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HomeMy WebLinkAbout05-06-2025 AGENDA City Council Meeting 2:00 PM - Tuesday, May 27, 2025 Council Chambers/Zoom App. Page 1. CALL TO ORDER 2. IN CAMERA SESSION OF COUNCIL 2.1. In-Camera Resolution (added) May 27, 2025 - Resolution to go In-Camera 14 2.2. In-Camera Resolution - In-Camera Education Session - Monday, July 7, 2025 (added) Special meeting July 7 Resolution to go In-Camera 15 3. CALL TO ORDER - COUNCIL MEETING RECONVENING O Canada: AN Myer Music Group (Recording) Land Acknowledgement and Traditional Indigenous Meeting Opening 4. ADOPTION OF MINUTES 4.1. Council Minutes of May 6, 2025 City Council - 06 May 2025 - Minutes - Pdf 16 - 36 5. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 6. MAYOR'S REPORTS, ANNOUNCEMENTS 7. DEPUTATIONS / PRESENTATIONS / DELEGATIONS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 7.1. Civic Recognition - Kristian Jamieson - Champion of the Niagara Ultra Marathon Kristian Jamieson ran 42 kilometres and won the Niagara Ultra marathon with the fastest time in a decade and this amazing feat Page 1 of 547 qualified him for two of the world's most coveted races: the Boston and Chicago Marathons. 7.2. National Accessibility Week Chair of the Mayor's Accessibility Advisory Committee, Bob Romanuk, will be present to provide Council with a brief update on some of the Accessibility Committee's activity during the last year. 7.3. Seniors Advisory Committee The Seniors Advisory Committee to provide a presentation to Council to include a review of the Seniors month activities the committee is helping to organize through the Month of June. Otto Penner, Senior Advisory Chair , will be providing a high-level presentation of the committee’s achievements over the past year. Eileen Tinio-Hind will be speaking about events during June for Seniors month. Senior of the Year Award - Recognition of Karen Fraser The Seniors Advisory Committee (SAC) accepted nominations for the 2025 Ontario Senior of the Year Award. The City of Niagara Falls encourages residents to submit nominations for the 2025 Ontario Senior of the Year Award. This award allows each municipality to honour one outstanding local resident - aged 65 or older and living in Niagara Falls for their contributions to enriching our community's social, cultural, and civic life. The SAC committee voted for Karen Fraser who is a member of the Senior Advisory Committee. 7.4. RCF-2025-07 - Report and Presentation Allister Young Arts & Culture Endowment Fund 2025 Recipient Co-Chairs, Debra Attenborough and Laurie Moffat will be in attendance to present the award. It is recommended: THAT Council ACKNOWLEDGE Ashley Marazzo as the 2025 Allister Young Arts & Culture Endowment Fund recipient. RCF-2025-07 - Pdf 37 - 46 7.5. Petition regarding a Noise Complaint Resident Terri-Lynn Pirie would like to address Council regarding a petition that she has gathered over noise complaints in her neighborhood past 11:00pm. 47 - 50 Page 2 of 547 Petition Email from Terri-Lynn Pirie 7.6. Delegation Request Regarding Potential Retroactive CIP Application Location: 7874 Blackburn Parkway Applicant: John LaPenna (1769806 Ontario Inc.) John LaPenna is requesting the opportunity to address Council regarding his application under the Gateway CIP Program. 8. PLANNING MATTERS 8.1. PBD-2025-33 - Public Meeting - (Additional Comments from residents added) AM-2024-037, Official Plan and Zoning By-law Amendment Application Vacant Parcel adjacent to 2220 Stanley Avenue Part Township Lot 18, Stamford, Parts 3 & 4, Plan 59R-18159; City of Niagara Falls Proposal: To increase the density permitted and rezone the subject lands to permit the development of 28 stacked townhouse dwelling units. Applicant: Growth Social House Inc. (Chris Adams) Agent: Ethan Laman (Upper Canada Consultants) Nick DeBenedetti, Planner 2, will provide an overview of Report PBD-2025-33. PBD-2025-33 - Pdf Presentation - (Staff) - AM-2024-037 - Vacant lot next to 2220 Stanley Avenue - Public Meeting AM-2024-037_Comments from resident (redacted) AM-2024-037_PublicCommentsEmail_redacted AM-2024-037_PublicCommentsEmail3+4_redacted 51 - 100 8.2. PBD-2025-32 - Public Meeting AM-2024-028, Official Plan and Zoning By-law Amendment Applications 8055-8065 McLeod Road Part Township Lot 170, Stamford, Part 1, 59R-7560; s/t RO604109; City of Niagara Falls 101 - 157 Page 3 of 547 Proposal: To increase the permitted height allowed for a 10 storey (112 unit) apartment building in the Official Plan, rezone the subject lands to a Residential Apartment 5F Density (R5F) and Environmental Protection Area (EPA) Zones with site specific provisions Applicant: Niagara Falls Non-Profit Housing Agent: Agent: Max Fedchyshak (NPG Planning Solutions) Nick DeBenedetti, Planner 2, will provide an overview of Report PBD-2025-32. PBD-2025-32 - Pdf Presentation - (Staff) - AM-2024-028 - 8055 McLeod - Public Meeting Presentation - (Agent) - 8055 McLeod Road Public Meeting Presentation Slides 8.3. PBD-2025-31 (Report updated) AM-2025-004 Zoning By-law Amendment Application 6645,6655 and 6665 McLeod Road Proposal: 42 Stacked Townhouse Dwellings Applicant: Alexandre Araujo (McLeod Development Inc) Agent: Licheng Lim (NPG Planning Solutions) Chris Roome, Planner 2, to provide an overview of Report PBD- 2025-31. PBD-2025-31 - Pdf Presentation (Staff) AM-2025-004 - Staff's Presentation - REVISED Presentation - (Applicant) - 6645-6665 McLeod Road PM 158 - 202 9. REPORTS 9.1. CAO-2025-07 Revision of Municipal Accommodation Tax Bylaw CAO-2025-07 - Pdf 203 - 215 9.2. CS-2025-26 2023 Budget to Actual Variance (unaudited) - Tax Levy Supported Fund 216 - 303 Page 4 of 547 CS-2025-01 (Finance) Staff Proposed 2025 Tax Levy Supported Budget - Variance Analysis - Pdf 9.3. MW-2025-14 M.F. Ker Park Pickleball Court Facility- Project Update MW-2025-14 - Pdf 304 - 306 9.4. PBD-2025-34 New Community Improvement Plan Project Initiation Report and Existing CIP Incentive Program Extensions PBD-2025-34 - Pdf 307 - 347 9.5. PBD-2025-35 Quarter 1 Housing and Growth Monitoring Report PBD-2025-35 - Pdf 348 - 365 9.6. PBD-2025-36 (Report added) Commercial Parking Lot By-law Amendment PBD-2025-036 - Pdf 366 - 378 9.7. CLK-2025-32 (Report added) Voting Methods for the 2026 Municipal Elections CS-2025-32 - Pdf 379 - 384 9.8. RCF-2025-08 (Report added) Proposal to Introduce a Pet Cemetery Section RCF-2025-08 - Pdf 385 - 387 9.9. PBD-2025-37 (Report added) Niagara Falls Animal Care and Control By-law PBD-2025-037 - Pdf 388 - 396 9.10. CS-2025-33 (Report added) Licence Appeal Committee Terms of Reference 397 - 400 Page 5 of 547 CS-2025-33 - Pdf 10. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. RECOMMENDATION: THAT Council APPROVE Item #10.1. 10.1. CS-2025-29 2024 Water/Wastewater Fund Budget to Actual Variance (Unaudited) CS-2025-29 (Finance) 2024 Water/Wastewater Fund Budget to Actual Variance (Unaudited) - Pdf 401 - 411 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Communications section of the agenda is a set of items listed as correspondence to Council that could be approved in one motion of Council. If Staff feel that more than one recommendation is required, the listed communications items will be grouped accordingly. The single motion per recommendation, if required, will save time. Prior to any motion being taken, a Councillor may request that one or more of the items be lifted for discussion and considered separately. RECOMMENDATION: THAT Council approve/support Item #11.1 through to and including Item #11.5. 11.1. Flag Raising Request - Azerbaijan Independence Day Attached is a request to organize a flag-raising ceremony on Wednesday, May 28, 2025 to recognize "Azerbaijan Independence Day." Recommendation: THAT Council APPROVE a flag-raising ceremony on Wednesday, May 28, 2025 to recognize "Azerbaijan Independence Day." 412 - 413 Page 6 of 547 Flag Raising Request - Azerbaijan Independence Day 11.2. Special Occasion Permit Request - Nikola Tesla Day Festival Organizers of the Nikola Tesla Day Festival are looking to Council for a letter of Municipal Significance for the Nikola Tesla Festival (Tesla Fest) 2025 taking place on Saturday, July 12, 2025 at Oakes Garden Theatre, 5825 River Road, Niagara Falls. With Council declaring the event as "municipally significant," this will assist the organizers with obtaining a Special Occasion permit from the AGCO. Recommendation: THAT Council DECLARE the Nikola Tesla Festival (Tesla Fest) 2025 taking place on Saturday, July 12, 2025 at Oakes Garden Theatre as an event of "municipal significance" in the City of Niagara Falls in order to assist with a Special Occasion permit from the AGCO. Special Occasion Permit Request - Nikola Tesla Day Festival - 2025 414 11.3. Special Occasion Permit and Noise By-law Exemption - Niagara Falls Ribfest Organizers of the event are looking to Council for a letter of Municipal Significance for the Niagara Falls Ribfest taking place on Friday, June 13, 2025 to Sunday, June 15, 2025 at the Fallsview Event Grounds at 6727 Stanley Avenue, Niagara Falls. With Council declaring the event as "municipally significant," this will assist the organizers with obtaining a Special Occasion permit from the AGCO. Additionally, the organizers of the event are looking for Council to approve an exemption to the City's Noise By-law to allow for the playing of amplified sound until 10:00 PM on Saturday, June 14, 2025. Recommendation: THAT Council DECLARE the Niagara Falls Ribfest as an event that is "municipally significant," to assist the organizers with obtaining a Special Occasion permit from the AGCO; AND THAT Council APPROVE an exemption to the City's Noise By-law to allow for the playing of amplified sound until 10:00 PM on Saturday, June 14, 2025. Application for Municipal Significance - Niagara Falls Ribfest Noise By-law Exemption Request - Niagara Falls Ribfest 415 - 417 11.4. Flag Raising Request - Christian Heritage Month 418 Page 7 of 547 Attached is a request for Council to declare the month of December 2025 as "Christian Heritage Month." Recommendation: THAT Council DECLARE the month of December 2025 as "Christian Heritage Month." Flag Raising Request - Christian Heritage Month - December 2025 11.5. Noise By-law Exemption - Outdoor private event - July 2025 Attached is a request for a Noise By-law Exemption for an upcoming private outdoor event, to be held on Sunday, July 20, 2025 at 3663 Wilshire Boulevard in Niagara Falls, to allow for the playing of amplified music until 11:00 PM. Recommendation: THAT Council APPROVE a Noise By-law Exemption for an upcoming private outdoor event, to be held on Sunday, July 20, 2025 at 3663 Wilshire Boulevard in Niagara Falls, to allow for the playing of amplified music until 11:00 PM. Noise By-law Exemption Request - outdoor private event - July 20, 2025 419 - 420 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive for information Item #12.1 through to and including Item #12.4. 12.1. Correspondence from the Niagara Region Attached is correspondence sent from the Niagara Region for information. 1) A resolution passed by the Town of Niagara-on-the-Lake’s Council, at its Council Meeting held on April 29, 2025, regarding the Niagara’s International Agricultural Workers (IAW). 2) Niagara Region Report - PDS 8-2025 - Development Applications Monitoring Report – 2024 Year End Recommendation: THAT Council RECEIVE for information. Ltr to Niagara Region - Niagara’s International Agricultural Workers (IAW) CLK-C 2025-040 PDS 8-2025 - Development Applications Monitoring Report – 2024 Year End 421 - 447 Page 8 of 547 12.2. Correspondence from Marvin Rotrand Attached is information sent from Marvin Rotrand, Director General, United Against Hate Canada. Recommendation: THAT Council RECEIVE for Information. Update - Legislation to Control Hateful Rallies at Religious Institutions ... - Message from Mr. Rotrand - 2025-05-20 - photo MR Fraser, Sean (Hon.) - Minister of Justice - Gov. of Canada - let 2025-05-15 re Bubble Legislation - photo MR (1) 448 - 452 12.3. Memo - Niagara Falls Hydro Holding Corporation Updates Attached is a memo and financial statements pertaining to the Niagara Falls Hydro Holding Corporation, providing Council an update. Recommendation: THAT Council RECEIVE for Information. 5.27.25 - Niagara Falls Hydro Holding Corporation Updates 2023-12-31 NFHH Cons FS 453 - 493 12.4. Memo to Council: Supplemental Information Regarding By- law No. 2025-069 Attached is a memo from our Planning Department providing information pertaining to By-law 2025-069 - Location: 9304 McLeod Road & 0 Beechwood Road (PID 1337). Recommendation: THAT Council RECEIVE for information. Memo to Council - By-law No. 2025-069 494 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 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. Page 9 of 547 14.1. NOTICE OF MOTION - Parking pass - Chippawa Boat Launch Attached is a a request for a Notice of Motion from Councillor Mike Strange regarding the resident's convenience parking pass to include the Chippawa Boat Ramp. Notice of Motion - Parking Pass - Chippawa Boat Launch 495 14.2. Notice of Motion – Lines on Roads Attached is a a request for a Notice of Motion from Jim Diodati regarding lines on roads. Notice of Motion – Lines on Roads 05 26- from Mayor Diodati 496 14.3. Notice of Motion - Bubble Zones Attached is a notice of motion from Councillor Ruth-Ann Nieuwesteeg requesting a staff report to review a Bubble Zone Bylaw that would prohibit protests around faith based and cultural institutions and city-owned facilities and property. Notice of Motion - Councillor Nieuwesteeg - Bubble Zones 497 15. MOTIONS FOR CONSIDERATION 15.1. MOTION - Community Meeting Attached is a Motion from Councillor Lori Lococo regarding a Community Meeting. Regional Councillor Joyce Morocco has requested to speak to this matter. Motion - COMMUNITY MEETING (updated) 498 15.2. MOTION -Trailer By-law Attached is a Motion from Councillor Lori Lococo regarding a trailer by-law. Motion - TRAILER BY LAW 499 15.3. MOTION - Specialized Transit Attached is a Motion from Councillor Lori Lococo regarding Specialized Transit. Motion - Specialized Transit 500 15.4. MOTION - Have Planning Staff Expand the Circulation Area for Planning Public Notices Page 10 of 547 The following Motion was presented by Councillor Lori Lococo during Council meeting of May 6, 2025. Motion - THAT Planning Staff Expand the Circulation Area for Planning Public Notices. 15.5. MOTION: Request for Standard Reporting Timeline Options Attached is a Motion from Councillor Mona Patel regarding a request for standard reporting timeline options. Motion - Request for Standard Reporting Timeline Options 501 - 502 15.6. MOTION - Community and Stakeholder Meeting on Lundy’s Lane Planning Attached is a Motion from Councillor Mona Patel regarding a Community and Stakeholder Meeting on Lundy's Lane Planning. Motion - Community and Stakeholder Meeting on Lundy’s Lane Planning 503 - 504 15.7. MOTION - Construction hole in Chippawa Attached is a Motion from Councillor Ruth-Ann Nieuwesteeg pertaining to a request for action to remedy the hole in the ground in Chippawa. MOTION - Construction Hole in Chippawa 505 15.8. MOTION - Beer and Wine Sales - Allowable times Attached is a Motion from Councillor Ruth-Ann Nieuwesteeg regarding a letter of permission allowing convenience stores to sell liquor and beer until 1:00 AM. Motion - Beer and wine sales allowable times 506 15.9. MOTION - CPR Training for City Staff Attached is a Motion from Councillor Ruth-Ann Nieuwesteeg pertaining to CPR training to be provided to City Staff. Motion - CPR training for City Staff 507 16. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. Page 11 of 547 2025- 060. A by-law to amend By-law No. 79-200, to permit the use of the lands for the development of 18 townhouse dwelling units in 3 blocks. (AM-2024-007). By-law 2025-060 - AM-2024-007 - 8168 McLeod Road - ZBA 508 - 510 2025- 061. A by-law to provide for the adoption of Amendment No. 183 to the City of Niagara Falls Official Plan (AM-2024-032). By-law 2025-061 - AM-2024-032 - 7701 Lundy's Lane - OPA 511 - 514 2025- 062. A by-law to amend By-law No. 79-200, to permit the use of the Lands for the development for two apartment dwellings consisting of a total of 138 dwelling units, subject to a 3-year sunset clause. (AM-2024-032). By-law 2025-062 - AM-2024-032 - 7701 Lundy's Lane - ZBA 515 - 517 2025- 063. A by-law to amend By-law No. 79-200 to permit the use of the Lands for the purpose of an apartment dwelling with two-storey units integrated at grade, subject to a 3-year sunset clause (AM- 2024-029). By-law 2025-063 - AM2024-029 - BLK A Garner and Angie Drive 518 - 521 2025- 064. A by-law to amend By-law No. 1538 and By-law No. 79-200 to permit the use of Lands in accordance with the permitted uses and regulations contained in this by-law, subject to the removal of a holding (H) symbol (AM- 2023-013). By-law 2025-064 - AM-2023-013 - 9127 and 9515 Montrose Road 522 - 525 2025- 066. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Limited Parking, Parking Meter Zones) By-law 2025-066 - 05 27 2025 - Main Street 526 - 528 2025- 067. A by-law to establish Part 9 on Plan 59R-13279 as a public highway to be known as, and to form part of Dorchester Road. By-law 2025-067 - By-Law to Establish Highway - Part 9 59R13279- Dorchester Road 529 Page 12 of 547 2025- 068. 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 2025-068 - 2025 MAY 27 By-law Enforcement Officers 530 - 531 2025- 069. A by-law to repeal By-law No. 2023-037, in part, which provided for the adoption of Amendment No. 147 to the City of Niagara Falls Official Plan, and to repeal By-law No. 2023-078, which amended By-law No. 79-200 for the purpose of regulating the development of the McLeod Meadows Plan of Subdivision. (Added) By-law No. 2025-069 - By-law to Repeal By-law No. 2023-037, in part, and By-law No. 2023-078 532 - 533 2025- 071. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Limited Parking, Metered Parking Zones) By-law 2025-071 - May 27 2025 Front St Bylaw Revised 534 - 536 2025- 072. A by-law to establish a Municipal Accommodation Tax and repeal By-law No. 2025-009. (Added) By-law 2025- 072 - Transient Accommodation Tax By-law repealing 2025-009 537 - 546 2025- 073. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 27th day of May, 2025. By-law 2025-073 - 05 27 25 Confirming By-law 547 17. ADJOURNMENT Page 13 of 547 The City of Niagara Falls, Ontario Resolution May 27, 2025 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 May 27, 2025, Niagara Falls City Council will be holding Closed Meetings as permitted under s. 239 (2) of the Municipal Act, namely; (b) personal matters about an identifiable individual, including municipal or local board employees; (e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; (k) 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 municipality. THEREFORE BE IT RESOLVED that on May 27, 2025 Niagara Falls City Council will go into a closed meeting to consider matters that fall under 239 (2) (b) personal matters about an identifiable individual, including local board employees to be considered to fill vacancies to various committees as well as a matter related to personal donation involving an estate and a personal matter involving the CAO. Council will also consider matters that fall under section 239 (2) (e) involving litigation or potential litigation relating to a storm water management facility as well as a subdivision agreement and (k) a position, plan, procedure , criteria or instruction to be applied regarding a CIP application. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 14 of 547 The City of Niagara Falls, Ontario Resolution May 27, 2025 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 July 7, 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 July 7, 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 a Community Improvement Plan as well as the draft Official Plan. AND The Seal of the Corporation be hereto affixed. WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 15 of 547 MINUTES City Council Meeting 2:00 PM - Tuesday, May 6, 2025 Council Chambers/Zoom App The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, May 6, 2025, at 2:00 PM, in the Council Chambers, with the following members present: COUNCIL PRESENT: MAyor Diodati, Councillor Dabrowski, Councillor Kerrio, Councillor Patel, Councillor Baldinelli, Councillor Lococo, Councillor Pietrangelo, Councillor Strange, Councillor Ruth-Ann Nieuwesteeg COUNCIL ABSENT: STAFF PRESENT: Bill Matson, Jason Burgess, Kathy Moldenhauer, Kira Dolch, Ken Henry, Kent Schachowskoj, Tiffany Clark, Nidhi Punyarthi, via Zoom: Trent Dark, 1. IN CAMERA SESSION OF COUNCIL 1.1. In-Camera Resolution The City Council Meeting was called to order at 2:03 PM. Moved by Councillor Chris Dabrowski Seconded by Councillor Mona Patel THAT Council ENTER into an In-Camera session. Carried Unanimously (Mayor Diodati and Councillors Nieuwesteeg, Pietrangelo and Strange were absent for the vote). 2. CALL TO ORDER - COUNCIL MEETING RECONVENING 2.1. THAT the Council Meeting RECONVENE at 4:49 PM. 3. ADOPTION OF MINUTES 3.1. Council Minutes of April 8, 2025 Moved by Councillor Tony Baldinelli Seconded by Councillor Lori Lococo THAT Council APPROVE the minutes of April 8, 2025 as presented. Carried Unanimously 4. DISCLOSURES OF PECUNIARY INTEREST a) Councillor Patel disclosed a conflict of interest to Report PBD-2025-26 (AM- Page 1 of 21 Page 16 of 547 2023-13) as the Councillor indicated that her spouse is employed by the Applicant E.S Fox Enterprises Inc. b) Councillor Kerrio disclosed a conflict of interest to By-Laws 2025-052 and 2025-053. c) Councillor Pietrangelo disclosed a conflict of interest to Report MW-2025-11, the Surface Treatment Program Budget Amendment. Councillor Pietrangelo indicated his parents live on one of the roads scheduled for surface treatment. 5. MAYOR'S REPORTS, ANNOUNCEMENTS a) Events and Announcements: Komedy for Kidneys  Annual show was April 17, 2025 Community Easter Egg Hunts  Firemen's Park - Attended by Mayor Diodati, Councillor Patel and Councillor Nieuwesteeg  Canada One Factory Outlet - Attended by Mayor Diodati  Niagara Falls Soccer Club - Attended by Mayor Diodati Birchway Niagara Earth Day Tree Planting Event  Attended by Mayor Diodati, Councillor Patel, Councillor Pietrangelo and Councillor Baldinelli, and Councillor Strange Soppresatta Night  Attended by Mayor Diodati, Councillor Patel, Councillor Pietrangelo, Councillor Baldinelli, Councillor Strange, Councillor Dabrowski, Councillor Lococo, Councillor Nieuwesteeg and Councillor Kerrio Blessing Ceremony - Ten Thousand Buddhas  Attended by Mayor Diodati and Councillor Lococo Niagara Jazz Festival Launch  Attended by Mayor Diodati, Councillor Lococo and Councillor Patel Councillor Representation: Councillor Pietrangelo  Volunteer Firefighter Appreciation Banquet Councillor Strange  Ham Giveaway at Commisso's Councillor Nieuwesteeg  Flag Raising for Parental Alienation  Grand Opening - Nerd Herder Councillor Lococo  Adopt A Road - DSNDP Road Clean-Up Initiative  Justice 4 Black Lives Bench Unveiling Page 2 of 21 Page 17 of 547 Councillor Patel  Spring Dinner Party hosted by Gujarati Society Niagara Councillor Pietrangelo  Day of Mourning - Flag Raising Grand Openings:  Cannabis Cupboard - Attended by Mayor Diodati, Councillor Dabrowski and Councillor Nieuwesteeg  Meraki by J - Attended by Mayor Diodati and Councillor Patel  Biryaniwalla - Attended by Mayor Diodati and Councillor Patel  Moodies Bakery - Attended by Mayor Diodati and Councillor Patel  TL Nail and Spa - Attended by Mayor Diodati, Councillor Nieuwesteeg and Councillor Pietrangelo Flag Raisings:  Polish Constitution Day - Attended by Mayor Diodati, Councillor Dabrowkski, Councillor Lococo, Councillor Patel, Councillor Baldinelli and Councillor Strange  Children's Mental Health Awareness Week - Attended by Mayor Diodati and Councillor Patel b) The next Council meeting is scheduled for Tuesday, May 27, 2025. 6. DEPUTATIONS / PRESENTATIONS 6.1. Fire Chief's Coin Recognition Deputy Fire Chief, Ken Henry, along with Mayor Jim Diodati, recognized city employee JT Mills, employee in the City's Municipal Works/Operations Department and Volunteer Firefighter, for his assistance to a medical incident that occurred in March. CAO Jason Burgess also surprised JT by presenting him with the Gold Star Employee Award. 6.2. Niagara Fiesta Extravaganza - Presentation and Noise By-law Exemption Request On behalf of the Ontario Festival of Culture, Arts and Sports (OFCAS), Eileen Tinio-Hind, spoke before Council to promote the upcoming Niagara Fiesta Extravaganza, to be held at Firemen's Park on Saturday, August 2nd, 2025 and Sunday, August 3rd, 2025. The OFCAS also asked for Council to approve a Noise by-law exemption for the Niagara Fiesta Extravanganza to allow for live outdoor music to be played until 11:00 PM. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by Councillor Lori Lococo THAT Council APPROVE a Noise by-law exemption for the Niagara Fiesta Extravanganza, being held on Saturday August 2nd, 2025 and Sunday August Page 3 of 21 Page 18 of 547 3rd, 2025, to allow for live outdoor music to be played until 11:00 PM; AND, that Council direct Staff to support the event by assisting with additional measures and to charge associated costs to the Council fee waiver program. Carried Unanimously 7. PLANNING MATTERS 7.1. PBD-2025-25 (Public Meeting) AM-2024-032, Official Plan and Zoning By-law Amendment Application 7701 Lundy’s Lane STAMFORD; PT LOT 133 59R4311 PT 01; 59R4604 PTS 01,02 Proposal: To increase the density permitted and rezone the subject lands to facilitate the conversion of an existing motel to 96 dwelling units and the construction of a new 6-storey building containing 42 residential apartment units, for a total of 138 residential dwelling units. Applicant:1000706636 Ontario Inc. (Cyrus Gatta) Agent: Ethan Laman (Upper Canada Consultants) This Planning Public Meeting began at 5:17 PM. Nick DeBenedetti, Planner 2, provided an overview of Report PBD-2025-25. The Agent, Ethan Laman, attended in person and made himself available for questions in person at the podium. The Planning Public Meeting concluded at 5:58 PM. Councillor Patel left Council Chambers at 6:05 PM and returned at 6:06 PM. Moved by Councillor Chris Dabrowski Seconded by Councillor Ruth-Ann Nieuwesteeg 1. THAT Council APPROVE the Official Plan Amendment and Zoning By-law Amendment to increase the permitted density and rezone the subject lands for the conversion of an existing motel to 96 residential dwelling units and the construction of a new 6-storey building containing 42 residential dwellings units, for a total of 138 residential dwelling units, subject to the regulations detailed in this report. 2. THAT Council AUTHORIZE the amending by-law which includes 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 - (Opposed by Councillor Patel and Councillor Baldinelli). 7.2 . PBD-2025-27 - (Public Meeting) AM-2024-029 Zoning By-law Amendment Application Northeast corner of Garner and Angie Road (“Block A”) Page 4 of 21 Page 19 of 547 Proposal: 6 Storey Residential Building with 103 units, including 12 two-level integrated townhouse units Applicant: Jeremiah Rudan and Milana Caponcini Agent: Celina Hevesi (Bousfields Inc) This Planning Public Meeting began at 6:16 PM. Councillor Ruth-Ann Nieuwesteeg left Council Chambers at 6:16 PM and returned at 6:18 PM. Chris Roome, Planner 2, provided an overview of Report PBD-2025-27. At 6:34 PM, resident Ron Tripp of 6284 Shapton Cr. took to the podium to discuss concerns pertaining to the function of the storm pond and storm sewer system there. At 6:39 PM, resident Tracey Storr of 8796 Angie Dr. took to the podium to indicate she is opposed to putting in a residential building in this area, as she is concerned with the traffic this will being to her area. At 6:49 PM, a resident Xiufang Chen of 8892 Kudlac St. took to the podium to say they didn't receive notification regarding this proposed building. Kira Dolch confirmed that everyone within 120 meters of where the proposed building would be situated as well as a sign was posted in the area extended notification to residents not just within the 120 meter range. At 6:51 PM, resident Ed Lapenna of Kudlac Street, took to the podium to voice his concerns about the density increase in the area should this motion of a 6 storey building be built. At 6:53 PM, resident James Fram of 8932 Kudlac Street, took to the podium to voice concerns that himself and others are not happy about this new building potentially being built in his neighbourhood is against it. At 6:54 PM, resident Josie Bianco of 6343 Connor Cr. took to the podium to voice her concerns about the area becoming busier and the fact that there are no schools for children in that area. At 6:56 PM, resident Xiuchun Zhang of 8882 Forestview Bv. took to the podium to voice their concerns about this 6 Storey building potentially being built. The Agent, David Falletta, took to the podium at 7:04 PM and gave a presentation about the proposed 6 Storey building and answered accompanying questions. This Planning Public Meeting concluded at 7:18 PM. Councillors Dabrowski and Patel left Council Chambers at 7:39 PM. Page 5 of 21 Page 20 of 547 Moved by Councillor Mona Patel Seconded by Councillor Chris Dabrowski THAT Council DENY this application Ayes: Councillor Tony Baldinelli, Councillor Mona Patel, and Councillor Chris Dabrowski Nays: Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Lori Lococo, Councillor Ruth-Ann Nieuwesteeg, and City Councillor Vince Kerrio DEFEATED- Opposed by Mayor Diodati and Councillors Kerrio, Lococo, Nieuwesteeg, Pietrangelo and Strange 3-5 on a recorded vote Moved by City Councillor Vince Kerrio Seconded by Councillor Victor Pietrangelo 1. THAT Council APPROVE the Zoning By-law Amendment to rezone the lands to a site-specific Residential Apartment 5F (R5F) Density Zone to facilitate the construction of a 4 to 6 Storey Residential Building with 103 units, including 12 two-level integrated townhouse units, as outlined in this report. 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 - (Opposed by Councillors Dabrowski, Baldinelli and Patel). Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT direction be given to staff to EXPLORE the option of building a sidewalk along Garner Road extending to Forestview Boulevard. Carried Unanimously 7.3. PBD-2025-26 - (Public Meeting) AM-2023-013, Zoning By-law Amendment 9127 and 9515 Montrose Road Proposal: Rezone 3 parcels of land to Site-Specific Prestige Industrial and Environmental Protection Area Applicant: E.S Fox Enterprises Inc. Agent: Kaitlin Webber, MHBC Planning LTD. Councillor Patel declared a conflict with this item at the beginning of this Council meeting and left Council Chambers at 7:39 PM. Councillor Dabrowski also left Council Chambers at 7:39 PM. Page 6 of 21 Page 21 of 547 This Planning Public Meeting commenced at 7:41 PM Councillor Pietrangelo left Council Chambers at 7:41 PM and returned at 7:44 PM. Mayor Jim Diodati left Council Chambers at 7:44 PM and Councillor Strange chaired the meeting in the Mayor's absence. Mayor Diodati returned to Council Chambers at 7:53 PM and Councillor Strange returned to his seat. Chris Roome, Planner 2, provided an overview of Report PBD-2025-26. Agent Kaitlin Webber of MHBC took to the podium and gave a presentation and answered questions. Councillor Lococo left Council Chambers at 7:48 PM and returned at 7:53 PM. Councillor Baldinelli left Council Chambers at 7:53 PM. This Planning Public Meeting concluded at 7:53 PM. Moved by Councillor Ruth-Ann Nieuwesteeg Seconded by City Councillor Vince Kerrio 1. THAT Council APPROVE a Zoning By-law Amendment to rezone 3 parcels of land as site-specific Prestige Industrial (PI) zones and Environmental Protection Area (EPA) zones, as described in this report. 2. THAT Council AUTHORIZE the amending by-law to establish a holding provision until such time as an overall site servicing strategy is determined, based on the findings of the infiltration/inflow removal study currently being undertaken, as reviewed and approved by Region and City Staff. Carried Unanimously (Councillors Dabrowski and Patel were not present for this vote as Councillor Patel had declared a conflict). 8. REPORTS 8.1. MW-2025-11 Surface Treatment Program Budget Amendment Councillor Pietrangelo declared a conflict with this item and the beginning of this Council meeting and left Council Chambers at 7:53 PM and returned after the vote at 7:54 PM. Councillor Dabrowski returned to Council Chambers at 7:54 PM Councillor Patel returned to Council Chambers at 7:55 PM. Page 7 of 21 Page 22 of 547 Moved by City Councillor Vince Kerrio Seconded by Councillor Mike Strange 1. THAT Contract 2025-08 for 2025 Surface Treatment Program be AWARDED to the lowest bidder Circle P Paving Inc., in the amount of $2,905,130 plus applicable taxes; and further, 2. THAT Council APPROVE a budgetary increase of $211,000 to the existing 2025 approved budget of $2,797,000 for the Urban and Rural Surface Treatment Program, resulting in a revised total project budget of $3,008,000; and further, 3. THAT Council APPROVE of the use of unallocated Canada Community- Building Funds (CCBF) in order to accommodate the requested budgetary increase; and further, 4. THAT the Mayor and City Clerk be AUTHORIZED to execute the necessary contract documents. Carried Unanimously (Councillor Pietrangelo declared a conflict of interest and Councillors Patel, Dabrowski, Pietrangelo and Baldinelli were not present for this vote). 8.2. MW-2025-12 Urgent Rural Road Repairs 2025 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1. THAT Council APPROVE a budget amendment, subject to funding availability, to create a new Capital project for road repairs on Mewburn Road, Willick Road and Ort Road in the amount of $450,000; and further, 2. THAT Council APPROVE the use of forecasted 2026 Canada Community-Building Funds (CCBF) to be received and Capital Special Purpose Reserves, subject to availability, in order to accommodate the requested budgetary request; and further, 3. THAT the Mayor and City Clerk be AUTHORIZED to execute the necessary contract documents. Carried Unanimously - Councillors Patel and Baldinelli missing from the vote 8.3. MW-2025-13 Graffiti Action Plan Moved by Councillor Victor Pietrangelo Seconded by City Councillor Vince Kerrio 1. THAT Council RECIEVE this report regarding the response to Graffiti in the public realm; and further, 2. THAT Council DIRECT Staff to update the City's bylaws for the purposes of requiring utility companies and agencies alike to remove graffiti from their assets located within the City's road allowances and Page 8 of 21 Page 23 of 547 property within a reasonable timeline, and to recover costs from those parties for the City to remove graffiti when timelines are not met; and further, 3. THAT Council DIRECT Staff to develop a utility box wrap program in conjunction with BIA's and the Public Art Advisory Task Force for 2026 consisting of an annual budgetary allocation of $15,000 in order to accomplish the intent of completing five new locations per year for the next five years; 4. THAT Council DIRECT Staff to implement a graffiti assistance rebate program and to include a $15,000 allocation in the 2026 operating budget. Carried Unanimously - Councillor Baldinelli was not present for this vote and Councillor Patel was returning to Council Chambers as the vote had taken place. 8.4. PBD-2025-28 Matters Arising from Municipal Heritage Committee Request to Designate 6103 Culp Street Councillor Nieuwesteeg left Council Chambers at 7:55 PM and Councillor Baldinelli returned to Council Chambers at 7:56 PM. Councillor Kerrio left Council Chambers at 7:57 PM. Moved by Councillor Victor Pietrangelo Seconded by Councillor Lori Lococo 1. That Council APPROVE the designation of 6103 Culp Street under Part IV Section 29 of the Ontario Heritage Act, R.S.O. 1990, pursuant to the recommendations of the Municipal Heritage Committee. 2. That Council DIRECT staff to issue a Notice of Intention to Designate 6103 Culp Street, under Part IV Section 29 of the Ontario Heritage Act, R.S.O 1990. 3. That Council APPROVE the designation by-law that will be brought forward if no objections are received within the thirty (30) day objection period. Carried Unanimously - Councillors Nieuwesteeg and Kerrio were not present for this vote. 8.5. PBD-2025-29 Matters Arising from Municipal Heritage Committee Removal of Properties from Municipal Register of Heritage Properties- 4600-4610 and 4624 Erie Avenue Moved by Councillor Mike Strange Seconded by Councillor Lori Lococo Page 9 of 21 Page 24 of 547 1. That Council APPROVE the removal of the property known municipally as 4600-4610 Erie Avenue from the Municipal Register of Heritage Properties. 2. That Council APPROVE the removal of the property known municipally as 4624 Erie Avenue from the Municipal Register of Heritage Properties. Carried Unanimously - Councillors Nieuwesteeg and Kerrio were not present for this vote. 8.6. RCF-2025-06 B'nai Tikvah Congregation Agreement Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1. THAT Council AUTHORIZE the reservation of interment area and maintenance and fee arrangements with the Congregation B’Nai Tikvah at the Lundy’s Lane Cemetery located at 7489 Lundy’s Lane, Niagara Falls, as provided for in this report; 2. THAT Council AUTHORIZE the Mayor and the City Clerk to execute the Reserved Area Agreement with the Congregation B’Nai Tikvah for the purposes of carrying out the objectives referred to in this report; 3. THAT Council AUTHORIZE the Chief Administrative Officer, the General Manager of Recreation and Culture, and the City Solicitor, or their respective designates as they deem appropriate, to execute all documentation and take any steps necessary to carry out the above recommendations. Carried Unanimously - Councillors Nieuwesteeg and Kerrio were not present for this vote. 9. CONSENT AGENDA 9.1. CAO-2025-06 Non-Union By-law Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange THAT Council APPROVE the amendments to the By-law respecting sick leave, pensions and other benefits for non-union employees. Carried Unanimously - Councillors Nieuwesteeg and Kerrio were not present for this vote. 9.2. CS-2025-27 Notice of Trespass Policy Page 10 of 21 Page 25 of 547 Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange THAT Council RECEIVE the Notice of Trespass Policy for information. THAT Council APPROVE CS-LGL-XXX (attachment 1), effective May 6, 2025. Carried Unanimously - Councillors Nieuwesteeg and Kerrio were not present for this vote. 9.3. MW-2025-10 Stormwater Management and Wastewater Collection System Summary Report and Overview Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange THAT this report be RECEIVED for information. Carried Unanimously - Councillors Nieuwesteeg and Kerrio were not present for this vote. 9.4. CS-2025-28 - Finance Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange THAT Council APPROVE the cancellation, reduction or refund of taxes on the various accounts listed in the attached summary and granted to the property owners listed. Carried Unanimously - Councillors Nieuwesteeg and Kerrio were not present for this vote. 9.5. CS-2025-30 Further Updates to the City's Non-Parking Administrative Monetary Penalties (AMPS) By-law Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange 1. THAT Council RECEIVE this report for information. 2. THAT Council APPROVE the amendment to the City's non-parking AMPS By-law Nos. 2024-045 and 2025-018 in the form attached at Appendix 1 to this Report. 3. THAT Council DELEGATE authority to the Chief Administrative Officer, the General Manager of Planning, Building and Development, the Manager of Municipal Enforcement Services and the City Solicitor and their further Page 11 of 21 Page 26 of 547 designates as they deem appropriate to take any step or action necessary to administer the City's non-parking AMPS by-laws as amended. Carried Unanimously - Councillors Nieuwesteeg and Kerrio were not present for this vote. Moved by Councillor Lori Lococo Seconded by Councillor Mike Strange THAT Council APPROVE the Consent Agenda Item #9.1 through to and including Item #9.5. Carried Unanimously - Councillors Nieuwesteeg and Kerrio were not present for this vote. 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK - RECOMMENDED FOR APPROVAL/SUPPORT 10.1. Noise By-law Exemption Request - Niagara Irish Festival 2025 Attached is a request for a Noise By-law Exemption for an upcoming community event, Niagara Irish Festival, 2025, which will be held at Firemen's Park, 2275 Dorchester Road to allow for the playing of amplified music until 10:30 PM on Friday, August 22, 2025 and Saturday, August 23rd, 2025. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli Recommendation: THAT Council APPROVE a Noise By-law Exemption for the Niagara Irish Festival, 2025, which will be held at Firemen's Park, 2275 Dorchester Road to allow for the playing of amplified music until 10:30 PM on Friday, August 22, 2025 and Saturday, August 23rd, 2025. Carried Unanimously - Councillors Nieuwesteeg and Kerrio were not present for this vote. 10.2. Noise By-law Exemption Request - St. George & St. Archangel Michael Serbian Church Attached is a request for a Noise By-law Exemption for the following dates and events to be held in 2025, that will take place on the church grounds of St. George & St. Archangel Michael Serbian Church located at 6085 Montrose Rd. The requested exemption is for the following dates and events:  Saturday, June 7 - Folklore Concert  Friday, Saturday and Sunday June 27, 28, 29 - 80th Annual Serbian Day Celebrations  Saturday July 19 - Engagement Party Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council APPROVE a Noise By-law Exemption for the St. George & St. Archangel Michael Serbian Church grounds, located at 6085 Montrose Rd, until 11PM on the following dates for the events to be held there in 2025: Page 12 of 21 Page 27 of 547  Saturday, June 7 - Folklore Concert  Friday, Saturday and Sunday June 27, 28, 29 - 80th Annual Serbian Day Celebrations  Saturday, July 19 - Engagement Party Carried Unanimously - Councillors Nieuwesteeg and Kerrio were not present for this vote. 10.3. Proclamation and Flag-Raising Request - National Accessibility Week Attached is a request for Council to proclaim the week of May 25, 2025 - May 31, 2025 as "National Accessibility Week" in the City of Niagara Falls and to raise the official flag and logo of the Mayor's Accessibility Advisory Committee during the entire week at City Hall. Recommendation: THAT Council PROCLAIM the week of May 25, 2025 - May 31, 2025 as "National Accessibility Week" in the City of Niagara Falls and to raise the official flag and logo of the Mayor's Accessibility Advisory Committee during the entire week at City Hall. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council PROCLAIM the week of May 25, 2025 - May 31, 2025 as "National Accessibility Week" in the City of Niagara Falls and to raise the official flag and logo of the Mayor's Accessibility Advisory Committee during the entire week at City Hall. Carried Unanimously 10.4. Proclamation Request - Moose Hide Campaign Day Attached is a request for Council to proclaim Thursday, May 15, 2025 as "Moose Hide Campaign Day." The Moose Hide Campaign is an Indigenous- led grassroots movement of men and all Canadians standing up against violence towards women and children. Recommendation: THAT Council PROCLAIM Thursday, May 15, 2025 as "Moose Hide Campaign Day" in the City of Niagara Falls. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council PROCLAIM Thursday, May 15, 2025 as "Moose Hide Campaign Day" in the City of Niagara Falls. Carried Unanimously 10.5. Proclamation Request - Melanoma & Skin Cancer Awareness Month On behalf of the Save Your Skin Foundation, the attached is a request for Council to proclaim May 1-31, 2025 as "Skin Cancer Awareness Month" in Niagara Falls. Recommendation: THAT Council PROCLAIM May 1-31, 2025 as "Skin Cancer Awareness Month" in Niagara Falls. Page 13 of 21 Page 28 of 547 Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council PROCLAIM May 1-31, 2025 as "Skin Cancer Awareness Month" in Niagara Falls. Carried Unanimously 10.6. Proclamation and Flag-Raising Request - Seniors Month Attached is a request for Council to proclaim June as "Seniors Month" and to arrange for a flag-raising ceremony with the Seniors Advisory Committee members in the month of June to celebrate all that seniors do for our City. Recommendation: THAT Council PROCLAIM June as "Seniors Month" and to arrange for a flag-raising ceremony with the Seniors Advisory Committee members in the month of June to celebrate all that seniors do for our City. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council PROCLAIM June as "Seniors Month" and to arrange for a flag- raising ceremony with the Seniors Advisory Committee members in the month of June to celebrate all that seniors do for our City. Carried Unanimously 10.7. Proclamation Request – Indigenous Survivors Day – National Blanket Ceremony Day Attached is a request for Council to proclaim June 30th, 2025 as “Indigenous Survivors Day – National Blanket Ceremony Day”, in the City of Niagara Falls. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council PROCLAIM Monday June 30, 2025 as “Indigenous Survivors Day – National Blanket Ceremony Day”, in the City of Niagara Falls. Carried Unanimously - Councillors Nieuwesteeg and Kerrio were not present for this vote. 10.8. Flag Raising Request - Children's Mental Health Awareness Week Attached is a request for Council to approve a flag-raising ceremony to recognize "Children's Mental Health Awareness Week" which runs from May 5 - May 10, 2025. The theme this year is "Unmasking Mental Health." Recommendation: THAT Council APPROVE a flag-raising ceremony to recognize "Children's Mental Health Awareness Week" which runs from May 5 - May 10, 2025. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli Page 14 of 21 Page 29 of 547 THAT Council APPROVE a flag-raising ceremony to recognize "Children's Mental Health Awareness Week" which runs from May 5 - May 10, 2025. Carried Unanimously 10.9. Flag-Raising Request - Franco-Ontarian Day Attached is a request for Council to approve a flag-raising ceremony to recognize "Franco-Ontarian Day" on September 25, 2025. Recommendation: THAT Council APPROVE a flag-raising ceremony to recognize "Franco-Ontarian Day" on September 25, 2025. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council APPROVE a flag-raising ceremony to recognize "Franco- Ontarian Day" on September 25, 2025. Carried Unanimously 10.10. Memo - Proposed Amendments to By-law 2019-35 - Animal Care & Control The Mayor's Accessibility Advisory Committee is looking to amend the current language in By-law 2019-35, Animal Care & Control. Recommendation: THAT Council APPROVE the proposed amendments to By-law 2019-35, Animal Care & Control. Moved by Councillor Lori Lococo Seconded by Councillor Victor Pietrangelo THAT Council PULL this item and REFER to staff. Carried Unanimously - Councillors Nieuwesteeg and Kerrio were not present for this vote. 10.11. Memo - Seniors Advisory Committee (SAC) - Request of City Councillor The SAC Committee is requesting that Council appoint a new City Councillor to serve as the second Council representative on the Seniors Advisory Committee. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mona Patel THAT Council APPOINT Councillor Dabrowski as a second Councillor to join the Seniors Advisory Committee for the remainder of the term. Carried Unanimously (Councillors Nieuwesteeg and Kerrio were not present for this vote). 10.12. Proclamation/Declaration Request - MountainView LemonAID Day - FACS Page 15 of 21 Page 30 of 547 Niagara Foundation Mountainview LemonAID Day raises funds for the Foundation for Family & Children’s Services Niagara to send children served by FACS Niagara to weeklong day and overnight camps. On Saturday, June 7, 2025, families from across Niagara will set up over 100 lemonade stands to raise funds to send kids to camp. Recommendation: THAT Council DECLARE Saturday, June 7, 2025 Mountainview LemonAID Day for FACS Niagara in the City of Niagara Falls. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council DECLARE Saturday, June 7, 2025 Mountainview LemonAID Day for FACS Niagara in the City of Niagara Falls. Carried Unanimously 10.13. Proclamation Request - Day of Bulgarian Alphabet Education and Culture Attached is a request for Council to proclaim May 24, 2025 as "Bulgarian Alphabet Education and Culture" Day. Recommendation: THAT Council PROCLAIM May 24, 2025 as "Bulgarian Alphabet Education and Culture" Day. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council PROCLAIM May 24, 2025 as "Bulgarian Alphabet Education and Culture" Day. Carried Unanimously 10.14. Special Occasion Permit and Noise By-law Exemption - Misty City Music Festival Organizers of the event are looking to Council for a letter of Municipal Significance for the Misty City Music Festival taking place on Friday, September 5th, 2025 and Saturday, September 6th, 2025 at the Fallsview Event Grounds at 6727 Stanley Avenue, Niagara Falls. With Council declaring the event as "municipally significant," this will assist the organizers with obtaining a Special Occasion permit from the AGCO. Additionally, the organizers of the event are looking for Council to approve an exemption to the City's Noise By-law to allow for the playing of amplified sound until 10:30 PM on Friday, September 5, 2025 and Saturday, September 6, 2025. Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council declare the event as "municipally significant," to assist the Page 16 of 21 Page 31 of 547 organizers with obtaining a Special Occasion permit from the AGCO; AND, THAT Council APPROVE an exemption to the City's Noise By-law to allow for the playing of amplified sound until 10:30 PM on Friday, September 5, 2025 and Saturday, September 6, 2025. Carried Unanimously 10.15. Proclamation Request - Niagara Shriner's Week The Niagara Shrine Week requests a city proclamation declaring the week of June 6 through June 13, 2025 as "Shriners Week." Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council DECLARE the week of June 6 through June 13, 2025 as "Shriners Week." Carried Unanimously Moved by Councillor Victor Pietrangelo Seconded by Councillor Tony Baldinelli THAT Council APPROVE and SUPPORT Item #10.1 through to Item #10.15, excluding Item #10.10 and Item #10.11. Carried Unanimously - Councillors Nieuwesteeg and Kerrio were not present for this vote. 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK - RECOMMENDED FOR INFORMATION 11.1. Resolution - Town of Grimsby - Manufacturing of Emergency Response Vehicles in Canada Attached is a resolution passed by the Town of Grimsby Council at their meeting held on March 31, 2025. Recommendation: THAT Council RECEIVE for information. 11.2. Resolution - City of Cambridge - Request the Redistribution of the Provincial Land Transfer Tax and GST to Municipalities for Sustainable Infrastructure Funding Please find attached a resolution passed by Cambridge City Council on April 15th, 2025 regarding Request the Redistribution of the Provincial Land Transfer Tax and GST to Municipalities for Sustainable Infrastructure Funding. Recommendation: THAT Council RECEIVE for information. 11.3. Resolution - Town of Tecumseh - Proposed May 1, 2025 Expansion of Strong Mayor Powers to the Town of Tecumseh Attached is a resolution adopted by the Town of Tecumseh at its Regular meeting on April 22,2025 regarding Strong Mayor Powers for consideration. Recommendation: THAT Council RECEIVE for information. Page 17 of 21 Page 32 of 547 11.4. 2025 Ontario Senior of the Year The Seniors Advisory Committee will be putting forward a nomination for the Senior of the Year award. (A request for a media release has been submitted to the Communications Department to help promote the call for nominations). Recommendation: THAT Council RECEIVE for information. 11.5. Correspondence from the Niagara Region The following correspondence from the Niagara Region is for Council's review for information purposes. 1) Niagara Region Report - PDS 7-2025 - Diversity, Equity, and Inclusion Action Plan 2024 Progress Report 2) Niagara Region Report CSD 16-2025 Respecting Debt Information Report - 2025 Debenture Issuance Recommendation: THAT Council RECEIVE for information. 11.6. Correspondence from Niagara Transit Commission - NT Annual Report & Q1 Commingled Stats Attached is the Niagara Transit Annual Report and the Q1 Commingled Stats. Recommendation: THAT Council RECEIVE for information. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council RECEIVE for information Items # 11.1 through to and including 11.6. Carried Unanimously (Councillors Nieuwesteeg and Kerrio were not present for this vote). 11.7 Seniors Advisory Committee and the Downtown Advisory Committee Requests to increase the amount of members and appoint new members to the SAC and DAC. Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT the terms of reference for the Seniors Advisory Committee be AMENDED to include a range of 8 to 12 members and that the following 5 residents be appointed to the committee for the remainder of the Council term: April Petrie, Debbie Felicetti, Kathryn Heier-Siemens, Paul Bradford, Michael Robert Burnett. Carried Unanimously Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange Page 18 of 21 Page 33 of 547 THAT Council INCREASE the number of members representing commercial properties and businesses in the downtown core, from 9 to 10 members and a APPOINT Antonio Barranca, Cat Thagard and Chris Byrnes, to the Downtown Advisory Committee for the remainder of the term. Carried Unanimously 12. RATIFICATION OF IN-CAMERA Coucnillors Nieuwesteeg and Kerrio returned to Council Chambers at 8:06 PM. 12.1 Ratification of In-Camera 1. Direction to staff for an OLT Matter 2. Educational Planning Matters 3. Further direction to staff regarding a proposal for Doctor Recruitment Moved by Councillor Victor Pietrangelo Seconded by Councillor Ruth-Ann Nieuwesteeg THAT Council RATIFY the items discussed In-Camera. Carried - (Councillor Lococo was opposed to the proposal for doctor recruitment matter). 13. NOTICE OF MOTION/NEW BUSINESS 13.1. NOTICE OF MOTION - Community Meeting Attached is a request for a Notice of Motion from Councillor Lori Lococo regarding a Community Meeting. 13.2. NOTICE OF MOTION -Trailer By-law Attached is a request for a Notice of Motion from Councillor Lori Lococo regarding a trailer by-law. 13.3. NOTICE OF MOTION - Specialized Transit Attached is a request for a Notice of Motion from Councillor Lori Lococo regarding Specialized Transit. 13.4. NOTICE OF MOTION - Have Planning Staff Expand the Circulation Area for Planning Public Notices Request of Notice of Motion given by Councillor Lori Lococo during Council meeting. Nothing submitted in writing yet. 13.5. NOTICE OF MOTION - Request for action to be taken to remedy the hole in the ground in Chippawa Request of Notice of Motion given by Councillor Ruth-Ann Nieuwesteeg during Council meeting. Nothing submitted in writing yet. 13.6. NOTICE OF MOTION - Letter of Permission Allowing Convenience Stores to Sell Liquor and Beer until 1:00AM Request of Notice of Motion given by Councillor Ruth-Ann Nieuwesteeg during Council meeting. Nothing submitted in writing yet. 13.7. NOTICE OF MOTION - CPR Training To Be Given to City Staff Page 19 of 21 Page 34 of 547 Request of Notice of Motion given by Councillor Ruth-Ann Nieuwesteeg during Council meeting. Nothing submitted in writing yet. 13.8. NOTICE OF MOTION - Timeline for Direction to Staff regarding Lundy's Lane Motel Conversion Request of Notice of Motion given by Councillor Mona Patel during Council meeting. Nothing submitted in writing yet. 13.9 NOTICE OF MOTION - Request for Standard Reporting Timeline Options Request of Notice of Motion given by Councillor Mona Patel during Council meeting. Nothing submitted in writing yet. 14. BY-LAWS 2025- 052. A by-law to declare PIN 64253-0137 (LT), Road Allowance between Lots 8 & 9, Concession 1, Willoughby; Road Allowance between Lots 8 & 9, Concession Broken Front Niagara River, Willoughby, being Bossert Road; in the City of Niagara Falls, in the Regional Municipality of Niagara, as surplus. 2025- 053. A by-law to permanently close part of a highway. 2025- 054. A by-law to amend By-law No. 2024-045 and 2025-018, to provide for increased access to the City’s Non-Parking Administrative Penalties system (“AMPS”) program by providing options to request screening reviews online and hold virtual and written hearings. 2025- 055. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Limited Parking, Parking Meter Zones, Stop Signs at Intersections) 2025- 056. A by-law to provide for the adoption of Amendment No. 184 to the City of Niagara Falls Official Plan (AM-2024-027). 2025- 057. A by-law to amend By-law No. 79-200 to regulate the Riverfront Phase 2 Plan of Subdivision and to repeal By-law No. 2020-124, in part, by removing Parcels R3-1286, R4-1287, OS-1288, and OS-1289 (AM-2024-027). 2025- 058. 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. 2025- 059. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 6th day of May, 2025. Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski THAT the by-laws be read a first, second and third time and passed. Carried Unanimously (Councillor Kerrio declared a conflict of interest to By-law 2025-52 and to By-law 2025-53). 15. ADJOURNMENT 15.1. Adjournment Page 20 of 21 Page 35 of 547 Moved by City Councillor Vince Kerrio Seconded by Councillor Ruth-Ann Nieuwesteeg That Council ADJOURN the meeting at 8:38 PM. Carried Unanimously Mayor City Clerk Page 21 of 21 Page 36 of 547 RCF-2025-07 Recreation and Culture Report Report to: Mayor and Council Date: May 27, 2024 Title: Allister Young Arts & Culture Endowment Fund 2025 Recipient Recommendation(s) That Council acknowledge Ashley Marazzo as the 2025 Allister Young Arts & Culture Endowment Fund recipient. Executive Summary The Allister Young Arts & Culture Endowment Fund is awarded annually to one Niagara Falls resident in any creative arts field. The Culture Committee received several, very worthy applications for the award. After careful review and consideration, Ashley Marazzo is recommended as the 2025 recipient. Ashley Marazzo prefers working with as many natural mediums as possible, believing that this approach helps link us to our ancestors throughout history and connects us with the Earth we call home. She enjoys highlighting the mundane turned magical, as well as themes of mortality, resilience, community, and the mythos that connects us all. Ashley aspires to create work that may serve as a catalyst for others' creativity, inspiring them to create fearlessly from their being. Her intention with her work and practice is always to inspire wonder, help others learn something new about history, engage the community, create an atmosphere where others feel eager to learn or try something new, and demonstrate that stubbornness, when applied correctly, has its advantages. With the grant she has received, Ashley will be able to host more accessible community art programs, engage with the community to create new connections at the Exchange, and highlight the potential for an active, connected community. Ms. Marazzo currently lives and works in Niagara Falls, Canada. Background In 1997, Mr. Allister Young donated a 1932 Ford Roadster to the Arts & Culture Commission (now the Culture Committee). The Commission raffled the car off and the money raised was used to establish the Young Family Endowment Fund. Page 1 of 10 Page 37 of 547 Several changes have been made to the endowment fund since it began in 1998 including changing the name from the Young Family Endowment Fund to the Allister Young Arts & Culture Endowment Fund. The criterion for applications is as follows: 1. All individual applicants must be residents of the City of Niagara Falls; 2. Applicants may submit only one application to each deadline; 3. Members and relatives of the Culture Committee are not eligible to apply; 4. Recipients must be active artists in any creative arts field in the City of Niagara Falls; 5. Recipients must have accumulated substantial volunteer hours in the arts or in an arts organization in Niagara Falls; 6. Recipients must be graduating high school or older to receive this award. Completed applications must include the following: 1. Applicants must submit a resume along with either a digital portfolio, video, examples of written/performance work, or a website address; 2. Applicants must provide a written artist statement and statement of intention; 3. Applicants must submit a letter substantiating their volunteer hours with an arts organization; 4. Applicants must agree to be available for promotion of the Allister Young Arts & Culture Endowment Fund award. Analysis The Allister Young Arts & Culture Endowment Fund was established to provide an arts awards program. The applicant that was selected meets all of the requirements to be eligible for the award. Financial Implications/Budget Impact The annual expenditures made to the recipients for the Allister Young Arts & Culture Endowment Award are funded in full from a Special Purpose Reserve established for this purpose. The award includes a cheque for $1000.00 for each recipient to continue to pursue their art. Strategic/Departmental Alignment The City of Niagara Falls is committed to building and promoting a vibrant, sustainable city that supports an active, connected, and creative community. Through the Allister Young Arts & Culture Endowment Fund, the Culture Committee is able to support a local artist who has contributed to enriching the lives of Niagara Falls residents, our community, and will allow them to continue their growth. Strategic Plan Pillars Page 2 of 10 Page 38 of 547 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 ashleymarazzo for council Written by: Clark Bernat, Culture & Museums Manager Submitted by: Status: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Approved - 15 May 2025 Jason Burgess, CAO Approved - 19 May 2025 Page 3 of 10 Page 39 of 547 Page 4 of 10Page 40 of 547 To do something well, we must first do it badly That’s how we learn!Page 5 of 10Page 41 of 547 Page 6 of 10Page 42 of 547 “Immortal Eden” Page 7 of 10Page 43 of 547 Phoenix Pyre Page 8 of 10Page 44 of 547 Page 9 of 10Page 45 of 547 In loving memory of Bunnie BrandtPage 10 of 10Page 46 of 547 Page 47 of 547 Page 48 of 547 Page 49 of 547 1 Heather Ruzylo From: Terri-Lynn Pirie < Sent: Friday, May 16, 2025 5:08 PM To: Clerk <clerk@niagarafalls.ca> Subject: [EXTERNAL]-Submitting a written request & petition My name is Terri-Lynn Pirie, my address is , Niagara Falls ON. I’d like to address all members of council. The challenge is the persistent yelling, shouting, screaming, whistling, and hooting after 11pm every Sunday, Monday, Tuesday, Friday, & Saturday night at 3710 Sinnicks Ave, Titan Sportsplex. Neighbours and myself have filed complaints with the City of Niagara Falls, & have gone over to tell them to quiet down, as they are in the middle of a residential neighbourhood. Please find my petition started May 10th 2025 attached with 60 signatures, of neighbours requesting to adjust the hours to close at 11pm following suit with MF Kerr Park & many other sporting facilities and Parks in Niagara Falls. If this can’t be done a sound barrier should be put around the property as the next option. Please follow up with my request. Thank you for your time & consideration. Terri-Lynn Please find Sent from my iPhone 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 50 of 547 PBD-2025-33 Planning Report Report to: Mayor and Council Date: May 27, 2025 Title: AM-2024-037, Official Plan and Zoning By-law Amendment Application Vacant Parcel adjacent to 2220 Stanley Avenue Part Township Lot 18, Stamford, Parts 3 & 4, Plan 59R-18159; City of Niagara Falls Proposal: To increase the density permitted and rezone the subject lands to permit the development of 28 stacked townhouse dwelling units. Applicant: Growth Social House Inc. (Chris Adams) Agent: Ethan Laman (Upper Canada Consultants) Recommendation(s) 1. That Council APPROVE the Official Plan Amendment and Zoning By-law Amendment to increase the permitted density and rezone the subject lands for the development of 28 stacked townhouse dwelling units, subject to the regulations detailed in this report. 2. That Council AUTHORIZE the amending by-law which includes 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. Executive Summary The applicant Growth Social House Inc. (Chris Adams) has requested an Official Plan Amendment and Zoning By-law Amendment for a vacant parcel adjacent to 2220 Stanley Avenue, totaling approximately 0.26 hectares (0.64 acres) Appendix 1 - Neighbourhood Map, Appendix 2 - Location Map. The application proposes to develop a vacant parcel into 28 stacked townhouse dwelling units (Appendix 3 - Site Plan and Appendix 4 - Elevation Drawing) of which 18 dwelling units are proposed to be at an attainable price in accordance with the City of Niagara Falls 2022 Housing Directions Strategy Housing Needs and Supply Report. The subject property is designated Residential and under Special Policy Area “33”. The applicant is seeking an Official Plan Amendment to establish a special policy area that Page 1 of 28 Page 51 of 547 would increase the permitted density from 75 units per hectare to 109 units per hectare. Additionally, a Zoning By-law Amendment is required to rezone the subject property from a Residential Single Family 1E (R1E) zone to a site-specific Residential 5D Density (R5D) Zone. The amendment would allow for the reduction of the lot frontage, reduction of the minimum rear yard depth, reduction of the minimum interior side yard depth, reduction of the minimum landscape open space, reduction of the minimum manoeuvring aisle and a reduction of 1 parking space. The Official Plan and Zoning By-law Amendments are recommended for the following reasons:  The proposed development conforms to Provincial, Regional, and City policies as it will contribute to the minimum intensification target of 50% of all residential units constructed in the Delineated Built-Up Area;  The proposal will help diversify the housing supply within the urban area while minimizing land consumption. It will also promote the efficient use of existing municipal infrastructure and services through the recommended regulations, which are appropriately designed to regulate the proposed use;  The proposed site-specific amendments to the Residential Apartment 5D Density (R5D) zone are appropriate for the area and conform with the intent of the Official Plan; and  The proposal will add eighteen (18) dwelling units that are intended to be attainable to low-income households in accordance with the City's Housing Strategy. The applicant is proposing to sell 64% of the dwelling units (18) below the 2022 affordable housing rate of 539,460 of which 2 dwelling units will be sold at the 500,000 and above and the remaining 8 dwelling units to be sold in the $600,000 price level. A Public Open House was held on March 4th, 2025. The agent representing the applicant and the applicant were in attendance. Seven residents attended the meeting and five emails were received. The concerns discussed dealt with the location of the building, neighbourhood character, parking, noise/pollution, tree protection, fencing, snow removal, and property values. Background Proposal Upper Canada Consultants has applied for an Official Plan and Zoning By-law Amendment on behalf of Growth Social Growth Inc. (Chris Adams) for a vacant parcel of land totaling approximately 0.26 hectares (0.64 acres). The proposed development is Page 2 of 28 Page 52 of 547 to construct 28 stacked townhouse dwelling units. The building has 10 dwelling units on the lower (semi-basement) level which are one-bedroom units, 8 dwelling units on the main level which are one-bedroom units, 8, 2-storey units that include the second and third levels which are two-bedroom units and 2, 1-storey unit on the second level which are two bed-room units. The subject property is designated Residential and under Special Policy Area “33”. The applicant is required to prepare air quality (dust) studies, as well as noise and vibration studies as part of the rezoning application. An Official Plan amendment is required as the proposal exceeds the 75 units per hectare allowed. The applicant is requesting to place the subject property under a special policy area to permit a maximum density of 109 units per hectare. The subject property is currently zoned Residential Single Family 1E (R1E) Zone, in accordance with Zoning By-law No. 79-200. The applicant is requesting a site-specific Residential 5D Density (R5D) Zone. The amendment would allow a reduction of the lot frontage, minimum rear yard depth, interior side yard depth, minimum landscaped open space, minimum manoeuvring aisle and a reduction of 1 parking space. Site Conditions and Surrounding Land Uses Surrounding land uses include:  North – Hydro Corridor, Residential - Single Dwelling Units and Industrial Uses - Warehouse and Truck Storage Facility  South – Single Dwelling Units  East – Single Dwelling Units  West – Stanley Avenue - Apartment Building, Future Apartment Building, Future Townhouse dwellings, Industrial Uses - Machine Shop, and Extractive Use - Allen Sand Pit Circulation Comments Information about the requested Official Plan and Zoning By-law Amendments were circulated to City departments, agencies, and the public for comments. The following summarizes the comments received to date. Niagara Region  The Niagara Region staff reviewed the Land Use Compatibility Study, prepared by RWDI dated February 25, 2025, determined that the proposed development is compatible from an air quality and a detailed air quality assessment is not warranted. Page 3 of 28 Page 53 of 547  The Niagara Region staff reviewed the submitted Noise Impact Study and Addendum, prepared by dBA Acoustical Consultants dated October 2024 and January 21, 2025. The study recommended mitigation measures which can be placed as conditions in the future site plan agreement with appropriate warning clauses.  A Stage 1-2 Archaeological Assessment, prepared by Detritus Consulting Ltd. (dated September 26, 2024) has been submitted with the applications. Investigation resulted in no identification or documentation of archaeological resources. The inclusion of a standard archaeological warning clauses will be required through the future site plan agreement.  A 3.05 metre road allowance across Regional Road 120 (Stanley Avenue) is to be granted to the Region for the subject property to achieve 13.1 metres from the original centerline of the Regional Road allowance. All future plans will need to show the required Regional road widening across the subject property frontage. In addition, at the new private road, daylight easements of 6m x 6m will be required to ensure the sight lines are maintained at the entrance. The required road allowance and daylight easements can be addressed at the time of future Site Plan application.  Niagara Region staff reviewed the submitted site plan and acknowledged that the development is proposing to utilize in-ground Molok waste containers. The applicant is advised that this method of waste storage is not eligible for Regional collection and waste collection for the subject property will be the responsibility of the owner through a private waste collection contractor and not Niagara Region.  The proposed plan shows a sanitary lateral and water service crossing the Regional watermain. A plan and profile for the crossing of the Regional watermain will be required for review and approval by Regional Water/Wastewater Engineering staff at the time of the future Site Plan application. Mississaugas of the Credit First Nation  They received and reviewed the required reports and had no further comments or concerns. Ontario Power Generation  OPG has no concern with the proposed placement of the new board wood fence adjacent to the Hydro Corridor. The hydro lines are far removed from the proposal. Page 4 of 28 Page 54 of 547 Building Services Building Services has no objections; however, the following requirements must be met before approval:  Further detailed and site-specific Ontario Building Code construction requirements will be addressed during the building permit application process.  All necessary fees and securities will be assessed during the building permit review.  City, Regional, and Educational Development Charges (Catholic School Board) will be assessed at the time of building permit review. Fire Services  No objections. A more technical review will be provided at the time of Site Plan Application. Urban Design & Landscape Services  Parkland dedication shall be provided as a cash-in-lieu payment for the newly created residential units at a prescribed rate of 5 % for residential uses. A further detailed review of the Landscape Plan will be required as part of the future site plan application, conforming to the City's Site Plan Guidelines with respect to drawing requirements and site design.  A Tree Inventory and Preservation Plan was submitted as part of the OPA/ZBA application. Further review will occur at the Site Plan submission stage. The plan shall be developed by a certified/licensed professional arborist and shall identify and evaluate all trees on-site for potential preservation. Municipal Works (Development Engineering)  Staff have no concerns or objections. The functional servicing report was reviewed, and all the information was satisfactory. The sanitary modeling was completed for this development with no concerns. Municipal Works (Transportation Services)  Transportation Staff had no concerns. A parking study prepared by Paradigm Transportation Solutions Limited dated September 2024 was provided with the formal submission. The study concludes that the proposed parking supply exceeds the observed maximum parking, including the existing 3-storey apartment nearby at the northwest corner of Stanley Avenue and Portage Road. Page 5 of 28 Page 55 of 547  There is no municipal sidewalk next to the subject lands. The sidewalk on the east side of Stanley Avenue ends at Morning Glory Court. The construction of a sidewalk is recommended and can be a condition of the site plan application.  Transportation Staff is supportive of the applicant providing bicycle parking to provide residents transportation choice especially as the City and Region continue to expand the cycling infrastructure.  Transportation Staff has no concerns/objection with reducing the minimum aisle width, from 6.3m to 6.0m when 2.75m wide parking stall are used and the reduction of 1 required parking space. Legal Services  No objections or concerns. GIS Services  No objections or concerns. A future address will be assigned to the vacant parcel. Neighbourhood Comments A Public Information Open House was held on December 18th, 2024. The agent representing the applicant and the applicant was in attendance. Seven residents attended the meeting and five emails were received. There was a discussion and email information provided that dealt with location of the building, neighbourhood character, parking, noise/pollution, tree protection, fencing, snow removal and property values. The following are the applicant’s responses to the comments received at the open house. Staff reviewed the applicant's responses and are satisfied that the concerns have been addressed in their responses. Comment Response Location of the Building There was a comment that the building should be fronting onto Stanley Avenue with parking behind. The building is positioned in the northern area of the property, with the longer rear wall abutting the hydro corridor. This location of the building is furthest away from the rear properties on Morning Glory Court. Page 6 of 28 Page 56 of 547 After the discussions in the meeting, the applicant modified the building. The building has been shortened and the setback to the easterly property has been increased from 3.14 meters to 4.06 meters. Additionally, a storey has been removed from the ends of the reducing the height of the portions abutting the adjacent residential dwellings to 9.26 meters (two storeys) to minimize the massing and shadowing impacts on these properties. The development complies with the height requirement of the zone. The number of units remained the same. Character of the Neighbourhood Several residents expressed concerns that the proposed development is contrary to the character of the neighbourhood due to the proposed density compared with the existing single-detached neighbourhood. The subject lands are an appropriate location for intensified growth as they are located on a high- capacity arterial road and have access to municipal services and infrastructure. A three-storey apartment (the Ladona River Apartments) is located just to the south of the subject lands at Stanley Avenue and Portage Road, and a development containing 53 townhouses and a semi- detached dwelling has been approved on Thompson Road to the south of the subject lands. As a result of comments received at the open house, increased setbacks and reduced building height at the ends are being accommodated to further improve the compatibility of this development with the surrounding neighbourhood. Parking Concerns were raised regarding the sufficiency of the proposed parking supply and potential for overflow parking to be directed to adjacent residential streets. A Parking Demand Study by Paradigm Transportation Solutions was also provided with the applications which recommends that the proposed parking ratio is sufficient for the development based on the parking utilization surveys at comparable low- to mid-rise developments. City’s Transportation agrees. Page 7 of 28 Page 57 of 547 Further, the applicant is only requesting a reduction of one parking space which is a minor deviation from the existing zoning requirement and City’s Transportation staff have indicated this standard will be reduced through a future housekeeping amendment. Noise/Pollution Concerns were raised regarding potential noise pollution and idling vehicles on-site. The vehicles need to comply with the idling by-law and mitigation measures will be introduce with landscape plantings and fencing. The proposed fence was requested by the neighbours to be placed at the maximum height of the fence by-law requirements to help mitigate some noise. Tree Protection The neighbour to the east expressed concern about preservation of trees on their property. A Tree Protection Plan was submitted with the application which shows that these trees are proposed to be retained through the development. The increase in setback to this property further supports the preservation of these trees. Fencing Several adjacent neighbours indicated desire for privacy fencing along the abutting property lines. The proposed fence can be placed at the maximum height allowed under of the fence by-law requirements. Snow Removal Residents expressed concern about snow removal and snow storage for the proposed development. Snow removal will be contracted to a private company. There is space available on-site for snow storage. If storage areas become fully utilized, the condominium corporation will need the snow to be transported off-site. This will be the discretion of the condominium corporation Property Values Concerns were raised regarding potential impacts on property values from the proposed development. A well-designed residential development can contribute positively to the surrounding area by introducing new housing options, improving infrastructure, and enhancing streetscapes. The proposed development includes provision for new Page 8 of 28 Page 58 of 547 fencing and landscaping and a municipal sidewalk, all of which contribute to the overall improvement and desirability of the neighbourhood. Analysis Provincial Policies City planning decisions are to be consistent with the Planning Act and the Provincial Planning Statement, 2024. The proposal is consistent with the following matters of Provincial interest:  The proposed development satisfies matters of provincial interest as outlined in Section 2 of the Planning Act.  The proposal supports the development of safe and healthy communities through compatible infill development in an existing residential neighborhood. The proposed intensification / redevelopment represents an efficient use of an underutilized parcel that will utilize existing municipal infrastructure and services.  The proposed development is within a settlement area, which supports the provision of a full range of housing, including affordable housing as the proposed stacked townhouse dwellings represent a dwelling typology that is not commonly found in the immediate area. A significant amount of the proposed units will meet the threshold of attainable for low- and moderate-income households. The proposed development contributes to the provision of housing options that meets a range of needs and preferences in the municipality.  The PPS states sensitive land uses shall be planned and developed to avoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety. A Land Use Compatibility Study was prepared by RWDI dated February 25, 2025, that indicated the proposed development is compatible from an air quality and a detailed air quality assessment is not warranted. Furthermore, that transportation noise will exceed the thresholds set in NPC-300 and that mitigation measures will be included as part of the site plan agreement process. The industrial uses are protected as there are no compatibility issues from dust and vibration and noise mitigation measures are required generated by the traffic on Stanley Avenue. Regional Official Plan The subject land is designated as Urban Area (Built-up Area) in the Regional Official Plan. Regional Policies direct growth to settlement areas where existing servicing Page 9 of 28 Page 59 of 547 exists, and a range of housing choices and transportation options can be provided. The proposed development is within the urban area and contributes to the minimum intensification target of 50% for all residential units occurring annually within the City of Niagara Falls. City’s Official Plan The applicant requires an Official Plan Amendment to redesignate the property under a special policy area to permit a maximum density of 109 units per hectare. The recommended Official Plan Amendment is attached as Appendix 5.  An Official Plan Amendment is required to allow for a maximum net density of 109 units per hectare for the 28 stacked townhouse development on the site. The proposed amendment is appropriate for the subject site, as it supports many of the City’s housing goals including the provision of affordable rental housing and residential intensification within a designated growth area. The proposal complies with the intent of the Official Plan as follows:  The proposed development is infilling and intensification in nature. The proposal has been designed to blend into the existing neighbourhood fabric. This includes locating the building adjacent the hydro corridor and away from the adjacent single detached dwellings to the south. The development also maintains an adequate setback to the single detached dwelling to the west.  The proposed building height of 3 storeys also provides for a gentle transition from the adjacent 1- and 2-storey dwellings. This ensures that the development can be incorporated into the existing neighbourhood.  The proposed development will use existing transportation and municipal infrastructure which promotes the efficient use of existing municipal infrastructure and services that are appropriately designed to regulate the proposed use.  The property has full urban services, roadway frontage, and utilities. The proposal is located on Stanley Avenue which is approximately 700 m south of Highway 405 as well as the Queenston-Lewiston international border crossing. Niagara Region Transit serves the site with the bus stop located near the Stanley Avenue and Church’s Lane intersection, approximately 1.1km away. The Region’s Official Plan identifies Stanley Avenue as part of the Strategic Cycling Network, and the City’s Trails and Bikeways plan identifies Stanley Avenue as having wide shoulders and edge lines which are conducive to cycling.  Stamford Commercial Area is located 2.2 km away from this proposal which offers a variety of restaurants, services and retail stores. Ker Park is 1.7 km from the site and Theresa Neighbourhood Park is 900 m away. Several schools are Page 10 of 28 Page 60 of 547 nearby and within driving distance, including A.N. Myer Secondary School (2.3 km), St. Michael Catholic Secondary (2.7 km), St. Gabriel Lalemont Catholic Elementary (2 km), and Victoria Public Elementary (1.15 km). No concerns were raised by the school boards.  The proposed building also contains a mix and variety of unit types, with many of the units being affordable for low-and moderate-income households. The development therefore has regard for the provision of varying housing types that are suitable for different age groups, household sizes and incomes.  The applicant is proposing to sell 64% of the dwelling units (18) below the 2022 affordable housing rate of $539,460 of which 2 dwelling units will be sold at the $500,000 and above and the remaining 8 dwelling units to be sold in the $600,000 price level. The subject property is designated Residential and under Special Policy Area “33”. Due to the proximity of existing industrial operations and railway to the west, the applicant is required to prepare air quality (dust) studies, as well as noise and vibration studies as part of the rezoning application. A Land Use Compatibility Study was prepared by RWDI (dated February 25, 2025). The Study reviewed surrounding industries and vacant land within 1,000 m of the subject land based on the Ministry of the Environment, Conservation and Parks (MECP) D- Series Guideline, specifically D-6 Compatibility between Industrial Facilities). Four industries were identified, including Vector Tooling (2179 Stanley Avenue), Allen’s Half- way Sand Pit Ltd. (2200 Stanley Avenue), Modern Landfill Inc. (2025 Fruitbelt Parkway), and Cotton Inc. Concrete (2125 Fruitbelt Parkway). The Study identifies that there are other sensitive receptors in similar distance to this operation and the extraction activities are further than 300 m away from the proposed development. Overall, the Study determined based on the nature of the operations for all four industries, the proposed development is compatible from an air quality and a detailed air quality assessment is not warranted. A Noise Impact Study and Addendum, both prepared by dBA Acoustical Consultants Inc. (dated October 2024, and January 21, 2025, respectively). The Study was completed in accordance with the MECP NPC-300 Environmental Noise Guideline. The Study determined that transportation noise will exceed the thresholds set in NPC-300. The Study recommends the following mitigation measures to address noise exceedances:  Provisions for air conditioning for all units;  Ontario Building Code construction for windows, doors, and walls; Page 11 of 28 Page 61 of 547  Warning clauses in all agreements of purchase, sale, and/or lease advising that sound levels due to road traffic may occasionally interfere with some activities and the dwelling has been fitted to accommodate central air conditioning;  That a qualified acoustical consultant certify that the required noise control measures have been incorporated into the builder’s plans prior to issuance of a building permit; and  That a qualified acoustical consultant certify that the required control measures have been properly installed prior to an occupancy permit. Land Use Compatibility Study:  A Land Use Compatibility Study was prepared by RWDI (dated February 25, 2025). The Study determined based on the nature of the operations for all four industries, the proposed development is compatible from an air quality and a detailed air quality assessment is not warranted. Noise Impact Study:  A Noise Impact Study and Addendum, both prepared by dBA Acoustical Consultants Inc. (dated October 2024, and January 21, 2025, respectively). The study recommends mitigation measures. Any recommendations of the Noise Study can be addressed through the future Site Plan application process. Vibration Addendum Letter: An updated vibration addendum letter was provided by dBA Acoustical Consultants Inc. dated April 29, 2025. The review confirmed that there was no heavy equipment at 2200 Stanley Avenue (Allen’s Half-Way Sand Pit Ltd.) from the extractive industry that would have a noise or vibration impact on the proposed development. Confirmation was received that there will be no vibration or acoustic impact on the proposed development with the sand pit no longer in operation. The applicant has satisfied the requirements for the Special Policy Area “33”. Any mitigation measures for the Land Use Compatibility and the Noise Impact Study can be included in the site plan application process. The Land Use Compatibility Study was reviewed which was by RWDI (dated February 25, 2025). The Study reviewed surrounding industries and vacant land within 1000 m of the subject land based on the Ministry of the Environment, Conservation and Parks (MECP) D-Series Guideline, specifically D-6 Compatibility between Industrial Facilities). Four industries were identified, including Vector Tooling (2179 Stanley Avenue), Allen’s Half-way Sand Pit Ltd. (2200 Stanley Avenue), Modern Landfill Inc. (2025 Fruitbelt Parkway), and Cotton Inc. Concrete (2125 Fruitbelt Parkway). Page 12 of 28 Page 62 of 547 The Study identifies that there are other sensitive receptors in similar distance to this operation and the extraction activities are further than 300 m away from the proposed development. Overall, the Study determined based on the nature of the operations for all four industries, the proposed development is compatible from an air quality and a detailed air quality assessment is not warranted. The proposal complies with the general Industrial polices contained in Section 8 and its compatibility with the proposed residential use. The Land Use Compatibility Study determined there are no air quality and vibration Issues and there are noise mitigation measures that will be required as part of the site plan process. The proposal is compatible with the adjacent industrial uses to the north and west as these industrial uses are not considered dangerous to the general health. The City's transportation services did not request a traffic study as it was determined that there was not enough traffic generated by the industrial uses to cause traffic issues with the proposed development. Zoning By-law The subject property is currently zoned Residential Single Family 1E (R1E) Zone, in accordance with Zoning By-law No. 79-200. The applicant is proposing to rezone the lands to a site-specific Residential 5D Density (R5D) Zone to facilitate the proposed development. The recommended draft Zoning By-Law Amendment is attached as Appendix 6. The departures requested from the standard R5D zone regulations are summarized in the following table. ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION STAFF RECOMMENDATION Minimum lot frontage (west property line) 30 metres 21.18 metres Support Minimum rear yard depth (east property line) 10 metres 4.06 metres Support Minimum interior side yard (north property line) One-half the height of the building 11.58 m / 2 = 5.79 metres 3.01 metres (west) and 3.87 metres (north) Support Parking requirements Dwelling containing 4 or more dwelling units 38 parking spaces Page 13 of 28 Page 63 of 547 1.4 parking space for each dwelling unit = 39 parking spaces Minimum manoeuvring aisle 6.3 metres (for parking spaces less than 3 metres wide) 6.0 metres Support Minimum Landscaped Open space Area 45 % of the lot area 34.65 % Support The requested zoning is appropriate as follows:  The reduction of the lot frontage can be supported because the existing frontage is a result of the previous severance which separated the subject lands from the single-detached dwelling located on the north side of the property. The building is located behind the house located at 2220 Stanley Avenue, where the lot widens and provides sufficient width to accommodate the building. The frontage provides adequate width for the proposed driveway access and associated buffers.  The reduction of the rear yard requirement (east property line) can be supported because the rear yard is measured from the building to the rear lot line, which is defined as the lot line opposite to the front lot line. It functions as a side lot line for this proposal due to the organization and orientation of the proposed development. The proposed 4.06 metre setback provides an appropriate amount of separation between the proposed dwelling and the adjacent property. The rear yard abuts the side of the building, and this side of the building has no windows for privacy. The rear yard increased almost 1 metre to accommodate a concern of the neighbour.  The reduction of the interior side yard width requirement can be supported to the north lot line as the proposed setback is for a small portion located at the northeast corner of the building due to the angle of the lot line. There is a minor departure in this area which still provides adequate separation to the adjacent Hydro Corridor and does not impact any adjacent residential uses. The intent of the side yard requirement is to have sufficient room to provide access to and around the building and to deal with grading and drainage. It also provides separation for privacy. The reduction of the interior side yard to the west lot line can be supported as there is adequate space for grading and drainage and it provides sufficient room to maintain the building and provide access to the rear yard. In addition, this side of the building has no windows for privacy and still provides an appropriate amount of separation between the proposed townhouse and the adjacent property. The end unit will be 2 storeys in height which is only Page 14 of 28 Page 64 of 547 minor departure from the regulation when measured to the height of the second storey. The 2-storey end unit was redesigned based on the comments received at the open house meeting.  The reduction of one parking space can be supported as the City’s Transportation Services reviewed the departure and had no concerns. The parking study estimates that the proposed parking supply exceeds the actual parking demand for the proposed development, based on surveys of comparable developments. Furthermore, City’s Transportation staff have indicated this standard will be reduced through a future housekeeping amendment.  The reduction of the minimum manoeuvring aisle can be supported as City’s Transportation Services reviewed the departure and felt that it was minor in nature and had no concerns as the vehicles still have sufficient room to manoeuvre.  The reduction of the minimum landscaped open space can be supported has the proposal provides adequate landscape buffers and exceeds the amount of amenity area that is required for a stacked townhouse dwelling. Conclusion Staff recommend the proposed Official Plan and Zoning By-law amendment application as the proposal helps to support the City’s Housing strategy by contributing to the supply of housing that is attainable for low- and moderate-income households. The proposal contains a mix and variety of unit types, with many of the units being attainable for low-and moderate-income households. The development therefore has regard for the provision of varying housing types that are suitable for different age groups, household sizes and incomes. The location of the building is furthest away from the residential rear lands of the adjacent neighbours properties with appropriate setbacks. The requirements of Special Policy Area “33” were reviewed and have been satisfied by the different studies and recommendations. A Land Use Compatibility study indicated that the proposed development is compatible from an air quality and a detailed air quality assessment is not warranted. Furthermore, that transportation noise will exceed the thresholds set in NPC-300 and that mitigation measures will be included as part of the site plan agreement process. A vibration addendum letter indicated there are no vibration issues from their review. The industrial uses are protected as there are no compatibility issues from dust and vibration and noise mitigation measures are required generated by the traffic on Stanley Avenue. The proposal is located within the urban area and contributes to the minimum intensification target of 50% for all residential units occurring annually within the City of Niagara Falls using existing municipal infrastructure. Page 15 of 28 Page 65 of 547 Sunset Clause The timely and orderly provision of housing is a key priority for the provincial government and the City of Niagara Falls. To ensure that housing is delivered in line with the existing and planned services that are required to support it, servicing cannot be held up in developments that fail to proceed in a timely manner. To encourage the timely development of the subject lands, Staff recommend that the amending by-law includes 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 to provide flexibility. The proposed sunset clause is contemplated by Staff in accordance with Sections 34(16.1) and (16.2) of the Planning Act and Part 4, Sections 4.6.1 and 4.6.2 of the City’s Official Plan. Staff are of the opinion that the sunset clause or conditional zoning constitutes sound land use planning as it provides a mechanism to properly plan for the efficient use of the City’s services and allows for the appropriate allocation of servicing capacity for those who are ready to develop. Appeal Provision – Section 17 & 34 of the Planning Act In accordance with Sections 34(19) and 17(24) of the Planning Act, the applicant, the Minister, or a specified person, public body, or registered owner of any land to which the Official Plan Amendment/ Zoning By-law Amendment will apply, who made oral submissions at a Public Meeting or written submissions to Council prior to the adoption of the Official Plan Amendment and/or passage of the Zoning By-law Amendment, may appeal the Official Plan Amendment and/or the Zoning By-law Amendment to the Ontario Land Tribunal. Operational Implications and Risk Analysis No operational or risk implications. Financial Implications/Budget Impact The proposal will generate development charge contributions, cash-in-lieu of parkland and provide property tax revenue for the City. Strategic/Departmental Alignment The proposal promotes sustainable growth using existing infrastructure along Stanley Avenue. Strategic Plan Pillars List of Attachments APPENDIX 1 - Neighbourhood Map APPENDIX 2 - Location Map Page 16 of 28 Page 66 of 547 APPENDIX 3 - Conceptual Site Plan APPENDIX 4 - Elevation Drawings APPENDIX 5 - OPA - By-law No. xxx (Draft) and Schedule APPENDIX 6 - Zoning By-law No. xxx (Draft) and Schedule Written by: Nick DeBenedetti, Planner 2 Submitted by: Status: Signe Hansen, Director of Planning Approved - 20 May 2025 Kira Dolch, General Manager, Planning, Building & Development Approved - 21 May 2025 Jason Burgess, CAO Approved - 21 May 2025 Page 17 of 28 Page 67 of 547 APPENDIX 1 NEIGHBOURHOOD MAP Page 18 of 28 Page 68 of 547 APPENDIX 2 LOCATION MAP Page 19 of 28 Page 69 of 547 APPENDIX 3 CONCEPTUAL SITE PLAN Page 20 of 28 Page 70 of 547 APPENDIX 4 CONCEPTUAL ELEVATIONS Page 21 of 28 Page 71 of 547 Page 22 of 28Page 72 of 547 Page 23 of 28Page 73 of 547 Page 24 of 28Page 74 of 547 Page 25 of 28Page 75 of 547 Page 26 of 28Page 76 of 547 Page 27 of 28Page 77 of 547 Page 28 of 28Page 78 of 547 Address: Vacant Lot Adjacent to 2220 Stanley Avenue Applicant: Growth Social House Inc. (Chris Adams) Agent: Ethan Laman (Upper Canada Consultants) Proposal: To increase the permitted density and rezone the subject lands to facilitate the development of 28 stacked townhouse dwellings Official Plan and Zoning By-law Amendments Application - AM-2024-037 Page 79 of 547 A GREAT CITY…FOR GENERATIONS TO COME NEIGHBOURHOOD Page 80 of 547 A GREAT CITY…FOR GENERATIONS TO COME Location Page 81 of 547 A GREAT CITY…FOR GENERATIONS TO COME Background n3-storey 7-ment •The subject property is designated Residential and under Special Policy Area “33”. •The subject property is currently zoned Residential Single Family (R1E) zone in accordance with Zoning By-law 79-200, as amended. •The applicant is seeking an Official Plan Amendment to establish a special policy area that would increase the permitted density from 75 units per hectare to 109 units per hectare. •Additionally, the applicant seeks to rezone the subject property to a site-specific Residential 5D Density (R5D) zone for the development of the 28 stacked townhouse dwellings. e Page 82 of 547 A GREAT CITY…FOR GENERATIONS TO COME Official Plan Amendment •An Official Plan Amendment is required to increase the maximum density allowed from 75 units to 109 units per hectare. •The proposal will develop a vacant parcel of land for 28 stacked townhouses. The addition of the residential units will help diversity the housing supply within the urban area while minimizing land consumption. •The proposal complies with Special Policy Area “33”, for land use compatibility near industrial uses for vibration and air quality and mitigation measures required for noise. •The proposal will add 18 dwellings units that are intended to be attainable to low-income households in accordance with the City’s Housing Strategy. Page 83 of 547 A GREAT CITY…FOR GENERATIONS TO COME Zoning By-law Amendment •The subject property is currently zoned Residential Single Family (R1E) in accordance with Zoning By-law No. 79-200, as amended. •The applicant proposes to rezone the subject property to a site- specific Residential Apartment 5D Density (R5D) zone for the development of the 28 stacked townhouse dwellings. •The rezoning includes relief from various zoning requirements, such as the reduction of the minimum lot frontage, reduction of the rear yard depth, reduction of the interior side yard, a reduction of one parking space, a reduction of the minimum menoeuvring aisle width and reduction of the minimum landscape open space requirement Page 84 of 547 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief - Reduction to the minimum lot frontage from 30 m to 21.18 m. -Reduction to the rear yard depth from 10 m to 4.06 m. -Reduction of the interior side yard from 5.79 m to 3.01 m. (west) and 3.87 m. (north) -Reduction of the required parking from 39 spaces to 38 spaces. -Reduction of the parking aisle with manoeuvring from 6.3 m to 6 m. -Reduction the minimum landscape open space requirement from 45% to 34.65%.Page 85 of 547 A GREAT CITY…FOR GENERATIONS TO COME Conceptual Elevations Page 86 of 547 A GREAT CITY…FOR GENERATIONS TO COME Open House – March 13th, 2025 •A Public Information Open House was held on December 18th, 2024. The agent representing the applicant and the applicant were in attendance. Seven residents attended the meeting and five emails were received. There was a discussion and email information provided that dealt with location of the building, neighbourhood character, parking, noise/pollution, tree protection, fencing, snow removal and property values. Page 87 of 547 Comment Response Location of the Building This location of the building is furthest away from the rear properties on Morning Glory Court. After the discussions in the meeting, the applicant modified the building. The building has been shortened and the setback to the easterly property has been increased from 3.14 meters to 4.06 meters. Additionally, a storey has been removed from the ends of the reducing the height of the portions abutting the adjacent residential dwellings to 9.26 meters (two storeys) to minimize the massing and shadowing impacts on these properties. The development complies with the height requirement of the zone. The number of units remained the same. Character of the Neighbourhood The subject lands are an appropriate location for intensified growth as they are located on a high- capacity arterial road and have access to municipal services and infrastructure. As a result of comments received at the open house, increased setbacks and reduced building height at the ends are being accommodated to further improve the compatibility of this development with the surrounding neighbourhood.Page 88 of 547 Comment Response Parking A Parking Demand Study by Paradigm Transportation Solutions was also provided with the applications which recommends that the proposed parking ratio is sufficient for the development based on the parking utilization surveys at comparable low- to mid-rise developments. City’s Transportation agrees. Noise/Pollution The vehicles need to comply with the idling by-law and mitigation measures will be introduce with landscape plantings and fencing. The proposed fence was requested by the neighbours to be placed at the maximum height of the fence by-law requirements to help mitigate some noise. Tree Protection A Tree Protection Plan was submitted with the application which shows that these trees are proposed to be retained through the development. The increase in setback to this property further supports the preservation of these trees.Page 89 of 547 Comment Response Fencing Several adjacent neighbours indicated desire for privacy fencing along the abutting property lines. The proposed fence can be placed at the maximum height allowed under of the fence by-law requirements. Snow Removal Snow removal will be contracted to a private company. There is space available on-site for snow storage. If storage areas become fully utilized, the condominium corporation will need the snow to be transported off-site. This will be the discretion of the condominium corporation. Property Values A well-designed residential development can contribute positively to the surrounding area by introducing new housing options, improving infrastructure, and enhancing streetscapes. The proposed development includes provision for new fencing and landscaping and a municipal sidewalk, all of which contribute to the overall improvement and desirability of the neighbourhood.Page 90 of 547 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposed development conforms to Provincial, Regional, and City policies as it will contribute to the minimum intensification target of 50% of all residential units constructed in the Delineated Built-Up Area and provides intensification where appropriately serviced. •The proposal will help diversify the housing supply within the urban area while minimizing land consumption. It will also promote the efficient use of existing municipal infrastructure and services through the recommended regulations, which are appropriately designed to regulate the proposed 28 stackhouse dwellings. •The studies provided for the proposal reviewed compatibility with the industrial uses located to the north and west of this proposal. It was determined that there were no air quality or vibration issues and any noise generated by traffic will require mitigation measures as part of the site plan agreement. Page 91 of 547 A GREAT CITY…FOR GENERATIONS TO COME RecommendationRecommendation That Council APPROVE the Official Plan Amendment and Zoning By-law Amendment to increase the permitted density and rezone the subject lands for the development of 28 stacked townhouse dwellings, subject to the regulations outlined in report PBD-2025-33. Page 92 of 547 1 From:paulina caramia Sent:Wednesday, May 21, 2025 12:00 AM To:Nick DeBenedetti; Jim Diodati; wayne gates; Christopher Dabrowski; Tony Baldinelli; Vincvkerrio@niagarafalls.ca; Lori Lococo; Ruth-Ann Nieuwesteeg; Mona Patel; pietrangelo@niagarafalls.ca; Mike Strange Subject:[EXTERNAL]-Fw: Objection to Proposed Official Plan and Zoning By-law Amendments – 28 Stacked Townhouse Development Vacant Parcel adjacent to 2220 STANLEY AV STAMFORD; PT LOT 18 59R18159 PT 04 Assessment Roll No.: 272510000106100 Official Plan and Zoning By-law Amendment Applications City File: AM-2024-037 Owner: GROWTH SOCIAL HOUSE INC (Chris Adams) Agent: Ethan Laman (Upper Canada Consultants) Palma Caramia Niagara falls Ontario May 20 2025 To: Planning Department Niagara falls Ontario Department of Planning, Building & Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 Subject: Objection to Proposed Official Plan and Zoning By-law Amendments – 28 Stacked Townhouse Development Dear Mr Debenedetti, Sir/Madam: I am writing as the homeowner of which is directly adjacent to the site of the proposed development involving the construction of 28 stacked townhouse dwellings with 38 parking spaces. I am formally objecting to the requested amendments to the Official Plan and Zoning By-law for the following reasons: Palma Caramia Niagara Falls, Ontario May 20, 2025 To: Mr. Nick De Benedetti Page 93 of 547 2 Planner II Department of Planning, Building & Development City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Email: ndebenedetti@niagarafalls.ca Subject: Objection to Proposed Official Plan and Zoning By-law Amendments – 28 Stacked Townhouse Development Dear Mr. De Benedetti / Madame / Sir, I am the homeowner of located directly adjacent to the proposed development site at 2220 Stanley Avenue. I’m writing to formally oppose the Official Plan and Zoning By-law Amendment applications (City File AM-2024-037) submitted by Growth Social House Inc. For many years, residents here deliberately invested in this community—spending hundreds of thousands of dollars— to live in a quiet, low-density neighborhood with abundant mature trees and green space. Approving a large-scale development here would not only undermine our investments, but also destroy the privacy, environment, and peace we chose this area for. If such a high-density project is truly needed, it should be directed to sites built to support it— not imposed in the middle of an established residential street. 1. Excessive Density Increase The proposal increases density from 75 to 109 units per hectare, nearly a 45% jump. Such a significant intensification far exceeds the intent of this residential zone, and would overwhelm local infrastructure—including narrow roads, water and sewer systems, schools, and emergency services that were never designed to support this many residents. 2. Direct Impact on Adjacent Properties Reducing rear and side yard setbacks would place tall multi-unit structures mere metres from our homes. This invasion would block natural sunlight, overlook private yards, diminish air quality, amplify noise, and destroy the peace and privacy we have long enjoyed. 3. Critical Parking Shortfall With only 38 parking spaces for 28 units, the proposal assumes minimal vehicle ownership—yet many families in this area own two or more cars. This will overcrowd Morning Glory Court, causing congestion, safety hazards, obstructed sidewalks and driveways, and potential delays for emergency response vehicles. 4. Erosion of Neighborhood Character Our community’s defining features—detached and semi-detached homes surrounded by trees and open yards—stand in stark contrast to the proposed stacked townhouses. The three- to four-story structures would disrupt our cohesive visual identity, reduce curb appeal, and likely lower surrounding property values. 5. Proximity to Hydro Infrastructure The site borders significant hydro-electric infrastructure, raising concerns about electromagnetic fields (EMF), constant noise from equipment and maintenance, and safety. Placing high-density housing adjacent to such facilities conflicts with appropriate land-use buffers and compromises residential wellbeing. Page 94 of 547 3 6. Environmental & Green Space Loss Construction would require the removal of mature trees and substantial green space. This loss would harm local wildlife habitats, decrease shade and air quality, and remove the serene, natural environment residents rely on for mental and physical health. 7. Parcel Too Small – Overbuilt Design The proposed parcel cannot realistically support 28 units, parking, and livable outdoor areas without excessive variances. The result would be overcrowded buildings with minimal breathing room, direct impact on adjacent homes, and a failure to uphold the Official Plan’s mandate for human-scaled development. Conclusion: If approved as proposed, this development will permanently alter the character of our community. We—and our future—deserve better than to have our peace, privacy, environment, and property value eroded. There are other more appropriate sites in Niagara Falls designed for larger-scale development. I urge City Council to refuse this application in its current form or require a full redesign that meets existing zoning (density, setbacks, parking, lot size, green space) and respects the long-term wellbeing of current residents. Please confirm receipt of this objection and provide notice of any future meetings, reports, or decisions related to this file. Thank you for your time and careful consideration. Sincerely, Palma Caramia 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 95 of 547 1 Planning Emails Subject:[EXTERNAL]-Opposition to Official Plan and Zoning By-law Amendments – Request for Rejection -City File: AM-2024-037 Meeting May 27, 2025 5pm From: L. B. Sent: Monday, May 26, 2025 4:22 PM To: Jim Diodati <jdiodati@niagarafalls.ca>; Christopher Dabrowski <cdabrowski@niagarafalls.ca>; Tony Baldinelli <tbaldinelli@niagarafalls.ca>; Vince Kerrio <vkerrio@niagarafalls.ca>; Lori Lococo <llococo@niagarafalls.ca>; Ruth-Ann Nieuwesteeg <rnieuwesteeg@niagarafalls.ca>; Mona Patel <mpatel@niagarafalls.ca>; pietrangelo@niagarafalls.ca; Mike Strange <mstrange@niagarafalls.ca>; Nick DeBenedetti <ndebenedetti@niagarafalls.ca> Subject: [EXTERNAL]-Opposition to Official Plan and Zoning By-law Amendments – Request for Rejection -City File: AM-2024-037 Meeting May 27, 2025 5pm Dear Members of Council, I am writing to express my strong opposition to the proposed amendments to the Official Plan and Zoning By-law currently under consideration. I respectfully urge Council to reject both the re-zoning of the subject lands from R1E to R5D and the amendment to establish a special policy area that would increase the permitted residential density from 75 units per hectare to 109 units. I also ask that Council reject the proposed increase in permitted parking spaces. This development proposal does not serve the public interest or meaningfully address the housing affordability crisis. With projected unit prices ranging between $540,000 and $600,000, these tightly packed apartments are far from attainable for the average Niagara Falls resident. The average income in Niagara Falls is approximately $40,000, yet a household income of roughly $130,000 is needed to afford a $540,000 unit. The project fails to address affordability and instead serves investors or higher-income buyers, not the local community most in need of housing. This proposal also has a direct and negative impact on adjacent properties. The design includes a stairwell that sits just 2.36 metres from the neighbouring lot line, and a parking area only 1.30 metres away. These minimal setbacks compromise privacy, safety, and quality of life for nearby residents. The studies supporting this proposal were based on R5D zoning assumptions, but they do not reflect the physical and practical limitations of attempting to place such a large structure on a parcel that is less than one acre in size. This oversized building would sit immediately behind a single-storey bungalow facing Stanley Avenue, with almost no buffer between the development and the surrounding homes. Furthermore, the proposal undermines the character and original planning intent of this neighbourhood, which was zoned R1E for a reason: to preserve a quiet, low-density, family- oriented environment. Re-zoning to R5D erodes that character and sets a concerning precedent for similar communities throughout the city. While this project may generate additional tax revenue for the city, it does nothing to lower the taxes of existing residents, and it certainly will not increase the Page 96 of 547 2 value of our home. If anything, it may cause them to decline due to overdevelopment and loss of neighbourhood appeal. Concerns have also not been adequately addressed regarding the building’s proximity to existing hydro infrastructure and the lack of realistic parking solutions for the density being proposed. Overflow parking on local streets will become an issue and is not possible under current law, further adding to congestion and frustration for residents. It is also disappointing that the recommendations from the City’s Planning, Building, and Development Department staff, have not acknowledged or meaningfully addressed the concerns raised by those most directly affected. Instead, the process seems to be driven by the needs of the developer, Growth Social House Inc., operating as Newcastle Homes. Perhaps our few voices will not be heard because we don’t have the financial weight of a developer, but we urge Council to take seriously the concerns of the residents who live here, who have contributed for years to this community, and who have every right to expect thoughtful, balanced planning decisions that reflect the long-term health of our neighbourhoods. For all of the reasons above, I strongly urge Council to Reject the proposed zoning by-law amendment, the special policy area designation, and the parking increases associated with this development. Thank you for your time and consideration. Sincerely, Lina A concerned and affected resident CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 97 of 547 1 Planning Emails Subject:FW: [EXTERNAL]-2220 Stanley Avenue - Municipal File# AM-2024-037 From: Carlesso, Mary < > Sent: Tuesday, May 27, 2025 9:35 AM To: Nick DeBenedetti <ndebenedetti@niagarafalls.ca> Cc: Mary Carlesso < Subject: [EXTERNAL]-2220 Stanley Avenue - Municipal File# AM-2024-037 Good Morning Nick, Please accept the following as my written submission with my concerns for the proposal on 2220 Stanley Avenue. Proposed plan shows a sidewalk on Stanley Avenue to start at the corner of Morning Glory Court and to end at the property line after the house on 2220 Stanley Avenue. This would important for the city planners to consider since the safety of walking along Stanley Avenue is very precarious with all of the existing traffic/transport trucks using this strip to access the 405 highway. Traffic studies should have been conducted prior to this approval. What are the city plans? With the this proposal, the traffic from Morning Glory, the entrance way to the Apartments on the corner and the throughway traffic of Stanley will cause a bottle neck with the existing traffic lights that favour Stanley Ave vs Portage Road traffic. Please also consider more signage for speed control. Traffic on Stanley from Portage Road to Townline Road always exceeds the 60km/hr. posted rate. Parking issues for the proposed housing is insufficient for the number of units. Overflow will end up on Morning Glory Court that is already packed with vehicles parking on the road. Transit is not conveniently available for the proposed housing. Bylaws for garbage removal need to be enforced for this property due to the wildlife that exists, currently living in the hydro property and flows between to the sand pits. Please consider signage along our fence lines that are directly impacted by this proposal, i.e. “ Head in Parking Only”. Our lots on Morning Glory Court are wide not deep and would like to enjoy our backyards without excessive exhaust. My property contains a drainage grate in the far corner just next to the fence line and currently used for my property and neighboring properties on Morning Glory Court. The existing grading between my property and 2220 Stanley Avenue is not level, the latter is much higher than mine. Worried about overflow and erosion that may occur even with a curb around the proposed parking area. We have all landscaped our fence line and would like to be sure that proper drainage on the proposed site will be adequate. Thank you for allowing this opportunity to submit via writing. Due to my work schedule, I will try to attend tonight’s City Council meeting in person, otherwise I will sign into the live stream. Page 98 of 547 2 Thank you for your time. Sincerely, Mary Carlesso - Owner Mary Carlesso Page 99 of 547 Planning Emails Subject:[EXTERNAL]-written submission From: Carlesso, Mary < > Sent: Tuesday, May 27, 2025 9:41 AM To: Nick DeBenedetti <ndebenedetti@niagarafalls.ca> Subject: [EXTERNAL]-written submission Hello Nick, So sorry for the last minute submission! I was o work on holidays last 2 weeks and thought I had sent it first week of May! Please refer to my previous email, thanks! Have a great day, Mary Page 100 of 547 PBD-2025-32 Planning Report Report to: Mayor and Council Date: May 27, 2025 Title: AM-2024-028, Official Plan and Zoning By-law Amendment Applications 8055-8065 McLeod Road Part Township Lot 170, Stamford, Part 1, 59R-7560; s/t RO604109; City of Niagara Falls Proposal: To increase the permitted height allowed for a 10 storey (112 unit) apartment building in the Official Plan, rezone the subject lands to a Residential Apartment 5F Density (R5F) and Environmental Protection Area (EPA) Zones with site specific provisions Applicant: Niagara Falls Non-Profit Housing Agent: Agent: Max Fedchyshak (NPG Planning Solutions) Recommendation(s) 1. That Council APPROVE the Official Plan Amendment and Zoning By-law Amendment to increase the permitted height and rezone the subject lands to Residential Apartment 5F Density (R5F) and Environmental Protection Area (EPA) Zones with site specific provisions, subject to the regulations detailed in this Report. 2. That Council AUTHORIZE the amending by-law which includes 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. Executive Summary The City of Niagara Falls Non-Profit Housing Corporation has applied for an Official Plan and Zoning By-law Amendment for the lands at 8055-8065 McLeod Road (see Appendix 1 – Neighbourhood Map, and Appendix 2 – Location Map). The proposal is to develop a 10-storey, 112-unit apartment building consisting entirely of affordable housing units (see Appendix 3 – Site Plan, and Appendix 4 – Elevation Drawing). The City of Niagara Falls Non-Profit Housing Corporation is a local, non-profit organization that provides and manages affordable housing for individuals and families with low to moderate incomes across the city. Their mission is to ensure access to safe, Page 1 of 29 Page 101 of 547 affordable, and well-maintained housing while supporting tenants in achieving stable housing. As outlined in Report PBD-2024-14 dated April 9, 2024, the City has committed financial support for this project, by waiving planning fees in the amount of $35,700, as well as $183,679.90 for future building fees and $160,000 for future Community Benefit Charge fees. The Development Charge fee will be waived in the amount of $917,728, as the applicant has indicated that their proposal meets the affordable exemption threshold of the province. The total financial commitment, in the form of waives and exempted Provincial and City fees is estimated at $1,297,107.90. The requested Official Plan Amendment seeks to create a special policy area to permit an increased building height from the currently allowed 6 storeys to 10 storeys. The applicant is proposing to rezone the front portion of the site to a Residential Apartment 5F Density (R5F) Zone and the rear portion to an Environmental Protection Area (EPA) Zone. The application also requests relief from several zoning requirements, including increased building height, reduced parking, reduced landscaped open space, and reduced amenity space for apartment units. The Official Plan and Zoning By-law Amendments are recommended for the following reasons:  The proposed development conforms to Provincial, Regional, and City policies as it will contribute to the minimum intensification target of 50% of all residential units constructed in the Delineated Built-Up Area and provides intensification where appropriately serviced.  The proposal will help diversify the housing supply within the urban area while minimizing land consumption. It also promotes the efficient use of existing municipal infrastructure and services through the recommended regulations, which are appropriately designed to regulate the proposed use.  The proposed development will contribute to the City's supply of attainable housing by providing affordable units for individuals and families with low to moderate incomes. It will also support a more diverse housing mix within the neighbourhood, helping to meet the community’s growing and varied housing needs. A public open house was held on February 24, 2025. The agent, five board members from the City of Niagara Falls non-profit organization, a member from the Niagara Region, the agent and two members of the public were in attendance. Also, an email was received by a member of the public, and the response to the comments is summarized in the Neighbourhood comments section. The residents' concerns dealt Page 2 of 29 Page 102 of 547 with soil and site conditions, construction impacts on the adjacent buildings, traffic and parking, natural heritage, and affordable housing. Background Proposal The subject property, located at 8055-8065 McLeod Road, has a total area of approximately 6.71 hectares (16.6 acres). The west side of the property, covering 4.53 hectares (11.20 acres), is proposed for development with a 10-storey, 112-unit apartment building at the front, while the rear portion will be retained as an Environmental Protection Area. The east side of the property, approximately 2.18 hectares (5.38 acres), is already developed with 72 two-storey townhouse units, associated parking areas, a one-storey daycare facility with an outdoor playground, and a six-storey, 60-unit apartment building with its required parking. A future consent application is intended to sever the proposed 10-storey apartment building from the existing developed portion of the site (see Appendix 5 - Future Severance for Part 1 and Part 2). A subsequent Site Plan approval application will follow once the Official Plan Amendment (OPA), Zoning By-law Amendment (ZBA), and Consent are approved. The property is designated "Residential" in part and "Environmental Protection Area" in part, in the City’s Official Plan. An Official Plan Amendment is required as the proposed 10-storey building exceeds the six-storey height limit permitted within the Built-Up Area. The applicant seeks to introduce a Special Policy Area to allow a maximum building height of 10 storeys for Part 1. The property is currently subject to split zoning under Zoning By-law No. 79-200, as amended. The developed portion (east side) is zoned Residential Low Density Multiple Dwelling (R4) for Part 2, while the undeveloped west side, where the 10-storey building is proposed, is zoned Transition Residential Multiple (TRM) for Part 1. The TRM zone permits a use that was lawfully being carried out on the date of the by-law, a detached dwelling, a home occupation, a group home type 1, accessory buildings or structures, a bed and breakfast in a detached dwelling and additional dwelling units subject to the provisions of Section 4.45 in accordance with Zoning By-law No. 79-200, as amended. The applicant is proposing to rezone the front portion of the site to a Residential Apartment 5F Density (R5F) Zone and the rear portion to an Environmental Protection Area (EPA) Zone in Part 1. The application also requests relief from several zoning requirements, including increased building height, reduced parking, reduced landscaped open space, and reduced amenity space for apartment units. Page 3 of 29 Page 103 of 547 On April 9, 2024, by way of Report PBD-2024-014, Council approved financial assistance for this proposal. The Niagara Falls Non-Profit Housing Corporation (NFNP) is proposing to construct the new development and will enter into an agreement with Niagara Regional Housing to secure and enhance the affordability of the units. To support the project’s financial viability, NFNP will also pursue funding assistance through the Canada Mortgage and Housing Corporation (CMHC). The proposed development will provide a total of 112 rental units, consisting of 50 units targeted to households within the low- to moderate-income range, and 62 units targeted to households within the moderate- to high-income affordable rental range. This project will assist the City in meeting its target of delivering 270 new affordable housing units annually, as outlined in the City's housing strategy. Site Conditions and Surrounding Land Uses The subject property has a total area of approximately 6.71 hectares (16.6 acres). The west side of the property, covering 4.53 hectares (11.20 acres), is proposed for the new development with a 10-storey, 112-unit apartment building as shown in Part 1. The east side of the property, approximately 2.18 hectares (5.38 acres), is already developed with 72 two-storey townhouse units and a 6 storey apartment building as noted in part 2. Surrounding land uses include:  North - John N. Allen Park  South – McLeod Road, Vacant Land zoned R5B, and EPA lands  East – Commercial Plaza - Apartment Building, Townhouse Dwellings, Finacial Institutions, Retail and Restaurants  West – Residential Uses - Townhouse Dwellings, and Proposed Apartment Dwellings Required Studies A Wind Study and Sun Shadow Study are required in support of the proposed increase in building height to 10 storeys to ensure that the potential impacts of the development on the surrounding environment are appropriately assessed and mitigated. Taller buildings have the potential to create adverse microclimatic conditions, including elevated wind speeds and increased shadowing on adjacent properties, public spaces, and pedestrian areas. The Wind Study evaluates potential changes to pedestrian-level wind conditions and recommends mitigation measures to ensure pedestrian comfort and safety. Similarly, the Sun Shadow Study assesses the extent and duration of shadow impacts on surrounding properties and public areas throughout the year, ensuring that access to sunlight is maintained to an acceptable degree. These studies provide the necessary technical analysis to support informed decision-making and to ensure that the proposed development integrates sensitively with the existing context. Page 4 of 29 Page 104 of 547 The following summarizes the outcomes of both the Wind Study and Sun Shadow Study: Wind Study A wind assessment prepared by RWDI, dated July 17, 2024, identified that the highest wind speeds are anticipated at the northwest and southeast corners of the site, where wind speeds may become uncomfortable in the winter and potentially exceed the wind safety limit. To mitigate these conditions, the installation of landscaping elements such as coniferous trees, wind screens, and trellises is recommended at these locations to discourage pedestrian activity near the corners and to reduce wind speeds affecting adjacent parking spaces and the drop-off area. Additionally, it is recommended that the snow storage area currently proposed at the northwest corner be relocated away from the building to minimize snow drifting into the drop-off area. Mitigation measures will be addressed at the site plan stage. Sun Shadow Study The City's shadow Terms of Reference (TOR) states that the proposal needs to minimize the impact of shadow on existing adjacent properties from new development, adjacent residential amenity areas should receive at a minimum of 6 hours of sunlight between 10am to 6pm. (April 21 to Sept 21). The TOR states the proposal needs to maximize the functionality of private outdoor amenity spaces associated with new developments with rear yards, rooftop spaces, balconies, decks, and other shared common spaces, amenity areas should receive at least 4 hours of sun between 10am to 6pm. (April 21 to September 21) A shadow study prepared by ACK Architects, dated September 21, 2023 concludes that the proposed development will result in only minor shadow impacts on the adjacent 6- storey apartment building to the east. The proposed building has been strategically positioned at the centre of the site, thereby minimizing shadow impacts on surrounding properties. In addition, appropriate separation distances have been provided to further mitigate potential shadowing. The low-rise residential buildings to the west will not experience any shadowing between the hours of 10:00 a.m. and 6:00 p.m. at any time throughout the year. The 6-storey apartment building to the east will experience limited shadowing during the following periods: between 4:00 p.m. and 6:00 p.m. on April 21; between 5:00 p.m. and 6:00 p.m. on June 21; between 3:00 p.m. and 6:00 p.m. on September 21; and between 3:00 p.m. and 4:00 p.m. on December 21. While some shadowing will occur along the western elevation of the 6-storey apartment building, residents will continue to receive a substantial amount of sunlight during the morning and early afternoon periods. Adjacent residential amenity areas will be protected from shadowing between 10am to approximately 3pm in the Spring and Fall. At this point shadows impact the western interior side yard of the existing 6 storey building. Page 5 of 29 Page 105 of 547 A common patio is provided at the southwestern corner of the building, and this area will not feature any shadowing impacts. Terraces located at the southeastern corner also will not feature shadowing impacts. Rear yard amenity spaces and the EPA area will not be impacted by shadowing. There will be no shadowing impacts on the public realm. Circulation Comments Information about the requested Official Plan and Zoning By-law Amendments were circulated to City departments, agencies, and the public for comments. The following summarizes the comments received to date. Ministry of the Environment, Conservation and Parks The Ministry’s Species at Risk Branch (SARB) reviewed the Final Environmental Impact Statement Report and the Tree Saving Plan, both prepared by Ecological & Environmental Solutions and have no additional comments or concerns if the proper mitigation measures list them are followed as noted in the reports. Niagara Region Niagara Region staff reviewed the Environmental Impact Statement prepared by Ecological & Environmental Solutions dated September 2024 and concluded that a minimum 15 m buffer from the Provincial Significant Wetland (PSW) is recommended to preserve the existing topography and hydrology of the wetland providing a buffer which will protect the Significant Woodland. The proposal indicates a minimum setback from the PSW/Significant Woodand of 21 metres and a maximum 35 metres is achieved from all buildings and structures including parking area. Regional staff offer no objection provided the extent of PSW and Significant Woodland and recommended setbacks are identified with an appropriately restrictive environmental designation and zone. A Stage 1-2 Archaeological Assessment, prepared by Archaeological Consultants Canada (dated August 29, 2024) was submitted with the applications. The Stage 2 test pit surveys resulted in no identification or documentation of archaeological resources. Therefore, the licensed archaeologist recommended no further study work. The Ministry of Citizenship and Multiculturalism’s acknowledgement letter of the report being entered into the Ontario Public Register of Archaeological Reports and meeting the terms and conditions of the archaeologist’s license is required. This requirement can be provided through the future site plan application. The Niagara Region staff will require future engineering drawings be submitted for staff to review and approve, for any crossings of the Regional watermain on McLeod Road. This can be managed through the future site plan application. Page 6 of 29 Page 106 of 547 Niagara Peninsula Conservation Authority The NPCA staff reviewed the proposal and are satisfied with the findings, recommendations and mitigation measures as outlined in the Environmental Impact Statement (EIS) prepared by Ecological & Environmental Solutions dated September 2024. A revised site plan should be included with any future circulations that clearly identifies the wetland, wetland buffer, buffer setback distances from the closest point(s) of development to the feature with erosion and sediment controls. The NPCA recognizes a future consent will be proposed between the new development, and the existing development on the east side of the property. The NPCA acknowledges that this lot line is placed in a location as far from the feature as possible, along the edge of the manicured lawn along the existing Townhouse development. Due to site constraints, and that this severance will not serve to create a landlocked parcel, the NPCA is willing to accept this proposed severance limit. Mississauga of Credits First Nation The information was circulated and no concerns or comments received. Building Services Building Services has no objections to the applications. Fire Services The Fire Department has no comments or concerns with the applications. Urban Design & Landscape Services Parkland dedication shall be provided as a cash-in-lieu payment for the newly created residential units at a prescribed rate of 5% for residential uses not meeting the affordability threshold identified in the Provincial Housing Affordable Bulletin. A Landscape Plan will be required as part of the future site plan application, conforming to the City's Site Plan Guidelines. A Tree Inventory and Preservation Plan will be required, and the recommendations of the plan shall be implemented at the Site Plan submission stage. Page 7 of 29 Page 107 of 547 Municipal Works (Development Engineering) Staff reviewed the third-party modelling assessment and have no concerns. A detailed review of the engineering design will occur at the Site Plan Application stage. Municipal Works (Transportation Services) Transportation Staff identified to the applicant that it would support this proposal using a 1.15 rate for the residential units as the site abuts an active transit route along McLeod Road. A cursory review noted that the site has a good internal network of walkways, with a pedestrian connection from the main building entrance to the McLeod Road sidewalk and a secondary walkway along the eastern edge of the project. Transportation Staff are supportive of the applicant providing bicycle parking to provide residents with transportation choice especially as the City and Region continue to expand its active transportation infrastructure. Bike lanes are present on McLeod Road. There is a transit service on McLeod Road, with a bus stop next to the existing development. Legal Services No concerns with respect to the applications. GIS Services No objections or concerns. A further review of addressing will be dealt with at the site plan stage. Neighbourhood Comments A public open house was held on February 24, 2025. The agent, five board members of the City of Niagara Falls non-profit organization, a member from the Niagara Region, the agent and two members of the public were in attendance. Also, an email was received by a member of the public. A response was provided by the agent based on the concerns noted by the members of the public. Page 8 of 29 Page 108 of 547 Comment Response Site and Soil Conditions Is it suitable for the proposal? With a wetland designation, is the soil suitable for development? Where the lands previously used as a landfill? A preliminary soil assessment was included as part of the Environmental Impact Statement included with this application. Much of the study area contains highly disturbed lands and soils that are compacted with gravel. A geotechnical study will be required as part of a building permit application to further investigate the soils. The wetland designation is limited to the north portion of the site; apartment building and related site development is located outside of the wetland area and it buffer. Niagara Region and Niagara Peninsula Conservation Authority staff have visited the site with the Owner’s ecological consultant and confirmed the location of the wetland. The lands were not previously used as a landfill. Earth material from the widening of the Chippawa Hydro Canal (circa 1934) was reportedly imported in the vicinity of the Subject Lands. Engineered fill materials will be used on- site, if required. Construction Impacts on Adjacent Buildings Will construction of apartment building lead to issues for the adjacent apartment buildings? The adjacent apartment building in question (8065 McLeod Road) is also owned by the Owner of the Subject Lands. It is in the Owner’s interests to ensure that construction on the Subject Lands do not impact the adjacent buildings. A pre-construction survey will be completed on adjacent buildings to identify any pre-existing issues, serving as a baseline for comparison after construction to determine if any damage occurred. Traffic and Parking Concern with traffic impact on McLeod Road. The City’s Transportation Services did not request a Traffic Impact Study due to the Page 9 of 29 Page 109 of 547 It is preferred if the parking area and driveway on the proposal are connected to the development to the east. Why does the Site Plan contain three EV charging spaces? Are there enough accessible parking spaces? number of trips expected to be generated by the development. A 112-unit apartment is expected to generate less than 50 new bidirectional trips in the peak hour. Based on trip distribution estimates from other traffic studies done in the area, most of the inbound traffic would originate from the east (from the QEW and major commercial area, and therefore drivers would make a right turn into the site and vice versa for outbound traffic. The driveway north of the existing apartment building at 8065 McLeod Road has been planned to connect to the west, to the proposed development site. This will provide tenants of both properties with additional access to McLeod Road. The number of EV charging spaces shown on the Site Plan is conceptual at this time and can change based on the final design. Six accessible parking spaces are shown on the Site Plan, which exceeds the City’s requirements. This is also conceptual at this time. Natural Heritage Concern with removal of trees on- site and displacement of animals. An Environmental Impact Study and Tree Saving Plan were submitted for review with the OPA and ZBA applications. To date, staff from the Niagara Region and Niagara Peninsula Conservation Authority have reviewed and provided comments to the City, offering no objections to findings. Ministry of Environment, Conservation and Parks (MECP) staff have also provided comments, notably regarding removal of trees within specific timing windows so as to limit disturbance during active bat season and that the mitigations measures are followed. Affordable Housing The development is proposed to contain a mix of rental rates and unit sizes, resulting in a Page 10 of 29 Page 110 of 547 Concern that development is creating segregation of affordable housing units. variety of tenants. Analysis Provincial Policies City planning decisions are to be consistent with the Planning Act and the Provincial Planning Statement, 2024. The proposal is consistent with the following matters of Provincial interest:  The proposed development satisfies matters of provincial interest as outlined in Section 2 of the Planning Act.  The proposal will be of a compact built form, promoting efficient use of land within the Settlement Area by locating on a regional cycling network, a municipal transit corridor, helping to promote active transportation options and located near a range of commercial and personal services.  The proposed new apartment building will develop a vacant parcel into a multiple-unit rental development, for one-bedroom and two-bedroom units, making more efficient use of an underutilized site.  The proposal is located on McLeod Road, that would connect to this existing infrastructure, including municipal services. This approach is consistent with the policies of the PPS that require the efficient use of infrastructure including municipal services and indicate that municipal services are the preferred form of servicing in Settlement Areas. Regional Official Plan The subject land is designated as Urban Area (Built-up Area) in the Regional Official Plan. Regional Policies direct growth to settlement areas where existing servicing exists, and a range of housing choices and transportation options can be provided. The proposed development is within the urban area and contributes to the minimum intensification target of 50% for all residential units occurring annually within the City of Niagara Falls. City’s Official Plan The property is designated "Residential" in part and "Enviromental Protection Area" in part, in the City’s Official Plan. An Official Plan Amendment is required as the proposed Page 11 of 29 Page 111 of 547 10-storey building exceeds the 6-storey height limit permitted within the Built-Up Area. The applicant seeks to introduce a Special Policy Area to allow a maximum building height of 10-storeys in Part 1. See Appendix 6 for the draft Official Plan amendment. When considering an Official Plan Amendment, Council is to consider the conformity of the proposal with the general objectives of the Plan, the suitability of the site or area for the proposed use, the compatibility of the proposed use with adjacent land use designations, the need for the use, the availability of adequate municipal services and facilities for the proposed use, and its financial implications. The proposal complies with the intent of the Official Plan as follows:  The proposed new apartment building with an increased height, represents an efficient use of serviced urban land as both transportation and municipal infrastructure have adequate capacity to accommodate the proposal.  The proposed new apartment building will develop a vacant parcel into a multiple-unit rental development, for attainable one-bedroom units and two- bedroom units making more efficient use of an underutilized site.  The proposed apartment building will provide a more diversified housing mix options located within the neighbourhood.  The proposed building provides for increased side and rear yard setbacks to mitigate impacts on adjacent land-uses and provide an appropriate buffer and transition from the low-density units. The building facades include different building materials, along with a range of window types and balconies to create visual interest and an attractive built form while also providing for natural light within the units.  The proposed development is located entirely outside of the Provincial Significant Wetland (PSW). The assessment undertaken by Ecological & Environmental Solutions, dated September 2024, confirms that the proposed development is located entirely outside of the potential occurrence of habitat of endangered and threatened species within the PSW at the Subject Lands. No habitat of endangered and threatened species were discovered outside of the PSW. The PSW and Significant Woodlot will not negatively be impacted through the establishment of the 15-metre buffer zone.  The site is supported by full urban services, existing public roadway frontage and utilities. The location of the proposal is within a short distance to schools, park, commercial land uses and public transit service. The site is 50 metres to a neighbourhood commercial plaza at the corner of McLeod Road and Kalar Road and 300 metres to a commercially zoned property at the corner of McLeod Road and Montrose Road. The property is serviced by Niagara Region Transit routes Page 12 of 29 Page 112 of 547 #105/205 and #113. Bus stops are located on both sides of McLeod Road, east of Kalar Road and just west of the subject lands.  John N. Allen Park is located approximately 275 metres from the site. Several elementary and secondary schools from both the District School Board of Niagara and the Niagara Catholic District School Board are nearby, including Westlane (1,700 metres away), St. Michael Secondary School (600 metres), and Loretto Catholic Elementary School and Kate S. Durdan School (600 metres). A future public elementary school is currently under construction located 200 metres away to the west of the subject property which can also service this development. There is also land ownership of a future catholic elementary approximately 175 metres to the west of this proposal The school boards had no concerns or comments.  On April 9, 2024, (PBD-2024-014), Council approved financial assistance for this proposal. The Niagara Falls Non-Profit Housing Corporation (NFNP) is proposing to construct the new development and will enter into an agreement with Niagara Regional Housing to secure and enhance the affordability of the units. To support the project’s financial viability, NFNP will also pursue funding assistance through the Canada Mortgage and Housing Corporation (CMHC).  The applicant has stated that they intend to rent 45 one-bedroom units at $770 a month, 29 one-bedroom + den at $1,120 a month and 28 two-bedroom units at $1,610 a month. According to the Niagara Falls Housing Strategy (January 2022), the one-bedroom units will be attainable as all 74 units will be $1,150 a month and the two-bedroom units are just above the attainable rate in accordance with Table 3-2 Market Rents, Apartments.  The Provincial Housing Affordable Bulletin, June 1, 2024, indicates the affordable monthly rental rate for 1-bedroom units for the City Niagara Falls is $1,200 and $1,317 for a 2-bedroom units. The applicant stated that all 74 units will be rented below the one-unit level threshold, and the 28 2-bed room units will be rented above the $1,317 level. As outlined in Report PBD-2024-14 dated April 9, 2024, the City has committed financial support for this project, by waiving planning fees in the amount of $35,700, as well as $183,679.90 for future building fees and $160,000 for future Community Benefit Charge fees. The Development Charge fee will be waived in the amount of $917,728, as the applicant has indicated that their proposal meets the affordable exemption threshold of the province. The total financial commitment, in the form of waives and exempted Provincial and City fees is estimated at $1,297,107.90. Zoning By-law The proposal is currently zoned Transition Residential Multiple (TRM), in accordance with Zoning By-law 79-200. The applicant is proposing to rezone the subject property to Page 13 of 29 Page 113 of 547 a Residential Apartment 5F Density Zone (R5F) Zone in the front portion and the Environmental Protection Area (EPA) in the back portion in Part 1. See Appendix 7 for details of the Zoning By-law Amendment. The City's Official Plan had the back portion of the proposal designated Environmental Protection Area. The TRM zone pre-dated the Official Plan. The rezoning of the rear lands to an EPA allows the zone to match the designation in art 1. Furthermore, the studies provided with the proposal expanded the EPA area which provides further protection in this area. The departures requested from the standard R5F zone regulations are summarized in the following table: ZONE REGULATION EXISTING REGULATION PROPOSED REGULATION STAFF RECOMMENDATION Maximum Height of Building or Structure 28 metres subject to section 4.7 37.7 metres SUPPORT Parking and Access 1.4 parking spaces for each dwelling unit: 112 dwelling units at 1.4 parking spaces = 157 required parking spaces 1.15 parking spaces for each dwelling unit total = 129 parking spaces SUPPORT Minimum Landscaped Open Space Area 55 % of the lot area 46.3 % of the developable lot area SUPPORT Minimum Amenity Space for an Apartment Building 20 square metres for each dwelling unit 18.9 square metres for dwelling unit SUPPORT  The proposed increase in building height is considered appropriate as the development provides adequate setbacks from all lot lines, minimizing potential impacts on adjacent properties. A Sun Shadow Study has demonstrated that shadowing effects will be minimal, largely due to the central placement of the building on the site. The increase in height facilitates the more efficient use of land within the urban boundary along an arterial road, where higher-density development is encouraged. Furthermore, the additional height enables the creation of more residential floors, contributing to the supply of affordable housing units and supporting the City's affordable housing objectives. Page 14 of 29 Page 114 of 547  The reduction of the parking standard to the rate of 1.15 can be supported as the City’s Transportation Staff identified that the proposal abuts an active transit route along McLeod Road. The proposal is within 10-minute walking distance of a variety of commercial and personal service uses and the frontage of McLeod Road is designated as part of the Regional Niagara Bicycling Network.  The reduction of the minimum landscaped open space can be supported as the proposal is within walking distance of John N. Allen Park, with a significant landscape amenity space and a patio located within the front yard of the building.  The proposed reduction in required amenity space for the apartment building is also considered acceptable. Each residential unit will be provided with a private balcony, and residents will have access to a community room and an outdoor patio on-site. Moreover, the site's close proximity to John N. Allen Park offers additional opportunities for outdoor recreation and leisure, further mitigating the impact of the reduction. Conclusion In the opinion of Staff, the proposed Official Plan and Zoning By-law Amendment represent good planning and are consistent with the City's policy objectives and is consistent with matters of Provincial interest. The subject site is well-situated in proximity to existing commercial nodes and transit facilities, supporting the City's vision of promoting walkable, bikeable, and complete communities. The proposed apartment building is appropriately designed and located on the site, providing sufficient setbacks from property boundaries to ensure compatibility with adjacent uses. The development will contribute positively to the housing mix within the neighbourhood and will add to the supply of attainable housing units within the City. Supporting technical studies, including servicing and environmental reports, have been completed and confirm that the development can be adequately serviced and that no adverse environmental impacts are anticipated. Environmentally sensitive lands will be protected through the implementation of a 15-metre development buffer. Furthermore, the proposal will support the mandate of the City of Niagara Falls Non-Profit Housing Corporation by addressing the urgent need for safe, affordable, and well-maintained housing options for individuals and families with low to moderate incomes across the City. Overall, the proposal aligns with broader municipal goals for sustainable growth, housing diversity, and community building. Sunset Clause The timely and orderly provision of housing is a key priority for the provincial government and the City of Niagara Falls. To ensure that housing is delivered in line with the existing and planned services that are required to support it, servicing cannot be held up in developments that fail to proceed in a timely manner. To encourage the timely development of the subject lands, Staff recommend that the amending by-law includes a sunset clause to require the execution of a Site Plan Agreement within three Page 15 of 29 Page 115 of 547 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 to provide flexibility. The proposed sunset clause is contemplated by Staff in accordance with Sections 34(16.1) and (16.2) of the Planning Act and Part 4, Sections 4.6.1 and 4.6.2 of the City’s Official Plan. Staff are of the opinion that the sunset clause or conditional zoning constitutes sound land use planning as it provides a mechanism to properly plan for the efficient use of the City’s services and allows for the appropriate allocation of servicing capacity for those who are ready to develop. Appeal Provision – Section 17 & 34 of the Planning Act In accordance with Sections 17(24) and 34(19) of the Planning Act, the applicant, the Minister, or a specified person, public body, or registered owner of any land to which the Official Plan Amendment/Zoning By-law Amendment will apply, who made oral submissions at a Public Meeting or written submissions to Council prior to the adoption of the Official Plan Amendment and/or passage of the Zoning By-law Amendment, may appeal the Official Plan Amendment and/or the Zoning By-law Amendment to the Ontario Land Tribunal. Operational Implications and Risk Analysis No operational implications and risk analysis. Financial Implications/Budget Impact The proposal will generate development charge contributions, cash-in-lieu of parkland and provide property tax revenue for the City. The City's contribution impact for savings to the applicant is $219,539.90 from Planning, Building and Community Benefit fees. Furthermore, there is an additional Development Charges fee exemption savings of $917,728.00. These contributions will assist in increasing the affordability for these units as indicated in the Financial Assistance request report that went to Council on April 9, 2024. Strategic/Departmental Alignment The proposal promotes sustainable growth using existing infrastructure along McLeod Road. Strategic Plan Pillars Sustainability - Social Page 16 of 29 Page 116 of 547 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 APPENDIX 1 - Neighbourhood Map APPENDIX 2 - Location Map APPENDIX 3 - Conceptual Site Plan APPENDIX 4 - Conceptual Elevation Drawings APPENDIX 5 - Future Severance APPENDIX 6 - OPA - By-law (Draft) APPENDIX 7 - Zoning - By-law (Draft) Written by: Nick DeBenedetti, Planner 2 Submitted by: Status: Signe Hansen, Director of Planning Approved - 20 May 2025 Kira Dolch, General Manager, Planning, Building & Development Approved - 21 May 2025 Jason Burgess, CAO Approved - 21 May 2025 Page 17 of 29 Page 117 of 547 APPENDIX 1 NEIGHBOURHOOD MAP Page 18 of 29 Page 118 of 547 APPENDIX 2 LOCATION MAP Page 19 of 29 Page 119 of 547 APPENDIX 3 CONCEPTUAL SITE PLAN Page 20 of 29 Page 120 of 547 APPENDIX 4 CONCEPTUAL ELEVATIONS Page 21 of 29 Page 121 of 547 Page 22 of 29Page 122 of 547 Page 23 of 29Page 123 of 547 Page 24 of 29Page 124 of 547 Page 25 of 29Page 125 of 547 Page 26 of 29Page 126 of 547 Page 27 of 29Page 127 of 547 Page 28 of 29Page 128 of 547 Page 29 of 29Page 129 of 547 Address: 8055-8065 McLeod Road Applicant: Niagara Falls Non-Housing Profit Agent: Max Fedchyshack (NPG Planning Solutions) Proposal: To increase the permitted height allowed for a 10 storey (112 Unit) in the Official Plan, rezone the subject lands to Residential Apartment 5F Density (R5F) and Environmental Protection Area (EPA) zones with site specific regulations Official Plan and Zoning By-law Amendments Application - AM-2024-028 Page 130 of 547 A GREAT CITY…FOR GENERATIONS TO COME NEIGHBOURHOOD Page 131 of 547 A GREAT CITY…FOR GENERATIONS TO COME Location Page 132 of 547 A GREAT CITY…FOR GENERATIONS TO COME Background n3-storey 7-ment •The subject property is designated “Residential” in part, and “Environmental Protection Area” in part. •The proposal is currently zoned Transition Residential Multiple (TRM) zone in accordance with Zoning By-law 79-200, as amended. •The applicant is seeking an Official Plan Amendment to establish a special policy area that would increase the permitted height of the apartment building from 6 storeys to 10 storeys. •Additionally, the applicant seeks to rezone the proposal to a site- specific Residential 5F Density (R5F) zone for the development of the 10-storey, 112-unit apartment building in the front portion and an Environmental Protection Area (EPA) in the rear portion. e Page 133 of 547 A GREAT CITY…FOR GENERATIONS TO COME Official Plan Amendment •An Official Plan Amendment is required to increase the maximum height allowed from 6 storeys units to 10 storeys. •The new apartment building with an increased height, represents an efficient use of serviced urban land as both transportation and municipal infrastructure have adequate capacity to accommodate the proposal. •The proposed development is located entirely outside of the Provincial Significant Wetland (PSW). No habitat of endangered and threatened species were discovered outside of the PSW. The PSW and Significant Woodlot will not negatively be impacted through the establishment of the 15-metre buffer zone. •The proposal will provide 74 one-bedroom units that are below the attainable rate of $1,150 a month in accordance with the Niagara Falls Housing Strategy. Page 134 of 547 A GREAT CITY…FOR GENERATIONS TO COME Zoning By-law Amendment •The proposal is currently zoned Transition Residential Multiple (TRM) in accordance with Zoning By-law No. 79-200, as amended. •The applicant proposes to rezone the subject property to a site- specific Residential Apartment 5F Density (R5F) zone for the front portion and the Environmental Protection Area (EPA) in the back portion. •The rezoning includes relief from various zoning requirements, such as the increase of the height requirement for a building or structure, reduction of the required parking for each dwelling unit, reduction of the landscaped open space requirement, and a reduction of the amenity space required for an apartment building. Page 135 of 547 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief - Increase the height of the building from 28 metres to 37.7 m. subject to section 4.7. -Reduction of the required parking from 157 parking spaces to 129 parking spaces, standard from 1.4 to 1.15 parking spaces per dwelling. -Reduction of the required landscape open space from 55% of the lot area to 46.3% for that zone. -Reduction of minimum amenity space for an apartment building from 20 sq.m. to 18.9 sq.m. Page 136 of 547 A GREAT CITY…FOR GENERATIONS TO COME Conceptual Elevations Page 137 of 547 A GREAT CITY…FOR GENERATIONS TO COME Future Severance Page 138 of 547 A GREAT CITY…FOR GENERATIONS TO COME Open House – March 13th, 2025 •A Public Information Open House was held on February 24, 2025. The agent, five board members from the City of Niagara Falls non-profit organization, a member from the Niagara Region, the agent and two members of the public were in attendance. Also, an email was received by a member of the public. The residents' concerns dealt with soil and site conditions, construction impacts on the adjacent buildings, traffic and parking, natural heritage, and affordable housing. Page 139 of 547 Comment Response Site and Soil Conditions Is it suitable for the proposal? With a wetland designation, is the soil suitable for development? Where the lands previously used as a landfill? A preliminary soil assessment was included as part of the Environmental Impact Statement included with this application. Much of the study area contains highly disturbed lands and soils that are compacted with gravel. A geotechnical study will be required as part of a building permit application to further investigate the soils. The wetland designation is limited to the north portion of the site; apartment building and related site development is located outside of the wetland area and it buffer. Niagara Region and Niagara Peninsula Conservation Authority staff have visited the site with the Owner’s ecological consultant and confirmed the location of the wetland. The lands were not previously used as a landfill. Earth material from the widening of the Chippawa Hydro Canal (circa 1934) was reportedly imported in the vicinity of the Subject Lands. Engineered fill materials will be used on- site, if required.Page 140 of 547 Comment Response Construction Impacts on Adjacent Buildings Will construction of apartment building lead to issues for the adjacent apartment buildings? The adjacent apartment building in question (8065 McLeod Road) is also owned by the Owner of the Subject Lands. It is in the Owner’s interests to ensure that construction on the Subject Lands do not impact the adjacent buildings. A pre-construction survey will be completed on adjacent buildings to identify any pre-existing issues, serving as a baseline for comparison after construction to determine if any damage occurred. Traffic and Parking Concern with traffic impact on McLeod Road? The City’s Transportation Services did not request a Traffic Impact Study due to the number of trips expected to be generated by the development. A 112-unit apartment is expected to generate less than 50 new bidirectional trips in the peak hour. Based on trip distribution estimates from other traffic studies done in the area, most of the inbound traffic would originate from the east (from the QEW and major commercial area, and therefore drivers would make a right turn into the site and vice versa for outbound traffic.Page 141 of 547 Comment Response It is preferred if the parking area and driveway on the proposal are connected to the development to the east. Why does the Site Plan contain 3 EV charging spaces? Are there enough accessible parking spaces? The driveway north of the existing apartment building at 8065 McLeod Road has been planned to connect to the west, to the proposed development site. This will provide tenants of both properties with additional access to McLeod Road. The number of EV charging spaces shown on the Site Plan is conceptual at this time and can change based on the final design. Six accessible parking spaces are shown on the Site Plan, which exceeds the City’s requirements. This is also conceptual at this time. A minimum of five is required. Natural Heritage Concern with removal of trees on- site and displacement of animals. An Environmental Impact Study and Tree Saving Plan were submitted for review with the OPA and ZBA applications. To date, staff from the Niagara Region and Niagara Peninsula Conservation Authority have reviewed and provided comments to the City, offering no objections to findings.Page 142 of 547 Comment Response Ministry of Environment, Conservation and Parks (MECP) staff have also provided comments, notably regarding removal of trees within specific timing windows so as to limit disturbance during active bat season and that the mitigations measures are followed. Affordable Housing Concern that development is creating segregation of affordable housing units. The development is proposed to contain a mix of rental rates and unit sizes, resulting in a variety of tenants.Page 143 of 547 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposed development conforms to Provincial, Regional, and City policies as it will contribute to the minimum intensification target of 50% of all residential units constructed in the Delineated Built-Up Area and provides intensification where appropriately serviced. •The proposal will help diversify the housing supply within the urban area while minimizing land consumption. It will also promote the efficient use of existing municipal infrastructure and services through the recommended regulations, which are appropriately designed to regulate the proposed 10 storey, 112-unit apartment building. •The proposed development will contribute to the City's supply of attainable housing by providing affordable units for individuals and families with low to moderate incomes. It will also support a more diverse housing mix within the neighbourhood, helping to meet the community’s growing and varied housing needs. Page 144 of 547 A GREAT CITY…FOR GENERATIONS TO COME RecommendationRecommendation That Council APPROVE the Official Plan Amendment and Zoning By-law Amendment to increase the permitted height allowed and rezone the subject lands for the development of a 10 storey, 112 unit apartment building, subject to the regulations outlined in report PBD-2025-32. Page 145 of 547 8055 McLeod Road City of Niagara Falls Applications for Official Plan Amendment, Zoning By-law Amendment and Consent For: Niagara Falls Non-Profit Housing Corporation May 27th, 2025 Prepared by:Page 146 of 547 Description of Subject Lands & Surrounding Context Municipal Address •8055 McLeod Road (Part of Township Lot 170, Being Part 2, Plan 59R-7560 Township of Stamford) Existing Use •Vacant (Wooded Area) (Part 1) •Townhouse development (Part 2) Location Details: •Frontage: 138.6 metres along McLeod Road •Area: 4.53 hectares Niagara Falls Official Plan Designation: •Residential and Environmental Protection Area Niagara Falls Zoning By-law: •Transition Residential Multiple (TRM)Page 147 of 547 Neighbourhood Context •In proximity to a range of commercial uses •On existing public transit line •750 metre from Canadian Drive Transit Hub •500 metres from MacBain Community Centre •Immediately south of John Allan Park Page 148 of 547 Proposed Development Development: •Units: •112 apartment dwelling units geared to seniors •616 sqft to 875 sqft in size •Height: •10 storeys (37.7m) •Parking •129 parking spaces provided (1.15 per dwelling) •64 bicycle parking spaces •Setbacks •23.3m from western property line •27.9m from eastern property line Future Severance •Sever the existing vacant portion of the lands (Part 1) from the developed portion (Part 2) •June 24, 2025 hearing date Page 149 of 547 Site Plan Page 150 of 547 Perspective Views Page 151 of 547 Perspective Views Page 152 of 547 Proposed Official Plan Amendment Existing and Proposed Designation: •Residential and Environmental Protection Area (EPA) Official Plan Amendment •Redesignate the lands to a Special Policy Area designation to permit an apartment building 10 storeys in height •Update EPA boundary mapping Page 153 of 547 Proposed Zoning By-law Amendment Proposed Zoning: •Residential Apartment 5F (R5F-XX) •Environmental Protection Area (EPA) •Revised Zone Boundaries for existing R4-268 Zone Proposed Zoning Relief (R5F-XX Zone): •Maximum Height •28m permitted, 37.7 proposed (10 storeys) •Minimum Parking Requirements •1.4 spaces/unit required, 1.15 spaces/unit proposed •Minimum Landscape Open Space •55% required, 45% proposed •Minimum Amenity Space •2,240 sqm required, 2,112 sqm proposed Page 154 of 547 •Open House meeting held February 25, 2025, at City Hall •Comments/questions received regarding: •Soil conditions •Wetland designation •Construction timelines •Total number of accessible spaces •Concern with removal of trees on-site and displacement of animals •Concern regarding segregation of affordable units Open House Page 155 of 547 The application is consistent with the Provincial Planning Statement and in conformity with the Niagara Official Plan, and the City of Niagara Falls Official Plan. The development will be compatible with the surrounding neighbourhood and contributes to a well-designed streetscape. The Subject Lands are in proximity to public transit, biking, walking paths and a variety of commercial, institutional, and recreational amenities. The applications enable the development of 112 apartment dwelling units for seniors and increase diversity of housing choice in the City of Niagara Falls. Summary Page 156 of 547 Thank you!Page 157 of 547 PBD-2025-31 Planning Report Report to: Mayor and Council Date: May 27, 2025 Title: AM-2025-004 Zoning By-law Amendment Application 6645,6655 and 6665 McLeod Road Proposal: 42 Stacked Townhouse Dwellings Applicant: Alexandre Araujo (McLeod Development Inc) Agent: Licheng Lim (NPG Planning Solutions) Recommendation(s) 1. That Council APPROVE the Zoning By-law Amendment to rezone the lands to a site-specific Residential Low Density – Grouped Multiple Dwellings (R4) zone to facilitate the construction of 42 stacked townhouses, as outlined in this report. 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. Executive Summary NPG Planning Solutions have applied for a Zoning By-law Amendment on behalf of the owner Alexandre Araujo. The subject lands are comprised of 3 parcels, totaling 0.43 hectares (1.06 acres) in area, which consist of 6645, 6655 and 6665 McLeod Road (see Appendix 1 – Neighbourhood Map, and Appendix 2 – Location Map). The proposal is to construct 42 stacked townhouse dwellings in 3 blocks with a future easement required to facilitate a shared driveway with the property to the east at 6633 McLeod Road. The development will consist of 12 one-bedroom units, 22 two-bedroom units and 8 three- bedroom units (see Appendix 3 – Site Plan, and Appendix 4 – Conceptual Elevations). 28 of the 42 units will be affordable/attainable as the estimated purchase prices range from $313,950 to $693,000 for the 1 and 2-bedroom unit options. The applicant is proposing to rezone the property from a Residential Low Density – Grouped Multiple Dwelling (R4) zone to a site-specific R4 (R4-XXX) zone to permit Page 1 of 22 Page 158 of 547 more than 8 dwelling units in a townhouse block. The application requests relief from several zoning requirements including reductions in lot area, front, side and rear yard setbacks, parking ratio, landscaped open space, amenity space, and maneuvering aisle. The Zoning By-law Amendment is recommended for the following reasons:  The proposed development conforms with Provincial, Regional, and City policies as it is transit supportive and supports the achievement of a complete community, will assist the City in meeting its intensification targets, and will provide additional housing choices for residents.  The proposal will minimize urban land consumption and efficiently use underutilized land and is serviced by existing municipal services with no traffic/transportation impacts expected.  The introduction of additional multiple dwellings will contribute to the diversification of housing supply within the urban area as prescribed by the 2024 Provincial Planning Statement (PPS) as well as the Regional and City Official Plans. A public open house was held on April 9th, 2025 and was attended by Staff, the applicant and the agent for the applicant. No members of the public attended the Open House. Notice of the public open house was circulated to property owners within a 120 metre radius of the subject lands on March 26, 2025 and the notice of public meeting was mailed to the same radius on April 25, 2025. A public meeting sign was also installed on the property on May 7, 2025. Written correspondence was received which supported the application in principle, however requested that the rear yard balconies of Block C be prohibited, and that the landscaping in the front yard be increased. Staff’s responses are summarized in the Neighbourhood comments section of this report. Background Proposal The application proposes 42 three-storey stacked townhouses in 3 blocks, with 46 surface parking spaces. An easement will be required in the future to facilitate a shared driveway with the neighbouring property at 6633 McLeod Road. The neighbouring property (6633 McLeod Road) received approval for an Official Plan and Zoning By-law Amendment on April 18th, 2023 (AM2022-029) which included one four storey stacked townhouse building with 18 dwelling units and a rear yard parking layout. The future easement will ensure that both the subject lands, and 6633 McLeod Road have appropriate will easement The driveway. shared the via sites be to access a implemented during the Site Plan Control process. Page 2 of 22 Page 159 of 547 The lands are designated Residential in accordance with the City’s Official Plan and are located within the McLeod Road Intensification Corridor, where a density range of 65 – 150 units per hectare is permitted. The proposed density is 105 units per hectare and as such, no Official Plan Amendment is required. The property is currently zoned Residential Low Density Grouped Multiple Dwellings (R4) zone under By-law 79-200, as amended. The applicant seeks to rezone the site to a site-specific R4 (R4-XX) zone to allow for the development of the townhouse dwelling units. requirements zoning several from including requests application The relief reductions in lot area, front, side and rear yard setbacks, parking ratio, landscaped open space, amenity space, and maneuvering aisle. Site Conditions and Surrounding Land Uses The subject lands have a total area of approximately 0.43 hectares (1.06 acres), are located at the north side of McLeod Road, and comprise three lots known as 6645 , 6655 and 6665 McLeod Road. The immediate surrounding land uses consist of the following:  North – Detached dwellings, adjacent lands zoned R4  East – Detached dwellings and apartment dwellings, lands approved for 18 stacked townhouse dwellings  South – 60 stacked townhouse dwellings under construction across McLeod Road  West – Vacant land and detached dwellings The subject properties are located along Transit Route 103 and approximately 80 m from the bus stop. This line provides multiple connections to various other City Transit Lines, WEGO Transit Lines and Regional Transit Lines. These transit lines offer opportunities to provide residents with considerable access to the City as well as the Region. Several elementary and secondary schools, of the District School Board of Niagara, Niagara Catholic District School Board, and Conseil Scolaire Catholique MonAvenir, are within walking or driving distance, including:  James Morden Public School (300 m)  Ecole Notre-Dame de la Jeunesse (430 m)  Heximer Avenue Public School (775 m)  Father Hennepin Catholic Elementary School (1,100 m)  Stamford Collegiate (2,300 m) Page 3 of 22 Page 160 of 547  Westlane Secondary School (2,700 m)  St. Michael Catholic Secondary School (3,100 m) Nearby parks also include:  Prince Charles Park (370 m)  Fern Park (485 m)  Wilson Park (530 m)  Westfield Park (590 m) Circulation Comments Information about the requested Zoning By-law Amendment was circulated to City Departments, agencies and the public for comments. Comments were received from internal departments and external agencies and have been summarized below. Niagara Region Regional Staff do not object to the proposal as it aligns with Provincial and Regional policies promoting intensification within settlement areas and built-up areas. It contributes to the City's intensification targets and also provides diverse housing options. Municipal Works (Development Engineering) Municipal Works has no objections to the Zoning By-law Amendment. A draft third-party infrastructure modelling assessment has been completed and there are no concerns. A detailed engineering design review will occur at the Site Plan stage. Municipal Works (Transportation Services) The proposed development, which is located on a Regional Road, does not require a traffic impact study as the proposed development is not anticipated to generate over 100 trips to and form the site during peak hours. The City's current zoning by-law 79-200, as amended, requires 59 parking spaces, while the applicant is proposing 46 spaces. Transportation Staff is supportive of the proposed 46 spaces, being 1.1 spaces per unit, as this proposed rate is consistent with the City’s updated parking requirements expected to be released later this year. The plan includes the required provision of two accessible parking spaces with specific signage a supports Staff and requirements. dimension reduced Transportation maneuver aisle width of 6.0m and a shared driveway arrangement with the adjacent property, as well as the proposed walkway connections. Finally, the site is serviced by two Niagara Region Transit bus routes, and Transportation Staff has no objections to the proposed zoning. Page 4 of 22 Page 161 of 547 Urban Design and Landscape Services Cash-in-lieu parkland dedication will be required for those units not deemed affordable. Tree Preservation and Landscape Plans shall align with City Site Plan Guidelines. The applicant must follow the City's Urban Design Guidelines, addressing aspects like walkability, lighting, aesthetics, and materials. These matters can be addressed through the Site Plan Control application. Building Services All Building permit requirements will be addressed under the Building Permit review process. City and Regional Development Charges will be assessed during the review of the building permit application submission. Fire Department The Fire Department has no concerns with the proposed Zoning By-law Amendment. GIS Services GIS Services has no concerns with the proposed Zoning By-law Amendment and notes that the existing civic addresses will be revised to one address. Enbridge Enbridge gas has no objections to the proposed Zoning By-law Amendment. Canadian Niagara Power Canadian Niagara Power has no concerns with the proposed Zoning By-law Amendment. Mississauga’s of the Credit First Nation No comments were received. Six Nations No comments were received. Page 5 of 22 Page 162 of 547 Neighbourhood Comments A public open house was held on April 9, 2025 and was attended by Staff, the applicant and the agent for the applicant. No members of the public attended the Open House. Written correspondence was received which supported the application in principle, however requested that the rear yard balconies of Block C be prohibited, and that the landscaping in the front yard be increased. Staff have provided the following responses:  To address concerns from neighbouring properties, the applicant has reduced the size of the balconies. At the time of the first submission, the balconies were 7.5 square metres in area and spanned the entire width of the units. To address these concerns, the applicant has reduced the size of the balconies to 3.78 square metres and the balconies now only take up roughly half the width of the unit.  Additionally, Sugar Maple trees—reaching average heights of 12 to 21 metres compared to Block C’s proposed height of 9.7 metres—will be planted in the rear yard to provide screening. These plantings will be secured through the site plan approval process. Additionally, fencing will be installed along the rear yard of the subject lands which will also be secured during the site plan approval process. Finally, the applicant is not proposing to exceed the maximum building height which is permitted in the by-law.  A required road widening along McLeod Road limits space for front yard landscaping while still meeting the Official Plan’s density targets. The proposal includes landscaping in all front yard areas not used for pedestrian access, featuring deciduous trees, shrubs, ornamental grasses, and sod. The land dedicated for road widening may also accommodate future street trees, in line with the Region’s Urban Design Guidelines. Analysis Provincial Policies City planning decisions are to be consistent with the Planning Act and the Provincial Planning Statement, 2024. The proposal conforms as follows:  The proposal satisfies matters of Provincial interest as outlined in Section 2 of the Planning Act. Page 6 of 22 Page 163 of 547  The proposal supports the creation of a complete community. The Provincial Planning Statement, 2024 notes that complete communities take different shapes and forms appropriate to their contexts to meet the diverse needs of their populations.  