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2006/02/22 Council Information *for period ended February 22, 2006* *Municipal* 1. CUPE Strike/OMERS/Bill 206 2. St. Catharines Council re: Jr. A Hockey 3. Zoning by-law Amendment Notice re: Skyline Inn 4. Billboard Signs 5. Sidewalk Snow Clearing 6. Downtown Development 7, Arts & Culture Committee Minutes *Regional* 1. 2005 Niagara Community Design Award Honourable Mention re: MacBain Community Centre 2. Regional Taxes 3. 2006 Water & Wastewater Uniform Wholesale Rates 4. TVN Niagara Inc, 5. Walker Industries Environmental Assessment *Provincial/A.M.O.* 1. Tax Rates *Other Resolutions* 1. Niagara GTA Corridor 2. Physician Recruitment 3. Watertight: Water & Wastewater Sector 4. Federal Gas Tax Funding Niagara lls CAN~,D~ MEDIA RELEASE CUPE Strike Affects City of Niagara Falls Services DATE: February 22, 2006 For Immediate Release Niagara Falls, Ontario Over one half of employees at the City of Niagara Falls are members of the Canadian Union of Public Employees (CUPE), and belong to the Ontario Municipal Employees Retirement System (OMERS). As part of a province-wide strike action against Bill 206, the new OMERS Pension legislation, City of Niagara Falls CUPE employees intend to strike on Thursday February 23, 2006. According to the City's Chief Administrative Officer, John MacDonald, "Contingency plans for the City of Niagara Falls in the event of a strike are complete and are well established. However, we remain hopeful that this issue will be resolved in advance of any strike action." City Hall will remain open, however, service will be limited and residents may experience delays should they attempt to contact staff by telephone or in person. "Our primary concern is for the health and safety of the public", states Mr MacDonald. Fire Services will not be affected and emergency service for water and sewer problems will be available." He adds that contingency plans for winter control have also been initiated. "The City has a responsibility for winter control and we are committed to keeping main lines cleared in the event of a snow or ice storm." Garbage collection and recycling will continue uninterrupted by the strike. -2- t TI ~ Business and marriage licences will not be issued, and building plan examination and inspection will not be carried out during the strike. Arena schedules for the day will be affected. Those with scheduled ice time on February 23, 2006, should consult the City's website at www.niagarafalls.ca or contact the Niagara Falls Memorial Arena at 905-358-3808 for detailed information. "We appreciate the community's patience and understanding as we strive to serve you to the best of our ability during the strike." -30- For More Information Contact: John MacDonald Chief Administrative Officer City of Niagara Falls 905-356-7521 ext. 5100 NiagaraJ M]s C~N D~ CUPE Strike Affects City of Niagara Falls Services DATE: February 22, 2006 As part of a province-wide strike action against Bill 206, the new OMERS Pension legislation, City of Niagara Falls CUPE employees intend to strike on Thursday, February 23, 2006. Thank you for your patience and understanding as we strive to serve you to the best of our ability during the strike. City Hall will remain open, however, service will be limited and residents may experience delays should they attempt to contact staff by telephone or in person. Fire Services will not be affected and emergency service for water and sewer problems will be available. The City will keep only main lines cleared in the event of a snow or ice storm. No sidewalk plowing will be carried out. Any other road maintenance items for that day will not be carried out other than emergency issues such as downed stop signs or pot holes that are of significant risk to the public. Business and marriage licences will not be issued, and building plan examination and inspection will not be carried out, during the strike. -2- The following schedule will be followed for arena users on Thursday, February 23, 2006. If your scheduled ice hour is not listed here, please contact the Niagara Falls Memorial Arena at 905-358-3808 to reschedule for another day. Niagara Falls Memorial Arena Open 4:00pm to 10:00 pm Youth Groups only Private rentals cancelled (Office only will be open from 8:30 am to 4:30 pm) Stamford Memorial Arena Closed Jack Bell Arena Open 4:00pm to 10:00 pm Stamford Skating Club Chippawa Willoughby Memorial Arena Open from 6:00 pm to 10:00 pm River Hawks Playoff game only Niagara q] Automated Attendant Message CUPE Strike Affects City of Niagara Falls Services DATE: February 23, 2006 Welcome to the City of Niagara Falls on Thursday February 23, 2006. Due to a province-wide strike by the Canadian Union of Public Employees, City services will be limited today. Please use the voice activated system in place, or dial by extension to contact staff. Please refer to our website, www.niagarafalls.ca, for employee telephone extensions, and for detailed information about our services. We would appreciate your patience and understanding should you experience any delays or interruptions in service. In Case of Transmission Difficulties, Please call 416-863-2101 or 1-866-309-3811 Please Deliver To: Clerk NI'~ F~LS ~ERKS (.~ f~17 086. "-" Ontario of thed~ EnvtronmBnt I'Envlronnement 135 St. Clair Avenue We~l 135, ~v.nue St, Clair ~t T=onto ON ~V 1PS Toronto ON M4V 1P5 February 16, 2006 Dear Municipality: The Canadian Union of Public Employees (CUPE) has indicated that it may take illegal job action. The potential for an illegal strike by CUPE members across the province could affect drinking water treatment operations, wastewater (sewage) operations and municipal waste management systems. As a result, the ongoing delivery of these important _ municipal services need to be effectively managed, and requires careful advance contingency planning. In the event of illegal strike activity by CUPE members, it is important that you ensure the continued safe operation of municipal drinking water and sewage systems, and that municipal waste is properly managed. Therefore, we ask that you familiarize yourself with the requirements in various provincial environmental laws, regulations and instruments such as certificates of approval, as they pertain to drinking water, sewage and municipal waste. Through our local District Offices, the Ministry is available to assist municipalities if you feel you require changes to your existing approvals or temporary relief under certain circumstances from requirements to have licensed or certified operators for sewage facilities or drinking-water systems, to respond to potential service disruptions. The following information will assist your municipality in implementing its contingency plans. The Safe Drinking grater Act, 2002 and the Ontario grater Resources Act, require that the operator of a municipal water or wastewater system have the appropriate level and type of qualification, l_n the event ora labour disruption affecting either type of system, there are two options available to ensure compliance with the staffing requirements under the regulation: · The owner or operating authority must ensure that any personnel who will be performing operational duties hold the correct level of certification. At a minimum the overall responsible operator must hold a certificate/licence applicable to that type of system or facility at a level equal to or higher than that of the systerrdfacility. All other personnel must hold valid operating certificates/licences applicable to that type of subsystem/facility. A professional engineer (P. Eng.) may also be used to operate the system on a temporary basis, subject to some limitations outlined in the regulations; ,,, 2 ~ 0761DE HO.~7) 100'% Recycled Chlmine Free. Mmde in Calm, da · The Act allows a Director to direct that requirements for a subsystem/facility to be operated by persons with a valid applicable certificate/licence do not apply in the event of a strike or lock-out, provided he or she is satisfied that it will be operated without a significant risk to human health or the natural environment. Any municipality requiring this direction must submit their request in writing to the Drinking Water Management Division. In developing a contingency plan for the collection and disposal of municipal waste, you may require an emergency variance or approval from the Ministry. We encourage you to be in contact with your local office of the Ministry of the Environment if you have any questions or concerns about how to respond to disruptions to drinking water, sewage and waste disposal services. Staffin these local offices from the Drinking Water Management and Operations Divisions will be able to assist you. In the event of an environmental event involving a spill and/or drinking water emergency you should continue to follow established protocols and contact the Spills Action Centre at 1-800-268-6060. Thank you for your attention to these matters. Assistant Deputy Minister Chief Drinking Water Inspector Operations Division Drinking Water Management Division Office of the Clerk February 15, 2006 Sent by fax: 416-325-3745 Honourable Dalton McGuinty Office of the Premier Legislative Building, Queen's Park Toronto, Ontario MTA iA1 Honourable and Dear Sir: Re: Bill 206 {Ontario Municipal Employees Retirement System Act] The Municipal Council of the Town of Fort Erie at is mectin§ of February 13, 2006, passed the followin§ resolution: WHEREAS the Provincial Standing Committee on General Government is currently debating Bill 206, An Act to revise the Ontario Municipal Employees Retirement System Act, and WHEREAS hundreds of municipalities in the Province of Ontario have supported the action by the Association of Municipalities of Ontario, which has urged the government to consider the potential implications of Bill 206 and to ensure the proposed policy changes protect the interests of employers, employees and taxpayers, and WHEREAS the Provincial Government has failed to listen to the important messages conveyed by employers, employees and taxpayers inasmuch as Bill 206 will result in benefit to a select grouP of employees in the Province of Ontario at the expense of taxpayers and other contributors to the OMERS Plan, and WHEREAS actuarial data estimates cost of providing the proposed supplemental benefits at $380 million per year, which represents an average property tax increase of 3% Province-wide with no improvement in service, and WHEREAS in an effort to gain the attention of the Provincial Government, the Canadian Union of Public Employees (CUPE) intends to initiate an illegal job action to raise the seriousness and urgency of the matter, and WHEREAS such job action although directed at municipalities can be directly related to the Provincial Government at the expense of municipalities; NOW THEREFORE be it resolved by the Municipal Council of the Town of Fort Erie that it calls upon, once again, Dalton McGuinty, Premier of Ontado, to halt all further proceedings relative to Bill 206 and to convene a meeting with stakeholders to determine an acceptable future course of action since municipalities, employees and retirees can ill afford to start creating special interest group plans under the OMERS umbrella, and further · ./2 Mailing Address: The Corporation of the Town of Fort Erie Municipal Centre, 1 Municipal Centre Drive Fort Erie, Ontario, Canada L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.m. Phone (905) 871-1600 Fax (905) 871-4022 Web-site: www.forterie.on.ca Honourable Dalton McGuinty Office of the Premier Page two THAT: The Regional Municipality of Niagara and Area Municipalities be notified of same with a request for support, and further THAT: CUPE Local 714 and the appropriate persons be so notified of this action. By copy of this letter to the Regional Municipality of Niagara and Area Municipalities they are being so requested to support the action by the Municipal Council of the Town of Fort Erie and to notify you accordingly. We thank you for your attention to this matter. ~Carolyi~ J."Kett, A.M.C.T., Town Clerk ckett~orterie, o n. ca Encl. c.c. The Honourable John Gerretsen, Minister of Municipal Affairs and Housing SENT BY FAX: 416-$85-64 70 Tim Hudak, MPP SENT VIA FAX: 416-325-0998 Klm Craitor, MPP SENT VIA FAX: 415-325-0818 Regional Municipality of Niagara Area Municipalities L. Eden, CUPE President T. Mather, Human Resource Manager a ara e on 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905-984-3630 PLANNING AND DEVELOPMENT Fax: 905-641-5208 E-mail: plan@regional.niagara.on.ca February 15, 2006 File: D.13.RE.am 2-2005 Mr. Dean Iorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Iorfida: Re: Final Recommendation Report DPD 17-2006, PWA 14-2006 Regional Policy Plan Amendment 2-2005 Regional Road Allowance Policies Regional Planning and Public Works Committee considered the above report on Wednesday, February 1, 2006. The decision was to refer the report to staff to review and clarify the items of concern. Staff are now working on possible changes to the report and anticipate returning a revised report to the Committee in April 2006. Should you have any questions regarding the above, please call George Nicholson at the above telephone number (or toll free: 1-800-263-7215), extension 3376. Yours truly, George Nicholson, MCIP, RPP Senior Policy Coordination Planner c: Mr. Doug Darbyson, MCIP, RPP, Director of Planning & Development City of Niagara Falls Rm/dpd/road allowance/Letter_PlanningComrn Feb 06.doc Building ¢ommuni~. Building Lives. THE CORPORATION OF THE CITY OF ST. CATHARINF:S ONTARIO, CANADA BOX 3012 TIMOTHY H. RIGBY 50 CHURCH STREET MAYOR L2R 7C2 February 17, 2006 Mayor and Members of Council City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mayor and Members of Council: I was very disappointed that Niagara Falls City Council passed a motion on February 6 directing that Niagara Falls Staff contact JDS Delcor and "advise them that Council is interested in meeting with them to discuss the possibility of a Junior A team in Niagara Falls should the proposal fail in St. Catharines". As Niagara Falls Council is aware, St. Catharines is in the middle of negotiations with JDS Delcor and such action could potentially weaken our position. I am certain that Niagara Falls City Council would not appreciate St. Catharines taking such a stance were it presented with such a wonderful oppommity. I sincerely hope that political priorities have not superceded public ones in this matter. Yours ~ Timothy H. Mayor CC: Members of Council, City of St. Catharines The City of Niagara Falls Canada PUBLIC MEETING NOTICE ZONING BY-LAW AMENDMENT APPLICATION CITY FILE: AM-03/2006 PURSUANT TO THE PROVISIONS OF THE PLANNING ACT You are invited to attend a public meeting where City Council will consider an application to amend Zoning By-law Nos. 79-200 and 5335, 1955, as amended by By-law No. 2005-85. The meeting will be held on: Monday, March 6, 2006 at 7:00 p.m. in the Council Chambers, City Hall, 4310 Queen Street. The amendment is requested for the lands known as 4608 and 4800 Bender Street, 5685 and 5705 Falls Avenue and 4915 Clifton Hill, as shown on Schedule 1. Last year, Council passed By-law No. 2005-85, which permits the development of a waterpark on top of an existing parking garage, and a series of elevated pedestrian walkways between the waterpark and the applicant's existing hotels. The applicant wishes to relocate the proposed enclosed pedestrian bridge to the Skyline Inn (4800 Bender Street) in a northerly direction and increase its height by up to 10 metres (33 feet). In addition, minor design changes to the waterpark are to be recognized. The modifications to the waterpark and the proposed enclosed pedestrian bridge are identified on Schedule 2. The lands are zoned Tourist Commercial-712 (TC-712) under Zoning By-law No. 79-200, in part, and Commercial One (C 1) and Industrial One (I1) under 5335, 1955, in part, as amended by By-law No. 2005-85. By-law No. 2005-85 is requested to be amended to reflect the design changes to the waterpark and the proposed enclosed pedestrian bridge. The meeting is being held to inform you about the application and to provide you with an opportunity to express your views. Your comments may be given verbally or as a written submission. Written comments should be submitted to the Director of Planning and Development, City Hall, 4310 Queen Street, Niagara. Falls, Ontario, L2E 6X5 prior to February 21, 2006. Please refer to City File AM-03/2006. The comments you provide, as well as the report of City staff, will help Council make a decision on the application. Council may ask for revisions to the proposal or attach conditions to its decision. If you wish to be notified of the adoption of the proposed amendments you must make a written reqUest to the Director of Planning & Development. 