2002/12/02REGULAR COUNCIL
MEETING
Monday, December 2, 2002
Order of Business
and Agenda Package
REGULAR MEETING
December 2, 2002
PRAYER: Alderman Art Federow
O CANADA: A quartet of vocalists from The Singing Saints will perform the national
anthem.
ADOPTION OF MINUTES: Due to illness, the minutes for the Planning Council
Meeting of November 18, 2002 and the Regular Council Meeting of November 25,
2002 are not available at this time.
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
Arts & Culture Commission Reco¢~nition
Local residents Dave Thomson and Paul Gigliotti of the musical group Wave will
be recognized for their international success. The Mayor and Karen Akalu, Chair of the Arts
& Culture Commission will make the presentation,
DEPUTATIONS
Doctor Appreciation Week
Dr. David Dec, Dr. J. Peter Davidson and Dr. Xin Chong will provide Council with
information on Doctor Appreciation Week and recent local doctor recruitment efforts.
-:2-
Hydro Issues
Wayne Gates would like to address Council on his concern about Niagara Hydro bills.
Brian Wilkie, President of Niagara Falls Hydro Inc. will speak to recent Provincial
announcements related to Hydro rates and respond to any questions related to hydro
matters.
-AND-
Letter inviting Bart Maves, M.P.P. to attend the meeting to provide a Provincial perspective
on Hydro issues.
-AND-
Letter from Bill Haskin, Chair of Niagara Falls Hydro Inc. to the Honourable John Baird,
Minister of Energy.
Unfinished Business
Report L-2002-66 - Chief Administrative Officer - Re: Niagara Falls Hydro Holding
Corporation; Niagara Falls Hydro Inc.; Niagara Falls Hydro Services Inc.; Annual
Meetings.
MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS
COMMUNICATIONS
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
COMMUNITY SERVICES MATTERS
1.
Chief Administrative Officer
Chief Administrative Officer
REPORTS
BBS-2002-19 - Indexing of Permit Fees.
MW-2002-159 - Bill 175 - An Act
Respecting the Cost of Water and Waste
Water Services.
-3-
PARKS, RECREATION & CULTURE MATTERS
R-2002-73 - Community Centre Update.
1. Chief Administrative Officer
CORPORATE SERVICES MATTERS
Chief Administrative Officer
Chief Administrative Officer
MISCELLANEOUS MATTERS
Chief Administrative Officer
Chief Administrative Officer
3. Chief Administrative Officer
F-2002-72 - Municipal Accounts.
IS-2002-03 - Purchase of Large Format
Printer.
CD-2002-21 - 2003 Council Schedule.
L-2002-68 - Kerrio Corporation,
Encroachment Agreement with the City,
Fallsview Blvd., Parts 2, 3, 5 and 6 on
Reference Plan 59R-11875.
L-2002-82 - Kerrio Corporation,
Encroachment Agreement with the City,
Ellen Avenue Part 2 on 59R-11888.
The City Clerk will advise of any additional by-laws or amendments to the by-
laws listed for Council consideration.
BY-LAWS
2002-218 To amend By-law 89-155 and adopt a Schedule of Meetings.
2002-219 To authorize monies for General Purposes (December 2, 2002).
2002-220 To adopt, ratify and confirm the actions of City Council at its meeting held on
December 2, 2002.
NEW BUSINESS
Mayor Wayne Thomson
City Hall
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city.niagarafalls.on.ca
(905) 356-7521 Ext. 4201
Fax: (905) 374-3557
wthomson@city, niagarafalls.on.ca
November 26, 2002
Bart Mares, M.P.P.
Constituency Office
6100 Thorold Stone Road, Unit 5
Niagara Falls, ON 12.11A3
Dear Bart:
As a result of the misinformation and the changes regarding hydro within the Province, a full
discussion is planned at the City Council meeting of December 2, 2002 at 6:00 p.m.
Mr. Brian Wilkie and representatives of Niagara Falls Hydro will be available to discuss this matter.
Members of the public have also asked to speak. It is our hope that many of the questions that
Council and members of the public have regarding hydro can be addressed and some clarity can
be put to this issue.
In an effort to ensure full discussion on this issue, it is important that a provincial perspective is also
provided. Therefore, we respectfully extend an invitation to you to attend this Council meeting to
participate in this ve~, important discussion which not only affects the citizens of Niagara Falls, but
the entire Province.
Your favourable acceptance of this request is appreciated.
Sincerely,
Wayne Thomson
Mayor
NIAGARA FALLS HYDRO
November 25, 2002
Ministry of Energy
Office of the Minister
Hearst Block, 4th Floor
900 Bay Street
Toronto, Ontario
M7A 2El
Attention: Mr. John Baird, MPP Minister
Dear Mr. Baird,
I have to assume that when you wrote your recent letter (November 4, 2002) to Wayne Gates of this city, you
were aware that it would be made public and used by Mr. Gates to criticize Niagara Falls Hydro Inc. and its
financial relationship with its sole shareholder, the City of Niagara Falls.
If that is the case, I also have to assume that the content and tone of your letter is part of a concerted effort by
the government to deflect public attention away from the real issues behind the recent problems with the
deregulated electricity market.
If it is the government's intention to stir debate at the municipal level over local distribution rates, then I think it
is important you and your staff have the correct facts and figures regarding our financial relationship with our
shareholder, and the financial pressures faced by all distribution companies, including Niagara Falls Hydro Inc.
Niagara Falls Hydro Inc. along with its sole shareholder, the City of Niagara Falls, spent considerable time and
effort in complying with the Energy Competition Act, Bill 35. In preparation for deregulation, we consulted
industry-leading professionals such as Borden Ladner Gervais, LLP. These professionals ensured the decisions
involved in incorporating and establishing a solid business plan for Niagara Falls Hydro Inc. were legislatively
compliant and represented sound business practices for the ratepayers of Niagara Falls. A key decision was to
operate Niagara Falls Hydro Inc. as a "for-profit" entity which would function in the beSt interests of its
ratepayers. The Ontario Energy Board received directives from the Ministry of Energy on the implementation
of the rate of return central to this "for-profit" approval. Virtually every utility in Ontario, including all utilities
owned and operated by the Province of Ontario, have been established on a "for-profit" basis. Niagara Falls
Hydro Inc. and its shareholder did the same. The establishment of a for-profit business offers the greatest
protection against insolvency and is simply the most sound and professional business practice of running an
electric distribution utility. Your usage of the terms "for-profit" and "not for-profit" is misleading, any person
not familiar with the LDC environment would assume the terms are being used to connote their usual meanings,
when in fact the reference is not the same.
7447 Pin Oak Drive, I?O. Box 120, Niagara Falls, Ontario L2E 6S9 Telephone: (905) 356-2681 Fax: (905) 3564)118
E Mail: inf~(~ni,~garafallshyclro.(m.(a Web: www.niagarafallshvdr(~.on.ca
2
In your letter to Mr. Gates, you stated the profit generated by Niagara Falls Hydro Inc. for its shareholder is
estimated to be approximately $3.7 million this year. Your usage of the word "profit" is totally inappropriate.
The Hydro is paying interest on a debt, the fact that the debt is owed to the City of Niagara Falls is irrelevant;
were the City to demand payment of its note, it would be free to lend the money and get that return from
another party. The $2.1 million dollars is also not "profit", nor dividend. The $2.1 million, if that amount were
correct, would represent pre-tax profit and only approximately $1.26 million would be available to the City in
the form of dividend after your government received the tax thereon. Also, be advised that the Niagara Falls
Hydro has never paid a dividend to the City of Niagara Falls and that payment of a dividend in the foreseeable
future is unlikely due to the demands being placed on the Niagara Falls Hydro by the record growth in the city,
the cash and operating pressures inflicted on LDCs by the deregulation legislation and the uncertainty related to
the privatization process. Niagara Falls is one of the fastest growing cities in Ontario, resulting in an
unprecedented demand on services, so Niagara Falls Hydro Inc. is using its revenues to re-invest millions of
dollars annually in the local distribution system.
Furthermore, in your letter you make reference to Niagara Falls Hydro Inc. raising its distribution rates.
Niagara Falls Hydro Inc., in accordance with Provincial legislation, submitted an application to the Ontario
Energy Board for a rate increase in 2002. $900,000 of the $4,297,000 approved represented the second
installment for Niagara Falls Hydro Inc.'s "rate of return", $820,000 was reimbursement to Niagara Falls Hydro
Inc. for the partial costs of deregulation, and the remaining $2,577,000 directly relates to provincial taxes
imposed on the customers of Niagara Falls Hydro Inc. by the Provincial government.
What must also be recognized is the serious financial pressures LDCs like Niagara Falls Hydro Inc. have faced
because of rules established for dealing with the IMO. We are obligated to pay the IMO up front for all
electricity consumed in the city and then receive payment from our customers 75 days later. After paying the
IMO, Niagara Falls Hydro Inc. is responsible for financing the bill until we can collect from customers, as well
as all the financial liability related to non-paying customers. The possibility of falling into financial jeopardy
because of cash-flow shortfalls and the cost of financing has been a real threat to distribution companies since
the opening of the market. That is why it has been important right from the start of deregulation that Niagara
Falls Hydro Inc. is allowed to operate as a financially-viable corporation without jeopardy to its beneficial
shareholders, the residents of Niagara Falls.
Based on sound business practices and again following the guidelines established by the OEB, Niagara Falls
Hydro Inc. established a financial arrangement with the City of Niagara Falls designed to minimize the new
corporate taxes and instead use the funds for the benefit of the local community. An open term "Promissory
Note" of $22 million was established at an interest rate of 7.25% , the rate deemed by the OEB to be the long-
term rate for all utilities in Ontario. Niagara Falls Hydro Inc. will make an interest payment to the City of
approximately $1.6 million per year (just under $1.1 million for 2002) which the City is placing in general
revenues for the benefit of everyone.
The average residential hydro customer is paying 75 cents more a month as a result of this arrangement. If the
interest payment to the city is cancelled in order to reduce the monthly local distribution charge by the 75 cents,
the $1.6 million would have to be made up through tax assessed revenue which would require every residential
ratepayer to pay an additional $36.00 in annual taxes. Obviously, applying sound financial management
practices has resulted in the City of Niagara Falls using its largest asset for the benefit of its citizens.
I understand that it is the intent of the government to have municipalities like Niagara Falls re-affirm their
original decision to operate their incorporated utilities as for-profit operations. I am confident members of
council will again look at the facts and figures, and then make the appropriate decision based on the best
interests of local ratepayers.
It is important during the time leading up to that decision, that you, your staff, and our local MPP, have the
correct local financial information to provide to members of the public who are concerned about how the
skyrocketing price of energy, caused by a provincial supply and demand problem, impacted their hydro bills.
Sincerely
Bill Haskin C.A., Chair
Niagara Falls Hydro Inc.
CoCo
MPP Bart Maves, Niagara Falls, Ontario
Mayor Wayne Thomson & Members of City Council, City of Niagara Falls, Ontario
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.' October 2t, 2002 - 2 - L-2002-66
Niagara Falls Hydro is now requesting that the shareholder, being the City, execute the annual
resolutions of the shareholders of these three (3) corporations. The shareholder's representative is
represented by the Mayor of the City.
These resolutions will be requii'ed from the City on an annual basis.
RR~e~ by: Respectfully submitted:
City Solicitor V Chief Administrative Officer
Approved by:
To Rav,md~
Executive Director of Corporate Services
ROK/sm
APPENDIX "l"
Annual Resolution of the Shareholder
Of
Niagara Falls Hydro Holding Corporation
Resolved that:
1. Approval of Financial Statements
The consolidated and non-consolidated financial statements of the
Corporation for the financial year ending December 31, 2001 with the
report dated May 30, 2002 of the Auditor thereon are hereby
acknoWledged to have been presented to the shareholder of the
Corporation and are hereby approved and adopted.
2. Appointment of the Auditor
Crawford, Smith & Swallow be and is hereby appointed the Auditor of the
Corporation, to hold office until the next annual meeting of the shareholder
of the Corporation unless such Auditor is eadier duly removed from office,
at a remuneration to be fixed by the Board of Directors and the Board
being hereby authorized to fix such remuneration.
3. Confirmation of Acts of Directors and Officers
All acts, contracts, by-laws, resolutions, proceedings, appointments,
elections and payments enacted, taken, passed, made and done by the
directors and officers of the Corporation since Incorporation dated April 1,
2000 to the date hereof are hereby approved, ratified and confirmed.
The foregoing resolution is hereby consented to by the signature of the
Shareholder's representative as set out in original Shareholder Declaration,
Section 6 pursuant to Section 7 signed and dated May 8, 2000.
Dated the of ,2002
Mayor Wayne Thomson, City of Niagara Falls
tP?~NDIX "2"
Annual Resolution of the Shareholder
Of
Niagara Falls Hydro Inc.
Resolved that:
1. Approval of Financial St~tomants
The financial statements of the Corporation for the financial year ending
December 31, 2001 with the report dated May 30, 2002 of the Auditor
thereon are hereby acknowledged to have been presented to the
shareholder of the Corporation and are hereby approved and adopted.
2. Appointment of the Auditor
Crawford, Smith .& Swallow be and is hereby appointed the Auditor of the
Coqx)mflon, to hold office until the next annual meeting of the shareholder
of the Corporation unless such Auditor is esflier duly removed from office,
at a remuneration to be fixed by the Board of Directors and the Board
being hereby authorized to fix such remuneration.
3. Confirmation of Acts of Directors and omcem
All acts, contracts, by-laws, resolutions, proceedings, appointments,
elections and payments enacted, taken, passed, made and done by the
directors and officers of the Corporation since Incorporation dated April 1,
2000 to the date hereof are hereby approved, ratified and confirmed.
The foregoing resolution is hereby consented to by the signature of the
Shareholder's representative as set out in original Shareholder Declaration,
Section 6 pursuant to Section 7 signed and dated May 8, 2000.
Dated the of ,2002
Mayor Wayne Thomson, City of Niagara Falls
APPENDIX "3"
Annual Resolution of the Shareholder
Of
Niagara Falls Hydro Services Inc.
Resolved that:
Approval of Financial Statements
The financial statements of. the Corporation for the financial year ending
December 31, 2001 with the report dated May 30, 2002 of the Auditor
thereon are hereby acknowledged to have been presented to the
shareholder of the Corporation and are hereby approved and adopted.
Appointment of the Auditor
Crawford, Smith & Swallow be and is hereby appointed the Auditor of the
Corporation, to hold office until the next annual meeting of the shareholder
of the Corporation unless such Auditor is eadier duly removed from office,
at a remuneration to be fo(ed by the Board of Directors and the Board
being hereby authorized to fix such remuneration.
3. Confirmation of Acts of Directors and Officers
Ali' acts, contracts, by-laws, resolutions, proceedings, appointments,
elections and payments enacted, taken, passed, made and done by the
directors and officers of the Corporation since Incorporation dated April 1,
2000 to the date hereof are hereby approved, ratified and confirmed.
The foregoing resolution is hereby consented to by the signature of the
Shareholder's representative as set out in original Shareholder Declaration,
Section 6 pursuant to Section 7 signed and dated May 8, 2000.
Dated the of ,2002
Mayor Wayne Thomson, City of Niagara Falls
The City of
Niagara Falls
Canada
Community Services Department
Building & By-Law Services
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city, niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 374-7500
E-mail: melb@city, niagarafalls.on.ca
BBS-2002-19
Mel Brown
Director
December 2, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
BBS-2002-19, Indexing of Permit Fees
RECOMMENDATION:
That this Report be received for the information of Council.
BACKGROUND:
By-law No. 2001-58, passed by Council on March 19, 2001, with respect to inspections and permits,
sets out a scale of fees for various classes of permits.
Section 14 of Schedule A of the above By-law stipulates that the fees shall be indexed annually, on
each January 1, thereafter without further amendment to the By-law in accordance with the StatsCan
Quarterly Construction Price Statistics Catalogue and this has been applied since the passing of the
By-law.
The above index has increased by 2.9% since the last adjustment and the permit fees for 2003 have
been adjusted accordingly and are shown in the attached summary.
Recommended by:
Mel Brown
Director of Building & Bylaw Services
Respectfully submitted:
John Mac~]'~ t~--~
Jo~~ M~iDonald
Chief Administrative Officer
V ,2002COUNCIL\2002 12 02\BBS-2002-19 Indexing of Permit Fees wpd
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
CITY OF NIAGARA FALLS
2003 PERMIT FEE SUMMARY
BUILDING & BY-LAW SERVICES
Effective, January 1, 2003
The permit fee for the cons~'uction of a building, s~ructure or addition, listed by classification of major
occupancy, is calculated on the basis of the Gross Floor Area of the building or addition, as applicable,
multiplied by the corresponding figure shown below for each class of permit
CLASS OF PERMIT PERMIT FEE
S/sq. ft. S/sq. m.
ASSEMBLY BUILDrNG$
1. School, Church, Restaurant over 30 seats, Library,
Theatre, Educational or Recreational Facility and
occupancies of a similar nature.
2. Casino
INSTITUTIONAL BUILDI~NGS
1. Hospital, Nursing Home, Reformatory, Prison and
occupancies of a similar nature.
RESIDENTIAL BUILDINGS
1. Basic minimum house, less than 1,000 sq. ft., no garage.
2. Average quality house, under 3,000 sq. ft., with garage.
3. Superior quality house, over 3,000 sq. ft., with garage.
4. Townhouse - without garage
with garage
5. Add for finished basement, in any of the above.
6. Apartment Building (low rise)
7. Apartment Building (high r/se)
8. Hotel (low tise)/Motel
9. Hotel over two stories
BUSINESS AND PERSONAL SERVICE BUILDINGS
1. Office or Medical Building, Financial Institution and
occupancies of a similar nature.
MERCANTILE BUILDINO$
1. Low Rise Retail Store, Strip Plaza, Small Restaurant of
30 seats or less, and occupancies of a similar nature.
2. Add for Offices or Apartments over the above.
3. Supermarket, Department Store and occupancies ora
similar nature.
4. Add for basement to any of the above mercantile uses.
INDUSTRIAL BUILDINGS
1. Factory, Plant, Warehouse, industrial building and
occupancies of a similar nature.
a) Less than 50,000 sq. ft.
Shell and exterior cladding only
b) 50,000 scI. ft. or greater
Shell and exterior cladding only
2. Offices in industrial building
OTHER PERMITS
1. Service Station, Car Wash.
2. Air-supported Structure, Tent. (See note 5 in By-law):
a) Under 250 sq. m
b) 250 sq. m or more
3. Parking Garage
4. Accessory Storage Building, Farm Building, Greenhouse
5. Conversion of the interior of an existing building to a Casino
6. Change of Use:
a) Less than 4,300 sq. ft. (400 sq. m)
b) 4,300 sq. ft. (400 sq. m), or more [Min Fee - $125.00]
7. Foundation only.
8. Structural Shell & foundation only
9. Architeetual shell & foundation (see note 7 in By-law)
$1.144 $12.32
$1.852 $19.93
$1.144 $12.32
$0.678 $7.3O
$0.761 $8.19
$0.901 $9.69
$0.638 $6.87
$0.707 $7.61
$0.218 $2.34
$0.573 $6.16
$0.692 $7.45
$0.853 $9.18
$1.144 $12.32
$1.144 $12.32
$0.931 $10.02
$0.534 $5.75
$0.808 $8.70
$0.321 $3.45
$0.453 $4.88
$0.302 $3.25
$0.367 $3.95
$0.252 $2.71
$0.853 $9.18
$0.777 $8.36
$75.00, Flat Fee
$0.090 $0.97
$0.326 $3.50
$0.228 $2.46
$0.928 $9.98
$125.00, Flat Fee
$0.290
10% of full permit fee
50% of full permit fee
67% of full permit fee
$3.13
CLASS OF PERMIT
OTHER PERMITS (coll~)
10. Demolition of a building or structure
11. Gasohnc or Fuel Pump.
12. Gasoline or Oil Storage Tank.
13. Public Pool
14. Private Pool
15. Miscellaneous Residential.
a) Addition to existing dwelling.
b) Garage.
c) Accessory Building, closed porch, solarium
d) Finishing Basement.
e) Carport, Open Porch, Deck.
f) Mobile Home (CSA certified - foundation extra
g) Mobile Home Foundation
h) Mobile Home(Uncertified)-including foundation
j) Signs
PLUMBING. DRAINS & SEWERS
1. Installation of Plumbing.
2. Rain water leaders, Manhole, Catchbasin, Area Drain.
3. Building Drain, Building Sewer, Building Storm Drain,
Building Storm Sewer, Storm Drainage Piping,
Private Drain, Private Storm Drain.
4. Connection to Municipal Sewer
5. Water service pipe (2" diameter, or less)
6. Water service pipe or private main (over 2" diameter)
Plus
PERMIT FEE
S/sq. ft. S/sq. m.
$0.018 $0.19
$70.00 per pump
$70.00 per tank
$350.00, Flat Fee
Value method, as below.
$0.744 $8.01
$0.240 $2.59
$0.212 $2.28
$0.212 $2.28
$75.00, Flat Fec
$100.00, Fl~Fee
$0.120 $1.29
$0.417 $4.49
$65.00 for up to 25 sq. ft. plus $1.50
for each additional sq. fk
$65.00 for all plumbing, up to seven
fixtures, in each unit, plus $4.00 for
each additional fixture.
$4.00 each
$65.00 for the initial 150 feet (45 m.)
of pipe, or portion, thereof, plus
$15.00 for each 50 feet (15m.) of
additional pipe.
$100.00, Flat Fee
$20.00 per run
Value method, as below.
MISCELLANEOUS
1. Transfer of Permit to new owner.
2. Extension of revocation date of permit
3. Conditional Permit Agreement: a) Not Registered
(See below) b) Registered on Title
4. Non-routine Inspection Fee: a) In regular hours
b) Out of regular hours
5. Partial occupancy Inspection Fee (per hour)
6. Compliance letter to Lawyers, etc.
7. Liquor Licence Letter (includes Fire Department fee).
8. Zoning Confirmation
9. Weekend Inspection - Min. fee + $90 per hour after 4 hrs.
Min. Fe~
10% of original fee, min. $75.00
$80.00, Flat Fee
$120.00 min. **
$250.00 min **
$60.00, Flat Fee
$90.00, Flat Fee
$60.00 per hour
$70.00 per property
$125.00 per property
$6.00 per property
$240.00 per inspection
** The fee for a Conditional Permit Agreement (CPA) is based on the full permit fee. Where the permit fee
is $2,000 or less, the CPA. fee is 10%, min. $110.00. Where the CPA. fee is more than $2,000, the CPA. fee
is 20% of the full permit fee and in the event that the CPA is complied with, in full by the due date, then
50% of the CPA fee will be refunded.
The fees above, calculated on a sq. ~/sq. m. basis, include new floor area either in a new building or an
addition to an existing building.
For eategorles of construetlon not listed above (including swimming pools), the permit fee shall be $70.00
for the initial $5,000.00 of valuated cost, or portion thereof, plus $10.00 for each additional $1,000.00 of
valuated cost, or portion thereof. Fees are payable at time of application.
Except where shown otherwise, the minimum fee is $75.00 for residential & agricultural properties and
$125.00 for all other classes of permit.
Other applicable fees may be payable for servicing, deposits, development charges, park dedication, etc.
The fee for fast tracking a permit (when available) is 1.5 times the applicable rate, above.
Notwithstanding, where construction or installation has occurred prior to the issuance of a permit, then the
permit fee shall be double the amount listed above.
NOTE: Permit fees are indexed to the StatsCan Construction Price Statistics, and are adjusted
annually. The increase from 2002 to 2003 was 2.9%
This Summary is intended for reference purposes only. For complete information, refer to
By-law 2001-58 & the various amendments thereto and other applicable by-laws
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.:
Fax:
E-mail:
(905) 356-7521
(905) 356-2354
edujlovi@city.niagarafalls .on .ca
MW-2002-159
Ed Dujlovic
Director
December 02, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
MW-2002-159 - Bi11-175 - An Act Respecting the Cost of
Water and Waste Water Services
RECOMMENDATION:
It is recommended that this report be received and filed.
BACKGROUND:
As a result of the tragedy in Walkerton and the recommendation contained in, "Report of the
Walkerton Inquire and Strategy for Safe Drinking Water" the Province introduced Bill-175, "An Act
Respecting the Cost of Water and Waste Water Services" that was formally know as the "Sustainable
Water and Sewage System Acts." The attached explanatory note provides anoverview as to the
purpose of the proposed Bill. The Bill has received first and second reading with the Government
currently seeking comments from the public on the issue.
As can be seen the purpose of the Act is to ensure that each regulated entity in this case the City of
Niagara Falls has a plan to manage its water and sewer systems and that there is sufficient funding
in place to carry out the necessary works. As the Act refers to a number of regulations, which have
yet to be developed, it is difficult for staffto determine at this time what the impacts of the Act will
be for the City. Staff will continue to monitor the issue and provide the necessary updates.
Working Together to Serve Our Community
Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-Law Services
December 2, 2002 - 2 - MW-2002-159
Committee's concurrence with the above recommendation would be appreciated.
Approved by:
Ed Dujlovic, P.Eng.
Director of Municipal Works
/'/John MacDonald
[/ Chief Administrative Officer
Attach.
Community Services Department
T ..... .,~a, , Parks, Recreation & Culture
ne L:lty O! ~, 4310 Queen Street
Niagara FolIs~p.o. Box 1023
Canada __ ,,~~Niagara Falls, ON L2E 6X5
TI~ web site: www. city. niagarafalls.on.ca
Tel.: (905) 356-7521
Fax: (905) 356-7404
E-mail: akon@city, niagarafalls.on.ca
R-2002-73
Adele Kan
Director
December 2, 2002
His Worship Mayor Wayne Thomson
and Members of Municipal Council
City of Niagara Falls, Ontario
Members:
Re: R-2002-73 - Community Centre Update
RECOMMENDATION:
For the information of Council.
BACKGROUND:
The last report submitted to Council on behalf of the Niagara Falls Community Centre (NFCC)
project was R-2002-17 on April 22, 2002. In that report, Staff outlined a "Moving Forward" Plan
for the NFCC project that was endorsed unanimously by Council at that time. The "Moving
Forward" Plan recommended several initiatives necessary to develop the Community Centre
including:
Developing a Memorandum of Understanding (MOU) between partners;
Engaging the Architectural Team to complete the concept plans for the NFCC;
Continuing to pursue SuperBuild support and funding for the project;
Preparing and implementing a site preparation plan;
Continuing to solicit public opinion through community consultation.
The NFCC project is moving forward with the recommendation endorsed by Council last April. The
intent of this report is to advise Council on the status of the project and current initiatives that are
underway.
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December 2, 2002 - 2 - R-2002-73
Community Consultation:
The NFCC project recently conducted an Open House at the Niagara Falls Library to present the
concept plans for the Centre. Presentations included the proposed context plan for the
neighbourhood and an introduction to the many participants in the centre and the valued services that
will be offered. The Mayor's Youth Advisory Committee, spearheading the proposed skate park
project also attended the Open House and provided an enthusiastic presence.
The Open House was positively received by the neighbourhood and the larger community. Many
citizens noted that it was a much needed development and expressed support for the plans being
made in this growing area of the community. We will continue to consult with stakeholders,
community groups, and the public throughout the development of this project. Another Open House
is tentatively scheduled for March 2003 to unveil the final design of the NFCC.
Architectural Building Program:
The original Conceptual Plan and program of requirements for the NFCC were approved by Council
on October 29, 2001 (R-2001-47). Further details were provided in reports R-2002-10 (February
18, 2002) and R-2002-17 (April 22, 2002). Since then, the Architectural Team of McLennan
Jaunkalns Miller Architects and Chapman Murray & Associates have worked with the various
stakeholders to refine and define the Conceptual Floor Plan for the NFCC. This plan was presented
at the November 13, 2002 Open House. The schedule for the architectural program calls for much
additional design work in the coming months and will included the following milestones:
Finalize design and specifications (February 2003);
Public Open House (March 2003);
Tender call and contractor selection (June-July 2003);
Start construction (September 2003);
Site Preparation:
The 23-acre site on the northeast comer of McLeod Road and Montrose Road that will be the future
home to the Community Centre, the Skate Park and other related recreation amenities will require
some work to properly prepare the site. It is imperative that this work start very soon so that the
required geotechnical work and environmental testing are completed and considered in the design.
It is important to note that, while the Community Centre plans propose a September 2003 start, the
Skate Park schedule is to begin construction in the Spring of 2003.
Staff has completed context and elevation plans for the properties on the east side and west side of
Montrose Road. This neighbourhood plan considers the development of the 23 acre site on the east
side of Montrose Road where the NFCC and the Skate Park will be located. It also considers the 77
acres of City owned property on the west side of Montrose Road that could be developed into
useable development property in conjunction with the development of the Community Centre site.
This plan received favourable support at the recent Open House and is seen to have far reaching
benefits for the stimulation of growth in this sector of the City.
December 2, 2002 - 3 - R-2002-73
Project Budget:
Previous reports to Council that have discussed the budget for the Community Centre project have
estimated the cost of the project based on available "sources of funding". This provided a guideline
to the Architectural Team to develop a Concept Plan for the NFCC. Available "sources of funding"
projections have ranged from a low of $19 million to a high of $25 million depending on the
anticipated or projected dollars that would be received from SuperBuild and the capital campaign.
As we have progressed through the project estimates of costs improve with the level of design. The
current projections for costing the project have the benefit of input from the Architectural team and
reflect the completion of a Conceptual Design for a 92,000 square foot Community Centre.
Construction costs are estimated at $20-21 million plus $2 million for design, landscaping etc. The
total estimate for completion of the Community Centre is $23 million given the existing level of
design work that has been completed.
The current estimates for source of funding are as follows:
$15 million - City of Niagara Falls
$6 million - SuperBuild (confirmed May 2002)
$1 million (over 5 years) - YMCA
$1.5 - 3 million - Capital Campaign
Capital Campaign:
The NFCC project is currently in the planning stages for developing its capital campaign. A "quiet"
campaign will be launched in the new year with the objective of securing the majority of the
projected campaign goal prior to the launching of the public campaign in 2004. The YMCA will
provide leadership to the campaign and will be assisted in the campaign by the Niagara Falls Public
Library Board, Heart Niagara, and the Big Brothers/Big Sisters. There is a strong need for the
Community Centre and an even stronger need for the many services that these partners provide in
the community.
Memorandum of Understanding:
The parmers are progressing with the development of a Memorandum of Understanding (MOU)
which is in the final stages of completing an agreement on a number of important details for the
future parmership and management of this facility. The MOU is a three way agreement between the
partners, the YMCA, the City and the Niagara Falls Public Library. The MOU contemplates that
while the building and site will be owned by the City, the (MOU) will provide for a nominal lease
arrangement for the other partners. They will be responsible for the maintenance and operations
costs of their designated areas, as well as a fair share of the common costs. The facility will be
operated through a management board that has yet to be developed. The next step in the process
will be the signing of the MOU followed by the initiating of comprehensive lease and operations
agreements.
December 2, 2002 - 4 - R-2002-73
Process for Engaging Participants:
The Steering Committee has responded to the interest expressed by other potential participants in
the NFCC project. In September 2002, the Steering Committee advertised for proposals from any
private interests or community groups that were interested in offering services through the
Community Centre. The Committee was looking for food service and health services proposals from
the private sector and valued community services that "fit' with the current partners and objectives
of the NFCC from community groups. The Steering Committee is still engaged in the process of
evaluating the health services and food service proposals that were submitted and anticipates
completing this process early in the new year.
The Steering Committee also received excellent proposals from Heart Niagara and the Big
Brothers/Big Sisters of Niagara Falls. Both organizations offer valued services in the community
and it is felt that their mandates, goals, and objectives will integrate very well with that of the NFCC
and its current partners. Both proposals for these community organizations will have a minimal
impact on the Centre in terms of the designated space requirements and capital budget, but offer the
opportunity to provide additional high profile services and partnering opportunities in the
Community Centre. It is anticipated that these organizations will be offered similarly structured
lease arrangements as the City's other non-profit partners in the NFCC. The Steering Committee
will continue to work with both organizations with the intent of finalizing their inclusion in the
NFCC as valued service providers.
In addition to adding these two organizations to the project, the NFCC Steering Committee continues
to work with the Coronation 50 Plus Recreation Centre to shape and develop the satellite drop-in
centre that this group will have in the NFCC.
Conclusion:
Council's "Moving Forward Plan" as outlined in the April 22, 2002 report (R-2002-17), provided
Staff with clear direction necessary to meet the projected opening date of the summer of 2005. To
date, the Steering Committee has been diligent in fulfilling the recommendations of that report with
respect to the MOU, the Architectural Program, Community Consultation, Budget Planning and the
securing of"sources of funding" including SuperBuild, broadening the services offered in the Centre,
and preparing the site area for construction and development. The project continues to be on
schedule and anticipates a grand opening of the NFCC in the summer of 2005.
Recommended by:
Adele Kon
Director of Parks, Recreation & Culture
Respectfully submittedl /
(-~/~°hil~e fMaAadcmDi°n~sa~at i v e Office
SH/das
S:\Council\Counci12002\R-2002-73- Community Centre Update.wpd
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.:
Fax:
E-maih
(905) 356-7521
(905) 356-2016
kburden@city.niagarafalls.on.ca
F-2002-72
Ken Burden
Director
December 2, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
F-2002-72 - Municipal Accounts
RECOMMENDATION:
That City Council approve the municipal accounts totalling $2,215,002.18 for the period ending
December 2, 2002.
BACKGROUND:
The accounts have been reviewed by the Director of Finance and the by-law authorizing payment
is listed on tonight's Council agenda.
Recommended by:
K. E. Burden
Director of Finance
Respectfully submitted:
Chief Administrative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
The City of
Niagara Fc~ls
Canada
Corporate Services Department
Information Systems
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) 356-7404
Imolloy@city.niagarafalls.on.ca
IS-2002-03
Lynn Molloy
Director
December 02, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
IS-2002-03 PURCHASE OF A LARGE FORMAT PRINTER.
RECOMMENDATION:
It is recommended that Council agree to the purchase of a large format printer, as per the attached
quote from Value Added Systems, in the amount of$18,050.00 plus applicable taxes and shipping.
BACKGROUND:
The Information Systems division of Corporate Services, is currently using a large format printer
(HP Design Jet 650C) to provide colour display and mapping support to internal departments,
consultants and agencies and to provide information for public requests.
This printer was originally purchased by the Municipal Works division in 1993 and has since
transferred through Planning & Development to Information Systems in order to support the GIS
computer section.
The HP650C printer is used to provide all images, maps, displays and banners that are larger than
the 11 x 17 size currently supported by other small format printers on the computer network.
This HP model has been extremely reliable over the years and has met the needs of the corporation.
However, changing software, larger file sizes and an increased amount of digital data available,
necessitates an upgrade to this printer in order to meet current demands.
Problems currently being encountered include:
- HP650C printer is no longer manufactured or sold by the Hewlett-Packard Company
- there is no hardware support from the manufacturer due to the age of the existing equipment
Working Together to Serve Our Community
Clerks · Finance ' Human Resources · Information Systems · Legal · Planning & Development
- 2 - IS-2002-03
- some used parts are unavailable as there are very few primers of this type still in the workplace
- very slow printer speeds due to increased demand for larger file sizes and imagery
- loss of data through memory limitations and width of plotter
The most significant of these problems is the unavailability of parts.
In 2002 Municipal Works, who currently have a second printer of this type, were forced to install
used parts into their printer in order to continue supporting their systems. Production of construction
drawings and other mapping was severely impacted by the search for used parts. In this instance the
GIS section's printer acted as a backup in order to get the mapping completed on time but then it's
mapping production was impacted as well. At present, if either of these printers break down there
is no guarantee that they can be fixed. This places the corporation in a vulnerable position as neither
printer currently has any hardware support.
The HP Design Jet 5500 series printer being recommended, is a new model from the same
manufacturer. It will allow for simplified workflow, unattended operation, and high quality colour
printing, with the increased speed and memory capabilities needed by the corporation. It will also
provide the City with a new manufacturer warranty on its parts. This purchase will enable the GIS
section to better serve a variety of municipal applications and process requests easily. It will also
benefit the Municipal Works division and the rest of the corporation by acting as a backup printer
on the current networl~ system.
