2002/03/25REGULAR COUNCIL
MEETING
Monday, March 25, 2002
Order of Business
and Agenda Package
REGULAR MEETING
March 25, 2002
PRAYER: Alderman Kim Craitor
ADOPTION OF MINUTES: Planning/Regular Meeting of Mamh 18, 2002.
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
PRESENTATIONS
Presentations will be made to Darcy Dungey, Jonathon Makowski and Kendra
Lawrie, members of Team Niagara on their wins at the Sport Karate World Games In
California.
DEPUTATIONS
The Many Hands Project
Sean McGrlllen, Manager, Marketing and Communications, wishes to provide
information to Council on the upgrading and construction on the new and existing facilities
of the Niagara Support Services' Kalar Road residence.
Club Italia Ladies Auxiliary
Ms. Margeurita Radice, Chairperson, Club Italia Ladies Auxiliary and Carrie Hutton,
GNGH Foundation wish to address Council regarding an upcoming spaghetti dinner event,
in support of the GNGH Emergency Ward Campaign being held on Sunday, April 7, 2002
at the Club Italia Cultural Centre.
-2-
District School Board of Nia~lara
Ms. Linda Baiano, Vice Principal, Stamford Collegiate and Ms. Sue Szaszi, Orchard
Park Elementary School wish to address Council and request that Council proclaim the
month of April as "Education Month".
BUDGET CONSIDERATIONS
1. Report F-2002.17 - 2002 General Purposes Budget.
Report F.2002.18. 2002.2006 Capital Projects Budget
3. Report F-2002.21 Additions to the 2002 Budget
Report MW-2002-26. Municipal Parking & Traffic Committee Recommendation
Review of Monthly Parking Rates - February 19, 2002.
Report MW-2002.27. Municipal Parking & Traffic Committee - 2002 Budget
Recommendations, February 19, 2002.
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
COMMUNICATIONS
Youth for Christ Niagara - Re: Outdoor Concerts - requesting permission to hold
a series of free outdoor concerts, beginning with a concert at City Hall during Hiphop
Appreciation Week, being the third week of May and to use various parks throughout
the City from May 18~h to August 31, 2002.
RECOMMENDATION: Refer to staff.
Chippawa Amateur Athletic Association - Re: Arena Complex in Chippawa -
requesting this item be budgetted for this year.
RECOMMENDATION: Refer to staff.
-3-
Downtown Niagara Falls. Re: Downtown Beautification- requesting that Council
1) help subsidize the hydro expense that is incurred to keep the lights on the trees
located on Queen Street; and 2) requests unlimited access and use of the market
araa between Queen and Park Street and 3) that Council waive all permit fees and
support the effort by cleaning and repairing the building araa for their ongoing use
and 4) that the City provide electricity to accommodate vendors who will provide
perishables and in addition to providing washroom facilities to the patrons of the
market.
RECOMMENDATION: Refer to staff.
o
Lundy's Lane Historical Musuem - Re: Commemorating railway history.
requesting that consideration be given to two sections of railway track, both the rails
and ties be preserved to be later reintroduced as part of a streetscape design and
to allow for a plaque to be placed in a prominent location commemorating one of the
most important eras of our City's past.
RECOMMENDATION: Refer to staff.
The Niagara Parks Commission. Re: Fireworks Displays- requesting pe~,~ission
to carry out the Falls Fireworks Displays from May 17~h, 2002 through September 1,
2002 commencing at 10:00 p.m. on Sunday and Friday nights; including Victoria
Day, May 20~h; Memorial Day, May 27~; Canada Day, July 1~t ; Independence Day,
July 4th in the Lower Gorge along the Power Generation Access Road.
RECOMMENDATION: That the request be approved subject to established policy.
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
BUSINESS DEVELOPMENT MA TTERS
Chief Administrative Officer
BDD-2002-01, Niagara Commercial Properties
User Agreement.
COMMUNITY SERVICES MA TTERS
Chief Administrative Officer
MW-2002-39, TenderContract #2002-03, Asphalt
Patching.
Chief Administrative Officer
MW-2002-40, Tender Contract #2002-116-01,
Victoria Avenue BIA Sidewalk Improvements.
Chief Administrative Officer
-4-
R-2002-16, Fdends of Lundy's Lane Battlefield.
CORPORA TE SERVICES MA TTER$
Chief Administrative Officer
Chief Administrative Officer
MISCELLANEOUS MATTERS
Chair, Ad Hoc Committee
on Animal Population Control
Chief Administrative Officer
F-2002-22, Municipal Accounts.
IS-2002-01, Ministry of Natural Resources
Agreement for Hydrology Data.
L-2002-15, Report from Ad Hoc Committee on
Animal Population Control
L-2002-18, Agreement with The Regional
Municipality of Niagara; Temporary Training Site
forNiagara Falls Fire Department Vacant Houses
and Apartment Building - Roberts Street.
RA TIFICA TION OF COMMITTEE-OF. THE-WHOLE MA TTERR
The City Clerk will advise of any additional by-laws or amendments to the by-
laws listed for Council consideration.
BY-LAWS
2002-057
To provide members of Council with an Aldermanic Community Expense
Allowance.
2002-058 To authorize monies for General Purposes (March 25, 2002).
2002-059
To adopt, ratify and confirm the actions of City Council at its meeting held on
March 25, 2002.
NEW BUSINESS
MANY u
HANDS
Sean McGrillen
7010 Glengowan Ct.,
Niagara Falls ON L2J-3R8
905-354-2192
smcgrill~hotmail.com
Clerk's Office
City of Niagara Falls
4310 Queen St.
Niagara Falls ON L2E-6X5
To Whom It May Concern,
Niagara College is proud to announce Niagara Support Services as this year's recipient of the Many Hands
Project.
Now in its fifth year, the Many Hands Project is a one-day renovation blitz that will see the upgrading and
construction on new and existing facilities Niagara Support Services' Kalar Road residence~
Wholly organized by students in Special Event Management, Public Relations, Architectural Design and
Recreation and Leisure Services, the Many Hands Project is a community driven event that takes pride in
and builds partnerships in the community.
Last year, a $36,000 renovation was completed at Casa El Notre in Fort Erie and a $35,000 project was
carried out at I CAN-TER in Ridgeway.
This is the first time the project will be held in Niagara Falls and we look forward to the opportunity to
inform council on the hard work and dedication being carded out by these students.
We thank you for your consideration in this matter.
Sean McGrillen
Manager, Marketing and Communications
The Many Hands Project
Tel. 905-735-221I * Fax 905-736-6018
Project Co-ordinator, David Veres - ext. 7734
Project Committees - Voice Mail - ext. 6404
Niagara College Canada
Welland Campus, 300 Woodlawn Road
Welland, Ontario Canada L3C 7L3
Lead Sponsor:
'~x~' II£[ERTIInI:I UmlTED
FOOTPRINTS
in the COMMUNITY
ILR. #1, 2525 Montrose Road
Niagara Falls, Ontario I21t 684
Phone: 905-374-7388 Fax: 905-374-2044
www.clubitalianiagara.com email: clubitalia@computan, on.ca
March 18, 2002
Your Worship Mayor Wayne Thomson & City Council:
Please accept this letter as a request of deputation for City Council meeting on Monday,
March 25, 2002. The Club Italia Ladies Auxiliary and The Greater Niagara General Hospital
are partnering up to fundraise for our Emergency Ward.
The Club Italia Ladies Auxiliary will be holding a Spaghetti Dinner in support of the GNGH
Emergency Ward Campagin on Sunday, April 7, 2002 from noon till 6:00 p.m. at the Club
Italia Cultural Centre. Club Italia has committed in the year 2002 to fundraise in support of
our hospital. Therefore, all proceeds will go to the Emergency Ward Campaign. It would
assist a great deal to publicly announce this event at the Council meeting. Furthemmre, to
invite all Council members to come to this event.
Thank you for your consideration with this matter, ffyou have any questions, please feel free
to give me a call at 905-356-5510.
Kind Regards,
Margeurita Radice
Chairperson Club Italia Ladies Auxiliary
Corporate Services Department
The City of
Finance
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel:
Fax:
E-mail:
(905) 356-7521
(905) 356-2016
kburden @city. niagarafalls, on .ca
March 18, 2002
Alderman Wayne Campbell, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
F-2002-17
Kenneth E. Burden
Director of Finance
Members: Re: F-2002-17 - 2002 General Purposes Budget
RECOMMENDATION:
That the Corporate Services Committee approve the 2002 General Purposes Budget.
BACKGROUND:
The Chief Administrative Officer directed Staff to prepare the 2002 General Purposes Budget in
compliance with City Council's goal "to make every effort to maintain current levels of service
without placing an increased burden on the City's Taxpayers". Staffhas cooperatively prepared an
operating plan for 2002 that will restrain expenses, increase non-levied revenues, and match taxation
revenues to tax-supported services.
Staff has prepared a number of operation assumptions to address the several challenges in preparing
the 2002 Budget. These assumptions are the basis upon which the Budget has been prepared.
Addendum 1 is a summary of the 2002 Budget. The tab sections following provide more
information for Revenues and Expenses.
REVENUES
TAXATION: ASSESSMENT AND TAXATION
Since 1998, taxation reform has been implemented through several legislative measures. Along with
the original Fair Mtmicipal Finance Act, the Province has passed a number of successive Acts to
address the impacts of the reform. Also, the Minister of Finance has issued several regulations to
instruct municipalities how to use the new legislation. During the past years, current value
assessment of properties has been implemented and supplemented via the provincially mandated
progran~ to cap assessment increases.
Working Together to Serve Our Community
Clerk's · Finance Human Resources · Information Systems · Legal Planning & Development
March 18, 2002 - 2 - F-2002-17
For 2002, the current value assessment is based on a valuation date of June 30, 1999. Staff has
prepared an analysis (see Addendum 2) of the assessment roll for 2002 in comparison to the
assessment roll for the previous year. The analysis shows the change in value and in percent for
each assessment class,
The overall increase of 2.3% resulted from two major changes. Growth in assessment created the
most change from 2001. Approximately $28 million residential and $59 million commercial was
added to the property assessment roll. Multi-residential also increased, however, this increase
resulted from the reclassification of Niagara Housing, (from a payment-in-lieu to a full taxable
class). Reclassification of hydro-electric power dams also transferred Canadian Niagara Power
assessment from a full taxable class to a payment-in-lieu.
Staff has prepared the taxation revenue using the December 2001 Assessment Roll for the 2002
taxation year. Staff has used the Regional tax policy and the tax ratios to calculate the 2002 total
levy for both General and Urban Service Area taxation.
The total taxation revenue for 2002 is $33,635,000, ($31,027,000 for 2001). The total increase of
$2,608,000 includes $1,037,000 from the growth in property assessment, and $1,571,000 from a
proposed 4.9% increase in the City's tax rates.
The General taxation portion of the total revenue is $29,235,500; approximately $1,841,500 more
than 2001. The Urban Service Area taxation portion is $4,399,500; approximately $258,500 more
than 2001.
Compared to 2001, residential properties will pay approximately $26 more in city taxes per $100,000
property assessment. The residential property class provides the majority of tax revenue,
approximately 54% or $18.1 million for 2002.
Multi-residential properties will pay approximately $55 more in city taxes per $100,000 property
assessment. The multi-residential property class provides approximately 5.9% or $1.98 million in
tax revenue for 2002.
Commercial properties will pay approximately $42 more in city taxes per $100,000 property
assessment. The commercial property class provides approximately 35% or $11.Smillion in tax
revenue for 2002.
Industrial properties will pay approximately $92 more in city taxes per $100,000 property
assessment. The industrial (including large industrial) property class provides approximately 4.4%
or $1.49 million in tax revenue for 2002.
WASTE MANAGEMENT
Much like the water and sewer treatment services, the Region is now fully responsible for garbage
and hazardous waste collection, disposal, and recycling. A new waste management fee was passed
on to the City's ratepayers in 2001. The total fees collected were applied directly to paying the
Regional costs. During 2001, several complaints initiated a full review of the fee structure. Council
approved a change from the used-based fee to a flat tax for 2002. All properties will pay the flat tax
and all the taxes collected will be used to pay the Regional costs. For 2002, the costs will increase
by $1,610,700 or 39.7%.
March 18, 2002 - 3 - F-2002-17
TAXATION: PENALTIES AND INTEREST
Effective July 1, 1998, the Committee approved a one and one-quarter percent (1 - 1/4%) per month
for the penalty and interest rates. Staff has estimated a significant increase (562,000) in this revenue
due to economic hardships created by the tragic events of 2001. Staffwill continue to place a high
priority on collection of taxes with consideration for taxpayers in payment arrangements.
PAYMENTS IN LIEU OF TAXATION
Provincial regulations govern the weighted sharing of payment in lieu of taxes paid to municipalities
for tax exempt properties. The City's revenue has been conservatively calculated to reflect the
migration of revenues from the lower tier to the upper tier. This migration is caused when the
Region's tax rate is greater than the City's tax rate. Staff has not included any adjustment to the
sharing relationship for 2002. The overall reduction of revenue is caused by the reclassification of
Niagara Housing. These properties have been transferred from a payment-in-lieu class to a full
taxable class.
GRANTS AND SUBSIDIES
Local Services Realignment included the allocation of the Community Reinvestment Fund (CRF),
a provincial grant to assist municipalities with the costs of transferred responsibilities. The City's
allocation of $1,395,000 from the CRF is included for 2002.
The CRF grant for 2002 has been changed to include a Transit Bonus of $170,000. This change
actually reduces the base allocation by the same amount. Consequently, the CRF grant for 2002 is
composed of abase amount of $1,006,000 ($1,176,000 for 2001), a new Transit Bonus of $170,000
and a CRF Bonus amount of $219,000 (same as 2001).