2 If you disagree with Council's decision on the application, you can appeal it to the Ontario Municipal Board (O.M.B.). However, under the terms of Ontario's Planning Act, if you have not expressed your views at the public meeting or sent in your written comments before the proposed zoning by-law is adopted, the O.M.B. may dismiss all or part of your appeal. A copy of the Planning and Development Division's Recommendation Report on the application will be available after 4:00 p.m. on February 28, 2006. Additional information related to the application and the proposed amendments may be obtained from the Planning and Development Division, second floor, City Hall, between the hours of 8:30 a.m. and 4:30 p.m. or by telephoning (905) 356-7521, extension 4232. This notice is dated at Niagara Falls, Ontario this 14th day of February, 2006. Doug Darbyson Director of Planning & Development AB:gd Attach. S 5ZONING~3vl SX2006XPan-03XNotice.wpd · SCHEDULE 1 LOCATION MAP Subject L and V//,~ Amending Zoning By-law Nos. 79-200 and 5335, 1955 Location: 4608 Bender St. Applicant: 1032514 Ontario Limited /~ 1006092 Ontario Limited 4800 Bender St. Canadian Niagara Hotels Inc. 5685 Falls Ave. Maple Leaf Entertainment Inc. 5705 Falls Ave. s 4915 Clifton Hill 1 :NTS AM-03/2006 k:\GIS_Requests~2006~chedules~ZoningA~-03h-napping.map February 2006 SCHEDULE 2 Page 1 of 1 Dean Iorfida - Re: Billboard Signs in Chippawa From: "Bob 3udge" <bjudge@niagarafalls.ca> To: <diorfida@niagarafalls.ca>, "Karen Kelly" <kkelly@niagarafalls.ca> Date: 2/1't/2006 8:21 AM Subject: Re: Billboard Signs in Chippawa CC: "Ed Dujlovic" <edujlovic@niagarafalls.ca>, "John Castrilli" <jcastrilli@niagarafalls.ca>, "Karen Kitney" <kkitney@ niagarafalls.ca > Dean; We received this fax from Mr. Brucato last week, the sign did receive a permit. [t was issued in November 2005 and they have just got around to the installation. T have faxed this information to Mr. Brucato and a couple of Alderman, also Ron Waters has spoken with Brucato to explain the situation. Several senior staff are aware of the Brucato fax. Bob >>> "Dean Torfida" <diorfida@niagarafalls.ca> 2/13/2006 4:25 PM >>> Please find attached a letter from 3ohn Brucato. Mr. Brucato has written before regarding the proliferation of signs in Chippawa. This past week another roof top sign when up pn the building on the south west corner of Cummington Square (Movieland, Royal Bank etc.). Bob, did this sign receive a permit? Also, please see the list of Mr. Brucato's inquiries. Assuming this did receive a permit, Karen can you comment on why the municipality can not instruct the contractor to cease erection of the sign. T will bring this to the next Senior Staff but we should be prepared to respond sooner. Thanks Dean file://C :\Documents%20and%20SettingsLAdministrator\Local%20Settings\Temp\GW} 000... 2/22/2006 02/09/2006 09:37 905523086? MERIT MUMC SITE PAGE 02/03 3086 Chipman Crescent Niagara Falls, Ontario Februan/9, 2006 Dear Mr. Mayor and Council Members, A few months a§o a roof-top mounted billboard sign was installed on a roof at the south west corner of Cummin~ton Square in Chippawa.. Many local residents voiced disapproval over the location o f this sign, including myself, and the matter was broughtto the attention of City Council. I had personally contacted Janice Wins and forwarded correspondence to Mayor Salci and the other Council members at her urging Yesterday afternoon (Feb. 8~, 2006), I noticed a crew at the north west corner of Curnmington Square starting installation of yet another similar billboard on the roof of the building at the corner of Bridgewater Street and Portase Rd. The structural work has only been started and the crew will be resumins work this mornins (Feb'. 9~) and likely completing the erection of the sign structure. This is a deplorable situation, in my view, and I am sure many residents of Chippawa will agree with me. It was not so many years ago that the City of Niasara Falls retained a consulting firm to make recommendations to help beautify this immediate area, including Cummingr~)n Square. Trees were planted around the square, new lishting and landscaping were installed. The City was also successful in having the unused railway bridge removed by CN which improved the vista along the Weliand River significantly. I do not recall billboard signage being proposed as part of this beatification program. Further, the approach to the square was recently enhanced with tree plantings along Portage road and a traffic island planted and landscaped with flowers under the "Park in the City" campaisn. Despite these efforts at beautificationf the erection of these dominant signs continues to blight our neighborhood. This sign will only further insult local residents as a daily reminder that this is not a city for the residents, but rather for commercial interests above all. To the tree and tulip planters, this can only be the ultimate indignity. I urge you to act on -this matter and request the followinS immediate steps are taken: - Instruct the contractor to cease ereczion until this application has been fully investigated. - Scrutinize the application for erection of this sign to confirm that all is in order, including: - That the s~ructure of the supporting building was physically examined by a P. En8- and reinforced to support this added load - That all aspects of this application were examined to meet environmental and all related concerns. Revoke or place a hold on any permits that may have been issued if any of the requirements have not been met to the in full. Further, I would request, the City of Niagara Falls identify the Owner of the propert>/involved and approach this party to terminate the erection of this sign at this location. My inquiries with the Building Department a few months ago revealed that mis is not just an issue for Chippawa residen~s~ but ~:hat the City is flooded with applications for similar signa§e. I believe a moratorium was proposed while the matter of regulatins continued installation of such signage could be studied. In pa~icular, I have been hopeful that prior to any further installations, public notice would be posted and an opportunity for residents to participate in the approval process. Ms. Wins has not kept me advised on this ma~ter. 02/09/2006 09:37 9055230867 MERIT MUMC SITE PAGE 03/03 Visitors to the City of Niagara Falls do not need to see a city totally dominated by commercial interests. Nia§ara Falls, Ontario, has enjoyed a reputation in the past as not only and entert~inin§ and rewardin§ destination, but also an attractive place to reside. The unbridled installation of these billboards cannot possibly enhance the livin$ experience here in Niagara. t Cc: Mr. Cord Howard, ~liagara Falls Review Community Services Department The City of Municipal Works Ed Dujlovic P.Eng Niogoro Foils 4310 Queen Street Director P.O. Box 1023 Canada 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 February 16, 2006 Rev. Dr. Ken Smith 3272 Addison Avenue Niagara Falls, ON L2J 3K9 Re: Snow Clearing Sidewalk Dear Rev. Smith: In response to your recent letter regarding the above matter the City's position as indicated in my January 25, 2005 email to you remains the same. That is the City cannot accommodate your request. The City does receive numerous requests from residents requesting this service, however, the City does not have the resources to perform snow clearing for all the sidewalks in the City. Yours truly, Director of Municipal Works ED/mt ext. 4220 Cc: Ken Burden, Director of Finance ~/Dean Iorfida, City Clerk Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services ~ F~b l~ 06 lO:3?a K~n Smith 905-356-809~ p. ! i dlrP Rev. Dr. Ken Smith. 3272 Addi~n Avenue, Niaga~ Fails, Ontario. L2~ 3K9. Canad~ TeL 1 (90~ 35~2048 .... · Fax. I (905) 14~ Februa~ 20~. ' ' ~ Mr ~d Dujlovic x Public Wor~ Manager, Niagara Falls Ci~ Council, /~ ~[~[?/"" ~. Ontario. Dear Mr Dujlovic Further to my letter of the 8th Februa~ with copies to the City Treasurer and Ci~ Clerk, I notice this morning that the small ci~ snow plow has done the Side Walks on Heritage Drive and Portage Road but no sign of it on the one side walk in Addison Ave. I am still waiting of a reply to my letter of the 8t~ to see if this 5 minute work can be done in Addison Ave. Because of medical conditions which I explained to you both my wife and I are not allowed to move snow and have to pay to have it removed. Maybe at the end of Winte~ I sh~fild send an account to City Hall to cover the cost of what we have paid for this work and it can be taken off our City Tax Bill. i Look forward to hearing from you. Sinerely. ~/~ c~.~ ~/ Rev Dr Ken Smith. Copy to Mr Ken Burden and the City Clerk. · Community Services Department lhe Qty o! Municipal Works N~agara Falls ~~. C Inter-Department Memorandum ~ ! - TO: Ken Burden DATE: March 3, 2005 Director of Finance FROM: Ed Dujlovic Director of Municipal Works Ext. 4220 RE: 3272 Addison Avenue Further to our conversation regarding Reverend Ken Smith's letter of February 24, 2005 I have attached email correspondence between Reverend Smith and myself. As explained to Reverend Smith we could not accommodate his request as we did not have the resources to carry it out. In order to plow all the City sidewalks staff has estimated that an additional $600,000 would be required in the budget. Should you require any further information regarding this matter please contact me at your · convenience. ~~. Attach: Working Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services Page 1 of 2 Ed Dujlovic - Fwd: Re: Snow clearing From: Ed Dujlovic To: Crabbe, Cathy Date: :1/26/2005 11:35 AM Subject: Fwd: Re: Snow clearing FY[ >>> "Ken Smith" <krsmith2@cogeco.ca> 1/25/2005 8:03:26 PM >>> Tuesday Ed Dujlovic Sorry to read your E.Mail that you cannot do our sidewalk for us. reason we asked because my wife has back trouble and I had Open Heart Surgery 5 bypasses which stops me from clearing the snow. Very disappointed with your decision considering that you do Heritage Drive and we only have a small sidewalk. I expect the Tourist areas will be well covered. We shall have to pay for this to be done, considering we are Seniors will take some funds from our income. SO I will approach the Mayor and ask if we could have a decrease in our City Taxes to cover this work. Rev Dr Ken Smith --- Original Message m__ From: Ed Dujlovic To: krsmith2~cogeco.ca Sent: Tuesday, January 25, 2005 8:54 AM Subject: Re: Snow clearing Rev Smith, ! am sorry to say that we cannot accommodate your request. We are having difficulty in completing the sidewalks that are on our list to be done. Ed Dujlovic P. Eng Director of Municipal Works City of Niagara Falls (905) 356-7521 x 4220 (905) 356-2354 Fax > > > "Ken Smith" <krsmith2@cogeco.ca> 1/18/2005 1:1:06:32 AM > > > Tuesday Sorry Ed I think I have confused you by the use of an British work pavement. I should have said side-walk. We only have one sidewalk in Addison and its on our side of the Ave. Your small plow does Heritage and I ask if its possible for it to come down Addison and do the sidewalk in front of my house. hope this clears up the confusion. Best wishes. file://C:\Documents%20and%20Settings~a~dministrator\Local%20Settings\Temp\GW} 0000... 3/3/2005 Page 2 of 2 Ken Smith Original Message From: Ed Dujlovic.. To: krsmith2~cogeco.ca Sent: Monday, January 17, 2005 12:15 PM Subject: Re: Snow clearing Rev Dr. Ken Smith, I was confused in the past as to what your request was. When I talked to Operations they assured me that your street was plowed. If appears what you are referring to is the driveway entrance for your home. The City does not clear the snow, windrow, that is pushed from the road into your driveway entrance. We get numerous request and complaints from residents on this issue. The City does not have the resources to this service. Dujlovic P. Eng Director of Municipal Works City of Niagara Falls 356-7521 x 4220 905) 356-2354 Fax "Ken Smith" <krsmith2@cogeco.ca> 1/17/2005 6:10:41 PM >>> Monday 17 January 2005. Hi Mr Dujlovic, have sent you two E.Mails regarding the snow clearing of my pavement at the front of my house and the situation to you. I though the city machine last week had cleared it for us but I was wrong, )ne of our neighbours kindly did it for us. .~an you please reply and let me know if my request regarding if your pavement machine can do this for me in Addison Ave??? Waiting to hear from you. let the Alderman know that I have contact you about this. {er Dr Ken Smith 3272 Addison Ave, Niagara Falls. file ://C:\Documents%20and%20SettingsLa-dministrator\Local%20Settings\Temp\GW} 0000'" 3/3/2005 File~I ~-' i N~agara Falls Inter-Department Memorandum Canada TO: /'~':"~,~g~" .---c----.~ March 1, 2005 Tony Ravenda Executive Director of Corporate Services ,.?,?:.;t ....... '---.-.~...~..., ..,-. % Director of Municipal Works ~i~" , .... · FROM: Ken Burden ~;~, ,:~I~cERj~;~ /~'~.~ Director of Finance Ext. 4288 ~,~:~. -~'/' RE: Snow Plowing - Addison Avenue --c~ ' ~..~ Please note the attached letter from Rev. Dr. Ken Smith of 3272 Addison Avenue. What direction of reply would you suggest? Rev. Df. Ken Smith. 3272 Addison Avenue, Niagara Falls, Ontario. L2J 3K9. Canada. 2005. TeL 1 (902) 3~6-Z048 Fax. I (905)356~094. Mr Ken Burd0n City Treaurer. '.' Niagara Falls City Council, City Hall, Niagara Falls. Ontario. Dear Mr Burdon, I put before one of the Aldermen and the Mayor the question of the small City Snow plow doing the sidewalk outside my house. The reason for this request was that my wife has a bad back and I had Open Heart Surgery 5 by=passes and we are not allowed to clear the snow. I did explain this fully to Alderman and the Mayor who kindly passe~d it on for consideration to the Manager of the City Roads Department Ed. Both Ed and I exchanged E.Mails about the request and I informed him that there was only one sidewalk on Addison Aveand it would only take about 5 minutes to snow plow it. He replied back to say that he c~uid not oblige and fit it into the programme. Yet both side walks on Stanley Ave near the cemetery are plowed and there is no houses there. Both sidewalkS in Heritage Ave are plowed and we pay as much in City Taxes as them. Considering our difficulties. I am sure some he. could be given to us. We do have our driveway plowed by a contractor and pay for it. Both of us are Seniors so we have to watch the fimmce .~__~'~'.ry.carefully. ' We feel that if we have to have the sidewaik Plowed a'nd pay for this, then we should ask the city for a reduction in our City Taxes. As I pointed out above we pay our City Taxes and do not get the same service side' walk plowing those in some of the other streets do. Look forward toa reply from you. ~./2TM ...... ~-- .,.,, ,. '.. i ~ Rev K. Smith February 14, 2005 ~"~ ~,~.7..'~u~/L~' FEB T ~ Z006 ~ Editor, Mayor Salci and City Council ~.