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07-16-2024 AGENDA City Council Meeting 1:00 PM - Tuesday, July 16, 2024 Council Chambers/Zoom App. Page 1. CALL TO ORDER O Canada: Madalynn Cicchino (singing live in Chambers) Land Acknowledgement and Traditional Indigenous Meeting Opening 2. ADOPTION OF MINUTES 2.1. Council Minutes of June 18, 2024 City Council - 18 Jun 2024 - Minutes - Pdf 13 - 31 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 - Special Olympic Athletes - Powerlifting Ryan Pozzobon and Marc Fletcher are both athletes with the Special Olympics and both participated with the "Power and the Glory", which is a powerlifting program. Dino Pozzobon, coach, will be in attendance to present the awards. (Ryan has been powerlifting for about 15 years and he recently competed in May in the Provincial Games and won gold in all three of his events (bench press, deadlift and squats). Marc has been powerlifting for roughly the same time period and also competed in the Provincial Games. Marc received gold for bench, silver for squat and bronze for deadlift). 5.2. Civic Recognition - St. Paul High School - Niagara Falls Rowing Club St. Paul High School coach, Anthony Acuri, is looking to recognize the achievements of the following rowers:  Virginia Gates  Myles Quintyn Page 1 of 326  Sabrina Cottringer  Ava Hodgson  Ashlyn Fehr  Mackenzie Murray 6. PLANNING MATTERS 6.1. PBD-2024-26 AM-2021-026, Zoning By-law Amendment 3897 Welland Street Proposal: To rezone the lands to a site-specific Residential Mixed (R3) Zone to permit the development of five on-street townhouse dwellings Applicant: Paul Peter Tries & Gayle Amy Tries Agent: NPG Planning Solutions (Aaron Butler / Asawari Modak) Chris Roome, Planner 2, will provide an overview of Report PBD- 2024-026. PBD-2024-26 - Pdf #6.1 Presentation (Staff) #6.1 Presentation (Applicant) Comments from Residents - Old Design Comments from Residents - New Design 32 - 95 6.2. PBD-2024-27 AM-2024-004 Zoning By-Law Amendment Application 26CD-11-2024-001, Plan of Vacant Land Condominium 6529 St. John Street Pt Lt 59 PL 5 Stamford as in RO117039; City of Niagara Falls PT Lt 59 PL 5, Part 1 on 59R-16551, Stamford; City of Niagara Falls Applicant: Niagara Pines Developments Ltd. Agent: Ethan Laman (Upper Canada Consultants) Nick DeBenedetti, Planner 2, will provide an overview of Report PBD-2024-27. PBD-2024-27 - Pdf Presentation - AM-2024-004 - 6529 St. John St (Staff) 96 - 136 Page 2 of 326 Presentation - AM-2024-004 - 6529 St. John St (Applicant) Comments from Residents - 6529 St. John Street 7. IN CAMERA SESSION OF COUNCIL 7.1. In-Camera Resolution (updated) July 16 2024 - Resolution to go In-Camera 137 8. REPORTS 8.1. 2025 Budget Timetable and Budget Engagement Plan F-2024-26 2025 Budget Timetable and Budget Engagement Plan - Pdf 138 - 147 8.2. F-2024-28 Update on Low Income Seniors' and People with Disabilities Property Tax Deferral F-2024-28 Update on Low Income Seniors' and People with Disabilities Property Tax Deferral - Pdf 148 - 156 8.3. PBD-2024-28 Honourary Street Name: Gordon Singleton PBD-2024-28 - Pdf 157 - 162 8.4. PBD-2024-29 Amendment to By-law No. 2007-41 to include the definition of weeds PBD-2024-29 - Pdf 163 - 173 8.5. MW-2024-29 Lease Amending Agreement with The Stamford Centre Volunteer Firemen's Association for Firemen's Park Maintenance and Capital Improvements MW-2024-29 - Pdf 174 - 178 9. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will Page 3 of 326 save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. 9.1. F-2024-27 Annual Update on Low Income Seniors and People with Disabilities Water and Property Tax Rebate Programs F-2024-27 Annual Update on Low Income Seniors and People with Disabilities Water and Property Tax Rebate Programs - Pdf 179 - 181 9.2. MW-2024-30 Prospect Street - Parking Control Review MW-2024-30 - Pdf 182 - 186 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Communications section of the agenda is a set of items listed as correspondence to Council that could be approved in one motion of Council. If Staff feel that more than one recommendation is required, the listed communications items will be grouped accordingly. The single motion per recommendation, if required, will save time. Prior to any motion being taken, a Councillor may request that one or more of the items be lifted for discussion and considered separately. RECOMMENDATION: THAT Council approve/support Item #10.1. through to and including Item #10.8. 10.1. Flag-Raising Request - United Way 2024 Campaign The United Way is requesting that Council approve the raising of the United Way flag at City Hall on September 13th, 2024 for one week to raise awareness of their 2024 Campaign. Recommendation: For the APPROVAL of Council. Flag-Raising Request - United Way 187 10.2. Proclamation Request - Giving Tuesday Attached is a request from Josh Bieuz-Yasyszczuk, Founder and Movement Lead at NiagaraGives, that Council proclaim Tuesday, 188 - 189 Page 4 of 326 December 3, 2024 as "Giving Tuesday" in the City of Niagara Falls. Recommendation: For the APPROVAL of Council. Correspondence - GivingTuesdayNFRequest2024 GivingTuesdayNFRequest2024 10.3. Flag-Raising/Proclamation Request - Childhood Cancer Awareness Month Attached is correspondence from Patti, John and Eric Bauer on behalf of Miranda's Miracles requesting that the City of Niagara Falls proclaim the month of September, Childhood Cancer Awareness Month and to raise a flag to honour children fighting cancer, lost to cancer and who have survived cancer. Recommendation: For the APPROVAL of Council. Correspondence - Childhood Cancer Awareness Month 190 10.4. Proclamation Request - Child Care Worker & Early Childhood Educator Appreciation Day 2024 Attached is correspondence from Christa O'Connor, President, OCBCC and Fred Hahn, President, CUPE Ontario Division, requesting that the City of Niagara Falls declare Thursday October 24, 2024 as Child Care Worker & Early Childhood Educator Appreciation Day. Recommendation: For the APPROVAL of Council. CCWAD Proclamation Request CCWAD Sample Proclamation_2024_en_fr_final CCWAD Celebration Tips 2024_en_fr_final 191 - 196 10.5. Proclamation Request - Rail Safety Week 2024 Attached is correspondence from Stephen Covey, CN Chief of Police and Chief Security Officer, requesting that the week of September 23rd to the 29th, 2024 be proclaimed Rail Safety Week. Recommendation: For the APPROVAL of Council. Correspondence - Proclamation Requestion - Rail Safety Week 197 - 198 Page 5 of 326 10.6. Food Truck Request - Niagara Falls Soccer Club 62nd Annual AC Douglas Soccer Tournament Attached is a request from Paul Lepiane, President of the Niagara Falls Soccer Club, requesting that City Council permit food trucks at various parks across the City of Niagara Falls for their 62nd annual AC Douglas Soccer Tournament the weekend of Saturday August 10th - 11th, 2024. Recommendation: For the APPROVAL of Council. Correspondence - Niagara Falls Soccer Club - Letter 199 10.7. Special Occasion Permit Request - Always June Organic Farm Organizers of the event are looking to Council for a letter of Municipal Significance for this festival taking place at the Always June Organic Farm located at 5584 Niagara Town Line, Niagara Falls on Saturday August 24th, 2024. With Council declaring the event as "municipally significant", this will assist the organizers in obtaining a Special Occasion Permit from the AGCO. Recommendation: That Council DECLARE the Always June Organic Farm event one of municipal significance in the City of Niagara Falls in order to assist with obtaining a Special Occasion Permit from the AGCO. Request - Municipal Significance - Always June Organic Farm 200 10.8. Physician Shortage Attached is a letter from Kimberly Moran, CEO, Ontario Medical Association and Colin Best, AMO President in regards to a draft resolution urging the provincial government to recognize the physician shortage in your municipality and the rest of Ontario. By adopting this resolution, your municipality can play a crucial role in highlighting the urgent need for more healthcare resources and support. Recommendation: For the APPROVAL of Council. Letter - Physician Shortage 201 - 203 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive for information Item #11.1. through to and including Item #11.8. 11.1. Town of Fort Erie - MTO Median Barriers on QEW 204 - 205 Page 6 of 326 Attached is a resolution from the town of Fort Erie regarding requests that the Ministry of Transportation Ontario investigate and implement a guide rail, cable barrier or other suitable means of deflection on the Queen Elizabeth Way between Lyon’s Creek Road in the City of Niagara Falls and Thompson Road in the Town of Fort Erie. Recommendation: THAT Council RECEIVE for information Resolution - Ford-MTO Barriers - QEW 11.2. WEGO Blue Line Attached is a letter from the Niagara Parks Commission informing the Mayor and Council of a recent decision made June 13, 2024 regarding the WEGO Blue line operations. Recommendation: THAT Council RECEIVE for information. Letter - Correspondence - CNF - June 24-24 206 - 207 11.3. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following matters: 1. Public notice advertisement for notice of study commencement Portage Trunk Sewer Rehabilitation. 2. Proposed Amendments to the Niagara Escarpment Planning and Development Act. Recommendation: THAT Council RECEIVE for information. Letter - 2024-06-21-NF-Clerk-Portage-Trunk-Sewer-Notice- Commence-PNO.Ad Notice of commencement - 2024-06-19-Portage-Rehab-Notice- Commence-PN.Ad Letter - Proposed Amendments - CLK-C 2024-068 PDS 20-2024 208 - 218 11.4. City of St. Catharines - Green Roads Pilot Project Attached is a resolution from the City of St. Catharines recognizing the urgent need to address and mitigate the impacts of climate change on the community and environment; and the consideration of sustainable and environmentally friendly road construction and surfacing materials. 219 - 220 Page 7 of 326 Recommendation: THAT Council RECEIVE for Information. Correspondence - AMO - Green Roads Pilot Project 11.5. Niagara Peninsula Conservation Authority - Resolution Notice FA-71-2024 Attached is a resolution from the the Niagara Peninsula Conservation Authority regarding Water Quality Monitoring Program Summary Report for the Year 2023. Recommendation: THAT Council RECEIVE for Information. Correspondence - Resolution FA-71-24 221 - 231 11.6. AMO Advocacy on Homelessness Encampments Attached is a letter from Colin Best, President, Association of Municipalities of Ontario (AMO), and a PDF release outlining a new policy paper Homeless Encampments in Ontario: A Municipal Perspective detailing the state of this crisis and evidence-based actions that must be taken. Recommendation: THAT Council RECEIVE for information. Letter - AMO Advocacy on Homelessness Encampments AMO_Homeless-Encampments-in-Ontario_2024-07-02 232 - 248 11.7. Niagara Poverty Reduction Strategy - Social Assistance Rates Attached is correspondence from Jim Bradley, Chair, Niagara Region, regarding a motion passed to circulate the Niagara Poverty Reduction Strategy information and findings. Recommendation: THAT Council RECEIVE for information. Letter - NPRS SA Rate Niagara Poverty Reduction Strategy 2024 249 - 286 11.8. Regulations for Importation and Safe Use of Lithium-ion Batteries Attached is correspondence from the township of Otonabee- South Monaghan calling upon all levels of government to enact regulations for the importation, sale, storage, and use of non- OEM or ULC certified lithium-ion batteries. 287 - 289 Page 8 of 326 Recommendation: THAT Council RECEIVE for information. Letter - Regulations for Importation and Safe Use of Lithium-ion Batteries Resolution No. 2024-153 Lithon-ion Batteries 12. RATIFICATION OF IN-CAMERA 13. NOTICE OF MOTION/NEW BUSINESS Except as otherwise provided in the Procedural By-law, all Notices of Motion shall be presented, in writing, at a Meeting of Council, but shall not be debated until the next regular Meeting of Council. 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. 13.1. NOTICE OF MOTION - Infill Developments Attached is a request for a Notice of Motion from Councillor Lococo in regards to investigating ways to mitigate a number of issues experienced during infill developments. Notice of Motion - Infill Development - July 16, 2024 290 - 291 13.2. NOTICE OF MOTION - Niagara Falls University - Accommodations for students and family Attached is a request for a Notice of Motion from Councillor Lococo requesting that staff inquire further into the housing and additional resources that will be required for the anticipated 2,000 students plus family members that will arrive in Niagara Falls for the September 2024 start. Notice of Motion - NFU Student accommodations/resources 292 - 293 14. MOTIONS 14.1. Property Standards By-law At the June 18th, 2024 Council meeting, Councillor Patel brought forth the following motion: Motion: THAT Staff be DIRECTED to amend the property standards by- law to expand the scope of the by-law to include grass, weed on Page 9 of 326 boulevards, islands, traffic triangles, roundabout, vacant buildings, graffiti and overflowing garbage at the public parks and trails; AND, FURTHERMORE, THAT Council DIRECT BIAs and commercial plaza owners to do their first land scaping, including grass cuttings, weed clean up, and flower planting before the Victoria Day long weekend, if possible and if permitted by weather. 14.2. City of Niagara Falls - Downtown Committee At the June 18th, 2024 Council meeting, Councillor Patel brought forth the following motion: Motion: THAT Council FORM a Downtown Committee made up of: Council Members, and the downtown merchants or other stakeholders, who would oversee the business expenditures, programming, and beautification, until such time as the desire for a BIA is realized. Committee will deal with items such as; Cameras, Flowers, the Santa Clause Parade, and special events. Also, they will provide ideas to increase local traffic and business measures to take advantage of the thousands of people coming off the Terminals every week. AND, FURTHERMORE,THAT Staff be DIRECTED to bring back a staff report on how such a committee can be formed, including criteria and an application/appointment process. 14.3. Centre Street Patio At the June 18th, 2024 Council meeting, Councillor Patel brought forth the following motion: Motion: THAT Council INTRODUCE a motion to discuss reconsideration of the agreement that ended last year that allowed partial closure of Centre Street for the season, to allow for patios on the municipal road. 14.4. City of Niagara Falls - Hosting of Events (SpringLicious and Christmas Market) At the June 18th, 2024 Council meeting, Councillor Patel brought forth the following motion: Motion: Page 10 of 326 THAT Staff be DIRECTED to come back with a report outlining options and plans for hosting events similar to, but not limited to SpringLicious and the Christmas Market including financial implications and funding models, including but not limited to, grants, possible partnerships and special reserves. 15. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2024- 069. A by-law to amend By-law No. 2007-41 being a by-law to regulate maintaining of land in a clean and clear condition. By-law 2024-069 - By-law - Litter - Maintaining of Land by-law 294 - 295 2024- 070. A by-law to authorize the execution of an Agreement with The Association of Municipalities of Ontario (AMO) in order to participate in the renewed 10-year Municipal Funding Agreement (MFA) for the administration of the Canada Community-Building Fund (CCBF). By-law 2024-070 - Bylaw authorizing Mun Funding Agreement 7.16 SCHED 'A' (By-law 2024-070) - Municipal Funding Agreement on the CBBF 7.16 296 - 320 2024- 071. A by-law to establish Part 4 on 59R-18002 as a public highway to be known as, and, form part of Mewburn Road. By-law 2024-071 - By-Law to Establish Highway - Mewburn Road 321 2024- 072. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Loading Zones, Pedestrian Crossovers, Loading Zones, Weight Limits on Bridges). By-law 2024-072 - 07 16 2024 - Stopping Prohibited, Parking Prohibited, Loading Zones, Pedestrian Crossovers, Weight Limits on Bridges 322 - 325 2024- 073. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 16th day of July, 2024. By-law 2024-073 - 07 16 24 Confirming By-law 326 Page 11 of 326 16. ADJOURNMENT Page 12 of 326 MINUTES City Council Meeting 4:00 PM - Tuesday, June 18, 2024 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, June 18, 2024, at 4:05PM, in the Council Chambers, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Wayne Campbell, Councillor Lori Lococo, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Wayne Thomson, Councillor Ruth-Ann Neiuwesteeg STAFF PRESENT: Bill Matson, Jason Burgess, Erik Nickel, Signe Hansen, Shelley Darlington, Jo Zambito, Tiffany Clark, Andrew Bryce, Nihdi Punyarthi, Kathy Moldenhauer, Margaret Corbett, Michael Stewart, James Dowling, Matt Kernahan, Mackenzie Ceci, Heather Ruzylo, Daniel Dragosavljevic, Grant Felker 1. CALL TO ORDER The meeting was called to order at 4:05 PM. 2. ADOPTION OF MINUTES 2.1. Council Minutes of May 28, 2024 Moved by Councillor Tony Baldinelli Seconded by Councillor Victor Pietrangelo THAT Council APPROVE the minutes of May 28, 2024 as presented. Carried Unanimously 3. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Victor Pietrangelo declared a conflict of interest to Item #8.1, BDD- 2024-03 as the Councillor owns property that can be affected. b) Councillor Lori Lococo declared a conflict of interest to Item#8.2, F-2024-24, CIP as the Councillor lives downtown in the CIP area map. c) Councillor Ruth-Ann Nieuwesteeg declared a conflict of interest to Item #8.2, F- 2024-24 as the Councillor owns property in the Main & Ferry CIP. 4. MAYOR'S REPORTS, ANNOUNCEMENTS Councillor Pietrangelo left the meeting at 4:22 PM and returned at 4:24 PM. a) Mayor Diodati extended condolences to the families of: Page 1 of 19 Page 13 of 326 •Rosa Baglieri, grandmother of Jonathan Baglieri at the Gale Centre and Evan Baglieri in our Municipal Works Department b) Mayor Diodati mentioned the following City events: 40U40 Awards Gala [photo] •Also attended by Councillor Patel Niagara Canada International Film Festival [photo] Lucas Bahdi Fight [photo] •Also attended by Councillors Strange and Patel Annual Ching Ming Festival [photo] Mathew Fisher – Elevator Operator Certificate Presentation [photo] •Also attended by Councillor Pietrangelo Book Riot [photo] •More than $160K Revel Charity Festival [photo] •10 years 17th Annual Ride to Conquer Cancer [photo] Niagara Falls Rotary Ribfest [photo] •Also attended by Councillors Patel and Nieuwesteeg •Happy Father’s Day Councillor Representation [photos as submitted by Councillors] Councillor Strange•Fillipino Flag Raising Business Happenings [photos for each] Moonlight Lashes Grand Opening oAlso attended by Councillors Nieuwesteeg and Patel Unified Hair Studio Grand Opening oAlso attended by Councillors Nieuwesteeg and Patel El Pinche Taco & Mercadito Latino oAlso attended by Councillors Nieuwesteeg Stamford Library Grand Opening oAlso attended by Councillors Lococo, Thomson, Pietrangelo, Patel, Strange and Nieuwesteeg Shelby’s Shawarma Grand Opening Page 2 of 19 Page 14 of 326 oAlso attended by Councillors Nieuwesteeg, Patel, Strange and Pietrangelo Simar’s Barbershop Grand Opening oAlso attended by Councillors Patel and Nieuwesteeg Flag Raisings [photos for each] •National Accessibility Awareness Week oAlso attended by Councillors Lococo, Thomson and Patel •Pride Niagara oAlso attended by Councillors Nieuwesteeg, Campbell •Senior’s Month oAlso attended by Councillors Thomson, Nieuwesteeg •Niagara Shrine Club oAlso attended by Councillor Thomson •14th Year of Italian Heritage Month c) The next Council meeting is scheduled for Tuesday July 16, 2024. 5. DEPUTATIONS / PRESENTATIONS / APPOINTMENTS 5.1. Mayor's Youth Advisory Committee (MYAC) Year-End Deputation The Mayor's Youth Advisory Committee (MYAC) provided Council with a presentation to include the following:  Annual Year-End Deputation - MYAC Co-Chairs, Pranshu Patel and Shreedev Patel, reviewed MYAC's 2023-2024 school year.  Scholarship presentation - Nathan Smith, Community Development Coordinator, recognized Joy Ge from Westlane Secondary School, as the scholarship recipient. Moved by Councillor Wayne Campbell Seconded by Councillor Mike Strange THAT Council RECEIVE the presentation made by MYAC for information. Carried Unanimously Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT staff be DIRECTED to designate a month as "Youth Month" and invite past MYAC Alumnus to support. Carried Unanimously 5.2. Niagara Falls Canada Hotel Association (NFCHA) (POSTPONED) Page 3 of 19 Page 15 of 326 5.3. PBD-2024-23 Our Niagara Falls Plan - progress update on the new Official Plan Presentation - The Planning Partnership (Presentation forthcoming) Mr. Joe Nethery (Nethery Planning, working with the Planning Partnership), provided Council with a presentation and overview of PBD-2024-23 as to the current progress of the New Official Plan. Moved by Councillor Victor Pietrangelo Seconded by Councillor Lori Lococo THAT Council RECEIVE Report PBD-2024-23 for information. Carried Unanimously 6. IN CAMERA SESSION OF COUNCIL 6.1. In-Camera Resolution Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Mike Strange THAT Council ENTER into an In-Camera session. Carried Unanimously 7. PLANNING MATTERS Council resumed open meeting at 7:31 PM 7.1. PBD-2024-024 - PUBLIC MEETING AM-2022-021 – Official Plan & Zoning By-law Amendment Part Lot 175 Portage Road (PID 4866); North of Marineland Parkway Proposal: 812-unit apartment dwelling consisting of two towers with building heights of 29 storeys and 38 storeys. Applicant: Rundanco Inc. Agent: Bousfields Inc. (Cale Vanderveen / Caitlin Allan) The Public meeting commenced at 7:31 PM. Mackenzie Ceci, Senior Planner Current Development, provided an overview of Report PBD-2024-024. David Falletta from Bousfield Inc., representing the applicant, made a presentation to Council in support of the application. The Public meeting was closed at 8:07 PM. Page 4 of 19 Page 16 of 326 Moved by Councillor Wayne Thomson Seconded by Councillor Mona Patel 1. THAT Council APPROVE the Official Plan Amendment and Zoning By- law Amendment to facilitate the development of an 812-unit apartment dwelling consisting of two towers with building heights of 29 storeys and 38 storeys, subject to the regulations and modifications outlined in this Report. 2. THAT the amending by-law INCLUDE a Holding (H) provision to require the submission of an updated Wind Study, the submission of a detailed Noise and Vibration Impact Study, the inclusion of warning clauses with respect to noise, air quality and archaeological resources, and the implementation of various noise and air quality mitigation measures through future Site Plan and/or Condominium Agreements. 3. THAT the amending by-law INCLUDE a sunset clause to require the execution of a Site Plan Agreement or the receipt of Draft Plan of Condominium approval within three years of the amending by-law coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development. Carried (Councillor Lococo was opposed) 7.2. PBD-2024-25 - PUBLIC MEETING AM-2023-036 – Combined Official Plan and Zoning By-law Amendment for Lands West of Allendale Avenue, South of Main Street (PIDs 13671, 4689, 4970, 4971, 4969 and Part 137498) Proposal: To redesignate and rezone the property to facilitate the development of a 20-storey building containing 193 dwelling units. Applicant: Zeljko Holdings Limited (Jeremia Rudan) Agent: Bousfields Inc. (Caitlin Allen) Public meeting commenced at 8:14 PM. Matt Kernahan, Development Consultant, provided an overview of Report PBD-2024-025. David Falletta from Bousfield Inc., representing the applicant, made a presentation to Council in support of the application. The Public meeting was closed at 8:45 PM. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Wayne Thomson Page 5 of 19 Page 17 of 326 1. THAT Council APPROVE the Official Plan Amendment and Zoning By- law Amendment to permit the development of a 20-storey, residential building containing 193 dwelling, subject to the regulations outlined in this Report. 2. THAT the amending by-law INCLUDE a Holding (H) provision to require the filing of a Record of Site Condition, the submission of an updated Wind Study, and the completion of a Heritage Impact Assessment. 3. THAT the amending by-law INCLUDE a sunset clause to require the execution of a Site Plan Agreement or the receipt of Draft Plan of Condominium approval within three years of the amending by-law coming into effect, with the possibility of a one-year extension at the discretion of the General Manager of Planning, Building and Development. Carried Unanimously 8. REPORTS Council moved to Agenda Item #8.6 (R&C-2024-09 Gale Centre Junior Club Agreement Report) at 8:45 PM. 8.1. BDD-2024-03 Municipal Accommodation Tax Councillor Strange left the meeting at 9:17 PM. Councillor Nieuwesteeg left the meeting at 9:17 PM and returned at 9:24 PM. Moved by Councillor Wayne Campbell Seconded by Councillor Tony Baldinelli THAT Council RECEIVE this report for information. Carried Unanimously (Councillor Pietrangelo declared a conflict and Councillor Strange was absent from the vote) 8.2. F-2024-24 Community Improvement Program and Industrial Development Charge Exemption Incentives Mayor Diodati left the meeting and Councillor Pietrangelo resumed as chair at 9:19 PM. Moved by Councillor Wayne Thomson Seconded by Councillor Tony Baldinelli 1. THAT Council APPROVE staff’s recommended policy to provide a grant program for Industrial Development Charges (DC), included as Attachment 1 to this report, to maintain the current exemptions in a more flexible format outside of the DC By-Law. Page 6 of 19 Page 18 of 326 2. THAT Council APPROVE staff’s recommended policy to provide a DC grant program for Community Improvement Plan areas (CIP), included as Attachment 2 to this report, to maintain the current exemptions in a more flexible format outside of the DC By-Law and until such time that the CIP programs are updated/revised to incorporate a grant component related to Development Charges. 3. THAT Council APPROVE an extension of one year to the City’s current CIP incentives expiring October 1, 2024, as per staff report PBD-2021- 76, resulting in a revised expiry date of October 1, 2025. 4. THAT Council DIRECT staff to report back to Council with a finalized CIP incentive policy, inclusive of a grant program related to Development Charges in CIP areas, by October 1, 2025, for Council’s consideration. Carried Unanimously (Mayor Diodati and Councillors Strange and Nieuwesteeg absent from vote) (Councillors Nieuwesteeg and Lococo declared a conflict). 8.3. F-2024-25 White Drain Petition and Municipal Drain Analysis Moved by Councillor Lori Lococo Seconded by Councillor Tony Baldinelli 1. THAT Council RECEIVE this report for information and; 2. THAT Council APPROVE the recommendation originally included in Report F-2024-19 for 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) and; 3. THAT Council APPROVE that the costs associated with White Drain Petition to billed in accordance with the Drainage Act, RSO 1990 to the property owners within the watershed. Carried (Councillor Pietrangelo was opposed and Mayor Diodati and Councillors Nieuwesteeg and Strange were absent from vote). 8.5. PBD-2024-22 Council Education Session on City's Housing Strategy Mayor Diodati returned and resumed as Chair at 9:20 PM and Councillor Nieuwesteeg returned. Brian Dick, Manager of Policy Planning, presented the City’s 2022 Housing Strategy, which provided an overview of housing needs in the City, set a 40% affordability target for all new housing, and presented a strategy to achieve that target. Moved by Councillor Lori Lococo Page 7 of 19 Page 19 of 326 Seconded by Councillor Tony Baldinelli It is recommended: THAT Council RECEIVE PDB-2024-22 and the attached presentation for information. Carried Unanimously (Councillor Strange was absent from vote). 8.6. R&C-2024-09 Gale Centre Junior Club Agreement Report Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities, introduced Report R&C-2024-09. Brandon Boone, Co-owner & Director of Community & Minor Hockey Engagement, and Mike Cressman, of the Niagara Falls Riverhawks, addressed Council regarding Report R&C-2024-09. Moved by Councillor Mike Strange Seconded by Councillor Wayne Thomson 1. THAT Council APPROVE the extension of the existing agreements with the Jr A and Jr C teams for Five (5) years with the same financial terms. 2. That the Mayor and Clerk BE AUTHORIZED to execute the extension agreements. Carried (Councillor Lococo was opposed to the vote). 8.7. Council returned to address Item #8.1 on agenda. After Council discussed Item #8.5, Council addressed Item #8.7, followed by the Consent Agenda. R&C-2024-10 Addendum to the Domed Columbaria Capital Budget Project – Building out Maple Grove Columbarium Garden in 2024 Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell 1. THAT Council APPROVE a 2024 Capital Budget Amendment of $345,000 for a total approved budget of $532,000, funded by capital special purpose reserves, to allow for the complete development of Maple Grove Columbarium Garden, thereby allowing Cemetery Services the opportunity to capitalize on an aggressive bid and economies of scale; and, 2. THAT Kyber Columbarium, the highest ranked proponent, BE AWARDED the contract to complete the proposed installation of three domed columbarium and a columbarium wall (five units) in the Maple Grove Columbarium Garden in 2024. Page 8 of 19 Page 20 of 326 Carried Unanimously (Councillor Strange was absent from vote). 8.4. L-2024-11 2024-2025 Insurance Program Renewal This report was discussed after the In-Camera meeting at 11:03 PM. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council RECEIVE Report L-2024-11, 2024-2025 Insurance Program Renewal for information; THAT Council APPROVE the 2024-2025 Comprehensive Insurance Program from Intact Public Entities Inc. (IPE); THAT Council AUTHORIZE the City Solicitor to execute the necessary documents with IPE for the provision of Comprehensive Insurance Services for the period July 1, 2024 - June 30, 2025 in the amount of up to approximately $2,138,644.00 plus applicable taxes. Carried Unanimously (Councillors Campbell, Strange and Thomson were absent from the vote). 9. CONSENT AGENDA Councillor Patel & Nieuwesteeg left chambers at 9:53 PM and returned at 9:54 PM. 9.1. F-2024-22 2023 Development Charges Treasurer's Statement Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council RECEIVE report F-2024-22 2023 Development Charges Treasurer's Statement for information. Carried Unanimously (Councillor Strange was absent from vote). 9.2. F-2024-23 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 Damian Bernacik, lawyer acting on behalf of owners of 3846 Portage Road, addressed Council in regard to a Tax Relief Application made under section 357 and 358 of the Municipal Act for the 2022 and 2023 taxation years. Moved by Councillor Mona Patel Seconded by Councillor Wayne Thomson THAT Council APPROVE the cancellation, reduction or refund of taxes on the Page 9 of 19 Page 21 of 326 various accounts listed in the attached summary and granted to the property owners listed. Carried Unanimously (Councillor Strange was absent from vote). 9.3. MW-2024-28 Parking Services - Request for 2024 Capital Budget Amendment Moved by Councillor Victor Pietrangelo Seconded by Councillor Wayne Campbell THAT Council APPROVE a 2024 Capital Budget Amendment to create project PRKG 53-24 for the Municipal Parking Lot #3 retaining wall replacement with a total budget of $45,000 (inclusive of non-recoverable HST), to be funded by the Parking Reserve. Carried Unanimously (Councillor Strange was absent from vote). 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK a) Motion to extend Council Meeting past 10:00 PM curfew. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Victor Pietrangelo THAT Council EXTEND the Council meeting past the 10:00 PM Curfew. Carried Unanimously (Councillor Strange was absent from vote). 10.1. Flag-Raising Request - Nikola Tesla Day - Tesla Fest 2024 The Nikola Tesla Festival organizer requested Niagara Falls' Council's approval for a flag-raising on Wednesday, July 10, 2024 in front of City Hall in honour of Nikola Tesla Day and Tesla Fest 2024. Recommendation: For the Approval of Council. 10.2. Proclamation Request - Arthritis Awareness Month The Arthritis Society Canada requested a proclamation to declare September 2024 as "Arthritis Awareness Month." Recommendation: For the Approval of Council. 10.3. Proclamation Request - World Hepatitis Day Attached is a request for Council to proclaim Sunday, July 28, 2024 as "World Hepatitis Day" in Niagara Falls. Recommendation: For the Approval of Council. 10.4. Proclamation Request - International Trigeminal Neuralgia Awareness Day The Facial Pain Research Foundation along with the Canadian Trigeminal Neuralgia Association (Niagara) requested that Council proclaim Monday, October 7, 2024 at "International Trigeminal Neuralgia Awareness Day. Page 10 of 19 Page 22 of 326 Recommendation: For the Approval of Council. 10.5. Resolution - Town of Fort Erie - Continuation of Urgent Care Centre Operation in Fort Erie (& Port Colborne) Attached is a resolution passed by the Municipal Council of the Town of Fort Erie at its meeting of May 27, 2024. Recommendation: THAT Council SUPPORT the resolution passed by the Town of Fort Erie. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council APPROVE/SUPPORT Item #10.1 through to and including #10.5. Carried Unanimously (Councillor Strange was absent from vote). 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Resolutions - Niagara Peninsula Conservation Authority Attached are two resolutions from the Niagara Peninsula Conservation Authority (NPCA) pertaining to Board direction. Recommendation: THAT Council RECEIVE for information. 11.2. Niagara Region Correspondence Attached is correspondence sent from the Niagara Region regarding the following: 1. Niagara Region Motion Reaffirming Niagara Region's Commitment to the Expansion of All-day, Two-way Go Train Service 2. Niagara Region Report PDS 18-2024 Staff Comments on Proposed Provincial Planning Statement (2024) 3. Niagara Region Report PDS 16-2024 2023 Reserve Water and Wastewater Treatment Capacities 4. Niagara Region Report PDS 13-2024 Niagara Employment Inventory Results Recommendation: THAT Council RECEIVE for information. 11.3. Resolution - Township of Larder Lake - Asset Retirement Obligation At the Township of Larder Lake Regular Council Meeting held Tuesday, June 11th, 2024, the attached resolution of support was adopted: Motion to support the Township of Harleys resolution regarding Asset Retirement Obligation PS 3280. Recommendation: THAT Council RECEIVE for information. Moved by Councillor Victor Pietrangelo Page 11 of 19 Page 23 of 326 Seconded by Councillor Wayne Campbell THAT Council RECEIVE FOR INFORMATION Item #11.1. through to and including Item #11.3. Carried Unanimously (Councillor Strange was absent from vote). 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Lundy's Lane BIA - 2024 Budget Attached is the Lundy's Lane BIA 2024 budget. Recommendation: THAT Council APPROVE the 2024 budget for the Lundy's Lane BIA. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council APPROVE the 2024 budget for the Lundy's Lane BIA. Carried Unanimously (Councillor Strange was absent from vote). 12.2. Xscape Colour Festival Food Truck Request Attached is a letter from Lynne McIntee, Host of Programs and Director of Development, Festivals & Special Events with Youth for Change Inc. requesting that food trucks be permitted at the Gale Centre on Saturday July 27, 2024 for the Xscape Colour Festival. Recommendation: That Council APPROVE the one day request for food trucks to be located on City property (Gale Centre) for the Xscape Colour Festival taking place on Saturday July 27, 2024. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg That Council APPROVE the one day request for food trucks to be located on City property (Gale Centre) for the Xscape Colour Festival taking place on Saturday July 27, 2024. Carried Unanimously (Councillor Strange was absent from vote). 12.3. Appointments to Accessibility Advisory Committee Results of the citizen appointments to the Accessibility Advisory Committee will be read aloud by the City Clerk, Bill Matson. Moved by Councillor Lori Lococo Seconded by Councillor Mona Patel THAT Staff be DIRECTED to open the application process for interested residents to apply to be on the Accessibility Advisory Committee. Carried Unanimously (Councillor Strange was absent from vote). Page 12 of 19 Page 24 of 326 13. RATIFICATION OF IN-CAMERA Council went back In-Camera at 10:05 PM. a) Ratification of In-Camera Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council AUTHORIZE staff to proceed with completing the Cyber Initiatives for the additional estimated cost of $170,000; THAT Council APPROVE a 2024 Capital Budget Amendment of $170,000 funded from the OLG Reserve Fund; and THAT Council REFER the 2025 Operating Budget Impact in the amount of $60,000 ($43,000 net savings) to the 2025 Operating Budget Process; and THAT Council DIRECT that the City enter into an Encroachment Agreement with Steadfast Hospitality Inc. to permit a sidewalk patio at 6361 Fallsview Boulevard; THAT Council AUTHORIZE the Mayor and the City Clerk to execute the required Encroachment Agreement; AND THAT Council AUTHORIZE the City Solicitor to register the Encroachment Agreement on title. Carried Unanimously (Councillors Campbell, Thomson and Strange were absent from the vote). 14. NOTICE OF MOTION/NEW BUSINESS a) Panhandlers in the City Councillor Mona Patel brought forth the issue of panhandlers in the City (ie. Dorchester and Morrison) and was looking for information as to whether it is legal? Jason Burgess, CAO, addressed the issue explaining that our Municipal By-law Enforcement Officers can move them along but the issue remains challenging to manage. The Niagara Regional Police will be making a presentation before Council in the near future and it was suggested that this issue be brought before them at this time. b) Vacant Building Registry Councillor Patel was looking for additional information pertaining to the vacant building registry. Jason Burgess, CAO, stated that this was an initiative brought forth by staff a few years ago and that Planning will bring a report to Council for information. c) Notice of Motion - Property Standards By-law Councillor Patel brought forth the following notice of motion: My notice of motion is for an amendment to the property standards by-laws to expand the scope of property standards by-law to include grass, weed on boulevards, islands, traffic triangles, roundabout, vacant buildings , graffiti and overflowing garbage at the public parks and trails. Part of the motion is also to direct BIAs and commercial plaza owners to do their first land scaping including grass cuttings, weed clean up, and flower planting(if possible) before the Victoria Day long weekend if permitted by weather. Page 13 of 19 Page 25 of 326 d) Notice of Motion - Downtown Committee Councillor Patel brought forth the following notice of motion: I would like to propose a motion that Council forms a Downtown Committee made up of; Council Members, and the Downtown Merchants or other Stake Holders, who would oversee the business expenditures, programming, and beautification until such time as the desire for a BIA is realized. Committee will deal with items such as; Cameras, Flowers, the Santa Clause Parade, and special events. Also, they will provide ideas to increase local traffic and business measures to take advantage of the thousands of people coming off the Terminals every week. I would also like to extend a request for the appointment application process, criteria; including the area of expertise, the vision for downtown, and other relevant experience. Staff to come back with a process by which we form the committee. e) Transit Costs Councillor Lococo was looking for an update on a previous item regarding the Niagara Region and the Transit Commission. Staff to follow-up to provide information/update. f) Water Conservation Councillor Lococo is looking for Staff to educate the public as to how to conserve and preserve water. Direction to Staff: To DIRECT Communications staff to update our website to be able to have residents post tips/tricks on ways to conserve/preserve water. 15. MOTIONS 15.1. City of Niagara Falls - Residential Parking Pass At the Council meeting of May 28, 2024, Mayor Jim Diodati brought forth the following motion: Motion: Request that Staff implement a "Residential Convenience Pass" providing an opportunity for residents to park on street on municipal streets and roads for $35 + HST per calendar year with the following conditions: 1. Price is $35+HST per calendar year, not pro-rated (so buy early and get a better deal). 2. Two (2) hours per zone, per day. Zones include Downtown, Main/Ferry, Chippawa, Victoria/Centre, and Fallsview. 3. Two (2) license plates per permit at the same address. 4. Valid for on-street paid spaces only. Not valid for municipal parking lots or restricted zones. Page 14 of 19 Page 26 of 326 Moved by Mayor Jim Diodati Seconded by Councillor Victor Pietrangelo Request that Staff implement a "Residential Convenience Pass" providing an opportunity for residents to park on street on municipal streets and roads for $35 + HST per calendar year with the following conditions: 1. Price is $35+HST per calendar year, not pro-rated (so buy early and get a better deal). 2. Two (2) hours per zone, per day. Zones include Downtown, Main/Ferry, Chippawa, Victoria/Centre, and Fallsview. 3. Two (2) license plates per permit at the same address. 4. Valid for on-street paid spaces only. Not valid for municipal parking lots or restricted zones. Carried Unanimously (Councillors Campbell, Strange and Thomson were absent). 15.2. Provincial Cemetery Management Support Request At the Council meeting of May 28, 2024, Councillor Lori Lococo brought forth the attached motion pertaining to cemetery management. Moved by Councillor Lori Lococo Seconded by Councillor Tony Baldinelli Whereas under the Funeral, Burial and Cremation Services Act, 2002 (FBCSA), when a cemetery is declared abandoned by a judge of the Superior Court Justice, the local municipality within whose geographic boundaries the land of the cemetery is located, becomes the owner of the cemetery with all the rights and obligations in respect of the cemetery and the assets, trust funds and trust accounts related to it that the previous owner or operator possessed; And Whereas over the last decade, there has been an increase in the number of churches and local cemetery boards initiating processes to transfer ownership or abandon their owned and operated cemeteries to the local municipality due to such issues as high maintenance costs, inaccuracy of records, lack of financial and human resources to effectively operate and maintain the cemetery, increased regulatory processes regarding training, selling of interment rights, financial operation of the care and maintenance fund, etc.; And Whereas municipalities experience the same issues and pressures that churches and local boards experience with the operation and maintenance of cemeteries within its jurisdiction, and additional transfers of cemetery lands Page 15 of 19 Page 27 of 326 only compound the burden on municipal taxpayers; And Whereas cemeteries are important infrastructure where the reasonable costs for interment rights, burials, monument foundations, corner stones and administration charges do not sufficiently support the general operation of cemeteries; And Whereas the interest earned from the care and maintenance fund(s) of a cemetery do not provide adequate funding to maintain the cemetery with the rising costs of lawn and turf maintenance contracts and monument restoration; Now Therefore Be It Resolved that Council of the the City of Niagara Falls requests that the Province through the Ministry of Public and Business Service Delivery and the Bereavement Authority of Ontario (BAO) consider the following to assist municipalities in this growing concern of cemetery transfers: - Amending the Funeral, Burial and Cremation Services Act, 2002 (FBCSA), to have the Province, through the BAO, identified as the default owner and operator of a cemetery when it is abandoned; - Provide annual funding (based on the number of cemeteries a municipality owns and operates) to municipalities to assist with the maintenance of inactive and active cemeteries; - Provide free training opportunities for municipalities regarding cemetery administration; and, - Investigate and support the design of universal cemetery software for use by municipal cemetery operators that can be offered at an affordable cost; And that this resolution be circulated to the Hon. Todd McCarthy, Ministry of Public and Business Service Delivery, Jim Cassimatis, BAO Interim CEO/Registrar, MPP Jill Dunlop and all Ontario municipalities. Carried Unanimously (Councillor Strange, Campbell and Thomson were absent from vote). Notice of Motion - Cemetery Management 16. BY-LAWS 2024- 059. A by-law to provide for the adoption of Amendment No. 167 to the City of Niagara Falls Official Plan (AM-2023-034). 2024- 060. A by-law to amend By-law No. 79-200 to permit the use of the lands for 60 stacked townhouse dwelling units and a mixed-used building with 4 ground floor commercial units fronting onto Lundy’s Lane and 8 dwelling units above the ground floor, subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM-2023-034). 2024-A by-law to provide for the adoption of Amendment No. 166 to the City of Page 16 of 19 Page 28 of 326 061. Niagara Falls Official Plan (AM-2022-024). 2024- 062. A by-law to amend By-law No. 79-200, to permit the use of the lands for 255 townhouse dwellings and up to 46 Additional Dwelling Units (ADUs), establish two outdoor amenity areas, and repeal By-law No. 2008-108, subject to the removal of a Holding (H) symbol and a 3-year sunset clause (AM-2022-024). 2024- 063. A by-law to declare Part Lot 7, Block “GG”, Plan 999 & 1000, Part Township Lot 93, being Part 1, 59R-17565, in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. 2024- 064. A by-law to permanently close part of a highway 2024- 065. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 18th day of June, 2024. Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT the by-laws be read a first, second and third time. Carried (Councillor Lococo was opposed to by-law 2024-061 and by-law 2024-062 and Councillors Campbell, Strange and Thomson were absent from the vote). 17. ADJOURNMENT a) Adjournment Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Tony Baldinelli THAT Council AJOURN the meeting at 12:02AM. Carried Unanimously (Councillor Strange, Campbell and Thomson were absent from vote). Mayor City Clerk Page 17 of 19 Page 29 of 326 SUBJECT : Provincial Cemetery Management Support Request BACKGROUND: Throughout Ontario, there has been an increase in the number of churches and local cemetery boards initiating the process to transfer the ownership or abandon the cemetery to the municipality. Municipalities are responsible for the cost, administration and maintenance of abandoned cemeteries. Several municipali�es in the Province have passed resolu�ons asking for annual funding, staff training as well as appropriate and affordable so�ware development for all municipali�es to use to administer these cemeteries. RESOLUTION: Whereas under the Funeral, Burial and Crema�on Services Act, 2002 (FBCSA), when a cemetery is declared abandoned by a judge of the Superior Court Jus�ce, the local municipality within whose geographic boundaries the land of the cemetery is located, becomes the owner of the cemetery with all the rights and obliga�ons in respect of the cemetery and the assets, trust funds and trust accounts related to it that the previous owner or operator possessed; And Whereas over the last decade, there has been an increase in the number of churches and local cemetery boards ini�a�ng processes to transfer ownership or abandon their owned and operated cemeteries to the local municipality due to such issues as high maintenance costs, inaccuracy of records, lack of financial and human resources to effec�vely operate and maintain the cemetery, increased regulatory processes regarding training, selling of interment rights, financial opera�on of the care and maintenance fund, etc.; And Whereas municipali�es experience the same issues and pressures that churches and local boards experience with the opera�on and maintenance of cemeteries within its jurisdic�on, and addi�onal transfers of cemetery lands only compound the burden on municipal taxpayers; And Whereas cemeteries are important infrastructure where the reasonable costs for interment rights, burials, monument founda�ons, corner stones and administra�on charges do not sufficiently support the general opera�on of cemeteries; And Whereas the interest earned from the care and maintenance fund(s) of a cemetery do not provide adequate funding to maintain the cemetery with the rising costs of lawn and turf maintenance contracts and monument restora�on; Now Therefore Be It Resolved that Council of the the City of Niagara Falls requests that the Province through the Ministry of Public and Business Service Delivery and the Bereavement Authority of Ontario (BAO) consider the following to assist municipali�es in this growing concern of cemetery transfers: Page 18 of 19 Page 30 of 326 -Amending the Funeral, Burial and Crema�on Services Act, 2002 (FBCSA), to have theProvince, through the BAO, iden�fied as the default owner and operator of a cemetery whenit is abandoned; -Provide annual funding (based on the number of cemeteries a municipality owns andoperates) to municipali�es to assist with the maintenance of inac�ve and ac�vecemeteries; -Provide free training opportuni�es for municipali�es regarding cemetery administra�on; and, -Inves�gate and support the design of universal cemetery so�ware for use bymunicipal cemetery operators that can be offered at an affordable cost; And that this resolu�on be circulated to the Hon. Todd McCarthy, Ministry of Public and Business Service Delivery, Jim Cassima�s, BAO Interim CEO/Registrar, MPP Jill Dunlop and all Ontario municipali�es. Page 19 of 19 Page 31 of 326 PBD-2024-26 Report Report to: Mayor and Council Date: July 16, 2024 Title: AM-2021-026, Zoning By-law Amendment 3897 Welland Street Proposal: To rezone the lands to a site-specific Residential Mixed (R3) Zone to permit the development of five on-street townhouse dwellings Applicant: Paul Peter Tries & Gayle Amy Tries Agent: NPG Planning Solutions (Aaron Butler / Asawari Modak) Recommendation(s) 1. That Council approve the Zoning By-law Amendment to rezone the lands to a site-specific Residential Mixed (R3) Zone to permit the development of five on- street townhouse dwellings, subject to the regulations outlined in this Report. Executive Summary Paul Peter Tries and Gayle Amy Tries have requested a Zoning By-law Amendment for 0.13 hectares (0.32 acres) of land known municipally as 3897 Welland Street to facilitate the development of five on-street townhouse dwellings. The Amendment is recommended for the following reasons:  The proposed development conforms with Provincial, Regional, and City policies as complete a of achievement the transit and supportive is it supports community, will assist the City in meeting its intensification targets, and will provide additional housing choices for residents of the Chippawa community;  The proposed development represents gentle intensification, and the proposed density and built form conform with the intent of the City’s Official Plan;  The proposal will minimize urban land consumption and efficiently use underutilized land;  There is the availability to either utilize or extend existing municipal services, and no traffic / transportation impacts are expected; and, Page 1 of 15 Page 32 of 326  The proposed site-specific amendments to the Residential Mixed (R3) Zone are appropriate for the area and conform with the intent of the Official Plan. Background In November 2021, Paul Peter Tries and Gayle Amy Tries requested an Official Plan Amendment on shown as subject the lands Amendment By-law Zoning and for Schedule 1. The applications were requested to facilitate the construction of eight stacked townhouse dwellings on the 0.14 hectare (0.32 acres) parcel of land located at 3897 Welland Street. A public open house was held on February 7, 2021, where members of the public attended and voiced their concerns relative to the proposal. In response to the concerns raised, the applicant revised the proposal to reduce the number of dwellings to five and to change the dwelling type to on-street townhouse dwellings. Since only five dwellings are currently being proposed instead of the original eight, the Official Plan Amendment is no longer required as the proposed density meets the requirements of the Official Plan. In 2019, a proposal to sever the land into two parcels with areas of 637m2 and 653m2 was approved by the Committee of Adjustment. The applicant failed to meet all the conditions imposed by the Committee and, as a result, the decision lapsed. The City’s Official Plan designates the subject property as Residential. The Residential designation permits various residential uses, including on-street townhouse dwellings, and a maximum density of 40 units per hectare. The revised proposal contains five on- street dwellings at a density of 38.4 units per hectare. As such, an Official Plan Amendment is no longer required for the revised proposal. The subject lands are currently zoned Residential Two (R2) Zone in accordance with Zoning By-law No. 79-200, as amended. The proposed Zoning By-law Amendment requests the lands be rezoned to a site-specific Residential Mixed (R3) Zone to permit the proposed on-street townhouse dwellings and reductions to the rear yard depth. Further, the applicant is proposing to establish Oliver Street as the front lot line. Staff note that the five on-street townhouse dwellings are not subject to Site Plan Control, as Site Plan Control is only required when more than ten dwellings are proposed. Future consent applications will be required if the Owner intends to sell the dwellings/lots lot serviced be to each This would approach freehold. as require individually and the extension of municipal services on Oliver Street at the applicant’s expense. Alternatively, if the dwellings are intended as rentals or will be registered under the from serviced be could Condominium, the of Plan a existing lands infrastructure on Welland Street. The submitted Functional Servicing Report (FSR) contemplates both servicing options. Page 2 of 15 Page 33 of 326 Site Conditions and Surrounding Land Uses The subject lands currently contain one detached dwelling. The existing dwelling is proposed to be demolished as a part of this proposal to make space for the five proposed on-street townhouse dwellings. The surrounding uses consist of detached dwellings to the north, east, south and west. Additional land uses in the area include an elementary school to the east and a public park to the south. Circulation Comments Regional Municipality of Niagara  No concerns or objections to the proposed Zoning By-law Amendment. A Stage 1-2 Archaeological Assessment, prepared by Detritus Consulting Ltd. and dated December, 2, 2021, was submitted with the application. No archaeological resources were identified or documented. The Assessment has been entered into the Ontario Public Register of Archeological Reports. Municipal Works (Development Engineering)  No concerns or objections to the proposed Zoning By-law Amendment.  Staff note that there is no existing sanitary sewer or watermain on Oliver Street and that these services will need to be extended from Welland Street at the sole cost of the applicant to service the proposed lots.  Design of the sewer and watermain extensions will need to be prepared by an engineer licensed in the province of Ontario. Design to be submitted to Municipal Works for review and approval prior to construction.  A Development Agreement/Road Occupancy Permit will be required to construct the extension of the existing sanitary sewer and watermain to service proposed townhouse dwellings.  Municipal Works (Transportation Services)  Transportation Services have no concerns or objections to the proposed Zoning By-law Amendment.  Oliver Street is also a local City road and is 15.24 metres (50 feet) wide.  A daylight triangle measuring 5.0 metres by 5.0 metres will be required at the intersection of Welland Street and Oliver Street. This daylight triangle was a condition of a previous consent application and does not appear to have Page 3 of 15 Page 34 of 326 been finalized. Staff note that the daylight triangle will be taken through any future consent applications or Draft Plan of Condominium applications.  A Traffic Impact Study was not required or warranted.  The site is serviced by Niagara Region Transit routes #106/206 and 112. Buses proceed northeast on Welland Street then turn right onto Oliver Street. A bus stop is located at the intersection of Welland Street & Oliver Street, next to Chippawa Lions Park. The intersection of Welland Street and Oliver Street is an all-way stop. Urban Design and Landscape Services  Should consent or Draft Plan of Condominium applications be required to facilitate the proposed development, parkland dedication shall be provided as a cash-in-lieu payment at the current prescribed rate of 5% for residential uses.  The removal of municipal street trees will require compensation in accordance with the City’s Schedule of Fees. The 2024 fee is $900.00 per tree.  