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04-30-2024 AGENDA City Council Meeting 4:00 PM - Tuesday, April 30, 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: Sandy Bird (performing live in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 2. ADOPTION OF MINUTES 2.1. Council Minutes of April 9, 2024 City Council - 09 Apr 2024 - Minutes - Pdf 12 - 29 3. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 4. MAYOR'S REPORTS, ANNOUNCEMENTS 5. DEPUTATIONS / PRESENTATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 5.1. Civic Recognition - U14 Racquetball Provincial Champion Carter Kolbuc, resident of Niagara Falls, won the U14 Co-Ed double bounce Category at the Ontario Provincial Championship held in Burlington April 5 to 7. Carter is in his first year of playing racquetball. Todd Bright, Carter's coach, to address Council recognizing Carter's efforts and achievements. 5.2. Niagara Falls Seniors Advisory Committee (Presentation added) 30 - 46 Page 1 of 484 Members of the Seniors Advisory Committee have requested to make a presentation to City Council about activities during Seniors Month in Niagara Falls. The following members of the Seniors Advisory Committee, Eileen Tinio-Hind, Anna Racine and Ewald Kuczera will address Council. Flag-Raising and Proclamation Request - The Seniors Advisory Committee is requesting Council to approve a flag- raising ceremony within the first month of June at the Rosberg Flag poles and to proclaim the month of June as "Seniors Month." #5.2 - Presentation - #SAC - Senior Month Prresentation to Council - R1 5.3. R&C-2024-06 Seniors Advisory Committee - Seniors Month It is recommended: 1.THAT Council PROMOTE Senior’s month scheduled for the month of June that will feature a variety of engaging activities and events tailored to our senior communities’ interests. R&C-2024-06 Seniors Advisory Committee - Seniors Month - Pdf 47 - 49 5.4. Mayor's Accessibility Advisory Committee (Letter from Committee added) The Mayor's Accessibility Advisory Committee has requested to present a letter for Council's support regarding provincial programs and to promote an upcoming region-wide accessibility workshop they are hosting. Speaking on behalf of the Mayor's Accessibility Advisory Committee will be Committee Chairs: Robert (Bob) Romanuk and Ceilidh Allison Corcoran. Flag-Raising and Proclamation Request - The Mayor's Accessibility Advisory Committee is requesting Council to approve a flag-raising ceremony during National Accessibility Awareness month (end of May/beginning of June) and to proclaim the week of May 26, 2024 - June 1, 2024 as "National Accessibility Week." 2024 PROCLAMATION - National Accessibility Awareness Week OLG Letter to Council - April 30, 2024 50 - 51 6. FINANCE PUBLIC MEETING Page 2 of 484 6.1. Public Meeting - Development Charges (Presentation and comments added) The City of Niagara Falls Council is holding a public meeting to discuss proposed development charge rates as well as the policies that will be applied throughout the City. Council will be considering the approval of updated development charges by- laws on a date following this public meeting. Jaclyn Hall, of Hemson Consulting Inc., along with Danielle Tivoli (Consultant) will provide a presentation to Council. Presentation - HEMSON_Niagara Falls DC Study_Public Meeting_30April24_Final_Revised DC Public Notice Letter from Niagara Home Builders Association - NFLS 2024 Comments from Niagara Construction Association Empire Comments on Niagara Falls Draft DC By-Law 52 - 82 7. PLANNING MATTERS 7.1. PBD-2024-16 (Presentations added) AM-2023-031 Zoning By-law Amendment Application 5858-5882 Dunn Street Applicant: Residence at Niagara Inc. (Rohit Parmar) Agent: Nilamraj (Raj) Patel (RPD Studio) Nick DeBenedetti, Planner 2, will provide an overview of Report PBD-2024-16. PBD-2024-016 - Pdf Presentation (Staff) - AM-2023-031 - 5858, 5866, 5882 Dunn Street - Public meeting Presentation (Agent) 5858 Dunn - Meeting slides 83 - 109 7.2. PBD-2024-15 (Report and presentation added) AM-2023-030, Zoning By-law Amendment Application 26CD-11-2023-009, Plan of Vacant Land Condiminium 3958 Cardinal Drive Applicant: 12604515 Canada Corporation (Mohanned Sawan) Agent: Joe Lakatos (AJ Lakatos Planning Consultant) 110 - 142 Page 3 of 484 Nick DeBenedetti, Planner 2, will provide an overview of Report PBD-2024-15. PBD-2024-015 - Pdf Presentation (Staff) - AM-2023-030 - 3958 Cardinal Drive - Public Meeting 8. IN CAMERA SESSION OF COUNCIL 8.1. In-Camera Resolution (updated) April 30, 2024 - Resolution to go In-Camera (Monday update) 143 8.2. In-Camera Resolution - for May 14, 2024(added) MAY 14 2024 - (April 30 agenda) - Resolution to go In-Camera 144 9. REPORTS 9.1. F-2024-01 2022 Budget to Actual Variance (unaudited) - Tax Levy Supported Operating Fund F-2024-01 2022 Budget to Actual Variance (unaudited) - Tax Levy Supported Operating Fund - Pdf 145 - 225 9.2. F-2024-18 Gale Centre Storm Water Project Capital Budget Amendment F-2024-18 - Gale Centre Storm Water Project Capital Budget Amendment - Pdf 226 - 228 9.3. F-2024-19 White Drain Petition Capital Budget Amendment F-2024-19 - White Drain Petition Capital Budget Amendment - Pdf 229 - 234 9.4. L-2024-07 (Comments added) Encroachment Agreement with the City 3858 Garner Road – A concrete driveway, Quonset Hut, trailer, fence and miscellaneous materials Sean Temple and Sharon Marie Temple 235 - 240 Page 4 of 484 Our File No. 2023-169 L-2024-07 - Pdf Comments from resident, Sean Temple 9.5. MW-2024-17 Schisler Road and Koabel Road Bridge Rehabilitations - Contract Award (2024-552-21) MW-2024-17 - Pdf 241 - 248 9.6. MW-2024-18 Niagara Falls Pickleball Facility Development MW-2024-18 - Pdf 249 - 252 9.7. MW-2024-19 Chippawa Parkway & Dorchester Road Infrastructure Improvements - Cost Sharing MW-2024-19 - Pdf 253 - 258 9.8. PBD-2024-17 Walker South Landfill Phase 2 Environmental Assessment Request for Comments on Terms of Reference PBD-2024-17 - Pdf 259 - 294 9.9. R&C-2024-05 (Updated) Gale Centre Agreements with the Jr A Canucks & Jr C Riverhawks Brandon Boone, Co-owner & Director of Community & Minor Hockey Engagement, and Chris Gallagher, from the Niagara Falls Minor Hockey Association, is looking to address Council regarding Report R&C-2024-05. R&C-2024-05 - Pdf Comments submitted from Chris Gallagher - Niagara Falls Hockey Association 295 - 319 9.10. L-2024-06 (report added) 320 - 325 Page 5 of 484 Construction Fencing By-law Our File No. 2024-03 L-2024-06 - Pdf 10. 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. 10.1. F-2024-17 2023 Parking Fund Budget to Actual Variance (Unaudited) F-2024-17 2023 Parking Fund Budget to Actual Variance (Unaudited) - Pdf 326 - 330 10.2. BDD-2024-01 (Report added) Small Business Enterprise Centre (SBEC/BDD) Ministry of Economic Development, Job Creation and Trade SBEC Program Transfer Payment Agreement BDD-2024-01 - Pdf 331 - 408 11. 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 #11.1 through to and including Item #11.5. 11.1. Resolution - Town of Goderich - OW and ODSP Rates Attached is a resolution from the Town of Goderich regarding the OW and ODSP Rates. 409 - 411 Page 6 of 484 Recommendation: THAT Council Support the Resolution. Resolution - Town of Goderich - 2024-03-18 OW and ODSP Rates - Prince Edward County 11.2. Resolution - City of Peterborough - Bill to amend the Ombudsman Act Attached is a resolution from the City of Peterborough requesting a Bill to amend the Ombudsman Act. Recommendation: THAT Council Support the resolution from the City of Peterborough. Ombudsman Letter 412 - 413 11.3. Proclamation Request - National AccessAbility Week and Red Shirt Day Easter Seals Ontario is requesting Council to proclaim May 26, 2024 - June 1, 2024 as "National AccessAbility Week"and to share the declaration on the City's websites and social media outlets; AND THAT Wednesday, May 29, 2024 be recognized as "Red Shirt Day" of Action for Accessibility and Inclusion. Recommendation: THAT Council APPROVE the request. Proclamation Request - National AccessAbility Week and Red Shirt Day 414 - 416 11.4. Proclamation Request - National Public Works Week On behalf of the many women and men employed to serve the community in the Municipal Works Division, our General Manager of Municipal Works, Erik Nickel, is kindly requesting the City of Niagara Falls proclaim May 19-25, 2024 as National Public Works Week. Recommendation: THAT Council APPROVE the request. Proclamation - National Public Work Week May 19-25 2024 TEMPLATE - NPWW-sample-proclamation-CAN 417 - 418 11.5. Noise By-law Exemption Request Requester: Jennifer Hauth, 3477 Avery Blvd Type of Act: The playing of music and amplification of sound for a wedding reception. Page 7 of 484 Exemption Date & Time: June 1, 2024 By-law allows until 9:00pm Exemption would be until 12 midnight. Additional details: There will be approximately 130 people. The property is around 4 acres, with a good amount of space between the neighbours. We have notified surrounding neighbours of the event and provided our contact information should they have any concerns Recommendation: THAT Council APPROVE the Noise By-law Exemption for the 3 hours being requested. 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive and file for information Item #12.1 through to and including Item #12.5. 12.1. Letter from Niagara Peninsula Conservation Authority (NPCA) Attached is correspondence resulting from the Niagara Peninsula Source Protection Committee (SPC) meeting held on March 26, 2024. The correspondence is regarding the Ontario Auditor General’s Value-for-Money Audit of Public Health Ontario released in December 2023. Recommendation: For the Information of Council. Niagara Peninsula SPC Letter to Ministers RE Discontinuation of PHO Private Drinking Water Testing 419 - 421 12.2. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following: 1. Niagara Region Report PDS 6-2024 Development Applications Monitoring Report - 2023 Year End. Recommendation: For the Information of Council. CLK-C 2024-024 PDS 6-2024 - Development Applications Monitoring Report- 2023 Year End 422 - 442 12.3. Resolution - City of St. Catharines - Provincial Regulations Needed to Restrict Keeping of Non-native ("exotic") Wild Animals Attached is notification from the St. Catharines City Council regarding Provincial Regulations Needed to Restrict Keeping of Non-native ("exotic") Wild Animals. 443 - 444 Page 8 of 484 Recommendation: For the Information of Council. Notification - Premier Doug Ford re. Provincial Regulations Needed to Restrict Keeping of Non-native (exotic) Wild Animals 12.4. Resolution - Municipality of Clarington - The Perfect Storm - Impact of Provincial Changes on our Community Attached is correspondence regarding the above noted matter. Recommendation: For the Information of Council. Resolution - Municipality of Clarington - #GG-067-24 - CAO-002- 24 - The Perfect Storm - Impact of Provincial C 445 - 446 12.5. Niagara Region Waste Management Strategic Plan - Upcoming Engagement Opportunities The Niagara Region will be hosting one or more open houses and conducting surveys for municipal staff and the public to gather insights into waste management in Niagara as they plan for the next 25 years. For more information you can visit niagararegion.ca/future-of- waste and click on the attachment below. Recommendation: For the Information of Council WMSP Interested Party Letter - PWOs 447 - 448 13. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 13.1. Ukrainian Family Festival - Saturday, July 6, 2024 The Niagara Ukrainian Family Festival is scheduled to take place on Saturday, July 6, 2024 from 12:00 PM until 8:00 PM at St. Mary's Ukrainian Catholic Church. Recommendation: THAT Council Support the Festival by declaring it an event of municipal significance and promotion through the City's social networks. Information pertaining to the Ukrainian Family Festival 449 - 450 13.2. Noise By-law Exemption Request - Niagara Irish Festival The 2nd Annual Niagara Irish Festival is being held at Firemen's Park, 2275 Dorchester Road on Friday, August 23, 2024 and Saturday, August 24, 2024. 451 Page 9 of 484 Recommendation: THAT Council APPROVE the request to extend the noise by-law to allow live bands to play at Firemen's Park until 11:00 PM on both nights, August 23, 2024 and August 24, 2024 for the Niagara Irish Festival. Request for Exemption to the Noise Control By Law 13.3. Fallsview BIA - Board of Directors The Fallsview BIA have recently assembled their Board of Directors and are requesting that Council approve the following individuals to the Board: Ann Marie Nitsopoulis Vice Chair Chris Mason Doug Birrell George Yerich Treasurer Jason Galella Jerimiah Rudan Jim Graham Chair Katarina Etezadi Secretary Nicki Winger Patrick Regina Rick Dritsacos Vince DiCosimo Wayne Thomson Honourary/Past Chair Recommendation: THAT Council APPROVE the composition of the Board of Directors for the Fallsview BIA as submitted. 14. RATIFICATION OF IN-CAMERA 15. NOTICE OF MOTION/NEW BUSINESS Except as otherwise provided in the Procedural By-law, all Notices of Motion shall be presented, in writing, at a Meeting of Council, but shall not be debated until the next regular Meeting of Council. A Motion may be introduced without notice, if Council, without debate, dispenses with the requirement for notice on the affirmative vote of two- thirds of the Members present. 16. MOTIONS 16.1. Procedural By-law - At the Council meeting of March 19, 2024, Councillor Mike Strange brought forth the following motion: Motion: Page 10 of 484 THAT Staff be directed to look for efficiencies in running the Council meetings via updates to the Procedural By-law. 17. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2024- 042. A by-law to amend By-law No. 79-200, to permit the use of the lands for the development of 12 townhouse dwelling units in 4 blocks, and Accessory Dwelling Units. (AM-2023-026). By-law 2024-042 - AM-2023-026 - 5558 Drummond Road - ZBA 452 - 454 2024- 043. A by-law to amend By-law No. 79-200, to permit the use of the Lands for 29 block townhouse dwellings and 84 back-to-back townhouse dwellings, subject to a 3 year sunset clause and to protect certain natural features (AM-2022-020). By-law 2024-043 - AM-2022-020 - Lot 186 and 7640 Kalar Road - ZBA 455 - 456 2024- 044. A by-law to prohibit and regulate noise in the City of Niagara Falls. By-law 2024-044 - Noise by-law 457 - 466 2024- 045. A by-law to establish Administrative Penalties (Non-Parking) for By-Law No. 2004-105 (as amended by By-law No. 2005-73, By- law No. 2007-28 and By-law No. 2014-155); By-Law No. 2007- 41; By-Law No. 2001-31 (as amended by By-Law No. 2021-57 and By-law No. 2021-99). By-law 2024-045 AMPS By-law 467 - 483 2024- 046. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 30th day of April, 2024. By-law 2024-046 - 04 30 24 Confirming By-law 484 18. ADJOURNMENT Page 11 of 484 MINUTES City Council Meeting 4:00 PM - Tuesday, April 9, 2024 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, April 9, 2024, at 4:07 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 Victor Pietrangelo, Councillor Wayne Thomson COUNCIL ABSENT: Councillor Mike Strange STAFF PRESENT: Jason Burgess, Bill Matson, Shelley Darlington, Kira Dolch, Kathy Moldenhauer, Chief Jo Zambito, Nidhi Punyarthi, James Dowling, Erik Nickel, Margaret Corbett (attended in Council Chambers) Trent Dark, Gerald Spencer (attended via Zoom) 1. CALL TO ORDER The meeting was called to order at 4:07 PM. 2. ADOPTION OF MINUTES 2.1. Council Minutes of March 19, 2024 Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Wayne Thomson THAT Council APPROVE the minutes of the March 19, 2024 meeting as presented. Carried Unanimously 3. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Ruth-Ann Nieuwesteeg declared a conflict of interest to Item #5.5 regarding the Summer Street Shelter, as the Councillor has property in the area. 4. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Diodati extended condolences to the following:  Eleanor Waters, mother of Sue Scerbo of our Planning Department.  Linda Halliday, mother of Lee Halliday of our Bylaw Department.  Amanda Symington, wife of Ken Beaman, retired City Solicitor.  Alan Molloy, stepfather of Paul Brown, our Manager of Parking Services. Page 1 of 18 Page 12 of 484  Laura Carroll, retired City Staff Member from the Mayor's Office.  Gord Singleton b) Mayor Diodati mentioned the following events: Niagara Riverhawks Playoff Challenge  Accepted a friendly challenge o from Grimsby Council Member, Jacob [Ber-AD-zee]  Niagara Riverhawks and Grimsby Peach Kings playoff series  Peach Kings won out- and I wear agreed to wear the jersey! Eclipse  City staff thank you  Tourism partners- thank you! o NPC/ NFT/ Niagara City Cruises/ Niagara River Trading/ Sunlife/ Provincial Government  Smooth day with lots for locals and visitors alike Councillor Strange – Canadian Amateur Boxing Wall of Fame  3-time Olympic boxer (the only boxer ever from this country to say that) o 1992, 1996 and 2000  Commonwealth Games champion winning gold in 1994 and 1998  Inducted into the Canadian Amateur Boxing Hall of Fame on March 23, 2024 in Calgary during the National amateur boxing championships.  He will join other former hall of fame boxers like o Lennox Lewis, Willie Dewitt, Shawn O’Sullivan, Dale Walters, and Scotty (The Bulldog) Olson.  Congratulations to our very own, Councillor Mike Strange  Mental Health Fair at Exchange  Also attended by Councillors Patel and Nieuwesteeg Chair Bradley’s State of the Region Address Komedy for Kidneys  Also attended by Councillor Patel and Nieuwesteeg Community Easter Egg Hunt at Firemen’s Park  Also attended by Councillor Patel Niagara College Renaisance Gala  Also attended by Councillors Strange and Patel Minister Piccini Announcement in Niagara Falls  Also attended by Councillors Councillor Representation Councillor Patel Balti Indian Restaurant event Page 2 of 18 Page 13 of 484 Business Happenings:  Grand Opening Craig’s Cookies o Also attended by Councillors Nieuwesteeg and Patel  Grand Opening Pizza Formaggio Food Truck c) The next Council meeting is scheduled for Tuesday, April 30, 2024. 5. APPOINTMENTS / DEPUTATIONS / PRESENTATIONS 5.1. Rotary District Conference The District Governor Elect for Rotary (Rotary Club of Welland), David Alexander, spoke before Council regarding the 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: arranging and securing a venue). Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson THAT Council direct staff to assist in sourcing an appropriate venue for the Saturday, October 26, 2024 event - Rotary District Conference for approximately 300-400 people. Carried Unanimously 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, Founder and President and Rizza Gatbonton made 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 requested 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. Moved by Councillor Ruth-Ann Nieuwesteeg Page 3 of 18 Page 14 of 484 Seconded by Councillor Victor Pietrangelo THAT Council approve the request to extend the invitation to attend the Niagara Fiesta Extravaganza to all City Council members and to provide support by promoting the festival through the City's social media channels and the City's website; furthermore, THAT Council approve the request for 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. Carried Unanimously 5.3. MIST Music Festival - 75th Anniversary Celebration of Filipino Canadian Friendship (Presentation and event has been cancelled - notification received post Council meeting) 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 the Niagara Falls Convention Centre (indoor event) on Saturday, May 18, 2024. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council approved the request for an exemption to the City's Noise-By- law for the playing of music until 1:00 AM at the Niagara Falls Convention Centre (indoor event) on Saturday, May 18, 2024. Carried Unanimously 5.4. Family and Children's Services Niagara (FACS) - Mountainview LemonAID Day Jayden Polgrabia, along with FACS Niagara Foundation Board President Caroline Polgrabia, presented before Council to speak on the upcoming Mountainview LemonAID Day to be held on Saturday, June 8, 2024. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Wayne Thomson THAT Council declare Saturday, June 8, 2024 as Mountainview LemonAID Day to be held on Saturday, June 8, 2024; AND to request that MYAC (Mayor's Youth Advisory Committee) take a lead and investigate certain city locations to host a LemonAID stand and; THAT Council direct staff to promote the event through our social media channels and FURTHERMORE, THAT Council request the Niagara Falls Illumination Board to change the colour of the Falls to yellow to draw awareness to the event. Carried Unanimously 5.5. Summer Street Shelter Residents concerned with safety issues around the Summer Street Shelter, attended the Council meeting. Amanda Jellema, resident, addressed Council on behalf of the residents and businesses in the Main Street, Lowell Avenue and Summer Street area. Amanda cited many concerns, including an unsafe Page 4 of 18 Page 15 of 484 environment and unwanted behaviour and explained how these issues have negatively impacted the neighbourhood. Amanda presented Council with a petition signed by many local residents (112) opposed to the temporary site becoming permanent. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Lori Lococo THAT Council direct staff to come back with a fullsome report outlining responses and solutions to the outstanding safety issues from our partners; and to arrange a meeting with all partners (Regional Councillors, Public Health respresentatives, Niagara Regional Police, City by-law enforcement) and to include a spokesperson from the neighbourhood to look for solutions to address the problems collectively. Carried Unanimously (Councillor Nieuwesteeg declared a conflict of interest). Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Staff direct staff to waive the procedural by-law to receive the petition submitted from the residents. Carried Unanimously 6. IN CAMERA SESSION OF COUNCIL 6.1. In-Camera Resolution Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Tony Baldinelli THAT Council enter into an In-Camera session at 6:09 PM. Carried Unanimously 7. REPORTS Open Council meeting resumed at 7:16 PM. Councillor Pietrangelo left Chambers at 7:16 PM and returned at 7:17 PM. 7.1. L-2024-04 Restriction of Certain Forms of Participation and Engagement in Council Meetings Our File No.: 2024-64 Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli 1. THAT Council RECEIVE this report and its companion report L-2024-03 Page 5 of 18 Page 16 of 484 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. Carried Unanimously 7.2. MW-2024-16 Audio Trails Wayfinding Proposal for Millennium Trail Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 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. Carried Unanimously 7.3. PBD-2024-11 Proclaimed Changes to the Conservation Authorities Act and New O. Reg. 41/24 Page 6 of 18 Page 17 of 484 Moved by Councillor Mona Patel Seconded by Councillor Lori Lococo THAT Council RECEIVE PBD-2024-11 for information. Carried Unanimously 7.4. PBD-2024-13 Housing Accelerator Fund Application Update Moved by Councillor Mona Patel Seconded by Councillor Wayne Campbell THAT Council RECEIVE this report for information purposes. Carried Unanimously 7.5. PBD-2024-14 Financial Assistance request for a 100-112 unit affordable housing project on 8055 McLeod Road Moved by Councillor Lori Lococo Seconded by Councillor Tony Baldinelli THAT Council allow members of public (John Potts, Board Director of Niagara Falls Non-Profit Housing (NFNP) to speak to this item (Item #7.5). Carried Unanimously Moved by Councillor Victor Pietrangelo Seconded by Councillor Lori Lococo 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. Page 7 of 18 Page 18 of 484 Carried Unanimously 7.6. R&C-2024-03 Anti-Racism Committee New Committee Member Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel 1. THAT Council APPROVE adding Johnathan Frazier to the Anti-Racism Committee. Carried Unanimously 7.7. F-2024-14 2024 Development Charge Update 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, Staff, Hemson Consulting, and Development Stakeholders have identified several opportunities. This report provides Council with recommendations related to these opportunities in advance of the updated DC By-Laws being adopted. Moved by Councillor Mona Patel Seconded by Councillor Tony Baldinelli 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 Page 8 of 18 Page 19 of 484 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” Carried (Councillor Lococo was opposed to the vote). 7.8. PBD-2024-12 2023 Housing & Growth Monitoring Report - Year in Review Moved by Councillor Wayne Campbell Seconded by Councillor Victor Pietrangelo 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. Carried Unanimously 8. CONSENT AGENDA Jason Burgess, CAO, left the meeting at 8:08 PM. 8.1. CLK-2024-02 Request to Review Applications for Mayor's Accessibility Advisory Committee Moved by Councillor Mona Patel Seconded by Councillor Victor Pietrangelo THAT Council REVIEW the Committee's applications to fill any vacancies at an upcoming Council meeting and THAT committees no longer provide recommendations as to how to fill vacancies. Carried Unanimously 8.2. F-2024-15 Final Tax Notice Due Dates Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell 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. Carried Unanimously 8.3. F-2024-16 Page 9 of 18 Page 20 of 484 2024 Property Tax Rates Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council APPROVE the 2024 Property Tax Rates as illustrated in attachments 1 through 3. Carried (Councillor Lococo was opposed). 8.4. R&C-2024-04 2023 Annual Update from the Culture Section Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council RECEIVE report R&C 2024-04 for information. Carried Unanimously 9. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 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. 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. Recommendation: For the Approval of Council. 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. 9.4. Proclamation Request - Moose Hide Campaign Day Page 10 of 18 Page 21 of 484 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. 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. Recommendation: For the Approval of Council. 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. 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. 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. 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. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Wayne Thomson THAT Council APPROVE/SUPPORT Item #9.1 through to and including Item #9.9. Page 11 of 18 Page 22 of 484 Carried Unanimously 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 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. 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. 10.3. Correspondence from Enbridge Gas Inc. 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, spoke before Council, opposed to the Enbridge decision and in support of the Ontario Energy Board (OEB). Recommendation: For the Information of Council. 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. 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. 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. Page 12 of 18 Page 23 of 484 Recommendation: For the Information of Council. Moved by Councillor Wayne Thomson Seconded by Councillor Wayne Campbell THAT Council receive and file for information Item #10.1 through to and including Item #10.6. Carried Unanimously 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Noise By-law Extension Request - Chippawa Slo-Pitch Tournament and Street Dance - 2024 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. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 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. Carried Unanimously 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. Page 13 of 18 Page 24 of 484 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. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 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. Carried Unanimously 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. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg 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. Carried Unanimously 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. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg Page 14 of 18 Page 25 of 484 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. Carried Unanimously 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. Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson THAT the matter be referred to staff and shared with Niagara Parks Commission. Carried Unanimously 12. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Thomson THAT Council APPROVE the purchase of land at 12761 Sodom Road; AND THAT the City Solicitor and CAO, or their designate, be AUTHORIZED to execute all documentation and take whatever steps necessary to carry out and complete the transaction; AND THAT Council DIRECT staff to approach the Province to investigate the designation of the QEW corridor between Niagara Falls and Fort Erie as a Provincially Significant Employment Zone. Carried Unanimously 13. NOTICE OF MOTION/NEW BUSINESS a) Mooned T-shirts - available for sale to the public. Councillor Lococo informed Council that she has numerous inquiries from the public as to how to purchase the mooned t shirts worn by the Mayor on the Solar Eclipse Day. Direction to Staff: Mayor Jim informed Council that he would direct staff to inquire as to how the mooned t-shirts could become available for public purchase. 14. MOTIONS 14.1. Municipal Accommodation Tax (MAT) - At the Council meeting of March 19, 2024, Councillor Tony Baldinelli brought forth the following motion: Page 15 of 18 Page 26 of 484 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 and to include the following: 1. What is the Municipal Accommodation Tax and what is it presently used for? 2. Why is our current MAT significantly less than most municipalities in Ontario? 3. How much revenue is the MAT expected to generate (approx.) year over year? 4. How would the City of Niagara Falls' use of the MAT currently compare to those municipalities with a significant tourism component to their economy? 5. How can we improve and/or enhance the tourism experience while trying to ensure that we're respecting our community? 6. What are the current impacts of tourism on the municipality, and can the MAT be used to implement measures that try to alleviate the pressure of tourism on the residents and the city itself? Moved by Councillor Tony Baldinelli Seconded by Councillor Lori Lococo THAT Staff bring an update on current practices and a report to explain our options for the Municipal Accommodation Tax and its best practices. Carried Unanimously 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 Report for the education, information and discussion of Council. Moved by Councillor Lori Lococo Seconded by Councillor Wayne Campbell THAT Council review the Housing Strategy Report for the education, information and discussion of Council. Carried (Councillor Patel and Councillor Pietrangelo were opposed). 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. Page 16 of 18 Page 27 of 484 Moved by Councillor Lori Lococo 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. Not put (no seconder) 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. This motion was deferred until the next Council meeting on April 30, 2024, as Councillor Strange was absent. 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. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Victor Pietrangelo THAT Staff be directed to report back to Council providing parking options for Cummington Square to better serve the residents and business owners of this area. Carried Unanimously 15. BY-LAWS 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. 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. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT the by-laws be read a first, second and third time and passed. Carried (Councillor Lococo opposed to By-law 2024-040). 16. ADJOURNMENT a) Adjournment Moved by Councillor Wayne Thomson Page 17 of 18 Page 28 of 484 Seconded by Councillor Mona Patel THAT Council adjourn the meeting at 9:26 PM. Carried Unanimously Mayor City Clerk Page 18 of 18 Page 29 of 484 Seniors MonthActivities Seniors Advisory Committee | April 30, 2024 Recreation, Culture & Facilities Page 30 of 484 Seniors Month ActivitiesWho are the Seniors Advisory Committee (SAC)? To serve in an advisory capacity to City Council and staff on matters that impact the quality of life of seniors (60 years plus) in the City of Niagara Falls. 2Page 31 of 484 Seniors Month ActivitiesMembers of the Seniors Advisory Committee Otto Penner –Chair Ewald Kuczera –Vice Chair Councillor Wayne Campbell Councillor Ruth-Ann Nieuwsteeg Beth DalBianco Karen Fraser Eileen Tinio-Hind Kathy Quiquero Anna Racine Joe Szabo 3Page 32 of 484 Seniors Month Activities•June is Seniors Month in Ontario. Bill 70, Seniors Month Act, 2023 •It’s a time to honour and celebrate the contributions and hard work that Ontario’s older adults have done all their lives to make Ontario/Niagara Falls the great place it is today Seniors Month in Ontario 4Page 33 of 484 Programs & Activities during June The Seniors Advisory Committee are delighted to announce an up-coming Speaker Series, Free Zumba Classes, Tai Chi and Line Dancing, Discounts at Local Businesses, Free Older Adult Skating and Free admission to the Museum on Fridays.Seniors Month Activities5Page 34 of 484 Seniors Month ActivitiesGARDENING FOR SENIORS June 4 at 2:00 pm Presented by Renee Delany, Natural Health Practitioner and small-scale farmer. How to improve the current food system MEDICAL SERIES June 11 at 2:00 pm Bryce Brunarski, Operations Supervisor for Public Relations and Affairs at Niagara Emergency Medical Services, will be presenting and answering questions about paramedic services, specifically for seniors ART FOR SENIORS June 18 at 2:00pm Presented by Kim Van Stygeren, Cultural Development Coordinator, City of Niagara Falls. An overview of Art & Culture in Niagara Falls, plus, what is upcoming for the new Culture Hub, The Exchange MUSIC THERAPY FOR OLDER ADULTS June 25 at 2:00pm Presented by Victoria Rondinelli, Director of Niagara Men’s Chorus and Director of the Robert Wood Singers. Music is enjoyed by all of us, but for seniors it has shown to have actual health benefits. Victoria will explore this and various other topics in music Tuesday Speaker Series 6 Tuesdays at 2:00 pm / Victoria Avenue Library Page 35 of 484 Seniors Month ActivitiesThursday Speaker Series 7 Thursdays at 6:00 pm / MacBain Community SLEEP, AGING, AND MENTAL HEALTH June 6 at 6:00pm Presented by Dr. Nicholas Kates LEGAL CONSIDERATIONS OF ESTATE PLANNING June 13 at 6:00pm Presented by Erica A. Blythe. Associate at Martin Sheppard Fraser PLANNING MEANINGFUL CELEBRATIONS OF LIFE June 13 at 6:00pm Presented by Ruth-Ann Nieuwesteeg. Funeral Director, Patterson Funeral Home GREEN BURIALS June 13 at 6:00pm Presented by Mark Richardson. Manager of Cemetery Services. Environmentally friendly alternative to traditional burial practices DIET & NUTRITION AS RELATED TO CANCER PREVENTION AND TREATMENT June 20 at 6:00pm Followed by a panel with Councilor Campbell and Mayor Jim Diodati on their cancer experiences AGING IN A HEALTHY WAY June 27 at 6:00pm Presented by Christina Huntington, Nurse Practitioner and Julie Rubel, Gerontological NursePage 36 of 484 Programs & Activities during June Free Zumba every Sunday in June at 9:30am at Oakes Park Free Tai Chi at St Antoine Hall at 6:00pm Free Line Dancing at St Antoine Hall at 7:00pmSeniors Month Activities8Page 37 of 484 Programs & Activities during June Seniors Month Activities9 Free Museum Admission every Friday in June. 10:00am –5:00pm Page 38 of 484 Programs & Activities during June Seniors Month Activities10 50% off at Niagara Parks Attractions Page 39 of 484 Programs & Activities during June Seniors Month Activities11 COGECO presents Protect yourself from Fraud & Phishing Scams Basic online Navigation Thursday June 13 at 1:00pm at MacBain Community Centre Page 40 of 484 Programs & Activities during June Seniors Month Activities12 Free Older Adult Skate at the Gale Arena Tuesdays in June at 10:15am –11:15am Wednesdays at 11:30am –12:30pm Page 41 of 484 CurrentSAC Initiatives Seniors Month Activities13Page 42 of 484 Seniors Month Activities•Created by the SAC Committee, The Seniors ‘News and Views’ is a monthly Talk Show and is recorded at the Cogeco Studio. •Invited guests talk about topics pertaining to seniors topics. •Airs on Sundays at 11 a.m. and 7:30 p.m. & Tuesday at 11:00 a.m. Seniors News & Views 14Page 43 of 484 Future WorkAge Friendly Designation An age-friendly city is a place that adapts its services and physical structures to be more inclusive and receptive to the needs of its population to improve their quality of life as they age. The SAC is working toward The City of Niagara Falls becoming officially recognized as an age-friendly City by earning a Designation from the World Health Organization.Seniors Month Activities15Page 44 of 484 Seniors Month ActivitiesQUESTIONS? 16Page 45 of 484 THANK YOUSeniors Month Activities17Page 46 of 484 R&C-2024-06 Report Report to: Mayor and Council Date: April 30, 2024 Title: Seniors Advisory Committee - Seniors Month Recommendation(s) 1.THAT Council PROMOTE Senior’s month scheduled for the month of June that will feature a variety of engaging activities and events tailored to our senior communities’ interests. Executive Summary June is Senior’s month across Canada. To celebrate this, and to help meet the goals and objectives of the Seniors Advisory Committee, the committee has schedule multiple presentations and events throughout the month of June. These events are focused on education and learning for this age demographic will also being opportunities for learning and input from the community to the committee. Background The City of Niagara Falls Seniors Advisory Committee was created in 2019 with a purpose to “serve in an advisory capacity to Council and staff on matters that impact the quality of life of seniors (60 years plus) in the City of Niagara Falls”. Over time, the Committee has created multiple goals and objectives. Some of these goals include, but are not limited to, 1 - Promoting Awareness and Encouraging Input 2 – Explore and develop partnerships that inform and improve the quality of life for seniors 3 – Develop and action-oriented strategy, focused on older adults, to create and Age- Friendly Niagara Falls. 4 – Advise Council Analysis The objective of this report is to inform the council about the upcoming events organized by the Seniors Advisory Committee scheduled for June, designated as Seniors Month. Additionally, it aims to foster and strengthen the relationship between the council and the committee. Furthermore, the committee extends an invitation to the council to participate in the diverse array of activities planned for Seniors Month. Page 1 of 3 Page 47 of 484 Seniors Advisory Committee – Seniors Month Activities Sundays 9am Zumba in Oakes Park Tuesdays 2pm Speaker Series at Stamford Library June 4th – Renee Delany - Gardening June 11th – TBD - Medical Series June 18th – Clark Bernat on Art for Seniors June 25th – Victoria Rondinelli - Music Therapy for Older Adults Wednesdays50% of Niagara Parks Free Public skating Thursdays 6pm Speaker Series at MacBain Community Centre June 6th – Dr. Nicholas Kates on Sleep, Aging and Mental Health June 13th – Erica Blythe on Legal Considerations of Estate Planning, Ruth-Ann Nieuwesteeg on Planning Meaningful Celebrations of Life, and Mark Richardson on Green and Natural Burials. June 20th – Dr. McMillan, Pamela Szabo-Kode, Lisa Cole, Councillor Campbell, and Mayor Jim Diodati on Cancer Prevention and Treatment with a Q&A panel to follow. June 27th – Jule Rube and Christina Huntington on Aging in a Healthy Way June 13th - 1pm Cogeco Classroom Workshop on Cyber Security Strategic/Departmental Alignment The City of Niagara Falls functions under the guiding principles of their 2023-2027 strategic plan. Within that plan are multiple goals linked directly to these Seniors Advisory committee events. Two examples of these strategic goals linking with the Seniors Advisory goals are: 1 -We use public engagement to collect diverse perspectives and to act fairly, responsibly and equitably on behalf of our residents 2 - Enhance community services and facilities The key takeaway is that the Seniors Advisory Committee is strategically aligned with the City of Niagara Falls overall strategic plan, and invite council to participate in these ventures. Contributor(s) Seniors Advisory Committee Page 2 of 3 Page 48 of 484 Written by: DJ Brooks, Community Development Coordinator Hanya Nagy, Manager of 60+ Older Adults and Aquatics Submitted by: Status: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Approved - 23 Apr 2024 Kira Dolch, General Manager, Planning, Building & Development, Acting CAO Approved - 23 Apr 2024 Page 3 of 3 Page 49 of 484 PROCLAMATION WHEREAS National Access Awareness Week (NAAW) began in 1987 as a result of Rick Hanson’s Man in Motion Tour; and WHEREAS this designated week allows communities to promote the need for greater Barrier-free accessibility in buildings, on modes of transportation and in public places; and WHEREAS the week also promotes awareness of issues affecting the disabled, Accomplishments by the disabled community and goals for the future; and WHEREAS the Mayor’s Accessibility Advisory Committee (M.A.A.C.), would like the week of May 26th to June 1st, 2024, proclaimed "National Access Awareness Week" in the City of Niagara Falls, and WHEREAS the official flag and logo of the Mayor’s Accessibility Advisory Committee be raised during this entire week at the front of City Hall. NOW THEREFORE I, James M. Diodati, Mayor of the City of Niagara Falls, on behalf of City Council do hereby proclaim the week of May 26th to June 1st, 2024, as “National Access Awareness Week" in the City of Niagara Falls. Mayor James M. Diodati & Members of Council April 30th, 2024 Page 50 of 484 April 30, 2024 Provincial Accessibility Compliance for Implementation of OLG Programs Attn: Mayor Diodati and Members of Council Access to non-municipal facilities for the purchase of transit tickets has been an ongoing issue of concern for our Mayor’s Accessibility Advisory Committee. Persons with disabilities are often prevented from entry to buildings that are without automatic door operators, have narrow doorways, and in the case of many older buildings a single step provides a barrier to access. This letter extends concerns to Provincial programs operating from these same types of facilities. The OLG’s soon to be announced arrival of beer and wine in everyone’s corner store provides Ontario with an example of a rare opportunity to explore the accessibility and facilitation of all Provincial programs (including sale of lottery tickets). It appears that when lottery terminals were deployed, the Province was more interested in retail sales volumes rather than building community access for citizens, an oversight which needs to be corrected going forward. Retailers requiring facility modifications to support barrier-free access to Provincial programs should receive financial support and incentives from the Province to make all their programs accessible for all Ontarians. By way of this letter, the Mayor’s Accessibility Advisory Committee seeks Council’s support in reaching out to the MPP’s office to place the onus of responsibility on the Province for ensuring facilities housing their programs are accessible for everyone. Respectfully, Robert Romanuk NF AAC (Chair) Page 51 of 484 2024 Development Charges Background Study Statutory Public Meeting CITY OF NIAGARA FALLS Tuesday, April 30th, 2024Page 52 of 484 Today We Will Discuss... ▪Background and Study Process ▪Bill 185 Legislative Changes ▪Development Forecast ▪DC Capital Program ▪Proposed DC Rates ▪Policy Items ▪Timeline 1Page 53 of 484 Purpose of Today’s Meeting Meeting Purpose ▪Provide opportunity to make representation on the proposed 2024 Development Charges Study and By-law ▪Statutory Public Meeting required by Section 12 of the Development Charges Act ▪DC Background Study made publically available on March 28, 2024 ▪DC Draft By-law made publically available on April 16, 2024 2Page 54 of 484 What are Development Charges? ▪Charges imposed on development to pay for “growth- related” capital costs ▪Pays for new infrastructure and facilities to maintain service levels ▪Principle is “growth pays for growth” 3Page 55 of 484 Bill 185 Legislative Changes ▪Bill 185: Cutting More Tape to Build More Homes ▪First reading occurred April 10, 2024 ▪Removes statutory 5-year phase-in ▪Re-added “Studies” as DC eligible costs ▪Reduced frozen DC rate period (2 years to 18 months) ▪Updated notice requirements (allow digital options for notice as opposed to newspaper) ▪Affordable and Attainable Housing ▪Exemption was introduce through Bill 108 in November 2022 ▪Still not enacted 4Page 56 of 484 Development Charges Study Process 5 Growth / Development Forecast Amount, type and location of development Growth-Related Capital Needs What will we need to build? Operating and Replacement Cost Analysis, including Asset Management Plans – for information 15-Year Historical Service Levels How much can be funded from DCs? Capital Needs Eligible to be funded from DCs Remainder funded from other sources Legislated Reductions Grants, other contributions, benefit to existing, available DC reserves, post- period benefit Costs Eligible for DC Recovery Non-Residential Sector (per m2 of GFA) Residential Sector (per unit) Informs Page 57 of 484 Development Forecast: City-wide 6 113,259 47,342 45,303 - 20,000 40,000 60,000 80,000 100,000 120,000 2006 2011 2016 2021 2026 2031 City of Niagara Falls Historic and Forecast Growth Census Pop Households POW Employment Historical Growth 2006-2021 Forecast Growth 2024-2033 Note: Census Population exclude Census undercoverage, Place of Work (POW) Employment, excludes work at home employment. Note: Development forecast is informed by the Niagara Region MCR. Page 58 of 484 Summary of Capital Program (in Millions): 2024-2033 7 Note*: Studies are currently not longer eligible for recovery through DCs, however, recent announcement from the Ministry on April 10th (Bill 185) has indicated the inclusion of studies as an eligible capital cost for recovery. Studies has been included in the DC Background Study, however, the inclusion of development-related studies into the DC by-law will be subject to the DCA. Service Net Costs Ineligible Shares Available Reserves 2024-2033 Other Dev. Related Development-Related Studies 13.94$ 5.95$ 0.33$ 6.52$ 1.1$ Library Services 13.68$ 6.04$ 0.64$ 7.00$ -$ Fire Protection 14.18$ -$ 3.48$ 10.70$ -$ Parks & Recreation 74.83$ 5.67$ 6.07$ 63.09$ -$ Services Related To A Highway: Public Works & Fleet 72.88$ 11.08$ 0.55$ 9.54$ 51.71$ Services Related To A Highway: Roads And Related 85.77$ 15.75$ 7.06$ 61.38$ 1.57$ Water Services 103.87$ 51.31$ 1.59$ 48.50$ 2.47$ Sanitary Sewer Services 163.16$ 47.97$ 0.26$ 87.80$ 27.14$ Storm Water Management Services 24.88$ 16.30$ 6.43$ 2.15$ -$ TOTAL $567.2$ 160.1$ 26.4$ 296.7$ 84.0$ TOTAL %100%28%5%52%15%Page 59 of 484 Fully Calculated Residential Development Charges 8 $/Unit Single/Detached $38,162 Rows & Multiples $26,281 Apartments $18,937 Special Care Needs $11,571 Development Related Studies , 2%Library Services , 3% Fire Protection , 4% Parks & Recreation , 25% Public Works & Fleet, 3% Roads & Related, 19% Water , 15% Sanitary Sewer , 28% Storm Water Management , 1%Page 60 of 484 Comparison of Current vs. Calculated Residential Rates (Single-Detached Unit) - With 5-year phase-in 9 Singles & Semis $/unit Calculated Change (%) Current $17,239 Year 1 - 2024 (80%)$30,530 77% Year 2 - 2025 (85%)$32,438 6% Year 3 - 2026 (90%)$34,346 6% Year 4 - 2027 (95%)$36,254 6% Year 5 - 2028 (100%)$38,162 5%Page 61 of 484 Comparison of Current vs. Calculated Residential Rates (SDU) – No Phase-In 10 Current Calculated Service Residential Residential Charge / SDU Charge / SDU Development Related Studies $141 $815 $674 479% Library Services $741 $1,138 $397 54% Fire Protection $723 $1,368 $645 89% Parks & Recreation $3,569 $9,474 $5,905 165% Services Related To A Highway: Public Works & Fleet $423 $1,207 $784 186% Services Related To A Highway: Roads & Related $4,380 $7,229 $2,849 65% Subtotal City-wide Services $9,976 $21,231 $11,255 113% Water $975 $5,878 $4,903 503% Sanitary Sewer $3,389 $10,860 $7,471 220% Storm Water Management $2,900 $193 ($2,707)-93% Subtotal Urban Area Services $7,263 $16,931 $9,668 133% TOTAL CHARGE PER UNIT $17,239 $38,162 $20,923 121% Note: Transit Services removed and uploaded to the Region. Note: Roads and Related now includes the Sidewalk charge. Difference in Charge Page 62 of 484 $23,456 $27,091 $35,087 $36,817 $38,414 $40,370 $41,415 $42,637 $42,842 $49,166 $50,399 $54,638 $54,910 $55,928 $59,133 $62,288 $63,560 $64,874 $69,292 $92,564 $- $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,000 Tillsonburg - 2019 Woodstock - 2022 Welland (Wastewater & Water Services) - 2022 Port Colborne (Urban) - 2019 St. Catharines (Urban) - 2022 Niagara-on-the-Lake - 2018 West Lincoln (Urban) - 2019 Niagara Falls (Urban Area) - Current Brantford (City-Wide) - 2021 Grimsby (Urban Area) - 2022 Thorold (Rolling Meadows) - 2019 Pelham (Water & Sanitary Sewer Services) - 2021 Fort Erie (Urban) - 2024 Year 1 Niagara Falls (Urban Area) - Year 1 Lincoln (Urban Services) - 2022 Fort Erie (Urban) - Year 5 Niagara Falls (Urban Area) - Year 5 Burlington - 2022 Hamilton (Dundas/Waterdown) - 2019 Hamilton (Dundas/Waterdown) - Proposed Year 5 Upper Tier Lower Tier ASDC Residential Rate Comparison (per Single-Detached Unit)* 11 Note: Educational Development Charges not included.Page 63 of 484 Fully Calculated Non-Residential Development Charge 12 $/Sq.M. Uniform $138.24 Development Related Studies , 3%Fire Protection , 5% Public Works & Fleet, 5% Roads & Related, 29% Water , 42%Sanitary Sewer , 20% Storm Water Management , 37%Page 64 of 484 Comparison of Current vs. Calculated Non-Residential Rates- With 5-year phase-in 13 Non-Residential $/m2 Calculated Change (%) Current - Outside Core Tourist Area $57.26 Year 1 - 2024 (80%)$110.59 93% Year 2 - 2025 (85%)$117.50 6% Year 3 - 2026 (90%)$124.41 6% Year 4 - 2027 (95%)$131.32 6% Year 5 - 2028 (100%)$138.24 5% Non-Residential $/m2 Calculated Change (%) Current - Core Tourist Area $33.68 Year 1 - 2024 (80%)$110.59 228% Year 2 - 2025 (85%)$117.50 6% Year 3 - 2026 (90%)$124.41 6% Year 4 - 2027 (95%)$131.32 6% Year 5 - 2028 (100%)$138.24 5%Page 65 of 484 Current vs. Calculated Outside Core Tourist Area Non-Residential Rates – No Phase-In 14 Service Development Related Studies $0.63 $4.48 $3.84 606% Library Services $0.00 $0.00 $0.00 N/A Fire Protection $3.25 $7.50 $4.24 130% Parks & Recreation $0.00 $0.00 $0.00 N/A Services Related To A Highway: Public Works & Fleet $1.90 $6.63 $4.72 248% Services Related To A Highway: Roads & Related $19.63 $39.68 $20.05 102% Subtotal City-wide Services $25.42 $58.28 $32.86 129% Water $4.27 $27.26 $22.99 539% Sanitary Sewer $14.86 $51.64 $36.78 248% Storm Water Management $12.72 $1.06 ($11.66)-92% Subtotal Urban Area Services $31.84 $79.96 $48.12 151% TOTAL CHARGE PER SQUARE METRE $57.26 $138.24 $80.98 141% Note: Transit Services removed and uploaded to the Region. Note: Roads and Related now includes the Sidewalk charge. Non-Residential Rate ($/Square Metre) Outside Core Tourist Area Current Charge Calculated Charge Difference in Charge Page 66 of 484 Comparison of Current vs. Calculated Core Tourist Area Non-Residential Rates – No Phase-In 15 Service Development Related Studies $0.63 $4.48 $3.84 606% Library Services $0.00 $0.00 $0.00 N/A Fire Protection $3.25 $7.50 $4.24 130% Parks & Recreation $0.00 $0.00 $0.00 N/A Services Related To A Highway: Public Works & Fleet $1.90 $6.63 $4.72 248% Services Related To A Highway: Roads & Related $19.57 $39.68 $20.11 103% Subtotal City-wide Services $25.36 $58.28 $32.92 130% Water $5.61 $27.26 $21.66 386% Sanitary Sewer $0.65 $51.64 $50.99 7870% Storm Water Management $2.07 $1.06 ($1.01)-49% Subtotal Urban Area Services $8.32 $79.96 $71.63 860% TOTAL CHARGE PER SQUARE METRE $33.68 $138.24 $104.56 310% Note: Transit Services removed and uploaded to the Region. Note: Roads and Related now includes the Sidewalk charge. Non-Residential Rate ($/Square Metre) Core Tourist Area Current Charge Calculated Charge Difference in Charge Page 67 of 484 $81.74 $95.81 $118.10 $214.04 $223.34 $232.72 $233.79 $237.99 $246.92 $258.55 $274.80 $300.25 $307.19 $310.43 $312.69 $327.90 $334.65 $336.57 $408.93 $458.00 $731.21 $- $100.00 $200.00 $300.00 $400.00 $500.00 $600.00 $700.00 Woodstock - 2022 Tillsonburg - 2019 Brantford (City-Wide) - 2021 St. Catharines (Urban) - 2022 Niagara Falls (Core Tourist Area) - Current West Lincoln (Urban) - 2019 Port Colborne (Urban) - 2019 Welland (Wastewater & Water Services) - 2022 Niagara Falls (Outside Core Tourist Area) - Current Niagara-on-the-Lake - 2018 Grimsby (Urban Area) - 2022 Niagara Falls - Year 1 Fort Erie (Urban) - 2024 Year 1 Thorold (Rolling Meadows) - 2019 Hamilton (Dundas/Waterdown) - 2019 Niagara Falls - Year 5 Pelham (Water & Sanitary Sewer Services) - 2021 Fort Erie (Urban) - Year 5 Lincoln (Urban Services) - 2022 Hamilton (Dundas/Waterdown) - Proposed Year 5 Burlington - 2022 Upper Tier Lower Tier ASDC Commercial Non-Residential Rate Comparison (per square metre) 16Page 68 of 484 DC Policy Items 17 1.Recommend new Industrial Grant Program ▪100% exemption currently provided for industrial development ▪Establish program outside of DC By-law, can be capped/changed outside of DC by -law 2.Recommend CIP Policies be external to DC By-law ▪Reference CIP policies rather than include exemption directly in by-law ▪Allow for changes to DC exemptions outside of by -law update 3.Other Policy Considerations ▪Add exemption for places of worship ▪Add DC rate for Special Care/Special Needs Dwellings ▪Remove area-specific rates for the Core Tourist Area/Outside Core Tourist Area 4.Requirements of DCA ▪Council can choose to discount or implement lower DC rates but will require funding from non-DC revenue sources (e.g. property taxes and/or utility rates)Page 69 of 484 Proposed DC Study Timeline 18 Item Date /Comments Legislative Requirements Release DC Background Study to Public March 28, 2024 ▪60 days before DC By-law Notice of Public Meeting April 10, 2024 ▪20 days notice Release Proposed DC By-law April 16, 2024 ▪2 weeks before public meeting (or sooner) Statutory Public Meeting April 30, 2024 ▪Receive submissions from the public and Council ▪May result in changes to proposed by-law ▪Determine if additional public meeting is required DC By-law Passage May 28, 2024 ▪Proposed changes through public process brought forward for adoption Notice of By-law Passage June 17, 2024 ▪20 days after passage or sooner Appeal Period July 8, 2024 ▪40 days after DC By-law passage Current By-law expires July 9, 2024 If a new DC by-law is not passed before that date the City cannot collect DCs Page 70 of 484 Questions? 19Page 71 of 484 NOTICE OF STATUTORY PUBLIC MEETING All interested parties are invited to attend in person or join the electronic public meeting: Date: Tuesday, April 30th, 2024 DATED at the City of Niagara Falls, Ontario this 10th day of April, 2024. PUBLIC NOTICE Place: Council Chambers, City Hall, 4310 Queen Street, Niagara Falls, ON, Canada L2E 6X5 Time: 4:00 pm DETAILS ON HOW TO ACCESS THE MEETING VIRTUALLY: Take notice that City of Niagara Falls Council is holding a public meeting on April 30th, 2024 at 4:00 PM to discuss proposed development charge rates as well as the policies that will be applied throughout the City. Council will be considering the approval of updated development charges by-laws on a date following this public meeting. Development charges are fees on new developments that fund growth-related costs to a municipality which are governed by the Development Charges Act, 1997. The Development Charges Background Study relates to the provision of eligible DC Services which includes General Government, Library Services, Fire Protection Services, Parks and Recreation, Services Related to a Highway: Public Works and Fleet, Services Related to a Highway: Roads and Related, Water Services, Sanitary Sewer Services, and Storm Water Management Services. The public meeting is an opportunity for the public to review and provide comments on the Development Charges Background Study and the proposed Development Charges By-law(s), as required under The Development Charges Act, 1997. REGARDING DEVELOPMENT CHARGES To participate remotely and electronically at the public meeting please pre-register with the City Clerk by sending an email to clerk@niagarafalls.ca by 4:00 pm on Monday, April 29, 2024. All registrants who indicate they wish to attend remotely and electronically will be provided with instructions on how to participate in the public meeting using an electronic platform. The proposed development charges by-law will not be considered by Council at this meeting. The by-law will be considered by Council at a future meeting, after considering comments received as part of the public meeting and the consultation process. The Development Charges Background Study is available on the City’s website at https://niagarafalls.ca. The proposed Development Charges By-law(s) will be made available on the City’s website at least two weeks before the public meeting. Any person may attend the public meeting and make written or verbal representation either in support of or in opposition to the study and by-law. Registration to speak and written comments should be directed to James Dowling, Deputy Treasurer, no later than 4:00 pm on Monday, April 29, 2024, so that necessary arrangements can be made with respect to the agenda. Comments can be sent electronically to James Dowling at finance@niagarafalls.ca or mailed to James Dowling at 4310 Queen Street, Niagara Falls, ON, Canada L2E 6X5. Comments received before and at the public meeting will be considered by Council before making any changes to the development charges by-law. Page 72 of 484 P: 905-646-6281 E: info@nhba.ca W: nhba.ca April 29, 2024, 2024 VIA EMAIL City of Niagara Falls 4310 Queen Street Niagara Falls ,On, Canada L2E 6X5 Att: Mr. James Dowling finance@niagarafalls.ca Draft Development charges by-law and Background Study (2024) City of Niagara Falls Mr. Dowling After review, we at the Niagara Home Builders Association, have come to the conclusion that there are many items within the proposed DC by-law that require your attention and dialogue with the home building industry before implementation and we request a meeting with our industry as well our consultants to review these concerns which include and not limited to eligibility, costing, benefit to existing as well as many other items. The Niagara Home Builders will supply you with the list of items to be discussed which is extremely lengthy in an appropriate timeline to allow the City to provide us with the information being requested. We at the Niagara Home Builders Association are committed to achieving HOUSING AFFORDABILITY for all and know that the City of Niagara Falls and their elected Officials do as Well! As an industry we look forward to working together to achieve this goal (housing affordability) ensuring that the new home purchaser is not left carrying the financial burdens for the existing citizens and Page 73 of 484 look forward to further dialogue with the City of Niagara Falls to ensure equality is achieved within this By-Law. Thanking you in advance Chuck McShane Chief Executive Officer 905-646-6281 | C: 905-353-6920 chuck@nhba.ca | www.nhba.ca cc:Jennifer Meader Jon Whyte Paul Savoia Niagara Home Builders’ Association PO Box 28, Ridgeway PO Ridgeway, ON L0S 1N0 Page 74 of 484 1 Heather Ruzylo Subject:Online Feedback Form Form Submission- From Niagara Construction Association From: Let’s Talk Niagara Falls <letstalk@niagarafalls.ca> Sent: Thursday, April 18, 2024 3:26 PM To: James Dowling <jdowling@niagarafalls.ca> Subject: [EXTERNAL]-Online Feedback Form Form Submission Online Feedback Form Form Submission There has been a submission of the form Online Feedback Form through your Let’s Talk Niagara Falls website. Please provide your name and affiliation (if any) Kevan Peters, Niagara Construction Association Please provide your email address. President@niagaraconstruction.org Do you have any concerns about the Development Charges & Community Page 75 of 484 2 Benefits Charges: DC Study, CBC Strategy and By-Law Updates? On behalf of the Niagara Construction Association and our members, I write you with concerns over the DC study and by-law update. The proposed increases to the D/C rates are far too aggressive and are likely to have a negative impact on new construction starts. Our community deserves to see our local leaders making positive contributions to the industry, not continuing to put up barriers. We need to see shovels in the ground! On the residential side, Development Charges are considered in the builder's overall project budget and negatively impact the potential revenue earned on a project. Margins are already tight, any further cost increases could result in neutral or negative revenue projections which will stall a project and keep lots empty and unused. The plan to maximize the allowable increase in the first year appears to be quite unreasonable when you could just phase it in over your 5 year plan. Developers will simply go elsewhere with their investment. On the commercial side, the proposed dramatic increase will be an instant deterrent for any new construction starts. Developers and entrepreneurs perform long range revenue forecasts to estimate the duration of time in operation will be required to see a return on an investment; these extra costs up front (plus financing) will contribute to these forecasts being unreasonable and not likely worth proceeding. Developers will simply go elsewhere with their investment. On the industrial side, the city's website current states "Industrial Development Charges were abolished in November 2001." The terms of the proposed by-law lists Industrial projects under “non-residential use”. So, in this case, your proposal is to go from $0 to $138.24 per square meter. Developers will simply go elsewhere with their investment. Page 76 of 484 3 Niagara Falls is a world renowned city with so many unique characteristics; your capital team has the opportunity to be equally unique in strategy, yet we're presented a template by-law study that mimics every other city the consultant has worked for. The city has already missed out on potential funding by not getting permits out and shovels in the ground; the same story will continue to play out unless creative strategies are implemented. We recommend city staff and council take this opportunity to find solutions appropriate for Niagara Falls and avoid getting hung up on what the other cities are doing. We recommend the presentation on your D/C increases include a detailed summary of other incentive programs or grants that will be available. We've heard that other opportunities will be made available to incentivize new builds but without actual details on the table, it all feels like empty promises that will be forgotten or revoked as staff continue to turn-over. Please demonstrate to the residents of Niagara Falls that these proposed cost increases are truly in all our best interest, and not just an opportunity for extra revenue. No new buildings, equals no new revenue, equals no new funds for investment in infrastructure. Thank you, Kevan Peters, President Niagara Construction Association Do you provide the City of Niagara Falls with permission to contact you at the provided email address? Yes, I provide consent to be contacted for the purposes of this project. To view all of this form's submissions, visit https://letstalk.niagarafalls.ca/index.php/dashboard/reports/forms_new/data/38 Page 77 of 484 4 This is not SPAM. You are receiving this message because you have submitted feedback or signed up to Let’s Talk 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 78 of 484 1600 Steeles Avenue West, Suite 318, Vaughan, ON · L4K 4M2 · 416-444-3300 April 29 2024 ATTN: James Dowling, CPA Deputy Treasurer City of Niagara Falls 4310 Queen St. Niagara Falls, ON L2E 6X5 RE: City of Niagara Falls Development Charges By-Law and Background Study Dear Mr. Dowling, Armstrong Planning and Project Management is the authorized representative of Empire Communities. On behalf of Empire Communities, this letter is to provide written comments to the City of Niagara Falls 2024 Draft Development Charge By-Law and DC Background Study prepared by Hemson Consulting, dated March 28, 2024. Empire Communities is based in the Greater Toronto and Hamilton Area and has been developing communities for the last 30 years. Developments range from low-rise master planned communities to high-rise developments. Empire has been active in the City and the Region of Niagara, as a whole, and has successfully executed numerous projects, with Grand Niagara being the most recent and currently under development. The Grand Niagara Subdivision is a unique, master-planned community that features a myriad of housing typologies ranging from traditional single and semi-detached homes to various forms of multiple-unit dwellings, including provisions for apartments and mixed-use buildings. We understand that the City is currently in the process of updating it’s in-effect Development Charges By-Law which was approved in 2019. As part of this process Hemson Consulting has been retained to prepare a Development Charges Background Study (“Background Study”). The Draft DC By-Law is anticipated to be approved by Council in May/June of 2024. Comments DC Exemptions for Affordable Homes Bill 134, the Affordable Homes and Good Jobs Act, 2023 (“Bill 134”), received royal assent in Ontario on December 4, 2023. Bill 134 amends the definition of "affordable residential unit" in the Development Charges Act, 1997, for the purpose of discounts and exemptions from municipal development-related charges. The definition of affordable residential units under Bill 134, introduces the concept of using an income-based approach to define affordable rent and purchase price, which is to be set out in the Ministry of Municipal Affairs and Housing’s Affordable Residential Units bulletin. Although this definition is currently not yet in-force, the passing of Bill 134 demonstrates an intent to expand the definition of affordability and provide relief to private developers in the form of DC Page 79 of 484 Comments to Draft DC By-Law and DC Background Study Page 2 of 4 exemptions. It was our understanding that the City’s Draft Development Charges By-Law would take the intent of Bill 134 into consideration and make provisions for DC exemptions for affordable housing. However, we find that the Development Charges By-Law has neglected to make such provisions and has restricted DC exemptions to municipal housing project facilities and non-profit housing developments. Specifically, The Development Charges By-Law does not: a) provide a definition for “affordable residential unit” in Section 1 – Definitions; and b) restricts DC exemptions to affordable housing projects that have received funding from the Region of Niagara. We strongly recommend that the criteria and applicability of DC exemptions for affordable housing be refined in the DC By-Law to be consistent with the intent of Bill 134 and the City’s Official Plan. Regarding item a) above, the City of Niagara Falls Official Plan defines affordable housing as follows: a: In the case of ownership housing, the least expensive of: I. Housing for which the purchase price results in annual accommodation costs which do not exceed 30 % of gross annual household income for low- and moderate-income households (as defined in the PPS); or II. Housing of which the purchse price is at least 10% below the average price of a resale unit in the regional market area (as defined in the PPS); b: in the case of rental housing, the least expensive: I. A unit of which the rent does not exceed 30% of gross annual household income for low- and moderate-income households (as defined in the PPS); or II. A unit of which the rent is at or below the average market rent of a unit in the regional market area (as defined by the PPS) In our opinion, the City’s OP definition should be carried forward in the Draft DC By-Law to be consistent with applicable law, relevant policies and regulations and to ensure that both rental and ownership housing forms that meet this definition are captured by the DC By-Law, as intended by Bill 134. As it relates to the criteria of receiving funding through Niagara Regional Housing, we understand that this funding would be restricted to purpose-built rental housing that is typically managed by a non- profit corporation. This effectively excludes the development community which is a key partner in the provision of affordable housing. With limited availability of subsidized housing and high wait-times, a large portion of the required affordable housing stock will be provided by developers. The DC By-Law as it is currently drafted, has not taken this into consideration and does not provide the incentives needed to spur the provision of affordable housing nor does it recognize the advances that have been made in the planning of non-traditional communities, such as Grand Niagara, to boost housing affordability. Page 80 of 484 Comments to Draft DC By-Law and DC Background Study Page 3 of 4 DC Eligible Services Related to Upcoming Empire Subdivisions Grand Niagara Subdivision Empire Grand Niagara Subdivision, City File AM-2023-002 was Draft Plan Approved in August 2023 and is planned to be a community of 3,558 to 5,387 dwellings spanning an area of 184.46 ha (455.8 ac). The subdivision is located near the southwest boundary of the City, with Phase 1 currently underway. As part of the overall development of this subdivision, 5.23 ha (12.9 ac) of park space will be dedicated to the City and the City-owned segment of Grassy Brook Road urbanized. Based on our review of the DC Background Study, we note that Park and Trail Development in the Grand Niagara Secondary Plan and the urbanization of Biggar Road between Montrose Road and Crowland Road is identified as a DC Eligible item. However, the urbanization of, and improvements along Grassy Brook have not been identified. We request that the latter be included, specifically as it relates to the publicly-owned segment of the road allowance, since these improvements will directly benefit adjacent landowners and the City as a whole. We further anticipate to enter into a development agreement with the City for any services constructed by Empire that are considered DC Eligible and for which DC Credits may be applicable. Niagara Falls Golf Club The Niagara Falls Golf Club is within the Garner West Secondary Plan and is slated to be developed into a residential community with approximately 800 dwellings. While no applications have been made as yet, Empire has started the planning of this community and anticipate that servicing improvements will be made as part of the redevelopment which will benefit the City at large. These include the following which are also identified in the Background Study as being DC Eligible: • Urbanization of Beechwood Road along the Niagara Falls Golf Club property • Urbanization of Garner Road along the Niagara Falls Golf Club property • Park and Trail Development in the Garner West Secondary We anticipate to enter into a development agreement with the City for services constructed by Empire, either in whole or part, that are considered DC Eligible and for which DC Credits may be applicable. Additional capital improvements anticipated for the development of the Niagara Falls Golf Club, that will result in a net benefit to the City as a whole, include the following: • Lundy’s Lane Sanitary Pumping Station and/or Forcemain improvements • New Sanitary Pumping Station and Forcemain on the Niagara Falls Golf Club property to service the subject site and future development parcels • Master Stormwater Management Facilities that service the subject site and future development parcels • Completion of New Sanitary Trunk Sewers, as stipulated in the Region of Niagara Master Servicing Plan Update Page 81 of 484 Comments to Draft DC By-Law and DC Background Study Page 4 of 4 We believe these items should be considered within the scope of the DC Background Study. As such, we look forward to the opportunity to discuss this further with staff. Conclusion There continues to be a need to increase the City’s housing stock and permanent population base. A slow down of development will have negative impacts across the City. We urge the City of Niagara Falls Council and staff to expand the scope of the Draft DC By-Law as it relates to the provision of DC exemptions for affordable housing, to maintain the housing development momentum. We respectfully request that Council direct staff to revise the Draft By-Law to include the definition for affordable housing as provided in the City’s OP and not limit DC exemptions to only those projects that receive funding through Niagara Regional Housing. We further request that the DC Eligible services, as identified in the DC Background Study be expanded to include the items mentioned in this letter that are needed for the servicing of the Grand Niagara and Niagara Falls Golf Club developments, as these services provide benefit to other developers and the City at large. Thank you for your consideration and I look forward to discussing this further. Stephen Armstrong, RPP Principal Cc: Matthew Forezli – Vice President – Land Development- Empire Communities Page 82 of 484 PBD-2024-016 Report Report to: Mayor and Council Date: April 30, 2024 Title: AM-2023-031 Zoning By-law Amendment Application 5858-5882 Dunn Street Applicant: Residence at Niagara Inc. (Rohit Parmar) Agent: Nilamraj (Raj) Patel (RPD Studio) Recommendation(s) 1. That Council approve the Zoning By-law amendment to rezone the property a site- specific Residential Apartment 5C Density (R5C) Zone to permit 72 stacked townhouse dwelling units within 4 blocks, subject to the regulations outlined in this report. 