker. Hello! My name is Elsa, and I am reaching out today on behalf of The Period Purse (TPP). Since 2017, our registered Canadian charity has been striving to achieve menstrual equity by providing people who menstruate access to free menstrual products, and reduce the negative stigma associated with periods through education and advocacy. We are contacting the City of Niagara Falls to request the proclamation of May 28, 2024 as Menstrual Health Day. This request falls under the not-for-profit charitable awareness campaign. We have reviewed and are in compliance with the Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy. MH Day was initiated in 2014 by German non-profit WASH as a global day of action with more than 830 partner organizations working together to catalyze awareness and action towards a world without period poverty and stigma. Page 173 of 292 3 Every year, towns and cities across Canada join us by lighting up monuments red, flying the TPP flag, and proclaiming May 28th World Menstrual Health Day. The lighting of monuments across the country including the TORONTO sign will increase the discussion around periods and help to remove the stigma associated with periods. We will be sharing the lighting of monuments, flag raisings and proclamations on our website, our newsletter and our social media feed @theperiodpurse. We'd love to have the City of Niagara Falls join this movement again for World Menstrual Health Day this year. I look forward to hearing from you! Thank you, Elsa Rollier (she/ her/ hers) Volunteer | The Period Purse™ Would you like to subscribe to our newsletter? 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. -- Lianne Sinclair (she/ her/ hers) Awareness Coordinator | The Period Purse™ www.theperiodpurse.com Download the free M. Nation period tracking app IMPORTANT: The contents of this email and any attachments are confidential. It is strictly forbidden to share any part of this message with any third party without written consent of the sender. Page 174 of 292 1 Heather Ruzylo To:Carey Campbell Subject:RE: [EXTERNAL]-Request for Proclamation of Sikh Heritage Month and Hoisting of the Sikh Flag at City Hall From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Monday, April 8, 2024 5:52 PM To: Manjinder Dhinsa < >; Jim Diodati <jdiodati@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Cc: Parvinder Singh < Kristine Elia <kelia@niagarafalls.ca> Subject: RE: [EXTERNAL]-Request for Proclamation of Sikh Heritage Month and Hoisting of the Sikh Flag at City Hall Dear Manjinder: Thank you for your request to Mayor Diodati for a proclamation from City Council, along with a flag raising. Our City Clerk, Bill Matson, or Heather Ruzylo in our Clerk’s Office will be in touch to follow up with you. 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 From: Manjinder Dhinsa < Sent: Thursday, April 4, 2024 5:05 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Cc: Parvinder Singh < Subject: [EXTERNAL]-Request for Proclamation of Sikh Heritage Month and Hoisting of the Sikh Flag at City Hall Dear Mayor Diodati I hope this email finds you well. I am writing to you on behalf of the Sikh community of Niagara Falls with a significant request regarding the recognition of Sikh Heritage Month. As you may be aware, the Ontario government has officially recognized April as Sikh Heritage Month, celebrating the rich cultural and historical contributions of Sikh Canadians to our province and country. Page 175 of 292 2 In line with this recognition, we kindly request that the City of Niagara Falls also acknowledges April as Sikh Heritage Month. We believe that such a proclamation would not only honor the vibrant Sikh community in our city but also foster greater understanding and appreciation of Sikh culture and heritage among all residents. Furthermore, we would be deeply honored if the City could hoist the Sikh Flag during the month of April as a symbol of solidarity and respect towards the Sikh community. This act would not only demonstrate the city's commitment to inclusivity and diversity but also serve as a powerful gesture of unity and mutual respect among all communities in Niagara Falls. We acknowledge this is short notice, but feel that this could occur at any time throughout the month. We would be grateful for your consideration of our request and look forward to the opportunity to work together in promoting understanding, respect and inclusivity within our city . Thank you for your attention to this matter. Should you require any further information or clarification, please do not hesitate to contact me directly. Warm regards, Manjinder Singh Sikh Representative/Community member Niagara Falls -- 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 176 of 292 1 To: From: Subject: Date: Lisa Wall, James Dowling, Tiffany Clark Basit Ur Rehman, Finance and Administrative Coordinator 2024 Operating Budget March 20, 2024 ________________________________________________ RECOMMENDATIONS 1.To review/approve the revised 2024 operating budget as presented and approved by council at January 23, 2024 and approved by the Library Board at the February 21, 2024, Regular Board Meeting. BACKGROUND On January 23, 2024, Niagara Falls City Council approved the 2024 city operating transfer to the library at a 3.5% increase over prior year. The Board submitted an operating budget request of $5,606,610 which equated to an increase of 4.43%. The Council approved increase of 3.5% represents a 2024 operating transfer of $5,556,509, requiring reductions to the budget as submitted of $50,101. 2024 OPERATING BUDGET REVISION REVENUE BUDGET APPROVED (3.5%) City Grant Operating $5,606,610 $5,556,509 City Grant – Debentures $123,684 Local Grants $0 Provincial Grants $157,058 Federal Grants $9,542 $14,532 Library Receipts $54,500 Donations & Fundraising $155,000 Stamford General Transfer from Reserves Contracted Services – PE Analysis ONE TIME 23,000 TOTAL REVENUE $6,129,395 $6,084,283 Page 177 of 292 2 EXPENSES BUDGET APPROVED (3.5%) Staffing Labour $3,513,547 $3,501,520 WSIB $14,054 Group Medical benefits $270,252 $268,956 MERC (EHT, CPP, OMERS, EI) $659,595 Professional Development $20,000 Resources Collections - Strictly Digital as of 2024 $222,300 $203,815 Technology Hardware $17,965 $15,965 Information Software $63,500 Facilities Materials $27,500 Facilities Contracted Services $80,000 Hydro $105,000 Water $13,000 Gas $38,000 Phone/Data $25,000 Rent & fees $157,398 $163,793 Other Auditing Services $15,000 Insurance $93,926 $91,726 Library Contracted Services $130,182 Contracted Services- PE Analysis ONE TIME $23,000 Mail and Courier $8,000 Other Materials $86,220 $79,720 Community Dev. & Programming Customer Service & Programming $28,800 $27,800 Community Engagement $13,150 $9,150 Debt & Transfers Transfer to Reserves Collections – All Physical Items $186,725 Furniture $7,500 $3,500 Hardware $22,000 Transfer to Capital Donations and Fundraising $155,000 DC Materials 10% 9,098 Deferred Revenue Long Term Debt Principal 112,930 Long Term Interest 10,754 TOTAL EXPENSES $6,129,395 $6,084,283 Respectfully submitted by: Basit Ur Rehman Finance and Administrative Coordinator Page 178 of 292 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 March 22, 2024 CL 4-2024, March 21, 2024 PEDC 3-2024, March 6, 2024 PDS 7-2024, March 6, 2024 DISTRIBUTION LIST SENT ELECTRONICALLY Regional Archaeological Management Plan PDS 7-2024 Regional Council, at its meeting held on March 21, 2024, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 7-2024, dated March 6, 2024, respecting Regional Archaeological Management Plan, BE RECEIVED and BE CIRCULATED to the Local Area Municipalities, Ministry of Citizenship and Multiculturalism, Ministry of Municipal Affairs and Housing, Niagara Parks Commission, and Niagara Escarpment Commission. A copy of PDS 7-2024 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2024-025 Page 179 of 292 Page 2 cc: B. Fricke, Senior Planner M. Sergi, Commissioner, Growth, Strategy and Economic Development N. Oakes, Executive Assistant to the Commissioner, Growth, Strategy and Economic Development Distribution List: Local Area Municipalities Ministry of Citizenship and Multiculturalism Ministry of Municipal Affairs and Housing Niagara Parks Commission Niagara Escarpment Commission Page 180 of 292 PDS 7-2024 March 6, 2024 Page 1 Subject: Regional Archaeological Management Plan Report to: Planning and Economic Development Committee Report date: Wednesday, March 6, 2024 Recommendations 1. That Report PDS 7-2024 BE RECEIVED for information; and 2.That a copy of Report PDS 7-2024 BE CIRCULATED to the Local Area Municipalities, Ministry of Citizenship and Multiculturalism, Ministry of Municipal Affairs and Housing, Niagara Parks Commission, and Niagara Escarpment Commission. Key Facts •The purpose of this report is to inform Council of the completion of the Regional Archaeological Management Plan (AMP). •The AMP is a tool that establishes a consistent, coordinated approach to the conservation of archaeological resources within the development review and approvals process. •The AMP also outlines processes and guidelines to clearly define when and where archaeological assessments are required. •The recommended policies and the archaeological potential mapping contained in the AMP were incorporated into the Niagara Official Plan and have been adopted by Council and approved by the Province. •The conservation of archaeological resources is a matter of provincial interest and must be addressed through the development approvals process in accordance with the Planning Act. Financial Considerations The costs associated with the Archaeological Management Plan (AMP) were accommodated by the Council approved Niagara Official Plan project budget. Page 181 of 292 PDS 7-2024 March 6, 2024 Page 2 ______________________________________________________________________ Background Archaeological resources are the physical and tangible remains of Niagara's diverse cultural history and include artifacts and archaeological sites (terrestrial and marine) that are of cultural heritage value or interest. Conservation of archaeological resources is a matter of provincial interest, as outlined in the Planning Act and the Provincial Policy Statement (PPS, 2020). Planning authorities are required to include policies in their official plans to facilitate identification, wise use, and management of cultural heritage resources, including archaeological resources. The PPS and the Growth Plan for the Greater Golden Horseshoe (Growth Plan, 2020) encourage municipalities to prepare Archaeological Management Plans (AMPs) and consider them in their decision-making. AMPs are a best practice for archeological resource management and used by many other municipalities in Ontario. As part of the Niagara Official Plan background work, including development of archaeological policies, the Region retained Archaeological Services Inc. (ASI) in partnership with Letourneau Heritage Consulting Inc. (LHC), to prepare a Regional AMP. ASI has completed many AMPs and has extensive experience engaging with Indigenous communities, in recognition of their vested interests in cultural heritage and archaeology, which is a crucial component when preparing an AMP. ASI and LHC undertook a comprehensive review of the policy and legislative framework related to archaeology to inform the structure and content of the AMP. A survey on archaeological review was sent to the area municipality planning departments, as well as other upper and single tier municipalities with AMPs, to understand the successes and challenges they experience with implementation. Benefits of the AMP Niagara Region exhibits some of the highest archaeological potential in Ontario. The PPS, Growth Plan and NOP include policies that guide development and site alteration on lands containing archaeological resources or areas of archaeological potential unless the resources have been conserved. Conservation can occur through the implementation of a conservation plan or completion of an archaeological assessment. The archaeological potential mapping developed through the AMP illustrates areas of archaeological potential to determine when an archaeological assessment should be completed thought the development approvals process. Page 182 of 292 PDS 7-2024 March 6, 2024 Page 3 ______________________________________________________________________ On November 28, 2022, Bill 23, More Homes, Built Faster Act, 2022 was given Royal Assent, however, provisions which identify Niagara Region as an upper-tier municipality without planning responsibilities are not yet in effect. These changes only come into force upon proclamation of the Lieutenant Governor and the timing is currently unknown. Irrespective of proclamation, the AMP is a useful planning tool for development review, to ensure that archaeological resources are considered in a consistent and coordinated manner across the region. As set out in the Consultation section of this report, Area Planners were engaged throughout the development of the AMP. The AMP will assist planning authorities to implement archaeological requirements within the planning process in a more streamlined and consistent manner across the region. The archaeological potential map improves transparency within the process and encourage early thinking about archaeology during the due-diligence stage of development. Finally, the AMP outlines contingency plans if archaeological resources are uncovered during construction, where the requirement for an archaeological assessment was scoped or where Planning Act applications are not required. Niagara-On-The-Lake, Niagara Falls, Fort Erie and Pelham each have their own archaeology/ heritage master plans. Area Municipalities are not obligated to use the AMP. However, the data provided is more current and can help to support Area Municipalities post Bill 23 facilitating development by improving transparency of required studies to support development applications. The AMP will also facilitate development on properties with low archaeological potential streamlining archaeological review. Consultation Area Planners were engaged in the development of this plan. Regional staff attended several Area Planner meetings regarding the project and to keep local planning staff informed as it progressed. ASI sent out surveys to local planners to gauge opinions on current processes and desired outcomes of the AMP. The most frequent and highest priority need expressed by local municipal planners was for a useable and regularly updated GIS-based archaeological potential map. Presentations were also made to the community as part of NOP engagement process, and a project webpage was created where updates and other materials were posted for information and comment. An AMP Steering Committee, comprised of representatives from the Ministry of Citizenship and Multiculturalism (formerly Ministry of Heritage, Sport, Tourism and Page 183 of 292 PDS 7-2024 March 6, 2024 Page 4 ______________________________________________________________________ Culture Industries), Ministry of Municipal Affairs and Housing, Niagara’s area municipalities, Niagara Parks Commission, and Niagara Escarpment Commission, was established at the start of the project. Indigenous communities have a long-standing history in Niagara. As of 2020, the total number of archaeological sites in Niagara Region was 1,703, of which 1,385 (81%) have Indigenous components. At the outset of the project, six Indigenous communities/groups were identified for direct consultation, including Fort Erie Native Friendship Centre, Haudenosaunee Development Institute, Mississaugas of the Credit First Nation, Niagara Region Metis Council, Niagara Regional Native Centre, and Six Nations of the Grand River. Throughout the project, Regional staff and the consultants met with Band Councils, and consulted with staff and elders from the above noted groups on several occasions. Comments received from the Indigenous communities on the draft AMP document were supportive and informative. All comments received on the AMP have been considered in the final document (Appendix 1). Overview of Archaeological Management Plan The AMP is a document that outlines the strategies and procedures for the management and protection of archaeological resources within Niagara. It identifies, inventories and maps areas of archaeological potential using a made-in-Niagara modelling approach, provides clear guidance for when archaeological assessments are required through the development process, and details processes to ensure consistency in the conservation of archaeological resources. The AMP includes the following components: • Legislation and policy framework, which provides an overview of the context within which the AMP is implemented; • Recommended review process, which establishes a consistent approach to the implementation of the AMP, including an outline of roles and responsibilities and standardized language for warning clauses that can implemented through conditions of development approvals; • Provided recommended policies for the Niagara Official Plan; • Archaeological potential model and mapping, which was also incorporated in the 2022 NOP as Schedule K; Page 184 of 292 PDS 7-2024 March 6, 2024 Page 5 ______________________________________________________________________ • Contingency plan to ensure any accidental or unexpected discoveries of archaeological resources are addressed in accordance with legislative requirements; and • Recommendations for future implementation tools, including: information sessions for local and Regional planning staff; a repository of archaeological assessments to aid in the updates of the archaeological potential mapping; a best-practice procedure for Indigenous engagement; and educational materials. Overall, the AMP will serve as a guiding document to ensure the responsible and sustainable management of archaeological resources in a consistent and coordinated manner across the region. Alternatives Reviewed Council could opt not to receive the AMP, which is not recommended. The AMP is a best practice document that will provide a consistent and streamlined approach to archaeological review across the Area Municipalities. Relationship to Council Strategic Priorities This report aligns with Council’s Strategic Priorities for an Effective and Equitable Region. The AMP will support growth and development post Bill 23 by improving transparency of required studies to support development applications and facilitating development on properties with low archaeological potential. By utilizing a best practice approach to the conservation of archaeological resources, the AMP will improve the process to address conservation of archaeological