The proposal makes more efficient use of underutilized parcels of land.  The proposal is located on McLeod Road, that would connect to this existing infrastructure, including municipal services. This approach is consistent with the policies of the PPS that require the efficient use of infrastructure including municipal services and indicate that municipal services are the preferred form of servicing in Settlement Areas. Regional Official Plan The subject land is designated as Urban Area (Built-up Area) in the Regional Official Plan. Regional Policies direct growth to settlement areas where existing servicing exists, and a range of housing choices and transportation options can be provided. The proposed development is within the urban area and contributes to the minimum intensification target of 50% for all residential units occurring annually within the City of Niagara Falls. City Official Plan The Official Plan designates the subject lands as Residential and within the McLeod Road Intensification Corridor. The proposal complies with the Official Plan as follows:  The proposed development will make use of 3 underutilized lots within the Urban Area, surrounded by existing residential uses.  The subject lands have frontage on McLeod Road, a designated arterial road and intensification corridor in the City's Official Plan, the Subject Lands are well- suited for higher density development due to their proximity to the Drummond Road commercial node and existing transit access.  The proposed density is 105 units per hectare, which conforms to the density range of 65-150 units per hectare identified in the McLeod Road Intensification Corridor.  The proposed development will deliver a number of affordable and attainable ownership units. Of the 42 total units, 28 (67%) are expected to be priced within affordable ranges for low- and moderate-income households, as defined by the Page 7 of 22 Page 164 of 547 2024 Provincial Bulletin for Affordable Housing. Specifically, 1-bedroom units are projected to sell between $313,950 and $373,100, 2-bedroom units between $398,450 and $693,000, and 3-bedroom units between $756,600 and $954,800. For context, the Bulletin identifies an affordable townhouse price of $319,800 and an average market sale price of $590,000. This development will contribute 28 units toward the City’s target of delivering 135 affordable ownership units per year, aligning with the Niagara Region’s affordability criteria. Overall, the proposal represents a meaningful step in addressing the City’s affordable housing needs.  The proposal supports the City’s housing affordability objectives and aligns with regional policy. According to the Affordable Residential Units for the Purposes of the Development Charges Act, 1997 Bulletin, the affordable purchase price threshold for townhouse dwellings is $319,800, compared to an average market price of $590,000. The proposed development includes several units priced below both the affordable threshold and the average market price which will result in exemptions to the development charges and cash-in-lieu of parkland dedication as per the Section 4.1 of the Development Charges Act. Zoning By-law The subject property is currently zoned Residential Low Density, Grouped Multiple Dwellings (R4) zone in accordance with By-law 79-200, as amended. The applicant is proposing to rezone the lands to a site- specific R4 zone to facilitate the proposed development. See Appendix 5 for details of the Zoning By-law Amendment. The departures requested from the standard R4 zone regulations are summarized in the following table: ZONE REGULATIONS EXISTING REGULATIONS REQUESTED REGULATIONS STAFF RECOMMENDATION Minimum lot area 200 square metres/ unit 200 square metres x 42 units = 8,400 square metres 95.85 square metres/unit 95.85 square metres/unit x 42 units = 4,025.68 square metres (after road widening) Support Minimum front yard depth for a stacked townhouse dwelling 7.5 m + 15.25 m from the original centre line of McLeod Road 2.8 m + 15.25 m from McLeod Road Support Minimum rear yard 10 metres 6 metres Support Page 8 of 22 Page 165 of 547 ZONE REGULATIONS EXISTING REGULATIONS REQUESTED REGULATIONS STAFF RECOMMENDATION depth for a stacked townhouse dwelling Minimum interior side yard width One- half of the building height proposed height: 10 metres/2 = 5 metres 2.77 metres (Block A) 3 metres (Block C) Support Parking and access requirements 1.4 parking spaces per unit 1.4 x 42 dwelling units = 58.8 59 parking spaces 1.10 parking spaces per unit 1.10 x 42 dwelling units = 46 parking spaces Support Minimum landscaped open space 45 square metres for each dwelling unit 20.73 square metres for each dwelling unit Support Minimum amenity space for an apartment dwelling unit or stacked townhouse dwelling unit 20 square metres for each dwelling unit 20 sq. m. x 42 dwelling units = 840 square metres 10.8 square metres for each dwelling unit 10.8 sq. m. x 42 dwelling units = 453.6 square metres Support Minimum manoeuvring aisle 6.3 metres 6 metres 3.75 metres (for parking spaces 30- 37 Support The requested zoning is appropriate as follows:  The proposed reduction in minimum lot area is appropriate. The intent of this requirement is to ensure sufficient space for parking and amenity areas. The development provides 46 surface parking spaces and includes private balconies and convenient access to nearby parks, offering adequate amenity space for future residents. The proposed front, rear, and interior side yard setbacks are appropriate and support a well-designed development. The reduced front yard for Page 9 of 22 Page 166 of 547 Block A maintains green space and pedestrian access while framing McLeod Road and accommodating the required road widening. The rear yard setback for Block C provides adequate separation from adjacent properties, including landscaping, a 1.8 m fence, and tree screening. Interior side yards are suitably designed with minimal impact, using windowless walls, setbacks exceeding requirements in some areas, and landscaping buffers to protect neighboring properties.The parking requirements are appropriate as the parking ratio (1.10 spaces per unit) matches the anticipated updates to the Zoning By-law provided by the Municipal Works Department. Additionally, the site is conveniently located along a transit route that provides intercity and interregional connections.  The reduced landscaped open space and amenity space are appropriate, as surface parking is needed to support the development and underground parking would impact affordability. The proposal includes 439 sqm of amenity space through landscaped areas, private rear yards (Blocks B and C), and balconies, complemented by nearby municipal parks within a 10–15 minute walk. This level of amenity is comparable to similar developments and provides residents with adequate recreational opportunities.  The proposed 6 metre maneuvering aisle width is sufficient to accommodate vehicle movements and will not impact traffic flow or cause vehicle conflicts. Additionally, the 3.75 metre width adjacent to parking spaces 30-37 is a technical amendment as the shared driveway will provide a full driveway width of 7 metres. Conclusion In conclusion, Planning Staff support this application as the proposed Zoning By-law Amendment site-specific a to Road McLeod 6655, and 6645, rezone to 6665 Residential Low Density – Grouped Multiple Dwellings (R4) zone is appropriate and represents good planning. The amendment will enable the development of 42 stacked townhouse units, supporting the City’s residential intensification goals and contributing to a broader mix of housing, including affordable ownership options. The site’s location along a designated intensification corridor and major arterial road further reinforces its suitability for this form of development. The requested site-specific provisions related to lot area, setbacks, parking, and landscaped and amenity space are reasonable given the site's physical constraints and urban context. These modifications are offset by thoughtful site design, adequate surface parking, private amenity spaces, and proximity to parks, transit, and community services. The inclusion of a sunset clause ensures the timely implementation of the project. Overall, the proposal aligns with broader municipal goals for sustainable growth, housing diversity, affordable housing and community building and should be approved by Council as outlined in this report. Page 10 of 22 Page 167 of 547 Sunset Clause Timely and orderly provision of development is a key priority for the provincial government and the City of Niagara Falls. To ensure that developments are delivered in line with the existing and planned services that are required to support it, servicing cannot be held up in developments that fail to proceed in a timely manner. To encourage the timely development of the subject lands, Staff recommend that the amending by-law includes 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 to provide flexibility. The proposed sunset clause is contemplated by Staff in accordance with Sections 34(16.1) and (16.2) of the Planning Act and Part 4, Sections 4.6.1 and 4.6.2 of the City’s Official Plan. Staff are of the opinion that the sunset clause or conditional zoning constitutes sound land use planning as it provides a mechanism to properly plan for the efficient use of the City’s services and allows for the appropriate allocation of servicing capacity for those who are ready to develop. Appeal Provision – Section 34 of the Planning Act In accordance with Sections 34(19) of the Planning Act, the applicant, the Minister, or a specified person, public body, or registered owner of any land to which the Zoning By- law Amendment will apply, who made oral submissions at a Public Meeting or written submissions to Council prior to the passage of the Zoning By-law Amendment, may appeal the Zoning By-law Amendment to the Ontario Land Tribunal. Operational Implications and Risk Analysis No operational or risk implications. Financial Implications/Budget Impact The proposed development will generate development charge contributions, parkland dedication and property tax revenue for the City. There are no other financial implications. Strategic/Departmental Alignment Although this proposal does not directly align with the Pillars of the 2023-2027 Strategic Plan, it does support the achievement of a liveable community and increase the supply of housing in support of the City’s housing targets and pledge. Strategic Plan Pillars Page 11 of 22 Page 168 of 547 List of Attachments Appendix 1 - Neighbourhood Map Appendix 2 - Location Map Appendix 3 - Site Plan Appendix 4 - Conceptual Elevations Appendix 5 - Draft ZBA and Schedule Written by: Chris Roome, Planner 2 Submitted by: Status: Signe Hansen, Director of Planning None Kira Dolch, General Manager, Planning, Building & Development None Jason Burgess, CAO None Page 12 of 22 Page 169 of 547 Neighbourhood Map Print Date:© City of Niagara Falls 5/21/2025 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Subject Lands Page 13 of 22 Page 170 of 547 Location Map Print Date:© City of Niagara Falls 5/21/2025 This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Subject Lands Page 14 of 22 Page 171 of 547 DASHED LINE & HATCHED AREA INDICATE PROP. ROAD WIDENING PLOT 6633ENTRY BLOCK- A6 ROWS 18 UNITS BLOCK- B4 ROWS 12 UNITS SHARED DRIVEWAY 3.75 M WIDE EACH SIDE16 7 10 14 29 37 WASTE COLLECTION BLOCK- C 4 ROWS 12 UNITS13.266.27 6.27 6.27 6.27 11 aisle7.50 84.0522 23 30 3846 1 0.151.009.871.450.151.500.156.156.156.15 6.15 6.15 6.15 1.00 1.50 0.15 7.50 1.96 1.502.758.506.006.006.001.50 3.90 1.501.500.151.346.256.256.256.251.200.1512.09 1.60 1.50 6.00 12.09 1.45 0.15 2.752.7512.000.151.500.151.4513.262.75 2.75 6.751.501.603.106.002.90 EX. TREES TO REMAIN EX. TREES TO REMAIN EX. TREES TO REMAIN DASH LINE INDICATE BUILDING TO BE DEMOLISHED PROP. FIRE HYDRANT 2m clearance for Fire Hydrant EXISTING FIRE HYDRANT PROP. CONCRETE SIDEWALK PROPERTY LINE [6000]19' - 8 1/4"PROP. TREES PROP. TREES PROP. TREES MCLEOD RD PROP. SHRUBS PROP. SHRUBS PROP. AREA FOR FEATHER REED GRASS 30.36MCLEOD RD. CENTERLINE18.053.79FRONT YARD SETBACKPROP. TRANSFORMER PROP. TRANSFORMER PROP. TRANSFORMER PROP. TRANSFORMER DASHED LINE INDICATE THE WOOD SIDING PROJECTION 16.750.30DASHED LINE INDICATE THE WOOD SIDING PROJECTION DASHED LINE INDICATE THE WOOD SIDING PROJECTION 3.75 3.75 2.422.731.33 5.843.00 4.826.635.088.2343.322.102.143.056.00 3.00 3.00 1.503.90 ACCESSIBLE PARKING SIGNAGE DEPRESSED CURB R4 ZONE REGULATIONS (a) Minimum lot area 200 square metres (2,152.8 sq. ft.) for each dwelling unit(i) for an apartment dwelling or stacked townhouse dwelling (b) Minimum lot frontage (i) for a townhouse dwelling or an apartment dwelling or stacked townhouse dwelling containing more than four dwelling units 30 metres (98.4 ft.) (c) Minimum front yard setback (i) for an apartment dwelling or stacked townhouse dwelling7.5 metres (24.61 ft.) plus any applicable distance specified in section 4.27.1 (d) Minimum rear yard setback (i) for an apartment dwelling or stacked townhouse dwelling10 metres (32.81 ft.) plus any applicable distance specified in section 4.27.1. e) Minimum interior side yard setback one-half the height of the building (10 /2= 5 m) (f) Minimum exterior side yard width (i) for an apartment dwelling or stacked townhouse dwelling7.5 metres plus any applicable distance 24.6 ft. specified in section 4.27.1 (g) Maximum lot coverage35 %(h) Maximum height of building or structure10 metres (32.81 ft.) subject to section 4.7 (i) Deleted by By-law No. 2011-136 (j) Number of dwellings on one lotsubject to compliance with section 7.9.3, more than one dwelling is permitted on one lot (k) Parking and access requirements in accordance with section 4.19.1 (l) Accessory buildings and accessory structures in accordance with sections 4.13 and 4.14 (m) Minimum landscaped open space45 square metres (484.4 sq. ft.) for each dwelling unit (n) Minimum privacy yard depth for each townhouse dwelling unit, as measured from the exterior rear wall of every dwelling unit (2008-148) 7.5 metres (o) Minimum amenity space for an apartment dwelling unitSubject to compliance with section 4.44,Min. 20 sm per dwelling unit (42 Units, 840sm) RequirementProposalProvision 95.85 sm (1031.72 sq. ft.) for each dwelling unit 46.33 m (152 ft.) 3.79 m (12.43 ft.) 6 m (19.68 ft.) 3 m (9.84 ft.) N/A Block A = 10 m (32.81 ft.)Block B = 10 m (32.81 ft.)Block C = 10 m (32.81 ft.) 3 20.73 sm (223.14 sq. ft.) for each dwelling unit 42 units x 1.4 = 58.8 parking spaces 46 parking spaces 25.11 % 439.94 sm 42 Units x 95.85 sm = 4025.68 sq. m. (w/o road widening area) N/A (p) Total soft landscape areaN/A844.36 sm(20.04 % of the LOT Area w/o road widening) TOTAL LOT AREA w/o road widening area 43332.46 sq. ft. / 4025.68 sq. m. TYPES OF SURFACE MATERIAL PAVED DRIVEWAY PEDESTRIAN WALKWAY SOFT LANDSCAPE SIMBOL DECORATIVE LAMP POST LED DIRECTIONAL PATH LIGHTS STREET LIGHTS DESCRIPTION DIMNESIONS H: 2-3 Mw: 0.3 M H: 0.5 M W: 0.1 M H: 4-6 MTOP W: 0.7 MBOTTOM W: 0.2 M Accessible Parking Sign Each accessible parking space must be signed and marked according to the prevailing by-law requirements, which includes:One authorized disabled parking sign on display;One '$300.00 Fine' sign tab directly beneath the authorized disabled parking sign;Both signs are to be permanently installed at the front and centre of the parking stall and mounted at a height of 1.0 metres to 1.5 metres from the ground to the bottom of the sign; SYMBOL DESCRIPTION DRAWING No. JOB No. SCALE TITLE DATE PROJECT 1 2 3 4 1649 ST. Clair Avenue W, TORONTO ON M6N1H7email: permits@mxleng.cawebsite: www.mxleng.caPhone: 437.995.4003 MXL ENGINEERING & ASSOCIATES, INC. DRAWN BY APPROVED BY DATENO.DESCRIPTION OF ISSUE 5 6 7 6645, 6655 & 6665 McLeod Road As indicated Site Plan A01.01 227-2947 Apr. 23, 2025 RP IK SCALE: 1" = 1'-0" 0. SURVEY NOTES+ BENCHMARK + BEARING SCALE: 1" = 30'-0"1SITE PLAN MUNICIPALITY & PROJECT INFORMATION - PROJECT TYPE & DESCRIPTION - MUNICIPALITY - ZONING DESIGNATION LOT SIZE EXISTING -NORTH (REAR) -SOUTH (FRONT) -EAST-WEST TOTAL LOT AREA 102.00 ft/ 217.46 ft/ 369.48 ft/369.49 ft/ 45424.99 ft²/ 6655 Mcleod Rd NIAGARA R4 31.09 m 66.28 m 112.62 m 4220.12 m² 112.62 m NORTHSCALE: 1/4" = 1'-0" Legend 1 ISSUED FOR CLIENT APPROVAL 10/10/2024 Net Floor Area BLOCK/UNITAreaArea BLOCK A - UNIT 1505 ft²47 m² BLOCK A - UNIT 2483 ft²45 m² BLOCK A - UNIT 3961 ft²89 m² BLOCK A - UNIT 4990 ft²92 m² BLOCK A - UNIT 5500 ft²46 m² BLOCK A - UNIT 6533 ft²50 m² BLOCK B - UNIT 1641 ft²60 m² BLOCK B - UNIT 2613 ft²57 m² BLOCK B - UNIT 31202 ft²112 m² BLOCK B - UNIT 41204 ft²112 m² BLOCK B - UNIT 5647 ft²60 m² BLOCK B - UNIT 6676 ft²63 m² BLOCK C - UNIT 1715 ft²66 m² BLOCK C - UNIT 2683 ft²63 m² BLOCK C - UNIT 31351 ft²125 m² BLOCK C - UNIT 41393 ft²129 m² BLOCK C - UNIT 5706 ft²66 m² BLOCK C - UNIT 6753 ft²70 m² Grand total: 18114558 ft²1352 m² Gross Floor Area (GFA) - Block A BLOCK A - UNIT 1635 ft²59 m² BLOCK A - UNIT 2582 ft²54 m² BLOCK A - UNIT 3709 ft²66 m² BLOCK A - UNIT 4709 ft²66 m² BLOCK A - UNIT 5582 ft²54 m² BLOCK A - UNIT 6635 ft²59 m² BLOCK A - UNIT 7635 ft²59 m² BLOCK A - UNIT 8582 ft²54 m² BLOCK A - UNIT 91294 ft²120 m² BLOCK A - UNIT 101294 ft²120 m² BLOCK A - UNIT 11582 ft²54 m² BLOCK A - UNIT 12635 ft²59 m² BLOCK A - UNIT 13635 ft²59 m² BLOCK A - UNIT 14582 ft²54 m² BLOCK A - UNIT 151294 ft²120 m² BLOCK A - UNIT 161294 ft²120 m² BLOCK A - UNIT 17582 ft²54 m² BLOCK A - UNIT 18635 ft²59 m² Gross Floor Area (GFA) - Block B BLOCK B - UNIT 1793 ft²74 m² BLOCK B - UNIT 2741 ft²69 m² BLOCK B - UNIT 31576 ft²146 m² BLOCK B - UNIT 41576 ft²146 m² BLOCK B - UNIT 5741 ft²69 m² BLOCK B - UNIT 6793 ft²74 m² BLOCK B - UNIT 7793 ft²74 m² BLOCK B - UNIT 8741 ft²69 m² BLOCK B - UNIT 91576 ft²146 m² BLOCK B - UNIT 101576 ft²146 m² BLOCK B - UNIT 11741 ft²69 m² BLOCK B - UNIT 12793 ft²74 m² Gross Floor Area (GFA) - Block C BLOCK C - UNIT 1874 ft²81 m² BLOCK C - UNIT 2807 ft²75 m² BLOCK C - UNIT 32331 ft²217 m² BLOCK C - UNIT 42331 ft²217 m² BLOCK C - UNIT 5807 ft²75 m² BLOCK C - UNIT 6874 ft²81 m² BLOCK C - UNIT 7874 ft²81 m² BLOCK C - UNIT 8807 ft²75 m² BLOCK C - UNIT 91746 ft²162 m² BLOCK C - UNIT 101746 ft²162 m² BLOCK C - UNIT 11807 ft²75 m² BLOCK C - UNIT 12874 ft²81 m² ,7,12,13 ,18 ,18 ,7 ,12 ,7 ,8,11,14 ,17 ,9,10,15 ,16 ,11 ,10 ,9 ,8 ,11 ,10 ,9 ,8Page 15 of 22Page 172 of 547 GENERAL NOTES: 1- NO WORK TO ENCROACH ON ADJOINING PROPERTIES 2- SMOKE ALARMS SHALL BE INSTALLED ON EACH STOREY OF A DWELLING UNIT. INCLUDING BASEMENTS AS PER O.B.C 9.10.18.2. [1] [a] [b] and [c] 3- CARBON MONOXIDE DETECTORS :IN EACH ROOM THAT CONTAINS A FUEL BURNING APPLIANCE PROVIDE A CARBON MONOXIDE DETECTOR ON OR NEAR THE CEILING EQUIPPED WITH AN ALARM AUDIBLE THROUGHOUT DWELLING UNIT OR INTERCONNECT WITH SMOKE ALARM SO THAT WHEN THE CARBON MONOXIDE DETECTOR IS ACTIVATED. IT WILL ACTIVATE THE SMOKE ALARM AS PER O.B.C. 9.33.4.1.[1] AND AS PER O.B.C. 9.33.4.2.[1] [2] AND [4] 4- EXCAVATION NOTES : EXCAVATION AND / OR CONSTRUCTION ON ADJACENT PROPERTIES REQUIRES THE CONSENT OF AFFECTED PROPERTY OWNER(S). 5- EVERY EXCAVATION SHALL BE UNDERTAKEN IN A MANNER AS TO PREVENT MOVEMENT WHICH WOULD CAUSE DAMAGE TO ADJACENT PROPERTY. EXISTING STRUCTURES , UTILITIES, ROADS AND SIDEWALKS AT ALL STAGES OF CONSTRUCTION. 6- MIN. SOIL BEARING CAPACITY 150KPa. SOIL IS NOT PEAT, FILL OR SENSITIVE CLAY. THE DISTANCE BETWEEN THE BOTTOM OF FOOTINGS AND THE WATER TABLE IS EQUAL TO OR GREATER THAN THE WIDTH OF THE FOOT'GS. 7- WHERE THE DEPTH OF EXCAVATION EXCEEDS 4'-0", EXCAVATE AT 45° ANGLE OR IN ACCORDANCE WITH APPROVED SHORING DETAILS. STRUCTURE IS NOT LOCATED ON GROUNDS HAVING A SLOPE STEEPER THAN 1 VERTICAL TO 2 HORIZONTAL. 8- SURFACE DRAINAGE SHALL NOT BE DISCHARGED DIRECTLY OR INDIRECTLY ONTO A SIDEWALK, DRIVEWAY, STAIRWAY OR AN ADJOINING PROPERTY. 9- TREES ON PRIVATE PROPERTY NO PERSON SHALL WITHIN THE CITY'S BOUNDARIES, INJURE OR DESTROY ANY TREE HAVING A DIAMETER OF 30 cm ( 12 INCHES ) OR MORE, MEASURED AT 1.4 m (4'-7") ABOVE GROUND LEVEL UNLESS SO AUTHORIZED BY PERMIT FROM THE COMMISSIONER OF PARKS AND RECREATION. PER MUNICIPAL CODE CHAPTER 331. DRAWING No. JOB No. SCALE TITLE DATE PROJECTDATENO.DESCRIPTION OF ISSUE 1 2 3 4 5 6 7 1649 ST. Clair Avenue W, TORONTO ON M6N1H7email: permits@mxleng.cawebsite: www.mxleng.caPhone: 437.995.4003 MXL ENGINEERING & ASSOCIATES, INC. DATENO.DESCRIPTION OF ISSUE 8 DRAWN BY REVIEWED BY Nov. 13, 2024For Client Approval 6645, 6655 & 6665 McLeod Road As indicated Cover Page - BLOCK A A00.00 227-2947 Nov. 13 2024 RP IK ISSUED FOR CLIENTAPPROVAL10/10/24 N/A1KEY PLAN PROJECT INFORMATION - PROJECT TYPE & DESCRIPTION - ADDRESS PROP. STACKED TOWNHOUSE 6655 Mcleod Rd **THESE ARE ARCHITECTURAL RENDERINGS AND THEY ARE TO BE USED FOR REFERENCE ONLY** **THEY NOT ACCURATELY REPRESENT ALL DETAILS, AND ARE TO BE BE USED FOR ILLUSTRATIVE PURPOSED ONLY** SCALE: 1/4" = 1'-0" 1.1GENERAL NOTES SITEPLAN- Residential SCALE:2a- front SCALE:3a- 3dPage 16 of 22Page 173 of 547 GENERAL NOTES: 1- NO WORK TO ENCROACH ON ADJOINING PROPERTIES 2- SMOKE ALARMS SHALL BE INSTALLED ON EACH STOREY OF A DWELLING UNIT. INCLUDING BASEMENTS AS PER O.B.C 9.10.18.2. [1] [a] [b] and [c] 3- CARBON MONOXIDE DETECTORS :IN EACH ROOM THAT CONTAINS A FUEL BURNING APPLIANCE PROVIDE A CARBON MONOXIDE DETECTOR ON OR NEAR THE CEILING EQUIPPED WITH AN ALARM AUDIBLE THROUGHOUT DWELLING UNIT OR INTERCONNECT WITH SMOKE ALARM SO THAT WHEN THE CARBON MONOXIDE DETECTOR IS ACTIVATED. IT WILL ACTIVATE THE SMOKE ALARM AS PER O.B.C. 9.33.4.1.[1] AND AS PER O.B.C. 9.33.4.2.[1] [2] AND [4] 4- EXCAVATION NOTES : EXCAVATION AND / OR CONSTRUCTION ON ADJACENT PROPERTIES REQUIRES THE CONSENT OF AFFECTED PROPERTY OWNER(S). 5- EVERY EXCAVATION SHALL BE UNDERTAKEN IN A MANNER AS TO PREVENT MOVEMENT WHICH WOULD CAUSE DAMAGE TO ADJACENT PROPERTY. EXISTING STRUCTURES , UTILITIES, ROADS AND SIDEWALKS AT ALL STAGES OF CONSTRUCTION. 6- MIN. SOIL BEARING CAPACITY 150KPa. SOIL IS NOT PEAT, FILL OR SENSITIVE CLAY. THE DISTANCE BETWEEN THE BOTTOM OF FOOTINGS AND THE WATER TABLE IS EQUAL TO OR GREATER THAN THE WIDTH OF THE FOOT'GS. 7- WHERE THE DEPTH OF EXCAVATION EXCEEDS 4'-0", EXCAVATE AT 45° ANGLE OR IN ACCORDANCE WITH APPROVED SHORING DETAILS. STRUCTURE IS NOT LOCATED ON GROUNDS HAVING A SLOPE STEEPER THAN 1 VERTICAL TO 2 HORIZONTAL. 8- SURFACE DRAINAGE SHALL NOT BE DISCHARGED DIRECTLY OR INDIRECTLY ONTO A SIDEWALK, DRIVEWAY, STAIRWAY OR AN ADJOINING PROPERTY. 9- TREES ON PRIVATE PROPERTY NO PERSON SHALL WITHIN THE CITY'S BOUNDARIES, INJURE OR DESTROY ANY TREE HAVING A DIAMETER OF 30 cm ( 12 INCHES ) OR MORE, MEASURED AT 1.4 m (4'-7") ABOVE GROUND LEVEL UNLESS SO AUTHORIZED BY PERMIT FROM THE COMMISSIONER OF PARKS AND RECREATION. PER MUNICIPAL CODE CHAPTER 331. DRAWING No. JOB No. SCALE TITLE DATE PROJECTDATENO.DESCRIPTION OF ISSUE 1 2 3 4 5 6 7 1649 ST. Clair Avenue W, TORONTO ON M6N1H7email: permits@mxleng.cawebsite: www.mxleng.caPhone: 437.995.4003 MXL ENGINEERING & ASSOCIATES, INC. DATENO.DESCRIPTION OF ISSUE 8 DRAWN BY REVIEWED BY Nov. 13, 2024For Client Approval 6645, 6655 & 6665 McLeod Road As indicated Cover Page - BLOCK B A00.01 227-2947 Nov. 13 2024 RP IK ISSUED FOR CLIENTAPPROVAL10/10/24 N/A1KEY PLAN. PROJECT INFORMATION - PROJECT TYPE & DESCRIPTION - ADDRESS PROP. STACKED TOWNHOUSE 6655 Mcleod Rd **THESE ARE ARCHITECTURAL RENDERINGS AND THEY ARE TO BE USED FOR REFERENCE ONLY** **THEY NOT ACCURATELY REPRESENT ALL DETAILS, AND ARE TO BE BE USED FOR ILLUSTRATIVE PURPOSED ONLY** SCALE: 1/4" = 1'-0" 1.1GENERAL NOTES SITEPLAN- Residential SCALE:2b - front SCALE:3b- 3dPage 17 of 22Page 174 of 547 GENERAL NOTES: 1- NO WORK TO ENCROACH ON ADJOINING PROPERTIES 2- SMOKE ALARMS SHALL BE INSTALLED ON EACH STOREY OF A DWELLING UNIT. INCLUDING BASEMENTS AS PER O.B.C 9.10.18.2. [1] [a] [b] and [c] 3- CARBON MONOXIDE DETECTORS :IN EACH ROOM THAT CONTAINS A FUEL BURNING APPLIANCE PROVIDE A CARBON MONOXIDE DETECTOR ON OR NEAR THE CEILING EQUIPPED WITH AN ALARM AUDIBLE THROUGHOUT DWELLING UNIT OR INTERCONNECT WITH SMOKE ALARM SO THAT WHEN THE CARBON MONOXIDE DETECTOR IS ACTIVATED. IT WILL ACTIVATE THE SMOKE ALARM AS PER O.B.C. 9.33.4.1.[1] AND AS PER O.B.C. 9.33.4.2.[1] [2] AND [4] 4- EXCAVATION NOTES : EXCAVATION AND / OR CONSTRUCTION ON ADJACENT PROPERTIES REQUIRES THE CONSENT OF AFFECTED PROPERTY OWNER(S). 5- EVERY EXCAVATION SHALL BE UNDERTAKEN IN A MANNER AS TO PREVENT MOVEMENT WHICH WOULD CAUSE DAMAGE TO ADJACENT PROPERTY. EXISTING STRUCTURES , UTILITIES, ROADS AND SIDEWALKS AT ALL STAGES OF CONSTRUCTION. 6- MIN. SOIL BEARING CAPACITY 150KPa. SOIL IS NOT PEAT, FILL OR SENSITIVE CLAY. THE DISTANCE BETWEEN THE BOTTOM OF FOOTINGS AND THE WATER TABLE IS EQUAL TO OR GREATER THAN THE WIDTH OF THE FOOT'GS. 7- WHERE THE DEPTH OF EXCAVATION EXCEEDS 4'-0", EXCAVATE AT 45° ANGLE OR IN ACCORDANCE WITH APPROVED SHORING DETAILS. STRUCTURE IS NOT LOCATED ON GROUNDS HAVING A SLOPE STEEPER THAN 1 VERTICAL TO 2 HORIZONTAL. 8- SURFACE DRAINAGE SHALL NOT BE DISCHARGED DIRECTLY OR INDIRECTLY ONTO A SIDEWALK, DRIVEWAY, STAIRWAY OR AN ADJOINING PROPERTY. 9- TREES ON PRIVATE PROPERTY NO PERSON SHALL WITHIN THE CITY'S BOUNDARIES, INJURE OR DESTROY ANY TREE HAVING A DIAMETER OF 30 cm ( 12 INCHES ) OR MORE, MEASURED AT 1.4 m (4'-7") ABOVE GROUND LEVEL UNLESS SO AUTHORIZED BY PERMIT FROM THE COMMISSIONER OF PARKS AND RECREATION. PER MUNICIPAL CODE CHAPTER 331. DRAWING No. JOB No. SCALE TITLE DATE PROJECTDATENO.DESCRIPTION OF ISSUE 1 2 3 4 5 6 7 1649 ST. Clair Avenue W, TORONTO ON M6N1H7email: permits@mxleng.cawebsite: www.mxleng.caPhone: 437.995.4003 MXL ENGINEERING & ASSOCIATES, INC. DATENO.DESCRIPTION OF ISSUE 8 DRAWN BY REVIEWED BY Nov. 13, 2024For Client Approval 6645, 6655 & 6665 McLeod Road As indicated Cover Page - BLOCK C A00.02 227-2947 Nov. 13 2024 RP IK ISSUED FOR CLIENTAPPROVAL10/10/24 N/A1KEY PLAN. Copy 1 PROJECT INFORMATION - PROJECT TYPE & DESCRIPTION - ADDRESS PROP. STACKED TOWNHOUSE 6655 Mcleod Rd **THESE ARE ARCHITECTURAL RENDERINGS AND THEY ARE TO BE USED FOR REFERENCE ONLY** **THEY NOT ACCURATELY REPRESENT ALL DETAILS, AND ARE TO BE BE USED FOR ILLUSTRATIVE PURPOSED ONLY** SCALE: 1/4" = 1'-0" 1.1GENERAL NOTES SITEPLAN- Residential SCALE:4c - front SCALE:5c - 3dPage 18 of 22Page 175 of 547 6645, 6655, 6665 McLeod Road – Planning Justification Report & Urban Design Brief 86 CITY OF NIAGARA FALLS BY-LAW NO. 2025-XX A BY-LAW TO AMEND BY-LAW NO. 79-200, TO REZONE THE LANDS TO RESIDENTIAL LOW DENSITY, GROUPLED MULTIPLE DWELLINGS (R4-XX) SITE SPECIFIC ZONE (AM-2025-XX). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1.The Lands that are the subject of and affected by the provisions of this by-law asdescribed in Schedule 1 of this by-law and shall be referred to in this by-law as the“Lands”. Schedule 1 is a part of this by-law. 2.The purpose of this by-law is to change the zoning of the Lands identified in Schedule 1 from “Residential Low Density, Grouped Multiple Dwellings (R4)” to“Residential Low Density, Grouped Multiple Dwellings (R4-XX) with Site-Specificconditions”. 3.The purpose of this by-law is to amend the provisions of By-law 79-200, to permitthe use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and anyexisting provision of By-law No. 79-200, the provisions of this by-law are toprevail. 4.Notwithstanding any provision of By-law No. 79-200 to the contrary, the followinguses and regulations shall be the permitted uses and regulations governing thepermitted uses on and of the Lands. 5. The permitted uses shall be uses permitted in the R4 Zone. 6.The regulations governing the permitted uses shall be: (a)Minimum Lot Area 95 m2 per unit (b)Minimum Front Yard Depth for a Stacked Townhouse Dwelling 2.7m (c)Minimum Rear Yard Depth for a StackedTownhouse Dwelling 6 metres (d)Minimum Interior Side Yard Block A 2.77 metres (west) Block C 3 metres (east and west) Page 19 of 22 Page 176 of 547 6645, 6655, 6665 McLeod Road – Planning Justification Report & Urban Design Brief 87 (e) Parking and Access Requirements (f) Minimum Landscaped Open Space Area (g) Minimum Amenity Space for a Stacked Townhouse Dwelling (h) Minimum Perpendicular Width of Maneuvering Aisle 3.75 metres for shared driveway 6 metres for parking aisle 7. All other applicable regulations set out in By-law No.79-200 shall continue to apply to govern the permitted uses of the Lands, with all necessary changes in detail. 8. No person shall use the Lands in a manner that is contrary to the regulations. 9. The regulations of this By-law shall be shown on Sheet C5 of Schedule “A” of By-law No.79-200 by modifying the lands from R4 to R4-XX. 10. Section 19 of By-law No.79-200 is amended and adding thereto: 19.1.XXXX Refer to By-law No. 2025-XX Read a first, second and third time; passed, signed and sealed in open Council this _________________ DAY OF _____________, 2025. ____________________ _______________________ CITY CLERK JAMES M. DIODATI, MAYOR 1.1 space per unit 20.73 m2 per unit 10.8 m2 per unit Page 20 of 22 Page 177 of 547 6645, 6655, 6665 McLeod Road – Planning Justification Report & Urban Design Brief 88 Page 21 of 22 Page 178 of 547 6645, 6655, 6665 McLeod Road – Planning Justification Report & Urban Design Brief 89 Page 22 of 22 Page 179 of 547 Address: 6645, 6655 and 6665 McLeod Road Applicant: Alexandre Araujo Agent: Licheng Lim (NPG Planning Solutions) Proposal: 42-Stacked Townhouse Dwellings Zoning By-law Amendment Application AM-2025-004 6645,6655,6665 McLeod Road Page 180 of 547 A GREAT CITY…FOR GENERATIONS TO COME Location Page 181 of 547 A GREAT CITY…FOR GENERATIONS TO COME Background Proposal •The application proposes 42 stacked townhouse dwellings in 3 blocks with a future easement to facilitate a shared driveway with the property to the east. The development will consist of 12 one-bedroom units, 22 two-bedroom units and 8 three-bedroom units with 46 parking spaces. •The applicant is proposing to rezone the property from a Residential Low Density – Grouped Multiple Dwelling (R4) zone to a site-specific R4 (R4- XXX) zone to permit more than 8 dwelling units in a townhouse block. The application also requests relief from several zoning requirements including reductions in lot area, front, side and rear yard setbacks, parking ratio, landscaped open space, amenity space, and maneuvering aisle width.Page 182 of 547 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Provision Requested Relief Minimum Lot Area 95.85 m2 for each dwelling unit Min. front yard depth 2.8m + 15.25m from centreline of McLeod Road Min. rear yard width 6 metres Min. side yard width 2.77 metres (Block A) 3 metres (Block C)Page 183 of 547 A GREAT CITY…FOR GENERATIONS TO COME Requested Zoning Relief Provision Requested Relief Parking 1.1 parking spaces per unit (46 parking spaces) Min. amenity space 10.8 m2 for each dwelling unit (439.94 m2) Min. landscaped open space 20.73 square metres for each dwelling unit Min. maneuvering aisle 6 metres 3.75 metres between parking spaces 30-37 Page 184 of 547 A GREAT CITY…FOR GENERATIONS TO COME Open House – April 9th, 2025 •A public open house was held on April 9th, 2025 and was attended by Staff, the applicant and the agent for the applicant. No members of the public attended the Open House. Written correspondence was received which supported the application in principle, however they provided two concerns which have been discussed in the table below. Comment Response Rear yard balconies should be prohibited.The applicant revised the proposal to reduce the size of the balconies from 7.5m2 to 3.8m2. The site also includes the planting of sugar maple trees which reach heights of 12 – 21 metres and the building will not be exceeding the permitted height of the zone. The landscaping in the front yard should be increased. The required road widening along McLeod Road limits space in the front yard while still meeting the density requirement of the Official Plan. The proposal includes landscaping in all front yards that are not used for pedestrian access.Page 185 of 547 A GREAT CITY…FOR GENERATIONS TO COME Planning Analysis •The proposed development aligns with broader planning policies that encourage transit-supportive, higher-density housing and efficient land use. •It supports the creation of a complete community by offering a mix of housing types and making use of existing municipal infrastructure. •The proposed development will make use of 3 underutilized lots within the Urban Area, surrounded by existing residential uses. •The proposed density is 105 units per hectare, which conforms to the density range of 65-150 units per hectare identified in the McLeod Road Intensification Corridor. •A sunset clause for the execution of a Site Plan Agreement is included in the draft amending by-law.Page 186 of 547 A GREAT CITY…FOR GENERATIONS TO COME Recommendations 1.That Council APPROVE the Zoning By-law Amendment to rezone the lands to a site-specific Residential Low Density – Grouped Multiple Dwellings (R4) zone to facilitate the construction of 42 stacked townhouses, as outlined in this report. 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.Page 187 of 547 6645, 6655 & 6665 McLeod Road Zoning By-law Amendment Application Prepared by NPG Planning Solutions Inc. Public Meeting| May 27th, 2025 6645, 6655, & 6665 McLeod Road – Public Meeting AM-2025-004Page 188 of 547 •Area: 0.42 hectares •Frontage: 46.33 metres •6645 McLeod Road contains a one-storey dwelling with a detached garage •6655 McLeod Road contains a two-storey dwelling •6665 McLeod Road contains a one-storey dwelling with a shed Subject Lands 6645, 6655, & 6665 McLeod Road – Public Meeting | AM-2025-004 6645 6655 6665 McLeod Road Page 189 of 547 Niagara Official Plan Designation: Delineated Built-Up Area City Official Plan Designation: Residential (McLeod Road Intensification Corridor) City Zoning By-law: Residential Low Density, Grouped Multiple Dwellings (R4) Zone Surrounding Context 6645, 6655, & 6665 McLeod Road – Public Meeting | AM-2025-004Page 190 of 547 Niagara Official Plan Designation: Delineated Built-Up Area City Official Plan Designation: Residential (McLeod Road Intensification Corridor) City Zoning By-law: Residential Low Density, Grouped Multiple Dwellings (R4) Zone Surrounding Context 6645, 6655, & 6665 McLeod Road – Public Meeting | AM-2025-004Page 191 of 547 Proposed Development •A 3-storey stacked townhouse development for: o 3 blocks of stacked townhouses o 42 units total o 46 parking spaces total, including 2 accessible spaces o One-bedroom, two-bedroom, and three-bedroom units o 28 units will be affordable to moderate-income households •Shared driveway with 6633 McLeod Road (approved by the City) •Required road-widening of 2.15 metres to 5.2 metres along McLeod Road frontage Block A Block B Block C McLeod RoadRequired Road Widening 6645, 6655, & 6665 McLeod Road – Public Meeting | AM-2025-004Page 192 of 547 Built Form and Massing Massing prepared by 6645, 6655, & 6665 McLeod Road – Public Meeting | AM-2025-004Page 193 of 547 6633 McLeod Road Development *Zoning and consent approved.Prepared by 6645, 6655, & 6665 McLeod Road – Public Meeting | AM-2025-004Page 194 of 547 Proposed Zoning By-law Amendment Proposed Zone: Residential Low Density, Grouped Multiple Dwellings (R4) – Site-Specific Zone Existing Zone: Residential Low Density, Grouped Multiple Dwellings (R4) Zone R4 Zone R4-XX Zone 6645, 6655, & 6665 McLeod Road – Public Meeting | AM-2025-004Page 195 of 547 Proposed Zoning By-law Amendment •Proposed Zone: Residential Low Density, Grouped Multiple Dwellings (R4) – Site- Specific Zone •Site-specific provisions for: o Lot area o Front, side, and rear yard setbacks o Parking requirements o Landscaped open space o Width of parking aisle 6645, 6655, & 6665 McLeod Road – Public Meeting | AM-2025-004Page 196 of 547 MINIMUM REAR YARD SETBACK Required: 10mProposed: 6m WIDTH OF PARKING AISLE Required: 6.3mProposed: 6m Site-Specific Provisions MINIMUM LOT AREA Required: 8,400 m2 Proposed: 4,025 m2 MINIMUM FRONT YARD SETBACK Required: 7.5mProposed: 2.79m PARKING REQUIREMENTS Required: 59 spacesProposed: 46 spaces LANDSCAPED OPEN SPACE Required: 1,890 m2 Proposed: 870 m2 MINIMUM AMENITY AREA Required: 840 m2 Proposed: 440 m2 Required Road Widening MINIMUM SIDE YARD SETBACK Required: 5m Proposed: 2.77m and 3m 6645, 6655, & 6665 McLeod Road – Public Meeting | AM-2025-004Page 197 of 547 Supporting Studies •Site Plan, Floor Plans, and Building Elevation Plans •Landscape Plan •Planning Justification Report •Urban Design Brief •Tree Inventory and Preservation Report •Noise and Vibration Study •Functional Servicing Report •Stormwater Management Report 6645, 6655, & 6665 McLeod Road – Public Meeting | AM-2025-004Page 198 of 547 Public Comments Received •One (1) comment from a resident in the area: o Support the application in principle. o Concerns with Block C rear balconies due to reduced yard setback and privacy. NPG Response: Sugar maples and red maple trees are proposed along the rear yard with perimeter fencing. These trees grow to an average of 40 to 70 feet whereas the maximum building height is 32 feet. Site plan was updated to reduce the size of Blocks B and C rear balconies. These are appropriate mitigation measures for the reduced rear yard. o Would like to see more landscaping in the front yard. •NPG Response: Landscaping is impacted by the required road-widening. Current site plan provides for extensive landscaping in the front yard. Road-widening to the Region will provide opportunities for more landscaping. 6645, 6655, & 6665 McLeod Road – Public Meeting | AM-2025-004Page 199 of 547 Site Plan Changes 6645, 6655, & 6665 McLeod Road – Public Meeting | AM-2025-004 Reduction in Size of Rear Balconies Page 200 of 547 Consistent with the PPS (2024), and conforms with the Niagara Official Plan, and the City of Niagara Falls Official Plan. Creates new housing with a mix of unit types and sizes that contribute to more diverse housing options, including 28 housing units affordable to moderate-income households. Facilitates a compact and transit-supportive built form that will make efficient use of existing municipal services and facilities. Demonstrates excellent urban design through a compatible and appropriately scaled design that promotes a safe, walkable, and pedestrian-oriented development and contributes to a vibrant streetscape along McLeod Road. Makes efficient use of land through shared driveway with neighbouring property by reducing impervious surfaces, limiting access to McLeod Road, minimizing traffic impacts, and promoting a comprehensive design. 6645, 6655, & 6665 McLeod Road – Public Meeting AM-2025-004Page 201 of 547 Contact Information Aaron Butler, MCIP, RPP Principal Planner, Niagara Email: abutler@npgsolutions.ca Lichheng Lim, MCIP, RPP Senior Planner Email: llim@npgsolutions.ca 6645, 6655, & 6665 McLeod Road – Public Meeting AM-2025-004Page 202 of 547 CAO-2025-07 Business Development Report Report to: Mayor and Council Date: May 27, 2025 Title: Revision of Municipal Accommodation Tax Bylaw Recommendation(s) 1. That Council AMEND the Municipal Accommodation Bylaw to delete from Section 3.1 of the Bylaw the following sentence; "The MAT will apply even if the Accommodation is provided to the travelling public for free or at no cost". 2. That Council DIRECT staff to further investigate this issue with the appropriate Ministries at the Province and or obtain a fulsome legal opinion on this matter. Executive Summary The City was contacted subsequent to the passing of the Municipal Accommodation Tax Bylaw (MAT) by legal Counsel for the Casino management company (Casino) regarding the legality of this provision of the bylaw. The Casino maintains that the promotional rooms that they provide should be exempt from the bylaw and unless changed they would look to seek legal action. The inclusion of these rooms was recommended by the Hotel Association during our negotiations on the new Bylaw. The City believes it is important to move forward with the new Bylaw and begin charging the new rates starting June 1st. This issue can be dealt with subsequent to this time period. The MAT is a tool that other destinations use to compete more effectively and to strengthen the tourism industry. It is unfortunate that there is a lack of cohesion among the tourism industry leaders with regard to supporting the destination in a co-operative manner through the MAT. Background The new MAT Bylaw was the result of extensive consultation with the Hotel Association, the current designated tourism body that administers the funds. As part of the reshaping of the MAT, it was recommended by the Hotel Association that the Casino, which holds just more than 300 rooms in its hotel contribute to the MAT even though the vast majority of their rooms are provided on a complimentary basis to guests. Page 1 of 13 Page 203 of 547 The Casino objected to its complimentary rooms being subject to the MAT, subsequent to the passing of the Bylaw. City staff did offer an alternative approach, one in which the Casino contributed a fixed amount for destination marketing. It became clear that the Casino objected to contributing to the general pool of funds. The City then offered that the Casino could control its fixed amount and work with the City and the Hotel Association to develop its own destination marketing activity. Again this was not accepted by the Casino. It should also be noted that the new MAT bylaw was also challenged by the Hotel Association in Court, and the City as of the time of this report is awaiting the ruling from the Court. Analysis The Casino's position is that since the room is provided for free, the travelling public has not paid for or purchased the room and as such the MAT does not apply, as the MAT is specifically designed to be funded by the visitor. The City's position is that the travelling public does pay for the room indirectly via other spend at the Casino and there are really no "free rooms" at the Casino. The City also believes that the Casino is a significant leader in the tourism industry and should be a strong voice at the table when destination marketing decisions are made. The MAT not only funds general marketing, but funds demand generation items that attract visitors to the City. The MAT also contains provisions to support the funding of significant infrastructure including airport development and visitor transportation systems. The Casino would be a major beneficiary to many of these items and we maintain should be contributing funds to the destination marketing from which they would benefit. The Casino would maintain that it contributes a host fee to the community (which is prescribed by the Province for all Casinos in Ontario) and due to this contribution they should not contribute more. As Council knows the City does not use these funds to support tourism, rather they use these funds to support specific initiatives in the City including reducing the tax rate for all tax payers, as it intended as a hosting fee for the municipality, rather than an industry support tool. City staff believes that this Casino issue could be put aside for a period of time in order to move forward while discussions with the Province and the ruling of the first Court hearing is dealt with. Operational Implications and Risk Analysis By amending the Bylaw and seeking guidance from the Province or a more fulsome legal review, there is no operational implication or risk to the City. Page 2 of 13 Page 204 of 547 Financial Implications/Budget Impact The only financial implication is to the amount of funding for the MAT and this has no real impact to the City taxpayer. Strategic Plan Pillars Economic Diversification & Growth Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. Contributor(s) Serge Felicetti List of Attachments Amended MAT Bylaw Written by: Jason Burgess, CAO Submitted by: Status: Jason Burgess, CAO Approved - 21 May 2025 Page 3 of 13 Page 205 of 547 CITY OF NIAGARA FALLS By-law No. 2025 – 009 A by-law to establish a Municipal Accommodation Tax and repeal By-law No. 2018-104 and By-law No. 2021-58. WHEREAS The Corporation of the City of Niagara Falls may, by by-law, impose a tax in respect of the purchase of transient accommodation in the municipality, in accordance with Part XII.1 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended, (the “Act”), and the Transient Accommodation Tax Regulation O. Reg. 435/17; AND WHEREAS The Corporation of the City of Niagara Falls has passed by-laws for the establishment of a Municipal Accommodation Tax to be imposed on the purchase of short-term accommodations within the City of Niagara Falls; AND WHEREAS pursuant to section 400.1 of the Act and the O. Reg. 435/17, the Council of The Corporation of the City of Niagara Falls wishes to establish the tax rate and to levy on the purchase of transient accommodation within the City of Niagara Falls; AND WHEREAS pursuant to sections 400.1(3) and 400.4 of the Act, Council can establish enforcement measures as Council considers appropriate if an amount assessed for outstanding tax, penalties or interest remains unpaid after it is due; AND WHEREAS after due consideration, evaluation and consultation, the Council for The Corporation of the City of Niagara Falls has decided to repeal the previous Municipal Accommodation Tax By-law, as amended, and establish a new By-law in order to better support the City of Niagara Falls as a world class destination; AND WHEREAS the revenue to be generated by the Municipal Accommodation Tax is to be shared with a non-profit entity for the promotion of the City of Niagara Falls as a world class tourism destination; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions 1.1 For the purposes of this By-law: 1.1.1 “Accommodation” means lodging, and the right to use lodging, that is provided for consideration, whether or not the lodging is actually used; 1.1.2 “Accommodation Property” includes: Page 4 of 13 Page 206 of 547 2 1.1.2(1) a hotel, motel, inn, bed and breakfast, whole home vacation rental, vacation rental unit or other such lodging; and 1.1.2(2) the use of a bedroom, a suite of rooms containing a bedroom, or the use of a bed within a bedroom; 1.1.3 “City” means The Corporation of the City of Niagara Falls; 1.1.4 “Council” means the Council of The Corporation of the City of Niagara Falls; 1.1.5 “Eligible Tourism Entity” has the meaning given to it in O. Reg. 435/17, as amended, and may include one or more such entities; 1.1.6 “Establishment” means the physical location, a building or part of a building that provides Accommodation; 1.1.7 “Municipal Accommodation Tax” or “MAT” means the tax imposed under this By-law. This tax is applied on top of charges for tourist accommodation for each night of stay; 1.1.8 “Priority Destination Spending” has the meaning given to it in Section 11;and 1.1.9 “Transient Accommodation Provider” means the person or legal entity that operates an Accommodation Property. 2. Purpose of the Municipal Accommodation Tax 2.1 The purpose of the MAT is to support and grow the tourism industry in the City of Niagara Falls and to improve the livability of the City for the residents of Niagara Falls. 2.2 The identified goals of the MAT include, but are not limited to: 2.2.1 Increase tourism visitation; 2.2.2 Increase total tourism spend; 2.2.3 Increase tourism asset development and tax assessment; and 2.2.4 Undertake environmental sustainability initiatives in support of the tourism industry and the broader community. Page 5 of 13 Page 207 of 547 3 2.3 The MAT can support a number of activities including, but not limited to: 2.3.1 Destination marketing; 2.3.2 Special events; 2.3.3 In destination activities; 2.3.4 Demand generation development; 2.3.5 Convention and meeting attraction support; 2.3.6 Supporting Regional wide activities that will lead to economic activity in the City of Niagara Falls; 2.3.7 Beautification activities; 2.3.8 Infrastructure development; 2.3.9 Sports tourism activities; 2.3.10 Tourism studies; and 2.3.11 Cost to administer the program. 3. Application of Municipal Accommodation Tax 3.1 A purchaser shall, at the time of purchasing or otherwise acquiring Accommodation, being Accommodation for a continuous period of less than twenty-eight (28) nights in an Accommodation Property, pay a Municipal Accommodation Tax as prescribed in this By-law. For further clarity even if the travelling public purchases or otherwise acquires Accommodation for a period exceeding twenty-eight (28) nights and a landlord tenant relationship is not established then the MAT will apply. The MAT will apply even if the Accommodation is provided to the travelling public for free or at no cost. 3.2 A Transient Accommodation Provider, providing Accommodation for a continuous period of less than twenty-eight (28) nights in an Accommodation Property, or for periods greater than twenty-eight (28) nights but where a landlord tenant relationship is not established, shall include on every invoice or receipt for the purchase of short-term accommodation, a separate item for the amount of the Municipal Accommodation Tax imposed on the purchase. Page 6 of 13 Page 208 of 547 4 3.3 The Municipal Accommodation Tax shall be applied based on the rating of the Accommodation Property in the following amounts: 3.3.1 Five (5) Star - Seven Dollars ($7.00); 3.3.2 Four (4) Star - Six Dollars ($6.00); 3.3.3 Three (3) Star - Five Dollars ($5.00); 3.3.4 Two (2) Star - Four ($4.00); and 3.3.5 Unrated properties - Five ($5.00). 3.3.6 That the Municipal Accommodation Tax move to 4% of the Room Rate effective April 1, 2026. 3.3.7 That the Municipal Accommodation Tax move to 5% of the Room Rate effective April 1, 2027. 3.4 The amount of the tax entered pursuant to section 3.3 above, shall be identified as the Municipal Accommodation Tax on the invoice or receipt, as the case may be. 4. Exemptions 4.1 Municipal Accommodation Tax imposed by subsection 3 above, does not apply to: a. the Crown, every agency of the Crown in right of Ontario, and every authority, board, commission, corporation, office, organization of persons a majority of whose directors, members or officers are appointed or chosen by or under the authority of new Lt. Gov. in Council or a member of the Executive Council; b. every board as defined in subsection 1(1) of the Education Act, R.S.O. 1990, c. E.2; c. every university in Ontario and every college of applied arts and technology and postsecondary institution in Ontario, whether or not affiliated with the university, the enrolments of which are counted for the purposes of calculating annual operating grant entitlements from the Crown on accommodations provided to students while a student is registered and attending the institution; d. every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health and Long-Term Care under the Public Hospitals Act, R.S.O. 1990, c. P.40, and every private hospital under the authority license issued under the Private Hospitals Act, R.S.O. 1990, c. P.24; Page 7 of 13 Page 209 of 547 5 e. every long-term care home as defined in subsection 2(1) of the Long-Term Care Homes Act, 2007, S.O. 2007, c. 8, retirement home, and hospice; f. every treatment center that receives provincial aid under the Ministry of Community and Social Services Act, R.S.O. 1990, c. M.20; g. every house of refuge, or watching for the reformation of offenders; h. every charitable, non-profit philanthropic corporation organized as shelters for the relief of the poor or for emergency; i. every tent or trailer site supplied by a campground, tourist or trailer park; j. every accommodation supplied by employers to their employees in the premises operated by the employer; and k. every hospitality room in an establishment that does not contain a bed and is used for displaying merchandise, holding meetings, or entertaining. 5. Change in Municipal Accommodation Tax Rates 5.1 In the event an expansion to the Niagara District Airport is approved by the Niagara District Airport Commission and the municipal owners of the airport, there shall be a minimum One Percent (1%) increase to the MAT set out in section 3.3 above, for all Accommodation Properties. This additional tax increase will be used to support the capital cost of such expansion and/or marketing support for airport activities. 5.2 In the event a visitor transportation system is developed and implemented within the City of Niagara Falls, there shall be a minimum One Percent (1%) increase to the MAT set out in section 3.3 above, for all Accommodation Properties. 5.3 In the event the Province of Ontario or the Government of Canada provides a materially significant funding source that requires matching contributions from the City, the MAT may be increased for such purpose. 5.4 Other MAT rate increases (in addition to the automatic minimum 1% increase under each of Sections 5.1 and 5.2 and any increase under Section 5.3) can be undertaken by Council with a minimum ninety (90) days’ notice period to the tourism industry. Prior to a MAT increase pursuant to this subsection, Council requires formal industry consultation, adequate study and review including, but not limited to, a third-party review of the performance of the current activities, a competitive analysis of other North American destinations, and a formal plan with articulated goals of the additional or incremental MAT increase. 5.5 In the event of a request from the Eligible Tourism Entity to Council for a change in the MAT rate, Council shall evaluate this request. Page 8 of 13 Page 210 of 547 6 6. Tax Collected by Transient Accommodation Provider 6.1 A Transient Accommodation Provider shall include on every invoice or receipt for the purchase of Accommodation, a separate item identified as "Municipal Accommodation Tax” setting out the amount of Municipal Accommodation Tax imposed on the purchase. 6.2 A Transient Accommodation Provider shall collect the Municipal Accommodation Tax from the purchaser at the time the Accommodation is purchased or otherwise acquired. 6.3 The Municipal Accommodation Tax collected by Transient Accommodation Providers shall be remitted to the Treasurer of the City of Niagara Falls, or their designate, on the last day of each month by electronic transfer. 6.4 Each Transient Accommodation Provider that remits the Municipal Accommodation Tax shall forward to the Treasurer of the City of Niagara Falls, or their designate, a completed Remittance Form by e-mail addressed to finance@niagarafalls.ca. 6.5 The City may assess an assumed amount of MAT tax owing if the Transient Accommodation Provider fails to provide payment and/or reporting as required in accordance with the provisions of this By-law. 7. Penalties and Interest 7.1 Penalties and interest at the rate applicable to overdue property taxes shall be payable by a Transient Accommodation Provider on the non-payment of the full amount of the Municipal Accommodation Tax by the due date set out in the notice, and interest may be added on the first day of default and on each month thereafter in which the default continues. 8. Liens 8.1 All Municipal Accommodation Tax penalties and interest that are past due shall be deemed by the City Treasurer to be in arrears, and shall be transferred to the Transient Accommodation Provider’s property tax roll to be collected by the City in the same manner as municipal property taxes and shall constitute a lien upon the Accommodation Property. Page 9 of 13 Page 211 of 547 7 9. Audit and Inspection 9.1 Every Transient Accommodation provider shall keep books of account, records, and documents sufficient to furnish the City and its designated tax collectors with the necessary particulars of sales of Accommodation, amount of MAT collected and remittance. 9.2 The City’s Treasurer or their designate, may inspect and audit all books, documents, transactions and accounts of Transient Accommodation Providers and require Transient Accommodation Providers to produce copies of any documents or records within a reasonable time required for the purposes of administering and enforcing this By-law, as required. 9.3 The cost of audits for the Transient Accommodation Providers, pursuant to this section 9, will be shared equally by the Eligible Tourism Entity and the City. 10. Eligible Tourism Entity 10.1 The City will enter into an agreement with an Eligible Tourism Entity effective January 1, 2026. 10.2 The members of an Eligible Tourism Entity must represent a broad cross-section of the local tourism industry. 10.3 The Eligible Tourism Entity will be required to develop a five (5) year strategy document for the promotion of Niagara Falls as a world class tourism destination, as well as an annual plan. The strategy document and annual plans will be presented to Council along with progress updates in relation to the plan and the goals of the MAT. 10.4 The Eligible Tourism Entity will be responsible for the prudent spending of allocated MAT resources and for all necessary financial reporting and record keeping. 10.5 The Chief Administrative Officer (CAO) for the City of Niagara Falls, or designate, is hereby delegated the authority to enter into agreements, including all necessary documents ancillary thereto, with any Eligible Tourism Entity that will receive a share of the MAT revenue, respecting reasonable financial accountability matters, among other things, in order to ensure that amounts paid to the Eligible Tourism Entity are used for the exclusive purpose of promoting Niagara Falls tourism. All such agreements shall be in a form satisfactory to the City’s solicitor. Page 10 of 13 Page 212 of 547 8 11. Allocation of Municipal Accommodation Tax Revenue 11.1 The MAT revenue will be allocated into three envelopes of funding, in accordance with Part XII.1 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended, (the “Act”), and the Transient Accommodation Tax Regulation O. Reg. 435/17. 11.2 The first envelope is for Priority Destination Spending. This spending will be determined by the Eligible Tourism Entity and the City through the strategic plan. This funding will be in priority to other spending allocations, save and except for the administrative costs incurred by the City to administer the MAT. 11.3 Priority Destination Spending will be the largest funding envelope and will be for the exclusive purpose of promoting tourism for items such as but not limited to: 11.3.1 Destination marketing; 11.3.2 Convention and meeting support; 11.3.3 In-destination marketing and activation; 11.3.4 Premiere special events; and 11.3.5 Airport and visitor transportation system spending. 11.4 The Eligible Tourism Entity will be responsible for the spending and reporting of the Priority Destination Spending. 11.5 The remaining MAT funding will be divided into two equal envelopes. One envelope will be allocated to the City and the other to the Eligible Tourism Entity. 11.6 The funding allocated to the City will be used for items such as, but not limited to: 11.6.1 The administration of the MAT; 11.6.2 Infrastructure projects in tourism areas; 11.6.3 Sports tourism; 11.6.4 Cultural events; 11.6.5 Beautification of the City; 11.6.6 Research and studies; 11.6.7 Wayfinding; and 11.6.8 By-law enforcement activities. Page 11 of 13 Page 213 of 547 9 11.7 The Eligible Tourism Entity will utilize its allocated funds for the exclusive purpose of promoting tourism for items such as but not limited to: 11.7.1 Administration of the program; 11.7.2 Other marketing or demand generating activities as developed by the Eligible Tourism Entity; and 11.7.3 Development of strategic plans and studies. 12. Budget Development and Reporting 12.1 Both the City and the Eligible Tourism Entity will annually create and present a budget and operating plan to the board of the Eligible Tourism Entity and Council. 12.2 Both the City and the Eligible Tourism Entity will, on an annual basis, present a report on the spending and performance to the stated goals of the MAT. 12.3 The Eligible Tourism Entity will provide audited statements to Council on an annual basis. 12.4 The City and Eligible Tourism Entity will develop a strategic plan on a five (5) year or lesser basis which will guide the activities of the MAT. 13. Offence and Penalties 13.1 Every person who contravenes any provision of this By-law is guilty of an offence as provided for in subsection 429(1) of the Act, and all such offences are designated as continuing offences as provided for in subsection 429(2)(a) of the Act. 13.2 A person who is convicted of an offence under this By-law is liable to a minimum fine of $500.00 and a maximum fine of $100,000.00 as provided for in subsection 429(3), paragraph 1 of the Act. 13.3 A person who is convicted of an offence under this By-law is liable, for each day or part of a day that the offence continues, to a minimum fine of $500.00 and a maximum fine of $10,000.00 and the total of all of the daily fines for the offence is not limited to $100,000.00, as provided for in subsection 429(3) paragraph 2 of the Act. Page 12 of 13 Page 214 of 547 10 13.4 When a person has been convicted of an offence under this By-law, the Superior Court of Justice or any court of competent jurisdiction thereafter may, in addition to any penalty imposed on the person convicted, issue an order: 13.4.1 prohibiting the continuation or repetition of the offence by the person convicted; and 13.4.2 requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate. 14. Effective Date and Transition 14.1 This By-law will become effective on May 1st, 2025 (the “Effective Date”). 14.2 Prior to the Effective Date, By-law No. 2018-104, as amended, shall remain in effect. After the Effective Date, By-law No. 2018-14, as amended, shall hereby be repealed. 14.3 The Niagara Falls Hotel Association shall remain the Eligible Tourism Entity until the City enters into an agreement with a new Eligible Tourism Entity effective January 1, 2026. 14.4 By-law No. 2021-58 is hereby repealed. Read a First, Second and Third time; passed, signed and sealed in open Council this 14 day of January, 2025 ......................................................................... ................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 13 of 13 Page 215 of 547 CS-2025-26 Finance Report Report to: Mayor and Council Date: May 27, 2025 Title: 2023 Budget to Actual Variance (unaudited) - Tax Levy Supported Fund Recommendation(s) 1. THAT Council RECEIVE report CS-2025-26 2023 Budget to Actual Variance (unaudited) - Tax Levy Supported Fund for information. 2. THAT Council APPROVE the recommended operating special purpose reserve consolidations (transfers) as outlined in the charts in attachment 9 - Operating Special Purpose Reserve Updates. Executive Summary The purpose of this report is to show Council the final draft (unaudited) 2023 budget to actual results for the Tax Levy Supported Operating Fund explaining any large variances and final reserve entries. Within the attachment, if there is a note number notation to the right of the variance column, there is a corresponding explanation to that note number located in the analysis section of this report. Please refer to this report in conjunction with the attachment. Background Effective for the 2019 year end, staff began preparing annual budget to actual variance reports for the Tax Levy Supported Fund, Water/Wastewater Fund and the Parking Fund. Finance staff continue to work towards clearing the backlog of outstanding reporting and have prepared the unaudited Tax Levy Supported Fund Budget to Actual variance report for the 2023 year end. A similar report for 2024 will follow as soon as year end work is completed. Finance staff's goal for the 2026 year end and forward is to transition from an annual variance report to three (3) variance reports throughout the year showing the results of budget to actual variances for Q2, Q3 and Q4. Staff feel there is little value in preparing a Q1 variance report, with spending during January to March being so preliminary which is the reason a Q1 variance report is not being recommended. Other relevant reports relating to 2023 year end: Page 1 of 88 Page 216 of 547 Capital  F-2023-24 - 2023 Capital Project Closing Report - August 15, 2023 Council Meeting Parking  F-2023-27 - 2023 Q2 Parking Parking Fund Budget to Actual Variance (Unaudited) - October 3, 2023 Council Meeting  F-2023-31 - 2023 Q3 Parking Fund Budget to Actual Variance (Unaudited) - November 14, 2023 Council Meeting  F-2024-17 - 2023 Parking Fund Budget to Actual Variance (Unaudited) - April 30, 2024 Council Meeting Water/Wastewater  F-2024-06 - 2023 Q3 Water/Wastewater Fund Budget to Actual Variance (Unaudited) - February 6, 2024 Council Meeting  F-2024-20 - 2023 Water/Wastewater Fund Budget to Actual Variance (Unaudited) t - May 28, 2024 Council Meeting Analysis Attachment 1 contains the overall Tax Levy Supported Fund 2023 budget to actual results (unaudited) while attachments 2 through 7 contain budget to actual summaries for various departments and sections. Within attachments 2 to 7, if there is a note number notation to the right of the variance column, there is a corresponding explanation to that note number located in the analysis section of this report. Please refer to this report in conjunction with the attachments. ATTACHMENT 2 - MAYOR AND COUNCIL, COMMITTEES, BOARDS AND GRANT SUMMARIES Mayor and Councillors 1. Transfers From Special Purpose Reserves has a balance of $8,321 due to a discretionary development charge exemption approved by Council, funded by the Taxpayer Stabilization Special Purpose Reserve. 2. Contracted Services are over budget by $62,363 or 1,039.4%. The unfavourable variance is primarily being driven by a deficit of approximately $63,000 associated with Integrity Commissionaire, Conflict of Interest, and Code of Conduct complaints and investigations. Page 2 of 88 Page 217 of 547 3. External Transfers are under budget by $41,988 or 70.0%. The surplus in External Transfers is primarily a result of recording Council approved fee waivers, which had a budget of $51,000 in 2023, in Interdepartmental Transfers and no longer in External Transfers. Interdepartmental Transfers are over budget by $26,877. As noted in External Transfers above, Council approved fee waivers were recorded in Interdepartmental Transfers in 2023, resulting in the deficit in this account, which is offset by the surplus in External Transfers. Committees 4. User Fees are under budget by $50,863 or 25.2% primarily as a result of Committee of Adjustment User Fees being under budget by approximately $49,000. 5. Other Revenue is over budget by $52,593 or 611.5% due to Park in The City revenues in excess of budget. 6. Transfers From Special Purpose Reserves are over budget by $4,801. A $1,000 Transfer From Special Purpose Reserves was required by the Culture Committee to fund a grant issued and a $3,801 Transfer From Special Purpose Reserves was required by the Diversity and Inclusion Committee to cover the cost of pride benches procured in 2022 but received in 2023. The $3,801 had been reserved from the 2022 Culture Committee surplus to carry over to 2023. 7. Materials are over budget by $38,032 or 57.7% primarily as a result of a deficit incurred by the Park in the City Committee for event related costs of approximately $41,000. This unfavourable variance is offset by the favourable variance in Other Revenue noted in #5 above. 8. Contracted Services are over budget by $17,980 due to unbudgeted costs being incurred by the Municipal Heritage Committee for heritage designation verification title searches. 9. Rents and Financial Expenses are under budget by $33,302 or 41.6% primarily due to a surplus of approximately $24,000 generated by the Culture Committee from grant payments. Grants 10. Transfers From Reserve Funds are over budget by $980,408 or 31.2% mainly due to Casino policing costs being higher than budgeted. The Casino policing unit receives 18% of the Ontario Lottery and Gaming funds the City receives. Page 3 of 88 Page 218 of 547 11. Materials are under budget by $101,255 or 135%. $65,273 of the Materials Surplus was generated as a result of less than budgeted special event expenditures incurred. The remaining Materials surplus is due to the cancellation / credit of a reimbursement paid associated with a 2022 Doctor Recruitment incentive agreement. 12. Contracted Services is over budget by $1,045,681 or 41.5% mainly due to Casino policing costs being higher than budgeted. The Casino policing unit receives 18% of the Ontario Lottery and Gaming (OLG) funds the City receives. The City received $19.8M in OLG funds in 2023 resulting in a payment of $3.56M to the Casino Policing unit (budget $2.52M). ATTACHMENT 3 - CAO (Chief Administrative Officer) DIVISION SUMMARIES Business Development Department 13. Federal Grant Revenues are over budget by $480,538 or 122.2%. Approximately $270,000 of this favourable variance is due to catch-up of Federal Grant Revenue claimed related to the Spark Innovation Educational Center Inc. (Niagara Falls Innovation Hub) federal grant funding. The remaining favourable variance of approximately $211,000 is attributable to higher than budgeted Federal Tourism Relief Funding and Federal Tourism Connectivity and Transportation Study Funding. 14. Transfers From Reserve Funds are under budget by $179,374 or 100%. As a result of the surplus in Federal Grant Revenues, a budgeted Transfer From Reserve Funds of $179,374 was not required for the Niagara Falls Ryerson Innovation Hub responsibility centre. 15. Labour is over budget by $46,694 or 6.8% due compensation costs exceeding budget for the digital service squad position in the Small Business Enterprise Centre. 16. Materials are under budget by $99,598 or 70.6%. Approximately $87,000 of the favourable Materials variance is primary due to a surplus on expenditures incurred for economic development hosting incentives. 17. Contracted Services are over budget by $239,060 or 62.4% due to higher than budgeted expenditures incurred associated with the Federal Tourism Relief Funding Program and the Federal Tourism and Connectivity and Transportation Study. The pressure in Contracted Services is offset by the surplus in Federal Grant Revenues, as noted above. 18. Transfers to Special Purpose Reserves are over budget by $50,000. At year end the Business Development Department was in a surplus position, as a result Page 4 of 88 Page 219 of 547 staff elected to transfer $50,000 to SPR 94 Business Development Studies increasing that SPR balance from $39,000 to $89,000. 19. Transfers to Reserve Funds are over budget by $89,855. Due to the surplus generated from Federal Grant Revenue related to the Niagara Falls Innovation Hub contribution agreement, a transfer to the OLG Reserve of $89,855 was made to allocate this surplus generated back to the OLG Reserve Fund. Chief Administrative Office Department 20. Sales are over budget by $52,993. Sales revenue earned represents sales of the City’s WonderFalls Passes which was not budgeted for in 2023. Staff did ensure that these revenues were budgeted in 2024. The $52,993 was transferred To Capital Special Purpose Reserves to fund accessible playgrounds. 21. Transfers From Special Purpose Reserves are under budget by $75,000. Staff budgeted a transfer from the City’s Strategic Initiatives Special Purpose Reserve to fund expenditures associated with Homelessness (a Regional Function). This transfer was not required as the City did not make any payments to third parties, as noted in External Transfers. 22. Labour is over budget by $43,375 or 13.8%. Approximately $22,000 of the unfavourable variance is due to actual non-union compensation in excess of budget due to the budget for economic increases being budgeted in the HR area (see #37). The remaining unfavourable variance is due to unbudgeted non-union compensation being charged to the Chief Administrator’s Office (CAO) for various roles and activities supporting the CAO’s office. 23. Materials are under budget by $25,826 or 49.7%. The favourable variance is primarily due to strategic and corporate initiative expenditures being under budget by approximately $30,000. 24. External Transfers are under budget by $75,000 or 100%. Staff budgeted for External Transfers and grants of $75,000 to fund Homelessness strategic initiatives. No external transfers or grant payments were paid to third parties, thereby resulting in the favourable variance. Clerks Department 25. Licensing revenues are over budget by $86,980 or 29.0% due to Clerks Licensing fees exceeding budgeted estimates. Staff budgeted a 20% or $50,000 increase in Licensing revenues based on a significant increase in Licensing fees generated in 2022, reflecting a bounce back from pandemic lows. However, actual Licensing revenues exceeded Staff’s estimate for 2023. Page 5 of 88 Page 220 of 547 26. User Fees are over budget by $82,333 or 137.2%. Staff soft-launched marriage ceremonies in 2020, but, due to the Covid-19 Pandemic, ceremonies were put to a halt and not resumed until mid-year in 2022. Staff budgeted an optimistic material increase in marriage ceremony revenues in 2023 of $47,500 or 380%. However, actual revenues exceed Staff’s 2023 estimate. 27. Labour is over budget by $27,505 or 4.7%. Approximately $10,000 of the deficit in Labour was attributable to non union compensation exceeding budget due to the budget for economic increases being budgeted in the HR area (see #37), with the remaining pressure being caused from unionized staffing costs exceeding budget. 28. Materials are under budget by $24,894 or 15.4%. The surplus in Materials was primarily as a result of city-wide postage and courier costs being under budget for 2023. 29. Transfer To Special Purpose Reserves was over budget by $211,642 or 264.6%. At year end the Clerks Department was in a surplus position, as a result staff elected to transfer $209,000 to SPR 296 Election increasing that SPR balance from $87,000 to $296,000. Fire Department 30. Other Revenue has a favourable unbudgeted variance of $114,405 due to recoveries for costs related to fire work orders. This offsets a portion of the unfavourable variance in Materials. 31. User Fees has an unfavourable variance of $55,038 or 31.6% due to remote fire alarm fees in fire prevention and training offered to other organizations and municipalities not meeting estimated budgeted levels. This is partially offset by higher than expected actuals for recoveries related to gorge rescues. 32. Labour and Benefits has a favourable variance of $314,507 or 1.7%. Labour and Benefits are under budget due to gapping and vacancies, primarily being driven in fire communications and fire prevention. 33. Overtime has an unfavourable variance of $153,231 or 9.6% due to fire suppression coverage requirement as a result of a large occurrence of WSIB related absences. 34. WSIB has an unfavourable variance of $243,977 or 33.4% due to higher than anticipated WSIB related incidents. While the budget for this line is based on historic trends, actual figures often deviate from the budgeted amounts due to uncertainties. Page 6 of 88 Page 221 of 547 35. Internal Rent has a favourable variance of $199,622 or 13.5% due to fuel prices and repairs/maintenance. The 2023 budget was developed under the assumption that fuel prices would remain at an all-time high, however during the year fuel prices have declined resulting in a favourable year end variance. Human Resource Department 36. Other Revenues are over budget by $152,646. In 2022, Staff budgeted $150,000 for a Sun Life benefits reserve payout. However, the payout of $151,384 was not received until 2023, resulting in a favourable variance in 2023 in Other Revenues, and an offsetting unfavourable variance of $150,000 in 2022. 37. Labour is under budget by $1,476,855 or 53.1% and Employee Benefits is under budget by $68,210 or 5.5%. $1,250,000 of this surplus is due to 2023 annual compensation raises which were budgeted in Human Resources, whereas actual labour compensation (including economic increases) were charged to the home responsibility centre(s) of all employees. The balance of the surplus is attributable to a surplus in vacation and sick leave payouts as well as termination settlements. 38. Contracted Services are under budget by $43,210 or 20.4%. Contracted Services are under budget primarily due to a surplus of approximately $58,000 generated from less than budgeted expenditures incurred associated with legal related matters and third party workplace investigations. 39. Transfers To Reserve Funds are over budget by $1,850,000. At year end and as per Attachment 1, the total labour, benefits and overtime for the levy budget was in a surplus position of $1.85M. As a result staff elected to transfer the $1.85M surplus to the underfunded WSIB reserve fund increasing that reserve fund balance from $1.4M to $3.3M (reserve fund target = $9.8M). 40. Transfers to Special Purpose Reserves are over budget by $151,384 as staff transferred the Sun Life refund noted in Other Revenues (#36) to the underfunded SPR 278 Post Employment Benefits increasing the SPR balance from $601,000 to $752,000 (reserve fund target = $6.9M) Transit Services 41. Sales has a favourable variance of $120,000 due to the Niagara Parks Commission purchasing (4) surplus diesel buses from the City as a result of the transit amalgamation with the region. 42. From Reserve Funds is over budget by $223,059 or 48.7% due to WEGO contracted services being $376,000 over the anticipated budget of $1.7M. More funds were needed from the Reserve Fund to offset the overage. Page 7 of 88 Page 222 of 547 43. Labour and Benefits has an unfavourable variance of $666 due to year end labour accruals for OMERS. 44. WSIB has an unfavourable variance of $54,759. The City is responsible to pay legacy Transit WSIB costs. Staff have corrected this budget in 2024. 45. Insurance Premiums has a favourable variance of $45,756 due to refunds and credits from the insurance provider ending the 2023 coverage as a result of amalgamation with the region. 46. Contracted Services has a favourable variance of $140,012. There was an overage of $376,000 in WEGO contracted services as noted in #42 above however there was also contingency for amalgamation carry over issues budgeted for $500,000 was not required resulting in the positive variance. 47. To Special Purpose Reserves has an unfavourable variance of $486,441. At year end Transit was in a surplus position and as a result staff elected to transfer $45,000 to SPR 136 Risk Management Stabilization increasing the reserve balance from $142,000 to $187,000 and $441,000 to SPR 77 Tax Rate Stabilization. ATTACHMENT 4 - CORPORATE SERVICES DIVISION SUMMARIES Procurement Department 48. Employee Benefits are under budget by $21,323 or 13.3% due to an over- estimate of employee benefits for 2023 budget. 49. Materials are under budget by $17,206 or 66.2% due to under utilization of corporate letterhead and envelopes. Information Services Department 50. Materials are over budget by $107,892 or 4.5%. Approximately $55,000 of the pressure in Materials is due to expenditures to Niagara Regional Broadband Network (NRBN) for fiber optic, wireless, and phone data services exceeding budget. The remaining deficit is attributable to a variety of software related costs exceeding budget. Legal Services Department 51. Revenue from Other Municipalities are over budget by $10,858. The favourable variance in Revenue from Other Municipalities is from a recovery of costs, billed to the Niagara Region related to an assessment appeal. Page 8 of 88 Page 223 of 547 52. User Fees are under budget by $29,760 or 36.3%. Legal Services’ User Fees are subject to material variations year over year and are consistent/offset with a surplus generated in Contracted Services, as noted below. 53. Contracted Services are under budget by $239,215 or 47.8%. Approximately $209,000 of the surplus is attributable to expenditures for external counsel being less than budgeted. The remaining surplus was generated from Teraview title search expenditures. 54. Transfers To Special Purpose Reserves are over budget by $230,000. At year end Legal was in a surplus position and as a result staff elected to transfer $230,000 to SPR 324 Legal Stabilization increasing the reserve balance from $50,000 to $230,000. Risk Management Services 55. Materials are under budget by $314,694 or 62.9% due to claim payouts and deductible payments made during the year being less than budgeted. Claims are subject to significant variability year to year and 2023 was a particularly beneficial year for the City with relatively low payouts and deductible payments being required. 56. Insurance Premiums are over budget by $200,178 or 87.0% as a result of Staff budgeting an insufficient amount. 57. Transfers To Special Purpose Reserves are over budget by $88,000. At year end Risk Management was in a surplus position and as a result staff elected to transfer $88,000 to SPR 136 Risk Management Stabilization increasing the reserve balance from $187,000 to $275,000. Finance Department 58. Taxation City General/Urban Service has a favourable variance of $1,446,866 and Taxation Waste Management has a favourable variance of $160,557 both as a result of the Supplemental tax billings that occurred during 2023. This surplus was transferred to the Tax Rate Stabilization Reserve. 59. Taxation Write Offs have a favourable variance of $782,464 as a result of the lack of reassessment. Many of the City's assessment appeals have wrapped up now with the Assessment Review Board. Since the Province has delayed the reassessment year there are very few new appeals being filed. This has created a good opportunity to allocate the surplus in assessment appeals to the Tax Write Off Stabilization reserve to build up the reserve from it's $287,000 balance to now $1,000,000 in anticipation of future appeals and future write offs when the reassessment year occurs. Page 9 of 88 Page 224 of 547 60. Payment in Lieu of Taxation has a favourable variance of $317,148 due to higher amounts being billed than estimated. This surplus was transferred to the Tax Rate Stabilization Reserve and the budget has been adjusted for 2024. 61. Casino Revenues are over budget by $5,809,337 or 41.5%. Staff budgeted a modest $200,000 increase in Casino Revenue for a total budget of $14M as Staff were still uncertain of the impact that the opening of Woodbine Casino as well as the prevalence of online gambling would have on OLG Casino Revenues. Actual funding totaled $19,809,337. The Casino Policing Unit received 18% of the additional $5,809,337 with the remainder transferred to the OLG Reserve Fund to be used for Capital Asset Investment. This unbudgeted transfer resulted in a corresponding variance in Transfers to Reserve Funds, as noted below. 62. Donationsare under budget by $64,290. In 2018 and 2019 sleep cheap revenue was transferred to the hospital reserve in error that should have remained as a payable. The balance in 2023 is the result of the reversal to correct the error. There is an offset in From Reserve Funds for this correction resulting in no variance. 63. Investment Revenues are over budget by $3,756,289 or 157.7%. 2023 Investment Revenues were budgeted by Staff based on an average of rates experienced in 2022. From the beginning of 2022 to the end of 2023, bank rates substantially increased from 0.5% to 5.25%. This significantly higher bank rate affected the City’s interest rate on all bank accounts, including and in particular the City’s High Interest Savings Accounts, resulting in favourable interest income being generated in 2023. Furthermore, a change in the City’s 2023 investment strategy resulted in significantly reduced losses experienced in 2023, yielding additional favourable investment revenues being generated in 2023. This surplus of $3.8M was transferred to three different special purpose reserves, $2.9M to DC Exemptions bringing the SPR balance from $80,000 to $3.0M, $0.5M to Strategic Investments bringing the SPR balance from 0.6M to $1.1M and $0.5M to Recreation Facilities bringing the CSPR balance from $0.5M to $1.0M. 64. Penalties and Interest Revenues are over budget by $1,134,323 or 59.4%. Due to the on-going uncertainty throughout the Pandemic and the closure and restrictions of various industries and businesses, Council elected to keep year- over-year budget increases in 2021 and 2022 low, through mitigations, Federal and Provincial funding, and the use of discretionary reserves. However, in 2023, Council approved a 7.9% levy increase as the mitigations applied and use of reserves throughout the Pandemic were not sustainable. In addition the City saw a reduction or elimination of Federal and Provincial Covid-19 funding that the City was previously eligible for. As a result of the significant taxation increase in 2023, the City saw a large increase in Penalties and Interest Revenues. This surplus was transferred to the Tax Rate Stabilization Reserve. Page 10 of 88 Page 225 of 547 65. User Fee Revenues are over budget by $116,104 or 49.4%. The City’s Financial/Taxation User Fees (e.g. providing taxation information and statements of account, registration fees, etc.) are subject to variability year-over-year and 2023 User Fee Revenues exceeded Staff’s estimate by approximately $61,000. The remaining favourable variance in User Fee Revenues was due to a foreign exchange gain of approximately $55,000. 66. Transfers From Special Purpose Reserves are under budget by $150,000 or 100.0%. Staff budgeted for an allowance for uncollectible Waste Management taxation of $150,000 and an offsetting $150,000 Transfer From the Waste Management Taxation Stabilization Special Purpose Reserve to fund this budgeted allowance however the Waste Management Supplementals exceeded the Write Offs resulting in Waste Management being in a surplus position. 67. Transfers from Obligatory Reserve Funds are over budget by $127,835 due to unbudgeted interest income contributions from the Transit Gas Tax Reserve Fund. 68. Labour is over budget by $202,631 or 9.7% and Employee Benefits Allocation is over budget by $49,475 or 8.3% primarily due to net pressures in staffing costs related to a mat leave coverage and ERP backfills. The budget has been corrected for 2024. 69. Materials are under budget by $121,253 or 509%. Materials are primarily under budget as a result of a write-off of a 2021 accrued liability of $130,0000 relating to a Hockey Canada Platinum Sponsorship. This favourable variance is offset by an unfavourable variance in Transfers to Capital SPR, as noted below in Transfers to Capital SPR. 70. Rents and Financial Expenses are over budget by $176,036 or 91.1%. In 2023, the City engaged Dixon Commercial Investigators to conduct a thorough investigation into the collectability of old outstanding customer accounts owing to the City. This investigation yielded a conclusion that a total of $165,013 in amounts owing to the City were uncollectible, which were therefore written off, and resulted in the majority of the unfavourable variance in Rents and Financial Expenses for 2023. 71. External Transfers are under budget by $419,863 or 10.0%. 95% of the City’s collections of Municipal Accommodation Tax are remitted to the Niagara Falls Canada Hotel Association (NFCHA), whose purpose is to promote the City of Niagara Falls, Ontario as a tourism destination. External Transfers are under budget as a result of less than budgeted remittances to the NFCHA. 72. Transfers to Capital Reserves are over budget by $769,337 or 16.5%. $130,000 of the unfavourable variance is due to a Transfer to the General Capital Special Purpose Reserve as a result of a write-off of a 2021 accrued liability of Page 11 of 88 Page 226 of 547 $130,000 relating to a Hockey Canada Platinum Sponsorship. A further $121,336 of the unfavourable variance is a result of an unbudgeted transfer to the Transit Capital Special Purpose Reserve due to unbudgeted interest on outstanding Transit Gas Tax owing to the City being received in 2023. Lastly a transfer of $500,000 from some of the investment income surplus was made to to CSPR 26 Recreation Facilities increasing the Recreation Facilities CSPR from $495,000 to $995,000. 73. Transfers to Reserve Funds are over budget by $5,747,149 or 60.7%. The deficit in Transfers to Reserve Funds is primarily as a result of the surplus in OLG Casino Revenue generated for the year of $5,809,337 which was transferred to the OLG Reserve Fund. 74. Transfer to Special Purpose Reserves are over budget by $7,071,936. This is a combination of SPR transfers mentioned in the Finance section above as a result of the surpluses in #58 and #60 Taxation ($1.4M + $0.3M), #59 Write Offs ($0.7M), #63 Penalties and Interest ($1.1M) and #64 Investment income ($3.8M). As a result of the SPR transfers to the tax rate stabilization reserve this reserve balance was able to increase from negative 229,801 (negative due to the 2022 deficit) to a much healthier $3.0M. ATTACHMENT 5 - MUNICIPAL WORKS DIVISION SUMMARIES Roadway Services 75. Other Revenue has an unfavourable variance of $88,376 or 80.3% due to the revenue recognition of developer fees being less than anticipated. 76. Permits has a favourable variance of $14,600 due to the 2023 budgeted road occupancy permit revenue which was budgeted under User Fees for $13,000. 77. From Special Purpose Reserves has an unfavourable variance of $41,609. This budget was brought in from SPR 27 to fund some of the additional trees planned in 2023, however underspend in Forestry resulted in this transfer being unused. 78. From Reserve funds has a favourable variance of $65,047 due to tree planting in the Warren Woods subdivision funded by the development reserve. 79. From Development Charges has an unfavourable variance of $417,511. This variance relates to the Development Charges-eligible portion of the debt placeholder for the Montrose/Biggar/Reixinger Road project. As this represents a placeholder rather than an actual incurred debt charge, it is not eligible for drawdown from the Development Charges reserve. This variance is offset by an unfavourable variance in To CSPR (DC Debt Placeholder), resulting in no net financial impact. Page 12 of 88 Page 227 of 547 80. Labour and Benefits has an unfavourable variance of $1,413,796 or 26.6%. The Municipal Works roadway, winter control, and park departments showed an overall unfavourable variance of $1,063,589 primarily due to higher-than- anticipated staffing levels, including the use of temporary staff to backfill long- term absences and meet operational demands. In 2023, budgeted labour costs were reallocated across multiple responsibility centres to more accurately reflect operational needs and improve budget alignment. However, some actual labour expenses continued to be posted to the original budgeted locations, resulting in both significant favourable and unfavourable variances across individual centres. The approximate $1.4M increase for Municipal Works operations labour has been addressed in the 2024 budget. 81. Contracted Services has a favourable variance of $468,000 or 28.8% mainly driven by unused patching budget under paved surface maintenance roadways. This timing issue resulted in the 2024 budget to take on more patching. In addition, there was minimal spend under the bridges and culverts budget which also resulted in a significant favourable variance. This was partially offset by an unfavourable variance in roadside maintenance for waste disposal. 