~.ur~~ Le~er to the Re: City Council - Qu~n Street Investom Flint, let's take a I~k at ~o o~s these p~ies in this area? Corporations? Numbered Companies? Hotel or Tourism owners? Who? A few years back, Council spent a number of dollars improving Queen street from Victoda Avenue to River Road. The property owners did nothing (that I'm aware of) to help improve the area themselves. Now, City Council has some out of town "experts" advising them how much to spend of our (Tax payers) money and how to spend it. They propose to the City to spend $35 million on 3 new downtown parks, wider sidewalks, re-aligning some intersections and building a parking garage which the city would be building to supply parking for businesses in the Queen Street area. My question is, How is the small amount of $70 million dollars (contributed from investors) going to draw businesses back to the Downtown, when $35 million from the City can only build 3 parks and parking garage? I see no guarantee in this proposed downtown investment. i believe it is a wiser investment to buy out these downtown properties at its' current assessed value and build their parks and garage and use the rest of the property for a large arena and convention centre. This is a smarter way to spend $35 million (or more) of OUR hard earned tax dollars and a bigger benefit to locals, as well as a long time investment for the city. The downtown would also benefit from this plan. Cliff Koabel T Ti ~ Nio0a~a Fa,sll~.. ARTS & CULTURE COMMITTEE THURSDAY, JANUARY 26, 2006 7:00 P.M. MacBAIN COMMUNITY BOARD ROOM (7150 Montrose Road~ MINUTES Present: Karen Akalu (Chair), Winston Heron, Philomena McCracken, George Vallo, Mark Matthews, Barbara Buetter, Alderman Wayne Campbell, Colleen McLaughlin, Dolores Shwedyk (Secretary), Cynthia Roberts (Staff) Reerets: Rick Rose, John Harkness Resignations: Pattie Wallington and John Watson indicated via mail and email messages respectively that they have resigned from the Arts & Culture Committee. John indicated that he wishes to continue as an Associate Member. New Member: Brian Smylski was introduced as a new Committee member and welcomed by everyone. Brian is replacing Jane Embleton who resigned in the Spring, 2005. 1. Adoption of Minutes · Minutes of November 24, 2005 IT WAS MOVED BY Colleen McLaughlin, seconded by George Vallo, that the minutes of the meeting of November 24, 2005, be approved as written. Motion Carried 2. Business Arising · CAO Conference 2008 Cynthia advised that she spoke with to Adele and Steve and they both agreed that hosting the Conference would be good for the community and she advised that she would discuss this with the new Director, Denyse Morrissey and seek direction. Cynthia also advised that she e-mailed the CAO Conference Organization with questions regarding financial support, corporate monies in sponsorship, job descriptions and time lines. Answers will be forthcoming in the next few weeks. · Skatepark Graffiti Update Cynthia advised that Constable Joanne Carter of the Niagara Regional Police Services, a Police Expert on graffiti was invited to attend the Mayor's Youth Advisory Committee meeting on December 7, 2005. After the presentation and discussion, The Mayor's Youth Advisory Committee made the following motion to Council: -2- "Mayor's Youth Advisory Committee do not support graffiti at the Skate Park and that they support whatever action is necessary to remove it". · Status on the renaming of Peer Lane to Nathanicl Dctt Street Cynthia advised that she spoke to thc Legal Department and they arc still in a back log and have not been able to get to it. She did advise them that February is Black History Month. 3. Communications · Monthly Scheduled Meeting Dates for 2006 · Lundy's Lane Historical Society Meetings · Report R-2005-65 - Appointment to Arts & Culture Committee · Mayor & Council's 2"d Annual Chilli Cook Off- Tues., February 7, 2006 IT WAS MOVED BY Barb Buetter, seconded by Mark Matthews, that the above communications be received and filed. Motion Carried 4. Sub-Committee Reports a) Planning Committee No Report b) Program & Public Relations · Report dated January 16, 2006 Carol Cowlishaw arrived at this time. Carol advised the Committee that she will not be writing the articles for the ArtScene but only editing them. She also requested that all articles should be submitted by June 2006. Barbara informed the committee that she will write/edit the articles prior to Carol receiving them. Due to work and school commitments, Barbara will concentrate her committee responsibilities on the ArtScene for this year. Erika Beatty from Niagara Symphony Orchestra arrived at this time. She has volunteered as an associate committee member. IT WAS MOVED BY Colleen McLaughlin, seconded by George Vallo, that the address of the website be changed from artscene to arts&cultureniagarafalis.com Motion Defeated · -3- IT WAS MOVED BY Colleen McLaughlin, seconded by Brian Smylski, that a marketing plan be implemented for the Arts & Culture Committee. Motion Carried IT WAS MOVED BY Mark Matthews, seconded by George Vallo, that the above report be accepted Motion Carried c) Awards · Report of January 11, 2006 · Proposal for Wall of Fame Project Development Cynthia advised that Adele made a suggestion that the Wall of Fame could possibly be put on the wall going up the staircase at the MacBain Community Centre. After a brief discussion a motion was put forth. IT WAS MOVED BY Barb Buetter, seconded by Colleen McLaughlin, that the Awards report be accepted with the exception of the motion to accept the temporary location of the Wall of Fame in the old City Hall front windows. Motion Carried Cynthia suggested that the Awards Committee consider Lucille Hilston - a composer, Ann Speedie, a deceased member of the Niagara Concerts Band and Linda Hankin as possibilities for the Wall of Fame. IT WAS MOVED BY Brian Symlski, seconded by Barb Buetter, that the Awards Committee and the Planning Committee develop a policy and procedures criteria for the Wall of Fame. Motion Carried d) Finance · 2005 Financial Statement · CD sales update IT WAS MOVED BY Mark Matthews, seconded by Winston Heron, that the above statements be received and filed. Motion Carried e) Ad Hoc - CD Committee · Report - Project Summary Mark Matthews advised that the River Radio Station is supporting the CD and that they requested a CD package, which they will advertised and play on their radio station. -4- f) Strategic Plan Update Barb Buetter advised that the Community Consultations took place in November of last year and the Consultants are now preparing a report based on their findings. The Steering Committee is scheduled to meet in early March to discuss the Community Consultation Report and Needs Assessment. g) Regional Arts, Culture & Heritage Ad Hoc Committee Update Karcn advised that the Regional Arts, Culture & Heritage Ad Hoc Committee will be gathering information and putting together a community mapping program. She advised that this Committee is enthusiastic and very productive. 5. 2006 Committee Elections Election for the Chair and Vice-Chair positions took place. Karen Akalu was nominated and elected as Chair of the Arts & Culture Committee. Mark Matthews was nominated and elected as Vice-Chair of the Arts & Culture Committee. 6. New Business Reminder: Adele's Retirement Party - Thursday, February 16, 2006 IT WAS MOVED BY Mark Matthews, seconded by Alderman Wayne Campbell that Niagara Symphony Orchestra representatives be invited to attend the February meeting to give a deputation. Motion Carried It was agreed to add ArtScene to the pending list with a deadline of the end of May 2006. Alderman Wayne Campbell gave a brief overview of his attendance in Charleston and New York City regarding the Downtown Community Improvement Plan. He advised that if the Council goes ahead with this project, it will truly make Niagara Falls a great City. 7. Information Sharing (Display Table) · Niagara Falls Art Gallery Fall & Winter Adult Programs · Brock University Centre for the Arts Community Dance Workshop -Feb. 4, 2006 · Brock University Centre for the Arts Upcoming Events · Email - Donors to Arts & Culture in Canada · Peterson's Community Workshop Thank You Letter & Mini Calendar 8. Adjournment IT WAS MOVED BY Mark Matthews, seconded by George Vallo that the meeting be adjourned and that the next meeting be held on February 23, 2006. Motion Carried S:~Arts & Culture Committee',Minutes~2006~January 26, 2006.wpd OFFICE OF THE REGIONAL CHAIRMAN PETER PARTINGTON The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontado L2V 4T7 Telephone: 90~85-1571 E-mail: peter.pa~ington~regional.niagara.on.ca & February 10, 2006 Ms. Adele Kon Director of Parks, Recreation & Culture City of Niagara Falls MacBain Community Centre 7150 Montrose Road Niagara Falls, Ontario L2E 6S5 Dear Ms. Kon: On behalf of Regional Council I congratulate you on receiving Honourable Mention for the 2005 Niagara Community Design Award for Best Brownfield Redevelopment. Niagara Region is encouraged by the efforts of both government and the private business sector to follow the principles of Smart Growth. By giving careful thought to environmental issues and by "thinking outside the box" in considering this development, you have reclaimed a previously under-utilized site and transformed it into one that will be used by people of all ages and with a variety of interests. Thank you for your efforts in the design and building of the MacBain Community Centre and for remaining committed to the .vision, leadership and innovation needed to revitalize our community. Yours truly, Peter Partington Regional Chairman PPs056-06 Niagara'Jl / , Region Office of the Regional Clerk 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V Tel: 905-685-1571 Toll-free: 1-800-263-7215 Fax: 905-685-4977 www. regional.niagara.on.ca February 10, 2006 Our Ref.: CSC 2-2006, February 1, 2006 Correspondence Item CS 17-2006 (CSD 14-2006, January 11, 2006) F.05.0999 Mr. Dean Iorfida, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Iorfida' Resolution Respecting Apportionment of Regional Taxes The Council of the Regional Municipality of Niagara, at its meeting of February 9, 2006, approved the recommendation of the Corporate Services Committee to forward the following recommendation by David Eke, Regional Councillor, Town of Niagara-on-the-Lake, for your comment: 1. That Regional Council support the Town of Niagara-on-the-Lake's Report CS-05-050~ noting concerns that a disproportionate share of Regional taxes is levied on Niagara-on~ the-Lake for common services delivered to all remaining eleven municipalities as a resul.~- of the allocation of municipal taxes based upon Property Assessment values as deemec[~ r-' by the Province. 2. Niagara Regional Council notes that the level of Regional taxation is in part determinec~; by the degree to which the property tax base is required to subsidize provincial an~ health programs in Ontario, which is uniquely high in comparison to other Canadiart~ jurisdictions (i.e. $3.2 Billion per AMO). 3. That Regional Council request the Province of Ontario to provide alternatives to Regional Councils other than "property assessment" when allocating costs for common services to lower tier municipalities, that these alternative tax formulas provide increased fairness to Ontarians in the distribution of property taxes. 4. That copies of this new report go to the provincial Finance Minister with copies to all Regional MPP's regardless of party affiliation. Building Community. Building Lives. CSC 2-2006, February 1, 2006 CS 17-2006 A copy of the background report CSD 14-2006, and CS-05-050 from the Town of Niagara-on- the-Lake, is enclosed for your information. Yours truly, Pam Gilroy Regional Clerk /bs Attachments cc. G. Lockyer, Acting Commissioner of Corporate Services ~T CSD 14-2006 January 11,2006 Niagara' / , Region REPORT TO: Chair and Members of the Corporate Services Committee SUBJECT: Apportionment of Regional Taxes RECOMMENDATION That this Committee recommend to Regional Council: That this report be received for information. EXECUTIVE SUMMARY The Town of Niagara-On-The-Lake (N-O-T-L) recently asserted that a disproportionate share of Regional property taxes is levied on N-O-T-L as a result of the allocation of municipal taxes based upon prOperty assessment values. Since N-O-T-L;s assessment per capita is relatively higher than Other area municipalities, there is 'a proportionately higher per capita allocation of Regional 'taxes to N-O-T-L. Howeverl given the legislative regime that governs property assessment and tax policy in Ontari0; it is' unlikely that there will be any change to the current apportionment methodology in the near future. Wealso note that the level of Regional taxation that is subject to apportionment is in part determined by the degree to which the property tax base is required to subsidize provincial social and health programs in Ontario, which is uniquely high in comparison to other Canadian provincial jurisdictions. It has been calculated that elimination of this subsidization would reduce N-O-T-L's residential property tax burden by 22%. PURPOSE The purpose of this report is to provide a response to N-O-T-L's concerns over the apportionment of Regional taxes. CSD 14-2006 January 11,2006 BACKGROUND At the November 14th Corporete and Financial Services Committee meeting, Correspondence CFS 82-2005 and CFS 87-2005 were received and referred to staff for report (see attached). These reports discussed the apportionment of Regional taxes, the cost of Regional services, asserted that there is a disproportionate share of those Regional taxes that are levied upon N-O-T-L, and proposed options for reducing N-O-T-L's Regional tax burden. REPORT Assessment and Tax Policy In responding to the concerns from N-O-T-L it is important to note that in the Province of Ontario the apportionment of Regional taxes and the ultimate burden of taxes on property ownere are determined by severel governing bodies. Each of these bodies is involved to a varying degree in setting and administering assessment and tax policy. The respective · . responsibilities of each body are outlined as follows: Ministry of Finance The Ministry of Finance is the principal ministry responsible in setting assessment policy and standards across the province and setting the majority of regulations governing assessment and tax policy. The Ministry of Finance also sets the education tax retes for each property class. Ministry of Municipal Affairs and Housinq The Ministry of Municipal Affairs and Housing is responsible for developing certain property tax policy regulations under the Municipal Act and the Tenant Protection Act Municipal Property Assessment Corporetion (MPAC) MPAC administers, but does not set assessment policy. Their main responsibility is to calculate assessed value and to classify properties according to the legislation and regulations set by the provincial government. MPAC also provides information on all properties to Ontario's municipalities and taxing authorities on annual assessment rolls and collects information for the purposes of preparing provincial jury lists, school lists and municipal voters' lists. Municipalities Regional Municipalities are responsible for developing tax policy to allocate taxes between classes of. properties, and for the calculation of Regional tax retes once Regional Council has determined its revenue requirements. Area Municipalities are responsible for calculating local tax rates based on Regi(~nal tax policy and local revenue requirements, issuing property tax bills for Regional, local and educations purposes, and collecting property taxes. 