resources within development review. Other Pertinent Reports • CWCD 25-2019 • CWCD 185-2019 Page 185 of 292 PDS 7-2024 March 6, 2024 Page 6 ______________________________________________________________________ ________________________________ Prepared by: Britney Fricke, MCIP, RPP Senior Planner, Community Planning Growth, Strategy and Economic Development _______________________________ Recommended by: Michelle Sergi, MCIP, RPP Commissioner Growth, Strategy and Economic Development ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was reviewed by Susan McPetrie, Planner, Erik Acs, MCIP, RPP, Manager of Community Planning, Angela Stea, MCIP, RPP, Director of Corporate Strategy and Community Sustainability and Diana Morreale, MCIP, RPP, Director of Growth Management and Planning. Appendices Appendix 1 Niagara Region Archaeological Management Plan Executive Summary Appendix 2 Niagara Region Archaeological Management Plan (https://www.niagararegion.ca/projects/archaeological-management- plan/pdf/final-draft.pdf) Page 186 of 292 Executive Summary Archaeological sites throughout the Regional Municipality of Niagara (hereafter Niagara Region) are the physical remains of the 13,000-year settlement history. They represent a fragile and non-renewable cultural heritage resource that must be conserved and protected. This Archaeological Management Plan (AMP) is a planning tool intended to be used by Niagara Region, Local Area Municipalities, development proponents, and the public. It brings a consistent policy-based approach to the conservation of archaeological resources across the Niagara Region. This AMP includes a Geographic Information Systems (GIS) based Archaeological Potential Map. This AMP presents planning and management guidelines and an archaeological potential model that are consistent with provincial legislation and policy. In Canada, the conservation of cultural heritage resources –including archaeological resources—is a matter of Indigenous, Provincial, and National interest. This AMP addresses archaeological resource planning within the Provincial, Regional, and Local context. The AMP has three major objectives: •To outline policy, process, and implementation tools for managing archaeological resources in the planning approvals and environmental assessment processes consistent with provincial legislation and policy and reflecting best-practice archaeological management. •To compile detailed, reliable inventories of registered and unregistered archaeological sites within Niagara Region; and, •To develop an archaeological site potential model specific to the Niagara Region, based on known site locations, past and present land uses, environmental and cultural-historical data, and assessment of the likelihood for the survival of archaeological resources in various contexts. The role of the Niagara Region and the Local Area Municipalities in the conservation of cultural heritage resources is crucial. Implementation of matters of provincial interest, planning, and land use control are predominantly municipal responsibilities and the impact of municipal land use decisions on archaeological resources is substantial. Municipally approved developments constitute most land-disturbing activities in Ontario. The primary means by which these resources may be protected is through the planning and development approvals process. The AMP provides a series of policy and process recommendations within the planning and development approvals process that will ensure the conservation of archaeological PDS 7-2024 Appendix 1 Page 187 of 292 resources within the Region. Some of these recommendations have already been integrated into Niagara Region’s new Official Plan. The AMP policy recommendations and process are consistent with the Provincial Policy Statement (https://www.ontario.ca/page/provincial-policy-statement-2020) (2020) and the Ontario Heritage Act (http://www.mtc.gov.on.ca/en/heritage/heritage_act.shtml) (2005).This AMP includes recommended policies, processes and standard clauses for Niagara Region and local municipalities. Through its GIS mapping of known archaeological sites and areas of archaeological potential, the AMP allows the planning staff at Niagara Region, the Local Area Municipalities, property owners, developers, and prospective land buyers, to know if and where archaeological investigations are necessary prior to land disturbing activities. The AMP aims to reduce the risk of unexpected discovery of archaeological remains during land altering activities (such as disturbing an Indigenous burial site or a nineteenth century building foundation) and enhance public awareness of archaeological resources. The AMP also allows residents to know and celebrate their community’s history more completely. The archaeological potential model was developed based on an inductive and deductive approach that predicts where pre-contact Indigenous sites are most likely situated and utilizes detailed historical research to map archaeological potential. The pre-contact Indigenous archaeological site potential layer is based on data from the Ontario Archaeological Sites Database maintained by the Ministry of Citizenship and Multiculturalism (MCM) as of September 2, 2020. The identification of areas in the historical archaeological site potential layer involved the digitization of residential, commercial, and industrial features and transportation routes from historical mapping and cemeteries. The historic archaeological potential layer captures all the historical archaeological sites previously discovered in the Region. In addition to the 13,000 years of Indigenous settlement, the history of Niagara Region is fundamentally linked to early historical relations and treaties between the Crown and First Nations. Niagara Region was included in the scope of the Nanfan Treaty signed by the British and the Haudenosaunee Confederacy (Five Nations) in 1701. Later, the colonial period was ushered in by the acquisition of settlement lands by the British crown through the Treaty at Niagara in 1764 (renegotiated 1781) and the Between the Lakes Treaty #3 of 1792, both signed with the Mississaugas of the Credit First Nation. It is therefore appropriate that development of Niagara Region’s AMP benefitted from engagement with descendant Indigenous communities. The AMP recommends continued engagement with Indigenous communities in Niagara Region’s archaeological review and planning application processes in accordance with Section PDS 7-2024 Appendix 1 Page 188 of 292 2.6.5 of the Provincial Policy Statement (2020), and appropriate policies have been incorporated into the Region’s new Official Plan. In having developed this archaeological management plan, the Regional Municipality of Niagara joins with other major municipalities in Ontario in adopting the best approach available to ensuring archaeological site conservation within its jurisdiction. PDS 7-2024 Appendix 1 Page 189 of 292 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 March 25, 2024 CL 4-2024, March 21, 2024 CSC 3-2024, March 6, 2024 CSD 7-2024, March 6, 2024 LOCAL AREA MUNICIPALITIES SENT ELECTRONICALLY 2024 Property Tax Policy, Ratios and Rates CSD 7-2024 Regional Council, at its meeting held on March 21, 2024, passed the following recommendation of its Corporate Services Committee: That Report CSD 7-2024, dated March 6, 2024, respecting 2024 Property Tax Policy, Ratios and Rates, BE RECEIVED and the following recommendations, BE APPROVED: 1.That Regional Council APPROVE the following tax ratios and sub-class reductions for the 2024 taxation year: 2.That the necessary by-laws BE PREPARED and PRESENTED to Council for consideration and BE CIRCULATED to the Councils of the Area Municipalities for information; and Page 190 of 292 Page 2 3.That Report CSD 7-2024 BE CIRCULATED to the Councils of the Area Municipalities for information. Report CSD 7-2024 (report only), By-law No. 2024-18 and By-law No. 2024-19 are enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :ab CLK-C 2024-028 cc: H.Furtado, Director, Financial Management and Planning/ Deputy Treasurer T.Harrison, Commissioner/ Treasurer, Corporate Services K.Beach, Executive Assistant to the Commissioner/Treasurer, Corporate Services Page 191 of 292 CSD 7-2024 March 6, 2024 Page 1 Subject: 2024 Property Tax Policy, Ratios and Rates Report to: Corporate Services Committee Report date: Wednesday, March 6, 2024 Recommendations 1. That Regional Council APPROVE the following tax ratios and sub-class reductions for the 2024 taxation year: Property Classification Tax Ratio Sub-Class Reduction Residential 1.000000 New Multi-Residential 1.000000 Multi-Residential 1.970000 Commercial 1.734900 Commercial – Excess Land 1.734900 Commercial – Vacant Land 1.734900 Industrial 2.630000 Industrial – Excess Land 2.630000 Industrial – Vacant Land 2.630000 Pipeline 1.702100 Farmland 0.250000 Managed Forest 0.250000 Farmland Awaiting Development 1 1.000000 25.00% Farmland Awaiting Development 2 Class Ratio Landfill Sites 2.940261 2. That the necessary by-laws BE PREPARED and PRESENTED to Council for consideration and BE CIRCULATED to the Councils of the Area Municipalities for information; and 3. That Report CSD 07-2024 BE CIRCULATED to the Councils of the Area Municipalities for information. Page 192 of 292 CSD 7-2024 March 6, 2024 Page 2 ______________________________________________________________________ Key Facts • The purpose of this report is to set the tax policy for 2024 which includes tax ratios, and other policy considerations which are required to set tax rates. Tax policy accounts for property assessment changes and affects the distribution of actual taxes paid by property owners or classes. • The recommended tax policy for 2024, supported by Regional staff and Area Treasurers, is to maintain the status quo tax ratio adopted for the 2024 taxation year. • 2023 represented the last year of the Council approved phase-out schedule of the commercial/industrial vacant/excess land subclass discounts of 7.50%. • In order for the Area Municipalities to complete final tax billings in June, which includes Regional taxes, the Regional tax rate bylaw need to be established no later than April. • The analysis in Appendix 1 to Report CSD 07-2024, is based on the actual Region’s General Tax Levy for 2023 being $444 million. The 2024 Budget presentation included $7.4 million in assessment growth dollars or 1.66% on approved 2023 General Tax Levy. The tax policy decisions also apply to the Special Tax Levies for waste and transit. • The proposed tax policy and approved Regional General Tax Levy will result in an increase of approximately $126 for the typical residential property with a current value assessment (CVA) of $298,000 for an annual Regional property tax of $1,985. Financial Considerations There are no direct costs to the Region as a result of setting 2024 tax policy. There are however, taxpayer impacts as a result of tax shifts between property classes due to assessment growth and tax ratio/discount decisions. Detailed analysis of these impacts are included in the Tax Policy Study attached as Appendix 1 to Report CSD 07-2024. Analysis The Municipal Act,2001, provides the Region with the responsibility to establish tax policy to raise levy requirements. Reassessment impacts, assessment growth and Provincial legislation can create tax shifts in burden across all property classes. These factors are outside the control of Niagara Regional Council and the budget process. The only opportunity to affect these is through a thorough analysis of options available for ratios and resulting impacts. Regional staff engaged the Area Treasurers in the review of the tax study as completed by the Region’s external tax consultant as well as discussed potential scenarios for Page 193 of 292 CSD 7-2024 March 6, 2024 Page 3 ______________________________________________________________________ 2024. Based on the feedback provided, both Regional staff and Area Treasurers are recommending to maintain the status quo tax ratio for the 2024 taxation year including the commercial/industrial vacant/excess land subclass discount phase-out from 7.50% to 0%, which results in a shift away from residential taxes and on the other classes of 0.10%, or $0.3 million. The following are the key factors that support the recommendation; these are expanded on further in this report: • Prior to the delay in the reassessment cycle MPAC data indicated larger increases in residential assessment in relation to business classes may result which would result in significant shift of taxes onto the residential classes. While reassessment information is unknown at this time if would be prudent to anticipate the outcome. • The BMA study demonstrates that all residential taxation categories are above the BMA study average and data provided by the Region’s Affordable Housing Strategy Steering Committee indicates that many of the households in core housing need currently reside in single detached homes (included in the residential tax class). • The Region and local area municipalities offer many incentive programs including tax increment and development charge related grants that reduce the actual tax burden experienced by some business property classes in Niagara. Analysis of Current State 1. Assessment Growth The overall real assessment growth that occurred in 2023 for the Region was 1.66%, equivalent to $7.4 million in General Tax Levy dollars from new taxpayers. The overall assessment growth is net of reduction in assessment due to property assessment appeals. Table 1 summarizes the overall assessment growth that occurred in 2023 (see Assessment Growth Impacts column) as well as the impacts affecting each of the tax classes based on maintaining the status quo tax ratios and the adjustment to the vacant/excess land subclass discounts from 7.50% to 0% as per the Council approved phase-out schedule (Inter-Class Shift column). Note this phase-out schedule was approved by the Province and has been written into Provincial legislation. Any subsequent changes to the phase-out schedule would require Council to lobby the Province to amend the Ontario regulations 325/01. Page 194 of 292 CSD 7-2024 March 6, 2024 Page 4 ______________________________________________________________________ The residential increase noted in Table 1 below of 6.92% (which is below the 2024 Regional levy impact of 7.02%) is net of the shift due to the subclass discount reduction (See Appendix 1, Table 6). Table 1 – 2024 General Tax Levy Impacts by Property Class (Status Quo Policy) Property Class 2023 Approved General Tax Levy (as revised) Assessment Growth (AG) Impacts Inter-class Shift* 2024 General Tax Levy Impacts (net of AG) 2024 Approved General Tax Levy Avg. General Tax % Increase Residential 326,174,688 5,485,557 (338,737) 22,895,692 354,217,200 6.92% New Multi-Res 1,652,208 463,823 (2,161) 146,078 2,259,948 8.71% Multi-Residential 16,640,413 172,083 (17,159) 1,160,631 17,955,968 6.87% Farm 3,815,182 139,884 (4,033) 273,035 4,224,068 7.05% Managed Forest 25,745 (448) (26) 1,747 27,018 6.68% Commercial 78,045,275 504,636 206,437 5,442,362 84,198,710 7.24% Industrial 15,317,343 585,637 158,368 1,109,901 17,171,249 8.28% Pipelines 2,718,425 17,973 (2,792) 188,903 2,922,509 6.55% Landfill 57,811 - (59) 3,991 61,743 6.80% Total 444,447,090 7,369,145 (162) 31,222,340 483,038,413 7.02% % Increase 1.66% 0% 7.02% 8.68% * Represents a tax shift away from residential of 0.10% as a result of the decrease in vacant/excess land subclass discount from 7.50% to 0% as per Council approved phase-out schedule. 2. Re-Assessment Phase-In and Tax Shift Reassessments of all properties is mandated by the Province every four years, however, as a result of COVID-19, the 2020 re-assessment has been delayed and the Province has not provided any guidance as to when the next assessment cycle will take place. Therefore, the assessment values for the 2024 tax year will remain the same based on the 2016 valuation date resulting in no tax shift impacts caused by assessment phase-in changes. Table 2 shows the relative tax share of each tax class from 2023 to 2024. The 2024 amounts are based on the recommended tax policy. Page 195 of 292 CSD 7-2024 March 6, 2024 Page 5 ______________________________________________________________________ Table 2 – Multi-Year Tax Distribution by Tax Class Property Class 2023 Year End (As Revised) % Share 2024 Levy (As Revised) % Share Residential $326,174,688 73.39% 354,217,200 73.33% New Multi-Residential 1,652,208 0.37% 2,259,948 0.47% Multi-Residential 16,640,413 3.74% 17,955,968 3.72% Farm 3,815,182 0.86% 4,224,068 0.87% Managed Forest 25,745 0.01% 27,018 0.01% Commercial 78,045,275 17.56% 84,198,710 17.43% Industrial 15,317,343 3.45% 17,171,249 3.55% Pipelines 2,718,425 0.61% 2,922,509 0.61% Landfill 57,811 0.01% 61,743 0.01% Total $444,447,090 100% 483,038,413 100% 3. Education Rates (no change) The education tax rates are established by the Province to meet their revenue targets for the year. Typically, the education tax rates decrease from one year to the next as the Provincial policy is to maintain revenue neutrality. In prior years, this Provincial policy has created savings in Niagara which generally assist in offsetting municipal increases. Similar to 2023, the Province has maintained the education tax rates in 2024 for all classes. What this means is that with no changes in property assessment due to reassessment properties will typically pay the same dollars in education taxes as in the prior year. 4. Waste Management Special Levy Rates Waste management Special Levy tax rates are also set based on the Regional tax ratios. The waste management requisition by municipality was approved through Report CSD 48-2023; however the by-law setting for the waste management special levy tax rates for the 2024 requisitions are brought forward with the 2024 general tax levy by-law as the rates are based on each municipality’s assessment and are dependent on the tax ratios (with the exception of Niagara-on-the-Lake). The household impacts reported in the budget will vary based on the tax policy being approved in this report in addition to variations in final assessment growth. Page 196 of 292 CSD 7-2024 March 6, 2024 Page 6 ______________________________________________________________________ Niagara Transit Commission Special Levy Rates Similar to Waste Management, Niagara Transit Commission Special Levy tax rates are also set based on the Regional tax ratios. The Transit requisition by municipality was approved through Report NTC 17-2023 and BRC-C 40-2023; however, the by-law setting for transit special levy tax rates for the 2024 requisitions are also brought forward with the 2024 general tax levy by-law as the rates are