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05/26/2015ADDITIONS TO COUNCIL, TUESDAY, MAY 26, 2015 BUDGET MATTERS Copy of 2015 Parking Budget presentation 2. Report F-2015-24 Water Billing -New Residential Accounts COMMUNICATIONS Memo from City Clerk - Court of Revision Appointment RECOMMENDATION: That Rick Volpini be appointed the Niagara Falls representative for the Black Creek Drainage Works Court of Revision Additional Report L-2015-20 - Transit Turnaround Agreement Rio Can Holdings Inc. RioCan Niagara Falls ( 7190 Morrison St) BY-LAWS Additional By-law 2015-62 A by-law to appoint Councillor Vince Kerrio as Acting Mayor 05/25/2015 1 05/25/2015 Revenues: e positively impacted by rate increase offset in part by decline fines ticket due towarnings systems some possibilities of metered parking reductions �downtown & hospital area) Expenditures - replacement of vehicles resulting in large charge as per AMP (50%) adjustments to snowplowing costs administrative costs of pay & display machines included overtime budgeted ' GL5280 Page : 1 CITY OF NIAGARA FALLS Date : May 25, 2015 Time: 11:38 am Budget Report By Function From Category : 100000 To Category: 823020 Account Code : 17 -3 -??????-???'To : 17-4-??????-?????? 2015 2014 Account Code Account Description FINAL BUDGET FINAL BUDGET -BUDGET -BUDGET VALUES VALUES 17--> PARKING FUND 341000--> PARKING MAINT SERVICES 3--> EXPENSE 17-3-341000-010000 LABOUR - PARKING MAINT SER 349,138 345,422 17-3-341000-010013 EMPLOYEE BENEFITSALLOCA3 107,789 102,190 17-3-341000-010016 OVERTIME - PARKING MAINT SE 2,500 0 17-3-341000-030001 MATERIALS ITC - PARKING MAID 26,500 25,200 17-3-341000-030005 PROFESSIONAL DEVELOPMEN- 1,800 1,800 17-3-341000-030017 INSURANCE PREMIUMS - PARK 145 489 17-3-341000-030018 CONFERENCES / CONVENTION 3,000 3,000 17-3-341000-040001 CONTRACTED SERVICES ITC - 1 54,900 54,900 17-3-341000-050001 RENTS AND FINANCIAL EXPEN,' 16,000 0 17-3-341000-090000 INTERNAL RENT - PARKING MAI 41,079 10,970 17-3-341000-090001 INDIRECT COSTS - PARKING M/ 188,098 206,647 Total EXPENSE 790,949 750,618 4--> REVENUE 17-4-341000-680000 PERMITS - PARKING MAINT SEF -6,000 -9,000 17-4-341000-710000 USER FEES - PARKING MAINT S -630,000 -584,005 Total REVENUE -636,000 -593,005 PARKING MAINT SERVICES Surplus/Deficit 154,949 157,613 341101--> PARKING LOT #1 - PARK / ZIMMERMAN 3--> EXPENSE 17-3-341101-040007 SNOW PLOWING - PARKING LO 0 1 Total EXPENSE 0 1 PARKING LOT #1 - PARK / ZIMMERMAN Surplus/Deficit 0 1 341102--> PARKING LOT #2 - PARK / ERIE 3--> EXPENSE 17-3-341102-030001 MATERIALS ITC - PARKING LOT 1,000 1,000 17-3-341102-040007 SNOW PLOWING - PARKING LO 3,500 3,500 Total EXPENSE 4,500 4,500 4--> REVENUE_ 17-4-341102-680000 PERMITS - PARKING LOT #2 - P/ -15,000 -15,000 17-4-341102-710000 USER FEES - PARKING LOT #2 - -2,000 -2,000 Total REVENUE -17,000 -17,000 CITY OF NIAGARA FALLS Budget Report By Function From Category : 100000 To Category: 823020 Account Code : 17 -3 -??????-???'To : 17-4-??????-?????? GL5280 Page : 3 Date : May 25, 2015 Time : 11:38 am 2015 2014 Account Code Account Description FINAL BUDGET FINAL BUDGET -BUDGET -BUDGET VALUES VALUES 17-3-341107-030001 MATERIALS ITC - PARKING LOT 300 300 17-3-341107.