2 CSD 14-2006 January 11,2006 Currently, properties in Ontario are assessed annually for taxation purposes at their' current market values and any Change (like the changes proposed by N-O-T-L in assessment methodology and method of allocation property tax revenues) would require an Act of Provincial Parliament. Given recent discussions with provincial staff there appears to be no intention by the province to make changes in that respect. It should be noted that the issue of property assessment was recently discussed at the AMO conference held in Niagara this October where a presentation on the use of market value assessment and the limitations associated with it was made by Enid Slack of the Institute for Municipal Finance and Government. In assessing alternatives to current value assessment against the characteristics of a good local tax, it was ultimately concluded that, in as much as property assessment based on market value may have its problems, the alternatives considered were deemed to be worse. Local Property Taxpayer Subsidization of Provincial Programs Since the downloading of provincial services in 1998, as noted by AMO, the Province has required Ontario municipalities to further subsidize the cost of provincial health and social services programs from the property tax base. In Ontario municipal property taxes are used to subsidize these programs and which subsidization amounts to approximately $3 billion annually). In Niagara, in 2004, property taxpayers spent $104 million on Ontario Health and Social Services programs, such as Children's Services, Social Housing, Ontario Works, Public Health and Land Ambulance. Notwithstanding the essential nature of these programs, the $104 million funding gap translates into a 41% increase in Regional property taxes and as stated in the attached correspondence, removal of this funding from the property tax base would reduce N-O-T-L's residential property taxes by 22%. Similar issues have been repeatedly discussed and escalated to the Province by the Region. For example at the Regional Council meeting of November 24th, 2005 a resolution was passed supporting a request for the Province to remove the obligation for funding its many social programs through the municipal property tax base. Assessment Capping N-O-T-L proposed pursuing the concept of assessment capping at the regional level to limit median assessed value per household in any one municipality to a maximum of 10% above or below the median assessed value for the 12 area municipalities. As indicated previously, this form of tax mitigation is not allowed under current legislation nor is the Province contemplating introducing legislation that would allow for it. It is also important to note that the cost of a reallocation of taxes such as the one proposed by N-O-T-L would simply shift the tax burden to other property tax payers in Niagara. Only a move by the Province to reduce the total tax burden on municipalities would provide universal relief to Niagara's property taxpayers. 3 CSD 14-2006 January 11,2006 Current legislation does allow for the phasing of the impact of residential reassessments. However with reassessment now occurring annually, administration of residential phasing would become extremely cumbersome while only deferring the ultimate property tax liability. As such this has not been recommended or given further consideration at this time. Ontario Municipal Partnership Fund (OMPF) N-O-T-L also discussed in their correspondence the implication that the OMPF has in respect to Regional cost apportionment, specifically that portion of the grant which provides funds for policing costs in rural communities. Currently this portion of the OMPF considers the Region as a whole and as such does not affect any municipalities in Niagara. It should be noted that Regional staff have had recent discussion with the Province in looking at Niagara as a possible pilot site in tailoring the OMPF grant to local circumstances. This may allow N-O-T-L's issue of high assessment and high Regional cost apportionment to be addressed in the allocation of OMPF funding. Staff will continue to investigate the feasibility of this and report back to Committee and Council subject to further discussions with provincial staff. Submitted by: Approved by: Bob Diakow Mike Trojan Acting Commissioner of Corporate Services Chief Administrative Officer This report was prepared by John Murphy, Manager, policy and Development and reviewed by Gord Lockyer, Treasurer/Director, Financial Management & Planning. : RECEIVFn! ' ' NOV' 0 2 2005 REGION?,: '.,h;,~,u CORPORATE SERVICES ] 1593 ~ ROZD 1 Nlagara- n-lne- Fx~ 905~8-2959 ( LOS 1T0 October 28~ 2005 A16R-CL The Regional Municipality of Niagara Office of the Regional Clerk · 2201 St. DaVid's Road W. -"'"" ~O. Box. ~.042" --Thorold, ON L2V 4T7 Attention: Ms. Pam GilrOy Regional Clerk Dear Ms. Gilroy: Re: Town of Niagara-on-the-Lake Corporate Services Reports Please be advised that the Council of the Town of Niagara-on-the-Lake at their '~ . \ regular-meeting held Monday, October 24, 2005 approved the following ~ recommendations as contained in Corporate Services Report CS-05-050: · ..~. · . : · ;' ~, ,- q.:...,.- . ' report C~-05-050 be received for information; and, 2. that report CS-05-050 be forwarded to the local MPP, the Regional MuniciPality of Niagara. Yours truly, " Holly Dowd ,. Town Clerk ~ -- copy:Mr. Klm Craitor, MPP '..:- -'. .- ':',.,:::':' ...: ,'..: ..:: .. , . ._;..,... -:.,: .- Er/cl; :. -:;:: c,-:i~,:; . . . .:, ...... .... . ...-.... .... .,.c~.,~, ,...p~.~,~ ,,..:, . . . . · , .'.. '-", . . ' .~ ..... , .. ., .-.. ~i. ,:: .~ '?.'.-:'. ,/ : :" "'" ~"'"'"'"" ...... , "...'.,'-' ...-.. ' .: . ?.'-:' ..~,,,,'::.:.".:.'~. ,;.;:::,!:'~ii,.':-'~' First CaDital of UDDer Canada - 1792 1 · .. RECBVP'n n 'T 3 12005' . ~0 ..... F~, , - - T Telephone {905) 46~266 - ~il. Facsimile {905} 46~2959 LOS il0 Repoa: 0S-05-050 Submi~ on: October 07. 2005 Report To: Corporate Services Advisory Committee Subject: Town's Share of Regional Levy in 2004 report' CS-04~055 reported that the Town of Niagara-on-the-Lake incurs a disproportionately large portion of the Regional Municipality of Niagara's Tax Levy. The purpose of this report is to update Council using 2005 data. Table i sl~0ws that in 2005 the Town is responsible for'S1'6,179,471 (2004 - $15,0i5,072) of the Region's total levy of $251,686,154 or 6.43% (2004 ~ 6.39%) of the Region's total tax. levy. This amount represents the 5th highest requisition of ail the Regional Municipalities, Table i also shows · that the Town has a population of 13,830 which represents 3.37% of the total popula~tion of the Region. The Town has the third loweCt population in the Region. · that the Town has 6,017 houCeholds which represents 3.4~% of the total households of the. Region. 'The Town has the fourth lowest number of househOlds in the Region. If the total Regional Levy. was allocated to the local municipalities based on' population or hgus. e,hOlds the requisit, ion from th'e Region to the Town. would be $8,478', 120 (2004 - $7,91.8,22) and $7,423,6614 (2004 ~$8,177,621) respectfully. Table II depicts the. breakdown of the Town's share of the Region's Le.vy by Regional depa.rtments. The table shows the current Region's levy..and each 'dep.artmen.ts share of the levy. based on'property assessment. The table also shows the Region Levy and each departments share of the levy if the levy was allocated to the Town' by PoPUlation. As seen in the table the Town's current share of the 2005 Police Services.BUdget is $6,365,310 (2004 - $5,821,026) and if it was possible tO allocate this cost based on population the Town's share would be $3,336,910 (2004 - $3,069,70.9). A difference of $3,028,400 (2004~- $2,751,317) or 47.5%.' If it was possible to allocate this cost baSed on households the Town's share would be $3,445,829 (2004 - $3,170,130). A difference of $2,919,481 or 45.9%. Repod :.CS-05-050 Paqe I What ~vould a reduction in the amount requisitioned from the Region to the residents of Niagara-on-the-Lake mean. The following comparison shows the total taxes on an aver. a.§e Ceside~tial. properly in Niagara-on:the-Lake./f the Region .would levy the Town'. based...o.~,pop, ulation:,.: - ' ........ ' ' " '" -.... ~- .. ~: · ...:.: .~,'.' . :;. , ~'~' ,"..'.~"~... ;, . :~. ";:';.' .. COMPARISON OF TAXES ON A PROPERTY ASSESSED AT $24.0,000 Current Region Difference Taxes Levied by Population $ $ $ Town's Taxes 525 525 - Education Taxes 711 711 - Regional Taxes 1,825 953 (872) 3,061 2,189 (872). As can be seen in the above chart, the taxes on an average residential prope.r[y'in Niagara-on-the, Lake would decrease by $.872. This amount repreSents a decrease of · .v.:.,.'..:.. , :'. . ' .' ..."," 28.5% to the taxpayers of Niagara-on-the-Lake. - -' The .above comparison has been simplified and has not considered .severa'i f.a~.toi'rs.'' .Th6se factors include but are not limited to: ';" · Effect on other municipalities · Provincial legislation EFFECT ON' OTHER MUNICIPALITIES TaS[e ! not only shows the effect of 'a change in ailocating the Region's Levy b~t-~I~'0~' shows the effect on the other local municipalities. As can be expected there 'would be "winners" and "losers"if the allci(~ati~n method was changed. The residents of Niagara Falls, Fort Erie, Grirnsby, Pelham and Lincoln would benefit from a system that would allbCate the Region's Levy based on population. All other residents' Of'the Region. would see an increase in thei~ total taxes. In order to' a[tempt to mal~e a 'change in the sYStem the-Town would require the support of the aSov~-mentioned municipalities. Paae 2 PROVINCIAL LEGISLATION Current:legislation does not allow, upper tiers to .-Ib.v.y' their t~Xes'to"the, lower tier municipalities by any other means Other than by property assessment.' FOr'the R&gioh to alter the manner in which their levy is charged to the local municipalities~ a change in the Municipal Act would be required. RECOMMENDATION It is respectfully recommended: 1. that report CS-05-050 be received for information; and, 2. that repo,rt CS-05-050 be forwarded to the local MPP, the Regional. Municipality of Niagara. Respecffully~ubmitted, · ~ Martin' Yamich ... DirectOr o: i°rp0rat'e Service~ ..': . · Lew Hollo ayw~ Chief Administrative Officer ATTACHMENTS populevy0~.~ts First Capital of Upper.Canada- 1792 R~nnrt - ~.q-05-050 Pa~e 3 11"--- ~ REPORT CAO-05-017 NOVEMBER 7, 2005 REPORT TO: · CORPORATE SERVICES ADVISORY. COMMITTEE' ._ SUBJECT: CoST OF REGIONAL SERVICES On September 26, 2005 CoUncil approved the folloWing resolution: "that staff prepare a repOrt that investigates the pros and cons of the Municipali~ of Niagara-on-the-Lake divorcing itself from the Niagara Region~ including the possibility ora' new formula for charging of services to the municipalitieS, and prOvide Comment on the feasibility of the municipality paying for its required services, if separated from the Region. It is requested that staff prepare the repOrt as soon as possible, but no later than January. 2006." In 2004, the residents and businesses of the Town of Niagara-on-the2Lake paid the Region $15,015,172 for the following .services; Regional Police Ontario Works (Social Assistance) SoCial Housing .. Corporate SerVices Regional Roads Land Ambulance Public Health Non-Departmental Children's Services - Senior Citizens Assessment Services NPCA, NetCorp & other Grants Regional Planning Emergency prOgrams Total Property taxes paid amounted to $29,331,336 broken down as follows: Region $15,015;172 (51.2%) Education 10,015,590 (34.1%) Town 4,300,574 (14.7%) Total $29,331,336 (100%) CAO-05-0i7- PAGE 2' Residential Property Taxes: . Total residential property.taxes paid during 2004 totaled $18,729,799 broken down as follows: Region $11,043,952 (59.0%) Education 4,526,573 (24.1%) Town 3,159,274' (16.9%). Total $18,729,799 (100%) The question has been raised "What would it coSt for the Town to proVide those services if it were to secede from the Region?" Firstly, the current legislation does not allow for this possibility, and the Minister has indicated that he is not prepared to entertain the possibility of a change to the legislation to allow municipalities to secede from the Region. Notwithstanding this, the matter is extremely complex, and the 'following is provided as discussion points for Council's 'consideration: (All costs provided are for 2004) Regional Police: The cost to the Town for the policing ($5,821,026) is extremely high based on .any reasonable measure: Il'the costs were based on households or population, the mount payable would be - $3,445;830 or $3,336,910 respectiVely. It is reasonable to assume that the Town could provide a much higher level of police services within its boundaries for this amount if it.were able to have its own police force. However, the Regional Police provide services in relation to crime and international security that may not be able to be provided by a local service. The new Ontario Municipal Parmership Fund adds another dimension to the argument because of the provision of provincial subsidies to municipalities with policing costs above $150 per household. Under the current system, the Province only considers the Region-as a whole for the subsidy because the Region Provides the policing service even though the individual municipalities pay for the service. Currently, policing costs the Town in excess of $700 per household. If Policing for the'region was contracted to the OPP, it is reasonable to assume that the contract could be structured to allow for billings based on service'levels to the various municipalities, or- some factor based on the number of officers provided to each municipality. In either case, NOTL would pay significantly less than it is paying now for policing. The residents and businesses of Niagara-on-the-Lake are currently paying an exorbitant amount for policing, and a change in the method of allocating costs is necessary if we are to restore any resemblance of fairness to the system. Other Regional Services: · In'2004, the Town paid the Region $2,062,281 for the services provided by Public Works (approx. $1 million for roads); $936,926 for Corporate Services; $689,271 for Land Ambulance: $657,000 for Assessment Services; $279,374 for N-PCA and NetCorp a~d other grants; $115,265 fOr Regional planning; and $706,443 for non-departmental Costs. Since N~agara-on-the-Lake costs for these programs is based on assessment, the Town is paying almost double what it would be paying if based on householdS or population. These costs continue to increase at a faster rate REPORT CAO-05-017 - PAGE 3 ? for Niagara-on-the-Lake because our total assessment has been increasing at a faster rate than the average for the other municipalities. Water and Sanitary Sewer Costs: Regional Water and Sanitary Sewer costs are recovered through the water and sewer rates charged by the Region to' the Town based on usage. In 2004, the Town paid the Region the mount of $1,172,153 for the supply of potable Water 'and $1 ;251,737 for the treatment of sanitary sewer. Although expensive because of the outcome of Walkerton, these costs are billed equitably based on usage and are not based on assessment. We can somewhat control our costs by decreasing usage and decreasing infiltration into the system. ProvinCially Mandated and Downloaded Services: The Province has downloaded services to the Regional level of government that should not be recovered through the property tax base. These services include Social ASsistance; Children Services, and Public Health Services. The cost of these services paid by the taxpayers of Niagara-on-the-Lake totaled $51653,686 in 2004 broken down as follows: Social Assistance $2,773,519 Niagara Regional Housing 1,282,423 Public Health Services 1,275,292 Children Services 322,452 ._. $5,653,686 "? To put this in perspective, the Town portion of the taxes collected for the services that the Town provides totaled $4,300,574 in 2004. If these provincially mandated services were removed from the property tax base, as they should be, total property taxes in NOTL would decrease an average of 19.3%. The Regional portion of the taxes would drop-from $15,015,172 (51.2%) to $9,36 !,486 (39.5 %). Residential property taxes would decrease an average of 22.2%. Unlike other provinces, Ontario uses property tax revenue to fund its social services, social hoUsing and healthcare programs. Because of this, Ontario has the highest property taxes in Canada. Other provinces-realize that these programs should be funded through income tax and sales tax where there is a direct link to a taxpayer's ability to pay. A major step forward in relieving property tax. pressure