based on each municipality’s assessment and are dependent on the tax ratio. The household impacts reported in the budget will vary based on the tax policy being approved in this report in addition to variations in final assessment growth. Tax Policy Considerations The Region considers council priorities, the current environment, as well as utilizing several BMA tax related performance metrics as seen in Appendix 3 of Report CSD 07- 2024 to assess policy options. • Residential taxpayer - The residential class is responsible for 73.33% of the overall tax levy. Under the recommended tax policy, the tax shift away from the residential class will mitigate the overall levy increase on the class from 7.02% to 6.92% (see Table 1). As identified in the most recent BMA study, Niagara’s average residential property taxes (including water and wastewater) payable as a percentage of household income is above the BMA study average (2023 - Niagara 5.24% versus BMA average 4.80%). This gap between Niagara and the survey average has increased from 2022 (Niagara 5.33% versus BMA average 5.00%). The benefit of reducing the subclass discount for commercial/industrial vacant/excess lands from 7.50% to 0% will assist with narrowing the gap between Niagara and the BMA average. • Multi-Residential Tax Class - the multi-residential tax category consists of two property tax classes. The multi-residential class is responsible for 3.72% of the overall tax levy while the new-multi-residential category (which includes multi- residential structures constructed after 2003) is responsible for 0.47%. It is important to note that new construction of purpose-built rental would be in the new multi-residential class, which is taxed at the same rate as residential. Appendix 3 provides BMA metrics related to two multi-residential structure types (Walk-up and Mid/High-Rise). The walk-up style structure was identified as above the survey average by $328 and the high-rise structure types are also above the average by $35 for 2023. Page 197 of 292 CSD 7-2024 March 6, 2024 Page 7 ______________________________________________________________________ • Industrial Tax Class - The relative tax burden averages for standard industrial for the Region is higher than the BMA survey average as provided in Appendix 3 (Niagara is taxing $2.00/square foot, while the BMA average is $1.65/square foot). However, this is partially offset by the many incentive programs currently offered by the Region including tax increment and development charge related grants, specifically under the Employment and Brownfield pillars, that reduce the actual tax burden experienced by some industrial properties in Niagara. • Commercial Tax Class - These properties pay the second largest share (after residential) of Regional taxes at 17.43%. Appendix 3 illustrates that Niagara taxation of office buildings and motels are lower than the BMA average ($3.11 tax/square foot vs. $3.21 tax/square foot and $1,223 tax/unit vs. $1,253 tax/unit respectively) while Niagara’s taxation of shopping centres and hotels ($4.39 tax/square foot vs. $3.89 tax/square foot and $2,054 tax/unit vs. $1,675 tax/unit respectively) are above the BMA averages. Tax appeals in this class are significant and the property class has benefited from significant reduction due to assessment appeals such that it has generated the lowest assessment growth percentage. The impact of reduced assessment further increases the overall burden experienced by properties in other classes. This property class is also eligible for Employment and Brownfield related tax increment grant programs. 2023 Property Tax Impacts Table 3 – Regional Tax Increases for Status Quo Policy Taxation Class 2023 Avg. CVA 2023 Regional Taxes 2024 Avg. CVA 2024 Regional Taxes* $ Increase Residential $298,000 $1,859 $298,000 $1,985 $126 Multi-Residential $2,517,300 $30,913 $2,517,300 $33,033 $2,120 Commercial - Occupied $846,692 $9,157 $846,692 $9,784 $628 Industrial - Occupied $1,095,946 $17,967 $1,095,946 $19,200 $1,232 Farmland $411,679 $642 $411,679 $686 $44 *Based on draft rates utilizing the recommended 2024 tax policy. Page 198 of 292 CSD 7-2024 March 6, 2024 Page 8 ______________________________________________________________________ Alternatives Reviewed Regional staff considered alternatives to the recommendations proposed in this report. After engaging with the Area Treasurers and reviewing the tax study and historical Regional tax ratios, it was determined to maintain the status quo tax ratio for the 2024 taxation year. Relationship to Council Strategic Priorities This tax policy report is aligned to Effective Region, Delivery of fiscally responsible and sustainable core services. Other Pertinent Reports • Bill 2023-95 – 2024 Operating Budget and Tax Levy • CSD 3-2019 – Vacancy Program Revisions to Ministry of Finance • CSD 48-2023- Waste Management Services Operating Budget and Requisition • NTC 17-2023 and BRC-C 40-2023– NTC 2024 Operating Budget Additional Information ________________________________ Prepared by: Bobbi Epp Revenue & Strategy Specialist Corporate Services _______________________________ Recommended by: Todd Harrison, CPA, CMA Commissioner/Treasurer Corporate Services Page 199 of 292 CSD 7-2024 March 6, 2024 Page 9 _______________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Beth Brens, Associate Director, Budget Planning & Strategy, and reviewed by Helen Furtado, Director, Financial Management & Planning. Appendices Appendix 1 Niagara Region 2024 Tax Policy Report Appendix 2 History of Regional Tax Ratios Appendix 3 Performance Measures Appendix 4 History of Regional Tax Ratios Page 200 of 292 Page 201 of 292 Page 202 of 292 Page 203 of 292 Page 204 of 292 Page 205 of 292 Page 206 of 292 Page 207 of 292 Page 208 of 292 Page 209 of 292 Page 210 of 292 Page 211 of 292 Page 212 of 292 Page 213 of 292 Page 214 of 292 Page 215 of 292 Page 216 of 292 Page 217 of 292 Page 218 of 292 Page 219 of 292 Page 220 of 292 Page 221 of 292 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 March 22, 2024 CL 4-2024, March 21, 2024 CSC 3-2024, March 6, 2024 CSC-C 4-2024 REVISED, March 6, 2024 DISTRIBUTION LIST SENT ELECTRONICALLY Motion – New Funding Model Resolution CSC-C 4-2024 REVISED Regional Council, at its meeting held on March 21, 2024, passed the following recommendation of its Corporate Services Committee: That the Province of Ontario BE REQUESTED to 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 That a copy of this motion BE SENT to all local area municipalities in Niagara to be endorsed, the Premier of Ontario, Minister of Municipal Affairs and Housing; Minister of Finance, the Association of Municipalities of Ontario, local MPs and MPPs. A copy of CSC-C 4-2024 REVISED is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk :ab CLK-C 2024-029 Page 222 of 292 Page 2 cc: H. Furtado, Director, Financial Management and Planning/ Deputy Treasurer Todd Harrison, Commissioner/ Treasurer, Corporate Services Kathy Beach, Executive Assistant to the Commissioner, Corporate Services Distribution List: Local Area Municipalities Premier of Ontario Minister of Municipal Affairs and Housing Minister of Finance Association of Municipalities of Ontario Local MPs and MPPs Page 223 of 292 CSC-C 4-2024 NEW FUNDING MODEL RESOLUTION WHEREAS current provincial-municipal fiscal arrangements are undermining Ontario’s economic prosperity and quality of life for residents of Niagara; 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; WHEREAS municipal revenues, such as property taxes, do not grow with the economy or inflation; WHEREAS unprecedented population and housing growth will require significant investments in municipal infrastructure with some municipalities in Niagara growing by 26% in a 5-year period; WHEREAS Niagara is home to several post-secondary institutions with significant growth putting additional pressure on municipal infrastructure and services such as public transportation, roads, and sidewalks which are required to service these post- secondary institutions and The Head per Bed Levy has remained unchanged since 1987 and had the Head Per Bed rate been indexed it would be $158 per head today; WHEREAS municipalities are being asked to take on complex health and social challenges – like people who are unhoused, supporting asylum seekers and addressing the mental health and addictions crises; WHEREAS inflation, rising interest rates, and provincial policy decisions are sharply constraining municipal fiscal capacity; WHEREAS property taxpayers – including people on fixed incomes and small businesses – can’t afford to subsidize income re-distribution program; WHEREAS childcare continues to be a barrier for families who work and live in Niagara. Residents require a childcare plan that does not increase municipal costs which could result in reductions of services to families who rely on childcare while restoring the provincial contribution for administrative costs-sharing for childcare, removing the 5% cap as well as fully funding the expansion of new spaces with provincial dollars; 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 to serve the best interest of residents. Page 224 of 292 CSC-C 4-2024 NOW THEREFORE BE IT RESOLVED: 1. That the Province of Ontario BE REQUESTED to 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 2. That a copy of this motion BE SENT to all local area municipalities in Niagara to be endorsed and to the Premier of Ontario; Minister of Municipal Affairs and Housing; the Minister of Finance; and to the Association of Municipalities of Ontario as well as local MPP’s Jennie Stevens, Wayne Gates, Jeff Burch and Sam Oosterhoff, MP’s Chris Bittle, Tony Baldinelli, Dean Allison and Vance Badawey. Page 225 of 292 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-Securing the Future of Natural Gas in Ontario | Keeping Energy Costs Down Act - deadline to speak is March 26 at noon From: Julie Alexander <Julie.Alexander@enbridge.com> Sent: Monday, March 25, 2024 3:45 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Cc: Bill Matson <billmatson@niagarafalls.ca>; Jason Burgess <jburgess@niagarafalls.ca> Subject: [EXTERNAL]-Securing the Future of Natural Gas in Ontario | Keeping Energy Costs Down Act - deadline to speak is March 26 at noon Good afternoon Mayor Diodati, Enbridge has voiced numerous concerns with the Ontario Energy Board's (OEB) decision on Phase 1 of the Enbridge Gas 2024 rebasing application, which was 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. We took action. In January, we appealed the decision in Divisional Court, and filed a Motion to Review evidence with the OEB. The Government of Ontario has taken action as well and introduced the Keeping Energy Costs Down Act. Today I’m reaching out to ensure you and your municipality is aware that the Standing Committee on the Interior will meet to Consider Bill 165 on Monday, April 8 and Tuesday, April 9. Interested people who wish to be considered to make an oral presentation on Bill 165 are required to register by noon on March 26. Those interested in commenting on the Bill may send a written submission by April 9. Details can be found at the following link: Request to participate in committees | Legislative Assembly of Ontario (ola.org) We commend the Government for its efforts in taking definitive action in support of affordable energy and consumer choice. The proposed legislation reinforces the critical role of natural gas in keeping energy costs down for Ontarians and the importance of natural gas and its associated infrastructure in achieving Ontario’s energy transition. Enbridge has registered to make an oral presentation to share our position on the proposed legislation and I have attached our key themes and focus areas in the attached file. In addition, I am also pleased to provide an updated fact sheet with information on the OEB’s de cision, the role of natural gas in Ontario, and correct the record on numerous claims being circulated by activists that are simply untrue. You can also find information and resources on our website at Natural Gas Matters | Enbridge Gas. I welcome the opportunity to discuss any of these items with you at your earliest convenience. Thank you for your support in securing Ontario’s energy future. Kind regards, Julie Julie Alexander Senior Advisor, Municipal and Stakeholder Engagement -------------- Page 226 of 292 2 ENBRIDGE GAS INC. OFFICE: 905-984-4956 | CELL: 289-257-6036 | EMAIL: julie.alexander@enbridge.com P.O Box 1051, Thorold, Ontario L2V 5A8 enbridgegas.com Integrity. Safety. Respect. Canada’s Anti-Spam Legislation (CASL) requires Enbridge Gas Inc., to provide you with an option to unsubscribe from receiving commercial electronic messages (CEM) including certain emails promoting our services. If you wish to opt-out from receiving further commercial electronic messages, please Click here to unsubscribe. 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 227 of 292 1 Bill 165 Committee Hearing • The Government of Ontario must be commended for its efforts in taking a definitive action in support of affordable energy and consumer choice by introducing the Keeping Energy Costs Down Act. • This proposed legislation is a step in the right direction to addressing energy affordability, resiliency, and reliability. However, given that the core of the OEB Rebasing decision remains, there continues to be critical barriers that must be addressed to ensure the decision does not have significant negative impacts on Ontario’s growth plans, including on housing developments and Ontario’s broader economic development plans for its industrial and agricultural sectors. • This proposed legislation reinforces the critical role of natural gas in keeping energy costs down for Ontarians and the importance of natural gas and its associated infrastructure in achieving Ontario’s energy transition in a measured and practical way. Supporting affordable access to natural gas will help fuel a better and more prosperous future for Ontario. • We were heartened to see language in Bill 165 that speaks to the importance of broader engagement on the part of the OEB, as engaging the right stakeholders and the right economic sectors at the right times can only help the Board develop a more complete understanding of the impacts of every potential decision. Policy Clarity • This bill sends a strong signal about the importance of ensuring all Ontarians can access the affordable, reliable energy they need today and into the future. • It is critical that the Government provide timely clarity to investors and regulators, through a Natural Gas Policy Statement, on the critical role natural gas plays in Ontario’s energy future including in supporting affordable housing and ensuring economic development can be realized. o The statement should address the importance of regulatory recovery certainty to ensure investments can be made to support the energy infrastructure required by Ontario’s residents and businesses. Revenue Horizon • Bill 165, if passed, would reset that horizon from zero to 40 years, as prescribed in OEB’s long- standing regulation, E.B.O. 188. • The concern about an abrupt shift to a zero-revenue horizon is three-fold: o It would have an immediate impact on the cost of individual new homes. o It could also significantly slow overall residential development just as the More Homes Built Faster Act attempts to address a generational housing crisis in this province. o And it raises some important questions about the capacity of the electricity system to meet a sudden spike in residential demand. ▪ If the 1.5 million new homes proposed in the More Homes Built Faster Act over 10 years were all-electric, a very conservative estimate is that an additional 750 MW in electric demand would be added annually. Page 228 of 292 2 • The proposed legislation reversing the Revenue Horizon decision is an important step in the right direction to remove what would have been a new barrier to accessing affordable energy. o Once the government introduces a Natural Gas Policy Statement, it intends through regulation to require the OEB to consider this issue again. After the time-limited authority expires, the exclusive jurisdiction to determine a revenue horizon will be returned to the OEB. Capital Envelope • The OEB’s decision strips Enbridge’s capital budget of $300 million in 2024 and billions over the next five years. This will significantly constrain Enbridge’s ability to invest in energy projects that contribute to Ontario’s economic development, competitiveness, and emissions reductions. • The reduction in capital immediately puts at risk thousands of planned connections in 2024 and will significantly constrain our ability to invest in energy projects that contribute to addressing Ontario’s housing affordability crisis and Ontario’s economic development, competitiveness, and emissions reductions. • Serving our 3.9 million existing customers safely and reliably will always be our priority, and that’s where we will direct our dollars first. If there is no remaining capital to support growth projects and development across Ontario, greenhouses, grain dryers, industrial parks, and any new businesses or housing developments seeking access to natural gas will be at risk. • It is imperative that strategic investments in the energy infrastructure are backed by a supportive regulatory environment that not only incentivizes and facilitates those investments but also ensures the availability of capital to meet Ontario’s growing demand for affordable, reliable, and resilient energy. • Government must send a clear signal that for existing and continued capital investments in energy infrastructure, which are required to meet Government policy goals and/or the needs of Ontario customers, that the OEB shall ensure cost recovery mechanisms that provide regulatory certainty for recovery of and fair returns on such capital. LTC • We commend the government for heeding the concerns voiced by municipalities and municipal and agricultural organizations regarding the outdated $2 million threshold that triggers requirements to obtain Leave to Construct (LTC) for small pipeline projects. • These changes will help to expedite the development of crucial infrastructure such as housing and transit. The proposed legislation will also save tens of thousands of dollars, which would have otherwise been passed on to ratepayers. • These changes will go a long way in reducing costs, improving efficiency, and promoting development in Ontario’s energy sector. Page 229 of 292 Absolutely, and to do so requires a responsible approach that includes both natural gas and electricity, with collaboration between energy providers, regulators and governments. However, Ontario’s energy transition