82. Rents and Financial Expenses has a favourable variance of $49,282 or 30.3% due to the Forestry division’s budget for a chipper and truck rental remaining unused, this was partially offset by the roadside maintenance for spring/summer operations vehicle rentals. 83. Debt Charges has a favourable variance of $72,293 or 38.0% due to timing of debt issuance to the Region for the 2020 road rehabilitation debenture. 84. Internal Rent has a favourable variance of $261,083 or 13.0% due to fuel prices and repairs/maintenance, the 2023 budget was developed under the assumption that fuel prices would remain at an all-time high, however during the year fuel prices have declined resulting in a favourable year end variance. 85. To Special Purpose Reserves has an unfavourable variance of $25,000 due to a transfer of unused $25k Bridges and Culverts Inspections to 2024. Winter Control Services 86. Labour and Benefits has a favourable variance of $527,368 or 28.1%. The Municipal Works roadway, winter control, and park departments showed an overall unfavourable variance of $1,063,589 primarily due to higher-than- anticipated staffing levels, including the use of temporary staff to backfill long- term absences and meet operational demands. Page 13 of 88 Page 228 of 547 In 2023, budgeted labour costs were reallocated across multiple responsibility centres to more accurately reflect operational needs and improve budget alignment. However, some actual labour expenses continued to be posted to the original budgeted locations, resulting in both significant favourable and unfavourable variances across individual centres. The approximate $1.4M increase for Municipal Works operations labour has been addressed in the 2024 budget. 87. Materials has a favourable variance of $246,952 or 34.4% due to a mild winter in 2023 resulting in a lower utilized salt and sand. While the budget for this line is based on historic trends, actual figures often deviate from the budgeted amounts due to uncertainties in weather. 88. Contracted Services has a favourable variance of $328,253 or 57.0% due to lower than anticipated street sweeping program costs. While the budget for this line is based on historic trends, actual figures often deviate from the budgeted amounts due to uncertainties in weather. Streetlighting Services 89. From Development Charges has an unfavourable variance of $22,528. This variance relates to the Development Charges-eligible portion of the debt placeholder for the Montrose/Biggar/Reixinger Road project. As this represents a placeholder rather than an actual incurred debt charge, it is not eligible for drawdown from the Development Charges reserve. This variance is offset by an unfavourable variance in To CSPR (DC Debt Placeholder), resulting in no net financial impact. 90. To Special Purpose Reserves has an unfavourable variance of $75,429, this is a transfer of the 2023 favourable electricity saving to the Energy Climate Initiatives special purpose reserve (SPR 340). This is the first year that the City has contributed to the reserve with the goal of utilizing this reserve for future energy/climate initiatives. Engineering Services 91. Other Revenue has an unfavourable variance of $686,121 or 61.2%. The variance is due to the revenue recognition of developer fees being less than anticipated. In 2023 there were only $89,000 in developer fees collected and deferred. There was a total of $282,000 in developer fees recognized from 2023, 2022, and 2021. There was $438,000 budgeted for new development service inspection, streetlight inspection, and third party system modeling revenue that has an offset budgeted in contracted services that was not fully utilized resulting in a favourable and offsetting variance of $429,469 in Contracted Services. Page 14 of 88 Page 229 of 547 Contracted Services has a favourable variance of $588,849 or 88.2% due to Development Services outlined above. Infrastructure services had a budget of $100,000 for prioritization & corridor tool, TCA process review, and GEO database review that was unused in 2023. Engineering, project, and construction had $50,000 in engineering studies unused. 92. Labour and Benefits has a favourable variance of $273,747 or 13.2% due to gapping and partial vacancies. Fleet Services 93. Sales has a favourable variance of $615,522 due to the disposal of vehicles and equipment through auctions and scrap sales. In 2023, as part of an initiative to streamline capital reporting, the decision was made to centralize the proceeds from vehicle and equipment sales within the Fleet Division rather than allocating them directly to individual capital projects. As the Fleet Division is designed to net to zero at year-end through a reserve transfer, the proceeds from these sales are subsequently transferred to the Fleet Capital Special Purpose Reserve. 94. From City Operating (Internal Rent) has an unfavourable variance of $1,014,778 or 13.4% due to fluctuations in variable cost recoveries within the Fleet Department. Internal rent is charged to City departments to recover costs related to fuel, repairs and maintenance, as well as fixed costs such as insurance, licensing, and future vehicle replacement. While fixed costs are fully recovered in accordance with the approved budget, actual fuel consumption and repair/maintenance costs often vary from projections. These components are budgeted based on historical trends; however, due to the inherent unpredictability of fuel prices and maintenance needs, actuals frequently diverge from budgeted figures, resulting in this variance. 95. Labour and Benefits has a favourable variance of $247,553 or 14.7% due to gapping and partial vacancies. 96. Materials has an unfavourable variance of $582,534 or 35.3% due to higher- than-anticipated costs related to repairs and maintenance. These increased costs were driven by inflationary pressures and the impact of unfavourable U.S. exchange rates. In addition, the ongoing shortage of new vehicles largely a result of pandemic-related supply chain disruptions has led to extended lead times for new fleet purchases. As a result, additional investment in repairs and maintenance was required to keep the existing fleet operational and ensure service levels were maintained. Storm Sewer Maintenance Services Page 15 of 88 Page 230 of 547 97. From Development Charges has a unfavourable variance of $111,292. This variance relates to the Development Charges-eligible portion of the debt placeholder for the Montrose/Biggar/Reixinger Road project. As this represents a placeholder rather than an actual incurred debt charge, it is not eligible for drawdown from the Development Charges reserve. This variance is offset by an unfavourable variance in To CSPR (DC Debt Placeholder), resulting in no net financial impact. 98. Contracted Services has an unfavourable variance of $352,587 or 99.5% due to an increase in locates services and significant work done on catch basin and ditch inlets. In addition, unbudgeted work was done due to a third party contamination of the sewer water resulting in the City extracting and safely transporting the contamination away from the incident location. Transportation Services 99. From Development Charges has an unfavourable variance of $27,303. This variance relates to the Development Charges-eligible portion of the debt placeholder for the Montrose/Biggar/Reixinger Road project. As this represents a placeholder rather than an actual incurred debt charge, it is not eligible for drawdown from the Development Charges reserve. This variance is offset by an unfavourable variance in To CSPR (DC Debt Placeholder), resulting in no net financial impact. 100. Labour and Benefits has an unfavourable variance of 93,931 or 6.0% due to the increase in demand for road closures in 2023. 101. Contracted Services has an unfavourable variance of $192,341 or 34.0% due to several unbudgeted expenditures, most of which were approved by Council. These include costs associated with the Downtown BIA string lighting project, which is fully offset by a corresponding revenue contribution from the BIA. Additionally, contracted services were required for the closure of Clifton Hill and Murray Hill on holiday weekends, a measure implemented to manage increased pedestrian traffic and ensure public safety. These services included security personnel and NRPS Paid Duty, both of which were not included in the original budget but were approved by Council. Furthermore, unbudgeted costs related to the installation of Centre Street patios also contributed to the variance. A substantial portion of the variance is explained by these initiatives, with the remainder attributable to general increases in contracted service requirements. Parks and Athletic Fields 102. From Capital SPR has an unfavourable variance of $90,000. This relates to (2) capital items being budgeted in the operating budget as follows: Ker Park Page 16 of 88 Page 231 of 547 Washroom Repair - $45,000, Chippawa Lions Park Washroom Repairs - $45,000. Due to the overall surplus in the levy budget a decision was made to allow the surplus to cover the expenditure rather than decreasing the available funds in the Capital Special Purpose Reserve. 103. Labour and Benefits has an unfavourable variance of $177,162 or 11.3%. The Municipal Works roadway, winter control, and park departments showed an overall unfavourable variance of $1,063,589 primarily due to higher- than-anticipated staffing levels, including the use of temporary staff to backfill long-term absences and meet operational demands. In 2023, budgeted labour costs were reallocated across multiple responsibility centres to more accurately reflect operational needs and improve budget alignment. However, some actual labour expenses continued to be posted to the original budgeted locations, resulting in both significant favourable and unfavourable variances across individual centres. The approximate $1.4M increase for Municipal Works operations labour has been addressed in the 2024 budget. 104. Contacted Services has an unfavourable variance of $139,179 or 33.4% due to overspending in landscaping beautification. 105. Debt Charges has a favourable variance of $93,783 or 35.2% due to timing of debt issuance to the Region. This represents Phase 1 of the debenture for the Oakes Park Canada Summer Games project. ATTACHMENT 6 - PLANNING, BUILDING AND DEVELOPMENT DIVISION SUMMARIES Planning Department 106. User Fees are over budget by $304,964 or 67.8%. 2023 Planning User Fee revenues were budgeted cautiously optimistic, higher than pre-pandemic levels. Actual Planning application related User Fee revenues came in significantly higher than budgeted, reflecting a strong bounce back from pandemic lows. 107. Labour is under budget by $394,615 or 22.5% and Employee Benefits are under budget by $104,800 or 22.8%. Labour savings are attributable to the unbudgeted capitalization of approximately $139,000 in labour towards the Streamline Development Approval capital project, geared towards implementing initiatives that expediate the development approval process. The remaining surplus of approximately $256,000 is due primarily to gapping and vacancies associated with Senior Planners. Page 17 of 88 Page 232 of 547 108. Contracted Servicesis under budget by $67,751 or 45.2%. This favourable variance is attributed to expenditures incurred on planning studies and other contracted services for work on Housing Strategies being less than budgeted. 109. Rents and Financial Expensesis over budget by $520,404 or 520.4%. Due to Council Approved DC exemptions specifically driven by the Brownfield Rehab Grant. 110. Transfers to Special Purpose Reserves are over budget by $331,395 due to the savings associated with the capitalization of labour out of operating into the Streamline Development Approval capital project, as noted above, an unbudgeted transfer of approximately $71,000 was made to the Tax Rate Stabilization Special Purpose Reserve. In addition to this, a $40,000 unbudgeted transfer to the Planning Studies Special Purpose Reserve was made to encumber the approved 2023 budget of $40,000 associated with the affordable housing planning study that was deferred to completion into 2024 and lastly $220,000 was transferred to SPR 342 CIP Initiatives to build up an SPR for a new CIP program. Building Department 111. Transfers From Reserve Funds are under budget by $554,052 or 17.9%. Transfers from the Building Services’ Permit Stabilization Obligatory Reserve were under budget due to total operating expenses being under budget by approximately $558,000. 112. Labour is under budget by $292,824 or 15.1% and Employee Benefits are under budget by $144,907 or 25.7%. The favourable variance in labour is primarily due to gapping and vacancies in Building Services’ unionized complement amounting to approximately $289,000. 113. Memberships/Subscriptions are under budget by $52,543 or 83.2% due to the capitalization of Cityview membership costs which were eligible for capital project funding in the Streamline Development Approval capital project. 114. Contracted Services are under budget by $65,650 or 58.8% due to a surplus of approximately $68,000 on external consultants, which were budgeted for various items, including the building fee study completed in 2023. Municipal Enforcement Department 115. User Fees are over budget by $86,365 or 78.9%. The favourable variance was due to higher than budgeted weed control user fees, which offsets the deficit in Contracted Services, as noted below. Page 18 of 88 Page 233 of 547 116. Labour is over budget by $61,173 or 8.1% and Employee Benefits are over budget by $17,639 or 8.4%. Approximately $51,000 of the deficit in labour was attributable to actual compensation exceeding budget for two municipal enforcement clerks and six municipal enforcement officers. 117. Contracted Services are over budget by $41,709 or 27.2% due primarily to a deficit of $59,000 associated with construction contractors and weed control expenditures. Community Improvement Plans 118. Other Municipalities are over budget by $18,206 due to unbudgeted revenue recovered from the Niagara Region associated with the City’s Brownfields Community Improvement Plan (CIP) grant program. 119. Transfers From Special Purpose Reserves are under budget by $161,795 or 89.9% primarily as a result of External Transfers/Grants being under budget by approximately $144,000. Transfers From Special Purpose Reserves were budgeted to fully fund all budgeted CIP grants; therefore, due to External Transfers being under budget, less Transfers from Special Purpose Reserves were required. 120. External Transfers are under budget by $143,589 or 79.8% due to lower than budgeted CIP grant payments issued and awarded in 2023. ATTACHMENT 7 - RECREATION, CULTURE AND FACILITIES SUMMARIES Cemeteries Department 121. Investments has an unfavourable variance of $95,216 or 95.2%. Staff have budgeted for $100,000 of investment income and due to continued unfavorable market conditions in 2023 the City had investment losses resulting in the $95,216 variance. 122. Sales has a favourable variance of $143,145 and User Fees has a favourable variance of $58,266 both due to higher than anticipated lot sales and burials. 123. Materials and Contracted Services combined has a favourable variance of $8,278 due to lower than anticipated landscaping beautification and monument repair and restoration. 124. Transfer to Capital Special Purpose Reserves has an unfavourable variance of $237,000. At year end Cemeteries was in a surplus position due to the favourable sales/user fees exceeding budget and as a result staff elected to Page 19 of 88 Page 234 of 547 transfer $237,000 to CSPR 28 Cemetery Site Improvements increasing the reserve balance from $39,000 to $276,000 to be used on future capital initiatves. Recreation Programs 125. Federal Grants has a favourable variance of $25,000 due to the Canada Day Heritage grant increasing to $45,000 from $20,000 in previous years. 126. Grants has a favourable variance of $20,733 due to McCall aquatics MacBain grant, Seniors Active Living special grant, and Cyber Seniors Connecting Generations Grant for Rental Space. These grants were not budgeted for resulting in the favourable variance. 127. Donations has a favourable variance of $11,500 due to donations for the Christmas Parade event, previously the Christmas parade was run by the Downtown BIA, however with the dissolution of the Downtown BIA the City ran this event. 128. Other Revenue has a favourable variance of $44,882 due to aquatics certification revenue for indoor and outdoor pools. 129. User Fees has a favourable variance of $181,958 due to higher than anticipated indoor swimming lessons revenue and higher intake of older adult’s user fees which can be attributed to the COVID recovery. 130. Labour and Benefits has an unfavourable variance of $186,607 or - 10.5%. The Recreation, Culture, and Facilities department showed an overall favourable variance of $145,834, primarily due to gapping and unfilled positions throughout the year. In 2023, budgeted labour costs were reallocated across multiple responsibility centres to more accurately reflect operational needs and improve budget alignment. However, some actual labour expenses continued to be posted to the original budgeted locations, resulting in both significant favourable and unfavourable variances across individual centres. This accounting discrepancy contributed to the overall department variance and has been identified for correction in future budget periods. 131. Materials has an unfavourable variance of $58,428 or 34.3% due to the Christmas parade that was taken over by the City there is a partial offset of Donations outlined in note #127. In addition, higher materials usage at the older adults programs as a result of the increase in user fees outlined in note #129. 132. Contracted Services has an unfavourable variance of $37,391 due to unbudgeted third party program instructors at the MacBain community centre Page 20 of 88 Page 235 of 547 which has been addressed and included in future budgets. In addition, this resulted in partial savings in MacBain community centre labour. Civic Facilities 133. Labour and Benefits has an unfavourable variance of $89,524 or 7.2%. The Recreation, Culture, and Facilities department showed an overall favourable variance of $145,834, primarily due to gapping and unfilled positions throughout the year. In 2023, budgeted labour costs were reallocated across multiple responsibility centres to more accurately reflect operational needs and improve budget alignment. However, some actual labour expenses continued to be posted to the original budgeted locations, resulting in both significant favourable and unfavourable variances across individual centres. This accounting discrepancy contributed to the overall department variance and has been identified for correction in future budget periods. 134. Natural Gas has an unfavourable variance of $20,509 or 30.4% due to underbudgeting of service center natural gas, this has been addressed in the 2024 budget. While the budget for this line is based on historic trends, actual figures often deviate from the budgeted amounts due to uncertainties in usage. Recreation Facilities 135. Other Municipalities has a favourable variance of $42,390 due to recoveries from the Niagara Region for homelessness use of the summer street former Older Adults building. 136. Other Revenue has an unfavourable variance of $60,847 or 50.1% due to lower than anticipated Library hydro and water payments for the MacBain facility usage. 137. User Fees has a favourable variance of $92,806 or 5.7% due to higher than budgeted ice rental revenue at the Gale Centre arena partially offset by lower than budgeted ice rental revenue at the Chippawa Arena. 138. Labour and Benefits has a favourable variance of $257,869 or 8.7%. The Recreation, Culture, and Facilities department showed an overall favourable variance of $145,834, primarily due to gapping and unfilled positions throughout the year. In 2023, budgeted labour costs were reallocated across multiple responsibility centres to more accurately reflect operational needs and improve budget alignment. However, some actual labour expenses continued to be posted to the original budgeted locations, resulting in both significant favourable and Page 21 of 88 Page 236 of 547 unfavourable variances across individual centres. This accounting discrepancy contributed to the overall department variance and has been identified for correction in future budget periods. 139. Natural Gas has an unfavourable variance of $72,884 or 27.6%. The 2023 budget was developed based on historical actuals, which were lower than normal due to reduced usage during the pandemic. As a result, actual natural gas costs in 2023 exceeded budgeted amounts. This variance has been considered and addressed in the development of the 2024 budget. While historical trends are used to inform budget estimates, actual usage can vary significantly due to factors such as weather and operational needs. 140. Contracted Services has an unfavourable variance of $38,845 or 6.1% mainly due to refrigeration costs at the Gale Centre. The pandemic and environmental regulations have negatively impacted the supply of refrigerant fluids which has resulted in an increase of cost. 141. To Capital Special Purpose Reserve has an unfavourable variance of $78,000. At year end Arena's and Other Rec Facilities were in a surplus position due to the favourable user fees exceeding budget and as a result staff elected to transfer $78,000 transfer of Gale Center and Other Recreation Facility Services surplus to CSPR 26 Recreation Facilities increasing the reserve balance from $1.0M to $1.1M. Museum and Culture Services 142. Labour and Benefits has a favourable variance of $164,095 or 12.2%. The Recreation, Culture, and Facilities department showed an overall favourable variance of $145,834, primarily due to gapping and unfilled positions throughout the year. In 2023, budgeted labour costs were reallocated across multiple responsibility centres to more accurately reflect operational needs and improve budget alignment. However, some actual labour expenses continued to be posted to the original budgeted locations, resulting in both significant favourable and unfavourable variances across individual centres. This accounting discrepancy contributed to the overall department variance and has been identified for correction in future budget periods. 143. Contracted Services has a favourable variance of $173,109 or 56.9%. The 2023 budget increased the security costs at the Battleground Hotel for $28,000 that was unused along with the under utilization of the RES budget of $29,000. In addition, the Exchange building was assumed halfway through 2023 which resulted in savings in building maintenance and programming costs. Page 22 of 88 Page 237 of 547 144. To Capital SPR has an unfavourable variance of $200,000. At year end Museum/Exchange were in a surplus position due to the favourable contracted services variance in #143 above and as a result staff elected to transfer $200,000 of Niagara Falls Exchange and Museum Facility Maintenance surplus to CSPR 68 Cultural Services bringing the reserve balance from $10,000 to $210,000 to fund future capital needs. Operational Implications and Risk Analysis Nothing to note. Financial Implications/Budget Impact Majority of the financial implications have been communicated above in the analysis section. SURPLUS/DEFICIT Per the City's 2022 financial statements there is an accumulated surplus of $328,875 in the tax levy supported operating fund. As per attachment 1 - Staff have left a small deficit of $2,937 in the tax levy supported operating fund for the year ended December 31, 2023 which will bring the accumulated surplus to a total of $325,938. RESERVES AND RESERVE FUNDS Attachment 8 highlights the City's reserve and reserve fund activity for 2023 with total reserve and reserve funds growing by $9.9M from $165.6M to $175.5M. This $9.9M increase can be largely attributed to the following reserve entries as we can see in Attachment 1, Overall Revenue and Expenses Summary:  Taxation, Payment in Lieu (PIL) of Taxes, and Penalties and Interest positive variances of $1.4M, $0.3M and $1.1M respectively. Taxation/PIL variances due to Supplementals and Penalties and Interest due to higher than anticipated receivable balances. These variances were able to be reserved into the Tax Rate Stabilization Reserve adding $2.8M for an ending tax rate stabilization reserve balance of $3.0M  Taxation write offs positive variance of $782,464 due to appeals having made their way through the system and very few new appeals with the lack of reassessment allowing us to reserve this variance of $0.7M into the Tax Write Off Stabilization reserve increasing the reserve balance to $1.0M.  Labour, Benefits and Overtime positive variance of $1.8M due to vacancies and gapping was able to be reserved into the WSIB reserve fund increasing the balance to $3.3M which increases the WSIB reserve fund from 14% funded to 33% funded (target = $9.8M), leaving it underfunded by $6.5M. Page 23 of 88 Page 238 of 547  Investment income positive variance of $3.7M due to higher than budgeted interest rates. This variance was transferred into Development Charge Exemptions SPR ($2.9M), Strategic Initiatives (0.5M) and Recreation Facilities (0.5M). Operating Special Purpose Reserve (SPR) balances totaled $15.0M at December 31, 2022 with total contributions during 2023 of $9.5M, operating uses of $534,928, a small capital use of $25,000 and transfers of $161,932 from Operating SPRs to Capital Special Purpose Reserves as per the 2022 variance report for ending operating SPR balances as at December 31, 2023 totaling $23.7M as follows:  $16.0M - General (2022 - $7.5M)  $1.5M - Water (2022 - $1.4M)  $6.2M - Wastewater (2022 - $6.0M) Capital Special Purpose Reserve (CSPR) balances totaled $32.5M at December 31, 2022 with total contributions during 2023 of $30.0M and capital uses of $25.7M, for ending CSPR balances as at December 31, 2023 totaling $37.0M as follows:  $18.6M - General (2022 - $15.4M)  $10.9M - Water (2022 - $10.1M)  $7.5M - Wastewater (2022 - $7.0M) Obligatory Reserve Funds consist of Development Charges, the Building Reserve Fund and grant funding that can only be used for specific purposes. Obligatory reserve fund balances totaled $61.7M at December 31, 2022 with total contributions during 2023 of $19.3M, operating uses of $4.9M, capital uses of $14.1M, and the transfer of Transit Development Charges and Transit Gas Tax to the Region of $5.4M for ending balances as at December 31, 2023 totaling $56.5M. Discretionary Reserve Fund balances totaled $56.1M at December 31, 2022 with total contributions during 2023 of $18.6M, operating uses of $5.1M and capital uses of $11.7M, for an ending balance as at December 31, 2023 totaling $57.9M. OPERATING SPECIAL PURPOSE RESERVE BALANCE UPDATES (attachment 9) As part of ongoing clean up efforts staff wish to consolidate 22 Special Purpose Reserves not needed for the individual purpose they were originally earmarked for. Please see attachment 9 for detailed charts of staff's recommended special purpose reserve consolidations which includes the following recommendations:  Rename 4 SPRs Page 24 of 88 Page 239 of 547  Discontinue 1 SPR and transfer the balance to SPR 227 Tax Write Off Stabilization  Discontinue 1 SPR and transfer the balance to SPR 296 Election  Discontinue 5 SPRs and transfer the balances to SPR 77 Tax Rate Stabilization Reserve  Discontinue 1 SPR and transfer the balance to CSPR 106 Equipment Reserve  Discontinue 3 SPRs and transfer the balances to SPR 258 Horizontal & Vertical Control Monumentation  Discontinue 1 SPR and transfer the balance to CSPR 2 General - IS - Unallocated  Discontinue 3 SPRs and transfer the balance to the newly named SPR 246 Older Adult Activities and Programs  Discontinue 1 SPR and transfer the balance to the newly named SPR 264 Youth Initiatives  Discontinue 1 SPR and transfer the balance to SPR 276 Park in the City  Discontinue 1 SPR and transfer the balance to the newly named SPR 83 Culture Initiatives.  Discontinue 4 SPRs and transfer the balances to the newly named SPR 18 Facility Stabilization Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments:  To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources and by making sound long-term choices that allow core City programs and services to be sustainable now and into the future.  To be efficient and effective in our delivery of municipal services and use of resources and accountable to our citizens and stakeholders Strategic Plan Pillars Sustainability - Financial Page 25 of 88 Page 240 of 547 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) Matt Greenfield, Senior Financial Analyst Sebastian Zukowski, Senior Financial Analyst Jennifer Little, Senior Financial Analyst Carol Cooney, Senior Financial Analyst List of Attachments F-2025-26 Attachment 1 - Overall Revenue and Expenses Summary F-2025-26 Attachment 2 - Mayor and Council, Committees, Boards and Grants F-2025-26 Attachment 3 - CAO (Chief Administrative Officer) Division F-2025-26 Attachment 4 - Corporate Services Division F-2025-26 Attachment 5 - Municipal Works Division F-2025-26 Attachment 6 - Planning, Building and Development Division F-2025-26 Attachment 7 - Recreation, Culture and Facilities Division F-2025-26 Attachment 8 - 2023 Reserves and Reserve Funds F-2025-26 Attachment 9 - Operating Special Purpose Reserve (SPR) Balance Updates Written by: Tiffany Clark, Director of Finance Sebastian Zukowski, Senior Financial Analyst Matt Greenfield, Supervisor, Financial Reporting and Analysis Submitted by: Status: Tiffany Clark, Director of Finance Approved - 21 May 2025 Shelley Darlington, General Manager of Corporate Services Approved - 21 May 2025 Jason Burgess, CAO Approved - 21 May 2025 Page 26 of 88 Page 241 of 547 Attachment 1 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Budget Actuals 2023 2023 $% REVENUES Taxation City General/Urban 83,821,935 85,268,801 (1,446,866)(1.7%) Taxation Capital Levy 1,151,070 1,169,029 (17,959)(1.6%) Taxation Waste Management*0 160,557 (160,557)N/A Taxation Write Offs (1,550,000)(767,536)(782,464)50.5% Taxation Other Charges 1,150 350 800 69.6% Payment in Lieu of Taxation 7,291,411 7,608,559 (317,148)(4.3%) Taxation 90,715,566 93,439,758 (2,724,192)(3.0%) Federal Grants 413,373 918,911 (505,538)(122.3%) Provincial Grants 607,331 606,646 685 0.1% Grants 60,000 102,598 (42,598)(71.0%) Other Municipalities 6,846 91,014 (84,168)(1229.4%) Grants 1,087,550 1,719,168 (631,618)(58.1%) Casino 14,000,000 19,809,337 (5,809,337)(41.5%) Donations 28,000 (1,528)29,528 105.5% Fines 15,500 956 14,544 93.8% Investments 2,482,600 6,143,765 (3,661,165)(147.5%) Licences 390,986 457,279 (66,293)(17.0%) Other Revenue 8,073,897 7,487,630 586,267 7.3% Penalties and Interest 1,911,125 3,045,448 (1,134,323)(59.4%) Permits 2,000 17,415 (15,415)(770.8%) Provincial Offences Act 16,983 70,464 (53,481)(314.9%) Rents 424,856 417,686 7,170 1.7% Sales 318,700 1,260,579 (941,879)(295.5%) Service Charges 10,000 17,297 (7,297)(73.0%) User Fees 4,186,865 5,015,492 (828,627)(19.8%) Miscellaneous Revenue 31,861,512 43,741,821 (11,880,309)(37.3%) From Capital SPR 90,000 0 90,000 100.0% From Special Purpose Reserves 696,609 282,682 413,927 59.4% From Reserve Funds 7,015,915 7,732,130 (716,215)(10.2%) From Development Charges 2,054,878 1,476,245 578,633 28.2% From Operating (Indirect Costs)603,035 603,035 0 0.0% From Operating (Internal Rent)7,573,307 6,558,529 1,014,778 13.4% Internal Transfers 18,033,744 16,652,620 1,381,124 7.7% TOTAL REVENUE 141,698,372 155,553,367 (13,854,995)(9.8%) (Over)/Under Budget Page 27 of 88 Page 242 of 547 Attachment 1 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Budget Actuals 2023 2023 $% EXPENSES Labour 50,952,136 49,458,974 1,493,162 2.9% Employee Benefits Allocation 13,760,852 13,266,831 494,021 3.6% Overtime 2,113,100 2,249,019 (135,919)(6.4%) Labour and Benefits 66,826,088 64,974,824 1,851,264 2.8% Advertising 208,000 189,610 18,390 8.8% Materials 6,287,066 6,089,277 197,789 3.1% Goods for Resale 45,000 35,010 9,990 22.2% Software Costs 2,290,900 2,426,112 (135,212)(5.9%) Professional Development 353,750 238,939 114,811 32.5% Conferences/Conventions 216,405 138,784 77,621 35.9% Membership/Subscriptions 216,162 170,116 46,046 21.3% Office Supplies 132,300 113,828 18,472 14.0% Insurance Premiums 1,711,450 1,754,440 (42,990)(2.5%) WSIB 916,000 1,192,390 (276,390)(30.2%) Materials 12,377,033 12,348,505 28,528 0.2% Electricity 2,464,200 2,286,026 178,174 7.2% Water 581,220 544,288 36,932 6.4% Natural Gas 441,400 548,424 (107,024)(24.2%) Utilities 3,486,820 3,378,737 108,083 3.1% Contracted Services*13,645,003 13,545,040 99,963 0.7% Snow Plowing 177,000 132,778 44,222 25.0% Fees for Service 6,868,853 6,843,413 25,440 0.4% Contracted Services 20,690,856 20,521,231 169,625 0.8% Rents and Financial Expenses 1,230,071 1,790,847 (560,776)(45.6%) External Transfers 5,509,848 4,842,183 667,665 12.1% Long Term Interest 2,396,731 2,276,469 120,262 5.0% Long Term Debt Principal 3,996,070 3,894,159 101,911 2.6% Debt Charges 6,392,801 6,170,628 222,173 3.5% *Waste Management Taxation Revenue budget of $8,449,043 removed from 2023 budget as well as corresponding $8,449,043 contracted services budget as this revenue is collected on behalf of the Region and does not belong in the City's budget. (Over)/Under Budget Page 28 of 88 Page 243 of 547 Attachment 1 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Budget Actuals 2023 2023 $% EXPENSES - continued Internal Rent 6,767,815 5,897,676 870,139 12.9% Indirect Costs 275,000 275,000 0 0.0% To Capital/Capital SPR 7,327,119 8,776,863 (1,449,744)(19.8%) To CSPR (Debt Placeholder)334,093 334,093 0 0.0% To CSPR (DC Debt Placeholder)578,899 0 578,899 100.0% To Reserve Funds 9,580,917 17,267,921 (7,687,004)(80.2%) To Special Purpose Reserves 237,012 8,971,924 (8,734,912)(3685.4%) To Trust Fund 84,000 (0)84,000 100.0% Internal Transfers 25,184,855 41,523,477 (16,338,622)(64.9%) TOTAL EXPENSES 141,698,372 155,550,431 (13,852,059)(9.8%) Surplus/(Deficit)0 2,937 2,937 (Over)/Under Budget Page 29 of 88 Page 244 of 547 Attachment 2 CS-2025-26 (Finance) May 27, 2025 MAYOR AND COUNCIL, COMMITTEES, BOARDS AND GRANTS Summaries Mayor and Councillors Committees Boards Grants The following responsibility centres are included in the above noted summaries: Mayor and Councillors 111000 - Mayor and Councillors 112000 - Office of the Mayor and Council Support Committees 113005 - Recreation Committee 113010 - Culture Committee 113015 - Committee of Adjustment 113030 - Park in the City 113050 - Mayor's Youth Advisory Committee 113060 - Senior Advisory Committee 113065 - Diversity & Inclusion Committee 113070 - Anti-Racism Committee 813000 - Municipal Heritage Committee Boards 361000 - Niagara District Airport Services 740000 - Library Services 821006 - Niagara Falls Illumination Board Grants 129001 - OPG Community Impact Agreement 129200 - Doctor Recruitment 220000 - Casino Policing 521000 - St. John's Ambulance Niagara - Water Patrol 610000 - Social Service Grants Page 30 of 88 Page 245 of 547 Attachment 2 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Mayor and Councillors Summary Budget Actuals 2023 2023 $% REVENUES From Special Purpose Reserves 0 8,321 (8,321)N/A [1] Internal Transfers 0 8,321 (8,321)N/A TOTAL REVENUE 0 8,321 (8,321)N/A EXPENSES Labour 613,232 621,918 (8,686)(1.4)% Employee Benefits Allocation 171,324 176,937 (5,613)(3.3)% Overtime 0 2,180 (2,180)N/A Labour and Benefits 784,556 801,034 (16,478)(2.1)% Materials 64,110 63,693 417 0.7% Professional Development 5,000 524 4,476 89.5% ADVERTISING 15,000 14,046 954 6.4% Insurance Premiums 959 869 90 9.3% Conferences/Conventions 15,000 5,491 9,509 63.4% Membership/Subscriptions 22,125 22,537 (412)(1.9)% Office Supplies 13,000 11,905 1,095 8.4% Materials 135,194 119,065 16,129 11.9% Contracted Services 6,000 68,363 (62,363)(1039.4)%[2] External Transfers 60,000 18,012 41,988 70.0%[3] Interdepartmental Transfers 0 26,877 (26,877)N/A [3] Internal Transfers 0 26,877 (26,877)N/A TOTAL EXPENSES 985,750 1,033,352 (47,602)(4.8)% Surplus/(Deficit)(985,750)(1,025,031)(39,281)(4.0)% (Over)/Under Budget Page 31 of 88 Page 246 of 547 Attachment 2 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Committees Summary Budget Actuals 2023 2023 $% REVENUES User Fees 202,000 151,138 50,863 25.2%[4] Donations 2,000 4,200 (2,200)(110.0)% Sales 0 200 (200)N/A Other Revenue 8,600 61,193 (52,593)(611.5)%[5] Miscellaneous Revenue 212,600 216,731 (4,131)(1.9)% From Special Purpose Reserves 0 4,801 (4,801)N/A [6] Internal Transfers 0 4,801 (4,801)N/A TOTAL REVENUE 212,600 221,531 (8,931)(4.2)% EXPENSES Labour 70,051 71,052 (1,001)(1.4)% Employee Benefits Allocation 21,197 20,987 210 1.0% Overtime 500 125 375 75.0% Labour and Benefits 91,748 92,165 (417)(0.5)% Materials 65,950 103,982 (38,032)(57.7)%[7] Professional Development 250 0 250 100.0% Advertising 1,750 0 1,750 100.0% Conferences/Conventions 5,100 695 4,405 86.4% Membership/Subscriptions 1,400 125 1,275 91.0% Materials 74,450 104,803 (30,353)(40.8)% Contracted Services 0 17,980 (17,980)N/A [8] Rents and Financial Expenses 80,000 46,698 33,302 41.6%[9] External Transfers 0 8,607 (8,607)N/A To Special Purpose Reserves 0 3,685 (3,685)N/A Internal Transfers 0 3,685 (3,685)N/A TOTAL EXPENSES 246,198 273,937 (27,739)(11.3)% Surplus/(Deficit)(33,598)(52,406)(18,808)(56.0)% (Over)/Under Budget Page 32 of 88 Page 247 of 547 Attachment 2 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Boards Summary Budget Actuals 2023 2023 $% REVENUES From Reserve Funds 130,133 130,133 0 0.0% Internal Transfers 130,133 130,133 0 0.0% TOTAL REVENUE 130,133 130,133 0 0.0% EXPENSES Fees for Service 5,734,733 5,733,657 1,076 0.0% Long Term Interest 11,932 11,932 0 0.0% Long Term Debt Principal 110,722 110,722 0 0.0% Debt Charges 122,654 122,654 0 0.0% TOTAL EXPENSES 5,857,387 5,856,311 1,076 0.0% Surplus/(Deficit)(5,727,254)(5,726,178)1,076 0.0% (Over)/Under Budget Page 33 of 88 Page 248 of 547 Attachment 2 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Grants Summary Budget Actuals 2023 2023 $% REVENUES From Reserve Funds 3,145,000 4,125,408 (980,408)(31.2)%[10] From Special Purpose Reserves 200,000 164,018 35,982 18.0% Internal Transfers 3,345,000 4,289,427 (944,427)(28.2)% TOTAL REVENUE 3,345,000 4,289,427 (944,427)(28.2)% EXPENSES Materials 75,000 (26,255)101,255 135.0%[11] Materials 75,000 (26,255)101,255 135.0% Contracted Services 2,520,000 3,565,681 (1,045,681)(41.5)%[12] External Transfers 921,983 921,983 0 0.0% To Reserve Funds 110,917 110,917 0 0.0% Internal Transfers 110,917 110,917 0 0.0% TOTAL EXPENSES 3,627,900 4,572,327 (944,427)(26.0)% Surplus/(Deficit)(282,900)(282,900)0 0.0% (Over)/Under Budget Page 34 of 88 Page 249 of 547 Attachment 3 CS-2025-26 (Finance) May 27, 2025 CAO (Chief Administrative Officer) DIVISION CAO Division contains the following Summary Sheets: Business Development Department Chief Administrator's Office Department Clerks Department Fire Department Human Resource Department Transit Services The following responsibility centres are included in the above noted summaries: Business Development Department 821000 - Business Development Services 821010 - Niagara Falls Innovation Hub 823010 - Small Business Enterprise Centre Chief Administrator's Office 120000 - CAO and Support Clerks Department 115000 - Election Services 131010 - Clerks Services Fire Department 211000 - Fire Suppression Services 212000 - Fire Training Services 213000 - Fire Prevention Services 213001 - Fire - Public Education 214000 - Fire Communication Services 215000 - Fire Facilities Minor Maintenance 215001 - Fire Facilities 219000 - Fire Other Services 230000 - Emergency Measures Human Resource Department 142005 - Labour and Employee Relations 142010 - Staffing and Compensation Services 142015 - Health, Safety and Wellness Services 142020 - Training and Development 142040 - Payroll Page 35 of 88 Page 250 of 547 Attachment 3 CS-2025-26 (Finance) May 27, 2025 CAO (Chief Administrative Officer) DIVISION - Continued Transit Services 335000 - Transit Facilities 336500 - WEGO Transportation System 339000 - Transit Administration Page 36 of 88 Page 251 of 547 Attachment 3 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Budget Actuals 2023 2023 $% REVENUES Federal Grants 393,373 873,911 (480,538)(122.2)%[13] Provincial Grants 186,969 186,284 685 0.4% Other Municipalities 6,846 19,560 (12,714)(185.7)% Grants 587,188 1,079,755 (492,567)(83.9)% Other Revenue 71,795 97,547 (25,752)(35.9)% User Fees 2,000 1,500 500 25.0% Miscellaneous Revenue 73,795 99,047 (25,252)(34.2)% From Reserve Funds 179,374 0 179,374 100.0%[14] Internal Transfers 179,374 0 179,374 100.0% TOTAL REVENUE 840,357 1,178,801 (338,444)(40.3)% Business Development Department Summary (Over)/Under Budget Page 37 of 88 Page 252 of 547 Attachment 3 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Budget Actuals 2023 2023 $% EXPENSES Labour 686,355 733,049 (46,694)(6.8)%[15] Employee Benefits Allocation 190,262 185,371 4,891 2.6% Labour and Benefits 876,617 918,420 (41,803)(4.8)% Materials 141,000 41,402 99,598 70.6%[16] Professional Development 3,800 3,068 732 19.3% Advertising 45,750 45,913 (163)(0.4)% Insurance Premiums 22 21 1 6.7% Conferences/Conventions 5,345 5,922 (577)(10.8)% Membership/Subscriptions 3,800 5,090 (1,290)(34.0)% Office Supplies 6,750 4,033 2,717 40.3% Materials 206,467 105,448 101,019 48.9% Contracted Services 383,121 622,181 (239,060)(62.4)%[17] Fees for Service 274,626 274,626 0 0.0% Contracted Services 657,747 896,807 (239,060)(36.3)% Rents and Financial Expenses 14,725 0 14,725 100.0% External Transfers 63,000 63,000 0 0.0% Internal Rent 17,418 16,189 1,229 7.1% To Special Purpose Reserves 0 50,000 (50,000)N/A [18] To Reserve Funds 0 89,855 (89,855)N/A [19] Internal Transfers 17,418 156,044 (138,626)(795.9)% TOTAL EXPENSES 1,835,974 2,139,719 (303,745)(16.5)% Surplus/(Deficit)(995,617)(960,918)34,699 3.5% (Over)/Under Budget Business Development Department Summary - continued Page 38 of 88 Page 253 of 547 Attachment 3 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Chief Administrator's Office and Communications Summary Budget Actuals 2023 2023 $% REVENUES Sales 0 52,993 (52,993)N/A [20] Miscellaneous Revenue 0 52,993 (52,993)N/A From Special Purpose Reserves 75,000 0 75,000 100.0%[21] Internal Transfers 75,000 0 75,000 100.0% TOTAL REVENUE 75,000 52,993 22,007 29.3% EXPENSES Labour 314,247 357,622 (43,375)(13.8%)[22] Employee Benefits Allocation 76,075 81,162 (5,087)(6.7%) Overtime 0 18 (18)N/A Labour and Benefits 390,322 438,802 (48,480)(12.4%) Materials 52,000 26,174 25,826 49.7%[23] Conferences/Conventions 5,500 2,619 2,881 52.4% Membership/Subscriptions 1,335 1,802 (467)(35.0%) Office Supplies 1,500 1,191 309 20.6% Materials 60,335 31,787 28,548 47.3% Contracted Services 60,000 60,000 0 0.0% Rents and Financial Expenses 0 720 (720)N/A External Transfers 75,000 0 75,000 100.0%[24] To Capital SPR 0 52,993 (52,993)N/A [20] Internal Transfers 0 52,993 (52,993)N/A Total Expenses 585,657 584,302 1,355 0.2% Surplus/(Deficit)(510,657)(531,309)(20,652)(4.0%) (Over)/Under Budget Page 39 of 88 Page 254 of 547 Attachment 3 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Clerks Services Summary Budget Actuals 2023 2023 $% REVENUES Licences 300,000 386,980 (86,980)(29.0%)[25] Other Revenue 0 1,642 (1,642)N/A User Fees 60,000 142,333 (82,333)(137.2%)[26] Micellaneous Revenue 360,000 530,956 (170,956)(47.5%) TOTAL REVENUE 360,000 530,956 (170,956)(47.5%) EXPENSES Labour 584,958 612,463 (27,505)(4.7%)[27] Employee Benefits Allocation 178,059 177,554 505 0.3% Overtime 5,000 4,353 647 12.9% Labour and Benefits 768,017 794,370 (26,353)(3.4%) Materials 162,000 137,106 24,894 15.4%[28] Professional Development 3,500 2,752 748 21.4% Conferences/Conventions 4,000 1,812 2,188 54.7% Membership/Subscriptions 1,000 1,037 (37)(3.7%) Office Supplies 5,000 4,713 287 5.7% Materials 175,500 147,419 28,081 16.0% Contracted Services 5,000 6,055 (1,055)(21.1%) Rents and Financial Expenses 7,300 3,221 4,079 55.9% External Transfers 0 60 (60)N/A To Special Purpose Reserves 80,000 291,642 (211,642)(264.6%)[29] Interdepartmental Transfers 0 (2,855)2,855 N/A Internal Transfers 80,000 288,787 (208,787)(261.0%) Total Expenses 1,035,817 1,239,912 (204,095)(19.7%) Surplus/(Deficit)(675,817)(708,956)(33,139)(4.9%) (Over)/Under Budget Page 40 of 88 Page 255 of 547 Attachment 3 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Fire Services Summary Budget Actuals 2023 2023 $% REVENUES Donations 0 2,701 (2,701)N/A Sales 10,000 9,885 115 1.1% Other Revenue 0 114,405 (114,405)N/A [30] User Fees 174,000 118,962 55,038 31.6%[31] Miscellaneous Revenue 184,000 245,952 (61,952)(33.7)% From Development Charges 485,752 485,752 0 0.0% Internal Transfers 485,752 485,752 0 0.0% TOTAL REVENUE 669,752 731,704 (61,952)(9.2)% (Over)/Under Budget Page 41 of 88 Page 256 of 547 Attachment 3 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Fire Services Summary - continued Budget Actuals 2023 2023 $% EXPENSES Labour 18,446,285 18,131,778 314,507 1.7%[32] Employee Benefits Allocation 4,209,660 4,198,712 10,948 0.3% Overtime 1,590,500 1,743,731 (153,231)(9.6)%[33] Labour and Benefits 24,246,445 24,074,221 172,224 0.7% Materials 571,085 610,056 (38,971)(6.8)% Goods for Resale 10,000 3,640 6,360 63.6% Insurance Premiums 95,692 87,055 8,637 9.0% WSIB 730,000 973,977 (243,977)(33.4)%[34] Professional Development 74,450 42,535 31,915 42.9% Conferences/Conventions 32,700 27,374 5,326 16.3% Membership/Subscriptions 10,373 5,709 4,664 45.0% Office Supplies 12,500 8,774 3,726 29.8% Materials 1,536,800 1,759,121 (222,321)(14.5)% Electricity 102,000 93,739 8,261 8.1% Water 25,000 26,008 (1,008)(4.0)% Natural Gas 50,300 55,382 (5,082)(10.1)% Utilities 177,300 175,129 2,171 1.2% Contracted Services 146,475 162,082 (15,607)(10.7)% Snow Plowing 15,000 16,378 (1,378)(9.2)% Contracted Services 161,475 178,461 (16,986)(10.5)% Rents and Financial Expenses 186,205 163,854 22,351 12.0% Long Term Interest 322,713 296,413 26,300 8.1% Long Term Debt Principal 305,635 277,692 27,943 9.1% Debt Charges 628,348 574,105 54,243 8.6% To CSPR (Debt Placeholder)99,160 99,160 0 0.0% Internal Rent 1,476,503 1,276,881 199,622 13.5%[35] Interdepartmental Transfers 0 (178)178 N/A Internal Transfers 1,575,663 1,375,863 199,800 12.7% TOTAL EXPENSES 28,512,236 28,300,755 211,481 0.7% Surplus/(Deficit)(27,842,484)(27,569,051)273,433 1.0% (Over)/Under Budget Page 42 of 88 Page 257 of 547 Attachment 3 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Human Resource Services Summary Budget Actuals 2023 2023 $% REVENUES Other Revenue 0 152,646 (152,646)N/A [36] TOTAL REVENUE 0 152,646 (152,646)N/A EXPENSES Labour 2,783,745 1,306,891 1,476,855 53.1%[37] Employee Benefits Allocation 1,241,164 1,172,954 68,210 5.5% Overtime 500 729 (229)(45.7%) Labour and Benefits 4,025,409 2,480,573 1,544,836 38.4% Materials 106,000 104,724 1,276 1.2% Professional Development 95,500 91,792 3,708 3.9% Conferences/Conventions 4,500 1,877 2,623 58.3% Membership/Subscriptions 3,200 2,942 259 8.1% Office Supplies 5,500 7,554 (2,054)(37.3%) Materials 214,700 208,889 5,811 2.7% Contracted Services 212,000 168,790 43,210 20.4%[38] H&S Compliance 5,000 5,087 (87)(1.7%) Contracted Services 217,000 173,877 43,123 19.9% To Reserve Funds 0 1,850,000 (1,850,000)N/A [39] To Special Purpose Reserves 0 151,384 (151,384)N/A [40] Internal Transfers 0 2,001,384 (2,001,384)N/A Total Expenses 4,457,109 4,864,723 (407,614)(9.1%) Surplus/(Deficit)(4,457,109)(4,712,076)(254,967)(5.7%) (Over)/Under Budget Page 43 of 88 Page 258 of 547 Attachment 3 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Transit Services Summary Budget Actuals 2023 2023 $% REVENUES Other Revenue 1,296,352 1,299,664 (3,312)(0.3%) Rents 57,000 51,945 5,055 8.9% Sales 0 120,000 (120,000)N/A [41] Investment Income 0 93 (93)N/A Miscellaneous Revenue 1,353,352 1,471,702 (118,350)(8.7%) From Reserve Funds 458,250 681,309 (223,059)(48.7%)[42] Internal Transfers 458,250 681,309 (223,059)(48.7%) TOTAL REVENUE 1,811,602 2,153,011 (341,409)(18.8%) (Over)/Under Budget Page 44 of 88 Page 259 of 547 Attachment 3 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Transit Services Summary - continued Budget Actuals 2023 2023 $% EXPENSES Labour 0 535 (535)N/A Employee Benefits Allocation 0 131 (131)N/A Labour and Benefits 0 666 (666)N/A [43] Materials 55,000 24,953 30,047 54.6% WSIB 0 54,759 (54,759)N/A [44] Insurance Premiums 1,000 (44,756)45,756 4575.6%[45] Materials 56,000 34,956 21,044 37.6% Electricity 8,000 8,793 (793)(9.9%) Water 4,200 4,500 (300)(7.2%) Natural Gas 2,400 2,768 (368)(15.3%) Utilities 14,600 16,061 (1,461)(10.0%) Contracted Services 2,236,902 2,096,891 140,012 6.3%[46] Snow Plowing 5,000 0 5,000 100.0% Contracted Services 2,241,902 2,096,891 145,012 6.5% Rents and Financial Expenses 36,500 1,659 34,841 95.5% Long Term Interest 0 (1,854)1,854 N/A Debt Charges 0 (1,854)1,854 N/A To Capital SPR 0 93 (93)N/A To Special Purpose Reserves 0 486,441 (486,441)N/A [47] Internal Transfers 0 486,534 (486,534)N/A TOTAL EXPENSES 2,349,002 2,634,913 (285,911)(12.2%) Surplus/(Deficit)(537,400)(481,901)55,499 10.3% (Over)/Under Budget Page 45 of 88 Page 260 of 547 Attachment 4 CS-2025-26 (Finance) May 27, 2025 CORPORATE SERVICES DIVISION Summaries Corporate Services Administration Communications Department Customer Service Department Procurement Department Information Services Department Legal Services Department Risk Management Services Finance Department The following responsibility centres are included in the above noted summaries: Corporate Services Administration 135000 - Corporate Services 133016 - Stores Services 133017 - Courier Services Communications Department 134000 - Communications Services Customer Service Department 136000 - Customer Service Procurement Department 133015 - Procurement Services Information Services Department 143010 - Information Software Services 143020 - Information Hardware Services 143030 - GIS Services Systems Support and Continuity 137000 - Systems Continuity Legal Services Department 124000 - Corporate Legal Services Risk Management Services 122015 - Risk Management Services Page 46 of 88 Page 261 of 547 Attachment 4 CS-2025-26 (Finance) May 27, 2025 CORPORATE SERVICES DIVISION - Continued Finance Department 123005 - Debt and Investment Services 123010 - Auditing Services 125005 - Taxation 125020 - Taxation Waste Management 125025 - Taxation Other Levy Charges 125030 - Taxation Payments in Lieu 125035 - Taxation Services for Fees 125050 - Taxation Capital Levy 129000 - Other Corporate Mgmt and Support 129004 - Municipal Accommodation Tax 133005 - Revenues and Receivables 133010 - Accounting and Reporting Page 47 of 88 Page 262 of 547 Attachment 4 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Communications Summary Budget Actuals 2023 2023 $% REVENUES Other Revenue 0 220 (220)N/A From Reserve Funds 0 0 0 N/A TOTAL REVENUE 0 220 (220)N/A EXPENSES Labour 508,202 486,105 22,097 4.3% Employee Benefits Allocation 147,851 130,545 17,306 11.7% Overtime 0 786 (786)N/A Labour and Benefits 656,053 617,436 38,617 5.9% Materials 5,000 8,626 (3,626)(72.5%) Advertising 139,000 124,944 14,056 10.1% Conferences/Conventions 14,000 8,956 5,044 36.0% Membership/Subscriptions 5,000 3,347 1,653 33.1% Office Supplies 0 0 0 N/A Materials 163,000 145,874 17,126 10.5% Contracted Services 34,000 40,172 (6,172)(18.2%) Total Expenses 853,053 803,481 49,572 5.8% Surplus/(Deficit)(853,053)(803,261)49,792 (5.8%) (Over)/Under Budget Page 48 of 88 Page 263 of 547 Attachment 4 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Procurement Department Summary Budget Actuals 2023 2023 $% EXPENSES Labour 526,992 525,870 1,122 0.2% Employee Benefits Allocation 159,962 138,639 21,323 13.3%[48] Overtime 12,500 212 12,288 98.3% Labour and Benefits 699,454 664,721 34,733 5.0% Materials 26,000 8,794 17,206 66.2%[49] Professional Development 4,000 66 3,934 98.3% Conferences/Conventions 2,400 2,987 (587)(24.4%) Membership/Subscriptions 2,000 1,526 474 23.7% Office Supplies 2,000 805 1,195 59.7% Materials 36,400 14,178 22,222 61.0% Contracted Services 400 415 (15)(3.6%) Rents and Financial Expenses 0 0 0 N/A Internal Rent 18,481 10,805 7,676 41.5% Total Expenses 754,735 690,119 64,616 8.6% Surplus/(Deficit)(754,735)(690,119)64,616 8.6% (Over)/Under Budget Page 49 of 88 Page 264 of 547 Attachment 4 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Information Services Summary Budget Actuals 2023 2023 $% REVENUES Other Revenue 15,000 12,025 2,975 19.8% Miscellaneous Revenue 15,000 12,045 2,955 19.7% From Special Purpose Reserves 0 0 0 N/A TOTAL REVENUE 15,000 12,045 2,955 19.7% EXPENSES Labour 1,545,839 1,507,322 38,517 2.5% Employee Benefits Allocation 434,062 412,616 21,446 4.9% Labour and Benefits 1,979,901 1,919,938 59,963 3.0% Materials 65,000 44,717 20,283 31.2% Software Costs 2,290,900 2,421,905 (131,005)(5.7%) Professional Development 10,000 3,360 6,640 66.4% Conferences/Conventions 3,500 7,188 (3,688)(105.4%) Membership/Subscriptions 1,500 1,378 122 8.1% Office Supplies 1,500 1,743 (243)(16.2%) Materials 2,372,400 2,480,292 (107,892)(4.5%)[50] Rents and Financial Expenses 47,620 51,471 (3,851)(8.1%) Total Expenses 4,399,921 4,451,700 (51,779)(1.2%) Surplus/(Deficit)(4,384,921)(4,439,655)(54,734)(1.2%) (Over)/Under Budget Page 50 of 88 Page 265 of 547 Attachment 4 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Legal Services Summary Budget Actuals 2023 2023 $% REVENUES Other Municipalities 0 10,858 (10,858)N/A [51] Grants 0 10,858 (10,858)N/A Other Revenue 0 8,037 (8,037)N/A User Fees 82,000 52,240 29,760 36.3%[52] Miscellaneous Revenue 82,000 60,277 21,723 26.5% TOTAL REVENUE 82,000 71,135 10,865 13.2% EXPENSES Labour 508,972 510,160 (1,188)(0.2%) Employee Benefits Allocation 120,548 117,570 2,978 2.5% Overtime 6,000 2,317 3,683 61.4% Labour and Benefits 635,520 630,047 5,473 0.9% Materials 37,000 30,178 6,822 18.4% Professional Development 5,000 1,608 3,392 67.8% Advertising 0 623 (623)N/A Conferences/Conventions 8,000 6,014 1,986 24.8% Membership/Subscriptions 27,000 40,976 (13,976)(51.8%) Office Supplies 5,000 3,942 1,058 21.2% Materials 82,000 83,341 (1,341)(1.6%) Contracted Services 500,000 260,785 239,215 47.8%[53] To Special Purpose Reserves 0 230,000 (230,000)N/A [54] Internal Transfers 0 230,000 (230,000)N/A Total Expenses 1,217,520 1,204,173 13,347 1.1% Surplus/(Deficit)(1,135,520)(1,133,038)2,482 0.2% (Over)/Under Budget Page 51 of 88 Page 266 of 547 Attachment 4 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Risk Management Services Summary Budget Actuals 2023 2023 $% EXPENSES Labour 172,193 171,007 1,186 0.7% Employee Benefits Allocation 47,359 58,320 (10,961)(23.1%) Labour and Benefits 219,552 229,326 (9,774)(4.5%) Materials 500,000 185,306 314,694 62.9%[55] Professional Development 180 0 180 100.0% Insurance Premiums 230,215 430,393 (200,178)(87.0%)[56] Membership/Subscriptions 625 592 33 5.3% Materials 731,020 616,291 114,729 15.7% Contracted Services 90,000 96,593 (6,593)(7.3%) To Special Purpose Reserves 0 88,000 (88,000)N/A [57] Internal Transfers 0 88,000 (88,000)N/A Total Expenses 1,040,572 1,030,210 10,362 1.0% Surplus/(Deficit)(1,040,572)(1,030,210)(10,362)(1.0%) (Over)/Under Budget Page 52 of 88 Page 267 of 547 Attachment 4 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Budget Actuals 2023 2023 $% REVENUES Taxation City General/Urban Service 83,821,935 85,268,801 (1,446,866)(1.7%)[58] Taxation Capital Levy 1,151,070 1,169,029 (17,959)(1.6%) Taxation Waste Management*0 160,557 (160,557)N/A [58] Taxation Write Offs (1,550,000)(767,536)(782,464)50.5%[59] Taxation Other Charges 1,150 350 800 69.6% Payment in Lieu of Taxation 7,291,411 7,608,559 (317,148)(4.3%)[60] Taxation 90,715,566 93,439,758 (2,724,192)(3.0%) Provincial Grants 341,000 341,000 0 0.0% Grants 341,000 341,000 0 0.0% Casino 14,000,000 19,809,337 (5,809,337)(41.5%)[61] Donations 0 (64,290)64,290 N/A [62] Investments 2,382,600 6,138,889 (3,756,289)(157.7%)[63] Licences 48,386 42,072 6,314 13.1% Other Revenue 5,177,450 5,035,009 142,441 2.8% Penalties and Interest 1,911,125 3,045,448 (1,134,323)(59.4%)[64] Provincial Offences Act 16,983 70,464 (53,481)(314.9%) User Fees 235,000 351,104 (116,104)(49.4%)[65] Miscellaneous Revenue 23,771,544 34,428,032 (10,656,488)(44.8%) From Special Purpose Reserves 150,000 0 150,000 100.0%[66] From Obligatory Reserve Funds 0 127,835 (127,835)N/A [67] From Reserve Funds 0 64,290 (64,290)N/A [62] From City Operating (Indirect Costs)603,035 603,035 0 0.0% Internal Transfers 753,035 795,160 (42,125)(5.6%) TOTAL REVENUE 115,581,145 129,003,950 (13,422,805)(11.6%) Financial Services Summary (Over)/Under Budget Page 53 of 88 Page 268 of 547 Attachment 4 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Budget Actuals 2023 2023 $% EXPENSES Labour 2,080,925 2,283,556 (202,631)(9.7%) Employee Benefits Allocation 599,262 648,737 (49,475)(8.3%) Overtime 750 115 635 84.7% Labour and Benefits 2,680,937 2,932,408 (251,471)(9.4%)[68] Materials 23,821 (97,432)121,253 509.0%[69] Professional Development 5,850 15 5,835 99.7% Conferences/Conventions 17,300 13,571 3,729 21.6% Membership/Subscriptions 12,035 11,110 925 7.7% Office Supplies 20,100 19,066 1,034 5.1% Materials 79,106 (53,669)132,775 167.8% Contracted Services*208,000 177,705 30,295 14.6% Rents and Financial Expenses 193,200 369,236 (176,036)(91.1%)[70] External Transfers 4,195,865 3,776,002 419,863 10.0%[71] To Capital/To Capital SPR 4,651,070 5,420,407 (769,337)(16.5%)[72] To Reserve Funds 9,470,000 15,217,149 (5,747,149)(60.7%)[73] To Special Purpose Reserves 157,012 7,228,948 (7,071,936)(4504.1%)[74] Internal Transfers 14,278,082 27,866,504 (13,588,422)(95.2%) Total Expenses 21,635,190 35,068,186 (13,432,996)(62.1%) Surplus/(Deficit)93,945,955 93,935,764 (10,191)(0.0%) *Waste Management Taxation Revenue budget of $8,449,043 removed from 2023 budget as well as corresponding $8,449,043 contracted services budget as this revenue is collected on behalf of the Region and does not belong in the City's budget. Financial Services Summary - continued (Over)/Under Budget Page 54 of 88 Page 269 of 547 Attachment 5 CS-2025-26 (Finance) May 27, 2025 MUNICIPAL WORKS DIVISION Summaries Roadway Services Winter Control Services Street Lighting Services Engineering Department Fleet Services Storm Sewer Services Transportation Services Parks and Athletic Fields The following responsibility centres are included in the above noted summaries: Roadway Services 311000 - Paved Surface Maint Roadway 312000 - Unpaved Surface Maint Roadway 313000 - Sidewalk Maint Roadway 314000 - Rural Storm Sewer Maintenance 315000 - Roadside Maintenance 316000 - Forestry 317000 - Bridges and Culverts 319000 - Other Roadway Services Winter Control Services 321000 - Paved Surface Maint Winter Control 323000 - Sidewalk Maint Winter Control Streetlighting Services 351000 - Street Lighting Maint Services Engineering Department 371010 - Engineering Administration Services 371040 - Infrastructure Services 372000 - Development Services 373000 - Engineering, Project and Construction Services 373001 - Bell Canada Fiber to the Home Project Fleet Services 374000 - Fleet Services Storm Sewer Maintenance Services 421000 - Storm Sewer System Maintenance Services Page 55 of 88 Page 270 of 547 Attachment 5 CS-2025-26 (Finance) May 27, 2025 MUNICIPAL WORKS DIVISION - Continued Transportation Services 342010 - Traffic Control Services 342015 - Traffic Signs 342020 - Traffic Signals 342025 - Railway Maintenance Parks and Fields 711000 - Parks Grounds Maintenance Services 713000 - Athletic Fields Maintenance Services 713001 - Athletic Fields Facilities 763000 - Landscape Design Services Page 56 of 88 Page 271 of 547 Attachment 5 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Roadway Services Summary Budget Actuals 2023 2023 $% REVENUES Grants 60,000 81,865 (21,865)(36.4)% Other Revenue 110,000 21,624 88,376 80.3%[75] Permits 0 14,600 (14,600)N/A [76] User Fees 38,000 27,105 10,895 28.7% Miscellaneous Revenue 148,000 63,329 84,671 57.2% From Special Purpose Reserves 41,609 0 41,609 100.0%[77] From Reserve Funds 0 65,047 (65,047)N/A [78] From Development Charges 417,511 0 417,511 100.0%[79] Internal Transfers 459,120 65,047 394,073 85.8% TOTAL REVENUE 667,120 210,242 456,878 68.5% (Over)/Under Budget Page 57 of 88 Page 272 of 547 Attachment 5 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Roadway Services Summary - continued Budget Actuals 2023 2023 $% EXPENSES Labour 4,062,055 5,173,922 (1,111,867)(27.4)% Employee Benefits Allocation 1,162,905 1,407,333 (244,428)(21.0)% Overtime 96,500 154,001 (57,501)(59.6)% Labour and Benefits 5,321,460 6,735,256 (1,413,796)(26.6)%[80] Materials 608,200 664,485 (56,285)(9.3)% Professional Development 30,150 14,577 15,573 51.7% Insurance Premiums 749,232 680,681 68,551 9.1% Conferences/Conventions 2,500 1,421 1,079 43.2% Membership/Subscriptions 3,100 1,325 1,775 57.2% Office Supplies 6,000 6,839 (839)(14.0)% Water 8,000 5,160 2,840 35.5% Materials 1,407,182 1,374,489 32,693 2.3% Contracted Services 1,628,270 1,159,670 468,600 28.8%[81] Rents and Financial Expenses 162,600 113,318 49,282 30.3%[82] Long Term Interest 107,302 72,250 35,052 32.7% Long Term Debt Principal 82,743 45,502 37,241 45.0% Debt Charges 190,045 117,752 72,293 38.0%[83] Internal Rent 2,008,067 1,746,984 261,083 13.0%[84] To CSPR (Debt Placeholder)104,378 104,378 0 0.0% To CSPR (DC Debt Placeholder)417,511 0 417,511 100.0%[79] To Special Purpose Reserves 0 25,000 (25,000)N/A [85] Internal Transfers 2,529,956 1,876,362 653,594 25.8% TOTAL EXPENSES 11,239,513 11,376,846 (137,333)(1.2)% Surplus/(Deficit)(10,572,393)(11,166,604)(594,211)(5.6)% (Over)/Under Budget Page 58 of 88 Page 273 of 547 Attachment 5 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Winter Control Services Summary Budget Actuals 2023 2023 $% REVENUES Other Revenue 35,000 14,046 20,954 59.9% TOTAL REVENUE 35,000 14,046 20,954 59.9% EXPENSES Labour 1,374,490 1,019,287 355,203 25.8% Employee Benefits Allocation 360,085 272,636 87,449 24.3% Overtime 145,000 60,283 84,717 58.4% Labour and Benefits 1,879,575 1,352,207 527,368 28.1%[86] Materials 717,150 470,198 246,952 34.4%[87] Professional Development 29,100 8,640 20,461 70.3% Materials 746,250 478,838 267,412 35.8% Contracted Services 576,100 247,847 328,253 57.0%[88] Rents and Financial Expenses 187,975 153,430 34,545 18.4% Internal Rent 1,537,272 1,424,114 113,158 7.4% Internal Transfers 1,537,272 1,424,114 113,158 7.4% TOTAL EXPENSES 4,927,172 3,656,435 1,270,737 25.8% Surplus/(Deficit)(4,892,172)(3,642,390)1,249,782 25.5% (Over)/Under Budget Page 59 of 88 Page 274 of 547 Attachment 5 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Streetlighting Services Summary Budget Actuals 2023 2023 $% REVENUES Other Revenue 35,000 6,656 28,344 81.0% Miscellaneous Revenue 35,000 6,656 28,344 81.0% From Development Charges 22,528 0 22,528 100.0%[89] Internal Transfers 22,528 0 22,528 100.0% TOTAL REVENUE 57,528 6,656 50,872 88.4% EXPENSES Materials 7,500 0 7,500 100.0% Electricity 756,200 680,765 75,435 10.0% Utilities 763,700 680,765 82,935 10.9% Contracted Services 527,000 537,056 (10,056)(1.9)% Long Term Interest 12,134 12,134 0 0.0% Long Term Debt Principal 149,736 149,736 (0)(0.0)% Debt Charges 161,870 161,870 (0)(0.0)% To CSPR (Debt Placeholder)5,633 5,633 0 0.0% To CSPR (DC Debt Placeholder)22,528 0 22,528 100.0%[89] To Special Purpose Reserves 0 75,429 (75,429)N/A [90] Internal Transfers 28,161 81,062 (52,901)(187.9)% TOTAL EXPENSES 1,480,731 1,460,752 19,979 1.3% Surplus/(Deficit)(1,423,203)(1,454,096)(30,893)(2.2)% (Over)/Under Budget Page 60 of 88 Page 275 of 547 Attachment 5 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Engineering Services Summary Budget Actuals 2023 2023 $% REVENUES Other Revenue 1,122,000 435,879 686,121 61.2%[91] User Fees 1,000 76,615 (75,615)(7561.5)% Miscellaneous Revenue 1,123,000 512,494 610,506 54.4% From Special Purpose Reserves 0 32,525 (32,525)N/A Internal Transfers 0 32,525 (32,525)N/A TOTAL REVENUE 1,123,000 545,018 577,982 51.5% EXPENSES Labour 1,591,396 1,417,508 173,888 10.9% Employee Benefits Allocation 456,338 373,256 83,082 18.2% Overtime 26,650 9,873 16,777 63.0% Labour and Benefits 2,074,384 1,800,637 273,747 13.2%[92] Materials 36,840 45,823 (8,983)(24.4)% Professional Development 20,000 24,550 (4,550)(22.8)% Advertising 0 1,676 (1,676)N/A Conferences/Conventions 33,900 20,412 13,488 39.8% Membership/Subscriptions 15,840 17,315 (1,475)(9.3)% Office Supplies 6,500 10,202 (3,702)(57.0)% Materials 113,080 119,978 (6,898)(6.1)% Contracted Services 668,000 79,151 588,849 88.2%[91] Internal Rent 163,496 154,097 9,399 5.7% Internal Transfers 163,496 154,097 9,399 5.7% TOTAL EXPENSES 3,018,960 2,153,863 865,097 28.7% Surplus/(Deficit)(1,895,960)(1,608,844)287,116 15.1% (Over)/Under Budget Page 61 of 88 Page 276 of 547 Attachment 5 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Fleet Services Summary Budget Actuals 2023 2023 $% REVENUES Sales 0 615,522 (615,522)N/A [93] Other Revenue 0 243 (243)N/A Miscellaneous Revenue 0 615,766 (615,766)N/A From City Operating (Internal Rent)7,573,307 6,558,529 1,014,778 13.4%[94] TOTAL REVENUE 7,573,307 7,174,295 399,012 5.3% EXPENSES Labour 1,262,521 1,109,724 152,797 12.1% Employee Benefits Allocation 391,751 309,083 82,668 21.1% Overtime 30,000 17,912 12,088 40.3% Labour and Benefits 1,684,272 1,436,719 247,553 14.7%[95] Materials 1,650,000 2,232,534 (582,534)(35.3)%[96] Professional Development 8,500 2,335 6,165 72.5% Insurance Premiums 203,588 186,101 17,487 8.6% Membership/Subscriptions 3,800 5,325 (1,525)(40.1)% Office Supplies 300 470 (170)(56.6)% Materials 1,866,188 2,426,765 (560,577)(30.0)% Contracted Services 299,500 261,107 38,393 12.8% Rents and Financial Expenses 28,800 66,327 (37,527)(130.3)% Internal Rent 244,697 195,008 49,689 20.3% To Capital SPR 2,676,049 2,788,370 (112,321)(4.2)% Internal Transfers 2,920,746 2,983,378 (62,632)(2.1)% TOTAL EXPENSES 6,799,506 7,174,295 (374,789)(5.5)% Surplus/(Deficit)773,801 0 (773,801)100.0% (Over)/Under Budget Page 62 of 88 Page 277 of 547 Attachment 5 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Storm Sewer Maintenance Services Summary Budget Actuals 2023 2023 $% REVENUES From Development Charges 113,220 1,928 111,292 98.3%[97] Internal Transfers 113,220 1,928 111,292 98.3% TOTAL REVENUE 113,220 1,928 111,292 98.3% EXPENSES Labour 207,799 197,651 10,148 4.9% Employee Benefits Allocation 63,140 56,527 6,613 10.5% Overtime 0 4,586 (4,586)N/A Labour and Benefits 270,939 258,764 12,175 4.5% Materials 42,500 50,103 (7,603)(17.9)% Contracted Services 354,500 707,087 (352,587)(99.5)%[98] Rents and Financial Expenses 3,500 2,915 585 16.7% Internal Rent 94,098 77,754 16,344 17.4% To CSPR (Debt Placeholder)27,890 27,890 0 0.0% To CSPR (DC Debt Placeholder)111,557 0 111,557 100.0%[97] Internal Transfers 233,545 105,644 127,901 54.8% TOTAL EXPENSES 904,984 1,124,514 (219,530)(24.3)% Surplus/(Deficit)(791,764)(1,122,585)(330,821)(41.8)% (Over)/Under Budget Page 63 of 88 Page 278 of 547 Attachment 5 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Transportation Services Summary Budget Actuals 2023 2023 $% REVENUES Other Revenue 28,200 46,806 (18,606)(66.0)% Permits 2,000 2,815 (815)(40.8)% User Fees 10,000 0 10,000 100.0% Miscellaneous Revenue 40,200 49,621 (9,421)(23.4)% From Development Charges 27,303 0 27,303 100.0%[99] Internal Transfers 27,303 0 27,303 100.0% TOTAL REVENUE 67,503 49,621 17,882 26.5% EXPENSES Labour 1,283,696 1,348,718 (65,022)(5.1)% Employee Benefits Allocation 254,993 279,498 (24,505)(9.6)% Overtime 14,200 18,604 (4,404)(31.0)% Labour and Benefits 1,552,889 1,646,820 (93,931)(6.0)%[100] Materials 159,480 150,552 8,928 5.6% Professional Development 2,620 1,263 1,357 51.8% Conferences/Conventions 4,000 8,124 (4,124)(103.1)% Membership/Subscriptions 3,350 5,121 (1,771)(52.9)% Materials 169,450 165,060 4,390 2.6% Electricity 45,900 49,967 (4,067)(8.9)% Utilities 45,900 49,967 (4,067)(8.9)% Contracted Services 566,000 758,341 (192,341)(34.0)%[101] Internal Rent 144,143 115,326 28,817 20.0% Interdepartmental Transfers 0 (12,967)12,967 N/A To CSPR (Debt Placeholder)6,826 6,826 0 0.0% To CSPR (DC Debt Placeholder)27,303 0 27,303 100.0%[99] Internal Transfers 178,272 109,185 69,087 38.8% TOTAL EXPENSES 2,512,511 2,729,373 (216,862)(8.6)% Surplus/(Deficit)(2,445,008)(2,679,752)(234,744)(9.6)% (Over)/Under Budget Page 64 of 88 Page 279 of 547 Attachment 5 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Parks and Athletic Fields Summary Budget Actuals 2023 2023 $% REVENUES Other Revenue 25,000 36,922 (11,922)(47.7)% Rents 0 4,286 (4,286)N/A User Fees 46,000 52,396 (6,396)(13.9)% Miscellaneous Revenue 71,000 93,604 (22,604)(31.8)% From Capital SPR 90,000 0 90,000 100.0%[102] Internal Transfers 90,000 0 90,000 100.0% TOTAL REVENUE 161,000 93,604 67,396 41.9% (Over)/Under Budget Page 65 of 88 Page 280 of 547 Attachment 5 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Parks and Athletic Fields Summary - continued Budget Actuals 2023 2023 $% EXPENSES Labour 1,165,510 1,358,252 (192,742)(16.5)% Employee Benefits Allocation 367,031 351,477 15,554 4.2% Overtime 30,000 29,973 27 0.1% Labour and Benefits 1,562,541 1,739,703 (177,162)(11.3)%[103] Materials 270,218 256,289 13,929 5.2% Professional Development 6,000 0 6,000 100.0% Insurance Premiums 60,169 58,655 1,514 2.5% Membership/Subscriptions 6,475 7,707 (1,232)(19.0)% Office Supplies 250 0 250 100.0% Materials 343,112 322,652 20,460 6.0% Electricity 85,000 84,386 614 0.7% Water 205,000 179,208 25,792 12.6% Natural Gas 5,200 6,368 (1,168)(22.5)% Utilities 295,200 269,962 25,238 8.5% Contracted Services 416,407 555,586 (139,179)(33.4)%[104] Fees for Service 32,700 32,032 668 2.0% Contracted Services 449,107 587,618 (138,511)(30.8)% Rents and Financial Expenses 12,146 33,253 (21,107)(173.8)% Long Term Interest 180,420 123,364 57,056 31.6% Long Term Debt Principal 85,916 49,189 36,727 42.7% Debt Charges 266,336 172,553 93,783 35.2%[105] Internal Rent 338,979 288,070 50,910 15.0% Interdepartmental Transfers 0 (665)665 N/A To CSPR (Debt Placeholder)33,507 33,507 0 0.0% Internal Transfers 372,486 320,911 51,575 13.8% TOTAL EXPENSES 3,300,928 3,446,651 (145,723)(4.4)% Surplus/(Deficit)(3,139,928)(3,353,048)(213,120)(6.8)% (Over)/Under Budget Page 66 of 88 Page 281 of 547 Attachment 6 CS-2025-26 (Finance) May 27, 2025 PLANNING, BUILDING AND DEVELOPMENT DIVISION Summaries Planning Department Building Department Municipal Enforcement Department Community Improvement Plans The following responsibility centres are included in the above noted summaries: Planning Department 811000 - Planning Services Building Department 221000 - Building Inspection Services Municipal Enforcement Department 224000 - Municipal Enforcement Services 229000 - Animal Control Services 229005 - Pest Control Services Community Improvement Plans 823003 - All Community Improvement Plan Incentive Page 67 of 88 Page 282 of 547 Attachment 6 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Planning Services Summary Budget Actuals 2023 2023 $% REVENUES Licences 42,600 28,228 14,372 33.7% Other Revenue 0 1,444 (1,444)N/A User Fees 450,000 754,964 (304,964)(67.8%)[106] Miscellaneous Revenue 492,600 784,635 (292,035)(59.3%) From Special Purpose Reserves 50,000 49,812 188 0.4% Internal Transfers 50,000 49,812 188 0.4% TOTAL REVENUE 542,600 834,447 (291,847)(53.8%) EXPENSES Labour 1,755,452 1,360,837 394,615 22.5% Employee Benefits Allocation 459,042 354,242 104,800 22.8% Overtime 5,500 3,244 2,256 41.0% Labour and Benefits 2,219,994 1,718,323 501,671 22.6%[107] Materials 6,200 2,839 3,361 54.2% Professional Development 3,700 1,939 1,761 47.6% Conferences/Conventions 16,000 10,493 5,507 34.4% Membership/Subscriptions 10,925 12,004 (1,079)(9.9%) Office Supplies 8,000 6,822 1,178 14.7% Materials 44,825 34,097 10,728 23.9% Contracted Services 150,000 82,249 67,751 45.2%[108] Rents and Financial Expenses 100,000 620,404 (520,404)(520.4%)[109] Internal Rent 10,757 16,954 (6,197)(57.6%) To Special Purpose Reserves 0 331,395 (331,395)N/A [110] Internal Transfers 10,757 348,348 (337,591)(3138.3%) TOTAL EXPENSES 2,525,576 2,803,422 (277,846)(11.0%) Surplus/(Deficit)(1,982,976)(1,968,976)14,000 0.7% (Over)/Under Budget Page 68 of 88 Page 283 of 547 Attachment 6 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Building Services Summary Budget Actuals 2023 2023 $% REVENUES Other Revenue 28,000 26,008 1,992 7.1% User Fees 5,000 2,793 2,207 44.1% Miscellaneous Revenue 33,000 28,801 4,199 12.7% From Reserve Funds 3,092,158 2,538,106 554,052 17.9%[111] Internal Transfers 3,092,158 2,538,106 554,052 17.9% TOTAL REVENUE 3,125,158 2,566,907 558,251 17.9% EXPENSES Labour 1,944,564 1,651,740 292,824 15.1% Employee Benefits Allocation 564,416 419,509 144,907 25.7% Overtime 3,000 24,826 (21,826)(727.5%) Labour and Benefits 2,511,980 2,096,074 415,906 16.6%[112] Materials 27,300 29,248 (1,948)(7.1%) Professional Development 11,500 4,658 6,842 59.5% Insurance Premiums 39,032 40,385 (1,353)(3.5%) Conferences/Conventions 13,280 2,383 10,897 82.1% Goods for Resale 500 409 91 18.3% Membership/Subscriptions 63,181 10,638 52,543 83.2%[113] Office Supplies 6,000 6,014 (14)(0.2%) Materials 160,793 93,735 67,058 41.7% Contracted Services 111,575 45,925 65,650 58.8%[114] Rents and Financial Expenses 1,000 1,129 (129)(12.9%) Internal Rent 64,810 55,044 9,766 15.1% Indirect Costs 275,000 275,000 0 0.0% Internal Transfers 339,810 330,044 9,766 2.9% TOTAL EXPENSES 3,125,158 2,566,907 558,251 17.9% Surplus/(Deficit)0 0 0 N/A (Over)/Under Budget Page 69 of 88 Page 284 of 547 Attachment 6 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Municipal Enforcement Services Summary Budget Actuals 2023 2023 $% REVENUES Fines 15,500 956 14,544 93.8% User Fees 109,500 195,865 (86,365)(78.9%)[115] Miscellaneous Revenue 125,000 196,821 (71,821)(57.5%) From Reserve Funds 11,000 0 11,000 100.0% Internal Transfers 11,000 0 11,000 100.0% TOTAL REVENUE 136,000 196,821 (60,821)(44.7%) EXPENSES Labour 754,872 816,045 (61,173)(8.1%) Employee Benefits Allocation 209,805 227,444 (17,639)(8.4%) Overtime 15,000 7,402 7,598 50.7% Labour and Benefits 979,677 1,050,891 (71,214)(7.3%)[116] Materials 12,400 11,965 435 3.5% Professional Development 9,000 5,364 3,636 40.4% Conferences/Conventions 780 0 780 100.0% Membership/Subscriptions 4,223 4,046 177 4.2% Office Supplies 3,000 2,107 893 29.8% Materials 29,403 23,481 5,922 20.1% Contracted Services 153,575 195,284 (41,709)(27.2%)[117] Fees for Service 556,670 556,670 0 0.0% Contracted Services 710,245 751,954 (41,709)(5.9%) Rents and Financial Expenses 500 0 500 100.0% External Transfers 14,000 18,108 (4,108)(29.3%) Internal Rent 76,571 69,208 7,363 9.6% Internal Transfers 76,571 69,208 7,363 9.6% TOTAL EXPENSES 1,810,396 1,913,642 (103,246)(5.7%) Surplus/(Deficit)(1,674,396)(1,716,821)(42,425)(2.5%) (Over)/Under Budget Page 70 of 88 Page 285 of 547 Attachment 6 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Community Improvement Plans Summary Budget Actuals 2023 2023 $% REVENUES Other Municipalities 0 18,206 (18,206)N/A [118] Grants 0 18,206 (18,206)N/A From Special Purpose Reserves 180,000 18,206 161,795 89.9%[119] Internal Transfers 180,000 18,206 161,795 89.9% TOTAL REVENUE 180,000 36,411 143,589 79.8% EXPENSES External Transfers 180,000 36,411 143,589 79.8%[120] TOTAL EXPENSES 180,000 36,411 143,589 79.8% Surplus/(Deficit)0 0 0 N/A (Over)/Under Budget Page 71 of 88 Page 286 of 547 Attachment 7 CS-2025-26 (Finance) May 27, 2025 RECREATION, CULTURE AND FACILITIES DIVISION Summaries Cemeteries Department Recreation Programs Civic Facilities Recreation Facilities Museum and Culture Services The following responsibility centres are included in the above noted summaries: Cemeteries Department 541000 - Cemeteries Grounds Maint Services 543000 - Cemetery Facilities 544000 - Cemeteries Burial Services 545000 - Cemetery Development 549000 - Cemetery Administration Recreation Programs 723000 - Pools Programs Outdoor 723100 - Pools Programs MacBain 724001 - Older Adult (60+) Programs 724002 - MacBain Community Centre Programming 729000 - Other Recreation Programs 729006 - Sports Wall of Fame 729013 - Special Events 729014 - Camp Programming 761000 - Recreation and Culture Services Civic Facilities Services 375000 - Facilities Services Admin 375002 - City Hall Facility 375003 - Service Centre Facility 375004 - Wayne Thomson Building Page 72 of 88 Page 287 of 547 Attachment 7 CS-2025-26 (Finance) May 27, 2025 RECREATION, CULTURE AND FACILITIES DIVISION - Continued Recreation Facilities 732003 - Chippawa Arena 732004 - Gale Centre 732013 - Chippawa Arena Maintenance 732014 - Gale Centre Maintenance 733000 - Pools Maintenance Services Outdoor 733001 - Pools Maintenance Facilities 734001 - Older Adults (60+) Maint Services 734002 - MacBain Community Centre Maint Services 739000 - Other Recreation Facilities Services Museum and Culture Services 724004 - Niagara Falls Exchange Programming 734003 - Niagara Falls Exchange Maint Services 752000 - Museums Facility Maintenance 752001 - Museum Services Programming 752002 - Niagara Falls Armoury Page 73 of 88 Page 288 of 547 Attachment 7 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Cemeteries Services Summary Budget Actuals 2023 2023 $% REVENUES Donations 25,000 39,065 (14,065)(56.3)% Investments 100,000 4,784 95,216 95.2%[121] Service Charges 10,000 17,297 (7,297)(73.0)% Sales 300,000 443,145 (143,145)(47.7)%[122] User Fees 510,000 568,266 (58,266)(11.4)%[122] Miscellaneous Revenue 945,000 1,072,556 (127,556)(13.5)% TOTAL REVENUE 945,000 1,072,556 (127,556)(13.5)% (Over)/Under Budget Page 74 of 88 Page 289 of 547 Attachment 7 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Cemeteries Services Summary - continued Budget Actuals 2023 2023 $% EXPENSES Labour 1,048,746 1,056,705 (7,959)(0.8)% Employee Benefits Allocation 312,664 282,469 30,195 9.7% Overtime 29,000 28,525 475 1.6% Labour and Benefits 1,390,410 1,367,700 22,710 1.6% Materials 211,000 242,568 (31,568)(15.0)%[123] Professional Development 5,500 6,439 (939)(17.1)% Insurance Premiums 14,675 22,287 (7,612)(51.9)% Conferences/Conventions 6,000 3,097 2,903 48.4% Goods for Resale 34,500 30,837 3,663 10.6% Membership/Subscriptions 1,200 1,345 (145)(12.1)% Office Supplies 3,500 2,780 720 20.6% Materials 276,375 309,354 (32,979)(11.9)% Electricity 13,600 13,005 595 4.4% Water 9,200 9,287 (87)(0.9)% Natural Gas 11,800 15,763 (3,963)(33.6)% Utilities 34,600 38,055 (3,455)(10.0)% Contracted Services 248,858 209,012 39,846 16.0%[123] H & S Compliance 3,500 87 3,414 97.5% Contracted Services 252,358 209,098 43,260 17.1% Rents and Financial Expenses 41,000 27,161 13,839 33.8% Internal Rent 299,195 236,746 62,449 20.9% To Capital SPR 0 237,000 (237,000)N/A [124] To Trust Fund 84,000 (0)84,000 100.0% To CSPR (Debt Placeholder)56,699 56,699 0 0.0% Internal Transfers 439,894 530,445 (90,551)(20.6)% TOTAL EXPENSES 2,434,637 2,481,813 (47,176)(1.9)% Surplus/(Deficit)(1,489,637)(1,409,257)80,380 5.4% (Over)/Under Budget Page 75 of 88 Page 290 of 547 Attachment 7 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Recreation Programs Summary Budget Actuals 2023 2023 $% REVENUES Federal Grants 20,000 45,000 (25,000)(125.0%)[125] Provincial Grants 42,700 42,700 0 0.0% Grants 0 20,733 (20,733)N/A [126] Grants 62,700 108,433 (45,733)(72.9%) Donations 0 11,500 (11,500)N/A [127] Other Revenue 0 44,882 (44,882)N/A [128] Rents 0 1,770 (1,770)N/A Sales 1,200 1,080 120 10.0% User Fees 533,915 715,873 (181,958)(34.1%)[129] Miscellaneous Revenue 535,115 775,105 (239,990)(44.8%) From Special Purpose Reserves 0 5,000 (5,000)N/A Internal Transfers 0 5,000 (5,000)N/A TOTAL REVENUE 597,815 888,538 (290,723)(48.6%) (Over)/Under Budget Page 76 of 88 Page 291 of 547 Attachment 7 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Recreation Programs Summary - continued Budget Actuals 2023 2023 $% EXPENSES Labour 1,441,790 1,626,793 (185,003)(12.8%) Employee Benefits Allocation 319,566 319,944 (378)(0.1%) Overtime 18,500 19,726 (1,226)(6.6%) Labour and Benefits 1,779,856 1,966,463 (186,607)(10.5%)[130] Materials 170,247 228,675 (58,428)(34.3%)[131] Professional Development 2,000 0 2,000 100.0% Advertising 1,000 253 747 74.7% Insurance Premiums 996 1,003 (7)(0.7%) Conferences/Conventions 14,400 7,511 6,889 47.8% Membership/Subscriptions 3,475 2,506 969 27.9% Office Supplies 16,200 8,853 7,347 45.4% Materials 208,318 248,801 (40,483)(19.4%) Contracted Services 5,000 42,391 (37,391)(747.8%)[132] Fees for Service 241,749 218,428 23,321 9.6% Contracted Services 246,749 260,819 (14,070)(5.7%) Rents and Financial Expenses 106,700 112,011 (5,311)(5.0%) Interdepartmental Transfers 0 220 (220)N/A Internal Transfers 0 220 (220)N/A TOTAL EXPENSES 2,341,623 2,588,314 (246,691)(10.5%) Surplus/(Deficit)(1,743,808)(1,699,777)44,031 2.5% (Over)/Under Budget Page 77 of 88 Page 292 of 547 Attachment 7 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Budget Actuals 2023 2023 $% REVENUES Other Revenue 0 80 (80)N/A Rents 84,006 87,705 (3,699)(4.4%) Miscellaneous Revenue 84,006 87,785 (3,779)(4.5%) TOTAL REVENUE 84,006 87,785 (3,779)(4.5%) (Over)/Under Budget Civic Facilities Summary Page 78 of 88 Page 293 of 547 Attachment 7 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Budget Actuals 2023 2023 $% EXPENSES Labour 956,937 1,060,624 (103,687)(10.8%) Employee Benefits Allocation 284,720 267,339 17,381 6.1% Overtime 4,000 7,218 (3,218)(80.4%) Labour and Benefits 1,245,657 1,335,181 (89,524)(7.2%)[133] Materials 105,700 119,018 (13,318)(12.6%) Professional Development 8,000 14,069 (6,069)(75.9%) Insurance Premiums 6,686 6,305 381 5.7% Membership/Subscriptions 5,022 1,679 3,343 66.6% Materials 125,408 141,070 (15,662)(12.5%) Electricity 226,300 204,447 21,853 9.7% Water 20,800 30,757 (9,957)(47.9%) Natural Gas 67,500 88,009 (20,509)(30.4%)[134] Utilities 314,600 323,214 (8,614)(2.7%) Contracted Services 554,870 510,035 44,835 8.1% H&S Compliance 10,500 0 10,500 100.0% Snow Plowing 12,000 9,286 2,714 22.6% Contracted Services 577,370 519,321 58,049 10.1% Long Term Interest 180,231 180,231 0 0.0% Long Term Debt Principal 905,482 905,482 0 0.0% Debt Charges 1,085,713 1,085,713 0 0.0% Internal Rent 77,220 58,396 18,824 24.4% Internal Transfers 77,220 58,396 18,824 24.4% TOTAL EXPENSES 3,425,968 3,462,894 (36,926)(1.1%) Surplus/(Deficit)(3,341,962)(3,375,108)(33,146)(1.0%) (Over)/Under Budget Civic Facilities Summary - continued Page 79 of 88 Page 294 of 547 Attachment 7 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Recreation Facilities Summary Budget Actuals 2023 2023 $% REVENUES Other Municipalities 0 42,390 (42,390)N/A [135] Other Revenue 121,500 60,653 60,847 50.1%[136] Rents 241,850 251,516 (9,666)(4.0%) User Fees 1,640,000 1,732,806 (92,806)(5.7%)[137] Miscellaneous Revenue 2,003,350 2,044,975 (41,625)(2.1%) From Development Charges 988,564 988,565 (1)(0.0%) Internal Transfers 988,564 988,565 (1)(0.0%) TOTAL REVENUE 2,991,914 3,075,930 (84,016)(2.8%) (Over)/Under Budget Page 80 of 88 Page 295 of 547 Attachment 7 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Recreation Facilities Summary - continued Budget Actuals 2023 2023 $% EXPENSES Labour 2,211,774 2,020,200 191,574 8.7% Employee Benefits Allocation 671,206 575,454 95,752 14.3% Overtime 74,000 103,457 (29,457)(39.8%) Labour and Benefits 2,956,980 2,699,111 257,869 8.7%[138] Materials 206,990 228,410 (21,420)(10.3%) Professional Development 8,000 8,862 (862)(10.8%) Advertising 3,000 452 2,548 84.9% Insurance Premiums 283,289 270,756 12,533 4.4% Office Supplies 2,000 1,115 885 44.2% Materials 503,279 509,595 (6,316)(1.3%) Electricity 1,117,600 1,074,351 43,249 3.9% Water 298,820 270,769 28,051 9.4% Natural Gas 264,200 337,084 (72,884)(27.6%)[139] Utilities 1,680,620 1,682,204 (1,584)(0.1%) Contracted Services 635,220 674,065 (38,845)(6.1%)[140] H&S Compliance 9,000 0 9,000 100.0% Snow Plowing 120,000 95,864 24,136 20.1% Contracted Services 764,220 769,929 (5,709)(0.7%) Rents and Financial Expenses 15,000 21,484 (6,484)(43.2%) Long Term Interest 1,341,550 1,341,551 (1)(0.0%) Long Term Debt Principal 1,702,899 1,702,899 0 0.0% Debt Charges 3,044,449 3,044,449 (0)(0.0%) Internal Rent 196,108 156,103 40,005 20.4% Interdepartmental Transfers 0 (10,609)10,609 N/A To Capital Special Purpose Reserves 0 78,000 (78,000)N/A [141] Internal Transfers 196,108 223,494 (27,386)(14.0%) TOTAL EXPENSES 9,160,656 8,950,267 210,389 2.3% Surplus/(Deficit)(6,168,742)(5,874,337)294,405 4.8% (Over)/Under Budget Page 81 of 88 Page 296 of 547 Attachment 7 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Museum and Culture Services Summary Budget Actuals 2023 2023 $% REVENUES Provincial Grants 36,662 36,662 0 0.0% Grants 36,662 36,662 0 0.0% Donations 1,000 5,296 (4,296)(429.6%) Other Revenue 0 10,000 (10,000)N/A Rents 42,000 20,464 21,536 51.3% Sales 7,500 17,754 (10,254)(136.7%) User Fees 88,450 71,514 16,936 19.1% Miscellaneous Revenue 138,950 125,028 13,922 10.0% TOTAL REVENUE 175,612 161,690 13,922 7.9% (Over)/Under Budget Page 82 of 88 Page 297 of 547 Attachment 7 CS-2025-26 (Finance) May 27, 2025 TAX SUPPORTED OPERATING FUND 2023 Budget to Actual Comparison Museum and Culture Services Summary - continued Budget Actuals 2023 2023 $% EXPENSES Labour 1,048,538 921,639 126,899 12.1% Employee Benefits Allocation 286,405 250,386 36,019 12.6% Overtime 6,000 4,823 1,177 19.6% Labour and Benefits 1,340,943 1,176,848 164,095 12.2%[142] Materials 292,375 258,405 33,970 11.6% Professional Development 2,150 524 1,626 75.6% Advertising 2,500 1,702 798 31.9% Insurance Premiums 25,895 14,685 11,210 43.3% Conferences/Conventions 8,200 835 7,365 89.8% Goods for Resale 0 124 (124)N/A Membership/Subscriptions 4,178 2,931 1,247 29.8% Office Supplies 7,700 4,900 2,800 36.4% Materials 342,998 284,107 58,891 17.2% Electricity 109,600 76,572 33,028 30.1% Water 10,200 18,598 (8,398)(82.3%) Natural Gas 40,000 43,050 (3,050)(7.6%) Utilities 159,800 138,220 21,580 13.5% Contracted Services 304,480 131,371 173,109 56.9%[143] Fees for Service 28,375 28,000 375 1.3% H&S Compliance 15,750 0 15,750 100.0% Snow Plowing 25,000 11,249 13,751 55.0% Contracted Services 373,605 170,621 202,985 54.3% Rents and Financial Expenses 5,300 2,554 2,746 51.8% Long Term Interest 240,449 240,449 (0)(0.0%) Long Term Debt Principal 652,937 652,937 0 0.0% Debt Charges 893,386 893,386 (0)(0.0%) To Capital SPR 0 200,000 (200,000)N/A [144] Interdepartmental Transfers 0 178 (178)N/A To Special Purpose Reserves 0 10,000 (10,000)N/A Internal Transfers 0 210,178 (210,178)N/A TOTAL EXPENSES 3,116,032 2,875,913 240,119 7.7% Surplus/(Deficit)(2,940,420)(2,714,223)226,197 7.7% (Over)/Under Budget Page 83 of 88 Page 298 of 547 Attachment 8 CS-2025-26 (Finance) May 27, 2025 Opening Total Operating Capital Total Transfers Closing Jan.1, 2023 Contributions Uses Uses Uses Between Dec. 31, 2023 Working Funds 265,000.00 - - - - - 265,000.00 Operating SPRs General 7,532,583.59 8,971,923.93 (282,681.72) (25,000.00) (307,681.72) (161,932.52) 16,034,893.28 Water 1,445,763.00 65,505.39 - - - - 1,511,268.39 Sewer 5,974,484.94 451,248.93 (252,246.64) - (252,246.64) - 6,173,487.23 Total OPERATING SPRs 14,952,831.53 9,488,678.25 (534,928.36) (25,000.00) (559,928.36) (161,932.52) 23,719,648.90 Capital SPRs General 15,406,134.02 13,974,687.39 - (10,919,471.91) (10,919,471.91) 161,932.52 18,623,282.02 Water 10,115,048.21 7,586,430.17 - (6,776,148.36) (6,776,148.36) - 10,925,330.02 Sewer 6,955,124.34 8,484,307.58 - (7,968,391.44) (7,968,391.44) - 7,471,040.48 Total CAPITAL SPRs 32,476,306.57 30,045,425.14 - (25,664,011.71) (25,664,011.71) 161,932.52 37,019,652.52 Total SPECIAL PURPOSE RESERVES 47,694,138.10 39,534,103.39 (534,928.36) (25,689,011.71) (26,223,940.07) - 61,004,301.42 Opening Total Operating Capital Total Transfers Closing Jan.1, 2023 Contributions Uses Uses Uses Between Dec. 31, 2023 Obligatory Development Charges - old - 2,034.95 - - - (2,034.95) - Development Charges bylaw 99-144 29,949,196.71 4,675,421.23 (2,270,121.23) (3,044,346.05) (5,314,467.28) (2,530,454.51) 26,779,696.15 Federal Gas Tax Rebate - Infrastructure 13,571,536.94 3,629,990.55 - (7,933,301.82) (7,933,301.82) - 9,268,225.67 Transit Gas Tax Rebate 1,736,744.62 1,282,010.90 (127,834.59) - (127,834.59) (2,890,914.00) 6.93 2% Prklnd Dedictn - Chippawa 11,910.42 421.04 - - - - 12,331.46 2% Prklnd Dedictn - River Road 22,944.89 805.87 - - - - 23,750.76 2% Prklnd Dedictn - Whirlpool 57,696.81 116.87 - - - - 57,813.68 2% Prklnd Dedictn - Lundy's Lane 283,779.34 (107.22) - - - - 283,672.12 2% Prklnd Dedictn - Fallsview 939,816.85 (13,668.95) - - - - 926,147.90 2% Prklnd Dedictn - Clifton Hill 217,944.35 (1,097.81) - - - - 216,846.54 Public Purpose (Planning Act)3,262,280.89 473,387.06 - - - - 3,735,667.95 OCIF Reserve 8,536,578.50 7,272,909.34 - (3,072,394.10) (3,072,394.10) - 12,737,093.74 Building Code Act, 1992 3,091,088.51 1,942,844.36 (2,538,106.40) - (2,538,106.40) - 2,495,826.47 Streamline Development Approvals 46,520.56 1,647.97 - (38,137.95) (38,137.95) - 10,030.58 Total OBLIGATORY Reserve Funds 61,728,039.39 19,266,716.16 (4,936,062.22) (14,088,179.92) (19,024,242.14) (5,423,403.46) 56,547,109.95 Discretionary Terrio - 40 yr licence agreement 2,095.16 (37.18) - - - 2,057.98 Sick Leave Liability 1,471,280.73 (21,207.89) - - - 1,450,072.84 Workers Compensation 1,407,039.94 1,851,356.80 - - - 3,258,396.74 Recreation Trail Development 89,737.76 (726.38) - - - 89,011.38 Capital/Operating Fund 7,600,474.92 (9,091.39) - - - 7,591,383.53 Tree Planting - Developers 80,461.13 (1,052.52) (65,047.23) - (65,047.23) 14,361.38 Park Development 255.77 - - - - 255.77 Sewer and Water Impost 1,628,272.65 (27,358.08) - (1,453,620.20) (1,453,620.20) 147,294.37 Expansion and Renewal 286,580.87 (4,567.29) - (282,013.58) (282,013.58) - Conrail Drainage 781,149.46 (10,465.90) - - - 770,683.56 Prepaid Subdivision Work 251,056.85 (3,533.86) - - - 247,522.99 Sidewalk Construction 39,416.44 (42.03) - (39,374.41) (39,374.41) - Future Municipal Works 764,638.01 (12,114.20) - (752,523.81) (752,523.81) - Lot Drainage 200,980.84 (3,189.43) - (197,791.41) (197,791.41) - Sanitary (Recycling Surplus)488,441.61 (6,828.40) - - - 481,613.21 Sports Fnd - new equip/program 5,886.04 231.24 - - - 6,117.28 Projs - Special Needs' Children 18,717.81 45.36 - - - 18,763.17 Municipal Parking 46,477.94 522,295.49 (28,896.41) (51,000.00) (79,896.41) 488,877.02 Coat of Arms 2,724.85 94.90 - - - 2,819.75 Niagara Tunnel - Comm'ty Imprvmt 131,471.60 (3,864.55) (9,727.19) - (9,727.19) 117,879.86 Water Patrol Boat 14,884.45 515.95 - - - 15,400.40 Branscombe Family Grant 4,414.50 136.33 - - - 4,550.83 Niagara Falls Sports Foundation 321.89 - - - - 321.89 FMC / VTS 1,900,868.85 126,749.88 (681,309.49) - (681,309.49) 1,346,309.24 Lundy's Lane Museum 4,684.67 189.81 - - - 4,874.48 OMCC Grant 394,528.79 19,013.18 - (413,541.97) (413,541.97) - Willoughby Museum 104,338.59 3,678.26 - - - 108,016.85 OLG 13,824,134.98 15,869,892.68 (4,245,814.30) (8,503,149.23) (12,748,963.53) - 16,945,064.13 Hospital 24,589,737.32 203,072.61 (64,290.30) - (64,290.30) - 24,728,519.63 Social Services - 110,917.00 - - - - 110,917.00 Total DISCRETIONARY Reserve Funds 56,135,074.42 18,604,110.39 (5,095,084.92) (11,693,014.61) (16,788,099.53) - 57,951,085.28 TOTAL CITY RESERVE FUNDS 117,863,113.81 37,870,826.55 (10,031,147.14) (25,781,194.53) (35,812,341.67) (5,423,403.46) 114,498,195.23 TOTAL CITY RESERVES & RESERVE FUNDS 165,557,251.91 77,404,929.94 (10,566,075.50) (51,470,206.24) (62,036,281.74) (5,423,403.46) 175,502,496.65 CITY RESERVE FUNDS CITY SPECIAL PURPOSE RESERVES RESERVES AND RESERVE FUNDS CITY OF NIAGARA FALLS 2023 R:\Reserves and Reserve Funds\Reserve Funds\2023 RF YE Report - TC Copy - Corrected Interest 5/6/2025 3:16 PMPage 84 of 88 Page 299 of 547 Attachment 9 CS-2025-26 (Finance) May 27, 2025 Operating Special Purpose Reserve (SPR) Balance Updates GENERAL FUND (FUND 11) SPR #Current Name 18 Other Buildings 246 Coronation Closet 83 Arts & Culture 264 Evaluation of Youth Centre Business Plan SPR # NAME OR SOURCE OF THE SPECIAL PURPOSE RESERVE Balance 12/31/2023 Year of Last Activity 157 Property Assessment Review 25,000.00 Prior to 2010 25,000.00 1,025,000 SPR # NAME OR SOURCE OF THE SPECIAL PURPOSE RESERVE Balance 12/31/2023 Year of Last Activity 209 Vital Statistical Records - IKON 50,000.00 Prior to 2010 50,000.00 348,957 Proposed Name Facilities Stabilization Older Adult Activities and Programs Youth Initiatives Culture Initiatives As at December 31, 2023, the general fund consists of over 65 Special Purpose Reserves (SPR) totaling $23,719,649. Similar to the exercise Staff completed through the 2022 variance report consolidating 25 SPRs into 4 existing SPRs, Staff have continued to review these many historical and individual SPRs, determining whether there is a need for them or if they can be consolidated (transferred) into other special purpose reserves. In the tables below, Staff have identified 22 Special Purpose Reserves that can be discontinued, with the balance transferred into the reserves identified below and effective January 1, 2024 and are seeking Council's approval of same. In addition, Staff are proposing renaming 4 SPRs identified in the first table below. Opening Balance Jan. 1, 2024 of SPR 227 after above noted transfers: Opening Balance Jan. 1, 2024 of SPR 296 after above noted transfers: To Election SPR 296 To Tax Write Off Stabilization SPR 227 TOTAL to be transferred to Tax Write Off Stabilization Reserve TOTAL to be transferred to Election Reserve Renaming of Special Purpose Reserves Page 85 of 88 Page 300 of 547 Attachment 9 CS-2025-26 (Finance) May 27, 2025 Operating Special Purpose Reserve (SPR) Balance Updates SPR # NAME OR SOURCE OF THE SPECIAL PURPOSE RESERVE Balance 12/31/2023 Year of Last Activity 212 Future Railway Bridge Maintenance 38,615.01 2010 233 Internal Service Review 40,000.00 2013 255 St John Ambulance Radio Airtime 5,755.58 2010 265 MW-2006-138 Bridge & Culvert Inspections 34,400.00 2020 302 Recreation Insurance Clearing Surplus 53,869.39 2015 172,639.98 3,200,839 SPR # NAME OR SOURCE OF THE SPECIAL PURPOSE RESERVE Balance 12/31/2023 Year of Last Activity 76 Geodimeter 59,553.50 Prior to 2010 59,553.50 262,054 SPR # NAME OR SOURCE OF THE SPECIAL PURPOSE RESERVE Balance 12/31/2023 Year of Last Activity 56 Pavement Analysis 8,028.91 Prior to 2010 59 Aerial Photography 53,300.00 Prior to 2010 67 Vertical Control Benchmark System 54,257.98 Prior to 2010 115,586.89 170,587 To Horizontal & Vertical Control Monumentation SPR 258 TOTAL to be transferred to Horizontal & Vertical Control Monumentation Reserve Opening Balance Jan. 1, 2024 of SPR 258 after above noted transfers: Opening Balance Jan. 1, 2024 of SPR 77 after above noted transfers: Opening Balance Jan. 1, 2024 of CSPR 106 after above noted transfers: To Tax Rate Stabilization SPR 77 TOTAL to be transferred to Tax Rate Stabilization Reserve To Equipment Reserve CSPR 106 TOTAL to be transferred to Equipment Reserve Page 86 of 88 Page 301 of 547 Attachment 9 CS-2025-26 (Finance) May 27, 2025 Operating Special Purpose Reserve (SPR) Balance Updates SPR # NAME OR SOURCE OF THE SPECIAL PURPOSE RESERVE Balance 12/31/2023 Year of Last Activity 300 Civil 3D Software Training 14,100.00 Prior to 2010 14,100.00 91,078 SPR # NAME OR SOURCE OF THE SPECIAL PURPOSE RESERVE Balance 12/31/2023 Year of Last Activity 210 Coronation Centre Programs 2,518.72 2011 252 New Horizons 7,800.00 Prior to 2010 274 Senior Isolation Program 5,763.17 Prior to 2010 16,081.89 142,352 SPR # NAME OR SOURCE OF THE SPECIAL PURPOSE RESERVE Balance 12/31/2023 Year of Last Activity 277 Pied Piper Program 3,318.32 Prior to 2010 3,318.32 31,546 SPR # NAME OR SOURCE OF THE SPECIAL PURPOSE RESERVE Balance 12/31/2023 Year of Last Activity 224 Communities in Bloom 2,000.00 Prior to 2010 2,000.00 5,921 Opening Balance Jan. 1, 2024 of CSPR 2 after above noted transfers: To Older Adult Activities and Programs SPR 246 TOTAL to be transferred to Older Adult Activities and Programs Reserve Opening Balance Jan. 1, 2024 of SPR 246 after above noted transfers: To Youth Initiatives SPR 264 TOTAL to be transferred to Youth Initiatives Reserve Opening Balance Jan. 1, 2024 of SPR 264 after above noted transfers: To Park in the City Memorial Fund SPR 276 TOTAL to be transferred to Park in the City Memorial Fund Reserve Opening Balance Jan. 1, 2024 of SPR 276 after above noted transfers: TOTAL to be transferred to General - IS - Unallocated Reserve To General - IS - Unallocated CSPR 2 Page 87 of 88 Page 302 of 547 Attachment 9 CS-2025-26 (Finance) May 27, 2025 Operating Special Purpose Reserve (SPR) Balance Updates SPR # NAME OR SOURCE OF THE SPECIAL PURPOSE RESERVE Balance 12/31/2023 Year of Last Activity 338 Culture Committee 2,000.00 2019 2,000.00 14,048 SPR # NAME OR SOURCE OF THE SPECIAL PURPOSE RESERVE Balance 12/31/2023 Year of Last Activity 292 Cemeteries - Unallocated 1,238.95 2016 1,238.95 277,760 SPR # NAME OR SOURCE OF THE SPECIAL PURPOSE RESERVE Balance 12/31/2023 Year of Last Activity 251 Armoury Painting & Cleanup 27,669.00 Prior to 2010 279 Irrigation Audit 15,000.00 Prior to 2010 291 Community Landscape Improvements 30,000.00 Prior to 2010 304 PRAN (Parks & Recreation Niagara)3,388.23 2012 76,057.23 85,046 TOTAL to be transferred to Facilities Stabilization Reserve Opening Balance Jan. 1, 2024 of SPR 18 after above noted transfers: To Culture Initiatives SPR 83 TOTAL to be transferred to Culture Initiatives Reserve Opening Balance Jan. 1, 2024 of SPR 83 after above noted transfers: To Cemeteries - Unallocated CSPR 28 TOTAL to be transferred to Cemeteries - Unallocated Reserve Opening Balance Jan. 1, 2024 of CSPR 28 after above noted transfers: To Facilities Stabilization SPR 18 Page 88 of 88 Page 303 of 547 MW-2025-14 Engineering Report Report to: Mayor and Council Date: May 27, 2025 Title: M.F. Ker Park Pickleball Court Facility- Project Update Recommendation(s) 1. That Council RECEIVE FOR INFORMATION the construction status update at the M.F. Ker Park Pickleball Court Facility. 