would be the removal of Social services, social 'housing and healthcare programs fi:om the property tax base. Assessment Capping at the Regional Level: Another possible alternative to create more fairness and equity into the system is to implement property assessment capping at the Regional level by capping the median assessed values per household for municipalities within the region at a maximum percentage above or below the median for all municipalities with the region. Based on assessment, the Town of NOTL is currently paying 6.43% of Regional Services which includes those services downloaded from the Province. More equitably, the Town should be .... ) paying 3.37% (based on population), or 3.48% (based on households). REPORT CAO-05-017 - PAGE 4 ) Some will argue that assessment is fair because it equates to wealth or ability to pay. In some cases this may be true, but for many it is not. Certainly there are many cases where there are individuals or families on moderate or fixed incomes who have watched the assessed values of their homes increase at alarming rates, and this has'resulted in some having to sell their homes. The 2001 Statistics Canada profile shows a median total income of $ 25,758 for Niagara-on-the- Lake, as compared to a median total income of $22,166 for the Niagara Region and $24,816 for the Province of Ontario. It is very reasonable to conclude thati on average, households in the Region should be paying roughly the same amount for Regional services, especially since a significant portion of the Regional tax bill is for provincially downloaded serv/ces that should not be on the tax bill. A significant move in this direction can be achieved by capping the median assessed values per household for municipalities within the. region at a maximum percentage above or below the median'for all municipalities with the region. Schedule Al, A2 and A3 attached shows how this would affect NOTL and other municipalities within the regiOn if capping was introduced at 10%, 15% and 20% above and below the average of the medians for all municipalities. Schedule A1 (capping at t0%) shows that NOTL, Niagara FallS, Grimsby, Pelham and Lincoln would benefit, while the remaining mtmicipalities would have to pay more. Schedule A2 (capping at 15%) shows that NOTL would benefit by $6 million per year. Grimsby would also benefit. However the other 10 municipalities would have to pay more to the Region than they are currently paying. Welland would be the most negatively affected (-$4 million) because of their current low levy per household at $1,065 compared to NOTL at $2,689. Schedule A3 (capping at 20%) shows similar results as Schedule A2 except each municipality would be affected by a somewhat lesser degree. It is reasonable' to assume that the municipalities that have to pay more are going to be tess than enthusiastic about implementing assessment capping at the regional levy, even though it is a mechanism to move towards fairness. These schedules also emphasize the excessive mount NOTL is paying for Regional services as compared to ail other municipalities. For example, NOTL pays $2,689 per household while Welland pays just $1,065 per household for the same Regional services. Schedules B 1, B2, and B3 show the same calculations based on population. Conclusion: Niagara-on-the-Lake has the 3rd lowest population of the 12 regional municipalities, and is paying the 5th highest amount of taxes to the Region. High assessment do not equate to wealth as '~, is shown bY the median income statistics available from Statistics Canada. Property tax is a CAO-05-017 - PAGE 5 )' -" regressive tax and should not be used to fund programs such as social services, social housing and healthcare programs, which should be funded based on ability to pay. Recommendations: It is respectfully recommended that Council: 1. Fully support AMO in its continuing bid to have provincial programs such as social services, social housing and healthcare removed from the property tax baSe. 2. Pursue the concept of assessment capping at the regional level to limit median assessed ' value per household in any one municipality to a maximum of 10% above or below the median assessed value for the 12 regional municipalities. Respectfully submitted, L. J. (Lew) Holloway, B.Sc., B.Ed.,' Chief Administrative OffiCer attach. ~ ~o o o o o oo o o o~ ~ ~1 oo~oooooooo ~ ~zz>zzzzzzzz .goo o oooooooo ~o~ ZZZZzzzZ o ~ooooooooooo >zzzzzzzzzmz § .~o ~0000000000~ O0 ~~oooo,.oooooo~ . 0 0 0 0 0 0 0 0 0 0 0 · ~ Z~ZZZZZZZZZ~ -> ~,~ooooooooooo ~ ~.~l~zzzzzzzzzzz ~ Niagara Re on 2201St. David's Road, P.O. Box1042, ThoroldON L2V4T7 Tel: 905-685-1571 Toll-free: 1-800-263-7215 Fax: 905-685-4977 www. regional.niagara.on.ca February 20, 2006 Our Ref.: COTW 1-2006, February 9, 2006 PWA 33-2006 F.01.0999 Mr. Dean Iorfida, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. Iorfida: 2006 Water and Wastewater Uniform Wholesale Rates The Council of the Regional Municipality of Niagara, at its meeting of February 9, 2006, ratified the decisions made at the February 9, 2006, Committee of the Whole meeting as follows: That Report PWA 33-2006, February 1, 2006, respecting the 2006 Water and Wastewater Uniform Wholesale Rates, be received and the following recommendations be approved; A) Water System Water Works expenditures totalling $37,662,000 be approved for 2006. The Water Works capital expenditure totalling $26,150,000 be approved for 2006. The uniform rate charged to the area municipalities for the production of water be ~: established at $0.491 per cubic meter, representing an increase of 10%, for the ~ period of March 1, 2006 to February 28, 2007. ~ Regional Development Charges, totalling $2 million, be used towards financing~ growth-related capital costs as identified for the 2006 water capital program. ~ B) Wastewater System ,-., ia· The Wastewater Works expenditure totalling $54,851,000 be approved for 2006. The Wastewater Works capital expenditure totalling $29,090,000 net $32,690,000 gross) be approved for 2006. The uniform rate charged to area municipalities for wastewater treatment for 2006 be established at $0.608 per cubic meter, representing a 5.0% change, for the period March 1, 2006 to February 28, 2007. Building Community. Building Lives. Regional Development Charges, totalling $1.0 million, be used towards financing growth-related capital costs as identified for the wastewater capital program. C) Multi-year Plan The 2007 Wastewater and Water Works financial details be approved in principle as part of the multi year plan. 2007 Wastewater Water Total Expenditures $57,520,000 $41,189,000 Capital Expenditures $37,685,000 $33,690,000 Rate ($ per cubic meter) $0.638 $0.540 Rate Increase 5.00% 10.00% Development Charge Reserve fund $1,000,000 $2,000,000 Debenture Issue to be approved $0 $0 Substitution of Unfunded Debt $0 $0 D) That the rate setting and rate structure approach be reviewed, by staff of the Region and Area Municipalities, to determine if a possible alternate method could be put in place for the year 2007. E) That the Regional Clerk be directed to ensure that the appropriate by-laws be prepared for presentation to Regional Council. F) This report be circulated to the Area Municipal Treasurers and Clerks for information. A copy of the background report PWA 33-2006 is enclosed for your information. Yours truly, , Pam Gilroy Regional Clerk /jP Attachment cc. I. Neville, Commissioner of Public Works C. Brcic, Director, Water and Wastewater Services Division D. Williams, Senior Financial Analyst PWA 33-2006 February 1,2006 Niag rra l / '/Region REPORT TO: Chair and Members of the Planning and Public Works Committee SUBJECT: 2006 Water and Wastewater Uniform Wholesale Rates RECOMMENDATION That the following recommendations be presented to Planning and Public Works Committee for discussion purposes and forwarded to Regional Council for decision. That this Committee recommend to Regional Council that the following be approved: A) Water System 1. Water Works expenditures totaling $37,662,000 be approved for 2006. 2. The Water Works capital expenditure totaling $26,150,000 be approved for 2006. 3. The uniform rate charged to the area municipalities for the production of water be established at $0.491 per cubic meter, representing an increase of 10%, for the period March 1,2006 to February 28, 2007. 4. Regional Development Charges, totaling $2 million, be used towards financing growth-related capital costs as identified for the 2006 water capital program. B) Wastewater System 1. The Wastewater Works expenditure totaling $54,851,000 be approved for 2006. 2. The Wastewater Works capital expenditure totaling $29,090,000 net ($32,690,000 gross) be approved for 2006. -1- PWA 33-2006 February 1, 2006 3. The uniform rate charged to area municipalities for wastewater treatment for 2006 be established at $0.608 per cubic meter, representing a 5.0% change, for the period March 1, 2006 to February 28, 2007. 4. Regional Development Charges, totaling $1.0 million, be used towards financing growth-related capital costs as identified for the wastewater capital program. C) Multi-year Plan The 2007 Wastewater and Water Works financial details be approved in principle as part of the multi-year plan. 2007 Wastewater Water Total Expenditures $57,520,000 $41,189,000 Capital Expenditures $37,685,000 $33,690,000 Rate ($ per cubic meter) $0.638 $0.540 Rate Increase 5.00% 10.00% Development Charge Reserve fund $1,000,000 $2,000,000 Debenture Issue to be approved $0 $0 Substitution of Unfunded Debt $0 $0 D) That the rate setting and rate structure approach be reviewed, by staff of the Region and Area Municipalities, to determine if a possible alternate method could be put in place for the year 2007. E) The Regional Clerk be directed to ensure that the appropriate by-laws be prepared for presentation to Regional Council. F) This report be circulated to the Area Municipal Treasurers and Clerks for information. PURPOSE This report intends to establish the uniform wholesale rates to be charged to the Area Municipalities for the Regional Water and Wastewater Systems for the year 2006. These rates are designed to ensure each of the systems remain self-sufficient and in accordance with Council's previous approval in principle for a 3-year program of water and wastewater rate increases of 10% and 5% for water and wastewater respectively. This report reviews the factors and calculations involved in arriving at the recommended 2006 uniform wholesale rates and provide a forecast for the years 2007 to 2010 inclusive. -2- PWA 33-2006 February 1,2006 REPORT Introduction The 2003 Master Servicing Plan Update indicated that extensive capital infrastructure improvements would be necessary to implement the plans as envisioned. Financing strategies were reviewed, at the same time, to ensure that pricing mechanisms would continue to keep the systems self-supporting. Recommendations in this report take into account the financing needs required to satisfy the capital infrastructure recommended in the 2003 Master Servicing Plan. In January 2004, the Niagara Water Quality Protection Strategy (Niagara Water Strategy) was approved. It includes wide ranging recommendations impacting on Regional water and wastewater services and complements the Master Plan recommendations. Principles The Regional Municipalities Act specifies that the water and wastewater systems must be separate self-sufficient enterprises. In other words, each system must generate sufficient revenues to cover all expenditures incurred in providing service. This principle govems the financial strategies and recommendations developed to ensure self-sufficiency of the system and to allow for long-term planning and sustainability. The most important parts of the analysis therefore relate to the activities or parameters, which affect the systems operations and capital expenditures, and the Financial Plan to maintain these systems in the state of self-sufficiency. These are outlined in the balance of the report. 1. Flow Proiections Reasonable water and wastewater flow projections are critical in the determination of appropriate uniform wholesale rates. Since revenues are determined by the calculation of flows multiplied by uniform rates, the closer to reality projected flows actually are, the closer will be expected revenue levels required to maintain self-financing systems. However, weather and precipitation are key variables that directly influence and impact water and wastewater flow. The Niagara peninsula can experience dramatic swings in seasonally and yeadY weather patterns, which ultimately affect water demand and wastewater flows. These in turn directly impact upon the projected revenue and resulting rate levels. A 10-year flow projection, together with long-term capital and inflationary trends are utilized to mitigate possible major annual fluctuations and provide a more stable funding estimate. Flow projections used for this rate setting exercise were based on recommendations contained in the 2003 Master Servicing Plan Update. A 10 year history of actual flows and a 5 year projection of future flows are available for water and wastewater in Schedules W1 and S1 respectively. Following is a brief comment on results projected for flows in the water and wastewater systems for 2006. -3- PWA 33-2006 February 1,2006 (i) Water Flows: Actual water flows over the last decade indicate that potable water demand is on a general long-term downward trend. Accordingly, each year's flow projections are adjusted to reflect variations in the trend. With fully metered systems demand management and conservation trends increasing, water consumption can be expected to decrease. With the prospect of lower projected water flows, lower total volumes will impact upon revenues and related rates. These however, can be mitigated by rationalized operations, optimization of processes, efficiencies and asset management with generally reduced capital requirements in future. Actual water flows anticipated for 2005 are expected to be slightly lower than the projection of 76.5 million cubic meters contained in the 2005 rate setting exercise due to an extended, dry, warm weather period with resulting higher water demands. For 2006, the water flow is projected to be 74.5 million cubic meters. (ii) Wastewater Flows: Last year's report projected 2005 wastewater flows to total 88.7 million cubic meters. Current projections indicate that wastewater flows may fall above this projection. Flow projections provided by the Master Servicing Plan Update indicate that wastewater flows will remain fairly constant at approximately 88.7 million cubic meters annually. This is deemed to be a reasonable projection as it gives an annual total and does not focus on seasonal variations which can be substantial while not impacting the annual total. The flow projections utilized in this report are based on historical flows and regression data which indicate a slight (0.5%) decrease for future potable water demand and a fiat (0%) projection for wastewater flows. The reduced water demand and increased capture of combined sewer overflows are assumed to cancel each other to provide those wastewater flow projections. 