pathway has reached a divide with a recent Ontario Energy Board (OEB) decision. • From 2025 onwards, builders and developers will be required to pay for all construction costs related to new gas connections at the start of the design of the project. Depending on the size of the project, it could mean millions of dollars of carrying costs for years in advance of any sales or occupancies. • The OEB decision has cut the 2024 Enbridge Gas capital budget by $300 million. This means that opportunities to invest in or grow natural gas infrastructure to meet increased demand will be limited. We are assessing which planned and future projects will be impacted. • The OEB’s decision is intended to be effective immediately for all connections, with no recognition of agreements signed before the implementation dates of 2024 and 2025. Affordable, reliable, sustainable energy— can Ontarians have it all? Natural gas plays a critical role in Ontario • Natural gas provides twice the energy of electricity at a quarter of the cost. • Natural gas delivers five times more capacity than the maximum electricity demand in Ontario on a peak winter day. In any weather, our reliable natural gas system delivers. • With unmatched energy intensity, natural gas is the energy backbone for Ontario industry and manufacturing. • Natural gas partners well with renewable sources of energy and will support the evolution to a more electrified future. • Leveraging pipeline infrastructure to deliver lower-carbon fuels, such as renewable natural gas and hydrogen, can be part of Ontario’s lower carbon future. On Feb. 22, 2024, the Ontario Government introduced Bill 165, the Keeping Energy Costs Down Act that, if passed, would reverse elements of the Dec. 2023 OEB decision that would have significantly increased the cost of gas connections for new homes and businesses. Public hearings, which include presentations and written submissions, will be held in Toronto on April 8, 2024 and April 9, 2024. Page 230 of 292 Have questions? We have answers. Contact municipalaffairs@enbridge.com to get started or visit enbridgegas.com/natural-gas-matters to learn why natural gas matters to Ontario. We are committed to advocating for natural gas infrastructure in Ontario’s energy evolution and ensuring our customers can access safe, reliable, affordable energy. Enbridge Gas applauds the Government of Ontario for advancing legislation and advocating for access to safe and reliable natural gas at a reasonable cost. If you would like to ensure access to reliable and affordable natural gas for Ontario, we encourage you to speak up! Support the Ontario Government’s actions: There are two ways you can participate in Bill 165’s public hearings: you can register as a presenter or you can submit your comments through written submission. For details on how you can have your voice heard, please contact your Enbridge Gas Municipal Advisor. Engage publicly: Post on your website and on social media, respond publicly to media coverage with countering arguments on the need for access, customer choice and natural gas infrastructure. Engage with the OEB: Send a letter to the OEB, letting them know how these changes will impact your business. There is a lot of information out there and we understand that it can be confusing. We are here to help cut through the information clutter and get to the facts. Myth: Enbridge Gas receives subsidies for new gas infrastructure from the Government of Ontario. Fact: This is simply not true. Unlike Ontario’s heavily- subsidized electricity system, Enbridge Gas does not receive subsidies, nor does Enbridge Gas receive taxpayer money. Myth: Existing Enbridge Gas customers subsidize new natural gas connections. Fact: Enbridge Gas abides by an existing Ontario Energy Board policy, EBO-188, which protects existing customers from the cost of expanding the natural gas system. It ensures costs are appropriately attributed to the customers who will benefit from that expansion. Myth: If natural gas infrastructure is unavailable as a result of the OEB’s decision to reduce Enbridge Gas’ capital budget, other energy sources are available to replace. Fact: The OEB decision did not provide evidence that other energy sources are ready to replace natural gas. For builders and developers, this could limit the ability to construct in 2024 and beyond. Search enbridgegas to connect with us Visit us online: enbridgegas.com Page 231 of 292 Hello Councillors and Mayor of Niagara Falls. Thank you for allowing me to speak with today on an extremely important topic – A surprisingly controversial action that I view as a pivotal component of a much larger puzzle that is being pieced together across Canada and the world. I’m referring to the recent OEB Decision to eliminate subsidies for new fossil (so-called natural) gas infrastructure expansion projects, and its role in the bigger challenge of addressing climate change, and managing a Just Transition to a heathier greener society – One built on the foundation of non-polluting and sustainable energy. When I first learned about the OEB Decision last December, it was like getting the best Christmas gift ever – It appeared that finally, Ontario is going to take action to address the affordability crisis and climate change while transforming part of our energy system. It was huge news! Unfortunately, it didn’t take long for Enbridge and our Provincial Government to play the role of the Grinch and steal this precious gift from all of us! The controversy centers around two alternatives: Making changes for the better; or Maintaining the status quo. It is the nature of change that affects people and organizations differently, so I suppose there should be no surprise that there are opposing forces coming at us with conflicting information and messages. Who/what should we believe? On one side we have the Ontario Energy Board (OEB), a qualified, unbiased and independent body responsible for making energy decisions that are in the best interests of Ontarians. The OEB is supported by over a dozen local and Provincial environmental groups who are looking to provide Ontarians the best path forward to clean affordable energy. On the other side we have Enbridge Gas, who while responsible for providing fossil gas to most Ontarians, is a publicly traded corporation whose primary objective is to maximize profit. They are currently supported by our Provincial Government, who appear to have prioritized protecting Enbridge’s executives and shareholders over the wellbeing of Ontarians. At the crux of the issue is the existing Enbridge business model which is based on the ability to fund their gas expansions and business growth by raising rates of existing customers and amortizing their infrastructure costs over 40 years. The first piece of this model results in increased gas rates while the second piece ignores the reality of the green energy transition underway by assuming fossil gas will be used in home heating for decades to come. The OEB understands that the cheapest way to heat buildings now is with heat pumps, not fossil gas. Consistent with the US Inflation Reduction Act and the EU’s Green Deal, along with the allocation of hundreds of billions of dollars to non-polluting/sustainable energy projects, the OEB knows that a renewable energy transition is underway, and hence understands that Ontario’s current regulatory model for fossil gas is no longer valid. The OEB Decision levelled the playing field, opening the door to alternative home heating utilizing a variety of proven geothermal district energy and/or heat pump technologies. Meanwhile, Enbridge understands that their gravy train is coming to an end so they’re fighting back – and they’re fighting dirty. No surprise from a corporation that is currently being investigated by the Competition Commissioner for misleading the public by falsely claiming that ‘fossil gas is low carbon, clean energy and the most cost-effective way to heat their homes’. Now Enbridge has sent letters to municipalities that are less than honest and/or complete. Personally, I have nothing against Enbridge, however if they are going to have a successful future, they need to embrace the changes that will take us to a cleaner, more affordable world, not simply fight to maintain their multi-billion-dollar profit margins. They should emulate their counterparts south of the border who Page 232 of 292 are re-inventing themselves into suppliers of geothermal and other clean energy solutions. Enbridge would be best served by making changes on their own before they are forced to. Our progressive neighbours in New York State and Quebec have passed laws prohibiting fossil gas connections in new construction. In conclusion, the OEB and the environmental groups supporting them are doing their jobs - Protecting the people of Ontario and showing us the path forward to a non-polluting, sustainable energy future. Enbridge is fighting to save their unfair advantage and unfortunately, Bill 165 stops the OEB from making the necessary improvements to a ‘business model’ that has reached its end of life. For my perspective on the Enbridge correspondence attached to the City Council Agenda, please see the pages below. Please note that the orange text was taken directly from the Enbridge Cover Letter, their Bill 165 Committee Hearing document and Fact Sheet for Home Builders, while the green text contains my responses/arguments. Thanks you, Mark Freeman Concerned citizen of the Niagara Region Page 233 of 292 The disappointing (OEB) decision puts future access to natural gas in doubt and sets a deliberate course to eliminate natural gas from Ontario's energy mix. / … elements of the Dec. 2023 OEB decision that would have significantly increased the cost of gas connections for new homes and businesses. • Nothing in the OEB Decision limits access to fossil gas. The OEB Decision provides developers and new home buyers a choice, to use either fossil (so-called natural) gas or a variety of non-fossil fuel options to heat their home. While the OEB decision is technology agnostic, fossil-free options exist including air-source or ground source heat pumps at the individual home/building level, as well as building or community level geothermal-based district energy solutions. All of these solutions are available today and are already being used in Ontario and around the world. • The OEB Decision does not increase the cost of heating homes in Ontario. As per Clean Energy Canada’s report A Clean Bill, “Our analysis showed that an average Toronto family that adopts a few common clean energy technologies, like heat pumps, could save $800 a month on energy costs…” We commend the Government for its efforts in taking definitive action in support of affordable energy and consumer choice. / The proposed legislation (Bill 165) reinforces the critical role of natural gas in keeping energy costs down for Ontarians and the importance of natural gas and its associated infrastructure in achieving Ontario’s energy transition. / (Natural Gas is) Affordable, reliable, sustainable energy… • The truth is that Bill 165 effectively removes consumer choice, locking in higher prices and ongoing greenhouse gas (GHG) emissions for years to come - Once fossil gas lines are built-out (and gas furnaces / water heaters installed), customer choice is effectively lost. As per multiple studies and reports, heating homes with heat pumps is more affordable than using fossil gas. (1) (2) (3) • Because developers do not pay for gas infrastructure or ongoing heating bills, they currently have no incentive to use anything other than the status quo – fossil gas. The OEB Decision encourages developers to utilize the most cost-effective solutions for new home buyers. (4) (5) • Continued growth of fossil gas infrastructure has no part to play in Ontario’s energy transition. GHG emissions from the extraction, processing, transportation and burning of fossil gas are a major component of the climate change problem, responsible for approximately one-third of Ontario's greenhouse gas emissions (6) • So-called Natural gas is a fossil fuel and hence by definition is NOT sustainable energy! It is critical that the Government provide timely clarity to investors and regulators, through a Natural Gas Policy Statement, on the critical role natural gas plays in Ontario’s energy future including in supporting affordable housing and ensuring economic development can be realized. • As heating homes is more affordable with heat pumps than with fossil gas, this statement relating to ‘affordable housing’ is inaccurate. • Investors are looking to reduce/eliminate GHG emissions from their operations, hence they want assurances of low emission buildings, not those heated by fossil (so-called natural) gas. • As per Clean Energy Canada, “global investments in the energy transition are ramping up alongside a growing understanding that no country or province can have a thriving, resilient, and affordable economy without investing in a cleaner future”. Economic development is hampered by our resistance to change and for as long as we cling to fossil gas. Bill 165, if passed, would reset that horizon from zero to 40 years, as prescribed in OEB’s longstanding regulation, E.B.O. 188. The concern about an abrupt shift to a zero-revenue horizon is three-fold: Page 234 of 292 • It would have an immediate impact on the cost of individual new homes. o This is only true if developers and new home buyers choose to heat with fossil gas, and Enbridge continues to force customers to pay for their capital investments. Choosing fossil- free solutions will incure no gas connection fees. (4) • It could also significantly slow overall residential development just as the More Homes Built Faster Act attempts to address a generational housing crisis in this province. o Incorrect - Residential housing development can now be accelerated as builders no longer have to wait for fossil gas procedural requirements or the actual infrastructure to be built. • And it raises some important questions about the capacity of the electricity system to meet a sudden spike in residential demand. o The OEB did not call for gas to be replaced by electricity. It simply said that costs must be reduced and that the subsidy for new pipelines must end. o The Province is slowly moving in the right direction by procuring more renewable energy and energy storage capabilities, and they have also signed a new contract for Quebec hydropower to help manage peak demand o The Government of Ontario can alleviate remaining concerns by allowing offshore wind generation in the great lakes and incentivizing residential and small businesses to sell electricity (ex. Rooftop Solar) to the grid – Initiatives consistent with the green energy transition we’re seeing around the world. o Furthermore, the Province can incentivize the use of ground-source heat pump solutions that utilize half the electricity of their air-source counterparts. Finally, as a worst-case scenario, existing gas-fired power plants can be turned up on peak days if required. The proposed legislation (Bill 165) reversing the Revenue Horizon decision is an important step in the right direction to remove what would have been a new barrier to accessing affordable energy • The opposite is true – Bill 165 removes the opportunity for developers and new home buyers to pursue cheaper fossil-free alternatives to heating buildings. Bill 165 also locks in paying for fossil gas infrastructure for decades, leading to stranded assets to be paid for by an ever-shrinking base of customers as Ontarians abandon fossil gas in favour of cleaner cheaper home heating alternatives. If there is no remaining capital to support growth projects and development across Ontario, greenhouses, grain dryers, industrial parks, and any new businesses or housing developments seeking access to natural gas will be at risk. • There may be a few legitimate cases for fossil gas expansion to support Niagara’s agricultural- based businesses over the next few years, however better and cheaper alternatives already exist, so the heavy-handed overreach of the Ontario Government is not required. Geothermal (ground source heat pump) technologies are being used successfully all over the world, including in Ontario (8). Greenhouses, with heating (and cooling) provided by solar (passive and/or PV) as well as ground source heat pumps exist across the globe (9). Soon, even drying grain will be done with heat pumps (10). • Another perspective to consider is that as more and more people inevitably join the green energy transition and abandon fossil gas in favour of cheaper and cleaner heat pump technologies, the price of gas for remaining Enbridge customers will rise and rise as fewer people are forced to pay for Page 235 of 292 the ongoing amortization of the gas network. We do not want any of these stranded customers to include Niagara Region’s farmers and greenhouse owners as it would increase the cost of food production. It is in everybody’s best interest for the Region’s greenhouse owners to transition to alternative energy solutions ASAP. Without fossil gas subsidies, the most economical way to heat greenhouses is with passive solar and/or heat pumps. Solutions also exist to ensure greenhouses obtain the CO2 they need as plant food. The OEB decision is encouraging these businesses to manage their transition before the inescapable rising costs of gas makes life difficult for everyone. …builders and developers will be required to pay for all construction costs related to new gas connections at the start of the design of the project / The OEB decision has cut the 2024 Enbridge Gas capital budget by $300 million… • The OEB did not mandate that Enbridge’s capital costs are transferred to developers, nor does it remove ‘budget’ from Enbridge. It simply said that costs must be reduced and that the subsidy for new pipelines must end. Public hearings, which include presentations and written submissions, will be held in Toronto on April 8, 2024 and April 9, 2024. • The OEB’s Decision last December, came after a year-long process that involved tens of thousands of pages of documents analyzed in public hearings, and dozens of interviews with experts across the industry – The OEB Decision came as a result of a truly independent and unbiased process. Because Enbridge didn’t like the OEB Decision, the Ontario Government is forcing a ‘do-over’. The new public hearings being held on April 8 and 9, 2024, are not required! Natural gas provides twice the energy of electricity at a quarter of the cost • There are no references listed to verify or challenge this statement or put it into any reasonable context. • Many reports over the past few years have verified that renewable energy coupled with heat pump technologies provide cheaper end-to-end energy /heating solutions than fossil gas. Reference Clean Energy Canada’s report entitled ‘A Renewables Powerhouse’ for more information. In any weather, our reliable natural gas system delivers. • This statement lacks credibility. Recent electrical grid failures in Alberta and Texas, originally blamed on faulty renewable energy sources, were in fact due to fossil gas ‘freeze-ups’ (11) (12) Leveraging pipeline infrastructure to deliver lower-carbon fuels, such as renewable natural gas and hydrogen, can be part of Ontario’s lower carbon future. • While Renewable Natural Gas (RNG) may not have all the GHG emissions associated with fossil fuel extraction, RNG is still fossil gas that has the same GHG emissions associated with the processing, transportation and burning – It is not a low-carbon fuel! That said, RNG will likely play a limited role in Ontario’s future, providing energy to a few select ‘hard to decarbonize’ industries. • Hydrogen can be produced a number of ways, including from fossil gas, which is not a low-carbon fuel. True green hydrogen will likely be used in a few ‘hard to decarbonize’ sectors, however it is extremely expensive and hence not realistic for affordable home heating. Page 236 of 292 Myth: Enbridge Gas receives subsidies for new gas infrastructure from the Government of Ontario. • A rose by any other name… While not a direct taxpayer funded subsidy, Enbridge’s current business model, previously approved by the OEB, relies on their network infrastructure growth to be funded by existing customers. As Enbridge is not paying for their growth from their own operations (profits), the OEB has, until the recent decision, allowed Enbridge a subsidy of sorts. (13) • Developers do not pay for the pipelines used to feed buildings with fossil gas, so once again, they are essentially being ‘subsidized’ to build them. (14) Myth: Existing Enbridge Gas customers subsidize new natural gas connections. • As per the OEB Decision, section 4.2 Recovery of Integration-Related Capital Costs: o ‘Enbridge Gas referenced the OEB’s general principle of “benefits follow costs” and submitted that customers should pay the ongoing integration capital costs that will continue to benefit them after rebasing in 2024.’ • It is appalling that Enbridge is even making this claim… References: 1. As per Environmental Defense’s letter to Energy Minister Smith on January 18 • The OEB’s decision and many studies confirm that heat pumps achieve lower costs versus gas equipment - see: Evidence of the Energy Futures Group in OEB File # EB-2022-0200, p.23; Dr. Heather McDiarmid, An Analysis of the Financial and Climate Benefits of Electrifying Ontario’s Gas-Heated Homes by Installing Air-Source Heat Pumps, August 2, 2022, p. 11; Corporate Knights, GREEN house effect: Calculate the savings from electrifying your home, June 20, 2023 (link); Ontario Ministry of Energy, Discussion Paper, August 2023, pp. 10-11; OEB Decision and Order in EB-2022-0200, December 21, 2023, p. 41 and see also p. 34 regarding the perverse incentives for developers. 2. OEB Decision and Order in EB-2022-0200, December 21, 2023, p. 48 (link); The cost is over $300 million annually including all cost categories, such as capitalized overhead – see Exhibit J13.7 (link, PDF p. 305). 3. OEB Decision and Order in EB-2022-0200, December 21, 2023, p. 41 4. OEB Decision and Order in EB-2022-0200, December 21, 2023, p. 34 5. As per Environmental Defense’s letter to Energy Minister Smith on January 18 • OEB Decision and Order in EB-2022-0200, December 21, 2023, p. 41 (link)(“When a developer is faced with the full cost of including gas service in a development, that developer will be fully incented to choose the most cost effective, energy efficient choice in a manner that not only achieves efficiency in the cost of housing in a competitive market and lowers the operating cost Page 237 of 292 of that housing, but also maximizes the contribution to achieving government decarbonization policy goals.”) 6. Enbridge Evidence in Ontario Energy Board File #EB-2022-0200, Exhibit 1, Tab 10, Schedule 3, Page 2 (link). upstream leaks add at least an additional 40% to the harmful climate impact (likely more if the latest science and measurements are used). 8. Just a few samples of geothermal companies/projects in Ontario: https://www.geosourceenergy.com/projects with over 383 geothermal projects https://www.enwave.com/geocommunities.htm including a housing development in Markham https://subterrarenewables.com/portfolio 9. Heating (and cooling) greenhouses with solar / geothermal https://8billiontrees.com/solar-panels/solar-greenhouse/ https://ceresgs.com/greenhouses/commercial/ https://arka360.com/ros/solar-powered-greenhouses-benefits-challenges/ https://www.geothermal-energy.org/pdf/IGAstandard/WGC/2020/01018.pdf https://www.hortidaily.com/article/9552488/the-number-of-geothermal-greenhouses-are-rapidly- increasing-in-turkey/ 10. Using heat pumps to dry grains https://library.csbe-scgab.ca/docs/meetings/2018/CSBE18109.pdf https://gfo.ca/research- projects/c2022ut03/ (from the Grain farmers of Ontario) 11. https://www.nationalobserver.com/2024/01/16/opinion/danielle-smith-attacks-wind-solar-cold- comfort-albertans 12. https://www.npr.org/sections/live-updates-winter-storms-2021/2021/02/18/968967137/no-the- blackouts-in-texas-werent-caused-by-renewables-heres-what-really-happened 13. OEB Decision and Order in EB-2022-0200, December 21, 2023, p. 48 14. Submissions of Environmental Defence Re: Enbridge’s 2024 Rebasing Case – Phase I (September 19, 2023) pp 20-21. Page 238 of 292 Delegation to Niagara Falls City Council –April 9, 2024 Comments Relating to Enbridge Correspondence Page 239 of 292 The Basics of the Debate •The existing Enbridge business model: •Funding for network expansions (and business growth) is achieved by raising rates of existing customers •Network infrastructure costs are amortized over 40 years. •The OEB has concluded that the cheapest way to heat buildings now is with heat pumps, not fossil (so-called natural) gas. •The OEB Decision levels the playing field, opening the door to Zero Emission Buildings utilizing a variety of proven fossil -free solutions including heat pumps or building/community level district energy •Bill 165 reverses the OEB Decision, maintaining the ‘status quo’Page 240 of 292 A Sample of Enbridge Claims / Rebuttals The OEB Decision puts future access to natural gas in doubt / sets a deliberate course to eliminate natural gas from Ontario's energy mix •The OEB Decision does not limit access to fossil gas, it provides developers and new home buyers a choice to use either: •Fossil gas to heat their home, or •Any one of a variety of non-fossil fuel options to heat their home The OEB Decision increases the cost of gas connections •This is only true if developers and new home buyers choose to heat with fossil gas. Choosing fossil-free solutions will not incur any costs to connect to gas. Page 241 of 292 A Sample of Enbridge Claims / Rebuttals Bill 165 provides consumer choice •Once fossil gas lines are built-out (and gas furnaces / water heaters installed), customer choice is effectively lost. Bill 165 effectively removes choice, locks in higher prices and ongoing greenhouse gas (GHG) emissions for years to come! Bill 165 supports affordable energy •Developers do not pay for gas infrastructure or ongoing heating bills therefore they currently have no incentive to use anything other than fossil gas. The OEB Decision encourages developers to utilize the most cost- effective solutions for new home buyers. •As per multiple studies and reports heating homes with heat pumps is more affordable than using fossil gas. Page 242 of 292 A Sample of Enbridge Claims / Rebuttals Natural Gas is sustainable energy…and its infrastructure is critical in achieving Ontario’s energy transition •Growing fossil gas infrastructure has no part to play in Ontario’s energy transition as GHG emissions from the extraction, processing, transportation and burning of fossil gas are a major component of the climate change problem, responsible for approximately one-third of Ontario's greenhouse gas emissions •So-called Natural gas is a fossil fuel and hence by definition is NOT sustainable energy! Bill 165 provides clarity to investors… on the critical role natural gas plays in ensuring economic development can be realized •Investors are looking to reduce/eliminate GHG emissions from their operations, hence they want low/zero emission buildings -Fossil gas cannot provide this. •As per Clean Energy Canada, “global investments in the energy transition are ramping up… no country or province can have a thriving, resilient, & affordable economy without investing in a cleaner future”. Page 243 of 292 A Sample of Enbridge Claims / Rebuttals … Questions about the capacity of the electricity system •The Province is procuring more renewable energy and energy storage capabilities, and have also signed a new contract for Quebec hydropower to help manage peak demand •The Government of Ontario can further alleviate concerns by allowing offshore wind generation in the great lakes & incentivizing residential / small businesses to sell electricity (ex. Rooftop Solar) to the grid •Furthermore, the Province can incentivize the use of ground-source heat pump solutions that utilize half the electricity of their air-source counterparts. •As a worst-case scenario, existing gas-fired power plants can be ramped up on peak days. …the Revenue Horizon is a barrier to affordable energy •Bill 165 removes the opportunity for developers and new home buyers to pursue cheaper fossil-free alternatives to heating buildings. Bill 165 also locks in paying for fossil gas infrastructure for decades, leading to stranded assets to be paid for by an ever-shrinking base of customers as Ontarians abandon fossil gas in favour of cleaner cheaper home heating alternatives Page 244 of 292 A Sample of Enbridge Claims / Rebuttals Public hearings will be held in Toronto on April 8, 2024 and April 9, 2024 •The OEB’s Decision last December, came after a year-long process that involved tens of thousands of pages of documents analyzed in public hearings, and dozens of interviews with experts across the industry •The OEB Decision came as a result of a truly independent and unbiased process. •Enbridge didn’t like the OEB Decision -the Ontario Government is forcing a ‘do-over’. Myth: Enbridge Gas receives subsidies for new gas infrastructure from the Government of Ontario. •While not a direct taxpayer funded subsidy, Enbridge’s current business model relies on their network infrastructure growth to be funded by existing customers. •As Enbridge is not paying for their growth from their own operations (profits), the OEB has, until the recent decision, allowed Enbridge a subsidy of sorts. •Developers do not pay for the pipelines used to feed buildings with fossil gas, so once again, they are essentially being ‘subsidized’ to build them.Page 245 of 292 Conclusions •What we’re really talking about is the OEB driving ‘change’, while Enbridge fights for the ‘status quo’ •The OEB Decision recognizes that the world is changing, and we need to adapt accordingly to the: •Impacts of Climate Change –They are happening now and will get worse if we take no action to slow the cause •Global Green Energy Transition -It is underway, and we need to get-onboard or get left behind •Affordability crises –We need changes in order to keep costs down Page 246 of 292 Conclusions •The existing Enbridge business model: •Funding for network expansions (and business growth) is achieved by raising rates of existing customers •Network infrastructure costs are amortized over 40 years. •The former results in increased gas rates while the latter ignores the reality of the green energy transition underway which will result in stranded assets (and higher gas rates) •The US Inflation Reduction Act and the EU’s Green Deal are allocating hundreds of billions of dollars to green energy projects •Ontario’s current regulatory model for gas is no longer valid Page 247 of 292 Office of the Clerk William Tigert, Clerk wtigert@pelham.ca 905-892-2607 x 315 20 Pelham Town Square | PO Box 400 |Fonthill, ON | L0S 1E0| www.pelham.ca March 28, 2024 premier@ontario.ca Honourable Doug Ford Premier of Ontario 823 Albion Road Etobicoke, ON M9V 1A3 Dear Honourable Doug Ford: Decision of the Ontario Energy Board to End the Gas Pipeline Subsidy At their regular meeting of March 27, 2024, Council of the Town of Pelham endorsed the following: WHEREAS residents of the Town of Pelham and other Ontario municipalities are struggling with rising energy costs; AND WHEREAS natural gas is no longer the only desirable way to heat homes because of innovations in electric heat pumps which can provide all heating needs even in cold climates, and result in competitive energy bills relative to gas heating; AND WHEREAS natural gas is a fossil fuel that contributes to Ontario’s greenhouse gas (GHG) emissions, and should be phased out over time when possible and practical, while heat pumps currently result in the lower GHG emissions and are consistent with a zero-carbon future; AND WHEREAS on December 21, 2023, the Ontario Energy Board (OEB) released a decision that eliminated a subsidy for the installation of gas pipelines in new construction developments as of January 1, 2025, finding that this would lower energy bills for existing gas customers and improve affordability for new homebuyers; AND WHEREAS on February 22, 2024, the provincial government introduced Bill 165 which, if passed, will effectively overturn the OEB decision; AND WHEREAS the OEB decision will help lower energy bills and encourage heating systems that are consistent with climate targets and plans; Page 248 of 292 Office of the Clerk William Tigert, Clerk wtigert@pelham.ca 905-892-2607 x 315 20 Pelham Town Square | PO Box 400 |Fonthill, ON | L0S 1E0| www.pelham.ca AND WHEREAS the construction of new methane gas pipelines, which have 60-year lifetimes, should not be subsidized because they are inconsistent with the Town's climate targets and will result in higher carbon emissions, higher energy bills, higher future decarbonization retrofit costs to get off fossil fuel heating; AND WHEREAS the Town of Pelham supports the decarbonization of heating and cooling systems in existing and future building stock within the community; NOW THEREFORE BE IT RESOLVED THAT Council endorses and supports the OEB decision to end the gas pipeline subsidy, opposes the provisions of Bill 165 that would effectively reverse the OEB decision, and calls on the Honourable T. Smith, Minister of Energy, and the Government of Ontario, to rescind or amend Bill 165 accordingly; THAT this resolution be circulated to the Premier of Ontario, Doug Ford; Minister of Energy, Todd Smith; Minister of Finance, Peter Bethlenfalvy; MPP, Sam Oosterhoff, the President of the Association of Municipalities of Ontario, Colin Best; and Local Area Municipalities. Should you require further information, please do not hesitate to contact Town Clerk, William Tigert 905-892-2607 ext 316. Yours very truly, William Tigert, Town Clerk /jl c. Niagara Region ann-marie.norio@niagararegion.ca; Town of Fort Erie PTodd@forterie.ca; Town of Grimsby clerks@grimsby.ca; Town of Lincoln clerks@lincoln.ca; City of Niagara Falls billmatson@niagarafalls.ca; Town of Niagara-on-the-Lake clerks@notl.com; City of Port Colborne saima.tufail@portcolborne.ca; City of St. Catharines ddelvecchio@stcatharines.ca; City of Thorold clerk@thorold.ca; Town of Wainfleet mkirkham@wainfleet.ca; City of Welland clerk@welland.ca; Town of West Lincoln jscime@westlincoln.ca Page 249 of 292 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 March 28, 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 March 26, 2024 adopted the following: 12.6.13 Home Heating Sustainability WHEREAS home heating energy costs is a major and onerous burden for Seniors and those with limited or fixed incomes; and WHEREAS the cost of natural gas to heat homes continues to climb due to many factors such as inaccurate meter readings, inflation, delivery and customer charges, carbon tax, among others, causing financial strain for many citizens; and WHEREAS 3.8 million households in Ontario currently use natural gas for home heating, representing about 70 per cent of Ontario households; and WHEREAS the carbon tax charged on heating bills is highly dependent on the amount of natural gas used and accounts for 20-25% of the utility bill; and WHEREAS Canadians have no choice but to heat their homes throughout the winter; and WHEREAS no citizen should have to choose between putting food on the table or heating their homes; and WHEREAS the carbon tax is increasing as of April 1, 2024 to $0.15 per cubic meter for natural gas, and the carbon tax rebate for homeowners is also increasing; and Page 250 of 292 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 Ontario homeowners can now expect to receive $1,120 annually for the rebate on average and the rebate will be renamed to the Canada Carbon Rebate; and WHEREAS starting on January 1, 2024, both SaskEnergy and SaskPower removed the federal carbon tax from home heating, resulting in savings for approximately 98 per cent of Saskatchewan families by exempting them from carbon tax on home heating oil; and WHEREAS the Canadian government has implemented new measures to help Atlantic Canadians lower their energy bills by making the average heat pump free to help low- to median-income Canadians switch to cleaner fuel and incentivizing the switch to heat pumps with $250 upfront payments; and WHEREAS the Canadian and Ontario governments have discontinued grant and rebate programs for Ontarians to retrofit their homes to be energy efficient such as Ontario’s green home-retrofit rebate program, the ecoENERGY home retrofit program, and the Canada Greener Homes Grant, making it difficult for homeowners to reduce their reliance on natural gas. NOW THEREFORE BE IT RESOLVED: A. THAT the Federal Government exclude home heating from the federal carbon tax to reduce the burden on citizens, as has been done in Saskatchewan; and B. THAT the Federal and Provincial Governments reinstate home energy retrofit rebate and grant programs to help Brantford residents retrofit their homes to be more energy efficient and provide barrier-free options for switching to less carbon-intensive fuel sources to lower their utility bills and avoid the carbon tax; and C. THAT the Clerk BE DIRECTED to forward a copy of this resolution to The Federal Minister of the Environment and Climate Change, The Honourable Steven Guilbeault, The Provincial Minister of Environment, Conservation and Parks, The Honourable Andrea