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2010/10/041) Approval of the September 20, 2010 Corporate Services Minutes. 2) REPORTS: COMMUNITY SERVICES COMMITTEE AGENDA a) MW- 2010 -57, LED Streetlighting - Pilot Study b) TS- 2010 -33 Intersection Control Review THIRTEENTH MEETING Monday, October 4, 2010 5:30 p.m. City Hall, Committee Room #2A & B c) TS- 2010 -47 Intersection Control Atack Court at Cheesman Street d) PD- 2010 -87 Location of Drug Treatment Clinics e) F- 2010 -55 2009 Consolidated Financial Statements f) F- 2010 -56 Municipal Performance Measures (Attachment to follow) 3) NEW BUSINESS: 4) ADJOURNMENT: a) Resolution to go into Closed Meeting. IN CAMERA SESSION STAFF CONTACT: Geoff Holman Karl Dren Karl Dren Alex Herlovitch Todd Harrison Todd Harrison MINUTES OF CORPORATE SERVICES COMMITTEE MEETING Monday, September 20, 2010, Committee Room 2, 5:45 P.M. PRESENT: Chair - Councillor Victor Pietrangelo, Carolynn loannoni, Mayor Ted Salci, Councillors: Wayne Thomson, Bart Mayes, Jim Diodati, Shirley Fisher, Janice Wing, and Vince Kerrio. ABSENT: All present STAFF: Acting CAO Todd Harrison, Ken Beaman, Alex Herlovitc, Bob Bolibruck, Geoff Holman, Dave Stuart, Chief Lee Smith, Trent Dark, Dean lorfida, and Teresa Fabbro, Steno. GUEST: Ed Nieuwesteeg, Alastair Davis, Marie Middlemiss. PRESS: Corey Larocque, Niagara Falls Review Steve Henschel, Niagara This Week 1) MINUTES: a) MOVED on the motion of Mayor Salci, seconded by Councillor Fisher that the Community Services minutes of the August 30, 2010 meeting be approved. Motion: Carried Action: Recommendation submitted to Council September 20, 2010. Councillor Pietrangelo stepped down as Chair as he declared a conflict to CD- 2010 -09 and Mayor Salci took the Chair. 2) REPORTS: a) CD- 2010 -09 Bellevue Street Property (Glenholme Avenue Road Allowance) MOVED on the motion of Councillor Thomson, seconded by Councillor Kerrio that Ed Nieuwesteeg be permitted to speak. Motion: Carried Unanimously Ed Nieuwesteeg, Patterson Funeral Home, provided the committee with some background of the property. Mr. Nieuwesteeg acquired the property with the intent of demolishing the home so the property would be used for additional parking for his current business. MOVED on the motion of Councillor Thomson, seconded by Councillor Kerrio that Mr. Davis be permitted to speak. Motion: Carried Unanimously -2- Alastair Davis, representing Habitat for Humanity, advised that Habitat will take on full responsibility of the home, including fundraising , financing etc. He indicated that they would be working with the school board to give highschool students the opportunity to earn credits in construction and at the same time creating affordable housing for Niagara Falls. MOVED on the motion of Councillor Wing, seconded by Councillor Kerrio that the report be deferred. Motion: Carried Action: Recommendation submitted to Council September 20, 2010 Councillor Pietrangelo resided as Chair. b) CD- 2010 -10 Chippawa Boat Dock Update MOVED on the motion of Councillor Thomson, seconded by Councillor Wing that staff continues efforts to solicit all applicable approvals to return the public boat dock to its original location on the south side of the Welland River, in time for next year's boating season; and That staff be directed to work with the Chippawa Public Docks Committee in their effort to realize a permanent wharf on the north side of the Welland River. Motion: Carried Action: Recommendation submitted to Council September 20, 2010 c) TS- 2010 -46 Inter - Municipal Transit Pilot Project MOVED on the motion of Councillor Kerrio, seconded by Councillor Wing that the following be approved: 1. That Council enter into a three -year pilot project agreement, with the Regional Municipality of Niagara, to provide inter - municipal public transportation. 2. That Council approve the purchase of three Orion transit coaches, funded from a Region of Niagara Grant, for inter - municipal service. 3. That Council approve the purchase of two Orion buses, funded from Provincial Gas Tax Subsidy, which will be utilized for our municipal service. 4. That RFP #P19 -2010, for the Supply of five Buses be awarded to Orion. 5. That the Mayor and City Clerk be authorized to execute the necessary agreement. Motion: Carried Action: Recommendation submitted to Council September 20, 2010 3) NEW BUSINESS: ORDERED on the motion of Mayor Salci, seconded by Councillor Thomson that staff prepare a report on the speed limits on Montrose Rd between Lyons Creek and Niagara Square. Motion: Carried Action: Recommendation submitted to Council September 20, 2010 4) ADJOURNMENT: MOVED on the motion of Councillor loannoni, seconded by Councillor Fisherthatthe meeting be adjourned at 6:20 p.m. and Committee move into an In- Camera Session. Motion: Carried Niagara,F04 REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Municipal Works MW- 2010 -57 Street Light Retrofit Evaluation Pilot Study MW- 2010 -57 October 4, 2010 That staff be authorized to commence a pilot study of new technology street lighting at various locations throughout the City; and further That the proposal submitted by the Devon Group /GAMS be approved at an upset limit of $37,000 plus $3,000 contingency; and further That funding for this project be allocated from the Street Lighting Services ($30,000) and Engineering Services ($10,000) accounts in the approved 2010 Current Budget; and that Council tour the test locations. Many municipalities are looking at ways to reduce their annual power charges by re- lamping their street light network with more efficient lighting technology. Preliminary cost estimates to change out the City's 9,954 streetlights would cost approximately $5 to $7 million. Before making any commitment of this magnitude it is appropriate to conduct a pilot study on a smaller scale in order to more accurately assess the effectiveness and efficiency of the available technology. Staff has received an unsolicited proposal from the Devon Group who is partnering with Ground Aerial Maintenance Systems (GAMS) to conduct a pilot study designed to determine if and how the City might proceed with a re- Tamping program. The cost of this pilot study can be funded from unspent resources in the Streetlighting Maintenance and Engineering Services accounts and could be completed this year. Municipal Works staff have received proposals and information from a number of suppliers encouraging the City to use their products to convert the existing streetlight network to a more efficient and environmentally friendly system. There are many published reports detailing the relative merits of each type of lighting. This proposal is different because the consultant has brokered an arrangement with a number of manufacturers to test their products at up to ten locations at the same time. October 4, 2010 -2- MW- 2010 -57 The purpose of this study is to provide a quantitative evaluation of the lighting performance and power consumption for a given quantity and over a given area of existing High Intensity Discharge (HID) street lights. A pre /post retrofit evaluation will allow us to select a preferred product. Prior to the retrofit the existing fixtures at each selected site will be cleaned and re- tamped by the City Street Lighting Contractor as required. ANALYSIS /RATIONALE This proposal provides a more thorough and comprehensive evaluation of available technology which will be useful in determining the feasibility of re- tamping the entire streetlighting network. The eleven test sites are listed below; 1. Fourth Avenue - Bridge Street to Gales Centre 2. Macklem Street - From Portage Road to the Niagara Parkway 3. Victoria Avenue - From Leader Lane to the Niagara Parkway 4. Dorchester Road - Calaguiro Drive to Mountain Road 5. Rolling Acres Drive /Oxford Street 6. Morrison Street - East of Dorchester 7. Pin Oak Drive - From McLeod Road to Canadian Drive 8. Deerfield Subdivision 9. Morning Glory Court - Off of Stanley Avenue, North of Portage Road 10. Beaver Valley Subdivision This study will help staff determine the potential for annual energy cost savings, pay -back periods, public acceptance and confirm new standards for roadway lighting throughout the City. FINANCIAL IMPLICATIONS The cost to re -lamp the test areas and set up commercial grade meters is expected to cost $30,000. The analysis of the data and report presented is expected to cost $10,000. These expenditures were not anticipated in the 2010 Current Budget however unspent funds in the Streetlighting Services and Engineering Services accounts can accommodate an expenditure of this scope. LEGAL IMPLICATIONS No agreement with the consultant is proposed however each will be required to name the City as an insured on their insurance policy. CITY'S STRATEGIC COMMITMENT This recommendation is consistent with the Council's strategic commitment to establish infrastructure investment priorities and to continue to monitor and improve the efficiency of the organization. October 4, 2010 LIST OF ATTACHMENTS ► Site area location maps. Recommended by: Respectfully submitted: Geoff Holman -3- MW- 2010 -57 Geoff Holman, Director of Municipal Works Ken T d, Chi: f Admi strative Officer 11 IS 1 1 I I r MIN 1\ z MO MB INN 1 j 11.\ BRIDGE ST HURON ST IMMO L. X111 r soolm nolom IIIII m MIN HAMILTON ST m MIS OMNI SIM 11 OMNI II NI NI MAPLE ST Bro- NOM 1,. VIM 0 rn 1 IL) rn 0 z MIN MO MS MI MN 1 111 UEEN ST • r • � Py JP HURON ST r I'I F rn L_ 7Z \ "g a r a ►►s Fourth Avenue Test Area Gale Centre Street Light Retrofit Evaluation Pilot Study This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are Intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks In using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and /or distributed without this disclaimer. K: \GIS_Requests\ 2010\ Custom\ 1ntemal\ MunWorks\ StreetLightRetrofrt \StreetLightRetrofit.map September 2010 1:nts FERGUSON ST L TT BUTTREY ST .�•� Test Area t — 1 Property Parcel Road 1 \i ;igar.if ;n11s Q- o Street Light Retrofit Evaluation Pilot Study Macklem Street Test Area This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and /or distributed without this disclaimer. K: \GIS _Requests \2010\ Custom\ Internal \M un W orks \StreetLightRetrofit \StreetLig htRetrofit. map September 2010 jr 1:nts ~ <q'yoNT F ' Test Area Property Parcel Road ga rafa1Is FERGUSON ST rn Victoria Avenue Test Area O z m Street Light Retrofit Evaluation Pilot Study 3 73 m . S. This data is provided as is and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and /or distributed without this disclaimer. K:\GIS_Requests\ 2010\ Custom \Internal \MunWorks \Streetl. htRetrofit \StreetLightRetrofit.map September 2010 u) 0 z 1:nts I 1\ I I , r — Tj Test Area L j Property Parcel Road • • Street Light Retrofit Evaluation Pilot Study a- c>!r� : ►s Dorchester Road Test Area 9 1 0 This data is provided as is and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are Intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and /or distributed without this disclaimer. K: \GIS_Requests\ 2010\ Custom \Internal \MunWOrks \Streetli • htRetrofit \StreetLl • htRetrofit.map September 2010 6iFFE EST 1:nts Test Area Property Parcel Road FORE RIDG pR Ti z -4 1;117 7i This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. KAGISJ1 •uests \2010\Custom \IntemahMunWorks\StreetLi•htRetrofit\StreetLi•htRetrofit.map Se•tember 2010 1 4 1 1 1:nts - Test Area r_ P °petty Parcel Road LLJ- TT -\. i a ga r afa /Is \ \— • 10 rn z rn \ A tLl Rolling Acres Drive Test Area 111.1.11111111.1 ! ■ 7 --- F --7 H.