2. That a future internal access connection with the adjacent property to the west be reviewed by the General Manager of Planning, Building & Development as part of the site plan control. 3. 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. Executive Summary Residence at Niagara Inc. has applied for a Zoning By-law amendment to permit the rezoning of the subject property to a site specific R5C zone allowing 72 stacked townhouse dwelling units within 4 blocks. The amendment is recommended for the following reasons:  The proposed development conforms to Provincial, Regional, and City policies as it will contribute to the minimum intensification rate of 50% of all residential units constructed in the City, and will create additional housing units with a variety of unit sizes to provide housing choices for residents within the urban area;  The requested and recommended regulations are appropriate to regulate the proposed use and ensure the proposed development will be compatible with the surrounding properties; Page 1 of 12 Page 83 of 484  The proposal provides a modern design built form with adequate landscape buffers with a communal amenity space intergraded with the adjacent commercial parking lot and residential uses on the east side; and  A traffic brief will be required at site plan control with a further review of the access connection to the west. Background Proposal Residence at Niagara Inc. has requested a Zoning By-law amendment for a parcel of lands totalling approximately 0.72 ha (1.77 ac) as shown on Schedule 1. Schedule 2 shows details of the proposed development. The land is zoned at 5858 Dunn Street Residential Low Density, Group Multiple Dwelling (R4), and at 5866 & 5882 Dunn Street are zoned Residential Low Density, Group Multiple Dwelling (R4) in part, and Development Holding (DH), in part, in accordance with Zoning By-law 79-200, as amended. The applicant is requesting to rezone the subject property to a site-specific Residential Apartment 5C Density (R5C) zone to facilitate the proposed development on the lands. Site Conditions and Surrounding Land Uses The subject land is located on an interior lot and is bounded by Dunn Street on the north side, with an apartment building and single dwelling units on the east side, the Dunn Street commercial parking lot on the south side and an access driveway to the Dunn Street parking lot on the west side. Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, agencies, and the public for comments. The following summarizes the comments received to date. Niagara Region  No circulation requirement to the Niagara Region as part of the rezoning application. The Niagara Region are not in objection to the proposal in principle. Building Services, GIS, Legal Services and Fire Services  No objections or concerns. Page 2 of 12 Page 84 of 484 Municipal Works  The third – party modelling to demonstrate servicing capacity was satisfactory, and a more detailed review will be completed during the site plan application stage. No objections or concerns. Transportation Services  A 0.81m road widening, to be dedicated to the City as a public road allowance will be required along the extent of the Dunn Street frontage to achieve its planned 26m right-of-way. The dedication of the road widening will be a condition of site plan or condominium approval.  A traffic brief will be required to evaluate if the proposed left turn needs to be lengthened, or any other measures to be considered. This will be a condition of their site plan or condominium application.  A stop sign is recommended at the exit onto Dunn Street. A walkway is noted on- site next to all blocks with connectivity to Dunn Street which Staff supports.  The applicant is proposing a reduction to the parking standard to 1.10 parking spaces for each dwelling unit which can be supported because there are 4 different Niagara Region transit routes with bus stops on Dunn Street near the proposal. The proposal is within walking and biking distance to the Fallsview tourist area and commercial plaza. Also, the City is in the process of reviewing different parking requirements with a report being presented to Council upon completion. The developer will be required to provide alternate transportation modes – internal walkways (shown), bike racks or secured bike parking which can be reviewed as part of the site plan application. Landscape Services  An Arborist Report has been submitted. The recommendations of the plan shall be implemented at the Site Plan application stage.  A Landscape Plan is required as part of the Site Plan application stage and must conform to the City’s Standards for Site Planning. Neighbourhood Comments The neighbourhood open house meeting was held on February 21, 2024, attended by the owner and applicant’s representative. No public attendance at the meeting and no emails were received. Analysis 1. Provincial Policies Page 3 of 12 Page 85 of 484 The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows:  The proposed development satisfies matters of Provincial interest as outlined in Section 2 of the Planning Act;  The proposed stacked townhomes are appropriate as it will facilitate the development of additional housing units that are compatible with the surrounding environment and will make efficient use of urban serviced land; and,  The proposal will provide additional housing options in the City. 2. Regional Official Plan The subject land is designated as Urban Area (Built-up Area) in the Regional Official Plan. Regional Policies direct growth to settlement areas where existing servicing exists, and a range of housing choices and transportation options can be provided. The proposed development is within the urban area and contributes to the minimum intensification target of 50% for all residential units occurring annually within the City of Niagara Falls. 3. City’s Official Plan The Official Plan designates the subject lands as Residential and located on the Dunn Street Intensification node. The proposal complies with the intent of the Official Plan as follows:  The proposed development will redevelop an underutilized lot that is currently located within the Built-Up Area. The proposed development is located on the Dunn Street (arterial road) intensification corridor and is amongst existing development located along an arterial road, and complies with the permitted maximum 100 units/per hectare;  The surrounding neighbourhood is composed of a mix of uses, lot sizes and dwelling formats. The neighbourhood context includes other condominium townhouse developments that are not dissimilar to the proposed stacked townhouse development. As such, the proposed development would not be out of character in the existing neighbourhood;  The proposed stacked townhouse development represents a compact and efficient use of land, intensifying the residential density on an under-utilized site that is located on a designated Intensification Corridor;  The proposal provides a modern built form design with appropriate landscape buffers and a communal amenity space for interaction among the residences with the standard stack townhouse layout;  The site is supported by full urban services, existing public roadway frontage and utilities. The site is close to employment (Tourist District) commercial uses on Stanley Avenue and Drummond Road with multiple bus stops on Dunn Street, Page 4 of 12 Page 86 of 484 and proximity (within 2 kilometers) to several primary and secondary schools under the Niagara District School Board and the Niagara Catholic District; and  The proposed development may have a mix of purpose-built rental units and condominium units for purchase. The final configuration of this management/ownership structure has not been decided at this time. However, it is anticipated that initial sales prices will be between $400,000 and $500,000 per unit with initial rents around $2,000 per month. These values are in the affordable price range in accordance with the overall unit price of $539,000 and monthly rent of $2,400.00 in 2022 for the City of Niagara Falls. The proposal development should be reviewed as part of site plan control to ascertain whether or not a future access with the adjacent property to the west is warranted for efficient use of land and to improve access efficiency to Dunn Street. Sunset Clause The timely and orderly provision of housing is a key priority for the provincial government as well as for the City of Niagara Falls. Ensuring that housing is delivered in line with the existing and planned services required to support it requires that services which can support housing are not held up in developments that do not proceed in a timely manner. To ensure that cost of housing does not increase because of services that may available but are unused, it is important for the City of Niagara Falls to take action to make sure those developers committed to build over the next 3 years are considered as part of the City’s servicing plans. These projects help in advance many of key objectives of the Province and City of delivering timely housing in a cost-effective manner. The proposed sunset clause is contemplated by staff under Section 34 (16.1) and (16.2) of the Planning Act as well as through Part 4, Section 4.6.1 and 4.6.2 of the City’s Official Plan. 4. Zoning By-law The applicant has requested a site specific R5C zone for the stack townhouses and to recognize the departures of the R5C zone regulations on the subject property. The departures requested from the standard R5C regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION STAFF RECOMMENDATION (Details to follow) Minimum front yard depth 7.5 metres + 13 m from the centreline of Dunn Street 3.32 m for Building A and 3.60 m for Building B + 13 m from the centreline of Dunn Street support Page 5 of 12 Page 87 of 484 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION STAFF RECOMMENDATION (Details to follow) Minimum rear yard depth 10 m 3.0 m for Building D support Minimum interior side yard width 5.81 m 4.04 m for Building A and 4.34 m for Buildings B, C and D support Minimum parking standard 1.4 parking spaces for each dwelling unit 1.1 parking spaces for each dwelling unit support Minimum maneuvering aisle 6.3 m 6.0 m support Minimum landscape/open space 40 % of the lot area 35.2 % of the lot area support The requested zoning is appropriate as follows:  The reduction of the minimum front yard depth can be supported for stacked townhouses which provide a more urban and pedestrian friendly streetscape with reduced setback allowing for opportunities for engagement with the street;  The reduction of the minimum rear yard depth can be supported as the abutting parking lot is not impacted by the reduction and the dwelling is screened from the parking lot by a large acoustic fence;  The reduction of the west interior side yard can be supported for Buildings B, C and D because the adjacent property is being used as a commercial parking lot which has a large wall, provides adequate amenity area, and sufficient to accommodate landscape treatments;  The reduction of the east interior side yard provides for adequate separation to the side yard of the adjacent existing apartment building and is sufficient to accommodate landscape treatments;  The reduction of the maneuvering aisle is minor and still complies with the fire route requirement of 6 metres;  The reduction of the parking standard can be support because there are 4 different transit routes located on Dunn Street with the bus stops in walking distance to the proposal. Also, the proposal is in walking and biking distance to the Fallsview tourist area and the developer will be required to provide on site bike racks or secured bike parking through site plan control.  The proposed design allows for a central amenity area located adjacent to Building D which compensates for the reduction of the landscape open space. The interior courtyard will serve as a natural gathering space for residents and promote community activities and contribute to a healthy living environment. Page 6 of 12 Page 88 of 484 Furthermore, the landscape strips and amenity areas adjacent to the front, rear and side yards provide for adequate landscape treatments. Operational Implications and Risk Analysis No operational implications. Financial Implications/Budget Impact The proposal will generate development charge contributions and provide property tax revenue for the City. Strategic/Departmental Alignment This proposal supports the Diverse Housing Strategic Priority by providing housing to meet the needs of people of all ages, incomes and abilities. List of Attachments Schedule 1 Schedule 2 Draft By-law Written by: Nick DeBenedetti, Planner 2 Submitted by: Status: Andrew Bryce, Director of Planning Approved - 24 Apr 2024 Kira Dolch, General Manager, Planning, Building & Development, Acting CAO Approved - 24 Apr 2024 Page 7 of 12 Page 89 of 484 SCHEDULE 1 LOCATION MAP Page 8 of 12 Page 90 of 484 SCHEDULE 2 SITE PLAN Page 9 of 12 Page 91 of 484 Page 10 of 12Page 92 of 484 Page 11 of 12Page 93 of 484 Page 12 of 12Page 94 of 484 Address: 5858, 5866, 5882 Dunn Street Applicant: Residence at Niagara Inc. (Rohit Parmar) Agent: Raj Patel Proposal: To request a site-specific Residential Apartment (R5C) zone to permit 72 stacked townhouse dwelling units within 4 blocks Zoning By-law Amendment Application AM-2023-031 Page 95 of 484 A GREAT CITY…FOR GENERATIONS TO COME Location Page 96 of 484 A GREAT CITY…FOR GENERATIONS TO COME Background •Official Plan: Land is designated Residential in the Official Plan. The proposal will comply with the maximum density of 100 units per hectare. •Zoning: The subject lands are currently zoned Development Holding (DH) in part and Residential Low Density, Grouped Multiple Dwellings (R4) in part, in accordance with Zoning By- law No. 79-200, as 79-200 as amended. Page 97 of 484 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Reduce the minimum maneuvering aisle for parking stall from 6.3 m to 6 m. Reduce front yard depth 7.5 m to 3.32 m. Reduce rear yard depth 10 m to 3 m. Reduce the interior side yard width from 5.81 m to 4.04 m. Reduce minimum landscape/open space lot coverage from 40 % to 35.2 %. Reduce parking standard from 1.4 parking spaces per unit to 1.1 parking spaces per unit. Page 98 of 484 Open House – February 21 A GREAT CITY…FOR GENERATIONS TO COME •An open house meeting was held on February 1, 2024. There were no comments received and no public attendance. Page 99 of 484 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposed development will provide housing options within the City of Niagara Falls located in the Built-Up Area while utilizing existing municipal infrastructure. •The proposed development may have a mix of rental units and condominium units for purchase. The anticipated initial sales prices will be between $400,000 and $500,000 per unit with initial rents around $2,000 per month complying with the City’s affordable price range. •That a future internal access connection with the adjacent property to the west be reviewed by the General Manager of Planning, Building & Development as part of the site plan control. •The amending zoning by-law include sunset clause requiring execution of a site plan agreement within 3 years of passing of the zoning by-law. Page 100 of 484 A GREAT CITY…FOR GENERATIONS TO COME •That Council approve Zoning By-law amendment as recommended in report PBD-2024-16 RecommendationRecommendation Page 101 of 484 PROPOSED RESIDENTIAL STACKED TOWNHOUSES ROHIT PARMER 5858, 5866, 5882 DUNN STREET Planning With A VisionPage 102 of 484 AERIAL PHOTO February 21, 2024 Rohit Parmer – 5858 – 5882 Dunn Street 2Page 103 of 484 CONCEPTUAL SITE PLAN February 21, 2024 Rohit Parmer – 5858 – 5882 Dunn Street 3 LOT AREA 0.73 HECTARES (1.8 AC) CUMULATIVE BUILDING FOOTPRINT 1,813 m² BUILDING GFA 5,783 m² 72 STACKED RESIDENTIAL TOWNHOUSES PARKING AND COMMUNAL AMENITY SPACEPage 104 of 484 CONCEPTUAL BUILDING ELEVATIONS February 21, 2024 Rohit Parmer – 5858 – 5882 Dunn Street 4Page 105 of 484 OFFICIAL PLAN February 21, 2024 Rohit Parmer – 5858 – 5882 Dunn Street 5 ●Designated as Residential ●Permitted Uses include all forms of Residential ●Dunn Street is an Arterial Road ●Density of 98.6 units per hectare ●Conforms with Official Plan policies Page 106 of 484 ZONING BY-LAW February 21, 2024 Rohit Parmer – 5858 – 5882 Dunn Street 6 Currently Zoned Residential Low Density, Group Multiple (R4) and Development Holding (DH) ●Does not Permit Stacked Townhouses Proposed Zoning – Residential Apartment (R5C) Site Specific Zone Performance Standards are Requested Performance Standard R5C Required Proposed (Site Specific) Minimum Lot Area 100 m2 per unit 99 m2 per unit Minimum Front Yard Depth 7.5 m 3.47 m Minimum Rear Yard Depth 10 m or Half of the Building Height 3.0 m Minimum Interior Side Yard Half of the Building Height 4.0 m Number of Apartment Dwellings on one Lot 1 4 Minimum Parking Required 1.4 spaces per dwelling unit 1.1 spaces per dwelling unit Perpendicular Width of Manoeuvring Aisle 6.9 m 6.0 m Permitted Projections into any Yard Varies depending on feature 0.6 m for a projection containing building servicesPage 107 of 484 CONCLUSION February 21, 2024 Rohit Parmer – 5858 – 5882 Dunn Street 7 Provides infill intensification on a vacant and underutilized site. Previous single detached dwellings on oversized lots were an inefficient use of land. Will implement the Planned Vision of the Niagara Falls Official Plan Arterial Roads are appropriate locations for additional density Page 108 of 484 THANK YOU Planning With A Vision Page 109 of 484 PBD-2024-015 Report Report to: Mayor and Council Date: April 30, 2024 Title: AM-2023-030, Zoning By-law Amendment Application 26CD-11-2023-009, Plan of Vacant Land Condiminium 3958 Cardinal Drive Applicant: 12604515 Canada Corporation (Mohanned Sawan) Agent: Joe Lakatos (AJ Lakatos Planning Consultant) Recommendation(s) 1. That Council approve the Zoning By-law amendment to rezone the property to a site-specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, to allow for the development of 33 townhouse dwelling units within 5 blocks, 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. Executive Summary 12904515 Canada Corporation has applied for a Zoning By-law amendment to permit the development of 33 townhouse dwelling units in 5 blocks. The amendment is recommended for the following reasons:  The proposed development conforms to Provincial, Regional, and City policies as it will contribute to the minimum intensification rate of 50% of all residential units constructed in the City and will contribute to the diversification of housing supply within the urban area. Page 1 of 24 Page 110 of 484  The requested and recommended regulations are appropriate to regulate the proposed use and ensure the proposed development will be compatible with the surrounding properties as the proposal provides for adequate setbacks, is located on a corner lot and to the east side of the proposal there are 2 apartment buildings.  A noise study was completed by HGC Engineering Ltd which stated future traffic sound levels will exceed Ministry of the Environment, Conservation and Parks levels. Mitigation measures are recommended and have been included as conditions of the vacant land condominium.  Residents in the area had concerns at the open house meeting related to increased traffic, garbage collection, snow storage removal, light standards on the internal sidewalks, meeting AODA standards, the large tree removed in the location of the driveway access, location of the buildings, location of schools, parks, and commercial plazas. City staff, Niagara Region, and the developer have responded addressing their concerns in this report with conditions to be placed in the vacant land condominium. Background Proposal 12604515 Canada Corporation has requested a Zoning By-law amendment for a parcel of land totalling approximately 0.77 ha (1.90 ac) as shown on Schedule 1. Schedule 2 shows details of the proposed development. The subject property is currently zoned Residential Low Density Grouped Multiple Dwellings (R4-815), in accordance with Zoning By-law No. 79-200, as amended by site specific By-law 2020-050, to allow for a retirement home. The applicant is proposing to rezone the subject lands to a site specific Residential Low Density, Group Multiple Dwellings (R4) zone, to facilitate the proposed development. By-law No. 2020-050 will be repealed. 12604515 Canada Corporation is proposing to develop the lands as a Plan of Vacant Land Condominium. The condominium will divide the subject lands into 33 units of lands to be sold individually. The private road and visitor parking area will be held in common ownership. Schedule 3 shows the proposed unit layout with a common private road, and visitor parking areas. Site Conditions and Surrounding Land Uses The subject lands are located on a corner lot on the north side of Thorold Stone Road and the east side of Carinal Drive. The subject land is bounded by Thorold Stone Road to the south, detached dwellings to the north, Cardinal Drive to west, and 2 apartment buildings to the east. Page 2 of 24 Page 111 of 484 Circulation Comments Information about the requested Zoning By-law amendment was circulated to City divisions, agencies, and the public for comments. The following summarizes the comments received to date. Niagara Region  The Niagara Region supports the application.  The Niagara Region supports the recommended noise warning clauses contained in the Environmental Noise Impact Study, prepared by HGC Engineering Ltd. (dated July 26, 2023). The implementation of these mitigation measures can be addressed through the draft plan application;  A stage 1-2 Archaeological Assessment prepared by Amick Consultants Limited (dated January 26, 2015). The licensed archaeologist recommended no further archaeological assessment of the study area. An acknowledgement letter from the Ministry (dated July 13, 2015) has been provided, which notes that the Ministry is satisfied with the fieldwork and reporting. The Niagara Region staff recommend the inclusion of a standard archaeological warning clauses through the draft plan agreement;  An updated Landscape Plan which includes street trees within the Regional right- of-way be submitted as part of the condition of the draft plan agreement;  A road widening of approximately 3.00 m and additional daylight triangle area is required to meet the Niagara Official Plan policy requirement. A registered plan was completed October 3, 2016 (59R-15669), therefore, the part shown as Part 1 will need to be transferred to the Region to address the required widenings as part of the draft plan agreement;  The Niagara Regional Transportation Engineering staff have reviewed the engineering drawings provided. Any engineering comments and future required drawings can be conditions of the draft plan agreement;  The Niagara Region will require written acknowledgement and undertakings, as well as a clause in the condominium agreement acknowledging that servicing allocation for the development will not be assigned until the plan is registered; and,  Future site plan submissions are to show Regional truck templates entering the site from both directions and maneuvering on site without backing up more than 15 m if the proposal is to be serviced by Regional waste disposal collection. Enbridge, Canada Post and Bell Canada  No objections. Conditions are required to be satisfied as part of the vacant land of condominium. Building Services, Fire Services, Transportation Services, Legal Services and Municipal Works Page 3 of 24 Page 112 of 484  No objection. Conditions are required to be satisfied as part of the vacant land of condominium. GIS Services  No objections. The address of 3958 Cardinal Drive reflects the proposed primary access. before accepted and provided to be will plan unit Verified need registration of the condominium. Landscape Architect  No objections subject to the following conditions:  Parkland dedication shall be provided as a Cash-in-lieu payment at the current prescribed rate of 5% for residential uses.  An updated Arborist Report and Tree Preservation Plan shall be submitted for review.  A Landscape Plan shall be submitted that is prepared and stamped by licensed Ontario Landscape Architect, conforms to the City’s Standards for Site Planning for review. Neighbourhood Comments: The neighbourhood open house meeting was held on March 28, 2024. There were public attendees with emails and letters with comments for this proposal. A couple that lives on Foxe Drive attended and provided a letter which had concerns about the location of Block C in relation to their rear property. They indicated they don’t want any privacy trees because it will block their back yard and garden from sunlight. Also, they wanted the Block C shifted further away and the side windows removed.  The applicant responded to the resident of Foxe Drive comments regarding sun access and privacy to their property. The developer’s architectural designer conducted a sun/shadow analysis and determined that the proposed 5.22 m rear yard setback and 12.2 m building height does not present any adverse impact to their property (i.e. rear yard). Regardless, the applicant proposes to increase the rear yard setback from 5.22 m to 6.2 m and provide no windows on the facing the neighbour. Thus, potential overviewing to the rear yard of Foxe Drive is not possible and privacy to their yard is achieved. The residence do not want any privacy trees as they feel it would block their backyard for receiving sunlight. Sunlight will still be provided to the rear yard of the residence based on the analysis. However, the applicant will not provide any privacy trees along the fence line. Page 4 of 24 Page 113 of 484 Other attendees and letters submitted had concerns about increased traffic, the road widening requirement on Thorold Stone Road, garbage collection, snow storage removal, light standards on the internal sidewalks meeting AODA standards, the large tree removed in the location of the driveway access, location of the buildings, and location of schools, parks, and commercial plazas in relation to the development. Traffic Concerns: The City’s Transportation and Niagara Region responded regarding traffic concerns:  A 33-unit townhouse development is expected to generate less than 20 new trips in the peak hours. Access to the proposed development is on a City collector road. Minor residential collector roads are expected to carry up to 3,000 cars per day. Cardinal Drive carries approximately 1,500 cars per day near Thorold Stone Road, with bidirectional peak hour volumes below 150 vehicles. The total estimated traffic on Cardinal Drive if the townhouse development is built would still be well below the threshold for this classification of road. Given the foregoing, Transportation Staff does not expect a reduced level of service on Cardinal Drive with this proposed development. Driveway Location/Large Tree:  The Region will not allow a driveway onto Thorold Stone Road given that its location would be too close to the intersection. The one proposed access to the site via Cardinal Drive is acceptable and ideally located. Current design guidelines are for a private access on a collector road to be a minimum 55m from a signalized intersection. The proposed site access is at the north end of the site and satisfies this spacing requirement. Drivers that will be exiting the site will have adequate sight lines in each direction to safely carry out their turn due to the relatively straight alignment of Cardinal Drive.  The large tree will have to be removed to accommodate the driveway that meets the minimum distance from the intersection for safety reasons. Also, this driveway location is the similar location that was approved for the previous rezoning application for the retirement home. Additional tree plantings will be planted to compensate for the loss of this tree and will be reviewed as part of the landscape plan as a condition of the vacant land condominium. Road Widening:  The intersection has been reviewed internally by the Niagara Region and it was determined that the overall service level of the intersection would improve if the road widening was provided and the right-hand turn lane was implemented. This project has been on the Regional list for quite sometime but the Regional transportation staff have been waiting for the transfer of the land to avoid Page 5 of 24 Page 114 of 484 additional costs to the project. Regional staff have been contacting the owner to expedite the transfer to allow this project to proceed. Garbage Collection/Snow Storage/Light Standard:  The applicant has indicated that the garbage collection will be private collection. There are snow storage areas located on the site plan. Snow will be removed during heavy snow events by a private contractor. The applicant did confirm at the open house meeting the location of the light standards exceed the requirements of the AODA standards. Built Form and the Location of the Blocks: The applicant responded that:  The minimum lot area reduction is proposed to maximize the serviceable urban lands. The reduction will not prevent the provision of suitably sized family dwellings, ample landscaped area, and sufficient parking. The side yard reductions are minor, allowing for safe access through to the rear yard. Sufficient vegetation and/or fencing will be installed to ensure that the reduced setback does not impact the privacy and enjoyment of abutting rear yards.  The increased maximum building height has no anticipated shadow impacts or issues regarding overlook and privacy of abutting properties. The additional height will provide more design flexibility to incorporate pitched roofs that will align more closely to the character of surrounding developments than flat roofs. It will also allow for three-storey dwellings with no basements, resulting in fewer construction impacts to the surrounding area. The proposal is much lower than the maximum 19 metres in height permitted for the retirement home. City's staff responded that:  The closest location of a school is a Catholic elementary school which is 400 metres away from this proposal. The public elementary and secondary schools would need to be bused. The school boards are circulated all proposals, and they monitor future needs for location of schools based on this proposal and future proposals. Parks are proximity of 300 to 500 metres away from this proposal. A commercial node is located at the corner of Thorold Stone Road and Kalar Road which is approximately 425 metres providing a wide range of services and a retail store with gas station is approximately 400 metres away from this proposal. The discussed locations are approximately a 10-15 minute walk by foot which is an acceptable distance.  City Staff analyzed the residents comments in the analysis section of this report and any necessary conditions have been placed in the vacant land of condominium conditions. Page 6 of 24 Page 115 of 484 Analysis 1. Provincial Policies The Planning Act requires City planning decisions to be consistent with the Provincial Policy Statement and conform to the Provincial “A Place to Grow” Plan. The proposed development is consistent and conforms as follows:  The proposed development satisfies matters of provincial interest as outlined in Section 2 of the Planning Act;  The proposed townhouse dwellings are appropriate as they will facilitate the development of additional housing units that are compatible with the surrounding environment and will make efficient use of urban serviced land; and,  The proposal will provide additional housing options in the City. 2. Regional Official Plan The subject land is designated as Urban Area (Built-up Area) in the Regional Official Plan. Regional Policies direct growth to settlement areas where existing servicing exists, and a range of housing choices and transportation options can be provided. The proposed development is within the urban area and contributes to the minimum intensification target of 50% for all residential units occurring annually within the City of Niagara Falls. 3. City's Official Plan The Official Plan designates the subject land as Residential. The proposal complies with the intent of the Official Plan as follows:  The proposed development is located within the Built-Up Area amongst existing development located along on an arterial road. The development complies with the permitted maximum 40 units/per hectare;  The proposed housing type will provide a variation in choice to the local market, and assist in achieving the minimum 40% residential development annually in the Built-Up area with the increase in density on the subject lands;  The proposed development site is supported by full urban services, existing public roadway frontage and utilities. The site is situated adjacent to a transit route and is proximate to commercial uses and parkland;  The subject lands are appropriately located for higher density residential being within walking distance (approximately 500 m) from a commercial plaza which contain retail stores, restaurants, and personal service shops. Mount Carmel Park and Shriner’s Creek Woodlot Park are approximately 300 m and 500 m respectively. Thorold Stone Road is on a bus route and on the Niagara Region’s Page 7 of 24 Page 116 of 484 Strategic Cycling Network. The closest catholic elementary school is approximately 400 m in distance. The public elementary school is 2.3 km away, with the catholic secondary school being 1.7 km and public secondary school being 2.4 km away.  The proposed development will contribute to the achievement of a transit supportive and pedestrian friendly community. The development of the land at a higher density is an efficient use of urban land;  The proposed townhouse dwellings allow for a traditional arrangement of built form with appropriate housing design, drive aisles, outdoor amenity area and building setbacks;  The estimated unit costs will be higher than $539,000 due to the nature of the project being a condominium with all its own infrastructure for three-bedroom units with no basement ranging in size from 1600 sq. ft. to 1925 sq. ft. The estimated cost for these large units with an average household size of 4 persons per unit will be $750,000. There may be opportunities to provide some variation in the pricing, but again it comes down to material, labour, and infrastructure costs when the project moves forward. The proposed units will not be an affordable price in accordance with the overall unit price of $539,000 in 2022 for the City of Niagara Falls. The proposal will have to cater to a household income of greater than $139,100 (high income) based on table 3.5 of the City's Housing Strategy. The average household size has been slowly decreasing with one and two person households accounting for more than half (63.1%) of all households in 2021. Even though, the overall affordable unit target of 40% across the City will not be achieved by this proposal other approvals across the City will compensate for this departure. 4. Zoning By-law The applicant has requested a site specific R4 zone, in part, to allow for the townhouse dwellings use and to recognize the departures of the R4 zone regulations on the subject property. The departures requested from the standard R4 regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION STAFF RECOMMENDATION (Details to follow) Minimum lot area 250 sq. m. for each dwelling unit 233.72 sq. m. for each dwelling unit support Minimum front yard depth 6 m plus 13.1 m from the original centerline of Thorold Stone Road 3.04 m plus 13.1 m from the original centerline of Thorold Stone Road support Page 8 of 24 Page 117 of 484 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION STAFF RECOMMENDATION (Details to follow) Minimum rear yard depth 7.5 metres 6.2 m for Block C support Minimum privacy yard depth 7.5 metres 6.01 metres for unit 24 support Maximum height of a building or structure 10 metres 12.05 metres support The requested zoning is appropriate as follows:  The reduction for the requirement of the lot area is minor which allows to maximize the serviceable urban lands. The reduction will not prevent the provision of suitably sized family dwellings, ample landscaped area, and sufficient parking;  The reduction of the front yard depth is for the side of the Block A and D. There is still sufficient landscape buffer which allows for an urban pedestrian friendly streetscape;  The proposed rear yard setback will be increased from 5.22 m minimum originally proposed to 6.2 m. This additional buffer will allow for more landscape treatments and provide additional setback form the neighbour to the north;  The reduction for the minimum privacy yard is only for unit 24 adjacent to the daylight triangle where the daylight triangle is required on the one side of the rear lands of this unit;  The increase in height for the building provides flexibility for a pitched roof, which is typical in this area and complimentary to the proposed architectural design. The will not have any shadowing impacts on adjacent lands to the north. 5. Condominium Design and Conditions of Approval The proposed condominium will accommodate the individual division of the subject land into 33 townhouse dwelling units in 5 blocks, provide private roads off Cardinal Drive and common visitor parking. In considering a proposed plan of condominium, Council shall have regard to the planning matters listed under Section 51(24) of the Planning Act. The proposed development complies as follows:  The proposed development complies with matters of Provincial interest, listed under Section 2 of the Planning Act, and is not premature as servicing is available but not allocated and it is located within the Built-up Area;  The proposal conforms with the City’s Official Plan which integrates with adjacent Residential lands. The land’s configuration is suitable for development which provides adequate access from Cardinal Drive; Page 9 of 24 Page 118 of 484  The proposed development is not premature as the subject lands are designated for residential development and have access to municipal services and infrastructure. The applications are in the public interest as they will facilitate the provision of much-needed housing in an appropriate location;  The developer will convey a road widening and daylight triangle for public purposes;  The proposed development can be adequately serviced by municipal services and residents can walk 10 minutes to existing commercial uses, and parks and a bus stop located on Thorold Stone Road. The subject lands are within 400 metres of a catholic elementary school, 2.3 km away from of a public elementary school, 1.7 km away to a catholic secondary school and 2.4 km away to a public secondary school. There were no concerns or comments from the different school boards; and  The site plan matters such as landscaping, servicing, and lighting are addressed through draft plan of conditions that will be cleared prior to the execution of the condominium agreement that will be registered on title. Works will be secured through the provision of security that will be held until satisfactorily completed and certified. A comprehensive set of conditions, addressing City, Regional, and agency concerns, are listed in Appendix A and includes the following:  Extension of services at the developer’s cost;  Cash in lieu of parkland dedication; and,  All other matters typically covered under the vacant land of condominium process(i.e. execution of a condominium agreement, provision of utilities and mail service, engineering works, landscaping including wood screening fencing and trees to buffer neighbours, and necessary fees and securities). Operational Implications and Risk Analysis No operational implications and risk analysis. Financial Implications/Budget Impact The proposal will generate development charge contributions and provide property tax revenue for the City. Strategic/Departmental Alignment The proposal promotes sustainable growth located in an appropriate location, design and setbacks close to parks, commercial uses and bus stops. List of Attachments Schedule 1 - Location Map Schedule 2 - Site Plan Schedule 3 - Draft Plan Appendix A - Conditions of Draft Plan Approval Page 10 of 24 Page 119 of 484 Draft By-law and Schedule Written by: Nick DeBenedetti, Planner 2 Submitted by: Status: Kira Dolch, General Manager, Planning, Building & Development, Acting CAO Approved - 25 Apr 2024 Page 11 of 24 Page 120 of 484 SCHEDULE 1 LOCATION MAP Page 12 of 24 Page 121 of 484 SCHEDULE 2 SITE PLAN Page 13 of 24 Page 122 of 484 SCHEDULE 3 DRAFT PLAN Page 14 of 24 Page 123 of 484 APPENDIX A Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by J.B. Barnes, November 1, 2023, showing 33 units of vacant land for dwelling units as well as a common private road, amenity and parking areas. 2. The developer submit to the City’s Senior Zoning Administrator all necessary drawings and information, including, but not limited to site elevation and landscaping drawings, to confirm zoning compliance. 3. The developer provide a digital copy of the pre-registration plan to Planning, Building & Development and a letter stating how all the conditions imposed have been or are to be fulfilled. 4. The developer enter into a Vacant Land Condominium Agreement with the City, to be registered on title, to satisfy all requirements, financial and otherwise, related to the development of the land. Note: Should any other body wish to have its conditions included in the Vacant Land Condominium Agreement, they may be required to become party to the Vacant Land Condominium Agreement for the purpose of enforcing such conditions. 5. The developer submit a Solicitor’s Certificate of Ownership for the land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. 6. That the developer registers on title to place no windows on the north side of the building facing the adjacent neighbours property located at 7920 Foxe Drive and do not place any privacy trees that will block their back yard and garden from sunlight. 7. The developer shall provide as a Cash-in-lieu payment for parkland dedication at the current prescribed rate of 5% for residential uses as determined by a qualified appraiser. 8. The developer submits an updated Tree Inventory and Preservation Plan Report that satisfactorily addresses the Landscape Architecture comments dated January 28, 2024. 9. The developer provides a Landscape Plan that meets the requirements of the City of Niagara Falls Site Plan Guidelines and satisfactorily addresses the Landscape Architecture comments dated January 28, 2024. 10. The Developer provide to the City all necessary design reports and plans for review and acceptance prior to start of construction. 11. The Developer show the roadways within the proposed development be designed and constructed in accordance with City Engineering Design Guidelines. 12. That all underground services and stormwater management facilities within the proposed development be designed and constructed in accordance with Ministry of the Environment, Conservation, and Parks requirements, City Engineering Design Guidelines. 13. The Developer submit a Functional Servicing Report, signed by a professional engineer licensed to practice in the province of Ontario, demonstrating that the existing and proposed watermains and sanitary sewers are sufficient to service the proposed development. Page 15 of 24 Page 124 of 484 2 14. The Developer submit a Stormwater Management Report, signed by a professional engineer licensed to practice in the province of Ontario, demonstrating that the proposed storm sewers and stormwater management facilities are sufficient to service the proposed development. 15. The Developer provide a lot grading within the proposed development be designed and constructed in accordance with the City’s Lot Grading & Drainage Policy, as amended, and City Engineering Design Guidelines. 16. Lighting within the proposed development will not be Municipally owned nor maintained. As such, the lighting service should be independently powered and metered. Illumination should be designed to the minimum RP-8 2014 standard and allow for safe vehicular and pedestrian movement toward City road allowances without adversely impacting neighbouring properties 17. That the lighting within the proposed development be designed by a professional engineer licensed to practice in the province of Ontario and that lighting be independently powered and metered. 18. The Developer pay the Administration Fee in accordance with the latest version of the City’s Schedule of Fees. 19. The Developer pay the applicable development charges in place at the time of agreement execution and Building Permit issuance in accordance with the latest version of the City’s Development Charges By-law. 20. The Developer’s engineering consultant provide written certification that the works completed conform with the City’s accepted drawings and are in accordance with Niagara Peninsula Standard Contract Document and City construction specifications. 21. That the applicant dedicates the 1.44m road widening on Cardinal Drive, described as Part 1 of plan 59R-17860, to the municipality, free and clear of liens and encumbrances. 22. That the existing 0.3m reserve, identified as Blocks 69 & 70 of plan 59M-138, be dedicated as a public road, to form part of Cardinal Drive. 23. The developer is to submit drawings to the Fire Prevention Office that indicate the location and servicing of all proposed fire hydrants. 24. The shared/combined fire protection and life safety systems (fire route and hydrants) will be considered ‘common element’ and will be the responsibility of the condominium corporation to maintain in accordance with the requirements of the Ontario Fire Code. 25. The developer shows on the site plan the location of all required ‘No Parking’ signs in accordance with City of Niagara Falls By-law No. 2019-97. 26. The fire route will be required to be designated under municipal by-law for enforcement. There is a $150.00 fee for this process and can be initiated at the Fire Prevention Office once the property is assigned a municipal address. There is to be ‘No Parking’ along the fire route. Page 16 of 24 Page 125 of 484 3 27. The developer is responsible for the cost of the signage as well as the installation of signage that complies with the fire access route by-law at the expense and responsibility of the developer/owner. 28. The developer shall provide site servicing drawings showing the locations of any proposed and/or existing fire hydrants (private/public). 29. The shared/combined fire protection and life safety systems (fire hydrants and access route) will be considered ‘common element’ and will be the responsibility of the condominium corporation to maintain in accordance with the requirements of the Ontario Fire Code. 30. The Owner acknowledges and agrees to convey any easement(s) as deemed necessary by Bell Canada to service this new development. The Owner further agrees and acknowledges to convey such easements at no cost to Bell Canada. 31. The Owner agrees that should any conflict arise with existing Bell Canada facilities where a current and valid easement exists within the subject area, the Owner shall be responsible for the relocation of any such facilities or easements at their own cost. 32. The Owner is to contact Bell Canada at planninganddevelopment@bell.ca during the detailed utility design stage to confirm the provision of communication/telecommunication infrastructure needed to service the development. Note: It is the responsibility of the Owner to provide entrance/service ducts from Bell Canada’s existing network infrastructure to service this development. In the event that no such network infrastructure exists, in accordance with the Bell Canada Act, the Owner may be required to pay for the extension of such network infrastructure. If the Owner elects not to pay for the above noted connection, Bell Canada may decide not to provide service to this development. 33. The applicant shall contact Enbridge Gas to determine gas availability, service and meter installation details and to ensure all gas piping is installed prior to the commencement of site landscaping (including, but not limited to: tree planting, silva cells, and/or soil trenches) and/or asphalt paving. 34. If the gas main needs to be relocated as a result of changes in the alignment or grade of the future road allowances or for temporary gas pipe installations pertaining to phased construction, all costs are the responsibility of the applicant. 35. In the event that easement(s) are required to service this development, and any future adjacent developments, the applicant will provide the easement(s) to Enbridge Gas Inc. at no cost. 36. The owner shall complete to the satisfaction of Canada Post: a) Include on all offers of purchase and sale, a statement that advises the prospective purchaser: i) that the home/business mail delivery will be from a designated Centralized Mail Box. ii) that the developers/owners be responsible for officially notifying the purchasers of the exact Centralized Mail Box locations prior to the closing of any home sales. Page 17 of 24 Page 126 of 484 4 b) The owner further agrees to: i) work with Canada Post to determine and provide temporary suitable Centralized Mail Box locations which may be utilized by Canada Post until the curbs, boulevards and sidewalks are in place in the remainder of the subdivision. ii) install a concrete pad in accordance with the requirements of and in locations to be approved by Canada Post to facilitate the placement of Community Mail Boxes. iii) identify the pads above on the engineering servicing drawings. Said pads are to be poured at the time of the sidewalk and/or curb installation within each phase of the plan of subdivision. iv) determine the location of all centralized mail receiving facilities in co- operation with Canada Post and to indicate the location of the centralized mail facilities on appropriate maps, information boards and plans. Maps are also to be prominently displayed in the sales office(s) showing specific Centralized Mail Facility locations. 37. That the condominium agreement contain a clause requiring the owner to implement the recommendations of the Noise Impact Study, prepared by HGC Engineering Ltd. (dated July 26, 2023), including installation of noise barriers, central air conditioning, provision for adding air conditioning, and inclusion of warning clauses in all development agreements and Offers and Agreements of Purchase, Sale, Rent or Lease. 38. That the owner submits a Grading Plan, stamped by a qualified acoustical consultant, illustrating the required 2.0 m noise barrier, as illustrated in Figure 3 of the Noise Impact Study, prepared by HGC Engineering Ltd. (dated July 26, 2023). 39. That the owner submits verification from a qualified acoustical consultant that the noise control measures have been properly incorporated into architectural mechanical drawings and specifications for the proposed dwellings, or that a similar clause be included in the condominium agreement. 40. That the condominium agreement includes a clause requiring verification from a qualified acoustical consultant that the noise control measures have been properly installed during construction, prior to assumption. 41. That the owner agrees to include the following warning clauses in all Agreements of Purchase and Sale or Lease or Occupancy for the relevant units, as outlined in the Noise Impact Study, prepared by HGC Engineering Ltd. (dated July 26, 2023) and that they also be included in the condominium agreement: Units 1 and 24: Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the City and Ministry of Environment, Conservation and Parks’ noise criteria. Purchasers/tenants are advised that despite the inclusion of noise control features in the development and within the building units, sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the City’s and the Ministry of the Environment, Conservation and Page 18 of 24 Page 127 of 484 5 Parks’ noise criteria. The acoustical barrier as installed shall be maintained, repaired, or replaced by the owner. Any maintenance, repair or replacement shall be with the same material, to the same standards and have the same colour and appearance to the original. This dwelling unit has been supplied with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the sound level limits of the City and Ministry of the Environment, Conservation, and Parks. Units 2-8 and 25-33: Purchasers/tenants are advised that sound levels due to increasing road traffic may occasionally interfere with some activities of the dwelling occupants as the sound levels exceed the City and Ministry of Environment, Conservation and Parks’ noise criteria. This dwelling unit has been fitted with a forced air heating system and the ducting etc. was sized to accommodate central air conditioning. Installation of central air conditioning will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the criteria of the City and the Ministry of Environment, Conservation and Parks (MECP). (Note: the location and installation of the outdoor air conditioning device should be done so as to minimize the noise impacts and comply with criteria of MECP publication NPC-300, as applicable). 42. That the following warning clause is included within the condominium agreement to protect for any potential archaeological resources that may be encountered during construction activities: Should deeply buried archaeological remains/resources be found during construction activities, all activities impacting archaeological resources must cease immediately, and the proponent must notify the Archaeology Programs Unit of the Ministry of Citizenship and Multiculturalism (416-212- 8886) and contact a licensed archaeologist to carry out an archaeological assessment in accordance with the Ontario Heritage Act and the Standards and Guidelines for Consultant Archaeologists. In the event that human remains are encountered during construction, all activities must cease immediately and the local police as well as the Cemeteries Regulation Unit of the Ministry of Government and Consumer Services (416-326-8800) must be contacted. In situations where human remains are associated with archaeological resources, the Ministry of Citizenship and Multiculturalism should also be notified to ensure that the site is not subject to unlicensed alterations which would be a contravention of the Ontario Heritage Act.” 43. That the owner submits a revised Landscape Plan, which includes street trees within the Regional right-of-way in order to address Regional Urban Design comments. 44. That the owner dedicates Part 1 on 59R-15669, free and clear of mortgages, liens and other encumbrances to the Niagara Region along the frontage of Regional Road 57 (Thorold Stone Road) prior to the issuance of a building permit to the satisfaction of the Niagara Region. All costs for providing the necessary survey plan and all related documents are the responsibility of the applicant. 45. That updated engineering drawings be submitted for review and approval to Niagara Region in order to address Regional Transportation comments. Page 19 of 24 Page 128 of 484 6 46. That prior to any construction within the Regional Road 57 (Thorold Stone Road) road allowance, the owner shall obtain the required Regional Construction Encroachment and/or Entrance Permits from Niagara Region’s Transportation Services Division, Public Works Department. 47. That the owner provides a written acknowledgement to Niagara Region stating that draft approval of this condominium does not include a commitment of servicing allocation by Niagara Region as servicing allocation will not be assigned until the plan is registered and that any pre-servicing will be at the sole risk and responsibility of the owner. 48. That the owner provides a written undertaking to Niagara Region stating that all Offers and Agreements of Purchase and Sale or Lease, which may be negotiated prior to registration of this condominium shall contain a clause indicating that servicing allocation for the condominium will not be assigned until the plan is registered, and a similar clause be inserted in the condominium agreement between the owner and the City. 49. That the owner/developer shall comply with the Niagara Region’s Corporate Policy for Waste Collection and complete the Application for Commencement of Collection and Indemnity Agreement. 50. That the condominium agreement between the Owner and the City of Niagara Falls contain a provision whereby the owner agrees to include the following warning clauses within future Purchase and Sale or Rent or Lease Agreement: “Owners/Purchasers/Tenants of townhouse Units 1-8, 18-23 & 24-28 are advised that in order to accommodate Regional Waste Collection Services they will be required to bring their waste containers to the designated waste collection pads on the required collection day.” “Owners/Purchasers/Tenants are advised that a properly executed Indemnity Agreement must be submitted from the private property owner(s) or property management company with signing authority to Niagara Region in order to maintain waste collection services on private roadway(s) and/or property(ies). 51. That the condominium agreement between the owner and the municipality contain a provision whereby the owner agrees to obtain a certificate from an Ontario Land Surveyor stating that all existing and new survey evidence is in place at the completion of the development. Notes: • Prior to granting final plan approval, the City must be in receipt of written confirmation that the requirements of each condition have been met and all fees have been paid to the satisfaction of the Niagara Region. • Prior to final approval for registration, a copy of the executed Condominium Agreement for the proposed development should be submitted to Niagara Region for verification that the appropriate clauses have been included. Niagara Region recommends that a copy of the draft agreement be provided in order to allow for the incorporation of any necessary revisions prior to execution. • Clearance requests shall be submitted to the Region in accordance with the Memorandum of Understanding, which stipulates that requests for formal clearance of conditions are to be received and circulated to the Region by the local municipality. The local municipality is also responsible for circulating a copy of the draft agreement, and the Region is unable to provide a final clearance letter until the draft agreement is received. The Region is committed to Page 20 of 24 Page 129 of 484 7 reviewing submissions related to individual conditions prior to receiving the formal request for clearance. In this regard, studies and reports can be sent directly to the Region with a copy provided to the local municipality. Clearance of Conditions Prior to granting approval to the final plan, Planning, Building & Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: - Planning Division for Conditions 1-3 (inclusive) - Legal Services for Condition 4 & 5 - Parks Design for Conditions 6-9 (inclusive) - Municipal Works Department for Conditions 10-20 (inclusive) - City’s Transportation Services for Conditions 21-22 (inclusive) - Fire Services for Conditions 23-29 (inclusive) - Bell Canada for Condition 30-32 (inclusive) - Enbridge Gas for Condition 33-35 (inclusive) - Canada Post for Conditions 36 (inclusive) - Region of Niagara for Conditions 37-51 (inclusive) Page 21 of 24 Page 130 of 484 CITY OF NIAGARA FALLS By-Iaw No.2024-xxx (Draft) A by—Iawto amend By-law No.79—200,to permit the use of the lands for the development of 33 townhouse dwelling units within 5 blocks.(AM—2023-030). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. 6. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by—lawand shall be referred to in this by—law as the “Lands”.Schedule 1 is a part of this by—law. The purpose of this by—Iawis to amend the provisions of By—IawNo.79-200,to permit the use of the Lands in a manner that would othen/vise be prohibited by this by—Iaw.In the case of any conflict between a specific provision of this by—Iaw and any existing provision of By-Iaw No.79—200,the provisions of this by—Iaware to prevail. Notwithstanding any provision of By-law No.79—200to the contrary,the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. The permitted uses shall be the uses permitted in the R4 zone. The regulations governing the permitted uses shall be: (a)Minimum lot area for a townhouse 233 square metres for each dwelling dwelling unit (b)Minimum front yard depth for a 3 metres plus any applicable townhouse dwelling distance in Section 4.27.1 (0)Minimum rear yard depth for a 6.2 metres townhouse dwelling (d)Minimum privacy yard depth for 7.5 metres each townhouse dwelling unit,as __ measured from the exterior wall of a 6 metresfora unit abUtth a dwelling unit daylight triangle structure for a townhouse dwelling section 4.7(f)The balance of the regulations specified for a R4 use.All other applicable regulations set out in By—lawNo.79—200 shall continue toapplytogovernthepermittedusesontheLands,with all necessary changes indetail.Page 22 of 24Page 131 of 484 7.No person shall use the Lands for a use that is not a permitted use. 8.No person shall use the Lands in a manner that is contrary to the regulations. 9.The provisions of this by-Iaw shall be shown on Sheet B3 of Schedule “A”of By- law No.79-200 by redesignating the Lands from R4 and numbered 815 to R4 and numbered 1242. 10.Section 19 of By—IawNo.79—200is amended by adding thereto: 19.1.1242 Refer to By-Iaw No.2024—xxx 11.By-law No.2020—050 is repealed: Read a First,Second and Third time;passed,signed,and sealed in open Council this 30thday of April 2024. WILLIAMG.MATSON,CITY CLERK JAMES M.DIODATI,MAYOR S:\ZONlNG\AMS\2023\AM—2023—030~Cardinal Drive,3958 (P|D#271388)\9 By-law\Draft By-law.docx Page 23 of 24Page 132 of 484 1/: Niagara?quq SCHEDULE 1 TO BY-LAW NO.2024-XXXX (Draft) Area Affectedby thls Amendment JCIalep>10018 (a‘M'\chae|St K .4- Amendlng Zoning By-law No.79-200 0 .1o ——.- Description:FIRSTLY:PT TWP LT70 STAMFORDAS IN R0608239 EXCEPTPTS 6 &7,59R7301 &PT 5,59R9180; NIAGARAFALLSApplicant:12604515 Canada Corporation (Mohanned Sawan)Assessment:272510000306750Kl\LuI‘JnRL‘{IIJL'x'n?H’UKJLBLI‘HIUIC'v/UHH‘J.’