Staff anticipates the successful award of a one-time grant from Ontario Power Generation Co.
(formerly a part of Ontario Hydro). However, due to the restructuring of the company and the
deregulation of the electricity market, the grant may not be received in the year 2002. Staff has not
included the grant due to the continuing uncertainty of its issuance.
LICENCES, PERMITS, USER CHARGES, FEES, RENTALS
Staff has investigated and prepared reports for the Council's consideration over the past several
months. Where applicable, the approved increases to the Schedule of Fees for Services have been
incorporated in the various revenue sources. For example, the increased rates for the 2001/2002
arenas' season are included. The most significant increase will be the new revenue from the city's
investment in Niagara Falls Holding Co. The deregulation of the electricity market will provide a
new interest revenue of approximately $1,063,000. Another significant revenue impact will be the
receipt of building permit fees relevant to the new Casino complex. Staff has included revenues of
$750,000 for 2002.
March 18, 2002 - 4 - F-2002-17
LAND SALES
Staffhas included the anticipated proceeds of one land sale. An unconditional offer on City property
will provide approximately $400,000,
RESERVE FUNDS, RESERVES AND SURPLUS
During 1999, the Niagara Falls Hydro paid out an outstanding debenture to the City's reserve funds.
Staff has included $144,000 of that reserve fund to pay for the 2002 principal and interest payment.
During 2001, the City debentured $99,100 more than required for the Lundy's Lane Battlefield
Millennium project. These funds have been put into a reserve fund to help pay the annual principal
payments. For 2002, $9,900 will be used to help pay the $26,637 payment.
Staff has included contributions of reserves to offset specific expenses; for sick leave liability
($230,000), and OMERS premium ($224,000).
SUNDRYREVENUE
As per the direction of the Regional Treasurer, Staffhas included a new revenue from the Provincial
Offences Act (POA) Inter-Municipal Agreement. The agreement, approved in May 2000, provides
a sharing of net revenue with the Region and the other Niagara municipalities. The City's share is
approximately $290,000 of the POA revenues to be distributed.
REVENUESUMMARY
Staffhas examined all sources of revenue to maximize funding without placing an increased burden
on the City's Taxpayers. Total Revenue has increased from the significant gains realized from
positive economic factors: property assessment, investment return from Niagara Falls Holding Co.,
Casino Building Permit fees, other Licence/Permit fees, Arena rentals and Concessions, Land Sales
and the POA revenues. Taxation Revenue has been further increased by $1.6 million to match the
additional costs of tax-supported services.
EXPENSES
SALARIES, WAGES AND BENEFITS
During 1999, a three-year agreement was negotiated and ratified with the Canadian Union of Public
Employees, Local 133. Staff has used the approved 2001 salary/wage rates in the 2002 Budget.
Staff has also included a provision for a new agreement and additional staffcomplement to address
the increasing demand for City services. Staff has also included the approved 2002 rates for the
contractual agreement with The Niagara Falls Professional Fire Fighters' Association.
March 18, 2002 - 5 - F-2002-'17
Staffhas examined the costs for employee benefit plans and statutory contributions and has adjusted
the costs in the 2002 Budget. Premium costs for benefit plans have increased effective September
1, 2001 for a one-year period. Canada Pension Plan contributions and Employment Insurance
contributions have increased from rate increments and salary/wage adjustments. Staffhas included
OMERS pension contributions as the contribution holiday will end on June 30, 2002. Sick Leave
has significantly increased in costs due to the startup of a new reserve fund for the estimated actuarial
liability. Staffestimates a total increase of $860,000 for all of the employee benefit costs, which is
partially offset by one-time contributions from reserves ($454,000).
MATERIALS AND SERVICES
Staff has included a general inflation rate increase of three percent for the 2002 costs for materials
and services. Energy expenses were significantly increased (eg. natural gas 16%; gasoline and diesel
fuel 37%) according to each of the relevant percent increases. General Insurance expense increased
for the 2002 policy term. Vehicle purchases for 2002 include $725,000 for fleet vehicles and a
$250,000 contribution toward a new Fire Truck. Waste Management services are estimated to
increase by 39.7% due to the increase in Regional costs and the absence of the one-time credit used
in 2001.
CAPITAL CONTRIBUTION
During 2002, Staff expects to use more long-term financing $4,753,000 ($2,422,000 for 2001) to
assist the total operating contribution $5,470,000 ($3,814,000 for 2001) to the Capital Fund.
Debenture borrowing will affect future debt obligations, however, the immediate financing will
provide the necessary funding for the 2002 Capital Projects Budget.
DEBENTURE DEBTREPAYMENT
At December 31, 2000, the total debt outstanding was $4,361,603. During 2002, the contractual
repayment of $1,210,086 includes a reduction of $929,955 in principal and an interest charge of
$280,131. Staff has included $154,000 contribution from reserve funds to help pay the annual
payment. Per Council direction, Staff will be using short-term financing until the new Casino tax
revenues are available to pay for the railway acquisition. For 2002, the financing cost will
approximate $395,000.
MUNICIPAL GRANTS TO AGENCIES, BOARDS AND COMMISSIONS
During November 2001, the Committee received several requests from Agencies, Boards and
Commissions for continued funding. Staff has included most of these requests in the 2002 Budget.
Staff reminds the Committee that the requests were previously referred to "final budget
deliberations". The requests are listed under this section and total $6,105,300; a net increase of
$105,500 from 2001. Other requests, which are not included, are listed in Addendum 3 for the
Committee's consideration. These requests would add $70,000 to the 2002 Budget.
March 18, 2002 - 6 - F-2002-17
EXPENSE SUMMARY
Staffhas examined all expenses to minimize costs without reducing services. Total Expense has
increased from the realistic forecasts of inflationary and contractual increases ($2.9 million),
additional capital contributions ($1,656,000) waste management costs ($1,610,700), increases
($105,500) for Municipal Grants.
CONCLUSION
The Corporate Services Committee's approval of the 2002 General Purposes Budget is appreciated.
The 2002 tax rate calculation will be made when the 2001 Surplus from General Purposes is known,
and the 2002 Regional tax policy is finalized.
Recommended by:
K.E. Burden
Director of Finance
Approved by:
T. Ravenda
Executive Director of Corporate Services
Respectfully submitted:
mDi°n~saltldative Officer
KEB:jd
CITY OF NIAGARA FALLS
EXPENSE and REVENUE SUMMARY
2002 GENERAL PURPOSES BUDGET
EXPENSE
COMMUNITY SERVICES
AGENCIES, BOARDS, and COMMISSIONS
CITY COUNCIL, MAYOR'S OFFICE, CAO
and CORPORATE SERVICES
TOTAL EXPENSE
2001
BUDGET
2002 BUDGET BUDGET
BUDGET $ VARIANCE % VARIANCE
34,759,000 38,192,000 3,433,000 9.9%
5,999,800 6,105,300 105,500 1.8%
13,460,200 16,181,700 2,721,500 20.2%
54,219,000 60,479,000 6,260,000 11.5%
REVENUE
TAXATION
PAYMENTS IN LiEU
GRANTS AND SUBSIDIES
SERVICES
OTHER
TOTAL REVENUE
32,510,000 41,350,000 8,840,000 27.2%
4,614,000 4,408,000 (206,000) -4.5%
1,459,000 1,459,000 0 0.0%
11,705,000 9,327,000 (2,378,000) -20.3%
3,931,000 3,935,000 4,000 0.1%
54,219,000 60,479,000 6,260,000 11.5%
o (o) (o) 0.0%
SURPLUS or (DEFICIT)
Addendum 1
CITY OF NIAGARA FALLS
PROPERTY ASSESSMENT
COMPARISON OF ASSESSMENT ROLLS
FOR THE 2001 AND 2002 TAXATION YEARS
Property 2001 2002 Change
Assessment Assessment Assessment Assessment
Class Amount % Amount % Amount %
Residential/Farm (*) 3,194,486,123 67.5% 3,227,922,661 66.6% 33,436,538 1.0%
Multi-Residential(*) 140,553,470 3.0% 167,336,370 3.5% 26,782,900 19.1%
Commercial 1,266,346,676 26.8% 1,325,372,018 27.4% 59,025,342 4.7%
Industrial (**) 65,327,491 1.4% 62,497,355 1.3% (2,830,136) -4.3%
Large Industrial 21,637,500 0.5% 15,438,131 0.3% (6,199,369) -28.7%
Pipeline 25,864,000 0.5% 26,088,000 0.5% 224,000 0.9%
Farmland 18,745,345 0.4% 18,954,435 0.4% 209,090 1.1%
Managed Forest 246,800 0.0% 222,480 0.0% (24,320) -9.9%
TOTALS 4,733,20_7_,405 100.0% 4,843,831,450 100.0% 110,624,045 2.3%
NOTES:
* Includes transfer of Niagara Housing from Payment In Lieu to Taxable class
- 2002 Residential/Farm includes 5,161,000 assessment
- 2002 Multi-Residential includes 28,515,000 assessment
** Includes transfer of Cdn. Niagara Power from Taxable to PIL class
Addendum 2
CITY OF NIAGARA FALLS
2002 GENERAL PURPOSES BUDGET
ADDITIONAL REQUESTS FOR FUNDING
PETITIONER
1. Optimist Club
2. Mobility Niagara
3. GNGH Foundation
REQUEST
$20,000.00
Financial Contribution
$50,0O0.00
Addendum 3
The City of
Niagara Fails
Canada
Corporate Services Department
Finance Division
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2016
E-mail:kburden@city.niagarafalls,on.ca
March 18, 2002
F-2002-~ 8
Ken Burden
Director
Aldem~an Wayne Campbell, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
Members:
Re: F-2002-18 - 2002-2006 Capital Projects Budget
RECOMMENDATION:
That the Corporate Services Committee approve the 2002-2006 Capital Projects Budget.
BACKGROUND:
The purpose of a Capital Projects Budget is to provide descriptive details of the Capital Projects for
the current budget year and to provide information for future Capital Projects. A Capital Projects
Budget also indicates the funding requirements and the sources of funds from the General Purposes,
Municipal Utility, other funding sources and new borrowing.
Capital Contribution and Debt Management:
For a guidelines overview of the 2002 to 2006 Capital Projects Budget, Schedule "A" provides the
following:
Guidelines from the Capital Financing and Debt Management Policy
Comparison of Guidelines to the Capital Projects Budget
The criteria for calculating the guidelines are indicated in the upper section of the schedule and a
comparison to the Capital Projects Budget is reported in the lower section.
Ci~_ 's Debt Management
The City's debt management guideline states that the debt repayment limit is 15% of the City's own
source revenues. Given the current level of own source revenues, the guideline would allow $9.3
million in annual debt servicing.
Working Together to Serve Our Community
Clerk's Finance · Human Resources Information Systems Legal Planning & Development
March 18, 2002 - 2 - F-2002-18
During 2002, the City will be committed to the payment of $1.2 million for Debt repayment. This
mount, when compared to the Debt Repayment Limit of $9.3 million, indicates that the City has
a considerable capacity to assume additional Debt financing. The Capital Projects Budget will
require debt financing in each of the five years. However, the comparison shows that the City will
not exceed the debt repayment limit in each of those years.
Implications of taking on Additional Debt
Debt repayment is a fixed expense in the City's general operations. A commitment to pay debt is
a charge upon the City to collect sufficient amounts from rateable property to pay the principal and
interest due.
An increase in debt repayment must be matched by an increase in revenues. Given that revenues
must match this increasing expense and also given that such an expense is to be levied against
rateable property, the additional debt may necessarily result in a tax levy increase.
City's Capital Contribution
The General Purposes contribution to the Capital Projects Budget does exceed the maximum
guideline. However, the contribution includes the use of new revenues from the Casino and
investments to pay for the railway corridor acquisition. These revenues supplement the annual
increase in contribution which comes from the growth in property assessment.
CAPITAL PROJECTS BUDGET SUMMAR Y:
For the 2002-2006 Capital Projects Budget, Schedule B (page 1) provides the overview for the
project expenditures and the sources of funding. The five-year budget has a total expenditure of
$134 million. The expenditure is funded from the General Purposes and Municipal Utility budgets,
several reserves and reserve funds, community fund-raising and private contributions, provincial
grants and regional funds, local improvement and development charges, and new borrowing.
Annually, Staff reviews the list of capital projects and presents them to the Committee in the form
of a budget. After the funding sources have been determined, projects are planned into the year
when funding will be available. The budget provides the Committee with the opportunity to review
the yearly planning. Schedule B (page 2) provides the expenditures for each year. The following
sections provide information on each department's capital program.
Fire Services - Schedule B, (pages 3,4)
The 2002-2006 Fire Services capital program includes the purchase of three vehicles, a rural signage
project, and two new stations. Due to the higher costs of some items, funding will be accumulated
before purchase. Most of the funding will come from annual budgets and other funds, but will
require some borrowing in the year 2006.
March 1S, 2002 - 3 - F-2002-18
Municipal t~orks - Schedule B, (pages 5-10)
In Progress (pages 5, 6, 7):
The 2002-2006 Municipal Works capital program includes $48.5 million of projects already in
progress. The In Progress summary shows that approximately $20.3 million has already been spent;
the balance of $28.2 million will be funded from annual budgets ($19.9 million), other funding ($4.6
million), and new borrowing ($5.1 million). Some of the major projects include Montrose Road,
Drummond Road bridge, Stanley Avenue storm, Roberts Street, Front Street, and Muddy Run high
rate treatment. Most of the In Progress projects will be completed by 2003; the remainder consist
of on-going programs such as culvert rehabilitation, rural drainage, new sidewalk construction,
weeping tile disconnect, and watermaln replacement.