The submission of a Landscape Plan will be required should a future Draft Plan of Condominium application be required to facilitate the proposed development.  A 1.8 m high wood privacy fence will be required where the site abuts existing residential uses. This will be secured through conditions of any future consent or Draft Plan of Condominium applications (as applicable).  It is recommended that utility and gas meters are located or screened from view from the street/public realm.  The applicant will be removing a number of trees from the site. Through Draft Plan of Condominium or during a consent application, Staff would require a Tree Preservation Plan. Building Services  If granted approval, the applicant will be required to obtain all necessary building permits for each on-street townhouse dwelling.  The applicant will be required to obtain demolition permits for each existing structure on the property. Page 4 of 15 Page 35 of 326  A spatial-separation fire-protection and fire separation review shall be conducted upon submission of the building permit application.  All necessary building permit fees and securities shall be assessed at the time of building permit application review.  Municipal, Regional, and Educational Developments Charges fees will be assessed at the time of building permit application review. Fire Department  No objections. Permits to demolish any existing structures shall be obtained from the City of Niagara Falls Building Department. GIS Services & Enbridge  No objections. Neighbourhood Comments The first public open house was held on February 7, 2021 and was attended by twelve area residents. The plan shared with residents was for an eight-unit stacked townhouse development (see Schedule 3), which has since been revised to five on- street townhouse dwellings (see Schedule 2). The residents’ concerns are summarized as follows:  Compatibility  Lack of amenity space for residents  Parking  Affordability  Snow removal  Traffic congestion  Narrow width of Oliver Street  Privacy Upon receipt of the revised plan showing five on-street townhouses (Schedule 2), and given the amount of time that had passed between submissions, a second public open house was held on June 3, 2024 and was attended by five area residents. The residents’ concerns are summarized as follows:  On-street parking  Privacy in the rear yard  Increased volume of traffic  Narrow width of Oliver Street  Drainage  Inconsistent with the existing fabric of the neighborhood  Snow removal Page 5 of 15 Page 36 of 326 In response to the concerns of the area residents, Staff note the following:  A revised plan has been submitted. Five on-street townhouse dwellings are now proposed rather than the original eight stacked townhouse dwellings. Staff are of the opinion that the proposal represents gentle intensification, and that the proposed built form, density and configuration is more compatible with the existing neighbourhood.  Transportation Services indicated that they have no concerns with the proposal and did not request a Traffic Impact Study as the development is not expected to generate a significant volume of traffic.  The applicant has indicated that fencing or vegetation could be installed to mitigate privacy concerns along the rear yard of the proposed development. This will be secured through conditions of any future consent or Draft Plan of Condominium applications (as applicable).  A grading plan will be required at the time of the building permit to ensure that there a properties surrounding the from impact negative no on is grading/drainage perspective.  The revised configuration features larger front yards which can be used for snow storage during the winter months.  The Fire Department has confirmed that there are no concerns with the width of Oliver Street. If it is determined that on-street parking becomes an issue for emergency by vehicle access, parking restrictions could be implemented Transportation Services. Page 6 of 15 Page 37 of 326 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; and,  transit is Built-up the within Area, is development proposed located The supportive, will contribute to the City’s annual residential intensification target, will diversify the type of housing available to residents in the Chippawa community, and will support the achievement of a complete community. 2. Regional Official Plan The subject lands are designated Delineated Built-Up Area in the Regional Official Plan. The proposed development conforms as follows:  The site is located within the urban area, represents an efficient use of urban land, and will utilize existing municipal infrastructure and services; and,  The proposal will assist with achieving the City’s minimum residential intensification target of 50% occurring annually within the Built-up Area. 3. City Official Plan The City’s Official Plan designates the subject lands as Residential. The proposal complies with the intent of the Official Plan as follows:  The proposal will introduce five on-street dwellings at a density of 38.4 units per hectare, which is permitted under the Residential land use designation that allows various residential uses and a maximum density of 40 units per hectare;  The proposal will minimize urban land consumption and efficiently uses underutilized land;  There is the availability to either utilize or extend existing municipal services, and no traffic / transportation impacts are expected; Page 7 of 15 Page 38 of 326  The proposal aligns with the City’s housing policies which promote multi-unit developments, smaller lot sizes, and the development of underutilized parcels. Further, the proposal will contribute to and diversify the City’s supply of housing; and,  Staff note that the application was received in November of 2021, prior to By-law No. 2023-006 coming into force and effect, which introduced new Official Plan policies with respect to affordable housing for the purpose of implementing the City of Niagara Falls Housing Strategy. As such, the application is not being assessed for conformity with Part 1, Section 4, Policy 4.4 of the City’s Official Plan. Staff note that the applicant has not indicated the estimated sale/rental prices of the proposed dwellings. Additionally, the applicant has indicated that since two servicing options are being explored, an accurate price range for the proposed units cannot be determined at this time. 4. Zoning By-law The applicant is proposing to rezone the land to a site-specific R3 Zone. The Draft Amending permits Zone R3 The A. on-street as attached is By-Law Appendix townhouse dwellings. The site-specific amendments are summarized in the table below. ZONE REGULATIONS EXISTING REGULATIONS REQUESTED REGULATIONS STAFF RECOMMENDATION Minimum Rear Yard Depth 7.5 m 5 m Support Front Lot Line (for a Corner Lot) Shortest Lot Line Abutting Street (Welland Street) Oliver Street Support Staff support the proposed change from the R2 Zone to an R3 Zone with the above requested site-specific regulations for the following reasons:  The reduced rear yard depth does not represent a significant decrease and will leave ample room for amenity space in the rear yard. The proposed lots are also wider than what is required by the Zoning By-law, which assists with offsetting the amenity space that is lost as a result of the reduction to rear yard depth Furthermore, be can spaces parking ensures that reduction the two accommodated in the driveway for each dwelling, whereas only one parking space is required, which will limit the demand for on-street parking.  The request to designate Oliver Street as the front lot line is for technical purposes as the proposed dwellings will front onto Oliver Street. This provision will help to secure the layout of the proposed development. 5. Sunset Clause Page 8 of 15 Page 39 of 326 Staff are not recommending the inclusion of a sunset clause in the amending by-law as the proposal is not subject to Site Plan Control, nor is a Draft Plan of Condominium required to facilitate the development. If the applicant intends on registering the units under a Plan of Condominium, the conditions of approval would be subject to a three- year expiry period, which would serve a similar function to a sunset clause. Operational Implications and Risk Analysis There are no operational implications associated with this proposal. Financial Implications/Budget Impact The proposed development will generate development charge contributions and property tax revenue for the City. There are no other financial implications. Strategic/Departmental Alignment Although this proposal does not directly align with the Pillars of the 2023-2027 Strategic Plan, it does support the achievement of a liveable community and increase the supply of housing in support of the City’s housing targets and pledge. Strategic Plan Pillars List of Attachments Schedule 1 Schedule 2 Schedule 3 Appendix A Written by: Chris Roome, Planner 2 Submitted by: Status: Signe Hansen, Director of Planning Approved - 11 Jul 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 11 Jul 2024 Jason Burgess, CAO Approved - 12 Jul 2024 Page 9 of 15 Page 40 of 326 SCHEDULE 1 Location Map Page 10 of 15 Page 41 of 326 SCHEDULE 2 Revised Conceptual Site Plan (January 2021) Page 11 of 15 Page 42 of 326 SCHEDULE 3 Original Conceptual Site Plan (November 2021) Page 12 of 15 Page 43 of 326 CITY OF NIAGARA FALLS By-law No. 2024-XX A BY-LAW TO AMEND BY-LAW NO. 79-200, TO REZONE THE LANDS TO SITE SPECIFIC RESIDENTIAL MIXED ZONE (R3-XX) (AM-2021-026). 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-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 one parcel, known as Parcel R3-XX. 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 that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 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 the uses permitted in a n R3 Zone. 6. The regulations governing the permitted use of the Lands shall be: a. Minimum rear yard depth 5 metres b. For the purposes of this by-law, Oliver Street shall be deemed to be the front lot line c. The balance of regulations specified for R3 use 7. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The provisions of this By-law shall be shown on Sheet E6 of Schedule "A" of By- law No. 79-200 by redesignating the Lands from R2 to R3 and numbered XX. Appendix A Page 13 of 15 Page 44 of 326 2 Read a First, Second and Third time; passed, signed and sealed in open Council this 16th day of July, 2024. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Appendix A Page 14 of 15 Page 45 of 326 3 SCHEDULE 1 Appendix A Page 15 of 15 Page 46 of 326 Address: 3897 Welland Street Applicant: NPG Planning Solutions Proposal: To rezone the lands to a site-specific Residential Mixed (R3) zone to permit the development of five on-street townhouse dwellings Zoning By-law Amendment Application AM-2021-026 Page 47 of 326 A GREAT CITY…FOR GENERATIONS TO COME Location Subject Lands Detached Dwellings Catholic Elementary School Public Park Page 48 of 326 A GREAT CITY…FOR GENERATIONS TO COME Background Original Proposal –November 2021 Page 49 of 326 A GREAT CITY…FOR GENERATIONS TO COME Background Official Plan –Designated Residential within the City of Niagara Falls Official Plan. –Revised proposal does not exceed the permitted density and does not require an Official Plan Amendment. Zoning By-law No. 79-200 –Currently Zoned Residential Two (R2)Zone –Proposal to rezone the subject lands to a site-specific Residential Mixed (R3)Zone –Site-specific relief has been requested to permit the proposed on-street townhouse dwellings, reductions to the rear yard depth, and to establish Oliver Street as the front lot line.Page 50 of 326 A GREAT CITY…FOR GENERATIONS TO COME Site Plan Current Proposal Page 51 of 326 A GREAT CITY…FOR GENERATIONS TO COME Conceptual Rendering Page 52 of 326 A GREAT CITY…FOR GENERATIONS TO COME Conceptual Rendering Page 53 of 326 A GREAT CITY…FOR GENERATIONS TO COME Proposed Zoning Relief Permitted Uses Proposed: Street Townhouse Dwellings Deemed Lot Frontage Proposed: Oliver Street Required: Welland Street Min. Rear Yard Setback Proposed: 5 m Required: 7.5 m Page 54 of 326 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments •Public Information Open House was held on June 3rd, 2024. Five members of the public were in attendance. Staff Response Concern •Transportation Services and the Fire Department have no concerns with traffic or the width of Oliver Street.A Traffic Impact Study was not requested as the development is not expected to generate a significant volume of traffic. Traffic and On- street Parking •A Lot Grading Plan will be required at the time of the building permit to ensure that the lot drains appropriately. Drainage •Staff are of the opinion that the proposal represents gentle intensification and the proposed form,density and configuration is more compatible with the existing neighbourhood Inconsistent with Neighbourhood •The applicant has indicated that rear yard fencing or vegetation could be installed to mitigate any privacy concerns. Rear Yard Privacy Page 55 of 326 A GREAT CITY…FOR GENERATIONS TO COME Neighbourhood Comments Staff Response Concern •The proposal features larger front yards which can be used for snow storage during the winter months. Snow Removal •If it is determined that on-street parking becomes an issue for emergency vehicle access,parking restrictions could be implemented by Transportation Services Narrow Width of Oliver Street Page 56 of 326 A GREAT CITY…FOR GENERATIONS TO COME Recommendations •That Council approve the Zoning By-law Amendment to rezone the lands to a site specific Residential Mixed (R3) Zone to permit the development of five on-street townhouse dwellings, subject to the regulations outlined in this Report.Page 57 of 326 Prepared by NPG Planning Solutions 3897 Welland Street Zoning By-law Amendment July 16, 2024 Applicant: Paul & Gayle Tries Page 58 of 326 Surrounding Land Uses Lot Area: 0.13 hectares Lot Depth : approx. 64 m Lot Frontage : approx. 23 m (Welland Street) Existing Use: 1.5-storey detached dwelling on the Subject Lands Page 59 of 326 Previous proposal vs. New proposal Official Plan Amendment and Zoning By-law Amendment Zoning By-law Amendment 8 units with 10 parking spaces 5 units with 15 parking spaces 62 units per hectare 38.4 units per hectare Site-specific R4 zone with 6 site specific provisions Site-specific R3 zone with 2 site specific provisions PREVIOUS PROPOSAL NEW PROPOSAL Applications Requested ZBA No. of units & Parking Density Following the February 7, 2021, Open House meeting for the previous proposal, and the receipt of public comments, the proposal was revised Stacked Townhouses TownhousesProposed development Page 60 of 326 Proposed Development •5 units •3-storey townhouse development •Density: 38.4 units per hectare •3 parking spaces per lot (1 garage space and 2 driveway spaces) Site Plan prepared by Quartek Page 61 of 326 Proposed Development •5 units •3-storey townhouse development •Density: 38.4 units per hectare •3 parking spaces per lot (1 garage space and 2 driveway spaces) Conceptual perspective view prepared by Quartek Page 62 of 326 Zoning By-law Amendment Application 5 m WELLAND STREETOLIVER STREET 5.7 mExisting Zone: Residential 2 (R2) Proposed Zone: site-specific R3 Zone Site Specific Amendment: Minimum rear yard depth: 5 m instead of 7.5 m Oliver Street to be deemed as the front lot line Page 63 of 326 Public Comments The following comments were heard during the June 3, 2024 Open House meeting •Too many units and high density The proposal complies with the density set out in the Niagara Falls Official Plan •Street width is not sufficient No road widenings have been requested by the City. A daylight triangle was requested which has been provided. •Traffic concerns No traffic concerns have been raised by the City. A daylight triangle was requested which has been provided. Page 64 of 326 The application fulfills the requirements of the Planning Act Consistent with the Provincial Planning Policy Statement (2020), and is in conformance with the Growth Plan, Niagara Region Official Plan, and the City of Niagara Falls Official Plan; Appropriate intensification in the Built-up Area Project TimelineSummary Provision of new housing and diversification of the existing housing stock of the immediate area and the City Compatible with the adjoining community in terms of density and proposed housing type, and maintains a compatible built form with the surrounding low-rise properties Page 65 of 326 Thank you Page 66 of 326 1 Julie Hannah From:Candy Harris Sent:Tuesday, January 25, 2022 10:16 AM To:Julie Hannah Subject:Re: 3897 Welland St. Whew! Lots to read, but I think this will be an attractive addition to my street. Thank you, Julie. Stay safe. Candy On Tue, 25 Jan 2022 at 09:51, Julie Hannah <jhannah@niagarafalls.ca> wrote: Good morning Candy, The material that was received for this application is available at the following link: https://www.dropbox.com/sh/g53gi7yd8ry8d67/AAA1ulKAoR_3jLaMe_GtaVkva/AM-2021- 026%2C%20Welland%20Avenue%2C%203897?dl=0&subfolder_nav_tracking=1 have a nice day, Julie Julie Hannah, MES, MA, MCIP, RPP | Planner 2 | Planning, Building and Development | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4107 | Fax 905-356-2354 | jhannah@niagarafalls.ca From: Planning Emails <planningemails@niagarafalls.ca> Sent: January 24, 2022 4:50 PM Page 67 of 326 2 To: Julie Hannah <jhannah@niagarafalls.ca> Subject: FW: [EXTERNAL]-3897 Welland St. From: Candy Harris Sent: Monday, January 24, 2022 3:38 PM To: Planning Emails <planningemails@niagarafalls.ca> Subject: [EXTERNAL]-3897 Welland St. Hello ~ RE: (Assessment Roll No.: 2725-120-005-09300) Official Plan and Zoning By-law Amendment Application- City File: AM-2021-026 I live at 3874 Welland St. and would appreciate any information that you could forward to me concerning the property mentioned above. Thank you and stay safe. Regards, Candy Harris Sent from Mail for Windows 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 68 of 326 3 Page 69 of 326 1 Julie Hannah From:Pete Sent:Sunday, January 30, 2022 10:48 AM To:Julie Hannah Subject:POSSIBLE SPAM [EXTERNAL]-Objection to Application / City File: AM-2021-026 Follow Up Flag:Follow up Flag Status:Flagged My name is Pete Munger and I live at one block form this proposal / application, and have lived here for over 45 years. This application in it's present form is unacceptable because it allows for too high a density as well as insufficient parking. There should only be 6 units allowed reflecting the available space for adequate parking and in keeping with perhaps a minor variance to the R2 zoning. In the past a variance was permitted for the apartment building on the corner of Oliver and Main St. which has resulted in too many vehicles parking on the street and obstructing snow removal, etc. If this application were approved in it's current state there will be additional parking issues on street at that location simply because too little off street parking is provided for. Additional vehicles parked on the street will also increase the dangers for the school crossing at this corner by reducing the view around that corner. In summary only a six unit build should be permitted with the parking off street on a one for one ratio. Respectfully and without prejudice, Pete Munger 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 70 of 326 1 Julie Hannah From:fred jacobi Sent:February 2, 2022 3:30 PM To:Julie Hannah Subject:[EXTERNAL]-Fwd: 3897 oliver street chippawa Apologies but i forgot an h in the email address So just forwarded my original email Forwarded message --------- From: fred jacobi Date: Wed, Feb 2, 2022 at 3:27 PM Subject: 3897 oliver street chippawa To: <jhanna@niagarafalls.ca> Good afternoon I live around the corner on main st and am emailing to indicate my negative vote to allow an eight plex at the above address. In my humble opinion, the lot size is too small to house so many townhouses while still allowing proper parking spaces. That side of the street has no parking allowed but even if street parking were allowed; hoe do the first responders get through. Yes, I realize other streets are available but this a straight run basically from the firehall to main street. Next, it is a residential area and i feel this would drastically change the ambience of the neighbourhood as well as affect the nearby school and buses. Finally I am guessing the sewer and water systems would be overloaded with so many extra families affecting an already troubled system. Thank you for taking the time to read this and feel free to share my thoughts with council as I am not available for the virtual meeting. Sincerely, Fred Jacobi 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 71 of 326 1 Julie Hannah From:Candy Harris Sent:February 3, 2022 9:42 AM To:Julie Hannah Subject:[EXTERNAL]-3897 Welland St. - (Assessment Roll No.: 2725-120-005-09300) Good morning, Julie ~ Please send the link needed to participate in the open house on February 7th regarding the proposed townhouses. Although I prefer not to speak during the meeting, I'd very much like the following points discussed: Firstly, my concern about this project is that the trees near the corner of Oliver and Welland Sts. might be removed for expediency sake. In my opinion, the building design is very unattractive and the fact that I'll have to look at it every day might be easier to take if the trees on the corner are left standing in order to make the barracks-like design a little more palatable. Also, will the back and side yards be fenced? Secondly, the 4-way stop on the corner of Oliver and Welland must be replaced with full-stop signs on either Oliver or Welland. Drivers using Welland St. consider the 4-way stop signs merely a suggestion and very few people actually come to a full stop at this corner. Of course, the constant raceway speeding is an issue for another day. Thank you, Julie. Peace, Candy Harris 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 72 of 326 1 Julie Hannah From:Pat Young Sent:Saturday, February 5, 2022 11:40 AM To:Julie Hannah Subject:POSSIBLE SPAM [EXTERNAL]-Proposal for rezoning Follow Up Flag:Follow up Flag Status:Completed As a resident of Chippawa, I am writing to voice my objection to the proposed 8 unit complex at the corner of Welland St and Oliver St in Chippawa. Oliver is a very narrow street, and is also a city bus route, a fire route, not to mention school busses to and from Sacred Heart school which is a short distance away. That corner is already congested, with school crossings and the entrance to Lions Park. My granddaughter walks down Oliver to the park to catch her school,bus. I fear for her safety. To put an 8 unit complex on a lot that presently holds a single family dwelling is ludicrous. This proposal needs to be denied. Patricia Young Sent from my iPad 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 73 of 326 1 Julie Hannah From:Cathy Sage Sent:Sunday, February 6, 2022 12:39 PM To:Julie Hannah Subject:[EXTERNAL]-Fwd: Zoning By-Law Amendment Application Date: Sun., Feb. 6, 2022, 12:26 p.m. Subject: Zoning By-Law Amendment Application To: jhannah@niagarafalls.ca <jhannah@niagarafalls.ca> Re: 3897 Welland St. Roll # 2725-120-005-09300 Zoning By-Law Amendment Application City File – AM-2021-026 I am opposed to the Zoning By-Law amendment from R2 zoning to R4 zoning. The development of this size will cause more congestion on this crossroad of Welland Street and Oliver Street. This 4 way stop is a very busy intersection at the current time with Sacred Heart School immediately behind the duplex on this corner, and Lions Park with the playground, pool, splash pad, Tennis Courts, track, and Baseball diamond. At present this corner is very busy with people coming and going on a normal day and is even busier when there are events at the school or at Lions Park. The addition of the R4 dwelling, will increase the traffic at this corner exponentially. There is a crossing guard at this corner daily during school hours and there is a lot of foot traffic with small children. This is right where the proposed driveways for this structure will be. Parking is another problem. The proposed 16 parking spots is not enough with respect to any one of these units having guests. Where will guests park on this busy corner? This Official Plan amendment and Zoning Bylaw amendment is a real problem and I am against this change for the safety of the residents of Chippawa. Cathy Sage Page 74 of 326 2 The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. 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 75 of 326 1 Julie Hannah From:Diane Wilson, Wilson Financials Sent:Sunday, February 6, 2022 12:27 PM To:Julie Hannah Subject:[EXTERNAL]-Zoning By-Law Amendment Application Re: 3897 Welland St. Roll # 2725-120-005-09300 Zoning By-Law Amendment Application City File – AM-2021-026 I am opposed to the Zoning By-Law amendment from R2 zoning to R4 zoning. The development of this size will cause more congestion on this crossroad of Welland Street and Oliver Street. This 4 way stop is a very busy intersection at the current time with Sacred Heart School immediately behind the duplex on this corner, and Lions Park with the playground, pool, splash pad, Tennis Courts, track, and Baseball diamond. At present this corner is very busy with people coming and going on a normal day and is even busier when there are events at the school or at Lions Park. The addition of the R4 dwelling, will increase the traffic at this corner exponentially. There is a crossing guard at this corner daily during school hours and there is a lot of foot traffic with small children. This is right where the proposed driveways for this structure will be. Parking is another problem. The proposed 16 parking spots is not enough with respect to any one of these units having guests. Where will guests park on this busy corner? This Official Plan amendment and Zoning Bylaw amendment is a real problem and I am against this change for the safety of the residents of Chippawa. Diane Wilson The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. 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 76 of 326 1 Julie Hannah From:Jeff Dubas Sent:Sunday, February 6, 2022 7:45 PM To:Julie Hannah Subject:[EXTERNAL]-3897 Welland St. Re: 3897 Welland St. Roll # 2725-120-005-09300 Zoning By-Law Amendment Application City File – AM-2021-026 I am opposed to the Zoning By-Law amendment from R2 zoning to R4 zoning. The development of this size will cause more congestion on this crossroad of Welland Street and Oliver Street. This 4 way stop is a very busy intersection at the current time with Sacred Heart School immediately behind the duplex on this corner, and Lions Park with the playground, pool, splash pad, Tennis Courts, track, and Baseball diamond. At present this corner is very busy with people coming and going on a normal day and is even busier when there are events at the school or at Lions Park. The addition of the R4 dwelling, will increase the traffic at this corner exponentially. There is a crossing guard at this corner daily during school hours and there is a lot of foot traffic with small children. Parking is another problem. The proposed amount of parking spots is not enough with respect to any one of these units having guests. Where will guests park on this busy corner? This Official Plan amendment and Zoning Bylaw amendment is a real problem and I am against this change for the safety of the residents of Chippawa. Jeff Dubas 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 77 of 326 1 Julie Hannah From:John and Mary McGowan Sent:Sunday, February 6, 2022 10:57 AM To:Julie Hannah Subject:[EXTERNAL]-3897 Welland Street To Whom it may concern, I would like to comment on the above address. This is NOT ideal for this neighborhood for many reasons. This corner is a busy corner already with a park and a public pool kiddie corner to this property. The parking in the summer is already up and down both sides of the road. I am sure the single dwelling homes that already exist around this property will not be appreciative of all congestion this will cause on this street. Where will all the drainage go? What about the sewer system? Parking? The school is right down the road, School buses, City buses, parents dropping and picking up their little children. This is a busy corner already. There is already a large amount of homes being built in Chippawa. This is a residential area, there is no need to put 8 townhomes on this small piece of property. Parking will be terrible and there a small children that walk to the park all the time. With the amount of traffic already in this area this will be an accident waiting to happen. Please re-consider this application. Maybe semi like the one across the street from this property but 8 is absolutely ridiculous. Thank you for your time. I Look forward to hearing back from you. Mary and John. 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 326 1 Julie Hannah From:SHAUNA YOUNG Sent:Sunday, February 6, 2022 8:36 PM To:Julie Hannah Subject:[EXTERNAL]-3897 Welland Street - City File: AM-2021-026 Re: 3897 Welland Street - City File: AM-2021-026 February 6, 2022 Dear concerned parties, We respectfully request that the Planning, Building & Development Department as well as members of Niagara Falls City Council consider our strong opposition to the rezoning and construction of an 8 stacked, three-storey townhouses at 3897 Welland Street in Chippawa. The building at 3897 Welland Street is a single family home. This area in Chippawa is a single family neighbourhood, with many bungalows and 1.5 storey homes throughout. This specific lot is around 80% wide open with green space and trees lined on the property. Many of the homes in this specific area of Chippawa have large yards and families have purchased these specific properties to enjoy the open private space they possess. Constructing an 8 unit stacked three-storey townhouses on this specific lot does not blend into the existing lot fabric, streetscape or built form of the neighbourhood (1.15.1 Official Plan). The importance of considering how an 8 unit stacked three-storey townhouses integrate into the surrounding area is paramount. There are several safety concerns we have as neighbours to 3897 Welland Street. Oliver Street between Welland and Main is a very narrow road. We learned this last time the property owners applied to have their lot severed in July 2019. With a potential of 10 cars on the property plus additional cars parked on the street, 5 extra driveways, the increase of traffic in this area and parking on this road will increase this already congested area. This is a huge safety concern! This is a school zone and a city park are in this area. Many families use the only sidewalk on this narrow street to access these areas which is on the side of the street where the proposed rezone and development is. There is no other sidewalk to walk on. Oliver Street is also used by the fire trucks for access to Main Street, the main corridor for emergency calls. To build an 8 unit stacked three-storey townhouses here would be an over development of the site. We have lived in Chippawa our entire lives. Our property is kitty corner to 3897 Welland Street. Our back property is very large and we have enjoyed the peaceful, private lifestyle as this was one of the main reasons we purchased this property in Chippawa. To have 8 unit stacked three-storey townhouses staring into our backyard is unfair and does not fit into the character of this neighbourhood. We are strongly opposed to the rezoning and construction of an 8 unit stacked three-storey townhouses at 3897 Welland Street. I do hope that by sending the notice of application to the residents that live near 3897 Welland Street, you strongly take into consideration their concerns when making the decision on rezoning and construction of proposed 8 unit stacked three-storey townhouses and that this is just not a formality. What a Page 79 of 326 2 shame and disgrace it would be to ask the residents who live in this area for their opinions and concerns and then turn a blind eye because you already have your minds set on development no matter what the cost to the surrounding neighbours. Please consider this as if it was in your backyard. Sincerely, Shauna and Dave Young Niagara Falls, ON L2G 6B8 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 80 of 326 1 Julie Hannah From: Sent:Monday, February 7, 2022 3:33 AM To:Julie Hannah Cc:Cunnane, Jean Subject:[EXTERNAL]-City File: AM-2021-026 Dear Miss Hannah, Please find my concerns and questions in the body of this e-mail. Thank you. I do not think this proposal is feasible. Questions: 1-Are there other zoning applications like this in front of the City for Chippawa? How many? Will permitting a re-zoning like this set a precedent for others? Oliver is a small street and this is too many new houses for it? 2-Given we have many hydro blackouts in Chippawa, how will 8 more residences so close together affect the blackouts? Increase them? 3-How tall are the proposed houses? 4-The attached picture shows 2 storey properties. The written material says 3 storey townhouses. What is the relationship of the 2 storey pictures to the proposed 3 storey properties? 5-How much taller will these proposed properties be above the usual building heights in the area? 6-Will these buildings block light from the houses and mature gardens behind them? 7-There is a lot of flooding in the back gardens of houses along Main and Welland close by to this proposal. How will these properties be affected by the effects of knocking down one house and preparing foundations for 8 new houses? 8-How disturbing will this building be to wildlife, to rodents and thus affect neighbouring properties? 9-Is there an estimated time frame for the destruction of one home and the building of 8 with its accompanying noise and disturbance in the neigborhood? 10-Chippawa is noted to have "infrastructure deficits." There is a lot of building going on around Sodom Road, for example, an senior's home has been approved for "conversion" Page 81 of 326 2 on Main same side and just up from Oliver. This increases demands on "infrastructure" that is already a concern. Can the "infrastructure deficit" accomodate another 8 houses? 11-Eight houses are proposed. Sixteen working adults are possible with perhaps some teenagers or young adults with cars working. 14-18 cars? I can't see how that little street can hold that many cars. What are the plans and permissions for parking? 12-What will this potential traffic do to the neighbouring houses and traffic flow? 14-In a winter like this how could a small street like that with so many houses be plowed? Where would they put the snow? 15-Thinking a little down the road time wise, with all these pockets of building in Chippawa, and the new hospital being built down the road, will these 8 houses be another addition to possible blocks in traffic flow tryig to access servicecs there, particularly emergency services? Look forward to your responses. Thank you. Jean Cunnane Chippawa. 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 82 of 326 Randy West Niagara Falls, Ontario, L2G-6B6 Communication …. Management …. Production …. Audit …. Report … February 7, 2022. Attention: c/o J Hannah Jhannah@niagarafalls.ca Kira Dolch, Director Of Planning, Building and Development Department of Planning, Building and Development City of Niagara Falls, 4310 Queen St., Niagara Falls, ON L2E 6X5. Phone: 905-356-7521 ext 4107 Mobile: n/a Fax: n/a Via Email Attachment Only Re: 3897 Welland Street Assessment Roll No.: 2725-120-005-09300) Official Plan and Zoning By-Law Amendment Application- City File: AM-2021-026 Applicant: Paul Peter and Gayle Amy Tries Agent: NPG Planning Solutions (Jeremy Tran) Dear Mrs. Dolch I am the neighbour to this application where my property and the applicant’s property touch foot-to-foot on Oliver Street. My garage is my building that sits closest to the adjoining property lines. Please accept this letter as my input towards questions and concerns of the proposal. I am responding herein to your notice of this meeting which is apparently intended for you to describe and explain this application, followed in some fashion by a means to ask questions. Unfortunately, the timing of this meeting comes when I am working and unavailable, however I am assuming that because this is a meeting of display, explanation, and questions only. I will be allowed sufficient or at least suitable time to comprehend and respond with my fullest of concerns. I do not believe that any current scheduling to this evening event will allow me sufficient time to speak properly in addressing the list of concerns I have, and I am in hopes that this application procedure will allow for proper time for others concerned to prepare and address for our concerns, following you presentation. Please see my notes, questions and concerns to date, in the following pages. Page 83 of 326 As I review the information provided on behalf of the applicants, I have several mentions in which each represent a different level of concern to me, as follows: First and foremost I wish to address my concerns in how this application may not seem to fall within the list of policies of the Provincial Policy Statement (2020). These policies are laid out to guide these such applications through conversations in standards intended to better all involved, including the community adjacent, as well as the community as a surrounding whole. In reflecting on these policies and how they may affect the community "as a surrounding whole", I would very much wish to identify that Chippawa is NOT Niagara Falls in any sense of geographical other than that Chippawa is more a suburb of Niagara Falls, separated in many ways, both physically and in populace. It may be the intention of those vested in Niagara Falls to grow and intensify in the direction of Chippawa for many reasons, however those reasons may simply be out of political reach of the residents of Chippawa to defend themselves from. I am hoping for the elected representatives of the residents surrounding the area of this application look more fully into what considerations may not be properly addresses in this report. I cannot and do not intend to address all the technicalities contained in this report. I simply intend to point out some of the more "laymen" of points. the balance i hope to leave up to the experience of our elected representatives and their respective experience. Laymen cannot be expected to know all and work their jobs at the same time. Please see the following for reference: POLICY Section 1.1.1 1.1.1 Healthy, liveable and safe communities are sustained by: 1. a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; 2. b) accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; 3. c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; 4. d) avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; 5. e) promoting the integration of land use planning, growth management, transit- supportive development, intensification and infrastructure planning to achieve cost- effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs; 6. f) improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society; 7. g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs; 8. h) promoting development and land use patterns that conserve biodiversity; and 9. i) preparing for the regional and local impacts of a changing climate. Page 84 of 326 In the preceding, if we were simply to take the entirety of this "Policy" at face value, all or any future expansion ANYWHERE would require that only high density apartment and multi resident development ought to EVER be considered in new development, and that is not reasonable. Residents purchase properties investing in their futures with some expectation that their surroundings would and should NOT be changed in such drastic fashion as to overtly affect their lifelong investments and family structures or safeties. This application and the provincial policy both move to affect the surrounding residents in a fashion that cannot be considered considerate of their rights as members of an existing community, and may even cause congestion around our streetscape enough to raise concerns of safety. I do not believe that provincial policy alone can be accepted as the last word, unless that "last word" remains open to interpretation yet leans towards the best interests of the status quo of a community. I believe there are specifics to the provincial policy, that come to play here, to protect the interests of the existing community, as follows: f) improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society;" ..... Which part of this application allows for any considerations toward "accessibility" or "age" when the proposed building rises to three stories? g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs;" Which part of this application allows for any research into the abilities of the existing infrastructure to "meet the current needs" when the application doesn't make mention of recent or current inabilities or deficiencies that the city may be dealing with at this time. I don't believe you could consider our existing systems "available" while our systems are backing up into our basements. h) promoting development and land use patterns that conserve biodiversity; Which part of removing the existing aged tress and paving over a larger area of existing lawn promotes "biodiversity" in any beneficial way? i) preparing for the regional and local impacts of a changing climate. Which part Which part of diverting storm and rainwater off the overly covered and shingled building of this property and rushing it down a sewer to a lake without consideration for holding water resources in soils and gardens can common-sensibly be considered "preparing for climate change"? But mostly I find interest in the considerations required of the following: b) accommodating an appropriate affordable and market-based range and mix of residential types (including single-detached, additional residential units, multi-unit housing, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs;" Which part of this application specifically "affordable"? Which part of this application specifically addresses "affordable housing and housing for older persons"? Which part of Chippawa has actual employment opportunities and where in this application do we find the study that says these opportunities are actually local enough to not affect an increase in required public transit to reach jobs elsewhere? Page 85 of 326 My second mention and relative concern lies pertaining to text found in the: Planning Justification Report, Page 3, Section 1.0 Introduction, (Third Paragraph). And I quote: The proposed development is an example of good land use planning and is in the public interest." If I may; This comment and paragraph are arguably one sided and open to much debate. While yes, this proposal may "fulfill (s) several objectives", those objectives are representative of the opinions of others who may or may not even be familiar with the intimacies or sensitivities of the areas they intended to bring about some specific change to. This paragraph further goes on to identify more speculative descriptions of the outcome of such an application as this one may present. For instance: 1. "Cost effective land use" ... depends highly on knowing the exact sale value of the finished real estate in comparison to not only the market and profits of the sale in real estate, but also of the cost to relieve concerns and problems arising from the change in zoning and subsequent needs of the people and structures and roadways in the area surrounding the property of this application. 2. "... will augment the City’s supply of missing middle housing which is a highly appropriate type of residential development for infill projects." ... depends on any definition of "appropriate" when considering the idea of infill project". If the intent of the infill is to provide affordable living arrangements suitable for all who can afford and access the area they currently or historically reside in to relieve area growth of long-time residents, the intent may possibly be considered "appropriate". However, this then opens the door to decipher the practicality of how the design of this building allows for accessibility to the existing residents of the community while taking aspects such as safety and congestion into consideration. If, however, the intent of the infill is to simply pile in as many living spaces without concern for the intention of those living spaces" for anything other than sales opportunity and area growth, then the definition for "appropriate" must be seen as FOR PROFIT. In this case of "for profit" and "area growth", the growth alone poses concerns towards the ability for the EXISTING infrastructures to be fully considered. 3. "Compatible in scale and form with nearby detached homes." ... is an obvious exercise in perspective benefiting the side of the applicant. The elevation sketch provided in this application can in no way be appropriately compared in scale to the surrounding buildings if in fact the size and architecture and relative location are not included within the sketch of the elevation(s) of the proposed building. To propose such a comparative by offering photos all independent of each other and asking your audience to "picture in your mind" is NOT appropriate to allowing all the information to come forth in support of any such description as compatible". To expand on this statement, the photo of my barn cannot compare reasonably in photo depiction of equal value to the other pictures offered on the size and bearing or over-bearing of one house to the size of this new proposed structure. My barn, which stands lower than the maximum allowed in the area at the time of its application, was reduced in size, so to not overshadow the surrounding homes. I suspect my barn will pale in comparison to the height of what this new application implies. Page 86 of 326 4. "A well thought-out site layout" ... is an opinion and perspective benefiting the side of the applicant. The very nature of this meeting opens the door to address the "well" of this application in that the statement in and of itself opens the door to criticisms, and this particular quote will be subjective to the concerns I am raising here. One of those specific concerns which would pertain to the "well thought out" of this declaration would be the obvious consideration when comparing another statement within this of opening pages. That statement would be where the agent" for the applicant brings up the mention for "reduction of greenhouse gas emissions". This statement does not describe what can be readily observed in the obvious, with one simple look at the photos provided (by the authors of the report), of the property as it stands now. The property is heavily covered with existing trees of size and age which must make them an advantage to the area in offsetting the existence of "greenhouse gas". The existence of this aged and established growth is of itself an asset to the character and environment of the immediate area for many reasons, all of which ought to have been obvious and included in the honesty of this report. The elevation sketch and the description of the finished intent of this property does not seem to finish in allowing any room left available to replace this growth in any future, whereas even though the surrounding properties may not now be covered in vegetation advantageous to our human survival, the room to re-introduce such trees is readily apparent. Is there not also a provincial or other "plan" or "authority" which insist a minimum coverage in greenery ? Is that information available to be scrutinized in this report ? Without moving far from the text of this "Planning and Justification Section", several immediate thoughts come to mind, such as: 1. The relativity and accuracy in conclusions of the studies performed with respect to this application. 2. The apparent omission to some relevant information of this application. (ie employment opportunities, actual commercial use and economical success studies, current transportation use studies, etc) 3. The removal of existing vegetation growth is obviously of concern specifically with the recent removal of the Ash trees of the adjacent areas. 4. The removal entirely of green (grass or garden) spaces however is also found in contradiction to efforts to hold water from water-shedding to quickly is also of apparent concern by all news and media accounts. 5. The actual measured height of the design in that the elevation depicts a more described 2-1/2 story structure as opposed to the 3-story structure that is textually described. 6. Limits to "accessibility" in that at least 4 of these units are described as "stacked" in configuration, thusly raising concerns as to the ability for this structure to adversely affect the residents and visitors to this structure, as well as the ongoing concerns of safety to residents as they age within the duration of ownership within this structure. 7. Limits to available parking for residents of this application. 8. Limits to available parking for visitors to the property of this application. 9. Limits to available parking as noted above where alternate parking in surrounding areas will cause congestion and safety concerns to all other pedestrian and vehicular traffic in the area. 10. Practical options in concerns of snow control and removal both on and surrounding the property in this application 11. Practical concerns of property watershed in rainfall, storms, and spring thaw, where to date, standing water has always been of issue on this property. 12. Limits to access of safety and other essential services or contractors where this property poses coverage of a very large area of street intersection that is of paramount importance in the access of fire, police, and school, and public transit. Even any minor infraction of parking or standing could easily result in congestion resulting in tragedy by unforeseen delay to emergency vehicles. The proposed increase in density alone defines that opportunity for the service of more emergency attention to this and surrounding properties can exist. 13. etc. 14. etc. Page 87 of 326 I may have several requests to address some of the issues I feel are noted as of concern above, such as: 1. Changes in existing parking by-laws suitable to remove the ability for un-considered parking of the residents and visitors of this property to park within several blocks of this proposal. 2. This proposal FSR recommends a fire hydrant to be installed within the Oliver Street's boulevard to comply with the Ontario Building Code. By extension of that suggestion in the FSR, I would request that the location of this new fire hydrant be specified to installation in the Oliver St boulevard yes but located at the property line between my property and this application. My reasoning for this request would be in the addition to the shear size of this proposed building along with the possible number of occupants that better access to any hydrant would be better served by the hydrant remaining away from the intersection and out of the way of the restricted space found among the proposed 4 new driveways. Further questions to be resolved: 1. Section 4.2 Functional Servicing Report specifies a "......vortex valve in the control maintenance structure." Is this "structure" going to be the responsibility of the applicant? Is this structure located on city property or public property? (More questions will arise from answers and will follow). 