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2009/04/27 Special MtgSPECIAL COUNCIL MEETING Monday, Aprii 27, 2009 Order of Business and Agenda Package a) General Purposes Budget b) Municipal Utility Budget Background Material: PRAYER: Councillor loannoni ADOPTION OF MINUTES: Council Minutes of April 6, 2009 c) Capital Budget SPECIAL COUNCIL MEETING April 27, 2009 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 2009 BUDGET MATTERS Recommendation Report: CPS 2009 -02 Municipal Utility Budget, Fees and Charges for Water and Sewer REMINDER: PLEASE BRING YOUR OPERATING AND CAPITAL BUDGET BINDERS -2- FUTURE MATTERS NOTE: As staff appreciates, the report below is extensive, detailed and technical. We do not expect Council or the public to have digested the report by Monday, April 27 th Staff wanted to get the report out so that it will provide a starting point for discussion. As indicated, staff is recommending the report be circulated and is NOT expecting Council to make a decision or debate the merits of the report at this time. Public Information sessions will follow. 1. Chief Administrative Officer CPS 2009 -03, Water and Sewer Rate Structure CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. 1. F- 2009 -23 Grassybrook/Garner Road Pumping Stations Financing 2. F- 2009 -25 Development Charges 2008 Financial Information 3. F- 2009 -26 Year End CIP Reserve Balances 4. MW- 2009 -29 Tender #2009 204 -08 McLeod Road Watermain Replacement from Drummond Road to Ailanthus Ave. 5. MW- 2009 -32 Tender #2009 166 -06 Road Reconstruction Underground Services Sinnicks Avenue, St. Mary's Street and Orlando Dr. 6. MW- 2009 -34 Tender #2009 -04 Asphalt Patching City Wide 7. MW- 2009 -22 Contract #2009 -197 Fourth Avenue Services Extension and Road Reconstruction, Bridge Street to 430m North of Hamilton Street 3 INFRASTRUCTURE FUNDING MATTERS 1. Memo and Chart from Staff on possible projects to be forwarded for the Infrastructure Stimulus Fund and the second intake of the Building Canada Fund BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2009 -69 A By -law to amend By -law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. 2009 -70 A by -law to adopt, ratify and confirm the actions of City Council at its special meeting held on the 27 day of April, 2009. NEW BUSINESS April 27, 2009 CPS 2009 -02 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CPS- 2009 -02 2009 Municipal Utility Budget, Fees and Charges for Water and Sewer RECOMMENDATION: 1) That the 2009 Municipal Utility Budget be approved, 2) That the 2009 Schedule of Fees and Charges for Water and Sewer be approved and made effective May 1, 2009. BACKGROUND: Niag araJ tills The Municipal Utility Budget provides for the revenues and expenditures of the City's water and sanitary sewer systems. 2009 Municipal Utility Budget Expenditures Regional Charges There are recent changes in the Region's billing for water supply. The Regional water billing will change from a total volumetric rate to a partial fixed and partial volumetric charge. This change resulted from a review that focussed on the shortfall of Regional water revenues. The review determined that many of the Region's water costs are fixed, and that a fixed charge would help offset the Region's risk of revenue shortfalls. Regional Council Reports CSD 57 -2009 is attached for your information to better understand the billing change for water supply. Staff has reviewed the City's history of water and sewer flows and the expected Regional billings. Compared to the 2008 estimates, Regional water billings are expected to increase by 11.5 and 1.8% for sewer billings. In total, the Regional charges are expected to increase by $1.25 million. Canada .L2E 6X5 905- 356 -7521 www.niagarafalls.ca Corporate Services Departmei Finance April 27, 2009 2 CPS- 2009 -02 In 2008, the City experienced a significant shortfall in sewer consumption revenue. The 2008 year experienced significant rainfall which impacted the use of water. Since the sewer consumption revenue is based on water usage, the City's revenues were not sufficient to pay the Regional fixed charges for sewer treatment. For 2009, Staff is recommending a revenue stabilization amount of $678,700. The stabilization will help offset the risk of revenue shortfalls when paying the Region's water and sewer billings. Wages and Benefits Staff has reviewed the expenditure for labour to ensure that sufficient budget is allocated to implement the recommendation from the Environmental Services Delivery review. For 2009, staff has also included a portion of the Infrastructure Services personnel, to reflect the dedicated use of their time for water and sewer projects. The allocation of Infrastructure Services transfers approximately $323,000 from the General Purposes Budget. The total increase for labour costs is approximately $485,000. As Council will recall, the Service Delivery Review for the Water/ Waste Water section (CAO- 2008 -04) recommended four union positions, to facilitate uninterrupted preventive maintenance, and one new management position, Environmental Services Coordinator, to plan and coordinate the staff and to monitor and maintain performance measurement data and statistics. The increased complement was recommended to reduce the reliance on contracted services at an estimated cost savings of more than $400,000 per year. Debt Principle and Interest Payments During 2009, the payments of interest and principle will be maintained at $236,300. In the capital program, should any of the water and sanitary sewer projects require debt financing, the servicing of the new debt would begin in 2010. Materials and Contracted Services The total increase for materials and contracted services are approximately $520,000. This increase includes the additional expense ($94,900) for the billing and receipting services provided by Niagara Peninsula Energy. Also included are increased expenditures for asphalt patching ($145,000), engineering services ($187,500), system inspections, leak detection, repairs and rehabilitation programs. Rents and Financial Expenses This expenditure includes Tenant Deposit Interest, Uncollectible Accounts, and the Senior's $100. Rebate Program. In 2008, this account included Regional charges for debt servicing; these fixed charges were separate from the Region's billing for water and sewer. For 2009, these fixed charges will not be billed separately. The costs of approximately $289,700 have been moved from this account to the Regional Charges account. April 27, 2009 Capital Contribution 3 CPS- 2009 -02 Capital Contribution provides funding for waterworks and sanitary sewer system construction and maintenance. The same amount of transfers as in 2008 has been included. The water capital contribution is $4,500,000 and the sewer capital contribution is $4,645,000. Staff has developed the 2009 Capital Projects Budget based on a total capital contribution of $9,145,000. Expenditures Summary For 2009, the total water and sewer costs are estimated at $39,678,600, an increase of $2,557,500 or 6.9% over the 2008 Municipal Utility Budget expenditures. Almost half of the increase is due to Regional Charges. The remaining increase results from the new stabilization amount, labour increases, the transfer of Infrastructure Services, and an increase in contractual services. The Committee may want to consider reducing certain expenditures. Suggested expense items are the stabilization amount, the capital contribution, and contracted services. Such reductions would have an impact on revenue security, capital projects, and annual maintenance programs. For example, a $1,400,000 reduction in expenditures would effectively hold a homeowner's water and sewer bill to a 5% increase over last year. 2009 Schedule of Fees and Charges for Water and Sewer Water and Sewer Consumption Rates The consumption rates are intended to raise sufficient revenues to pay the Regional costs for water supply and sewer treatment. Due to the change in the Region's billing, staff has also included a revenue stabilization amount to help offset the risk of a consumption revenue shortfall. For 2009, the City's water consumption rate would increase to $0.7602 per cubic metre, and the sewer consumption rate would increase to $0.9612 per cubic metre. The following chart shows a history of previous years' consumption rates for water, sewer, and the 2009 proposed consumption rates per cubic metre. Water Sewer Combined Increase Rate Rate Rate 2005 $0.5610 $0.8780 $t4390 2.42% 2006 $0.5780 $0.8780 $1.4560 1.18% 2007 $0.6024 $0.8544 $1.4568 0.05% 2008 $0.6493 $0.8760 $1.5253 4.70% 2009 $0.7602 $0.9612 $1.7214 12.86% April 27, 2009 4 CPS- 2009 -02 Monthly Service Charges The monthly service rates are intended to raise sufficient revenues to pay the City's costs to maintain, repair and improve the water and sanitary sewer distribution systems. Both Water and Sewer monthly service charges are calculated by dividing the total costs for each of the distribution systems by the number of water meters. The calculation also factors the meters according to their size, so that a larger meter has a greater monthly charge than a smaller meter. For 2009, the Base monthly water service charge would increase to $23.38, and the sewer service charge would increase to $21.39. The following chart shows a history of previous years' and the 2009 Base monthly service charges. 2005 2006 2007 2008 2009 15mm 15mm 16mm 16mm 25mm 37mm 50mm 75mm 100mm 150mm 200mm 250mm Water Rate $20.44 $19.56 $20.07 $21.49 $23.38 Sewer Rate $11.96 $13.82 $18.58 $20.41 $21.39 For comparative purposes, the following chart shows several examples of how the proposed water and sewer rates would impact various ratepayers by meter size and quantity of water used. Meter Estimated Average Annual 2009 Size Volume of Water Consumption Estimated Annual Water and Sewer Charges Residential 10 cm /month or 120 cm /year 15 cm /month or 180 cm /year 20 cm /month or 240 cm /year 25 cm /month or 300 cm /year Estimated Annual Water and Sewer Charges Commercial 100 cm /month or 1,200 cm /year 200 cm /month or 2,400 cm /year 360 cm /month or 4,320 cm /year 1,000 cm /month or 12,000 cm /year 2,200 cm /month or 26,400 cm /year 10,000 cm /month or 120,000 cm /year 13,000 cm /month or 156,000 cm /year 15,000 cm /month or 180,000 cm /year 743.86 685.77 58.09 8.47 847.14 777.28 69.86 8.99 950.43 868.80 81.63 9.40 1,053.71 960.31 93.40 9.73 2,602.95 5,743.19 10,660.12 27,104.05 57,264.81 229,131.42 308,831.69 366,263.57 Combined Rate $32.40 $33.38 $38.65 $41.90 $44.77 2008 Change 2,333.00 5,168.75 9,605.39 24,335.49 51,326.00 204,140.69 275,638.93 327,326.39 increase 8.62% 3.02% 15.79% 8.41% 6.90% 269.95 11.57 574.44 11.11 1,054.73 10.98 2,768.56 11.38 5,938.81 11.57 24,990.73 12.24 33,192.76 12.04 38,937.18 11.90 April 27, 2009 5 CPS 2009 -02 Other Fees and Charges Revenue from other fees and charges will be reduced by $375,000. The reduction resulted from the expiry of the funding from OPG ($100,000), and the canceled transfer of General Purpose funding for Fire Hydrant maintenance. Other fees and charges may experience a slight increase due to the proposed rate increases. Revenue Summary For 2009, the total water and sewer revenues are estimated at $39,678,600, an overall increase of $2,557,500 or 6.9% over the 2008 Municipal Utility Budget revenues. Most of the increase is the 12.9% increase in volumetric rates for water and sewer to pay the Regional billings. The remaining increase is in monthly service charges, 8.8% for water and 4.8% for sewer. The service charge increases are to make up for the reduced revenues from OPG and the General Purposes Fund and to payforthe increased City costs. Attached to the report is the 2009 Schedule of Fees and Charges for Water and Sewer, and the 2009 Budget Statements. Recommended by: Recommended by: Ken Burden, Executive Director of Corporate Services Ed Dujlovic, Executive Director of Community Services Schedule "A" to this amending By -Law No. 2009 CITY OF NIAGARA FALLS SCHEDULE OF RATES, FEES AND CHARGES After Before 1. Service charges: Due Date Due Date 15 mm meter 24.55 23.38 monthly 18 mm meter 24.55 23.38 monthly 25 min meter 24.55 23.38 monthly 37 mm meter 73.65 70.14 monthly 50 mm meter 147.29 140.28 monthly 75 mm meter 294.59 280.56 monthly 100 mm meter 540.08 514.36 monthly 150 mm meter $1,031.06 981.96 monthly 200 mm meter $1,841.18 $1,753.50 monthly 250 min meter $2,577.65 $2,454.90 monthly 2. Water rates: After Before Due Date Due Date 0.7982 0.7602 per cubic metre 3. Flat rates for a private water service not metered by choice or other determination of the City: After Before Due Date Due Date 48.49 46.19 monthly includes 30m3 of usage 4. Flat rates for a private water service not metered because of refusal of owner: After Before Due Date Due Date 145.48 138.57 monthly 5. Billing period: Minimum of one month. 6. Service deposits: Two times the estimated billing for a billing period with a minimum of the amount of $230.00. 7. Sewer rates: (a) Service charge as set out in section 1: 91.5% (b) Water rates as set out in section 2: 126.4% (c) Flat rates as set out in sections 3 and 4: 108.7% 3 x the rate 8. Charge for Installation of Water Service: (a) 3/4" Service: $1,650.00 (b) Over 3/4" Service Actual cost Deposit required based on estimated costs. 9. Charge for shutting off or turning on supply of water: (a) During normal working hours: (b) Outside normal working hours: 55.00 165.00 Note: For the purpose of this by -law, normal working hours shall mean Mondays to Fridays (exclusive of holidays) between 8:00 a.m. and 4:00 p.m. 10. Charge for meter removal or reinstallation: (a) During normal working hours: (b) Outside normal working hours: 40.00 per hour /per city employee 100.00 per hour /per city employee 11. Charge for Testing Meter Consumption: At cost with a deposit of $75.00 12. Bulk carrier rate for City stand -pipe: (a) For Water .95 per cubic metre Cost plus 25% (c) Bulk water card purchase 13. Use of Water for Construction Purposes: (a) Per transaction fee of $22.00 -3- (b) Service deposit: Based on estimated charges for two billing periods, minimum of $500.00. $10 (a) At rates shown in sections 1 and 2 together with the cost to supply and install a meter. (b) Service Deposit: based on estimated charges for two billing periods; minimum of $500.00. 14. Charge for private water service account transferred to tax account: CITY OF NIAGARA FALLS Budget Report By Function Account Code 15 123010 3 132015 3 133005 3 142015 3 431000 3 15 -3- 431000 010000 15 -3- 431000 010013 15 -3- 431000 020000 15 -3- 431000 030000 15 -3- 431000 030005 15 -3- 431000 030007 Account Description CITY WATER FUND AUDITING SRVS EXPENSE 15 -3- 123010- 040000 CONTRACTED SERVICES INSURANCE CLAIM SRVS EXPENSE 15 -3- 132015 030000 MATERIALS INSURANCE CLAII INSURANCE CLAIM SRVS Surplus /Deficit REVENUES AND RECV EXPENSE EXPENSE EXPENSE 15 -3- 142015 030000 MATERIALS 15 -3- 133005 040000 CONTRACTED SERVICES Total EXPENSE AUDITING SRVS Surplus /Deficit Total EXPENSE Total EXPENSE REVENUES AND RECV Surplus /Deficit WSIB HEALTH SAFETY SICK SRVS Total EXPENSE WSIB HEALTH SAFETY SICK SRVS Surplus /Deficit SYSTEM MAINT WATERWORKS LABOUR EMPLOYEE BENEFITS ALLOCA" LONG TERM INTEREST MATERIALS PERSONNEL DEVELOPMENT ELECTRICITY 2008 ACTUAL VALUES 5,000 5,000 5,000 9,524 9,524 9,524 700,135 700,135 700,135 61,000 61,000 61,000 2008 2009 FINAL BUDGET FINAL BUDGET BUDGET BUDGET VALUES VALUES 5,000 5,000 5,000 5,000 5,000 5,000 0 0 0 0 0 0 631,164 726,077 631,164 726,077 631,164 726,077 61,000 61,000 61,000 61,000 61,000 61,000 1,283,082 1,510,420 1,648,471 293,965 306,216 395,633 27,088 27,488 21,967 323,584 427,559 312,292 0 16,646 18,000 15,734 10,000 16,500 GL5280 Date Mar 26, 2009 Page 1 Time 4:26 pm CITY OF NIAGARA FALLS Budget Report By Function Account Code 15 -3- 431000 030009 15 -3- 431000 030011 15 -3- 431000 030015 15 -3- 431000 030017 15 -3- 431000 030018 15 -3- 431000 040000 15 -3- 431000 050000 15 -3- 431000 070000 15 -3- 431000 080002 15 -3- 431000 090000 4 15 -4- 431000 710000 15 -4- 431000 710014 15 -4- 431000 710015 15 -4- 431000 710016 15 -4- 431000 710017 15 -4- 431000 710018 15- 4- 431000- 770000 15 -4- 431000 790000 SYSTEM MAINT WATERWORKS Surplus /Deficit 432000 3 15 -3- 432000 040000 CONTRACTED SERVICES 15 -3- 432000 050000 RENTS AND FINANCIAL EXPEN: REGIONAL CHRGS WATERWORKS Surplus /Deficit 433000 3 15 -3- 433000 010000 15 -3- 433000 010013 15 -3- 433000 030000 15 -3- 433000 040000 Account Description WATER NATURAL GAS ADVERTISING NEWS RELEASE INSURANCE PREMIUMS SYSTI CONFERENCES /CONVENTIONS CONTRACTED SERVICES RENTS AND FINANCIAL EXPEN; LONG TERM DEBT PRINCIPAL TO CAPITAL HOLDING INTERNAL RENT REVENUE EXPENSE EXPENSE Total EXPENSE USER FEES WATER CONSUMPTION FEES WATER SERVICE FEES SYSTE WATER FLAT RATE FEES SYS WATER STAND PIPE FEES SY: WATER TRANSFER AND SHUT SALES OTHER REVENUE Total REVENUE REGIONAL CHRGS WATERWORKS Total EXPENSE WATER