New Projects (pages 8,9,10):
The 2002-2006 Municipal Works capital program includes $32.5 million of new projects. The New
Program summary shows that these expenditures will be funded from annual budgets ($29.1
million), other funding($1.4 million), and new borrowing(S2 million). Some of the major projects
include Montrose Road, Dorchester Road, Drummond Road, Portage Road, and Muddy Run
reconstruction. Also included are the start-up of new annual programs such as asphalt overlay,
vehicle replacement, and sidewalk repair.
Parks, Recreation and Culture - Schedule B, (pages 11,12)
The 2002-2006 Parks, Recreation and Culture capital program includes $23 million of in-progress
and new projects. The dominant project is the Community Centre, which expenditure of$18 million
will be funded from community fund-raising ($3 million), and new borrowing ($15 million). Other
significant projects include the Skateboard facility, Chippawa pool, Kalar Road Girls Home for
Soccer and the Mewbum Road sports complex. Project expenditures will peak in 2004 and 2005,
however, several of the smaller projects will be completed by 2004.
Cemeteries-Schedule B, (pages 13,14)
The 2002-2006 Cemeteries capital program is new and includes $390,100 of in-progress and new
project expenditures. The funding will come from capital and special purpose reserves.
Corporate Services - Schedule B, (pages 15,16)
The 2002-2006 Corporate Services capital program includes $16.6 million of in-progress and new
projects. The CN/CP railway corridor acquisition ($13.6 million) will be funded from new casino
property taxes that approximate $5 million per year. New projects include development of an
e-commerce system, financial software system and renovation to the office area for Finance and
Information Services.
Niagara Falls Transit - Schedule B, (pages 17,18)
The 2002-2006 Niagara Falls Transit capital program includes a $5.5 million program for new transit
buses. The program purchases two buses each year and is funded from annual budgets, reserve
funds, development charges, provincial grant and new borrowing. Each year's purchase will be
presented to City Council for approval.
March 18, 2002 - 4 - F-2002-18
Niagara Falls Public Library- Schedule B, (pages 19,20)
The 2002-2006 Niagara Falls Public Library capital program includes $3.4 million of new projects.
The immediate projects focus on major repairs to the Victoria Street library facility. The new
south-west facility has a total expenditure of $2.7 million and is being funded from annual budgets,
reserves, development charges, and new borrowing.
The recommendation of the Capital Projects Budget to City Council by the Corporate Services
Committee would be appreciated.
Recommended by:
K.E. Burden
Director of Finance
Approved by:
T. Ravenda
Executive Director of Corporate Services
Respectfully submitted:
John MaC~D°~d~
~dministrative Officer
SCHEDULE'A'
CITY OF NIAGARA FALLS
CAPITAL CONTRIBUTION AND DEBT MANAGEMENT
2002-2006 CAPITAL PROJECTS BUDGET
( '000 of dollars )
GUIDELINES 2002 2003 2004 2005 2006
DEBT REPAYMENT LIMIT
Revenue Fund Revenues $62,064 $62,644 $63,270 $63,903 $64,542
15% Maximum Limit of Revenues 9,310 9,397 9,491 9,585 9,681
GENERAL PURPOSES CONTRIBUTION
TO CAPITAL PROJECTS BUDGET
Previous Year's Supplemental Taxes 613 625 638 651 664
50% Maximum Contribution of Supplemental Taxe,~ 307 313 319 325 332
COMPARISON OF GUIDELINES TO THE
2002-2006 CAPITAL PROJECTS BUDGET
DEBT REPAYMENT
Existing Debt Repayment
Add: New Debt Repayment
Total Debt Repayment
Debt Repayment Limit per the Guideline
Difference - (under)over the Limit
GENERAL PURPOSES CONTRIBUTION
TO CAPITAL PROJECTS BUDGET
Current Year's Contribution
Subtract: Previous Year's Contribution
Difference ~ increase (decrease) in Contribution
Maximum Contribution per the Guideline
Difference - (under)over the Maximum
2002 2003 2004 2005 2006
$1,210 $885 $1,339 $2,150 $3,593
720 810 1,614 1,134
1,210 1,605 2,149 3,764 4,727
9,310 9,397 9,491 9,585 9,681
(8,100', (7,792' (7,342) (5,821) (4,9551
$5,470 $5,707 $7,254 $11,265 $9,516
3,814 5,470 5,707 7,254 11,265
1,656 237 1,547 4,011 (1,7491
307 313 319 325 332
1,350 __ (76 1,228 3,686 (2,081
The City of
Niagara Falls
Canada
Corporate Services Department
Finance Division
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2016
E-mail: kburden@city.niagarafalls.on.ca
March 25, 2002
F-2002-21
Kenneth E. Burden
Director of Finance
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F-2002-21 - Amendments to the 2002 Budget
RECOMMENDATION:
That City Council direct Staffto amend the 2002 General Purposes Budget
That City Council approve Report F-2002-17, General Purposes Budget and Report F-2002-18,
2002-2006 Capital Projects Budget, as amended.
BACKGROUND:
On March 18, 2002, the following motion was passed at the Corporate Services Committee:
MOVED by Alderman Feren, seconded by Alderman Volpattg that Staff be directed
to review the following projects and report to the Committee with options for their
inclusion in the 2002 budget:
Expansion ofF. H. Leslie Parking Lot $ 20, 000
F.H. Leslie Splash Pad 75, 000
Parks Maintenance 132, 600
Crack Sealing i 00, 000
Asphalt Overlay 200,000
Sidewalk Replacement 200, 000
Surface Treatment 200,000
Extend Streetscape Master Plan Study 30,000
Beautification Program 35, 000
$ 992,600
In consideration of City Council's goal "to make every effort to maintain current levels of service
without placing an increased burden on the City's Taxpayers", Staff has reviewed the operation
assumptions in order to accommodate the Corporate Services Committee's request.
Working Together to Serve Our Community
Clerk's . Finance Human Resources · Information Systems · Legal Planning & Development
March 25,2002 -2- F-2002-21
Revenues
Staff has reviewed the revenue generation capacity for Parking Enforcement. Given the recent
increase in parking fine rates, Staffestimates that an additional $50,000 may be realized. Staffalso
suggests that the Parking and Traffic Fund could provide a new source of revenue to the General
Purposes Fund. This revenue would be calculated as a percentage of the gross revenues collected
from parking meters and would contribute approximately $100,000 on an annual basis.
Staff has examined the contributions from reserves and reserve funds and has determined that a
substantial amount of monies were used during the 2001 year which have significantly reduced the
availability of reserves for 2002. However, as Council may direct, further use of reserves could be
applied as a one-time source of funding.
Revenue Summar~
Staffhas examined the operating assumptions of all sources of revenue to maximize funding without
placing an increased burden on the City' s taxpayers. Additional revenues of approximately $150,000
may be added to the 2002 budget.
Expenses
Staff has determined that the following expenditures could be delayed for at least one year or
eliminated:
Fire Services
Purchase of Platoon Chief Emergency Vehicle
40,000
Municipal Services
Filling of Service Centre Supervisor Vacancy
Service Centre Salt Shed
Engineering Transportation Planner
Engineering Training
47,000
45,000
52,000
15,000
Parks Recreation and Culture
Swimming Pools (new reserve)
Skateboard Facility
15,000
150,000
Corporate Services
Finance Fiscal - Transfer to Reserves
Tax Write-off Allowance
Planning - Designated Property Grant Program
122,000
110,000
9,000
March 25, 2002 - 3 - F-2002-2t
Agencies, Boards and Commissions
Niagara Falls Humane Society
Niagara Falls Transit
Niagara Falls Recreation
Niagara Falls Library
Niagara Falls Tourism
GNGH Foundation
$15,650
22,000
7,800
81,700
75,000
50,000
Expense Sutnma~_
Staff has examined the operating assumptions for expenditures to minimize costs without
significantly reducing services. The total value of expenditures that could be delayed at least one
year or eliminated is $857,150.
Conclusion
Staff has reviewed the draft budget, carefully considering possible revenue increases and expenditure
reductions and/or delays. The total additional revenues and reduced expenditures exceed the total
value of the projects which Committee directed Staff to consider for inclusion.
Council may:
1. Consider any other reductions, delays or elimination of services in 2002.
2. Consider phasing-in its motion from last week over two budget years.
3. Consider any combinations of the above.
Recommended by:
-~ K.E. Burden
Director of Finance
Respectfully submitted:
~°h ih~e fMAad~i~i.nsaJrdat i v e O ffi c er
Approved by:
T. Ravenda
Executive Director of Corporate Services
The City of
Niagara Falls l
Canada
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city, niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks@city.niagarafalls.on .ca
Ed Dujlovic, P. Eng.
Director
MW-2002-26
File G-180-14
March 18, 2002
Alderman Wayne Campbell, Chairperson
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
Members:
RE: MV~-2002-26
Municipal Parking & Traffic Committee Recommendation
Review of Monthly Parking Rates - February 19, 2002
RECOMMENDATION:
It is recommended that the monthly parking rates be reverted back to the 2001 rates for
the year 2002.
BACKGROUND:
The Municipal Parking and Traffic Committee, at its meeting of February 19, 2002, considered
the matters noted and formulated the recommendation above. The accompanying reports are
attached for the information of the Committee.
The Committee's concurrence with the recommendation outlined in this report would be
appreciated.
Respectfully submitted by:
Alderman Kim Craitor, Chairperson,
Municipal Parking & Traffic Committee
S:\TRAFF1C\REPORTSL2002~2002 Corporate Services~vlW-2002-26.wpd
Niagara Falls
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-maih munwks~city.niagarafalls.on.ca
February l9,2002
Alderman Kim Craitor, Chairperson
and Members of the Municipal
Parking and Traffic Committee,
City of Niagara Falls, Ontario
Ed Dujlovic, P. Eng.
Direcfor
MW-2002-23
File O-180-14
Members:
RE: MW-2002-23
Review of Monthly Parking Rates
RECOMMENDATIONS:
It is recommended that:
1)
2)
the 2002 monthly parking rotes, as approved by the Community Services
Committee and Council, be endorsed by this Committee; and,
this report, along with this Committee's recommendations, be forwarded to the
Community Services Committee for review.
BACKGROUND:
The Community Services Committee at it's meeting of January 14, 2002, referred a request from
Gaylord Niagara Investments Inc.(attached), to the Municipal Parking and Traffic Committee, for
review and to report back to the Community Services Committee with it's recommendations.
The Municipal Parking and Traffic Committee at it's meeting of January 15, 2002 requested that
staff prepare a report on the issue.
In September of 2001, at the request of the Community Services Committee, Staff prepared a
report (attached), on monthly parking rotes, based on a comparison of other Municipalities in the
area. The outcome of the review determined that our rates were the lowest and not
representative of either a Community of our size or a parking operation of our size. It was
subsequently recommended that all monthly parking rates be increased by $10.00 per month
effective January 1, 2002.
Following the approval of the new rates, notices were forwarded to all existing monthly parkers
on November 15, 2001, advising them of the new monthly rates that would come into effect on
January 1, 2002. In addition, the new rates were also posted in the office for those coming to the
counter. To date, there have been very few who have taken the time to complain about monthly
February 19, 2002 -2- MW-2002-23
rate increases.
Further to the attached letter and the presentation at the Community Services Committee, Mr.
Juliar states that he is acting on behalf of many Downtown Business owners with respect to the
50% increase in monthly leased parking rotes for the downtown lots. He feels that the new rate is
unwarranted, in light of the locked in rate extended to Acres House. Further, the new rates pose
a significant increase to many businesses and that this action serves as a disincentive in bringing
new businesses to the area. Mr. Iuliar requested the Community Services Committee to consider
treating everyone fairly by reversing its decision and allowing everyone to pay the same rate as
Acres House.
In 1996, an agreement was signed between the Ontario Realty Corporation (ORC) and the City of
Niagara Falls, where the City would provide a total of 175 parking spaces, for a 10 year period, at
a cost of $10.00 per space per month. In addition, the ORC also contributed $75,000.00 towards
improving and paving the former King Edward Parking Lot to help free up some parking spaces.
The make-up of the parking spaces consist of 90 parking spaces in Municipal Parking lots 1, 2
and 19 and the remaining 85 parking spaces are from City Hall controlled parking areas, the latter
of which, do not affect the parking fund. This agreement was conditional upon the sale of the '
building and was later transferred to the new owners of the Acres House building, O & Y
Properties Inc.
At the time of the preparation of the agreement, Council consulted the Downtown BIA and the
general consensus was that the City should do whatever is necessary to see that the property was
occupied. At no time, was it ever agreed that the City would ensure that this type of arrangement
or these rates would be available to other businesses in the Downtown Area. The rates were not
frozen.
In order to give this committee all the facts, with respect to the costs associated with the parking
operation in the Downtown area, an examination of the current parking operation is outlined
below.
The are eight (8) municipal parking lots in the downtown area, with a total of 422 parking spaces,
of those, the majority (298) are monthly leased parking spaces.
The breakdown of expenses and revenues are as follows:
2001 Downtown Parkin~ Lot Operations
Daily Operation Costs $ (95,.000.00)
Total Revenue $ 58,000.00
2002 Downtown Parking Lot Operations
Daily Operation Costs
Total Revenue
(95,000.o0)
102,000.00
Net Revenue $ -37,000.00 Net Revenue $ 7,000.00
Daily operation costs include snowplowing, sanding and salting, equipment purchases, general
maintenance and taxes. Please note that the administration and capital works costs have not been
included in the above figures.
February l9,2002 -3- MW-2002-23
Based on the above evaluation, the Downtown Parking Lot Operation, with the new hourly
parking rates combined with our new monthly lease rates are able to cover our Daily
Operating Expenses.