2. Ma/or Studies and Impacts a) Master Servicing Plans for Water and Wastewater The Master Servicing Plan Update for water and wastewater completed in 2003 is much more comprehensive than previous ones, addressing many strategic and policy issues beyond the traditional capital needs assessment used in the past. This included an evaluation of the Region's water and wastewater infrastructure asset value which has been updated as follows. -4- PWA 33-2006 February 1, 2006 Water and Wastewater Infrastructure Asset Value Value Life ($ millions) (years) Water Water Filtration Plants 457 40 Storage and Pumping Facilities 106 50 Potable Water Piping 179 70 Sub-total 742 Wastewater Wastewater Treatment Facilities 644 .30 Sewage Pumping Stations 100 40 Wastewater Piping Systems 120 70 Sub-total 864 Total 1,606 This $1.6 billion value may be further refined as part of the OMBI asset management pilot project for Niagara. Asset management suggests that a minimum annual replacement allocation be made allowing for the appropriate "service life" of the asset. This equates to $16.1 million and $25.7 million for water and wastewater respectively. As well, the Plan included and quantified the infrastructure maintenance deficit in the Regional and local municipal systems. On the basis of meeting minimum requirements as outlined in the Master Plan, the capital programs for water and wastewater must each allocate a minimum of approximately $30 million annually. That was based on the previous (2003) asset value estimate of less than $1 billion. A proper level of capital funding is necessary to avoid exacerbating 'deferred maintenance' while providing a minimum reserve fund balance for each system. b) Niagara Water Strategy The Niagara Water Quality Protection Strategy (Niagara Water Strategy) has been completed and serves as a benchmark for watershed-based management. The implementation of its recommendations is projected to require $108 million in the initial 10 years of a 30-year plan. The Water Strategy program spending will need to increase with the Clean Water Act which has just been introduced by the Province. 3. Capital Programs for 2006 A significant portion of the water and wastewater systems' total expenditures is driven by capital program costs. The 2006 capital programs are based to a large degree on the findings of the Master Servicing Plan Update, Niagara Water Strategy and on growth related servicing needs which are assessed each year and which require major capital funding. -5- PWA 33-2006 February 1, 2006 The Water Capital Program has already been impacted by the Safe Drinking Water Act and the resulting Regulation 170/03 and amendments. The just introduced Clean Water Act will add to this impact. In both water and wastewater systems, the 2006 capital program expenditures have been kept below previous forecasts to minimize impact on the rates and to reduce potential debt and related costs. a) The Water Capital Program includes the following major allocations within the total program for 2006: · NewWatermains ($14.7 m) · Source Water Protection ($1.3 m) · Wainfleet Water Supply ($5.0 m) · Watermain Replacement ($2.4 m) · Roof Replacement Program ($0.8 m) The proposed Water Capital Program allocation totaling $26.15 million also includes additional system improvement needs such as storage upgrades and maintenance, equipment replacement and facility site improvements. This total is below last year's capital program projection for 2006. b) The Wastewater Capital Program for 2006 includes the following major allocations: · Infrastructure Improvement Program ($1.9 m) · Port Weller WWTP Upgrade ($2.2 m) · Welland CSO Control Program ($8.0 m) · Wainfleet Sewer Servicing ($5.0 m) · Welland North Trunk Sewer Extension ($4.7 m) · Frenchman's Creek Sewer Phase ! ($4.0 m) · Improvements to Pumping Stations and Forcemains ($5.5 m) The 2006 Wastewater Capital Program allocation of $32.69 million also includes funding for the biosolids facility, emergency equipment replacement, minor treatment plant improvements, standby power and SCADA upgrades. The key major expenditures relate to new sewer servicing and CSO Control projects as noted above. To summarize the proposed 2006 capital water and wastewater programs encompass key system needs which must address: · asset replacement and management, · ensure compliance and risk control, · service requirements for growth, and · balancing annual program expenditure, reserve levels and debt. -6- PWA 33-2006 February 1,2006 The recommendations of the Master Servicing Plan and Niagara Water Strategy provide the basis and fundamental recommendations for the capital programs. The capital programs have been set to approach annual minimum targets of approximately $30 million, acknowledging that the water and wastewater infrastructure asset value is significantly higher than the estimates developed in the Master Plan. 4. Operational Costs The current or operational costs for water and wastewater services provide the other major expenditure component impacting upon the wholesale rates. Following is a brief summary of the key aspects impacting on expenditures in the proposed current budgets for 2006. (a) Water Water operational costs included within the proposed 2006 current budget, totaling $14.5 million, reflects an increase of 7.3% over last year. That increase is made up of the following major expenditure impacts: · Capital to Current Transfers (2.2%) · ChargebacksNVSlB (0.5%) · Repairand Maintenance Equipment (4.4%) · Payroll and Related (3.1%) · Energy Costs (0.5%) · Property Tax (GIL) and Leases (1.2%) Key areas impacting water operations include power and chemical costs, and transfers from capital to current with a compensating reduction in the capital program. (b) Wastewater The operational costs as indicated in the proposed 2006 current budget totalling $28.1 million are projected to increase 11.6% from last year's level. This year's current budget has absorbed significant allocations transferred from capital. The other major expenditure items impacting on the increase are as follows: · Capital to Current Transfer (3.9%) · Biosolids Disposal (1.9%) · Energy and Utility Costs (2.1%) · Chargebacks (0.8%) · Payroll and Related (2.7%) · Property Tax (GIL) and Leases (0.6%) -7- PWA 33-2006 February 1,2006 As in recent years, a key area impacting wastewater operations costs is Biosolids Management which includes significant power and chemical costs and also transfers from capital to current with a compensating reduction in the capital program. 5. Financing Strategy Specific strategies have been developed to ensure financial self-sufficiency in both systems. These strategies are reviewed and updated annually taking into account factors previously discussed, such as flow projections, capital programs based on current Master Servicing Plans and operations costs. In addition, several other factors are taken into account such as minimum reserve levels, debt financing strategy and contributions from the Region's Development Charge Reserve Funds. a) Full Cost Accounting There is increasing attention being paid to water and wastewater systems to determine the sustainable level of investment needed. This is sometimes referred to as full cost accounting. It has two components: the level of investment and how to generate the required revenues. The provision of assets can be divided into three categories; i) Deficiencies - Additional or improved facilities to meet new environmental standards and compliance. ii) Replacement - Facilities that need to be replaced based on a proper asset management strategy where replacement provides best life cycle cost or due to insufficient investment (deferred maintenance) in the past. iii) Growth - Facilities for new customers or to address a health or environmental problem. Some of these costs can be recovered from capital charges, such .as development charges for growth related projects. When managing assets, cost is the first issue. As a result of New Regulations and recommendations mandated by Provincial legislation, many systems are faced with a list of outstanding deficiencies that must be rectified. This could result in near-term pressure on user rates to provide the funds to bring systems up to current standards. Over the longer term, however, there is a need to have a better understanding of system investment needs in order to provide adequate funding to meet system replacement costs. This is the objective of an asset management program. Few municipalities have carried out a detailed condition assessment on their infrastructure. Such assessments are difficult since much of water and wastewater systems are underground. But asset management programs can be implemented, starting with basic -8- PWA 33-2006 February 1,2006 information such as main sizes, lengths and main break data and building with other data such as age, material of construction, depth and soils data to develop a detailed picture of replacement needs. This level of assessment has still to be carried out. b) Reserve Funds The financing strategy for both systems requires the use of a Rate Stabilization Reserve and a Development Charge Reserve. Reserve Funds are used to ensure that sufficient funds are available to meet future cash needs. Funds are generated from current sources and put aside for future use. Development charge receipts are deposited into the reserve fund and applied in future years to meet cash or debt repayment requirements for growth-related components of capital projects. The Rate Stabilization Reserve Fund is utilized to protect the rates from dramatic swings due to revenue fluctuations caused by changes to the economy, weather patterns, legislation, and major unforeseen infrastructure needs. In addition it accumulates funds for future capital replacement. This reserve is funded from the user rates. The Master Servicing Plan Update (2003) conducted a review of water and wastewater reserve levels. It was determined that the water and wastewater reserve balances should ideally be maintained at $15 million and $17 million respectively. The determination of these levels included two components: 1. 15% of annual revenues to assist in rate stabilization, and 2. a flat amount sufficient to protect one year's level of capital replacement costs. Currently the water and wastewater reserves have $64.7 million and $50.1 million balances which are fully committed to projects. c) Development Charge Financing Since 1989, development charges have been used to assist in financing the growth related portion of water and wastewater capital projects. (i) Water It is projected that $2.0 million will be contributed from the water development charge reserve in 2006. The balance for the water development charge reserve fund was approximately $3.6 million at December 31,2005. -9- PWA 33-2006 February 1,2006 (ii) Wastewater Due to changes to the allocation of development charges to services, the wastewater reserve is receiving substantially less. Starting in 2006, $1.0 million is projected to be available annually. The balance available in the wastewater development charge reserve fund was $943 at year end. d) Loan from Wastewater to Water Reserve Fund The previous Master Servicing Plan recommended that periodic loans from the wastewater reserve be made to the water reserve on an "as-necessary" basis. It was anticipated that this practice would avoid the necessity of borrowing on the open market where the cost of funds can be considerably higher when compared to internal costs and would also avoid negatively affecting the Region's overall debt capacity. In total, $2.5 million remains to be repaid to the wastewater reserve. It is recommended that the water reserve repay $1.0 million in 2006, $1 million in 2007 and $515 thousand in 2008. e) Pay-as-you-go This approach is subject to a certain amount of controversy since the generation of funds now for future works is sometimes considered an intergenerational cross subsidy. It is often argued that the cost of major works should be borrowed so that the cost can be spread out and allocated to those in future getting benefit from the facility. In fact in regulated environments, borrowing is often required so as to avoid the cross subsidy. The philosophy in Ontario municipalities is much more towards financial responsibility and in the case of water and wastewater utilities, a service that is best able to fund itself out of cash resources due to the user-pay funding which is separate from the property tax - a revenue source under increasing pressure. It is also noted that the variety of capital cost recovery methods available (development charges, construction by subdivider, frontage and connection) are all based on customers paying for capital works up front. The Region strives for a pay-as-you-go philosophy in order to reduce the need to borrow for capital works. f) Debt Financing In prior years, Council has adopted a "pay-as-you-go" policy. This objective was to avoid market debt financing by substituting unfunded debt (debt financing that was previously approved but for which no debenture has yet been issued) with contributions from the capital reserve. Debentures were projected to be issued in 2005 for both the water and wastewater program. However, debentures were not issued as sufficient reserves were available for substitution. -10- PWA 33-2006 February 1,2006 In order to appropriately fund the increased water program requirements without increasing the rate beyond those projected and to avoid a debenture issue a new approach is being recommended. The water program in the face of an inadequate rate structure has meant that it has struggled to maintain the minimum rate stabilization balance of $15 million. In order to assist the water program but avoid debt issuance the Region, in past years, has opted to borrow from the wastewater reserve. This is no longer feasible. Instead of issuing debt the water rate stabilization reserve will be depleted. It is projected that the rate stabilization reserve will move into a positive position by the year 2010. In the event flows are insufficient to generate the required revenue debt may be projected or outstanding debt issued. This approach will considerably reduce the need to issue debentures and allow the ideal reserve targets to be achieved over a longer period of time. The goal is to substitute outstanding debt when possible and to rebuild the water reserve. This reflects concerns noted in the 2004 Standard and Poors rating review which indicated that the Region's rating was constrained by large expected increases in debt burden and some uncertainty associated with those increases. This approach will be monitored annually. The wastewater program continues to be in a stronger position. The rate stabilization reserve will be approximately $11.8 million in 2006. The balance is projected to rise to $14.5 million by 2010 and from then on above the $17 million balance recommended by the Master Servicing Plan. (i) Water Outstanding debt at the end of 2005 totalled $1.5 million in OCWA debt. The 2006 charges associated with this debt are $827 thousand. In 2006 it is estimated that a total of $24.5 million of unfunded debt for capital will be substituted with reserve fund financing. At December 31, 2005 unfunded debt for Water operations amounted to $73.5 million. (ii) Wastewater Existing outstanding debt for the wastewater program amounts to $1.2 million of OCWA debt as of December 31, 2005. The servicing of this existing debt amounts to $634 thousand in 2006. It is projected that $27.1 million in unfunded capital debt will be substituted with reserve fund financing in 2006. At December 31, 2005 unfunded debt for Wastewater operations amounted to $49.6 million 6. Recommended Wholesale Rate The water and wastewater analysis produces a multi-year rate forecast which endeavors to attain the following objectives: -11 - PWA 33-2006 February 1,2006 · Smooth out annual increases. · Have predictable rate increases to allow for the planning of future expenditures at both the regional and municipal levels. · Minimize debenture financing. · Maintain a minimum reserve fund balance. (i) Water Projected capital expenditures for the year 2006 have decreased 18.6% over the 2005 rate report. To ensure that water reserve levels remain at suitable levels in future years, it is recommended that the rate increase 10% to $0.491 per cubic meter. This is consistent with the 10% projected 2006 rate increase contained in the 2005 rate setting exercise and as recommended in the Master Servicing Plan. (ii) Wastewater Capital expenditures are projected to decrease 27.7% over the 2005 rate report. The uniform wholesale rate recommended to be charged to the Area Municipalities, for the treatment of wastewater is $0.608 per cubic meter representing a 5.0% change from the 