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2010/06/28COMMUNITY SERVICES COMMITTEE AGENDA NINTH MEETING Monday, June 28, 2010 5 :00 p.m. City Hall, Committee Room #2A & B 1) Approval of the June 14, 2010 Community Services Minutes. 2) PRESENTATION: QEW Expansion - widening of the QEW (Mountain Road to Highway 420) Presented by: Genivar, consultants for MTO 3) REPORTS: STAFF CONTACT: a) MW- 2010 -23 Sinnicks Avenue Drainage Geoff Holman b) MW- 2010 -45 Sam's Montrose Hotel Update Geoff Holman c) MW- 2010 -48 Mewburn Road Bridge Closure Update Geoff Holman d) R &C- 2010 -15 Advertising Policy Dale Morton e) CAO- 2010 -06 Gale Centre Alarms Ken Todd f) FS- 2010 -09 Open Air Burning Lee Smith g) F- 2010 -43 Water Sustainability Plan Report Todd Harrison h) F- 2010 -39 Water Billing Update Todd Harrison i) F- 2010 -40 2009 Reserves & Reserve Funds Todd Harrison j) PD- 2010 -52 Request by the Downtown BIA to Utilize Funds from the Downtown CIP Reserve 4) NEW BUSINESS: 5) ADJOURNMENT: Alex Herlovitch MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Seventh Meeting Monday, June 14, 2010, Committee Room 2, 4:00 P.M. PRESENT: Chair - Councillor Carolynn loannoni, Mayor Ted Salci, Councillors: Wayne Thomson, Jim Diodati, Janice Wing, Shirley Fisher and Victor Pietrangelo, Vince Kerrio. ABSENT: Bart Maves STAFF: Ken Todd, Ken Beaman, Geoff Holman, Lee Smith, Alex Herlovitch, Karl Dren, Marzenna Carrick, Dale Morton, Dean lorfida, and Marianne Tikky, Steno. GUEST: Joel Mowat, 5042 Hamilton Street, Sgt.Dan Tibbs, Niagara Regional Police, Bob & Marie Middlemiss, 8251 Dock Street (Foodland), Jay Mason, 4230 Front Street, Ray Anderson, Water Patrol Chairperson - 8849 Roosevelt Avenue, Doug Embleton, Jonathon Kennedy, 4309 Fourth Avenue. PRESS: Corey Larocque, Niagara Falls Review, Becky Day, Niagara This Week 1) MINUTES: a) MOVED on the motion of Councillor Thomson, seconded by Councillor Fisher that the minutes of the May 31, 2010 meeting be approved. Motion: Carried Action: Recommendation submitted to Council June 14, 2010. 2) REPORTS: a) CD- 2010 -05 Chippawa Boat Dock Mr. Jay Mason, 4230 Front Street spoke on behalf of the Chippawa Boat Dock Ad Hoc Committee regarding the placement of the Chippawa Boat Docks. The Ad Hoc Committee is in favour of having the docks replaced this summer on the north side of the river on either side of the Weightman Bridge (front of Tim Horton's & The Boat House). This would benefit the boating and business community. Mr. Doug Embleton, representing the Chippawa BIA advised Committee that the original BIA, through fund raising, collected enough monies for materials and labour to build the docks and have them anchored on the south side of the river in front of the Riverside Tavern. The owner of the Tavern, Mr. Bielich has maintained the docks up until this year as he is in poor health. Mr. Bielich has since made it known that he is still willing to maintain the docks should they be placed on the south side of the river in front of his establishment. After a brief question and answer period the following motion was made: Community Services Committee MOVED on the motion of Councillor Thomson, seconded by Councillor Fisher; that the Chippawa public dock be installed in the original location and that a City committee be formed to establish a long term plan for public docks on the Welland River. Motion: Carried Action: Recommendation submitted to Council June 14, 2010. b) MW- 2010 -37 DWQMS Operational Plan Re- submission -2- June 14, 2010 MOVED on the motion Councillor Thomson, seconded by Mayor Salci; 1. That City Council as Owners of the Niagara Falls Water Distribution System endorse the Drinking Water Quality Management System Operational Plan 2. That staff be authorized to make the appropriate application to the Canadian General Standards Board prior to June 23, 2010. Motion: Carried Action: Recommendation submitted to Council June 14, 2010. c) TS- 2010 -32 Tourist Area Parking Demand Study MOVED by Councillor Thomson, seconded by Councillor Diodati that the Tourist Area Parking Demand Study be deferred. Motion: Carried Action: Recommendation submitted to Council June 14, 2010. d) TS- 2010 -31 2009 Motor Vehicle Collision Report MOVED by Councillor Pietrangelo, seconded by Mayor Salci that this report be received for the information Council. Motion: Carried Action: Recommendation submitted to Council June 14, 2010. e) TS- 2010 -30 Fourth Avenue Traffic Mitigation Plan for Access to Gale Centre Mr. Joel Mowat, 5042 Hamilton Street advised Committee he is in favour of the speed humps on Hamilton Street and Fourth Avenue to create awareness that there is a stop sign at this intersection. Vehicles that travel this road are ignoring the sign and creating a dangerous situation. Community Services Committee f) RC- 2010 -13 Swimming Pool Fees 2010 g) RC- 2010 -14 Gale Centre Agreements h) HR- 2010 -05 Vacation Entitlement - Mayor - June 14, 2010 Mr. Jonathon Kennedy, 4309 Fourth Avenue advised Committee he lives directly across from the Ball Hockey Arena and has witnessed repeated speeding and disregard for the stop sign. Mr. Kennedy requested two additional speed humps be installed on Fourth Avenue towards the Gale Centre to deter speeding. MOVED by Mayor Salci, seconded by Councillor Kerrio that six speed humps be installed on Fourth Avenue and Hamilton Street. Motion: Carried Action: Recommendation submitted to Council June 14, 2010. MOVED by Councillor Thomson, seconded by Councillor Wing that the Swimming Pool Fees report be deferred. Motion: Carried Action: Recommendation submitted to Council June 14, 2010. MOVED by Councillor Thomson, seconded by Councillor Kerrio; 1. That Council approve the lease agreements with 2212396 Ontario Inc., operating as Break -A -Way Concessions Niagara and Front Row Sports Ltd., operating as Front Row Sports Excellence. 2. That Council approve the licence agreements with Niagara Falls Minor Hockey Association, Niagara Falls Girls Hockey Association, Niagara Falls Skating Academy, Niagara Falls Ringette and the Recreational Minor Hockey Association for their respective use of the Gale Centre facilities and amenities. 3. That Council approve the Rules and Regulations and the Operating Policy for the Gale Centre agreements. 4. That the Mayor and Clerk be authorized to execute the licence agreements. Motion: Carried Action: Recommendation submitted to Council June 14, 2010. MOVED by Councillor Thomson, seconded by Councillor Wing that the Vacation Entitlement - Mayor report be moved to open Council. Motion: Carried Action: Recommendation submitted to Council June 14, 2010. Community Services Committee _4_ June 14, 2010 3) PRESENTATION: MOVED by Councillor Wing, seconded by Councillor Pietrangelo that the Employee Survey Results be received and filed. Motion: Carried Action: Recommendation submitted to Council June 14, 2010. 4) NEW BUSINESS: MOVED by Councillor Thomson, seconded by Councillor Fisher that staff prepare a report on the recent alarm at the Gale Centre and the related costs. Motion: Carried Action: Recommendation submitted to Council June 14, 2010. 5) ADJOURNMENT: MOVED by Councillor Diodati, seconded by Councillor Thomson that the Community Services Committee adjourn at 5:56 p.m.. Motion: Carried Niagaraai Its REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION That the following report be received for information. EXECUTIVE SUMMARY Residents on Sinnicks Avenue have been experiencing a localized flooding problem in the rear yards abutting the Niagara Industrial Mall property. Staff has attempted to address this matter during the Sinnicks Avenue Road Reconstruction project in 2009 but were not successful in coordinating a solution with the affected residents in a timely manner. Staff has assisted the property owners by conducting a more detailed investigation and has met with the affected property owners to discuss a mutually acceptable solution. BACKGROUND Councillor Carolynn loannoni, Chair and Members of Community Services Committee City of Niagara Falls, Ontario Municipal Works Department MW- 2010 -23 Rear Yard Flooding Complaint Sinnicks Avenue MW- 2010 -23 June 28, 2010 The flooding problem was reported to City staff in December 2008. Attached for your reference is a copy of an internal memorandum that provides a chronology of the events and summarizes the involvement by staff and some members of Council to determine an appropriate solution. The investigation concluded that filling activity over the past number of years on the Niagara Industrial Mall property has resulted in a makeshift drainage system that reversed and impeded the natural overland flow route. Staff arranged to have an existing culvert located near the northeast corner of the Lavell property (3762 Sinnicks Ave.) TV inspected and concluded that the pipe condition, alignment and size would provide the desired results. The outlet end of the pipe appears to terminate under the existing Soccer Dome and the pipe size and grade suggests that the flow entering the pipe is discharging toward the rear yards on Sinnicks Avenue. This investigation is shown graphically on the attached map entitled "Sinnicks Avenue Drainage - Existing Conditions. As a result, staff identified two options to help mitigate the impacts of the localized flooding and discussed them with the affected property owners. Option #1 - Involves the installation of a rear yard catch basin on the Lavell property (near the existing culvert) with a connection to the new municipal storm sewer located out on Sinnicks Avenue. This option was originally proposed by staff during the Sinnicks Avenue reconstruction at the property owners expense. June 28, 2010 - MW- 2010 -23 Option #2 - Involves the construction of an open channel or piped system across the Niagara Industrial Mall lands to convey surface flows to the original outlet near the CNR lands. This option was considered to be the most expensive and would have a significant impact on the daily operations at the Niagara Industrial Mall property. These two options are shown graphically on the attached map entitled "Sinnicks Avenue Drainage - Proposed Options." ANALYSIS AND RATIONALE The City's role with respect to the resolution of private drainage matters is covered by Lot Grading By -Law (By -Law No. 94 - 248) and the Private Drains and Sewers Policy (Section 312.11). The policy states that; "1. Benefitting property owners shall be responsible for; i) the maintenance and repair of rear yard catch basins and their leads beyond the road allowance, ii) cleaning of catch basins and leads for the entire length (to the sewer main). 2. The City shall be responsible for the maintenance and repair of the (piping) within the road allowance between the sewer main and the property line." At its meeting on May 31S 2010, City Council deferred a decision on the proposed minor revisions to the Lot Grading By -Law (report MW- 2010 -28) pending the resolution of this matter. Staff provided preliminary cost estimates to the property owners but encouraged them to seek quotations from local contractors and to make arrangements that suited themselves. After some consideration of the results of the investigation it was agreed that the Niagara Industrial Mall would assume financial responsibility for the costs of the work to be done on the Lavell property (estimated to cost $4, 784). LEGAL IMPLICATIONS Drainage disputes generally fall into the realm of Common Law. Under Common Law, landowners are considered equal and court rulings are obtained by the initiation of a civil action by the damaged party. Court decisions made under Common Law have established precedents from which a set of rules has been developed that apply to water rights. These rules differ significantly between natural watercourses and surface water. A natural watercourse is generally defined as "a stream of water that flows along a defined channel, with a bed and banks, for a sufficient time to give it substantial existence." Natural watercourses must be permitted to flow and property owners have the right and obligation to ensure this is the case. Conversely, surface water has no defined course and "is water that falls as precipitation but which finds its way to a natural watercourse by percolation or flow." There is no right of drainage for surface water. Once action has been taken by a property owner to collect or alter the natural flow of drainage they become responsible for the downstream and upstream impacts such action may have caused. In this case, it appears that the filling activity and makeshift piping on the Niagara Industrial Mall property may be contributing to the problems on the Sinnicks Avenue properties. June 28, 2010 Notwithstanding the legal implications of this situation, the property owners have agreed to work together to ensure that any property ongoing maintenance is completed in a timely fashion. FINANCIAL IMPLICATIONS City staff has invested considerable time in investigating this matter as well as the payment for the cost of video inspection of the