The URL can be used to link to this page

2006/10/30:.x ) Approval of the 2006 -10 -16 Community Services Minutes. 2) REPORTS: a) MW- 2006 -117 b) MW- 2006 -118 c) MW- 2006 -124 d) MW -2006 -126 MW -2006 -130 MW-2006-131 g) h) i) MW- 2006 -125 CD- 2006 -16 F- 20.06 -52 3) NEW BUSINESS: ADJOURNMENT: THIRTEENTH MEETING Monday, October 30, 2006 From 5:00 p.m. to 6:30 p.m. City Hall Committee Room #2A & B Brookdale Drive @ Michael Street Intersection Control Review Stamford Street @ Macdonald Avenue Intersection Control Review Keith .Street- Parking Review St. Michael Avenue Extension through Hydro One Corridor STAFF CONTACT: Ed Dujlovic Ed Dujlovic Ed Dujlovic Ed Dujlovic Kalar Road / Rideau Street •- Operations Review Ed Dujlovic Agreement with 3C North America . for the Secure Transfer of Credit Card Information Ed Dujlovic Interim Sign By -law Ed Dujlovic Optimist Club Billboard Ed Dujlovic 2005 Consolidated Financial Statements Ken Burden PRESENT: REGRETS: MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Monday, October 16, 2006, City Hall, Room 2 at 4:00 p.m. Chair - Selina Volpatti, Mayor Ted Salci, Alderman Jim Diodati, Alderman Victor Pietrangelo, Alderman Joyce Morocco, Alderman Vince Kerrio, Alderman Janice Wing, Alderman Carolynn Ioannoni., Alderman Wayne Campbell. STAFF: John MacDonald, Ed Dujlovic, Karen Kelly, Pat Burke, Denyse Morrissey, Ken Burden, Karl Dren, Dean Iorfida, Trent Dark, Marianne Tikky- Steno PRESS: Rob Lapensee, Niagara This Week, Corey Larocque, Niagara Falls Review GUEST: MINUTES It was ORDERED on the motion of Alderman Morocco and seconded by Alderman Wing, that the September 11, 2006 minutes be approved. Motion:. Carried Action: Recommendation submitted to Council 2006-10-16. REPORTS MW- 2006 -110 - St. Paul Avenue @ Church's Lane/Riall Street Intersection Control Review Chairperson Alderman Volpatti advised Committee that copies of the following residents concerns were handed out to each Committee member prior to commencement of the Community Services Committee. A quick highlight of each complaint are as follows; Mrs. Anne Metyk of 2943 St. Paul is concerned that the cued up cars waiting for the light to change will increase the amount of vehicles that cut through her driveway which is semi - circular with entrances on both Riall Steet and St. Paul Avenue. Mr. Tom Abma of 6185 Church's Lane does not feel the intersection warrants the City spending $150,000 when the intersection works will with the existing stop signs. Mr. Abma also concerned with the amount of exhaust from cued vehicles as his home is located second from the corner. Mr. Steven Bailey and David Fotheringham who own "Oswald House" a historical home are concerned the construction required to install traffic signals would damage their fence and tulip tree which are part of there heritage home and are requesting the City accurately record the condition of the fence before commencing with the work. Also, large commercial trucks use St. -2- Paul Street between midnight and 6:00 a.m. at speeds that cause their home to vibrate. Could the City help in enforcing the speed limit at this hour? It was ORDERED on the motion of Alderman Wing and seconded by Mayor Salci that report MW- 2006 -110 be sent back to staff to investigate alternatives to signalization. Motion: Carried Action: Recommendation submitted to Council 2006- 10 -16. b) MW- 2006 -112 - Garner Road (McGarry- McLeod) Sanitary Sewer Niagara Regional Health Department Survey Results. It was ORDERED on the motion of Mayor Salci and seconded by Alderman loannoni that Council authorizes staff to continue with the preparation of the final design and contract documents using in -house resources for the extension of a sanitary sewer on Garner Road (McGarry- McLeod) sufficient to address the potential health risks identified by the Regional Niagara Public Health Department; and further, that staff be directed to implement these works in accordance with Ontario Regulation 119/03, Municipal Act, 2001 (formerly the Local Improvement Act). Motion: Carried Action: Recommendation submitted to Council 2006- 10 -16. c) MW- 2006 -115 - Thorold Stone Road Traffic Signal Review It was ORDERED on the motion of Alderman Wing and seconded by Mayor Salci that this report be received for the information of Committee. Motion: Carried Action: Recommendation submitted to Council October 16, 2006. d) MW -2006 -122 - Proposed Licence of Land for Temporary Use and Access Parkside Road - Extension through Hydro Corridor. It was ORDERED on the motion of Mayor Salci and seconded by Alderman Ioannoni that the City of Niagara Falls enter into a licence agreement with the Ontario Realty Corporation. Motion: Carried Action: Recommendation submitted to Council 2006- 10 -16. e) R- 2006 -30 - Chippawa Riverhawks Hockey Club - Request for Financial Consideration It was ORDERED on the motion of Alderman Campbell and seconded by Alderman Kerrio that Council approve the request of the Chippawa Riverhawks Jr. C. Hockey club to be given financial consideration for their past contribution to capital improvements at the Chippawa Willoughby Arena and to have that consideration applied to their outstanding balance for ice rental currently owed to the City. • -3- Motion: Carried Action: Recommendation submitted to Council 2006- 10 -16. NEW BUSINESS a) It was ORDERED on the motion of Alderman Kerrio and seconded by Mayor Salci that staff approach the Chippawa Library about assuming ownership of the municipal lot that abuts the library building. Motion: Carried Action: Recommendation submitted to Council 2006- 10 -16. b) It was ORDERED on the motion of Alderman Ioannoni and seconded by Alderman Wing that staff investigate and take appropriate legal action with regards to the Niagara Falls Golf Course. Motion: Carried Action: Recommendation submitted to Council 2006- 10 -16. c) It was ORDERED on the motion of Alderman Morocco and seconded by Alderman Wing that staff send a letter to the Attorney Generals office requesting additional Justice of the Peace for the Niagara Area. Motion: Carried Action: Recommendation submitted to Council 2006- 10 -16. ADJOURNMENT It was ORDERED on the motion of Alderman Kerrio that the regular meeting of the Community Services Committee be adjourned at 4:30 p.m.. The City of Niagara Falls Canada Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -117 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @niagarafalls.ca Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Re: MW- 2006 -117 Brookdale Drive @ Michael Street Intersection Control Review October 30, 2006 It is recommended that a stop sign be installed at the intersection of Brookdale Drive and Michael Street facing eastbound motorists on Michael Street. Staff has been requested to review the intersection of Brookdale Drive at Michael Street to determine whether a stop sign is required at this location. In the study area, Brookdale Drive is a collector roadway and Michael Street is a local roadway. Brookdale Drive extends in a north/south direction while Michael Street extends in an east/west direction. The intersection is in a tee configuration. The intersection has no traffic control. Staff has conducted technical studies to determine whether additional intersection control devices are required at the intersection of Brookdale Drive at Michael Street. The collision review, conducted for the previous three -year period reveals that a collision problem does not exist as no collisions have been reported in this time frame. A visibility study revealed that the approach sight triangle for this uncontrolled intersection is not met. Based on this information, it is recommended that a stop sign be installed at the intersection to properly allocate the right -of -way for motorists and enhance safety. Brookdale Drive curves twice south of Michael Street. Curve studies indicate that warning signs are required with speed advisory tabs forewarning motorists of the upcoming change in .roadway geometry. These signs have been scheduled for installation. Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services October 30, 2006 Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Karl Dren, C.E.T. / John MacDonald Manager of Traffic & Parking Services Ed Dujlovic, P.Eng. Director of Municipal Work - 2 - Respectfully submitted: 4/ 227, -/ Chief Administrative Officer B.Skiba S:\TPS \TPS 1.00 Administration \TPS 1.06 Reports\2006 Community Services\10 Oct 30\MW- 2006 -117 Brookdale Drive @ Michael Street - Intersection Control Review.wpd MW-2006-117 H JD 'IAV Qniv'I 'IAV HIW1S OD 'EAV ANO1SQZAI3 o H 'Q2I 2Id'IF�I 'aAV MOISW dd NQ w- D L7 � cid V) The City of Niagara Falls Canada Members: RECOMMENDATIONS: It is recommended that: BACKGROUND: Community Services Department MW- 2006 -118 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @niagarafalls.ca Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario October 30, 2006 Re: MW- 2006 -118 Stamford Street @ MacDonald Avenue Intersection Control Review 1) the existing stop signs on Stamford Street at MacDonald Avenue facing eastbound and westbound motorists be removed; and, 2) a stop sign be installed on MacDonald Avenue at Stamford Street facing northbound motorists on MacDonald Avenue. Staff has been requested to review whether the existing traffic control needs to be revised at the intersection of Stamford Street at MacDonald Avenue. The concern at this location stems from motorists travelling at high rates of speed when turning onto Stamford Street from MacDonald Avenue. Residents in close proximity of the intersection have cited safety concerns when exiting their driveways. Both Stamford Street and MacDonald Avenue are local roadways, with one lane in each direction. Stamford Street extends in an east/west direction while MacDonald Avenue extends in the south direction. Both roadways serve primarily to provide local access to the surrounding subdivision. Staff has conducted observations, a collision review and a visibility study at the intersection of Stamford Street at MacDonald Avenue to determine whether revisions are necessary to the existing traffic control. During observations it was noted that the intersection under review is in Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services October 30, 2006 2 MW- 2006 -118 a tee configuration, and stop signs are currently present on Stamford Street facing eastbound and westbound motorists. Northbound motorists on MacDonald Avenue have the right -of -way. Typically, stop signs placed at a tee intersection are installed on the roadway with the single approach. The collision review, conducted at the intersection reveals that no collisions have been reported in the previous three -year period. To ensure consistency in the placement of stop signs in the City, it is recommended that the existing stop signs on Stamford Street at MacDonald Avenue be removed, and that a stop sign be placed on MacDonald Avenue facing northbound motorists. Although MacDonald Avenue between Roberts Street and Stamford Street is short in length, the installation of a stop control on the stem is not expected to result in long queues that may extend to the upstream signalized intersection at Roberts Street. Committee's concurrence with the recommendations outlined in this report would be appreciated. Prepared by: Karl Dren, C.E.T. Manager of Traffic & Parking Services Approved by: Ed Dujlovic, P.Eng. Director of Municipal Work espectfully submitted: John MacDonald Chief Administrative Officer B. Skiba S: \TPS\TPS 1.00 Administration \TPS 1.06 Reports\2006 Community Services110 Oct 30\MW- 2006 -118 Stamford Street @ MacDonald Avenue - Intersection Control Review.wpd The City of Niagara Fails Canada Alderman Selina Volpatti and Members of the Community Services Committee City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Community Services Department MW -2006 -126 Municipal Works Ed Dujtovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E -mail: (905) 356 -7521 (905) 356 -2354 edujlovi @city.niagarafalls.on.ca October 30, 2006. Members: Re: MW- 2006 -126 Saint Michael Avenue Extension Through Hydro Corridor Garner Neighbourhood It is recommended that the City proceed with negotiations for the acquisition of the property required for the extension of Saint Michael Avenue from Hydro One and further that all costs associated with the purchase be funded from the Development Charges Reserve Fund. The Garner Neighbourhood has experienced rapid growth over the past five years and Plans of Subdivision have been registered on virtually all lands south of the hydro corridor. Municipal Works and Planning staff have been working with Hydro One in an effort to coordinate the extension of two collector roadways and full municipal services through the corridor, one at the limit of Saint Michael Avenue and the other at Parkside Road. The acquisition of Parkside Road has recently been completed and given the status of the Edgewood Estates Draft Plan of Subdivision it would be appropriate to commence the process to acquire the future road extension on Saint Michael Avenue at this time. The City's Development Charges Background Study identified the need to extend the road and related services and as such has incorporated these costs in the development charge calculation. Therefore all costs, including those for land acquisition can be 100% funded from the Development Charge Reserve Fund. While it is expected that the actual services will not be constructed until needed by the developer it is important to acquire ownership of the land now so that approvals, construction contracts and access issues do not create delays. Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services October 30, 2006 Geo f Holman Manager of Development Approved by: Ed Dujlovic, P.Eng. Director of Municipal Works Attach: 2 The final details regarding the acquisition costs will be brought forward for Council's consideration once an agreement has been negotiated by staff. Attached to this report is a plan showing the location of the subject lands. Prepared by: _Respectfully submitted: John MacDonald Chief Administrative Officer MW- 2006 -126 Niagara Falls The City of Canada Members: Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario RECOMMENDATION: Re: MW -2006 -124 Keith Street - Parking Review It is recommended that the permit parking zone on the north side of Keith Street between Sinnicks Avenue and a point 165 metres west of Sinnicks Avenue be reduced by 16 metres. arvi. 1 „cc- - e:� , .�: -1 Ire c r� - .e - � p ca a l BACKGROUND: J In 2005, various parking prohibitions and permit parking zones were approved and installed on Sinnicks Avenue and Keith Street as a result of overflow parking from the indoor soccer dome. Among them was a permit parking zone on the north side of Keith Street between Sinnicks Avenue and a point 165 metres west of Sinnicks Avenue, which extended up to and included the entire frontage of 6069 Keith Street. The resident of 6069 Keith Street has requested the removal of the parking permit zone in front of her home. There are no staff concerns with the reduction to the permit parking zone. Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: ('RespPCtfully subnf tted: Karl Dren, C.E.T. /7 John MacDonald Manager of Traffic & Parking Services Approved by Ed Dujlovic, P.Eng. Director of Municipal Work • Community Services Department MW -2006 -124 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Fails, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @niagarafalls.ca October 30, 2006 Chief Administrative Officer B.Skiba S:ITPSITPS 1.00 Adrr nistration \TPS 1.06 Reports\2006 Community Sevices110 Oct 301MW- 2006 -124 Keith Street - Parking Review.wpd Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services 5956 5980 5771 5799 5805 5819 5835 5847 5865 5883 5885 5897 5907 59'23 5935 5945 5959 5979 5989 5999 6009 6019 6029 6039 6049 6059 6069 6079 6089 6099 6109 6119 5778 5810 5810 5820 5832 5840 5852 5864 5878 5888 5898 5908 5922 5934 5942 5954 5980 5990 6000 6010 6020 6030 6040 6050 6060 6070 6080 6090 6100 c o M O co • co O N tt 0, O N M t7 to '4 n GD ^ Oo co c o c o M n n r. cam .. (r) «) co M M L() cv) M M 13.3 �- o v x E w(I) w d ` c c c 0, U a U -� -= I) o a� o� z � a_ a . a w 1 1 1 1 ,� N �� 3865 o ` • N. o ° m co co c} M • M M M M The City of Niagara Falls Canada Community Services Department MW -2006 -130 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovic @niagarafalls.ca October 30, 2006 Re: MW -2006 -130 Kalar Road Traffic Operations Review RECOMMENDATION: It is recommended that this report be received for the information of Council. BACKGROUND: Staff has been requested to investigate the feasibility of installing an all -way stop control at the intersection of Kalar Road at Rideau Street. The concern at this location stems from motorists travelling at speeds in excess of the legal speed limit of Kalar Road. Kalar Road is an arterial roadway consisting of two travel lanes. There are primarily residential dwellings on the east side, with new homes proposed for the west side. Kate S. Durdan and Loretto Catholic Elementary Schools are located on the west side of Kalar Road opposite of Coventry Road, which is located 820 metres south of Rideau Street. An intersection pedestrian signal was installed at the intersection of Kalar Road and Coventry Street, which also includes a crossing guard to assist children when crossing Kalar Road. These devices were implemented prior to the opening of the school in 1999. Also, as a result of the continued development on the west side of Kalar Road, the speed limit between Lundy's Lane and McLeod Road was reduced from 60 km/h to 50 km/h. Radar spot speed studies have been completed several times on this section of Kalar Road since the opening of the above -noted elementary :schools. These speed studies revealed that the 85 percentile has been at least 10 km/h in excess of the legal speed limit. The Niagara Regional Police have been actively enforcing the speed limit on Kalar Road to curtail motorists excessively exceeding the speed limit. A collision review was conducted for the previous three -year period at the intersection of Kalar Road at Rideau Street. The analysis revealed that a collision problem does not exist, with only Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services October 30, 2006 one rear -end type collision reported at the intersection. This collision type is not susceptible to correction through the installation of additional signs, in fact, statistics indicate that rear -end collisions increase with the installation of an all -way stop control. With respect to the all -way stop request, this type of control was not warranted, given that Kalar Road is an arterial roadway with high traffic volumes distributing traffic to connecting arterial and collector roadways. All -way stop controls are intended to allocate the right -of -way amongst motorists at an intersection, where the traffic volumes and operating characteristics of both roadways are similar. The side streets connecting to Kalar Road, including Rideau Street do not contain similar volumes as they are local or minor collector roadways providing access to abutting residential neighbourhoods. Furthermore, the Ontario Traffic Manual - Regulatory Signs states that all -way stop controls are not to be used as a device solely to reduce speeds. The installation of such controls at unwarranted locations may lead to poor=compliance of the control, as motorists on the major roadway may perceive there is no reason to stop as a result of infrequent traffic on the minor roadway. This may also lead to increased speeds on the mid sections of the roadway by motorists making up for lost time and disrespect for traffic control devices in general. Residents living in close quarters to an all -way stop on the arterial road may experience difficulty backing out onto the roadway as a result of queues generated by the signs. Based on this information it is recommended that an all -way stop control not be installed at the intersection of Kalar Road and Rideau Street. The Environmental Assessment completed and approved for Kalar Road includes the expansion of the roadway to four basic lanes with turning lanes at major junctions. The additional capacity is required to accommodate long term traffic growth due to the planned residential development to the west of Kalar Road. The intersection of Kalar Road at Rideau Street and its future westerly extension will be signalized. The reconstruction of this section of Kalar Road as well as the traffic signal installation is tentatively scheduled for 2008. The Committee's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: / Dren, C.E.T. Manager of Traffic & Parking Services Ed Dujlovic, P.Eng. Director of Municipal Work - 2 - MW- 2006 -130 Respectfully submitted: John MacDonald Chief Administrative Officer Bart Skiba S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports\2006 Community Services \10 Oct 30\MW -2006 -130 Kalar Road -Speed Review.wpd New & Proposed Residential Subdivision CATALINA ST. CAVENDISH DR. ALEM ST. SPRING BLOSSOM DR. RIDEAU ST. WESTWOOD ST. COVENTRY R MCLEOD RD. FAIRFIELD EL. SALISBURY PL. REGENT CT. WAYNE ST. WEYBURN CIR. BADGER RD. JONES ST. NORTH NOT TO SCALE MUNICIPAL WORKS Niagaraaal1sTRAFFIC & PARKING SERVICES October 30, 2006 Kalar Road Traffic Operations Review Bart Skiba NASRU CRES. Niagara Falls The City of Canada Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -131 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @niagarafalls.ca October 30, 2006 Re: MW -2006 -131 — Agreement with 3C North America For the Secure Transfer of Credit Card Information 1) That the 3 year agreement with 3C North America for the Secure Transfer of Credit Card Information between the Hectronic Pay and Display Parking Machines the City's Bank, be approved; and further 2) That the Mayor and City Clerk be authorized to execute the necessary agreement. 3C North America will provide the real time credit card processing interface service between our newly purchased Hectronic Pay and Display Parking Machines and the bank. Currently, 3C is the only company approved to provide this interface with this particular pay & display machine. The monthly cost on average will be $100.00 per month (slightly higher during tourist peaks). This cost will be secured for three years. The costs for this service will be borne by the Parking Operations account which is a user pay activity versus a tax supported activity. Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services October 30, 2006 Committee's concurrence with the recommendations outlined in this report would be appreciated. Prepared by: Karl Dren, C.E.T. J MacDonald Manager of Traffic & Parking Services Approved Ed Dujlovic, P.Eng. Director of Municipal Work - 2 - MW- 2006 -131 Respectfully submitted: ief Administrative Officer S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports\2006 Community Services \10 Oct 30\MW- 2006 -131 Ageement with 3C North America - Secure Transfer of Credit Card Info.wpd Niagara Falls The City of Canada Members: BACKGROUND: Community Services Department MW -2006 -125 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @city.niagarafalls.on.ca Alderman Selina Volpatti, Chair . and Members of the Community Services. Committee City of Niagara Falls, Ontario October 30, 2006 Re: MW -2006 -125 - Interim Sign By -law RECOMMENDATION: That the interim amendments passed for the City's existing sign by -law that expires on October 31, 2006 be extended until January 31, 2007. On December 12, 2005, Committee passed report MW- 2005 -137 Sign By -law. Meetings have been held with the various stakeholders which included Industry Representatives on March 21, 2006, BIA's and Business Community on March 29, 2006 and -a Public Meeting on March 30, 2006. At those meetings it was indicated that additional comments could be provided and that the cut off date was April 30, 2006. Generally, the comments received were positive with respect to the proposed changes and the efforts to control the proliferation of signs within the City of Niagara Falls. Comments were received from both the public and some of the BIA representatives as to the ability to remove signs that had been previously approved. It was indicated that as per section 99 of the Municipal Act 2001, Advertising Devices, signs that existed lawfully prior to the passing of a new by -law were grandfathered. Additional comments and questions have been received by the City in September regarding the proposed by -law from HOCO. As not all of the BIA's had responded a letter was sent to them requesting any comments be forwarded to the City by October 13, 2006. The Fallsview BIA did respond by October 20, 2006. Accordingly, to properly address the concerns that have been raised it is recommended that the interim amendments be extended to January 31, 2007. Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services October 30, 2006 Committee's concurrence with the above recommendation would be appreciated. Prepared by: Respectfully submitted: Ed Dujlovic John MacDonald Director of Municipal Works - 2 - MW-2006-125 Chief Administrative Officer The City of Niagara Falls Canada Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department CD- 2006 -16 Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: diorfida @city.niagarafalls.on.ca Re: CD- 2006 -16 Optimist Club Sign Variance Staff will attempt to simplify the issues on this matter. October 30, 2006 That Council consider whether to grant a further variance for the sign currently installed on Optimist Club property (10' x 40', two paneled, L- shaped sign containing 800 square feet of advertising space). Dean lorfida City Clerk Staff position: On December 12 2005 Council approved a sign variance for a sign at the Optimist Club for a 10' x 20' sign. With the two panels in an L- shaped configuration, the total square footage for the sign equals 400 square feet. Applicant's position: Their intention all along was for .:allw0' x 40' sign. With the two panels, the total square footage would be 800 square feet. . Bob Molodynia, the applicant, has indicated that in the sign industry it is common that an 800 square, foot sign would be interpreted as a double -sided 10' x 40' sign (or other derivation of 400 square feet per side). Dec. 12, 2005: Report: BBS- 2005 -04 - Optimist Club - Sign Variance Motion: It was ORDERED on the motion of Mayor Salci and seconded by Alderman Carnpbell that the Niagara Falls Optimist Club Sign "A" at Morrison Street be approved. Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development October 30, 2006 Trees CONCLUSION: - 2 - CD-2006-16 Action: Recommendation submitted to Council 2005 -12 -12 and ratified. The staff report (BBS- 2005 -04) depicts sign "A" as being 10' x 20'. The staff report also states the following: the first sign is proposed be located just west of the main entrance to the park and will contain two panels loft x 20 ft per panel. Minutes indicate Jeff Marques, one of the proponents, was in attendance. Sign Permit Application: The original drawings submitted by the proponent showed a two paneled, back to back sign. The eventual sign was of an L- shaped configuration. The receipt for the sign permit fee of $627.50 equates to a 400 square foot sign, not the current L- shaped sign that has 800 square feet of advertising space. Section 5(7) of the Sign By -law (No. 6661, 1964 as amended) sets out the fee structure as: $65.00 for the initial 25 square feet, or . part thereof, of the sign area, plus $1.50 for each additional square foot of the sign area with a minimum fee of $65.00. $65.00 + 375 feet x $1.50 /foot = $627.50 Regardless of what Council's final decision is, it would seem appropriate that with the current configuration of the sign, and the 800 square feet of advertising space, that the applicant pay accordingly as per our sign by -law (i.e., an additional $600). There are currently two trees in the vicinity of the signs. They provide some needed landscaping in the area. It would be staff's recommendation that if the further variance is granted, the two spruce trees be preserved. If the trees require relocation, it would be up to the proponent and the Optimist Club to accommodate a new location for the trees. As per Council's recent direction, all written correspondences between staff and the proponents have been provided. Whether this information is illuminating or just reiterates the discrepancy, is subject to debate. Regardless, whether the proponent built in excess of the approval they received or whether staff provided conflicting information, Committee is now faced with a basic question: will it grant a further variance to the City's sign by -law to permit the sign that is currently erected on the property? The existing sign would provide 800 square feet of advertising space. October 30, 2006 If Committee is willing to recommend a further variance, it would be staff's recommendation that the variance be contingent upon: That the proponent pay an additional $600 in sign permit fees in accordance with the L- shaped sign and the City's existing sign by -law. That the spruce trees, currently in the vicinity of the sign, be preserved. Recommended by: Dean I• fida City Clerk Approved by: f or T. Ravla Executive Director of Corporate Services - 3 - CD- 2006 -16 Respectfully submitted: John MacDonald Chief Administrative Officer -2- b) F- 2006 -47 - Sale of City Lands to Villarboit It was ORDERED on the motion of Alderman Pietrangelo and seconded by Mayor Salci that this report be received for the information of Committee. Motion: Carried Action: Recommendation submitted to Council 2006- 09 -11. c) MW- 2006 -98 - Fourth Avenue Parking Review It was ORDERED on the motion of Mayor Salci and seconded by Alderman Ioannoni that; 1) 2) 3) 4) 5) That the existing "No Parking" restriction on the west side of Fourth Avenue between Valley Way and Jepson Street be removed; That a permanent "No Parking" at all times restriction be installed on the east side of Fourth Avenue between Armoury Street and Jepson Street; That a corner parking restriction be installed on.the,west side of Fourth Avenue between Valley Way and a point 20 metres south of Valley Way; That a comer parking restriction be installed on the west side of Fourth Avenue between Jepson Street and a point 20 metres north of Jepson Street; and, That a "No Standing" restriction be installed on the east side of Fourth Avenue between Valley Way and a point 20 metres south. d) BBS- 2006 -06 - Sign Variance, Niagara Falls Optimist Club Morrison Street at Dorchester Road. The proponents Mr. Mark and Mr. Maldina advised that they received a permit to construct an `L' shaped 10' x 40' billboard sign. The proponent produced a building permit which was submitted to the City Solicitor. The City Solicitor advised Committee that the permit is for 400 sq. ft. total meaning two 10' x 20' billboard signs which was approved by Committee in December 2005. The proponents produced email correspondence from the Director of Building & By -law Services stating, "Most billboards, ground signs and many other types of signs generally have two sides (back to back) and although it is not noted in our antiquated (1966) sign by -law we have always considered only one side when dealing with the size and related costs per square foot." The Manager of By -law Services advised Committee that there was additional information on that email which states, "Several years ago a enterprising sales exec. for a sign company got the idea to separate the two panels from the normal back to back and place them in a "V" shape and capture a whole new sales angle and perspective, plus save some money. They would get two signs for the, price of one (permit fee). There was a great amount of confusion as to how much of an angle was allowed before it became two signs. We determined that unless the sign faces were totally parallel to each other they would be considered two signs, any angle separating the signs would make them two separate panels. This practice was welcomed and accepted by the sign companies because it was consistent and fair and has worked well for fifteen or twenty years." -3- It was ORDERED on the motion of Alderman Ioannoni and seconded by Alderman Pietrangelo that the sign variance for the Niagara Falls Optimist Club be deferred and that all correspondence and information regarding the application be provided in a report to Council in two weeks time. Motion: Carried Opposed: Alderman Morocco, Alderman Wing Action: Recommendation submitted to Council 2006- 09 -11. e) BBS- 2006 -07 - Sign Variance, Niagara Falls Tourism Pyramid Place, 5400 Robinson Street It was ORDERED on the motion of Mayor Salci and seconded by Alderman Diodati that the sign variance be approved. Motion: Carried Conflict: Alderman Morocco (employed by Niagara Falls Tourism) Action: Recommendation submitted to,Council 2006- 09 -11. f) MW- 2006 -99 - Pinestone Road at Forest Ridge Drive Intersection Control Review It was ORDERED on the motion of Alderman Diodati and. seconded by Alderman Kerrio that a stop sign be installed on the north approach of Pinestone Road at Stonehaven Avenue. Motion: Carried Action: Recommendation submitted to Council 2006- 09 -11. g} MW- 2006 -97 - y Pavement Management Survey Alderman Diodati questioned staff if the report included Regional Roads in the City. The Director of Municipal Works advised the report included City owned roads only but would request the pavement ratings from the Region on Regional Roads in Niagara Falls. It was ORDERED on the motion of Alderman Kerrio and seconded by Alderman Ioannoni that this report be considered for the 2007 Budget. Motion: Carried Action: Recommendation submitted to Council 2006- 09 -11. h) PD- 2006 -77 - 7565 Lundy's Lane Former Parks, Recreations and Culture Building Recommendation from the Municipal Heritage Committee. It was ORDERED on the motion of Alderman Wing and seconded by Alderman Kerrio that Council receive the recommendation from the Municipal Heritage Committee and that staff report back on the adaptive re -use of the building, including financial implications. Motion: Carried Action: Recommendation submitted to Council 2006- 09 -11. ' J Community Services Department BBS- 2006 -06 The City of Niagara Fails C anaclC Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: RECOMMENDATION: That the sign variance be denied. BACKGROUND: Building & By -Law Services John Castrilli 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON 1:.2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 374 -7500 E -mail: jcastrilli @city.niagarafaiis.on.ca September 11, 2006 Re: BBS- 2006 -06 — Sign Variance Niagara Falls Optimist Club Morrison Street at Dorchester Road The Committee may recall that a request for a sign by -law variance was presented in December 2005 to which staff recommended denial for various reason.. The request was to vary the required setback from 300 feet to 33 feet from Morrison St. The original request ( BBS - 2005 -04 attached ) was to permit two separate billboards, "A" and "B ", one close to Dorchester Road (Sign `B ") and the other (Sign "A ") close to the main entrance of the Plaza and Optimist Park . Sign "A" was approved by Council and Sign "B" was not. It should be noted that the request for Sign "A" stated the sign would contain two panels 10 feet x 20 feet. The sketch ( see "exhibit 2" ) submitted along with the request depicted an `L' shaped sign with each leg of the sign being 10' x 20' for a total of 400 square feet. A sign permit for a two panel, 400 sq.ft. sign was issued following Councils approval. During the early part of July 2006 an inspection revealed that Sign "A" was under construction, however; it was not in conformity with the approval of Council or the sign permit. It was confirmed that the sign consisted of two panels each of which were 10' x 40' equaling 400 square feet each for Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services September 11, 2006 a total of 800 square feet, as opposed to the original approval for a 400 square feet sign ( two panels of 200 sq. ft. each ). Therefore, this sign is now double the size of the one that was approved by Council and allowed by the permit issued. Construction was ordered stopped and the sign company notified to have the matter corrected. The original variance approved by Council has been nullified by their actions. The sign company is requesting that the revised sign of 800 sq. ft.be permitted and a new variance be granted. Prepar Rom udge Manager of By -Law Services Recommende trills Attachment by: or of Building & By -law Services - 2 - BBS- 2006 -00 Respectfully submitted: ohn MacDonald Chief Administrative Officer f 1 y The City of Niagara Fails Canada RECOMMENDATION: That the sign variance be denied. Community Services Department � ` kilmer 1 Building & By -Law Services John Castrilli 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 374 -7500 E -mail: jcastrilli @city.niagarafalls.on.ca Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario December 12, 2005 Members: Re: BBS - 2005 - 04, Niagara Falls Optimist Club, Morrison St. @ Dorchester Rd. - Sign Variance •s BACKGROUND: This local service club in co- operation with the sign contractor are proposing to install two double faced billboard signs on their property. The first sign is proposed be located just west of the main entrance to the park and will contain two panels l 0ft x 20 ft per panel and the second being the same size is proposed to be just north of the clock tower. The sign by -law permits these types of sign but because of the Open Space Zoning designation for this property they must be a minimum of 300ft from Dorchester Rd and Morrison St. Sign `A'' (as shown op_the attached plan) is located 33ft from Morrison St. and sign `B' is located 33ft from Morrison St. and 33ft from Dorchester Rd. Accordingly , in addition to non conformity with the Zoning Bylaw staff are of the opinion that these signs will have an adverse affect on the area and will not only disrupt traffic but will add to the visual congestion of the neighbourhood and therefore are not recommended. Comments from relevant Departments are as follows : Parks & Recreation Department "The visual aesthetics of the City's high profile street scape area is the key to creating attractive and healthy street scape environments for both the pedestrian and vehicular traffic. This proposal intends to locate large billboard signs which deviate from the Sign By -law and would detract from visual aesthetics of the immediate street scape zone. The close proximity of the proposed billboard signs would partially conflict with the presence of the Millennium Clock Feature at this major intersection area. Considering that in the area of civic beautification Staffs objective is to improve City streets capes, both in amenity and visually, the billboard signs proposed at these locations are not recommended." Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services BBS- 2005 -04 Planning Department Parking & Traffic Recommended by: John Castrilli Director of Building & Bylaw Services Attach. 2 BBS- 2005 -04 " The City's Official Plan contains policies on Amenity and Design which promote an attractive environment and strive to improve the physical appearance of the City. In this regard, prominent landmark locations along important roadway corridors require special attention to high quality design and landscaping. The Dorchester/Morrison intersection is a major node and serves as a gateway entrance to the area. The policies also require that signs be regulated so as not to have a negative impact on the amenity of the area or vehicular traffic. Based on these policies, the placement of billboards in this location would not be supported." "At location "A ", Staff would have no objection if the proposed billboard were to replace the existing sign." "The removal of the checkerboard sign is not suitable as it is a mandatory safety device at the study location, nor is the installation of a billboard in a location where it would obstruct it's visibility." "At location "B ", safety concerns were not noted" "Furthermore, it is noted that the proposed billboard may reduce the visibility of the existing Millennium Clock for southbound motorists." Prepared by: Respectfully submitted: Robert Judge John MacDonald Manager of By -Law Services Chief Administrative Officer • n n o 0 ° 4 14 CC M • 7 • ( --V-31-6910.1104 u • 1 2 0 —1 -J 0 0 L.../4;144 qffser Mow wA .aa+ soil S'(. Lootepki4 4. ; LO OK We t4 oaTN - � A iT " Ibk VZ)C Vs7% %IT to Hi Dean, I am filing an appeal for council to reconsider and reapprove the billboard structure at Optimist Park. We were granted approval and permit # 05 153088,000 00 SN to build at Optimist Park @ 4709 Dorchester Rd. a 10' x 40' builboard which was based on approval of our initial application's site plan, engineering drawings, and licensing fees. Hope we can get in as soon as possible to rectify this situation. Re: 10' x 40' Billboard Structures Our permit for Optimist is for 10' x 40' structure which indicates 400sq /ft. of advertising space ( not including the allowed back side as stated in Mr. Judge's comments of same ad space square footage ) This can be reviewed and seen in all billboard applications and approved permits (by all other companies) prior to the new Bylaw changes. 2/ When we applied for permits and received approval it was for a 10' x 40' structure as presented in our application package and clearly showed in our site plan, specifically identifying building 10' x 40' V shaped back to back (4 panels in total - each side when opened would offer 400sq /ft. ad space ) structures. ( Both at Dorchester corner and at the Morrison present location. ) The reason for the added second post to our 10' x 40' ( back to back V or L shape approved structure ) was to ensure additional safety and support for the structures at the Park, due to the openess and effects of high winds flows ( both from North to South and West to East channels ). Our structure is a 10' x 40' ( both sides are equally designed by the engineer and built ( duplicated ) for a total of 800sglft ) one side is NOT bigger not than the other. it seems as that due to it not being fully completed with the back faces up. The city stopped us from completing it which makes it look unequal in size. They are both 10' x 40' as permited Further, I would like to remind you that this misunderstanding and delay has lead to a great loss of generated revenues ( Local Merchants wanting and lining up to advertise to support this venture ) for the Optimist Park ( specifically designed to help offset it's daily maintenance and operating costs ) and the added job opportunities it creates for Niagara residents. These billboards add professionalism to our Optimist Park and gives them a BIG LEAGUE ballpark image for all residents and visitors to be proud of. it opens the doors to attract bigger advertsing opportunities ( larger Sporting sponsors) and major ball tournaments to the area. It will generate additional spin off revenues for all the business and tourism industry owners to enjoy. Once again, thank you for your time and consideration to this immediate matter. I look forward in resolving this at your earliest scheduled council meeting. Sincerely, Bob Molodynia Bob W. Molodynia Copyright © WEBNet Logics; 1998 - 2001 From: Dean lorfida To: Best inc. Date: 8/11/2006 8:53:47 AM Subject: re: Request to speak to council regarding approved billboard permit No. 05 153088 000 00 SN Thanks Bob. Perfect. i will drop you a line confirming the time of the meeting on Sept. 11th. You can expect confirmation around August 24th or so. Thanks Dean »> "Best Real Estate Buy inc." <jomcmodc @vaxxine.com> 8/11/2006 8:03 AM »> Hi Dean, I am filing an appeal for council to reconsider and reapprove the billboard structure at Optimist Park. We were granted approval and permit # 05 153088 000 00 SN to build at Optimist Park @ 4709 Dorchester Rd. a 10' x 40' builboard which was based on approval of our initial application's site plan, engineering drawings, and licensing fees. Hope we can get in as soon as possible to rectify this situation. Re: 10' x 40' Billboard Structures Our permit for Optimist is for a 10' x 40' structure which indicates 400sq /ft. of advertising space ( not including the allowed back side as stated in Mr. Judge's comments of same ad space square footage ) This can be reviewed and seen in all billboard applications and approved permits (by all other companies) prior to the new Bylaw changes. 2/ When we applied for permits and received approval it was for a 10' x 40' structure as presented in our application package and clearly showed in our site plan, specifically identifying building 10' x 40' V shaped back to back (4 panels in total - each side when opened would offer 400sq /ft. ad space ) structures. ( Both at Dorchester corner and at the Morrison present location. ) The reason for the added second post to our 10' x 40' (back to back V or L shape approved structure ) was to ensure additional safety and support for the structures at•the Park, due to the openess and effects of high winds flows ( both from North to South and West to East channels ). Our structure is a 10' x 40' ( both sides are equally designed by the engineer and built ( duplicated ) for a total of 800sq /ft ) one side is NOT bigger not than the other. It seems as that due to it not being fully completed with the back faces up. The city stopped us from completing it which makes it look unequal in size. They are both 10' x 40' as permited Further, I would like to remind you that this misunderstanding and delay has lead to a great loss of generated revenues (Local Merchants wanting and lining up to advertise to support this venture ) for the Optimist Park (specifically designed to help offset it's daily maintenance and operating costs ) and the added job opportunities it creates for Niagara residents These billboards add professionalism to our Optimist Park and - 4 ives them a BIG LEAGUE ballpark image for all residents and visitors to be proud of it opens the doors to attract bigger advertsing opportunities ( larger Sporting sponsors) and major ball tournaments to the area. It will generate additional spin off revenues for all the business and tourism industry owners to enjoy. Once again, thank you for your time and consideration to this immediate matter. I look forward in resolving this at your earliest scheduled council meeting. From: Dean lorfida To: Best Inc. Date: 9/5/2006 8:54:20 AM Subject: Re: Request to speak to council regarding approved billboardpermit No. 05 153088 000 00 SN Hi Bob: My apologies. We are in the process of finalizing our agenda as I write. I can confirm that your item is on the agenda for the Community Services Committee meeting on Monday, September 11th at 4:30 p.m. in Committee Room #2, Basement of City Hall. I'll e-mail you the staff report by Thursday. Sincerely, Dean Dean lorfida, City Clerk Niagara Falls 905 -356 -7521, Ext. 4271 905 -356 -9083 (Fax) »> "Best Real Estate Buy Inc." <jomcmodc @vaxxine.com> 9/5/2006 8:02 AM Hi Dean, still haven't received confirmation on council meeting for Sept. 11/06 as you mentioned in regards to the 10' x 40' billboard permit at Optimist Park. We have been waiting patiently to resolve this matter a.s.a.p. Also, so has the Optimist Park Board of Directors. Please let me know what is happening. This is a great loss of revenues to ALL. Bob Bob W. Molodynia President Best Real Estate Buy Inc. 4750 Valleyway Niagara Falls, ON L2E 1W1 cel: (905) 329 -8687 fax(905) 374 -3135 email: bob(c�BestRealEstateBuy.com www.BestRealEstateBuv.com www.MLSReporter.com www.PlavGameVVave.com www.FunSavePass.com www.HRBuildercom " AIM FOR IT " Original Message From: "Dean lorfida" <diorfidaeniagarafalls.ca> To: <iomcmodcevaxxine.com> Sent: Friday, August 11, 2006 8:53 AM »> From: Dean Iorfida To: Best Inc. Date: 9/7/2006 2:09:19 PM Subject: Optimist Club Sign Variance Bob: As promised, attached you will find the staff report. Once again, the meeting is at 4:30 p.m. on Monday, Sept. 11th in Committee Room #2, basement of City hall. Thanks Dean Dean lorfida, City Clerk Niagara Falls 905- 356 -7521, Ext. 4271 905 - 356 -9083 (Fax) From: Dean lorfida To: Best Inc. Date: 9/22/2006 9:51:20 AM Subject: Optimist Club Sign Follow Up Bob: At the Community Services Committee meeting on the 11th, you indicated that you wanted to have your solicitor go over matters pertaining to this issue. That's understandable. As a result, can you have your Solicitor contact the City's Solicitor, Ms. Karen Kelly (905- 356 -7521, x. 4243). It was though, at a recent Senior Staff meeting, t that perhaps the solicitors could come up with an agreement or compromise on the Optimist Club sign issue. Ms. Kelly was away at a conference this week but will be back in the office on Monday. Thanks Dean Dean lorfida, City Clerk Niagara Falls 905 - 356 -7521, Ext. 4271 905 - 356 -9083 (Fax) CC: Bob Judge; Ed Dujlovic; John Castrilli; Karen Kelly; Ken Beaman From: Dean lorfida To: Best Inc. Date: 10/2/2006 11:30:40 AM Subject: re: As per our next scheduled Council Meeting.... Bob: I sent the following e-mail to you on Sept. 22nd: >Bob: >At the Community Services Committee meeting on the 11th, you indicated that you wanted to have your >solicitor go over .matters pertaining to this issue. That's understandable. >As a result, can you have your Solicitor contact the City's Solicitor, Ms. Karen Kelly (905- 356 -7521, x. >4243). It was thought, at a recent Senior Staff meeting, that perhaps the solicitors could come up with an >agreement or compromise on the Optimist Club sign issue. >Ms. Kelly was away at a conference this week but will be back in the office on Monday. >Thanks >Dean The e -mail above was sent to the e-mail address you originally contacted me at: jomcmodc @vaxxine.com I will make sure any future e-mails go to the e -mail you are using today. Dean Dean iorfida, City Clerk Niagara Falls 905 - 356 -7521, Ext. 4271 905 - 356 -9083 (Fax) »> "Best Real Estate Buy inc" <bmolodynia @cogeco.ca> 10/2/2006 11:06 AM »> Hi Dean, Council members, and Honourable Mayor Ted Salci, We haven't heard back anything from the city in regards to getting the Billboard situation at Optimist Park resolved at their next council meeting. It's been over three weeks now and nothing has been done to date in helping us resolve this situation a.s.a.p. as we promised to do. This is and continues to be a very expensive delay ( work order) which our lawyers are strongly suggesting taking legal action against the City of Niagara for the loss of billboard advertising revenues. I personally don't want to take this action or this route. I have been involved and working in theTourism Industry for over 30 years, supporting, promoting and selling the city of Niagara Falls as the best place to live in. I would like to continue working along with the city council members, following and implementing their new sign .bylaws for many years to come. We just want to be treated equally