---.4 ' --L --i--. 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' _----1--- , I ; i ;,...- _-. __2._.___:__I-- ..--L....— GI -___, L .; 7 --- 1 _ ._ 1 , -,.., , 1 - , t--- !11•iHF--- t ___—k--- ,,L.,jt A -----4._ - 9 r ----------' L - 1 L twil 1,. ; ____i -..____ 1 I ' ,------, ,--it-TTP---1 ;-----1, t H t , t I., i.t..1_111.1.]_1._ DAWSON ST 1 H----i - 1 , _._._ , '1---- ---i--- Street Light Retrofit Evaluation Pilot Study --. . , . . , . . , . ■ ■ • ; ! I • , ', '. ', ', . i l ; l i ±1 -' -- This data is provided "as is and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks Si using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. K: \ GIS_Requests \2010 \Custom \Internal \MunWorks\StreetLightRetrofit\StreetLightRetrofit.map September 2010 lints .11•1111011111111. gpt,L AVE tiVa P s- 7 -' 7 c Test Area Property Parcel Road \ia aus Pin Oak Drive Test Area Sal Street Light Retrofit Evaluation Pilot Study CANA -- DIAN D I I \ , a i ' NosE RD - -- -J This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digttal images, or information, or hardcopies made from them may be reproduced and /or distributed without this disclaimer. K: \GIS_ Requests\ 2010\ Custom \Intemal \MunWorks \StreetLi. htRetrofit \StreetL;. htRetrofit.map Se. tember 2010 J LI\ 1:nts L. r' t Test Area Property Parcel Road /to( !-._._._. _ ARI t� `r , _ f - rn� i__ n - G CAV 1 4 +-�- CIC DR __.. 1 r T I � T I \ I 1 J 'lt,Is Deerfield Subdivision Test Area • L _I L__ D Street Light Retrofit Evaluation Pilot Study This data is provided as is" and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume at risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and /or distributed without this disclaimer. K: \GIS_Requests\ 2010\ Custom\ Internal\ MunWorks\ StreetLightRetrofit \StreetLightRetrofit.map September 2010 1:nts -i { 0' -- _ { O m ' Road i _e — RIDEAU ST WESTWOOD ST 1 I ■ Test Area 1 Property Parcel si DR N i agaraFalls Morning Glory Court Test Area \ \ 7 / , ? / \,, \ N Street Light Retrofit Evaluation Pilot Study - —.1 1 h H , , I _----i \ ---\ ,-<- „,,- PSON R / ,./ L ILL _L D ) / 1, i , --/ 7- - I ' 1.------- 1 , \ ,7 7"\---- - This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. KAGIS Requests \2010 \Custom \ Internal \ MunWorks\StreetLi tRetrofit\StreetLightRetrofit.map September 2010 1:nts Test Area Property Parcel Road ;n11 Beaver Valley Subdivision Test Area • _ -....,- 1 - -- -' -- ---- i - ---- \ 4- -- -- 1 ' t I i ...._____1_1,-- --d l . , ,. i ■ - - r 4-4, — I i i I ,••1 1 i id --- --i I __ .. . ' ! i r . —___ , , ti ! , ' / ., - ' -- -- . , . .--. . , • .. , . . , . , _ . • 1 , / 1 --- - \ \ – — .... ' ■ . , / r - '' - I., \ I .„) .4I. k. 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' ' \ i f .. i 03' ! ' ' t t / ' - 1, ' X 1 i / '' `4. ..i ; / .. i , _ _.. • „ f------ L -- H I I ----. ' '••• 4 >•• --. I Street Light Retrofit Evaluation Pilot Study t. i• ;1 1 fl • RACEY AVE 1 1 ; ' co This data is provided "as is" and the City of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further Mformation, please contact the City. The City shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. Users assume all risks in using this data. No part of these digital images, or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. K: \GIS R uests \2010 \Custom \Internal \MunWorks\Streetl: • htRetrofit\Streetl: htRetrofit.map Se ember 2010 . • 1:nts ; 1 ; -6k RD GROVE PKWY •■•••■■• Test Area Property Parcel Road <IN Niagara,Falls REPORT TO: Councillor Carolynn loannoni, Chair Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Transportation Services Department SUBJECT: TS- 2010 -33 Queen Street at St. Clair Avenue Queen Street at St. Lawrence Avenue Queen Street at Ontario Avenue Intersection Control Review RECOMMENDATIONS: EXECUTIVE SUMMARY: TS- 2010 -33 October 4, 2010 1) That the traffic signal at Queen Street and St. Clair Avenue be removed and replaced with an all -way stop. 2) That the traffic signal at Queen Street and St. Lawrence Avenue be removed and replaced with an all -way stop. 3) That an all -way stop be installed at the intersection of Queen Street and Ontario Avenue. The traffic signals at the intersection of Queen Street and St. Lawrence Avenue and at Queen Street and St. Clair Avenue are not warranted according to provincial installation guidelines. Thus, the right -of -way within the intersections may be adequately controlled with the installation of all -way stop signs. The signal removal will result in an annual saving of approximately $5,000 for maintenance and electricity charges. Further, the removal of the signal will eliminate the need for future rebuilds thus reducing future capital investment by approximately $150,000.00 per location. The BIA has discussed and voted on this at their September 13, 2010 meeting and are supportive of their removal and replacement with all -way stop signs. Furthermore, it is recommended that the intersection control at Queen Street and Ontario Avenue be replaced with an all -way stop to provide additional traffic control. Previous mitigating measures had been implemented to provide increased visibility at the intersection. However, the visibility is still limited given the on- street parking. The BIA is also supportive of this revision to the traffic control, and had on several occasions in the past request its modification. October 4, 2010 -2- TS- 2010 -33 BACKGROUND: The traffic signals on Queen Street and St. Clair Avenue and at St. Lawrence Avenue had been inoperative over the summer, and some traffic signal arms and heads removed during the construction of Queen Street. This was carried out to ensure construction vehicles did not damage the aboveground signal plant and due to the construction there was damage to the underground wiring that deemed the signals inoperative. The intersections were converted to all -way stop controls during this time period. A technical review was carried out to assess the intersection controls that would best serve the public. The results indicate that the technical warrants for traffic signals are not fulfilled at either intersection. The warrants take into consideration the volume of traffic on the main street, the volume of traffic on the side street in addition to the volume of vehicles and pedestrians crossing the intersection as well as visibility and collision history. Given the activity at the intersections the warrant values being Tess than 50% fulfilled, it is not foreseen that traffic signals will be warranted for another five years. Currently an expenditure of approximately $5,000 is carried out on maintenance in addition to electricity costs. Should signals not be warranted for another five years a savings of $25,000 may be realized in electricity and maintenance costs. Both traffic signals were rebuilt in 1990 and the average life span of traffic signals is approximately 20 - 25 years. Therefore, if the signals are maintained, a complete rebuild of the traffic signals of approximately $150,000.00 each will be incurred within the next five years. Installing all way stop controls will necessitate the realignment of curbs at the intersection. Currently there are near side bus stops at both intersections where bus layby areas are provided resulting in curb indentations. As this is where the stop controls would be installed it would be necessary to extend the curb to the travel lane to ensure visibility of the stop signs. When the bus driver stops to board and alight passengers, the vehicle will be within the travel lane. The BIA has been requested to provide input into the suggestion of replacing the traffic signals with all way stop controls. At their meeting on September 13, 2010, they voted to support the replacement of traffic signals with all -way stop controls. In addition, a review of the intersection of Queen Street and Ontario Avenue indicates that the intersection will operate at a satisfactory level of service with the installation of an all - way stop control. The traffic control devices will aid in providing additional visibility for motorists within the intersection. Similar to the above intersections, the curb (bus bay area) will need to be extended on the north side of Queen Street east of Ontario Avenue. The bus bay area on the south side of Queen Street west of Ontario Avenue had previously been removed through the installation of portable curbs. The BIA is also supportive of the change to the traffic control at this intersection. October 4, 2010 FINANCIAL /STAFFING The manufacture and installation of the all -way stop controls is estimated at $8,000 and is accounted for in the 2010 Operating budget. The removal of the signal will result in an annual saving of approximately $5,000 for maintenance and electricity charges. Further, the removal of the signal will eliminate the need for future rebuilds thus reducing future capital investment by approximately $150,000.00 per location. LIST OF ATTACHMENTS Study area drawing BIA letter Recommended by: Respectfully submitted: -3- TS- 2010 -33 Karl Dren, Director of Transportation Services i!�C i Ken Tod, Chief A dl �e Officer M. Carrick S: \General Administration \GA 1.01 Reports \2010 Community Services \10 Oct 4 \TS- 2010 -33 Queen Street - Intersection Control Review.wpd Thursday September 16, 2010 ATTENTION: Marzenna Carrick Manager of Transportation Engineering Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Ms. Carrick: Sincerely, Office Location: 4691 Ontario Avenue Mailing Address: P.O. Box 5 Niagara falls. ON LH, 6S8 Down‘ N iagar&all S Board of Management Toni Williams General Manager Downtown Board of Management At our BIA Board of Directors meeting of Monday September 13th, a motion was put forth, voted and passed unanimously, the motion is as follows; The BIA grants permission to the City of Niagara Falls to make use of the traffic signal poles on Queen Street and approves of 4 -way stops at all intersection including that of Ontario Avenue a Queen Street. If anything further is required please do not hesitate to contact the office. RECEIIYED SEP172010 i'RANS1'V T ' ;`I ION SFRt 1 Tel: 905 -356 -5444 Fax: 905- 356 -5667 biaa nia:aratallsduwntown.com www.niagarafalkdowntown.com ‘∎ vv w.quecn4treetniagaratal1,.rom NiagaraJa1Is REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND ANALYSIS /RATIONALE Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls Transportation Services Department TS- 2010 -47 Atack Court at Cheesman Street Intersection Control Review TS- 2010 -47 October 4, 2010 That a stop sign replace the existing yield sign facing southbound motorists on Cheesman Street at Atack Court. A stop sign is warranted facing southbound traffic on Cheesman Street at Atack Court. It will require that all drivers stop before entering the intersection. City Staff has been requested to investigate the feasibility of installing a stop sign at the intersection of Cheesman Street and Atack Court. Currently, a yield sign faces southbound traffic on Cheesman Street. Study results indicate that a stop control is warranted at the intersection of Cheesman Street at Atack Court. The visibility triangle requirements for a yield controlled intersection are not met thus warranting additional controls. This is common in developed residential areas with buildings and fencing normally constructed within the visibility clear zone. This triangle provides motorists sufficient visibility to view approaching vehicles and therefore be able to react appropriately. A collision review revealed that no collisions have been reported at the intersection of Cheesman Street at Atack Court, nor any of the roads extending from the intersection in the previous three -year period. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The installation of the stop sign is carried out by Transportation Services staff. The labour and material costs are accounted for in the Approved 2010 General Purposes Budget. Cost studies estimate that the cost to replace the sign is approximately $500. October 4, 2010 2 TS- 2010 -47 LIST OF ATTACHMENTS Study Area drawing. Recommended by: Respectfully submitted: Karl Dren, Director of Transportation Services . idd) Ken Todd, Chie Administrl tive Officer 1 II I PD- 2010 -87 NiagaraFalls October 4, 2010 REPORT TO: Councillor Carolynn loannoni and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2010 -87 Location of Drug Treatment Clinics RECOMMENDATION That Council send the resolution in the Council agenda petitioning the Province to require all methadone clinics to go through a mandatory community engagement process, as recommended by the Methadone Maintenance Treatment Practices Task Force (2007); and that the Province investigate location restrictions for clinics that deal with chemical dependency drugs. EXECUTIVE SUMMARY The Planning Act provides for the zoning of different types of commercial land uses such as banks, restaurants, clinics and health centres, however, it does not permit the zoning of types of people or their activity. There exists a stigma associated with methadone treatment which is not necessarily borne out by crime statistics. In fact, the dispensing of methadone has happened at area pharmacies without incident. In addition, most would agree that the provision of such services is necessary in most communities. City staff is not recommending any resolution to this issue through zoning, municipal licensing or by -law control. Staff has proposed a resolution to the Provincial Minister of Health requiring a community engagement process for methadone management treatment programs as proposed in the province's 2007 Task Force on the issue. BACKGROUND At the July 19, 2010 meeting, Council passed a motion that staff report back on the proposed methadone clinic across from St. Patrick's, advise what can be done to prevent this use from being located near sensitive uses, such as schools and churches, in the future and petition the Province for guidelines. Methadone and Methadone Maintenance Treatment Methadone is a synthetic opioid that is taken as a liquid by mouth, and has fewer side effects than many opiates. The longer duration of action largely eliminates the euphoria associated with most other opiates, whether illicit or prescribed. In addition, methadone is playing a larger role in the management of chronic musculoskeletal and cancer - related pain. October 4, 2010 - 2 - PD- 2010 -87 Methadone Maintenance Treatment (MMT) programs have been successful in reducing death among opiate users, decreasing overall drug use and reducing crime as a means to raise the funds needed to sustain illicit opiate use. Physicians in Ontario who prescribe methadone must apply for a specific exemption under Section 56 of the federal Controlled Drugs and Substances Act to do so. In addition, the College of Physicians and Surgeons of Ontario (CPSO — the licensing authority for physicians in Ontario) requires that all physicians who prescribe methadone for treating opiate dependency complete additional training offered by the Centre for Addiction and Mental Health (CAMH) or other equivalent. In 2006, the Provincial government created the Methadone Maintenance Treatment Practices Task Force to provide advice on best practices, including community engagement. The report was released in 2007 with more than two dozen recommendations. Information of Proposed Use for 4632 Victoria Avenue The Building Division issued a building permit on July 6, 2010 for interior improvements to the existing building for a medical clinic. The property is zoned (GC) General Commercial. A medical clinic is a permitted use within this zone. It was subsequently learned that the proposed operation would be better characterized as a referral agency for people who suffer from drug addictions. The client would meet with medical staff, who would prescribe a treatment plan with a goal toward ending the cycle of dependence. There would be no dispensing of drugs at the Victoria Avenue address. The dispensing would occur at the nearby pharmacy, which has been doing so for some time without incident; therefore, the proposed use could not be described as a methadone clinic. ANALYSIS/ LEGAL IMPLICATIONS The following section looks at the traditional measures municipalities use to control uses: Land Use Planning Staff has researched the municipality's ability to control the location of drug treatment facilities through the Planning Act. While the Planning Act provides the opportunity to restrict particular land uses in the zoning by -law, it does not allow the zoning by types of people or their activity. By excluding a drug treatment centre from inclusion as a clinic, it has the effect of targeting people in need of treatment. As indicated, the dispensing of methadone could occur at a pharmacy or even a licensed doctor's office. Since pharmacies are required to serve a broad range of people for medications, it is highly unlikely there would be a pharmacy that only serves those with drug addictions. Defining the offending use of a "methadone clinic" will be challenging. Research would have to be conducted in order to understand what it is about the land use that is offensive, how those characteristics of the land use can be defined and what regulations would effectively isolate and control those characteristics. October 4, 2010 - 3 - PD- 2010 -87 It is also questionable whether the proposed referral agency could even be described as a methadone clinic. Although Council could contemplate an effort to use zoning or by -laws to dictate the location or spectrum of services offered by physicians in the community, any proposed by -law would not apply to the Victoria Avenue operation, which would become a legal non - conforming use. If one is to look at the location of medical clinics, they are generally found in commercial areas and near transit routes. Locating the clinics in areas which are commercial in nature helps these uses blend in with the surrounding land uses. Separating uses removes the ability to access services and creates a further isolation of an already marginalized group of people. Licensing The Municipal Act, 2001 forbids the use of the licensing authority to regulate the location of land uses. It is the understanding of Legal Services that the clinics in question are staffed by physicians. Physicians are licensed by the province. A municipal by -law may not conflict with provincial legislation but it would be a challenge to devise a licensing scheme governing the conduct of physicians that does not conflict with provincial legislation. Nuisance The perception in the public of methadone clinics is that they attract an undesirable element that congregates and is offensive to the nearby residents and businesses. If such a congregation is actually seen to occur and demonstrates itself to be a problem, Council could consider its powers to regulate nuisances; however, Council is advised to proceed with extreme caution. Any proposed by -law would have to be crafted extremely carefully and be supported by convincing evidence of harm or the objective risk of harm before such a by -law could be found to comply with the Canadian Charter of Rights and Freedoms. Methadone clinics have existed in our community. They usually elicit concern but there is no substantial evidence to show that they have lead to increased crime in the community. A call to the local police indicated that the call outs to an area clinic have been minimal. The Police have had more call outs to a nearby liquor licence establishment. Integration of MMT into Communities The Methadone Maintenance Treatment Practices Task Force report (see excerpt attached) highlighted the public stigma associated with methadone clinics: There is a perception that people who are opioid dependent are violent, have criminal tendencies and are to be avoided at all costs. This stigma creates fear in the minds of the public - "our residents no longer feel safe." The Task Force recommended an anti - stigma strategy, similar to what the Canadian Association of Mental Health did to reduce the stigma associated with mental illness. MMT should be viewed as any other medical service developed to combat addiction. Most would agree that clinics treating a variety of addictions are necessary in all communities and the goal of any caring community would be to assist those individuals who have addictions to allow them to be treated, cured and contributing members of society. October 4, 2010 The Methadone Maintenance Treatment Practices Task Force report highlights the need for treatment facilities to better integrate into their respective communities: Clinics that provide MMT services may not even realize that they have a relationship to contribute positively to the community in which they are located. The Task Force admitted that such integration was generally not well done and that there is a responsibility of such providers to follow the principles of openness and community engagement. With this in mind, staff has drafted a resolution to the Province, on the Council agenda, making such a community engagement process mandatory. LIST OF ATTACHMENTS: ► An excerpt of Methadone Maintenance Treatment Practices Task Force Report Recommended by: Respectfully submitted: BB /DI /KB /AH:gd S: \PDR\2010 \PD- 2010 -87, Location of Drug Treatments.wpd - 4 - PD- 2010 -87 Alex Herlovitch, Directo of Planning, Building & Development Ken Todd, Chjef Ad ' nistrati Officer WA° 72 Part C: Deliberations and Recommendations Integrating Methadone Maintenance Treatment into Residential Communities There are a number of difficulties in trying to integrate MMT into residential communi- ties, for example, fear of increased health risks from infectious diseases and concerns about safety, drug - related criminal activity and declining property values. Clinics that provide MMT services may not even realize that they have a responsibility to contribute positively to the community in which they are located. Over the course of the consultations, it became clear that the integration of MMT practices into residential communities is generally not well done. Often, providers are not members of the community and have no local networks beyond the patients they see. As one person noted, "It's not great having a medical `fly -in' where the doctor doesn't live in the community or have an interest in it." By the same token, task force members often heard that communities did not treat patients with respect, resulting in loss of dignity. The task force believes that the principle of openness and community engagement should guide the integration of methadone clinics into neighbourhoods. A consistent comment heard from community members who were angry with a methadone clinic in one neigh- bourhood was the secrecy under which the clinic appeared. Comments included: • "There was no prior warning, no community consultation (although this is recom- mended by the Centre for Addiction and Mental Health)." • "There was a lot of secrecy about