2. This Section (4.2) also makes mention of the installation of catch-basin inserts to ensure post development flows. Who is or will be responsible for these costs? In somewhat conclusion, for now and prior to observation in this meeting, I wish to add a few observational comments. I would like to establish that this property has already undergone a recent application which was granted with some caveats. I am to understand that the fire hydrant and subsequent requirement to bring city services down Oliver St to the location of their intended severance and new property was one of such cost as to become the determining factor in the departure from that original application/plan. Therefore, if cost was a burden to complete the requirements of the first application, if this application is actually granted to the current applicants, what prevents the sale of this prearranged opportunity" to another, where this application will inevitably become a burden on the surrounding residents yet again, as plans may and do change yet again? Street parking and vehicle congestion was of great concern in the initial application for severance of this property. In this (revised) application the addition of more residences and residents attached to an application to reduce the requirement of vehicle parking by offering diversion to public transit and walking would NOT seem to be in the best interests of the community. This community has very few job opportunities and subsequently requires far more in vehicular traffic as residents must leave to attend jobs elsewhere. I do not believe it can be "better" to simply reduce the rules to accommodate a theory of people using public transit that is hardly used today ... yet the need for personal vehicles at or around this new building ought to be obvious. Even our children who attend the school shortly down the street are mostly driven and bussed, causing current congestion at this particular intersection of streets. You, the people elected top look after our neighbourhood have an obligation to acknowledge the obvious, even when it is not that obvious to some others. I have attached a simple couple of photos to bring out what gets forgotten or overlooked in these applications. Please observe the following pics knowing that I alone, nor even with the help of other laypeople and common folk can address everything posed in this application because we simply don't have that knowledge or experience ... for which rely on YOUR expertise, on our behalf ... and in our best interests ... rather than in profits alone to those without likely any ability or intention to bring this application AND build to its conclusion. Page 88 of 326 This snow represents two snowfall incidents, only weeks apart. You cannot assume this cannot easily become the norm. A "well thought" application MUST assume for all that is right in front of you. How can walking or bicycling even be any consideration in the reduction of parking when winter weather makes walking and biking impossible and impassible? Where are you going to put a whole winter full of snow when this fence is replaced with a building and 4 driveways? Where are you going to park your vehicles when you already reduced parking is full of snow? How are you going to provide for the safety of pedestrians when you have nowhere to clear your walks to? All of this snow and we haven't even tackled the idea of this snow ending up in the basements of this new building because of lack of the preparation and resources and space for snow to go to .... All of this snow and we haven't considered that ramifications of school or other pedestrian traffic as the snow collects over an entire season. Page 89 of 326 This photo, aside from the obvious implications of snow, also poses as the best representation of scale that this new building could have on the surrounding homes. The tallest building you see in this frame is 1-1/2 stories, with the one on the left being one single story which is about to lose all sunlight behind this new building .... and that is not to mention that most of the watershed from this Tries property already flows to the left hand single story home in the spring snow melt or rain. Page 90 of 326 I believe these pictures identify the obvious. Right now, we HAVE trees and green space, which is good for everyone. Three seconds after this application is granted, we will lose this green space to someone who will build this property to the point that trees are no longer any option, simply because of space. Best regards, Randy West . Page 91 of 326 1 Julie Hannah From:Dete Sent:Monday, February 7, 2022 12:37 PM To:Julie Hannah Subject:[EXTERNAL]-Application City File : AM-2021-026 Follow Up Flag:Follow up Flag Status:Completed To Whom it may concern, I am submitting this notice in advance of the Remote Electronic Meeting as my written objection to the proposal to change the zoning at 3897 Welland St. serious traffic issues currently exist that would be exacerbated with increased condensed population. Speed reduction attempts on Welland St have failed after a traffic study indicating they were needed. At the intersection of Welland St and Oliver St. we deal with city buses, school buses, parent traffic at Sacred Heart and the main pathway for the Chippawa Volunteer Fire Dept. the four way stop at the intersection requires a crossing guard now; it would seem that 4 or 5 new driveways along the property of approximately 185 feet would add substantial more risk to young children walking to school in addition to the congestion at the intersection the entrance to Lions park is also at this intersection, when school is not in and there is no Crossing Guard the foot traffic does not get reduced but the vehicle traffic remains making it even more dangerous with increased traffic and congestion. there is minimal parking for the proposed project so street parking is foreseeable. The increased street parking would be inevitable on a street that is already too narrow. At the previous public meeting for the same applicants on July 23, 2019, it was confirmed by the City that Oliver St is narrower than normal road width. previously the city advised that the storm drains and sewers on Welland St and the surrounding area are from the late 1800’s. The infrastructure is not capable of the increased strain. We already have drainage and water pressure issues. These points form some of the basis of my opposition and objection to the proposed zoning amendment application at 3897 Welland St Respectfully Susan Detenbeck 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 92 of 326 Randy West Niagara Falls, Ontario, L2G-6B6 June 2, 2024. Addressed to: 1. The City of Niagara Falls staff, as well as City Council, and any involved in the decision making for the future of/at 3897 Welland St (PID25354) 2. The Applicants and/or it's representatives of those brinGing this application for Zoning By-law amendment to the lands noted as 3897 Welland St (PID25354) 3. All interested and observing parties to this action and application to affect Zoning as described previously above. To whom it may concern. My name is Randall West, and I reside at the attached property abutting this project on Oliver St. If I may please, I wish to present my interests and objections to this Application within this letter. I would further wish that the content of my letter be presented to all present at this hearing, by my long-time friend and neighbour, Mrs. Tina Wilson. I believe that the scheduling of such meetings during times when I am responsible to others in employment, places the weight of my concerns to this application at a disadvantage to be properly heard by me. Mrs. Wilson has been part of such conversations of this concern for so many years that I have complete confidence in her ability to convey the feelings I have behind my written word, into a presentation in front of others. First and foremost, I wish to point out what is obvious to many here, but not necessarily to all here. This is NOT the first application to come before the City's departments to change the rules and regulations regarding what may or may not be done or developed with this property on Welland St. As a matter of public record and fact, a previous application of this property had already been conditionally approved to the Applicant. This "conditional approval" had then sat without action on the part of the Applicant. If memory serves me correct, as the city records certainly will, at that time that Applicant was to be required to pay for lot services of sewer, water, (and etc) to be installed into the side street of Oliver, in order to accommodate the severance of property and building of at least a semi-detached home(s). That severed property would now front on Oliver St., as does this application. At this time, the application was apparently not completed because the applicant chose not to, or could not afford to, invest in the basic requirement of what the development had to have first; new services installed to the property, at a cost. As another matter of public record and fact, a successive application to the above mentioned first, was requested, and filed for. At the second attempt to alter existing zoning regulations to this property, the angle to which this property would be developed, was altered to most stretch the boundaries to what could be developed of this property. The new attempt was intended to design the most minimal cost to the Applicant, followed by a future maximization of profits to the Applicant. To expand on this, I must point out that this second application was designed to include stacked townhouses to absolutely overpopulate a small corner of the community so far outstretched from any design that could include basic accommodations of snow removal or even basic vehicular parking that it was the blatant suggestion that new owners could suffice to use bicycles and or bus services instead of requiring cars. The specifics of the required variances were extreme, to say the least. Page 93 of 326 In retrospect, I believe it would be appropriate to state that the neighbours, and fabric of the surrounding community to this property, have now been placed in a position of self-protection against yet another attempt of the owners to again apply for another kick-at-the-cat to exhume the changes required for SOMEONE to build on this property in the future .... yet PROFIT in the applicants pocket right now, by selling the property with zoning change approvals attached. This application for change of zoning is ultimately designed to allow more to be built of this property than could be considered reasonable by most, if not all, of the surrounding residents and property owners. This application is seeking complete detachment from the original planning and zoning of the area where this property stands. This application also retains virtually all of each and every of the concerns which have been raised by the surrounding citizens, time and time again, as the applicant continues to angle for higher profitability, without likely EVER intending to participate in the actual development of any changes to this property themselves. Please let me re-iterate one of the points of the above statement I have made. That first point is to provide that in the first application of the Tries to sever their property into two, and build a set of townhomes, a set of townhomes may have been built in such a fashion as to least overrun the surrounding homes. In that request, although there were concerns by the community, the limits of the changes to zoning were such that it might be reasoned that the application could be made palatable in the community. The homes could have been designed to fit with community. This application was approved by council, but not apparently sufficient for the Tries interests or abilities. Please let me re-iterate a second of the points of the above statement I have made. That second point is to provide that conversations with the Tries (applicant) have determined that the Tries themselves are not qualified or capable of undertaking the actual developmental construction required to undertake the requested changes in the property. It must be considered to this application that the sole purpose in the applicant requesting the changes in zoning as listed in this application, are intended to make this property as marketable to others yet unknown, in the highest of return to the applicant themselves, immediately. In this application, we the surrounding public who are to be affected by this application, are being asked to defend ourselves and our positions, against a person or persons who are NOT going to be the ones doing the constructing which will be the result of this application. If I may please: In February of 1980 Niagara Falls Zoning By-law 79-200 was developed: A by-law to regulate the use of land and the erection, use, height, bulk, location, spacing of any other matters relating to buildings and structures, and to prohibit certain uses of lands and the erection and use of certain buildings and structures in various areas of the City of Niagara Falls; and WHEREAS there is an official plan in effect in the City of Niagara Falls; and ....." In respect of this application to so extensively change the applicable zoning of this property, all of the existing homes surrounding the property at issue were either built beyond the 45 years of existence to by-law 79-200, or were since built in such a fashion as to "fit" with the appearance, feel, fashion and wholesomeness appropriately matching the area. THIS IS NOT ANY AREA SUITED OR REQUIRING "HIGHRISE" OR "CANNED IN FIT" ANY TIME SOON. THIS IS AN AREA WHERE THE SURROUNDING PROPERTY OWNERS AND RESIDENTS HAVE WORKED TOGETHER, FOR LITTERAL LIFETIMES, TO KEEP THEIR FAMILY INVESTMENTS OF HOMES IN A STATE THAT MATCHES THE TYPE OF LIFETIME INVESTMENTS EACH OF THESE FAMILIES HAVE CHOSEN DOZENS UPON DOZENS OF YEARS PAST. Page 94 of 326 Please, I beg of you. If there was ever any time when a law or by-law that was developed to protect the interests of each and every participant from destroying what either already has, versus what changes can be swung down upon them, this is that time, and this is that standard to be enforced. The residents surrounding the property of this application are again being forced to defend against what existing law is intended to protect, within reason. The applicant to this request is once again asking for exceptions for what is so out of touch with reality that there will be little or no grass are left on the property, and certainly zero space for a shed to hold any lawnmower or snowblower to deal with reality when it comes in season. THE CITY AND ZONING DEPARTMENTS, IN ALL OF THEIR PREVIOUS EXPERIENCE AND WISDOM, DID SEE FIT TO ONCE ALLOW A CHANGE THAT COULD BE CONSIDERED REASONABLE TO THE AREA. THIS CHANGE WAS NOT ACCEPTABLE TO THE APPLICANT SINCE. THIS IS SOLELY ABOUT MONEY AND PROFIT CHASED DOWN BY A PROPERTY OWNER WHO DOES NOT LIVE ON OR NEAR THE PROPERTY ITSELF. THE PROPERTY IS CURRENTLY A RENTAL UNIT WHERE THE OWNERS ARE NOT PRESENT. IN A NEIGHBOURHOOD THAT IS RICH ENOUGH IN SWEAT AND HISTORY, THERE IS NO NEED TO ALLOW ONE PERSON OR PARTY TO COME INTO THAT NEIGHBOURHOOD AND DESTROY THE ESSENCE OF WHAT HAS EXISTED FOR SO MANY YEARS, BUY INSTALLING WHAT DOES NOT FIT IN APPEARANCE OR FEEL, TO THE LIFETIME EFFORTS OF THE SURROUNDING PEOPLE AND PROPERTIES. I believe that every reasonable person must believe that even though there needs to be rules to allow change when change is going to be resisted when required, the exact reason for this application is money and profit, at the cost of the lifetimes of ALL the surrounding neighbours. There is no pole you can publish where this latest application would become acceptable to any surrounding resident. Where there is any reason for any council to allow one to do what they may find a single applicant has that right to do, then that council may as well open the door at that exact same time and immediately allow each of the surrounding similar properties the exact same change in zoning as they allow the first, and for all of the exact same reasons they would support. A decision to allow one applicant ought never to be refused against any other ..... and then we can all sell our properties right now, knowing this is our future, because of a councils decision. I realize the weight behind your responsibility in coming to this decision, however the math in this case doesn't add up to ...... all for one, and none for the rest. I wish thank you in advance of your considerations. Best regards, Randy West Page 95 of 326 PBD-2024-27 Report Report to: Mayor and Council Date: July 16, 2024 Title: AM-2024-004, Zoning By-Law Amendment Application 26CD-11-2024-001, Plan of Vacant Land Condominium 6529 St. John Street Pt Lt 59 PL 5 Stamford as in RO117039; City of Niagara Falls PT Lt 59 PL 5, Part 1 on 59R-16551, Stamford; City of Niagara Falls Applicant: Niagara Pines Developments Ltd. Agent: Ethan Laman (Upper Canada Consultants) Recommendation(s) 1. That Council approve the Zoning By-law Amendment to rezone the property, to a site-specific Residential Low Density, Group Multiple Dwelling (R4) zone, in part to allow for the development of 5 detached dwelling units and a site-specific Residential 1E Density (R1E) zone, in part to allow for a detached dwelling, subject to the regulations outlined in this report; 2. That the Plan of Vacant Land Condominium be draft approved subject to the conditions contained in Appendix A; 3. That the Mayor or designate be authorized to sign the Draft Plan of Vacant Land Condominium as "approved" 20 days after notice of Council’s decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; 4. That draft 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 Niagara Pines Developments Ltd. has applied for a Zoning By-law Amendment to permit the development of 6 detached dwellings at 6529 St. John Street. The lands are requested to be rezoned from a Residential 1D Density (R1D) zone to a site-specific Residential Low Density, Group Multiple Dwelling (R4) zone, in part, and a site-specific Residential 1E Density (R1E) zone, in part. Page 1 of 23 Page 96 of 326 Niagara Pines Developments Ltd. is also proposing to develop the 0.32 hectare site as a Plan of Vacant Land Condominium. Registering a Plan of Condominium on the lands will allow the individual ownership of the dwelling units, with the private road and visitor parking area in common ownership. The applicant will be requesting a consent application to sever the additional lands owned by the owner fronting onto St. John Street, in the future. 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 target of 50% of all residential units constructed in the Delineated Built-Up Area;  The proposal will contribute to the diversification of housing supply within the urban area and the recommended regulations are appropriate to regulate the proposed use allowing for gentle intensification within the neighbourhood; and,  The proposal is in close proximity to schools, parks, and commercial uses along the Portage Road Intensification Corridor. The conditions of draft plan approval, which address servicing, landscaping, the provision of safe accesses, parkland dedication, fencing and all other matters related to the development of the Plan of Vacant Land Condominium, are listed in Appendix A. Background Proposal Niagara Pines Developments Ltd. has requested a Zoning By-law amendment for a parcel of land totalling approximately 0.32 ha (0.82 ac), municipally known as 6529 St. John Street as shown on Schedule 1. Schedule 2 shows details of the proposed development. The proposed development will redevelop an underutilized lot which is located within the Built-Up Area, among existing residential uses, along a local road, and complies with the permitted density requirement of 20 units per hectare. The subject lands, municipally known as 6529 St. John Street, are currently zoned Residential 1D Density (R1D) in accordance with Zoning By-law No. 79-200, as amended. The applicant requests to rezone part of the lands a site-specific Low-Density Group Multiple Dwellings R4 zone to facilitate the development of 5 detached dwellings and rezone the remaining lands to a site specific R1E zone to facilitate the construction of a detached dwelling with frontage on St. John Street. Page 2 of 23 Page 97 of 326 Niagara Pines Developments Ltd. is proposing to develop the lands as a Plan of Vacant Land Condominium. The condominium will divide the subject lands into 5 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 area. A future consent application will be required to sever the additional lands owned by the owner fronting onto St. John Street. Site Conditions and Surrounding Land Uses The subject lands are located on the north side of St. John Street, west of St. James Avenue. The site has a detached dwelling which will be removed. The subject land is adjacent to detached dwellings, Notre Dame Catholic Elementary School and EE Mitchelson Park to the west, detached dwellings to the south and east, and a hydro corridor to the north. Circulation Comments Information about the requested Zoning By-law amendment and Vacant Land of Condominium was circulated to City divisions, agencies, and the public for comments. The following summarizes the comments received. Niagara Region  The Niagara Region supports the application, subject to the fulfillment of their conditions regarding waste collection and deeply buried archaeological resources. (See Appendix A); and,  The Niagara Official Plan encourages opportunities for the integration of gentle density, and a mix and range of housing options that considers the character of established residential neighbourhoods. The proposal to create six detached dwellings will be an intensification of existing serviced land in the urban area. Enbridge, Bell Canada, Hydro One Networks Inc. and Canada Post  No objection or concerns. Standard conditions are required to be satisfied as part of the Draft Plan of Vacant Land Condominium. (See Appendix A). Building Services, Fire Services, Legal Services, and Landscape Works  No objections or concerns. Conditions are required to be satisfied as part of the Draft Plan of Vacant Land Condominium. (See Appendix A). Page 3 of 23 Page 98 of 326 Transportation Services  No objections or concerns with the requested zoning departures. A traffic study was not required as a notable increase of traffic is not anticipated. The closest transit stop is located at the corner of Thorold Stone Road and St. James Avenue for the residents to use. No conditions are required for the Draft Plan of the Vacant Land Condominium. Municipal Works  No objections or concerns. Confirmation is required that the municipal watermain has sufficient capacity to support the proposed private hydrant. This requirement is included as a condition. Additional conditions are required to be satisfied as part of the Draft Plan of Vacant Land Condominium. (See Appendix A). GIS Services  No objections or concerns. A plan will be required correlating the legal unit number with the civic unit number. This plan is required at Draft Plan of Vacant Land Condominium stage. (See Appendix A) Open House Comments The open house meeting was held on June 11th, 2024. One member of the public was in attendance who listened to the information and provided a follow up email. Two additional emails were received from neighbours that expressed concerns about the proposal being out of character within the neighbourhood, increased traffic, infrastructure capacity, construction timing, removal of trees along lot line and the development’s impact on privacy. The agent and City Staff note the following response to the concerns raised in the three emails: Out of character for the area:  The immediate area is comprised primarily of detached dwellings. The surrounding neighbourhood also contains several institutional uses as well as some multiple unit developments. The proposal is for detached dwellings which are consistent and compatible with the immediately surrounding land uses and contribute to the existing mix of uses in the neighbourhood. Infrastructure capacity:  A Functional Servicing Report was prepared and submitted with the applications. The Report confirms that sufficient water and sewage capacity exists for the Page 4 of 23 Page 99 of 326 proposed development. Municipal works staff have reviewed the report and did not offer objections. Traffic concerns:  The applications were reviewed by the City’s Transportation Services Division who did not require a traffic study as a notable increase of traffic is not anticipated and felt the proposal will have a minor impact within the neighbourhood. Construction timing and information:  From servicing to the end of construction would typically take 2 - 2.5 years. The Noise By-law permits construction activities between the hours of 7 am to 7 pm on weekdays and between 9 am and 7 pm on weekends and holidays. Construction hours will occur within these time limits. Removal of neighbouring trees:  A tree preservation plan identified the impact on property line trees with mitigation or replacement measures. The arborist determined that with the proposed construction activities, the trees would not be able to survive on the lot line especially with any proposed new fencing. Any trees located on the lot line will require permission of the neighbouring landowner prior to any removal. A Landscape Plan is requested as a condition of the Draft Plan of Vacant Land of Condominium, which will detail the location of new plantings on site. Impact on privacy:  The maximum permitted building height is 10 meters which is the same building height that is permitted in the low-density residential zones, including the R1D Zone of the surrounding neighbourhood; and,  The development is subject to setbacks to ensure appropriate separation from adjacent properties and the specific privacy measures (fencing and landscaping) will be addressed through the clearance of Draft Plan conditions. Analysis 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: Page 5 of 23 Page 100 of 326  The proposed development satisfies matters of provincial interest as outlined in Section 2 of the Planning Act;  The development will take place within the urban area which allows for gentle intensification and having appropriate servicing which will make efficient use of urban, serviced land; and,  The proposal will provide additional housing options in the neighbourhood and is located close to schools, parks, and the Portage Road Intensification Corridor, thereby contributing to the creation of a complete community. 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. 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 and therefore does not require an Official Plan Amendment:  The proposal carefully balances intensification with compatibility and the development is consistent with the density envisioned in the Official Plan for the low-density area. The proposed development will redevelop an underutilized lot which is located within the Built-Up Area, among existing residential uses, along a local road, and complies with the permitted density requirement of 20 units per hectare;  The proposed development consists of detached dwellings, which is a built form that is consistent with the residential character of the immediate neighbourhood. Further, the provision of a detached dwelling on St. John Street helps to maintain the existing streetscape;  The proposed development uses a private road format with a single detached built-form to provide for context-sensitive and compatible infill development that efficiently utilizes urban lands;  The site is supported by full urban services, an existing public roadway frontage and utilities. The site is located close to commercial uses within the Portage Page 6 of 23 Page 101 of 326 Road Intensification Corridor, an approximate 5-minute walk to a bus stop at the corner of St. James Avenue and Thorold Stone Road, in proximity (within 350 metres and less) to a number of elementary and secondary schools under the Niagara District School Board and the Niagara Catholic District School Board. These include A. N. Myer Secondary School, John Marshall Secondary School, Notre Dame Catholic Elementary School and St. Paul Secondary School;  The proposed in-fill housing type will assist in achieving the minimum 50% residential intensification annual target in the Built-Up area with the increase in density on the subject lands;  The proposed development contributes to achieving the City’s annual intensification targets and increasing the housing supply, even though the units are not in accordance with the affordable unit price of $539,000 for the City of Niagara Falls; and,  The developer stated that the selling cost is based on market conditions which is approximately $900,000 for 2–3-bedroom dwelling units. The primary reason for this price is that the detached dwelling lot fabric is more expensive than multi- units (ie. townhouses and apartments). The price of the detached dwellings is driven by soft costs associated with the development (ie. application fees, professional fees, parkland dedication, development charges), as well as the hard construction costs for servicing and construction. These costs can be spread across more dwellings with a larger or higher density project. This proposal is small in scale which means that these soft and hard costs have a larger impact on the final sale price. The proposal for detached dwellings is intended to ensure consistency with the existing character of the neighbourhood, providing a gentle and compatible intensification. Zoning By-law The applicant has requested a site specific Residential Low Density, Group Multiple Dwelling (R4) zone, in order to add the use of a detached dwelling, and to recognize the departures from the proposed R4 zone regulations on the subject property. A site specific Residential 1E Density (R1E) zone is requested for the new lot fronting onto St. John Street which will recognize a reduction of the lot area. (See Schedule 4 for the draft zoning by-law). The departures requested from the standard R4 zone regulations are summarized in the following table: Page 7 of 23 Page 102 of 326 ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION STAFF RECOMMENDATION (Details to Follow) Permitted uses Uses permitted in the R4 zone Add the use of the detached dwelling in accordance with the regulations for a townhouse dwelling Support Minimum lot frontage for a townhouse dwelling 30 metres 12.70 metres Support Minimum rear yard depth for a townhouse dwelling 7.5 metres 6 metres Support Minimum interior side yard width One-half the height of the building = 10 metres/2 = 5 metres 1.2 metres Support Minimum privacy yard depth for a townhouse dwelling unit measured from the exterior wall of every unit 7.5 metres (units 2-5) - 6 metres Support The departures requested from the standard R1E zone regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION STAFF RECOMMENDATION (Details to Follow) Minimum lot area for an interior lot 370 square metres 365 square metres Support The requested zoning is appropriate as follows:  The addition of detached dwellings in the R4 zone on a private road reflects the common type housing found within the neighbourhood; Page 8 of 23 Page 103 of 326  The reduction to the minimum lot frontage is intended to provide sufficient lot width to accommodate permitted forms of development. The provided frontage can accommodated an appropriately sized private road with 3.0 meters of landscape area on each side to buffer the private road from adjacent properties;  The reduction of the minimum rear yard is only for Unit 6 which is adjacent to the rear lot line. The proposed setback provides sufficient amenity space and the reduced setback does not impact any adjacent properties as the rear lot line is adjacent to the hydro corridor;  The reduction of the minimum interior side yard width reflects the setback between the side wall of Units 1 and 2 to the easterly property line. The proposed setback is the same interior side yard width requirement for a detached dwelling which is permitted within City’s detached dwelling zones for (R1A-R1E);  The reduction of the minimum privacy yard is for Units 2 to 5 which still provides sufficient outdoor amenity area. Further, it is noted that the development is located close to EE Mitchelson Park which provides additional access to open space;  The reduction of the lot area for the R1E zone is a minor departure and has no impact on the developability of the property and is compatible with surrounding properties; and,  The three-year sunset clause for the zoning by-law is not required in combination with the vacant land condominium application, as the applicant has three years to satisfy the Draft Conditions of the Vacant Land of Condominium, including a Sunset Clause would be redundant. Condominium Design and Conditions of Approval The proposed condominium will accommodate the individual division of the subject land into 5 dwelling units, provide a private road off St. John Street and common visitor parking. In considering the proposed Plan of Vacant Land 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 the subject lands are designated for residential development located within the Built Up Area and have access to municipal services and infrastructure. The application is in the public interest as it will facilitate the provision of much-needed housing in an appropriate location;  The proposal conforms with the City’s Official Plan, as it integrates with adjacent Page 9 of 23 Page 104 of 326 Residential lands. The land configuration is suitable for development which provides adequate access from St. John Street;  No lands will be conveyed for public purposes;  The proposed development can be adequately serviced by municipal services and residents can walk 5 minutes to existing commercial uses and a bus stop located at the corner of St. James and Thorold Stone Road;  The subject lands are in proximity (within 350 metres and less) to several elementary and secondary schools under the District School Board of Niagara and the Niagara Catholic District School Board. These include the A.N. Myer Secondary School, John Marshall Elementary School, Notre Dame Catholic Elementary School and St. Paul Secondary School. There were no concerns or comments received from the different school boards; and,  The site plan matters such as landscaping, screening, servicing, and lighting will be addressed through conditions of draft approval 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 securities 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:  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, screening, waste collection, archaeological clauses, 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 While this proposal does not directly align with the Pillars of the 2023-2027 Strategic Plan, it does support the achievement of a liveable community. Strategic Plan Pillars Page 10 of 23 Page 105 of 326 List of Attachments SCHEDULE 1 - Location Map SCHEDULE 2 - Site Plan SCHEDULE 3 - Draft Plan of Vacant Land of Condo Draft By-law Appendix A - Conditions of Draft Approval Written by: Nick DeBenedetti, Planner 2 Submitted by: Status: Signe Hansen, Director of Planning Approved - 09 Jul 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 10 Jul 2024 Jason Burgess, CAO Approved - 12 Jul 2024 Page 11 of 23 Page 106 of 326 SCHEDULE 1 LOCATION MAP Page 12 of 23 Page 107 of 326 157.86m²1699.17ft²DECKDECKDECK158.86m²1709.96ft²162.77m²1752.12ft²GARAGEGARAGEGARAGEDECKGARAGEDECKGARAGE158.70m²1708.29ft²158.70m²1708.29ft²PRIVATE ROAD EXIST ING HYDRO CORR IDORE.E MITCHESONPARKADDITIONAL LANDSOF OWNER15432(367.71m²)ST.JOHN STREETST.JOHN STREET ST.MARKSAVENUEP R E L I M I N A R YP R E L I M I N A R Y6529 ST JOHN STREETCITY OF NIAGARA FALLS SITE PLAN 022119-SPZONING MATRIXKEY PLAN ST.JOHN STREETST.JAMES AVENUESUBJECTLANDSEXIST ING HYDRO LANDSST.PETERS AVENUEPORTAGE ROADST.JOHN STREETTHOROLD STONE ROADCRAWFORD STREETCAROL AVENUEKEITH STREETCOHOLAN STREETCOLBORNE STREETDRUMMOND ROADPORTAGE ROADELIZABETH ST.VIRGINIA ST.HUGGINS STREETSIGNAGE NOTES:FIRE ROUTE PARKINGSIGN DETAILLEGENDCBCBMHDCBMHHYDWMCWVMHPLUG100.00ooLSSL PEDCMBTFLAND USE SCHEDULE ZONING MATRIXSCHEDULE 2SITE PLANPage 13 of 23Page 108 of 326 ST.JOHN STREET16.01m6.09m12.18m13.85m3.00m3.00m6.02m5157.86m²1699.17ft²DECKDECK3.00m3.00mDECK2.70m3.00m2158.86m²1709.96ft²11.51m5.17m5.96m5.78m13.01m162.77m²1752.12ft²4.48m5.50m10.30m9.00m16.75m6.25m4.81mGARAGEGARAGEGARAGE11.74m6.00m6.09m12.18m13.85m3.00m3.00m6.06m4DECKGARAGE6.00m6.09m12.18m13.77m3.00m3.00m6.06m3DECKGARAGE158.70m²1708.29ft²158.70m²1708.29ft²PRIVATE ROAD C I T Y O F N I A G A R A F A L L S L O T 5 9 EXISTING HYDRO CORRIDOR ADDITIONAL LANDSOF OWNER154322R3R2R3R2R2R2R3R3R3ROWNER'S CERTIFICATEDRAFT PLAN OF VACANT LAND CONDOKEY PLAN LEGAL DESCRIPTION022119-DPREQUIREMENTS OF SECTION 51(17)OF THE PLANNING ACTDRAFT PLAN OFVACANT LAND CONDOPT LT 59 PL 5,PART 1 ON 59-16551, STAMFORD,NIAGARA FALLSSURVEYOR'S CERTIFICATEPT LT 59 PL 5 AS IN STAMFORD AS INR0117039; CITY OF NIAGARA FALLSSITE STATISTICS - CONDOMINIUMST.JOHN STREETST.JAMES AVENUESUBJECTLANDSEXIST ING HYDRO LANDSST.PETERS AVENUEPORTAGE ROADST.JOHN STREETTHOROLD STONE ROADCRAWFORD STREETCAROL AVENUEKEITH STREETCOHOLAN STREETCOLBORNE STREETDRUMMOND ROADPORTAGE ROADELIZABETH ST.VIRGINIA ST.HUGGINS STREETST. JOHN STREETST. JOHN STREETSCHEDULE 3DRAFT PLAN OF VACANT LAND CONDOMINIUMPage 14 of 23Page 109 of 326 CITY OF NIAGARA FALLS By-law No.2024-xxx (Draft) A by-law to amend By—IawNo.79—200,to permit the use of the lands for the development of 6 detached dwellings (AM-2024—OO4). 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—laware described in Schedule 1 of this by—lawand shall be referred to in this by—lawas the “Lands”.Schedule 1 is a part of this by—law. The Lands shall be identified as two parcels,known as Parcels R4-1251 and R1E- 1252. The purpose of this by—lawis 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—lawand any existing provision of By—lawNo.79—200,the provisions of this by—laware to prevail. 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. The permitted uses shall be: (a)For Parcel R4—1251: (i)the uses permitted in a R4 zone (ii)A detached dwelling,in accordance with the regulations contained in 7.9.2 and in 7.9.3 of By-law No.79—200for a townhouse dwelling. (b)For Parcel R1E-1252,the uses permitted in the R1E zone. The regulations governing the permitted uses on Parcel R4—1251,shall be: (a)Minimum lot frontage for a detached 12.7 metres dwelling (b)Minimum rear yard depth for a detached 6 metres dwelling adetacheddwelling(d)Minimum privacy yard depth for a dwelling 6 metres(e)The balance of the regulations specified for the use of R4 zone.Page 15 of 23Page 110 of 326 10. 11. 12. The regulations governing the permitted uses on Parcel R1 E—1252,shall be: (a)Minimum lot area for an interior lot 365 square metres (b)The balance of the regulations specified for the R1E use. All other applicable regulations set out in By—IawNo.79—200 shall continue to apply to govern the permitted uses on the Lands,with all necessary changes in detail. No person shall use the Lands for a use that is not a permitted use. No person shall use the Lands in a manner that is contrary to the regulations. The provisions of this by-Iaw shall be shown on Sheet C3 of Schedule “A”of By-Iaw No.79-200 by redesignating the Lands from R1D to R4 and numbered 1251,in part, and R1E and numbered 1252,in part. Section 19 of By—lawNo.79—200is amended by adding thereto: 19.1.1251 Refer to By—IawNo.2024—Xxx 19.1.1252 Refer to By—lawNo.2024—Xxx Read a First,Second and Third time;passed,signed,and sealed in open Council this 16thday of July 2024. WILLIAMG.MATSON,CITY CLERK JAMES M.DIODATI,MAYOR S:\ZON|NG\AMS\2024\AM-2024—004 (PL20240103)—6529 St John St (PID#293816)\9 By-law\Bylaw AM—2024-004.docx Page 16 of 23Page 111 of 326 ZrNiagara?qus.SCHEDULE 1 TO BY-LAW NO.2024-xxxx (Draft) Area Affected by thls Amendment '3 U) H 3m -x 7? U) ’2 Amending Zoning By-law No.79-200 Description:PT LT 59 PL5 STAMFORDAS IN R0117039;CITYOF NIAGARAFALLSPTLT59PL5,PART1 ON 59R-16551,STAMFORD;CITYOF NIAGARAFALLSApplicant:Niagara Pines Developments Ltd.Assessment:272504001300101kz‘xusiv'v.:1Lc.:!:)'g.’01"2‘55:itcu’ulL-\7mvlng\7awlvlignu-Lap!"AM-2024-004a;13/1014Page 17 of 23Page 112 of 326 APPENDIX A Conditions of Draft Plan of Condominium Approval 1. Approval applies to the Draft Plan of Vacant Land Condominium prepared by Upper Canada Consultants, February 22, 2023, showing 5 units of vacant land for detached dwellings as well as a common private road and parking areas. Legal Services 2. The developer enters 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. 3. The developer submits a Solicitor’s Certificate of Ownership for the land to the City Solicitor prior to the preparation of the Vacant Land Condominium Agreement. Planning and Development Services 4. The developer submits 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. 5. The developer provides 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. 6. That the concurrent Zoning By-law Amendment comes into force and effect to provide land use regulations to guide the development of the subdivision. 7. The developer shall provide a Cash-in-lieu payment for parkland dedication at the current prescribed rate of 5% for residential uses as determined by a qualified appraiser at the cost by the developer. 8. The developer follows the recommendations of the Tree Inventory and Preservation Plan implemented prior to any site work. As specified in the TPP, permission from the respective property owner will be required prior to their removal as per the Forestry Act, R.S.O. 1990. 9. The developer provides a Landscape Plan which shall consider enhancing street frontage, plus the use of plant material and fencing for privacy. It is encouraged to increase landscaping along boundary lines to create a buffer, as well as increase the compatibility of the proposed development to the surrounding context. Information Services (GIS) 10. The developer provides a plan correlating the legal unit number with the civic unit number. Municipal Works (Development Services) 11. The developer provides to the City all necessary design reports and plans for review and approval prior to start of construction. 12. The developer designs and constructs the roadways within the proposed development in accordance with City Engineering Design Guidelines. Page 18 of 23 Page 113 of 326 2 13. The developer designs and constructs all underground services and stormwater management facilities within the proposed development in accordance with Ministry of the Environment, Conservation, and Parks requirements, and City Engineering Design Guidelines. 14. The developer submits 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. 15. The developer submits 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. 16. The developer designs and constructs the lot grading within the proposed development in accordance with the City’s Lot Grading & Drainage Policy, as amended, and City Engineering Design Guidelines. 17. The developer designs the lighting within the proposed development by a professional engineer licensed to practice in the Province of Ontario and that lighting be independently powered and metered. 18. The developer pays the Administration Fee in accordance with the latest version of the City’s Schedule of Fees. 19. The developer pays 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. Fire Services 21. The developer shall provide a site plan that demonstrates adequate fire access for firefighting equipment in accordance with Section 3.2.5 of the Ontario Building Code. 22. 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. 23. 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. 24. 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. 25. The developer shall provide site servicing drawings showing the locations of any proposed and/or existing fire hydrants (private/public). Page 19 of 23 Page 114 of 326 3 26. 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. Bell Canada 27. 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. 28. 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. 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. Enbridge Gas 29. The applicant shall use the Enbridge Gas Get Connected tool 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. 30. 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. 31. 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. Canada Post 32. 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. 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. Page 20 of 23 Page 115 of 326 4 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. Niagara Region 33. The developer shall comply with the Niagara Region’s Corporate Policy for Waste Collection and complete the Application for Commencement of Collection and Indemnity Agreement. 34. That the condominium agreement between the Owner and the City contain a provision whereby the owner agrees to include the following warning clauses within future Purchase and Sale or Lease Agreement: Purchasers 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). 35. 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: “If deeply buried or previously undiscovered archaeological remains/resources are found during development activities on the subject lands, all activities must stop immediately. If the discovery is human remains, contact the police and coroner to secure the site. If the discovery is not human remains, the area must be secured to prevent site disturbance. The project proponent must then follow the steps outlined in the Niagara Region Archaeological Management Plan: Appendix C.” 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 reviewing submissions related to individual conditions prior to receiving the formal request Page 21 of 23 Page 116 of 326 5 for clearance. In this regard, studies and reports can be sent directly to the Region with a copy provided to the local municipality. Hydro One Networks 36. The developer must make arrangements satisfactory to HONI for lot grading and drainage, prior to HONI providing its final approval. Digital PDF copies of the lot grading and drainage plans (true scale), showing existing and proposed final grades, must be submitted to HONI for review and approval. The drawings must identify the transmission corridor, location of towers within the corridor and any proposed uses within the transmission corridor. Drainage must be controlled and directed away from the transmission corridor. 37. Any development in conjunction with the condominium must not block vehicular access to any HONI facilities located on the transmission corridor. During construction, there must be no storage of materials or mounding of earth, snow or other debris on the tr ansmission corridor. 38. At the developer’s expense, temporary fencing must be placed along the transmission corridor prior to construction, and permanent fencing must be erected along the common property line after construction is completed. 39. The costs of any relocations or revisions to HONI facilities which are necessary to accommodate this condominium will be borne by the developer. The developer will be responsible for restoration of any damage to the transmission corridor or HONI facilities thereon resulting from construction of the condominium. 40. This letter and the conditions contained therein should in no way be construed as permission for or an endorsement of proposed location(s) for any road crossing(s) contemplated for the proposed development. This permission may be specifically granted by OILC under separate agreement(s). Proposals for any secondary land use including road crossings on the transmission corridor are processed through the Provincial Secondary Land Use Program (PSLUP). HONI, as OILC's service provider, will review detailed engineering plans for such proposals separately, in order to obtain final approval. Should approval for a road crossing be granted, the developer shall then make arrangements satisfactory to OILC and HONI for the dedication and transfer of the proposed road allowance directly to the Niagara Falls. Access to, and road construction on the transmission corridor is not to occur until the legal transfer(s) of lands or interests are completed. 41. In addition, HONI requires the following be conveyed to the developer as a precaution: The transmission lines abutting the subject lands operate at either 500,000, 230,000 or 115,000 volts. Section 188 of Regulation 213/91 pursuant to the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. The distance for 230 kV conductors is 4.5 metres (15 feet), and for 115 kV conductors it is 3 metres (10 feet). It is the developer’s responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. Page 22 of 23 Page 117 of 326 6 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: - Legal Services for Conditions 2-3 (inclusive) - Planning & Development for Conditions 4-9 (inclusive) - Information Systems (GIS) for Condition 10 (inclusive) - Municipal Works (Development Services) for Conditions 11-20 (inclusive) - Fire Services for Conditions 21-26 (inclusive) - Bell Canada for Condition 27-28 (inclusive) - Enbridge Gas for Condition 29-31 (inclusive) - Canada Post for Condition 32 (inclusive) - Region of Niagara for Conditions 33-35 (inclusive) - Hydro One Networks for Conditions 36-41 (inclusive) Page 23 of 23 Page 118 of 326 Address: 6529 St. John Street Applicant: Niagara Pines Developments Ltd. Agent: Ethan Laman (UCC) Proposal: To permit the development of 5 detached dwellings and a detached dwelling with a future consent application fronting onto St. John Street Zoning By-law Amendment Application AM-2024-004 Page 119 of 326 A GREAT CITY…FOR GENERATIONS TO COME Location Page 120 of 326 A GREAT CITY…FOR GENERATIONS TO COME Background •The application is to rezone the subject property to a site-specific Low-Density Group Multiple Dwellings R4 and a Residential (R1E) zone with a future consent application. •Land is designated Residential in the Official Plan and located in the Built-Up Area. The development with provide a density of approximately 20 units per hectare which complies within the allowed density of 20 to 40 units per hectare. •The subject lands are currently zoned Residential 1D Density (R1D), in accordance with Zoning By-law 79-200, as amended. Page 121 of 326 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief R1E zone – reduce the minimum lot area from 370 sq. m to 365 sq. m. R4 zone – add the use of a detached dwelling Reduce the minimum lot frontage from 30 m to 12.7 m, reduce the minimum rear yard depth from 7.5 m to 6 m, reduce the minimum interior side yard width from 5 m to 1.2 m, reduce the minimum privacy yard depth from 7.5 m to 6 m for units 2-5.Page 122 of 326 A GREAT CITY…FOR GENERATIONS TO COME Open House – June 11 Comment/Concerns Response •Out of Character for the area •The proposal is for detached dwellings which are consistent and compatible with the immediately surrounding land uses •Infrastructure Capacity •The FSR was prepared and submitted with the application. The Report confirms sufficient water and sewage capacity exists. •Traffic Concerns •City’s Transportation did not require a Traffic Study as a notable increase in traffic is not anticipated and will a minor impact within the neighbourhoood.Page 123 of 326 A GREAT CITY…FOR GENERATIONS TO COME Open House – June 11 Comment/Concerns Response •Construction Timing •From servicing to the end of construction would be 2-2.5 years. The construction will have to comply with the noise by-law timeframes. •Removal of Neighbouring Trees •Any trees located on the lot lines will require permission of the neighbouring landowner prior to any removal. A landscape plan is requested as a condition of the Draft Plan Condominium detailing location of new plantings. •Impact on Privacy •Maximum building height is 10 m which is the same building height permitted in the current R1D zone. The proposal will be subject to setbacks and privacy measures (fencing and landscaping) will be addressed as clearance of Draft Plan conditions. Page 124 of 326 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 125 of 326 A GREAT CITY…FOR GENERATIONS TO COME •That Council approve Zoning By-law amendment as recommended in report PBD-2024-27 RecommendationRecommendation Page 126 of 326 6529 ST. JOHN STREET NIAGARA FALLS, ONTARIO ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF VACANT LAND CONDOMINIUM Ethan Laman, MCIP, RPP Planner Upper Canada Consultants Page 127 of 326 Site Context St. Marks AvenueSt. John Street Subject Lands •Address: 6529 St. John Road •Area:0.367 ha (0.91acres) •Designated Residential in the Official Plan •Single detached dwelling Surrounding Area •Single detached dwellings •Residential and Institutional uses along St. John Street •Hydro corridor to the north Caswell Street SUBJECT LANDS Page 128 of 326 Proposed Development Private Road (Condo) Development 5 single-detached dwellings Visitor Parking Spaces Remnant Parcel is single- detached dwelling Page 129 of 326 Submitted Applications Application Purpose Zoning By-law Amendment •Applies appropriate Zoning provisions to implement and regulate the development proposal Draft Plan of Vacant Land Condominium •Establishes the individual ownership of the dwelling units and the common ownership of the shared infrastructure. Page 130 of 326 Supporting Studies Type Author Key Findings Functional Servicing Report Upper Canada Consultants •Details how the development will be connected to municipal water, sanitary and stormwater systems •Confirms that adequate capacity exists in the municipal systems for the proposed development Tree Inventory and Preservation Plan Jackson Arboriculture •Contains an inventory of existing trees •Identifies trees to be preserved, and preservation methods to be employed. Page 131 of 326 Thank You -Questions? Page 132 of 326 1 From: Kristine Merciales <kristinemerciales@hotmail.ca> Sent: Friday, July 12, 2024 8:03 AM To: Nick DeBenedetti <ndebenedetti@niagarafalls.ca> Subject: [EXTERNAL]-Against Rezoning of 6529 St. John Street I am a fellow neighbour of the Stamford area and am against the zoning by-law amendment for 6529 St. John Street. On my daily walks around the block, I always appreciate the amazing display of lush foliage with enormous trees looming over the property, to the extent that it is noticeable from a mile away. The trees on the property stand healthy and tall, amplifying the robins and mourning doves’ calls sitting atop the highest branches, morning and night and all throughout the day. I can physically feel that the air is fresher and the sounds of the trees swaying in the wind brings me peace and ease from the hustle and bustle of daily life. I look forward to seeing this property on my walks and bike rides as it is a force of nature, and to my dismay, a wooden sign for a notice of public meeting was erected. I audibly gasped in disappointment, not only towards the city, but in the fact that the property did not go into the right hands. We don’t see such pristine, untouched, natural growth, and for a property of this caliber, tucked away in a quiet neighbourhood, a rare gem, and it is a travesty to have it wiped out for the intention of building five (or any form of multiple housing even) unsightly, residential units probably made out of cardboard, for profit. For profit—instead of preservation, for the trait that human nature will never let go of, greed. Although it is always a good thing to provide housing, please find elsewhere. This is a disturbance to the ecosystem, no longer will there be fresher air, wildlife frolicking about and maintaining its natural ecosystem, as well as shade and temperature regulation; this is a death to the earth. I would rather the foliage take over the house that sits upon the property than the concrete suicide that the property developers intend for. An unsightly array of lots with no backyards, concrete driveways containing 90% of the property, and not even a double garage? Basically cramping humans into the tiniest dwellings for maximum profit to the detriment of untouched forsaken land. I suggest you look up the movie Vivarium, it may seem like this measly proposal development of housing won’t amount to much but if we enable this to happen on all untouched parcels of land, we would just let our planet go to a dystopian nightmare. This is just disgusting. The thought makes me sick to my stomach, how can we let this happen as a community. As someone in their early 20s, it is sad to see the land around me slowly dwindle to nothingness, growing up with the expanse of trees and nature to play around only to grow up and watch them disappear one by one. For the sake of the future generations, we as a community should be preserving our land to enjoy the beauty of nature, but it seems, the future generations will never experience nature’s elements and not know how good it was before them. Building multiple lots on this parcel of land is excessive and obnoxious. All of that will be gone for the sake of five measly residential units. To intend to destroy nature what has been on this earth for hundreds of years, providing us with fresh air, its abundance of wildlife, its natural protection against weather and diseases, is disgusting and you should be ashamed of yourselves. More nature! Less human made garbage for profit! Kristine Niagara Falls Resident 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 133 of 326 From: Stef Macleod Sent: Friday, May 31, 2024 1:52 PM To: Nick DeBenede$ Subject: [EXTERNAL]-Here’s my day Hello, Just thought I’d submit my input on the applica7on for the zoning amendment applica7on for 6529 St. John street. I live next door at the end of the street I think this change will absolutely change the en7re aesthe7c of the neighbourhood. It will increase traffic and noise and destroy the quality of neighbourhood myself and others have grown to love, the type of neighbourhoods that used to exist everywhere in Niagara Falls but are now being destroyed by developers more interested in profit. The fact that the plan is for property to start at the street will make for a complete eyesore. Now people will be staring in my once private backyard as these new planned homes will back right up to my fence. I hope you are not planning to approve three story high buildings as neighbour's will have absolutely no privacy anymore. I’ve been upset since the moment I heard about these plans as well as every neighbor I’ve spoken too in the neighbourhood. I showed up to the last mee7ng at city hall that was full of outrage Iam sure that’s why the next one will be virtual. I don’t think anyone’s opinion will make a difference as we did learn in the last mee7ng the people applying are related to the person who is to grant them this amendment but Iam at least going to say I tried to voice my opinion. Niagara Pines Development doesn’t live in this neighbourhood they are just here to make money, they dont give a damn about what the people who pay to live here want or need. They strictly see dollar signs. Its sad what is happening to Niagara Falls, everyone’s being driven out. I feel ill when I think of the construc7on we will be living in for the next years to come so that Pine Development can make some money and destroy a historical Niagara neighbourhood that was once a very beau7ful spot. It’s a shame. Not to men7on they shamelessly took the en7re backyard from my neighbour to build these “condos”. Money really is more important to people these days. I don’t know why they would be allowed to start building at the street? I don’t know how this could be jus7fied.. I don’t know why they would be granted the r4 zone in such neighborhood? They want to add another street? This is plopped right between 2 houses? What a nightmare. This makes me want to move. Stefanie Macleod Sent from my iPhone CAUTION: This email originated from outside of the organiza7on. Do not click links or open aLachments unless you recognize the sender and know the content is safe. Page 134 of 326 From: Julie Beaudoin Sent: Thursday, June 6, 2024 3:13 PM To: Nick DeBenedetti Subject: [EXTERNAL]-Notice of Application on St.John Street in Niagara Falls Dear Sir, I am writing to you as a resident in the area of 6529 St. John Street in Nfalls. I am concerned with the number of units that are being ‘suggested’ for build in this area. Creating a private road to accommodate these units in an established 70 year old Neighborhood is concerning. Our sewers and roads are old and may not be able to handle the increase of homes. I am sure that St. John St will be upgraded with the proper waste water system, none the Less a burden to the neighbourhood. I feel a ‘tear down’ of the current property and building a similar structure to take its place Is far more desirable, even two homes, but 5 condos? Their structure and design do not Comply with the aesthetic of the area. I am against this build. Sincerely put off, J. Beaudoin Sent from Mail for Windows 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 135 of 326 From: Rodney Clayton Sent: Tuesday, June 11, 2024 7:14 PM To: Nick DeBenede& Subject: [EXTERNAL]-Ques/ons re 6529 St John Street Ques/ons from Diane Clayton concerning building on St John Street. 1. How long will construc/on take once started? 2. How long has this builder been in this business? 3. How long a=er the permit is approved, will construc/on begin? 4. Will workers need to be on neighbouring property for any of the work? 5. What are typical working hours and does this include weekends? 6. What is the target price per dwelling? 7. Will the present fence be removed between lots and a new one constructed? 8. What is the reason trees on neighbouring property are recommended to come down? 9. Has a traffic analysis been done and if so, what were the results? 10. What impacts should the Neighbourhood expect and how will it be mi/gated ? Thanks so much, see you on the 16th of July. Will this be 4:30 and City Hall again? Diane Clayton, Sent from my iPhone CAUTION: This email originated from outside of the organiza/on. Do not click links or open aGachments unless you recognize the sender and know the content is safe. Page 136 of 326 The City of Niagara Falls, Ontario Resolution July 16, 2024 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act. WHEREAS on July 16, 2024, Niagara Falls City Council will be holding a Closed Meeting as permitted under s. 239 (2) of the Municipal Act, namely; (b) personal matters about an identifiable individual (c) a proposed or pending acquisition or disposition of land by the municipality; (d) labour relations or employee negotiations (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose. as well as an educational topic as defined in section 239 (3.1) THEREFORE BE IT RESOLVED that on July 16, 2024, Niagara Falls City Council will go into closed meetings to consider matters that fall under section 239 (2) (b) personal matters about identifiable individuals, (d) labour relations or employee negotiations; and (h) information explicitly supplied in confidence to the municipality by Canada, a province or territory, all related to the City of Niagara Falls Customer Service Plan implementation. The City will also consider a matter that falls under section 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality related to potential property acquisition. A matter will also be discussed that deals with litigation or potential litigation, including matters before an administrative tribunal for advice that is subject to solicitor- client privilege dealing with the Grassy Brook Secondary Plan. Lastly the City will consider a matter that falls under section 239 (3.1) for an educational matter dealing with the City’s new Enterprise Resource Planning system. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 137 of 326 F-2024-26 Report Report to: Mayor and Council Date: July 3, 2024 Title: 2025 Budget Timetable and Budget Engagement Plan Recommendation(s) 1. THAT Council RECEIVE Report F-2024-26, 2025 Budget Timetable and Budget Engagement Plan for information. 