2005 rate. This is consistent with the 5.0% increase projected in the 2005 rate setting exercise. On a combined rate basis, assuming that demand for water equals the volume treated as wastewater, the proposed changes would represent an overall increase of approximately 7.2%. If a higher volume of wastewater than water is used, which is likely, the average combined rate increase would be lower. Wholesale Rates Annual per m3 Rate System 2005 2006 Increase Water $0.446 $0.491 10.0% Sewer $0.579 $0.608 5.0% Total $1.025 $1.099 7.2% 7. Future Considerations and Impacts The water and wastewater operations at the Regional level have evolved significantly over the past 35 years. This includes maintaining a high-quality service while meeting ever changing and increasing requirements and regulations in both water and wastewater operations at minimal rates. As well, significant efforts have resulted in developing Master Servicing Plans which have provided the strategic objective and technical basis for setting rates and targets for water and wastewater reserves over the longer term. The approved Niagara Water Strategy has also provided watershed based objectives which must be -12- PWA 33-2006 February 1, 2006 addressed and incorporated into our programs. As a result, this year's rates have been set at levels which are considered the very minimum to maintain the systems financial integrity while meeting all capital and operational requirements. The Walkerton reports and recommendations have resulted in new Acts and Regulations. These have already had significant impact such as major capital improvements resulting from the Engineers Reports, safety and training requirements. Operations will be further impacted based on increased enforcement along with more proactive risk control measures. For these reasons, we need to be proactive in preparing Niagara's systems to satisfy requirements from the Safe Drinking Water Act, Nutrient Management Act, Sewer and Water Systems Sustainability Act and new Clean Water Act. Nevertheless, it must be emphasized that significant and critical issues are evolving which will very likely impact future service resources, costs and rates. Following are key issues or impacts that are evident and will impact our operations and resulting rates over the next year: · Master Servicing Plan Recommendations · Niagara Water Strategy & Watershed Based Source Protection · Biosolids Management-Alternative Processing · Wet Weather Flow- CSO and Bypass Control · Asset Management and Preventive Maintenance Management · Clean Water Act and Quality Management System (QMS) 8. Collaborative Studies on Water Loss, Inflow/Infiltration and Wholesale Rates The Region supplies the eleven local municipalities with treated, potable water. The volume is measured and a uniform charge per cubic metre is applied consistently to the volumes supplied. It has been suggested that a significant portion of the water supplied to the municipalities is not billed to customers and results in "unaccounted for water" or "Non Revenue Water" (NRF). As this is considered an important issue of concern to the Region and local municipalities, a collaborative study has been undertaken by a Task Force to investigate and report on "best practice" solutions to NRW. The actual effort to calculate non-revenue water is presently being undertaken for each Regional and municipal system. Wastewater flows reflect a problem where excess volumes due to inflow and infiltration (11) or extraneous flow, result in high treatment volumes and costs. In addition, combined sewer overflows, flooding and bypassing of partially or untreated sewage also results from the peak wet weather flow. The above Task Force will similarly address this issue beginning with a best-practice workshop eady in 2006. A task force of treasurers and public works officials from the Region and area municipalities has been formed to review water and sewer billing and setting of wholesale rates. A report on the findings is scheduled in the first half of 2006. -13- PWA 33-2006 February 1,2006 Once these investigations and recommendations are complete, an assessment of potential impacts and options on setting rates and billing can be undertaken. This is expected sometime in 2006 for consideration in 2007 budget preparation. 9. Multi-year Financial Plan A benefit of multi-year planning is that it aligns long-term financial planning to goals and objectives. By providing a better understanding of future program spending pattems, this framework would act as a tool to encourage long-term strategic planning versus short-term constrained spending, while still allowing for pdoritization and reevaluation. This strategy has been embraced in the water and wastewater rate setting exercise for many years. Each rate setting report has provided a 5 year projection indicating rates, expenditures, capital program and funding requirements. In keeping with Council's move towards a multi-year financial plan for the levy supported programs, the 2005 rate setting report included a recommendation for a three year plan. Staff has found that the 2005 framework remains viable and recommends that it be applied to the sewer and water rate supported programs for the years 2006 and 2007. A recommendation to that effect has been included in this report. SUMMARY This report has outlined and repeated the importance of the Walkerton inquiry and recommendations and the related changes through Regulations which impact upon all water and wastewater services in Ontario. The 2006 increases recommended for water and wastewater, 10% and 5% respectively, are needed to keep us on the road of sufficient reserves and capital allocations to meet our long-term financial needs within pay-as-you- go systems. As noted above, it is recommended that the rate for wastewater increase 5% and water increase 10%. Revenue sensitivity to factors such as flows, reconfirms the necessity to maintain minimum reserve level targets. Self-financing of the water system, however, remains a concern. The financial viability of the water system has, in the past, depended on loans from the wastewater reserve fund and now may require debenture financing. <"'- -~--~- ~Submitt%~ ~~'~ Approv~tqi~y: lan Neville, M.P.A., P'. Commissioner of Public'~orks Chief Administrative Officer Attachments This report was prepared by Debbie Williams, Senior Financial Analyst and Chado Brcic, Director of Water & Wastewater Sen/ices. J:\MSWORD\F.O3.0001 W&WW Uniform Wholesale Rates\2006 Rate Setting Report.doc 14- PWA 33-2006 February 1,2006 SCHEDULE Wl Actual & Projected Water Flows CUBIC METERS GALLONS Year Actual Actual Projections 1994 82,164,423 18,073,606,608 1995 81,174,578 17,855,871,626 1996 76,709,526 16,873,699,655 1997 76,469,207 16,820,836,981 1998 80,717,236 17,755,270,672 1999 81,014,957 17,820,759,992 2000 71,678,223 15,766,970,150 2001 76,891,229 16,913,668,639 2002 76,163,517 16,753,594,730 2003 72,504,028 15,948,621,456 2004 70,737,784 15,560,102,945 ~ 74,535,496 16,395,481,182 2006 76,127,000 16,745,562,130 2007 75,746,000 16,661,754,031 2008 75,367,000 16,578,385,869 2009 74,990,000 16,495,457,645 2010 74,615,000 16,412,969,358 -15- PWA 33-2006 February 1,2006 The Regional Municipality of Niagara Schedule W2 Financial Overview - Water System 2006 - 2010 2006 2007 2008 2009 2010 Estimated Water Flows (thousand m3) 76,127 75,746 75,367 74,990 74,615 Water Rate (S/per m3) Mar to Feb $0.491 $0.540 $0.594 $0.653 $0.718 Rate Increase Mar to Feb 10.00% 10.00% 10.00% 10.00% 10.00% Total Revenue ($'000s) $37,662 $41,189 $45,058 $49.261 $53,869 Analysis of Rate Requirements ($'000s) Operations &Administration $13,725 $14,000 $14,280 $14,565 $14,857 Engineering $748 $0 $0 $0 $0 Debt Charges $0 $0 $0 $0 $0 Debt repayment $827 $827 $0 $0 $0 Transfer to Capital Reserve (to achieve capital $22,362 $26,363 $30,778 $34,695 $39,012 financing & target reserve fund level) Total Expenditures $37.662 $41,189 $45,058 $49.261 $53,869 Total Capital Program ($'000s) $26.150 $33.690 $33.700 $32,600 $33.250 Source of Capital Financing ($'000s): Capital Reserve Contribution $750 $1,800 $1,600 $1,500 $650 Development Charge Reserve fund $2,000 $2,000 $2,000 $2,000 $2,000 Other Revenue $0 $0 $0 $0 $0 Water Reserve Fund $23,400 $29,890 $30,100 $29,100 $30,600 Total Sources of Financing $26.150. $33.690 $33.700 $32.600 $33.250 Water Reserves- Closing Balance ($2,261) ($7,783) ($8,449) ($3,558) $5,038 (net of Unfunded Debt Balance) -16- PWA 33-2006 February 1,2006 SCHEDULE Sl Actual & Projected Wastewater Flows CUBIC METERS GALLONS Year Actual Projections Actual Projections 1995 92,092,410 20,257,453,642 1996 102,922,624 22,639,762,434 1997 91,571,419 20,142,851,895 1998 86,295,101 18,982,226,744 1999 85,434,651 18,792,954,620 2000 92,393,663 20,323,719,892 2001 88,314,479 19,426,426,827 2002 90,394,822 19,884,037,307 2003 85,183,840 18,737,784,035 2004 90,320,238 19,867,631,156 ~ 90,886,997 19,992,300,433 2006 88,654,000 19,501,110,842 2007 88,654,000 19,501,110,842 2008 88,654,000 19,501,110,842 2009 88,654,000 19,501,110,842 2010 88,654,000 19,501,110,842 -17- PWA 33-2006 February 1,2006 The Regional Municipality of Niagara Schedule S2 Financial Overview - Wastewater System 2006 - 2010 2006 2007 2008 2009 2010 Estimated Wastewater Flows (thousand m3) 88,654 88,654 88,654 88,654 88,654 Wastewater Rate (S/per m3) Mar to Feb $0.608 $0.638 $0.670 $0.704 $0.739 Rate Increase Mar to Feb 5.00% 5.00% 5.00% 5.00% 5.00% Total Revenue ($'000s) $54.851 $57.520 $60.367 $63.391 $66.503 Analysis of Rate Requirements (in $'000s) Operations &Administration $25,643 $26,156 $26,679 $27,213 $27,757 Engineering Costs $2,497 $0 $0 $0 $0 Debt Charges $0 $0 $0 $0 $0 Debt repayment $634 $634 $0 $0 $0 Transfer to Capital Reserve (to achieve capital $26,076 $30,729 $33,687 $36,178 $38,746 financing & target reserve fund level) Total Expenditures $54,851 $57,520 $60.367 $63.391 $66.505 Total Capital Program ($'000s) $32.690 $37.685 $36,659 $36.725 $35.350 Source of Capital Financing ($'000s) Capital Reserve Contribution $2,770 $12,250 $11,759 $11,725 $8,550 Development Charge Reserve fund $1,000 $1,000 $1,000 $1,000 $1,000 Wastewater Reserve Fund $25,320 $24,435 $23,900 $24,000 $25,800 Subsidies $0 $0 $0 $0 $0 Other $0 $0 $0 $0 $0 Total Sources of Financing $29,090 $37,685 $36,659 $36.725 $35,350 Wastewater Reserves - Closing Balance $11,794 $7,937 $7,547 $9,056 $14,512 (net of Unfunded Debt Balance) 18- Niagara Office of the Regional G,erk 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel: 905-685-1571 Toll-free: 1-800-263-7215 Fax: 905-685-4977 www. regional.niagara.on.ca February 14, 2006 Our Ref.' CL 2-2006, February 9, 2006 C.00.0999 Mr. Dean Iorfida, City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 'Dear Mr. Iorfida: TVN Niagara Inc.'s - Broadcasting Licence Application The Council of the Regional Municipality of Niagara, at its meeting of February 9, 2006, approved the following resolution: That Council of the Regional Municipality of Niagara supports 'I'VN Niagara Inc.'s application to operate a television station to serve the Niagara Region and in this regard, supports, in principle, TVN's challenge of CRTC decision 2005-544 to deny TVN's application; That a copy of this resolution be forwarded to all Niagara MPs and local area municipalities. Yours truly, ~ ' Pam Gilroy'~~ Regional Clerk /jP cc. M. Kyne, Director, Legal Services Building Community. Building Lives. TOWNSHIP OF WEST LINCOLN 318 Canborough Street P.O. Box 400 Smithville, Ontario L0R 2A0 ~?~ Phone: (905) 957-3346 "~'-'-- ~ Fax: (905) 957-3219 February 20, 2006 The City of Niagara Falls Canada Corporate Services Department Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Dean Iorfida, City Clerk Dear Mr. Iorfida: Re: TVN/Television Niagara Inc. This is to confu-m that on Monday, January 16, 2006 West Lincoln Council adopted the following recommendation from the January 9, 2006 Administration/Finance/Fire Committee meeting: ITEM A09-06 That, the correspondence from the City of Welland, dated December 22, 2005, requesting support of TVN Niagara Inc.'s proposal to operate a television programming undertaking to serve the Niagara Region and to support, in principle, its challenge under the Canadian Charter of Rights and Freedoms of the Canadian Radio Television and Telecommunications Commission's (CRTC) decision to deny TVN's application; be received and supported. If you should have any further questions or concerns, please do not hesitate to contact the undersigned. Yours truly, /~ Joanne Scime Deputy Clerk Cc: Mr. W. Wilks, TVN Niagara :tkmc Our File: clerks dept/Miscellaneous/Resolutions & Proclamations/Resolutions/Letter to City of Niagara Falls. TVN Niagara Inc. Submission of Environmental Assessment Report As Vice President and General Manager of Walker Environmental Services, I am pleased to announce that we have completed our Environmental Assessment (EA) Report for future disposal capacity. The Walker East Landfill, located in the City of Niagara Falls, has reached about 85% of its approved capacity and will close in about three years. Our current waste disposal system anchors a range of related services, including composting, landfill gas collection and ........ pg. 1utilization, a public and small business waste drop-off facility, and recycling of asphalt, concrete, glass and other industrial, commercial ~..pg. 2 and institutional materials. We want to continue to provide services to our customers and provide an important waste management solution for the Niagara region and the province. The EA Report has taken us three years to complete. It includes 4 detailed impact assessment studies on public health and safety, social, cultural and economic dimensions, the natural environment ........... pg. ~ and resources, and different ways to provide disposal capacity. Along with the review locations listed in the Notice of Submission inside on page two, you can also review a copy of the EA Report on our website - www. walkerea, info. As we complete the EA process, I want to thank everyone who has contributed. I especially want to thank those neighbours and government agency staff who have contributed a great deal of input to our EA Committee, and anyone who took time to participate in any of the 13 public open houses and community workshops we've hosted during the course of the project. .