this clinic. We were told one week before the clinic was established. We should have been consulted." • "The provider needs to be engaged with the community. Maybe this should be a criterion of licensing these clinics." Clinics and physicians who provide MMT need to engage with and contribute to the community in which they are located. Most physicians who provide MMT are independent businesspeople who are free to establish their clinics where they want, subject to local bylaws. This is also true of pharmacists. However, organizations funded by the Ministry of Health and Long -Term Care or Local Health Integration Networks should be required to engage the community when planning to provide MMT services. "Community" should be broadly defined to include businesses, local pharmacists, the local police, local politicians, the Medical Officer of Health, media, local places of worship, landlords, people receiving MMT and others. The community planning guide of the Centre for Addiction and Mental Health (CAMH) should also be updated and distributed as a resource. Other publications should be examined for innovative ideas and approaches. For example, Yes, in My Back Yard is a guide and tool kit for Ontario's supportive housing providers to help those creating new supportive housing. It includes tips for community consultations, tangible steps to develop a strategy and 15 predictable objections and how to deal with them. CAMH should also provide consultative support to help guide the integration of MMT services into communities. METHADONE MAINTENANCE TREATMENT PRACTICES TASK FORCE MARCH 2007 When they are being designed and once they are established, MMT practices should have community advisory /liaison group. Providers should contact a few carefully selected neighbours, such as a resident, a retailer, a representative of the local police force, a member of the local municipal counsellor's office and, possibly, a member designated by the Local Health Integration Network. These groups would regularly review: • community and neighbourhood needs, standards and resources • the context and mission of the healthcare providers • service gaps for patients and communities • patient and public behaviour • clinic design and non - clinical operations. The groups would also promote and enable: Part C: Deliberations and Recommendations 73 • an appropriate clinical setting that serves both patients and the community • excellence in the clinic's form, function and environment to create peaceful co- existence of the community with the clinic • contributions by the community to normalize the lives of the patients. At a basic level, clinics and providers need to contribute to the community by: • keeping the inside of the clinic well maintained • improving and maintaining the physical environment outside the clinic • discouraging loitering • giving clients an appropriate place to congregate • maintaining an effective flow of clients into and out of the clinic that is respectful of the clients and their time, and of the community. On this last point, a few methadone prescribers noted in the consultations that they do not schedule appointments because many clients do not show up. Many other prescribers, however, commented on the value of scheduled appointments as part of treatment: • "We make appointments, which is part of the treatment. People need structure and they need to be responsible." • "Scheduling appointments really helps, since there aren't blocks of people appearing all at once. It keeps things orderly. We tell clients that if they like the clinic they need to keep it clean." • One person receiving MMT noted, "Sometimes I can wait hours for a visit because there are no appointments. I know the problem is no- shows, but maybe there should be appointment days. Appointments are good for structure." Community advisory /liaison group meetings can be called by any member of the team. It is the informal and proactive interaction that will make the work effective. According to interviews with members of the police force, this is standard practice with many social METHADONE MAINTENANCE TREATMENT PRACTICES TASK FORCE MARCH 2007 74 Part C: Deliberations and Recommendations service organizations. In addition to groups, clinics should also develop a "peer support model."'" This would encourage clients to take pride in the clinic and its surroundings, go out into the community to tell their stories and meet regularly to address issues. The task force recommends that: R20 the Centre for Addiction and Mental Health, in collaboration with the Ministry of Health and Long -Term Care, update its resource book to guide the introduction of methadone maintenance treatment services into communities. This resource book should support the principle of openness, identify clear steps on engaging the commu- nity, and include requirements to establish community advisory/liaison groups and use a peer support model. In addition, CAMH should provide consultative support to help guide the integration of MMT services into communities. F- 2010 -55 NiagaraFalls October 4, 2010 CAN U1 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -55 2009 Consolidated Financial Statements RECOMMENDATION For the information of the Corporate Services Committee EXECUTIVE SUMMARY The City's auditors, Crawford, Smith & Swallow has completed the audit of the financial statements for the year ending December 31, 2009. This report is the presentation of those statements for Council's review and endorsement. The firm's audit partner will provide an overview of the Financial Statements for Council. BACKGROUND The City of Niagara Falls is required to have an annual audit conducted by a qualified accounting firm to meet its obligations legislatively and forthe banking covenants. The City has engaged Crawford, Smith & Swallow to perform the audit and they have issued an opinion on the financial statements. In addition to the statements, the auditors have reviewed the City's Financial Information Return (FIR) submission to the Province of Ontario. The statements reflect the requirements of PSAB 3150 for capital asset accounting. LIST OF ATTACHMENTS A DRAFT copy of the audited Financial Statements for the year ended December 31, 2009 are attached. Final version will be handed out at Committee. Todd Hadrison. Dir •c •r of Finance Recommended by: Respectfully submitted: TI-1/1w Ken Todd! Chief dminis ative Officer CORPORATION OF THE CIT NIAGARA FALLS, ONTA Consolidated Financial Statetpentt, December 31 crawford smith c8), swallow CORPORATION OF THE CITY OF NIAGARA FALLS; ONTARIO Consolidated Financial Statements December 31, 2009 Table of Contents Page Auditors' Report 1 2 Consolidated Statement of Operatio dice. ula ed Surplus 3 Consolidated Statement of Financia" 'osit %,on Consolidated Statement of Cash- a 4 Consolidated Statementof Change'e_ et Ftnancial Assets 5 6 -23 Schedule of Segmented Rep 'ou g 24 - 25 Schedules of Tangible Capital sets 26 - 27 Auditors' Report - Trust Funds 28 Statement of Financial Position - Trust Funds 29 Notes to Consolidated F ancial Staten; ents Statement of Financial Activities and Changes in Fund Balances - Trust Funds Notes to Financial Statements - Trust Funds 30 31 - 32 Crawford. Smith and Swallow Chartered Accountants LLP 4741 Queen Street Niagara Falls, Ontario L2E 2M2 Telephone (905) 356 -4200 Telecopier (905) 356 -3410 Offices in Niagara Falls, Ontario St Catharines, Ontario Fort Erie, Ontario Niagara-on-the-Lake, Ontario Port Colborne, Ontario crawford smith A swallow AUDITORS' REPORT To the Members of Council, Inhabitants and Ratepayers of Corporation of the City of Niagara Falls, Ontario We have audited the consolidated statement of 1 Niagara Falls, Ontario as at December 31, 2009 a accumulated surplus, cash flows and change in ne consolidated financial statements a e resp responsibility is to express an opi ,ryo. on t `LL= se finan We conducted our audit in accor Those standards require that we plan the financial statements a basis, evidence support includes assessing throx, as well as evaluating the `a- In our opinion, these conso financial position of the city a flows for the year then ende, principles. 1 position of the Corporation of the City of nsolidated statements of operations and ssets for the year then ended. These y of the city's management. Our al statements based on our audit. dian generally accepted auditing standards. erfonn "an audit to obtain reasonable assurance whether *sstatement. An audit includes examining, on a test an sclosures in the financial statements. An audit also iple used and significant estimates made by management, al statement presentation. ancial statements present fairly, in all material respects, the ecember 31, 2009 and the results of its operations and its cash in accordance with Canadian generally accepted accounting Niagara Falls, Ontario April 28, 2010 CRAWFORD, SMITH AND SWALLOW CHARTERED ACCOUNTANTS LLP LICENSED PUBLIC ACCOUNTANTS 1 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF FINANCIAL POSITION December 31, 2009 Financial Assets - note 8 Cash Investments - note 4 Taxes receivable - note 5 Accounts receivable User charges receivable Long -term receivables Note receivable - note 6 Long -term investment - note 6 Long -term investment - note 7 Contingent Liabilities - note 18 Liabilities Temporary loan - note 8 Accounts payable and accrued liabilities Deferred revenue - obligatory reserve funds - note 9 Deferred revenue Other current liabilities Post - employment benefits - not Net long -term liabilities - note 1 Net Financial Assets See accompanying notes Non - Financial Asse Tangible capital asset Inventories and prepaid e1p,enses Accumulated Surplus - note i Signed on behalf of the Municipality: Mayor Chief Administrative Officer crawforrl smith Z, swallow 2009 1, 202,79 48,548,138 26,547,895 16,760,794 6247,016 §1,301 522,378 000,000 4,338 254 2008 52,516,684 24,570,818 17,381,152 4,332,595 12,794,793 456,421 22,000,000 65,741,967 1,064,155 200,858,585 28,477,426 5,998,233 29,168,928 22,485,980 13,727,990 15,590,119 307,927 194,075 1,212,194 1,251,620 23,833,116 22,039,371 30,099,414 30,092,531 126,826,995 97,651,929 75,968,119 103,206,656 552,608,478 491,089,234 1,091,820 859,436 553,700,298 491,948,670 629,668,417 595,155,326 2 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF OPERATIONS AND ACCUMULATED SURPLUS for the year ended December 31, 2009 Revenues Taxation - note 5 User fees and charges Government of Canada grants Province of Ontario grants Other municipal grants Provincial Offences Act Interest and penalties Investment income Casino and gaming revenues Change in Niagara Falls Hydro Holding Corporation net equity - note 6 Niagara Convention & Civic Centre Inc. net income - note 7 Contributions from Obligatory Reserve Funds Proceeds on disposal of property Other Loss on disposal of tangible capita 1 Expenses General government Protection to persons an Transportation services Environmental se Health services Social and family service Recreation and cultural se Planning and development Excess of Revenues Over Expenses Accumulated Surplus, Beginning of Year Accumulated Surplus, End of Year See accompanying notes Budget 57,757,813 43,780,490 2,500 7,331,733 19727,706 11,283,076 16,980,399 25,397,194 30,451,717 1,881,471 12,987,347 5,687,934 104,669,138 15,058,568 595,155,326 610,213,894 crawford smith A8 swallow 2009 58,371,552 44,718,071 15786,884 . 