2. That Council DIRECT staff to defer the installation of noise attenuation curtains at the M.F. Ker Park Pickleball Court Facility for the 2025 summer play season and monitor the noise within the park. Executive Summary Completion of the M.F. Ker Pickleball Court Facility is anticipated for June 20, 2025. Supplier issues caused by hurricane damage to the Florida factory in Fall 2024, the noise attenuation curtains can not be installed at the original contract price. Staff are recommending that noise attenuation curtains be deferred from the project for the 2025 summer play season. Staff will monitor the pickleball court and encourage using low- noise paddles and balls. Background The 2021 Niagara Falls Recreation, Culture & Parks Plan recommended the development of a dedicated pickleball court as a short-term priority, which was funded in the 2023 Capital Budget. At the April 17, 2024 meeting, the City Council approved the development of a 6-court pickleball facility at M.F. Ker Park with noise-attenuation curtains. Award of the construction contract for the pickleball facility to Stevensville Lawn Service Inc. for the amount of $409,571.00 plus applicable HST was approved by City Council on August 13, 2024. Analysis Construction of the M.F. Ker Park pickleball court facility commenced on August 26, 2024. The pickleball court facility was nearly complete before the fall weather turned unfavourable and work was paused on October 11, 2024 for the winter. Final construction works restarted on May 5, 2025 with the targeted project completion of June 20, 2025. Page 1 of 3 Page 304 of 547 The construction plans for the pickleball court included noise attenuation curtains to mitigate potential noise at M.F. Ker Park. On April 24, 2025 the contractor provided written confirmation that the noise attenuation curtains could not be supplied at the price quoted in the contract due to the supplier's damage to the Florida factory from the Fall 2024 hurricanes. Substituting the noise attenuation curtains with an acceptable alternative would exceed the project budget. Furthermore, the manufacturing and installation of alternative noise attenuation curtains would likely delay the planned June 20, 2025 public opening of the Pickleball courts. Due to the added cost and potential delays, City staff recommend that the M.F. Ker Pickleball court facility be opened on schedule without noise attenuation curtains for the 2025 summer play season. M.F. Ker Park is a busy park with a high level of organized and unorganized play occurring regularly. It is unclear whether adding the pickleball court without noise mitigation will cause a material change to the park's noise levels. The two closest houses to the new pickleball court are approximately 45m (147') in distance. Staff will monitor the pickleball court during this period to better understand noise attenuation needs, if any. Recent improvements to low-noise pickleball paddles and balls can reduce the sound of play. Staff will sign and encourage players to use low-noise equipment. Operational Implications and Risk Analysis There are no operational implications. Financial Implications/Budget Impact The proposed alternative noise attenuation curtains would cost the M.F. Ker Pickleball Court Development Project an estimated additional $58,000. City staff would conduct the recommended summer season monitoring, which would be accommodated within the existing project budget. Strategic/Departmental Alignment This Project aligns with social sustainability priorities to promote residents' quality of life and well-being. Implementation of the recommendations of the 2021 Recreation, Culture & Parks Plan. 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 . Page 2 of 3 Page 305 of 547 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: David Antonsen, Landscape Architect Submitted by: Status: Erik Nickel, General Manager of Municipal Works Approved - 20 May 2025 Jason Burgess, CAO Approved - 20 May 2025 Page 3 of 3 Page 306 of 547 PBD-2025-34 Planning Report Report to: Mayor and Council Date: May 27, 2025 Title: New Community Improvement Plan Project Initiation Report and Existing CIP Incentive Program Extensions Recommendation(s) 1. That Council RECEIVE this report regarding the initiation of the new Community Improvement Plan project. 2. That Council AUTHORIZE the extension of the City’s current CIP Incentive Programs and CIP Development Charge exemptions, as outlined in this report, until December 31, 2025. 3. That Council DIRECT staff to send a copy of this report to the Region of Niagara. Executive Summary The purpose of this report is to formally advise Council of the initiation of the new Community Improvement Plan (CIP) project and to provide an overview of the project workplan. single, a with CIPs five City’s existing replace will CIP new The the comprehensive plan aligned with current strategic priorities and community needs. Council has budgeted for the development of a new CIP and Landwise has been retained as the lead consultant in its preparation. The new project will be delivered in four phases and include robust engagement with the public, stakeholders, and a technical and effective, practical, is plan to the ensure committee advisory final responsive to community needs. To ensure continued access to financial incentives during the development of the new CIP, staff recommend that the City’s existing CIP incentive programs and Development Charge exemptions be extended to December 31, 2025. This will maintain program momentum and avoid a gap in available support for applicants while the new programs are being implemented. Any previously approved applications or complete applications received before the deadline will be carried forward under the previous program framework and requirements. Background A Community Improvement Plan (CIP) is a tool under Section 28 of the Planning Act that enables municipalities to encourage community revitalization and redevelopment within designated areas by offering financial incentives such as grants and loans to support specific identified community improvement needs. Page 1 of 41 Page 307 of 547 The City currently has five active CIPs, each with multiple incentive programs as outlined in Appendix A: 1. Downtown CIP 2. Historic Drummondville CIP 3. City-wide Brownfields CIP 4. Lundy’s Lane CIP 5. Niagara Economic Gateway CIP These programs were originally developed to encourage development, revitalization, and improvement, tailored to the needs and characteristics of the designated areas through targeted financial incentives. Several of these programs have been in place since 2008 and have been extended many times by Council. The programs are all currently set to expire on October 1, 2025. Staff undertook a review of the current CIP programs and found that many have exceeded their intended lifespan, experienced limited uptake in recent years, no longer receive matching regional funding, and do not fully align with Council’s current strategic priorities, as outlined in Report No. PBD-2023-54 (Appendix B). As a result, Council authorized the development of a new consolidated Community Improvement Plan focused on four key priority areas, as outlined in Report No. PBD- 2024-39 (Appendix C). The City has retained Landwise as the lead consultant to prepare a modern, innovative, and impactful CIP that aligns with Council’s strategic priorities and provides streamlined, accessible, and targeted incentives. The new CIP will focus on following key priority areas approved by Council: 1. Affordable and Attainable Housing* 2. Environmental Sustainability 3. Economic Prosperity Generation 4. Intensification *Niagara Region is currently developing a new housing incentive program and is in the process of conducting background research and analysis. Further information about the Regional program is expected later this summer. To ensure alignment between the City and Regional initiatives, and to maximize funding partnership opportunities, administrative efficiency, and program effectiveness, the affordable and attainable housing component of the City’s CIP will be temporarily paused until additional regional program details are available. This coordinated approach will ensure the City’s program aligns the for impact greatest the possible and efforts Regional with provides community. Analysis Project Workplan The support to approach phased a will delivered be project CIP meaningful in engagement, targeted policy development, and a smooth transition from the City’s existing programs to new and updated incentive programs. Page 2 of 41 Page 308 of 547 Phase 1: Project Initiation & Background Study This phase involves the preparation of a comprehensive background study, including a review of the legislative and policy framework, analysis of current conditions, a best practice review, and a needs assessment. These components will ensure the CIP is evidence-based, aligned with local and provincial priorities, and provides a strong foundation for developing targeted and effective incentive programs. Phase 1 is planned to wrap up in late spring 2025. Phase 2: Preferred Program Options Building on the background research, this phase will explore a range of potential incentive programs and location options tailored to the key priority areas. Engagement activities, including public open houses, and consultation with stakeholders and Council are planned for early summer 2025, and will inform the evaluation and refinement of these options to ensure they are practical, aligned with community needs and financially viable. Phase 3: Draft CIP In this phase, a draft CIP document will be prepared, including detailed descriptions of the preferred incentive programs, locations where they apply, eligibility criteria, and implementation considerations. The draft will be shared for public and stakeholder review, through a public open house and stakeholder workshops to gather further feedback before finalizing the plan. A draft CIP is planned to be presented to Council Page 3 of 41 Page 309 of 547 and the public at a Public Meeting in late summer 2025 to gather additional feedback before finalizing the Plan. Phase 4: Final CIP The final phase will involve refining the draft CIP based on the feedback received from Council, stakeholders, and the public. The finalized CIP document, along with the necessary implementing by-laws and supporting materials, is planned to be presented to Council for consideration and adoption in early fall 2025. Public Engagement Public engagement is a key component of the project to ensure the CIP is reflective of the diverse needs and priorities of the community. There will be several key public engagement activities carried out over the course of the project to support transparency, inclusivity, and informed decision making. Let’s Talk Niagara Falls The City’s Let’s Talk Niagara Falls platform will act as the project’s central information hub, providing access to key dates, materials, contacts, and engagement opportunity details. The page will be regularly updated to support public participation. Technical Advisory Committee A Technical Advisory Committee, composed of City staff and technical experts, will offer ongoing input and guidance at key project milestones to help ensure the CIP is grounded in best practices and aligned with local implementation needs. Public Open Houses and Stakeholder Workshops Public Open Houses and stakeholder workshops will offer opportunities to share information and gather input on the CIP at key stages. Feedback from these sessions will directly shape the plan, and a Public Engagement Summary will be prepared to document input received and reported back to Council. Key project stakeholders include, but are not limited to:  Local residents & community members  Regional, provincial & federal government partners  Previous CIP program participants  Committees of Council  Business community (including BIAs)  Development community  Industrial sector stakeholders  Financial institutions and lenders  Environmental and sustainability groups Existing Program Extensions To ensure continuity of access to financial incentives during the development of the new CIP, staff recommend extending the existing CIP programs, as outlined in Appendix A, until December 31, 2025. Page 4 of 41 Page 310 of 547 While the intent is to have the final suite of new CIP programs in place before the end of the year, staff recognize that many applicants are currently consulting on the existing programs successful support To accordingly. a their preparing and applications transition, this extension will provide flexibility during the early stages of implementation. This may include a brief overlap during which both the existing and new programs are available. This approach ensures applicants can continue to benefit from the City’s current programs while new or revised incentives are being developed. To qualify under the extended programs, applicants must submit a complete application by be in staff by determined will A complete 2025. 31, December application accordance with current program eligibility criteria and application requirements. This approach supports a smooth transition, provides certainty to applicants, and helps maintain momentum for development aligned with the City’s existing priorities. All existing and previously approved applications will continue to be administered under the programs and developed are CIP existing the As framework. program new implemented, staff will ensure that any commitments made under the existing programs are honored in accordance with their original terms and conditions. The City also currently offers a Development Charge exemption for new residential development of between 75% (Downtown, Historic Drummondville, and Brownfield) and 100% (Brownfield only subject to specific criteria) under the three CIPs, as outlined in Appendix D, which was also extended to October 1, 2025. Staff recommend these exemptions also be extended to December 31, 2025, in alignment with the broader program extension. If Council chooses not to extend the current programs, no new CIP applications would be accepted after October 1, 2025 and there would be a short time period during which no financial incentive programs would be available between the original expiration date and the adoption of the new CIP. Next Steps Landwise of completion the includes which project Phase of 1 begun has the background research involving an analysis of existing conditions, relevant legislation and policies, and best practices. The next steps will involve public and stakeholder consultation, the development of draft incentive program options, and the preparation of a draft CIP. Following public and Council feedback, final revisions will be made and the new CIP and implementing by-laws will be brought forward for Council’s consideration and adoption. Financial Implications/Budget Impact There are no direct financial implications arising from this report. The new CIP project has an approved budget allotment of $100,000 through the 2025 Capital Budget. Page 5 of 41 Page 311 of 547 Financial and budget implications related to the new CIP incentive programs will be identified in future CIP reports and considered through future budget deliberations Sufficient funding has been approved through the 2025 Operating Budget to support the extension of the existing CIP incentive programs through to the end of 2025. This funding will be used for any applications received under the existing programs before they expire. No additional funding is required through the 2025 Operating Budget. Funding for tax increment-based grants are based on a percentage of the increased tax assessment post construction and as such impact future taxation years are accounted for at that time. Development charges exempted through the existing City-based programs, beyond the Development Charges Act, will continue to be funded through the 2025 tax levy under Planning. Strategic Plan Pillars Economic Diversification & Growth Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. 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 - 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) Matt Greenfield, Supervisor of Financial Reporting and Analysis List of Attachments APPENDIX A - Summary of Current Programs APPENDIX B - PBD-2023-54 - Community Improvement Plan Incentive Programs Review APPENDIX C - PBD-2024-39 - Community Improvement Plan Review Pdf APPENDIX D - F-2024-24 - Interim Community Improvement Plan Grant Program Written by: Danielle Foley, Senior Planner, Long Range Planning Initiatives Submitted by: Status: Signe Hansen, Director of Planning Approved - 16 May Page 6 of 41 Page 312 of 547 2025 Kira Dolch, General Manager, Planning, Building & Development Approved - 20 May 2025 Jason Burgess, CAO Approved - 20 May 2025 Page 7 of 41 Page 313 of 547 APPENDIX A – SUMMARY OF CURRENT CIP PROGRAMS COMMUNITY IMPROVEMENT PLAN Incentive Program Downtown (2007) Commercial Building and Façade Improvement Grant - To promote the restoration and improvement of the facades of commercial and mixed-use buildings and promote the maintenance and physical improvement of existing buildings and properties. Revitalization Grant - To provide financial incentive to help offset the increased property taxes that result from the rehabilitation of downtown residential and commercial properties. Residential Loan - To provide a 0% interest loan to promote the: conversion of non-residential buildings to residential use; upgrade of existing residential buildings to meet Building Code, Fire Code and Property Standards By-law; and construction of residential units on vacant properties. Historic Drummondville (2007) Commercial Building and Façade Improvement Grant - To promote the restoration and improvement of the facades of commercial and mixed-use buildings and promote the maintenance and physical improvement of existing buildings and properties. Revitalization Grant - To provide financial incentive to help offset the increased property taxes that result from the rehabilitation of downtown residential and commercial properties. Residential Loan - To provide a 0% interest loan to promote the: conversion of non-residential buildings to residential use; upgrade of existing residential buildings to meet Building Code, Fire Code and Property Standards By-law; and construction of residential units on vacant properties. Lundy’s Lane (2018) Commercial Façade, Landscaping and Property Improvement Grant - To promote building rehabilitation and facade improvement of existing commercial and mixed use (commercial/residential) buildings. Adaptive Reuse & Motel Revitalization Grant Program - To provide a financial incentive in the form of a grant to promote the conversion of existing vacant spaces or existing uses to new, more viable commercial uses. Tax Increment Based Grant - To provide a financial incentive to help offset the increased property taxes that result from the rehabilitating, redeveloping, or developing buildings and properties. Page 8 of 41 Page 314 of 547 City-Wide Brownfield (2006) Environmental Study Grant - a grant to help offset the cost of conducting a Phase II Environmental Assessment, Remedial Work Plan, and/or Risk Assessments/Risk Management Plans. Tax Assistance and Rehabilitation Grant - To provide a financial incentive in the form of a freeze of property taxes for up to 5 years to help offset the costs of remediation and to provide financial incentive in the form of an annual grant for up to 10 years after Tax Assistance Program ends to offset the costs of remediation and redevelopment. Economic Gateway (2015) Tax Increment Based Grant Program and Development Charge Grant Application - a tax increment based grant following completion of an eligible project involving development, redevelopment, construction, reconstruction, rehabilitation or adaptive reuse of buildings and properties on employment lands where that project creates an increase in assessment. Municipal Employment Incentive Program - offers further incentives at the Municipal level for development that qualifies under the Tax Increment Based Grant Program including planning application Fee waivers, building permit fee rebates and study grants. Page 9 of 41 Page 315 of 547 PBD-2023-54 Report Report to: Mayor and Council Date: September 12, 2023 Title: Community Improvement Plan Incentive Programs Review Initiation Report Recommendation(s) 1. Council receive this report regarding the initiation of a review of the Incentive Programs for the City’s Community Improvement Plans. 2. Council authorize staff to consult key stakeholders through the incentives review process. 3. Council direct Staff to delegate the approval authority for simple grant CIP applications to Staff as discussed in this report. Executive Summary The purpose of this report is to formally advise Council of the initiation of the Community Improvement Plan (CIP) incentives review process that would ultimately lead to a staff recommendation about the future of City incentive programs. The purpose of this review is to assess the effectiveness and relevance of current programs which have shown limited uptake from applicants. Additionally, a review of the City’s CIP incentive programs is essential to ensure they align with Niagara Region’s new incentives. Staff are seeking Council’s authorization to consult key stakeholders of the CIP process which includes local Business Improvement Areas groups (BIAs), internal staff, and affected agencies. Furthermore, staff are requesting that simple grant CIP applications are included in the delegation of authority Official Plan Amendment and new delegation by-law approved through PBD-2023-16. Background The City currently has five active CIP programs with several incentives under each program including Downtown, Historic Drummondville, Brownfields, Lundy’s Lane, and Niagara Economic Gateway. City Council introduced CIP Programs to incentivize certain areas of the City, usually for a 10-year period. The first CIPs (Downtown & Drummondville) of the current programs were initiated in 2006, some of which have been in effect for more than the intended 10-year time frame and have had limited interest. A breakdown of applications for the CIP programs is included in Appendix A. Page 1 of 10Page 10 of 41 Page 316 of 547 The City also offers a Development Charge exemption for new residential development of between 75% (Downtown, Historic Drummondville and Brownfield) and 100% (Brownfield only subject to specific criteria) under the three CIPs. In October 2021, Regional Council approved the new Niagara Region Incentive Policy and its programs, which align with the Region’s Strategic Priorities of affordable housing, employment, brownfields, and public realm improvement. Regional Council also extended some existing Regional incentive programs to provide a transitional time period for the City to review and align its programs with the Region while allowing some current applications to continue up until October 2023 and others until 2024. As this deadline is approaching the City will need to review the current CIPs to ensure they align with the new Regional Incentives and enable maximum funding from the Region. Currently, all CIP applications are reviewed by Staff and forwarded with a planning report to Council for approval with timing dependent on Council’s schedule (except for Environmental Study Grants which are approved by Staff). The maximum grant amounts for simple grants (Commercial Building and Façade Improvement Grants and Environmental Study Grants) are $25,000 and within the spending authority of the Director of Planning. Analysis The City’s current CIP incentive programs have been in place for several years, but their effectiveness has decreased over time (see Appendix A). The lack of interest and participation from potential applicants indicates a need for re-evaluation and revision of the programs. Additionally, new Regional Incentive programs have been introduced that offer enhanced funding options, which would greatly benefit the community if the City’s programs aligned. The new Regional incentives policy creates a number of new programs that align with the four pillars of Regional priorities and responsibilities: Affordable Housing, Employment, Brownfield Remediation, and Public Realm. For example, under the Affordable Housing pillar new incentives include a Residential Rental Grant for the creation of accessory dwelling units which will remain at affordable rental rates for ten years as well as several other grants and forgivable loans to incentivize the creation and maintenance of affordable housing. The Employment pillar will continue to offer the Niagara Economic Gateway program with minor changes. The Brownfield Remediation continues to offer the tax increment grant with a new two-tier system. The Public Realm offers a new grant for public realm enhancements on Regional roads and in core areas. The changes in Regional incentives and their impact on City CIPs is summarized in Appendix B. The CIP incentives are of greater value to an applicant with the Region’s participation. Should Regional funding not be available, the incentive programs at the City will continue to offer the City portion of the grants (i.e., 25% matching grants or a rebate of City taxes only for revitalization grants, rather than a 50% matching or a rebate for City Page 2 of 10Page 11 of 41 Page 317 of 547 and Regional taxes). Conducting a CIP review would benefit applicants by better aligning the City’s programs with the new Regional Incentives to provide more funding for eligible projects. The objectives of the review include: • Assess program effectiveness by analyzing the number of applications received, approved projects, the overall economic impact generated, and identify any shortcomings and challenges faced by applicants, and key stakeholders. • Examine program eligibility requirements, application process, and evaluation criteria of current programs and compare with Regional incentives to identify gaps and inconsistencies. • Analyze the funding options and incentives offered by the new Regional programs and evaluate how aligning City programs can maximize funding potential. • Conduct consultation with stakeholders including BIAs, internal staff, affected agencies, and the development community to seek their input, feedback, and gather insights on the strengths and weaknesses of the existing programs. • Collaborate with Niagara Region to ensure coordination and alignment with their initiatives. Delegation In report PBD-2023-16, Council authorized staff to proceed with amendments to the City’s Official Plan to delegate authority to staff for approval of certain development applications and that staff bring a future report at a Public Meeting with draft by-laws regarding the delegation of authority. Upon review, staff are also recommending that CIP applications that are simple grants be delegated to staff for approval to streamline the approval process. Simple grants include Commercial Building and Façade Improvement Grants (CBFIG) under the Downtown, Historic Drummondville and Lundy’s Lane CIP programs which promote the restoration, improvement, and maintenance of the facades of existing commercial and mixed-use buildings, and Environmental Study grants under the City- Wide Brownfields CIP program which help offset the cost of completing environmental studies. Environmental Study Grants are already delegated to Staff. The CBFIG provide a maximum of $10,000 for commercial improvement and $10,000 for the façade improvement for a total of $20,000. CBFIGs typically average about $11,000 per property which is within the spending authority of the Director of Planning. Council has allocated a budget of $180,000 for 2023 dispersed across all five CIP programs, with simple CIP grants being well within that amount. Depending on the outcome of the CIP review, the current simple grant programs may change, however, the delegation is intended to continue for future simple grants that are within the spending authority of the Director ($25,000) to streamline the CIP process. Page 3 of 10Page 12 of 41 Page 318 of 547 Currently, these grants are required to be approved by Council. This process takes 4-5 weeks to complete as it is required to go on Council’s agenda for a decision. Delegating this authority could significantly reduce processing time, from a 7 week to 2-week grant approval process. In today’s construction climate, this could result in cost savings relative to materials and labour costs. Planning staff would continue to circulate to internal departments before a decision would be made to approve the grant application. If delegation is supported by Council, the delegation can be added to the Official Plan Amendment and new delegation by-law approved through PBD-2023-16. Additionally, should delegation be supported, Staff propose quarterly reporting of Staff approved CIP simple grants to keep Council informed. Next Steps A detailed review of the City CIP programs, including internal and external consultations as outlined within this report will be completed. Based on the findings of the review, staff will forward options to Council regarding the possible changes to the CIP incentives program. These may include: • Amending CIP programs to align with regional incentive programs. • Ending current underutilized incentives. • Creating new incentive options to align with regional strategic goals and Council’s Strategic Plan. • The creation of a new City CIP to address affordable housing as per recommendation 17 in the City’s approved Housing Strategy. Financial Implications/Budget Impact There are no direct financial implications arising from this report. Strategic/Departmental Alignment The City’s CIPs contribute to the Economic Growth and Prosperity Priority of the City by providing incentives for private sector reinvestment into the City. Recommended changes or additions will be in line with Council’s 2023-2027 Strategic Priorities. List of Attachments APPENDIX A - Summary of CIP Activity 2007-2022 APPENDIX B - Summary of City CIPs Regional Alignment Written by: Danielle Foley, Planning Student Submitted by: Status: Andrew Bryce, Director of Planning Approved - 01 Sep 2023 Page 4 of 10Page 13 of 41 Page 319 of 547 Kira Dolch, General Manager, Planning, Building & Development Approved - 05 Sep 2023 Jason Burgess, CAO Approved - 06 Sep 2023 Page 5 of 10Page 14 of 41 Page 320 of 547 APPENDIX A – Summary of CIP Activity 2007-2022 CIP Incentive Applications 2007-2016 Applications 2017-2022 Total Applications Comments Downtown (2007) Commercial Building and Façade Improvement Grant - To promote the restoration and improvement of the facades of commercial and mixed-use buildings and promote the maintenance and physical improvement of existing buildings and properties. 88 2 90 Downtown and Historic Drummondville CIPs have been in effect since 2008 and have seen limited activity since 2020. Revitalization Grant - To provide financial incentive to help offset the increased property taxes that result from the rehabilitation of downtown residential and commercial properties. 3 2 5 Residential Loan - To provide a 0% interest loan to promote the: conversion of non- residential buildings to residential use; upgrade of existing residential buildings to meet Building Code, Fire Code and Property Standards By- law; and construction of residential units on vacant properties. 8 0 8 Drummondville (2007) Commercial Building and Façade Improvement Grant - To promote the restoration and improvement of the facades of commercial and mixed-use buildings and promote the maintenance and physical improvement of existing buildings and properties. 40 2 42 Revitalization Grant - To provide financial incentive to help offset the increased property taxes that result from the rehabilitation of downtown residential and commercial properties. 3 3 6 Page 6 of 10Page 15 of 41Page 321 of 547 Residential Loan - To provide a 0% interest loan to promote the: conversion of non- residential buildings to residential use; upgrade of existing residential buildings to meet Building Code, Fire Code and Property Standards By- law; and construction of residential units on vacant properties. 2 0 2 Lundy’s Lane (2018) Commercial Façade, Landscaping and Property Improvement Grant - To promote building rehabilitation and facade improvement of existing commercial and mixed use (commercial/residential) buildings. 0 1 1 The Lundy’s Lane CIP has had two applications since its adoption in 2018. Regional participation in the Lundy’s Lane CIP programs was affected by the Regional CIP review, which put a hold on those CIPs that were approved or modified during their review process. As the Region is now contributing to the Lundy’s Lane program interest in this incentive is slowly on the rise. Adaptive Reuse & Motel Revitalization Grant Program - To provide a financial incentive in the form of a grant to promote the conversion of existing vacant spaces or existing uses to new, more viable commercial uses. 0 0 0 Tax Increment Based Grant - To provide a financial incentive to help offset the increased property taxes that result from the rehabilitating, redeveloping, or developing buildings and properties. 0 1 1 Brownfields (2006) Environmental Study Grant - a grant to help offset the cost of conducting a Phase II Environmental Assessment, Remedial Work Plan, and/or Risk Assessments/Risk Management Plans. 4 15 19 Interest in the Environmental Study Grant program has seen consistent activity over the past 3 years. This incentive offers financial assistance for the preparation of Phase II Environmental Site Assessments or Remediation Plans. Rehabilitation Grant - To provide a financial incentive in the form of a freeze of property taxes for up to 5 years to help offset the costs of 3 1 4 The City-Wide Brownfield CIP Tax Assistance/Rehabilitation Page 7 of 10Page 16 of 41Page 322 of 547 remediation and to provide financial incentive in the form of an annual grant for up to 10 years after Tax Assistance Program ends to offset the costs of remediation and redevelopment. Grant has received limited interest with only four applications having been received since 2008, however the recent trend has been towards an increase in inquiries. Economic Gateway (2015) Tax Increment Based Grant Program and Development Charge Grant Application - a tax increment based grant following completion of an eligible project involving development, redevelopment, construction, reconstruction, rehabilitation or adaptive reuse of buildings and properties on employment lands where that project creates an increase in assessment. 7 9 16 The Economic Gateway CIP and corresponding Municipal Employment Incentive has had continued interest with five new applications since 2020. Municipal employment Incentive Program - offers further incentives at the Municipal level for development that qualifies under the Tax Increment Based Grant Program including planning application Fee waivers, building permit fee rebates and study grants. 1 8 9 Page 8 of 10Page 17 of 41Page 323 of 547 APPENDIX B – Summary of City CIPs Regional Alignment Program Incentive Regional Alignment Downtown CIP Commercial Building and Façade Improvement Grant Expires October 2023 No Transition This program will no longer receive any Regional contribution Revitalization Grant Expires October 2024 Replaced by Brownfields Tax Increment Grants. Residential Loan Expires October 2023 No Transition Region will no longer contribute to loan program. Replaced by Small Building Rental grant program, however program would need to transition from a Loan to a Grant. Historic Drummondville CIP Commercial Building and Façade Improvement Grant Expires October 2023 No Transition This program will no longer receive any Regional contribution Revitalization Grant Expires October 2024 Replaced by Brownfields Tax Increment Grants. Residential Loan Expires October 2023 No Transition Region will no longer contribute to loan program. Replaced by Small Building Rental grant program, however program would need to transition from a Loan to a Grant Lundy’s Lane CIP Commercial Façade, Landscaping and Property Improvement Grant Expires October 2023 No Transition This program will no longer receive any Regional contribution Adaptive Reuse & Motel Revitalization Grant Expires October 2024 This program will no longer receive any Regional contribution Tax Increment Based Grant Expires October 2024 Replaced by Brownfields Tax Increment Grants. Brownfield CIP Environmental Study Grant Expires October 2023 This program will no longer receive any Page 9 of 10Page 18 of 41 Page 324 of 547 Regional contribution. Studies will be considered eligible costs under new Regional brownfield incentive programs Rehabilitation Grant Expires October 2023 Regional contribution will continue, however assessed based on a two-tier system (Tiers based on remediation costs). Niagara Gateway Economic Zone CIP Tax Increment Based Grant and Development Charge Grant Program will continue A matching tax increment grant for projects in the Gateway CIP area with eligible scores on economic and environmental criteria which result in increased assessment value Municipal Employment Incentive Program No Regional contribution; City incentive. Program will continue. Page 10 of 10Page 19 of 41 Page 325 of 547 PBD-2024-39 Report Report to: Mayor and Council Date: September 10, 2024 Title: Community Improvement Plan Review Recommendation(s) 1. Council direct staff to prepare a draft Community Improvement Plan (CIP) based on the four priority areas after engagement with public stakeholders including local businesses, residents, and community organizations. 2.Council direct staff to send a copy of this report to the Region of Niagara. Executive Summary On September 12, 2023 Council authorized staff to initiate the CIP incentive review for the City. The City put this work on hold as the Region of Niagara was undertaking a similar exercise and staff wanted to align with future Regional programs if possible. Since then, City staff have reviewed, the effectiveness of the current CIP programs. Based on the data collected it appears that the majority of the current programs have had limited uptake before or since 2020 and a review is warranted to ensure that the City is focusing its incentives where they are needed most. As a result of this preliminary review City staff are planning to embark on a new Community Improvement Plan program that aligns with current issues and Council’s strategic priorities. The four proposed key priority areas are: 1. Affordable Housing 2. Economic Prosperity Generation 3. Environmental Sustainability 4. Intensification This report has been prepared to seek Council’s direction on the proposed four key priority areas, so that further review and a draft incentive program can be created for public comment. This report is also to inform the Region of Niagara of the City’s key priority areas as they continue with their review of the Region’s incentive program. Background A Community Improvement Plan (CIP) is a tool used by municipalities under Section 28 of the Planning Act to encourage community revitalization and redevelopment. Under the Planning Act, a CIP can address environmental, social, and economic development issues within a defined area covered by a community improvement project area. A Page 1 of 12Page 20 of 41 Page 326 of 547 community improvement project area (CIPA) means “a municipality or an area within a municipality, the community improvement of which in the opinion of the council is desirable because of age, dilapidation, overcrowding, faulty arrangement, unsuitability of buildings or for any other environmental, social or community economic development reason”. The establishment of a Community Improvement Area allows the City to offer financial incentives under a CIP program to stimulate private sector investment. These incentives can include: o Grants or loans to property owners and tenants. o Tax increment financing (TIF) to offset redevelopment costs. o Waiving or reducing fees related to planning, building permits and development charges. As part of the review City staff will assess and make recommendations to Council on the most appropriate area(s) for the establishment of the CIPA in accordance with the guidance of the Planning Act and propose incentives for each area based on the four priorities. Current Program History The City currently has 5 active Community Improvement Plans (CIPs) with several incentives under each program including Downtown, Historic Drummondville, City-Wide Brownfields, Lundy’s Lane, and Niagara Economic Gateway. The CIP programs are designed to encourage development, revitalization and improvement tailored to the needs and characteristics of the designated areas through targeted financial incentives.  The Downtown CIP includes three main programs: the Commercial Building and Façade Improvement Grant, the Revitalization Grant, and the Residential Loan. The Façade Improvement Grant aims to encourage the restoration and enhancement of commercial and mixed-use building facades, while the Revitalization Grant helps offset increased property taxes resulting from the rehabilitation of downtown properties. The Residential Loan program offers 0% interest loans to support the conversion of non-residential buildings to residential use, upgrades to existing residential structures, and the construction of new residential units on vacant properties. The Downtown CIP incentives had significant uptake for the decade after its adoption, however the program has had limited uptake since 2020.  The Historic Drummondville CIP mirrors the Downtown CIP in offering the Commercial Building and Façade Improvement Grant, the Revitalization Grant, and the Residential Loan program. These programs focus on preserving the historic character of the area while promoting building improvements and residential development. Similarly to the Downtown CIP, the Historic Drummondville CIP incentives had significant uptake for the decade after its adoption, however the program has had limited uptake since 2020. Page 2 of 12Page 21 of 41 Page 327 of 547  The Lundy’s Lane CIP provides two primary programs: the Commercial Façade, Landscaping, and Property Improvement Grant, and the Tax Increment Based Grant. The former supports the rehabilitation and facade improvement of commercial and mixed-use buildings, while the latter provides financial incentives to offset increased property taxes due to redevelopment or rehabilitation projects. Since its introduction in 2018, the Lundy’s Lane CIP has had limited uptake, with only three applications received across its programs.  The City-Wide Brownfield CIP is designed to address environmental concerns and promote the redevelopment of brownfield sites. It includes the Environmental Study Grant, which helps cover the costs of environmental assessments and remedial work plans, and the Tax Assistance and Rehabilitation Grant, which offers property tax freezes and grants to offset remediation and redevelopment costs. The Environmental Study Grant has been the program with the most uptake in the past five years. The Tax Assistance and Rehabilitation Grant has had limited uptake, however, there has been a recent increase in inquiries for this program.  Finally, the Niagara Economic Gateway CIP focuses on stimulating development on employment lands. It offers the Tax Increment Based Grant Program and the Development Charge Grant Application, both aimed at encouraging investment in the development, redevelopment, and adaptive reuse of buildings and properties in this area. Additionally, the Municipal Employment Incentive Program provides further support through planning application fee waivers, building permit fee rebates, and study grants. There have been nine applications under the Economic Gateway program since 2017. A summary of the program uptake since inception has been included in “Appendix 1”. Niagara Region Incentive Programs In October 2021, Regional Council approved the new Niagara Region Incentive Policy and its programs, which align with the Region’s Strategic Priorities of Affordable Housing, Employment, Brownfields, and Public Realm Improvement. Additionally, Regional Council implemented transition time periods with a final deadline of October 1, 2024, for the existing incentive programs. After this date, the Region will no longer contribute matching funding to most of the City’s existing CIP programs. The Niagara Economic Gateway program will continue to be offered with minor changes and Brownfield incentives will continue to be offered under new programs. However, the various incentives under the Downtown, Historic Drummondville, and Lundy’s Lane CIP will no longer receive Regional funding which provides matching incentives. Specifically, Revitalization Grants will now only offer a grant for the City portion of property taxes, rather than the previous City and Region portion of property taxes, and the various Façade grants Page 3 of 12Page 22 of 41 Page 328 of 547 The Region has initiated a further incentive last year, and staff are hopeful that the incentive review will result in a program that is similarly aligned with the priorities identified in this report. Currently, the City’s recommended priorities align with two of the four regional priorities and the City has suggested that the Region should consider having one incentive be tailored specifically to the needs of each particular municipality as the needs of one municipality differs from another. Analysis Through preliminary review of historic data, issues identified in the City’s new Official Plan work and review of Council’s strategic priorities, staff have identified four key areas to be considered as staff embark on a new community improvement plan. Staff are recommending that the incentive programs need to shift from smaller programs that support a wide range of investments, to more targeted incentives that will incentivize and support larger scale developments and investments. Though these incentives will require greater financial support, large scale projects have the additional impact of inducing other investments and create an increase in taxation through new development. These areas are: Affordable and Attainable Housing- focused on increasing the availability of low-cost living options identified by the City’s Housing Strategy, aiming to alleviate housing insecurity amongst those most in need in the attainable moderate categories as they are not covered by provincial exemptions. For example, one of the key areas identified in our housing strategy in Niagara Falls was the tourism employment sector housing and one that will need to be considered as staff review this priority area. Possible Key Incentives – The City could look to incentivize the development of houses that are delivered to the market at specific prices. Key incentives could include the waiver of development charges. Economic Priority Generation- focused on stimulation of local economic growth both industrial and in the tourism sector. A number of the programs in the industrial sector still have a significant uptake so a review of the existing programs and best practice review will determine if the current programs are sufficient or need to be reconsidered. The City does not have any incentives for the tourism sector and staff are considering some incentive programs around large tourism generators or other investments. All incentives in this category need to lead to significant investment, job creation and or a percentage of high paying jobs. Possible Key Incentives – This could include the deferral and waiver of a portion of development charges. For significantly large developments a partial tax increment grant will also be provided. Page 4 of 12Page 23 of 41 Page 329 of 547 Environmental sustainability-incentives to address ecological concerns and climate change concerns by promoting green spaces, energy-efficient buildings, and waste reduction strategies, and enhancing overall community resilience. Staff will prepare a best practice review and will rely on the City’s climate change strategy. Possible Key Incentives – Incentives could include the waiver of a portion of development charges and tax increment financing. Intensification- targeting underutilized or vacant lands in key locations aiming to boost density and optimize land use, fostering vibrant, walkable neighborhoods with a mix of residential, commercial, and recreational spaces. Historically very intense developments have had difficulty being delivered to the market. However intense developments have significant benefits to the City due to the fact that these developments generate high levels of taxation but the associated costs to service the property is significantly reduced. Staff will conduct a best practice review of incentives and rely on the intensification areas identified through the City’s new Official Plan that would support transit or active transportation. Possible Key Incentives – Incentives could include development charge waivers, deferrals and tax increment financing. Next Steps If the Council instructs staff to move forward with the four priority areas, the subsequent steps would be: Best practice review and research Collect data and information on successful strategies and practices in the four priority areas from similar communities. Determine the areas within the City that would benefit from a Community Improvement Plan based on the key priority areas. Assess current conditions, existing lands use, infrastructure, challenges, and opportunities for revitalization. Consider any possible alignment with other level of government funding. Engage Stakeholders: Involve community members, local businesses, community organizations, residents and other stakeholders to gather diverse perspectives and insights on the four priority areas and gather input on potential improvement areas and potential incentives. Develop the Draft Plan: Create a draft CIP that includes:  Designated Area: Clearly define the boundaries of the Community Improvement Plan area.  Policies and Programs: Detail the policies, programs, and incentives designed to address the identified needs and achieve the established objectives. Page 5 of 12Page 24 of 41 Page 330 of 547  Customer Focused: Outline the procedures and steps in the incentive program to ensure they are simple and user friendly for a successful program.  Financial: Determination on the impact to the levy to fund the CIP programs to ensure a successful implementation. Consideration should be given to a cap limit minimize financial impacts to the City. Determine which programs could align with other programs and incentives to maximize incentive dollars. Public Consultation:  The Planning Act mandates that municipalities must engage in public consultation when developing a CIP and staff would host public meetings and open houses to present the draft CIP and gather feedback from residents, businesses, and other stakeholders. Revise Plan:  Based on feedback, make necessary revisions to the draft CIP to better address community concerns and enhance the plan’s effectiveness. Implementation:  Preparation of an implementation strategy as a CIP must outline how the plan will be executed and funded. The municipality is responsible for monitoring the progress of the CIP and the implementation plan will identify how the plan will be monitored, and its successes reported. Official Plan Amendment and By-law  Submit the revised CIP to the municipal council for approval. This involves a formal review process and typically includes a public meeting where residents can provide final comments. Adoption:  If the council approves the CIP, it is formally adopted and becomes part of the municipal planning framework. Communication Program:  If Council approves the CIP a robust communication campaign will be required to ensure potential users of the program are aware of the incentives and how to access the programs. Monitor Progress:  Regularly monitor and evaluate the progress of the CIP. Assess whether the goals are being met and make adjustments as needed to address any emerging issues or opportunities. Financial CIP program data should also be evaluated especially if it is determined that a maximum cap should not be established to ensure Council is aware of the projects and their associated implications particularly to the levy. Page 6 of 12Page 25 of 41 Page 331 of 547 Operational Implications and Risk Analysis In 2024, Planning budgeted for the affordable housing CIP work. The remaining work on the CIP review was not budget for and will be undertaken by staff. Financial Implications/Budget Impact As the CIP program is created staff will need to consider budget implications, including any incremental costs that would need to be funded either by taxation or reserves, as part of the proposed programs. Staff are considering a maximum cap for the new CIP programs to ensure every year sufficient budget exists to fund a certain number of incentives. Strategic/Departmental Alignment The four proposed priority areas align with two of the City’s three strategic pillars.  Economic Diversification and Growth  Sustainability (Financial, social and environmental More specifically, the City’s four priority areas will align with the strategic pillars by setting up programs that support affordable housing for residents; that encourage developments that focus on the health and well-being of the environment; that foster a diversified economy and that effectively managing the City’s Financial resources. Strategic Plan Pillars Economic Diversification & Growth Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. 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. 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) Jason Burgess, CAO Danielle Foley, Senior Planner Page 7 of 12Page 26 of 41 Page 332 of 547 List of Attachments APPENDIX 1 - Summary of CIP Activity 2007-2024 Written by: Kira Dolch, General Manager, Planning, Building & Development Submitted by: Status: Jason Burgess, CAO Approved - 05 Sep 2024 Page 8 of 12Page 27 of 41 Page 333 of 547 APPENDIX 1 – Summary of CIP Activity 2007-2024 No. of ApplicationsCOMMUNITY IMPROVEMENT PLAN Incentive Program 2007- 2016 2017- 2022 2022- 2024 Tota l Regional Matching Program Comments Commercial Building and Façade Improvement Grant - To promote the restoration and improvement of the facades of commercial and mixed-use buildings and promote the maintenance and physical improvement of existing buildings and properties. 88 2 2 92 No Revitalization Grant - To provide financial incentive to help offset the increased property taxes that result from the rehabilitation of downtown residential and commercial properties. 3 2 0 5 No 8 0 0 8 Downtown (2007) Residential Loan - To provide a 0% interest loan to promote the: conversion of non-residential buildings to residential use; upgrade of existing residential buildings to meet Building Code, Fire Code and Property Standards By-law; and construction of residential units on vacant properties.105 No The Downtown CIP has been in effect since 2007 and has had limited uptake since 2020, with only two new applications since 2022. The Region will no longer contribute to the Downtown Incentive Programs. Commercial Building and Façade Improvement Grant - To promote the restoration and improvement of the facades of commercial and mixed-use buildings and promote the maintenance and physical improvement of existing buildings and properties. 40 2 0 42 No Historic Drummondville (2007) Revitalization Grant - To provide financial incentive to help offset the increased property taxes that result from the rehabilitation of downtown 3 3 0 6 No The Historic Drummondville CIP has been in effect since 2007 and has had limited uptake since 2020, with no new application since 2022. The Region will no longer contribute matching funding to the Historic Drummondville Incentive Programs. Page 9 of 12Page 28 of 41Page 334 of 547 residential and commercial properties. 2 0 0 2 Residential Loan - To provide a 0% interest loan to promote the: conversion of non-residential buildings to residential use; upgrade of existing residential buildings to meet Building Code, Fire Code and Property Standards By-law; and construction of residential units on vacant properties.50 No Commercial Façade, Landscaping and Property Improvement Grant - To promote building rehabilitation and facade improvement of existing commercial and mixed use (commercial/residential) buildings. 0 1 1 2 No Adaptive Reuse & Motel Revitalization Grant Program - To provide a financial incentive in the form of a grant to promote the conversion of existing vacant spaces or existing uses to new, more viable commercial uses. 0 0 0 0 No 0 1 0 1 Lundy’s Lane (2018) Tax Increment Based Grant - To provide a financial incentive to help offset the increased property taxes that result from the rehabilitating, redeveloping, or developing buildings and properties.3 No The Lundy’s Lane CIP has had limited uptake with only three applications since its adoption in 2018. Regional participation in the Lundy’s Lane CIP programs was affected by the Regional CIP review, and as a result these programs no longer receive Regional contribution. City-Wide Brownfield (2006) Environmental Study Grant - a grant to help offset the cost of conducting a Phase II Environmental Assessment, Remedial Work Plan, and/or Risk Assessments/Risk Management Plans.4 15 3 22 No The Environmental Study Grant program has had the most uptake since 2017 out of all the City’s programs. There have been three new applications since 2022. This program will no longer receive any Regional contribution. Environmental studies will be Page 10 of 12Page 29 of 41Page 335 of 547 considered eligible costs under the new Regional Brownfield incentive programs. 3 1 1 5 Tax Assistance and Rehabilitation Grant - To provide a financial incentive in the form of a freeze of property taxes for up to 5 years to help offset the costs of remediation and to provide financial incentive in the form of an annual grant for up to 10 years after Tax Assistance Program ends to offset the costs of remediation and redevelopment. 27 Yes* The Tax Assistance/ Rehabilitation Grant has had limited uptake since its adoption in 2006 with only five applications having been received since 2008, however there has been an increase in inquiries for this program. *The new Regional Brownfield incentive programs will provide contribution for the Rehabilitation Grant, however, Regional contribution for the Tax Assistance Program has ended. Tax Increment Based Grant Program and Development Charge Grant Application - a tax increment based grant following completion of an eligible project involving development, redevelopment, construction, reconstruction, rehabilitation or adaptive reuse of buildings and properties on employment lands where that project creates an increase in assessment. 7 9 0 16 Yes Economic Gateway (2015) Municipal Employment Incentive Program - offers further incentives at the Municipal level for development that qualifies under the Tax Increment Based Grant Program including planning application Fee waivers, building permit fee rebates and study grants. 1 8 0 9 No The Economic Gateway CIP and associated Municipal Employment Incentive has had nine applications since 2017, with no new applications having been submitted since 2022. Page 11 of 12Page 30 of 41Page 336 of 547 Page 12 of 12Page 31 of 41Page 337 of 547 Page 1 of 10 POLICY Finance Policy #: 700.41 Issue Date: June 18, 2024 Revision Date: June 18, 2024 INTERIM COMMUNITY IMPROVEMENT PLAN (CIP) GRANT PROGRAM 1. POLICY STATEMENT The City of Niagara Falls is committed to supporting physical, economic and environmental improvements within specific areas across the City. 2. PURPOSE The purpose of this policy is to ensure continuity of the City’s existing Community Improvement Program Development Charge (DC) exemptions and incentives, as outlined in the City’s 2019 DC Background Study and within the City’s current Community Improvement programs. 3. SCOPE This policy applies to development applications within the City’s Community Improvement Plan boundaries, as illustrated in the Appendices attached to this policy. This policy is in force commencing on the date at which the 2019 DC By-Law (By- Law 2019-69) is repealed and will remain in force until such time that the City adopts updated Community Improvement Plans, inclusive of a DC grant program and incentives outlined in this policy. 4. DEFINITIONS “Downtown Community Improvement Plan” – geographic area as illustrated in Appendix 1. “Historic Drummondville Community Improvement Plan” – geographic area as illustrated in Appendix 2. “City Wide Brownfields Community Improvement Plan” – geographic area as illustrated in Appendix 3. “Niagara Gateway Economic Zone Community Improvement Plan” – geographic area as illustrated in Appendix 4. “Hotel/motel” means a commercial establishment offering lodging to travelers, and may include other services such as restaurants, meeting rooms and stores that are available to the general public, but does not include a dwelling unit. Page 32 of 41 Page 338 of 547 Page 2 of 10 “Industrial use” means land, buildings or structures used for or in connection with manufacturing by: (a) Manufacturing, producing, processing, storing, or distributing something; (b) Research or development in connection with manufacturing, producing or processing something (c) Retail sales by a manufacturer, producer or processor of something they manufactured, produced or processed, if the retail sales are at the site where the manufacturing, production or processing takes place (d) Office or administrative purposes if they are: (i) Carried out with respect to manufacturing, producing, processing, storage or distributing of something and (ii) In or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution “Institutional development” means development of a building or structure intended for institutional development use as defined by O. Reg. 82/98. “Mixed-use building” means a building or structure used for both residential and non- residential use. “Non-residential use” means use or intended use for any purpose other than human habitation and includes, but is not limited to, an institutional use, an industrial use, a hotel/motel use and a commercial use. “Residential building” means a building used exclusively for residential use including, but not limited to, a single detached dwelling, a semi-detached dwelling, a row dwelling, stacked townhouse dwelling, back-to-back town house dwelling, a duplex dwelling, a multiplex dwelling, an apartment dwelling, or a dwelling room. 5. OBJECTIVES The goals and objectives of this policy are to:  Maintain the Community Improvement Incentives currently provided for in the 2019 Development Charges By-Law, post 2019 by-law repeal as a result of the adoption of the new 2024 DC By-Law.  Provide clarity on the types of Community Improvement Program incentives offered by the City so that industry stakeholders interested in taking advantage of these incentives can do so efficiently. 6. GUIDING PRINCIPLES 6.1 Downtown Community Improvement Area and Historic Drummondville Community Improvement Project Area Page 33 of 41 Page 339 of 547 Page 3 of 10 (a) A 75% development charge exemption for eligible residential, commercial, and mixed use developments as defined in 6.1(c) below, within the geographical boundaries as shown in Appendix 1 or 2 will be provided, subject to the development meeting all of the following conditions:  Based on the decision of the City’s Treasurer, the property taxes for the property on which the development is located are in good standing at the time of application  Based on the decision of the City’s General Manager of Planning, Building, and Development, the existing and proposed land uses for the development, are in conformity with applicable Official Plans, zoning by-law and other planning requirements at both the local and Regional level  Based on the decision of the City’s Chief Building Official, all improvements relating to the development are to be made pursuant to a building permit and constructed in accordance with the Ontario Building Code and all applicable zoning requirements and planning approvals  Based on the decision of the City’s Chief Building Official, outstanding work orders and/or orders or requests to comply with the City have been satisfactorily addressed prior to the City granting the development charge exemption (b) Further to the above requirements, the City’s General Manager of Planning, Building, and Development may require the applicant to submit for approval, professional design/architectural drawings in conformity with any municipality-issued urban design guidelines, as well as traffic impact studies or studies of microclimatic conditions (e.g. sun, shadow, wind) and such requirements must be met prior to the City granting an exemption under section 6.1 (c) Eligible developments are defined as: nonresidential or mixed use buildings; and/or residential conversion of existing non-residential and mixed use buildings that creates additional residential units; and/or new residential developments on vacant lot/lots; and/or redevelopment of mixed use buildings that creates additional residential units. 6.2 Brownfield Rehabilitation Grant (a) A residential development charge exemption for eligible costs approved under the City’s Brownfields Rehabilitation Grant program of up to 75% of the amount otherwise payable, for eligible costs defined in section 6.2(c) related to eligible developments as defined in section 6.2(d) below will be provided. The development must be within the geographical boundaries as shown in Appendix 3, subject to the development meeting all of the following conditions: Page 34 of 41 Page 340 of 547 Page 4 of 10  All properties considered eligible for the Brownfields Development Charge Exemption Program must have an approved Rehabilitation Grant Program Application and Agreement in place and must have a Record of Site Condition (RSC) filed in the Environmental Site Registry for the proposed use with said RSC acknowledged by the Ministry of Environment  Based on the decision of the City’s General Manager of Planning, Building, and Development, the existing and proposed land uses for the development, are in conformity with applicable Official Plans, zoning by-law and other planning requirements at both the local and Regional level  Based on the decision of the City’s Chief Building Official, all improvements relating to the development are to be made pursuant to a building permit and constructed in accordance with the Ontario Building Code and all applicable zoning requirements and planning approvals  Based on the decision of the City’s Chief Building Official, outstanding work orders and/or orders or requests to comply from the City have been satisfactorily addressed prior to the City granting the development charge exemption (b) Further to the above requirements, the City’s General Manager of Planning, Building, and Development may require the applicant to submit for approval, professional design/architectural drawings in conformity with any municipality-issued urban design guidelines, as well as traffic impact studies or studies of microclimatic conditions (e.g. sun, shadow, wind) and such requirements must be met prior to the City granting an exemption under section 6.2. (c) Eligible costs include only the costs of: (i) A Phase II ESA, Remedial Work Plan, and Risk Assessment not covered by the Environmental Study Grant Program or the Brownfields Tax Assistance Program; and/or (ii) Environmental remediation, including the cost of preparing a Record of Site Condition (RSC), not covered by the Brownfields Tax Assistance Program; and/or (iii) Placing clean fill and grading not covered by the Brownfields Tax Assistance Program; and/or (iv) Installing environmental and/or engineering, controls/works, as specified in the Remedial Work Plan and/or Risk Assessment, not covered by the Brownfields Tax Assistance Program; and/or (v) Monitoring, maintaining and operating environmental and engineering controls/works, as specified in the Remedial Work Page 35 of 41 Page 341 of 547 Page 5 of 10 Plan and/or Risk Assessment, not covered by the Brownfields Tax Program; and/or (vi) Environmental insurance premiums not covered by the Brownfields Tax Assistance Program. (d) Eligible developments include:  Potentially any form of residential development which is subject to a development charge, subject to such development. application meeting the requirements of this subsection  Development is in the area designated as Urban Area in the City of Niagara Falls Official Plan, as amended from time to time. o Appendix 3 illustrates the 3 priority areas, Area 1 is highest priority, Area 2 is second priority and Area 3 is the third priority (the rest of the urban area) (e) A development which is granted a 75% development charge exemption in accordance with this section is permitted for an additional 25% exemption, provided that based on the decision of the City’s General Manager of Planning, Building, and Development, the development includes Smart Growth principles utilizing the same eligibility requirements as the Region. 6.3 Niagara Gateway Economic Zone Community Improvement Plan There is already a separate Development Charges Grant Program administered under the Niagara Gateway Economic Zone Community Improvement Plan. Appendix 4 illustrates the geographical boundaries for this CIP. Please refer to section 6.4 of the CIP documentation found at the link below for more details and eligibility: Niagara Gateway Economic Zone Community Improvement Plan 6.4 Lundy’s Lane Community Improvement Plan Currently there is no DC Exemption or grant for the Lundy’s Lane Community Improvement Plan within the outgoing DC By-Law. Given the CIP programs are all being reviewed in 2024 and will eventually house the related grant and incentive programs outside of the DC By-Law, staff will be evaluating this in the upcoming CIP review. More information on the Lundy’s Lane Community Improvement Plan can be found here: Lundy's Lane Community Improvement Plan Page 36 of 41 Page 342 of 547 Page 6 of 10 7. RESPONSIBILITIES 7.1 Planning & Building Division The Planning & Building Division is responsible for:  Evaluating eligibility of applications under the CIP program and determining if the DC exemption should apply 7.2 Finance Department The Finance Department is responsible for:  Confirming DC exemption calculation  Verifying DC exemption program cap (if applicable) Page 37 of 41 Page 343 of 547 Page 7 of 10 Appendix 1 Map designating the Downtown Niagara Falls Community Improvement Project Area Community Improvement Project Area Page 38 of 41 Page 344 of 547 Page 8 of 10 Appendix 2 Map designating the Historic Drummondville Community Improvement Project Area Historic Drummondville Community Improvement Project Area Page 39 of 41 Page 345 of 547 Page 9 of 10 Appendix 3 Map designating the Areas 1 to 3 for Brownfield Improvement Community Improvement Project Area Page 40 of 41 Page 346 of 547 Page 10 of 10 Appendix 4 Map designating the Niagara Gateway Economic Zone Community Improvement Project Area Page 41 of 41 Page 347 of 547 PBD-2025-35 Planning Report Report to: Mayor and Council Date: May 27, 2025 Title: Quarter 1 Housing and Growth Monitoring Report Recommendation(s) 1. That Council RECEIVE the Quarter 1 Housing and Growth Monitoring Report that reviews the status of current development and housing activity in the City of Niagara Falls from January 1 through March 31 of 2025 (Q1). 2. That Council DIRECT staff to forward the housing information to the Province as required. Executive Summary As part of the More Homes for Everyone Act, 2022, the Planning Act was amended to give the Minister of Municipal Affairs and Housing the authority to require municipalities and planning boards to report information on planning matters. The Province has mandated that specific data be reported on a quarterly and annual basis. This report summarizes that information. In Q1 2025, the City of Niagara Falls issued 97 new residential building permits, for 146 new residential units, at a value of $29.10 million. 96% of these new units meet the criteria for housing that is affordable at the moderate household income level, based on the City’s 2022 Housing Strategy. During the same period the Canada Mortgage and Housing Corporation (CMHC) reported 6 housing starts (the beginning of the housing construction cycle, indicated by a completed foundation), and 30 housing completions (the end of the housing construction cycle, occupants can move in). For non-residential development, Niagara Falls issued 5 permits at a total value of $120.13 million for new Industrial, Commercial, and Institutional (ICI) construction, and 12 permits at a total value of $2.84 million for ICI renovations and alterations, for a total of $122.97 million. In Q1 2025, the Planning Department received 40 planning applications and attended 20 pre-consultation meetings, with a focus on Minor Variances and Consent applications. Page 1 of 18 Page 348 of 547 During Q1 2025, By-Law Services processed 2,385 complaints, orders, rodent rebates, inquiries, letters, and requests, representing a 51% increase from Q1 2024 (1,583). Residential building permit activity has decreased in comparison to Q1 2024. The total value of residential permits in Q1 2025 was $29.10 million as compared to $46.96 million in Q1 2024. This pattern is consistent with the provincial trend of decreased housing starts noted by the Canada Mortgage and Housing Association (CMHC). The total value of Industrial, Commercial, and Institutional (ICI) development permits for new construction has increased in comparison to Q1 2024. This quarter, the total value was $120.31 million while Q1 2024 reported a total value of $22.05 million. The steep increase is attributed to the construction of a Hydrogen Plant at $120 million at 2900 Whirlpool Road. In comparison, the total value of Industrial, Commercial, and Institutional (ICI) development permits for renovations and alterations has decreased compared to Q1 2024. This quarter, the total value was $2.84 million, while Q1 2024 reported a total value of $4.34 million. Background The information and data collected for the provincial reporting is included in this report for Council’s information. This report informs Council about Planning, Building, and By- law Enforcement activity that occurred in the City during Q1 2025 (January to March), as part of the strategy to manage and plan for the City’s future. Analysis This report provides Council with a review of Planning, Building, and By-law Enforcement activity that occurred in the City of Niagara Falls in Q1 2025. In addition, it serves as a tool for assessing service levels and provides data relative to departmental key performance indicators (KPIs). The collection and reporting on these statistics enables staff and Council to make more informed decisions with respect to infrastructure projects, housing, and land need requirements for the City. In addition, it allows for a benchmarking of service levels. This report analyzes residential, industrial, commercial, and institutional building permit activity and assesses the City’s performance during Q1 in regard to affordable housing targets. “Appendix 1” summarizes the statistics that are provided to the Provincial Ministry of Municipal Affairs and Housing, quarterly and annually. Residential Building Permit Activity Page 2 of 18 Page 349 of 547 Niagara Falls issued 97 new residential building permits in Q1 2025, with 62% of permits attributed to the construction of townhomes. The 97 permits will result in 146 new residential units, including 6 single detached, 60 town homes, a 50-unit apartment building, and 30 additional dwelling unit (ADU) permits. Q1 2025 saw 146 new residential units, while 128 new residential units were recorded in Q1 2024. This represents a 14% increase in the amount of new residential units in comparison to Q1 2024. Housing Affordability ‘Affordable’, as defined in the 2024 Provincial Planning Statement, means housing for which the purchase price results in annual accommodation costs that do not exceed 30 percent of gross income for low and moderate-income households. Affordability is measured across a spectrum of income levels with low income represented by households annually earning up to $64,800 and moderate incomes represented by households earning between $64,800 and $103,572 annually. With respect to the affordability of new residential construction in Q1 2025, 96% would be considered affordable for moderate income households (primarily at the higher end of the moderate-income brackets and earning up to $103,572 annually) based on OLMCBO construction values. While accurate to construction costs, OLMCBO construction permit values do not account for land costs. It is noted that staff will be updating the affordability benchmarks first introduced in the 2022 Housing Strategy and utilized by staff to assess development applications relative to Official Plan policy. In addition, staff will explore a baseline land value to further account for the implications of land value when assessing affordability. This will be presented in the Q2 2025 quarterly report. New townhomes and apartment units account for 75% of new housing that is affordable in Q1, where townhomes alone constitute 41% of housing that is affordable. Relative to development application approvals in Q1 2025, Council approved the following amendments that will realize 47 affordable units:  Zoning Bylaw Amendment application, to include 17 units at an estimated rental price of $800/ month, which is considered affordable to households with an annual income of $30,700 as per Table 3-2 of the City of Niagara Falls Housing Strategy.  Combined Official Plan and Zoning Bylaw Amendment application, with 30 units that are affordable (25% of the approved 118 total units). Page 3 of 18 Page 350 of 547 Through its Housing Pledge, the City set the annual goal that 40% of all residential units or a minimum of 270 units, be affordable. Based on building permit values, at the end of March 2025, the City achieved 140 affordable units or 52% of the annual target. Q1 Residential Starts and Completions In Q1 2025, CMHC reported 6 housing unit starts (the beginning of the housing construction cycle) and 30 housing unit completions (the end of the construction cycle) in Niagara Falls. Of the 6 housing starts, 4 were single detached and 2 were semi- detached. Of the 30 completions, 24 were single detached and 6 were townhome units. In Q1 2024, CMHC reported 26 starts and 126 completions, representing a decrease of 77% for starts and 76% for completions. It is noted that the CMHC data for starts and completions does not include ADU’s. As per Building Permit Data, 12 of the 30 ADUs were started during Q1 2025, and these count towards Building Permit residential starts. The City has a Housing Pledge to construct 8,000 homes by 2031. The Provincial Build Faster Fund provides funding to municipalities that meet the Housing Pledge goal assigned by the province. Staff await a Provincial update from the Ministry relative to the annual housing pledge target for 2025, but continue to gather the necessary data to assess progress in this domain; when the target becomes known. Industrial, Commercial and Institutional Permit Activity A total of 17 permits were issued for Industrial, Commercial, and Institutional (ICI) construction projects in Q1 2025. This includes 5 for new construction and 12 for renovation and alteration construction, with a total value of $120.13 million for new ICI construction and $2.84 million for renovations and alterations ICI construction. Q1 2024 saw a new ICI construction value of $22.05 million, and a renovations and alterations ICI construction value of $4.34 million. This represents a 445% increase for new ICI construction and a 35% decrease for renovations and alterations ICI construction. The percent increase in new ICI construction is attributed to the previously mentioned Hydrogen Plant. Of the 5 permits for new ICI construction, 4 were institutional and 1 was industrial. The 4 institutional permits totaled 323 square metres and the 1 industrial permit corresponded to the Hydrogen Plant of 1,620 square metres at 2900 Whirlpool Road. Thus, the total area for new ICI construction permits was 1,943 square metres. Of the 12 permits for renovation and alteration ICI construction, 3 were institutional, 1 was industrial, and 8 were commercial. The 3 institutional permits totaled 45.5 square metres, the industrial permit totaled 2,638 square metres, and the 8 commercial permits totaled 2,490 square metres. Thus, the total area of work for renovation and alteration ICI construction was 5,174 square metres. Page 4 of 18 Page 351 of 547 In summary, the total value of all ICI permits issued for Q1 2025 was $122,967,979 million with an approximate total area of 7,116 square meters. Q1 Planning Applications Activity During Q1 2025, the Planning, Building, and Development Department received the following 40 types of development applications: • 5 Zoning By-law Amendment applications, • 1 Official Plan Amendment application, • 19 Minor Variance applications, • 9 Consent applications, • 5 Site Plan applications, • 1 Plan of Condominium; and, • 20 Pre-consultation meetings. In Q1 2024, 24 development applications and 16 pre-consultations were processed. When compared to Q1 2024, Development Staff have seen a significant increase in the number of applications (from 24 in Q1 2024 to 40 in Q1 2025) and a slight increase in the number of pre-consultation meetings (from 16 in Q1 2024 to 20 in Q1 2025). This is largely attributed to a 138% increase in the number of Minor Variance applications. Most Minor Variance applications sought relief from side yard minimums, front yard setbacks, and rear yard setbacks of the Zoning By-law. Q1 Building and By-law Services Activity During Q1 2025, Building and By-law Enforcement Services staff responded to the following numbers of inquiries and complaints. • 252 By-law complaints, • 8 Water Supply, Plumbing and Drainage complaints, • 10 Occupancy Standards complaints, • 3 tree issues complaints, • 15 structural, roof, stairs, walls, ceiling, foundation complaints, • 15 lack of heat complaints, • 2 zoning / out buildings complaints, • 7 complaints where there are multiple issues, • 8 miscellaneous complaints, • 33 Building Code Orders issued, • 6 Rodent Rebates paid out, • 2,001 Calls/Counter inquiries, • 18 Compliance letters issued, and • 7 Freedom of Information Requests. Page 5 of 18 Page 352 of 547 This represents a total of 2,385 inquiries, letters, complaints and orders for Q1 2025. By-law activity has increased by 51% in comparison to Q1 2024, that saw a total of 1,583 inquiries, letters, complaints, and orders. In comparison to Q1 of 2024, this quarter was much colder with more snow and saw multiple individuals complaining in regard to the same property, an increase in call volume with respect to encampments and an increase in questions regarding Additional Dwelling Units. It is noted that ADU inquiries are typically forwarded to the Building or Zoning departments for resolution. By-law enforcement also reported an increase in calls from residents who believe their neighbors have an illegal or non-compliant ADU. The number of ADU requests is expected to decrease in Q2 2025, following the seasonal changes in complaint type. Information on ADUs is also available on the City's website. In regard to comparisons, counter calls and inquiries saw an increase from 1,150 in Q1 2024 to 2,001 in Q1 2025, representing a 74% increase. Freedom of Information requests saw an increase from 3 in Q1 2024 to 7 during Q1 2025, representing a 133% increase. Rodent rebates also saw an increase from 2 in Q1 2024 to 6 in Q1, representing a 200% increase. Lastly, property standard complaints saw a decrease from 100 in Q1 2024 to 68 in Q1 2025, representing a 32% decrease. Operational Implications and Risk Analysis N/A Financial Implications/Budget Impact This report has no direct financial implications for the City, however, metrics contained in this report help inform the City’s financial and growth strategies. Strategic/Departmental Alignment The development of a quarterly Housing Report is consistent with the City’s Strategic priorities of Diverse and Affordable Housing. Strategic Plan Pillars Customer Service Delivering a welcoming and consistent customer service experience centred around the people we serve. Economic Diversification & Growth Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. Contributor(s) Brian Dick, Senior Manager of Policy Planning Page 6 of 18 Page 353 of 547 Jana Mills, Senior Municipal Enforcement Officer List of Attachments Appendix Q1 2025 Development and Housing Report FINAL DRAFT v1 Written by: Janielle Maxwell, Planner 1 Submitted by: Status: Signe Hansen, Director of Planning Approved - 19 May 2025 Kira Dolch, General Manager, Planning, Building & Development Approved - 20 May 2025 Jason Burgess, CAO Approved - 20 May 2025 Page 7 of 18 Page 354 of 547 1 City of Niagara Falls Housing and Growth Monitoring Report Q1 Report: January 1st, 2025 to March 31st, 2025 Page 8 of 18 Page 355 of 547 [Type here] www.niagarafalls.ca Page 2 of 11 TABLE OF CONTENTS Development Review….. 3 Housing Market Data….. 9 Housing Affordability…. 10 Page 9 of 18 Page 356 of 547 [Type here] www.niagarafalls.ca Page 3 of 11 Section 1 – Development Review Q1 Residential Building Permit Activity By Value – $ Millions Source: City of Niagara Falls Building Permits, 2025 Source: City of Niagara Falls Building Permits, 2024 Month (2025) New Construction (Millions) Renovations and Alterations (Millions) Total (Millions) January $19.56 $0.82 $20.38 February $1.17 $0.21 $1.38 March $8.37 $0.75 $9.12 Q1 2025 Total $29.10 M $1.78 M $30.88 M Month (2024) New Construction (Millions) Renovations and Alterations (Millions) Total (Millions) January $7.95 $32.04 $39.99 February $6.95 $1.00 $7.95 March $9.23 $0.66 $9.89 Q1 2024 Total $24.13 M $33.70 M $57.83 M Page 10 of 18 Page 357 of 547 [Type here] www.niagarafalls.ca Page 4 of 11 Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Q1 New Residential Construction Permits by Unit Type Type Q1 2025 YTD Total Q1 2024 Single Family Dwellings 6 6 22 Semi Detached Dwellings - - 2 Town Houses 60 60 29 Apartment Units 50 50 50 Additional Dwelling Units 30 30 25 Total 146 146 128 Source: City of Niagara Falls Building Permits, 2025 Vacation Rental Units (VRU’s) Year Licensed in Q1 Total Licensed 2025 1 65 2024 4 64 Source: City of Niagara Falls Clerks Department, 2025 Page 11 of 18 Page 358 of 547 [Type here] www.niagarafalls.ca Page 5 of 11 Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 2 – Housing Market DataSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 2 – Housing Market DataSection 1 – Development Review Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market DataSection 1 – Development Review Q1 Residential Development Activity CMHC Reported Residential Starts, 2025 *Residential starts do not account for ADUs. Source: Canada Mortgage and Housing Corporation Data, 2025 CMHC Reported Residential Completions, 2025 Source: Canada Mortgage and Housing, Housing Market Information Portal, 2025 As reported by the CMHC, a residential start is the beginning of the construction phase, typically a building foundation or footing. A completion signifies the end of the construction cycle, when a building is ready for habitation and an occupancy permit is issued. Singles Semis Towns Apartments Total January 1 - - - 1 February 1 2 - - 3 March 2 - - - 2 Q1 Total 2025 4 2 - - 6 Q1 Total 2024 12 2 12 - 26 Singles Semis Towns Apartments Total January - - - - 0 February 10 - 6 - 16 March 14 - - - 14 Q1 Total 2025 24 - 6 - 30 Q1 Total 2024 14 4 85 23 126 Page 12 of 18 Page 359 of 547 [Type here] www.niagarafalls.ca Page 6 of 11 Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development ReviewSection 1 – Development Review Section 1 – Development ReviewSection 1 Q1 Non-Residential Building Permit Activity: Industrial, Commercial, and Institutional (ICI) Value and Permit Number of ICI New Building Permits, Q1 2025 Month Value ($) Permit # January $75,000 2 February $56,595 2 March $120,000,000 1 Q1 2025 Total $120,131,595 5 Q1 2024 Total $22,050,000 4 Source: City of Niagara Falls Building Permits, 2025 Value and Permit Number of ICI Renovations and Alterations Building Permits, Q1 2025 Month Value ($) Permit # January $165,000 5 February $2,551,384 5 March $120,000 2 Q1 2025 Total $2,836,384 12 Q1 2024 Total $4,340,000 26 Source: City of Niagara Falls Building Permits, 2025 . ➔ A $1.5 M building permit was issued for renovations to an existing Zehrs located at 6940 Morrison Street, in February 2025. A $600,000 permit was issued for the renovation of an existing store into a new Healthy Planet located at 7481 Oakwood Drive, in February 2025. ➔ A $120 M building permit was issued for a new Hydrogen Plant located at 2900 Whirlpool Road, in March 2025. At such a high value, this represents most of the value of new ICI construction in Q1 as well as most of the value of all ICI construction (new construction and renovations and alterations combined) in Q1. Page 13 of 18 Page 360 of 547 [Type here] www.niagarafalls.ca Page 7 of 11 Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Q1 Planning Applications Development Applications Q1 2025 YTD Total Q1 2024 Zoning By-Law Amendment Applications 5 5 8 Official Plan Amendment Applications 1 1 3 Minor Variance Applications 19 19 8 Consent Applications 9 9 2 Site Plan Applications 5 5 1 Plans of Condominium 1 1 2 Totals 40 40 24 Pre-Consultation Meetings 20 20 16 Source: City of Niagara Falls Planning Records, 2025 ➔ In Q1 2025, staff saw 40 Planning applications and 20 Pre-consultation meetings, while in Q1 2024 there were 24 Planning applications and 16 Pre-consultation meetings. This represents a 67 % increase in Planning applications as compared to Q1 2024. Most of this increase can be attributed to a higher number of Minor Variance applications in Q1 2025, representing a 138% increase (8 in Q1 2024 compared to 19 in Q1 2025). Most Minor Variance applications requested relief from side yard minimums, front yard setbacks, and rear yard setbacks of the Zoning By-law. Only a few Minor Variance applications involved requests for relief from permitted uses and parking requirements. Page 14 of 18 Page 361 of 547 [Type here] www.niagarafalls.ca Page 8 of 11 Section 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing AffordabilitySection 1 – Development Review Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Q1 By-Law Service Activity Source: City of Niagara Falls Clerk’s Department, 2025 ➔ In comparison to Q1 2024, which saw a total of 1,583 complaints, orders, rodent rebates, inquiries, letters, and requests; Q1 2025 saw an increase of 51% with a total of 2,385. This is due to increased inquiries about Additional Dwelling Units, multiple individuals calling to complain in regard to the same property, and an increase in call volume with respect to encampments. ➔ In regard to Bylaw complaints during Q1 2025, the City experienced a peak of 117 in March and a low of 63 in January, which speaks to seasonal factors such as snow coverage reducing the visibility of any non-compliant garbage and debris. February saw the lowest Property Standards and Building Complaints, for a total of 22 combined. Type Q1 2025 YTD Total Q1 2024 By-Law Complaints 252 252 259 Property Standards Complaints 68 68 100 Building Code Orders 33 33 33 Rodent Rebates paid out 6 6 2 Calls/Counter Inquires through the Clerk’s office 2,001 2,001 1,150 Compliance Letters issued 18 18 36 FOI Requests 7 7 3 Total 2,385 2,385 1,583 Section 1 – Development Review Page 15 of 18 Page 362 of 547 [Type here] www.niagarafalls.ca Page 9 of 11 Section 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development ReviewSection 2 – Housing Market Data Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development Review Section 1 – Development Review Section 1 – Development ReviewSection 1 – Development ReviewSection 1 – Development Review Q1 Sales Prices and Listings Source: Niagara Association of Realtors, 2025. Average Sale Price Q1, Per Year Source: Niagara Association of Realtors, 2023-2025 Market Reports During Q1 2025, the housing market in Niagara Falls was turbulent. The average sale price hit a low in January, a peak in February, and then decreased once again in March, but not to a value less than the low experienced in January. As of March 2025, the average price of resale homes decreased significantly from the peak of $634,222 in February to $586,544. Further, throughout Q1 of 2023 to 2024, the lowest average sales price was recorded in January 2024 at $600,300. However, in January of 2025 the average sales price decreased to $574,794, the lowest value during Q1 of 2023 to 2025, signifying a 4 % decrease from $600,300. January February March 2025 $ 574,794 $ 634,222 $ 586,544 2024 $ 600,300 $ 600,600 $ 614,700 2023 $ 612,100 $ 622,000 $ 633,700 Page 16 of 18 Page 363 of 547 [Type here] www.niagarafalls.ca Page 10 of 11 Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Q1 HOUSING IN REVIEW In accordance with the Niagara Region’s definition of affordable, the City of Niagara Falls has a goal to build 270 housing units that are affordable, per year, with a purchase price or rental price at or below the identified threshold for affordable. The Niagara Region defines affordable housing as, ‘housing that does not cost more than 30 per cent of annual household income for low- and moderate-income households.’ Q1 New Housing Units that Met Affordable Housing Criteria (Building Permits) Number of New Affordable Housing Units Total Number of New Housing Units % of New Housing Units that meet Affordable Housing Criteria % Change Q1 2024 VS. Q1 2025 Q1 2025 140 146 96 % + 33% Q1 2024 56 78 72 % Source: City of Niagara Falls Building Permits, 2025 * Based on maximum affordable housing price of $539,460 for a moderate-income level household (earning up to $103, 572) ➔ In Q1 2025, the high percentage (96%) of new housing units that met the criteria for housing that is affordable, can be partially attributed to 50 apartment units that are considered affordable. ➔ With respect to Development Approvals, Q1 2025 saw Council approval of 47 housing units that are affordable. This included a Zoning Bylaw Amendment application, wherein the 17 units have an estimated rental price of $800/month and 1 concurrent Official Plan and Zoning Bylaw Amendment application, with 30 units that are affordable (25% of the approved 118 total units). ➔ In Q1 2025, Building permits were issued for 30 new Additional Dwelling Units (ADU’s), including 2 non-basement ADUs. Planning Staff consider ADUs to be a good example of housing that is affordable due to their general size and cost. Hence, ADU’s are likely to contribute to the City’s supply of housing that is affordable and are included in the above table. Page 17 of 18 Page 364 of 547 [Type here] www.niagarafalls.ca Page 11 of 11 Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – Housing Affordability Section 3 – Housing AffordabilitySection 3 – As seen in the ‘Average Sales Price Q1, Per Year’ table on page 9, March 2025 marked a decrease in the average sales prices of houses in comparison to February 2025. Although the March average sales price of $586,544 is above the maximum benchmark of $539,460 for housing that is affordable (for households earning up to $103,572 annually), an overall decline in the price of houses during Q1 has been noted from 2023 to 2025. Additionally, as $539,460 is the 2022 benchmark, this price is expected to have increased over the years to a higher value for 2025. Therefore, the average sales price in March 2025 of $586,544 may be closer to the 2025 benchmark for housing that is affordable. City Planning Staff will continue to monitor housing and building permit data to assess affordability and progress towards housing goals. Page 18 of 18 Page 365 of 547 PBD-2025-036 Building and Municipal Enforcement Report Report to: Mayor and Council Date: May 27, 2025 Title: Commercial Parking Lot By-law Amendment Recommendation(s) 1. That Council APPROVE the proposed Commercial Parking Lot by- law as detailed in Appendix 1 of the staff report PBD-2025-036 2. That Council AUTHORIZE staff to update the Schedule of Fees to include the licencing fees associated with the Commercial Parking Lot By-law as identified in this report. Executive Summary At the council meeting held on February 4, 2025, council passed a motion requesting staff to prepare a report identifying the number of current parking lots in the city, how many lots are in compliance with the current by-law, the current schedule of fees associated with the licensing of lots, the requirements to bring these lots into a licensing program and ensure that the commercial parking lot owners pay any revised fees, thus obtaining a license and meet the by-law requirements. In discussions with the various departments, staff identified that only 3 commercial parking lots in the municipality were licensed with the clerk’s department. Municipal enforcement staff then conducted a comprehensive review of all potential commercial parking lots throughout the City. Staff did have conversations with some of the stakeholders during this process. There appeared to be no willful default on the industry to comply with the current by-law but it was noted that the industry found it extremely onerous to meet the conditions of the current by-law and therefore never got licensed. Given the feedback from the users, staff have reviewed the licence requirements and have made recommendations in this report to modify the Commercial Parking lot By-law as detailed in Appendix “1”. The key changes are to provide separate regulations and a fee structure for small (1-100) and large (101 and above) commercial parking lots. Page 1 of 13 Page 366 of 547 The by-law still applies generally to all privately owned commercial parking lots, including surface lots and parking structures, operated for profit or public use but it now also contains specific provisions and regulations for small lots and large lots. Both large and small commercial parking lots will require $2,000,000.00 in insurance, must appropriately maintain their site as well as the street or sidewalk abutting the lot in a clean and neat condition, and no solicitation or nefarious behavior on a highway will be permitted. Large parking lots will be subject to the City’s Zoning By-law and site plan control standards whereas small commercial parking lots would be exempt from both provided it is a permitted use and will only be subject to the detailed provisions contained within the commercial parking lot by-law itself. The report also recommends that Council amend the schedule of fees by-law to add an annual non-refundable small commercial parking lot licence fee of $500.00 and a large commercial parking lot fee of $1000.00. The proposed fees will be included in the Clerks Department schedule of fees. Background Historically, the Clerk’s department staff would provide a new applicant with the application to operate a commercial parking lot (see Appendix 2). The application, if completed would be circulated to the various departments for comments. It is staff’s understanding that the applicants viewed the requirements to obtain a licence as too cumbersome and therefore never proceeded with an application for a licence. The original commercial parking lot by-law dates back to 2001. Since 2001 the Clerks department has only issued 3 commercial parking lot licenses in the 24 plus years that the by-law has been in place. The lack of applications is a clear indication that the appropriateness of the by-law in relation to what is really needed to achieve the objectives of the municipality without heavy encumbrances to obtain appropriate licencing. In 2018, the council granted VCBIA commercial lot owners permission to not adhere to the provisions of the current by-law or to require site plan control and allowed them to pave their parking lots using appropriately surfaced materials. This approach was to discourage the use of crushed stone and granular materials to enhance the aesthetics and streetscape of the tourist areas. Since 2018 there have been no identified concerns with drainage, lighting or parking lining after the VCBIA lot owners asphalted approximately 16 parking lots in 2018. Page 2 of 13 Page 367 of 547 Municipal enforcement staff have identified 43 potential commercial parking lots operating throughout the city. The lots vary in size, scale and scope. Most lots appeared to have hot-mix asphalt on a granular base, some with lighting, painted parking lines, drainage, garbage receptacles, while others had some of those previously mentioned provisions but are still allowing vehicles to park on a crushed stone or granular based material. Analysis The authority to enact a commercial parking lot by-law is contained within Ontario’s Municipal Act, 2001, S.O. 2001, c.25. Staff are proposing a revised commercial parking by-law to reduce the restrictions and to provide for two sets of standards, one for large commercial parking lots (101 parking spaces or more) and one for small commercial parking lots (1-100 spaces). This new by-law will allow the small commercial parking lot owners the ability to apply for and obtain a license to regulate their lots through self-confirmation that they adhere to the limited rules, the submission of a concept plan and regulations contained within the By- law. For large commercial parking lots applicants will be required to submit an approved site plan as well as the prescribed fee prior to the issuance of a licence. The small commercial parking lots will be exempted from the regulations contained in the City’s Zoning By-law 79-200 with the exception that a parking lot must be a permitted use on the subject lands. In addition, the small lots will be exempt from site plan control. Commercial parking lots are currently listed under the Planning Act as a site plan control matter, but staff are of the opinion that the small commercial lots can be exempted with some minor regulations, given their size and relative impact. The proposed commercial parking lot by-law also requires that applicants of small commercial parking lots acknowledge that they will adhere to the requirements for a small commercial parking lot contained within the by-law as well as pay any required fee prior to a licence being issued. The requirements in the commercial parking lot by-law generally consist of the following matters:  Provide a 1 m setback from street right of ways, fire hydrants, poles and adjacent driveways.  Any new building or structure proposed in conjunction with the small commercial parking lot should be setback at least 1m from all property lines. Page 3 of 13 Page 368 of 547  ensure the parking lot has an adequate drainage system that does not adversely affect adjacent properties or the public road allowance.  ensure that all parking lots consist of a stable surface (asphalt, concrete, permeable pavers) in accordance with normal construction specifications.  the location of the vehicular entrances and exits, must be setback at least 1 metre from every abutting entrance or exit driveway except where the driveway serves both properties as a combined entrance and exit.  ensure that a visual and physical buffer is provided where a commercial parking lot abuts a residential property in order to mitigate potential impacts. This buffer may consist of a continuous landscape strip or a solid, wooden privacy fence with a minimum height of 1.8 metres, constructed in accordance with the City’s standard Typical Wood Fence Detail.  ensure that the parking lot is adequately illuminated and restricts light trespass onto adjacent private residential (use) properties and to reduce glare that may adversely affect motorists.  ensure the parking lot has accessible spaces in accordance with By-law No. 2019-44;  ensure that the parking lot is located in a zone that permits a parking lot.; Where a commercial parking lot exceeds 100 spaces for the parking of a vehicle, it is classified as a large commercial parking lot and shall be subject to the regulations contained in the City's Zoning By-law 79-200 and will be subject to site plan. This means the larger parking lots will be subject to all the provisions in the zoning by-law as well as the site plan control by-law and associated guidelines. Matters such as lighting controls through the submission of a photometric plan, setbacks, pavement construction minimums, parking stall widths and access points widths etc will all be examined through a formal plan process. For both large and small commercial parking lots, the operator of every commercial parking lot shall ensure that the commercial parking facility does not negatively affect the required parking requirements of Zoning By-law 79-200 for any other use on the property. For example, if a retail store on the property required 40 parking spaces and the site contained 90 parking spaces the commercial parking lot could operate a licenced 50 space small commercial parking lot on site. The 40 spaces required for the retail store could not be part of a commercial parking lot as they are required for the retail use. Page 4 of 13 Page 369 of 547 The new proposed by-law would also require that the commercial parking lot by-law owners maintain comprehensive public liability insurance of at least $2,000,000.00 against claims for personal or bodily injury, death, property damage, or other claims. Lastly, the by-law contains a number of operational and other off site provisions that relate to both small and large commercial parking lots such as keeping the parking lot, street or sidewalk abutting the lot free from dirt, snow, debris ice or foreign substances and kept in a clean and neat condition. Garbage receptacles are to also be provided at a rate of 1 per 50 spots, the solicitation or nefarious behavior on a highway will be restricted etc. Enforcement The importance of achieving compliance and allowing all stakeholders to apply for a license without excessive rules and regulations is crucial. The proposed framework allows the municipality to address public interest while allowing some relaxation of the rules with some self-confirmation that the parking lots adhere to minimum standards. Municipal enforcement staff will create a checklist and conduct an inspections prior to the issuance of a licence to ensure that the owners meet the requirements as outlined in the proposed by-law for small commercial parking lots. For large commercial parking lots there will be a site plan and site plan related inspections to ensure that the construction meets the approved drawings. The importance of achieving compliance and allowing all stakeholders to apply for a license without excessive rules and regulations is crucial. The proposed framework allows the municipality to address public interest while allowing some relaxation of the rules with some self-confirmation that the parking lots adhere to minimum standards. The importance of achieving compliance and allowing all stakeholders to apply for a license without excessive rules and regulations is crucial. The proposed framework allows the municipality to address public interest while allowing some relaxation of the rules with some self-confirmation that the parking lots adhere to minimum standards. The importance of achieving compliance and allowing all stakeholders to apply for a license without excessive rules and regulations is crucial. The proposed framework allows the municipality to address public interest while allowing some relaxation of the rules with some self-confirmation that the parking lots adhere to minimum standards. Notice Notices were mailed to all the potential commercial parking lots on April 9, 2025 advising the owners that the by-law is under review and that if it was approved, they would be required to obtain a licence. Every owner of a commercial parking lot will have to adhere to the new By-law, provide the appropriate insurance and pay the proposed Page 5 of 13 Page 370 of 547 fee. Failure to comply with the proposed by-law if approved may result in administrative monetary penalties, potential court action(s) and cement jersey barriers placed on city property preventing access to the lot. Financial Implications/Budget Impact There are potentially 43 commercial parking lots identified within the municipality. The current licensing fee of $100.00 dollars for commercial parking lots has remained unchanged for more than a decade. Staff are requesting that Council amend the schedule of fees by-law to add an annual non-refundable small commercial parking lot licence fee of $500.00 and a large commercial parking lot fee of $1000.00. The proposed fees will be included in the Clerks Department schedule of fees by-law within a sub-heading of commercial parking lot fees. With the Council approved addition of junior enforcement staff, the department will increase their enforcement efforts of commercial parking lots on a complaint basis. Staff will take the appropriate enforcement actions where necessary to bring commercial parking lots into compliance with the proposed by-law legislated requirements over the summer months. The current complement of two Municipal Enforcement Clerk Staff service members will currently be able to provide the required administrative support for the administration and enforcement support of the proposed by-law. ESTIMATED REVENUES IN 2025 LICENCING (Number of current potential commercial parking lots bolded below) Number of Estimated Parking Lots Annual Registration Fee Total Approximate Revenues 10 Large $1000.00 $10,000.00 33 Small $500.00 $16,500 Total $26,500.00 ENFORCEMENT FEES The City may recover the costs of doing a matter by adding the costs to the tax roll and collecting them in the same manner as property taxes as provided for under section 398 of the Municipal Act, and such costs shall include an interest rate of fifteen per cent Page 6 of 13 Page 371 of 547 (15%) per year commencing on the day the City incurs the costs and ending on the day the costs, including the interest, are paid in full. Under the Municipal Act, we are statue-bound to provide good government and achieve municipal objectives through the enactment and enforcement of by-laws. However, we can only do that by using and managing and using the municipalities resources responsibly. One of Council's goal is to maintain the financial integrity of the municipality. This is why municipalities are given leeway in terms of how they enforce their by-laws to maximize the use of available resources in doing so. CITY'S STRATEGIC COMMITMENT Although the commercial parking lot by-law does not address the specific requirements of the Councils strategic plan, the information contained in this report meets the City's overall commitment to address issues relating to property standards to help beautify our community by enforcing property standards with a focus on unsightly commercial parking lots. Strategic Plan Pillars List of Attachments Appendix 1 - Commercial Parking Lots By-law Appendix 2 - Application to Operate a Commercial Parking Lot Written by: Gerald Spencer, Manager of Municipal Enforcement Services Submitted by: Status: Kira Dolch, General Manager, Planning, Building & Development Approved - 22 May 2025 Jason Burgess, CAO Approved - 22 May 2025 Page 7 of 13 Page 372 of 547 COMMERCIAL PARKING LOTS Schedule 11 to By-law No. 2001-31, amended by By-law No. 2017-131, and as further amended by By-law No. 2025-065 Authority: Municipal Act, R.S.0. 1990, c. M.45, as amended (“Municipal Act”) 1. Definitions The following definition shall apply for the purposes of this By-law “Adequate” means something that is enough or satisfactory to meet a certain standard or requirement as determined by the applicant’s “Engineer”. “City Clerk" for the purpose of this by-law, means the City Clerk or their designates. “Small Commercial Parking lot” means a parking area or structure containing no more than 100 parking spaces, other than a street and used for the temporary parking of two or more vehicles for profit or gain. This does not include a parking facility used exclusively for the parking of motor vehicles of customers, visitors, patrons, employees, students, clients, or patients of a business, educational facility, hospital, medical clinic, nor dental clinic. “Large Commercial Parking Lot” means a parking area or structure containing more than 100 parking spaces other than a street and used for the temporary parking of two or more vehicles for profit or gain. This does not include a parking facility used exclusively for the parking of motor vehicles of customers, visitors, patrons, employees, students, clients, or patients of a business, educational facility, hospital, medical clinic, nor dental clinic. “Engineer” an individual retained by the applicant that is a Professional Engineer registered under The Professional Engineers Act of Ontario, to perform engineering services and conformity to this bylaw. “For profit or gain,” for the purposes of this by-law, includes but is not limited to: (i) receiving payment in exchange for providing a space to park a vehicle; or (ii) including a parking space as a perk, discounted, non-charged or unpaid item, combined with another service that is paid for, such as, but not limited to, a hotel stay or a meal service. “Operator” means a person who, alone or with others, carries on, conducts, operates, maintains, controls, or keeps the business of a commercial parking lot, and “operate”, “Operations" and other words of like import or intent shall be given a corresponding meaning. “Highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the Page 8 of 13 Page 373 of 547 general public for the passage of vehicles and includes the area between the lateral property lines thereof; 2.Every person who operates a small or large commercial parking lot within the Municipality shall first apply for and obtain an annual licence to do so for each such commercial parking lot. 3.Nothing in this Schedule shall relieve or exempt any person from the obligation to comply with the requirements of any other by-law of the Municipality in force from time to time or from the obligation to obtain any licence, permit, authority or approval required under any other by-law of the Municipality. 4.Notwithstanding section 3 of this by-law, where a parking lot is a permitted use in the zone in which it is located, a small commercial parking lot shall be exempt from the regulations contained in Zoning By-law 79-200. 5.Notwithstanding section 3 of this by-law, where a parking lot is a permitted use in the zone in which it is located, a small commercial parking lot shall be exempt from site plan control. 6.Every person who operates a large commercial parking lot within the municipality shall be subject to all applicable City By-laws including but not limited to the City’s Zoning By-law. 7.Every person who operates a large commercial parking lot within the municipality shall be subject to site plan control and must adhere to the site plan guidelines in effect. 8.Every person so licensed shall be subject to the provisions of this Schedule. 9. An application for a small or large commercial parking lot licence shall be made in writing, filed with the City Clerk, and: (1) shall show the applicant's name and postal address, the name and address of the commercial parking lot and a drawing of the proposed commercial parking lot, a full legal description of the premises used or proposed to be used, together with any sufficient particulars of arrangements for carrying on the business 10.Every person operating a small or large commercial parking lot shall: (1)submit to the City Clerk, prior to the issuance or renewal of a licence under this Schedule, proof of a policy of comprehensive public liability insurance on an occurrence basis against claims for personal or bodily injury, death, property damage, or other claim, in the amount of at least $2,000,000.00, exclusive of interest and all costs, in respect of any one occurrence. (2)give at least 30 days’ notice in writing to the City Clerk of any cancellation, expiry or variation in the amount of the policy. Page 9 of 13 Page 374 of 547 11.The operator of every small and large commercial parking lot shall ensure: (1)that all signs and required facilities are maintained in conformity with all applicable provisions hereinbefore set forth; (2)that every entrance, exit, and access aisle is kept unobstructed for its full length and width, and that all entry, parking and discharge of vehicles is conducted only as indicated on the plans submitted with the application for licence or as subsequently authorized, provided that this subsection shall not be deemed to prohibit a suitable ticket office or automatic control device which does not contribute to congestion or unreasonably obstruct any means of ingress or egress; (3)that if the operator engages in driving, operating ,or moving motor vehicles parked or stored at or upon the licensed premises, that the operator be the holder of a valid driver's licence as defined under the Highway Traffic Act R.S.O. 1990 Chapter H. 8, as amended, and shall not employ any person or permit any employee to drive or operate such motor vehicle unless such person is the holder of a valid driver's licence, as defined under the Highway Traffic Act; (4)that except in the case of a metered or automatically controlled commercial parking lot, a competent attendant is on duty at all times during business hours as indicated on the sign; (5)that no soliciting occurs, on any highway within the jurisdiction of the Municipality, on behalf of the licensed commercial parking lot; (6)that no signs displayed on the licensed premises resemble or be constructed to resemble the City’s official approved parking lot signage existing or amended and all signs and adhere to sign by-law No. 2021-24; (7)that no person is allowed to loiter about the premises; and (8)that the licensed premises be kept free from dirt, debris, snow, ice or other foreign substances and be kept in a clean and neat condition, and that any sidewalk or street upon which such premises abuts, be kept free from dirt, debris, snow, ice or other foreign substance derived from such premises or resulting from the use thereof. (9)that the parkinglot does not negatively affect the parking requirements of Zoning By- law 79-200 for any other use on the property. 12. Licencing signage shall be displayed in a conspicuous place, where it may readily be seen by every driver of a motor vehicle about to enter the premises bearing in clear and legible letters and figures no less than ten and no more than thirty centimeters high, the name of the operator, and the licence number of the licence issued by the City Clerk for the operation of Page 10 of 13 Page 375 of 547 the subject commercial parking lot; 13.Garbage receptacles, properly constructed of steel, or another suitable material, and be placed at central location, in the numbers prescribed by the following table: Capacity of Parked Vehicles Receptacles Required 1 Through 50 1 Each additional 50 +1 14.Every operator licensed under this Schedule shall at all times permit any person authorized by Council to enter the licensed premises and make such inspection as they deemed necessary in order to ascertain whether or not the provisions of this Part are being complied with. 15.Any proposed connections to municipal infrastructure (i.e. watermains and sewers) and any works being proposed within the Public Road Allowance shall require a Municipal or Regional Road Occupancy Permit to be issued prior to commencement of such works. The applicant will be required to furnish supplementary drawings and reports prepared by their Engineer in support of the connections to municipal infrastructure. 16.In addition, to the other relevant provisions in this by-law every small commercial parking lot shall be so designed, constructed and equipped as to be suitable in all respects for the purposes for which it is used or intended to be used, and, must comply with the following: (1)Provide a 1 m setback from street right of ways,fire hydrants, poles and adjacent driveways. (2)Any new building or structure proposed in conjunction with the small commercial parking lot should be setback at least 1m from all property lines. (3)ensure the parking lot has an adequate drainage system that does not adversely affect adjacent properties or the public road allowance. (4)ensure that all parking lots consist of a stable surface ( asphalt, concrete, permeable pavers) in accordance with normal construction specifications. (5)the location of the vehicular entrances and exits, must be setback at least 1 metre from every abutting entrance or exit driveway except where the driveway serves both properties as a combined entrance and exit. (6)ensure that a visual and physical buffer is provided where a commercial parking lot abuts a residential property in order to mitigate potential impacts. This buffer may consist of:a) A continuous landscape strip or a solid, wooden privacy fence with a minimum height of 1.8 metres, constructed in accordance with the City’s standard Typical Wood Fence Detail Page 11 of 13 Page 376 of 547 (7)ensure that the parking lot is adequately illuminated to restrict light trespass onto adjacent private residential properties and to reduce glare that may adversely affect motorists. (8)ensure the parking lot has accessible spaces in accordance with By-law No. 2019-44; (9)ensure that the parking lot is located in a zone that permits a parking lot.; 17.Every operator licensed under this Schedule shall pay an annual licence fee for each commercial parking lot in accordance with the City’s Schedule of feed By-law. 18.Non-compliance with this by-law will be enforced in accordance with the provisions of the Administrative Monetary Penalties System (“AMPS”) for Non-Parking Matters By-law No. 2024-045 and By-law No. 2025-018, as amended (collectively, the “AMPS By-laws”), in particular, with respect to the penalty shown for By-law No. 2001-31, Schedule 11, Section 8(5) therein. 19.An administrative penalty under the AMPS By-laws, including any administrative fee, that is not paid within fifteen (15) days after it becomes due and payable shall be deemed to be unpaid taxes and may be collected in the same manner as taxes in accordance with section 434.2 of the Municipal Act. Page 12 of 13 Page 377 of 547 Page 13 of 13 Page 378 of 547 CS-2025-32 Clerks Report Report to: Mayor and Council Date: May 27, 2025 Title: CLK-2025-32 Voting Methods for the 2026 Municipal Elections Recommendation(s) THAT Council RECEIVE the report on Voting Methods for the 2026 Municipal Elections report as information. THAT Council AUTHORIZE in-person ballot voting using vote tabulators as the primary voting method for the 2026 Municipal and School Board Elections. THAT Council AUTHORIZE internet voting as an alternative voting method for the 2026 Municipal and School Board Elections. THAT Council DIRECT staff to prepare the necessary by-law to authorize the use of internet voting as an alternative voting method. Executive Summary This report aims to inform Council on the results of the recent community engagement survey on preferred voting methods for the 2026 Municipal and School Board Elections. Staff are also seeking authorization from Council to use internet voting for Municipal and School Board Elections. Staff intend to participate in a Joint Request for Proposal (RFP) procurement process with participating local area municipalities to procure election-related equipment, technology, and services, therefore, it is important to seek early direction from Council to proceed accordingly. Analysis The City of Niagara Falls conducts Municipal Elections under the Municipal Elections Act, 1996 (MEA). The next regular Municipal and School Board Election will take place on Monday October 26, 2026. Page 1 of 6 Page 379 of 547 Legislation The Municipal Elections Act, 1996 permits municipalities to make use of alternative voting methods for Municipal and School Board Elections, including but not limited to: the use of internet voting, voting by mail, voting by telephone, electronic tabulators or any combination thereof. This is outlined in Section 42(1) of the MEA, which states that the council of a local municipality may pass by-laws: (a)Authorizing the use of voting and vote-counting equipment such as voting machines, voting recorders or optical scanning vote tabulators; and (b)Authorizing electors to use an alternative voting method, such as voting by mail or by telephone, that does not require electors to attend a voting place in order to vote. Section 42 of the MEA requires municipalities to decide on voting equipment and alternative voting methods by May 1st in the year of an election. While Council is not required to meet this legislative requirement until May 1, 2026, to secure equipment from vendors and participate in the joint RFP procurement process with local area municipalities, staff are requesting a decision from Council to facilitate procurement and the adoption of the necessary by-law in time for the launch of the joint RFP in late Spring 2025. Overview of Alternative Voting Methods (a) Paper Voting (with vote tabulator) Voter information cards are mailed to Niagara Falls residents listed as eligible to vote in Niagara Falls. After receiving their voter information card, voters physically attend a specified voting location to cast their ballot. Once the ballot is given to the voter, their name is struck off the voters’ list. Once the ballot is marked, it is fed into an electronic tabulator. The tabulator scans and reads the ballot, and the vote is cast. The ballot is deposited into a secure ballot box. The tabulator provides a cumulative total of all votes cast once voting is closed. (b) Mail-in Voting Eligible voters receive a ballot package in the mail that includes instructions, a voter declaration card, a ballot, a secrecy folder and a postage pre-paid return envelope. The voter completes the declaration confirming they are eligible to vote and are casting their ballot. Once returned via mail to City Hall, the voter’s name is struck off the voters’ list, and the secrecy envelope containing the ballot is placed in a secure ballot box until Voting Day. Like a traditional paper ballot, once cast, it is no longer associated with the voter. Electronic tabulators scan and count votes once voting is closed. Page 2 of 6 Page 380 of 547 (c) Telephone Voting Voter information letters are mailed to Niagara Falls residents listed as eligible to vote in Niagara Falls. The voter information letter will include instructions on when and how to cast a ballot using the telephone and provide the over with a unique voter PIN assigned to the specific voter. A security question must be answered correctly by the voter, and a declaration confirming the voter is eligible to vote must be completed before being given access to a ballot. Eligible voters must first agree to a voter declaration confirming they are eligible to vote and are casting their ballot. Once validated, an audio version of the ballot is presented to the voter. Once the selections are made and the voter confirms their selections. The vote is then cast, and the voter’s name is struck off the voters’ list. Once voting is closed the results are generated and provided to the Clerk. (d) Internet Voting Voter information letters are mailed to City residents listed as eligible to vote in Niagara Falls. The voter information letter will provide the voter with instructions on when and how to vote using a devise such as a computer, laptop, tablet, or smart phone to cast a ballot, and provide the voter with a unique voter PIN that will identify the voter when logging into the voting system to cast a ballot. A security question must be answered correctly by the voter, and a declaration confirming the voter’s eligibility to vote must be completed before access to a ballot is granted. Once the voter is validated, they make their selection(s) and cast their ballot. Like the in-person paper ballots, once the ballot is cast, the voter’s name is struck off the voters’ list, the ballot is placed in the virtual ballot box, and it is no longer associated with the voter’s information. Once voting is closed, the results are generated and provided to the Clerk Internet voting is a modern alternative to traditional paper voting, offering a convenient, accessible, and secure way to cast a vote without the need to physically attend a voting location. Internet voting offers flexible voting times, allowing voters to cast their ballots from anywhere and at any time. Similar to the use of vote tabulators for counting paper ballots, internet voting provides election results quickly. To mitigate security risks, the City may consult with a third-party provider to conduct thorough penetration and security testing. Additionally, Council may request that the successful vendor attend a Council Meeting to answer questions from Council or members of the public. Voting Methods and Voter Turnout in Niagara Falls The City of Niagara Falls has been using optical scanning vote tabulators and vote counting equipment since 1997 for municipal and school board elections. Considering the number of races on a paper ballot, (Mayor, Councillors, Regional Councillors and up to 4 different school boards) to count, the City has successfully used this technology to provide election results quickly. Staff recommend continuing to use this vote-counting Page 3 of 6 Page 381 of 547 equipment for paper ballots. To date, Niagara Falls has mainly relied on the use of the vote tabulators and vote counting equipment as well as in 2022 when the City also combined the use of Mail-in voting for anyone requesting that a ballot be sent to them via Canada Post mail. The use of Mail-in ballots worked well, but was not a popular alternative selected by residents and was an added expense to the municipality considering the number of Vote by Mail kits that were purchased in anticipation of their use. In 2022, the Association of Municipalities of Ontario (AMO) reported that the average voter turnout decreased from the 2018 election from 38.30 % to 32.9% (Association of Municipalities of Ontario, n.d). Niagara Falls followed a similar decline in voter turnout, with 39.19 % in 2018 and 27.53% in 2022. While internet voting in the long term has not been proven to increase voter turnout, some municipalities have experienced an increase in turnout in the first and second elections following the adoption of internet voting (Chughtai, 2022). Alternative Voting Methods in Ontario Municipalities The Association of Municipal Clerks and Treasurers of Ontario (AMCTO) and the Ministry of Municipal Affairs and Housing (MMAH) conducted 2022 post-election surveys. One of the key findings of the surveys included a significant increase in municipalities using vote tabulators and internet voting; between 2018 and 2022, internet voting increased by 16% (AMCTO). In 2022, over half of municipalities (58%) used internet voting. Additionally, 93% of municipalities utilizing internet voting reported being very satisfied with the method. AMO also provides context for the 2022 elections and breaks down the methods of voting utilized across Ontario municipalities and notes that voting methods continue to move to technology-based methods (AMCTO). Online or internet voting has increased in the last three election cycles. In 2014, 97 of Ontario’s 444 municipalities used online voting (Mackintosh, 2018). Let’s Talk Survey - Voting Methods for the 2026 Municipal and School Board Elections Staff conducted an online survey through the City’s “Let’s Talk” page, asking participants what voting methods they would be comfortable using to cast their votes in the 2026 Municipal and School Board elections in Niagara Falls. Of the 347 people that participated •68.30% chose In-Person Voting •49.57% chose On-line Voting •17.58% chose Vote by Mail *(Participants had the option to choose more than one method that they would feel comfortable using). Page 4 of 6 Page 382 of 547 The survey results indicate that that voters are highly interested in keeping the traditional In-Person voting method, while nearly half of the respondents would be comfortable voting on-line, despite that option never being made available in the City of Niagara Falls at either a municipal, provincial or federal election to date. A much smaller amount of those surveyed felt comfortable voting by mail, which explains for the low response rate for that service that was offered in 2022. With the rise in internet voting adoption among municipalities across Ontario, staff recommend providing electors with internet voting as an alternative option to the traditional paper ballots for the 2026 Municipal Elections. Accessibility Following each election, as required under the Municipal Elections Act, the Clerk has a responsibility of identifying and reporting on ways to remove and prevent barriers that affect electors and candidates with disabilities. While Niagara Falls has provided accessibility options for in-person paper ballot elections, adding internet voting as an alternative option would increase accessibility options. The AMCTO and MMAH surveys showed that improved accessibility was the most common reason for adopting internet voting behind modernization (AMCTO). Internet voting would enable homebound electors to cast their votes directly rather than requiring a proxy vote. Additionally, internet voting would allow electors who utilize screen readers or other accessibility tools to enhance their voting experience. Local Area Municipalities The municipalities of Fort Erie, Grimsby and Lincoln have all committed to both the traditional paper ballots, using vote tabulators for counting, as well as the use of internet voting. Thorold, Port Colborne, Niagara -on-the-Lake and St. Catharines may just be looking to use paper ballots with tabulators only. St. Catharines will consider a staff report in June on voting methods for 2026 Financial Implications/Budget Impact Staff, as well as residents, feel strongly about keeping the traditional paper ballot voting method as an option. Adding a voting method, such as on-line voting as an additional option to voters, will increase the cost of an election. Based on the experience of other local area municipalities and quotes from previous election cycles, the cost of incorporating internet voting could range from $30,000 to $60,000, depending on the vendor and the various methods employed. Page 5 of 6 Page 383 of 547 For the 2026 Elections, staff expect to achieve some cost savings by utilizing a larger number of City Staff as poll workers and reducing the number of voting locations that have been offered in the past. Not providing a Vote by Mail option will also see a savings over 2022 costs. If Council approves internet voting as an alternative voting option, savings will also be achieved when ordering fewer paper ballots. Based on the experience of other local area municipalities, Niagara Falls could expect internet voting participation between 25% and 65% when estimating how many paper ballots to order. Strategic Plan Pillars Customer Service Delivering a welcoming and consistent customer service experience centred around the people we serve. Written by: Bill Matson, City Clerk Submitted by: Status: Bill Matson, City Clerk Approved - 21 May 2025 Shelley Darlington, General Manager of Corporate Services Approved - 22 May 2025 Jason Burgess, CAO Approved - 22 May 2025 Page 6 of 6 Page 384 of 547 RCF-2025-08 Recreation and Culture Report Report to: Mayor and Council Date: May 27, 2025 Title: Proposal to Introduce a Pet Cemetery Section Recommendation(s) 1. That Council APPROVE the implementation of a designated pet cemetery section within Fairview Cemetery, allowing for either pet only and or human and pet combined interment. 2. That Council DIRECT staff to develop a revised bylaw to accommodate this approval as well as update our internal policies and procedures prior to December 31, 2025. Executive Summary The proposal to introduce a pet cemetery section within Fairview Cemetery against the backdrop of a recent policy update by the Bereavement Authority of Ontario, allowing pet burials in licensed cemeteries. This proposal is aligned with current market and social trends. Background Historically, cemeteries in Ontario were limited to human remains. In September of 2023 the Bereavement Authority of Ontario provided a policy to permit the interment of pets in cemeteries. This change reflects the increasing interest in having pets buried alongside their owners or in dedicated pet sections. There is an increased demand from residents who consider pets as integral family members. Families are looking for dignified local burial options for their pets, rather than third-party options that are outside their area. This is an opportunity for the City of Niagara Falls to continue to lead the way in the death care industry by implementing new ways to accommodate our ever-evolving industry. Many municipalities are currently considering similar integration to meet families wishes for the future. Both private and public sector have already started to make the changes necessary to provide a final resting place for both human and animals together. The city of Hamilton has opened a section already, while the Mount Pleasant group in Toronto has developed pet sections in two separate cemeteries. Page 1 of 3 Page 385 of 547 Analysis The City of Niagara Falls cemeteries continues to look for ways to make itself relevant for the future. Implementing a pet cemetery section or adding a new area that both pets and owners can be interred together can help offset rising maintenance and operation costs within our existing cemeteries. The infrastructure and administrative systems are in place which would allow us to adapt at a minimal cost. The Niagara SPCA and Humane Society and their CEO Amelia Canto is supportive of this plan. We would like to implement this plan in early 2026. Financial Implications/Budget Impact The increased sales of both plots will not only provide revenue for the lot sales, but also into the Care and Maintenance fund. At this time no changes to the staffing would be required as we already maintain the land we are looking to use. The City of Niagara Falls cemeteries would need to change our bylaws to allow for the legislation changes. Strategic/Departmental Alignment Financial Stability, committed to be financially responsible to the resident so Niagara Falls by practicing prudent fiscal management. The non-tax revenue will assist in increasing the Care and Maintenance fund which can help offset the operating budget. Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . List of Attachments Fairview Map Proposed Pet Areas Written by: JP Narbonne, Manager of Cemetery Services Submitted by: Status: Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Approved - 21 May 2025 Jason Burgess, CAO Approved - 22 May 2025 Page 2 of 3 Page 386 of 547 NAIMENTRANCE OFFICE OAKES PARK ST. ANDREW'SUNTITED CHURCH ST. MARY'SSCHOOL FAIRVIEWMAUSOLEUM FIRESTATIONONE O C 6 9 10 11 8 12 14 2 UU M L H G K I E D JJ TT F R Q P 7 7A 4 5 S SS NN N 3A 3 B BB A MapleGrove V W 16 IslandB VV Stanley AvP orta g e R d Du k e A v Law AvBridge St Morrison St Inglis Dr Cedar St Huron St Maple St Elm St Menzie St Hamilton St FairviewCemetery ® March 11, 2021K:\CEMETERY\Cemetery Overview Maps\Fairview.mxd Cemetery Phone Line:905-354-4721 Island D Island C Human & Pet Burial Area Pet Scattering Area Page 3 of 3 Page 387 of 547 PBD-2025-037 Building and Municipal Enforcement Report Report to: Mayor and Council Date: May 27, 2025 Title: Niagara Falls Animal Care and Control By-law Recommendation(s) 1. That Council Approve waiving yearly registration fees for Service Dogs as defined by the City Animal Control By-Law. 2. That Council NOT APPROVE an unlimited exemption to the number of dogs permitted per residence if the dogs are identified as service dogs as defined by the City’s Animal Control By-Law. 3. That Council NOT APPROVE the definition change from Service Dog to Service Animal. Executive Summary At the May 6, 2025 council meeting, the Mayor's Accessibility Advisory Committee made recommendations to amend the current language in the Animal Care and Control By-law 2019-35. Council at this meeting pulled this matter and referred the matter to staff for review. Staff have reviewed the matter and prepared a report identifying the implications of the Accessibility for Ontarians with Disabilities Act, and the history of the By-laws. Staff in consultation with the SPCA are of the opinion that waiving of the $20 for Neutered and $40 for Non-neutered yearly registration fees (licensing fee) for documented Service Dogs is acceptable and in line with other area municipalities. It is however, the understanding of staff and the SPCA that regardless of the fee waiver all service dog owners are still required to register their dog annually in accordance with the current By-law provisions. Staff and the SPCA are of the opinion that these requirements should continued to be maintained. The proposed changes to the definition of service animal are not supported by staff or the SPCA and that the definition of Service Dog remains. The SPCA has advised that broadening the accommodation from “Service Dog” to include any animal deemed to be a service animal could introduce animals normally prohibited under the bylaw, as there is minimal provincial oversight and it takes very little for a Doctor to sign off. The SPCA Page 1 of 9 Page 388 of 547 has also advised that other municipalities continue to use the same definition of “Service Dog” as Niagara Falls. The exemption for one (1) service dog to be exempted from the provisions of three (3) dogs per dwelling unit is not supported and Staff/SPCA. Staff recommend that any exemption should be considered by Council as an increase could increase complaints related to noise, waste, odor nuisances, aggression or overcrowding. By requiring consideration by Council ensures responsible pet ownership and good neighbour relations. The City’s By-law currently can allow a maximum of nine (9) dogs per property as the Province now permits as of right three (3) dwelling units per property. The addition of one (1) service dog per dwelling unit could increase the potential number of dogs per property to twelve (12) in the City. Lastly, with more dogs within one dwelling unit there is concern that this could lead to health a safety concerns of the animals in certain situations. Background Most municipalities have by-laws that limit the number of dogs a resident may keep on private property (e.g., a maximum of 2 or 3 dogs per dwelling unit). These limits aim to:  Prevent noise, waste, and odor nuisances.  Reduce the risk of aggression or overcrowding.  Ensure responsible pet ownership and neighborhood harmony. The City of Niagara Falls By-law 2019-35 limits the number of dogs to a maximum of three (3) per dwelling unit for these reasons. In addition, since the Provincial changes to allow 3 dwelling units per property, this By-law has not been updated ultimately resulting in permissions that could allow up to nine (9) dogs per property. The Mayor's Accessibility Advisory Committee at their March 17, 2025 made a recommendation to amend the current language in Bylaw 2019-35, which included making a change to the definition of service animal, the registration of a service animal, the waiving of the fee for a service animal in service and that one (1) service animal per dwelling unit be permitted in addition to the three (3) dogs permitted. Page 2 of 9 Page 389 of 547 Analysis The recommendations made by the Mayor's Accessibility Advisory Committee being:  a change to the definition of service animal  the registration of a service animal and the waiving of the fee for a service animal in service; and  that one (1) service animal per dwelling unit be permitted in addition to the three (3) dogs permitted. have been assessed by Staff and the SPCA in this report. Definition of Service Animal The Committee recommended the following definition of Service animal replace the current definition of service dog: “Service animal means an animal that is required for the purposes of aiding a person with a disability. A service animal must be: - easily identifiable as relating to your disability - you can provide documentation from a regulated health professional confirming the animal is required due to a disability". Currently, the By-law defines a "service dog" as an animal trained by a recognized school for service as a guide dog for the blind or visually-impaired, a guide dog for the deaf or hearing-impaired, or a special skills dog for other disabled persons;" The Niagara Falls SPCA has recommended that the definition of Service Dog remains the same and not be changed to Service Animal as this could allow a service Rooster, snakes or other prohibited animals. In addition, the SPCA noted there is minimal provincial oversight for appropriate documentation, and it takes very little for a doctor or the internet doctors to sign off. The SPCA has also advised that in the other cities that they service they have not modified the definition and continue to use the same definition as the City i.e. “ Service Dog”. Lastly, the definition above does not specify that the service animal must adhere to both conditions. Staff have assumed this definition is reflective of the Accessibility for Ontarians with Disabilities Act regulation 191/11 section 80.45(4) which states that an animal is a service animal for a person with a disability if: Page 3 of 9 Page 390 of 547 (a) the animal can be readily identified as one that is being used by the person for reasons relating to the person’s disability, as a result of visual indicators such as the vest or harness worn by the animal; or (b) the person provides documentation from one of the following regulated health professionals confirming that the person requires the animal for reasons relating to the disability: (i) A member of the College of Audiologists and Speech-Language Pathologists of Ontario. (ii) A member of the College of Chiropractors of Ontario. (iii) A member of the College of Nurses of Ontario. (iv) A member of the College of Occupational Therapists of Ontario. (v) A member of the College of Optometrists of Ontario. (vi) A member of the College of Physicians and Surgeons of Ontario. (vii) A member of the College of Physiotherapists of Ontario. (viii) A member of the College of Psychologists of Ontario. (ix) A member of the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario. O. Reg. 165/16, s. 16. Given that either condition can be met the SPCA has advised that this definition would allow the potential for abuse of laws as these "visual indicators" (eg. a vest) can be purchased on Amazon for $20. The proposed change to the definition of “Service Dog” to “Service Animal” would impact other sections of the City’s By-law for example the registration requirements of a service dog. Should Council wish to consider changes to the definition despite the concerns noted by the SPCA, staff would suggest that Mayor's Accessibility Advisory Committee along with the SPCA and staff consider all the implications of the proposed definition change and present a revised By-law and report to Council. Page 4 of 9 Page 391 of 547 Registration of a Service Dog and the waiving of fees The Committee recommended that every owner register their service dog upon ownership, and they require that owners provide documentation from a regulated health professional confirming the animal is required due to a disability. The Committee recommended that the annual registration be waived until the service dog is retired, and they become a pet, then they will be subject to the annual registration fee. The current registration requirements for a service dog under the City’s By-law, require that a training certificate from a reputable dog training school and documentation from a listed professional and this should remain until such time as the definition and the implications of a definition change are fully vetted and considered by all parties. Registration is required via By-law 2019-035 to ensure that an individual dog owner meets the necessary requirements as a service dog. The Niagara SPCA and staff have no objection should Council decide to waive the licence fees for documented service dogs until their retirement from service. Dog Limit Exemption The current By-law restriction allows for a service dog to be captured in the 3 (three) dog limit. The Committee recommended the exemption of one (1) service animal (dog) from the statutory limit of three (3) dogs per legal dwelling. Staff consulted with the SPCA and the SPCA is opposed to this recommendation, as the increased number of dogs could increase complaints regarding barking dogs, and cause issues with the amount of dog feces on the properties which could lead to rodents who are attracted to animal feces, as well as unacceptable smells during the summer months. The City By-law currently can allow a maximum of nine (9) dogs per property as the Province now permits as of right three (3) dwelling units per property. Should Council consider an additional service dog per dwelling unit could increase this number to up to twelve (12) dogs per property. Council should also consider the By-law enforcement implications regarding all other By-laws that could be violated in relation to dogs. Such as the Noise By-law with barking, as well as the Litter and Maintaining of Lands with the amount of dog feces. At present, most Niagara municipal By-Laws require any dog owner possessing more than the statutory maximum number of dogs to apply for a kennel licence. These Page 5 of 9 Page 392 of 547 licences typically require property to be appropriately zoned for kennel use. Kennels contain specific setbacks to address nuisances such as those noted above. Other Municipalities The SPCA reviewed the By-law for 14 other municipalities within the Region, as well as other larger municipalities. Some of these municipalities have enacted a policy to waive the registration fee for documented service dogs but have still maintained that a service dog is inclusive to the restricted number of dogs. The rules regarding special exceptions for service dogs in Niagara and beyond are varied in their permissiveness. Some By-laws make no exceptions with regard to licencing fees and limits while some others waive licencing fees and allow exemption to the dog limit but only with Council approval. Municipality By-law Service Animals Welland 2007-199 s. 7.7 No licence charge for canine vision dogs, hearing dogs to assistance provide to trained dogs or persons with disabilities. No exceptions provided to dog limit West Lincoln 2023-54 No mention of licence fee exemption or dog limit exception. NOTE: previous repealed bylaw 2011-44 DID afford exemption for licence fee for service dogs. Lincoln No exemption for licence fee, no exceptions for service dogs under dog limit. Port Colborne 4930-155-06 s. 6(f) no charge for canine vision dogs, hearing dogs or dogs trained to provide assistance to the handicapped (and police work dog) No dog limit exemption for service animals NOTL 2025-07 No exceptions to dog limit Only sterilized/non-sterilized pricing on licence application form St. Catharine's 1955-203, as amended s. 18(f) no licence fee for “guide dog providing the dog is used solely for the purpose of assisting persons who are blind or physically challenged” s for an to apply Council person a 23.2 may exemption to keep more than 3 dogs in or about a dwelling working unit where those dogs are or service dogs. Wainfleet BL-014-2016 No charge for licence for service dogs No dog limit exemption for service animals Page 6 of 9 Page 393 of 547 Pelham 69-2024 No reference to service animals in bylaw regarding licencing or limit Fort Erie S 5(21) no fee for licencing service animal No exemption on dog limit for service dogs Thorold 79-2017 S4.1.9 – licencing provisions do not apply to service animal No exception to number of dogs unless a written exemption has been granted Grimsby 10-06, as amended No exceptions to dog limit or licence fee found in bylaw or licence fee schedule Oakville 2018-006 Exemptions: bylaw does not apply to service animal which a by animal “an trained defined is as recognized school for service as a guide dog for the blind or visually impaired, a guide dog for the deaf or hearing impaired, or special skills dog for other persons with a disability” Scugog 85-08 S 2.11 exempt if you can prove it’s a service dog defined as “shall mean a dog for a person with a disability, pursuant to section 80.45 (4) of O. Reg. 191/11 under the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, and shall include Special Needs Dogs as defined in this By- Law. S 5.2.4 Nothing in this By-Law shall apply to restrict a person from adding a service dog to a household provided the the owner produces evidence to Township showing that the dog is a Service Dog as defined in this By-law. NOTE: It’s worth mentioning that the limit in Scugog is two (2) dogs, not three (3) as in other cities (s 5.2.1) No household shall keep more than two (2) Dogs. Waterloo 09-047 Schedule E s11 No person shall at any time, in any one location, keep or harbour more than three (3) dogs of any age with the exception of guide dogs and hearing ear dogs. “hearing ear dog” means a dog that is trained to aid the hearing impaired and actively used for such purposes “guide dog” means a dog that is trained as a guide for a blind person or to assist a disabled person and actively used for such purposes; Page 7 of 9 Page 394 of 547 To conclude, staff and the SPCA support the proposed waiver of the yearly licensing fee for a registered Service Dog within the City of Niagara Falls, to ensure that those that require aid from a Service dog are provided with some financial relief. In addition, staff and the SPCA respectfully request that changes to the number of dogs per dwelling remain at the current set limit of three (3) to ensure that the number of dogs within a dwelling is limited to a maintainable, and manageable quantity of dogs to avoid negative neighbourhood impacts and ensure the animals welfare, and safety is a priority. Lastly, staff and the SPCA do not support the change to the definition of Service Dog to service animal as the proposed definition does not specify that the service animal must adhere to both conditions i.e.: being easily identifiable as relating to your disability - you can provide documentation from a regulated health professional confirming the animal is required due to a disability. This change in definition will also have a negative ripple effect on the remaining sections of the by-law and could result in further changes need to other by-laws. Operational Implications and Risk Analysis Challenges in Ensuring Compliance and Enforcement Compliance and enforcement with the proposed definition change to service animal and the increase in the number of dogs presents challenges. First and foremost is neighbourhood property enjoyment. By allowing a significant number of dogs on one property could lead to complaints related to other by-law matters such as excessive barking, feces and property standards, abuse, aggression etc. Secondly, the definition currently proposes that identification is one way to identify a service dog and anyone can purchase a vest online which will effectively neutralize the officer’s ability to ensure the dog is in fact a service dog. Lastly, our enforcement staff ability to monitor each property and obtain all required documentation in the field for the extra animals, would be extremely time consuming and additional staff would be required. Financial Implications/Budget Impact The administration of the existing By-law would be done through the existing By-law staff compliment. Changes to the number of dogs per dwelling unit and changes to the definition could lead to more resources being required. Strategic Plan Pillars Page 8 of 9 Page 395 of 547 Written by: Kira Dolch, General Manager, Planning, Building & Development Submitted by: Status: Kira Dolch, General Manager, Planning, Building & Development Approved - 22 May 2025 Jason Burgess, CAO Approved - 22 May 2025 Page 9 of 9 Page 396 of 547 CS-2025-33 Clerks Report Report to: Mayor and Council Date: May 27, 2025 Title: Licence Appeal Committee Terms of Reference Recommendation(s) THAT Council APPROVE the Terms of Reference for the Licence Appeal Committee; and THAT Council RECEIVE the report for information. Executive Summary In accordance with section 9 of By-law 2021-057, a by-law to regulate and licence Vacation Rental Unit (hereafter, VRU) and Bed and Breakfast Establishments (hereafter, B&B) in Niagara Falls, Council must establishment a Licence Appeal Committee to render decisions regarding the refusal, revocation or suspension of VRU and B&B licences. Staff have assembled a Terms of Reference for Council to approve and are notifying Council that applications for the Committee are currently open and will remain open until 11:59PM on June 9, 2025. Background The Licencing Appeals Committee is an all-citizens committee appointed by Council to conduct hearings of appeals under the City of Niagara Falls By-law 2021-57 regarding the regulation of VRUs and B&Bs. Council will be asked to appoint (up to) seven (7) members of the public to sit on this committee at a later date. Committee members will be called upon on an as needed basis when appeals are received. The Terms of Reference for the Licence Appeal Committee is attached for Council's review and approval. The Clerks department will oversee the procedure and process of the meetings, contacting members, creating agendas and publishing final decisions. The decision of the committee are final. Page 1 of 4 Page 397 of 547 Strategic Plan Pillars List of Attachments Attachment 1 - Terms of Reference - Licencing Appeals Committee Written by: Margaret Corbett, Deputy City Clerk Submitted by: Status: Bill Matson, City Clerk Approved - 23 May 2025 Shelley Darlington, General Manager of Corporate Services Approved - 26 May 2025 Jason Burgess, CAO Approved - 26 May 2025 Page 2 of 4 Page 398 of 547 Licencing Appeals Committee Terms of Reference May 2025 Introduction The Licencing Appeals Committee is an all-citizens committee appointed by Council to conduct hearings of appeals under the City of Niagara Falls By-law 2021-57 regarding the regulation of Vacation Rental Units (hereafter, VRU) and Bed and Breakfast (hereafter, B&B) establishments. Mandate The Licensing Appeal Committee conducts hearings to render decisions regarding the refusal, revocation or suspension of a VRU and/or B&B licences, and the imposing of Terms and Conditions on a licencee. Membership Composition The committee will be composed of a minimum of three and a maximum of seven members with membership preference given to those with backgrounds in law, academics, enforcement and/or industry stakeholders. Members should have knowledge and understanding of the Municipal Act, interpretation of legislation, and proven analytical and decision-making skills. Members should also have experience working on a committee, administrative tribunal, task force or similar setting. The Committee shall not include any individual who is a current VRU and/or B&B licence holder with the City of Niagara Falls. When an appeal has been filed only three of the seven members of the Committee shall comprise the Committee for the purpose of reviewing and considering the appeal. The Clerk shall determine the selection of the three sitting members of the Committee from the pool of members based on availability. Term The term of the Committee shall be concurrent with the term of Council. Committee chair The Committee members shall select a Chair from one of its sitting members at the first meeting. Privacy Page 3 of 4 Page 399 of 547 The Licensing Appeals Committee meetings are public. Members should be aware that their names will be in the public realm and a list of membership may be provided when requested. Member information, other than name or municipality, will be kept confidential under the Municipal Freedom of Information and Protection of Privacy Act. Any questions regarding Privacy may be directed to the Clerk’s Department. Staff support Clerk's office staff will provide administrative support to the Committee. Compensation Members shall receive an honorarium of $75 for meetings held to consider licence appeal applications. Members will be paid mileage from their place of residence to the meeting location for any other meetings. Meetings The Appeals Committee shall conduct its meetings on an as-required basis and in public. The Committee shall conduct its meetings under the Rules of Practice and Procedure for the Licensing Appeals Committee and the Statutory Powers Procedures Act, with modifications as needed. Conflicts Committee members shall comply with the Municipal Conflict of Interest Act. They shall disclose a pecuniary interest in advance of any meeting, where possible. If not, they shall absent themselves from meetings for the time of the consideration of the appeal, discussion and voting on the matter. In the event a member discloses a pecuniary interest respecting the appeal in advance of the meeting, the Clerk shall select another member to replace them on the Committee. Practices and procedures The Clerk shall establish administrative practices and procedures for the Committee. Decisions The Notice of Decision are final and will be posted to the City website by the Clerk’s department. Review These Terms of Reference are to be reviewed upon the commencement of the next term of Council. Page 4 of 4 Page 400 of 547 CS-2025-29 Finance Report Report to: Mayor and Council Date: May 27, 2025 Title: 2024 Water/Wastewater Fund Budget to Actual Variance (Unaudited) Recommendation(s) THAT Council RECEIVE the Water/Wastewater Fund Budget to Actual Variance report for the year ended December 31, 2024. Executive Summary This report is intended to provide Council with information and details pertaining to the 2024 budget to actual variance results for the year ended December 31, 2024 for both the Water Fund and the Wastewater Fund. Within attachments 1 and 2, if there is a note number notation to the right of the variance column, there is a corresponding explanation to that note number located in the analysis section of this report. Please refer to this report in conjunction with the attachments. Background Council has expressed a desire to view actuals in conjunction with the budget. One goal of the Finance department is to provide Council with regular, quarterly budget variance reports. Staff have prepared the unaudited 2024 budget to actual results for both the Water Fund and the Wastewater Fund. Analysis WATER FUND (FUND 15) Attachment 1 contains the Water Fund 2024 budget to actual variance. The subsequent notes correspond to the statement in Attachment 1. Revenues 1. Sales has an unfavourable variance of $85,400 or 38% at year end primarily attributable to supplier delays in Water Meters and Radio Reads. These delays resulted in a backlog of orders, continuing to contribute to the unfavorable variance. It is anticipated that the backlog from 2024 will be resolved and realized in 2025, mitigating the impact on future variances. Page 1 of 11 Page 401 of 547 2. User fees had an overall favourable variance of $1,310,000 or 4.9% at year end that is broken down as follows: Water Volumetric Charges budget of $15,797,902, actuals $16,948,955 resulting in a favourable variance of $1,151,053. Specifically the water volumetric charges were calculated using 5 years of average consumption plus 0.5% growth, leading to an estimated budget of $15,797,902 (11,334,149 m³ x $1.394 water rate). The City’s estimated billed consumption in 2024 stood approximately at 12,158,504 m³, yielding a favorable consumption variance of 824,355 m³ or $1,151,053. Additional costs also arose from increased variable consumption due to additional water being purchased from the Region, see Volumetric Regional Charges #8. Water Fixed Charges budget of $10,531,934, actuals $10,602,711 resulting in a favourable variance of $70,777. Other User Fees budget $586,000, actuals $673,963 resulting in a favourable variance of $87,963. 3. From Special Purpose Reserves has an unfavourable variance of $65,000 due to a placeholder for Tenant balance write offs funded by the Water Rate Stabilization reserve, since the water fund is in a surplus position, there is no transfer from the stabilization reserve needed. 4. From Development Charges has an unfavourable variance of $590,000 due to DC debt charge recovery placeholders of $672,670 as outlined below where only about $83,000 was realized during the year with the late issue of the watermain loop debenture: MS64-23 Montrose/Bigger/Reixinger Road Reconstruction $115,731 and W62-21 Reixinger Watermain loop and Hospital Servicing $556,939. There is a corresponding variance offset adding together the variance in Debt Charges and To Capital SPR (DC Debt Placeholder). Expenses 5. Labour, Benefits and Overtime had a favourable variance of $386,000 or 10.4% in the Water Fund and a favourable variance of $137,000 or 6.2% in the Wastewater fund at year end. The budgeting process estimates labour allocation between water, wastewater and storm (levy budget) based on expected needs and department distribution. However, unforeseen water main breaks or complications can shift the allocation. The cumulative variance for labour, benefits, and overtime between the water and wastewater funds is favorable at Page 2 of 11 Page 402 of 547 $523,000 however there is an unfavourable variance in the Storm Sewer cost centre in the Levy budget of $34,000 resulting in a total favourable variance of $489,000 between water, sewer and storm at year end driven mainly by vacancies and gapping. 6. Materials has an unfavourable variance of $388,000 or 36.5%. This is driven by an increase in material costs. In addition the City has been catching up on legacy restorations as COVID caused delays, this resulted in an increase in aggregate and asphalt costs from a few large restorations. While the budget for this line is based on historic trends, actual figures often deviate from the budgeted amounts due to uncertainties. 7. Professional Development has an unfavourable variance of $13,000 or 35.5%. This is driven by legislative training requirements and catchup from the COVID impacted years. 8. Contracted Services has an unfavourable variance of $814,000 or 5.5% at year end. As noted in #2 above volumetric water purchases from the Region increased due to an increase in volumetric water charge revenue. In addition there was a higher than anticipated demand of locate services in 2024.The variance can be broken down as follows: Regional Volumetric Purchases budget of $9,699,737, actuals $10,407,050 resulting in an unfavourable variance of $707,313 System Maintenance - Locates budget of $770,000, actuals $843,000 resulting in an unfavourable variance of $73,000 Other Contracted Services Items budget of $886,000, actuals $919,231 resulting in an unfavourable variance of $33,231 9. To Special Purpose Reserves has an unfavourable variance of $676,000 due to final year end reserve transfers. The water fund was in a surplus position of $323,000 at the end of 2024. In addition, the accumulated surplus for water for the year ending December 31, 2023 was $647,000 which is higher than necessary. As a result staff have transferred $6,000 to the risk management stabilization reserve and $670,000 to the Water Rate Stabilization Reserve leaving an accumulated surplus balance of $300,000 at December 31, 2024 for water. WASTEWATER FUND (FUND 16) Attachment 2 contains the Wastewater Fund 2024 budget to actual variance. The notes below correspond to the statement in Attachment 2. Page 3 of 11 Page 403 of 547 Revenue 10. User fees had a favourable variance of $839,000 or 2.6% mainly to due to sewer volumetric charges. This increase is largely attributed to a 6.7% reduction in precipitation in 2024 compared to 2023, resulting in greater water consumption and higher corresponding wastewater volumes. The drier conditions led to increased residential and commercial usage, positively impacting water and wastewater revenues. This variance can be broken down as follows: Sewer Volumetric Charges budget of $18,972,502, actuals $19,857,426 resulting in a favourable variance of $884,924 Sewer Fixed Charges budget of $12,648,334, actuals $12,612,466 resulting in an unfavourable variance of $35,868 User Fees budget of $263,000, actuals $253,229 resulting in an unfavourable variance of $9,771 11. Transfers from Special Purpose Reserves (SPRs) was budgeted for $250,000 to offset budgeted spending in contracted services/external transfers; $200,000 for Weeping Tile Removal and $50,000 for Local Drainage Assist Program as the City has reserves for these items. Transfers from SPRs have been done for any costs incurred in 2024 related to these programs as follows: Weeping Tile Removal budget of $200,000, actuals $199,792 resulting in a favourable variance of $208 Local Drainage Assist Program budget of $50,000, actuals $0 resulting in a favourable variance of $50,000 In addition, there is an unfavourable variance of $65,000 due to a placeholder for Tenant balance write offs funded by the Wastewater Rate Stabilization reserve and an unfavourable variance $500,000 to partially mitigate the region's increase. Since the wastewater fund is in a surplus position, there are no transfers from the stabilization reserve required. 12. From Development Charges has an unfavourable variance of $276,000 due to DC debt charge recovery placeholder for MS64-23 Montrose/Bigger/Reixinger Road Reconstruction $276,005. There is a corresponding favourable variance offset in To Capital SPR (DC Debt Placeholder). Page 4 of 11 Page 404 of 547 Expenses 13. Materials had a favourable variance of $113,000 or 39.2%. While the budget for these items is based on historical trends, actual figures often deviate from the budgeted amounts due to uncertainties. 14. WSIB had an unfavourable variance of $18,000 or 45.7%. The WSIB budget is based on historical trends, actual figures often deviate from the budgeted amounts due to uncertainties of WSIB claims. 15. Contracted Services had a favourable variance of $365,000 or 1.6% at year end. This is primarily due to higher than anticipated leachate credits under fixed regional charges, underspending in utility locates, lower than anticipated emergency repairs in 2024 under sanitary systems maintenance and sanitary systems research & development. The variance can be broken down further as follows: Leachate Credit budget of $(300,000), actuals $(237,212) resulting in an unfavourable variance of $62,788 Sanitary System Maintenance budget of $1,624,000, actuals $1,279,137 resulting in a favourable variance of $344,863 Sanitary System R&D budget of $300,000, actuals $216,892 resulting in a favourable variance of $83,108 16. External Transfers had a favourable variance of $170,000. External Transfers contains the budget for the 2024 Weeping Tile Assistance program (WRAP). This is offset by partial funding from the transfer from the Special Purpose Reserve outlined in item #10. 17. To Special Purpose Reserves has an unfavourable variance of $1,096,469 due to final year end reserve transfers. The wastewater fund was in a surplus position of $1,035,000 at the end of 2024. In addition, the accumulated surplus for water for the year ending December 31, 2023 was $337,000 which is higher than necessary. As a result staff have transferred $23,000 to the risk management stabilization reserve and $1,072,000 to the Wastewater Rate Stabilization Reserve leaving an accumulated surplus balance of $300,000 at December 31, 2024 for water. Operational Implications and Risk Analysis The City has rebounded from the low levels of consumption due to COVID, in 2024 the City experienced a drier summer season than 2023 with a 6.7% decrease in precipitation that resulted in a increase in Water consumption. This resulted in a favourable variance in volumetric water charges. Water and wastewater flows are Page 5 of 11 Page 405 of 547 weather dependent, creating volatility in water consumption and directly impacting the variable portion of the water/wastewater billed to customers. Financial Implications/Budget Impact This report is financial in nature with details throughout. Financial implications regarding variances have been communicated above in the analysis section. Noting the above mentioned reserve transfers in items #9 and #17, the December 31, 2024 ending Special Purpose Reserve Balances are as follows: SPR 231 Water Rate Stabilization - $2,181,550  Total Expenses of the water fund in 2025 were budgeted as $29,481,441 with Operating Expenses (Total Expenses less debt, internal transfers and indirect costs) totaling $21,359,145. If we consider having a rate stabilization reserve target of 10-15% of annual Operating Expenses, the above mentioned SPR balance is sufficient to cover 10% of the Operating Expenses. SPR 160 Wastewater Rate Stabilization - $5,884,178  Total Expenses of the wastewater fund in 2025 were budgeted as $38,384,938 with Operating Expenses (Total Expenses less debt, internal transfers and indirect costs) totaling $30,440,053. If we consider having a rate stabilization reserve target of 10-15% of annual Operating Expenses, the above mentioned SPR balance is sufficient to cover more than 15% (19.3%) of the Operating Expenses. Strategic/Departmental Alignment This report is consistent with the following Council strategic commitments:  To be financially responsible to the residents of Niagara Falls by practicing prudent fiscal management of existing resources, and by making sound long-term choices that allow core City programs and services to be sustainable now and into the future.  