SYSTEMS RESEARCH DEVMT LABOUR WATER SYSTEMS RE EMPLOYEE BENEFITS ALLOCA" MATERIALS WATER SYSTEMS CONTRACTED SERVICES WA1 Total EXPENSE 2008 ACTUAL VALUES 5,457 161 4,650 68,138 6,048 362,652 13,159 99,018 4,500,000 208,555 7,211,291 7,907,535 146,800 8,330,564 7,889,347 53,363 52,653 28,620 43,232 16,124 16,560,703 17,611,149 9,349,412 9,703,614 8,469,430 27,467 2008 FINAL BUDGET BUDGET VALUES 8,496,897 9,006,450 8,496,897 9,006,450 0 0 0 0 0 2009 FINAL BUDGET BUDGET VALUES 2,000 6,000 1,000 1,000 26,530 27,486 69,820 70,867 0 0 409,610 501,645 296,002 131,200 98,718 104,463 4,500,000 4,500,000 205,526 207,418 0 9,006,450 8,165,005 0 0 -25,000 50,000 364,694 9,006,450 0 GL5280 Date Mar 26, 2009 7,962,942 0 10,244,433 8,798,447 0 55,024 25,000 0 90,000 19,212,904 11,249,962 10,244,433 0 10,244,433 10,244,433 0 111,655 0 26,797 0 60,000 0 15,000 0 213,452 WATER SYSTEMS RESEARCH DEVMT Surplus /Deficit 0 0 213,452 Page 2 Time 4:26 pm CITY OF NIAGARA FALLS Budget Report By Function Account Code Account Description 2008 2008 2009 ACTUAL FINAL BUDGET FINAL BUDGET VALUES BUDGET BUDGET VALUES VALUES Total CITY WATER FUND 76,856 0 0 GL5280 Date Mar 26, 2009 Page 3 Time 4:26pm CITY OF NIAGARA FALLS Budget Report By Function Account Code Account Description 16 CITY SANITARY SEWER FUND 132015 INSURANCE CLAIM SRVS 3 EXPENSE 16- 3- 132015- 030000 MATERIALS INSURANCE CLAII 749 0 0 INSURANCE CLAIM SRVS Surplus /Deficit 749 0 0 142015 WSIB HEALTH SAFETY SICK SRVS 3 EXPENSE 16 -3- 142015 030000 MATERIALS 23,500 WSIB HEALTH SAFETY SICK SRVS Surplus /Deficit 23,500 411000 SYSTEM MAINT SANITARY SEWER 3 EXPENSE 16 -3- 411000 010000 LABOUR 633,743 658,287 529,658 16-3-411000-010013 EMPLOYEE BENEFITS ALLOCA 153,065 117,046 127,118 16- 3- 411000- 020000 LONG TERM INTEREST 23,768 24,047 19,255 16 -3- 411000 030000 MATERIALS 97,636 255,901 85,000 16 -3- 411000 030017 INSURANCE PREMIUMS SYSTI 83,260 86,200 87,493 16 -3- 411000 039000 SEWER REBATE MATERIALS 1,484 0 0 16 -3- 411000 040000 CONTRACTED SERVICES 1,306,620 1,471,787 812,500 16 -3- 411000 050000 RENTS AND FINANCIAL EXPENt 670 319,853 194,900 16 -3- 411000 070000 LONG TERM DEBT PRINCIPAL 85,862 85,861 90,583 16 -3- 411000 080002 TO CAPITAL HOLDING 4,645,000 4,645,000 4,645,000 16 -3- 411000 090000 INTERNAL RENT 50,010 91,943 141,779 4 REVENUE 2008 2008 2009 ACTUAL FINAL BUDGET FINAL BUDGET VALUES BUDGET BUDGET VALUES VALUES Total EXPENSE 749 0 0 23,500 23,500 Total EXPENSE 23,500 23,500 23,500 23,500 23,500 Total EXPENSE 7,081,118 7,755,925 6,733,286 16 -4- 411000 650000 GRANTS 20,000 0 0 16 -4- 411000 710000 USER FEES 10,510,354 11,730,523 12,423,041 16-4-411000-710010 SEWER SERVICE CHARGES S 7,462,289 7,649,425 8,012,691 16 -4- 411000 710011 SEWER FLAT RATE CHARGES 60,678 0 0 16-4-411000-710012 SEWER LATERAL CLEANING 8 28,767 30,000 30,000 16 -4- 411000 790008 OPG SEWER REVENUE SYSTE 117,441 100,000 0 Total REVENUE 18,199,529 19,509,948 20,465,732 GL5280 Date Mar 26, 2009 Page 1 Time 4:27 pm CITY OF NIAGARA FALLS Budget Report By Function Account Code Account Description SYSTEM MAINT SANITARY SEWER Surplus /Deficit 11,118,411 11,754,023 13,732,446 412000 REGIONAL CHRGS SANITARY SEWER 3 EXPENSE 16 -3- 412000 040000 CONTRACTED SERVICES 11,594,428 REGIONAL CHRGS SANITARY SEWER Surplus /Deficit 11,594,428 11,730,523 12,423,041 413000 SANITARY SYSTEMS RESEARCH DEVMT 3 EXPENSE 2008 2008 2009 ACTUAL FINAL BUDGET FINAL BUDGET VALUES BUDGET BUDGET VALUES VALUES 11,730,523 12,423, 041 Total EXPENSE 11,594,428 11,730,523 12,423,041 16 -3- 413000 010000 LABOUR SANITARY SYSTEMS 0 0 148,875 16- 3- 413000 010013 EMPLOYEE BENEFITS ALLOCA- 0 0 35,730 16 -3- 413000 030000 MATERIALS SANITARY SYSTE 0 0 65,000 16 -3- 413000 040000 CONTRACTED SERVICES SAN 0 0 1,030,000 16 -3- 413000 090000 INTERNAL RENT SANITARY Sl 0 0 6,300 Total EXPENSE 0 0 1,285,905 SANITARY SYSTEMS RESEARCH DEVMT Surplus /Deficit 0 0 1,285,905 Total CITY SANITARY SEWER FUND 500,266 0 0 GL5280 Date Mar 26, 2009 Page 2 Time 4:27 pm REPORT TO: Chairman and Members of Committee of the Whole SUBJECT: Niagara'��Sf Region CSD 57 -2009 PWA 34 -2009 March 26, 2009 2009 Water and Wastewater Rate Setting and Cost Recovery Review, and Uniform Wholesale Rates and Area Municipal Requisitions Update from March 5 2009 Referral RECOMMENDATIONS That the Recommendations presented in Report CSD 40- 2009 /PWA 19 -2009 be approved with the following revisions: 1. That Recommendations A) 2. and 3. be deleted and replaced with; A) 2. That 25% of 2009 and 2010 Regional water costs be recovered from area municipalities based on their proportional share of the Region's prior year water flows; A) 3. That 75% of Regional water costs be recovered from area municipalities based on actual metered water flows in 2009 and 2010 multiplied by the Region's annually set uniform water rate for the respective year; A) 4. That an increase in fixed apportionment be considered when setting the rate structure in 2011; 2. That Recommendation B) in total be deleted and replaced with; B) 1. That the uniform rate charged to the area municipalities for actual consumption of water be established at $0.472 per cubic meter for the period March 1, 2009 to February 28, 2010; B) 2. That the area municipal water consumption charge be billed monthly based on actual monthly volumes; B) 3. That $10,198,612, representing 25% of Regional 2009 water costs, be apportioned to each area municipality based on their proportionate share of the Region's prior year's water flows as detailed in recommendation "B4 B) 4. That the following 2009 apportionment of Regional water cost be requisitioned to the area municipalities as follows; EXECUTIVE SUMMARY 2009 Water Requisition Niagara Falls 2,593,065 Port Colborne 507,282 St. Catharines 3,012,769 Thorold 417,726 Welland 1,233,474 Fort Erie 795,230 Grimsby 425,893 Lincoln 385,401 NOTL 463,234 Pelham 249,778 West Lincoln 114,760 Totals $10,198,613 CSD 57 -2009 PWA 34 -2009 March 26, 2009 B) 5 That the Regional water cost identified in Recommendation "B4" be requisitioned to the area municipalities in twelve equal monthly billings effective March 1, 2009. At its meeting of March 5 2009 Council referred Report CSD 40- 2009 /PWA 19 -2009 `2009 Water Wastewater Rate Setting and Cost Recovery Review and Uniform Wholesale Rates and Area Municipal Requisitions' back to staff. Directions included: 1) To meet with the Area Treasurers and Public Works Directors for further discussion; 2) Inclusion of the spreadsheet; 3) Review a Tong -term plan; 4) Prepare a utility model that would address how Niagara Region could strengthen the model (e.g. a single deliverer of water and /or billing at one level to address the 11 billing practices now in place); 5) A three year rolling average; and 6) Regression model. Also discussed was the potential of phasing in the recommended rate structure and deferring implementation of the 2009 rates by one month. Based on referral discussions and analyses, the recommendations of Report CSD 40- 2009 /PWA 19 -2009 remain as outlined within the original report with the exceptions of those recommendations pertaining to water requisitions. It is recommended that the Region implement a 25% fixed and 75% variable rate structure in 2009 and 2010 versus the proposed 2009 50% fixed and 50% variable approach recommended in Report CSD 40- 2009/PWA19 -2009. It is further recommended that an increase to the fixed apportionment be considered for implementation in 2011 thus phasing in the proposed rate model. The volumetric rate will be determined from a linear regression model versus the historical 5 year averaging 2 of 15 used in the previous rate calculations or the 3 year averaging for the 50% variable recommended in Report CSD 40- 2009 /PWA 19 -2009. FINANCIAL IMPLICATIONS CSD 57 -2009 PWA 34 -2009 March 26, 2009 As noted in CSD 40 -2009 /PWA 19 -2009, for 2009 the Region must recover $40.8 million for water and $57.7 million for wastewater system costs, representing a cost increase of 3.4% over the 2008 budgeted requirement. To the extent that these costs are recovered based upon volumes supplied to area municipalities, the general trend in declining annual volumes will cause a rate increase greater than 3.4 For example, the recommended regression model for forecasting 2009 volumes results in a "notional" water rate increase of 13.5 or a combined "notional" water and wastewater rate increase of 8.3% in order to fund a budget increase of 3.4 It should be noted that the volume reduction being forecast is based upon a relatively simple regression based upon prior years, and actual volume reductions may in fact be greater, which would cause an even greater increase in rates than the impact noted above. Since the majority of the Region's system costs are fixed, in the event that actual volumes are less than the forecast, the Region will incur a "requisition deficit" because billings :to area municipalities will be inadequate to fund the Region's system operating and capital costs. Over the past five years these "requisition deficits" have totaled approximately $18 million, which has been subsidized from capital revenue funds. This situation is not sustainable. A move to a fixed component for billing of water will have the effect of eliminating a proportional share of any requisition deficit that would otherwise occur. The 50% fixed component recommended in the earlier report would have eliminated one half of any future requisition deficits, and the 25% fixed component recommended in this report would address one quarter (25 of the Region's risk exposure on required revenue. In spite of the fact that both Regional and Area Municipal costs tend to be largely fixed (ie independent of volume), area municipalities advise that they face considerable resistance in passing on a larger fixed cost component to consumers. Therefore the resolution of cost recovery for 2009 requires careful forecasting of 2009 volumes for purposes of setting an appropriate rate as well as a balancing or phasing of fixed costs to achieve longer term sustainability against affordability concerns. PURPOSE This report addresses the referral issues and concerns raised during the March 5th 2009 deliberation of Report CSD 40- 2009 /PWA 19 -2009 respecting 2009 Water 3 of 15 BACKGROUND 1. Three Year Rolling Average Three -Five Year Averaging Analysis CSD 57 -2009 PWA 34 -2009 March 26, 2009 Wastewater Rate Setting and Cost Recovery Review and Uniform Wholesale Rates and Area Municipal Requisitions. Six specific areas were identified for further information and analysis and findings are presented as follows. Past water rate calculations had been based on a five year rolling historic average to estimate future water production. The volumetric rate calculation was such that the annual required requisition was then divided by the estimated production (the 5 year historical average) resulting in a cost per cubic meter. Based on a historical downward trendline in water production and sales, the 5 year average resulted in overly optimistic water sales projections which then resulted in revenue shortfalls and significant operating budget deficits for Regional water and wastewater services. The Region does not have a rate stabilization reserve therefore these revenue shortfalls, in addition to unrealized Development Charge (DC) revenue and reserve shortfalls were replaced by funds set aside in the capital reserve fund. In effect, operating revenue shortfall was replaced by planned capital funds. While Development Charge recoveries are currently under review by the Regional Development Charges Task Force, the rate recovery methodology is the subject of this report. It should be noted that the rate recovery methodology in this report does not account for nor cover Development Charge shortfalls for new growth extensions. It also does not propose recovery of previous or anticipated revenue shortfalls which could be recovered by one -time, year -end reconciliations or factored into future recoveries. For comparison purposes, the previous rate recovery model would result in the following volumetric change: 2009 Requisition /5 year average (Jan -Dec) $0.599 cubic meter Based on historical trends, it is extremely unlikely that water production will be at the level projected by the 5 year historical average, i.e. 68,093ML. For comparison in 2007, a dry year, 67,993ML of water was produced. In 2008, an extremely wet year, 60,792ML of water was produced. The 5 year average exceeds both examples. Recalculation based on the 3 year average would be; 2009 Requisition /3 year average (Jan -Dec) $0.627 cubic meter A 3 year average (65,065ML) versus a 5 year average (68,093ML) is believed to be a more representative estimate in that it reflects Local Area Municipal attempts at water loss reduction and conservation. That said, there remains a substantial element of risk 4 of 15 Municipality NIAGARA FALLS 2008 Consumption 15,456,905 of Total 25.4% 3 Year Rolling Average (Jan- Dec) 15,914,895 of Total 24.5% Allocation, Based on One Year (2008) 5,186,130 Allocation Based on Three Year (2006 2008) 4,989,123 Differe ($197 PORTCOLBORNE 3,023,840 5.0% 3,429,745 5.3% 1,014,564 1,075,183 $60 ST CATHARINES 17,958,703 29.5% 19,224,453 29.5% 6,025,538 6,026,628 $1 THOROLD 2,490,007 4.1% 2,742,019 4.2% 835,452 859,589 $24 WELLAND 7,352,569 12.1% 8,170,935 12.6% 2,466,948 2,561,487 $94 FORT ERIE 4,740,255 7.8% 4,889,835 7.5% 1,590,459 1,532,903 ($57 GRIMSBY 2,538,691 4.2% 2,854,411 4.4% 851,786 894,822 $43 LINCOLN 2,297,325 3.8% 2,493,003 3.8% 770,803 781,525 $10 NOTL 2,761,277 4.5% 3,017,959 4.6% 926,469 946,093 $19 PELHAM 1,488,891 2.4% 1,600,284 2.5% 499,556 501,669 $2 W. LINCOLN Total 684,070 60,792,533 1.1% 100.0% 727,952 65,065,490 1.1% 100.0% 229,520 20,397,225 228,204 20,397,225 $1 CSD 57 -2009 PWA 34 -2009 March 26, 2009 due to variable weather conditions. Impacts to the Industrial, Commercial, and Institutional (ICI) Sector are also unknown, i.e. with the economic downturn it is anticipated that demand will be less for the ICI sector. The original recommendation of Report CSD 40- 2009 /PWA 19 -2009 included a methodology currently used by the local Area Municipalities; a fixed and variable cost recovery mechanism. A 50% fixed allocation based on 1) a 3 year average and 2) based on prior year actuals were presented to the Joint Area Municipal and Regional Water and Wastewater Cost Recovery Methodology Review Working Group (Working Group). It was the preference of the Working Group that the prior year consumption be used to allocate the fixed apportionments. The previous year was seen by the Working Group to reflect real time efforts towards conservation and water loss mitigation. The remaining 50 the volumetric analysis, was recommended to be estimated on the three year average. The following table provides the financial impacts of the two `fixed' options originally presented to the Working Group. It should be noted that this table has been updated to reflect January to December averages, consistent with the regression analysis provided later in the report. For example, when the allocation of fixed costs is based on the previous year volumes, Niagara Falls represents 25.4% of the overall 2008 Niagara water consumption. If based on the 3 year historical average volumes, its allocation drops to 24.5 a reduction of $197,007. The analysis based on a 25% fixed apportionment is provided for reference. 