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2010/05/31COMMUNITY SERVICES COMMITTEE AGENDA 1) 2) a) b) C) d) e) f) g) h) 3) 4) SEVENTH MEETING Monday, May 31, 2010 5:00 P.M. City Hall, Committee Room #2A & B Approval of the April 26, 2010 Corporate Services Minutes. REPORTS: STAFF CONTACT: MW- 2010 -25 Update Main /Ferry Area Geoff Holman MW- 2010 -35 Downtown Revitalization Project Update Geoff Holman MW- 2010 -28 Lot Grading Policy Geoff Holman PD- 2010 -42 Matters Arising from the Municipal Heritage Committee Alex Herlovitch F- 2010 -34 2010 Property Tax Rates Todd Harrison F- 2010 -24 HST Report Todd Harrison CD- 2010 -04 Chicken, Rabbits and Bird Feeders Dean lorfida RC- 2010 -10 Playing Field Cancellation Policy Dale Morton TS- 2010 -34 Leasing Buses to Address Summer Service Karl Dren CAO- 2010 -05 Council Pending Item List Ken Todd NEW BUSINESS: ADJOURNMENT: MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Sixth Meeting Monday, April 26, 2010, Committee Room 2, 5:30 P.M. PRESENT: Chair - Councillor Carolynn loannoni, Mayor Ted Salci, Councillors: Jim Diodati, Vince Kerrio, Bart Maves, Wayne Thomson, Janice Wing, Shirley Fisher and Victor Pietrangelo. STAFF: Ken Todd, Ken Beaman, Lee Smith, Geoff Holman, Alex Herlovitch, Todd Harrison, Karl Dren, Serge Felicetti, Dean lorfida, Trent Dark and Marianne Tikky, Steno. PRESS: Corey Larocque, Niagara Falls Review, Becky Day, Niagara This Week 1) MINUTES MOVED on the motion of Councillor Thomson, seconded by Councillor Wing that the minutes of the April 12, 2010 meeting be approved. Motion: Carried Action: Recommendation submitted to Council April 26, 2010. 2) REPORTS: a) MW- 2010 -24 Weeping Tile Removal Assistance Program (WRAP) After a brief Power Point presentation by the Director of Municipal Works and question period the following motion was made; MOVED by Councillor Wing and seconded by Mayor Salci; 1. That Committee authorize staff to proceed with Weeping Tile Removal Assistance Program (WRAP) as set out in this report. 2. That Committee recommend Council receive the report and approve the Weeping Tile Removal By -law listed later on the agenda. Motion: Carried Action: Recommendation submitted to Council April 26, 2010. b) FS- 2010 -06 Fire Communications Equipment MOVED by Councillor Thomson and seconded by Mayor Salci; -2- C) d) e) f) That Council approve the expenditure of up to $73,453.39 for the installation of remote dispatch equipment at Fire Station 6 on Schisler Road as part of the new land mobile radio communications system for Niagara Falls Fire Services. Motion: Carried Action: Recommendation submitted to Council April 26, 2010. FS- 2010 -07 Rescue Truck Purchase MOVED by Councillor Fisher and seconded by Councillor Thomson that Council approve the purchase of a rescue truck from Asphodel Fire Trucks Ltd. at a cost of $182,423.37 (plus applicable taxes). Motion: Carried Action: Recommendation submitted to Council April 26, 2010 FS- 2010 -08 False Alarm Bylaw — Supplemental Report MOVED by Councillor Fisher and seconded by Councillor Thomson that Committee support changes to the False Alarm By -law implementation and direct staff to proceed with the proposed by -law changes. Motion: Carried Action: Recommendation submitted to Council April 26, 2010 PD- 2010 -05 CB &FIG - 2009 -008, 6032 -6036 Main Street MOVED by Councillor Diodati and seconded by Councillor Pietrangelo; 1. That Committee support the approval of the Commercial Building and Facade Improvement Grant for 6032 -6036 Main Street for up to $3,392.31 subject to the owners satisfying all the program requirements including all necessary City limits and entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to execute the grant agreement. Motion: Carried Action: Recommendation submitted to Council April 26, 2010 PD- 2010 -06 CB &FIG - 2009 -009, 6022 -6026 Main Street MOVED by Councillor Wing and seconded by Councillor Kerrio; 1. That Committee only support the approval of the Commercial Building & Facade Improvement Grant for 6022 -6026 Main Street if the owners remove the existing billboards from the roof of the building (6026 Main Street) and satisfy all other program requirements. -3- 2. If the billboards are removed from the top of the roof and other requirements are satisfied, that the Mayor and Clerk be authorized to execute the grant agreement. Motion: Carried Action: Recommendation submitted to Council April 26, 2010 g) TS- 2010 -26 Fort Erie Transit Service - Agreement Extension MOVED by Councillor Kerrio and seconded by Councillor Wing; 1. That the current agreement with the Town of Fort Erie for the provision of transit service be extended from April 25, 2010 through September 6, 2010. 2. That the Mayor and City Clerk be authorized to execute the necessary agreements. Motion: Carried Action: Recommendation submitted to Council April 26, 2010 3) NEW BUSINESS: a) MOVED by Councillor Thomson and seconded by Mayor Salci that the Committee recommend to Council approval of the bylaw for the loading zone on Queen Street and that the parties compensate the City for the loss of parking revenue. Motion: Carried Action: Recommendation submitted to Council April 26, 2010 4) ADJOURNMENT MOVED by Councillor Maves and seconded by Councillor Wing that the Community Services Committee adjourn at 6:30 p.m. Motion: Carried e , Niagara fills i 4♦ tis 4 MW- 2010 -25 May 31, 2010 REPORT TO: Councillor Carolynn loannoni, Chair Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2010 -25 Historic Drummondville CIP Area Capital works Improvement Program Update RECOMMENDATION That this report be received for information. 2. That Committee support the proposed implementation scheme for the Capital Works Improvement Program for the Historic Drummondville CIP Area. EXECUTIVE SUMMARY Council has previously approved an extensive program of Capital Improvement Works within the Historic Drummondville CIP Area. The underground improvements on Main Street were completed in 2009. The approved 2010 Capital Works budget contains an estimated $5.5 million in underground improvements on Ferry Street and surface works and streetscaping improvements on both Main Street and Ferry Street. Staff made a presentation to the Main & Ferry BIA at their annual general meeting on April 14, 2010 in regard to the status and proposed implementation scheme for the 2010 proposed Capital Works program. Based on feedback from BIA members present, it was agreed that construction will not commence until after Labour Day (September 6, 2010). Construction of the works will then proceed continuously until completed in the Spring of 2011. A letter of endorsement for the implementation plan has been received from the BIA and is attached for reference. BACKGROUND An extensive program of Capital Improvement Works for the Historic Drummondville CIP Area was derived from recommendations contained in the Conceptual Urban Design Guidelines for the area along with an assessment of the existing municipal infrastructure. The program consists of underground infrastructure improvements (watermain replacement, combined sewer separation), roadway surface and sidewalk improvements, streetlight replacement and streetscaping features and was previously approved by Council. The following table details the current proposal limits, scope and proposed implementation schedule for the Capital Improvement Program. May 31, 2010 -2- MW- 2010 -25 Street From To Improvements Schedule Main St. Ferry Robinson Underground 2009 Infrastructure (Complete) Ferry St. Main Stanley Underground Infrastructure 2010 Main St. Ferry Robinson Surface Works & Streetscaping 2010 Ferry St. Main Stanley Surface Works & Streetscaping 2010 Lundy's Main Drummond Underground Lane Infrastructure 2011 Lundy's Main 150 Metres West Surface Works Lane & Streetscaping 2011 FINANCIAL IMPLICATIONS The implementation schedule was revised based on consultation with representatives at the Main and Ferry BIA. The works proposed for implementation in 2010 were all included in the approved 2010 Capital Budget, totalling $5.5 million. COMMITMENT TO COUNCIL PRIORITIES Implementation of this Capital Project meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities, and to strengthen and promote economic development within the City. ATTACHMENTS ► Endorsement letter from the Main and Ferry BIA dated May 14, 2010. ► Location Plan. Recommended by: 44 Geoff Hol an, Director of Municipal Works Respectfully submitted: Ken To d, Chief Administrative Officer ks G. a O ti9- aa3 -o MAIN & FERRY 113 USINESSI -NIPRO '\ 6060 MAIN s'r. NIAGARA PALLS. ONT. 1,2G 5Z9 May 14, 2010 Mr. Kent Schachowskoj, P.Eng. Project Manager, Municipal Works City of Niagara Falls Dear Kent: At the Annual General Meeting of the Main & Ferry Business Improvement Association (BIA), the members were presented with the Streets and Roadwork Plan for the Main & Ferry Area. Although the members have been anxious to get the work started, there were some concerns from Business owners in the tourist section of the BIA area. The Business members unanimously supported starting construction immediately following Labour Day, however, the Main Street Business members asked if the streetscape work could commence on their street as soon as possible. If you have any questions or concerns regarding this matter, please let us know. We look forward to working with you and Jeff. Kind` st regards, -Ann N' uwesteeg U 13 CL / � N V W G. W D Z W Q } W J Z Q I- O H W W CD Z Q Z O CD O W W Ix CD Ix Ix W LL 0 cC L LO 4 C13 0 r N W CO M X W n O Y Q H W Y W Q Q F- 0 1 ) a Z O a_ w c w 7 Ix CL Q O it CL L C + O O C O a� c cu O CD a) L L Q� LL U fl- ca U Q O CC O C � CU cn E- c 45 ca 0 O U Ca +L' cn CU c a) U O L Q� O O co J G w w H w I) cr a w H W H y rl— gR r. V s �r � 1d • OEM e V Z a Q U H w W ot F- H W w H Z Q H w n x CL N.. O m CL O O O O lA O 49- w 00 0 O N co CO M 'RT H X w O Y O 2 U Q z w Y w Q Q W a la .. O E Lii a_ J ,° i W cn .-+ _ w c C U Cl) O 0 ocr O ai o Ix a C c a c Cc L c O L Z w a cnw �- e? MW- 2010 -35 NiagaraFglls May 31, 2010 REPORT TO: Councillor Carolynn loannoni, Chair Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2010 -35 Downtown Revitalization Project Update RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY A two- phased approach has been followed to date for the Downtown (Queen St.) Infrastructure Revitalization Project, with underground services in Phase I and above ground streetscaping in Phase II. Phase I will be completed by June 4th It is necessary to finalize the concepts, themes and attributes of the second phase. In addition to the input received from the Downtown Steering Committee, a series of charettes will gather further public input on design, components and themes. Staff anticipates coming to Council on June 28 with a report revising the allocation of funds for the streetscape components. Nonetheless, work continues on various related requests for proposal (RFP's) and tenders. Staff is confident that with the design components and fund allocation finalized by the end of June, tenders can be awarded in the summer to allow construction to commence after Labour Day, in keeping with the March 2011 deadline, as per the terms of the infrastructure funding from the upper levels of government. BACKGROUND On November 30, 2009, City Council adopted the recommendations set out in report MW- 2009-84 directing staff to proceed with a phased implementation plan for the Downtown (Queen St.) Infrastructure Revitalization Project. This two- phased approach included separate construction contracts for the underground services (to be undertaken in the Spring of 2010) and above ground streetscaping (to commence in the Fall of 2010). The above ground streetscaping was identified as replacement of the existing sidewalks, refurbishment of the decorative streetlights, curb adjustments, street signage and the addition of new streetscape features such as a sound system, decorative benches, trash receptacles and attractive gateway features. The scope and timing of these contracts were intended to accommodate the needs of the business community while recognizing the funding conditions of the Infrastructure Stimulus Fund financing which requires completion by March 2011. -2- At its meeting on January 25, 2010, City Council awarded the construction contract for Phase 1 and adjusted the funding strategy to suit the 2010 Capital Budget. The construction is well underway and will be complete by June 4 2010. Some delays and extra costs were incurred due to scope changes, rock excavation costs and special scheduling considerations which resulted in down time and standby charges. The additional costs are still being negotiated, but it is anticipated that the contract allowances for contingencies and other available reserves can be used to offset these expenses. A report will be prepared for Council's consideration at a future date. Staff has been working with the Downtown Steering Committee (DSC) to finalize the concepts, themes and attributes of the second phase. There have been a number of proposals and ideas advanced but there is a need to confirm the scope of the project within the next six weeks in order to finalize the design details and prepare the appropriate tender documents. A conceptual Streetscape Plan has been prepared by the City's Landscape Design staff. Staff will be presenting the concept plan to the businesses along Queen Street at a design charrette scheduled for Thursday, June 17, 2010 at 5:00 p.m. in Committee Room #2 at City Hall. The design charrette will give business owners an opportunity to have input into the final concept designs. Additional opportunity for design input will be provided at the upcoming Springlicious event on June 4, 5 & 6, where staff will man a display booth. Staff anticipates that the feedback received will form the basis of the report on June 28 that will revise the allocation of funds originally outlined in MW- 2009 -84. Landscape Design Staff is also completing design improvements for the Eastern Gateway and a new parkette idea on the east side of City Hall. The parkette will enhance the Olympic Trail and Inukshuk statue. Other components of the project are progressing. The design specifications for a sound system are completed, with an RFP (Request for Proposal) to be issued imminently. As outlined in an e-mail previously sent to Council (see attachments), it is necessary to re- tender the component of the project related to archways in the community improvement (CIP) area. Staff believes, in addition to the above - mentioned RFP's, tenders will be issued for other aspects of Phase II in July, awarding of the tenders in August, and construction commencing during the first full week of September in order to safely meet the March 2011 funding deadline. FINANCIAL CONSIDERATIONS Staff is working within the original budget of $2,278,100 for the second phase. The breakdown of the components of the budget will be the subject of the June report. COMMITMENT TO COUNCIL PRIORITIES The recommendation contained in this report is consistent with Council's priorities of investing in infrastructure and strengthening and promoting economic development in the City. -3- ATTACHMENTS MW- 2009 -84 E -mail from City Clerk Recommended by: - I Geoff Holma rector f Mu 'cipal Works Respectfully submitted: Ken Todd, thief Administrative Officer GH /BB /DI REPORT TO: His Worship Mayor Ted Salci Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Community Services Department SUBJECT: MW- 2009 -84 MW- 2009 -84 November 30, 2009 The recommendation(s) contained in this report were adopted by City Council Downtown (Queen Street) Infrastructure Revitalization Project Phased Implementation Plan RECOMMENDATION That staff be directed to proceed with the phased implementation plan for the Downtown (Queen St.) Infrastructure Revitalization Project and further that staff be directed to apply for additional funding from the Region's Public Realm Grant, CSOIMAP Grant and the Provincial Rural Economic Development (RED) Grant programs. EXECUTIVE SUMMARY Earlier this year the City of Niagara Falls received notice that its revised application for the Downtown (Queen St.) Infrastructure Revitalization Project to the Federal - Provincial Infrastructure Stimulus Fund (ISF) program was successful. Municipal Works and Planning staff have been working to clarify the scope and implementation strategy and are proposing a two - phased plan. Phase One of the project will include the replacement of aging sanitary sewers, watermains and storm sewers at key locations within the project area. This work is scheduled for completion by April 30 t h, 2010, so as to minimize the impact of construction within the Business Improvement Area (BIA). The Second Phase, scheduled to commence after Labour Day in August, will include the replacement of the existing sidewalks, refurbishment of the decorative streetlights, curb adjustments, street signage and the addition of new streetscape features such as a sound system, decorative benches, trash receptacles and attractive gateway features. Also included in this phase will be the road realignment and upgrading identified in the Downtown Eastern Gateway Municipal Class Environmental Assessment (February2008). Given the proposed construction schedule and the completion requirements of the ISF program it is necessary to proceed with the engineering and tendering before the end of this year. BACKGROUND The City of Niagara Falls completed extensive streetscaping work on Queen Street back in the early /mid 1980's which included a significant investment on the aboveground infrastructure. These features are now requiring some upgrading and replacement in order to help the local businesses re -brand and revitalize commercial activity in the Downtown November 30, 2009 _2_ MW- 2009 -84 Core. The Community Improvement Plan (CIP) recognized that the use of the public spaces in the Downtown BIA would play a large role in returning this area to a successful business district. For business districts to be successful it is important that the infrastructure functions on a consistent and reliable basis so that business interruption is kept to a minimum. For this reason Municipal Works staff is recommending that part of the aging infrastructure located below ground be replaced as part of this project. The existing sanitary sewer on Queen Street has outlived its useful service life and although it functions adequately today we expect that significant and costly repairs will be needed within the next 5 -10 years. The City has recently completed a new trunk storm sewer on Park Street and a sizable storm water drainage area could be removed from the sanitary sewer system by constructing new storm sewers to this new outlet. Other small sections of cast iron watermain within the project area are also scheduled for replacement. The preferred plan for the Downtown Eastern Gateway EA included a short -term and long- term approach. The short -term improvements were supported by the Downtown BIA and the Niagara Parks Commission as a "cost- effective means of increasing driver awareness of the Downtown area" from River Road. It is the short -term improvements that the City will be including in the second phase of this project. By proceeding with the project on a phased basis staff will be able to work closely with the Downtown BIA over the winter months to finalize the design and source the appropriate streetscape features that will be constructed under the second phase of the project that is funded from the primarily from the ISF grant. FINANCIAL IMPLICATIONS Anticipated Project Costs Phase 1 Phase 2 Total Phase 2 TOTAL $3,526,900 TOTAL Anticipated Project Funding ISF Program Water Capital Reserve $1,248,000 Sewer Capital Reserve Roads Capital Reserve Total Phase 9 ISF Program Region Public Realm $2,278,100 CIP Public Realm Res. Roads Capital Reserve $ 386,666 $ 367,500 $ 460,500 33,334 $1,248,000 $1,391,434 $ 100,000 $ 400,000 $ 386.666 $2,278,100 $3,526,100 November 30, 2009 -3- MW- 2009 -84 The proposed "phased" implementation plan and financing was discussed with the members of the Downtown Steering Committee at its meeting held on November 2, 2009. In addition, there are other external funding programs that staff will be making application to. These include the Region's 2010 Public Realm Grant and Combined Sewer Overflow /Municipal Assistance Program (CSOiMAP) programs could offer up to $100,000 and $166,400 respectively and the Rural Economic Development (RED) Funding Program offered through the Province for up to $50,000. If successful these amounts would be applied to the project, which would allow additional improvements to be done. COMMITMENT TO COUNCIL PRIORITIES The recommendation contained in this report is consistent with Council's priorities to identify and evaluate altemative sources of revenue, strengthen and promote economic development within the City and to establish infrastructure investment priorities. Recommended by: �H �J Geoff Holman Director of Municipal Works Approved by: w-- Ed Duil vic, Executive Director of Community Services Respectfully submitted: Ken Todd, Chief Administrative Officer SMEPORTS1200MW- 2009 -84 - Downtown (Queen Street) Infrastructure Improvement Plan.wpd (5/26/2010) Dean lorfida - Fwd: RFP P01 -2010, Archway Gateway Feature for Queen Street & River Road Page 1 From: Dean Iorfida To: adman @nfreview.com; council @niagarafalls.ca; mgrun @historicniagara.com... CC: Alex Herlovitch; Bob Bolibruck; Geoff Holman; Ken Beaman; Ken Todd; ... Date: 5/20/2010 1:03 PM Subject: Fwd: RFP P01 -2010, Archway Gateway Feature for Queen Street & River Road Attachments: Downtown Infrastructure. pdf At the most recent Downtown Steering Committee (DSC), there was much discussion regarding the RFP (Request for Proposal) for the Archway Gateway feature. Staff has reviewed the RFP and submissions. The RFP stated the request for the design, supply and installation of an Archway /Gateway Feature at Queen Street and River Road, not exceeding $100,000. What has been recommended by the DSC is a material deviation from what was stipulated and bid on by two proponents - from an archway /gateway feature at River Road ($100,000) to 15 arches throughout the Community Improvement (CIP) area ($376,100). The DSC's recommended proponent did not submit a proposal in accordance with the terms of the RFP or in compliance with the City's Supply and Services Policy. Complete Proposal packages were to be submitted to the City of Niagara Falls, Supply and Services Section, Municipal Service Centre, Friday, March 12, 2010 at 2:00 p.m. The recommended proposal was not submitted to the City, as per the stipulations of the RFP noted above. The City has clear policies about procurement. These policies are intended to ensure that public procurement is conducted in a fair and transparent manner. Staff cannot act in a manner that is contrary to these policies. In this case, the City does not have the legal right to award the contract unless the project is re- tendered, especially in light of the possible changes to the specifications. With the DSC's indulgence, staff is wishing to proceed on May 31st with a report directly to Council, via the Community Services Committee, with an update on the Downtown Infrastructure Project, in keeping with Council's previous approval on timing and phasing of the project (see attached). Thanks Dean Dean Iorfida, City Clerk Niagara Falls 905 - 356 -7521, Ext. 4271 905 - 356 -9083 (Fax) / MW- 2010 -28 Nlagaraj7glls May 31, 2010 REPORT TO: Councillor Carolynn loannoni, Chair Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2010 -28 Lot Grading Policy Update and Proposed By -Law Amendment RECOMMENDATION That Council approve the policy with respect to regulating storm water runoff on private property; and, 2. That Committee recommend Council receive the report and approve the amendments to By -Law No. 94 - 248 listed later in the Council agenda. EXECUTIVE SUMMARY From time to time City staff and Council are asked to intervene and arbitrate private drainage disputes between property owners. In doing so, it is important that drainage solutions are managed consistently and with due regard for property owners' rights under Common Law. The role of staff has been to provide technical