~ If you have any questions or points you would ~ like to discuss, don't hesitate to contact us. Sincere/y, John Fisher Page 2 Notice of Submission Individual Environmental Assessment for Niagara Waste Systems Limited for the Provision of Future Waste Disposal Capacity Niagara Waste Systems Limited (a Walker Industries company) has completed the Environmental Assessment (EA) for future waste disposal capacity in the City of Niagara Falls, in the Regional Municipality of Niagara for solid, non- hazardous waste generated in the Province of Ontario. This proposed undertaking is intended to address the problem that the Walker East Landfill, located in the City of Niagara Falls, has reached about 85% of its approved capacity and will close in approximately three years. The East Landfill anchors an integrated waste management facility that Walker operates at the site that also includes recycling, transportation, composting, public waste drop-off, and landfill gas utilization. The EA is being submitted to the Ministry of the Environment (MOE) for formal review as required under the Ontario Environmental Assessrnent Act (EAA), Section 6.1(2), and in accordance with the Terms of Reference approved by the Minister of the Environment on September 30, 2004. The proposed undertaking is a landfill expansion in Walker's nearby depleted South Quarry, immediately southeast of the current East Landfill (see map). The expansion is to be called the "South Landfill". It will be designed and operated in accordance with the requirements of Ontario Regulation 232/98 (Landfill Standards). The South Landfill will accept solid, non-hazardous waste generated in the Province of Ontario at a rate of up to 750,000 tonnes per year. An additional allowance of between 50,000 and 100,000 tonnes per year is dedicated exclusively to the Regional Municipality of Niagara, to be used by the Region for contingency/emergency disposal capacity of waste residuals that may remain from the Region's ongoing efforts centred around a diversion target of 65% by 2012, and disposal capacity resulting from the application of alternative waste disposal technologies. Thus the maximum total waste receipt is 850,000 tonnes per year. The estimated total disposal capacity is about 17.7 million cubic metres. Landfilling is expected to start in about 2009 and continue for approximately 20 to 25 years. As required by the EAA, the EA Report will be available for public review and comment from February 17 toApril 7, 2006. The documents may be reviewed during normal business hours at the following locations: Ministry ofthe Envimnment, Thorold Public Library, Main Branch Environment Assessment & Approval Branch 14 Ormond St. N., Thorold, 2 St. Clair Ave. W., Toronto, ON M4V 1L5 905-227-2581 416-314-8001 or Toll-Free 1-800-461-6290 Niagara-on-the-Lake Public Library Ministry of the Environment, Niagara District Office 10 Anderson Lane, Niagara-on-the-Lake, 9th Flr., 301 St. Paul St., St. Catharines, ON L2R 3M8 905-468-2023 905-704-3900 or Toll-Free: 1-800-263-1035 St. Catharines Public Library Walker Industries * Central Library, 54 Church St., 2800 Thorold Townline Rd., Thorold, ON L2V 3Y8 St. Catherines, 905-688-6103 Toll-Free: 1-888-681-9990 * Grantham Branch, Grantham Plaza, Scott St., St. Catharines, 905-934-7511 Niagara Falls Public Library · Merritt Branch, 149 Hartzel Rd., · Chippawa Branch, 3763 Main St., Niagara Falls, St. Catharines, 905-682-3568 905-295-4391 · Port Dalhousie Branch, 23 Brock St., · Stamford Centre Branch, Town and Country Plaza, St. Catharines, 905-646-0220 3643 Portage Rd., Niagara Falls, 905-357-0410 · Victoria Avenue Library 4848 Victoria Ave., Niagara Falls, 905-356-8080 Page Walker Operations in the City of Niagara Falls ~ ~: ~ I M '~ CURRENT SITE E~/~, 0 500 ,000 eters ~ PREFERRED NAUL ROUTE {LONG OISTANCE) H~~,,.~E_LAKE X Public Drop-Off CITY OF TH( NIAGARA FALLS Thorold Sto~ Rd. Anyone wishing to make comments regarding the EA must submit them in writing and/or by fax to the Ministry of the Environment by April 7, 2006. All comments must be addressed to: Charlene Cressman, Project Officer Ministry of the Environment, Environmental Assessment and Approvals Branch 2 St. Clair Ave. W., Fir. 12A, Toronto, ON M4V 1L5 Phone: 416-314-8311 Toll Free: 1-800-461-6290 Fax: 416-314-8452 charlene.cressman~ene.gov.on.ca A copy of all comments will be forwarded to the proponent. Under the Freedom of Information and Protection of Privacy Act and the Environmental Assessment Act, unless otherwise stated in the submission, any personal information such as name, address, telephone number and property location included in a submission will become part of the public record files for this matter and can be released, if requested, to any person. This notice is dated February 17, 2006. Page 4 Project Summary Regional Niagara, employment opportunities and investing $62 million Walker opened its existing East Landfillin capital costs and $11 million per year at Thorold Townline Road in Niagara in operating expenses in Ontario's Falls in 1982. When it opened, it was economy with the largest percentage in estimated that the East Landfill would be Regional Niagara. in operation for 25 years. We currently have about three more years of The negative effects were found to be remaining capacity. Replacing this relatively few, and generally limited to disposal capacity will help us in being the immediate surrounding area. They able to continue to develop and grow a are characterized by operational range of services including waste nuisances in the immediate site vicinity, management, composting, landfill gas such as dust, visibility, and odours. collection and utilization, a public and small business waste drop-off facility, Walker has committed to a program to and various commercial recycling manage these effects. This program activities, will come into effect once all approvals for the proposed landfill expansion are We have reached the conclusion that in place. there is a local and provincial need for future waste disposal capacity, and thatThe program includes: the preferred alternative for providing this waste disposal capacity is a landfill · Community road cleaning and an expansion at our South Quarry in the expanded dustcontrolprogram City of Niagara Falls (see map). · Improved landfill gas collection for Enhanced waste diversion will be significant odour reduction pursued in addition to landfill · Community litter collection expansion, with required approvals · Traffic controlmeasures sought outside of this Environmental · Enhancements to Ten Mile Creek Assessment (EA). Trail · Screening berms and landscaping In evaluating the proposed landfill · Property value protection for expansion, we have concluded that the neighbours in the immediate site positive effects of a landfill expansion vicinity include continuing services to local · Complaint/responseprogram businesses, securing contingency/ · Enhanced community outreach emergency disposal capacity for ,rmation or fo Confact Us Environmental Assessment Website: www. walkerea.info 88-681-9990 Fax: 905-227-9791 · In Case of Transmission Difficulties, Please Call 416-863-2101 or 1-866-309-3811 Please Deliver To: Clerk ~ ,.~ ', '.. Ministry of Finance Idlnietere ~les Finances  Ol'fi¢~, ol the Minls~r ~ureau du ~ln~sire 7 0~'~ P~r'k Crescent T, Quoen;'~ Pa~ Crescent l~o~m~O ON MTA 1Y'? Tor'omo ON MTA ~Y7 Tgl~l)l~Ol'le: 41~ 325.0400 T~iep~c, ne ~ 41~ Februa~ 15, 2006 Dear Head of Council: I am writing lo advise you of a number ot' important decisions for the 2006 taxation year related to education tax rates and municipal flexibilily in setting tax policy, The government is again holding the Jine on education tag(es ensuring that, on average, homeowners and businesses wilt not see an increase in the education portion of their property tax bills, The uniform residential education tax rate will be lowered to offset the average increase in residential assessed values across the province. The business educalion tax rates for 2006 will also be reset to account for the results of the 2006 reassessment on a municipality-by-municipality basis, The government will also provide municipalities with lhe flexibilily they need to manage the impacts of the 2006 reassessment. Municipalities will be able to use this 'flexibility to avoid reassessment-related tax shills among property classes and ease the groperty lax burden on residential property ta×payers. Also for 2006, municipalities with property classes subject to the levy restriction wilt have the flexibility to apply a municipal tax increase to those classes of up to 50 per cent of any increase applied to the residential class. For inslance, e, municipality levying a 2 per cent increase in residenlia! taxes could raise laxes on any restricted class by up to I per cent. This will 9ire municipalities lhe ability to share the burden of any municipal tax increases among all taxpayers while continuing to reduce the municipal taxation gap between business and residential! property taxpayers, We believe that individual municipalities are in ihs best position to determine how to deal with the municipal tax impact of higher assessments on homeowners and we are giving them the tools to make those decisions in time for their 2006 budgets. .,./cont'd -2- The Deputy Minister of Finance will be providing municipal treasurers with more detailed information relating [o these decisions. Our government looks forward to continuing to work in partner.ship with mun:icipatities to ensure stability for Ontario;s property lax syslem, while providing flexibility for municipalities in addressing their local circumstances. Sincerely, Dwight Duncan Minister Office of the Clerk -February 17, 2006 File #120810 The Honourable Laurel Broten The Honourable Harinder Takhar Minister of Environment Minister of Transportation 12th Fir, 135 St Clair Ave W 3~d floor, Ferguson Block Toronto, ON M4V 1P5 Toronto, ON MTA 1Z8 Honourable and Dear Sirs: Re: Niagara GTA Corridor At the Council meeting of February 13, 2006 correspondence was received from the Regional Municipality of Niagara, a copy of which is enclosed, requesting support of their resolution to petition the Ministers to proceed expeditiously with the environmental assessment of the Niagara-GTA Corridor. Accordingly, the following resolution was passed: THAT: The Municipal Council of the Town of Fort Erie hereby supports the resolution of the Regional Municipality of Niagara to petition the Minister of the Environment and the Minister of Transportation to proceed expeditiously with the environmental assessment of the Niagara-GTA Corridor, and further THAT: The appropriate persons be so notified of this action. We thank you for your attention to this matter. C~blyi/U.~Kett, A.M.C.T., ~ Town Clerk i · cketi(-dforterie.on, ca co c.c. D. McOuinty, Premier of Ontario co T. Hudak, MPP ~', K. Craitor, MPP ~ P. Gilroy, Regional Clerk, Regional Municipality of Niagara K. Phillips, City Clerk, Burlington ~-~ K. Christenson, City Clerk, Hamilton ~) M. Wallenfels, Regional Clerk, Halton Region Association of Municipalities of Ontario Mailing Address: The Corporation of the Town of Fort Erie Municipal Centre, I Municipal Centre Drive Fort Erie, Ontario, Canada L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.m. Phone (905) 871-1600 Fax (905) 871-4022 Web-site: www.forterie.on.ca ~o=~=rati~,=r CITY OF WELLAND  Office of the City Clerk 60 East Main Street Welland, ON L3B 3×4 Phone: 905-735-1700 Fax: 905-732-1919 ~l~lr~,l l~tt,~ E-mail: craig.stirtzinger@welland.ca 97-49 February 9, 2006 Ms. Pam Gilroy, Regional Clerk Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 2T4 Mrs. Cheryl Miclette, Clerk Town of Pelham, P.O. Box 400, Pelham Municipal Building 20 Pelham Town Square, Fonthill, Ontario LOS 2E0 Dear Madam: At its meeting of February 7, 2006, Welland City Council passed the following resolutions: "THAT the City of Welland petition Regional Niagara to continue its Physician Recruitment Program for 2006 and beyond either in the Public Health Department or Niagara Economic Development Corporation or the office of the CAO." - and - "THAT Welland City Council supports the resolution from the Town of Pelham requesting the Region of Niagara to continue its commitment to physician recruitment throughout Niagara Region by approving funds required to deliver the Physician Recruitment Program with a full time coordinator position for a five year period, with a view to reevaluation of the Program in 2011; and THAT the Clerk advise the proper authorities accordingly." Yours very truly, CAS/ms G A. STIRTZINGER ~ C'~ Clerk c.c. - Mr. P. Kormos, M.P.P., Niagara Centre 60 King Street, Unit 103, Welland, Ontado L3B 6A4 Mr. John Maloney, M.P., 50 Division Street, Welland, Ontado L3B 3Z6 Ms. Debbie Sevenpiper, Intedrn President & CEO, Niagara Health System Corporate Office, St. Cathadnes General Site, 142 Queenston St., St. Cathadnes, Ontado L2R 706 Mr. T. Fitzpatrick, City Manager 02/15/2006 WED 15:20 FAX 9059573219 Twp West Lincoln [ 002/003 TOWNSHIP OF WEST LINCOLN Canborough Street. P.O. Box 400 Smilhville, Ontario Corporate Services Department L0R Phone: (905) 957-3346 Faxc (905) 957-3219 J'anuary 31, 2006 The Honourable David Caplan Minister of Public Infrastructure Renewal 4u~ Floor, 777 Bay Street Toronto, ON MSG 2E5 Honourable and Dear Sir: Re: Watertight: The Case for Ch_an~e in Ontario's Water and Wastewater Sector This is to confirm that on Monday, Sanua~ 30, 2006, West Lincoln Township Council adopted the following resolution, from the January 24, 2006 Public Works/Recr~tion/Arena Committee Meeting: (1) That, Report RFD PW-01/2006, re: Watertight: Rqaort of tho Water Strategy Exl~rt Panel, dated Sanuary 24 2006, be accepted; and, (2) That, the Township of West Lincoln Council support the principles of the report, titled "Watertight: The Case for Change in Ontario's Water and Wastewater Sector", excluding recommendation 4.9 submitted by the expert panel to the Ministry of Public Infrastructure Renewal on July 22, 2005; and, (3) That, the Township of West Lincoln Counoil support the current two-tier arrang~auent for delivery.of water and wastewater services in Niagara and continue to Work co-operatively with the Region of Niagara to deliver water and wast~watcr sec'vice in accordance with "Best Management" practices; and, (4) That, the Chief Administrative Officer be directed to dra~ a leRer to thc other local municipalities in Niagara confirming the township of West Lincoln's support for the Watertight Report, excluding recommc, ndation 4.9, and confirming West I Jncoln's support for the current two-tier arrangement for delivery of water and wastewater services in Niagara; and, (5) That, the Mayor be directed to draft a letter to the Minister of Public lnfxastructur¢ Renewal confirming the Township of West Lincoln's support for the Wat~ight report, excluding ......... reC°mmelidation 4.9, ar~I'co~firming We~'~,incoln's support for the 'c'Urren'~-~w°-tier arrangement for delivery of water and wastewater services in Niagara~ I trust that this will meet with your approval; however, should you have questions or convoms relating to the above, please do not hesitate to contact me. Sincerely, TOWN OF HALTON HILLS Working Together Working for You! February 10, 2006 Municipalities of Ontario Dear Council: Please be advised that Council for the Town of Halton Hills at its meeting of Monday, February 6, 2006, adopted the following: Resolution No. 2006-0043 WHEREAS FCM and other national organizations have identified that Municipal Infrastructure is under funded by close to 60 Billion dollars; AND WHEREAS under the "Federal Gas Tax Funding" much needed revenue has started to flow for Municipalities to use for items such as roads; AND WHEREAS the "Federal Gas Tax Funding" could provide a stable source of long term funding for Municipalities of all sizes all across Canada; AND WHEREAS the Town of Halton Hills share of the "Federal Gas Tax Funding" is scheduled to be almost 4 Million dollars over the 5 year life of the program; AND WHEREAS the Town presently has over 47 Million dollars in Capital projects in Road related projects; AND WHEREAS the program has allowed previously unfunded Road and other capital projects to receive funding and fall within our forecasts; NOW THEREFORE BE IT RESOLVED THAT the Council for the Town of Halton Hills hereby requests that the Government of Canada make the "Federal Gas Tax Funding" for Municipalities a permanent program; AND FURTHER THAT the Prime Minister and all Members of Parliament for the Government of Canada are hereby requested to enshrine the "Federal Gas Tax Funding" in legislation; AND FURTHER THAT the permanent amount continue to be raised to a minimum of 5 cents per litre; AND FURTHER THAT the amount per litre be reviewed in the fifth year and any proposed changes be done with input from Groups like FCM and Provincial Municipal Organizations; AND FURTHER THAT this resolution be sent to the Prime Minister and the other party Leaders of the House of Commons for their consideration and support; AND FURTHER THAT this resolution also be forwarded to the Minister of Intergovernmental Affairs, the Minister for Sport, Mike Chong MP Wellington- Halton Hills as well as the other Halton Area MP's for their consideration and support; AND FURTHER THAT it also be forwarded to FCM and AMO for their support and circulation to all member Municipalities. The Town of Halton Hills respectfully requests support for this resolution from all Ontario municipalities. Karen Landry, Clerk Town of Halton Hills 1 Halton Hills Drive Halton Hills, ON L7G 5G2 Phone: 905-873-2601 x2331 Fax: 905-873-1431 Email: leesae@haltonhills.ca