0,475 154,351 151,130' T }- .158,217 2,386,000 (:4,796 1,995,Q9Q, 3, °` 112 2,860412 2,60 2,192, 71 289,099 7,420,972 2,329,311 3,537,815 (297,'140) 151,535,886 12,494;575 17,800,423 29,679,256 34,727;227 1,854,090 513,19 14,422,624 5,531,402 117,022,795 34,513,091 595,155,326 629,668,417 2008 58,244,038 46,136,414 8,536 27,274,501 2,273,241 242,233 2,354,101 3,537,900 2,600,000 21,518,758 167,579 6,487,990 1,61 1,670 1,706,978 (105) 174,163,834 13,349,217 18,487,099 30,436,089 32,420,002 1,979,055 500,275 14,217,445 5,870,169 117,259,351 56,904,483 538,250,843 595,155,326 3 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF CASH FLOWS for the year ended December 31, 2009 Operations Excess of revenues over expenses Sources (Uses) Change in investments Change in taxes receivable Change in accounts receivable Change in user charges receivable Change in long -term receivables Change in inventories and prepaid expenses Change in temporary loans Change in accounts payable and accrued liabilities Change in deferred revenue - obligatory reserve funds Change in deferred revenue Change in other current liabilities Change in post - employment benefits Non -cash charges to operations Amortization of tangible capita Loss on disposal of tangible c Net increase in cash from operations tal assets Capital Acquisition of tang1 capital as Investing Change in Niagara Falls dro He ding Corporation equity Change in Niagara Conve'''on :Civic Centre Inc. equity Net decrease in cash from in sting Financing Long -term debt issued Long -term debt repaid Net increase (decrease) in cash from financing Increase (Decrease) in Cash Position Cash Position, Beginning of Year Cash Position, End of Year See accompanying notes (1,977,077) 620,358 1,9%4,421) (86,508) 65,957) 2,384) 22,4 93 6,68 9 (1,862,129) 113,852 (39,426) 1,793,745 25,512,194 crawford smith C& swallow 2009 2008 $ $ 34,513,091 56,904,483 14,311,919 297,140 14,609,059 74,634,344 (76,128,303) (2,192,371) (289,099) (2,481,470) 2,959,604 (2,952,721) 6,883 (3,968,546) 52,516,684 48,548,138 (1,257,249) (1,781,698) 1,616,029 (3,553,788) 38,620 (107,311) 5,998,233 (965,165) (101,807) (349,746) (150,018) 1,444,088 830,188 13,725,992 105 13,726,097 71,460,768 (43,859,060) (21,518,758) (167,579) (21,686,337) (2,814,321) (2,814,321) 3,101,050 49,415,634 52,516,684 4 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO CONSOLIDATED STATEMENT OF CHANGE IN NET FINANCIAL ASSETS for the year ended December 31, 2009 Excess of Revenues over Expenses Acquisition of Tangible Capital Assets Amortization of Tangible Capital Assets Loss on Disposal of Tangible Capital Assets Chan ' e in Inventories and Pre t aid Ex . enses Increase (Decrease) in Net Financial Assets Net Financial Assets, Beginning of Year Net Financial Assets, End of Year See accompanying notes crawford smith (, swallow 2009 2008 $ $ 34,513,091 56,904,483 (76,128,303) (43,859,060) 1 11,919 13,725,992 297,140 105 232,384 107,311 (27,8 537) 26,664,209 ws 103,20 51 76,542,447 75,968;19 103,206,656 5 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 1. Significant Accounting Policies The consolidated financial statements of the Corporation of the City of Niagara Falls, Ontario (the "Municipality ") are the representations of management prepared in accordance with local government accounting standards established by the Public Sector Accounting Board ( "PSAB ") of the Canadian Institute of Chartered Accountants with the exception of providing budget figures (note 17). (a) Basis of consolidation (i) These consolidated financial statements reflectthe ssets, liabilities, revenues and expenses of the operating fund, reserves, reserxe funds and changes in investment in tangible capital assets. It includes the activities of Ali, committees of council and the following boards, municipal enterprises and utilb :which are under the control of council: Library Board Waterworks Operation Clifton Hill Business Im Downtown Board of Ma Fallsview Business Imprd Lundy's Lane Business Im Main & Ferry Business Im A Victoria & Cori'' =a usiness rovement ment nt Area ivriett 'rea vemeArea pro ement Area Board of Niagara Ch Niagara Falls ro: d : Corporation Niaga a k Conve ° & Civic Centre Inc. crawford smith C8), swallow The Niagara ;'_ Hy. a Holding Corporation ( "NFHHC ") and Niagara Cony .a ;. •n & Civi Cen e Inc. ( "NCCCI ") are accounted for on a modified equity .Is, consist -' with the accounting treatment for government business enterprise Under tc modified equity basis, the business enterprise's accounting principles ar of a ®justed to conform with those of the Municipality, and inter - organizationa' ;. sactions and balances are not eliminated. The Municipality recognizes its equity interest in the annual income or loss of NFHHC and NCCCI in its "Consolidated Statement of Operations and Accumulated Surplus" with a corresponding increase or decrease in its investment asset account. Any dividends that the Municipality may receive from NFHHC and NCCCI will be reflected as reductions in the investment asset account. 6 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 1. Significant Accounting Policies - continued (a) Basis of consolidation - continued (ii) Partial- consolidated entity The following j oint local board is proportionately consolidated. See note 16. Niagara District Airport Commission (Joint Board) (iii) Accounting for Region and School Board transactions The taxation, other revenues, expenses, assets.aridxliabilities with respect to the operations of the school boards and the Region of Niagara are not reflected in the municipal fund balances of these consolidated, financialstatements. . Trust funds and their related operatjo administered by .tie Municipality are not consolidated, but are reported separ .,n the "Trust Funds Statement of Financial Position and Statement of Fin qial Activities and Changes in Fund Balances ". (b) Basis of accounting (iv) (i) Trust funds Revenues and expenses are reported on (ii) The accrual basis of a measurable; expe result of receipt (iii) Investments Investments corporati Investna value; (iv) Non -fin crawford smith 2, swallow e ac basis of accounting. nting recignize: evenues as they become available and ecogni d as they are incurred and measurable as a services 41 the creation of a legal obligation to pay. consist @i Government of Canada treasury bills and crown rovi 'g'al - overnment bonds; and Canadian corporate bonds. ded a he lower of cost plus accrued interest and market ble 6n demand. Non -financ aka.. sset re not available to discharge existing liabilities and are held for use in the f j;'sion of services. They have useful lives extending beyond the current year, a 'e" are not intended for sale in the ordinary course of operations. The change in non - financial assets during the year, together with the excess of revenues over expenses, provides the change in net financial assets for the year. (v) Tangible capital assets Tangible capital assets are recorded at cost. Cost will include all directly attributable expenditures in the acquisition, construction, development and/or betterment of the asset required to install the asset at the location. 7 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 1. Significant Accounting Policies - continued (b) Basis of accounting - continued (v) Tangible capital assets - continued Amortization is recorded to reflect the cost, net of anticipated residual value, associated with the use of the asset in providing government services on a straight - line basis over the estimated useful life of the asset. Assets under construction are not amortized until the asset is available for produRt ve -use, at which time they are capitalized. Gains and/or losses on the disposal o an asset will be recorded on the "Consolidated Statement of Operations and Accurnuulated Surplus" as "gain/loss on disposal of assets ". Asset Class ' General Assets Land Land improvements Buildings Furniture and equipment Vehicles Infrastructure Environmental Roads Water Tangible assets recei the date of we and to third oaties as of date of tra The histocal cost o these assets nor discle Peri,d 30 -10o years 075 years -100 years utions are recorded at their fair market value at also recorded as revenue. Similarly, transfers of assets an expense equal to the net book value of the asset orks of art or historical treasures has not been assigned to ed in the consolidated financial statements. Inventories Inventories are anted at average cost. Deferred revenue Funds received for specific purposes are accounted for as deferred revenue until the Municipality discharges the obligation which led to the receipt of the funds. Government transfers Government transfers are recognized in the period in which the events giving rise to the transfers occur, providing the transfers are authorized, eligibility criteria are met, and reasonable estimates of the amounts can be made. crawford smith swallow 8 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 1. Significant Accounting Policies - continued (b) Basis of accounting - continued (ix) Use of estimates The preparation of the financial statements in conformity with Canadian generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts ok assets and liabilities and disclosure of contingent assets and liabilities "the dates of the financial statements and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. 1 2. Change in Accounting Policies The Board adopted Section 1200 and Section 3150 of the PSAB andbook. Section 1200 refers to general reporting principles and sandard: related tO: government financial statements. Section 3150 provides guidance 'on Vie`- ree ition and disclosure of tangible capital assets in government financial statements `'= hese accounting changes have been applied on a retroactive basis and the prio ;eriod fig ' :s have been restated in the following manner: 2008 Accumulated Surplus: Operating fund balance 4,994,789 Capital fund balance r '� (8,965,920) Reserve and reserve funds 71,363,003 Niagara Falls Hydro Hold' • : Co . ® .tion net equity 87,741,967 Niagara Conventioi -& net equity 1,064,155 Amount to be re9. 