and given the same rights the other ( BIG ) Outdoor Media Advertising company's were given. This delay, has also lost ADDITIONAL revenues for the Optimist Park, which depends on programs such as this to help them offset their daily operating and maintenance costs, not counting the loss of job opportunities this has created for 8- 12 Niagara Falls residents and business's. Also, this " State of the Art " billboard gives the Park that BIG LEAGUE IMAGE that other cities already have and are proud of. We have been patiently awaiting for the city to notify us as to when our next council meeting is scheduled for to settle this issue at your earliest convenience. Looking forward to your response. . Regards, Bob Bob W. Molodynia President Best Real Estate Buy Inc. 4750 Valleyway Niagara Falls, ON L2E 1W1 cel: (905) 329 -8687 fax(905) 374 -3135 email: bobBestRealEstateBuy.com www.BestRealEstateBuy.com www.MLSReporter.com www.PlayGameWave.com www.FunSavePass.com www.HRBuilder.com " AIM FOR IT " CC: "jdiodatti @niagarafalls.ca ".GW IA.Domain1 @niagarafalls.ca; Bob Judge; Carolynn loannoni; Ed Dujlovic; jeff marques; John Castrilli; John MacDonald; Karen Kelly; Ted Salci; Victor Pietrangelo; Vince Kerrio From: Dean lorfida To: Best Inc. Date: 10/18/2006 11:12:12 AM Subject: re: Next available Council Meeting prior to elections.... Thanks Bob. The matter will be on our Community Services Agenda for the 30th. I have to finalize the exact time but it will be sometime between 4 and 7:00 p.m. 111 let you know by early next week. Dean »> "Best Real Estate Buy Inc." <bmolodynia @cogeco.ca> 1 0/18/2006 9:21 AM »> Hi Dean, Please place us on the agenda for the next available city council meeting ( Oct. 30th /06) so thOt we can resolve our Optimist Park billboard issue. Victor P. and Vince K. have told us that we would be able to resolve this at the next scheduled council meeting prior to elections. Both, Jeff's and my lawyer were busy with trials and now have been brought up to full speed. ( Chown, Cairns, and Associates ) They will be contacting Karen or Ken ( N.F. city solicitors ) in the next couple of days. Dean please forward us a confirmation with the date and time of our next scheduled council meeting. Thank you. Regards, Bob Bob W. Molodynia President Best Real Estate Buy Inc. 4750 Vaileyway Niagara Falls, ON L2E 1W1 cei: (905) 329 -8687 fax(905) 374 -3135 email: bob(a�BestRealEstateBuv.com www.BestRealEstateBuv.com www.MLSReporter.com www.PlavGameWave.com www.FunSavePass.com wwwHRBuilder.com " AIM FOR IT " DATE ACTION t--( r 06 e.. ---- j..36 4 elsk VAL-CANIC, . 7 Q46 / NOPNZPOLIZY TO V .. Tc)a 16 P, o P6K(=: SILL 1 0 4° tO ( V4 s E ( a k--% T t T t Li. s To A5 41 tAMS it . dt.) is t�,.. x.44 k , Ai.o 1 vA6:0 50A 1.. -.E,'= - rte_ t C o . C2) 3 k4c i t._. , FINAL RESULTS The City of Niagara Falls Canada COMPLAINT NO.: 06 157132 00 000 CO DATE: July 11, 2006 Community Services Department Building and By-law Services PROPERTY: 4709 Dorchester Rd COMPLAINT LOT: HISTORY: PLAN: SUBJECT: Signs not installed in accordance with city council approval COMPLAINANT: ADDRESS: COMPLAINT RECEIVED BY: Lena Hantziagelis INSPECTOR: R Judge ACTION (DATE): July 18, 2006 COMPLAINT FINALIZED (DATE): COMPLAINT INFORMED (DATE): U:IAMANDAIBBSFonns\ Complaints \ComplaintsSent\97575167.wpd P.S./L.A. REF.NO.: B.F.: PHONE: 905- - Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -law Services The City of Niagara Fall Canada Best Real Estate Buy Inc. 4750 Valley Way :Niagara Falls, Ont. :L2E IWI Attn; R. Molyodynia Dear Sir: c. John Castrilli Wayne Allan 1/ Community Services Department Building & By -Law Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 374 -7500 E -mail: bjudge @city.niagarafalls.on.ca Re: Billboard Sign @ Optimist Park 4709 Dorchester Rd. Permit No.05 153088 000 00 SN Further to our telephone conversation today this will confirm that an inspection of the above property and sign installation has revealed that the sign in question has not been installed in accordance with the City Council approval or the sign permit. One sign being 400 sq. ft. was approved, whereas you have installed or caused to be installed two signs totalling approx. 600 sq.. ft. Please have this matter corrected immediately. July 6, 2006 udge Manager of By -Law Services ext. 4262 Working Together to Serve Our Community y . +_s F. Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building. & Bylaw . Services 5. Coa 1Itiioiri'. k =_f 3?t . at ma Fall onad� City Hall Niagara Falls, Ontario L2E 6X5 Tel: (905) 356 -7521 Fax: (905) 374 -7500 General (The undersigned hereby applies for permit to-erect according to plans submitted.) (Separate application required for each sign) t I. Name of Business- N \\ rAOCo` `\ <", l 3 2 Iloe a do ' '. rt unit # Lot Plan 3. SubType: Balloon/inflated Portable 4. Work Proposed: 11. 12. 13. 14. 15. 16. 17. I8. 19. 20. 21 10. Sign Finish Painted Size of Sign t i l�t Area of Sign Face 1 D Lot frontage BUILDING AND BY—LAW SERVICES APPLICATION FOR SIGN PERMIT RECEIVED MAO 3 9 2005 BUILDING & BYLAW SE © Bench 0 © Projecting ❑ ❑ Alter 6. Owner of Sign e 22�� , v5�- eRNv..J tt\r,. Address P� 1 `r. n f� „� 44 ll P ostal C oder` E 1�\0 1 • � ��Faax (� 7. O o rem iseslProp ert y t Vaag fb. ��ts (�p I,M�STS Address ) Qt-� ��Oil KC1 �io,na•Cq A`S J Postal Code ' Tel r 2 Fax 8. Contractor il9lif'S ?t',hCPS )+'1G. Address -s-L 1 ..) wIl rca Ft_ , � it :1.145 n - Postal Code L.,. � t C0 � e 7 5_032 (DECLARATION: T� `f . Applicant B54 I ?ee I E etA ti Address 1 4 7 4,0 t/m.11 1 1, )l jc , 1 - re (1 Postaf code L /10 Tel 3A9 11 $ Fax 3w) 3/- 5 1 am the owner authorized agent ■ of the owner and hereby declare that the info nation contained in is application and attached her Signature Plastic ❑ Neon 0 Wood sq ft [ ft. _i ft feet. Projection from wall is inches. . If projecting, is the sign covered by insurance for damage or injury? Does the Sign peln a business on the premises? Illuminated El ?es 0 No Minimum Height of Sign above grade Total Height of Sign 7� Number of Ground Signs existing Total Number of Signs existin 1t)` " ft ft APPLICATION NO 0 /O (1) �8 Date: Yes Yes 0 osterPanel) 0 Canopy ❑ Ground ❑ ❑ Tourist 0 Wall ❑ ❑ Move ❑ Electronic 0 22. Picture or Description of Sipp LX r \j RANI" 41,ha,f' - i"j1 r- C . 23. Wording onSignan'O\k s ACIOP•44 24. Estimated Value' 3 tV f P Y ry Sign not to be erected until payment has been made permit issued. Permit not valid if cheque is returned NSF. Permit will be subject revocation if any of the information hereto is found to be incorrect The fee taken at time of application is an estimate only, based on the v information provided by the. applicant Sign not to be erected until all other required appeovals/pern its have been obtained. ?.6 �r Qt6S f cl k SIGN PERMIT No. 05 153088 000 00 SN Date of issue: Tuesday, January 3, 2006 Permission is hereby granted to: Best Real Estate Buy Inc. 4750 Valley Way Niagara Falls, ON L2E 1W1 for: Billboard sign at: 4709 Dorchester Rd., in accordance with the submitted plans and documents reviewed by the City of Niagara Falls Conditions: - various advertisers Section 4.4--- Council approved the structure Area of Sign face: 10 x 40 Size of Sign. (sq. ft.): 400 Wording on Sign: various advertisers Issued by: The installation of the sign shall maintain a minimum distance of 36 inches (0.91 m.) from all secondary circuits and 15 feet (4.8 m.) from all primary circuits of Niagara Falls Hydro. The sign shall be erected, installed and/or continued in accordance with the requirements of By -law 6661, as amended, the By-laws of the City of Niagara Falls and the Ontario Building Code, as applicable and any other applicable law. NOTICE Bob Judge The City of Niagara Faits Canada for Director of Building & By -law Services The permit holder or agent shall notify the City when the sign has been installed. The sign shall conform with the information and documents on the basis of which this permit was issued. This permit not valid until a permit, if required, has been obtained from the Ministry of Transportation or any other Authority having jurisdiction. 50 Valley Way igara Falls ON L2E 1 W 1 tense Type: Sign Permit ime of Licensee: Best Real Estate Buy Inc. Expires: amo: G/L Account Paid 1-4- 222000 - 680000 $627.50 Paid: $627.50 {Cheque) received by: (Signature) RECEIPT License Number: 05 153088 SN Date: June 8, 2005 NO: 50165 \ \\ \ \\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ The City of Niagara Falls Canada Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: F- 2006 -52 - 2005 Consolidated Financial Statements RECOMMENDATION: For the information of the Community Services Committee. BACKGROUND: Attached for your information is a copy of the audited 2005 Consolidated Financial Statements for the Corporation of the City of Niagara Falls. The financial statements were audited by the City's Auditor, Crawford, Smith and Swallow. Upon approval of the report, the 2005 Consolidated Financial Statements will be posted to the City's website. Recommended by: K. E. Burden Director of Finance Approved by: Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2016 E -mail: kburden ©city.niagarafalls.on.ca 4r T. Ravenda Executive Director of Corporate Services Corporate Services Department F- 2006 -52 October 30, 2006 Respectfully submitted: John MacDonald Chief Administrative Officer Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development Kenneth E. Burden Director Crawford s a�ow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Consolidated Financial Statements December 31, 2005 Crawford smith(, swallow CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Consolidated Financial Statements December 31, 2005 Table of Contents Page Auditors' Report 1 Consolidated Statement of Financial Position 2 Consolidated Statement of Financial Activities 3 Consolidated Statement of Changes in Financial Position 4 Notes to Consolidated Financial Statements 5 - 19 Consolidated Schedule of Operating Fund Activities 20 Consolidated Schedule of Capital Fund Activities 21 Consolidated Schedule of Reserves and Reserve Funds 22 Auditors' Report - Trust Funds 23 Statement of Financial Position - Trust Funds - 24 Statement of Financial Activities and Changes in Fund Balances - Trust Funds 25 Notes to Financial Statements - Trust Funds 26 Crawford, Smith and Swallow Chartered Accountants LLP 4741 Queen Street Niagara Falls, Ontario L2E 2M2 Telephone (905) 356 -4200 Tetecopier (905) 356 -3410 Offices in: Niagara Falls, Ontario St. Catharines, Ontario Fort Erie, Ontario Niagara -on- the -Lake, Ontario Port Colborne, Ontario AUDITORS' REPORT To the Members of Council, Inhabitants and Ratepayers of Corporation of the City of Niagara Falls, Ontario We have audited the consolidated statement of financial position of Corporation of the City of Niagara Falls, Ontario as at December 31, 2005 and the consolidated statements of financial activities and changes in financial position for the year then ended. These consolidated financial statements are the responsibility of the city's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In our opinion, these consolidated financial statements present fairly, in all material respects, the financial position of the city as at December 31, 2005 and the results of its operations and its cash flows for the year then ended in accordance with Canadian generally accepted accounting principles. Niagara Falls, Ontario July 21, 2006 Crawford smith A, swallow CRAWFORD, SMITH AND SWALLOW - CHARTERED ACCOUNTANTS LLP 1 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF FINANCIAL POSITION December 31, 2005 Financial Assets Cash - note 3 Investments - note 4 Taxes receivable - notes 5 and 8 Accounts receivable - notes 6 User charges receivable Long -term receivables Note receivable - note 7 Long -term investment - note 7 Contingent Liabilities - note 20 Liabilities Temporary loan - note 8 Accounts payable and accrued liabilities Deferred revenue - obligatory reserve funds - note 9 Deferred revenue Other current liabilities Post - employment benefits - note 10 Net long -term liabilities - note 11 Net Financial Assets Non Financial Assets Inventories and prepaid expenses Net Assets Municipal Position Operating fund - note 12(a) Capital fund - note 12(b) Reserves and reserve funds - note 12(c) Niagara-Falls Hydro:Holding Corporation net equity - note 12(d) Amounts to be recovered See accompanying notes crawford smith CZS swallow 2005 $. 