2. THAT the Mayor CALL a Special Meeting on Tuesday, November 26, 2024 for the 2025 Capital and 2025 Parking Budget deliberations. Executive Summary Staff have prepared this report in order to inform Council of the 2025 budget timelines and the 2025 Budget Engagement Plan. A preliminary budget projection report will be provided to Council later this year for Council to have an opportunity to provide staff direction on budgetary guidance in order to establish the financial framework to be used by staff while preparing the proposed 2025 budgets. This direction will guide staff to ensure that the proposed budgets are aligned with the budgetary goals of Council. Analysis 2025 Budget Timetable Section 290(1) of the Municipal Act requires all municipalities to prepare and adopt an annual operating budget. Annually, the City of Niagara Falls prepares four budgets that are approved by Niagara Falls City Council: 1. Capital Budget 2. Parking Budget 3. Water/Wastewater Rate Budget 4. Tax Levy Supported Operating Budget This report outlines the proposed presentation timelines for the 2025 budgets as well as a Budget Engagement Plan. Page 1 of 10 Page 138 of 326 Budget Council Deliberation Date Capital Budget Mon. November 18, 2024 - 1:00pm start (in Camera Education Session) Tues. November 26, 2024 (Special Meeting) Parking Budget Tues. November 26, 2024 (Special Meeting) Water/Wastewater Rate Budget Tues. December 10, 2024 (Regular Meeting) Tax Levy Supported Operating Budget Mon. January 13, 2024 - 1:00pm start (in Camera Education Session) Tues. January 21, 2025 (Special Meeting) 2025 Public Budget Consultation Consistent with prior years, City of Niagara Falls staff will undertake an annual budget engagement survey with the results provided to Council to help guide budget decisions. Staff will undertake the survey August through to October 2024. Staff have included sample survey questions in Attachment 1. Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments:  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.  To be efficient and effective in our delivery of municipal services and use of resources and accountable to our citizens and stakeholders Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . List of Attachments F-2024-26 - Attachment 1 - Let's Talk 2025 Budget Engagement - Draft Survey Written by: Tiffany Clark, Director of Finance Page 2 of 10 Page 139 of 326 Submitted by: Status: Tiffany Clark, Director of Finance Approved - 08 Jul 2024 Shelley Darlington, General Manager of Corporate Services Approved - 09 Jul 2024 Jason Burgess, CAO Approved - 10 Jul 2024 Page 3 of 10 Page 140 of 326 Let's Talk: 2025 Budget Engagement Survey Have Your Say in Shaping Your Community's Future! Your voice matters, and now is the time to make it heard! Each year, Niagara Falls residents are encouraged to participate in the City's annual budgeting process. Your input is crucial as we work together to create a budget that reflects your priorities and values for our wonderful community. Get Involved! Each year, the City invites input into the budget process, and we encourage you to participate in the 2025 Budget Engagement Survey below so that your input can help shape the budget next year. The Budget Engagement Survey is used as one of several points of reference in gauging public opinion. Why Your Participation Matters: • Community-Centred Budget: The 2025 budget is focused on three key areas that directly impact your daily life, from essential services to infrastructure development and public spaces: o Tax Levy Supported Operating Budget o Water & Wastewater Budget o Capital Budget • Transparency and Accountability: We are committed to transparency in our budgeting process. Your feedback will help us allocate resources effectively and ensure your hard-earned tax dollars are spent wisely. • Your Vision, Your Future: Your insights will guide our decision-making process. Your thoughts on priorities will shape the budget that sets the course for our community's future. • Inclusivity: We want to hear from every resident, ensuring all voices are represented. Your unique perspective is invaluable in creating a budget that serves everyone. This survey takes approximately five minutes to complete. Do you have questions or comments about the 2025 Budget? We're happy to answer your questions, provide clarification and listen to your comments. Submit your questions or comments on the Let's Talk Budget 2025 page, and a member of our Finance team will reply. Page 4 of 10 Page 141 of 326 Balancing Priorities and the Budget 1) a) Do you reside, work, or own a business in Niagara Falls?  Yes  No b) If you answered yes, please select the options which apply to you.  Resident  Work in Niagara Falls  Own a business in Niagara Falls 2) Balancing competing priorities can require decisions about service levels. The level of service can be increased or decreased by changes, such as reducing operating hours or frequency of service. Increasing services would likely increase taxes, maintaining service s would result in inflationary increases, and decreasing service levels could reduce taxes. Please tell us if the City should increase, decrease or maintain its budget investment in the following programs and services: Increase Maintain Decrease Cultural programs and facilities (for example, holding cultural events such as concerts, art exhibits or other activities at the Niagara Falls History Museum and The Exchange) ( ) ( ) ( ) Economic development (for example, attracting new business to the area or assisting to expand existing business, strategic opportunities such as new ( ) ( ) ( ) Page 5 of 10 Page 142 of 326 sector development, and business support services) Facility maintenance (for example, rehabilitation and repairs to community centres, arenas, and other facilities) ( ) ( ) ( ) Libraries ( ) ( ) ( ) Parks and trails (for example, new development, playground rehabilitation) ( ) ( ) ( ) Pools and splash pads ( ) ( ) ( ) Recreation programming (for example, Older Adults programming and recreation activities offered at MacBain Community Centre) ( ) ( ) ( ) Road maintenance and replacement (for example, pothole repair, resurfacing) ( ) ( ) ( ) Sports facilities and fields (for example, Oakes Park, soccer pitches and baseball diamonds) ( ) ( ) ( ) Page 6 of 10 Page 143 of 326 Budget Priorities 3) From the list below, please rank your budget priorities for the next five years (1 is highest priority,11 is lowest priority): ________Arenas ________Athletic fields (soccer, baseball, cricket) ________Bridges ________Climate change mitigation and protection ________Energy efficiency ________Fire stations ________Park and trail development ________Roads/streets ________Water, wastewater (sewer) and storm infrastructure ________Affordable housing ________Funding to assist with homelessness and drug addiction Setting Tax Rates 4) Municipal property taxes are the primary way to pay for assets and services provided by the City. How should Niagara Falls set its taxes? Select the statement you most agree with from the list below: ( ) Set the tax rate to ensure our assets (such as facilities, roads, etc.) and services are maintained. ( ) Keep tax increases as close to zero as possible, even if this means reducing services. ( ) Keep taxes around the rate of inflation. ( ) Set the tax rate to ensure that Niagara Falls can maintain our assets and services as well as invest in new services. Page 7 of 10 Page 144 of 326 Environmental Sustainability 5) One of the 2023-2027 Strategic Plan Pillars is Environmental Sustainability. Please rank the following potential environmental sustainability projects (1 being the highest priority and 7 being the lowest priority): ________Greening more fleet vehicles with hybrid or electric vehicles ________Providing incentives to homeowners and builders to build more sustainably ________Increase the amount of spending on maintenance and construction of trails, walkways, and other active transportation amenities ________Install more vehicle charging stations for public use ________Increase resources towards maintenance of existing woodlots, naturalized areas, urban forests and the planting of new trees. ________ Invest in flood resiliency initiatives such as sewer separation, stormwater management improvements, bioswales, and permeable pavement ________Performing energy audits and pursuing retrofits and alternative energy sources at our City-run facilities. User Fees 6) The City of Niagara Falls charges fees for a variety of services that add to residents quality of life. For example, there are fees for using an ice rink, baseball diamond, or soccer field, attending swimming lessons and other recreation programs, licencing (business and wedding licence) and cemetery fees. In most cases, the cost associated with providing the service is significantly higher than the user fee charged. Due to this, the difference between the cost of providing the service and the user fee charged to the user is borne by all taxpayers through their property taxes. What level of support should be provided by the user and the general property taxpayer for these types of services? Please select the option you agree with the most. ( ) There should be no user fees. These are all valuable services and should be free of charge, with the general taxpayer absorbing the entire cost. ( ) The user of the service should pay 25% of the cost of the service, and the general property taxpayer the majority. Page 8 of 10 Page 145 of 326 ( ) The user of the service should pay 50% of the cost of the service, and the general property taxpayer pay 50%. ( ) The user of the service should pay the majority of the cost of the service that they are using. ( ) The user should pay all of the cost to provide the service that they are using. Aging Facilities – two options 7) When it comes to aging facilities, such as pools, arenas, etc., would you prefer to pay more to refurbish an existing facility, or use that money to invest in new facilities? ( ) Pay more to refurbish an existing facility. ( ) Use that money to invest in new facilities. OR The City has a number of aging buildings and recreational amenities requiring replacement or repair that are currently unfunded. Should the City pay to replace or repair the following assets: Cost to repair Cost to replace Mitchelson Pool Chippawa Willoughby Arena Firehall Theatre 8) What is your age range? ( ) Under 18 years ( ) 19-25 ( ) 26-34 ( ) 35-44 ( ) 45-54 Page 9 of 10 Page 146 of 326 ( ) 55-64 ( ) 65-74 ( ) 75 years or older 9) Please provide your email If you would like to receive updates on related engagements, such as Asset Management. Email: ________________ Thank You! Page 10 of 10 Page 147 of 326 F-2024-28 Report Report to: Mayor and Council Date: July 16, 2024 Title: Update on Low Income Seniors' and People with Disabilities Property Tax Deferral Recommendation(s) 1. THAT Council RECEIVE Staff Report F-2024-28, Update on Low Income Seniors’ and People with Disabilities Property Tax Deferral as information. 2. THAT Council APPROVE continuing with the Current Low-Income Senior’s and Person with Disabilities Property Tax rebate program. Executive Summary Staff were asked to explore the option of creating a Low-Income Senior and Persons with Disabilities Property Tax Deferral program to replace the current Senior Property Tax and Person with Disabilities rebate program. Based on Section 319 of the Municipal Act it was determined that this program must be created through by-law of the Upper Tier Municipality only. Council then made a motion for the Regional Municipality of Niagara to modify their current by-law 96-2006 to eliminate the minimum threshold tax increase of $200 a year. Staff have been in on-going conversations with the Region regarding this modification but believe the Regional recommendation will be to leave the current by-law as is. It is staff’s recommendation to continue with the current Low-Income Senior’s and Person with Disabilities Property Tax Rebate of $80 a year. Background In 2023, staff was asked to explore the option of a Low-Income Senior and Persons with Disabilities Property Tax Deferral Program opposed to the current Low Income Senior Property Tax Rebate. After research on Section 319 of the Municipal Act, it was determined this program’s by-law must be passed by only the Upper Tier Municipality and administered by the Lower Tier. At the February 6, 2024, City of Niagara Falls Council Meeting Councilor Nieuwesteeg brought forward the following motion which was approved: Page 1 of 9 Page 148 of 326 THAT the Region be asked to consider amending by-law 96-2006, a by-law to establish criteria for applications for tax deferrals by low-income seniors and low- income disabled persons to remove the $200 threshold as identified in definition of "eligible deferral amount" and throughout the by-law. At this point staff began discussion with Regional staff to make the suggested modifications to by-law 96-2006 (Attachment 1). Analysis Section 319 of the Municipal Act relates to tax deferrals and relief of financial hardship. This section has been attached to this report as Attachment 2. Section 319 (1) states: For the purposes of relieving financial hardship, a municipality, other than a lower-tier municipality, may pass a by-law providing for deferrals or cancellation of, or other relief in respect of, all or part of a tax increase for 1998 and subsequent years on property in the residential property class for persons assessed as owners who are, or whose spouses are, (a) low-income seniors as defined in the by-law; or (b) low-income persons with disabilities as defined in the by-law. Section 319 is clear that a lower-tier municipality cannot initiate that by-law on its own instance. A lower-tier is obligated to follow an upper-tier by-law in this regard. Therefore, creating a Niagara Falls only Senior Deferral program would be outside of statutory authority and the City can only administer the Region’s program. Staff have participated in on-going discussions with the Region since the motion was made at Council on February 6, 2024, to modify the Region’s current by-law and remove the $200 minimum tax increase threshold. Regional staff indicated this needs to be agreed upon by all Municipalities within the Region. Discussions with the Region are still on-going, and the City has not received a formal response to the motion. Although not official, it is anticipated the response to removing the $200 threshold will not be recommended. For the 2023-year, City staff received and approved 6 applications under the Regional Program for the Low-Income Senior and Persons with Disabilities Property Tax Deferral. This totaled a deferral amount of $3,642. Even with only 6 applicants this program has been very labour intensive to administer as the deferral amount must stay on the tax account as an outstanding balance. Financial Implications/Budget Impact There are no budget implications as currently no changes are recommended. It is recommended that the City continues with the current Low-Income Senior and Persons with Disabilities rebate program. In 2024, this program had a tax levy supported operating budget expense of $85,000 with a rebate of $80 per year to those who qualify. Page 2 of 9 Page 149 of 326 Strategic Plan Pillars List of Attachments F-2024-28 Update on Low Income Seniors' Property Tax Deferral Attachment 1 F-2024-28 Low Income Senior' Property Tax Deferral Attachment 2 Written by: Amber Ferguson, Manager of Revenue Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 09 Jul 2024 Shelley Darlington, General Manager of Corporate Services Approved - 09 Jul 2024 Jason Burgess, CAO Approved - 09 Jul 2024 Page 3 of 9 Page 150 of 326 Bill96 THE REGIONAL MUNICIPALITYOF NIAGARA BY—LAWNO;96-2006 A BY—LAWTO ESTABLISH CRITERIA FOR APPLICATIONS FOR TAX DEFERRALS BY LOW-INCOME SENIORS AND LOW—INCOME DISABLED PERSONS WHEREAS Section 319 of the Municipal Act,2001 3.0.;2001 C;.25,as amended,requires the Regional Municipality of Niagara to pass a by—law providing for deferrals or cancellation of,or other relief in respect of,all or part of a tax increase for 1998 and subsequent years on property in the residential property class for persons assessed as owners who are,or whose spouses are, (a)low-income seniors as de?ned in the by—law;or (b)low—incomepersons with disabilities as defined in the by—law.. THEREFORE the Council of The Regional Municipalityof Niagara enacts as follow: 1)In this by—law: “tax increase”is the difference between the annual taxes levied onthe property in the preceding year and the annual taxes levied in the current yean “eligible deferral amount”means that part of the tax increase for the taxation year in which theapplication is made which is in excess of two hundred dollars ($200.00); “Treasurer”means the Treasurer of the lower-tier municipality within which an eligible property is located; “eligible property”means the ownersprincipal residence which is in the residentialproperty class and for which all property taxes have been paid in full; “principal residence”is as de?ned by the Income Tax Act; “residential property class”is as de?ned by the Assessment Act,R80.» 1990,0;A31,as amended and the regulations thereto; ‘I‘l'm‘ll Page 4 of 9 Page 151 of 326 Bill96 “owner”means an individual who owns eligible property and who is,or whose spouse or same—sex partner is: i)at least 65 years of age w in receipt of,or has made application for,the monthly Guaranteed Income Supplement (GlS)provided under Part [I of the Old Age Security Act (Canada);or ii)disabled w in receipt of,or has made application for,bene?ts under the Ontario QisabilitySupport Program (ODSP), 2,To be eligible for a property tax deferral,the owner: a) b) C) d) e) must occupy the property,within the Regional Municipality of Niagara,as his/her principal residence for the full year for which the tax deferral is sought; must have owned a residential property within the Regional Municipality of Niagara for a period of at least one year preceding the application; ensurethat the property taxes on the eligible property have been paid in fullfor the tax years proceeding the application; must be responsible to pay a tax increase of at least $200 in the year of application;and submit all relevant documentation to the Treasurer, 3)The followingconditions apply to deferred taxes: a) b) e) The deferred taxes must be repaid in full as soon as: i)the property is sold; ii)on tax sale of the property; iii)the owner dies; iv)the owner’s of title to the property is transferred (excluding transfer of ownership to spouse)and before the proceeds of sale are disbursed;or v)when the property or owner ceases to be eligible under the criteria established by the by—lawincluding when an application for GIS or ODSP is rejected, Tax relief amounts under municipal by—lawsare not transferable to others or the estates of deceased owners, No interest charges shall accrue on property taxes deferred pursuant to this by—law, 4)The following limitsapply to any deferral under this by—law: a) b) C) CD Only current taxes but not tax arrears or outstanding taxes can be deferred: Only one deferral granted per owner per eligible property per year, The tax increase must be greater than $200,. The accumulated amount of the tax deferral cannot exceed 50%of the current assessed value of the property, ‘Irin Page 5 of 9 Page 152 of 326 Bill96 All applicants for tax deferrals under this by—lawshall submit an application and provide all supporting documentation in a form satisfactory to the Treasurer including: a)proof of age as applicable; b)proof of receipt of GIS or ODSP payments as applicable;and c)permitting the local municipality to independently verify all documentation provided in an application” That this by—lawshall come into force and take effect on January 1,2006 at which time Regional Municipality of Niagara By—law87—2001shall be repealed” THE REGIONAL MUNICIPALlTYOF NIAGARA ?M‘ l; (Pam Gilroy,Regional Clerk)/ Passed:October19 2006 [‘l'll'l" Page 6 of 9 Page 153 of 326 F-2024-28 Update on Low Income Senior’s Property Tax Deferral Attachment 2: Municipal Act Section 319 Tax deferrals, relief of financial hardship 319 (1) For the purposes of relieving financial hardship, a municipality, other than a lower-tier municipality, may pass a by-law providing for deferrals or cancellation of, or other relief in respect of, all or part of a tax increase for 1998 and subsequent years on property in the residential property class for persons assessed as owners who are, or whose spouses are, (a) low-income seniors as defined in the by-law; or (b) low-income persons with disabilities as defined in the by-law. 2001, c. 25, s. 319 (1); 2002, c. 17, Sched. A, s. 52; 2002, c. 22, s. 155; 2005, c. 5, s. 44 (5). Tax relief must be given (2) A municipality, other than a lower-tier municipality, shall pass a by-law under subsection (1). 2001, c. 25, s. 319 (2). (2.1) REPEALED: 2003, c. 7, s. 14 (1). (2.2) REPEALED: 2003, c. 7, s. 14 (1). Tax increases (3) For a tax increase beginning in a taxation year in which a general reassessment occurs, the tax increase is the tax increase determined under subsection 318 (3) reduced, if the tax increase is being phased in under a by-law made under subsection 318 (1), by the amount not yet phased in. 2001, c. 25, s. 319 (3). (3.1) REPEALED: 2003, c. 7, s. 14 (1). Subsequent years (4) The Minister of Finance may make regulations determining the amount of tax increases beginning in a year subsequent to the taxation year referred to in subsection (3). 2001, c. 25, s. 319 (4). Application to lower-tiers (5) A by-law of an upper-tier municipality providing for a deferral or cancellation of tax increases or other relief in respect of tax increases also applies with respect to the tax increases for lower-tier and school purposes. 2001, c. 25, s. 319 (5); 2003, c. 4, s. 12 (2); 2003, c. 7, s. 14 (2). Page 7 of 9 Page 154 of 326 Amounts transferred by local municipalities adjusted (6) If a local municipality levies a tax rate for upper-tier or school purposes in respect of which there is a deferral or cancellation of tax increases or other relief in respect of tax increases, the amount of taxes the local municipality shall pay the upper-tier municipality or school boards shall be reduced accordingly. 2001, c. 25, s. 319 (6). Deferred taxes, payments to upper-tier, school boards (7) If a local municipality levies a tax rate for upper-tier or school purposes in respect of which there is a deferral of tax increases, the local municipality shall pay the upper-tier municipality or school boards their share of any deferred taxes and interest when they are paid. 2001, c. 25, s. 319 (7). Deferred taxes, etc., shown on tax certificates (8) The treasurer of a municipality who issues a tax certificate in respect of a property for which taxes have been deferred shall show the amount of the deferred taxes and any accrued interest on the certificate. 2001, c. 25, s. 319 (8). Interest (9) Interest may be charged on taxes for taxation years before 2001 that are deferred under a by-law of a municipality at a rate not exceeding the market rate as determined by the municipality but no such interest may be charged for the 2001 or subsequent taxation years. 2001, c. 25, s. 319 (9). Part payments credited to interest first (10) An amount received in part payment of deferred taxes and interest shall be credited towards the interest before being credited towards the taxes. 2001, c. 25, s. 319 (10). By-law may apply to taxes already paid (11) A by-law may provide for the cancellation or deferral of, or other relief in respect of, taxes that have already been paid. 2001, c. 25, s. 319 (11). Interest and penalties (12) The municipality that passed the by-law under subsection (1) or, if the municipality is an upper-tier municipality, the lower-tier municipality, (a) may waive interest and penalties on amounts that were not paid when they were due and that, as a result of the deferral, cancellation or other relief, are no longer owed; and Page 8 of 9 Page 155 of 326 (b) may pay interest on amounts paid on account of taxes that, as a result of the deferral, cancellation or other relief, exceed the taxes. 2001, c. 25, s. 319 (12). Different due dates (13) For the purposes of clause (12) (a), if different parts of the taxes were due at different times, the amounts that are no longer owed shall be deemed to have been the latest taxes due. 2001, c. 25, s. 319 (13). Special lien (14) Subsection 349 (3) applies with necessary modifications with respect to deferred taxes and interest on such taxes. 2001, c. 25, s. 319 (14). Page 9 of 9 Page 156 of 326 PBD-2024-28 Report Report to: Mayor and Council Date: July 16, 2024 Title: Honourary Street Name: Gordon Singleton Recommendation(s) That Council approve a Honourary Street Naming Application, to honourarily name Whirlpool Road after Gordon Singleton for a period of five years, with the opportunity to apply for an extension of an additional five years, under By-Law 2023-033. Executive Summary An application to honourarily name Whirlpool Road after Gordon Singleton has been received, to recognize Mr. Singleton’s contribution to the community through his impressive cycling career, which has included competing at the Olympics, winning multiple World Championship titles and obtaining three world cycling records, and as a small business owner who grew up and lived in Niagara Falls. Whirlpool Road is an appropriate choice for such an honour, as it is a major conduit for cyclists in Niagara Falls as they move through the city and along the Niagara Parkway to access cycling trails in the Niagara Region. This application meets five of the seven Honourary Street Naming Policy criteria, and there are no disqualifying attributes about Gordon Singleton or his career that staff could identify. As such, Staff recommend approval of this application. Background Under section 11(1) of the Municipal Act, 2001, R.S.O., a municipal corporation has the powers matters respecting powers making by-law natural person a of including regarding highways, such as naming highways. On April 18th, 2023, City Council passed By-Law 2023-033, which established an Honourary Street Naming Policy. With this by-law, the City is able to honour prominent residents or organizations, by adding honourary street name toppers to street signs in Niagara Falls for a period of five years. An honourary street name does not affect addressing, as the original street name is not removed. Gordon Singleton was a Niagara Falls resident who sadly passed earlier this year after a long battle with cancer. He was an Olympic athlete and world champion. He represented Niagara Falls throughout his international and professional cycling career, having competed in the 1976 Olympics, and being named to the 1980 Olympic team. Following his cycling career, he operated Niagara Battery and Tire and continued to Page 1 of 6 Page 157 of 326 pursue his passion for sport, joining the cycling clubs within the city and even competing at masters events in the age 50+ categories. Avid cyclists in the city will speak to their frequent use of Whirlpool Road to access the various cycling trails and paths that branch out from the City, and Whirlpool Road has been described by cyclists as the conduit between the north end of the City, the Millenium Trail and the Niagara Parkway. Analysis Gordon Singleton’s Cycling Career Gordon Singleton first took up cycling at 17 years old in 1974. In his first year, he competed for the St. Catharines Cycling Club, and in his first-year racing at 17 years old, he won gold at the Ontario Junior Sprint Championship and silver at the Canadian Junior Nationals. In just his second year competing, Singleton graduated to the elite men’s circuit and won his first Canadian National Sprint title. Following this success Singleton moved to Liverpool, U.K., to work with his coach and mentor, Eddie Soens. At just 19, Gord was selected for the 1976 Olympic team and competed at the Montreal Olympics racing in the sprint events, and shortly after the games went on to medal at the Canadian Track Cycling Championships. Singleton followed up this success with two medals at the 1978 Commonwealth Games. At the 1979 Pan-Am Games, Singleton took gold in the 1,000 metre track time trial, and the sprint. Also in 1979, he won three more golds at the Canadian Track Cycling Championships, and the Omnium Track Championship Medal. He followed this with a silver at the World Championships in August 1979. Coming into 1980, Singleton was ranked as the second-best sprint cyclist in the world, and was named to the Olympic Team, however, the U.S. led Olympic boycott of the 1980 glory. Olympic for chance his Not Singleton robbed games Moscow of discouraged, Singleton made the decision to attempt the world records for the 200, 500, and 1,000 metre sprints. That summer, Singleton successfully broke all three records in a 24-hour period, making him the first, and still the only person to hold all three records simultaneously. UCI the at shoulder separated suffering after 1982, In World a Championships, Singleton chose to retire. Other Life Achievements Following his cycling career, Gordon Singleton returned home to Niagara Falls and took over his family’s business of Niagara Battery and Tire. He remained a strong proponent of sport, and cycling, continuing to ride recreationally throughout his life, and made a return to competitive racing in the 1990’s, winning double gold medals at the 1998 World Masters Championship in the 40-45 year category. In 2006 he would win again, this time in the 50-55 year category. He was appointed a member of the Order of Canada in 1986 and was inducted into the Niagara Falls Sports Wall of Fame in 1990. He also represented the City during the Page 2 of 6 Page 158 of 326 2010 Olympic Torch run ahead of the Vancouver Olympics, and he was inducted into the Canadian Cycling Hall of Fame on October 10, 2015. Honourary Street Naming Criteria Schedule A of By-Law 2023-033 identifies seven principles for determining suitable candidates for Honourary Street Names, and three disqualifying criteria. Of the seven guiding principles, this application meets five of the seven criteria. a. Names shall be based on persons associated with the City of Niagara Falls; o Gordon Singleton grew up in Niagara Falls and following his professional cycling career was a small business owner in the City for over 40 years. He was also prominent in local cycling clubs. b. Names shall be based on local history, organizations, places, events, or culture; o Not applicable. c. Names shall be based on persons who demonstrate excellence, courage, or exceptional service to the citizens of the City of Niagara Falls; o As an Olympic athlete and world champion, Gordon Singleton demonstrated excellence in sport, and was a representative of Niagara Falls on the world stage. d. Names shall be consistent with a neighbourhood identity and community commitment; o Gordon Singleton’s lifelong commitment to sport, in particular his enduring passion for local cycling and cycling clubs embodies this criteria. e. Names shall be based on native wildlife, flora, fauna, or natural features related to the community and the City of Niagara Falls; o Not applicable. f. Names shall be unique. Name duplication and similar sounding names shall be avoided; and, o There are no other streets within Niagara Falls named after Gordon Singleton, nor contain the name Singleton. g. Names shall portray a strong positive image of the City, give a sense of place, continuity and belonging and celebrate the distinguishing characteristics and uniqueness of the City. Page 3 of 6 Page 159 of 326 o Gordon Singleton’s contributions to cycling in Niagara Falls are a keystone of the City’s athletic community. His career in cycling has brought prestige to the City, and his contributions to the City as a small business owner has been inspiring to other residents of the City. Schedule “A” specifies that names shall not be political in nature; be or perceived to be discriminatory or derogatory of race, colour, ethnic origin, gender identity or expression, sexual orientation, religion, or creed; or, be corrupted or modified names or names associated with controversial or divisive persons or views. During the review of the application, staff did not find any aspects of Gordon Singleton’s life or career that would be disqualifying under these criteria. Term Limit Extension The Honourary Street Name sign will remain in place for a term of five years. There is an option to extend this for a second five-year term by request of the applicant, or other invested party. At the end of the term, the Honourary Street Name sign will be removed. Comments Received Pursuant to the Honourary Street Naming Policy and By-law this application was circulated for comments to multiple City departments and divisions, and the Niagara Parks Commission (NPC). The NPC has no concerns or objections to this application. Within the City, this application was circulated to the Fire Department, Geographic Information Systems (GIS), and Municipal Works, none of whom had concerns. Honourary Name: Next Steps Upon approval, a decorative sign topper will be added to the municipal street signs for Whirlpool Road (a maximum of two signs, one at each end of the street) that will have the words “In honour and memory of Gordon Singleton”. The design and details will be in coordination with the City’s Urban Designer and Transportation department to ensure a visually pleasing design that does not cause confusion or distraction for motorists using Whirlpool Road. The sign will be installed by City staff. It is anticipated that the sign will be installed within 3 months of approval of this report. Decorative Sign Topper A decorative sign topper is used to add visual flare to an existing or planned sign. In the case of street signs, these are typically in a contrasting colour, and of similar size. In order for it to be visually appealing, shapes are used to make the topper distinct, such as points, or curves. The City of Niagara Falls has not yet developed a standard sign topper design, but designs can be expected to follow similar principles to the examples attached. Page 4 of 6 Page 160 of 326 Operational Implications and Risk Analysis The City of Niagara Falls will cover the cost of fabricating two street sign toppers and installation of the signs. Financial Implications/Budget Impact Council made the decision to waive application fees for this proposal in recognition of Gordon Singleton. The cost of the application, $735.63, will be covered by the City of Niagara Falls. Strategic/Departmental Alignment The Honourary Street Naming Policy is consistent with the City's Official Plan, Cultural Heritage Conservation. Strategic Plan Pillars List of Attachments Appendix ! Written by: John Hagemans, CPT, Assistant Planner, Policy Planning Submitted by: Status: Signe Hansen, Director of Planning Approved - 08 Jul 2024 Kira Dolch, General Manager, Planning, Building & Development Approved - 08 Jul 2024 Jason Burgess, CAO Approved - 09 Jul 2024 Page 5 of 6 Page 161 of 326 6 PBD-2024-XX July XX, 2024 Appendix 1: Separate Sign Topper Page 6 of 6 Page 162 of 326 PBD-2024-29 Report Report to: Mayor and Council Date: July 16, 2024 Title: PBD-2024-29 Amendment to By-law No. 2007-41 to include the definition of weeds Recommendation(s) It is recommended: 1. THAT Council AMEND by-law No. 2007-41 to include a definition of grass and weeds in the general provisions or definitions of the by-law. 2. THAT Council AMEND Section 8 of by-law No. 2007-41 to include weeds in long grass provisions of the by-law. Executive Summary At the May 28, 2024, Council meeting, Council directed that staff review the wording of the current tall grass by-law to ensure that it includes weeds. The Litter and Maintaining of Land by-law No. 2007-41 notes that grass shall be maintained less than 20cm of length but does not identify weeds. The exemption of any weed’s definition can be problematic where a private homeowner identifies that his property consists primarily of weeds and not grass. The by-law should include weeds to better assist Municipal Enforcement Staff to address both grass and weeds through the issuance of a Notice or Order to remedy the property in compliance of applicable law. The weeds definition has been added in the new proposed by-law attached to this report. Analysis It is proposed that the City of Niagara Falls By-law No. 2007-41 be amended to include the definition of weeds to better serve Municipal Enforcement Staff’s ability to enforce the long grass and weeds provisions in property related complaints. Page 1 of 11 Page 163 of 326 Weeds can result in an allergic reaction to health problems for individuals, can disrupt ecological systems by way of their invasiveness and have an impact on heath, safety and well-being of inhabitants and the natural environment. A noxious weed is a plant that has been listed in the Schedule of Noxious Weeds found in the Regulations 1096 made under the Weed Control Act. Regional Council appointed Area Weeds Inspectors pursuant to Section 6(1) of the Weed Control Act, R.S.O 1990, c. W.5. The City of Niagara Falls defers to the Regional Noxious Weeds Inspectors for the Enforcement of Noxious Weeds within the City of Niagara Falls if required. These appointed Regional Weeds Inspectors are qualified to issue orders for the destruction of noxious weeds/seeds or issue charges for the contravention of the Act. Financial Implications/Budget Impact Complaints that are property related can consume disproportionate amount of City staff time and resources and impede Municipal Enforcement Services staff from addressing other complaints and issues in a timely manner. General provisional language or should be included in by-laws to better assist with the enforcement of property related concerns. All complaint-related enforcement concerns are captured in the Municipal Enforcement Departments operating budget. Strategic/Departmental Alignment The City of Niagara Falls is committed to customer service excellence and seeks to provide resolve to public and Council the members all to service exemplary of complaints in a timely, responsible and efficient manner. Strategic Plan Pillars List of Attachments By-law 2007-41 - Litter - Maintaining of Land by-law - By-law - Litter - Maintaining of Land by-law - Written by: Gerald Spencer, Manager of Municipal Enforcement Services Submitted by: Status: Signe Hansen, Director of Planning Approved - 08 Jul 2024 Page 2 of 11 Page 164 of 326 Kira Dolch, General Manager, Planning, Building & Development Approved - 08 Jul 2024 Jason Burgess, CAO Approved - 09 Jul 2024 Page 3 of 11 Page 165 of 326 CITY OF NIAGARA FALLS By-law No. 2007 - 41 A by-law to regulate the maintaining of land in a clean and clear condition. WHEREAS the Council of the Corporation of the City of Niagara Falls has determined that it is in the public interest to utilize any and all of the powers vested in it to provide for the maintenance of land in a clean and clear condition and is of the opinion that vehicles, trailers recreational vehicles and other conveyances parked or stored upon lands that are not a surfaced parking area as defined in this by-law constitute a nuisance; AND WHEREAS the Council is further of the view that land having grass growing upon it that is greater than 20cm in length constitutes a nuisance. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. In this by-law, (a) “City” means The Corporation of the City of Niagara Falls; (b) “inoperative motor vehicle” means a vehicle lacking an affixed current motor vehicle licence plate or having missing parts, including tires, damaged or missing glass, or deteriorated or removed metal adjunction, which prevent its lawful mechanical function upon a highway, which vehicle is not located on lands of a licensed motor vehicle dealership or licensed motor vehicle repair garage; (c) “inspector” means a Municipal Law Enforcement Officer or a Property Standards Officer for the City; (d) “land” includes grounds, yards and vacant lots; (e) “Manager” means the Manager of By-law Services or the Chief Building Official; (f) “private drain” means a drain or sewer or part thereof situate on private property and includes ditches, swales, watercourses, culverts, and other appurtenances such as manholes and catch basins; (g) “refuse” means any article, thing, matter that appears to be discarded or unusable material or is stored in such a manner as to appear to be discarded or unusable material; and for greater certainty, but not so as to restrict the generality of the foregoing, refuse includes the following classes of material: (i) An accumulation of waste, debris, garbage, refuse, litter, remains, deposits, rubbish, recyclable waste, lumber or trash; Page 4 of 11 Page 166 of 326 -2- (ii) Excessive accumulation of grass clippings, leaves, brush, tree and garden cuttings; (iii) Refrigerators, freezers, stoves or ovens, microwave ovens, dishwashers or other appliances, any attached hinges or latching, locking or other closing mechanism or devices thereon; (iv) Furnaces, furnace parts, plumbing, pipes, fittings to pipes, water or fuel tanks, cables, wire, or wire fencing; (v) Inoperative motor vehicles, boats, ships, trailers, including any parts or accessories thereof except where all such vehicles, boats, ships, and trailers are within an enclosed building; (vi) Paper, newspaper, cartons, cardboard, plastic containers, or containers of any size or matter; (vii) Furniture, televisions, stereos, speakers, cans, glass, dishes; (viii) Crockery; (ix) Sewage; (x) Clothing; (xi) All kitchen and table waste of animal or vegetable origin, resulting from the preparation or consumption of food; (xii) Mechanical equipment, mechanical parts, accessories or adjuncts to the mechanical equipment; (xiii) Piping, tubing, conduits, cable and fittings or other accessories, or adjuncts to the piping, tubing, conduits or cable; (xiv) Containers of any size, type or composition; (xv) Material resulting from, or as part of, construction or demolition buildings or other projects; (xvi) Rubble, inert fill, broken concrete, broken asphalt, slabs, bricks, interlocking bricks, unused building materials, lumber; (xvii) Bones, feather, hides; (xviii) Any form of machinery that is stored in a manner that does not protect that machinery from the effects of the weather; (xix) Waste material; (h) “Region” means The Regional Municipality of Niagara; (i) “sewage” includes any liquid waste containing human, vegetable, or mineral matter, waste that is in suspension whether domestic waste or industrial waste or any other waste whether in suspension or precipitated, but does not include roof water or storm run-off; (j) “surfaced parking area” means an area of land covered in a material suitable for the parking or storage of vehicles, trailers, recreational vehicles and other conveyances such as gravel, concrete, asphalt, brick or paving stones; (k) “waste material” means material or effluent that: Page 5 of 11 Page 167 of 326 -3- (i) appears to have been cast aside or discarded or abandoned; or (ii) appears to be worthless or useless or of no practical value, irrespective of any value for salvage to the owner; or (iii) appears to be used up, in whole or in part, or expended or worn out in whole or in part; or (iv) agricultural, animal, vegetable, paper, lumber, or wood products; or (v) mineral, metal, or chemical products, whether or not the products are manufactured or otherwise processed. 2. (1) Every owner, lessee or occupant of land shall keep the private drain on the land in an operative state of repair. (2) Every owner, lessee or occupant of land shall alter or relay the private drain as may be required by the Manager. 3. No person shall throw, place or deposit refuse on any private land or publicly owned land. 4. Every owner, lessee or occupant shall provide for the sanitary disposal of sewage and drainage from his or her land, buildings, or structures. 5. (1) Every owner, lessee or occupant of land shall keep the land free and clear of refuse. (2) Every owner, lessee or occupant shall cover over any refuse in such a manner as may be prescribed by the Manager in writing. 6. No person shall use any land or structure in the City for storing used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or other disposal, unless authorized by law to do so. 7. No person may park or store any vehicle, trailer, recreational vehicle or other conveyance on land that is not a surfaced parking area. 8. Every owner, lessee or occupant of land shall ensure that the grass on that land is less than 20 cm in length. 9. (1) The Manager or an inspector may serve an Order upon the owner, tenant or occupant of land, requiring that owner, tenant or occupant of land to: (a) repair his private drain; (b) alter or relay his private drain; (c) provide for the sanitary disposal of sewage and drainage from his land or structure; (d) clean, clear or remove all refuse from the land; (e) cease using the land or structure for the dumping or disposing of refuse; Page 6 of 11 Page 168 of 326 -4- (f) cover over, screen, shield or enclose refuse of any kind in the manner prescribed by the Manager; (g) remove any vehicle, trailer, recreational vehicle, or other conveyance that is parked or stored on land that is not a surfaced parking area; (h) to cut the grass on his land to a length of 20cm or less. (2) The Order may be served by: (a) prepaid registered mail to the address listed for the owner of the land in the most recent assessment roll or any other address of the owner that has been provided to the City by the owner, tenant or occupant; (b) prepaid registered mail to the tenant or occupant at any address used by the tenant or occupant; (c) posting the Order on the land. (3) The Order shall specify: (a) the condition or matter that the City requires the owner, tenant or occupant to rectify; (b) the work required to rectify the condition or matter that the City requires the owner, tenant or occupant to rectify; (c) the time by which the owner, tenant or occupant is required to rectify the condition or matter that the City requires the owner to rectify. (4) Every owner, lessee or occupant shall comply with the Order of the Manager or inspector. 10. (1) The Manager, an inspector, or any person assisting them with the inspection, may enter land to perform an inspection to determine whether or not: (a) the land or structure is used for dumping or disposing of garbage, refuse, domestic waste of any kind, or industrial waste of any kind; (b) the land or structure is used for the storing of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or disposal; (c) the owner, lessee or occupant has compiled with any Order served by the Manager or an inspector; (d) the grass on the land is no more than 20 cm long. (2) Every owner, lessee or occupant shall permit the Manager, an inspector, or any person to assist them with the inspection to inspect the land or structure on the land for the purpose of subsection 10(1). 11. (1) Where the owner, lessee or occupant is in default of doing any matter or thing required to be done under this by-law, the Manager or any person assisting him or Page 7 of 11 Page 169 of 326 -5- her may enter upon land to: (a) drain, clean or clear up land; (b) repair the private drain or alter or relay the private drain; (c) remove refuse; (d) provide for the sanitary disposal of sewage and drainage; (e) cover over, screen, shield or enclose refuse; (f) remove any vehicle, trailer, recreational vehicle, or other conveyance that is parked or stored on land that is not a surfaced parking area. (2) Where any chattels or objects are removed by the City in the course of an entry to rectify a default pursuant to subsection 11(1), the chattels or objects may be immediately disposed of by the Manager as he or she sees fit. (3) The City may recover the expense of carrying out an work undertaken pursuant to subsection 11(1) by action, or in like manner as municipal taxes. (4) The expenses referred to in subsection 11(3) may include an administration fee in the amount specified by Council by by-law from time to time. 12. This by-law does not apply to: (a) lands on which construction is actively proceeding in accordance with a permit issued pursuant to the Building Code Act, 1992, as amended; (b) things and matters being actively used by a commercial or industrial operation located upon lands whereupon that commercial or industrial operation is permitted by the zoning by-laws and regulations of the City; (c) Any land being used by the City or the Regional Municipality of Niagara as a waste disposal site; or (d) Any land being used by an operation or business licensed by the Province of Ontario to disposed of or otherwise process waste. 13. This by-law applies exclusively to those lands within the urban service boundary of the City as defined by Council from time to time in the City’s Official Plan. 14. (1) Every owner, lessee, occupant or other person who contravenes any provision of this by-law, is guilty of an offence and upon conviction is liable to a fine of not more than $10,000. (2) Every owner, lessee, or occupant who does not comply with the terms of an Order issued pursuant to this by-law is guilty of an offence and upon conviction is liable to a fine of not more than $10,000. Page 8 of 11 Page 170 of 326 6 3 For greater certainty and without limiting the generality of subsection 14 1 above it is an offence for an owner tenant or occupant to fail to keep land in clear and clean condition as required by the terms of this by law 15 That By law No 96 32 and 2000 249 are hereby repealed Passed this fifth day ofMarch 2007 D J miRK c2 SJ R T TED SALCI MAYOR First Reading Second Reading Third Reading March 5 2007 March 5 2007 March 5 2007 Page 9 of 11 Page 171 of 326 CITY OF NIAGARA FALLS By-law No. 2024 - XX A by-law to amend By-law No. 2007-41 being a by-law to regulate maintaining of land in a clean and clear condition. WHEREAS Pursuant to Section 9 of the Municipal Act, 2001, S.O. 2001, c.25 , as amended (“Municipal Act 2001”) the Corporation of the City of Niagara Falls has the capacity, rights, powers and privileges of a natural purpose for the purpose of exercising its authority; AND WHERAS pursuant to Section 128 of the Municipal Act, 2001, the Corporation may prohibit and regulate with respect to public nuisances, including matters which in the opinion of its Council are or could become or cause public nuisance; AND WHERAS weeds may result in allergic reactions to health problems for individuals, can disrupt ecological systems and have an impact on health, safety and well-being of inhabitants and the natural environment; AND WHERAS tall Grass and weeds may pose a risk to fire safety, may impair visual sight lines, may create habitats for mosquitos, rodents or other insects and animals that contribute to neighbourhood blight. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. (l) to be added to Section 1 as contained in by-law No. 2007-41, to include a definition of “Grass and Weeds” means: all forms of grass, and all noxious weeds and local weeds designated under the Weed Control Act, R.S.O., c. W.5. 2. Section 8 of by-law No. 2007-41 is amended to read, “Every Owner, lessee or occupant of land shall ensure that the grass and weeds on that land is less than 20 cm in length”. Read a first, second, third time and passed. Signed and sealed in open Council this day of , 2024. ............................................................. ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 10 of 11 Page 172 of 326 Page 11 of 11 Page 173 of 326 MW-2024-29 Report Report to: Mayor and Council Date: July 16, 2024 Title: Lease Amending Agreement with The Stamford Centre Volunteer Firemen's Association for Firemen's Park Maintenance and Capital Improvements Recommendation(s) That Council AUTHORIZE the General Manager of Municipal Works / City Engineer to enter into a Lease Amending Agreement with the Stamford Centre Volunteer Firemen's Association, in a manner acceptable to the Director of Legal Services / City Solicitor, to help clarify responsibilities for maintenance and capital improvements at Firemen's Park. Executive Summary The original Commitment Agreement and Lease Agreement between the Stamford Centre Volunteer Firemen's Association (SCVFA) and the City of Niagara Falls was executed in 2014 when the City formally acquired the property. Since the beginning of this partnership, the City and SCVFA have been closely collaborating to ensure that Firemen's park continues to be available to the public as a high quality city-wide park and naturalized space for the community to enjoy. Through the investment of public funds, the park has also received some recent enhancements such as the amphitheater seating area, parking lot improvements, a digital gateway sign, and the new children's memorial garden. The original agreements never contemplated the addition of the new assets nor the clear definition of responsibilities for the existing assets located in the Park aside from the Headquarters Building, the Dog Park, and the Youth Complex (i.e. the playground area). Consequently Staff are recommending to enter into a Lease Amending Agreement reflecting the current operating arrangements and to help clarify the City's role in maintenance and asset management for a variety of items and assets that may not presently be attended to and are beyond the scope of the SCVFA's day-to-day capabilities. Background In 2014 the City formally acquired Firemen's Park from the Stamford Centre Volunteer Firemen's Association (SCVFA). The acquisition included the two properties (PINs: Page 1 of 5 Page 174 of 326 642680014 and 642680452) spanning the CNR railway line, and included special provisions lease back the property to the SCVFA for a period of 99 years. The commitment agreement and lease agreement associated with the acquisition were drafted in 2014 with plain language to reflect a "status quo" operating arrangement between the SCVFA and the City pertaining general maintenance and upkeep of the grounds. Additionally, the SCVFA is also identified to be wholly responsible for the new headquarters building under construction at the time of the lease; whereas the City was to be wholly responsible for the dog park and the youth complex. An operating grant was also established in the 2014 lease in order to reflect the significant level of labour, equipment and materials needed to keep the park grounds in a state of good repair. This grant is indexed annually. Over the course of the past decade of this partnership, it has become apparent that although the lease intended to establish a status-quo relationship, there remained a lack of specificity needed to clarify responsibilities for important items like forestry, winter maintenance, auxiliary buildings, special events, and capital improvements (to name a few). Consequently, there is some uncertainty between the SCVFA and Staff in terms of maintenance and funding responsibilities. Analysis For many years Staff have been working closely with the SCVFA on park maintenance, enhancements, special events, and ongoing community benefit projects. Since the execution of the lease in 2014 the City has been involved in a number of major enhancements including: the construction of a new amphitheatre seating area, new parking lot curbs and resurfacing, a new digital entry sign, a new children's memorial walkway and garden area, and several other minor improvements. Future plans include improvements to the lower level parking area and dredging/remediation of the pond. To clarify the missing components of the lease, Staff recommend entering into a Lease Amending Agreement. The lease amendments generally include clarity on the following matters related to each of the parties: SCVFA 1. Continue to maintain the grounds in a manner than matches the historical service levels present before the property changed hands in 2014; 2. Utilities, maintenance, repair, and capital improvements to the headquarters building; 3. Winter maintenance of sidewalks and parking spaces immediately adjacent to the headquarters building; 4. Maintenance and repair throughout the park related to special events hosted and authorized by SCVFA permit; 5. Collection and disposal of waste, recycling, and organics except at designated City locations (Dog Park and Youth Complex); Page 2 of 5 Page 175 of 326 6. Insurance including specific coverage, as required, for special events. The City to be named as additionally insured; 7. Maintenance and repair of irrigation systems related to the headquarters building and surrounding landscaping; 8. Third-party agreements and the maintenance and repair associated with any assets located in the park per separate third-party agreements (e.g. disc golf). City 1. Capital improvements related to all areas of the park except those with exclusive use by the SCVFA (i.e. the headquarters building); 2. Maintenance and repair of all auxiliary structures including (but not limited to) the amphitheatre, picnic pavilions, stairs/railings, maintenance buildings, washrooms, and sign structures; 3. Maintenance and repair of parking lots and associated lighting; 4. Maintenance and repair of public washrooms; 5. Garden maintenance at the Children's Memorial Walkway; 6. Maintenance of trees and forested areas; 7. Winter maintenance of the main driveway and parking area; 8. All aspects, including insurance, relating to the provision of winter tobogganing activities. 