Khanjin, The City of Brantford Member of Parliament, The Honourable Larry Brock, The City of Brantford Member of Provincial Parliament, The Honourable Will Bouma, and to each municipality in Ontario; and D. THAT the Mayor of the City of Brantford request that this resolution be added as an agenda item for consideration by the Ontario Big City’s Mayor Caucus. I trust this information is of assistance. Yours truly, Page 251 of 292 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 Chris Gauthier City Clerk, cgauthier@brantford.ca cc Federal Minister of the Environment and Climate Change, Honourable Steven Guilbeault Provincial Minister of Environment, Conservation and Parks, Honourable Andrea Khanjin All Ontario Municipalities Page 252 of 292 April 04, 2024 City of Hamilton Haldimand County Regional Municipality of Niagara Local Area Municipalities SENT ELECTRONICALLY Resolution No. FA-19-24 pertaining to Report No. FA-09-24 RE: New Conservation Authorities Act Legislative and Regulatory Requirements – NPCA Housekeeping Policy Amendments and Transition Plan At the Board of Directors meeting held on March 22, 2024, the Board passed the following resolution: Resolution No. FA-19-24 WHEREAS the Niagara Peninsula Conservation Authority (NPCA) Policy Document: Policies for Planning and Development in the Watersheds of the Niagara Peninsula Conservation Authority was approved by the Board of Directors on November 4, 2022, through Resolution No. FA-105-2022, with additional approval of deferred policies on November 18, 2022, through Governance Committee Recommendation No. GC-37- 2022; WHEREAS on February 16, 2024, the Ministry of Natural Resources and Forestry issued a notice on the Environmental Registry of Ontario of the government’s decision to proclaim legislative and regulatory amendments under the Conservation Authorities Act that will come into force on April 1, 2024; NOW THEREFORE IT BE RESOLVED THAT Report No. FA-09-24 RE: New Conservation Authorities Act Legislative and Regulatory Requirements – NPCA Housekeeping Policy Amendments and Transition Plan BE APPROVED; THAT staff BE AUTHORIZED to implement the transition plan identified in Appendix 2 and to report to the Board periodically on these matters; THAT a copy of the Board of Directors decision and Report FA-09-24 RE: New Conservation Authorities Act Legislative and Regulatory Requirements – NPCA Housekeeping Policy Amendments and Transition plan be CIRCULATED to the Office Page 253 of 292 of the Clerk for NPCA’s watershed upper, single, and lower-tier municipalities for their information, and POSTED on the NPCA’s website. A copy of Report No. FA-09-24 and associated Appendices are enclosed for your reference. Sincerely, Melanie Davis Manager, Office of the CAO & Board Niagara Peninsula Conservation Authority cc: Chandra Sharma, CAO / Secretary - Treasurer Leilani Lee-Yates, Director, Planning & Development Page 254 of 292 Report No. FA-09-24 New Conservation Authorities Act Legislative and Regulatory Requirements – NPCA Housekeeping Policy Amendments and Transition Plan Page 1 of 14 Report To: Board of Directors Subject: New Conservation Authorities Act Legislative and Regulatory Requirements – NPCA Housekeeping Policy Amendments and Transition Plan Report No: FA-09-24 Date: March 22, 2024 ______________________________________________________________________________ Recommendation: WHEREAS the Niagara Peninsula Conservation Authority (NPCA) Policy Document: Policies for Planning and Development in the Watersheds of the Niagara Peninsula Conservation Authority was approved by the Board of Directors on November 4, 2022, through Resolution No. FA-105-2022, with additional approval of deferred policies on November 18, 2022, through Governance Committee Recommendation No. GC-37-2022; WHEREAS on February 16, 2024, the Ministry of Natural Resources and Forestry issued a notice on the Environmental Registry of Ontario of the government’s decision to proclaim legislative and regulatory amendments under the Conservation Authorities Act that will all come into force on April 1, 2024; NOW THEREFORE IT BE RESOLVED THAT Report No. FA-09-24 RE: New Conservation Authorities Act Legislative and Regulatory Requirements – NPCA Housekeeping Policy Amendments and Transition Plan BE APPROVED; THAT staff BE AUTHORIZED to revise NPCA Policy Document: Policies for Planning and Development in the Watersheds of the Niagara Peninsula Conservation Authority to include housekeeping amendments described in Appendix 1 for implementation on the provincially set date of April 1, 2024; THAT staff BE AUTHORIZED to implement the transition plan identified in Appendix 2 and to report to the Board periodically on these matters; Page 255 of 292 Report No. FA-09-24 New Conservation Authorities Act Legislative and Regulatory Requirements – NPCA Housekeeping Policy Amendments and Transition Plan Page 2 of 14 THAT a copy of the Board of Directors decision and Report FA-09-24 RE: New Conservation Authorities Act Legislative and Regulatory Requirements – NPCA Housekeeping Policy Amendments and Transition Plan be CIRCULATED to the Office of the Clerk for NPCA’s watershed upper, single and lower-tier municipalities for their information, and POSTED on the NPCA’s website. Purpose: The purpose of this report is to inform the Board of the new provisions under the Conservation Authorities Act and new regulations coming into effect on April 1, 2024, to provide a summary of key changes, and to seek approval of staff recommendations for housekeeping amendments to the NPCA Policy Document and a transition plan for conforming to the legislative and regulatory changes. Background: In recent years, the Conservation Authorities Act, has been amended through several pieces of legislation starting in 2017 with the Building Better Communities and Conserving Watersheds Act, and more recently in late 2022 through the More Homes Built Faster Act (Bill 23). These amendments have been implemented at various times per legislative proclamations. In late 2022, a regulatory proposal for “Proposed updates to the regulation of development for the protection of people and property from natural hazards in Ontario” was posted on the Environmental Registry of Ontario (ERO) for consultation. Conservation authorities across the province, including the NPCA, have provided comments to the Provincial Government on the proposed changes either directly or through Conservation Ontario. During the consultation on Bill 23, the NPCA sent comments directly through the ERO and was invited to make a delegation to the Standing Committee on Heritage, Culture and Infrastructure Policy. On February 16, 2024, the Ministry of Natural Resources and Forestry (MNRF) provided notice that the proclamation of provisions of the Conservation Authorities Act related to work permits and compliance and enforcement, as well as the approval of Ontario Regulation (O. Reg.) 688/21: Rules of Conduct in Conservation Areas, O. Reg. 41/24: Prohibited Activities, Exemptions and Permits, and amendments to O. Reg. 686/21: Mandatory Programs and Services made under the act (O. Reg. 42/24), will all come into effect on April 1, 2024. E-laws has been updated to include the proclamation date within the Conservation Authorities Act and the new regulations: •Conservation Authorities Act: https://www.ontario.ca/laws/statute/90c27 •O. Reg. 688/21: Rules of Conduct in Conservation Areas: https://www.ontario.ca/laws/regulation/210688 Page 256 of 292 Report No. FA-09-24 New Conservation Authorities Act Legislative and Regulatory Requirements – NPCA Housekeeping Policy Amendments and Transition Plan Page 3 of 14 •O. Reg. 41/24: Prohibited Activities, Exemptions and Permits: https://www.ontario.ca/laws/regulation/r24041#BK0 •O. Reg. 42/24: Mandatory Programs and Services: https://www.ontario.ca/laws/regulation/r24042 Effective April 1, 2024, O. Reg. 41/24: Prohibited Activities, Exemptions and Permits sets out details on prohibited activities and areas where a conservation authority permit is required, exemptions from a permit for certain low-risk activities, the process for applying for a conservation authority permit, and service requirements for conservation authorities in reviewing permit applications. The new regulation will apply to all conservation authorities and the existing 36 conservation authority-specific regulations (“Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”) will be revoked. Amendments to O. Reg. 686/21: Mandatory Programs and Services, also in effect April 1, 2024, prescribes requirements for conservation authorities to prepare an annual report that outlines statistics on permits, including reporting on their level of compliance with the requirements set out in O. Reg. 41/24 Since 2018, the NPCA Planning and Development division has been developing policies, procedural guidance, customer service standards and regulatory mapping updates to improve customer service delivery and respond to the on-going changes to the Conservation Authorities Act. In 2020, the process to update the NPCA Policy Document began and in 2022, the Board of Directors approved an updated Policy Document and Procedural Manual to provide much-needed clarity and direction to staff and applicants for planning and permit applications under the current legislation while establishing a solid foundation for future updates that would be required. This focus on continuous improvement has positioned NPCA to effectively transition to preparing new and updated policies and procedures to ensure the Planning and Development programs and services conform to the pending legislative and regulatory changes. Discussion: The new legislative structure includes requirements for the administration of work permits, enforcement of offences and public use of conservation authority properties in both the Conservation Authorities Act and regulations. The following summary highlights key changes resulting from the passing of the new regulation and the enactment of amended sections under the Conservation Authorities Act. Page 257 of 292 Report No. FA-09-24 New Conservation Authorities Act Legislative and Regulatory Requirements – NPCA Housekeeping Policy Amendments and Transition Plan Page 4 of 14 Defining Regulated Activities and Areas •The term, “development” has been replaced by “development activity” but the definition remains the same. •The definition of a “watercourse” has been amended to require that a watercourse be a defined channel, having a bed and banks or sides (formerly defined as an identifiable depression in the ground). •The definition of “pollution” is removed, which is an amendment related to the new criteria or ‘tests’ of a permit. •The regulated area adjacent to a wetland is changed to 30m for all wetlands and there are no size thresholds. The former legislation included 120m for provincially significant wetlands and wetlands greater than two hectares in size, and 30m for wetlands less than two hectares in size. •The hazard allowances, which are regulated areas adjacent to apparent and non-apparent river or stream valleys (including floodplains) has been standardized for all conservation authorities. The existing exception for hazard allowance to non-apparent valleys has remained unchanged for the NPCA. •The description of regulated areas adjacent or close to the Great Lakes- St. Lawrence River System continues to include the 100-year flood level, plus the appropriate allowance for wave uprush and also specifies, “other water-related hazards, including ship-generated waves, ice piling and ice jamming.” •A standard 30m allowance from a dynamic beach associated with waterfront lands has been added. •A standard additional 15m allowance inland from the further extent of the regulated areas from the Great Lakes-St. Lawrence River System has been included. Regulation Mapping •Maps depicting regulated areas must be made available to the public on an authority’s website, and any other means the authority considers advisable. •At least once annually the authority must review mapping to determine if updates are required and make any updates available to the public. •Where significant mapping updates are to be made, an authority shall provide notice to the public, municipalities, and stakeholders at least 30 days prior to any authority meeting to consider the changes. •Regulation continues to state that in the case of a conflict regarding the boundaries of the regulated areas, the description of those areas in O. Reg. 41/24 prevails over the depiction of the areas in the maps. Page 258 of 292 Report No. FA-09-24 New Conservation Authorities Act Legislative and Regulatory Requirements – NPCA Housekeeping Policy Amendments and Transition Plan Page 5 of 14 Exemptions for Low-Risk Activities •A number of development activities considered low-risk are exempt from requiring a permit. •The exempted development activities are mainly minor in nature and would fall under the NPCA “minor” or “routine” permit category. There are size threshold and location criteria that also must be met. •Generally, the exempted activities include: o Seasonal or floating dock o fencing o agricultural in-field erosion control structures o non-habitable accessory structures o non-habitable garage reconstruction o unenclosed detached decks or patio o installation/maintenance of tile drains o installation/maintenance of an offline pond for watering livestock o the maintenance or repair of municipal drains (previously permits were required for municipal drain works within wetlands). Conservation Ontario is seeking clarification from the Province on revisions to the DART protocol. o maintenance/repair of private driveway/laneway or public road/driveway Permit Application Requirements •An authority and applicant can engage in pre-submission consultation. If an applicant requests a pre-submission consultation, the authority is required to engage in the consultation. •More detailed list of permit application requirements, including fee submission and landowner authorization. •The applicant must be notified in writing within 21 days of receiving an application if application is deemed complete. •Once an application is deemed complete, no new studies/plans can be requested unless agreed to by the applicant; however, the authority may ask the applicant for clarification or further details regarding any matter related to the application. •An applicant may request an administrative review by an authority if they do not receive a notice of complete application within 21 days or if the applicant disagrees with the authority’s determination of a complete application or the request for additional information/studies/plans is unreasonable. o Administrative reviews must be completed within 30 days of request. o There is no appeal mechanism if the applicant disagrees with the outcome of the review. Page 259 of 292 Report No. FA-09-24 New Conservation Authorities Act Legislative and Regulatory Requirements – NPCA Housekeeping Policy Amendments and Transition Plan Page 6 of 14 •Requests for permit fee reconsideration must be responded to within 30 days and can be appealed to the Ontario Land Tribunal (OLT) for non- decision or continued objection to fee amount. Permits •Existing permit approval ‘tests’ related to “pollution” and “conservation of land” are removed. •New tests added for consideration of “unstable soil or bedrock”, “health or safety of persons”, and “damage or destruction of property”. The control of flooding, erosion, and dynamic beaches remains. •Permit conditions are limited to those which assist in preventing or mitigating hazards or effects on health and safety or property damage, or which support permit administration. •Maximum period of validity for permits increases from 24 to 60 months. •If the authority fails to give the applicant notice of a decision on a complete application within 90 days, the applicant can appeal directly to the OLT. Former guidance through Conservation Ontario has been to provide notice of a decision within 30 days for minor permits and 90 days for major permits. •New powers for the Minister of Natural Resources and Forestry to issue permits and/or direct an authority not to issue a permit. •Applicants may request a Minister’s review where the authority refuses a permit or imposes conditions on a permit to which an applicant objects. The Minister’s decision is final. •An applicant may appeal an authority’s decision to refuse a permit or issue a permit subject to conditions following a hearing of the Board to the OLT. •Provision allows for the exemption of development from obtaining a permit within a municipality prescribed by regulation where the development has been authorized under the Planning Act. However, a regulation under this section has not been made at this time. Enforcement and Offences •Appointment of Officers moved from individual regulations (to be revoked) to Part VII of the Conservation Authorities Act. •Minor changes to provisions for power of entry to private property. •New powers for Officers to issue Stop Orders where: o Officer forms reasonable grounds to believe that a person is engaging in activity or about to engage in activity that contravenes the Act, regulations or permit conditions; o Activity has caused or is causing significant damage that would affect natural hazards, health and safety of persons or damage property; or o Order will prevent/reduce damage. Page 260 of 292 Report No. FA-09-24 New Conservation Authorities Act Legislative and Regulatory Requirements – NPCA Housekeeping Policy Amendments and Transition Plan Page 7 of 14 •Maximum penalties for offences increased – up to $50,000 and up to three months imprisonment for individuals and $1 million for corporations, plus additional daily fines and/or court-imposed amounts. Reporting and Policies •Authorities shall develop policy and procedure documents for permit applications and reviews. •Authorities shall prepare and publish an annual report that outlines statistics on permits and its level of compliance with the requirements of O. Reg. 41/24. Conservation Areas •Enactment of O. Reg. 688/21: Rules of Conduct in Conservation Areas replaces individual conservation authority regulations. •Outlines prohibited activities and activities requiring a permit on lands owned by conservation authorities. •Enforcement provisions remain unchanged. Transition Plan to Achieve Conformity with Legislation Given the short amount of transition time (six weeks) to the date (April 1, 2024) the amended legislation and regulations come into force, conservation authorities are working closely with Conservation Ontario to ensure conformity to the Legislation is achieved in a timely and coordinated manner. NPCA has been proactively working on some of these