2. Regression Model Revenue Impacts for Water Using a Linear Repression Model CSD 57 -2009 PWA 34 -2009 March 26, 2009 Staff was also asked to forecast water production based on regression models. The models are shown in Appendix A, and were generated based on actual, previous year production numbers. For purposes of rate setting, the linear regression based on data from 1991 is being recommended. Revenue impacts from this 18 year trending is presented in the following table. While this analysis is based on historical data, other variants or considerations were identified. Growth the growth trends provided within the Growth Management Study indicate a relatively straight line increase from 1991 to date. Water demands decreased even with this growth. Conservation the actual date of metering for each of the municipalities varies but Thorold, Port Colborne, Fort Erie and Niagara Falls metering programs were implemented within the timeline analyzed. The Ontario Building Code incorporation of low flow fixtures also occurred during this time. Actual per capita consumption is unknown as customer records are a retail matter at the local municipal level. The Region uses an estimate of 350L per capita residential use in engineering studies and design. The average daily residential water use per capita for Canada is estimated at 326L. 6 of 15 2008 Fixed Municipality Consumption of Total Allocation 25% NIAGARA FALLS 15,456,905 25.4% 2,593,065 PORT COLBORNE 3,023,840 5.0% 507,282 ST CATHARINES 17,958,703 29.5% 3,012,769 THOROLD 2,490,007 4.1% 417,726 WELLAND 7,352,569 12.1% 1,233,474 FORT ERIE 4,740,255 7.8% 795,230 GRIMSBY 2,538,691 4.2% 425,893 LINCOLN 2,297,325 3.8% 385,401 NOTL 2,761,277 4.5% 463,234 PELHAM 1,488,891 2.4% 249,778 W. LINCOLN 684,070 1.1% 114,760 Total 60,792,533 100.0% 10,198,613 2. Regression Model Revenue Impacts for Water Using a Linear Repression Model CSD 57 -2009 PWA 34 -2009 March 26, 2009 Staff was also asked to forecast water production based on regression models. The models are shown in Appendix A, and were generated based on actual, previous year production numbers. For purposes of rate setting, the linear regression based on data from 1991 is being recommended. Revenue impacts from this 18 year trending is presented in the following table. While this analysis is based on historical data, other variants or considerations were identified. Growth the growth trends provided within the Growth Management Study indicate a relatively straight line increase from 1991 to date. Water demands decreased even with this growth. Conservation the actual date of metering for each of the municipalities varies but Thorold, Port Colborne, Fort Erie and Niagara Falls metering programs were implemented within the timeline analyzed. The Ontario Building Code incorporation of low flow fixtures also occurred during this time. Actual per capita consumption is unknown as customer records are a retail matter at the local municipal level. The Region uses an estimate of 350L per capita residential use in engineering studies and design. The average daily residential water use per capita for Canada is estimated at 326L. 6 of 15 CSD 57 -2009 PWA 34 -2009 March 26, 2009 ICI usage it is anticipated that ICI consumption has and will continue to decrease as a result of the economic downturn. Water production for January and February 2009 is lower than in previous years by approximately 3% to date. Water production at this time of the year is not impacted by weather conditions so this early reduction may be indicating a further downward trend in overall demand. Price Elasticity the increase in volumetric rate in water and wastewater likely has the effect of reducing water consumption. Price has a significant effect on choice and usage. Precipitation annual rainfall, based on a linear regression model, has been increasing from 1991 to date. 2008 was an extremely wet year with records indicating a 47% increase over 2007. Summer weather conditions will impact water usage significantly. The following chart illustrates precipitation records for the Region. The linear regression model (Appendix A) is a simplistic analysis and further detailed retail information such as per capita and ICI consumption would benefit future regression type analyses. In light of the concerns raised with the proposed 50% fixed plus 50% variable rate methodology, and the increased risk transference to the local Area Municipalities, it is recommended that the approach be phased in, starting with a 25% fixed component for a period of two years. The remaining 75% variable component will be based on the findings of the linear regression model. This regression approach should improve the estimate and volumes of water production used in the notional volume rate calculation.. As per the analysis provided, the 2009 rate would be established based on the following calculation; 7 of 15 CSD 57 -2009 PWA 34 -2009 March 26, 2009 75% Variable Requisition /estimated production $0.472 per cubic meter The linear regression model based on 18 years of data estimates 2009 production at 64,896.80ML and at 25% fixed and 75% variable would representing a notional rate increase of 8.3% when factoring in the wastewater increase. 3. Spreadsheet 2008 to 2009 Comparison An analysis of 2008 actual billing to the proposed 2009 rate impacts had been previously provided to the Area Treasurers. That spreadsheet is attached as Appendix B and illustrates the difference between what was recovered (actual revenues) and what was supposed to be recovered (budgeted revenues). The wet weather conditions of 2008 exacerbated the shortfall in water production and thus skewed the percentage of year over year increase when comparing 2008 Actual to 2009 Projected. While this situation resulted in a significant shortfall for the Region, local Area Municipalities may have also experienced revenue shortfalls in 2008, each with a different level of exposure contingent upon their fixed apportionments and their estimated sales. Regardless of type of model used, other than that of a purely fixed model, there is an element of risk for all municipalities. However, each area municipality has the rate setting control in their jurisdiction to manage their respective exposure to revenue shortfall. 4. Lona Term Plan The Regional Municipality of Niagara, along with all other Ontario municipalities that are responsible for the provision of drinking water, are required to meet the requirements set out in the Financial Plans Regulations O.Reg.453/07. At this time the anticipated deadline date for submission of the Financial Plan to the Ministry of Environment is July, 2010. The Financial Plan is a requirement of the Drinking Water Licensing Program now in place. Paragraph 4 of subsection 3(1) of the regulation requires that financial plans include the following: 1. Details of the proposed or projected financial position of the drinking water itemized by: a. Total financial assets b. Total liabilities c. Net debt d. Non- financial assets that are tangible capital assets, tangible capital assets under construction, inventories of supplies and prepaid expenses e. Changes in tangible capital assets that are additions, donations, write- downs and disposals 8 of 15 CSD 57 -2009 PWA 34 -2009 March 26, 2009 2. Details of the proposed or projected financial operations of the drinking water system itemized by: a. Total revenues, further itemized by water rates, user charges and other revenues b. Total expenditures itemized by amortization expenses, interest expenses and other expenses c. Annual surplus or deficit d. Accumulated surplus or deficit 3. Details of the drinking water systems proposed or projected gross cash receipts or gross cash payments itemized by: a. Operating transactions that are cash received from revenues, cash paid for operating expenses and financing charges b. Capital transactions that are proceeds on sale of tangible capital assets and cash used to acquire capital assets c. Investing transactions that are acquisitions and disposal of investments d. Financial transactions that are proceeds from the issuance of debt and debt repayment e. Changes in cash and cash equivalents during the year f. Cash and cash equivalents at the beginning and end of the year Regional staff, including Corporate Services and Public Works representatives, has started the Financial Plan and will factor in the draft 10 -year capital sustainability estimates generated last year. A report on this project will be presented to Council later this year and may impact future billing proposals. 5. Utility Model The Provincial Government in August 2004 established The Expert Panel on Water and Wastewater Strategy to provide advice on the organization and long -term financing of Ontario's water and wastewater systems. The Expert Panel's report Watertight: The case for change in Ontario's water and wastewater sector, was released in 2005. The report's key recommendations are: Increasing the scale and capacity of water systems, including consolidating smaller water systems in various parts of the province into larger regional utilities; Strengthening the governance of water services and increasing their effectiveness by making municipally -owned utilities responsible for providing services; Phasing in cost increases over a seven -year period; Creating an independent economic regulator— the Ontario Water Board charged with reviewing business plans and proposed water rates; Encouraging innovations in technology and training in order to reduce costs and 9of15 Revitalizing the Ontario Clean Water Agency by revising its mandate to include an arm's length relationship with the province and establishing a business oriented board of directors. It was generally understood that the Provincial Government would respond to the Panel's recommendations. This has not happened to date, although PSAB and Financial Planning requirements have been implemented as well as legislation put in place to permit alternate governance and operational models. A Joint Optimization Group of Public Works Officials within Niagara reviewed utility options in 2008 recognizing that next steps include a detailed, financial audit and development of a business case. There have been several attempts at staff levels to discuss a business planning review with limited success, including those discussions in 2008. Should staff be directed to proceed to a full, financial review of a utility model, Regional and local Area Municipal Councils may wish to consider a Memorandum of Understanding acknowledging and committing to full participation and disclosure of operational and financial information for the review. It may be more timely and economical to undertake the review after completion of all 12 Financial Plans within Niagara. A common rate structure for all 12 municipalities (1 wholesaler and 11 retailers) would also provide consistent billing methodology and transparency to our consumers across Niagara. This opportunity should be advanced to the local Area Muncipalities for consideration. A Memorandum of Understanding may be a viable mechanism to initiate this undertaking as well. 6. Local Area Municipal Treasurer and Public Works Review There have been 5 Working Group meetings to develop the recommendations of the previous report to Council. As directed, staff of the Region and local Area Municipal staff met again on March 19 2009 to discuss and review the concerns from the Council deferral and the contents and recommendations of this report. Regional staff were asked to provide an updated version of the spreadsheet highlighted in Item 3 to reflect the proposed 25% fixed apportionment. The updated spreadsheet is provided in Appendix B. As highlighted in the previous text, the wet weather conditions of 2008 exacerbated the shortfall in water production and thus skewed the percentage of year over year increase when comparing 2008 Actual to 2009 Projected. The linear regression may help close the 'gap' between projections (budgets) and actuals (revenues), however, significant risk remains with the recommended rate model.. Minor points of clarification were requested and provided and the Region was asked about date of implementation. While a number of local municipalities have already set their 2009 rates, others have not and are waiting for the Regional rates. A revision to the March 1, 2009 implementation date is not being recommended as the proposed revised rate structure remains highly variable with risk of further shortfalls in 2009 based on year to date trends. 10 of 15 CSD 57 -2009 PWA 34 -2009 March 26, 2009 Summary While there is no water rate recovery model that mitigates volumetric risk, other than a fully fixed cost recovery model. The recommended 50% fixed apportionment was viewed to transfer too much risk to the local Area Municipalities. As alternate solutions, a linear regression model and a phased in approach for a fixed allocation (25% versus 50% for 2009 and 2010) are recommended. It should be recognized that, should water production be Tess than that estimated, it will be necessary to recover operating revenue shortfalls from capital infrastructure reserve funds set aside for planned works. The consequence of this situation is the reduction of the capital program and /or deferral of planned capital water projects. Submitted by: Submitted by: Kenneth J. Brothers, P.Eng John Bergsma Commissioner of Public Works Commissioner of Corporate Services Approved by: Mike Trojan Chief Administrative Officer This report was prepared by Betty Matthews- Malone, P.Eng., Director of Water and Wastewater Services, in consultation with Gord Lockyer, Treasurer, Director Financial Management Planning': 11 of 15 CSD 57 -2009 PWA 34 -2009 March 26, 2009 Cr) CT) rn c 0 00 0 CV N N Ij -4- co U o a) Q o C o N —cts E((It c oa� o L _C (0 >,c m L <A. c o L O O E T (6 I M--' L C a) E N a) a) N 'U c U') L L O 4 C C C O' a) L C a) C� O- m) _O to C C c t as to U U (1) L -p N Q a as O L (p C O Y O C .0 .1..U2 3 U (0 O O a) j_C 0 -o fl.. L O ,C —"O O� ns OO 0 a) .0 n D E t f6 L E O L U 0 U o a) W. 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(+7 0 .4- c6 CD CD CD O O O N N N M N U Ua 2 0) c 0) m 0 O O N O o o W (n 3 O r (a c N O (V O L oZS p)1.= c 0 I I I I 0) T (Q .0 I1 a 0 a_ U 2 0 N 0 0 1 co LCD N (v E co o .0 ZIid0 O O O Ln M 0 rn 0 N N 0) 64 Ln M 0 1- O ti T O M M ti rn ti CO CO O O 0 C (Q 1 LD M U) N Ln N M 0) 0) CO Ln O co 4 0 64 M r M 0 (O 0) M co N O 0 N U c J Ln 0 N O M Ln LA J 0 Z `‘.3 O 1 Ln M 0 ti CO 9) 1 CO N fA r 0 T ER ER O O N M LLD 0) O Csi LO 669 64 ti O 4 co 64 co O) d3 E as O O '4) M 0 CO O CO M O Ln O O U) M 7 April 27, 2009 CPS- 2009 -03 Niagara His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CPS- 2009 -03 Water and Sewer Rate Structure RECOMMENDATION: That the proposed Schedule of Fees and Charges for Water and Sewer, based on the new rates structure, and this report be circulated to the Stakeholders and General Public, and That the Committee directs Staff to hold a Public Information Session to explain the new rates structure and to gather Public responses. BACKGROUND: As staff appreciates, the report below is extensive, detailed and technical. We do not expect Council or the public to have digested the report by Monday, April 27"'. Staff wanted to get the report out so that it will provide a starting point for discussion. As indicated, staff is recommending the report be circulated and is NOT expecting Council to make a decision or debate the merits of the report at this time. Public Information sessions will follow. The public process for reviewing the water and sewer rate structure is now in its third year. What began as a complaint from a concerned City resident, has evolved into a complex evaluation of water and sewer rates. Practically all sectors of the public have participated in the public process by attending public information sessions and providing comments on changing the rates structure. Their comments have ranged from formal presentations to candid remarks. Regardless of the form, it is their response that has highlighted the problems with the existing Water and Sewer Rate Structure. Throughout the public process, various ideas have been considered for changing the rate structure. However, it would appear that even a minor change to the rate calculations would increase the costs for some ratepayers and others would pay less. Suffice it to say, no matter how you slice it or dice it, all of the ratepayers will see themselves as either winners (paying less) or losers (paying more). Any change to distributing the water and sewer costs is just as unpalatable as increasing the rates. Economic pressures have changed drastically since March 2007, when the process began. Public tens' increased over the past two years from increased water an prop s and from a to the rate structure. There is nevsr a good timA to p p g change the rules, kart im itable change must be based on sound principles. agara Falls, ON Canada ,L2E 6X5'.905- 356 -7521 .www.niagarafalls.ca Corporate Services Department Finance The report provided the following recommendations: 1. a business plan that allocates revenues to be derived from a two -part rate structure, 2. a two -part rate structure, i.e., a fixed component and a volumetric component, 3. a classification of water and sewer ratepayers, 4. a hump -back design for the water volumetric component, and 5. a single rate design for the sewer volumetric component with a maximum annual charge for the residential and condo -unit class. The Committee deferred the report and directed Staff to circulate it to the various stakeholders. Three written responses are attached. The responses indicated cautious support for the new rate structure but also requested more information. The three Stakeholders needed the data to analyze the impact on their water and sewer costs. One concern focused on whether the "Council's acceptable level of risk" would permit yearly arbitrary decisions for the fixed rate component. This could lead to unpredictable rate setting and create difficulties for multi -year planning. Another concern focused on whether the hump -back volumetric rate would be uniform for all ratepayer classes, and whether the meter size would continue to determine the monthly fixed charge. Review of the Water and Sewer Rate Structure Recommendations Each of the five recommendations is discussed to illustrate how they satisfy the eight principles and the concerns raised via the Public Consultation. 