Therefore, it is recommended that 2002 parking rates, as approved by Council, not be adjusted.
The Committee's concurrence with the recommendations outlined in this report would be
appreciated.
Recommendedby:
Karl Dren, C.E.T.,
Manager of Traffic & Parking Services
Eng.,
Director of Municipal Works
S :\TRAFFIC~REPORTS~2002~Fcbmary 19~dW-2002-23.wpd
The City of
Nlagara Falls
Community Services Department
Municipal Works
4310 Queen Street
P.O. BOX 1023
Niagara Fails, ON L2E 6X5
web site: www.city, niagarafall$.on.ca
Tel: (905) 356-7521
Fa~c (905) 356-2354
E-mell: · munwks~}elly.nlagamfal;s, on.ca
Ed DuJlovic, ?. Eng.
Director
MW-2001 - 122
File G-180-14
September 10, 2001
Alderman Victor Pietrangelo, Chairperson
and Members of thc Community Services Committee
City of Niagara Falls, Ontario
Members:
RE: MW-2001-122
Monthly Lease Parking - Review of Rates
RECOMMENDATIONS:
It is recommended that effective january 1, 2002, monthly lease parking rates be increasedby
$10.00 per month.
BACKGROUND:
The Community Services Committee, at its' meeting of Augnst 13, 2001, requested that Staff
review the monthly lease parking rates currently being offered by the City. The last time monthly
lease parking rates were adjusted was in the Summer of 1995, when the Downtown Parking and
Traffic Strategic Plan recommended arate adju~tcuent. Shortly thereafter, in the Fall of 1995, at
the request of the Downtown Board, Council reduced lease parking rates by $10.00 per month in
the Downtown area.
Currently, the monthly lease rates are $15.00 and $20.00 per month in the Downtown area
(depending on the location). Lease parking in the tourist core is $35.00 per month, however,
parking in the tourist core is generally only allowed during the off-peak times and over the years
there has only been I or 2 vehicles who have leased parking here, currently there are none.
A review of the monthly lease parking in other municipalities with similar operations is outlined
below (sales taxes not included):
City of Wdland: $15.00 to $25.00 for surface lots
City of St. Catharines: $30.00 to $43.00 for surface lots and $67.00 for parking structures
City of Hamilton: $27.00 to $60.00 for surface lots and $84.00 for parking structures
Of the three municipalities that were surveyed, the City of Niagara Falh has the lowest monthly
rates. Based on the size of our operation, our monthly rates should fall between the City of
Welland's rates and the City of St. Catharines rates. Therefore, staff is recommending tha!
effective January I, 2002, that all monthly parking lease rates be increased by $10.00 per month.
This effectively would put us at $25.00 and $30.00 per month(S45.00 in the tourist core).
September 10, 2001 -2- MW-2001-122
Council's concurrence with the recommendations outlined in this report would be appreciated.
Prepared by:
Karl Dren, C.E.T.
Manager of Traffic & Parking Services
Recommen~-~ by:
Ed Dujlovic, P. Eng.
Director of Municipal Works
Respectfully Submitted by:
Chi~£ Administrative Officer
Approved by_.' ~
Executive Director of Community Services
Gayiord Niagara Investments Inc
4388 Queen Street
Niagara Falls, Ontario 1_2E 2L3
14 December 2001
Alderman Klm Craitor
Chairman - Parking and Traffic Committee
City Of Niagara Falls
4310 Queen Street
Niagara Falls, Ontario
Dear Alderman Craitor,
DEC 2 0 2001
RECEW~
We have received notice of the intention to Increase the monthly parking
rates in the city owned lots to $30 a month. We are opposed to any rate increase
and feel the City of Niagara Falls should treat all users of City parking lots on an
equal basis. Since the tenants of Acres House are receiving the benefit of a $20
monthly parking rate for another 4 % years we feel that we should be receiving
the same rate for the same period of time.
All citizens and companies that pay for a service from the City nccd to be
treated on an equal and fair basis. For someone to receive a special deal from
the city and someone else not receiving that same deal is contra~ to good public
policy.
We respectfully request that the City of Niagara Falls cancel the rate
increase and continue to charge all monthly parking permit holders $;20 a month
so as to treat everyone fairly.
Paul Juliar
Cc: Mayor Wayne Thomson
TOTRL P.01
February 4, 2002
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON
L2E 6X5
Attn: Kim Craltor, Chair,
Parking and Traffic Committee
This letter is to voice my concern over the 50% increase in the 2002 downtown parking
rates. A reasonable increase in parking rates is underStandable. An increase of
$138.00/year is quite unreasonable.
In 1999 1 chose to open a small business in the Niagara Peninsula, and after reviewing
commercial properties, I decided to open in downtown Niagara Falls. I operate a
specific service, with no walk-in clientele, and can easily operate in any local area. For
many reasons though, I chose Niagara Falls.
Unhappy with this parking increase, I began to speak to other merchants downtown.
There are concerns that the tenants of the Acres building were granted a favourable long-
term parking rate, which we smaller tenants are having to subsidize. Niagara Falls has a
reputation of supporting tourism, at the expense of the local retailers. Perhaps a more
reasonable parking increase would go a long way in showing support to local businesses.
I would appreciate notification of any upcoming Parking & Traffic Committee meetings,
on this matter. Thank you.
Ten/Kershaw
4673 Ontario Avenue, Unit 103
Niagara Falls, ON
L2E 3RI
(905) 353-1775
/tk
FEB-19-~002 15:42
03362 BANK QUEEN ST NF
905 35? 3009
ROYAL BANK
February 19,2002
Downtown Niagara Fails
4400 Queen Street
The Mews,
Suite 6
Niagara Falls, Ontario
Royal Bank of Canada
4401 Queen Street
Niagara Falls, Ontario
L2E6T3
Transit 0330-'2
Tel.: (905) 357,3001
Fax: (905) 357-3009
Re: Parking
To Whom It May Concern:
We would like to raise out objection to the increase in the Parking rates for the lots in the
Downtown area.
Shopping Malls have taken the majority of business and revenue previously done in the
Downtown area making it difficult for the businesses left to survive. This in turn creates
a very depressed area where no one wants to live or start a business. The result being
vacant buildings and no taxes being paid.
Ther*efore it would only seem reasonable that thc City do what they can to encourage
those businesses that are cutrcnfly here, to stay. Increasing the parking rates by 50%
might look like a smart business move but what is gained if, when thc opportunity arises
for a Downtown business to open elsewhere, the cost of parking becomes a major
consideration.
Employees who are forced to pay in order to work at the Downtown place of
employment chose not to work in these places becau.~e it decreases their take home pay. I ~.~\
This then becomes an issue when we are trying to get staffto come here to work.
You are penalizing people who are currently paying taxes at home, trTing to make a
living and keep the Downtown area alive. You might as well take a bulldozer and clear
the whole area out because ffyou don t have people to work down here the Businesses ·
will move and you will be left with one great BIG PARKING LOT. See ho~;mu~h
revenue you will make if there is NO ONE HERE.
Staff
1'he City of
Niagara Falls l
Canada
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city, niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks@city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2002-27
File G~180-14
March 18, 2002
Alderman Wayne Campbell, Chairperson
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
Members:
RE: MW-2002-27
Municipal Parking & Traffic Committee
2002 Budget Recommendations - February 19, 2002
RECOMMENDATIONS:
It is recommended that:
1)
based on report number MW-2002-23 - Review of Monthly Parking Rates that
the 2002 Operating Budget revenues section be reduced by $24,000.00; and,
2)
the '2002 Municipal Parking Operating Budget and 2002 Capital Parking
Projects ', attached, as amended, be endorsed and forwarded to City Council for
approval.
BACKGROUND:
The Municipal Parking and Traffic Committee, at its meeting of February 19, 2002, considered
the matters noted and formulated the recommendations above.
The Committee's concurrence with the recommendations outlined in this report would be
appreciated.
Respectfully submitted by:
Alderman Kim Craitor, Chairperson,
Municipal Parking & Traffic Committee
S:\TRAFFIC\REPORTS~2002~2002 Corporate Services\MW-2002-27.wpd
The City of
Community Services Department
Municipal Works
4310 Queen Street '
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web sitc: www. citT.niagm'af~ls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: munwks~city.niagarafalls,on.ca
Ed DuJlovic, P. Eng.
Director
MW-2002-23
File G-180-14
February l9,2002
Alderman Klm Craitor, Chairperson
and Members of the Municipal
Parking and Traffic Conurfittec,
City of Niagara Falls, Ontario
Members:
RE: MW-2002-23
Review of Monthly Parking Rates
RECOMMENDATIONS:
h is recommended that:
1)
the 2002 monthly parking rates, as approved by the Community Services
Committee and Council, be endorsed by this Committee; and,
2)
this report, along with this Committee's recommendations, be forwarded to the
Community Services Committee for review.
BACKGROUND:
The Community Services Committee at it's meeting of January 14, 2002, referred a request from
Gaylord Niagara Investments Inc.(attached), to the Municipal Parking and Traffic Committee, for
review and to report back to the Community Services Committee with it's recommendations.
The Municipal Parking and Traffe Committee at it's meeting of January 15, 2002 requested that
staff prepare a report on the issue.
In September of 2001, at the request of the Community Services Committee, Staff prepared a
report (attached), on monthly parking rates, based on a comparison of other Municipalities in the
area. The outcome of the review determined that our rates were the lowest and not
representative of either a Community of our size or a parking operation of our size. It was
subsequently recommended that all monthly parking rates be increased by $10.00 per month
effective January 1, 2002.
Following the approval of the new rates, notices were forwarded to ail existing monthly parkers
on November 15, 2001, advising them of the new monthly rates that would come into effect on
January 1, 2002. In addition, the new rates were also posted in the office for those coming to the
counter. To date, there have been very few who have taken the time to complain about monthly
February 19, 2002 -2- MW-2002-23
rate increases.
Further to the attached letter and the presentation at the Community Services Committee, Mr.
Juliar states that he is acting on behalf of many Downtown Business owners with respect to the
50% increase in monthly leased parking rates for the downtown lots. He feels that the new rate is
unwarranted, in light of the locked in rate extended to Acres House. Further, the new rates pose
a significant increase to many businesses and that this action serves as a disincentive in bringing
new businesses to the area. Mr. Juliar requested the Community Services Committee to consider
treating everyone fairly by reversing its decision and allowing everyone to pay the same rate as
Acres House.
In 1996, an agreement was signed between the Ontario Realty Corporation (ORC) and the City of
Niagara Falls, where the City would provide a total of 175 parking spaces, for a 10 year period, at
a cost of $10.00 per space per month. In addition, the ORC also contributed $75,000.00 towards
improving and paving the former King Edward Parking Lot to help free up some parking spaces.
The make-up of the parking spaces consist ofg0 parking spaces in Municipal Parking lots 1, 2
and 19 and the remaining 85 parking spaces are from City Hall controlled parking areas, the latter
of which, do not affect the parking fund. This agreement was conditional upon the sale of the
building and was later transferred to the new owners of the Acres House building, O & Y
Properties Inc.
At the time of the preparation of the agreement, Council consulted the Downtown BIA and the
general consensus was that the City should do whatever is necessary to see that the property was
occupied. At no time, was it ever agreed that the City would ensure that this type of arrangement
or these rates would be available to other businesses in the Downtown Area. The rates were not
frozen.
In order to give this committee all the facts, with respect to the costs associated with the parking
operation in the Downtown area, an examination of the current parking operation is outlined
below.
The are eight (8) municipal parking lots in the downtown area, with a total of 422 parking spaces,
of those, the majority (298) are monthly leased parking spaces.
The breakdown of expenses and revenues are as follows:
2001 Downtown Parking Lot Operations
2002 Downtown Parking Lot OPerations
Daily Operation Costs
Total Revenue
$ (95,000.00) Daily Operation Costs $ (95,000.00)
$ 58,000.00 Total Revenue $ 102,000.00
Net Revenue $ -37,000.00 Net Revenue $ 7,000.00
Daily operation costs include snowplowing, sanding and salting, equipment purchases, general
maintenance and taxes. Please note that the administration and capital works costs have not been
included in the above figures.
Febw_~_~y 19, 2002 -3- MW-2002-23
Based on the above evaluation, the Downtown Parking Lot Operation, with the new hourly
parking rates combined with our new monthly lease rates are able to cover our Daily
Operating Expenses.
Therefore, it is recommended that 2002 parking rates, as approved by Council, not be adjusted.
The Committee's concurrence with the recommendations outlined in this report would be
appreciated.
Recommended by:
Karl Dren, C.E.T.,
Manager of Traffic & Parking Services
~~i Eng.,
Director of Municipal Works
S :\TRAFFICSRE PORTS~2002~¢bmary 19~MW-2002-23.wpd
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NlflG. FALLS CLERKS
March 2002
His Worship Mayor Wayne Thompson and Members of City Council,
At Youth For Christ Niagara, our concem is for the youth of the city of Niagara Falls.
There is a growing number of young people these days listening to rap music.
Unfortunately, the rap music being presented to them is violent and self-destructive
in nature. We at YFC Niagara do not believe that Hiphop culture itself, the
expression of life through seven elements, is wrong, but we do believe that our youth
need to be introduced to positive and constructive influences in Hiphop culture. We
desire to introduce music that promotes family, the dignity and sanctity of life
without discrimination or prejudice, as well as citizenship and respect for authority
and the law.
To this end, we would like to hold a series of free outdoor concerts in the Niagara
Falls community, beginning with a concert at City Hall during Hiphop Appreciation
Week, being the third week of May in accordance with a declaration made by the
United Nations. Subsequent concerts of a smaller scale would then be held at a
different neighborhood park each week for the duration of the summer, for which we
would bring in rappers and performers with a positive message.