culvert (approximately $1,000). City staff will complete the connection of the storm lead pipe to the Municipal storm sewer once the works are completed to the road allowance limit by the landowner. Any costs associated with the sewer connection in the road allowance including restoration will be funded from the 2010 Operating budget. It expected that the City's share, excluding labour and equipment costs will be approximately $3,500. LIST OF ATTACHMENTS 1. Chronology of Events - Memo dated January 27, 2010 2. Plan - Sinnicks Avenue Drainage - Existing Conditions 3. Plan - Sinnicks Avenue Drainage - Proposed Options Recommended by: Respectfully submitted: S: \REPORTS\2010 Reports \MW - 2010 -23 - Sinnkis Avenue Drainage.wpd -3- MW- 2010 -23 Geoff Holman, Director of Municipal Works Ken To d, Chief Administrative Officer Community Services Department Municipal Works Inter - Department Memorandum TO: Geoff Holman, C.E.T. Director of Municipal Works Ext. 4219 FROM: Brad Johnston, A.Sc.T. Development Technician Ext. 4290 Niagara DATE: April 8, 2010 RE: 3774, 3762 & 3794 Sinnicks Avenue - Correspondence Timeline UPDATE Hank Handke, Ron Lavell & Tom Lacas Drainage Issue Our File: Sinnicks Avenue December 15, 2008 • Spoke with Hank re: his drainage problem, and he mentioned similar drainage problems on his neighbour's property to the north (3762 Sinnicks Ave) • Hank mentioned the trucking company behind them plows snow into the ditch along the rear yards December 16, 2008 • Met Hank on -site and observed the rear -yards had negative grade in relation to the street Pooling in the rear yards was evident and it appeared that the culvert was directed towards the north east, however the outlet was not observed • Advised Hank to revert downspouts to the front yards and to collectively with the neighbours to fill the rear -yards in order to create a positive drainage outlet, and to investigate the private culvert further December 17, 2008 • Hank called and mentioned Wayne Thompson wanted a call /email from City staff as to the ownership of the culvert at the rear of 3762 Sinnicks Ave. It was determined the culvert was not owned by the City, but collectively by the owners of the properties in which it lies • The culvert appeared in good condition, and it was guessed that it's outlet was at the east limit of Keith St, while the invert appeared to be equal to / above grade, limiting the flow and conveyance of the standing water • Mentioned to Hank that storm sewers are set to be installed on Sinnicks Ave by summer /fall 2009 and that a connection of a rear yard catch basin would be possible, but works on private properties are the responsibility of the owner to the property line • Email to Carey Campbell & Ted Salci summarizing Dec, 16 discussions • Reiterated we would only provide the lateral if formally requested to do so and a commitment from the homeowner with the completed works was received to the City and coordinated with the Manager of Construction and Working Together to Serve Our Community Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services the project contractor January 5, 2009 • Received a call from Hank on December 30, 2008 and he mentioned that Wayne Thompson informed him that City staff was working on the issue of investigating the culvert • Hank had learned that the culvert had been installed by the people that owned the property next to Muellers? He was not clear on this, and when I asked, that's all the information he provided. The issue remained private, and I informed him the City's position remained the same February 27, 2009 • Sent Hank a formal letter stating the City's position and providing him his options (attached) March 5, 2009 • Hank called to inquire getting the drainage from the trucking company tested for contaminants, so the City could force them to put up a retaining wall or barrier. He was informed the City would put up no such costs for this request as it remains a private matter • Hank felt the City should have some record of the culvert installation, and that it should be dropped to take the drainage away. I advised that the pooling of water in the rearyards was a result of the topography in relation to the culvert, and also additive flows from the neighbouring properties Hank mentioned the Ted and Bart Mayes met him on his property a few weeks previous and a T.V. inspection of the culvert was suggested by Bart. Hank had asked for information of the trucking company owner and the start date of the recon on Sinnicks Ave I informed him that the City would not be responsible for any works on private property, however that it would be beneficial to get the culvert inspected by our forces, and get a layout of the grading for his information I mentioned to Ted that problems may have arisen as a result of the soccer dome development and that a portion of the culvert may have been cut -off, however it is unknown until the culvert outlet has been determined and it's direction of flow Email from Carey Campbell (Ted's Assistant) • asked for the possibility of making arrangements for the City to inspect the culvert • Email from Brad Johnston • Would be possible, at Ted's discretion, however I reiterated that the back yards appeared lower than the culvert, and that some remedial work was needed on behalf of the residents • The option of the sewer tie -in would need to be discussed with Chuck McLeod for the adequate depth and grade, if achievable. The purpose of the culvert was to possibly drain the properties, however a portion of those rear yards once belonged to the trucking company, and the culvert make have taken flows from that side of the property north -ease to Hawkins Creek • Email from Carey Campbell • Discussed the above with Ted and he had asked for the culvert to be inspected • Email from Brad Johnston • Informed Carey Campbell I would deliver the indemnification letters to Hank and the neighbour to the north (Mr, Lavell) for the City to be able to access the property and inspect the culvert. Once the City would receive the letters back signed by the homeowners, City staff would complete the inspection, provide a description of what was found and provide data for solutions to were already provided Email from Ted Salci Ted explained the above to Hank and that he and his neighbours would have to incur some costs for works on private properties and that these costs would not be picked up by the taxpayers He wanted to make the point clear to pre -empt any future request by the affected property owners who should be sitting down to discuss how they will share in these costs March 6, 2009 • Indemnification letters were sent out to the homeowners (3774 & 3762 Sinnicks Ave.). The City never received a response, nor was approached again re: the tie -in option to the new Sinnicks Ave storm sewer January 4, 2010 • Mr. Handke approached the Niagara Falls Review and was interviewed by Tony Riccuito. Bob Nadon of the Niagara Industrial Mall was interviewed and commented as well (attached) Stephanie Morley wrote into the review in response to the article and informed that her parents that live two doors down Mr. Lacas and have had similar problems, however never made a formal complaint. She says that the article said that City staff had spoke with residents and made suggestions, and that her parents were never approached or contacted. January 8, 2010 • Ron Lavell (3762 Sinnicks Avenue) emailed Tony Riccuito in response to the article by Mr. Handke. He verifies the outlet at the east limit of Keith St. • He also verifies that there is flow through the culvert and that ponding recedes within 24 hrs unless it freezes as it did the day of the interview. He mentioned he gave Bob Nadon permission to inspect the culvert with his contractor when they met with the residents • Ron Lavell mentions that the regrading of the properties collectively by the neighbours was not an option due to cost • He said that he has since landscaped the yard to appear as a constructed pond, and that he is content with this January 25, 2010 • Email from Ron Lavell Contacts Jim Diodati, and claims the intake of the culvert does not permit water to flow into it. Mr Lavell found and inspected the discharge end of the culvert to be at the north -east corner of the Soccer Dome He is willing to sign any indemnification letters for an immediate inspection of the culvert February 10, 2010 • Met with Bob Nadon from the Niagara Industrial Mall, Geoff Holman and myself to discuss the options and the issues February 11, 2010 • Sent a notice to the homeowners along with the indemnification letters to access the properties involved in order to inspect the culvert February 12, 2010 Received Indemnification letters from both Niagara Industrial Mall and Hank Handke February 15, 2010 Received Indemnification letter from Ron Lavell February 25, 2010 • City Infrastructure staff and myself met on -site to video zoom the culvert. It was indicated that there was a possible bend in the culvert ( <45 degrees) to the north- east as no further zoom could be completed that far in. Tony was going to attempt to locate the outlet through the Keith Street dead -end, and the Niagara Industrial Mall if needed. I was told the culvert had very little water in the bottom, which was also gravel- based, suggesting low or no flow. It is still undetermined whether there is an outlet or not, as well as the direction of flow. • Suggested to get Bob Robinson Construction or Pipe Flow Ltd in to further crawl the culvert for more accurate data. March 23, 2010 Present: Brad Johnston, Doug Evans, Ted Salci, Hank Handke, Ron Lavell, Tom Lacas, Steve Halucha (Bob Robinson Construction Ltd.) • Discussed the issue with Steve and he mentioned the inspection would involve a crawl - through of the culvert to the outlet /deficiency (if any) and also provide grade and distance /direction to outlet /deficiency • Observed little /intermittent flow from Ron's property into the culvert flowing to the northeast towards the potential outlet at the rear of the trucking company • The residents were surprised that the costs of the works to provide a rear -yard catch basin to the front property line were not as costly as they imagined, once they were informed that a local resident on Keith Street had completed the same works in August 2009, before the construction on Sinnicks Avenue had begun, for a reasonable amount • Hank continues to deny receiving the letter indicating this information of the Sinnicks Avenue construction, and subsequent connection option Ron Lavell seemed reasonable as to the options provided, once further explained, however continued to mention private costs are unreasonable to bear for them. Tom Lacas expressed some regret that he had not heard of this option of the catch basin tie -in sooner, however I informed him that he was not circulated as he was not party to the original complaint, and never made us aware of his concerns until the article in the review Hank Handke remains reluctant to accept any financial responsibilities and mentioned he wished he had done his homework further prior to purchasing the property Steve Halucha and his crew are set to inspect on Friday March 26, 2010 at 8:OOam and crawl the culvert. $165.00/hour to 4 hour max = $660.00 + tax March 26, 2010 • Met on -site with a crew from Bob Robinson Construction to video crawl the culvert at 3762 Sinnicks Avenue April 1, 2010 • Received CCTV package of data from Bob Robinson Construction Ltd. regarding the culvert inspection April 13, 2010 • Meeting at City Hall with the residents and Bob Nadon from Niagara Industrial Mall and review of the CCTV package from Bob Robinson. It was decided the culvert was no longer functional, and two options were offered: • An open channel from the rear yard of Mr. Lavell, north -east through to the Hawkins Creek outlet, to restore the natural drainage and intent of the culvert when it was first installed • The installation of a rear -yard catchbasin from Mr. Lavell's property to be connected to the existing City storm sewer on Sinnicks Avenue • Councillor Thompson suggested a 3 -way cost sharing proposal for the option of the rear yard catchbasin beween the City, Niagara Industrial Mall, and the residents. • Mr. Lavell was to take the suggestion back to the residents, and gather some quotes for the proposed works May 7, 2010 • Meeting at City Hall with the residents and Bob Nadon of Niagara Industrial Mall • Mr. Lavell provided the City with a quote for the proposed works from Provincial Contractors Inc of $4,784.00 and a suggestion from Jim Diodati that Niagara Industrial Mall pick up the cost for the entire works out to the road allowance, as the City has incurred enough costs for the inspection and research up until now. • Bob Nadon was to take the proposal before his board of directors for review and get back to us on the decision. May 18, 2010 • Awaiting the decision from the Niagara Industrial Mall's board of Directors, prior to the Council Report being submitted. June 3, 2010 • Email from Bob Nadon confirming Muller