advice to property owners' on the implementation of sustainable and cost - effective solutions. Although the by -law includes provisions for fines up to $5,000, it is not the intention of the City to effect any physical improvements, modifications or regrading on private property. Only the courts can make the final decision in the dispute. To obtain a ruling by a court, a civil action must be initiated by the damaged party. The purpose of this report is to clarify the roles and responsibilities of City Council and staff and to update By -Law No. 94 -248 so that it is consistent with related by -laws respecting the collection and discharge of surface and subsurface water. BACKGROUND At its meeting held on June 9 2008, Council passed a motion directing staff to prepare a report on a Lot Grading By -Law that would give City staff the authority to regulate, control and remedy drainage problems created intentionally or inadvertently by the owners of private property. Municipal Works staff responds to 50 -60 private drainage complaints or disputes each year sometimes without resolution to the satisfaction of the affected parties. While staff does their best to encourage cooperation between neighbours, the current by -law (By -Law No. 94 -248) lacks clarity and adequate penalties to ensure compliance. As a result, the May 31, 2010 -2- MW- 2010 -28 contribution from staff is limited to that of technical advice only, leaving the property owners to pursue remedies through the courts. LEGAL IMPLICATIONS The Fact Sheet published by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) provides some guidance with respect to property owners' rights and the natural flow of surface drainage. Drainage disputes generally fall into the realm of Common Law. Under Common Law, landowners are considered equal and court rulings are obtained by the initiation of a civil action by the damaged party. Court decisions made under Common Law have established precedents from which a set of rules has been developed that apply to water rights. These rules differ significantly between natural watercourses and surface water. A natural watercourse is generally defined as "a stream of water that flows along a defined channel, with a bed and banks, for a sufficient time to give it substantial existence." Natural watercourses must be permitted to flow and property owners have the right and obligation to ensure this is the case. Conversely, surface water has no defined course and "is water that falls as precipitation but which finds its way to a natural watercourse by percolation or flow." There is no right of drainage for surface water. ANALYSIS AND RATIONALE The City's Development Standards Manual includes very specific provisions for the design of the lot grading within new subdivisions and home builders must complete the final lot grading so that it conforms with the strict requirements of the Master Grade Control Plan. Most of the drainage disputes occur on existing, well - established properties as a result of minor lot grading by homeowners wishing to add backyard gardens, sheds or other features that generally do not require City permits. Sometimes these problems don't manifest themselves until years later making it difficult to determine if there are a direct cause and effect of a neighbour's actions. Similarly, variables such as storm intensity, duration and antecedent soil conditions make it difficult to assign responsibility especially if the impacts do not pose severe risk to structures on the adjacent property. For these reasons' staff would like to reaffirm its current role acting only in an advisory capacity. The current policy does include provisions for the City to assume the costs of any new infrastructure that may be required within the Municipal Road Allowance. The affected property owners assume the cost of the works constructed on private property and the City assumes the cost of the work required to bring the drainage to a suitable outlet out in the roadway (storm sewer or public ditch). A copy of Policy 312.7 is attached. Most of the amendments to the previous by -law are housekeeping in nature and include administrative changes (i.e., Director of Municipal Works instead of Chief Building Official) and other clarifications in the definitions section. May 31, 2010 -3- MW- 2010 -28 COMMITMENT TO COUNCIL PRIORITIES The recommendation contained in this report is consistent with Council's priority to continue to monitor the efficiency within the organization. ATTACHMENTS 1. Fact Sheet - Ministry of Agriculture, Food and Rural Affairs 2. Policy 312.7 Recommended by: Geoff Ho r a , Di ctor of unicipal Works Respectfully submitted: Ken Todki, Chief Administrative Officer SAREPORTS\2010 Repo rts \MW - 2010 -28 - Lot Grading Report.wpd Top 10 Common Law Drainage Problems Between Rural Neighbours Pagel of 8 �r Ontario MINISTRY OF AGRICULTURE FOOD & RURAL AFFAIRS Top 10 Common Law Drainage Problems Between Rural Neighbours FACTS HEFT ISSN 1198 -712X c:QLw"'% Printer for Ontario Agdex #: 752 Publication 04/98 Date: Order #: 98 -015 Last 04/98 Reviewed: / History: Original Factsheet Written by: g Veen - Drainage Co ordi Engineer, Horticultural Protection and Post Harvest /OMAFRA; Sid Vander Table of Contents 1. 2. 3. 4. Introduction It has often been said that good drainage makes for good neighbours. Unfortunately, drainage of water is one the most common areas of dispute between rural neighbours, whether they be farmers or not. Drainage disputes generally fall into the realm of Common Law, a system of law that Ontario inherited from Great Britain. Common Law forms the basis of our legal system. It always applies, unless it is specifically altered by a statute passed by our Provincial or Federal Governments. Common Law disputes are arguments between landowners, and if they cannot be mutually resolved, final solutions can be determined through the courts. Landowners are considered to be equal under Common Law, whether they be private citizens, companies, road authorities, municipalities, or Provincial and Federal governments. So, if you get advice on Common Law drainage problems from a drainage contractor, a drainage Engineer, a lawyer, a Conservation Authority, or a Government Agency, remember that it is not their responsibility to solve the problem. Only the courts can make the final decision in the dispute. To obtain a ruling by a court, a civil action must be initiated by the damaged party. Even though the courts have the ultimate decision on drainage disputes, neighbours should try to reach some common ground, and solve the problem in a neighbourly fashion without going to court. Court rulings in Common Law may not make either side happy. It is the intent of this Factsheet to help rural neighbours come to their own solutions and to avoid taking legal action against each other. This Factsheet is not a substitute for good legal advice. http:// www. omafra .gov.on.ca/english/engineer /facts /98- 015.htm 10/27/2009 Top 10 Common Law Drainage Problems Between Rural Neighbours Always consult a lawyer if a professional legal opinion is needed. Page 2 of 8 Previous Common Law court decisions have established precedents in drainage disputes, and from these precedents, a set of rules or principles have been developed that apply to water rights. These rules under Common Law can change as customs change and as new precedents are set. Also, the rules differ significantly between natural watercourses and surface water. Natural Watercourses Almost the whole definition of a natural watercourse is founded on the saying aqua currit et debet currere, or "water flows naturally and should be permitted thus to flow ". A natural watercourse is defined generally as "a stream of water which flows along a defined channel, with a bed and banks, for a sufficient time to give it substantial existence ". See It must, on casual examination, "present the unmistakable evidence of the frequent action of running water ". It is not essential that the supply be continuous, or form a perennial living source for flora or fauna. It is enough if "the water rises periodically from natural causes and reaches a plainly defined channel of a permanent character ". One can usually identify a natural watercourse on an aerial photo or a topographic map. See A natural watercourse "does not cease to be such if at a certain point it spreads out over a level area and flows for a distance without defined banks before flowing again in a defined channel ". Often, it is "the valley through which the stream runs, and not its low level or low water channel, which is the water course ". If water is in a natural watercourse, it must be permitted to flow. Figure 1. A natural watercourse with a defined bed, banks and sufficient flow. e - — r Figure 2. A natural watercourse shows up on an aerial photo (left) and topographical map (right). Farmers, and others, often have their own ideas about what is or isn't a natural watercourse. Obvious examples of natural watercourses in Ontario include: the St. Lawrence River, the Niagara River, and the Grand River. Many creeks and streams might also be considered to be natural watercourses. However, http:// www. omafra .gov.on.ca/english/engineer /facts /98- 015.htm 10/27/2009 Top 10 Common Law Drainage Problems Between Rural Neighbours Page 3 of 8 private ditches and channels across low areas on one's own property are not usually considered to be natural watercourses. See - 1 -,, : ' ' . The courts have the final say on whether a channel is a natural watercourse or not. Everyone elsan only offer an opinion. Figure 3. A private ditch or channel across a low area is not usually considered to be a natural watercourse. Surface Water Surface water has no defined course. See It is "the water that falls as precipitation, but which finds its way to a natural watercourse by percolation or flow ". Common Law can be confusing when it comes to surface water because, under most circumstances, it has no right of drainage and the law appears to deny the right of water to flow downhill. This is described further in this Factsheet. Figure 4. Surface water has no defined course and no right of drainage. Top 10 Common Law Drainage Problems Between Rural Neighbours The following questions are commonly asked by rural landowners. My neighbour's land is higher than mine, but can he simply dump his water on my land? If "his water" is surface water, then it has no right of drainage. Neighbours can either choose to keep their water on their property, or allow it to pass along onto property at a lower elevation. Similarly, property owners at a lower elevation can either accept the water from neighbours above them or reject it. However, once the water reaches a natural watercourse it must be allowed to continue to flow through all properties. Suppose there are two owners of adjacent parcels of land, A and B, where A is at a higher elevation than B. Obviously, precipitation that falls on the lands of A will flow towards the lands of B. If B objects to the flow of the surface water onto his lands, and A has done nothing to collect or concentrate the flow of water from his land, the courts are unlikely to rule against A, since they recognize that water flows downhill naturally. However, if B does not want the water from A, he can reject the water by building an impervious wall, berm or dyke along the boundary of his land, and in effect dam the water back upon the higher lands of A. Even http:// www. omafra .gov.on.ca/english/engineer /facts /98- 015.htm 10/27/2009 Top 10 Common Law Drainage Problems Between Rural Neighbours Page 4 of 8 though this may cause damage to A's property, B would not likely be liable, since surface water has no right of drainage, and A must accept the flooding. B may even fill his land until it exceeds the height of the higher ground of A. This apparent paradoxical circumstance would not make good neighbourly sense, does not solve anything, and simply would cause hard feelings between the neighbours. Can my neighbour outlet his tile over the fence onto my land, end it a few metres away from the property line on his side, or outlet it into my private ditch? Water from the drainage systems is considered to be surface water, so it has no right of drainage. Therefore, the situation is similar to the previous question, and the owner of the lower land, B, could again dam the water at the property line to protect his property. However, because water is being collected and deposited on B, B could also take legal action against A, the owner of the tile. B would have to prove that A is collecting water, dumping it on him, and causing damage that can be assessed a dollar value. When someone tile drains their property, they are obliged to take this collected water to a sufficient outlet. When trying to find a sufficient outlet, they should follow the path the tile water would follow. Then, they should ask themselves if a reasonable person would think that water could flow down this path and not cause any harm to any land or road. If so, this is probably a sufficient outlet, and many potential disputes can be avoided. If one has a private ditch on his property (not constructed under any legislation, such as a Municipal Drain), he is not obliged to clean it out for his neighbour's benefit. That is, one does not have to clean out a private ditch to accommodate the tile drains from a neighbour on higher ground. Also, a neighbour is not permitted to trespass on another property to clean the private ditch out, or to dig a new ditch without the owner's permission, unless there was some previously arranged, written Mutual Agreement Drain. Can my neighbour dump the eavestroughs from his greenhouses onto my land? Again, the water collected off a roof in an eavestrough ( -) is considered to be surface water, and it has no right of drainage. It must be taken to a sufficient outlet. Since this water has been collected, the greenhouse owner could be liable for the damage that this water causes on the downstream land. Other examples of collecting water include: private ditches that are not natural watercourses, swimming pool water, road ditches, irrigation water, water collected in catch basins, or runoff from parking lots and yard areas. The same answer applies as previously indicated. http: / /www.omafra .gov.on.ca/english /engineer /facts /98- 015.htm 10/27/2009 Top 10 Common Law Drainage Problems Between Rural Neighbours Figure 5. Surface Water Drained Off Greenhouse Roofs Has Been Collected Into Eavestroughs, So It Must Be Taken To A Sufficient Outlet. Can I plug up the the I found outletting onto my property, or into my private ditch? Page 5 of 8 Sometimes a new rural owner, say B, finds a tile draining out onto their land, or into their private ditch from higher neighbouring ground, say A. Normally, this would not be permitted under Common Law as outlined previously, since this tile water would be considered to be simply surface water. The only exception to this is if A's tile outlet into B's private ditch has existed for more than 20 years, and if during that time B never disputed or opposed the tile outlet. In this case, A acquires the right to outlet into the private ditch owned by B. This is called Prescriptive Rights, which is similar to Squatter's Rights, established through the Statute of Limitations. However, even if one has the right to plug the tile outlet, it certainly would not make for good neighbourly relations. The best option would be to discuss the matter with the owner of the tile system upstream, A, and come to some agreement on how to proceed. Do I have to let my neighbour run his tile into my the drainage system? No. Drainage tile is privately owned, and landowners are under no obligation to let a neighbour tile into it, as long as the tile is not part of a Municipal Drain. However, it would be neighbourly to come to some Mutual Agreement. A neighbour on higher land might pay for the privilege of using someone else's tile, or pay to install a larger one beside it that might be of some benefit in the future to either party. Landowners should be careful that they do not put their own tiled land at jeopardy, because they have allowed too much water into their main tiles. The main collector tile might not be designed to handle the extra water. Once a tile connection is made at the property line, it is very difficult for a landowner to know what other connections are being made further upstream for other owners or catch basins. Water from land at higher elevations above will always drain out first, while land at the lower elevation will drain more slowly if the main collector tiles are already full. It is strongly recommended that a written Mutual Agreement Drain be drawn up to keep these potential problems in mind. This agreement should be registered against both deeds for future reference and future owners. Unfortunately, landowners and their lawyers are often reluctant to sign Mutual Agreement Drain Documents because it adds something to the property deed that could make a future property sale less attractive to buyers. http: / /www.omafra .gov.on.ca/english /engineer /facts /98- 015.htm 10/27/2009 Top 10 Common Law Drainage Problems Between Rural Neighbours Page 6 of 8 Do I have to let my neighbour run his tile across my place to a sufficient outlet, and do I have to help pay the costs? Again, there is no requirement for a neighbour of lower land to let an owner of higher land run a tile through their property. However, it would be neighbourly to come to some agreement that benefits both parties. Perhaps, if the tile was increased in size at the time of construction, then both owners could use it. However, as in the previous questions, both parties should draw up a Mutual Agreement Drain that is registered against both deeds for future reference and owners. This avoids misunderstandings about who pays what, and who is responsible for what. Even if an owner of lower land agrees to let the neighbour run a tile across their farm, he is under no obligation to help pay the costs. He may, however, receive some benefit from the tile and, if so, it would be neighbourly to help share the costs in that case. The neighbour has another option, though, and that is to petition for a drain across the lower land under the Drainage Act. If he is successful, all neighbours would be forced to pay for their fair share of the costs based on how much water they drained into the watershed of the Municipal Drain, and how much benefit they received from it. However, in most cases, the Municipal Drain option might end up costing everyone more in the long run. Sometimes a Municipal Drain does not flow through a landowner's property even if he paid toward its cost. Paying toward the cost of a Municipal Drain still does not give a landowner the right to cross anyone's property with a tile or ditch to gain access to the Municipal Drain. By paying towards a Municipal Drain, an owner acquires the "right to outlet his tile drainage system into the drain ", but this same owner must still "acquire the right to cross someone else's farm, since the neighbouring farm is a private property ". If a landowner wanted access to the Municipal Drain, he should have brought this to the attention of the Drainage Engineer who designed the Municipal Drain in the first place. The Drainage Engineer could have designed a branch drain from the Municipal Drain through the neighbour's property. Petitioning for this branch drain can be done at a later date under the Drainage Act, but it would be more complicated and costly after the fact. I am puffing in a 150 mm (6 inch) main tile for my farm, but my neighbour wants me to put in a 200 mm (8 inch) tile, so he can tile into it as well. Do I have to? This question is similar to the previous one. One does not have to install a bigger tile to satisfy the neighbour's wishes, although again it would be neighbourly to come to some mutual agreement. Why doesn't the road department make their road ditches deep enough to outlet my tile drains? The road department is not required to dig their ditches deep enough to provide outlet for tile drains. See >. Road ditches are just another form of private ditch, and the road authorities are only obligated to dig their ditches deep enough to handle the surface water off their own roads. They are not even required to take surface water from surrounding land. There is no right of drainage of surface water even if it is in a road ditch, unless the ditch is part of a Municipal Drain and access for tile drains is permitted. That is, an owner of lower land can block the passage of ditches that are not natural watercourses or part of a Municipal Drain. For normal road ditches, permission must be obtained from the road department to outlet tile drains into them. http:// www. omafra .gov.on.ca/english/engineer /facts /98- 015.htm 10/27/2009 Top 10 Common Law Drainage Problems Between Rural Neighbours Page 7 of 8 Figure 6. Municipalities are not obliged to dig their road ditches deep enough to outlet tile drains, although these ditches often provide excellent outlets. Permission from the municipality is required. Can my neighbour force me to take down my trees on my side of our property line because he says their roots are plugging his tile drains? No, a neighbour cannot force anyone to take down the trees. However, if the trees are not removed and the situation is ignored, the neighbour may do some serious root pruning on their side of the property line that may affect the health of the trees. Some tree roots are known to travel more than 30 metres (100 feet). Unless absolutely necessary, trees should not be planted too close to property lines, especially water loving varieties such as willows and poplars. Conversely, tile drains and especially main collector tiles should not be installed too close to property lines that are already treed, or are likely to be treed in the future. Can I take logs and debris out of a natural watercourse adjacent to my property to get the water moving Anyone who interferes with the channel of a natural watercourse is liable for the damages that result from their actions. Before removing the obstructions, one should estimate the flow and volume of water being stored to see if the channel downstream can accommodate the sudden increase in flow without damage. The authors are indebted to Ross Irwin, P.Eng. and John Johnston, P.Eng. whose previous work in interpreting the Common Law aspects of drainage was very helpful in the preparation of this Factsheet. Competent legal counsel should be procured for any drainage problems that may arise between rural neighbours. For more information: Toll Free: 1- 877 - 424 -1300 Local: (519) 826 -4047 E-mail: http:// www. omafra .gov.on.ca/english/engineer /facts /98- 015.htm 10/27/2009 Top 10 Common Law Drainage Problems Between Rural Neighbours O tario This site is maintained by the Government of Ontario 6 copyright 2009 Queen's Printer for Ontario Last Modified: August 20, 2009 Page 8 of 8 http: / /www.omafra .gov.on.ca/english /engineer /facts /98- 015.htm 10/27/2009 COMMUNITY SERVICES DATE EFFECTED PROCEDURE: January 26, 1976 MUNICIPAL WORKS Private Sewer Lateral Charges DATE OF REVISION By -law 81 -174 July 13, 1981 Private Sewer Lateral Cleaning hection mz-o For work done on Monday through Friday, exclusive of holidays from 8:00 a.m. to 3:15 p.m. - $60.00; For work done Monday through Friday, exclusive of holidays from 3:15 p.m. to 4:00 p.m. - $108.00; For work done Saturdays, Sundays, holidays and any other day after 4:00 p.m. or before 8:00 a.m. - $203.00 COMMUNITY SERVICES MUNICIPAL WORKS DATE EFFECTED July 26, 1965 DATE OF REVISION 1984 PROCEDURE: Rear yard Drainage Report 933 Drains & Sewers hection In all future subdivisions, rear yard drainage will be considered and acted upon by Municipal Works; the City will acquire easements for ditches, pipe lines etc. It will then be the responsibility of the owners of the lots to maintain the drainage facilities. Where rear yard drainage problems now occur, Municipal Works will make a survey and an engineering study after receiving the complaint, and prepare a design which will solve the problem most economically. The City will construct all facilities required on the road allowance at the City's expense, with the owner taking over construction at the property line, and continuing with the remainder of the facility at his own expense. The City will provide engineering advice and set grades for the laying of tile, placing of catchbasins, etc. A member of the Sewer Division instructs the owner on the proper maintenance of rear yard catchbasins, in order to avoid freezing up in the winter, plugging etc. A number of private catchbasins have been constructed in the City using this procedure. By -law No. 6318 permits the Municipal Council to order an owner to drain his lot. Niagara Falls REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development PD- 2010 -42 May 31, 2010 SUBJECT: PD- 2010 -42 Matters Arising from the Municipal Heritage Committee 2010 Designated Property Grants for Alterations /Restoration To Designated Properties RECOMMENDATION That Council approve the alteration /restoration projects and grants for the following properties: 1. Spence Weaver Homestead, 6590 Dunn Street, owners Audrey & Todd Barclay for the restoration of the verandah on the north side of the two storey portion of the house. 