30,926,320 16,550,544 13,541,355 2,954,446 8,950,327 642,676 22,000,000 39,834,442 135,4.00,110 14,479,304 20,302,967 3,374,886 6:;14,669: 09,046: 378 2004 9,853,960 15,909,169 15,895,838 10,297,685 8,061,428 766,854 22,000,000 38,272,806 121 ,057,740 11,047,505 24,555,887 4 15,313,897 674,261 1,085,945 16,381,133 11,962,118 81 ,020,746 40,036,994 913,216 40,950,210 4,440,869 (14,273,028) 18,852,814 60,272,806 69,293,461 (28,343,251) 40,950,210 2 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF FINANCIAL ACTIVITIES for the year ended December 31, 2005 Revenues Taxation - note 5 User fees and charges Government of Canada grants Province of Ontario grants Other municipal grants Provincial Offences Act Interest and penalties Investment income Casino and gaming revenues Ontario Power Generation Community Impact Agreement Niagara Falls Hydro Holding Corporation net income - note 7 Contributions from Obligatory Reserve Funds Other Expenditures General government Protection to persons and property Transportation services Environmental services Health services Social and family services Recreation and cultural services Planning and development Net Revenues (Expenditures) Add: New debt issued or assumed Add: Post- employment benefits Less: Debt principal 'repayments Increase in amounts to be recovered Change in Fund Balances See accompanying notes crawford smith swallow 2005 $ 59,966,624 43,410,779 18,076 8 ; 813,172 96,654 132,249 2,23 8,63 1 2,507,026 2 ;600,000 1,546,000 1,561,636 1,145,776 6 ;808,940 130,845 17,756,7J1 15,542,582 24,533,683 37,418,070 1,736,065 375,040 ; 19,5.72,385 3 120,54::. 1,431,000 11,794 2004 50,288,333 40,863,388 5,915 5,904,344 28,188 214,557 2,535,237 2,249,202 2,600,000 1,276,263 5,880,343 5,481,795 117 327 565 . 7 7 15,930,067 13,640,637 33,954,482 30,384,304 1,522,255 273,032 25,979,627 3,540,845 125,225,249 (7,897,684) 3,830,000 665,656 (1,010,714) 3,484,942 (4,412,742) 3 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF CHANGES IN FINANCIAL POSITION for the year ended December 31, 2005 Operations Net revenues (expenditures) Sources (Uses) Change in investments Change in taxes receivable Change in accounts receivable Change in user charges receivable Change in long -term receivables Change in inventories and prepaid expenses Change in temporary loans Change in accounts payable and accrued liabilities Change in deferred revenue - obligatory reserve funds Change in deferred revenue Change in other current liabilities Change in post - employment benefits Net income of Niagara Falls Hydro Holding Corporation Net increase (decrease) in cash from operations Financing Long -term debt issued Long -term debt repaid Net increase in cash from financing Increase (Decrease) in Cash Position Cash Position, Beginning of Year Cash Position, End of Year See accompanying notes crawforrl smith 031 swallow 2005 $: (641,375) 2,354,4.83 7,343,239 (888,899): 124,178 4 4,675 3,431,799 (4, 252,920) 3 060 ................ . (59,5`92) 323,101. 1,437,245:.. 12,276,923 2004 (7,897,684) (663,520) (81,770) (2,093,056) (2,413,245) 84,874 110,171 (733,586) 8,599,769 (3,375,339) (146,753) (90,193) 665,656 (136,992) (1,276,263) (9,310,939) 3,830,000 (1,010,714) 2,819,286 (6,491,653) 16,345,613 9,853,960 4 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2005 1. Significant Accounting Policies The consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario (the "Municipality ") are the representations of management prepared in accordance with local government accounting standards established by the Public Sector Accounting Board ( "PSAB ") of the Canadian Institute of Chartered Accountants with the exception of providing budget figures (note 17). (a) Basis of consolidation (I ) These consolidated financial statements reflect the assets, liabilities, revenues and expenditures of the operating fund, capital fund, reserves and reserve funds and include the activities of all committees of council and the following boards, municipal enterprises and utilities which are under the control of council: Library Board Transit Commission Waterworks Operation Chippawa Business Improvement Area Clifton Hill Business Improvement Area Downtown Board of Management Fallsview Business Improvement Area Lundy's Lane Business Improvement Area Main & Ferry Business Improvement Area Victoria & Centre Business Improvement Area Board of Museums Niagara Falls Hydro Holding Corporation All inter -fund assets and liabilities and sources of financing and expenditures have been eliminated with the exception of loans or advances between reserve funds and any other fund of the Municipality and the resulting interest income and expenditures. The Niagara Falls Hydro Holding Corporation ( "NFHHC ") is accounted for on a modified equity basis, consistent with the accounting treatment for government business enterprises. Under the modified equity basis, the business enterprise's accounting principles are not adjusted to conform with those of the Municipality, and inter - organizational transactions and balances are not eliminated. The Municipality recognizes its equity interest in the annual income or loss of NFHHC in its "Consolidated Statement of Financial Activities" with a corresponding increase or decrease in its investment asset account. Any dividends that the Municipality may receive from NFHHC will be reflected as reductions in the investment asset account. (ii) Partial - consolidated entity The following joint local board is proportionately consolidated. See note 16. Niagara District Airport Commission crawford smith swallow 5 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2005 1. Significant Accounting Policies - continued (iii) Accounting for Region and School Board transactions The taxation, other revenues, expenditures, assets and liabilities with respect to the operations of the school boards and the Region of Niagara are not reflected in the municipal fund balances of these consolidated financial statements. (iv) Trust funds Trust funds and their related operations administered by the Municipality are not consolidated, but are reported separately on the "Trust Funds Statement of Financial Position and Statement of Financial Activities and Changes in Fund Balances ". (b) Basis of accounting (i) Revenues and expenditures are reported on the accrual basis of accounting. (ii) The accrual basis of accounting recognizes revenues as they become available and measurable; expenditures are recognized as they are incurred and measurable as a result of receipt of goods or services and the creation of a legal obligation to pay. (iii) Inventories Inventories are valued at average cost. (iv) Capital assets Capital assets are recorded as an expenditure on the "Consolidated Statement of Financial Activities" in the year of acquisition. • (v) Deferred revenue Funds received for specific purposes are accounted for as deferred revenue until the Municipality discharges the obligation which led to the receipt of the funds. (vi) Investment income Investment income earned on current surplus funds, capital funds, reserves and reserve funds (other than obligatory reserve funds) are recorded as revenue in the period earned. Investment income earned on obligatory reserve funds are recorded directly to each fund balance. (vii) Amounts to be recovered The balance referred to as "Amounts to be recovered", includes balances for post- - employment benefits and net long -term liabilities (viii) Use of estimates The preparation of the financial statements in conformity with Canadian generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the dates of the financial statements and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. crawford smith & swallow 6 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2005 2. Operations of School Boards and the Region of Niagara Further to note 1(a)(iii), the taxation, other revenues, expenditures and overlevies of the school boards and the Region of Niagara are comprised of the following: School Boards Region 2005 2004 $ $ 3. Taxation and user charges Payments -in -lieu of taxes Amounts received or receivable Requisitions Overlevies (Underlevies) at the end of year Cash Operating Fund Reserve Funds 4. Investments 40,891 2,315 40,893,848 42,566,915 65,862,318 52,953,824 40,893,848 42,566,915 65,862,318 52,953,824 This represents cash and short term investments from both the operating fund and the reserve funds (including those funds set aside in deferred revenue): Total investments amounting to $ 16,550,544 ($ 15,909,169 - 2004) are recorded on the "Consolidated Statement of Financial Position" at the lower of cost or market. The market value as at December 31, 2005 is $ 16,550,544 ($ 15,969,363 - 2004). crawford smith 031 swallow 2005 2004 $ $ 42,563,414 54.363,218 52,147,304 3,501 11,499,100 806,520 20,05 . 19,496,590: 11,429,730 30,926,320 2004 3,971,973 5,881,987 9,853,960 7 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2005 5. Tax Receivables and Revenues Property tax billings are prepared by the Municipality based on an assessment roll prepared by the Municipal Property Assessment Corporation ( "MPAC "). The property tax receivables and tax revenue of the Municipality are subject to measurement uncertainty as a significant number of appeals submitted by ratepayers have yet to be heard. The Municipality has established an allowance for doubtful accounts in the amount of $ 920,000 ($ 920,000 - 2004). The Province of Ontario instituted a mandatory capping program through the provisions of Bill 79, which limited assessment related increases to 10% in 1998, and an additional 5% in each of 1999 and 2000. Multi - residential, commercial and industrial property owners experiencing decreases were also capped at appropriate levels to fund the phasing -in of increases. The Province has enacted Bill 140, which serves to extend the capping provisions of Bill 79 indefinitely. The new legislation will limit assessment related increases in property tax bills to 5 %. 6. Interfund Receivables (Payables) As a means of financing certain activities, funds are borrowed by the operating fund from several reserve funds. Both financing and repayments are reflected as interfund transfers and therefore are eliminated from the "Consolidated Statement of Financial Activities ". Likewise interfund receivable and payable balances are not reflected on the "Consolidated Statement of Financial Position ". The interfund receivable and payable balance as at December 31, 2005 was $ 295,690 (($ 1,227,015) - 2004). 7. Investment in Niagara Falls Hydro Holding Corporation Statement of Financial Position Current assets Capital assets Other assets Total Assets Current liabilities _ Other liabilities - Note payable Long -term debt Total Liabilities Net Assets crawford smith & swallow 2004 24,912,997 60,145,961 3,755,617 88,814,575 17,027,169 4,412,775 22,000,000 7,101,825 50,541,769 38,272,806 8 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2005 7. Investment in Niagara Falls Hydro Holding Corporation - continued 2005 2004 $. $ Statement of Financial Activities Revenues Operating expenses 86,670,543 73,008,509 85,108,907 71,701,257 Net Income 1,5 1,307,252 In 2004, retained earnings for the company reflected a reduction of $ 30,989 related to an investment equity distribution. 8. Temporary Loan The Municipality has a non - revolving loan in the amount of $ 14,479,304 bearing interest at 3.85% and maturing March 20, 2006. This note is secured by a pledge of tax revenues. The Municipality has an authorized letter of credit of $ 4,000,000 of which NIL has been drawn upon as at December 31, 2005. See note 14. 9. Deferred Revenue - Obligatory Reserve Funds The following balances are reflected as deferred revenue - obligatory reserve funds as provincial legislation restricts how these funds may be used and under certain circumstances these funds may be refunded. 2% Parkland dedication Public purpose Federal gas tax rebate - transit Provincial gas tax rebate - transit Development charges Discounted development charges crawford smith a8 swallow 2005 . 