Properties has agreed to Option #1, and will pay the $4,784.00 cost. • Coordination of works has been left with Ron Lavell and Bob Nadon for the works to be completed prior to the placement of the final coat of asphalt on Sinnicks Ave August 2009 Doug Evans had some dealings with some residents on Keith St and Coholan St with similar rear yard flooding issues and was requested to aid in the residents tying into a catch basin on Sinnicks Ave. Since the person acting on behalf of all of the residents proposed to cross other private properties with a lateral out to Sinnicks Ave, he decided to install a pup catch basin in the rear of his property, and provide the works to the property line and inform the City that he had completed the work. As of August 18, 2009 a request from Doug Evans to Ron Decaria at the service centre was put in to tie Mr. Cisek at 6019 Keith St into the storm sewer in the road. The costs of all works on Mr. Cisek's property was incurred entirely by the resident. This job was completed as of November 2009 as per the resident. I trust this information is satisfactory, and if there are any further questions or comments, please feel free to contact me. BJ S \REPORTS\2010 Reports \MW - 2010 -23 - Attachment 3 - 04 -08 -2010 - Hanke - Lavell - Lacas Drainage Issue - Correspondence Timeline Memo wpd OD 0 n .n ----- mom 1/1 Lf1 ga), 11-/ Fit NiagaraaaHs REPORT TO: Councillor Carolynn loannoni, Chair Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2010 -45 Sam's Montrose Hotel RECOMMENDATION MW- 2010 -45 June 28, 2010 That payment in the amount of $47,615.45 be made to the owner of Sam's Montrose Hotel in consideration for the costs incurred for constructing a municipal sewer across the Q.E.W. right -of -way to the benefit of the adjacent lands. EXECUTIVE SUMMARY The change in the function and legal status of the sanitary sewer constructed in 1994 for the Sam's Montrose Hotel enables the City to compensate the builder of that sewer for his share of the cost of constructing that sewer. BACKGROUND At its meeting on May 2, 2005, Council considered the recommendations set out in report MW- 2005 -51 and directed staff to proceed with the preparation of a Front - Ending Agreement under the authority of the Development Charges Act. The report (see attachment #1) contains a brief chronology of events dating back to November of 1993 at which time the owners of Sam's Montrose Hotel (8675 Montrose Road) petitioned the City to install a sanitary sewer across the Q.E.W. from Oakwood Drive to the subject property in order to address problems associated with failed septic systems in the area. Unfortunately, it was discovered that a cost sharing agreement under the authority of the Development Charges Act was not a suitable vehicle for resolving this issue. An agreement of this type requires a development charge study and would restrict the owners recovery to the cost of oversizing the pipe. The costs of oversizing in this case are minimal. The recovery to the constructor would hardly have been worth the effort. Staff has been struggling to implement an appropriate process by which to recover the costs paid for by the proponent for the sanitary sewer which has the potential to service approximately 52 acres of land currently within the City's Urban Area Boundary but not serviced by municipal sewers. During the course of these efforts, it became apparent that, over time, the function of this sewer within the projected, built out sanitary sewer system of the City had changed. When June 28, 2010 it was first built, the sewer was dealt with as a local improvement. It was seen as benefiting a single property. However, as time has gone on, its future appears to be servicing growth to be developed within the 52 acre parcel. In recognition of this change in status, the subject sewer was included in the list of projects used to calculate the 2009 Development Charges By -law. The list was published and distributed in the 2009 Development charges background study. There were no objections to the inclusion of the subject sanitary in the Study as a project to be funded by Development Charges. In this way, the subject sanitary sewer has been established as a project to be funded from development charges. The owner is requesting reimbursement for the net amount owning. Attached is a letter from Mr. Simo Bielich dated May 18, 2010 confirming this request. It should be noted that Mr. Bielich is also proposing to address a tax arrears situation within 10 days of a resolution to this matter. LEGAL IMPLICATIONS The sanitary sewer was constructed under a City contract and is considered to be a municipal asset with no local servicing component. This infrastructure will service future growth when those lands within the designed catchment area eventually develop. Due to the geographic nature of these properties they are unable to take advantage of any other services that exist in the area. Council should regard the strategy used to resolve this issue as an innovative response to a unique situation arising out of the 2005 report to Council. It is very unlikely this circumstance will ever be encountered again. FINANCIAL IMPLICATIONS The reimbursement to the applicant of funds expended on the municipal sewer will be paid from the applicable Development Charges Reserve Fund. ATTACHMENTS 1. Letter from Simo Bielich, May 18, 2010. Recommended by: Respectfully submitted: S: \REPORTS\2010 Reports \MW - 2010 -45 - Sam's Montrose Hote12.wpd - MW-2010-45 Geoff Holman, Director of Municipal Works I4f rYtj Ken Todd, Chief Administrative Officer Geoff Holman Manager of Development City of Niagara Falls 4310 Queen St. Niagara Falls, On. May 18` 2010 This letter is for the intent of settling the front end agreement between the City of Niagara Falls and Sam's Montrose, We would like the matter brought forth in front of city council. The money has been set aside by city hall for the amount of $51. 852.12. From this amount Sam's Montrose at 8675 Montrose Rd. owes $3631.43, The house beside the hotel at 8731 Montrose Rd owes $605.24. Which will leave the amount at $47 615.45 to be paid to Simo Bielich. Upon receiving these funds I would like the interest deducted of this years taxes for which it took so long to solve this matter. Once everything is settled I will pay in full my taxes up to date with in ten business days. Yours truly. Simo Bielich 8675 Montrose Rd. Niagara Falls, On L2E 6S5 905 374 4544 Niagaraia1ls REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Municipal Works MW- 2010 -48 Mewburn Road Bridge Class Environmental Assessment MW- 2010 -48 June 28, 2010 1. That the Mewburn Road Bridge Class Environmental Assessment (June 2010) be received and the preferred alternative to replace the existing structure be approved. 2. That staff be directed to pursue opportunities for funding from the Federal Gateways and Border Crossing Fund, Canadian National Railways and the Region of Niagara. 3. That the Notice of Study Completion be advertised effective June 29 2010. EXECUTIVE SUMMARY The Mewburn Road Bridge was closed to pedestrian and vehicular traffic in April 2009 based on the recommendations from the City's structural engineering consultant. The existing structure was showing significant deterioration posing a serious risk to those using the bridge. Council directed staff to undertake the required Class Environmental Assessment (EA) to determine the best option for reinstating the access across the Canadian National Railway (CNR) line. The study took into consideration a number of factors including socioeconomic, environmental, financial and public safety impacts and concluded that the replacement of the existing structure with a new one was the preferred alternative to a permanent closure or an at -grade crossing. The study included an extensive public process which overwhelmingly supported the construction of a new bridge. The staff recommendation is contingent on the availability of funding from external sources. Mewburn Road, due to its function as an inter - municipal connector roadway has been identified by the Region of Niagara as a candidate for transfer from the City to the Region. Given the vested interest in the future of this roadway staff will be seeking contributions from both CNR and the Region. Staff has also been directed to the Federal Government's Gateways and Border Crossings Fund (GBCF) which, if the application is successful, offers funding up to 50% of the eligible costs. The preferred alternative identified in this study has been estimated to cost $2.6 million. June 28, 2010 BACKGROUND -2- MW- 2010 -48 At its meeting on June 8 2009, Council received an update report (MW- 2009 -42) on the status of the temporary closure of the Mewburn Road bridge and directed staff to meet with representatives from CNR, Niagara Region and the Town of Niagara -on- the -Lake to coordinate maintenance and emergency response issues on an interim basis. August 31s 2009, Council authorized the engagement of DelCan Corporation (MW- 2009 -59) to conduct an EA to identify the best solution moving forward. In addition, on January 25 2010, approved the recommendations outlined in report MW- 2010 -03 directing staff to restrict access to the structure by all users. The Public Information Centre (PIC) was held on January 14 2010 at Mountain Park Church and was attended by 44 people. A significant majority of the participants expressed their preference to replace the old bridge. The Mewburn Road bridge, prior to its closure, had a relatively low volume of traffic largely due to reduced load limits and poor pavement conditions. The structure provides the ability for maintenance and emergency service vehicles to cross the CNR line without having to give way to an increasing volume of rail traffic. The Bruce Trail also uses this structure for crossing the railway. Mewburn Road often acts as a service road when construction delays or emergencies occur on the QEW at Sand Plant Hill. Removal of the structure and replacement with an at -grade represents a reduction in the current level of service. Those in attendance that did not support the replacement of the structure cited cost concerns and noted that this location had much lower vehicle /train volumes than other locations in the City that have at -grade crossings. ANALYSIS /RATIONALE In consideration of the issues raised and the importance of reopening this important link in the road infrastructure the estimated $2.6 million costs are not affordable for the City under the current and short term economic climate. The availability of external funding is a critical element in the decision. In examining the at -grade crossing option the cost of land to adjust the approaches as well as the costs of signals, signage and road improvements are estimated to cost approximately $1.5 million. By adopting this option the City would not be eligible for funding from any of the potential funding sources. Conversely, If the City proceeds with the replacement option and is successful with its funding requests to the Federal Government, Niagara Region and CNR it can potentially reduce its share to approximately $650,000. The cost sharing is shown on the table below. Option City of Niagara Falls CBCF CNR Region At -Grade Crossing $1.5 million $1.5 million $0 $0 $0 (100 %) New Bridge $975,000 $1.3 million $195,000 $130,000 $2.6 million (37.5 %) (50 %) (7.5 %) (5 %) June 28, 2010 The City's actual costs are significantly reduced by adopting the more expensive solution due to the availability of funding from external sources. FINANCIAL IMPLICATIONS: This project was included in the 2010 Capital Budget and is expected to be funded over two years. 