items over the past few years. While NPCA is expected to comply with the proclaimed pieces of legislation as of April 1, 2024, best efforts will be made to prepare and update policies and procedures in a timely yet thorough manner. It is recommended that the NPCA take a phased approach to implementing the changes, beginning with key housekeeping amendments to the NPCA Policy Document and administrative updates to forms and templates, followed by more comprehensive work requiring further time and resources. Appendix 1 describes the nature of the proposed housekeeping amendments to the NPCA Policy Document that staff will endeavour to have completed and posted to the NPCA website by April 1, 2024. These amendments include updating legislation and regulation references, revising definitions, revising descriptions of regulated areas, updating references to the ‘tests’ of a permit and including the permit exemptions. Appendix 2 includes a transition plan that identifies the administrative updates, such as re-delegation of authority for permits, re-appointment of Officers, and Page 261 of 292 Report No. FA-09-24 New Conservation Authorities Act Legislative and Regulatory Requirements – NPCA Housekeeping Policy Amendments and Transition Plan Page 8 of 14 updates to permit application forms and templates that will be in place by April 1, 2024, and the long-term workplan with general timelines that are required to bring the NPCA policies and procedures in conformity with the amended legislation and regulations. Planning and Development staff will report to the Board of Directors periodically to provide status updates on the implementation of the transition plan. Financial Implications: There are no financial implications associated with this report. Resources required to implement the legislative and regulatory changes under the Conservation Authorities Act are funded through the approved budget. Links to Policy/Strategic Plan The mandated regulatory role of conservation authorities aligns with the NPCA’s 10-year Strategic Plan goals to protect people and properties from natural hazards and climate impact, and maintain a high standard of client services, tools and procedures for planning review and permits. Related Reports and Appendices: Appendix 1 – Housekeeping Amendments to the NPCA Policy Document: Policies for Planning and Development in the Watersheds of the Niagara Peninsula Conservation Authority Appendix 2 – NPCA Planning and Development Transition Plan to Conform to Legislative and Regulatory Changes Under the Conservation Authorities Act Authored by: Original signed by: Leilani Lee-Yates, MCIP, RPP Director, Planning and Development Submitted by: Original signed by: Chandra Sharma, MCIP, RPP Chief Administrative Officer/Secretary-Treasurer Page 262 of 292 Appendix 1 Housekeeping Amendments to the NPCA Policy Document: Policies for Planning and Development in the Watersheds of the Niagara Peninsula Conservation Authority It is recommended that the following housekeeping amendments be made to the NPCA Policy Document to provide the necessary clarity and guidance for the implementation of legislative and regulatory amendments under the Conservation Authorities Act that come into force on April 1, 2024. Section of NPCA Policy Document Description of Housekeeping Amendments Part A: Watershed Context Chapter 1: Introduction This section provides an introduction, watershed context, direction from the 10- year Strategic Plan, a summary of roles and responsibilities of the NPCA and the Legislative Framework affecting NPCA’s plan review and permitting functions. Updates to this section will include: •Changing references of the former O. Reg. 155/06 to O. Reg. 41/24. •Update references to numbering of sections within the Conservation Authorities Act that have changed. •Revise references to the permit approval ‘tests’ •Further clarify NPCA roles and responsibilities to align with the legislative changes. Part B: Environmental Planning Chapter 2: Enviornmental Planning Areas of Interest This section contains policies related to NPCA’s role and responsibilities related to the review of applications under the Planning Act and other legislation. Updates to this section will include: •Removal to references to natural heritage and stormwater management plan review services and related municipal MOUs, which is no longer allowed under changes to O. Reg. 686/21. •Changing references of the former O. Reg. 155/06 to O. Reg. 41/24. •Update policies related to permit exemptions for maintenance and repair of municipal drains. •Update references to numbering of sections within the Conservation Authorities Act that have changed. •Further clarify NPCA roles and responsibilities to align with the legislative changes. Future amendments to this section will be required after the release of the pending Provincial Planning Statement, and the Appendix 1 Report No. FA-09-24 Page 263 of 292 Section of NPCA Policy Document Description of Housekeeping Amendments Part B, Chapter 2 continued updated Drainage Act and Conservation Authorities Act Protocol. The Environmental Assessment Act is currently under reivew, and future amendments to this section may be required to align with changes to the Act. Part C: Policies for the Administration of Ontario Regulation 155/06 This section provides detailed policies for the specific areas regulated by the NPCA. Updates to this section will include: •Changing references of the former O. Reg. 155/06 to O. Reg. 41/24. •Update references to numbering of sections within the Conservation Authorities Act that have changed. •Change specific section references within the new O. Reg. 41/24. •Revise policies related to the former permit ‘tests’ to reflect the deletions and additions in the Conservation Authorities Act and O. Reg. 41/24. •Update policies for development activities that do not require a permit as identified in O. Reg. 41/24. •Replace “development” with “development activity”. •Revise definition of “watercourse”. •Update descriptions of regulated areas adjacent or near the Great Lakes-St. Lawrence River System and areas adjacent to wetlands in accordance with the changes in O. Reg. 41/24. •Update the Hazardous Lands policies to include “unstable soil” and “bedrock”. Future amendments to this section may be required upon the completion of the updates to the Lake Ontario and Lake Erie Shoreline Management Plans that may result in recommended changes to policies based on revised technical information. Definitions The definitions section will be updated to revise any changes to definitions resulting Appendix 1 Report No. FA-09-24 Page 264 of 292 Section of NPCA Policy Document Description of Housekeeping Amendments Includes definitions of terms used in the document. from the amendments to the Conservation Authorities Act and O. Reg. 41/24/ Appendix A: Ministry of Natural Resources and Forestry (MNRF) Delegation of Natural Hazards to Conservation Authorities MOU This appendix will be deleted, because O. Reg. 686/21 mandates the role and responsibilities of conservation authorities to provide programs and services for the purpose of commenting on prescribed Acts related to the natural hazard risks and ensuring decisions under the Planning Act are consistent with the natural hazard policies in policy statements and provincial plans. Appendix B: Conservation Authorities Act, Regulation 686/21, Mandatory Programs and Services O. Reg. 686/21 has been amended since the date of the NPCA Policy Document was approved. As such the most recent version of the regulation will be included in this Appendix. Appendix C: Conservation Authorities Act, Ontario Regulation 155/06 This Appendix will be changed to replace O. Reg. 155/06 with a copy of O. Reg. 41/24 Appendix D: Municipal Plan Review MOUs The MOUs with City of Hamilton and Haldimand County will be removed, because NPCA no longer provides natural heritage and stormwater management plan review services to the municipalities. Appendix E: NPCA By-law 01-2021, Being a By-law to Amend the NPCA Administrative By-law governing the calling of meetings and procedures to be followed at meetings Conservation Ontario is updating their Hearing Guidelines to reflect amendments to the Conservation Authorities Act related to hearing requests and notifications. Future amendments to the NPCA Administrative By-law will be required at which time this Appendix will be updated to include the new By-law. Appendix 1 Report No. FA-09-24 Page 265 of 292 Appendix 2 NPCA Planning and Development Transition Plan to Conform to Legislative and Regulatory Changes Under the Conservation Authorities Act The following transition plan identifies a phased approach to bring the NPCA policies and procedures in conformity with the legislative and regulatory changes under the Conservation Authorities Act. Planning and Development staff will report to the Board of Directors periodically to provide status updates on the implementation of the transition plan. In the meantime, NPCA Planning and Development staff will ensure that the authority continues to carry out its duties, functions and responsibilities to administer and enforce the provisions of Part VI and VII of the Conservation Authorities Act and any regulations made under those Parts. Review of Permit Applications Applications for permission to develop in a regulated area or interfere with a wetland or watercourse received prior to April 1, 2024, will be subject to the provisions of the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (O. Reg. 155/06) in effect at the time the application was received. If the subject application for the proposed works is not within an area or an activity regulated under the new regulation (O. Reg. 41/24), then the applicant will be advised in writing that a permit is not required for the proposed works. All applications received on or after April 1, 2024, will be subject to the provisions of O. Reg. 41/24. Review of Planning Applications For planning applications submitted prior to April 1, 2024, the NPCA will continue to review the application in accordance with O. Reg. 155/06 that was in effect at the time the application was received and in accordance with O. Reg. 686/21: Mandatory Programs and Services. NPCA staff will note in their comments that O. Reg. 41/23 comes into effect on April 1, 2024, however, the application continues to be reviewed in accordance with O. Reg. 155/06. Those planning applications submitted after April 1, 2024, will be reviewed in accordance with O. Reg. 41/24 and O. Reg. 686/21. Violation Notices and Legal Actions Violation Notices issued prior to April 1, 2024, will be addressed and remedied by CA Provincial Offences Officers in accordance with the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (O. Reg. 155/06). Violation Notices issued prior to April 1, 2024, for works in an area or activity no longer regulated under the new O. Reg. 41/24, upon satisfactory resolution of the matter, the proponent will be issued a letter advising that the works occurring in violation of O. Reg. 155/06 have remedied/ rectified and the violation notice is revoked. Appendix 2 Report No. FA-09-24 Page 266 of 292 Violation notices issued and prosecutions commenced on or after April 1, 2024, will confirm with Parts VI and VII of the Act and O. Reg. 41/24. NPCA Planning and Development Transition Plan Actions Timeline Delegation of authority for permit signatories to CAO, Director of Planning and Development, Senior Manager of Environmental Planning and Policy, and Manager of Planning and Permits March 22, 2024 Board Approval (Report No. FA-12- 24) Delegation of authority for permit administrative reviews to CAO and Director of Planning and Development March 22, 2024 Board Approval (Report No. FA-12- 24) Re-appointment of Officers under the Conservation Authorities Act March 22, 2024 Board Approval (Report No. FA-13- 24) Communication to watershed municipalities March 2024 May 2024 – training session with Niagara Area Planners Prepare a Permit Pre-Submission Consultation Checklist April 1, 2024 Revise Permit Application Form April 1, 2024 Revise Permit Template April 1, 2024 NPCA Policy Document Housekeeping Amendments March 22, 2024 Board Approval (Report No. FA-09- 24) April 1, 2024 Completion Update NPCA Planning and Permits website to include revised permit application documents, updated NPCA Policy Document and related Board Reports April 1, 2024 Update NPCA Section 28 Compliance and Enforcement Procedural Manual May 2024 Update Compliance and Enforcement Standard Operating Procedures May 2024 Update NPCA Client Service Standards for Plan and Permit Review Conservation Ontario is preparing an updated guidance document on service delivery standards Summer 2024 Prepare administrative review policies and procedure Conservation Ontario is preparing a new guidance document for administrative reviews Summer 2024 Appendix 2 Report No. FA-09-24 Page 267 of 292 Actions Timeline Update the hearing procedures within the NPCA Administrative By-law Conservation Ontario is updating their Hearing Guidelines To be determined based on timing of Conservation Ontario updating their Hearing Guidelines and any additional broader updates to the by-law Update NPCA Planning and Permitting Procedural Manual Board Resolution No. FA-105-22 authorizes staff to maintain and update the procedural manual as needed to reflect evolving best practices and technical guidance documents issued from Provincial Ministries Review of the procedural manual has begun. Updates will be made on an on-going basis as staff receive further guidance from Conservation Ontario and the Province releases updated technical guidelines. Updated versions and notices will be posted to the NPCA Planning and Permitting website and shared with watershed municipalities. Regulation mapping updates Regular updates to the regulation mapping to reflect planning and permit approvals are on-going. Updates to wetlands and watercourses have begun and are anticipated to be completed in 2025. Staff will provide a status update on the mapping workplan by end of 2024. Workplan for comprehensive review of NPCA Policy Document Present workplan to Board for approval by end of 2024 Presentations and communications to broader stakeholders and communities Staff are reaching out to various stakeholders and communities through the NPCA Public Advisory Committee On-going outreach and engagement throughout 2024 Appendix 2 Report No. FA-09-24 Page 268 of 292 CV FA CHIPPAWA VOLUNTEER FIREFIGHTERS ASSOCIATION 8696 Banting Ave Niagara Falls, On L2G 6Z8 vox: 905 295 4398 email: chippawafire@gmail.com March 5, 2024 City of Niagara Falls Chief Building Official 4310 Queen Street Niagara Falls, ON Re: Special Occasion Permit and Noise Control By-Law To whom this may concern, On June 29, 2024, the Chippawa Volunteer Firefighters Association (CVFA) will be hosting the annual street dance, Streets on Fire. As part of the event, the CVFA has hired a number of bands to play the street dance on Saturday June 29, 2024.. The location of the street dance will be at the Chippawa Lions Park. We have enclosed a map of the planned event for your files. Additionally, we would like to ask for an extension of the Noise By-Law to 11:30pm for this event. Bands are scheduled to start playing at 1pm. As a non-profit organization, the monies raised from this event, as well as our other events are donated to such initiatives as: Student scholarships, Project Share donations that directly support residents of Chippawa and Breakfast Club to name a few. Should you require any further information, or if we may be of any assistance, please feel free to contact our Social Coordinator Brian Winrow at 905 651 9673. Sincerely, Jennifer Schneider CVFA Secretary Page 269 of 292 Page 270 of 292 1 Heather Ruzylo Subject:RE: [EXTERNAL]-St. George & St. Archangel Michael Church Grounds Noise By-law Exemption Request From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Thursday, March 28, 2024 1:36 PM To: Anne Radojcic < Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Gerald Spencer <gspencer@niagarafalls.ca>; Roberta Hawkins <rhawkins@niagarafalls.ca> Cc: Dusan Puhar < >; Mary Jovanovich < Subject: RE: [EXTERNAL]-St. George & St. Archangel Michael Church Grounds Noise By-law Exemption Request Hello Anne and thank you. I’m putting you in touch with our City Clerk, Bill Matson , who will bring this forward to Council. Our Manager of Bylaw, Gerald Spencer, is also included here. Thanks, carey From: Anne Radojcic < Sent: Wednesday, March 27, 2024 6:29 PM To: Carey Campbell <ccampbell@niagarafalls.ca> Cc: Dusan Puhar < Mary Jovanovich < Subject: [EXTERNAL]-St. George & St. Archangel Michael Church Grounds Noise By-law Exemption Request Dear Carey, Hope you are doing well!. We would like to formally request an extension to the time that we can make noise at the Serbian picnic grounds for the following dates and reasons: - FOLKLORE CONCERT JUNE 8, 2024 - to midnight - SERBIAN DAY JUNE 21, 22, & 23, 2024 - to midnight - KNEZEVIC, SRDJAN ENGAGEMENT PARTY AUG 31, 2024 - to midnight - BIJELIC WEDDING SEPT 7, 2024 - to midnight - BOWLING TOURNAMENT OCT. 11, 12, & 13 2024. - to midnight Can you please have this scheduled for the next meeting that addresses these issues? Much appreciated, Anne Radojcic Page 271 of 292 2 Interim Board Secretary St. George & St. Archangel Michael Church 905-988-7644 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 272 of 292 Page 273 of 292 A Great City … For Generations To Come CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: William Matson, City Clerk Date: April 9, 2024 Re: Noise By-law Exemptions You will see on the April 9, 2024 Council Agenda a number of requests for exemptions to the City’s Noise By-law. These range from special events to construction work. Staff are proposing a few minor amendments to the City’s Noise By-law to allow for a delegation of authority permit staff, namely the City Clerk, to grant the exemption requests when it is felt that emergency roadwork is required and a demonstrated need is shown to have this work done during the evening or over night or weekend in order to l imit disruptions to traffic. There may also be instances where an exemption is required as a case of public convenience or necessity when an event may be scheduled prior to an upcoming Council meeting. Staff have prepared a draft consolidated by-law, attached, with changes noted as section 5 b. and also as section 7.5. If council feels these amendments are suitable, an updated by-law will be included at the April 30th Recommendation: That Council DIRECT staff to prepare the necessary amendments to the City’s Noise By-law to allow for some delegated authority to allow staff to approve necessary exemptions. Page 274 of 292 CITY OF NIAGARA FALLS DRAFT NOISE CONTROL BY-LAW A by-law to prohibit and regulate noise in the City of Niagara Falls. WHEREAS section 129 of the Municipal Act, 2001 (the "Act") authorizes the council of every local municipality to pass by-laws to prohibit and regulate with respect to noise; AND WHEREAS section 434.1(1) of the Act, as amended from time to time, provides that a municipality may require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with a by-law of the municipality passed under this Act. AND WHEREAS it is in the public interest to reduce the noise levels in the City by prohibiting and regulating the making, creation or maintenance of excessive and unreasonable noises within the City. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Definitions In this By-law, a. “City" means The Corporation of the City of Niagara Falls; b. "City Clerk" means the City Clerk for The Corporation of the City of Niagara Falls; c. "Council" means the Council of the City; d. "construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, application of concrete, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any work in connection therewith; e. "construction equipment" means any equipment or device designed and intended for use in construction or material handling, including but not limited to, hand tools, power tools, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers or Page 275 of 292 trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment; f. "conveyance" includes a vehicle and any other device employed to transport a person or persons or goods from place to place, but does not include any such device or vehicle if operated within the premises of a person; g. "exempted area" means that area shown hatched on Schedule 1; h. "highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, lane, bridge, viaduct or trestle; i. "inhabitants" means one or more persons who reside in the municipality; j. "motor vehicle" includes an automobile, motorcycle and any other vehicle propelled or driven other than by muscular power; k. "municipality" means the geographical area in respect of which the City has jurisdiction; l. "noise" means unwanted sound; m. "point of reception" means any point on the premises of a person where noise, originating from other than those premises, is received; n. "power device" means any powered device used in the servicing, maintenance or repair of property except devices driven by muscular power only and snow blowers; and o. "residential area" means any land within the municipality which is zoned for residential uses by the City's zoning by-law or which is used in whole or in part for human habitation. General prohibition 2 No person shall make, cause or permit noise or vibration which is likely to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants of the municipality. Specific prohibitions 3 No person shall emit or cause or permit the emission of sound resulting from any act listed in Schedule 2 if the sound is clearly audible at a point of reception. Prohibitions by time and activity 4.1 No person shall emit or cause or permit the emission of sound resulting from any act listed in Schedule 3, if clearly audible at a point of reception located in a residential area of the municipality within the prohibited time as set out in Schedule 3. Page 276 of 292 4.2 Subsection (1) does not apply to the exempted area where it is listed in Schedule 3 next to the listed act and the prohibited time. Exemption for public safety and highways 5 Despite any other provision in this By-law, it shall be lawful to emit or cause or permit the emission of sound in connection with measures for; a. the immediate health, safety or welfare of the inhabitants of the municipality under emergency circumstances; or b. any emergency requiring immediate action for the construction, preservation, restoration or repair of any highway where City Staff feel the work is necessary to complete during the evening or over night or weekend within the road allowance for genuine reason such as pr eventing traffic disruptions or to prevent business disruptions, as much as possible. Exemption- activities 6 Despite any other provision in this By-law, this By-law does not apply to any person who emits or causes or permits the emission of sound or vibration in connection with any of the activities set out in Schedule 4. Exemption by Council or City Staff 7.1 Despite any other provision in this By-law, any person may submit a written application with full particulars and supporting documentation to the City Clerk for an exemption from any of the provisions of this By-law. 7.2 The application mentioned in subsection 1 shall be made in writing and shall contain the information and fulfil the requirements set out in Schedule 5. 7.3 The City Clerk may require an applicant to provide such further and other information as the City Clerk deems necessary to consider and evaluate the application. 7.4 No application shall be deemed complete until all required information has been provided by the applicant. 7.5 The City Clerk will determine if the exemption would need Council approval or if it can be approved by City Staff as a case of public convenience or necessity. 8.1 The City Clerk shall prepare and submit a report or memorandum to Council and Council may refuse to grant the exemption or may grant the exemption applied for, or any exemption of lesser effect and any exemption granted shall specify the time period, which shall not be in excess of six months, and may impose such terms and conditions as Council sees fit. 8.2 A breach by the applicant of any of the terms or conditions of the exemption granted by Council shall terminate the exemption forthwith. Page 277 of 292 Intention to maintain valid provisions by severance 9 The Council declares and confirms its intent that should any provision or any part of any provision of this By-law be held by a court of competent jurisdiction to be invalid, or of no force and effect, it is the intent of the Council in enacting this By- law, that each and every other provision of this By-law, and every part of any provision, authorized by law, stand and be applied and enforced in accordance with its terms to the extent possible according to law. Enforcement 10 Any person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for under the provisions of the Provincial Offences Act. Schedules- part of By-law 11 Schedules 1, 2, 3, 4 and 5 attached to this By-law shall form part of this By-law. By-law Repealed 12 By-laws 2004-105, 2005-073, 2007-028 and 2014-155 are hereby repealed. Short title 13 The short title of this By-law is the Noise Control By-law. Read a first, second, third time and passed. Signed and sealed in open Council this ____ day of ________, 2024. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 278 of 292 SCHEDULE 1 EXEMPTED AREA Page 279 of 292 SCHEDULE 2 SPECIFIC PROHIBITIONS 1 The revving of an engine or motor. 2 The operation of a motor vehicle in such a way that the tires squeal. 3 The operation of a motor vehicle, engine, motor, construction equipment or pneumatic device without an effective exhaust, intake-muffling or other sound attenuation device, which device is in good working order and in constant operation. 4 The operation of a conveyance or a motor vehicle, with or without a trailer, resulting in banging, clanking, squealing or other sounds due to improperly-secured loads or equipment, or inadequate maintenance. 5 The operation of a motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices. Page 280 of 292 SCHEDULE 3 TIME AND ACTIVITY PROHIBITIONS Type of Act Prohibited period of time Exempted Area 1. The persistent barking, whining, calling or other similar sound made by any domestic pet or other animal kept or used for any purpose other than agriculture. At any time N/A 2. Persistent yelling, shouting, screaming, whistling, hooting or singing. At any time N/A 3. The activation of a security alarm resulting in sound for a duration in excess of five minutes. At any time N/A 4. The operation of construction equipment in connection with construction. Between 7:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on Saturdays, Sundays and statutory holidays N/A 5. The operation of any power device or non- power device or tool for domestic purposes, except snow blowers. Between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on Saturdays, Sundays and statutory holidays N/a 6. The operation of solid waste, refuse or recyclable bulk-lift or refuse-compacting equipment. Between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on Saturdays, Sundays and statutory holidays Schedule 1 7. The operation of an engine or motor which is used in or is intended for use in, a toy or a model or replica of any device, which toy, model or replica has no function other than amusement and which is not a conveyance. Between 9:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on Saturdays, Sundays N/A Page 281 of 292 Type of Act Prohibited period of time Exempted Area and statutory holidays 8. Vehicle repairs. Between 9:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on Saturdays and statutory holidays and all day Sunday N/A 9. The loading, unloading, delivering, packing, unpacking or otherwise handling of any containers, products or materials. Between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on Saturdays, Sundays and statutory holidays Schedule 1 10. The use of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro- mechanical transducers and intended for the production, reproduction or amplification of sound. Between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on Saturdays, Sundays and statutory holidays Schedule 1 11. The playing of music. Between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on Saturdays, Sundays and statutory holidays Schedule 1 SCHEDULE 4 EXEMPTED ACTIVITIES 1 Incidental noise from any carnival, midway, exhibition, fair, circus or similar event for which a licence has been issued by the City. 2 Incidental noise from any parade authorized by Council. Page 282 of 292 3 Incidental noise from any sporting, recreational, musical, entertainment or similar event or performance which has been authorized by Council. 4 Incidental noise from any activity of the City, Regional Municipality of Niagara, Ontario Power Generation, Niagara Falls Hydro Inc. or the Provincial or Federal levels of government, their employees, agents or contractors, associated with the construction, repair, performance or maintenance of essential public services. 5 Incidental noise from the detonation of fireworks which detonation has been authorized by Council. Page 283 of 292 SCHEDULE 5 APPLICATION FOR EXEMPTION 1 Every application for exemption from any of the provisions of this By-law shall be in writing, submitted to the City Clerk and shall contain: a. the name and address of the applicant; b. a description of the source of sound or vibration in respect of which exemption is sought; c. a statement of the specific provision or provisions of the By-law from which exemption is sought; d. the period of time, of a duration not in excess of six months, for which the exemption is sought; and e. the permit fee. 2 The applicant shall submit such reports, drawings, graphs or other documents to support his/her application for exemption or as required by the City Clerk. 3 The applicant shall submit as a deposit an amount that the City Clerk deems reasonable, being the estimated cost of advertising the notice of intention to apply for an exemption to this By-law in a newspaper having general circulation in the City. Page 284 of 292 Page 285 of 292 Page 286 of 292 CITY OF NIAGARA FALLS By-law No. 2024 - 040 A by-law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2024. WHEREAS Section 312 of the Municipal Act, 2001, S.O. c.25 provides that the Council of a local municipality shall pass a by-law to levy a separate tax rate on the assessment in each property class; AND WHEREAS the assessment of classes of rateable property described as residential/farm, multi residential, commercial, industrial, pipeline, farmland, managed forest and large industrial, as defined in the Assessment Act, and regulations thereto, have been determined on the basis of the aforementioned property assessment rolls; AND WHEREAS the tax ratios and the tax rate reductions for prescribed property classes for the 2024 taxation year have been set out in By-law 2024-19 of the Regional Municipality of Niagara, dated 21st day of March 2024; AND WHEREAS the tax rates and tax levies for purposes of the Regional Municipality of Niagara for the 2024 taxation year have been set out in By-law 2024-18 of the Regional Municipality of Niagara, dated 21st day of March 2024; AND WHEREAS the Council of the Corporation of the City of Niagara Falls has adopted estimates of all sums required to be raised by it during the year 2024; AND WHEREAS the tax rates on the aforementioned property classes and property subclasses have been calculated pursuant to the provisions of the Municipal Act, 2001, and applicable regulations in the manner set out herein; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS HEREBY ENACTS AS FOLLOWS: 1. The assessments for the City of Niagara Falls on which the sums required for the year 2024 are to be levied for the various purposes hereinafter set forth are as follows: Page 287 of 292 Assessment Category Assessment Amount General Assessment Amount Urban Service Area Residential/ Farm 9,452,617,426 8,912,697,789 Multi- Residential 334,774,189 332,891,189 New Multi-Residential 54,737,900 49,734,900 Commerical: Taxable General 11,915,000 11,915,000 Taxable Full 2,104,032,570 2,032,186,070 Excess Land 32,706,123 29,701,323 Vacant Land 128,995,400 128,870,100 Office Building 10,883,100 10,883,100 Shopping Centre 209,800,168 209,800,168 Excess Land 3,071,727 3,071,727 Parking Lot 81,623,300 80,653,300 Landfill 3,152,500 0 Industrial: Taxable Full 110,564,392 93,023,792 Excess Land 6,296,757 4,979,157 Vacant Land 28,950,600 22,705,600 Pipelines 46,591,000 30,043,000 Farmlands 83,474,398 1,915,100 Managed Forest 1,707,300 0 Farmlands awaiting development 1 0 0 Page 288 of 292 2. There shall be levied and collected by taxation in the City of Niagara Falls for the year 2024 for the several purposes and in the manner hereinafter provided, the several sums and amounts following and for such purposes the several rates hereinafter mentioned are hereby imposed, namely: (a) in the whole of the City of Niagara Falls: (i) for the general purposes, including items of civic expenditure, except those hereinafter specifically mentioned, the sum of $94,091,013 which includes the amount of $8,813,680 for waste management services; (ii) for capital purposes the sum of $1,291,540; (iii) for public and separate school board purposes the sum of $39,437,715; (iv) for the purpose of The Regional Municipality of Niagara the sum of $100,859,188; (v) for the purpose of Transit services the sum of $15,595,172; and (b) in Urban Service Areas 1 and 2: (i) for urban service purposes the sum of $2,936,727 3. The tax rate schedule set out in Schedule “A” is hereby adopted to be applied against the whole of the assessment for rateable property. 4. Every owner shall be taxed according to the tax rates in this by-law and such tax shall become due and payable for 2024 only, for, (a) Residential, Pipeline, Farmland and Managed Forest Assessments on June 28, 2024 and September 30, 2024, and (b) Commercial, Industrial and Multi-Residential Assessments on August 30, 2024 and October 31, 2024. 5. The Treasurer is hereby authorized and required to make, prepare and certify a Tax Roll in accordance with the requirements of this By-law and other applicable law. 6. It shall be the duty of the Tax Collector to pay into the hands of the Treasurer of the City of Niagara Falls all sums of money that may be collected by him under the authority of this by-law and to make a return of his or her Roll on or before the 31st day of December 2024. 7. This by-law shall come into force and effect immediately upon passing thereof. Page 289 of 292 8. Schedule “A” attached to this By-law shall form part of this By-law. Passed this 9th day of April, 2024 ......................................................................... .................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: April 9, 2024 Second Reading: April 9, 2024 Third Reading: April 9, 2024 Page 290 of 292 Urban Service Area Urban Service Area Total Property Class Code City City Capital Levy Waste Mgmt.Transit Region Schools Total Residential/Farm RT 0.563202%0.008530%0.058209%0.102996%0.666111%0.153000%1.552048%0.020484%1.572532% New Multi- Residential NT 0.563202%0.008530%0.058209%0.102996%0.666111%0.153000%1.552048%0.020484%1.572532% Multi-residential MT 1.109509%0.016804%0.114672%0.202902%1.312239%0.153000%2.909126%0.040353%2.949479% Commercial -Occupied CT/CM 0.977100%0.014798%0.100987%0.178688%1.155636%0.880000%3.307209%0.035537%3.342746% -Excess Land CU 0.977100%0.014798%0.100987%0.178688%1.155636%0.880000%3.307209%0.035537%3.342746% -Vacant Land CX 0.977100%0.014798%0.100987%0.178688%1.155636%0.880000%3.307209%0.035537%3.342746% Commercial Other -Occupied DT/GT/ST 0.977100%0.014798%0.100987%0.178688%1.155636%0.880000%3.307209%0.035537%3.342746% -Excess Land DU/SU 0.977100%0.014798%0.100987%0.178688%1.155636%0.880000%3.307209%0.035537%3.342746% Commercial Small Scale On-Farm C7 0.977100%0.014798%0.100987%0.178688%1.155636%0.220000%2.647209%0.035537%2.682746% Landfill HT 1.655962%0.025080%0.171150%0.302835%1.958540%0.880000%4.993567%N/A 4.993567% Industrial -Occupied IT/LT 1.481222%0.022433%0.153090%0.270879%1.751872%0.880000%4.559496%0.053872%4.613368% -Excess Land IU/LU 1.481222%0.022433%0.153090%0.270879%1.751872%0.880000%4.559496%0.053872%4.613368% -Vacant Land IX 1.481222%0.022433%0.153090%0.270879%1.751872%0.880000%4.559496%0.053872%4.613368% Pipelines PT 0.958627%0.014519%0.099078%0.175309%1.133788%0.880000%3.261321%0.034865%3.296186% Farmland FT 0.140801%0.002132%0.014552%0.025749%0.166528%0.038250%0.388012%0.005121%0.393133% Managed Forests TT 0.140801%0.002132%0.014552%0.025749%0.166528%0.038250%0.388012%0.005121%0.393133% Farmland Awaiting Development I C1 0.422402%0.006397%0.043657%0.077247%0.499583%0.114750%1.164036%0.015363%1.179399% Schedule "A" CITY OF NIAGARA FALLS 2024 Tax Rates Assessment General Rates Page 291 of 292 CITY OF NIAGARA FALLS By-law No. 2024 - 041 A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 9th day of April, 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 9th day of April 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 9th day of April, 2024. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 292 of 292