9. Seasonal irrigation commissioning and decommissioning. The City conducted an inventory of auxiliary assets within the park in 2023 as part of our asset management plan. A summary of assets the City would be responsible for are listed below. Many of the assets were not previously recorded on the City's tangible capital asset register nor have they been part of any programs for routine inspection or maintenance. Staff have also recorded the characteristics of 529 individual trees within the park. Trees within dense wooded areas were not individually captured. Asset Type and Quantity Description Replacement Cost (2023$) Amenity/Furniture - 56 each benches, bike racks, picnic tables, waste receptacles, etc. $ 114,840 Barriers - 55 linear metres retaining walls $ 23,088 Buildings/Facilities - 7 each upper level washroom, amphitheatre building, amphitheatre seating, 4x pavilions/shelters $ 288,000 Trails and Walkways - 3577 sq. metres concrete, asphalt or brick surfaces $ 877,227 Playgrounds - 4 components playground, swing area, rubber surface, sand $ 355,000 Page 3 of 5 Page 176 of 326 surface Recreation Spaces - 4 components baseball backstop, basketball hoop, large dog park, small dog park $ 64,000 Signage/Wayfinding - 26 each digital entry sign, misc signs $ 117,600 Site Components - 16 ea curb, fencing, gates, lighting, poles parking lots, railings $ 974,335 Total $ 2,814,090 Subject to approval of the Lease Amendment, Staff will begin to include asset management activities for these assets in their respective workplans. Operational Implications and Risk Analysis Firemen's Park is a key natural asset and community recreation facility in the City. Failure to manage the day-to-day maintenance and operational aspects of the park will result in the assets falling in to a state of disrepair. Relying on unclear jurisdictional responsibilities to address hazards in the park (for example, removing dead/dying trees) will also lead to an increased risk and liability exposure. Financial Implications/Budget Impact The proposed lease amendment will clarify the need for the City to carry a small annual operating budget to address inspection, maintenance, and repair of auxiliary buildings. Inclusion of these previously undocumented assets within the City's asset management plan will require additional resources to ensure they are maintained in a state of good repair, and to plan for capital improvements and eventually replacement. Consideration of budgetary allocation should be included in future Operating and Capital Budgets. Based on cursory investigations, the replacement value of physical park assets added to our Asset Management Plan, excludes trees, equates to approximately $2,814,090. Maintaining these assets in a state of good repair with routine inspections and maintenance is expected to provide the public with greater opportunity to enjoy their use, and also result in a lower lifecycle cost. Strategic/Departmental Alignment The recommendations of this report align with the Environmental and Financial Sustainability Pillars in Council's Strategic Priorities. Strategic Plan Pillars Page 4 of 5 Page 177 of 326 Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Sustainability - Environmental Implementing practices and policies to ensure the health and well-being of the environment for current and future generations. Written by: Erik Nickel, General Manager of Municipal Works Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 10 Jul 2024 Jason Burgess, CAO Approved - 10 Jul 2024 Page 5 of 5 Page 178 of 326 F-2024-27 Report Report to: Mayor and Council Date: July 16, 2024 Title: Annual Update on Low Income Seniors and People with Disabilities Water and Property Tax Rebate Programs Recommendation(s) THAT Council RECEIVE report F-2024-27 Annual Update on Low Income Seniors and People with Disabilities Water and Property Tax Rebate Programs for information. Executive Summary This report provides unaudited 2023 results of the City's rebate programs, specifically, the Low income Seniors' Property Tax and Water Rebate programs and the People with Disabilities Property Tax and Water rebate programs. All programs have been included in their respective 2024 operating budgets. 2024 applications for all rebate programs will be available August 1, 2024 and similar to last year, the application period will end October 31, 2024. Applications for both rebates are available at City Hall, MacBain Centre or online. Background The purpose of both the property tax and water rebate programs are to provide financial assistance to low income seniors and people with disabilities. The 2024 Utility Budget, includes a budget amount of $102,000 for the Low Income Seniors' water rebate program and $10,200 for the People with Disabilities water rebate program. To qualify for the low income Seniors' rebate, a senior, aged 65 and older must have a municipal water account with the City of Niagara Falls and be a recipient of the Guaranteed Income Supplement. To qualify for the People with Disabilities water rebate, a person must have a City of Niagara Falls water account and be a recipient of ODSP payments. Council approved the People with Disabilities water rebate program April 20, 2021. Applicants may not stack rebates. Similarly, in 2011, Council approved a low income seniors' property tax rebate and People with Disabilities property tax rebate program April 20, 2021. The 2024 Tax Levy Supported Operating Budget includes a combined Seniors program and People with Disabilities budget of $85,000 Qualified applicants for the Property Tax Rebate would be any property owner who receives the Federal Guaranteed Income Supplement, owns a primary residence in Page 1 of 3 Page 179 of 326 Niagara Falls and is a senior. This rebate is equal to $80. Qualified applicants for the People with Disabilities property tax rebate would be a property owner in the City of Niagara Falls who is a recipient of Provincial ODSP payments. Applicants may not stack rebates. This rebate is equal to $80. City staff will take applications from residents that may qualify for either programs starting August 1, 2024. Applications are available at City Hall, MacBain Centre or online. The City will be notifying the general public through the upcoming water and sewer bills, as well as through newspaper advertising. Financial Implications/Budget Impact The 2023 budget impact of each program is different. In 2023, both water rebate programs are included in the utility budget as both rebates are related to water and wastewater fees that are directly used to fund water and wastewater services. Both rebate programs increase fees for all other users as the rebate program increases service expenses. The 2023 Low Income Seniors' and People with Disabilities Water Rebate program experienced a favourable budget variance of $4,872 as budget was $112,200 with actuals of $107,328. Alternatively, both property tax rebate programs are included in the Tax Levy Supported Operating Budget as most services in this budget are funded in full or partially through property tax revenue. The existence of both rebate programs increases property tax rates for all taxpayers as the existence of the rebate programs increases service expenses. The budgeted expenditure included in the 2023 Tax Levy Supported Operating Budget for the Low income Seniors' and People with Disabilities property tax rebate is $85,000 and the actual cost was $79,741. This represents a favorable budget variance of $5,259. Strategic Plan Pillars Customer Service Delivering a welcoming and consistent customer service experience centred around the people we serve. Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Written by: Amber Ferguson, Manager of Revenue Tiffany Clark, Director of Finance Submitted by: Status: Page 2 of 3 Page 180 of 326 Tiffany Clark, Director of Finance Approved - 08 Jul 2024 Shelley Darlington, General Manager of Corporate Services Approved - 09 Jul 2024 Jason Burgess, CAO Approved - 10 Jul 2024 Page 3 of 3 Page 181 of 326 MW-2024-30 Report Report to: Mayor and Council Date: July 16, 2024 Title: Prospect Street - Parking Control Review Recommendation(s) That Council APPROVE that the existing No Parking, Except by Permit zone along the south side of Prospect Street be extended to a point 42 metres east of Drummond Road And That Council APPROVE a No Stopping, At All Times zone be established between Drummond Road and a point 42 metres east of Drummond Road on both sides of Prospect Street. And That Council APPROVE the respective Bylaws on the agenda. Executive Summary Changes to parking control on Prospect Street are proposed to reduce the parking violations on this road, improve traffic flow and enhance road safety in the area. Background City staff has been requested to conduct a parking review on Prospect Street between Drummond Road and Portage Road. Concerns have been raised about long-term parking on Prospect Street, particularly by staff from the nearby hospital, which limits on-street parking availability for Prospect Street residents. Additionally, concerns have been raised about vehicles queuing on Prospect Street to access Tim Hortons at the northeast corner of Drummond Road and Prospect Street. When the queue extends onto Prospect Street, it delays eastbound traffic on this roadway. Currently, parking is restricted on the north side of Prospect Street. On the south side, parking is restricted at the corners near Portage Road and Drummond Road. Parking between a point 12 metres and 140 metres west of Portage Road requires a parking permit. The remaining 370 metres on the south side of Prospect Street has no daytime parking restrictions. Analysis Page 1 of 5 Page 182 of 326 A questionnaire was hand-delivered to approximately sixty-eight (68) residential and commercial properties on Prospect Street between Portage Road and Drummond Road to solicit input on the change of parking control on Prospect Street. Eighteen (18) residents submitted comments. Nine (9) respondents noted that they prefer to maintain the current parking control. Eight (8) respondents chose the option to extend the existing No Parking Except by Permit, and one (1) respondent voted for the No Parking at All Time option on Prospect Street. It is important to note that half of the respondents who chose to maintain the current parking controls where within the existing restricted zone and would be unaffected by the proposed change. Site observations reveal that motorists regularly park on the south side of Prospect Street for extended periods. Parking enforcement officers often receive reports of parking violations on this road, predominantly for blocked driveways. A No Parking, Except by Permit will help to limit the parking from hospital staff while still allowing residents the ability to park on the street. Staff have also reviewed an alternative restriction where only the east half of the south side of Prospect Street would be No Parking, parking on-street address would the This Permit. by Except alternative concerns for those immediate residents; however, it would migrate the on-street parking issues further west. Therefore, it is recommended to extend the current No Parking, Except by Permit on the south side of Prospect Street from a point 140 metres west of Portage Road to a point 42 metres east of Drummond Road. Observations on the queue to Tim Hortons’ drive-through on Prospect Street reveal that during on Stopping road. this eastbound traffic queue the hours, peak impedes restrictions in this area will provide more space for eastbound motorists to manoeuvre around the queue, improving traffic flow. Therefore, it is recommended to establish a No Stopping at All Times zone between Drummond Road and a point 42 metres east of Drummond Road on both sides of Prospect Street. Financial Implications/Budget Impact - Works Municipal by out carried be parking signs the of installation The will Transportation Services Staff. The labour and materials costs are accounted for in the approved 2024 General Purposes Budget. Strategic/Departmental Alignment Encourage multi-modal travel and active transportation initiatives, and enhance motorist, cyclist, and pedestrian safety. Strategic Plan Pillars Customer Service Delivering a welcoming and consistent customer service experience centred around the people we serve. Contributor(s) Page 2 of 5 Page 183 of 326 Paul Brown, Manager of Parking Services List of Attachments MV-2024-30_Attachment Written by: Mathew Bilodeau, Manager of Transportation Engineering Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 09 Jul 2024 Jason Burgess, CAO Approved - 10 Jul 2024 Page 3 of 5 Page 184 of 326 MW-2024-30 July 16, 2024 ATTACHMENT 1 Existing Parking Control on Prospect Street Existing No Parking at All Times Existing No Parking, Except by a Permit Existing Unrestricted Zone A point 17 m east of Drummond Road A point 140 m west of Portage Road A point 12 m west of Portage Road Page 4 of 5Page 185 of 326 MW-2024-30 July 16, 2024 ATTACHMENT 2 Proposed New Parking Control on Prospect Street Existing No Parking at All Times Recommended No Parking, Except by Permit Recommended No Stopping at All Times A point 42 m east of Drummond Road A point 12 m west of Portage Road Page 5 of 5Page 186 of 326 1 Michael Stewart To:Heather Ruzylo Subject:RE: [EXTERNAL]-United Way Flag Raising From: Alyson Montovani-Ozaki <alyson@unitedwayniagara.org> Sent: Monday, June 24, 2024 3:17 PM To: Heather Ruzylo <hruzylo@niagarafalls.ca> Subject: [EXTERNAL]-United Way Flag Raising Good afternoon Heather, I hope this email finds you well! I am reaching out today to ask if the City of Niagara Falls can raise the United Way flag on September 13th to raise awareness of our 2024 campaign and keep it raised for one week? We do not want to have a ceremony, this year. We are planning one large ceremony at Niagara Region on September 12th that representatives from all municipalities can attend. Please let me know if you have any questions/concerns. Wishing you a wonderful week. Kindly, Alyson Alyson Montovani-Ozaki Development Officer, Annual Giving Office: 905.688.5050 ext. 2127 www.unitedwayniagara.org 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 187 of 326 Mayor Jim Diodati and Niagara Falls City Council Niagara Falls City Hall 4310 Queen Street Niagara Falls,Ontario L2E 6X5 Canada Dear Mayor Diodati and City Council, Re:GivingTuesday 2024 in Niagara Falls On December 3rd,the businesses,charities,individuals,and families of Niagara will once again come together with millions of Canadians—and countless more people across the globe—to celebrate GivingTuesday,the annual day for championing charity,philanthropy, and volunteerism.Niagarans will come together to donate their time and money to the causes that matter most to the most vulnerable in our community and make a real impact for the people that need it most. Since NiagaraGives formed in Niagara Falls in 2021,GivingTuesday has helped local Niagara charities,such as Hospice Niagara and Project SHARE,generate over $300,000 CAD in extra donations at the end of the year —a much-needed start to a season of giving, when people often find themselves turning to these organizations for help to make it through the holidays. The support of the City of Niagara Falls has been immeasurably helpful in NiagaraGives’ mission to inspire generosity throughout our shared community,and bring GivingTuesday back to our Region. Mayor Diodati and City Council,for these reasons,please consider our request to have the date of December 3,2024 proclaimed as GivingTuesday in the City of Niagara Falls. Josh “Yasyszcjosh”Bieuz-Yasyszczuk Founder &Movement Lead NiagaraGives Page 188 of 326 Mayor Jim Diodati and Niagara Falls City Council Niagara Falls City Hall 4310 Queen Street Niagara Falls,Ontario L2E 6X5 Canada Dear Mayor Diodati and City Council, Re:GivingTuesday 2024 in Niagara Falls On December 3rd,the businesses,charities,individuals,and families of Niagara will once again come together with millions of Canadians—and countless more people across the globe—to celebrate GivingTuesday,the annual day for championing charity,philanthropy, and volunteerism.Niagarans will come together to donate their time and money to the causes that matter most to the most vulnerable in our community and make a real impact for the people that need it most. Since NiagaraGives formed in Niagara Falls in 2021,GivingTuesday has helped local Niagara charities,such as Hospice Niagara and Project SHARE,generate over $300,000 CAD in extra donations at the end of the year —a much-needed start to a season of giving, when people often find themselves turning to these organizations for help to make it through the holidays. The support of the City of Niagara Falls has been immeasurably helpful in NiagaraGives’ mission to inspire generosity throughout our shared community,and bring GivingTuesday back to our Region. Mayor Diodati and City Council,for these reasons,please consider our request to have the date of December 3,2024 proclaimed as GivingTuesday in the City of Niagara Falls. Josh “Yasyszcjosh”Bieuz-Yasyszczuk Founder &Movement Lead NiagaraGives Page 189 of 326 1 Michael Stewart To:Bill Matson; Heather Ruzylo Subject:RE: [EXTERNAL]-Website Contact Form Notice Hello Mayor Diodati and Council members for the City of Niagara Falls: We would like to request that the City of Niagara Falls declare the month of September, Childhood Cancer Awareness Month and to raise a flag to honour children fighting cancer, lost to cancer and who have survived cancer. We are the family of Miranda Bauer and we lost our daughter/sister/granddaughter/niece to cancer in March of 2013 and found out while Miranda was dealing with cancer, that there is not enough awareness about childhood cancer and not enough funding for research. Our family and friends raise awareness and funds for childhood cancer research at Hospital for Sick Children in Toronto. To date we have raised almost $200,00.00. Miranda started this endeavour and we continue in her stead. We are requesting that the flag be raised and flown for the month. We invite any and all members of the community to join us! Thank you so much for your help and your support, Patti, John and Eric Bauer Miranda's Miracles Would you like to subscribe to our newsletter? CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. We value and respect flexible work arrangements. Although I have sent this at a time that is convenient for me, it is not my expectation that you read, respond or follow up on this email outside of your work hours. Page 190 of 326 June 25, 2024 Re: 24th Annual Child Care Worker and Early Childhood Educator Appreciation Day , October 24, 2024 To Ontario mayors and councils, We are writing to ask that you and your council proclaim and participate in Child Care Worker & Early Childhood Educator Appreciation Day on Thursday, October 24, 2024. This day recognizes the commitment, skills and hard work of Early Childhood Educators (ECEs) and staff who work with young children. Each year, the day is proclaimed by the Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE), municipalities and school boards across Ontario, and is marked by hundreds of child care centres, unions, and allies. This year’s Child Care Worker and Early Childhood Educator Appreciation Day theme is WORTH MORE, as part of our continuing campaign for decent work and pay for the early years and child care workforce ! To fulfil the promise of the Canada-Wide Early Learning and Child Care system we need to ensure high quality spaces for every family who needs it. We have seen how affordable child care is life-changing for many families, but we need to make that possible for all. To make that vision a reality we need to expand access to child care by building new programs – but most importantly we must ensure that we retain, re-attract and recruit ECEs and child care workers with decent work and fulfilling careers to lead these vital, educational programs. We will be sharing these messages on Appreciation Day and we need your help to make it happen by making an official proclamation. If your council does not issue official proclamations, there are many alternative ways for your municipality to participate in celebrating this important day: • Organize a public announcement; • Flag raising or purple light display; • Display our posters and distribute our buttons; and • Organize events and contests for the day or have councilors or the mayor participate in events hosted by child care centres. A sample proclamation and document outlining additional ways to recognize this important day is attached. We would love to acknowledge municipalities who choose to celebrate child care workers and ECEs across Ontario on October 24, 2024. Please let us know how your municipality is participating in the appreciation day and we will add you to our list of proclamations and celebrations. Please direct any correspondence on proclamations and/or celebration activities to the attention of Carolyn Ferns, by mail: Ontario Coalition for Better Child Care, PO Box 73034 Wood Street PO Toronto, ON M4Y 2W5, or by email at: carolyn@childcareontario.org. Thank you for your consideration. Christa O’Connor President, OCBCC Fred Hahn President, CUPE Ontario Division lpd/cope491 Page 191 of 326 Le 25 juin 2024 Objet : la 24e Journée d'appréciation des éducatrices et éducateurs et des travailleuses et travailleurs de la petite enfance, le 24 octobre 2024 Aux maires et aux conseillers municipaux de l’Ontario, Par la présente, nous vous demandons à vous et à votre Conseil municipal de proclamer et de célébrer la Journée d'appréciation des éducatrices et éducateurs et des travailleuses et travailleurs de la petite enfance , le 24 octobre 2024. Cette journée reconnaît l'engagement, les compétences, le travail acharné et le dévouement des éducateurs et éducatrices de la petite enfance (ÉPE) et du personnel qui travaillent avec les jeunes enfants. Chaque année, la journée est proclamée pa r la Coalition ontarienne pour de meilleurs services éducatifs à l’enfance (COMSÉE), le Syndicat canadien de la fonction publique (SCFP), les municipalités et les conseils scolaires de l'Ontario. Elle est célébrée par des centaines de garderies, de syndicats et d'alliés. Cette année, le thème de la Journée d'appréciation des éducatrices et éducateurs et des travailleuses et travailleurs de la petite enfance est MÉRITENT MIEUX ! Cela s’inscrit dans le cadre de notre campagne permanente en faveur de conditions de travail et de salaires décents pour les ÉPE et les travailleurs et travailleuses en garderie. Pour tenir la promesse en ce qui concerne un système pancanadien d'apprentissage et de services de garde d’enfants, nous devons garantir des places de qualité à toutes les familles qui en ont besoin. Nous avons constaté que des services de garde d'enfants abordables changent la vie de nombreuses familles et nous devons faire en sorte que cela soit possible pour tous(toutes). Pour que cette vision devienne réalité, nous devons élargir l'accès aux services de garde d'enfants en créant de nouveaux programmes. Mais, nous devons surtout nous assurer que nous retenons, attirons à nouveau et recrutons des ÉPE et des travailleurs et travailleuses en garderie avec un travail décent et une carrière épanouissante pour gérer ces programmes éducatifs essentiels. Nous diffuserons ces messages lors la Journée d’appréciation. Veuillez nous aider en faisant une proclamation officielle. Même si votre Conseil municipal n’émet pas de proclamation officielle, il y a de nombreuses façons de participer er de célébrer cette importante journée, par exemple : • Organiser une annonce publique. • Levée de drapeau ou un affichage lumineux violet. • Apposer nos affiches et distribuer nos macarons. • Organiser des événements et des concours pendant la journée ou encore vous assurer que les conseillers municipaux et le maire participent à des activités organisées par les garderies. Vous trouverez ci-joints un exemple de proclamation ainsi que des documents faisant ressortir d’autres manières de reconnaître cette importante journée. Nous tenons à reconnaître les municipalités qui célébreront les ÉPE et les travailleurs et travailleuses en garderie, à l’éch elle de l’Ontario, le 24 octobre 2024. Veuillez nous informer de la façon dont votre municipalité participera à cette Journée et nous l’ajouterons à notre liste de proclamations et de célébrations. Veuillez faire parvenir toute correspondance touchant les proclamations et/ou activités de célébration à l’attention de Carolyn Ferns, par la poste à la Coalition ontarienne pour de meilleurs services éducatifs à l'enfance, Boîte postale 73034, Wood Street PO, Toronto (Ontario) M4Y 2W5 ou par courriel à carolyn@childcareontario.org. Nous vous remercions de l’attention que vous porterez à la présente. Christa O’Connor Présidente de la COMSÉE Fred Hahn Président de la division de l’Ontario du SCFP lpd/cope491 Page 192 of 326 24th Annual Child Care Worker and Early Childhood Educator Appreciation Day October 24, 2024 Proclamation Whereas years of research confirms the benefits of high-quality early learning and child care for young children’s intellectual, emotional, social and physical development and later life outcomes; and Whereas child care promotes the well-being of children and responds to the needs of families and the broader community by supporting quality of life so that citizens can fully participate in and contribute to the economic and social life of their community; and Whereas trained and knowledgeable Registered Early Childhood Educators are the key to quality in early years and child care programs – in licensed child care, Early ON programs, child life programs, and full-day kindergarten; Whereas Registered Early Childhood Educators and child care workers will be vital to the success of the Canada-Wide Early Learning and Child Care system; Therefore, Be It Resolved that October 24, 2024 be designated the 24th annual “Child Care Worker & Early Childhood Educator Appreciation Day” i n recognition of the education, dedication and commitment of child care workers to children, their families and quality of life of the community. lpd/cope491 Page 193 of 326 24e Journée d’appréciation des éducatrices et éducateurs et des travailleuses et travailleurs de la petite enfance Le 24 octobre 2024 Proclamation Attendu que des années de recherche viennent confirmer les avantages des services de garde d’enfants de haute qualité pour le développement intellectuel, émotionnel, social et physique des jeunes enfants et leurs résultats ultérieurs dans la vie; et Attendu que les services de garde d’enfants favorisent le bien-être des enfants et pourvoient aux besoins des familles et de l’ensemble de la communauté en soutenant la qualité de vie afin que les citoyens et citoyennes puissent participer et contribuer pleinement à la vie économique et sociale de leur communauté; et Attendu que les éducateurs et éducatrices de la petite enfance et les travailleurs et travailleuses en garderie formé(e)s et compétent(e)s sont la clé de la qualité des programmes d'apprentissage et de garde d’enfants ; et Attendu que les éducateurs et éducatrices de la petite enfance et les travailleurs et travailleuses en garderie agréé(e)s seront essentiel(le)s à la réussite du Système d’apprentissage et de garde des jeunes enfants pancanadien, Il est donc résolu que le 24 octobre 2024 soit désigné comme la 24e Journée d’appréciation des éducatrices et éducateurs et des travailleuses et travailleurs de la petite enfance en reconnaissance de l'éducation, du dévouement et de l'engagement des travailleurs et travailleuses en garderie envers les enfants, leurs familles et la qualité de vie de la communauté. lpd/cope491 Page 194 of 326 Ontario Coalition for Better Child Care Phone: 416-538-0628 Ext. 2 Email: info@childcareontario.org This day recognizes the commitment, hard work and dedication of Early Childhood Educators (ECEs) and staff who work with young children. Each year, the day is proclaimed by The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE), municipalities and school boards across Ontario, and is marked by hundreds of child care centres, unions, and allies. While recognition is important, action to achieve change is even better. Visit childcareontario.org to make your voice heard and ensure child care workers and early childhood educators are treated with respect. Tips to Recognize and Celebrate the Day! Everyone Municipalities School Boards Child Care Centres Show child care workers your appreciation on social media: • Share photos of how you’re celebrating the day • Share an event prior to the date to raise awareness • Write a kind message about a child care provider you know • Use the hashtag #ECEappreciation and tag us @ChildCareON • Place an ad in the local newspaper promoting the day • Encourage local councillors to tour child care centres to find out more about this important work • Organize a community-wide celebration to recognize individual staff, centres, and programs • Insert the day on the October calendar • Arrange to have the day announced on the PA • Encourage classes of students to visit the child care centre • Set up a Wall of Fame where parents have the opportunity to say thank you to staff • Place our poster on school bulletin boards • Host a special lunch for staff • Give staff members a certificate of appreciation. • Have every staff in the centre vote on one child care champion of the year • Set up a board near the entrance of the centre where parents may write thank-you notes • Place our poster on the main doors * Contact the OCBCC to order posters and buttons by October 1, 2024 to ensure timely delivery. lpd/cope491 2 4 TH ANNIVERSARY | OCTOBER 24, 202 4 CHILD CARE WORKER AND EARLY CHILDHOOD EDUCATOR APPRECIATION DAY Page 195 of 326 Coalition ontarienne pour de meilleurs services éducatifs à l’enfance Téléphone : 416-538-0628, poste 2 Adresse courriel : info@childcareontario.org Cette journée reconnaît l’engagement, le travail acharné et le dévouement des éducateurs et éducatrices de la petite enfance (ÉPE) et du personnel qui travaillent avec les jeunes enfants. Chaque année, la journée est proclamée par la Coalition ontarienne pour de meilleurs services éducatifs à l’enfance (COMSÉE), le Syndicat canadien de la fonction publique (SCFP), les municipalités et les conseils scolaires de l’Ontario. Elle est célébrée par des centaines de garderies, de syndicats et d’alliés. Si la reconnaissance est importante, l’action préconisant le changement l’est encore plus. Consultez childcareontario.org pour faire entendre votre voix et veiller à ce que les travailleurs et travailleuses en garderie et les éducateurs et éducatrices de la petite enfance soient traité(e)s avec respect. Quelques idées sur la façon de célébrer la journée ! Tout le monde Les municipalités Les conseils scolaires Les garderies Montrez votre appréciation des travailleurs et travailleuses des services éducatifs à l’enfance sur les médias sociaux : •Partagez des photos sur la façon dont vous célébrez la journée. • Annoncez un événement avant sa tenue afin de sensibiliser la population. • Écrivez un petit mot gentil à propos d’un(e) travailleur et travailleuse en garderie que vous connaissez. • Utilisez le mot clic #ECEappreciation et balisez-nous à @ChildCareON. • Placez une annonce dans le journal local faisant la promotion de la journée. • Invitez les conseillers et conseillères municipaux à visiter des garderies pour en savoir plus sur ce travail important. • Organisez une célébration à l’échelle de la communauté afin de reconnaître des membres du personnel, des garderies et des programmes. • Inscrivez le jour à l’agenda d’octobre. • Veillez à ce que la journée soit annoncée sur le système électroacoustique. • Invitez les élèves à visiter la garderie. • Installez un Mur de la renommée où les parents peuvent laisser un mot de remerciement au personnel. Apposez notre affiche sur le babillard du conseil scolaire • Organisez un dîner spécial pour le personnel. • Remettez à chaque membre du personnel un certificat d’appréciation. • Demandez au personnel de voter pour le champion des services de garde d’enfants de l’année. • Installez un babillard près de l’entrée de la garderie où les parents peuvent écrire un mot de remerciements. Apposez une affiche sur les portes principales Veuillez communiquer avec la COMSÉE pour commander des affiches et des macarons au plus tard le 1er octobre 2024 pour garantir la livraison en temps opportun lpd/cope491 2 4 E ANNIVERSAIRE | LE 24 OCTOBRE 202 4 JOURNÉE DE RECONNAISSANCE DES TRAVAILLEURS DES SERVICES Page 196 of 326 1 Michael Stewart To:Heather Ruzylo Cc:Bill Matson Subject:RE: [EXTERNAL]-Rail Safety Week 2024 | Proclamation request From: Stephen Covey <stephen.covey@cn.ca> Sent: Friday, July 12, 2024 10:47 AM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Rail Safety Week 2024 | Proclamation request Dear Mayor Diodati, As neighbours and partners in our shared commitment to rail safety, we are inviting you to join us in raising awareness for this important issue by adopting this proposed proclamation. This proclamation helps communities like yours officially recognize Rail Safety Week 2024 and its significance in your area. Rail Safety Week will be held in Canada and the United States from September 23-29, 2024. Your council’s leadership is key to increasing public awareness about the dangers around tracks and trains. We are asking for your support by signing the proclamation and taking the time to engage with your community about rail safety. We will be proud to recognize your commitment publicly. Rail safety is a shared responsibility and together, we can achieve our common goal of eliminating incidents and saving lives in the communities where we live, work and play. If you have any questions or concerns, please contact Daniel Salvatore, your local CN Public Affairs representative, at daniel.salvatore@cn.ca. For more information:  Questions or concerns about rail safety in your community, contact our Public Inquiry Line at 1-888-888-5909  For additional information about Rail Safety Week 2024 visit //cn.ca/railsafety or operationlifesaver.ca  Let us know how you promote rail safety in your community by visiting //cn.ca/RSW2024  For any questions about this proclamation, please email RSW@cn.ca Thank you in advance for your support. Page 197 of 326 2 Janet Drysdale Stephen Covey Chris Day CN Senior Vice-President and CN Chief of Police and Operation Lifesaver Chief Stakeholder Relations Officer Chief Security Officer Interim National Director 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 198 of 326 Niagara Falls Soccer Club 3800 Springdale Ave 905-374-4040 E-Mail: nfscoffice@gmail.com Web: www.nfsc.ca Dear City Council, The Niagara Falls Soccer Club is hosting our 62nd annual AC Douglas Soccer tournament on the August 10-11 weekend at various parks across the City of Niagara Falls. We kindly ask that the City waive the by-law and allow us to have food trucks at the event. Thank you , Paul Lepiane Niagara Falls Soccer Club President Paul Lepiane Page 199 of 326 1 Michael Stewart Subject:FW: [EXTERNAL]-Special Occasion Permit - Notification letter from the city inquiry From: Cassandra Wardrope <justaddsalt.cw@gmail.com> Sent: Friday, July 12, 2024 12:15 PM To: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-Special Occasion Permit - Notification letter from the city inquiry Hi Bill, I hope you’re doing well. My name is Cassandra Wardrope and I am writing to notify you of a public event that will be taking place on Saturday, August 24th, 2024 at Always June Organic Farm 5584 Niagara Town Line, Niagara Falls, ON L2J 0C1. I am in the process of applying for a Special Occasion Permit with the AGCO and was told that I need a letter from the city. As I am not a registered charity or not for profit, I was told by the AGCO that I need a letter from the city stating that the city of Niagara Falls deems this event as municipal significance. This letter is required for the Special Occasion Permit application. Here is a bit more information on the event: The event will be free of entry and will be open to the public. It will run from 12pm-4pm. The amount of attendees is not confirmed as this is a pop up market event. People will arrive at different times as this is a drop in event. I am hoping to have alcohol sold at the event. The alcohol area will be contained to a small area on the property at Always June. I can provide a sketch if needed. Please let me know if you require any further information. Thank you, Cassandra Wardrope 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 200 of 326 Ontario Medical Association 150 Bloor St. West, Suite 900 Toronto, ON M5S 3C1 Canada TF: 1.800.268.7215 T: 416.599.2580 F: 416.533.9309 E: info@oma.org oma.org Association of Municipalities of Ontario (AMO) 155 University Ave., Suite 800 Toronto, Ontario M5H 3B7 Telephone: 416.971.9856 Toll-free in Ontario: 1.877.426.6527 Fax: 416.971.6191 July 4, 2024 [Mayor's Name] [Mayor's Address] [City, Province, Postal Code] Dear Mayor [Last Name], Communities across Ontario have been facing critical health-care challenges, including long waitlists for primary care, shortages of doctors and other health care workers; and emergency room closures. These cracks in Ontario’s health care system are impacting economic development, health, and well-being at the local level. In response, the Ontario Medical Association (OMA) and the Association of Municipalities of Ontario (AMO) are working collaboratively to advocate for a better healthcare system for Ontario’s residents and communities. We have jointly developed the attached draft council resolution (Appendix A), urging the provincial government to recognize the physician shortage in your municipality and the rest of Ontario. By adopting this resolution, your municipality can play a crucial role in highlighting the urgent need for more healthcare resources and support. AMO is excited to welcome everyone to Ottawa for our annual conference from August 18-21, 2024. We are pleased to inform you that the OMA will be participating at this year’s conference . Along with sponsoring the Rural Caucus Lunch on August 20, the OMA has reserved meeting room at the Fairmont Château Laurier for both August 20 and 21 to meet directly with municipal leaders. During these meetings, we would like to hear what you are seeing on the ground and discuss opportunities to work closer with you. We believe that collaboration between Ontario’s doctors and all 444 municipalities is essential in addressing the health-care needs of your community. To set up a meeting with the OMA, please reach out to Tarun.Saroya@OMA.org (senior advisor for government relations and advocacy) to book a 15-30 minute time slot at your earliest convenience. Page 201 of 326 2 We look forward to your positive response and to working together towards a healthier future for all Ontarians. Yours sincerely, Kimberly Moran CEO, Ontario Medical Association Colin Best President Association of Municipalities of Ontario Appendix A: WHEREAS the state of health care in Ontario is in crisis, with 2.3 million Ontarians lacking access to a family doctor, emergency room closures across the province, patients being de-rostered and 40% of family doctors considering retirement over the next five years; and WHEREAS it has becoming increasingly challenging to attract and retain an adequate healthcare workforce throughout the health sector across Ontario; and WHEREAS the Northern Ontario School of Medicine University says communities in northern Ontario are short more than 350 physicians, including more than 200 family doctors; and half of the physicians working in northern Ontario expected to retire in the next five years; and (Northern Ontario only) WHERAS Ontario municipal governments play an integral role in the health care system through responsibilities in public health, long-term care, paramedicine, and other investments. WHEREAS the percentage of family physicians practicing comprehensive family medicine has declined from 77 in 2008 to 65 percent in 2022; and WHEREAS per capita health-care spending in Ontario is the lowest of all provinces in Canada, and Page 202 of 326 3 WHEREAS a robust workforce developed through a provincial, sector-wide health human resources strategy would significantly improve access to health services across the province; • NOW THEREFORE BE IT RESOLVED THAT the Council of (the name of municipality) urge the Province of Ontario to recognize the physician shortage in (name of municipality) and Ontario, to fund health care appropriately and ensure every Ontarian has access to physician care. Page 203 of 326 Legal and Legislative Services June 26, 2024 The Honourable Doug Ford Premier of Ontario Queen’s Park Toronto, ON M7A 1A1 premier@ontario.ca Honourable and Dear Sir: Re: MTO Median Barriers on QEW Please be advised the Municipal Council of the Town of Fort Erie at its meeting of June 24, 2024 passed the following resolution: Whereas the Queen Elizabeth Way (QEW) forms an integral transportation link of provincial and national importance between the Greater Toronto Area and the United States, passing through the Regional Municipality of Niagara before terminating at the Peace Bridge in the Town of Fort Erie, and Whereas unprecedented growth through migration from the Greater Toronto Area in Niagara and the Town of Fort Erie has increased traffic on the Queen Elizabeth Way as more motorists use the highway for both business and pleasure between our community and the rest of the Greater Golden Horseshoe and United States, and Whereas while much of the Queen Elizabeth Way has been upgraded, the section between Niagara Falls and Fort Erie retains its original early-to-mid-20th century cross- section with an unprotected grass median of unequal grade and substandard width, and Whereas increases in traffic volume on the Queen Elizabeth Way increase the risk of cross-over head-on collisions of devastating consequences that the narrow grass median is unable to deflect, and Whereas other divided highways in the province, such as Highway 403 in Brantford and the twinned sections of Highway 11, have had guide rails installed along the left shoulders to deflect traffic from crossing the narrow grass median; Now, therefore, be it resolved, That: The Municipal Council of the Town of Fort Erie requests that the Ministry of Transportation Ontario investigate and implement a guide rail, cable barrier or other …/2 Mailing Address: The Corporation of the Town of Fort Erie 1 Municipal Centre Drive, Fort Erie ON L2A 2S6 Office Hours 8:30 a.m. to 4:30 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Web-site: www.forterie.ca Page 204 of 326 The Honourable Doug Ford Page two suitable means of deflection to prevent and mitigate the risks of cross-over collisions on the Queen Elizabeth Way between Lyon’s Creek Road in the City of Niagara Falls and Thompson Road in the Town of Fort Erie, and further That: This resolution be circulated to The Honourable Doug Ford, Prem ier of Ontario, The Honourable Prabmeet Singh Sarkaria, Minister of Transportation, The Honourable Kinga Surma, Minister of Infrastructure, and Wayne Gates, MPP for Niagara Falls, and further That: This resolution be circulated to the Regional Municipality of Niagara and the other Members of Provincial Parliament representing Niagara Constituencies, and further That: This resolution be sent to the City of Niagara Falls for their endorsement and support. Thank you for attention to this matter. Sincerely, Peter Todd, Manager, Legislative Services / Town Clerk ptodd@forterie.ca PT:dlk c,c, The Honourable Prabmeet Singh Sarkaria, Minister of Transportation Prabmeet.Sarkaria@pc.ola.org The Honourable Kinga Surma, Minister of Infrastructure Kinga.Surma@pc.ola.org Wayne Gates, MPP - Niagara Falls wgates-co@ndp.on.ca Ann-Marie Norio, Clerk, Region of Niagara Ann-Marie.Norio@niagararegion.ca Jennifer Stevens, MPP - St. Catharines JStevens-CO@ndp.on.ca Jeff Burch, MPP - Niagara Centre JBurch-QP@ndp.on.ca Sam Oosterhoff, MPP - Niagara West-Glanbrook sam.oosterhoff@pc.ola.org B. Matson, Clerk, City of Niagara Falls billmatson@niagarafalls.ca Page 205 of 326 ,i NIAGARA DAVID ADAMES T 905.356.2241 X2238PARKS,dadames@niagaraparks.com \W' June 24,2024 VIA EMAIL Niagara Falls City Council 4310 Queen Street Niagara Falls,ON L2E 6X5 Dear Mayor Diodati and Niagara Falls City Councillors, As you know,the WEGO visitor transportation system,which originally went into service in August 2012 with the substantial support of both the Governments of Canada and Ontario with their respective $25 million investments,has provided a much—needed guest experience for thousands of visitors to Niagara Falls. This letter is to inform you of a recent decision made by the Niagara Parks Commission at its June 13,2024 meeting.Effective September 3,2024,and extending to September 2,2026,Niagara Parks will fund and operate the WEGO Blue Line Service on a trial basis.Taking on the Blue Line will be in addition to Niagara Parks’commitment to continue to operate the WEGO Green Line as well. The continued operation of both Blue and Green Lines of WEGO will ensure that an integrated visitor transportation system is here in Niagara Falls for visitors,offering substantial value and convenience to our collective guests,while protecting the original public investment made into the system. Details of Niagara Parks’operation of the WEGO Blue Line include: year—round.Detailsof routing and stops have been slightly modi?ed from the currentservice,with a goal of efficiency and delivering the best guest experience..The service schedule will be established by Niagara Parks and shared withguestsandstakeholdersinadvanceofSeptember3,2024.BOB GALE,Chair DAVID ADAMES,Chief Executive Officer7400PortageRoad,Niagara Falls,ON Canada L2E 6T2 905.356.2241 niagaraparkscom An Agency of the Government of OntarioPage 206 of 326 k NIAGARAgPARKS All" .Niagara Parks will continue to offer WEGO 24 and/or 48-hour tickets for sale to local stakeholders on a consignment basis (as is currently done)on a discounted basis often (10)percent from retail rates..Niagara Parks will work with the Niagara Regional Transit (NRT)to establish a mutually agreeable hub for guests to transfer from the NRT bus to a WEGO bus (keeping in mind the most suitable location from a guest experience perspective)..Niagara Parks will look at options for a “Workers Transportation pass”that could be used by locals to travel to and from work. From now until Labour Day,September 2,2024,there will be no change to the operation of the WEGO Bus Service throughout the destination.These changes will come into effect as of September 3,2024,with the goal of continuing to provide a positive and seamless public transportation experience for both guests and local residents within the core tourism areas of Niagara Falls. Thank you for your cooperation in this matter.Should you have any questions,please submit inquiries through our Guest Services Centre at info@niagaraparks.com. MW David Adames Chair Chief Executive Officer 2of2Page 207 of 326 Willi ?é—gI—O—ITPublic Works Water &Wastewater Services 350i Schmon Pkwy.,PO Box l042,Thorold,ON L2V 4T7 Telephone:905-980—6000 Toll—free:l-800-263-72l5 Fax:905-685-5205 www.niagararegion.ca June25,2024 Mr.William G.Matson City Clerk City of Niagara Falls 43 IO Queen Street PO.Box |023 Niagara Falls,ON L2E 6X5 Dear Mr.Matson: Public Notice Advertisement for Notice of Study Commencement Portage Trunk Sewer Rehabilitation City of Niagara Falls Our File:0.0l.04 99 2000|748 We are enclosing,for your information,a copy of our advertisement for the above-referenced project. This advertisement has been posted to the Region’s website (httpszllniagararegion.ca/news/notices/notice.aspx?q=8l4),and will be advertised in Niagara This Week (online only),on Thursday,June27,2024 and the Niagara Falls Review on Saturday,June29,2024. If you have any questions,please contact the undersigned. Yours truly Robert Stret,P.Eng.,PMP© Project Manager Water &Wastewater Engineering robert.stret@niagararegion.ca (#L:\ENV|RONMENTAL CENTRE\ENG|NEERING\0.0I —CAPITAL PRQ]ECTS\O42000 l 748 -Portage Trunk Sewer Rehab— Replacement (Kalar-Stamford)\|_PROJ_MGMT\CORR\Letters\2024\2024-06-2|-NF-Clerk—Portage—Trunk-Sewer-Notice-Commence- cc:Terry Ricketts,P.Eng.,Commissioner of Public WorksErikNickel,P.Eng.,Director of MunicipalWorks,City of Niagara FallsPage 208 of 326 Notice of Commencement Portage Trunk Sewer Rehabilitation City of Niagara Falls Niagara Region is carrying out the preliminary and detailed design of improvements to the Portage Trunk Sewer, located in the City of Niagara Falls. The Portage Trunk Sewer is located along a hydro corridor between the rear yards of Sheldon Street and Darcy Crescent / Maplewood Avenue. Sewage is discharged from the Kalar Road Sewage Pumping Station into the trunk sewer at an access chamber located south of the rear fence line at 6606 Sheldon Ave. The sewer continues eastward for approximately 1.3 km before discharging to the Stamford Interceptor and ultimately the Niagara Falls Wastewater Treatment Plan. The detailed design is anticipated to be completed by winter 2025. Visit the project webpage at niagararegion.ca/projects/portage-trunk-sewer- rehabilitation/default.aspx for further details as the design progresses. Any questions about this project should be directed to: Patrick Moskwa, P.Eng. Consultant Robinson Consultants Inc. 911 Golf Links Rd., Suite 111 Hamilton, ON L9K 1H9 905-304-0080 ext. 225 pmoskwa@rcii.com Page 209 of 326 Robert Stret, P.Eng. PMP© Project Manager Water & Wastewater Engineering Niagara Region 3501 Schmon Pkwy., PO Box 1042 Thorold, ON L2V 4T7 905-980-6000 ext. 3190 Toll-free: 1-800-263-7215 robert.stret@niagararegion.ca Any personal information submitted will be collected, used and disclosed, where applicable, by members of Regional staff according to the Municipal Freedom of Information and Protection of Privacy Act. Any information you share will only be used for the intended purpose for which it was provided. For questions or comments about privacy practices, or for more information about the administration of the Municipal Freedom of Information and Protection of Privacy Act in Niagara Region programs see niagararegion.ca/government/foi. This notice was first issued on June 27, 2024. Page 210 of 326 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 CL 9-2024, June 27, 2024 PEDC 6-2024, June 12, 2024 PDS 20-2024, June 12, 2024 July 4, 2024 Distribution List SENT ELECTRONICALLY Proposed Amendments to the Niagara Escarpment Planning and Development Act PDS 20-2024 Regional Council, at its meeting held on June 27, 2024, passed the following recommendation of its Planning and Economic Development Committee: That Report PW 20-2024, dated June 12, 2024, respecting Proposed Amendments to the Niagara Escarpment Planning and Development Act, BE RECEIVED and BE CIRCULATED to the Towns of Pelham, Niagara-on-the-Lake, Lincoln and Grimsby, as well as the Cities of St. Catharines, Niagara Falls and Thorold. A copy of PDS 20-2024 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2024-068 cc: E.Acs, Manager, Community Planning M. Sergi, Commissioner, Growth, Strategy and Economic Development N. Oakes, Executive Assistant to the Commissioner, Growth, Strategy and Economic Development Page 211 of 326 Page 2 Distribution List Town of Pelham Town of Niagara-on-the-Lake Town of Lincoln Town of Grimsby City of St. Catharines City of Niagara Falls City of Thorold Page 212 of 326 PDS 20-2024 June 12, 2024 Page 1 Subject: Proposed Amendments to the Niagara Escarpment Planning and Development Act Report To: Planning and Economic Development Committee Report date: Wednesday, June 12, 2024 Recommendations 1.That this report BE RECEIVED for information; and 2.That this report BE CIRCULATED to the Towns of Pelham, Niagara-on-the-Lake, Lincoln and Grimsby, as well as the Cities of St. Catharines, Niagara Falls and Thorold. Key Facts •The purpose of this report is the share information with Council related to a Provincial proposal to update the Niagara Escarpment Planning and Development Act (NEPDA). •On May 3, 2024 a proposal was posted to the Environmental Registry of Ontario (ERO) containing a summary of changes the Province is considering to the NEPDA. The proposal is seeking feedback by June 17th (45 days). Staff comments outlined in this report will be submitted to the Province in response to the ERO posting. •According to the ERO proposal, the amendment aims to clarify and expand existing exemptions for developments that do not require a development permit under the NEPDA. It would also add additional exemptions for certain activities that are unlikely to have a significant environmental impact, such as building a shed, or swimming pool. •Ultimately the ERO posting lacks the detail required to fully understand the scope of this proposal. Staff have reached out to the Ministry of Natural Resources and Forestry to request further information in an effort to better understand the proposed changes. Financial Considerations Although details are vague with respect to this ERO posting, there is nothing that suggests the processing associated with Niagara Escarpment Development Permit Page 213 of 326 PDS 20-2024 June 12, 2024 Page 2 exemptions or approvals are being downloaded or transitioned to regional or local municipalities. At this time, there does not appear to be any financial considerations for the Corporation. However, staff will continue to monitor this ERO proposal. Analysis The Niagara Escarpment Plan (NEP) was most recently updated in 2017 and had an office consolidation in 2021. During the 2017 update, Regional Council submitted detailed comments on policies, mapping and site-specific changes that were proposed for the plan. Most development, site alteration and special events within the NEP regulated area requires a permit issued by the Niagara Escarpment Commission (NEC). Attaining a NEP development permit can be a required first step, in advance of local municipal approvals. In an effort to expedite processing times, the Province is proposing to streamline the development permit process by clarifying and expanding exemptions for certain types of development: “The proposed changes would provide greater certainty and clarity for landowners and businesses within the NEP area on circumstances where a development permit may not be required. Some proposed changes would make it easier for conservation organizations to carry out activities that would benefit the escarpment. Most of the proposed changes are expected to have little or no environmental impact.” (ERO 019- 8364)i The proposal outlines nine categories where modifications to existing or new exemptions have been suggested, these include: Accessory structure activities, such as: • Construction or placement of a temporary or permanent structure accessory to a dwelling. • Installation of a private sewage disposal system accessory to a dwelling. Agricultural activities, such as: • Installation of a farm entrance to an agricultural property from a road. Page 214 of 326 PDS 20-2024 June 12, 2024 Page 3 • No minimum agricultural lot size to convert structures from one type of farming use to another. • The construction of a structure accessory to agricultural development, other than a dwelling. • The installation of a single, permanent farm produce structure to sell local products. Business activities, such as: • The establishment and operation of certain home occupation or home industry activities. • Special events that are accessory to a permitted use and which do not constitute a change in land use (e.g., change of residential use to a commercial use). Construction and decommissioning activities, such as: • Demolition of all or part of a building or structure. • Rebuilding or repairing damaged or destroyed land, buildings, or structures. • Extension of a single dwelling. Environmental management activities, such as: • Certain projects carried out by government or non-government conservation organizations (e.g., upgrades to trail systems, construction of boardwalks, stairs). • Restoration activities carried out by government or non-government conservation organizations. • Extend timelines from 5 years to 10 years for Niagara Escarpment Parks and Open Spaces System (NEPOSS) agencies to implement exempted development identified in an approved management plan. Forestry and vegetation management activities, such as: • Activities related to vegetation management (e.g., pruning, cutting, landscaping) required to facilitate certain work including work under an existing exemption or a development permit application. • The placement of fill or minor grading required for the construction of exempt structures or landscaping. Page 215 of 326 PDS 20-2024 June 12, 2024 Page 4 Infrastructure activities, such as: • Activities related to the construction or installation of communications equipment conducted within existing right of way. • Maintenance and repair road works conducted by public bodies which are approved through other processes such as an environmental assessment. Private servicing activities, such as: • Installation, maintenance, or replacement of a culvert to enable vehicular access to an existing lot. • Installation or decommissioning of a well or cistern supplying potable water. • Driveway extension to an existing or new exempt structure. • Activities related to connecting existing services at road to an existing structure. Other activities, such as: • A lot addition or lot line adjustment on existing lots outside of prime agricultural areas. • Construction or extension of structures accessory to an institutional use. • Revised size and lighting conditions for the construction of an outdoor swimming pool, spa, or hot tub, and a single outdoor sports court. Staff Comments Upon review of the proposed exemptions, staff offer the following items for the Province to consider: 1. While the proposal outlines activities that would be exempt, it does introduce some confusion by stating: “Not all exemptions would apply across the entirety of the NEP area. Some exemptions may be limited to only outside of certain environmentally sensitive areas or natural features.” (ERO 019-8364) It is unclear from the detail in the proposal, how a landowner in the NEP would determine if an exemption applies to their situation or not. If the primary objective of this proposal is to expedite processing times, the process to determine applicability of an exemption should be clarified. 