1) A business plan that allocates revenues to be derived from a two -part rate structure April 27, 2009 -2- CPS 2009 -01 On February 9, 2009, the Corporate Services Committee received Report CPS 2009 -01 which responded to the Committee's direction "to prepare recommendations for a water and sewer rate structure that fulfils the eight principles, considers the Region's review of water and sewer charges, and responds to the concerns raised via the Public Consultation." Council approved changes for the new Environmental Services that addressed the new legislative requirements and the reorganization of the City forces, Continuation of the change by focusing on a business plan that allocates revenues to be derived from a two -part rate structure, A business plan would not differentiate between City and Regional costs, or between fixed and variable costs, for determining the two part rate structure, The new plan would allocate revenue generation based on the Council's acceptable level of risk, satisfying the principles of user pay, affordability, conservation, and water use efficiency. 2) A two -part rate structure, i.e., a fixed component and a volumetric component The two part rate structure is simple in design and familiar to ratepayers, The structure is used by other utilities, It satisfies the principles of practicality and simplicity, The City will not incur major reprogramming of the billing software, The fixed component generates the minimum amount of revenue that the Council needs to satisfy the level of risk for revenue adequacy and security, The volumetric component generates the balance of revenues required and puts the ratepayer in control of this portion of the total billing. )Ie Costs Total 0 $17,689,842 50,497 $21,988,794 50,497 19 $39,678,636 is Charges Total 67,205 58 $39,678,636 April 27, 2009 -3- CPS 2009 -03 3) A classification of water and sewer ratepayers Classification would help address the unique circumstances of ratepayers, It would help maintain community values and be sensitive to ratepayers, It promotes fairness and user pay between various kinds of ratepayers, Three classes of ratepayers: A residential and condo -unit class includes homeowners who have individual water metered services. A multi residential and condo complex includes buildings which have individual water metered services for a number of dwelling units, and, A class for Institutional, Commercial, and Industrial water metered services. 4) A hump -back design for the water volumetric component The hump -back design is only for the water volumetric rate, The design creates a peak charge that encourages conservation for lower consumption ratepayers, It offers large consumption ratepayers a reduced rate to reflect the economy of scale in the provision of water services, and, It promotes conservation and economic development by ste pping the rates in a fashion that meets the purpose for the use of water services. 5) A single rate design for the sewer volumetric component, with a maximum annual charge for the residential and condo -unit class The single rate design would continue for the sewer volumetric rate The maximum charge addresses the principle of fairness, and the concern about paying for a service that is not used, and, Only applies to the residential and Condo -unit class. The City would continue the sewer rebate program for ICI ratepayers who can demonstrate that their water use did not result in a discharge to the sewer system This program satisfies the principle of economic development. Allocating Revenues to Fixed and Volumetric Components The first recommendation for a new rate structure is that a business plan be developed that allocates revenues to be derived from a two -part rate structure. The allocation would be based on the Council's acceptable level of risk, satisfying the principles of user pay, afford ability, conservation, and water use efficiency. A quick reference to the 2009 water and sewer costs will help demonstrate the impact of allocating revenues. Report CPS 2009 -02 outlined the 2009 Municipal Utility Budget. The report explained the annual expenditures and revenues which are summarized in the following chart. 2009 Municipal Utility Budget Summa 2009 Expenditures City Costs Region Costs Total Costs 2009 Revenues City Billings Fixed Costs $17,689,842 $14,538,297 $32,228,139 Fixed Charges $16,811,431 81 42 ry Varia $7,4 $7,4 Volumet $22, Percent Allocation Fixed Revenue Monthly Charge Percent Allocation Volumetric Revenue Volumetric Rate 0% $0 $0 100% $39,679 $2.9442 10% $3,968 $10.33 90% $35,711 $2.6498 20% $7,936 $20.66 80% $31,743 $2.3554 25% $9,920 $25.83 75% $29,759 $2.2082 50% $19,839 $51.65 50% $19,839 $1.4721 75% $29,759 $77.48 25% $9,920 $0.7361 80% $31,743 $82.64 20% $7,936 $0.5888 90% $35,711 $92.97 10% $3,968 $0.2944 100% $39,679 $103.30 0% $0 $0 April 27, 2009 -4- CPS 2009 -03 The chart shows the 2009 expenditures which are 81% fixed costs and 19% variable costs, The chart also shows the 2009 Revenues which are 42% fixed charges and 58% volumetric charges. There is an obvious difference between the fixed /volumetric percentage allocations of the expenditures compared to revenues. Prior to 2008, there was no difference in the percentage allocations. Why the change The costs for water purchases and sewer treatment used to be billed from the Region on a volumetric rate. The costs were variable, so the City used a volumetric rate. But now the Regional billing is mostly a fixed cost, and the City is still using volumetric charges. The City could adjust the rate calculation so that all of the fixed costs are collected from the fixed revenues. The fixed revenue component is collected by using a service charge or a flat rate that is billed on a regular frequency such as monthly. Generally there is minimal risk of revenue shortfalls with this revenue component. Before the City simply changes the rate calculation, the Committee needs to understand the dynamic of the change. The following chart shows the dynamic of allocating the revenues between the fixed component and the volumetric component. Using the 2009 revenues, water volumes, and number of accounts, the example shows how the respective fixed and volumetric rates change as the revenue allocation changes. Percent Allocation Between F Total revenues of $39,678,636 multiplied by the percent allocation, (000's) Monthly Residential charge includes both water and sewer rates Volumetric rate includes both water and sewer rates The revenue allocation between the fixed and volumetric components does impact the water and sewer billings to ratepayers. The impact depends largely on the quantity of water that the ratepayer uses. Generally, a high volumetric allocation benefits a low volume user, and a high fixed allocation benefits a high volume user. To illustrate the relative impact on a residential and a commercial ratepayer, the following chart shows how quickly their annual costs change as the revenue allocation changes between the fixed and volumetric components. Fixed Revenue Component Volumetric Rev Component v. i Residential Annual Billing v vul V JGI J Commercial Annual Billing 0% 100% $707 $353,307 25% 75% $840 $277,996 50% 50% $973 $202,686 75% 25% $1,106 $127,376 100% 0% $1,240 $52,065 April 27, 2009 -5- Allocation Impact on Residential and C CPS 2009 -03 Based on a 15 mm meter and using 240 m3 per year Based on a 150 mm meter and using 120,000 m3 per year The risk of a revenue shortfall does increase with a higher allocation to the volumetric component. The risk increases as the volume of water billed fluctuates. Weather plays an important factor on the use of water. A rainy summer will result in Tess water used and billed to ratepayers. And since the costs are mostly fixed, the City could incur a revenue shortfall. The Council's acceptable level of risk depends directly on the City's appetite on gambling for an excess or a Toss. Not unlike many of its business oriented ratepayers, the Committee should consider taking a business plan approach. Forecasting revenues and costs.over several years can help smooth any unplanned financial fluctuations, and provide relative consistency in setting water and sewer rates. The first decision then is choosing an allocation of revenues to be derived from a two -part rate structure: fixed and volumetric. And the choice should be made for the long term. Classification of Water and Sewer Ratepayers The Public Consultation was very informative on the unique circumstances for various ratepayers. Homeowners who enjoy gardening felt unfairly charged for sewer consumption costs since the water used for gardens did not enter the sanitary sewer system. Condominium -unit owners also felt unfairly charged. Their individual water and sewer billings are based on separate services, but similar owners pay less due to the shared billing of a single service. Business owners are concerned about the cost of the City's infrastructure expenditures and how the funds are collected from ratepayers. The expenditures are annual contributions toward capital projects for maintaining the City's water and sewer systems. The funding is collected from ratepayers through the fixed charges in the water and sewer billings. For 2009, the total annual contribution is $9,145,000 which accounts for nearly 71% of the total revenues collected from monthly fixed charges. Business owners who use large meters pay monthly charges that are many times the residential rate. Three classifications are suggested to address the unique circumstances. Residential and condo -unit class includes homeowners who have individual water metered services. This classification would be restricted to 15mm and 16mm water services for only residential uses. Multi- residential and condo complex includes buildings which have individual water metered services for a number of dwelling units for only residential use. Meter Size Meter Factor Residential and Condominium- Unit Multi- residential and Condo- complex Institutional, Commercial and Industrial $11,631,301 $511,192 $4,668,645 15mm 1 $35 $70 16mm 1 $35 $70 25mm 1 $70 37mm 3 $151 $210 50mm 6 $302 $420 75mm 12 $840 100mm 22 $1,540 150mm 42 $2,940 200mm 75 $5,250 250mm 105 $7,350 April 27, 2009 -6- CPS 2009 -03 An ICI classification which includes Institutional, Commercial, and Industrial water metered services. This classification includes all sizes of water services that are for non residential use. Assuming that the Committee has completed the first decision, Classification provides a basis to allocate the fixed revenue component. Each classification is assigned a share of the total fixed revenue required, then each water service is assigned a share of fixed revenue within their respective classification. The Committee may want to consider various options on allocating the fixed revenue component to the three classes of ratepayers. Consideration on how each option satisfies the eight principles would influence the allocation. The options could include using the property assessment of major property classes, the property zoning of the water service area, or simply allocating equal portions of the fixed revenue component to each of the three classes. For example, using the fixed revenues from the 2009 Municipal Utility Budget, the following three charts illustrate the allocation of the fixed revenues among the three classifications, and the impact on the monthly fixed charge by meter size. Using Pro ors are a mu o the 15 mm rate Meter Size Meter Factor r Residential and Condominium- Unit V Multi- residential and Condo- complex 11-1'_"J Institutional, Commercial and Industrial $13,448,910 $1,176,780 $2,185,448 15mm 1 $40 $33 16mm 1 $40 $33 25mm 1 $33 37mm 3 $348 $99 50mm 6 $696 $198 75mm 12 $396 100mm 22 $726 150mm 42 $1,386 200mm 75 $2,475 250mm 105 $3,465 Meter Size Meter Factor Residential and Condominium- Unit vc Multi- residential and Condo- complex iuc� Institutional, Commercial and Industrial $5,603,152 $5,603,152 $5,603,152 15mm 1 $17 $84 16mm 1 $17 $84 25mm 1 $84 37mm 3 $1,656 $252 50mm 6 $3,312 $504 75mm 12 $1,008 100mm 22 $1,848 150mm 42 $3,528 200mm 75 $6,300 250mm 105 $8,820 April 27, 2009 -7- Usin Pro p ert Usin Equ al Po rtions to Allocate Fixe R CPS 2009 -03 Each chart shows the dynamic influence of the allocation method. Other important variables, which have been kept constant for these illustrations, are the number of water meters and the meter factors. April 27, 2009 -8- CPS 2009 -03, The second decision then is choosing an allocation basis to collect the fixed revenues from the three classifications of ratepayers. The Public Consultation has shown that any choice should be implemented for the long term, and that the Committee avoid changing the allocation basis from year to year. Consistency in the use of an allocation method helps ratepayers to forecast their water and sewer costs for the long term. Hump -Back Rate Design for Water Usage The fluctuation of water volumes is a key factor in the calculation of a volumetric component. The existing rate calculation currently uses a rolling average of the past three years' of actual water flows to estimate future usage. Over the past five years, the City has experienced a steady decrease in the annual amount water flows. The volume of water purchased from the Region is more than the volume billed to the Ratepayers. The difference is usually called unbilled water flows or unaccounted for water flows. These water flows are the result of unmetered uses, such as Fire usage, system flushing and leakage. The City has worked diligently to maintain the water pipe system. However, the unbilled water flow continues to average at 15% of regional purchases. The fluctuation of water volumes and the unbilled water flows must be factored into the calculation of a volumetric component since the component uses volume to charge the Ratepayer. In comparison to a single volumetric rate for water usage, the hump -back design provides three volumetric rates or stepped billing. The rates are applied as the increasing volume of water is billed. The first step is intended to bill for economic residential water use. The design next creates a peak rate that encourages conservation by charging more for water usage. The final step charges a marginal value rate to large water users. The calculation of a volumetric rate depends on the fluctuation of water flows and the amount of unbilled water flows. The calculation of the hump -back design also considers the increasing volumes of water use by a ratepayer. For example, residential water use can range from ten to forty cubic meters per month, whereas commercial water use can range from several hundred to thousands of cubic meters. The hump -back rate design provides an economic rate for low volume users. The economic rate is targeted at residential use to provide a basic amount of potable water at an affordable price. The average residential use in Niagara Falls is approximately 231 per year or just under 20 m3 per month. The economic rate could be used to bill the first 20 m3 of water use in the month of billing. The hump -back rate design provides a peak rate to promote conservation and water use efficiency. By utilizing a peak rate for water use greater than 20 m3 per month, this higher volumetric rate could be used to bill water use that ranges from 21 to 63 m3 per month. Due to the higher rate, many users will effectively reduce their usage to reduce their costs. However, the higher rate may be seen as an unfair rate, especially by users who regularly choose to use more water. There are about 500 water accounts that average more than 231 and Tess than 1000 m3 per year. The hump -back rate design encourages economic development by providing a marginal value rate to reflect the economy of scale in the use of water. The marginal value rate is calculated to be nearly equal to the City's marginal cost of purchasing water from the Hump back Rate Steps Range Volumetric Revenue Meter Size Average Annual Volume of water billed Hump Back Rate Annual Billing Single Rate Annual Billing 15mm 231 $193 $188 16mm 537 $576 $437 25mm 1,253 $1,345 $1,021 37mm 2,338 $2,126 $1,906 50mm 4,427 $3,630 $3,609 75mm 11,504 $8,724 $9,378 100mm 27,370 $20,146 $22,312 150mm 128,441 $92,901 $104,702 200mm 159,890 $115,539 $130,339 250mm 190,100 $137,286 $154,965 Hump back Rate Steps Range Volumetric Revenue Rate per cubic meter Economic rate 0 240 m3 $5,683,389 $0.8373 Peak Rate 241 1000 m3 $1,232,423 $1.2657 Marginal Value Rate 1000+ m3 $4,446,909 $0.7198 Single Rate $0.8152 Regional Rate $0.6363 April 27, 2009 -9- CPS 2009 -03 Region. This rate essentially passes on the Regional charge per cubic meter to the high volume user, without any additional City costs. The high volume user could be charged the marginal value rate for unlimited usage greater than 63 m3 /month. The following rate schedule shows an illustration of the hump -back rate design. This next chart shows the impact on the water