HomeMy WebLinkAbout12-10-2024
AGENDA
City Council Meeting
1:00 PM - Tuesday, December 10, 2024
Council Chambers/Zoom App.
All Council Meetings are open to
the public in person, in Council
Chambers or watched virtually.
All electronic meetings can be
viewed on this page, the City of
Niagara Falls YouTube channel, the
City of Niagara Falls Facebook
page, along with YourTV Niagara.
Page
1. CALL TO ORDER
O Canada: Dunja Zivkovic
Land Acknowledgement and Traditional Indigenous Meeting Opening
2. ADOPTION OF MINUTES
2.1. Council Minutes of November 12, 2024
City Council - 12 Nov 2024 - Minutes - Pdf
11 - 25
2.2. Council Minutes of November 26, 2024 (Capital & Parking
Budgets)
Special City Council - 26 Nov 2024 (Capital & Parking Budgets) -
Minutes - Pdf
26 - 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. Niagara Falls Innovation Hub (Letters of endorsement added)
Dan Bordenave, from the Niagara Falls Innovation Hub, to
32 - 34
Page 1 of 357
present his annual presentation to Council pertaining to the
Niagara Falls Innovation Hub.The following guests will be present
to share their experiences with the Hub: Fred Davies, Dr. Pouria
Sadeghi, Ray Simmons and Sharon Corcoran.
Letter of endorsement - Teacher from St Patrick Catholic
Elementary School
Endorsement letter from student at St John Henry Newman
5.2. CLEAResult + Energy Affordability Program
Ehsan Dibaji, VP, Policy and Market Development, along with
Tara Willard, Senior Manager Outreach Manager, from
CLEAResult will present before Council to gain Council's
endorsement of the Energy Affordability Program and the Home
Winterproofing Program in order to have the additional support to
promote the programs and the benefits.
Marketing Booklet - CLEAResult & Energy Affordability Program
35 - 42
5.3. Appointment Request - Christopher Connor and Nathan
Morrissette (Presentation added)
Nathan Morrissette, Chair of the Niagara Association of Realtors,
along with Christopher Connor, External Relations Coordinator
from Niagara Association of Realtors, to address Council to
present some housing stats/facts for the region as polled by Nik
Nanos of Nanos Research.
Presentation - 2024_NAR NF City Council
43 - 51
5.4. COMM-2024-02 (Presentation added)
Physician Recruitment Update and 2025 Budget
Consideration
Dale Morton, Director of Communications from the City of
Niagara Falls, along with Jill Croteau, Physician Recruitment
Specialist from the Niagara Region, will present before Council.
COMM-2024-02 - Pdf
Presentation - REGION-CNF_Physician-Recruitment -_Dec10
52 - 72
5.5. F-2024-45
Mayor's Proposed 2025 Water and Wastewater Budgets
73 - 120
Page 2 of 357
Tiffany Clark, Director of Finance, to provide a presentation to
Council.
F-2024-45 Mayor's Proposed 2025 Water and Wastewater
Budgets - Pdf
Presentation - 2025 Water and Wastewater Budget- FINAL
6. PLANNING MATTERS
6.1. PBD-2024-51 (Presentations and comments from residents
added)
AM-2024-023 – Minor Zoning By-law Amendment
5901-5929, 5930-5950, 5933-5953 & 5985 Bentley Common
Proposal: To permit twenty-one vacation rental units
Applicant: 1746362 Ontario Corp. (Feng Han)
Agent: Jennifer Vida (Jennifer Vida Consulting)
Mackenzie Ceci, Acting Senior Manager of Current Planning, will
provide an overview of Report PBD-2024-51.
PBD-2024-51 - Pdf
Staff's Presentation - AM-2024-023
Presentation (Applicant) - PBD-2024-51 - AM-2024-023
Comments from residents
121 - 153
7. REPORTS
7.1. PBD-2024-52
Honourary Street Name: Rick Rose
PBD-2024-52 - Pdf
154 - 159
7.2. CLK-2024-06
Cost of Council Meetings
CLK-2024-06 - Pdf
Comments from resident
160 - 168
7.3. MW-2024-45
Proposed Boulevard Maintenance Bylaw Amendment
169 - 172
Page 3 of 357
MW-2024-45 - Pdf
7.4. MW-2024-46
Follow up on Sidewalk Winter Maintenance
MW-2024-Sidewalk Winter Maintenance Consideration - Pdf
173 - 183
7.5. MW-2024-48
2024-396-16 - Whirlpool Road Reconstruction Budget
Amendment
MW-2024-48 - Pdf
184 - 188
7.6. R&C-2024-22
Year-Round Indoor Courts Proposal
R&C-2024-22 - Pdf
189 - 197
7.7. PBD-2024-53 (Report added)
Interim Control By-Law related to Settlement Area Boundary
Expansions
PBD-2024-53 - Pdf
198 - 204
7.8. PBD-2024-54 (Report added)
Fence Variance – 5528 Buchanan Avenue
Nick DeBenedetti, to speak to the appeal for which he submitted.
PBD-2024-54 - Pdf
205 - 226
8. IN CAMERA SESSION OF COUNCIL
8.1. In-Camera Resolution - December 10, 2024 (added)
December 10 2024 - Resolution to go In-Camera
227
8.2. Special Meeting of January 21, 2025 - Resolution to go In-
Camera (added)
Special Meeting of January 21st, 2025 - Resolution to go In-
Camera
228
Page 4 of 357
9. CONSENT AGENDA
The consent agenda is a set of reports that could be approved in one
motion of council. The approval endorses all of the recommendations
contained in each of the reports within the set. The single motion will
save time.
Prior to the motion being taken, a councillor may request that one or
more of the reports be moved out of the consent agenda to be
considered separately.
9.1. F-2024-40
Approval of Interim 2025 Spending Limits
F-2024-40 Approval of Interim 2025 Spending Limits - Pdf
229 - 230
9.2. MW-2024-47
Intersection Control Review - Crawford Street at St. James
Avenue
MW-2024-47 - Pdf
231 - 234
9.3. MW-2024-49
Phase 3 - Rural Road Speed Limit Reviews
MW-2024-49 - Pdf
235 - 239
9.4. R&C-2024-21
Installation of Wind Phone
R&C-2024-21 - Pdf
240 - 244
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 #10.2.
Page 5 of 357
10.1. Flag-Raising Request - Serbian Statehood Day
Attached is a request from the Founder and Director of the
Serbian School "Nikola Tesla" to request Council's support in
organizing a flag-raising ceremony for the Serbian Flag at City
Hall on Friday, February 14, 2025, in honour of "Serbian
Statehood Day (Sretenje)."
Recommendation: THAT Council APPROVE a flag-raising
ceremony for the Serbian Flag at City Hall on Friday, February
14, 2025, in honour of "Serbian Statehood Day (Sretenje)."
Flag-Raising Request - Serbian Statehood Day
245 - 246
10.2. Flag-Raising and Proclamation Request - Crime Stoppers of
Niagara
Attached are letters from Crime Stoppers Niagara requesting a
flag-raising ceremony at City Hall in the month of January 2025
and to proclaim January 2025 as Crime Stoppers Month.
Recommendation: THAT Council APPROVE a flag-raising
ceremony at City Hall in the month of January 2025 and proclaim
January 2025 as "Crime Stoppers Month.
MayorDiodati_FlagRaising - Crime Stoppers Niagara
MayorDiodati_Proclamation - Crime Stoppers Niagara
247 - 248
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
RECOMMENDATION: THAT Council receive for information Item
#11.1 through to and including Item #11.5.
11.1. Resolution - Niagara Peninsula Conservation Authority
(NPCA)
Attached is correspondence pertaining to the NPCA's 2025
Meeting Schedule.
Recommendation: THAT Council RECEIVE for information.
NPCA - Resolution FA-121-2024 Correspondence
249 - 251
11.2. Resolution - Township of Larder Lake - Redistribution of the
LTT and GST
The Township of Larder Lake at its regular Council meeting held
on Tuesday, November 12, 2024, adopted the following
resolution,
252 - 253
Page 6 of 357
a motion to support the Town of Aurora regarding - Request to
the Provincial and Federal government for the Redistribution of
the Provincial Land Transfer Tax and GST to Municipalities for
Sustainable Infrastructure Funding.
Recommendation: THAT Council RECEIVE for information.
Motion to support the Town of Aurora regarding redistribution of
LTT and GST
11.3. Resolution - City of Thorold - Flag Desecration
Attached is a resolution passed by the Council of the City of
Thorold at their November 12, 2024 Regular Council meeting
regarding flag desecration.
Recommendation: THAT Council RECEIVE for information.
Thorold City Council Flag Desecration Resolution
254 - 255
11.4. Correspondence from the Niagara Region
Attached is corresondence sent from the Niagara Region
regarding the following matter:
1. CLK-C 2024-119 CSD 48-2024 - 2025 Budget - Water and
Wastewater Operating Budget, Rate Setting and Requisition
Recommendation: THAT Council RECEIVE for information.
CLK-C 2024-119 CSD 48-2024
256 - 291
11.5. Letter from Minister Calandra - Additional Residential Units
(ARU)
Attached is a letter from the Minister of Municipal Affairs and
Housing, Paul Calandra, regarding additional residential units
(ARUs).
Recommendation: THAT Council RECEIVE for information.
234-2024-5434 Minister's Letter on ARUs SIGNED
292 - 293
12. RESOLUTIONS
13. RATIFICATION OF IN-CAMERA
14. 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
Page 7 of 357
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.
14.1. NOTICE OF MOTION - Maximizing Parking at the Exchange
and Niagara Falls History Museum
Attached is a request for a Notice of Motion from Councillor
Nieuwesteeg regarding Maximizing Parking at the Exchange and
Niagara Falls History Museum.
Notice of Motion - Councillor Nieuwesteeg - Maximizing Parking
at the Exchange and NF History Museum
294 - 295
14.2. NOTICE OF MOTION - Naming "March" Youth Empowerment
Month
Attached is a request for a Notice of Motion from Councillor
Nieuwesteeg regarding naming "March" Youth Empowerment
Month.
Notice of Motion - Councillor Nieuwesteeg - Naming March Youth
Empowerment Month
296
15. MOTIONS
15.1. Waiving of Section 15.3 of Procedural By-Law - re: 2025
Budget Discussions on November 26, 2024 December 10,
2024 and January 21, 2025
Councillor Lococo brought forth the motion below requesting the
waiving of Section 15.3 of Procedural By-Law.
Motion:
WHERE AS the City Budget is a roadmap that outlines our
strategic priorities. Council decides on how money should be
spent and which projects should be implemented. It outlines the
services that we will provide to our residents and the
infrastructure that is required for our community;
WHERE AS Section 15.3 of the Procedural By-Law No. 2019-04
states that:
“No Member may speak to the same question or in reply for
any longer than five (5) minutes including comments,
questions to staff and staff responses in Council, without
leave of the Council.”
297 - 343
Page 8 of 357
WHERE AS Council has previously discussed the option of
waiving the Procedural Bylaw for the five minute rule for
important and detailed subjects;
THEREFORE BE IT RESOLVED that Section 15.3 of the
Procedural Bylaw be waived for the 2025 budget discussions on
November 26, 2024, December 10, 2024 and January 21, 2025.
Motion - Waive Section 15.3 Procedural Bylaw (2025 Budget
discussions)
Comments from resident
16. BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to
the by-law listed for Council consideration.
2024-
123.
A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Parking Prohibited,
Stop Signs at Intersections).
By-law 2024-123 - 12 10 2024 - No Parking, Stop Signs at
Intersections
344 - 345
2024-
124.
A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Speed Limits on
Highways - 60 km/h, Speed Limit on Highways - 70 km/h, Speed
Limit on Highways - 80 km/h).
By-law 2024-124 - 12 10 2024 - Speed Limits
346 - 348
2024-
125.
A by-law to amend By-law No. 2007-41, being a by-law to
regulate the maintaining of land in a clean and clear condition
within the City of Niagara Falls to introduce new regulatory
provisions.
By-law 2024-125 - Amendment to Maintenance of Land Bylaw
349 - 350
2024-
126.
An interim control by-law to prohibit the creation of a new
settlement area or amend the existing settlement area within the
City of Niagara Falls under Section 38 of the Planning Act, R.S.O.
1990, c. P. 13, as amended (PBD-2024-53). (Added)
By-law 2024-126 Settlement Area Boundary Interim Control By-
351 - 352
Page 9 of 357
law
2024-
127.
A by-law to amend By-law No. 2002-081, being a by-law to
appoint City employees, agents and third parties for the
enforcement of provincial or municipal by-laws.
By-law 2024-127 - 2024 DEC 10 By-law Enforcement Officers
353 - 355
2024-
128.
A by-law to appoint Councillor Victor Pietrangelo as Acting
Mayor. (Added)
By-law 2024-128 - Acting Mayor By-law
356
2024-
129.
A by-law to adopt, ratify and confirm the actions of the City
Council at its meeting held on the 10th day of December, 2024.
By-law 2024-129 - 12 10 24 Confirming By-law
357
17. ADJOURNMENT
Page 10 of 357
MINUTES
City Council Meeting
4:00 PM - Tuesday, November 12, 2024
Council Chambers/Zoom App.
The City Council Meeting of the City of Niagara Falls was called to order on Tuesday,
November 12, 2024, at 4:14 PM, in the Council Chambers, with the following members
present:
COUNCIL
PRESENT:
Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Chris Dabrowski,
Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor
Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange
(attending in Council Chambers)
COUNCIL
ABSENT: Councillor Wayne Campbell
STAFF
PRESENT:
Jason Burgess, Erik Nickel, Tiffany Clark, Chief Jo Zambito, Nidhi
Punyarthi, Kathy Moldenhauer, Kira Dolch, Shelley Darlington, Signe
Hansen (attending in Council Chambers)
Dave Etherington, Trent Dark, Margaret Corbett (attending via Zoom
app.)
1. CALL TO ORDER
The meeting was called to order at 4:14 PM.
2. ADOPTION OF MINUTES
2.1. Council Minutes of October 22, 2024
Moved by Councillor Ruth-Ann Nieuwesteeg
Seconded by Councillor Lori Lococo
THAT Council APPROVE the minutes of the October 22, 2024 meeting as
presented.
Carried Unanimously
3. DISCLOSURES OF PECUNIARY INTEREST
None to report.
4. MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati mentioned the following City events:
Events & Announcements:
Page 1 of 15
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Diwali - photos shown
Also attended by Councillor Lococo
Remembrance Day [photos shown]
Chippawa Service – also attended by Councillors Nieuwesteeg, Patel
and Lococo
Christ Church Service
Fairview Cemetery – also attended by Councillors Patel, Baldinelli,
Dabrowski, Lococo, Pietrangelo and Nieuwesteeg
Legion 479 - also attended by Councillor Patel
Arts & Culture Wall of Fame [photos shown]
Also attended by Councillors Lococo, Nieuwesteeg and Patel
Accessible Swing at MacBain / Wonderfalls Pass Donations [photos
shown]
Also attended by Councillors Lococo, Pietrangelo, Nieuwesteeg and
Baldinelli.
Niagara Slamboree Wrestling Event-1st Niagara Scout Group [photos
shown]
Also attended by Councillor Patel
Business Happenings [photos for each]
Sweet Mango Sugaring—Grand Opening
o Also attended by Councillor Patel
Niagara Electronics—40th Anniversary
Dr. Sadeghi – Canada Clinics & NeoTrust—Grand Opening
o Also attended by Councillors Nieuwesteeg, Patel, Lococo and
Baldinelli
Commisso’s 14th Anniversary / Project SHARE Food Drive
Coming up:
Santa Claus Parade
o Saturday, November 16th at 4PM – downtown NF
o Also kicks off the Winter Festival of Lights – (to Sun. Jan. 5)
o Deck the Halls Holiday Market- Sunday, November 17th 11-5PM
b) The next Council meetings are the following:
Special Council Meeting - Tuesday, November 26th, 2024 at 2:00 PM.
Regular Council Meeting - Tuesday, December 10, 2024 at 1:00 PM.
5. DEPUTATIONS / PRESENTATIONS
5.1. Civic Recognition - Niagara United Juventus 2011 Girls Soccer Team
Paolo Sirianni, Head Coach of the team, along with Assistant Coaches, were
in attendance to hand out awards to the team members, proudly informing
Council of the many accomplishments of the Niagara United Juventus 2011
Girls Imodel Team.
Page 2 of 15
Page 12 of 357
5.2. Fire Chief's Coin Presentation - Welland River Water Rescue - Greater
Niagara Boat Club
Fire Chief, Jo Zambito recognized the recipients of the Fire Chief's coin by
summarizing an event as it unfolded on Friday, September 13th, 2024 on the
Welland River.
5.3. Diversity, Equity and Inclusion Advisory Committee
The Chair of the DEI Committee, Ms. Marilyn Tian, made a brief presentation
to Council of which included the discussion of the following items:
Launch of the DEI Committee’s annual Awards; and
Announcement of the 2nd Annual 2025 DEI Summitt
Moved by Councillor Mona Patel
Seconded by Councillor Mike Strange
THAT Council RECEIVE the presentation made by Marilyn Tian, the Chair of
the Diversity, Equity and Inclusion Advisory Committee.
Carried Unanimously
6. PLANNING MATTERS
6.1. PBD-2024-50
AM-2024-005 – Official Plan and Zoning By-law Amendment
4709, 4725 and 4745 Bender Street, 5655 Ontario Avenue and Air Rights
Over a Portion of Ontario Avenue and Lands on the Southwest Corner of
Palmer Avenue and Bender Street
Proposal: 17 storey, 393 unit hotel and attraction
Applicant: Great Lakes Entertainment Canada Ltd.( Wynn Xie)
Agent: GSP Planning (Craig Rohe)
The Public Meeting commenced at 5:15 PM.
Andrew Bryce, provided an overview of the report PBD-2024-50.
Joedy Burdette, resident at 4480 Bridge Street, addressed Council and left
correspondence for Council to review.
Craig Rohe, Senior Planner from GSP Planning, provided a brief presentation
to Council supporting the development.
The Public Meeting closed at 5:41 PM.
Moved by Councillor Ruth-Ann Nieuwesteeg
Seconded by Councillor Chris Dabrowski
1. THAT Council APPROVE the Official Plan and Zoning By-law
Amendment application to permit the development of a 17 storey, 393
Page 3 of 15
Page 13 of 357
unit hotel and attraction on the lands subject to the recommended
regulations outlined in this report.
2. THAT Council AUTHORIZE the inclusion of a Holding (H) provision in
the amending by-law to require the submission of a revised wind impact
assessment to mitigate wind impacts and necessary off-site
agreements.
3. THAT Council AUTHORIZE the inclusion of a sunset clause in the
amending by-law to require the execution of a Site Plan Agreement
within four years of the amending by-law coming into effect, with the
possibility of a two-year extension at the discretion of the General
Manager of Planning, Building and Development.
Carried Unanimously
7. REPORTS
7.1. PBD-2024-49
AM-2024-021, Official Plan Amendment and Zoning By-law Amendment
7230 Lundy’s Lane
Proposal: 2 9-Storey Apartment Buildings With 25 Units Each.
Owner: 100045845 ONTARIO LIMITED (Anthony Menechella)
Applicant: Italia Gilberti, Sullivan Mahoney
Agent: William Heikoop, Upper Canada Consultants
William Heikoop, agent from Upper Canada Consultants, provided responses
to Councillor's questions.
Italia Gilberti, Counsel from Sullivan Mahoney, was in attendance via Zoom to
answer any questions of Council if necessary.
Moved by Councillor Mike Strange
Seconded by Councillor Ruth-Ann Nieuwesteeg
1. THAT Council APPROVE the Official Plan and Zoning By-law
Amendments to increase the permitted height to 9 storeys with a density
of 63.53 units per hectare and rezone the lands to a site-specific Tourist
Commercial (TC-1262) Zone and to a site-specific Environmental
Protection Area (EPA-1268) to permit the construction of 2 9-storey
apartment buildings consisting of 50 total residential units (25 units in
each building).
2. THAT Council AUTHORIZE the amending by-law to include a sunset
clause to require the execution of a Site Plan Agreement 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
7.2. PBD-2024-48
26T-11-2023-005, Draft Plan of Subdivision and 26CD-11-2023-010,
Common Element Condominium Applications
Page 4 of 15
Page 14 of 357
3151 Montrose Road and vacant parcel to the north
(Roll # 272510000362302)
Applicant: 100441695 Ontario Inc. (Paul Savoia)
Agent: Rachelle Larocque (thebiglierigroup)
Kira Dolch, General Manager of Planning Building and Development provided
an overview of Report PBD-2024-48.
Moved by Councillor Mona Patel
Seconded by Councillor Tony Baldinelli
1. That the Plan of Subdivision of 3151 Montrose Road be draft approved
subject to the conditions in the Appendix 4.
2. That the Plan of Common Element Condominium of 3151 Montrose
Road be draft approved subject to the conditions in the attached
Appendix 5.
3. That the Mayor or designate be authorized to sign the draft plans 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.
5. That the Mayor and City Clerk be authorized to execute the Subdivision
and Condominium Agreement(s) and any required documents to allow
for the future registration of the subdivision and condominium when all
matters are addressed to the satisfaction of the City Solicitor.
Carried Unanimously
7.3. F-2024-44
2025 Schedule of Fees
Jeff Lafontaine, of 8632 Forestview Blvd, addressed Council citing concerns
from the Report F-2024-44 and the fee structure, including the boat launch
fees. Also provided some suggestions as to how to offer free boat launch
access and to offer this advantage for being a citizen of the City of Niagara
Falls.
Moved by Councillor Chris Dabrowski
Seconded by Councillor Mike Strange
THAT Council APPROVE the attached Schedule of Fees with fees effective
January 1, 2025.
Carried Unanimously
7.4. F-2024-39
Corporation of the City of Niagara Falls, Ontario – Trust Funds Financial
Statements December 31, 2023
Page 5 of 15
Page 15 of 357
Moved by Councillor Mona Patel
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council APPROVE the draft Corporation of the City of Niagara Falls -
Trust Funds audited financial statements for the year ended, December 31,
2023.
Carried Unanimously
7.5. MW-2024-43
Union Marsh Drain Maintenance - Budget Amendment for Flow-Through
Account
Moved by Councillor Lori Lococo
Seconded by Councillor Chris Dabrowski
THAT Council APPROVE a 2024 Capital Budget Amendment to create project
STMS 60-24 for the Union Marsh Drain Maintenance with a budget of
$600,000.
Carried Unanimously
Moved by Councillor Lori Lococo
Seconded by Councillor Chris Dabrowski
THAT Council APPROVE the funding by external contributions from
benefitting property owners in the watershed including the City as a benefitting
road authority and landowner.
Carried (Councillor Pietrangelo was opposed).
7.6. R&C-2024-20
Report on Community Decision Making Pilot Project Results and Next
Steps
The City launched a Community Decision Making pilot program, making
$350,000 available from its Capital Budget to improve parks and trails
throughout the city. Residents had the opportunity to vote on the recreational
projects they wanted to see implemented.
Voting took place online from August 9, 2024, to September 18, 2024, with
523 participants.
The projects receiving the most funding based on votes are as follows:
Tree planting
Park benches
Shade structure
Bike parking
Chess/picnic tables
Pollinator meadow
Page 6 of 15
Page 16 of 357
Little Free Libraries
Misting station & bottle filler
Disc golf baskets
Natural playground
Concrete ping pong table
Moved by Councillor Lori Lococo
THAT Report R&C-2024-20 be referred to the budget process.
Not put.
Moved by Councillor Mike Strange
Seconded by Councillor Tony Baldinelli
1. THAT Council DIRECT staff to move forward with the 2024 Community
Decision-Making initiatives identified through the community survey at a
total of $350,000.
2. THAT Council APPROVE implementing the Community Decision
Making project every two years.
3. THAT staff REPORT back to council with recommendations to
determine future decision-making project initiatives.
Carried Unanimously
8. IN CAMERA SESSION OF COUNCIL
8.1. In-Camera Resolution - November 12, 2024
8.2. In-Camera Resolution - Special Meeting - Monday, November 18, 2024
Moved by Councillor Ruth-Ann Nieuwesteeg
Seconded by Councillor Victor Pietrangelo
THAT Council enter into an In-Camera session on November 12, 2024 and
THAT Council enter into an In-Camera session on Monday, November 18,
2024 for a Special In-Camera meeting.
Carried Unanimously
9. CONSENT AGENDA
Open Council Meeting recommenced at 9:19 PM (upon adjournment of the In-Camera
meeting).
9.1. R&C-2024-19
Relocation of Niagara Falls Farmers' Market
After consulting with all the market vendors, customers, and stakeholders,
senior staff have decided to permanently move the Farmers' Market back to
MacBain for the Summer 2025 season.
Page 7 of 15
Page 17 of 357
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
THAT Council RECEIVE the report, for information purposes.
Carried Unanimously
10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
10.1. Flag-Raising Request - National Day of Romania
The attached correspondence outlines a request for Council to approve a flag
raising ceremony at City Hall on Monday, December 2, 2024 for the "National
Day of Romania."
Recommendation: THAT Council APPROVE a flag-raising ceremony at City
Hall on Monday, December 2, 2024 for the "National Day of Romania."
10.2. Flag-Raising Request - Christian Heritage Month
Attached is a request from the Christian Heritage Foundation for Council to
approve a flag-raising ceremony for Monday, December 2, 2024 at City Hall to
recognize Christian Heritage Month.
Recommendation: THAT Council APPROVE a flag-raising ceremony for
Monday, December 2, 2024 at City Hall to recognize Christian Heritage Month.
10.3. Flag-Raising Request - HIV/AIDS Awareness Week, World AIDS Day and
Indigenous HIV/AIDS Awareness Week
Positive Living Niagara is requesting Council to approve a flag raising
ceremony on Thursday, November 21, 2024 to recognize HIV/AIDS Awareness
Week (November 24- December 1, 2024), World AIDS Day (December 1,
2024) and Indigenous HIV/AIDS Awareness Week (December 1 - December 8,
2024).
Recommendation: THAT Council APPROVE a flag raising ceremony on
Thursday, November 21, 2024 to recognize HIV/AIDS Awareness Week
(November 24- December 1, 2024), World AIDS Day (December 1, 2024) and
Indigenous HIV/AIDS Awareness Week (December 1 - December 8, 2024).
10.4. Proclamation Request - Lung Cancer Awareness Month
Attached is a request for Council todeclare November 2024 as Lung Cancer
Awareness Month to raise awareness for lung cancer and lung cancer
screening.
Recommendation: THAT Council declare November 2024 as Lung Cancer
Awareness Month to raise awareness for lung cancer and lung cancer
screening.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Chris Dabrowski
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THAT Council APPROVE/SUPPORT Items #10.1 through to Item #10.4.
Carried Unanimously
11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
11.1. Resolution - Town of Fort Erie - Request Provincial Funding Remain
Available to Support Fort Erie's Primary Care Initiative
Attached is a resolution from the Town of Fort Erie supporting Fort Erie's
Primary Care Initiative.
Moved by Councillor Lori Lococo
Seconded by Councillor Chris Dabrowski
THAT Council SUPPORT the resolution from the Town of Fort Erie pertaining
to the request for Provincial Funding remaining available to support Fort Erie's
Primary Care Initiative.
Carried Unanimously
11.2. Resolutions - Niagara Peninsula Conservation Authority (NPCA)
The following resolutions were passed at the NPCA's Board of Director's
meeting held on October 18, 2024 pertaining to:
1) the Ontario Deposit Return Program Expansion.
2) Draft Watershed-based Resource Management Strategy.
Recommendation: THAT Council RECEIVE for information.
(See below for resolution)
11.3. Correspondence from the Niagara Region
Attached is correspondence sent from the Niagara Region regarding the
following matters:
1. CLK-C 2024-111 CSD 44-2024 - Waste Management 2025 Operating
Budget and Requisition.
2. CLK-C 2024-115 Motion - OBDM Solve the Crisis Campaign. -
Homelessness, Mental Health and Addictions Support
Moved by Councillor Lori Lococo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council SUPPORT the resolution from the Niagara Region (CLK-C
2024-115) pertaining to the Ontario Big City Mayors (OBDM) Solve the Crisis
Campaign.
Carried Unanimously
11.4. Correspondence from Good Roads Board of Directors - Establishment of
an Ontario Rural Road Safety Program
Attached is a resolution from the Good Roads Board of Directors pertaining to
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an Ontario Rural Road Safety Program.
Moved by Councillor Lori Lococo
Seconded by Councillor Tony Baldinelli
THAT Council SUPPORT the resolution from the Good Roads Board of
Directors pertaining to an Ontario Rural Road Safety Program.
Carried Unanimously
11.5. Petition - No New Niagara Quarry
Attached is a petition received pertaining to Uppers Quarry.
Recommendation: THAT Council RECEIVE for information.
(See below for resolution)
11.6. Media Release - 2025 Mayor's Proposed Capital Budget Book and 2025
Mayor’s Proposed Parking Budget Book (updated to include media
release for proposed parking budget)
Attached is a copy of the media release regarding the proposed 2025 capital
budget and for the 2025 proposed parking budget.
Recommendation: THAT Council RECEIVE for information.
(See below for resolution)
11.7. Resolution - City of Cambridge - Homelessness, Mental Health, Safety
and Addiction Costs
Attached is a motion passed by the Council of the Corporation of the City of
Cambridge at its meeting on November 5, 2024 regarding Homelessness,
Mental Health, Safety and Addiction Crisis.
Recommendation: THAT Council RECEIVE for information.
Moved by Councillor Chris Dabrowski
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council RECEIVE for information Item #11.2, #11.5, #11.6 and #11.7.
Carried Unanimously
12. RATIFICATION OF IN-CAMERA
a) Ratification of In-Camera
Moved by Councillor Tony Baldinelli
Seconded by Councillor Lori Lococo
THAT Council met to discuss a matter that falls under the exception of Section
239 (2) (e), litigation or potential litigation including matters before
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administrative tribunals, affecting the municipality or local board, regarding an
OLT matter;
THAT Council APPOINT the following 3 citizens to the Accessibility Advisory
Committee for the duration of the current term of Council: Pam Sharpe, Ryan
Joy Chittilapilli and Patricia Beu;
THAT Staff be DIRECTED to enter an Agreement of Purchase for acquisition
of 9.26 hectares of shoreline lands from Ontario Power Generation and THAT
Staff be DIRECTED to enter a Land Swap Agreement with Ontario Power
Generation for lands generally described as: a Chevron Looking parcel within
OPG Canal Lands Ownership, being a forced Rd lying Between Oakwood Dr &
Dorchester Rd. and; a portion of Dorchester Road Allowance located between
the CP Railway crossing and the Conrail Drain; That the Mayor and City Clerk
be AUTHORIZED to execute all necessary Agreements and corresponding
documents; and,THAT Council APPROVE a 2024 Capital Budget Amendment
to increase project G4 - Land Purchases by $160,000, funded from Parkland
Dedication Obligatory Reserves.
THAT Council APPROVE a cooperative procurement through Kinetic GPO with
CDW Canada Inc. in accordance with By-Law No. 2021-04, and AUTHORIZE
the General Manager of Corporate Services to execute the necessary
documents for the provision of Managed Cyber Security through CDW Canada
Inc. with Arctic Wolf for a 3 year contract, year 1 at $142,000, year 2 at
$220,000, year 3 at $228,000 with a targeted go live of Dec 13th, 2024;
THAT Council REFER a one-time operating budget pressure of approximately
$150,000 to the 2025 operating budget process, to be funded by the tax
stabilization reserve.
Carried (Councillor Lococo was opposed to the appointments of the
Accessibility Advisory Committee only)
13. NOTICE OF MOTION/NEW BUSINESS
13.1. NOTICE OF MOTION -Strengthening Existing System of Mandatory
Mental Health Care
Attached is a request for a Notice of Motion from Mayor Diodati regarding
strengthening existing system of mandatory health care.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council waive the procedural by-law to allow for the discussion of Mayor
Diodati's Notice of Motion pertaining to Strengthening Existing System of
Mandatory Mental Health Care.
Carried (Councillor Lococo was opposed).
Moved by Mayor Jim Diodati
Seconded by Councillor Ruth-Ann Nieuwesteeg
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THAT Council APPROVE the resolution (attached) pertaining to Strengthening
Existing System of Mandatory Mental Health Care.
Carried (Councillor Lococo was opposed).
13.2. NOTICE OF MOTION - Waiving of Section 15.3 of Procedural By-Law - re:
2025 Budget Discussions on November 26, 2024 December 10, 2024 and
January 21, 2025
Attached is a request for a Notice of Motion from Councillor Lococo requesting
the waiving of Section 15.3 of Procedural By-Law.
13.3. NOTICE OF MOTION - Waiving of Section 15.3 of Procedural By-Law - re:
Strengthening existing system of mandatory mental health care
Attached is a request for a Notice of Motion from Councillor Lococo requesting
the waiving of Section 15.3 of Procedural By-Law.
Removed this Notice of Motion, as per request of Councillor Lococo.
Moved by Councillor Mike Strange
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council EXTEND the curfew past 10:00 PM to continue the Council
meeting.
Carried Unanimously
14. MOTIONS
14.1. Motion - Provincial Government Increase "Heads and Bed" Levy for
Ontario Municipalities
Councillor Lori Lococo brought forth the attached motion regarding the
Provincial Government Increase "Heads and Beds" levy for Ontario
Municipalities.
Moved by Councillor Mike Strange
Seconded by Councillor Chris Dabrowski
THAT the motion pertaining to the provincial government's increase in "Heads
and Bed" Levy for Ontario Municipalities be DEFERRED for two Council cycles
and that Staff bring back a report to include further information outlining the
implications of this increase.
Carried (Councillor Pietrangelo was opposed).
14.2. Motion - Access to Affordable Transportation
Attached is a request for a Notice of Motion from Councillor Mona Patel
regarding access to affordable transportation.
Moved by Councillor Mona Patel
Seconded by Councillor Chris Dabrowski
THAT Staff ENGAGE with Niagara Region Transit for the purpose of
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accomplishing the following:
Ensure access to free or affordable transportation by providing reduced rates
and enhancing accessibility, which is critical for individuals utilizing essential
services including, but not limited to, food banks in Niagara Falls.
Carried (Councillor Lococo was opposed).
Moved by Councillor Mona Patel
Seconded by Councillor Chris Dabrowski
THAT Staff ENGAGE with Niagara Region Transit for the purpose of accomplishing
the following:
See to that services are affordable, reliable, and accessible, potentially
accomplished by expanding the transfer time fare window from 2 hours to 3
hours. This would help households reach food programs without paying for two
separate trips. Additionally, exploring a pilot project that offers zero-cost bus
access could enable many individuals to not only reach the food bank but also
return home with the food they receive.
Carried Unanimously
No. 17 - Resolution - from Councillor Patel - Access to Affordable
Transportation
15. BY-LAWS
2024-
109.
A by-law to provide for the adoption of Amendment No. 174 to the City of
Niagara Falls Official Plan (OPA #174).
2024-
110.
A by-law to amend By-law No. 79-200, to permit the use of the Lands for two
apartment dwellings, containing a total of 50 dwelling units, and to protect a
portion of a Significant Woodland and associated buffer on a portion of the
Lands, subject to a 3-year sunset clause. (AM-2024-021).
2024-
111.
A by-law to amend the by-law to provide for citizen appointments to certain
Committees, Boards and Commissions.
2024-
112.
An amending by-law to provide for Council Member appointments to certain
Boards, Commissions and Committees.
2024-
113.
A by-law to fees and charges for various services, licences and publications for
the City of Niagara Falls.
2024-
114.
A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and
traffic on City Roads. (Yield Signs, Loading Zones, Limited Parking).
2024-
115.
A by-law to adopt, ratify and confirm the actions of the City Council at its
meeting held on the 12th day of November, 2024.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT the by-laws be read a first, second and third time and passed.
Carried Unanimously
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16. ADJOURNMENT
a) Adjournment
Moved by Councillor Tony Baldinelli
Seconded by Councillor Chris Dabrowski
THAT Council AJOURN the meeting at 10:18 PM.
Carried Unanimously
Mayor
City Clerk
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The City of Niagara Falls, Ontario
Resolution
November 12, 2024
No. 17 – Motion regarding Access to Affordable Transportation
Moved by: Councillor Mona Patel
Seconded by: Councillor Chris Dabrowski
Whereas data shows Niagara Falls has highest per capita food bank usage in province, with 1
in 7 Niagara Falls residents using food bank.
Whereas the need for Niagara Falls emergency food program has grown “alarmingly” during the
past year.
Whereas according to Daily bread’s annual Who’s Hungry survey, two-thirds of clients reported
having to miss a meal to pay for another expenses. Close to half of these respondents had to
skip a meal to afford transportation.
Whereas they can’t buy $6 dollars per round trip for bus tickets.
Whereas that money should be used to purchase food and necessities not bus tickets.
Therefore, be it resolved that Staff engage with Niagara Region Transit for the purpose of
accomplishing the following:
1. Ensure access to free or affordable transportation by providing reduced rates and
enhancing accessibility, which is critical for individuals utilizing essential services
including, but not limited to, food banks in Niagara Falls.
2. See to that services are affordable, reliable, and accessible, potentially accomplished by
expanding the transfer time fare window from 2 hours to 3 hours. This would help
households reach food programs without paying for two separate trips. Additionally,
exploring a pilot project that offers zero-cost bus access could enable many individuals
to not only reach the food bank but also return home with the food they receive.
.AND The Seal of the Corporation to hereto affixed. Carried
WILLIAM G.MATSON JAMES M.DIODATI
CITY CLERK
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MINUTES
Special Council
Meeting
Capital & Parking Budgets
2:00 PM - Tuesday, November 26, 2024
Council Chambers/Zoom App.
The Special Council Meeting of the City of Niagara Falls was called to order on Tuesday,
November 26, 2024, at 2:22 PM, in Council Chambers, with the following members present:
COUNCIL
PRESENT:
Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Chris Dabrowski,
Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, Councillor
Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange
COUNCIL
ABSENT: Councillor Wayne Campbell
STAFF
PRESENT:
Jason Burgess, Bill Matson, Tiffany Clark, James Dowling, Kathy
Moldenhauer, Kira Dolch, Erik Nickel, Shelley Darlington, Chief Jo
Zambito, Travis Jeffray, Heather Ruzylo
Dave Etherington, Kent Schachowskoj (attended via Zoom)
1. CALL TO ORDER
The meeting was called to order at 2:22 PM.
2. DISCLOSURES OF PECUNIARY INTEREST
a) Councillor Victor Pietrangelo declared a conflict of interest to the following:
Montrose/Biggar Reconstruction
Lyon's Creek/Willowdell
South Hospital Secondary Plan (Councillor and his family own property
that will be affected).
2025 Rural Surface Treatment Program (Councillor's parents live on one
of the affected rural road segments).
3. IN CAMERA SESSION OF COUNCIL
3.1. In-Camera Resolution - Special Meeting of November 26, 2024
3.2. In-Camera Resolution - Special Meeting of December 4, 2024
Moved by Councillor Mike Strange
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council enter into an In-Camera session on November 26, 2024 and
December 4, 2024.
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Carried Unanimously
4. REPORTS
Council resumed open Council meeting at 5:03 PM.
4.1. F-2024-41
Mayor's Proposed Draft 2025 Parking Budget
Moved by Councillor Mike Strange
Seconded by Councillor Victor Pietrangelo
1. THAT Council APPROVE the three (3) new Full Time Equivalent (FTE)
position requests outlined in attachment 2.
2. THAT Council APPROVE the closure and reallocation of the Parking
Reserve Fund with $125,000 of the current funds to be transferred to the
Parking Stabilization Special Purpose Reserve and the remainder to be
transferred to the Parking - unallocated Capital Special Purpose
Reserve.
Should Council be satisfied all possible amendments have been
considered:
3. THAT Council shorten the 30 day review period (November 8, 2024 to
December 8, 2024), allowed under the Strong Mayors Act, by 12 days,
such that the review period ends on November 26, 2024.
No amendments were made and recommendation #3 has been
approved to shorten the review period, then the budget will be deemed
adopted as of November 26, 2024.
Carried Unanimously
4.2. F-2024-42
2025 City of Niagara Falls Mayor’s Proposed Capital Budget
Moved by Councillor Mike Strange
Seconded by Councillor Ruth-Ann Nieuwesteeg
1. THAT list of projects proposed to be closed including the associated
transfers to/from reserves and reserve funds, as outlined in Attachment
4, BE APPROVED; and
2. THAT the two (2) parks-related budget amendments to swap funding
from capital special purpose reserves to OLG reserves, as outlined in
Attachment 5, BE APPROVED; and
3. THAT the two (2) budget adjustments adding funds to existing projects
and the three (3) new projects to undertake immediate work and
facilitate the closure of exiting projects, as outlined in Attachment 6, BE
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APPROVED; and
4. THAT the three (3) budget amendments swapping Wet Weather
Management Grant Funding from Niagara Region for Capital Special
Purposes Reserves, out outlined in Attachment 7, BE APPROVED; and
5. THAT Council APPROVE the Community Decision Making Project
(R&C-2024-20) to be undertaken on a 2-year cycle funded annually in
the capital budget; and
6. THAT Council DIRECT staff to report back with a list of potential
initiatives prior to the start of the next community decision making
engagement exercise; and
7. THAT Council DIRECT staff to report back to Council for formal
approval of debt financing outlined in Attachment 1, once the 2025
Mayor’s Proposed Capital Budget has been deemed adopted; and
Carried Unanimously
Moved by Councillor Mike Strange
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council APPROVE the two (2) new Full Time Equivalent (FTE) position
requests as outlined in Attachment 8, fully funded by the capital budget.
Carried (Councillor Lococo opposed).
Moved by Councillor Mike Strange
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council REFER any decision regarding an increase to the annual
Capital Levy; and REFER this budgetary pressure to the operating budget
process.
Carried Unanimously
Moved by Councillor Lori Lococo
(pertaining to the NS&T Trail)
WHEREAS over the next 10 years, this project is estimated to cost over $12
million in new capital.
WHEREAS the funding will be paid for through Development Charges but there
will also be operating costs for staff to maintain the trail.
WHEREAS the Development Charges could be utilized for other growth
projects that are needed.
WHEREAS considering the hard economic times that the residents of Niagara
Falls are experiencing, the budget should reflect needs instead of wants.
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THEREFORE be it resolved that this project be deferred.
Not Put.
Moved by Councillor Lori Lococo
Pertaining to the Civic Square Enhancements,
WHEREAS considering the hard economic times that the residents of Niagara
Falls are experiencing, the budget should reflect necessary capital projects.
WHEREAS the staff report outlined the basic wedding services that people
were looking for and that the additional expenses may not result in additional
income.
THEREFORE be it resolved that this project be deferred.
Not Put.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Ruth-Ann Nieuwesteeg
THAT Council APPROVE an amendment to the 2025 Mayor’s Proposed
Capital Budget to add one project, for an accessible swing to be installed in the
City with a project total of $150,000 to be funded from WonderFalls Pass
Capital Special Purpose Reserve and Parks Capital Special Purpose Reserve.
Carried Unanimously
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Lori Lococo
THAT Council DIRECT staff to report back with recommendations to deal with
the phragmites in the Fernwood subdivision stormwater management pond
during the 2025 Tax Levy Supported Operating Budget deliberations in
January 2025.
Carried Unanimously
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
THAT Council shorten the 30-day review period (November 6, 2024 to
December 5, 2024), allowed under the Strong Mayors Act, by nine (9) days,
such that the review period ends on November 26, 2024.
Amendments have been made, and as such, Council considered the following
recommendation.
Should the Mayor be satisfied that he will not exercise his veto rights to
Council’s amendments:
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THAT the Mayor SHORTENED his 10-day veto period by 10 days, by providing
written documentation to members of Council and the Municipal Clerk to
shorten the veto period, such that the veto period ends on November 26, 2024,
thereby allowing the Mayor's Proposed Draft 2025 Capital Budget to be
deemed adopted on November 26, 2024.
Carried (Councillor Lococo was opposed and Councillor Patel was
absent from this vote).
5. RATIFICATION OF IN-CAMERA
a) Ratification of In-Camera
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Mike Strange
Direction was provided to Staff on the matters discussed In-Camera.
Carried Unanimously
6. BY-LAWS
2024-
119.
A by-law to adopt, ratify and confirm the actions of the City Council at its
meeting held on the 26th day of November, 2024.
Moved by Councillor Victor Pietrangelo
Seconded by Councillor Tony Baldinelli
THAT the by-law be read a first, second and third time and passed.
Carried Unanimously
7. ADJOURNMENT
a) Adjournment
Moved by Councillor Chris Dabrowski
Seconded by Councillor Tony Baldinelli
That Council ADJOURN the meeting at 6:44 PM.
Carried Unanimously
Mayor
City Clerk
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1
Heather Ruzylo
To:Clerk
Subject:RE: [EXTERNAL]-Innovation Hub - St. Patrick Catholic NF
From: Curcio, Eduard <eduard.curcio@ncdsb.com>
Sent: Thursday, December 5, 2024 10:31 AM
To: Clerk <clerk@niagarafalls.ca>
Subject: [EXTERNAL]-Innovation Hub - St. Patrick Catholic NF
Dear Niagara Falls City Council,
I hope this letter finds you well. I’m a grade 8 teacher at St. Patrick Catholic Elementary School. I’m
writing to share the exciting experience that my grade 8 class recently had at the Niagara Falls Innovation
Hub. Our students were thrilled to participate in the E=STEAM (Entrepreneurship = Science, Technology,
Engineering, Arts & Math) program, designed to ignite their creativity and problem-solving skills.
During their visit, the students took on the role of consultants, tasked with designing and advertising a
new development space on the current site of Marineland. This real-world project allowed them to
explore various aspects of their curriculum, engaging with subjects such as mathematics, media
literacy, financial literacy, drama, and language. The hands-on approach encouraged collaboration,
teamwork, and creativity, essential skills for their future endeavors.
At the Innovation Hub, students utilized the Makerspace for building prototypes of working vehicles, the
Podcast Studio to develop their debating skills representing a specific point of view, and the Media
Centre to create a short video promoting their ideas for the new development. They were also introduced
to 3D printing technology and used “Hub Bucks” to budget for their projects in the Think Tank. This
unique blend of learning opportunities not only made the experience enjoyable but also deeply
educational, and allowed students to work with materials that might not always be available in the
classroom.
As a teacher, I try to design lessons that best involve the six learning skills when possible. The Innovation
Hub serves as a dynamic environment that actively fosters these six learning skills and work habits
outlined in the Ontario curriculum: responsibility, organization, independent work, collaboration,
initiative, and self-regulation.
Within this hub, students are encouraged to take responsibility for their projects by setting goals and
adhering to deadlines, thereby enhancing their sense of accountability. The structured layout and
resources available promote organization, allowing learners to manage their tasks
efficiently. Independent work is emphasized as students engage in taking on different responsibilities
within a group, cultivating their ability to think critically and solve problems specific to their
role. Collaboration is at the heart of the hub, with numerous opportunities for students to work in teams,
sharing ideas and expertise to achieve common goals. Additionally, the Innovation Hub inspires initiative
by providing a platform for students to explore their interests and innovate solutions to real-world
problems. Finally, self-regulation is nurtured through activities that require students to reflect on their
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2
progress and adjust their strategies accordingly. Together, these elements create an enriching
educational experience that aligns perfectly with the goals of the Ontario curriculum, which in turn
promotes the spirit of lifelong learning within the student, as well as good citizenship.
The feedback from students was overwhelmingly positive, which was not only the result of the activities,
but also the staff responsible for each workspace. The staff’s expertise and enthusiasm were very
infectious, and made the experience even more memorable for the students. Our grade 8’s left the
Innovation Hub inspired and eager to implement what they learned in their future studies and projects.
We genuinely appreciate the support of the City Council in any way, in making such enriching programs
available to our students. Thank you for your continued commitment to fostering innovative learning
experiences in Niagara Falls. We look forward to more opportunities like this in the future.
Sincerely,
Mr. E. Curcio
Grade 8 Teacher
St. Patrick Catholic NF
Please consider the environment before printing this email.
This email, including any attachments, is the property of the Niagara Catholic District School Board. This information is intended only for the use of the individual to whom, or entity to which, it is addressed and may contain information that is privileged, confidential and exempt from disclosure under the Municipal Freedom of
Information and Protection of Privacy Act. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you received this transmission in error, please notify the sender immediately and then permanently delete this message.
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 33 of 357
To Whom It May Concern,
My name is Andrew, and I am an 8th-grade student at St. John Henry Newman. I am writing
to share how much I enjoyed the incredible experience I had at the Niagara Innovation Hub.