2010 Capital Budget $400,000 Engineering and Land Costs 2011 Capital Budget $2,600,000 Construction Costs The project funding is conditional on the receipt of external contributions which have yet to be confirmed in writing from the various sources. The funding allocation referenced in this report is based on verbal commitments from representatives of the various agencies. In some cases, such as CNR, staff has information that could support a larger contribution on their behalf. The cost sharing shown in this report represents a conservative estimate. It should be noted that if purposed funding partners do not materialize the City will be forced to rework the capital budget on this project as no funds are allocated for additional expenditures. COMMITMENT TO COUNCIL PRIORITIES The recommendation contained in this report is consistent with Council's priorities to identify and evaluate alternative sources of revenue and to establish infrastructure priorities. LIST OF ATTACHMENTS 1. MW- 2009 -42 2. MW- 2009 -59 3. MW- 2010 -03 4. FIGURE 4.1 Preferred Design Concept Recommended by: Respectfully submitted: -3- MW- 2010 -48 Geoff Holman, Director of Municipal Works Ken Tod , Chief Administrative Officer June 8, 2009 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2009 -42 Mewburn Road Bridge Over CN Railway Temporary Closure - Status Report RECOMMENDATION: That this report be received for information and that staff be directed to meet with representatives from CN, the Region of Niagara and the Town of Niagara -on- the -Lake to address emergency response and road maintenance issues on an interim basis. BACKGROUND: 00,200 kiY N lag araial MW- 2009 -42 The recommendation(s) contained in this report were adopted by City Council On April 22, 2009, Municipal Works staff received a report from Ellis Engineering Ltd. recommending that "the City close the road immediately unless structural repairs are completed and it can be shown that the bridge can support the posted load limits. Once repaired we can then recommend Toad capacity evaluation (LCE) in order to determine a safe load carrying capacity. The structure should be scheduled for replacement with another bridge or level crossing NOW." The closure was implemented immediately and Council was advised of the temporary detour pending a full inspection by the structural engineers at CN. The Town of Niagara - on- the -Lake was notified so that arrangements for signs and emergency response to the immediate area could be coordinated. Staff has received notice that the Town's Public Works Advisory Committee passed a motion on May 11, 2009 requesting "the Region and the City of Niagara Falls and the Town staff meet with CN to discuss the closure of the Railroad Bridge on Concession 6 /Mewburn Road and to come back to Committee with scenarios to reopen." On May 21, 2009, CN completed a reassessment of the structure and advised our staff that the needed repairs are "too expensive and will not be completed." This means that any hope of reopening the roadway this year (even at a reduced load limit) is not likely. Working Together to Serve Our Community Community Services Department Municipal Works June S, 2009 ti - 2 - MW- 2009 -42 The single -lane structure needs to be reconstructed to meet the current Ontario Bridge Code. To complicate the matter further, the Region's Transportation Sustainability Review (see report MW- 2009 -30 attached) identified this section of Mewburn Road as being a candidate for transfer to the Region of Niagara due to its inter- municipal connector function. The cost of replacing the existing structure with a new bridge is approximately $2,000,000. Funding for an expenditure of this nature has not been included in the 5 -year Capital Forecast. The next step is to arrange a meeting with each of the stakeholders to coordinate a short term and long term operating plan to reopen the bridge. The full range of alternatives including the construction of a level crossing, will be examined. Given the importance of this road section, permanent closure is not considered to be a practical option. Staff will prepare a recommendation for Council's consideration once the discussions are completed later this Summer. Recommended by: Approved by: Respectfully Submitted by: Attach: Geoff Holman, D;t'ctor of Municipal Works Ed Dujlovic, E ufive Director of Community Services Ken Todd, Chief Administrative Officer S:1REPORTS120091MW- 2009 -42 - Mewburn Road Birdge Over CN Railway Temporary Closure.wpd August 31, 2009 MW-2009-59 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: NiagaraJa/s DA Re: MW- 2009 -59 Mewburn Road Bridge - Temporary Closure Status Report and Next Steps The recommendation(s) contained in this report were adopted by City Council That the Town of Niagara -on- the -Lake, Region of Niagara and affected area residents be notified of the extension of the temporary closure of the Mewburn Road Bridge pending the completion of a Municipal Class Environmental Assessment (EA) of altematives. That Delcan Corporation be engaged to complete the EA in accordance with their attached proposal dated July 3, 2009 at an upset limit of $60,000 (plus GST and contingencies.) The CN Rail Bridge on Mewbum Road has been closed on a temporary basis since late April of this year pending the completion of a detailed structural analysis and load capacity evaluation. Staff has met with representatives from CN, Region of Niagara and Town of Niagara -on- the -Lake to investigate the possibility of completing interim repairs to allow the overpass to be reopened with restricted load limits. CN has now confirmed that interim repairs would not be practical and deemed the structure to have reached the end of its service life. There is considerable interest from the public to reopen the structure as soon as possible and a need to coordinate proper signage, emergency and maintenance responses until such time as full access can be reinstated. The replacement of the existing structure requires the completion of a Schedule `B' Municipal Class EA which will examine the feasibility of all practical alternatives including a permanent closure, a level crossing and a new structure. Staff has requested a proposal from Delcan Corporation and has jointly developed a work plan to achieve this end. At its meeting on June 8, 2009, Council approved report MW- 2009 -42 which directs staff to meet with CN, the Region and the Town of Niagara -on -the -Lake officials to address emergency response and l° i tiriance issues on an interim basis. 4310 Queen Street, P.C. Box 1023, Niagara Fails, ON, Canada L2E 6X5 90 5 356 -7521 www.nia arafalls.ea Y�iilS� �•. , Working Together to Serve Our Community Community Services Department Munlclpal Works r+uyubt .) 1, hUU $ - - MW- 2009 -59 A meeting was held on June 16, 2009 resulting in a verbal commitment from CN to complete a detailed structural analysis to determine if it was feasible to repair the bridge. On August 5, 2009, staff received an email from Mr. John McTaggart (Sr. Engineering Services Officer) stating; 'We have discussed the fate of this bridge with our Structural Department and the repairs required to put the bridge back to a temporary 6 tonne capacity are too high to consider as an option. While an exact estimate is unknown, the cost is likely well in excess of $500,000. The funds that the Railway had protected for this year would not be sufficient to reinstate traffic considering the advance state of deterioration of this structure. Since our funding would not provide any effective improvement to the bridge, we have re- assigned the funds to other areas. At this time, the Railway considers the bridge to have reached the end of its service life. I do not have the original date of construction for this bridge but do know that is was reconstructed under Board Order No 33714, dated June 1, 1923." Mewburn Road is an inter - municipal connecting link with the Town of Niagara -on -the -Lake which also provides access to the Pine Tree village Mobile Home Park and other agricultural and estate residential properties. Closing the roadway on a permanent basis will have significant social impacts. It would be prudent to commence the EA process immediately to expedite the implementation of a preferred alternative. The EA process is expected to take up to six months barring any complications. This project was not anticipated and therefore not included in the City's 2009 -2013 Capital Projects Budget. The completion of the EA is the first step in advancing a solution to this matter and funding from reserves will be necessary. FINANCIAL CONSIDERATIONS: Since this project was not considered in the 2009 Capital Budget and given the urgent need to initiate the Mewbum Road Bridge EA, staff is recommending making changes to the 2009 Approved Capital Budget based on this new information. Specifically, this project should be added to the approved capital works projects. The required funding of $80,000 to perform the EA will utilize a portion of the Special Purpose reserve set aside for the Willodell Road Bridge Replacement. To facilitate this change a change in timing of the Willodell Road Bridge replacement will be required. Specifically, the engineering for the project will still proceed as scheduled however the actual construction phase of the project will need to be re- prioritized as part of the upcoming 2010 Capital Budget deliberations. The Willodell Road Bridge replacement project was included in the 2009 Capital Budget with $20,000 set aside for engineering in 2009 and $150,000 in costs planned for 2010 in the construction of a structure that would provide non - vehicular access only. The proposed action is consistent with the City Council's Strategic Priorities namely; establish infrastructure investment priorities, and • develop and implement a comprehensive transportation plan. Aupst 31, 2009 - 3 - MW- 2009 -59 LIST OF ATTACHMENTS: • MW- 2009-42 • Proposal for Engineering Services - Declan Corporation (August 21, 2009) Recommended by; Approved by: Respectfully Submitted by: Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer S:IREP0RTS120091MW- 2009-59 - Mewbum Road Bridge Temporary Closure.wpd Ed DtIj'lovic, Executive Director of Community Services Niagarara�Is CA RA7IA REPORT TO: Councillor Carolynn loannoni, Chair Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Community Services Department EXECUTIVE SUMMARY MW- 2010 -03 January 25, 2010 The recommendation(s) contained in this report were airwndedhycommitta: and ratified by City Council SUBJECT: MW- 2010 -03 Mewburn Road Bridge (Mewburn Road - Concession 6 Road) Resolution from the Town of Niagara -on- the -Lake RECOMMENDATION That staff be directed to pursue funding assistance for the demolition and replacement of the Mewburn Road Bridge and further that By -Law No.2009 -172 be amended to restrict access to the structure by all users. In addition, staff be directed to install signage and barriers that will preclude any physical access to the structure and that notice of this decision be given to the property owners, CN Rail, Canadian Transportation Agency and the Town of Niagara -on- the -Lake. and that Mr. Iseppon's comments be referred to staff to investigate ownership & cost sharing for replacement of the rail bridge The Mewburn Road Bridge has been closed to vehicular traffic since last April pending the outcome of a Municipal Class Environmental Assessment (EA). This process is nearing completion with the preferred alternative yet to be selected. In any case, the removal of the existing structure will be necessary as its condition is beyond repair. At its meeting on November 2, 2009, Council considered the recommendation set out in report TS- 2009 -44 and subsequently passed By -Law No. 2009 -172. At that time Council made a decision to allow access for pedestrian purposes only. The Public Works staff at the Town of Niagara -on- the -Lake has been actively engaged in the closure and the EA process given the structure's location on an important connector road between the two municipalities. City Council's decision was forwarded to the Town's Director of Public Works for information. At its meeting on December 14, 2009, the Town of Niagara -on- the -Lake Council passed a resolution offering their support for Federal or Provincial funding assistance and requested that the City reconsider its position with respect to the continued use of the bridge for non - vehicular traffic. Municipal Works staff continues to have concerns about the structural integrity of the bridge and the false impression that it may be safe to use despite the installation of warning signs advising pedestrians to use at their own risk. Staff also believes that a full closure of the structure raises the urgency of this matter and strengthens the City's position in its pursuit for funding from external sources. The EA is expected to be completed within the next 2 -3 months and, barring any Part II Order Requests, the preferred solution will be identified after the feedback from the public January 25, 2010 BACKGROUND -2- MW- 2010 -03 and various agencies is considered. Given the preliminary assumption that the costs will range from $1 to $3 million it is not likely that the City will be in a position to afford this expenditure this year without a significant contribution from other external funding sources. City Council adopted the recommendations set out in report MW- 2009 -42 on June 8, 2009 which provided for the temporary closure and investigation of solutions for the replacement of the Mewburn Road Bridge over the CN Railway. On August 31, 2009, City Council approved the initiation of the Municipal Class Environmental Assessment process and engagement of the consulting firm DelCan Corporation for this purpose (see report MW- 2009-59). On November 2, 2009, Council approved the recommendations in report TS- 2009-44 passing By -Law No. 2009 -172 being a by -law to temporarily remove the public right of passage over a highway. This by -law included provisions to "allow temporary passage of pedestrians and human powered vehicles." These resolutions were forwarded to the Town of Niagara -on -the -Lake as both municipalities have a vested interest in reestablishing the safe and functional use of this inter - municipal connector road. The Town Council, at its meeting of December 14, 2009 adopted the recommendations of its Public Works Advisory Committee requesting the City to reconsider its position regarding the continued use of the bridge for non - vehicular traffic. In addition, the Town offered its support to the City in any application for Federal or Provincial Funding for the replacement of the structure. A Public Information Centre was held on Thursday, January 14, 2010. The details of this session will be provided in a future report. FINANCIAL IMPLICATIONS Upon completion of the EA process staff is recommending that the City make application for funding to the Gateways and Border Crossings Fund (GBCF) administered by Transport Canada. Under this program, the Federal Government will contribute up to 50% of the eligible costs of the project. The remaining share could be split in accordance with the cost apportionment formula specified in the Canada Transportation Act for grade separation projects (i.e., bridges). The application will be made immediately upon the completion of the EA. For budget purposes the following cost - sharing formula should be used; GBCF Funding (50 %) $1,500,000 CN Rail Share (7.5 %) $ 225,000 City's Share (42.5 %) $1,275.000 Total Project Cost (est.) $3.0 million The City's portion of this project is not included in the five -year Capital Forecast and in order to accommodate this investment in the 2010 Budget it will be necessary to defer one or more tax - supported projects. A decision in this regard is premature until a more accurate cost estimate and the funding eligibility for this project have been confirmed. These preliminary figures are being provided for information only and subject to change. 