volumetric billing for various meter sizes. Billing Comnarisnn of Hi►mn Large volume users benefit greatly from having a reduced rate for their usage. However, the trade -off is charging the peak rate to those users who regularly use Tess than 1,000 m3 per year. Some of these users may aggressively pursue conservation measures to reduce the amount of water billed at the peak rate. The third decision is to choose whether the hump back or the single rate design should be used to calculate the water volumetric charge. April 27, 2009 Here is a sample rate schedule: -10- CPS- 2009 -03.. Single Rate Design with Annual Maximum Charge for Sewer For some users, the existing sewer rates are unfair. Many homeowners use water for gardening and lawn watering. These uses incur sewer charges even though the water used does not discharge into the sanitary sewer system. One suggestion from the Public Consultation requested a maximum charge for residential sewer discharge. A maximum charge transfers the collection of revenues to other sewer billings. Although the transfer appears to penalize non- residential ratepayers, the transfer only affects those services that are of the same size meter as Residential. There are approximately 500 non- residential water services that have a 15 or 16 mm meter size. These services would not be eligible for the maximum sewer charge. However, the rates are constructed to provide a marginal value rate for the MRC and ICI classes. Single Rate Desig with The following chart shows how a maximum residential charge would impact sewer volumetric billings using the 2009 SewerVolumetric Revenues, and includes a comparison to the average billing using a single volumetric sewer rate. Volumetric Revenue Rate per cubic meter Residential and Condominium -unit (RC) $6,315,941 $1.0007 Maximum RC Charge (240cm) $88,142 $240.17 MRC and ICI $5,732,466 $0.7715 Single Rate $0.8788 Regional Rate $0.6892 April 27, 2009 Here is a sample rate schedule: -10- CPS- 2009 -03.. Single Rate Design with Annual Maximum Charge for Sewer For some users, the existing sewer rates are unfair. Many homeowners use water for gardening and lawn watering. These uses incur sewer charges even though the water used does not discharge into the sanitary sewer system. One suggestion from the Public Consultation requested a maximum charge for residential sewer discharge. A maximum charge transfers the collection of revenues to other sewer billings. Although the transfer appears to penalize non- residential ratepayers, the transfer only affects those services that are of the same size meter as Residential. There are approximately 500 non- residential water services that have a 15 or 16 mm meter size. These services would not be eligible for the maximum sewer charge. However, the rates are constructed to provide a marginal value rate for the MRC and ICI classes. Single Rate Desig with The following chart shows how a maximum residential charge would impact sewer volumetric billings using the 2009 SewerVolumetric Revenues, and includes a comparison to the average billing using a single volumetric sewer rate. April 27, 2009 Billing Comparison of Single Rate with Maximum RC Charge CPS 2009 -03 Meter Size 15 mm 16mm 25 mm 37 mm 50 mm 75mm 100 mm 150 mm 200 mm 250 mm Average Annual Volume of water billed 231 537 1,253 2,338 4,427 11,504 27,370 128,441 159,890 190,100 Residential and Condominium -Unit Annual Billing $231 $240 MRC and ICI Annual Billing $178 $414 $966 $1,803 $3,415 $8,875 $21,115 $99,092 $123,355 $146,662 Single Rate Annual Billing $203 $472 $1,101 $2,055 $3,890 $10,110 $24,053 $112,874 $140,511 $167,060 Large volume users again benefit greatly from having a reduced rate for sewer. And residential users will enjoy a maximum charge. However, the trade -off is charging a higher rate to some users rather than a single rate for all users. The fourth decision is to choose whether the maximum residential charge could be used or just keep a the single rate for the sewer volumetric charge. Schedule of New Water and Sewer Rates Two schedules are attached to this report that show the new water and sewer rates. Using all of the suggested factors in this report, the schedules show the fixed and volumetric rates for water and sewer services. The factors used in the calculation include: a business plan that allocates revenues to be derived from a two -part rate structure, a two -part rate structure, i.e., a fixed component and a volumetric component, a classification of water and sewer ratepayers, a hump -back design for the water volumetric component, and a single rate design for the sewer volumetric component with a maximum annual charge for the residential and condo -unit class The Stakeholders and the General Public may want to compare their existing water and sewer costs. So, the new rate schedules show what the 2008 rates would have been using the new rate structure. When the 2009 Municipal Utility Budget is approved with its rates, then the comparison can be continued. For future planning purposes, the new rate schedules also show what the 2010 to 2012 rates would be assuming that Regional and City costs continue to increase. Class Meter Size Average Volume by Month/Year Existing 2009 Total Charge New 2009 Total Charge Difference RC 15 mm 20/240 m3 $950 $877 $73 16 mm 25/300 m3 $1,054 $953 $101 MRC 37 mm 200/2,400 $5,743 $10,016 ($4,273) 50 mm 360/4,320 $10,660 $18,874 ($8,214) ICI 15 mm 20/240 m3 $950 $765 $185 16 mm 25/300 m3 $1,054 $887 $167 25 mm 100/1,200 $2,603 $2,612 ($9) 37 mm 200/2,400 $5,743 $5,159 $584 50 mm 360/4,320 $10,660 $9,160 $1,500 75 mm 1,000/12,000 $27,104 $22,888 $4,216 100 mm 2,200/26,400 $57,265 $48,154 $9,111 150 mm 10,000/120,000 $229,131 $195,323 $33,808 200 mm 13,000/156,000 $308,832 $261,520 $47,312 250 mm 15,000/180,000 $366,264 $308,684 $57,580 April 27, 2009 -12- CPS- 2009 -03, Regional billing will continue to change from volumetric to fixed, and the Regional costs for water purchases and sewer treatment will also escalate. City costs will continue to increase at the rate of inflation, however, some costs such as debt servicing may decrease, The future rates are intended to provide an estimate for ratepayers who desire this information for longer term planning of their water and sewer costs. To take a peak at how the new rate structure compares to the proposed 2009 water and sewer charges using the existing rate structure. The chart shows the winners (paying Tess) and losers (paying more). What really stands out is the large increase in the Multi- residential and condominium complex class. Their billings almost double. 'Why Because this class is now responsible for a larger share of the fixed revenue component. Notice though the reductions in the other classes. Caution This comparison is only a sample, based on average uses for each class of ratepayer and meter size. With four decision points to work through and each decision affecting every ratepayer, the resulting impact cannot be simply illustrated in a chart. You would need to examine hundreds of charts to show the number of possible variations from the quartet of decisions. April 27, 2009 -13- CPS 2009 -03 SUMMARY Now in its third year, the Public Process for reviewing the water and sewer rate structure may be concluding. The participants have expressed their concerns and the Committee has graciously extended the open consultation. Many ideas have been distilled into five recommendations based on the eight principles. The recommendations are now quantified into a rate structure, and appended to this report is a set of new water and sewer rates. To implement the new rate structure, the Committee would make four decisions for the Tong term. But before the Committee can consider implementation, the public process must have regard for the participants. That is why this report recommends: That the proposed Schedule of Fees and Charges for Water and Sewer, based on the new rates structure, and this report be circulated to the Stakeholders and General Public, and That the Committee directs Staff to hold a Public Information Session to explain the new rates structure and to gather Public responses. Recommended by: Recommended by: Ken Burden, Exec; we Director of Corporate Services Ed Dujlovic, Exe tive Director of Community Services N O N d' O r CO O N �d�'00 646969 O O N 0) O O N OD O O CO N O to r N N O T a) E C CC2 >m v O 0 C OY C 0 CC Q CO E CO N- N T 0) I. OtiOOO T T O 64 Ea- 64 CO N. c1 O CO N 0) 0 64 69- 69 CO CO C)((0 r- CO N N. 69 6969- N-N CO 69 69 69 a) N N Cn E E E E E E E E E E E E E E E d EE EE EEEEEE O T (D 4) r CD CO LO N N. 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Q) 0) 0) O CO 0) I- L0 LO CO I� CO N N N N CO I` L0 d 07 0 CO 00 00 f- L() O (O (O (x I- Ln co 4 N L0 T r T •4 O) O LO CO N EA Ef} EA E9 (f EA EH E9 CA- 69- r r a) N E E E E a) MLco f NM6r 0 L O La r r N N 2 City of Niagara Falls Attention: Mr, Ken Burden 4310 Queen Street PO Box 1023 Niagara Falls, ON L2E 6X5 Sent via Electronic Submission to: kbu rde n @n iaga rafa lls.ca Subject: Water Sewer Rate Structure Review Mr. Burden, Yours t For G Lorne Cosgrove, Director of Finance Great Wolf Lodge Ripley's Niagara Water Park Resort LP cosgrove @ripleys.com GREAT WLF L ODGE 4k NIAGARA FALLS. CANADA Voted #1 "Best for Families, Canada" by Trip Advisor FINANCE. DEPT. MAR 0 3 200 Please accept this letter as our expression of interest in being part of the solution and wish to continue to be key player in supporting the changes. The "Hump -Back Rate Design" appears to be the preferred or recommended solution per your report CPS 2009 -01; however, it fails to address the fee structure. This obviously is will have a major impact on any decision that stakeholders will have including Great Wolf Lodge. Our recommendation and request at this point would be to provide all stakeholders with the actual or planned "Mil Rate" for consumption of water, so an informed decision regarding any method be included in that decision making process. 3950 Victoria Avenue, Niagara Falls, ON L2E 7M8 Ph 905.354.4888 Fax 905.354.5588 www.greatwolfca Great Wolf Lodge, Niagara Falls, Canada is owned by Ripley's Niagara Water Park Resort, LP, a Jim Pattlson Group company, through a license from Great Wolf Resorts,Inc. February 27, 2009 Via email Councillor. Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Dear Sirs: RE: CPS- 2009 -01 Water and Sewer Rate Structure Review Niagara Casino Comments Having reviewed Stairs report regarding the framework for a new water and sewer rate structure, and the corresponding recommendations to the Committee that a revised rate structure be adopted by the City, we respectfully submit the following preliminary comments. 1. The report essentially outlines marl concepts for modifying the current water and sewer rate structure, but without setting out the actual rates and thresholds which trigger various contingencies, there is no way to assess the impact of this structure on any user 2. The report outlines a "new business plan which would not differentiate between City and Regional costs. or between fixed and variable costs. The new plan would allocate revenue generation based on the Council's acceptable level of risk.' (Page 3) Ibis would seem coneeining in that it appears that arbitrary decision making is still part of the rate setting process. versus consistent application of a set standard. As a large user. this is concerning; as budget /capital planning becomes quire difficult if the standard is constantly adjusted Subject to being provided with the actual rates and thresholds which trigger various contingencies, we are initially supportive of a hump back volumetric rate structure that "creates a peak charge that encourages conservation for lower consumption ratepayers, and offers large consumption ratepayers a reduced rate to reflect the economy of scale in the provision of water services r,Stio .111 I{i,l :i.t_.ir.t I'•i?I> i1u!.iv; 1. 11,1,11 I 't; Inott ?our limii.Itl,it tti4 it! Questions: 1. Will the rates assessed in the hump -back design differ by classification or are the rates set for all users across all classes? 2. Will meter size still be used as the determining factor in assessing the fixed rate portion of water billing? In order to provide truly meaningful comment on the proposed framework for a new water and sewer rate structure, Niagara Casinos requires further consultation 'with City Staff Trusting the above is satisfactory, 1 remain, Yours truly, Paul A. Pingue Legal Counsel 7 /071 'Ken Water Sewer Rates CPS- 2009 -01 #2.doc rikM yiial�{af £rt *sot a February 28, 2009 City of Niagara Falls Attention: Mr. Ken Burden 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Re: CPS 2009 -01 Water and Sewer Rate Structure Dear Mr. Burden: Thank you for providing the Chamber of Commerce Niagara Falls, Canada with a copy of report CPS 2009 -01 Water and Rate Structure. As you know, the Chamber of Commerce, in cooperation with several partners, engaged BMA Management Consultants to review the Water and Sewer Rate Structure Review developed by R.M. Loudon Ltd. for the City of Niagara Falls. We are again submitting our review developed by BMA Consultants and presented to the City of Niagara Falls, Corporate Services Committee on Monday, November 17, 2008. We are disappointed CPS 2009-01 does not address the concerns and recommendations made in our report. Further, we believe CPS 2009 -01 does not provide sufficient information to determine how to comment at this time. In our view, a public meeting should take place so community stakeholders may attend to learn what is actually being recommended in your report CPS 2009 -01. The Chamber recognizes report CPS 2009 -01 is recommending that the nine recommendations contained in the R.M. Loudon Inc. report not be implemented. We further recognize that staff will now develop recommendations for new water and sewer rates for Council consideration. We request an opportunity to comment on those recommendations prior to Council approval and look forward to your response regarding a public meeting to provide information on CPS 2009 -01 and how it relates to our November 17"' presentation. Sincerely Carolyn A. Bones President C.C. Mayor Ted Salci Members of Council Board of Directors, Chamber of Commerce Page 1' April 27, 2009 F- 2009 -23 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: 1.) BACKGROUND: Niag araails CANADA Re: F- 2009 -23 Project Funding Final Garner Southwest and Grassybrook Sanitary Service Areas That the Council authorize staff to request the Regional Municipality of Niagara issue a debenture on behalf of the City for the unfunded balance from the two capital projects, and 2.) That the City include the debt servicing costs of this debenture in the 2009 Development Charges Study. The two mentioned capital works projects require final funding to close out the projects. Council provided direction to staff to utilize internal sources of financing to complete the projects. As the projects are at a stage that requires final funding, staff recommends the Council authorize a debenture for the unfunded balance. The balance required will be determined at project completion and is estimated at approximately $12,500,000. The requirement to seek long term financing of this nature is due to the fact that interim financing cannot be maintained for the period of time: required to collect the funds necessary to close the projects. The internal source of funding utilized to undertake the project are required for the purposes that the reserves were originally established. The 2009 Development Charges Study has been developed on the basis that future development charge rates will be collected to offset the expenditures made on these projects. As a result, the debt s costs will be made from the collection of these fees. ueenStreet P:0 Box 1023�Ntagara Falls ON, Canada L2E 6X5 905 356 7521 www.niagarafalls.ca' Working Together to Serve Our Community Corporate Services Departmen Finance April 27, 2009 2 F- 2009 -23 Staff recommend that the use of external debentures funded by future development charges revenues be undertaken. The continual use of internal sources of cash is not viable in the long term as the City will require these funds in the future. Since the revenue stream from development charges matches directly with the debenture costs, this action results in the most effective strategy. Attached is report CPS 2008 -06 which provides background on these projects. Recommended by: Approved by: c r Todd Harriso Directo of Financial Services Ken Burden, Executive Director of Corporate Services Jun$ 9, 2008 Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: CPS- 2008 -06 Garner Southwest and Grassy Brook Sanitary Service Areas 4310 Queen 5tieet; P.O. Box 1023, Niagara Falls, ON Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca RECOMMENDATION: That the interim funding of the Garner Southwest and Grassy Brook Sanitary Service Areas projects