(WJaw AM Inn-mu 414w»;Page 24 of 24Page 133 of 484 Address: 3958 Cardinal Drive Applicant: 12604515 Canada Corporation (Mohanned Sawan) Agent: Joe Lakatos Proposal: To rezone the lands for 33 townhouse dwelling units in 5 blocks. Zoning By-law Amendment Application AM-2023-030 Page 134 of 484 A GREAT CITY…FOR GENERATIONS TO COME Location Page 135 of 484 A GREAT CITY…FOR GENERATIONS TO COME Background •The subject propoerty is designated Residential in the Official Plan and located in the Built-Up Area. •The subject lands are currently zoned Residential Low Density Group Multiple Dwellings (R4-815) in accordance with Zoning By-law 79, 200 as amended by By-law No. 2020-050. The current zoning permits a 118-unit retirement home with the maximum height of the building at 19.2 m. Page 136 of 484 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Increase the height from 10 m. to 12.05 m. Reduce the minimum lot area from 250 sq. m. to 233.72 sq. m. per unit Reduce the minimum front yard depth from 6 m. to 3.04 m. Reduce the minimum rear yard depth from 7.5 m to 6.2 m. Reduce the minimum privacy yard depth for unit 24 from 7.5 m. to 6.01 m Page 137 of 484 A GREAT CITY…FOR GENERATIONS TO COME Open House – March 28 Comment/Concerns Staff Response •Foxe Drive Neighbour location of Block C. •The applicant increased rear yard to 6.2 m. Provide no windows on that side of the building. No privacy trees along lot line to block sunlight as requested by the neighbour. •Traffic Concerns •Transportation Services review the proposal and the total estimated traffic on Cardinal Drive if the townhouse development is built would still be well below the threshold for this classification of road. •Driveway Location and Large Tree •Niagara Region will allow no access onto Thorold Stone Road. Proposed location satisfies the spacing requirement more than 55 m. Large Tree - driveway Location is in a similar location of the previous rezoning application approval. Will be reviewed additional plantings as part of the landscape review.Page 138 of 484 A GREAT CITY…FOR GENERATIONS TO COME Open House – March 28 Comment/Concerns Staff Response •Road Widening •An improvement to service at the intersection once land is dedicated and the right-turn is implemented. •Garbage Collection / Snow removal / Internal Light Standards •Private collection placed on garbage pads. Snow removal areas and excess of snow will be removed by private contractor. Location of light standards meet the AODA standards. •Built Form – Location of Blocks •Applicant - The reduction will not prevent the adequate landscaped area, and will provide sufficient parking. Sufficient vegetation and/or fencing will be installed for privacy. Three storey buildings with no basement provides flexibility and is lower than the previous approvals at 19 m. Page 139 of 484 A GREAT CITY…FOR GENERATIONS TO COME Open House – March 28 Comment/Concerns Staff Response •Built Form – Location of Blocks •City – Catholic elementary school and City Park are located close in walking distance. Public schools and Catholic High schools are located 1.7 to 2.7 km away. Commercial plaza located at Thorold Stone road and Kalar Road and Retail store at gas distance are in walking distance. Page 140 of 484 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposed development will provide a density of approximately 40 units per hectare which complies within the allowed density of 20 to 40 units per hectare. •The development will provide housing options within the City of Niagara Falls located in the Built-Up Area. •The property will utilize existing municipal infrastructure. •Any conditions have been placed in the vacant land condominium conditions for further review. Page 141 of 484 A GREAT CITY…FOR GENERATIONS TO COME •That Council approve Zoning By-law amendment as recommended in report PBD-2024-15 RecommendationRecommendation Page 142 of 484 The City of Niagara Falls, Ontario Resolution April 30, 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 30, 2024, Niagara Falls City Council will be holding Closed Meetings as permitted under s. 239 (2) of the Municipal Act, namely; (a) the security of the property of the municipality or local board; (b) personal matters about an identifiable individual; (c) a proposed or pending acquisition or disposition of land by the municipality. THEREFORE BE IT RESOLVED that on April 30, 2024 Niagara Falls City Council will go into a closed meeting to consider matters that fall under 239 (2) (a) to discuss a property matter related to the Niagara Falls Library, as well as matters that fall under 239 (2) (c) to discuss a proposed or pending acquisition or disposition of land for 2 separate matters and a personal matter, section 239 (2) (b) regarding a municipal employee. FURTHER BE IT RESOLVED THAT on April 30, 2024 the City Clerk, William Matson, delegates his authority for the purpose of the Closed Meeting dealing with a personal matter about an identifiable individual to the Director of HR, Trent Dark; and FURTHER BE IT RESOLVED THAT the Director of HR will record without note or comment all recommendations to Council emanating from the Closed Meeting; and FURTHER BE IT RESOLVED THAT the City Clerk, or his designate, will resume all duties upon conclusion of the Closed Meeting agenda. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 143 of 484 The City of Niagara Falls, Ontario Resolution April 30, 2024 No. 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 s. 5.1 of the City’s Procedural By-law states that all regular meetings of Council shall be held according to the schedule to be set annually AND that in the event that a Special Meeting of Council is required, the Clerk shall provide all Members with notice of a Special Meeting at least forty-eight hours before such meeting. WHEREAS on May 14, 2024 at 4:00 p.m, Niagara Falls City Council will be holding a Special Closed Meeting as permitted under s. 239 (3.1) of the Municipal Act, namely; 1. A meeting of council may be closed to the public if the meeting is held for the purpose of educating or training the members. 2. At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council. THEREFORE BE IT RESOLVED that on May 14, 2024, Niagara Falls City Council will go into closed meetings to consider matters that fall under section 239 (3.1) educational aspects related to fees for Development Charges, educational aspects related to a deferred matter from the January 16, 2024 Council meeting dealing with the need to discuss different solutions and opportunities in the social services grant funding process, and educational aspects related to the municipalities non-core Asset Management Plan. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 144 of 484 F-2024-01 Report Report to: Mayor and Council Date: April 30, 2024 Title: 2022 Budget to Actual Variance (unaudited) - Tax Levy Supported Operating Fund Recommendation(s) 1. THAT Council RECEIVE report F-2024-01, 2022 Budget to Actual Variance (unaudited) - Tax Levy Supported Operating Fund for information. 2. THAT Council APPROVE the recommended operating special purpose reserve consolidations (transfers) as outlined in the charts in attachment 14 - Operating Special Purpose Reserve Updates Executive Summary The purpose of this report is to show Council the final draft (unaudited) 2022 budget to actual results for the Tax Levy Supported Operating Fund explaining any large variances and final reserve entries. Within the attachment, if there is a note number notation to the right of the variance column, there is a corresponding explanation to that note number located in the analysis section of this report. Please refer to this report in conjunction with the attachment. Background Effective for the 2019 year end, staff began preparing annual budget to actual variance reports for the Tax Levy Supported Operating Fund, Water/Wastewater Fund and the Parking Fund. Finance staff continue to work towards clearing the backlog of outstanding reporting and have prepared the unaudited Tax Levy Supported Operating Fund Budget to Actual variance report for the 2022 year end. A similar report for 2023 will follow as soon as year end work is completed. Finance staff's goal for the 2024 year and forward is to transition from an annual variance report to three (3) variance reports throughout the year showing the results of budget to actual variances for Q2, Q3 and Q4. Staff feel there is little value in preparing a Q1 variance report, with spending during January to March being so preliminary which is the reason a Q1 variance report is not being recommended. Other relevant reports relating to 2022 year end: Page 1 of 81 Page 145 of 484 Capital  F-2022-40 - Capital Project Closing and Adjustments Report as at June 30, 2022 - August 9, 2022 Council Meeting Parking  F-2022-36 - 2022 Third Quarter Parking Fund Variance (unaudited) - November 22, 2022 Council Meeting  F-2023-22 - 2022 Parking Fund Budget to Actual Variance (unaudited) - August 15, 2023 Council Meeting Water/Wastewater  F-2022-42 - 2022 Third Quarter Water & Wastewater Fund Variance (unaudited) - December 13, 2022 Council Meeting  F-2023-38 - 2022 (unaudited) Water/Wastewater Fund Budget to Actual Variance report - September 12, 2023 Council Meeting Analysis Attachment 1 contains the overall Tax Levy Supported Operating Fund 2022 budget to actual results (unaudited) while attachments 2 through 12 contain budget to actual summaries for various departments and sections. Within the attachments, if there is a note number notation to the right of the variance column, there is a corresponding explanation to that note number located in the analysis section of this report. Please refer to this report in conjunction with the attachments. Attachment 2 - City Council, Committees, Boards and Grants Summaries City Council 1. Contracted Services are over budget by $84,585 or 1,409.8%. The unfavourable variance is primarily being driven by $85,079 of expenditures associated with Integrity Commissionaire / Conflict of Interest / Code of Conduct complaints and investigations. 2. External Transfers are over budget by $30,554 or 50.9%. The unfavourable variance is primarily being driven by actual fee waivers ($85,299) approved by council in excess of budgeted fee waivers ($51,000) with the excess totaling $34,299. Committees 3. Other Revenue is over budget by $23,621 or 246.1%. The favourable variance is primarily attributable to Park in the City Committee revenue in excess of budget of $24,621, budgeted at $8,600 with actuals of $33,221. There is also a variance in expenses in Park in the City due to the spending of this additional revenue. Page 2 of 81 Page 146 of 484 4. Transfers To Special Purpose Reserves are over budget by $5,336. The unfavourable variance is due to a transfer to the Activity Subsidy Fund Special Purpose Reserve of $1,535 relating to garage sale revenue generated by the Recreation Committee and a transfer of unspent Diversity and Inclusion budget ($3,801) to reserves to be used in 2023 towards the purchase of two benches which were requisitioned in 2022 with the invoice and benches arriving in 2023. Grants 5. From Reserve Funds is under budget by $75,000 as the New Years Eve show did not occur. The City budgets $75,000 from reserves and $75,000 in expenses with external contributions typically covering the remaining costs of the annual New Years Eve celebration. This celebration has not occurred since COVID. 6. Materials are under budget by $284,275 or 75.8%. $209,275 of the favourable variance is attributable to actual grants for Doctor Recruitment being under budget and the remaining favourable variance is due to budgeted materialsexpenditures to support and fund the 2022 New Year’s Eve show which were not spent. 7. To Special Purpose Reserves of $200,000 is to reserve the unspent Doctor Recruitment budget (covered in #6 above) to use in future years. Attachment 3 - Administrative Services Summaries Chief Administrator's Office 8. Sales revenue is over budget by $76,053 or 100%. Sales revenue earned represents sales of the City’s WonderFalls Passes which was not budgeted for. All sales are then transferred to the Special Purpose Reserve for WonderFalls Passes and used to fund accessibility elements of playgrounds. 9. Other Municipalities revenue is over budget by $452,372 or 100%. Other revenue from municipalities represents revenue charged to the Niagara Region relating to homelessness encampment clearing and enforcement activities. This revenue was not budgeted for in 2022. As a result of the unexpected funding from the Region the City has reserved some of it to use for future strategic social service initiatives resulting in To Special Purpose Reserves being $461,053 over budget. Transfers to Special Purpose Reserves are over budget due to three unbudgeted transfers to reserves: (1) $350,000 of the amount billed to the Niagara Region for Homelessness expenditures, (2) all unbudgeted WonderFalls Pass revenue earned of $76,053, and (3) unspent funds of $35,000 on the City’s customer service plan to be used to fund the capital request. Page 3 of 81 Page 147 of 484 10. From Special Purpose Reserves are under budget by $75,000 or 100%. Staff budgeted a transfer from the City’s Strategic Initiatives Special Purpose Reserve to fund expenditures associated with Homelessness (a Regional Function). This transfer was not required as the City did not make any payments to third parties as per the External Transfers explanation below. External Transfers are under budget by $75,000 or 100%. Staff budgeted for External Transfers and Grants of $75,000 to fund Homelessness strategic initiatives. No external transfers or grant payments were paid to third parties, causing the favourable variance. 11. Labour and Benefits are $326,274 or 23.2% under budget. Labour and Benefits are under budget due to gapping and vacancies, which is primarily being driven by delays in hiring five new full-time equivalents approved in the 2022 operating budget. In 2022 Communications was still grouped in the CAO office account numbers, the five new positions were all related to communications, approved as a result of the City taking over MacBain from the YMCA. Clerks Services 12. Licenses Revenue is over budget by $60,859 or 24.3%. Staff budgeted a conservative increase in License related revenues, reflecting a partial recovery to pre-pandemic revenues. Actual revenues were higher than budgeted. 13. User Fees are over budget by $60,786 or 486.3%. Staff soft-launched marriage ceremonies in 2020, but, due the Covid-19 Pandemic, ceremonies were put to a halt and not resumed until 2022. Due to the on-going uncertainty regarding Covid-19, Staff did not budget for an increase in marriage ceremony fees for 2022. The favourable variance in user fees is due to marriage ceremony fees being higher than budgeted in 2022. 14. From Special Purpose Reserves is over budget by $67,914 or 30.9%. Staff budgeted a transfer from the Election Services Special Purpose Reserve to fund expenditures associated with the 2022 Municipal election. The unfavourable variance is attributable to actual expenditures associated with the election being higher than budgeted, thereby necessitating a higher Transfer From Special Purpose Reserve. Materials are over budget by $53,143 or 18.5%. Material expenditures are primary over budget due to actual expenditures associated with the 2022 Municipal election being higher than budgeted. Page 4 of 81 Page 148 of 484 Human Resource Services 15. Other Revenue of $150,000 was budgeted as the City anticipated receiving funds Sun Life however these funds were not received until 2023 causing the $150,000 variance in 2022. Information Services 16. Labour and Benefits is $99,759 or 6.1% under budget due to gapping and vacancies associated with unfilled positions. 17. Materials is $139,919 or 6.8% under budget primarily due to savings on Information Services related software and programs of $143,603. Legal Services 18. Contracted services is $85,248 or 26.4% over budget primarily due to an overspend on External Counsel Contracted Services of $108,889. Risk Management Services 19. Materials is $198,212 or 39.6% under budget due to less claim payouts than anticipated during the year. Financial Services Summary 20. Taxation City General/Urban Service has a favourable variance of $884,176 or 1.1% over budget. Taxation Capital Levy has a favourable variance of $6,893 or 0.9% over budget. These favourable variances represent the assessment growth realized during the year as MPAC assesses properties and issues supplementary bills. 21. Taxation Waste Management has a favourable variance of $95,239 or 1.1% over budget which can again be attributed to assessment growth realized during the year. As waste management is a Regional responsibility there is also a variance in Contracted Services as the additional taxation revenue received is then passed along to the Region. 22. Taxation Write Offs have an unfavourable variance of $130,108 or 9.8% over budget with a budget of $1,325,000 and actuals of $1,455,108 due to more write offs occurring than anticipated. As this area has been trending higher over the past few years staff increased this budget in 2023 by $225,000 to $1,550,000. 23. Casino funding has a favourable variance of $5,144,700 or 37.3% over budget. At the time of budget setting the City was uncertain how much online gaming or Woodbine would affect the City's revenues and as a result budgeted only Page 5 of 81 Page 149 of 484 $13,800,000 in casino revenue with a property tax subsidy relief amount of $5,314,000. Actual funding received totaled $18,944,700. The additional $5,144,700 was transferred to the OLG Reserve Fund to be used for Policing, Hospital Funding and Capital Asset Investment which also explains the variance of $5,144,700 in the transfers To Reserve Funds. 24. Investments have a favourable variance of $693,561 or 44.2% over budget with budget of $1,570,600 and actuals of $2,264,161. This is mainly due to the increase in interest rates during 2022, from 0.8% January to March up to 4.3% by November. 25. Other Revenue has a favourable variance of $1,943,952 or 52.3% over budget with a budget of $3,719,250 and actuals of $5,663,202. The majority of the variance ($1,335,126) can be attributed to additional Municipal Accommodation Tax (MAT) revenue collected in excess of the City's estimated budget. Coming out of COVID the City was not sure what to expect for 2022 MAT collections and as such budgeted conservatively. 95% of the revenue budgeted for MAT is budgeted in External Transfers as a contribution to Niagara Falls Canada Hotel Association which explains the unfavourable variance of $1,269,721 or 45.3% in external transfers. Additionally, per the auditors request, the City wrote down it's Allowance for Doubtful Accounts by $564,000 resulting in additional unanticipated revenues. 26. Penalties and Interest have a favourable variance of $746,409 or 45.6% over budget with a budget of $1,636,000 and actuals of $2,382,409. During 2020, Council decided not to charge any penalty and interest for the five months April through August 2020 and reduced interest from 1.25% per month to 0.50% per month for October through December 2020 as a COVID relief to taxpayers. Council made a further decision to extend the 0.50% interest to September 30, 2021. Council then increased the penalty to 1.00%. Staff were unclear whether Council would allow the rate to return to 1.25% in 2022 and as such budgeted conservatively. Council however decided to increase the rate back up to 1.25% per month starting May 1, 2022. 27. Provincial Offences Act (POA) has an unfavourable budget variance of $94,282 or 75.7% under budget. POA funding and estimated budget is provided from the Regional Municipality of Niagara. Actual court revenues differed significantly from expected revenues during COVID resulting in the unfavourable variance. 28. From Reserve Funds amount of $6,526,631 was budgeted as a balancing figure to the 2022 budget when Council made the decision to defer part of the 2022 tax increase to 2023 noting residents were just coming out of two (2) difficult COVID years. The $6.5M reserve funding budget equated to a deferral of 8.7% levy increase that was passed on to 2023. The 8.7% increase represented many approvals for new hires that were not hired effective January 1, thus due to Page 6 of 81 Page 150 of 484 gapping, the actual amount needed to fund the deficit in 2022 is only around $3M and was taken From Special Purpose Reserves, specifically the Tax Rate Stabilization Reserve. See below in the financial implications section for more information on this. 29. Rents and Financial Expenses have a favourable variance of $96,652 or 117.6% under budget with a budget of $82,200 and actuals of $(14,452). This is largely due to a $104,000 accrual for foreign exchange gains. 30. To Special Purpose Reserves (SPR) has a favourable variance of $183,337 or 43.5% under budget with a budget of $421,017 and actuals of $237,681. The budget was a planned transfer of $421,017 into the tax rate stabilization SPR where the Parking Fund could then transfer those funds out of the SPR into Parking as this was the estimated budgeted amount of taxpayer funding needed to balance the Parking Budget in 2022. In actuality only $237,681 was needed. Attachment 4 - Fire and Casino Policing Services Summaries Fire Services 31. Other Revenue has unbudgeted actuals of $31,721 due to recoveries for costs related to fire work orders. This offsets a portion of the unfavourable variance in Materials noted below (#34). 32. User Fees has a favourable variance of $37,115 or 154.6% mainly due to higher than expected actuals for recoveries related to gorge rescues, as well as unbudgeted revenue for training offered to other organizations and municipalities which offsets a portion of the unfavourable variance in Materials noted below (#34). 33. Overtimehas an unfavourable variance of $672,835 or 42.5% due to fire suppression coverage requirements as a result of a large occurrence of WSIB related absences. 34. Materials has an unfavourable variance of $269,136 or 20.1% due to higher than anticipated WSIB expenses as a result of a large occurrence of WSIB related incidents. This is combined with $79,000 in savings for facility related materials, which offsets an unfavourable variance of $35,850 in Contracted Services due to facility maintenance and repair requirements. 35. Snow Plowing has an unfavourable variance of $11,926 or 79.5% due to a large number of snow weather events than anticipated. 36. Internal Rent has an unfavourable variance of $105,669 or 9.7% due to high fuel prices and higher than anticipated maintenance costs for the fire fleet. Page 7 of 81 Page 151 of 484 Casino Policing Services 37. The Casino Policing budget of $2,520,000 was budgeted as 18% of budgeted Casino revenues ($14,000,000). Actual Casino revenues were $18,944,700 thus resulting in $3,410,406 of expenses explaining the variance of $890,046 in Contracted Services and Transfers from Reserves. Attachment 5 - Municipal Works Services Summaries Roadways 38. Other Revenue has an unfavourable variance of $100,972 or 91.8% due to developer contributions for park trees being transferred to deferred revenue. 39. Labour and Benefits has an unfavourable variance of $633,853 or 12.7% which is partially offset by a savings of $346,526 in Winter Control Labour and Benefits (#43). The additional overage is due to a budgeting shortfall in staff hours which was addressed for 2023, as well as the requirement to fill positions due to medical accommodations. 40. Contracted Services has a favourable variance of $210,219 or 15.9% mainly due to reduced bridge and culvert structure rehabilitation requirements and removal of dust control and shoulder contract as program being done in-house. 41. Internal Rent has an unfavourable variance of $138,679 or 10.5% due to high fuel prices and higher than anticipated maintenance costs for the roadway services fleet. 42. To CSPR (Debt Placeholder) has a favourable variance of $69,664 as the debt charge placeholders allocation was not made due to the overall deficit position in the tax levy fund in 2022. Winter Maintenance Services 43. Labour and Benefits has a favourable variance of $346,526 or 17.8% based on reduced operational requirements and is offset by an unfavourable variance in Roadway Services Labour and Benefits (#39). 44. Materials has an unfavourable variance of $77,132 or 10.8% due to a higher than anticipated volume of salt required as a result of two large winter storms. 45. Contracted Services has an unfavourable variance of $176,640 or 43% due to two large winter storms and the need to rely on contractor to clear sidewalks to meet minimum standards. Page 8 of 81 Page 152 of 484 46. Internal Rent has an unfavourable variance of $100,014 due to high fuel prices and higher than anticipated maintenance costs for the winter control fleet. Streetlighting Services 47. Other Revenue has a favourable variance of $52,389 or 218.3% as a result of recoveries for streetlight repairs and catching up on work from the last two years. 48. Materials has a favourable variance of $112,434 or 14.4% due to lower than anticipated hydro usage and a reduction in material requirements which has been addressed in the 2023 budget. 49. Contracted Services has a favourable variance of $91,022 or 17.6% due to lack of work completed by the contractor versus what was dispatched to them for completion. Engineering Services 50. Other Revenue has an unfavourable variance of $932,590 (70.2%). The variance is due to the revenue recognition of developer fees being less than anticipated. In 2022 there were only $170,000 in developer fees collected and deferred. There was a total of $380,000 in developer fees recognized from 2022, 2021, and 2020. There was $480,000 budgeted for new development service inspection, streetlight inspection, and Third party system modeling that has an offset budgeted in contracted services that was not fully utilized resulting in a favourable and partially offsetting variance of $471,377 or 67.3% in Contracted Services. Lastly, $422,971 was brought in From Special Purpose Reserves to offset the remaining revenue variance. 51. Labour and Benefits has a favourable variance of $187,671 (10.6%) due to gapping and partial vacancies. 52. To Capital has a favourable variance of $50,174 (100%) as no actuals were incurred due to staff resource for Asset Management that was not hired (Capital Project #G12). 53. To Special Purpose Reserves has an unfavourable variance of $32,525 due to a transfer to SPR 319 to reserve remaining funding not utilized in 2022 that will be required for Gateway Feature repairs project in 2023. In Contracted Services there was a budget of $60,000 for Gateway features while only $27,475 was utilized. Fleet Services Page 9 of 81 Page 153 of 484 54. Labour and Benefits has a favourable variance of $180,940 (11.8%) due to a mechanic position remaining vacant, due to a lack of qualified candidates. In addition, there is gapping in which positions came in lower than budget. 55. Materials has an unfavourable variance of $624,574 (42.1%) due to inflation and US exchange rates. This impacted the cost of fuel and replacement parts as prices increased significantly. The fleet fuel was budgeted at $675,500; actuals for fuel came in at $1,138,000, this is a $462,500 unfavourable variance. The 2022 budgeted cost per litre of fuel was significantly underbudgeted at $0.80 per litre, while actuals came in closer to $1.35 per litre. This has been addressed in the 2023 fleet fuel budget. Storm Sewer Services 56. Materials has an unfavourable variance of $32,703 (97.6%) due to several deficiencies in catch basins requiring immediate repair. In addition, several drainage issues/complaints issued this year which required the City to repair/resolve, further driving pressure in materials account. 57. Contracted Services has an unfavourable variance of $27,918 (15.3%) due to an increase in locate costs driving pressure. In 2023, the budget was increased to accommodate the cost increase. Attachment 6 - Parks and Athletic Fields 58. Materials has a favourable variance of $66,561 or 23.7% mainly due to parks grounds maintenance which fluctuates year to year based on weather conditions. 59. Contracted Services has an unfavourable variance of $86,300 or 26.4% due to increased supply costs for beautification and requirements for Canada Summer Games. 60. To Capital SPR has a favourable variance of $69,309 as the debt charge placeholders allocation was not made due to the overall deficit position in the tax levy fund in 2022. Attachment 7 - Transportation Services 61. Other Revenue has a favourable variance of $47,110 (167.1%) due to a recovery for streetlight damage which offsets material expenditures, as well as higher than budgeted fee waivers approved by Council. 62. Labour has a favourable variance of $67,120 (5.2%) due partly to the removal of lunchtime shifts for the school grossing guards. Page 10 of 81 Page 154 of 484 63. Contracted Services has a favourable variance of $45,661 (8.1%) due to a reduced requirement for traffic counts and studies, as well as special events traffic control. Attachment 8 - Transit Services 64. Provincial Grants has unbudgeted actuals of $1,180,637 as Transit Services was successful in receiving Safe Restart Funding to offset COVID related revenue pressures. This funding had not been announced at the time of budget preparation. 65. Other Municipalities has a favourable variance of $269,474 or 9.3%. Service hours on IMT routes was slightly higher than planned which resulted in additional revenue from Niagara Region. In addition, the City was reimbursed by Niagara Region for the secondment of the General Manager of Transit to the Niagara Transit Commission which partially offsets the unfavourable variance in labour and benefits (#70). 66. Other Revenue has a favourable variance of $148,075 or 9.1% due to a catchup in billing to Metrolinx for a share of utility costs at the WEGO facility for the 2020 and 2021 years, as well as a higher than expected remittance of shelter advertising revenue from Pattison. This revenue also includes recoveries from Heartland Forest for a portion of the costs to install a new bus pad at their location, as well as recoveries from Metrolinx for damages to the facility, both offsetting contracted services costs. 67. Sales has a favourable variance of $276,488 or 60.6% due to higher than budgeted fuel purchases by Metrolinx. This offsets the unfavourable variance of $271,543 in Goods for Resale. 68. User Fees has a favourable variance of $683,291 or 47.4% due to a quicker recovery in ridership after COVID than expected. At the time of budget preparation, it was unknown whether lockdowns would continue in 2022 and how it would impact ridership. 69. From Special Purpose Reserves has unbudgeted actuals of $57,624. This was the 2021 favourable variance from the Chair-a-Van contract due to a reduction in hours related to COVID. The favourable variance was reserve in 2021 and applied towards 2022 as there was an unfavourable variance of $110,431 in Fees for Service due to higher than expected service hours. 70. Labour and Benefits has an unfavourable variance of $956,819 or 8.9%. Part of this variance is for the secondment of the General Manager of Transit to the Niagara Transit Commission, which was recovered from Niagara Region and is offset by a favourable variance in Other Municipalities revenue (#66). In addition, there were amalgamation related payouts of vacation and stat time ($495,083) Page 11 of 81 Page 155 of 484 which had not been budgeted and an accrual for the post employment benefit payment ($160,661) due to the Region as part of the amalgamation. 71. Materials has an unfavourable variance of $1,350,218 or 40.4% due to significant increases in fuel prices in 2022. 72. To Special Purpose Reserves has an unbudgeted transfer of $140,000, transferring the surplus in Insurance Premiums to the risk management stabilization reserve. Attachment 9 - Recreation, Culture and Facilities Recreation Programs 73. Federal Grants has unbudgeted actuals of $45,000 due to receipt of a federal grant for costs related to the Canada Day parade. This offsets an unfavourable variance of $17,000 in Donations from lower than expected sponsorship revenue as a result of a scaled down event. 74. Provincial Grants has a favourable variance of $35,259 due to receipt of a special Seniors Active Living Centres grant and a Reconnect post-COVID tourism grant. 75. Other Revenue has a favourable variance of $53,412 due to organization contributions for the Canada Summer Games 13 for 13 event. This offset the need to make the budgeted transfer of $59,000 From Special Purpose Reserves. 76. Rents has a negative variance of $8,856 due to no room rentals at the Coronation Centre as a result of the Older Adults programming moving to the MacBain Centre. 77. User Fees has an unfavourable variance of $67,329 due to lower than anticipated actuals for Pools Programs as the program did not run at projected levels due to COVID lockdowns at the beginning of 2022. 78. Labour and Benefits has a favourable variance of $224,637 due to pool programs not running at the beginning of the year and a reduction in the number of instructors, combining administrative and janitorial positions between the Coronation Centre and the MacBain Centre as a result of the Older Adults program moving to the MacBain Centre, and savings for a Facilities Supervisor due to staff turnover. 79. Materials has a favourable variance of $33,512 due to a scaled down Canada Day parade, no “Art in Public Spaces” expenditures, and reduced Older Adult Page 12 of 81 Page 156 of 484 program expenditures due to its move to the MacBain Centre and the ability to gain efficiencies with combining program expenses. Civic Facilities 80. Other Municipalities has unbudgeted actuals of $10,143 due to a contribution from Niagara Region for janitorial services at the Homeless Shelter which offsets labour and benefits expenses. 81. Labour and Benefits has a favourable variance of $158,658 due to a number of facilities position vacancies over the course of the year. 82. Contracted Services has an unfavourable variance of $156,445 due to a number repair and maintenance requirements at the Service Centre facility. Recreation Facilities 83. Other Municipalities has unbudgeted actuals of $27,990 due to Niagara Region taking vacancy of the Coronation Centre and reimbursing for facility and maintenance costs. 84. Miscellaneous Revenue has an unfavourable variance of $228,301 due to various factors. User fees at the Chippawa Arena were much lower than expected due to COVID lockdowns at the beginning of the year, as well as gym and room rentals at the MacBain Community Centre. In addition, recoveries from the library for utility costs were substantially less than budgeted; however, there would be a subsequent savings in the Library budget. 85. From Capital SPRs has unbudgeted actuals of $451,997 due to the release of the Convention Centre Reserve to the Niagara Falls Convention Centre. This offsets the unbudgeted actuals in External Transfers. 86. Utilities has a favourable variance of $172,832 due to savings in hydro at the Gale Centre as a result of low usage during lockdowns at the beginning of the year, as well as savings in water at the MacBain Centre due to the pool not operating for a portion of the year. 87. Contracted Services has an unfavourable variance of $225,898 due to major repairs to brine lines at the Chippawa Arena as a result of leaks, maintenance and repair requirements at the MacBain Centre that the City had to address, and siding and plumbing work required at the Fire Hall Theater. 88. Snow Plowing has an unfavourable variance of $49,233 due to increase in contractor rates at the Gale Centre combined with a large number of heavy snow events. Page 13 of 81 Page 157 of 484 Museum and Culture Services 89. Other Municipalities has unbudgeted actuals of $32,441 due to a contribution from Niagara Region for multiple COVID related secondments to Regional Health which offsets labour and benefits expenses. 90. Miscellaneous Revenue has an unfavourable variance of $13,311 due to the delay in the opening of the Exchange, with no workshop or café rental revenue partially offset by higher than expected museum programming revenue. 91. Labour and Benefits has a favourable variance of $203,525 due to position vacancies as a result of the delay to the opening of The Exchange. 92. Materials has a favourable variance of $59,646 due to the delay in the opening of The Exchange and museums programs not running at the beginning of year due to COVID lockdowns. 93. Utilities has a favourable variance of $58,580 due to the delay in the opening of The Exchange. Attachment 10 - Recreation, Culture and Facilities - Cemeteries 94. Investments has an unfavorable variance of $233,421 or 137.3%. Staff budgeted for $170,000 of investment income and due to unfavourable market conditions, unfortunately the City had investment losses of $63,421 resulting in the $233,421 variance. In order to mitigate future losses staff have implemented a new investment strategy in 2023 and anticipate stronger investment returns going forward. 95. Saleshas a favourable variance of $134,546 or 53.5%. Sales of burial plots were at a record-breaking high in 2022 and exceeded budget expectations. In 2023 the budget was increased from $251,700 to $300,000 to reflect the positive trend. 96. User Fees has a favourable variance of $90,001 or 18.9%. This is also related to the record-breaking sales of burial plots and the associated increased revenue in user fees for funeral services. In 2023 the budget was increased from $475,000 to $510,000 to reflect the positive trend. Attachment 11 - Planning and Building Services Planning Services 97. Licences has an unfavourable variance of $12,600 or 100%. Sidewalk café licensing fees were waived in 2022 and the new sidewalk cafe fees were not incorporated into the City's Schedule of Fees until 2023, therefore no licensing revenue was earned in 2022. Page 14 of 81 Page 158 of 484 98. User Fees has a favorable variance of $80,150 or 23.1%. Staff were cautiously optimistic in setting budgeted planning application related user fee revenue for 2022, taking into consideration economic circumstances, including the on-going impact of the Covid-19 pandemic. 2022 actual revenues ended up coming in higher than projected 2022 revenues. 99. Contracted Services has a favorable variance of $35,375 or 44.2%. This favourable variance is attributable to expenditures incurred on planning studies and other contracted services for work towards the City’s Industrial Land Use and Housing Strategies being less than budgeted. Building Services 100. Permit revenue has been recorded as deferred revenue. As a result all permit revenue will now go directly to the building reserve fund and then be brought in as needed through the From Reserve Funds account to cover actual expenses that have occurred during the year. This explains the variance in permit revenue, From Special Purpose Reserves and From Reserve Funds. In 2022 the City collected $2,423,513 in permit revenue which was transferred to the Reserve Fund. 101. Labour and Benefits has a favourable variance of $440,053 or 20.5%. The favourable variance is primarily attributable to vacancies within the union complement in Building Services. 102. Contracted Services has a favourable variance of $30,729 or 66.0%. The favourable variance is primarily due to a surplus of $22,807 from expenditures budgeted for external consultants. Savings on actual expenditures paid to external consultants were driven by less than budgeted expenditures incurred in 2022 towards the updated Building Fees Study. Municipal Enforcement Services 103. User Fees has a favourable variance of $55,910 or 56.2% over budget. The favourable variance is due to higher than budgeted weed control user fees earned which also accounts for the unfavourable variance of $16,013 or 12.0% in Contracted Services. 104. Labour and Benefits has an unfavourable variance of $69,943 or 7.0% over budget. The unfavourable variance in Labour and Benefits is due to actual compensation expenditures for unionized staff coming in excess of budget as a Municipal Enforcement Officer contract position that was budgeted for 6 months was extended to 12 months using gapping dollars from other areas. Page 15 of 81 Page 159 of 484 105. Rents and Financial Expenses are $11,820 or 100% under budget. The Rents and Financial Expenses operating expenditure group was used to budget for grants issued under the City’s Rodent Rebate Program. Actual expenditures were recorded to the External Transfers operating expenditure group. Attachment 12 - Business Development Services 106. Federal Grants has an unfavourable variance of $386,993 or 28.0%. Staff budgeted $600,000 in Federal Grant revenue associated with the City’s Tourist Area Connection Transportation Study. The majority of this unfavourable variance is being caused from approximately $149,000 eligible expenditures that were not incurred until 2023, thereby requiring a deferral of revenue at year-end, which will be recognized in 2023. Contracted Services are under budget by $120,799 or 11.1%. As noted under Federal Grants, budgeted expenditures of approximately $149,000 associated with the City’s Tourist Area Connection Transportation Study were not spent until 2023, causing the favourable variance in Contracted Services. The Contracted Services favourable variance offsets the unfavourable variance as described in Federal Grants. 107. Other Municipalities are over budget by $27,440. Staff budgeted NIL revenues from Other Municipalities within Business Development Services. Actual revenues received that resulted in the favourable variance were grants received from the Regional Municipality of Niagara for contributions towards the City’s Rural Economic Development program and Buy Local campaign, as well as a contribution towards the update of the City’s Economic Development Strategic Plan. 108. Other Revenue is over budget by $23,362 or 155.7%. The favourable variance is due to $24,648 in unbudgeted revenue received from the Ontario Business Improvement Area Association to fund the City’s Digital Service Squad program and $5,600 in unbudgeted revenue received from the Niagara Development Corridor Partnership for a contribution towards the update of the City’s Economic Development Strategic Plan. These favourable variances are offset by lower than budgeted programming fee revenue. 109. Labour and Benefits is over budget by $78,010 or 9.9% due primarily to actual compensation in excess of budgeted compensation in relation to the unbudgeted grant revenue noted above. 110. Materials are under budget by $98,739 or 68.8%. This favourable variance is attributable to $100,000 in less than budgeted expenditures associated with economic development hosting initiatives. Page 16 of 81 Page 160 of 484 111. Rents and Financial Expensesare under budget by $169,656 or 99.7%. Staff budgeted for $80,000 of development charge (DC) exemptions and $20,000 of building permit waivers, neither of which had any actuals recorded for the 2022 year-end, resulting in a favourable variance of $100,000. In addition, Staff budgeted all small business grants issued under the Starter Company Plus Program of $70,225 under the Rents and Financial Expenditures operating expenditure, however, actual grants issued of $78,000 were recorded to External Transfers, resulting in a favourable variance in Rents and Financial Expenses and an offsetting unfavourable variance in External Transfers.Staff have transferred the $80,000 unused DC exemptions budget to a newly created Special Purpose Reserve for DC exemptions explaining the $80,000 variance in To Special Purpose Reserves. SURPLUS/DEFICIT Per the City's 2021 financial statements there is an accumulated surplus of $337,558 in the tax levy supported operating fund. As per attachment 1 - Staff have left a small deficit of $8,683 in the tax levy supported operating fund for the year ended December 31, 2022 which will bring the accumulated surplus to a total of $328,875. RESERVES AND RESERVE FUNDS Attachment 13 highlights the City's reserve and reserve fund activity for 2022 with total reserve and reserve funds growing by $15.6M from $150.0M to $165.6M. This $15.6M increase can be attributed to Capital Special Purpose Reserves which grew by $9.1M due to staff doing a very thorough close out of old capital projects and returning surpluses to reserves as well as Obligatory Reserve Funds which grew by $8.5M as many granting agencies increased their grant allocations for 2021 due to COVID. Operating Special Purpose Reserve (SPR) balances totaled $20.6M at December 31, 2021 with total contributions during 2022 of $1.35M, operating uses of $4.0M, a small capital use of $303,880 and a transfer of the Building SPR of $2.7M from Operating SPRs to Obligatory Reserve Funds for ending operating SPR balances as at December 31, 2022 totaling $15.0M ($7.5M - General (2021 - 13.2M), $1.4M - Water (2021 - $1.6M) and $6.0M - Wastewater (2021 - $5.7M)). Capital Special Purpose Reserve (CSPR) balances totaled $25.7M at December 31, 2021 with total contributions during 2022 of $24.3M and capital uses of $17.5M, for ending CSPR balances as at December 31, 2022 totaling $32.5M ($15.4M - General (2021 - $15.1M), $10.1M - Water (2021 - $7.5M) and $7.0M - Wastewater (2021 - $3.1M)). Obligatory Reserve Funds consist of Development Charges, the Building Reserve Fund and grant funding that can only be used for specific purposes. Obligatory reserve fund balances totaled $55.6M at December 31, 2021 with total contributions during 2022 of $20.5M, operating uses of $9.8M, capital uses of $7.4M, and the transfer of the Building SPR of $2.7M for ending balances as at December 31, 2022 totaling $61.7M. Page 17 of 81 Page 161 of 484 Discretionary Reserve Fund balances totaled $47.7M at December 31, 2021 with total contributions during 2022 of $17.8M, operating uses of $4.9M and capital uses of $4.4M, for an ending balance as at December 31, 2022 totaling $56.1M. Operational Implications and Risk Analysis Nothing to note. Financial Implications/Budget Impact Majority of the financial implications have been communicated above in the analysis section however further to #28 above the 2022 year end was unlike any other due to the deferral of part of the increase. Although a $6.5M transfer from reserve funds was budgeted to balance the 2022 budget, in actuality only $2.5M was needed to cover the deficit. This is largely due to gapping and staff vacancies. While only $2.5M was needed from the tax rate stabilization reserve to cover the deficit unfortunately the tax rate stabilization reserve balance at December 31, 2021 was only $1.8M which leaves the tax rate stabilization reserve at December 31, 2022 with a negative balance of $633,828. As part of ongoing clean up efforts staff wish to consolidate some Special Purpose Reserves not needed for the individual purpose they were originally earmarked for, some of which are being recommended to transfer to the tax rate stabilization reserve and will help reduce that negative balance down to $292,875. Further to that 2023 investment income was very strong and we will be able to top the tax rate stabilization reserve back through the 2023 year end process. Please see attachment 14 for detailed charts of staff's recommended special purpose reserve consolidations which includes the following recommendations:  Discontinue 9 SPRs and transfer the balances to SPR 77 Tax Rate Stabilization Reserve  Discontinue 11 SPRs and transfer the balances to CSPR 1 Capital - General Unallocated  Discontinue 3 SPRs and transfer the balances to SPR 340 Energy and Climate Initiatives  Discontinue 2 SPRs and transfer the balances to SPR 278 Employee Future Benefits Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments: Page 18 of 81 Page 162 of 484 1. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long- term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. Contributor(s) Matt Greenfield, Financial Analyst Sebastian Zukowski, Financial Analyst Jennifer Yarnell, Financial Analyst Jessica Sinkowski, Financial Analyst List of Attachments F-2024-01 Attachment 1 - 2022 (unaudited) Budget to Actual Results - Tax Levy Supported Operating Fund F-2024-01 Attachment 2 - Mayor and Council, Committees, Boards and Grants F-2024-01 Attachment 3 - Administrative Services F-2024-01 Attachment 4 - Fire and Casino Policing Services F-2024-01 Attachment 5 - Municipal Works Services F-2024-01 Attachment 6 - Municipal Works - Parks and Athletic Fields F-2024-01 Attachment 7 - Municipal Works - Transportation Services F-2024-01 Attachment 8 - Transit Services F-2024-01 Attachment 9 - Recreation, Culture and Facilities Services F-2024-01 Attachment 10 - Recreation, Culture and Facilities - Cemeteries F-2024-01 Attachment 11 - Planning and Building Services F-2024-01 Attachment 12 - Business Development Services F-2024-01 Attachment 13 - 2022 Reserves and Reserve Funds F-2024-01 Attachment 14 - Operating Special Purpose Reserve Updates Written by: Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 24 Apr 2024 Shelley Darlington, General Manager of Corporate Services Approved - 24 Apr 2024 Kira Dolch, General Manager, Planning, Building & Development, Acting CAO Approved - 24 Apr 2024 Page 19 of 81 Page 163 of 484 Attachment 1 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Taxation City General/Urban 77,154,865 78,039,041 (884,176)(1.1%) Taxation Capital Levy 749,859 756,752 (6,893)(0.9%) Taxation Waste Management 8,362,504 8,457,743 (95,239)(1.1%) Taxation Write Offs (1,325,000)(1,455,108)130,108 (9.8%) Taxation Other Charges 1,150 150 1,000 87.0% Payment in Lieu of Taxation 7,291,411 7,434,942 (143,531)(2.0%) Taxation 92,234,789 93,233,520 (998,731)(1.1%) Federal Grants 1,383,246 1,041,253 341,993 24.7% Provincial Grants 659,306 1,902,273 (1,242,967)(188.5%) Grants 55,000 83,492 (28,492)(51.8%) Other Municipalities 2,883,208 3,711,657 (828,449)(28.7%) Grants 4,980,760 6,738,675 (1,757,915)(35.3%) Café Sales 0 43 (43)N/A Casino 13,800,000 18,944,700 (5,144,700)(37.3%) Donations 46,000 36,260 9,740 21.2% Fines 500 0 500 100.0% Investments 2,523,845 2,984,014 (460,169)(18.2%) Licences 309,965 357,689 (47,724)(15.4%) Other Revenue 7,177,428 8,320,269 (1,142,841)(15.9%) Penalties and Interest 1,636,000 2,382,409 (746,409)(45.6%) Permits 1,802,000 1,858 1,800,142 99.9% Provincial Offences Act 124,617 30,335 94,282 75.7% Rents 337,701 261,906 75,795 22.4% Sales 726,255 1,227,270 (501,015)(69.0%) Service Charges 5,000 15,819 (10,819)(216.4%) User Fees 5,061,708 5,851,018 (789,310)(15.6%) Miscellaneous Revenue 33,551,019 40,413,590 (6,862,571)(20.5%) From Capital SPR 0 609,412 (609,412)N/A From Special Purpose Reserves 3,910,695 3,419,413 491,283 12.6% From Reserve Funds 8,138,271 6,989,631 1,148,640 14.1% From Gas Tax Reserve Fund 2,586,974 2,586,974 0 0.0% From Development Charges 1,477,089 1,476,163 926 0.1% From Operating (Indirect Costs)590,384 590,384 0 0.0% From Operating (Internal Rent)5,594,743 5,920,777 (326,034)(5.8%) Internal Transfers 22,298,156 21,592,754 705,402 3.2% TOTAL REVENUE 153,064,724 161,978,539 (8,913,815)(5.8%) Page 20 of 81 Page 164 of 484 Attachment 1 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% EXPENSES Labour 55,293,603 54,342,310 951,293 1.7% Employee Benefits Allocation 15,251,408 15,306,137 (54,729)(0.4%) Overtime 2,219,340 2,942,613 (723,273)(32.6%) Labour and Benefits 72,764,351 72,591,060 173,291 0.2% Materials 12,558,543 14,018,368 (1,459,825)(11.6%) Professional Development 345,673 228,290 117,383 34.0% Advertising 240,100 168,740 71,360 29.7% Insurance Premiums 2,707,056 2,483,149 223,907 8.3% Conferences/Conventions 155,430 84,565 70,865 45.6% Goods for Resale 480,523 759,977 (279,454)(58.2%) Membership/Subscriptions 145,757 134,697 11,060 7.6% Office Supplies 139,498 121,903 17,595 12.6% Materials 16,772,580 17,999,689 (1,227,109)(7.3%) Electricity 2,620,800 2,331,103 289,697 11.1% Water 707,086 609,208 97,878 13.8% Natural Gas 551,533 647,245 (95,712)(17.4%) Utilities 3,879,419 3,587,557 291,862 7.5% Contracted Services 20,386,394 21,123,055 (736,661)(3.6%) Snow Plowing 191,000 270,291 (79,291)(41.5%) Fees for Service 7,828,332 7,657,747 170,585 2.2% Contracted Services 28,405,726 29,051,093 (645,367)(2.3%) Rents and Financial Expenses 1,186,772 861,813 324,959 27.4% External Transfers 3,409,483 5,229,244 (1,819,761)(53.4%) Long Term Interest 2,245,086 2,245,086 0 0.0% Long Term Debt Principal 4,114,600 4,114,599 1 0.0% Debt Charges 6,359,686 6,359,684 2 0.0% Page 21 of 81 Page 165 of 484 Attachment 1 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% EXPENSES - continued Internal Rent 4,849,134 5,189,059 (339,925)(7.0%) Indirect Costs 275,000 275,000 0 0.0% To Capital/Capital SPR 6,434,870 6,341,096 93,774 1.5% To Reserve Funds 8,306,686 13,451,386 (5,144,700)(61.9%) To Special Purpose Reserves 421,017 1,050,541 (629,524)(149.5%) Internal Transfers 20,286,707 26,307,083 (6,020,376)(29.7%) TOTAL EXPENSES 153,064,724 161,987,222 (8,922,498)(5.8%) Surplus/(Deficit)0 (8,683)(8,683) Page 22 of 81 Page 166 of 484 Attachment 2 F-2024-01 April 30, 2024 MAYOR AND COUNCIL, COMMITTEES, BOARDS AND GRANTS Summaries Mayor and Councillors Committees Boards Grants The following responsibility centres are included in the above noted summaries: Mayor and Councillors 111000 - Mayor and Councillors 112000 - Office of the Mayor and Council Support Committees 113005 - Recreation Committee 113010 - Culture Committee 113015 - Committee of Adjustment 113030 - Park in the City 113035 - Mayor's Accessibility Advisory Committee 113050 - Mayor's Youth Advisory Committee 113060 - Senior Advisory Committee 113065 - Diversity & Inclusion Committee 113070 - Anti-Racism Committee 813000 - Municipal Heritage Committee Boards 361000 - Niagara District Airport Services 740000 - Library Services 821006 - Niagara Falls Illumination Board Grants 129001 - OPG Community Impact Agreement 129200 - Doctor Recruitment 511000 - Niagara Health Foundation 521000 - St. John's Ambulance Niagara - Water Patrol 610000 - Social Service Grants Page 23 of 81 Page 167 of 484 Attachment 2 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Mayor and Councillors Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Other Revenue 0 1,510 (1,510)N/A Miscellaneous Revenue 0 1,510 (1,510)N/A TOTAL REVENUE 0 1,510 (1,510)N/A EXPENSES Labour 592,169 595,320 (3,151)(0.5)% Employee Benefits Allocation 156,531 164,818 (8,287)(5.3)% Overtime 0 3,170 (3,170)N/A Labour and Benefits 748,700 763,308 (14,608)(2.0)% Materials 64,110 60,699 3,411 5.3% Advertising/News Release 15,000 10,636 4,364 29.1% Insurance Premiums 859 791 68 8.0% Conferences/Conventions 15,000 2,796 12,204 81.4% Membership/Subscriptions 22,125 22,142 (17)(0.1)% Office Supplies 13,000 10,961 2,039 15.7% Materials 130,094 108,024 22,070 17.0% Contracted Services 6,000 90,585 (84,585)(1409.8)%[1] External Transfers 60,000 90,554 (30,554)(50.9)%[2] TOTAL EXPENSES 944,794 1,052,471 (107,677)(11.4)% Surplus/(Deficit)(944,794)(1,050,961)(106,167)(11.2)% Page 24 of 81 Page 168 of 484 Attachment 2 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Committees Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES User Fees 168,800 176,560 (7,760)(4.6)% Donations 0 11,250 (11,250)N/A Sales 0 440 (440)N/A Other Revenue 9,600 33,221 (23,621)(246.1)%[3] Miscellaneous Revenue 178,400 221,471 (43,071)(24.1)% From Special Purpose Reserves 0 1,000 (1,000)N/A Internal Transfers 0 1,000 (1,000)N/A TOTAL REVENUE 178,400 222,471 (44,071)(24.7)% EXPENSES Labour 70,051 66,647 3,404 4.9% Employee Benefits Allocation 20,439 20,068 371 1.8% Overtime 0 284 (284)N/A Labour and Benefits 90,490 86,999 3,491 3.9% Materials 74,750 69,777 4,973 6.7% Professional Development 250 0 250 100.0% Advertising/News Release 800 0 800 100.0% Conferences/Conventions 3,800 2,994 806 21.2% Materials 79,600 72,771 6,829 8.6% Rents and Financial Expenses 80,000 67,250 12,750 15.9% External Transfers 0 2,999 (2,999)N/A To Special Purpose Reserves 0 5,336 (5,336)N/A [4] Internal Transfers 0 5,336 (5,336)N/A TOTAL EXPENSES 250,090 235,355 14,735 5.9% Surplus/(Deficit)(71,690)(12,883)58,807 82.0% Page 25 of 81 Page 169 of 484 Attachment 2 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Boards Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES From Special Purpose Reserves 138,363 0 138,363 100.0% From Capital SPR 0 119,915 (119,915)N/A Internal Transfers 138,363 119,915 18,448 13.3% TOTAL REVENUE 138,363 119,915 18,448 13.3% EXPENSES Fees for Service 5,304,080 5,285,400 18,680 0.4% Long Term Interest 14,095 14,095 (0)(0.0)% Long Term Debt Principal 108,662 108,662 0 0.0% Debt Charges 122,757 122,757 (0)(0.0)% TOTAL EXPENSES 5,426,837 5,408,157 18,680 0.3% Surplus/(Deficit)(5,288,474)(5,288,242)232 0.0% Page 26 of 81 Page 170 of 484 Attachment 2 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Grants Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES From Reserve Funds 75,000 0 75,000 100.0%[5] Internal Transfers 75,000 0 75,000 100.0% TOTAL REVENUE 75,000 0 75,000 100.0% EXPENSES Materials 375,000 90,725 284,275 75.8%[6] Goods for Resale 0 70 (70)N/A Materials 375,000 90,795 284,205 75.8% External Transfers 471,983 471,983 0 0.0% To Special Purpose Reserves 0 200,000 (200,000)N/A [7] Internal Transfers 0 200,000 (200,000)N/A TOTAL EXPENSES 846,983 762,778 84,205 9.9% Surplus/(Deficit)(771,983)(762,778)9,205 1.2% Page 27 of 81 Page 171 of 484 Attachment 3 F-2024-01 April 30, 2024 ADMINISTRATIVE SERVICES Summaries Chief Administrator's Office Clerks Services Human Resource Services Procurement Services Information Services Legal Services Risk Management Services Financial Services The following responsibility centres are included in the above noted summaries: Chief Administrator's Office 120000 - CAO and Support Clerks Services 115000 - Election Services 131010 - Clerks Services 190000 - Other General Government Services Human Resource Services 142005 - Labour and Employee Relations 142010 - Staffing and Compensation Services 142015 - Health, Safety and Wellness Services 142020 - Training and Development 142025 - Employee Benefits 142040 - Payroll Procurement Services 133015 - Procurement Services Information Services 143010 - Information Software Services 143020 - Information Hardware Services 143030 - Data Voice Communication Services Legal Services 124000 - Corporate Legal Services Risk Management Services 122015 - Risk Management Services Page 28 of 81 Page 172 of 484 Attachment 3 F-2024-01 April 30, 2024 ADMINISTRATIVE SERVICES - Continued Financial Services 123005 - Debt and Investment Services 123010 - Auditing Services 125005 - Taxation 125020 - Taxation Waste Management 125025 - Taxation Other Levy Charges 125030 - Taxation Payments in Lieu 125035 - Taxation Services for Fees 125050 - Taxation Capital Levy 129000 - Other Corporate Mgmt and Support 129004 - Municipal Accommodation Tax 133005 - Revenues and Receivables 133010 - Accounting and Reporting Page 29 of 81 Page 173 of 484 Attachment 3 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Chief Administrator's Office and Communications Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Sales 0 76,053 (76,053)N/A [8] Miscellaneous Revenue 0 76,053 (76,053)N/A Other Municipalities 0 452,372 (452,372)N/A [9] From Special Purpose Reserves 75,000 0 75,000 100.0%[10] Internal Transfers 75,000 0 75,000 100.0% TOTAL REVENUE 75,000 528,424 (453,424)(604.6%) EXPENSES Labour 1,138,022 864,646 273,376 24.0% Employee Benefits Allocation 268,457 214,893 53,564 20.0% Overtime 0 665 (665)N/A Labour and Benefits 1,406,479 1,080,205 326,274 23.2%[11] Materials 31,500 36,667 (5,167)(16.4%) Advertising/News Release 98,000 87,301 10,699 10.9% Conferences/Conventions 19,500 12,318 7,182 36.8% Membership/Subscriptions 5,685 6,913 (1,228)(21.6%) Office Supplies 2,500 2,329 171 6.8% Materials 157,185 145,528 11,657 7.4% Contracted Services 88,950 131,049 (42,099)(47.3%) Rents and Financial Expenses 0 1,037 (1,037)N/A External Transfers 75,000 0 75,000 100.0%[10] To Capital SPR 0 111,053 (111,053)N/A [9] To Special Purpose Reserves 0 350,000 (350,000)N/A [9] Internal Transfers 0 461,053 (461,053)N/A Total Expenses 1,727,614 1,818,872 (91,258)(5.3%) Surplus/(Deficit)(1,652,614)(1,290,448)362,166 21.9% Page 30 of 81 Page 174 of 484 Attachment 3 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Clerks Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Licences 250,000 310,859 (60,859)(24.3%)[12] User Fees 12,500 73,286 (60,786)(486.3%)[13] Micellaneous Revenue 262,500 384,145 (121,645)(46.3%) From Special Purpose Reserves 220,000 287,914 (67,914)(30.9%)[14] TOTAL REVENUE 482,500 672,059 (189,559)(39.3%) EXPENSES Labour 636,929 628,010 8,919 1.4% Employee Benefits Allocation 186,072 162,167 23,905 12.8% Overtime 10,000 8,230 1,770 17.7% Labour and Benefits 833,001 798,406 34,595 4.2% Materials 287,000 340,143 (53,143)(18.5%)[14] Professional Development 3,500 2,908 592 16.9% Advertising/News Release 2,500 1,500 1,000 40.0% Conferences/Conventions 3,400 2,007 1,393 41.0% Membership/Subscriptions 1,000 620 380 38.0% Office Supplies 4,200 11,883 (7,683)(182.9%) Materials 301,600 359,060 (57,460)(19.1%) Contracted Services 68,000 68,753 (753)(1.1%) Rents and Financial Expenses 100,805 121,562 (20,757)(20.6%) Total Expenses 1,303,406 1,347,782 (44,376)(3.4%) Surplus/(Deficit)(820,906)(675,723)145,183 17.7% Page 31 of 81 Page 175 of 484 Attachment 3 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Human Resource Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Other Revenue 150,000 0 150,000 100.0%[15] TOTAL REVENUE 150,000 0 150,000 100.0% EXPENSES Labour 2,136,337 1,851,544 284,793 13.3% Employee Benefits Allocation 1,231,701 1,438,122 (206,421)(16.8%) Overtime 500 338 163 32.5% Labour and Benefits 3,368,538 3,290,004 78,534 2.3% Materials 126,000 86,136 39,864 31.6% Professional Development 70,000 62,394 7,606 10.9% Conferences/Conventions 4,000 1,601 2,399 60.0% Membership/Subscriptions 3,200 3,255 (55)(1.7%) Office Supplies 4,200 7,594 (3,394)(80.8%) Materials 207,400 160,980 46,420 22.4% Contracted Services 187,000 183,794 3,206 1.7% H&S Compliance 5,000 2,919 2,081 41.6% Contracted Services 192,000 186,713 5,287 2.8% Rents and Financial Expenses 0 30 (30)N/A Total Expenses 3,767,938 3,637,726 130,212 3.5% Surplus/(Deficit)(3,617,938)(3,637,726)(19,788)(0.5%) Page 32 of 81 Page 176 of 484 Attachment 3 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Procurement Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% EXPENSES Labour 525,359 517,543 7,816 1.5% Employee Benefits Allocation 152,150 129,153 22,997 15.1% Overtime 16,000 7,943 8,057 50.4% Labour and Benefits 693,509 654,639 38,870 5.6% Materials 26,000 11,411 14,589 56.1% Professional Development 1,000 370 630 63.0% Conferences/Conventions 2,000 0 2,000 100.0% Membership/Subscriptions 700 455 245 35.0% Office Supplies 2,000 703 1,297 64.8% Materials 31,700 12,940 18,760 59.2% Contracted Services 360 194 166 46.2% Internal Rent 9,416 5,856 3,560 37.8% Total Expenses 734,985 673,629 61,356 8.3% Surplus/(Deficit)(734,985)(673,629)61,356 8.3% Page 33 of 81 Page 177 of 484 Attachment 3 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Information Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Other Revenue 15,000 12,804 2,196 14.6% Miscellaneous Revenue 15,000 12,804 2,196 14.6% TOTAL REVENUE 15,000 12,804 2,196 14.6% EXPENSES Labour 1,285,477 1,209,572 75,905 5.9% Employee Benefits Allocation 356,302 332,448 23,854 6.7% Labour and Benefits 1,641,779 1,542,020 99,759 6.1%[16] Materials 2,051,450 1,911,531 139,919 6.8%[17] Professional Development 10,000 5,294 4,706 47.1% Conferences/Conventions 3,500 4,792 (1,292)(36.9%) Membership/Subscriptions 1,500 689 811 54.1% Office Supplies 1,500 611 889 59.3% Materials 2,067,950 1,922,916 145,034 7.0% Contracted Services 250 0 250 100.0% Rents and Financial Expenses 47,620 52,079 (4,459)(9.4%) Total Expenses 3,757,599 3,517,015 240,584 6.4% Surplus/(Deficit)(3,742,599)(3,504,211)238,388 6.4% Page 34 of 81 Page 178 of 484 Attachment 3 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Legal Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES User Fees 82,000 90,277 (8,277)(10.1%) Miscellaneous Revenue 82,000 90,277 (8,277)(10.1%) TOTAL REVENUE 82,000 90,277 (8,277)(10.1%) EXPENSES Labour 494,312 470,248 24,064 4.9% Employee Benefits Allocation 121,667 121,774 (107)(0.1%) Overtime 0 5,296 (5,296)N/A Labour and Benefits 615,979 597,317 18,662 3.0% Materials 37,000 53,623 (16,623)(44.9%) Professional Development 2,000 51 1,949 97.5% Conferences/Conventions 2,500 3,974 (1,474)(58.9%) Membership/Subscriptions 15,000 25,732 (10,732)(71.5%) Office Supplies 4,500 2,808 1,692 37.6% Materials 61,000 86,188 (25,188)(41.3%) Contracted Services 323,500 408,748 (85,248)(26.4%)[18] Total Expenses 1,000,479 1,092,253 (91,774)(9.2%) Surplus/(Deficit)(918,479)(1,001,976)(83,497)(9.1%) Page 35 of 81 Page 179 of 484 Attachment 3 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Risk Management Services Summary Budget Actuals (Over)/Under Budget N/A 2022 2022 $% EXPENSES Labour 164,778 133,547 31,231 19.0% Employee Benefits Allocation 44,838 35,952 8,886 19.8% Labour and Benefits 209,616 169,500 40,116 19.1% Materials 500,000 301,788 198,212 39.6%[19] Insurance Premiums 202,679 238,210 (35,531)(17.5%) Membership/Subscriptions 400 468 (68)(17.0%) Materials 703,079 540,467 162,612 23.1% Contracted Services 90,000 81,484 8,516 9.5% Total Expenses 1,002,695 791,451 211,244 21.1% Surplus/(Deficit)(1,002,695)(791,451)(211,244)(21.1%) Page 36 of 81 Page 180 of 484 Attachment 3 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Taxation City General/Urban Service 77,154,865 78,039,041 (884,176)(1.1%)[20] Taxation Capital Levy 749,859 756,752 (6,893)(0.9%)[20] Taxation Waste Management 8,362,504 8,457,743 (95,239)(1.1%)[21] Taxation Write Offs (1,325,000)(1,455,108)130,108 (9.8%)[22] Taxation Other Charges 1,150 150 1,000 87.0% Payment in Lieu of Taxation 7,291,411 7,434,942 (143,531)(2.0%) Taxation 92,234,789 93,233,520 (998,731)(1.1%) Provincial Grants 401,100 401,100 0 0.0% Grants 401,100 401,100 0 0.0% Casino 13,800,000 18,944,700 (5,144,700)(37.3%)[23] Investments 1,570,600 2,264,161 (693,561)(44.2%)[24] Licences 44,365 46,830 (2,465)(5.6%) Other Revenue 3,719,250 5,663,202 (1,943,952)(52.3%)[25] Penalties and Interest 1,636,000 2,382,409 (746,409)(45.6%)[26] Provincial Offences Act 124,617 30,335 94,282 75.7%[27] User Fees 235,000 187,823 47,177 20.1% Miscellaneous Revenue 21,129,832 29,519,460 (8,389,628)(39.7%) From Special Purpose Reserves 150,000 2,609,352 (2,459,352)(1639.6%)[28] From Reserve Funds 6,526,631 0 6,526,631 100.0%[28] From City Operating (Indirect Costs)590,384 590,384 0 0.0% Internal Transfers 7,267,015 3,199,736 4,067,279 56.0% TOTAL REVENUE 121,032,736 126,353,817 (5,321,081)(4.4%) Financial Services Summary Page 37 of 81 Page 181 of 484 Attachment 3 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% EXPENSES Labour 1,642,799 1,648,265 (5,466)(0.3%) Employee Benefits Allocation 469,691 465,855 3,836 0.8% Overtime 750 525 225 30.0% Labour and Benefits 2,113,240 2,114,645 (1,405)(0.1%) Materials 21,900 26,785 (4,885)(22.3%) Professional Development 2,500 1,320 1,180 47.2% Conferences/Conventions 8,350 6,287 2,063 24.7% Membership/Subscriptions 8,025 5,414 2,611 32.5% Office Supplies 19,800 20,536 (736)(3.7%) Materials 60,575 60,342 233 0.4% Contracted Services 8,570,513 8,657,964 (87,451)(1.0%)[21] Rents and Financial Expenses 82,200 (14,452)96,652 117.6%[29] External Transfers 2,802,500 4,072,221 (1,269,721)(45.3%)[25] To Capital/To Capital SPR 4,200,000 4,204,474 (4,474)(0.1%) To Reserve Funds 8,306,686 13,451,386 (5,144,700)(61.9%)[23] To Special Purpose Reserves 421,017 237,681 183,337 43.5%[30] Internal Transfers 12,927,703 17,893,540 (4,965,837)(38.4%) Total Expenses 26,556,731 32,784,261 (6,227,530)(23.4%) Surplus/(Deficit)94,476,005 93,569,556 (906,449)(1.0%) Financial Services Summary - continued Page 38 of 81 Page 182 of 484 Attachment 4 F-2024-01 April 30, 2024 FIRE AND CASINO POLICING SERVICES Summaries Fire Services Casino Policing Services The following responsibility centres are included in the above noted summaries: Fire Services 211000 - Fire Suppression Services 212000 - Fire Training Services 213000 - Fire Prevention Services 213001 - Fire - Public Education 214000 - Fire Communication Services 215000 - Fire Facilities 