'ered pos ent benefits (22,039,371) Amount to be rec r .,tired long- ; liabilities (30,092,531) Accumulated surpl sHas previoly reported 104,066,092 Tangible capital assetat bgk value 491,089,234 Accumulated surplus, a #� sted 595,155,326 Excess of Revenues over Expenses: Excess of revenues over expenses, as previously reported 26,771,520 Assets capitalized but previously expensed 43,859,060 Amortization expense not previously recorded (13,725,992) Loss on disposal of assets (105) Excess of revenues over expenses, as restated 56,904,483 crawford smith at swallow 9 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 3. Operations of School Boards and the Region of Niagara Further to note 1(a)(iii), the taxation, other revenues, expenses and overlevies of the school boards and the Region of Niagara are comprised of the following: Taxation and user charges Payments -in -lieu of taxes Amounts received or receivable Requisitions Overlevies (Underlevies) at the end of year 4. Investments 5. Tax Receivables and Revenue o instit sess School Boards 2009 2008 $ $ 44,002,517 3,251 44,005,768 44,005,768 44,219,105 3,290 Investments have a book value of $ 26,547, $ 26,546,047 ($ 25,646,105 - 2008). d bthe Municipality based on an assessment roll prepared orafion ("MPAC"). The property tax receivables are subje to measurement uncertainty as a significant Property tax billings are pry by the Municipal Property Ass and tax revenue of the Municipa d by et have yet to be heard. The Municipality has iaccounts in the amount of $ 920,000 ($ 920,000 - number of appeals slit established an alio ance 2008). The Province of Oil Bill 79, which limite each of 1999 and 20 experiencing decreases increases. The Province has enacted Bill 140, which serves to extend the capping provisions of Bill 79 indefinitely. The new legislation will limit assessment related increases in property tax bills to 5 %. ted a mandatory capping program through the provisions of nt related increases to 10% in 1998, and an additional 5% in ulti- residential, commercial and industrial property owners e also capped at appropriate levels to fund the phasing -in of crawford smith Z. swallow 44,222395\ 74,368 44,222,395 74,377 Region 2009 2008 $ $ 7,178,787 66,170,404 199,181 7,491,680 73,662,084 73,662,084 818 - 2008) and a market value of 10 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 6. Investment in Niagara Falls Hydro Holding Corporation Statement of Financial Position Current assets Capital assets Other assets Total Assets Current liabilities Other liabilities Note payable Long -term debt Non - controlling interest - see below Total Liabilities and Other Statement of Financial Activities Revenues Operating expenses Net income before non- corrtr Non - controlling interest - see b Net income Change in account g poli Contributed ss - see belo Change in NFHH et Equi crawford smith Cc. swallow 43,557,883 44,537,453 1109,200 110,570,101 1,593 2,486,872 2009 2008 $ $ 408,676 157,594,426 30 X4,275 12,8 i 67 22,000, iX 11,863 45 15,912,251 40,120,439 10,136,562 22,000,000 4,237,226 15,358,232 93,474,338 91,852,459 67,934,338 65,741,967 124,524,457 123,962,822 121,520,235 120,993,558 3,004,222 2,969,264 681,519 661,200 2,322,703 (130,332) 2,308,064 2,935,226 16,275,468 2,192,371 21,518,758 On January 1, 2008, alls Hydro Inc. ( "NFHI ") acquired Peninsula West Utilities Limited ( "PWUL ") by 'a of amalgamation pursuant to a Merger Agreement dated December 19, 2007 and continued on as Niagara Peninsula Energy Inc. ( "NPEI "). Niagara Falls Hydro Holding Corporation received 74.50% of the issued and outstanding common shares of NPEI. Effective January 1, 2008, NPEI adopted the CICA Handbook Section 3465 - Income Taxes in order to account for future payments in lieu of corporate income taxes. The excess of the fair value of the common shares issued to Peninsula West Power Inc. over the carrying value of PWUL's net assets immediately prior to the merger has been recorded as contributed surplus on the balance sheet of NPEI. 11 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 7. Investment in Niagara Convention & Civic Centre Inc. Statement of Financial Position Current assets Capital assets Total Assets Current liabilities Net Assets Statement of Financial Activities Revenues Operating expenses Net Income The Niagara Convention & Civic Centre 2006 under the laws of the Province of Corporation of the City of Niagara Falls, The Centre was organized to o - owned by the Corporation o facility on a non - profit ba requirements covered by a $ 1 City of Niagara Falls Ontario Corporation of the Area, the Niagar the Centre h development stage. the "Cee was incorporated in January, o,. The Centre is owned 100% by the allsview Business Improvement Area. or a convention and civic centre facility to be a Falls, Ontario. The Centre will operate the tial operating shortfalls or future capital stablished primarily by the Corporation of the llsview Business Improvement Area, as well as the s, Ontario Victoria/Centre Business Improvement nd the Niagara Falls Bridge Commission. To date, ificant operating revenues and is considered in the crawford smith Ut swallow 2009 1,331,707 96,091 1,427,798 74,544 3,254 1,143, 854,624 2008 977,405 138,651 1,116,056 51,901 1,064,155 1,127,760 960,181 289,099 167,579 12 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 7. Investment in Niagara Convention & Civic Centre Inc. - continued The Corporation of the City of Niagara Falls, Ontario Fallsview Business Improvement Area is committed to funding the Centre $ 15,000,000, the Corporation of the City of Niagara Falls, Ontario Victoria/Centre Business Improvement Area is committed to funding the Centre $1,500,000, the Niagara Parks Commission is committed to funding the Centre $ 375,000 and the Niagara Falls Bridge Commission is committed to funding the Centre $ 125,000. All amounts are payable over fifteen years. The construction of the Centre is expected to cost approxintely $ 84,600,000. This is to be Evan funded through grants to be received from varioussoures. $ 35,000,000 has been committed by the Federal Government, of which $,14; has been received as at December 31, 2009. $ 35,000,000 was committed and recei,d from the Province of Ontario and $ 14,600,000 was received from Fa11sYitew Management ofporation, both, as at December 31, 2009. 8. Credit Facilities The Municipality has an authorized opera #1 ") bearing interest at prime less 0.7% to finance current expenditures. An autho $ 29,500,000 ( "Facility #2 ") bearing intere construction of a new four pad a a comple related to commercial cards & otia VIS rate are per cardholder a $ 1,000,000 ( "Facility #4" Community Improvement Progr A. As on Facility #2 and 1 as o en I r secured by a borr security agreem 9. Deferred Revenue - The following balanc provincial legislation re these funds may be refun 2% Parkland dedication Public purpose Federal gas tax rebate - transit Provincial gas tax rebate - transit Discounted development charges Non - discounted development charges loan du demand of $ 21,000,000 ( "Facility t with ' e ,t1 operating requirements and to evolvin`� term loan due on demand of e less 0.25% to assist in financing A cr facility of $ 2,000,000 ( "Facility #3 ") busi ess cards whose availment and interest d revolving term loan due on demand of prime less 0.25% to assist in financing the cember 31, 2009, $ 28,500,000 has been drawn n upon for Facilities #1 and #4. All credit facilities are t h(s) containing a pledge of revenues and a general eserve Funds fleeted as deferred revenue - obligatory reserve funds as how these funds may be used and under certain circumstances c awforrl smith C& swallow 2009 2008 $ $ 1,053,368 1,110,569 447,577 614,823 3,161,124 700,706 345,637 2,112,263 2,873,051 3,280,167 5,847,233 7,771,591 13,727,990 15,590,119 13 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 10. Post - Employment Benefits Post - employment benefits Accumulated sick leave WSIB - Schedule II future liability Vacation pay Post - Employment Benefits and Accumulated Sick Leave, The Municipality pays certain medical, dental and ,life benefits on behalf of its retired employees. The Municipality recognizes these post - retiree' i costs in the period in which the employees rendered the services. As a result of actuarial valuations on post -em; e . e , benefits, it was determined that actuarial gain of $ 1,060,449 existed. This amoui s being amortized over the expected average remaining service lives of sever 1 employees s oups. The unamortized value is $ 1,011,003. The actual obligation is $ 14, `r 522. Under the Municipality's sick leave bene , unusea sick leave can accumulate and employees may become entitled to a cast% pa e ! t ,when they leave the Municipality's employment. As a result of actuarial valua that actuarial loss of $ 27 expected average remaining value is $ 254,620. The actual o A reserve f u n d has h n to lishe at December 31, 2, The liabilities fO consolidated fin discount rate of 5.25 Workplace Safety and ur, . e Board - Schedule II Future Liability The Municipality has ele a to be treated as a Schedule 11 employer and as such, is required to remit payments to the orkplace Safety and Insurance Board ( "WSIB ") to fund disability payments. The liability as reflected in these consolidated financial statements has been determined on an actuarial basis using a discount rate of 5.25 %. As a result of an actuarial valuation on the WSIB - Schedule II liability, it was determined that an actuarial loss of $ 3,271,876 existed. This amount is being amortized over the expected average remaining service lives of several employee groups. The unamortized value is $ 3,020,193. The actual obligation is $ 5,981,167. A reserve fund has been established for this liability. The balance as at December 31, 2009 is $ 588,079 ($ 180,118 - 2008). The next valuation for all benefit groups is for the year ending December 31, 2011. nt ts the accumulated sick leave liability, it was determined sted. These amounts are being amortized over the live of ,several employee groups. The unamortized atioi " " ".° 4,311,967. or the accumulated sick leave liability. The balance as ',125,815 - 2008). benefits and accumulated sick leave as reflected in these have been determined on an actuarial basis using a crawford smith swallow 2009 2008 $ $ 15,436,525 14,304,080 4,057,347 3,792,214 2,960,974 2,628,958 8,270 1,314,119 3,833,116 22,039,371 14 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 10. Post - Employment Benefits - continued Vacation Pay As at December 31, 2009, employees of the Municipality have accumulated vacation pay credits in the amount of $ 1,378,270 ($ 1,314,119 - 2008). Any unused credits may be carried forward to future years. Pension Agreements The Municipality makes contributions to the Ontario Mailicipal Employees Retirement System ( "OMERS "), which is a multi - employer plan, on behalf of its staff. The plan is a defined benefit plan which specifies the amount of the Fetireinent benefit to be received by the employees based on the length of service and rates o.f pay. The amount contributed to OMERS for 2009 vya $ 2,722,450 ($`2,687,747 - 2008) for current services. 11. Net Long -Term Liabilities (a) The balance of net long -term liabilities report ion the "Consolidated Statement of Financial Position" is made up as follo Total long -term liabilities Municipality including t of school boards, othe municipal enterprises and year is Net long -term d by they '. ed on behalf ties and dung the crawford smith Z, swallow 2009 2008 $ $ 30,099,414 30,092,531 30,099,414 30,092,531 (b) Of the net`a -term liab ies reported in (a) of this note, $ 16,182,263 in principal ff payments are .able from 010 to 2014 and $ 13,917,151 from 2015 to 2026. (c) The long -term lia©lities _" (a) issued in the name of the municipality have received approval of the One. 9 unicipal Board for those approved on or before December 31, 1992. Those approve Q after January 1, 1993 have been approved by by -law. The annual principal and interest payments required to service these liabilities are within the annual debt repayment limit prescribed by the Ministry of Municipal Affairs and Housing. (d) Interest charges of $ 1,520,646 ($ 1,607,963 - 2008) are included on the "Consolidated Statement of Operations and Accumulated Surplus ", classified under the appropriate functional expense heading. 