continue from reserve funds until development charge revenues have been received for these projects. BACKGROUND: Niag araJ CANADA Questions Raised by Council on April 28, 2008 Under new business, at the April 28, 2008 Council meeting, questions were raised by Councillors regarding the two development projects located in the Garner south area. The questions focused on staffs use of interim funding, development charge funding and the possible use of debenture funding for the projects. Council directed staff to bring back a report on the facts of the financing of the Garner Southwest and Grassy Brook Sanitary Service Areas projects. History of Reports to Council Staff has prepared a chart of the reports relating to the Garner Southwest and Grassy Brook Sanitary Service Areas projects (attached). These reports show the date, report number, title, recommendation, contract amount and cumulative total for each project. All of the reports state that the funding for the projects would be received through Development Charges. Working Together to Serve Our Community CPS 2008 -06 THIS MATTER DEFERRED BY COUNCIL Corporate Services Departanent June 9, 2008 2 CPS 2008 -06 Explanation of Process for Interim Funding of Capital Projects The decision making authority of the Treasurer for the payment of accounts is found in the Municipal Act under Section 286. This section explains the main duties of the Treasurer. The Treasurer manages the cash flow of the municipality and makes the best possible use of the available sources of cash for the payment of accounts, including capital projects. The Treasurer has the responsibility to report to Council on the financial payments of the Municipality. In addition, the Treasurer provides annual reports on Capital Projects, Reserve Funds, Financial Leases, and Long Term Debentures. Fora general description of the City's cash flows, please see the diagram (attached) entitled Cash Flow. This diagram shows the inflows of cash, the availability 'of cash in the City's bank account or from short term borrowing, and the out flows of cash. It is important to note that the use of short term borrowing only occurs, as needed. Each year the Treasurer brings forward the annual Borrowing By -law. This By -law provides for a source of short term borrowing, from the City's financial institution, if there were insufficient cash for operating expenditures, i.e., if the budget has not been approved or taxes have not been received. The Borrowing By -law authority is found in Section 407 of the Municipal Act. Section 405 of the Municipal Act allows the municipality to borrow in the short term for specific Capital Works. Capital Works, referred to in this section, are large capital projects, whose required funding will be in the form of long term debt. This section requires Regional approval of the required long term debt before approving an S.405 Short Term Borrowing By -law. For example, the Region has approved the $29.5 million in Tong term debenture funding for the Bob Gale Complex. This project has already expended $4.8 million which the Treasurer has paid by using internal sources of cash. The Treasurer has presented an S.405 Short Term Borrowing By -law for specific capital works, namely the construction of the four -pad arena complex. The By -law will provide sufficient short term borrowing, from the City's financial institution, for this specific capital project. Legality of the interim Borrowing By -law Council directed staff to prepare a report on the legality of the Interim Borrowing By -law and that the Ministry of Municipal Affairs and Housing be contacted. The City Solicitor is preparing this report (L- 2008 -15). Explanation of the Protects inclusion in the 2004 Development Charges Background Study The Development Charges Background Study was prepared in 2003/2004. At that time, the Manager of Development was asked to prepare a list of development projects that may be constructed within the subsequent 2004 -2014 ten -year planning period to accommodate growth. Considerable interest had been received from the Grand Niagara Resort developers in the Grassy Brook west area. There was a desire to extend sewers to facilitate their project which included the golf course, hotel and conference centre, timescale and condominium units. The extension of sewers would require a pumping station and other June 9, 2008 Funding Plan for the Projects 3 CPS 2008 -06 related infrastructure. Relying on knowledge of the Northwest Sanitary Sewer Service Area, the cost was estimated at $1.5 million for each of the Garner Southwest and Grassy Brook service areas, for a total of $3 million. We now know these costs have escalated to $15.9 million. When the 2004 Development Charges Study estimates were determined, it was based on the best information available at the time about the Garner South Service Area. The City contracted Philip's Engineering Ltd., in August 2004, to complete a Municipal Class Environmental Assessment and to determine how best to service this area. The consultant advised that the deep sewer construction in tight clay soils would add significant costs. Other issues that were not known previously included impacts from a high water table, having to directionally drill across a water course and the Welland River, and that the Region had implemented a new design criteria for pumping stations. The consultants work (Associated Engineering (Ont.) Ltd. Garner Southwest; Philips Engineering Limited Grassy Brook) addressed significant issues due to the expansion of the sewer services. the Ministry of the Environment's order to Grand Niagara Resort permitting a temporary holding tank, the substandard private sewage system at E.S. Fox, the expansion of Minacs that was limited by the Regional Health Unit the unavailable services for the Montrose Business Park, and a holding zone to be placed on the Heartland Forest Project. The reports for the Garner Southwest and Grassy Brook Sanitary Service Areas projects state that the funding would come from Development Charges. These projects have already expended $11.2 million which the Treasurer has paid by using the City's reserve funds, as an interim source of funds. Also, the Treasurer is using Development Charge revenues to payback the interim use of the reserve funds. To -date, $1.1 million has been paid back. No debenturing has been used for these projects. Staff did not become aware of the fact that the Development Charges fund would be insufficient to fund all Development Charge eligible projects upon completion, until the Fall of 2007. At that time, debenturing was considered, as an option, and referenced in the Capital Budget detail sheets for the most expensive projects, as opposed to a number of smaller projects. Explanation for including the Garner Southwest and Grassy Brook Sanitary Service Areas Projects in the 2009 Development Charges Background Study Staff has started the process of gathering the information for the 2009 Development Charges Background Study. Since the two sanitary sewer projects were near completion, and since the areas would be developed in the future, staff requested Cam Watson, Watson and Associates Economists Ltd., to comment on the inclusion of these two projects in the 2009 Background Study. Mr. Watson confirmed that these projects would qualify for inclusion in the 2009 Development Charges Background Study. Mr. Watson stated that the projects would open those areas to future development and thus qualify in determining future Development Charge rates. The future Development Charge rates would also include any interim financing costs while the Development Charge revenues are collected to fund the projects. June 9, 2008 -4 CPS 2008 -06 Mr. Watson stressed the importance of explaining the large cost variance between the estimated project cost ($3 million) and the current cost ($15.9 million). The explanation must address the reasons for the increase, particularly in terms of the size, scope, and the benefitting area. Conclusion The Garner Southwest and Grassy Brook Sanitary Service Areas projects were included in the 2004 Development Charges Background Study at an estimated cost of $3 million. Due to significant issues that impacted the servicing of the areas, the actual cost is $15.9 million. The projects are eligible for inclusion in the 2009 Development Charges Background Study. Future Development Charges revenues will be used to pay for these projects. Staff is already reviewing a number of administrative issues based on the concerns raised, including cash flow /management plans for each capital project, a front -end agreement policy and a development charge credit policy. Council also directed the preparation of an inventory of developed and serviced land which is forthcoming. Finally, the Treasurer is responsible for the payment of accounts, managing the cash flows, and the short term use of borrowing. The Treasurer has undertaken these responsibilities in accordance with applicable legislation and past practices. Staff recommends that the interim funding of the Garner Southwest and Grassy Brook Sanitary Service Areas projects continue from Reserve Funds until Development Charge revenues have been received for these projects. The status of completion is as follows: Grassy Brook Project is fully operational and was commissioned on May 14, 2008. Garner South Project (Brown Road) is nearing the completion of the wet well and yard piping and is awaiting installation of pumps, electronics and mechanical system. Commission is expected in July /August 2008. Recommended by: Respectfully submitted: en, Executive Director of Corporate Services Ken Bu MacDonald, Chief Administrative Officer Date to Council Report Amount Description Funding Source October 18, 2004 MW -2004 -156 $59,960.00 Hiring Associated Engineering to complete Environmental Assessment Development Charges Reserve Fund December 5, 2005 MW- 2005 -145 $0 Environmental Assessment Approval Development Charges Reserve Fund October 16, 2006 MW- 2006 -119 $273,192.00 Consulting Service Agreement with Associated Engineering Development Charges Reserve Fund July 23, 2007 MW- 2007 -85 $35,490.00 Increase to Consulting Service Agreement with Associated Engineering 95% Development Charges 5% Garner SW Sanitary Sewer Area Account October 15, 2007 MW- 2007 -123 $2,699,690.02 Gibbons Contracting Ltd. Hired Gravity Sewers and Watermains 95% Development Charges, 5% Capital November 26, 2007 MW- 2007 -129 $254,256.00 Associated Engineering engaged to provide inspection services for the construction. 95% Development Charges, 5% Capital November 26, 2007 MW -2007 -130 $3,679,742.39 Gibbons Contracting Ltd. Hired Pumping Station and Forcemain 95% Development Charges, 5% Capital TOTAL $7,002,330.41 Garner Southwest Sanitary Service Area Chronology of Reports to Council CPS 2008 -06 Date to Council Report Amount Description Funding Source August 16, 2004 MW- 2004 -123 $57,093.00 Environmental Assessment engaging Philip's Engineering Ltd. Development Charges Reserve Fund. August 5, 2005 MW- 2005 -104 $0 Environmental Assessment Approval. Development Charges Reserve Fund. February 6, 2006 MW- 2006 -11 $262,543.00 Consulting Services Agreement Philip's Engineering Ltd. to prepare detailed engineering design. Development Charges Reserve Fund. April 3, 2006 MW- 2006 -38 $1,950,000.00 Amendment to Consulting Services Agreement with Philip's Engineering Ltd. to include geotechnical services. Development Charges Reserve Fund. October 30, 2006 MW- 2006 -133 $195,000.00 Philip's Engineering Ltd. Hired Inspection services for Watermain Sanitary Sewer Construction. Development Charges Reserve Fund. December 11, 2006 MW- 2006 -142 $146,140.00 Earth Tech Hired to provide inspection services for the Pumping Station and Forcemain Project. Development Charges Reserve Fund. January 22, 2007 MW- 2007 -04 $884,610.00 Baiocco Construction for construction of Sanitary Sewer. 95% Development Charges, 5% Capital January 22, 2007 MW 2007 05 $2,054,442.50 V. Gibbons Contracting Ltd. for construction of Pump Station and Forcemain. 95% Development Charges, 5% Capital February 5, 2007 MW- 2007 -06 83,284,480.00 Baiocco Construction for construction of Sanitary Sewer. 66.5% Development Charges, 33.5% Capital April 16, 2007 MW- 2007 -35 $30,000.00 Consulting Fee Amendment Philip's Engineering Ltd., to include design of services not anticipated at design stage. Development Charges Reserve Fund. TOTAL $8,864,308.50 Grassy Brook Sanitary Service Area Chronology of Reports to Council CPS 2008 -06 INFLOWS OF CASH 1. Taxes 2. User Fees 3. Grants 4. Debentures 5. Development Charges 6. Billings CASH FLOW Bank Account Short Term Borrowing -a CPS 2008 -06 OUTFLOWS OF CASH 1. Payments to Vendors 2. Payments to Authorities 3. Payroll 4. Refunds, Rebates 5. Debt Treasurer 286. (1) A municipality shall appoint a treasurer who is responsible for handling all of the financial affairs of the municipality on behalf of and in the manner directed by the council of the municipality, including, (a) collecting money payable to the municipality and issuing receipts for those payments; (b) depositing all money received on behalf of the municipality in a financial institution designated by the municipality; (c) paying all debts of the municipality and other expenditures authorized by the municipality; (d) maintaining accurate records and accounts of the financial affairs of the municipality; (e) providing the council with such information with respect to the financial affairs of the municipality as it requires or requests; (f) ensuring investments of the municipality are made in compliance with the regulations made under section 418. 2001, c. 25, s. 286 (1). Deputy treasurers al The municipality may appoint deputy treasurers who shall have all the powers and duties of the treasurer under this and any other Act. 2001, c. 25, s. 286 (2). Not required to be an employee A treasurer or deputy treasurer is not required to be an employee of the municipality. 2001, c. 25, s. 286 (3). Liability limited al The treasurer or deputy treasurer is not liable for money paid in accordance with the directions of the council of the municipality unless the disposition of the money is expressly provided for under any Act. 2001, c. 25, s. 286 (4). Delegation The municipality may delegate to any person all or any of the powers and duties of the treasurer under this or any other Act with respect to the collection of taxes. 2002, c. 17, Sched. A, s. 47. Continuation despite delegation Le The treasurer may continue to exercise the delegated powers and duties, despite the delegation. 2002, c. 17, Sched. A, s. 47 Temporary borrowing for works 405. (1) A municipality may authorize temporary borrowing to meet expenditures made in connection with a work to be financed in whole or in part by the issue of debentures if, (a) the municipality is an upper -tier municipality, a lower -tier municipality in a county or a single -tier municipality and it has approved the issue of debentures for the work; (b) the municipality is a lower -tier municipality in a regional municipality and it has approved the work and the upper -tier municipality has approved the issue of debentures for the work; or (c) the municipality has approved the issue of debentures for another municipality or a school board under section 404. 2001, c. 25, s. 405 (1). Use of proceeds ai The proceeds obtained under subsection (1) shall be applied to the approved work but the lender is not responsible for ensuring the proceeds are used in this manner. 2001, c. 25, s. 405 Security .(3l For the purposes of this section, a municipality that has approved the issue of debentures but not sold them may authorize another municipality or school board to use the debentures as security for temporary borrowing. 2001, c. 25, s. 405 (3). April 27, 2009 F- 2009 -25 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2009 -25 Development Charges 2008 Financial Information RECOMMENDATION: Niag araj CANADA That Council receive and file the attached financial statements regarding Development Charges for the 2008 fiscal year. BACKGROUND: It is a requirement of the Development Charges Act to file with Council a statement disclosing the receipt and application of all development charges collected under the authority of Part II of the Development Charges Act, 1997. The required content for this financial reporting is as follows: Balance as of January 1 The development charges reserve fund balances as reported on the audited financial statements for the preceding year. Development Charges Received or Receivable These development charges are to be allocated to the specific service to which they are to be applied. Development Charges Refunded The total of all refunds of development charges, including the interest on the refund calculated on the basis of the provisions of section 13 of Ontario Regulation 725/89. The total refunded amount is to be credited to the specific service to which the original charges tdb applied. Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance April 27, 2009 Accrued Interest The total interest earned on all reserve fund investments will be shown, as well as the apportionment of such interest earnings among the various services. Transfers to Capital Fund The total of all amounts transferred to the capital fund including all interest earned on such funds as at the date the amounts are transferred. The total of the amounts transferred are to be credited to the specific service to which the original charges had been applied. Amounts Allocated to Other Services Indicate the amounts which Council has determined are to be transferred from the service originally allocated to another service. Balance at Year's End The development charge reserve fund balance or balances as reported on the audited financial statements of the current year. A summary of the financial statement follows: 2 F- 2009 -25 Balance as at January 1, 2008 $11,955,424 Received Development Charges 2,931,001 Refunded Development Charges (2,389) Interest Earned 661,515 Transfer to Capital Projects (4,450,293) Transfer to Operating (43,500) Balance as at December 31, 2008 $11,051,758 As required by the development charges legislation, capital projects that receive funding from development charges are required to report the other sources of funding. A summary of the sources for this total funding is as follows: New Development Charges By -law $4,897,418 Ontario Grant 1,605,759 Operating Revenue Fund 617,753 Reserve Fund 340,375 Capital Liability Accounts 4,238,332 Debenture 0 Outside Billings 550,000 Special Purpose Reserves 39,420 Total Funding $12,289,057 History of Deve opment Charge Reserve Funds Development Charge Revenue Disbursements Interest Earned Year End Balance 2003 $17,781,639 2004 $1,602,164 (5,689,407) $557,811 $14,252,207 2005 $2,523,939 (658,577) $486,469 $16,604,038 2006 $1,334,196 (587,869) $534,030 $17,884,395 2007 $1,776,969 (8,381,671) $675,731 $11,955,424 2008 $2,931,001 (4,496,182) $661,515 $11,051,758 April 27, 2009 3 Historical Trend of Development Charges F- 2009 -25 The amount in the reserve funds at a point in time is a product of amounts collected, amounts used to fund capital projects and interest earned in the reserves. Ultimately, the purpose of development charges is to collect adequate amounts that can be used to fund growth related projects. The chart below summarizes the historical year end balances. As this shows, development charges received in 2008 were greater than the previous year while amounts used for funding in 2008 was the third highest of the last eight years. Interest income was slightly less than the previous year. It is important to recall that while development charges reserves in aggregate totaled $11,051,758 as at December 31, 2008, individual reserves are held for specific expenditures, such as fire, roads, water, sewer, etc. in the future. The year end balance of $11,051,758 can be broken down as shown in the attached Development Charges Financial Statement. The attached summary illustrates the available amounts for each service area. It should be noted that these reserves are designated to be used in the areas that these pertain to and have been collected based on the current Development Charges Study. During 2009, Council will be required to develop a new Development Charges By -law. The carry forward balances will be accounted for in this study and will impact the new development charge rates. Staff has developed a five year continuity schedule as part of the 2009 capital budget process. The continuity schedule is a financial planning tool which identifies the use of development charge reserves for funding identified projects annually. Likewise, the continuity schedule identifies estimated annual in flows of development charges collected. This schedule ensures that staff is aware of immediate (current year) and long term (2 -5 years) impacts of collections /disbursements of development charge funds. Recommended by: Approved by: Todd Harrisdn. Direc r of Financial Services Ken Burden, Executive Director of Corporate Services co O V O '7) (O M U 00 a> (C) 00 N N N O M M O of O O O O o 0 0 osi 000 0) N. CO CO 0 0 O O o0 0 0 0 CO 0 CO O T CO C L )O 0)MN O r) N- r E co LO O. <0 0 al CO O m_)) ch I0 vi (J) vi O d Ws D N LL vi 0 U W W o m a) W 'Z a m y w 4 Ili o c r O c a O y a W 0 0 I- =O N w 0 0 w c a 0 a. d o c wcn z CD 0 0 0 0 0 000 cot'-o. =v 0) m r- O c0 0) -al co V<O N. O OM CO O O 0') 0) 10 N. ...r cV 0) N 0 0) CO O (O N� n CO CO N (V r 0) 0) NNONcOCO N- t` O v CO V' v N 0) v c- CO 01 (t7 0) 0) N N+ U) 0) N. 0) N 0) (00) 0 0) 0)10 V N. N r r N` n (.0 (0 N- NNM0) V' N CO c r 0 (n Cr) 0 M 0)(OCO 0) V' V" 0 CO CO U a) c c I-- 3 (O 0) O N N" V' CO M co Nr O 0 Tr(or N N(�'- M N- 0) N N V o 0 0 0 0 0 0 0 0 O CO CO CO co N CO a 0') r r co_ 0) 0) T M r r M O 0) CO0 1 0 N OOO(.0r. r M h N N CO O (C) c6 (.6 0) 0 N 0, 0) (0 0) c a) E 0) c c O `mz W a) 0 w L. N w c5 Z co i m cc 0 O N N O 0) N O 0) m O 0) O O l0 1 L1 7 0) O (v i 0 CO M N 0) co r V' o co (o 00 r O O O O N V' T (D U) r N(10NNo 'd 0 r co O O O O 0 00 00 O N O (C) r co 0) 0) 0) N- N O V' N V 1-- co co 0 0 0 0 0 CO CO O V' V 10 CO CV (')a70 V'h r (0 00 00 (r 0 0) (0 (r) a) w E to) c D uwj a) 2 a 0 (u o H m o co 0 0 O N M 0) 0) co 0) O O M 0) (V co (76 O o c 0) N 0) Nn CO CO 0) N April 27, 2009 F- 2009 -26 Falls SF CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2009 -26 Year End Community Improvement Plan (C.I.P.) Reserve Balances RECOMMENDATION: To receive for information. BACKGROUND: The City of Niagara Falls established the incentive programs for stimulating reinvestment in specific geographic areas within the City. Two programs, the Downtown C.I.P. and the Historical Drummondville C.I.P. are for a specific area while the City -wide Brownfield program encompasses all properties within the entire urban boundaries. Over the past four years, the full amount budgeted has not been spent and special purpose reserves for each C.I.P. have been identified. Council requested that staff report on the reserve balances at the year end. The balances in reserves at December 31, 2008 are: Historic Drummondville 305,711 Downtown 946,190 City Wide 482,600 The balances have been set aside for specific purposes as the attached charts indicate. Recommended by: Approved by: Todd Harrison, Director 6f Financial Services Is, ON, Canada L2E 6X5 905- 356 -7521 www.'niagarafalls.ca 'rden, Executive Director of Corporate Services Working Together to Serve Our Community Corporate Services Department Finance Downtown CIP SPR 229 Continuity Schedule As at December 31, 2008 (overspent) Unspent Year Amount Unallocated Facade interest Land Acq 2003 $23,000 $23,000 $0 $0 $0 2004 $12,000 $12,000 $0 $0 $0 2005 $98,500 $13,500 $60,000 $25,000 $0 2006 $346,665 $0 $60,000 $190,000 $96,665 2007 $416,800 $0 $60,000 $190,000 $166,800 2008 ($170,775) note ($170,775) 2008 $220,000 IQ U $20,000 $200,000 SPR TOTALS $946,190 $48,500 $180,000 $254,225 $463,465 note amount used to fund downtown event costs in 2008 Historical Drummondville CIP SPR 254 Continuity Schedule As at December 31, 2008 (overspent) Unspent Year Amount Unallocated Incentives LLBF Land Acq 2005 $36,200 $36,200 $0 $0 $0 2006 ($22,489) ($22,489) $0 $0 $0 2007 $215,000 $0 $55,000 $10,000 $150,000 2008 $77,000 12 $77,000 SPR TOTALS $305,711 $13,711 $55,000 $10,000 $227,000 City Wide CIP SPR 253 Continuity Schedule As at December 31, 2008 (overspent) Unspent Year Amount consulting Incentives marketing Land Acq 2004 $0 $0 $0 $0 2005 $26,400 $26,400 $0 $0 $0 2006 $141,500 $0 $141,500 $0 $0 2007 $182,700 $50,000 $0 $0 $132,700 2008 $132,000 El IQ $32,000 $100,000 SPR TOTALS $482,600 $76,400 $141,500 $32,000 $232,700 April 27, 2009 MW- 2009 -29 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagaraaalls C A N A D A Re: MW- 2009 -29 Contract 2009 204 -08 McLeod Road Watermain Replacement (Phase 1) from Drummond Road to Ailanthus Avenue 1 That the unit prices submitted by the lowest tenderer Provincial Construction be accepted for the above noted contract; 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: The existing watermain on the above noted street was added in 2006 to the Operational Works List for the City's ongoing Watermain Replacement program. The watermain replacement work on McLeod Road will be constructed in either 2 or 3 phases, with the limits as follows: Phase 1 from Drummond Road to Ailanthus Avenue Phase 2 from Dell Avenue to the Ontario Power Generation (OPG) Canal Phase 3 from the OPG Canal to Oakwood Avenue The current contract is for the construction of Phase 1 only. The other phases are likely to proceed to construction later this year. The existing watermain is older Cast Iron pipe, but has been primarily identified for replacement due to the frequent history of watermain breaks. Due to the amount of traffic on McLeod Road and the fact that the existing watermain is predominantly located along the centreline of the road, any repairs become a costly and highly disruptive exercise. The Tender Opening Committee, in the presence of the City's Clerk, Mr. Dean lorfida, opened tenders on Tuesday _ill '21st, 2009 at 1:30 p.m. for the above noted contract. Queen Street PO °Box'1023 NiagaraiFalls ,ON Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community ommunity Services Department Municipal Works April 27, 2009 2 MW- 2009 -29 Tender documents were picked up by thirteen (13) Contractors and ten (10) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. The tenders were checked and the corrected bids are shown bold and marked with an asterisk 1. Provincial Construction 2. Demar Construction 3. Nexterra Substructures 4. Alfred Beam Excavating 5. Cotton Inc. 6. Vic Vatrt Contracting 7. Alfidome Construction 8. Centennial Construction 9. Condotta Construction 10. Peter's Excavating Niagara Falls Niagara Falls Niagara Falls Fort Erie Niagara Falls Welland Niagara Falls Niagara -on- the -Lake Thorold Fort Erie 438,738.20 438,804.80* 443,325.82 443,322.04* 443,709.00 447,364.00 470,536.50 481,498.50 480,498.50* 494,116.00 498,920.00 541,297.61 541,297.62* 564,404.00 The lowest tender was received from Provincial Construction in the amount of 438,804.80. This contractor has performed similar type projects for the City. We are of the opinion, that this contractor is capable of successfully undertaking this project. The engineer's estimate for this contract was 580,000.00. Analysis of the number and the content of the bids received indicates fairly strong competition at this time for capital projects of this type and size. Timing of tenders for construction, when the planned schedule permits, can play an important role in how competitive the market will be, based on prospective bidders' work loads. Project Costs: Awarded Contract (excluding GST) 438,804.80 Funding: The funding for this project was previously approved as part of the 2008 Capital Budget. The design and approvals were completed in August of 2008, but resource issues prevented construction from starting last fall. Mcleod Road Watermain Replacement W20 (Account No. 12 -3- 430020 030000) 438,804.80 This project is scheduled to commence construction in mid -May of 2009 and all work is to carry through up to the scheduled 60 working days. April 27, 2009 Recommended by: Approved by: 3 Geoff Holman, Director of Municipal Works Ed Dujlovic, Exa'itive i' ector of Community Services K. Schachowskoj S: \REPORTS \2009 \MW 2009 -29 Contract 2009 204 -08 McLeod Road Watermain Replacement Ph 1 .wpd MW-2009-29 April 27, 2009 MW- 2009 -32 N iag r Falls CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -32 Contract 2009- 166 -06 Sinnicks Avenue, St. Mary's Street Orlando Drive Road Reconstruction Underground Services RECOMMENDATION: 1. That the unit prices submitted by V. Gibbons Contracting Ltd. be accepted. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: The Tender Opening Committee, in the presence of the City Clerk's representative Mr. Ray Miller, opened tenders on Thursday, April 16, 2009 at 1:30 p.m. for the above noted contract. Tender documents were picked up by 14 Contractors and 9 bids were received. Listed below is a summary of the totaled tendered prices (corrected), excluding GST, received from the Contractor. 1. V. Gibbons Contracting 2. Nexterra Substructures Inc. 3. Provincial Construction Ltd. 4. Trenchline Roads Inc. 5. Alfred Beam Excavating Ltd. 6. Centennial Infrastructure Inc. 7. Peter's Excavating Inc. 8. Alfidome Construction Ltd. 9. Demar Construction Stevensville Niagara Falls Niagara Falls Jordan Station Fort Erie Niagara -on- the -Lake Stevensville Niagara Falls Niagara Falls The lowest tender was received from V. Gibbons Contracting in the amount of $1,043,120.85. This contractor hats previously performed similar type projects for the City. We are of the opinion that -contractor is capable of successfully undertaking this project. Queen street iagara'jalls l0N Canada L2E 6X5 :905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community $1,043,120.85 $1,058,987.60 $1,088,550.63 $1,121,468.00 $1,141,396.10 $1,190,357.70 $1,190,570.00 $1,252,238.00 $1,353,433.82 Community Services Department Municipal Works April 27, 2009 2 MW- 2009 -32 The engineer's estimate for this contract was $1,452,300.00 Project Costs: Awarded Contract (excluding GST) Funding: $1,043,120.85 Total $1,043,120.85 The funding for this project was approved as part of the 2008 Municipality Utility Budgets and is available for use. 2008 Sanitary Sewer Services (Account No. 12 -3- 410016 030000) 870,380.04 2008 Water (Account No. 12 -3- 430015 030000) 172,740.81 Approved by: Recommended by: (du C. McLeod S: \REPORTS \2009 \MW 2009 -32 Contract 2009 166 -06 Sinnicks.wpd Total $1,043,120.85 This project is scheduled to commence construction on May 25, 2009 and all work is to carry through until October 1, 2009. Geoff Holman, Director of Municipal Works Ed Dujlovic, Executive Director of Community Services •April 27, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -34 2009 Asphalt Patching Contract City Wide Contract #2009 -04 RECOMMENDATION: NiagaraJalls MW- 2009 -34 1. That the unit prices submitted by the lowest tenderer, Circle P. Paving, be accepted, and; 2. that the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: The Tender Opening Committee, in the presence of the Manager of Supply and Services, Mr. Ray Miiller opened tenders on Tuesday, April 14, 2009 at 1:45 p.m. for the above noted contract. Tender documents were picked up by four (4) contractors and four (4) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the contractors. 1. Circle P. Paving 2. Economy Paving 3. Rankin Construction Inc. 4. Norjohn Contracting Paving Stevensville Niagara Falls St. Catharines Niagara Falls 476,545.00 510,000.00 603,515.00 675,311.60 The lowest tender was received from Circle P. Paving in the amount of $476,545.00. This contractor has previously performed similar type projects for the City. We are of the opinion, that this contractocapable of successfully undertaking this project. Falls ON, Canada..L2E 6X5 '905 -356 =7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works April 27, 2009 The engineer's estimate for this contract was 588,000.00 Project Costs: Awarded Contract (excluding GST) Funding: 2 MW- 2009 -34 476,545.00 Total 476,545.00 The funding for this project is budgeted in the General Purposes and Municipal Utility Budgets. As the budgets are not approved as of yet, the award of this contract requires Council to preapprove spending from these budgets. The specific funding from each budget is shown below. 