-040007 SNOW PLOWING - PARKING LO 3,810 3,810 Total EXPENSE 4,110 4,110 4--> REVENUE 17-4-341107-680000 PERMITS - PARKING LOT #7 - HI -12,000 -12,000 Total REVENUE -12,000 -12,000 PARKING LOT #7 - HURON / ONTARIO Surplus/Deficit -7,890 -7,890 341108--> PARKING LOT #8 - HURON / ST CLAIR 3--> EXPENSE 17-3-341108-030001 MATERIALS ITC - PARKING LOT 300 300 17-3-341108-040007 SNOW PLOWING - PARKING LO 2,020 2,020 Total EXPENSE 2,320 2,320 4--> REVENUE 17-4-341108-680000 PERMITS - PARKING LOT #8 - HI -17,000 -13,200 Total REVENUE -17,000 -13,200 PARKING LOT #8 - HURON / ST CLAIR Surplus/Deficit -14,680 -10,880 341109--> PARKING LOT #9 - HURON / ST LAWRENCE 3--> EXPENSE 17-3-341109-030001 MATERIALS ITC - PARKING LOT 350 350 17-3-341109-040007 SNOW PLOWING - PARKING LO 2,465 2,465 Total EXPENSE 2,815 2,815 4--> REVENUE 17-4-341109-680000 PERMITS - PARKING LOT #9 - HI -3,100 -3,100 17-4-341109-710000 USER FEES - PARKING LOT #9 - -300 -300 Total REVENUE -3,400 -3,400 PARKING LOT #9 - HURON / ST LAWRENCE Surplus/Defic -585 -585 341110--> PARKING LOT #10 - PARK / CRYSLF_R 3--> EXPENSE 17-3-341110-030001 MATERIALS ITC - PARKING LOT 4,500 500 17-3-341110-040007 SNOW PLOWING - PARKING LO 5,825 5,825 Total EXPENSE 10,325 6,325 4--> REVENUE CITY OF NIAGARA FALLS GL5280 Page : 5 Date : May 25, 2015 Time: 11:38 am Budget Report By Function From Category : 100000 To Category: 823020 Account Code: 17 -3 -??????-???'To: 17-4-??????-?????? 2015 2014 Account Code Account Description FINAL BUDGET FINAL BUDGET -BUDGET -BUDGET VALUES VALUES 341114--> PARKING LOT #14 - LUNDY'S 3--> EXPENSE 17-3-341114-030001 MATERIALS ITC - PARKING LOT 500 500 17-3-341114-040007 SNOW PLOWING - PARKING LO 3,475 3,475 Total EXPENSE 3,975 3,975 4--> REVENUE 17-4-341114-710000 USER FEES - PARKING LOT #14 -500 -200 Total REVENUE -500 -200 PARKING LOT #14 - LUNDY'S Surplus/Deficit 3,475 3,775 341115--> PARKING LOT #15 - McGRAI L 3--> EXPENSE 17-3-341115-030001 MATERIALS ITC - PARKING LOT 500 500 17-3-341115-040007 SNOW PLOWING - PARKING LO 2,915 2,915 Total EXPENSE 3,415 3,415 4--> REVENUE 17-4-341115-680000 PERMITS - PARKING LOT #15 - P 0 -3,000 17-4-341115-710000 USER FEES - PARKING LOT #15 -2,000 -3,500 Total REVENUE -2,000 -6,500 PARKING LOT #15 - McGRAIL Surplus/Deficit 1,415 -3,085 341117--> PARKING LOT #17 - MORRISON STREET 3--> EXPENSE 17-3-341117-030001 MATERIALS ITC - PARKING LOT 1,000 1,000 17-3-341117-040007 SNOW PLOWING - PARKING LO 3,585 3,585 Total EXPENSE 4,585 4,585 4--> REVENUE 17-4-341117-680000 PERMITS - PARKING LOT #17 - It -29,000 -19,000 Total REVENUE -29,000 -19,000 PARKING LOT #17 - MORRISON STREET Surplus/Deficit -24,415 -14,415 341118--> PARKING LOT #18 - KITCHENER / VICTORIA 3--> EXPENSE 17-3-341118-030001 MATERIALS ITC - PARKING LOT 1,000 1,000 CITY OF NIAGARA FALLS GL5280 Page: 7 Budget Report By Function Date : May 25, 2015 Time: 11:38 am From Category : 100000 To Category : 823020 Account Code : 17 -3 -??????-???'To : 17-4-??????-?????? 2015 2014 Account Code Account Description FINAL BUDGET FINAL BUDGET -BUDGET -BUDGET VALUES VALUES 17-3-342005-030034 MEMBERSHIP / SUBSCRIPTION: 1,100 1,100 17-3-342005-030035 OFFICE SUPPLIES - PARKING C 2,000 1,500 17-3-342005-040001 CONTRACTED SERVICES ITC - 1 372,514 372,514 17-3-342005-050001 RENTS AND FINANCIAL EXPEW 63,500 35,000 17-3-342005-090000 INTERNAL RENT - PARKING COI 47,165 48,241 Total EXPENSE 570,647 544,471 4--> REVENUE 17-4-342005-710000 USER FEES -PARKING CONTRC -8,500 -7,500 17-4-342005-730001 FINES -PARKING CONTROL SR -438,621 -420,000 Total REVENUE -447,121 -427,500 PARKING CONTROL SERVICES Surplus/Deficit 123,526 116,971 Total PARKING FUND 0 0 NiagaraFalls REPORT TO Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Finance SUBJECT: F-2015-24 Water Billing -New Residential Accounts RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY F-2015-24 May 26, 2015 This report was requested by Council. The purpose of the report is for staff to review the billing of water during construction of residential properties. At present, the City sets up a water account after the sewer inspection is performed by City inspectors. The account is billed a flat charge for the duration of the time until the water meter is installed and the account can be billed based on water consumption recorded on the meter. Concerns