'January 25; 2010 COMMITMENT TO COUNCIL PRIORITIES ATTACHMENTS Recommended by: Approved by: Respectfully submitted: -3- MW- 2010 -03 The recommendation contained in this report is consistent with Council's priorities to identify and evaluate alternative sources of revenue and to establish infrastructure investment priorities. 1. Report MW- 2009 -42 2. Report MW- 2009 -59 3. Report TS- 2009 -44 4. By -Law 2009 -172 5. Letter from the Town of NOTL, December 15, 2009, Geoff Holman, r ector of Municipal Works Ed Duj ovi9, Executive Director of Corporate Services Ken Todd, Chief Administrative Officer e , CROSS SECTION g sru.1 AP,,,ENT f CVT, A301,00 8PC.S. BRIDGE SPAN Deka. Figure 4.1 - Preferred Design Concept R &C- 2010 -15 Niagaraaalls June 28, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture Transportation Services SUBJECT: R &C- 2010 -15 Advertising Policy RECOMMENDATION That Council approve the attached Advertising Policy, effective June 28, 2010. with an amendment that no political advertising be permitted. EXECUTIVE SUMMARY The Advertising Policy will guide staff to safeguard the City's corporate values, image, assets, and interests while increasing the opportunities for revenue generation. This policy applies to all relationships between the City of Niagara Falls and businesses, organizations and individuals that contribute either financially or in -kind to City programs, services or facilities in return for recognition, public acknowledgment or other promotional considerations. This includes special event sponsorship and paid advertising on City property, at City events, and in City publications. The proposed Advertising Policy will be applicable to all Departments within the corporation. BACKGROUND Staff has researched municipal advertising policies from Ottawa, Oshawa, Kingston and Thunder Bay to develop consistent principles and conditions to protect the City's image. The following principles and conditions are similar to other municipal advertising policies. All sponsorship and advertising contracts must comply with federal and provincial statutes, municipal by -laws, and the standards set out by the Canadian Advertising Standards Council; • The City will maintain control over the planning and delivery of sponsorship activities; • Contracts will not, in any way, invoke future consideration or influence, or be perceived to influence the day -to -day business of the City; • The relationship must not cause a City employee to receive any product, service or assets for personal gain or use; • Advertising devices must not impact the quality and integrity of the City's properties, buildings or street scape and will not provide any added risks to safety; June 28, 2010 - 2 - R&C- 2010 -15 The advertisement of a product or service does not act as the City's endorsement of any product or service over another. The City will not allow advertising, either directly or through third party arrangements that: • Convey a negative religious message that might be deemed prejudicial to religious groups; • Promote alcohol and other addictive substances, at any venues; Present demeaning or derogatory portrayals of individuals or groups or contain anything, which, in light of generally prevailing community standards, is likely to cause deep or widespread offence; Promotes, or may be construed to promote, a political party or candidate during municipal, provincial or federal election campaigns, so as to avoid any impression that the City is supporting any particular party or candidate. ANALYSIS /RATIONALE The Advertising Policy of the City of Niagara Falls sets out appropriate and consistent guidelines for managing public advertising media and space while maximizing revenue opportunities. The City recognizes the sale of commercial advertising media and space as an appropriate revenue source to offset the costs of municipal business by supplementing user fees and avoiding additional taxation. Recreation & Culture and Transportation Services have expanded available advertising opportunities to generate additional revenue for their departments. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Advertising opportunities provide additional revenue for the City of Niagara Falls. Recreation & Culture's current advertising and sponsorship revenues are generated from the following areas: 1) Gale Centre ice board and logo potential revenue range of $90,000 to $120,000 per year, with a minimum of $25,000.00 per year will be guaranteed over a 5 -year contract; 2) Sponsorship for special events, $16,000 for Canada Day and the Santa Claus parade. Transportation Services' current advertising revenues are generated from the following areas: 1) Street Hardware - Recycling /garbage containers and pedestrian barriers - $2,640; 2) Bus Shelters - $21,150; 3) Bus advertising both inside and outside - $36,000. June 28, 2010 - 3 - R &C- 2010 -15 CITY'S STRATEGIC COMMITMENT One of the seven (7) strategic priorities identified in 2007 by Council were to `identify and evaluate alternative sources of revenue'. Given the fiscal challenges faced in 2010 and what is anticipated in future years, staff is reviewing potential new revenue sources through advertising revenues. The Advertising Policy will provide guidance to staff when evaluating new opportunities. LIST OF ATTACHMENTS 1. Draft Advertising Policy Prepared by: Respectfully submitted: KM /das cig Kathy Moldenhauer, Manager of Policy & Community Development Karl Dren, Director of Transportation Services Ken odd, Chief Administrative Officer DEPARTMENTS: RECREATION & CULTURE TRANSPORTATION SERVICES DATE EFFECTED: June 28, 2010 POLICY: Advertising R &C- 2010 -15 Policy Statement The City of Niagara Falls welcomes and encourages sponsorships and advertising that will generate revenue to support City services and projects. All sponsorships and advertising will: • Be consistent with the City of Niagara Falls's vision, mission and values. • Not compromise or contradict any by -law or policy of the City, or reflect negatively on the City's public image. • Be established in a manner that ensures access and fairness, and results in the optimal balance of benefits to the City and the community. Purpose The primary objective of this policy's parameters and guidelines is to safeguard the City's corporate values, image, assets, and interests while increasing the opportunities for revenue generation. Scope This policy applies to all relationships between the City of Niagara Falls and businesses, organizations and individuals that contribute either financially or in -kind to City programs, services or facilities in return for recognition, public acknowledgment or other promotional considerations. The policy applies to the following: • Program and special event sponsorship • Paid advertising on City property, at City events, and in City publications Definitions Advertising Advertising is the sale to an external company, organization, enterprise, association or individual of advertising space on City printed materials or property, at City events, or in conjunction with a City program. Unlike sponsorship, advertising involves the simple purchase by an advertiser of advertising space sold at rates determined by the City. The purchaser of this space is not entitled to any additional benefits other than those accruing from access to the space purchased. City Property All land, parkland, playing fields, buildings, vehicles, bus shelters, street hardware, facilities, mobile signage, etc owned and/or managed under a lease or license by the City. Sponsorship A mutually agreed upon written arrangement between the City of Niagara Falls and an external company, organization, enterprise, association or individual whereby the external party (sponsor) contributes money, goods or services to a City of Niagara Falls facility, program, project, or special -2- event in return for recognition, acknowledgment, or other promotional considerations or benefits. This does not include donations and gifts, or advice to the City where no business relationship or association is contemplated or is required and where no reciprocal consideration is being sought. Forms of Sponsorship Cash — A sponsorship received in the form of money. In -kind — Goods or services of value to the City are received rather than cash. Principles and Conditions • All sponsorship and advertising contracts must comply with federal and provincial statutes, municipal by -laws, and the standards set out by the Canadian Advertising Standards Council The City will maintain control over the planning and delivery of sponsorship activities. The City shall have the right to cancel or revoke the approval of any previously approved advertising location. In the event, a new outdoor advertising location falls within the boundaries of a local Business Improvement Area, written consent must be obtained from the Business Improvement area prior to the installation. Contracts will not in any way invoke future consideration or influence, or be perceived to influence the day -to -day business of the City. • The relationship must not cause a City employee to receive any product, service or assets for personal gain or use. • Advertising devices must not impact the quality and integrity of the City's properties, buildings or street scape, and provide no added risks to safety. • The advertisement of a product or service does not act as the City's endorsement of anyone product or service over another. • The applicable Director will have the responsibility of determining the appropriateness of advertising requests and will not accept advertising even when related to recreation services and products that are not compatible with the values of a healthy city or positive recreation experiences. • The sponsorship and advertising opportunity should be appropriate to the target audience. Restrictions for Sponsorship and Advertising The advertisement shall be of good character and appearance, free from vulgarity or indecent suggestions of any kind or nature. The corporation has the right to remove if deemed offensive in nature. The City will not solicit or accept sponsorship or advertising from companies whose reputation could prove detrimental to the City's public image and/or whose main business is derived from: • The sale of tobacco or alcohol Pornography or related adult entertainment industry The support of, or involvement in the production, distribution, and sale of weapons and other life - threatening products. The City will not allow advertising, either directly or through third party arrangements that: • Convey a negative religious message that might be deemed prejudicial to religious groups. • Promote alcohol and other addictive substances, at any venues. -3- Present demeaning or derogatory portrayals of individuals or groups or contain anything, which, in light of generally prevailing community standards, is likely to cause deep or widespread offence. Promotes, or may be construed to promote, a political party or candidate during municipal, provincial or federal election campaigns, so as to avoid any impression that the City is supporting any particular party or candidate. Advertising Rates The City's rental rates for advertising space will reflect market value which may vary depending on the location of the space. The City will, unless circumstances warrant otherwise, rent advertising space on a first -come, first -served basis. Administrative