2. James Oswald House, 2922 St. Paul Avenue, owners Steve Bailey and Dave Fotheringham for the restoration of the stone wall with iron fence on the west and south sides of the property. 3. Doran /Marshall House, 4851 River Road, owners Gary & Carolyn Burke for the repointing of the masonry on the verandah. EXECUTIVE SUMMARY At the May 12, 2010 meeting of the Municipal Heritage Committee the following motions were adopted: That the Committee supports the following grant applications: - The Spence - Weaver House to a maximum amount of $3,000.00. The James Oswald House to a maximum amount of $3,000.00 from 2010 program and $3,000.00 from 2008 program. - The Doran /Marshall House to a maximum amount of $3,000.00. May 31, 2010 -2- PD- 2010 -42 1. Designated Property Grant Application - 6590 Dunn Street, Spence Weaver Homestead An application was received from the owners of the above noted property for the re- establishment of the verandah over the two storey portion of the north elevation of the house. The verandah is being re- established based on historical photographs of the house with the verandah. The owners have worked with the staff and students at the Willowbank School for the Restoration Arts to re- create the structure as close to the original as possible. The Municipal Heritage Committee supports this restoration project. The grant guidelines state that two- thirds of the eligible costs of a project to a maximum of $3,000.00 will be paid to an owner. The estimated cost of this project is $23,000. Grant guidelines cap the amount of eligible costs at $3,000.00. The following motion was adopted by the Municipal Heritage Committee: "That the Committee support the application as submitted for two - thirds of the cost to a maximum of $3,000.00 for the re- establishment of the verandah on the Spence Weaver Homestead as it is restoring an architectural feature that previously existed on the house." 2. Designated Property Grant Application - 2922 St. Paul Avenue, James Oswald House An application was received from the owners of the above noted property for the restoration of the stone wall with iron fence on the west and south sides of the property (representing phase three). The owners intend to proceed in 2010 with two of the three phases of restoration of the stone wall and fence. The stone wall with iron fence is a heritage attribute listed in the Reasons for Designation and is a landmark in the area. The Municipal Heritage Committee supports this restoration project. The grant guidelines state that two - thirds of the eligible costs of a project to a maximum of $3,000.00 will be paid to an owner. The estimated cost of this portion of stone wall with iron fence project is $13,343.00. The following motion was adopted by the Municipal Heritage Committee: "That the Committee support the application as submitted for two - thirds of the cost to a maximum of $3,000.00 for the restoration of the stone wall with iron fence at the James Oswald House as it is restoration of an original heritage attribute listed in the Reasons for Designation for this property." The Municipal Heritage Committee had previously supported a Designated Property Grant in 2008 for this project, which was deferred until ownership of the fence could be resolved. Those funds are being held in reserve. Now that ownership is known and steps are being taken to transfer the ownership of the land the 2008 grant can be transferred from reserves. This phase of work is estimated at $13,086.55 which is eligible for the maximum grant. The grant will be paid when the transfer of land has occurred and the work complete. May 31, 2010 -3- PD- 2010 -42 The Municipal Heritage Committee passed the following motion: "That the 2008 Designated Property Grant amount of $3,000.00 to be applied to the second phase of the fence restoration." 3. Designated Property Grant Application - 4851 River Road, Doran /Marshall House An application was received from the owners of the above noted property for the repointing of the masonry of the walls of the verandah of the house. The verandah is a significant heritage attribute of the house and the repointing work will act to preserve this feature. The repointing work will be done to Ministry of Culture standards and the Municipal Heritage Committee is supportive of this restoration project. The grant guidelines state that two - thirds of the eligible costs of a project to a maximum of $3,000.00 will be paid to an owner. The estimated cost of the repointing work is $7,875.00. Grant guidelines cap the amount of eligible costs at $3,000.00. The following motion was adopted by the Municipal Heritage Committee: "That the Committee supports this application as submitted for two - thirds of the cost to a maximum of $3,000.00 for the repointing of the masonry wall of the verandah at the Doran /Marshall House as it is preservation of a significant heritage attribute of the property." FINANCIAL IMPLICATIONS The 2010 Budget allocates $9,000.00 to Municipal Heritage Property Grants. These three projects represent the total amount of funds allocated in the current budget year. Recommended by: Alex Herlovitch, Director of Planning, Building & Development Respectfully submitted: I �,� P.Boyle:mb Todd, Chief Administrative Officer S: \PDR \2010 \PD - 2010 -42, Matters Arising from MHC 2010 Property Grants.wpd NiagaraFalls REPORT TO: Councillor Carolynn loannoni, Chair Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -34 2010 Property Tax Rates RECOMMENDATION That Council approve the 2010 Property Tax Rates. EXECUTIVE SUMMARY F- 2010 -34 May 31, 2010 The municipality must have the annual tax rates approved prior to providing rate payers with final tax bills. The 2010 General Purposes Budget was approved on March 8, 2010. The annual general levy of $47,586,517 was approved at this time. The City's tax rates included in this report reflect the approved general levy. The regional, school and waste management rates have been provided by the responsible level of government and are also included in the schedule. BACKGROUND The Regional Municipality of Niagara has approved the 2010 tax ratios and tax rates. In addition, the Province of Ontario has established educational tax rates for 2010. The City is now in the position to establish its tax rates and to proceed with the Final 2010 Billing for the non - capped property classes. This report provides for Council, the City's 2010 property tax rates. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The 2010 tax levy is $47,586,517 ($45,628,044 for 2009). The General taxation portion of this total levy is $41,310,097 ($39,609,791 for 2009); the Urban Service Area taxation portion is $6,276,420 ($6,018,253 for 2009). Corresponding tax rates based on these levies are provided in Table 1. The effective tax rates are 0.57% lower than the rates approved for 2009. The Region of Niagara provides waste management services for the residents of Niagara Falls. The Region has provided the costs of this service for 2010 to the City while the municipality has included an allowance for write offs due to assessment appeals. The annual cost used to determine the rates for 2010 is $6,739,580 ($6,550,020 for 2009). To fund this expense, the City collects the taxes from the residents using a separate tax rate. Table 2 provides a comparison of the waste management tax rates used in 2009 to the recommended rates for 2010. May 31, 2010 -2- F- 2010 -34 The Appropriations and Levying By -law is prepared for Council's adoption, should Council approve the recommendation. This By -law authorizes the preparation and sending of Final Tax Notices. Appendix A of the By -law shows the summary of tax rates for each classification and for all levies. LIST OF ATTACHMENTS Table 1 Tax Rate - City of Niagara Falls Table 2 Waste Management Tax Rates - City of Niagara Falls Recommended by: . //OU( � Todd Harr' ors, Di ctor of Financial Services Respectfully submitted: I �►' Ken Tod Chief Administrative Officer Table 1 Tax Rates - City of Niagara Falls F- 2010 -34 2009 2010 Urban Urban Tax Rates Service Service City of Niagara Falls General Area Combined' General Area Combined Residential 0.435494% 0.069663% 0.505157% 0.432926% 0.069345% 0.502271% Multi- Residential 0.897117% 0.143505% 1.040622% 0.891828% 0.142850% 1.034678% New Multi- Residential 0.435494% 0.069663% 0.505157% 0.432926% 0.069345% 0.502271% Commercial - Occupied 0.765859% 0.122509% 0.888368% 0.761344% 0.121950% 0.883294% Commercial - Vacant Unit 0.536101% 0.085756% 0.621857% 0.532941% 0.085365% 0.618306% Commercial - Vacant Land 0.536101% 0.085756% 0.621857% 0.532941% 0.085365% 0.618306% Commercial (New Construction) 0.765859% 0.122509% 0.888368% 0.761344% 0.121950% 0.883294% Comm (New Constr) - Excess Land 0.536101% 0.085756% 0.621857% 0.532941% 0.085365% 0.618306% Comm New Constr - Vacant Land 0.536101% 0.085756% 0.621857% 0.532941% 0.085365% 0.618306% Industrial - Occupied 1.145348% 0.183213% 1.328561% 1.138595% 0.182377% 1.320972% Industrial - Vacant Unit 0.744477% 0.119088% 0.863565% 0.740087% 0.118545% 0.858632% Industrial - Vacant Land 0.744477% 0.119088% 0.863565% 0.740087% 0.118545% 0.858632% Industrial (New Construction) 1.145348% 0.183213% 1.328561% 1.138595% 0.182377% 1.320972% Indust (New Constr) - Excess Land 0.744477% 0.119088% 0.863565% 0.740087% 0.118545% 0.858632% Indust New Constr - Vacant Land 0.744477% 0.119088% 0.863565% 0.740087% 0.118545% 0.858632% Pipelines 0.727754% 0.116413% 0.844167% 0.736883% 0.118032% 0.854915% Farmlands 0.108873% 0.017416% 0.126289% 0.108231% 0.017336% 0.125567% Managed Forests 0.108873% 0.017416% 0.126289% 0.108231% 0.017336% 0.125567% Farmlands Awaiting Development 1 0.326620% 0.052247% 0.378867% 0.324694% 0.052009% 0.376703% Farmlands Awaiting I lDevelopment 11 1 0.435494%1 0.069663%1 0.505157%1 0.432926%1 0.069345% 0.502271% F- 2010 -34 Table 2 Waste Management Tax Rates - City of Niagara Falls 2009 2010 Waste Waste Property Class Management Management Tax Rate Tax Rate Residential 0.072015% 0.070630% Multi- Residential 0.148351% 0.145498% New Multi- Residential 0.072015% 0.070630% Commercial 0.126645% 0.124210% Excess Land 0.088652% 0.086947% Vacant Land 0.088652% 0.086947% Industrial 0.189399% 0.185757% Excess Land 0.123109% 0.120742% Vacant Land 0.123109% 0.120742% Large Industrial 0.189399% 0.185757% Excess Land 0.123109% 0.120742% Pipelines 0.120344% 0.120220% Farmlands 0.018004% 0.017658% Managed Forests 0.018004% 0.017658% Farmland Awaiting Development 1 0.054011% 0.052973% Farmland Awaiting Development 11 1 0.072015% 1 0.070630% Niagarapalls REPORT TO: Councillor Carolynn loannoni, Chair Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: SUBJECT: Finance Department F- 2010 -24 HST Report RECOMMENDATION F- 2010 -24 May 31, 2010 Approve amended Schedule of Fees and Services affected by the implementation of Harmonized Sales Tax (HST). EXECUTIVE SUMMARY On July 1, 2010, the Harmonized Sales Tax will be charged on all applicable goods and services. This report provides a summary of the impact of the HST, the efforts of staff to date and a revised rates /fees schedule. On the General Purposes and Municipal Utility Budgets, staff believe the new tax system will have a negligible impact due to the continuance of the rebate system for eligible expenditures made by the municipality. On the Capital Budget, the impacts will be an increase of 1.76% since the full rebate will not be available as is with the GST. Staff is hopeful that the competitive bidding process will minimize the impact for new capital works projects. The municipality has updated the rates and fees schedule to identify those good /services that will be subject to HST. BACKGROUND In 2008, the province of Ontario announced that the existing Provincial Sales Tax and Goods and Services Tax charged on goods purchased would be replaced by the Harmonized Sales Tax (HST). The HST would be similar in nature to the Goods and Services Tax charged by the federal government. The HST, like the GST would include not only products, but would include services which are presently PST exempt. Ontario is following provinces such as Nova Scotia and New Brunswick which have already implemented the HST. ANALYSIS /RATIONALE City staff has been working on changing all of the financial instruments that will be impacted by the conversion to HST. In Finance, the accounting systems, ledger system and invoicing software have been updated forthe conversion to HST effective July 1, 2010. In fact, for contracts that operate after July 1S staff have had to address HST on the City's forms. In addition, City equipment such as parking machines, are being reprogrammed to accommodate the change. May 31, 2010 - 2- F- 2010 -24 The City's Schedule of Fees must be updated to recognize those goods and services that will be impacted by the change. As a rule of thumb, any municipal services that had been adding GST will now have to include HST, while those that did not will continue to be HST exempt. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Presently, the municipality receives a 100% rebate of the federal GST rate of 5 %. The existing PST of 8% is a charge that cannot be rebated. As indicated earlier, the distinction between the two taxes is that the GST is charged on a broader spectrum of goods than the PST. The conversion to an HST rate of 13% will now be on the broader quantity of goods, however, the rebates afforded municipalities will also be available. Municipalities will continue to receive the full rebate from the federal government and will receive 78.3% of the provincial portion. This represents an increase of 1.4% in costs of purchases. However, prior to the change to HST, the amounts paid in PST were not rebated. Under the HST system, these expenditures will be rebated up to 78.3% of the tax. Staff has investigated the impact on the General Purposes and Municipal Utility Budgets, and believe that the cost increase will be offset by the rebates. The impact on the Capital Budget will result in an increase of 1.76% on the costs of the projects. Staff is confident that the competitive bidding process will return favourable capital project costs which will mitigate the anticipated price increase. The cost of services provided by City staff will be impacted by the HST charge. Specifically, services that are currently charged GST will see an increase of 8% due to the HST. The Schedule of Fees has been amended to reflect those services impacted by the HST. LIST OF ATTACHMENTS Schedule of Fees for Service - July 1, 2010 Recommended by: Respectfully submitted: Todd Harrison, Director of Financial Services Ken To d, Chief Administrative Officer TH For Services JULY 2010 Table of Contents Clerks & By -law Services ............................................ ............................... 1 Finance.......................................................... ............................... 4 LegalServices ..................................................... ............................... 6 BusinessDevelopment .............................................. ............................... 6 Planning, Building & Development ..................................... ............................... 7 City Development Charges 14 Municipal Works FireServices ..................................................... ............................... i 17 Parks, Recreation & Culture • Arenas ....................................................... ............................... 19 •Public Skating ................................................. ............................... 20 -Pools ....................................................... ............................... 20 •Special Events ................................................ ............................... 20 •Athletic Field Turf .............................................. ............................... 21 . Artificial Field Lighting .......................................... ............................... 21 • Coronation 50 Plus Recreation Centre •Cemetery Services ............................................. ............................... 22 Columbariu m ........................................ ............................... 25 Transportation Services ............................................ ............................... 27 Notes Licence Amusement Place, Etc. Auctioneers Bake Shops Barber Shops, Hair Dressing and Esthetician Establishments Bill and Sign Positing and Installation Billiard, Bagatelle and Pool Establishments • Plus rate per table Bowling Alleys - per lane Butchers Camping Establishments Commercial Parking Lots Dealers in Old Gold or Other Precious Metals Driving Schools Driving Instructors Exhibitions, Etc. Flea Markets for first 3 consecutive days • Plus additional rate per day Food Premises Laundrymen, Laundry Companies, Dry Cleaners, Etc. Motels per room • Plus rate per room Pawn Brokers Pedlars (1) Resident (2) Non - Resident 45.00 65.00 30.00 30.00 100.00 70.00 20.00 20.00 30.00 110.00 100.00 110.00 60.00 25.00 45.00 650.00 100.00 30.00 30.00 40.00 5.00 110.00 110.00 650.00 \S:e�ar�aj'ul[s I N/A December 31 N/A December 31 -1- Expiration Date N/A April 30 N/A December 31 N/A December 31 N/A December 31 N/A December 31 N/A December 31 N/A December 31 N/A December 31 N/A December 31 N/A April 30 N/A December 31 N/A December 31 N/A December 31 N/A December 31 N/A April 30 N/A December 31 N/A to a maximum of $1,150 in one calendar year N/A December 31 N/A December 31 N/A April 30 N/A April 30 N/A December 31 N/A December 31 N/A December 31 -1- Niagara J4111S Photographers (1) Resident (2) Non - Resident Public Garages, Automobile, Service Stations (1) Garages (2) Auto Service Stations Public Halls (1) Grade I - Capacity 1,000+ (2) Grade II - Capacity 600 -999 (3) Grade III - Capacity 300 -599 (4) Grade IV - Capacity 299 -under Refreshment Vehicles (1) Motorized (2) Non - Motorized Restaurants Specific Location Daily Sales (1) Resident (2) Non - Resident for the first day • Plus additional rate per day (3) Charitable Groups for first 3 days • Plus additional rate per day Tattoo and Body Piercing Parlours Theatres Therapeutic Massage Massagist (R.M.T.) Tourist Homes, Bed & Breakfasts Second Level Lodging Group Homes Expiration Date December 31 65.00 N/A 140.00 N/A December 31 30.00 N/A 30.00 N/A December 31 45.00 N/A 40.00 N/A 35.00 N/A 30.00 N/A April 30 185.00 N/A 100.00 N/A 40.00 N/A April 30 150.00 N/A to a maximum of $1,000 in one 500.00 N/A calendar year 100.00 N/A 325.00 N/A to a maximum of $575 in one 50.00 N/A calendar year 100.00 N/A December 31 110.00 N/A December 31 75.00 N/A December 31 25.00 N/A December 31 65.00 N/A April 30 200.00 N/A December 31 25.00 N/A December 31 -2- Marriage Licence Fees $ Rate $ HST Expiration Date Marriage Licence (payable at the time of application) 100.00 N/A By -law Services Vital Statistic Services Fee $ Rate $ HST Expiration Date Division Registrars' Travel Statement (payable at the time of application) 25.00 N/A N/A 50.00 Other Licences $ Rate $ HST Expiration Date Master Plumber 40.00 N/A December 31 Journeyman Plumber 15.00 N/A December 31 Adult Entertainment Licence Fees $ Rate $ HST Expiration Date Owner of a Body -Rub Parlour 2,500.00 N/A Operator of a Body -Rub Parlour 400.00 N/A Body- Rubber at a Body -Rub Parlour 250.00 N/A Owner of an Adult Entertainment Parlour 2,500.00 N/A Operator of an Adult Entertainment Parlour 750.00 N/A Entertainer at an Adult Entertainment Parlour 125.00 N/A Owner of an Adult Store 200.00 N/A Seasonal Business Services Licences $ Rate $ HST Expiration Date Seasonal Business Services Licence 1,200.00 N/A valid from Victoria Day weekend until Canadian Thanksgiving Monthly Business Services Licence 300.00 N/A valid for four (4) consecutive weeks Administrative Fee* 300.00 N/A * This processing fee is due and payable at the time the application for a licence is made, and it is not refundable, notwithstanding that the application for a licence may be withdrawn or refused for any reason. Should the licence be issued the administration fee will be deducted from the seasonal or monthly fee. By -law Services $ Fee $ HST $ Total Weed Control Administration Fee 250.00 N/A 250.00 Sign Removal Administration Fee 50.00 N/A 50.00 By -law Booklets 5.00 .65 5.65 Litter By -law Administration Fee 250.00 N/A 250.00 Variances and Appeals to By -laws (General) 250.00 N/A 250.00 -3- ti'iga�;r €raj�nlls Water Rates Service Charge' - Water (See table below) Service Charge" - Sewer (See table below) Service Charges are based on the meter service size. Consumption Charge - Water - per cubic meter Consumption Charge - Sewer - per cubic meter Rate Table for Monthly Service Charges Water Sewer $ Fee $ Fee Meter Size 15 mm (0.58) 21.88 20.20 18 mm (0.75) 21.88 20.20 25 mm (1.00) 21.88 20.20 37 mm (1.50) 65.65 60.60 50 mm (2.00) 131.29 121.21 75 mm (3.00) 262.59 242.41 100 mm (4.00) 481.41 444.43 150 mm (6.00) 919.05 848.45 200 mm (8.00) 1,641.16 1,515.09 250 mm (10.00) 2,297.62 2,121.13 Rates displayed assumes payment on or before due date. Payments received subsequent to due dates are subject to a Late Payment Charge of 5 %. Please Note: All water accounts are being billed and collected by Niagara Peninsula Energy Inc. Please remit payments to Niagara Peninsula Energy Inc. -4- tiiagarapalls -5- N i <;i.