Throughout this experience, I was able to work on exciting projects that allowed me to
learn, create, and grow in ways I never expected.
One of the most rewarding parts of my time at the hub was working on creating an eco-
friendly city. I had the chance to collaborate with my peers and think creatively about how
we can build a sustainable town. The guidelines made the challenge tough but me and my
team persevered and designed the best city ever.
In addition to this, I also had the chance to design and build an off-road vehicle. This project
was particularly exciting because it challenged me to combine my knowledge of
engineering, design, and functionality. It was amazing to see the final product come
together, and I am proud of what we accomplished.
Finally, I created a podcast at the Niagara Innovation Hub. We argued over what we should
do with the land mass at marineland. It was a great way to showcase the work we were
doing and share the excitement of innovation with others.
Overall, this experience at the Niagara Innovation Hub has been unforgettable, and I am
super grateful for the opportunity to participate in projects such as those. I have learned so
much about innovation, sustainability, and collaboration, and I am excited to apply these
lessons in the future.
Thank you for your time and for supporting students like me in exploring new possibilities
for a better world.
Sincerely,
Andrew
8th Grade Student, St. John Henry Newman
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ENERGY
AFFORDABILITY
PROGRAM (EAP)
HOME
WINTERPROOFING
PROGRAM (HWP)
The information inside is intended as a program overview; marketing/advertising materials are provided by IESO and Enbridge.
Page 35 of 357
2
WHO WE ARE
We are an energy efficiency company that helps
deliver energy conservation programs.
CLEAResult delivers the Energy Affordability
Program (EAP) on behalf of the IESO under the Save On Energy initiative, and the Home Winterproofing Program (HWP) on behalf of
Enbridge Gas.
EAP and HWP programs are offered in Ontario
where we service regions with postal districts
starting with L, N, M and P.
*CLEAResult services K Postal Code for Energy Saving Kits ONLY
PROGRAM OVERVIEW
EAP and HWP are electric and gas energy-saving initiatives, respectively.
They are directed towards income-eligible individuals/families in Ontario.
These two programs are delivered together to streamline the process and save participants' time.
Both programs aim to help eligible individuals and families reduce their
home energy bills and enhance the comfort level of their homes by
offering them energy upgrades that are 100% free of charge.
FREE
Home Energy Upgrades
Checkout the websites!
EAP: https://saveonenergy.ca/For-Your-Home/Energy-Affordability-Program
HWP: https://www.enbridgegas.co m/en/residential/rebates-energy-conservation/home-winterproofing-program
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3
WAYS TO QUALIFY
There are three ways to qualify for EAP and/or HWP depending on whether your home and water is heated electrically or by gas*.
Additionally, under EAP, applicants can qualify under one of two tiers based on income. Each tier offers different types of energy upgrades.
Eligibility Route 1:
Residents of eligible Social Housing Providers
Eligibility Route 2:
Recipients of one of the following benefits in the past 12 months:
•Ontario Disability Support Program (ODSP)
•Healthy Smiles Ontario Child Dental Program
•Low-Income Energy Assistance Program (LEAP)
•Ontario Electricity Support Program (OESP)
•Allowance for the Survivor
•Guaranteed Income Supplement
•Allowance for Seniors
•Ontario Works Program
Eligibility Route 3:
Households with combined before-tax income of all working adults that is less than the corresponding thresholds:
*If you qualify for EAP, you automatically qualify for HWP. Both programs are delivered together to streamline the process and save participants' time.
**Total number of residents in the home including non-working adults
Household Size**TIER 1 TIER 2
1 $45,322 $67,144
2 $64,095 $94,955
3 $78,499 $116,295
4 $90,643 $134,287
5 $101,343 $150,132
6 $111,015 $164,467
7+$119,910 $164,467
Page 37 of 357
4
TIER 1
The following are the upgrades available under Tier 1:
Basic Upgrades – LED bulbs, power bars, efficient faucets
aerators and showerheads, weather stripping and drying racks.
Extended Upgrades* – Fridges, freezers, window A/C’s,
portable dehumidifiers, and smart thermostats.
Insulation and Draft Proofing* – Attic, exterior walls, and
basement insulation as well as comprehensive draft proofing.
** If heat source is gas, Enbridge provides insulation, if heat source is electric, IESO provides insulation
Heat Pumps* – Cold climate air source heat pump systems.
In 2023, EAP/HWP installed:
121,514 basic upgrades
20,817 extended upgrades
1,720 insulation/draft proofing home projects
55 heat pumps
(Note: heat pumps offering started in November 2023)
FUN
FACTS
*Subject to qualification - Qualifying for the program does not guarantee qualifying for these upgrades.
Page 38 of 357
5
COLD CLIMATE AIR SOURCE
HEAT PUMPS (CCASHP)
ccASHPs are dual-action systems that
run on electricity to heat and cool your
home year-round - winter AND
summer!
Beyond heating and cooling, a heat
pump also dehumidifies and filters the air in your home.
The average
cost of purchasing and
installing a ccASHP
starts at $20,000.
DID YOU
KNOW?
In addition to helping fight climate change by lowering greenhouse
gas emissions, ccASHPs can also reduce household utility expenses by up to 50% on the heating portion of electricity bills*.
ccASHP are offered for FREE to income-qualified applicants with
electrically heated homes.
Source: Fresh Energy
*Compared to home heating from an electric furnace or baseboard.
Page 39 of 357
6
TIER 2
Under Tier 2, applicants can receive a self-install energy-saving kit. While kits can vary, kits can include any/all the following upgrades:
Basic Upgrades – LED light bulbs, night light, block heater
timer* and drying rack
Qualifying Upgrades* – Efficient faucet aerators and
showerheads
Weatherstripping*
*Subject to qualification - Qualifying for the program does not guarantee qualifying for these upgrades.
Page 40 of 357
7
FAQS
Is everything really for free?
Our programs are 100% free of charge to eligible participants. We will never ask for any payment information. Participants do not have to pay anything to apply, and we are
responsible for all costs including audits, materials and labour.
How long does it take to go through the program?
It depends on what participants qualify for. If participants are
receiving basic and extended upgrades, insulation and a ccASHP,
completion can take 3-6 months.
Some participants can get through the program within 3 months, if
they do not qualify for multiple upgrades.
My home is a rental. Can I still qualify?
Renters can apply for the program but final approvals for upgrades
to landlord-owned appliances and home insulation will be up to the
landlord. **we do not discuss how renters qualified for the program
with the landlord and never share financial information.
I thank you so much for insulating
my attic and for the energy
efficient light bulbs. I appreciate
all that was done – Cynthia
[Mar. 7, 2023 ∙ St Catharines]
CUSTOMER TESTIMONIALS
Thank you SO MUCH!!!! I am so
grateful you have no idea. My
Fridge right now is so bad, I
have to carefully buy and place
things in it so that they don't
freeze because the settings
don't work properly, and I
haven't been able to fix it. I am
so excited!! – Kaela
[Dec. 13, 2023 ∙ Thunder Bay]
Thank you for giving a lovely
stand-up freezer, it will make it so
much easier to save me money
on hydro. The delivery man was
careful and kind. – Virginia
[Mar. 23, 2023 ∙ Milton]
Page 41 of 357
CALL CENTRE
Phone:1-888-386-1185
E-mail: Onhomeupgrades@clearesult.com
SOCIAL HOUSING TEAM
E-mail: housingoutreach@clearesult.com
OUTREACH TEAM
Phone:289-274-4080
E-mail: OutreachEAPHWP@clearesult.com
CONTACT US
Page 42 of 357
HOUSING
AFFORDABILITY IN
NIAGARA FALLS
NAR PRESENTATION TO NIAGARA FALLS CITY COUNCIL
DECEMBER 2024
Page 43 of 357
WELCOME
NATHAN MORRISSETTE
2024 CHAIR
NIAGARA ASSOCIATION OF REALTORS®Page 44 of 357
Page 45 of 357
Page 46 of 357
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Page 48 of 357
Page 49 of 357
NIAGARA
REALTOR®
SOLUTIONS
NAR’s policy
proposals to build
more homes &
stronger communities
NAR’S POLICY
RECOMMENDATIONS FOR
NIAGARA FALLS:
1.CIP for Rental Housing
2.Leverage Surplus Land
3.Standardize Permits, Planning &
Fees
Page 50 of 357
THANK YOU!Page 51 of 357
COMM-2024-02
Report
Report to: Mayor and Council
Date: December 10, 2024
Title:
Physician Recruitment Update and 2025 Budget
Consideration
Recommendation(s)
1. THAT Council RECEIVE Staff Report COMMS-2024-02 Physician Recruitment
Update and 2025 Budget Consideration as information.
2. THAT Council refer the funding decision for the Family Physician Recruitment
program to the 2025 Tax Levy Supported Operating Budget.
Executive Summary
Since 2000, the City of Niagara Falls has managed a Physician Recruitment program to
attract more family doctors. The program has an annual budget of $300,000, which
provides incentives of up to $50,000 per physician (plus moving expenses in some
cases) for coming to the City to practice family medicine. There are 40 practicing family
doctors and a shortage of 36, the largest among Niagara Regional municipalities.
Increasing the incentive amount could encourage more doctors to locate in the City of
Niagara Falls beginning in 2025.
Background
Since 2000, the City of Niagara Falls has managed a Family Physician Recruitment
program in response to the shortage of family physicians. The program has included:
Staff support for recruitment and retention efforts as an added responsibility to
the now Director of Communications portfolio since 2002;
Funding to assist family physicians with costs related to practice start-up or
relocation, with a five-year return of service stipulation, for the establishment of a
new practice; and,
Collaborating with McMaster University’s School of Medicine by participating in
orientation day activities for new students and organizing meet-and-greet
opportunities to connect local physicians with medical residents.
Collaboration with Regional Recruitment
The Director of Communications works in conjunction with the Niagara Region’s
Physician Recruiter, who is the contact for family physicians interested in working in the
Region and refers the physician to the City. The Regional Recruiter is also responsible
for reviewing the physician’s licensure and eligibility to practice and coordinates
quarterly meetings of the municipal physician recruitment program representatives. City
Page 1 of 5
Page 52 of 357
staff serve as the relocation resource for prospective physicians, providing information
about practice opportunities, spousal employment, schools, real estate, and incentives
provided by the City of Niagara Falls.
City of Niagara Falls Physician Recruitment Funding & Incentives
There is currently $300,000 available annually to recruit family physicians to the City of
Niagara Falls ($200,000 from special reserves and $100,000 from the tax levy). City
Council approves program funding each year through the Budget process. The level of
funding has remained consistent in recent years, although it is challenging to predict
physician interest in the community.
The incentives include $50,000 to eligible family doctors, plus moving expenses up to
$20,000 (depending on where the physician is relocating from). The incentive is offered
through an agreement authorized by City Council for a return of service. The contract
states a physician must establish or join a full-time medical practice in the City of
Niagara Falls for at least five years to receive the incentive.
Since 2005, the City has spent slightly more than one (1) million dollars on incentives.
Over the same period, only three (3) incentivized physicians left the City. Two (2)
returned to their home province/country and repaid a portion of their incentives, and one
relocated within Niagara after completing their five (5) year Return of Service
Agreement.
Of the 40 family physicians practicing in the City of Niagara Falls in 2024, 28 received
City incentives.
Analysis
There are currently 40 family physicians practicing in the City. Based on an average
practice size of 1,380 patients, the City should have 76, resulting in a shortage of 36
doctors – the highest among Niagara’s municipalities.
There is a general shortage of family physicians across Canada, and the City of Niagara
Falls has been disproportionately impacted over the years for several reasons:
Limited opportunities within existing groups in Niagara Falls.The three
Family Health Organizations in Niagara Falls have had limitations based on
space and Ministry of Health stipulations.
Lack of configured office space. Many physicians traditionally ran their
practices out of houses or small facilities.
Paper-based systems deterred new graduates from joining older practices.
An aging physician population. Many currently practicing doctors have twice
the number of patients that newer doctors are willing to take on, as they want a
better quality of life. When an older physician retires or passes away, essentially
two (2) new doctors are required to take over their patient roster.
Page 2 of 5
Page 53 of 357
Available opportunities within groups have recently increased and configured office
space has improved in the last several months.
The Case for Incentivizing Family Physicians
Over the past three (3) years, half (52%) of the doctors recruited to the Niagara Region
have come from outside of Canada, and nearly three-quarters (71%) from outside of
Ontario. The costs of relocating can be cumbersome, particularly among recent medical
school graduates who may have significant student debt. Furthermore, significant
upfront costs are often required to establish a practice and purchase equipment before
generating income.
Incentivizing family physicians has become the de facto recruitment strategy for
municipalities across Canada. In Niagara, for example, the City of Welland offers up to
$100,000 per doctor with Fort Erie and Port Colborne offering up to $75,000. If a doctor
were interested in practicing in the Niagara Region, the highest-incentivizing
municipality could be the most successful. In fact, the City of Welland reduced their
physician shortage by 50% in 2024 by introducing a $100,000 incentive to successfully
attract ten (10) new doctors.
Proposed 2025 Incentive
The City of Niagara Falls’ current annual physician recruitment budget of $300,000
could, in theory, attract six (6) new doctors per year, meaning all else equal, the
shortage could be closed in six (6) years. However, Table 1 below provides a
breakdown of the number of physicians who received incentives in the previous four (4)
years, showing fewer than six (6) per year have been recruited yearly based on the
current incentive of $50,000.
Table 1: Recent Physicians and Incentives
2024
Projected
2023 2022* 2021*
Physicians who received
incentives
4 6 - 1
Incentives paid/committed $256,000 $309,000 $- $71,000
*Note that COVID impacted recruitment in 2021 and 2022.
In addition to the current shortage, five (5) of the 40 practicing physicians are over 65.
Increasing the annual program budget to $1 million and offering a maximum incentive of
$100,000 per doctor would align with the City of Welland and make Niagara Falls a
more attractive alternative within Niagara and Canada. This would be timely as family
medicine training will move from two (2) to three (3) years in 2027, resulting in a year
with no graduates and increased competition to attract newly graduating doctors.
Operational Implications and Risk Analysis
Page 3 of 5
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Expanding the program budget would have little to no operational impact, as the
program is already administered by the Director of Communications.
Increasing the incentive, particularly in relation to local municipalities, effectively
amounts to an ‘arms race.’ As other municipalities’ family physician shortages increase,
they may increase their incentives accordingly, resulting in future shortages in the City
of Niagara Falls. Focusing on coordinated funding efforts at a regional level may yield
more positive long-term results, although it is unclear how equitable the program would
be across the region.
Financial Implications/Budget Impact
There is currently $300,000 available annually to recruit family physicians to the City of
Niagara Falls. This includes $200,000 funded from special reserves and $100,000
funded from the tax levy.
Expanding the annual program Budget to $1,000,000 in 2025 would increase the
expense by $700,000. Staff will provide funding options between levy and reserves
during the 2025 Tax Levy Supported Operating Budget for the Mayor and Council to
consider.
Strategic/Departmental Alignment
Social Sustainability: The City of Niagara Falls works in partnership with the Niagara
Region to ensure residents have access to basic needs such as affordable housing,
health and mental health care, education, and social services, ensuring that Niagara
Falls is a livable, inclusive, and supportive community for all.
Objective: Support the development of healthcare services and facilities in the city.
Strategic Plan Pillars
Sustainability - Social
Working in partnership with the Niagara Region to ensure residents have access to
basic needs, ensuring that Niagara Falls is a livable, inclusive and supportive
community for all.
Written by:
Dale Morton, Director, Communications
Jacob Thomas, Senior Manager of Decision Support Services
Submitted by: Status:
Dale Morton, Director, Communications Approved
- 04 Dec
2024
Shelley Darlington, General Manager of Corporate Approved
Page 4 of 5
Page 55 of 357
Services - 05 Dec
2024
Jason Burgess, CAO Approved
- 06 Dec
2024
Page 5 of 5
Page 56 of 357
Physician Recruitment
Niagara Falls
Jill Croteau, Physician Recruitment Specialist
December 10, 2024
City Council Presentation
Page 57 of 357
Physician Recruitment in Niagara
Page 58 of 357
3
Niagara Statistics Summary
Physician Recruitment RoundtablePage 59 of 357
Physician Data – Actual vs Recommended
Physician Recruitment Roundtable4
Statistics By Municipality for Family Physicians 2024
Municipality 2023 Census Est.Current # of Physicians
including FFS/CHC
% of Physicians over
65 Ratio Per 10000 Physicians needed with
a doc:pop ratio 1:1380
# of Docters
Short
FORT ERIE 36,209 16 13%4.42 26 10
GRIMSBY 31,233 22 5%7.04 23 1
LINCOLN 28,203 16 13%5.67 20 4
NIAGARA FALLS 105,552 40 13%3.88 76 36
NOTL 20,472 13 0%6.35 15 2
PELHAM 19,399 13 8%6.70 14 1
PORT COLBORNE 21,312 10 10%4.69 15 5
ST. CATHARINES 149,550 92 17%6.15 108 16
THOROLD 26,466 12 33%4.53 19 7
WAINFLEET 7,384 0 0%0%5 5
WELLAND 62,776 33 21%5.26 45 12
WEST LINCOLN 16,796 8 0%4.76 12 4
Totals / Average 525,352 275 14%381 106
Sources: 2023 census estimates stats can
Niagara Physician Recruitment Oct 2024
Includes CHC physicians
FFS: Fee for Service
CHC: Community Health Centre
Page 60 of 357
KPI's: 2011 to 2024 Overview
Physician Recruitment Roundtable5
Niagara Physician Statistics 2011 - 2024
Year New Primary Care
Physicians to Niagara
Physicians Out of
Practice in Niagara Net
Total Family
Physicians in
Niagara; Signatory
and Non-Signatory
Primary Care
1:1380 Doc:Pop
Ratio # needed
Recommend based
on population
2011 5 1 4 246 67 313
2012 7 3 4 250 63 313
2013 13 11 2 252 61 313
2014 9 7 2 254 59 313
2015 16 13 3 257 56 313
2016 11 18 -7 250 75 325
2017 14 14 0 250 75 325
2018 13 15 -2 248 77 325
2019 14 14 0 248 77 325
2020 18 13 5 253 72 325
2021 17 20 -3 250 96 346
2022 17 17 0 250 96 346
2023 19 9 10 260 86 346
2024 22 7 15 275 106 381
Total 195 162 33 275 106
Oct 31 - 2024
*5 additional pending Page 61 of 357
Niagara Patient Enrolment Models
Physician Recruitment Roundtable6Page 62 of 357
New Physician Demographics
Physician Recruitment Roundtable7Page 63 of 357
Landscape of Primary
Care in Niagara Summary
•26 Physicians: Niagara is poised to welcome
26 new physicians in 2024, marking a record
year for recruitment.
•Numbers: 20 physicians are currently
accepting patients, the highest number at one
time on the Niagara Region's "Find a Doctor"
page.
•Unprecedented Success: While recruitment
efforts have seen unprecedented success, we
continue to work towards meeting the growing
healthcare demands driven by our significant
population growth.
Physician Recruitment Roundtable8Page 64 of 357
Physician Recruitment Niagara Falls
Dale Morton, Director of Communications
December 10, 2024
City Council Presentation
Page 65 of 357
•Supporting recruitment and retention efforts
•Funding to assist family physicians with costs
related to practice start-up or relocation, with
a five-year return of service stipulation, for
the establishment of a new practice
•Collaborating with McMaster University’s
School of Medicine by participating in
orientation day activities for new students
and holding events for residents
What is the City of
Niagara Falls’ role in
Physician Recruitment?Page 66 of 357
•General physician shortage across Canada
•Limited opportunities with the groups that exist in Niagara Falls
•Lack of configured office space
•Paper-based systems deterred new graduates
•We have had an older physician population
Why is the gap so
large in Niagara Falls?Page 67 of 357
Incentivized
Physician Stats
•28 of the currently practicing 40 doctors have
received City of Niagara Falls incentives
•Since 2005, we have spent over $1,080,000
on physician incentives
•Over the past 20 years, only 3 incentivized
physicians have left the City:
•Two returned to their own home
province or country (repaid incentives on
a pro-rated basis)
•One relocated to NOTL after completion
of their 5-year Return of Service
agreement
•Moving expenses are paid up to
$20,000 (with receipts) depending on
the location they are coming from
•There is currently $300,000 available
annually to recruit family physicians
to the City of Niagara Falls
($200,000 from special reserves and
$100,000 from the tax levy)
We currently offer $50,000
to eligible family doctors
28 of 40 doctors
have received incentives
City of Niagara
Falls Incentives
Page 68 of 357
•Relocating from another province or country, a physician
may have to wait months for an income flow to start
•A new graduate may have considerable student loans
•In many cases, the physician arrives at a location in
Niagara Falls with no medical equipment, computers, or
electronic medical record systems and have to set these
up for themselves
•They could live anywhere in Niagara Region to enjoy
the benefits of the area, but the incentive could be the
tipping point for a doctor to practice in our City
Incentives in other LAMS
•Welland:$100,000
•Port Colborne $75,000
•Fort Erie $75,000
Why incentivize
new doctors?Page 69 of 357
•Over the past 3 years, half (52%) of the
doctors recruited to the Niagara Region
have come from outside of Ontario
•Costs of relocating can be cumbersome
•Recent medical graduates may have
significant student debt
Increasing Incentives
Increasing the City’s
annual program budget
to $1 million and
offering a maximum
incentive of $100,000
per doctor would align
with the City of Welland,
and make Niagara Falls
a more attractive
alternative within
Niagara and Canada.Page 70 of 357
Report
Recommendations
1.THAT Council Receive Staff Report
COMMS-2024-02 Physician
Recruitment Update and 2025 Budget
Consideration as information.
2.THAT Council refer the funding
decision for the Family Physician
Recruitment program to the 2025 Tax
Levy-Supported Operating Budget. Page 71 of 357
Thank you
Page 72 of 357
F-2024-45
Report
Report to: Mayor and Council
Date: December 10, 2024
Title: Mayor's Proposed 2025 Water and Wastewater Budgets
Recommendation(s)
1. That Council RECEIVE the 2025 Mayor's Proposed Water and Wastewater
budgets with revenues and expenses totaling $29,481,441 and $38,384,938
respectively.
2. That Council APPROVE the use of reserve funding as outlined in Attachment 3.
Should Council be satisfied all possible amendments have been
considered:
3. THAT Council shorten the 30 day review period (December 5, 2024 to January 4,
2025), allowed under the Strong Mayors Act, by 25 days, such that the review
period ends on December 10, 2024; and
If no amendments have been made and recommendation #3 has been
approved to shorten the review period, then the Mayor's proposed budget will be
deemed adopted (i.e. approved) as of December 10, 2024.
If amendments have been made, staff are requesting the Mayor please consider
recommendation #4 (if no amendments made, recommendation #4 is not
applicable)
Should the Mayor be satisfied that he will not exercise his veto rights to
Council's amendments:
4. THAT the Mayor consider shortening his 10-day veto period by 10 days, by
providing written documentation to members of Council and the Municipal Clerk
to shorten the veto period, such that the veto period ends on December 10,
2024, thereby allowing the Mayor's Proposed 2025 Water and Wastewater
Budgets to be deemed adopted on December 10, 2024.
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Page 73 of 357
Executive Summary
The purpose of this report is to explain larger budget to budget variances between the
proposed draft 2025 Water and Wastewater Budgets to the approved 2024 Water and
Wastewater Budgets.
The 2025 draft Water Budget contains expenses and revenues each totaling
$29,481,441 which is an increase of $1,540,235 or 5.5% as compared to 2024
($27,941,206). It's important to note that $1,530,767 or 99% of that increase relates to
costs passed on from the Region. The City portion of the increase totals $9,468 or 1%.
The City portion of the increase seems lower than normal due to a reallocation of
finance costs previously 100% budgeted in water to now 50% budgeted in Water and
50% budgeted in Wastewater. This moved $566,000 of expenses from Water to
Wastewater.
The 2025 draft Wastewater Budget contains expenses and revenues each totaling
$38,384,938 which is an increase of $4,572,911 or 13.5% as compared to 2024
($33,812,027). It's important to note that $3,988,881 or 87% of that increase relates to
costs passed on from the Region. The City portion of the increase totals $584,030 or
13% and is largely explained by the transfer of Finance labour costs of $566,000 from
the water budget to the wastewater budget as mentioned above.
There are two main reasons for the increases (both explained in greater detail below in
the analysis section) which include:
1. Costs transferred down from the Regional Municipality of Niagara; and
2. Increase of capital transfer To Capital Special Purpose Reserves in the Water
Budget of $495,000 from $6,105,000 to $6,600,000
The Region increases are unfortunately out of staff's control, however to partially
mitigate the increase from the Region staff have again proposed using $500,000 of the
wastewater stabilization reserve (consistent with 2024). Please see #18 below for
important information regarding the use of this reserve funding.
All of these factors are included in the draft budgets before Council tonight and result in
an approximate 9% blended increase to the fixed and volumetric rates. Proposed rates
and scenarios regarding the impact on a low, average and high user have been
included in the financial implications section of the report.
Background
Staff wish to provide a brief refresher on Strong Mayors Powers. See Attachment 4 for a
helpful decision tree courtesy of Clarington.
On July 1, 2023, the Strong Mayors, Building Homes Act, 2022, S.O. 2022, c.18
("Strong Mayors Act") came into effect for the Corporation of the City of Niagara Falls
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(the "City"). The Strong Mayors Act amends the City of Toronto Act, the Municipal Act,
and the Municipal Conflict of Interest Act.
The new Strong Mayors Act legislation changes the budget approval process where
Council no longer votes to approve the budget. The Mayor releases a proposed budget
and Council has an opportunity to recommend amendments. When Council is satisfied
with the budget, that all amendments (if any) have been considered, then the budget is
deemed adopted once the timelines for the Review Period (30-days), Veto Period (10-
days) and Override Period (15-days, if applicable) have ended.
Council and the Mayor can choose to take action to reduce some of the timelines built
into the Strong Mayors Act in order to have the budget deemed adopted (i.e. approved)
at the date of the Council meeting in question.
Using a real example of the 2025 Capital Budget recently deemed adopted on
November 26, 2024, the timelines start the day the Mayor proposes the budget publicly.
For the 2025 Mayor's Proposed Capital Budget this date was November 6, 2024 when
the Capital Budget was advertised via a media release.
Review Period (30 days)
Once the Mayor's budget is proposed this starts a 30-day Review Period where Council
has 30 calendar days to propose any amendments to the budget by way of Council
resolution. This 30-day time period can be shortened by way of Council resolution.
In the example of the 2025 capital budget this 30 day review period was from
November 6, 2024 to December 5, 2024.
Staff requested that Council consider possible amendments during the
November 26, 2024 meeting where four (4) possible amendments were voted on.
Staff then requested if Council was satisfied that all possible amendments were
considered during the November 26, 2024 meeting that Council consider
shortening the 30-day Review Period by nine (9) days such that the Review
Period would end on November 26, 2024 thereby starting the Mayor's 10-day
veto period on November 26, 2024.
If Council opposed shortening the Review Period then the Review Period would
end on December 5, 2024, thereby starting the Mayor's 10-day veto period
December 6, 2024.
Veto Period (10 days)
Once the Review Period has finished, either the 30 days has elapsed or the period has
been shortened by Council, the Mayor has 10 days to veto any of Council's
amendments. This veto period can be reduced by the Mayor by providing written
documentation to members of Council and the Municipal Clerk.
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Page 75 of 357
In the example of the 2025 capital budget if Council did not shorten the 30-day
Review Period then the 10-day Veto Period would have been from December 6,
2024 to December 15, 2024.
Council decided to vote to shorten the 30-day Review Period by nine days (with
one opposed) such that the Review Period ended on November 26, 2024 and the
Mayor indicated he would not be using his veto and would provide same in
writing to the Clerk shortening the Veto Period by 10 days thereby allowing the
2025 Mayor's Proposed Capital Budget to be deemed adopted on November 26,
2024.
Override Period (15 days)
Should the Mayor veto any Council amendments, Council then has 15 days to override
a head of council’s veto of a council amendment with a two-thirds majority vote.
Analysis
Attachment 1 contains the Mayor's Proposed 2025 Water Budget while Attachment 2
contains the Mayor's Proposed 2025 Wastewater Budget. The following notes
correspond to the summaries contained in Attachments 1 and 2. For further clarity, if
there is a note number notation to the right of the variance column in Attachment 1 or 2,
then there is a corresponding explanation to that note number located below. Please
refer to this report in conjunction with the attachment.
WATER BUDGET
REVENUES
1. User Fees budget has increased by $1,779,322 or 6.6% from $26,915,836 to
$28,695,158. The user fee budget includes the following:
New Account Setup Fees - $45,000 (no budget change)
NSF Fees - $2,500 (no budget change)
Backflow Fees - $2,700 (no budget change)
Cut Wire Fees - $4,800 (no budget change)
Damage Repair Transmitter Fees - $7,000 (no budget change)
Damage to City Property Fees - $5,800 (no budget change)
Fail to be Ready Fees - $2,400 (no budget change)
Page 4 of 22
Page 76 of 357
Flushing/Testing - $3,400 (no budget change)
Main Tapping Fees - $2,400 (no budget change)
Projected Volumetric Charges - $16,847,495 (2024 - $15,797,902)
Monthly Fixed Charges - $11,231,663 (2024 - $10,531,934)
Estimated Annual Flat Charge Revenue - $225,000 (2024 - $300,000)
Water Stand Pipe Fees - $130,000 (2024 - $110,000)
Water Transfer & Shut Off Fees - $185,000 (2024 - $100,000)
The main increases are in the volumetric and fixed charges which have
increased by $1,749,322 or 6.6% in order to raise enough rate revenue to cover
the projected increase in expenditures, mainly increases from the Region
detailed below.
2. From Special Purpose Reserves was used in 2024 to offset the increase in one
time catch up of multiple years of write offs budgeted in Rents and Financial
Expenses for $65,000. This catch up write off was completed in 2024 and a
smaller amount of $33,000 has been budgeted in 2025 representing an
estimated annual write off amount for accounts that are deemed uncollectible
after all efforts from a collection agency have been exhausted. As tenant
accounts continue to phase out the write off budget will continue to decrease.
3. From Development Charges has decreased by $176,387 from $672,670 to
$496,283.
Staff had previously budgeted a To CSPR (DC Debt Placeholder) of $672,670
which included $556,939 for the Reixinger watermain loop and $115,731 for the
Montrose/Biggar/Reixinger Reconstruction project.
The Region issued the Reixinger watermain loop debenture and a partial
Montrose/Biggar/Reixinger Reconstruction debenture during 2024 and those
future payments have been added to debenture interest and principal budget
lines totaling $496,283 as identified in note 8.
Staff had also previously budgeted a To CSPR (Debt Placeholder) of $28,932
representing the non DC recoverable portion of the Montrose/Biggar/Reixinger
Reconstruction debenture. Since the 2024 budget staff, with Council's approval,
have revised the funding on the Montrose/Biggar/Reixinger Reconstruction to
use reserves instead of debt for any non-DC eligible portions of the project.
Page 5 of 22
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EXPENSES
4. The budget for Labour, Benefits and Overtime has decreased by $286,847 or
7.7% from $3,726,472 to $3,439,625. The decrease is largely due to a
reallocation of finance costs previously 100% budgeted in water to now 50%
budgeted in Water and 50% budgeted in Wastewater. This moved approximately
$320,000 of labour and benefits from Water to Wastewater. Offsetting this
decrease is the addition of 5% of the estimated labour and benefit costs of the
new Customer Service (At Your Service Niagara Falls) cost centre adding labour
and benefit costs of approximately $80,000. Lastly, cost of living increases have
been added.
5. Materials budget has decreased by $85,910 or 7.5% from $1,151,000 to
$1,065,090 due to postage being split 50/50 with Wastewater. This resulted in a
decrease of $85,000 and an increase in Wastewater materials of $85,000.
6. The City controlled Contracted Services budget has increased by $140,900 or
8.5% from $1,656,000 to $1,796,900 with the larger line item changes as follows:
$(81,000) decrease due to 50% reallocation of Water Revenues and Receivables
contracted services to Wastewater Revenues and Receivables.
$10,000 increase in Water Lab Costs
$53,900 increase in Locates from $770,000 to $823,900.
$(100,000) decrease in Leak Detection from $100,000 to $0
$228,000 - NEW line item for Neptune ICI Survey Services
$25,000 - NEW line item for Main Swabbing
$5,000 - NEW line item for Capital Project Database upgrade
7. Volumetric Regional Charges budget has increased by $1,207,036 or 12.4%
from $9,699,737 to $10,906,773. The Region's variable rate for water has
increased by $0.0500/cubic meters or 7.1% from $0.701 to $0.751. The City's 3-
year average flows have increased by 686,000 cubic meters or 5.0% from
13,837,000 to 14,523,000 cubic meters, The budgeted variable charges are
calculated as 14,523,000 cubic meters times $0.751.
Fixed Regional Charges budget has increased by $323,731 or 9.7% from
$3,336,284 to $3,660,015.
Page 6 of 22
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8. Debt Charges budget has increased by $496,144 or 149.4% from $332,123 to
$828,267 and consists of the following:
$331,985 - 50% of Water Meter Replacement debenture 2023-06 (15 year
debenture)
$409,795 - NEW - Reixinger Watermain Loop debenture 2024-60 (25 year
debenture)
$86,487 - NEW - Montrose/Biggar/Reixinger Reconstruction partial debenture
(25 year debenture)
9. To Capital Special Purpose Reserve budget has increased by $495,000 or
8.1% from $6,105,000 to $6,600,000. The targeted annual transfer to Capital
Special Purpose Reserves in the Water Fund per the City's Asset Management
plan is $8,860,000 leaving a $2.26M funding gap. Staff will continue to phase in
increases over time in order to increase this transfer to capital special purpose
reserves so it can be allocated annually via the capital budget process. Given the
2025 Mayor's Proposed Capital Budget has already been passed, this additional
$495,000 will be transferred to Capital Special Purpose Reserve and allocated
during the 2026 Capital Budget process.
10. Overall Revenue and Expenses have increased by $1,540,235 or 5.5% from
$27,941,206 to $29,481,441. $1,530,767 of that increase relates to costs passed
on from the Region. The City portion of increases total $9,468 for the reasons
noted above.
WASTEWATER BUDGET
REVENUES
11. User Fees budget has increased by $4,937,148 or 15.5% from $31,883,836 to
$36,820,984. The user fee budget includes the following:
Projected Volumetric Charges - $21,934,790 (2024 - $18,972,502)
Monthly Fixed Charges - $14,623,194 (2024 - $12,648,334)
Sewer Flat Rate Charges - $250,000 (2024 - $250,000)
Sewer Lateral Cleaning - $13,000 (2024 - $13,000)
The only increases are in the volumetric and fixed charges which have increased
by $4,937,148 or 15.6% in order to raise enough rate revenue to cover the
projected increase in expenditures, mainly increases from the Region and
reallocation of water expenditures to wastewater, detailed below.
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12. From Special Purpose Reserves (SPR) has decreased by $65,000 or 8.0%
from $815,000 to $750,000 due to the removal of $65,000 removed from
wastewater rate stabilization reserve to offset the increase in one time catch up
of multiple years of write offs budgeted in Rents and Financial Expenses in
2024. This catch up write off was completed in 2024 and a smaller amount of
$33,000 has been budgeted in 2025 representing an estimated annual write off
amount for accounts that are deemed uncollectible after all efforts from a
collection agency have been exhausted. As tenant accounts continue to phase
out the write off budget will continue to decrease.
13. From Development Charges has decreased by $302,937 from $1,043,891 to
$740,954 which corresponds to changes in debt principal and interest payments
relating to the Garner Pumping Station debenture (100% DCs) which decrease
by approximately $27,000 as well as the removal of a DC debt placeholder for
$276,005 for the Montrose/Biggar/Reixinger Reconstruction.
EXPENSES
14. The budget for Labour and Benefits has increased by $607,965 or 27.6% from
$2,200,501 to $2,808,466. The increase is mainly due to reallocation of 50% of
Water Revenues and Receivables labour to the Wastewater Revenues and
Receivables budget totaling approximately $320,000 as mentioned in note 4
above as well as the addition of 5% of the estimated labour and benefit costs of
the new Customer Service (At Your Service Niagara Falls) cost centre adding
labour and benefit costs of approximately $80,000. Lastly, cost of living increases
have been added.
15. Materials budget has increased by $70,000 or 24.2% from $289,000 to $359,000
due to postage as noted in item #5 resulting in an increase of $85,000. This is
partially offset by a decrease of $15,000 in Sanitary Research and Development
for Gas Monitoring and Equipment Repairs and Maintenance.
16. Office Supplies budget has increased by $9,100 from $150 to $9,250 due to the
50/50 split between Water and Wastewater for Generic notices and Office
Supplies.
17. City controlled Contracted Services has increased by $192,050 or 10.0% from
$1,924,000 to $2,116,050 with the larger line item changes as follows:
$100,000 - NEW line item Rapid Assessment Technology Services (RATS)
sewer condition assessment and maintenance
$18,550 increase in Locating Services from $265,000 to $283,550
Page 8 of 22
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$25,000 increase in Sanitary Research and Development from $300,000 to
$325,000
$48,500 increase due to 50% reallocation of Water Revenues and Receivables
contracted services to Wastewater Revenues and Receivables.
18. Fixed Regional Charges budget has increased by $3,988,881 or 19.7% from
$20,272,624 to $24,261,505 with the larger line item changes as follows:
Fixed Regional Charges increased by $3,852,889 or 19.9% from $19,330,346 to
$23,183,235.
Region charges for wastewater are 100% fixed and calculated based on the 3
year average flows. The Region then does a "true up" throughout the year and
compares what each municipality was charged to the actual flows and calculates
an over or underpayment. The over/underpayment from the prior year (2023) is
then added to (underpayment), or subtracted from (overpayment), the fixed
charge allocation calculated for the upcoming year. In the City of Niagara Falls
case, the 2023 true up resulted in an underpayment of $1,428,992 added to the
above charges of $23,183,235 for total fixed charges of $24,612,227.
Staff have mitigated some of this increase with $500,000 of wastewater rate
stabilization reserve funding however the 2024 true up is currently estimated to
be a $1.6M underpayment so this issue will not reverse itself in the 2026 budget
thus it would not be prudent to fully fund the underpayment with reserves. Until
the 3 year average is based on three (3) full non COVID years, the City of
Niagara Falls expects to continue to see large underpayments added to the total
fixed charge requisition to the Region.
19. Overall Revenue and Expenses have increased by $4,572,911 or 13.5% from
$33,812,027 to $38,384,938. $3,988,881 of that increase relates to costs passed
on from the Region. The City portion of increases total $584,030 for the reasons
noted above, mainly the finance cost centre reallocation of expenses previously
funded 100% from the Water Budget to 50% Water/50% Wastewater transferring
approximately $566,000 in expenses.
Operational Implications and Risk Analysis
Nothing to note.
Financial Implications/Budget Impact
The Water Budget totals $29,481,441 with the Region controlling $14.6M or 49% of that
budget (2024 - $13.0M or 47%). Overall revenue and expenses have increased by
$1,540,235 or 5.5% from $27,941,206 to $29,481,441. $1,540,235 or 99% of that
increase relates to costs passed on from the Region. The City portion of the increase
totals $9,468 or 1% for the reasons noted above.
Page 9 of 22
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The Wastewater Budget totals $38,384,938 with the Region controlling $24.3M or 63%
of that budget (2024 - $20.3M or 60%). Overall revenue and expenses have increased
by $4,572,911 or 13.5% from $33,812,027 to $38,384,938. $3,988,881 or 87% of that
increase relates to costs passed on from the Region. The City portion of the increase
totals $584,030 or 13% for the reasons noted above.
In addition to all the expenses added, billable consumption and number of meters also
plays a part in setting the variable and fixed rates. In order to determine billable
consumption the City takes a 3 or 5 year average (depending on if there are many
anomalies like COVID in the 3 year average) + 0.5% growth. The rates have been set
estimating billable consumption to be 11,757,072 cubic meters. For Council's interest
billable consumption has fluctuated greatly due to COVID as follows:
Year
Annual
Billable
Consumption
(Cubic Meters)
Increase/
(Decrease) Consumption Notes
2024*
11,839,520 (67,461) Hot summer/rainy periods
2023 11,906,982 557,747 COVID-19 rebound
2022
11,349,235 1,134,561 COVID-19 shutdowns ended January
2021
10,214,702 (595,558) COVID-19 shutdowns
2020
10,810,260 (1,075,134) Dry summer, COVID-19 shutdowns
2019
11,885,394 N/A
*Actual consumption to October 31, estimated to December 31.
Total number of meters has increased by 273 meters from 32,248 to 32,251 with the
majority of the increase (264) reflected in the 5/8 by 3/4 meter size.
Page 10 of 22
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In order to balance the budgets the recommended variable rate is $3.343 (2024 -
$3.107) and the recommended monthly fixed charges are as follows:
Meter Size 2024 2025 Variance
5/8" x 3/4" $49.83 $54.80 $4.97
1" $77.24 $87.67 $10.43
1 1/2" $191.86 $219.18 $27.32
2" $361.29 $410.96 $49.67
3" $697.67 $767.13 $69.46
4" $1,208.46 $1,328.79 $120.33
6" $2,367.10 $2,602.78 $235.68
8" $3,949.30 $3,949.30 $393.23
10" $5,668.57 $6,232.97 $564.40
96.6% of the City's meter system is 5/8 x 3/4 meters and as such below is an illustration
of the annual impact on 5/8 x 3/4 meter user for a low (85 cubic meters), average (175
cubic meter) and high (275 cubic meter) user:
Rate
Comparison
2024 2025 2024 2025 2024 2025
Annual Usage 85m3 175m3 275m3
Water
Fixed
(annual)
$271.68 $285.60 $271.68 $285.60 $271.68 $285.60
Volumetric
(per m3)
$118.49 $121.81 $243.95 $250.78 $383.35 $394.08
Wastewater
Fixed
(annual)
$326.28 $371.88 $326.28 $371.88 $326.28 $371.88
Volumetric
(per m3)
$145.61 $162.35 $299.78 $334.25 $471.08 $525.25
Total $862.06 $941.64 $1,141.69 $1,242.51 $1,452.39 $1,576.81
Total Annual
Change
$79.58 $100.82 $124.42
Total Monthly
Change
$6.63 $8.40 $10.37
Strategic/Departmental Alignment
This report is consistent with the following Council strategic commitments:
Page 11 of 22
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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
Contributor(s)
Sebastian Zukowski, Senior Financial Analyst
List of Attachments
F-2024-45 Attachment 1 - Draft Water Fund 2025 Budget to 2024 Budget Comparison
F-2024-45 Attachment 2 - Draft Wastewater Fund 2025 Budget to 2024 Budget
Comparison
F-2024-45 Attachment 3 - 2025 Draft Water and Wastewater Budgets - Use of Reserve
Funding
F-2024-45 Attachment 4 - Strong Mayor's Act Decision Tree - Budget Scenario
(Courtesy of Clarington)
Written by:
Sebastian Zukowski, Senior Financial Analyst
Tiffany Clark, Director of Finance
Submitted by: Status:
Tiffany Clark, Director of Finance Approved
- 03 Dec
2024
Shelley Darlington, General Manager of Corporate
Services
Approved
- 03 Dec
2024
Jason Burgess, CAO Approved
- 04 Dec
2024
Page 12 of 22
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Attachment 1 F-2024-45
Dec. 10, 2024
Budget Budget Increase/
(Decrease)
Increase/
(Decrease)
2025 2024 $%
REVENUES
Penalties 65,000 62,700 2,300 3.7%
Sales 225,000 225,000 0 0.0%
User Fees 28,695,158 26,915,836 1,779,322 6.6%[1]
Miscellaneous Revenue 28,985,158 27,203,536 1,781,622 6.5%
From Special Purpose Reserves 0 65,000 (65,000)(100.0%)[2]
From Development Charges 496,283 672,670 (176,387)(26.2%)[3]
Internal Transfers 496,283 737,670 (241,387)(32.7%)
TOTAL REVENUE 29,481,441 27,941,206 1,540,235 5.5%[10]
2025 Budget to 2024 Budget Comparison
WATER FUND
Page 13 of 22
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Attachment 1 F-2024-45
Dec. 10, 2024
Budget Budget Increase/
(Decrease)
Increase/
(Decrease)
2025 2024 $%
2025 Budget to 2024 Budget Comparison
WATER FUND
EXPENSES
Labour 2,579,068 2,812,007 (232,939)(8.3%)
Employee Benefits Allocation 800,057 849,465 (49,408)(5.8%)
Overtime 60,500 65,000 (4,500)(6.9%)
Labour and Benefits 3,439,625 3,726,472 (286,847)(7.7%)[4]
Conferences/Conventions 9,600 3,000 6,600 220.0%
Insurance Premiums 187,137 191,007 (3,870)(2.0%)
Materials 1,065,090 1,151,000 (85,910)(7.5%)[5]
Office Supplies 10,750 12,500 (1,750)(14.0%)
Professional Development 45,000 37,500 7,500 20.0%
WSIB 45,000 30,000 15,000 50.0%
Materials 1,362,577 1,425,007 (62,430)(4.4%)
Electricity 500 500 0 0.0%
Utilities 500 500 0 0.0%
Contracted Services 1,796,900 1,656,000 140,900 8.5%[6]
Volumetric Regional Charges 10,906,773 9,699,737 1,207,036 12.4%[7]
Fixed Regional Charges 3,660,015 3,336,284 323,731 9.7%[7]
Contracted Services 16,363,688 14,692,021 1,671,667 11.4%
Rents and Financial Expenses 222,800 318,820 (96,020)(30.1%)[2]
Long Term Interest 466,921 147,933 318,988 215.6%
Long Term Debt Principal 361,346 184,190 177,156 96.2%
Debt Charges 828,267 332,123 496,144 149.4%[8]
Internal Rent 509,597 492,414 17,183 3.5%
Indirect Costs 154,387 147,247 7,140 4.8%
To Capital SPR 6,600,000 6,105,000 495,000 8.1%[9]
To CSPR (Debt Placeholder)0 28,932 (28,932)(100.0%)[3]
To CSPR (DC Debt Placeholder)0 672,670 (672,670)(100.0%)[3]
Internal Transfers 7,263,984 7,446,263 (182,279)(2.4%)
TOTAL EXPENSES 29,481,441 27,941,206 1,540,235 5.5%[10]
(Surplus)/Deficit 0 0 0
Page 14 of 22
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GL5280 Page :1CITY OF NIAGARA FALLS Date :Nov 28, 2024 Time :10:36 pmBudget Report By Function
From Category :111000 To Category :823021
Account Code :15-?-??????-??????To :15-?-??????-??????
2025 2024
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
15-->CITY WATER FUND
133005-->REVENUES AND RECEIVABLES
3-->EXPENSE
15-3-133005-010000 LABOUR 217,357 461,385
15-3-133005-010013 EMPLOYEE BENEFITS ALLOCATION 71,728 134,889
15-3-133005-010016 OVERTIME 500 5,000
15-3-133005-030000 MATERIALS 85,000 185,000
15-3-133005-030035 OFFICE SUPPLIES 9,250 11,000
15-3-133005-040000 CONTRACTED SERVICES 48,500 129,500
15-3-133005-050000 RENTS AND FINANCIAL EXPENSES 134,300 230,320
Total EXPENSE 566,635 1,157,094
4-->REVENUE
15-4-133005-710000 USER FEES -47,500 -47,500
15-4-133005-710014 WATER VOLUMETRIC CHARGES -16,847,495 -15,797,902
15-4-133005-710015 WATER FIXED CHARGES -11,231,663 -10,531,934
15-4-133005-710016 WATER FLAT RATE FEES -225,000 -300,000
15-4-133005-710018 WATER TRANSFER AND SHUT OFF FE -125,000 0
15-4-133005-740010 PENALTIES ON WATER -65,000 -62,700
15-4-133005-780003 FROM SPECIAL PURPOSE RESERVES 0 -65,000
Total REVENUE -28,541,658 -26,805,036
REVENUES AND RECEIVABLES Surplus/Deficit -27,975,023 -25,647,942
136001-->CUSTOMER SERVICE (WATER)
3-->EXPENSE
15-3-136001-010000 LABOUR 61,511 0
15-3-136001-010013 EMPLOYEE BENEFITS ALLOCATION 18,453 0
Total EXPENSE 79,964 0
CUSTOMER SERVICE (WATER) Surplus/Deficit 79,964 0
431000-->SYSTEM MAINTENANCE WATERWORKS
3-->EXPENSE
15-3-431000-010000 LABOUR 1,981,597 2,035,392
15-3-431000-010013 EMPLOYEE BENEFITS ALLOCATION 614,295 620,911
15-3-431000-010016 OVERTIME 60,000 60,000
15-3-431000-020000 LONG TERM INTEREST 466,921 147,933
15-3-431000-030000 MATERIALS 880,100 878,600
15-3-431000-030005 PROFESSIONAL DEVELOPMENT 45,000 37,500
15-3-431000-030007 ELECTRICITY 500 500 Page 15 of 22
Page 87 of 357
GL5280 Page :2CITY OF NIAGARA FALLS Date :Nov 28, 2024 Time :10:36 pmBudget Report By Function
From Category :111000 To Category :823021
Account Code :15-?-??????-??????To :15-?-??????-??????