Requirements All sponsorship and advertising contracts will be evaluated on an annual basis to determine continued benefit. The City reserves the right to terminate an existing sponsorship or an advertising contract should a condition arise that makes it no longer in the best interests of the City. Responsibilities Staff approving sponsorship and advertising proposals must ensure that all relevant by -laws and policies are adhered to and appropriate consultation and approval authorities are respected. City staff is responsible for ensuring that third party advertising relationships abide by the restrictions noted in this policy. CAO- 2010 -06 Niagararalls June 28, 2009 REPORT TO: Councillor Carolynn loannoni and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Chief Administrative Officer SUBJECT: CAO- 2010 -06 Gale Centre Ice Incident RECOMMENDATION That the report be received for the information of Council. EXECUTIVE SUMMARY At the Community Services Committee held on June 14, 2010, a report was requested on the incident which occurred on June 3, 2010 at the Gale Centre complex. Due to a power surge that occurred on June 3, 2010, the refrigeration system lost power, resulting in the loss of some of the ice in the complex. The following day, staff worked diligently to restore the ice on two of the four pads. Two of the pads were not affected. As a result, an additional $5,133.00 in costs was incurred and staff is investigating who is responsible for these costs, due to the fact the City had not yet assumed occupancy of the building. BACKGROUND During the evening of June 3, 2010, a power spike occurred at the Gale Centre. The spike knocked down many of the mechanical systems, some of which restarted automatically as intended. The refrigeration system must be manually restarted. At the time, the refrigeration system hadn't been fully commissioned. City staff had received some training, but the project had not achieved substantial completion, and the building itself was not yet in the possession of the City. City staff did not have keys to the building at this point, and occupancy had not occurred. Staff had been experiencing some difficulties with a compressor which was shutting off repeatedly. CIMCO, the mechanical contractor for the refrigeration system, reported that the difficulty was stemming from the balancing and integration of the HVAC and refrigeration systems which work together. The particular problem of the compressor was being caused by dirt in the screen filter from the ongoing construction, as it picked up material from the flows in the HVAC system. When this occurred, the refrigeration system still operated to maintain cooling. On this night, the spike caused both compressors to go down. June 28, 2010 At 7:00 a.m. on June 4, 2010, the Contractor for ice painting called the Manager of Recreation Facilities and reported that the ice painting from the previous day was beginning to bleed because the surfaces had become too warm. A call was made to the CIMCO who arrived at the arena within the hour. After reviewing his computer information he advised that a power spike caused the whole system to shut down. A survey of all four ice pads with the ice painting contractor and CIMCO was conducted. The ES Fox pad and the Lifetime Financial pad had experienced some bleeding in its logos and lines that detracted from the appearance of the ice pad. ANALYSIS /RATIONALE Although all four pads of ice could have been saved, there was some concern that the Fox and Lifetime ice surfaces may have debonded from the cement pad. This could have created future problems with the quality and safety of the ice. As the ice at this point was only 3/4 of an inch thick, a decision was made to remove it all and start over. Staff was striving to have ice in place once occupancy was granted which was expected within the next week. The decision was made to have staff work extra hours to get back on track faster. The City has since assumed occupancy of the building and procedures have now been put in place to ensure that monitoring of the systems on a 24 -hour basis are in place. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Additional costs were incurred for this incident. They included the following: Ice Painting Extra Staffing $ 3,512.00 $ 1,621.00 $ 5,133.00 Staff and the Project Manager are reviewing with the General Contractor who is responsible for the additional costs. CITY'S STRATEGIC COMMITMENT - 2 - CAO- 2010 -06 One of the key Strategic Priorities set by Council for the 2007 - 2010 Term was "Move forward with the Arena Complex development project. On Monday, May 7, 2007, City Council approved the exciting Niagara Falls Arena Complex Project — a four -pad arena complex located at Fourth Avenue and Stanley Avenue." The Gale Centre is set to open at the end of June 2010. Respectfully submitted: Ken Todd, Chief Administrative Officer FS- 2010 -09 NiagaraJalls June 28, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Fire Department SUBJECT: FS- 2010 -09 Open Air Burning RECOMMENDATION That Council support the existing open air burning by -law. EXECUTIVE SUMMARY Open air burning is one of the few areas that the Fire Protection and Prevention Act (FPPA) allows municipalities the discretion to pass a by -law regulating the setting of open air fires. Changes relevant to open air burning were made to the FPPA and became effective January 1, 2003. In the absence of the requirements not being covered by a municipal by -law, the requirements of the Ontario Fire Code are applicable. The Ontario Fire Code prohibits open air burning in the Province, except under the following conditions: 1) the burning consists of a small fire, supervised at all times and used to cook food on a grill; 2) an appliance that conforms to the Technical Standards and Safety Act, 2000 (such as approved propane and natural gas appliances) is used and installed in accordance with the manufacturers instructions. The City of Niagara Falls has passed a municipal by -law (attached) respecting fires set in the open air. The Fire Department currently administers the provisions of this by -law as well as enforcing the requirements of the Ontario Fire Code. In 2009, Council approved the application of a fee of $350.00 to be charged to the owner for the second and all subsequent responses for open air burning (FS 2009 -02, attached). BACKGROUND The Niagara Falls Fire Department responds to approximately 300 open air burning responses each year. The severity of the responses ranges from neighbour disputes, emergency medical responses involving respiratory distress, smoke migration affecting traffic safety and fires involving property, vegetation and materials hazardous to the environment. June 28, 2010 The Niagara Falls Fire Department works diligently facilitating and approving requests to burn in accordance with the municipal by law. This process frequently involves site visits, meetings and monitoring to ensure compliance with the requirements of the by -law and public safety. The Fire Department often receives inquiries from members of the public concerning the use of "chimineas" and other similar structures sold at local stores. The members of the public who make the inquiry are informed that the Ontario Fire Code does not permit the use of the majority of these devices, save and except for those appliances that conform to the requirements of the Technical Standards and Safety Act. Additionally, those appliances not approved by the Technical Standards and Safety Act frequently have a statement on the packaging to "check with your local fire department prior to use ". The Niagara Falls Fire Department provides further education to the public on the requirements of the Ontario Fire Code and the municipal by law regarding open air burning during Fire Prevention Week, through the local newspapers and on the radio. The Niagara Falls Fire Department has had extensive experience with open air burning calls in our city. Most calls result from either smoke from a fire being mistaken for a structure fire or calls from disgruntled neighbours who are either bothered by smoke or the activities associated with recreational open air burning. Damage to structures in proximity to open air burning has also been experienced and in one case open air burning spread to neighbouring properties destroying grassland, woodlot, rail ties and threatened movement of rail transportation as the fire spread across the tracks. ANALYSIS /RATIONALE The Fire Department is attempting to limit the number of burning by -law responses as they commit available fire crews to numerous non - emergency calls and in many cases place fire crews into a dispute mediation situation. Limiting the frequency of open air burning responses increases the sustainability of current response staffing for a longer period of time. LIST OF ATTACHMENTS 1) FS 2009 -02 Amendment to User Fee By -Law for Fire Prevention and Fire Suppression Services 2) Bylaw No. 72 -211 Hand -out 3) Copy of SRS Request #3171, Fran `• Zarleng Recommended by: Respectfully submitted: JJ /LS:tc - 2 - FS- 2010 -09 e Smith, Fire Chief Ke Todd, Chief Administrative Officer February 23, 2009 Councillor Victor Pietrangelo and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagar art I1s An overview of fees to be charged is as follows: 1) Non - resident Motor Vehicle Responses Working Together to Serve Our Gotnnutnity FS- 2009 -02 The recommendation(s) contained in this report were adopted by City Council Re: FS- 2009 -02 Amendment to User Fee By -Law for Fire Prevention and Fire Suppression Services That Council approve the report initiating amendments to the User Fee By -law for fire prevention and suppression services. Niagara Falls Fire Services provides a number of fire prevention and suppression services to the public, both residents and non residents of the city. Amending this by -law will introduce new fees designed to partially recover costs associated with providing varied services to the public. The proposed user fees are calculated on a cost recovery basis and industry standards intended to offset some or all costs in delivering services and will not in any way compromise access by the public to fire protection services. In addition, these fees will not, in any manner, jeopardize public fire safety. The recommendation is that Niagara Falls Fire Services charge a fee for responses to incidents on city streets involving motor vehicles owned by residents living outside the municipal boundaries of the City of Niagara Falls. A number of municipalities in the Province of Ontario already have this user fee in place, including Toronto, Hamilton, London, Windsor, Mississauga, Oakville and Burlington. The citizens of the City of Niagara Falls pay for services provided by Niagara Falls Fire Services through their municipal taxes(' Individuals residing outside of the City of Niagara Falls may Fire Services February 23, 2009 - 2 - FS- 2009 -02 presently receive some of those same services at no cost. In 2008, Niagara Falls Fire Services responded to 191 motor vehicle incidents; based on statistics from those municipalities with this user fee, approximately 5% of those responses involved vehicles owned by persons living outside of the respective municipality. The proposed fee to be charged is based upon the established Ministry of Transportation rates that are presently billed for responses on Provincial highways. The rate would be $350.00 per apparatus for the first hour or part thereof and $175.00 per piece of equipment for each additional half -hour or part thereof. This proposed fee is intended to offset some or all of the costs in delivering a service to a non - resident of the City of Niagara Falls. The overall costs for providing emergency services to resident taxpayers are minimized by shifting specific cost recovery to those who actually use the service. Non - residents may be able to recover this fee from their insurance company. 2) Second Response for Open Air Burning The recommendation is that Niagara Falls Fire Services charge a fee for any second emergency response to an address or property where open air burning is being conducted without the required approval from Niagara Falls Fire Services or where the owner is not in compliance with the requirements of the Burning By -law. After an initial response, the owner is provided a copy of the Burning By -law and warned by the responding emergency vehicle that a subsequent occurrence will result in not only prosecution for violation of the Ontario Fire Code, but also a charge for the responding emergency vehicle. The proposed fee to be charged is based upon the established Ministry of Transportation rates that are presently billed on Provincial highways. The rate would be $350.00 per apparatus for the first hour or part thereof and $175.00 per apparatus of equipment for each additional half hour or part thereof. In 2008, Niagara Falls Fire Services responded to 397 responses for open air burning; approximately 40 of those responses were for a second occurrence. 3) Re- inspection Fee The recommendation is that Niagara Falls Fire Services charge a fee when re- inspections are required for outstanding violations of the Ontario Fire Code. The Ontario Fire Code states compliance with its provisions is the responsibility of the owner. This user fee would promote more timely compliance with the requirements of Niagara Falls Fire Services by imposing an automatic fee for re- inspections when an owner is non compliant with the requirements of the Ontario Fire Code or other municipally legislated Fire Services requirements. The re- inspection fee would be based on partial cost recovery (calculated on staff time spent) and would apply to owners when a re- inspection is required to ensure all violations of the Ontario Fire Code have been corrected. A fee of $100.00 is proposed for the second and each subsequent re- inspection. February 23, 2009 Recommended by: Respectfully submitted: (_- J. Jessop:tc - 3 - FS- 2009 -02 This fee has the potential to improve public fire and life safety by providing a financial incentive to comply with the requirements of the Ontario Fire Code. The resources of Niagara Falls Fire Services would not be committed to countless re- inspections and could be reallocated to additional fire prever}ton and public education activities. Lee Smith, 'Fire C(iie Ed Dujlovic, Executive Director of Community Services • MT (QM I )) THE FOLLOWING : OWIN INFORMATION IS A C E 3 Tr Y F N s-..r INFORMATION, YOU E . .�.G����uiD,(. a�' �>L, �. r�stzCc `�lvit MUST REFER TO THE FULL BY- LAW. A COPY MAY BE OBTAINED FROM THE FIRE PREVENTION OFFICE OR THE CITY CLERKS OFFICE AT CITY HALL. 1. PERMISSION FOR ALL FIRES MUST BE GRANTED BY THE FIRE PREVENTION OFFICE OF THE NIAGARA FALLS FIRE DEPARTMENT. 2. BURNING IS ONLY PERMITTED BETWEEN 8:00 a.m. AND 6:00p.m. 3. SOMEONE MUST BE IN CONSTANT ATTENDANCE. 4. METAL OR MASONRY CONTAINER WITII 1/2" (13mm) MAXIMUM MESH COVER. 5. THERE SHALL BE NO BURNING ON WINDY DAYS. 6. APPROVED FIRE EXTINGUISHING EQUIPMENT MUST BE PROVIDED ON SITE. 7. (a) RESIDENTIAL AREAS, AT LEAST 50 FT. (15m) FROM ANY BUILDING, WOODEN FENCE OR OTHER COMBUSTIBLE MATERIAL OR LIQUID. (1) AGRICULTURAL OR INDUSTRIAL AREAS AT LEAST 100 FT. (30rn) FROM ANTI` • BUILDING. (c) WHEN BURNING BRANCHES OR PRUNLNGS, NOT IN A METAL OR MASONRY CONTAINER (ONLY ALLOWED IN AGRICULTURAL AREAS), THE DISTANCE MUST BEAT LEAST 200 FT. (60m) FROM ANY BUILDING. 8. IF SUCH FIRE INTERFERES WITH ANYONE, ONE, THE FIRE MUST BE EXTINGUISHED. 9. NO BURNING OF ANY DEMOLITION MATERIALS (FENCE, BUILDING, ETC.) IS ALLOWED. 10. NO BURNING ON ANY ROAD ALLOWANCE OR OTHER MUNICIPAL PROPERTY. 11. (a) NO BURNING ON OR ADJACENT TO A BUILDING OR STRUCTURE UNDER CONSTRUCTION. (b) OR PROPERTY WHERE IT IS KNOWN WHERE EXPLOSIVES OR FLAMMABLE MATERIALS ARE STORED. (c) OR PROPERTY WHERE THERE IS A LARGE GATHERING OF PEOPLE. 2. CHARCOAL, ELECTRIC AND GAS FIRED BARBECUES, WHEN USED FOR THE PREPARATION OF FOOD, ARE ALLOWED UNDER THE BY- LAW, PROVIDED THE BARBECUE IS NOT LOCATED ON A BALCONY OR ANY OTHER UNSAFE PLACE. • THE PENALTY FOR NOT FOLLOWING THE BURNING BY -LAW IS A FINE OF UP TO 52,000 OR IMPRISONMENT FOR UP TO ONE YEAR OR BOTH. MODIFY REQUEST 3171 |nfbnnntionSemces Web Mast Franco Zarlenqa (External) Send e-mail to Requestor Entered By: m|omuUon So,v'ces Web Master Dear Sir orM»jux/p, JUokx:Cum''md Franco �o'|~^ya Entered By: Clerk's Services - Dean lorfida Dean lorfida City Clerk Add Requestor Add Attachment Printed On. 6;21[2010 10:01:30 AK by Lee Smith Fire Services Multiple Assignments Chck here to update Assignments Quick Close 5/4/2010 8:58:26 AM • • 7/ 41 Request Extension No property in ormation has been enterecl for this request 5/4/20108.56:20AM ) am m|*m,te4 m hnnmU out more m[un:u6'm on How to get u bylaw n`oieqg'L Last m;x/ | received s visit from the h.c department vvhdo enjoying abonh'+mihafev,t friends and mm`ingwsin.`nfor ! understand the bylaw mou[ooadm avoid n':nid:n<x and yrcvnnihm,;e/uncunko1ud fires. nm i uohev,ir,='yoS'Ch:o'nrn should he nnaccept|no 8 the fire /omam^ in control, and the Uaoto:e '|o eff. exc..." 2 feet from the mx oi c,"ioo`a 1 a*n o[lots of /g»/dents who would u�o!,in l)>|�,f)changed flow w^.|V| n/mo�U�/iio�Vx��',";"r 5/19/2010 11:54:08 AM Fire staff will review your request and will provide a future report to Council. We will let you know when that report will be coming forward. F- 2010 -43 Niagaraaalls June 28, 2010 REPORT TO: Councillor Carolynn loannoni, Chair Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -43 Water Sustainability Plan Report RECOMMENDATION That Council approve the Water Report as submitted. EXECUTIVE SUMMARY The Province of Ontario requires that each municipality is responsible for providing water to its residents develop a Long Range Financial Plan. This plan is a requirement of the Province's Regulation O.Reg 453/07 and must be approved by July 1, 2010 to meet the licencing requirements under the regulation. The City engaged BMA Management Consulting Inc. to provide the report for Council's approval. The report identifies that the drinking water system is financially viable based on the best information today. BACKGROUND In 2000, the Provincial government enhanced the reporting requirements of the municipal service providers, as a result of the Walkerton Commission. Municipalities are required to operate the water delivery system within the increased regulations developed by the province. Enhanced reporting on water qualities, enhanced testing, enhanced staff training are all outcomes of the act. The final requirement of the licencing process is the development of a financial plan based on the new reporting requirements for capital assets under PSAB 3150. This report identifies that the revenue projected to be generated will be sufficient to meet the systems requirements over the next few years. ANALYSIS The BMA report is a combination of the Utility Operating Budget, the Capital Works Budget and the capital assets information identified over the last three years. The BMA report indicates that in the immediate term that revenues are sufficient to maintain the distribution network. It is important, however, to develop a long term pricing strategy that ensures that adequate funding is generated to maintain the system. Staff is committed to a review of the billing agreement with NPEI in Tight of changes facing NPEI and to review the rate structure once the Region of Niagara's review of its billing methods is complete. June 28, 2010 - 2 - F- 2010 -43 FINANCIAL IMPLICATIONS At present, no additional implications are evident as the report indicates that the current operating and capital budgets are sustainable within the confines of the budget. However, as the City will be looking at alternative pricing structures for 2011, it should be evident that total revenues generated under a new system must be equal or greater to maintain long term viability. The report indicates that the present level of the revenue budget to be revised is adequate to meet the spending requirements known at present. The BMA report suggests that annual rate increases of 2.18% over the next five years will be adequate to meet the planned financial expenditures. However, the impacts to the potential Regional rate changes and any significant changes in water flows are not factored into the model. In addition, a capital asset management plan water assets will be provided with the 2011 Budget. The factors will be addressed at the time of the annual budget setting. LIST OF ATTACHMENTS Water Long Range Financial Plan Recommended by: Respectfully submitted: Todd Harri orb, Director of Financial Services Ken Todd, Chief Administrative Officer F- 2010 -39 Niagaraaalls June 28, 2010 REPORT TO: Councillor Carolynn loannoni, Chair Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -39 Water Billing Report RECOMMENDATION That Council approve the monthly billing of combined water /hydro accounts by Niagara Peninsula Energy Inc. effective August 2010. EXECUTIVE SUMMARY The City of Niagara Falls engages Niagara Peninsula Energy Inc. (NPEI) to provide water billing /collection services on its behalf. In early 2010, staff at NPEI decided to change the timing of hydro billing to monthly from bimonthly for residential properties. City staff at the time of notification, were not prepared to modify water billing to coincide with hydro billing due to the expected additional costs of bill delivery. Staff has met with NPEI staff and has identified that for a segment of water account holders of hydro, there will be no additional cost of delivery. These accounts known as combined billing accounts will be moved to monthly billing from bimonthly. There are approximately 11,000 accounts that are combined. All other non - monthly accounts will be billed bimonthly. This will be in effect August 2010. BACKGROUND Staff has undertaken a review of the water billing agreement with NPEI and the rate structure. Staff will report back to Council prior to the development of the 2011 Utility Budget. In 2000, the City began the process of billing residential water accounts based on a meter system. This system replaced the fixed quarterly charges. As a consequence of the changeover to a metered system, Council approved the transfer of water billing /collection to NPEI. As staff had identified during the 2010 Utility Budget discussions, changes in legislation for hydro services, particularly the transition to smart meters and the current pricing changes at the Region of Niagara on the cost of treated water to the City requires that staff review the billing arrangement prior to the 2011 budget. The reason for reviewing the arrangement is to ensure that the system of billing continues to be most effective /efficient system under the new factors. One change initiated by NPEI was to move hydro billing to monthly for the majority of noncommercial accounts effective April 1, 2010. Initially, Finance staff believed that the costs of providing monthly billing would double and be unnecessary. June 28, 2010 - 2 - F- 2010 -39 However, since the time that the Utility Budget was approved, staff has had opportunity to meet with Hydro officials and have determined that there are no additional costs for the combined water /hydro accounts since the meters will continue to be read bimonthly with estimates used in the off months. Consequently, staff has no objection to moving water billing to monthly for those accounts. However, for those water accounts provided independently of the hydro bill, there will be a cost increase for the billing of these accounts. As a result, those accounts will continue to be billed independently. ANALYSIS City staff continues to await an outcome of the Region's water rate review to determine the impact on City water rates and billing practices. In addition, City staff awaits direction from NPEI staff of the impacts on water billing costs when NPEI begins using Smart Meter Technology in 2011. Both of these factors will be considered as part of the City's initial review of billing procedures, which is scheduled for this fall. FINANCIAL IMPLICATIONS The costs of water billing have increased from the time that NPEI began billing but is done on a full cost recover methodology. The charges proposed at the Region on the fixed component of water billing and the NPEI's use of smart meters may change the cost efficiency of this arrangement. As a result, staff has undertak: n a review to ensure that City ratepayers are provided the most effective and efficient bill ng and collection process. Recommended by: Respectfully submitted: 11 44 Direct"' 07 Todd Harris Financial Services Ken Todd, Chief Administrative Officer F- 2010 -40 NiagaraJalls June 28, 2010 REPORT TO: Councillor Carolynn loannoni, Chair Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -40 2009 Reserves and Reserve Funds RECOMMENDATION The City Council receive this report on the 2009 activity in reserves and reserve funds. EXECUTIVE SUMMARY The Finance Department provides annual reports on the collection and uses of reserve funds during a previous fiscal year. This report shows that in total, the reserves have decreased, consistent with the use of reserves on the Convention Centre project. BACKGROUND Reserves and reserve funds are authorized by City Council via The Municipal Act and other legislation. Reserves and reserve funds are designated and approved by Council for a variety of operating and capital uses. This designation process enables Staff to plan the implementation of services and capital projects using reserves and reserve funds as a source of funding in future years. The following is a brief explanation of the kinds of reserves and reserve funds. When reserves are created, the amounts are appropriated from net revenue in the same year and then used for those same purposes in a subsequent year. Reserves may be established for any municipal purpose. A reserve fund differs from a reserve in that reserve funds assets are segregated and restricted to meet the purpose of the reserve