�,r<, j 1Is Finance Water $ Fee $, HST $ Total Installation of Water Service or Meter Installations: • 3/4" Residential Water Service 1,650.00 N/A 1,650.00 • over 3/4" Water Service Actual Cost N/A Actual Cost • New Meter Installation for Existing Services Actual Cost N/A Actual Cost Shutting Off or Turning On Water Supply • during Normal Working Hours 55.00 N/A 55.00 • outside Normal Working Hours 165.00 N/A 165.00 Meter Removal or re- installation • during normal working hours (per hour / per city employee) 40.00 N/A 40.00 • outside normal working hours (per hour / per city employee) 100.00 N/A 100.00 Administration Fee for Water Arrears Transferred to Property Taxes 22.00 N/A 22.00 Note: For the purpose of this By -law, normal working hours shall mean Monday to Friday (exclusive of holidays) between 8 a.m. and 4 p.m. Tax Information $ Fee $ HST $ Total Tax Certificate per Property 50.00 N/A 50.00 Tax Information per Property 40.00 N/A 40.00 Registration Fees - Costs plus Mortgage Letter • M 35.00 N/A 35.00 • Farm Debt Letter 35.00 N/A 35.00 • Final Letter 35.00 N/A 35.00 Interest / Penalty on Tax Arrears 1.25% 1.25% Extension Agreements 300.00 N/A 300.00 Personal Tax Information Copy • Current Year no charge no charge • One Year 1.00 N/A 1.00 • Two Years and Prior 15.00 N/A 15.00 Mortgage Company Administration Fee 10.00 N/A 10.00 Licences $ Fee $ HST $ Total Dog Licence • Neutered 20.00 N/A 20.00 • Non - neutered 40.00 N/A 40.00 Sundry $ Fee $ HST $ Total Returned Cheque Fee per Account 35.00 N/A 35.00 -5- Preparation of Subdivision Agreement Preparation of Development Agreement Preparation of Condominium Agreement Preparation of Site Plan Agreement Preparation of Section 37 Agreement Preparation of Conservation Easement Agreement I Preparation of Encroachment Agreement Preparation of Easement Agreement Preparation of Lease / Licence Agreement with the City Preparation of Release of Easement Preparation of Registration Documentation for Part Lot Control By -law Preparation of Discharge of Property Standards Order Preparation of All Other Agreements Property Inquiry Fee * Subject to Applicable Disbursements Description Annual Sign Panel Fee - Stanley Avenue Business Park Association - $500.00 per panel (4 panels) Term: October 1, 2010 to September 30, 2011 3,500.00 N/A 3,500.00 3,500.00 N/A 3,500.00 3,500.00 N/A 3,500.00 1,500.00 N/A 1,500.00 1,000.00 N/A 1,000.00 750.00 N/A 750.00 500.00 N/A 500.00 500.00 N/A 500.00 500.00 65.00 565.00 150.00 N/A 150.00 200.00 N/A 200.00 75.00 N/A 75.00 1,500.00 195.00 1,695.00 500.00 N/A 500.00 $ Fee $ HST 2,000.00 260.00 Total 2,260.00 -6- Nix gaaraaf %i - ctts Official Plan Amendment Application $ Fee $ HST Official Plan Amendment Application 6,100.00 N/A Zoning Amendment Application $ Fee $'HST High Rise Hotels 7,250.00 N/A Standard 2,800.00 N/A Complex 6,100.00 N/A Public Renotification $ Fee $ HST Mailing Renotification 225.00 N/A Reassessment requiring a further report 400.00 N/A Newspaper Renotification ($600.00 deposit payable with application) I Actual Cost Official Plan & Zoning Amendment Application (Combined) _ $ >Fee $ HST High Rise Hotels 8,100.00 N/A All Other Lands I 6,750.00 N/A Site Plan Application $ Fee $ HST High Rise Hotels 3,000.00 N/A All Other Lands (including Testamentary Devise) 2,000.00 N/A Amendment to Site Plan Agreement 750.00 N/A Site Plan Compliance Letter 135.00 N/A Notes: Additional fees from the Legal Department are required for applications requiring agreements and registration of some by -laws. $ Total 6,100.00 $ Total 7,250.00 2,800.00 6,100.00 $ Total 225.00 400.00 Actual Cost $ Total 8,100.00 6,750.00 $ Total 3,000.00 2,000.00 750.00 135.00 -7- Plan of Subdivision Application $ Fee $ HST Residential Plan 6,750.00 N/A Modifications to Draft Plan Approval 1,500.00 N/A Extension to Draft Plan Approval 750.00 N/A Plan of Condominium $ Fee -, $ HST Vacant Land 5,000.00 N/A Conversion 1,625.00 N/A Standard 1,125.00 N/A Extension of Draft Plan 750.00 N/A Modification of Draft Plan - Vacant Land Condominium 1,500.00 N/A Modification of Draft Plan - Standard / Conversion 750.00 N/A Part Lot Control $ Fee $ HST Separation of Semi - detached / On- street Townhouse Units 750.00 N/A Deeming By -law 750.00 N/A Property Relotting 1,700.00 N/A Committee of Adjustment $ Fee $'HST Consent / Severance Application 1,700.00 N/A • Rescheduling / Renotification 150.00 N/A • Change of Conditions 150.00 N/A Minor Variance 1,050.00 N/A • Rescheduling / Renotification 150.00 N/A Environmental Information Letter 135.00 N/A Zoning Confirmation Letter 135.00 N/A Sign By -law Variances $ Fee $'HST Variance to Sign By -law 1,050.00 N/A Sign By -law Amendment 2,800.00 N/A Sidewalk Cafes $ Fee $`HST Sidewalk Cafe Application 500.00 N/A $ Total 6.750.00 1,500.00 750.00 $ Total 5,000.00 1,625.00 1,125.00 750.00 1,500.00 750.00 $ Total 750.00 750.00 1,700.00 $ Total 1,700.00 150.00 150.00 1,050.00 150.00 135.00 135.00 $ Total 1,050.00 2,800.00 $ Total 500.00 Notes: Additional fees are required for Regional Planning review of most applications. Additional fees may be required for Niagara Peninsula Conservation Authority and Regional Niagara Health Department review, where applicable. -8- iagrzr�'1411ls -9- Niag�ur.iJ�r�Iis Plannin Building Develop Publications $ Fee $ HST $ Total Official Plan 39.82 5.18 45.00 Zoning By -law 79 -200 (as amended) 39.82 5.18 45.00 Community Improvement Plans • Brownfield C.I.P. 8.85 1.15 10.00 • Brownfield Strategy 4.43 .57 5.00 • Pilot Project Area 4.43 .57 5.00 • Financial Incentives No Charge • Main & Ferry SWOT Analysis Report 4.43 .57 5.00 • Historic Drummondville CIP 8.85 1.15 10.00 • Land Use Plan 4.43 .57 5.00 • Conceptual Urban Design Guidelines 4.43 .57 5.00 Urban Woodlot Study 26.55 3.45 30.00 Accommodations & Attractions Inventory 22.12 2.88 25.00 Garner Neighbourhood Secondary Plan 13.28 1.72 15.00 Tourism Policy Review 13.28 1.72 15.00 Tourist Area Development Strategy 13.28 1.72 15.00 Tourist Area Development Application Guide 4.43 .57 5.00 Sign By -law Review Study 13.28 1.72 15.00 Streetscape Master Plan 13.28 1.72 15.00 Reverse Lot Frontages Interim Guidelines (1989) 8.85 1.15 10.00 Site Plan Policy & Standards (copy included with application) 8.85 1.15 10.00 Sidewalk Cafe 8.85 1.15 10.00 Smart Growth in Niagara 4.43 .57 5.00 High -rise Hotel Development Inventory No charge Heritage Walking Tours No charge Copies of Out -of -Print Materials 35.40 4.60 40.00 Other $ Fee $ HST $ Total Photocopying - 4 pages or more - Black & White .24 .03 .27 Date Base Information (Population /Spreadsheet Reports /Statistical Data) To be negotiated -9- Niigg ,I�.� 1 11IIs The permit fee for the construction of a building, structure 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. Assembly Buildings $ / Sq.ft. $ / Sq. m School, Church, Restaurant (over 30 seats), Library, Theatre, Educational or Recreational Facility and Occupancies of 1.446 15.57 a similar nature. Casino 2.340 25.25 Institutional Buildings $ /_Sq.ft. $ / Sq. m Hospital, Nursing Home, Reformatory, Prison, and Occupancies of a similar nature. 1.446 15.57 Residential Buildings $ / Sq.ft. $ / Sq. m Single family dwelling, semi - detached dwelling, duplex dwelling 0.941 10.13 Townhouse 0.894 9.62 Add for finished basement, in any of the above 0.257 2.96 Apartment Building 0.875 9.42 Hotel / Motel / Bed & Breakfast 1.446 15.57 Business & Personal Service Buildings $ / Sq.ft. $ /Sq. m Office or Medical Building, Financial Institutional and Occupancies of a similar nature. 1.446 15.57 Mercantile Buildings $ / Sq.ft. $ / Sq. m Low Rise Retail Store, Strip Plaza, Small Restaurant of 30 seats or less, and Occupancies of a similar nature. 1.176 12.67 Add for Offices or Apartments over the above. 0.675 7.26 Supermarket, Department Store and Occupancies of a similar nature. 1.022 10.99 Add for basement to any of the above mercantile uses. 0.405 4.37 -10- Method as below -11- ti's,i�,ar�a j Plannin Building : Develop Industrial Buildings $ / Sq.ft. $ / Sq.'m Factory, Plant, Warehouse, Industrial Building, and Occupancies of a similar nature. 0.572 6.17 Offices in Industrial Building 1.077 11.60 Other Permits $ / Sq.ft. $ / Sq. m Service Station, Car Wash 0.982 10.57 Air- supported Structure, Tent (See note 5 in By -law) • Under 250 sq. m. - Flat Fee 150.00 • 250 sq. m - or greater 0.114 1.23 Parking Garage 0.411 4.43 Accessory Storage Building, Farm Building, Greenhouse 0.289 3.11 Conversion of Interior of an Existing Building to a Casino 1.172 12.63 Change of Use • Less than 4,300 sq.ft. (400 sq.m.) - Flat Fee 150.00 • 4,300 sq.ft. (400 sq.m.), or more - Minimum fee $150.00 0.367 3.78 Foundation only - % of full permit fee 10% Structural Shell & Foundation only- % of full permit fee 50% Architectural Shell & Foundation only - % of full permit fee 67% (see note 7 in By -law) Demolition of a Building or Structure - min. $150.00 0.023 0.24 i Public Pool - Flat Fee 375.00 Private Pool above ground - Flat Fee 80.00 inground Value Method as below -11- Other Permits Continued ... Miscellaneous Residential • Addition to Existing Dwelling (includes attached garage) • Detached Garage • Accessory Building, Detached Solarium • Finishing Basement • Carport, Open Porch, Deck - Flat Fee • Mobile Home (CSA certified) - Flat Fee - Foundation Extra • Mobile Home Foundation • Mobile Home (Uncertified) - including foundation • Signs - for up to 2.322 sq. m. plus $18.837 for each additional sq. m. $ / Sq.ft. $ / Sq. m 0.941 10.13 0.303 3.26 0.268 2.88 0.275 2.96 150.00 400.00 150.00 Value Method, 0.151 1.63 0.527 5.67 Miscellaneous 70.00 Plumbing, Drains, & Sewers $ Fee Installation of Plumbing - for all plumbing, up to seven fixtures in each unit, plus $4.00 for each additional fixture 75.00 Rain Water Leaders, Manhole, Catch basin, Area Drain (each) 4.00 Building Drain, Building Sewer, Building Storm Drain, Building Storm Sewer, Storm Drainage Piping, Private Drain, 75.00 Private Storm Drain, Water Service Pipe (2" diameter or less) - for initial 150 feet (45 m) of pipe or portion thereof, plus - for each 50 feet (15 m) of additional pipe 15.00 Connection to a municipal water main (tap only) - Flat Fee - 3/4" up to and including 2" 100.00 Connection to a municipal water main (tap only) - Flat Fee - over 2" 400.00 Water Service Pipe or Private Main (over 2" diameter) Value Method, as listed under Miscellaneous Miscellaneous $ Fee Transfer of Permit to New Owner - 10% of original fee - Minimum Fee 150.00 Extension of Revocation Date of Permit - Flat Fee 85.00 Conditional Permit Agreement (See below) - Not Registered - Minimum Fee 150.00 - Registered on Title - Minimum Fee 250.00 $ Total 75.00 4.00 75.00 15.00 100.00 400.00 $ Total 150.00 85.00 150.00 250.00 -12- Miscellaneous o rue 'P no Non - routine Inspection Fee • During Regular Hours - Flat Fee 65.00 N/A • After Regular Hours - Flat Fee 100.00 N/A Partial Occupancy Inspection Fee - Per Hour 65.00 N/A Compliance Letter to Lawyers, etc. - per property 75.00 N/A Liquor Licence Letter - per property 75.00 N/A Zoning Confirmation - per property 6.50 N/A Weekend Inspection - per inspection - Minimum Fee up to 4 hours - $100.00 per hour after 4 hours 250.00 N/A Preparation of Discharge of Property Standards Order Administration Fee 125.00 N/A " The fee for a Conditional Permit Agreement (CPA) is 20% of the full permit fee. Min. $150.00. In the event that the CPA is complied in full by the due date, then 50% of the CPA fee will be refunded. The fees above, calculated on a sq. ft. /sq. m. basis, include new floor area either in a new building or an addition to an existing building. For categories of construction not listed above, the permit fee shall be $150.00 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. (Includes inground swimming pools) Minimum Permit Fee $150.00 for all classes of permits not noted above. Other applicable fees may be payable for servicing, deposits, development charges, park dedications, etc. The fee for fast tracking a permit (when available) is 1.5 times the applicable rate listed 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: This Summary is intended for reference purposes only. For complete information, refer to By -law 2007 -33 and the various amendments thereto and other applicable by -laws. .24 .03 Photocopies 35.00 N/A Non - sufficient Funds 150.00 19.50 Monthly Building Report 750.00 N/A Damage Deposit 1,500.00 N/A Security Deposit 300.00 N/A Lot Grading Deposit • 1982 Policy - Pool and Accessory Buildings 1989 Policy 1,000.00 N/A • 1989 Policy (Infill Lot) Market Fees $ Fee $ HST NIAGARA FALLS FARMERS MARKET PARK STREET MARKET Stalls 1 to 37 inclusive - Daily 37.45 4.87 Monthly 112.35 14.61 Yearly 187.25 24.34 Stalls M1 to M5 inclusive - Yearly 642.00 83.46 SYLVIA PLACE MARKET Stalls 1 to 43 inclusive - Daily 37.45 4.87 Monthly 112.35 14.61 Yearly 187.25 24.34 • Stalls M1 to M7 inclusive - Yearly 642.00 83.46 • M Denotes Meat Stalls Crafters' Tables - Daily 10.00 1.30 -13- 65.00 100.00 65.00 75.00 75.00 6.50 250.00 125.00 .27 35.00 169.50 750.00 1,500.00 300.00 1,000.00 $ Total 42.32 126.96 211.59 725.46 42.32 126.96 211.59 725.46 11.30 City Development Charges 2009 - 2010 Effective July 20, 2009 Development charges against land to be developed for residential use shall be based upon the following designated services within the corresponding area provided by the City, and in proportions applicable to each service. Designated Services Urban Area Non -Urban Area Mun -Wide ( %) Urban Services ( %) City-Wide Only ( %) Development Related Studies 2.74% 0.00% 6.68% Roadways & Related 14.51% 0.00% 35.35% Transit 2.95% 0.00% 7.21% Parks & Rec. 18.48% 0.00% 45.03% Library 2.35% 0.00% 5.73% Sanitary Sewer 0.00% 29.97% 0.00% Storm Water Management 0.00% 23.16% 0.00% Sidewalks 0.00% 1.31% 0.00% Water 0.00% 4.53% 0.00% Total 41.03% 58.97% 100.00% Subject to the provisions of this part and this By -law 2009 -120, development charges against land to be developed for residential use shall be calculated and collected at the following base rates: Development Type Urban Area Non -Urban Area Residential $ Per Dwelling Unit $,Per Dwelling Unit Single and Semi Detached Dwelling 10,000.00 4,103.00 Townhouse Dwelling 6.66700 2,736.00 Apartment Dwelling 5,440.00 2,232.00 -14- Nia airaJtrlls Private Sewer Lateral Cleaning $ Fee -- $ HST $ Total Monday to Friday (Exclusive of Holidays) 100.00 N/A 100.00 between 8:00 a.m. to 3:15 p.m. Monday to Friday (Exclusive of Holidays) 130.00 N/A 130.00 between 3:15 p.m. and 4:00 p.m. Saturday, Sunday, or Holiday (anytime) or any other day before 8:00 a.m. or after 4:00 p.m. 275.00 N/A 275.00 "No Action" or False Alarm 30.00 N/A 30.00 Tracing or Video Inspection of a Private Sewer Service 125.00 N/A 125.00 Note: Payment can be made by cash, cheque, or credit card in advance of doing any work. Purchase Water Meters $ Fee - $ HST $ Total 5/8" 193.47 N/A 193.47 3/4" 225.69 N/A 225.69 i ll 303.92 N/A 303.92 1.5' 581.36 N/A 581.36 2" compound 2,267.61 N/A 2,267.61 3" compound 3,140.64 N/A 3,140.64 4" compound 4,470.57 N/A 4,470.57 5" compound 8,131.02 N/A 8,131.02 4" protectus 8,135.67 N/A 8,135.67 6" protectus 10,045.94 N/A 10,045.94 8" protectus 13,655.54 N/A 13,655.54 Subdivision Plans Prints $ Fee $ HST $ Total Full Size Prints 4.43 .57 5.00 Photocopies (per page) .24 .03 .27 Letters of Compliance 13.28 1.72 15.00 Tender Documents 44.25 5.75 50.00 Engineering Manuals and Reports 22.12 2.88 25.00 Water /Sewer Maps /Reports Subdivision Plans Prints $ Fee $ HST $ Total Storm Drainage Report 2 Volumes with Map 61.94 8.06 70.00 Watermains - Book of Street Maps 10.62 1.38 12.00 Sanitary & Storm Sewermains - Book of Streetmaps 10.62 1.38 12.00 Horizontal & Vertical Control Book (free update for 3 years) 44.25 5.75 50.00 Prints /Plots (1 m or less) 4.43 .57 5.00 (per 0.5 m after) .89 .11 1.00 Road Occupancy Permit $ Fee $ HST $ Total Application 50.00 N/A 50.00 Security deposit required upon approval of application Site Alteration Permit $ Fee $ HST $ Total Application 50.00 N/A 50.00 Curb Cut per linear foot (minimum cut fee $65.00) 23.00 N/A 23.00 Sidewalk Repair per sq. foot 8.50 N/A 8.50 Curb Repair per linear foot (minimum repair fee $75.00) 38.00 N/A 38.00 Development - Residential $ Fee $ HST $ Total Single Detached Dwelling & Semi - Detached Dwelling • within Urban Area 3,903.00 N/A 3,903.00 Single Detached Dwelling & Semi - Detached Dwelling • within Non -Urban Area 4,839.00 N/A 4,839.00 Townhouse Dwelling 3,193.00 N/A 3,193.00 Address Change Request 314.29 40.86 355.15 -15- ia,. Iaa�j ca11s Application: 1" Year 2n Year (plus security deposit - 10% estimated value of work up to $250 maximum) Miscellaneous $ Cost of providing CD (if picked up) Cost of providing CD (if mailed) Fee $ HST 5.30 .78 13.27 1.73 N/C 50.00 $ Total 6.00 15.00 16- Nia, a�af *��dts -17- s iagara alts On -Site Inspections $Fee $HST I $Total Home Day Care, Respite Homes 100.00 N/A 100.00 Nursery Schools 120.00 N/A 120.00 Boarding Room & Lodging & Bed & Breakfast 225.00 N/A 225.00 Residential • (1 -4 Units) - First Unit 120.00 N/A 120.00 Each Additional Unit 75.00 N/A 75.00 Multi -Units • Apartments: 1 -4 Units 225.00 N/A 225.00 Over 4 Units, rate per unit 75.00 N/A 75.00 • Hotels /Motels: 1 -10 Units 225.00 N/A 225.00 Over 10 Units, rate per unit 75.00 N/A 75.00 • Commercial & Industrial, < 1,000 sq. m. 120.00 N/A 120.00 • For each additional 1,000 sq. m. 35.00 N/A 35.00 • Nursing Homes 500.00 N/A 500.00 Miscellaneous $ Fee $ HST $ Total General File Search 100.00 13.00 113.00 Reproduce Existing Documents 60.00 7.80 67.80 Security Key Boxes 80.00 10.40 90.40 Fire Route Signs 28.00 3.64 31.64 Production of Fire Safety Plans 225.00 - 550.00 N/A 225.00 - 500.00 Fire Safety Plan Review and Approval - per submission 50.00 N/A 50.00 Letters & Produce Incident Reports to Insurance 70.00 N/A 73.50 LLBO Letters of Compliance 160.00 N/A 168.00 Special Events (Approval Letter) 70.00 N/A 70.00 Fireworks Displays (Approval Letter) 70.00 N/A 70.00 Emergency Procedure Signs 2.25 .29 2.54 Fire Safety Boxes 120.00 15.60 135.60 -17- -18- Pvianaz-,�J�rtIls Miscellaneous Cont'd ... $ Fee $ HST $ Total Fire Safety Lecture (Business - min. of 4 hours) - Per hour 50.00 N/A 50.00 / hr. Fire Safety Lecture (Non - profit) No charge No charge Fire Extinguisher Training • Business - per employee 5.00 - 150.00 N/A 5.00- Non - Profit Group No Charge 150.00 Supervision of Fire Drills • Business - per employee 55.00 N/A • Non - Profit Group No Charge 55.00 Plan Examinations, per $1 of permit value .10 N/A .10 Zoning Amendments, per $1 of application fee .10 N/A 10 Site Plan Review, per $1 of application fee .10 N/A 10 Committee of Adjustments, per $1 of application fee .10 N/A 10 Subdivision Plans, per $1 of application fee .10 N/A .10 Municipal Licencing on Site Inspection 55.00 N/A 55.00 Municipal Licencing Fire Safety Checklist Review 28.00 N/A 28.00 Non- Resident Motor Vehicle Response • per apparatus for first hour or part thereof 350.00 N/A • per piece of equipment for each additional half -hour or part thereof 175.00 N/A 350.00 175.00 Second Response for Open Air Burning • per apparatus for the first hour or part thereof 350.00 N/A • per apparatus of equipment for each additional half hour or part thereof 175.00 N/A 350.00 175.00 Re- inspection Fee for outstanding violations for the second and each subsequent re- inspection 100.00 N/A 100.00 Equipment Malfunctions $ Fee $ HST $ Total First Two Alarms, written warning after 2 " alarm No Charge Third Alarm 300.00 N/A 300.00 Fourth Alarm 400.00 N/A 400.00 Fifth Alarm 800.00 N/A 800.00 Note: Fee continues to double with successive false alarms, with no limit. Requested inspection, outside of regular business hours, on weekends or holidays, is $150.00 per hour, with a minimum fee of $300.00. -18- 1�vr<�r Ice /Floor Rentals I $ Fee 4i H5 z i otai Adult Ice Rental - Resident • Prime Time 183.37 23.84 207.21 • Non -Prime Time 119.47 15.53 135.00 Youth Ice Rental - Resident • Prime Time 118.58 15.42 134.00 • Non -Prime Time 77.94 10.13 88.07 Non- Resident Prime Time Ice Rental 228.87 29.75 258.62 Summer Ice Rental 183.37 23.84 207.21 Floor Rental - Resident • Adult 59.51 7.74 67.25 • Youth 56.68 7.37 64.05 Floor Rental - Non - Resident 71.41 9.28 80.69 Above rates effective May 1, 2010 to Apr. 30, 2011 Cancellation Fee $ Fee $`FIST $ Total • Arenas, playing fields and MacBain Community Centre rentals 20.00 2.60 22.60 MacBain Community Centre Room Rental Fees Room $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total For Profit Rental Fees I Multi- Purpose Room A 25.00 3.25 28.25 125.00 16.25 141.25 Multi- Purpose Room D 60.00 7.80 67.80 300.00 39.00 339.00 Multi- Purpose Room E 60.00 7.80 67.80 300.00 39.00 339.00 Multi- Purpose Room D/E (Together) 120.00 15.60 135.60 600.00 78.00 678.00 Community Board Room 25.00 3.25 28.25 125.00 16.25 141.25 Coronation Programming Room 60.00 7.80 67.80 300.00 39.00 339.00 Not For Profit Rental Fees Multi- Purpose Room A 12.50 1.63 14.13 60.00 7.80 67.80 Multi- Purpose Room D/E (Together) 60.00 7.80 67.80 300.00 39.00 339.00 Multi- Purpose Room D 30.00 3.90 33.90 150.00 19.50 169.50 Multi- Purpose Room E 30.00 3.90 33.90 150.00 19.50 169.50 Coronation 30.00 3.90 33.90 150.00 19.50 169.50 Gale Centre Room Rental Fees Room $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total Memorial Room Not for Profit Community Group 50.00 6.50 56.50 200.00 26.00 226.00 For Profit Commercial Use 100.00 13.00 113.00 400.00 52.00 452.00 Birthday Parties 75.00 9.75 84.75 Boardrooms Not for Profit Community Group N/A N/A For Profit Commercial Use 25.00 3.25 28.25 125.00 16.25 141.25 Note: Per day is for an 8 hr. period. Special provisions for tournaments can be made through contract rental. -19- \i >as;xara) u11ti The Special Event Rental rates are for the basic use and services of the facility only. Additional charges will be added for staff, equipment rental and any other facility requirements that are requested. Organizations serving alcoholic beverages must comply with the City's Alcohol Risk Management Policy. Weekday 2,514.23 326.85 I Public Skating $ $ HST $ Total 3,320.61 Fee. Adult (16 years and over) 3.57 .18 4.03 Child / Student (15 years and under) 2.86 .37 3.23 Family Pass (2 adults, 3 children) 6.67 .87 7.54 Swimming Pools $ Single $ HST $ Total $ Season Pass $`HST $ Total Seniors 1.43 .19 1.62 19.05 2.48 21.53 Adult (16 years and over) 1.90 .25 2.15 28.57 3.71 32.28 Youth (under 16) 1.43 .19 1.62 19.05 2.48 21.53 Family (season pass - up to 2 adults & 3 children) 52.38 6.81 59.19 Baskets .24 .03 .27 1,600.00 208.00 Special Events Electrical services are extra. Rental must use the arena electrical contractor. NOTE: All rates are per day rates. All rentals are from 12:01 am to 11:59 pm. Rates are the same for all facilities. First Aid medical services are extra and a responsibility of the rental. Commercial Groups Arenas $ Fee $ HST $ Total Weekday 2,514.23 326.85 2,841.08 Weekend 2,938.59 382.02 3,320.61 Community Groups (Registered Non- Profit) Arenas $ Fee $ HST $ Total Ice In 2,389.60 310.65 2,700.25 Ice Out 1,261.75 164.03 1,425.78 Additional Services $ Fee $ HST $ Total Installation and removal of portable floor (per ice pad) ** 3,000.00 390.00 3,390.0C Removal and re- installation of side glass ** 2,800.00 364.00 3,164.00 Removal and re- installation of end glass (per end) ** 3,000.00 390.00 3,390.00 Set up and removal of portable floor chairs per chair (does not include cost of chair rental) 1.00 .13 1.12 Ushers /doormen (based on 2 or 3 hr. show, per 3,800 spectators) * ** 1,600.00 208.00 1,808.00 Electrical services are extra. Rental must use the arena electrical contractor. First Aid medical services are extra and a responsibility of the rental. ** Where rentals work consecutively, City will portion installation and removals between different rentals. * ** Assumes staff required to work for maximum of 4 hours for any one show and facility filled to stands and floor capacity. City will negotiate rates proportional to established attendance. -20- Note: Commercial Groups /Community Groups Non - Profit: • Prime Hrs. Are Monday - Friday 5:00 p.m. - 12:00 a.m., Weekends 7:00 a.m. - 12:00 a.m. • Non -Prime Hours are all hours before 5:00 p.m., Monday to Friday. • Statutory Holidays are charged at prime rates. • Summer Ice Rates are applicable from May 1" through Aug. 31. • Exact dates of opening and closing to be determined each year. Niagara] "tills Multi- purpose Artificial Turf Field - $ Fee Resident Minor /Youth Sport Organization 70.00 Non- Resident Minor /Youth Sport Organization 85.00 Resident Adult Not - For - Profit, Sport Organization 100.00 Non - Resident Adult Not - For - Profit, Sport Organization 130.00 Commercial, Private Clubs or For Profit 160.00 Education rate 55.00 Lighting (per four hour booking) 50.00 Lighting (one hour) 15.00 Playing Fields $ Fee Youth per participant, includes practices, games and tournaments 7.00 Senior per participant, includes practices, games and tournaments 7.00 Adult per team (new), includes practices and games (tournaments not included) 100.00 Per Hour Options $ Fee A Category Playing Fields 13.56 Resident youth 5.00 Non- resident youth 12.00 Resident adult 10.00 Non- resident adult 30.00 Commercial 40.00 B Category Playing Fields 20.00 i Resident youth 4.00 Non- resident youth 10.00 Resident adult 8.00 Non - resident adult 20.00 Commercial 30.00 C Category Playing Fields Resident youth no charge Non - resident youth 4.50 Resident adult 5.00 Tournament Day Rate (day = 10 hours /field) $ HST $ Total 9.10 79.10 11.05 96.05 13.00 113.00 16.90 146.90 20.80 180.80 7.15 62.15 6.50 56.50 1.95 16.95 $ HST $ Total .91 7.91 .91 7.91 13.00 113.00 $ HST $ Total .65 5.65 1.56 13.56 1.30 11.30 3.90 33.90 5.20 45.20 .52 4.20 1.30 10.50 1.04 8.40 2.60 22.60 3.90 33.90 .59 5.09 .65 5.65 Resident youth 25.00 3.25 28.25 Non - resident youth 75.00 9.75 84.75 Resident adult 25.00 3.25 28.25 Non- resident adult 120.00 15.60 135.60 Commercial 240.00 31.20 271.20 Lighting $ Rate $ HST $ Total per evening (4 hours) 50.00 6.50 56.50 Two hours 25.00 3.25 28.25 One hour 15.00 1.95 16.95 Coronation 50 Plus Recreation Centre $ Fee $ HST $ Total Membership Fee - Seniors Age 50 and over 20.00 2.60 22.60 Room Rental (per session) 50.00 6.50 56.50 -21- Niw c�ca}irlls Interment Rights Cemetery Care & Maintenance $ Sub -Total $ HST $ Fee $ Trust Fee Adult - Single Lot 642.00 428.00 1,070.00 139.10 Preferred Adult- Single Lot 702.00 468.00 1,170.00 152.10 Adult - Two Lot 1,284.00 856.00 2,140.00 278.20 Preferred Adult - Two Lot 1,404.00 936.00 2,340.00 304.20 Adult - Three Lot 1,926.00 1,284.00 3,210.00 417.30 Adult - Six Lot 3,852.00 2,568.00 6,420.00 834.60 Child /Infant - Single Lot (Fairview) 180.00 120.00 300.00 39.00 Stillborn - Single Lot (Lundy's Lane) 138.00 92.00 230.00 29.90 Cremation Plot - 4 Lots 324.00 216.00 540.00 70.20 Preferred Cremain Plot 384.00 256.00 640.00 83.20 Cemetery Services - Nan - Resident Lot Sales Interment Rights Cemetery Trust $Sub -Total $HST $ Fee $ Fee Adult - Single Lot 963.00 642.00 1,605.00 208.65 Adult - Two Lot 1,926.00 1,284.00 3,210.00 417.30 Adult - Three Lot 2,889.00 1,926.00 4,815.00 625.95 Adult - Six Lot 5,778.00 3,852.00 9,630.00 1.251.90 Child /Infant - Single Lot (Fairview 270.00 180.00 450.00 58.50 Stillborn - Single Lot (Lundy's Lane) 207.00 138.00 345.00 44.85 Cremation Plot - 4 Lots 486.00 324.00 810.00 105.30 Cemetery Services - Resident Burial Fees Interment Services Cemetery Provincial $ Sub -Total $ HST $ Fee $ Fee Adult Casket Burial (Tent is extra fee) 920.00 10.00 930.00 120.90 Child Casket Burial (Tent is extra fee) 380.00 10.00 390.00 50.70 Infant/Stillborn Casket (Tent is extra fee) 240.00 10.00 250.00 32.50 Cremains Urn Burial (Tent is extra fee) 275.00 N/A 275.00 35.75 Cremains Scatter Burial (Fairview) 135.00 N/A 135.00 17.55 Cremains Urn Burial - Double (Admin. fee) 50.00 N/A 50.00 6.50 Interment Cancellation - Casket 300.00 N/A 300.00 39.00 Interment Cancellation - Urn 125.00 N/A 125.00 16.25 One Time Care & Mtnce Fee' - per lot (grave) 100.00 N/A 100.00 13.00 Cemetery Services - Non- Resident Burial Fees Interment Services Cemetery Provincial $Sub -Total $HST $ Fee $ Fee Adult Casket Burial (Tent is extra fee) 1,385.00 10.00 1,395.00 181.35 Child Casket Burial (Tent is extra fee) 575.00 10.00 585.00 76.05 Infant/Stillborn Casket (Tent is extra fee) 365.00 10.00 375.00 48.75 Cremains Urn Burial 415.00 N/A 415.00 53.95 Cremains Scatter Burial (Fairview) 202.00 N/A 202.00 26.26 Cremains Urn Burial - Double (Admin. fee) 50.00 N/A 50.00 6.50 Interment Cancellation - Casket 450.00 N/A 450.00 58.50 Interment Cancellation - Urn 187.00 N/A 187.00 24.31 $ Total Fee 1,209.10 1,322.10 2,418.20 2,644.20 3,627.30 7,254.60 339.00 259.90 610.20 723.20 $ Total Fee 1,813.65 3,627.30 5,440.95 10,881.90 508.50 389.85 915.30 $ Total 1,050.90 440.70 282.50 310.75 152.55 56.50 339.00 141.25 113.00 $ Total 1,576.35 661.05 423.75 468.95 228.26 56.50 508.50 211.31 WIN n'iagar.rJalts Cemetery Services PLEASE NOTE: 900.00 Adult/Child - Dis- interment and Re- interment 1,630.00 • All Committal Service scheduling is at the approval of the Cemetery Section based on location, weather, staff availability and the number of services requested by Funeral Directors per day. 150.00 Cremains - Dis- interment and Re- interment 350.00 • Monday to Friday Interment Services (except on statutory or City holidays) may be scheduled between 10:00 a.m. and 3:15 p.m. only. • Saturday Services may be scheduled between 10:00 a.m. and 2:00 p.m. only. • Sunday and Statutory Holiday Interment Services may be scheduled between 11:00 a.m. and 2:00 p.m. ". • A "Scheduled" Funeral late arrival and other interment surcharges will apply as indicated in the Cemetery Fee Schedule - "interment Surcharges • Funeral late arrivals (arriving after the scheduled time) will be subject to an additional "Funeral Crew Standby" fee. • Funeral Directors are responsible for advising families, in advance, of potential funeral late charges and applicable surcharges. • One Time Care & Maintenance Fee is charged for an interment (Full Body or Cremation) that takes place in a lot (grave) that was purchased prior to 1955. Administration Services $ Cemetery $ HST $ Total Interment Rights • Transfer 50.00 6.50 56.50 • Exchange 50.00 6.50 56.50 • Replacement/Duplicate 25.00 3.25 28.25 • Double Cremain /Companion Urn 50.00 6.50 56.50 Cemetery Records Search - per hour 25.00 3.25 28.25 Memorial Program $ Cemetery $ HST $ Total Memorial Tree 300.00 39.00 339.00 Memorial Bench with 3" x 6" plate installed on back of bench 1,250.00 162.50 1,412.50 Memorial Bench with bronze plaque (8" x 10 ") and stand 1,600.00 208.00 1,808.00 Memorial Marker - Maple Grove Memory Lane (includes inscription) 350.00 45.50 395.50 Foundation / Marker Installation Services $ Cemetery , $ HST $ Total Concrete Foundation Per Cubic Foot. - Supply and Install 19.00 2.47 21.47 Foundation Installation (Minimum Charge) 223.00 28.99 251.99 Pre -Pour Foundation (Section Q & P Double Plots) 310.27 40.34 350.61 Foundation Removal 150.00 19.50 169.50 Veteran Upright Marker Setting 80.00 10.40 90.40 Small Flat Marker Setting - under 172 sq. in. 50.00 6.50 56.50 Large Flat Marker Setting - over 172 sq. in. 80.00 10.40 90.40 Corner Markers Setting - Per Set of 4 45.00 5.85 50.85 Marker Care & Maintenance', $ Provincial $ HST'' $ Total Flat Marker - Over 172 sq. in. 50.00 6.50 56.50 Upright Marker including base up to 4 ft. high /long 100.00 13.00 113.00 Upright Marker including base over 4 ft. high /long 200.00 26.00 226.00 Dis- Interment Services $ Cemetery Adult/Child - Dis- interment only' 900.00 Adult/Child - Dis- interment and Re- interment 1,630.00 Infant/Stillborn - Dis- interment only' 300.00 Infant/Stillborn - Dis - interment and Re- interment 500.00 Cremains - Dis- interment only" 150.00 Cremains - Dis- interment and Re- interment 350.00 " Remains are removed from Municipal Cemetery 395.50 $ HST $ Total 117.00 1,017.00 211.90 1,841.90 39.00 339.00 65.00 565.00 19.50 169.50 45.50 395.50 -23- Nia S Cemetery Services Interment Surcharge $ Cemetery $ HST $ Total Weekday Funeral Late Arrival Scheduled 100.00 13.00 113.00 • After 3.15 pm Funeral Crew Standby - Funeral procession arrives after scheduled time • Weekdays (per 1/4 hour) 30.00 3.90 33.90 • Saturday/Sunday/Holidays (per 1/4 hour) 40.00 5.20 45.20 Casket Burial • Saturday - arrival before 2:00 pm 370.00 48.10 418.10 • Sunday and Holiday - arrival before 2:00 pm 525.00 68.25 593.25 Cremains Burial • Saturday - arrival before 2:00 pm 190.00 24.70 214.70 • Saturday Scattering - arrival before 2:00 pm 90.00 11.70 101.70 • Sunday/Holiday - arrival before 2:00 pm 280.00 36.40 316.40 Interment Right $ Cemetery $ HST $ Total Tent Rental • Adult/Child/Stillborn/Cremains Burial 200.00 26.00 226.00 Less Than 8 Working Hours • Casket Burial Order 1 75.00 22.75 197.75 • Cremains Burial Order 90.00 11.70 101.70 Lower and Seal Concrete Vault/Liner Lid 40.00 5.20 45.20 Lower Concrete Vault/Liner Box 70.00 9.10 79.10 -24- �4.®n.arra j ir11 Cemetery Services - Inurnment Rights Resident Maple Grove - Trillium Court Columbarium Niche Level $ Cemetery Fee $ Care & Maintenance $ Total Fee $ HST $ Total (80 %) (20 %) A & F (Double Niche) 800.00 200.00 1,000.00 130.00 1,130.00 B & E (Double Niche) 880.00 220.00 1,100.00 143.00 1,243.00 C & D (Double Niche) 1,000.00 250.00 1,250.00 162.50 1,412.50 Cemetery Services - Inurnment Rights - Non - Resident A & F (Double Niche) 1,200.00 300.00 1,500.00 195.00 1,695.00 B & E(Double Niche) 1,320.00 330.00 1,650.00 214.50 1,864.50 C & D (Double Niche 1,500.00 375.00 1,875.00 243.75 2,118.75 Product $ Fee $'HST $ Total Bronze Wreath - includes inscription & installation 550.00 71.50 621.50 Cemetery Services - Inurnment Rights - Resident Maple Grove - Primrose & Perriwinkle Lanes Columbarium Niche Level $ Cemetery Fee $ Care & Maintenance $ Total Fee $ HST $ Total (80 %) (20 %) A & F (Double Niche) 600.00 150.00 750.00 97.50 847.50 B & E (Double Niche) 680.00 170.00 850.00 110.50 960.50 C & D (Double Niche) 760.00 190.00 950.00 123.50 1,073.50 Cemetery Services - Inurnment Rights - Non - Resident A & F(Double Niche) 900.00 225.00 1,125.00 146.25 1,271.25 B & E (Double Niche) 1,020.00 255.00 1,275.00 165.75 1,440.75 C & D (Double Niche) 1,140.00 285.00 1,425.00 185.25 1,610.25 Fairview - Maple Grove Opening & Closing Service $ Cemetery Fee $ HST $ Total RESIDENT - Single Inurnment 200.00 26.00 226.00 NON - RESIDENT - Single Inurnment 300.00 39.00 339.00 Double Cremain Inurnment * 50.00 6.50 56.50 Administration Fee for the second inurnment if taking place the same time as the first and in the same Niche -25- Cemetery Services - Inurnment Rights - Resident Stamford Green Heritage Columbarium Niche Level $ Cemetery Fee $ Care & Maintenance $Total $ HST $ Total (80 %) (20 %) Fee A (Single Niche) 375.00 100.00 475.00 61.75 536.75 A (Double Niche) 760.00 190.00 950.00 123.50 1,073.50 B (Single Niche) 480.00 120.00 600.00 78.00 678.00 B(Double Niche) 880.00 220.00 1,100.00 143.00 1,243.00 F (Single Niche) 480.00 120.00 600.00 78.00 678.00 F (Double Niche) 880.00 220.00 1,100.00 143.00 1,273.00 G (Single Niche) 375.00 100.00 475.00 61.75 536.75 G (Double Niche) 760.00 190.00 950.00 123.50 1,073.50 Cemetery Services - Inurnment Rights - Non - Resident A (Single Niche) 560.00 150.00 710.00 92.30 802.30 A (Double Niche) 1,140.00 285.00 1,425.00 185.25 1,610.25 B (Single Niche) 720.00 180.00 900.00 117.00 1,017.00 B(Double Niche) 1,320.00 330.00 1,650.00 214.50 1,864.50 F (Single Niche) 720.00 180.00 900.00 147.00 1,017.00 F (Double Niche) 1,320.00 330.00 1,650.00 214.50 1,864.50 G (Single Niche) 560.00 150.00 710.00 92.30 802.30 G (Double Niche) 1,140.00 285.00 1,425.00 185.25 1,610.25 Opening '& Closing Services Cemetery Fee $ HST $ Total RESIDENT - Single Inurnment 200.00 26.00 226.00 NON - RESIDENT - Single Inurnment 300.00 39.00 339.00 Double Cremain Inurnment/Companion Urn" 50.00 6.50 56.50 'administrative fee for the 2 " inurnment if taking place the same time as the first and in the same Niche Product $ Fee $ HST $ Total ' Glass - Single Niche 35.00 4.55 39.55 Glass - Double Niche 60.00 7.80 67.80 Bronze - Single Niche 440.00 57.20 497.20 Bronze - Double Niche 560.00 72.80 632.80 -26- Nia.s� Parking Permits $ Fee $ HST Commercial Vehicle Loading Permit - Annually • First such motor vehicle 50.00 6.50 • Second such motor vehicle - under same registered owner as the first permit 10.00 1.30 • Each additional such motor vehicle under the same registered owner as the 1" and 2 " permits. 5.00 .65 Oversize /Overweight Load Permit - Single Trip 25.00 3.25 Annually 150.00 19.50 On- street Overnight Parking Permit - Annually 50.00 6.50 Newspaper Box Permit - Annually 10.00 N/A On- Street & Off Street Parking Fees (per hour) .44/.66/ .06/.10 1.33/7.08 .17/.92 Parking Meter Bagging (per meter per day) - minimum` 10.00 1.30 'Actual lost revenue cost applies if bagged longer than 3 days. Residential On- Street Permit/Replacement Cost 10.00 1.30 Parking Lots " - Municipal Parking $ Fee `' $''HST Lot 1 - per month 25.00 3.25 Lot 2A ($0.65 per hour) - per month 30.00 3.90 Lot 3 ($0.65 per hour) - per month 30.00 3.90 Lot 5 - per hour 1.33 .17 Lot 7 - per month 30.00 3.90 Lot 8 - per month 30.00 3.90 Lot 9 ($0.65 per hour) - per month 25.00 3.25 Lot 10A ($0.65 per hour) - per month 30.00 3.90 Lot 11 - per hour 44 .06 Lot 15 ($1.50 per hour) - per month 45.00 5.85 Lot 18 ($1.50 per hour) - $8.00 for 8 hours 7.08 .92 Lot 19 ($0.75 per hour) - per month 30.00 3.90 Lot 20 ($1.50 per hour) - $10.00 for 8 hours 8.85 1.15 Parking Lot Permit Replacement Cost • 1 -15 days Full Cost of Lot • 16 -31 days Half Cost of Lot 56.50 11.30 5.65 28.25 169.50 56.50 10.00 .50/.75/ 1.50/8.00 11.30 11.30 $ Total 28.25 33.90 33.90 1.50 33.90 33.90 28.25 33.90 .50 50.85 8.00 33.90 10.00 -27- Parking Violations $ Fee $ HST $ Total I Parked Overtime - Meter Zones 20.00 N/A 20.00 Parked Facing Wrong Way 25.00 N/A 25.00 Over 30 cm From Edge of Roadway 25.00 N/A 25.00 Parked on a Boulevard 25.00 N/A 25.00 Obstructing a Sidewalk 50.00 N/A 50.00 Parked in a Taxi Stand 40.00 N/A 40.00 Obstructing Lane or Driveway 25.00 N/A 25.00 Parking within 20" of a Crosswalk 50.00 N/A 50.00 Parking between 2:00 am - 6:00 am 25.00 N/A 25.00 Parking in a Bus Stop 50.00 N/A 50.00 Stopping in No Stopping Zone 50.00 N/A 50.00 Parking Hwy Vehicle Overnight 80.00 N/A 80.00 Obstruction Fire Lane 95.00 N/A 95.00 Handicapped Parking Only 300.00 N/A 300.00 Parking Control Photos .50 N/A .50 Parking Infraction Record Information 5.00 N/A 5.00 NSF Fees 35.00 N/A 35.00 Court Conviction Costs 16.00 N/A 16.00 Traffic Information $ Fee $ HST $ Total 8 Hour Intersection Traffic Count - per location 100.00 13.00 113.00 24 Hour Automatic Traffic Recorder (ATR) - per location 30.00 3.90 33.90 Spot Speed Study - Radar Gun - per location 50.00 6.50 56.50 24 Hour Speed Study (ATR) - per location 100.00 13.00 113.00 Motor Vehicle Collision Summary Report - per location 50.00 6.50 56.50 Intersection Capacity Analysis - per location 100.00 13.00 113.00 Traffic Signal Timing Plan Summary - per location 50.00 6.50 56.50 Disabled Parking Sign 13.45 1.75 15.20 Disabled Parking Tab ($300 Fine) 7.16 .93 8.09 6 foot Telespar Post 7.96 1.04 9.00 _28_ Nia araf uilti Niagara Transit Fare Structure - Effective January 2010 $,Fee $ HST '' $ Total Cash Fares Adult 2.35 N/A 2.35 VIP (Senior) 2.10 N/A 2.10 Student 2.10 N/A 2.10 6 to 12 yrs. 1.10 N/A 1.10 5 and under Free N/A 65.00 Tickets (sheet of 10) Adult 22.00 N/A 22.00 VIP (Senior) 19.50 N/A 19.50 Student 19.50 N/A 19.50 Monthly Passes Adult 65.00 N/A 65.00 VIP (Senior) 50.00 N/A 50.00 Student 50.00 N/A 50.00 Brock/Niagara College One Way 3.75 N/A 3.75 Semester 280.00 N/A 280.00 High School Semester Student 180.00 N/A 180.00 Falls Shuttle All Day 6.00 N/A 6.00 One -way adult 3.50 N/A 3.50 One -way child 1.00 N/A 1.00 Bus Charter Bus Charter - per hour 90.00 11.70 101.70 minimum charter time - 2 hours _29_ Diesel Fuel #1 Clear Diesel Fuel - 4 Diesel Fuel - 337 Outside Wash Outside Wash, Mop, Sweep, Fluids - 337 Rear Bus Degrease Washroom Service Washroom Service includes interior Sweep Inside Mop Inside Detailing - includes sweep /mop /wash Detailing - includes sweep /mop /wash /vac. - 337 Park Outside - 4 Long Term Park Outside - Regular - 337 Windshield Degrease & Scrub Labour - Straight Time Labour - Overtime Labour - 221 - Straight Time Labour - 221 - Overtime Labour - Computer Diagnostics Road Service - Hourly Rate Road Service Mileage - Charge /km Road Service Bridge and Misc. Tolls (priced as required) Towing Charges (priced as required) AC Labour - Straight Time AC Labour - Overtime Battery Charge Parking Rebate - with any service (for 6 hr. tkt.) Niagara Transit - Garage Maintenance .920 .910 .858 27.00 35.00 7.25 27.00 37.50 15.00 15.00 110.00 175.00 7.00 15.00 7.25 90.00 100.00 48.80 52.00 85.00 125.00 .95 1.00 1.00 95.00 105.00 21.00 -5.00 -30- .12 .12 .11 3.51 4.55 .94 3.51 4.88 1.95 1.95 14.30 22.75 .91 1.95 .94 11.70 13.00 6.34 6.76 11.05 16.25 .12 .13 .13 12.35 13.65 2.73 -.65 0 $ Total 1.04 1.03 .97 30.51 39.55 8.19 30.51 42.38 16.95 16.95 124.300 197.75 7.91 16.95 8.19 101.70 113.00 55.14 58.76 96.05 141.25 1.07 1.13 1.13 107.35 118.65 23.73 -5.65 -31- Njia.gara s`,. 'a A,Y I7 A 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 (905) 356 -7521 www.niagarafalls.ca Niagarafalls REPORT TO: Councillor Carolynn loannoni, Chair Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2010 -04 Chickens, Rabbits and Bird Feeders RECOMMENDATION CD- 2010 -04 May 31, 2010 That Council maintain the limits, regarding the number of chickens and rabbits permitted within the urban boundary, under the Animal Control By -law; and That Council not direct staff to draft an Anti -Bird Feeder By -law. EXECUTIVE SUMMARY The City's Animal Control By -law (2002 -129, as amended) has proven effective in controlling the number of various types of animals in the municipality. Any complaints regarding chickens have been effectively dealt with through other enforcement measures (setbacks through Zoning, litter by -law, property standards by -law, Health Department follow -up etc.). Also, urban farming appears to be an emerging trend in communities. By -laws limiting the number of bird feeders are few but have been limited to jurisdictions with wildlife concerns. There does not appear to be a need for such a by -law in an urban environment. BACKGROUND Based on correspondence from concerned individuals, Council asked staff to review the Animal Control By -law restricting chickens and rabbits from the urban boundary and, on another occasion, to investigate an Anti -Bird Feeder By -law. Schedule "C" of the City's Animal Control By -law permits, within the urban boundary, a maximum of ten (10) chickens on the premises. Schedule "D" allows six(6) rabbits. The schedules also have provisions on permitted property size, setbacks, hygiene and a prohibition on roosters. The provision of chickens and rabbits in the urban boundary was arrived at after a thorough public consultation in association with the Animal Control by -law. As noted in a Toronto Star article on chickens in urban areas, it is not uncommon for immigrant populations to have chickens. This desire to allow chickens and rabbits was expressed during the public consultation process. May 31, 2010 -2- CD- 2010 -04 ANALYSIS /RATIONALE Chickens and Rabbits The fact that the City of Niagara Falls allows for chickens within the urban boundary is a surprise to many and was the impetus for a resident to send in a correspondence. One has to rememberthat urban development has been moving outward, especially toward the western and southern reaches of the City. The decision to allow chickens within the urban boundary was not arrived at lightly. Extensive public consultation took place in 2001 -2002 and it was discovered that there were cultural and lifestyle reasons that people kept chickens. With the referral by Council, staff reviewed the number of chicken and rabbit complaints. Municipal staff has only received two rabbit complaints since the passing of the by -law. The municipality receives on average, three (3) complaints on chickens, mostly pertaining to noise and odour and not necessarily numbers. Complaints related roosters have lead to the removal of these animals. Coop complaints have been dealt with through building code provisions regarding structure and by enforcing the setbacks outlined in the by -law. Any issues on odour are referred to the Regional Health Department, which has jurisdiction on those matters. An attached, recent article from the St. Catharines Standard has a comment from Regional Health staff. To the original complaint, there have been no examples of anyone with chickens seeking a rezoning from residential to agricultural zoning for tax benefits. The municipalities of Waterloo and West Lincoln have referred to the City's by -law in their own animal control deliberations. The attached newspaper articles point out that there is a growing trend of "urban farming ", which also supports the philosophy of growing yourown food. If Council was to consider amending the animal control by -law to restrict chickens to outside the urban boundary, consideration would have to be given to what to do about current premises that lawfully have chickens. Would they be allowed to keep their chickens until they are disposed of? Consideration could be given to "grandfathering" in existing residences with chickens or allow a grace period for compliance. It would be staff's recommendation not to amend the by -law. It has had the desired effect, eliminating roosters, requiring setbacks for coops and stipulating hygienic practices. By- law enforcement staff has concurred that any complaints under the Schedule of the By -law have been resolved and there is no need to completely prohibit chickens or rabbits Bird Feeders Staff researched and found two examples of municipal by -laws dealing with bird feeders. The Town of Ajax limits properties to three (3) bird feeders. Staff is not sure why that limit was set. The Town of Canmore, Alberta does have an anti -bird feeder by -law; however, it was enacted to deal roaming bears in the summer months. In our urban environment, this would not be a concern. May 31, 2010 -3- CD- 2010 -04 When enacting a municipal by -law, Council should always be mindful of what problems are to be addressed by the by -law and does the Council need the by -law (cf. A User's Guide to Municipal By -laws by M. Virginia MacLean and Thomas A. Richardson). Also, as Council has been advised in the past, a by -law should not be enacted to, arguably, target one property owner. In this instance, the request for such a by -law is isolated (i.e., a request by one individual and not a public groundswell). It is doubtful whether limiting the numbers of bird feeders, like Ajax, will make any difference. There is also a value in having bird feeders, as evidenced by a letter from the Niagara Falls Nature Club. By -law staff has investigated the specific concerns and has found the property with the bird feeders to be well maintained (see attached photo). FINANCIAL /STAFFING /LEGAL IMPLICATIONS The Animal Control By -law was enacted after extensive public consultation. Complaints regarding chickens and rabbits have been minimal. By -law staff does not feel a prohibition is necessary and, other provision, such as setbacks and enclosures have allowed individuals to have these animals without detrimentally affecting neighbours. Enacting a by -law to target one individual can result in a by -law being challenged and struck down. There also appears to be no need for a by -law limiting bird feeders in our urban community where bears are not an issue. LIST OF ATTACHMENTS ► Schedules C and D of the Animal Control By -law ► Correspondences and related minutes re: chickens ► Newspaper articles re: chickens ► Correspondences and related minutes re: bird feeders ► Correspondence from the Niagara Falls Nature Club and related information ► Picture of bird feeders Recommended by: De n lorfida, C' Clerk Respectfully submitted: Ke Todd, Chief Administrative Officer H Dear Mayor Ted Salci and Council Members I would like to present to council a resolution to amend or eliminate the existing live -stock (chickens /rabbits /pigeons /farm animals) By -Law from residentially zoned properties. I am a resident at 5435 Morning Glory Crt in Niagara Falls. I am distressed by a neighbouring property with chickens. My matter is regarding the existing by -law enforcement for the purposes of having chickens /farm animals on a residential lot. I am concerned regarding the following items that are not addressed and would like to understand how the City plans to monitor /oversee /inspects and respond to the FOLLOWING CONCERNS: • The proper disposal of chicken /rabbit waste and how it is monitored (health risk to children and the elderly) • The proper storage of chicken /rabbit feed and its impact on adjacent residential properties (rat and mice infestation) • The proper construction and permit requirement for a structure does it accommodate the appropriate number of chickens (permit required for shed but not for Chicken structure) • The health risks in a chicken habitat do they require monitoring for disease control in both transmitting and catching /airborne diseases (in particular regarding avian virus concerns of late) • Potential for rezoning of existing property from residential to small farm to allow for tax relief since the chicken habitat certainly will have an impact on resale value therefore a reassessment of adjacent properties would be warranted. I would appreciate that this item be delivered to the next scheduled council meeting for discussion and revision to the by -law Yours Truly Anna Etezadi (905- 374 -8299) -6- October 6, 2008 Council Minutes Mayor Salci advised of a recent event: Bridges to Better Business hosted by the City's Small Business Office that was held downtown. Mayor Salci advised of some upcoming events: The Summer Trillium Awards presentation will be held October 7` at the Best Western Cairn Croft Hotel at 6:30 p.m., Wednesday 8` will mark the Estee Lauder Pink Celebration for Breast Cancer Awareness event, the Annual Man -a Mile Relay Race will be taking place on Monday, October 13 11 , departing from McFarland Park; and this week is Fire Prevention Week there will be displays October 7` ", 6 -9 and October 9' from 6 -8:30. Finally, Mayor Salci informed the public that October 20'", there will not be a regular scheduled Council Meeting. City Council will be participating in a Downtown Workshop organized by the Downtown BIA with assistance from the Canadian Urban Institute. ORDERED on the motion of Councillor Thomson, seconded by Councillor Wing that Council endorse the presentation /comments made by Councillor loannoni and that it be forwarded on to Dr. Kitts. Carried Unanimously COMMUNICATIONS AND COMMENTS OF THE CITY CLERK CUPE -SCFP - Request that Wednesday, October 22, 2008 be proclaimed as "Child Care Worker & Early Childhood Educator Appreciation" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Kerrio, seconded by Councillor Maves that the communication be approved. Carried Unanimously 2. Niagara Falls Public Library- Request that the week of October 19 - 25, 2008 be proclaimed as " Ontario Public library Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council ORDERED on the motion of Councillor Fisher, seconded by Councillor Pietrangelo that the communication be approved. Carried Unanimously Arts & Culture Committee - Requesting the City of Niagara Falls take a formal stand against Federal cuts to Arts & Culture programs. RECOMMENDATION: For the Consideration of Council ORDERED on the motion of Councillor loannoni, seconded by Councillor Fisherthat the communication be approved. Motion Defeated with Councillors Wing, Maves, Thomson, Kerrio and Mayor Salci opposed. Anna Etezadi -Requesting changes to the City's Animal Control bylaw regarding chickens. RECOMMENDATION: Receive and File Anna Etezadi 5435 Morning Glory Court expressed concerns over the City's Animal Control By -law that allows chickens in residential zones. 7- October 6, 2008 Council Minutes ORDERING on the motion of Councillor Thomson, seconded by Councillor Kerrio that the staff look into amending the Animal Control By -law with such measures as restricting chickens /rabbits in urban boundary, prohibiting chickens /rabbits in new subdivisions and/or grandfathering existing residences with chickens /rabbits until they cease to have such animals. Motion Carried with Councillor Wing opposed REPORTS PROPERTY MATTERS L- 2008 -33 - Chief Administrative Officer - Permanently Close and Declare Surplus Laneway between Broughton & Hickson Avenues. File No. 2008 -228 It is recommended that a portion of a laneway located between Ferguson Street and Buttrey Street to the north and south and Hickson Avenue and Broughton Avenue to the east and west ( "subject land "), and shown hatched on Attachment 1". Be permanently closed and declared surplus. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Maves that the report be approved as recommended. Carried Unanimously RATIFICATION OF HUMAN RESOURCES COMMITTEE MATTERS ORDERED on the motion of Councillor Fisher, seconded by Councillor Kerrio that the actions taken at the Human Resources Committee Meeting on October 6, 2008 be approved. That based on the results of a request for proposal for a search firm helping fill the vacancy of the Chief Administrative Officer and that the following 3 firms be selected for an interview. Feldman Daxon Partners Inc., Organization Consulting Limited and Ray & Berndtson; and 2. That as per the job descriptions in place, the Executive Directors be appointed to act on a monthly basis upon departure of the current C.A.O. and that the current CAO determine the rotation of the Executive Directors. Motion Carried with Councillor Thomson opposed to # 2 RATIFICATION OF "IN CAMERA" RECOMMENDATIONS ORDERED on the motion of Councillor Kerrio, seconded by Councillor loannoni that the actions taken in the " In Camera " meeting on October 6, 2008 be approved. Print Article �> thestar.com Back to Poultry in motion: Chickens adopting urban lifestyle Poultry in motion: Chickens adopting urban lifestyle May 04, 2008 Leslie Scrivener It's an idyllic scene in a sunny backyard in North Toronto. The forsythia is bright as springtime, and Sally, Heidi and Clucky wander by contentedly. They are plump, vigorous, egg - laying hens that, despite their beauty and utility, are illegal in Toronto. Nonetheless, their owner has kept them quietly in her backyard coop through the winter and now lets them range freely in the yard, which is shallow but 15 metres wide. "it makes total sense to me, rather than getting in the car, driving to the grocery store and buying eggs trucked in from a far away farm, to go to the back yard and get eggs," says "Alice," who asked that her real name not be used. A middle -aged mother of two teenagers who works at home in the food business, she had identified herself on the telephone as a "renegade" chicken owner. "Besides, I know they are healthy and what they've eaten." Toronto bylaws forbid keeping poultry, for health reasons. On the other hand pigeons raised for sport are allowed, provided they rest, roost or perch only on their owner's property. Pagel of 3 Oddly, by raising a few chickens in the city, Alice is in step with a do- it- yourself food movement that is thriving in cities like New York, Portland, Chicago and Seattle. It's legal to keep chickens in those cities and dozens more in the United States. INCREASINGLY, urbanites concerned about about food miles and safety are pushing their local governments to be more flexible about backyard livestock. Websites, including backyard chickens. com and TheCityChicken.com, offer direction and inspiration to city farmers. When Elaine Belanger launched the first issue of her magazine Backyard Poultry in 2006, she had 15,000 copies printed, which proved to be not nearly enough. "People kept asking for them," she says from Eau Claire, Wis. "Now we have 50,000 paid subscribers. It's truly beyond what we were expecting." She believes the interest has been spurred by post -9/11 fears, recent scares about E. coli in meat, and distrust of additives in food. "People want a little bit of control." Closer to home, Waterloo city council recently agreed to study a proposal from Matthew Bailey -Dick and a new organization he had formed, the Waterloo Hen Association. "We didn't want to quietly do our own thing on our property," says Bailey -Dick, a Mennonite peace educator and father of three young children who doesn't yet raise chickens. "This is a community issue and an opportunity to realize they can contribute to practical food security. "There are broader issues ... food prices going up, global warming and environmental sustainability, which one family cannot solve." Here in Toronto, it's not known just how many residents keep chickens in their backyards. One recent afternoon, Alice's birds cluck pleasantly as they peck and hunt in the grass. "They're in chicken heaven, since the weather's been nice and we've been letting them out of their coop," she says. Their coop, a U.S. product called an "Eglu," is made from stylish moulded plastic, includes a wire run, and sells for about $500. Alice has launched an online forum at torontochickens.com, which includes a petition asking Toronto to update its bylaw to allow residents to responsibly raise chickens in the city. She contends there are worse sources of city noise than a few chickens. During an interview with the Toronto Star, she noted a plane flying overhead and a roaring leaf blower across the street. She's an environmentalist interested in living sustainably. http : / /www.thestar.com /printarticle /421205 5/17/2010 Lucky Clucky feasts directly from the bowl of plenty while behind her Sally and Heidi forage on the backyard lawn. The chickens are illegal In Toronto, a situation their owner is hoping to change. Print Article Page 2 of 3 "Properties are mainly used to grow grass," she says, "and we use our drinking water to water grass, and pesticides to get rid of bugs and weeds, and chemicals to fertilize the grass, and then we collect leaves and put them in bags when they could be used for mulch and as a good source of carbon for the compost." Alice also subscribes to the "locavore" movement, which includes growing your own food or buying only food raised locally. She grows garlic, alpine strawberries, sorrel and other herbs in her front garden. She worries about contaminants in food and about factory-farm production and the resulting runoff from manure. She uses her chicken manure as a resource, a source of nitrogen in the garden. Matthew Bailey -Dick of Waterloo and his wife, Nina, would like to raise a few chickens on their 18- by 49 -metre property in Waterloo. They already have a large garden and preserve or freeze a lot of their harvest. WATERLOO DOESN'T have a bylaw regulating chickens, and after Bailey- Dick's presentation April 21, council agreed to review and update its animal control bylaw. In recent months, two families in Halifax have had to give up their chickens because of complaints from neighbours — one over a noisy rooster and the other claiming chickens were attracting rats. Those chicken owners are calling for bylaw amendments. Meanwhile, in Chicago, there's been an uproar since councillors tried to amend a bylaw in order to ban chickens last December. In the interests of keeping the peace, they've decided to review the regulations. Christie Young, director of Guelph -based FarmStart, an organization that supports new farmers, is confident that small -scale poultry production can work in the city. Bylaws can limit the number of birds and the minimum distance from a neighour's property, she says. Owners would be responsible for chicken waste, just as citizens are for waste from their pets, and required to build coops strong enough to keep chickens in and predators out. (In Niagara Falls, for example, rules for keeping chickens include minimum property size of 30 by 12 metres, no more than 10 chickens per yard and no roosters.) York University graduate student Carolyn Young, who has written a research paper on raising chickens in the city, says giving it the green light in Toronto could be "a very smooth process ... "it works in (other cities) in North America and it works in other countries." Still, she noted, there is the problem of attitude. "There continues to be a mindset that chickens are dirty, a nuisance and disorderly when kept in the city." Keeping backyard chickens was more common in Toronto a generation ago, especially among immigrant families from Portugal and Italy. But concerns about public health and the possibility of disease being spread by chickens led to a change in the bylaw in 1983, recalls deputy mayor Joe Pantalone. "It was a big debate, and I was on the losing side. I was of the view that allowing the farm to be part of the city is part of the holistic solution ... "Rabbits were spared because somebody brought in a cuddly little thing to the committee meeting. Pigeons were a bit tricky. If they were kept for food, they were banned, but they were allowed for sport." Pantalone, councillor in Ward 19, says the time is right to take another look at the bylaw. "But it doesn't make sense to keep chickens on the balcony of your condominium. However, there's something to be said if you have a big back yard abutting a ravine where you keep a limited number of animals in clean condition." Chickens are banned in Toronto because they are considered farm animals. "Because of the urbanized environment and the density of houses, farm animals are not appropriate and not allowed," says Fiona Venedam, supervisor of Toronto animal services, north. However, there are a few places in the city, including parts of Scarborough near the zoo, that are zoned agricultural and where chickens are permitted. Each year, there are only a few complaints about chickens being kept in the city. Violators face a $240 fine. Recently in a west downtown ward, however, there have been complaints about people barbecuing pigeons. "If only they were looking for people who are raising pigeons, I would turn my neighbour over without hesitation," one west -end resident wrote in response to a Star inquiry. Rhonda Teitel- Payne, urban agriculture manager for The Stop Community Food Centre, says there's a perception problem about raising food in a place like Toronto — "the city is 100- per -cent toxic and the country is 100 - per -cent clean." That view is changing as people turn their minds to roof -top gardening, boards of education reopen greenhouses in local schools, and residents try to secure plots in community gardens which, she says, is difficult. "It's very hard to do, we are inundated with requests." Free -range eggs are the first things to sell out at farmers' markets, she adds. http : / /www.thestar.com /printarticle /421205 5/17/2010 Print Article Page 3 of 3 "The demand is there, and people are getting to the point where they say, 'I'm going to try and do something myself.' " Back in North Toronto, Alice's three birds cluck soothingly in the backyard. Each bird lays an egg a day — actually, one every 26 hours. Today's offerings, in muted shades of brown, are sitting prettily in a small straw basket sitting on the patio table. http : / /www.thestar.com /printarticle /421205 5/17/2010 St. Catharines Standard Th e, 17 oueen Street, St <.a05 b811.7151 Clucking for change to urban rules Pagel of 2 Back chicken - raising AGRICULTURE: St. Catharines resident lobbying for backyard chickens Updated 3 hours ago Urbanite Ian Watson has always dreamed of owning a hobby farm. Now, the St. Catharines man wants to bring the farm to him. The 44- year -old brewmaster started a Facebook fan page calling on the City of St. Catharines to change its bylaw that regulates the keeping of animals and prohibits raising chickens in areas not zoned for livestock. Currently, city rules ban backyard birds, but allow chickens to be kept inside residences in urban areas. Watson, an avid gardener and local food supporter, has started clucking for change. After all, neighbouring Niagara Falls allows backyard chicken coops, as do at least four other Canadian communities. Why not St. Catharines? Watson asked. He said he doesn't understand why he can't raise chickens for their eggs while some of his neighbours keep pigeons or have loud, barking dogs in their yards. "I think it's kind of funny that you can't have a chicken that just does the odd little cluck," said Watson, a beermaker with Niagara's Best Brewery and Pub in Niagara Falls. "We aren't asking for roosters or anything." Bjorn Christensen, director of environmental health for Niagara's public health unit, said chickens are better suited to rural properties. Over the years, the public health department has received a few complaints from Niagara Falls residents about foul smelling fowl in city neighbourhoods. That city allows residents to keep up to 10 chickens in backyards. "Rearing of chickens is something that, if there's very small numbers and it's done under very ideal conditions, it's not going to pose a health hazard," Christensen said. "Certainly, they're an animal best suited for more of a rural area. If chicken coops aren't maintained, it can lead to things such as a rodent infestation. There could be odour problems." Watson said he's done his research and believes as long as coops are regularly cleaned and there's only a few chickens, there's shouldn't be an odour problem. Watson and his wife, Conni, only want two or three birds to raise for fresh eggs. Occasionally, Watson gets a few farm -fresh eggs from a Niagara Falls farmer who receives leftover grains from Niagara's Best brewery. Watson also has a friend in Ridgeville who raises his own birds. http:// www. stcatharinesstandard .ca /PrintArticle.aspx ?e= 2579246 5/14/2010 St. Catharines Standard Page 2 of 2 "They taste much better than store - bought ones," Watson said of the eggs. St. Catharines Mayor Brian McMullan said backyard birds are an idea worth exploring. In an e -mail to Watson, McMullan advised him to get in touch with his ward councillors to see if they're willing to suggest amending the city's bird bylaw. McMullan said raising urban chickens seems to be a growing movement as people start to pay more attention to where their food comes from. "I think more and more, we as municipalities are going to be asked to look at our bylaws and to see whether or not we can accommodate small -scale use in terms of chickens or rabbits," McMullan said. The mayor said the issue would have to be carefully considered and needs public feedback. "If it were to be permitted, I don't think there should be negative impacts on neighbouring properties," he said. "I'm sure council would want to look at it from both sides." The chicken backyard idea seems to be gaining steam. The issue came up in London, Ont., earlier this month, but council there shot down the idea. Several chicken lovers in Toronto have been clucking for years to have that city's ban on backyard birds lifted. More than 80 U.S. cities allow backyard chickens. To learn more, check out Watson's Facebook fan page called Petition to allow chickens in St. Catharines mbeech @stcatharinesstandard.ca Where are backyardchickens allowed? 1. Niagara Falls 2. Brampton 3. Guelph 4. Victoria 5. Surrey, BC Source: torontochickens.com Copyright © 2010 St. Catharines Standard http:// www. stcatharinesstandard .ca /PrintArticle.aspx ?e= 2579246 5/14/2010 (5/18/2010) Dean lorfida - FW: Bird Feeder By -Law Page 1 From: "Wayne Thomson" <wthomson @fallsviewgroup.com> To: diorfida @niagarafalls.ca; wthomson @fallsviewgroup.com Date: 11 /3/2009 2:04 PM Subject: FW: Bird Feeder By -Law - - - -- Original Message---- - From: Neil & Margaret O'Shaughnessy fmailto :noshaughnessy1 @cogeco.ca] Sent: November 2, 2009 2:34 PM To: council @niagarafalls.ca Subject: Re: Bird Feeder By -Law Hello! I am writing this email to ask why their is no by -law for bird feeders in the City of Niagara Falls. I have two young children and my neighbours have 4 bird feeders which can feed approximately 30 birds at a time. They fill the feeders every other day approximately. It is a cesspool for attracting rodents and other unwanted pests. I have to clean the kids swing set constantly because of bird fecal matter. The birds even bang into our windows occasionally. The bird feeders are filled all year round. I have researched this on the internet and I believe in Alberta they have a bird feeder by -law from April to October if I remember correctly. Can anything be done on this matter? Please advise. It may seem trivial but if you had this neighbour beside you, you would put in a complaint as well. Concerned citizen -7- November 2, 2009 Council Minutes 3 a. T :Ialt staff review the No Parking restrictions on the westside of Kalar Road to determina if on-street parking could be permitted in the winter months. b. T hat staff investigate and report back to Council on the bike iane markers on St. Pau: Avenue. RATIFICA70N OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED o- the motion of Councillor Pietrangelo, seconded by Councillor'Diociati that the actions taken in Corporate Services Committee, on November 2, 2009 be approved. Carried Unanimously . ",at f ue minutes of the October 19, 2009 meeting be adopted as recorded. 2. 77- 2305 -Bt Water Acc©ur- CoRlections iResodent*° a 9nantedl Accounts Tha staff to report back to Council with a revised deposit amount for raside~ "a:: tenanted accounts. 2. Tha.`: practice of transferring arrears of unpaid water /sewer charges onto the awrer's tax account be discontinued effective November 3, 2 ©09. 3. Ti oat sta�� *investigate the issue of bird feeders. 4. Ti hat Staff bring forward amendments to the Live Adult Businesses 'By -law to limit tn,e number of adult Entertainment Parlours to three (3), with an effective date of oday. y BY -LAWS ORCERED on, the rnotion of Councillor Pietrangelo, seconded by Councillor Diodati that the icy -laws be given a first reading. Carried Dnani 2009 -170 J 1 , by -Eaw o require pre - consultation on certain Planning Act applications in the City of Niagara Palls. 2009-` A icy -law to amend By -law No. 89 -2000, being a by -law to regulate parking and trafP c on City Roads. ( Stopping Prohibited, Standing Prohibited, Parking Prohibited, (Heavy Vehicle Restriction, Stop Signs at Intersections) 200 A b y-taw to temporarily remove the public right of passage over a highway. Canmore Leader Page 1 of 1 LEADER-com « Back Birdfeeder bylaw in effect today Posted 9 months ago It's time to put away your birdfeeders as the Town of Canmore by -law requires that the bear attractants not be used from April 1 to October 31. Bears are attracted by the smell of birdseed and will do anything to get to it if they are hungry enough. Any birdseed that has fallen out of birdfeeders and collected on the ground must be cleaned up and removed, as it is also a potential bear attractant. Birdfeeders are not allowed to be used anywhere in town during the months when the bylaw is in effect. Garbage must be put into the bear -proof garbage bins that the town provides and any garbage cans that were used outdoors in the wintertime must be put away. Household items such as food, cooking utensils, pet dishes, barbecues etc. should always be kept in a secure place that bears can't get access to and barbecue grills should be cleaned immediately after use. The minimum fine for violating the Canmore waste control by -law is $100 for the first offence, $200 for the second, and $500 for the third and subsequent offences. Although bears might travel through town from time to time in the summer months, they won't stop here if there isn't anything to keep them here, Kim Titchener, education program director with Bow Valley Wildsmart said. "Right now, we have bears wandering around in the Bow Valley," Titchener said. "There are no ripe buffalo berry bushes and no vegetation that is not dormant. If bears are lucky, they can pick up an elk carcass. But it's still pretty early for bears to come out of their winter dens." Male bears leave their dens first and females come out in later April and May. Sows with cubs emerge from their dens in May and June, she said. "Bears could come through town but we don't want to give them a reason to stay," Titchener said. "If they find dog food or a bird feeder now they are going to associate a human use area as a place where they can find food." A fed bear is a dead bear, she said. "There is potential to lose a bear and potential for human safety issues if bears find food in town," Titchener said. "If people really like to see birds in their back yards, they can put out a bird bath in spring and summer." Another bear attractant is a dog. Dogs must be kept on a leash when hiking in the parks. When camping, never take food or toilet articles (soap, deodorant, toothpaste etc) into your tent or tent trailer, store them in the trunk of your vehicle or special bear -proof storage If you do see a bear in town, or a cougar or wolf, or you have an encounter with one of these wild animals, you are asked to report it to Bow Valley WildSmart at 403 - 591 -7755. Copyright © 2010 Canmore Leader http://www.canmoreleader.com/PrintArticle.aspx?e=l 5 07715 1/5/2010 (5/18/2010) Dean lorfida - Niagara Falls Nature Club position on bird feeders.doc NIAGARA FALLS NATURE CLUB I P.O. BOX 901, NIAGARA FALLS, ONTARIO, L2E 6V8. January 13, 2010 Dean Iorfida, City Clerk City of Niagara Falls 4310 Queen Street, Niagara Falls, ON L2E 6X5 Re: Niagara Nature Club Position on Bird Feeders in Urban Areas Dear Mr. Iorfida, Thank you for the opportunity to comment on the request that the City implement a by- law controlling or restricting bird feeders in backyards. Our club is supportive of backyard bird feeders. Most of us have bird feeders in our own yards and enjoy seeing birds that are attracted to them. Many of us have also planted our yards to make them more attractive to birds and butterflies. The most important benefit of bird feeders is that it offers us an intimate view of the natural world. Songbirds are declining, but if we didn't see the birds and know about them, we might find it harder to be concerned. Many of us are involved with project FeederWatch where we periodically count the highest numbers of each species we see at our feeders from November through early April. Data submitted from all the citizen scientists involved with this project help the experts learn about changes in the distribution and abundance of birds over time. Please do not restrict bird feeders in backyards. Living in the city, we need this connection to nature. Page 1 Sincerely, Joyce Sankey, Chair of Land Issues Committee Niagara Falls Nature Club Helping out nature — setting up a bird feeder I Muchmor Magazine Page I of 6 muchmor magazine Canada_- Something for everyone Ultrasonic Birds Easy To Make Bird Feeder Providing Canada with Pest Control for over Search multiple engines for easy to make 80 years. Free Estimate. bird feeder Ads by G0 091C • Home • Muchmor • Current issue • Realty • In The News • Lifestyle • Economy • Canada • Business • Back Issues • Job Search • Surveys • Network • Advertising • Contact • RSS Search in site... Friday, January 30th, 2009 1 Posted by admn Helping out nature — setting up a bird feeder Welcome Googler! If you find this page useful, you might want to subscribe to the RSS O feed for updates on this topic. You Nnerc searching tor "Bird Feeder 13v- law". Sce posts relating to your search > 0 tweets Fjj1VV a' The best way for most Canadians to start a study of birds is to establish a bird feeder, and the best time to feed birds is in the winter, when there are fewer species present and when many birds can be attracted to the bird feeder for observation. Watching the feeding http: / /www.muchmormagazine.com /2009/01 /setting -up -a -bird- feeder/ 1/5/2010 Helping out nature — setting up a bird feeder I Muchmor Magazine Page 2 of 6 birds can help people recognize the different species and learn about the birds' habits of migration, nesting, and feeding. A well- established feeder provides a starting point for other activities with birds. Photography of birds at the feeder can provide hours of enjoyment. If you are taking pictures of birds, watch to see how they use branches as stopping places before they fly to the feeder. Set up your camera to focus on one of the branches for more natural pictures than are possible on the feeder itself. Feeding can be continued through the summer months to attract a different mix of species. You will sometimes be rewarded by local nesting species bringing their young to the feeder. It is interesting to keep records of the birds at your feeder Bird Feeding • Sunflower seeds are among the most versatile food for birds. • Where you live, the type of food you offer, and the habits of different bird species will determine the types of birds you will attract to your feeder. • There are ways to prevent squirrels, cats, and dogs from harming birds or their food at feeders. • It is best not to feed ducks and geese. Feeding birds can be a very simple affair. Just scattering bread crusts on the snow or seed on a bench or table will attract some birds. But if bird feeding is to be a long -term interest, some additional steps should be taken to avoid problems. • The food must be protected from rain and snow or from unwanted guests such as squirrels. • It is best to place food in a feeder which protects seed from bird droppings. • The birds should not be made vulnerable to predation or other hazards by careless placement of the bird feeder. • It is important to continue feeding through bad weather so that any birds that may have become dependent on the food supply will be able to eat when they need to. This is most important just after winter storms. (Of course, if your neighbours are also putting out bird food, the birds are less dependent on any one feeder). Types of feeder. A hopper -type feeder that can hold food for several days can help ensure a continuous supply. Many good feeders can be made at home. A plastic bleach bottle can be cut to provide a large opening in one side and then hung from a branch by its handle. Half a coconut, pine cones, or a piece of bark can be used to hold a suet mixture. Suet can be hung from a tree in a plastic mesh onion bag. A Christmas string of popcorn and cranberries draped on a tree is a festive offering for the birds. Just be sure that feeders have no exposed metal parts in areas where the weather gets very cold. Commercially built feeders can also be an excellent value. What to feed. Try a few foods and use what works. Sunflower seeds are among the most versatile food for birds. Two kinds of sunflower seeds are used, a larger striped kind and a smaller black kind; the black kind is popular with more species of birds. Sunflower seeds may be used without any other food, if desired. Commercial bird seed mixtures sometimes contain seeds that are of little interest to most birds. Millet is good, but a study by the United States Fish and Wildlife Service showed that, in one region at least, white proso millet was generally preferred to yellow or red millet. Many species like cracked corn, but the corn http: / /www.muchmormagazine.com /2009/01 /setting -up -a- bird - feeder/ 1/5/2010 Helping out nature — setting up a bird feeder I Muchmor Magazine Page 3 of 6 is likely to spoil if wet, and it is more attractive to species, like pigeons, that are often considered pests. Oats, buckwheat, wheat, and rapeseed have limited interest for birds. Niger seed (an imported thistle seed) is excellent for small finches but can be expensive. Many types of kitchen scraps can be given to birds. Of these, some of the most often used are baked goods (give sparingly and watch for mould) and fats. Larger pieces of fat, especially beef suet, can be used as is or can be rendered by heating to separate the fat from the connective tissue. Melted fat can be mixed with bread crumbs and seeds and packed into dishes or other feeders. Peanut butter is loved by birds, but some people say it should be mixed with fat to reduce any danger of choking. Most birds appreciate water to drink if the weather is not too cold. Birds also use grit to help their digestion. Provide dirt, sand, or ground eggshells separately from other foods for this purpose. Sometimes a few wood ashes or a dry supply of salt can provide minerals the birds need. To limit cost, put a measured amount of food out each day, whatever you decide you can afford. If the feeder is empty an hour later, don't worry. If you are consistent, the birds will adjust their foraging to the supply and find more food elsewhere. What kind of birds to expect. What kind of birds can you expect once you've put out some food? The bird species attracted to a feeder will depend on many factors, including the geographic region you live in, the type of food you offer, the habitat of the immediate area, the habits of individual bird species, and the weather. Habitat is a very important factor in attracting birds: an area with trees and shrubs will be the most likely to appeal to them. It is also important to start feeding early in the fall before the birds become set in their winter foraging patterns. Chickadees are some of the most familiar birds that visit feeders. They travel around a small area of a few hectares, stopping in woodlots where they look for insects and insect eggs and coming to feeders for sunflower seeds and suet. They are adept at opening sunflower seeds by holding them with their feet and striking them with their bills, like little woodpeckers. Blue Jays are conspicuous visitors with their bright plumage. In the fall, Blue Jays store food, sometimes carrying away many sunflower seeds packed in their cheeks. At that time of year you might like to feed the Blue Jay some whole corn, which is less expensive than sunflower seeds. Blue Jays are much less trusting of people than chickadees are and usually retreat to a distant viewing point when people come to the feeder. Several species have changed their winter range, thanks to bird feeding. Among these are Evening Grosbeaks, which come in flocks for sunflower seeds. Cardinals have started nesting far north of their historical range, probably because of the winter food provided at feeders. Some birds are quite unpredictable in their annual visits to bird feeders. Redpolls, Evening Grosbeaks, and Pine Siskins come in variable numbers depending on their natural food supply and on the weather. Others, such as the Hairy Woodpecker and the Black - capped Chickadee, are resident year -round in the feeding area and so can be expected at feeders with some certainty. The House Finch is of special interest at feeders. It was originally a western species, but in 1941 a few individuals were released in New York City. Since then it has spread and has become common in southern parts of Ontario and Quebec. More recently it declined again, as a result of a disease that may have been spread, in part, through concentration of the species at bird feeders. http: / /www.muchmormagazine.com/ 2009 /01 /setting -up -a- bird - feeder/ 1/5/2010 Helping out nature — setting up a bird feeder I Muchmor Magazine Page 4 of 6 Some birds that usually eat dormant insects and their eggs in the winter can be attracted to feeders by fat - rich foods such as suet, and, for some species, sunflower seeds. Nuthatches, woodpeckers, and chickadees are all fat - loving species. Some people do not like pigeons, starlings, or House Sparrows and prefer jays, chickadees, and finches. Offering sunflower seeds alone may help eliminate the first group and attract the second. Fat attracts starlings but is probably worth it if it brings woodpeckers too. A yard with plantings of bushes such as saskatoon, elderberry, mountain ash, nannyberry, and crabapple or vines such as wild grape or Virginia creepers will attract birds that eat fruit and are rarely found at regular feeders. Even the American Robin will overwinter where such a food supply is abundant. Easy To Make Bird Feeder Search multiple engines for easy to make bird feeder Related Articles: Top_ 10 Squirrel Feeder Blowout Sale On Squirrel Feeder Season's Latest Squirrel Feeder Ads by G0081C • Supporting kids, parents and themselves recipe for baby boomer sandwich • Canadian consumers show c_ autious optimism • Optimism about New Year varies by province • Costly lessons from 2009: Insurance - Bureau of Canada announces year's costliest extreme weather events • Williams and Wall close the year as- the _best-rated premiers in Canada, McGuinty and Stetmach grab the bottom spot. Comments are closed Tags Alberta British Columbia Business Canada Canadian immigration cars consumer Economy [:niployment government I iealth house and home immigrants Immigration Immigration news jobs Lifestyle Money Motoring newcomers Ontario property Realty stats can survey The Provinces Toronto Travel weekend trips wc1lbeing Article Archives Select Month http: / /www.muchmormagazine.com/ 2009 /0l /setting -up -a- bird - feeder/ 1/5/2010 Tags: animals, Birds, Home & Garden, nature, wildlife THE CORPORATION OF THE TOWN OF AJAX BY -LAW NUMBER 121 -2009 WHEREAS pursuant to the Municipal Act, S. O. 2001, c. 25, as amended, a municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council, are or could become or cause public nuisances; AND WHEREAS a municipality may regulate matters not specifically provided for by the Municipal Act for purposes related to health, safety and the well -being of the inhabitants of the municipality, AND WHEREAS a municipality may pass a by -law with respect to highways and boulevards within the municipality's jurisdiction; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AJAX ENACTS AS FOLLOWS Short Title 1.1 This By -law may be cited as the "Public Safety and Nuisance By -law." 2. Definitions 2.1 In this By -law: (a) "Advertising Sign" means any object used to attract public attention to any goods, services, facilities or events and includes signs, flags, banners, balloons, pennants, lights and posters. (a) "Boulevard" means the area of a Highway between the edge of pavement or curb of the Roadway and the adjacent Property line of the Highway. (b) "Highway" includes a common or public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral Property lines thereof. (c) "Occupier" means any person who is in control of any Property. (d) "Officer" means a Municipal Law Enforcement Officer appointed by the Council of the Town. (e) "Owner" includes the person or persons identified in the most recent tax roll as owners of a subject property. (f) "Pedestrian Crossing" means any portion of a Roadway at an Intersection or elsewhere, distinctly indicated for pedestrian crossing by signs and pavement markings and shall include attended and unattended crossings. (g) "Pedestrian Walkway" means a Town owned path for the use of pedestrians. (h) "Property" means land, with or without improvements so affixed to the land. (i) "Public Place" includes any place where the public has access as of right by invitation, expressed or implied or on private Property that is exposed to public view. (j) "remove snow or ice" means a cleared sidewalk not less than 0.8 metres in width. (k) "Roadway" means a portion of a Highway improved for use for vehicular traffic. (1) "Sight Line" means a clear line of vision between conflicting motorists, cyclists, and pedestrians that allows sufficient time for safe maneuvers to be made without significantly affecting the conflicting traffic. (m) "Town" means The Corporation of the Town of Ajax. (n) "Windrow" means snow left behind by snow removal apparatus which obstructs access to a Pedestrian Crossing. 3. OBNOXIOUS USES 3.1 No person shall use or permit to be used any land, building or structure for any purpose which is obnoxious, and without limiting the generality of the foregoing, for any purpose that creates or is likely to become a nuisance to the public by: (a) The creation of noise or vibration, (b) Emissions of gas, fumes, smoke, airborne particulate matter or objectionable odour, or, (c) The unsightly storage of goods, wares, merchandise, salvage, refuse, material, motor vehicles, trailers, boats, or parts of vehicles, trailers, machinery, or other such material. 4. ROADWAYS, BOULEVARDS, AND PEDESTIAN WALKWAYS 4.1 Every Owner or Occupier of Property shall maintain every Boulevard abutting the Property in a clean, tidy and well -kept condition and, without limiting the generality of the foregoing, shall: (a) Remove any accumulations of discarded material. (b) Keep grass or weeds in excess of 15 cm. in height cut or trimmed. (c) Keep landscaping from encroaching over a Boulevard, Roadway, gravel shoulder or sidewalk so as to not interfere with a Sight Line or safe passage. 4.2 No person shall injure, damage, interfere with or encumber any tree, shrub, plant, bush or hedge on any Boulevard or Pedestrian Walkway. 4.3 No person shall leave any basketball net, hockey net or skateboard ramp on any Highway or pedestrian walkway, or utilize any basketball net, hockey net, skateboard ramp or other play structure in such a manner as to interfere with or obstruct safe passage on a highway. 4.4 No person shall rake, blow or place leaves on any Highway except in an approved yard waste bag pursuant to the Town's Waste Management By -law, as amended. 4.5 No person shall dispose of any vegetation cutting, rubbish, discarded materials, or any liquid or solid waste on any Highway or Pedestrian Walkway, in any private or Town garbage receptacle, or in any drainage facility. 4.6 No person shall mark, deface, wax or damage any curb, sidewalk, or part of a Highway or pedestrian walkway. 4.7 No person shall urinate, defecate or vomit on a Highway or in a Public Place. 4.8 If a person fails to comply with a provision of this Part 4, the Town may, with its servants or agents from time to time, and in a reasonable manner, enter upon Property and affect such compliance at the expense of the defaulting person, and shall have the right to recover the costs by action or by adding the costs to the tax roll and collecting them in the same manner as taxes. 5. CLEARING OF SNOW ON PRIVATE PROPERTY AND MINICIPAL SIDEWALKS 5.1 Every Owner or Occupier of Property shall remove snow or ice, including a Windrow, from any sidewalk bordering that Property no later than 24 hours after the accumulation of snow or ice. 5.2 The Town may, without notice, remove snow or ice, or a Windrow, from any sidewalk bordering Property if the Owner or Occupier fails to do so within the aforementioned 24 hours, and the cost of doing so shall be recovered from the Owner by action or by adding the costs to the tax rolls and collecting them in the same manner as taxes. 5.3 No person shall shovel, plow or blow snow from any Property onto or across a Roadway, a sidewalk, a Pedestrian Walkway or, without authorization, another Property. 5.4 Every Owner or Occupier of Property shall remove snow from the sidewalks, driveways, lanes and parking areas on the Property, and from any fire hydrant on or bordering the Property, no later than 24 hours after the accumulation of snow or ice. 6. IDLING PHOHIBITIONS 6.1 No person shall cause or permit a vehicle to idle for more than 2 consecutive minutes. 6.2 Section 6.1 does not apply to : (a) Police, Fire, Ambulance or Armoured Vehicles while engaged in operational activities, including training activities; (b) Vehicles assisting in an emergency activity, (c) Mobile workshops while they are in the course of being used for their basic function; (d) Vehicles where idling is required as part of a repair process or to repair a vehicle for services. (e) Vehicles that remain motionless because of emergency, traffic or weather conditions or mechanical difficulties over which the driver has no control; (f) Transit vehicles while at a layover or stopover location, except where the idling is substantially for the convenience of the operator of the vehicle; (g) Vehicles when the ambient outside temperature is more than 30 °C or less than minus 10 °C and idling of the vehicle is necessary to the operation of air conditioning or heating equipment; or, (h) Vehicles transporting a person where a medical doctor certifies in writing for medical reasons, the person requires the temperature or humidity to be maintained within a certain range and idling the vehicle is necessary to achieve that temperature or humidity level. 7. SWIMMING POOLS, HOT TUBS AND ORNIMENTAL PONDS 7.1 No person shall permit or allow water draining from a swimming pool, hot tub, wading pool, or ornamental pond to drain or migrate onto adjoining Property. 8. NUISANCE FEEDING OF ANIMALS 8.1 No person shall throw or place, or permit to be thrown or placed, any type of food, in a yard for the purposes of feeding any birds, wildlife, or animals found to be running at large. 8.2 Section 8.1 of this By -law shall not apply to bird feeders that are suspended off the ground and dispense commercially available bird food such as seeds and nectars. 8.3 No person shall be permitted to have more than 3 bird feeders located on any property. 8.4 Every owner of a bird feeder shall: (a) keep the bird feeder clean by regularly disinfecting with a mild bleach solution; and, (b) maintain the ground underneath the bird feeder by regularly raking the ground thoroughly to remove grain and bird droppings. 9. ADVERTISING SIGNS 9.1 No person carrying, or causing or permitting to be carried, an Advertising Sign on any Highway shall: (a) approach within 1 metre of the curb or the Roadway, (b) interfere with pedestrians or vehicular traffic, (c) throw the sign into the air or to another person, or (d) approach within 5 metres of an intersecting Highway or a driveway. 10. PENALTY 10.1 Any person who contravenes any provision of this By -law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence, exclusive of costs, as prescribed by the Municipal Act, S. O. 2001, c. 25. 10.2 If a court of competent jurisdiction should declare any section or part of a section of this By -law to be invalid, such a section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of this By -law and it is hereby declared that the remainder of the By -law shall be valid and shall remain in force. 11. REPEAL 11.1 This By -law shall come into force and By -law Number 63 -2007 shall be repealed on the date that the set fines are approved pursuant to the Provincial Offence Act. Read a first and second time this Ninth day of November, 2009 Read a third time and passed this Ninth day of November, 2009 Mayor D -Clerk 7 t 3 y} h l �yy All 5, C Ap- 4� 1 { { a * :w i f 1 r . Ve � t: r• � �� i Y ' Jam, . t p ��r% �A ,M,�,,• 1 ur V! {t L 1"" I �♦ M '�Yl�� A � a * :w i f 1 r . Ve � t: r• � �� i Y ' Jam, . t p ��r% �A ,M,�,,• 1 ur V! S y # I 1� 1"" I �♦ M '�Yl�� A � 1 Niagara CANADA REPORT TO: Councillor Carolynn loannoni, Chair and Members of Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2010 -10 Playing Field Cancellation Policy RECOMMENDATION 1) That Council approve the attached Playing Field Cancellation Policy, effective September 7, 2010 EXECUTIVE SUMMARY The Playing Field Cancellation Policy will guide staff and users in the management of playing field resources to ensure optimum usage and programming to reflect municipal directives as outlined in the financial policies of the City of Niagara Falls. The Policy will also support a more effective approach to scheduling the playing fields and will result in the allocation of the fields based on actual usage. BACKGROUND R &C- 2010 -10 May 31, 2010 Many municipalities throughout Ontario have comprehensive Playing Field allocation and cancellation policies for occasional, seasonal and special event/tournament users. One of the key principles in these policies is the municipal commitment to the management of fiscally responsible playing field operations, fair and equitable field allocation and special event management. The Playing Field Cancellation Policy will establish and clarify the City's responsibility for administration of field cancellations. ANALYSIS /RATIONALE There has been considerable effort made to operate City playing fields more cost effectively. Revenue generation is a significant component of an effective playing field operation. User fees for playing fields were approved through report PRC- 2009 -33 effective January 1, 2010. However, there is currently no playing field cancellation policy. The opportunity to re- market the open field times and attempt to recoup lost revenues from cancellations is very difficult with the current cancellation notice time tines. Without proper cancellation notification requirements, park staff may be scheduled to prepare the field and May 31, 2010 to open and close the facility. If a group decides not to show, the City pays the staff person and loses the opportunity to book another organization. This would result in the field not being used and no revenue generated for the City. The cancellation policy will contribute to responsible field usage and more accurate requests from user groups. A cancellation fee of $20.00 will be charged to groups that cancel with short notification. The policy will also help ensure that field requests are based on actual need. The past cancellation practices of an organization will be accessed when allocating field times to ensure that their request is directly tied to their actual utilization. The Recreation Committee, seasonal and occasional user groups were sent a copy of the draft cancellation policy for their comments. Users inquired if game /practice rain outs would fall under this policy. Weather related cancellations would be considered when determining whether a cancellation charge is applicable. Staff met with Niagara United Soccer Club to review the proposed Cancellation Policy and the implementation time line for the artificial turf field. Niagara United supported the policy. FINANCIAL /STAFFING /LEGAL IMPLICATIONS In 2009, the only field associated with user fees was the artificial turf field at Kalar Road. A rough estimate of cancellations indicates lost revenue of $9,720 at the resident youth rate or $14,580, if calculated at the resident adult rate. This playing Field Cancellation Policy will assist in ensuring optimum usage and revenue generation. CITY'S STRATEGIC COMMITMENT The Parks, Recreation & Culture Strategic Plan, Action Plan # 5: Develop policies to support service delivery, speaks to the need to develop a playing field allocation policy. The Playing Field Cancellation policy is one piece of the allocation equation. Staff will be developing a Playing Fields Allocation Policy to identify the appropriate process to follow to ensure fair and equitable allocation of City playing fields. LIST OF ATTACHMENTS 1. Draft Playing Field Cancellation Policy Prepared by: Respectfully submitted: - 2 - R&C- 2010 -10 Ka`fhy Moldenhauer, Mana er of Policy & Community Development Ken odd, Chief Administrative Officer DEPARTMENT: COMMUNITY SERVICES RECREATION & CULTURE DATE EFFECTED: September 15, 2010 TBC POLICY: Playing Field Cancellation Report R &C- 2010 -10 pp rpose. isp ny estalii.shes and clarifies the City's responsibility for playing field administration, and its commitment to the management of: • Fiscally responsible operations • Fair and equitable playing field allocation • Processing of tournament, special event and seasonal playing field permits • Special event playing field management SECTION: 1. Playing Fields Operations The City ofNiagara Falls is responsible to manage its playing field resources to ensure optimum usage and programming. The operation is to reflect municipal directives, to minimize risk and operational issues, as well to enhance fiscal health to allow for timely and effective playing field management. 