2025 2024
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
15-3-431000-030014 SOFTWARE COSTS 99,990 87,400
15-3-431000-030017 INSURANCE PREMIUMS AND SETTLEM 187,137 191,007
15-3-431000-030018 CONFERENCES/CONVENTIONS 9,600 3,000
15-3-431000-030035 OFFICE SUPPLIES 1,500 1,500
15-3-431000-030045 WSIB 45,000 30,000
15-3-431000-040000 CONTRACTED SERVICES 1,743,400 1,526,500
15-3-431000-050000 RENTS AND FINANCIAL EXPENSES 88,500 88,500
15-3-431000-070000 LONG TERM DEBT PRINCIPAL 361,346 184,190
15-3-431000-080002 TO CAPITAL SPECIAL PURPOSE RES 6,600,000 6,105,000
15-3-431000-080008 TO CSPR (DEBT PLACEHOLDERS)0 28,932
15-3-431000-080009 TO CSPR (DC DEBT PLACEHOLDERS)0 672,670
15-3-431000-090000 INTERNAL RENT 509,597 492,414
15-3-431000-090001 INDIRECT COSTS 154,387 147,247
Total EXPENSE 13,848,870 13,339,196
4-->REVENUE
15-4-431000-710000 USER FEES -28,500 -28,500
15-4-431000-710017 WATER STAND PIPE FEES -130,000 -110,000
15-4-431000-710018 WATER TRANSFER AND SHUT OFF FE -60,000 -100,000
15-4-431000-770000 SALES -225,000 -225,000
15-4-431000-780009 FROM DEVELOPMENT CHARGE RSV FU -496,283 -672,670
Total REVENUE -939,783 -1,136,170
SYSTEM MAINTENANCE WATERWORKS Surplus/Deficit 12,909,087 12,203,026
432000-->REGIONAL CHARGES WATERWORKS
3-->EXPENSE
15-3-432000-040000 REGIONAL VOLUMETRIC CHARGES 10,906,773 9,699,737
15-3-432000-040004 FIXED REGIONAL CHARGES 3,660,015 3,336,284
Total EXPENSE 14,566,788 13,036,021
REGIONAL CHARGES WATERWORKS Surplus/Deficit 14,566,788 13,036,021
433000-->WATER SYSTEMS RESEARCH & DEVELOPMENT
3-->EXPENSE
15-3-433000-010000 LABOUR 318,603 315,230
15-3-433000-010013 EMPLOYEE BENEFITS ALLOCATION 95,581 93,665
15-3-433000-040000 CONTRACTED SERVICES 5,000 0
Total EXPENSE 419,184 408,895
WATER SYSTEMS RESEARCH & DEVELOPMENT Surplus/Defic 419,184 408,895
Total CITY WATER FUND 0 0
Page 16 of 22
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Attachment 2 F-2024-45
Dec. 10, 2024
Budget Budget Increase/
(Decrease)
Increase/
(Decrease)
2025 2024 $%
REVENUES
Penalties 73,000 69,300 3,700 5.3%
User Fees 36,820,984 31,883,836 4,937,148 15.5%[11]
Miscellaneous Revenue 36,893,984 31,953,136 4,940,848 15.5%
From Special Purpose Reserves 750,000 815,000 (65,000)(8.0%)[12]
From Development Charges 740,954 1,043,891 (302,937)(29.0%)[13]
Internal Transfers 1,490,954 1,858,891 (367,937)(19.8%)
TOTAL REVENUE 38,384,938 33,812,027 4,572,911 13.5%[19]
WASTEWATER FUND
2025 Budget to 2024 Budget Comparison
Page 17 of 22
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Attachment 2 F-2024-45
Dec. 10, 2024
Budget Budget Increase/
(Decrease)
Increase/
(Decrease)
2025 2024 $%
WASTEWATER FUND
2025 Budget to 2024 Budget Comparison
EXPENSES
Labour 2,113,298 1,660,952 452,346 27.2%
Employee Benefits Allocation 655,668 500,549 155,119 31.0%
Overtime 39,500 39,000 500 1.3%
Labour and Benefits 2,808,466 2,200,501 607,965 27.6%[14]
Insurance Premiums 221,369 235,108 (13,739)(5.8%)
Materials 359,000 289,000 70,000 24.2%[15]
Office Supplies 9,250 150 9,100 6066.7%[16]
Professional Development 15,000 10,000 5,000 50.0%
WSIB 45,000 40,000 5,000 12.5%
Materials 649,619 574,258 75,361 13.1%
Electricity 4,300 2,900 1,400 48.3%
Utilities 4,300 2,900 1,400 48.3%
Contracted Services 2,116,050 1,924,000 192,050 10.0%[17]
Fixed Regional Charges 24,261,505 20,272,624 3,988,881 19.7%[18]
Contracted Services 26,377,555 22,196,624 4,180,931 18.8%
Rents and Financial Expenses 222,800 153,500 69,300 45.1%[12]
External Transfers 350,000 350,000 0 0.0%
Long Term Interest 282,159 317,142 (34,983)(11.0%)
Long Term Debt 790,780 782,868 7,912 1.0%
Debt Charges 1,072,939 1,100,010 (27,071)(2.5%)
Internal Rent 244,872 241,981 2,891 1.2%
Indirect Costs 154,387 147,247 7,140 4.8%
To Capital SPR 6,500,000 6,500,000 0 0.0%
To CSPR (Debt Placeholder)0 69,001 (69,001)(100.0%)
To CSPR (DC Debt Placeholder)0 276,005 (276,005)(100.0%)[13]
Internal Transfers 6,899,259 7,234,234 (334,975)(4.6%)
TOTAL EXPENSES 38,384,938 33,812,027 4,572,911 13.5%[19]
(Surplus)/Deficit 0 0 0
Page 18 of 22
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GL5280 Page :1CITY OF NIAGARA FALLS Date :Nov 28, 2024 Time :10:36 pmBudget Report By Function
From Category :111000 To Category :823021
Account Code :16-?-??????-??????To :16-?-??????-??????
2025 2024
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
16-->CITY SANITARY SEWER FUND
133025-->REVENUE AND RECEIVABLES (WASTEWATER)
3-->EXPENSE
16-3-133025-010000 LABOUR 217,357 0
16-3-133025-010013 EMPLOYEE BENEFITS ALLOCATION 71,728 0
16-3-133025-010016 OVERTIME 500 0
16-3-133025-030000 MATERIALS 85,000 0
16-3-133025-030035 OFFICE SUPPLIES 9,250 0
16-3-133025-040000 CONTRACTED SERVICES 48,500 0
16-3-133025-050000 RENTS AND FINANCIAL EXPENSES 134,300 65,000
Total EXPENSE 566,635 65,000
4-->REVENUE
16-4-133025-710009 WASTEWATER VOLUMETRIC CHARGES-21,934,790 -18,972,502
16-4-133025-710010 WASTEWATER FIXED CHARGES -14,623,194 -12,648,334
16-4-133025-710011 WASTEWATER FLAT RATE CHARGES -250,000 -250,000
16-4-133025-740020 PENALTIES ON WASTEWATER -73,000 -69,300
Total REVENUE -36,880,984 -31,940,136
REVENUE AND RECEIVABLES (WASTEWATER) Surplus/Defic -36,314,349 -31,875,136
136002-->CUSTOMER SERVICE (WASTEWATER)
3-->EXPENSE
16-3-136002-010000 LABOUR 61,511 0
16-3-136002-010013 EMPLOYEE BENEFITS ALLOCATION 18,453 0
Total EXPENSE 79,964 0
CUSTOMER SERVICE (WASTEWATER) Surplus/Deficit 79,964 0
411000-->SYSTEM MAINTENANCE SANITARY SEWER
3-->EXPENSE
16-3-411000-010000 LABOUR 1,515,827 1,345,722
16-3-411000-010013 EMPLOYEE BENEFITS ALLOCATION 469,906 406,884
16-3-411000-010016 OVERTIME 39,000 39,000
16-3-411000-020000 LONG TERM INTEREST 282,159 317,142
16-3-411000-030000 MATERIALS 265,000 264,000
16-3-411000-030005 PROFESSIONAL DEVELOPMENT 15,000 10,000
16-3-411000-030007 ELECTRICITY 4,300 2,900
16-3-411000-030017 INSURANCE PREMIUMS AND SETTLEM 221,369 235,108
16-3-411000-030035 OFFICE SUPPLIES 0 150
16-3-411000-030045 WSIB 45,000 40,000 Page 19 of 22
Page 91 of 357
GL5280 Page :2CITY OF NIAGARA FALLS Date :Nov 28, 2024 Time :10:36 pmBudget Report By Function
From Category :111000 To Category :823021
Account Code :16-?-??????-??????To :16-?-??????-??????
2025 2024
Account Code Account Description FINAL BUDGET
- BUDGET
VALUES
FINAL BUDGET
- BUDGET
VALUES
16-3-411000-040000 CONTRACTED SERVICES 1,742,550 1,624,000
16-3-411000-050000 RENTS AND FINANCIAL EXPENSES 88,500 88,500
16-3-411000-070000 LONG TERM DEBT PRINCIPAL 790,780 782,868
16-3-411000-080002 TO CAPITAL SPECIAL PURPOSE RES 6,500,000 6,500,000
16-3-411000-080008 TO CSPR (DEBT PLACEHOLDERS)0 69,001
16-3-411000-080009 TO CSPR (DC DEBT PLACEHOLDERS)0 276,005
16-3-411000-090000 INTERNAL RENT 244,872 241,981
16-3-411000-090001 INDIRECT COSTS 154,387 147,247
Total EXPENSE 12,378,650 12,390,508
4-->REVENUE
16-4-411000-710012 SEWER LATERAL CLEANING -13,000 -13,000
16-4-411000-780003 FROM SPECIAL PURPOSE RESERVES -500,000 -565,000
16-4-411000-780009 FROM DEVELOPMENT CHARGE RSV FU -740,954 -1,043,891
Total REVENUE -1,253,954 -1,621,891
SYSTEM MAINTENANCE SANITARY SEWER Surplus/Deficit 11,124,696 10,768,617
412000-->REGIONAL CHARGES SANITARY SEWER
3-->EXPENSE
16-3-412000-040000 CONTRACTED SERVICES 24,261,505 20,272,624
Total EXPENSE 24,261,505 20,272,624
REGIONAL CHARGES SANITARY SEWER Surplus/Deficit 24,261,505 20,272,624
413000-->SANITARY SYSTEMS RESEARCH & DEVELOPMENT
3-->EXPENSE
16-3-413000-010000 LABOUR 318,603 315,230
16-3-413000-010013 EMPLOYEE BENEFITS ALLOCATION 95,581 93,665
16-3-413000-030000 MATERIALS 9,000 25,000
16-3-413000-040000 CONTRACTED SERVICES 325,000 300,000
16-3-413000-060000 EXTERNAL TRANSFERS 350,000 350,000
Total EXPENSE 1,098,184 1,083,895
4-->REVENUE
16-4-413000-780003 FROM SPECIAL PURPOSE RESERVES -250,000 -250,000
Total REVENUE -250,000 -250,000
SANITARY SYSTEMS RESEARCH & DEVELOPMENT Surplus/De 848,184 833,895
Total CITY SANITARY SEWER FUND 0 0
Page 20 of 22
Page 92 of 357
Attachment 3 F-2024-45
December 10, 2024
Reserve Name Reserve
Type
Reserve
Number
2025
Budgeted
Use
Notes
Development Charges - Water ORF 400219 496,283
This transfer from development charges offsets
the Reixinger Watermain loop principal and
interest debenture payments ($409,796) and a
water related portion of the
Montrose/Bigger/Reixinger road reconstruction
debenture payments ($86,487)
496,283
Reserve Name Reserve
Type
Reserve
Number
2025
Budgeted
Use
Notes
Wastewater Rate Stabilization SPR 160 500,000 To partially mitigate Region "true up"
Wastewater charges
WRAP SPR 282 200,000 To partially offset planned WRAP spending
Local Drainage Assist SPR 337 50,000 To offset planned Local Drainage spending
Development Charges -
Wastewater ORF 400219 740,954
This transfer from development charges offsets
the principal and interest payments from Garner
Pumping Station.
1,858,891
Legend:
SPR = Special Purpose Reserve
ORF = Obligatory Reserve Fund
2025 Draft Water and Wastewater Budget - Use of Reserve Funding
Proposed Reserve Use in 2025 Water Budget
Proposed Reserve Use in 2025 Wastewater Budget
Page 21 of 22Page 93 of 357
Before
February 1st?
Before
After
Does Council want
to amend the budget?
[Mayor can vote]
Budget deemed adopted after
30 days or
Council shortens the 30 days
No
Yes
Amendments approved
by Council?
Mayor veto’s
Council
Amendments?
Yes
Budget deemed adopted, as
amended, after 10 days or
Mayor shortens the 10 days
No
Council overrides
Mayor’s Veto?
[Mayor can vote]
Yes
Budget deemed adopted after
15 days or
Council shortens the 15 days
No – did not obtain 2/3 vote
Yes -
Obtained
2/3 vote
Mayor Proposes
Budget
Council is responsible
for preparing and
adopting budget
No
Within 30 days
Within 10 days
after 30-day
time period
(unless shortened)
Within 15
days after
10-day
time period
(unless
shortened)
Strong Mayors Powers – Budget Scenario
Budget deemed adopted, as
amended, after 15 days or
Council shortens the 15 days
Page 22 of 22
Page 94 of 357
2025 Mayor’s Proposed Water and Wastewater Budgets
CITY OF NIAGARA FALLS
December 10, 2024
Page 95 of 357
2025 Utility Budget includes Water and Wastewater
Two (2) tiered service delivery (Region/City of
Niagara Falls)
Breakdown of City and Region expenditures for 2025
Highlights and summary of rebate programs included
in this budget
Proposed 2025 rates and impacts on users
Recommendation to deem the budgets adopted as of
December 10, 2024 with the 2025 proposed rates
effective January 1, 2025
Overview
Page 96 of 357
Regional Municipality of Niagara
Page 97 of 357
City of Niagara Falls Responsibilities
Page 98 of 357
51%49%
SUMMARYWater Budget Expenditures
REGIONAL COSTS CITY COSTS TOTAL EXPENSES
2025 $14,566,788 49%*$14,914,653 51%*$29,481,441 100%
2024 $13,036,021 47%*$14,905,185 53%*$27,941,206 100%
Increase $1,530,767 99%*$9,468 1%*$1,540,235 100%
* Percentages represent proportion of total expenses. Page 99 of 357
REGIONAL COSTS CITY COSTS TOTAL EXPENSES
2025 $24,261,505 63%*$14,123,433 37%*$38,384,938 100%
2024 $20,272,624 60%*$13,539,403 40%*$33,812,027 100%
Increase $3,988,881 87%*$584,030 13%*$4,572,911 100%
37%63%
SUMMARYWastewater Budget Expenditures
* Percentages represent proportion of total expenses. Page 100 of 357
REGIONAL COSTS CITY COSTS TOTAL EXPENSES
2025 $38,828,293 57%*$29,038,086 43%*$67,866,379 100%
2024 $33,308,645 54%*$28,444,588 46%*$61,753,233 100%
Increase $5,519,648 90%*$593,498 10%*$6,113,146 100%
43%57%
SUMMARYCombined W/WW Budget Expenditures
* Percentages represent proportion of total expenses. Page 101 of 357
Annual Residential Charges Comparison to LAMs
RATES
Municipality 85m3
(annual cost)Municipality 175m3
(annual cost)Municipality 275m3
(annual cost)
Port Colborne 1,716.40 Port Colborne 1,858.73 Fort Erie 2,079.28
Fort Erie 1,230.93 Fort Erie 1,632.78 Lincoln 2,046.42
Niagara on the Lake 1,015.86 Lincoln 1,415.22 Port Colborne 2,016.87
Niagara Falls 941.70 Welland 1,379.94 Welland 1,902.71
West Lincoln 947.24 Niagara on the Lake 1,310.45 Thorold 1,657.89
Thorold 911.76 West Lincoln 1,278.44 West Lincoln 1,646.44
Welland 909.44 Niagara Falls 1,242.57 Niagara on the Lake 1,637.77
Lincoln 820.14 Thorold 1,265.19 Niagara Falls 1,576.87
Pelham 786.20 St. Catharines 1,150.56 St. Catharines 1,564.66
St. Catharines 777.87 Pelham 1,106.15 Pelham 1,461.65
Average 1,005.75 Average 1,364.00 Average 1,762.05
Compares City of Niagara Falls 2025 rates to Local Area Municipality 2024 rates.Page 102 of 357
DETAILS
Expenses 2025 2024 Variance
($)
Variance
(%)
Regional Charges - Volumetric 10,906,773 9,699,737 1,207,036 12.4%
Regional Charges - Fixed 3,660,015 3,336,284 327,731 9.7%
Transfer to Capital Reserves 6,600,000 6,105,000 495,000 8.1%
Debt Placeholders 0 701,602 (701,602)(100.0%)
Net City Operating Charges 8,314,653 8,098,583 212,693 2.7%
Total Expenses 29,481,441 27,941,206 1,540,235 5.5%
Non-Rate Revenue*(1,402,283)(1,611,370)209,087 (13.0%)
Amount to be raised from rates 28,079,158 26,329,836 1,749,322 6.6%
* Includes user fees (account set up, disconnection/reconnection fees), flat rate fees, stand pipe fees, penalties,
water meter sales and other revenue.
Water Budget Expenditures
Page 103 of 357
25%
75%
Regional Costs in 2025
Based on 75% volumetric ($10,906,773)
and 25% fixed ($3,660,015)
Budgeted Transfer
Asset Management
Plan (AMP) Requirement
~$2.26M
$8.86 M$6.60 MKEY POINTS
AMP Requirements
$6.6M capital transfer is
still lower than AMP
requirements of $8.86M*
This is partially offset by
the use of OLG
contribution funds.
*Per 2022 Asset Management
Plan
WaterExpenditures
Page 104 of 357
Finance related labour and expenses
previously 100% budgeted in Water
moved to 50% Water/50%
Wastewater – approximately
$566,000 transfer of expenses.
5% of Customer Service, At Your
Service Niagara Falls labour budget
of $80,000 added.
$495,000 increase in Transfer to
Capital Special Purpose Reserves
from $6.1M to $6.6M.
KEY POINTSWater Expenditures
Page 105 of 357
Rebate Programs WATER BUDGET
Senior Water Account Rebate
•2025 budget $112,200
•1,039 rebates
(1,000 approved in 2024)
$102 account credit if:•City of Niagara Falls water customer and Property Owner who is residing at property
•Age 65 or over on June 30 of the current year
•Receiving Federal Guaranteed Income Supplement
Sod Watering Rebate
•2025 budget of $2,000
•200 applications ($340 approved in 2024 to date)
$10.00 sod watering rebate to:
•Any resident who experienced sod damage as a result of City of NF operations
High Water Consumption Adjustment
•2025 budget of $35,000
($28,598 in adjustments approved in 2024 to date)
•Rebate of 50% of volumetric charge per m3 on excess consumption during a period of a leak
•Residential customers only
•One-time only rebate, per account holder, per property address
Page 106 of 357
DETAIL
Expenses 2025 2024 Variance ($)Variance (%)
Regional Charges - Fixed 23,183,235 19,330,346 3,852,889 19.9%
Regional Charges – Other*1,078,270 942,278 135,992 14.4%
Transfer to Capital Reserves 6,500,000 6,500,000 0 0.0%
Debt Placeholders 0 345,006 (345,006) (100.0%)
Net City Operating Charges 7,623,433 6,694,397 929,036 13.9%
Total Expenses 38,384,938 33,812,027 4,572,911 13.5%
Non-Rate Revenue**(1,826,954)(2,191,191)364,234 (16.6%)
Amount to be raised from rates 36,557,984 31,620,836 4,937,148 15.6%
*Includes Regional underpayment from 2023 included in 2025 $1,428,992, (2022 included in 2024 - $1,193,000), Leachate credit 2025
- $(400,000), 2024 - $(300,000) and high rate treatment charges $49,278 in both years.
**Includes $500,000 rate stabilization reserve funding to partially mitigate Region increase as well as flat rate fees, sewer lateral
cleaning fees, penalties, transfers from DCs, and special purpose reserves
Wastewater Budget Expenditures
Page 107 of 357
100%
Regional Costs in 2025
Annual treatment costs from Region are
100% fixed ($24,261,505)
AMP Requirements
-
$6.5M capital transfer is still
lower than AMP
requirements of $7.13M*
This is partially offset by the
use of OLG contribution
funds.
*Per 2022 Asset Management
Plan
Budgeted Transfer
AMP Requirement
~$630,000
$7.13 M$6.5 MKEY POINTSWastewaterExpenditures
Page 108 of 357
Finance related labour and expenses previously
100% budgeted in Water moved to 50% Water/50%
Wastewater – approximately $566,000 transfer of
expenses.
5% of Customer Service, At Your Service Niagara
Falls labour budget of $80,000 added.
Consistent with 2024, $500,000 of the City’s
Wastewater Rate Stabilization reserve is
recommended (and included) to be used to partially
mitigate Region “true up” on Wastewater costs.
•The use of $500,000 of rate stabilization reserves
reduces the annual impact to the average user (175m3
per year) by $9.64 from $1,252.21/year to $1,242.57/year
KEY POINTSWastewater Expenditures
Page 109 of 357
Rebate Programs WASTEWATER BUDGET
Weeping-Tile Removal Assistance Program (WRAP)
•2025 budget of $350,000
•90 applications approved as of November 2024
•33 Complete, 19 Expired, 38 In Progress
Maximum $4,000 (Incl. HST)
•Disconnection of Weeping-tile from sanitary sewer
•Installation of sump pump
Maximum $1,200 (Incl. HST)
•Installation of Backwater Valve to prevent
sewage flows from backing up into the basement
Page 110 of 357
Number of Meters by Size RATES
Meter Size 2025 % of Total 2024 Variance
⅝” x ¾”31,400 96.55%31,136 264
1”371 1.14%367 4
1 ½”271 0.82%270 1
2”323 0.99%323 0
3”81 0.25%81 0
4”46 0.14%44 2
6”24 0.07%22 2
8”4 0.01%4 0
10”1 0.00%1 0
32,521 100%32,248 273 Page 111 of 357
Monthly Fixed Charges by Meter Size
RATES
Meter Size 2025 2024 Variance
⅝” x ¾”$54.80 $49.83 $4.97
1”$87.67 $77.24 $10.43
1 ½”$219.18 $191.86 $27.32
2”$410.96 $361.29 $49.67
3”$767.13 $697.67 $69.46
4”$1,328.79 $1,208.46 $120.33
6”$2,602.78 $2,367.10 $235.68
8”$4,342.53 $3,949.30 $393.23
10”$6,232.97 $5,668.57 $564.40
Note: over 96% of the water system utilizes a ⅝” x ¾” meter.Page 112 of 357
2025 Proposed Rates RATES
2025 2024 Variance ($)
Water Rates
Fixed (annual)$285.60 $271.68 $13.92
Volumetric (per m3)$1.433 $1.394 $0.039
Wastewater Rates
Fixed (annual)$371.88 $326.28 $45.60
Volumetric (per m3)$1.910 $1.713 $0.197
Combined Rates
Fixed (annual)$657.48 $597.96 $59.52
Volumetric (per m3)$3.343 $3.107 $0.236 Page 113 of 357
Impact on ⅝” x ¾” Meter Size Three (3) scenarios
96%
R1 ⅝” x ¾” meters make up
96.6% of the system
Low Water User
(85m3)
Average Water User
(175m3)
High Water User
(275m3)
RATES
Page 114 of 357
RATES
Rate Comparison 2025 2024 2025 2024 2025 2024
Annual Usage:85m3 175m3 275m3
Water
Fixed (annual)$285.60 $271.68 $285.60 $271.68 $285.60 $271.68
Volumetric (per m3)$121.81 $118.49 $250.78 $243.95 $394.08 $383.35
Wastewater
Fixed (annual)$371.88 $326.28 $371.88 $326.28 $371.88 $326.28
Volumetric (per m3)$162.35 $145.61 $334.25 $299.78 $525.25 $471.08
Total $941.64 $862.06 $1,242.51 $1,141.69 $1,576.81 $1,452.39
Total Annual Change $79.58 $100.82 $124.42
Total Monthly Change $6.63 $8.40 $10.37
Impact on ⅝” x ¾”Page 115 of 357
Annual Residential Charges Comparison to LAMs
RATES
Municipality 85m3
(annual cost)Municipality 175m3
(annual cost)Municipality 275m3
(annual cost)
Port Colborne 1,716.40 Port Colborne 1,858.73 Fort Erie 2,079.28
Fort Erie 1,230.93 Fort Erie 1,632.78 Lincoln 2,046.42
Niagara on the Lake 1,015.86 Lincoln 1,415.22 Port Colborne 2,016.87
Niagara Falls 941.70 Welland 1,379.94 Welland 1,902.71
West Lincoln 947.24 Niagara on the Lake 1,310.45 Thorold 1,657.89
Thorold 911.76 West Lincoln 1,278.44 West Lincoln 1,646.44
Welland 909.44 Niagara Falls 1,242.57 Niagara on the Lake 1,637.77
Lincoln 820.14 Thorold 1,265.19 Niagara Falls 1,576.87
Pelham 786.20 St. Catharines 1,150.56 St. Catharines 1,564.66
St. Catharines 777.87 Pelham 1,106.15 Pelham 1,461.65
Average 1,005.75 Average 1,364.00 Average 1,762.05
Compares City of Niagara Falls 2025 rates to Local Area Municipality 2024 rates.Page 116 of 357
RATES
As of Nov. 14, 2024:12,703
Water accounts signed up on our dashboard
Dashboard Updates
Page 117 of 357
Recommendations RATES
1.THAT Council RECEIVE the 2025 Mayor's
Proposed Draft 2025 Water and Wastewater
budgets with revenues and expenses totaling
$29,481,441, and $38,384,938, respectively.
2.THAT Council APPROVE the use of reserve
funding as outlined in Attachment 3 of Report
F-2024-45.Page 118 of 357
RATES
Should Council be satisfied all possible
amendments have been considered:
3.THAT Council shorten the 30-day review period
(December 5, 2024 to January 4, 2025), allowed
under the Strong Mayors Act, by 25 days, such
that the review period ends on December 10,
2024
If no amendments have been made and
recommendation #3 has been approved to shorten
the review period, then the budget will be deemed
adopted (i.e. approved) as of December 10, 2024.
Recommendations
Page 119 of 357
Questions?
CITY OF NIAGARA FALLS
THANK YOU!Page 120 of 357
PBD-2024-51
Report
Report to: Mayor and Council
Date: December 10, 2024
Title:
AM-2024-023 – Minor Zoning By-law Amendment
5901-5929, 5930-5950, 5933-5953 & 5985 Bentley Common
Proposal: To permit twenty-one vacation rental units
Applicant: 1746362 Ontario Corp. (Feng Han)
Agent: Jennifer Vida (Jennifer Vida Consulting)
Recommendation(s)
That Council APPROVE the minor Zoning By-law Amendment to permit twenty-one
vacation rental units, subject to the regulations outlined in this Report.
Executive Summary
A minor Zoning By-law Amendment has been requested by 1746362 Ontario Corp.
(Feng Han) for twenty-one of the existing townhouse dwellings located at the southeast
corner of Robinson Street and Main Street. The proposed minor Zoning By-law
Amendment application proposes to extend vacation rental units as a permitted use to
twenty-one of the remaining townhouse dwellings.
At the Public Information Open House held on October 3rd, 2024, specific concerns
were raised by attendees with respect to increased transient and vehicular traffic,
impacts on parking, an undue concentration of vacation rental units, and implications on
the previously approved Revitalization Grant. Staff note that:
The City’s Official Plan states that commercial redevelopment in Drummondville
is encouraged not only to serve local residents, but to also attract tourists;
No concerns were raised by Transportation Services Staff with respect to
vehicular traffic and parking;
The concept of undue concentration with respect to vacation rental units does not
apply to lands with the Minor Commercial land use designation; and
The owner defaulted on the terms of their Grant Agreement following changes to
the project proposal and ownership. As such, City Staff have determined that the
owner is ineligible to receive the grant under the current Agreement.
Page 1 of 10
Page 121 of 357
The amendment is recommended for the following reasons:
The proposal satisfies matters of Provincial interest as outlined in Section 2 of
the Planning Act;
The proposal conforms to Provincial, Regional and City policies as it supports the
creation of a complete community. The Provincial Policy Statement, 2024 notes
that complete communities take different shapes and forms appropriate to their
contexts to meet the diverse needs of their populations.
Accommodation uses, including vacation rental units, are permitted on lands
designated Minor Commercial; and
The proposal is compatible with surrounding land uses.
Background
A minor Zoning By-law Amendment has been requested by 1746362 Ontario Corp.
(Feng Han) to permit vacation rental units in twenty-one of the thirty-four existing
townhouse dwellings located at the southeast corner of Robinson Street and Main
Street, as shown on “Appendix 1”.
The subject lands are designated Minor Commercial in accordance with the City of
Niagara Falls Official Plan and are located within the Drummondville Intensification
Node. The Minor Commercial land use designation permits the use of the lands for
accommodations, which include but are not limited to hotels, motels, inns, bed and
breakfasts, and vacation rental units.
The subject lands are zoned Residential Low Density Grouped Multiple Dwelling (R4-
916) Zone, in accordance with Zoning By-law No. 79-200, as amended by By-law No.
2010-131 and By-law No. 2016-111.
In February of 2024, the Committee of Adjustment approved Minor Variance application
A-2023-048 to allow seven of the thirty-four existing townhouse dwellings (5957-5981
Bentley Common) to be used as vacation rental units.
The minor Zoning By-law Amendment application originally proposed to extend vacation
rental units as a permitted use to the twenty-seven remaining townhouse dwellings.
However, following Staff’s review of the application, it was determined that six of the
townhouse dwellings (5989-6009 Bentley Common) are located on lands that are
designated Residential in the City’s Official Plan. As vacation rental units are not a
permitted use under the Residential land use designation, the applicant would also
require a concurrent Official Plan Amendment to facilitate the use of the six townhouse
dwellings for vacation rental units. Instead, the applicant elected to amend their minor
Zoning By-law Amendment application to exclude the six townhouse dwellings that are
Page 2 of 10
Page 122 of 357
designated Residential, and proceed with extending the use to only twenty-one of the
remaining townhouse dwellings, as shown on “Appendix 2”.
Site Condition and Surrounding Land Uses
The twenty-one townhouse dwellings that are subject to the minor Zoning By-law
Amendment application form part of a Common Elements Condominium that contains a
total of thirty-four townhouse dwellings. The dwellings are located at the southeast
corner of Robinson Street and Main Street. The lands were formerly used as a Coca-
Cola bottling facility.
Surrounding land uses include:
North – Detached dwellings and commercial establishments;
South – Main Street, detached dwellings and apartment dwellings;
East – Detached dwellings and Grey Robinson Park; and
West – Detached dwellings, apartment dwellings, and Main Street Baptist
Church.
Circulation Comments
Information regarding the requested minor Zoning By-law Amendment application was
circulated to City departments and divisions, agencies, and the public for comments.
The following summarizes the comments received to date.
Regional Municipality of Niagara
Regional circulation was not required as there is no Provincial or Regional
interest.
Fire Services
No concerns with respect to the minor Zoning By-law Amendment.
Municipal business licensing requirements shall apply to each individual unit to
operate as a vacation rental unit.
Vacation rental units will be subject to regular Fire Department inspections.
Information Services (GIS), Building Services, Municipal Works (Development
Engineering) & Planning (Urban Design, Landscaping & Cash-in-lieu of Parkland
Dedication)
No comments.
Page 3 of 10
Page 123 of 357
Municipal Works (Transportation Services)
No concerns or objections as each townhouse dwelling has two parking spaces
in tandem (one car in the garage and one car in the driveway). This complies
with the parking requirement in Zoning By-law No. 79-200 for vacation rental
units.
Neighbourhood Comments
A Public Information Open House was held on October 3rd, 2024 and was attended by
the applicant, their planner, and fourteen members of the public. Written comments
were also received from six members of the public.
In addition to the broad comments that were received in opposition to the proposal,
specific concerns were also raised with respect to increased transient and vehicular
traffic, impacts on parking, an undue concentration of vacation rental units, and
implications on the previously approved Revitalization Grant.
Staff’s responses to these concerns are as follows:
The City’s Official Plan states that commercial redevelopment in Drummondville
is encouraged not only to serve local residents, but to also attract tourists, who
are inherently transient in nature. The addition of twenty-one vacation rental units
will attract tourists to the area and support existing and future commercial
establishments, as envisioned by the City’s Official Plan. Should issues relating
to undesirable noise or behaviour arise, residents are encouraged to raise any
concerns with the appropriate authority (ie. municipal by-law enforcement or
police);
With respect to vehicular traffic and parking, no concerns were raised by
Transportation Services Staff, nor was a Traffic Impact Study identified as a
requirement. Zoning By-law No. 79-200 requires two parking spaces per vacation
rental unit, which may be provided in tandem. Staff note that each townhouse
dwelling can accommodate two parking spaces – one in the driveway and one in
the garage. With respect to on-street parking, there are no signed parking
prohibitions on either side of Main Street abutting the subject lands. However,
parking is prohibited on the north side of Robinson Street between Stanley
Avenue and Main Street, while there is a 2-hour parking limit on the south side of
Robinson Street between Ross Avenue and Grey Avenue. Further, overnight
parking is prohibited on all City roads between the hours of 2:00 AM and 6:00
AM.
The concept of undue concentration with respect to vacation rental units only
applies to lands with the Residential land use designation. However, Staff note
that the subject lands are designated Minor Commercial, and that
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accommodations, including vacation rental units, are permitted under the Minor
Commercial land use designation; and
The subject lands received approval for a Revitalization Grant under the Historic
Drummondville Community Improvement Plan (CIP) and entered into a Grant
Agreement on August 14th, 2018. This program offers a financial incentive in the
form of an annual grant to help offset the increased property taxes that can result
from the rehabilitation and revitalization of the lands. The owner defaulted on the
terms of this Agreement following changes to the project proposal and
ownership. As such, City Staff have determined that the owner is ineligible to
receive the grant under the current Agreement.
Analysis
1. Provincial Policies
City planning decisions are to be consistent with the Planning Act and the Provincial
Policy Statement, 2024. The proposal conforms as follows:
The proposal satisfies matters of Provincial interest as outlined in Section 2 of
the Planning Act; and
The proposal supports the creation of a complete community. The Provincial
Policy Statement, 2024 notes that complete communities take different shapes
and forms appropriate to their contexts to meet the diverse needs of their
populations.
2. Regional Official Plan
The subject lands are designated Delineated Built-up Area in the Niagara Official Plan
(NOP). The proposal conforms as follows:
The subject lands are located within the Urban Area and will not impact municipal
infrastructure and services; and
The proposed development supports the creation of a complete community.
3. City Official Plan
The subject lands are designated Minor Commercial in accordance with the City of
Niagara Falls Official Plan and are located within the Drummondville Intensification
Node.
The Minor Commercial land use designation permits the use of the lands for
accommodations, which include but are not limited to hotels, motels, inns, bed and
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breakfasts, and vacation rental units. Commercial redevelopment in Drummondville is
encouraged not only to serve local residents, but to also attract tourists.
Intensification node policies of the Official Plan seek to provide guidance for long-term
compatible co-existence of residential and non-residential uses. Furthermore, the
Drummondville Node is envisioned as a mixed-use commercial node.
With respect to affordability, Staff note that the Zoning By-law Amendment application to
permit the use of the lands for townhouse dwellings was approved in 2010, 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.
The proposal conforms as follows:
Accommodation uses, including vacation rental units, are permitted on lands
designated Minor Commercial;
From a compatibility perspective, the lands were previously used for commercial
purposes (Coca-Cola bottling facility) and have maintained their Minor
Commercial land use designation over time. The proposed vacation rental units
will be situated amongst other accommodation uses, including bed and breakfast
establishments at 6161 Main Street and 5725 Robinson Street, and two vacation
rental units at 6214-6218 Main Street;
The six townhouse dwellings located at 5989-6009 Bentley Common will not be
permitted for use as vacation rental units, which will assist with providing a
transition between the proposed vacation rental units and adjacent residential
uses;
The subject lands are situated immediately south of the portion of Main Street
that is identified as a Retail Street in the Official Plan. The addition of twenty-one
vacation rental units will attract tourists to the area and support existing and
future commercial establishments; and
Staff note that the townhouse dwellings were approved and under construction
prior to the adoption of the new Official Plan policies with respect to affordable
housing. As such, the dwellings were not designed or intended to meet the
definition of affordable.
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4. Zoning By-law No. 79-200
The subject lands are zoned Residential Low Density Grouped Multiple Dwelling (R4-
916) Zone, in accordance with Zoning By-law No. 79-200, as amended by By-law No.
2010-131 and By-law No. 2016-111.
In February of 2024, the Committee of Adjustment approved Minor Variance application
A-2023-048 to allow seven of the thirty-four existing townhouse dwellings (5957-5981
Bentley Common) to be used as vacation rental units.
The proposed minor Zoning By-law Amendment application proposes to extend
vacation rental units as a permitted use to twenty-one of the remaining townhouse
dwellings.
The departures requested from the R4-916 Zone regulations are summarized in the
following table:
ZONE
REGULATION
EXISTING
REGULATION
REQUESTED
REGULATION
STAFF
RECOMMENDATION
(DETAILS TO
FOLLOW)
Permitted Uses
The uses permitted
in the R4 zone,
save and except an
apartment dwelling
Add a maximum of
twenty-one
vacation rental
units
SUPPORT
The requested regulation can be supported for the following reasons:
The underlying Minor Commercial land use designation permits accommodation
uses, including vacation rental units;
The proposed vacation rental units will be situated south of a designated Retail
Street and amongst other accommodation uses, including bed and breakfast
establishments at 6161 Main Street and 5725 Robinson Street, and two vacation
rental units at 6214-6218 Main Street; and
The six townhouse dwellings located at 5989-6009 Bentley Common will not be
permitted for use as vacation rental units, which will assist with providing a
transition between the proposed vacation rental units and adjacent residential
uses.
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Appeal Rights – Section 34 of the Planning Act
In accordance with Bill 185, which received Royal Assent on June 6th, 2024, the
Minister, the applicant, or a specified person, public body, or registered owner of any
land to which the By-law will apply, who made oral submissions at a Public Meeting or
written submissions to the Council of the City of Niagara Falls prior to the passage of
the By-law, may appeal the By-law to the Ontario Land Tribunal. Third-party appeals are
no longer permitted.
Operational Implications and Risk Analysis
There are no operational implications associated with this proposal.
Financial Implications/Budget Impact
The addition of vacation rental units will not have an impact on the tax assessment of
the existing townhouse dwellings.
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
List of Attachments
Appendix 1
Appendix 2
Written by:
Mackenzie Ceci, Senior Planner, Current Development
Submitted by: Status:
Signe Hansen, Director of Planning Approved
- 02 Dec
2024
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 03 Dec
2024
Jason Burgess, CAO Approved
- 03 Dec
2024
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APPENDIX 1
Location Map
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APPENDIX 2
Site Plan
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Address: 5901-5929, 5930-5950, 5933-5953 & 5985 Bentley Common
Applicant: 1746362 Ontario Corp. (Feng Han)
Proposal: To permit vacation rental units within 21 of the 34 existing townhouse dwellings
Minor Zoning By-law
Amendment Application
AM-2024-023
Page 131 of 357
A GREAT CITY…FOR GENERATIONS TO COME
Location
Dwellings
Church
Commercial
Establishments
Dwellings
Apartment Dwelling
Page 132 of 357
A GREAT CITY…FOR GENERATIONS TO COME
Background
Official Plan
•Designated Minor Commercial
•Located within the Drummondville Intensification Node
Zoning By-law No. 79-200
•Zoned Residential Low Density Grouped Multiple Dwelling (R4-916) Zone
•A Minor Variance was approved in February to allow 7 of the 34 existing townhouse
dwellings to be used as vacation rental units
•The proposed minor Zoning By-law Amendment application proposes to extend vacation
rental units as a permitted use to 21 of the remaining townhouse dwellings
Page 133 of 357
A GREAT CITY…FOR GENERATIONS TO COME
Site Plan & Proposed Zoning Relief Page 134 of 357
A GREAT CITY…FOR GENERATIONS TO COME
Neighbourhood Comments
Concern Staff Response
Transient Traffic •The Official Plan states that commercial redevelopment in Drummondville is encouraged
not only to serve local residents, but to also attract tourists, who are inherently transient
in nature
•The proposed vacation rental units will attract tourists to the area and support existing
and future commercial establishments
•Should issues relating to undesirable noise or behaviour arise, residents are encouraged
to raise any concerns with the appropriate authority (ie. municipal by-law enforcement or
police)
Traffic &
Parking Impacts
•No concerns were raised by Transportation Services Staff, nor was a Traffic Impact Study
identified as a requirement
•Staff note that each townhouse dwelling can accommodate two parking spaces – one in
the driveway and one in the garage
Undue
Concentration
•The concept of undue concentration with respect to vacation rental units only applies to
lands with the Residential land use designation
•The subject lands are designated Minor Commercial. Accommodations, including
vacation rental units, are permitted under the Minor Commercial land use designation
Revitalization
Grant
•The owner defaulted on the terms of the Grant Agreement following changes to the
project proposal and ownership. As such, City Staff have determined that the owner is
ineligible to receive the grant under the current Agreement
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A GREAT CITY…FOR GENERATIONS TO COME
Recommendation
•That Council APPROVE the minor Zoning By-
law Amendment to permit 21 vacation rental
units, subject to the regulations outlined in
Report No. PBD-2024-51. Page 136 of 357
Bentley Common
Z O N I N G B Y - L A W
A M E N D M E N T
Page 137 of 357
Bentley Common Zoning By-law Amendment 2024 2
Bentley Common
•Current zoning:
•Low Density Grouped
Multiple (R4-916)
•Yellow – proposed new
VRU’s under this application
•Green - Current
variance permits 7
vacation rental units
•Blue – units removed
from this application
and will be subject to new applications
submitted ASAP. Page 138 of 357
Page 139 of 357
Page 140 of 357
Outlook
[EXTERNAL]-About permit Vacation Rental Units (VRUs) on the subject lands (5901-6009 Bentley
Common)
From Johnson Xia < >
Date Thu 9/26/2024 10:40 PM
To Tyler Galloway <tgalloway@niagarafalls.ca>
Hello
We do not agree to the establishment of Vacation Rental Unitson on the lands
(5901-6009 Bentley Common) .
Lisa Liu
9/27/24, 11:17 AM Mail - Tyler Galloway - Outlook
1/1
Page 141 of 357
1
Mackenzie Ceci
From:Johnson Xia < >
Sent:Sunday, December 1, 2024 7:59 PM
To:Mackenzie Ceci
Subject:[EXTERNAL]-About permit Vacation Rental Units (VRUs) on the subject lands (5901-6009
Bentley Common)
Dear Sir
Recently, we received your notice again regarding permitting Vacation Rental Units (VRUs) on
the subject lands (5901-6009 Bentley Common).
We do not agree to the establishment of Vacation Rental Unitson on
the lands (5901-6009 Bentley Common) .
Lisa Liu
Page 142 of 357
Outlook
[EXTERNAL]-Public meeting Oct 3, 2024
From Roxie W < >
Date Tue 9/24/2024 8:04 PM
To Tyler Galloway <tgalloway@niagarafalls.ca>
Cc Roxie W < >
Re: 5901-6009 Bentley Common zoning by-law amendment application city file : AM-2024-023
I would like to go on record as being opposed to allowing the 27 remaining townhouse dwellings being
given the go ahead to become VRUs.
This neighbourhood has undergone so many changes. The foot traffic as well as the vehicle traffic has
increased tremendously and has already made it unsafe for our children. Allowing more transient people
here creates an even worse situation. We have had a huge influx of ‘drug users’ and homeless people in
this once quiet neighbourhood.
Our city is in desperate need of affordable housing for our people. There are plenty of motels and hotels
and existing B&Bs in our city.
So I close with stating that I am opposed to having the 27 remaining townhouses turned into VRUs.
Have a beautiful day!
Roxanne Widdicombe
9/27/24, 11:17 AM Mail - Tyler Galloway - Outlook
1/1
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Outlook
[EXTERNAL]-Response to Bentley Common
From Jeff Preval < >
Date Mon 9/30/2024 5:29 PM
To Tyler Galloway <tgalloway@niagarafalls.ca>
Hello,
I am writing on behalf of myself and my family who live on Delaware Street. We are in receipt of the
city's letter informing us of Bentley Common's interest in applying for vacation rental units in our
neighborhood. I am not sure that our family will be able to attend the upcoming open house, that's
why we are emailing the city.
We are writing to adamantly oppose these vacation rental units from proceeding forward. We think
this project would have a negative impact on our community and make it too transient.
We are parents and there are many other children who live on our street and enjoy being outdoors.
Some quality of life issues that we see in our neighborhood include: speeding, homelessness and
people cutting through the neighborhood to get to Main Street. We are in need of more traffic
calming measures. By injecting more people into the area to live on a temporary basis, we feel that
renters will not be aware of the community's values and will just be looking to have a good time while
they're here.
We understand that companies are in business to make money, but we do not think that having
vacationers coming and going from the area all year round is an attribute.
We hope that the city council and the city's Planning, Building and Development Department reject
this proposal and have the developers of the project consider other options for this land.
Thank you,
Jeff Preval
10/2/24, 1:47 PM Mail - Tyler Galloway - Outlook
1/1
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Outlook
[EXTERNAL]-Response in Opposition to Zoning By-law Amendment Application - City File AM-
2024-023
From Janet Zylstra < >
Date Tue 10/1/2024 7:01 PM
To Tyler Galloway <tgalloway@niagarafalls.ca>
Cc Peter Zylstra < >
Dear Mr. Galloway,
Thank you for the opportunity to provide feedback on an upcoming Notice of Application.
We strongly oppose the 5901-6009 Bentley Common
Zoning By-law Amendment Application - City File AM-2024-023
Owner 1746362
Agent: Jennifer Vida
We live on Delaware Street in Niagara Falls. We have experienced neighbourhood disruptions for years by Vacation Rental Units.
People coming in and out of our area with no respect for this community. Coming to party, large crowds with little to no
consideration for individuals who actually live and work in the area. Our family has been unnecessarily exposed to lewd
behaviour, late night noise, and ongoing rotations of strangers in our area. Just when we have finally resolved VRU’s on our
street, you are going to approve 27 new units at the end of Delaware, unbelievable!
While we are grateful that this property is no longer a dangerous pit that it has been for close to 10 years. The high end town
houses that were promoted through original marketing have been downgraded to basic incomplete townhouses. What we would
like to see, is the complex completely finished, not the little fences with wire closures, not overgrown grass and weeds, but homes
with residents that will contribute to the fibre of our neighbourhood in a meaningful way. Not more transient people coming and
going (we have plenty of that already!), but people and families that need homes. Are we not in a housing crisis?
Please, please, please do not go backwards by adding more VRU’s to our area. Once again, we strongly oppose the approval of
an additional 27 townhouse dwellings to be used as VRU’s. We also do not approve of the 7 units that were already passed in
February 2024.
Respectfully submitted,
Janet Zylstra
10/2/24, 1:47 PM Mail - Tyler Galloway - Outlook
1/1
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PBD-2024-52
Report
Report to: Mayor and Council
Date: December 10, 2024
Title: Honourary Street Name: Rick Rose
Recommendation(s)
That Council APPROVE an Honourary Street Naming Application, to honourarily name
the block on Queen Street between Buckley Avenue and St. Lawrence Avenue after
Rick Rose for a period of five years, with the opportunity to apply for an extension of an
additional five years, pursuant to By-Law 2023-033.
Executive Summary
An application to honourarily name the block on Queen Street between Buckley Avenue
and St. Lawrence Avenue after Rick Rose has been received, to recognize Mr. Rose’s
contribution to the community through his significant music career, spanning over 40
years. The proposed street is significant to his history as it featured the former location
of the Niagara Institute of Music and Arts which he founded.
This application meets six of the seven Honourary Street Naming Policy criteria, and
there are no disqualifying attributes about Rick Rose 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.
If accepted by Council, Rick Rose will be the second honourary street name approved,
with the first being Gord Singleton.
Analysis
Rick Rose was a Niagara Falls-based musician who sadly passed away on July 14th,
2024 at the age of 64 after a battle with cancer. He was part of the music industry for
over 40 years, fronting the bands Lennex, Perfect Affair, and the Rick Rose Band. Rick
Page 1 of 6
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Rose toured internationally, having performed in Canada, the United States, Europe,
and Japan. Throughout his career, he had songs on more than 20 albums, with music
charting in Canadian radio’s top 40.
Rick Rose started his music career with the Niagara-based group Lennex, who toured
the United States, Canada, Japan, and then went on to perform in the Ontario/U.S.
Eastern Seaboard circuit. After Lennex split up, he helped to form the group Perfect
Affair, which debuted in 1982. The new group had a cross-continent tour, and later
travelled as far as the UK and Germany. Throughout his music career, Mr. Rose worked
with fellow musicians like Billy Ray Cyrus, Three Dog Night, and Barbara Mandrell.
Later, he worked as a songwriter, creating the theme song for the 1989 film Rude
Awakening, the song Dreaming Out Loud recorded by the Canadian group Doc Walker,
and Austin for Robyn Scott. He wrote music with songwriters such as Desmond Child,
Jim Steinman, Paul Rothschild, Mick Ronson, Roger Clinton, and Anton Fig.
Despite receiving offers to work in the music scenes of Nashville and New York, he
chose to stay in Niagara Falls. In the two decades prior to his death, he founded the
Niagara Institute of Music and Arts (NIOMA), providing Niagara youth with musical
education. He was also known for participating in charity events, and sat on the Niagara
Falls Arts & Culture Committee. In 2008, he was inducted into the Niagara Falls Arts
and Culture Wall of Fame. Even following his passing, the Rick Rose Music Foundation
works to educate aspiring musicians and provides access to resources including
scholarships.
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 six of the seven criteria.
a) Names shall be based on persons associated with the City of Niagara Falls;
Rick Rose began his career in Niagara Falls and following his professional music
career, chose to stay to bring music education to the City.
b) Names shall be based on local history, organizations, places, events, or culture;
Rick Rose was a contributor to not only music in Niagara Falls, but to music in
Canada. He contributed to Canadian music culture throughout his career, and
took part in organizations like the Niagara Institute of Music and Arts (NIOMA)
and the Niagara Falls Arts & Culture Committee.
c) Names shall be based on persons who demonstrate excellence, courage, or
exceptional service to the citizens of the City of Niagara Falls;
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Through his contributions to NIOMA and the Niagara Falls Arts & Culture
Committee, Rick Rose has demonstrated exceptional service to the music culture
of Niagara Falls, and to aspiring musicians in the City.
d) Names shall be consistent with a neighbourhood identity and community
commitment;
Rick Rose’s lifelong contributions to music, especially his desire to support it
within the City, 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;
Not applicable.
f) Names shall be unique. Name duplication and similar sounding names shall be
avoided; and,
There are no other streets within Niagara Falls named after Rick Rose, nor any
named Rose Street.
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.
Rick Rose contributed to Canadian music throughout his life, having worked
toward supporting a positive cultural image for the City. His career in music and
contributions to supporting young musicians brought prestige to the City.
Honourary Street 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 Rick Rose’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
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Pursuant to the Honourary Street Naming Policy and By-law 2023-033 this application
was circulated for comments to multiple City departments and divisions, including the
Fire Department, Geographic Information Systems (GIS), and Municipal Works. None of
these departments had concerns with the application. The Honourary Street Naming
Application was submitted by Wendy Leard, and the family of Rick Rose is supportive of
the application.
Honourary Name: Next Steps
Upon approval, a decorative sign topper will be added to the municipal street signs for
the block on Queen Street between Buckley Avenue and St. Lawrence Avenue. The
sign will be designed by the Communications Department in consultation with the
applicant and Rick Rose’s family. 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.
Two toppers will be installed, one on each end of the block. This will visually denote to
the public the length of the road that is dedicated to Rick Rose. Please see an example
of a sign in Appendix 1, which was created for the previous application for Gord
Singleton.
Financial Implications/Budget Impact
There are no financial implications for the proposed Honorary Street Naming as the
application is being processed internally. The honourary street sign application fee will
cover the cost of the sign production. Staff time will be expended designing,
coordinating production and installing the signs.
Strategic/Departmental Alignment
The proposal does not directly align with the Pillars of the 2023-2027 Strategic Plan.
Strategic Plan Pillars
List of Attachments
Report Appendix 1
Written by:
Brian Dick, Manager of Policy Planning
Submitted by: Status:
Signe Hansen, Director of Planning Approved
Page 4 of 6
Page 157 of 357
- 02 Dec
2024
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 03 Dec
2024
Jason Burgess, CAO Approved
- 03 Dec
2024
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APPENDIX 1
Sign Example
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CLK-2024-06
Report
Report to: Mayor and Council
Date: December 10, 2024
Title:
CLK-2024-06
Cost of Council Meetings
Recommendation(s)
THAT Council RECEIVE the Cost of Council Meetings Report as information and
provide DIRECTION to staff on setting the start times for the 2025 Council Meetings.
Executive Summary
A motion of Council was made on September 10, 2024, asking staff to consider cost
savings associated with starting City Council meetings at different times throughout the
day (9:00am, 1:00pm and 4:00 pm start times). Through 2023 (the last full year of data),
it is estimated 18 Council meetings, which generally began at 4:00 pm, cost taxpayers
approximately $147,233. A majority (84%) of the costs were fixed, limiting the amount of
potential savings by hosting meetings earlier in the day. The potential cost savings are
estimated at 3-5% of the total annual cost.
Background
In the September 10, 2024 Council meeting, a motion was made directing staff to
consider the potential cost savings associated with changing the future meeting start
time from 4:00 PM to earlier in the day. Generally, City Council meetings are attended
by the Mayor, eight (8) Councillors, senior staff, presenting staff, and support staff.
Council’s Procedural By-law states that the schedule of all regular meetings is to be set
annually and approved by Council. The dates of the 2025 schedule of meetings have
been approved. The bylaw does mention a 5:00pm start time, “or at such other time as
may be designated.” The Council has yet to choose the start times for 2025.
Historically, as Council meetings have lengthened, the start times for the meetings have
shifted from 7:00pm, to 6:00pm, to 5:00pm and in recent years, 4:00pm (with 1:00pm
start times for Summer and December meetings). The earlier start times have allowed
for a more fulsome agenda. The number of meetings on the schedule has also
increased for 2025.
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Analysis
In 2023, there were 18 City Council meetings (excluding a brief in-camera meeting on
September 19th), 15 of which started at 4:00 pm, and three (3) started at 1:00 pm. The
meetings ran in length from 2.2 to 9.3 hours, with the average being 5.1 hours long. In
total, there were 92.1 hours of Council meetings in 2023. A full analysis of the 2024
meetings has not been conducted however, to date, the average length of those
meetings is currently 6.4 hours long.
The estimated taxpayer-funded expense of hosting City Council meetings in 2023 was
$147,233, or $1,598 per hour. Table 2 provides a breakdown of hourly costs associated
with operating each hour of Council meeting in 2023.
Table 2: Hourly Costs to Run a Council Meeting in 2023
Cost Centre Hourly Rate
Staff Salaries* $1,126
Mayor and Council $277
Streaming & Tech. Support** $195
Total $1,598
*based on CAO, nine (9) department heads, and estimated support staff.
**based on $1,000 per meeting for third-party streaming and IT services.
The analysis includes five (5) unionized support staff earning $70,000 annually and
compensated on an hourly basis. Assuming work hours of 8:30 am to 4:30 pm,
approximately 75 hours of Council meetings occurred outside of business hours in
2023. The analysis assumed these staff were eligible for overtime pay at a rate of time-
and-one-half.
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Fixed Costs – Regardless of Meeting Start Time
Staff salaries are based on estimated hourly amounts which are somewhat misleading.
Senior staff, including General Managers and other non-union staff, are salary-based
and do not receive additional compensation for completing work-related tasks outside of
standard work hours. They are however compensated through personal time off in-lieu
of payment on a one-to-one replacement (e.g., one hour of overtime equals one hour of
future time off). However, there is a maximum amount of time a non-union City staff
member can accrue annually, which is typically achieved by department heads well in
advance of year-end. The resulting cost savings of not paying overtime are in favour of
the taxpayer. Though there may not be a financial cost, there is an opportunity cost to
the taxpayer as staff could have undertaken other activities. Additionally, excessive
unpaid overtime can have negative workplace implications.
Streaming and technical support services are provided by a third-party vendor at an
hourly cost of $195, regardless of the time of day.
Hourly fixed costs are estimated at $1,337, or $123,133 for 2023, representing 84% of
total costs.
Variable Costs – Change with Meeting Start Time
Union and other contract staff are compensated at a higher hourly rate for performing
duties outside of their standard work hours. These staff may include presenters,
technical support, administrative/clerical support, and a City Hall security guard.
Assuming work hours of 8:30 am to 4:30 am, these costs can change, depending on the
meeting time.
Qualitative Analysis
The direction from Council was for staff to consider any cost savings that may be
realized with various start times for the Council meetings. However, it may also be
beneficial for Council to get staff's opinion on their preference for the start time of the
Council meetings. Historically, Council have had several meetings over the years that
have started at 1:00pm. Mostly during the Summer months and recently in December.
This start time has been viewed by staff as being very desirable for many reasons. The
most obvious is that with an earlier start time, the potential for an earlier adjournment
exists. Most staff are starting their work day at 8:00 or 8:30am, despite the time in
which the Council meeting would commence. Not having to work a 14 to 16 hour day is
certainly desirable. In addition to any cost savings, however small that may be, having
a significant portion of the meeting held during traditional working hours also allows for
other participating support staff, security, consultants, external legal counsel, etc. to be
more readily available.
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Options Analysis
Table 3 illustrates three (3) scenarios theoretically applied to the 2023 Council calendar
(starting meetings at 9:00 am, 1:00 pm and 4:00 pm). The majority of costs are fixed as
Mayor and Councillors, senior management and IT costs effectively remain constant,
regardless of when meetings start. Financial savings would be realized through reduced
overtime among unionized and support staff.
Table 3: Estimated Annual Costs/Savings
Scenario 1: Status
Quo (4:00 pm start) Scenario 2:
1:00pmstart
Scenario 3:
9:00 amstart
Fixed Costs $123,133 $123,133 $123,133
Variable Costs $24,100 $19,391 $17,488
Total $147,233 $142,524 $140,620
Savings ($) - $4,709 $6,612
Savings (%) - 3.2% 4.5%
Conclusion
In general, there is limited potential to realize cost savings by adjusting the time Council
meetings begin as most costs are fixed. It should be noted that there appears to be a
desire to start the meetings a little earlier in the day to assist with the recent trend of
longer, more fulsome agendas. This tends to be a preference of staffs for various
reasons as well.
Operational Implications and Risk Analysis
Moving Council meetings to earlier in the day had the traditional argument of
discouraging a significant demographic of residents who hold day jobs from running in
future City Council campaigns, however with hybrid and flexible work arrangements
being more common, this issue may not be as pressing. Additionally, Council does
have the option of setting the meeting dates and start times on an annual basis.
Financial Implications/Budget Impact
Assuming costs and hours are equivalent to 2023, starting Council meetings in 2025 at
1:00 pm could realize $4,709 in savings, while a 9:00 am start would realize $6,612 in
savings. These savings represent a 3-5% reduction in total costs to run City Council
meetings.
Performing the analysis and drafting the report required approximately 4.5 hours of staff
time at an estimated cost of $275.
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Strategic Plan Pillars
Contributor(s)
Jacob Thomas, Senior Manager of Decision Support
Written by:
Bill Matson, City Clerk
Submitted by: Status:
Bill Matson, City Clerk Approved
- 03 Dec
2024
Jason Burgess, CAO Approved
- 04 Dec
2024
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Joedy Burdett
"Advocating the right to voice an opinion to the actions of the City of Niagara Falls Council."
“People shouldn’t be afraid of their government. Governments should be afraid of their people.”
Do not redact the contents of this document. This document can be freely distributed. Comments #12-08-2024-01 Monday, December 09, 2024
Subject: Cost of Council Meetings – Meeting Start Times
Dear Council Members,
I am writing to express my preference for council meetings to begin at 4 p.m. The cost savings
do not outweigh the financial and logistical inconveniences to the public's ability to make
presentations before the council.
As a self-employed individual with total control over my business dealings and the ability to
walk to council meetings, I am in the category of persons least affected by whatever hours you
choose to start the meeting. Despite this, I still find a 1 p.m. start inconvenient. It is much more
equitable to expect a resident to leave work an hour or two early than to have to take an entire
half day, if not a full day, off work to participate in council meetings.
Advocating for myself and the rest of the public who may not have such freedoms, I request that
you make 4 p.m. the default start time with warranted exceptions only.
When you chose to run for council, you and the residents who elected you had an understanding
of the historic responsibilities you were being asked to provide. Changing the start time of
meetings, which can clearly result in individuals who wish to participate in council meetings not
doing so, should not be presupposed as the will of voters. You did not “run” on the merits of
changing the historic start times of council meetings.
Keep in mind why this report was commissioned. It is a Financial Implications/Budget Impact
report, not a time savings report. Every other word in this report is redundant to those within the
Financial Implications/Budget Impact section, which clearly indicates that the historically
established meeting start times are financially 97-95% efficient.
Staff have already provided the answer as to when meetings should start based upon the
Financial Implications/Budget Impact.
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Joedy Burdett
Former 2022 Candidate for The Niagara Falls City Council
Ontario Independent Designer (BCIN 38837)
Building Services, Plumbing-All Buildings, Small Buildings
30+ years - Niagara Falls Business Owner Niagara Tinting
4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7
(905) 353 8468
Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of
Rights.
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MW-2024-45
Report
Report to: Mayor and Council
Date: December 10, 2024
Title: Proposed Boulevard Maintenance Bylaw Amendment
Recommendation(s)
1. That Council RECEIVE this Report for information;
2. That Council APPROVE an amendment to the Maintaining of Land Bylaw, Bylaw
2007-41, in the form included in the Bylaws section of todays agenda, for the
purposes of including definitions of boulevards and abutting boulevards, and the
responsibilities for maintenance of the same;
3. That Council DELEGATE authority to the Chief Administrative Officer, the
General Manager of Planning, Building and Development, and their further
designates, to take any step or action necessary to administer the said Boulevard
Maintenance By-law.
Executive Summary
Council has identified the need for citizen participation in the maintenance of boulevards
abutting private properties. This report explores the legal basis and makes the
recommendation to require property owners to participate in the maintenance of City
right-of-way lands that abut private properties, and attaches a proposed form of by-law
to amend the existing Maintaining of Land Bylaw (Bylaw 2007-41) for that purpose.
At the present time, nearly all property owners abutting City right-of-ways do take pride
in maintaining the appearances of their right-of-way boulevards; however from time to
time there are instances where intervention is required in order to ensure boulevards
are better maintained for the benefit of the community. A by-law would allow for swift
intervention while also acting as a preventative deterrent for future instances.
Background
At its meeting on June 18, 2024 Council passed a motion for Staff to look at amending
the property standards by-law to regulate maintenance of boulevards. As stated by the
City Solicitor at a previous Council meeting, the property standards by-law is intended to
regulate structures on private property.
Council asked if there was a possibility to regulate the maintenance of boulevards that
abut private property, for beautification and community purposes. Beyond beautification,
overgrowth of boulevards can also result in health and safety issues given the possibility
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that such overgrowth could harbour infestation and cause the spreading of noxious
weeds.
For the most part, boulevards are not necessarily on private property, but rather on the
City's legislated right-of-way (ROW).
Analysis
The City has authority to compel residents to assist with the maintenance of these City-
owned portions of property such as road right-of-ways. Authority for such regulations
comes from the Municipal Act. In particular, the City can:
Pass a by-law addressing matters of health, safety and well-being of persons
(Section 11(2)(6));
Require a person to clean and clear refuse and debris from land which does not
include buildings (Section 127);
Prohibit and regulate matters that, in the opinion of Council, have become public
nuisances (Section 128); and
Prohibit and regulate the use of any land for storage, wrecking, dismantling and
salvaging of used motor vehicles (Section 131).
The definitions of concepts such as “refuse,” “debris,” and “public nuisance” are
purposefully open-ended for each municipality to define (or not), and this is done to
achieve the objectives of by-laws under these sections. The intent of such by-laws
would be to promote pride and enjoyment in one’s community and to improve the
health, safety and well-being of persons.
Staff have surveyed boulevard maintenance by-laws in the municipalities of St.
Catharines and Oakville. Each of these municipalities have recognized the need to go
beyond property standards regulation of private properties and to impose an obligation
on citizens to assist with the maintenance of adjoining City-owned properties. Nearly all
municipalities follow this or a similar approach.
These municipalities define the regulated portions of a boulevard as follows:
St. Catharines Oakville
An “abutting boulevard” means any
portion of a boulevard that is abutting or
contiguous to land, and a “boulevard”
means the portion of the public highway
between the travelled road and the street
line which is not intended for vehicular
travel by the general public, and includes
any landscaped areas and those areas
separated from land by any barrier,
including by sidewalks and fences.
An “adjoining boulevard” is that portion of
the roadway between the travelled
portion of the roadway and the Town
property line which abuts an owner’s front
property line or exterior side property line
and is not used or intended for use for
vehicular travel by the general public, and
includes the landscaped areas and any
driveway apron or sidewalk, but does not
include any curb or gutter that is not part
of a driveway apron.
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The regulation imposed on residents with respect to these boulevard areas is as
follows:
St. Catharines Oakville
Grasses or weeds exceeding 20 cm in
height must be cut and removed.
Owners are able to request exemptions
from the requirements of the by-law by
submitting to the applicable Director that
they are unable to comply with the by-law
“due to steep grades, walls or other
constraints or conditions.”
Every owner of property shall maintain
the adjoining boulevard at their expense,
and shall cut turfgrass, common weeds
and vegetative growth on the boulevard
whenever the height of the turfgrass,
common weeds or vegetative growth
exceeds 20 cm in height, and shall keep
the boulevard free of all noxious weeds.
Also, no person shall cut or remove trees
planted on the adjoining boulevard.
Based on these sample precedents and the legal authority identified, Staff have
prepared and recommend for Council's consideration an amendment to Bylaw 2007-41,
the Maintaining of Land Bylaw. An amendment is appropriate as this Bylaw already
enables the City to enforce various standards for exterior private property maintenance,
and it is therefore appropriate to extend the same standard to the ROW. A copy of the
proposed by-law amendment is included in the Bylaw section of todays agenda.
Council may also recall a recent amendment to this bylaw that occurred earlier in 2024
for the purposes of adding noxious weeds (in addition to grass over 20cm) to the list of
prescribed offenses in this bylaw. This further amendment will allow for a singular
approach to enforcement on properties where both the boulevard and property are out
of compliance, which is usually the case based on past observations.
Also key to the success of this bylaw amendment is the introduction of an exemption
process that may be granted by the General Manager of Municipal Works / City
Engineer, or his/her delegate for situations where a typical owner of the boulevard
cannot reasonably be expected to maintain the boulevard due to reasons beyond their
control, such as steep grades, retaining walls, or other unique constraints or conditions.
Operational Implications and Risk Analysis
Legal principles of tort are often used in the analysis of legal responsibility when it
comes to matters that potentially and actually cause damage to others.
Where a municipality requires other parties by by-law to assist with the maintenance of
its property, Courts have found that the municipality has specifically turned its mind to
the assignment and shifting of responsibility.
This means that the presence of a by-law of this nature tends to assist with mitigating
the City’s liability if there were claims arising out of infestation issues or weeds
spreading. A similar principle applies to sidewalk snow clearing.
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Financial Implications/Budget Impact
From a financial and resource perspective, the extension of the existing Maintaining of
Land Bylaw over the ROW may arguably increase workload on the existing and limited
complement of by-law enforcement staff for situations where only a boulevard is being
neglected. However, in many cases it is more likely the Maintaining of Land Bylaw is
already being enforced on the offending private property, therefore the extension to
include the boulevard as well simply closes the current loop-hole and will permit for
more seamless application of the Bylaw to handle the entire visual frontage of the
property.
If the by-law is approved, Staff will incorporate its enforcement as part of its file load and
will engage with matters on a complaint basis only. Staff will also retain and exercise
their statutory power to assess and deal with complaints under this by-law in a
reasonable and non-draconian manner; including the aforementioned exemption
process for boulevards that exceed reasonable expectations for regular homeowners.
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 .
Sustainability - Environmental
Implementing practices and policies to ensure the health and well-being of the
environment for current and future generations.
Contributor(s)
Nidhi Punyarthi, City Solicitor and Director of Legal Services
Written by:
Erik Nickel, General Manager of Municipal Works
Submitted by: Status:
Erik Nickel, General Manager of Municipal Works Approved
- 28 Nov
2024
Jason Burgess, CAO Approved
- 02 Dec
2024
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MW-2024-46
Report
Report to: Mayor and Council
Date: December 10, 2024
Title: Follow up on Sidewalk Winter Maintenance
Recommendation(s)
1. That Council DIRECT Staff to bring to Council for approval a Snow Clearing
Bylaw at a future date, with soft enforcement and education over the 2024/2025
winter and full implementation in the 2025/2026 winter.
2. That Council DIRECT staff to develop an assistance program for low-income
individuals with physical limitations, including seniors, in order to remain
compliant with the proposed bylaw for the 2025/2026 winter.
Executive Summary
A telephone survey was conducted in October that identified that eighty-five percent of
respondents feel that sidewalks should be cleared from ice and snow in the winter. This
result confirms Staff's opinion that there is a need for the City to develop a plan to
address accessibility of uncleared sidewalks.
The bylaw model is highly preferred over other options since it has been demonstrated
that there is no justification nor will of the public to significantly increase the staffing and
equipment in operations, effectively adding millions of dollars of annually to the budget
for the purposes of clearing sidewalks by City forces when: 1) more than eighty percent
of residents are already voluntarily clearing their sidewalks, and 2) that climate science
projections predict that winter snow events will become less frequent over the coming
decades.
Staff consequently recommend the implementation of a sidewalk snow clearing bylaw
with soft enforcement/education for the 2024/2025 winter and full enforcement for the
2025/2026 winter season.
Staff also recommend that a special assistance program be considered to support the
phase-in of this new approach, particularly to ensure that application of the bylaw does
not unintentionally target those who have bona-fide challenges in meeting the minimum
requirements.
Background
A report to Council was brought forward by Staff on October 1, 2024 with three
recommendations. Council carried the first recommendation, to increase service levels
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for city-cleared sidewalks for Class 2 and Class 3 roads by adding approximately 20 km
of curb-faced sidewalk to the City's sidewalk snow clearing program. The locations
added represent sidewalks that are immediately adjacent to the curb where snow plows
are highly likely to push snow from the road onto the sidewalk, thus increasing the
challenge for ordinary residents to keep these locations cleared.
The other two recommendations were to enact a bylaw and to establish an assistance
program. Council deferred their decision on these recommendations to a later date
pending a further survey of residents and property owners.
Analysis
Telephone Survey
A telephone survey was conducted in October by the Jim Ross Strategy company that
reached 640 households. The full results are included in the Appendix to this report.
Not by design, but it is noteworthy to point out that a majority of those surveyed, 64.7%,
were aged sixty years old or older. Expectedly, this group is also the largest segment
reporting to be home owners (as opposed to renters).
Notably, a wide majority of participants, 85%, believe that sidewalks should be cleared
from snow and ice; 54% responded that there should not be a bylaw with fines, and
63% responded they don't support a tax increase to pay the City to clear sidewalks, and
that people should clear their own sidewalks.
The result of the survey confirm to Staff the position that a bylaw is the most effective
manner of accomplishing the clearing of sidewalks for the 20% (approximate) locations
that are not being cleared by City crews or voluntarily by property owners and residents
today.
Typical Bylaw Compliance Process
Municipal Bylaws commonly follow a step-by-step approach to compliance with cleared
sidewalks as follows:
1. After an accumulation, and once the snow or ice event concludes, property
owners are given 24 hours to clear sidewalks.
2. Bylaw enforcement is generally conducted on a complaint-basis. When a
complaint arises and 24 hours has passed since the end of the accumulation, a
bylaw investigation is conducted.
3. Where the property is found to be non-compliant, the property owner is issued a
compliance notice requiring the sidewalks be attended to within a 24-hour period
from the date and time of the issuance of the compliance notice.
4. Where the property remains non-compliant after the 24-hour re-inspection, the
City arranges for the sidewalk to be cleared and the costs and fees associated
are recovered from the property owner through ordinary means, including adding
the costs to the tax roll.
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The timelines associated with bylaw compliance noted above are intentional in order to
align with O. Reg. 239/02, which allocate municipalities 48 hours after an accumulation
to return the sidewalk to a state of good repair.
Jurisdictional Scan for Bylaw Effectiveness
Staff reached out to Welland, St. Catharines, Pickering and Milton, City's who have in
place existing sidewalk clearing bylaws, to inquire about the extent of compliance with
the bylaw.
Welland indicated that compliance with the bylaw is generally very high, at
approximately 91% compliance for first notices delivered by Bylaw officers. In the past
few calendar years, Welland indicated the following statistics:
2022 = 104 investigations with 93% compliance (7 full infractions)
2023 = 73 investigations with 97% compliance (2 full infractions)
2024 = 6 investigations with 83% compliance (1 full infraction)
Welland's cost when enforcing a full infraction include a $200.00 administrative fee and
the actual costs of the contractors invoice to the offending property owner. Welland
does not have a financial assistance program for low-income seniors or persons with
disabilities.
St Catharines was able to provide limited information:
2022/2023 Winter = 94 investigations with 86% compliance (13 full infractions)
2023/2024 Winter (so far) = 6 investigations with 100% compliance.
Pickering with an estimated population of over 103,000 residents, indicated the bylaw
has high compliance. Over the last few years Pickering indicated the following statistics
(full stats were unavailable):
2022 = 305 complaints
2023 = 314 complaints
2024 = 96 complaints
Pickering experienced higher than normal snow fall amounts in 2022 and 2023. When
full enforcement is required the property owner is subject to the cost of snow removal by
the City's contractor in addition to a 25% administrative fee.
Pickering does offer an assistance program for seniors and those with disabilities. There
is an annual cap of 750 households.
Milton, with a population of 142,000 residents reported successful compliance with their
snow and ice bylaw.
2022 = 99 complaints
2023 = 241 complaints
2024 = 40 complaints
The penalty for contravention of the bylaw in Milton follows the provisions of the
Provincial Offences Act. Milton does not offer a sidewalk snow clearing assistance
program.
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The takeaway that Staff learned from this jurisdictional scan is that compliance with the
Bylaw is generally very high with an average annual requests for enforcement ranging
between 1-2 requests for every 1000 persons of population, depending on the severity
of winter.
Operational Implications and Risk Analysis
Should Council provide direction to proceed with the implementation of a sidewalk snow
clearing bylaw, Staff will proceed with drafting of this document and careful
consideration of the fines and fees recoverable through the Administrative Monetary
Penalties (AMPs) methodology. This bylaw would return to Council at a later date for
approval. It is expected that hard enforcement would not being any earlier than the
2025/2026 winter season thus allowing for approximately twelve (12) months of
education over the upcoming winter 2024/2025 season and the months to follow.
Should Council provide direction to proceed with a supportive assistance program, Staff
will develop this program and bring it to Council for approval prior to the 2025/2026
winter season. The program will ideally be launched six (6) months before the winter
season begins in order to allow for registrations and communication/advertising.
Financial Implications/Budget Impact
Should Council wish to consider a financial assistance program for qualifying individuals
without the physical ability and financial ability to meet the bylaw, corresponding
allocations and administrative/operational support will result in budget implications with
timing to correspond to the 2025/2026 winter season.
Strategic/Departmental Alignment
The recommendations of this report achieves the goals set out in Council’s Strategic
Priorities with respect to sidewalk safety and accessibility as part of fostering a Healthy,
Safe and Liveable Community, while also respecting the affordability of delivering
services in accordance with Responsible and Transparent Financial Management.
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 .
Sustainability - Environmental
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Implementing practices and policies to ensure the health and well-being of the
environment for current and future generations.
Sustainability - Social
Working in partnership with the Niagara Region to ensure residents have access to
basic needs, ensuring that Niagara Falls is a livable, inclusive and supportive
community for all.
List of Attachments
City of Niagara Falls Snow Clearing Poll Oct 2024 FINAL
Written by:
Erik Nickel, General Manager of Municipal Works
Submitted by: Status:
Erik Nickel, General Manager of Municipal Works Approved
- 29 Nov
2024
Jason Burgess, CAO Approved
- 02 Dec
2024
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CITY OF NIAGARA FALLS
SNOW REMOVAL POLLING RESULTS
OCTOBER 2024
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Page 2
74.2%
8.1%
3.5%
6.9%
0.4%6.9%
QUESTION 1: LIVE IN NIAGARA FALLS
Yes, Own a house (74.3%)
Yes, Rent a house (8.1%)
Yes, Own a condo (3.5%)
Yes, Rent an apartment
(6.9%)
No, But own a business here
(0.4%)
Don't live in Niagara Falls
(Survey Discontinued) (6.9%)
S=640
OverallMaleFemale18-3031-4546-6061-7475+Yes, Own a house 74.3%79.5%77.1%22.2%59.3%79.8%74.3%83.7%
Yes, Rent a house 8.1%10.5%11.0%7.4%13.5%8.8%12.7%8.1%
Yes, Own a condo 3.5%3.5%3.7%14.8%3.5%3.5%5.5%3.5%
Yes, Rent an apartment 6.9%6.2%8.2%55.6%22.0%8.0%7.2%4.7%
No, But own a business here 0.4%0.4%0.0%0.0%1.7%0.0%0.4%0.0%
Don't live in Niagara Falls
(Survey Discontinued)6.9%0.0%0.0%0.0%0.0%0.0%0.0%0.0%
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Page 3
84.3%
15.7%
QUESTION 2: SHOULD SIDEWALKS BE CLEARED FROM
SNOW AND ICE?
Yes, They should be cleared
(84.3%)
No, They should not (15.7%)
S=640; Undecided/Unsure 5.9%OverallMaleFemale18-3031-4546-6061-7475+Yes, They should be cleared 84.3%82.3%86.9%84.0%83.2%83.4%89.5%85.0%
No, They should not 15.7%17.7%13.1%16.0%16.8%16.6%10.5%15.0%
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Page 4
45.7%
54.3%
QUESTION 3: SHOULD THERE BE A BY-LAW WITH FINES?
Yes, There should be a by-law
(45.7%)
No, There should not be one
(54.3%)
S=640; Undecided/Unsure 14.6%OverallMaleFemale18-3031-4546-6061-7475+Yes, There should be a by-law 45.7%41.3%50.7%20.8%36.0%46.3%53.6%45.1%
No, There should not be one 54.3%58.7%49.3%79.2%64.0%53.7%46.4%54.9%
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Page 5
36.9%
63.1%
QUESTION 4: WOULD YOU PAY 2% MORE IN PROPERTY TAXES?
Yes, The extra amount is
worth it (36.9%)
No, People should clear their
own sidewalks (63.1%)
S=640; Undecided/Unsure 16.6%OverallMaleFemale18-3031-4546-6061-7475+Yes, The extra amount is
worth it 36.9%35.8%38.3%34.8%38.3%37.5%39.5%38.5%
No, People should clear
their own sidewalks 63.1%64.2%61.7%65.2%61.7%62.5%60.5%61.5%
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Page 6
OVERALL DEMOGRAPHICS OF SURVEY PARTICIPANTS
44.0%
56.0%
QUESTION 5: GENDER
Male (44%)Female (56%)
0.7%
4.4%
9.7%
20.5%
29.8%
34.9%
QUESTION 6: AGE
Under 18 (0.7%)
18 to 30 (4.4%)
31 to 45 (9.7%)
46 to 60 (20.5%)
61 to 70 (29.8%)
70+ (34.9%)
S=640; Other/Prefer not to say - 6.1%
S=640
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MW-2024-48
Report
Report to: Mayor and Council
Date: December 10, 2024
Title:
2024-396-16 - Whirlpool Road Reconstruction Budget
Amendment
Recommendation(s)
1. That Council AWARD Contract 2024-396-16 - Whirlpool Road Reconstruction, to
the lowest compliant bidder, Rankin Construction Inc., in the amount of
$1,537,425.00 + HST.
2. That Council APPROVE a 2024 capital budget amendment for the Whirlpool
Road Reconstruction project (R138-21) in the amount of $120,000, with $70,000
funded by a contribution from Atura Power and $50,000 funded by Capital
Special Purpose Reserves.
3. That the General Manager of Municipal Works / City Engineer be AUTHORIZED
to execute a cost-sharing agreement with Atura Power for their contribution to
actual costs of construction of the sanitary sewer required to service the Niagara
Hydrogen Centre development in the estimated amount of $70,000.
4. That the Mayor and Clerk be AUTHORIZED to execute any other agreements
related to the execution of the work described in this report.
Executive Summary
The purpose of this report is to seek Council approval to award Contract 2024-396-16 -
Whirlpool Road Reconstruction, to the lowest compliant bidder, Rankin Construction
Inc.
The Whirlpool Road reconstruction project was originally budgeted for road
reconstruction, the addition of bike lanes and roadside ditch improvements. Council
previously approved budget for construction in 2024 in the amount of $1,432,000.
Following the 2024 capital budget approval, Atura Power approached Municipal Works
staff regarding sanitary servicing for the current Niagara Hydrogen Centre development
on Whirlpool Rd. Due to the City’s anticipated construction schedule and scope of the
Whirlpool Road reconstruction project, Municipal Works staff identified the potential to
coordinate the installation of sanitary servicing for the Niagara Hydrogen Centre.
Installation of the sanitary servicing under the proposed Whirlpool Road reconstruction
project is anticipated to minimize disruption to the capital construction schedule and
potential for damage to the reconstructed road surface. It is anticipated that the City will
front-end costs for the installation of sanitary servicing for the Niagara Hydrogen Centre
with 100% recovery of those costs through a cost-sharing agreement with Atura Power.
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Inclusion of the sanitary servicing for the Niagara Hydrogen Centre and higher than
expected market pricing has resulted in a $120,000 budget shortfall. In an effort to
reconcile the budget shortfall with the budget overrun, a capital budget amendment in
the amount of $120,000 is being requested.
Background
The Whirlpool Road reconstruction project was identified to address the current state of
the existing pavement structure while improving surface drainage systems. The addition
of bike lanes on this segment of Whirlpool Road has also been included in the project
scope in keeping with recommendations contained in the Regional Bikeways Master
Plan. Funding from Niagara Region for the bike lanes has been identified in the project
funding strategy.
Analysis
In November 2024, the City issued a tender (2024-396-16) for the Whirlpool Road
reconstruction project. The contract was issued for bidding on November 5, 2024, and
the bid period closed on November 26, 2024. Construction is expected to begin in
January 2025 and end in June 2025.
The following bids were received:
Bidder Unofficial Tender Price (excl. HST)
Rankin Construction Inc. $1,537,425.00
Peter’s Excavating Inc. $1,673,722.12
Walker Construction Limited $1,895,600.00
The original $1,432,000 budget accommodates a majority of the planned works,
however, costs for some of the general construction items are higher than originally
anticipated. Costs associated with front-ending the sanitary servicing for the Niagara
Hydrogen Centre was not included in the original budget. An additional $120,000 is
required to award this tender and complete the full scope of work.
Operational Implications and Risk Analysis
A geotechnical investigation was completed in 2016 due to the age and deterioration of
the pavement structure. The geotechnical investigation noted that the areas of distress
within this segment of the road are consistent with the age of the asphalt pavement, and
occasional areas of subgrade failure.
During detailed design, it was also identified that surface drainage improvements and
stormwater infrastructure installation is required to assist with achieving the full life cycle
of the new pavement structure.
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Continued deterioration of the existing pavement structure is anticipated under current
use. Road reconstruction and surface drainage improvements are expected to mitigate
the risk of further deterioration or failure of the pavement structure.
Evidence of poor surface drainage conditions and ponding within roadside ditches was
observed during regular on-site inspection. Surface drainage improvements are
expected to mitigate the risk of flooding within the roadside ditch, road surface and
adjacent lands.
Financial Implications/Budget Impact
A total of $1,432,000 in capital funding has been approved for this project. Expenses
and commitments to-date total $610.56.
The cost of completing this project, including all construction costs, materials testing,
and geotechnical fees incurred in excess of the design budget, exceeds the $1,432,000
project budget by approximately $120,000. Staff recommends that Council approve a
2024 capital budget amendment of $120,000.
Staff also recommends that the General Manager of Municipal Works / City Engineer be
authorized to execute a cost-sharing agreement with Atura Power for their contribution
to actual costs of construction of the sanitary sewer required to service the Niagara
Hydrogen Centre development, in the estimated amount of $70,000.
A letter of understanding by Atura Power, dated March 18, 2024, has been included as
Attachment 1. The letter of understanding contains acknowledgement from Atura Power
that the City will install the sanitary sewer under the capital project. The letter also
indicates that Atura Power will be responsible for all costs and expenses incurred by the
City of Niagara Falls for performing installation of the new sanitary sewer.
Installation of sanitary servicing for the Niagara Hydrogen Centre under the scope of the
Whirlpool Road reconstruction project is anticipated to minimize conflict or delays in the
capital construction schedule.
Further damage to the pavement structure and potential costs to reinstate disturbed
areas will also be minimized through the installation of underground infrastructure prior
to road reconstruction and asphalt paving.
Strategic/Departmental Alignment
The recommendations in this report contribute to the City's strategic goal of providing
"strong and resilient infrastructure" by improving the condition of the road structure and
surface drainage systems.
Strategic Plan Pillars
Sustainability - Financial
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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
Attachment 1
Written by:
Steven Kizlan, Project Manager
Submitted by: Status:
Erik Nickel, General Manager of Municipal Works Approved
- 29 Nov
2024
Jason Burgess, CAO Approved
- 02 Dec
2024
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14 15 Joshuas Creek Dr., Unit 200 Oa kville , Ont. L6 H 7 G 4 aturapower.com City of Niagara Falls – Municipal Works 4310 Queen St. Niagara Falls, ON L2E 6X5
March 18, 2024 Attention: Mr Erik Nickel, General Manager of Municipal Works
RE: Letter of Understanding - Atura Power payment for identified sanitary line installation I am acknowledging that Atura Power H2 LP and the City of Niagara Falls have agreed that the preferred option for the installation of a new sanitary line related to the Niagara Hydrogen Project along Whirlpool Rd would be best performed by the City of Niagara Falls during their planned Whirlpool Rd Reconstruction Project and related sewer work in 2024. As discussed at the Municipal Connections review meeting with City of Niagara Falls Engineering on March 8, 2024, Atura Power H2 LP will be responsible for all documented out-of-pocket third party costs and expenses incurred by the City of Niagara Falls in performing the installation of the new sanitary line related to the Niagara Hydrogen Project and any related sewer work.
If you have any questions or would like additional information, please feel free to contact me at christopher.penny@aturapower.com.
Regards, Chris Penny, Manager Hydrogen Projects Atura Power
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R&C-2024-22
Report
Report to: Mayor and Council
Date: December 10, 2024
Title: Year-Round Indoor Courts Proposal
Recommendation(s)
1. That Council approve the tennis/pickleball dome at John N Allan Park to remain
up during the summer months.
2. That Council authorize the Mayor and City Clerk to execute the revised license
agreement with the Tennis Clubs of Canada to permit year-round tennis and
pickleball for the duration of the existing agreement.
Executive Summary
City Council approved the execution of the revised license agreement with the Tennis
Clubs of Canada at the May 28, 2024, meeting to allow the dome to remain up for one
year during the summer months at John N Allan Park. Staff were directed to report back
on the utilization and success of the dome this past summer.
The Tennis Clubs of Canada (TCC) has requested through staff to leave the air inflated
dome up year-round for the remainder of the agreement. The agreement with the TCC
is for 20 years and expires on September 30, 2043.
Leaving the dome up in the summer months will allow for continuity of programming and
staffing for the organization, allow for safer and quality play through the warm summer
months and an increase of available hours of play by eliminating rain dates and
enabling night play. The TCC will continue to provide free community use access at
various times during the summer months.
Background
The dome at John N Allan Park opened on February 9th, 2024. The dome was installed
at no cost to the city. The city did make improvements to the park which have
benefitted all users; asphalt a portion of the existing stone parking lot and adding
parking lot lighting. City Council approved the dome to remain in place during the
summer in 2024 as a trial and requested that staff report back on the utilization and
success of the courts. The trial run was found to be very successful with the demand to
extend the dome year-round. The cost of erecting the dome was the responsibility of
the TCC. This included the dome purchase, installation, mechanical equipment,
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washrooms and staffing resources to operate. The estimated investment by the TCC
was $1.2 million.
Staff recently met with the TCC to review the success of the dome this past summer
and to discuss their proposal moving forward. The original layout of the John N Allan
Park sport courts was 4 courts with lining for both tennis and pickleball. The maximum
number of courts in use at one time was 4. The court set-up within the dome – 2 tennis
courts and 8 pickleball courts increases the total count of sports courts available to 10.
Below are some statistics provided by the TCC.
Tennis
Student group lessons have increased from 10 students last season to 100
students currently registered.
Adult memberships have increased from 10 members last season to 43
members currently.
Court utilization increased as the summer went on:
o June 1 – September 30 – 65%
o July 1 – September 30 – 73%
o August 1 – September 30 – 76%
Pickleball
Utilization more than doubled in August & September compared to June when
the public was made aware of the free access to play on the sports courts.
August & September saw an average of 51 court hours being played per day
across 8 courts.
50% increase in membership from last season.
Currently have over 250 pickleball members.
Covering the courts with the dome offers several benefits, especially in mitigating issues
of slippery surfaces caused by weather conditions, such as rain and condensation. By
keeping slipping is themselves injuring and players surface risk the dry, the of
significantly reduced. A dome also provides shade, minimizing players’ exposure to
harmful UV rays and reduces the risk of health-related illnesses. Below are statistics
provided by the TCC to support keeping the dome up during the summer months.
June – 9 days with precipitation
July – 9 days with precipitation
August – 10 days with precipitation
Between June 1 – August 31 there were 49 days where the temperate was 28
degrees or higher (before humidity)
Users have provided positive comments on the online booking system that guarantees
their court time, eliminating waiting for a court avoiding the opportunity for a conflict.
Users are emailed a code to access the facility, and all activity is monitored by security
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cameras. Since leaving the dome up this summer, staff have not received negative
feedback on the facility or the operation of it.
John N Allan Park is situated in the city’s fastest growing residential area, where
demand for recreational amenities is increasing substantially. This, in combination with
the increase in popularity of racquet sports, particularly pickleball, has made the
availability of public sports courts even more valuable. Participation in these racquet
sports also contributes positively to physical, mental and social well-being.
Analysis
John N Allan Park is situated in the city’s fastest growing residential area, where
demand for recreational amenities is increasing substantially. This, in combination with
the increase in popularity of racquet sports, particularly pickleball, has made the
availability of public sports courts even more valuable. Participation in these racquet
sports also contributes positively to physical, mental and social well-being.
ANALYSIS/RATIONALE
The trial run of the dome enclosure proved to be successful for all parties involved. A
year-round dome enclosure will allow for an increase of available time for residents to
participate with indoor sports courts, eliminating barriers of weather and restricted
daylight time. The sports courts will continue to be made available for residents to
utilize for free year-round.
Below are details for public access during the spring/summer:
Non members (i.e. public access) can book courts 1 day in advance
Members can book 7 days in advance
No court fees for members and non members (public)
Fee based programming times (open to public at same cost as members):
o Weekdays: 4pm-7pm on all courts
o Weekdays: 9am-4pm on 3 courts (only for July & August – summer camp)
o Weekends: 1pm-4pm on all courts
The charts below indicates times available to the public with free access:
SPRING
Day Time # of Courts
Weekdays 6am-4pm All courts
Weekdays 7pm-10pm All courts
Weekend 6am-1pm All courts
Weekend 4pm-10pm All courts
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SUMMER
Day Time # of Courts
Weekdays 6am-9am All courts
Weekdays 9am-4pm 1 court
Weekdays 7pm-10pm All courts
Weekend 6am-1pm All courts
Weekend 4pm-10pm All courts
The city has several tennis and pickleball courts located throughout the city. There are
8 parks that have pickleball lines and 15 parks that have tennis courts (including John N
Allan). There is a project currently under construction at MF Ker Park that will see 6
dedicated pickleball courts become available beginning May 2024.
Financial Implications/Budget Impact
The city and the NFRC are partnered in a multi-year lease agreement, where the NFRC
will pay the city $10,000 annually to operate and maintain the sports courts facility while
the dome is in place. This includes an annual 3% increase in payments. If the dome
structure stays in place year-round, the NFRC will add an additional $3,000 annually in
payments to the city.
Strategic/Departmental Alignment
Strategic Priority, Healthy, Safe, and Livable Community: provide opportunities for
residents to remain connected and engaged, enjoy good health and participate fully in
the community. Continue to implement the recommendations from the 2021 Recreation,
Culture, and Parks Ten Year Plan.
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 .
Contributor(s)
Jeff Guarasci, Rob McDonald, Kathy Moldenhauer
List of Attachments
RCF-2024-22-NFRC - Attachment 1 -Year-Round Operation Proposal
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Written by:
Jeff Guarasci, Community Development Coordinator
Rob McDonald, Manager of Arenas & Customer Service
Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities
Submitted by: Status:
Kathy Moldenhauer, General Manager of Recreation,
Culture & Facilities
Approved
- 02 Dec
2024
Jason Burgess, CAO Approved
- 03 Dec
2024
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NIAGARA FALLS RACQUET CENTRE
YEAR-ROUND OPERATION PROPOSAL
Executive Summary
Niagara Falls Racquet Centre (“NFRC”) is seeking permission from the City of Niagara Falls (“the City”) to
expand from a seasonal to year-round operation of the sport courts located at John N Allan Park. The outline
below highlights the main benefits to the residents of Niagara Falls of the continuity of programming and
staffing at the NFRC, and addresses potential concerns from existing park stakeholders. To support the
request, NFRC relies on the positive experience witnessed at the Blackmore Tennis Club in the City of
Richmond Hill, who also made a transition to year-round operation.
Problem/Need
Based on feedback from our current users and staff, there is significant interest in NFRC providing services on a
year-round basis. Based on the current agreement between the City and NFRC, these services are limited to 7
months per year.
Objectives
The objectives of this project are as follows:
• Create year-round programming to provide continuity throughout the year.
• Maintain the City’s commitment to providing free access to the courts during the Spring/Summer
season.
• Align with NFRC’s corporate objective of affordability and accessibility.
Deliverables
• Keep the dome up on a year-round basis.
• The dome will be air conditioned during the Spring/Summer months as needed.
• The courts will remain as a public access facility 100% of the time.
• We will run fee based public access programming at the following times:
o Weekdays: 4 – 7 pm
o Weekdays: 9 am – 4 pm on 2 courts (only for July and August—summer camp)
o Weekends: 1 – 4 pm
• Any courts not used during programmed times will be opened up for public access, which we expect to
be the majority of time as we build our programs.
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PUBLIC ACCESS - SPRING
Day Time # of Courts
Weekdays 6 am – 4 pm All Courts
Weekdays 7 – 10 pm All Courts
Weekends 6 am – 1 pm All Courts
Weekends 4 – 10 pm All Courts
PUBLIC ACCESS - SUMMER
Day Time # of Courts
Weekdays 6 – 9 am All Courts
Weekdays 9 am – 4 pm 2 Courts
Weekdays 7 – 10 pm All Courts
Weekends 6 am – 1 pm All Courts
Weekends 4 – 10 pm All Courts
• Work with the current Spring/Summer instructor to provide her access to run her lessons.
• If the pilot project is successful, and the year-round option continues throughout the term of our
agreement:
o We propose to work with the City around various landscaping options, including our
participation in cost sharing for such measures, to positively impact the aesthetics of the
space.
o We can discuss with the City about the potential for some membership access during the
Spring and Summer for future years.
Benefits
➢ Lease Revenue: Increased lease revenue to City of Niagara Falls in the amount of $3,000.00, bringing
the total annual lease fee to $13,000.00.
➢ Structured Operation: Organized operation of sport courts through court booking system and
regularly scheduled programming (lessons, camps, round robins, leagues).
➢ Staffing:
o Program and staffing continuity on a year-round basis allowing consistency amongst players
and coaches.
o Ability to provide year-round and consistent employment opportunities to locals.
o Increased potential for attracting quality staff due to year-round employment.
o Volunteer opportunities will be available year-round (usually many more volunteer
opportunities in the summer because of camps).
➢ Affordable Access:
o courts will be available for public access at all times
o only fees are for programming—completely free at all other times
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➢ Improved Maintenance:
o Year-round court maintenance.
o Reduced likelihood of vandalism.
o Reduced likelihood of undesired usage (e.g. ball hockey, skateboarding) that could damage the
courts.
➢ Successful Model: This structure is utilized in Richmond Hill, Ontario—reduced conflicts, lack of
organization, experienced by the community when the courts were previously public. A letter of
reference is included at the end of this proposal.
➢ Spring/Summer Indoor Play: Indoor climate-controlled facility provides an option for play rain or
shine, and extends the usable court hours given that there are currently no lights for outdoor play.
➢ Childcare Solutions for Working Parents: Our summer camps provide healthy, affordable, childcare
solutions that focus on socialization and skill development through structured activities.
➢ Local Youth Development: A tennis and pickleball club helps provide structured programs for youth
development. Year-round access ensures continued progress, engagement, and retention amongst
youth. Benefits for youth engagement in sports are well documented, including a positive impact on
mental, social, emotional, and physical well-being, as well as long term educational and career
success.
➢ Enhanced Community Cohesion: Maintaining a year-round presence fosters a stronger sense of
community. It becomes a hub for community interaction and socialization. Regular events,
tournaments, and programs hosted on a continuous basis by the club help bring the community
together, and aid in fostering friendships, mental/physical/social/emotional health, as well as a strong
sense of belonging within the community.
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Letter of Reference
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PBD-2024-53
Report
Report to: Mayor and Council
Date: December 10, 2024
Title:
Interim Control By-Law related to Settlement Area Boundary
Expansions
Recommendation(s)
Council DIRECT work study related and policy staff undertake to to necessary
determine the best approach in addressing privately initiated settlement area boundary
expansion applications and report back to Council.
Council DIRECT staff to prepare an Interim Control By-law, to restrict any new
settlement areas and settlement area boundary expansions for a period of one year or
until the new Official Plan policies are in effect, whichever is less.
Executive Summary
Recent changes to the Planning Act and Provincial Planning Statement, 2024 have now
placed the responsibility of considering and approving settlement area boundary
undertaken previously were SABE’s expansions local with (SABE) municipalities.
through a comprehensive official plan review process at the Regional level, most
recently through the 2022 Niagara Official Plan. These new Provincial policies allow for
privately initiated applications to be made outside of Regional comprehensive reviews.
The City’s current Official Plan policies and study requirements have not yet been
updated to reflect the changes in the 2024 PPS.
City staff have received inquiries from the private sector about how the City would be
considering SABE applications given the recent changes. A change to a settlement area
boundary is a significant public policy decision that could, if not considered
appropriately, have significant impacts to the City and the City levy. City staff need to
consider the comprehensive and complex nature of these applications and develop
policies, criteria, study requirements and appropriate fees in advance of providing any
recommendation to Council on a privately initiated application. To allow the appropriate
time to undertake such work staff are recommending that Council pass an Interim
Control By-law that would freeze the existing settlement area boundary for a period of
one year or until the New Official Plan policies are in effect, whichever is less. Existing
Official Plan and Zoning permissions would continue.
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Background
The settlement boundary (also called an urban boundary) is an area that is already
serviced or is planned to be serviced with major roads, water and wastewater
infrastructure, fire services, parks etc. where development may take place. Establishing
an expanded settlement boundary requires careful thought to ensure we conserve
resources, promote sustainable growth and manage the efficient use of land and
servicing. Recent changes to Provincial planning direction mean that the City will now
need to consider privately initiated applications to expand settlement boundaries.
Provincial Planning Direction
The Province introduced a new Provincial Planning Statement, 2024 (2024 PPS) to
replace the 2019 Growth Plan and the 2020 Provincial Policy Statement with a single
new policy document. The new 2024 PPS came into effect on October 20, 2024. The
2024 PPS no longer requires SABE’s to occur through a Municipal Comprehensive
Review.
The 2019 Growth Plan previously defined a Municipal Comprehensive Review as “a
new official plan, or an official plan amendment, initiated by an upper- or single-tier
municipality…”, meaning that Niagara Region was responsible for undertaking this work
and the Province would be the final approval authority. The 2019 Growth Plan provided
very clear consideration around the requirements for a SABE, including the
demonstration of need in accordance with a land needs assessment as established by
the Minister, ensuring financial viability over the full life cycle of infrastructure and public
services needed to support the expansion, the expansion would be informed by
applicable water and wastewater master plans, considerations for impacts on the water
resource system and to avoid the natural heritage system where possible. The City will
now be required to process private applications for SABE’s on an ad hoc basis and
without a limitation on expansion size.
It is important to note that the City’s new Official Plan must be consistent with the 2024
PPS, but can provide additional direction and detail, unless doing so would conflict with
the 2024 PPS. Relative to SABE’s, the criteria in the 2024 PPS requires that planning
authorities shall consider:
the need for additional land;
that there is sufficient capacity in existing or planning infrastructure and public
service facilities;
a range of agricultural considerations, including avoiding prime agriculture land;
and
that any new or expanded settlement area provides for the phased progression
of urban development.
In addition to the changes in Provincial policy, there have also been key changes to the
Planning Act made through Bill 185, Cutting Red Tape to Build More Homes Act, 2024
related to pre-consultation processes. The Planning Act now states that municipalities
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cannot require a pre-consultation process. Considering this, the changes in policy
direction and the change in responsibility to the local municipality, it is important that
study requirements are clearly articulated through local planning policy.
Niagara Region Official Plan
The Niagara Official Plan includes SABE policies that provide a comprehensive list of
requirements, however it states that boundary expansions are to only be undertaken
through a Regional municipal comprehensive review process. Through the Region’s
recent to added land additional was review comprehensive municipal process,
settlement areas as a result of a detailed growth management work, along with
comprehensive studies that assessed what land would be the most appropriate to
include. The City of Niagara Falls received three substantial SABE areas totaling 441
gross hectares (1089 acres) through this process and the recent approval of the
Niagara Official Plan, including Northwest, Garner West, and the Southwest Hospital
areas.
Growth in Niagara Falls
The three new Regional expansion areas are subject to secondary planning. Through
study work, a secondary plan will effectively assess the potential for accommodating
new residential and community related growth. Between the three new expansion areas
(Northwest, Garner West, and Southwest Hospital) and the existing greenfield areas
being planned/developed (Garner South Secondary Plan, Grand Niagara Secondary
Plan, Grassy Brook Secondary Plan, Riverfront Community Master Plan), existing
approved areas strategic for areas, outside secondary of development plan
intensification focus, and gentle intensification throughout the existing communities
growth is expected to push the population beyond the Region’s minimum 141,000
people to an updated forecast of 177,500 people by 2051.
Official Plan Update
SABE’s are addressed in Section 2.8 of the City’s current Official Plan. This section
includes a list of considerations that must be addressed, however it refers to the
process that would be undertaken by the Region and subsequent Local Growth
Management Studies. The City of Niagara Falls is currently in the process of preparing
a new Official Plan that is intended to address the changing provincial planning
framework would most the be process and Official The directions. policy Plan
appropriate and comprehensive approach in updating SABE policies given the changes
in Local to Regional a being from the with along direction Provincial change
responsibility. The Official Plan is tentatively scheduled to be completed in the summer
of 2025.
The Province has announced that it is the intent to remove planning authority from
Niagara Region on March 31st, 2025. As the City is working on the new Official Plan,
this provides an opportunity to ensure that our new Official Plan complies with current
Provincial Policy including the new policies on SABE in the 2024 PPS.
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Analysis
Since the 2024 PPS has come into effect, there have been a number of inquiries from
the private sector about how the City is planning to address requests related to SABE’s.
Since the City’s new Official Plan process is currently underway, the policies around
SABE’s have not been finalized in light of the 2024 PPS. As noted above, the City’s
Official Plan policies must be consistent with the 2024 PPS, however they can provide
additional direction that may be uniquely relevant for the City, provided the policies do
not conflict with the 2024 PPS.
Key Considerations
SABE’s have recently been completed at the Regional level through a comprehensive
review Region, the needs growth across that Plan) Official (Niagara considered
servicing requirements, impact on agricultural lands and the natural environment among
other considerations. With the change in permissions to allow for privately initiated
SABE applications, it is important that the City continue to consider all implications this
could have on the Municipality and consider them comprehensively taking into account
all of the work that has been completed or is underway, including but not limited to:
The Our Niagara Falls Plan;
Master Servicing Plans (both Regional and City);
Master Transportation Plan (City);
Growth projections and housing pledge; and
Studies related to the expansions undertaken by Niagara Region.
In addition to the above, City staff need to understand the cumulative impact of multiple
applications and how to best assess them based on a logical progression of growth.
This would consider the size of the expansion request, phasing of growth and servicing
considerations (existing, capacity, planned, cost). If development charges do not cover
the cost of associated unplanned growth the responsibility of paying for growth would be
that of the taxpayer. In an effort to ensure that private SABE’s are appropriately
considered, staff will need to undertake a detailed policy review considering the
direction in the PPS along with the following:
Is there additional policy direction that should be included beyond the
requirements of the PPS?
Should there be different policy direction for boundary adjustments vs.
expansions?
Should there be a minimum or maximum size threshold?
Should there be major and minor expansion considerations?
Would a secondary plan be required for all expansion lands?
What study requirements would be required to support an application (e.g. need
justification, fiscal impact analysis)?
Should expansions for new employment lands be treated differently?
How will private applications address/study the comprehensive City-wide
implications of a SABE?
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Should there be strategically located areas identified for future expansions?
Considering the resources that would be required to process an application,
determine appropriate application fees.
In addition to the above, staff would undertake a best practice review from other
municipalities within Ontario to understand how they are addressing private SABE
applications which may prompt additional considerations.
Legal Considerations
The Planning Act previously did not allow for private applicants to appeal an official plan
amendment or zoning by-law amendment application that would expand or alter an in-
force settlement area boundary. Bill 185, Cutting Red Tape to Build More Homes Act,
2024 received Royal Assent on June 6, 2024 and made changes to the Planning Act to
now allow private applicants to appeal SABE application refusals and non decisions to
the Ontario Land Tribunal. Together with the changes that no longer allow municipalities
to require pre-consultation, there is a need to clearly articulate through policy and
process what the study requirements would be for any SABE.
Any SABE application will be complex and will require a range of studies that will likely
require SABE address to how explore to would staff City reviews. peer need
applications as part of the fee by-law. Finally, consideration should be given to the
likeliness of these types of applications being appealed and the implications around cost
and resourcing when staff are involved in tribunal matters.
Interim Control By-law
Given that neither the Regional Official Plan or the City’s Official Plan have been
updated as related to the 2024 PPS, the City is not well positioned to accept and make
a decision on an application for a SABE. Further, if Council does not make a decision
on an application, it can be appealed to the Ontario Land Tribunal which could set a
precedence for future applications or result in unplanned growth in inappropriate and
unserved areas.
A proposed solution is to enact an Interim Control By-law that would apply to the
existing settlement area boundary. The purpose of the Interim Control By-law for the
City of Niagara Falls would be to freeze the existing settlement area boundary (which
would include recently added expansions including Northwest, Garner West, and South
Hospital) and allow staff to review and undertake any required studies and background
work that could inform the new policies related to SABE’s, consistent with the 2024
PPS. This would ensure that no new Settlement Areas or SABE’s applications would be
permitted until the appropriate policies, criteria and study requirements are in place.
An Interim Control By-law is outlined in Section 38 of the Planning Act and allows for a
Council of a municipality by by-law or resolution to direct that a review or study be
undertaken in respect of land use planning policies in the municipality or in any defined
area or areas. The By-law would be in effect for the time specified in the by-law but
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cannot exceed one year. The Planning Act allows a municipality to prohibit the use of
land, buildings or structures within the municipality or within the defined area or areas
for such purposes as set out in the by-law. Should it be required, The Planning Act
does allow Council the ability to amend the interim control by-law to extend the period of
time during which it will be in effect, provided the total period of time does not exceed
two years from the date of passing.
Process
No notice or hearing is required prior to passing an Interim Control By-law, however the
Planning Act does direct that notice is provided as prescribed within 20 days of it
passing. Further any person or public body who was given notice may appeal within 50
days after the date of passing.
The policies that will be drafted in the new Official Plan related to SABE’s will go
through the full public consultation process including an open house and a statutory
public meeting as part of the new Official Plan process.
Operational Implications and Risk Analysis
Should Council determine that an Interim Control By-law is not the best approach at this
time, there is a high risk that applications could be submitted without the appropriate
fees and studies based on existing, out of date policies and the updated 2024 PPS. The
City has not planned to service new areas beyond the existing settlement area
boundary and any new areas would result in significant cost implications beyond what
has been budgeted related to servicing.
Financial Implications/Budget Impact
There are no direct financial implications arising from this report. Should Council
support the recommendations in this report, the work to update the policy framework
around SABE’s would be completed through the Official Plan process. If Council does
not support this approach, there will likely be financial implications related to the costs
associated with reviewing complex studies, legal fees associated with any appeals and
potential unplanned servicing costs associated with unsustainable expansions.
Strategic/Departmental Alignment
Developing clear SABE policies and criteria supports the Financial, Environmental and
Social Sustainability strategic priorities as it promotes sustainable growth by ensuring
efficient use of existing infrastructure; ensuring that the settlement area boundary only
expands when there is a clear need to accommodate growth, supported by
comprehensive studies; and that expansion lands are planned to support the
development of complete, healthy communities.
Strategic Plan Pillars
Sustainability - Financial
Page 6 of 7
Page 203 of 357
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.
Sustainability - Social
Working in partnership with the Niagara Region to ensure residents have access to
basic needs, ensuring that Niagara Falls is a livable, inclusive and supportive
community for all.
Contributor(s)
Brian Dick, Senior Manager of Policy Planning
Chris Millar, Senior Project Manager - Secondary Plans
Written by:
Kailen Goerz, Senior Manager of Long Range Planning Initiatives
Submitted by: Status:
Signe Hansen, Director of Planning Approved
- 04 Dec
2024
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 04 Dec
2024
Jason Burgess, CAO Approved
- 06 Dec
2024
Page 7 of 7
Page 204 of 357
PBD-2024-54
Report
Report to: Mayor and Council
Date: December 10, 2024
Title: Fence Variance – 5528 Buchanan Avenue
Recommendation(s)
1. That Council DIRECT staff to enter into an encroachment agreement with
Niagara Regional Housing, the owner of 5528 Buchanan Avenue, to allow a
1.82m high iron fence on City property
2. That Council APPROVE the Minor Variance request for 5528 Buchanan Avenue
Executive Summary
The City of Niagara Falls received an application for a minor variance to the fence by-
law from Niagara Regional Housing, in association with Good Shepherd Centres. The
requested variance was to vary the height of a proposed gated iron fence in the front
yard and around the perimeter of the site at 5528 Buchanan, from 1 metre to 2.75 m.
The proposed fence was requested to assist in securing the facility and its patrons from
criminal activities. The hope is this will in turn assist in removing the criminal elements
from this neighborhood.
The City’s fence by-law delegates authority to the Chief Building Official to make a
decision on the fence variance application, and on September 19, 2024 , the CBO
approved the proposed minor variance at a fence height of 2.75 metres in front yard
and around the perimeter of the property adjacent to a residential use. The approval of
the minor variance application was subject to conditions such as the removal of the
fence when the transitional/supportive housing use ceases by the Region or any future
owner of the transitional/supportive housing project at 5528 Buchanan Avenue.
After the original approval and after discussions with the applicant, the CBO amended
the minor variance decision on October 29, 2024 to only permit a fence height of 1.82
metres in front yard and around the perimeter of the property adjacent to a residential
use subject to the same conditions.
An appeal for the minor variance was received (see Attachment 4), and the appeal body
for the fence variance is Council. .
After the approval of the minor variance application, staff noted that the proposed fence
location was actually located on City of Niagara Falls property. The Region of Niagara is
Page 1 of 22
Page 205 of 357
now requesting that Council consider entering into an encroachment agreement with the
Region to permit the 1.82 metre high fence in the City’s road allowance.
Background
On July 7, 2024 the City of Niagara Falls received an fence variance application from
Niagara Regional Housing to vary the height of a proposed iron fence in the front yard
of the regional shelter property located at 5528 Buchanan from 1 metre to 2.75 metres
and to permit a perimeter fence adjacent to a residential use.
The request received from Niagara Regional Housing outlined the following reasons for
the Minor Variance request:
• Having a controlled access to the property will increase security to the site and
eliminate individuals who are not permitted to be on-site. This is an important aspect of
the fence and the most crucial. Both Good Shepherd and Niagara Regional Housing
made a commitment to ensure no illegal activity was occurring “on-site and that the
facility would not become a meeting space for criminal activity. Having control access to
the property will allow us to achieve this objective.
• The aesthetic appearance of the fence will contribute to community beautification
The City’s fence by-law (By-Law No. 2005-70 as amended by By-law 2017-069)
delegates approval authority of variances to the Chief Building Official (CBO) and
regulates fences in the front yard under Section 6.1 and does not allow for a fence of a
height greater than 1 metre above the adjoining ground level. In addition, Section 8.1 of
the fence by-law permits a fence height of 2.75 metres or less\above the adjoining
ground level around the perimeter of the property provided it does not abut a residential
use. These sections of the fence by-law were the sections amended through the
requested fence variance.
On September 19, 2024 the CBO approved the requested fence variance from 1 metre
to 2.75 metres. After the approval of the variance, the CBO’s had further discussions
with the applicant and the fence variance decision was modified to approve a fence
variance height of only 1.82 metres subject to the following conditions:
• The use of the Property must be supportive/transitional housing;
• In the event of the sale of the Property by Niagara Regional Housing, and the
intended use of the Property by the new owner will be for any purpose other than
supportive/transitional housing, then Niagara Regional Housing shall, on or before the
closing of the sale, remove the fence and ensure that the Property is in compliance with
the By-law; and
Page 2 of 22
Page 206 of 357
• In the event of the sale of the Property by Niagara Regional Housing, Niagara
Regional Housing shall advise the new owner of the terms and conditions of the Minor
Variance approval and provide the new owner with a copy of this letter.
After the minor variance was approved by the Chief Building Official, it was determined
that the fence will be located on City property. As the City is not exempt from the Fence
By-law, the minor variance is still required. An encroachment agreement between the
City of Niagara Falls and Niagara Regional Housing is recommended for the fence to be
constructed on City property.
Notice of the decision was sent out to every owner that shares the fence with the
requestor, as per the Fence By-law on October 18, 2024 advising that a 30 day appeal
period was in effect. A second notice was sent out in relation to the revised decision on
October 29, 2024 and every owner that shares the fence with the requestor was
advised of the new appeal period date of November 29, 2024.
An appeal was received by the City on November 28, 2024.
Analysis
The subject lands and the surrounding lands are zoned Tourist Commercial (TC).
Residential dwellings are constructed on either side of the subject lands.
The intent of the Fence By-law is to limit the height of a fence in the front yard and to
restrict commercial perimeter fences along residential property boundaries to ensure
that required sight lines are present to reduce collisions and make certain that the
operation of driveways of abutting properties is safeguarded. The fence spacing and
location of the proposed fence and gate posts shall not impede sightlines and does not
impact the driveways of abutting properties.
Based on the analysis above and the noted community safety reasons outlined by
Niagara Regional Housing, the minor variance was approved. As per the fence by-law,
the decision does not take effect for thirty dates from the date it is given and any person
who has an interest in the minor variance may appeal the decision to Council within
thirty days after the decision is given. An appeal was received by the City on November
28, 2024, with the last day for appeals being November 29, 2024.
The reasons outlined in the appeal for the fence variance include the aesthetic
appearance of a rod iron fence is not in keeping with the character within the
neighbourhood, along with the well-being of the residents of the facility. In addition, the
Page 3 of 22
Page 207 of 357
appellants note that the minor variance is not minor in nature as it is almost two times
the permitted height allowed in the fence by-law.
Staff is of the opinion that the fence variance is minor in nature as it meets the intent of
the Fence By-law as noted above and discourages unwanted behaviors from coming
into the neighbourhood.
Staff recommends approval of the minor variance
Operational Implications and Risk Analysis
There are no known operational implications to report at this time.
Financial Implications/Budget Impact
There are no known financial impacts to report at this time.
Strategic Plan Pillars
Sustainability - Social
Working in partnership with the Niagara Region to ensure residents have access to
basic needs, ensuring that Niagara Falls is a livable, inclusive and supportive
community for all.
List of Attachments
Attachment 1 - Good Shepherd Niagara Falls Layout
Attachment 2 - Iron Eagle cantilever gate
Attachment 3 - Golden-Eagle-II-PR
Attachment 4 - Fence Variance Appeal
Written by:
Luciano Chieca, Chief Building Official
Submitted by: Status:
Kira Dolch, General Manager, Planning, Building &
Development
Approved
- 06 Dec
2024
Jason Burgess, CAO Approved
- 06 Dec
2024
Page 4 of 22
Page 208 of 357
Page 5 of 22
Page 209 of 357
Page 6 of 22
Page 210 of 357
ISREONTEAGL IE N D U SRIPage 7 of 22
Page 211 of 357
Date:November 28,2024
RE:Fence Variance Request Appeal
Niagara Regional Housing
5528 Buchanan Ave,Niagara Falls
Decision of the Chief Building Official -—Mailing Date October 18,2024
City’s Building Services received a written request from Niagara Regional Housing for a minor
variance from the City of Niagara Falls Fence By—lawNo.2005—070,as amended by By—lawNo.
2017-069,as follows:
a.To build a gated fence across the front of the Property with a height of 2.75 metres to fully
enclose the facility;and,
b.To build a gated fence across the front of the Property with a height of 2.75 metres with a
land use of supportive/transitional housing.
0.A fence not exceeding 2.75 metres in height wherever such parcel does not abut a
residential use.
Decision:Granted
Decision of the Chief Building Official —Update Mailing Date October 29,2024
City’s Building Services received a written request from Niagara Regional Housing for a minor
variance from the City of Niagara Falls Fence By-law No.2005-070,as amended by By—lawNo.
2017-069,as follows:
a.To build a gated fence across the front of the Property with a height of 1.83 metres to fully
enclose the facility;and,
b.To build a gated fence across the front of the Property with a height of 1.83 metres with a
land use of supportive/transitional housing.
0.A fence not exceeding 2.75 metres in height wherever such parcel does not abut a
residential use.
Decision:Granted
The variance request was modified as noted above from the original approval and the 2 mailouts
of October 28 and October 29,2024.
6.1 Subject to Section 5 of the By—law,no fence of a height greater than 1 metre above theadjoininggroundlevelshallbeerectedormaintainedinanyfrontyard.A fence not exceeding 2.75 metres in height wherever such parcel does not abut a residentialuse.Page 8 of 22Page 212 of 357
Background:
Approval was granted on September 19,2024.By—lawNo.2005-070 states the decision does not
take effect for thirty days from the date it is given and that any person who has interest in the
minor variance may appeal the decision to Council within thirty days after the decision was given,
which the appeal must be in writing.
On October 7,2024,construction began with the installation of the fence posts prior to the 30
days elapsing.Please see attached photos.The location of the posts seems to be encroaching
onto the City property,which may also require an encroachment agreement with the City and
owners of the property.This is in contradiction to the by—lawand as a result an appeal has been
filed.
This is one of the reasons for an objection to the fence and gate as approved and that any
interested parties were not informed or disclosed of the placement of the fence within the
neighbourhood.The interested parties were only informed once the appeal letter was
provided to the City.
On October 18,2024,a letter was mailed out as noted in attachment one,explaining the nature
and extent of relief applied and reason for granting the variance.However,no drawings were
attached inrelation to the location ofthe fence and a visual description ofthe fence.The neigbours
across the street did not receive notification or decision letter from the City.
On October 29,2024,a revised letter was mailed out as noted in attachment two,again
explaining the nature and extent of relief applied and reason for granting the variance.Again,no
drawings were attached in relation to the location of the fence and a visual description of the
fence.Also,the neighbours living across the street did not receive anything from the City.
Questions arose about which neighbours received the mailout notice and if such a proposal
affects the entire street,especially neighbours living across the street from the proposal were not
informed of such decision letters by the City.
Below is an update by the neighbours reasoning as noted on the original letter for the appeal in
attachment three.
Reasoning and Rational Against the Fence Variance:
On October 9th,a letter of appeal was provided by the neighbours against the rod iron fence and
gate located in the front yard as noted in attachment three.
The adjacent properties and the properties across the street of this property are residential uses.
The properties on the street and adjoining streets are predominantly residential uses.To erect a
The fence variance is not considered minor in nature and should have never been granted orallowed.The variance is almost 2 times the requirement.No person would like to see a 6—foot—high rod iron fence in front of any facility,residents or establishment.The fence variance is out ofcharacterwithintheneighbourhoodandshouldnotbeallowed.The objective of this facility is tointegratethepeoplelivinginthislocationbackintosociety.Locking the people in this facility isPage 9 of 22Page 213 of 357
defeating the purpose and goal by having this Band—Aidsolution.This will not be a deterrent for
drug dealers entering the facility.Drug deals willoccur off-site and willnot help the problem.
By introducing a rod iron fence in this location will impede sightlines to the adjacent properties,
willdepreciated the value of the neighbouring properties,again willpresent a jail type setting,will
contradict the notion of integrating the people in this facility back into society with a lock down
facility,and the appearance ofthe fence inthe front yard with such a departure from the regulation
does not match the character of the neighbourhood with the residential uses.
One of the neighbours was informed back in the spring by the Director of the Good Shepherd,the
organization running the facility,that any future changes to the facility,the neighbourhood
residents would be told or sent documentation to these changes.No one was informed of this
change to the facility until an appeal letter was sent to the City.There have been two mail out
circulations after the original appeal was received.In fact,there has been no meeting set up by
the Good Shepherd —the organization operating the facility,the Niagara Region,or the City
explaining the rationale for this erection of the fence to the neighbours.Attachment one and two
explain the nature and decision,however no drawings were attached showing the type of fence
and the location of the fence on a site plan.The neighbours are questioning how approvals can
be granted with no site plan showing the location of the fence in the front yard.After the posts
were erected,the City sent out the City surveyor and confirmed the placement of the posts are
encroaching onto City property.The City surveyor spoke with a neighbour and confirmed the
encroachment.
There needs to be a better solution than implementing fences and gates.The security presence
has reduced the number of police calls dramatically.This has saved taxpayers money where
police can make other calls instead of constantly visiting this facility.This should be a permanent
solution to deter any drug dealings that might be occurring.If there are drugs and robberies
occurring,then the solution is to relocate this facility away from the residential uses.This facility
should not be in this location.The placement of a fence and gate for the safety of the residents,
which some residents living in this facility could be causing this drug problem is admitting to this
problem which further provides a reasoning for a relocation of the facility.
This facility has never worked out according to plan and as a result a mistake was made,and an
apology should be provided to the neighbours for disrupting everyone’s lives for the years the
facility has been in this location.A meeting was held three and half years ago by the Niagara
Region prior to the erection of this facility explaining to the residents that the people entering the
facility would be properly screened by the application process with no mention of a six—foot-high
fence or gate for safety reasons.That the organization running the facility would assist the people
and integrate the people back into society.This facility has been a detriment to this neighbourhood
and something needs to be done immediately.Rod iron fence andgates to keep residents in like
a jail camp is not the solution or a deterrent to keep drug dealers or not welcomed people out ofPage 10 of 22Page 214 of 357
Conclusion:
The neighbours do not want an iron rod fence and gate of 6 feet across width of the lot frontage,
based on the arguments noted in the appeal.This proposal was not handled in a proper way.
Providing delegated authority to the Chief Building Official (CBO)for a facility that has had issues
from the first day of placement was wrong.
The neighbours should have been informed about the erection of the fence and the decision
should have been made by the City Council with a circulation notice to the neighbours with proper
drawings that confirm the location of the proposed fence and a visual description of the fence and
gate.It’s sad that the neighbours must make inquires only when iron fence posts are placed on
the City property that an appeal letter must be forwarded.
Even Mayor Jim Diodati agrees that the placement of the iron rod fence and gate are not the
solution,and that the fence and gate should not be erected.Regional Council member KimCraitor
also visited the site and spoke to the neighbours and was not happy with this proposal.
Thank you for your consideration
Eleuterio,Renata,and Nick DeBenedetti location at 5523 Buchanan Ave across the street and
neighbours.Page 11 of 22Page 215 of 357
Pal-{ughmmT 0h Q j:
Niagara?a?s
CANADA
DECISION OF THE CHIEF BUILDING OFFICIAL
AS DESIGNATED BYTHECITYCLERK
IN THE MATTEROF By—LaWNO.2005-70 as amended by By—laW2014—153 FENCE BY—LAW
FILE:FV—2024-001
INTHE MATTEROF:
NAME:Niagara Regional Housing (Jeff Davis)
ADDRESS:5528 Buchanan Avenue
DESCRIPTIONAND LOCATION OF SUBJECT LAND:The subject property known as 5528 Buchanan Avenue and
situated between North Street and Kitchener Street.
NATUREAND EXTENTOF RELIEFAPPLIED FOR:The applicant is proposingto build a gated fence across the front
of the property with a height of 2.75 metres to fully enclose the facility with a land use of supportive/transitional
housing.The following fence variances are requested:
By-law Section By—lawRequirement Proposed 'Extent of Variance
Front Yard No fence of a height greater than Height of 2.75 metres Height of 1.75 metres
1 metre.
Commercial,Afence not exceeding 2.75 metres in Land use of supportive/To allow for a fence to abut
Agriculturalor height above the adjoining ground transitionalhousing and a residentialuse.
Industrial level shall be permitted around the abuts residential use
perimeter of any parcel of land used
for commercial,agricultural or
industrial purposes wherever such
parcel does not abut a residential use.
DECISION:GRANTED,pursuant to the provisions stipulated under Delegated Powers within the fence by-law.
REASON(S):Niagara Regional Housing requested the fencing to provide additional safety measures for the
residents within the supportive/transitional housing units.The spacing and location of the proposed fence and gate
posts shall not impede sightlines.The intent of the By-law requirements are to limitthe height of a fence and to
the placement of a fence in a front yard,other than on properties where the land is used for commercial,
and make certain that the operation of driveways of abutting properties is safeguarded.DATEOF DECISION:September 19,2024 hiefDATEOFMAILING:October 18,2024 W WFINALDATEOFAPPEAL:November 18,2024 City ClerkPage 12 of 22Page 216 of 357
AHodeW?m‘fTwo :
CANADA
Niagara ulls
REVISED
DECISION OF THE CHIEF BUILDING OFFICIAL
AS DESIGNATED BYTHECITYCLERK
IN THE MATTEROF By-Law No.2005-70 as amended by By-law 2014-153 FENCE BY—LAW
FILE:FV-2024-001
INTHE MATTEROF:
NAME:Niagara Regional Housing (Jeff Davis)
ADDRESS:5528 Buchanan Avenue
DESCRIPTION AND LOCATION OF SUBJECT LAND:The subject property known as 5528 Buchanan Avenue and
situated between North Street and Kitchener Street.
NATUREAND EXTENTOF RELIEFAPPLIED FOR:The applicant is proposing to build a gated fence across the front
of the property with a height of 1.83 metres to fully enclose the facility with a land use of supportive/transitional
housing.The following fence variances are requested:
By-law Section By-law Requirement Proposed Extent of Variance
Front Yard No fence of a height greater than Height of 1.83 Height of 0.83 metres
1 metre.metres
Commercial,Afence not exceeding 2.75 metres in Land use of supportive/To allow for a fence to abut
Agriculturalor height above the adjoining ground transitionalhousing and a residentialuse.
Industrial level shall be permitted around the abuts residential use
perimeter of any parcel of land used
for commercial,agricultural or
industrial purposes wherever such
parcel does not abut a residential use.
DECISION:GRANTED,pursuant to the provisions stipulated under Delegated Powers within the fence by-law.
REASON(S):Niagara Regional Housing requested the fencing to provide additional safety measures for the
residents within the supportive/transitional housing units.The spacing and location of the proposed fence and gate
posts shall not impede sightlines.The intent of the By—lawrequirements are to limit the height of a fence and to
agricultural or industrial purposes,is to ensure that required site lines are present to reduce the cause of collisionandmakecertainthattheoperationofdrivewaysofabuttingpropertiesissafeguarded.DATEOF DECISION:September 19,2024 Chief BUInOffic‘alDATEOFMAILING:'October 29,2024 4/IK-FINALDATEOF APPEAL:November 29,2024 City ClerkPage 13 of 22Page 217 of 357
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\
Date:October 9,2024
RE:Fence Variance Request Appeal
5528 Buchanan Ave,Niagara Falls
City’s Building.Servicesreceived awritten:request from Niagara Regional-Housingfora minor
variance fromthe Cityof Niagara Falls Fence By—lawNo.2005-070,as amended by By—lawNo.
2017-069,as follows:'
a.To builda gated fence across the front ofthe Property witha height of 2.75 metres to fully
enclose the facility;and,
b.To builda gated fence across the front of the Property witha height of 2.75 metres with a
land use of supportive/transitional housing.
Fence By—lawReguirements
6.1 Subject to Section 5 of the By—law,no fence of a height greater than 1 metre above the
adjoining ground level,shall be erected or maintained inany front yard.
Background:
Approvalwas granted on September 19,2024.ByJaw No.‘Z??54t‘3‘?3states the decisiondoes not
take effect for thirty days from the date it is given and that any personwho has interest in the
fence variance may appeal the decision to Council withinthirtydays after the decision was given,
whichthe appeal must be inwriting.
On.OctoberT.202.4,construction-beganwittr the-instaltatien-eithe-fence pests-pricr-tothe 33.
days elapsing.The locationof the posts seem to be encroaching on the Cityproperty which may
also require an encroachment agreement Withthe City and owners of the property.This is in
contradiction to the by—lawand as a result an appeal has been filed.This is the reason the letter
is inobjection tothe fence and gate as approved and that any interested parties were notinformed
or disclosed efthe placementof «thefencewtthintheneighboarhood.
Reasoning and Rational Against the Fence Variance:
The adjacent propertiesand the properties across the street of this property are residential uses.
properties.on.the.and,
requirement witha gate willgive the impression that the use ofthisfacilityis a penitentiary.The variance is not consideredminorin nature and should have never been granted or allowed.The varianceis almost3 times the requirement.No person wouldliketo see a 9 foot high rod ironfenceinfrontofanyfacility,residents.or establishment.The .Cityin .our...knowledge.hasnever -granted a variance withthis much of a departure from the regulation.This is not acceptable.Thefencevarianceisoutofcharacterwithintheneighbourhoodandshouldnotbeallowed.ThePage 14 of 22Page 218 of 357
objective of this facilityis to integrate the people livinginthis locationback into society.Locking
the people in thisfacilityis defeating the purpose and goal by havingthis Band—Aidsolution This
willnot be a deterrent for drug dealers entering thefacility.Drug deals willoccuroff-siteand will
not help the problem
By introducing a rod ironfence inthis locationwillimpede sightlines to the adjacent properties,
willdepreciated the valueofthe properties.again willpresent a jailtypesetting,willcontradictthe
notionof integrating the people inthis facilityback intosociety witha lockdown facility,and the
appearance of the fence inthe frontyard withsuch a large departure fromthe regulation does not
matchthe character of the neighbourhood withthe residentialuses.
One of the neighbourswere informedback in the spring by the Directorof the Good Shepherd
the organization running the facilitythat awfuturechanges to the facility,the neighbourhood
residents would be told or sent documentationto these changes.No one was informedof this
change to the facility
There needs to be a better solutionthan implementingfences and gates.The security presence
has reduced the number of police calls dramatically.This has saved taxpayers money where
police can make other cells instead of constantly visitingthis facility.This should be a permanent
solutionto deter any drug dealings that might be occurring.if there are drugs and robberies
'occurring,then the solution is to relocate this facilityawayfromthe residential uses.Thisfacility
should not be in this location.
Thisfacilityhas never worked out according to plan and as a result a mistake was made and an
apology should be provided to the neighbours for disrupting everyone’s lives for the years the
facilityhas been in this location.it’s a detrimentto this neighbourhood and something needs be
done immediately.Rod ironfence and gates to keep residents inlikea jailcamp isnot the soiution
or a deterrent to keep drug dealers or not welcomed people out of this facility.
Thank you foryourconsr"ed tion
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The City of Niagara Falls, Ontario
Resolution
December 10, 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 December 10, 2024, Niagara Falls City Council will be holding Closed
Meetings as permitted under s. 239 (2) of the Municipal Act, namely;
(f) advice that is subject to solicitor-client privilege, including communications
necessary for that purpose;
(i) a trade secret or scientific, technical, commercial, financial or labour relations
information, supplied in confidence to the municipality or local board, which, if
disclosed, could reasonably be expected to prejudice significantly the
competitive position or interfere significantly with the contractual or other
negotiations of a person, group of persons, or organization.
THEREFORE BE IT RESOLVED that on December 10, 2024 Niagara Falls City Council
will go into a closed meeting to consider matters that fall under 239 (2) (f) advice that is
subject to solicitor-client privilege respecting a planning matter as well as a draft Municipal
Accommodation Tax By-law; (i) financial information supplied to the municipality, which,
if disclosed, could reasonably be expected to prejudice significantly the competitive
position or other negotiations of a person or organization.
AND The Seal of the Corporation be hereto affixed.
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
Page 227 of 357
The City of Niagara Falls, Ontario
Resolution
December 10, 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 s. 5.1 of the City’s Procedural By-law states that all regular meetings of
Council shall be held according to the schedule to be set annually AND that in the event
that a Special Meeting of Council is required, the Clerk shall provide all Members with
notice of a Special Meeting at least forty-eight hours before such meeting.
WHEREAS on January 21, 2025 at 2:00 p.m, Niagara Falls City Council will be holding a
Special Closed Meeting as permitted under s. 239 (3.1) of the Municipal Act, namely;
1. A meeting of council may be closed to the public if the meeting is held for the
purpose of educating or training the members.
2. At the meeting, no member discusses or otherwise deals with any matter in a
way that materially advances the business or decision-making of the council.
THEREFORE BE IT RESOLVED that on January 21, 2025, Niagara Falls City Council
will go into a closed meeting to consider matters that fall under section 239 (3.1)
educational aspects related to the updated Official Plan.
AND The Seal of the Corporation be hereto affixed.
WILLIAM G. MATSON JAMES M. DIODATI
CITY CLERK MAYOR
Page 228 of 357
F-2024-40
Report
Report to: Mayor and Council
Date: December 10, 2024
Title: Approval of Interim 2025 Spending Limits
Recommendation(s)
THAT Council, in the absence of an adopted 2025 Tax Levy Supported Operating
Budget, APPROVES that City departments be allowed to incur costs to a level of 50%
of the departments’ expenditure budget of the prior year.
Executive Summary
Spending authority is delegated to staff by Council through the approval of the annual
budgets. Interim spending authority provides staff with similar authority within approved
limits during the year up to the date of passage of said budget.
Background
Staff’s authority to make payments to staff and suppliers is derived from an approved
annual budget. Preparation of the 2025 Tax Levy Supported Operating Budget is
underway, the 2025 Water/Wastewater budget being presented tonight, the 2025
Parking Budget and the 2025 Capital Budget, was presented to Council on November
26, 2024 and deemed adopted as of that date. As a result, staff requests that Council
approve interim spending limits for 2025 until the remaining budgets are approved. The
Municipal Act, 2001 provides Council with the opportunity to authorize staff to operate
and remit payments for expenditures incurred prior to the approval of a 2025 budget.
This authority is required for the City to maintain its operations until the final budgets are
approved.
Preparation of the 2025 budget has started but will not be approved until the new year.
All departments should be able to operate with an interim spending approval of
approximately 50% of the 2024 budget. If Council approval of the budget is not
achieved by the end of May, 2025, a further report with an amended interim spending
authority will be submitted.
Strategic/Departmental Alignment
This report is consistent with the following Council strategic commitments:
1. To be financially responsible to the residents of Niagara Falls by practicing
prudent fiscal management of existing resources and by making sound long-term
Page 1 of 2
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choices that allow core City programs and services to be sustainable now and
into the future.
2. To be efficient and effective in our delivery of municipal services and use of
resources and accountable to our citizens and stakeholders.
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 .
Written by:
Tiffany Clark, Director of Finance
Submitted by: Status:
Tiffany Clark, Director of Finance Approved
- 28 Nov
2024
Shelley Darlington, General Manager of Corporate
Services
Approved
- 29 Nov
2024
Jason Burgess, CAO Approved
- 02 Dec
2024
Page 2 of 2
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MW-2024-47
Report
Report to: Mayor and Council
Date: December 10, 2024
Title:
Intersection Control Review - Crawford Street at St. James
Avenue
Recommendation(s)
That Council APPROVE an all-way stop to be installed at the intersection of Crawford
Street at St. James Avenue.
Executive Summary
City Staff has a received a resident request to review the intersection controls on
Crawford Street at St. James Avenue. Following a technical review and input from area
residents, Staff are recommending that the installation of an all-way stop is warranted at
the study intersection.
Background
City Staff has received a request to review the intersection control on Crawford Street at
St. James Avenue. Currently, a stop sign facing both northbound and southbound traffic
on St. James Avenue controls the intersection.
Analysis
the at carried was (TMC) out movement turning intersection 8-hour An count
intersection of Crawford Street and St. James Avenue. The TMC data revealed the
average hourly volume obtained from all approaches was 131 vehicles. The majority of
traffic entering the intersection originates from St. James Avenue (58%), while 42% of
traffic enters from Crawford Street. Given the foregoing, the technical criteria for an all-
way stop is met.
A collision review revealed that a collision problem does not exist at the intersection of
Crawford Street and St. James Avenue in the previous 5 years. A visibility review
identified that motorists are afforded adequate sight lines to receive timely information
about the need to stop when approaching the intersection. Both northbound and
southbound motorists on St. James Avenue have sufficient visibility of oncoming traffic
to depart from the intersection and safely enter onto or cross Crawford Street.
of metres 75 within residents questionnaire delivered was A the to intersection
requesting input concerning the intersection control at Crawford Street at St. James
Avenue. The questionnaire was sent out to 28 residents, yielding a response rate of
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13% and revealed no consensus of either support or objection for an all-way stop.
Current policy requires that at least 80% of the residents within 75 metres of the
intersection must be in favour of an all-way stop for the residential portion of the City of
Niagara Falls Residential All-Way Stop Warrant to be fulfilled.
Although the residential component of the warrant was not fulfilled, Staff determined
that it is beneficial for the improvement of safety to go forward with the implementation
of an all-way stop at the intersection of Crawford Street at St. James Avenue. Crawford
Street is a local residential roadway with free-flow traffic throughout its length. Recent
traffic data has indicated that the operating speed on Crawford Street, particularly in the
eastbound direction between Odessa Court and St. James Avenue, has increased from
48 km/h to 58 km/h. The strategic placement of the all-way stop will disrupt free-flow
traffic conditions on the straightaway segment of Crawford Street, between Odessa
Court speed otherwise would motorists that thus Road, Drummond and limiting
throughout the entire segment. Furthermore, the installation of the all-way stop controls
allows for a controlled crossing location for pedestrians in this area, particularly younger
students enroute to school.
On November 1, 2024, residents were notified of Staff’s recommendation to implement
an all-way stop at the intersection of Crawford Street at St. James Avenue. Residents
were given another opportunity to provide further feedback on Staff’s recommendation
before submitting to Council. A total of 28 notices were delivered, with 1 resident
responding, which was in support of an all-way stop.
Financial Implications/Budget Impact
The installation of the all-way stop controls and the improvements to the sidewalks
accessibility features (tactile warning surface indicators and ramps), is to be carried out
by Municipal Works - Transportation Services and Operations/Construction staff. The
labour and material costs has been accounted for in the respective 2025 General
Purposes Budget. It is estimated that the cost to install the signs, improve crosswalk
platform, and paint crosswalk is approximately $3,000.
Strategic/Departmental Alignment
Encourage multi-modal travel and active transportation initiatives, and enhance
motorist, cyclist and pedestrian safety.
Strategic Plan Pillars
List of Attachments
MW-2024-47 - Crawford St @ St James Ave -Intersection Control Review - Study Area
Map
Written by:
Mathew Bilodeau, Manager of Transportation Engineering
Page 2 of 4
Page 232 of 357
Submitted by: Status:
Erik Nickel, General Manager of Municipal Works Approved
- 02 Dec
2024
Jason Burgess, CAO Approved
- 02 Dec
2024
Page 3 of 4
Page 233 of 357
MW-2024-47
Crawford Street at St. James Avenue
Intersection Control Review
- Stop Sign
- Signalized Intersection
Tallgrass Ave
Proposed Proposed
Crawford StSt. James AveThorold Stone Rd
Drummond RdPage 4 of 4Page 234 of 357
MW-2024-49
Report
Report to: Mayor and Council
Date: December 10, 2024
Title: Phase 3 - Rural Road Speed Limit Reviews
Recommendation(s)
1. That Council APPROVE the speed limit on Baker Road between Willoughby
Drive and City’s east limit be reduced from 70 km/h to 60 km/h;
2. That Council APPROVE the speed limit on Marshall Road between Ort Road and
Sodom Road be reduced from 70 km/h to 60 km/h;
3. That Council APPROVE the speed limit on Ort Road between Marshall Road and
north limit be reduced from 70 km/h to 60 km/h;
4. That Council APPROVE the speed limit on Reixinger Road between Ort Road
and Stanley Avenue (west) be reduced from 70 km/h to 60 km/h; and,
5. That Council APPROVE the speed limit on Beechwood Road between Taylor
Road and McLeod Road be set at 70 km/h.
Executive Summary
City Transportation Staff carried out a speed limit review to identify appropriate speed
limits in the rural area. The study area encompassed approximately 49 kilometers of
the City's rural network east of the QEW and south of Lyons Creek Road and 22
kilometers west of the QEW and north of the Welland River. The review encompasses
roads under the City’s jurisdiction only (ie; Regional roads were not included).
The speed limits were reviewed based on guidelines issued by the Transportation
Association of Canada (TAC) – Canadian Guidelines for Establishing Posted Speed
Limits (TAC CGEPSL), 2009. Of the 21 rural road segments reviewed in the study, staff
is recommending an adjustment to the speed limit of five (5) road segments.
This project is one initiative in assessing traffic safety in the rural area. Roadway
departure collisions along rural roads is one emphasis area that has been identified
through historical collision data and network screening for the City’s Vision Zero
program.
Background
City Staff has conducted a review of the speed limits of the City’s rural network to
identify locations where speed limit adjustments should be considered to enhance road
user safety and promote consistent operating conditions. The review was conducted in
three phases as below:
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Phase 1: A total of 14 road segments, representing twelve (12) corridors on
approximately 44 kilometres of the City’s rural network south of Chippawa Parkway and
west of Montrose Road were studied and assessed in 2022.
Phase 2: A total of 13 road segments, representing twelve (12) corridors on
approximately 32 kilometres of the City’s rural network east of Montrose Road and
southwest of Queen Elizabeth Way were studied and assessed in 2023.
Phase 3: A total of 23 road segments, representing 21 corridors on approximately 49
kilometres of the City’s rural network east of the Queen Elizabeth Way (QEW) and
south of Lyons Creek Road and west of the QEW and north of the Welland River were
studied and assessed in 2024. This report focuses on the findings of Phase 3.
The default speed limit for roads in the City of Niagara Falls is 50 km/h unless posted
otherwise, pursuant to Section 128 of the Highway Traffic Act. City Council can set
maximum rates of speed for City roads that differ from this default limit by amending the
City’s Traffic By-Law No.89-2000 (Schedule “W”) and posting MAXIMUM SPEED signs
in accordance with provincial regulations.
Analysis
Speed limits are set according to the road geometry and the prevailing operating speed.
An analysis of the information was conducted based on various criteria and guidelines
outlined by the Transportation Association of Canada (TAC) – Canadian Guidelines for
Establishing Posted Speed Limits (TAC CGEPSL), 2009 to determine an appropriate
posted speed limit.
The review entails a field review and data collection. The technician enters the data into
the CGEPSL spreadsheet and assigns a risk rating for various road attributes, including
but not limited to traffic volumes, operating speed, horizontal and vertical road
alignment, lane width, roadside hazards, pavement surface, number of driveways and
intersections, pedestrian and cyclist exposure, and parking activity.
A collision history review was conducted between 2020 – 2024 reveals that a collision
problem does not exist in the section of the city east of the QEW and south of Lyons
Creek Road. Most of the collisions are single motor vehicle types.
Based on the existing corridor physical characteristics, of the 21 rural road segments
reviewed in the phase, staff is recommending that adjustments to the speed limit of five
(5) road segments as summarized below:
Baker Road, between Willoughby Drive and the city's eastern limits, currently has a
speed limit of 70 km/h. However, the bridge over the QEW reduces visibility for
approaching motorists. To address these visibility constraints, a reduced speed limit of
60 km/h is recommended for this section of Baker Road.
Page 2 of 5
Page 236 of 357
Marshal Road, between Sodom Road and Ort Road, currently has a speed limit of 70
km/h. However, this road segment has a narrow pavement width of approximately 6.0
metres, which further reduces to 5.6 metres at a culvert. Due to these constraints, a
reduction in the speed limit to 60 km/h is proposed for this segment.
Ort Road, between Marshall Road and north limit is classified as a rural local road.
The current speed limit on this road is 70 km/h. Based on the guidelines, the
recommended speed limit for Ort Road is 60 km/h.
Reixinger Road, between Ort Road and Stanley Avenue (West), accommodates
approximately 10 driveways along a stretch of about 1,000 meters. Due to the high
volume of left-turn movements and existing road attributes, a speed limit of 60 km/h is
warranted for this section of Reixinger Road.
Beechwood Road between Taylor Road and McLeod Road currently has a speed limit
of 80 km/h, except for segments within 500 metres of the Beaverdams Road and
Beechwood Road intersection, which is lowered to 60 km/h. Based on the guidelines,
the recommended speed limit for and Beechwood Road is 70 km/h.
Mewburn Road is an arterial rural roadway. Guidelines reveals that a speed limit of 70
km/h is warranted on this road. However, in a speed limit review conducted in 2020, a
speed limit reduction from 80 km/h to 60 km/h was recommended and approved by
Council. Staff recommended keeping this speed limit unchanged.
McLeod Road, between Garner Road and Beechwood Road, is an arterial rural road
that has a speed limit of 60 km/h. Based on the guideline, the appropriate speed limit for
McLeod Road, as a rural road, would be 70 km/h. A new subdivision has been built on
the south side of McLeod Road in the eastern portion of the road segment and another
subdivision is planned for the western portion, while a secondary plan for the expanded
urban boundary is ongoing for the lands north of McLeod Road. Given the impending
housing planned, Staff is recommending that the existing 60 km/h speed limit be
maintained.
Financial Implications/Budget Impact
The installation of the new speed limit signs is to be carried out by Municipal Works -
Transportation Services staff. The labour and material costs are accounted for in the
General Purposes Budget.
Strategic/Departmental Alignment
Encourage multi-modal travel and active transportation initiatives, and enhance
motorist, cyclist and pedestrian safety.
Strategic Plan Pillars
Page 3 of 5
Page 237 of 357
List of Attachments
MW-2024-49 - Rural Road Speed Limit Review 2024_ATT #1
Written by:
Mathew Bilodeau, Manager of Transportation Engineering
Submitted by: Status:
Erik Nickel, General Manager of Municipal Works Approved
- 02 Dec
2024
Jason Burgess, CAO Approved
- 03 Dec
2024
Page 4 of 5
Page 238 of 357
MW-2024-49
December 10, 2024
Appendix A
Recommended Speed - East of the QEW and South of Lyons Creek Road
Id Name Of
Corridor
From Street To Street Current
Speed Limit
Recommended
Speed Limit
Change
1 Baker Rd Willoughby Dr City’s east limit 70 60
2 Beck Rd Logan Rd Marshall Rd 70 -
3.1 Marshall Rd Ort Rd Limits 70 -
3.2 Marshall Rd Sodom Rd Niagara River Py 70 -
3.3 Marshall Rd Ort Sodom Rd 70 60
4 Mewburn Rd Limits Mountain Rd 60 -
5 Miller Rd Sodom Rd Niagara Py 60 -
6 Ort Rd Marshall Rd North Limit 70 60
7 Reixinger Rd Stanley Ave (west)Ort Rd 70 60
8 Sherk Rd Sodom Rd Niagara River Py 70 -
10 Stanley Av Reixinger Rd Marshall Rd 70 -
11 Weaver Rd Ort Rd Niagara River Py 60 -
12 Willoughby Dr Willick Rd Marshall Rd 60 -
Recommended Speed - West of the QEW and North of Welland River
Id
Name Of
Corridor
From Street To Street Current
Speed Limit
Recommended
Speed Limit
Change
1 Beechwood Rd Taylor Rd McLeod Rd 60-80 70
2 Garner Rd Thorold Stone Rd Hendershot Bv 70 -
3 Garner Rd Mountain Rd Warner Rd 60 -
4 Garner Rd Warner Rd Mountain Rd 60 -
5 Kalar Rd Montrose Rd Mount Carmel Bv 70 -
6 Nichols Ln Limits Beechwood Rd 60 -
7 Upper's Ln
Thorold Townline
Rd Beechwood Rd 60 -
8 Warner Rd Taylor Rd Limits 60 -
9 McLeod Rd
Thorold Townline
Rd Garner Rd 60 -
Page 5 of 5
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R&C-2024-21
Report
Report to: Mayor and Council
Date: December 10, 2024
Title: Installation of Wind Phone
Recommendation(s)
That Council approve the installation of a Wind Phone along the Olympic Torch Run
Legacy Trail.
Executive Summary
Staff were presented with an idea by a local resident to install a Wind Phone within the
City of Niagara Falls. A Wind Phone is a one-way conversation device that allows
people to express feelings to a deceased loved one. These devices are a tool to help
with grieving, and to bring closure and comfort to the user.
The request included having the Wind Phone installed in the downtown area. Staff have
determined that the best location for the device along the Olympic Torch Run Legacy
Trail due to the preferred site lines and traffic volumes. Construction and installation
costing for the Wind Phone will be minimal.
Background
A Staff Member from the Community Health Centre in Niagara Falls recently attended a
Memorial health mental due someone lost to who people for event Vigil have
circumstances, at the Glenridge Quarry Naturalization Site in St. Catharines, Ontario.
The Vigil incorporated a Wind Phone that is permanently stationed on site near the
event proceedings. Attendees noticed that the Wind Phone was the primary feature at
the event and found that the purpose of the device played a large role in the healing
process for grieving participants.
A Wind Phone is an unconnected phone where people can hold one-way conversations
with deceased loved ones. The first Wind Phone was created and installed in Otsuchi,
Iwate Prefecture, Japan in 2010. Today Wind Phones can be found around the world in
over 200 locations, with its popularity still growing. Locally, there are currently 2 existing
known Quarry Glenridge at located Region, Phones the within Wind Niagara
Naturalization Site in St. Catharines and at the Ball’s Falls Conservation area in
Vineland, along the Cataract Trail.
Noticing that these Wind Phone create a positive mental health experience, the idea
was forwarded to Staff, requesting that a Wind Phone be installed in the downtown area
Page 1 of 5
Page 240 of 357
in Niagara Falls. Staff reviewed locations where to install the Wind Phone and found
that the Olympic Torch Run Legacy Trail is the most ideal location where both local
residents and visitors arriving from the Go Station can utilize the device. The location’s
proximity and preferred site lines from City Hall will help to discourage vandalism.
The Wind Phone is to be constructed by a local wood working volunteer and installed by
Staff. The construction and installation of the Wind Phone will be completed at a
minimal cost, while adding value to the area.
The Environmental Action Committee were made aware of the project and are in
support at their November 13th, 2024, committee meeting.
Analysis
The purpose of the Wind Phone is to provide an outlet for residents to deal with their
grief and to develop opportunities to strengthen the community’s wellbeing. The Wind
Phone also provides another positive mental health amenity for residents to utilize at a
low cost. The Wind Phone will establish another inviting area to visit within the
downtown core.
Operational Implications and Risk Analysis
Staff will be requested to install the Wind Phone on municipal property. There are no
apparent risks associated with the project.
Financial Implications/Budget Impact
A local resident, who has experience with woodworking has volunteered to construct the
Wind Phone for a small honourarium of $100. Construction materials and a decorative,
non-operating phone have been donated by the volunteer resident.
Once the construction of the Wind Phone is complete, Staff will be requested to install
the device onto a wooden pedestal along the Olympic Torch Run Legacy Trail at
minimal cost (locates, mounting hardware, wood post, and Staff time).
All costing for the project will be absorbed through the Recreation, Culture and Facilities
budget.
Strategic/Departmental Alignment
Strategic Priority, Healthy, Safe, and Livable Community: Provide opportunities for
residents to remain connected and engaged, enjoy good health and participate fully in
the community.
Strategic Plan Pillars
Sustainability - Environmental
Implementing practices and policies to ensure the health and well-being of the
environment for current and future generations.
Page 2 of 5
Page 241 of 357
Sustainability - Social
Working in partnership with the Niagara Region to ensure residents have access to
basic needs, ensuring that Niagara Falls is a livable, inclusive and supportive
community for all.
Contributor(s)
Jeff Guarasci, Community Development Coordinator
List of Attachments
RCF-2024-21 - Installation of Wind Phone - Attachment 1
RCF-2024-21 - Installation of Wind Phone - Attachment 2
Written by:
Jeff Guarasci, Community Development Coordinator
Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities
Beth Angle, Manager of Recreation and Programs
Submitted by: Status:
Kathy Moldenhauer, General Manager of Recreation,
Culture & Facilities
Approved
- 28 Nov
2024
Jason Burgess, CAO Approved
- 02 Dec
2024
Page 3 of 5
Page 242 of 357
Attachment #1 – Installation of Wind Phone Report #RCF-2024-21
Location of Wind Phone installation - Downtown Niagara Falls
LOCATION OF
WIND PHONE
INSTALLATION
CITY HALL
December 10, 2024 City of Niagara Falls Council Report
Page 4 of 5
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Attachment #2 – Installation of Wind Phone Report #RCF-2024-21
Examples of other Wind Phones around the World
December 10, 2024 City of Niagara Falls Council Report
Page 5 of 5
Page 244 of 357
1
Heather Ruzylo
To:Srpska skola Nikola Tesla
Subject:RE: [EXTERNAL]-Request for Serbian Flag-Raising at City Hall on February 14, 2025
From: Srpska skola Nikola Tesla <
Sent: Monday, November 18, 2024 11:47 AM
To: Jim Diodati <jdiodati@niagarafalls.ca>
Cc: Heather Ruzylo <hruzylo@niagarafalls.ca>; Carey Campbell <ccampbell@niagarafalls.ca>
Subject: [EXTERNAL]-Request for Serbian Flag-Raising at City Hall on February 14, 2025
Serbian School "Nikola Tesla"
6205 Belaire Ave
Niagara Falls, ON
srpskaskolanikolatesla@gmail.com
905-321 8201
Date: November 18, 2024
To:
Jim Diodati
Mayor of Niagara Falls
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Subject: Request for Serbian Flag-Raising at City Hall on February 14, 2025
Dear Mayor Jim Diodati and Esteemed Members of the City of Niagara Falls,
I am writing on behalf of the Serbian community in Niagara Falls and as the Founder and Director of the
Serbian School "Nikola Tesla." We kindly request your support in organizing a flag-raising ceremony for
the Serbian flag at City Hall on Friday, February 14, 2025, in honour of Serbian Statehood Day (Sretenje).
Serbian Statehood Day, observed annually on February 15, commemorates the First Serbian Uprising of
1804, marking the beginning of Serbia's journey toward independence from Ottoman rule. It is a
significant holiday for Serbians worldwide, symbolizing freedom, resilience, and cultural heritage.
We would be honoured to host a brief flag-raising ceremony in front of City Hall on February 14 at 11 am,
with the flag remaining raised through Monday, February 17, 2025. This gesture would be exceptionally
meaningful to the Serbian community in Niagara Falls, demonstrating the city's commitment to cultural
diversity and inclusivity.
We would be delighted to collaborate with your office to ensure the smooth organization of this event.
Our community members, local dignitaries, and students from the Serbian School Nikola Tesla are eager
to participate in this meaningful occasion.
Please let us know the necessary steps to secure approval for this request. We are happy to provide
additional information, discuss details, and work closely with your team to make this event successful.
Page 245 of 357
2
Thank you for considering this proposal. We hope Niagara Falls will join us in celebrating this
momentous day for the Serbian community.
Yours sincerely,
Borislav Zivkovic
Founder and Director
Serbian School "Nikola Tesla"
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 246 of 357
Page 247 of 357
Page 248 of 357
November 18, 2024 SENT ELECTRONICALLY
City of Hamilton
Haldimand County
Regional Municipality of Niagara
Local Area Municipalities
RE: Board of Directors’ 2025 Meeting Schedule
At the Board of Directors meeting held on November 15, 2024, the following resolution was passed:
Resolution No. FA-121-2024 Moved by: Michelle Seaborn
Seconded by: Donna Cridland
THAT Report No. FA-56-24 RE: Board of Directors’ 2025 Meeting Schedule BE RECEIVED;
AND THAT Appendix 1 to Report No. FA-56-24 RE: Board of Directors’ 2024 Meeting Schedule BE APPROVED;
AND THAT the meeting schedule BE PUBLISHED on NPCA’s website for public information;
AND FURTHER THAT the meeting schedule BE CIRCULATED to participating and local area municipalities.
Full Authority Meetings are to commence at 10:00am on their scheduled date. A copy of the
approved 2025 Meeting Schedule is enclosed for your reference.
Sincerely,
Melanie Davis
Manager, Office of the CAO & Board Niagara Peninsula Conservation Authority
Page 249 of 357
NPCA Board of Directors’Meeting Calendar 2025
Appendix 1 Report No. FA-56-24 Approved November 15, 2024
Full Authority Board Meeting Governance Committee, following Full Authority
Public Advisory Committee Finance Committee
Statutory Holiday / Office Closure
January February March
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 1 1
5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8
12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15
19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22
26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29
30 31
April May June
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 3 1 2 3 4 5 6 7
6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14
13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21
20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28
27 28 29 30 25 26 27 28 29 30 31 29 30
July August September
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 1 2 3 4 5 6
6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13
13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20
20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27
27 28 29 30 31 24 25 26 27 28 29 30 28 29 30
31
October November December
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 1 1 2 3 4 5 7
5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 14
12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 21
19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 28
26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31
30
Page 250 of 357
NPCA Board of Directors’Meeting Calendar 2025
Appendix 1 Report No. FA-56-24 Approved November 15, 2024
Full Authority Board Meetings,
10:00am start, Hybrid Meetings
Friday, February 21 – Annual General Meeting Friday, March 21 Friday, April 25 Friday, May 23 Friday, June 27 Friday, July 25 Friday, September 19 Friday, October 24 Friday, November 21 Friday, December 12 *(if required)
Note: there will be a Source Protection Authority Board meeting scheduled for February 21, 2025 to coincide with the Full Authority Board meeting.
Committees of the Board
Finance Committee Meetings
10:00am start, Hybrid Meetings
Wednesday, April 16 Wednesday, July 16 Wednesday, September 17
Governance Committee Meetings
Immediately following the Full Authority Board, Hybrid Meetings
Friday, March 21 Friday, June 27 Friday, November 21
Public Advisory Committee Meetings
5:00pm start, Hybrid Meetings
Tuesday, February 11 Tuesday, May 13 Tuesday, August 12 *(if required) Tuesday, November 25
Page 251 of 357
THE CORPORATION OF THE TOWNSHIP OF LARDER LAKE
69 Fourth A\enue,Larder Lake,ON
Phone:705-643 2158 Fax:705 643-23l 1
MOVED BY:Sl CONDLD BY:Motion #27
ElThomas Armstrong El Thomas Armstrong Resolution #2:l'
E]Patricia llull El Patricia llull Date:November l2.2024
El Paul Kelly El Paul Kelly
El 1ynne Paquettc Cl 1ynne Paquette
Whereas municipalities face growing infrastructure needs,including roads,bridges,public
transit,water systems,and other critical services,which are essential to community well-being
and economic development;and
Whereas the current sources of municipal revenue,including property taxes and user fees,are
insufficient to meet these increasing demands for infrastructure investment;and
Whereas the Province of Ontario currently collects the Land Transfer Tax (LTT)on property
transactions in municipalities across the province,generating significant revenue that is not
directly shared with municipalities;and
Whereas the Federal Government collects the Goods and Services Tax (GST)on property
transactions,a portion of which could be directed to municipalities to address local
infrastructure needs;and
Whereas redistributing a portion of the Provincial LandTransfer Tax and GST to municipalities
would provrde a predictable and sustainable source of funding for local infrastructure projects
without creating a new tax burden on residents or homebuyers;and
Whereas a redistribution of a portion of the existing Land Transfer Tax and GST would allow
economic growth and improving the quality of lifefor residents;
s/
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Aramst
Tom Armstron
Patricia Hull
Paul Kell
L nne Pa uette
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hisher(their)interests),abstainedfromdiscussionanddidnotvoteonthisquestion.
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Page 252 of 357
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OFFICE OF THE CITY CLERK
Nicholas Debono, City Clerk
3540 Schmon Parkway, P.O. Box 1044
Thorold, ON L2V 4A7
November 15, 2024
The Right Honourable Justin Trudeau
Prime Minister of Canada
Office of the Prime Minister
80 Wellington Street
Ottawa, ON K1A 0A2
justin.trudeau@parl.gc.ca
SENT BY EMAIL ONLY
Re. 14.2 City of Thorold Council Resolution – City Council Statement respecting
Flag Desecration
Please be advised that the Council of the Corporation of the City of Thorold, at its
meeting held on November 12, 2024, considered the aforementioned topic and the
following resolution was passed:
WHEREAS the Canadian flag is a symbol of the nation's unity, history, and
values, representing the sacrifices and contributions made by Canadians across
generations;
WHEREAS the Canadian flag stands as a symbol of national pride, democracy,
freedom, and the rights and responsibilities of Canadian citizens;
WHEREAS the desecration of the Canadian flag is an act that disrespects the
ideals and principles upon which Canada was built, undermining national
cohesion and respect for the country’s institutions;
WHEREAS acts of flag desecration can cause significant emotional harm to
Canadians, particularly veterans, and others for whom the flag represents
personal or collective sacrifice, dignity, and identity; and
WHEREAS criminalizing the desecration of the Canadian flag would serve as a
means of protecting national symbols from acts that seek to degrade their
meaning while still respecting the constitutional rights of citizens to protest
peacefully and express diverse views;
NOW THEREFORE BE IT RESOLVED THAT the Corporation of the City of
Thorold enacts as follows:
1. That Council for the City of Thorold SUPPORTS the amendment to the
Criminal Code R.S.C., 1985, c. C-46, for the purpose of criminalizing the
act of desecrating the Canadian Flag; and
Page 254 of 357
City of Thorold
P.O. Box 1044, 3540 Schmon Parkway,
Thorold, Ontario L2V 4A7 Page 2 of 2
Tel: 905-227-6613
2. That this resolution BE CIRCULATED to the Office of the Prime Minister
of Canada, Justin Trudeau, and the Office of Member of Parliament for
Niagara Centre, Vance Badawey, the Regional Municipality of Niagara,
and lower-tier municipalities within the Region of Niagara.
As per the above resolution, please accept a copy of this correspondence for your
information and consideration.
Thank you,
Nicholas Debono
City Clerk, City of Thorold
cc. Vance Badawey, Member of Parliament, Niagara Centre
Niagara Region
Local Area Municipalities
Page 255 of 357
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 November 26, 2024
CL 16-2024, November 21, 2024
BRCOTW 4-2024, November 7, 2024
CSD 48-2024, November 7, 2024
LOCAL AREA MUNICIPALITIES
SENT ELECTRONICALLY
2025 Water and Wastewater Operating Budget, Rate Setting and Requisition
CSD 48-2024
Regional Council, at its meeting held on November 21, 2024, passed the following
recommendation of its Budget Review Committee of the Whole:
That Report CSD 48-2024, dated November 7, 2024, respecting 2025 Budget – Water and Wastewater Operating Budget, Rate Setting and Requisition, BE RECEIVED and the following recommendations BE APPROVED:
1. That the 2025 Water & Wastewater net operating base budget increase of $5,751,426 (or 3.72%) plus $11,160,869 (or 7.22%) for capital financing over the 2024 operating budget BE APPROVED;
2. That an increase of $2,053,502 (or 1.33%) over the 2024 operating budget BE APPROVED to support additional staffing resources for service delivery;
3. That the 2025 Water Operations gross operating budget of $57,615,260 and net budget in the amount of $57,071,267 for the Water Budget, Rates and Requisition BE APPROVED;
4. That the proposed fixed water requisition shown in Appendix 3 of Report CSD 48-2024, based on 25% of the Region’s water net operating budget for the year and divided by 12 to determine the monthly charge, to be billed to each of the serviced Local Area Municipalities starting January 1, 2025, apportioned based on their previous three year’s average water supply volumes, BE APPROVED;
5. That the Region’s proposed 2025 variable water rate of $0.751 shown in Table 2 of Report CSD 48-2024, to be effective January 1, 2025 and calculated by taking 75% of the Region’s water net operating budget and dividing by the estimated supply volume, to be billed on a monthly basis to each serviced Local Area Municipality based on the previous month’s metered flows, BE APPROVED;
Page 256 of 357
6. That the 2025 Wastewater Operations gross operating budget of $121,023,619 and net budget in the amount of $116,477,200 for the Wastewater Budget, Rates and
Requisition BE APPROVED;
7. That the proposed 2025 fixed wastewater requisition as shown in Appendix 5 of Report CSD 48-2024, based on 100% of the Region’s net operating budget for the
year and divided by 12 to determine the monthly charge, to be billed to each of the Local Area Municipalities starting January 1, 2025, apportioned based on their previous three year’s average wastewater supply volumes, BE APPROVED;
8. That the 2025 wastewater monthly bills INCLUDE the reconciliation for the 2023 net requisition allocation based on actual wastewater flows versus the estimated flows, as shown in Appendix 6 of Report CSD 48-2024;
9. That the necessary by-laws BE PREPARED and PRESENTED to Council for consideration; and
10. That a copy of Report CSD 48-2024 BE CIRCULATED to the Local Area
Municipalities.
A copy of Report CSD 48-2024 and applicable by-laws are enclosed.
Yours truly,
Ann-Marie Norio
Regional Clerk
:ab
CLK-C 2024-119
cc: B. Brens, Associate Director, Budget Planning & Strategy
M. Raquion, Director, Financial Management & Planning/ Deputy Treasurer
D. Carnegie, Acting Commissioner/ Treasurer, Corporate Services
K. Beach, Executive Assistant, Commissioner/ Treasurer, Corporate Services
Page 257 of 357
CSD 48-2024
November 7, 2024
Page 1
Subject: 2025 Budget – Water and Wastewater Operating Budget, Rate Setting and Requisition
Report to: Budget Review Committee of the Whole
Report date: Thursday, November 7, 2024
Recommendations
1. That the 2025 Water & Wastewater net operating base budget increase of $5,751,426
(or 3.72%) plus $11,160,869 (or 7.22%) for capital financing over the 2024 operating
budget BE APPROVED;
2. That an increase of $2,053,502 (or 1.33%) over the 2024 operating budget BE
APPROVED to support additional staffing resources for service delivery;
3. That the 2025 Water Operations gross operating budget of $57,615,260 and net
budget in the amount of $57,071,267 for the Water Budget, Rates and Requisition BE
APPROVED;
4. That the proposed fixed water requisition shown in Appendix 3 of Report CSD 48-
2024, based on 25% of the Region’s water net operating budget for the year and
divided by 12 to determine the monthly charge, to be billed to each of the serviced
Local Area Municipalities starting January 1, 2025, apportioned based on their
previous three year’s average water supply volumes, BE APPROVED;
5. That the Region’s proposed 2025 variable water rate of $0.751 shown in Table 2 of
Report CSD 48-2024, to be effective January 1, 2025 and calculated by taking 75%
of the Region’s water net operating budget and dividing by the estimated supply
volume, to be billed on a monthly basis to each serviced Local Area Municipality based
on the previous month’s metered flows, BE APPROVED;
6. That the 2025 Wastewater Operations gross operating budget of $121,023,619 and
net budget in the amount of $116,477,200 for the Wastewater Budget, Rates and
Requisition BE APPROVED;
7. That the proposed 2025 fixed wastewater requisition as shown in Appendix 5 of
Report CSD 48-2024, based on 100% of the Region’s net operating budget for the
year and divided by 12 to determine the monthly charge, to be billed to each of the
Page 258 of 357
CSD 48-2024
November 7, 2024
Page 2
Local Area Municipalities starting January 1, 2025, apportioned based on their
previous three year’s average wastewater supply volumes, BE APPROVED;
8. That the 2025 wastewater monthly bills INCLUDE the reconciliation for the 2023 net
requisition allocation based on actual wastewater flows versus the estimated flows, as
shown in Appendix 6 of Report CSD 48-2024;
9. That the necessary by-laws BE PREPARED and PRESENTED to Council for
consideration; and
10. That a copy of Report CSD 48-2024 BE CIRCULATED to the Local Area
Municipalities.
Key Facts
• The proposed Water net budget represents a $3.8 million increase, or 7.06% over
2024; the proposed Wastewater net budget represents a $15.2 million increase, or
15.01% over 2024, for a combined Water & Wastewater budget increase of 12.27%
as shown in Table 1.
• Key drivers to the 2025 budget include: reinstatement of the historical CSO program
budget, inflation, contract pressures, people strategy support, required repairs and
maintenance on equipment and facilities, building condition assessments and the
inclusion of additional hauled sewage revenues.
• The 2025 Budget Strategy proposed a total Water and Wastewater budget increase
of 12.59% (4.11% for base budget expenditures, 7.22% for capital financing and
1.26% for program changes), however the revised budget estimates, primarily
related to incremental hauled sewage revenue included in base services, has
decreased the proposed combined increase to 12.27% (3.72% for base budget
expenditures, 7.22% for capital financing and 1.33% for program changes)
• The approved 2021 Asset Management Plan (AMP) recommends a yearly increase
of 7.22% on the combined water and wastewater rate and requisition for enhanced
capital financing over a 10 year period to work towards achieving asset sustainability
in the future which has been included in the proposed 2025 Water and Wastewater
operating budget.
Page 259 of 357
CSD 48-2024
November 7, 2024
Page 3
• The 2025 Budget includes a number of incremental staff to assist in service delivery
and risk mitigation which are identified in recommendation 2 (See Appendix 7 to
Report CSD 48-2024 for a list of the proposed staffing positions).
• The requisition methodology conforms to Council’s approved cost recovery
methodology from 2011, which was reaffirmed through Report CSD 61-2015, on July
2, 2015. The methodology apportions to the LAMs water at 75% variable rate and
25% as a fixed component and wastewater 100% fixed. The current methodology will
be subject to review in 2025 based on feedback received from LAM partners.
• The proposed variable water rate is increased to $0.751 (2024 = $0.701) attributed to
the budget increase with no projected change in water flows for 2025.
Financial Considerations
The Water and Wastewater Division’s proposed 2025 net budget amount of $173.5 million
represents a $19.0 million net increase or 12.27% (3.72% for base operating, 7.22% for
enhanced capital financing, and 1.33% for staffing program changes) from the 2024
budget, as shown in Table 1. The total net cost related to the Water program is $57.1
million, representing a net increase of $3.8 million, or 7.06% from 2024. The remaining
$116.5 million relates to the Wastewater program, which has increased by $15.2 million,
or 15.01% from 2024. The proposed gross budget and comparison to the 2024 net budget
are outlined in Table 1.
Page 260 of 357
CSD 48-2024
November 7, 2024
Page 4
Table 1 – Summary of Proposed Water and Wastewater Budget (in millions)
Water & Wastewater 2025 Budget
Summary
Water
($)
Wastewater
($)
Total
($)
2024 Net Requisition 53.3 101.3 154.6
2025 Budget:
Total Operating Expenses 26.3 62.5 88.8
Business Support 2.6 4.2 6.8
Reserve Transfer & Debt Charges 26.2 43.6 69.8
2025 Base Gross Budget Total 55.1 110.3 165.4
Less: Revenues (0.5) (4.5) (5.0)
2025 Net Base Budget 54.5 105.8 160.3
% Change 2.28% 4.48% 3.72%
Enhanced Capital Financing (7.22%) 2.3 8.9 11.2
Program Changes – Staffing (1.33%) 0.3 1.8 2.1
2025 Net Requisition 57.1 116.5 173.6
Percentage Change 7.06% 15.01% 12.27%
Analysis
The 2025 Water and Wastewater budgets were developed giving consideration to current
inflation, historical results (2023 actuals, 2024 forecast), operational concerns, legislative
compliance, standard operating procedures and cross-divisional and corporate business
support costs. The 2025 recommended budget is lower than the Budget Strategy
estimated budget increase of 12.59% primarily due to the inclusion in the base budget of
additional hauled sewage revenue in the amount of $0.9 million. The inclusion of this
incremental revenue was not factored into the Water and Wastewater 2025 Budget
Strategy anticipated budget increase. This is discussed further below in the “Budget for
Base Services” section of Report CSD 48-2024.
Budget for Base Services
The 2025 Budget Strategy estimated a base services increase of $6.4 million (4.11%) on
the 2024 Water and Wastewater combined rate and requisition. The 2025 Budget
Strategy considered the impact of base services including chemical costs, repairs and
maintenance, biosolids haulage, utilities and labour related costs. The actual proposed
increase for base services is $5.8 million (3.72%) or a difference of $0.6 million (0.39%)
from the 2025 Budget Strategy.
Page 261 of 357
CSD 48-2024
November 7, 2024
Page 5
The 2025 Budget Strategy did not contemplate a new multi-rate cost recovery structure
for hauled sewage revenues introduced at the September Public Works Committee
meeting via Report PW 26-2024. Staff have included $0.9 million of incremental hauled
sewage revenues in the proposed 2025 operating budget in alignment with the new multi-
rate cost recovery structure outlined in Report PW 26-2024. If this incremental revenue
was not included in the 2025 Water and Wastewater operating budget, an additional
0.58% would be added to the base services pressures for a total increase of 4.30% to
those pressures and overall increase to the proposed 2025 rate and requisition of
12.85%. The difference between the 2025 Base Budget Strategy (4.11%) and the actual
proposed 2025 base budget increase excluding the incremental hauled sewage revenue
(4.30%) is approximately $0.3 million. This is primarily a result of additional budget for
necessary repairs and maintenance activities on aging equipment and facilities in excess
of the original 2025 Budget Strategy estimates.
Given the largely fixed cost nature of the operations (i.e., chemicals, utilities, biosolids
haulage and disposal, property tax, previously approved debt charges), inflationary
impacts on program delivery have been significant with limited opportunity for budget
mitigation without risking core service delivery. Of the total gross budget amount of $178.6
million for 2025, approximately 94% of the total amount is fixed as it relates to treatment
of Water and Wastewater and capital financing. The remaining 6% can be classified as
discretionary expenditures that does not specifically relate to Water/Wastewater
treatment (i.e., CSO grants, certain building maintenance such as snow removal and
grass cutting).
The base pressures to the budget of $5.8 million (3.72%) are largely due to the following:
• $1.0 million net increase in the CSO Program. This would increase the gross
program budget from $2 million to $4 million with 50% of the gross costs funded
by Development Charges
• $1.4 million or 4.8% increase to labour related costs as per current labour contracts
and policies
• $0.8 million or 8.48% increase in chemical costs as a result of contractual price
increases and an increase in consumption
• $0.4 million or 9.29% increase in grounds/building repairs and maintenance due
to contractual increases
• $0.7 million or 11.56% increase in equipment repairs and maintenance due to
rising costs and an increase demand in repairing aging infrastructure
• $0.7 million or 5.39% inflationary increases in utilities and property taxes
Page 262 of 357
CSD 48-2024
November 7, 2024
Page 6
• $0.7 million or 7.95% increase for Regional sludge disposal primarily due to
anticipated increases in the annual contract rate and haulage volumes
• $0.4 million or 44.0% increase in external consulting to support building condition
assessments critical for optimal asset management of Water and Wastewater
infrastructure
The base pressures noted above were partially offset by identified savings noted
below:
• $0.9 million increase in hauled sewage revenue charged under a proposed multi-
rate cost recovery fee structure for commercial and residential customers as per
report PW 26-2024
Budget for Capital Financing
In October 2023, Council endorsed a 5.15% annual contribution to capital increase in
alignment with the Safe Drinking Water Act (SDWA) Financial Plan for the 2024 budget.
The SDWA Financial Plan proposed yearly budget increases of 5.15% for capital and a
2% increase for other operating expenses over a 10 year period. Per the 2021 AMP,
achieving capital sustainability requires an annual capital contribution increase of 7.22%
to the combined Water and Wastewater rate and requisition over a ten year period. When
developing the updated SDWA Financial Plan, staff proposed a contribution to capital
increase less than the 2021 AMP recommendation in recognition of ratepayer
affordability, staffing and supply chain issues.
While the capital program has been progressing toward sustainability, an increase in
backlog, replacement values, and revised capital project estimates require budget
increases in excess of those proposed in the SDWA Financial Plan. The 2023 SDWA
Financial Plan identified that with a yearly budget increase of 5.15% contributions to
capital, approximately $648 million of Water and Wastewater capital proposed in the AMP
would still need to be deferred.
Staff have begun working on the 2025 AMP and early indications show a continued
decline in the state of assets along with increased renewal costs since the previous 2021
AMP and the SDWA Financial Plan. The requirement to continue to increase investment
to adequately sustain the water and wastewater system are real and present. The 2025
AMP will propose levels of service and financing strategies, including contributions to
capital, to be reflected in future budgets.
Page 263 of 357
CSD 48-2024
November 7, 2024
Page 7
In anticipation of the 2025 AMP recommendations, staff are proposing an incremental
contribution to capital of 7.22% in alignment with the 2021 AMP for the 2025 operating
budget. This contribution to capital rate from 2025-2032 would provide approximately
$168 million more in capital funding compared to the SDWA Financial Plan contribution
to capital recommendation of 5.15% as shown in Appendix 2 to CSD 48-2024.
Program Changes – Staffing
The recommended 2025 Water and Wastewater operating budget includes the request
for 20.4 incremental permanent full-time equivalent (FTE) staff on a path towards
minimum staff levels to support program delivery, focus on preventative maintenance
activities, compliance with regulators, an increasing capital portfolio, and best industry
health and safety practices. These resources result in an incremental budget impact of
$2.1 million (1.33% of the 2024 Water and Wastewater budget). Appendix 7 details the
position titles, rationale for positions, and budget related impacts per position.
Reserves and Debt
Operating reserves - The Water and Wastewater Divisions utilize stabilization reserves
to mitigate operating deficits and fund one-time expenditures. The Wastewater
Stabilization Reserve is forecasted to have a balance at the end of 2024 in the amount of
$0.1 million and the Water Stabilization Reserve is forecasted to have a balance of $4.0
million. Based on the reserve targets of 10% to 15% of operating expenses, the minimum
2025 target for these reserves is $7.9 million and $3.0 million respectively for Wastewater
and Water. The Wastewater Stabilization Reserve is considered underfunded and could
impact the ability to mitigate risks.
Capital reserves - The projected annual capital reserve contributions until 2032 based on
the 2021 AMP recommendations have been included in Appendix 2 to Report CSD 48-
2024. This Appendix also includes the projected annual capital reserve contributions until
2032 based on 2023 SDWA Financial Plan recommendation for comparison.
Debt - Council previously approved debt of $253 million for South Niagara Falls WWTP
with $75.56 million to be funded from the Wastewater rates and the balance from
Development Charges. In accordance with Budget Policy, the 2025 budget includes the
debt charge placeholder of $4.6 million which will be used on an annual basis to substitute
the rate supported debt approved for the project until project is complete, and debentures
issued in approximately 2029. This strategy was supported by Council with the approval
of the 2024 Water and Wastewater operating budget recommendations. This will reduce
rate supported debt from $75 million to approximately $45 million by 2029 and will allow
Page 264 of 357
CSD 48-2024
November 7, 2024
Page 8
previously initiated funding for the project of $38 million to be largely funded with reserve
as a risk mitigation measure to the reliance on outstanding Federal and Provincial
contribution required to move construction forward. The strategy continues to allow for
future debt charges to be reduced, may mitigate increased project capital costs/inflation,
manage overall Regional debt capacity and provide greater operating budget flexibility.
Water Requisition
Fixed Water - As per Council’s approved methodology, $14,267,817 (25%) of the net
Water budget will be recovered from fixed monthly requisitions to the local municipalities
based on historical flows. Appendix 3 to Report CSD 48-2024 summarizes the fixed
amounts to be billed to each LAM based on this methodology.
The historical water flows and percentages utilized are included in Appendices 3 and 4 to
Report CSD 48-2024. This annual amount based on the historical flows is then divided
by 12 to determine the monthly charge to be billed to each of the services LAMs starting
January 1, 2025. Also included as part of Appendix 3 to Report CSD-48-2024 is the
annual impact on the fixed water requisition between 2024 and 2025 for each LAM.
Variable Water - The remaining $42,803,450 (75%) will be charged through the variable
rate. The recommended variable rate of $0.751 per cubic metre as outlined in Table 3 is
based on a water forecast using the past three year average flows. Despite growth for the
Region in recent years the flow estimates are still volatile and are dependent on weather
conditions. The resulting estimate for 2025 is an overall volume consistent with the
amount used for the 2024 budget. An overview of the water trends and related risk is
outlined in more detail in Appendix 4 to Report CSD 48-2024. The proposed variable
water rate increase is $0.0499 (7.12%) (2024 = $0.701) which is attributed only to the
budget increase.
Table 3 – Variable Water Rate for 2025 Net Budget
2025 Variable Water Rate $/Volume
Variable Allocation
(75% x $57,071,267) $42,803,450
2025 Water Flow Forecast (m3) 57,000,000
Variable Rate ($/m3) $0.751
Page 265 of 357
CSD 48-2024
November 7, 2024
Page 9
Wastewater Requisition
The wastewater net requisition is recovered 100% from fixed monthly requisitions to the
local municipalities, apportioned based on the historical three year average flows. The
annual amount is divided by twelve to determine the monthly charge to each of the
serviced LAMs starting January 1, 2025. Appendix 5 to Report CSD 48-2024 provides the
fixed amounts to be billed to each LAM based on this methodology as well as the historical
wastewater flows and apportionments and the comparison of the fixed wastewater
requisition amount between 2024 and 2025 for each LAM.
As per Council’s approved cost recovery methodology, the 2025 monthly Wastewater
charges will include reconciliation of the 2023 Wastewater requisition payments.
Municipal 2023 rebates or charges will be based on their respective share of actual flows
versus the estimated share used to initially allocate the 2023 charges. This reconciliation
results in a total of $347,514 in payments to, and $347,514 in rebates from, the local
municipalities included as Appendix 6 to Report CSD 48-2024. Tables outlining the
calculation of the reconciliation and the total charge including the 2025 requisition and
2023 reconciliation by local municipality have been included in Appendix 6 to Report CSD
48-2024 as well.
Multi-Year Forecast
Staff have prepared the multi-year forecast using the 7.22% annual contribution to capital
increase recommended in the 2021 AMP as well as inflationary impacts of other operating
expenditures. The forecast reflects annual increases of 9.24% in 2026 and 8.86% in 2027.
The key assumptions impacting the multi-year forecast are the continued investments in
the People Strategy, inflation on contracted services and supplies, and annual increases
of contributions to capital of 7.22% as noted above. The recommended contributions to
capital will change with the 2025 AMP and will be considered as part of future budget
processes. There are many assumptions and unknowns included in these forecasts, and
staff will re-evaluate the long-term budget and capital strategies with the budget cycle
each year.
It is important to note that the Water and Wastewater division is currently undergoing a
number of studies on process and procedure optimization in its various sections. These
studies will provide further recommendations on incremental resources to be considered
as part of future budget processes. Staff will bring forth these recommendations from
these studies once known. As these recommendations are unknown at this time,
estimates have not been quantified or included as part of the multi-year operating budget.
Page 266 of 357
CSD 48-2024
November 7, 2024
Page 10
Risks & Opportunities
• Unanticipated equipment and underground infrastructure failure may impact repairs and maintenance expenditures which are becoming more frequent given the age and condition of the infrastructure. The Wastewater Stabilization Reserve is underfunded which limits the ability to mitigate these impacts.
• Inflation and/or global supply chain challenges may have a budget impact on expenditures required to support program delivery.
• The implementation of a multi-rate cost recovery fee structure for commercial and residential hauled sewage customers is contingent on Council approval of the fees and charges by-law in December 2024. Should these fees not be approved, the budgeted incremental revenues from these amounts will need to be mitigated throughout 2025.
• Water/wastewater flows are weather dependent creating volatility in treatment costs and directly impact the variable portion of the water rate billed to LAM’s
Alternatives Reviewed
The 2025 budget is in alignment with the budget strategy received by Council to sustain
core services and maintain base service delivery.
At the discretion of the Council, programs can be identified for elimination from or
addition to the budget. If this action is taken, staff request the opportunity to provide
impacts/ risks with these decisions.
Relationship to Council Strategic Priorities
The 2025 Water and Wastewater proposed budgets support Council’s strategic
priorities of Effective Region by delivering fiscally responsible and sustainable services.
Other Pertinent Reports
PW 45-2023 Safe Drinking Water Act Financial Plan
(https://pub-niagararegion.escribemeetings.com/Meeting.aspx?Id=6018a681-cfa7-
46df-a06b
7c56447bcf99&Agenda=Agenda&lang=English&Item=15&Tab=attachments)
Page 267 of 357
CSD 48-2024
November 7, 2024
Page 11
PW 39-2020 South Niagara Falls WWTP Update
(https://pub-niagararegion.escribemeetings.com/Meeting.aspx?Id=f8747f43-9163-
45b8-b0aa-6bd3e7d59a34&Agenda=Agenda&lang=English&Item=11)
PW 39-2021 South Niagara Falls Wastewater Treatment Plant- Budget and Property
(https://pub-niagararegion.escribemeetings.com/Meeting.aspx?Id=456972bd-bf1e-
4aa0-afac-55d158224dd3&Agenda=Merged&lang=English&Item=11)
CSD 29-2024 2025 Budget Strategy
(https://pub-niagararegion.escribemeetings.com/Meeting.aspx?Id=5ea2c44e-e03a-
4ef1-91b8-
f5f6a188db45&Agenda=Agenda&lang=English&Item=13&Tab=attachmentst)
PW 26-2024 Hauled Sewage Rate Setting
(https://pub-niagararegion.escribemeetings.com/Meeting.aspx?Id=5976cbfd-e4c5-
49ed-9647-
7b39d5dd7d97&Agenda=Merged&lang=English&Item=14&Tab=attachments)
CSD 7-2022 2021 Corporate Asset Management Plan
(https://www.microsoft.com/en-
us/edge/welcome?mb05=true&form=MT004S&slide=ie-mode&esf=1)
_______________________________
Prepared by:
Beth Brens
Associate Director, Budget Planning &
Strategy
Corporate Services
_______________________________
Recommended by:
Dan Carnegie
Acting Commissioner/Treasurer
Corporate Services
______________________________
Submitted by:
Ron Tripp, P.Eng.
Chief Administrative Officer
Page 268 of 357
CSD 48-2024
November 7, 2024
Page 12
This report was prepared by Dan Ane, Senior Program Financial Specialist and
reviewed by Renee Muzzell, Manager, Program Financial Support, Melanie Steele,
Associate Director Reporting and Analysis, Phill Lambert, Director, Water & Wastewater
and Terry Ricketts, Commissioner, Public Works.
Appendices
Appendix 1 2025 Water and Wastewater Schedule of Revenues and Expenditures
by Object of Expenditure
Appendix 2 Forecasted Water and Wastewater Transfers to Capital Reserves
Appendix 3 Fixed Water Requisition by Municipality
Appendix 4 Water Volume Analysis
Appendix 5 Fixed Wastewater Requisition by Municipality
Appendix 6 Wastewater Flows by LAM, and 2023 Fixed Wastewater Requisition
Including Reconciliation by Municipality
Appendix 7 Water and Wastewater 2025 Program Changes - Staffing
Page 269 of 357
Object of
Expenditure
2024
Water Budget
Total ($)
2024
Wastewater
Budget Total ($)
2024
Combined
Total ($)
2025
Water Budget
Total ($)
2025
Wastewater
Budget Total
($)
2025
Combined
Total ($)
Combined
Total Variance
($)
Total
Combined
Variance (%)
1RWH
A_40000AB
Compensation 8,721,339 12,634,052 21,355,391 9,167,033 14,603,786 23,770,819 2,415,428 11.3% (1)
A_41000AB
Administrative 495,276 1,192,850 1,688,126 522,757 769,632 1,292,389 (395,737) (23.4%) (2)
A_44000AB
Operational &
Supply
A_50000AB
3,139,508 16,695,419 19,834,927 3,292,643 18,059,924 21,352,567 1,517,640 7.7% (3)
Occupancy &
Infrastructure
A_52000AB
5,994,936 12,189,751 18,184,687 6,265,455 12,989,978 19,255,433 1,070,746 5.9% (4)
Equipment,
Vehicles,
Technology
A_56000AB
1,701,453 3,824,099 5,525,552 1,501,731 4,600,904 6,102,635 577,083 10.4% (5)
Partnership,
Rebate,
Exemption
91,850 2,000,000 2,091,850 96,900 4,000,000 4,096,900 2,005,050 95.9% (6)
CSD 48-2024
Appendix 1
November 7, 2024
2025 Water and Wastewater Schedule of Revenue and Expenditures by Object of Expenditure Page 270 of 357
Object of Expenditure 2024 Water Budget Total ($) 2024 Wastewater Budget Total ($) 2024 Combined Total ($) 2025 Water Budget Total ($) 2025 Wastewater Budget Total ($) 2025 Combined Total ($) Combined Total Variance ($) Total Combined Variance (%) 1RWH A_75100AC Transfers To 24,090,330 29,450,024 53,540,354 26,384,199 38,425,226 64,809,425 11,269,071 21.0% (7) Funds A_60000AC Allocation Between 862,667 1,142,710 2,005,377 1,053,891 1,326,049 2,379,940 374,563 18.7% Departments A_60260AC Allocation Within 4,163,080 6,830,602 10,993,682 4,626,910 7,993,457 12,620,367 1,626,685 14.8% (1),(2), (8) Departments Gross Expenditure Subtotal A_30000AB Taxation A_32400AB By-Law Charges & Sales 49,260,439 (53,306,335) (12,000) 85,959,507 (101,276,335) (1,567,278) 135,219,946 (154,582,670) (1,579,278) 52,911,519 (57,071,267) (24,000) 102,768,956 (116,477,200) (2,482,278) 155,680,475 (173,548,467) (2,506,278) 20,460,529 (18,965,797) (927,000) 15.1% 12.3% 58.7% (9) CSD 48-2024 Appendix 1 November 7, 2024 2025 Water and Wastewater Schedule of Revenue and Expenditures by Object of Expenditure Page 271 of 357
Object of Expenditure 2024 Water Budget Total ($) 2024 Wastewater Budget Total ($) 2024 Combined Total ($) 2025 Water Budget Total ($) 2025 Wastewater Budget Total ($) 2025 Combined Total ($) Combined Total Variance ($) Total Combined Variance (%) 1RWH A_34950AB Other Revenue (428,493) (1,034,140) (1,462,633) (489,993) (2,034,140) (2,524,133) (1,061,500) 72.6% (10) A_75000AC Transfers From 0(104,000) (104,000) (30,000) (30,000)(60,000) 44,000 (42.3%)NAFunds Gross Revenue Subtotal (53,746,828) (103,981,753) (157,728,581) (57,615,260) (121,023,618) (178,638,878) (20,910,297) 13.3% NANet Expenditure (revenue) before indirect (4,486,389) (18,022,246) (22,508,635) (4,703,741) (18,254,662) (22,958,403) (449,768) 2.0% NAallocations A_70000AC Indirect 2,377,423 3,890,478 6,267,901 2,602,501 4,215,875 6,818,376 550,475 8.8% NAAllocation CSD 48-2024 Appendix 1 November 7, 2024 2025 Water and Wastewater Schedule of Revenue and Expenditures by Object of Expenditure Page 272 of 357
2025 Water and Wastewater Schedule of Revenue and Expenditures by Object of Expenditure202520242024202420252025Combined Total Object of Wastewater Water Budget Wastewater Combined Water Budget Combined Total Variance CombinedNoteExpenditureBudget Total Total ($)Budget Total ($)Total ($) Total ($)Total ($)($)Variance (%)($)A_70200AC Capital 2,108,963 14,131,770 16,240,733 2,101,240 14,038,787 16,140,027 (100,706) (0.6%)Financing AllocationAllocation 4,486,388 18,022,249 22,508,634 4,703,741 18,254,662 22,958,403 449,769 2.0%SubtotalNet Expenditure (revenue) after 00000000indirect allocationsFTE - PermanenColumn1 Column2 280.6 Column3 Column4 301.0 20.4 FTE - Temporary3.94.0 0.1FTE - Total284.5 305.0 20.5Student2.02.0 -CSD 48-2024Appendix 1November 7, 2024Page 273 of 357
2025 Water and Wastewater Schedule of Revenue and Expenditures by Object of Expenditure CSD 48-2024
Appendix 1
November 7, 2024
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CSD 48-2024
Appendix 2
November 7, 2024
Forecasted Water and Wastewater Transfers to Capital Reserves
Forecasted Water and Wastewater Transfer to Capital Reserves ($Millions) - 7.22% Enhanced Capital Financing, 10 year
Capital Financing ($M)2024 2025 2026 2027 2028 2029 2030 2031 2032 Target Balance
Water $24 $26 $29 $32 $35 $39 $42 $46 $50 $50
Wastewater $29 $33 $43 $53 $65 $78 $92 $108 $125 $114
Total $54 $59 $72 $85 $100 $117 $134 $154 $175 $164
Forecasted Water and Wastewater Transfer to Capital Reserves ($Millions) - 4.1% in 2024, 5.15% Enhanced Capital Financing, 50 year
Capital Financing ($M)2024 2025 2026 2027 2028 2029 2030 2031 2032 Target Balance
Water $24 $26 $27 $29 $30 $32 $34 $36 $38 $37
Wastewater $29 $30 $37 $45 $54 $63 $72 $82 $93 $85
Total $54 $56 $64 $74 $84 $95 $106 $118 $131 $122
Difference $3 $8 $11 $16 $22 $28 $36 $44 $168
Note - Forecasted transfers do not include the South Niagara Falls operating cost placeholder transferred to the capital reserve
Table 1
Table 2
Page 275 of 357
Fixed Water Requisition by Municipality CSD 48-2024
Appendix 3
November 7, 2024
Table 1 - Fixed Water Requisition by Municipality for 2025 Net Budget
Municipality 3-Year
Avg. (%)
Allocation
($)
Monthly
($)
Fort Erie 8.21%$1,172,068 $97,672
Grimsby 5.14%$733,783 $61,149
Lincoln 4.49%$641,261 $53,438
Niagara Falls 25.65%$3,660,015 $305,001
Niagara-on-the-Lake 5.34%$762,399 $63,533
Pelham 2.65%$377,500 $31,458
Port Colborne 4.75%$677,110 $56,426
St. Catharines 25.14%$3,586,885 $298,907
Thorold 4.34%$619,759 $51,647
Welland 12.64%$1,803,388 $150,282
West Lincoln 1.64%$233,649 $19,471
Total 100%$14,267,817 $1,188,985
Page 276 of 357
Table 2 - Water Flows by Municipality
Municipality
3-Year Avg. per
2024 By-law
(ML)
3-Year Avg. per
2024 By-law (%)
3-Year Avg. per
2025 By-law
(ML)
3-Year Avg. per
2025 By-law (%)
Fort Erie 4,510 8.16%4,651 8.21%
Grimsby 2,950 5.34%2,912 5.14%
Lincoln 2,516 4.55%2,545 4.49%
Niagara Falls 13,837 25.03%14,523 25.65%
Niagara-on-the-Lake 3,030 5.48%3,025 5.34%
Pelham 1,502 2.72%1,498 2.65%
Port Colborne 2,520 4.56%2,687 4.75%
St. Catharines 13,834 25.03%14,233 25.14%
Thorold 2,432 4.40%2,459 4.34%
Welland 7,193 13.01%7,156 12.64%
West Lincoln 947 1.71%927 1.64%
Total 55,272 100%56,616 100%
Fixed Water Requisition by Municipality CSD 48-2024 Appendix 3 November 7, 2024 Page 277 of 357
Table 3 - Fixed Water Requsition by Municipality
Municipality 2024
($000)
2025
($000)Difference
($000)
Difference
(%)
Fort Erie 1,087 1,172 85 7.83%
Grimsby 711 734 23 3.20%
Lincoln 607 641 34 5.64%
Niagara Falls 3,336 3,660 324 9.71%
Niagara-on-the-Lake 731 762 31 4.30%
Pelham 362 378 16 4.28%
Port Colborne 608 677 69 11.37%
St. Catharines 3,336 3,587 251 7.52%
Thorold 586 620 34 5.76%
Welland 1,734 1,803 69 4.00%
West Lincoln 228 234 6 2.48%
Total 13,327 14,268 942 7.06%
Fixed Water Requisition by Municipality CSD 48-2024
Appendix 3 November 7, 2024 Page 278 of 357
CSD 48-2024
Appendix 4
November 7, 2024
Water Volume Analysis
Flows in ML 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025Projected Flows for Rate Setting 57,000 57,000 57,000 57,250 57,250 57,250 57,250 57,250 57,000 57,000
Actual Flows 58,800 56,986 58,491 55,458 55,517 54,065 56,239 56,474 57,475 N/A
Variance 1,800 -14 1,491 -1,792 -1,733 -3,185 -1,011 -776 475 N/A
The 2024 actual flows are estimated to finish the year slightly higher than projected flows (0.8%). The forecasted water
usage in 2024 is estimated to total 57,475 ML.
The water volume forecast for 2025 has been prepared giving consideration to historical trends and current considerations
with the same level of flows proposed in 2024 in line with the forecasted flows for the remainder of 2024.
2016 experienced drought conditions during the summer. 2018 flows represented a more typical summer weather year.
2017 and 2019 experienced very wet summers. 2022 and 2023 also experienced wetter than normal summers. The 2020
flows were impacted by a dry summer and COVD-19 shutdowns. The 2021 flows were impacted by a combination of a wet
spring/summer and continued COVID-19 related shutdowns through the year.
Variation in water flows may also be experienced as a result of: capital repairs to address water loss at Region and Local
levels, growth in user base, and increased conservation efforts.Page 279 of 357
Fixed Wastewater Requistion by Municipality CSD 48-2024
Appendix 5
November 7, 2024
Table 1 - Fixed Wastewater Requisition by Municipality for 2025 Net Budget
Municipality 3-Year Avg. (%)Allocation ($)Monthly ($)
Fort Erie 9.68%$11,280,662 $940,055
Grimsby 5.47%$6,367,322 $530,610
Lincoln 3.89%$4,534,756 $377,896
Niagara Falls 19.90%$23,183,235 $1,931,936Niagara-on-the-
Lake 4.34%$5,055,585 $421,299
Pelham 2.08%$2,420,883 $201,740
Port Colborne 5.22%$6,080,856 $506,738
St. Catharines 26.50%$30,861,246 $2,571,771
Thorold 6.39%$7,438,751 $619,896
Welland 14.85%$17,296,735 $1,441,395
West Lincoln 1.68%$1,957,171 $163,098
Total 100%$116,477,200 $9,706,433
Table 2 - Wastewater Flows by Municipality
Municipality 3-Year Avg. per 2024 By-
law (ML)
3-Year Avg. per
2024 By-law (%)
3-Year Avg. per 2025 By-law
(ML)
3-Year Avg. per 2025 By-law
(%)
Fort Erie 7,239 10.13%7,243 9.68%
Grimsby 2,985 4.18%4,088 5.47%
Lincoln 3,210 4.49%2,912 3.89%
Niagara Falls 13,640 19.09%14,885 19.90%
Niagara-on-the-
Lake 2,979 4.17%3,246 4.34%
Pelham 1,449 2.03%1,554 2.08%
Port Colborne 3,865 5.41%3,904 5.22%
St. Catharines 19,446 27.21%19,815 26.50%
Thorold 4,671 6.54%4,776 6.39%
Welland 10,759 15.06%11,106 14.85%
West Lincoln 1,218 1.71%1,257 1.68%
Total 71,462 100%74,786 100%
Table 3 - Fixed Wastewater Requisition by Municipality
Municipality 2024
($000)
2025
($000)
Difference
($000)
Difference
(%)1
Fort Erie 10,260 11,281 1,021 9.95%
Grimsby 4,231 6,367 2,136 50.49%
Lincoln 4,549 4,535 (14) -0.31%
Niagara Falls 19,330 23,183 3,853 19.93%Niagara-on-the-
Lake 4,221 5,056 835 19.77%
Pelham 2,054 2,421 367 17.86%
Port Colborne 5,478 6,081 603 11.01%
St. Catharines 27,559 30,861 3,302 11.98%
Thorold 6,620 7,439 819 12.37%
Welland 15,248 17,297 2,049 13.44%
West Lincoln 1,727 1,957 230 13.33%
Total 101,276 116,477 15,200 15.01%
Note:
(1) Municiplaities with increases above the average are generally the municipalities
that have the highest assessment growth, meaning that average impact to be
expected by the average user will be less than the percentage change noted in the
requisition due to the relative increase in the number of users (i.e, properties).
Page 280 of 357
Wastewater Flows by LAM and 2023 Fixed
Wastewater Requisition Including Reconcilication
by Municipality
CSD 48-2024
Appendix 6
November 7, 2024
Table 1 - Wastewater Flows by Municipality
Municipality 3-Year Avg. per
2023 By-law (ML)
2023 By-Law
Period Actual
1Flows
Fort Erie 7,086 7,142
Grimsby 2,699 4,395
Lincoln 2,980 2,963
Niagara Falls 12,808 15,285
Niagara-on-the-
Lake 2,820 3,377
Pelham 1,379 1,598
Port Colborne 3,823 4,130
St. Catharines 20,106 19,805
Thorold 4,419 4,806
Welland 10,339 11,881
West Lincoln 1,258 1,339
Total 69,717 76,722
Table 2 - Wastewater Fixed Allocation Percentages
Municipality 3-Year Avg. per
2023 By-law (ML)
2023 By-Law
Period Actual
1Flows
Difference
Fort Erie 10.16%9.31%-0.86%
Grimsby 3.87%5.73%1.86%
Lincoln 4.27%3.86%-0.41%
Niagara Falls 18.37%19.92%1.55%
Niagara-on-the-
Lake 4.04%4.40%0.36%
Pelham 1.98%2.08%0.10%
Port Colborne 5.48%5.38%-0.10%
St. Catharines 28.84%25.81%-3.03%
Thorold 6.34%6.26%-0.07%
Welland 14.83%15.49%0.66%
West Lincoln 1.80%1.75%-0.06%
Total 100%100%0%
Page 281 of 357
Table 3 - Wastewater Fixed Allocation Charge Reconciliation ($000)
Municipality 3-Year Avg. per 2023
By-law (ML)1, 2
2023 By-Law Period
1Actual Flows
Underpayment/
(Overpayment)3
Fort Erie 9,366 8,578 (788)
Grimsby 3,567 5,279 1,712
Lincoln 3,938 3,559 (379)
Niagara Falls 16,929 18,358 1,429
Niagara-on-the-Lake 3,727 4,056 329
Pelham 1,823 1,919 96
Port Colborne 5,053 4,961 (92)
St. Catharines 26,577 23,788 (2,789)
Thorold 5,841 5,773 (68)
Welland 13,666 14,270 604
West Lincoln 1,663 1,609 (54)
Total 92,150 92,150 (0)
Sum of Overpayment: (4,170)
Percentage of Requisition 4.53%
Notes:
1 - 2023 By-law period to date consists of the 12 month period from January 2023 to
2 - Charges paid excludes payments made/rebates received for 2021 reconciliation
3 - Underpayments/(Overpayments) based on comparing 2 different allocation methodologies
CSD 48-2024
Appendix 6
November 7, 2024
Wastewater Flows by LAM, Allocation Percentages,
2023 Fixed Wastewater Requisition Including
Reconciliation by Municipality
Page 282 of 357
Table 4 - Fixed Wastewater Requisition Including Reconciliation by Municipality Comparison
Municipality
Requisition
2024 By-law
($000)
Requisition
2025 By-law
($000)
Reconciliation
2024 By-law
(2022 Rec.)($000)
Reconciliation
2025 By-law
(2023 Rec.)($000)
Total Charge
2024 By-law
($000)
Total Charge
2025 By-law
($000)
Difference
($000)
Difference
(%)
Fort Erie 10,260 11,281 (218) (788) 10,042 10,493 451 4.49%
Grimsby 4,231 6,367 275 1,712 4,506 8,080 3,573 79.30%
Lincoln 4,549 4,535 786 (379) 5,335 4,156 (1,179)-22.10%
Niagara Falls 19,330 23,183 1,193 1,429 20,523 24,613 4,090 19.93%
Niagara-on-the-
Lake 4,221 5,056 343 329 4,564 5,384 820 17.97%
Pelham 2,054 2,421 137 96 2,191 2,517 326 14.89%
Port Colborne 5,478 6,081 (602) (92) 4,876 5,989 1,113 22.82%
St. Catharines 27,559 30,861 (2,223) (2,789) 25,335 28,072 2,737 10.80%
Thorold 6,620 7,439 643 (68) 7,263 7,371 107 1.48%
Welland 15,248 17,297 (151) 604 15,097 17,900 2,803 18.57%
West Lincoln 1,727 1,957 (183) (54) 1,544 1,903 359 23.28%
Total 101,276 116,477 -- 101,276 116,477 15,201 15.01%
Table 5 - 2023 Wastewater Reconciliation by Municipality
Municipality Reconciliation
($)
Monthly
Rebate ($)
Monthly
Payment ($)
Fort Erie (788,429) (65,702)
Grimsby 1,712,252 142,688
Lincoln (379,228) (31,602)
Niagara Falls 1,428,992 119,083Niagara-on-the-
Lake 328,702 27,392
Pelham 96,756 8,063
Port Colborne (91,592) (7,633)
St. Catharines (2,788,445) (232,370)
Thorold (68,347) (5,696)
Welland 603,460 50,288
West Lincoln (54,121) (4,510)
Total - (347,514) 347,514
Wastewater Flows by LAM, Allocation Percentages,
2023 Fixed Wastewater Requisition Including
Reconciliation by Municipality
CSD 48-2024
Appendix 6
November 7, 2024
Page 283 of 357
Water and Wastewater 2025 Program Changes - Staffing CSD 48-2024
Appendix 7
November 7, 2024
Position FTE Operating Impact $ (Millions)Rationale for Position
Systems Maintenance Person 3.0 $0.28
Additional staff to support a preventative/performance-based maintenance
model to ensure that assets will perform reliably to prevent sewage releases,
basement flooding or non-compliance
Pumping Station Crews 4.0 0.44
Staffing resources to assist the WW section with providing reactive and
preventative maintenance to Sewage Pumping Stations (SPS) sewage
forcemains, odour control facilities and various CSO tanks within the
wastewater collection system. Two (2) personnel would be allocated to support
each of Area 2 and Area 3
Area 1 Operators 2.0 0.20 Addition of two (2) Wastewater Operators in Wastewater Area I to assist with compliance related issues currently being encountered at the Niagara Falls and
Stevensville Lagoon Wastewater Facilities
NOTL Wastewater Operator 1.0 0.10
Addition of one (1) Wastewater Operator will allow the NOTL WWTP to be
operated on a 24/7 basis. The NOTL and Crystal Beach plants have only been
staffed 40 hours per week due to a lack of staff in the two areas. All other
WWTP and WTPs in the Division are staffed 168 hours (24/7) per week
Crystal Beach Wastewater Operator 1.0 0.10
Addition of one (1) Wastewater Operator will allow the Crystal Beach WWTP to
be operated on a 24/7 basis. The additional operator will supplement the
current staff complement at the Crystal Beach WWTP in Fort Erie. Both the
NOTL and Crystal Beach plants have only been staffed 40 hours per week due
to a lack of staff in the two areas. All other WWTP and WTPs in the Division
are staffed 24/7 (168 hours per week)
Senior Project Manager - WWW 1.0 0.05 The addition of one (1) full time Senior Project Manager to assist in delivering
current and projected projects in Area 2
Project Manager 1.0 0.04 The addition of one (1) full time Project Manager is required to deliver the 2025
and beyond water and wastewater capital program
Page 284 of 357
Water and Wastewater 2025 Program Changes - Staffing CSD 48-2024
Appendix 7
November 7, 2024
Position FTE Operating Impact $ (Millions)Rationale for Position
Laboratory Technician II 0.4 0.04
The request is to convert the part-time Lab Technician I position into a full-time
Lab Technician II position to better suit the laboratory cross training with the
other Lab Technician IIs and increase the collaboration effort with the
laboratory group
Environmental Compliance Analyst 1.0 0.09
The position will analyze the testing results from samples collected by the
Environmental Sampling Technician and Environmental Enforcement Officers
to assist the supervisor in coordinating work and inspection efforts. The
position will also assist the existing Compliance Supervisor and Compliance
Analyst in meeting Provincial regulations
Environmental Sampling Technician 1.0 0.09
The addition of a sampling technician will assume the sampling workload from
the 3 Environmental Enforcement Officers and allow them to concentrate on by-
law enforcement activities
SCADA Technician 2.0 0.24
The demand for the SCADA group is higher than can be provided by the
current complement of staff. The addition of 2 SCADA technicians will support
SCADA implementation and technical upgrade activities in WWW facilities
W-WW Infrastructure Analyst 2.0 0.25
The Infrastructure Analysts will be responsible for servicing, maintaining and
applying security patches to W-WW SCADA servers, viewnodes and network
hardware. The requested 2 positions will also be responsible for installing and
maintaining all Corporate IT hardware in Water/Wastewater facilities
Security Program Manager 1.0 0.13
The W-WW Security Program Manager will be responsible to manage and
develop the W-WW security program , implement the Security Master Plan and
to deliver the security capital works program
Totals 20.4 $2.05
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…/2
234-2024-5434
November 28, 2024
Dear Head of Council:
Through the More Homes Built Faster Act, 2022, changes were made to the Planning Act to
accelerate implementation of the province’s additional residential unit (ARU) framework.
These changes allowed “as-of-right” (without the need to apply for a rezoning) the use of up
to 3 units per lot in many existing residential areas (i.e., up to 3 units allowed in the primary
building, or up to 2 units allowed in the primary building and 1 unit allowed in an ancillary
building such as a garage).
To support implementation of ARUs, the Cutting Red Tape to Build More Homes Act, 2024,
made further changes to the Planning Act to provide me, as the Minister of Municipal Affairs
and Housing, with broader regulation-making authority to remove municipal zoning by-law
barriers that may be limiting the development of ARUs.
Following consultation on the Environmental Registry of Ontario, our government has taken
further action to tackle the housing supply crisis and reach our goal of building more homes
by amending Ontario Regulation 299/19 – Additional Residential Units to remove certain
municipal zoning by-law barriers. These changes took effect upon filing.
These changes will help to facilitate the creation of ARUs, such as basement suites and
garden suites, by eliminating barriers including maximum lot coverage, angular planes, floor
space index (FSI), minimum separation distances and minimum lot sizes on parcels of
urban residential land subject to the ARU framework in the Planning Act. More information
on these changes can be found through Environmental Registry of Ontario posting 019-
9210.
It is my expectation that municipalities will respect these regulatory changes and the intent
behind them. I will not hesitate to use my available powers to ensure these changes to the
Planning Act are allowed to support our goal of building more homes.
Ministry of
Municipal Affairs and Housing
Office of the Minister
777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000
Ministère des
Affaires municipales et du Logement
Bureau du ministre
777, rue Bay, 17e étage Toronto (Ontario) M7A 2J3 Tél. : 416 585-7000
Page 292 of 357
-2-
We will continue working with our municipal partners to achieve our goal of building the
homes that Ontarians need.
Sincerely,
Hon. Paul Calandra
Minister of Municipal Affairs and Housing
c. Martha Greenberg, Deputy Minister
Jessica Lippert, Chief of Staff to Minister Calandra
Chief Administrative Officer
Office of The Clerk
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Heather Ruzylo
Subject:Councillor Nieuwesteeg - notices of motion
Notice of Motion
RE: maximizing parking at the Exchange and NF History Museum
For Tuesday, December 10th
Whereas the Exchange provides a much-needed element of culture in the City and is a great
benefit to the residents, but parking challenges for events there have been identified.
Whereas residents and visitors to the location have expressed they are discouraged with the
parking situation since the Exchange has been up and running alongside the Museum.
Whereas the Exchange was intended to house a farmer’s market and City Council voted to move
the market location, with one of the reasons cited as insufficient parking.
Whereas the 10,000 square foot event space in the Exchange and adjacent Niagara Falls History
Museum (Museum) require parking to be maximized to get the most out of these venues.
Whereas challenges with parking create a poor customer experience that translates into declining
attendance numbers and could impact event rentals.
Whereas attendees look for parking elsewhere and often infringe on parking lots and spaces of
neighbouring business properties.
Whereas businesses and neighbours are bearing the brunt of the parking overflow challenges.
Whereas the Main and Ferry BIA has identified that there has long been an issue with parking in
the area, years before the Exchange was added and parking was further limited.
Whereas advertised parking spaces on the website within a 5-minute walk does not paint an
accurate picture for event-goers.
Whereas other factors need to be considered that deter visitors from parking at suggested off-site
lots including accessibility, walking distance for older adults or families with young children,
feeling of safety and security in the neighbourhood, winter and other weather events.
Whereas there are options that can be considered to maximize parking on-site.
Whereas at larger events, shuttle service could be explored between nearby lots to address some
of the concerns of parking at off-site lots.
Whereas every opportunity to maximize parking seasonally including removing snow from the site
instead of piling it there to cover any available spots should be considered.
Whereas there is a loading dock and surrounding area that is minimally used and space allocation
could be revisited.
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Whereas the parking lot design of the Exchange includes unnecessary curbs and plantings (park-
like design/ where parking needed).
Whereas attached photos indicate some of the curbs in question.
Whereas decorative curbs can cause seasonal driving obstacles, for example when covered in
snow.
Whereas redesigning decorative curbs and plantings could recoup additional parking spaces on-
site.
Whereas when events are on, all thoroughfares and access to facilities should be opened for
traffic to move freely.
Whereas street closures during events should be strongly discouraged as they create a
perception of added inaccessibility to get close to the facility.
Whereas Niagara Region Transit has opted to move the bus stop away from the front of the
Museum, freeing up valuable on-street space that had been used for busses to stop.
Whereas transit changes have created opportunities for more on-street parking in front and
adjacent to this location that should be explored.
Whereas other innovative and creative solutions and best practices should be explored.
Whereas the silver lining with the move of the market to transform the Exchange into an
opportune event venue, should not be hindered by parking but instead should serve to enhance
the venue.
THEREFORE BE IT RESOLVED:
The City of Niagara Falls utilize and maximize all on-site parking and surrounding street parking to
enhance the Exchange and Museum and to redesign the parking lot to maximize the number of
parking spaces and that this be done as soon as possible to better serve the users of the facility.
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Heather Ruzylo
Subject:NOTICE OF MOTION - From Councillor Nieuwesteeg - Naming March Youth
Empowerment Month
Notice of Motion
RE: Naming March Youth Empowerment Month
For Tuesday, December 10th
Whereas youth make up nearly one fifth of the population of our community.
Whereas our youth are the future of our City and will be leading us into the next decade.
Whereas the young people of the day need to be empowered to make decisions in governance
and community engagement.
Whereas the representatives of our Mayor’s Youth Advisory Committee reach out to make a
difference in the community and empower others.
Whereas our support of the youth is a meaningful part of empowering them to learn and develop
leadership skills that will benefit them for the rest of their lives.
Whereas empowered youth give back and have a positive impact on our community.
THEREFORE BE IT RESOLVED:
The City of Niagara Falls recognize March as Youth Empowerment Month.
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NOTICE OF MOTION:
BY: COUNCILLOR LORI LOCOCO
WHERE AS the City Budget is a roadmap that outlines our strategic priorities.
Council decides on how money should be spent and which projects should be
implemented. It outlines the services that we will provide to our residents and the
infrastructure that is required for our community;
WHERE AS Section 15.3 of the Procedural By-Law No. 2019-04 states that:
“No Member may speak to the same question or in reply for any longer
than five (5) minutes including comments, questions to staff and staff
responses in Council, without leave of the Council.”
WHERE AS Council has previously discussed the option of waiving the
Procedural Bylaw for the five minute rule for important and detailed subjects;
THEREFORE BE IT RESOLVED that Section 15.3 of the Procedural Bylaw be
waived for the 2025 budget discussions on November 26, 2024, December 10,
2024 and January 21, 2025.
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Joedy Burdett
"Advocating the right to voice an opinion to the actions of the City of Niagara Falls Council."
“People shouldn’t be afraid of their government. Governments should be afraid of their people.”
Do not redact the contents of this document. This document can be freely distributed. Comments #12-08-2024-01 Monday, December 09, 2024
Subject: Waiving of Section 15.3 of Procedural By-Law - Re: 2025 Budget Discussions
on November 26, 2024, December 10, 2024, and January 21, 2025
Dear Council Members,
It is my opinion that council members are potentially exposing the city to a violation
complaint under section 4.2(a) of the Code of Conduct concerning adherence to section
15 of By-Law 2019-04.
Councilor Lococo's motion addresses this concern, and I request council’s approval of it.
To deny such a motion and then have a council member breach section 15 within the same
meeting may be perceived as exceeding a threshold of tolerance, potentially resulting in a
complaint.
I am not implying that I will file such a complaint, only that others may.
Page 298 of 357
Joedy Burdett
Former 2022 Candidate for The Niagara Falls City Council
Ontario Independent Designer (BCIN 38837)
Building Services, Plumbing-All Buildings, Small Buildings
30+ years - Niagara Falls Business Owner Niagara Tinting
4480 Bridge Street, Niagara Falls, Ontario, L2E 2R7
(905) 353 8468
Altering or redacting this document will be viewed as a violation of Section 2(b) of The Canadian Charter of
Rights.
Page 299 of 357
Page 300 of 357
CITY OF NIAGARA FALLS
By-Law No. 2019-04
A by-law governing the calling, place and proceedings of Meetings.
WHEREAS subsection 238(2) of the Municipal Act, 2001, S.O. 2001, Chapter 25, as
amended, provides that every municipality shall pass a procedure by-law for governing
the calling, place and proceedings of Meetings.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. DEFINITIONS
For the purposes of this By-law:
“Act” means the Municipal Act, 2001, S.O. 2001, c.25, as amended from
time to time;
“Acting Mayor” means the Councillor who is appointed to act in the place
and stead of the Mayor as required;
“Appointment” means a request to address Council on a matter not on the
agenda, but must be related to Council;
“CAO” means the Chief Administrative Officer of the City or his/her
designate;
“City” means The Corporation of the City of Niagara Falls and includes the
geographical area of the City of Niagara Falls;
“Clerk” means the Clerk of the City of Niagara Falls appointed under the Act
and shall include any other employee of the City to whom the Clerk has
delegated any of the Clerk's powers and duties under the Act;
“Closed Meeting” means a Meeting or a part of a Meeting of Council, which
is not open to the public in accordance with the Act;
“Committees of Council” means any board, commission or committee
established by Council, which has at least one (1) Member appointed from
Council. The Member(s) appointed by Council may be Member(s), staff of
the City, and/or member(s) of the public;
“Consent Agenda” means a listing of Consent Items being presented to
Council for its consideration;
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“Consent Item” means a report that is presented to Council for approval, in
anticipation of there being no debate on the item, and with no Delegation as
further clarified in sections 14.1 and 14.2;
“Council” means the City’s elected representatives, comprised of the Mayor
and Councillors;
“Councillor” means a person elected or appointed as a Member of Council,
other than the Mayor;
“Delegate” or “Delegation” means any person, group of persons, firm or
organization, who is neither a Member of Council or a member of City staff,
and who is speaking to Council on an item on the agenda;
“Electronic Device” means computers, cellular telephones, smartphones,
personal digital assistants, smartwatches, tablets, voice recorders and
cameras or any other similar functioning device;
“Emergency Meeting” means a Meeting that does not meet the
requirements of a Meeting or a Special Meeting;
“Friendly Amendment” means an amendment put forward by a Member that
is accepted by the mover and seconder of the Motion as a change that can
be incorporated into the Motion as if that wording was part of the Motion
that was initially put on the floor for consideration;
“Item(s) for Discussion” means agenda material that is presented for
approval, which is not on the Consent Agenda;
“Majority” means more than half of the votes cast by the Council who are
present and eligible to vote;
“Mayor” means the head of Council and includes the Acting Mayor;
“Meeting” means any regular, special or other meeting of a Council, of a
local board or of a committee of either of them, where a Quorum of Members
is present, and Members discuss or otherwise deal with any matter in a way
that materially advances the business or decision-making of the Council,
local board or committee;
“Member” means a member of Council, including the Mayor;
“Motion” means a proposal by a Council Member presented in a Meeting in
accordance with the Rules of Procedure, for the consideration of Council;
“Notice of Motion” means a written notice presented to Council advising that
the Motion described therein will be brought to a future Meeting of Council;
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“Open Meeting” means a Meeting which is open to the public;
“Pecuniary Interest” means a direct or indirect financial interest of a
Member;
“Point of Order” means as set out in section 16.2;
“Point of Privilege” means as set out in section 16.1;
“Procedural Motion” means any Motion concerning the manner or time of
consideration of any matter before the Council, as opposed to the
substance thereof, and includes, without limitation, the following:
to extend the time of the Meeting;
to refer;
to defer to a specific date;
to Recess;
to adjourn;
to move the question be put; or
to suspend the Rules of Procedure;
“Quorum” means a Majority of the Members;
“Recess” means a short intermission in the Meeting’s proceedings which
does not close the Meeting, and after which business will immediately be
resumed at exactly the point where it was interrupted;
“Recorded Vote” means a written record of the name and vote of each
Member who votes on a question and of each Member present who does
not vote;
“Resolution” means a Motion that has been carried;
“Rules of Procedure” means the rules and procedures set out in this By-law
for the calling, place and proceedings of the Meetings of Council and its
committees;
“Speakers List” means a list maintained by the Mayor of those Councillors
wishing to speak to the Motion;
“Special Meeting” means a Meeting other than a regularly scheduled
Meeting, called pursuant to the Act or the provisions of this By-law; and
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“Substantive Motion” means any Motion other than a Procedural Motion.
2. GENERAL
The Rules of Procedure contained in this By-law shall be observed in all
proceedings of Council and shall be the rules for the order and conduct of
business in Council.
All matters not specifically provided for in this By-law shall be regulated in
accordance with the parliamentary procedures outlined in James Lochrie’s
Meeting Procedures.
In the absence of any statutory obligations, the Rules of Procedure may be
temporarily suspended by Council by an affirmative vote of two-thirds of the
Members present.
This By-law shall not be amended or repealed except by an affirmative vote
of two-thirds of the Members present, but no such amendment or repeal
may be considered at any Meeting of Council unless notice of the proposed
amendment or repeal has been given at a previous regular Meeting of
Council. The requirement to give notice shall not be waived.
If any section or part of this By-law is found by any Court of competent
jurisdiction to be illegal or beyond the power of Council to enact, such
section or part shall be deemed to be severable and all other sections or
parts of this By-law shall be deemed to be separate and independent
therefrom and to be enacted as such.
3. ROLE OF COUNCIL
It is the role of Council:
to represent the public and to consider the well-being and
interests of the City;
to develop and evaluate the policies and programs of the City;
to determine which services the City provides;
to ensure that administrative policies, practices and
procedures are in place to implement the decisions of Council;
to set strategic priorities;
to abide by the Council’s Code of Conduct;
to engage the CAO to oversee the day to day implementation
of policies and programs;
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to ensure the accountability and transparency of the
operations of the City, including the activities of the senior
management of the City;
to maintain the financial integrity of the City;
to carry out the duties of Council under the Act or any other
applicable statute; and
to act within and uphold the rule of law.
4. ROLE OF THE MAYOR
It is the role of the Mayor:
to preside over Council Meetings;
to provide leadership to Council;
to represent the City at official functions;
to carry out the duties of the head of Council under the Act
and any other statute;
to uphold and promote the purposes of the City;
to promote public involvement in the City’s activities;
to act as the representative of the City both within and outside
the City, and promote the City locally, nationally and
internationally; and
to participate in and foster activities that enhance the
economic, social and environmental well-being of the City and
its residents.
It shall be the duty of the Mayor, with respect to any Meetings over which
he or she presides, to:
preserve order and decide all questions of order, subject to
appeal, and without argument or comment, state the rule
applicable to any Point of Order if called upon to do so;
receive and submit to a vote all Motions presented by the
Members, as the case may be, which do not contravene the
Rules of Procedure;
determine the results of the vote on any Motions so presented;
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enforce, on all occasions, the observance of order and
decorum among the Members; and
authenticate by his or her signature, when necessary, all by-
laws, minutes and Resolutions of Council.
The Mayor shall be ex-officio a member of all committees and shall have
full privileges, including the right to vote at Meetings thereof, but shall not
count in membership number or determining Quorum.
The Mayor shall vote as any other Member.
In accordance with the Act, in each term, as soon after the commencement
of the term as is reasonably possible, Council shall appoint by by-law, a
Member to serve as Acting Mayor. The Acting Mayor shall serve in
circumstances where the Mayor is absent or refuses to act or the office is
vacant and while so acting in the place and stead of the Mayor, such
Member shall have all powers and duties of the Mayor.
5. REGULAR MEETINGS OF COUNCIL
All regular Meetings of Council shall be held in the Council Chambers at
4310 Queen Street, Niagara Falls, according to the schedule to be set
annually and approved by Council, or at such other time or place as may be
designated by Council from time to time.
Regular Meetings of Council shall be held on a Tuesday (whenever
possible), commencing at 5:00 p.m. in Open Meeting or at such other time
as may be designated from time to time.
All Closed Meeting Items for Discussion at Council shall be discussed in
Closed Meeting prior to the regular Meeting.
The curfew for each regular Meeting of Council is 10:00 p.m. The Meeting
shall stand adjourned at that curfew, unless the curfew is extended by an
affirmative vote of the Majority of Members present.
6. SPECIAL MEETINGS
Upon notice as set out in section 6.4, the Mayor may, at any time, call a
Special Meeting of Council.
A Special Meeting of Council can be called in one of two ways:
by the Mayor, as set out in section 6.1 above; or
upon receipt of a petition seeking the scheduling of a Special
Meeting, by the Majority of the Members.
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In the event that a Special Meeting of Council is called as pursuant to
subsection 6.2 above, the Clerk shall call such Special Meeting of Council
for the purpose as described and at the time and place set out in the petition.
The Clerk shall provide all Members with notice of a Special Meeting at least
forty-eight (48) hours before such Meeting. Notice shall be provided to the
Member by personal delivery, facsimile, e-mail or other electronic means,
or by contacting the Member by telephone.
No business may be transacted at a Special Meeting of Council other than
that specified in the notice or agenda.
7. EMERGENCY MEETINGS
Notwithstanding any other provision of this By-law, an Emergency Meeting
of Council may be called by the Mayor without written notice to deal with an
emergency or extraordinary situation, provided that an attempt has been
made by the Clerk to notify the Members about the Meeting as soon as
possible and in the most expedient manner available.
The only business to be dealt with at an Emergency Meeting shall be
business dealing directly with the emergency or extraordinary situation.
The lack of receipt of a notice of an Emergency Meeting by any Member
shall not affect the validity of the Emergency Meeting or any action taken
thereat.
8. QUORUM
A Majority of Members representing at least five (5) Members is necessary
to form a Quorum of Council.
As soon as there is a Quorum after the time set for the Meeting, the Mayor
shall call the Meeting to order.
If a Quorum is still not present within thirty (30) minutes after the time set
for the Meeting, then the Clerk shall record the names of the Members
present and the Meeting shall stand adjourned until the date of the next
Meeting.
If a Quorum is lost during a Meeting and is not regained within fifteen (15)
minutes, the Meeting shall stand adjourned until the next Meeting.
When the number of Members, who by reason of the provisions of the
Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, are unable to
participate in a Meeting, is such that at that Meeting the remaining Members
are not of sufficient number to constitute a Quorum, then the remaining
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number of Members shall be deemed to constitute a Quorum, provided such
number is not less than two (2).
9. CLOSED MEETINGS
Except as otherwise provided in this section, all Meetings shall be open to
the public.
A Meeting or part of a Meeting may be closed to the public if the subject
matter being considered is:
the security of the property of the City;
personal matters about an identifiable individual, including
City employees;
a proposed or pending acquisition or disposition of land by the
City;
labour relations or employee negotiations;
litigation or potential litigation, including matters before
administrative tribunals, affecting the City;
advice that is subject to solicitor-client privilege, including
communications necessary for that purpose;
a matter in respect of which a Council, board, committee or
other body may hold a Closed Meeting under another Act;
information explicitly supplied in confidence to the City by
Canada, a province or territory or a Crown agency of any of
them;
a trade secret or scientific, technical, commercial, financial or
labour relations information, supplied in confidence to the
City, which, if disclosed, could reasonably be expected to
prejudice significantly the competitive position or interfere
significantly with the contractual or other negotiations of a
person, group of persons, or organization;
a trade secret or scientific, technical, commercial or financial
information that belongs to the City and has monetary value
or potential monetary value; or
a position, plan, procedure, criteria or instruction to be applied
to any negotiations carried on or to be carried on by or on
behalf of the City.
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A Meeting shall be closed to the public if the subject matter relates to:
the consideration of a request under the Municipal Freedom
of Information and Protection of Privacy Act, R.S.O. 1990, c.
M.56, if Council is designated as head of the institution for the
purposes of that Act; or
an ongoing investigation respecting the City or a municipally-
controlled corporation by the Ombudsman appointed under
the Ombudsman Act, R.S.O. 1990, c. O.6, an Ombudsman
referred to in subsection 223.13(1) of the Act, or the
investigator referred to in subsection 239.2(1) of the Act.
A Meeting of Council may be closed to the public if the following conditions
are both satisfied:
the Meeting is held for the purpose of educating or training the
Members; and
at the Meeting, no Member discusses or otherwise deals with
any matter in a way that materially advances the business or
decision-making of Council or committee.
Before holding a Meeting or part of a Meeting that is to be closed to the
public, Council or committee shall state by Resolution:
the fact of the holding of the Closed Meeting and the general
nature of the matter to be considered at the Closed Meeting;
or
in the case of a Meeting under section 9.4, the fact of the
holding of the Closed Meeting, the general nature of its
subject matter and that it is to be closed under that section.
Only items contained in the Resolution provided for in section 9.5 shall be
considered by the Council or committee in Closed Meeting.
A Meeting shall not be closed to the public during the taking of a vote except
where:
the provisions of this By-law or the Act permit or require the
Meeting to be closed to the public; and
the vote is for a procedural matter or for giving directions or
instructions to officers, employees or agents of the City or
persons retained by or under a contract with the City.
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Prior to meeting in a Closed Meeting, Council shall convene an Open
Meeting to pass a Resolution to convene a Closed Meeting.
The Resolution described in section 9.8 above shall state the legislative
authority for the proposed Closed Meeting.
All deliberations while in Closed Meeting shall remain confidential unless
otherwise agreed upon by a Majority vote of Council. Only the final results
of deliberations may be made public when such disclosure is authorized by
Council.
All Electronic Devices must be turned off throughout Closed Meetings of
Council with the exception of the Clerk’s Electronic Device which records
the Meeting, and ‘on call/on duty’ medical or emergency services personnel
(Council or employees). Such personnel shall advise the Mayor, and place
their Electronic Devices on the audible setting in order to be notified, and
upon notification, leave the room to respond.
10. PUBLIC NOTICE OF MEETINGS
The Clerk shall provide public notice of all Meetings of Council by posting a
notice on the website of the City, a newspaper of general circulation in the
community and electronic display boards at City Hall, which includes the
place, date and time of the Meeting.
11. COUNCIL AGENDA
The Clerk, in consultation with the Mayor and staff, shall prepare the agenda
for all regular Meetings of Council. The order of proceedings shall be as
follows, or as otherwise determined by the Clerk:
call to order;
Resolution to proceed with Closed Meeting of Council (if
required);
Closed Meeting of Council (if required);
singing of ‘O Canada’;
adoption of Minutes of previous Open Meeting and Closed
Meeting;
disclosures of Pecuniary Interest;
Mayor’s report and announcements;
Appointments/Delegations;
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reports;
planning matters;
Consent Agenda;
communications:
receive and/or refer to staff;
for consideration;
ratification of Meeting;
other business;
Motions;
Notices of Motion;
by-laws; and
adjournment.
The business of each Meeting shall be dealt with in the order in which it
stands in the agenda, unless otherwise decided by a Majority vote of the
Members present.
Every item of correspondence, petition, report and other written material
intended to be presented to Council shall be legibly written or printed and
shall be signed by at least one (1) person. The Clerk may submit such
written communication to Council in summary form.
The Clerk shall distribute the agenda for each regular Council Meeting to
every Member by electronic means before the scheduled Meeting.
12. DELEGATIONS AND APPOINTMENTS
Requests for Delegations to Council shall be submitted in writing to the
Clerk twenty-four (24) hours prior to the commencement of the Meeting.
Requests for Appointments shall be submitted in writing to the Clerk no later
than seven (7) days before the date and time of the Meeting.
A maximum of five (5) Appointments shall be permitted.
A written request for an Appointment to address Council shall include:
the person’s name;
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address;
telephone number;
the name, address and telephone number of the person or
organization the requester represents (if applicable); and
a detailed brief of the topic to be discussed and the
request/direction the presenter is seeking from Council.
A written Appointment request will form part of the official record of the
proceedings of Council and will be considered to be a public document.
In the case of extenuating circumstances, a person who does not appear
on the agenda may appear as an Appointment at a Council Meeting,
provided the Council, by an affirmative vote of a Majority of the Members
present, grants the person to appear, an Appointment.
Delegations and Appointments shall be limited to not more than five (5)
minutes to address Council, unless otherwise determined by Council.
Delegations and Appointments shall not be permitted on the following
topics:
labour relations;
union negotiations;
any employee relations;
advertisements for products or services; and
election campaigning.
13. MINUTES OF MEETINGS
The minutes of every Council Meeting shall be recorded by the Clerk.
The minutes of all Meetings of Council and committees shall record:
the place, date and time of Meeting;
the name of the head of Council and the record of the
attendance of the Members present and those who have sent
their regrets, and the name of the recording secretary and
senior staff present; and
without note or comment, all Resolutions, decisions and other
proceedings of the Meeting.
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The Members shall inform the Clerk's office, where reasonable, of all
planned absences, late arrivals, and early departures from Council and
Closed Meetings.
The minutes of each Council Meeting shall be presented to Council at the
next regular Meeting for approval.
After the Council minutes have been approved by Council, they shall be
signed by the Mayor and the Clerk.
All audio recordings of Closed Meetings shall be maintained and kept
securely in the Clerk’s office.
Recordings of Meetings shall be retained in accordance with the City’s
Records Retention By-law.
14. CONSENT AGENDA
The Council Consent Agenda shall consist of the following items:
reports from staff wherein the recommendation is that the
report be received for the information of Council;
correspondence for the direction of Council, which may
include:
monthly or regular updates to Council that don’t involve
a decision of Council;
correspondence for which a policy decision or approval
of Council is required; and
correspondence accompanied by a recommendation
from staff;
items of a timely nature; and
items staff anticipate will be unlikely to cause debate.
Council Members shall identify any items contained on the Consent Agenda
which they wish to speak to and the matter shall be extracted from the
Consent Agenda to be dealt with separately under Items for Discussion.
The balance of items on the Consent Agenda, which have not been
extracted, shall be voted on in one (1) Motion.
15. RULES OF DEBATE
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Any Member who wishes to speak must raise his or her hand and be
recognized by the Mayor. Once recognized, the Member, if able, shall stand
to speak to the matter.
When two (2) or more Members raise their hands, the Mayor shall designate
the order in which they may speak.
No Member may speak to the same question or in reply for any longer than
five (5) minutes including comments, questions to staff and staff responses
in Council, without leave of the Council.
When a Member is speaking, no other Member shall interrupt that Member
except to raise a Point of Order.
Any Member may require the question or Motion under discussion to be
read at any time during the debate, but not so as to interrupt a Member
while speaking.
At the Mayor’s discretion, the mover of a Substantive Motion may be offered
the opportunity to speak last.
16. POINTS OF PRIVILEGE AND ORDER
When a Member believes that his or her rights, privileges or integrity, or
those of the Members collectively have been prejudicially affected, that
Member may ask leave of the Mayor to raise a question of privilege and
after leave is granted, the Member shall state the Point of Privilege to the
Mayor and the Point of Privilege shall be immediately decided by the Mayor.
When a Member desires to call attention to a deviation or departure from
the Rules of Procedure, that Member shall ask leave of the Mayor to raise
a Point of Order and after leave is granted, the Member shall state the Point
of Order to the Mayor and the Point of Order shall be immediately decided
by the Mayor.
It shall be the duty of the Mayor to decide all Points of Privilege and Order
and, if called upon to do so, to state the rule applicable to any Point of Order,
practice or procedure. The Mayor’s ruling on a Point of Order shall be made
without debate and shall be final subject only to an immediate appeal from
such ruling by a Member.
In the case of an immediate appeal by a Member from the decision of the
Mayor on a Point of Order, practice or procedure, such Member shall state
the grounds for the appeal and such appeal must be decided, without
debate, by the concurring votes of a Majority of Members present on “Shall
the ruling of the Mayor be sustained”.
When a Point of Order is raised:
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all debate shall cease until the Mayor has ruled on the Point
of Order and the appeal, if any, of the Mayor’s ruling on the
Point of Order is decided;
once the ruling on the Point of Order is final, debate shall
resume at the point in the proceedings at which the Point of
Order was raised and the speaker who was addressing
Council at the time the Point of Order was raised, shall resume
addressing Council; and
notwithstanding subsection 16.5.2 above, in the event the
ruling on the Point of Order, whether by way of a ruling by the
Mayor or by way of the outcome of an appeal of the ruling of
the Mayor, affects the order of speakers in the debate or the
order of proceedings of Council, the meeting shall proceed in
accordance with the ruling.
When the Mayor considers that the integrity of the Chief Administrative
Officer or a member of the staff has been impugned or questioned, the
Mayor may permit the Chief Administrative Officer or other staff member
present to make a statement to the Council.
17. NOTICES OF MOTION
Except as otherwise provided in this 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.
Notwithstanding section 17.2 above, in the event that any Motion introduced
without notice to Council involves the expenditure of more than Two
Hundred and Fifty Thousand Dollars ($250,000.00), the Rules of Procedure
cannot be suspended.
18. MOTIONS
Notwithstanding section 17, the following types of Motions do not require
notice:
call the question;
refer;
defer;
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Recess;
adjourn;
suspend an identified Rule of Procedure;
decide an appeal on a Point of Order, practice or procedure;
or
amend a Motion.
All Motions shall be moved and seconded before being debated or put to a
vote.
After a Motion has been moved and seconded, it can be withdrawn by the
moving Council Member at any time during the debate and before a
decision or amendment.
A Motion shall be decided without debate or amendment if it is to:
call the question;
refer or defer;
adjourn; or
extend curfew.
The priority of Motions, in declining order, is set out as follows. Each matter
or Motion takes precedence over those that are below it in this list (i.e. if
moved, it must be decided before others ranking below it):
extend curfew;
call the question;
refer;
defer;
adjourn;
suspend an identified Rule of Procedure;
decide an appeal on a Point of Order, practice or procedure;
and
amend a Motion.
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All other Motions not listed above are of lower priority and are of equal
priority among them.
Consideration of a Motion may be interrupted by consideration of a Motion
with higher priority.
When a Motion is under debate, no other Motion shall be in order except a
Motion to amend.
A Motion to suspend the Rules of Procedure must identify the specific rule
to be suspended.
Upon the request of any Member of Council, a Motion under consideration
that contains distinct propositions, can have each proposition voted on
separately.
Motion to Adjourn
A Motion to adjourn:
is not debatable;
is not amendable;
shall not include qualifications or additional statements; and
is always in order, except when a Member is speaking or
when the Members are voting.
When a Motion to adjourn has been decided in the negative, no further
Motion to adjourn shall be made until Council has conducted further
proceedings.
Motion to Amend
A Motion to amend:
shall be relevant to the main Motion;
shall not be received if in direct opposition to the main Motion;
is debatable;
may be accepted as a Friendly Amendment;
can be amended; and
an amendment to the amendment is not allowed.