We are seeking permission to use various parks throughout the city between the hours
of 5PM to 9PM every Saturday from 18 May to 31August. For technical purposes,
we would also request that 110v outlets be installed in parks that we may use.
Thank you for your consideration of this matter.
Sincerely
Andrew Wyns
M~R-16-2002 13:33 FROM:SINCLAIR+NIAGARA+SAL 1800B486394 TO: ~05356D083 P: lx3
CL ,S'O 0318 08: /_ $
Ch/ppawa Amateur Athletic Associalion
C/O Winstou Auld
/5462 Caledonia Street
Niagara Fails, ON
L2G 5A3
March 15, 2002
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON
L2E 6X5
Attn: Mayor Wayne Thompson and All City Council Members
Re: Arena Complex in Chippawa
You were all aware of the fact that we have been promised on a few occasions that
we would definitely have a new facility in Chippawa to house our Junior Hockey Club.
Th/s promise was made r/ght on television at City Council last spring in the front of
thousands of eyes, because I ask the question when we were receiving our plaques from
the city for being Ontario Champions. The response by the Mayor was yes it is in the
budget and has been approved to go ahead with.
I understand that other things behind the seen came to light, but none of this should
have affected what we were promised in Chippawa time and time again. As leaders of
our community you can't state one thing one minute and then completely ignore it the
next. You are then made to look like you are not truthful w/th the residents of our city
and this is what I hear every day now in arenas, restaurants etc. You are losing the trust of
many of the people who supported you in the past. The Casino and the Tourist industry
are very important to our city, but also import_~t are those who have nothing to do with
either of these industries.
I have been involved with the Riverhawks since it started and the lack of support for
clubs such as ours is very evident when it comes to promises not kept.
Almost evev~hing in that arena, such as the Press Box, the heating and our dressing
room came from our funds, not the city's bank.
I now am asking for the city to consider a less expensive way of helping us out so we
can continue to run a strong franchise and entertain many local fans as well as develop
many youthful players who go onto school or higher levels of hockey.
It takes a lot of money to run a franchise, and with the bingo revenue way down that we
only get to run 6 months of the year, the loss of our license for our Beer for year tickets
sales then on and on, Money is much harder to raise now, because there ate less sponsors
who are willing to spend money because of the economic times,
MAR-16-2002 13:33 FROM:SINCLAIR+NIAGARA+SAL 18008486394 P:2x3
T0:~0S~S6~08~
Most teams make up some of their losses in the playoff run, but unfortunately for us we
can only get about 400 to 450 people in our arena, where all the others in our loop get
over 1,000 to a playoff game. It didn't pay us to move to the city arena last year and the
year before, because even though we increased our attendance the demands from our
affiliate club the B's hurt us financially. It is two bad that the two clubs can't work
together, what a great opportunity for both to be winners on the ice and off.
We need more seating in Chippawa and I was wondering why the city couldn't at
least have the back wall and the North wall moved out and put in proper seating all
around so we could seat over 1,000 spectators.
Another source of revenue would be to give us the concession fights at the arena in
Chippawa now that you have thrown Buck Out. These take overs of the concessions
are a big joke, Minor hockey needed theirs, we could use one and the B's could use one.
If you have an A club come to town again, you will be giving them the concession or
at least part of it. I go to minor hockey playoff games and the concession is closed and
no one there when it comes to intermission, what a joke. Many supporters of minor
hockey won't even go near your stand because of what you did and now when there
is an opportunity at a game with many out of town people, they close it before the
games are even half over.
We have to find ways to increase our revenue at the gate during these playoffs and the
only way is for more seating. We need your help.
Also, we are looking to nm our summer conditioning camp again this summer and try
to make up the lost revenue from our Beer for a year tickets. The only way to make
a decent margin during this camp is to have our city give us a very large concession
on the ice hours for the summer instead of paying full amount.
This camp will have many youthful hockey players on the ice all summer long preparing
themselves for the coming season. It keeps kids off the streets and at the same time helps
them enhance their skills. This camp is very time consuming for many on our commiitee
and we love the opportunity to work with the boys between the ages of 15 and 20 years
of age.
I would like the city fathers to have a hard look at this and give me some answers so we
know where we are going with this franchise in Chippawa.
We need your support now, not promised and never kept as before,
Thank you for your considerations.
Winston Auld
M~R-~6-~00~ 13:~4 FROM:SINCL~IR+NI~G~R~+S~L 18008486~4 TO:~05~6908~ P:~/3
Director of Recruitment &
Development of Players
P.S. I had a petition going around regarding the false promise regarding our arena in
Chippawa and I actually have over 800 names. I have come to realize after a lot of
talking to various members of our community, that there are other ways to fight city
hall. I don't want to fight with city hall, all I want is your help for our organization.
Does the city have any funds for Championship teams such as ours, we had to borrow
and put out $13,000.00 for rings for the champions. This goes on in all Junior Hockey
and it might happen again this year. Without the spectators in our arena because of the
lack of space, we will have a very hard time keeping the wolves away from our door.
L ownl.own
N agaraF 5
Board of Management
Thursday, February 28, 2002
P.O. Box 5,
Niagara Fails, Ontario
L2E 6S8
Tel.: (905) 354-0606
Fax: (905) 354-5541
dbia @on.aibn.com
www. downtownniagarafalls.com
Mayor Wayne Thomson,
Niagara Falls City Hall,
4310 Queen Street,
Niagara Falls, ON
L2E 6S8
Your Worship Mayor Wayne Thomson:
As the Chairman of the Downtown Board of Management, I would like to take this opportunity to
thank you and your staff for meeting with our board this past Thursday, February 21a. We feel
confident that we can resolve many of the issues brought to the table and look forward to meeting
with you and your staff on a continuing basis.
At this time, we would like to present the following to City Council for review:
We think you will all agree how nice the white lights look on the trees located on Queen
Street. However, it is extremely expensive for the hydro to keep them on (approximately
$1200 every three months). Since we feel that City Hall also benefits by this
beautification, we are requesting, that City Council help to subsidize the hydro expense '
that would be incu~ed to keep the lights on all year. Currently, St. Cathadne's City
Council picks up the tab for the floral pots and planters that are displayed in their
downtown core. The Niagara Falls Downtown Board is spending $15,000 (30% of our
budget) on floral beautification that we feel benefits City Hall and are not subsidized in
any way by City Council.
Based on the success of reopening the market between Queen and Park Street, the
Board would like to request unlimited access and use of the market area. We feel that
the market is an opportunity to increase traffic to the downtown on a regular basis each
weekend of the market season (May to October). We are requesting that you waive all
permit fees and support the effort by cleaning and rapaiflng the building area for ear
ongoing use. We are also requesting that the City provide electricity to accommodate
vendors that will provide perishables in addition to providing washroom facilitiss to the
patrons of the market. Again we would like to point out that St. Cathadne's City Council
has recently invested a reported $1.9 million on revitalizing and enhancing their market
space.
Thank you for your consideration on these matters, we look forward to hearing your decisions~
Please contact my self at (905) 356- 7695, or the board office at (905) 354-0606.
Sincerely,
Amodeo,
Chairman
Ja/jc
Downtown Niagara Falls: Where Variety Makes the Difference
The City of
Niagara
Canada
Corporate Services Department
Clerk's Division
4310 Queen Street
P.O. Box 1023
Niagara Fails, ON L2E 6X5
web site: www. city.nlagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-9083
E-mail: diorfida~city.niagarafalls.on.ca
Dean Iotfida
City Clerk
March 8, 2002
Mr. Joe Amodeo, Chair
Downtown Board of Management
#6 - 4400 Queen Street
Niagara Falls ON L2E 2L3
Dear Joe:
Further to the recent meeting convened by the Mayor, I looked into the following items:
Use of an Outside Auditor for Annual Financial Statements
Unfortunately, the Municipal Act dictates that "the municipal auditor shall be the auditor of each
board of management (see attached)". I have been told, however, that the fee charged by the City's
auditor is well below the regular going rate for such an audit.
Licensing of the Market
In the Fail of 2000, as you probably recall, members of the Downtown BIA approached City staff
about reviving the Park Street market. Your membership wanted to encourage vendors at the market
and, therefore, the BIA wished to pay any licensing fee. Because of the nature of the items being
offered, it was determined that the activities would fall under the City's Flea Market licensing. Due
to the fact that the Flea Market was starting in September, the regular license fee of $1,150/year was
prorated for a total of $376.04.
As for this year, determining the fee would depend on what activity is planned for the market. If,
once again, the use is as a flea market then the fee would most likely be $1,150. If the market is to
once agin be used as a traditional faimers' market where produce is sold then the rates would be
determined by our Market By-law fee schedule (see attached). These fees are traditionally paid by
the farmers but if the Downtown Board wanted to assume them, I am sure that could be arranged.
Regardless of what is ultimately decided for the market, City staff will work with you to come up
with a fee that is equitable and not onerous.
Working Together to Serve Our Community
Clerk's Finance · Human Resoumes · Information Systems , Legal · Planning & Development
Board of management - s. 220(6)
(6) A board of management established under subsection (1) is a body corporate and shall
consist of such number of members appointed by council as the council considers
advisable, at least one of whom shall be a member of the council and the remaining
members shall be individuals who are persons who are entitled to notice under subsection
(2) or clause (2.1)(a) or who are nominated by such persons. R.S.O. 1980, c. 302, s.
217(19); 1993, c. 27, Sch; 1997, c. 5, s. 51(4).
Term of office - s. 220(7)
(7) Each member shall hold office from the time of appointment until the expiration of
the term of the council that made the appointment, if the member continues to be
qualified, as provided in subsection (6).
Vacancy - s. 220(8)
(8) Where a vacancy occurs from any cause, the council shall appoint a person qualified
as set out in subsection (6) to be a member, who shall hold office for the remainder of the
temx for which his or her predecessor was appointed.
Idem - s. 220(9)
(9) The members shall hold office until their successors are appointed and are eligible for
reappointment on the expiration of their term of office.
Estimates - s. 220(10)
(10) A board of management shall submit to the council its estimates for the current year
at the time and in the form prescribed by council and may make requisitions upon the
council for all money required to carry out its powers and duties, but nothing herein
divests the council of its authority with reference to rejecting such estimates in whole or
in part or providing the money for the purposes of the board of management and when
money is so provided by the council the treasurer shall, upon the certificate of the board
of management, pay out such money to the board of management.
Expenditure of money - s. 220(11)
(11) The board of management shall not spend any money not included in the estimates
approved by the council or in a reserve fund established under section 163.
Borrowing prohibited, restrictions on incurring indebtedness -- s. 220(12)
(12) The board of management shall not borrow money and. without the prior approval of
the council, it may not incur any indebtedness extending beyond the current year. R.S.O.
1980, c. 302, s. 217(19); 1993, c. 27, Sch.
Procedures - s. 220(13)
(13) Section 147 of this Act and section 65 of the Ontario Municipal Board Act apply to
the giving of an approval of indebtedness by a council under subsection (12) as though
the giving of the approval were the incurring of the indebtedness by the municipality.
R.S.O. 1980, c. 302, s. 217(19); 1993, c. 27, Sch; 1996, c. 32, s. 51.
Annual report - s. 220(14)
(14) On or before the 1st day of March in each year, a board of management shall submit
its annual report for the preceding year to council, including a complete audited and
certified financial statement of its affairs, with balance sheet and revenue and expenditure
statement.
Auditor - s. 220(15)
(15) The municipal auditor shall be the auditor of each such board of management and all
books, documents, transactions, minutes and accounts of a board of management shall, at
all times, be open to his or her inspection.
Financial Monitoring
The responsibility for financial monitoring of the board lies with municipal council. The board
submits an annual report to the council that must include a complete aUdited and certified
financial statement, including a balance sheet and revenue and expenditure statements.
The municipal auditor acts as the auditor of the board. The board must make all books,
documents, transactions, minutes and accounts of the board available to the auditor at all
times.
The board may wish to consider an open-book policy with respect to their membership and
present their financial statement and proposed budget at the Annual General Meeting of the
BIA so that members have an opportunity to scrutinize the board's financial management and
provide constructive suggestions.
2.?
City of Niagara Falls, Ontario Canada - City Hall - Clerks Dept. Page 1 of 4
All Ucence Fees
,SCHEDULE 1 TO BY-LAW 2001-31
Amusement Place, Etc. IJ $ 45.00
Auctioneers jl65.oo
Bake Shops
Barber Shops, Hairdmssing and II
Esthetician Establishments 30.00
IBill and Sign Posting and Installation I 100.00
Jl EXPII~.TION I
II~°~' 3° '1
IiDec' 31 I
IID.c. 31 I
IIDec. 31
Dec. 31
Billiard, Bagatelle and Pool
Establishments
70.00 + $20.00 per table
Dec. 31
Bowling Alleys ][20.00 per lane ]lDec. 31.
, Dec. 31
'Commercial..., Parking Lots 11'100.00 II~ec. 31 I
D,vingSc~oo, }1~o.oo JlDec. 3~ I
Driving Instm~ , I1~.oo II~c-
E~ibitions, Etc. I1~.00 liar. 30
][650.00 first 3 ~n~tive d~s + an additional
FI~ Ma~ets Il100.00 per day {to a m~. ~ $1,150.00 in OhO
IImlendar
Fo~ Premises 30.00 IIDec. 31
Laund~men, Laund~ Companies, II
D~ CIoaners, Etc. 30.00 Dec. 31
Mota,~
Pedlars
1. Resident
2. Non-Resident
110.00
650.00
Dec. 31
http://vmrw, city. niagarafalls, on. ca/cityhall/clerks/licence.html 12/17/200
t/lty ot Niagara Falls, Ontario Canada - City Hall - Clerks Dept. Page 2 of 4
Photographers
1. Resident
65.00 Dec. 31
2. Non-Resident 140.00
Public Garages, Automobile Service
Stations
1. Garages 30,00 Dec. 31
30,00
2. Auto Service Stations
Public Halls
1. Grade I - Capacity 1,000 + 45.00
2. Grade II - Capacity 600-999 40.00 Dec. 31
3. Grade III - Capacity 300-599 35.00
4. Grade IV - Capacity 299-under 30.00
Refreshment Vehicles
1. Motorized 185.00 Apr. 30
2. Non-Motorized 100.00
Re~aurants 114o.oo I1~r. 30 I
Specific Location Daily Sales
1. Resident 150.00
2. Non-Resident 500.00 first day + an additional $100.00 per day
(to a max. fee of $1000.00 in one calendar yr.)