have been raised about the cost of the flat charge and the timing of establishing the account. Staff reviewed the process and in addition, reviewed the processes undertaken in other local municipalities. Staff believe that a change can be made to the billing process for new residential construction and wish to consult with home builders prior to changes that will be effective within the 2015 Utility Budget. BACKGROUND Staff have been concerned with unaccounted for water loss in the water billing system. In 2009, Council adopted changes initiated by Municipal Works and Building staff to change the timing of water billing. Prior to this change, staff were concerned with the account set up on new construction. Staff was also concerned about water used that was not billed during construction. This factor has been magnified due to the high residential construction activity in Niagara Falls over recent years. In 2009, staff changed the timing of the account that results in the start of the account at time of sewer inspection. Recommended by: Respectfully submitted: Todd Harrison, Director of Finance Ken Todd, Chief Administrative Officer F-2015-24 May 26, 2015 CLERKS DEPARTMENT Inter -Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: May 26, 2015 Re: Court of Revision Appointment The Court of Revision is a process where after local improvements or drainage works have been undertaken, the Court may review the proposed local improvement/ assessment roil and correct it. The municipality may appoint a Committee of Revision, as per O. Reg 586/06 of the Municipal Act. With no local improvement or drainage works contemplated over the last two Council terms, we have not reappointed a Committee of Revision because of the unlikelihood that they would even sit during the term. During the 2011 appointment review, staff recommended that appointments for the committee not take place until needed. The Town of Fort Erie recently started the process for drainage works related to the Black Creek drain. Although primarily in Fort Erie, the creek also affects property owners in Niagara Falls and Port Colborne. In such inter -municipal cases, the Drainage Act stipulates that two members of the Committee of Revision come from the initiating municipality and one (1) from any other affected municipalities. The Court of Revision hearing in Fort Erie is scheduled for Wednesday, June 17tH Obviously, it is too late to select a local committee of revision. As a result, staff is recommending that Council appoint Rick Volpini to be the City of Niagara Falls representative for the hearing. Mr. Volpini is retiring as of June 5th as the City's Drainage Supervisor, a position he has held since 1991. Based on his technical knowledge, he would be ideal to represent the City at the Court of Revision hearing. He meets all other qualifications required under the Act. RECOMMENDATION: That Rick Volpini be appointed the Niagara Falls representative for the Black Creek Drainage Works Court of Revision. A Great City ... For Generations To Come Legal and Legislative Services 0:4 AR t 0 May 19th, 2015 File No. 360401 Dear Sir or Madam: Re: Black Creek Drainage Works 2014 Provisional By -taw No. 67-2015 Notice of Court of Revision At the Council Meeting of April 20th, 2015, a public meeting was held to consider the Engineer's Report dated July 31, 2014 prepared by K. Smart Associates Ltd. for the Black Creek Drainage Works 2014 Section 76. Council subsequently approved the Engineer's Report at its meeting of April 20th, 2015. (You were previously provided with Notice and information on how to view a copy of the Engineer's Report on or about April 7th, 2015). At the Council Meeting of April 27th, 2015 Provisional By-law No. 67-2015 was approved to provide for Drainage Works in the Town of Fort Erie known as the Black Creek Drainage Works 2014. Under the Drainage Act, property owners will be assessed a portion of the costs for future maintenance that accurately defines the properties affected by the drain and provides an equitable means to distribute future maintenance costs. Property owners will have an opportunity to appeal their apportioned assessment. The Town of Fort Erie is deemed to be the initiating municipality for the purposes under the Drainage Act. Accordingly, pursuant to Sections 46(1) and (2) of the Drainage Act, please find enclosed the following: 1. Notice of Court of Revision to be held on Wednesday, June 17th, 2015 at 6:00 p.m. in the Council Chamber, Town Hall, Fort Erie. 2. Copy of Provisional By-law No. 67-2015, being a by-law to provide for Drainage Works in the Town of Fort Erie known as the Black Creek Drainage Works 2014. Section 52(1) of the Drainage Act provides that an owner of land assessed for the drainage works may appeal to the Court of Revision on any of the following grounds: 1. Any land or road has been assessed an amount that is too high or too low. 2. Any land or road that should have been assessed has not been assessed. 3. Due consideration has not been given to the use being made of the land. Mailing Address: The Corporation of the Town of Fort Ede 1 Municipal Centre Drive, Fort Ede ON L2A 2S6 Office Hours 8:30 a.m. to 5:00 p.m. Phone: (905) 871-1600 FAX: (905) 8714022 Web -site: www.forterie.on.ca NOTICE OF COURT OF REVISION ;rte BLACK CREEK DRAINAGE WORKS 2014 Pursuant to Sections 46(1) and (2) of the Drainage Act, RSO 1990, Chapter D17, notice of the sitting of the Court of Revision is hereby given as follows: DATE: Wednesday, June 17th, 2014 TIME: 6:00 p.m. PLACE: Council Chamber, Town Hall, Fort Erie Pursuant to Section 52 of the aforesaid Act, each affected property owner may appeal his/her assessment to the Court of Revision by giving notice not later than ten days prior to the first sitting of the Court of Revision. Should you wish to appeal under Section 52 of the Drainage Act, a Notice of Appeal to the Drainage Court of Revision is enclosed for you to complete and return to the Town Clerk of the Town of Fort Erie. Appeals must be received by the Clerk before 5:00 p.m. on Monday, June 8th, 2015 Pursuant to Sections 48(1) and Section 49, landowners have the right to further appeals to the Drainage Tribunal on technical matters and to the Drainage Referee on legal issues. A copy of the Notice to Appeal to Tribunal by Owner of Land or Public Utility and the Notice to Appeal to Referee are also enclosed herewith. The appeals must be received by the Town Clerk within forty {40) days from the date of this mailing, being before 5:00 p.m. on Monday, June 29t , 2015. Assessed landowners with any concerns regarding the Municipal Drain or the Engineer's Report are encouraged to contact the Drainage Superintendent, Dave Maiden at 905-871-1600 ext. 2405, email , e-rie onxor Laura Bubanko, Town Clerk at 905-871-1600 ext. 2211, email /bubanik rterie,on.c . Dated at Fort Erie, Ontario, this 19th day of May, 2015 e6z&z�� Laura Bubanko Town Clerk The Municipal Corporation of the Town of Fort Erie By-law No. +672015 Being a By-law to Provide for Drainage Works in the Town of Port Erie, known as the Black Creek Drainage Works 2414 Whereas the Engineer's Report dated July 31, 2014 prepared by K. Smart and Associates Ltd. was filed with the Town Clerk on February 13, 2015; and Whereas the Engineer's Report was amended to include all of the affected property owners in the Black Creek drainage watershed in the Assessment Schedule and was refiled with the Clerk on March 31, 2015; and Whereas the Engineer's