219000 - Fire Other Services 219003 - Fire - Training Outside Groups 230000 - Emergency Measures Casino Policing Services 220000 - Policing Page 39 of 81 Page 183 of 484 Attachment 4 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Fire Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Donations 0 1,850 (1,850)N/A Sales 10,000 9,410 590 5.9% Other Revenue 0 31,721 (31,721)N/A [31] User Fees 24,000 61,115 (37,115)(154.6)%[32] Miscellaneous Revenue 34,000 104,096 (70,096)(206.2)% From Development Charges 485,789 485,789 0 0.0% Internal Transfers 485,789 485,789 0 0.0% TOTAL REVENUE 519,789 589,884 (70,095)(13.5)% Page 40 of 81 Page 184 of 484 Attachment 4 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Fire Services Summary - continued Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% EXPENSES Labour 17,559,629 17,480,075 79,554 0.5% Employee Benefits Allocation 3,874,792 3,953,960 (79,168)(2.0)% Overtime 1,581,500 2,254,335 (672,835)(42.5)%[33] Labour and Benefits 23,015,921 23,688,371 (672,450)(2.9)% Materials 1,336,011 1,604,279 (268,268)(20.1)%[34] Professional Development 65,100 41,263 23,837 36.6% Insurance Premiums 85,265 78,350 6,915 8.1% Conferences/Conventions 25,800 19,256 6,544 25.4% Goods for Resale 10,000 3,536 6,464 64.6% Membership/Subscriptions 9,800 7,350 2,450 25.0% Office Supplies 12,500 2,489 10,011 80.1% Electricity 99,500 94,860 4,640 4.7% Water 24,030 25,030 (1,000)(4.2)% Natural Gas 44,600 48,549 (3,949)(8.9)% Materials 1,712,606 1,924,961 (212,355)(12.4)% Contracted Services 129,800 172,334 (42,534)(32.8)%[34] Snow Plowing 15,000 26,926 (11,926)(79.5)%[35] Contracted Services 144,800 199,260 (54,460)(37.6)% Rents and Financial Expenses 186,205 182,568 3,637 2.0% Long Term Interest 249,219 249,220 (1)(0.0)% Long Term Debt Principal 236,569 236,569 0 0.0% Debt Charges 485,788 485,789 (1)(0.0)% To Capital SPR 6,690 0 6,690 100.0% Internal Rent 1,088,085 1,193,754 (105,669)(9.7)%[36] Internal Transfers 1,094,775 1,193,754 (98,979)(9.0)% TOTAL EXPENSES 26,640,095 27,674,702 (1,034,607)(3.9)% Surplus/(Deficit)(26,120,306)(27,084,818)(964,512)(3.7)% Page 41 of 81 Page 185 of 484 Attachment 4 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Casino Policing Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES From Reserve Funds 0 3,410,046 (3,410,046)N/A From Special Purpose Reserves 2,520,000 0 2,520,000 100.0% Internal Transfers 2,520,000 3,410,046 (890,046)(35.3)% TOTAL REVENUE 2,520,000 3,410,046 (890,046)(35.3)%[37] EXPENSES Contracted Services 2,520,000 3,410,046 (890,046)(35.3)% TOTAL EXPENSES 2,520,000 3,410,046 (890,046)(35.3)%[37] Surplus/(Deficit)0 0 0 N/A Page 42 of 81 Page 186 of 484 Attachment 5 F-2024-01 April 30, 2024 MUNICIPAL WORKS SERVICES Summaries Roadway Services Winter Control Services Street Lighting Services Engineering Services Fleet Services Storm Sewer Services The following responsibility centres are included in the above noted summaries: Roadway Services 311000 - Paved Surface Maint Roadway 312000 - Unpaved Surface Maint Roadway 313000 - Sidewalk Maint Roadway 314000 - Rural Storm Sewer Maintenance 315000 - Roadside Maintenance 316000 - Forestry 317000 - Bridges and Culverts 319000 - Other Roadway Services Winter Control Services 321000 - Paved Surface Maint Winter Control 323000 - Sidewalk Maint Winter Control Streetlighting Services 351000 - Street Lighting Maint Services Engineering Services 371010 - Engineering Administration Services 371040 - Infrastructure Services 372000 - Development Services 373000 - Engineering, Project and Construction Services Fleet Services 374000 - Fleet Services Storm Sewer Maintenance Services 421000 - Storm Sewer System Maintenance Services Page 43 of 81 Page 187 of 484 Attachment 5 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Roadway Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Grants 55,000 83,492 (28,492)(51.8)% Other Revenue 110,000 9,028 100,972 91.8%[38] User Fees 38,000 28,992 9,008 23.7% Miscellaneous Revenue 148,000 38,020 109,980 74.3% TOTAL REVENUE 203,000 121,511 81,489 40.1% Page 44 of 81 Page 188 of 484 Attachment 5 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Roadway Services Summary - continued Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% EXPENSES Labour 3,831,899 4,408,725 (576,826)(15.1)% Employee Benefits Allocation 1,052,557 1,082,373 (29,816)(2.8)% Overtime 96,500 123,711 (27,211)(28.2)% Labour and Benefits 4,980,956 5,614,809 (633,853)(12.7)%[39] Materials 504,358 527,753 (23,395)(4.6)% Professional Development 15,200 11,812 3,388 22.3% Insurance Premiums 670,668 617,347 53,321 8.0% Conferences/Conventions 2,500 3,527 (1,027)(41.1)% Membership/Subscriptions 2,275 1,485 790 34.7% Office Supplies 6,000 7,739 (1,739)(29.0)% Water 8,790 4,194 4,596 52.3% Materials 1,209,791 1,173,857 35,934 3.0% Contracted Services 1,320,250 1,110,031 210,219 15.9%[40] Rents and Financial Expenses 102,600 77,527 25,073 24.4% Internal Rent 1,323,860 1,462,539 (138,679)(10.5)%[41] To CSPR (Debt Placeholder)69,664 0 69,664 100.0%[42] Internal Transfers 1,393,524 1,462,539 (69,015)(5.0)% TOTAL EXPENSES 9,007,121 9,438,762 (431,641)(4.8)% Surplus/(Deficit)(8,804,121)(9,317,251)(513,130)5.8% Page 45 of 81 Page 189 of 484 Attachment 5 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Winter Control Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Other Revenue 35,000 43,813 (8,813)(25.2)% TOTAL REVENUE 35,000 43,813 (8,813)(25.2)% EXPENSES Labour 1,374,490 1,128,146 246,344 17.9% Employee Benefits Allocation 428,357 284,725 143,632 33.5% Overtime 145,000 188,450 (43,450)(30.0)% Labour and Benefits 1,947,847 1,601,321 346,526 17.8%[43] Materials 717,150 794,282 (77,132)(10.8)%[44] Professional Development 32,000 29,290 2,710 8.5% Materials 749,150 823,572 (74,422)(9.9)% Contracted Services 411,100 587,740 (176,640)(43.0)%[45] Rents and Financial Expenses 155,975 155,799 176 0.1% Internal Rent 1,196,179 1,296,193 (100,014)(8.4)%[46] Internal Transfers 1,196,179 1,296,193 (100,014)(8.4)% TOTAL EXPENSES 4,460,251 4,464,624 (4,373)(0.1)% Surplus/(Deficit)(4,425,251)(4,420,811)4,440 (0.1)% Page 46 of 81 Page 190 of 484 Attachment 5 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Streetlighting Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Other Municipalities 0 1,355 (1,355)N/A Other Revenue 24,000 76,389 (52,389)(218.3)%[47] Miscellaneous Revenue 24,000 76,389 (52,389)(218.3)% TOTAL REVENUE 24,000 77,744 (53,744)(223.9)% EXPENSES Materials 27,500 5,756 21,744 79.1% Electricity 754,600 663,910 90,690 12.0% Materials 782,100 669,666 112,434 14.4%[48] Contracted Services 517,000 425,978 91,022 17.6%[49] Long Term Interest 14,876 14,875 1 0.0% Long Term Debt Principal 147,101 147,101 0 0.0% Debt Charges 161,977 161,976 1 0.0% TOTAL EXPENSES 1,461,077 1,257,619 203,458 13.9% Surplus/(Deficit)(1,437,077)(1,179,875)257,202 (17.9)% Page 47 of 81 Page 191 of 484 Attachment 5 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Engineering Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Other Revenue 1,328,500 395,910 932,590 70.2%[50] User Fees 1,000 37,560 (36,560)(3656.0)% Miscellaneous Revenue 1,329,500 433,470 896,030 67.4% From Capital SPRs 0 37,500 (37,500)N/A From Special Purpose Reserves 0 422,971 (422,971)N/A [50] Internal Transfers 0 460,471 (460,471)N/A TOTAL REVENUE 1,329,500 893,941 435,559 32.8% EXPENSES Labour 1,333,265 1,226,945 106,320 8.0% Employee Benefits Allocation 405,659 335,736 69,923 17.2% Overtime 33,890 22,462 11,428 33.7% Labour and Benefits 1,772,814 1,585,143 187,671 10.6%[51] Materials 38,040 20,743 17,297 45.5% Professional Development 25,000 6,035 18,965 75.9% Conferences/Conventions 18,300 10,470 7,830 42.8% Membership/Subscriptions 15,960 8,283 7,677 48.1% Office Supplies 7,000 7,020 (20)(0.3)% Materials 104,300 52,551 51,749 49.6% Contracted Services 700,000 228,623 471,377 67.3%[50] Internal Rent 106,809 99,450 7,359 6.9% To Capital 50,174 0 50,174 100.0%[52] To Special Purpose Reserves 0 32,525 (32,525)N/A [53] Internal Transfers 156,983 131,975 25,008 15.9% TOTAL EXPENSES 2,734,097 1,998,291 735,806 26.9% Surplus/(Deficit)(1,404,597)(1,104,350)300,247 (21.4)% Page 48 of 81 Page 192 of 484 Attachment 5 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Fleet Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Sales 0 9,492 (9,492)N/A Other Revenue 0 1,074 (1,074)N/A Miscellaneous Revenue 0 10,565 (10,565)N/A From City Operating (Internal Rent)5,594,743 5,920,777 (326,034)(5.8)% TOTAL REVENUE 5,594,743 5,931,342 (336,599)(6.0)% EXPENSES Labour 1,163,105 1,041,214 121,891 10.5% Employee Benefits Allocation 345,024 297,152 47,872 13.9% Overtime 30,000 18,822 11,178 37.3% Labour and Benefits 1,538,129 1,357,189 180,940 11.8%[54] Materials 1,482,300 2,106,874 (624,574)(42.1)%[55] Professional Development 8,000 1,936 6,064 75.8% Insurance Premiums 208,976 175,710 33,266 15.9% Membership/Subscriptions 3,300 1,354 1,946 59.0% Office Supplies 300 961 (661)(220.3)% Materials 1,702,876 2,286,836 (583,960)(34.3)% Contracted Services 299,500 245,716 53,784 18.0% Rents and Financial Expenses 28,800 7,855 20,945 72.7% Internal Rent 183,072 204,871 (21,799)(11.9)% To Capital SPR 1,842,366 1,828,875 13,491 0.7% Internal Transfers 2,025,438 2,033,746 (8,308)(0.4)% TOTAL EXPENSES 5,594,743 5,931,342 (336,599)(6.0)% Surplus/(Deficit)0 0 (0)N/A Page 49 of 81 Page 193 of 484 Attachment 5 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Storm Sewer Maintenance Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES From Development Charges 1,663 737 926 55.7% Internal Transfers 1,663 737 926 55.7% TOTAL REVENUE 1,663 737 926 55.7% EXPENSES Labour 204,241 178,074 26,167 12.8% Employee Benefits Allocation 59,990 52,165 7,826 13.0% Overtime 2,500 277 2,223 88.9% Labour and Benefits 266,731 230,515 36,216 13.6% Materials 33,500 66,203 (32,703)(97.6)%[56] Contracted Services 182,850 210,768 (27,918)(15.3)%[57] Rents and Financial Expenses 3,500 972 2,528 72.2% Internal Rent 47,770 64,193 (16,423)(34.4)% Internal Transfers 47,770 64,193 (16,423)(34.4)% TOTAL EXPENSES 534,351 572,651 (38,300)(7.2)% Surplus/(Deficit)(532,688)(571,914)(39,226)7.4% Page 50 of 81 Page 194 of 484 Attachment 6 F-2024-01 April 30, 2024 MUNICIPAL WORKS - PARKS AND ATHLETIC FIELDS Summaries Parks and Athletic Fields The following responsibility centres are included in the above noted summaries: Parks and Fields 711000 - Parks Grounds Maintenance Services 713000 - Athletic Fields Maintenance Services 763000 - Landscape Design Services Page 51 of 81 Page 195 of 484 Attachment 6 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Parks and Athletic Fields Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Licences 3,000 0 3,000 100.0% Other Revenue 25,000 24,201 799 3.2% User Fees 42,750 36,581 6,169 14.4% Miscellaneous Revenue 70,750 60,782 9,968 14.1% TOTAL REVENUE 70,750 60,782 9,968 14.1% Page 52 of 81 Page 196 of 484 Attachment 6 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Parks and Athletic Fields Summary - continued Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% EXPENSES Labour 1,148,744 1,199,519 (50,775)(4.4)% Employee Benefits Allocation 340,639 266,895 73,744 21.6% Overtime 30,000 49,563 (19,563)(65.2)% Labour and Benefits 1,519,383 1,515,977 3,406 0.2% Materials 280,968 214,407 66,561 23.7%[58] Professional Development 6,000 0 6,000 100.0% Insurance Premiums 45,584 45,980 (396)(0.9)% Membership/Subscriptions 6,275 3,366 2,909 46.4% Office Supplies 250 0 250 100.0% Materials 339,077 263,754 75,323 22.2% Electricity 61,700 73,214 (11,514)(18.7)% Water 195,580 216,636 (21,056)(10.8)% Natural Gas 3,400 3,231 169 5.0% Utilities 260,680 293,080 (32,400)(12.4)% Contracted Services 327,250 413,550 (86,300)(26.4)%[59] Fees for Service 30,000 30,000 0 0.0% Contracted Services 357,250 443,550 (86,300)(24.2)% Rents and Financial Expenses 12,146 21,205 (9,059)(74.6)% Internal Rent 263,181 252,613 10,568 4.0% To Capital SPR 69,309 0 69,309 100.0%[60] Internal Transfers 332,490 252,613 79,877 24.0% TOTAL EXPENSES 2,821,026 2,790,179 30,847 1.1% Surplus/(Deficit)(2,750,276)(2,729,398)20,878 0.8% Page 53 of 81 Page 197 of 484 Attachment 7 F-2024-01 April 30, 2024 MUNICIPAL WORKS - TRANSPORTATION SERVICES Summaries Transportation Services The following responsibility centres are included in the above noted summaries: Transportation Services 342010 - Traffic Control Services 342015 - Traffic Signs 342020 - Traffic Signals 342025 - Railway Maintenance Page 54 of 81 Page 198 of 484 Attachment 7 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Transportation Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Other Revenue 28,200 75,310 (47,110)(167.1)%[61] Permits 2,000 1,858 142 7.1% Miscellaneous Revenue 30,200 77,168 (46,968)(155.5)% TOTAL REVENUE 30,200 77,168 (46,968)(155.5)% EXPENSES Labour 1,297,138 1,230,018 67,120 5.2%[62] Employee Benefits Allocation 241,696 252,374 (10,678)(4.4)% Overtime 14,200 16,451 (2,251)(15.9)% Labour and Benefits 1,553,034 1,498,842 54,192 3.5% Materials 156,480 127,953 28,527 18.2% Professional Development 7,423 6,215 1,208 16.3% Conferences/Conventions 4,500 147 4,353 96.7% Membership/Subscriptions 3,350 3,902 (552)(16.5)% Materials 171,753 138,217 33,536 19.5% Electricity 38,800 45,843 (7,043)(18.2)% Utilities 38,800 45,843 (7,043)(18.2)% Contracted Services 564,201 518,540 45,661 8.1%[63] Internal Rent 84,878 81,618 3,260 3.8% Internal Transfers 84,878 81,618 3,260 3.8% TOTAL EXPENSES 2,412,666 2,283,059 129,607 5.4% Surplus/(Deficit)(2,382,466)(2,205,891)176,575 7.4% Page 55 of 81 Page 199 of 484 Attachment 8 F-2024-01 April 30, 2024 TRANSIT SERVICES Summaries Transit Services The following responsibility centres are included in the above noted summaries: Transit Services 331000 - Transit Maintenance 331500 - Transit Outside Services 332000 - Transit Operations 333000 - Chair-A-Van Services 335000 - Transit Facilities 336000 - Inter-Municipal Transit 336500 - WEGO Transportation System 339000 - Transit Administration Page 56 of 81 Page 200 of 484 Attachment 8 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Transit Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Provincial Grants 0 1,180,637 (1,180,637)N/A [64] Other Municipalities 2,883,208 3,152,682 (269,474)(9.3%)[65] Other Revenue 1,624,515 1,772,590 (148,075)(9.1%)[66] Rents 28,164 28,164 (0)(0.0%) Sales 456,425 732,913 (276,488)(60.6%)[67] User Fees 1,440,500 2,123,791 (683,291)(47.4%)[68] Miscellaneous Revenue 3,549,604 4,657,458 (1,107,854)(31.2%) From Reserve Funds 1,525,640 1,525,640 0 0.0% From Special Purpose Reserves 0 57,624 (57,624)N/A [69] From Gas Tax Reserve Fund 2,586,974 2,586,974 0 0.0% Internal Transfers 4,112,614 4,170,238 (57,624)(1.4%) TOTAL REVENUE 10,545,426 13,161,015 (2,615,589)(24.8%) Page 57 of 81 Page 201 of 484 Attachment 8 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Transit Services Summary - continued Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% EXPENSES Labour 8,061,708 8,530,289 (468,581)(5.8%) Employee Benefits Allocation 2,606,752 3,133,444 (526,692)(20.2%) Overtime 115,000 76,546 38,454 33.4% Labour and Benefits 10,783,460 11,740,279 (956,819)(8.9%)[70] Materials 3,339,976 4,690,194 (1,350,218)(40.4%)[71] Professional Development 55,000 25,591 29,409 53.5% Advertising/News Release 27,000 14,541 12,459 46.1% Insurance Premiums 1,167,124 1,022,955 144,169 12.4%[72] Conferences/Conventions 1,500 1,009 491 32.8% Goods for Resale 445,323 716,866 (271,543)(61.0%)[67] Membership/Subscriptions 12,150 11,041 1,109 9.1% Office Supplies 9,000 10,937 (1,937)(21.5%) Materials 5,057,073 6,493,134 (1,436,061)(28.4%) Electricity 287,700 218,647 69,053 24.0% Water 39,860 42,991 (3,131)(7.9%) Natural Gas 111,000 154,364 (43,364)(39.1%) Utilities 438,560 416,003 22,557 5.1% Contracted Services 1,206,200 1,176,147 30,053 2.5% H & S Compliance 3,500 0 3,500 100.0% Snow Plowing 40,000 54,234 (14,234)(35.6%) Fees for Service 514,701 625,132 (110,431)(21.5%)[69] Contracted Services 1,764,401 1,855,513 (91,112)(5.2%) Rents and Financial Expenses 43,900 36,780 7,120 16.2% Long Term Interest 80,361 80,361 (0)(0.0%) Long Term Debt Principal 309,013 309,013 0 0.0% Debt Charges 389,374 389,374 0 0.0% To Capital 196,667 196,667 0 0.0% To Special Purpose Reserves 0 140,000 (140,000)N/A [72] Internal Transfers 196,667 336,667 (140,000)(71.2%) TOTAL EXPENSES 18,673,435 21,267,750 (2,594,315)(13.9%) Surplus/(Deficit)(8,128,009)(8,106,736)21,273 0.3% Page 58 of 81 Page 202 of 484 Attachment 9 F-2024-01 April 30, 2024 RECREATION, CULTURE AND FACILITIES SERVICES Summaries Recreation Programs Civic Facilities Recreation Facilities Museum and Culture Services The following responsibility centres are included in the above noted summaries: Recreation Programs 723000 - Pools Programs Outdoor 723100 - Pools Programs MacBain 724001 - Older Adult (60+) Programs 724002 - MacBain Community Centre Programming 724501 - Coronation Centre Café 729000 - Other Recreation Programs 729006 - Sports Wall of Fame 729013 - Special Events 761000 - Recreation and Culture Services Civic Facilities Services 375000 - Facilities Services Admin 375002 - City Hall Facility 375003 - Service Centre Facility 375004 - Wayne Thomson Building Recreation Facilities 732003 - Chippawa Arena 732004 - Gale Centre 733000 - Pools Maintenance Services Outdoor 734001 - Older Adults (60+) Maint Services 734002 - MacBain Community Centre Maint Services 739000 - Other Recreation Facilities Services Museum and Culture Services 724004 - Niagara Falls Exchange Programming 734003 - Niagara Falls Exchange Maint Services 752000 - Museums Facility Maintenance 752001 - Museum Services Programming 752002 - Niagara Falls Armoury Page 59 of 81 Page 203 of 484 Attachment 9 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Recreation Programs Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Federal Grants 0 45,000 (45,000)N/A [73] Provincial Grants 42,700 77,959 (35,259)(82.6%)[74] Other Municipalities 0 7,235 (7,235)N/A Grants 42,700 130,193 (87,493)(204.9%) Café Sales 0 43 (43)N/A Donations 20,000 3,000 17,000 85.0%[73] Other Revenue 2,312 55,724 (53,412)(2310.2%)[75] Rents 8,856 0 8,856 100.0%[76] Sales 3,130 2,916 214 6.8% User Fees 418,158 350,829 67,329 16.1%[77] Miscellaneous Revenue 452,456 412,513 39,943 8.8% From Special Purpose Reserves 59,000 0 59,000 100.0%[75] Internal Transfers 59,000 0 59,000 100.0% TOTAL REVENUE 554,156 542,706 11,450 2.1% Page 60 of 81 Page 204 of 484 Attachment 9 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Recreation Programs Summary - continued Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% EXPENSES Labour 1,873,127 1,706,533 166,594 8.9% Employee Benefits Allocation 447,805 381,794 66,011 14.7% Overtime 13,500 21,468 (7,968)(59.0%) Labour and Benefits 2,334,432 2,109,795 224,637 9.6%[78] Materials 175,975 142,463 33,512 19.0%[79] Professional Development 1,000 4,232 (3,232)(323.2%) Advertising/News Release 2,000 0 2,000 100.0% Insurance Premiums 2,205 1,392 813 36.9% Conferences/Conventions 12,500 437 12,063 96.5% Membership/Subscriptions 3,475 2,411 1,064 30.6% Goods for Resale 1,000 112 888 88.8% Office Supplies 19,448 11,578 7,870 40.5% Materials 217,603 162,625 54,978 25.3% Contracted Services 85,600 101,261 (15,661)(18.3%) Fees for Service 271,749 266,249 5,500 2.0% Contracted Services 357,349 367,510 (10,161)(2.8%) Rents and Financial Expenses 26,676 16,727 9,949 37.3% To Special Purpose Reserves 0 5,000 (5,000)N/A Internal Transfers 0 5,000 (5,000)N/A TOTAL EXPENSES 2,936,060 2,661,656 274,404 9.3% Surplus/(Deficit)(2,381,904)(2,118,950)262,954 11.0% Page 61 of 81 Page 205 of 484 Attachment 9 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Other Municipalities 0 10,143 (10,143)N/A [80] Other Revenue 0 1,496 (1,496)N/A Rents 83,993 83,121 872 1.0% Miscellaneous Revenue 83,993 84,617 (624)(0.7%) TOTAL REVENUE 83,993 94,760 (10,767)(12.8%) Civic Facilities Summary Page 62 of 81 Page 206 of 484 Attachment 9 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% EXPENSES Labour 875,080 751,560 123,520 14.1% Employee Benefits Allocation 252,074 219,110 32,964 13.1% Overtime 5,000 2,826 2,174 43.5% Labour and Benefits 1,132,154 973,496 158,658 14.0%[81] Materials 105,700 88,786 16,914 16.0% Professional Development 1,000 1,192 (192)(19.2%) Insurance Premiums 5,864 5,456 408 7.0% Membership/Subscriptions 1,407 458 949 67.5% Office Supplies 1,200 329 871 72.6% Materials 115,171 96,221 18,950 16.5% Electricity 201,800 190,495 11,305 5.6% Water 30,370 28,423 1,947 6.4% Natural Gas 52,000 75,210 (23,210)(44.6%) Utilities 284,170 294,128 (9,958)(3.5%) Contracted Services 443,610 600,055 (156,445)(35.3%)[82] H&S Compliance 10,500 0 10,500 100.0% Snow Plowing 12,000 12,822 (822)(6.8%) Contracted Services 466,110 612,877 (146,767)(31.5%) Long Term Interest 199,938 199,938 0 0.0% Long Term Debt Principal 885,924 885,924 0 0.0% Debt Charges 1,085,862 1,085,861 1 0.0% Internal Rent 49,678 52,499 (2,821)(5.7%) Internal Transfers 49,678 52,499 (2,821)(5.7%) TOTAL EXPENSES 3,133,145 3,115,082 18,063 0.6% Surplus/(Deficit)(3,049,152)(3,020,321)28,831 0.9% Civic Facilities Summary - continued Page 63 of 81 Page 207 of 484 Attachment 9 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Recreation Facilities Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Other Municipalities 0 27,990 (27,990)N/A [83] Other Revenue 63,051 27,618 35,433 56.2% Rents 195,188 136,877 58,311 29.9% User Fees 1,635,000 1,500,443 134,557 8.2% Miscellaneous Revenue 1,893,239 1,664,938 228,301 12.1%[84] From Development Charges 989,637 989,637 (0)(0.0%) From Capital SPRs 0 451,997 (451,997)N/A [85] Internal Transfers 989,637 1,441,635 (451,998)(45.7%) TOTAL REVENUE 2,882,876 3,134,563 (251,687)(8.7%) Page 64 of 81 Page 208 of 484 Attachment 9 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Recreation Facilities Summary - continued Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% EXPENSES Labour 1,679,070 1,659,318 19,752 1.2% Employee Benefits Allocation 505,781 437,206 68,575 13.6% Overtime 74,000 93,311 (19,311)(26.1%) Labour and Benefits 2,258,851 2,189,835 69,016 3.1% Materials 188,150 219,247 (31,097)(16.5%) Professional Development 8,000 8,750 (750)(9.4%) Advertising/News Release 3,000 3,181 (181)(6.0%) Insurance Premiums 263,395 247,971 15,424 5.9% Office Supplies 2,500 668 1,832 73.3% Materials 465,045 479,818 (14,773)(3.2%) Electricity 1,059,200 980,873 78,327 7.4% Water 389,616 271,944 117,672 30.2% Natural Gas 294,933 318,100 (23,167)(7.9%) Utilities 1,743,749 1,570,917 172,832 9.9%[86] Contracted Services 524,652 750,550 (225,898)(43.1%)[87] H&S Compliance 12,500 0 12,500 100.0% Snow Plowing 114,000 163,233 (49,233)(43.2%)[88] Contracted Services 651,152 913,783 (262,631)(40.3%) Rents and Financial Expenses 95,000 99,061 (4,061)(4.3%) External Transfers 0 451,997 (451,997)N/A [85] Long Term Interest 1,427,589 1,427,589 (0)(0.0%) Long Term Debt Principal 1,620,000 1,620,000 (0)(0.0%) Debt Charges 3,047,589 3,047,589 (0)(0.0%) Internal Rent 150,977 130,038 20,939 13.9% Internal Transfers 150,977 130,038 20,939 13.9% TOTAL EXPENSES 8,412,363 8,883,038 (470,675)(5.6%) Surplus/(Deficit)(5,529,487)(5,748,476)(218,989)(4.0%) Page 65 of 81 Page 209 of 484 Attachment 9 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Museum and Culture Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Provincial Grants 36,662 36,662 0 0.0% Other Municipalities 0 32,441 (32,441)N/A [89] Grants 36,662 69,103 (32,441)(88.5%) Donations 1,000 1,611 (611)(61.1%) Other Revenue 0 1,500 (1,500)N/A Rents 21,500 13,743 7,757 36.1% Sales 5,000 9,800 (4,800)(96.0%) User Fees 38,000 25,535 12,465 32.8% Miscellaneous Revenue 65,500 52,189 13,311 20.3%[90] TOTAL REVENUE 102,162 121,293 (19,131)(18.7%) Page 66 of 81 Page 210 of 484 Attachment 9 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Museum and Culture Services Summary - continued Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% EXPENSES Labour 968,962 813,725 155,237 16.0% Employee Benefits Allocation 253,726 204,710 49,016 19.3% Overtime 2,000 2,728 (728)(36.4%) Labour and Benefits 1,224,688 1,021,163 203,525 16.6%[91] Materials 196,275 136,629 59,646 30.4%[92] Professional Development 6,400 1,933 4,467 69.8% Advertising/News Release 36,050 19,150 16,900 46.9% Insurance Premiums 9,268 8,114 1,154 12.5% Conferences/Conventions 4,800 1,742 3,058 63.7% Membership/Subscriptions 4,178 3,314 864 20.7% Office Supplies 4,700 1,947 2,753 58.6% Materials 261,671 172,829 88,842 34.0% Electricity 105,800 50,424 55,376 52.3% Water 9,790 10,350 (560)(5.7%) Natural Gas 35,400 31,635 3,765 10.6% Utilities 150,990 92,410 58,580 38.8%[93] Contracted Services 180,979 157,245 23,734 13.1% H&S Compliance 15,750 0 15,750 100.0% Snow Plowing 10,000 13,076 (3,076)(30.8%) Contracted Services 206,729 170,321 36,408 17.6% Rents and Financial Expenses 3,300 1,636 1,664 50.4% Long Term Interest 259,008 259,007 1 0.0% Long Term Debt Principal 807,331 807,331 0 0.0% Debt Charges 1,066,339 1,066,338 1 0.0% TOTAL EXPENSES 2,913,717 2,524,697 389,020 13.4% Surplus/(Deficit)(2,811,555)(2,403,404)408,151 14.5% Page 67 of 81 Page 211 of 484 Attachment 10 F-2024-01 April 30, 2024 RECREATION CULTURE, AND FACILITIES - CEMETERIES Summaries Cemeteries Services The following responsibility centres are included in the above noted summaries: Cemeteries Services 541000 - Cemeteries Grounds Maint Services 543000 - Cemetery Facilities 544000 - Cemeteries Burial Services 545000 - Cemetery Development 549000 - Cemetery Administration Page 68 of 81 Page 212 of 484 Attachment 10 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Cemeteries Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Donations 25,000 18,550 6,450 25.8% Investments 170,000 (63,421)233,421 137.3%[94] Service Charges 5,000 15,819 (10,819)(216.4)% Sales 251,700 386,246 (134,546)(53.5)%[95] Other Revenue 0 14,950 (14,950)N/A User Fees 475,000 565,001 (90,001)(18.9)%[96] Miscellaneous Revenue 926,700 937,145 (10,445)(1.1)% TOTAL REVENUE 926,700 937,145 (10,445)(1.1)% Page 69 of 81 Page 213 of 484 Attachment 10 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Cemeteries Services Summary - continued Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% EXPENSES Labour 1,040,528 1,026,442 14,086 1.4% Employee Benefits Allocation 296,330 268,113 28,217 9.5% Overtime 27,000 32,781 (5,781)(21.4)% Labour and Benefits 1,363,858 1,327,336 36,522 2.7% Materials 200,250 213,900 (13,650)(6.8)% Professional Development 5,500 3,654 1,846 33.6% Insurance Premiums 13,730 10,224 3,506 25.5% Conferences/Conventions 5,000 3,146 1,854 37.1% Goods for Resale 23,700 39,129 (15,429)(65.1)% Membership/Subscriptions 1,000 460 540 54.0% Office Supplies 3,000 3,603 (603)(20.1)% Materials 252,180 274,115 (21,935)(8.7)% Electricity 11,700 12,838 (1,138)(9.7)% Water 9,050 9,640 (590)(6.5)% Natural Gas 10,200 16,156 (5,956)(58.4)% Utilities 30,950 38,634 (7,684)(24.8)% Contracted Services 237,620 216,094 21,526 9.1% H & S Compliance 3,500 0 3,500 100.0% Contracted Services 241,120 216,094 25,026 10.4% Rents and Financial Expenses 36,000 33,402 2,598 7.2% Internal Rent 232,478 233,798 (1,320)(0.6)% Internal Transfers 232,478 233,798 (1,320)(0.6)% TOTAL EXPENSES 2,156,586 2,123,380 33,206 1.5% Surplus/(Deficit)(1,229,886)(1,186,235)43,651 3.5% Page 70 of 81 Page 214 of 484 Attachment 11 F-2024-01 April 30, 2024 PLANNING AND BUILDING SERVICES Summaries Planning Services Building Services Municipal Enforcement Services Community Improvement Plans The following responsibility centres are included in the above noted summaries: Planning Services 811000 - Planning Services Building Services 221000 - Building Inspection Services Municipal Enforcement Services 224000 - Municipal Enforcement Services 229000 - Animal Control Services 229005 - Pest Control Services Community Improvement Plans 823003 - Brownfields Community Improvement Plan 823004 - Lundy's Lane Community Improvement Plan 823005 - Downtown Community Improvement Plan 823006 - City Wide Community Improvement Plan 823007 - Historic Drummondville Community Improvement Plan 823009 - Gateway Community Improvement Plan Page 71 of 81 Page 215 of 484 Attachment 11 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Planning Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Licences 12,600 0 12,600 100.0%[97] Other Revenue 0 468 (468)N/A User Fees 346,500 426,650 (80,150)(23.1%)[98] Miscellaneous Revenue 359,100 427,118 (68,018)(18.9%) TOTAL REVENUE 359,100 427,118 (68,018)(18.9%) EXPENSES Labour 1,123,904 1,108,392 15,512 1.4% Employee Benefits Allocation 287,530 285,265 2,265 0.8% Overtime 5,000 4,062 938 18.8% Labour and Benefits 1,416,434 1,397,719 18,715 1.3% Materials 4,000 1,235 2,765 69.1% Professional Development 3,000 1,443 1,557 51.9% Conferences/Conventions 9,850 5,437 4,413 44.8% Membership/Subscriptions 7,000 8,716 (1,716)(24.5%) Office Supplies 7,900 5,906 1,994 25.2% Materials 31,750 22,737 9,013 28.4% Contracted Services 80,000 44,625 35,375 44.2%[99] Internal Rent 6,820 4,606 2,214 32.5% Internal Transfers 6,820 4,606 2,214 32.5% TOTAL EXPENSES 1,535,004 1,469,688 65,316 4.3% Surplus/(Deficit)(1,175,904)(1,042,570)133,334 11.3% Page 72 of 81 Page 216 of 484 Attachment 11 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Building Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Other Revenue 28,000 39,142 (11,142)(39.8%) Permits 1,800,000 0 1,800,000 100.0%[100] User Fees 5,000 9,164 (4,164)(83.3%) Miscellaneous Revenue 1,833,000 48,306 1,784,694 97.4% From Special Purpose Reserves 748,332 0 748,332 100.0%[100] From Reserve Funds 0 2,053,945 (2,053,945)N/A [100] Internal Transfers 748,332 2,053,945 (1,305,613)(174.5%) TOTAL REVENUE 2,581,332 2,102,251 479,081 18.6% EXPENSES Labour 1,676,956 1,347,668 329,288 19.6% Employee Benefits Allocation 462,744 351,184 111,560 24.1% Overtime 2,000 2,795 (795)(39.8%) Labour and Benefits 2,141,700 1,701,647 440,053 20.5%[101] Materials 21,300 16,188 5,112 24.0% Professional Development 5,000 3,187 1,813 36.3% Insurance Premiums 31,414 30,629 785 2.5% Conferences/Conventions 2,400 864 1,536 64.0% Goods for Resale 500 264 236 47.2% Membership/Subscriptions 9,677 7,957 1,720 17.8% Office Supplies 5,000 6,165 (1,165)(23.3%) Materials 75,291 65,254 10,037 13.3% Contracted Services 46,550 15,821 30,729 66.0%[102] Rents and Financial Expenses 0 204 (204)N/A Internal Rent 42,791 44,326 (1,535)(3.6%) Indirect Costs 275,000 275,000 0 0.0% Internal Transfers 317,791 319,326 (1,535)(0.5%) TOTAL EXPENSES 2,581,332 2,102,251 479,081 18.6% Surplus/(Deficit)0 0 0 N/A Page 73 of 81 Page 217 of 484 Attachment 11 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Municipal Enforcement Services Summary Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Fines 500 0 500 100.0% Other Revenue 0 238 (238)N/A User Fees 99,500 155,410 (55,910)(56.2%)[103] Miscellaneous Revenue 100,000 155,647 (55,647)(55.6%) From Reserve Funds 11,000 0 11,000 100.0% Internal Transfers 11,000 0 11,000 100.0% TOTAL REVENUE 111,000 155,647 (44,647)(40.2%) EXPENSES Labour 778,344 833,265 (54,921)(7.1%) Employee Benefits Allocation 210,153 234,653 (24,500)(11.7%) Overtime 15,000 5,523 9,477 63.2% Labour and Benefits 1,003,497 1,073,440 (69,943)(7.0%)[104] Materials 12,400 6,562 5,838 47.1% Professional Development 9,000 8,147 853 9.5% Conferences/Conventions 1,630 0 1,630 100.0% Membership/Subscriptions 4,475 4,671 (196)(4.4%) Office Supplies 2,000 2,181 (181)(9.0%) Materials 29,505 21,560 7,945 26.9% Contracted Services 133,550 149,563 (16,013)(12.0%)[103] Fees for Service 556,670 556,670 0 0.0% Contracted Services 690,220 706,233 (16,013)(2.3%) Rents and Financial Expenses 11,820 0 11,820 100.0%[105] External Transfers 0 20,938 (20,938)N/A [105] Internal Rent 50,616 42,055 8,561 16.9% Internal Transfers 50,616 42,055 8,561 16.9% TOTAL EXPENSES 1,785,658 1,864,227 (78,569)(4.4%) Surplus/(Deficit)(1,674,658)(1,708,580)(33,922)(2.0%) Page 74 of 81 Page 218 of 484 Attachment 11 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Community Improvement Plans Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES From Special Purpose Reserves 0 40,552 (40,552)N/A Internal Transfers 0 40,552 (40,552)N/A TOTAL REVENUE 0 40,552 (40,552)N/A EXPENSES External Transfers 0 40,552 (40,552)N/A TOTAL EXPENSES 0 40,552 (40,552)N/A Surplus/(Deficit)0 0 0 N/A Page 75 of 81 Page 219 of 484 Attachment 12 F-2024-01 April 30, 2024 BUSINESS DEVELOPMENT SERVICES Business Development Services Summary The following responsibility centres are included in the above noted summary: 821000 - Business Development Services 821010 - Niagara Falls Innovation Hub 823010 - Small Business Enterprise Centre Page 76 of 81 Page 220 of 484 Attachment 12 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% REVENUES Federal Grants 1,383,246 996,253 386,993 28.0%[106] Provincial Grants 178,844 205,915 (27,071)(15.1)% Other Municipalities 0 27,440 (27,440)N/A [107] Grants 1,562,090 1,229,608 332,482 21.3% Investment Income 783,245 783,245 0 0.0% Other Revenue 15,000 38,362 (23,362)(155.7)%[108] User Fees 0 2,000 (2,000)N/A Miscellaneous Revenue 798,245 823,607 (25,362)(3.2)% TOTAL REVENUE 2,360,335 2,053,215 307,120 13.0% Business Development Services Summary Page 77 of 81 Page 221 of 484 Attachment 12 F-2024-01 April 30, 2024 TAX SUPPORTED OPERATING FUND 2022 Budget to Actual Comparison Budget Actuals (Over)/Under Budget Variance (Over)/Under 2022 2022 $% EXPENSES Labour 617,180 687,062 (69,882)(11.3)% Employee Benefits Allocation 171,951 180,027 (8,076)(4.7)% Overtime 0 52 (52)N/A Labour and Benefits 789,131 867,141 (78,010)(9.9)%[109] Materials 143,500 44,761 98,739 68.8%[110] Professional Development 3,800 1,273 2,527 66.5% Advertising/News Release 55,750 32,430 23,320 41.8% Insurance Premiums 25 21 4 17.9% Conferences/Conventions 4,600 1,763 2,837 61.7% Membership/Subscriptions 3,800 4,241 (441)(11.6)% Office Supplies 7,000 2,956 4,044 57.8% Materials 218,475 87,444 131,031 60.0% Contracted Services 1,090,359 969,560 120,799 11.1%[106] Fees for Service 1,151,132 894,297 256,835 22.3% Contracted Services 2,241,491 1,863,857 377,634 16.8% Rents and Financial Expenses 170,225 569 169,656 99.7%[111] External Transfers 0 78,000 (78,000)N/A [111] Internal Rent 12,524 20,652 (8,128)(64.9)% To Special Purpose Reserves 0 80,000 (80,000)N/A [111] Internal Transfers 12,524 100,652 (88,128)(703.7)% TOTAL EXPENSES 3,431,846 2,997,663 434,183 12.7% Surplus/(Deficit)(1,071,511)(944,448)127,063 11.9% Business Development Services Summary - continued Page 78 of 81 Page 222 of 484 Attachment 13 F-2024-01 April 30, 2024 Opening Total Operating Capital Total Transfers Closing Jan.1, 2022 Contributions Uses Uses Uses Between Dec. 31, 2022 Working Funds 265,000.00 - - - - - 265,000.00 Operating SPRs General 13,278,442.81 1,050,541.15 (3,771,000.19) (303,880.00) (4,074,880.19) (2,721,520.18) 7,532,583.59 Water 1,647,763.00 - (202,000.00) (202,000.00) - 1,445,763.00 Sewer 5,687,873.95 300,000.00 (13,389.01) (13,389.01) - 5,974,484.94 Total OPERATING SPRs 20,614,079.76 1,350,541.15 (3,986,389.20) (303,880.00) (4,290,269.20) (2,721,520.18) 14,952,831.53 Capital SPRs General 15,106,284.00 8,171,749.26 - (7,970,149.55) (7,970,149.55) 98,250.00 15,406,133.71 Water 7,518,623.00 7,552,755.99 - (4,673,099.87) (4,673,099.87) (283,231.00) 10,115,048.12 Sewer 3,110,734.00 8,567,448.64 - (4,908,039.00) (4,908,039.00) 184,981.00 6,955,124.64 Total CAPITAL SPRs 25,735,641.00 24,291,953.89 - (17,551,288.42) (17,551,288.42) - 32,476,306.47 TOTAL SPECIAL PURPOSE RESERVES 46,614,720.76 25,642,495.04 (3,986,389.20) (17,855,168.42) (21,841,557.62) (2,721,520.18) 47,694,138.00 Opening Total Operating Capital Total Transfers Closing Jan.1, 2022 Contributions Uses Uses Uses Between Dec. 31, 2022 Obligatory Development Charges - old 89,129.59 2,217.06 - - - (91,346.65) - Development Charges bylaw 99-144 28,527,579.26 5,115,602.02 (2,296,501.33) (1,488,829.89) (3,785,331.22) 91,346.65 29,949,196.71 Federal Gas Tax Rebate - Infrastructure 15,338,978.89 3,162,273.22 - (4,929,715.17) (4,929,715.17) 13,571,536.94 Transit Gas Tax Rebate 3,138,693.23 1,694,787.66 (2,586,974.00) (509,762.27) (3,096,736.27) 1,736,744.62 2% Parkland Dedication 1,478,242.52 55,850.14 - - - 1,534,092.66 Public Purpose (Planning Act)2,725,329.81 536,951.08 - - - 3,262,280.89 OCIF Reserve 4,344,737.21 7,033,278.37 (2,841,437.08) - (2,841,437.08) 8,536,578.50 Building Code Act, 1992 - 2,423,513.29 (2,053,944.96) 2,721,520.18 3,091,088.51 Streamline Development Approvals - 508,382.61 - (461,862.05) (461,862.05) 46,520.56 Total OBLIGATORY Reserve Funds 55,642,690.51 20,532,855.45 (9,778,857.37) (7,390,169.38) (15,115,081.79) 2,721,520.18 61,728,039.39 Discretionary Terrio - 40 yr licence agreement 2,106.84 (11.68) - - - 2,095.16 Sick Leave Liability 1,477,860.46 (6,579.73) - - - 1,471,280.73 Workers Compensation 1,403,572.76 3,467.18 - - - 1,407,039.94 Recreation Trail Development 89,881.04 (143.28) - - - 89,737.76 Capital/Operating Fund 7,587,877.61 12,597.31 - - - 7,600,474.92 Tree Planting - Developers 80,755.21 (294.08) - - - 80,461.13 Park Development 255.77 - - - - 255.77 Sewer and Water Impost 1,635,937.60 (7,664.95) - - - 1,628,272.65 Expansion and Renewal 287,802.60 (1,221.73) - - - 286,580.87 Conrail Drainage 784,290.59 (3,141.13) - - - 781,149.46 Prepaid Subdivision Work 252,140.38 (1,083.53) - - - 251,056.85 Sidewalk Construction 39,342.07 74.37 - - - 39,416.44 Future Municipal Works 767,887.12 (3,249.11) - - - 764,638.01 Lot Drainage 201,834.95 (854.11) - - - 200,980.84 Sanitary (Recycling Surplus)490,533.01 (2,091.40) - - - 488,441.61 Sports Fnd - new equip/program 5,787.65 98.39 - - - 5,886.04 Projs - Special Needs' Children 18,654.37 63.44 - - - 18,717.81 Municipal Parking 45,647.35 830.59 - - - 46,477.94 Coat of Arms 2,670.62 54.23 - - - 2,724.85 Niagara Tunnel - Comm'ty Imprvmt 132,614.94 (1,143.34) - - - 131,471.60 Water Patrol Boat 14,621.89 262.56 - - - 14,884.45 Branscombe Family Grant 4,343.04 71.46 - - - 4,414.50 Niagara Falls Sports Foundation 321.89 - - - - 321.89 FMC / VTS 3,351,642.84 74,866.01 (1,525,640.00) - (1,525,640.00) 1,900,868.85 Lundy's Lane Museum 4,591.94 92.73 - - - 4,684.67 OMCC Grant 385,131.63 9,397.16 - - - 394,528.79 Willoughby Museum 102,470.96 1,867.63 - - - 104,338.59 OLG 4,944,016.62 17,249,687.81 (3,410,046.00) (4,418,654.45) (7,828,700.45) (540,869.00) 13,824,134.98 Hospital 23,615,352.81 433,515.51 - - - 540,869.00 24,589,737.32 Total DISCRETIONARY Reserve Funds 47,729,946.56 17,759,468.31 (4,935,686.00) (4,418,654.45) (9,354,340.45) - 56,135,074.42 TOTAL CITY RESERVE FUNDS 103,372,637.07 38,292,323.76 (14,714,543.37) (11,808,823.83) (24,469,422.24) 2,721,520.18 117,863,113.81 TOTAL CITY RESERVES & RESERVE FUNDS 149,987,357.83 63,934,818.80 (18,700,932.57) (29,663,992.25) (46,310,979.86) - 165,557,251.81 CITY RESERVE FUNDS CITY SPECIAL PURPOSE RESERVES 2022 CITY OF NIAGARA FALLS RESERVES AND RESERVE FUNDS R:\Reserves and Reserve Funds\Reserve Funds\2022\2022 RF YE Report - FINAL 4/15/2024 9:28 PMPage 79 of 81 Page 223 of 484 Attachment 14 - Operating Special Purpose Reserve (SPR) Balance Updates F-2024-01 April 30, 2024 Operating Special Purpose Reserve (SPR) Balance Updates GENERAL FUND (FUND 11) SPR # NAME OR SOURCE OF THE SPECIAL PURPOSE RESERVE Balance 12/31/2022 Year of Last Activity 149 Debenture Acquisition Costs 120,333.30 2015 150 Borrowing L of C - Interest 100,000.00 Prior to 2010 24 Fire Clothing - Emergency 3,073.44 Prior to 2010 116 Fire - Legal 1,821.03 Prior to 2010 247 Fire - Ad Hoc - Ontario Grant 2,981.80 Prior to 2010 299 Fire - Education 22,774.80 2012 144 Easement Renewals 12,000.00 Prior to 2010 199 Streetlight Inspections 59,040.00 2012 90 Optimist Grant Holdback 18,928.29 2011 340,952.66 (292,875) As at December 31, 2022 the general fund consists of over 80 Special Purpose Reserves totaling $7,532,584. Staff have been reviewing these many historical and individual SPRs and determining whether there is a need for them or if they can be consolidated (transferred) into other special purpose reserves. Staff have identified the following Special Purpose Reserves that can be discontinued, with the balance transferred into the reserves identified below and effective January 1, 2023 and are seeking Council's approval of same. Opening Balance Jan. 1, 2023 of SPR77 after above noted transfers: To Tax Rate Stabilization SPR 77 TOTAL to be transferred to tax rate stabilization reserve Page 80 of 81 Page 224 of 484 Attachment 14 - Operating Special Purpose Reserve (SPR) Balance Updates F-2024-01 April 30, 2024 SPR # NAME OR SOURCE OF THE SPECIAL PURPOSE RESERVE Balance 12/31/2022 Year of Last Activity 305 Streetlighting Installations 74,078.73 2017 132 Tourism Signing 22,000.00 Prior to 2010 206 Traffic Signs 24,438.85 2015 311 Chair-A-Van Services 1,500.08 2022 3 Park Street Market 6,200.00 Prior to 2010 6 Chippawa Band Shell Repair 603.10 Prior to 2010 89 Meter Utility Relocation 21,948.82 Prior to 2010 111 Recreation Commission Tents 1,404.27 Prior to 2010 244 Cemetery Major Maintenance 3,411.59 2016 115 Pool Repairs/Maintenance 1,150.72 2016 31 Computer Equipment 5,196.36 2010 161,932.52 1,807,751 SPR # NAME OR SOURCE OF THE SPECIAL PURPOSE RESERVE Balance 12/31/2022 Year of Last Activity 328 Environmental Assessment (6,047.61)2020 169 Landfill Landscaping 10,000.00 Prior to 2010 172 Landfill - Regional Brokering Fees 87,960.66 Prior to 2010 91,913.05 91,913 SPR # NAME OR SOURCE OF THE SPECIAL PURPOSE RESERVE Balance 12/31/2022 Year of Last Activity 22 Training - Human Resources 55,000.00 2015 169 Non-Union Vacation Bank 36,115.92 2010 91,115.92 600,616 Opening Balance Jan. 1, 2023 of CSPR 1 after above noted transfers: Opening Balance Jan. 1, 2023 of SPR 340 after above noted transfers: Opening Balance Jan. 1, 2023 of SPR 278 after above noted transfers: To Capital General Unallocated CSPR 1 To Energy and Climate Initiatives SPR 340 TOTAL to be transferred to General - unallocated capital TOTAL to be transferred to Energy and Climate Initiatives To Employee Future Benefits SPR 278 TOTAL to be transferred to Employee Future Benefits Page 81 of 81 Page 225 of 484 F-2024-18 Report Report to: Mayor and Council Date: April 30, 2024 Title: Gale Centre Storm Water Project Capital Budget Amendment Recommendation(s) That Council APPROVE a 2024 Capital Budget Amendment to create STMS 59-24 for the Gale Centre Storm Water Design with a total budget of $60,000 (inclusive of non- recoverable HST), funded by Capital Special Purpose Reserves. Executive Summary As part of the Thorold Stone Road Extension – Phase 2 (TSR-E P2) project, the City has some infrastructure needs to address. For the most part, the City is working with the Region to include the City’s servicing under TSR-E P2, however, the City will need to address stormwater separately. The proposal and cost estimate for the design component from UEM (a Consultant familiar with the stormwater challenges in the area) is estimated to cost $60,000, including non-recoverable HST, for the design work. Since this was not specifically budgeted in 2024 capital budget, staff is recommending this capital budget amendment be funded by Capital Special Purpose Reserves. Background The Gale Centre arena site was developed to connect to the (at the time, future) Thorold Stone Road extension from Stanley Avenue. However, due to delays in the start of the first phase of road construction, an interim pond and drainage system directing flows south to the existing Fourth Avenue storm sewer was constructed, with main system pipes sized and designed to flow towards Thorold Stone Road. Pipes were sized based on uncontrolled flows using a 5-year design storm. Due to limited capacity in the Fourth Avenue storm sewer system, site flows were throttled, utilizing onsite pipe storage, parking lot surface storage and a temporary dry pond prior to discharging south to the Fourth Avenue storm sewer system. Due to site area constraints, the pond storage capacity was limited with storage provided for up to the 25-year storm event. The intent was to ultimately redirect flows north to Thorold Stone Road and decommission the dry pond once the extension was completed and a new suitable storm sewer became available. Page 1 of 3 Page 226 of 484 Analysis The City is working jointly with the Niagara Region on the development of the next phase of Thorold Stone Road Extension that will connect Thorold Stone Road from its current east limit at the Gale Centre Arena to the newly constructed roundabout at Bridge Street and Victoria Avenue. As part of the next phase, a new storm outlet is being considered by the Region that will convey flows from Thorold Stone Road westerly, discharging to the OPG hydro canal. The City has the opportunity to cost-share on the Region’s proposed storm sewer, contributing to the overall construction cost based on our percentage of the total storm flows. This alternative could be a viable option to permanently establish a storm outlet for the Gale Centre. However, it is important to note there are other costs associated with extending the existing storm sewer north to Thorold Stone Road through the unopened road allowance on Fourth Avenue. During Phase 1 construction on Thorold Stone Road, the unopened road allowance at the north limit on Fourth Avenue was found to be heavily contaminated. Costs for the removal and disposal of contaminated materials will need to be considered for any proposed municipal services installed in this section of Fourth Avenue. Therefore, in order to determine the most economical solution to permanently drain the storm water flows from the Gale Centre, City staff propose to advance the design of a second alternative involving the expansion of the existing storm water management pond discharging to the Fourth Avenue storm sewer. Expanding the pond could provide a permanent solution while saving on the capital costs of a new storm sewer on Thorold Stone Road and environmental expenses on Fourth Avenue. Once a preliminary design is completed, cost-estimates can be prepared that will allow for an accurate comparison of alternatives, allowing staff to identify the best solution. Operational Implications and Risk Analysis As part of the analysis of alternative solutions for the storm water flows from the Gale Centre, future operating and capital costs will be considered in order to recommend an economical solution. Financial Implications/Budget Impact Staff is recommending a 2024 Capital Budget Amendment of $60,000, funded by Capital Special Purpose Reserves, in order to complete this design work to evaluate alternatives. Strategic/Departmental Alignment This aligns with the City’s Strategic Priority of “Responsible and Transparent Financial Management.” Contributor(s) Eric Lallouet, Senior Project Manager - Construction Page 2 of 3 Page 227 of 484 Written by: James Dowling, Deputy Treasurer Sebastian Zukowski, Senior Financial Analyst Submitted by: Status: Tiffany Clark, Director of Finance Approved - 22 Apr 2024 Shelley Darlington, General Manager of Corporate Services Approved - 23 Apr 2024 Kira Dolch, General Manager, Planning, Building & Development, Acting CAO Approved - 23 Apr 2024 Page 3 of 3 Page 228 of 484 F-2024-19 Report Report to: Mayor and Council Date: April 30, 2024 Title: White Drain Petition Capital Budget Amendment Recommendation(s) THAT Council APPROVE a 2024 Capital Budget Amendment to create project STMS 58-24 for the White Drain Petition – Willow Road with a total budget of $95,000 (inclusive of non-recoverable HST), to be funded by External Contributions (property owners in the watershed). Executive Summary The City has received a petition under the Drainage Act requiring an Engineer’s Report to with associated costs all Act, Drainage drain. Under municipal a design the preparation of the report and construction of the drain can be billed to the property owners in the watershed. Tendering and construction of the work would follow at additional cost and will be addressed via the 2025 Capital Budget process. The proposal and cost estimate for the design component from K. Smart Associates is estimated to cost $95,000 (inclusive of HST) for the engineering design work. As this was not specifically budgeted in 2024 capital budget, this 2024 capital budget amendment seeks approval to fund the cost from External Contributions (property owners in the watershed). The Asset Management Section of the Engineering Department is actively working to determine suitable allocations within the annual operating and capital budgets for Drainage Act-related work moving forward. Background The Drainage Act serves as a legal framework facilitating the resolution of drainage issues within specified areas through the construction of drainage infrastructure known as Municipal Drains or Drains. This process is initiated by individuals seeking drainage solutions who submit petitions to their municipality. Attachment 1 outlines the Drainage Act Petition Process. Upon receiving a petition, the municipality is mandated to appoint a Drainage Engineer to assess its validity and subsequently prepare an Engineer's Report detailing the proposed Drain and its associated costs. Page 1 of 6 Page 229 of 484 On June 6, 2023, a petition for drainage works was submitted by the property owner of 5981 Willow Road, followed by another petition from the property owners of 3313 Willow Road. Both petitions are being addressed within the same report. In response, on November 14, 2023, Council appointed K.Smart Associates as the Drainage Engineer to validate the petition and draft an Engineer's Report under report MW-2023-30. Initially, K.Smart was retained under PO 23-262R1 with a budget of $3,670 to assess the petition's validity, a process involving site visits, and consultations with affected landowners to determine the scope of work and estimated fees. Following the assessment, K.Smart confirmed the petition's validity in report MW-2024- 04 and provided an estimate of $76,700 for preparing the Engineer's Report. A contingency of 20%-25% was included in addition to the estimate for a total of $95,000. In addition to the engineer's cost, there will be some costs associated with securing approvals/permits from agencies such as the Niagara Peninsula Conservation Authority. Subsequently, PO 24-135 was issued to K.Smart on April 17, 2024 to proceed with this task. Fees associated with the Engineer's Report and subsequent construction can ultimately be billed to landowners as per the provisions of the Drainage Act. However, the municipality typically requires upfront funding for these expenses. To address this, municipalities often allocate funds in their annual operating budgets to cover maintenance of existing drains and allocation funds in their annual capital budgets to cover construction of new ones under the petition process. The Asset Management Section suitable determine to working actively Department Engineering the of is allocations within the annual operating and capital budgets for Drainage Act-related work. As per the provisions of the Drainage Act, the City will assume responsibility for the maintenance of the constructed drain. It is recommended that maintenance work be conducted every five years to ensure the efficient functioning of the drainage system and to prevent any potential issues from arising. Preparation of the Engineer’s report is scheduled to commence in Spring 2024, with an estimated duration of up to one year. This phase of the project will encompass various tasks the securing drawings, design including preparation necessary of agency approvals, drafting tender documents, and overseeing contract administration and inspection during construction. Construction activities are anticipated to commence in Summer 2025, following the completion of the Engineer’s report, and may span a duration of three to six months. Analysis The project involves collaboration between various stakeholders due to its location spanning Niagara Falls and Fort Erie. Key stakeholders include the Fort Erie Drainage Page 2 of 6 Page 230 of 484 Superintendent, the Niagara Peninsula Conservation Authority (NPCA), and Niagara Region. Project costs can be billed to all landowners in the watershed, including private property owners in both municipalities. The Engineer’s report will explore alternative solutions, considering associated advantages, disadvantages, costs, environmental impacts, technical feasibility, and site- specific conditions. Opportunities for cost-sharing and environmental mitigation will be identified. Operational Implications and Risk Analysis budgetary and protocols maintenance formalize The working currently is City to considerations for municipal drains. Staff is exploring programs such as a five-year maintenance cycle to ensure municipal drains perform as designed. Staff will propose the maintenance program in the 2025 operating budget process. The City is required under the Drainage Act to address petitions, failure to address drainage petitions in a timely manner may result in legal repercussions, including appeals to the Ontario Land Tribunal and prolonged legal disputes. Financial Implications/Budget Impact Staff is recommending the creation of a STMS 58-24 project and a 2024 Capital Budget Amendment of $95,000 funded by External Contributions (property owners in the watershed). Strategic/Departmental Alignment This aligns with the City’s Strategic Priority of “Responsible and Transparent Financial Management.” Contributor(s) Sue Noble, Infrastructure Services Program Supervisor List of Attachments F-2024-19 - Attachment 1 - Drainage Act Petition Process Written by: James Dowling, Deputy Treasurer Sebastian Zukowski, Senior Financial Analyst Submitted by: Status: Tiffany Clark, Director of Finance Approved - 24 Apr 2024 Shelley Darlington, General Manager of Corporate Services Approved - 24 Apr 2024 Page 3 of 6 Page 231 of 484 Kira Dolch, General Manager, Planning, Building & Development, Acting CAO Approved - 24 Apr 2024 Page 4 of 6 Page 232 of 484 Section4 E E E E E E E E Shouldpeonbeaccepted? E localmunicipalies: Isenvironmentalappraisal desired?6(1) localmunicipalies:Isa benetcoststatement desired?7(1) Hasanenvironmentalappraisalor benetcoststatementbeenrequested? Shouldanengineer beappointed?8(1) Isanenvironmentalappraisalor benetcoststatementdesired? 6(2)and7(2) Shouldapreliminary reportbeprepared? Isthepeonsll valid?10(5) Shouldtheproject proceed?10(5) Isthepeonvalid? Peoners Canavalidpeonbe resubmiedwithin 60days?(95) Meengtoconsiderpreliminaryreport10 PeonledwithCouncil4(1) Peonersnoedofdecision5(1)a PeonershaverightofappealtoTribunal5(2) Nocesent5(1)(b) Councilinstructsengineer toproducenalreport9(5)or10(5) Engineerpreparesandlespreliminaryreport10(1) Clerksendsnocesofmeengtoconsiderpreliminary reporttoaectedpares10(2) Engineerpresentspreliminaryreport Councilgivesownersopportunitytoaddor withdrawnamesfromthepeon10(3) Engineerholds on-sitemeeng9(1) Councilreceivesfeedback Requestsenttocouncilwithin30daysRequestsenttocouncilwithin30days PeonershaverightofappealtoTribunal8(3) Peonershaverightofappeal toTribunal10(6) Engineerreportstocouncilhowthe peonisdecient9(4) Proceedings stop9(4) Noacon required Noacon required Original peoners paycostsand theproject stops10(4) Connued E E Engineerpreparesnalreportandles withmunicipalitywithin1year39(1) FigureA2-1.Peondrainprocedures(Secon4). PartA–ApplicaonoftheDrainageActRequirements Attachment 1 - Drainage Act Petition Process F-2024-19 April 30, 2024 Page 5 of 6 Page 233 of 484 E Shouldtheproject proceed?41(1)PeonershaverightofappealtoTribunal45(2) Connued E E Meengtoconsider nalreport41-44 Clerk(s)sendsnoceofmeengtoconsidernal report41(1)and41(2) Engineerpresentsnalreport Peonershaverightofappealto Tribunal45(2) Original peoners paycostsand theproject stops10(4) Isthepeonsll valid?43 Shouldtheproject proceed? 44 Councilgivesownersopportunitytoaddor withdrawnamesfromthepeon42 AppealofC.O.Rdecision ledwithin21days Reportreferredback toengineer57 10days AppealtoTribunalandrefereeledwithin40daysaersending Tribunalhearsappealsfrom decisionofC.O.R.on assessments54 Theseappealstepsonlyoccurifappealsareled Tribunalhearsappealon technicalaspectsofthework 48,49,50 Refereehearsappealsonlegal aspectsofthework47(1) Councilprovisionallyadoptsthereportbyby-law 45(1) Clerkssendoutprovisionalby-lawandnoceofthe courtofrevision(C.O.R.)46(1)and(2) ChangesorderedbytheCoRorTribunal,ifany,are putintoeectbytheclerk56 20-30daysaersending,C.O.R.hearsappealon assessments52(1) Aerallappealshavebeenheardormefor appealinghasexpired(min40days),by-lawmaybe passed58(1) E Aretenderprices33%higher thanesmate? EAppealsledwithin1yearofprojectcompleon Meengtoconsidertenderprice59 Tenderingoccurs Accepttenderandproceedtoconstrucon Clerk(s)sendsnoceofmeengto considertenderprice(59(1) Tenderpricesare presented Councilgivesowners opportunitytoaddorwithdraw namesfromthepeon42 Projectconstructed Post-construconadministravework: –by-lawamendedtoreectactualcosts62(1) –assessmentslevied62(1) –grantsappliedfor88 –by-lawregistered68 Projectcomplete PeonershaverightofappealtoTribunal64 Original peoners paycostsand theproject stops43 Isthequalityofworksasfactory? 64 E Isthepeonsllvalid? 42 L ProceedingStop DecisionPoint GeneralAcons MovetoAnother Process Projectscope meeng SS Peoners/Owners Engineer MunicipalSta CouncilofIniang Municipality Conservaonauthority (CA),provincialorlocal government Appeal 1Projectscopingmeengsarenotrequiredbythe DrainageAct.Theyareasuggestedaddiontotheprocess asapotenalmeanstoresolveissues GeneralGuidanceonKeySecons,DrainageAct,1990 Attachment 1 - Drainage Act Petition Process F-2024-19 April 30, 2024 Page 6 of 6 Page 234 of 484 L-2024-07 Report Report to: Mayor and Council Date: April 30, 2024 Title: Encroachment Agreement with the City 3858 Garner Road – A concrete driveway, Quonset Hut, trailer, fence and miscellaneous materials Sean Temple and Sharon Marie Temple Our File No. 2023-169 Recommendation(s) 1. In the event that Council determines it is in the best interest of the public to do so, that the City enter into an Encroachment Agreement respecting the concrete driveway, Quonset Hut, trailer, fence and miscellaneous materials into Swart Street with Sean Temple and Sharon Marie Temple, the owners of 3858 Garner Road. 2. That the City Solicitor and Chief Administrative Officer, or their designate, are authorized to execute the required Encroachment Agreement. 3. That the City Solicitor is authorized to register the Encroachment Agreement on title to 3858 Garner Road and the applicable parcel for the affected portion of Swart Street in the Land Registry Office at the owners' expense. Executive Summary Sean Temple and Sharon Marie Temple (the "Owners") are the owners of 3858 Garner Road and has requested that they be permitted to continue the use and maintenance of the existing encroachments into Swart Street by way of entering into an Encroachment Agreement with the City. The existing encroachments consist of a concrete driveway, Quonset Hut, trailer, fence and miscellaneous materials (the "Encroachments") as shown on Schedule "A". Background The Owners have been served with a Notice of Contravention under By-law No. 94-113 that the Encroachments are encroaching onto City property and shall be removed. The Owners approached the City to purchase the Swart Street road allowance however, Municipal Works can not support the permanent release of the road allowance. At a distant future date, the existing road allowance is expected to provide an important transportation and servicing connection to Garner Road for future development of adjoining vacant lands in the vicinity. Page 1 of 5 Page 235 of 484 The Encroachments have been in place since 2007 and Staff is recommending that the City enter into an Encroachment Agreement with Sean Temple and Sharon Marie Temple until the Swart Street road allowance is required for development. Analysis Section 600.03 of the City's Encroachment Policies and Procedures requires that the Owner pay for the cost of preparing the Encroachment Agreement ($500) together with disbursements relating to a search of title and registration of the agreement on title to the affected properties and all costs associated with preparation and deposit of a reference plan. The requirement of a reference plan assists the City in ensuring that no additions, alterations or expansions are made to the Encroachment, and, provides subsequent purchasers/owners of the property effective notice of the Encroachment and its type, location and dimensions. Section 600.03 also allows for the payment of an annual fee to permit the encroachment as set by the City from time to time. There is currently no set schedule for annual encroachment fees, and, such annual fees are set on a case by case basis as determined by the Chief Administrative Officer and City Solicitor and in this case, an annual fee of $2,975.00 is recommended which will be adjusted annually in accordance with the Consumer Price Index. The Encroachment Agreement would grant the use and maintenance of the Encroachment by the Owners under terms and conditions as required and approved by the City Solicitor, including but not limited to, the provision that the Encroachment being granted shall be until such time as the Encroachment is required to be removed by the City, at the City's sole discretion. Financial Implications/Budget Impact The Owners will be responsible for all costs relating to the preparation and registration of the encroachment agreement. There will be an annual fee of $2,975.00 and payable by the Owners under the encroachment agreement until terminated. Strategic/Departmental Alignment The proposed Encroachments align with the City's commitment to financial sustainability and optimizing the use of City assets across the corporation and generate additional revenue streams. List of Attachments Schedule A Written by: Nidhi Punyarthi, City Solicitor Page 2 of 5 Page 236 of 484 Submitted by: Status: Nidhi Punyarthi, City Solicitor Approved - 19 Apr 2024 Shelley Darlington, General Manager of Corporate Services Approved - 19 Apr 2024 Kira Dolch, General Manager, Planning, Building & Development, Acting CAO Approved - 22 Apr 2024 Page 3 of 5 Page 237 of 484 Location Map Print Date:© City of Niagara Falls 2/13/2024 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. SCHEDULE "A" Page 4 of 5 Page 238 of 484 Location Map Print Date:© City of Niagara Falls 4/12/2024 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Page 5 of 5 Page 239 of 484 1 Heather Ruzylo Subject:RE: [EXTERNAL]-letter to council From: Sent: Monday, April 29, 2024 1:20 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-letter to council Hello Council members. This letter is to introduce myself in regards to the encroachment for the access road at 3858 garner rd. My name is Sean Temple and I have been the owner since 2005. The property was purchased from Walkers Bros using their real estate agent. The driveway that I currently use is the driveway that was there when I purchased the property.( it was redone in 2019/2020 with concrete). The Quonset hut was erected in 2006. The drawings( future steel Buildings) were brought into the building department and 3 revisions were needed before I got approval to put it up. The site was visited by someone in the water/ enviromental depart( not sure of correct name). basically he wanted to see where building was going to be located and make sure it was far enough away from my septic bed and it didn’t interrupt any water flow on north side of property. The main reason I am giving this background is to insure council that at the time of this encroachment that has come to light 18-19 years later it was not done intentionally or with any disregard to city bylaws. I think a lot of miscommunication and misinformation has put me in this situation . I know the proposal to purchase this strip of land and my oƯer to take the land from the south side of my property was rejected. So, This land lease is my last hope . I was considering retirement in a couple of years but with cost of removing that building and tearing up over half my driveway and having to make a new one will put that on hold. I’m just asking for lease agreement to be put in place so I can have some time to put together a plan and get the funds to do what is necessary. Thank You for your time. Sean temple P.S. Not sure if this is an option, but the driveway and building is approx. 15 ft onto the access rd land. Is there a way for me to purchase this 15 ft section and leave the the 50 ft for the city to work with. Just a thought Thanks again 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 240 of 484 MW-2024-17 Report Report to: Mayor and Council Date: April 30, 2024 Title: Schisler Road and Koabel Road Bridge Rehabilitations - Contract Award (2024-552-21) Recommendation(s) 1. That Council award Request for Tender 2024-552-21, Schisler Road and Koabel Road Bridge Rehabilitations, to the lowest compliant bidder, Rankin Construction Inc., in the amount of $1,143,574.00 + HST. 2. That Council approve a 2024 capital budget amendment for the Koabel Road Bridge Rehabilitation project (BC24-21) in the amount of $65,000.00, with $63,856.00 to be funded from OCIF and $1,144.00 from the Capital Special Purpose Reserve. 3. That Council approve a 2024 capital budget amendment for the Schisler Road Bridge Rehabilitation project (BC26-21) in the amount of $70,000.00, with $68,768.00 to be funded from OCIF and $1,232.00 from the Capital Special Purpose Reserve. 4. That the Mayor and Clerk be authorized to execute the necessary agreements. Executive Summary The purpose of this report is to seek Council approval to award Request for Tender 2024-552-21, Schisler Road and Koabel Road Bridge Rehabilitations, to the lowest compliant bidder, Rankin Construction Inc. The Schisler Road and Koabel Road bridge rehabilitation work was originally planned and budgeted as two separate projects. Council previously approved budgets on both projects for detailed design and construction administration/inspection in 2021 and for construction in 2024. The combined construction budget for both projects was originally estimated at $1,050,000.00. However, market pricing was higher than expected for several of the guard rail components of both bridges, resulting in a budget shortfall of approximately $135,000.00 (including contingency). Additional funding is being requested to accommodate the budget overrun and the associated proportion of contingency funding. Background The bridge rehabilitation projects at Schisler Road and Koabel Road are planned for 2024 construction and are intended to address deficiencies identified through the City's Page 1 of 8 Page 241 of 484 biannual bridge and culvert inspection program. The Koabel Road Bridge is exhibiting signs of concrete deterioration, scaling, delamination, and spalling. The Schisler Road bridge exhibits similar issues as well as corrosion and flow blockages in the deck drainage system. The detailed design of both projects was completed by Ellis Engineering.  For the Koabel Road Bridge project, $52,500.00 in design and construction administration funding was approved in 2021. An additional $515,000.00 in funding was approved in 2024, with $15,000.00 for construction administration/ inspection and $500,000.00 for construction.  