15 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 12. Accumulated Surplus Invested in tangible capital assets Operating fund Reserves and reserve funds Niagara Falls Hydro Holding Corporation net equity Niagara Convention & Civic Centre Inc. net equity Amount to be recovered - post - employment benefits Amount to be recovered - net long -term liabilities (a) Operating fund balance For general reduction of For general reducti respecting waterworks For general reduction charges respectin For general us_ y Libr For genera e by the Areas For general use he Boa For general use b ?', - • o user charge of Museums ommission oar siness Improvement crawford smith at swallow .r 2009 524,630,546 5,543,214 67 139,595 4,338 1,353,254 00,947 647,287,228 (23 ; 8 16) ( 30,09 ` %x141 (53,93230) 629;668;417 595,155,326 2009 645,168 881,398 1,646,528 147,739 1,792,642 240,194 189,545 5,543,214 2008 482,123,314 4,994,789 71,363,003 87,741,967 1,064,155 (22,039,371) (30,092,531) (52,131,902) 2008 564,278 881,114 1,646,308 97,267 1,447,026 158,564 200,232 4,994,789 16 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 12. Accumulated Surplus - continued (b) Reserves and reserve fund balances Reserves set aside by council for specific purposes: Special purposes Working capital Sewage capital Water capital Total Reserves crawforrl smith Z swallow 2009 2008 $ $ 6,3:2,177 265,000 17,163 1,532 16,430,317 265,000 1,266,763 1,750,097 19,712,177 17 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 12. Accumulated Surplus - continued (b) Reserves and reserve fund balances - continued Reserve Funds set aside by council for specific purposes: Licence agreements - 40 years Sick leave liability Lundy's Lane Battlefield debt retirement WSIB - Schedule II Fire station #5 debt retirement Recreation trail development Capital /Operations - see note 14 Tree planting - developers Park development Sewer and water impost Expansion and renewal Drainage Prepaid works projects contribution Sidewalk construction Future municipal works Lot drainage Library funds Sanitary Sports fund Projects - spe Parking Collins/ Heritage Coat of Arai Lundy's Lane provement purposes Board of Muse a gooses Niagara Tunnel C unity Improvement Water patrol boat Branscombe Family Grant Convention Centre Fire department radios debenture Fire department aerial firetruck debenture Niagara Sports Foundation Chippawa Arena debenture surplus Kalar Park turf debenture surplus Total Reserve Funds 2009 39,740 01,796 30,269 88,079 9,425 55 ent Total Reserves and Reserve Funds crawford smith & swallow 7,23 1, 8 17,382 1,348,168 232,305 647,940 205,062 303,929 836,368 164,280 995,628 399,059 4,931 15,551 569,323 20,898 2,272 307,466 161,416 305,788 32,281 3,713 26,703,386 56,522 158,685 967 42,319 36,110 42,756,723 62,139,595 2008 43,922 1,125,815 44,289 180,118 48,234 69,798 6,761,769 1,262 17,196 1,263,204 219,040 608,173 194,571 287,807 784,977 157,049 887,488 376,303 4,882 15,383 619,343 30,561 58,009 2,245 367,541 160,457 580,647 31,930 3,671 36,463,464 66,550 175,128 51,650,826 71,363,003 18 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 12. Accumulated Surplus - continued (c) Niagara Falls Hydro Holding Corporation net equity Niagara Falls Hydro Holding Corporation net equity 8934,338 (d) Niagara Convention and Civic Centre Inc. net equity 13. Trust Funds Niagara Convention & Civic Centre Inc. net egtrity '' 1,3 International Rat The Municipality, a responsibility for the This condition is subjec if demolition procedure 14. Contractual Obligations and Co ui � itments Capital Expenditures The estimated future capital 2009 is approximately $ 114,39 incurred as at Decemb-:_ 200 long -term liabilitie crawford smith C& swallow 2009 2009 2008 87,741,967 2008 1,064,155 Trust funds administered by the Municipality amou ` In to $ 2,933,212 ($ 2,836,049 - 2008) have not been included in the "Consolida d, Statemen ssf Financial Position" nor have their operations been included in the "Consoli ; ta Statem" of Operations and Accumulated Surplus ". tires baled on projects in progress at December 31, M 85,000 - 2008) after deducting the expenditures hese projects will be financed by grants, subsidies and of the purchase of the CN /CP Railway Corridor, has the molition of the International Railway Bridge by May 2012. ng waived if the bridge is subsequently sold to a third party or ave not commenced by CN /CP prior to May 2012. The Municipality has set aside a reserve fund (Capital/Operations) amount of $ 4,000,000 increasing each year by the amount of the Consumer Price Index for this purpose. In addition, the Municipality is committed to reimburse CN /CP the lesser of the actual maintenance costs incurred on the International Railway Bridge or $ 100,000 on an annual basis until May 2012. Loan Guarantee Subsequent to year -end, the Municipality guaranteed a $ 400,000 line of credit for the Winter Festival of Lights. This credit is to be reduced by $ 100,000 annually beginning in 2011. 19 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 15. Financial Instruments Credit Risk The Municipality is exposed to credit risk on taxes receivable, user charges receivable, accounts receivable and long -term receivables from its customers. Allowances are maintained for the potential credit losses. However, because of the large number of customers, credit risk concentration is minimal. Cash Flow Risk The Municipality is exposed to the risk that the interest =e'arned on its investments will fluctuate due to changes in market interest rates. The Municipality manages its investments based on its cash flow needs and with a view to optimizing interest income. y .. Interest Rate Risk The Municipality is exposed to the risk that alue b investments will fluctuate due to changes in market interest rates. The Municipalitanages its investments based on its cash flow needs and with a view to optimizing .'ts interests come. The balances for certain temporary loan long -t Consequently, the risk exposure associated = ese ba Market Risk Certain investments held by h. unici a1f are object to the risk that the value will fluctuate as a result of chan yen at et pricds, whether those changes are caused by factors specific to the individual se ty, it issuer, actors affecting all securities traded in the market. Fair Value The fair value o :the post Schedule II fut e liability information pre ei ed in note 1 M erit benefits, accumulated sick leave and WSIB - ere determined using actuarial valuations based on the o the financial statements. Long -term debt is stated at f. ce value. It is not practicable within the constraints of timeliness or cost to ante a "`e the fair value of this financial liability with sufficient reliability. The note receivable and 1p` g -term investment are stated at cost. It is not practicable within the constraints of timeliness or cost to determine the fair value of these financial assets with sufficient reliability. The fair values of the Municipality's other financial instruments corresponds to their carrying values due to their short-term maturity. c awfor l smith at swallow debt bear interest at fixed rates. es is minimal. 20 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 16. Contributions to Joint Board Further to note 1 (a)(ii) the following contributions were made by the Municipality to: 2009 2008 $ $ Niagara District Airport Commission 489 89,696 The Municipality's share of the net assets of the Niagaraistrict Airport Commission is approximately 36 %. 17. Budget Figures The approved operating budget for 2009 is reflecte Operations and Accumulated Surplus ". These presented for information purposes only. The and reserve funds are on a project - oriented basis, t one or more years. As such, they are tot directl amounts and have not been reflected. Bu PSAB reporting requirements. 18. Contingent Liabilities The Municipality has been $ 20,000,000 for loss or dam insurance coverage per claim also being sued for aggravated no insurance coverag: assess the potentiof liabili reflected as a cha to operati crawfom' smith 6a, swallow d on the "Consolidated Statement of mbbers have NI been audited but are ablished for capital funds, reserves osts of which may be carried out over mparable with current year actual een reclassified to comply with one o :several defendants in a legal action seeking operty an ost revenue. The Municipality's maximum thsuit was $ 15,000,000. The Municipality is amages in the amount of $ 5,000,000. There is amages. The Municipality's legal counsel is unable to sulting from this action. Any settlement will be in e year incurred. The Municipality la been na,ed as one of several defendants in a legal action seeking $ 21,200,000 for gene .1 andpecial damages. The Municipality's maximum insurance coverage per claim at e of the suit was $ 20,000,000. The Municipality's legal counsel is unable to ass - b= the potential liability, if any, resulting from this action. Any settlement will be reflect - as a charge to operations in the year incurred. No provision for possible loss has been included in these consolidated financial statements. As at December 31, 2009, the Municipality has certain other legal claims outstanding. It is management's assertion that adequate insurance coverages are in effect for the settlement of these claims, if necessary. 21 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 19. Segmented Reporting The Municipality is a lower tier municipal government that provides a wide range of services to its citizens. Segmented information has been identified based on functional classification as categorized by the Financial Information Return. These classifications are as follows: General Government The mandate of this functional area is to provide politicalgovernance, administrative executive management and those expenses and revenues *whrch are corporate in nature and cannot be easily apportioned to other departments Reported in this functional area are departments such as Council, Clerks, CAO, Ffriance Human Resources, Legal, Information Systems and Capital Assets. Protection crawford smith &, swallow Reported in this functional area are Fire andBuildg Services`The mandate of Fire Services is to provide emergency services throb a _.ange of services to protect the lives and property of the inhabitants of the Municipalityfhe mandate of Building Services is to inform and assist customers to ensure safe d orderly development and provide efficient delivery of building approvals, s . ections . o �m anagement systems. Transportation Reported in this functional area for Roads and Works is to pr, the residents and business control. The mandate o public transportation syste Environment Reported in this to provide a maintenanc environmental p Health Reported in this are protection of each citiz each cemetery. Recreation and Culture Reported in this functional area are Parks, Recreation and Culture. The Parks department is responsible for the maintenance, improvement and beautification of various parks as well as the planning and construction of new parkland and open space. The Recreation and Culture departments are responsible for the delivery of various related programs and the provision of facilities as well as the support of groups and organizations throughout the Municipality. are Road ana' .;,_corks and Transit Services. The mandate e qualit fad an traffic maintenance and operations to Municiality.