Report and notice of the Public Meeting under the Ontario Drainage Act was mailed to all affected and interested property owners on April 7, 2015; and Whereas the Public Meeting required under the said Act was held on April 20, 2015 wherein landowner comments were received and presented to the Council of the Town of Fort Erie; and Whereas at the Council -in -Committee Meeting held April 20, 2015 Report No. IS -10-2015 under Section 76 of the Act was approved to accept the new Engineer's Report for the Black Creek Drainage Works 2014 and to direct staff to continue with the legislative process in accordance with the Ontario Drainage Act and establish the date for the Court of Revision; and Whereas Section 61(3) of the Ontario Drainage Act, R.S.Q. 1990, Chapter DA 7, as amended, provides that where the assessment against any parcel of land is $50.00 or less, the council of the local municipality may provide that the assessment shall be paid out of the general funds of the municipality or that the assessment shall be paid in the first year in which the assessment is imposed upon the land assessed; and Whereas Section 52(1) of the said Act provides an owner of land assessed for the drainage works may appeal to the Court of Revision on any of the following grounds: (1) Any land or road has been assessed an amount that is too high or too low; (2) Any land or road that should have been assessed has not been assessed; (3) Due consideration has not been given to the use being made of the land; and Whereas the initiating municipality sets the date of the Court of Revision in conjunction with any area municipalities who have affected landowners within the drainage watershed; and Whereas the date of the Court of Revision shall be determined; and Whereas a copy of the provisional by-law and notice of the Court of Revision date shall be mailed to all affected landowners within thirty (30) days after the passage of this by-law; and Notice of Appeal to Court of Revision Drainage Act, R.S.O. 1990, c. D.17, subs. 52(i) and 76(4) To: The Clerk of the Corporation of the Z'o x of Foct c z i; (Designation of drainage works) Take notice that Iiwe, an owner or owners of land assessed for the above-mentioned drainage works, appeal to the Drainage Court of Revision under: E] Section 62 (1) for the construction or Improvement of a drain; or ❑ Section 76 (4) for the development of a new assessment schedule for the drain on the grounds that: ❑ Mylour land has been assessed too high; My/our land has been assessed too low; j17 Other land or road has been assessed too high; Other land or road has been assessed too low; Other land or road that should have been assessed has not been assessed; Due consideration has not been given as to type of use of land, Include Details of Appeal (attach additional pages if needed): Property Owners Appealing to Court of Revision • Your municipal property tax bill will provide the property description and parcel roil number • in rural areas, the property description should be in the form of (part) lot and concession and civic address. • In urban areas, the property description should be in the form of street address and lot and plan number, if available. • If appealing to Court of Revison regarding multiple properties attach additional page with property information. Property Description or Number If property is owned in partnership, all partners must be listed. If property is owned by a corporation, list the corporation's name and the name ind corporate position of the authorized officer, Only the owner(s) of the property may appeal to the Court of Revision. 