For the Schisler Road Bridge project, $66,000.00 in design and construction administration funding was approved in 2021. An additional $550,000 in construction funding was approved in 2024. The decision was made to tender both construction projects under one contract due to their geographic proximity and similar scopes of work. The budget for the joint construction tender was $1,050,000.00. Attachment 1 identifies the Koabel Road Bridge project area. Attachment 2 identifies the Schisler Road Bridge project area. Analysis In March 2024, the City issued a tender (2024-552-21) for rehabilitation work at the Schisler Road and Koabel Road bridges. The contract was issued for bidding on March 5, 2024, and the bid period closed on March 26, 2024. Construction is expected to begin in May 2024 and end in October 2024. The original $1,050,000.00 construction budget accommodates the majority of the planned works for the study area, however, costs for some of the more specialized items (i.e., relating to guardrail construction) are higher than originally anticipated. An additional $135,000.00 is required to award this tender and complete the full scope of work. Operational Implications and Risk Analysis The Schisler Road bridge was originally constructed in 1950. It was inspected in 2020 as part of the City's biannual bridge and culvert inspection program and was found to be in deteriorating condition. Inspection results showed evidence of concrete deterioration, delamination, and spalling, with corrosion and flow blockages in the deck drainage system. The Koabel Road bridge was constructed in 1967 and was similarly inspected in 2020 as part of the City's biannual program. Inspection results showed evidence of concrete deterioration, scaling, delamination, and spalling; in addition, the existing parapet walls may not meet current safety standards. Page 2 of 8 Page 242 of 484 Attachments 3 and 4 show the Koabel Road bridge and the Schisler Road bridge, respectively, as observed during the 2022 inspection program. Evidence of additional deterioration was observed at both bridges during the 2022 reinspections. Immediate rehabilitation continues to be recommended at both sites. Financial Implications/Budget Impact A total of $1,183,500.00 in capital funding has been approved for both of these projects: Budget year Funding type Koabel Road (BC24-21) Schisler Road (BC26-21) 2021 Consulting $66,000.00 $52,500.00 2024 Consulting --- $15,000.00 2024 Construction $550,000.00 $500,000.00 SUBTOTAL $616,000.00 $567,500.00 TOTAL $1,183,500.00 Expenses to-date total $39,674.06, with an additional $17.618.33 in committed funds. A balance of consulting funds remains uncommitted, but these funds are earmarked for construction administration and inspection fees. The total cost to complete the project is anticipated as follows: Total (excl. HST) Non-recov. HST Total incl. Non-Recov. HST Construction - Koabel Road $549,422.00 $9,669.83 $559,091.83 Construction - Schisler Road $594,152.00 $10,457.08 $604,609.08 Construction - Total $1,143,574.00 $20,126.90 $1,163,700.90 Available Budget (Construction) $1,050,000.00 Net Required $113,700.90 Net Required (Rounded + Contingency) $135,000.00 The cost of completing this project, including all construction costs and contingency allowances, exceeds the $1,050,000.00 project budget by approximately $135,000.00. Staff recommends that Council approve a 2024 capital budget amendment of Page 3 of 8 Page 243 of 484 $135,000.00, with $132,624.00 to be funded from OCIF and $2,376.00 to be funded from the Capital Special Purpose Reserve. Strategic/Departmental Alignment The recommendations in this report contribute to the City's strategic goal of providing "strong and resilient infrastructure" by improving the condition of the subject bridges and bringing bridge safety measures into alignment with current codes and standards. Contributor(s) James Dowling, Deputy Treasurer List of Attachments MW 2024-17 Attachment 1 MW 2024-17 Attachment 2 MW 2024-17 Attachment 3 MW 2024-17 Attachment 4 Written by: Rachel Whyte, Project Manager James Dowling, Manager of Capital Accounting Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 19 Apr 2024 Kira Dolch, General Manager, Planning, Building & Development, Acting CAO Approved - 22 Apr 2024 Page 4 of 8 Page 244 of 484 Print Date:© City of Niagara Falls 4/4/2024 Reference #:Contract 2024-552-21 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Report MW 2024-17, Attachment 1: Project Limits - Koabel Road Bridge Rehabilitation Page 5 of 8Page 245 of 484 Print Date:© City of Niagara Falls 4/4/2024 Reference #:Contract 2024-552-21 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Report MW 2024-17, Attachment 2: Project Limits - Schisler Road Bridge Rehabilitation Page 6 of 8Page 246 of 484 Print Date:© City of Niagara Falls 4/18/2024 Reference #:Contract 2024-552-21 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Report MW 2024-17, Attachment 3: Koabel Road Bridge (North Elevation), as observed at 2022 inspection Page 7 of 8Page 247 of 484 Print Date:© City of Niagara Falls 4/18/2024 Reference #:Contract 2024-552-21 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Report MW 2024-17, Attachment 4: Schisler Road Bridge (North Elevation), as observed at 2022 inspection Page 8 of 8Page 248 of 484 MW-2024-18 Report Report to: Mayor and Council Date: April 30, 2024 Title: Niagara Falls Pickleball Facility Development Recommendation(s) That Council accepts the recommendation of staff that M.F. Ker Park (3420 Sinnicks Ave, Niagara Falls) is the preferred location for the new dedicated 6-court pickleball facility. Executive Summary Staff are recommending M.F. Ker Park as the preferred location for a new 6-court dedicated pickleball facility. The pickleball facility would be built to replace the existing double tennis court that is near the end of its service life. A 2-month long public engagement process was conducted. The public was generally supportive of the new pickleball facility at M.F. Ker Park. Concerns with pickleball noise would be mitigated through the use of noise-attenuating curtains on the facility perimeter fencing. Background The 2021 Niagara Falls Recreation, Culture & Parks Plan recommendation RCP7-8 identifies a community need for a dedicated outdoor facility. This recommendation was prioritized for a short-term implementation (2022-2024). Funding of $350,000 for the development of an outdoor dedicated six (6) court pickleball facility was approved in the 2023 Capital Budget. Analysis City staff completed a site selection process to determine a preferred location for the new Pickleball facility. It was found that the location of M.F. Ker Park (3420 Sinnicks Avenue) was rated the highest in the evaluation. M.F. Ker Park has existing tennis courts that are nearing the end of their service life. These poor-condition tennis courts could be converted to new pickleball courts in a more cost-effective manner than building on a new site. The reduction of these 2 tennis courts from the City-wide inventory is supported in the 2021 Niagara Falls Recreation, Culture & Parks Plan. Page 1 of 4 Page 249 of 484 From December 14, 2023, to February 14, 2024, City staff undertook a public engagement process to get the community feedback on the preferred M.F. Ker Pickleball facility. The engagement was done virtually with site signage installed at M.F. Ker Park. The consensus of the responses from the public was supportive of the M.F. Ker Park location. Staff received some resident feedback that expressed concern for potential noise. In response to these comments, City staff hired acoustic consultants from RWDI Climate and Performance Engineering to review the potential noise from pickleball on the nearby residences. RWDI found that the use of noise-attenuating curtains on the proposed pickleball perimeter fence would significantly reduce potential noise to local residences. Staff accepted this consultant's recommendation and are proposing the use of the noise attenuating curtains. If approved, construction of the new dedicated pickleball facility at M.F. Ker Park is expected to commence summer with completion fall of 2024. Operational Implications and Risk Analysis The proposed pickleball facility at M.F. Ker Park replaces an existing double tennis court facility in poor condition. Although the number of courts in service will be numerically larger, the amount of court surface area is similar and should not materially increase existing demands on maintenance staff resources. Financial Implications/Budget Impact Project funding of $350,000 was approved in the 2023 Capital Budget. Staff do not anticipate a need for additional funding at this time. Building the facility at M.F. Ker Park on the location of the existing tennis courts will remove the need to refurbish these courts in the short term as shown in the 10-year Parks Capital forecast. This will result in the elimination of a $275,000 projected project in 2027. Strategic/Departmental Alignment This project aligns with social sustainability priorities to promote residents' quality of life and well-being. List of Attachments M F KER PARK - PICKLEBALL FACILITY CONCEPT Written by: David Antonsen, Landscape Architect Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 24 Apr Page 2 of 4 Page 250 of 484 2024 Kira Dolch, General Manager, Planning, Building & Development, Acting CAO Approved - 24 Apr 2024 Page 3 of 4 Page 251 of 484 Page 4 of 4 Page 252 of 484 MW-2024-19 Report Report to: Mayor and Council Date: April 30, 2024 Title: Chippawa Parkway & Dorchester Road Infrastructure Improvements - Cost Sharing Recommendation(s) 1. THAT Staff be directed to enter a cost sharing agreement for local road improvements along Dorchester Road and Chippawa Parkway in conjunction with the Riverfront Development. 2. THAT Staff be directed to coordinate the design, construction, on-going operation and maintenance of the Riverfront Community pumping station with the Riverfront Developer Centennial Homes (Niagara) Inc.in accordance with Regional Policy. 3. THAT the Mayor and City Clerk be authorized to execute all necessary Operational and Maintenance Agreements, Development Agreements and/or Cost sharing Agreements. 4. THAT Council approve a 2024 Capital Budget Amendment in the amount of $4,850,000, inclusive of non-recoverable HST, funded from Development Charges. Executive Summary The Riverfront Development received draft approval by Council on October 30th, 2020. The of side north the on hectares is land of Chippawa 77.9 located Parkway approximately 1100m west of Stanley Avenue to approximately 1800m south of Oldfield Road. The two phased development will consist of multi-form residential that will provide up to 1045 dwelling units. The Developer share cost to agreed for Inc. (Niagara) Homes Centennial has improvements to the ultimate condition of the road reconstruction platform in lieu of performing reinstatements to the disturbed areas required for servicing their development. Such improvements include, but not limited to, reconstruction of approx. 3000m of Chippawa Parkway including drainage improvements, street lighting and a new multi-use path. Initial cost sharing breakdowns for the City’s portion of the improvements along Chippawa Parkway and upsizing of the watermain are projected be $4,850,000.00(Excl. HST). Page 1 of 6 Page 253 of 484 Staff is recommending a 2024 Capital Budget amendment for the costs associated with the additional growth-related infrastructure improvements. These growth-related improvements will also be included in the updated Development Charges Background Study. The purpose of this report is to recommend that Council direct Staff to further engage the Developer Centennial Homes (Niagara) Inc. and enter into a cost sharing agreement for improvements to the identified infrastructure along Chippawa Parkway. Background The Riverfront Development received draft approval by Council on October 30th, 2020. The 77.9 hectares of land is located on the north side of Chippawa Parkway approximately 1100m west of Stanley Avenue to approximately 1800m south of Oldfield Road. The two phased development will consist of multi-form residential that will provide up to 1045 dwelling units. To accommodate the development, the Applicant would be required to construct a pumping station and forcemain that would become future Regional assets as well as extend local sanitary/storm sewers and the watermain along Chippawa Parkway and Dorchester Road. Dorchester Road and Chippawa Parkway between Stanley Avenue and Oldfield Road consists of a rural cross section surface treated road platform. As part of Draft Approval, Staff have identified the need for local improvements along Chippawa Parkway and Dorchester Road that will support not only the Riverfront community but additional growth within this corridor. In addition, City Staff have implemented a Schedule B Municipal Class Environmental Study to review alternatives related to the Dorchester Road/Oldfield Road Intersection. The Report was completed and filed in the later part of 2023 with detailed design actively underway with the understanding to bring improvements forward for 2025 Capital Budget consideration. Since Draft Plan Approval, the Developer Centennial Homes (Niagara) Inc. has actively been coordinating with the City and Regional approval authorities. As part of the approvals of the pumping station and forcemain, City Staff were advised that Regional policy Regional accordance in constructed with works such that requires are specification but that initial ownership be transferred to the local Municipality and then transferred to the Region upon build out of the development and final assumption. Until final assumption by the Region of Niagara has occurred, Operation and Maintenance cost of the pumping station would be the sole responsibility of the Developer. Initial the of part as identified Chippawa Parkway for improvements 2019 were Development Charges Background Study. In addition, Staff have included in the upcoming 2024 Development Charges Background Study all cost shared improvements which fall in accordance with the City's Local Levels of Service. Page 2 of 6 Page 254 of 484 Analysis As part of the detailed design of the Riverfront Development, Staff have identified the need for improvements to Chippawa Parkway and Dorchester Road between Oldfield Road and Stanley Avenue including the upsizing of the local Watermain. Such improvements will further facilitate future growth along the southerly portion of the urban boundary area. In light of the extensive and required infrastructure for the Riverfront Community being proposed along Chippawa Parkway/Dorchester Road, the Developer, Centennial Homes (Niagara) Inc. has agreed to cost share for improvements to the ultimate condition of the road platform in lieu of performing reinstatements to disturbed areas. Such improvements include, but not limited to, reconstruction of approx. 3000m of Chippawa Parkway including drainage improvements, street lighting and a new multi- use path. Initial cost sharing breakdown is as follows: PROJECT DEVELOPER PORTION CITY OF NIAGARA FALLS PORTION Stage 1 Chippawa Parkway /Dorchester Road Improvements Cost Sharing–8100 Dorchester Road to 1200m east of Stanley Ave. $3,261,616.70 (Excl. HST) $2,843,072.00 (Excl. HST) Stage 1 Chippawa Parkway/ Dorchester Road Watermain– 8100Dorchester Road to 1200m east of Stanley Ave. $1,269,560.00 (Excl. HST) $317,390.00 (Excl. HST) Stage 2 Chippawa Parkway Improvements Cost Sharing–1200m east of Stanley Ave. to Kister Road Unopen ROW $739,175.50 (Excl. HST) $955,815.50 (Excl. HST) Stage 2 Chippawa Parkway Watermain– 1200m east of Stanley Ave.to Kister Road Unopen ROW N/A $261,200.00 (Excl. HST) Total (including 10% Engineering, Contract Administration and Inspection $5,767,387.42 (Excl. HST) $4,815,225.25(Excl. HST) Page 3 of 6 Page 255 of 484 Staff recommends Council pass a resolution directing Staff to further engage the Riverfront Developer Centennial Homes (Niagara) Inc. and enter into a cost sharing agreement to the infrastructure improvements identified. Requested improvements will align with Staff’s Local Servicing Definitions and will be identified as key projects in the upcoming Development Charges Background Study. Operational Implications and Risk Analysis The advancement of this project will allow for the City to capitalize on the Developer's responsibilities for reinstatement costs and limit the need for future increased solitary costs for similar works. Operation and maintenance of the proposed pumping station required to serve the Riverfront Community will be performed by the Region of Niagara on behalf of the City of Niagara Falls with costs associated of such work being the sole responsibility of the Riverfront Development. Staff recommend entering into operation and maintenance agreements with both the Riverfront Development and Region of Niagara until such time as final assumption of the infrastructure is transferred over to the Region of Niagara. Financial Implications/Budget Impact To ensure the City is able to meet development timelines, Staff is requesting Council approve a 2024 capital budget amendment for the City’s portion of the work, totaling $4,850,000.00, inclusive of non-recoverable HST. Staff is recommending this be funded by Development Charges and Staff will be identifying the requested improvements in the upcoming Development Charges Background study. Payment for City's portion of works for Stage 1 to be made in 2025 following completion of works and Stage 2 works in 2026 following completion of works. Strategic/Departmental Alignment Implementation of this project meets the intent of Council’s 2023-2027 Strategic Priorities relating to sustainable finances and growth. List of Attachments Location Map Written by: Nick Golia, Senior Project Manager/Development Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 19 Apr 2024 Kira Dolch, General Manager, Planning, Building & Approved Page 4 of 6 Page 256 of 484 Development, Acting CAO - 22 Apr 2024 Page 5 of 6 Page 257 of 484 Attachment 1 Location Plan This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/ or distributed without this disclaimer.Path: K:\GIS_Requests\2024\Custom\Municipal Works\Dorchester Chippawa Parkway\Dorchester-Chippawa Parkway Location Map\Dorchester-Chippawa Parkway Location Map.aprx, Location Map Date: 4/19/2024 RIVERFRONT COMMUNITY IMPROVEMENTS & COST SHARING FUTURE CAPITAL ROAD & WATERMAIN IMPROVEMENTS FUTURE CAPITAL ROAD & INTERSECTION IMPROVEMENTS ¯ Page 6 of 6 Page 258 of 484 PBD-2024-17 Report Report to: Mayor and Council Date: April 30, 2024 Title: Walker South Landfill Phase 2 Environmental Assessment Request for Comments on Terms of Reference Recommendation(s) That Council receive Staff Report PBD-2024-17 and direct that a copy of this report be forwarded to Walker Environmental Group for inclusion in comments on the Terms of Reference for the Environmental Assessment for the Proposed Walker South Landfill Phase 2. Executive Summary The Walker Environmental Group operates a landfill on its lands on the west side of Taylor Road, south of Mountain Road. As this landfill is nearing capacity, Walkers is proposing to expand landfill operations to the south-west corner of Taylor Road and Mountain Road and has initiated a terms of reference process for an Environmental Assessment (EA) for this proposed landfill. Such a landfill has the potential of substantial land use compatibility, hydrogeology and natural heritage, cultural, economic and transportation implications for the City. In addition, Official Plan and Zoning By-law amendments will be required to permit the landfill, should the EA be approved. The proposed terms of reference (TOR) has been reviewed: it is recommended that the terms of reference address the following matters:  That the Province be advised that the proposed landfill requires local land use approvals (Official Plan and Zoning By-law amendments).  That the TOR refer to City, Regional and other local agency terms of reference and study guidelines, where applicable, to assist in guiding the preparation of studies being undertaken for the EA.  That the EA consider urban lands closest to the proposed landfill, within the North-West Secondary Plan, as residential for the purpose of land use compatibility. Page 1 of 36 Page 259 of 484 Background The Walker Environmental Group ("Walker")operates a landfill on its land holdings on the west side of Taylor Road, south from Mountain Road, know as the "South Landfill". The landfill is part of their Resource Management Campus which also includes the production of landfill gas from waste disposal, a composting facility, resource recovery and waste recovery/waste diversion and facilities for waste and recycling drop off. The South Landfill began operation in 2009 and is expected to reach capacity between 2029 and 2031. To provide future capacity, Walkers is proposing to expand the landfill onto lands on the east side of Taylor Road, south of Mountain Road ("South Landfill Phase 2") once the current quarry use ceases. The South Landfill Phase 2 area is estimated to be able to accommodate 18 million cubic metres of solid, non -hazardous waste over an operating period of about 20 years, similar to the capacity and operating period of the existing landfill. Schedule 1 Shows the approximate location of the proposed landfill, along with the location of the existing landfill. Walker has drafted a Terms of Reference("TOR") to conduct an Environmental Assessment ("EA"). Approval of the TOR and the ultimate EA is a decision made by the Minister of the Environment, Conservation and Parks. The TOR was published for review by the public, municipalities, government agencies, First Nations and other interested persons on March 7, 2024, with a request for comments by April 22. Due to Council schedule, preparation of a report was not possible, and a preliminary letter was sent to ensure comments were submitted in time. A note has been made in the letter that additional comments may be provided after Council consideration. Once the TOR is finalized and approved by the Minister, the EA is expected to commence. Walkers anticipates the EA to be complete around the year 2027. Currently the Official Plan and Zoning By-law permits a landfill operation on the existing South Landfill site. Walkers will need to submit and obtain approval for an Official Plan and Zoning By-law Amendment application, as well as a Region Official Plan Amendment, to permit the use of the South Landfill Phase 2 lands as a landfill. Process A process flow chart is attached as Appendix 1. In simplified terms, the process for the landfill is as follows:  The applicant conducts a government and public review of the draft TOR.  The applicant submits the TOR to the Minister, who may approve or reject it.  Proponent completes studies and submits the EA based on approved final TOR; opportunity for review by Agencies, the public and other interested groups or persons is offered. Page 2 of 36 Page 260 of 484  The Ministry of the Environment, Conservation and Parks (MECP) Reviews the EA and issues a notice of completion, allowing a public inspection of the review.  The Minister approves, approves with conditions or refuses the EA. The Minister may also refer the EA to a mediator, or refer the EA for a decision by the Environmental Review Tribunal.  If the EA is approved, use of the land as a landfill will require local and Regional land use applications to be approved under typical Planning Act processes. It is noted the current landfill went through a similar process approximately 20 years ago, with an EA approval followed by local and Regional decisions on land use planning applications. Terms of Reference The EA process is a comprehensive review process involving the submission of detailed multidisciplinary studies and review and an opportunity to comment by the public, municipalities, First Nations and other government agencies. Walkers has identified the following studies are to be submitted:  Geology and Hydrogeology  Surface Water Resources  Terrestrial and Aquatic Environment (Environmental Impact Study)  Noise  Air Quality and Odour  Land Use (Planning Justification and Visual Impact)  Agricultural  Transportation  Social (including any possible displacement, as well as the use and enjoyment of residential and pubic properties and changes to community character and cohesion)  Economic Impact  Archaeology and Built Heritage Alternative Analysis The proposed TOR outlines a process in which alternatives to a new or expanded landfill are evaluated, as detailed in the MECP Code of Practice: Preparing and Reviewing Terms of Reference for Environmental Assessments in Ontario" publication. If an analysis is being conducted my a municipality may include waste diversion, export, landfill or thermal technology, and can include a site selection process. It is noted that as the EA is being put forth by a private corporation, alternatives are more limited. The Code of Practise notes that a private sector proponent may only consider a landfill or on site diversion se alternatives as they could not implement municipal waste diversion, exporting would conflict with their business and thermal Page 3 of 36 Page 261 of 484 technology is typically not economically viable dues to small volumes for a private applicant. Walkers has conducted an analysis and noted that the expansion of the current facility is the most reasonable solution for the following reasons:  It would not be economically viable to buy additional property and establish a new facility.  Recent legislative changes (Bill 197) creates significant risk and barriers to developing a new facility at a separate location.  Existing infrastructure on the Walker Complex provides integrated resource recovery services that can be utilized, something that a stand alone facility cannot provide.  Walker does not own sites in close proximity to their campus that are of sufficient size to accommodate the proposed landfill. Therefore, the EA is not intended to consider alternative sites. Study Area The proposed terms of reference identifies an approximate local study area extending about 2-3 kilometers from the proposed South Landfill Phase 2 Site. This incorporates rural areas north of Beaverdams Road, a small portion of the Mount Carmel neighbourhood, and the North-West Secondary Plan Area east of Kalar Road and South of Mountain Road. A regional study area is discussed, however a specific spatial area is not described. Both the local and regional study areas are intended to be refined in the specific studies. A more detailed description is provided in Appendix B - Proposed Work Plan Public Open House An open house was held by Walkers on December 14, 2023 and was attended by Approximately 45 persons. Attendees had questions and concerns about various matters, including noise, odour, dust, visual and traffic impacts, the protection of property values and the community benefit of the landfill. A summary of comments was provided by Walkers and is attached as Appendix C. In addition to the open house Walkers has had meetings with City staff and staff from the Region and surrounding municipalities. These meetings were intended to introduce the project and answer preliminary questions. Analysis Page 4 of 36 Page 262 of 484 Staff provide the following comments for Council's consideration. Coordination with Land Use Approvals It is confirmed that the use of the subject land for a will require amendments to the City's Official Plan and Zoning By-law, as well as to the Regional Official Plan. this process involves conducting a pre-consultation meeting with the applicant to identify study requirements, submission and review of an application, consultation with the public and agencies, and a decision by Council following a statutory meeting. Council's decision may be appealed by to the Ontario Land Tribunal. Staff acknowledge the normal process followed by an EA, where land use matters will be addressed should an EA be approved by the Minister or Environmental Review Tribunal. Consideration of the land use applications under the Planning Act are therefore not expected to start for several years. A pre-consultation process would occur no more than one year ahead of submission of development applications. However, use of the land for a landfill would not be permitted until the land use approvals are in effect. Staff recommend that the City advise that the land use as a landfill will require local land use approvals under the Planning Act and cannot be supported unless or until such time as Official Plan and Zoning By-law Amendments, if approved, are in force. Terms of Reference (TOR) The requirements for the land use applications will be determined at the time of pre- consultation. Staff note that many of the study requirements of the EA are similar to those that would be expected as requirements of the land use applications, including land use compatibility (noise, odour and air quality), natural heritage, hydrogeology, agricultural impact, economic impact and transportation studies. The TOR for studies required for future development applications would typically be completed and reviewed at the pre-consultation stage, which is not expected to be undertaken for at least a couple of years. The City has terms of reference and study guidelines for several of the studies listed, including transportation, agriculture, land use compatibility and noise. In addition, the Niagara Region, To assist in efficiency in completing studies that address the EA and the future land use planning applications , and to ensure studies are prepared that address local matters, it is recommended the TOR refer to City and other local agency terms of reference and study guidelines and studies be completed in accordance with these documents. It is noted that, at the time of land use application review, the City may not have the expertise to review certain studies. In this case the practice is to retain third party peer review experts, at the cost of the applicant, to review and provide opinion to the City. Page 5 of 36 Page 263 of 484 North West Secondary Plan The proposed landfill will be located closer to the City's urban boundary, particularly lands affected by the North West Secondary Plan located east of Kalar Road and south of Mountain Road. This Secondary Plan project has commenced, is expected to be completed in 2025, and will determine specific land uses for this area. Nevertheless, the Secondary Plan is expected to have a residential component in order to meet housing targets, Given the sensitive nature of residential uses and the potential of being impacted by a landfill, it is recommended studies consider potential residential uses in this Secondary Plan area, along with other existing and planned residential areas. Operational Implications and Risk Analysis Review of the EA as well as processing of future land use applications, are anticipated to take substantial staff time. It is recommended that staffing levels to adequately process such work be considered in future budget considerations. Financial Implications/Budget Impact Responding to the the EA process and processing future land use applications for the landfill may result in substantial costs to the City in terms of staffing. It is recommended that future Schedule of Fees updates consider full cost recovery for the land use applications. List of Attachments Schedule 1 - Location Map Appendix A - Environmental Assessment Process Appendix B - Open House December 14 2023 Appendix C - Proposed Work Plan Written by: Andrew Bryce, Director of Planning Submitted by: Status: Andrew Bryce, Director of Planning Approved - 23 Apr 2024 Kira Dolch, General Manager, Planning, Building & Development, Acting CAO Approved - 23 Apr 2024 Page 6 of 36 Page 264 of 484 Location Map Print Date:© City of Niagara Falls 4/5/2024 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Page 7 of 36 Page 265 of 484 Page 8 of 36 Page 266 of 484 Page 9 of 36 Page 267 of 484 Page 10 of 36 Page 268 of 484 Page 11 of 36 Page 269 of 484 Page 12 of 36 Page 270 of 484 Page 13 of 36 Page 271 of 484 Page 14 of 36 Page 272 of 484 Page 15 of 36 Page 273 of 484 Page 16 of 36 Page 274 of 484 Page 17 of 36 Page 275 of 484 Page 18 of 36 Page 276 of 484 Page 19 of 36 Page 277 of 484 Page 20 of 36 Page 278 of 484 Page 21 of 36 Page 279 of 484 Page 22 of 36 Page 280 of 484 Page 23 of 36 Page 281 of 484 Page 24 of 36 Page 282 of 484 Page 25 of 36 Page 283 of 484 Page 26 of 36 Page 284 of 484 Page 27 of 36 Page 285 of 484 Page 28 of 36 Page 286 of 484 Page 29 of 36 Page 287 of 484 Page 30 of 36 Page 288 of 484 Page 31 of 36 Page 289 of 484 Page 32 of 36 Page 290 of 484 Page 33 of 36 Page 291 of 484 Page 34 of 36 Page 292 of 484 Page 35 of 36 Page 293 of 484 Page 36 of 36 Page 294 of 484 R&C-2024-05 Report Report to: Mayor and Council Date: April 30, 2024 Title: Gale Centre Agreements with the Jr A Canucks & Jr C Riverhawks Recommendation(s) 1. That Council approve the extension of the existing agreements with the Jr A and Jr C team for 1 year with the same financial terms. 2. That Staff provide a full review of the Junior team’s agreements and prepare options to Council for the 2025 operating budget. 3. That the Mayor and Clerk be authorized to execute the agreements. Executive Summary The Pietrangelo Amateur Hockey Association (Canucks) and the Chippawa Jr C Hockey Club (Riverhawks) are the two Junior Hockey Clubs operating in Niagara Falls. The Clubs have had a licensing agreement that outlines their access to services and amenities at the arena facilities. The Canucks agreement expires in May of 2024 and the Riverhawks agreement expires in August of 2024. The Canucks have been operating as a Junior B team for over 50 years until being approved to join the Junior “A” level Ontario Junior Hockey League (OJHL) as an expansion package a with staff provided in Canucks The 2023. franchise have requesting amendments to the existing agreement which includes increased support for the team (Attachment 1). Background The Gale Centre opened in June 2010. When the facility opened, seven youth tenant organizations (Junior B Canucks, Junior C Riverhawks, Niagara Falls Girls Hockey Association, Niagara Falls Minor Hockey Association, Niagara Falls Skating Academy, Niagara Falls Ringette & Recreational Minor Hockey Association) were housed at the facility. Prior to opening the Gale Centre, the 2 Junior teams were permitted to sell advertising within the arenas they used (Niagara Falls Memorial – Canucks and Chippawa Willoughby Arena – Riverhawks). Page 1 of 23 Page 295 of 484 Council, on May 7, 2007, approved the development of the Gale Centre project. Part of the agreement for the business plan was that the city would develop and control all advertising opportunities within the Gale Centre. Recognizing that revenues from advertising the teams, two the to Junior of source important an were revenue recommendation of the report to Council at that time was that each team should receive an operating grant in lieu of the advertising revenue they would no longer receive. The current operating grant for the Canucks is $60,000 and $20,000 for the Riverhawks. The grant amounts were determined by an audit of their revenue through advertising at Niagara Falls Memorial & Chippawa Arenas. The teams are charged the standard youth rates but do not pay for ice time throughout the year. At the conclusion of their season, the grant is applied to the seasons ice cost as payment. Staff invoice for the difference if the costs exceed the grant amount or a cheque is provided if the expenses are less than the grant amount. Historically, the Canucks have received a cheque between $21,000 - $28,000 depending on how long their season goes and the Riverhawks dollars season their cover to thousand owe a city the typically few expenses. The Canucks have provided staff with a package that includes details of their move to the OJHL, an overview of their first year as a Junior A team, potential league event opportunities and a request for increased support from the city. Staff have been contacted by the league with the potential to host one of the events listed in the package, the OJHL Governor’s Showcase. The Showcase is typically held during the week and the league is looking for a new location with a long-term commitment. The specific requests for a new Canucks agreement are:  Increasing the grant from $60,000 to $160,000  10-year term  Partner with the City to host the events listed in the package with the city being responsible for advertising and signage, arranging the major sponsors, decorating, and outfitting the Gale Centre and all non-hockey administration. All resulting profits and losses are to be shared by the team and the city.  City to supply a kiosk for sales of Canucks merchandise. Staff have completed a review of other OJHL teams to determine the level of support provided by their municipality (Attachment 2). Although the level of support varies, the existing agreements for the two Junior Clubs are very favourable in comparison to other teams. Of the teams surveyed, none are provided funding without having to do work such as sell advertising, operate a concession or pro shop. The Riverhawks provided staff with a letter requesting an increase in their annual grant (Attachment 3). The letter was received later in the report process and staff have not had the opportunity to do a comprehensive review (Attachment 4). Preliminary findings Page 2 of 23 Page 296 of 484 are that teams pay the standard ice rates and are provided a dressing room and storage at no cost. Some teams are permitted to sell advertising for a profit. The specific request from the Riverhawks is to increase the existing grant from $20,000 to $100,000. Analysis There are several options available to Council to provide support to the Junior teams. When doing the review of other OJHL teams and the support they receive, there are several potential options in the future:  The grants can continue, and the amount will be the decision of Council.  The grant amount can be determined by the amount of ice time utilized without a payout at the end of the season.  The agreement with the existing third-party advertiser expires in November of 2025. One option is to provide advertising responsibilities in the arenas to the Junior teams as in the past. There are several Junior teams in the Niagara Region (10 total). Teams all compete for spectators, sponsors, and support. The attendance for the Canucks and Riverhawks games depend on the success of the team, the opponent, and their proximity to Niagara Falls. The attendance at many Junior hockey games changed when the OHL Niagara Ice Dogs relocated to the Niagara Region for the 2006/07 season. The OHL is the highest level of hockey in the Niagara Region. The Ice Dogs average attendance in 2023/24 was 3,878 (high of 5,300 on Feb 16, 2024). The average attendance for the Canucks and Riverhawks increased in 2023/24. Canucks 2023/24 – 469 spectators on average (high of 1,075 on Feb 9, 2024) 2022/23 – 332 spectators on average (high of 424 on Feb 20, 2023) Riverhawks 2023/24 – 130 spectators on average (high of 360 on Sept 12, 2023) 2022/23 – 102 spectators on average (high of 235 on Nov 24, 2022) The spectator statistics were sourced from the league websites of the Greater Ontario Junior Hockey League, Ontario Junior Hockey League and Provincial Junior Hockey League. Financial Implications/Budget Impact As part of the operating budget process, City Council directed staff to find savings of $1,000,000. City staff are in the process of developing potential savings and new revenues to be reviewed by Council at a future meeting. The junior hockey team $80,000 grant will be one of the items listed for Council’s consideration. Strategic/Departmental Alignment Financial Stability, committed to be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources. List of Attachments Attachment 1 - NF Canucks - New Request Page 3 of 23 Page 297 of 484 Attachment 2 - Municipal Support of OJHL Teams Attachment 3 - Riverhawks - New Request Attachment 4 - Municipal Support of PJHL Teams Written by: Rob McDonald, Manager of Arenas & Customer Service Submitted by: Status: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Approved - 23 Apr 2024 Kira Dolch, General Manager, Planning, Building & Development, Acting CAO Approved - 23 Apr 2024 Page 4 of 23 Page 298 of 484 ATTACHMENT 1 Page 5 of 23 Page 299 of 484 Page 6 of 23 Page 300 of 484 Page 7 of 23 Page 301 of 484 Page 8 of 23 Page 302 of 484 Page 9 of 23 Page 303 of 484 Page 10 of 23 Page 304 of 484 Page 11 of 23 Page 305 of 484 Page 12 of 23 Page 306 of 484 Page 13 of 23 Page 307 of 484 Page 14 of 23 Page 308 of 484 Page 15 of 23 Page 309 of 484 Page 16 of 23 Page 310 of 484 Page 17 of 23 Page 311 of 484 Page 18 of 23 Page 312 of 484 Page 19 of 23 Page 313 of 484 Unclassified / Non classifié# ATTACHMENT 2 OJHL Teams - Municipal Support Municipality/Team Ice Rates Dressing Room Office Space Advertising Other Milton / Milton Menace Pay standard fees Yes at no charge None City provides ad opportunity at reduced rate and then Menace sell for a profit Pro Shop, concession & meeting room provided at no cost. Operate the bar during games. Oakville / Oakville Blades Pay standard fees Yes, provided an empty room, team responsible for upgrades and pay Council approved rental rate for use of room None Team able to resell board ads, no discount provided Town owns video scoreboard, team able to sell advertising for a profit. Town able to advertise during games in exchange. Burlington / Burlington Cougars Pay standard fees Yes at no charge but they share with a historical lacrosse summer user. Team would be reposnsible for any upgrades. Yes but pay per sq.ft rate No advertising provided to team, they can advertise through the City but have to pay regular rate If they need a meeting room, they pay hourly rate. Collingwood / Collingwood Blues No charge No charge Yes, no charge Team sells advertising and provides 30% back to Municipality for payment of ice and dressing room space. Minimum amount is $38,000 with an increase annually. Team operates concession. Leamington / Leamington Flyers Pay standard fees Yes, no charge for it. They have a trainers area with laundry, coaches room, storage for skate sharpening. Storage rooms too - no charge. Yes, no charge Pay Municipality $25,000 for exclusive use and then sell whatever they like. Ice logos, wall ads, boards. On ice every day, Thursday night games. Charge them $612 per game plus tx, includes 1 PT staff but don't manage inside rink security. Have their own liquor license and activate it during busy events. Halton Hills / Georgetown Raiders Pay standard fees Yes, charged for the use of private changeroom Yes, charged for the use of private office No advertising They do not get revenue from concession or pro shop. They operate a booster club before games in community room. Brantford / Brantford 99ers Pay standard fees Yes, charged $100 per month for use of all spaces Yes, office, small storage space & dressing room No advertising They have the centre ice logo at a cost. They run a licesned 50/50. Provided door staff for games and fee added to permit.Page 20 of 23Page 314 of 484 Unclassified / Non classifié# County of Prince Edward / Wellington Dukes Pay standard fees Yes, dressing room with trainers area, 2 storage rooms at no charge Yes, 1 office at no charge Yes, they have ability to sell board ads and ice logos and City staff install at no cost Township of Minden Hills / Haliburton Huskies Pay a reduced rate ($85/hr) based on $105,000 spent by team to renovate dressing rooms, offices etc. Yes - no charge based on renovation costs to space Yes - no charge based on renovation costs to space No advertising Team operates a bar with food on game days. Team has 2 vending machines. Team gets 1.5 hrs/wk inside gymnasium for dryland training and free memberships to fitness gym on site. Niagara-on-the-Lake / Niagara Predators (GMHL - different league but close proximity as comparison) Pay standard fees Pay a yearly fee for use of rooms - approx $3,000 Yes, part of yearly fee No advertising Team paid for upgrades to dressing room and office space Niagara Falls (CURRENT)Pay standard rates - grant applied at end of season ($60,000 grant) Yes, dressing room with 2 coaches offices, trainers room & laundry area. 2 offices inside dressing room - head coach and team manager. No advertising provided to Canucks, they do have the centre ice logo at their cost 3 storage rooms provided at no cost Niagara Falls (REQUESTED)Requesting increase to $160,000 Same Same Same Requesting the City to build a kiosk in rink #1 to sell merchandise Page 21 of 23Page 315 of 484 ATTACHMENT 3 April 12, 2024 Dear Rob McDonald and the City of Niagara Falls, Subject: Request for Grant Increase for the Niagara River Hawks I hope this letter finds you well. On behalf of the Niagara River Hawks, I am writing to express our sincere gratitude for the continuous support and funding provided by the City of Niagara Falls over the past years. The contribution of $20,000 annually has been instrumental in allowing our organization to thrive and make a positive impact in the community. However, as you are aware, the operational costs associated with running our programs have significantly increased over the past decade. From equipment and facility maintenance to coaching staff and player development, the financial demands placed on the Niagara River Hawks have grown substantially. In light of these escalating expenses and our commitment to maintaining the quality and accessibility of our programs, we kindly request a grant increase from $20,000 to $100,000 annually. This additional funding would enable us to not only cover our current operating costs but also expand our reach and enhance the overall experience for our athletes and community members. We believe that investing in youth sports is crucial for the well-being and development of our future generations. The Niagara River Hawks are dedicated to providing opportunities for young athletes to learn, grow, and excel both on and off the ice.With your continued support, we can continue to fulfill our mission and make a meaningful difference in the lives of individuals throughout the Niagara Falls area. Fred Sacco, as General Manager of the Niagara River Hawks, assures you that any increase in funding will be utilized efficiently and transparently to maximize its impact on our programs and participants. Thank you for considering our request. We are eager to discuss this matter further and provide any additional information you may require. Together, we can continue to empower the youth of Niagara Falls and foster a thriving community. Warm regards, Sent from my iPhone. Fred Sacco Page 22 of 23 Page 316 of 484 Unclassified / Non classifié# ATTACHMENT 4 PJHL Teams - Municipal Support Municipality/Team Ice Rates Dressing Room Office Space Advertising Other Hamilton / Dundas Blues Charged youth rate Yes at no charge No Yes, ability to sell advertising for revenue Storage at no charge Haldimand County / Dunnville Jr Mudcats Charged youth rate Yes at no charge Yes at no charge No advertising, County coordinates advertising and retains revenue Storage at no charge Hamilton / Glanbrook Rangers Charged youth rate Yes at no charge No Yes, ability to sell advertising for revenue Storage at no charge Haldimand County / Hagersville Hawks Charged youth rate Yes at no charge Yes at no charge No advertising, County coordinates advertising and retains revenue Storage at no charge Norfolk County / Port Dover Sailors Charged youth rate Yes at no charge Yes at no charge No advertising, a 3rd party company coordinates the advertising and offer organizations 30% of the rvenue if they bring the business Storage at no charge Niagara Riverhawks (CURRENT)Pay standard rates - grant applied at end of season ($20,000 grant) Yes, dressing room with 2 coaches offices, trainers room & laundry area. 2 offices inside dressing room - head coach and team manager. No advertising provided to Riverhawks, they do have 2 ice logos at their cost 2 storage rooms provided at no charge Niagara Riverhawks (REQUESTED)Requesting increase to $100,000 Same Same Same Same Page 23 of 23Page 317 of 484 1 Heather Ruzylo Subject:Council Report Niagara Falls Canucks OJHL hockey club From: Bill Matson <billmatson@niagarafalls.ca> Sent: Wednesday, April 24, 2024 8:50 AM To: CHRIS GALLAGHER < Cc: Rob McDonald <rmcdonald@niagarafalls.ca>; Brandon Boone <brandon@niagarafallscanucks.com>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Margaret Corbett <mcorbett@niagarafalls.ca> Subject: RE: [EXTERNAL]-Council Report Niagara Falls Canucks OJHL hockey club Chris, Thanks for reaching out and confirming your attendance at the April 30 th Council meeting. At the appropriate time, the Mayor will give you both an opportunity to address the staff report and you will have up to 5 minutes to make your comments. Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: CHRIS GALLAGHER < Sent: Tuesday, April 23, 2024 6:38 PM To: Bill Matson <billmatson@niagarafalls.ca> Cc: Rob McDonald <rmcdonald@niagarafalls.ca>; Brandon Boone <brandon@niagarafallscanucks.com> Subject: [EXTERNAL]-Council Report Niagara Falls Canucks OJHL hockey club Hello Bill, I would like to request the opportunity to speak to council on behave of Niagara Falls Minor Hockey Association in support of the Niagara Falls Canucks Junior A hockey team. The Niagara Falls Minor Hockey Association (NFMHA) has been in existence since 1970 when Stamford Minor Hockey AAA amalgamated with Niagara Falls Minor Hockey AA, to form the greater NFMHA! Today, we have over 650 players ranging in age from 5 to 18 yrs old that represent our House league and travel hockey teams. Niagara Falls Minor Hockey Association is committed to providing an opportunity to all participants to play in a league where the caliber of hockey is equal to their ability and provides a wholesome environment and experience for personal growth and team play. Our focus will be towards creating an environment for young players to develop and providing an atmosphere for role models and mentors to grow. The Niagara Falls Canucks have just completed their first season after being approved for reclassification in the Ontario Junior Hockey League (OJHL) as an expansion franchise. The Canucks Page 318 of 484 2 first season was an overwhelming success and produced an opportunity for local junior hockey grow in the City of Niagara Falls! In recognition of this and to strengthen the relationship between the Niagara Falls Canucks and Niagara Falls Minor Hockey, we as an organization decided to rebrand ourselves from the Niagara Falls Flyers to the Niagara Falls Canucks for the upcoming 2024-2025 season. These relationships between the City and hockey in Niagara Falls are the foundation for community sports. Respectfully submitted, Chris Gallagher Niagara Falls Minor Hockey Association Page 319 of 484 L-2024-06 Report Report to: Mayor and Council Date: April 30, 2024 Title: Construction Fencing By-law Our File No. 2024-03 Recommendation(s) 1. That Council receive this Report for information purposes; 2. That Council approve and enact the Construction Fencing By-law attached as Attachment 1 to this Report (hereinafter referred to as the “Construction Fencing By-law”); 3. That Council delegate authority to the Chief Administrative Officer, the General Manager of Planning, Building and Development, the Manager of Municipal Enforcement Services, Chief Building Official and the City Solicitor and their further delegates, as appropriate, to take any step or action necessary to administer the Construction Fencing By-law. Executive Summary The purpose of this by-law is to regulate the integrity of construction fencing around construction project sites in the jurisdiction of the City. The proposed by-law expands on current obligations of construction project owners under the Building Code Act, the property standards by-law, and construction/development contracts with the City. Background At the Council meeting of November 14, 2023, Staff was given direction to (a) investigate ways to secure active construction sites; and (b) to ensure that fencing around active construction sites be aesthetically pleasing and decorative. As a result, Staff has considered the matter of regulating construction fences (which are temporary and protective in nature and distinct from permanent fences marking boundary and lot lines of adjacent properties) as well as reviewed how to best oversee the integrity and physical appearance of construction fencing. Staff has therefore prepared the Page 1 of 6 Page 320 of 484 attached proposed by-law to regulate and enforce secure construction fencing around construction sites that are in progress and abandoned for a long period of time. There are a few instances in the City where fencing has been put around open pits and the fencing is not secure at all times, and the City has received complaints as a result of these situations. The proposed by-law is intended to provide a consistent approach to regulate these sites. Analysis The safety and security of construction sites is a paramount obligation already secured under several applicable legislation and contracts. In particular, the City’s property standards by-law 2015-101 provides at section 6.1.2: “Any well, cistern, cesspool, privy vault, pit or excavation shall be permanently sealed or secured by a fence, cover or netting, unless it is in active use in which event it shall be secured by fencing and warning signs until the use has ceased, whereupon they shall be sealed or secured as required.” The proposed construction fencing by-law is intended to supplement and augment the regulation imposed by this property standards by-law provision. The reference to a fence in the by-law is not to be confused with a “lawful fence” or a “line fence” under the Line Fences Act, which refers to demarcating property lines in a permanent manner as between adjoining neighbours, as opposed to securing and protecting active construction sites. Contracts that the City enters into with construction contractors also contain numerous provisions requiring construction contractors to ensure the safety, security and integrity of active construction sites. The proposed construction fencing by-law is intended to clarify and prescribe City-specific standards for construction fencing. The proposed by-law is hoped to provide clarity and ensure a consistent enforcement approach. It will also apply retroactively to current construction sites. With respect to the aesthetic appearance of such a fence, various sections in the proposed by-law provide options to improve the look of the allowable fencing such as uniform painting, art, the contractor’s name/logo or signage for the existing or future building. The option to provide uniform painting or art on the fencing must be approved by the General Manager of Planning, Building and Development. The logo or signage option must be accordance with the City’s sign by-law. Page 2 of 6 Page 321 of 484 The proposed by-law also contemplates aesthetics by incorporating language to ensure that vandalism is removed as soon as practicable as well as ensuring that the fencing material is consistent. Financial Implications/Budget Impact Staff anticipate enforcing the by-law using current resources. Therefore, there is no known financial impact to report at this time. Strategic/Departmental Alignment The attached by-law aligns with the City’s strategic pillars of Social Sustainability, and in particular, the objective of addressing the issue of neglected properties, as well as Environmental Sustainability, in that infrastructure is kept in good repair and the well- being of neighbours is looked after. Contributor(s) Luciano Chieca, Chief Building Official List of Attachments Attachment #1 - Construction Fencing By-law Written by: Nidhi Punyarthi, City Solicitor Submitted by: Status: Nidhi Punyarthi, City Solicitor Approved - 19 Apr 2024 Shelley Darlington, General Manager of Corporate Services Approved - 22 Apr 2024 Kira Dolch, General Manager, Planning, Building & Development, Acting CAO Denied - 24 Apr 2024 Page 3 of 6 Page 322 of 484 CITY OF NIAGARA FALLS By-law No. 2024-XXX A by-law to prescribe construction fencing as it relates to building permits issued under the Building Code Act. WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c. 25 (“Municipal Act”) provides, that the Council of a lower-tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Subsections 7(1)(i) and (j) of the Building Code Act, 1992, S.O. 1992, c. 23 (“Building Code Act”) provides that the Council of a municipality may pass by-laws requiring the person to whom a permit is issued to erect and maintain fences to enclose the site of the construction or demolition within such areas of the municipality as may be prescribed, and to prescribe the height and description of the fences required; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions (a) “Building Permit” means a permit issued under the Building Code Act, which permits the construction, renovation, demolition, or change of use of a Building including but not limited to the construction of the foundation of a Building; (b) “Chief Building Official” means a chief building official appointed by Council of the City under section 3 or 4 of the Building Code Act; (c) “City” means The Corporation of the City of Niagara Falls; (d) “Public Walkway” means a sidewalk, pathway, trail, street, highway, square or other open space to which the public has access, as of right or by invitation, expressed or implied; and (e) “Construction Fence” or “Construction Fencing” is fencing used to enclose a construction site. 2. Construction Fencing Requirements (a) Construction fencing must be provided to enclose the area where a building is under construction, alteration, demolition, incomplete, abandoned or damaged by fire or otherwise, as well as any site in close proximity to spaces where the public may congregate or where the City deems the site a hazard to the public or a safety concern. Page 4 of 6 Page 323 of 484 2 3. Location of Fencing (a) Every fence required under this by-law shall be located on the perimeter of the construction site and must be structurally sound. (b) Fencing shall be located on the property where the subject Building Permit applies. At no time shall fencing encroach into other properties or City road allowances unless prior consent has been obtained. 4. Construction Specifications – Commercial, Tourist and BIA Zones (a) In all commercial, tourist and BIA areas of the City or adjacent to all such areas or where the City deems it is required, the fencing must be of one uniform material and shall be a minimum of 12.5mm thick smooth exterior grade plywood, wafer board, OSB or equivalent. (b) Wood shall be of a natural colour, or painted one of the three optional colours – brown, grey or black or as approved by the General Manager of Planning, Building and Development or their designate. (c) Any vandalism, including but not limited to spray painting and graffiti , on the fencing surface shall be erased, covered or painted over as soon as is reasonably practicable. (d) If art is to be commissioned and placed on the construction fencing, all such art shall be proposed to and subject to the discretionary approval of the General Manager of Planning, Building and Development or their designate. (e) When the site is located 3.0 metres or less from a Public Walkway or where the public congregates, the fence must be at least 1.8 metres high measured from grade outside of the enclosure. The fence height may be reduced to a minimum of 1.2 metres high only if the activity involves a residential building of no more than 3 storeys and is also located more than 3.0 metres from an adjacent Public Walkway. (f) Wood fencing may have the contractor name/logo on the fencing or signage for the future or existing building. Any signage shall, where applicable, comply with the City’s sign by-law and is to be approved by the City. (g) No rails, other horizontal or diagonal bracing, attachments, or pattern of openings on the outside of the fence that would facilitate climbing will be permitted. (h) No openings in the fence that will permit a spherical object of 100mm in diameter and no gaps below the fencing greater than 100mm will be permitted. (i) Gated entry and exits must be clearly identified and securely closed and locked during non-construction hours. The fence may be equipped with openings sufficient to accommodate construction vehicles, machines and Page 5 of 6 Page 324 of 484 3 any other equipment providing services to the construction site provided that these openings are securely closed off when no construction is being carried out on site including daily shutdowns. (j) Every fence required under this by-law shall be removed no later than 20 business days after completion of the construction or demolition work. (k) Fencing must comply with the Ministry of Labour fencing requirements and the Occupational Health and Safety Act, O. Reg. 213/91: Construction Projects provisions in sections 64-66 - “Public Way Protection,” where applicable. 5. No Conflict Nothing in this by-law derogates from or is intended to substitute or supersede the obligation to comply with all other applicable laws of the municipality and of other regulatory authorities. 6. Non-application of the Line Fences Act The Line Fences Act, R.S.O. 1990, c. 17 (“Line Fences Act”) does not apply to fences referred to in this by-law. 7. Retroactive Application This by-law shall apply retroactively to all existing construction projects in the jurisdiction of the City. 8. Offence and Liability Every person who contravenes any provision of this by-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and upon conviction is liable to a fine as provided for under the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33 (“Provincial Offences Act”). Read a First, Second and Third time; passed, signed, and sealed in open Council this XXth day of X, 2024. ................................................................ ................................................................ WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 6 of 6 Page 325 of 484 F-2024-17 Report Report to: Mayor and Council Date: April 30, 2024 Title: 2023 Parking Fund Budget to Actual Variance (Unaudited) Recommendation(s) THAT Council RECEIVE the Parking Fund Budget to Actual Variance report for the year ended December 31, 2023. Executive Summary This report is intended to provide Council with information and details pertaining to the 2023 budget to actual variance results for the year ended December 31, 2023 for the Parking Fund. Within attachment 1, if there is a note number notation to the right of the variance column, there is a corresponding explanation to that note number located in the analysis section of this report. Please refer to this report in conjunction with the attachment. Background Council has expressed a desire to view actuals in conjunction with the budget. One goal of the Finance department is to provide Council with regular, quarterly budget variance reports. The 2022 audited financial statements expected to be presented to Council by the end of Q2 2024. Staff have prepared the unaudited 2023 budget to actual results of the Parking Fund. Analysis Attachment 1 contains the Parking Fund 2023 budget to actual variance. The following notes correspond to the statement contained in Attachment 1. Revenues 1. Fines had a favourable variance of $157,000. The fine revenue is on an upward trend returning to and exceeding pre-COVID levels, this can be attributed to Councils approval of an increase in parking fines of 10% (F-2023-09 4.1.2) and an increase in the level of enforcement in key areas and times. 2. User Fees had a favourable variance of $334,000. User Fees revenue is driven by on-street and parking lot revenue from pay meters. The 2023 parking meter Page 1 of 5 Page 326 of 484 revenues have returned to pre-COVID levels. This trend can be seen with all Parking Services revenues as more traffic to the Falls is done post-COVID. Specifically Parking Services has seen a significant increase in Honk Mobile revenue generation in 2023 over 2022. 3. Licenses had an unbudgeted favourable variance of $32,500. In 2023, a payment of $30,000 was made to settle back arrears until December 31, 2022 for a billboard lease agreement in Parking Lot #20. A new license lease agreement of $2,500 was paid for the 2023 year. This variance has been addressed in the 2024 budget process. 4. Transfers from Special Purpose Reserves was budgeted at $156,512 to transfer funding from the Tax Rate Stabilization reserve but due to the Parking Operations surplus in 2023, no transfer is needed. This funding is transferred from the levy budget and as a result there will be a subsequent savings in the general operating budget. Transfers to Reserve Funds the surplus of $496,885 from Parking Operations has been transferred to Parking Discretionary Reserve Fund #400152 to replenish the reserve fund from the impacts of COVID-19. Expenses 5. Materials had a favourable variance of $37,000 largely due to a delay in procuring parts for parking machine repairs and maintenance. There is also a small negative variance of $3,000 in electricity due to increased use of EV charging stations which has been accounted for in the 2024 budget. All other items were in line with budget. 6. Contracted Services had a favourable variance of $121,000. This is largely due to a favourable variance of $77,000 in Contracted services for Commissionaires as a result of removing overnight shifts in the spring and summer due to staff absences, as well as some outstanding invoices for parking machine system maintenance. There is also a favourable variance of $43,750 in Snow Plowing due to a mild winter in 2023. 7. Rents and Financial Expenses had an unfavourable variance of $66,000. This is largely due to the increased the volume of MTO charges causing an unfavourable variance of $31,000. In addition, due to the increased adoption of Honk mobile; there was an unfavourable variance of $18,000 in Honk Mobile Licensing Fees, this is offset by the favourable variance in user fee revenues (see Note 4). This has been accounted for in the 2024 budget. 8. Internal Rent had a favourable variance of $15,000. Internal rents are the charges that we calculate for fleet gas usage, insurance, and future fleet replacement. The 2023 budget was developed under the assumption that fuel Page 2 of 5 Page 327 of 484 prices would remain at an all-time high, however during the year fuel prices have declined. Operational Implications and Risk Analysis Revenues have rebounded in 2023 and have exceeded pre-COVID levels, this resulted in a surplus of $496,885 at 2023 year-end. As a result, the parking fund is in a position to not rely on any funding from the Tax Rate Stabilization Reserve and in a position to contribute the surplus to the Parking Reserve fund. Financial Implications/Budget Impact This report is financial in nature with details throughout. It's important to highlight that the goal of the parking fund is to be self-sustaining. The parking fund has been engaged in a multi-year battle to regain its financial health and return to a surplus position. The challenges posed by COVID-19 and the removal of parking on Clifton Hill have shaped this ongoing struggle. As we move forward, careful financial management and revenue enhancement will be crucial to achieving the fund’s self-sustaining goal. Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments: 1. To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long- term choices that allow core City programs and services to be sustainable now and into the future. 2. To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. List of Attachments F-2024-17 Attachment 1 - 2023 Parking Fund Budget to Actual Comparison (unaudited) Written by: Sebastian Zukowski, Senior Financial Analyst Submitted by: Status: Tiffany Clark, Director of Finance Approved - 22 Apr 2024 Shelley Darlington, General Manager of Corporate Services Approved - 23 Apr 2024 Page 3 of 5 Page 328 of 484 Kira Dolch, General Manager, Planning, Building & Development, Acting CAO Approved - 24 Apr 2024 Page 4 of 5 Page 329 of 484 Attachment 1 F-2024-XX April 30, 2024 2023 Year End Budget to Actual Comparison Budget Actuals (Over)/ Under Budget Variance (Over)/ Under 2023 2023 $% REVENUES Fines 476,600 633,443 (156,843)(32.9%)[1] Permits 157,300 165,370 (8,070)(5.1%) User Fees 638,200 972,490 (334,290)(52.4%)[2] Licenses 0 32,500 (32,500)0.0%[3] Miscellaneous Revenue 1,272,100 1,803,803 (531,703)(41.8%) From Special Purpose Reserves 156,512 0 156,512 100.0%[4] Internal Transfers 156,512 0 156,512 100.0% TOTAL REVENUE 1,428,612 1,803,803 (375,191)(26.3%) EXPENSES Labour 421,458 407,940 13,518 3.2% Employee Benefits Allocation 124,569 119,418 5,151 4.1% Overtime 1,500 3,340 (1,840)(122.7%) Labour and Benefits 547,527 530,698 16,829 3.1% Materials 82,900 46,124 36,776 44.4% Professional Development 800 295 505 63.1% Insurance Premiums 230 220 10 4.4% Conferences/Conventions 3,000 2,640 360 12.0% Membership/Subscriptions 600 595 5 0.8% Office Supplies 6,400 6,422 (22)(0.3%) Electricity 4,800 7,757 (2,957)(61.6%) Materials 98,730 64,053 34,677 35.1%[5] Contracted Services 468,100 391,226 76,874 16.4% Snow Plowing 108,500 64,750 43,750 40.3% Contracted Services 576,600 455,976 120,624 20.9%[6] Rents and Financial Expenses 68,000 133,633 (65,633)(96.5%)[7] Internal Rent 69,898 54,703 15,195 21.7%[8] Indirect Costs 67,857 67,857 0 0.0% To Reserve Funds 0 496,885 (496,885)0.0%[4] Internal Transfers 137,755 619,444 (481,689)(349.7%) TOTAL EXPENSES 1,428,612 1,803,803 (375,191)(26.3%) (Surplus)/Deficit 0 0 0 PARKING FUND Page 5 of 5 Page 330 of 484 BDD-2024-01 Report Report to: Mayor and Council Date: April 30, 2024 Title: Small Business Enterprise Centre (SBEC/BDD) Ministry of Economic Development, Job Creation and Trade SBEC Program Transfer Payment Agreement Recommendation(s) THAT Council AUTHORIZE the Mayor and Clerk to sign the SBEC-MEDJCT SBEC Program Transfer Payment Agreement. Executive Summary The agreement between the Ministry of Economic Development, Job Creation and Trade (MEDJCT) and the City of Niagara Falls will provide funding to assist in the operation of the Small Business Enterprise Centre, and the Summer Company and Starter Company Plus programs. The agreement will last until March 31st, 2025 and provide a total of $178,844 for the duration of the agreement. Background The Ministry of Economic Development, Job Creation and Trade has provided the City of Niagara Falls funding to assist with the operation of the Small Business Enterprise Centre since 2004. Additionally, MEDJCT provides program specific funding. The Summer Company Program provides students (high school and post-secondary) entrepreneurship training, mentorship, and grant funding to operate a full-time summer business. Starter Company Plus provides new and early stage businesses with access to training, mentoring and an opportunity to obtain grant funding to start or expand their businesses Analysis The funding will assist in the operation of the Small Business Enterprise Centre; and will allow for the delivery of the Summer Company and Starter Company Plus programs. Strategic/Departmental Alignment Economic growth and prosperity; youth retention. Page 1 of 78 Page 331 of 484 List of Attachments NIAGARA FALLS_SBEC Program TPA 2024-25 Written by: Dean Spironello, Small Business Consultant Submitted by: Status: Kira Dolch, General Manager, Planning, Building & Development, Acting CAO Approved - 25 Apr 2024 Page 2 of 78 Page 332 of 484 ONTARIO TRANSFER PAYMENT AGREEMENT FOR SBEC PROGRAM: SBEC Core, Starter Company Plus and Summer Company THE AGREEMENT is effective as of the 1st day of April, 2024 B E T W E E N : HIS MAJESTY THE KING IN RIGHT OF ONTARIO as represented by the Minister of Economic Development, Job Creation and Trade (the “Province”) - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS (the “Recipient”) BACKGROUND The Recipient intends to undertake the SBEC Program which is comprised of the SBEC Core, Starter Company Plus and Summer Company programs. CONSIDERATION In consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 The agreement, together with: Schedule “A” General Terms and Conditions Schedule “B” SBEC Program Specific Information Schedule “C” SBEC Program Schedule “D” Budget Schedule “E” Payment Schedule Schedule “F” Reports Schedule “G” Request for Payment and Certificate Page 3 of 78 Page 333 of 484 EXECUTION COPY 1 Schedule “H” Eligible Expenditures Schedule “I” Communications and Confidentiality Protocol Schedule “J” Auditor’s Certificate and any amending agreement entered into as provided for in Section 3.1, constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 2.0 COUNTERPARTS 2.1 The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 3.0 AMENDING THE AGREEMENT 3.1 The Agreement may only be amended by a written agreement duly executed by the Parties. 4.0 ACKNOWLEDGEMENT 4.1 The Recipient acknowledges that: (a) by receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario), the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario); (b) His Majesty The King in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the Broader Public Sector Accountability Act, 2010 (Ontario); (c) the Funds are: (i) to assist the Recipient to carry out the SBEC Program and not to provide goods or services to the Province; (ii) funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario); (d) the Province is not responsible for carrying out the SBEC Program; and Page 4 of 78 Page 334 of 484 EXECUTION COPY 2 (e) the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) (“FIPPA”) and that any information provided to the Province in connection with the SBEC Program or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. 5.0 CONFLICT OR INCONSISTENCY 5.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between the Additional Provisions and the provisions in Schedule “A”, the following rules will apply: (a) the Parties will interpret any Additional Provisions in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule “A”; and (b) where it is not possible to interpret the Additional Provisions in a way that is consistent with the provisions in Schedule “A”, the Additional Provisions will prevail over the provisions in Schedule “A” to the extent of the inconsistency. - SIGNATURE PAGE FOLLOWS - Page 5 of 78 Page 335 of 484 EXECUTION COPY 3 The Parties have executed the Agreement on the dates set out below. HIS MAJESTY THE KING IN RIGHT OF ONTARIO as represented by the Minister of Economic Development, Job Creation and Trade _________________ ____________________________________ Date Name: Clara Chan Title: Assistant Deputy Minister, Small Business and Program Delivery Ministry of Economic Development, Job Creation and Trade THE CORPORATION OF THE CITY OF NIAGARA FALLS _________________ ____________________________________ Date Name: William G. Matson Title: City Clerk I have authority to bind the Recipient. _________________ ____________________________________ Date Name: James M. Diodati Title: Mayor I have authority to bind the Recipient. Page 6 of 78 Page 336 of 484 EXECUTION COPY 4 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) “include”, “includes” and “including” denote that the subsequent list is not exhaustive. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Agreement” means this agreement entered into between the Province and the Recipient, all of the Schedules listed in Section 1.1, and any amending agreement entered into pursuant to Section 3.1. “Approved Participant” means an individual in a business, professional or official capacity who has been approved by the Recipient as a participant, in either the Starter Company Plus program or in the Summer Company program. “Budget” means the budget attached to the Agreement and more particularly described as the MEDJCT Program Funding Budget in section B of Schedule “D”. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Business Plan” means the business plan attached to the Agreement in Schedule “C” section C8. Page 7 of 78 Page 337 of 484 EXECUTION COPY 5 “Client” means an entrepreneur in a business, professional or official capacity who, or small business that, seeks the services of the Recipient under the SBEC Core program. “Clients and Approved Participants Data List” has the meaning ascribed to it in Section C4 of Schedule “C”. “Effective Date” means the date set out at the top of the Agreement. “Eligible Business” means a Starter Company Plus Eligible Business or a Summer Company Eligible Business. “Eligible Expenditures” means those expenditures, exclusive of HST, which are directly attributable to the SBEC Program as more particularly described in Schedule “H” that are incurred and paid by the Recipient during the term of the Agreement. “Event of Default” has the meaning ascribed to it in Section A13.1. “Expiry Date” means the expiry date set out in Schedule “B”. “Funding Year” means: (a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Grantee” means an Eligible Business that has received a Micro-Grant in either the Starter Company Plus program or the Summer Company program. “Indemnified Parties” means His Majesty The King in right of Ontario, Her ministers, agents, appointees, and employees. “Maximum Funds” means the maximum amount of Funds set out in Schedule “B” that the Province will provide to the Recipient under the Agreement. “Micro-Grant” means a grant of up to $5000 of the Funds provided under the Starter Company Plus program or of up to $3000 of the Funds provided under Summer Company program, as more particularly set out in Schedule “C”. Page 8 of 78 Page 338 of 484 EXECUTION COPY 6 “Micro-Grant Agreement” means the Micro-Grant agreement entered into between the Recipient and any Approved Participant that the Recipient has further approved for a Micro-Grant, the foregoing subject to and in accordance with the terms and conditions of this Agreement and Schedule “C”. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to Section A13.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with Section A13.4. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Reports” means the reports set out in Schedule “F”. “Program Guidelines” has the meaning ascribed to it in section A2.1(e). \ “Program Plan” means the program plan attached to the Agreement in Schedule “C” section C8. “SC Eligible Business” has the meaning given to it in Schedule “C”. “SCP Eligible Business” has the meaning given to it in Schedule “C”. “SBEC Core” means the program described in Schedule “C”, the Program Guidelines and the Program Plan. “SBEC Program” means the program described in Schedule “C”, the Program Guidelines and the Program Plan that consists of SBEC Core, Starter Company Plus and Summer Company programs. “Starter Company Plus” or “SCP” means the program described in Schedule “C”, the Program Guidelines and the Program Plan. “Summer Company” or “SC” means the program described in Schedule “C”, the Program Guidelines and the Program Plan. A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A2.1 General. The Recipient represents, warrants, and covenants that: Page 9 of 78 Page 339 of 484 EXECUTION COPY 7 (a) it is, and will continue to be, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has, and will continue to have, the experience and expertise necessary to carry out the SBEC Program; (c) it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules, and by-laws related to any aspect of the SBEC Program, the Funds, or both; (d) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for Funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete; (e) it shall carry out the SBEC Program in compliance with Schedule “C”; the Province’s program guidelines (the “Program Guidelines”), copies of which the Recipient acknowledges and agrees it has received from the Province; the Program Plan; and the Business Plan; (f) the Recipient shall provide all services to the public under the SBEC Program in accordance with the French Language Services Act (Ontario), including, but not limited to, providing signs, notices and other information on such services in French and making it known to members of the public that such services are available in French. The Recipient shall, among other things that the Province may require from time to time, ensure to the Province’s satisfaction that: (i) any person may communicate with the Recipient in both French and English; (ii) any person may receive the services under the SBEC Program in both French and English; (iii) the portions of the Recipient’s website relating to the SBEC Program are available in French; (iv) all public documents relating to the SBEC Program are available in French; (v) bilingual (English/French) signs relating to the SBEC Program are posted as needed; Page 10 of 78 Page 340 of 484 EXECUTION COPY 8 (vi) it has developed a protocol for providing Francophone clients with services in French; and (vii) it shall submit the French Language Services Checklist described in Schedule “F”; and (g) It shall comply with the terms and requirements of Schedule “I” - Communications and Confidentiality Protocol. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement , including if the Recipient is a municipality, passing a municipal by-law authorizing the Recipient to enter into the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient’s organization; (b) procedures to enable the Recipient’s ongoing effective functioning; (c) decision-making mechanisms for the Recipient; (d) procedures to enable the Recipient to manage Funds prudently and effectively; (e) procedures to enable the Recipient to complete the SBEC Program successfully; (f) procedures to enable the Recipient to identify risks to the completion of the SBEC Program and strategies to address the identified risks, all in a timely manner; (g) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0; and (h) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0. Page 11 of 78 Page 341 of 484 EXECUTION COPY 9 A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0, Article A12.0, or Article A13.0. A4.0 FUNDS AND CARRYING OUT THE SBEC PROGRAM A4.1 Funds Provided. The Province will, subject to the terms and conditions of the Agreement: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the SBEC Program; (b) provide the Funds to the Recipient in accordance with the payment schedule set out in Schedule “E”; and (c) deposit the Funds into an account designated by the Recipient provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite Section A4.1: (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to Section A10.2; (b) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the SBEC Program; (c) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to Section A7.1; (d) if, pursuant to the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may: (i) reduce the amount of Funds and, in consultation with the Recipient, change the SBEC Program; or Page 12 of 78 Page 342 of 484 EXECUTION COPY 10 (ii) terminate the Agreement pursuant to Section A12.1; (e) If the Recipient is a municipality, the Province is not obligated to provide any Funds to the Recipient until the Recipient provides evidence satisfactory to the Province that the Recipient’s council has authorized the execution of this Agreement by the Recipient by municipal by-law. A4.3 Use of Funds and Carry Out the SBEC Program. The Recipient will do all of the following: (a) carry out the SBEC Program in accordance with the Agreement; (b) use the Funds only for the purpose of carrying out the SBEC Program; (c) spend the Funds only on account of Eligible Expenditures and in accordance with the Budget; and (d) not use the Funds to cover any cost that has or will be funded or reimbursed by one or more of any third party, ministry, agency, or organization of the Government of Ontario. A4.4 Despite Section A4.3(c). Despite Section A4.3(c), the Recipient may, within any one Funding Year, subject to Section A4.10 and provided that the Recipient complies with the conditions set out in Section A4.9: (a) transfer Funds from any single line within the expenses category ‘SBEC Core’ in the Budget to another single expense line within the expenses category ‘SBEC Core’ in the Budget, provided that the transfers do not result in a change to any line in the expenses category heading ‘SBEC Core’ in the Budget that is more than 10% higher than the original amount in the line in the Budget, and provided that at all times the following condition is met: (i) Administration: The amount of the line item for ’Administrative Expenses’ under the category heading ‘SBEC Core’ in the Budget, for the Funding Year within which the transfer is made, shall not exceed 10% of the total amount of Funds allocated to the ‘SBEC Core’ expense category in the Budget for that Funding Year; (b) provided the condition set out in subsection A4.4(a)(i) is complied with, transfer any amount of Funds from any single line within the expenses category heading ‘SBEC Core’ in the Budget to: Page 13 of 78 Page 343 of 484 EXECUTION COPY 11 (i) the expenses category ‘Starter Company Plus’ in the Budget wherein 25% of the transferred amount shall be allocated to the line item ‘SCP Project Delivery’, and the remaining 75% shall be allocated towards the line item ‘SCP Micro Grants’; or (ii) the expenses category ‘Summer Company’ in the Budget wherein 25% of the transferred amount shall be allocated to the line item ‘SC Project Delivery’, and the remaining 75% shall be allocated to the line time ‘SC Micro Grants’; (c) provided that at no time shall the total amount of Funds allocated to the expense category ‘Summer Company’ in the Budget be less than $3,000 and that the transfer shall not occur prior to August 31st of the Funding Year in which the transfer occurs, transfer Funds in one or both of the following ways: (i) transfer any amount of Funds from the line ‘SC Project Delivery’ under the expenses category ‘Summer Company’ in the Budget to the expenses category ‘Starter Company Plus’ in the Budget wherein 25% of the transferred amount shall be earmarked for the line ‘SCP Project Delivery’, and the remaining 75% shall be allocated towards the line ‘SCP Micro Grants’ under; (ii) transfer any amount of Funds from the line ‘SC Micro- Grants’ under the expenses category ‘Summer Company’ in the Budget to the expenses category ‘Starter Company Plus’ in the Budget wherein 25% of the transferred amount shall be earmarked for the line ‘SCP Project Delivery’, and the remaining 75% shall be allocated towards the line ‘SCP Micro Grants’ under. For certainty, this Section A4.3 does not at any time permit the Recipient to transfer any Funds allocated to one Funding Year in the Budget to any other Funding Year in the Budget. A4.5 Interest Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. Page 14 of 78 Page 344 of 484 EXECUTION COPY 12 A4.6 Interest. If the Recipient earns any interest on the Funds, the Province may: (a) deduct an amount equal to the interest from any further instalments of Funds; or (b) demand from the Recipient the payment of an amount equal to the interest. A4.7 Rebates, Credits, and Refunds. The Province will calculate Funds based on Eligible Expenditures, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A4.8 Updates to Program Guidelines. The Recipient is responsible for obtaining updated versions, if any, of the Program Guidelines from the Province. A4.9 Conditions of Reallocation of Funds under Section A4.4. The Recipient shall not be entitled to transfer any Funds within the Budget in accordance with Section A4.4 unless the following conditions are complied with: (a) the Recipient has given the Province prior written notice, in form and substance satisfactory to the Province, of the Recipient’s intent to transfer the Funds, and has received the Province’s written approval to proceed with the proposed transfer or transfers set out in such notice; and (b) there shall be no change to the total amount of Funds allocated to any one Funding Year in the Budget. A4.10 Budget Compliance Decisions of Province Final. In the event of any ambiguity or interpretation issues regarding whether or not any transfer or combination of transfers of Funds by the Recipient resulting in a variance from the original Budget constitutes a permitted variance from the Budget, which variances may be permitted only if they comply with Section A4.4, the Province reserves the exclusive right to make a determination of whether or not such transfer or combination of transfers is permitted in accordance with Section A4.4. Such decision of the Province shall be final and determinative. A5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will: Page 15 of 78 Page 345 of 484 EXECUTION COPY 13 (a) do so through a process that promotes the best value for money ; and (b) comply with the Broader Public Sector Accountability Act, 2010 (Ontario), including any procurement directive issued thereunder, to the extent applicable. A5.2 Disposal. The Recipient will not, without the Province’s prior written consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount set out in Schedule “B” at the time of purchase. A6.0 CONFLICT OF INTEREST A6.1 No Conflict of Interest. The Recipient will carry out the SBEC Program and use the Funds without an actual, potential, or perceived conflict of interest. A6.2 Conflict of Interest Includes. For the purposes of Article A6.0, a conflict of interest includes any circumstances where: (a) the Recipient; or (b) any person who has the capacity to influence the Recipient’s decisions, has outside commitments, relationships, or financial interests that could, or could be seen to, interfere with the Recipient’s objective, unbiased , and impartial judgment relating to the SBEC Program, the use of the Funds, or both. A6.3 Disclosure to Province. The Recipient will: (a) disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential, or perceived conflict of interest; and (b) comply with any terms and conditions that the Province may prescribe as a result of the disclosure. A7.0 REPORTS, ACCOUNTING, AND REVIEW A7.1 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in Section A17.1, all Reports in accordance with the timelines and content requirements set out in Schedule “F”, or in a form as specified by the Province from time to time; (b) submit to the Province at the address referred to in Section A17.1, any Page 16 of 78 Page 346 of 484 EXECUTION COPY 14 other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; (c) ensure that all Reports and other reports are completed to the satisfaction of the Province; and (d) ensure that all Reports and other reports are signed on behalf of the Recipient by an authorized signing officer. A7.2 Record Maintenance. The Recipient will keep and maintain: (a) all financial records (including invoices) relating to the Funds or otherwise to the SBEC Program in a manner consistent with generally accepted accounting principles; and (b) all non-financial documents and records relating to the Funds or otherwise to the SBEC Program. A7.3 Inspection. The Province, any authorized representative, or any independent auditor identified by the Province may, at the Province’s expense, upon twenty- four hours’ Notice to the Recipient and during normal business hours, enter upon the Recipient’s premises to review the progress of the SBEC Program and the Recipient’s allocation and expenditure of the Funds and, for these purposes, the Province, any authorized representative, or any independent auditor identified by the Province may take one or more of the following actions: (a) inspect and copy the records and documents referred to in Section A7.2; (b) remove any copies made pursuant to Section A7.3(a) from the Recipient’s premises; and (c) conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the SBEC Program, or both. A7.4 Disclosure. To assist in respect of the rights provided for in Section A7.3, the Recipient will disclose any information requested by the Province, any authorized representatives, or any independent auditor identified by the Province, and will do so in the form requested by the Province, any authorized representative, or any independent auditor identified by the Province, as the case may be. A7.5 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient’s records. A7.6 Auditor General. The Province’s rights under Article A7.0 are in addition to any rights provided to the Auditor General pursuant to Section 9.1 or 9.2 of the Page 17 of 78 Page 347 of 484 EXECUTION COPY 15 Auditor General Act (Ontario), as applicable. A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless otherwise directed by the Province, the Recipient will: (a) acknowledge the support of the Province for the SBEC Program; and (b) ensure that the acknowledgement referred to in Section A8.1(a) is in a form and manner as directed by the Province. A8.2 Publication. The Recipient will indicate, in any of its SBEC Program-related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A9.0 INDEMNITY A9.1 Indemnification. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages, and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits, or other proceedings, by whomever made, sustained, incurred, brought, or prosecuted, in any way arising out of or in connection with the SBEC Program or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A10.0 INSURANCE A10.1 Recipient’s Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the SBEC Program would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than the amount set out in Schedule “B” per occurrence. The insurance policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and Page 18 of 78 Page 348 of 484 EXECUTION COPY 16 (d) a 30-day written notice of cancellation. A10.2 Proof of Insurance. The Recipient will: (a) provide to the Province, either: (i) certificates of insurance that confirm the insurance coverage as provided for in Section A10.1; or (ii) other proof that confirms the insurance coverage as provided for in Section A10.1; and (b) upon the request of the Province, provide to the Province a copy of any insurance policy. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days’ Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to Section A11.1, the Province may take one or more of the following actions: (a) cancel further instalments of Funds; (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the SBEC Program, and do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to Section A11.2(b); and (ii) subject to Section A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 TERMINATION WHERE NO APPROPRIATION A12.1 Termination Where No Appropriation. If, as provided for in Section A4.2(e), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Page 19 of 78 Page 349 of 484 EXECUTION COPY 17 Agreement, the Province may terminate the Agreement immediately without liability, penalty, or costs by giving Notice to the Recipient. A12.2 Consequences of Termination Where No Appropriation. If the Province terminates the Agreement pursuant to Section A12.1, the Province may take one or more of the following actions: (a) cancel further instalments of Funds; (b) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the SBEC Program and permit the Recipient to offset such costs against the amount owing pursuant to Section A12.2(b). A12.3 No Additional Funds. If, pursuant to Section A12.2(c), the Province determines that the costs to wind down the SBEC Program exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. A13.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A13.1 Events of Default. Each of the following events will constitute an Event of Default: (a) in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the SBEC Program; (ii) use or spend Funds; or (iii) provide, in accordance with Section A7.1, Reports or such other reports as may have been requested pursuant to Section A7.1(b); (b) the Recipient’s operations, its financial condition, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an Page 20 of 78 Page 350 of 484 EXECUTION COPY 18 application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (d) the Recipient ceases to operate. A13.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the SBEC Program; (b) provide the Recipient with an opportunity to remedy the Event of Default; (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel further instalments of Funds; (f) demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; (g) demand from the Recipient the payment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; and (i) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A13.3 Opportunity to Remedy. If, in accordance with Section A13.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Notice Period. A13.4 Recipient not Remedying. If the Province provided the Recipient with an opportunity to remedy the Event of Default pursuant to Section A13.2(b), and: Page 21 of 78 Page 351 of 484 EXECUTION COPY 19 (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in Sections A13.2(a), (c), (d), (e), (f), (g), (h), and (i). A13.5 When Termination Effective. Termination under Article will take effect as provided for in the Notice. A14.0 FUNDS AT THE END OF A FUNDING YEAR A14.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Section A13.0, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand from the Recipient payment of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. A15.0 FUNDS UPON EXPIRY A15.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, pay to the Province any Funds remaining in its possession or under its control. A16.0 DEBT DUE AND PAYMENT A16.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay an amount equal to the excess Funds to the Province. A16.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands from the Recipient the payment of any Funds or Page 22 of 78 Page 352 of 484 EXECUTION COPY 20 an amount equal to any Funds; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not the Province has demanded their payment, such Funds or other amount will be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient will pay the amount to the Province immediately, unless the Province directs otherwise. A16.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. A16.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province set out in Schedule “B". A16.5 Fails to Pay. Without limiting the application of Section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, His Majesty The King in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by His Majesty The King in right of Ontario. A17.0 NOTICE A17.1 Notice in Writing and Addressed. Notice will be in writing and will be delivered by email, postage-prepaid mail, or personal delivery and will be addressed to the Province and the Recipient respectively set out in Schedule “B”, or as either Party later designates to the other by Notice. A17.2 Notice Given. Notice will be deemed to have been received: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b) in the case of email or personal delivery, one (1) Business Day after the Notice is delivered. A17.3 Postal Disruption. Despite Section A17.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be received; and (b) the Party giving Notice will give Notice by email or personal delivery. A18.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT Page 23 of 78 Page 353 of 484 EXECUTION COPY 21 A18.1 Consent. When the Province provides its consent pursuant to the Agreement, it may impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions. A19.0 SEVERABILITY OF PROVISIONS A19.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision will be deemed to be severed. A20.0 WAIVER A20.1 Waiver Request. Either Party may, in accordance with the Notice provision set out in Article A17.0, ask the other Party to waive an obligation under the Agreement. A20.2 Waiver Applies. Any waiver a Party grants in response to a request made pursuant to Section A20.1 will: (a) be valid only if the Party granting the waiver provides it in writing; and (b) apply only to the specific obligation referred to in the waiver. A21.0 INDEPENDENT PARTIES A21.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship. A22.0 ASSIGNMENT OF AGREEMENT OR FUNDS A22.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A22.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on the Parties’ respective heirs, executors, administrators, successors, and permitted assigns. A23.0 GOVERNING LAW A23.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions Page 24 of 78 Page 354 of 484 EXECUTION COPY 22 or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A24.0 FURTHER ASSURANCES A24.1 Agreement into Effect. The Recipient will provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains, and will otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A25.0 JOINT AND SEVERAL LIABILITY A25.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. A26.0 RIGHTS AND REMEDIES CUMULATIVE A26.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A27.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A27.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition, or obligation under any other agreement with His Majesty The King in right of Ontario or one of Her agencies (a “Failure”); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A28.0 SURVIVAL A28.1 Survival. The following Articles and Sections, and all applicable cross- referenced Sections and Schedules, will continue in full force and effect for a Page 25 of 78 Page 355 of 484 EXECUTION COPY 23 period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 5.0, Article A1.0 and any other applicable definitions, Section A2.1(a), Section A2.2, Sections A4.2(e), A4.5, A4.6, A.4.7 Section A5.2, Section A7.1 (to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province), Sections A7.2, A7.3, A7.4, A7.5, A7.6, Article A8.0, Article A9.0, Section A11.2, Sections A12.2, A12.3, Sections A13.1, A13.2(d), (e), (f), (g) and (h), Article A15.0, Article A16.0, Article A17.0, Article A19.0, Section A22.2, Article A23.0, Article A25.0, Article A26.0, Article A27.0 and Article A28.0. - END OF GENERAL TERMS AND CONDITIONS - Page 26 of 78 Page 356 of 484 EXECUTION COPY 24 SCHEDULE “B” SBEC PROGRAM SPECIFIC INFORMATION Maximum Funds $178,844 Expiry Date March 31, 2025 Amount for the purposes of Section A5.2 (Disposal) of Schedule “A” $ 2,000 Insurance $ 2,000,000 Contact information for the purposes of Notice to the Province Position: Eric Ciullo, (A) Manager, Program and Contract Management Address: Ministry of Economic Development, Job Creation and Trade Small Business Branch Program and Contract Management Unit 56 Wellesley St West, 4th floor Toronto, Ontario M7A 2E7 Email: eric.ciullo@ontario.ca Contact information for the purposes of Notice to the Recipient Dean Spironello Position: Economic Development Officer Address: 4310 Queen Street Niagara Falls, ON L2E 6X5 Email: dspironello@niagarafalls.ca Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement Tiffany Clark Position: Director of Finance Address: 4310 Queen Street Niagara Falls, ON L2E 6X5 Email: tclark@niagarafalls.ca Page 27 of 78 Page 357 of 484 EXECUTION COPY 25 SCHEDULE “C” SBEC PROGRAM The Recipient shall deliver SBEC programs including SBEC Core, Starter Company Plus and Summer Company, set out in further detail below. The Recipient shall ensure that all third party mentors and consultants engaging with Clients or Approved Participants in the SBEC Program are bound by appropriate confidentiality, non-compete, and conflict of interest provisions in agreements with the Recipient and Client or Approved Participants, as applicable. C1. SBEC PROGRAM OBJECTIVES The objectives of the SBEC Core, Starter Company Plus and Summer Company programs are set out below: SBEC PROGRAM OBJECTIVES 1. SBEC Core • This program shall provide business advisory supports and skills development to Ontario’s entrepreneurs and small businesses to improve the success rate and longevity of small businesses and build growth and prosperity in local communities. 2. Starter Company Plus • The program shall provide training, mentoring and Micro-Grants of up to $5,000 of the Funds to Approved Participants to start, expand or buy a small business. • Address local and/or regional economic development needs, and where appropriate focus on special industries and sectors. 3. Summer Company • The program shall provide training, mentoring and Micro-Grants of up to $3,000 to youth entrepreneurs who wish to start a full-time business over the summer. • Inspire more youth to choose entrepreneurship as a career option and equip them with tools to succeed. Page 28 of 78 Page 358 of 484 EXECUTION COPY 26 C2. SBEC PROGRAM COMPONENTS The Recipient shall deliver all SBEC Program components below. SBEC PROGRAM COMPONENTS 1. SBEC Core Triaging/Inquiries The Recipient shall: • Respond to inquiries related to entrepreneurship and small business, and Recipient service offerings (initiatives, programs and services available). • Direct members of the public to appropriate Recipient services or refer to other entrepreneurship stakeholder services. Business Advisory/Coaching The Recipient shall work with Clients to provide personalized options, information and advisory support to address their business needs. The Recipient shall offer: • Initial one-on-one consultation, on a no fee basis to each Client. • Any additional consultation (advanced/in-depth) may be offered to the Client. Fees, if any, and the amount (cost- recovery or otherwise) are to be determined by the Recipient. The consultation can take place at the Recipient location, offsite, or through virtual delivery. • Mentorship and/or coaching services to Clients. Services may be delivered on a non-fee or fee basis. • Referrals for third party “professional” consultations (i.e. accountants, real estate). Business Skill Development The Recipient shall assist Clients in starting, maintaining or expanding their small business through short term workshops, events or activities. The Recipient shall: Page 29 of 78 Page 359 of 484 EXECUTION COPY 27 • Conduct and/or facilitate seminars and workshops that focus on entrepreneurship, small business and business development. Other than the initial consultation which shall be complementary, fees, if any, are to be determined by the Recipient. • Host and/or organize networking activities or events. These activities or events can be targeted to serve specific demographics (e.g., Francophone, women, Indigenous and youth entrepreneurs), to be determined by the Recipient. Resources To raise the profile and promote small businesses in Ontario, the Recipient shall offer the following resources to assist businesses to proposer and expand: • Conduct outreach services to the community to promote the services of the Recipient and develop partnerships within the community. • Provide computer stations (with internet) and business resources for Clients. The Recipient shall undertake post-SBEC Core program reporting with all Clients to obtain outcomes performance reporting information from Clients at exit or until an outcome can be reported. 2. Starter Company Plus The Recipient shall deliver all four components at their sites: 1. Approved participant intake 2. Training and skills development 3. Mentorship 4. Micro-Grants (Funds contributed by the Province up to $5,000) The Recipient shall ensure that all Approved Participants and Grantees who are eligible and approved by the Recipient undertake the second and third components set out above. The fourth component is not required. The availability of the Micro- Page 30 of 78 Page 360 of 484 EXECUTION COPY 28 Grant component for an Approved Participant shall be determined by the Recipient in accordance with the Program Guidelines. The Recipient shall determine an individual’s eligibility for Starter Company Plus program as well as their general business needs. The Recipient shall: • Assess individuals based on eligibility requirements set out in Schedule “C” and additional local criteria developed by the Recipient needed to select Approved Participants from a pool of applicants. o If the individual is eligible, and the individual wishes to proceed with the initiative, the Recipient may accept the individual as an Approved Participant. o If the individual is not eligible for Starter Company Plus, the Recipient shall direct the individual to other entrepreneurship initiatives, programs and services. • Have a decision-making process in place that provides rationale for approval to participate in the Starter Company Plus. • Work with the Approved Participant to develop a customized learning plan outlining required training and mentorship based on the Approved Participant’s business needs and goals. Training and Skills Development The objective of the training and skills development component is to help Approved Participants start, expand or purchase a business by providing short term workshops or activities. This can include seminars, workshops, networking events and experiential learning. Activities can be completed in a classroom, virtual one-on-one, or in a group setting. The Recipient shall: • Develop content and a suitable delivery method of training and skills development for each Approved Participant. The Recipient will organize, schedule and sequence the workshops to meet Approved Participants’ needs in a way that is suitable for their organization. • Provide short-term training and skills development opportunities to enhance business knowledge and skills to support Approved Participants in starting, expanding or purchasing a business. Page 31 of 78 Page 361 of 484 EXECUTION COPY 29 • Monitor when an Approved Participant has finished the identified training on their learning plan. Mentoring The Recipient must match each Approved Participant with a designated mentor and/or a group of mentors to provide business expertise and support. Activities can include, but are not limited to, identifying challenges, working on problem solving strategies, developing networking skills, expanding contact networks and providing overall guidance. The Recipient shall: • Match each Approved Participant with a mentor who will provide support, entrepreneur advice and expertise for a minimum of three months. • Recruit, train and coordinate a mentorship network to meet the needs of the program. • Monitor the Approved Participant-mentor match and record when the component has been completed. Approved Participants can participate in the training and skills development and mentorship component concurrently. Micro-Grants Each SCP Eligible Business that the Recipient approves for Micro- Grants shall receive up to $5000 of the Funds. The Recipient may find funding locally to match or increase the Micro-Grant amount. The Micro-Grant is administered and distributed by the Recipient. All Grantees must also contribute 25% of the Micro-Grant amount (which may include in kind contributions) to its project to start, expand or buy a small business. The matching contribution may be waived by the Recipient under exceptional circumstances only. The Recipient shall: • Establish a committee to review and approve Micro-Grant applications. Page 32 of 78 Page 362 of 484 EXECUTION COPY 30 • Develop all required procedures and criteria governing Micro- Grant selection and administration including assessment of Approved Participants, approval for funding, all financial administration, banking, monitoring and issuing of T4As • Prepare, negotiate, monitor and enter into Micro-Grant Agreements with Approved Participants prior to disbursement of Funds. • The Micro-Grant Agreement shall provide up to $5,000 of Funds to the Approved Participant and outline the terms and the conditions of the Micro-Grant including eligible expenditures, milestones and grounds for repayment and the following provisions: (i) Audit Rights for the Crown. The parties agree that audit rights under the Micro-Grant Agreement (or such other term used in the Micro-Grant Agreement to refer to the agreement) shall inure to the benefit of the His Majesty The King in right of Ontario as represented by the Minister of Economic Development, Job Creation and Trade (the “Province"), any authorized representative or any independent auditor identified by the Province, which audit rights (including the right of inspection and review of the Approved Participant’s (or such other term used in the Micro-Grant Agreement to refer to the Approved Participant) progress of its project under the Starter Company Plus program and any allocation and expenditure of Funds (or such other term used in the Micro-Grant Agreement to refer to the funds provided under the agreement) and to perform a full or partial audit of the Approved Participant) shall be carried out at the Province’s expense and shall continue in full force and effect for a period of seven years from the date of expiry or termination of the Micro-Grant Agreement; and (ii) Post-Starter Company Plus Program Reporting. The Approved Participant shall, if requested by the Recipient or the Province, provide business development progress reporting information such as the Approved Participant’s business expansion (increase in a company's size, revenue, market share over time) and job creation for three consecutive funding years after exit from Starter Company Plus following the expiry date or termination of the Micro-Grant Agreement. Page 33 of 78 Page 363 of 484 EXECUTION COPY 31 • Distribute Micro-Grants to all SCP Eligible Businesses who have been approved for a Micro-Grant subject to the terms and conditions of the Micro-Grant Agreement. • Where Grantees fail to comply with Starter Company Plus requirements or any requirements under the Micro-Grant Agreement, the Recipient shall recoup all or part of the Funds. • The Recipient shall ensure that the review and approval for Micro-Grant process is fair, transparent and accountable. • The Recipient shall monitor Micro-Grant payments made to Grantees based on spending and progress against established program milestones. It will ensure that funds are being used for their intended purposes and request evidence of costs incurred and paid if necessary. • Funds allocated to Micro-Grants in the MEDJCT Program Funding Budget in section B of Schedule “D” must be spent on Micro-Grants for Starter Company Plus Grantees. 3. Summer Company Intake- Application Process Youth interested in participating in the Summer Company program will be required to submit an application, which includes a business plan and a description of the eligible business and cash flow. Those applicants will then be interviewed by the Recipient, assessed for their eligibility to be accepted as Approved Participants, approved in accordance with the eligibility requirements set out in section C.3 of Schedule “C” or declined, and informed if they have been accepted as Approved Participants. The Recipient shall: • Promote and market the program to targeted groups. • Determine if potential applicants meet eligibility requirements as listed under Schedule “C” Section C3. • Distribute Summer Company applications to youth applicants. • Assist youth applicants in completing Summer Company applications. • Assess submitted applications to determine if they meet eligibility and program requirements. • Interview youth applicants and select Approved Participants. • Ensure the Approved Participant has met all the eligibility requirements to participate as listed under Schedule “C” Section C3. Page 34 of 78 Page 364 of 484 EXECUTION COPY 32 • Enter into Summer Company Micro-Grant Agreement with the Approved Participant acting as representative of a prospective SC Eligible Business. Business Training and Coaching The Recipient shall provide short term workshops or activities designed to help Approved Participants with the skills and tools to succeed in entrepreneurship. The training can focus on, but not be limited to marketing and sales, HST, record/bookkeeping, time management, customer service, insurance and risk management. The Recipient shall: • Recruit and coordinate business mentors. Mentors must have a valid criminal background check issued by the police within the last six months and have an understanding of the objectives, business planning and operations of Summer Company, and must maintain confidentiality of all information in addition to mentor and third party contractor obligations set out in this Schedule C. • Assign the Approved Participant to a mentor or mentor group. • Provide a minimum of 12 hours of business training and guidance per Approved Participant. • Conduct one on-site visit at the project location for the Approved Participant for ongoing support and guidance. • Monitor Approved Participant progress to ensure compliance with the business plan and cash flow forecasts submitted in the application. • Conduct exit interviews with the Approved Participants to ensure all Summer Company requirements have been met. Micro-Grants Grantees are eligible to receive up to $3000 of the Funds for Micro- Grants to support start-up costs and completion of their project under Summer Company. Micro-Grants are issued by the Recipient in two installments. • an initial disbursement of up to $1,500 for start-up expenses; and Page 35 of 78 Page 365 of 484 EXECUTION COPY 33 • a final disbursement of up to $1,500 for successful completion of the Approved Participant’s project under the program and Micro-Grant Agreement The Recipient shall: • Establish a committee to review and approve Micro-Grant applications. • Develop all required procedures and criteria governing Micro- Grant selection and administration including assessment of Approved Participants, approval for funding, all financial administration, banking, monitoring and issuing of T4As. • Prepare, negotiate, monitor and enter into Micro-Grants with Approved Participants acting as a representative of the respective Approved Participant’s prospective SC Eligible Business prior to disbursement of Funds which will be paid out in two instalments. • The Micro-Grant Agreement shall provide up to $3,000 of the Funds to the Grantee and outline the terms and the conditions of Micro-Grant including eligible expenditures, milestones and grounds for repayment and the following provisions: (a) Audit Rights for the Crown. The parties agree that audit rights under the Micro-Grant Agreement (or such other term used in the Micro-Grant Agreement to refer to the agreement) shall inure to the benefit of the His Majesty The King in right of Ontario as represented by the Minister of Economic Development, Job Creation and Trade (the “Province"), any authorized representative or any independent auditor identified by the Province, which audit rights (including the right of inspection and review of the Approved Participant’s (or such other term used in the Micro-Grant Agreement to refer to the Approved Participant) progress of its project under the Summer Company program and any allocation and expenditure of Funds (or such other term used in the Micro-Grant Agreement to refer to the funds provided under the agreement) and to perform a full or partial audit of the Approved Participant) shall be carried out at the Province’s expense and shall continue in full force and effect for a period of seven years from the date of expiry or termination of the Micro-Grant Agreement; and Page 36 of 78 Page 366 of 484 EXECUTION COPY 34 (ii) Post-Summer Company Program Reporting. The Approved Participant shall, if requested by the Recipient or the Province, provide business progress reporting information such as the Approved Participant’s business expansion and job creation for three consecutive funding years after exit from Summer Company following the expiry date or termination of the Micro-Grant Agreement. • Distribute the first instalment after execution of the Micro-Grant Agreement. • Distribute the second instalment once the Approved Participant has completed all requirements of his or her project under the program and Micro-Grant Agreement. • Where an Approved Participant fails to comply with Summer Company requirements or any requirements under the Micro- Grant Agreement, the Recipient shall recoup all or part of the Funds. • The Recipient shall ensure that the review and approval for Micro-Grant process is fair, transparent and accountable. • The Recipient shall monitor Micro-Grant payments made to Grantees based on spending and progress against established program milestones. It will ensure that funds are being used for their intended purposes and request evidence of costs incurred and paid if necessary. • Funds allocated to Micro-Grants in the MEDJCT Program Funding Budget in section B of Schedule “D” Budget must be spent on Micro-Grants for Summer Company Grantee. Reporting The Recipient has the option to use the SCREEN platform to support the delivery of Summer Company. It is not a mandatory requirement. Recipients are required to: • Administer and approve applications through a delivery method of their choice. Recipients have the option to use the Summer Company Registration, Eligibility and Evaluation Network web- based system (“SCREEN”). • Report identified Summer Company performance measures to the Province through the Enterprise Centre Reporting (“ECR”) system. Page 37 of 78 Page 367 of 484 EXECUTION COPY 35 • Collect and submit success stories with, and subject to having obtained, written consent of the applicable Approved Participant. • Distribute a survey to Approved Participants in a format and in accordance with the timelines to be provided by the Province. Information Management and Privacy Provisions The Recipient shall follow information management and privacy provisions in the Program Guidelines including without limitation: • An acceptable use policy to provide a set of principles and practices governing all users of the Province’s “SCREEN” web-based back office platform. • Privacy policy to protect personal information of applicants and Approved Participants. The Recipient will collect completed release and consent forms from Approved Participants in the form provided by the Province prior to publication or release of program success stories. C3. MINIMUM ELIGIBILITY REQUIREMENTS The Recipient shall approve applicants in accordance with the SBEC Program eligibility requirements or guidance described below at minimum. SBEC Core provides general inquiry and advisory services support to entrepreneurs and small businesses with a client profile that is typically: • Less than five (5) years in operation, and • Have under ten (10) employees SBEC PROGRAM ELIGIBILITY 1. Starter Company Plus Eligibility Individuals applying for the program must satisfy the following eligibility requirements: • 18 years of age or older at the time of registration; • proposing starting a new company, expanding an existing company or buying a business in Ontario; Page 38 of 78 Page 368 of 484 EXECUTION COPY 36 • not attending school full time nor returning to school; • resident of Ontario; • Canadian citizen or permanent resident; • not enrolled in other comparable provincial employment or self- employment related initiatives and programs that include or do not include financial assistance; and • not currently enrolled concurrently in any comparable self- employment or entrepreneurship training/financing initiatives and programs offered by government funded organizations. Business Eligibility Criteria Approved Participants must create a new business, operate or expand an existing business, or buy a business, in Ontario that meets the following criteria (an “SCP Eligible Business”): • Is a sole proprietorship or a corporation in which the Approved Participant is the majority shareholder; • Operates at arm’s length from family business ventures; • Operates in Ontario; and • Is in compliance with all applicable laws. While Starter Company Plus is open to all eligible individuals, it is a training and mentoring initiative geared towards assisting those in need of business knowledge and support. Approval into Starter Company Plus is competitive and eligible applicants may not all be accepted. As the program aims to address local and/or regional economic development needs, the Recipient may prioritize participation based on specific industries and sectors. For record keeping, the SBEC must provide a written rationale to justify the Approved Participant selection into the Starter Company Plus program. 2. Summer Company Eligibility Individuals applying for the program must satisfy the following eligibility requirements: • a student between 15 and 29 years old as of April 30 of each Funding Year (a parent or guardian must sign the application for applicants under 18); • starting a new eligible business (see below); Page 39 of 78 Page 369 of 484 EXECUTION COPY 37 • attending school and returning to school in the fall (this includes full-time, part-time, homeschooling, e-learning, distance learning, apprenticeships, trade schools, etc.); • a resident of Ontario; • a Canadian citizen or a permanent resident; • not working at another job or attending school for more than 12 hours per week during the term of the project under the program; • self-employed as defined by the Canada Revenue Agency; • able to work over the summer period: o a minimum of 280 hours if a high school student o a minimum of 420 hours if a post-secondary student • has not received funding from Summer Company program in the past. Under exceptional circumstances, exceptions may be granted by the Recipient. Business Eligibility Criteria Approved Participants must create a new business that meets the following criteria (an “SC Eligible Business”): • Is a sole proprietorship or a corporation where the Approved Participant is the majority shareholder; • Is an independent business venture; • Is a new business, not previously registered or operated on an on-going basis; • Operates at arm’s length from family business ventures; • Operates in Ontario; • In which the Approved Participant spends an average of 35 hours per week on the business operation for a minimum of 8 weeks for high school students, or 12 consecutive weeks for post-secondary school students, from the business start date as stated in the business plan; and • Is in compliance with all applicable laws. Businesses that are not eligible: • partnerships/co-operatives; • franchises; • distributorships; • incorporated businesses that are controlled directly or indirectly by a person who would not be an eligible Youth under the Summer Company program; Page 40 of 78 Page 370 of 484 EXECUTION COPY 38 • business ventures that are subsidiaries or divisions of an existing business; • business ventures that are continuations of existing commercial endeavours; • business ventures that allow for commissioned sales; • multi-level marketing ventures; • single events such as a theatrical productio n, a DJ gig, a music concert, a dance/party event, a fundraiser, a sporting tournament, etc.; • businesses that have a strictly pay per click service model; or • “1-900” number businesses. C4. PERFORMANCE METRICS The Recipient is responsible for reporting on activities and outcomes of the SBEC Program through the collection and reporting of key performance measures identified by the Province in accordance with this section C4, Table 1, Table 2 and Table 3 below and Schedule F. Explanations for the performance metrics listed below can be found on the Enterprise Centre Report (ECR) web portal (https://www.ontariocanada.com/ecr) or otherwise distributed by the Province. Key Performance Indicators: Table 1: Key Performance Indicators Program Metric General # of unique businesses supported: unique businesses served in the year by the Recipient including both new and existing or legacy clients. # of businesses supported through workshops: the number of businesses who participated in a workshop series as part of the SBEC’s triaging process before receiving a consultation. Page 41 of 78 Page 371 of 484 EXECUTION COPY 39 SBEC Core Activities # of inquires # of consultations • Exploring entrepreneurship • Starting a business • Existing business # of French language consultations Outcomes # of businesses started # of businesses sustained # of businesses expanded # of businesses purchased # of jobs created Starter Company Plus Activities # of applications submissions # of completed approved participants # of grants issued Dollar value of investment leveraged Outcomes # of businesses started # of businesses expanded # of businesses purchased # of jobs created Summer Company Activities # of applications submissions # of completed approved participants # of grants issued Outcomes # of businesses started # of jobs created # of interested in pursuing entrepreneurship as a career option Demographics # of Total of respondents that voluntarily self-identified for collection of demographics Page 42 of 78 Page 372 of 484 EXECUTION COPY 40 # of Respondents (on an aggregate basis) that have voluntarily self-identified as part of any of the following groups (check all that applies): • Francophone • 2SLGBTQ+ • Youth under 30 years of age • Newcomers to Canada (landed immigrants who came to Canada up to five years prior to a given census year) • Do you identify as a person with one or more disabilities? o Yes o No o I do not know o I prefer not to answer • Do you identify as First Nations, Métis, and/or Inuit? If yes, select all that apply: o No o Yes, First Nations o Yes, Métis o Yes, Inuit • Race categories of participant respondents: o Black o East/Southeast Asian o Indigenous (First Nations, Métis, Inuk/Inuit) o Latino o Middle Eastern o South Asian o White o Other – please specify. • Gender of participant respondents: o Woman o Man o Non-Binary o Two-Spirit o I don’t identify with the above (please specify) o I prefer not to answer. Page 43 of 78 Page 373 of 484 EXECUTION COPY 41 Reporting requirements and timelines are provided in Schedule “F” Reports. Program Participant Level Data Metrics: 1. Clients and Approved Participants Data List The bi-annual Reports to be submitted to the Province in accordance with item 1C of the table in Schedule “F” shall include the information set out in Table 2 below (the “Clients and Approved Participants Data List”) for each Client and Approved Participant . For certainty, the Clients and Approved Participants Data List shall not contain any identifying information relating to individual Clients or Approved Participants other than in their business, professional or official capacity. Table 2: Clients and Approved Participants Data List (Business Information Only) Clients and Approved Participants (Business Information Only) Definition Legal Name of Business Supported Business legal name receiving supports from an SBEC through Core and/or Micro-Grants Fiscal Year Fiscal Year (FY2024-25) Business Title Business Information Only Business Email Address Business Phone Number Business Mailing Address Business Postal Code City Municipality Region Central; Eastern; Northern; Southwestern Sector Area of the economy in which the SME operates (use NAICS code). Referral Partnerships Please specify the number and type of referral throughout the project including but not limited to RICs, SBECs, IPON. Page 44 of 78 Page 374 of 484 EXECUTION COPY 42 2. Grantee Data List The bi-annual Reports that are to be submitted to the Province in accordance with item 1D of the table in Schedule “F” shall include the information set out in Table 3 below (the “Grantees Data List”) for each Grantee. For certainty, the Grantees Data List shall not contain any identifying information relating to individual Approved Participants other than in their business, professional or official capacity. The Recipient shall not submit any Grantee Data List to the Province unless it has a first obtained a Grantee Data List Consent from the Grantee/Approved Participant to which the information in the Grantee Data List relates, in accordance with the applicable requirements set out in in Schedule “F”: Reports. Table 3: Grantee Data List (Business Information Only) Grantee Data List (Business Information Only) Definition Legal Name of Grantee Business legal name SBEC Grant Year Fiscal Year of funding (FY 2024-25) Business Title of the Micro-Grant applicant (CEO, Owner…) Business Information Only Business Email Address Business Phone Number Business Mailing Address Business Postal Code City Municipality Region Central; Eastern; Northern; Southwestern Sector Area of the economy in which the SME operates (use NAICS code). Starter Company Plus (SCP) SCP funds received in $ Summer Company (SC) SCP funds received in $ If Summer Company participant is aged of 18 years or older, please specify Yes, at least 18 years old, or No? Total Funding Total Funds of SCP and/or SC received in $ Total Funding Leveraged through other institutions/organizations (based on voluntary self-identification) Other sources of funds in $ Referral Partnerships Please specify the number and type of referral throughout the project including but not limited to RICs, SBECs, IPON. Page 45 of 78 Page 375 of 484 EXECUTION COPY 43 C5. ENTERPRISE CENTRE REPORTING (ECR) The Recipient will report back to the Province bi-annually in the ECR system during the term of the Agreement on key performance activities and metrics set out in Schedule “C”, Section C4 and in accordance with Schedule “F” Reports. C6. PROGRAM MONITORING, COMPLIANCE AND FOLLOW-UP Program Monitoring and Compliance Program monitoring and compliance will be carried out between the Province and Recipient. Some of the activities that can be expected during the life cycle of an Agreement include: 1. Activity and financial reporting on program activities, budget and performance metrics 2. On-site compliance and evaluation visits from the Province to evaluate onsite program activities and performance reporting processes 3. Monthly discussions via telephone with the Province on program progress 4. Correspondence by mail or e-mail. Follow-Up The Recipient will conduct follow-up with all Clients and Approved Participants who received a consultation through SBEC Core services and completed Summer Company and Starter Company Plus at exit to report on the impact performance metrics outlined in Schedule C, Section C4. or until an outcome performance metric is reported. The Recipient is required to maintain Clients and Approved Participant contact information. C7. INFORMATION MANAGEMENT REQUIREMENTS The Recipient will develop and maintain relevant and up -to-date systems for planning, monitoring, and reporting program activity and expenditures. Without limiting the generality of the provisions in sections A7.2, A7.3 and A7.4, a t a minimum, the Recipient’s information management records, systems, and procedures will: a. Ensure that full documentation is available, verifying that the statistical and financial information entered into any Province systems and other Recipient management systems meets the reporting and audit requirements of the Province; b. Protect Clients’ and Approved Participants’ privacy in accordance with the Agreement with the Province, including records through storage in a secured system, for both electronic and manual records; Page 46 of 78 Page 376 of 484 EXECUTION COPY 44 c. Make records accessible for audit purposes by identifying them in a distinct manner, rather than only by name; d. Ensure records and information are used for ongoing evaluation of services. C8. SBEC BUSINESS PLAN AND PROGRAM PLAN The Business Plan and Program Plan attached in this section C8 form part of the Agreement. Small Business Enterprise Centre (SBEC) Business Plan SBEC Name: Niagara Falls Small Business Enterprise Centre Location: 4310 Queen St, Niagara Falls (City Hall) - Second Floor Completed By (Name and Title): Alejandra Palma, Small Business Consultant Date: January 19, 2024 Overview The intent of this Business Plan is to provide a description of the work of the Small Business Enterprise Centre (SBEC) in FY2024-25 and will be included as part of the program agreement. This business planning process also provides a basis for dialogue between the ministry and your SBEC which covers: • A plan to achieve objectives for the upcoming fiscal year; • How local and regional economic development priorities and strategic direction align with programming; and • How services meet the needs of entrepreneurs in their community. Note: Please provide short, concise and direct responses wherever possible or as bulleted responses. Where descriptions are being requested, please limit your response to no more than 1-2 paragraphs (~ 2-300 words max.). Page 47 of 78 Page 377 of 484 EXECUTION COPY 45 1. Small Business Enterprise Centre (SBEC) Overview 1.1 Describe the Small Business Enterprise Centre’s main objectives for the next 2-5 years: The Niagara Falls SBEC’s main objectives are as follows: • Strive towards continuously building our reputation as the premier and reliable source of information and guidance for small business startup and expansion within our designated region. • Provide networking and collaboration opportunities: The centre may facilitate connections among small businesses, fostering a supportive and collaborative environment that encourages knowledge-sharing, partnerships, and potential business opportunities. • Enhance business skills and knowledge: The centre could offer a range of training and development programs to help entrepreneurs and small business owners acquire essential business skills and knowledge. • Measure impact and outcomes: The centre will continue to implement strategies to measure and evaluate the impact of its programs and services, utilizing data and feedback to continuously improve and tailor support for small businesses. • Establish and utilize strategic collaborations with organizations and service providers that complement our offerings, enabling us to expand the range of referral options available, increase the number of potential client leads, and create more opportunities for collaborative events and seminars. 