2. The proposal does not contain any discussion around residential dwellings. In support of streamlining efforts to build more homes, staff would suggest the Province Page 216 of 326 PDS 20-2024 June 12, 2024 Page 5 review the proposed exemptions with a housing priority lens, especially within the Escarpment Urban Area designation. The Escarpment Urban Area designation encompasses lands which are also identified in municipal official plans for urban development. Local municipalities remain the final approval authority for construction in these areas. 3. The proposal lists certain agricultural activities (entrances, accessory buildings, building use conversion, and produce stands) as activities that may be exempted. However, there may be further opportunity to exempt additional agricultural activities, where approvals are also required at the local municipal level. Staff would suggest the Province review agricultural activities considered under the Normal Farm Practices Protection Act and determine if opportunities for further exemptions are possible. Overall, the exemptions listed in the proposal will continue to support the goals and objectives of the NEP. Further details are needed to understand the implementation of these changes and how they can be communicated and understood by the end user. Staff will continue to monitor this proposal and can report back to council if further details are released on this regulatory change. Alternatives Reviewed No alternatives have been reviewed, as this report summarizes and presents staff comments on the proposed changes to the Niagara Escarpment Planning and Development Act. Relationship to Council Strategic Priorities This report provides information on proposed changes to provincial policy related to land use planning. This relates to Council’s Strategic Priority of Effective Region, Equitable Region, and Prosperous Region through ensuring high quality, efficient, and coordinated core services. Other Pertinent Reports None Page 217 of 326 PDS 20-2024 June 12, 2024 Page 6 _______________________________ Prepared by: Erik Acs, MCIP, RPP Manager, Community Planning Growth Strategy and Economic Development ____________________________ Recommended by: Michelle Sergi, MCIP, RPP Commissioner Growth Strategy and Economic Development ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Angela Stea, MCIP RPP, Director Corporate Strategy and Community Planning. i Proposed amendments to development permit exemptions under R.R.O. 1990, Regulation 828 for lands in the Niagara Escarpment Planning Area that is under the area of development control | Environmental Registry of Ontario (https://ero.ontario.ca/notice/019-8364) Page 218 of 326 June 27, 2024 Association of Municipalities of Ontario 155 University Ave | Suite 800 Toronto, ON M5H 3B7 Sent via email: resolutions@amo.on.ca Re: Green Roads Pilot Project Our File 35.72.3 To Whom it May Concern, At its meeting held on June 24, 2024, St. Catharines City Council approved the following motion: WHEREAS St. Catharines has declared a climate emergency, recognizing the urgent need to address and mitigate the impacts of climate change on our community and environment; and WHEREAS alternatives to traditional road surfacing materials exist, including green roads technologies that are more sustainable and environmentally friendly; and WHEREAS bioresin is a natural alternative that can be used to support road surfacing, providing a more sustainable option that reduces our reliance on petrochemical-based products; and WHEREAS many secondary roads in St. Catharines require resurfacing, presenting an opportunity to explore and implement innovative and sustainable road surfacing solutions; and WHEREAS Good Roads, the Association of Municipalities of Ontario (AMO), and the Federation of Canadian Municipalities (FCM) have presented alternatives for municipal road restoration that include sustainable and environmentally friendly materials and methods; and WHEREAS other municipalities, such as Centre Wellington, have entered into a similar pilot project using bioresin and other sustainable materials, demonstrating a commitment to innovation and environmental stewardship; and WHEREAS implementing pilot projects using bioresin on city roads can provide valuable data and insights into the feasibility, performance, and environmental benefits of this alternative material; and Page 219 of 326 WHEREAS the Federation of Canadian Municipalities (FCM) has established the Green Municipal Fund which includes new funding for pilot projects to test innovative and ambitious technologies to improve environmental outcomes; THEREFORE BE IT RESOLVED that St. Catharines City Council directs staff to investigate the feasibility and potential benefits of using bioresin on City road works; and BE IT FURTHER RESOLVED that staff investigate other alternative construction materials and methods for road works that minimizes the City’s carbon footprint and are more environmentally sustainable; and BE IT FURTHER RESOLVED that staff prepare a report on the findings, no later than Q3 2024, including potential costs, benefits, and environmental impacts of using bioresin or other sustainable construction materials or methods for road works, and if feasible, a list of City streets where a pilot project may be considered in accordance with the City’s procurement policy; and BE IT FURTHER RESOLVED that this resolution be sent to all Ontario municipalities, the Association of Municipalities of Ontario (AMO), and the FCM to encourage the exploration and adoption of sustainable road surfacing alternatives. If you have any questions, please contact the Office of the City Clerk at extension 1524. Donna Delvecchio, Acting City Clerk Legal and Clerks Services, Office of the City Clerk :sm cc: all Ontario Municipalities Page 220 of 326 June 26, 2024 City of Hamilton Haldimand County Regional Municipality of Niagara Local Area Municipalities SENT ELECTRONICALLY Report No. FA-29-24 RE: Water Quality Monitoring Program Summary Report for the Year 2023 At the Board of Directors meeting held on June 21, 2024, the following resolution was passed: Resolution No. FA-71-2024 Moved by: Michelle Seaborn Seconded by: Donna Cridland THAT Report No. FA-29-24 RE: Water Quality Monitoring Program Summary Report for the Year 2023 BE RECEIVED; AND THAT the Water Quality Fact Sheet 2023 BE RECEIVED; AND THAT the actions identified herein to inform municipalities, stakeholders, and the public about the report findings and best practices to improve local water quality BE IMPLEMENTED. AND FURTHER THAT a copy of this report BE CIRCULATED to NPCA watershed municipalities, Ministry of Natural Resources and Forestry (MNRF), Ministry of the Environment and Parks (MECP) and the Federal Ministry of Environment and Climate Change Canada (ECCC). A copy of Report No. FA-29-24 and associated appendices are enclosed for your reference. The complete Program Summary Report can be viewed online here. The Watershed Monitoring & Reporting team would be happy to present findings and best practices to support restoration efforts in the community. If Council or staff are interested in learning more about the results and initiatives that can support the quality of surface and groundwater within the Niagara Peninsula watershed, please reach out and I'd be happy to coordinate the opportunity. Page 1 of 11 Page 221 of 326 Sincerely, Melanie Davis Manager, Office of the CAO & Board Niagara Peninsula Conservation Authority 905.788.3135 ext. 250 cc: Chandra Sharma, CAO / Secretary - Treasurer Leilani Lee-Yates, A/Director, Watershed Strategies & Climate Change Josh Diamond, Manager, Watershed Monitoring & Reporting Eric Augustino, Water Quality Specialist Page 2 of 11 Page 222 of 326 Report No. FA-29-24 Water Quality Monitoring Program Summary Report for the Year 2023 Page 1 of 5 Report To: Board of Directors Subject: Water Quality Monitoring Program Summary Report for the Year 2023 Report No: FA-29-24 Date: June 21, 2024 ______________________________________________________________________________ Recommendations: THAT Report No. FA-29-24 RE: Water Quality Monitoring Program Summary Report for the Year 2023 BE RECEIVED; AND THAT the Water Quality Fact Sheet 2023 BE RECEIVED; AND THAT the actions identified herein to inform municipalities, stakeholders, and the public about the report findings and best practices to improve local water quality BE IMPLEMENTED; AND FURTHER THAT a copy of this report BE CIRCULATED to NPCA watershed municipalities, Ministry of Natural Resources and Forestry (MNRF), Ministry of the Environment and Parks (MECP) and the Federal Ministry of Environment and Climate Change Canada (ECCC). Purpose: The purpose of this report is to provide key highlights of NPCA’s “Water Quality Monitoring Program Summary Report for the Year 2023,” and to recommend actions to inform our partner and local-area municipalities, First Nations partners, community stakeholders, and the public about the report’s findings and actions that can be taken to improve local water quality. Background: The NPCA Water Quality Monitoring Program was implemented in 2001 and is operated in partnership with the Ministry of Environment, Conservation and Parks (MECP), Niagara Region, Haldimand County, and the City of Hamilton. This program consists of a Page 3 of 11 Page 223 of 326 Report No. FA-29-24 Water Quality Monitoring Program Summary Report for the Year 2023 Page 2 of 5 combination of MECP surface water and groundwater monitoring stations combined with locally established NPCA watershed monitoring stations. The NPCA collects and analyzes hundreds of water samples each year from the streams and groundwater resources within the watershed. From this information, the NPCA can identify sources of pollution, track water quality trends, and help to assess and direct NPCA environmental programs. The long-term data serves as a baseline by which to compare the success of various water quality improvement initiatives being undertaken by different organizations throughout the watershed. At the October 22, 2020, NPCA Board Meeting, the NPCA Board directed staff (via Resolution FA-134-2020) to share the annual Water Quality Monitoring results and trends to partner municipalities and to develop water quality education resources to facilitate engagement regarding the state of water quality and suggested best practices. Discussion: The NPCA Water Quality Monitoring Report for the Year 2023 summarizes the results of the NPCA’s surface water and groundwater monitoring program. The complete report can be found on the NPCA’s website at the following link: https://npca.ca/watershed-health#water- quality-monitoring Surface Water The NPCA collects monthly surface water quality samples, during the ice-free season, at 84 monitoring stations. Including 13 Provincial Water Quality Monitoring Network stations and 71 NPCA stations, samples are analyzed using several indicator parameters including chloride, nitrate, total phosphorus, total suspended solids, copper, lead, zinc, and E. coli. These indicator parameters are used to calculate the Canadian Water Quality Index (WQI) which provides a descriptive water quality rating for each station. The NPCA also monitors surface water quality using benthic invertebrates (aquatic insects and animals) as indicators of stream health. Due to their restricted mobility and habitat preferences, benthic invertebrates usually remain in a localized area. As a result, they are continuously subjected to the effects of all pollutants and environmental stream conditions and can provide a broad overview of water quality related problems. They are abundant in all types of aquatic systems and can be easily collected and identified. For surface water, the biological and chemical monitoring results indicate that many of Niagara’s watersheds have poor or impaired water quality. Total phosphorus, E. coli, suspended solids, and chlorides from non-point sources (agricultural and livestock operations, faulty septic systems, winter de-icing operations) and point sources (combined sewer overflows, urban stormwater runoff) continue to be the major causes of impairment in the Niagara Peninsula watershed. Page 4 of 11 Page 224 of 326 Report No. FA-29-24 Water Quality Monitoring Program Summary Report for the Year 2023 Page 3 of 5 Watercourses under the direct influence from the Great Lakes and Niagara River, such as the Lower Welland River, cause dilution of contaminate concentrations and therefore have higher water quality ratings. Watercourses that are strongly influenced by groundwater discharge, like the Upper Twelve Mile Creek (Effingham Branch) and Upper Welland River, also have higher water quality ratings as do watercourses located in areas with substantial natural landscapes like the Point Abino Drain and Beaver Creek (both located in Fort Erie). Additional information can be found in Appendix 1 on the water quality ratings from 2019-2023. Groundwater The NPCA collects water quality data from 46 groundwater monitoring wells, comprised of 15 wells Provincial Groundwater Water Monitoring Network and 31 NPCA wells. Appendix 2 identifies the location of the wells within the NPCA groundwater monitoring network. This data is important to assess the ambient conditions of several bedrock and overburden aquifers found in NPCA watershed. For groundwater, monitoring results indicate that water quality was found to be highly variable with some wells exceeding the Ontario Drinking Water Standards. All groundwater quality exceedances were related to naturally occurring bedrock conditions, have been investigated through MECP exceedance protocols, and appropriate municipal Public Health Departments have been notified. Next Steps The NPCA Water Quality Monitoring Program continues to provide valuable information about the health of the watershed. The poor surface water quality in the NPCA watershed has been caused by decades of environmental degradation. However, water quality programs that improve how nutrients are managed, serve to increase riparian buffers, and improve forest cover can contribute to addressing these impacts. While collective efforts across the NPCA watershed will improve water quality over time, there is much work to be done before the water quality in the NPCA watershed improves to the point where it is able to meet federal and provincial ambient water quality guidelines. Going forward into 2024, this program continues to inform the NPCA’s restoration priorities , such as “Trees for All” and provide critical data for the Welland River Soil and Water Assessment Tool (SWAT) project with the University of Guelph, which will model nutrient loading in that watershed. As such, the Water Quality Monitoring Report recommends that the NPCA continue to monitor both our surface water and groundwater to ensure that there is up-to-date water quality information available, quantify trends, and continue to identify sources of contamination within the Niagara Peninsula watershed. Page 5 of 11 Page 225 of 326 Report No. FA-29-24 Water Quality Monitoring Program Summary Report for the Year 2023 Page 4 of 5 Communication Strategy In response to the direction for the NPCA Board of Directors, staff will undertake the following actions: 1.The Water Quality Monitoring Summary Report for the Year 2023 will be distributed to the Clerks at Niagara Region and its lower-tier municipalities, the City of Hamilton, Haldimand County, Mississaugas of the Credit First Nation, and Six Nations on the Grand River. Further, an offer will be extended for NPCA staff to present the report and its associated findings to respective councils and/or senior staff, should any partners be interested in additional information. 2.The Summary Report for the Year 2023 will further be distributed to all Public Health Departments within the Niagara Peninsula watershed and the local Ministry of Environment, Conservation and Parks Office for their information. 3.A NPCA Water Quality Fact Sheet 2023 summarizing the report’s findings and a list of actions that individuals, communities, and businesses can undertake to improve local water quality will also be published via various mediums. Please see Appendix 3 for a copy of the 2023 summary report fact sheet. 4.The Water Quality Monitoring Summary Report and Fact Sheet will be posted on the NPCA website. 5.NPCA will seek opportunities to share information about our Water Quality Monitoring Program through other NPCA programs and events. Financial Implications: The Water Quality Monitoring Program is funded through the annual operating budgets. Links to Policy/Strategic Plan: The NPCA Water Quality Monitoring Program directly supports Goal 1.1 of the 2021-31 Strategic Plan by providing information to partners and members of the community to support evidence-based decision-making for climate-resilient watersheds. Related Reports and Appendices: Appendix 1 – Water Quality Ratings in 2019-2023 Appendix 2 – NPCA Groundwater Monitoring Network Appendix 3 – NPCA 2023 Water Quality Fact Sheet Page 6 of 11 Page 226 of 326 Report No. FA-29-24 Water Quality Monitoring Program Summary Report for the Year 2023 Page 5 of 5 Authored by: Eric Augustino, M.Sc., C.E.T. Water Quality Specialist Reviewed by: Joshua Diamond, M.Sc. C. Tech. Manager, Watershed Monitoring and Reporting Original Signed by: Leilani Lee-Yates, BES, MSPL.RPD, MCIP, RPP Director, Watershed Strategies & Climate Change Submitted by: Original Signed by: Chandra Sharma, MCIP, RPP Chief Administrative Officer/Secretary-Treasurer Page 7 of 11 Page 227 of 326 Report No. FA-29-24 Appendix 1 – Water Quality Ratings, 2019-2023 Page 8 of 11Page 228 of 326 Report No. FA-29-24 Appendix 2 – NPCA Groundwater Monitoring Network Page 9 of 11Page 229 of 326 2023 Water Quality Monitoring Report Fact Sheet DRAFTPage 10 of 11Page 230 of 326 DRAFTPage 11 of 11Page 231 of 326 1 Michael Stewart Subject:FW: [EXTERNAL]-AMO Advocacy on Homelessness Encampments From: Colin Best <amopresident@amo.on.ca> Sent: Wednesday, July 3, 2024 11:27 AM To: Bill Matson <billmatson@niagarafalls.ca> Subject: [EXTERNAL]-AMO Advocacy on Homelessness Encampments AMO Advocacy on Homelessness Encampments Dear Clerks and Heads of Council of Municipal Governments Across Ontario: The AMO President and Board is requesting that this letter be shared with all elected council members and administrative heads (i.e., CAO, City Manager) in your municipality. Please post as an information item in your next council meeting agenda. On behalf of its municipal members, the Association of Municipalities of Ontario (AMO) is urgently calling for provincial and federal leadership and action to address the growing crisis of homelessness encampments in communities across Ontario. On July 2nd, AMO released a new policy paper Homeless Encampments in Ontario: A Municipal Perspective detailing the state of this crisis and evidence-based actions that must be taken. Municipal governments are at the front lines of the homelessness crisis without the resources or tools to support our residents and communities. We are asking the provincial and federal governments to work collaboratively with each other and municipalities. These are complex issues that require comprehensive responses from all orders of government working together. Page 232 of 326 2 For further resources and information, please visit www.amo.on.ca Sincerely, Colin Best President, Association of Municipalities of Ontario (AMO) *Disclaimer: The Association of Municipalities of Ontario (AMO) is unable to provide any warranty regarding the accuracy or completeness of third-party submissions. Distribution of these items does not imply an endorsement of the views, information or services mentioned. Association of Municipalities of Ontario To unsubscribe, please| Opt Out 155 University Ave Suite 800 | Toronto, ON M5H 3B7 CA 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 233 of 326 July 2, 2024 A Municipal Perspective Homeless Encampments in Ontario: Page 234 of 326 2AMO | Homeless Encampments in Ontario Introduction As homelessness escalates in its scope, visibility, and complexity, communities in Ontario are seeing a rise in homeless encampments. In 2023, at least 1400 homeless encampments existed in Ontario’s communities.1 Their existence is not unique to large urban centres and can now be found in all types of communities including urban, small town, rural, and northern Ontario. Encampments are the latest expression of a homelessness crisis decades in the making. These encampments are a tragic result of cracks in the foundations of our housing, health, and social systems and are a public policy failure by successive provincial and federal governments. A lack of intergovernmental cooperation and integration of effort, and insufficient supply of affordable housing have compounded matters. While municipalities did not create the homelessness crisis, they are being forced to manage it without the resources or tools to sufficiently respond. Municipalities are often caught balancing the important needs of unsheltered people living in encampments, who deserve to be treated with empathy and respect, and a responsibility to ensure our communities are safe and vibrant places for all residents. Concrete solutions to this crisis are needed now. Provincial and federal governments need to take responsibility for the policy decisions that have led to this crisis and take a leadership role in finding solutions. This must include substantial new investments and policy changes to address the root causes of homelessness, stave off the growth in encampments, and connect people already living in encampments with the supports they need right now. This abdication of leadership has meant that municipalities and citizen groups are increasingly looking to the courts for guidance. This leads to adversarial approaches and increases complexity in a way that puts us farther behind. Municipalities need clear guidance from the provincial government regarding how to address encampments when resource realities and the rights of groups and individuals appear to be at odds. In a province as prosperous as Ontario, homeless encampments cannot be the best we can do for our residents, communities, and businesses. We know we have the capacity to solve this problem. All that we need is the resolve. 1 AMO Survey of Municipal Service Managers and DSSABs, December 2023 Page 235 of 326 3AMO | Homeless Encampments in Ontario Ontario Municipalities Are Committed to Meeting Rights Obligations Municipalities have long understood the critical importance of housing in the health, safety, and well-being of individuals and families. Ontario’s municipalities are also fully committed to meeting all their obligations under the Charter and the Ontario Human Rights Code. But in the context of substantial growth in needs and declining resources, interpretations of what these obligations are, and how to meet them are increasingly at odds. In responding to homeless encampments, many municipalities are following guidelines provided by experts in rights-based approaches2, including the importance of: • Meaningfully engaging with individuals living in encampments, including ongoing good faith discussions with as many encampment residents as possible to understand concerns and provide supports; • Exploring viable alternatives to encampment evictions or removals, such as offering alternative housing solutions – like tiny homes, shelters, rent supplements or re- locating encampments from dangerous or inappropriate sites; • Supporting encampment residents’ access to essential services, such as drinking water, waste management, and sanitation facilities; • Respecting encampments residents’ belongings; and • Working with encampment residents and police forces to develop and implement encampment safety protocols. Many municipalities across Ontario have implemented innovative approaches to encampments that have improved circumstances for both encampment residents and the broader community. 2 The Shift Municipal Engagement Guidance, Homeless Encampments – The Shift, 2023 Page 236 of 326 4AMO | Homeless Encampments in Ontario Case Study 1: Municipality A – a regional municipality – found an alternative to a large encampment on municipal land. There were health and safety risks resulting from fires, pests, unsanitary conditions and serious criminal activity and unsanitary conditions. To protect the residents and to prevent further damage to the property, the upper tier municipality worked with a lower tier municipality and participating community partners to find an interim housing solution. A supervised transitional housing site was established on municipal land with 50 cabins to provide temporary shelter. On-site services help residents meet basic needs, connect to services and permanent housing options. These efforts are complemented by a new Council-approved and funded plan to end chronic homelessness. Case Study 2: Municipality B – a northern municipality with a large Indigenous population – implemented a protocol to manage encampments on public property with an explicit commitment to a rights-based approach. It requires that the municipality exhaust options for engaging with and moving each individual to a safer indoor space before encampment removal is considered. Respect for and protection of Indigenous rights is a key commitment. The protocol outlines the roles and responsibilities of various municipal players, centering the provision of services around the principles of housing first and the safety of encampment and broader community residents. The local District Social Services Administration Board collaborates to provide support services such as outreach, emergency shelter and housing help assistance. Case Study 3: Municipality C – a large municipality – focused on a human rights-based outreach to meet the basic needs of high acuity unsheltered homeless individuals through an innovative service hub and mobile depot model. This approach was implemented within the context of a Whole of Community System Response, building upon a robust existing emergency shelter and housing supports system and provision of new mental health and addictions services plus 600 highly supportive housing units. Encampment health and safety review protocols are in place to guide municipal staff and community partners when supporting and managing encampments in a way that balances the public and private interests of public spaces while allowing for temporary shelter. This includes identifying situations where encampments are able to remain with supports and situations where they are restricted or significant interventions including removal are required. It also sets out rules for inhabitants of encampments to ensure health and safety (e.g. limiting the size and not allowing open fires or combustibles). These protocols also allow for identification of any challenges, unmet needs and/or resources required to respond to and support social and health service care planning. Page 237 of 326 5AMO | Homeless Encampments in Ontario But almost five years out from the beginning of the pandemic, many municipalities with long-term encampments are experiencing an erosion of community will, trust and buy- in for solutions. Tensions arise between individual and community obligations when municipalities respond to encampments. There is often a lack of consensus between what encampment residents need, what community members want, what human rights advocates are calling for, and what municipalities believe they must do to fulfill their roles and responsibilities to all residents. Some people living in encampments refuse offers of shelter or housing options, opting to continue living in an outdoor encampment for various reasons. There are situations when it is necessary to re-locate and/or remove encampments and find other alternative options. It is not a sustainable, long-term solution for municipalities to allow the normalization of encampments. Municipalities need to act in the best interests of the homeless and their communities to find other solutions. Municipalities Need Flexibility to Respond to Complexity Municipalities recognize the challenging circumstances that lead people to end up in encampments. These community members have complex needs that municipalities do their best to meet, with the same respect, dignity, and compassion afforded to all municipal residents. But municipal responsibilities go beyond supporting encampment residents. Municipal governments are responsible for ensuring community health and safety through public health, by-law enforcement, paramedicine, fire, and policing services. Homeless encampments are mostly unplanned environments without the infrastructure and amenities to make them healthy and safe places for the inhabitants residing there. As a result, the proliferation of homeless encampments can result in substantial risks to both encampment residents and the broader community. This is why municipalities have by-laws to prohibit certain activities on properties that may cause personal injury or damage to the lands. This often includes bans on camping and erecting unauthorized structures. Municipalities are also obligated to exercise powers under the Fire Protection and Prevention Act to remove or reduce an immediate threat to life. Municipally-led public health agencies work to prevent transmission of infectious diseases, while municipal police forces must enforce the Criminal Code to ensure public safety. Meeting all these obligations in a way that respects everyone’s rights and needs is not always straight forward, and frequently requires significant judgement as situations can quickly become complex: Page 238 of 326 6AMO | Homeless Encampments in Ontario Case Study 1: Municipality X – a mid-sized city with a significant student population – had a significant encampment in a major public park for over two years. At its largest, the site housed over 100 residents and included many unsafe structures. Violence and illegal activity, including fentanyl trafficking, became common place as policing became dangerous and ineffective. Numerous serious fires created threats to life and inflicted major damage. Outreach workers continued to provide health and support services and repeatedly offered alternative housing options to all individuals in the encampment. While many residents were successfully transitioned into housing, a number refused to leave unsafe structures. Case Study 2: Municipality Y – a large upper tier municipality – experienced an encampment of approximately 50 people established on municipal land used to support public transit. The municipality quickly mobilized intensive community social service resources and incurred significant costs to provide security and regular site clean-up. Despite efforts to meet the needs of residents, it was determined that the conditions at the encampment, including fires, pests, unsanitary conditions, and serious criminal activity posed a risk to health and safety as well as damage to the land, so removal was sought. Alternative shelter and housing solutions to the encampment were provided, including 50 new transitional housing units. Case Study 3: Municipality Z – a northern urban community – had many encampments in parks, roads and private property. After an encampment resident tragically died after creating a fire inside their tent, municipal fire services educated residents about how to stay warm in a safe manner, but the risks remained. Municipal law enforcement officers work together with social services staff first to connect with the residents to seek a resolution. The approach is open, transparent, and outlined publicly in a municipal protocol. In addition, a guidance document was developed by a third-party expert in homelessness service delivery planning. There is an emphasis on finding solutions through housing and other support services to resolve encampment situations. Council is going further to implement a plan to end chronic homlessness by 2030. Page 239 of 326 7AMO | Homeless Encampments in Ontario Municipal governments across Ontario experience challenges ensuring the health and wellness of inhabitants of encampments. First responders such as paramedics are often called in response to emergency situations or to provide community paramedicine services. Encampment inhabitants have had serious health conditions including life threatening ones. People have been hospitalized and, in a few cases, even died. Health risks come from extreme weather exposure, carbon monoxide poisoning, fires, and from smoke inhalation because of the use of heating and cooking devices within tents and other structures. Others have suffered from frostbite, resulting in amputations of fingers and toes. In many of these circumstances, removal of encampments was deemed necessary to preserve the safety of both the residents of the encampments and the broader community. Municipalities understand that alternative shelter options must be identified before removing encampments. They understand that in some circumstances, the ongoing existence of an encampment might be the best option – regardless of implications for others’ access to parks, manageable safety concerns, or impacts on businesses and community quality of life. They understand the need to educate their staff, officials, and the broader public on the rights that all residents have. However, a categorical ban on encampment removals under any circumstance or a sense that enforcement does not have a role in encampments management simply doesn’t reflect the complex situation in which Ontario finds itself. Pretending otherwise does a disservice to the many dedicated municipal staff and officials who find themselves trying to rectify an untenable situation. Page 240 of 326 8AMO | Homeless Encampments in Ontario Federal and Provincial Government Leadership Is Needed Now Municipalities have an important role to play contributing to solutions to homelessness and supporting those in encampments. But the scope of action and investment required to adequately address encampments far outstrips municipal fiscal capacity and jurisdiction. Provincial Action Required Progress on encampments depends primarily on action and leadership from provincial government to address the root causes of homelessness, namely: • Growing Income Insecurity: Across the province, a growing number of Ontarians can no longer afford the basic necessities of life. In Ontario, 45% of tenant households spend 30% or more of their total income on shelter. This is the highest rate across the country. By 2025, approximately 160,000 households will spend more than 50% of their income on rent, putting their housing at risk and increasing the likelihood of them becoming homeless. Food bank use in Ontario has skyrocketed, increasing 42% over the past 3 years alone. One-third of these visitors were using food banks for the first time, including growing numbers of workers.3 When people can’t afford to pay rent and feed themselves and their families, they aren’t able to work, take care of their kids, or contribute to the community. Despite recent increases to the Ontario Disability Support Program (ODSP) rates, in real terms ODSP and Ontario Works Social Assistance – Currently, because they do not have shelter costs, people who are homeless are not entitled to receive shelter benefits. This means that homeless people on ODSP/OW receive around $500/$400 less per month than the average monthly rates ($1308/$733). Amending OW and ODSP policies to provide the shelter allowance to homeless individuals is a key way that the province can make progress on homelessness. rates have never been lower, having not kept up with inflation for decades. Outdated and overly complicated rules keep people in poverty. Increasing social assistance rates and transforming social assistance to better help people to get back on their feet and fully participate in the economy will be a critical part of making progress on homeless encampments. 3 Feed Ontario – The Hunger Report (2022). Page 241 of 326 9AMO | Homeless Encampments in Ontario • Insufficient supply of deeply affordable housing: Deeply affordable housing includes a range of approaches – from government-owned buildings, to rent subsidies, to non- profit housing and co-operative developments — to provide housing for individuals who are unable to afford market rents. It is a smart way to invest tax dollars in community well-being and economic prosperity by providing people with dignity, opportunity, and a better quality of life. The wait list for government subsidized housing assistance in 2018 was 215,000 people. According to recent Canada Housing Renewal Association study, an additional 143,225 units of deeply affordable community housing is needed in Ontario by 2030 just to meet the OECD average.4 Most social housing stock in Ontario has been made possible by past significant federal and provincial investments, primarily between the 1960s and 1990s. However, provincial commitment has been limited since downloading responsibility for social housing to municipalities in the 1990s. Ontario remains the only jurisdiction in Canada where social housing is a municipal responsibility. Each year, municipalities spend approximately $1 billion in connection with provincial housing programs.5 During the pandemic, many municipalities invested in additional deeply affordable housing assistance to meet demand. Property taxpayers, including people on fixed incomes, cannot support the kinds of investments needed to keep up with demand. The National Housing Strategy lays a good foundation for action. However, the recent temporary federal-provincial disagreement on the proposed Ontario provincial action plan put over $350 million in NHS funding at risk, highlighting a fundamental lack of intergovernmental alignment and the overall disconnect between community housing needs, targets, and resources. There is a need to fundamentally re-think the way that community housing is funded in Ontario. Collaboration and integration of effort to a shared commitment to end homelessness is absolutely required. 4 Deloitte, Canadian Housing and Renewal Association and Housing Partnership Canada: The Impact of Community Housing on Productivity, 2023. 5 Financial Accountability Office of Ontario – Ontario’s Housing and Homelessness Programs (2021) Page 242 of 326 10AMO | Homeless Encampments in Ontario • Inadequate Approach to Mental Health and Addictions: Ontario is also experiencing a mental health and addictions crisis that intersects with and contributes to homelessness. People with poor mental health are more vulnerable; homelessness exacerbates mental illness – a tragic and costly cycle. Approximately 30-35% of those experiencing homelessness and up to 75% of women experiencing homelessness struggle with mental illnesses.6 Ontario’s Roadmap to Wellness program was a step forward in addressing mental health and addictions challenges in Ontario. But progress has been slow, waitlists for addictions treatment programs remain far too long, and government action has not focused enough on people with complex social needs and the importance of integrating health and social supports. Inconsistent access to mental health and addictions services across the province results in gaps for many rural and northern communities that prevent progress on homelessness. Supportive Housing – Supportive Housing is deeply affordable housing with on-site supports that helps individuals achieve housing stability, preventing a return to homelessness, especially for people with mental health conditions and addictions. Significantly more supportive housing units are need urgently. Estimates of the shortfall of units in 2017 range from between 30,000 to 90,000.7 6 www.homelesshub.ca/about-homelessness/topics/mental-health#:~:text=People%2520with%2520mental%2520illne ss%2520experience,experiencing%2520homelessness%252C%2520have%2520mental%2520illnesses 7 Wellesley Institute – Supportive Housing in Ontario: Estimating the Need (2017) Page 243 of 326 11AMO | Homeless Encampments in Ontario It will take years to reverse the systemic issues created by decades of policy choices made by successive provincial governments. In the interim, provincial leadership and investment is required to: • Expand the emergency shelter system: Emergency shelters already under strain are ill-equipped to respond to increasing demands driven by growing numbers of asylum-seekers and sky-rocketing rents. • Establish Homeless Encampment Guidance: Provincial guidance is urgently needed to ensure an appropriate and consistent approach to encampments in a complex and evolving legal and policy landscape. The abdication of leadership by the provincial government and resulting adjudication by the courts is costly and slow, creating unclear and unrealistic expectations, and feeding divisions at the community level. Establishing and reinforcing principles and parameters at a provincial level, consistent with the statutory obligations, will allow municipalities to focus on what they do best – providing services to citizens aligned with local needs and circumstances – without the impossible task of reconciling provincial policy choices at odds with group or individual rights. • Cost-match federal encampment funding: The 2024 Federal Budget announced an additional $250 million in dedicated funding to addressing encampments with a call out to provinces and territories to cost match this investment. The provincial government must heed this call and provide the matching funds. Federal Government AMO applauds important demonstrations of federal government leadership on non- market housing and homelessness, including the 2018 National Housing Strategy, the 2019 Reaching Home Initiative, and most recently elements of the 2024 Canada’s Housing Plan, including the Affordable Housing Fund, the Rapid Housing Initiative and the Rental Protection Fund. Sustained, concerted, significant action across all governments is needed, however, to truly make progress. The federal Parliamentary Budget Officer has determined that the funding is still insufficient to meet the target of reducing chronic homelessness by 50%. This will require additional investments of $3.5 billion a year across Canada. This is 7 times the current funding level. Recent federal-provincial disagreements in the context of the National Housing Strategy highlight the need for stronger inter-governmental collaboration on community housing and homelessness across all three orders of government. AMO supports the federal Housing Advocate’s call for a federally-led National Encampments Response Plan. This Plan must, however, preserve municipal flexibility and respect provincial (and in turn, municipal) heads of power, jurisdiction and rights. This is necessary to meet broader responsibilities and respond to specific circumstances Page 244 of 326 12AMO | Homeless Encampments in Ontario effectively. It cannot include recommendations from the federal Housing Advocate’s report such as a ban on forced removals in any circumstances. How Can Municipalities Navigate in the Interim? While provincial and federal action is urgently required, municipal governments are responding to immediate needs in their community that cannot be delayed by insufficient support from other orders of government. An evolving legal landscape and the proliferation of guidance from different sources about how municipalities should respond to homeless encampments can create challenges for municipalities and service partners trying to assess options. Individuals do not have a right to camp anywhere they choose on public lands, at any time. Nor do those who decline appropriate alternative shelter options have a right to continue to reside in encampments. Municipal governments must implement solutions that are effective, appropriate, feasible, practical, and in compliance with Ontario and Canadian law including but not limited to human rights legislation. For example, in contrast to some guidance, municipal police forces cannot be ordered by municipal councils to stop enforcing the Criminal Code by decriminalizing drug use in encampments. Municipal police forces also cannot abdicate their public safety responsibilities, which is incompatible with suggestions to fully de-centre policing as a municipal response. Some guidance has stated categorically that municipalities must stop all removals on public lands, going beyond current legal obligations. The Shift’s Homeless Encampments: Municipal Engagement Guidance was developed in collaboration with municipalities, housing and health experts and provides helpful and practical advice. While each municipality faces unique facts and circumstances that require independent legal assessments and advice, considering these key factors as they make hard decisions about the best options for their communities can help municipalities to mitigate legal risks: • Alternative shelter options for individual encampment residents are critical: Removing encampments from public lands when there is no alternative shelter space for encampment residents has been found to violate the Charter right to life, liberty and security of the person. Alternative shelter options include spaces in emergency shelters or alternative tenting locations, among others. It is not the case that municipalities must demonstrate capacity for all homeless individuals within a municipality to clear an encampment, but it is important that each individual in the encampment under consideration for removal have a specifically identified shelter option. Page 245 of 326 13AMO | Homeless Encampments in Ontario • Location of alternative shelter options: An important factor in whether alternative shelter locations are appropriate is their accessibility to services – such as food banks, health services, or sanitation facilities – that provide the basic necessities of life. Ways to enable access to these services – such as public transit or mobile service delivery options – should be considered. • Public use of occupied space: How public lands where encampments have arisen are designated for use is an important factor. Encampments located in major parks that are heavily accessed by the public are different from encampments located on empty lots. The degree to which the presence of an encampment impedes public use of space may be a relevant factor, particularly from a public safety perspective. • Protected groups and homeless encampments: The Ontario Human Rights Code prohibits actions that discriminate against people based on protected grounds like race, disability, and sex in social areas that include housing and services. Because of the over-representation of groups such as Indigenous people, people with mental health and substance use conditions, or gender-diverse individuals in homeless encampments, there is an elevated risk that actions related to homeless encampments can create or exacerbate disadvantage based on prohibited grounds. Ultimately, municipalities should be: • Assessing risk to the unsheltered homeless, community residents and the municipality and identify actions to mitigate them. • Assessing compliance of planned actions with the Charter and the Ontario Human Rights Code by consulting legal counsel. • Providing outreach to people living in homeless encampments and engaging them about solutions about their individual circumstances. • Engaging and developing solutions with people with lived experience of homelessness to ensure the proposed approach is appropriate and responsive to the needs and experiences of people experiencing homelessness. • Focusing on the needs of and appropriately engaging Indigenous People in the community, given their over-representation in the homeless population, must inform the response. Page 246 of 326 14AMO | Homeless Encampments in Ontario Conclusion Homeless encampments are the most recent symptom of much deeper system failures that are compromising the foundations of our social and economic prosperity. It’s time for the provincial and federal governments to play a leadership role in solving this crisis and addressing the root causes of homelessness. Ontario’s municipalities are ready to work with provincial and federal partners to end both homeless encampments and chronic homelessness in Ontario. Disclaimer: This document is not to be construed as the provision of specific legal advice for local situations. Municipalities and organizations should seek legal counsel’s advice on questions regarding compliance with applicable laws. This document does not attempt to comprehensively cover every possible situation that may arise with encampments and is timely at the date of its publication. Municipal governments should endeavour to keep apprised of developments in law, and to learn from each other what works and what does not with the circumstances of their local situation. Page 247 of 326 Association of Municipalities of Ontario (AMO) 155 University Ave., Suite 800, Toronto, ON M5H 3B7 416-971-9856 416-971-6191 1-877-4-AMO-LAS (1-877-426-6527) amo@amo.on.ca www.amo.on.ca Telephone direct: Fax: Toll-free in Ontario: E-mail: Website: Page 248 of 326 Of?ce of the Regional Chair |jim Bradley |8|5 Sir Isaac Brock Way,PO Box 1042 Thorold,ON L2V4T7 Telephone:905-980-6000Toll-free:|-800-263-72|5 Fax:905-685-6243 Email:jim.bradley@niagararegion.ca www.niagararegion.ca July |I,2024 The Honourable Doug Ford Sent by e-mail:premier@ontario.ca Premier of Ontario Legislative Bldg Rm 28l,Queen’s Park Toronto,ON M7A |A| RE:Niagara Poverty Reduction Strategy -Social Assistance Rates A ?ve-year community-led Niagara Poverty Reduction Strategy (NPRS)(2024-2028)was launched in March 2024 and approved by Niagara Regional Council. The strategy re?ects concerns,opportunities and actions identi?ed by residents during a broad engagement process and outlines eight Areas of Focus with one recommendation for each area.The Areas of Focus are:IndigenousWell-Being,Housing,Income,Employment, Food Security,EarlyChild Development,Transportation,and Mental Health and Addiction. Each Area of Focus includes one recommendation and a set of actions that addresses the issue of poverty within that area. Within the strategy,income was identi?ed as the primary determinant of poverty.The recommendation that addresses income levels calls for Niagara to advocate for adequate, liveable rates from government income assistance programs. At the June27,2024,meeting of Niagara Regional Council a motion was passed callingfor a copy of the NPRS be circulated and for the provincialgovernment to increase the Ontario Works (OW)and Ontario DisabilitySupport Program (ODSP)basic ?nancial assistance rates and establish a policy to index rates to in?ation for OW. The approved motion is as follows: 1.That the Regional Chair BE DIRECTED to send correspondence to the Provincial Ontario Disability Support Program (ODSP)basic ?nancial assistance rates and establishapolicytoindexratestoinflationforOWsimilartoODSP,to mitigate further hardship thathasresultedfromfrozenrates.Page 249 of 326 To:Premier Doug Ford Page 2 July |I,2024 Re:Niagara Poverty Reduction Strategy 2.That the Regional Chair BE DIRECTED to circulate a copy of the Niagara Poven‘y Reduction Strategy and associated correspondence to the Minister of Children, Community and Social Sen/ices (MCCSS),the Association of Municipalities Ontario (AMO),the Ontario Municipal Social Services Association (OMSSA),local area MPs and MPPs and local area municipalities for consideration of further actions required to address poverty. To this end,as directed by Regional Council,I want to formally request that the Provincial Government increase the Ontario Works (OW)and Ontario DisabilitySupport Program (ODSP)basic ?nancial assistance rates and begin a collaborative process to develop and implement a policy to index rates to in?ation for OW. Sincerely, Swen JimBradley,Chair Niagara Region cc:The Honourable SylviaJones,Minister of Health The Honourable David Piccini,Minister of Labour,Immigration,Training and Skills Development ' The Honourable Michael Parsa,Minister of Children,Community and Social Services Sam Oosterhoff,MPP,Niagara West JeffBurch,MPP,Niagara Centre Wayne Gates,MPP,Niagara Falls Jennifer(Jennie)Stevens,MPP,St.Catharines Page 250 of 326 Niagara Poverty Reduction Strategy 2024 - 2028 Page 251 of 326 Niagara Poverty Reduction Strategy 2024-20282 Acknowledgements Authors Lisa Gallant Poverty Reduction Strategy Advisor, Community Services, Niagara Region Marc Todd Manager, Community Services, Niagara Region Contributors Residents and community champions made this strategy possible. Thank you to the hundreds of people in Niagara for sharing their time, wisdom, commitment and stories. Thank you to community groups listed in "Appendix A: Locations of community engagement" on page 33 for hosting sessions to increase the reach of engagement and facilitators for leading meaningful community conversations. Special thanks to Mary Ellen Simon Director of Housing, Niagara Regional Native Centre leading engagement with Indigenous community in Niagara Olivia Schmidt Student, Brock University supporting research referencing Rachel Sam Former Poverty Reduction Strategy Advisor, Niagara Region (Phase 1) community engagement and research review Land acknowledgement 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. The Regional Municipality of Niagara is committed to equity and respect for all by ensuring Indigenous voices are heard and included in our plans and programs. In addition, we are committed to eradicating anti-Indigenous racism and discrimination within our community. Page 252 of 326 Contents Acknowledgements .....................................................................................................................2 A message from the Poverty Reduction Steering Committee ...................................................4 Why Niagara needs a strategy ....................................................................................................6 Definition and impacts of poverty .............................................................................................6 Poverty in Niagara ...................................................................................................................8 Indigenous prosperity ...............................................................................................................9 How we developed the strategy ..................................................................................................10 Introduction to the strategy ........................................................................................................12 Areas of focus ..............................................................................................................................13 Indigenous well-being ..............................................................................................................14 Housing ...................................................................................................................................15 Income ....................................................................................................................................16 Employment.............................................................................................................................17 Food security ...........................................................................................................................18 Early child development ...........................................................................................................19 Transportation .........................................................................................................................20 Mental health and addiction .....................................................................................................21 How to create change ..................................................................................................................22 Service access, coordination and capacity ...............................................................................23 Diversity, equity and inclusion ..................................................................................................23 Leveraging voices of lived expertise .........................................................................................24 Changing mindsets ..................................................................................................................24 Advocacy .................................................................................................................................25 Funding ...................................................................................................................................25 Moving forward ...........................................................................................................................26 Resources consulted ...................................................................................................................29 Appendix A: Locations of community engagement ...................................................................33 Appendix B: Alignment to Regional reports ...............................................................................34 Page 253 of 326 Niagara Poverty Reduction Strategy 2024-20284 A message from the Poverty Reduction Steering Committee The goal of this strategy is: Working together to prevent and end poverty and increase well-being in Niagara. The Poverty Reduction Steering Committee, made up of individuals from government, Niagara residents, Indigenous community, education and health, is pleased to present Niagara’s Poverty Reduction Strategy. It is the mission of this committee and of this strategy that by working together to prevent and end poverty and increase well-being in Niagara we will create positive change for our community. This strategy has been shaped by diverse voices of residents in Niagara including those who are disproportionately affected by poverty. The actions outlined in the strategy are supported by research and best practices and inspired by work happening in other communities to end poverty. The Committee played a pivotal role in developing the recommendations, identifying interconnected strategies and providing input into the development of a picture of poverty in Niagara – what poverty is, what poverty means in people’s lives and how poverty affects all of us. Through the community’s voice, the Committee selected the Areas of Focus of this strategy and prioritized eight recommendations aligned with best practice and existing strategies. These Areas of Focus are Indigenous well-being, housing, income, employment, food security, early child development, transportation, mental health and addiction. Preventing and ending poverty will be achieved by working together as a community to strategically address factors that impact and reduce poverty within these Areas of Focus. During implementation, the Committee will look at ways to increase opportunities for a network of champions to exchange ideas and harness the power of their successes. The Committee will call on a collaborative approach. To achieve success, we need people with lived expertise, Indigenous peoples, and other residents, along with representatives from government, funders, businesses, health and educational institutions, non-profit organizations, service clubs and associations to collaborate, share leadership, exchange ideas, engage community and mobilize action. We recognize that ending poverty will take more than five years given the complex nature of poverty and the need for a community-wide response. This strategy provides a major step to achieve this goal. We thank everyone who engaged in community conversations and look forward to continuing our collaborative work to end poverty in Niagara. Page 254 of 326 Working together to prevent and end poverty and increase well-being in Niagara 5 Niagara Poverty Reduction Strategy Steering Committee members Lori Watson (Chair) Director, Community Services Haley Bateman Niagara Regional Councillor Laura Ip Niagara Regional Councillor David Oakes Chief Administrative Officer, City of St. Catharines Arceli Olivares Niagara resident Christina Thomas Niagara resident Mary Ellen Simon Director of Housing, Niagara Regional Native Centre Marie Louise Bowering Indigenous Community Connections Facilitator, Niagara Catholic District School Board Jon Braithwaite Chief Executive Officer, The Hope Centre Jennifer Gauthier Executive Director, Birchway and Chair Niagara Poverty Reduction Network Vivian Kinnaird Chief Executive Officer, Workforce Collective Taralea McLean Executive Director, Bridges Community Health Centre Mary-Beth Raddon Department Chair Sociology, Brock University Carla Stout General Manager, Niagara Transit Commission Ruth Unrau Host, Niagara Made, NewsTalk 610 CKTB Nadine Wallace Executive Director, Contact Niagara Page 255 of 326 Niagara Poverty Reduction Strategy 2024-20286 Why Niagara needs a strategy A strategy lays a foundation to build a community of best practice as it relates to how and when we interact and provide service. Recognizing that Niagara Region and many local providers already deliver services to lift people out of poverty, this strategy provides a way to identify best practice, uncover gaps and leverage local knowledge to inform future action. The strategy can play a significant role to inform where to best invest resources in areas such as housing, economic development, child care, transit and the Niagara Prosperity Initiative, to have the biggest impact on poverty reduction. Definition and impacts of poverty The Government of Canada’s first Poverty Reduction Strategy, released in 2018, describes poverty as “the condition of a person who is deprived of the resources, means, choices and power necessary to acquire and maintain a basic living standard needed to promote and facilitate integration and participation in society".1 Poverty is a complex issue with no single solution. We recognize that everyone experiences poverty differently. Each person’s story is unique and a result of multiple complex and interrelated causes. As described by Tamarack, a Canadian institute that supports strategies that enable people to learn with and from each other to solve major community challenges, “There are many interconnected reasons why people are poor. For practically every family, every problem magnifies the impact of the others, and all are so tightly interlocked that one reversal can produce a chain reaction with results far distant from the original cause. If problems are interlocking, then so must be solutions. A job alone is not enough. Medical insurance alone is not enough. Good housing alone is not enough. Reliable transportation, careful family budgeting, effective parenting, effective schooling, are not enough when each is achieved in isolation from the rest. There is no single variable that can be altered to help people move away from poverty. If problems are interlocking, then solutions must also be interlocking".2 Poverty is unique to each person, complex, with no singular solution, a human rights issue 1 Employment and Social Development Canada. (2018). Opportunity for All-Canada’s First Poverty Reduction Strategy, 7. 