'nd84aidx3ai or ale Ownership _ Name (Last Name First Name) SignatureDate (yyyy/mmldd) 0136E (2013/07) 43 Queen's Pr we, for Onor o.. 20 ..3 113ponibte e,7 frangafs P-iga t of 2 Niagara,Fal'Ills REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of Municipal Council Legal Services L-2015-20 Transit Turnaround Agreement RioCan Holdings Inc. RioCan Niagara Falls (7190 Morrison St.) Our File No. 2014-196 RECOMMENDATION L-2015-20 May 26, 2015 That the City enter into a Transit Turnaround Agreement (the "Agreement"), permitting City buses and Transit Staff to install and use certain facilities upon the property known as RioCan Niagara Falls (7190 Morrison St.), on terms and in a form acceptable to the Chief Administrative Officer, the City Solicitor, the City Treasurer and the Director of Transportation Services. EXECUTIVE SUMMARY The new routes created by Transportation Services involve buses entering the property known as RioCan Niagara Falls (7190 Morrison St.). The schedule calls for the buses to stop and rest at that location. In order to accommodate this practice, an Agreement with the owner of the property is required. The owner of the property is RioCan Holdings Inc. An Agreement is being negotiated to facilitate City operations. BACKGROUND For some time, buses have been entering RioCan Niagara Falls (7190 Morrison St.) to pick up and drop off passengers. With the creation of the new routes, the buses have also been laying over on the property. Transit Staff proposes to make use of the layover periods as break times and lunch times for the drivers. In order to accommodate break times and lunch times on the property, portable buildings will be installed as a lunch/break room and to provide washrooms for the drivers. The Agreement deals with permission to install and maintain the facilities; snow clearing in the area of the facilities; and the sharing of the costs of maintenance. The Agreement will be in the form of a license to use land, ANALYSIS/RATIONALE The Agreement is required to establish and record the terms under which the City is making use of RioCan's property. A term of five years has been proposed. 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PIN; IH9 'm a Who Q in 14. 09 No M j"H -Q- -di fin hail a' N 11 3s, No! 2113 3 "il I D, N Hy WS! 1, q QVC 19ho I -on Ry 4 1 Q PR 1B dz.! HUM 0 16 Q5 I NH 1; HE 411 am N 2 N" Q MR, MO 1! 101 JQ chgp!np Qq.. MoU H. H AN a Sm Imp ha - Qq if AMNA MAE M 'V­ Miel qg Mon 5 1 ME lu 81 CITY OF NIAGARA FALLS By-law No. 2015 - A by-law to appoint Councillor Vince Kerrio as Acting Mayor. WHEREAS Section 242 of the Municipal Act, 2001 provides that a municipality may by by- law or resolution appoint a member of the Council to act in the place of the head of Council when the head of Council is absent or refuses to act or the office is vacant and while so acting such member has all the power and duties of the head of Council; and WHEREAS the office of Mayor of the City of Niagara Falls will be vacant as a result of James M. Diodati being absent from the City from June 1, 2015 to and including June 8, 2015; and WHEREAS the said Council deems it desirable to appoint an Acting Mayor until the return of James M. Diodati. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Councillor Vince Kerrio is hereby appointed Acting Mayor from June 1, 2015 to and including June 8, 2015. 2. At the conclusion of the period described in paragraph 1, James M. Diodati shall resume his appointment as Mayor, together with all powers and duties associated with that office. 3. The by-law becomes repealed on June 9, 2015. Passed this twenty-sixth day of May, 2015 ........................................................... DEAN IORFIDA, CITY CLERK First Reading: May 26, 2015. Second Reading: May 26, 2015. Third Reading: May 26, 2015. ...................................................... JAMES M. DIODATI, MAYOR