1.2 How is the SBEC currently governed? (please check one) Reporting to a municipality Independent non-profit Other: _____________ 1.3 Describe the current service area of the SBEC (i.e. using municipal boundaries): The main area where the Niagara Falls SBEC operates is the City of Niagara Falls. Additionally, they also provide services to nearby municipalities in the Niagara Region such as Niagara-on- the-Lake, Fort Erie, Port Colborne, and Wainfleet. In cases where these municipalities have their own Economic Development Departments, the Niagara Falls SBEC has established strong partnerships with them to promote their services and assist clients. Page 48 of 78 Page 378 of 484 EXECUTION COPY 46 1.4 If you have a service area that extends to other municipalities beyond the municipality in which your SBEC is based, do those municipalities contribute to the SBEC (i.e. through in-kind and/or cash contributions) Yes No 2. Economic Development Strategy and COVID Recovery 2.1 Does your municipality (or region) have a current economic development strategy? Yes No If yes, briefly describe the key objectives or main themes in the plan: The City of Niagara Falls has implemented an Economic Development Strategy that encompasses a dedicated section on fostering the growth of small businesses. Aligned with the council's strategic priorities, this strategy lays emphasis on leveraging education, technology, and entrepreneurship as powerful tools for harnessing community assets and driving the creation of employment opportunities. Moreover, it puts a significant focus on establishing attractive incentives and robust support systems for small businesses and entrepreneurs within the downtown area. 2.2 Does the municipality or region’s economic development strategy include any specific initiatives delivered by the SBEC? Yes No If yes, please identify the initiative: The existing strategic priorities center around encouraging small businesses and entrepreneurship within the historic commercial zones of our service area. The Niagara Falls SBEC assumes a crucial function as the initial point of contact between the entrepreneurial community and an extensive network of partners, aiming to facilitate cooperative connections and local support. Additionally, the SBEC has joined forces with other initiatives like participating in Small Business Grand Openings and promoting Digital Main Street programs, to provide comprehensive support to small businesses. Page 49 of 78 Page 379 of 484 EXECUTION COPY 47 2.3 How does your SBEC ensure that its services align with the goals and priorities of the municipality or region’s economic development strategy? The Niagara Falls SBEC operates in close collaboration with various municipal departments and stakeholders as a division of the City of Niagara Falls' Business Development Department. Regular monthly meetings are held between the SBEC and senior staff to provide updates on the programs and initiatives undertaken by the SBEC, ensuring that the municipality's interests in the SBEC are being addressed. If there are specific initiatives that hold importance for the municipality, they are given particular attention and discussion during these meetings. Furthermore, the Business Development Annual Report features a dedicated section that highlights the achievements of the SBEC, emphasizing its alignment with the goals and priorities of the municipality. 2.4 Is the SBEC active in supporting a COVID recovery strategy or plan? Yes No If yes, provide an overview of how. If not, please provide a rationale: The Niagara Falls SBEC actively participated in the Small Business Centres Ontario project, which received funding from the Government of Ontario's Ontario Together Fund. The primary objective of this project was to develop a centralized website that would aid small businesses in accessing the necessary support for recovering from the economic consequences caused by the COVID-19 pandemic. At a local level, the Niagara Falls SBEC has played a significant role in assisting small businesses in overcoming challenges arising from the pandemic. They provide valuable advice and refer businesses to relevant resources. The Mayor's Office of the City of Niagara Falls is a crucial source for client referrals when such support is needed. Furthermore, the Niagara Falls SBEC successfully applied for and delivered the Digital Service Squad program as part of Digital Main Street for the period of 2020-21 and will continue to offer this service until March 2024. The Digital Service Squad specifically targets brick-and-mortar businesses that have been disproportionately impacted by the pandemic. They play a critical role in providing consultations on implementing digital tools to enhance online business operations. Page 50 of 78 Page 380 of 484 EXECUTION COPY 48 3. Local Entrepreneurship Partners 3.1 Provide an overview of local and regional partners that support the work of the SBEC and the entrepreneurship ecosystem (e.g. municipalities, Chamber of Commerce, Business Improvement Areas, Regional Innovation Centres, Community Futures Development Corporations, etc.) Partner / Organization Name Type of Support Provided to SBEC or Partnership (e.g. funding, in-kind contributions, service exchange, referrals, etc) Venture Niagara CFDC Referrals, Participation on SCP Grant Committee, Seminar and Event Collaboration South Niagara Chambers of Commerce Referrals, Seminar and Event Sponsorship such as: International Women’s Day, and Collaboration. Niagara Falls Innovation Hub Referrals, Seminar and Event Sponsorship and Collaboration Main & Ferry BIA, Lundy’s Lane BIA, Victoria Centre BIA, Fallsview BIA Partner on Economic Development Initiatives for Small Business, Referrals, Coordination of Grand Opening events for New Businesses YMCA Employment & Immigrant Services Referrals, Seminar, and webinar presentations Niagara College & Brock University Referrals, Seminar Collaboration Futurpreneuer Referrals 3.2 Identify any new partnerships that the SBEC has been pursuing or plans to pursue during the contract period, if any: The Niagara Falls SBEC is pursuing the following partnerships: • Finalizing details to launch a set of seminars (4) during the year of 2024 in partnership with the Job Gym, for their client interested in pursuing entrepreneurship. • Planning stages of developing workshop and event programming with The Exchange Cultural Hub in Niagara Falls. • There are plans for future collaborations between the Niagara Falls SBEC and the "Employment Solutions" Centre in Niagara Falls to organize a seminar specifically aimed at immigrants and newcomers in the skill trades field. Page 51 of 78 Page 381 of 484 EXECUTION COPY 49 3.3 Does the SBEC have dedicated initiatives for any special interest populations (e.g. BIPOC entrepreneurs, francophone, LGBTQIA2+, youth, etc.)? Yes No If yes, please identify which groups: 4. SBEC Operations 4.1 How is the SBEC staffed: Full-Time Part-Time Permanent Employees 2 Contract Staff 1 Please provide an organizational structure/chart that shows reporting relationships and roles/titles: Manager of Business Development (Municipal Staff) ↑ Small Business Consultant/Office Manager (SBEC staff) ↑ Small Business Advisor (SBEC staff) 4.2 How often does your SBEC report to your municipal Council (if applicable) or Not-For- Profit Board? Once a Year Twice a Year Quarterly (4 times per year) Other: No formal council reporting. SBEC staff attend monthly departmental meetings with the Municipal Business Development Department and provide ongoing reports to the Manager and Director. Page 52 of 78 Page 382 of 484 EXECUTION COPY 50 4.3 If you do report to Council or a Non-For Profit Board, what information does your SBEC provide? (Select all that apply) Highlights from the SBEC (e.g. consultations, # jobs created, businesses supported, success stories) Administrative and service delivery (e.g. Transfer Payment Agreement updates, staffing resources) Partnerships (e.g. existing or recommendation to pursue new partnership opportunities) Financial reporting (e.g. budget, municipal/county or other partner contributions of cash and/or in-kind) Other: ____________________________________ 4.3 Describe any changes to operations and client service delivery in response to post COVID-19 (e.g. shifts between in-person and digital service; changes to methods of engaging with businesses): The Niagara Falls SBEC has adapted its seminars, workshops, and events to a hybrid model, enabling clients and partners to participate regardless of the impact of Covid-19. Additionally, consultations are also conducted in a hybrid format, offering both in-person and virtual options based on the client's preference. 4.4 Identify any barriers or possible risks to successfully delivering the programs and services of the SBEC. What steps are being undertaken to address these risks? The ongoing Covid-19 pandemic poses a persistent threat to the SBEC's ability to offer services at full capacity. In response, the Niagara Falls SBEC has embraced digital tools to ensure operational continuity and provide businesses with support in navigating the digital landscape both during and after the pandemic. Page 53 of 78 Page 383 of 484 EXECUTION COPY 51 4.5 What tools, platforms or systems does your SBEC use to manage client outreach, engagement and tracking program and client data? The Niagara Falls SBEC utilizes social media platforms (Instagram, Facebook, and LinkedIn), email campaigns (Mailchimp) and coordination with strategic partnership to conduct client outreach and engagement. Each platform incorporates a diverse mix of video, written and photo-based content. Microsoft Outlook is the primary means of scheduling clients’ meetings and communicating with clients over email. The City of Niagara Falls corporate channels are also leveraged for marketing and client engagement purposes. Client tracking is currently conducted using GrowthWheel. Client data is obtained by way of submitting a client intake form on GrowthWheel and metric are tracked in-platform as well. Additionally, we gather Starter Company Plus participant information via Survey Monkey. 4.6 Describe any future initiatives to improve programs, services, or operations: The Niagara Falls SBEC has plans to implement a new Inquiry Tracking system that will prevent data leakage and improve the efficiency of tracking client information. Moreover, we are working on creating comprehensive information guides for various industries, offering up-to-date information on Starting a Business in a user-friendly manner. Additionally, since December 2023, the Niagara Falls SBEC has been featuring participants and their businesses on their social media platforms through the "Starter Company Plus" spotlight, aiming to enhance client attraction and engagement. 5. Client Service, Engagement and Follow-up 5.1 Briefly describe the steps of the SBEC’s client intake, service and engagement process: Clients are assessed and prioritized when they first reach out to the SBEC, which can be through a phone call, email, or walk-in visit. Simple inquiries are addressed immediately by SBEC staff during the initial contact and may not necessitate any further action. For more in depth inquiries, clients are either scheduled for a one-on-one consultation or directed to a relevant seminar or workshop. Clients who opt for one-on-one consultations complete a client information form using GrowthWheel, a tool for compiling their data. Seminars and webinars require clients to register through Eventbrite or the City of Niagara Falls event registration process. The majority of consultations and seminars are facilitated by the Small Business Advisor. Some clients may require multiple seminar or consultation sessions, particularly those developing business plans or in the early stages of starting a new business. Page 54 of 78 Page 384 of 484 EXECUTION COPY 52 5.2 How does your SBEC conduct client follow-ups? At what stage of your engagement does this occur? Clients who have participated in consultations or are considered high touch clients receive ongoing follow-ups throughout the year. The preferred methods of follow-up are email or telephone, usually taking place within 2-3 months after the last consultation. The GrowthWheel CRM is used by the Niagara Falls SBEC to schedule these follow-ups and receive notifications every 3 months for contacting clients after their last consultation. In cases where clients have not clearly indicated whether they will be starting or expanding their business, a second follow- up attempt may be necessary. Page 55 of 78 Page 385 of 484 EXECUTION COPY 53 6. Program Plan and Outcomes SBEC PROGRAM PLAN AND OUTCOMES April 1, 2024 - March 31, 2025 SBEC Name: Niagara Falls Small Business Enterprise Centre Location: 4310 Queen St, Niagara Falls ON Completed By: (Name and Title) Alejandra Palma, Small Business Consultant Date: January 19, 2024 Note: To assist with completing activity and outcomes targets for 2024-25, please review targets set in the 2022-24 consolidated TPA and actuals reported to date as a starting point and adjust accordingly based on any trends or changes in demand observed. Program Components Key Activities Performance Indicators – Activities and Outcomes Target 2024/25 Program plan for delivery of SBEC Core Outline 3-5 key activities associated with the delivery of this initiative. Examples: Administration, Strategic Planning and Recruitment, Initial Assessment/Inquiries, Business Advisory/Coaching, Business Skill Development, Events, Partnership Communications. • Client inquiries are tracked using GrowthWheel spreadsheets and consultation information is captured using a digital Client Intake Form. • SBEC has high degree of collaboration with local CFDC, BIAs and Innovation Organizations to established client leads and enhance public relations. • Ongoing follow up is conducted approximately 2-3 months after consultation to determine progress Activity # of Inquiries 1900 Total # of consultations 375 # of consultations – exploring entrepreneurship 80 # of consultations – starting a business 205 # of consultations – existing business 90 # of French language consultations 0 Outcomes # of businesses started 86 # of businesses sustained N/A # of businesses expanded 15 # of businesses purchased 3 # of jobs created 115 Page 56 of 78 Page 386 of 484 EXECUTION COPY 54 and assess any additional support required. • Business plan and financial projections template tools are frequently used to consult clients on the creation of these documents that are often required for business financing. Program plan for delivery of Starter Company Plus Outline 3-5 key activities associated with the delivery of this initiative. Examples: Administration, Intake, Training and Skills Development, Mentorship, Micro-Financing • SCP applicants are recruited on an ongoing basis via SBEC consults and seminars, however a coordinated marketing campaign occurs over a 6-8 week period. • Applicants are interviewed to determine eligibility for program; all who are eligible are able to participate in training • Training sessions occur over a 5 week period, with one 2.5 hour session per week. Training sessions are mandatory. • SBEC staff assist applicants with preparation of business plan/financials which are required in order to pitch for grant. Applicants who submit satisfactory documents pitch to a grant committee consisting of business professionals from the community. • The grant committee scores each applicant and deliberate on highest scoring applicants and awarding of grants. Grant recipients must attend mandatory mentor meetings, unsuccessful Activity # of applications submissions 100 # of completed approved participants 18 # of grants issued 9 $ value of investment leveraged $62,500 Outcomes # of businesses started 8 # of businesses expanded 5 # of businesses purchased 0 # of jobs created 15 Page 57 of 78 Page 387 of 484 EXECUTION COPY 55 applications are free to attend as well. • Site visits are arranged to see the successful applicants in action. Program plan for delivery of Summer Company Outline 3-5 key activities associated with the delivery of this initiative. Examples: Administration, Intake, Training and Skills Development, Mentorship, Micro-Financing. • Summer Company marketing campaign includes paid social media marketing, presentations in high schools and post- secondary institutions, connecting with co-op departments, print advertisements, etc. • Each applicant who submits a business plan will attend an interview with SBEC staff to confirm eligibility and assess the applicant’s business proposal. SBEC staff then make offers to be in the program to the top performers. • Accepted students attend a training day which includes applied sessions on marketing, bookkeeping, steps to starting, etc. • Accepted students attend biweekly mentor meetings with entrepreneurs and business professional from the community. • Site visits are arranged to see the successful applicants in action, and exit interviews are conducted upon completion of the program to get feedback and determine if they will consider entrepreneurship as a career path. Activity # of application submissions 9 # completed approved participants 6 # of grants issued 6 Outcomes # of businesses started 6 # of jobs created 6 # interested in pursuing entrepreneurship as a career option 5 Demographics (NEW) N/A Voluntarily Self- Identified # of Total of unique businesses that voluntarily self-identified for collection of demographics N/A Page 58 of 78 Page 388 of 484 EXECUTION COPY 56 # of businesses owned by individuals (on an aggregate basis) that have voluntarily self-identified as part of any of the following groups: - Women - Francophones - Indigenous people (First Nations, Inuit or Metis) - Racialized groups - Black communities - Newcomers to Canada (landed immigrants who came to Canada up to 5 years prior to a given census year) - People with disabilities - Lesbian, gay, bisexual, or queer, Trans or non-Binary (LGBQ2+) - Youth under 39 years of age N/A Page 59 of 78 Page 389 of 484 EXECUTION COPY 57 7. Budget SCHEDULE “D” BUDGET BUDGET TEMPLATE SBEC Name: Niagara Falls Small Business Enterprise Centre Completed by: Alejandra Palma A. Summary of Funding Contributions Funding Year 1: FY2024/25 SOURCES SBEC Program Componen ts MEDJCT Funding Municipal Funding County Funding Other Funding In-kind (non-cash) contributio ns TOTAL SBEC Core $109,844 $124,554 $0 $0 $0 $234,398 Starter Company Plus $48,000 $0 $0 $0 $0 $48,000 Summer Company $21,000 $0 $0 $0 $0 $21,000 TOTAL: $178,844 $124,554 $0 $0 $303,398 Page 60 of 78 Page 390 of 484 EXECUTION COPY 58 B. MEDJCT Program Funding Budget SBEC PROGRAM FY 2024/25 April 1, 2024 to March 31, 2025 EXPENSES CATEGORIES Budget In Cash Actual In Cash A. SBEC Core SBEC Core Project Delivery: - Staffing (Salary & MERCS, Consultants) $98,825 - Program Operating Expenses (events, marketing/advertising, travel, workshops) $6,519 - Technology Platform Upgrades $0 Administrative Expenses (Max. 10% of the 'SBEC Core' Subtotal): - Courier, phone, office supplies, rent, audit at end of term $4,500 SBEC CORE Subtotal (A) $109,844 B. Starter Company Plus (SCP) SCP Project Delivery: - Monitoring, grant committee, workshops, outreach, events, marketing, advertising, travel $3,000 SCP Micro-Grants: $45,000 Starter Company Plus Subtotal (B) $48,000 C. Summer Company (SC) SC Project Delivery: - training, workshops, outreach, events, marketing/advertising, travel $3,000 SC Micro-Grants: $18,000 Summer Company Subtotal (C) $21,000 TOTAL EXPENSES (A+B+C) $178,844 Page 61 of 78 Page 391 of 484 EXECUTION COPY 59 Maximum Fund per Funding Year from the Province $178,844.00 See Schedule “H” for Eligible Expenditures for more details *Pro-rated Staff, please indicate how many staff are allocated to the project: 2 Page 62 of 78 Page 392 of 484 EXECUTION COPY 60 SCHEDULE “E” PAYMENT SCHEDULE All payments are subject to the terms and conditions of the Agreement including, but not limited to, those in section A4.2(a) Maximum Funds: $178,844 TERM: 1 Year 2024-25 FUNDS IN FUNDING YEAR 1: up to $178,844 2024/25 PAYMENT DATE OR MILESTONE AMOUNT OF FUNDS TOTAL DISBURSEMENT Payment 1: After execution of the Agreement by both the Recipient and Ontario, and receipt and approval by the Province of the insurance certificate required under Schedule “A”, Article 10 Up to $160,959.60 (up to 90% Maximum of Funds per Funding Year Up to $160,959.60 Payment 2: Following the receipt and acceptance by the Province of the following reports pursuant to Schedule “F” for payment by June 30, 2025: 1. Bi-Annual Performance Metrics Reports for the period from Q1 to Q2 and from Q3 to Q4 of the Funding Year; and 2. Interim Report for the Funding Year: • Interim Financial Report on Budget; • Interim Report on Program Plan and Operations; and 3. French Language Services Act (Ontario) Checklist for the Funding Year; and Up to $17,884.40 (up to 10% Maximum of Funds per Funding Year) Up to $17,884.40 Page 63 of 78 Page 393 of 484 EXECUTION COPY 61 4. Clients & Approved Participants Data Lists and Grantee Data Lists for the Funding Year; and 5. Year-End Report for the Funding Year: • Year-End Financial Report on Budget; • Year-End Report on Program Plan and Operations; • Request for Payment and Certificate; and 6. Audit Report pursuant to Schedule “F” for the Funding Year. Total Payments for Funding Year 1, 2024-25 Up to $178,844 Page 64 of 78 Page 394 of 484 EXECUTION COPY 62 SCHEDULE “F” REPORTS REPORTING REQUIREMENTS The Recipient will submit reporting as outlined below: Type of Report Name of Report Due By 1. Performance Metrics and Outcomes A. Bi-annually Performance Metrics Reporting Bi-annually reporting of SBEC Program performance metrics as set out in Schedule “C” SBEC Program and the Program Plan. Performance activities and outcomes to be submitted through the Enterprise Centre Reporting (ECR) system with reference to any data definitions provided by the Province. • Q1-Q2 (Apr – Sep) of each Funding Year by October 15, 2024 • Q3-Q4 (Oct – Mar) of each Funding Year by April 15, 2025 B. Number of Unique Businesses Supported and Businesses Supported by Workshops • Number of unique businesses supported: Reported annually. The number of unique businesses supported through the Recipients services. These are unique businesses served in the year by the Recipient including both new and existing or legacy clients. • Number of businesses supported through workshops: Reported annually. The number of businesses who participated in a workshop series (as part of the SBECs triaging process before receiving a consultation). Q1-Q4 (Apr – Mar) by April 15 of each Funding Year Page 65 of 78 Page 395 of 484 EXECUTION COPY 63 C. Clients & Approved Participants Data List – Table 2 • Bi-annual reporting of Clients and Approved Participants Data List, in accordance with section C.4 of Schedule “C”, for Clients and Approved Participants for the reporting period of April 1, 2024 to September 30, 2024 and October 1, 2024 to March 31, 2025. • On or before October 15 of each Funding Year • On or before April 15 of each Funding Year D. Grantee Data Lists – Table 3 • Bi-annual reporting of Grantee Data Lists, in accordance with section C.4 of Schedule “C”, for any Eligible Businesses that have received a Micro-Grant and that have provided consent for reporting of such Grantee’s Grantee Data List information to Province, for the reporting period of April 1, 2024 to September 30, 2024 and October 1, 2024 to March 31, 2025. • Template of the Grantee Data Consent Form for the Grantee or the Approved Participant acting as representative of a prospective SCP or SC Eligible Business. • On or before October 15 of each Funding Year • On or before April 15 of each Funding Year 2. Financial A. Interim Report on Budget Each Report shall include: • Reporting on actuals relative to the Budget set in Schedule “D” for the period of April 1 to December 31. Identification and explanation of any and all variances in the Budget resulting from a transfer of Funds by the Recipient in accordance with that comply with section A4.4 of Schedule “A”. On or before January 15 of each Funding Year Page 66 of 78 Page 396 of 484 EXECUTION COPY 64 • Projected spending for the remainder of the fiscal year to identify over- or underspending. B. Year-End Report on Budget Each Report shall include: • Report on actuals relative to the Budget set in Schedule “D” for the period of April 1 to March 31. • Identification and explanation of any and all variances in the Budget resulting from a transfer of Funds by the Recipient in accordance with with section A4.4 of Schedule “A”. • Report on other partner funding contributions as projected in Schedule “D” Budget. On or before May 31 of each Funding Year 3. Program Plan and Operations A. Interim Report on Program and Operations Interim progress report on the SBEC Program including but not limited to a report on Program Plan activities, explanation of tracking to targets and plan to achieve any missed targets, any additional context or updates on operations for the period of April 1 to December 31. On or before January 15 of each Funding Year B. Year-End Report on Program and Operations Year-end progress report on the SBEC Program including but not limited to a report on Program Plan activities, explanation of tracking to targets and plan to achieve any missed targets, any additional context or updates on operations for the period of April 1 to March 31. On or before May 31 of each Funding Year Page 67 of 78 Page 397 of 484 EXECUTION COPY 65 C. SBEC Program Success Stories Submission of 2-3 Client or Approved Participant success stories for each of SBEC Core, Starter Company Plus and Summer Company: • SBEC Core and Starter Company Plus: • On or before May 31 of each Funding Year • Summer Company: • August 31 of each Funding Year 4. Certificates and Documentation A. Proof of Insurance Report Proof of Insurance Certificate for each Funding Year to be supplied by the Recipient in accordance with Section A10.2 in Article A10.0 of Schedule “A”. Upon execution of the Agreement by the Recipient B. Request for Payment and Certificate To be submitted as request for funds per Schedule “E” Payment Schedule with accompanying reports required. Completed per Schedule “G” to be signed by a senior officer On or before May 31, 2025 C. French Language Services Act (Ontario) Checklist Checklist for the provision of services in French by the Recipient, in a form to be provided by the Province and to be signed by a senior officer. On or before January 15 of each Funding Year D. Proof of Acquisition of Goods or Services For any acquisition valued at $25,000 or more in accordance with Schedule “A”, Section A5.1 submit full documentation of the competitive process used for any sub- contract for goods or services (excluding industry experts and employers that the Within 30 days of selecting process for the subcontractors that may deliver the SBEC Program Page 68 of 78 Page 398 of 484 EXECUTION COPY 66 Recipient partners with to deliver the SBEC Program). E. Auditor’s Certificate Auditor’s report certifying financial reporting provided in item 2. Financial of this Schedule “F” for the period of April 1, 2024 to March 31st, 2025. To be prepared and signed by a chartered accountant in the form of Schedule “J”. On or before May 31, 2025 5. Other Reports Other reports or information requests as specified and to the satisfaction of the Province On a date or dates as specified by the Province REPORT DETAILS The Recipient shall submit all Reports in the format as specified by the Province, in accordance with Section A7.1 of Schedule A: • Performance Metrics and Outcomes data will be submitted to the Enterprise Centre Reporting (ECR) system; and • Other items including Financial, Program Plan and Operations, Clients and Approved Participants Data Lists (Table 2), Grantee Data Lists (Table 3), SBEC Program Success Stories, and French Language Services Act (Ontario) Checklist. COMPLIANCE AND PERFORMANCE MONITORING The Province will conduct compliance and perform ance monitoring activities throughout the term of the Agreement in consultation with the Recipient as follows: • Bi-weekly and/or Bi-monthly check-ins will be conducted by the ministry staff advisor assigned to oversee the SBEC to discuss program successes, challenges as they arise and any actions to mitigate program risks. • Compliance with the modernized French Language Services Act (Ontario) and completion of the checklist. Development of a plan to achieve compliance with timelines in the case of non-compliance. • An on-site (or virtual if necessary) SBEC review and assessment will be conducted by the Province once a year. A thorough review of the SBEC’s performance and Page 69 of 78 Page 399 of 484 EXECUTION COPY 67 program documentation will be reviewed for all aspects of program deliver y as outlined in the Agreement. The Province will provide a summary report to the SBEC and establish actions for follow-up. • Following the annual review and assessment the Ministry staff advisor will work with the SBEC to provide course correction and/or identify opportunities for continuous improvement. • Provide a reflection and update on the Business Plan. CLIENTS AND APPROVED PARTICIPANTS DATA LIST AND NOTICE OF COLLECTION The Recipient agrees that the Province may contact Clients and Approved Participants, on behalf of the Recipient, to solicit their participation in an annual business supports survey to provide performance and program and service delivery feedback to the Province. The Recipient shall provide the Province with up-to-date business contact details for its Clients and Approved Participants List in accordance with the Clients and Approved Participants Data List, and will add consent language to its application and inquiry forms to notify the Client or Approved Participant, as applicable, that their business contact information contained in the Clients and Approved Data List will be shared with the Province for purposes of the Province conducting a program service delivery survey/improvements as described above. GRANTEES DATA LIST AND NOTICE OF COLLECTION The Recipient, in its Micro-Grant Agreements related to the Starter Company Plus and/or Summer Company, will add language requesting consent from each respective Grantee (a “Grantee Data List Consent”) for the business contact information in the Grantee Data List pertaining to that Grantee to be disclosed to the Province for purposes of the Province using it to communicate with the Grantee about SBEC Program updates and to invite the Grantee’s participation in SBEC Program events, public announcements, press releases and opportunities for visits by Provincial officials, members of provincial parliament, and local representatives. The Recipient shall provide the Province with up - to-date business contact details, in accordance with the Grantee Data Lists, for those Grantees which have provided a Grantee Data List Consent. The form of Grantee Data List Consent shall notify the Grantee that it has the right to withdraw such consent, in writing, at any time, by contacting the Recipient. The Recipient shall provide the Province with (i) a copy of any Grantee Data List Consent provided by a Grantee; and (ii) a copy Page 70 of 78 Page 400 of 484 EXECUTION COPY 68 of any withdrawal of such consent by any Grantee promptly upon receipt of such withdrawal by the Recipient. Page 71 of 78 Page 401 of 484 EXECUTION COPY 69 SCHEDULE “G” REQUEST FOR PAYMENT AND CERTIFICATE TO: The Ministry of Economic Development, Job Creation, and Trade FROM: [Instructions to staff: Recipient to fill out]. RE: Request for Funds for Payment # [ ] for the Period of: _________________________________ I, <Enter (name), (title) of senior officer> of the Recipient, on behalf of the Recipient, hereby certify that: 1. To the best of my knowledge, information and belief, and after making all appropriate examinations and enquiries, the Recipient is in compliance with the terms and conditions of the Agreement and that no material changes have been made to the SBEC Program or Budget, as such terms are defined in the Agreement; 2. On and as of the date hereof, the unspent balance of Funds for the period ending <enter day/month/year > is $●. 3. On and as of the date hereof, the revenues and expenditures for the period ending <Enter day/month/year > are accurately reported and that all Funds were spent in accordance with the terms of the Agreement; 4. On and as of the date hereof, the amount requested herein as an advance in Funds will be incurred on behalf of the Recipient solely for Eligible Expenditures per Schedule “H”; and 5. On and as of the date hereof, the attached or submitted Reports, namely: • Reporting on performance metrics and outcomes have been reported on the Enterprise Centre Reporting (ECR) platform and are current; • Financial Report on Budget; [and] Page 72 of 78 Page 402 of 484 EXECUTION COPY 70 • Program Plan and Operations Report; [and] • [Any additional reports required] are true and accurate. The Recipient requests that the Province disburses Funds to the Recipient as follows: A. Amount Requested: SBEC Core Core Project Delivery 0.00 Core Project Administration 0.00 Subtotal SBEC Core $ Starter Company Plus (SCP): Starter Company Plus Project Delivery 0.00 Starter Company Plus Project Grants 0.00 Subtotal Starter Company Plus $ Summer Company (SC): Summer Company Project Delivery 0.00 Summer Company Project Grants 0.00 Subtotal Summer Company $ Total Requested (A): $ B. Actual interest* earned on all Funds this Funding Year to date: *interest will be deducted at the end of each Funding Year C. Total Requested Payment (A-B=C) 0 IN WITNESS WHEREOF the undersigned has hereunto signed these presents this ● day of ●, 20●●. Per: ____________________________ Name: TITLE OF SENIOR OFFICER: Page 73 of 78 Page 403 of 484 EXECUTION COPY 71 SCHEDULE “H” ELIGIBLE EXPENDITURES Eligible and Ineligible Expenditures Eligible Expenditures must be directly related to the delivery of the SBEC Program and Budget and not of a nature which would have been incurred by the Recipient in the normal course of business. Documentation for all expenditures must be kept on file for audit purposes. The Province reserves the right to make a determination on the eligibility of expenditures submitted for reimbursement. In the event of any interpretation issues regarding the eligibility, valuation or other matter regarding expenditures, the decision of the Province shall be final and determinative. Expenses not describ ed in the categories set out in this document require prior written approval of the Province in order to be considered Eligible Expenditures. Eligible Expenditures Eligible Expenditures include, but are not limited to: • SBEC Program administration and overhead (not to exceed 10% of amount budgeted for the SBEC Program expenses as described in the Budget) pursuant to Schedule “A”, Section A4.4(a)(i). • Travel costs to attend business meetings within Ontario related to the administration of the Agreement or to attend meetings that the Province convenes or supports, all of which shall be subject to the Recipient’s guidelines on travel, meal and hospitality expenses. • Professional fees, including legal and audit fees: a) directly related to and required for the management of the SBEC Program or b) to conduct the activities and services relating to the SBEC Program as described in the Budget. Costs are not to exceed demonstrated fair market value. • Costs related to work performed by companies or individuals that contribute to the delivery of the SBEC Program. Consulting or other services directly related to the delivery of the SBEC Program must be costed at demonstrated fair market value or less. • Telecommunication fees including connectivity charges directly related to and required for the management of the SBEC Program. • Staff training costs directly related to delivery of the SBEC Program. • Development, marketing and delivery expenditures directly related to the delivery of the SBEC Program. • Training delivery directly related to the development and delivery of the SBEC Program, all of which shall be subject to the Recipient’s guidelines on travel, Page 74 of 78 Page 404 of 484 EXECUTION COPY 72 meal and hospitality expenses provided that such guidelines are no less stringent that the Province’s Travel, Meal and Hospitality Expenses Directive. • Salaries and MERCs which are pro–rated to the time spent directly on the delivery of the activities and services relating SBEC Program as described in the Budget. Salaries and MERCs is defined as the actual salaries or wag es paid to employees, excluding bonuses, together with mandatory employment-related costs (MERCs), incurred by the Recipient during the term of this Agreement. For greater certainty, mandatory employment-related costs may only include mandatory minimum vacation pay, employer’s contributions to employment insurance and the Canada Pension Plan, employer health tax, and Workplace Safety and Insurance Board Premiums. • Travel costs to meet with potential partners or stakeholders within Ontario required in the development of the SBEC Program and in connection with activities and services relating to the SBEC Program as described in the Budget. • Marketing materials and related communication costs if directly related to the activities and services relating to the SBEC Program as described in the Budget. • Information and marketing session costs required to deliver the SBEC Program. Facility and equipment rental fees and utilities used to support the delivery of the SBEC Program, and not of a nature which the proponent would incur in the normal course of business, and which are demonstrably incremental to the delivery of the SBEC Program. Ineligible Costs The Funds cannot be used towards the following costs: • Costs related to referral fees for consultants. • Costs of those receiving referrals from the Recipient related to professional consultations by law firms or lawyers and accounting firms or accountants. • Costs related to the development of the application for funding under this Agreement. • Costs not directly associated with the delivery of the SBEC Program or directly required to meet the deliverables of the SBEC Program. • Administrative salaries, except for SBEC Program management costs covered under SBEC Program administration and SBEC Program delivery. • Out–of–province travel costs. • Capital expenses, including but not limited to, purchasing or leasing land or buildings, leasehold improvements. • Costs for activities not related to the SBEC Program. • Annual membership fees to associations. • Stipends for Approved Participants. • Costs incurred prior to the Effective Date or after the Expiry Date. • Expenses or fees payable to organizations located outside of Ontario. • Debt reduction charges. • Bonuses. Page 75 of 78 Page 405 of 484 EXECUTION COPY 73 SCHEDULE “I” COMMUNICATIONS AND CONFIDENTIALITY PROTOCOL FOR ALL PROGRAMS UNDER SBEC PROGRAM 1. The Recipient shall provide to the Province, prior to public release, an electronic copy of all reports, announcements, brochures, audiovisual materials, internet materials, advertising and publicity, including design or other public communication or publication relating to the SBEC Program. 2. The Recipient shall advise the Province’s staff (to be designated by the Province) of any upcoming (positive or negative) announcements or advertising campaigns related to the Recipient’s activities as described in the SBEC Program and Budget (e.g. news release, news conference, awards, bankruptcies, etc.) and, at the Province’s option, provide the Province with the opportunity to participate or be present at these announcements. The Recipient will provide the Province with a minimum of ten (10) Business Days prior written notice of such announcements or advertising campaigns. (a) The Recipient shall not make any public announcement related to the Recipient’s SBEC Program related activities or services without the prior written approval of the Province. (b) The Recipient shall respond to requests by the Province for information about any public announcement as soon as possible and in any event will provide an initial response within twenty–four (24) hours. (c) The Recipient shall comply with any direction of the Province in respect of the Recipient’s use of any official logos of the Province on any of the Recipient’s websites, as well as promotional material and instructions for accessing the SBEC Program. (d) The Recipient will include information about the SBEC Program prominently displayed on its website, including promotional material and instructions for accessing the SBEC Program, with links to websites identified by the Province. Confidentiality A. Any information submitted to the Province in confidence should be clearly marked. B. The Recipient is advised that the business contact information of Clients and Approved Participants, and if applicable, any amount of Micro -Grant and the purpose for which the Micro-Grant is being granted is information to be made available to the Province upon request. Page 76 of 78 Page 406 of 484 EXECUTION COPY 74 SCHEDULE “J” AUDITOR’S CERTIFICATE TO: [Instructions: insert legal name and address of Recipient and contact person] CC: Ministry of Economic Development, Job Creation and Trade Small Business Branch 56 Wellesley St West, 4th Floor Toronto, Ontario M7A 2E7 Attention: Manager RE: Agreement between His Majesty The King in right of Ontario as represented by the Ministry of Economic Development, Job Creation and Trade (“Ontario”) and [Instructions: insert legal name of Recipient] (the “Recipient”) dated effective MONTH DAY, 20XX (the “Agreement”) Except as otherwise defined herein, all capitalized terms shall have the meanings given to them in the Agreement. We have audited the accompanying Schedules (the “Schedules”) which comprise a summary of the financial reporting provisions of the Agreement and other explanatory information, relating to the Auditor’s Certificate dated [insert date]. [Instructions to staff: Recipient to fill out] for the period [*] to [*] [Instructions to staff: Recipient to fill out]. The Schedules have been prepared by management of the Recipient based on the financial reporting provisions of the Agreement described in Schedule F. Management’s Responsibility for the Schedules Management of the Recipient is responsible for the preparation of the Schedules in accordance with the financial reporting requirements of the Agreement, and for such internal control as management of the Recipient determines is necessary to enable the preparation of the Schedules that is free from material misstatement, whether due to fraud or error. Auditor’s Responsibility Our responsibility is to express an opinion on the Schedules based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we comply with ethical requirem ents and plan and perform the audit to obtain reasonable assurance about whether the Schedules are free from material misstatement. Page 77 of 78 Page 407 of 484 EXECUTION COPY 75 An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the Schedules. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misinformation of the Schedules, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the management’s preparation of the Schedules in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Recipient’s internal control. An audit also includes evalua ting the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the Schedules. We believe that the audit evidence we have obtained is sufficient and a ppropriate to provide a basis for our audit opinion. Opinion In our opinion, the Schedules for the period ⚫ to ⚫ [Instructions to staff: Recipient to fill out] are prepared, in all material respects, in accordance with the financial reporting provisions of the Agreement. Basis of Accounting Restriction on Distribution and Use Without modifying our opinion, we draw attention to the note to the Schedules, which describe the basis of accounting. The Schedules are prepared to assist the Recipient to comply with the financial reporting provisions of the Agreement. As a result, the Schedules may not be suitable for another purpose. Our report is intended solely for the Recipient and Ontario and should not be distributed to or used by parties other than the Recipient and Ontario. DATED: ________________________ Signed Chartered Accountant [Instructions to staff: Recipient to insert name of chartered accountant. To be dated and signed by Chartered Accountant] Page 78 of 78 Page 408 of 484 The Town of Goderich 57 West Street Goderich, Ontario N7A 2K5 519-524-8344 townhall@goderich.ca www.goderich.ca Wednesday, April 10, 2024 Catalina Blumenberg Clerk Prince Edward County 332 Picton Main Street SENT VIA EMAIL: clerks@pecounty.on.ca Picton, Ontario K0K 2T0 RE: Town of Goderich Resolution – Review of the Ontario Works and Ontario Disability Support Program Financial Assistance Rates Dear C. Blumenberg, Please be advised of the following motion passed at the Monday, March 18, 2024, Goderich Town Council Meeting: Moved By: Councillor Segeren Seconded By: Councillor Kelly WHEREAS poverty is taking a devastating toll on communities, undermining a healthy and prosperous Ontario, with people in receipt of Ontario Works and Ontario Disability Support Program being disproportionately impacted; WHEREAS the cost of food, housing, medicine, and other essential items have outpaced the highest inflation rates seen in a generation; WHEREAS people in need of social assistance have been legislated into poverty, housing insecurity, hunger, poorer health, their motives questioned, and their dignity undermined; WHEREAS Ontario Works (OW) Financial Assistance rates have been frozen since 2018 ($733 per month); WHEREAS Ontario Disability Support Program (ODSP) benefit rates have been increased by 6.5 percent as of July 2023 to keep up with inflation, however even with the increase, ODSP rates still fall below their value in 2018 ($1,376 when adjusted for inflation) and significantly below the disability-adjusted poverty line ($3,091 per month); Page 409 of 484 The Town of Goderich 57 West Street Goderich, Ontario N7A 2K5 519-524-8344 townhall@goderich.ca www.goderich.ca WHEREAS OW and ODSP rates do not provide sufficient income for a basic standard of living and, as a result, hundreds of thousands of people across Ontario who rely on these programs live in poverty; WHEREAS designated Service Managers are doing their part, but do not have the resources, capacity, or tools to provide the necessary income and health- related supports to people experiencing poverty; and WHEREAS leadership and urgent action is needed from the Provincial Government to immediately develop, resource, and implement a comprehensive plan to address the rising levels of poverty in Ontario, in particular for those on Ontario Works and Ontario Disability Support Programs; THEREFORE BE IT RESOLVED THAT the Town of Goderich requests the Provincial Government to urgently: 1. At least double Ontario Works and ODSP rates and index rates to inflation, answering calls already made by “Raise the Rates” campaign and the “Income Security Advocacy Centre”; 2. Commit to ongoing cost of living increases above and beyond the rate of inflation to make up for the years they were frozen; 3. Commit to jointly working between the Ministry of Children, Community, and Social Services and the Ministry of Health on the best methods of assessing client needs and then matching those in need to the services they require; AND FURTHER THAT a copy of this resolution be sent to the Minister of Children, Community, and Social Services, the Minister of Health, the Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario, the Ontario Municipal Social Services Association, Huron County Social and Property Services, the Western Ontario Wardens Caucus, and all Ontario Municipalities. CARRIED If you have any questions, please do not hesitate to contact me at 519-524-8344 ext. 210 or afisher@goderich.ca. Yours truly, Andrea Fisher Page 410 of 484 The Town of Goderich 57 West Street Goderich, Ontario N7A 2K5 519-524-8344 townhall@goderich.ca www.goderich.ca Director of Legislative Services/Clerk /ar cc. Premier Doug Ford premier@ontario.ca Hon. Paul Calandra Paul.Calandra@pc.ola.org MPP Lisa Thompson, Huron–Bruce lisa.thompsonco@pc.ola.org Hon. Sylvia Jones Sylvia.Jones@pc.ola.org Association of Municipalities of Ontario resolutions@amo.on.ca Ontario Municipal Social Services Association dball@omssa.com Huron County Social and Property Services Western Ontario Wardens Caucus Ontario Municipalities Page 411 of 484 500 George Street North, Peterborough, ON, K9H 3R9 April 11, 2024 Hon. Paul Calandra Minister of Municipal Affairs and Housing via Email: minister.mah@ontario.ca Re: Jurisdiction of Ontario’s Ombudsman The following resolution, adopted by City Council at their meeting on April 8, 2024, is forwarded for your information and necessary action. That Council approve the recommendations outlined in Report LSOCS24-005, dated April 2, 2024 of the Commissioner, Legislative Services, as follows: a) That the Honourable Paul Calandra, Minister of Municipal Affairs and Housing, be requested to introduce a Bill to amend the Ombudsman Act to require the Ontario Ombudsman to provide to each municipality, if requested by the municipality, sufficient particulars of each investigation, matter or case respecting the municipality that is referred to in each of the Ombudsman’s Annual Reports to permit the municipality to fully understand and address the subject matter of each such investigation, matter or case including: i) a copy of each complaint, as applicable, redacted only to the extent of individuals’ personal information contained therein; ii) the identities of the municipality’s employees, officers and members of Council with whom the Ombudsman was consulting in respect of the investigation, matter or case; and iii) particulars of the outcome of the investigation, matter or case including the Ombudsman’s findings, conclusions and recommendations, if any. b) That the City Clerk forward Council’s resolutions resulting from Council’s approval of these recommendations to Minister Calandra, MPP David Smith, the Association of Municipalities of Ontario and to the municipal Clerks of Ontario’s municipalities. Page 412 of 484 Sincerely, J. Kennedy John Kennedy, City Clerk cc: David Smith, MPP Association of Municipalities of Ontario (AMO) All Ontario Municipalities Page 413 of 484 1 Heather Ruzylo To:Wilson, Joey Subject:RE: You’re invited to celebrate National AccessAbility Week and Red Shirt Day From: Wilson, Joey <jwilson@easterseals.org> Sent: Thursday, April 11, 2024 2:09 PM To: Carey Campbell <ccampbell@niagarafalls.ca>; Jim Diodati <jdiodati@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Cc: Mike Strange <mstrange@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca>; Tatjana Jaluvka <tjaluvka@niagarafalls.ca> Subject: RE: You’re invited to celebrate National AccessAbility Week and Red Shirt Day Thank you very much. I will hand deliver the shirts once I receive them. I look forward to hearing from the clerk department. Have a wonderful day. Joey Wilson Fundraising Specialist Easter Seals Ontario From: Carey Campbell <ccampbell@niagarafalls.ca> Sent: Wednesday, April 10, 2024 4:16 PM To: Wilson, Joey <jwilson@easterseals.org>; Jim Diodati <jdiodati@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca>; Bill Matson <billmatson@niagarafalls.ca> Cc: Mike Strange <mstrange@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca>; Tatjana Jaluvka <tjaluvka@niagarafalls.ca> Subject: RE: You’re invited to celebrate National AccessAbility Week and Red Shirt Day Thanks Joey: You can kindly send me the shirt and we will ensure Mayor Jim gets it to do some social media and promotion around, before the week! He would take a size L please! Additionally, your request for a proclamation will need to come before City Council, so I’m putting you in touch with our Clerk’s Department for their follow upon that. Best, carey Carey Campbell | Manager | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | 905.356.7521 X 4206 | ccampbell@niagarafalls.ca Page 414 of 484 2 From: Wilson, Joey <jwilson@easterseals.org> Sent: Tuesday, April 9, 2024 12:14 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Cc: Mike Strange <mstrange@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca> Subject: RE: You’re invited to celebrate National AccessAbility Week and Red Shirt Day Joey Wilson Fundraising Specialist Easter Seals Ontario From: Wilson, Joey Sent: Tuesday, April 9, 2024 12:13 PM To: jdiodati@niagarafalls.c; Accounts Payable <accountspayable@easterseals.org> Cc: mstrange@niagarafalls.ca; kelia@niagarafalls.ca Subject: You’re invited to celebrate National AccessAbility Week and Red Shirt Day Dear Mayor DiodaƟ, I’m wriƟng to ask if you would join me in making a pledge to commit to creaƟng a fully accessible and inclusive society that honours and values people of all abiliƟes during NaƟonal AccessAbility Week and Red Shirt DayTM. NaƟonal AccessAbility Week, from May 26 to June 1, 2024, is an opportunity to celebrate the contribu Ɵons of Canadians with disabiliƟes and foster a more inclusive society. Red Shirt DayTM on May 29, 2024, encourages solidarity by wearing red, symbolizing support for those with disabiliƟes. Your involvement in these events can inspire your community to create a more accessible and equitable world. To parƟcipate in NaƟonal AccessAbility Week and Red Shirt DayTM, you can:  Declare May 26 to June 1, 2024 as NaƟonal AccessAbility Week and share the declaraƟon on your websites, newsleƩers, and social media feeds. Don’t forget to tag @EasterSealsON.  Recognize May 29, 2024, as the Red Shirt DayTM of AcƟon for Accessibility and Inclusion and encourage all staff to wear a red shirt, make a pledge toward greater accessibility, and post to social media. You can use hashtags #RedShirtDay and #RedForAccessAbility and tag @EasterSealsON.  Engage your staff, community, and local disability and advocacy groups to determine how you can contribute to supporƟng efforts to create greater accessibility and inclusion for Canadians living with disabiliƟes. We would like to help you parƟcipate in Red Shirt DayTM by sending you an official Easter Seals Ontario branded red shirt to wear on May 29, 2024. I spoke with Mike Strange and he informed me you that you will have your city council meeƟng on May 28. Mike informed me of the size of each T-shirt and I would be happy to drop them off to you at your earliest convenience. Kindly, let me know where you would like them dropped off. I look forward to working together to foster a more inclusive society where every individual has the opportunity to thrive. You can learn more in the aƩached leƩer from Kevin Collins, the President and CEO of Easter Seals Ontario, and by visiƟng RedShirtDay.org. Page 415 of 484 3 Joey Wilson (she/her) Fundraising Specialist Easter Seals Ontario 4104 Fairview St Suite 5 PO Box 209 Burlington ON, L7L 4Y8 Telephone: 905.746.1869 www.easterseals.org Charitable RegistraƟon #119068377 RR0001 CONFIDENTIALITY NOTICE: This email and any attachments are confidential, may be privileged, and are intended only for the authorized recipients of the sender. The recipient is not permitted to publish, copy, disclose, or transmit the contents of this email and its attachments unless expressly authorized in writing by the sender or document author. If you have received this email in error, please notify the sender immediately by reply email and delete this message and its attachments from your system, if applicable. Page 416 of 484 City of Niagara Falls – Municipal Proclamation National Public Works Week, May 19 – 25, 2024 “Advancing Quality of Life For All” WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well- being of the people of Ontario; and, WHEREAS, these infrastructure, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and, WHEREAS, it is in the public interest for the citizens, civic leaders and children in Ontario to gain knowledge of and maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and, WHEREAS, the year 2024 marks the 64th annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association be it now, RESOLVED, We, the Mayor and Council of Niagara Falls do hereby designate the week May 19 – 25, 2024 as National Public Works Week; I urge all citizens to join with representatives of the Canadian Public Works Association and government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they make to protecting our national health, safety, and advancing quality of life for all. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Municipality of the City of Niagara Falls to be affixed, DONE at the City of Niagara Falls, Ontario this 30th day of April 2024 ____________________ Mayor James M. Diodati Page 417 of 484 National Public Works Week May 19–25, 2024 “Advancing Quality of Life For All” Provincial/Territorial Proclamation (SAMPLE) WHEREAS, public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life, and well-being of the people of [insert Province/Territory]; and, WHEREAS, these infrastructure, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and, WHEREAS, it is in the public interest for the citizens, civic leaders, and children in [Insert Province/Territory] to gain knowledge of and maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and, WHEREAS, the year 2024 marks the 64th annual National Public Works Week sponsored by the American Public Works Association be it now, RESOLVED, I, [Insert Full Name], [Insert Premier -or- other title] of [Insert Province/Territory], do hereby designate the week of May 19–25, 2024, as National Public Works Week. I urge all citizens to join with representatives of the American Public Works Association/Canadian Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and advancing quality of life for all. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of [Insert Province/Territory] (to be affixed), DONE at the [City/Town/Rural Municipality] of [Insert City/Town/Rural Municipality], [Insert Province/Territory] this ________ day of ________ 2024. [Insert Full Name of Premier] [SEAL] Page 418 of 484 RE: 2023 Auditor General Report on Public Health Ontario Recommending Gradual Discontinuation of Free Private Drinking Water Testing Page 1 of 3 April 10, 2024 Hon. Sylvia Jones, Ontario Minister of Health Hon. Andrea Khanjin, Ontario Minister of the Environment, Conservation and Parks Hon. Lisa M. Thompson, Ontario Minister of Agriculture, Food and Rural Affairs Via email: Sylvia.Jones@pc.ola.org Andrea.Khanjin@pc.ola.org Lisa.Thompson@pc.ola.org RE: 2023 Auditor General Report on Public Heath Ontario Recommending Gradual Discontinuation of Free Private Drinking Water Testing Dear Ministers, At the most recent Niagara Peninsula Source Protection Committee (SPC) meeting held on March 26, 2024, The Source Protection Committee (SPC) discussed the Ontario Auditor General’s Value-for-Money Audit of Public Health Ontario released in December 2023. Recommendation 5 within the report states that Public Health Ontario (PHO), in conjunction with the Ministry of Health, update and implement a plan within 12 months to streamline public health laboratory operations: https://www.auditor.on.ca/en/content/annualreports/arreports/en23/AR_publichealth_en 23.pdf As part of the recommendation, there is the suggestion in the report that the free private drinking water testing program that is provided by PHO be gradually discontinued. The discontinuation of this free program is of concern to the Niagara Peninsula SPC because it removes a free service available to those that don’t benefit from legislated drinking water protections. The program provides valuable drinking water quality data to both researchers and the public. Discontinuation of the program would further disincentivize the testing of private drinking water systems, resulting in increased barriers to gathering valuable water quality data. The SPC passed the following motions at the meeting held on March 26, 2024: Page 419 of 484 RE: 2023 Auditor General Report on Public Health Ontario Recommending Gradual Discontinuation of Free Private Drinking Water Testing Page 2 of 3 That the Source Protection Committee (SPC) DIRECT staff to draft correspondence requesting the Province not to proceed with the recommended phase out of the free drinking water testing program in Ontario; And that the SPC circulate a copy of the correspondence to the Ontario Minster of Health, the Ontario Minister of the Environment, Conservation and Parks, the Ontario Minister of Agriculture, Food and Rural Affairs, and forward the letter to Niagara Region and all twelve of Niagara’s lower-tier municipalities, the City of Hamilton, and Haldimand County. The mandate of the SPC is to act as an independent multi-stakeholder committee with the goal of protecting our existing and future sources of drinking water. Despite private drinking water systems not being a part of that mandate, the SPC acts as stakeholders and professionals with a vested interest in the overall protection of all our drinking water sources. The PHO free private drinking water testing program has been a valuable resource to those that do not benefit from the protections and safeguards offered by the Clean Water Act, 2006 and the Safe Drinking Water Act, 2002, in particular those in rural Ontario. The Province of Ontario, local municipalities and industry professionals have always recommended that that owners of private drinking water systems utilize the free drinking water testing program as a starting point. Further to the obvious benefit the program provides, the data collected from the program has been valuable to researchers as well. Researchers have identified multiple areas across Southern Ontario that have statistically significant instances of bacterial contamination in private drinking water samples, including the Niagara Peninsula. While there are likely several factors contributing to Niagara’s high instances of bacterial contamination in private drinking water samples including, improperly constructed/spaced private water supply wells, and improperly designed and/or compromised septic systems to name a few, this revelation was only made available using the data collected from the free drinking water testing program offered by PHO. Lastly, the removal of the free testing program will further disincentivize the testing of private drinking water and introduce barriers to those that rely on the program to determine the quality of their water supply. The Province of Ontario recommends testing private drinking water systems frequently to ensure the water is suitable for potable use and points to the free testing program provided by PHO. While private drinking water wells typically dominate the discussion when it comes to private drinking water quality, Page 420 of 484 RE: 2023 Auditor General Report on Public Health Ontario Recommending Gradual Discontinuation of Free Private Drinking Water Testing Page 3 of 3 cistern users also utilized the PHO free testing program. By discontinuing the program, private drinking water users would have to pay for private drinking water testing services to obtain any information about their water quality. This unfortunately disincentivizes testing as well as introduces financial barriers to those struggling with the increasing costs of living. If users begin to test their drinking water infrequently or not at all, this will likely result in increased incidents of water-borne illnesses. In summary, the Niagara Peninsula SPC is concerned that the discontinuation of the free drinking water testing program provided by PHO will ultimately have a negative impact on the residents that rely on it in Ontario. While efficiency may be gained by reducing the number of laboratories, another method of submitting private drinking water samples to remaining laboratories should be considered. For example, facilities that already send samples to provincial laboratories (hospitals, public health units) could be considered as drop-off points for private water samples thus making use of centrally coordinated courier services. The Niagara Peninsula SPC, through this letter, would respectfully request that those responsible for making these decisions reconsider the discontinuation of the very important private drinking water testing program provided by Public Health Ontario. Thank you for your time and consideration of this request. Sincerely, Bill Hodgson Chair Niagara Peninsula Source Protection Committee CC: Niagara Region City of Hamilton Haldimand County Municipalities of Grimsby, Lincoln, St. Catharines, Niagara-on-the-Lake, West Lincoln, Pelham, Thorold, Welland, Niagara Falls, Wainfleet, Port Colborne and Fort Erie Page 421 of 484 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 6-2024, March 6, 2024 DISTRIBUTION LIST SENT ELECTRONICALLY Development Applications Monitoring Report- 2023 Year End PDS 6-2024 Regional Council, at its meeting held on March 21, 2024, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 6-2024, dated March 6, 2024, respecting Development Applications Monitoring Report- 2023 Year End, BE RECEIVED and BE CIRCULATED to Local Area Municipalities, Niagara Peninsula Conservation Authority, Niagara Home Builders Association, Niagara Industrial Association, Local Chambers of Commerce, and School Boards. A copy of PDS 6-2024 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2024-024 Page 422 of 484 Page 2 cc: K. Young, Senior Development 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 Niagara Peninsula Conservation Authority Niagara Home Builders Association Niagara Industrial Association Local Chambers of Commerce School Boards Page 423 of 484 PDS 6-2024 March 6, 2024 Page 1 Subject: Development Applications Monitoring Report – 2023 Year End Report to: Planning and Economic Development Committee Report date: Wednesday, March 6, 2024 Recommendations 1.That Report PDS 6-2024 BE RECEIVED for information; and 2.That a copy of Report PDS 6-2024 BE CIRCULATED to Local Area Municipalities, Niagara Peninsula Conservation Authority, Niagara Home Builders Association, Niagara Industrial Association, local Chambers of Commerce, and School Boards. Key Facts •The purpose of this report is to inform Regional Council of the 2023 volume of development application activity reviewed by Niagara Region. •Growth Strategy and Economic Development staff reviewed 794 development applications in 2023 (a slight decrease from 2022 application volumes of 829). •Growth Strategy and Economic Development staff provided comments for 654 pre- consultation meetings in 2023 (a decrease from 863 pre-consultation meetings in 2022). Financial Considerations There are no direct financial implications associated with this report. Analysis Development Applications Growth Strategy and Economic Development (GSED) staff reviewed 794 development applications in 2023, which is approximately a 4% decrease to volumes in 2022 (829). Figure 1 illustrates the number of applications considered by GSED staff from 2013 to 2023. The two highest application volumes were experienced in 2021 and 2022. Page 424 of 484 PDS 6-2024 March 6, 2024 Page 2 Development applications were circulated to the Region based on Provincial legislation requirements, including the Niagara Escarpment Commission legislation, and the existing 2019 Memorandum of Understanding (MOU) between the Region and the Local Area Municipalities for planning in Niagara. GSED staff can waive its review of certain types of minor development applications when it has been determined that the application has no Provincial or Regional interest. This represents an effort to increase efficiency in the planning review function in Niagara under the MOU. Figure 2 provides a breakdown of development applications, by type, reviewed by GSED staff in 2023. Some complex development proposals often require multiple planning approvals. As an example, subdivision and condominium applications may also require amendments to the local Official Plan and/or Zoning By-law to facilitate the development. The categories with the most applications reviewed by GSED staff in 2023 were Zoning By-law Amendments (127), Minor Variances (118), followed closely by Consents (117), and Site Plans (98). Page 425 of 484 PDS 6-2024 March 6, 2024 Page 3 The distribution of applications circulated to the Region, by municipality, during 2023 is shown in Figure 3. Municipalities with the highest volume of applications were Fort Erie (216), Lincoln (139), Niagara Falls (134), and Niagara-on-the-Lake (118). Most municipalities, except for Fort Erie, Welland, and West Lincoln, experienced a decrease in applications considered between 2022 and 2023. The decline in application volumes is attributed to the effect of increased interest rates, which impacts the overall cost of development and has limited the ability of some landowners to proceed with an application. Regional staff was also involved in reviewing several complex development applications in 2023, as highlighted in Appendix 1 of this report. This includes quarry applications in Port Colborne, Niagara Falls, and Wainfleet; the South Niagara Falls Hospital; and, several large subdivision files. This often requires a more extensive review process and can be influenced by a broad range of issues (i.e., environmental impacts, traffic impacts, urban design considerations, etc.). For several of these applications, Regional staff also assisted with urban design review, at the request of local municipal staff, as well as preparing design alternatives and contributing to discussions with developers. Page 426 of 484 PDS 6-2024 March 6, 2024 Page 4 Pre-consultation Meetings GSED staff attend regular pre-consultation meetings bi-weekly with each local municipality and applicants on potential development proposals. These meetings are to determine complete application submission requirements and assist in the processing of applications. The virtual meeting format began in April 2020 as a result of the pandemic and has continued for most municipalities throughout 2023. Three local municipalities have implemented a hybrid model where attendees can choose to attend the meeting in-person or virtually. The use of hybrid and virtual pre-consultation meetings has been well received by development proponents and their consultants as it provides efficiency and time savings, such as the ability to attend “back-to-back” pre-consultation meetings in different municipalities without the need to travel. Figure 4 illustrates the number of pre-consultation meetings attended by GSED staff from 2013 to 2023. In 2023, Regional staff attended 654 pre-consultation meetings, which is a 24% decrease from the 2022 total (863). The number of pre-consultation meetings is generally an indicator of anticipated future development application volumes; however, decisions by developers to proceed with a submission of an application is dependant on several variables, including interest rates. Page 427 of 484 PDS 6-2024 March 6, 2024 Page 5 Figure 5 illustrates the number of pre-consultation meetings by municipality in 2023 that were attended by Regional staff. The municipalities with the highest levels of pre- consultation activity were Niagara Falls (113), Fort Erie (104), Welland (91), St. Catharines (75), and Thorold (51). Page 428 of 484 PDS 6-2024 March 6, 2024 Page 6 Regional Review Fees Regional review fees are intended to offset Regional costs for the development review service on a cost recovery basis. Figure 6 summaries the fees collected between 2013 and 2023 for the Regional review of development applications. The 2023 total of $1,949,835 represents a 23% increase from 2022. Page 429 of 484 PDS 6-2024 March 6, 2024 Page 7 While the development and pre-consultation volumes have decreased from 2022, the increase in fees can be attributed to an increase in development applications with higher fees (Official Plan Amendments, Zoning By-law Amendments, Draft Plan of Condominiums and Subdivisions) received in 2023 compared to the previous year. Furthermore, in March 2023, the Region’s new pre-consultation review fee started, which was approved by Council in the 2023 fees and charges by-law. This review fee is collected for all pre-consultation meetings (excludes Minor Variance and Consent applications). 