Council's concurrence of the recommendation would be appreciated.
Prepared by:
,dministrator
'~' ~o
i R~ mmended by:
rmation Systems
Respectfully submitted:
~Aadc~mDi~satr ative Officer
Approved by:
T. Ravenda
Executive Director of Corporate Services
The City of
Niagara Falls
Canada
Corporate Services Department
Clerk's Division
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) 356-7404
diorfida@city, niagarafalls.on.ca
CD-2002-21
Dean Iorfida
City Clerk
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
CD-2002-21
2003 Council Schedule
December 2, 2002
RECOI¥1MENDATION:
That Council pass the by-law appearing on tonight's agenda adopting the attached schedule for 2003.
BACKGROUND:
Rule 2 of the Council's Procedural By-law states that" ...meetings of the Council shall be held in
accordance" with a Schedule that forms part of the by-law. As a result, on an annual basis, a new
schedule is put forward for Council's consideration for the upcoming calendar year.
Recommended by:
Dean Io~]da~
City Clerk
Respectfully submitted:
John MacDonald
Chief Administrative Officer
Approved by:
T.R
Executive Director of Corporate Services
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The City of
Niagara Falls
Canada
Corporate Services Department
Legal SerVices
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
web site: www.city, niagarafalls.on.ca
Tel.:
Fax:
E~maih
(905) 356-7521
(905) 371-2892
rkallio@city.niagarafalls.on.ca
L-2002-68
R. O. Kallio
City Solicitor
December 2, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2002-68
Kerrio Corporation Encroachment Agreement with the City
Parts 2, 3, 5 and 6 on Reference Plan 59R-11875
Our File No.: 2002-533
RECOMMENDATION:
That Kerrio Corporation be permitted to encroach on part of Fallsview Avenue shown as Parts 2, 3,
5 and 6 on Reference Plan 59R-11875 for the purposes of:
1) existing portion of Appleby's Restaurant's building and patio;
2) existing exit/entrance lift gates;
3) existing overhead sign.
until such time as the City requires Parts 3, 5 and 6 on Reference Plan 59R- 11875 for road widenings
purposes.
BACKGROUND:
A request has been received from Kerdo Corporation, the owner of Parts 2, 3, 5 and 6 on Reference
Plan 59R- 11875, for permission to continue the encroachment of a portion ofAppleby's Restaurant's
building and patio, the exit/entrance lift gates, and an overhead sign upon City owned property on
Fallsview Avenue. The plan attached as Appendix "1" shows, in heavy outline, the extent of the
encroachments.
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December 2, 2002 - 2 - L-2002-68
The owner has agreed to enter into an Agreement with the City to permit the encroachments upon
certain terms and conditions and for nominal consideration. The applicant will provide the necessary
insurance as well as the costs of preparation of the Encroachment Agreement.
The Owner agrees to remove Parts 3, 5 and 6 on Reference Plan 59R-11875 being the exit/entrance
lif~ gates and the overhead sign at such time that the Municipal Works Department needs the lands
for the widenings of Fallsview Boulevard upon 90 days notice to that effect.
The Departments have reviewed the proposed encroachments over Parts 2, 3, 5 and 6 on Reference
Plan 59R-11875 and have no objections, provided the City gets the road widenings, free and clear
of encumbrances and an Encroachment Agreement is entered into.
Prepa?d by:
Mary Morrone
Law Clerk
Respectfully submitted:
J~°~~~~cer
Ray~K~ ~ edby:
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
X
Dixon Street
Z
cn
~O
The City of
Niagara Falls~
Canada
Corporate Services Department
Legal Services
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) 371-2892
rkallio@city, niagarafalls.on.ca
L-2002-82
R. O. Kallio
City Solicitor
December 2, 2002
His Worship Mayor Wayne Thomson
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re:
L-2002-82
Kerrio Corporation
Encroachment Agreement with the City
Ellen Avenue Part 2 on 59R-11888
Our File No.: 2002-553
RECOMMENDATION:
That Kerrio Corporation be permitted to encroach on part of Ellen Avenue shown as Part 2 on
Reference Plan 59R- 11888.
BACKGROUND:
A request has been received from Kerrio Corporation, the owner of Part 2 on Reference Plan 59R-
11888, for permission to continue the encroachment of a portion of a building onto a public highway
known as Ellen Avenue. The plan attached as Appendix "1" shows, in heavy outline, the extent of
the encroachment.
The owner has agreed to enter into an Agreement with the City to permit the encroachment upon
certain terms and conditions and for nominal consideration. The applicant will provide the necessary
insurance as well as the costs of preparation of this Encroachment Agreement.
Working Together to Serve Our Community
Clerks · Finance · Human Resources · Information Systems · Legal · Planning & Development
December 2, 2002 - 2 - L-2002-82
The Departments have reviewed the proposed encroachment over Part 2 on Reference Plan 59R-
11888 and have no objections, provided the City gets the road widening, free and clear of
encumbrances and an Encroachment Agreement is entered into.
Prepaf6a by:
Mary lVl~rrone
Law Cl~k
o~~~D ~//~espectfully submitted: on ld
Chief Administrative Officer
~odby:
City Solicitor
Approved by:
T. Ravenda
Executive Director of Corporate Services
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