3. Charitable Groups
o 1st 3 days 325.00
o Additional days 50.00 per additional day (to a max. fee of $575.00
in one calendar yr.)
T~tooandBodyPlercingParle'urs 111~0.00 IIDac. 34
T,eatres 11110.00 IIDec. 31
J'rherapeutic Massage Operator 1175.oo II Oec: 3h
hour,st,omes, Bed and ~rea~*asts 1165.00. IIAPr. 30
Contact Information
If you require further clarifications please contact us:
Mary Ann Thompson
http://www, city. niagara falls.on, caJcityhall/clerks/licence.html
12/17/2001
Stalls 1 to 37 inclusive
*Stalls M1 to M5 inclusive
SCHEDULE "C"
TO BY-LAW 81-274
FEES
NIAGARA FALLS FARMERS MARKETS
DAII,Y MONTHLY
$35 $105
YEARLY
$175
$6OO
i**"
Lundy's Lane Historical Museum
His Worship Mayor Thomson and Members of City Council
c/o City Hall
4310 Queen Street
Niagara Falls, Ontario
L2E 6X5
March 4, 2002.
Mayor and Members of Council:
In response to a recent public request, the question of commemorating the many years of
Railway history in Niagara Falls was brought before the Board of Museums. As a Board we
believe that it is important that this integral part of our history not be lost.
In a perfect world, a part of the track could be left in its original location and a plaque set up
outlining the significance of the rail line that ran through the City. We understand that this may
not be possible and suggest an alternate idea - that two sections of track, both the rails and the
ties, be saved and stored to be later reintroduced as a part of the street scape design. This would
then allow for a plaque in a prominent location and would commemorate one of the most
important eras of our City's past. It is suggested that the track be stored on City Property, to
allow for this future use. We feel that due to the swiftness of the track removal, this must be
addressed at the present time, when the equipment is available for moving the track. As seen on
the a*~ached photo, many of the tracks are dated circa ! 930, it is significant in itself that the
tracks have been there for 72 years.
We appreciate your consideration on this matter and look forward to hearing from you.
Sincerely,
James Brown
Chair, City of Niagara Falls Board of Museums
CC.
encl.
Adele Kon - Director Parks, Recreation and Culture
John MacDonald- CAO
Lundy's Lane Historical Museum 5810 Ferry Street, Niagara Falls, Ontario L2G 1S9
Telephone 905-358-5082 · Fax: 905-358-0920 · Emaih Ilmuseum@city.niagarafalls.on.ca
The Niagara Parks 0319 09::L? P.o. Box 150, Niagara Falls, Ontario, Canada L2E 6T2
Ontario
Brian E. Merrett
Chaim~an
John A.M. Kernahan
Geoeral Man.er
E-Mail: npinfo@niaoaraparks.com
Web Site: http://www, niagaraparks.com
Telephone 905/356-2241 Fax 905/354,6041
March 10, 2002
Mr. Dean Iorfida, City Clerk
City of Niagara Falls
4310 Queen Street
Niagara Falls, ON L2E 6X5
Subject: Falls Fireworks Program 2002
Dear Mr. Iorfida:
The Niagara Parks Commission and other local sponsors request permission to carry
out the Falls Fireworks displays similar to last year. The displays will begin at 10:00 p.m.
May 17 through September 1, 2002 on Sundays and Friday nights.
In addition to the regular program, there will be displays on the major Canadian and
American holidays. Please see the attached print out for scheduled dates and times of
the displays.
The location will remain the same as last year at the new site in the Lower Gorge along
the Power Generation Access Road. The displays will be installed and fired by the
pyrotechnical experts from David Whysall International Fireworks, Inc., Kenilworth,
Ontario. They are familiar with the site and are in the third year of a three-year contract.
The City of Niagara Falls will be listed as co-insured, with liability coverage for
$5,000,000. A Certificate of Insurance will be arranged and sent to the City of Niagara
Falls directly by David Whysall within the next few weeks. John Laur of the Fire
Prevention Department will also be notified of the times and dates.
Thank you for your assistance.
Your.s truly, _ ,~
Murray Mold, Senior Director
Marketing and Business Development
Niagara Parks
Attach.
2002 Fireworks Over
The City of
Niagara Falls
Community Services Department
Business Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city,nlagarafalls.on,ca
Tel: (905) 356-7521
Fax: (905) 357-9293
E-mail: sfelicet@city.niagarafalls.on.ca
Serge Felicetti
Director
BDD~002~I
March 25, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: BDD-2002-01, Niagara Commercial Properties User Agreement
RECOMMENDATION:
It is recommended that Council agree to sign the Niagara Commercial Properties User Agreement.
BACKGROUND:
The City of Niagara Falls website when launched five years ago was one of the first in the country
to have commercial/industrial real estate listings on its site. The City's website provided an
opportunity for developers, site selectors and businesses from around the world to obtain details
regarding the business opportunities available in our community. Recently, Business development
staff was invited to participate on the Niagara Economic and Tourism Corporation's, Niagara
Commercial Properties Steering Committee. The committee was responsible for developing a new
commercial real estate web page. (www.niagaracp.com)
The site will provide extensive information relating to business development, community data, sector
profiles, labour markets, business support and international trade information. The information on
the site is managed and maintained by the users (Realtors, property managers, property owners and
municipalities) which helps to make the site sustainable. In addition to public information,
confidential information on the site is shared with Municipal partners to facilitate the site selection
process. Since some of the information contained in the database may be sensitive in nature, all
potential users must sign a user agreement before gaining access to the database. Several meetings
have taken place with Business Development, Information Systems and Legal staffto finalize the
terms of the agreement with Niagara Economic Tourism Corporation. There is no cost to the city to
participate in the site. As a result, the Business Development staff is seeking authorization from
Council to enter into such an agreement.
The Niagara Commercial Properties database containing Niagara Falls properties can be downloaded
by the Business Development staff and be used to support the current "Available Real Estate"
section found currently on the City's website www.cit¥.niagarafalls.on.ca. Participating in the
Niagara Commercial System project will ensure that Niagara Falls will receive additional marketing
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
March25, 2002 -2- BDD-2002-01
exposure through the regional site. Also, NETC is presently negotiating with external agencies such
as OREA (the Ontario Real Estate Association) to post information detailing Niagara Properties to
the larger Provincial, National and International Commercial/Industrial properties systems.
Council concurrence of the recommendation would be appreciated.
Recommended by:
Serge Felicetti
'Director of Business Development
SF/Iw
/~R~spect~l~ly submitted:
/~ Chief Administrative Officer
Encl.
NIAGARA
~ ECONOMIC & TOURISM
CORPORATION
Niagara Commercial Properties
User Agreement
BETWEEN:
NIAGARA ECONOMIC AND TOURISM CORPORATION
(Hereinafter called '%IETC")
Of the First Part;
THE CORPORATION OF THE CITY OF NIAGARA FALLS
(Hereinafter called "the City")
Of the Second Part;
Niagara Economic and Tourism Corporation (NETC) hereby agrees to permit The
Corporation of the City of Niagara Falls (City) to use the database for Niagara
Commercial Properties, for a term of one (1) year, automatically renewable, until
terminated.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
sum of TWO DOLLARS ($2.00) now paid by the City to NETC (the receipt of which is
hereby acknowledged), the parties hereto mutually covenant and agree as follows:
1.0 AGREEMENT
1.1
The Niagara Commercial Properties database ("Database") and web site
"www.NiagaraCP.com", collectively, ("NiagaraCP") are owned and operated by
Niagara Economic and Tourism Corporation ("NETC") and operated in
conjunction with Commercial Realtors, the Niagara Association of Realtors,
approved Economic Development Professionals and property owners/managers.
Herein, individual realtors, board representatives, economic
development professionals and property owners/managers with access to the
system are referred to as the "User". This property system is provided to the
City's Users (hereinafter referred to as "User") under the terms and conditions of
this Niagara Commercial Properties User Agreement and any amendments thereto
and any operating rules or policies (collectively "Agreement"). NETC reserves
the fight, in its sole discretion, to change, modify, add or remove all or part of the
Agreement at any time. Notice of such changes and/or modifications will be sent
to Users in writing.
1.2
By accepting the terms and conditions of the Agreement, the User represents and
warrants:
That he or she is authorized by NETC to access the secured areas of NiagaraCP.
The User agrees to provide, to the best of his or her knowledge, true, accurate,
current and complete information about the User as prompted by the NiagaraCP
User Registration Form. The User agrees to maintain and update this information
to keep it true, accurate, current and complete. The registration of the User may
be temfinated by NETC if:
· any information provided by the User is untrue, inaccurate, not current, or
incomplete,
· the User is no longer authorized, for reason of change of status, through which
he or she obtained NETC authorization.
NETC has the right to terminate registration of the User subject to the above
misuse or change of status and refuse any and all current or future use of
NiagaraCP.
b)
That property information provided to NiagaraCP by the User includes to the best
of the User's knowledge true, accurate, current and complete available data as
prompted by the NiagaraCP Property Listing Form (in print form or online). The
User agrees to maintain and update this information to keep it true, accurate,
current and as complete as possible. If any information provided by the User is
untrue, inaccurate, or not current, NETC has the right to change, modify, add to or
delete any property data in whole or in part. Notice of any changes,
modifications, additions or deletions will be provided to the User by e-mail. If the
User does not have an email address, notice will be given to the e-mail address
from which the data was input.
1.3
Users, other than those excepted, will be restricted to public view for all
properties other than their own. As an exception approved Economic
Development Professionals and the Niagara Association of Realtors
representatives will be pemfitted full access to additional information, submitted
by Users directly or through the Niagara Association of Realtors. Additional
information is defined as data that is not available in the public view.
1.4
By completing the NiagaraCP User Registration the User agrees to be bound by
the Agreement. If these terms and conditions or any future changes are
unacceptable to the User, the User may cancel this agreement pursuant to Section
5.0 regarding termination of service.
1.5 By entering into this agreement with the User, NETC agrees to:
a) market properties submitted to the NiagaraCP database using the NiagaraCP
website.
b) maintain the NiagaraCP website as part of NETC's global investment marketing
initiative.
c) maintain NiagaraCP as part of NETC's Investment Marketing Strategy for an
initial period of 1 year.
d) add up to two additional contacts, if those two users have authority to offer the
property for sale or lease.
1.6
NETC and the local municipalities are given the authority to download sites
within their jurisdiction for economic development purposes with the following
conditions:
a) The information obtained from NiagaraCP may not be altered in any manner.
b) All downloaded infom,ation that is published must be updated monthly.
1.7 The User agrees that any information marked "Restricted" will not be reproduced
or published, unless it is the User's own restricted information.
2.0 DESCRIPTION OF NiagaraCP
2.1
NiagaraCP is a marketing tool that is operated by NETC in conjunction with the
Niagara Association of Realtors. NiagaraCP allows Users to store and retrieve
information on available commercial and industrial properties throughout Niagara
Region.
2.2
NiagaraCP provides an interactive interface, allowing the global investment
community to search for available commercial and industrial properties.
3.0
OBLIGATIONS OF THE USER
3.1
The User acknowledges that all data that is User added to the Database is the
responsibility of the User as to completeness and accuracy, through verification of
and corrections to the data.
3.2
The database, and all information contained in NiagaraCP in all forms, save and
except the data provided by the specific User however pubhshed or made
available, is the confidential and sole property of NETC for use by the User, in
common with the global investment community, subject to this Agreement.
Confidential information provided and marked as restricted, both in the input
foim and view for Economic Development Professionals, the Niagara Association
of Realtors and local municipal Users only, is for the sole use of the Users.
Restricted information as marked is not to be used in whole or in part by a User
except in the course of the investment marketing endeavours of the User.
3.3
Database usernames and passwords are for the sole and exclusive use of the User
and disclosure to anyone is prohibited. Disclosure of a password to a third party
gives NETC the right to terminate the registration of the User and refuse current
and future use of the database.
3.4
The City agrees that for the purpose of this agreement the Users for the City shall
be as shown on appendix A, attached hereto and forming part of this agreement.
3.5
The right of the User to provide data pertaining to the sale or lease of a property
must be authorized by the owner. In the event that one or more than one User
submits data on the same property to NiagaraCP, only the user who first submitted
an authorized listing will have edit privileges. The name and contact information
only of the second and third submitting user will be added to the data.
4.0 AUTHORIZED USE AND ACCESS TO INFORMATION
4.1
The information contained in the Database marked Restricted and not provided by
the User, is confidential and shall not be used for unauthorized uses. The User
may not store, electronically or otherwise, any additional information submitted
by other Users.
4.2 "Authorized Use" means;
a)
b)
the extraction of data from the Database by Users in good standing
necessary to assist them in, the trade of real estate property or to give
assistance to site selectors in their search for commercial or industrial land
or buildings;
c) any specific use authorized in writing by NETC,
d) any User can extract any data, provided by itself to NETC,
e)
City Users may extract from the Database any data not marked restricted
for the incorporation into their own website or other Economic
Development documents.