2 Loewen, G. (2009). Compendium of Poverty Reduction Strategies and Frameworks. Tamarack An Institute for Community Engagement, 9. Page 256 of 326 Working together to prevent and end poverty and increase well-being in Niagara 7 Community Input The complexity and interconnectedness of poverty was evident during engagement. When talking about the experience of living in poverty, Niagara residents used words such as depression, hopelessness and despair, and they linked poverty to negative outcomes such as gender-based violence, discrimination, homelessness, victimization and exploitation. Research reinforces the interconnectedness of poverty with many issues. For example, “reducing financial stress may decrease potential for relationship conflict and dissatisfaction, which are strong predictors of gender-based violence.3 Further, participants spoke to elements of social and spiritual poverty through stigma, social isolation and lack of purpose. Social poverty exists where people are isolated and lack the formal and informal supports necessary to be resilient in times of crisis and change. Spiritual poverty exists where people lack meaning and purpose in their lives.4 Poverty is a human rights issue. Human rights are the basic rights every person has, inherently and universally, to live with safety and dignity. Examples include the right to work, the right to adequate food and the right to housing. In October 2023, the Ontario Human Rights Commission released its Human Rights-Based Approach Framework.5 We will leverage this framework to bring a human rights approach to ensure an equitable, inclusive Niagara that provides enough for all. 3 Niolon, P. H., Kearns, M., Dills, J., Rambo, K., Irving, S., Armstead, T., & Gilbert, L. (2017). Preventing Intimate Partner Violence Across the Lifespan: A Technical Package of Programs, Policies, and Practices. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention. 4 Poverty Institute (n.d.). Poverty in Canada. povertyinstitute.ca/poverty-canada 5 Ontario Human Rights Commission. (2023). Human Rights-Based Approach Framework. Page 257 of 326 Niagara Poverty Reduction Strategy 2024-20288 Poverty in Niagara The Low-Income Measure After-Tax is an established measure of poverty in Canada. All persons in a household are considered to be living in poverty if their household income falls below half of median incomes of the same household size. To fully comprehend the state of poverty in Niagara, it is important to understand the impacts of the COVID-19 pandemic. In pre-pandemic statistics of 2016, Niagara had 14.5 per cent of people living in poverty (64,944 people). Numbers from Statistics Canada in 2021 indicate that Niagara had 10.4 per cent of people living in poverty (49,706 people). 6 The National Advisory Council on Poverty in their 2023 report, “Blueprint for Transformation”, indicated that the temporary increase in government transfers available during the pandemic influenced the 2021 poverty statistics. This growth in income protected people from falling into poverty and helped lift many people out of poverty. In Niagara, 15,238 people in Niagara temporarily moved out of poverty, a change of four per cent from 2016 to 2021. This information reconciles with what local service providers saw. For example, food banks reported a drop in visits during that time; however, since 2021, use of food banks has significantly increased from pre-pandemic visits. This suggests that income-based solutions are key to reducing poverty. As cautioned by the National Advisory Council on Poverty, the phasing out of the COVID-19 income supports alongside higher inflation and increasing cost of living mean that poverty rates have likely increased. It is important to keep this context in mind when comparing the poverty rate to earlier years. 6 Source. Statistics Canada, Census Profiles, 2016 and 2021 Census of Population. Low Income Measure After Tax (LIM-AT). Page 258 of 326 Working together to prevent and end poverty and increase well-being in Niagara 9 One Niagara Regional grant program that has a direct goal to alleviate and reduce poverty in Niagara, is the Niagara Prosperity Initiative. Since its inception in 2008, Regional Council approved $1.5 million annually to fund local projects. This funding resulted in work with over 90 organizations and over 400 innovative neighbourhood-based projects, impacting over 100,000 families and individuals living in poverty in Niagara. Recognizing local evidence that indicated that the pandemic had exacerbated and amplified many issues caused by poverty, the 2022 Niagara Prosperity Initiative targeted funding into six areas: • Indigenous well-being • Early child development • Housing and homelessness • Food security • Domestic violence • Living wage The Niagara Prosperity Initiative is one funding source that we can use to enhance actions identified in this strategy. Evaluation of outcomes of funded projects will inform future investments. Staff will align the Niagara Prosperity Initiative with the Poverty Reduction Strategy to distribute resources where they can have the greatest effect. Indigenous prosperity Prosperity for Indigenous peoples in the Niagara region will require a deep understanding of Indigenous history and culture to incorporate the mental, physical, spiritual and emotional well-being of the individual, family and both human and non-human communities simultaneously. Culturally safe environments for Indigenous peoples are needed to engage and build relationships with municipal governments. It is well established that existing systems perpetuate colonization and racism, and that many of them fail to support Indigenous peoples. It is important to understand the role that colonialism plays in poverty in Indigenous communities and its continued existence today.7 Niagara Region acknowledges that colonialism and past actions and inactions across all levels of government have created discriminatory policies and practices against Indigenous peoples. This has had direct, widespread and devastating effects on the health and well-being of First Nations, Métis and Inuit communities. We need to move beyond acknowledgement and take actions to change this. Municipal governments, as well as other levels of government in Canada, share responsibility and have a significant role to play in eradicating anti-Indigenous racism and discrimination and fostering equity and respect for all. 7 Employment and Social Development Canada. (2021). Understanding systems: The 2021 report of the National Advisory Council on Poverty. Page 259 of 326 Niagara Poverty Reduction Strategy 2024-202810 How we developed the strategy In October 2021, Niagara Region staff received Council approval to develop a Niagara Poverty Reduction Strategy and a new approach for Niagara Prosperity Initiative investments. The Niagara Prosperity Initiative is an annual investment by the Region towards poverty reduction. Development of a Niagara Poverty Reduction Strategy meets recommendations put forth in the Connecting the Pieces: An Evaluation of the Niagara Prosperity Initiative report by Brock University and the Niagara Community Safety and Well-Being Plan (niagararegion.ca/community-safety/plan.aspx) Stages of strategy development This strategy is driven by diverse perspectives and experiences. We heard from people who are disproportionately affected by poverty and typically underrepresented in research. Recommendations are supported by research. The community spoke. We listened. Together, we developed a strategy Niagara Regional Council approves development of a local poverty reduction strategy 1000+ residents give input about an ideal future state, challenges, strengths and actions 200+ Indigenous people give input about Indigenous prosperity Staff review research to identify best practices to address poverty Staff draft recommendations based on community input and best practices Staff engage with Local Area Municipalities 100+ content experts validate recommendations Niagara Region staff indicate alignment with other Niagara Region plans Steering Committee prioritize recommendations based on impact, effort and community support Council Strategic Priorities - Equitable Region Economic Development Strategy Children’s Services Service System Plan Consolidated Housing Master Plan Community Safety and Well-Being Plan Poverty Reduction Strategy Niagara Prosperity Initiative Transportation Master Plan Housing and Homelessness Action Plan Indigenous Action Plan Diversity, Equity and Inclusion Action Plan Page 260 of 326 Working together to prevent and end poverty and increase well-being in Niagara 11 Engaging community Residents who participated in Community Conversations envisioned an ideal future state, spoke to challenges, identified community strengths and recommended actions. For details about input provided by residents, read the Interim Report on Community Engagement. niagararegion.ca/community-safety/poverty-reduction-strategy/interim-report-community-engagement.aspx When asked about an ideal future state, the community envisioned: A Niagara that is… • Equitable and inclusive • Meeting all residents' basic needs • Supportive, accessible and allows people to live with dignity • Community-oriented • Safe • Prosperous • Healthy and well • A great place to raise a family The Niagara Regional Native Centre’s Director of Housing met with the Indigenous community in Niagara to discuss Indigenous Prosperity. Respondents emphasized the importance of: • Indigenous identity • Non-Indigenous relationships • Culture • Community development • Education • Equity • Self-determination • Health/well-being • Housing • Safety • Spirituality • Financial well-being Page 261 of 326 Niagara Poverty Reduction Strategy 2024-202812 Introduction to the strategy The goal of Niagara’s five-year Poverty Reduction Strategy is: Working together to prevent and end poverty and increase well-being in Niagara. This strategy reflects concerns, opportunities and actions identified by residents during a broad engagement process. The community identified eight Areas of Focus for the Niagara Poverty Reduction Strategy. Each Area of Focus includes one recommendation and a set of actions that address the issue of poverty within that area. In total, the community identified over 100 actions to reduce poverty. In the following pages, we list actions that: • Are supported by research • Consider impact, effort, and community support to make them happen • Align with Niagara Region Council priorities Page 262 of 326 Working together to prevent and end poverty and increase well-being in Niagara 13 Areas of focus Through community conversations, eight Areas of Focus emerged Indigenous well-being Indigenous community to develop a strategy for Indigenous specific poverty reduction initiatives. Housing Provide housing stability services for people living in poverty to maintain current housing, prevent eviction, improve social inclusion and access income through periods of financial instability. Income Increase opportunities for living wage employment in Niagara and advocate for adequate, livable rates from government income assistance programs. Employment Promote and develop decent work opportunities that provide fair wages, and benefits and fosters stable, consistent and safe employment. Food security Improve access to fresh, culturally appropriate, affordable and nutritious foods through income-based solutions to food insecurity. Early child development Improve access to affordable, high-quality child care for families living in poverty or at risk of poverty. Transportation Continue the work of Niagara Region Transit to achieve affordable and equitable access to services across municipalities. Mental health and addiction Enhance core service capacity and offer a choice of timely, early recovery interventions and treatments for people who are living in poverty or at risk of poverty. Page 263 of 326 Niagara Poverty Reduction Strategy 2024-202814 Indigenous well-being Most Indigenous people who responded to a survey that asked, “what do you believe is Indigenous Prosperity?” identified that community development, Indigenous identity, culture and self-determination were essential components of prosperity. Respondents talked about the need to improve on services that impact the education, health, housing, income and safety of Indigenous peoples. Not only are more services needed, but we also need to address how we deliver these services. Mainstream services need to be respectful of Indigenous cultural practices and social values of the Indigenous community. The Indigenous community has called upon the Niagara Region to adopt a bottom-up approach to addressing Indigenous well-being. Indigenous peoples have the right to “pursue their economic, social and cultural development”, and so must be able to determine their own futures and develop poverty reduction strategies that meet their specific needs and priorities, enabling them to pursue their own economic development opportunities and carve their own path towards greater independence and self-sufficiency. Recommendation Indigenous community to develop a strategy for Indigenous specific poverty reduction initiatives. Action • Work in partnership with Indigenous community leaders to develop a strategy driven by a community process Page 264 of 326 Working together to prevent and end poverty and increase well-being in Niagara 15 Housing Residents named housing and homelessness as one of the biggest and most visible poverty-related challenges for Niagara. They expressed concern with the lack of available housing, affordability, accessibility and quality of housing in Niagara. This is especially true for those living on a fixed income. Recommendation Provide housing stability services for people living in poverty to maintain their current housing, prevent eviction, improve social inclusion and access income through periods of financial instability. Action • Improve relationships between tenants and property owners to reduce evictions • Expand the use of quick reconnects of financial and other supports for people who have previously been homeless • Increase legal supports for people in low-income households • Increase early identification of housing related risk • Address needs of those escaping gender-based violence Implementation of this recommendation will align with Niagara Region’s Housing Master Plan and with the Housing and Homelessness Action Plan which uses best practice approaches, including Housing First8 and Built for Zero9 as a foundation. 8 Supportive Housing Programs. (n.d.). Niagara Region. niagararegion.ca/housing-homelessness/supportive-housing-programs.aspx 9 Canadian Alliance to End Homelessness. (n.d.). Built for Zero Canada. bfzcanada.ca/ Page 265 of 326 Niagara Poverty Reduction Strategy 2024-202816 Income Residents pointed to income as the primary determinant of poverty. They identified two points of focus that affect income, availability of a living wage and adequacy of social assistance. A living wage is the hourly wage a worker needs to earn to cover their basic expenses and participate in their community. Employees that earn a living wage can face fewer stressors and employers that pay a living wage can be confident they are not keeping their employees in poverty. The rising unaffordability of the basics such as housing, food and transportation are additional barriers. Unfortunately, the gap between income and the rising cost of living has continued to grow. Residents noted that the face of poverty has not changed, just expanded to include more people who used to be “middle-income.” Recommendation Increase opportunities for living wage employment in Niagara and advocate for adequate, liveable rates from government income assistance programs. Action • Increase awareness, support for and adoption of living wage in Niagara as a poverty reduction effort • Advocate to federal and provincial governments to: • Develop and implement a Universal Basic Income • Increase government programs that provide income and benefits (e.g., Ontario Works, Ontario Disability Support Program, Canadian Pension Plan, Old Age Security) • Improve access and eligibility for people living in poverty to access health benefits such as dental services, drug benefits and eyeglasses Page 266 of 326 Working together to prevent and end poverty and increase well-being in Niagara 17 Employment Residents noted a disconnect between existing skill sets and job requirements in Niagara. Others noted that the quality of employment in Niagara is lacking. For people with disabilities, options are not always accommodating. A larger topic of conversation focused on racism and implicit bias that exists in hiring practices in Niagara. Recommendation Promote and develop decent10 work opportunities that provide fair wages and benefits and foster stable, consistent and safe employment. Action • Increase vocation training for those living in poverty, so that they qualify for stable employment opportunities relevant to local industries • Increase internships and apprenticeship opportunities for foreign trained newcomers to be able to work while obtaining Canadian credentials • Explore a social procurement policy for Niagara Region that increases opportunities for small businesses and equity seeking groups Implementation of this recommendation will align with Niagara Region’s Economic Development Strategy. Regional staff in Economic Development foster regional growth by attracting and facilitating investment. They promote Niagara globally and support new and existing businesses to create and expand decent jobs. This work supports poverty reduction by facilitating an environment conducive to new job creation, investment and economic opportunities. New investments result in incremental improvements to the economy, new jobs for residents and additional tax revenue. 10 Decent work involves employment that is productive and delivers a fair income. It also should ensure workplace security, social protection, better prospects for personal development and social integration.” Source: United Nations Department of Economic and Social Affairs, Division for Sustainable Development Goals. sdgs.un.org/goals/goal8 Page 267 of 326 Niagara Poverty Reduction Strategy 2024-202818 Food security Residents indicated that the primary problem with food security in Niagara is income and affordability. With the cost of living exponentially increasing and incomes largely staying the same, an increasing number of residents are having to choose between paying their bills or purchasing groceries. Recommendation Improve access to fresh, culturally appropriate, affordable and nutritious foods through income-based solutions to food insecurity. Action • Advocate to federal and provincial governments to implement evidence-based policy solutions to reduce food insecurity • Pilot interventions that reduce barriers to food access in identified priority neighbourhoods • Continue to monitor and report the prevalence and severity of food insecurity and effective interventions to build awareness and knowledge about the problem and support for actions To better understand the issues of food security, Niagara Region Public Health is mapping the food environment to determine locations of food deserts11. This work can inform service, planning and decision making. 11 Food deserts are geographic areas that have limited access to healthy food. In some neighbourhoods, lack of economic resources and transportation can cause geographical barriers to access affordable healthy food. In these cases, residents may be dependent on convenience stores and fast-food restaurants resulting in lower quality of diets. This may be especially true for individuals living in rural areas.” Source: National Collaborating Centre for Environmental Health. (2017). Food Deserts and Food Swamps: A Primer. Page 268 of 326 Working together to prevent and end poverty and increase well-being in Niagara 19 Early child development Residents identified the need to address intergenerational poverty and to focus prevention efforts at childhood. Service providers noted that Niagara’s children are vulnerable in many domains of childhood development, and this is often tied to socioeconomic status. Parents expressed how impossible it feels to keep up with the cost of raising children. Not just parents, but grandparents as well who are in custody of their grandchildren and parenting again. A major issue residents identified was the cost and availability of licensed child care in Niagara. Recommendation Improve access to affordable, high-quality child care for families living in poverty or at risk of poverty. Action • Continue to implement the Canada Wide Early Learning and Child Care program in Niagara, including a reduction to the cost of child care to an average of $10/day by 2026 • Continue to develop and implement an Early Childhood Educator workforce strategy in Children’s Services to expand the system and increase child care spaces. Implementation of this recommendation will align with Children’s Services Service System Plan. Page 269 of 326 Niagara Poverty Reduction Strategy 2024-202820 Transportation Residents indicated that transportation is a significant poverty-related pressure point in the region. They noted that cost, timing and coverage of transit create barriers to use. Residents from rural communities expressed frustration over the difficulty and time commitment to travel to other municipalities and barriers to using NRT On-Demand Transit. These barriers can impact employment; residents indicated that some employers in Niagara will not hire people who take public transit, because it is unreliable. Overall, residents emphasized the importance of equitable transportation to access resources and social connectors. Recommendation Continue the work of Niagara Region Transit to achieve affordable and equitable access to services across municipalities. Action • Provide concession fare products for people who are living in poverty • Improve access to transit and active transportation • Increase hours of service, smoothing out evening, weekend and holiday hours across all levels of transportation services Page 270 of 326 Working together to prevent and end poverty and increase well-being in Niagara 21 Mental health and addiction Links between mental health concerns and substance use and abuse concerns are generally complex. For example, although people with mental illness have a higher likelihood of also having an addiction12, not all people with a mental illness have a co-occurring addiction. Residents frequently discussed the impact of living in poverty while dealing with mental health and addiction challenges. The stress of not having enough money, being in a constant state of survival and hopelessness about living in poverty, can lead to anxiety, depression and thoughts of suicide. Service providers and people with lived expertise indicated that the situation is worse than it has been in a long time, and residents have lost hope that it will improve any time soon. To address the effects of poverty, residents and service providers emphasized the need for mental health and addiction treatment supports within a better coordinated system of care. These supports need to address social determinants of health that are the root causes and stressors for people living in poverty or at risk of poverty such as housing, transportation and income. Recommendation Enhance core service capacity and offer a choice of timely, early recovery interventions and treatments for people who are living in poverty or at risk of poverty. Action • Address gaps and streamline local mental health and addiction services • Continue to promote wellness and safety of people experiencing problems with substance use and addiction 12 CAMH. (2023). Mental Illness and Addiction: Facts and Statistics. camh.ca/en/driving-change/the-crisis-is-real/mental-health-statistics Page 271 of 326 Niagara Poverty Reduction Strategy 2024-202822 How to create change During engagement, residents identified essential conditions needed to end and prevent poverty in Niagara. These conditions for change affect how we incorporate actions in the Poverty Reduction Strategy’s recommendations throughout the Areas of Focus: Service access, coordination and capacity Diversity, equity and inclusion Leveraging voices of lived expertise Changing mindsets Advocacy Funding Indigenous well-being Housing Income Employment Food security Early child development Transportation Mental health and addiction Page 272 of 326 Working together to prevent and end poverty and increase well-being in Niagara 23 Service access, coordination and capacity A person’s ability to access services can impact their experience of poverty. A more coordinated and integrated network of health, justice and government funded social services would make it easier for people to navigate services they need to move out of poverty. In addition, those services need capacity, with funding, staffing and resources, to meet the needs of people seeking support. Organizations, institutions and governments can improve ease of system navigation and access by increasing opportunities for people to access multiple services at the same time and location e.g., polyclinics or community hubs using mobile services as needed. Other areas where this condition of change can enhance service is in: • Strengthening supports for those escaping gender-based violence • Strengthening transition supports such as discharge planning for people leaving hospitals and the justice system • Building capacity to identify children at risk of poverty or living in poverty and strengthening referral pathways for families to a network of services such as income, housing, parenting and mental health supports Diversity, equity and inclusion Residents noted that attention to diversity, equity and inclusion in Niagara is important and needs to continue. The intersections of identity, such as age, culture, gender, race, ability and other social aspects, shape how people experience poverty. Addressing poverty must consider diverse experiences of poverty. Public and private sectors can integrate diversity, equity and inclusion into program design and delivery as it relates to ending and preventing poverty. This can include increasing learning opportunities for staff, elected officials, agencies and community members to make services more equitable. Page 273 of 326 Niagara Poverty Reduction Strategy 2024-202824 Leveraging voices of lived expertise Lived expertise refers to “personal knowledge about the world gained through direct, first-hand involvement in everyday events rather than through representations constructed by other people".13 It includes “the experiences of people on whom a social issue or combination of issues has had a direct impact".14 Creating opportunities for people with lived expertise to provide input in policy development, planning and decision-making is crucial to addressing poverty. This can include expanding opportunities to integrate peer support models into existing community work. Changing mindsets Residents identified stigma as one of the most significant poverty-related issues in Niagara. The stigma of poverty can have a profound impact on a person’s sense of self and self-worth. Stigma is not only a result of living in poverty but can also perpetuate poverty by impacting a person’s mental well-being, ability to access services, relate to others, maintain housing or keep employment. Poverty is a socially isolating experience that can significantly impact a person’s well-being. Not only is social isolation a result of living in poverty, but a lack of social connection can mean that people do not have support in times of crisis. Staff heard that people living in poverty feel alone and lack connection to their community. The intent of changing mindsets is to bring people together to better understand the experience of poverty and the role they can play to help lift people out of poverty. Poverty is discriminatory in nature. Addressing false belief systems that feed into negative stereotypes is an important predictor of successful poverty reduction efforts. Changing mindsets that feed into the stigmatization of people living in poverty can decrease discrimination and allow for better community connections, thereby reducing isolation and loneliness. 13 Chandler, D., & Munday, R. (2016). Oxford: A dictionary of media and communication (2nd ed.). New York, NY: Oxford University Press. 14 Sandu, B. (2017). The value of lived experience in social change: The need for leadership and organisational development in the social sector. Retrieved from thelivedexperience.org/report/ Page 274 of 326 Working together to prevent and end poverty and increase well-being in Niagara 25 Advocacy Residents emphasized the need for income-based solutions to poverty. They highlighted the importance of using a human right’s lens when speaking about and advocating for poverty-related issues. The strategy calls for advocacy to federal and provincial governments for improvements to income, employment and food security such as: • Implementing a Universal Basic Income • Increasing social assistance rates and benefits • Increasing minimum wage to a living wage • Making accreditation processes easier and more affordable to help newcomers with employment • Implementing evidence-based policy solutions to reduce food insecurity Funding Adequate funding for outcome focused programs based on best practice is a critical component of any poverty reduction strategy. Addressing funding gaps and methods of funding applies to all levels of government and all funding bodies. Brock University’s report “Connecting the Pieces; An Evaluation of the Niagara Prosperity Initiative and Call for a Broader Poverty Reduction Strategy for Niagara” recommended: • Increased funding investments in poverty reduction • Longer funding terms for programs to help address the "unpredictability and fragmentary nature of services provided through time-limited contracts"15 Service providers noted the importance of collaborative funding opportunities and the need to break down competition among agencies. 15 Raddon. MB, Soron, D & Petrina S. (2021). Connecting the Pieces: An Evaluation of the Niagara Prosperity Initiative and Call for a Broader Poverty Reduction Strategy for Niagara. Report prepared for Niagara Region. Brock University, St. Catharines, Ontario. brocku.ca/npi-evaluation Page 275 of 326 Niagara Poverty Reduction Strategy 2024-202826 Moving forward Strategy in motion During implementation, Niagara Region staff and members of the Poverty Reduction Steering Committee will invite interested and affected parties, such as United Way, Niagara Community Foundation and Ontario Trillium Foundation, to identify their role in helping to end poverty. Other interested and affected parties who are critical to successful implementation of this strategy include people with lived expertise, Indigenous peoples, and other residents, along with representatives from government, funders, businesses, health and educational institutions, non-profit organizations, service clubs and associations. It is our hope that readers of this document will find inspiration to further align their work with actions identified in this strategy. Using Collective Impact, an approach used around the world to address complex issues such as poverty,16 we will explore with community champions ways to best implement actions listed in this report along with other actions that emerged during community engagement. 16 Tamarack Institute. (2019). Collective Impact in Practice. www.tamarackcommunity.ca/library/tool-collective-impact-in-practice Page 276 of 326 Working together to prevent and end poverty and increase well-being in Niagara 27 Working together to decrease the number of people living in poverty, including those who are working but still struggle financially. Working together to increase local capacity to implement community work, policies and practices. Equals an Equitable Region that ends poverty by responding to community needs. Measuring change How we will measure impact on poverty Featured below are outcomes we can use to identify long-term success. We selected these indicators based on a scan of what other communities are using, reputability of the sources, availability of data for Niagara and the power of these indicators to tell the story of change. Decrease the number and percentage of people who: • Live in poverty • Work but still live in poverty • Experience homelessness • Live in food insecure households • Experience financial concerns as a primary stressor Page 277 of 326 Niagara Poverty Reduction Strategy 2024-202828 How we will measure benefits of working together In addition to reducing poverty, we expect that by working together in different ways, we can increase: • Local capacity to implement community work, policies and practices • Public support to end poverty We will bring implementation champions together to determine methods such as facilitated conversation and client feedback to capture these benefits and better understand the impact of our collective work. How we will create our evaluation plan We recognize that poverty is a complex experience, making it difficult to determine success. We will capture qualitative and quantitative measures during implementation to help tell the story of change in our community. We will create a theory of change to further articulate how and why we expect change will happen to increase well-being in Niagara. How to get involved Moving this strategy forward will involve many interested and affected parties. We invite YOU to join us on this journey and share your commitment to change. To learn more about how you can get involved or lend you skills, email endpoverty@niagararegion.ca or visit niagararegion.ca/community-safety/poverty-reduction-strategy/default.aspx Together, we can end poverty in Niagara. Page 278 of 326 Working together to prevent and end poverty and increase well-being in Niagara 29 Resources consulted This is a partial list of resources staff reviewed to inform recommendations. These resources complimented the direction staff received from residents on how to best address poverty in Niagara. Poverty Reduction Canadian Poverty Institute (n.d.). Poverty in Canada. povertyinstitute.ca/poverty-canada Employment and Social Development Canada. (2018). Opportunity for All-Canada’s First Poverty Reduction Strategy. National Advisory Council on Poverty. (2023) Blueprint for Transformation. Government of Canada. Ontario Campaign 2000. (2020). Child Poverty Rates in Ontario. Raddon. MB, Soron, D & Petrina S. (2021). Connecting the Pieces: An Evaluation of the Niagara Prosperity Initiative and Call for a Broader Poverty Reduction Strategy for Niagara. Report prepared for Niagara Region. Brock University, St. Catharines, Ontario. brocku.ca/npi-evaluation Vibrant Communities. (2022). The End of Poverty: Eight Pathways That Are Ending Poverty in Canada. Tamarack Institute. tamarackcommunity.ca/guides/the-end-of-poverty-eight-pathways-that-are-ending-poverty-in-canada Service Access, Coordination and Capacity Centers for Disease Control and Prevention. (2019). Preventing Adverse Childhood Child and Parent Resource Institute. (n.d.). Trauma-informed care. ontario.ca/page/trauma-informed-care-child-and-parent-resource-institute Experiences: Leveraging the Best Available Evidence. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention. stacks.cdc.gov/view/cdc/82316/cdc_82316_DS1.pdf Niolon, P. H., Kearns, M., Dills, J., Rambo, K., Irving, S., Armstead, T., & Gilbert, L. (2017). Preventing Intimate Partner Violence Across the Lifespan: A Technical Package of Programs, Policies, and Practices. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention. University of Alberta Centre for Healthy Communities, & Alberta Health Services. (2019). Building Financial Well-Being: A Community Planning Toolkit. Page 279 of 326 Niagara Poverty Reduction Strategy 2024-202830 Diversity Equity and Inclusion Employment and Social Development Canada. (2021). Understanding Systems: The 2021 report of the National Advisory Council on Poverty. Government of Canada. canada.ca/en/employment-social-development/programs/poverty-reduction/national-advisory-council/ reports/2021-annual.html Lived Expertise Homer, A. (2019). 10 Engaging People with Lived/Living Expertise: A guide for Including People in Poverty Reduction. Tamarack Institute. Sandu, B. (2017). The value of lived experience in social change: The need for leadership and organisational development in the social sector. thelivedexperience.org/report/ Changing Mindsets Alliance for Healthier Communities. (2020). Rx Community - Social Prescribing in Ontario Final Report. allianceon.org/Rx-Community-Social-Prescribing-In-Ontario World Health Organization. (2022). A toolkit on how to implement social prescribing. Indigenous Well-being Niagara Chapter – Native Women Inc. (2021). Mno Bmaadziwin: Living the Good and Healthy Life. niagararegion.ca/community-safety/pdf/mno-bmaadziwin.pdf National Collaborating Centre for Indigenous Health. (2020). Poverty as a Social Determinant of First Nations, Inuit and Metis Health. Housing Canadian Alliance to End Homelessness. (n.d.). Built for Zero Canada. bfzcanada.ca/ The Homeless Hub. (n.d.). Housing First. Canadian Observatory on Homelessness. homelesshub.ca/solutions/housing-accommodation-and-supports/housing-first Page 280 of 326 Working together to prevent and end poverty and increase well-being in Niagara 31 Income Cross, P. (2021). The Minimum Wage, Lost Jobs, and Poverty in Canada. Fraser Institute. Lee, C. R., & Briggs, A. (2019). The Cost of Poverty in Ontario: 10 Years Later. Feed Ontario. Ontario Living Wage Network. (n.d.). What is a living wage? ontariolivingwage.ca/about Employment Block, S., Galabuzi, G.-E., & Tranjan, R. (2019). Canada’s Colour Coded Income Inequality. Canadian Centre for Policy Alternatives Ontario. policyalternatives.ca/sites/default/files/uploads/publications/National%20Office/2019/12/Canada's%20 Colour%20Coded%20Income%20Inequality.pdf Centers for Disease Control and Prevention. (2019). Preventing Adverse Childhood Experiences: Leveraging the Best Available Evidence. Atlanta, GA: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention. stacks.cdc.gov/view/cdc/82316/cdc_82316_DS1.pdf National Collaborating Centre for Determinants of Health. (2022). Determining Health: Decent work issue brief. Antigonish (NS): NCCDH, St. Francis Xavier University. nccdh.ca/resources/entry/determining-health-decent-work-issue-brief Olsen, D., & MacLaughlin, J. (2020). When Training Works: Promising workforce development practices. Metcalf Foundation. metcalffoundation.com/wp-content/uploads/2020/09/When-Training-Works.pdf Stapleton, J., & Yuan, Y. (2021). Ending Working Poverty: How to get it Done. Tamarack An Institute for Community Engagement. tamarackcommunity.ca/reports/ending-working-poverty-in-canada-how-to-get-it-done The Conference Board of Canada. (2023). Opportunity for All: Improving Workplace Experiences and Career Outcomes for Canadians with Disabilities. conferenceboard.ca/product/opportunity-for-all_2023/ University of Alberta Centre for Healthy Communities, & Alberta Health Services. (2019). Building Financial Well-Being: A Community Planning Toolkit. Page 281 of 326 Niagara Poverty Reduction Strategy 2024-202832 Food Security Feed Ontario. (2022). Hunger Report 2022: The Deepening Cracks in Ontario’s Economic Foundation. Ontario Dietitians in Public Health. (2020). Position Statement and Recommendations on Responses to Food Insecurity: Executive Summary. National Collaborating Centre for Environmental Health. (2017). Food Deserts and Food Swamps: A Primer. PROOF Food Insecurity Policy Research. (2022). Food Security: A problem of inadequate income, not solved by food. Early Child Development Robinson, R., Tranjan, R., & Oliveira, T. (2021). Poverty in the Midst of Plenty: A report card on child and family poverty in Ontario. Canadian Centre for Policy Alternatives Ontario Office. Workforce Collective. (2022). Childcare workforce in crisis: Our economy won’t work without ELCC workers. workforcecollective.ca/childcare-workforce-in-crisis-our-economy-wont-work-without-elcc-workers/ Transportation Pei, N. (2023). Innovative Rural Transportation Strategies Aid in Poverty Reduction. Tamarack Institute. tamarackcommunity.ca/latest/innovative-rural-transportation-strategies-aid-in-poverty-reduction University of Alberta Centre for Healthy Communities, & Alberta Health Services. (2019). Building Financial Well-Being: A Community Planning Toolkit. Mental Health and Addiction Association of Municipalities Ontario. (2022). An Integrated Approach to Mental Health and Addictions: AMO’s Submission to the Ministry of Health. amo.on.ca/sites/default/files/assets/DOCUMENTS/Reports/2022/Integrated_Approach_to%20Mental_Health_ and_Addictions_20220802_RPT.pdf CAMH. (2023). Mental Illness and Addiction: Facts and Statistics. camh.ca/en/driving-change/the-crisis-is-real/mental-health-statistics Page 282 of 326 Working together to prevent and end poverty and increase well-being in Niagara 33 Appendix A: Locations of community engagement Thank you to community organizations for hosting community conversations Ailanthus CASTLE Community Adverse Childhood Experiences Steering Committee Bethesda Clients Children’s Services Sector Network Coalition to End Violence Against Women Elmview CASTLE Community Employment-Focused Roundtable through Workforce Collective Future Back Female Housing and Homelessness Action Plan Prevention Group, Lived Experience Advisory and Taskforce Human Service and Justice Coordinating Committee Lived Experience Advisory Network Local Immigrant Partnership Mental Health and Addictions Working Group Newcomers through Social Assistance and Employment Opportunities Niagara Children’s Planning Council Niagara Emergency Medical Services Huddle Niagara Food Security Network Niagara Francophone Interagency Table Niagara Ontario Health Team Niagara Poverty Reduction Network Niagara Region Mental Health Client Advisory Committee Niagara Suicide Prevention Coalition Overdose Prevention and Education Network of Niagara Project Share Clients Port Cares Clients Queenston Neighbourhood Roundtable St. Catharines Accessibility Advisory Committee Stronger Fort Erie Neighbourhoods: Lived Experience and Service Providers Westview Centre 4 Women Clients Youth Advisory Committee through Niagara Region Public Health Youth Advisory Committee and Lead through the Youth Wellness Hub Page 283 of 326 Niagara Poverty Reduction Strategy 2024-202834 Appendix B: Alignment to Regional reports The Niagara Poverty Reduction Strategy aligns with Niagara Region’s: Children’s Services Service System Plan Staff from Children’s Services informed the Poverty Reduction Strategy to align with local efforts that address child care service system management. niagararegion.ca/living/childcare/default.aspx Community Safety and Well-Being Plan Action Five of this plan calls for a local Poverty Reduction Strategy which sets local targets and aligns investments to measurably reduce poverty. The Poverty Reduction Strategy aligns with work identified in the Community Safety and Well-Being Plan such as Situation Tables, gender-based violence, mental health and addiction, housing and homelessness, income and systemic discrimination in Niagara. niagararegion.ca/community-safety/plan.aspx Consolidated Housing Master Plan The affordable housing strategy brings together the work of many partners to address local need for affordable housing. Affordable housing is housing that fits the budget of low to moderate-income households while leaving enough money for them to meet other basic living costs such as food, clothing, transportation, medical care and education. The plan includes work to increase the number of affordable housing units and provide a mix of housing that is appropriate for the various sizes and incomes of households in Niagara. niagararegion.ca/growing-better-together/growing-housing.aspx Council Strategic Priority: Equitable Region An action of this priority calls for a Poverty Reduction Strategy that ensures the Region is inclusive, welcoming and free of discrimination. niagararegion.ca/priorities/default.aspx Diversity, Equity, and Inclusion Action Plan Staff from Niagara Region’s, Diversity, Equity, Inclusion, and Indigenous Relations team informed actions throughout the Areas of Focus in the Poverty Reduction Strategy. niagararegion.ca/about/inclusive-communities/diversity-equity-inclusion.aspx Page 284 of 326 Working together to prevent and end poverty and increase well-being in Niagara 35 Economic Development Strategy Staff from Niagara’s Economic Development team informed the recommendation related to Employment to align with opportunities for future workforce around emerging sectors. niagaracanada.com/about-us/economic-development-strategy/ Gun and Gang Prevention Strategy The Poverty Reduction Strategy aligns with the work of the Gun and Gang Prevention Strategy to support an increase in youth and young adult-focused prevention and early intervention programs and services. niagararegion.ca/community-safety/pdf/gun-and-gang-prevention-strategy.pdf Housing and Homelessness Action Plan The Poverty Reduction Strategy aligns with the Housing and Homelessness Action Plan’s action to increase affordable housing and reduce homelessness. The Poverty Reduction Advisor and Homelessness Action Plan Advisor worked closely together to exchange research and results from community engagement. niagararegion.ca/housing-homelessness/action-plan/default.aspx How We Go – Transportation Master Plan The Poverty Reduction strategy aligns with the Transportation Master Plan’s action to address demand-responsive transit and pedestrian and cycling facilities. niagararegion.ca/2041/transportation-master-plan/default.aspx Indigenous Relations Action Plan The Poverty Reduction Plan includes a recommendation for Indigenous Well-being. Staff from Niagara’s Region’s, Diversity, Equity, Inclusion and Indigenous Relations team and the Director of Housing from the Niagara Regional Native Centre led work to identify actions that address Indigenous Well-being. This action is driven by the voices of Indigenous peoples as led by the Director of Housing, Niagara Regional Native Centre. It is informed by The Joint Roundtable which continues to work on the Indigenous Relations Action Plan based on recommendations from the 2021 report, Mno Bmaadziwin: Living the Good and Healthy Life. niagararegion.ca/about/inclusive-communities/indigenous-engagement.aspx Page 285 of 326 Niagara Poverty Reduction Strategy Niagara Region Community Services 1815 Sir Isaac Brock Way Thorold ON, L2V 4T7 905-980-6000 | 1-800-263-7215 endpoverty@niagararegion.ca Citation: Niagara Region Community Services (2024). Niagara Region Poverty Reduction Strategy 2024–2028. Thorold, Ontario. niagararegion.ca/community-safety/poverty-reduction-strategy/default.aspx Page 286 of 326 The Corporation of the Township of Otonabee-South Monaghan Email: info@osmtownship.ca Telephone: 705.295.6852 Facsimile 705.295.6405 P.O. Box 70 20 Third St Keene, ON K0L 2G0 Visit our website at www.osmtownship.ca or follow us on Twitter @OSMTownship June 28, 2024 Via Email: david.piccinico@pc.ola.org Hon. David Piccini M.P.P. Minister of Labour, Immigration, Training and Skills Development 117 Peter Street Port Hope, ON L1A 1C5 Dear Minister Piccini: Re: Regulations for the Importation and Safe Use of Lithium-ion Batteries I am writing today to bring to your attention a matter of significant importance to the Township of Otonabee-South Monaghan, regarding the importation and safe use of lithium-ion batteries. At the June 17, 2024 Council Meeting the Fire Chief of the Township of Otonabee-South Monaghan made a presentation to Council on the dangers presented by lithium-ion batteries. The Fire Chief was reporting back from attending the Charged For Life Symposium presented by the Office of the Fire Marshal. During the presentation, the Fire Chief stressed that the increased importation and use of non-Original Equipment Manufacturer (OEM) aftermarket batteries is presenting a significant increase in fire and explosion, putting citizens and responding personnel in danger. These after market batteries are not Underwriter Laboratories of Canada (ULC) certified but can be imported into Canada without any associated regulations. Unlicensed persons and locations can store and modify lithium-ion batteries in our communities without regulations, providing dangerous conditions within a community. Charging these batteries within the home or multi-unit dwellings can result in larger fires with grave results. Page 287 of 326 As Canada becomes more aware of Green Energy solutions, these batteries are used more often, increasing the danger to our communities. We support the Ontario Fire Marshal’s program to educate citizens on the danger associated with lithium-ion batteries and encourage every municipality to actively promote safe practices for the use of lithium-ion batteries. We also call upon all levels of government to enact regulations for the importation, sale, storage, and use of non-OEM or ULC certified lithium-ion batteries. Thank you in advance for your attention to this very critical issue, and I look forward to your prompt consideration and support. Please do not hesitate to contact me or our Fire Chief if you require any additional information. Yours truly, Township of Otonabee-South Monaghan Joe Taylor, Mayor Cc: MP, Philip Lawrence All Ontario Municipalities Page 288 of 326 T: 705-752-2740 E: municipality@eastferris.ca 25 Taillefer Road, Corbeil, ON. P0H 1K0 eastferris.ca REGULAR COUNCIL MEETING HELD July 9th , 2024 2024-153 Moved by Councillor Kelly Seconded by Councillor Trahan THAT Council for the Municipality of East Ferris supports the letter received from the Township of Otanabee-South Monaghan regarding calling upon all levels of government to enact regulations for the importation, sale, storage, and use of non-OEM or ULC certified lithium-ion batteries; AND THAT this resolution be sent to MP Anthony Rota and all Ontario municipalities. Carried Mayor Rochefort CERTIFIED to be a true copy of Resolution No. 2024-153 passed by the Council of the Municipality of East Ferris on the 9th day of July, 2024. Kari Hanselman, Dipl. M.A. Clerk Page 289 of 326 1 Michael Stewart Subject:FW: Notice of Motion for July 16, 2024 From: Lori Lococo <llococo@niagarafalls.ca> Sent: Sunday, July 14, 2024 12:49 PM To: Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Cc: Lori Lococo <llococo@niagarafalls.ca>; Kira Dolch <kdolch@niagarafalls.ca> Subject: Notice of Motion for July 16, 2024 Infill developments are an effective way to reduce urban sprawl and use existing infrastructure and amenities. There are also disruptions and inconveniences to surrounding neighbours. Some of the issues and concerns are: - drainage issues to neighbouring properties during/after construction of an infill property. This occurs when the new property is higher than the existing properties and drainage is now flowing into neighbouring properties - constant mud and dust in/outside of neighbouring homes/vehicles and on the road - the proximity of the infill development with construction equipment maneuvering on the site - neighbouring curbs and grass being dug up for utilities - damage to neighbouring properties - construction fences falling down and creating safety issues - construction sites not being secured when workers are not there, creating a safety issues - large trees on property lines or neighbouring properties being cut down to accommodate the infill development - taller units being built with windows looking into neighbouring houses and yards. This creates privacy issues. - worker's vehicles parked on the street, blocking access in and out of neighbouring driveways. Sometimes the vehicles are parked in ‘no parking’ zones. This can create issues with emergency vehicles not being able to pass. - loud beeping of reversing vehicles in the early morning or late evening hours - constant noise throughout the day - aggressive workers Page 290 of 326 2 - vibrations shaking the house Toronto has a Good Neighbour Guide for Residential Infill Construction. Edmonton has reviewed the fine structure, prohibits excavation within certain proximity and offers pre-construction surveys. Be it resolved that: The City of Niagara Falls investigate ways to mitigate the issues above. This could include but not limited to, speaking with the Builders Association, reviewing other municipalities guidelines/policies, reviewing the Building Code and legal implications, reviewing resolution and enforcement processes, improved communication with neighbours, etc. Lori Lococo Niagara Falls City Council Home: 905 357 5902 Cell: 905 931 6370 Page 291 of 326 1 Michael Stewart Subject:FW: Notice of Motion for July 16, 2024 From: Lori Lococo <llococo@niagarafalls.ca> Sent: Monday, July 15, 2024 10:36 AM To: Bill Matson <billmatson@niagarafalls.ca>; Heather Ruzylo <hruzylo@niagarafalls.ca> Cc: Lori Lococo <llococo@niagarafalls.ca> Subject: Notice of Motion for July 16, 2024 NOTICE OF MOTION: It has been stated that University of Niagara Falls will have 2,000 students enrolled in September of 2024. Foreign students who are enrolled in Masters programs, are also permitted to bring their spouse and dependents to Canada. In January 2024, the Provincial government stated that colleges and universities will be required to guarantee housing for incoming international students. Housing and additional resources will be required for 2,000 students plus any family members that have moved to Canada. Be it resolved that the City of Niagara Falls contact: - The University of Niagara Falls: o to inquire about the 2,000 plus accommodations that are required for September. What are the numbers of accommodations that have been successfully secured and what are the numbers that have not been secured? What is the timeline to build new accommodations? o Is there a student and family program to assist with food security? Will they assist food security agencies to provide resources to their students and their families? - Project Share, The Soup Kitchen, Salvation Army and The Third Space Café regarding the food resources that may be required to assist foreign students and their families. - Both school boards in Niagara Falls regarding numbers of children of foreign students that will be enrolled and how they can be accommodated. Page 292 of 326 2 - Minister Syliva Jones regarding health care requirements in Niagara Falls for 2,000 plus students and their families. - Minister Jill Dunlop and Minister Marc Miller regarding the requirements of universities to provide accommodations for foreign students and their families. Lori Lococo Niagara Falls City Councillor Home: 905 357 5902 Cell: 905 931 6370 Page 293 of 326 CITY OF NIAGARA FALLS By-law No. 2024 - 069 A by-law to amend By-law No. 2007-41 being a by-law to regulate maintaining of land in a clean and clear condition. WHEREAS Pursuant to Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended (“Municipal Act 2001”) the Corporation of the City of Niagara Falls has the capacity, rights, powers and privileges of a natural purpose for the purpose of exercising its authority; AND WHERAS pursuant to Section 128 of the Municipal Act, 2001, the Corporation may prohibit and regulate with respect to public nuisances, including matters which in the opinion of its Council are or could become or cause public nuisance; AND WHERAS weeds may result in allergic reactions to health problems for individuals, can disrupt ecological systems and have an impact on health, safety and well-being of inhabitants and the natural environment; AND WHERAS tall Grass and weeds may pose a risk to fire safety, may impair visual sight lines, may create habitats for mosquitos, rodents or other insects and animals that contribute to neighbourhood blight. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. (l) to be added to Section 1 as contained in by-law No. 2007-41, to include a definition of “Grass and Weeds” means: all forms of grass, and all noxious weeds and local weeds designated under the Weed Control Act, R.S.O., c. W.5. 2. Section 8 of by-law No. 2007-41 is amended to read, “Every Owner, lessee or occupant of land shall ensure that the grass and weeds on that land is less than 20 cm in length”. Read a first, second, third time and passed. Signed and sealed in open Council this day of , 2024. ............................................................. ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 294 of 326 Page 295 of 326 CITY OF NIAGARA FALLS By-law No. 2024-070 A by-law to authorize the execution of an Agreement with The Association of Municipalities of Ontario (AMO) in order to participate in the renewed 10-year Municipal Funding Agreement (MFA) for the administration of the Canada Community-Building Fund (CCBF). WHEREAS The Government of Canada, The Government of Ontario, AMO, and the City of Toronto are signatories to the Administrative Agreement on the Canada Community-Building Fund effective April 1, 2024 (the “Administrative Agreement”), which governs the transfer and the use of the Canada Community-Building Fund (“CCBF”) in Ontario. AND WHEREAS AMO is responsible for the administration of the CCBF funding made available to all Municipalities in Ontario – except the City of Toronto – under the Administrative Agreement, and will therefore undertake (and require the Recipient to undertake) certain activities as set out in this Agreement. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An agreement, attached as “Schedule ‘A’ “, dated July 16, 2024 and made between The Association of Municipalities of Ontario (AMO) and the Corporation of the City of Niagara Falls. 2. The Mayor and Treasurer are hereby authorized to execute the said Agreement. 3. The City Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Read a First, Second and Third time; passed, signed and sealed in open Council this 16th day of July 2024. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 296 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 2 of 25 SCHEDULE “A” MUNICIPAL FUNDING AGREEMENT ON THE CANADA COMMUNITY-BUILDING FUND BETWEEN: THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO (referred to herein as “AMO”) AND: THE CITY OF NIAGARA FALLS (a municipal corporation pursuant to the Municipal Act, 2001, referred to herein as the “Recipient”) WHEREAS the Government of Canada, the Government of Ontario, AMO, and the City of Toronto are signatories to the Administrative Agreement on the Canada Community-Building Fund effective April 1, 2024 (the “Administrative Agreement”), which governs the transfer and use of the Canada Community-Building Fund (“CCBF”) in Ontario; AND WHEREAS AMO is responsible for the administration of CCBF funding made available to all Municipalities in Ontario – except the City of Toronto – under the Administrative Agreement, and will therefore undertake (and require the Recipient to undertake) certain activities as set out in this Agreement; AND WHEREAS the Recipient wishes to enter into this Agreement to access CCBF funding; NOW THEREFORE the Parties agree as follows: Page 297 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 3 of 25 1. DEFINITIONS AND INTERPRETATIONS 1.1 Definitions. For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below: “Annual Report” means the duly completed report to be prepared and delivered to AMO as described in Section 6.1. “Asset Management” is a principle/practice that includes planning processes, approaches, plans, or related documents that support an integrated lifecycle approach to the effective stewardship of infrastructure assets to maximize benefits and effectively manage risk. “Canada” means the Government of Canada, as represented by the Minister of Housing, Infrastructure and Communities. “Canada Community-Building Fund” or “CCBF” means the program established under section 161 of the Keeping Canada’s Economy and Jobs Growing Act, S.C. 2011, c. 24 as amended by section 233 of the Economic Action Plan 2013 Act, No. 1, S.C. 2013, c. 33, as the Gas Tax Fund and renamed the Canada Community-Building Fund in section 199 of Budget Implementation Act, 2021, No. 1. “Contract” means an agreement between the Recipient and a Third Party whereby the latter agrees to supply a product or service to an Eligible Project in return for financial consideration. “Eligible Expenditure” means an expenditure described as eligible in Schedule B or deemed eligible by Canada in accordance with Section 4.2. “Eligible Investment Category” means an investment category listed in Schedule A or deemed eligible by Canada in accordance with Section 3.2. “Eligible Project” means a project that fits within an Eligible Investment Category. “Event of Default” has the meaning given to it in Section 13.1 of this Agreement. “Funds” mean the funds made available to the Recipient through the CCBF or any other source of funding as determined by Canada. Funds are made available pursuant to this Agreement and includes any interest earned on the said Funds. Funds transferred to another Municipality in accordance with Section 5.3 of this Agreement are to be treated as Funds by the Municipality to which the Funds are transferred; and Funds transferred to a non-municipal entity in accordance with Section 5.4 of this Agreement shall remain as Funds under this Agreement for all purposes and the Recipient shall continue to be bound by all provisions of this Agreement with respect to such transferred Funds. Page 298 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 4 of 25 “Housing Needs Assessment” or “HNA” means a report informed by data and research describing the current and future housing needs of a Municipality or community according to guidance provided by Canada. “Ineligible Expenditures” means those expenditures described as ineligible in Schedule C or deemed ineligible by Canada in accordance with Section 4.2. “Infrastructure” means tangible capital assets that are primarily for public use or benefit in Ontario – whether municipal or regional, and whether publicly or privately owned. “Lower-Tier Municipality” means a Municipality that forms part of an Upper-Tier Municipality for municipal purposes, as defined under the Municipal Act, 2001, S.O. 2001, c. 25. “Municipal Fiscal Year” means the period beginning January 1st of a year and ending December 31st of the same year. “Municipality” and “Municipalities” means every municipality as defined under the Municipal Act, 2001, S.O. 2001, c. 25. “Non-Municipal Transfer By-law” means a by-law passed by Council of the Recipient pursuant to Section 5.4 of this Agreement. “Parties” means AMO and the Recipient. “Prior Agreement” means the municipal funding agreement for the transfer of federal gas tax funds entered into by AMO and the Recipient, effective April 2014 and with an expiry date of March 31, 2024. “Single-Tier Municipality” means a Municipality, other than an Upper-Tier Municipality, that does not form part of an Upper-Tier Municipality for municipal purposes, as defined under the Municipal Act, 2001, S.O. 2001 c. 25. “Third Party” means any person or legal entity, other than the Parties to this Agreement, who participates in the implementation of an Eligible Project by means of a Contract. “Transfer By-law” means a by-law passed by Council of the Recipient pursuant to Section 5.3 of this Agreement. “Unspent Funds” means the amount reported as unspent by the Recipient as of December 31, 2023 in the Recipient’s 2023 Annual Report (as defined under the Prior Agreement). Page 299 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 5 of 25 “Upper-Tier Municipality” means a Municipality of which two or more Lower-Tier Municipalities form part for municipal purposes, as defined under the Municipal Act, 2001, S.O. 2001 c. 25. 1.2 Interpretations a) “Agreement” refers to this agreement as a whole, including the cover and execution pages and all of the schedules hereto, and all amendments made hereto in accordance with the provisions hereof. b) The words “herein”, “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not any particular schedule, article, section, paragraph or other subdivision of this Agreement. c) The term “including” or “includes” means including or includes (as applicable) without limitation or restriction. d) Any reference to a federal or provincial statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or modified and in effect and to any statute or regulations that may be passed that have the effect of supplementing or superseding such statute or regulations. 2. TERM OF THE AGREEMENT 2.1 Term. Subject to any extension or termination of this Agreement or the survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall come into effect as of April 1, 2024 up to and including March 31, 2034. 2.2 Review. This Agreement will be reviewed by AMO by June 30, 2027. 2.3 Amendment. This Agreement may be amended at any time in writing as agreed to by AMO and the Recipient. 2.4 Notice. Any of the Parties may terminate this Agreement on two (2) years written notice. 2.5 Prior Agreement. The Parties agree that the Prior Agreement, including Section 15.5 thereof, is hereby terminated. Notwithstanding the termination of the Prior Agreement, including Section 15.5, the reporting and indemnity obligations of the Recipient thereunder with respect to expended Funds governed by the Prior Agreement as set forth in Sections 5, 7, 10.3, 10.4 and 10.5 of the Prior Agreement shall survive the said termination. Page 300 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 6 of 25 3. ELIGIBLE PROJECTS 3.1 Eligible Projects. Eligible Projects are those that fit within an Eligible Investment Category. Eligible Investment Categories are listed in Schedule A. 3.2 Discretion of Canada. The eligibility of any investment category not listed in Schedule A is solely at the discretion of Canada. 3.3 Recipient Fully Responsible. The Recipient is fully responsible for the completion of each Eligible Project in accordance with Schedule A and Schedule B. 4. ELIGIBLE EXPENDITURES 4.1 Eligible Expenditures and Ineligible Expenditures. Eligible Expenditures are described in Schedule B. Ineligible Expenditures are described in Schedule C. 4.2 Discretion of Canada. The eligibility of any item not listed in Schedule B or Schedule C to this Agreement is solely at the discretion of Canada. 4.3 Reasonable Access. The Recipient shall allow AMO and Canada reasonable and timely access to all documentation, records and accounts and those of their respective agents or Third Parties related to the receipt, deposit and use of Funds and Unspent Funds, and any interest earned thereon, and all other relevant information and documentation requested by AMO or Canada or their respective designated representatives for the purposes of audit, evaluation, and ensuring compliance with this Agreement. 4.4 Retention of Receipts. The Recipient will keep proper and accurate accounts and records of all Eligible Projects including invoices and receipts for Eligible Expenditures for at least six (6) years after the completion of the project. 4.5 Contracts. The Recipient will award and manage all Contracts in accordance with its relevant policies and procedures and, if applicable, in accordance with any domestic or international trade agreements, and all other applicable laws. The Recipient will ensure any of its Contracts for the supply of services or materials to implement its responsibilities under this Agreement will be awarded in a way that is transparent, competitive, consistent with value for money principles and pursuant to its adopted procurement policy. 5. FUNDS 5.1 Use of Funds. The Recipient acknowledges and agrees the Funds are intended for and shall be used only for Eligible Expenditures in respect of Eligible Projects. Page 301 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 7 of 25 5.2 Unspent Funds. Any Unspent Funds, and any interest earned thereon, will be subject to the terms and conditions of this Agreement, and will no longer be governed by the terms and conditions of the Prior Agreement. 5.3 Transfer of Funds to a Municipality. Where a Recipient decides to allocate and transfer Funds to another Municipality (the “Transferee Municipality”): a) The allocation and transfer shall be authorized by a Transfer By-law. The Transfer By-law shall be passed by the Recipient’s council and submitted to AMO as soon thereafter as practicable. The Transfer By-law shall identify the Transferee Municipality and the amount of Funds the Transferee Municipality is to receive for the Municipal Fiscal Year(s) specified in the Transfer By-law. b) The Recipient is still required to submit an Annual Report in accordance with Section 6.1 hereof with respect to the Funds transferred. c) No transfer of Funds pursuant to this Section 5.3 shall be effected unless and until the Transferee Municipality has either (i) entered into an agreement with AMO on substantially the same terms as this Agreement, or (ii) has executed and delivered to AMO a written undertaking to assume all of the Recipient’s obligations under this Agreement with respect to the Funds transferred, such as undertaking in a form satisfactory to AMO. 5.4 Transfer of Funds to a Non-Municipal Entity. Where a Recipient decides to support an Eligible Project undertaken by a non-municipal entity (whether a for profit, non- governmental, or not-for profit organization): a) The provision of such support shall be authorized by a Transfer By-law (a “Non-Municipal Transfer By-law”). The Non-Municipal Transfer By-law shall be passed by the Recipient’s council and submitted to AMO as soon as practicable thereafter. The Non-Municipal Transfer By-law shall identify the non-municipal entity, and the amount of Funds the non-municipal entity is to receive for that Eligible Project. b) The Recipient shall continue to be bound by all the provisions of this Agreement notwithstanding any such transfer. c) No transfer of Funds pursuant to this Section 5.4 shall be effected unless and until the non-municipal entity receiving the Funds has executed and delivered to AMO a written undertaking to assume all of the Recipient’s obligations under this Agreement with respect to the Funds transferred, in a form exclusively satisfactory to AMO. 5.5 Payout of Funds. Subject to Sections 5.14 and 5.15, AMO will transfer Funds twice yearly, on or before the dates agreed upon by Canada and AMO. Page 302 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 8 of 25 5.6 Deposit of Funds. The Recipient will deposit the Funds in: a) An interest-bearing bank account; or b) An investment permitted under: i. The Recipient’s investment policy; and ii. Provincial legislation and regulation. 5.7 Interest Earnings and Investment Gains. Interest earnings and investment gains will be:  Proportionately allocated to the CCBF when applicable; and  Applied to Eligible Expenditures for Eligible Projects. 5.8 Funds Advanced. Funds shall be spent (in accordance with Sections 3 and 4) or transferred (in accordance with Sections 5.3 or 5.4) within five (5) years after the end of the year in which Funds were received. Unexpended Funds shall not be retained beyond such five (5) year period without the documented consent of AMO. AMO reserves the right to declare that unexpended Funds after five (5) years become a debt to Canada which the Recipient will reimburse forthwith on demand to AMO for transmission to Canada. 5.9 Expenditure of Funds. The Recipient shall expend all Funds by December 31, 2038. 5.10 HST. The use of Funds is based on the net amount of harmonized sales tax to be paid by the Recipient net of any applicable tax rebates. 5.11 Limit on Canada’s Financial Commitments. The Recipient may use Funds to pay up to one hundred percent (100%) of Eligible Expenditures of an Eligible Project. 5.12 Federal Funds. The Recipient agrees that any Funds received will be treated as “federal funds” for the purpose of other federal infrastructure programs. 5.13 Stacking. If the Recipient is receiving federal funds under other federal infrastructure programs in respect of an Eligible Project to which the Recipient wishes to apply Funds, the maximum federal contribution limitation set out in any other federal infrastructure program agreement made in respect of that Eligible Project shall continue to apply. 5.14 Withholding Payment. AMO may, in its exclusive discretion, withhold Funds where the Recipient is in default of compliance with any provisions of this Agreement. 5.15 Insufficient Funds Provided by Canada. Notwithstanding the provisions of Section 2, if Canada does not provide sufficient funds to continue the Funds for any Municipal Page 303 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 9 of 25 Fiscal Year during which this Agreement is in effect, AMO may immediately terminate this Agreement on written notice to the Recipient. 6. REPORTING REQUIREMENTS 6.1 Annual Report. The Recipient shall submit a report to AMO by April 30th each year, or as otherwise notified by AMO. The report shall be submitted in an electronic format deemed acceptable by AMO and shall contain the information described in Schedule D. 6.2 Project List. The Recipient shall ensure that projects are reported in advance of construction. Information required is as noted in Section 2.3 of Schedule E. 7. ASSET MANAGEMENT 7.1 Implementation of Asset Management. The Recipient will develop and implement an Asset Management plan, culture, and methodology in accordance with legislation and regulation established by the Government of Ontario (e.g., O. Reg. 588/17). 7.2 Asset Data. The Recipient will continue to improve data describing the condition of, long-term cost of, levels of service provided by, and risks associated with infrastructure assets. 8. HOUSING NEEDS ASSESSMENT 8.1 Requirement. While an HNA is encouraged for all Municipalities, the Recipient must complete a HNA if it had a population of 30,000 or more on the 2021 Census of Canada and is a Single-Tier Municipality or a Lower-Tier Municipality. 8.2 Content of the HNA. The Recipient will prepare the HNA in accordance with the guidance provided from time to time by Canada. 8.3 Use of HNA. The Recipient is expected to prioritize projects that support the growth of the housing supply. The HNA is to be used by Municipalities to prioritize, where possible, Infrastructure or capacity building projects that support increased housing supply where it makes sense to do so. 8.4 Publication of the HNA. The Recipient will publish the HNA on its website. 8.5 HNA reporting requirements. The Recipient will send to AMO by March 31, 2025, unless otherwise agreed upon: a) A copy of any HNA it is required to complete in accordance with Section 8.1; and Page 304 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 10 of 25 b) The URL to the published HNA on the Recipient’s website. 9. COMMUNICATIONS REQUIREMENTS 9.1 The Recipient will comply with all communication requirements outlined in Schedule E. 10. RECORDS AND AUDIT 10.1 Accounting Principles. All accounting terms not otherwise defined herein have the meanings assigned to them; all calculations will be made and all financial data to be submitted will be prepared in accordance with generally accepted accounting principles (“GAAP”) in effect in Ontario. GAAP will include, without limitation, those principles approved or recommended for local governments from time to time by the Public Sector Accounting Board or the Chartered Professional Accountants of Canada or any successor institute, applied on a consistent basis. 10.2 Separate Records. The Recipient shall maintain separate records and documentation for the Funds and keep all records including invoices, statements, receipts, and vouchers in respect of Funds expended on Eligible Projects in accordance with the Recipient’s municipal records retention by-law. Upon reasonable notice by AMO or Canada, the Recipient shall submit all records and documentation relating to the Funds for inspection or audit. 10.3 External Auditor. AMO or Canada may request, upon written notice to Recipient, an audit of Eligible Project(s) or Annual Report(s). AMO shall retain an external auditor to carry out an audit and ensure that any auditor who conducts an audit pursuant to this Agreement or otherwise, provides a copy of the audit report to the Recipient. 11. INSURANCE AND INDEMNITY 11.1 Insurance. The Recipient shall put in effect and maintain in full force and effect or cause to be put into effect and maintained for the term of this Agreement all the necessary insurance with respect to each Eligible Project, including any Eligible Projects with respect to which the Recipient has transferred Funds pursuant to Section 5 of this Agreement, that would be considered appropriate for a prudent Municipality undertaking similar Eligible Projects, including, where appropriate and without limitation, property, construction, and liability insurance, which insurance coverage shall identify Canada and AMO as additional insureds for the purposes of the Eligible Projects. 11.2 Certificates of Insurance. Throughout the term of this Agreement, the Recipient shall have a valid certificate of insurance that confirms compliance with the requirements Page 305 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 11 of 25 of Section 11.1. The Recipient shall produce such certificate of insurance on request, including as part of any AMO or Canada audit. 11.3 AMO Not Liable. In no event shall Canada or AMO be liable for:  Any bodily injury, death or property damages to the Recipient, its employees, agents, or consultants or for any claim, demand or action by any Third Party against the Recipient, its employees, agents, or consultants, arising out of or in any way related to this Agreement; or  Any incidental, indirect, special, or consequential damages, or any loss of use, revenue or profit to the Recipient, its employees, agents, or consultants arising out of any or in any way related to this Agreement. 11.4 Recipient to Compensate Canada. The Recipient will ensure that it will not, at any time, hold the Government of Canada, its officers, servants, employees or agents responsible for any claims or losses of any kind that the Recipient, Third Parties or any other person or entity may suffer in relation to any matter related to the Funds or an Eligible Project and that the Recipient will, at all times, compensate Canada, its officers, servants, employees and agents for any claims or losses of any kind that any of them may suffer in relation to any matter related to CCBF funding or an Eligible Project. 11.5 Recipient to Indemnify AMO. The Recipient hereby agrees to indemnify and hold harmless AMO, its officers, servants, employees or agents (each of which is called an “Indemnitee”), from and against all claims, losses, damages, liabilities and related expenses including the fees, charges and disbursements of any counsel for any Indemnitee incurred by any Indemnitee or asserted against any Indemnitee by whomsoever brought or prosecuted in any manner based upon, or occasioned by, any injury to persons, damage to or loss or destruction of property, economic loss or infringement of rights caused by or arising directly or indirectly from:  The Funds;  The Recipient’s Eligible Projects, including the design, construction, operation, maintenance, and repair of any part or all of the Eligible Projects;  The performance of this Agreement or the breach of any term or condition of this Agreement by the Recipient, its officers, servants, employees, and agents, or by a Third Party, its officers, servants, employees, or agents; and  Any omission or other wilful or negligent act of the Recipient or Third Party and their respective officers, servants, employees, or agents. Page 306 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 12 of 25 12. TRANSFER AND OPERATION OF MUNICIPAL INFRASTRUCTURE 12.1 Reinvestment. The Recipient will invest into Eligible Projects, any revenue that is generated from the sale, lease, encumbrance, or other disposal of an asset resulting from an Eligible Project where such disposal takes place within five (5) years of the date of completion of the Eligible Project. 12.2 Notice. The Recipient shall notify AMO in writing 120 days in advance and at any time during the five (5) years following the date of completion of an Eligible Project if it is sold, leased, encumbered, or otherwise disposed of. 12.3 Public Use. The Recipient will ensure that Infrastructure resulting from any Eligible Project that is not sold, leased, encumbered, or otherwise disposed of, remains primarily for public use or benefit. 13. DEFAULT AND TERMINATION 13.1 Event of Default. AMO may declare in writing that an Event of Default has occurred when the Recipient has not complied with any condition, undertaking or term in this Agreement. AMO will not declare in writing that an Event of Default has occurred unless it has first consulted with the Recipient. For the purposes of this Agreement, each of the following events shall constitute an “Event of Default”:  Failure by the Recipient to deliver in a timely manner an Annual Report or respond to questionnaires or reports as required;  Delivery of an Annual Report that discloses non-compliance with any condition, undertaking or material term in this Agreement;  Failure by the Recipient to co-operate in an external audit undertaken by Canada, AMO or their agents;  Delivery of an external audit report that discloses non-compliance with any condition, undertaking or term in this Agreement; and  Failure by the Recipient to expend Funds in accordance with the terms of this Agreement, including Section 5.8. 13.2 Waiver. AMO may withdraw its notice of an Event of Default if the Recipient, within thirty (30) calendar days of receipt of the notice, either corrects the default or demonstrates, to the satisfaction of AMO in its sole discretion that it has taken such steps as are necessary to correct the default. 13.3 Remedies on Default. If AMO declares that an Event of Default has occurred under Section 13.1, after thirty (30) calendar days from the Recipient’s receipt of the notice Page 307 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 13 of 25 of an Event of Default, it may immediately terminate this Agreement or suspend its obligation to pay the Funds. If AMO suspends payment, it may pay suspended Funds if AMO is satisfied that the default has been cured. 13.4 Repayment of Funds. If AMO declares that an Event of Default has not been cured to its exclusive satisfaction, AMO reserves the right to declare that prior payments of Funds become a debt to Canada which the Recipient will reimburse forthwith on demand to AMO for transmission to Canada. 14. CONFLICT OF INTEREST 14.1 No Conflict of Interest. The Recipient will ensure that no current member of the AMO Board of Directors and no current or former public servant or office holder to whom any post-employment, ethics and conflict of interest legislation, guidelines, codes or policies of Canada applies will derive direct benefit from the Funds, the Unspent Funds, and any interest earned thereon, unless the provision of receipt of such benefits is in compliance with such legislation, guidelines, policies or codes. 15. NOTICE 15.1 Notice. Any notice, information or document provided for under this Agreement will be effectively given if in writing and if delivered by hand, or overnight courier, mailed, postage or other charges prepaid, or sent by email to the addresses in Section 15.3. Any notice that is sent by hand or overnight courier service shall be deemed to have been given when received; any notice mailed shall be deemed to have been received on the eighth (8) calendar day following the day on which it was mailed; any notice sent by email shall be deemed to have been received on the sender’s receipt of an acknowledgment from the intended recipient (such as by the “return receipt requested” function, as available, return email or other written acknowledgment), provided that in the case of a notice sent by email, if it is not given on a business day before 4:30 p.m. Eastern Standard Time, it shall be deemed to have been given at 8:30 a.m. on the next business day for the recipient. 15.2 Representatives. The individuals identified in Section 15.3 of this Agreement, in the first instance, act as AMO’s or the Recipient’s, as the case may be, representative for the purpose of implementing this Agreement. 15.3 Addresses for Notice. Further to Section 15.1 of this Agreement, notice can be given at the following addresses: Page 308 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 14 of 25  If to AMO: Executive Director Canada Community-Building Fund Agreement Association of Municipalities of Ontario 155 University Avenue, Suite 800 Toronto, ON M5H 3B7 Telephone: 416-971-9856 Email: ccbf@amo.on.ca  If to the Recipient: Treasurer The City of Niagara Falls Box 1023, 4310 Queen St. Niagara Falls, ON L2E 6X5 16. MISCELLANEOUS 16.1 Counterpart Signature. This Agreement may be signed (including by electronic signature) and delivered (including by facsimile transmission, by email in PDF or similar format or using an online contracting service designated by AMO) in counterparts, and each signed and delivered counterpart will be deemed an original and both counterparts will together constitute one and the same document. 16.2 Severability. If for any reason a provision of this Agreement that is not a fundamental term is found to be or becomes invalid or unenforceable, in whole or in part, it will be deemed to be severable and will be deleted from this Agreement, but all the other terms and conditions of this Agreement will continue to be valid and enforceable. 16.3 Waiver. AMO may waive any right in this Agreement only in writing, and any tolerance or indulgence demonstrated by AMO will not constitute waiver of rights in this Agreement. Unless a waiver is executed in writing, AMO will be entitled to seek any remedy that it may have under this Agreement or under the law. 16.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. 16.5 Survival. The Recipient agrees that the following sections and provisions of this Agreement shall extend for seven (7) years beyond the expiration or termination of this Agreement: Sections 4, 5.8, 5.9, 6.1, 11.4, 11.5, 12, 13.4 and 16.8. 16.6 AMO, Canada and Recipient Independent. The Recipient will ensure its actions do not establish or will not be deemed to establish a partnership, joint venture, principal- Page 309 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 15 of 25 agent relationship, or employer-employee relationship in any way or for any purpose whatsoever between Canada and the Recipient, between AMO and the Recipient, between Canada and a Third Party or between AMO and a Third Party. 16.7 No Authority to Represent. The Recipient will ensure that it does not represent itself, including in any agreement with a Third Party, as a partner, employee, or agent of Canada or AMO. 16.8 Debts Due to AMO. Any amount owed under this Agreement will constitute a debt due to AMO, which the Recipient will reimburse forthwith, on demand, to AMO. 16.9 Priority. In the event of a conflict, the part of this Agreement that precedes the signature of the Parties will take precedence over the Schedules. 16.10 Complementarity. The Recipient is to use the CCBF to complement, without replacing or displacing, other sources of funding for municipal infrastructure. 16.11 Equity. The Recipient is to consider Gender Based Analysis Plus (“GBA+”) lenses when undertaking a project. 17. SCHEDULES 17.1 This Agreement, including: Schedule A Eligible Investment Categories Schedule B Eligible Expenditures Schedule C Ineligible Expenditures Schedule D The Annual Report Schedule E Communications Requirements constitute the entire agreement between the Parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. Page 310 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 16 of 25 18. SIGNATURES IN WITNESS WHEREOF, AMO and the Recipient have respectively executed, and delivered this Agreement, effective April 1, 2024. THE CITY OF NIAGARA FALLS By: Name: Title: Date Name: Title: Date THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO By: Name: Title: Executive Director Date Witness: Title: Date Page 311 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 17 of 25 SCHEDULE A: ELIGIBLE INVESTMENT CATEGORIES 1. Broadband connectivity – investments in the construction, material enhancement, or renewal of infrastructure that provides internet access to residents, businesses, and/or institutions in Canadian communities. 2. Brownfield redevelopment – investments in the remediation or decontamination of a brownfield site within municipal boundaries – provided that the site is being redeveloped to construct a public park for municipal use, publicly owned social housing, or Infrastructure eligible under another investment category listed in this schedule. 3. Capacity-building – investments that strengthen the Recipient’s ability to develop long- term planning practices as described in Schedule B, item 2. 4. Community energy systems – investments in the construction, material enhancement, or renewal of infrastructure that generates energy or increases energy efficiency. 5. Cultural infrastructure – investments in the construction, material enhancement, or renewal of infrastructure that supports the arts, humanities, or heritage. 6. Drinking water – investments in the construction, material enhancement, or renewal of infrastructure that supports drinking water conservation, collection, treatment, and distribution systems. 7. Fire halls – investments in the construction, material enhancement, or renewal of fire halls and fire station infrastructure. 8. Local roads and bridges – investments in the construction, material enhancement, or renewal of roads, bridges, tunnels, highways, and active transportation infrastructure. 9. Public transit – investments in the construction, material enhancement, or renewal of infrastructure that supports a shared passenger transport system that is available for public use. 10. Recreational infrastructure – investments in the construction, material enhancement, or renewal of recreational facilities or networks. 11. Regional and local airports – investments in the construction, material enhancement, or renewal of airport-related infrastructure (excluding infrastructure in the National Airports System). 12. Resilience – investments in the construction, material enhancement, or renewal of built and natural infrastructure assets and systems that protect and strengthen the resilience Page 312 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 18 of 25 of communities and withstand and sustain service in the face of climate change, natural disasters, and extreme weather events. 13. Short-line rail – investments in the construction, material enhancement, or renewal of railway-related infrastructure for carriage of passengers or freight. 14. Short-sea shipping – investments in the construction, material enhancement, or renewal of infrastructure related to the movement of cargo and passengers around the coast and on inland waterways, without directly crossing an ocean. 15. Solid waste – investments in the construction, material enhancement, or renewal of infrastructure that supports solid waste management systems (including the collection, diversion, and disposal of recyclables, compostable materials, and garbage). 16. Sport infrastructure – investments in the construction, material enhancement, or renewal of amateur sport infrastructure (facilities housing professional or semi-professional sports teams are ineligible). 17. Tourism infrastructure – investments in the construction, material enhancement, or renewal of infrastructure that attracts travelers for recreation, leisure, business, or other purposes. 18. Wastewater – investments in the construction, material enhancement, or renewal of infrastructure that supports wastewater and storm water collection, treatment, and management systems. Note: Investments in health infrastructure (e.g., hospitals, long-term care facilities, convalescent centres, and senior centres) are not eligible. Page 313 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 19 of 25 SCHEDULE B: ELIGIBLE EXPENDITURES Eligible Expenditures will be limited to the following: 1. Infrastructure investments – expenditures associated with acquiring, planning, designing, constructing, or renovating a tangible capital asset and any related debt financing charges specifically identified with that asset. 2. Capacity-building costs – for projects eligible under the capacity-building category only, expenditures associated with the development and implementation of:  Capital investment plans, integrated community sustainability plans, integrated regional plans, housing needs assessments, or asset management plans;  Studies, strategies, systems, software, third-party assessments, plans, or training related to asset management;  Studies, strategies, systems, or plans related to housing or land use;  Studies, strategies, or plans related to the long-term management of infrastructure; and  Other initiatives that strengthen the Recipient’s ability to improve local and regional planning. 3. Joint communications and signage costs – expenditures directly associated with joint federal communication activities and with federal project signage. 4. Employee costs – the costs of the Recipient’s employees for projects eligible under the capacity-building category only – provided that the costs, on an annual basis, do not exceed the lesser of:  40% of the Recipient’s annual allocation (i.e., the amount of CCBF funding made available to the Recipient by AMO under Section 5.5 of this Agreement); or  $80,000. Page 314 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 20 of 25 SCHEDULE C: INELIGIBLE EXPENDITURES The following are deemed Ineligible Expenditures: 1. Costs incurred before the Fund was established – project expenditures incurred before April 1, 2005. 2. Costs incurred before categories were eligible – project expenditures incurred:  Before April 1, 2014 – under the broadband connectivity, brownfield redevelopment, cultural infrastructure, disaster mitigation (now resilience), recreational infrastructure, regional and local airports, short-line rail, short-sea shipping, sport infrastructure, and tourism infrastructure categories; and.  Before April 1, 2021 – under the fire halls category. 3. Internal costs – the Recipient’s overhead costs (including salaries and other employment benefits), operating or administrative costs (related to planning, engineering, architecture, supervision, management, and other activities normally carried out by the Recipient’s staff), and equipment leasing costs – except in accordance with Eligible Expenditures described in Schedule B. 4. Rebated costs – taxes for which the Recipient is eligible for a tax rebate and all other costs eligible for rebates. 5. Land costs – the purchase of land or any interest therein and related costs. 6. Legal fees. 7. Routine repair or maintenance costs – costs that do not result in the construction, material enhancement, or renewal of a tangible capital asset. 8. Investments in health infrastructure – costs associated with health infrastructure or assets (e.g., hospitals, long-term care facilities, convalescent centres, and senior centres). 9. Investments in professional or semi-professional sports facilities – costs associated with facilities used by professional or semi-professional sports teams. Page 315 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 21 of 25 SCHEDULE D: ANNUAL REPORT The Annual Report may include – but is not necessarily limited to – the following information pertaining to the previous fiscal year: 1. Financial information – and particularly:  Interest earnings and investment gains – in accordance with Section 5.7;  Proceeds from the disposal of assets – in accordance with Section 12.1;  Outgoing transfers – in accordance with Sections 5.3 and 5.4;  Incoming transfers – in accordance with Section 5.3; and  Amounts paid – in aggregate for Eligible Expenditures on each Eligible Project. 2. Project information – describing each Eligible Project that started, ended, or was ongoing in the reporting year. 3. Results – and particularly:  Expected outputs and outcomes for each ongoing Eligible Project;  Outputs generated and outcomes achieved for each Eligible Project that ended construction in the reporting year; and  Housing outcomes resulting from each Eligible Project that ended construction in the reporting year, and specifically: i. The number of housing units enabled, supported, or preserved; and ii. The number of affordable housing units enabled, supported, or preserved. 4. Other information – such as:  Progress made in the development and implementation of asset management plans and systems; and  The impact of the CCBF on housing pressures tied to infrastructure gaps, the housing supply, and housing affordability. Page 316 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 22 of 25 SCHEDULE E: COMMUNICATIONS REQUIREMENTS 1. COMMUNICATIONS ACTIVITIES 1.1 Scope. The provisions of this Schedule apply to all communications activities related to any Funds and Eligible Projects. 1.2 Definition. Communications activities may include (but are not limited to) public or media events, news releases, reports, web articles, blogs, project signs, digital signs, publications, success stories and vignettes, photo compilations, videos, advertising campaigns, awareness campaigns, editorials, award programs, and multi-media products. 2. INFORMATION SHARING REQUIREMENTS 2.1 Notification requirements. The Recipient must report all active Eligible Projects to AMO in advance of construction each year. Reports must be submitted in an electronic format deemed acceptable by AMO. 2.2 Active Eligible Projects. Active Eligible Projects are those Eligible Projects that either begin in the current calendar year or are ongoing in the current calendar year. 2.3 Information required. The report must include, at a minimum, the name, category, description, expected outcomes, anticipated CCBF contribution, anticipated start date, and anticipated end date of each active Eligible Project. 3. PROJECT SIGNAGE REQUIREMENTS 3.1 Installation requirements. Unless otherwise approved by Canada, the Recipient must install a federal sign to recognize federal funding for each Eligible Project in accordance with design, content, and installation guidelines provided by Canada. 3.2 Permanent signs, plaques, and markers. Permanent signage, plaques, and markers recognizing municipal or provincial contributions to an Eligible Project must also recognize the federal contribution and must be approved by Canada. 3.3 Responsibilities. The Recipient is responsible for the production and installation of Eligible Project signage in accordance with Section 3 of this Schedule E, except as otherwise agreed upon. 3.4 Reporting requirements. The Recipient must inform AMO of signage installations in a manner determined by AMO. Page 317 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 23 of 25 4. DIGITAL COMMUNICATIONS REQUIREMENTS 4.1 Social media. AMO maintains accounts dedicated to the CCBF on several social media networks. The Recipient must @mention the relevant account when producing content that promotes or communicates progress on one or more Eligible Projects. AMO’s CCBF-dedicated social media accounts are identified on www.buildingcommunities.ca. 4.2 Websites and webpages. Websites and webpages created to promote or communicate progress on one or more Eligible Projects must recognize federal funding using either: a) A digital sign; or b) The Canada wordmark and the following wording (as applicable): i. “This project is funded in part by the Government of Canada”; or ii. “This project is funded by the Government of Canada”. The Canada wordmark or digital sign must link to www.infrastructure.gc.ca. Guidelines describing how this recognition is to appear and language requirements are posted at http://www.infrastructure.gc.ca/pub/signage-panneaux/intro-eng.html. 5. REQUIREMENTS FOR MEDIA EVENTS AND ANNOUNCEMENTS 5.1 Definitions. Media events and announcements include, but are not limited to, news conferences, public announcements, and the issuing of news releases to communicate the funding of Eligible Projects or achievement of key milestones (such as groundbreaking ceremonies, grand openings, and completions). 5.2 Authority. Canada, AMO, or the Recipient may request a media event or announcement. 5.3 Notification requirements. Media events and announcements must not proceed without the prior knowledge and agreement of AMO, Canada, and the Recipient. 5.4 Notice. The requester of a media event or announcement must provide at least fifteen (15) business days’ notice to other parties of their intention to undertake such an event or announcement. If communications are proposed through a news release with no supporting event, Canada additionally requires five (5) business days with the draft news release to secure approvals and confirm the federal representative’s quote. 5.5 Date and location. Media events and announcements must take place at a date and location that is mutually agreed to by the Recipient, AMO and Canada. Page 318 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 24 of 25 5.6 Representatives. The Recipient, AMO, and Canada will have the opportunity to participate in media events and announcements through a designated representative. Each Party will choose its own designated representative. 5.7 Responsibilities. AMO and the Recipient are responsible for coordinating all onsite logistics for media events and announcements unless otherwise agreed on. 5.8 No unreasonable delay. The Recipient must not unreasonably delay media events and announcements. 5.9 Precedence. The conduct of all joint media events, announcements, and supporting communications materials (e.g., news releases, media advisories) will follow the Table of Precedence for Canada. 5.10 Federal approval. All joint communications material related to media events and announcements must be approved by Canada and recognize the funding of all contributors. 5.11 Federal policies. All joint communications material must reflect Canada’s Policy on Official Languages and the Policy on Communications and Federal Identity. 5.12 Equal visibility. The Recipient, Canada, and AMO will have equal visibility in all communications activities. 6. PROGRAM COMMUNICATIONS 6.1 Own communications activities. The Recipient may include messaging in its own communications products and activities with regards to the use of Funds. 6.2 Funding acknowledgements. The Recipient must recognize the funding of all contributors when undertaking such activities. 7. OPERATIONAL COMMUNICATIONS 7.1 Responsibilities. The Recipient is solely responsible for operational communications with respect to the Eligible Projects, including but not limited to, calls for tender, construction, and public safety notices. Operational communications as described above are not subject to the federal official languages policy. 7.2 Federal funding acknowledgement. Operational communications should include, where appropriate, the following statement (as appropriate): a) “This project is funded in part by the Government of Canada”; or b) “This project is funded by the Government of Canada”. Page 319 of 326 Municipal Funding Agreement on the Canada Community-Building Fund Page 25 of 25 7.3 Notification requirements. The Recipient must share information promptly with AMO should significant emerging media or stakeholder issues relating to an Eligible Project arise. AMO will advise the Recipient, when appropriate, about media inquiries received concerning an Eligible Project. 8. COMMUNICATING SUCCESS STORIES 8.1 Participation requirements. The Recipient must work with Canada and AMO when asked to collaborate on communications activities – including, but not limited to, Eligible Project success stories (including positive impacts on housing), Eligible Project vignettes, and Eligible Project start-to-finish features. 9. ADVERTISING CAMPAIGNS 9.1 Responsibilities. The Recipient may, at its own cost, organize an advertising or public information campaign related to the use of the Funds or Eligible Projects, provided that the campaign respects the provisions of this Agreement. 9.2 Notice. The Recipient must inform Canada and AMO of its intention to organize a campaign no less than twenty-one (21) working days prior to the launch of the campaign. Page 320 of 326 CITY OF NIAGARA FALLS By-law No. 2024 - 071 A by-law to establish Part 4 on 59R-18002 as a public highway to be known as, and, form part of Mewburn Road. WHEREAS Section 31(2) of the Municipal Act, 2001, provides, that after January 1, 2003, land may only become a highway by virtue of a by-law establishing the highway and not by the activities of the municipality or any other person in relation to the land, including the spending of public money; AND WHEREAS the City is undertaking certain reconstruction works on portions of Mewburn Road including road widening, new ditching, culverts and lighting, as approved in the City’s 2022 and 2023 Capital Budgets; AND WHEREAS as a result of the reconstruction works noted above, Part 4 on 59R-18002, will form part of the Mewburn Road road allowance and as such must be declared as a public highway; AND WHEREAS it is deemed desirable to declare Part 4 on 59R-18002, as a public highway, forming part of Mewburn Road. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That part of Township Lot 7, Stamford, designated as Part 4 on Reference Plan 59R- 18002, being part of PIN 64268-0263 (LT) (the “Subject Lands”) is hereby established, laid out and declared as a public highway forming part of Mewburn Road, for public use. 2. That upon passage of this by-law, the City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the Subject Lands in the Land Registry Office. 3. 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 16th day of July, 2024. ................................................................. ..................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 321 of 326 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2024 - 072 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Loading Zones, Pedestrian Crossovers, Loading Zones, Weight Limits on Bridges) --------------------------------------------------------------- The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No.89-2000, as amended, is hereby further amended: a) by removing from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Centre Street South Victoria Avenue and Ellen Avenue At All Times Tow Away Zone Prospect Street North Portage Road and Drummond Road At All Times Prospect Street South Drummond Road and a point of 12 m east of Drummond Road At All Times Prospect Street South A point of 140 m west of Portage Road and a point of 17 m west of Portage Road At All Times Except by Permit Page 322 of 326 b) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Centre Street South Victoria Avenue and a point 28 metres northwest of Victoria Avenue At All Times Tow Away Zone North Street North Stanley Avenue and a point 42 m east of Stanley Avenue At All Times Westport Drive North A point 55 metres west of Parkside Road and a point 80 metres west of Parkside Road At All Times Westport Drive South A point 30 metres east of Courtney Crescent and a point 58 metres east of Courtney Crescent At All Times McGarry Drive North Kelly Drive and a point 21 metres east of Kelly Drive At All Times Prospect Street Both Drummond Road and a point 42 metres east of Drummond Rd. At All Times c) by removing from to the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS St. Patrick Avenue Both A point 22 metres north of O’Neil Street and Russell Street At All Times Except By Permit d) by adding to the specified columns of Schedule M thereto the following item: LOADING ZONES COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Centre Street South A point 28 metres northwest of Victoria Avenue and a point 48 metres northwest of Victoria Avenue At All Times Page 323 of 326 e) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Centre Street South A point 28 metres northwest of Victoria Avenue and Ellen Avenue At All Times Tow Away Zone North Street South Stanley Avenue and a point 30 metres east of Stanley Avenue At All Times Westport Drive North Parkside Road and a point 55 metres west of Parkside Road At All Times Prospect Street North Portage Road and a point 42 m east of Drummond Road At All Times Prospect Street Erie Avenue Erie Avenue Erie Avenue Erie Avenue St. Patrick Avenue South West East East East Both A point of 42 metres east of Drummond Road and a point of 17 metres west of Portage Road Morrison Street and Ellis Street A point 15 metres south of Morrison Street and a point 15 metres north of Ellis Street Morrison Street and a point 15 metres south of Morrison Street Ellis Street and a point 15 metres north of Ellis Street Russell Street and a point 15 metres south of Russell Street At All Times Except by Permit At All Times At All Times Except By Permit At All Times At All Times At All Times f) by adding to the specified columns of Schedule AB thereto the following items: PEDESTRIAN CROSSOVERS COLUMN 1 HIGHWAY COLUMN 2 LOCATION Palmer Avenue 78 metres southwest of Cookman Crescent Westport Road 70 metres west of Parkside Road McGarry Drive At Kelly Drive, east side of intersection Page 324 of 326 (g) by removing from the specified columns of Schedule V1 thereto the following item: WEIGHT LIMITS ON BRIDGES COLUMN 1 HIGHWAY COLUMN 2 Bridge COLUMN 3 BETWEEN Beck Rd. A point 185 m south of Lyon’s Creek Rd. and A point 230 m south of Lyon’s Creek Rd. 12 tonnes This By-law shall come into force when the appropriate signs are installed. Read a first, second, third time and passed. Signed and sealed in open Council on this 16th day of July 2024. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 325 of 326 CITY OF NIAGARA FALLS By-law No. 2024 - 073 A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 16th day of July, 2024. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 16th day of July 2024 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Read a first, second, third time and passed. Signed and sealed in open Council this 16th day of July, 2024. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 326 of 326