2024 Outlook Throughout 2023, Provincial legislative changes continued and will factor into the uncertainty of development activity in 2024. Bill 109 More Homes for Everyone Act, 2022 mandates the refund of application fees for certain planning applications (Zoning By-law Amendments, Draft Plan of Subdivision, and Site Plans) if decisions are not made within prescribed timelines. This provision took effect July 1, 2023, and Regional staff have been working closely with local area municipalities to ensure planning processes are adjusted to meet legislative timelines so development proceeds at an efficient pace. On November 28, 2022, Bill 23, More Homes, Built Faster Act, 2022 was given Royal Assent, however, not all changes came into force immediately. Provisions which identify Niagara Region as an upper-tier municipality without planning responsibilities are not yet in effect. These changes only come into force by proclamation of the Page 430 of 484 PDS 6-2024 March 6, 2024 Page 8 Lieutenant Governor and the timing is currently unknown. Until proclamation occurs, and any prescribed transition period is known, GSED staff maintains current operating review of development application in alignment with our existing MOU and legislative requirements of the Planning Act. Staff and local area municipalities continue to work towards planning review process improvements, transition discussions, and discussing opportunities for planning service agreements post proclamation. In Q1 of 2024, the Region will be launching an update to CityView, which will replace the existing development tracking system. CityView is currently utilized within the Niagara Region Public Works Department, several of the local area municipalities, and the Niagara Peninsula Conservation Authority. This update will include CityView’s Permitting Licensing and Land (for tracking and management of development applications), CityView Portal (public facing module for application intake and real-time status tracking), BlueBeam Review software (for review and markup of digital drawing submissions), and an online payment processing module. Overall, CityView is expected to improve the development approval process through increased efficiency, effectiveness, and predictability. The new tracking system will also improve the Regions ability to track and monitor our existing housing supply. Alternatives Reviewed No alternatives have been reviewed as this report summarizes pre-consultation and development level activity for 2023 for information purposes. Relationship to Council Strategic Priorities This report provides information on development application activity that contributes to strong economic prosperity through the communities within the region. This relates to Council’s Strategic Priority of Effective Region and Green and Resilient Region through ensuring high quality, efficient, and coordinated core services. Other Pertinent Reports • PDS 24-2021: Development Applications Monitoring Report – 2020 Year End • PDS 4-2022: Development Applications Monitoring Report – 2021 Year End • PDS 9-2023: Development Applications Monitoring Report – 2022 Year End Page 431 of 484 PDS 6-2024 March 6, 2024 Page 9 ________________________________ Prepared by: Katie Young, MCIP, RPP Senior Development Planner Growth Strategy and Economic Development _______________________________ Recommended by: Michelle Sergi, MCIP, RPP Commissioner Growth Strategy and Economic Development ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Pat Busnello, MCIP, RPP, Manager, Development Planning and reviewed by Diana Morreale, MCIP, RPP, Director of Growth Management and Planning. Appendices Appendix 1 Current Major Development Applications Page 432 of 484 Appendix 1 of PDS 6-2024 March 6, 2024 Appendix 1: Current Major Development Applications Growth Strategy and Economic Development Staff participated in the review of several major development applications in 2023. A summary for some of the major development applications reviewed are provided in the table below. Municipality Application Developer Details Status Fort Erie Crescent Acres (0-10747 Kraft Road) Type: Zoning By-law Amendment and Draft Plan of Subdivision Crescent Acres Ltd. Applications to facilitate the development of 220 residential units consisting of 67 single- detached dwellings, 8 semi- detached dwellings, 145 townhouse dwellings, a development block for a watercourse, road, and stormwater management facility. • Regional staff provided comments on January 27, 2023. • Town Council approved the application on May 29, 2023, with the Notice of passing circulated June 8, 2023 Fort Erie 1211, 1225, and 1237 Pettit Road Type: Local Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision Marina (Petit Road) Development Inc. Applications to facilitate five single-detached dwellings, eight semi-detached dwelling units, 17 blocks for 87 townhouse units, and a stormwater management pond. • Applications circulated August 22, 2023, and re- circulated September 20, 2023. • 1st submission Regional comments provided September 28, 2023, with 2nd submission Regional comments provided January 4, 2024. Page 433 of 484 Appendix 1 of PDS 6-2024 March 6, 2024 Municipality Application Developer Details Status Grimsby 9 Windward Drive Type: Local Official Plan Amendment and Zoning By-law Amendment 2723492 Ontario Limited Application to facilitate the development of a 10-storey mixed-use building with a total of 121 residential units and 1,926m2 of employment floor space. • Applications circulated on January 18, 2023. • Regional comments provided February 13, 2023. • Public Meeting held February 27, 2023. Grimsby 165 Lake Street Type: Zoning By-law Amendment and Draft Plan of Subdivision Mary Ann McRae, Malcolm and Barbara McRae Application to facilitate the development of 31 residential dwellings consisting of 24 semi- detached dwelling units and seven single-detached dwellings, and an amenity clubhouse. • Applications circulated on November 9, 2023. • Regional comments provided on November 28, 2023. • Public meeting held on December 11, 2023 Lincoln Prudhommes Landing Type: Draft Plan of Subdivision, Site Plan Prudhommes General Partner Inc. Applications to facilitate the development of approximately 2,090 residential units in a range of low, medium and high density, as well as mixed-use, housing forms, and employment, commercial, natural environment, park and open space uses. • Development was subject to previous Official Plan and Zoning By-law Amendment applications, which have been approved. • Regional comments on the Site Plan for Page 434 of 484 Appendix 1 of PDS 6-2024 March 6, 2024 Municipality Application Developer Details Status Phase 1 (commercial block) were provided on September 29, 2022, December 12, 2022, April 12, 2023 and August 21, 2023. Niagara Falls Grand Niagara Subdivision (8218, 8228, 8547 Grassy Brook Road) Type: Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision Empire (Grand Niagara) Project GP Inc. Application to facilitate the development of approximately 3,558 – 5,387 residential units, 2 school blocks, mixed-use commercial areas, hospital employment blocks, a potential hospice and/or acute care site, and a park and trail system. • The Application was circulated on March 27, 2023. • Regional staff provided comments on May 2, 2023. • City Council approved the application on May 30, 2023. Niagara Falls Portage Road Towers (Part of Lot 175, Portage Road) Type: Official Plan Amendment, Zoning By-law Amendment Rudanco Inc. Application to facilitate the development of two residential towers: one 29-storey building and one 38-storey building atop a two-three storey connecting podium, 830 residential units, and parking above and below grade. • The Application was circulated on October 5, 2022. 1st submission Regional comments were provided on December 7, 2022 and 2nd submission comments were provided on January 22, 2024. Page 435 of 484 Appendix 1 of PDS 6-2024 March 6, 2024 Municipality Application Developer Details Status Niagara Falls South Niagara Hospital (9889 Montrose Road) Type: Site Plan Niagara Health Application to facilitate the development of a 12-storey, 122,832 m2 hospital. • The Application was circulated on April 26, 2023. • Regional staff provided comments most recently on July 5, 2023. • The City circulated a registered site plan agreement on October 16, 2023. Niagara Falls Proposed Uppers Quarry Type: Regional Official Plan Amendment, Local Official Plan Amendment, Zoning By-law Amendment Aggregate Resource Act (ARA) Licence Walker Aggregates Inc. Application to develop a new quarry with associated processing and recycling of aggregate material, including asphalt and concrete, and a concrete or asphalt mixing plant on the lands. Joint Agency Review Team (JART) has been established with City and NPCA staff to coordinate the review of the applications and share resources. Aggregate advisor and peer reviewers retained by the Region on behalf of JART. • Review of application is ongoing. • ARA Public Information Centre (hosted by applicant) March 1, 2023 • Statutory Public Meeting for Regional Official Plan Amendment on October 11, 2023 Niagara-on- the-Lake Queenston Quarry Redevelopment Queenston Quarry Applications to facilitate the development of 829 residential units (consisting of street townhomes, a manor house, and • Regional comments regarding the NEC Development Permit application were Page 436 of 484 Appendix 1 of PDS 6-2024 March 6, 2024 Municipality Application Developer Details Status (5523 Niagara Townline Road) Type: Niagara Escarpment Commission (NEC) Development Permit Reclamation Company condominium units), and a hotel, on a portion of a former quarry site located within the urban area boundary. Future Local Official Plan Amendment, Draft Plan of Subdivision and/or Plan of Condominium applications will also be required to permit the proposed development. provided on October 23, 2023. Niagara-on- the-Lake 253 Taylor Road (White Oaks) Type: Local Official Plan Amendment, Zoning By-law Amendment White Oaks Tennis World Inc. Applications to facilitate the development of four high-rise residential and mixed-use towers on the southern portion of the property, adjacent to Glendale Avenue. Approximately 810 residential units and an additional 1,515 square metres of ground floor commercial/retail space are proposed as part of the development. • Regional comments on 1st submission were provided on September 27, 2023. Niagara-on- the-Lake Lands north of York Road, east of Airport Road Type: Local Official Plan Amendment, Bob Mavridis Applications to facilitate the development of one mixed-use building (10-storey residential section, 8-storey hotel section) containing 216 residential units, 154 hotel rooms and 1,400 square metres of ground floor • Regional comments on 1st submission were provided on October 26, 2023. Page 437 of 484 Appendix 1 of PDS 6-2024 March 6, 2024 Municipality Application Developer Details Status Zoning By-law Amendment commercial space; two 3-storey hotel buildings containing 11 hotel suites, and a 1-storey drive-thru establishment. Pelham 105 Welland Road Type: Zoning By-law Amendment, Site Plan The Board of Concordia Lutheran Church Application for the construction of a 6-storey apartment building containing 48 units. • The Zoning By-law Amendment was approved on June 5, 2023 • Regional comments were provided on the 1st submission of the Site Plan application on November 27, 2023 and the 2nd submission on December 29, 2023 Port Colborne 563 Killaly Street West Type: Zoning By-law Amendment and Draft Plan of Subdivision SG Real Estate Opportunities III LP Application to facilitate the development of 286 residential dwelling units, consisting of 108 block townhouses, 30 street townhouses, 10 semi-detached dwellings, and 138 stacked townhouse units. • Regional staff received circulation of the application on September 7, 2023. • A public meeting was held by the City on October 3, 2023. • Regional staff provided comments on October 6, 2023. Port Colborne Westwood Estates Phase 3 (south of City of Port Colborne Application to facilitate the development of 315 dwelling units • Regional staff circulated the Page 438 of 484 Appendix 1 of PDS 6-2024 March 6, 2024 Municipality Application Developer Details Status Stanley Street, east of Cement Road, Part Lot 33, Concession 1) Type: Local Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision and 195 lot/blocks, consisting of 167 single-detached dwellings, 52 street townhouse dwellings, and 96 apartment units. application on March 15, 2023. • A public meeting was held by the City on April 4, 2023. • Regional comments provided April 11, 2023. Port Colborne Port Colborne Quarries – Proposed Pit 3 Expansion Type: Regional Official Plan Amendment (ROPA), Local Official Plan Amendment (OPA), Zoning By-law Amendment (ZBA) Aggregate Resource Act (ARA) Licence Port Colborne Quarries Inc. Application to permit an eastward expansion of the existing Port Colborne Quarry operation located south of Second Concession Road, and west of Miller Road. Joint Agency Review Team (JART) has been established with City and NPCA staff to coordinate the review of the applications and share resources. Aggregate advisor and peer reviewers retained by the Region on behalf of JART. • Statuary Public Meeting held by the City of Port Colborne for Local OPA and ZBA March 7, 2023 • Statuary Public Meeting held by Niagara Region for ROPA on March 8, 2023 • City Staff Recommendation Report on November 14, 2023. LOPA adopted and ZBA approved. • Regional Staff Recommendation on ROPA and LOPA to PEDC on January Page 439 of 484 Appendix 1 of PDS 6-2024 March 6, 2024 Municipality Application Developer Details Status 10, 2024 and approved by Council on January 25, 2024. • ZBA has been appealed to OLT. St. Catharines 142 Queenston Street Type: Local Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision 2807823 Ontario Inc. Application for the construction of four 11- to 16-storey mixed-use buildings and 40 townhouse units. • Regional comments were provided on February 22, 2023 • A public meeting was held on April 6, 2023. St. Catharines 1956 Third Street Louth Type: Zoning By-law Amendment and Site Plan Extendicare Canada Inc. Application to facilitate the development of a 4-storey, 256 bed long-term care home facility with associated parking. • Regional comments on Zoning By-law Amendment provided February 9, 2023. • City Council approved the Zoning By-law Amendment on March 6, 2023. • Regional comments on Site Plan provided most recently June 19, 2023 Thorold 1511 Kottmeier Road 2524964 Ontario Inc. Applications to facilitate the development of detached, street • Applications provided on August 21, 2023. Page 440 of 484 Appendix 1 of PDS 6-2024 March 6, 2024 Municipality Application Developer Details Status Type: Zoning By-law Amendment and Draft Plan of Subdivision townhouses, and rear lane townhouses a minimum of 60 units to a maximum of 100 units depending on final lotting layout. • Regional comments provided on September 11, 2023. • Public Meeting held September 12, 2023 Thorold Barron Heights Subdivision (North of Barron Road and Gainer Street) Type: Zoning By-law Amendment and Draft Plan of Subdivision Cola Holdings Applications to facilitate the development 86 residential units, including 12 single-detached dwellings, 10 semi-detached dwelling units and 64 street townhouse dwellings. • Applications circulated on December 11, 2023 • Regional comments provided on January 17, 2024. • Public meeting held February 6, 2024. Wainfleet Law Quarry Expansion Type: Regional Official Plan Amendment, Local Official Plan Amendment, Zoning By-law Amendment Aggregate Resource Act (ARA) Licence Waterford Sand & Gravel Ltd. Application for the expansion of the existing law Crush Stone Quarry located north of Highway 3 between Graybiel Road and Biederman Road in the Town of Wainfleet. Joint Agency Review Team (JART) has been established with Township and NPCA staff to coordinate the review of the applications and share resources. Aggregate advisor and peer reviewers retained by the Region on behalf of JART • Review of the application is ongoing. • Statutory Public Meeting for the Regional Official Plan Amendment held February 7, 2024 Page 441 of 484 Appendix 1 of PDS 6-2024 March 6, 2024 Municipality Application Developer Details Status Welland Warbler Place - 206 Lancaster Drive (formerly 800 Niagara Street) Type: Consent, Local Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Condominium, Site Plan Idrakoth Ltd. Applications to facilitate the redevelopment of the north-east portion of the Seaway mall with 1,300 units, which includes a mix of apartment buildings (mid- to high-rise), townhouses, and accessory dwelling units with a height range of 2 - 30 storeys. • Official Plan Amendment and Zoning By-law Amendment applications passed by City of Welland Council on October 19, 2021. • City of Welland Council approved the Draft Plan of Condominium on September 20, 2022 with conditions. Welland 1030 Niagara Street Type: Site Plan and Draft Plan of Condominium Ambria GP Limited Applications to facilitate the development of 244 residential condominium townhouse units with 14 townhouse blocks ranging in height from 3 – 3 ½ storeys. • Regional comments on the Site Plan application provided to the City on August 22, 2022. • 2nd Site Plan submission comments provided to the City on January 27, 2023. • Draft Plan of Condominium application forthcoming. Page 442 of 484 April 23, 2024 The Honourable Doug Ford Premier of Ontario Legislative Building 1 Queen’s Park Toronto, ON M7A 1A1 Sent via email: premier@ontario.ca Re: Provincial Regulations Needed to Restrict Keeping of Non-native ("exotic") Wild Animals Our File 35.11.2 Dear Premier Ford, At its meeting held on April 8, 2024, St. Catharines City Council approved the following motion: WHEREAS Ontario has more private non-native (“exotic”) wild animal keepers, roadside zoos, mobile zoos, wildlife exhibits and other captive wildlife operations than any other province; and WHEREAS the Province of Ontario has of yet not developed regulations to prohibit or restrict animal possession, breeding, or use of non-native (“exotic”) wild animals in captivity; and WHEREAS non-native (“exotic”) wild animals can pose very serious human health and safety risks, and attacks causing human injury and death have occurred in the province; and WHEREAS the keeping of non-native (“exotic”) wild animals can cause poor animal welfare and suffering, and poses risks to local environments and wildlife; and WHEREAS owners of non-native (“exotic”) wild animals can move from one community to another even after their operations have been shut down due to animal welfare or public health and safety concerns; and WHEREAS municipalities have struggled, often for months or years, to deal with non-native (“exotic”) wild animal issues and have experienced substantive regulatory, administrative, enforcement and financial challenges; and Page 443 of 484 WHEREAS the Association of Municipalities of Ontario (AMO), the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) and the Municipal Law Enforcement Officers' Association (MLEOA) have indicated their support for World Animal Protection’s campaign for provincial regulations of non- native (“exotic”) wild animals and roadside zoos in letters to the Ontario Solicitor General and Ontario Minister for Natural Resources and Forestry; THEREFORE BE IT RESOLVED that the City of St. Catharines hereby petitions the provincial government to implement provincial regulations to restrict the possession, breeding, and use of non-native (“exotic”) wild animals and license zoos in order to guarantee the fair and consistent application of p olicy throughout Ontario for the safety of Ontario’s citizens and the non-native (“exotic”) wild animal population; and BE IT FURTHER RESOLVED that this resolution will be forwarded to all municipalities in Ontario for support, the Premier of Ontario, Ontario Solicitor General, Ontario Minister for Natural Resources and Forestry, MPP Jennie Stevens, MPP Sam Oosterhoff, MPP Jeff Burch, AMO, AMCTO, and MLEAO. If you have any questions, please contact the Office of the City Clerk at extension 1524. Kristen Sullivan, City Clerk Legal and Clerks Services, Office of the City Clerk :av cc: The Honourable Michael S. Kerzner, Solicitor General The Honourable Graydon Smith, Minister of Natural Resources and Forestry Local MPPs Association of Municipalities of Ontario (AMO) Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO) Municipal Law Enforcement Officers’ Association of Ontario (MLEAO) All Municipalities of Ontario Page 444 of 484 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 April 25, 2024 The Honourable Doug Ford, M.P.P. Premier of Ontario Via Email: premier@ontario.ca Dear Premier Ford: Re: CAO-002-24 - The Perfect Storm - Impact of Provincial Changes on our Community File Number: PG.25.06 At a meeting held on April 22, 2024, the Council of the Municipality of Clarington approved the following Resolution #GG-067-24: That Report CAO-002-24, and any related delegations or communication items, be received; That Council request the Province stop using CMHC data to validate housing starts, but as a starting point, and allow Municipalities to identify any inconsistencies with tangible evidence prior to making a funding decision; That Fiscal Impact Assessments be undertaken for all Secondary Plans (inclusive of those completed) to understand the full impact of the legislative changes on each, in particular parkland and DC revenues, and report back to Council prior to any further approvals (inclusive of development application approvals); That a communications campaign be undertaken to explain the impact of the changes that are beyond our control, and how they will impact our community – both now and into the future; That this report be forwarded to all Ontario municipalities with housing targets, the Province of Ontario, and the Members of Provincial Parliament representing Clarington; and Page 445 of 484 CAO-002-24 April 25, 2024 Page 2 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net That all interested parties listed in Report CAO-002-24, and any delegations be advised of Council’s decision. Yours truly, _________________________ John Paul Newman Deputy Clerk JPN/lh c: The Honourable Paul Calandra, M.P.P., Minister of Municipal Affairs and Housing - minister.mah@ontario.ca The Honourable Philip Lawrence, P.C., M.P., Northumberland—Peterborough South - Philip.Lawrence@parl.gc.ca The Honourable Jamil Jivani, P.C., M.P., Durham – Jamil.jivani@parl.gc.ca The Honourable Todd McCarthy, M.P.P., Durham - Todd.McCarthy@pc.ola.org The Honourable David Piccini, M.P.P., Northumberland-Peterborough South - david.piccini@pc.ola.org All Ontario Municipalities with housing targets M. Dempster, Chief Administrative Officer C. Salazar, Deputy CAO, Planning and Infrastructure H. Anderson C. MacDonald J. O’Meara Page 446 of 484 Growing Better Together April 25, 2024 RE: Niagara Region Waste Management Strategic Plan Upcoming Engagement Opportunities Niagara Region is developing a Waste Management Strategic Plan (the Plan) that will set the framework for how waste will be managed in Niagara over the next 25 years. Terms of Reference for the Plan was endorsed by Council in 2020 and will set the framework for ensuring that the waste management system continues meeting its needs in the short and long term. Aiming to reflect the importance of cost-effective and accessible waste management services, it will prioritize recycling materials back into the economy to maximize landfill space. The project timeline is divided into three phases comprised of a series of research and public engagement activities. Engagement Opportunities We are currently in Phase One of the Plan development, with initial public engagement starting May 6, 2024, through surveys and virtual open houses. Phase One involves assessing our current system and developing the vision, goals and guiding principles. We encourage you and other Municipal Staff to participate in this phase of the engagement process by completing the survey between May 6 – 31, and participating in the upcoming virtual open house led by our Consultants from GHD: • May 22, 2024, from 11:00 a.m. - 12:00 p.m. Please visit niagararegion.ca/future-of-waste for more information on the Plan, to register for one of the open houses, and to take the survey. Further engagement opportunities for municipal staff and the public will occur in July or August of 2024. We would be be very appreciative if you could share the above public engagement opportunities with other staff in your organization. We look forward to your insights into waste management in Niagara as we plan for the next 25 years. Page 447 of 484 Growing Better Together Sincerely, Catherine Habermebl (she/her) Director, Waste Management Services Public Works, Niagara Region Phone: 905.980.6000, ext. 3204 Email: catherine.habermebl@niagararegion.ca Niagara Region is situated on treaty land. This land is steeped in the rich history of the First Nations such as the Hatiwendaronk, the Haudenosaunee, and the Anishinaabe, including the Mississaugas of the Credit First Nation. There are many First Nations, Métis, and Inuit from across Turtle Island that live and work in Niagara today. The Regional Municipality of Niagara stands with all Indigenous peoples, past and present, in promoting the wise stewardship of the lands on which we live. Page 448 of 484 1 Heather Ruzylo To:Bill Matson Subject:RE: [EXTERNAL]-Ukrainian Family Festival on Saturday July 6, 12-8PM From: Niagarka Info < Sent: Wednesday, April 10, 2024 3:14 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Ukrainian Family Festival on Saturday July 6, 12-8PM Dear Mr. Matson, My name is Iryna Lohazyak, I’m the co-organizer of the Niagara Ukrainian Family Festival, which is set to take place on Saturday, July 6th, 2024, from 12:00 PM until 8:00 PM at St. Mary's Ukrainian Catholic Church. I would like to express our sincere gratitude for the support extended by the City of Niagara Falls Staff and Council during our inaugural event last year. Last year Councillor Mona Patel and Ruth Ann Nieuwesteeg honoured us with their attendance and we were able to host a successful festival that attracted close to 1000 attendees. As we prepare for our second year, we are excited to once again bring together our community to celebrate Ukrainian culture and heritage. However, in order to ensure the smooth running of the event, we are seeking your assistance in two key areas: Designation of Event as Municipal Significance: We kindly request that the City of Niagara Falls issue a letter designating the Niagara Ukrainian Family Festival as an event of municipal significance. This designation is crucial for us to obtain a Special Occasion Permit from the Alcohol and Gaming Commission of Ontario (AGCO), allowing us to serve alcoholic beverages at the festival. Support in Promotion and Attendance: We would like to extend an invitation to all City Council members and staff to attend the festival and participate in our celebration of Ukrainian culture. Furthermore, we kindly request your support in promoting the event through the City's social media channels and website. Your assistance in spreading the word will help us reach a wider audience and ensure the success of the festival. Page 449 of 484 2 The Niagara Ukrainian Family Festival holds special significance as it provides an opportunity to welcome newly arrived families from Ukraine, fostering a sense of belonging and community. Additionally, the festival serves as a fundraising initiative to cover the necessary costs for the event, including the provision of Ukrainian cuisine, entertainment, and activities for attendees of all ages. Attendees can look forward to indulging in the rich flavors of Ukrainian cuisine, enjoying lively entertainment performances, exploring a bustling marketplace, and participating in various activities such as bouncy castles for children. We are committed to creating a memorable experience for all attendees while promoting Ukrainian culture and supporting our community. In closing, we sincerely hope that the City of Niagara Falls will support our request for designation as an event of municipal significance and assist us in promoting the festival. Your support is invaluable to us, and we look forward to celebrating with you and the entire community on July 6th. Thank you for considering our request. Should you have any questions or require further information, please do not hesitate to contact me directly. Warm regards, Iryna Lohazyak Co-organizer Niagara Ukrainian Family Festival -- Дякуємо за звернення, якщо ми вам допомогли і вам не складно, то ставте вподобайку на нашій сторінці https://www.facebook.com/niagarka і напишіть відгук або коментар. Більше інформації про нас і нашу роботу за посиланнями: https://www.youtube.com/@Niagarka https://niagarka.com/ https://www.facebook.com/groups/niagaraukrainiancomunication Дякуємо 💙💛 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 450 of 484 Request for Exemption to the Noise Control By Law Patrick Treacy Chairman, Irish Music Niagara April 12th, 2024 To whom it concerns, Per article 7.1 of the Niagara Falls Noise Control By Law we (Irish Music Niagara) are writing to request an exemption to item 11 from schedule 3 of the by law, the playing of music after 9pm for two specific dates detailed below. We are holding our second annual Niagara Irish Festival at Firemen’s Park, 2275 Dorchester Road, Niagara Falls on Friday August 23rd and Saturday August 24th, 2024. The event received funding from the City of Niagara Falls in 2023 for our first ever event for which we are very grateful and for 2024 we have gathered support from various other sources. We are also fully supported in this venture by Stamford Center Volunteer Firefighters Association as we were in 2023. For the event we will have a host of local bands and musicians and dancers performing over the course of the two days. To accommodate the schedule for all the bands and performers we will require a by-law exemption to allow our live bands to play at Firemen’s Park until 11pm on both nights, the 23rd and 24th of August 2024. We hope that in support of this community event you can assist us in granting this exemption. If you have any questions or require additional information, please reach out to me by phone at 2890241-9075 or by e-mail at irishmusicniagara@gmail.com. Sincerely, Patrick Treacy, Chairman, Irish Music Niagara Page 451 of 484 CITY OF NIAGARA FALLS By-law No.2024-042 A by-law to amend By—IawNo.79—200,to permit the use of the lands for the development of 12 townhouse dwelling units in 4 blocks,and Accessory Dwelling Units.(AM—2023— 026). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by—Iawand shall be referred to in this by—Iawas the “Lands”.Schedule 1 is a part of this by—Iaw. 2.The purpose of this by—Iawis to amend the provisions of By-law No.79—200,to permit the use of the Lands in a manner that would othenNise be prohibited by this by—Iaw.In the case of any conflict between a specific provision of this by—lawand any existing provision of By—lawNo.79-200,the provisions of this by—laware to prevail. 3.Notwithstanding any provision of By—lawNo.79-200 to the contrary,the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4.The permitted uses shall be: (a)The uses permitted in the R4 zone (b)Accessory Dwelling Units in accordance with section 4.45 of By—lawNo. 79—200 5.The regulations governing the permitted uses shall be: (a)Minimum front yard depth 2.99 metres plus any applicable distance specified in Section 4.27.1 (b)Minimum rear yard depth 3 metres (0)Minimum interior side yard depth 2.9 metres interior side yard(e)Minimum privacy yard depthi)For townhouse dwelling units 2.99 metresabuttingDrummondRoadbetweenpoints A and B asshownonSchedule1Page 452 of 484 ii)For all other townhouse dwelling 6 metres units (f)The balance of the regulations specified for a R4 use. 6.All other applicable regulations set out in By—lawNo.79—200shall continue to apply to govern the permitted uses on the Lands,with all necessary changes in detail. 7.No person shall use the Lands for a use that is not a permitted use. 8.No person shall use the Lands in a manner that is contrary to the regulations. 9.The provisions of this by—lawshall be shown on Sheet C4 of Schedule “A"of By— law No.79—200by redesignating the Lands from R2 to R4 and numbered 1237. 10.Section 19 of By—lawNo.79-200 is amended by adding thereto: 19.1.1237 Refer to By-law No.2024-042 Read a First,Second and Third time;passed,signed,and sealed in open Council this 30th day of April 2024. WILLIAMG.MATSON,CITY CLERK JAMES M.DIODATI,MAYOR S:\ZONING\AMS\2023\AM—2023—026—Drummond Road,5558 (PID#350837)\Draft By-Iaw.docx Page 453 of 484 Z4 Niagarafnlls.SCHEDULE 1 TO BY-LAW NO.2024-042 Area Affected by this Amendment E Amending Zoning By-law No.79-200 Description:Part Township Lot 126 Stamford,Parts 2 and 3 Plan,59R17721;City of Niagara Falls Applicant:Blythwood Homes Niagara Inc.Assessment:272506000603703K:\GIS?RequesLs\2023\Schedule\Zonin9202laprx AM—2023-026 4/15/2024Page 454 of 484 CITY OF NIAGARA FALLS By-law No. 2024-043 A by-law to amend By-law No. 79-200, to permit the use of the Lands for 29 block townhouse dwellings and 84 back-to-back townhouse dwellings, subject to a 3 year sunset clause and to protect certain natural features (AM-2022-020). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The Lands shall be identified as two parcels, known as Parcel R5C-1240 and Parcel EPA. 3. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by this by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By- law No. 79-200, the provisions of this by-law are to prevail. 4. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 5. The permitted uses shall be: (a) For Parcel R5C-1240, (i) The uses permitted in a R5C zone (ii) Townhouse dwelling containing not more than 8 dwelling units (iii) Back-to-back townhouse dwelling (b) For Parcel EPA, the uses permitted in the EPA zone 6. The regulations governing the permitted uses in Parcel R5C-1240 shall be: (a) Minimum front yard depth 4.6 metres, plus any applicable distance specified in section 4.27.1 of By-law No. 79-200. (b) Minimum interior side yard width 4.7 metres (c) Maximum permitted lot coverage 35% (d) Number of apartment dwellings on one lot More than one (e) Minimum number of parking spaces 1.25 spaces per dwelling unit (f) Maximum building height 14.5 metres, or four storeys, whichever is less Page 455 of 484 2 7. The regulations governing the permitted uses on Parcel EPA shall be the regulations specified for an EPA use. 8. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 9. For the purposes of this by-law, a “back-to-back townhouse dwelling” means a building containing 4 but no more than 16 dwelling units divided by vertical common walls above grade with a common rear wall. 10. No person shall use the Lands for a use that is not a permitted use. 11. No person shall use the Lands in a manner that is contrary to the regulations. 12. The provisions of this by-law shall be shown on Sheet B6 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from LI to R5C and numbered 1240, in part, and to EPA, in part. 13. Should the owner of the Lands not execute a Site Plan Agreement, to the satisfaction of the City, within 3 years of this by-law coming into effect, then the zoning of the lands zoned as R5C-1240 shall be of no force and effect, and the zoning of the lands zoned as R5C- 1240 will revert back to the LI Zone. The EPA zone will remain in full force and effect. 14. Notwithstanding clause 13 above, the approval of this by-law may be extended by 1 year at the discretion of the General Manager of Planning, Building and Development. 15. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1. 1240 Refer to By-law No. 2024-43 Read a First, Second and Third time; passed, signed and sealed in open Council this 30th day of April, 2024. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR (g) Minimum landscaped open space 20% (h) Minimum number of balconies per unit 2 (i) Minimum dimensions for a balcony 1.2 metre depth by 2.4 metre width (j) The balance of regulations specified for a R5C use. Page 456 of 484 CITY OF NIAGARA FALLS By-law No. 2024 - 044 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 trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment; Page 457 of 484 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. 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. Page 458 of 484 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 overnight or weekend within the road allowance for genuine reason such as preventing 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, in consultation with Senior Staff, 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. Page 459 of 484 Council Approval 8.1 In most instances, the City Clerk shall submit the request for an exemption 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. A breach by the applicant of any of the terms or conditions of the exemption granted by Council shall terminate the exemption forthwith. 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 30th day of April, 2024. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 460 of 484 SCHEDULE 1 EXEMPTED AREA Page 461 of 484 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, re sulting 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 462 of 484 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 463 of 484 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 Page 464 of 484 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. 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 465 of 484 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 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. Page 466 of 484 THE CITY OF NIAGARA FALLS By-law 2024-045 A by-law to establish Administrative Penalties (Non-Parking) for By-Law No. 2004-105 (as amended by By-law No. 2005-73, By-law No. 2007-28 and By-law No. 2014-155); By- Law No. 2007-41; By-Law No. 2001-31 (as amended by By-Law No. 2021-57 and By-law No. 2021-99). WHEREAS Section 434.1 of the Municipal Act, 2001, S.O. 2001, c. 25 (the “Municipal Act”) authorizes a municipality to 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 the Municipal Act, in order to assist the municipality in promoting compliance with its by-laws; AND WHEREAS the City of Niagara Falls considers it desirable to designate certain by- laws or parts of such by-laws to which administrative penalties under section 434.1 of the Municipal Act shall apply; AND WHEREAS the City of Niagara Falls considers it desirable to amend such designated by-laws to provide for the application of administrative penalties under section 434.1 of the Municipal Act; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: PART I – SHORT TITLE 1. This By-law may be referred to as the “Administrative Penalties (Non-Parking) By- law”. PART II – DEFINITIONS 2. For the purposes of this By-law: “Administrative Penalty” means a monetary penalty as set out in Schedule “A” to this By-law for a contravention of a Designated By-law; “By-law” means this by-law and any schedule to this by-law as they may be amended from time to time; “City” means The Corporation of the City of Niagara Falls; “Council” means the elected Council of the City; “Decision of a Hearings Officer” means a notice that contains the decision of a Hearings Officer; Page 467 of 484 2 “Designated By-law” means a by-law or provision of a by-law that is designated under this or any other by-law to which this By-law applies and is listed in Schedule “A” attached to this By-law; “Hearing No Show Fee” means an administrative fee set out in Schedule “B” to this By-law in respect of a Person’s failure to appear at the time and place scheduled for a review before a Hearings Officer; “Hearings Officer” means a person engaged by the City to review a Screening Decision; “Holiday” means a Saturday, Sunday, any statutory holiday in the Province of Ontario or any day the offices for the City are officially closed for business; “Late Payment Fee” means an administrative fee set out in Schedule “B” to this By-law in respect of a Person’s failure to pay an Administrative Penalty within the time prescribed in this By-law; “Manager” means the Manager of Enforcement Services, or his or her delegate(s); “Officer” means each of: (a) a Municipal Law Enforcement Officer or other person appointed by or under the authority of a City By-law to enforce a Designated By-law; and (b) a police officer employed by the Niagara Regional Police Service, the Ontario Provincial Police and the Royal Canadian Mounted Police. “Penalty Notice” means a notice containing an Administrative Penalty given to a Person pursuant to section 5 of this By-law; “Penalty Notice Date” means the date of the contravention specified on the Penalty Notice pursuant to subsection 7(b) of this By-law, or the date on which the Person required to pay is served or deemed served with the Penalty Notice, whichever is later; “Penalty Notice Number” means the number specified on the Penalty Notice pursuant to subsection 7(c) of this By-law; “Person” includes an individual, corporation, an officer or director of a corporation, a partnership and an individual partner in a partnership; “Persons” includes more than one individual, corporation, officer or director of a corporation, partnership or partner; Page 468 of 484 3 “Request for Review By Hearings Officer” means the form attached to the Screening Decision which may be filed by a Person under section 21 of this By - law; “Screening Decision” means a notice which contains the decision of a Screening Officer; “Screening No Show Fee” means an administrative fee set out in Schedule “B” to this By-law in respect of a Person’s failure to appear at the time and place scheduled for a review by a Screening Officer; “Screening Officer” means a person engaged by the City to review an Administrative Penalty; and “Tax Roll Address” means the mailing address and contact information for the owner of property that appears in the City’s municipal tax assessment records. PART III – DESIGNATED BY-LAWS 3. The provisions of this By-law shall apply to any contravention of a Designated By- law listed in Schedule “A”. Schedule “A” shall set out the short form wording to be used for the contraventions of Designated By-laws and also set out the Administrative Penalties imposed for the contraventions. 4. The Provincial Offences Act, R.S.O. 1990, c. P.33, as amended (the “Provincial Offences Act”), will continue to apply to contraventions of a Designated By -law, except that no Person that is required to pay an Administrative Penalty under this By-law in respect of a contravention of a Designated By-law shall be charged with an offence in respect of the same contravention under the Provincial Offences Act. PART IV – PENALTY NOTICE 5. Every Person who contravenes a provision of a Designated By -law shall, when given a Penalty Notice, be liable to pay to the City the Administrative Penalty set out in the Penalty Notice within fifteen (15) days of the Penalty Notice Date. 6. An Officer who has reason to believe that a Person has contravened a provision of a Designated By-law may issue a Penalty Notice to that Person. 7. A Penalty Notice shall include the following information: (a) the name of the Person or Persons; (b) the Penalty Notice Date; (c) a Penalty Notice Number; Page 469 of 484 4 (d) the short form contravention wording listed in Schedule “A”, which describes the particulars of the contravention; (e) the amount of the Administrative Penalty; (f) the name and identification number of the Officer; (g) such information as the Manager determines is appropriate respecting the process by which the Person may exercise the Person’s right to request a review of the Administrative Penalty; and (h) a statement advising that an Administrative Penalty, including any administrative fees, will, unless cancelled or reduced pursuant to a review, constitute a debt of the Person to the City. 8. Where a Penalty Notice is issued in respect of a contravention of a Designated By- law for which the owners of a property are responsible, the Penalty Notice may name all Persons who are the registered owners of such property, and such Persons shall be jointly and severally liable to pay the Administrative Penalty on the Penalty Notice. 9. No Officer may accept payment of an Administrative Penalty. PART V – SERVICE OF PENALTY NOTICE 10. (1) Service of any document or notice, including a Penalty Notice, respecting this By-law may be given in writing in any of the following ways and is effective: (a) when a copy is delivered personally to the Person to whom it is addressed; (b) on the 5th day after a copy is sent by registered mail or by regular letter mail to the Person’s last known address; (c) upon the conclusion of the transmission of a copy by facsimile transmission to the Person’s last known facsimile transmission number; or (d) upon sending a copy by e-mail transmission to the Person’s last known e-mail address. (2) For the purposes of subsections 10(1) (b), (c) and (d), a Person’s last known address, facsimile number and e-mail address may include an address, facsimile number and e-mail provided by the Person to the City, including the Tax Roll Address, information provided in an application for licence made by a Person under Business Licensing By-law No. 2001-31, as amended, or as may be required by a form, practice or policy developed under this By -law. Page 470 of 484 5 11. (1) In addition to the service methods in subsection 10(1), an Officer may serve the Penalty Notice on a Person who is the owner of a property that is in contravention of a Designated By-Law, by delivering it personally to the Person having care and control of the property and then sending a copy by registered mail or regular mail to the Tax Roll Address; (2) Service of a Penalty Notice under subsection 11(1) is effective on the 5th day after a copy is sent by registered mail or regular letter mail to the Tax Roll Address. PART VI – REVIEW BY A SCREENING OFFICER 12. A Person who is given a Penalty Notice may request that the Administrative Penalty be reviewed by a Screening Officer and shall do so within fifteen (15) days after the Penalty Notice Date. 13. (1) If a Person has not requested a review within the time limit set out in section 12, a Person may request that the Screening Officer extend the time to request a review within 30 days after the Penalty Notice Date. (2) A Person’s right to request an extension of time pursuant to subsection 13(1) expires if it has not been exercised within 30 days after the Penalty Notice Date at which time: (a) the Person shall be deemed to have waived the right to request a review; (b) the Administrative Penalty, including any administrative fees, shall be deemed to be affirmed on the 16th day after the Penalty Notice Date; and (c) the Administrative Penalty, including any administrative fees, is not subject to any further review, including review by any court. 14. A Person’s right to request a review or to request an extension of time to request a review are exercised by: (a) calling the telephone number listed on the Penalty Notice, providing the information required as set out in the Penalty Notice and scheduling the time and place for the review; or (b) attending in person at the location listed in the Penalty Notice to provide the information required in the Penalty Notice and scheduling the time and place for the review. 15. A review or a request for an extension of time to request a review shall only be scheduled by the City if the Person has exercised his or her right to request a Page 471 of 484 6 review or an extension of time to request a review within the time limits set out in sections 12 or 13. 16. Where a Person fails to attend at the time and place scheduled for a review: (a) the Person shall be deemed to have abandoned the request for a review of the Administrative Penalty; (b) the Person shall pay to the City a Screening No Show Fee; (c) the Administrative Penalty, including any administrative fees, shall be deemed to be affirmed on the date that was scheduled for the review; and (d) the Administrative Penalty, including any administrative fees, is not subject to any further review, including review by any court. 17. (1) For the purposes of subsection 13(1), the Screening Officer may only extend the time to request a review of an Administrative Penalty where the Person demonstrates, on a balance of probabilities, the existence of extenuating circumstances that prevented the Person from exercising the right to request a review in the timeframe set out in section 12. (2) Where an extension of time is not granted by the Screening Officer the Administrative Penalty, including any administrative fees, is deemed to be affirmed. 18. After a review of the Administrative Penalty has been held, the Screening Officer shall deliver a Screening Decision to the Person by way of e-mail transmission. In the event that e-mail transmission is not an option, the Screening Officer may resort to any of the other service methods provided for in sections 10 and 11. PART VII – REVIEW BY A HEARINGS OFFICER 19. A person may request a review of a Screening Decision by a Hearings Officer and shall do so within fifteen (15) days after the Screening Decision was served on the Person. 20. (1) If a Person has not requested a review within the time limit set out in section 19, a Person may request that the Hearings Officer extend the time to request a review within thirty (30) days after the Screening Decision has been delivered to the Person. (2) A Person’s right to request an extension of time in subsection 20(1) expires if it has not been exercised within thirty (30) days after the Screening Decision has been delivered, at which time: Page 472 of 484 7 (a) the Person shall be deemed to have waived the right to request a hearing; (b) the Screening Decision, which includes the Administrative Penalty and any administrative fees, shall be deemed to be affirmed; and (c) the Screening Decision, which includes the Administrative Penalty and any administrative fees, is not subject to any further review, including review by any court. 21. A Person’s right to request a review of a Screening Decision or to request an extension of time to request the review are exercised by attending in person or by representative at the place specified in the Request for Review by Hearings Officer form and filing a completed form. 22. A review or a request for an extension of time to request a review shall only be scheduled by the City if the Person has exercised his or her right to request a review or an extension of time to request a review within the time limits set out in sections 19 or 20. 23. Where a Person fails to attend at the time and place scheduled for a review by the Hearings Officer: (a) the Person shall be deemed to have abandoned the request for a review of the Screening Decision; (b) the Person shall pay to the City a Hearing No Show Fee; (c) the Screening Decision, which includes the Administrative Penalty and any administration fees, shall be deemed to be affirmed on the day scheduled for the Hearing; and (d) the Screening Decision, which includes the Administrative Penalty and any administration fees, is not subject to any further review, including review by any court. 24. (1) For the purposes of section 20, the Hearings Officer may only extend the time to request a review of a Screening Decision where the Person demonstrates, on a balance of probabilities, the existence of extenuating circumstances that prevented the Person from exercising the right to request a review in the timeframe set out in section 20. (2) Where an extension of time is not granted by the Hearing Officer, the Screening Decision, which includes the Administrative Penalty and any administrative fees, is deemed to be affirmed and shall not be subject to any further review, including review by any court. Page 473 of 484 8 25. A Hearings Officer shall not make any decision respecting a review of a Screening Decision unless the Hearings Officer has given the Person and the City an opportunity to be heard at the time and place scheduled for the hearing of the review. 26. All hearings conducted by the Hearings Officer shall be in accordance with the Statutory Powers and Procedures Act, R.S.O. 1990, c. S.22, as amended. 27. After a hearing is complete the Hearings Officer shall issue to the Person a Decision of a Hearings Officer by way of e-mail transmission. In the event that e- mail transmission is not an option, the Hearings Officer may resort to any of the other service methods provided for in sections 10 and 11. PART VIII – JURISDICTION OF SCREENING AND HEARINGS OFFICER 28. Neither a Screening Officer nor a Hearings Officer has jurisdiction to consider questions relating to the validity of a statute, regulation or by -law or the constitutional applicability or operability of any statute, regulation or by-law. 29. On a review of the Administrative Penalty, the Screening Officer may affirm the Administrative Penalty, including any administrative fee, or the Screening Officer may cancel, reduce, or extend the time for payment of the Administrative Penalty, including any administrative fee, on the following grounds: (a) where the Person establishes on a balance of probabilities, that he or she did not contravene the Designated By-law as described in the Penalty Notice; or (b) where the Person provides clear and sufficient evidence to establish that the cancellation, reduction or extension of time for payment of the Administrative Penalty, including any administrative fees, is necessary to relieve any undue hardship. 30. On a review of a Screening Decision, the Hearings Officer may affirm the Screening Decision, or the Hearings Officer may cancel, reduce or extend the time for payment of the Administrative Penalty, including any administrative fee, on the following grounds: (a) where the Person establishes on a balance of probabilities, that he or she did not contravene the Designated By-law as described in the Penalty Notice; or (b) where the Person provides clear and sufficient evidence to establish that the cancellation, reduction or extension of time for payment of the Administrative Penalty, including any administrative fee, is necessary to relieve any undue hardship. Page 474 of 484 9 31. Any decision by a Hearings Officer is final and is not subject to any further review, including review by any court. PART IX – ADMINISTRATION OF THE BY-LAW 32. (1) The Manager shall administer the By-law and establish any practices, policies and procedures necessary to implement the By-law. (2) The Manager shall prescribe all forms and notices, including the Penalty Notice, necessary to implement the By-law and may amend such forms and notices from time to time as the Manager deems necessary. 33. (1) The Manager may cancel an Administrative Penalty, including any administrative fee, where the Penalty Notice was issued to a Person because an error was made by the City. (2) The Manager may cancel any administrative fee, without cancelling the Administrative Penalty, where the fee was imposed as the result of an error made by the City. PART X – FINANCIAL ADMINISTRATION 34. The Administrative Penalty is due and payable within fifteen (15) days after the Penalty Notice Date. 35. A Person who is given a Penalty Notice and who does not pay the amount of the Administrative Penalty within fifteen (15) days of the Penalty Notice Date shall pay to the City the Late Payment Fee and any other administrative fees set out in Schedule “B” to this By-Law which may be applicable. 36. An Administrative Penalty, including any administrative fees, that is deemed affirmed is automatically affirmed under this By-law and does not require an exercise of the powers provided to the Screening Officer or the Hearings Officer. PART XI – CONSEQUENCES OF NON-PAYMENT 37. An Administrative Penalty, including any administrative fees, that is affirmed or reduced or in respect of which the time for payment has been extended, is due and payable and constitutes a debt to the City owed by the Person to whom the Penalty Notice was given. 38. An Administrative Penalty, including any administrative fees, that is not paid within fifteen (15) days after it becomes due and payable shall be deemed to be unpaid taxes and may be collected in the same manner as taxes in accordance with section 434.2 of the Municipal Act. Page 475 of 484 10 PART XII – GENERAL PROVISIONS 39. Where a Screening Officer or Hearings Officer cancels an Administrative Penalty, it is not necessary that the Screening Officer or Hearings Officer will also cancel any related administrative fees. 40. Any time limit that would otherwise expire on a Holiday is extended to the next day that is not a Holiday. 41. Any schedule attached to this By-law forms part of this By-law. 42. Sections 431 and 440 of the Municipal Act, apply to this By-law, providing respectively, for a court of competent jurisdiction to prohibit the contravention or repetition of an offence, and, upon application of the City, for a court to make orders to restrain a contravention, which remedies may be sought in addition to any remedy or penalty imposed under this By-law. 43. Nothing in this By-law limits the City’s right to enforce a Designated By-law by any other and all legal means. PART XIII – EFFECTIVE DATE AND VALIDITY 44. If a court of competent jurisdiction declares any provision, or any part of a provision, of this By-law to be invalid, or to be of no force and effect, it is the intention of the Council in enacting this By-law, that each and every other provision of this By-law authorized by law, be applied and enforced in accordance with its terms to the extent possible according to law. 45. That the City Clerk is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this By-law or its schedules after the passage of this By-law. Read a First, Second and Third time; passed, signed and sealed in open Council this 30th of April, 2024. ................................................................................ ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 476 of 484 11 SCHEDULE “A” CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW DESIGNATED BY-LAW PROVISIONS General Prohibitions and related Administrative Penalties (for all Designated By- laws): Failing to comply with an order. $500 Preventing, hindering or obstructing an Officer. $400 Attempting to hinder or obstruct an Officer. $400 Hinder or obstruct any person exercising power or duty under the Designated By-law. $400 Attempt to hinder or obstruct any person exercising power or duty under the Designated By-law. $400 NOISE CONTROL BY-LAW NO. 2004-105 (as amended by By-law No. 2005-73, By- law No. 2007-28 and By-law No. 2014-155) 1. For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Noise Control By -law No. 2004-105, as amended, that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administ rative Penalty 1 Section 2 Cause or permit noise or vibration disturbance that interferes with peaceful enjoyment. $300 Page 477 of 484 12 2 Section 3, Schedule 2 1. Revving of an engine or motor. $300 3 Section 3, Schedule 2 2. Operation of a motor vehicle in such a way that the tires squeal. $300 4 Section 3, Schedule 2 3. 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. $300 5 Section 3, Schedule 2 4. 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. $300 6 Section 3, Schedule 2 5. Operation of a motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices. $300 7 Section 4.1, Schedule 3 1. 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. $300 8 Section 4.1, Schedule 3 2. Persistent yelling, shouting, screaming, whistling, hooting or singing, at any time. $300 9 Section 4.1, Schedule 3 3. Activation of a security alarm resulting in sound for a duration in excess of five minutes, at any time. $300 10 Section 4.1, Schedule 3 4. Operation of construction equipment in connection with construction between 7:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 Page 478 of 484 13 11 Section 4.1, Schedule 3 5. 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 a Holiday. $300 12 Section 4.1, Schedule 3 6. 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 a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 13 Section 4.1, Schedule 3 7. 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 a Holiday. $300 14 Section 4.1, Schedule 3 8. Vehicle repairs, between 9:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 15 Section 4.1, Schedule 3 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 a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 16 Section 4.1, Schedule 3 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 a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 17 Section 4.1, Schedule 3 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 a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 Page 479 of 484 14 CLEAN YARD BY-LAW NO. 2007- 41 2. For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Clean Yard By-law No. 2007- 41 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2(1) Failure to keep drain in operative state. $250 2 Section 2(2) Failure to alter drain as required. $250 3 Section 3 Throw or deposit refuse on private or public land. $250 4 Section 4 Failure to provide sanitary disposal of sewage and drainage. $250 5 Section 5(1) Failure to keep land free and clear of refuse. $250 6 Section 5(2) Failure to cover refuse as may be prescribed by the Manager in writing. $250 7 Section 6 Storing vehicle for wrecking or dismantling them, or salvaging parts for sale or other disposal. $250 8 Section 7 Parking or storing any vehicles on non- surfaced parking area. $250 Page 480 of 484 15 9 Section 8 Grass not kept less than 20 cm in height. $250 10 Section 14(2) Fail to comply with an Order. $500 REGULATE AND LICENSE VACATION RENTAL UNITS AND BED AND BREAKFAST ESTABLISHMENTS BY-LAW NO. 2001-31 (as amended by By-law No. 2021-57 and further amended by By-law No. 2021-99) 3. For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Vacation Rental By -law No. 2001-31, as amended, that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. (d) All Administrative Penalty amounts in this section are per diem , meaning that they are charged once per day of a continuing contravention. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 2.3 Own or operate, or permit the operation of a Vacation Rental Unit without a current valid licence. $1000 per diem 2 2.4 Own or operate, or permit the operation of a Bed and Breakfast Establishment without a current valid licence. $1000 per diem 3 2.5 Own or operate a Vacation Rental Unit or a Bed and Breakfast Establishment other than in accordance with the terms and conditions of a licence, the terms and conditions of this By-law. $1000 per diem 4 2.6 Advertise, promote, broker, or offer for rent or lease a Vacation Rental Unit without a current valid licence. $1000 per diem Page 481 of 484 16 5 2.7 Advertise, promote, broker, or offer for rent a Bed and Breakfast Establishment without a current valid licence. $1000 per diem 6 2.8 Alter or modify or permit the alteration or modification of a licence. $1000 per diem 7 2.9 Use or attempt to use a licence issued to another Person. $1000 per diem 8 2.10 Own, operate or carry on any business in any other name other than in the name that appears on the licence. $1000 per diem 9 2.11 Knowingly makes a false statement in an application, declaration, affidavit or paper writing required by By-law or the City. $1000 per diem 10 2.12 Contravene any provision set out in this By- law, any other municipal by-law, federal or provincial Act, statute, or any other legislation applicable to the licensed premises. $1000 per diem + one-time charge of all legal fees and disbursements incurred by the City in any resulting prosecution 11 2.13 Remove an order or placard posted on the premises under this By-law, except an Officer. $1000 per diem 12 2.14 Own, operate or carry on any business while a licence is under an administrative suspension. $1000 per diem 13 2.15 Discriminate against any member of the public in the carrying on, conducting or operating of a Bed and Breakfast Establishment or a Vacation Rental Unit on the basis of race, colour, creed, gender or sexual orientation. $1000 per diem Page 482 of 484 17 SCHEDULE “B” CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW NON-PARKING ADMINISTRATIVE FEES Item No. COLUMN 1 Administrative Fee COLUMN 2 Amount 1 Late Payment Fee $25.00 per month of delay 2 Screening No Show Fee $50.00 3 Hearing No Show Fee $100.00 4 Land Title Searching Fees $55.00 Page 483 of 484 CITY OF NIAGARA FALLS By-law No. 2024 - 046 A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 30th 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 30th 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 30th day of April, 2024. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 484 of 484