4.3
"Unauthorized Use" means any use not set out in section 4.2 and includes but is
not limited to:
a) reproduction of the data, which is not provided for in the agreement;
b)
the alteration, modification, destruction or reformatting of the data on the
Database in any form whatsoever, electronic or otherwise; and
c) the sale and distribution of any portion of the Database to any third party.
5.0
TERMINATION
5.1 The User may terminate this Agreement at any time via written correspondence to
NETC.
5.2 NETC may, at its sole discretion, terminate this Agreement if any of the following
occur:
a)
b)
The User ceases to meet the terms and conditions of this Agreement;
NETC ceases to operate the Database.
5.3 All fees paid to NETC, for NiagaraCP if applicable, are non-refundable.
6.0 LIMITATION OF LIABILITY & INDEMNITY
6.1
Notwithstanding anything in this agreement, NETC does not in any manner
guarantee that any display of any information in the Database, whether on screen
or in a printout or printed material, is complete or wholly accurate or that any
service will function without failure or interruption.
6.2
The use of the services and information is solely at the risk of the User and in no
event shall NETC be liable for any damages of any amount or kind for such use,
even if User advises NETC of the possibility of such damages.
6.3
NETC makes no warranties, representations, promises, conditions or undertakings
whatsoever, whether expressed, implied, collateral or otherwise, regarding the
services of the display of any information from the Database, whether on screen or
in a restricted view or in a printout or in printed material. NETC hereby expressly
disclaims any and all other warranties and conditions (including those of
merchantability and fitness for any particular purpose) whether arising by
situation, or operation of law, or from a course of dealing or usage of trade, or
otherwise.
6.4
NETC the City and the User shall not be responsible to each other for any indirect,
special or consequential damages or any other obligation or liability arising out of,
or in any way connected with, this Agreement or information supplied hereunder,
including computer failure or interruption, negligence or fundamental breach.
7.0 AMENDMENTS
7.1
Both the User and NETC retain the right to amend this Agreement at any time in
order to reflect changes including, without limitation, hardware or software or
administrative changes, subject to both parties executing the said amendment to
this agreement..
8.0 INDEPENDENCE OF PARTIES
8.1
It is understood and agreed that NETC is acting solely in the provision of services
to the User, and in no way is legally or otherwise associated with the business
operations of the User.
9.0 LINKS
9.1
Without limiting the effect of Article 6.0, User agrees that NETC is not
responsible for the contents of any off-site links to this web site.
10.0
NOTICES
10.1 All notices contemplated or required shall be effective if sent via e-mail unless
otherwise stated in this agreement.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective
corporate seals duly attested by the proper signing officers in that behalf duly authorized.
NIAGARA ECONOMIC & TOURISM
CORPORATION
CEO (please print)
Chairman (please print)
CEO (Signature)
Date
Date
THE CORPORATION OF THE CITY
OF NIAGARA FALLS
Mayor (please print)
Mayor (Signature)
Date
Clerk (please print) Clerk (Signature) Date
APPENDIX "A"
Commercial Properties Niagara
User Registration Form
[] I am a Realtor and I meet the following criteria:
A. That I have read and agree to abide by the terms and conditions of the Commercial Properties Niagara User
Agreemem
B. That my status as a user of Commercial Properties Niagara is restricted as set out in the Commercial Properties
Niagara User Agreement and will cease immediately upon relinquishing registration with the Real Estate
Council of Ontario.
[] I am an Economic Development Professional (EDP) and I meet the following criteria:
A. I declare that I am employed by the Corporation of the City/Town/Township of
in the Regional Municipality of Niagara to act for the City/Town/Township
Corporation in Economic/Business Development matters.
B. That I have read and agree to abide by the terms and conditions of the Commercial Properties Niagara User
Agreement
C. That my status as a User of Commercial Properties Niagara is restricted as set out in the Commercial Properties
Niagara User Agreement and will cease immediately upon a change in my occupational status.
[] I am a Property Owner or Manager and meet the following criteria:
A. That I have read and agree to abide by the terms and conditions of the Commercial Properties Niagara User
Agreement
B. That my status as a user of Commercial Properties Niagara is restricted as set out in the Commercial Properties
Niagara User Agreement.
Login type:
[]
Name:
Title:
Company/Corporation: City of Niagara Falls
Address:
Phone:
Email:
Faxi
Signature:
Date:
I require a usemame and password to add/modify site information.
I require only a usemame to enable the Real Estate Board to add/modify site information on my behalf.
Niagara Falls
Community Services Department
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-mail: fhigginsl~city.niagarafalls.on.ca
Ed Dujlovic, P. Eng.
Director
MW-2002-3g
File 2002-04
March 25, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
Re-'
MW-2002-39
Contract2002-04
2002Asphalt Patching, City Wide
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Norjohn Ltd., be accepted.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened
tenders on Wednesday, March 20, 2002 at 1:30 p. m. for the above noted contract.
Tender documents were picked up by four (4) Contractors and three (3) bids were received.
Listed below is a summary of the totalled tendered prices, excluding GST, received from the
three (3) Contractors.
1. Norjohn Ltd.
(Niagara Falls)
$370,662.00
2. Rankin Inc.
(St. Catharines)
$416,325.00
3. Economy Paving Co. Ltd. (Niagara Falls)
$431,000.00
The lowest tender was received from Norjohn Ltd. in the amount of $370,662.00.
This Contractor has previously performed similar type projects for the City. We are therefore, of
the opinion, that this Contractor is capable of successfully undertaking this project.
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development
2002-03-25 2 MW-2002-39
Financing:
The Engineer's estimate for this contract was $400,000.00.
Project Costs:
Awarded Contract
Net G.S.T. 3%
Funding:
TOTAL
Streets Dept.
Various Water and Sewer accounts
Capital Construction Program,
Railroad track removal
TOTAL
$370,662.00
$11,119.86
$381,781.86
$250,000.00
$100,000.00
$ 50,000.00
$400,000.00
This project is scheduled to commence on April 8, 2002, and will be ongoing throughout the
year. Work will be completed up to the budgeted amounts.
Councils' concurrence with the recommendation made would be appreciated.
Prepared by:
Frank Higgins, C.E.T.
Manager of Projects
/~spectfully Submitted by:
{~/ Chief Administrative Officer
Ed Dujlovic, P. Eng.,
Director of Municipal Works
Community Services Department
The City of
Niagara FailsI
Canada
Municipal Works
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-2354
E-maih fffiggins@city.niagamfalls.on.ca
March 25, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls
Members:
MW-2002-40
Contract 2002-116-01
Victoria Avenue BIA Sidewalk Improvement
Ed Dujlovic, P. Eng.
Director
MW-2002-40
File 2002-116-01
RECOMMENDATION:
It is recommended that the unit prices submitted by the low tenderer, Sacco Construction Ltd., be
accepted.
BACKGROUND:
The Tender Opening Committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened
tenders on Wednesday, March 20, 2002 at 1:30 p. m. for the above noted contract.
Tender documents were picked up by seven (7) Contractors and four (4) bids were received.
Listed below is a summary of the totalled tendered prices, excluding GST, received from the
four (4) Contractors.
1. Sacco Construction Ltd.
2. Alfidome Construction Ltd.
3. Stevensville Lawn Service
4. Steed & Evans Ltd.
( Niagara Falls )
( Niagara Falls )
(Stevensville)
(Thorold)
$ 77,643.50
$ 94,576.00
$102,832.00
$104,624.00
The lowest tender was received from Sacco Construction Ltd. in the amount of $77,643.50.
This Contractor has previously performed similar type projects for the City. We are therefore, of
the opinion, that this Contractor is capable of successfully undertaking this project.
Working Together to Serve Our Community
Municipal Works Fire Services · Parks, Recreation & Culture Business Development
2002-03 -25 2
Financing:
The Engineer's estimate for this contract was $75,000.00
Project Costs:
Awarded Contract
Net G.S.T. 3%
Funding:
Victoria Ave. B.I.A.
$77,643.50
$ 2,329.31
TOTAL $79,972.81
$79,972.81
MW2002-40
TOTAL $79,972.81
The Victoria Avenue B.I.A. has been advised of the tendered results, and that the low bid was
within the estimate indicated to them.
This project is scheduled to commence on April 8, 2002 with a completion date of May 17, 2002.
Councils' concurrence with the recommendation made would be appreciated.
Prepared by:
Frank Higgins, C.E.T.
Manager of Projects
~ by:
Ed Dujlovic, P. Eng.,
Director of Municipal Works
Respectfully Submitted l~y:
acD0
Chief Administrative Officer
S:~EPORTS~002 Reports~MW-200240 Victoria Ave BIA Sidewalk Improv.wpd
The City' of
Niagara FallsI
Canada
Community Services Department
Parks, Recreation & Culture
7565 Lundy's Lane
Niagara Falls, ON L2H 1G9
web site: www.city, niagarafalls.on.ca
Tel: (905) 356-7521
Fax: (905) 356-7404
E-mail:akon@city.niagarafalls.on.ca
Adele Kon
Director
R-2002-16
March 25, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2002-16 - Friends of Lundy's Lane Battlefield
RECOMMENDATION:
For the information of Council.
BACKGROUND:
The purpose of this report is to respond to an e-mail in which allegations were made (see attached)
and sent to both Members of Council and Senior Staff by Margaret Mingle on behalf of the Friends
of Lundy's Lane Battlefield (Friends).
Mrs. Mingle indicates that "it has come to her attention" incorrect statements have been made about
the Friends of Lundy's Lane Battlefield's financial status. We would suggest that the source for her
information is not correct.
The first two allegations named the Finance Department. With regard to the first allegation, "The
Finance Department HAS NOT been in touch with our auditors to obtain information on our
financial status, nor do they have the authority to do so." Even though the Finance Division was
requested by the Committee to obtain information from the Auditors, the City does not have the
authority to do so. Therefore, we did not attempt to contact the auditors. It was never suggested by
City staff that we intended to do so. However, prior to December 18, 2001, the Finance Division
made several requests to the Friends to complete the necessary forms to acquire payment for the
completed work. Finance did get some information, then discovered that there was missing
information. Finance did fill out the forms from the City's information and then forwarded them to
the Friends on December 18, 2001. We asked to be kept advised of the progress and that the Friends
provide the City with copies of any correspondence sent to, or received from, the Millennium Bureau
regarding the final claim. To date, no information has been received.
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation & Culture Business Development
R-2002-16 - 2 - March 25, 2002
With regard to the second allegation, "NO ATTEMPTS have been made by the Finance Department
to request or arrange a meeting with the Friends." Prior to the January 28, 2002 meeting, several
meetings were held between City staffand representatives of the Friends of Lundy's Lane Battlefield
to discuss the costs, invoicing and payments for work associated with the Battlefield work. At the
January 28, 2002 meeting, we were told that the invoicing for the work has finally been submitted
by the Friends to the Millennium Bureau. Therefore, another meeting seemed unnecessary.
As a back grounder, Finance Division has been involved with the project since July 2000. At that
time, and in cooperation with other staff, under the direction of Council, Finance agreed to do the
accounting, payables and receivables for the project. At each quarter of the year, an invoice was
presented to the Friends for their portion (including the Millennium Bureau) of the total project
costs. Approximately $243,000 has been billed of which $53,000 has been paid by the Friends.
As per the letter from the Friends, Staffis now significantly concerned about the collection of this
outstanding account. The letter indicates that Finance has inappropriately invoiced the Friends for
project expenditures and has questioned Staffs authority to do so.
Mrs. Mingle's remaining allegations deal with staffusurping the Friends' authority to manage the
project and staff's lack of cooperation. As Members of Council are aware, the Friends did receive
a grant for improvements to the Lundy's Lane Battlefield. However, the Friends had the mistaken
impression that the Millennium Bureau also gave them jurisdiction over City property. In the early
stages of the grant, the Millennium Bureau recognized the City staffrole and recommended that the
contract be transferred from the Friends to the City. However, staff did not want to hurt a volunteer
group, and therefore, did not pursue this change. In hindsight, this recommended change would have
alleviated many of the ongoing problems.
From the onset, as with all other projects fimded by volunteer groups, City staff assumed full
responsibility for project coordination. It is unfortunate that in the early stages of the project, staff
was not aware that the Friends desired to manage the project. Once this was understood, the Friends
were advised by staffthat it would be necessary to direct their request to City Council. However,
for reasons unknown, the Friends chose not to address Council with their request. Clearly, staffdoes
not have the authority to delegate their responsibility to a volunteer group.
From the beginning of the Fralick's restoration project, the Friends did have the opportunity to
provide input into the project. Thirty-seven (37) meetings were held between April 2000 and
October 2001, and one or more representatives attended all but two of the meetings. In addition,
another five meetings were held with the Friends and members of senior staffto address a number
of issues including project management.
R-2002-16 - 3 - March 25, 2002
Mrs. Mingle stated that there were numerous untrue statements made by City staff during the past
three years. Staff find this comment offensive and welcome the opportunity to address all of Mrs.
Mingle's allegations. Staff is also of the opinion that many of these issues have already been
discussed with the Past President (Janice Wing) of the Friends and other Executive Members.
However, staff is prepared to formally revisit these issues in order to bring closure to this matter.
Adele Kon
Director of Parks, Recreation & Culture
Recommended by:
Tony Ravenda
Executive Director of Corporate Services
Prepared by:
Ken Burden
Director of Finance
AK/KB/das
Attachment
Respectfully Submitted:
Chief Administrative Officer
S:\Council\Counci12002LR-2002-16 Friends of Lundy's Lane Battlefield.wpd
Friends of the Lundy's Lane Battlefield
7101 Ridgewood Crescent
Niagara Falls, Ontario
L2J 2C2
(905) 358-6514
February25,2002
Mayor Wayne Thomson and Members of Council
City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Re: "Development of the Lundy's Lane Battlefield as a Historic Site" Project
Dear Mayor and Council,
It has come to our attention that incorrect statements were made at the January 28,
2002 Community Services Committee meeting about the Friends of the Lundy's Lane
Battlefield and our financial status.