fund. There are two types of reserve funds: obligatory reserve funds and discretionary reserve funds. ANALYSIS /RATIONALE Reserves Reserve for working funds In most municipalities, accounts have to be paid before taxes, grants, and other revenues become available, including revenues still to be collected for the previous year. June 28, 2010 - 2 - F- 2010 -40 A municipality can obtain a short -term loan to meet this need, but borrowing incurs interest charges. In order to reduce and, if possible, avoid short -term borrowing, a working fund reserve is one financial management technique that can be helpful. It is also a cash management device to enhance cash flow. Reserve Funds Obligatory reserve funds are to be used solely for the purpose prescribed for them by Statute. ► Park Purpose ► Municipal Parking ► Development Charges ► Gas Tax Discretionary reserve funds may be used for a number of different purposes. Some examples of these are: ► Future expenditures for capital projects ► Debt retirement ► Levy or user fee stabilization ► Promotion of special projects FINANCIAL IMPLICATIONS Attached is a copy of the reserves and reserve funds for 2009 showing the balances at January 1, 2009, the amounts added, the amounts used in 2009, and the balances at December 31, 2009. The chart identifies that the reserves in total decreased from $99.4 million at the end of 2008 to $87.3 million at the end of 2009. This reduction is consistent with the use of reserve funds for the Convention Centre project as the provincial funding partners had provided their commitment prior to construction. It is anticipated that the use of reserves will continue for 2010 as construction of the Convention Centre. LIST OF ATTACHMENTS 2009 Reserves and Reserve Funds Recommended by: Todd H inancial Services Respectfully submitted: Ken Todd, Chief Administrative Officer TOTAL RESERVES CAPITAL HOLDING RESERVE RESERVE FUNDS (Set aside by Council) Obligatory Development Charges Development Charges bylaw 99 -144 Federal Gas Tax Rebate - Infrastructure Federal Gas Tax Rebate - Transit Transit Gas Tax Rebate 2% Prklnd Dedictn - Chippawa 2% Prklnd Dedictn - River Road 2% Prklnd Dedictn - Whirlpool 2% Prklnd Dedictn - Lundy's Lane 2% Prklnd Dedictn - Fallsview 2% Prklnd Dedictn - Clifton Hill RESERVE FUNDS (Set aside by Legislation) Public Purpose (Planning Act) Municipal Parking TOTAL RESERVE FUNDS 66,712,946.01 2009 CITY OF NIAGARA FALLS RESERVES AND RESERVE FUNDS OPENING TOTAL OPERATING CAPITAL TOTAL CLOSING JAN.1 /09 CONTRIBUTIONS USES USES USES DEC. 31/09 RESERVES Special Purposes 19,447,177.34 6,423,398.34 (4,562,601.83) (2,190,101.49) (6,752,703.32) 19,117,872.36 Working Capital 265,000.00 - 265,000.00 Watermain Improvements - Metering Program - - 12,982,786.60 F 2010 - 40 19,712,177.34 6,423,398.34 (4,562,601.83) (2,190,101.49) (6,752,703.32) 19,382,872.36 2,002,284.97 (3,085,323.35) (3,085,323.35) 11,899,748.22 308,652 45 2,170 93 (38,500.00) - (38,500.00) 272,323.38 10,743,105.77 1,971,018.71 (12,297 88) (4,253,865.57) (4,266,163.45) 8,447,961.03 557,014.70 2,600,931.53 3,17753 3,177.53 3,161,123.76 143,691.09 7,057.15 (292 71) (150,455.53) (150,748.24) - 2,112,263.35 874,753.18 (532,000 00) (2,109,379.34) (2,641,379 34) 345,637.19 15,632.73 170.56 - 15,803.29 2,886.82 31.66 - 2,918 48 33,733.28 369.22 - - 34,102.50 135,483 79 6,968 13 482.80 - 482.80 142,934 72 652,170.28 7,095.58 - - - 659,265.86 270,660.24 2,944 74 (75,261.41) (75,261.41) 198,343.57 Discretionary Collins/Toby - Debenture 98 -2001 30,560.80 336.89 (10,000 00) (10,000.00) 20,897.69 Erwin /Barnett - 40 yr licence agreement 16,797.49 184.60 (1,863.84) - (1,863.84) 15,118.25 Long -40 yr licence agreement 12,493.88 136.80 (1,383.76) - (1,383.76) 11,246 92 Terrio - 40 yr licence agreement 14,630.92 155.84 (1,412.00) - (1,412.00) 13,374 76 Sick Leave Liability 1,125,814.57 70,827.35 5,153.94 - 5,153.94 1,201,795 86 L L. Battlefield Debenture 98 -2001 44,289.03 480.34 (14,500.00) (14,500.00) 30,269 37 Workers Compensation 180,118 41 407,960.81 - 588,079.22 Fire Stn #5 - Willoughby - Mtg fund 48,234.27 523.59 (16,690.70) (12,642 49) (29,333 19) 19,424.67 NF Hydro - Debenture #8416 -96 - - - Recreation Trail Development 69,797.91 1,357 45 - - 71,155.36 Capital /Operating Fund 6,761,768.68 439,290.64 32,172 91 32,172.91 7,233,232 23 Tree Planting - Developers 1,262.11 15.50 - 1,277 61 Park Development 17,195.80 186 04 - 17,381.84 Sewer and Water Impost 1,263,203 82 79,206.31 5,757.45 5,757.45 1,348,167 58 Expansion and Renewal 219,040.16 12,383 74 881.12 - 881.12 232,305.02 Conrail Drainage 608,172.80 37,195 24 2,570.95 - 2,570.95 647,938.99 Prepaid Subdivision Work 194,571 49 9,814.84 675 92 675.92 205,062 25 Sidewalk Construction 287,807.42 15,071.89 1,050 09 1,050.09 303,929 40 Future Municipal Works 784,976.80 47,927 30 3,464.14 - 3,464.14 836,368 24 Lot Drainage 157,049 00 6,784.33 446 59 446.59 164,279.92 Library Special Projects 311,458.52 3,172 23 - 314,630.75 Library Property Maintenance 267,752 52 52,913.08 - - 320,665 60 Library Automation Fund 308,276.93 52,054.63 - - - 360,331 56 Sanitary (Recycling Surplus) 376,303.41 21,247.17 1,508.76 1,508 76 399,059.34 Sports Fnd - new equip /program 4,882.11 49.24 - 4,931.35 Projs - Special Needs' Children 15,382.76 168.47 15,551.23 Heritage Week 58,009.01 632 61 (58,641.62) - (58,641.62) Coat of Arms 2,244.72 27.14 - - 2,271.86 Niagara Tunnel - Comm'ty Imprvmt 580,647.07 21,418.65 (296,277.54) - (296,277.54) 305,788.18 OPG Agreement - - - Water Patrol Boat 31,929 57 351.63 - 32,281.20 Branscombe Family Grant 3,670 95 41.84 3,712.79 Convention Centre 36,463,463.59 757,088.46 (17,165.66) (10,500,000 00) (10,517,165.66) 26,703,386.39 Fire - Interop Radios Debenture - bylaw 56 -2006 66,550 02 723.69 (8,375 00) (2,376.27) (10,751.27) 56,522.44 Fire - Aerial Firetruck Debenture 175,128 41 7,400.04 (21,467.24) (2,376 28) (23,843.52) 158,684.93 Niagara Falls Sports Foundation 22,000 00 (21,032.80) (21,032 80) 967.20 Chippawa Arena Debenture 42,318 16 - 42,318.16 Kalar Park Turf Debenture 36,109 39 - 36,109.39 614,823 36 56,932 62 820.79 619,343.20 35,212.71 2,450 24 (225,000 00) (224,179.21) 447,576.77 (87,683.21) (85,232.97) 569,322 94 7,713,212.65 (991,287.52) (17,419,040.10) (18,410,327.62) 56,015,831.04 TOTAL OF ALL RESERVES 8 RESERVE FUNDS 99,407,909.95 16,138,895.96 (5,553,889.35) (22,694,464.94) (28,248,354.29) 87,298,451.62 PD- 2010 -52 Niagarapalls June 28, 2010 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development Department SUBJECT: PD- 2010 -52 Request by the Downtown BIA to Utilize Funds from the Downtown CIP Reserve RECOMMENDATION For the consideration of Committee and Council. EXECUTIVE SUMMARY The Downtown BIA will be making a presentation to Community Services Committee on June 28 2010 requesting the utilization of funds from the current CIP Reserves for certain activities. These activities include: the allowance of 2 hours of free parking along Queen Street for the remainder of 2010; to host events on weekends over the upcoming summer; to partner with the Festival of Lights for lighting displays along Queen Street during the winter; and to extend the installation of fibre optic cable for businesses along Queen Street. The BIA considers these four items as key needs to encourage the continued revitalization the Downtown. BACKGROUND The Downtown BIA continues to actively promote new businesses in the Downtown. Many of the existing businesses experienced a difficult time during March, April and May of this year due to the closure of parts of Queen Street and other side streets for underground infrastructure work. Further streetscape work will commence this fall. A summary of the requested items are as follows: a) 2 Hour Free Parking The Downtown BIA is requesting 2 hour free parking along Queen Street for the balance of 2010. A map illustrating the areas of current on- street free and pay parking is attached to this report as Appendix 1. June 28, 2010 - 2 - PD- 2010 -52 The City's Director of Transportation Services has expressed concerns as it is felt that the parking spaces in front of stores will be used by employees and customers for extended lengths of time. Free parking will also have an impact on the monthly lease parking program. The gross annual downtown parking revenues is projected to be $215,000 of which $65,000 is from on- street parking and $150,000 is from parking lots. The revenues generated by the system are put back into the system to off -set operational and capital expenses. For 2010, all revenues realized by the Municipal Parking System are being transferred to the General Purposes Budget to offset expenditures. Free Downtown parking on Queen Street will impact the Parking Operations and Parking Control budgets. The anticipated loss revenue to accommodate free parking could be approximately $100,000. It should be noted that there will be further disruption on Queen Street this fall as a result of the streetscaping work which is to begin immediately after Labour Day. Sidewalks are planned to be lifted and replaced. Parking machines will be removed during part of this period which will impact the parking revenues along Queen Street. Secondly, Council generally waives fees for Downtown parking during the month of December for the Christmas shopping season. If the Committee and Council wishes to allow 2 hour free parking on Queen Street from July to December, it is recommended that the lost revenue be taken from the Downtown CIP Reserve. b) Special Events During the Summer Months Springlicious 2010 was held June 5th, 6th and 7th and was a major success. There were counts of an estimated 15,000 people who attended this event despite the periods of rain that was experienced all three days. The positive results of the 2010 Springlicious Event illustrates the benefits for special events to be held Downtown on a regular basis. The Downtown BIA wishes to request $100,000 from the Downtown CIP Reserve to carry out entertainment on Friday nights and Saturdays during the summer. There are already plans for three weekends in the summer with Hot Rod Hootenanny on July 17th, Harley Show on July 30th and Blues Weekend at the end of August. c) Partnership with Festival of Lights The Downtown BIA has been discussing a partnership with the Festival of Lights for sometime now and steps are being undertaken to expand the Festival's lighting show from Bender Hill along Palmer Avenue and the new Olympic trail to Downtown. In the short term, the Downtown BIA would like to enhance the Downtown Area from River Road to Victoria Avenue with special lighting features. The initial step will involve lighting which will cost approximately $50,000. The partnership with the Festival of Lights will enhance the Downtown BIA's Candle Light Stroll Event this December which is in it's third year. June 28, 2010 - 3 - PD- 2010 -52 d) Expansion of Fibre Optics Cable FINANCIAL IMPLICATIONS The balance of funds in the Downtown CIP Reserve is $946,190. However, there is an estimate of future commitments of approximately $38,000. Also, a facade grant of $5,000 after the Regional Grant reimbursement has been committed to in 2010. As a result, the actual available reserve amount is $903,190. The available reserve funds have been earmarked for future expenditures such as key Downtown land acquisitions, residential loans and facade and commercial property grants. However, as a Special Purpose Reserve, Council can utilize the funds at it's discretion and redirect the funds as requested. CITY'S STRATEGIC COMMITMENT The initiatives proposed by the Downtown BIA are important items to enhance the economic viability of the Downtown. The Downtown CIP Reserves are intended to ensure the continued funding of the Financial Incentives from the Downtown Community Improvement Plan. There is a sense of urgency to maintain the momentum established in the rejuvenation of the Downtown and the Committee's consideration of the BIA's request in a timely manner is requested. LIST OF ATTACHMENTS ► Appendix 1 - Map of Downtown Pay /Free Parking Recommended by: Respectfully submitted: B.Bolibruck:gd Attach. The Downtown BIA regularly receives requests from potential new businesses seeking connections to a fibre optics cable. There are some businesses that currently have this service including the Court House and Community Health Centre. In order to be well positioned to accommodate new businesses, the BIA is requesting a fibre optics cable be installed during the reconstruction of new sidewalks. This is an opportunity to have fibre optics cable installed along Queen Street at a much reduced cost than doing it later. The BIA is seeking the release of funds from the CIP reserve for this purpose. Meetings are scheduled with the Niagara Regional Broadband Network (NRBN) over the next few weeks to determine the feasibility of expanding this service throughout the Downtown. Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2010 \PD- 2010 -52, Request from Downtown BIA - Utilization of Downtown CIP Reserve Funds.wpd f 0 , 1\13 po4OVA