2. Tournaments and Special Events The City of Niagara Falls supports tournaments and special event rentals. Tournament and special event rentals create revenue opportunities to both the organizers and the City of Niagara Falls, and provide economic spin -off to the community at large. They may include events of regional or provincial significance or tournaments hosted by seasonal clients, private individuals, organizations or the community. 3. Permit Amendments 3.1 Permit Cancellations Recreation & Culture has the right to control all playing field distribution and use of City -owned and operated playing fields for the duration of the permit. Controls must be in place to minimize the negative revenue impacts that unused, returned, amended and cancelled playing field time can have on the playing field operation ie. staff scheduling, loss of revenue, under utilized fields. 3.2. Transferred/ Trades /Sub - Leased Playing Fields The City of Niagara Falls is the sole permit authority for all playing fields times. The City must be aware of and be able to control the intended use of all playing fields within its permitted times. It is recognized that last- minute changes to the intended use of the playing fields may occur under rare, infrequent and unforeseen circumstances however Recreation & Culture must be notified by the permit holder. Failure to notify Recreation & Culture may result in termination of the permit and cancellation of future bookings. 3.3. Permit Cancellation for Tournaments, Special Events or Seasonal /Occasional Permits Once a playing field permit has been signed, the following cancellation policies come into effect: Tournaments and Special Events (initiated by the permit holder and /or the permit holder's designated scheduler) • The Permit holder is responsible to contact R &C a minimum of ten calendar days in advance to cancel the permit. • If cancelled less than ten calendar days in advance a cancellation fee of $20.00 will be charged. • If the organization is not present for the permitted time, their allocated time at the turf field will ha rPV1PU7P1I 3.4. Permit Cancellations by the City of Niagara Falls The City reserves the right to reasonably postpone, reschedule or cancel any permitted activity due to justified circumstances. The City reserves the right to cancel a permit or portion of the permit if t eris of.thecondition or regulations, Rzone or should the City be of the opinion that the p ayi g i ld is not 1?eing used for the purpose contained in the application. The City will exercise no tcilerande tb any Torn of Violence, vandalism or inappropriate behaviour. Where postponement or rescheduling cannot be mutually coordinated, the permit holder affected will receive a full refund/credit for the time owing. In the event the permit holder fails to comply with the terms of the permit the City can cancel the permit. 3.5 Use of Fields after Notification of Permit Cancellation or When Fields are Unplayable If a permit holder elects to use a field where the permit has been cancelled or when a field is visibly unplayable due to wet weather conditions, the permit holder will be required to pay for all damages arising from this type of facility abuse. The permit holder will be held liable and responsible for any and all accidents or injuries incurred. Upon review of the unauthorized use incident, the permit holder may also have the remainder of their permit cancelled and may be prohibited from accessing any City facility. 3.6 Curfew Playing Fields The City reserves the right to curfew any games, including tournament games, to maintain the schedule submitted and will consider the cancellation of any or all permits if the user does not cooperate. It is the responsibility of user groups to inform Recreation & Culture of any special requirements regarding curfews at the time the schedules are submitted. 3.7 Opening Playing Field Facilities Outside of Standard Hours of Operation The opening of playing fields on statutory holidays, when they are normally closed, or beyond established operating hours will be considered only if the applicant agrees to pay all fees, including staff costs related to opening and pending the availability of staff. All reasonable requests will be reviewed and responded to. Application does not guarantee approval. 4.0 Payment 4.1 Playing field rates and fees are based on an hourly or per participant /per team rate. The rates and fees are reviewed on an annual basis. A schedule of rates and fees are recommended by staff with input from user groups and approved by City Council. User fees reflect costs associated with facility lighting, ongoing facility maintenance and repair, labour and supply costs to operate the facility. 4.2 Seasonal /league user groups will be invoiced on a monthly basis for the rentals for the previous month. Payments are due on the 30 of each month . 4.3 Occasional playing field rental payment is due ten days prior to the rental. 4.4 Additional fees may be charged for delivery and removal of extra equipment such as portable toilets, garbage cans and picnic tables. C:\Documents and Settings \dm330\Local Settings \Temp\XPgrpwise \draft playing fields cancellation policy.wpd Revised April 14, 2010 - Draft Niagara}�a11s C %. 11)A REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2010 -34 Leasing Buses to Address GO Train Service RECOMMENDATION: EXECUTIVE SUMMARY: BACKGROUND: TS- 2010 -34 May 31, 2010 1) That Council approve the lease of two buses from St. Catharines Transit Commission for the months of July and August to address GO Train service requirements; 2) That the Mayor and Clerk be authorized to execute the necessary agreements. With the welcome news GO Transit will be providing rail service to our community for the busy Summer tourism season of 2010, Niagara Falls Transit staff has been making the necessary arrangements to efficiently transport these customers away from the train station to the many popular attractions our City has to offer. In addition to the Friday, Saturday, and Sunday /Holiday GO customers requiring public transportation, this Summer, the Town of Fort Erie have chartered a bus to provide daily service between the communities for those individuals residing in Fort Erie, but work in Niagara Falls. To address the fleet needs of the GO Train service requires the addition of two accessible buses for the months of July and August when the anticipated passenger loads will be highest. During the Summer of 2009, Niagara Falls Transit leased five buses from St. Catharines Transit Commission to address the anticipated passenger Toads arriving on the trains. Although all five buses were occasionally pressed into service during busier weekends, Transit staff are confident an additional two buses will suffice this summer with our complement of newer accessible vehicles. May 31, 2010 TS- 2010 -34 FINANCIAL IMPLICATIONS: The monthly cost to lease buses from St. Catharines Transit Commission will be the same as the Summer of 2009, which was $2,500.00 per bus. Therefore, to lease two buses for the months of July and August will result in a cost of $10,000.00 plus applicable taxes. Funds have been allocated in the 2010 General Purposes Budget. CITY'S STRATEGIC COMMITMENT During the 2007 through 2010 term of Council, seven key Strategic Priorities were developed to improve the quality of life for the residents of this community. The Priority, which best encompasses this public transit initiative is `to strengthen and promote economic development within the City.' Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services en Todd, Chief Administrative Officer D. Stuart S: \General Administration \GA 1.01 Reports\2010 Community Services \05 May 31 \TS- 2010 -34 Leasing Buses to Address GO Train Service.wpd No. Report Requested Date Requested Responsibility * Target Date 1. People Mover Project Community Services February 22, 2010 Business Development June 14, 2010 2. BDD- 2009 -03 NCCC Construction Update Council August 10, 2009 Business Development July 19, 2010 3. PRC- 2009 -33 Playing Field User Fees - Sport Tourism Policy Community Services November 16, 2009 Business Development Recreation & Culture Meeting is being coordinated. Report Fall 2010 4. Use of Local Suppliers - NCCC Council January 25, 2010 Business Development Memo to Council May 31, 2010 Niagaraaa1Is C ANAOA REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Chief Administrative Officer SUBJECT: CAO- 2010 -05 Outstanding Council Requests RECOMMENDATION CAO- 2010 -05 May 31, 2010 That the Outstanding Council Requests report will be presented on a quarterly basis to keep Council informed on ongoing matters. BACKGROUND In response to Councillor Diodati's motion, the following chart identifies requests made by Members of Council at Council or Committee meetings. * It should be noted that the "Target Date" may vary, depending on receipt of information from outside sources. 5. Maid of the Mist - that the City presents a position to the Fairness Commissioner Council March 8, 2010 Business Development Consulted stakeholders. Submitted items which we would like to see in the RFP. 6. Pending Item List That staff prepare /provide a pending item list for Council. Council May 10, 2010 CAO May 31, 2010 7. Centralized Police Headquarters Community Services February 11, 2008 CAO Process is ongoing. 8. External Marketing and Other Management Services - Gale Centre Council February 9, 2009 CAO Recreation & Culture June 14, 2010 9. CPS- 2009 -10 Council Casino Assessment Appeal - In Camera Update Council September 14, 2009 CAO Ongoing 10. CAO- 2010 -01 Optimist Club Council January 25, 2010 CAO Ongoing 11. Vacation Entitlement - Mayor Council April 26, 2010 CAO Human Resources Finance Report to Council June 2010 12. Regional Council - Reduce the Size - that the Mayor and CAO contact their counterparts in St. Catharines and Fort Erie regarding a possible Inter Municipal Committee Council April 26, 2010 CAO Mayor Contact has been made by the CAO. Discussions are ongoing. 13. CD- 2008 -02 Deputy Mayor Council February 11, 2008 Clerk's Next Council term. 14. CD- 2009 -11 Renaming of Highway 420 Council August 31, 2009 Clerk's Mayor Ceremony to be arranged. 15. Habitat for Humanity MW- 2010 -09 Glenholme Avenue Road Allocation Community Services February 22, 2010 Clerk's Possible report June 14, 2010 pending parties wishes. May 31, 2010 - 2 - CAO- 2020 -05 16. Bird Feeders That staff investigates the issue of bird feeders. Corporate Services November 1, 2009 Clerk's Report to Committee May 31, 2010 17. Business Improvement Areas - Guidelines That staff develops guidelines for voting, proxies and standardized budgets for the City's Business Improvement Areas Corporate Services December 14, 2009 Clerk's June 28, 2010 18. F- 2010 -18 2010 Water & Sewer Volumetric Rates - monthly billings being investigated Corporate Services April 12, 2010 Finance Report to Council November 8, 2010 19. Purchase Cards and Corporate Credit Cards Council March 9, 2009 Finance Report to Council July 19, 2010 20. F- 2009 -51 Water Account Collections Residential Tenanted Accounts - a policy report on the amount of deposits - part of water billing review Corporate Services November 2, 2009 Finance Report to Council November 8, 2010 21. Chippawa Jr. C River Hawks - staff reports on the business plan Council August 10, 2009 Finance Report to Council July 19, 2010 22. Marineland - staff reports on the investigations into reassessing of Marineland Corporate Services September 14, 2009 Finance Report to Council June 28, 2010 23. Taxation of Outdoor Inventory Areas (Garden Supply Areas) - Finance will bring this matter to the attention of MPAC Council December 14, 2009 Finance Report to Council June 28, 2010 24. FS- 2009 -09 Radio System Corporate Services November 16, 2009 Fire Ongoing 25. FS- 2010 -08 False Alarm By -law — Supplemental Report Community Services April 27, 2010 Fire By -law is being prepared. May 31, 2010 - 3 - CAO- 2020 -05 26. FS- 2010 -01 Cost Recovery for Emergency Response Related Activity - Fire is working on the By- law. Community Services March 22, 2010 Fire Ongoing 27. HR- 2010 -04 Council Salary Increase - investigate other municipalities Council March 22, 2010 Human Resources September 2010 28. Employee Survey Results That staff present the results to Council. Committee May 10, 2010 Human Resources June 14, 2010 29. Lot Grading Corporate Services June 9, 2008 Legal Municipal Works Report to Committee May 31, 2010 30. CSC - 2009 -01 Niagara Falls History Museum Expansion Progress Report MW- 2009 -86 Niagara Falls Armoury Lease agreement with Niagara Military Museum Community Services October 19, 2009 Community Services December 14, 2009 Municipal Works Legal Report to Council May 31, 2010 31. L- 2009 -42 Refusal to Close Land Sales Swayze Drive Council September 14, 2009 Legal Report to Committee October 2010 32. Mont Rose - urban boundary expansion Community Services October 19, 2009 Legal Planning & Development This matter is returnable before the Board on September 14, 2010 33. OLG Lands - Maintenance Victoria Avenue and Murray Street Embankment Council June 9, 2008 Municipal Works Agreement between OLG and City for maintenance of Murray Street embankment. May 31, 2010 - 4 - CAO- 2020 -05 34. R- 2008 -27 Review of Request - Ban of Plastic Bags - educational campaign and implementation strategy - including budgetary requirements Community Services September 8, 2008 Municipal Works Letter sent to the Region on May 12, 2010. 35. Impact on Landfill of Plastic Bottle Ban Council February 23, 2009 Municipal Works Letter sent to the Region on May 12, 2010 36. Residents of Mulhern Street Request for Curbing & Sidewalks MW- 2009 -80 That the Baldwin Avenue & Mulhern Watermain Replacement project identified in the 2009 Capital Budget be deferred pending the completion of the 10- Year Infrastructure Needs Assessment Council January 26, 2009 Community Services November 2, 2009 Municipal Works Report to Committee July 19, 20010 37. Front Ending Agreement re Club Italia Council February 9, 2009 Municipal Works Report to Council June 14, 2010. 38. Recycle Bins - Use of Recycling Bins at City Facilities - Will Plastics Industry subsidize the provision of the bins? Council April 6, 2009 Municipal Works Recreation & Culture 1) Staff meeting scheduled for May 17. 2) Region will be contacted to see if recycling at the Gale Centre is included in the new Waste Collection Contract. May 31, 2010 - 5 - CAO- 2020 -05 39. MW- 2009 -76 Request for Infrastructure Improvements - Vine Street, Sinnicks Avenue to West of Coholan Street - referred to staff for inclusion in the 10 -Year Infrastructure Needs Assessment Community Services October 19, 2009 Municipal Works Report to Committee September or October 2010 40. Chippawa Boat Dock Council November 16, 2009 Municipal Works Staff waiting for the proposal from the business owners. 41. Mewburn Road Bridge Community Services January 25, 010 Municipal Works Report to Committee June 14, 2010 42. MW- 2010 -16 Sidewalk Winter Maintenance Service Requests and Policy Review Community Services January 25, 2010 Municipal Works Report to Council June 28, 2010 43. Sinnicks Avenue Rear Yard Flooding Community Services January 25, 2010 Municipal Works Report to Committee on May 31, 2010 44. Cemeteries Operations Increased Revenues - staff reports back Council April 26, 2010 Municipal Works Report to Council June 28, 2010 45. Construction on Sinnicks - staff reports on Sinnicks construction and any damage from parking issues on the street. Council February 22, 2010 Planning & Development Transportation Letter sent from Planning to Soccer Dome owner in March 2010. 46. CD- 2009 -06 5890 Main Street - interim control by -law for Historic Drummondville Community Services May 4, 2009 Planning & Development Report to Council on June 28, 2010. 47. 1) Zoning By -law Changes to Deal with Large Clubs, and 2) Interim Control By -law re Sylvia Place Market Council July 7, 2008 Planning & Development Report to Council on June 28, 2010. May 31, 2010 - 6 - CAO- 2020 -05 48. PD- 2009 -86 Proposed Change from a Residential Loan to a Residential Grant Council November 30, 2009 Planning & Development The developer who has proposed the change is reconsidering his position. 49. F- 2009 -22 Use of Excess Funds Downtown Revitalization The $413,000 (now $400,000 as a result of lighting expenses) and $100,000 from the Region will be used for streetscaping of Queen Street in 2010. The BIA has agreed to the streetscaping items to be funded. Streetscaping to begin September 2010. Update February 23, 2010 Planning & Development Implementatio n in September 2010 50. MW- 2009 -50 Review of City Buildings Community Services June 29, 2009 Planning & Development (Building) Report to Council in September / October 2010 51. PD- 2009 -49 AM- 2009 -008, Zoning Amendment Application 6361 Fallsview Boulevard Removal of Requirement for a Convention Centre in a Hotel and Permitting a Majority of the Required Parking for the Hotel Off -Site - By -law 2009 -139 went to Council on August 31, 2009 and has been appealed to the OMB. Council June 29, 2009 Planning & Development Awaiting OMB decision. Revised site plan to be resubmitted. May 31, 2010 - 7 - CAO- 2020 -05 52. PD- 2009 -63 Summary of CIP Applications and Proposed Changes to the Financial Incentive Programs - A public forum will be held to inform landowners within Downtown and Historic Drummondville CIP areas advising no program funds will be allocated for 2010. However, previous year reserves could be applied to application for funding, subject to Council approval. Community Services October 19, 2009 Planning & Development Summary of CIP applications submitted to Council November 2009. Public meeting to be held once reserves have been determined. 53. Inclusionary Zoning By -law - as proposed by Sherry DiNoble's private members bill. (Bill 198) - Staff will continue to monitor and report back to Council. - Staff will request input from area Developers Community Services November 30, 2009 Planning & Development Now Bill 58. First reading May 6, 2010. Staff will continue to monitor. 54. PD- 2010 -12 Fernwood Phase 3 Draft Plan of Subdivision - contact MTO regarding future Highway 420 Council February 22, 2009 Planning & Development A meeting has been schedule with the Province on June 1, 2010. 55. PD- 2010 -14 AM- 2009 -12, Zoning By -law Amendment 5823 Temperance Avenue Group Home Council February 22, 2010 Planning & Development Report to Council on May 31, 2010. 56. PD- 2010 -21 AM- 2009 -27 Zoning By -law Amendment 5038 Marshall Road - staff to work with the Region to make this permanent when the temporary by -law expires. Council March 8, 2010 Planning & Development Business Development Temporary use zoning by- law is scheduled to go to Council on May 31, 2010. May 31, 2010 -8- CAO- 2020 -05 57. PD- 2010 -24 Growth Plan Conformity Update - Council must adopt the City's Growth Plan Policies by the end of June 2010. Community Services March 22, 2010 Planning & Development Public meeting for adoption is scheduled for Council on June 14, 2010. 58. PD- 2010 -28 26CD -11- 2010 -01 Draft Plan of Vacant Land Condominium 8891 and 8931 Forestview Blvd. Deferred re fencing. Council April 12, 2010 Planning & Development Condominium approved with Council modifications on May 10, 2010. Currently in appeal period which ends June 1, 2010. 59. PD- 2010 -35 AM- 2009 -029 Zoning By -law Amendment 6226 Giovina Drive - Denied by Council Council April 26, 2010 Planning & Development Appeal period ends May 20, 2010. 60. PD- 2010 -38 Request to Waive Fees for Outdoor Cafes within Downtown CIP 1) That staff investigate an appropriate rate per square metre to be charged for Sidewalk Cafes and report back to Committee and Council prior to 2011. 2) That the application fee of $500.00 become a one time fee. 3) That due to the disruption of infrastructure and road work along Queen Street this year, that the annual charge for sidewalk cafes be waived for 2010. 4) That a permit system be implemented for sidewalk cafes and that Council delegate authority to staff to issue permits. Committee May 10, 20010 Planning and Legal Planning Finance Planning November 2010 May 31, 2010 - 9 - CAO- 2020 -05 61. R- 2008 -31 Centennial Water Molecule - recognition of caretaker role of Hi -Tech Council November 17, 2008 Recreation & Culture To be included in Phase II of the Queen St. Redeye. 62. R- 2008 -36 Arena Payment and Cancellation Policy - staff to meet with User Groups Community Services December 1, 2008 Recreation & Culture Policy revised on Dec. 14/09 User groups have policy 63. Recognition of Dan D'Addio Council September 14, 2009 Recreation & Culture Staff is awaiting selection of the date from the D'Addio family 64. Recreation & Culture Future Policy - Waiving of Fees Council September 28, 2009 Recreation & Culture Report to Committee Sept. 2010 65. User Fees - Kalar Park Council Review October 21, 2009 Recreation & Culture Niagara United Soccer Club is agreeable to the user fees listed in the "draft" policy. 66. 2010 Power Pledge Initiative Council April 12, 2010 Recreation & Culture Staff will be working with Sue Forcier, NPEI, on this event. 67. Communication: Mick & Angelo's re Ice Hour Costs Refer to staff for a report. Council May 10, 2010 Recreation & Culture Fall 2010 68. TS- 2009 -07 Tourist Area Parking Demand Study - deferred for BIA input. Community Services April 20, 2009 Transportation Report to Committee June 14, 2010 69. TS- 2009 -32 TransCab Transportation Pilot Project - Pilot project commenced December 2009 Council September 14, 2009 Transportation Report to Committee June 14, 2010 May 31, 2010 - 10 - CAO- 2020 -05 70. TS- 2009 -11 Transit Strategic Business Plan and Ridership Growth Strategy Phase 4 - Long Term Strategic Plan Phase 5 - Short Term Business Plan - New logo and bus graphics - Bike racks on buses - Increased accessible buses - Initiated marketing Community Services March 23, 2009 Transportation Ongoing 71. Pilot Project Residential Parking Permit Program - Pilot Program July 1, 2009 to December 2010. Council May 25, 2009 Transportation Report to Council September 2010 72. TS- 2009 -39 Fourth Avenue - Temporary Use and Mitigation Plan for Access to Gale Centre — Presentation to residents May 27, 2010 to discuss mitigation measures. Community Services September 28, 2009 Transportation Report to Council June 14, 2010 73. Turning Lanes - Montrose Road Council August 31, 2009 Transportation The Region advised the intersection does not meet their criteria for painted radius lines. The Region's opinion is that painted radius lines would add confusion to drivers. 74. TS- 2010 -17 Inter Municipal Transit - Niagara Falls, St. Catharines and Welland are working together to establish a Tri City service proposal that would see a 3 -year triangular service pilot project funded by the Region Council February 22, 2010 Transportation Ongoing May 31, 2010 CAO- 2020 -05 75. Rail Ad Hoc Committee That staff arrange a meeting. Council May 10, 2010 Transportation Director of Transportation will provide the City Clerk with an e-mail for Council May 31, 2010 Respectfully submitted: - 12 - Ken Todd, Chief Administrative Officer CAO- 2020 -05