1. The Finance Department HAS NOT been in touch with our auditors to obtain
information on our financial status, nor do they have the authority to do so.
2. NO ATTEMPTS have been made by the Finance Department to request or arrange
a meeting with the Friends.
These represent only two of the numerous untrue statements made by City Hall staff
regarding the Friends over the past three years (the life of The Project).
Even though the Millennium Bureau of Canada gave the Friends the authority for this
project (which is stated in our contract with them), this authority was undermined
and usurped by the project manager and other staff of City Hall. Throughout the life
of The Project, the Friends had no authority and yet you are now expecting us to take
responsibility for expenditures of The Project made by your staff.
The situation has become intolerable.
I have personally worked diligently since early September, having spent well over
100 hours as a volunteer to collect and forward all the remaining information required
by the Millennium Bureau regarding this Project.
We approached The Project in the spirit of cooperation, but this was not reciprocated
by SOME City Hall staff. Our members have spent thousands of volunteer hours in
the interest of the Project, yet we have been consistently maligned and our
contributions have been disregarded.
Although the treatment we have endured over the past three years continues to be
neither acceptable nor accepted, we refrained from public comment on this matter
lest it should jeopardize The Project.
The Project ended September 30th; all necessary information has been filed with the
Millennium Bureau. In view of the fact that we now have enlightened you on the
disrespectful treatment by SOME of your staff, we expect to see no more of this.
Yours truly,
Margaret Mingle
On behalf of the Friends of the Lundy's Lane Battlefield
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Corporate Services Department
The City of
Niagara Falls
Canada
Information Systems
4310 Queen Street
P.O. Box 1023
Niagara Fails, ON L2E 6X5
web site: www.city.niagarafalls,on.ca
Tel: (905) 356-7521
Fax: (905) 356-0759
E-mail: Imotloy@city.niagarafalls.on.ca
March 25, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: IS-2002-01 - Ministry of Natural Resources Agreement
for Hydrology Data
IS-2002-01
Lynn Molloy
Director
RECOMMENDATION:
It is recommended that Council agree to sign the Ministry of Natural Resources Agreement.
BACKGROUND:
The City of Niagara Falls, Information Systems division, was approached by the Niagara Peninsula
Conservation Authority in November of 2001 to assist in the development of Hydrology Data for the
Niagara Region.
The project is a cooperative effort between the Niagara Peninsula Conservation Authority, the
Ministry of Natural Resources and the local Municipalities, to synthesize various deficient
Hydrology datasets into one current and accurate layer that represents what is on the earthg surface.
This information will be verified using digital ortho-imagery.
The purpose of the project is to ensure that all streams, municipal drains and significant man made
channels are documented, as they can potentially alter watershed boundaries. Once the accurate
hydrology network is completed the Ministry of Natural Resources will be creating a hydrologically
correct Digital Elevation Model.
These cooperatively developed Hydrology datasets, and properly constructed Digital Elevation
Models and derivative Watershed mapping will come to form the NRVIS 1:10,000 scale spatial
database required for effective watershed management. This data forms part of the Land Information
Ontario digital database that will be distributed provincially over the Ministry's Intemet site.
March 25, 2002 2 - IS-2002-01
This agreement ensures that all partners maintain joint ownership of the data with no restrictions or
limitations on its use and commit themselves to working cooperatively to refine and update the data
involved.
Council's concurrence of the recommendation would be appreciated.
Prepared by:
Approved by:
Tony Ravenda
Executive Director of Corporate Services
R~ecommenL~~Ied by:
Director of Information Systems
Respectfully submitted:
~M ~i~sa~ldative Officer
Working Together to Serve Our Community
Clerk's Finance Human Resources · Information Systems · Legal Planning & Development
COOPERATIVE AGREEMENT FOR THE MAPPING OF HYDROLOGY
THIS AGREEMENT IS MADE IN TRIPLICATE
BETVVEEN:
HER MAJESTY THE QUEEN AS IN THE RIGHT OF ONTARIO, AS REPRESENTED BY MINISTRY OF
NATURAL RESOURCES (MNR)
-and-
THE CORPORATION OF THE CITY OF NIAGARA FALLS (NIAGARA FALLS)
1.0
2.0
3.0
3.1
4.0
4.2
5.0
OBJECTIVE
Cooperatively complete an accurate digital spatial hydrology database for Southern Ontario watersheds for
efficient and effective management of Ontario Hydrology Resources.
PREAMBLE
Both the Ontario Ministry of Natural Resoumes (MNR) and Ontario's Conservation Authorities (CAs) have
responsibilities for managing Ontario's water resources. Both the MNR and the CAs are hampered in
employing their hydrology data holding in a GIS environment due to recognized deficiencies in their data
holdings. On a positive note however, the respective deficiencies of each organizations data holdings are quite
different. It has been fully demonstrated through two pilot studies within the Grand River and Lake Simcoe CAs
how through cooperative CA-MNR efforts and our respective organizations complete hydrology data holdings
how authoritative and accurate digital spatial base hydrology mapping can be developed onto the southern
Ontario NRVIS base. These cooperatively developed hydrology data, used in combination with properly
constructed Digital Elevation Models (DEM) and derivative watershed mapping will come to form the NRVIS
1:10,000 scale spatial base hydrology data required for effective watershed management.
MNR COMMITMENTS
MNR Data Deliverables:
The newly cooperatively developed and quality controlled NRVIS waterflow data within the region of the City
of Niagara Falls.
The newly developed NRVIS Digital Elevation Model (DEM).
NIAGARA FALLS CONTRIBUTION
Municipality Data made to be available for the purpose of this project:
Niagara Falls hydrology mapping
INTELLECTUAL PROPERTY
The Copyright and all of associated rights for the Intellectual Property supplied under this agreement remains
with the owner of the Intellectual Property. The MNR and Niagara Falls mutually agree that the Copyright of
new Intellectual Property created by under this cooperative agreement will be treated as Joint Intellectual
Property. The Joint Intellectual Property will have no restrictions or limitations on its uses to either party under
this agreement.
As a final condition to this schedule both the MNR and Niagara Falls commit themselves to working
cooperatively in the future by sharing what is legally possible any hydrology updates or refinement to the base
data developed as part of this schedule.
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2002-15
Report of Ad Hoc Committee on
Animal Population Control
Our File No. 1999-93
RECOMMENDATION:
That the Recommendations set out in Schedule "A" attached, be adopted.
March 25, 2002
BACKGROUND:
At its meeting of May 14, 2001, Council established an Ad Hoc Committee on Animal Population
Control (the "Committee") with Alderman Janice Wing as Chair. The mandate of the Committee
was to study, and make recommendations on, whether there should be a limit on the number of dogs
in the City of Niagara Falls and whether them should be a limit on the number of fowl within the
urban area of the City. Fowl is defined as meaning a domesticated hen or rooster, chicken, turkey
or pheasant.
Discussion meetings were held between City and Humane Society staff to investigate such issues
as what the practice is in other municipalities. Two Public Meetings were held. The first one was
held on November 1, 2001 and the second one on December 18, 2001. Both meetings were
advertised in the Review. At the first meeting, the issue of whether chickens, and in what numbers,
should be kept in the urban area, was deferred because no members of the public in attendance were
there to speak on that issue.
The Chair, at the outset of the Public Meeting, stated that the Public Meeting was prompted by a
letter to her, as Council representative on the Niagara Falls Humane Society Board, referring to the
incident where Humane Society staff found between 30 to 40 dogs in the flooded basement of a
home in Niagara Falls. There was some discussion about private Provincial legislation that would
ban puppy mills. However, that legislation was not passed into law.
At that Public Meeting, there was some concern expressed that any changes to the existing by-laws
would not unfairly target legitimate breeders and kennel operators. It was stated that even if the City
placed a limit on the number of dogs per household, it would not prevent puppy mills. This was
confirmed in the second Public Meeting as the control or abolition of puppy mills is within the
-2-
jurisdiction of the Province.
At the second Public Meeting, there were representatives of animal rescue groups. These groups
work to rescue or save specific breeds such as greyhounds from death after their racing days are
over. These dogs are collected from the owners and found new homes as pets. At any given time,
there could be as many as 20 dogs at one location until proper homes are found for them.
Dealing with chickens, one individual advised the Committee that he keeps approximately thirty
chickens, which include three roosters, in two pens in his back yard on Stamford Green Drive. The
chickens are kept for the purpose of producing eggs. This individual stated that there should be a
reasonable minimum number of chickens permitted to be kept in the urban area so as to make it
worthwhile to keep chickens for egg-laying purposes.
The Chair made a personal inspection, on December 21,2001, of the chicken pens of this individual
and found that they were clean, tidy and secure. The pens had very little odour inside them and no
odour outside in the back yard, although it is possible that the situation may differ in warmer
weather. The Chair was advised, via email, that the situation may differ in warmer weather. The
Chair was advised, via email, of a situation on Arthur Street in which the chickens mn fxee through
the neighbourhood, and cause damage to garden plantings. Neighbours in both the Stamford Green
and Arthur Street neighbourhoods expressed concerns about the potential for rats and other vemfin
to be attracted by the chickens, and of the annoyance caused to them by the crowing of roosters.
No one in the audience had any complaints against the keeping of rabbits in the urban area. This
Committee was also asked by the Mayor's office to look into this issue. Therefore, it does not
appear that there is a problem with the keeping of rabbits.
Subsequent to the public meetings, the Chair received a large number of telephone calls and e-mails
from individuals who expressed their thoughts and opinion on the issues of the number of dogs and
chickens in the City.
After reviewing the comments received at the Public Meetings, and via the e-mails and telephone
calls, the Committee is making the proposed recommendations as set out in Schedule "A". While
there should be limits on the number of dogs in the City, it was felt that owners with dogs that were
spayed or neutered should be given more consideration than owners with dogs that could reproduce
or be bred. The Committee originally considered permitting two additional dogs per household (for
a maximum of five) provided all dogs were spayed or neutered. Due to concerns about the
inconsistency this might create with the Cat Control Bylaw (which limits the number of cats per
household to three), the proposal to permit additional dogs if all were spayed or neutered was
dropped. Council may wish to consider instituting the provision for both species.
-3-
While there was a recent well-publicized incident involving the keeping of chickens in the urban
area, in fact there are very few complaints received by the City in this regard.
Respectfully Submitted:
-4-
SCHEDULE "A"
o
There shall be no more than three dogs per dwelling unit.
A person may have more than the maximum number of dogs as set out in Recommendation
#1 upon filing with the Clerk satisfactory documentation proving that the person is a breeder
registered with an association incorporated under the Animal Pedigree A ct (Canada) and that
all dogs are, or are eligible to be, registered with an association incorporated under the
Animal Pedigree Act (Canada).
That any person who has more dogs than the maximum number of dogs as set out in
Recommendation # 1 at the date of the passage of the by-law may keep the dogs provided that
he or she registers the dogs on the form to be provided, which will include the age and name
of the dog together with a photograph of the dog, with the Clerk
Dog rescue groups may operate under a kennel licence provided that they register and file
satisfactory documentation with the Clerk proving that they are a bona fide dog rescue
organization.
That all dog and kennel licence fees be reviewed and a report be brought back to Council.
That all fine levels for the dog control by-laws be reviewed and a report be brought back to
Council.
There shall be no more than thirty chickens permitted on any property within the urban
boundary of the City of Niagara Falls and with good animal husbandry practices, especially
with regards to cleanliness and disinfection, and the provision of a minimal space per bird,
shall be followed. No chickens shall be kept on any property unless the property is a
detached dwelling with a minimum lot size of fifty feet.
Corporate Services Department
The City of
Niagara Falls
Canada
Legal Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www,city.niagarafalls.on,ca
Tel: (905) 356-7521
Fax: (905) 371-2892
E-mail: rkallio@city.niagarafalls.on.ca
R.O. Kallio
City Solicitor
L-2002-18
March 25, 2002
His Worship Mayor Wayne Thomson
and Members of Municipal Council,
City of Niagara Falls, Ontario
Members:
L-2002-18, Agreement with The Regional Municipality of Niagara
Temporary Training Site for Niagara Falls Fire Services
Vacant Houses and Apartment Building - Roberts Street
Our File No.: 2002-32
RECOMMENDATION:
That Council authorize an agreement with The Regional Municipality of Niagara to permit the
Niagara Falls Fire Services to temporarily use the property and buildings on Roberts Street for the
training of its firefighters.
BACKGROUND:
The Regional Municipality of Niagara is the owner of the several properties on Roberts Street which
are slated for demolition. The buildings located on the property are unoccupied and in substandard
condition. The Niagara Falls Fire Services is interested in using the buildings to carry out training
activities related to the duties of its firefighters and intends to use the buildings for ventilation
practice, foam practice, laddering practice, fire cause determination and overhaul (making sure the
fire is out).
The Region is agreeable to the request and is prepared to enter into an agreement with the City for
this purpose. Once the training has been completed the Region agrees to demolish the buildings, at
Working Together to Serve Our Community
Clerk's Finance Human Resources · Information Systems · Legal · Planning & Development
L-2002-18 -2- March 25,2002
its own expense, within 90 days of receiving notice from the City to do so. The use of the property
will be at no cost to the City.
Prepared by:
Legal Services
Approved by:
Tony Ravenda
Executive Director of Corporate Services
City Solicitor
by:
Respectfully Submitted:
John MacDonald
Chief Administrative Officer