To be efficient and effective in our delivery of municipal services and use of resources, and accountable to our citizens and stakeholders. Strategic Plan Pillars Sustainability - Financial Effectively managing the City’s financial resources to meet our current and future obligations without relying on external funding sources or sacrificing our ability to deliver essential services to our residents . Page 6 of 11 Page 406 of 547 List of Attachments CS-2025-29 Attachment 1 – 2024 Water Fund Budget to Actual Comparison (unaudited) CS-2025-29 Attachment 2 – 2024 Wastewater Fund Budget to Actual Comparison (unaudited) Written by: Sebastian Zukowski, Senior Financial Analyst Tiffany Clark, Director of Finance Submitted by: Status: Tiffany Clark, Director of Finance Approved - 16 May 2025 Shelley Darlington, General Manager of Corporate Services Approved - 20 May 2025 Jason Burgess, CAO Approved - 20 May 2025 Page 7 of 11 Page 407 of 547 Attachment 1 - 2024 Water Fund Budget to Actual Variance (unaudited)CS-2025-29 May 27, 2025 Annual Budget Actuals (Over)/ Under Budget Variance (Over)/ Under 2024 2024 $ % REVENUES Penalties 62,700 69,126 (6,426) (10.2%) Sales 225,000 139,599 85,401 38.0%[1] User Fees 26,915,836 28,225,629 (1,309,793) (4.9%)[2] Miscellaneous Revenue 27,203,536 28,434,354 (1,230,818) (4.5%) From Special Purpose Reserves 65,000 0 65,000 100.0%[3] From Development Charges 672,670 82,688 589,982 87.7%[4] Internal Transfers 737,670 82,688 654,982 88.8% TOTAL REVENUE 27,941,206 28,517,041 (575,835) (2.1%) 2024 Year End Budget to Actual Comparison WATER FUND Page 8 of 11 Page 408 of 547 Attachment 1 - 2024 Water Fund Budget to Actual Variance (unaudited)CS-2025-29 May 27, 2025 Annual Budget Actuals (Over)/ Under Budget Variance (Over)/ Under 2024 2024 $ % 2024 Year End Budget to Actual Comparison WATER FUND EXPENSES Labour 2,812,007 2,497,060 314,947 11.2% Employee Benefits Allocation 849,465 769,804 79,661 9.4% Overtime 65,000 73,656 (8,656) (13.3%) Labour and Benefits 3,726,472 3,340,521 385,951 10.4% [5] Conferences/Conventions 3,000 1,076 1,924 64.1% Insurance Premiums 191,007 178,058 12,949 6.8% Materials 1,063,600 1,451,309 (387,709) (36.5%)[6] Software Costs 87,400 83,210 4,190 4.8% Office Supplies 12,500 13,580 (1,080) (8.6%) Professional Development 37,500 50,809 (13,309) (35.5%)[7] WSIB 30,000 37,690 (7,690) (25.6%) Materials 1,425,007 1,815,732 (390,725) (27.4%) Electricity 500 475 25 5.0% Utilities 500 475 25 5.0% Contracted Services 1,656,000 1,762,231 (106,231) (6.4%) Volumetric Regional Charges 9,699,737 10,407,050 (707,313) (7.3%)[2] Fixed Regional Charges 3,336,284 3,336,284 0 0.0% Contracted Services 14,692,021 15,505,565 (813,544) (5.5%) [8] Rents and Financial Expenses 318,820 323,529 (4,709) (1.5%) Long Term Interest 147,933 230,620 (82,687) (55.9%) Long Term Debt Principal 184,190 184,190 (0) (0.0%) Debt Charges 332,123 414,811 (82,688) (24.9%) [4] Internal Rent 492,414 506,118 (13,703) (2.8%) Indirect Costs 147,247 147,247 0 0.0% Interdepartmental Transfers 0 (339) 339 0.0% To Capital SPR 6,105,000 6,105,000 0 0.0% To CSPR (Debt Placeholder) 28,932 28,932 0 0.0% To CSPR (DC Debt Placeholder) 672,670 0 672,670 100.0%[4] To SPR 0 676,479 (676,479) 0.0%[9] Internal Transfers 7,446,263 7,463,436 (17,173) (0.2%) TOTAL EXPENSES 27,941,206 28,864,068 (922,862) (3.3%) (Surplus)/Deficit 0 347,027 (347,027) Page 9 of 11 Page 409 of 547 Attachment 2 - 2024 Wastewater Fund Budget to Actual Variance (unaudited)CS-2025-29 May 27, 2025 Budget Actuals (Over)/ Under Budget Variance (Over)/ Under 2024 2024 $ % REVENUES Penalties 69,300 90,548 (21,248) (30.7%) User Fees 31,883,836 32,723,121 (839,285) (2.6%)[10] Miscellaneous Revenue 31,953,136 32,813,669 (860,533) (2.7%) From Special Purpose Reserves 815,000 199,792 615,208 75.5%[11] From Development Charges 1,043,891 767,886 276,005 26.4%[12] Internal Transfers 1,858,891 967,679 891,212 47.9% TOTAL REVENUE 33,812,027 33,781,348 30,679 0.1% 2024 Year End Budget to Actual Comparison WASTEWATER FUND Page 10 of 11 Page 410 of 547 Attachment 2 - 2024 Wastewater Fund Budget to Actual Variance (unaudited)CS-2025-29 May 27, 2025 Budget Actuals (Over)/ Under Budget Variance (Over)/ Under 2024 2024 $ % 2024 Year End Budget to Actual Comparison WASTEWATER FUND EXPENSES Labour 1,660,952 1,528,026 132,926 8.0% Employee Benefits Allocation 500,549 464,021 36,528 7.3% Overtime 39,000 71,223 (32,223) (82.6%) Labour and Benefits 2,200,501 2,063,269 137,232 6.2% [5] Insurance Premiums 235,108 192,728 42,380 18.0% Materials 289,000 175,782 113,218 39.2%[13] Office Supplies 150 58 92 61.6% Professional Development 10,000 1,058 8,942 89.4% WSIB 40,000 58,281 (18,281) (45.7%)[14] Materials 574,258 427,906 146,352 25.5% Electricity 2,900 3,390 (490) (16.9%) Utilities 2,900 3,390 (490) (16.9%) Contracted Services 1,924,000 1,487,816 436,184 22.7% Fixed Regional Charges 20,272,624 20,343,625 (71,001) (0.4%) Contracted Services 22,196,624 21,831,442 365,182 1.6% [15] Rents and Financial Expenses 153,500 169,409 (15,909) (10.4%) External Transfers 350,000 180,384 169,616 48.5% [16] Long Term Interest 317,142 317,142 0 0.0% Long Term Debt 782,868 782,868 0 0.0% Debt Charges 1,100,010 1,100,010 0 0.0% Internal Rent 241,981 230,676 11,305 4.7% Indirect Costs 147,247 147,247 0 0.0% To Capital SPR 6,500,000 6,500,000 0 0.0% To CSPR (Debt Placeholder) 69,001 69,001 0 0.0% To CSPR (DC Debt Placeholder) 276,005 0 276,005 100.0%[12] To SPR 0 1,096,469 (1,096,469) 0.0%[17] Internal Transfers 7,234,234 8,043,393 (809,159) (11.2%) TOTAL EXPENSES 33,812,027 33,819,203 (7,176) (0.0%) (Surplus)/Deficit 0 37,856 (37,856) Page 11 of 11 Page 411 of 547 1 Heather Ruzylo From: info@azerbaijanhouse.ca <info@azerbaijanhouse.ca> Sent: Wednesday, May 14, 2025 11:33 AM To: Emily Tropea <etropea@niagarafalls.ca> Cc: Heather Ruzylo <hruzylo@niagarafalls.ca>; William Matson <billmatson@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca> Subject: Re: [EXTERNAL]-Flag Raising - Azerbaijan Independence Day Thank you Emily for your quick responce. We will appriciate if we can have short ceremony.3.30 om on May 28 th works good for us. Do you know when is the earlies you can let us know so we can inform some community members Thanks, Lalin On 2025-05-14 11:23, Emily Tropea wrote: Good morning Heather & Bill, Please see below flag raising request. Please confirm it will be on the Tues May 27th Council Agenda for consideration. Lalin - Are you looking to have a ceremony, or, would you like for us (City Hall) to simply raise the flag and send you a photo? If a ceremony is requested with the Mayor, the only time we could accommodate that day is 3:30pm as the rest of the day has been booked. I have the time held for you in the meantime. Thank you, Emily Emily Tropea | Executive Assistant | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 5101 | etropea@niagarafalls.ca From: info@azerbaijanhouse.ca <info@azerbaijanhouse.ca> Sent: Wednesday, May 14, 2025 10:41 AM To: Emily Tropea <etropea@niagarafalls.ca> Cc: Kristine Elia <kelia@niagarafalls.ca> Subject: [EXTERNAL]-Flag Raising - Azerbaijan Independence Day Dear Emily Tropea, Hope you are doing well. Wanted to ask can we organise Azerbaijan Flag Raising with the Mayor Participation on May 28 th? Page 412 of 547 2 Sincerely, Lalin Hasanova 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 413 of 547 1 Heather Ruzylo Subject: Nikola Tesla Day Festival - July 12, 2025 - Specific Location Daily Sales Licence Application From: Nikola Tesla Day Festival <nikolatesladayfestival@gmail.com> Sent: Monday, May 12, 2025 11:03 PM To: William Matson <billmatson@niagarafalls.ca> Subject: Re: Nikola Tesla Day Festival - July 12, 2025 - Specific Location Daily Sales Licence Application Subject: Request for “Letter of Municipal Significance” – Tesla Fest 2025 (July 12) Dear Bill, I hope you're doing well. As per your instructions, I would like to formally request that the City Council declare Nikola Tesla Festival (Tesla Fest) 2025 an event of municipal significance to fulfill the AGCO requirement for a Special Occasion Permit allowing the sale, service, and consumption of alcohol. Event Name: Nikola Tesla Festival Date & Time: Saturday, July 12, 2025 – 6:00 PM to 11:00 PM Location: Oakes Garden Theatre, 5825 River Rd, Niagara Falls, ON Event Description: Tesla Fest 2025 is a public cultural and educational event celebrating the life and legacy of inventor Nikola Tesla. The evening program at Oakes Garden Theatre will feature live music, artistic performances, food vendors, science and technology exhibits, and a fireworks display. This celebration is open to the general public, with tickets available for purchase. I kindly ask that this request be placed on the agenda for the upcoming City Council meeting on Tuesday, May 27, 2025. Please let me know if you require any additional information. Thank you very much for your time and support. Sincerely, Borislav Zivkovic Director, Nikola Tesla Day Festival 905-321 8201 nikolatesladayfestival@gmail.com Page 414 of 547 Request for Municipal Significance Niagara Falls Ribfest May 19, 2025 Organization: Niagara Falls Ribfest Contact Person: Erik Dickson Contact Address: 4119 Queen Victoria Street, Jordan Station, L0R1S0 Contact Phone: 289 407 2074 Contact Email: indoorshoes@gmail.com Name of Event: Niagara Falls Ribfest Event Dates: June 13-15, 2025 Event Summary: Niagara Falls Ribfest Niagara Falls Ribfest is a three-day event that will take place in Niagara Falls at the Fallsview Event Grounds at 6727 Stanley Avenue, a property owned and maintained by the Fallsview Group, adjacent to the Niagara Falls Convention Centre. The event will feature nearly a dozen different food vendors, with the addition of high level live music entertainment with something for all music tastes. This free event aims to carry forward the tradition of the Rotary Club of Niagara Falls, who organized and hosted Niagara Falls Ribfest for two decades in support of local community organizations. When the decision was made to not continue running this event, the owners of Billy Bones BBQ - a locally owned rib truck - decided to step forward and continue this event in Niagara Falls. A commitment of over $60,000 has been made to ensure the proper infrastructure, high level production and exciting live entertainment are in place for this highly anticipated local event. We anticipate a daily attendance of approximately 5000 people per day, with a majority of guests coming from the municipality and surrounding area, with a smaller percentage visiting from outside of the region. With the event taking place over Father’s Day weekend, we believe there will be an opportunity to capture some out of market attendees who may be visiting Niagara Falls for the weekend. Overall, a goal of this event is to provide a high-quality, family friendly event for those from the municipality. In addition to an exciting food event, Niagara Falls Ribfest will feature a dynamic live music lineup, beginning with a throwback style Friday night kickoff concert - with bands Back In The 80s and Xprime. The event’s marquee concert will take place on Saturday, with Canadian rock legend David Wilcox as the headliner. Support will feature local artists Gravely and Riley Page 415 of 547 Michaels. Sunday’s live entertainment will be provided by local favourites Avenue Inn and The Feverish Lemons. Niagara Falls Ribfest aims to continue this annual summer tradition for the members of the Niagara Falls community, while also strengthening the local events calendar. The popularity of this event over the years, combined with a slightly new approach to entertainment and marketing, are sure signs of a successful event that the municipality can continue to be proud of. In recognition of its expected cultural and economic contributions, we respectfully submit this event for consideration as a Municipally Significant Event by the City of Niagara Falls and the Niagara Region. For further information or supporting documentation, please do not hesitate to contact us. Respectfully, Erik Dickson indoorshoes@gmail.com 289 407 2074 Attached: Event Site Plan Page 416 of 547 Noise Bylaw Exception Request Name: Erik Dickson - Event Organizer / Niagara Falls Ribfest Name of Event: Niagara Falls Ribfest Dates: June 13-15, 2025 Exemption Being Sought: Noise By-Law Exemption for amplified sound until 10:00pm on Saturday, June 14th Niagara Falls Ribfest will take place at the Fallsview Event Grounds at 6727 Stanley Avenue, Niagara Falls. Niagara Falls Ribfest will carry on the annual tradition that had been previously organized by the Rotary Club of Niagara Falls. With the support of the Fallsview Group, the event will be organized by the owners of Billy Bones BBQ. The event aims to bring the community together around a shared enjoyment of delicious food and live music. This year’s edition will feature Canadian rock legend David Wilcox on the evening of Saturday, June 14th, along with support from local artists Gravely and Riley Michaels. Additional live music entertainment will be provided courtesy of bands Born In The 80s, Xprime, Avenue Inn and Feverish Lemons. Continuing the tradition of previous Rotary Club Ribfest events, Niagara Falls Ribfest will be free admission and open to guests of all ages. Niagara Falls Ribfest has secured the services of Production Service Industries (PSI), a local production company that works closely with the OLG Stage, along with a variety of other local venues, events and festivals. The event’s marquee concert with David Wilcox will run until 9:30pm, hence the noise by-law exemption request. If you require any further information about this event, please don't hesitate to get in touch. Respectfully, Erik Dickson indoorshoes@gmail.com 289 407 2074 Page 417 of 547 1 Heather Ruzylo From: Christian Heritage Month Communications <christianheritagemonth@gmail.com> Sent: Thursday, May 22, 2025 5:54 PM To: Emily Tropea <etropea@niagarafalls.ca> Cc: mark@thegatechurch.ca <mark@thegatechurch.ca> Subject: [EXTERNAL]-Subject: Schedule Request for Christian Heritage Month Flag Raising Ceremony 2025! Hello dear Emily Tropea / City Council Office, I hope this message finds you well. Sam Kunjicka here from the Christian Heritage Month Foundation. I'm am writing to discuss the possibility of scheduling the Flag Raising Ceremony for Christian Heritage Month in December this year . We would like to coordinate this event at a convenient time for all Councillors and the Mayor, ensuring that they can attend and join us in celebrating this important occasion. Additionally, we would like to collaboratively plan this ceremony with local Christian leaders and churches in Niagara Falls as their involvement is vital to the success of this event. Could you please let us know what date in December, 2025 might work best for the city to host this ceremony? We are flexible and eager to accommodate the schedules of your city representatives. Thank you very much for your assistance and support. We look forward to your reply. Warm regards, Sam Kunjicka Director Christian Heritage Month Foundation christianheritagemonth@gmail.com 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 418 of 547 1 Heather Ruzylo To:William Matson Subject:RE: POSSIBLE SPAM [EXTERNAL]-“Request for Noise By-law Exemption – Pool Party on July 20, 2025” -----Original Message----- From: Sloan Vitale < Sent: Sunday, May 4, 2025 1:22 PM To: Clerk <clerk@niagarafalls.ca> Subject: POSSIBLE SPAM [EXTERNAL]-“Request for Noise By-law ExempƟon – Pool Party on July 20, 2025” Noise By-law ExempƟon Request To: City Clerk's Office City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 From: Sloan Vitale 3663 Wilshire Boulevard Niagara Falls, ON L2J 3E5 Date: [Insert Today’s Date] Subject: ApplicaƟon for Noise By-law ExempƟon – July 20, 2025 Dear City Clerk, My name is Sloan Vitale, and I am wriƟng to formally request an exempƟon from the City of Niagara Falls Noise By-law for a private outdoor event taking place at my residence. Event Details: - Type of Event: Neon-themed summer pool party - LocaƟon: 3663 Wilshire Boulevard, Niagara Falls, ON - Date of Event: Sunday, July 20, 2025 - Time of Event: 6:00 PM to 11:00 PM - Requested Noise ExempƟon Time: 9:00 PM to 11:00 PM - Noise Source: 1–2 small JBL Bluetooth speakers - EsƟmated AƩendance: 20–30 people - Alcohol: No alcohol will be served or sold - Neighbour NoƟficaƟon: I will inform surrounding neighbors in advance with a flyer Noise MiƟgaƟon Plan: Page 419 of 547 2 - Speakers will be posiƟoned away from neighboring homes and directed toward the pool area - Volume will be reduced aŌer 10:30 PM - All guests will remain on my property, and I will monitor the perimeter throughout the event - No microphone or announcements will be used aŌer 9:00 PM - All music will stop by 11:00 PM sharp I am happy to comply with any reasonable condiƟons and truly appreciate your consideraƟon. Please don’t hesitate to contact me at if you require more informaƟon. Thank you for your Ɵme, Sloan Vitale ~~~~~ This is a student email account managed by Niagara Catholic District School Board. The contents of this email are governed by the laws of the province and the board policies of the school district. CAUTION: This email originated from outside of the organizaƟon. Do not click links or open aƩachments unless you recognize the sender and know the content is safe. Page 420 of 547 Department of Administration 1593 Four Mile Creek Road P.O. Box 100, Virgil, ON L0S 1T0 905-468-3266 • Fax: 905-468-2959 www.notl.com SENT ELECTRONICALLY May 7, 2025 Regional Municipality of Niagara 1815 Sir Issac Brock Way, Box 1042 Thorold ON L2V 4T7 Attention: Ann-Marie Norio, Regional Clerk Dear Ms. Norio: RE: Niagara’s International Agricultural Workers (IAW) Please be advised the Council of The Corporation of the Town of Niagara-on-the Lake, at its regular meeting held on April 29, 2025, approved the following resolution: WHEREAS Public Health Inspectors protect the health and safety of Niagara’s International Agricultural Workers (IAW) to ensure compliance with provincial/federal regulations/guidelines and to protect and promote the health and well-being of our IAW; and WHEREAS the Region of Niagara plans to move towards an approval inspection fee model in 2026 for program cost recovery purposes; and WHEREAS public health inspection costs are not borne directly by other sectors such as food establishment; and WHEREAS with the current tariff environment, impacting the security of our food supply network, impacts the stress of sustainability of food production; THEREFORE BE IT RESOLVED that Council approve the recommendation of the Agricultural Committee: “That the Agricultural Committee request Council to inform the Niagara Region that they are opposed to the $250.00 migrant workers home inspections, and the cost should be borne by the Niagara Region”; and BE IT FURTHER RESOLVED that this motion be sent to the Region, the Niagara Area Municipalities and our provincial and federal representatives. Page 421 of 547 If you have any questions or require further information, please contact my office at 905-468-6488. Sincerely, Grant Bivol Town Clerk/ Manager of Legislative Services c.c. MPP Wayne Gates - wgates-co@ndp.on.ca MP Tony Baldinelli - Tony.Baldinelli@parl.gc.ca All local area municipalities with the Region of Niagara Page 422 of 547 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca CL 6-2025, April 24, 2025 PEDC 3-2025, April 9, 2025 PDS 8-2025, April 9, 2025 May 8, 2025 Distribution list SENT ELECTRONICALLY Development Applications Monitoring Report – 2024 Year End PDS 8-2025 Regional Council, at its meeting held on April 24, 2025, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 8-2025, dated April 9, 2025, Development Applications Monitoring Report – 2024 Year End, BE RECEIVED and BE CIRCULATED to Local Area Municipalities, Niagara Peninsula Conservation Authority, Niagara Home Builders Association, Niagara Industrial Association, local Chambers of Commerce and School Boards. A copy of PDS 8-2025 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2025-040 Page 423 of 547 Page 2 cc: C.MacDonald, Development Planner, Growth Management and Planning T. Ricketts, Commissioner, Public Works N. Coffer, Executive Assistant to the Commissioner, Public Works Distribution List: Local Area Municipalities Niagara Peninsula Conservation Authority Niagara Home Builders Association Niagara Industrial Association Local Chambers of Commerce School Boards Page 424 of 547 PDS 8-2025 April 9, 2025 Page 1 Subject: Development Applications Monitoring Report – 2024 Year End Report to: Planning and Economic Development Committee Report date: Wednesday, April 9, 2025 Recommendations 1.That Report PDS 8-2025 BE RECEIVED for information; and 2.That Report PDS 8-2025 BE CIRCULATED to Local Area Municipalities, Niagara Peninsula Conservation Authority, Niagara Home Builders Association, Niagara Industrial Association, local Chambers of Commerce and School Boards. Key Facts •The purpose of this report is to inform Regional Council of the 2024 volume of development application activity in Niagara Region. •In 2024, the number of development applications reviewed increased to 839, up from 794 in 2023. •In 2024 there was a slight decrease in the number of pre-consultation meetings held (619) from the year prior. The number of pre-consultation meetings held each year is often a strong indicator of the development outlook. •Despite growing complexity of development applications, staff met review timelines more than 90% of the time. Financial Considerations There are no direct financial implications associated with this report. Analysis Increase in Development Applications in 2024 Regional staff reviewed 839 development applications in 2024, marking an increase from the 794 applications reviewed in 2023. Figure 1 illustrates the number of applications considered by staff from 2013 to 2024. The highest application volumes were experienced in 2021, 2022 and 2024. Over time, staff have refined their approach Page 425 of 547 PDS 8-2025 April 9, 2025 Page 2 and practices to be more adaptable and collaborative in response to the growing volume of development applications. The distribution of applications circulated to the Region, by municipality, during 2024 is shown on Figure 2. Municipalities with the highest volume of applications received by the Region were Fort Erie (167), Niagara Falls (148), Niagara-on-the-Lake (136), and Lincoln (130). Page 426 of 547 PDS 8-2025 April 9, 2025 Page 3 Development applications were circulated to the Region in accordance with Provincial legislation, the Niagara Escarpment Commission legislation, and the existing 2019 Memorandum of Understanding (MOU) between the Region and the Local Area Municipalities for planning in Niagara. In Q2 of 2024, the Region replaced its existing development tracking management system and successfully introduced CityView, a new system for permitting, approvals, and application tracking. The implementation of this new system was completed on schedule, allowing us to secure $500,000 from the Provincial Streamline Development Approval Fund. The new system has enhanced the development approval process by boosting efficiency, effectiveness, and predictability. Complexity of Development Applications Increasing Figure 2 provides a breakdown of development applications by type reviewed by staff in 2024. Complex development proposals often trigger multiple planning approvals. For example, a subdivision or condominium application proposing a density or building height that exceeds the maximum limits set by the current Official Plan or Zoning By-law may also require concurrent Official Plan Amendment and/or Zoning By-law Amendment applications to proceed. The categories with the highest number of Page 427 of 547 PDS 8-2025 April 9, 2025 Page 4 applications reviewed by Staff in 2024 were Minor Variances (163) and Consents (135), followed closely by Zoning By-law Amendments (125) and Site Plans (110). Regional staff were involved in reviewing several complex development applications in 2024, as highlighted in Appendix 1 of this report. This often requires a more extensive review process to adequately address environmental impacts, traffic impacts, urban design considerations, etc. Despite Growing Complexity, Region Consistently Meets Review Timelines The MOU provides non-statutory development application review timelines for each application type. According to the data collected for 2024, Regional staff successfully met these review timelines more than 90% of the time. Pre-consultation Meetings an Indicator of Future Development Staff attend regular pre-consultation meetings bi-weekly with each local municipality. These meetings are to determine complete application submission requirements and assist in the processing of applications. Page 428 of 547 PDS 8-2025 April 9, 2025 Page 5 Figure 4 illustrates the number of pre-consultation meetings attended by staff from 2013 to 2024. In 2024, Regional staff attended 619 pre-consultation meetings, which is a 5% decrease from the 2023 total (654). The number of pre-consultation meetings is generally an indicator of anticipated future development application volumes. Although pre-consultation meetings are no longer required due to changes in the Planning Act, most of the local area municipalities will continue with pre-consultation. They recognize the benefits it offers applicants by outlining application requirements and ensuring complete submissions. Figure 5 illustrates the number of pre-consultation meetings by municipality in 2024 that included Regional staff. The municipalities with the highest levels of pre-consultation activity were Niagara Falls (104), Fort Erie (87), Thorold (72), Niagara-on-the-Lake (65), and Welland (62). Page 429 of 547 PDS 8-2025 April 9, 2025 Page 6 Regional Review Fees offset Regional Costs Regional review fees are collected to offset Regional costs for the development review service on a cost recovery basis. Figure 6 summarizes the fees collected between 2013 and 2024 for the Regional review of development applications. The 2024 total of $2,091,825 represents a 7.28% increase from 2023. Page 430 of 547 PDS 8-2025 April 9, 2025 Page 7 While the development and pre-consultation volumes have decreased slightly from 2023, the increase in fees can be attributed to an increase in proposals that require multiple development applications with higher fees (Official Plan Amendments, Zoning By-law Amendments, Draft Plan of Condominiums and Subdivisions) received in 2024 compared to the previous year. 2025 Outlook – Region is Preparing for Proclamation On October 20, 2024, the Province released the Provincial Planning Statement (2024) (“2024 PPS”), which replaced both the Provincial Policy Statement (2020) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020 Consolidation). The 2024 PPS is intended to streamline land use planning across the province to achieve mandatory minimum targets for intensification and redevelopment within built-up areas and balance housing development, economic growth, and environmental conservation. As a result of Bill 23 More Homes Built Faster Act, the Region will be “an upper-tier municipality without planning responsibilities” on March 31, 2025. In preparation for proclamation of Bill 23, the Region facilitated discussions with local municipal CAOs and Planning Directors to determine a new model of planning service delivery that supports the changes to provincial legislation. The draft Planning Service Agreement, which was presented to and endorsed by this Committee and Regional Council (October 9, 2024 and October 16, 2024, respectively; report PDS 27-2024), was prepared through Page 431 of 547 PDS 8-2025 April 9, 2025 Page 8 consultation and collaboration and sets out the terms of planning service delivery between the Region and interested municipalities following March 31, 2025. Seven municipalities have agreed to enter into a Planning Service Agreement with the Region with each municipality signing on for various planning services tailored to meet their current needs. Two additional municipalities have recently expressed interest in also entering into an agreement with the Region. Staff are finalizing the individual Agreements for execution prior to the March 31, 2025 proclamation date. Additionally, a 2024 MOU (Engineering Function and Services in Niagara) was prepared through consultation and collaboration with the Public Works Officials and Planning Directors to take effect upon proclamation. The 2024 MOU removes the planning review and updates the engineering review functions related to development applications. After March 31, 2025, staff will continue to provide planning recommendations on development applications for the local area municipalities who have signed a Planning Services Agreement. By continuing to work collaboratively with the applicable local area municipalities, the Region is able to better facilitate the creation of well-rounded, complete communities to ensure that Niagara continues to be a desirable place to live and visit. Alternatives Reviewed No alternatives have been reviewed as this report summarizes pre-consultation and development level activity for 2024 for information purposes. Relationship to Council Strategic Priorities This report provides information on development application activity that contributes to strong economic prosperity through the communities within the region. This relates to Council’s Strategic Priorities of Effective Region, Green and Resilient Region, and Equitable Region through ensuring high quality, efficient, and coordinated core services. Other Pertinent Reports PDS 24-2021: Development Applications Monitoring Report – 2020 Year End (https://pub-niagararegion.escribemeetings.com/filestream.ashx?DocumentId=16783) PDS 4-2022: Development Applications Monitoring Report – 2021 Year End (https://pub-niagararegion.escribemeetings.com/filestream.ashx?DocumentId=22569) Page 432 of 547 PDS 8-2025 April 9, 2025 Page 9 PDS 9-2023: Development Applications Monitoring Report – 2022 Year End (https://pub-niagararegion.escribemeetings.com/filestream.ashx?DocumentId=30807) PDS 6-2024: Development Applications Monitoring Report – 2023 Year End (https://pub-niagararegion.escribemeetings.com/filestream.ashx?DocumentId=36122) PDS 27-2024: Planning Service Agreement and 2024 Memorandum of Understanding (Engineering Function and Services in Niagara) (https://pub-niagararegion.escribemeetings.com/filestream.ashx?DocumentId=39620) ________________________________ Prepared by: Carling MacDonald Development Planner Growth Management and Planning Division _______________________________ Recommended by: Terry Ricketts, P.Eng. Commissioner of Public Works Public Works Department ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Pat Busnello, MCIP, RPP, Manager, Development Planning and reviewed by Diana Morreale, MCIP, RPP, Director of Growth Management and Planning. Appendices Appendix 1 Current Major Development Applications Page 433 of 547 Appendix 1 of PDS 8-2025 April 9, 2025 Appendix 1: Current Major Development Applications Growth Management and Planning staff participated in the review of several major development applications in 2024. A summary for some of the major development applications reviewed are provided in the table below. Municipality Application Developer Details Status Fort Erie 1211, 1225, and 1237 Pettit Road Application Type(s): Local Official Plan Amendment (“LOPA”), Zoning By-law Amendment (“ZBA”), Draft Plan of Subdivision Marina (Pettit Road) Developments Inc. Applications to facilitate five single-detached dwellings, eight semi-detached dwellings, 17 blocks for 87 townhouse units, and a stormwater management pond on a new proposed public street network with two blocks of land being retained for future development •Approved. Fort Erie 436, 440 and 0-8481 Ridge RoadNorth Application Type(s): LOPA, ZBA 2855546 Ontario Inc. Applications to facilitate a 91-unit, four-storey apartment building, 12 semi-detached dwellings and a three-story mixed-use building containing three commercial units and 15 dwelling units. •Approved.Page 434 of 547 Appendix 1 of PDS 8-2025 April 9, 2025 Municipality Fort Erie Fort Erie Application Black Creek Signature Phase 2 (0-17507 NetherbyRoad) Application Type(s): LOPA, ZBA, Draft Plan of Subdivision Crescent Acres Subdivision (0-10747 KraftRoad) Application Type(s): ZBA, Draft Plan of Subdivision Developer 9136916 Canada Ltd. / Great Summit (Fort Erie) Nominee Inc. Crescent Acres Limited Details Status Applications to facilitate 135 • Approved. dwelling units (73 single detached and 13 blocks for 62 street townhouse dwellings), two blocks for a watercourse, one block for a park, one block for a stormwater management facility and walkway, and three blocks for 0.30 metres reserves. Applications to facilitate a total of • Regional staff 238 dwellings (85 single detached provided comments units, eight semi-detached and on July 4, 2024. 145 townhouse units). • The applications were deemed complete on December 5, 2024. An Open House meeting was held January 8, 2025. Page 435 of 547 Appendix 1 of PDS 8-2025 April 9, 2025 Municipality Application Developer Details Status Wainfleet Bell Meadows (32035 Bell Road) Application Type(s): ZBA, Draft Plan of Subdivision 1000063419 Ontario Inc. Applications to facilitate the creation of ten (10) lots for single detached dwellings, three utility blocks (Block 11, 12 and 13 for stormwater management) and a public road. • Approved. . Wainfleet Law Quarry Expansion Application Type(s): Regional Official Plan Amendment (“ROPA”), LOPA, ZBA Aggregate Resource Act (ARA) Licence Waterford Sand & Gravel Ltd. Applications for the expansion of the existing law Crush Stone Quarry located north of Highway 3 between Graybiel Road and Biederman Road in the Town of Wainfleet. • Approved Page 436 of 547 Appendix 1 of PDS 8-2025 April 9, 2025 Municipality Lincoln Application Prudhommes Landing Application Type(s): Draft Plan of Subdivision, Site Plan Developer Prudhommes General Partner Inc. Details Applications to facilitate the development of approximately 2,090 residential units in a range of low, medium and high density housing forms, and employment, commercial, natural environment, park and open space uses. Status • Development was subject to previous OPA and ZBA applications, which have been approved. • Site Plan for Phase 1 (commercial block) was approved by Town Council in 2024. • A phased final approval of the Subdivision is in progress. Page 437 of 547 Appendix 1 of PDS 8-2025 April 9, 2025 Municipality Niagara-on- the-Lake Niagara-on- the-Lake Application Developer Queenston Quarry Queenston Redevelopment Quarry Reclamation (5523 Niagara Company Townline Road) Application Type(s): Niagara Escarpment Commission (“NEC”) Development Permit 253 Taylor Road White Oaks (White Oaks) Tennis World Inc. Application Type(s): LOPA, ZBA Details Status • Approved via Ontario Applications to facilitate the Land Tribunal development of 829 residential (“OLT”) settlement. units (consisting of street townhomes, a manor house, and condominium units), and a hotel, on a portion of a former quarry site located within the urban area boundary. Future Local Official Plan Amendment, Draft Plan of Subdivision and/or Plan of Condominium applications will also be required to permit the proposed development. • Approved. Applications to facilitate the development of four high-rise residential and mixed-use towers on the southern portion of the property, adjacent to Glendale Avenue. Approximately 810 residential units and an additional 1,515 m2 of ground floor commercial/retail space are proposed as part of the development. Page 438 of 547 Appendix 1 of PDS 8-2025 April 9, 2025 Municipality Port Colborne Port Colborne Port Colborne Application Developer 5088 Highway 140 Asahi Kasei Application Type(s): Site Plan Mapleview 1000046816 Subdivision (South Ontario Ltd. of Killaly StreetWest, East of Cement Road) Application Type(s): LOPA, ZBA, Draft Plan of Subdivision Stonebridge Elevate Fourth Village (North of Developments Barrick Road, West Ltd. of West Side Road) Application Type(s): LOPA, ZBA, Draft Plan of Subdivision Details Construction of an Electric Vehicle (EV) Separator Plant, comprising: • Phase 1 building (±60,387 m2) and tank yard • Phase 2 building (±65,032 m2) with tank yards • Phase 3 building (±60,387 m2) with tank yards • Three stormwater ponds • Municipal road from Highway 140 Applications to facilitate the development of 96 single-detached lots, 783 townhouse units, and 1,231 apartment units. Applications to facilitate the development of 385 residential dwelling units, comprising: • 53 single-detached lots • One bock of semi-detached dwellings with two units • 10 blocks of street townhouses with 52 units Status • Minister’s Zoning Order (Ontario Regulation 337/24) was issued on August 30, 2024, to permit the use. • Site Plan application is currently underway. • A Public Meeting was held on June 4, 2024. • Regional staff provided comments on July 5, 2024. • Approved. Page 439 of 547 Appendix 1 of PDS 8-2025 April 9, 2025 Municipality Port Colborne Port Colborne Application Elite KillalySecondary Plan(806 Killaly StreetEast) Application Type(s): LOPA (Secondary Plan), ZBA Port Colborne Quarries – Proposed Pit 3Expansion Application Type(s): ROPA, LOPA, ZBA Developer Elite Capital Developments Incx. Port Colborne Quarries Inc. Details Status • Six blocks of back-to-back townhouses with 62 units • Four blocks of live/work street townhouse dwellings with 22 units • One block of stacked townhouse dwellings with 12 units • One medium/high residential density block with a six-storey apartment building with 166 units and eight blocks of semi-detached dwellings with 16 units Applications to facilitate a • A Public Open privately initiated Secondary Plan, House was held which proposes 2,242 residential October 3, 2024. units through a variety of single • Regional staff detached (46%) and townhouse provided comments (54%) dwelling unit sizes and on December 10, types. 2024. Applications to permit an • Approved eastward expansion of the existing Port Colborne Quarry operation located south of Second Concession Road, and west of Miller Road. Page 440 of 547 Appendix 1 of PDS 8-2025 April 9, 2025 Municipality Application Developer Aggregate Resource Act (“ARA”) Licence Niagara Falls Proposed Uppers Walker Quarry Aggregates Inc. Application Type(s): ROPA, LOPA, ZBA ARA Licence Niagara Falls 4709, 4725, and Great Lakes 4745 Bender Street Entertainment and 5655 Ontario Canada Ltd. Avenue Details Status Joint Agency Review Team (“JART”) has been established with City and NPCA staff to coordinate the review of the applications and share resources. Aggregate advisor and peer reviewers retained by the Region on behalf of JART. Applications to develop a new • Appealed to the OLT quarry with associated processing by the Applicant in August 2024 on the and recycling of aggregate basis of failure of material, including asphalt and Regional Council to concrete, and a concrete or make a decision on asphalt mixing plant on the lands. the application. JART has been established with City and NPCA staff to coordinate the review of the applications and share resources. Aggregate advisor and peer reviewers retained by the Region on behalf of JART. Applications to facilitate the • Approved, subject to development of a 17-storey, 402 holding provisions. room hotel with an ice sculpture gallery and tropical garden. Page 441 of 547 Appendix 1 of PDS 8-2025 April 9, 2025 Municipality Application Application Type(s): LOPA, ZBA Niagara Falls 6546 Fallsview Boulevard and 6503-6519 Stanley Avenue Application Type(s): LOPA, ZBA Niagara Falls 7630 Oakwood Drive Application Type(s): LOPA, ZBA, Draft Plan of Subdivision, Draft Plan of Condominium Developer Details Status Hennepin Realty Applications to facilitate the • Approved, subject to Holdings Inc. development of a mixed-use holding provisions. And Hennepin’s building consisting of two, 58- View Inc. storey towers (maximum of 60- storeys to accommodate roof features), with a total of 1,140 hotel suites and 126 dwelling units, along with space for restaurants, retail, gaming facilities, offices, and banquet and meeting facilities. A seven-storey parking garage and hotel guest terminal facility is also proposed. Branthaven Applications to facilitate the • City Council Belmont development of 255 dwelling approved the LOPA, ZBA and Draft Plan Oakwood Inc. units, comprising: of Subdivision applications, subject • 46 three-storey rear lane to holding provisions. towns, • Removal of Holding • 36 two-storey towns, was approved on • 106 three-storey back-to-October 16, 2024. back towns, • Draft Plan of Condominium • 67 three-storey towns, and Application circulated Page 442 of 547 Appendix 1 of PDS 8-2025 April 9, 2025 Municipality Niagara Falls St. Catharines St. Catharines St. Catharines Application 9304 McLeod Road Application Type(s): LOPA, ZBA, Draft Plan of Subdivision Modification 37 Ontario Street and 3 Ontario Lane Application Type(s): ZBA 1024 Vanisckle Road North Application Type(s): LOPA, ZBA, Site Plan 1298 Fourth Avenue Developer 800460 Ontario Limited FIRST ONTARIO STREET LTD. Royal Tuscan Townhomes Niagara Ltd. Shannex Ontario Development Ltd. Details • up to 46 additional dwelling units). Applications to facilitate the development of 544 dwelling units, comprising: • 149 detached lots, • 395 townhouse dwellings, and • parkland and a stormwater management facility) Appliation to facilitate the development of a 33-storey mixed use condominium building consisting of 308 new residential units, as well as retail and offices uses. Applications to facilitate the development of two five-storey apartment buildings, each building consisting of 58 units (for a total of 116 new units). Application to facilitate the development of a new long-term care facilitate with 430 units. • • • • • Status to the Region on January 17, 2025. Approved, subject to holding provisions. Regional staff provided comments on December 11, 2024. City Council approved the LOPA and ZBA. Site Plan application circulated to the Region on December 18, 2024. Approved. Page 443 of 547 Appendix 1 of PDS 8-2025 April 9, 2025 Municipality Application Developer Application Type(s): ZBA West Lincoln North Side of St. Kanthville Catharines Street Holdings Inc. (Regional Road 20), East of Industrial Road Application Type(s): ZBA, Draft Plan of Subdivision Pelham 1415 Station Street Hummel Properties Application Type(s): LOPA, ZBA Pelham 51 Meridian Way MFS FONTHILL GP INC. Details Status “Phase 1” consists of a three-storey podium and two 8-and 10-storey towers. “Phase 2” consists of one 8-storey building. Applications to facilitate the • Regional staff development of 37 blocks for a provided comments mix and range of dwelling types, on March 12, 2024 including: and November 8, 2024. • 36 semi-detached dwellings, • 34 townhouse dwellings, • retirement home with 104 units, • apartment building with 152 units • 20 business park units, approximately 756 m2 of commercial gross floor area, and • 0.63 hectares of parkland. Applications to facilitate the • Regional staff development of a three-storey provided comments condominium building with a total on December 9, of 22 new dwelling units. 2024. • A Public Meeting was held on January 22, 2025. Application for a three phase • Regional staff development, including a five-provided comments storey retirement home (Phase 1) on April 12, 2024. and two residential apartment Page 444 of 547 Appendix 1 of PDS 8-2025 April 9, 2025 Municipality Welland Welland Application Application Type(s): Site Plan 418-430 AqueductStreet & 650-678 Niagara Street Application Type(s): LOPA, ZBA 436 Quaker Road Application Type(s): LOPA, ZBA, Draft Plan of Subdivision Developer The Development Group PRIMONT Details Status buildings consisting of 60 and 66 units, respectively (Phase 2 and 3). It is intended that a Draft Plan of Vacant Land Condominium will be brought forward in the future to create individual land units for each phase and common elements for the site. Applicationsto facilitate three • Regional staff high-rise residential towers provided comments ranging from 8-to 16-storeys on March 18, 2024 consisting of 853 residential units and January 3, 2025. & two blocks of stacked townhouses consisting of 26 units. Applications to facilitate a mix and • Regional staff range of dwelling types for a total provided comments of approximately 711-741 on October 11, 2024. residential dwelling units. Page 445 of 547 Appendix 1 of PDS 8-2025 April 9, 2025 Municipality Welland Welland Welland Thorold Application Developer Details Status 210 Quaker Road Ashton Homes Applications to facilitate 263 • Regional staff and 276 Quaker single detached dwelling units provided comments Road and 76 street townhouses for a on December 19, total of 339 residential dwelling 2024. Application Type(s): units. LOPA, ZBA, Draft Plan of Subdivision Northern Reach Liv Communities Application to facilitate Phase 1 of • The application was Phase 1 (Block 1 of Lock and Quay including 90 two circulated on Lock and Quay -1 storey townhouses. All phases of December 11, 2024. Quaker Road) Lock and Quay are anticipated to • Regional staff yield 3,800 to 4,500 residential provided comments Application Type(s): dwelling units. on January 10, 2025 Site Plan and January 23, 2025. 744 First Avenue Ambria (First-Applications to facilitate 22 • Approved. Welland) Limited residential blocks, consisting of Application Type(s): 357 stacked townhouse LOPA, ZBA residential units. 13030 Lundy’s Rudanco Applications to facilitate 76 new • Regional staff Lane (Highway 20) Hospitality private development blocks, provided preliminary Corporation anticipated to accommodate comments on May 2,062 residential units. 25, 2024. Application Type(s): LOPA, ZBA, Draft Plan of Subdivision Page 446 of 547 Appendix 1 of PDS 8-2025 April 9, 2025 Municipality Application Developer Details Status Thorold Uppers Lane Application Type(s): ZBA, Draft Plan of Subdivision Parkbridge Lifestyle Communities Application to facilitate a 39.8-hectare site, anticipated to have 603 residential units • Regional staff provided preliminary comments on August 16, 2024. Thorold 75 Ormond Street South Application Type(s): LOPA, ZBA Jian Peng Zhou Applications to facilitate a 15-storey building with 275 residential units. • Regional staff provided comments on February 27, 2024. Grimsby 133-137 Main Street East Application Type(s): Site Plan Burgess Heritage Group Application to facilitate a five-storey mixed use building with 147 units and 280 m2 of commercial space • Regional staff provided comments on July 12, 2024. Grimsby 725 South Service Road Application Type(s): Site Plan Anatolia Investment Corporation Application for three industrial buildings. Building 1 has a proposed area of 27,019.66 m2, Building 2 has a proposed area of 21,166.68 m2, and Building 3 has a proposed area of 11,493.93 m2. • Regional staff provided comments on January 26, 2024. Page 447 of 547 UNITED AGAINST HATE CANADA May 20, 2025 A MESSAGE FROM MARVIN ROTRAND, DIRECTOR GENERAL UNITED AGAINST HATE CANADA UPDATE - LEGISLATION TO CONTROL HATEFUL RALLIES AT RELIGIOUS INSTITUTIONS AND FAITH BASED SCHOOLS Dear Mayor and Councillor, We have for the past year advocated for municipal bylaws that set some rules around protests that too often turn hateful. We have opposed rallies that target religious institutions and faith-based schools and have never seen those as a legitimate way to protest the political situation in other countries. We have stood with the Jewish, Sikh and Hindu communities that have been targeted and supported their demands that there be some rules to stop on-going harassment and intimidation. With no clarity in the criminal code and with some police departments only intervening when the situation moved beyond the blocking of access and egress from religious buildings and schools to actual violence, several municipalities have adopted such bylaws including Oakville, Ontario last week During the recent election campaign, Mark Carney promised that if elected, his government would amend the criminal code in his release of April 10, the Liberal Party of Canada indicated they would: • Fight the horrifying rise in hate and protect our communities, including by increasing funding to the Canada Community Security Program and introducing legislation to make it a criminal offence to intentionally and willfully obstruct access to any place of worship, schools, and community centres; and a criminal offence to willfully intimidate or threaten those attending services at these locations; and, We see an effective and clear federal law as preferable to a hodgepodge of municipal bylaws. …/2 Page 448 of 547 2 While we support what communities such as Vaughan, Brampton and Côte Saint-Luc have done, such bylaws are only important when the Government of Canada does not act. A few days ago, Sean Fraser was named as Canada's new Justice Minister. Our letter to him was sent on May 15. We believe that the promised change in the criminal code offers targeted minorities protection while respecting free speech and gives clarity to municipalities and law enforcement. Please have a look at our letter to Minister Fraser and if you agree, please urge the Government of Canada to legislate. Coincidentally on the day we wrote to the Minister, Toronto's City Manager responded to a Council mandate from January and tabled a draft bylaw creating "bubble zones" on a temporary basis. These would only apply if adopted by City Council. The proposed Toronto bylaw appears to us as largely ineffective. We will be urging Mayor Chow to support Mr. Carney's position, and we think a large consensus among municipal elected officials can be aid the Government to quickly table legislation https://www.thestar.com/news/gta/toronto-shares-long-awaited-details-of- proposed-bubble-zone-bylaw-aimed-at-limiting-protests-near/article_3f936f7a- 8c56-4a5e-84be-a623384d3c85.html Toronto shares long-awaited details of proposed ‘bubble zone’ bylaw aimed at limiting protests near places of worship www.thestar.com Thank you for your interest. Canada has witnessed too many hateful incidents targeting religious minorities and faith-based schools. It's time to find a solution. Best regards, Marvin Rotrand Director General United Against Hate Canada Page 449 of 547 UNITED AGAINST HATE CANADA BY EMAIL AND MAIL May 15, 2025 The Honourable Sean Fraser Minister of Justice and Attorney General Government of Canada House of Common Ottawa, ON K1A 0A6 Re: Adoption of “Bubble Legislation” by Making it a Criminal Offence to Obstruct Access to Places of Worship and Faith Based Schools Dear Minister Fraser, Our organization congratulates you on your nomination yesterday as Canada’s Minister of Justice. We wish you success in the new term of Parliament. We seek clarification on an important promise made on behalf of the Liberal Party during the recent election campaign by Prime Minister Carney. Specifically, the Prime Minister announced that if his government was re-elected it would … “Fight the horrifying rise in hate and protect our communities, including by increasing funding to the Canada Community Security Program and introducing legislation to make it a criminal offence to intentionally and willfully obstruct access to any place of worship, schools, and community centres; and a criminal offence to willfully intimidate or threaten those attending services at these locations;” We welcome this promise and seek clarity as to how exactly the Government will translate this intention into law and on what timeline. The idea of such legislation was discussed at the March 6, 2025, National Forum to Combat Antisemitism. It was a demand that flowed from several of the regional forums that provided input to the national forum. Over the past year, a new strategy to foment hate in Canada has been the targeting of religious institutions and faith-based schools. Protesters chanting hateful slogans have on numerous occasions blocked access and egress to such institutions with the aim of disrupting worship, social activities and teaching. Most frequently targeted have been synagogues and Jewish private schools but there have also been many cases of protesters at Sikh gurdwaras and Hindu temples. There have been some arrests, but police response has been tentative, despite many cases of reported overt hate that likely contravened the criminal code. The rules governing protests are for many police departments, simply not clear enough. …/2 Page 450 of 547 Page 2 That has caused municipalities to consider a new type of legislation which would create a “bubble” or safe zone around such institutions. This would prevent protesters from coming within a certain distance of the institutions while preserving their right to protest. Clearly an amendment to the criminal code providing clear and national guidance laying out how such bubble zones can provide protection to vulnerable minorities while respecting the Charter of Rights is preferable to disparate municipal bylaws. Mayor Steven Del Duca brought such a bylaw to Vaughan City Council in June 2024 making it the first municipality to adopt such a municipal initiative. Entitled “The Protecting Vulnerable Social Infrastructure Bylaw”, Vaughn Council's text states: “Organizing or participating in a nuisance demonstration within 100 metres of the property line of any vulnerable social infrastructure (such as a place of worship, school, childcare centre, hospital or congregate care facility) is prohibited in Vaughan.” The by-law is not intended to prohibit peaceful gatherings, protests or demonstrations, including any such activities that occur as part of a labour union strike. The by-law is intended to protect everyone in Vaughan – all while balancing the fundamental importance of freedom of expression and freedom of assembly, with the safety and well-being of community members accessing vulnerable social infrastructure. Vaughan’s bylaw may be read here: https://www.vaughan.ca/residential/by-laws-and-enforcement/protecting-vulnerable- social-infrastructure-by-law Vaughan’s example was followed by the City of Brampton. Together, these two major communities north of Toronto are home to a combined population of over 1.1. million persons. Brampton adopted its own “bubble zone bylaw” in November 2024. It too aimed at preventing nuisance demonstrations outside places of worship and was provoked by clashes at gurdwaras and temples within the municipality. Last December 18, Toronto City Council took a very important step toward preventing hateful rallies that target minority groups. The Council adopted a thoughtful document entitled Policy Framework - City Response to Demonstrations and mandated the City Manager to initiate consultations that will lead, in the words of the motion, to a: ...."by-law, with an emphasis on protecting vulnerable institutions such as places of worship, faith-based schools and cultural institutions, that supports the City's commitment to keeping Torontonians safe from hate and protects Charter rights that address impacts of demonstrations that target people based on their identity." To the best of our knowledge, there are at the moment only a handful of such bylaws across the country with about a dozen municipalities responding to us that they are considering doing the same. …/3 Page 451 of 547 Page 3 Canada's current anti-hate laws are cumbersome and not always effective. Legislation such as bubble zone bylaws can immediately help prevent the worst cases of intimidation of religious minorities. We had anticipated such a motion would be at Toronto Council in June. However, the Prime Minister's promise opens up a far more effective pathway to target hateful protests and we urge that the Government consider fast tracking this solution. Canada already has a form of “bubble legislation” in place as there are laws outlawing protests at clinics. Several provinces have long had laws protecting the space around abortion clinics. Ontario passed its own abortion clinic bubble zone law in 2017, to prevent harassment outside abortion clinics, hospitals, doctors’ homes and offices. That law bars protesters from standing within 50 metres from the clinics while distributing pro-life pamphlets, harassing patients, or carrying graphic posters. British Columbia has had similar rules for decades. Courts have ruled these laws are constitutional. Moreover, during the pandemic, provinces expanded the no protest zones by including hospitals and even schools to prevent anti- vaccine protesters from harassing health care workers. United Against Hate Canada endorses the remarks of Michelle Stock, Vice President, Ontario, Centre for Israel and Jewish Affairs, who made the following statement in a news release issued last December 19 in regard to the Toronto Council debate the day before: These remarks are as pertinent in most Canadian cities as in Toronto. “For more than a year, demonstrations marked by antisemitic chants, hateful signs, and physically intimidating behaviour have targeted synagogues, schools, and community centres in Toronto and the GTA. By setting up their protests near these specific institutions, protesters are preventing seniors from attending synagogue. They are yelling vile words at children trying to learn math or English and harassing those accessing services for developmental disabilities. Their actions are intended to intimidate the Jewish community, leaving many fearful of gathering and going about daily life. No child should have to experience this. No reasonable person can argue that a school is an appropriate venue for such demonstrations.” We believe there is an overwhelming public consensus in support of such an amendment to the criminal code. Such a change to the criminal code would afford protection for all religious minorities. We believe you will find that organizations representing different religious minorities will ally to support this change to the law. Yours truly, Marvin Rotrand Director General United Against Hate Canada marvinrotrand2@hotmail.com Page 452 of 547 Page 1 of 1 Memo To: Mayor James Diodati, Members of Niagara Falls City Council From: Tiffany Clark, Director of Finance Date: May 27, 2025 Re: Niagara Falls Hydro Holding Corporation Updates RECOMMENDATION THAT Council receive the Niagara Falls Hydro Holding Corporation Updates for Information ANALYSIS Niagara Falls Hydro Holding Corporation is wholly owned by the City of Niagara Falls. As the shareholder, please accept receipt to the Niagara Falls Hydro Holding Corporation 2023 Consolidated Audited Financial Statements approved by the Niagara Falls Hydro Holding Corporation Board on November 12, 2024. As the shareholder, please be advised that a dividend of $22,000,000.00, payable to the Corporation of the City of Niagara Falls for the year ended December 31, 2024 was declared by the Niagara Falls Hydro Holding Corporation Board on October 22, 2024. LIST OF ATTACHMENTS 1. Niagara Falls Hydro Holding Corporation 2023 Consolidated Audited Financial Statements. Page 453 of 547 Consolidated Financial Statements of NIAGARA FALLS HYDRO HOLDING CORPORATION And Independent Auditor’s Report thereon Year ended December 31, 2023 Page 454 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Table of Contents Year ended December 31, 2023 Page Independent Auditor’s Report Consolidated Financial Statements Consolidated Statement of Financial Position ............................................................................. 1 - 2 Consolidated Statement of Comprehensive Income ........................................................................ 3 Consolidated Statement of Changes in Equity ................................................................................ 4 Consolidated Statement of Cash Flows ........................................................................................... 5 Notes to Consolidated Financial Statements ............................................................................ 6 - 35 Page 455 of 547 KPMG LLP 80 King Street, Suite 620 St. Catharines, ON L2R 7G1 Canada Telephone 905 685 4811 Fax 905 682 2008 KPMG LLP, an Ontario limited liability partnership and member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. KPMG Canada provides services to KPMG LLP. INDEPENDENT AUDITOR’S REPORT To the Shareholder of Niagara Falls Hydro Holding Corporation: Opinion We have audited the accompanying financial statements of Niagara Falls Hydro Holding Corporation (the “Entity”) which comprise:  the consolidated statement of financial position as at December 31, 2023  the consolidated statement of comprehensive income for the year then ended  the consolidated statement of changes in equity for the year then ended  the consolidated statement of cash flows for the year then ended  and notes to the consolidated financial statements, including a summary of material accounting policies and other explanatory information (Hereinafter referred to as the “financial statements”). In our opinion, the accompanying financial statements present fairly, in all material respects, the consolidated financial position of the Entity as at December 31, 2023, and its consolidated financial performance and its consolidated cash flows for the year then ended in accordance with IFRS Accounting Standards as issued by the International Accounting Standards Board. Basis for Opinion We conducted our audit in accordance with Canadian generally accepted auditing standards. Our responsibilities under those standards are further described in the ''Auditor’s Responsibilities for the Audit of the Financial Statements'' section of our auditor’s report. We are independent of the Entity in accordance with the ethical requirements that are relevant to our audit of the financial statements in Canada and we have fulfilled our other ethical responsibilities in accordance with these requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Page 456 of 547 Page 2 Responsibilities of Management and Those Charged With Governance for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with IFRS Accounting Standards as issued by the International Accounting Standards Board, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is responsible for assessing the Entity's ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless management either intends to liquidate the Entity or to cease operations, or has no realistic alternative but to do so. Those charged with Governance are responsible for overseeing the Entity's financial reporting process. Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Canadian generally accepted auditing standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of the financial statements. As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also:  Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.  Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Entity's internal control. Page 457 of 547 Page 3  Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management.  Conclude on the appropriateness of management's use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Entity's ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor’s report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor’s report. However, future events or conditions may cause the Entity's to cease to continue as a going concern.  Evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation  Communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit.  Obtain sufficient appropriate audit evidence regarding the financial information of the entities or business activities within the group Entity to express an opinion on the financial statements. We are responsible for the direction, supervision and performance of the group audit. We remain solely responsible for our audit opinion. Chartered Professional Accountants, Licensed Public Accountants St. Catharines, Canada November 19, 2024 Page 458 of 547 1 NIAGARA FALLS HYDRO HOLDING CORPORATION Consolidated Statement of Financial Position December 31, 2023, with comparative information for 2022 Note 2023 2022 Assets Current assets: Cash and cash equivalents $ 7,123,787 $ 13,144,496 Accounts receivable 17,460,289 17,238,453 Unbilled revenue 14,725,669 13,709,751 Income taxes receivable 285,429 705,813 Materials and supplies 4 3,005,650 2,840,766 Prepaid expenses 1,936,489 2,118,591 Total current assets 44,537,313 49,757,870 Non-current assets: Property, plant and equipment 5 263,408,045 253,552,065 Intangible assets 6 8,106,740 8,779,769 Right-of-use assets 7 4,845,923 5,506,697 Advances to related parties 7,874 5,000 Goodwill 9,246,184 9,246,184 Deferred taxes 13 13,731,811 14,248,730 Total non-current assets 299,346,577 291,338,445 Total assets 343,883,890 341,096,315 Regulatory balances 9 16,970,630 16,026,535 Total assets and regulatory balances $ 360,854,520 $ 357,122,850 Page 459 of 547 2 NIAGARA FALLS HYDRO HOLDING CORPORATION Consolidated Statement of Financial Position (continued) December 31, 2023, with comparative information for 2022 Note 2023 2022 Liabilities Current liabilities: Bank overdraft $ 121,475 $ 369,242 Non-revolving line of credit 10 4,979,097 4,981,697 Revolving credit facility 11 4,410,000 2,590,000 Accounts payable and accrued liabilities 19,700,327 23,174,930 Long-term debt due within one year 11 17,077,147 943,363 Customer deposits 1,192,933 938,858 Deferred revenue 877,289 1,731,735 Deferred grant revenue 1,656,351 1,267,314 Income taxes payable 86,876 – Lease liabilities 8 485,922 683,964 Total current liabilities 50,587,417 36,681,103 Non-current liabilities Long-term debt 11 92,286,976 109,386,489 Post-employment benefits 12 4,256,096 3,988,520 Deferred taxes 13 26,701,115 25,462,483 Deferred capital contributions 44,113,202 41,942,906 Lease liabilities 8 4,421,726 4,895,914 Total non-current liabilities 171,779,115 185,676,312 Total liabilities 222,366,532 222,357,415 Equity: Share capital 14 29,210,189 29,210,189 Contributed surplus 16,275,468 16,275,468 Retained earnings 55,612,571 53,436,070 Total equity attributable to owners of the Corporation 101,098,228 98,921,727 Non-controlling interest 31,581,067 30,614,283 Total equity and non-controlling interest 132,679,295 129,536,010 Total liabilities and equity and non-controlling interest 355,045,827 351,893,425 Regulatory balances 9 5,808,693 5,229,425 Subsequent events 21 Total liabilities, equity and non-controlling interest and regulatory balances $ 360,854,520 $ 357,122,850 See accompanying notes to the consolidated financial statements. On behalf of the Board: Director Director Page 460 of 547 3 NIAGARA FALLS HYDRO HOLDING CORPORATION Consolidated Statement of Comprehensive Income Year ended December 31, 2023, with comparative information for 2022 Note 2023 2022 Revenue: Distribution revenue $ 36,710,275 $ 34,927,078 Service 13,107,835 11,725,616 Other 2,778,642 3,125,264 Federal government grant 995,671 1,177,800 53,592,423 50,955,758 Sale of energy 151,253,723 147,724,263 Total revenue 15 204,846,146 198,680,021 Operating expenses: Distribution and maintenance 13,755,767 12,407,385 Utilization – 778,174 Billing and collecting expenses 6,127,764 5,833,604 Administration and general 10,304,003 9,212,805 Depreciation and amortization 14,733,070 14,038,154 Sponsorship 638,841 – 16 45,559,445 42,270,122 Cost of power purchased 148,918,765 151,711,465 Total expenses 194,478,210 193,981,587 Income from operating activities 10,367,936 4,698,434 Finance income 17 656,581 376,443 Finance costs 17 (4,957,051) (3,766,402) Income before income taxes 6,067,466 1,308,475 Income tax (expense) recovery: Current 13 (55,620) 826,487 Deferred 13 (1,755,551) (2,290,359) (1,811,171) (1,463,872) Income (loss) for the year 4,256,295 (155,397) Net movement in regulatory balances, net of tax: Net movement in regulatory balances (1,824,013) 4,312,274 Income tax 1,942,603 1,009,261 118,590 5,321,535 Net income, net movement in regulatory balances 4,374,885 5,166,138 Other comprehensive income: Items that will not be reclassified to profit or loss: Remeasurements of post-employment benefits (246,235) 902,329 Net movement in regulatory balances, net of tax 246,235 (902,329) Other comprehensive income for the year – – Total comprehensive income for the year $ 4,374,885 $ 5,166,138 Total comprehensive income attributable to: Owners of the Corporation $ 2,847,101 $ 3,643,917 Non-controlling interest 1,527,784 1,522,221 $ 4,374,885 $ 5,166,138 See accompanying notes to the consolidated financial statements. Page 461 of 547 4 NIAGARA FALLS HYDRO HOLDING CORPORATION Consolidated Statement of Changes in Equity Year ended December 31, 2023, with comparative information for 2022 Total equity Total equity attributable to Non- and non- Share Contributed Retained owners of the controlling controlling capital surplus earnings Corporation equity interests Balance at January 1, 2022 $ 29,210,189 $ 16,275,468 $ 51,245,998 $ 96,731,655 $ 29,602,062 $ 126,333,717 Net income and net movement in regulatory balances – – 3,643,917 3,643,917 1,522,221 5,166,138 Dividends – – (1,453,845) (1,453,845) (510,000) (1,963,845) Balance at December 31, 2022 $ 29,210,189 $ 16,275,468 $ 53,436,070 $ 98,921,727 $ 30,614,283 $ 129,536,010 Balance at January 1, 2023 $ 29,210,189 $ 16,275,468 $ 53,436,070 $ 98,921,727 $ 30,614,283 $ 129,536,010 Net income and net movement in regulatory balances – – 2,847,101 2,847,101 1,527,784 4,374,885 Dividends – – (670,600) (670,600) (561,000) (1,231,600) Balance at December 31, 2023 $ 29,210,189 $ 16,275,468 $ 55,612,571 $ 101,098,228 $ 31,581,067 $ 132,679,295 See accompanying notes to the consolidated financial statements. Page 462 of 547 5 NIAGARA FALLS HYDRO HOLDING CORPORATION Consolidated Statement of Cash Flows Year ended December 31, 2023, with comparative information for 2022 2023 2022 Operating activities: Net income $ 4,374,885 $ 5,166,138 Adjustments for non-cash items: Amortization of intangible assets 961,892 864,258 Amortization of deferred revenue (1,454,573) (1,353,065) Depreciation of property, plant and equipment 13,771,242 13,173,896 Post-employment benefits 267,576 286,943 Loss on disposal of assets 156,072 134,122 Income tax expense 1,811,171 1,463,872 Net finance costs 4,300,470 3,389,959 Change in non-cash operating working capital: Accounts receivable (221,836) 1,671,412 Accounts payable and accrued liabilities (3,474,603) 882,599 Unbilled revenue (1,015,918) (112,057) Materials and supplies (164,884) (693,824) Prepaid expenses 182,102 (163,706) Customer deposits 254,075 (102,062) Deferred revenue (854,446) (115,557) Contributions received from customers 3,624,869 5,317,724 Regulatory balances (364,825) (5,321,535) Income tax paid 442,812 563,193 Income tax received 8,828 – Interest paid (4,957,051) (3,766,402) Interest received 656,581 376,443 Net cash from operating activities 18,304,439 21,662,351 Investing activities: Purchase of property, plant and equipment (23,147,746) (30,750,211) Purchase of intangible assets (273,687) (615,041) Proceeds from disposal of assets 10,048 53 Net cash used in investing activities (23,411,385) (31,365,199) Financing activities: Dividends paid (1,231,600) (1,963,845) Advances to/from related parties (2,874) (1,734) Payment of lease liabilities (672,230) (731,965) Change in bank loan (2,600) (18,303) Proceeds from long-term debt – 13,907,952 Revolving credit facility 1,820,000 (2,830,000) Repayment of long-term debt (965,729) (747,294) Proceeds from grant funding 389,037 1,267,314 Net cash (used in) from financing activities (665,996) 8,882,125 Decrease in cash and cash equivalents (5,772,942) (820,723) Cash and cash equivalents, beginning of year 12,775,254 13,595,977 Cash and cash equivalents net of bank overdraft, end of year $ 7,002,312 $ 12,775,254 See accompanying notes to the consolidated financial statements. Page 463 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements Year ended December 31, 2023 6 1. Reporting entity: Niagara Falls Hydro Holding Corporation (the “Corporation”) is a rate regulated, municipally owned hydro distribution company and telecommunication provider incorporated under the Business Corporations Act (Ontario). The incorporation was pursuant to the provisions of the Energy Competition Act, 1998. The Corporation is wholly owned by the City of Niagara Falls. The address of the Corporation’s registered office is 4310 Queen St., Niagara Falls, Ontario, L2E 6X5. The consolidated financial statements are for the Corporation as at and for the year ended December 31, 2023. 2. Basis of presentation: (a) Statement of compliance: The Corporation's consolidated financial statements have been prepared in accordance with IFRS Accounting Standards ("IFRS") adopted by the International Accounting Standards Board (“IASB”). The consolidated financial statements were approved by the Board of Directors on November 12, 2024. (b) Basis of measurement: These consolidated financial statements have been prepared on the historical cost basis, unless otherwise stated. (c) Functional and presentation currency: These consolidated financial statements are presented in Canadian dollars, which is the Corporation's functional currency. (d) Use of estimates and judgments: (i) Assumptions and estimation uncertainty The preparation of financial statements in conformity with IFRS requires management to make judgments, estimates and assumptions that affect the application of accounting policies and the reported amounts of assets, liabilities, income and expenses and disclosure of contingent assets and liabilities. Actual results may differ from those estimates. Estimates and underlying assumptions are reviewed on an ongoing basis. Revisions to accounting estimates are recognized in the year in which the estimates are revised and in any future years affected. Page 464 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 7 2. Basis of presentation (continued): (d) Use of estimates and judgments (continued): (i) Assumptions and estimation uncertainty (continued): Information about assumptions and estimation uncertainties that have a significant risk of resulting in material adjustment is included in the following notes: a) Note 3(e) – measurement of unbilled revenue b) Notes 3(g, h), 5, 6 – estimation of useful lives of its property, plant and equipment and intangible assets c) Notes 9, 3(l) – recognition and measurement of regulatory balances d) Note 12 – measurement of defined benefit obligations: key actuarial assumptions (ii) Judgments: Information about judgments made in applying accounting policies that have the most significant effects on the amounts recognized in the financial statements is included in the following notes: a) Notes 2(e), 9 – recoverability of regulatory balances b) Notes 3(o), 13 – recoverability of tax losses (e) Rate regulation: The Corporation is regulated by the Ontario Energy Board (“OEB”), under the authority granted by the Ontario Energy Board Act, 1998. Among other things, the OEB has the power and responsibility to approve or set rates for the transmission and distribution of electricity, providing continued rate protection for electricity consumers in Ontario, and ensuring that transmission and distribution companies fulfill obligations to connect and service customers. The OEB may also prescribe license requirements and conditions of service to local distribution companies (“LDCs”), such as the Corporation, which may include, among other things, record keeping, regulatory accounting principles, separation of accounts for distinct businesses, and filing and process requirements for rate setting purposes. Page 465 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 8 2. Basis of presentation (continued): (e) Rate regulation (continued): Rate setting: Distribution revenue For the distribution revenue, the Corporation files a “Cost of Service” (“COS”) rate application with the OEB every five years. The COS filing timeline may be extended if the Corporation is able to maintain good reliability and operations under the existing approved rate structure, and has received approval by the OEB for such a deferral. The COS rates are determined through a review of the forecasted annual amount of operating and capital expenditures, debt and shareholder’s equity required to support the Corporation’s business. The Corporation estimates electricity usage and the costs to service each customer class to determine the appropriate rates to be charged to each customer class. The COS application is reviewed by the OEB and interveners and rates are approved based upon this review, including any revisions resulting from that review. In the intervening years an Incentive Rate Mechanism application (“IRM”) is filed. An IRM application results in a formulaic adjustment to distribution rates that were set under the last COS application. The previous year’s rates are adjusted for the annual change in the Gross Domestic Product Implicit Price Inflator for Final Domestic Demand (“GDP IPI-FDD”) net of a productivity factor and a “stretch factor” determined by the relative efficiency of an electricity distributor. As a licensed distributor, the Corporation is responsible for billing customers for electricity generated by third parties and the related costs of providing electricity service, such as transmission services and other services provided by third parties. The Corporation is required, pursuant to regulation, to remit such amounts to these third parties, irrespective of whether the Corporation ultimately collects these amounts from customers. The OEB has a decision and order in place banning utilities in Ontario from disconnecting homes for non-payment during the winter. This ban is normally in place from November 15 to April 30 each year. The Corporation last filed a COS application in August 2020. The Ontario Energy Board issued a Decision and Order dated February 4, 2021 for rates effect January 1, 2021. An IRM Application is filed each of the following years with resultant rate adjustments each year. On August 18, 2023, the Corporation filed its annual IRM application with OEB for rates effective January 1, 2024 to December 31, 2024. On December 14, 2023, the OEB issued a letter advising the utility that the OEB approved January 1, 2024 rate increases. The GDP IPI-FDD for 2024 is 4.8%, the Corporation’s productivity factor is 0% and the stretch factor is 0.3%, resulting in a rate adjustment of 4.5%, to the 2023 year’s rates. Another IRM application will be filed in August 2024, for rate adjustment for January 1, 2025 to December 31, 2025. Page 466 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 9 2. Basis of presentation (continued): (e) Rate regulation (continued): Rate setting (continued) Distribution revenue (continued) The Corporation is scheduled to file its next Cost of Service Application in 2025 for rates effective January 1, 2026. Electricity rates The OEB sets electricity prices for low-volume consumers twice each year based on an estimate of how much it will cost to supply the province with electricity for the next year. All remaining consumers pay the market price for electricity. The Corporation is billed for the cost of the electricity that its customers use and passes this cost on to the customer at cost without a mark-up. 3. Material accounting policies: These financial statements have been prepared on a going concern basis. The material accounting policies applied in the preparation of these consolidated financial statements are set out below. The policies have been consistently applied to all of the years presented. The Corporation adopted Disclosure of Accounting Policies (Amendments to IAS 1 and IFRS Practice Statement 2) effective January 1, 2023. These amendments require disclosure of material rather than significant accounting policies. The amendments provide guidance on the application of materiality to disclosure of accounting policies, assisting entities to provide useful, entity-specific accounting policy information. The amendments did not have a material impact on the Corporation’s consolidated financial statements. (a) Basis of consolidation: These consolidated financial statements include the accounts of the following corporations: Niagara Falls Hydro Holding Corporation 100.0% Niagara Falls Hydro Services Inc. 100.0% Niagara Regional Broadband Network 75.0% Niagara Peninsula Energy Inc. 74.5% Spark Enterprises Inc. 75.0% Subsidiaries are entities controlled by the Corporation. The financial statements of the subsidiaries are included in these consolidated financial statements from the date on which control commences until the date on which control ceases. All inter-company accounts and transactions have been eliminated. Page 467 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 10 3. Material accounting policies (continued): (b) Business combinations: The Corporation accounts for business combinations using the acquisition method when control is transferred to the Corporation. The consideration transferred in the acquisition is generally measured at fair value, as are the identifiable net assets acquired. Any goodwill that arises is tested annually for impairment. Any gain on a bargain purchase is recognized in profit or loss immediately. Transaction costs are expensed as incurred, except if related to the issue of debt or equity securities. (c) Non-controlling interests: NCI is measured at fair value at the date of acquisition, which means that goodwill, or the gain on a bargain purchase, includes a portion attributable to ordinary NCI. Changes in the Corporation’s interest in a subsidiary that do not result in a loss of control are accounted for as equity transactions. (d) Financial instruments: All financial assets are classified as loans and receivables and all financial liabilities are classified as other liabilities. These financial instruments are recognized initially at fair value plus any directly attributable transaction costs. Subsequently, they are measured at amortized cost using the effective interest method less any impairment for the financial assets as described in Note 3(i). The Corporation does not enter into derivative instruments. Hedge accounting has not been used in the preparation of these consolidated financial statements. Cash and cash equivalents include bank balances and short-term investments with maturities of three months or less when purchased. (e) Revenue recognition: Sale and distribution of electricity The performance obligations for the sale and distribution of electricity are recognized over time using an output method to measure the satisfaction of the performance obligation. The value of the electricity services transferred to the customer is determined on the basis of cyclical meter readings plus estimated customer usage since the last meter reading date to the end of the year and represents the amount that the Corporation has the right to bill. Revenue includes the cost of electricity supplied, distribution, and any other regulatory charges. The related cost of power is recorded on the basis of power used. For customer billings related to electricity generated by third parties and the related costs of providing electricity service, such as transmission services and other services provided by third parties, the Corporation has determined that it is acting as a principal for these electricity charges and, therefore, has presented electricity revenue on a gross basis. Page 468 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 11 3. Material accounting policies (continued): (e) Revenue recognition (continued): Sale and distribution of electricity (continued) Customer billings for debt retirement charges are recorded on a net basis as the Corporation is acting as an agent for this billing stream. Other revenue Revenue earned from the provision of services is recognized as the service is rendered or contract milestones are achieved. Amounts received in advance of these milestones are presented as deferred revenue. Developers are required to contribute towards the capital cost of construction of distribution assets in order to provide ongoing service. The developer is not a customer and therefore the contributions are scoped out of IFRS 15 Revenue from Contracts with Customers. Cash contributions, received from developers are recorded as deferred revenue. When an asset other than cash is received as a capital contribution, the asset is initially recognized at its fair value, with a corresponding amount recognized as deferred revenue. The deferred revenue, which represents the Corporation's obligation to continue to provide the customers access to the supply of electricity, is amortized to income on a straight-line basis over the useful life of the related asset. Certain customers and developers are required to contribute towards the capital cost of construction of distribution assets in order to provide ongoing service. These contributions fall within the scope of IFRS 15 Revenue from Contracts with Customers. The Corporation has concluded that the performance obligation is the supply of electricity over the life of the relationship with the customer which is satisfied over time as the customer receives and consumes the electricity. Cash contributions are recorded as deferred revenue. When an asset other than cash is received as a capital contribution, the asset is initially recognized at its fair value, with a corresponding amount recognized as deferred revenue. The deferred revenue, which represents the Corporation's obligation to continue to provide the customers access to the supply of electricity, is amortized to income on a straight-line basis over the useful life of the related asset. Government grants and the performance incentive payments under CDM programs are recognized as revenue in the year when there is reasonable assurance that the program conditions have been satisfied and the payment will be received. Interest income is recognized when earned and dividends when declared. (f) Materials and supplies: Materials and supplies, the majority of which is consumed by the Corporation in the provision of its services, is valued at the lower of cost and net realizable value, with cost being determined on an average cost basis, and includes expenditures incurred in acquiring the materials and supplies and other costs incurred in bringing them to their existing location and condition. Page 469 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 12 3. Material accounting policies (continued): (f) Materials and supplies (continued): Net realizable value is estimated selling price in the ordinary course of business, less estimated selling expenses. (g) Property, plant and equipment: Items of property, plant and equipment (“PP&E”) used in rate-regulated activities are measured at deemed cost established on the transition date less accumulated depreciation. All other items of PP&E are measured at cost, or, where the item is contributed by customers, its fair value, less accumulated depreciation. Cost includes expenditures that are directly attributable to the acquisition of the asset. The cost of self-constructed assets includes contracted services, materials and transportation costs, direct labour, overhead costs, borrowing costs and any other costs directly attributable to bringing the asset to a working condition for its intended use. Borrowing costs on qualifying assets are capitalized as part of the cost of the asset based upon the weighted average cost of debt incurred on the Corporation’s borrowings. Qualifying assets are considered to be those that take in excess of 12 months to construct. When parts of an item of PP&E have different useful lives, they are accounted for as separate items (major components) of PP&E. When items of PP&E are retired or otherwise disposed of, a gain or loss on disposal is determined by comparing the proceeds from disposal, if any, with the carrying amount of the item and is included in profit or loss. Major spare parts and standby equipment are recognized as items of PP&E. The cost of replacing a part of an item of PP&E is recognized in the net book value of the item if it is probable that the future economic benefits embodied within the part will flow to the Corporation and its cost can be measured reliably. In this event, the replaced part of PP&E is written off, and the related gain or loss is included in profit or loss. The costs of the day-to- day servicing of PP&E are recognized in profit or loss as incurred. The need to estimate the decommissioning costs at the end of the useful lives of certain assets is reviewed periodically. The Corporation has concluded it does not have any legal or constructive obligation to remove PP&E. Depreciation is calculated to write off the cost of items of PP&E using the straight-line method over their estimated useful lives, and is generally recognized in profit or loss. Depreciation methods, useful lives, and residual values are reviewed at each reporting date and adjusted prospectively if appropriate. Land is not depreciated. Construction-in-progress assets are not depreciated until the project is complete and the asset is available for use. Page 470 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 13 3. Material accounting policies (continued): (g) Property, plant and equipment (continued): The estimated useful lives are as follows: Years Buildings and fixtures 60 Distribution equipment 10-60 Fibre network 3-25 Other equipment 5-20 Leasehold improvements Term of lease (h) Intangible assets: Intangible assets used in rate-regulated activities and acquired prior to January 1, 2014 are measured at deemed cost established on the transition date, less accumulated amortization. All other intangible assets are measured at cost. Computer software that is acquired or developed by the Corporation after January 1, 2014, including software that is not integral to the functionality of equipment purchased which has finite useful lives, is measured at cost less accumulated amortization. Payments to obtain rights to access land ("land rights") are classified as intangible assets. These include payments made for easements, right of access and right of use over land for which the Corporation does not hold title. Land rights are measured at cost less accumulated amortization. Trademarks have an indefinite life and are therefore not amortized. Amortization is recognized in profit or loss on a straight-line basis over the estimated useful lives of intangible assets, from the date that they are available for use. Amortization methods and useful lives of all intangible assets are reviewed at each reporting date and adjusted prospectively if appropriate. The estimated useful lives are: Years Computer software 3 Land rights 25 Customer relations 20 Goodwill arising on the acquisition of subsidiaries is subsequently measured at cost less accumulated impairment losses. Page 471 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 14 3. Material accounting policies (continued): (i) Impairment: (i) Financial assets measured at amortized cost: A financial asset is assessed at each reporting date to determine whether there is any objective evidence that it is impaired. A financial asset is considered to be impaired if objective evidence indicates that one or more events have had a negative effect on the estimated future cash flows of that asset. An impairment loss is calculated as the difference between an asset’s carrying amount and the present value of the estimated future cash flows discounted at the original effective interest rate. Interest on the impaired assets continues to be recognized through the unwinding of the discount. Losses are recognized in profit or loss. An impairment loss is reversed through profit or loss if the reversal can be related objectively to an event occurring after the impairment loss was recognized. (ii) Non-financial assets: The carrying amounts of the Corporation's non-financial assets, other than materials and supplies and deferred tax assets, are reviewed at each reporting date to determine whether there is any indication of impairment. If any such indication exists, then the asset's recoverable amount is estimated. For the purpose of impairment testing, assets are grouped together into the smallest group of assets that generates cash inflows from continuing use that are largely independent of the cash inflows of other assets or groups of assets (the "cash-generating unit" or “CGU”). The recoverable amount of an asset or CGU is the greater of its value in use and its fair value less costs to sell. In assessing value in use, the estimated future cash flows are discounted to their present value using a pre-tax discount rate that reflects current market assessments of the time value of money and the risks specific to the asset. An impairment loss is recognized if the carrying amount of an asset or its CGU exceeds its estimated recoverable amount. Impairment losses are recognized in profit or loss. For other assets, an impairment loss is reversed only to the extent that the asset's carrying amount does not exceed the carrying amount that would have been determined, net of depreciation or amortization, if no impairment loss had been recognized. (j) Customer deposits: Customer deposits represent cash deposits from electricity distribution customers and retailers to guarantee the payment of energy bills. Interest is paid annually on customer deposits. Deposits are refundable to customers who demonstrate an acceptable level of credit risk as determined by the Corporation in accordance with policies set out by the OEB or upon termination of their electricity distribution service. Page 472 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 15 3. Material accounting policies (continued): (k) Provisions: A provision is recognized if, as a result of a past event, the Corporation has a present legal or constructive obligation that can be estimated reliably, and it is probable that an outflow of economic benefits will be required to settle the obligation. Provisions are determined by discounting the expected future cash flows at a pre-tax rate