2004 603,467 321,388 136,835 306,772 13,945,435 15,313,897 9 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2005 10. Post - Employment Benefits 2005 2004 $:: $ Post - employment benefits 11,100,736 10,599,026 Accumulated sick leave 3,022,717 2,248,977 WSIB - Schedule 11 future liability 2,674,220 2,555,413 Vacation pay 1,020,705 977,717 17,818,378 16,381,133 Post- Employment Benefits and Accumulated Sick Leave The Municipality pays certain medical, dental and life insurance benefits on behalf of its retired employees. The Municipality recognizes these post - retirement costs in the period in which the employees rendered the services. Under the Municipality's sick leave benefit plan, unused sick leave can accumulate and employees may become entitled to a cash payment when they leave the Municipality's employment. A reserve fund has been established for the accumulated sick leave liability. The balance as at December 31, 2005 is $ 998,616 ($ 776,743 - 2004). The liabilities for post - employment benefits and accumulated sick leave as reflected in these consolidated financial statements have been determined on an actuarial basis using a discount rate of 5.25 %. As a result of actuarial valuations on post - employment benefits for the year ending December 31, 2005, it was determined that actuarial losses of $ 1,951,492 existed. These amounts are being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 1,871,170. The actual obligation is $ 12,971,906. Workplace Safety and Insurance Board - Schedule II Future Liability The Municipality has elected to be treated as a Schedule II employer and as such, is required to remit payments to the Workplace Safety and Insurance Board ( "WSIB ") to fund disability payments. The liability as reflected in these consolidated financial statements has been determined on an actuarial basis using a discount rate of 5.25 %. As a result of an actuarial valuation on the WSIB - Schedule II liability for the year ending December 31, 2005, it was determined that an actuarial loss of $ 1,031,000 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 509,423. The actual obligation is $ 3,183,643. A reserve fund has been established for this liability. The balance as at December 31, 2005 is $ 1,163,667 ($ 800,074 - 2004). crawford smith Z, swallow 10 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2005 10. Post - Employment Benefits - continued Vacation Pay As at December 31, 2005, employees of the Municipality have accumulated vacation pay credits in the amount of $ 1 ,020,705 ($ 977,717 - 2004). Any unused credits may be carried forward to future years. Pension Agreements The Municipality makes contributions to the Ontario Municipal Employees Retirement System ( "OMERS "), which is a multi - employer plan, on behalf of its staff. The plan is a defined benefit plan which specifies the amount of the retirement benefit to be received by the employees based on the length of service and rates of pay. The amount contributed to OMERS for 2005 was $ 1,941,3 01 ($ 1,670,822 - 2004) for current services. 11. Net Long -Term Liabilities (a) The balance of net long -term liabilities reported on the "Consolidated Statement of Financial Position" is made up as follows: Total long -term liabilities incurred by the Municipality including those incurred on behalf of school boards, other municipalities and municipal enterprises and outstanding during the year is Net long -term liabilities, end of year Principal Interest crawford smith a swallow 2005. 2004 11,962,118 11,962,118 (b) Of the net long -term Liabilities reported in (a) of this note, $ 7,160,811 in principal payments are payable from 2006 to 2010 and $ 4,862,413 from 2011 to 2015. (c) The Long -term liabilities in (a) issued in the name of the municipality have received approval of the Ontario Municipal Board for those approved on or before December 31, 1992. Those approved after January 1, 1993 have been approved by by -law. The annual principal and interest payments required to service these liabilities are within the annual debt repayment limit prescribed by the Ministry of Municipal Affairs and Housing. (d) = Total charges for _ the year for net long -term liabilities which are reported - on the "Consolidated Statement of Financial Activities" are as follows: 1,36 2004 1,010,714 527,868 1,538,582 11 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2005 12. Municipal Fund Balances at the End of the Year (a) Operating fund balance For general reduction of taxation For general reduction of user charges respecting waterworks For general reduction of user charges respecting sewers For general use by Library Board For general use by the Business Improvement Areas 1,046,705, For general use by the Board of Museums 17,670 For general use by Airport Commission 55,846; (b) Capital fund balance Acquisition of capital assets to be recovered through taxation or user charges Acquisition of capital assets to be financed from the proceeds of long -term liabilities Acquisition of capital assets to be recovered from transfers from reserves and reserve funds Acquisition of capital assets to be financed from proceeds of disposition of property and billings to third parties Funds available for the acquisition of capital assets crawforel smith swallow 2005 629,065 2004 $ 1,809,139 826,342 558,253 83,474 1,013,598 57,272 92,791 4,440,869 5 : 2004 (2,329,169) (708,651) (271 ,777) (18,424,662) 7,461,231 (14,273,028) 12 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2005 12. Municipal Fund Balances at the End of the Year - continued (c) Reserves and reserve fund balances Reserves set aside by council for specific purposes: Special purposes Working capital Watermain improvements Metering program Sewage capital Water capital Total Reserves crawford smith at swallow 2004 9,063,466 265,000 9,000 42,763 813,726 460,000 10,653,955 13 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2005 12. Municipal Fund Balances at the End of the Year - continued (c) Reserves and reserve fund balances - continued Reserve Funds set aside by council for specific purposes: Licence agreements - 40 years 50,156 57,555 Sick leave liability 998,616 776,743 Greater Niagara Senior Citizen Association 6,181 7,405 Lundy's Lane Battlefield debt retirement 70,921 78,833 WSIB - Schedule II 1,163,667 800,074 Fire station #5 debt retirement 111,520 125,049 Niagara Falls Hydro Holding Corporation debenture 212,528 344,955 Recreation trail development 47,828 45,453 Capital /Operations 410,214 445,730 Tree planting - developers 10,716 9,837 Park development 127,236 144,060 Sewer and water impost 1,113,218 1,087,498 Expansion and renewal 199,124 9 191,382 Drainage 532,656 ` 517,704 Prepaid works projects contributions 172,086 168,058 Sidewalk construction 250,2$0;; : 244,556 Future municipal works 692,125 676,095 Lot drainage 135 294 ` _ 136,025 Library funds 696 262 513,295 Sanitary 32,325 324,608 Sports fund 4 375 4,268 Projects - special needs children 13,773 13,439 Parking 1 225 456 1,080,052 Collins /Toby debt retirement 47.3.30 51,971 Heritage Week Niagara 54 21 ,129 Coat of Arm's 2< 83 2,565 Lundy's Lane business improvement purposes 2211,317 220,317 Board of Museum purposes 1�58�, 7° 110,203 Niagara Tunnel Community Improvement Total Reserve Funds Total Reserves and Reserve Funds crawford smith a, swallow 2005 2004 8,198,859 18,852,814 14 CORPORATION OF THE CITY OF NIAGARA, FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2005 12. Municipal Fund Balances at the End of the Year - continued (d) Niagara Falls Hydro Holding Corporation net equity 13. Trust Funds 2005 2004 Niagara Falls Hydro Holding Corporation net equity ' 61,834,442 60,272,806 Trust funds administered by the Municipality amounting to $ 2,443,792 ($ 2,314,360 - 2004) have not been included in the "Consolidated Statement of Financial Position" nor have their operations been included in the "Consolidated Statement of Financial Activities ". 14. Contractual Obligations and Commitments Capital expenditures The estimated future capital expenditures based on projects in progress at December 31, 2005 is approximately $ 13,980,000 ($ 16,350,000 - 2004) after deducting the expenditures incurred as at December 31, 2005. These projects will be financed by grants, subsidies and long -term liabilities in future years. International Railway Bridge The Municipality, as a condition of the purchase of the CN /CP Railway Corridor, has the responsibility for the costs of demolition of the International Railway Bridge by May 2007. This condition is subject to being waived if the bridge is subsequently sold to a third party or if demolition procedures have not commenced by CN /CP prior to May 2007. The Municipality has arranged for a Letter of Credit in the amount of $ 4,000,000 for this purpose. See note 8. crawford smith swallow 15 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2005 15. Financial Instruments Credit Risk The Municipality is exposed to credit risk on taxes receivable, user charges receivable, accounts receivable and long -term receivables from its customers. Allowances are maintained for the potential credit losses. However, because of the large number of customers, credit risk concentration is minimal. Cash Flow Risk The Municipality is exposed to the risk that the interest earned on its investments will fluctuate due to changes in market interest rates. The Municipality manages its investments based on its cash flow needs and with a view to optimizing its interest income. Interest Rate Risk The Municipality is exposed to the risk that the value of investments will fluctuate due to changes in market interest rates. The Municipality manages its investments based on its cash flow needs and with a view to optimizing its interest income. The balances for certain temporary loans and long -term debt bear interest at fixed rates. Consequently, the risk exposure associated with these balances is minimal. Market Risk Certain investments held by the Municipality are subject to the risk that the value will fluctuate as a result of changes in market prices, whether those changes are caused by factors specific to the individual security, its issuer, or factors affecting all securities traded in the market. Fair Value The fair value of the post - employment benefits, accumulated sick leave and WSIB - Schedule II future liability were determined using actuarial valuations based on the information presented in note 10 to the financial statements. Long -term debt is stated at face value. It is not practicable within the constraints of timeliness or cost to determine the fair value of this financial liability with sufficient reliability. The note receivable and Long -term investment are stated at cost. It is not practicable within the constraints of timeliness or cost to determine the fair value of these financial assets with sufficient reliability. The fair values of the Municipality's other f nancial instruments corresponds to their carrying values due to their short -term maturity. crawforel smith C& swallow 16 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2005 16. Contributions to Joint Board Further to note 1 (a)(ii) the following contributions were made by the Municipality to: Niagara District Airport Commission 2004 . 78,000 The Municipality's share of the net assets of the Niagara District Airport Commission is approximately 32 %. 17. Budget Figures The approved operating budget for 2005 is reflected on the "Consolidated Schedule of Operating Fund Activities ". These numbers have not been audited but are presented for information purposes only. The budgets established for capital funds, reserves and reserve funds are on a project- oriented basis, the costs of which may be carried out over one or more years. As such, they are not directly comparable with current year actual amounts and have not been reflected on their respective schedules. 18. Sewage Flow Error In 2003, an error was discovered at the Regional Municipality of Niagara with respect to the amounts billed for sewage flows to the Corporation of the City of Niagara Falls, Ontario for the years 2000 through 2003. The total impact of this overbilling is $ 5,422,882. In 2004, the amount was reflected as accounts receivable and accounts payable and accrued liabilities on the "Consolidated Statement of Financial Position ". Council made the determination that the amount should be refunded in 2005 by way of a rebate to eligible ratepayers of the Corporation of the City of Niagara Falls, Ontario. As at December 31, 2005, approximately $ 916,454 is remaining in accounts payable and accrued liabilities and is to be paid in 2006. 19. Classification of Expenditures by Object The "Consolidated Statement of Financial Activities" presents the expenditures by function; the following classifies those same expenditures by object: 2005 2004 $ Salaries, wages and employee benefits 42 39,454,498 Operating materials and supplies 16 746 643 15,813,677 Contracted services 31 337 94:9 29,007,442 Rents and financial expenses 998 13:4 ; 996,122 External transfers to others 3 216 982 ; 3,157,035 Tangible capital assets 24,801,776 36,268,607 Debt service 594,544 _ 527,868 Total expenditures by object 120,549,596 125,225,249 crawford smith a, swallow 17 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2005 20. Contingent Liabilities The Municipality has been named as one of several defendants in a legal action seeking $ 20,000,000 for loss or damage to property and lost revenue. The Municipality's maximum insurance coverage per claim at the time of the suit was $ 15,000,000. The Municipality is also being sued for aggravated and punitive damages in the amount of $ 5,000,000. There is no insurance coverage for punitive damages. The Municipality's legal counsel is unable to assess the potential liability, if any, resulting from this action. Any settlement will be reflected as a charge to operations in the year incurred. The Municipality has been named as one of several defendants in a legal action seeking $ 21,200,000 for general and special damages. The Municipality's maximum insurance coverage per claim at the time of the suit was $ 20,000,000. The Municipality's legal counsel is unable to assess the potential liability, if any, resulting from this action. Any settlement will be reflected as a charge to operations in the year incurred. No provision for possible loss has been included in these consolidated financial statements. As at December 31, 2005, the Municipality has certain other legal claims outstanding. It is management's assertion that adequate insurance coverages are in effect for the settlement of these claims, if necessary. crawford smith a swallow 18 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2005 21. Change in Accounting Policies Effective January 1, 2004, the Municipality retroactively restated the prior year figures to include the City of Niagara Falls Board of Museums. Financial Assets Cash Accounts receivable Liabilities Accounts payable and accrued liabilities Non Financial Assets Inventories and prepaid expenses Municipal Position Operating fund Reserve and reserve funds Operating Fund Schedule Government of Canada grants Province of Ontario grants Other income Recreational and cultural services expense Transfers from (to) reserves and reserve funds Reserve Fund Schedule Other income Transfers from (to) operating fund crawford smith swallow Prior 9,694,206 10,293,611 24,545,922 899,604 4,383,597 18,742,611 2,765 3,453,495 2,355,348 9,671,490 1,798,480 20,180 (1,798,480) As Restated 9,853,960 10,297,685 24,555,887 22. Comparative Figures Certain figures have been reclassified to conform with the current year's presentation. 913,216 4,440,869 18,852,814 5,915 3,476,272 2,405,147 9,719,774 1,798,504 76,745 (1 ,798,504) 19 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED SCHEDULE OF OPERATING FUND ACTIVITIES for the year ended December 31, 2005 Revenues Taxation User fees and charges Government of Canada grants Province of Ontario grants Other municipal grants Provincial Offences Act Interest and penalties Investment income Casino and gaming revenues Ontario Power Generation Community Impact Agreement Other Expenditures General government Protection to persons and property Transportation services Environmental services Health services Social and family services Recreation and cultural services Planning and development Net Revenues Financing and Transfers Debt principal repayments Post- employment benefits Transfers from (to) reserves and reserve funds Transfers to capital fund Net financing and transfers Change in Operating Fund Operating Fund, Beginning of Year Operating Fund, End of Year See accompanying notes Budget 56,221,185 33,048,962 3,270,500 25,200 210,000 2,048,000 1,925,000 2,600,000 2,781 ,498 102,130,345 15,112,521 13,291,262 19,411,531 28,601,546 1,281,163 11,158,689 2,759,440 91,616,152 10,514,193 (1,369,990) 5,182,104 (14,326,3 07) (10,514,193) 4,383,597 4,383,597 crawford smith a, swallow 2005. 59,966,624 43,410,779 18,076 6,176,930 132,249; 2,238,631 2,316,973 .' 2,600,000 1,546,000: 2,261,388' 120,667.650 2004 50,288,333 40,863,388 5,915 3,476,272 28,188 214,557 2,535,237 1,956,988 2,600,000 2,405,147 104,374,025 14,632,951 13,401,406 19,111,650 26,786,529 1,520,755 273,032 9,719,774 3,510,545 88,956,642 15,417,383 (1,010,714) 665,656 1,798,504 (16,014,305) (14,560,859) 856,524 3,584,345 4,440,869 20 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED SCHEDULE OF CAPITAL FUND ACTIVITIES for the year ended December 31, 2005 Revenues Province of Ontario Other municipal grants Other Expenditures General government Protection to persons and property Transportation services Environmental services Health services Recreation and cultural services Planning and development Net Expenditures Financing and Transfers Long -term debt issued Transfers from operating fund Transfers from reserves and reserve funds Net financing and transfers Change in Capital Fund Capital Fund, Beginning of Year Capital Fund, End of Year See accompanying notes crawford smith a, swallow 2005 2,636,242 96,654 4,455,783 7,188,679 696,345 1 4,949,104 8,268,074 27490 9,327,404 65,813. 24,801,776 (17, 613,097) 1,431,000 20,581,139 1,438,410 23,450,5.49 5,.837,452 2004 2,428,072 2,999,903 5,427,975 1,297,116 239,231 14,842,832 3,597,775 1,500 16,259,853 30,300 36,268,607 30,840,632) 3,830,000 16,014,305 8,829,513 28,673,818 (2,166,814) 3,028).. (12,106,214) 5,576) (14,273,028) 21 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED SCHEDULE OF RESERVES AND RESERVE FUNDS for the year ended December 31, 2005 Revenues Contributions from Obligatory Reserve Funds Investment income Other Financing and Transfers Transfers to capital fund Transfers from (to) operating fund Net financing and transfers See accompanying notes crawforcl smith & swallow 2005: 2004 1,145,776 190,053' 91,769 5,880,343 292,214 76,745 6,249,302 (8,829,513) (1,798,504) (10,628,017) Change in Reserves and Reserve Funds 3 , 9 17,839 (4,378,715) Reserves and Reserve Funds, Beginning of Year 18 23,231,529 Reserves and Reserve Funds, End of Year 22,770,653 18,852,814 22 Crawford, Smith and Swallow Chartered Accountants LLP 4741 Oueen Street Niagara Falls, Ontario L2E 2M2 Telephone (905) 356 -4200 Telecopier (905) 356 -3410 Offices in: Niagara Falls, Ontario St. Catharines, Ontario Fort Erie. Ontario Niagara-on-the-Lake. Ontario Port Colborne. Ontario Niagara Falls, Ontario July 21, 2006 Crawford smith C&, swallow AUDITORS' REPORT - TRUST FUNDS To the Members of Council, Inhabitants and Ratepayers of Corporation of the City of Niagara Falls, Ontario We have audited the statement of financial position of the trust funds of Corporation of the City of Niagara Falls, Ontario as at December 31, 2005 and the statement of financial activities and changes in fund balances for the year then ended. These financial statements are the responsibility of the city's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In our opinion, these financial statements present fairly, in all material respects, the financial position of the trust funds of the city as at December 31, 2005 and the continuity of trust funds for year then ended in accordance with Canadian generally accepted accounting principles. CRAWFORD, SMITH AND SWALLOW CHARTERED ACCOUNTANTS LLP 23 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO STATEMENT OF FINANCIAL POSITION - TRUST FUNDS December 31, 2005 Ontario Home Cemetery Renewal Perpetual Total Plan Care Other $ $ $ $ Assets Cash 299,584 15,267 - 1 . 188,141 96,176 Investments - note 2 Federal 1,409,930 1,409,930 Provincial Corporate 744,364 743,164 2,154,294 2,153,094 Loans receivable - note 3 See accompanying notes 14,664 14,664 crawford smith 2, swallow 1,200 1,200 2,468,542 29,931 2,341,235 97,376 Liabilities Due to operating fund 24,750 24,445 305 Fund Balances 2,443,792 29,931 2,316,790 97,071 2,468,542 29,931 2,341,235 97,376 24 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO STATEMENT OF FINANCIAL ACTIVITIES AND CHANGES IN FUND BALANCES - TRUST FUNDS for the year ended December 31, 2005 Balance,. Beginning of Year Receipts Cemetery lot receipts 129,376 129,376 Interest ' 1 57,970 1,263 154,131 2,576 287,346 1,263 283,507 2,576 Expenditures Cemetery Care 154,436 154,132 132 304 Transfer to operating fund 3,478 3,478 157,914 154,132 3,782 Balance, End of Year 2,443,792 29,931 2,316,790 97,071 See accompanying notes Ontario Home Cemetery Renewal Perpetual Total Plan Care Other $ $ $ $ 2,314,360 28,668 2,187,415 98,277 crawford smith a, swallow 25 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO FINANCIAL STATEMENTS - TRUST FUNDS for the year ended December 31, 2005 1. Basis of Accounting Basis of accounting Receipts and disbursements on the statement of continuity are reported on the cash basis of accounting, with the exception of revenue derived from cemetery lot sales due to the Cemetery Perpetual Care Fund which has been accrued at year end. 2. Investments Trust fund investments of $ 2,154,294 ($ 2,011,676 - 2004) are recorded on the "Statement of Financial Position" at the lower of cost or market. 3. Ontario Home Renewal Program The Ontario Home Renewal Program was established by the Ontario Ministry of Housing in 1973 to provide grants for municipalities to make loans to assist owner occupants to repair, rehabilitate and improve their homes to local property standards. Individual loans are limited to $ 7,500 of which the maximum forgivable portion is $ 4,000. On July 13, 1993, the Ontario Home Renewal Program was discontinued. The municipality ceased issuing new loans as of this date and is required to remit the balance of the trust account to the Ontario Ministry of Housing by March 1, 1994. Loan receivables collected in each subsequent calendar year after 1993 must be remitted to the Province by March 1st of each year. In the event of the sale or lease of the home or in the event of the homeowner ceasing to occupy the home, the balances of the repayable loans and the unearned forgivable loan immediately become due and payable by the homeowner. 4. Financial Instruments Interest Rate Risk The City's trust funds are exposed to the risk that the value of investments will fluctuate due to the changes in market interest rates. The City manages its trust fund investments based on its cash flow needs and with a view to optimizing its interest income. Market Risk Certain investments within the City's trust funds are subject to the risk that the value will fluctuate as a result of changes in market prices whether those changes are caused by factors specific to the individual security or its issuer or factors affecting all securities traded in the market. crawforral smith a, swallow 26 Niagara Falls , The City of Canada Alderman Selina Volpatti, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Community Services Department BDD- 2006 -06 Business Development Serge Felicetti 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: sfelicet @city.niagarafalls.on.ca October 30, 2006 Re: Cost Sharing for Feasibility Study, Planning Solutions and Programming - Adaptive Re -use for Former Railway Bridge Council authorize staff to partner with CP Rail and share the cost to hire Studio V and FTL Engineering to prepare development concepts for the re -use of the decommissioned rail bridge and conduct a structural analysis of the bridge regarding the proposed concepts. In 2001 the City of Niagara Falls acquired the CP Rail corridor located in the heart of the tourism district for the development of the proposed people mover system. The acquisition agreement with CP obligated the City to cover the demolition costs of the rail bridge if CP were unable to sell it by December 31, 2006.The City was required to secure a letter of credit to cover the demolition costs which was estimated to be $4 million. The letter of credit costs the city $40,000 per annum. In addition, the Municipality is responsible for any reasonable maintenance costs to the bridge to a maximum of $100,000 per year. Since the term of the agreement $113,500 has been spent on bridge maintenance. Staff recently met with CP staff to discuss the extension of the demolition agreement for an additional 5 year period as well as an alternate legal arrangement satisfactory to CP other than a letter of credit which would ultimately save the municipality $200,000 over the 5 year term of the agreement. CP staff were receptive on both accounts. Over the past 5 years CP has received a couple of offers to purchase the bridge however for various reasons the transactions were not executed. Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services October 30, 2006 - 2 - BDD- 2006 -06 During meetings with CP, city staff discussions revolved around the opportunity ofworking together to develop practical development concepts for the re -use of the rail bridge which could be taken to the development community to encourage the sale and re -use of the bridge. CP staff was very receptive and willing to work together. The cost to develop the bridge concept along with the structural analysis will be approximately $65,000. The city's portion will be $32,500 and the funds will come from the bridge maintenance account which has been agreed to by CP. The desired outcome from this exercise is the potential sale of the CP rail bridge which could ultimately save the city the $4 million we are obligated to pay if the bridge can't be sold and is demolished. Council's concurrence with this recommendation would be appreciated. Reco d 'v: /Serge Felicetti Director of Business Development Respectfully submitted: 09 John MacDonald Chief Administrative Officer