Council Special

That Council Agenda CL 8-2026, BE ADOPTED.

That Report CSD 25-2026, dated May 28, 2026, respecting Development Charges Complaint – 3770 Montrose Road, Niagara Falls (Cassone Dwelling (BT) Inc.), BE RECEIVED and the following recommendation BE APPROVED: 1. That the complaint filed by Cassone Dwelling (BT) Inc. with respect to Regional Development Charges payable pursuant to Section 20 of the Development Charges Act, 1997 (the "DCA”), for the proposed development on the property located at 3770 Montrose Road, Niagara Falls BE DISMISSED. Special Regional Council Open Session Minutes CL 8-2026 May 28, 2026 Page 3 5.1.2 Complaint Overview Piper Morley, External Legal Counsel, Borden Ladner Gervais LLP, provided an overview of the complaint as outlined in the staff report respecting whether the Region had correctly calculated the development charges payable for the proposed development at 3770 Montrose Road in the City of Niagara Falls. Ms. Morley advised that she was in agreement with staff's determination that there has been no error in the calculation of development charges or the legal interpretation of the Development Charges Act, as a demolition permit does not constitute a building permit, resulting in the expiration of the prescribed timeline for the development charges rate freeze and the complaint should be dismissed. 5.1.3 Speakers to the Matter 5.1.3.1 Daniel Angelucci, Kagan Shastri DeMelo Winer Park LLP, on behalf of Cassone Dwelling (BT) Inc. Daniel Angelucci, Kagan Shastri DeMelo Winer Park LLP, appeared bef

That Report CSD 25-2026, dated May 28, 2026, respecting Development Charges Complaint – 3770 Montrose Road, Niagara Falls (Cassone Dwelling (BT) Inc.), BE RECEIVED; 1. That the complaint filed by Cassone Dwelling (BT) Inc. with respect to Regional Development Charges payable pursuant to Section 20 of the Development Charges Act, 1997 (the DCA), for the proposed development on the property located at 3770 Montrose Road, Niagara Falls BE GRANTED by Regional Council as the amount of the development charge was incorrectly determined; and Special Regional Council Open Session Minutes CL 8-2026 May 28, 2026 Page 5 2. That the Regional Development Charges (RDCs) for the Subject Property BE CALCULATED based on the total of the following amounts, subject to any adjustments required based on the particulars of the actual development once the building permit has been issued: a) RDCs at the 2022 frozen rate for residential development: $3,906,631 based on the Other Multiple Rate; b) less $1,166,074 as a demolition credit pursuant to the Region’s DC By-law 2017-98 Section 18, provided that a building permit is applied for within 5 years of the demolition; c) plus interest calculated in accordance with the DCA.

That Bill 2026-23, being a by-law to adopt, ratify and confirm the actions of Regional Council at its special meeting held on May 28, 2026, BE NOW READ and DO PASS.