that reflects current market assessments of the time value of money and the risks specific to the liability. (l) Regulatory balances: Regulatory deferral account debit balances represent costs incurred in excess of amounts billed to the customer at OEB approved rates. Regulatory deferral account credit balances represent amounts billed to the customer at OEB approved rates in excess of costs incurred by the Corporation. Regulatory deferral account debit balances are recognized if it is probable that future billings in an amount at least equal to the deferred cost will result from inclusion of that cost in allowable costs for rate-making purposes. The offsetting amount is recognized in net movement in regulatory balances in profit or loss or OCI. When the customer is billed at rates approved by the OEB for the recovery of the deferred costs, the customer billings are recognized in revenue. The regulatory debit balance is reduced by the amount of these customer billings with the offset to net movement in regulatory balances in profit or loss or OCI. The probability of recovery of the regulatory deferral account debit balances is assessed annually based upon the likelihood that the OEB will approve the change in rates to recover the balance. The assessment of likelihood of recovery is based upon previous decisions made by the OEB for similar circumstances, policies or guidelines issued by the OEB, etc. Any resulting impairment loss is recognized in profit or loss in the year incurred. When the Corporation is required to refund amounts to ratepayers in the future, the Corporation recognizes a regulatory deferral account credit balance. The offsetting amount is recognized in net movement in regulatory balances in profit or loss or OCI. The amounts returned to the customers are recognized as a reduction of revenue. The credit balance is reduced by the amount of these customer repayments with the offset to net movement in regulatory balances in profit or loss or OCI. Page 473 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 16 3. Material accounting policies (continued): (m) Post-employment benefits: (i) Pension plan: The Corporation provides a pension plan for all its full-time employees through Ontario Municipal Employees Retirement System (“OMERS”). OMERS is a multi-employer pension plan which operates as the Ontario Municipal Employees Retirement Fund (“the Fund”), and provides pensions for employees of Ontario municipalities, local boards and public utilities. The Fund is a contributory defined benefit pension plan, which is financed by equal contributions from participating employers and employees, and by the investment earnings of the Fund. To the extent that the Fund finds itself in an under- funded position, additional contribution rates may be assessed to participating employers and members. OMERS is a defined benefit plan. However, as OMERS does not segregate its pension asset and liability information by individual employers, there is insufficient information available to enable the Corporation to directly account for the plan. Consequently, the plan has been accounted for as a defined contribution plan. The Corporation is not responsible for any other contractual obligations other than the contributions. Obligations for contributions to defined contribution pension plans are recognized as an employee benefit expense in profit or loss when they are due. (ii) Post-employment benefits, other than pension: The Corporation provides some of its retired employees with life insurance and medical benefits beyond those provided by government sponsored plans. The obligations for these post-employment benefit plans are actuarially determined by applying the projected unit credit method and reflect management’s best estimate of certain underlying assumptions. Remeasurements of the net defined benefit obligations, including actuarial gains and losses and the return on plan assets (excluding interest), are recognized immediately in other comprehensive income. When the benefits of a plan are improved, the portion of the increased benefit relating to past service by employees is recognized immediately in profit or loss. (n) Finance income and finance costs: Finance income is recognized as it accrues in profit or loss, using the effective interest method. Finance income comprises interest earned on cash. Finance costs comprise interest expense on borrowings, and interest paid on customer deposits. Finance costs are recognized in profit or loss unless they are capitalized as part of the cost of qualifying assets. Page 474 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 17 3. Material accounting policies (continued): (o) Income taxes: Income tax expense comprises current and deferred tax. Income tax expense is recognized in profit or loss except to the extent that it relates to items recognized directly in equity, in which case, it is recognized in equity. The Corporation and some of its subsidiaries are exempt from taxes under the Income Tax Act (Canada) and the Ontario Corporations Tax Act (collectively the “Tax Acts”). Under the Electricity Act, 1998, the Corporation makes payments in lieu of corporate taxes to the Ontario Electricity Financial Corporation (“OEFC”). These payments are calculated in accordance with the rules for computing taxable income and taxable capital and other relevant amounts contained in the Tax Acts as modified by the Electricity Act, 1998, and related regulations. Prior to October 1, 2001, the Corporation was not subject to income or capital taxes. Payments in lieu of taxes are referred to as income taxes. Current tax comprises the expected tax payable or receivable on the taxable income or loss for the year, using tax rates enacted or substantively enacted at the reporting date, and any adjustment to tax payable in respect of previous years. Deferred tax is recognized in respect of temporary differences between the tax basis of assets and liabilities and their carrying amounts for accounting purposes. Deferred tax assets are recognized for unused tax losses, unused tax credits and deductible temporary differences to the extent that it is probable that future taxable profits will be available against which they can be used. Deferred tax is measured at the tax rates that are expected to be applied to temporary differences when they reverse, using tax rates enacted or substantively enacted, at the reporting date. (p) Government grants: Government grants received for expenses incurred are recognized in profit or loss as other income on a systematic basis in the periods in which the expenses are recognized. The grants have been recorded on a gross basis. (q) Leases: At the inception of a contract, the Corporation assesses whether a contract is, or contains, a lease. A contract is, or contains, a lease if the contract conveys the right to control the use of an identified asset for a period of time in exchange for consideration. The Corporation, as a lessee, recognizes a right-of-use asset and a lease liability at the lease commencement date. The right-of-use asset is initially measured at cost, which comprises the initial amount of the lease liability adjusted for any lease payments made at or before the commencement date, plus any initial direct costs incurred and an estimate of costs to dismantle and remove any improvements made to the underlying asset. Page 475 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 18 3. Material accounting policies (continued): (q) Leases (continued): The right-of-use asset is subsequently depreciated using the straight-line method from the commencement date to the earlier of the end of the useful life of the right-of-use asset and end of the lease term. In addition, the right-of-use asset is periodically reduced by impairment losses, if any, and adjusted for certain remeasurements of the lease liability. The estimated useful lives are as follows: Asset Basis Rate Property & real estate Straight-line Term of lease Fibre network Straight-line Term of lease Point-of-presence locations Straight-line Term of lease Tower sites Straight-line Term of lease The lease liability is initially measured at the present value of the lease payments that are not paid at the commencement date, discounted using the interest rate implicit in the lease or, if that rate cannot be readily determined, the Corporation’s incremental borrowing rate. Generally, the Corporation uses its incremental borrowing rate as the discount rate. The lease liability is subsequently measured at amortized cost using the effective interest method. It is remeasured when there is a change in future lease payments arising from a change in an index or rate, if there is a change in the Corporation’s estimate of the amount expected to be payable under a residual value guarantee, if the Corporation changes its assessment of whether it will exercise a purchase, extension or termination option or if there is a revised in-substance fixed lease payment. When the lease liability is remeasured in this way, a corresponding adjustment is made to the carrying amount of the right-of-use asset, or is recorded in net income if the carrying amount of the right-of-use asset has been reduced to zero. The Corporation has elected not to recognize right-of-use assets and lease liabilities for leases of low-value assets and short-term leases. The Corporation recognizes the lease payments associated with these leases as an expense on a straight-line basis over the lease term. 4. Materials and supplies: Amount written down due to obsolescence in 2023 was $nil (2022 - $nil). Page 476 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 19 5. Property, plant and equipment: Land and Distribution and buildings other equipment Total Cost or deemed cost Balance at January 1, 2023 $ 24,404,719 $ 310,725,667 $ 335,130,386 Additions 1,642,208 28,534,336 30,176,544 Disposals/retirements – (4,546,691) (4,546,691) Balance at December 31, 2023 $ 26,046,927 $ 334,713,312 $ 360,760,239 Balance at January 1, 2022 $ 23,757,794 $ 281,559,464 $ 305,317,258 Additions 646,925 30,050,984 30,697,909 Disposals/retirements – (884,781) (884,781) Balance at December 31, 2022 $ 24,404,719 $ 310,725,667 $ 335,130,386 Accumulated depreciation Balance at January 1, 2023 $ 3,097,430 $ 78,480,891 $ 81,578,321 Depreciation 430,731 19,760,988 20,191,719 Disposals/retirements – (4,417,846) (4,417,846) Balance at December 31, 2023 $ 3,528,161 $ 93,824,033 $ 97,352,194 Balance at January 1, 2022 $ 2,691,419 $ 67,212,476 $ 69,903,895 Depreciation 406,011 12,019,021 12,425,032 Disposals/retirements – (750,606) (750,606) Balance at December 31, 2022 $ 3,097,430 $ 78,480,891 $ 81,578,321 Carrying amounts At December 31, 2023 $ 22,518,766 $ 240,889,279 $ 263,408,045 At December 31, 2022 21,307,289 232,244,776 253,552,065 At December 31, 2023, PP&E with a carrying value of $263,408,045 (2022 - $253,552,065) are subject to a general security agreement. During the year, no borrowing costs were capitalized as part of the cost of property, plant and equipment. The Corporation has six purchase order commitments outstanding as at December 31, 2023 for property, plant and equipment in the amount of $2,642,708. There are no intangible asset purchase commitments outstanding as at December 31, 2023. PP&E includes fiber network equipment and materials not in use of $5,358,052 (2022 - $8,131,564). Depreciation has not been charged against these assets. Page 477 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 20 6. Intangible assets: Computer software Customer and others Land rights Trademarks relations Total Cost or deemed cost Balance at January 1, 2023 $ 4,014,616 $ 132,776 $ 330,000 $ 11,800,000 $ 16,277,392 Additions 327,158 – – – 327,158 Balance at December 31, 2023 $ 4,341,774 $ 132,776 $ 330,000 $ 11,800,000 $ 16,604,550 Balance at January 1, 2022 $ 3,347,273 $ 132,776 $ 330,000 $ 11,800,000 $ 15,610,049 Additions 667,343 – – – 667,343 Balance at December 31, 2022 $ 4,014,616 $ 132,776 $ 330,000 $ 11,800,000 $ 16,277,392 Accumulated amortization Balance at January 1, 2023 $ 3,234,847 $ 132,776 $ – $ 4,130,000 $ 7,497,623 Amortization 410,187 – – 590,000 1,000,187 Balance at December 31, 2023 $ 3,645,034 $ 132,776 $ – $ 4,720,000 $ 8,497,810 Balance at January 1, 2022 $ 2,931,327 $ 132,776 $ – $ 3,540,000 $ 6,604,103 Amortization 303,520 – – 590,000 893,520 Balance at December 31, 2022 $ 3,234,847 $ 132,776 $ – $ 4,130,000 $ 7,497,623 Carrying amounts At December 31, 2023 $ 696,740 $ – $ 330,000 $ 7,080,000 $ 8,106,740 At December 31, 2022 779,769 – 330,000 7,670,000 8,779,769 7. Right-of-use assets: January 1, December 31, 2023 Additions Depreciation Retirements 2023 Cost Property and real estate $ 720,405 $ 23,356 $ – $ 17,649 $ 726,112 Fibre network 6,399,780 – – 271,174 6,128,606 Point-of-presence locations 956,899 – – 3,486 953,413 Tower sites 231,911 – – 231,911 – 8,308,995 23,356 – 524,220 7,808,131 Accumulated depreciation Property and real estate 286,748 – 94,342 15,539 365,551 Fibre network 1,638,068 – 24,327 223,103 1,439,292 Point-of-presence locations 678,705 – 145,027 3,486 820,246 Tower sites 198,777 – 359,801 221,459 337,119 2,802,298 – 623,497 463,587 2,962,208 Carrying amount $ 5,506,697 $ 23,356 $ 623,497 $ 60,633 $ 4,845,923 Page 478 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 21 8. Leases: The Corporation enters into leases for network infrastructure, equipment and land and buildings in the normal course of business. Lease contracts are typically made for fixed periods but may include purchase, renewal or termination options. Leases are negotiated on an individual basis and contain a wide range of different terms and conditions. When measuring lease liabilities for leases that were previously classified as operating leases, the Corporation discounted lease payments using its average incremental borrowing rate at January 1, 2019. The Corporation estimated its incremental borrowing rates for portfolios of leases with similar characteristics, such as similar risk profiles, same or similar types of security, and similar lease terms. Information about leases for which the Corporation is a lessee is presented below. (a) Right-of-use assets: 2023 Balance on January 1, 2023 $ 5,506,697 Additions 23,356 Retirements (60,633) Depreciation (623,497) Ending balance $ 4,845,923 (b) Lease liabilities: 2023 Balance on January 1, 2023 $ 5,579,878 Additions – Interest on lease liabilities 44,330 Repayments (716,560) Ending balance $ 4,907,648 Page 479 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 22 8. Leases: (c) Maturity analysis for lease liabilities is detailed below. In 2023, consistent with the prior year, the Corporation has included optional lease renewal period where the Corporation has assessed the likelihood of renewal as “reasonably certain”. 2024 $ 485,922 2025 474,151 2026 469,126 2027 434,085 2028 428,426 Thereafter 2,615,938 Total lease liabilities $ 4,907,648 (d) Total cash outflows for leases are presented below. 2023 Payments of lease liabilities $ 716,560 Payments on low-value leases 80,209 Payments on short-term leases 20,931 Total cash outflows $ 817,700 The payments on low-value and short-term leases are included on the statements of comprehensive income in rent in the amount of $600 and in direct operations expense in the amount of $100,540. 9. Regulatory balances: Reconciliation of the carrying amount for each class of regulatory balances: Remaining recovery/ Regulatory deferral account January 1, Recovery/ December 31, reversal debit balances 2023 Additions reversal 2023 years Group 1 deferred accounts $ 7,905,790 $ 1,038,208 $ (2,897,138) $ 6,046,860 1 Regulatory settlement account 161,779 2,388 7,433 171,600 1 – 3 Other regulatory accounts 162,479 150,207 – 312,686 4 Income tax 7,796,487 2,642,997 – 10,439,484 * $ 16,026,535 $ 3,833,800 $ (2,889,705) $ 16,970,630 Page 480 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 23 9. Regulatory balances (continued): Remaining recovery/ Regulatory deferral account January 1, Recovery/ December 31, reversal debit balances 2022 Additions reversal 2022 years Group 1 deferred accounts $ 3,677,818 $ 5,051,426 $ (823,454) $ 7,905,790 1 Regulatory settlement account 211,539 1,317 (51,077) 161,779 1 - 3 Other regulatory accounts 13,734 148,745 – 162,479 4 Income tax 6,423,342 1,373,145 – 7,796,487 * $ 10,326,433 $ 6,574,633 $ (874,531) $ 16,026,535 Remaining recovery/ Regulatory deferral account January 1, Recovery/ December 31, reversal credit balances 2023 Additions reversal 2023 years Group 1 deferred accounts $ (211,922) $ (123,997) $ 48,954 $ (286,965) 1 Regulatory settlement account (433,051) 2,692,412 (2,734,609) (475,248) 1 – 3 Other regulatory accounts (1,626,138) 246,235 (7,869) (1,387,772) 4 Income tax (2,958,314) (700,394) – (3,658,708) * $ (5,229,425) $ 2,114,256 $ (2,693,524) $ (5,808,693) Remaining recovery/ Regulatory deferral account January 1, Recovery/ December 31, reversal credit balances 2022 Additions reversal 2022 years Group 1 deferred accounts $ (141,092) $ (163,571) $ 92,741 $ (211,922) 1 Regulatory settlement account (489,196) 702,408 (646,263) (433,051) 1 - 3 Other regulatory accounts (398,479) (1,227,659) – (1,626,138) 4 Income tax (2,594,431) (363,883) – (2,958,314) * $ (3,623,198) $ (1,052,705) $ (553,522) $ (5,229,425) * The income tax balances will be recovered over the lives of the related capital assets. The regulatory balances are recovered or settled through rates approved by the OEB which are determined using estimates of future consumption of electricity by its customers. Future consumption is impacted by various factors including the economy and weather. The Corporation has received approval from the OEB to establish its regulatory balances. Page 481 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 24 9. Regulatory balances (continued): Settlement of the Group 1 deferral accounts is done on an annual basis through application to the OEB. An application has been made to the OEB to repay the Group 1 deferral accounts as at December 31, 2021. These balances were included in the Corporation’s Incentive Rate Mechanism application in 2022 for rates effective January 1, 2023. Once approval is received, the approved account balance is moved to the regulatory settlement account. Approval from the OEB to repay the regulatory settlement account balance was approved December 8, 2022. The balance is to be repaid over a period of 1 year ending December 31, 2023. The OEB requires the Corporation to estimate its income taxes when it files a COS application to set its rates. As a result, the Corporation has recognized a regulatory deferral account for the amount of deferred taxes that will ultimately be recovered from/paid back to its customers. This balance will fluctuate as the Corporation’s deferred tax balance fluctuates. Regulatory balances attract interest at OEB prescribed rates, which are based on Bankers' Acceptances three-month rate plus a spread of 25 basis points. In 2023 the rate was 5.045% (2022 - 1.92%). 10. Non-revolving line of credit: The non-revolving line of credit bears interest at the Canadian Overnight Repo Rate Average (CORRA) from time to time, plus the CORRA Adjustment, plus 1.00% annum, for periods of 1 or 3 months with interest payable at the end of the interest period. The loan is repayable in full by March 21, 2025. On October 24, 2023 the Corporation temporarily refinanced the bank loan by entering into a three month banker’s acceptance with a yield of 5.692% maturing on January 22, 2024 resulting in a decrease of $20,903 in the debt amount. The Corporation recognized financing fees of $63,600 through and loss relating to the banker’s acceptance. The bank loan is secured by a general security agreement over all of the assets of the Corporation and a guarantee by the City of Niagara Falls. 11. Credit facilities: 2023 2022 Secured bank loans and revolving term credit $ 109,364,123 $ 110,329,852 Current portion of secured bank loans and revolving term credit (17,077,147) (943,363) $ 92,286,976 $ 109,386,489 Page 482 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 25 11. Credit facilities (continued): The secured bank loans and revolving term credit consist of the following: 2023 2022 Meridian Credit Union loan payable - interest only - fixed rate of 2.60% due September 2026 $ 20,000,000 $ 20,000,000 TD loan payable - interest only - fixed rate 2.81% due June 2027 10,000,000 10,000,000 TD loan payable - interest only - fixed rate 3.671% due December 2028 10,000,000 10,000,000 TD loan payable - interest only - fixed rate 2.76% due August 2029 25,600,000 25,600,000 Scotiabank loan payable - interest only - fixed rate of 2.698% due November 2024 10,000,000 10,000,000 Scotiabank loan payable - repayment in equal monthly installments of $76,138 including interest - interest fixed rate of 2.698% due November 2024 4,991,689 5,759,400 TD loan payable - interest only - fixed rate of 1.94% due July 2026 10,000,000 10,000,000 TD revolving term credit - repayment in equal monthly payments of $175,652 plus interest over a ten-year term - floating interest rate (prime +0.50%) 18,772,434 18,970,452 $ 109,364,123 $ 110,329,852 During the year, the Corporation entered into a banker’s acceptance with its bank. The banker’s acceptance resulted in a decrease of $22,366 in the long-term debt amount, which represents the interest accrued on the banker’s acceptance. The amount is shown net with the principal amount of the banker’s acceptance in the current portion of the long-term debt on the balance sheet. Principal repayments are as follows: 2024 $ 17,054,781 2025 2,107,824 2026 32,107,824 2027 12,107,824 2028 12,107,824 Thereafter 33,878,046 109,364,123 Less: current portion (17,077,147) Long-term portion of loan $ 92,286,976 Page 483 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 26 11. Credit facilities (continued): The secured bank loans of $75,600,000 are secured by a general security agreement over all of the assets of the Corporation’s subsidiary Niagara Peninsula Energy Inc. The revolving term credit of $18,794,800 is subject to financial covenants. The Corporation was in compliance with them at December 31, 2023. During 2021, the Corporation obtained a demand revolving credit facility with the Toronto Dominion Bank (“TD”) available in the principal amount of $7,500,000 with a floating interest rate. As at December 31, 2023 the interest rate was prime plus 0.25%. The Corporation has drawn $4,410,000 as at December 31, 2023 on this facility (2022 - $2,590,000). 12. Post-employment benefits: (a) OMERS pension plan: The Corporation provides a pension plan for its employees through OMERS. The plan is a multi-employer, contributory defined pension plan with equal contributions by the employer and its employees. In 2023, the Corporation made employer contributions of $1,265,150 to OMERS (2022 - $1,194,219), of which $305,981 (2022 - $289,288) has been capitalized as part of PP&E and the remaining amount of $959,170 (2022 - $904,979) has been recognized in profit or loss. The Corporation estimates that a contribution of $1,297,681 to OMERS will be made during the next fiscal year. As at December 31, 2023, OMERS had approximately 559,000 members, of whom 103 are current employees of the Corporation. The most recently available OMERS annual report is for the year ended December 31, 2023, which reported that the plan was 97% (2022 - 95%) funded, with an unfunded liability of $4.2 billion (2022 - $6.7 billion). This unfunded liability may result in increases to future payments by participating employers and members. Page 484 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 27 12. Post-employment benefits: (b) Post-employment benefits other than pension: The Corporation pays certain medical and life insurance benefits on behalf of some of its retired employees. The Corporation recognizes these post-employment benefits in the year in which employees’ services were rendered. The Corporation is recovering its post- employment benefits in rates based on the expense and re-measurements recognized for post-employment benefit plans. Reconciliation of the obligation 2023 2022 Defined benefit obligation, beginning of year $ 3,988,520 $ 4,929,236 Included in profit or loss: Current service cost 114,568 180,815 Past service cost – 288,092 Interest cost 195,190 143,003 4,298,278 5,541,146 Benefits paid (288,417) (324,967) Actuarial gain/loss 246,235 (1,227,659) Defined benefit obligation, end of year $ 4,256,096 $ 3,988,520 Actuarial assumptions 2023 2022 Discount (interest) rate 4.60% 5.05% Salary levels 3.50% 3.50% Medical Costs 4.90% 4.70% Dental Costs 5.10% 4.90% A 1% increase in the assumed discount rate would result in the defined benefit obligation decreasing to $3,818,200. A 1% decrease in the assumed discount rate would result in the defined benefits obligation increasing to $4,791,500. Page 485 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 28 13. Income tax expense: Current tax expense (recovery): 2023 2022 Current year $ 55,620 $ (826,487) Deferred tax expense: 2023 2022 Origination and reversal of temporary differences $ 1,755,551 $ 2,290,359 Reconciliation of effective tax rate: 2023 2022 Income before taxes $ 4,243,452 $ 5,633,191 Canada and Ontario statutory Income tax rates 26.5% 26.5% Expected tax provision on income at statutory rates 1,124,514 1,492,796 Increase (decrease) in income taxes resulting from: Permanent differences 368,437 7,653 Taxable dividends (177,709) (385,269) Change in valuation allowance (222,975) 45,837 CMT credit carry forward 65,355 – Other 653,549 – Adjustment to prior year taxes and other – 302,855 Income tax expense $ 1,811,171 $ 1,463,872 Significant components of the Corporation’s deferred tax balances: 2023 2022 Deferred tax assets (liabilities): Property, plant and equipment $ (23,263,761) $(21,843,475) Eligible capital property 11,689,999 11,114,870 Intangible assets (2,276,350) (2,276,350) Post-employment benefits 1,127,865 1,056,958 Timing differences on regulatory assets (1,161,004) (1,579,119) Other reserves 913,947 2,313,363 $ (12,969,304) $ (11,213,753) Page 486 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 29 13. Income tax expense (continued): 2023 2022 Recognized as: Deferred tax asset $ 13,731,811 $ 14,248,730 Deferred tax liability (26,701,115) (25,462,483) $ (12,969,304) $ (11,213,753) 14. Share capital: 2023 2022 Authorized: Unlimited number of common shares Issued: 2,000 common shares $ 29,210,189 $ 29,210,189 Dividends: The holders of the common shares are entitled to receive dividends as declared from time to time. The Corporation paid aggregate dividends in the year on common shares of $615.80 per share (2022 - $981.92), which amount to total dividends paid in the year of $1,231,600 (2022 - $1,963,845). 15. Revenue from contracts with customers and other sources: 2023 2022 Revenue from contracts with customers: Energy sales $ 151,253,723 $ 147,724,263 Distribution revenue 36,710,275 34,927,078 Service 13,107,835 11,725,616 201,071,833 194,376,957 Other revenue 3,774,313 4,303,064 $ 204,846,146 $ 198,680,021 Page 487 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 30 15. Revenue from contracts with customers and other sources (continued): The following table disaggregates energy sales and distribution revenues from contracts with customers by type of customer: 2023 2022 Revenue from contracts with customers: Residential $ 82,085,690 $ 83,264,775 Commercial 34,887,753 34,434,555 Large users 83,057,149 75,708,811 Other 1,041,241 968,816 $ 201,071,833 $ 194,376,957 16. Operating expenses: 2023 2022 Salaries, wages and benefits $ 14,739,511 $ 14,482,462 Materials and supplies 1,230,766 434,515 Vehicle expenditures 714,630 889,770 Outside purchases 14,170,771 11,987,221 Bad debt expenses 560,697 438,000 Depreciation and amortization 14,143,070 14,038,154 $ 45,559,445 $ 42,270,122 17. Finance income and costs: 2023 2022 Finance income: Interest income on bank deposits $ 656,581 $ 376,443 Finance costs: Interest expense on long-term debt 4,444,480 3,439,129 Interest expense on customer deposits 57,563 18,779 Other interest 455,008 308,494 4,957,051 3,766,402 Net finance costs recognized in profit or loss $ 4,300,470 $ 3,389,959 Page 488 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 31 18. Commitments and contingencies: General From time to time, the Corporation is involved in various litigation matters arising in the ordinary course of its business. The Corporation has no reason to believe that the disposition of any such current matters could reasonably be expected to have a materially adverse impact on the Corporation’s financial position, results of operations or its ability to carry on any of its business activities. Letter of Credit The Corporation has arranged for a standby letter of credit of $12,000,000 (2022 - $12,000,000) of which $11,910,187 (2022 - $11,910,187) has been drawn down. The Independent Electricity System Operator is the beneficiary for $11,910,187 (2022 - $11,910,187). This is to provide a prudential letter of credit supporting the purchase of electrical power. General Liability Insurance The Corporation is a member of the Municipal Electric Association Reciprocal Insurance Exchange ("MEARIE"). MEARIE is a pooling of public liability insurance risks of many of the LDCs in Ontario. All members of the pool are subjected to assessment for losses experienced by the pool for the years in which they were members, on a pro-rata basis based on the total of their respective service revenues. As at December 31, 2023, no assessments have been made. 19. Related party transactions: (a) Parent and ultimate controlling party: The shareholder and ultimate control party of the Corporation is the City of Niagara Falls. The City produces consolidated financial statements that are available for public use. These balances are non-interest bearing with no fixed repayment terms. (b) Transactions with ultimate parent: 2023 2022 Revenue: Energy sales (at commercial rates) $ 2,584,266 $ 2,660,204 Other 486,625 487,451 $ 3,070,891 $ 3,147,655 Page 489 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 32 19. Related party transactions (continued): (b) Transactions with ultimate parent (continued): 2023 2022 Expenses: Property taxes $ 179,845 $ 162,511 Water expenses 16,127 11,436 Other miscellaneous expenses 121,787 90,844 $ 317,759 $ 264,791 (c) Transactions with associated parties: 2023 2022 Revenue: Energy sales (at commercial rates): Town of Lincoln $ 607,215 $ 574,248 Township of West Lincoln 293,280 273,261 Town of Pelham 78,369 78,234 Other: Town of Niagara on the Lake 55,514 52,076 $ 1,034,378 $ 977,819 2023 2022 Expenses: Property taxes: Town of Lincoln $ 9,277 $ 8,072 Township of West Lincoln 70,279 67,456 Town of Pelham 940 889 Water expenses: Township of West Lincoln 3,981 3,874 Other miscellaneous expenses: Township of West Lincoln 500 625 Town of Pelham 1,000 1,000 Town of Lincoln 2,850 – Town of Niagara on the Lake 42,998 50,968 $ 131,825 $ 132,884 Page 490 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 33 19. Related party transactions (continued): (d) Key management personnel: The key management personnel of the Corporation have been defined as members of its board of directors and executive management team members. The compensation paid or payable is as follows: 2023 2022 Directors’ fees $ 233,309 $ 188,792 Salaries and other short-term benefits 4,529,023 3,769,949 $ 4,762,332 $ 3,958,741 20. Financial instruments and risk management: Fair value disclosure: The carrying values of cash and cash equivalents, accounts receivable, unbilled revenue, bank overdraft, accounts payable and accrued liabilities approximate fair value because of the short maturity of these instruments. The carrying value of the customer deposits approximates fair value because the amounts are payable on demand. The carrying value of the non-revolving line of credit approximates its fair value since it bears interest at prime. The fair value of the long-term debt at December 31, 2023 is $91 million. The fair value is calculated based on the present value of future principal and interest cash flows, discounted at the current rate of interest at the reporting date. The interest rate used to calculate fair value at December 31, 2023 was 4.92%. Financial risks: The Corporation understands the risks inherent in its business and defines them broadly as anything that could impact its ability to achieve its strategic objectives. The Corporation’s exposure to a variety of risks such as credit risk, interest rate risk, and liquidity risk, as well as related mitigation strategies are discussed below. (a) Credit risk: Financial assets carry credit risk that a counterparty will fail to discharge an obligation which could result in a financial loss. Financial assets held by the Corporation, such as accounts receivable, expose it to credit risk. The Corporation earns its revenue from a broad base of customers located in the City of Niagara Falls, Town of Lincoln, Township of West Lincoln and the Town of Pelham. No single customer accounts for a balance in excess of 10% of total accounts receivable. Page 491 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 34 20. Financial instruments and risk management (continued): Financial risks (continued): (a) Credit risk (continued): The carrying amount of accounts receivable is reduced through the use of an allowance for impairment and the amount of the related impairment loss is recognized in profit or loss. Subsequent recoveries of receivables previously provisioned are credited to profit or loss. The balance of the allowance for impairment at December 31, 2023 is $1,224,306 (2022 - $1,126,229). An impairment loss of $560,697 (2022 - $438,000) was recognized during the year. The Corporation’s credit risk associated with accounts receivable is primarily related to payments from distribution customers. At December 31, 2023, approximately $1,333,003 (2022 - $1,312,682) is considered 60 days past due. The Corporation has over 58,000 customers, the majority of whom are residential. Credit risk is managed through collection of security deposits from customers in accordance with directions provided by the OEB. As at December 31, 2023, the Corporation holds security deposits in the amount of $1,181,519 (2022 - $908,873). (b) Market risk: Market risks primarily refer to the risk of loss resulting from changes in commodity prices, foreign exchange rates, and interest rates. The Corporation currently does not have any material commodity or foreign exchange risk. The Corporation is exposed to fluctuations in interest rates as the regulated rate of return for the Corporation’s distribution business is derived using a complex formulaic approach which is in part based on the forecast for long- term Government of Canada bond yields. This rate of return is approved by the OEB as part of the approval of distribution rates. The Corporation is also exposed to fluctuations in interest rates as the Corporation is charged interest equal to the Bank of Nova Scotia prime rate on the non-revolving line of credit and the Corporation has a floating interest rate of the TD revolving term credit. (c) Liquidity risk: The Corporation monitors its liquidity risk to ensure access to sufficient funds to meet operational and investing requirements. The Corporation’s objective is to ensure that sufficient liquidity is on hand to meet obligations as they fall due while minimizing interest exposure. The Corporation has access to a $30,700,000 credit facility and monitors cash balances daily to ensure that a sufficient level of liquidity is on hand to meet financial commitments as they become due. As at December 31, 2023, $23,182,434 (2022 - $21,560,452) had been drawn under the Corporation’s credit facility. The Corporation also has a bilateral facility for $12 million (the “LC” facility) for the purpose of issuing letters of credit mainly to support the prudential requirements of the IESO, of which $11,910,187 has been drawn and posted with the IESO (2022 - $11,910,187). Page 492 of 547 NIAGARA FALLS HYDRO HOLDING CORPORATION Notes to Consolidated Financial Statements (continued) Year ended December 31, 2023 35 20. Financial instruments and risk management (continued): Financial risks (continued): (c) Liquidity risk (continued): The majority of accounts payable, as reported on the statement of financial position, are due within 30 days. (d) Capital disclosures: The main objectives of the Corporation, when managing capital, are to ensure ongoing access to funding to maintain and improve the electricity distribution system, compliance with covenants related to its credit facilities, prudent management of its capital structure with regard for recoveries of financing charges permitted by the OEB on its regulated electricity distribution business, and to deliver the appropriate financial returns. The Corporation’s definition of capital includes shareholder’s equity and long-term debt. As at December 31, 2023, shareholder’s equity amounts to $101,098,228 (2022 - $98,921,727) and long-term debt amounts to $92,286,976 (2022 - $109,386,489). 21. Subsequent events: Subsequent to the balance sheet date of December 31, 2023, and before the issuance of these financial statements, the Corporation entered into a definitive agreement for the sale of its shares in Niagara Regional Broadband Network Limited. The acquisition was completed on February 5, 2024. The effects of this transaction will be reflected in the Corporation’s 2024 financial statements. On February 5, 2024 and February 7, 2024 respectively, the Corporation fully paid down its operating line of credit of $4,410,000 and long term debt of $18,794,800 using the cash proceeds from the sale of its shares. The Corporation paid $5,000,000 bank loan in full on April 22, 2024. 22. Comparative information: Certain comparative information has been reclassified to conform to the presentation adopted in the current year. There is no impact to profit or loss or equity as a result of reclassification. Page 493 of 547 A Great City … For Generations To Come PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Mackenzie Ceci, MCIP, RPP Senior Planner (Current Development) Date: May 27th, 2025 Re: Supplemental Information Regarding By-law No. 2025-069 Location: 9304 McLeod Road & 0 Beechwood Road (PID 1337) On April 18th, 2023, City Council passed By-law No. 2023-037 to provide for the adoption of City- initiated Amendment No. 147 to the City of Niagara Falls Official Plan. The Amendment, inter alia, proposed to redesignate 9304 McLeod Road and 0 Beechwood Road, referred hereinto as the subject lands, from Industrial to Residential. The Amendment was subsequently approved by Regional Council, subject to modifications, on August 9th, 2023. On August 15th, 2023, City Council passed By-law No. 2023-078 in relation to Zoning By-law Amendment application AM-2023-007, which proposed to rezone the subject lands for residential purposes and to implement and regulate the McLeod Meadows Draft Plan of Subdivision, which was concurrently approved by City Council. Regional Council’s adoption of Amendment No. 147 as it relates to the subject lands and City Council’s passing of By-law No. 2023-078 were appealed to the Ontario Land Tribunal. Following the enactment of Bill 185, the Cutting Red Tape to Build More Homes Act, on June 6th, 2024, the City received a new Official Plan Amendment and Zoning By-law Amendment application (AM-2024-035) and concurrent Draft Plan of Subdivision Modification application (26T-11-2023-002) in November of 2024 to amend the land use designation, zoning, and subdivision of the subject lands. The applications were approved by City Council on January 14th, 2025, and By-law No. 2025-020 to provide for the adoption of Amendment No. 179 and By-law No. 2025-021 to amend Zoning By-law No. 79-200 were subsequently passed by City Council on February 4th, 2025, with the intent of replacing By-law No. 2023-078 and removing the subject lands from Amendment No. 147. By-law No. 2025-020, Amendment No. 179, and the concurrent Draft Plan of Subdivision Modification were unsuccessfully appealed to the Ontario Land Tribunal. Given that By-law No. 2025-020 to provide for the adoption of Amendment No. 179 to the City of Niagara Falls Official Plan and By-law No. 2025-021 to amend Zoning By-law No. 79-200 are now in force and effect, Staff recommend that City Council passes By-law No. 2025-069 on this evening’s agenda, which proposes to repeal the 2023 planning instruments, being By-law No. 2023-037, in part, and By-law No. 2023-078. MC Page 494 of 547 1 Heather Ruzylo From: Mike Strange <mstrange@niagarafalls.ca> Sent: Friday, May 23, 2025 1:46 PM To: William Matson <billmatson@niagarafalls.ca> Subject: Notice of motion for parking pass to include Chippawa boat ramp for more than two hours for Niagara Falls residents Notice of Motion parking pass WHEREAS, the City of Niagara Falls Resident Convenience Parking Pass allows for two consecutive hours at on-street pay parking spaces, and WHEREAS, the purpose of the Resident Pass is to allow residents access to local amenities while enjoying them with their friends and families, and WHEREAS, the pass is not currently valid in municipal parking lots, and WHEREAS, providing an opportunity for residents to utilize this pass in a recreational parking lot like the Chippawa Boat Ramp Parking Lot will add value to residents, and WHEREAS, many other paid lots have more corporate users, like employees and staff using them for work, and WHEREAS, the Chippawa Boat Ramp parking lot is used primarily by boaters and families enjoying this park, dock and waterfront area, and to park while boating, and WHEREAS, a 2 hour time limit on the use of this lot for recreational purposes would impede the opportunity for residents to fully enjoy the benefits of parking in this lot, and WHEREAS, having one recreational parking lot included as a benefit to Resident Parking Pass holders increases value and makes the pass more desirable THEREFORE BE IT RESOLVED, that City Staff include residential use at the Chippawa Boat Ramp Park as part of the Resident Convenience Parking Pass, and allow a longer parking option for passholders there than the current 2-hour time limit the pass affords. Page 495 of 547 1 Notice of Motion – Lines on Roads For Tuesday, May 27th, 2025 • Whereas, since governmental regulations changed, providing higher environmental standards on what paint can be used on roads, lines on roads don’t last long • Whereas, this change has meant that municipalities have to re-paint lines more often, sometimes several times per year to maintain visibility • Whereas, more painting means more trucks on the road, more staff time and more tax dollars • Whereas, faded or barely visible lines on the road are a hazard to drivers • Whereas, it’s extremely challenging to see during inclement weather conditions • Whereas, we shouldn’t have to wait for collision statistics to tell us what we already know- when lines vanish, danger increases • Whereas, The City of Ottawa has already taken the lead on this national concern for safety. Therefore be it resolved that staff come back with some options that meet environmental standards and keep drivers safe, while not re-painting lines several times per year. Page 496 of 547 1 Heather Ruzylo Re: Bubble Zones WHEREAS, we need to protect the right of our residents to worship without threats of intimidation, and WHEREAS, City owned public spaces and spaces in the vicinity of faith-based cultural institutions including streets and sidewalks should feel safe and free from protestors, and WHEREAS, some protests invoke harassment and intimidation, and WHEREAS, those attending religious institutions should be able to do so in peace, and WHEREAS, the history of bubble zones goes back to 1995 where they were first adopted in British Columbia, and WHEREAS, causes that are of international concern are being taken up by local residents and visitors more often as issues on the world stage become increasingly pronounced, and WHEREAS, redirecting political protests away from innocent and vulnerable religious minorities and children will make sure that their rights are not impeded, THEREFORE BE IT RESOLVED, that City Council ask for a staƯ report to review a Bubble Zone Bylaw that would prohibit protests around faith based and cultural institutions and city-owned facilities and property. Page 497 of 547 COMMUNITY MEETING WHEREAS many communities are experiencing homelessness, addiction and mental health challenges; and WHEREAS these challenges are affecting residents and business owners; and WHEREAS the Niagara Region services the City of Niagara Falls with homelessness, addiction and mental health services; and WHEREAS Council receives many phone calls, emails and messages regarding the challenges with encampments, drug activity, safety, unwanted behaviours, garbage and crime; and WHEREAS Council and City staff, the Niagara Region staff, CORE Police Unit, Niagara Regional Police, Niagara Assertive Street Outreach and Gateway Residential & Community Support Services respond to the concerns of residents and business owners on a case-by-case basis. THEREFORE BE IT RESOLVED THAT the City of Niagara Falls arrange a community meeting to discuss the challenges, solutions and a plan to move forward to assist our community. This meeting could include the Niagara Region, Niagara Regional Police, Niagara Assertive Street Outreach, Gateway Residential & Community Support Services, and any other applicable agencies. Page 498 of 547 TRAILER BY-LAW WHEREAS there are currently multiple City by-laws that address trailers and such as issues as: storage, location on property, size, number of days, etc; and WHEREAS the current by-laws do not address different types of trailers and use, such as recreation, utility, tool, haulage, etc; and WHEREAS some municipalities utilize towing the vehicle for non-compliance; and WHERAS the City is utilizing the AMPs system for other non-compliance situations; and THEREFORE BE IT RESOLVED THAT staff review: - the current by-laws that reference trailers to possibly consolidate them. - the ability to address different types of trailers and their uses. - the ability to tow trailers for non-compliance. - the ability to use AMPS for non-compliance. and report their findings to Council for their review. Page 499 of 547 SPECIALIZED TRANSIT WHEREAS it has come to the Niagara Falls Accessibility Advisory Committee’s attention that specialized transit does not service Firemen’s Park; and WHEREAS in collaboration with Niagara Transit staff regarding this service and this motion, the Niagara Falls Accessibility Advisory Committee has approved the same; and WHEREAS the City of Niagara Falls owns Firemen’s Park; and WHEREAS many City events are held at Firemen's Park; and WHEREAS having uploaded service areas from the former operations of Niagara Falls Transit Services, Niagara Transit has not yet expanded service to provide microtransit (including specialized) service to areas outside the urban boundary, including important City locations such as Firemen’s Park; and WHEREAS the City of Niagara Falls is the only municipality in Niagara that has a conventional transit system where unserviced areas are not augmented with commingled microtransit transit service; and WHEREAS many events, including City of Niagara Falls events, take place at locations outside the urban boundary such as Firemen’s Park; and WHEREAS specialized transit, as a part of the commingled service in Niagara, aims to break down mobility barriers and create a truly connected Niagara for residents; and WHEREAS community connection is an important factor in both the physical and mental well-being of all residents, but especially those who are most vulnerable; and WHEREAS Niagara Transit is currently developing it’s first master plan; THEREFORE BE IT RESOLVED that the Council of the City of Niagara Falls request that the Niagara Transit Commission consider, through the master plan and budget processes, adding the service areas not currently within the urban area boundary, but within the municipal boundary of Niagara Falls, to its service area for commingled microtransit; and That a copy of this resolution be forwarded to the Niagara Transit Board as correspondence. Page 500 of 547 1 Heather Ruzylo To:Mona Patel Subject:Notice of Motion - Request for Standard Reporting Timeline Options Notice of Motion: Request for Standard Reporting Timeline Options Title: Request for Staff to Provide Options for a Standard Reporting Timeline for Council-Directed Reports WHEREAS Council frequently requests reports from staff as part of its decision-making process. AND WHEREAS having a consistent and transparent approach to timelines for reporting back would support effective planning, communication, and accountability. AND WHEREAS it is important that any timeline framework be flexible and developed with input from staff, considering the nature of the request and the level of departmental involvement. THEREFORE, BE IT RESOLVED THAT Council kindly request that staff prepare a report outlining options and recommendations for a standard approach to timelines for responding to Council directions that require a report back. AND THAT the report include:  Suggested standard timelines, including the consideration of a fixed 120-day or 150-day timeframe or a reasonable period based on the nature of the request and departmental involvement.  A process for keeping Council informed when more time may be needed.  Potential tools or practices for tracking and updating Council on the status of outstanding items. Page 501 of 547 2 AND THAT staff be asked to bring this report forward within 5 months (154 days) or at the earliest reasonable opportunity thereafter, and to provide updates if more time is needed. Best regards, Mona Patel Niagara Falls City Council Get Outlook for iOS Page 502 of 547 1 Heather Ruzylo Subject:Notice of Motion - Community and Stakeholder Meeting on Lundy’s Lane Planning Motion for Community and Stakeholder Meeting on Lundy’s Lane Planning WHEREAS motels along Lundy’s Lane have recently been converted into long-term bachelor apartments, shifting the corridor from short- term tourist accommodations to long-term residential use. WHEREAS this shift is significantly changing the area’s housing landscape, local economy, and the historic character of Lundy’s Lane. WHEREAS these changes may have lasting impacts—both positive and negative—on residents, local businesses, and the broader vision for the future of Lundy’s Lane. WHEREAS it is important to bring together those directly affected, including residents, business owners, City Council members, the Business Improvement Area (BIA), and city planners, to ensure that future development reflects the needs and interests of the whole community. NOW, THEREFORE, BE IT RESOLVED, that the City directs staff to organize a community and stakeholder planning meeting to openly discuss the impact of these changes and help shape a collective path forward for Lundy’s Lane. BE IT FURTHER RESOLVED that the meeting would bring together business owners, residents, City Council members, BIA representatives, and city planners to explore the following topics:  The Impact of Motel Conversions: How the transformation of motels into long-term residential units is affecting housing, the tourism economy, and the overall character of the area.  The Future Vision for Lundy’s Lane: Community input on how the area should evolve, with a focus on achieving a healthy balance between residential needs, tourism, and local economic vitality. Page 503 of 547 2  Zoning and Land Use: Reviewing whether current zoning supports this evolving area and assessing whether updates are needed to manage future development responsibly.  Affordable Housing: Discussing how to ensure a variety of housing options are available for future residents while maintaining the area’s mixed-use identity.  Impact on Local Businesses from Land Use Changes: Understanding how the decline of tourist accommodations and the introduction of permanent residential units may affect foot traffic, customer base, and business sustainability along Lundy’s Lane.  Understanding the Impact on Social Services: Exploring how increased residential density may place new demands on social services, and how to ensure that future residents have access to housing supports, reliable transportation, and community programs.  Changing the Landscape of Historic Lundy’s Lane: Discussing how these changes may affect the historic character of Lundy’s Lane and what steps can be taken to preserve the area’s heritage while accommodating growth. BE IT FURTHER RESOLVED, that City staff will organize and facilitate the meeting, ensuring that all interested parties—including residents, business owners, City Council members, BIA representatives, and service providers—are invited to participate, helping to ensure that Lundy’s Lane remains a vibrant, livable, and sustainable part of the city. Page 504 of 547 MOTION: Construction hole in Chippawa WHEREAS, residents of Chippawa have expressed concerns about the construction hole in the ground visible to visitors and residents as they enter the Village of Chippawa, and WHEREAS, this construction site has had no momentum on construction in a number of years and has become defunct, and WHEREAS, this is a safety and health concern for residents, and WHEREAS, this is a disgrace to our City and the entrance to the Village of Chippawa, and WHEREAS, this inoperative construction site, has become an attractor for garbage and debris, THEREFORE BE IT RESOLVED that City Council work with the property owners, utilizing penalties and financially punitive tools in order to address this unsightly hole, to enforce the erection of proper construction hoarding and to ensure property standards to be enforced. Page 505 of 547 Motion: Beer and wine sales allowable times WHEREAS, Niagara Falls a destination City and one of the top visitor locations in Canada, and WHEREAS, travelers come to Niagara Falls from all over the world, and WHEREAS, visitors expect when they are here to be able to enjoy entertainment and alcoholic beverages throughout their stay, including into the evening, similar to other marquis destinations, and WHEREAS, visitors are only allowed to purchase alcohol, beer and wine in convenience stores, until 11PM, and WHEREAS, being able to purchase alcoholic beverages at convenience stores after 11PM through to 1AM would allow visitors a wider range of opportunity, THEREFORE BE IT RESOLVED that City Council enact a Bylaw allowing convenience stores to sell beer and wine until 1AM. Page 506 of 547 Motion: CPR training for City Staff WHEREAS, recently there was a City staff member who saved a life as they were in the right place at the right time and had the appropriate CPR training to do so, and WHEREAS, City Staff are employed to help residents and if trained in CPR this would be one more way they could put this into practice, and WHEREAS, there are approximately 600 City Staff Members, and WHEREAS, the community could benefit from 600 trained people who could administer CPR, and WHEREAS, this is something that all City Staff could benefit from knowing, including City Council Members, and WHEREAS, having seen the positive impact of a trained volunteer City of Niagara Falls Firefighter saving a life, we acknowledge that there is much more opportunity to have all City Employees trained, THEREFORE BE IT RESOLVED that Staff create a program offering CPR training to all City Staff and Councillors. Page 507 of 547 Page 508 of 547 Page 509 of 547 Page 510 of 547 Page 511 of 547 Page 512 of 547 Page 513 of 547 Page 514 of 547 Page 515 of 547 Page 516 of 547 Page 517 of 547 CITY OF NIAGARA FALLS By-law No. 2025-063 A by-law to amend By-law No. 79-200 to permit the use of the Lands for the purpose of an apartment dwelling with two-storey units integrated at grade, subject to a 3-year sunset clause (AM-2024-029). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by-law. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be the uses permitted in the R5F zone. 5. The regulations governing the permitted uses shall be: (a) Minimum lot area 47.4 (510.2 sq. ft.) square metres for each dwelling unit (b) Front lot line Garner Road shall be deemed the front lot line for the purposes of this by-law (c) Minimum front yard depth 3 metres + 13 metres from the centreline of Garner Road (d) Minimum exterior side yard width 6 metres 3 metres to the daylighting triangle (e) Maximum lot coverage 36% Page 518 of 547 2 (f) Parking and access requirements 1.1 parking spaces for each dwelling unit (g) Minimum landscaped open space 28% of the lot area (h) Minimum amenity space for an apartment dwelling unit or stacked townhouse dwelling unit 7.4 square metres for each dwelling unit (i) Maximum projection of unsupported canopies, eaves or gutters into any required yard 1.8 metres into any required yard (j) The balance of the regulations specified for an R5F use. 6. For the purposes of this by-law: “Height” means the perpendicular distance measured from the average finished grade level at the front elevation of such building to the highest point of the roof but exclusive of any water tank, ventilating fan, air conditioning and heating unit, elevator or mechanical penthouse or similar enclosure used solely for accommodating machinery or equipment for the mechanical operation of such building. Notwithstanding Section 4.7 of By-law No. 79-200, elevator or other mechanical penthouse, enclosed stairwells, roof access, maintenance units, window washing equipment, chimneys, vents, architectural features, parapets, green roof, planters, landscaping features, guard rails, privacy screens, noise and acoustic barriers, wind screens, trellises, pergolas with a maximum height of 6 metres may exceed the maximum height of the building. “Storey” means the portion of a building, other than a basement, cellar, attic, mezzanine floor, or mechanical penthouse, between the surface of one floor and the surface of the floor, ceiling or roof next above it. “Mezzanine level” does not constitute a storey and is a level located between the first storey and the second full storey of a building, provided that the gross floor area of the mezzanine level shall not exceed 50 percent of the gross floor area of the first storey in the building. 7. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. Page 519 of 547 3 10. Should the owner of the Lands not execute a Site Plan agreement, to the satisfaction of the City, within 3 years of this by-law coming into effect, then this by-law shall be deemed to be repealed and the zoning of the lands zoned R5F- 1290 shall be of no force and effect, and the zoning of the Lands will revert to the TC zone. 11. Notwithstanding clause 10 above, the approval of this by-law may be extended by 1 year at the discretion of the General Manager of Planning, Building and Development. 12. The provisions of this by-law shall be shown on Sheet B5 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from TC to R5F-1290. 13. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1290 Refer to By-law No. 2025-063. Read a First, Second and Third time; passed, signed and sealed in open Council this 27th day of May, 2025. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 520 of 547 NiagaraJWTs SCHEDULE 1TO BY-LAW NO.2025-063 Area Affected by this Amendment Amending Zoning By-law No.79-200 Description:Part Township Lot 139,Stamford,Part 1&2,59R-17239,except Plan 59M-510;City of Niagara Falls Applicant:Jeremiah Rudan Assessment:272510000603901 K:\GIS_Requests\2024\Schedule\Zoning\Zoning2024.aprx AM-2024-029 5/9/2025 1198815 ONTARIO LTD. Page 521 of 547 CITY OF NIAGARA FALLS By-law No. 2025-064 A by-law to amend By-law No. 1538 and By-law No. 79-200 to permit the use of Lands in accordance with the permitted uses and regulations contained in this by-law, subject to the removal of a holding (H) symbol (AM- 2023-013). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the “Lands”. 2. None of the provisions of By-law No. 1538 (1958) shall apply to prevent the Lands from being added to and placed under the control of By-law No. 79-200. 3. The Lands shall be identified as three parcels, known as Parcels PI(H)-1291, PI(H)-1292 and EPA. 4. The purpose of this by-law is to amend the provisions of By-law No. 79-200, to permit the use of the Lands in a manner that would otherwise be prohibited by this by-law and recognize the zoning of the Lands under By-law 79-200. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law No. 79-200, the provisions of this by-law are to prevail. 5. Notwithstanding any provision of By-law No. 79-200 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 6. The permitted uses shall be: (a) For Parcels PI(H)-1291 and PI(H)-1292: (i) Manufacturing (ii) Cold storage plant (iii) Ice manufacturing plant (iv) Laboratories (v) Public garage (mechanical) (vi) Warehouse Page 522 of 547 2 (vii) Winery (viii) Office and retail uses which are accessory to a permitted use (b) For Parcel EPA, the uses permitted in the EPA Zone. 7. The regulations governing the permitted use of a warehouse in Parcel PI(H)-1291 shall be: (a) Minimum front yard depth 8.5 metres to the canopy + 11.5 metres to the centreline of Grassybrook Road (b) The balance of the regulations specified for a PI use. 8. Except as specified in section 7 of this by-law, the regulations governing the permitted uses for Parcels PI(H)-1291 and PI(H)-1292 shall be those regulations specified for a PI use. 9. All uses, buildings and structures, including existing recreational uses and health centres, where existing on the Lands as of the effective date of this by-law shall be permitted to continue. 10. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to section 36 of the Planning Act. No person shall use the lands shown hatched and identified as PI(H)-1291 and PI(H)-1292 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, an overall servicing strategy must be determined to the satisfaction of Regional and City Staff. 11. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 12. No person shall use the Lands for a use that is not a permitted use. 13. No person shall use the Lands in a manner that is contrary to the regulations. 14. The provisions of this by-law shall be shown on Sheet B7 of Schedule “A” of By- law No. 79-200 by redesignating the Lands from RA and SD to PI(H)-1291, PI(H)- 1292 and EPA. 15. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1290 Refer to By-law No. 2025-063. Read a First, Second and Third time; passed, signed and sealed in open Council this 27th day of May, 2025. Page 523 of 547 3 ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 524 of 547 Page 525 of 547 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2025 - 066 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Limited Parking, Parking Meter Zones) --------------------------------------------------------------- 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 adding to the specified columns of Schedule E thereto the following items: LIMITED PARKING COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES OR DAYS COLUMN 5 MAXIMUM PERIOD PERMITTED Main Street East A point 28 metres north of Peer Street and a point 60 metres north of Peer Street 9:00am. To 5:00 p.m. Mon. to Fri. 15 minutes Main Street West A point 25 metres north of Barker Street and a point 50 metres north of Barker Street 9:00am. To 5:00 p.m. Mon. to Fri. 15 minutes Page 526 of 547 (b) by removing from the specified columns of Schedule G thereto the following items: PARKING METER ZONES COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 FEES COLUMN 5 MAXIMUM HOURS COLUMN 6 TIMES/DAYS Main St. East Peer Street and Lundy’s Lane / Ferry Street Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Max duration as Displayed on the Parking meter, Pay & Display machine or pay by phone parking app 9:00 a.m. to 5:00 p.m. Except Sat., Sun. and Hol. Main Street West The southwest corner of Summer Street and the southwest corner of Culp Street Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Max duration as Displayed on the Parking meter, Pay & Display machine or pay by phone parking app 6:00 a.m. to 3:00 a.m. Daily Main Street East The southeast corner of Lundy’s Lane and the Northeast corner of Robinson Street Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Max durations as displayed on the parking meter, Pay & Display machine or pay by phone parking app 6:00 a.m. to 3:00 a.m. Daily (c) by adding to the specified columns of Schedule G thereto the following items: PARKING METER ZONES COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 FEES COLUMN 5 MAXIMUM HOURS COLUMN 6 TIMES/DAYS Main Street East Lundy’s Lane / Ferry Street and a point 85 metres south of Lundy’s Lane / Ferry Street Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Max duration as Displayed on the Parking meter, Pay & Display machine or pay by phone parking app 9:00 a.m. to 5:00 p.m. Except Sat., Sun. and Hol. Main Street West The southwest corner of Summer Street and a point 46 metres south of Lundy’s Lane / Ferry Street Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Max duration as Displayed on the Parking meter, Pay & Display machine or pay by phone parking app 9:00 a.m. to 5:00 p.m. Except Sat., Sun. and Hol. Main Street East Peer Street and Robinson Street Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Max duration as Displayed on the Parking meter, Pay & Display machine or pay by phone parking app 9:00 a.m. to 5:00 p.m. Except Sat., Sun. and Hol. Page 527 of 547 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 27th day of May, 2025. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 528 of 547 CITY OF NIAGARA FALLS By-law No. 2025 - 067 A by-law to establish Part 9 on Plan 59R-13279 as a public highway to be known as, and to form part of Dorchester Road. WHEREAS Council approved In-Camera Report MW-2024-44 on November 12, 2024, and the City acquired Part 9 on Plan 59R-13279 from Ontario Power Generation, an active part of Dorchester Road located between the CP Railway crossing and the Conrail Drain, in exchange for Part 4 on Plan 59R-13279, a chevron shaped piece of land within OPG Canal lands; AND WHEREAS Section 31(2) of the Municipal Act, 2001, provides, that after January 1, 2003, land may only become a highway by virtue of a by-law establishing the highway and not by the activities of the municipality or any other person in relation to the land, including the spending of public money; AND WHEREAS it is deemed desirable to declare Part 9 on Plan 59R-13279, as a public highway, forming part of Dorchester Road. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Part 9 on Plan 59R-13279, being part of PIN 64443-0371 (LT) (the “Subject Lands”) is hereby established, laid out and declared as a public highway forming part of Dorchester Road, for public use. 2. That upon passage of this by-law, the City Solicitor is hereby authorized to cause a copy of this by-law to be registered against the Subject Lands in the Land Registry Office. 3. That the City Clerk is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law or its schedules after the passage of this by-law. Read a First, Second and Third time; passed, signed and sealed in open Council this 27th day of May, 2025. ................................................................ ....................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 529 of 547 CITY OF NIAGARA FALLS By-law No. 2025 - 068 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 Schedule “C” and that Schedule “C” attached hereto shall be inserted in lieu thereof. Read a first, second, third time and passed. Signed and sealed in open Council on this 27th day of May, 2025. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 530 of 547 SCHEDULE “C” 1. Parking By-law Enforcement Officers: Paul Brown Mike Formica Lee Halliday Jana Mills Brian Sparks Patrick Vernon Heather Stones Chris Daniele Kaven Bowen Richard Comilang Amanda Diprose John Garvie Jay Modi Tony Shivpershad Romane Wilson Eve Matyskiewicz Jaxon Beaman Stew Frerotte Douglas Goodings Sam Allatt Page 531 of 547 CITY OF NIAGARA FALLS By-law No. 2025-069 A by-law to repeal By-law No. 2023-037, in part, which provided for the adoption of Amendment No. 147 to the City of Niagara Falls Official Plan, and to repeal By-law No. 2023-078, which amended By-law No. 79-200 for the purpose of regulating the development of the McLeod Meadows Plan of Subdivision. WHEREAS the lands that are the subject of and affected by the provisions of this by-law are legally described as Part of Lot 181 Stamford, being Part 1 on 59R-16846, being all of PIN 64263-1595 (LT) and Part of Lot 181 Stamford, being Part 2 on 59R-16846, being all of PIN 64263-1596 (LT) and known municipally as 9304 McLeod Road and 0 Beechwood Road and shall be referred to in this by-law as the “Lands”; AND WHEREAS City Council passed By-law No. 2023-037 on April 18th, 2023 to provide for the adoption of Amendment No. 147 to the City of Niagara Falls Official Plan, which redesignated the Lands to residential, and was subsequently approved by Regional Council, subject to modifications, on August 9th, 2023; AND WHEREAS City Council passed By-law No. 2023-078 on August 15th, 2023 to amend By-law No. 79-200 for the purpose of regulating the development of the McLeod Meadows Plan of Subdivision on the lands; AND WHEREAS Regional Council’s adoption of Amendment No. 147 as it relates to the Lands and City Council’s passing of By-law No. 2023-078 were appealed to the Ontario Land Tribunal; AND WHEREAS the City received new development applications to amend the land use designation and zoning of the Lands in November of 2024 following the enactment of Bill 185, the Cutting Red Tape to Build More Homes Act, on June 6th, 2024; AND WHEREAS City Council passed By-law No. 2025-020 to provide for the adoption of Amendment No. 179 to the City of Niagara Falls Official Plan and By-law No. 2025-021 to amend Zoning By-law No. 79-200 on February 4th, 2025 in relation to the modification of the approved McLeod Meadows Draft Plan of Subdivision on the Lands with the intent of replacing By-law No. 2023-078 and removing the Lands from Amendment No. 147; AND WHEREAS By-law No. 2025-020 to provide for the adoption of Amendment No. 179 to the City of Niagara Falls Official Plan and By-law No. 2025-021 to amend Zoning By- law No. 79-200 are now in force and effect. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That By-law No. 2023-037 is hereby repealed, in part, by deleting Map 4 and Section 2 (o) xviii) Policy 13.87 SPECIAL POLICY AREA “87”, and any references thereto or to Special Policy Area 87 in Amendment No. 147. 2. That By-law No. 2023-078 is hereby repealed. Page 532 of 547 2 Read a First, Second and Third time; passed, signed and sealed in open Council this 27th day of May, 2025. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 533 of 547 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2025 - 071 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited, Limited Parking, Metered Parking Zones) --------------------------------------------------------------- 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 A thereto the following item: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Front Street Both Portage Road and a point 29m southwest of Portage Road At All Times b) by removing from the specified columns of Schedule E thereto the following item: LIMITED PARKING COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS COLUMN 5 MAXIMUM PERIOD PERMITTED Front Street Both A point 29m southwest of Portage Road and a point 80m southwest of Portage Road At All Times 2 hours Page 534 of 547 c) by removing from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Front Street Southeast A point 80m southwest of Portage Road and Norton Street At All Times d) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Front Street Northwest Portage Road and a point 38 metres southwest of Portage Road At All Times Front Street Southeast Portage Road and a point 45 metres southwest of Portage Road At All Times e) by adding to the specified columns of Schedule G thereto the following items: PARKING METER ZONES COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 FEES COLUMN 5 MAXIMUM HOURS COLUMN 6 TIMES/DAYS Front Street Northwest A point 38 metres southwest of Portage Road and a point 80 metres southwest of Portage Road Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Max duration as displayed on the Parking meter, Pay & Display machine or pay by phone parking app 6:00 a.m. to 2:00 a.m. Front Street Southeast A point 45 metres southwest of Portage Road and a point 66 metres southwest of Portage Road Min hourly $0.50 Min daily $4.00 Max hourly $5.00 Max daily $20.00 Max event $40.00 Max duration as displayed on the Parking meter, Pay & Display machine or pay by phone parking app 6:00 a.m. to 2:00 a.m. Page 535 of 547 f) by adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 HIGHWAY COLUMN 2 SIDE COLUMN 3 BETWEEN COLUMN 4 TIMES/DAYS Front Street Southeast A point 66 metres southwest of Portage Road and Norton Street At All Times 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 27th day of May, 2025. ............................................................... ........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 536 of 547 CITY OF NIAGARA FALLS By-law No. 2025 – 072 A by-law to establish a Municipal Accommodation Tax and repeal By-law No. 2025-009 WHEREAS The Corporation of the City of Niagara Falls may, by by-law, impose a tax in respect of the purchase of transient accommodation in the municipality, in accordance with Part XII.1 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended, (the “Act”), and the Transient Accommodation Tax Regulation O. Reg. 435/17; AND WHEREAS The Corporation of the City of Niagara Falls has passed by-laws for the establishment of a Municipal Accommodation Tax to be imposed on the purchase of short-term accommodations within the City of Niagara Falls; AND WHEREAS pursuant to section 400.1 of the Act and the O. Reg. 435/17, the Council of The Corporation of the City of Niagara Falls wishes to establish the tax rate and to levy on the purchase of transient accommodation within the City of Niagara Falls; AND WHEREAS pursuant to sections 400.1(3) and 400.4 of the Act, Council can establish enforcement measures as Council considers appropriate if an amount assessed for outstanding tax, penalties or interest remains unpaid after it is due; AND WHEREAS after due consideration, evaluation and consultation, the Council for The Corporation of the City of Niagara Falls has decided to repeal the previous Municipal Accommodation Tax By-law, as amended, and establish a new By-law in order to better support the City of Niagara Falls as a world class destination; AND WHEREAS the revenue to be generated by the Municipal Accommodation Tax is to be shared with a non-profit entity for the promotion of the City of Niagara Falls as a world class tourism destination; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Definitions 1.1 For the purposes of this By-law: 1.1.1 “Accommodation” means lodging, and the right to use lodging, that is provided for consideration, whether or not the lodging is actually used; 1.1.2 “Accommodation Property” includes: Page 537 of 547 2 1.1.2(1) a hotel, motel, inn, bed and breakfast, whole home vacation rental, vacation rental unit or other such lodging; and 1.1.2(2) the use of a bedroom, a suite of rooms containing a bedroom, or the use of a bed within a bedroom; 1.1.3 “City” means The Corporation of the City of Niagara Falls; 1.1.4 “Council” means the Council of The Corporation of the City of Niagara Falls; 1.1.5 “Eligible Tourism Entity” has the meaning given to it in O. Reg. 435/17, as amended, and may include one or more such entities; 1.1.6 “Establishment” means the physical location, a building or part of a building that provides Accommodation; 1.1.7 “Municipal Accommodation Tax” or “MAT” means the tax imposed under this By-law. This tax is applied on top of charges for tourist accommodation for each night of stay; 1.1.8 “Priority Destination Spending” has the meaning given to it in Section 11;and 1.1.9 “Transient Accommodation Provider” means the person or legal entity that operates an Accommodation Property. 2. Purpose of the Municipal Accommodation Tax 2.1 The purpose of the MAT is to support and grow the tourism industry in the City of Niagara Falls and to improve the livability of the City for the residents of Niagara Falls. 2.2 The identified goals of the MAT include, but are not limited to: 2.2.1 Increase tourism visitation; 2.2.2 Increase total tourism spend; 2.2.3 Increase tourism asset development and tax assessment; and 2.2.4 Undertake environmental sustainability initiatives in support of the tourism industry and the broader community. Page 538 of 547 3 2.3 The MAT can support a number of activities including, but not limited to: 2.3.1 Destination marketing; 2.3.2 Special events; 2.3.3 In destination activities; 2.3.4 Demand generation development; 2.3.5 Convention and meeting attraction support; 2.3.6 Supporting Regional wide activities that will lead to economic activity in the City of Niagara Falls; 2.3.7 Beautification activities; 2.3.8 Infrastructure development; 2.3.9 Sports tourism activities; 2.3.10 Tourism studies; and 2.3.11 Cost to administer the program. 3. Application of Municipal Accommodation Tax 3.1 A purchaser shall, at the time of purchasing or otherwise acquiring Accommodation, being Accommodation for a continuous period of less than twenty-eight (28) nights in an Accommodation Property, pay a Municipal Accommodation Tax as prescribed in this By-law. For further clarity even if the travelling public purchases or otherwise acquires Accommodation for a period exceeding twenty-eight (28) nights and a landlord tenant relationship is not established then the MAT will apply. 3.2 A Transient Accommodation Provider, providing Accommodation for a continuous period of less than twenty-eight (28) nights in an Accommodation Property, or for periods greater than twenty-eight (28) nights but where a landlord tenant relationship is not established, shall include on every invoice or receipt for the purchase of short-term accommodation, a separate item for the amount of the Municipal Accommodation Tax imposed on the purchase. Page 539 of 547 4 3.3 The Municipal Accommodation Tax shall be applied based on the rating of the Accommodation Property in the following amounts: 3.3.1 Five (5) Star - Seven Dollars ($7.00); 3.3.2 Four (4) Star - Six Dollars ($6.00); 3.3.3 Three (3) Star - Five Dollars ($5.00); 3.3.4 Two (2) Star - Four ($4.00); and 3.3.5 Unrated properties - Five ($5.00). 3.3.6 That the Municipal Accommodation Tax move to 4% of the Room Rate effective April 1, 2026. 3.3.7 That the Municipal Accommodation Tax move to 5% of the Room Rate effective April 1, 2027. 3.4 The amount of the tax entered pursuant to section 3.3 above, shall be identified as the Municipal Accommodation Tax on the invoice or receipt, as the case may be. 4. Exemptions 4.1 Municipal Accommodation Tax imposed by subsection 3 above, does not apply to: a. the Crown, every agency of the Crown in right of Ontario, and every authority, board, commission, corporation, office, organization of persons a majority of whose directors, members or officers are appointed or chosen by or under the authority of new Lt. Gov. in Council or a member of the Executive Council; b. every board as defined in subsection 1(1) of the Education Act, R.S.O. 1990, c. E.2; c. every university in Ontario and every college of applied arts and technology and postsecondary institution in Ontario, whether or not affiliated with the university, the enrolments of which are counted for the purposes of calculating annual operating grant entitlements from the Crown on accommodations provided to students while a student is registered and attending the institution; d. every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health and Long-Term Care under the Public Hospitals Act, R.S.O. 1990, c. P.40, and every private hospital under the authority license issued under the Private Hospitals Act, R.S.O. 1990, c. P.24; Page 540 of 547 5 e. every long-term care home as defined in subsection 2(1) of the Long-Term Care Homes Act, 2007, S.O. 2007, c. 8, retirement home, and hospice; f. every treatment center that receives provincial aid under the Ministry of Community and Social Services Act, R.S.O. 1990, c. M.20; g. every house of refuge, or watching for the reformation of offenders; h. every charitable, non-profit philanthropic corporation organized as shelters for the relief of the poor or for emergency; i. every tent or trailer site supplied by a campground, tourist or trailer park; j. every accommodation supplied by employers to their employees in the premises operated by the employer; and k. every hospitality room in an establishment that does not contain a bed and is used for displaying merchandise, holding meetings, or entertaining. 5. Change in Municipal Accommodation Tax Rates 5.1 In the event an expansion to the Niagara District Airport is approved by the Niagara District Airport Commission and the municipal owners of the airport, there shall be a minimum One Percent (1%) increase to the MAT set out in section 3.3 above, for all Accommodation Properties. This additional tax increase will be used to support the capital cost of such expansion and/or marketing support for airport activities. 5.2 In the event a visitor transportation system is developed and implemented within the City of Niagara Falls, there shall be a minimum One Percent (1%) increase to the MAT set out in section 3.3 above, for all Accommodation Properties. 5.3 In the event the Province of Ontario or the Government of Canada provides a materially significant funding source that requires matching contributions from the City, the MAT may be increased for such purpose. 5.4 Other MAT rate increases (in addition to the automatic minimum $1.00 increase under each of Sections 5.1 and 5.2 and any increase under Section 5.3) can be undertaken by Council with a minimum ninety (90) days’ notice period to the tourism industry. Prior to a MAT increase pursuant to this subsection, Council requires formal industry consultation, adequate study and review including, but not limited to, a third-party review of the performance of the current activities, a competitive analysis of other North American destinations, and a formal plan with articulated goals of the additional or incremental MAT increase. 5.5 In the event of a request from the Eligible Tourism Entity to Council for a change in the MAT rate, Council shall evaluate this request. Page 541 of 547 6 6. Tax Collected by Transient Accommodation Provider 6.1 A Transient Accommodation Provider shall include on every invoice or receipt for the purchase of Accommodation, a separate item identified as "Municipal Accommodation Tax” setting out the amount of Municipal Accommodation Tax imposed on the purchase. 6.2 A Transient Accommodation Provider shall collect the Municipal Accommodation Tax from the purchaser at the time the Accommodation is purchased or otherwise acquired. 6.3 The Municipal Accommodation Tax collected by Transient Accommodation Providers shall be remitted to the Treasurer of the City of Niagara Falls, or their designate, on the last day of each month by electronic transfer. 6.4 Each Transient Accommodation Provider that remits the Municipal Accommodation Tax shall forward to the Treasurer of the City of Niagara Falls, or their designate, a completed Remittance Form by e-mail addressed to finance@niagarafalls.ca. 6.5 The City may assess an assumed amount of MAT tax owing if the Transient Accommodation Provider fails to provide payment and/or reporting as required in accordance with the provisions of this By-law. 7. Penalties and Interest 7.1 Penalties and interest at the rate applicable to overdue property taxes shall be payable by a Transient Accommodation Provider on the non-payment of the full amount of the Municipal Accommodation Tax by the due date set out in the notice, and interest may be added on the first day of default and on each month thereafter in which the default continues. 8. Liens 8.1 All Municipal Accommodation Tax penalties and interest that are past due shall be deemed by the City Treasurer to be in arrears, and shall be transferred to the Transient Accommodation Provider’s property tax roll to be collected by the City in the same manner as municipal property taxes and shall constitute a lien upon the Accommodation Property. Page 542 of 547 7 9. Audit and Inspection 9.1 Every Transient Accommodation provider shall keep books of account, records, and documents sufficient to furnish the City and its designated tax collectors with the necessary particulars of sales of Accommodation, amount of MAT collected and remittance. 9.2 The City’s Treasurer or their designate, may inspect and audit all books, documents, transactions and accounts of Transient Accommodation Providers and require Transient Accommodation Providers to produce copies of any documents or records within a reasonable time required for the purposes of administering and enforcing this By-law, as required. 9.3 The cost of audits for the Transient Accommodation Providers, pursuant to this section 9, will be shared equally by the Eligible Tourism Entity and the City. 10. Eligible Tourism Entity 10.1 The City will enter into an agreement with an Eligible Tourism Entity effective January 1, 2026. 10.2 The members of an Eligible Tourism Entity must represent a broad cross-section of the local tourism industry. 10.3 The Eligible Tourism Entity will be required to develop a five (5) year strategy document for the promotion of Niagara Falls as a world class tourism destination, as well as an annual plan. The strategy document and annual plans will be presented to Council along with progress updates in relation to the plan and the goals of the MAT. 10.4 The Eligible Tourism Entity will be responsible for the prudent spending of allocated MAT resources and for all necessary financial reporting and record keeping. 10.5 The Chief Administrative Officer (CAO) for the City of Niagara Falls, or designate, is hereby delegated the authority to enter into agreements, including all necessary documents ancillary thereto, with any Eligible Tourism Entity that will receive a share of the MAT revenue, respecting reasonable financial accountability matters, among other things, in order to ensure that amounts paid to the Eligible Tourism Entity are used for the exclusive purpose of promoting Niagara Falls tourism. All such agreements shall be in a form satisfactory to the City’s solicitor. Page 543 of 547 8 11. Allocation of Municipal Accommodation Tax Revenue 11.1 The MAT revenue will be allocated into three envelopes of funding, in accordance with Part XII.1 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended, (the “Act”), and the Transient Accommodation Tax Regulation O. Reg. 435/17. 11.2 The first envelope is for Priority Destination Spending. This spending will be determined by the Eligible Tourism Entity and the City through the strategic plan. This funding will be in priority to other spending allocations, save and except for the administrative costs incurred by the City to administer the MAT. 11.3 Priority Destination Spending will be the largest funding envelope and will be for the exclusive purpose of promoting tourism for items such as but not limited to: 11.3.1 Destination marketing; 11.3.2 Convention and meeting support; 11.3.3 In-destination marketing and activation; 11.3.4 Premiere special events; and 11.3.5 Airport and visitor transportation system spending. 11.4 The Eligible Tourism Entity will be responsible for the spending and reporting of the Priority Destination Spending. 11.5 The remaining MAT funding will be divided into two equal envelopes. One envelope will be allocated to the City and the other to the Eligible Tourism Entity. 11.6 The funding allocated to the City will be used for items such as, but not limited to: 11.6.1 The administration of the MAT; 11.6.2 Infrastructure projects in tourism areas; 11.6.3 Sports tourism; 11.6.4 Cultural events; 11.6.5 Beautification of the City; 11.6.6 Research and studies; 11.6.7 Wayfinding; and 11.6.8 By-law enforcement activities. Page 544 of 547 9 11.7 The Eligible Tourism Entity will utilize its allocated funds for the exclusive purpose of promoting tourism for items such as but not limited to: 11.7.1 Administration of the program; 11.7.2 Other marketing or demand generating activities as developed by the Eligible Tourism Entity; and 11.7.3 Development of strategic plans and studies. 12. Budget Development and Reporting 12.1 Both the City and the Eligible Tourism Entity will annually create and present a budget and operating plan to the board of the Eligible Tourism Entity and Council. 12.2 Both the City and the Eligible Tourism Entity will, on an annual basis, present a report on the spending and performance to the stated goals of the MAT. 12.3 The Eligible Tourism Entity will provide audited statements to Council on an annual basis. 12.4 The City and Eligible Tourism Entity will develop a strategic plan on a five (5) year or lesser basis which will guide the activities of the MAT. 13. Offence and Penalties 13.1 Every person who contravenes any provision of this By-law is guilty of an offence as provided for in subsection 429(1) of the Act, and all such offences are designated as continuing offences as provided for in subsection 429(2)(a) of the Act. 13.2 A person who is convicted of an offence under this By-law is liable to a minimum fine of $500.00 and a maximum fine of $100,000.00 as provided for in subsection 429(3), paragraph 1 of the Act. 13.3 A person who is convicted of an offence under this By-law is liable, for each day or part of a day that the offence continues, to a minimum fine of $500.00 and a maximum fine of $10,000.00 and the total of all of the daily fines for the offence is not limited to $100,000.00, as provided for in subsection 429(3) paragraph 2 of the Act. Page 545 of 547 10 13.4 When a person has been convicted of an offence under this By-law, the Superior Court of Justice or any court of competent jurisdiction thereafter may, in addition to any penalty imposed on the person convicted, issue an order: 13.4.1 prohibiting the continuation or repetition of the offence by the person convicted; and 13.4.2 requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate. 14. Effective Date and Transition 14.1 This By-law will become effective on the day of its passing. 14.2 The Niagara Falls Hotel Association shall remain the Eligible Tourism Entity until the City enters into an agreement with a new Eligible Tourism Entity effective January 1, 2026. 14.3 By-law No. 2025-009 is hereby repealed. Read a First, Second and Third time; passed, signed and sealed in open Council this 27th day of May, 2025 ......................................................................... ................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 546 of 547 CITY OF NIAGARA FALLS By-law No. 2025 - 073 A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 27th day of May, 2025. 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 27th day of May 2025 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 27th day of May, 2025. ........................................................ ……........................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 547 of 547