2009 Paved Surface Asphalt Patching (Account No. 11 -3- 311000 040000) 224,731.00 System Maintenance Waterworks (Account No. 15 -3- 431000 040000) 159,082.00 System Maintenance Sanitary Sewer (Account No. 16 -3- 411000 040000) 92,732.00 Recommended by: Approved by: Total 476,545.00 This project is scheduled to commence May 11, 2009 and all work is to carry through the 2009 season. Patching will be completed up to the budget amount utilizing the unit cost in the contract. Geoff Holrlan, Director of Municipal Works Ed Dujlovic, Executive Director of Community Service C. Anders S: \REPORTS \2009 \MW 2009 -34 Contract 2009 -04 2009 Asphalt Patching Contract.wpd April 27, 2009 MW- 2009 -22 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: y, NiagairaJalls C A N A D A Re: MW- 2009 -22 Contract #2009 197 -07 Fourth Avenue Services Extension and Road Reconstruction Bridge Street to 430 m North of Hamilton Street 1) That the unit prices submitted by the lowest tenderer be accepted, 2) that preapproval be granted for the contract amount from the 2009 Capital Budget, and 3) that the Mayor and City Clerk be authorized to execute the necessary agreement. The Tender Opening Committee, in the presence of the Manager of Supplies and Service, Mr. Ray Miller, opened tenders on Tuesday, April 14, 2009 at 1:30 p.m. for the above noted contract. Tender documents were picked up by fourteen (14) Contractors and eight (8) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors: 1. Provincial Construction 2. Gibbons Contracting 3. Trenchline Roads 4. Demar Construction 5. Nexterra Substructures Inc. 6. Centennial Construction 7. Alfred Beam Excavating 8. Alifidome Construction Limited Niagara Falls Stevensville Jordan Station Niagara Falls Niagara Falls Niagara -on- the -Lake Fort Erie Niagara Falls The lowest tender was r e a .e from Provincial Construction in the amoun 905 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community $786,462.83 $798,208.35 $893,705.00 $902,488.74 $903,911.00 $908,272.50 $925,481.50 $953,533.50 Community Services Department Municipal Works April 27, 2009 2 MW- 2009 -22 This contractor has performed similar type projects for the City. We are of the opinion that this contractor is capable of successfully undertaking this project. The engineer's estimate for this contract was $963,325. Project Costs: Awarded Contract (excluding GST) $786,462.83 Total $786,462.83 Funding: The funding for this project was approved in 2008, report R- 2008 -29, attached, indicating that the cost to construct the site services for Fourth Avenue would be funded by the arena construction project and the watermain related costs to be funded from the Watermain Replacement Program. 2009 Fourth Avenue -Four Pad Arena Development 156,024.29 2008 Four Pad Arena Complex 630,438.54 RF9 -12 -3- 730009 030000 Total 786,462.83 Fourth Avenue Road Reconstruction has been included in the 2009 Development Charges Study which is expected to receive Council approval by July 2009 with the following development charges contributions: Roads 77.9% Sidewalks 57.0% Storm System 57.0% Sanitary System 12.0% Watermain 12.0% This project is scheduled to commence construction May 19, 2009 and the contractor has been allotted 90 working days to complete the servicing. Recommended by: Approved by: Geoff El man, Direct r of Municipal Works Ed Dujlovic, Execu 've Director of Community Services R.Volpini S \REPORTS\2009 \MW- 2009 -22 Fourth Avenue Services Ext.wpd Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Mayor Ted Salci Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Infrastructure Stimulus Funding NiagarvaFalls C A N A 1 A DATE: April 27, 2009 As Council is aware the Federal and Provincial governments have announced two stimulus programs to jump start the economy: the Infrastructure Stimulus Fund (ISF) and the second intake of the Building Canada Fund (BCF). The submission deadline is an aggressive May 1, 2009; therefore, Council has to make a decision this evening on the four (4) projects they wish to submit for consideration. As per the application parameters, three projects will be forwarded to the ISF and one project toward the BCF. Staff will determine which of the projects to submit to which funding program. Obviously, with a constrained time frame, staff was limited in the amount of analysis it could undertake in preparation for tonight's meeting. Nonetheless, we have provided a chart for your consideration, the projected costs, the impact on City funding and whether the project is achievable within two (2) years, which is a requirement for program funding. As a starting point, staff looked at the unfunded projects in the Capital Budget (i.e., tab 8). Theoretically, all projects within the tab could be considered but staff eliminated projects that already had major Development Charges funding. Some additional projects were added to the chart but by no means is the chart an exhaustive listing. At Council's May 4 meeting, formal resolutions will be brought forward based on Council's preferred four projects (Note: resolutions can be submitted after the May 1s deadline). Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Canada INFRASTRUCTURE STIMULUS FUND IN ONTARIO NOTICE TO MAYORS AND HEADS OF COUNCIL April 20, 2009 With the province -wide launch on April 14 of the Infrastructure Stimulus Fund, the Governments of Canada and Ontario have made some adjustments to the on -line application guide. Municipalities preparing to apply to the Fund should consult the revised guide before the May 1, 2009 deadline for project applications. The guide is at www.bcfontario.ca For further information, please contact: Canada- Ontario Infrastructure Secretariat 1 Stone Road West, 4th Floor NW Guelph, Ontario N1G 4Y2 Phone: 1- 866 306 -7827 Fax: 519- 826 -4336 Email: BCF.CC@ontario.ca Website: www.bcfontario.ca Ontario FONDS DE STIMULATION DE L'INFRASTRUCTURE EN ONTARIO AVIS AUX MAIRES ET ADMINISTRATEURS PRINCIPAUX Le 20 avril 2009 Suite au lancement provincial du Fonds de stimulation de l'infrastructure, le 14 avril dernier, les gouvernements du Canada et de 1'Ontario ont apporte des modifications au guide de presentation des demandes, qui est disponible sur Internet. Les municipalites qui se preparent a soumettre une demande de financement en vertu du Fonds devraient consulter la nouvelle version du guide avant le ler mai prochain, date limite pour presenter une demande de financement de projet. Le guide est disponible a l'adresse suivante www.bcfontario.ca Pour obtenir davantage de renseignements, veuillez vous adresser au Secretariat de 1'Infrastructure Canada Ontario 1, Stone Road West, 4e etage N. -O. Guelph (Ontario) N1G 4Y2 Telephone 1- 866 306 -7827 Telecopieur 519 826 -4336 Courriel BCF.CC@ontario.ca Site Web: www.bcfontario.ca A Mstxiallr,ti of r MEMBER COMMUNICATION To the attention of the Clerk and Council April 15, 2009 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971 -9856 I Fax: (416) 971 -6191 E -mail: amo @amo.on.ca ALERT N 09/023 FOR MORE INFORMATION CONTACT: Craig Reid Senior Policy Advisor (416) 971 -9856 ext 334 Component and Application Process for Infrastructure Stimulus Fund Applications are due May 1, 2009 Issue: Canada and Ontario Launch Intake 2 of BCF Communities Federal and Provincial Ministers responsible for Infrastructure sent out joint letters today to heads of council announcing the opening of intake 2 of the Communities Component of the Building Canada Fund (BCF) and launched the application process for the Infrastructure Stimulus Fund. The deadline for applying for both programs is May 1, 2009. Background: AMO has been advised that the application process for the Infrastructure Stimulus Fund is very simple and that the application process for Intake 2 of the BCF Communities Component has been further streamlined. Municipalities can apply for up to 3 projects under the Infrastructure Stimulus Fund. Municipalities with populations under 100,000 can apply for the BCF Communities Component. Note that for both programs, projects must be completed by March 31, 2011. Municipalities will be required to attest that the projects would not have been built over the next two construction seasons without the federal and provincial funding. Both programs require a one -third municipal financial contribution. A program guide and a very short application form for Stimulus Funding can be accessed at: www.bcfontario.ca. You can also access application forms for the Communities Component of the Building Canada Fund through this web site. Municipalities are encouraged to contact the Canada Ontario Infrastructure Secretariat at 1- 866 306 -7827 to get a username and password to access the on- line application form. According to the letters, successful proponents will be notified quickly so that construction may begin. Financial agreements will be signed between the Province of Ontario and municipalities. Prior to final approval of funding and the conclusion of an agreement with the Province, the Municipality must provide proof of Council support for the approved project and the municipal contribution. Association of 1 Municipalities of Ontario Eligible Categories: The following are eligible project categories for Local Government Assets under the Infrastructure Stimulus Fund: Water and Waste Water Infrastructure Public Transit Infrastructure Local Road Infrastructure Disaster Mitigation Infrastructure Solid Waste Management Infrastructure Brownfield Redevelopment Infrastructure Cultural Infrastructure Airport Infrastructure Port and Cruiseship Infrastructure Municipal Buildings Parks and Trails While new construction which can be completed by March 31, 2011 is eligible, the Governments of Ontario and Canada advise that existing asset rehabilitation is the primary focus of the Infrastructure Stimulus Fund program. Under the BCF Communities Component Intake Two there are 18 project categories: Brownfield Redevelopment Collaborative Projects Connectivity And Broadband Core National Highway System Culture Disaster Mitigation Drinking Water Green Energy Local And Regional Airports Local Roads Public Transit Recreation *New* Shortline Railways Short-Sea Shipping Solid Waste Management Sport Tourism Wastewater Infrastructure The "Recreation" category is a new addition under Intake Two of the BCF Communities Component. Eligible municipalities with populations under 100,000 continue to be able to submit one application to this program intake. For further information, municipalities should review the web site www.bcfontario.ca or contact the Canada Ontario Joint Secretariat at: Building Canada Fund, Communities Component Joint Secretariat 1 Stone Road West, 4th Floor NW, Guelph, Ontario NIG 4Y2 Phone: 1- 866 306 -7827, Fax: 519 826 -4336, Email: BCF.CCna.ontario.ca Action: For your information. This information is available in the Policy Issues section of the AMO website at www. arno. on. ca. Association of At 2 -2 Municipalities of Ontario Impact on City Funding Additional debentures reduced to $240,000 No impact on City funding -helps Club Italia Eliminates City's $258,000 contribution City funding reduced by $800,000 and releases $800,000 for other projects Additional debenture of $4 million eliminated Additional debenture of $2.1 million (eliminated Additional debenture of $1 million eliminated and releases $1.1 million for other projects Additional debenture of $2.5 million eliminated Reduces City funding by $900,000 Reduces City funding by $200,000 ;S03 1 700,000 1 000`000'Z 1 000'00£`Z 1,200,000 4,400,000 000`000`£ 000`0017`£ 000'000' I.1. 3,300,000 1,400,000 000'00 Achievable in 2 years? seA L seA set SBA se,k seA s et No, longer term project seA se," SOA Project 'Fire Services i (Ly bd g gel) uolfe }S 01 suoltenoua >JI 'Municipal Works Northwest Sanitary Service Area (Tab 3 pg. 62) (Oakwood Drive Reconstruction (Tab 3 pg. 63) Bridge Street Sewer Watermain- Victoria to Erie (Tab 3 pg. 85) Desson Ave /Buchanan Ave /Slater Ave Storm Separation (Tab 8 pg. All) (Dixon Cul -de -Sac (Tab 8 pg. Al2) Drummond Road Reconstruction (Tab 8 pg. A13) (Morrison Street Rail Grade Separation (Tab 8 pg. A21) Riall Street Sewer Separation (Tab 8 pg. A23) Second Avenue Bridge Street to North Limit (Tab 8 pg. A24) Stanley Avenue (Somerville) Bridge Rehabilitation (Tab 8 pg. A25) r nfrastructure Stimulus Fund Potential Projects 1 Impact on City Funding 1 Additional debentures reduced to $500,000 Additional debentures reduced to $1 million 1 (Additional debentures reduced to $245,000 Additional debentures reduced to $2.5 million Additional debentures reduced to $2 million 1 'Additional debentures reduced to $27,000 Additional debentures reduced to $100,000 1 'Additional debentures reduced to $165,000 1 'Additional debentures reduced to $300,000 'Additional debentures reduced to $70,000 1 Additional debentures reduced to $378,000 1 Additional debentures reduced to $60,000 1 Additional debentures reduced to $35,000 1 Eliminates City debentures of $313,000 1 Additional debentures reduced to $1 million 1 No impact on City funding Additional debentures reduced to $1.4 million ;so3 000'00fi' l L$ 3,100,000 735,000 7,500,000 000'006'9 000`08 000'00£ 600,000 000`006 215,000 1,700,0001 175,000 1 100,000 1,500,0001 3,000,000 1 1,500,0001 000'00Z`17 Achievable in 2 years? seA Sa S8A seA Yes, as per Boys Girls Club set SSA SSA saA SSA sa, SBA SSA se,k SeA SSA SO,k ;3alo.ed 'Transportation Services Purchase of Transit Bus ITS Equipment (Tab 8 pg. A29) 'Transit Coaches -Coach Enhancement (Tab 8 pg. A31) Transit Customer Connection Facility- Niagara Square (Tab 8 pg. A32) Transit Operations Facility (Tab 8 pg. A33) 'Parks, Recreation Culture 'Boys Girls Club (Tab 8 pg. A34) I Garner Trail (Tab 8 pg. A41) 'George Bukator Park (Tab 8 pg. A43) ('v '6d 8 qel) at!S piellemeg eue1 s,Apun II 'Millennium Trail (Tab 8 pg. A45) 'Oakes Park Improvements (Tab 8 pg. A47) 'Patrick Cummings Sports Complex (Tab 8 pg. A48) 'Queen Street/PalmerAvenue Trail (Tab 8 pg.A49) 'Skate Park Facility (Tab 8 pg. A51) 'Museums Lundy's Lane National Historic Site (Tab 8 pg. A56) 6 u!uueldl 'Sylvia Place Market Redevelopment (Tab 8 pg. A57) 'Additional Projects Downtown Streetscaping City Hall Additions /Old Courthouse Rehabilitation A By -law to amend By -law No. 2007 -161, being a by -law to regulate the supply of water and to provide for the maintenance and management of the waterworks and for the imposition and collection of water rates. WHEREAS Section 11 and Part III of the Municipal Act, 2001 authorize a municipality to pass by -laws respecting matters within the sphere of jurisdiction of public utilities; AND WHEREAS Section 391 of the Municipal Act, 2001 authorizes a municipality to pass by -laws imposing fees and charges for the use of waste management systems, use of sewage systems or the consumption of water. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2007 -161, is hereby amended by deleting the SCHEDULE OF RATES, FEES AND CHARGES attached to it and substituting therefor Schedule "A" to this amending by -law, being the Schedule of Water Rates, Sewer Rates, Fees and Charges. 2. Repeal By -law 2008-31 Passed this twenty- seventh day of April 2009. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 27, 2009 April 27, 2009 April 27, 2009 CITY OF NIAGARA FALLS By -Law No. 2009 69 Schedule "A" to this amending By -Law No. 2009 -69 CITY OF NIAGARA FALLS SCHEDULE OF RATES, FEES AND CHARGES After Before 1. Service charges: Due Date Due Date 15 mm meter 24.55$ 23.38 monthly 18 mm meter 24.55$ 23.38 monthly 25 mm meter 24.55$ 23.38 monthly 37 mm meter 73.65$ 70.14 monthly 50 mm meter 147.29$ 140.28 monthly 75 mm meter 294.59$ 280.56 monthly 100 mm meter 540.08$ 514.36 monthly 150 mm meter $1,031.06$ 981.96 monthly 200 mm meter $1,841.18$1,753.50 monthly 250 mm meter $2,577.65$2,454.90 monthly 2. Water rates: After Before Due Date Due Date 0.7982 3. Flat rates for a private water service not metered by choice or other determination of the City: After Before Due Date Due Date 48.49 46.19 0.7602 per cubic metre 138.57 monthly 145.48 4. Flat rates for a private water service not metered because of refusal of owner: After Before Due Date Due Date monthly includes 30m3 of usage 5. Billing period: Minimum of one month. 6. Service deposits: 3 x the rate Two times the estimated billing for a billing period with a minimum of the amount of $230.00. 7. Sewer rates: (a) Service charge as set out in section 1: 91.5% (b) Water rates as set out in section 2: 126.4% (c) Flat rates as set out in sections 3 and 4: 108.7% 8. Charge for Installation of Water Service: (a) 3/4" Service: $1,650.00 (b) Over 3/4" Service Actual cost Deposit required based on estimated costs. 9. Charge for shutting off or turning on _supply of water: (a) During normal working hours: 55.00 (b) Outside normal working hours: 165.00 Note: For the purpose of this by -law, normal working hours shall mean Mondays to Fridays (exclusive of holidays) between 8:00 a.m. and 4:00 p.m. 10. Charge for meter removal or reinstallation: (a) During normal working hours: (b) Outside normal working hours: 11. Charge for Testing Meter Consumption: At cost with a deposit of $75.00 12. Bulk carrier rate for City stand -pipe: 40.00 per hour /per city employee 100.00 per hour /per city employee (a) For Water .95 per cubic metre Cost plus 25% (b) Service deposit: Based on estimated charges for two billing periods, minimum of $500.00. (c) Bulk water card purchase -4- $10.00 13. Use of Water for Construction Purposes: (a) At rates shown in sections 1 and 2 together with the cost to supply and install a meter. (b) Service Deposit: based on estimated charges for two billing periods; minimum of $500.00. 14. Charge for private water service account transferred to tax account: (a) Per transaction fee of $22.00 CITY OF NIAGARA FALLS By -law No. 2009 70 A by -law to adopt, ratify and confirm the actions of City Council at its special meeting held on the 27 day of April, 2009. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its special meeting held on the 27t day of April, 2009 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this twenty- seventh day of April, 2009. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 27, 2009 April 27, 2009 April 27, 2009