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Only one (1) Motion to amend an amendment to the question shall be
allowed at one time and any further amendment must be to the main
question.
Voting on the main Motion and amending Motions shall be conducted in the
following order:
a Motion to amend a Motion to amend the main Motion;
a Motion (as amended or not) to amend the main Motion; and
the main Motion (as amended or not).
Motion to Refer
A Motion to refer a matter under consideration to staff or another body:
is not debatable, except when instructions are included, in
which case only the instructions shall be debatable; and
shall take precedence over all amendments or debate of the
original Motion until it is decided.
A Motion to refer a matter shall specify the body to whom the matter is being
referred and may contain instructions from Council.
A Motion to refer a matter may only be moved by a Member who has not
yet spoken on the matter (except to give the reason(s) for the Motion to
refer) unless every Member who wishes to speak on the matter has had an
opportunity to do so.
Motion to Extend Curfew
An initial Motion to extend curfew for a period of 30 minutes:
is not amendable;
is not debatable;
is always in order, except when a Member is speaking or
when the Members are voting; and
requires a Majority vote of the Members present.
Any further extensions after the initial 30 minutes period shall require a two-
thirds Majority vote of the Members present.
Motion to Defer
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A Motion to defer a matter under consideration:
is not amendable;
is not debatable;
is always in order, except when a Member is speaking or
when the Members are voting; and
shall specify a date at which time the matter will again be
considered by Council.
Motion to Rise With/Without Report
A Motion to rise and report shall be decided without debate.
A Motion to rise without report:
is always in order;
takes precedence over any other Motion; and
is debatable.
Motion to Call the Question
A Motion that a vote on the question be now taken:
can be called by any Member, at any time during debate,
provided all Members present have had an opportunity to
speak once to the Motion on the floor;
cannot be proposed when there is an amending Motion under
consideration, except for the purpose of moving that the
amending Motion be put;
when resolved in the affirmative, requires that the question
(Motion, amending Motion or Motion as amended, whichever
is under consideration) be put forward immediately without
debate or amendment;
requires a Majority vote of the Members present;
is not a Point of Order;
is not amendable; and
is not debatable.
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Motion to Reconsider a Previously Decided Motion
A Motion to reconsider:
must be moved and seconded by Councillors that voted with
the Majority, in the matter to be reconsidered;
must be made by Notice of Motion; and
must be passed by a two-third (2/3) Majority vote of Council.
Notwithstanding section 18.24 above, the above reconsideration rule shall
not apply to the following:
a Motion passed by previous Councils;
a Motion that, while pertaining to a previously decided Motion,
does not alter the core purpose or intent of the previously
decided Motion;
a Motion presented in respect of a previously decided matter
for the purpose of strengthening or clarifying the original
decision; or
a Motion presented in respect of a previously decided matter
for the purpose of moving a matter through a series of
necessary steps or phases.
A matter cannot be reconsidered in the event actions have been taken that,
if reversed, would cause undue harm to persons that have relied on the
original decision or, in the event that reconsideration would expose the City
to liability.
Before accepting a Notice of Motion to reconsider, the Mayor may ask the
mover and seconder to confirm that he/she voted with the Majority of
Council on the issue in question.
No debate on a Motion to reconsider shall be permitted, however, the mover
of a Motion to reconsider may provide or may make a brief and concise
statement outlining the reasons for proposing such reconsideration.
Upon passing of the Notice of Motion to reconsider, the original Motion that
was the subject of the reconsideration is negated.
Motion to Recess
A Motion to Recess:
is not debatable;
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is amendable as to the length of the Recess; any such
amendment is not debatable; and
requires a Majority vote.
Motion to Close the Speakers List
A Motion to close the Speakers List as it stands at this time:
can be made only by a Member who is recognized by the
Mayor as the next speaker wishing to speak to the Motion in
the following words, “that the Speakers List be closed as it
stands at this time”;
when resolved in the affirmative, the Mayor will advise the
Members of the names that are listed on the Speakers List;
once the Speakers List is exhausted, the question (Motion,
amending Motion or Motion as amended, whichever is under
consideration) be put forward immediately without further
debate;
requires a Majority vote of the Members present;
is not a Point of Order;
is not amendable; and
is not debatable.
Motion to Suspend the Rules
A Motion to Suspend the Rules is to permit a time-limited deviation from a
rule of procedure that is interfering with an action the Council wishes to take.
When stating the motion, the member need not specify the rule to be
suspended but must state the specific activity to be allowed under the
suspension.
a) is non-debatable
b) is non-amendable
c) Suspending a rule is in essence putting in place a new rule
of order, even though temporarily, therefore it requires a two-
third (2/3) Majority vote of Council.
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19. VOTING PROCEDURES
A Motion shall be put to a vote by the Mayor immediately after all Members
desiring to speak on the Motion have spoken in accordance with the Rules
of Procedure.
Unless otherwise provided in the By-law or requested by the Mayor, a vote
may be by voice, show of hands, standing or otherwise.
Unless otherwise provided in the By-law, every Member shall have one (1)
vote.
Except as otherwise required under the Act, any other statute or this By-
law, all Motions, Resolutions and by-laws shall be carried, passed and
enacted, as the case may be, by a Majority vote.
After a Motion is put to a vote by the Mayor, no Member shall speak on that
Motion, nor shall any other Motion be made until after the result of the vote
is announced by the Mayor.
No Member shall leave his or her seat or make any noise or disturbance
while a vote is being taken until the vote is declared.
Unless otherwise provided in the By-law, when a question or Motion is put
to a vote, every Member present at a Council Meeting shall vote thereon,
except where the Member is disqualified from voting by reason of a declared
Pecuniary Interest or is absent from the Council Chambers when the
question or Motion is put to a vote.
Every Member who is not disqualified from voting by reason of a declared
Pecuniary Interest shall be deemed to vote against the Motion if the Member
declines or abstains from voting.
A Member present at the time of a vote may call for a Recorded Vote
immediately before or after the taking of the vote.
Unless otherwise provided in the By-law, each Member present, except a
Member who is disqualified from voting by reason of a declared Pecuniary
Interest, shall indicate his or her vote openly during the taking of a Recorded
Vote and the Clerk shall record each vote.
When a Recorded Vote is taken, the names of those who voted for and
those who voted against the Motion shall be entered in the minutes.
The Mayor shall announce the result of every vote. If all of the Members
present when a vote is taken vote unanimously, the Mayor shall announce
the vote accordingly.
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If a Member doubts the result of a vote as announced by the Mayor, that
Member may object immediately to the Mayor’s declaration and, upon the
affirmative vote of the Majority of the Members present, the vote shall be re-
taken.
Any question on which there is a tie vote shall be deemed to be lost, except
where otherwise provided by any act.
In the absence of having a conflict of interest, the Mayor may vote on any
and all Motions.
In the event of a tie vote between all of the Councillors, other than the
Mayor, who are eligible to vote on a Motion, the Mayor shall vote to break
the tie.
In the event the Mayor declines or refuses to vote in the circumstances
described above in section 19.16, the Mayor’s vote shall be deemed to be
a vote against the Motion.
In a vote, the number of Members constituting the Council shall be
determined by excluding the number of Members who are present at the
Meeting but who are disqualified from voting by reason of a declared
Pecuniary Interest.
20. PECUNIARY INTEREST
Where a Member declares a Pecuniary Interest during a Closed Meeting
session, he or she shall leave the room.
Where a Member declares a Pecuniary Interest during a Meeting, and
where there is no debate with respect to the Item for Discussion, he or she
may remain in attendance.
Where a Member declares a Pecuniary Interest during a Meeting, and
where there is a debate with respect to the Item for Discussion, he or she
shall leave the room.
21. ENACTMENT OF BY-LAWS
The question “that this by-law be now read a first time” shall be decided
without amendment or debate. If the by-law has been read a first time, it
may be read a second and third time, with or without amendments.
Every by-law enacted by Council shall be signed by the Mayor and the
Clerk, numbered and sealed with the seal of The Corporation of the City of
Niagara Falls.
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No by-law, except a by-law to confirm the proceedings of Council, shall be
presented to Council unless its subject matter has been considered and
approved by Council.
The proceedings of every Meeting of Council shall be confirmed by by-law
so that every Resolution and decision of Council passed at that Meeting
shall have the same force and effect as if each and every one of them had
been the subject of a separate by-law duly enacted.
22. COMMITTEES OF COUNCIL
Any recommendations from Committees of Council shall be presented by
way of a staff report and recommendation to Council.
Every committee is advisory to Council unless otherwise stated in the terms
of reference, by-law or Resolution governing the committee.
No committee has the power to bind the City or to commit the City to any
particular action or to give specific direction to any staff member, unless
specifically granted such power in the terms of reference, by-law or
Resolution governing such committee.
23. STATUTORY PUBLIC MEETINGS IN ACCORDANCE WITH THE PROVISIONS
OF THE PLANNING ACT
The Council shall provide for the holding of any and all necessary Statutory
Public Meetings in accordance with the provisions of the Planning Act,
R.S.O. 1990 c. P.13, as amended from time to time, with respect to the
City’s Official Plan and Zoning By-law Amendments and Policy
Amendments, and recommendations to Council on Local Official Plans and
General Policy Local Official Plan Amendments.
24. SHORT TITLE
The short title of this By-law is “The Procedural By-law”.
25. REPEAL
By-law No. 89-155 and all amendments thereto are hereby repealed.
26. EFFECT
This By-law shall become effective on the date of passage.
Passed this fifteenth day of January, 2019.
................................................................ ................................................................
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WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: January 15, 2019.
Second Reading: January 15, 2019.
Third Reading: January 15, 2019.
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Council Approved: June 2023
City of Niagara Falls Code of Conduct
for Members of Council
PREAMBLE
Niagara Falls City Council Members have the privilege of attaining elected
office. That privilege carries significant responsibilities and obligations with
respect to the public trust. In order to strengthen the role of Council and to
enhance public trust with respect to the obligations of its Members, this Code
is established to govern and regulate the ethical conduct of all Members and
also supplements existing superior legislation, municipal by- laws and related
corporate policies that govern Members’ conduct.
1. PURPOSE AND PRINCIPLES
1.1 The Code sets out and identifies the City’s expectations for its Members and
establishes rules for appropriate conduct.
1.2 The public expects the highest moral and ethical standards of conduct from
Members that it elects. The behavior and actions of Members is expected to reflect
the principles of accountability, transparency, and public trust. Adherence to these
standards will protect and maintain the City’ s reputation and integrity.
1.3 The key statements of principle that underline this Code are as follows:
(a) the decision-making process of Council is open, accessible and
equitable and respects the City’s governance structure;
(b) public office is not to be used for the personal financial benefit of any
Member;
(c) City residents should have confidence in the integrity of their local
government and of their Members;
(d) the conduct of each Member is of the highest standard; and
(e) the conduct of each Member demonstrates fairness, respect for
differences and a duty to work with other Members together for the
common good.
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2. DEFINITIONS
2.1 In this Code:
(a) “CAO” means the Chief Administrative Officer of the City or his/her designate;
(b) “City” means The Corporation of the City of Niagara Falls;
(c) “City property” includes, but is not limited to, all real and personal property,
facilities, vehicles, equipment, supplies, services, staff, documents, intellectual
property, computer programs or technological innovations belonging to the City;
(d) “Clerk” means the Clerk of the City or his/her designate;
(e) “Code” means the “Code of Conduct for Council Members” as
established by Council pursuant to Section 223.2 of the Municipal Act,
2001;
(f) “Committee” means a committee, board, task force or other body
constituted and appointed by Council;
(g) “community groups and organizations” means any group, club,
society, or organization and any non-profit or charitable group or
organization operated for social welfare, civic improvement, pleasure,
recreation or any other purpose except profit. Including but not limited
to registered charities and non-profit organizations as defined by the
Canada Revenue Agency.
(h) “complainant” means an identifiable person who is a resident of
Niagara Falls;
(i) “complaint” means a written objection filed with the Integrity
Commissioner pursuant to this Code respecting a Member and may be
submitted by City Council, a member of City Council , a City employee,
or a resident of the City of Niagara Falls;
(j) “confidential information” means any information in the possession of
or received in confidence by the City that the City is prohibited from
disclosing or has decided to refuse to disclose under the Municipal
Freedom of Information and Protection of Privacy Act or other
legislation, which includes but is not limited to:
(i) information that is disclosed or discussed at a meeting that is
closed to the public pursuant to subsection 239(2) of the Municipal
Act, 2001;
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(ii) information that is given verbally in confidence in preparation for or
following a meeting that is closed to the public pursuant to
subsection 239(2) of the Municipal Act, 2001;
(iii) personal information as defined in subsection 2(1) of the Municipal
Freedom of Information and Protection of Privacy Act;
(iv) advice that is subject to solicitor-client privilege or information that
concerns litigation or potential litigation, including matters before
administrative tribunals, affecting the City;
(v) information that concerns any confidential matters pertaining to
personnel, labour relations, or items under negotiation;
(vi) price schedules in contract tenders and information about
suppliers provided in contract tender or requests for information,
quotation or proposal submissions, if such information is given in
confidence, implicitly or explicitly;
(vii) sources of complaints where the identity of the complainant is
given in confidence;
(viii) information circulated to Members and marked "confidential"; or
(ix) any information lawfully determined by the Council to be
confidential or required to remain or be kept confidential by
legislation or order.
(k) “Conflict of Interest” means a situation in which a Member has
competing interests or loyalties between the Member’s personal or
private interests and his or her public interests as an elected
representative such that it might influence his or her decisions in a
particular matter;
(l) “Council” means the Council of the Corporation of the City of Niagara
Falls, comprised of the Mayor and Councillors;
(m) “Councillor” means a person elected or appointed as a Member of
Council, other than the Mayor;
(n) “Frivolous” means something that is not worthy of serious
consideration, or that is of little or no importance, due to its lack of
seriousness or sense;
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(o) “gift” means cash, fees, admission fees, advances, vouchers,
invitations, objects of value, services, offers, personal benefits, travel
and accommodation or entertainment that are provided to and retained
by a Member, that could be seen to be connected directly or indirectly
to the performance of the Member’s duties;
(p) “harassment” or “harass” involves engaging in a course of behaviour,
comment or conduct, whether it occurs inside or outside the work
environment, that is or ought reasonably to be known to be unwelcome.
It includes but is not limited to any behaviour, conduct or comment by a
Member that is directed at or is offensive to another person:
i) on the grounds of race, ancestry, place of origin, colour, ethnic
origin, citizenship, creed, sex, age, handicap, sexual orientation,
marital status, or family status, as well as any other grounds under
the provisions of the Human Rights Code; or
ii) which is reasonably perceived by the recipient as an intention to
bully, embarrass, intimidate or ridicule the recipient.
(q) “Integrity Commissioner” means the Integrity Commissioner
appointed by Council pursuant to Section 223.3 of the Municipal Act,
2001;
(r) “meeting” means any legally-constituted meeting of Council or a
Committee;
(s) “Member” means a Member of a Local Board appointed by City Council
as well as a Member of Council of the City and includes the Mayor.
(t) “non-pecuniary interest” means a private or personal interest that a
Member may have that is non-financial in nature and that would be
considered by a reasonable person apprised of all the circumstances,
as being likely to influence the Member’s decision in any matter in which
the non-pecuniary interest arises, and may include, but is not limited to,
an interest that arise from a relationship with a person or entity;
(u) “pecuniary” means relating to or consisting of money or having
financial or economic value;
(v) “social media” means web-based applications and on-line forums that
allow users to interact, share and publish content such as text, links,
photos, audio and video;
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(w) “staff” means the CAO and all commissioners, officers, directors,
managers, supervisors and all non-union and union staff, whether full-
time, part-time, contract, seasonal or volunteer, as well as agents and
consultants acting in the furtherance of the City’s business and interest;
and
(x) “vexatious” includes something that is instituted without sufficient
grounds and serving to cause annoyance, frustration or worry.
3. CONDUCT OF MEMBERS
A Member shall at all times conduct themselves with propriety, decency and
respect and with the understanding that all members of the public, other
Members of Council or a Local Board, and staff are to be treated with dignity,
courtesy and empathy, recognizing that a Member is always a representative
of the City and of their elected office or appointment. A Member shall at all
times conduct themselves with decorum and in accordance with the Board’s
or City’s Procedural By-law during any meetings and in a manner that
demonstrates fairness, respect for individual differences, and an intention to
work together for the common good and in furtherance of the public interest.
4. COMPLIANCE WITH THE CODE OF CONDUCT
4.1 This Code applies to every Member.
4.2 A Member shall:
(a) observe and comply with every provision of this Code, as well as all
other policies and procedures adopted or established by Council or
Board affecting the Member, acting in his or her capacity as a Member;
(b) respect the integrity of the Code and inquiries and investigations
conducted under it; and
(c) co-operate in every way possible in securing compliance with the
application and enforcement of the Code.
4.3 No Member shall:
(a) undertake any act of reprisal or threaten reprisal against a complainant
or any other person for providing relevant information to the Integrity
Commissioner or any other person required to participate in the
investigation; or
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(b) obstruct the Integrity Commissioner, or any other municipal official
involved in applying or furthering the objectives or requirements of this
Code, in the carrying out of such responsibilities, or pursuing any such
objective.
5. TRANSPARENCY AND OPENNESS IN DECISION MAKING
Members shall:
(a) conduct business and their duties in an open and transparent manner
so that stakeholders can understand the process and rationale which
has been used to reach decisions;
(b) ensure the public has input and receives notice regarding Council’s
decision making processes in accordance with the Procedure By-law;
(c) ensure compliance with the Municipal Act, Municipal Conflict of Interest
Act, and other applicable legislation regarding open meetings,
accountability and transparency.
6. ACCESS TO INFORMATION AND CONFIDENTIALITY
6.1 A Member shall:
(a) only be entitled to have access to information in the possession of the
City/Board that is relevant to matters before Council/Board or a
Committee or that is relevant to their role as Members of Council or local
Board. Otherwise, they have the same access rights to information as
any member of the public.
(b) have a continuing obligation to keep information confidential, even if the
Member ceases to be a Member.
6.2 No Member shall:
(a) obtain access, or attempt to gain access, to confidential information in
the custody or control of the City/Board except in accordance with the
Municipal Freedom of Information and Protection of Privacy Act;
(b) disclose, release or publish by any means, including social media any
confidential information acquired by virtue of his or her office, in any
form, except when required or authorized by Council or otherwise by
law to do so;
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(c) provide to any other person to disclose, release, publish any confidential
information acquired by virtue of his or her office, in any form, except
when required or authorized by Council or otherwise by law to do so;
(d) use confidential information for personal or private gain or benefit, or for
the personal or private gain or benefit of any other person or body;
(e) disclose or discuss, through written, electronic or verbal
communication, to any individual or corporate third party, any
information that has been or will be discussed at a closed session
meeting of Council, Board or a Committee until such time that
Council, the Board or a Committee has determined or has been
advised by staff that the matter, or any part of the matter, can be made
public subject to review by the head or designate under the Municipal
Freedom of Information and Protection of Privacy Act or if directed to
do so by a court.
6.3 A member shall not disclose the content of any confidential information, or the
substance of deliberations, of a closed meeting. A member has a duty to hold
any information received at closed meetings in strict confidence for as long and
as broadly as the confidence applies. All reports and supporting documents
of a closed meeting are to be deemed confidential and will be available to the
members in advance of the closed meeting, as well as during the closed
meeting.
A member shall not, either directly or indirectly, in any way divulge any such
information or any confidential aspect of the closed deliberations to anyone,
unless authorized by Council or the Board or as required by law.
There is to be no electronic recording of a closed meeting by any member.
The City Clerk or his or her designate will make an audio recording of the
Meeting to only be used by staff for the purposes of collecting the minutes of
the meeting or to be used by the Integrity Commissioner or Ombudsman’s office
when deemed necessary.
7. UNDUE USE OF INFLUENCE
No Member shall use their status to improperly influence the actions or
decisions of Staff or others to the private advantage of the Member or his or
her family, staff, friends or associates, business or otherwise.
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8. STAFF RELATIONS
8.1 A Member shall:
(a) respect staff and acknowledge that staff is required to provide objective
advice while remaining neutral, carry out directions of Council/Board as
a whole, and administer the policies of the City without undue influence
from any Member.
(b) respect the administrative structure and direct any staff
performance concerns through the appropriate supervisory staff.
8.2 No Member Shall:
(a) maliciously or falsely impugn the professional or ethical reputation of
any staff;
(b) compel staff to engage in partisan political activities, or subject staff to
threat or discrimination for refusing to engage in such activities; or
(c) use their authority or influence to threaten, intimidate, or coerce staff or
improperly interfere the lawful exercise of the duties of staff.
9. GIFTS
9.1 No Member shall accept a gift or personal benefit that is connected directly
or indirectly with the performance of their duties unless authorized by one of
the exceptions below.
9.2 Notwithstanding Section 9.1 the following exceptions are applicable:
(a) gifts received as an incident of protocol or social obligation that
normally accompany the responsibilities of elected or appointed office;
(b) gifts that are not connected directly or indirectly with the performance or
duties of office;
(c) compensation authorized by law;
(d) a reimbursement of reasonable expenses incurred and honorariums
received in the performance of activities connected with a legitimate
municipal purpose;
(e) political contributions that are otherwise offered, accepted and reported
in accordance with applicable law;
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(f) services provided without compensation by persons volunteering their
time;
(g) a suitable memento of a function honouring the Member or the City;
(h) food, lodging, transportation and entertainment provided by provincial,
regional and local governments or political sub-divisions of them, and
by the federal government or the government of a foreign country;
(i) food, beverages and/or admission fees provided by banquets,
receptions or similar events if attendance is the result of protocol or
social obligation consistent with the responsibilities of office, and the
person extending the invitation has done so infrequently and that person
or a representative of the organization is in attendance; and
(j) communications to offices of a Member including subscriptions to
newspapers and periodicals.
10. USE OF CITY PROPERTY
10.1 A Member shall:
(a) only use City property for activities relevant to their role as Members of
Council; and
(b) no member shall obtain any personal financial gain or advantage from
the use of City property.
11. POLITICAL ACTIVITY
11.1 Members may not use City resources for any type of political activity as
outlined in the “use of corporate resources and election campaign activities
policy” including promoting or opposing the candidacy of any person to elected
office in any municipal, provincial and federal campaign.
12. PARTICIPATION IN COMMUNITY GROUPS AND ORGANIZATIONS
AND THEIR EVENTS
12.1 A Member shall be entitled to:
(a) organize, establish, participate in and support community groups
and organizations and their associated events,
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(b) hold positions, including positions on governing boards, within
community groups and organizations, and be subject to the published
rules of each applicable organization;
(c) solicit donations on behalf of community groups and organizations;
(d) use their discretionary expense budget to support community groups
and organizations and their events.
(e) use staff in the executive offices, or additional staff as required in
consultation with the CAO for organizing and supporting events and
meetings connected to their role as Members of Council.
12.2 Members shall:
(a) seek Council approval for the use of their name or position and
title in the official name of any event where fundraising activities
occur;
(b) seek Council approval for the use of corporate resources beyond those
provided for in Section 11.1 in support of any event organized by the
Member where fundraising activities occur. The request shall be
reviewed by the CAO, and a report provided to Council with an
assessment of the associated costs;
(c) ensure that any funds for external or non-Member organized community
groups or organizations are not received using City staff, City email, or
other City resources;
(d) ensure that any funds, goods, or services received for community
group or charitable events are not used for any other purpose;
(e) respect the need for transparency with respect to their involvement in
community groups and organizations and their events and perform their
community service in a manner that promotes public confidence.
13. DISCRIMINATION AND HARASSMENT
13.1 Members shall treat all members of the public, one another and staff with
respect without abuse, bullying, or intimidation and ensure that the work
environment for employees is free from discrimination and harassment.
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13.2 Members shall not use indecent, abusive or insulting words, phrases or
expressions towards any member of the public, another Member or staff.
Members shall not make comments or conduct themselves in any manner that
is discriminatory to any individual based on the individual’s race, colour,
ancestry, citizenship, ethnic origin, place of origin, creed or religion, gender,
sexual orientation, marital status, family status, disability, age of record of
offences for which a pardon was not been granted.
13.3 Members shall comply with the City’s “Harassment in the Workplace Policy”.
14. ENCOURAGEMENT OF RESPECT FOR THE CITY, ITS BOARDS
AND ALL APPLICABLE BY-LAWS
14.1 No Member shall use the influence of their office for any purpose other than
for the lawful exercise of their official duties and for municipal purposes.
14.2 A member shall:
(a) encourage the public, prospective contractors and lobbyists, and their
colleagues to abide by the City’s or Board’s by-laws and policies,
including this Code; and
(b) accurately communicate the decisions of Council or the Board even if
they disagree with the majority decision of the Council/Board, and by
so doing affirm the respect and integrity in the decision-making
processes of the Council/Board.
15. SOCIAL MEDIA
15.1 A Member shall:
(a) adhere to all City policies and guidelines, regarding social media use;
and
(b) always identify themselves without any attempt to cover, disguise or
mislead as to their identity or status as an elected representative of the
City when using social media.
15.2 No Member shall:
(a) use social media to publish anything, or allow anything to be published
on their social media sites, that is dishonest, untrue, offensive,
disrespectful, constitutes harassment, is defamatory or misleading in
any way.
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16. ROLE OF THE INTEGRITY COMMISSIONER
16.1 The City shall appoint an Integrity Commissioner under Section 223.3 of the
Municipal Act, 2001 who is an independent officer and who will report directly
to Council and be responsible for carrying out his or her functions in
accordance with the Municipal Act, 2001 and any other functions assigned by
Council, in an independent manner with respect to the following:
(a) The application of the code of conduct for members of council and the
code of conduct for members of local boards;
(b) The application of any procedures, rules and policies of the municipality
and local boards governing the ethical behavior of members of council
and of local boards;
(c) The application of sections 5, 5.1 and 5.2 of the Municipal Conflict of
Interest Act to members of council and of local boards;
(d) Requests from members of council and of local boards for advice
respecting their obligations under the code of conduct applicable to the
member;
(e) Requests from members of Council and of local boards for advice respecting
their obligations under a procedure, rule or policy of the municipality or of the
local board, as the case may be, governing the ethical behavior of members;
(f) Requests from members of council and of local boards for advice respecting their
obligations under the Municipal Conflict of Interest Act; and;
(g) The provision of educational information to members of council, members of
local boards, the municipality and the public about the municipality’s codes of
conduct for members of council and members of local boards and about the
Municipal Conflict of Interest Act. 2017, c. 10, Sched. 1, s. 19 (1).
17. COMPLAINT PROCESS
Although not a pre-condition or pre-requisite of filing a formal complaint, any
identifiable resident of the City of Niagara Falls, who believes that a member has
contravened the Code of Conduct may wish to address the alleged conduct and
behavior themselves through an informal complaint procedure as follows:
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13
Advise the Member of the behavior or activity that contravenes the Code
Encourage the Member to acknowledge and agree to stop the prohibited
behavior or activity.
If desired by both parties, request the assistance of the Integrity Commissioner
to facilitate an informal discussion with the Member to help resolve the issue.
Further mediation methods offered by the Integrity Commissioner
If applicable, confirm in writing to the Member that the response and agreement
is satisfactory or advise the Member that his or her response is unsatisfactory.
If the matter is still unsatisfactory, and if both parties agree, individuals are
strongly encouraged to participate in any informal process whereby the
Integrity Commissioner may act as a mediator regarding the issues relating to a
complaint. This informal complaint procedure is not a precondition or a
prerequisite to pursuing the formal complaint procedure as laid out in this code.
Where a satisfactory agreement still can’t be reached, pursue a formal
complaint under the procedures outlined in section 17.1 of this Code or
consider pursuing the matter with another applicable judicial or quasi-judicial
process or complaint procedure.
17.1 A complaint that a member has contravened the Code may be initiated by
any resident of the City of Niagara Fals, any Member of Council, or by
Council as follows:
(a) a complaint along with the prescribed fee in the amount of $500 shall
be made in the form attached as Appendix A and may be sent directly
to the Integrity Commissioner by mail, e-mail, fax or courier or they
may be filed in person at the Clerks Office within City Hall;
(b) a complaint shall be made in writing and must be signed and dated by
the complainant who shall be an identifiable individual (complaints may
not be submitted by any group, organization or corporation);
(c) the alleged Code of Conduct violation shall have taken place within six
(6) weeks of filing the complaint with the Integrity Commissioner or the
alleged Municipal Conflict of Interest violation shall have taken place
within six (6) weeks of the complainant becoming aware of the violation;
(d) a complaint shall include:
(i) an explanation, with specific reference to sections of the Code, as
to why the issue raised is alleged to be a contravention of the
Code;
(ii) any evidence in support of the allegation;
(iii) any witnesses in support of the allegation must be identified; and
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14
(iv) personal and verifiable contact information including the resident’s
current City address, phone number and email address, verified
by provision of government issued identification. (example, driver’s
licence).
(e) In the event that the Integrity Commissioner determines that a
complaint contains insufficient grounds to support an investigation, the Integrity
Commissioner may reach out to the complainant to clarify or obtain additional
information before deciding how to proceed. If the Integrity Commissioner
determines that a complaint still contains insufficient grounds to support an
investigation, or is frivolous / vexatious, the Integrity Commission, using his or
her discretion, may determine that the complainant forfeit the filing fee.
Otherwise, 50% of the fee shall be refunded.
17.2 The Integrity Commissioner shall undertake an initial review of a complaint that
has been filed and shall determine whether the matter relates to non-
compliance with the Code or other corporate policy applying to Members. The
Integrity Commissioner shall have no power or jurisdiction to investigate or
otherwise deal with the complaint, if the complaint is not alleging a
contravention of the Code or other corporate policy applying to Members or if
the complaint relates to the following matters:
(i) Criminal Matter – if the complaint relates to an allegation of a
criminal nature consistent with the Criminal Code, the complainant
shall be advised that pursuit of such an allegation must be made
through the appropriate police service;
(ii) Municipal Freedom of Information and Protection of Privacy –
if the complaint relates to a matter under the Municipal Freedom
of Information and Protection of Privacy Act, the complainant shall
be referred to the Clerk or the Executive Director or Secretary of
any local board, if applicable; and
(iii) Municipal Elections Act – if the complaint relates to the
enforcement of the Municipal Elections Act, the complainant shall
be referred to the Compliance Audit Process if the matter relates
to campaign finances or to such other avenues of investigation as
dictated by that Act.
17.3 If the Integrity Commissioner determines they do not have jurisdiction as
described in Section 17.2 the Integrity Commissioner shall advise the
complainant in writing accordingly.
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17.4 The Integrity Commissioner may dispose of a complaint on the basis that it is
not within the jurisdiction of the Integrity Commissioner in a summary manner
and may report same to Council or the local board. The Integrity Commissioner
may also seek further information or clarification from the complainant and
shall endeavor to apprise the complainant of subsequent steps and the
processing of the complaint and any ensuing investigation.
17.5 If the Integrity Commissioner is of the opinion that a complaint is frivolous or
vexatious or is not made in good faith, or that there are no grounds or
insufficient grounds for conducting an investigation, the Integrity Commissioner
may choose not to investigate or, if already commenced, may terminate any
investigation, or may dispose of the complaint in a summary manner. The
Integrity Commissioner shall advise the complainant in writing of his or her
decision and reasons for not undertaking an investigation or terminating it.
17.6 If the Integrity Commissioner has decided to commence an investigation of a
complaint (except where otherwise required by the Public Inquiries Act, 2009,
if applicable), the Integrity Commissioner shall provide a copy of the complaint
and supporting evidence to the Member whose conduct is in question with a
request for a written response to be provided within ten (10) days. The Integrity
Commissioner may provide the response from the Member to the complainant
with a request for a written reply within ten (10) days.
17.7 The Integrity Commissioner shall review the written responses and may, if
necessary discuss the matter with anyone that the Integrity Commissioner
considers is relevant to the complaint. The Integrity Commissioner may access
and examine any of the information described in subsections 223.4(3) and (4)
of the Municipal Act, 2001 and may access any workplace relevant to the
complaint, including any documents or records under the custody or control of
the City or local board.
17.8 Before finalizing a report to Council which recommends sanctions, the Integrity
Commissioner shall provide the Member with the basis for their findings and
any sanctions that may be recommended. The Member shall have the
opportunity to comment either in writing, verbally or in person to the Integrity
Commissioner on the proposed findings and sanctions.
17.9 Upon conclusion of a complaint investigation, the Integrity Commissioner shall:
(a) issue a report to Council on the findings of the investigation and, where
there has been a contravention of the Code, the report shall contain the
detailed findings, any recommended sanctions, or any settlement; and
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16
(b) provide a copy of the final report to the Member at the same time as the
final report is made available to the Clerk and to the complainant at the
same time as the report becomes public.
17.10 The Integrity Commissioner’s report on a complaint shall be placed on an
agenda for consideration at a public meeting of the Committee of the Whole or
Council, in accordance with the Procedure By-law, as determined by the Clerk
in consultation with the Integrity Commissioner.
17.11 The Integrity Commissioner shall preserve confidentiality where appropriate
and not disclose or confirm the name of a Complainant to the affected member
of Council unless such information is relevant or necessary for the fulfillment
of responsibilities of the Integrity Commissioner or such information is
otherwise known or available to the Member or City Council.
17.12 No investigation shall be commenced or continued, nor shall the Integrity
Commissioner report to Council respecting an investigation, within an election
period and on/after election nomination day in the year of a municipal election.
For example, in 2022 the election period would be from August 19, 2022
through to and including October 25, 2022, the date the election results are
certified.
18. PENALTIES
18.1 Upon receipt of a final report and the recommendations of the Integrity
Commissioner, Council may, where the Integrity Commissioner has
determined there was a violation of the Code, impose either of the following
two (2) penalties, as per the Municipal Act:
(a) a reprimand; or
(b) suspension of remuneration paid to the Member in respect of his or
her services as a Member for up to ninety (90) days.
18.2 Council also has the authority to remove any Member from any appointed
Boards, Committees or Commissions.
19. INTERPRETATION
19.1 This code shall be interpreted as follows:
(a) the headings in the Code form no part of the Code but shall be deemed
to be inserted for convenience of reference only;
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(b) all changes in number and gender shall be construed as may be
required by the context;
(c) the reference to any City official shall be deemed to include the City
official who performs the duties of such referenced person from time to
time, including their delegates;
(d) the reference to Integrity Commissioner shall be deemed to include any
person who has been delegated powers and duties by the Integrity
Commissioner in accordance with subsection 223.3(3) of the
Municipal Act, 2001;
(e) the reference to a statute or regulation, except as may be otherwise
provided, shall be deemed to include such statute or regulation as may
be amended or re-enacted from time to time or its successor legislation,
and, in each case, the regulations made from time to time pursuant
thereto;
(f) the reference to a by-law, resolution, policy or guideline made, enacted,
established or adopted by the City, including the Code, except as may
be otherwise provided, shall be deemed to include such by-law,
resolution, policy or guideline as may be amended or re-enacted from
time to time or its successor by-law resolution policy or guideline made,
enact, established or adopted from time to time; and
(g) if a court of competent jurisdiction should declare any section or part of
a section of this Code to be invalid, such section or part of a section
shall not be construed as having persuaded or influenced Council to
pass the remainder of this Code and it is hereby declared that the
remainder of this Code shall be valid and remain in force.
20. ATTESTATION
Upon the adoption of this Code of Conduct and thereafter at the beginning of
each term, Members of Council will be expected to sign two copies of the Code
of Conduct (one for themselves and one for the Clerk’s Office) to convey to
each other and all stakeholders that they have read, understood and accept it.
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Code of Conduct for Members of Niagara Falls City Council
AND
The Municipal Conflict of Interest Act
ACKNOWLEDGEMENT AND COMPLIANCE CERTIFICATE
I hereby acknowledge that I have read and understand the City’s Code of Conduct for
Members of Council (the “Code”) and the provisions of the Municipal Conflict of Interest
Act (the “MCIA”) both of which impose obligations on me in my role as a member of
Council for the City of Niagara Falls.
I further understand that if I have any question about what my obligations or
responsibilities are under the Code or the MCIA, I can seek advice in that respect from
the City’s Integrity Commissioner.
I confirm that I will exert every effort to comply with the ethical standards, responsibilities
and obligations of a member of Council set forth in the Code and the MCIA during my
term of office.
Signature Date
_______________________________
Printed Name
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THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2024 - 123
A by-law to amend By-law No. 89-2000, being a
by-law to regulate parking and traffic on City
Roads. (Parking Prohibited, Stop Signs at
Intersections).
---------------------------------------------------------------
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 item:
PARKING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
C COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Westwood St. South Kalar Rd. and Lynhurst Dr. At All Times
Sinnicks Ave. Both Thorold Stone Rd. and Orlando At All Times
Dr.
Page 344 of 357
b) by adding to the specified columns of Schedule C thereto the following items:
PARKING PROHIBITED
COLUMN 1
HIGHWAY
COLUMN 2
SIDE
C COLUMN 3
BETWEEN
COLUMN 4
TIMES/DAYS
Sinnicks Avenue East A point 22 metres north of Thorold At All Times
Stone Road and a point 15 metres Except By Permit
South of Orlando Drive
Sinnicks Avenue East Thorold Stone Road and a point At All Times 22 metres north of Thorold Stone Road
Sinnicks Avenue East Orlando Drive and a point At All Times
15 metres south of Orlando Drive
Sinnicks Avenue West Thorold Stone Road and At All Times
Orlando Drive
c) by adding to the specified columns of Schedule P thereto the following items:
STOP SIGNS AT INTERSECTIONS
COLUMN 1
INTERSECTION
COLUMN 2
FACING TRAFFIC
C
Crawford Street at St. James Avenue Eastbound on Crawford Street
Crawford Street at St. James Avenue Westbound on Crawford Street
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 10th day of December 2024.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 345 of 357
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2024 - 124
A by-law to amend By-law No. 89-2000, being a
by-law to regulate parking and traffic on City
Roads. (Speed Limits on Highways - 60 km/h, Speed
Limit on Highways - 70 km/h, Speed Limit on
Highways - 80 km/h).
---------------------------------------------------------------
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. By-law No.89-2000, as amended, is hereby further amended:
a) by removing from the specified columns of Schedule W2-60 thereto the following items:
SPEED LIMITS ON HIGHWAYS (PART 2 – 60 KM/H)
COLUMN 1
HIGHWAY
COLUMN 2
BETWEEN
COLUMN 3
MAXIMUM SPEED KM/H
Beechwood Rd.
A point 500 m north of Beaverdams Rd. and
Uppers Lane
60
Page 346 of 357
b) by adding to the specified columns of Schedule W2-60 thereto the following items:
SPEED LIMITS ON HIGHWAYS (PART 2 – 60 KM/H)
COLUMN 1
HIGHWAY
COLUMN 2
BETWEEN
COLUMN 3
MAXIMUM SPEED KM/H
Baker Road
Marshall Road
Ort Road
Reixinger Road
Willoughby Drive and East City Limit
Ort Road (South Intersection) and Sodom Road
Marshall Road (South Intersection) and a point 245
metres north of Willick Road
Ort Road to Stanley Ave. (west intersection)
60
60
60
60
c) by removing from the specified columns of Schedule W3-70 thereto the following items:
SPEED LIMITS ON HIGHWAYS (PART 3 – 70 KM/H)
COLUMN 1
HIGHWAY
COLUMN 2
BETWEEN
COLUMN 3
MAXIMUM SPEED KM/H
Baker Rd.
Marshall Rd.
Ort Rd.
Reixinger Rd.
King Rd. and the East City Limit
Niagara River Pkwy. and Ort Rd (South Intersection)
Marshall Rd. (south intersection) and a point 245 m
north of Willick Rd.
Ort Rd. and Stanley Ave. (west intersection)
70
70
70
70
d) by adding to the specified columns of Schedule W3-70 thereto the following items:
SPEED LIMITS ON HIGHWAYS (PART 3 – 70 KM/H)
COLUMN 1 HIGHWAY COLUMN 2 BETWEEN COLUMN 3 MAXIMUM SPEED KM/H
Baker Road
Beechwood Road
Marshall Road
Marshall Road
King Road and Willoughby Drive
Taylor Road and McLeod Road
Niagara River Parkway and Sodom Road
Ort Road and Limit (east of QEW)
70
70
70
70
Page 347 of 357
e) by removing from the specified columns of Schedule W4-80 thereto the following items:
SPEED LIMITS ON HIGHWAYS (PART 4 – 80 KM/H)
COLUMN 1
HIGHWAY
COLUMN 2
BETWEEN
COLUMN 3
MAXIMUM SPEED KM/H
Beechwood Rd.
McLeod Rd. and Upper’s Lane
80
Beechwood Rd.
A point 500 m north of Beaverdams Rd. and Mountain Rd.
80
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 10th day of December 2024.
............................................................... ...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
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CITY OF NIAGARA FALLS
By-law No. 2024-125
A by-law to amend By-law No. 2007-41, being a by-law to regulate the maintaining of land
in a clean and clear condition within the City of Niagara Falls to introduce new regulatory
provisions.
WHEREAS pursuant to Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended (“Municipal Act”), The Corporation of the City of Niagara Falls has the capacity,
rights, powers and privileges of a natural purpose for the purposes of exercising its
authority;
AND WHEREAS pursuant to Section 128 of the Municipal Act, The Corporation of the
City of Niagara Falls 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 WHEREAS By-law No. 2007-41, was passed by the Council of The Corporation of
the City of Niagara Falls on March 5, 2007, to regulate the maintaining of land in a clean
and clear condition within the City of Niagara Falls;
AND WHEREAS on July 16, 2024, By-law No. 2024-069 was passed, amending By-law
No. 2007-41 to include all forms of grass and noxious and local weeds;
AND WHEREAS on December 10, 2024, the Council of The Corporation of the City of
Niagara Falls approved the recommendations set out in Council Report MW-2024-45 to
further amend By-law No. 2007-41, to include additional provisions regarding the
maintaining of boulevards within the City of Niagara Falls;
AND WHEREAS it is deemed desirable to further amend By-law No. 2007-41
accordingly.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. That By-law No. 2007-41, as amended, be and the same is hereby further
amended by adding to Section 1 the following:
“abutting boulevard” means any portion of a boulevard that is abutting or
contiguous to land;
“boulevard” means the portion of the public highway between the travelled
road and the street line which is not intended for vehicular travel by the
general public, and includes any landscaped areas and those areas
separated from land by any barrier, including by sidewalk and fences;
“street line” means the boundary dividing the public highway from land;
2. That By-law No. 2007-41, as amended, be and the same is hereby further
amended by deleting Section 8 and replacing it with the following:
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8. (1) Every owner, lessee or occupant of land shall cut and remove all grasses
and weeds found on the land exceeding 20 cm in height.
8. (2) Every owner, lessee or occupant of land shall cut and remove from the
abutting boulevard all grasses and weeds exceeding 20 cm in height.
(a) The owner of land may request an exemption from the requirements of
Section 8.2 herein, and an exemption may be granted where the
General Manager of Municipal Works / City Engineer, or his or her
designate, in his or her sole discretion, deems that the owner of land
cannot maintain the abutting boulevard due to steep grades, walls or
other constraints or conditions.
3. That By-law No. 2007-41, as amended, be and the same is hereby further
amended by deleting Section 9.(1)(h) and replacing it with the following:
9. (1)(h) to cut the grass and weeds on his land, boulevard, and abutting boulevard
to a length of 20 cm or less within seventy-two hours.
4. All other applicable provisions and regulations set out in By-law No. 2007-41, as
amended, shall remain the same and continue to apply, with all necessary
changes in detail.
Read a First, Second and Third time; passed, signed, and sealed in open Council
this 10th day of December 2024.
....................................................................... .....................................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Https://niagarafalls-my.sharepoint.com/personal/enickel_niagarafalls_ca/Documents/Desktop/Temp/By-law No. 2024 - XXX Amendment to Maintenance of Land Bylaw.docx
Page 350 of 357
CITY OF NIAGARA FALLS
By-law No. 2024-126
An interim control by-law to prohibit the creation of a new settlement area or amend the
existing settlement area within the City of Niagara Falls under Section 38 of the Planning
Act, R.S.O. 1990, c. P. 13, as amended (PBD-2024-53).
WHEREAS Section 38 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, authorizes
the Council of a municipality to pass an interim control by-law where the Council has
directed by by-law or resolution, that a review or study be undertaken in respect of land
use planning policies in the municipality, or in any defined area or areas thereof.
AND WHEREAS The Council of the Corporation of the City of Niagara Falls on December
10, 2024 directed staff to implement an interim control by-law to restrict any new
settlement areas and settlement area boundary expansions for a period of one year or
until the new Official Plan policies are in effect, whichever is less.
AND WHEREAS The Council of the Corporation of the City of Niagara Falls on December
10, 2024 directed staff to undertake necessary policy and related study work to determine
the best approach in addressing privately initiated settlement area boundary expansion
applications.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. Notwithstanding any other by-law to the contrary, no person shall be permitted to
create a new settlement area within the City of Niagara Falls or amend the existing
settlement area boundary identified on Schedule “A” attached hereto.
2. This by-law shall come into full force and effect on the day of its passing and shall
be in effect for a period of one (1) year from the date of passage of this by-law, or
until such time that the new Niagara Falls Official Plan is in force and effect, unless
this by-law is otherwise extended by Council in accordance with the provision of
the Planning Act, R.S.O., 1990, c.P.13, as amended.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 10th day of December, 2024
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 351 of 357
Niagara/faJis
I I Existing Settlement Area Boundary
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Path: K:\GIS_Requests\2024\Custom\Planning\ICB\ICBL.aprx, Schedule A Date: 12/3/2024
Schedule A - Existing Settlement Area Boundary
Subject to Interim Control By-law
Page 352 of 357
CITY OF NIAGARA FALLS
By-law No. 2024 - 127
A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees,
agents and third parties for the enforcement of provincial or municipal by-laws.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1 . By-law No. 2002-081 is amended by deleting Schedules “A” and “B”, and that
Schedules “A” and “B”, attached hereto shall be inserted in lieu thereof.
Read a first, second, third time and passed.
Signed and sealed in open Council on this 10th day of December, 2024.
............................................................... ...........................................................
WILLIAM MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 353 of 357
SCHEDULE “A”
1. Chief Building Official:
Luciano Chieca
2. Deputy Chief Building Official:
Frank Peter
3. Inspectors:
Jehad Ochana
Fred Sacco
Sandro Elia
Effat Effat
Jesse Mancino
Cesar Ramires
Frank Genovese
Kathy Repergel
Louie Baldinelli
Chan Chen
Kelvin Jacobi
Tamer Mikhail
Nicholas Andres
Doug Evans
Tiago Silva
Jamie Cerminara
4. Fire Chief:
Jo Zambito
5. Deputy Fire Chief:
Ken Henry
Scott Lawson
6. Fire Prevention Officers:
Ben Trendle
Frank Devereaux
Kellie Kubik
Doug Collee
Meghan Edgar
Karen Borne
Robert Kirk
A.J. Lunn
Page 354 of 357
SCHEDULE “B”
1. Municipal By-law Enforcement Officers:
Salman Alihbhai
Paul Brown
Hope Ciszek
Jonathan Cook
Mike Formica
John Grubich
Lee Halliday
John Hiltz
Eric Marr
Jana Mills
Philip Rudachuk
Bart Skiba
Brian Sparks
Gerald Spencer
Heather Stones
Patrick Vernon
Deryck Burke
Page 355 of 357
CITY OF NIAGARA FALLS
By-law No. 2024 - 128
A by-law to appoint Councillor Victor Pietrangelo as Acting Mayor.
WHEREAS Section 242 of the Municipal Act, 2001 provides that a municipality may by
by-law or resolution appoint a member of the Council to act in the place of the head of
Council when the head of Council is absent or refuses to act or the office is vacant and
while so acting such member has all the power and duties of the head of Council; and
WHEREAS the office of Mayor of the City of Niagara Falls may be vacant as a result of
James M. Diodati being absent from time to time; and
WHEREAS the said Council deems it desirable to appoint an Acting Mayor in the absence
of James M. Diodati.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. Councillor Victor Pietrangelo is hereby appointed Acting Mayor when necessary.
2. Upon James M. Diodati’s return, he shall resume his appointment as Mayor,
together with all powers and duties associated with that office.
Read a First, Second and Third time; Passed, signed and sealed in open Council
this tenth day of December, 2024.
............................................................. .............................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 356 of 357
CITY OF NIAGARA FALLS
By-law No. 2024 - 129
A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on
the 10th day of December, 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 10th day of December 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 10th day of December, 2024.
........................................................ ……...........................................................
WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR
Page 357 of 357