�This area is also responsible for winter is to pro fde a safe, reliable, convenient and efficient 1 7 11 ,, urban area. eSanitary, Storm and Water Systems. The mandate is ater resource system and is responsible for the of the systems and monitoring and administering emetery Services. The mandate is to ensure the benefit and who has purchased or has an interest in internment rights within 22 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO CONSOLIDATED FINANCIAL STATEMENTS for the year ended December 31, 2009 19. Segmented Reporting - continued Planning and Development The Planning department creates the policy framework and implementation tools required to shape the future of the Municipality. The Development department is responsible for ensuring that the Municipality's land development standards are achieved on all development applications. For each reported segment, revenues and expenses representrl3dt11 amounts that are directly attributable to the segment and amounts that are allocated on a reasonable basis. The accounting policies used in these segments are conssierftwith those followed in the preparation of the consolidated financial statements. See note '17 for a discussion on the budgeted figures provided. crawlord smith swallow 23 'd C CT 0 G O V 69 O N Q 0 p 0 cG 00 N 00 M M r 01 O N V V N 00 V — .--� V r N s M V N M 0o N O - '0 • Vw T p M CO 0 10 s0 00 O N • V V 00 00 00 O M • ce,1 , t re, 00 00 V 0 0 10 . O\ O -' CT N r 00 oo V ✓ N 01 0 00 N • V N M '0 O O '0 • 0 0 r V1 O • 00 N V1 0 en en 0, 00 M 00 O en 0 -- .- 0o0 (4(4 00 oar ..1-" 0, 00 co O N N r r r V) O V C " 9 2 G a 0 00 0 H 0 a '.. C E O NN t . 00 O y 0 • w C b O C c x t o c o > (7 50'3 00 0 00 105 O'7 00 00 CO N N E 00 1D 00 '0 r- -cif 0 M V 00 00 M 00 00 ' O 1 0 M r M O S+ 00 7 V N • VS 01 y 0 0 V V • Vl 00 ' M Ur N Q N 'n 00 .-. '.D 'n 00 -+ 00 O '0 C.7 00 N • N N M 00 00 O 00 V1 00 O r r 00 ut V O\ 'n V 0\ — V' 0O '0 ✓ 0o M r 00 ' 00 M r --' M V 00 0■ --. N N 00 N r ,C N N VD o0 00 N 00 --. N VD V M 0. VD 'n 0, V V 0. vn r V M N N 0 N CO M CO S. Cr, N r N N M r r 01 00 M 1D N O 01 V 00 N 0, ul V M N S. CO 0 0 M M N 0 0 O V V N O M O 00 N M M '.0 N N N V V1 V N 01 N --' 0, 00 VD CA 0, 01 10 --' VD 0\ M V V r v0 01 O o; o 00 • 0 0 000 000 <0 M 00 N 00 Vl tiz oc - N 00 V N N O 00 M V oo r V1 00 M 0 O M 'O GO Vl Q\ vl V 0 r r V1 N v0 0 � - 0 0 M O C1 ▪ V- V' S. r M 00 00 O V 00 N N 0 0 00 a'0 _M 01 01 00 r 0 r - 00 O 00 '0 V M -' O 00 VD 01 DO b 01 V r b V N N V O 01 r O W N O 00 tel M 0' .. Cl M 00 <0 00 V1 00 r r 00 V 00 M 01 M 00 10 00 10 V1 V' M r V1 --. 01 00 VI r Vl 0D r- r-- �0 'n O V --' 0o N .r- .N.- .--� V1 M V1 b V 00 N N 10 r r V N N V 00 00 --' M N V 001 r- •-o r- 0 00 0 M 01 'O 01 ' ' 00 r N 0 0o cD M ON m V V M r rn V M N 00 N N ' V 01 0 oO 4' O set 00 O N vt pp� A V N N O O cA M N N V M r r V O M 01 00 O V O N N V U 01 N 0 9 00 ....100 4 s0 so 01 ✓ '.' N V V1 01 00 MO1 (4 N 14: m;, 0 0\ N D` 00 V M N .. t ., M 00 • 0 O N 01 C01 M V N 0 V V1 00' 00 O N Vl 1 0 0.1 r V 0000 '0 r M N. ' V1 ' N 00`( O O V N 01 ▪ --' N 01 V 00 M rn r O rrc O 0 oo N V V V 00 ON 01 b V V t- oo N 00 V O 0. 00 00 so N N N r W1 CT 0 r t0 Do N N � �j O 00 N O h 00 V r 0 U 0 0 Crawford, Smith and Swallow Chartered Accountants LLP 4741 Queen Street Niagara Falls, Ontario L2E 2M2 Telephone (905) 356 -4200 Telecopier (905) 356 -3410 Offices in. Niagara Falls, Ontario St Catharines, Ontario Fort Erie, Ontario Niagara -on -the -Lake, Ontario Port Colborne. Ontario AUDITORS' REPORT - TRUST FUNDS To the Members of Council, Inhabitants and Ratepayers of Corporation of the City of Niagara Falls, Ontari We have audited the statement of financial position of th st funds of Corporation of the City of Niagara Falls, Ontario as at December 31, 2 0:' and th ` °: tement of financial activities and changes in fund balances for the year then ender °_ � � ese finan statements are the responsibility of the city's management. Our responsibility is t. ® -:: s an o o on these financial statements based on our audit. We conducted our audit in accor Those standards require that we p the financial statements are free o basis, evidence supporting the amour includes assessing the acco as well as evaluating the In our opinion, these position of the trust fun the year then ended in acco Niagara Falls, Ontario April 28, 2010 crawford smith A, swallow ith C ` dian "generally accepted auditing standards. rform a dit to obtain reasonable assurance whether isstate= ' ent. An audit includes examining, on a test res in the financial statements. An audit also es used and significant estimates made by management, ent presentation. present fairly, in all material respects, the financial at December 31, 2009 and the continuity of trust funds for Canadian generally accepted accounting principles. CRAWFORD, SMITH AND SWALLOW CHARTERED ACCOUNTANTS LLP LICENSED PUBLIC ACCOUNTANTS 28 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO STATEMENT OF FINANCIAL POSITION - TRUST FUNDS December 31, 2009 Assets Cash Ontario Home Cemetery Renewal Perpetual Total Plan Care Other $ $ $ $ 533,364 17,948 395,578 119,838 Investments - note 2 `' ,. Federal 595,134 595,134 Provincial 874,045 :� _;. 874,045 Corporate 992,877 991,677 1,200 2,462,056 ' 216.0 856 1,200 GST receivable 178 178 Due from (to) operating fund (63,810) s x Jr ' ' 2,246 (66,056) Loans receivable - note 3 1,42,4 ' " 424 (62,2 Fund Balances See accompanying notes crawfonn smith a swallow 29 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO STATEMENT OF FINANCIAL ACTIVITIES AND CHANGES IN FUND BALANCES - TRUST FUNDS for the year ended December 31, 2009 Balance, Beginning of Year Receipts Cemetery lot receipts Interest Land sale deposits Expenditures Cemetery Care Loan repayments to Province of Ontario Transfer to operating fund Balance, End of Year See accompanying notes Ontario Home Cemetery Renewal Perpetual Total Plan Care Other $ $ $ $ 2,836,049 19,248 ,2,733,926 82,875 124,932 128,915 65,243 319,090 128,240 93,6 221,92 crawford smith A, swallow 124 124,932 128,154 086 128,154 637 65,243 65,880 86 93,687 128,154 93,773 30 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO FINANCIAL STATEMENTS - TRUST FUNDS for the year ended December 31, 2009 1. Basis of Accounting Receipts and disbursements on the statement of continuity are reported on the cash basis of accounting, with the exception of revenue derived from cemetery lot sales due to the Cemetery Perpetual Care Fund which has been accrued at year end. 2. Investments Trust fund investments of $ 2,462,056 ($ 2,263,509 - 2008) 'rerecorded on the "Statement of Financial Position" at the lower of cost or market. The m rket value as at December 31, 2009 is $ 2,510,395 ($ 2,290,920 - 2008). 3. Ontario Home Renewal Program The Ontario Home Renewal Program was established by the Ontarovlinistry of Housing in 1973 to provide grants for municipalities to make loan to assist owner occupants to repair, rehabilitate and improve their homes to local `arope standards Individual loans are limited to $ 7,500 of which the maximum forgivab ion is $ 4,000. On July 13, 1993, the Ontario Home Rent a1 ceased issuing new loans as of this date tea-@ account to the Ontario Ministry of Housing each subsequent calendar year after 1993 m each year. In the event of the sale or occupy the home, the ba immediately become due and p 4. FinancialInstruments =3 Interest Rate Risk The City's trust fun to the changes in mar its cash flow needs and Market Risk Certain investments within the City's trust funds are subject to the risk that the value will fluctuate as a result of changes in market prices whether those changes are caused by factors specific to the individual security or its issuer or factors affecting all securities traded in the market. crawford smith CS), swallow Progra, as discontinued. The municipality s requi ` to remit the balance of the trust arch 1, ,„ 94. Loan receivables collected in :tted to the Province by March 1st of e home �or in the event of the homeowner ceasing to e repayae loans and the unearned forgivable loan 6meowner. d to the risk that the value of investments will fluctuate due rates. The City manages its trust fund investments based on iew to optimizing its interest income. 31 CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO NOTES TO FINANCIAL STATEMENTS - TRUST FUNDS for the year ended December 31, 2009 5. Other Trust Funds 2009 2008 $ $ Trust for land sales 31,058 59,026 Trust for Mr. Ted Salci 5,713 3,305 Trust for Mr. Wayne Thomson 1,688 5,673 Trust for Ms. Janice Wing 3,328 1,676 Rigg Estate 500 500 W. L. Doran Estate z 1,000 1,000 Moore Estate 1,200 1,200 McNiven Estate 500 500 McDonald Estate 00 400 Woodruff Estate. 8,295 Coulsen Estate °10 300 Wilson Estate 500 500 "'' .� C. J. Doran Estate �r��, 500 500 54,982 82,875 crawford smith . swallow 32 F- 2010 -56 Niagarapalls October 4, 2010 CANADA REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2010 -56 2009 Municipal Performance Measures RECOMMENDATION 1. That this report be received for the information of City Council. 2. That staff post the information on the City's website. EXECUTIVE SUMMARY The City of Niagara Falls is required to submit provincially determined benchmarks on an annual basis. In addition, these measures are required to be publicly posted for City tax payers to consider. The City has completed the inventory of capital assets owned by the City to comply with PSAB 3150 which has resulted in changes to asset amounts. The City's results are consistent with previous years' results. BACKGROUND The City of Niagara Falls is required to measure its performance and report the results to the Province of Ontario annually. In addition, the City is required to provide these measures to the taxpayers of the municipality. ANALYSIS /RATIONALE The performance measures used in the supporting documents are determined by the Province and are not developed by local municipalities. Comparability between municipalities is limited due to differences in accounting policies amongst municipalities. The Municipal Performance Measurement Program is designed to indicate a municipality's performance in selected core services areas according to their service responsibility. These measures are developed by the Province of Ontario. The results of the City's year 2009 Municipal Performance Measurement Program are identified in the attachment. Each measure reports as follows: • the name of the measure • the year in which the measure relates • a description and definition of the measure • how the measure was calculated • the result of the measure October 4, 2010 - 2 - F- 2010 -56 FINANCIAL IMPLICATIONS Public presentation of the Provinces MPMP results is one in a series of requirements for payment of the OMPF funding. The measures are not used as an evaluation tool for any grant programs of the province and /or federal government. Thus, these have no financial considerations. CITY'S STRATEGIC COMMITMENT Performance Measures are instruments that provide information for decision making and while not explicitly identified in Council strategic commitments, measures do not provide outcome results that speak to effectiveness of services. The provincial (mandated) performance measures are limited in applicability, but staff recognizes the significant value of establishing useful measures for each division. Staff will commit to developing internal performance measures that compliment the Province's measures for use in the preparation of the 2011 budget. LIST OF ATTACHMENTS 2009 Municipal Performance Measures Recommended by: Respectfully submitted: TH /Iw Todd H rison, Di ector of Finance /IL . .t4/ Ken T••d, Chi:` Admiriistrative Officer The City of Niagara Falls, Ontario Resolution No. Moved by Seconded by WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. THEREFORE BE IT RESOLVED THAT on October 4, 2010 Niagara Falls Council will go into a closed meeting to consider a matter that falls under the subject matter of 239 (2)(c) of the Municipal Act, 2001, a proposed disposition of land and 239(2)(f), to receive advice that is subject to solicitor - client privilege. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR