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2007/01/22 " .t> . FI.RSTMEETING Monday, Ja.nuary 22, 200t .F:rom 5:30 p~m.to 6:45p.m. City Hall, Committee Room #2A.&B 1) Approval of the December 11, 2006 Community Services Minutes. . :2) REPORTS: a) MW':'2007~03 'b) MW-2007-07 c) MW-2007-09 d) MW-2007-10 e) CD-2007 -04 STAFF CONTACT: Murray Street and Stanley Avenue Directiona'l Signage'.Update . Valley Way Parking Review Lease of City OWned, Land for' Parking Purpose 5401 Ferry Stre(i!t . Ed Dujlovic Ed Dujlovi.c Integrated' MuniCipal Services Negotiations . Request to paY~legal fees related to GreaterNiagara Transit Commission Ed DuJlo"ic Ed DuJlovic Dean lorfida Karen Kelly 3) NEW BUSINESS: - _.>.--~-------~ 4) ADJOURNMENT: MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING Monday, December 11, 2006, City Hall, Room 2 at 6:00 p.m. PRESENT: Chair - Mayor Ted Salci, Alderman Jim Diodati, Alderman Victor Pietrangelo, Alderman Bart Maves, Alderman Vince Kerrio, Alderman Janice Wing, Alderman Carolynn Ioannoni., Alderman Shirley Fisher. REGRETS: STAFF: John MacDonald, Ed Dujlovic, Karen Kelly, Barney Ruddell, Denyse Morrissey, Ken Burden, Dean Iorfida, Serge Felicetti, Trent Dark, Karl Dren, Alex Herlovitch, Marianne Tikky- Steno PRESS: Rob Lapensee, Niagara This Week, Corey Larocque, Niagara Falls Review GUEST: Rocky Vacca - 4781 Portage Road, Larry Vann - 5651 River Road, Laura Birrell - 3480 Callan Street, Christine McGraw - 3480 Callan Street, Charlene Drolet - 8165 Lamont Avenue, Kerry Abbott - 81 71 Lamont Avenue. MINUTES It was ORDERED on the motion of Alderman Wing and seconded by Alderman Pietrangelo, that the November 20,2006 minutes be approved. Motion: Action: Carried Recommendation submitted to Council 2006-12-11. REPORTS a) CD-2006-19 - Standing Committees of Council It was ORDERED on the motion of Alderman Thomson and seconded by Alderman Pietrangelo that the Community Services Committee and Corporate Services Committee be maintained with a Council elected Chair to be voted on at the next Council meeting January 22, 2007. Motion: Action: Carried Recommendation submitted to Council 2006-12-11. b) BBS-2006-09 - Sign Variance It was ORDERED on the motion of Alderman Wing and seconded by Alderman Kerrio that the request for a sign variance for the NIE comer of Stanley A venue at Kitchener Street be denied and that staff meet with the applicant for further negotiations. Motion: Action: Carried Recommendation submitted to Council 2006-12-11. Community Services Committee -2- December 11, 2006 r c) MW-2006-132 - Callan Street at Lamont Avenue Intersection Control Review It was ORDERED on the motion of Alderman Pietrangelo and seconded by Alderman Fisher; Motion: Action: 1. that an all-way stop be installed at the intersection of Lamont Avenue and Callan Street and be reviewed in 6 months, and 2. That the Niagara Regional police be requested to increase enforcement and that the residents be petitioned on the implementation of traffic calming measures. Carried Recommendation submitted to Council 2006-12-11. d) MW -2006-139 - Commissionaires Contract Extension It was ORDERED on the motion of Alderman Pietrangelo and seconded by Alderman Diodati that Council approve a one year extension to the Canadian Corps of Commissionaires (Hamilton) contract for the supply of Parking Control services and the agreement for building security. The 2007 extension includes a 3 % increase from their 2006 contract rates and a 1 % increase to administration. Motion: Action: Carried Recommendation submitted to Council 2006-12-11. e) MW-2006-140 - St. Clair Avenue, South of Queen Street Post Office Parking Restrictions, Curbside Mailing It was ORDERED on the motion of Alderman Thomson and seconded by Alderman Pietrangelo that a "No Standing 8:30 a.m. - 5:00 p.m." on the west side ofSt. Clair Avenue, south of Queen Street in the curbside lane adj acent to the Post Office be implemented. Motion: Action: Carried Recommendation submitted to Council 2006-12-11. NEW BUSINESS a) It was ORDERED on the motion of Alderman Kerrio and seconded by Alderman Wing that staff implement measures to prevent right hand turns from Clifton Hill onto the walkway. Motion: Action: Carried Recommendation submitted to Council 2006-12-11. b) It was ORDERED on the motion of Alderman Thomson and seconded by Alderman Kerrio that the composition of the Niagara Transit Commission be referred to staff for a report. Motion: Carried Community Services Committee -3- December 11, 2006 Action: Recommendation submitted to Council 2006-12.-11. c) It was ORDERED on the motion of Alderman Thomson and seconded by Alderman Diodati that the claim for 4455 Park Street be referred to staff for a report. Motion: Action: Carried Recommendation submitted to Council 2006-12-11. d) It was ORDERED on the motion of Alderman Wing and seconded by Alderman Pietrangelo that staff prepare a report on the installation of a pedestrian signalized crossing on Lundy's Lane at Grey Cliff Manor. Motion: Action: Carried Recommendation submitted to Council 2006-12-11. e) It was ORDERED on the motion of Alderman Wing and seconded by Alderman Diodati that staff prepare a report on the City's by-law with respect to grade alterations. Motion: Action: Carried Recommendation submitted to Council 2006-12-11. ADJOURNMENT It was ORDERED on the motion of Alderman Kerrio that the regular meeting of the Community Services Committee be adjourned at 6:55 p.m. January 22,2007 MW -2007 -03 ~~ Niagara.Fclfllo~ His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2007 -03 Murray Street & Stanley Avenue Directional Signage Update Report RECOMMENDATION: That this report be received for the information of Committee. BACKGROUND: This report updates Council of the status of the directional sign issue in and around the Main Street Business Improvement Area. The Region of Niagara has approved the installation/modification to the following signs. They are: 1. The modification to the existing blue Niagara Fallsview Casino Resort sign facing southbound motorists on Stanley Avenue, north of Murray Street. The sign includes directions to Murray Street, Main Street and Dunn Street with a left arrow preceding each street name. A modification to the arrows is as follows: the left arrow beside Murray Street would remain as is, however, Main Street and Dunn Street would be preceded by an advance left turn arrow. This revision to the sign was supported by the local merchants. Refer to Appendix A. 2. The installation of additional directional signs for Main Street facing northbound motorists on Stanley Avenue. To provide assistance in guiding motorists that seek the continuation of Main Street, two new signs have been approved on Stanley Avenue. They include an advance directional sign just north of Dixon Street that contains the wording "Main Street Continues Northbound (Through Arrow) Use Murray Street." A second sign just south of Murray Street would contain the same wording but with an advance left turn arrow. Refer to Appendix B. Staff reviewed various options for replacing the existing sign facing westbound traffic on /"j: Community Services Department Municipal Works January 22,2007 - 2 - MW-2007-03 Murray Street. This sign directs motorists northbound to the Main Street Business District and southbound for the Lincoln Motor Inn and the Traveller's Restaurant. The three options evaluated included: 1. Overhead structure on Murray Street midway between Stanley Avenue & Main Street; 2. Sign on the signal mast arm at the Main Street/Murray Street/Allendale Avenue intersection; and, 3. Placing the sign at the far side of the intersection. A technical review noted safety issues with each alternative which may lead to collisions. Each option places a sign in an uncommon location to the traveling public. Directional signs such as these are normally placed on the right side of the roadway, well in advance of the turning junction. This allows motorists enough time to make appropriate driving judgements. Therefore, the recommended placement of the directional sign is at its current location, ground mounted on the north side of Murray Street halfway between Stanley Avenue and Allendale Avenue/Main Street. Recommended by: cziJ- Ed Dujlovic, 'p.En-g., Director of MUnicipal Works Respectfully submitted: K. Dren S:\TPS\TPS 1.00 Administration\TPS 1.06 Reports\2007 Community Servies\01 Jan 22\MW-2007-03 Murray Street Directional Signage.wpd i ~'''''' ; '., ''''''\ \ \ t\ ~ PEER ST 0".___--...\ L-Q.~ t_---=.----- .-._-_..~. p;j \.---.......,..-.....--- >- " 'A ~ i . --.-- - .,,"""~'~ ~ --~ ~-~ ~ ~ ~ i :3 \ Rainbow ~ ; \ Motor ~ \ , '. ."; \ Inn -\ if1 ____.1 , '. .,i y_...___..... __~~.._.-~~-...~..-..--.\ \. /" -------.--.---.... \~JJ ,> .JI- - . Travell 's \ \ - Restaur t \ \ ~ \ \ - ~_.._-.'\ .".. ........-...-. .~~. .._--\ \ . ~~\ j .-_.~.-'~ ---~.-~- -~._. ~\:( Lincoln . Motor Inn u \ ~\ ,:;,,, 1 \::3 I)L. -;r' .',' ' ~. ~....) :~ \ \ \ ~ \ ~, r<-c. ; d 'I' __.__J L~~OBINSOT"l ST. a ;> ~ r:w \3 bLl i_ :--......,,. ;........ en ,~ -1 -<o( r~ I ~I ~ MUNICIPAL WORKS Niagara.Fffll~ TRAFFIC & PARKING SERVICES Directional Signage Review Request Rainbow Motor Inn NORTH NOT TO SCALE January 22, 2007 John Grubich Appendix A Existing Sign facing southbound traffic on Stanley Avenue, between Robinson/Murray -, { I Proposed Revision of Arrows Appendix B .. .. III III III II .. I I '.. a !I!I III .. . QD~ ~MITlMJW ~ II III To face northbound traffic on Stanley Avenue, north of Dixon Street .. .. III .. II ~Brru ~ .. ~@UiJOOrnJCill@;3 ~@~~Cill[ffi~ III 1 1 ill .. III a II a 1 a III III .. .. .. III a IIlI II III .. .. a II a a III II 011 .. II .. 1111 III 1 III 1 a III 1111I a a IIlI II III II II .~ [Mil(illITlMJW~. .... . a II II III III II III II a II II II II lllil III III II II To face northbound traffic on Stanley Avenue, south of Murray Street January 22, 2007 MW-2007-07 _JW+ Niagarapg.lJD~ His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2007-07 Valley Way - Parking Review RECOMMENDATION: That a parking restriction be installed on the south side of Valley Way between a point 20 metres west of Drummond Road and Bellevue Street. BACKGROUND: Staff has been requested to conduct a review of Valley Way to determine whether revisions to on-street parking are required between Drummond Road and Bellevue Street. The concern stems from vehicles parking on-street in front of the apartment buildings, thereby reducing roadway width and impeding motorists travelling in opposite directions. In the study area Valley Way is a minor collector roadway consisting of two travel lanes, one in each direction. This section of Valley Way provides access to a small subdivision that consists of approximately 50 residences. Horizontal curves are present throughout the length of the study section. A sidewalk for pedestrian use is present on the south side of the roadway, between Drummond Road and Bellevue Street. Valley Way is 8 metres in width and contains a short parking restriction on the north side of Valley Way between Drummond Road and Valley View Crescent. Curbing is present on both sides between Drummond Road and Valley View Crescent, however, a semi- urban cross-section, containing shoulders and open ditches are present west of Valley View Crescent. Also, a corner parking restriction is present on the south side between Drummond Road and a point 20 metres west. Parking is permitted on the remainder of the study section of Valley Way. Curve warning signs are present in advance of the curves on the roadway forewarning motorists of the geometric changes in the roadways' curvature. In addition these signs are complemented by "Pedestrian Ahead" signs with "Senior" tabs, which advise motorists of potential crossing pedestrians on that section of the roadway where the retirement residences are located. Within the study area, there are three apartment buildings and two retirement buildings Working Together to Serve Our Community Community Services Department Municipal Works January 22,2007 - 2- MW-2007-07 located on the south side. A small neighbourhood park is present on the north side between Valley View Crescent and Harper Drive. A townhouse, located opposite of the apartment buildings is nearing completion. This development will contain 11 units. A small subdivision with about 50 homes is present west of the study area. Staff carried out technical studies on Valley Way between Drummond Road and Bellevue Street to determine whether parking revisions are required on the study roadway. Site investigations reveal that the predominant area where vehicles. have been observed parked is on the south side of Valley Way between Drummond Road and Valley View Crescent adjacent to the three apartment complexes. Vehicles parked on the roadway, particularly within the curve may further reduce the width of the 8- metre road making it difficult for motorists to traverse in opposite directions. This may be further complicated during the winter months when snow accumulates on the road edges. Motorists require additional space for vehicle tracking when completing turning manouevres and do not have the same comfort level as if two motorists approach each other if the road was completely straight. A collision review, conducted for the previous three-year period reveals that a collision problem does not exist as no collisions have been reported within this time frame on the entire study section. Parking questionnaires were delivered to each resident/tenant on Valley Way between Drummond Road and Bellevue Street. Through the questionnaire, residents/tenants had an opportunity to comment on the type of parking control that would most benefit their situation. The minimum criterion requires at least 600/0 of the residents petitioned to respond to the questionnaires delivered. A total of two hundred and fifty (250) homeowners were petitioned on Valley Way between Drummond Road and Bellevue Street, of which sixty-five (65) questionnaires were returned, which is below the required criteria of 600/0. The majority of respondents wanted some form of parking restriction. Although vehicles were observed parked mainly in front of the apartments, restricting parking solely adjacent to these properties may only shift motorists to park in another permissible area. Given that the study area contains several curves, a parking restriction is warranted on the inside part of the curve to provide safe traffic operation throughout the roadway. The absence of parked vehicles will ensure that the minimum stopping sight distance is achieved at any point, and allow pedestrians crossing to the park unobstructed sight lines in both directions when carrying out their crossing. This is particularly important given that this is the main roadway and is used as a collector outlet that provides access to various land uses. Also, in many cases, neighbourhood residents may prefer to use Valley Way, instead of Bellevue Street, as its intersection with Drummond Road is signalized and provides safer through/left turn movements. This relates to a higher percentage of residents driving on Valley Way daily. Two of the three apartment buildings meet the parking requirements in accordance with the City's zoning standards, the third is short 17 spaces. However, the number of parking stalls (67) exceeds the number of units (60), so each tenant does have at least one parking space. There is space to expand the parking facility westerly to provide about 16 more parking spaces, given the existing 15 metre offset from the property line. Both retirement residences meet or exceed the parking standard established in the Zoning by-law. Each unit in the new townhouse development will contain a single car driveway and single-car garage. Four visitor parking spaces will be provided, in addition to on-site garbage collection. January 22, 2007 - 3 - MW-2007. 07 Therefore, based on this information, Staff is recommending that parking be restricted at all times on the south side of Valley Way between a point 20 metres west of Drummond Road and Bellevue Street. C~.. Ed Dujlovlc, P.Eng., Director o~ Municipal Works Recommended by: Respectfully submitted: acDonald, Chief Administratie Officer K. Dren\B.Skiba S:\TPS\TPS 1.00 Administration\TPS 1.06 Reports\2007 Community SeNies\01 Jan 22\MW-2007-1 07 Valley Way.wpd ~ ~ ~czi ~~~ ~1-1~ ;;>u N eighbourhood Park HARPER DR. New Townhouse Comple ,,'11111111111111111'1'1'/,,;. 0 ~~\~\.4.-1 WAY ~/#~. ~ ~~ ~ . ~~~ "\ \) , .. ~ ~y ~ . $-~ ~ t:.,.. ~~ .. . . . . . . . . # ~/#/.J. .~ "/'1'/'1"1'111111111111:1 . ii . . . . . . . . · Retirement Complexes . . . Apartment Buildings BELLEVUE ST. SIDNEY ST. . ~ ~ o .111 I I I. Existing Parking . Restriction j ~ MUN][CIPAL WORKS . iagaraftrf1.l~TRAFFIC & PARKING SERVICES Valley Way Parking Review LEGEND: .11111111'. Proposed Parking Restriction NORTH January 22, 2007 NOT TO SCALE Bart Skiba January 22, 2007 MW-2007-09 -~ NiagaraFffllD~ His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2007-09 lease of City Owned land for Parking Purposes - 5401 Ferry Street RECOMMENDATION: It is recommended that Staff proceed to negotiate with M.S. & J Restaurant Limited (Alfieri Family), for the lease of City owned property at 5401 Ferry Street, for the purpose of establishing of a parking lot. BACKGROUND: This is in response to the letter received from Mr. Rocco Vacca, Solicitor, concerning City- owned property (5401 Ferry Street) located on the northeast corner of Ferry Street and Buchanan Avenue. On behalf of the Alfieri Family, Mr. Vacca has asked the City to consider leasing the property to them for parking purposes or that the City establish a Municipal Parking Lot on this property. The property in question was purchased by the City in 2004, for the purpose of future road widening, related to the Allendale/Buchanan couplet system, as identified in the City's Transportation Master Plan. Based on a preliminary review of the subject lands, and available right of way, there may be an opportunity to construct a parking lot on this property. Should it be determined that a parking lot could be constructed on the said lands, and that it would not be cost effective for the City to establish a Municipal Parking Lot, Staff be authorised to proceed to negotiate with the above mentioned parties for it's lease. fU Recommended by: ..--------. Ed Dujlovic, Director of Municipal Works Respectfully submitted: K.Oren S:\TPS\TPS 1.00 Administration\TPS 1.06 ~eports\2007 Community Servies\01 Jan 22\MW-2007 -109 5401 Ferry-land lease request.wpd Working Together to Serve Our Community Community Services Department Municipal Works NORTH ST. EMERY Sl'o ,.-----....-----.-l -------.-----! \ \ \ I I \ I \ I I ; \ I \ \ \ \ FO~~"P~-~!J ,~JJ- , 'I \ "',>. \ i \ I ,.,v' \ I, . \ ' \ \ \ ,\ q~~\ \ \ I. :--,-f'1 \ \ \ \ 'p' I l I \\ '~~\ \ \ \1 r~I\\ \ II '3 \ ~i I \ i \ ;~, \ \ .. _ __ ___ _~ .i!?1~;'--\ \ .- \ \ ..-'"'' ...,...-..,. '-'-'!~"\ i:'::-:::::'--" \ \ ~."..,.k.",'.'.~.\" \\ \ '\\\.\ \ ~~~'~ \ , ':<, \ \ \ \ ' \ \ ; \ \ \ \ \-------.. NORTH NOT TO SCALE . ~. ~ G; ::.:".:::~..:. ~ ~ rJJ ~ > < \..---.-....\ j \ ! \ \ \. \ I \ \ i \ I i \ \ \ \ \ \ , SF!HjN(~ 8'T t.. ..._ ____,...............-....J --.. - -'~. - - ~ - ~-~ T- ..... ...... -- -- \ \ I_,_.~.!~~~~~~.._~!.'....." . '1..............,......-........... .....j I"Subject I \ Property \ i I \ \ I I : \ \ \ I' \ \ ! i \ \ . \ \ " i I \ I \ \ j R () B It"'l S()l>~ S T' .. MUNICIPAL WORKS iagaraFffll~ TRAFFIC & PARKING SERVICES Lease of City Owned Land For Parking Purposes 5401 Ferry Street January 22, 2007 Karl Dren, C.E. T. ~anuary 12, 2007 MW-2007 -10 _.~ NiagaraFglJn~ His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2007-10 Integrated Municipal Services (IMS) Negotiations RECOMMENDATION: That City staff negotiate with Integrated Municipal Services (IMS) for the fine grading of the proposed park on Montrose Road. BACKGROUND: As part of the sale agreement of the lands located at the northwest corner of the intersection of Montrose Road and McLeod Road to Villarboit Development, the City allowed for the placement of fill from the site to the lands to the north that the City retained for park purposes. Villarboit Development has retained the services of IMS to carry out the grading of their site. Preliminary work has begun and it is anticipated that the full operation will begin the week of January 15, 2007 and last approximately three months. As Council may recall the City did commit to the area residents that the lands that were not sold to the north of the Villarboit site would be retained by the City and developed into a passive park. As only rough grading will be done by IMS as part of the grading work City staff are requesting permission to negotiate directly with IMS to carry out fine grading, placing of top soil and seeding the site. The terms from the negotiation process will be brought back to Council for approval. Committee's concurrence with the above recommendation would be appreciated. Recommended by: /' ~~ ." '-...., ,\ Ed DUjIO~' p.~hi brecrO~~f Municipal Wor Respectfully submitted: nMacDonald, Chief Administrative Officer Community Services Department Municipal Works January 22, 2007 CD-2007 -04 -~ Niagara.FcqllD~ His Worship Mayor Ted Salci and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: CD-2007 -04 Request for City to pay legal fees related to Greater Niagara Transit Commission RECOMMENDATION: That the City not pay the legal fees submitted by Mr. Ungaro on behalf of Mr. Puttick related to Greater Niagara Transit Commission. BACKGROUND: Chronoloay July 2005 Mr. Puttick makes a Freedom of Information ("F.O.I.") request to Niagara Transit ("Transit"). He requests, among other things, per diem and conference expenses for Transit Commissioners going back to 2003. The General Manager responds to his request and outlines the associated fee, which is in keeping with the Regulations under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56. Mr. Puttick's F.O.1. request to the General Manager of Transit (Attachment "1 ") Transit's response of August 25, 2005 (Attachment "2") December 2005 Mr. Puttick applies to the City of Niagara falls (the "City") for a position on the Niagara Transit Commission ("Commission"). Council appoints him. Corporate Services Department Clerks January 22, 2007 -2- CD-2007 -04 Early 2006 On January 16, 2006, Mr. Puttick asked the City if its insurance policy would cover legal expenses incurred by him as a City appointee to the Commission. He was advised by Ken Burden on February 10, 2006, following confirmation through the City's insurers, that such coverage was not available to him. E-mail excerpts between Mr. Puttick and Mr. Burden, January 16, 2006 to February 10, 2006 (Attachment "3") On February 7,2006 Transit engaged Legal Counsel at Sullivan-Mahoney to provide it with advice related to two matters, one related to Governance issues and another related to Employment issues, both arising from Mr. Puttick's conduct. Notwithstanding the information provided to Mr. Puttick that the City would not cover his legal expenses, Mr. Ungaro provided a copy of a letter to the City on February 16, 2006 confirming that he had been retained by Mr. Puttick regarding Transit issues. Mr. Ungaro's letter dated February 16, 2006 (Attachment "4") It is also staff's understanding that around this time, the General Manager of Transit had also retained legal representation. On March 19,2006, Sullivan-Mahoney on behalf of the Commission, sent correspondence to Mr. Puttick addressing governance and employment issues, setting out the Commission's future expectations with respect to both issues and identifying potential legal liability to the Commission as a result of Mr. Puttick's personal conduct. Copies of the related resolutions passed by the Commission were included. March 19, 2006 letter to Mr. Puttick from the Commission (Attachment "5") May 8, 2006 Mr. Ungaro attends at the City's Community Services Committee on behalf of Mr. Puttick to address "his client's difficulties in fulfilling his functions" as a Commission member. The minutes indicate that no action was taken by the Committee of Council on this item. Community Services Minutes dated May 8, 2006 (Attachment "6") May 19, 2006 Mr. Ungaro sends an invoice to Transit for Legal fees incurred by Mr. Puttick. On July 19, 2006 a response is sent from City staff outlining that Mr. Puttick acted as a private individual, that the City did not authorize the legal work or the legal fees incurred for that work. Letter from Mr. MacDonald to Mr. Ungaro dated July 19, 2006 (Attachment "7") January 22, 2007 -3- CD-2007 -04 November 24, 2006 Mr. Ungaro sends a letter to the City requesting that legal fees incurred by Mr. Puttick be paid for by the City and that Council approve that expenditure, in the amount of $1,819.00. Mr. Ungaro's letter of November 24, 2006 (Attachment "8") Leaal Obliaations The City's Indemnification By-law No. 98-165 provides the City with an obligation to provide for the indemnification and legal defence of Members of Council and City Employees, however, this by-law does not extend to an appointee of Council. Failing a contractual or policy obligation to indemnify, none of which exists in this case, there is no legal obligation on the part of the City to pay for legal fees incurred by Mr. Puttick as a City appointee to the Niagara Transit Commission. In fact, Mr. Puttick checked with the City before he was appointed to Transit and before he hired Mr. Ungaro, to see if his legal expenses would be covered by the City. When he was told that they would not be covered he chose to proceed to hire Mr. Ungaro anyway at his own expense. Even where there is an obligation to indemnify for legal fees, a close look at the actual circumstances underwhich they are incurred, is usually engaged in before they are actually paid. For example, where there is wrong doing, bad faith, gross negligence or misconduct on the part of the employee, officer or the person who is seeking to have those legal fees paid, such actions would exclude that person from being entitled to have their legal fees paid. Organization Review Council approved an Organizational Review to "comprehensively assess the City's administrative structure and processes, and evaluate all options to improve the organization's efficiency and effectiveness, and ensure the best use of staff and municipal resources". In addition, the successful consultant, Mercer Delta, was asked to review the feasibility of Transit becoming a division within City operations. There was no mandate requiring Mercer Delta to do an analysis of expenses, or an investigation of conference attendance by Transit Commission members, which was the nature of Mr. Puttick's inquiries. The question that bears asking is had Mr. Puttick not made his inquiries or had he received the information he was seeking would it have changed the conclusions of Mercer Delta? The answer is "no". Mr. Puttick's activities were irrelevant to the analysis and conclusions reached by Mercer Delta. Mercer Delta's conclusions regarding the feasibility of whether to bring Transit in under City operations are independent of Mr. Puttick's inquiries for various pieces of information. CONCLUSION: ~ Mr. Puttick has espoused Transit becoming a division of the City going back to his days as a City Council member. January 22,2007 -4- CD-2007 -04 , ~ Mr. Puttick was interested in past travel expenses incurred by Commissions and made an F.O.I request for such information as a private citizen. ~ Upon being appointed by Council, Mr. Puttick requested various information from the General Manager. ~ The Commission, save for Mr. Puttick, of course, felt that Mr. Puttick's activities were improper, excessive, disruptive and contrary to Commission policy. ~ All parties hired lawyers. ~ Mr. Puttick was advised from the outset that the City would not pay for his legal fees, yet chose to incur the fees anyway and as such they are his personal obligation to pay. ~ The City has no legal obligation to pay for Mr. Puttick's legal fees. ~ The conclusions of the Organizational Review are unrelated to Mr. Puttick's attempts to get financial information on past expenses of Commission members. Recommended by: Dellt:::kLL Recommended by: Respectfully submitted: Mr. Terry Librock, General Manager Niagara Transit 4320 Bridge St. Niagara Falls Ontario. L2E2R7 Attention: Mr. Terry Librock Re: Request under FREEDOM OF INFORM A TION I would like the following information under the Freedom of Information Act: AI For the years 2003 ---2004 and up to the end of July 2005 total per diem remuneration for all commission members for meetings attended in local office. This shown for each member separately. BI For years 2003 --2004---and up to end July 2005 conferences or seminars attended by EACH commission member SHOWING where the conference was held, the total expense for each member BUT please show any per diem separately, if paid while away on conference (particularly the conference in 2005 in Las Vegas). There is $900.00 paid for each person over and above "expenses" --what is this please? C/ A copy of a letter submitted by a board member outlining the non-productive benefit to the Commission in attending USA conferences. I believe this was 2002 or 2003 and was received and filed. (If you have difficulty on this perhaps you can call the ex-board member who submitted the letter. I have his name. Please advise if you require further information on this matter.) D/ For 2003---2004 and up to end of July 2005 the total cost for after commission meeting dinners billed to commission and where such dinners were held. If this is commission members regular expenses please indicate same information. I enclose the required $5.00 fee. This has been hand delivered and I require a receipt as I understand you have 30 days to respond. Thank-you Norm Puttick 3820 St. Peter Ave Niagara Falls L2 J 2 N 6 ~ ~. )> o ::t I: m z -I .. 1ft - . ,0 .,'-> . . . NiagaraN Transit. 3 (D) 4320 Bridge St., Niagara Falls, Ontario, L2E 2R7 Office 905-356-1179 G'arage 905-358-9749 Fax 905-356-5576 Email tIibrockupnia1!aratransit.com Website www.nia2:aratransit.com ~ )> o :I: a: m z -I ~ . August 25,2005 Mr. Norman Puttick 3820 St. Peter Avenue Niagara Falls, Ontario l2J 2N6 Dear Mr. Puttick: Re: Reauest - Freedom of Information Act Further to my email of August 23,2005 (see attached) the application fee of $5.00 was not included in your envelope. r require this fee to start the process; In addition, it will take approximately 9 hours to search and prepare the information as requested, therefore, the cost will be $270.00 ($30.00 per hour as outlined in the Freedom of Information Act) and must be paid prior to completing the process. The 30 days to complete the request will commence when your registration fee is paid. . Yours truly, 7~~ T.D. Librock General Manager TO L!jrb ~ \/7 . ! '-t.. .' 1 . .,. . - ...... . NiagaraN Transit ...... 3 (E) . . 4320 Bridge St., Niagara Falls, Ontario, L2E 2R7 Office 905-356-1179 Garage 905-358-97 49 Fax 905-356-7746 Email teny.librock@niaearatransit.com Website www.niagaratransit.com Request for Info,rmatio,n Under the Freedom of Informa:tion Act 1. The General Manager of Niagara Transit is the official Freedom of Information officer. 2. The attached request form must be completed and submitted with . a $5.00 application fee. 3. The Freedom of Information officer will determine the approximate time to search and prepare information as requested. A charge of $7.50 per 15 minutes and a charge of 20-cents per photocopy (per the Freedom of Information Act) 4. The Freedom of Information officer will contact the applicant with the costs for search and preparation of the material. Charges must be paid before proceeding with the request. 5. The Freedom of Information office will ensure that the request is completed with 30 days if fees are paid by the applicant. 6. All requests will be forwarded to the Commission for information purposes. eQ".') '"".1..'.<' . l"") .~....4 , N IAGARANTRANSIT.. 4320 Bridge St., Niagara Falls, Ontario, L2E 2R1 . Office 905-356-1119 Garage 905-358-9749 Fax 905-356-1146 Email: info@niagaratransit.com http://www.niagaratransitcomt Recj'uest Form: Please Note: A $5.00 a lication fee is re uired for aU re uests. Re~uest for: Name of Institution request m.ade to: . Access to General Records 'Access to Own Personal Information .' Correction to Own Personal Information If request is for access to, or correction of, own personal infonnation records: Last name a' 0 Same as below, or. Miss Last Name: . First Name: Middle Name: Address: (Street/Apt. No.lP.O. Box IR.R. No.) CitylTown: Province: Postal Code: Telephone # (Day): Telephone # (Evening): Detailed description of requested records, personal information or personal information to be corrected. Note: If you are requesting a correction of personal information, please indicate the desired correction, and if appropriate, attach any supporting documentation. You will be notified if the. correction is not made I Signature: I Date:. For Institution Use Only Date Received: Amount Paid: Signature: Personal Information contained on this form is collected pursuant to the Freedom of Information and Protection of Privacy Act/Municipaf Freedom of lnfonnation and Protection of Privacy Act and will be used for the purpose of responding to your . request. Questions about this collection should be directed to the Freedom of Information and Privacy Coordinator at the institution where the request is made. . . .) cDonald - Fwd: Re: Re: Fw: harassment Pa e 1 From: To: Date: Subject: Hello Norm, FYI. Ken Ken Burden Norm Puttick Fri, Feb 10, 2006 3:15 PM Fwd: Re: Re: Fw: harassment ~ ~ o :r: i: m z -I - Ii' Gt . Ken Burden Director of Finance City of Niagara Falls 905-356-7521 ext.4288 905-356-2016 (fax) >>> 1~IOiiJ.iutt" <robertp@firstniagara.com> 02/10/06 2:59 PM >>> -.: T~.~.ijl, lj~l.t,\lltOilttr.i_~<<w!ii':tj_j~~~ . ,"m '~..m;o.t~Jiiii~ii~li~ii~ji;A.J~ ~e. Bob ----- Original Message ----- From: liKen Burden" <kburden@niaaarafalls.ca> To: <roberto@firstniaaara.com> Sent: Thursday, February 09, 20064:28 PM Subject: Fwd: Re: Fw: harassment > Bob, as a follow-up to our earlier conversation regarding this issue, please confirm via return e-mail that the City's insurance policy for legal expense would not extend to Mr. Puttick given the circumstances of his claim and, further, that the Niagara Transit insurance policy may have coverage for this matter. > > Thanks, Ken > > >>> "Norm Puttick" <norm.outtick056(Q>.svmoatico.ca> 02/09/06 2:22 PM >>> > Ken: Appreciate if you check re my legal expenses paid. > > I am not getting information I was told was coming a month ago from Terry. > ' > If my expenses are paid 1m going all the way legally. Thanks > > Norm > ----- Original Message ----- > From: liKen Burden" <kburden@niaaarafalls.ca> > To: <norm.outtick056@svmoatico.ca> > Cc: "John MacDonald" <imacdonald@niaaarafalls.ca> > Sent: Monday, January 16, 2006 4:41 PM > Subject: Re: Fw: harassment > > > Norm, . .. . Guy Ungaro, LL.B. Barrister & Solicitor 3486 Portage Road, Suite 10 I, Niagara Falls, Ontario L2J 2K4 Tel.: (905) 357-5310 Fax: (905) 3"57-9677 February 16, ~006 . VIA REGULAR LETTERMAIL Mr. Tony DiGiacomo Modern Mosaic Ltd. 8620 Oakwood Drive Niagara Falls, Ontario L2E.6S5 Dear Sir: .Re: Terry Librock and Greater Niaaara Transit Commission RECEIVED ' FEB 2 0 2006 OFFICE OF THE ADMiN\STRATO~ )> -I ~ n :I: i: m z -I ~ ~ -+: . As you know, I have been asked to represent Mr. Puttick in these matters. There have been some difficulties between the" parties and rather than see this matter disintegrate to the point to where the commission cannot be effective in assisting the City of Niagara Falls, it is my request that we meet at a convenient time and place together with any solicitors that the commjssion or City feel are necessary with a view to amicably resolving the difficulties which have occurred. It is my belief that a great deal of the difficulty.stems from a lack of a set procedure which should have been given to new members and would have alleviated much of the problem. I look forward to your early reply. Yours truly, . ~ Urygcuo ;la. Guy Ungaro, LL.B. GU/kt cc: John MacDonald Norman Puttick March 19, 2006 Please .Reply to St Cafuarines Office PERSONAL AND CONFIDENTIAL Mr. NonnanPuttick 3820 St. Peter Avenue Niagara Falls, Ontario L2J 2N6 Dear Mr. Puttick: I attach hereto copies of two Resolutions of the Commission passed on the of March, 2006. The purpose of this letter, which is written pursuant to these Resolutions, is to advise you that the Commission considers certain recent actions on your part to be contrary to Commission policies and general standards of procedure for boards or commissions. In particular you should be advised that: (a) repeated and direct cortnnunication to Commission staff should be avoided except for the purpose of general information. Certainly there should be ,no communication with Commission staff that in any way deals with the employment of the individual and/or their work for the Commission; (b) it is improper for a Commissioner to make direct demands to Commission staff for information, copies of records, productions of Commission documents or other material without the proper authorization of the Commission; (c) it is improper for a Commissioner to attempt to direct and/or interfere in the day to day workings of the Transit Commission and its employees. This jurisdiction is exclusively that of the Commission as a whole; (d) it is improper for a Commissioner to engage staff of the Commission in language or tone which is aggressive, threatening or intimidating or which could reasonably be construed as being such; (e) it is improper for a Commissioner, without the clear authority of the Commission, to engage in discussions with members of staff as to their employment arrangements with the Commission; and ~ ~ o :E: a= m z -I ~ . Page 2 of2 (f) notwithstanding any Commissioner's personal point of view or opinion, it is improper for a Commissioner to be disparaging of any employee of the Commission. Such views should only be discussed at the appropriate time and manner at meetings of the Commission. You should be. aware that the Commission has received correspondence from the solicitor for a member of Senior Management which threatens the Commission with a potential action for constructive dismissal. Your actions have been cited as the reason for such a potential claim. The purpose of this letter is to put you on notice that if such a claim is brought and is successful, the Commission may claim over against you for contribution and indemnity for any losses which it may suffer as a result of your actions. Finally, it should be made very clear that it is not the intent of the Commission to constrain you or any other Commissioner from carrying out your duties and obligations as a Commissioner. It is perfectly proper for you to request that the Commission give full hearing to your concerns, and to attempt to move the Commission to carry out such investigations or enquiries as the Commission may feel are justified provided that you do so in accordance with the appropriate procedures and through duly endorsed Resolutions of the Commission and not unilaterally. Yours very truly, The Greater Niagara Transit Commission Per: ~ I cc: Sullivan Mahoney LLP MA K, 1 ~. L U U bY: 4 L AM ~ULLIYAN MAHUNty I~V. V 0 j r. it/ I On a motion made, seconded and carried: RESOLVED: 1. That the Co~ssi6n hereby acknowledges the loyalty, dedication and professionalism of Senior Management Staff and in particular, but without limitation, fuat of its General Manager; 2. The Commission reaffirms its confidence in the ability of Senior Management Staff to continue managing the affairs of the Commission; and that Senior Management Staffhas the full and continuous support of the Commission; 3. The Commission disavows any statements) actions or allegations made by any indhidual member of the Commission and reiterates that the Commission acting as a body has the sole and only authority to, inter alia, establish policy, direct senior. management and Oversee the workings of Com.mission staff a1Id its operations. 4. That no Commissioner may directly and without the affirmative resolution of the Commissioner, demand that Commission staff proVide, produce for or give information of an operational nature for the sole use of a Commissioner and that any such productions shall only result from a request by the Com..mission; .IVllll\. I). LVVU I. 't]IlIYI v V L L 1 Y Ill' IYIIlII V n L I !lV. VV,J I. .J I I 2 5. That this Resolution be circulated to Senior Management Staff of the Conunission and to all Commissioners. ,a~ This resolution was passed on the l4:- day of March, 2006 by the affirmative vote of the follo'Wing. ~.. '6-(pW ~~ Chait \ ~~~ MAK. I? LUUn ~: 4jAM ~ULL1VAN IVIAHUNtY I~V. V 0 j r. 0/ I On a motion made, seconded and earned: RESOLVED: 1. That the Chair of the Commission. be authorized to formally advise .:rvfr. Norman Puttick,l Commissioner, in writing that the following activities by rv.fx. Purtick are improper, in excess of his authorities as a Commissioner, are contrary to . Commission policy, are disnlptive to the workings of the Transit Commission, and are potentially interfering to the con~tual anangements between the Commission and its employees: (a) repeated and direct communication to Commission staff should be avoided . except for thepmpose of general information. Certainly there should be no co~uniqation 'With Commission staff that in any way deals 'With the employment of the individual and/or their work for the Commiss~on; (b) it is improper for. a Commissioner to make direct demands to CotD1J.1ission staff for infonnation, copies of reoords, productions of Commission documents or other material without the proper authorization of the Commission; (c) it is improper for a Commissioner to attempt to direct and/or interfere in the day to day workings of the Transit Commission and its employees. This jurisdiction is exolusively that of the Commission as a whole; (d) it is improper for a COmmissioner to engage staff of the COnunission in language or tone which is aggressive~ threatening or intimidating or which could reasonably be construed as being such; (e) it is improper' for a Co1.nn1issionet, mtho'Ut the clear authority of the Conunissio:t1:7 to engage in discussions with members of staff as . to their employment arrangements with the Commission; and IVIA K ., I J. L U U b ~ : 4 j AM ~ U III VAN !VIA H V Nt Y NV. V 0 j r. 1/ I 2 - (f) notvvithstanding any Commissioner~s personal point of view or opfuion, it is improper for a Commissioner to be .disparaging of allY employee of the Commission. Such views should only be discussed at the apptopriate time and manner at Ineetings of the Commission. . '\Q \tJ This resolution was passed on the ~ day of March, 2006 by the affirmative vote of the following. ~. ~-tw:w~AA'Pv~ \ Chair j2-r::;J'~ -3- Following a brief question and answer period the following motion was made; It was ORDERED on the motion of Alderman Campbell and seconded by Alderman Kerrio that staff prepare a report on stricter standards for the Property Standards By-law and a limit on the number of cars on private property. Motion: Action: Carried Recommendation submitted to Council 2006-05-08. t) CAO-2006-01 .. Organizational Review It was ORDERED on the motion of Mayor SaIci and seconded by Aldennan Morocco that: a) Council approve the attached Terms ofReferen~e for an Organization Review for the City of Niagara Falls. b) Council authorize staff to. hire a consultant to undertake an Organizational Review for the City of Niagara Falls at a cost not to exceed $100,000.00 plus expenses. Motion: Action: Carried Recommendation submitted to Council 2006-05-08. DEPUTATION a) Guy Ungaro on behalf ofNonn Puttick Re: Transit Commission Guy Ungaro on behalf of Norm Puttick advised Committee that his client was looking for the following from the Transit Commission; 1. Policy Manual 2. Procedural By-law 3. Commission members to retract the resolution made and passed at the last Transit Commission meeting. Victor Muratori on by half of the Transit Commission advised Committee that when a person sits as a Board Member, they act through the Board with a resolution of majority. A Board Member has the right to make inquires and they are there to represent the public and the public interest. It does not give the individual Board Member the right to interfere with matters that pertain to the administration of the Corporation. Wherein the administrative staff answers to the Commission or Board. Question is of proper protocol in the manner in which to make a request, which is the position of the resolution. The City Clerk advised Committee that the Transit Commission should follow the same process that Council follows that is a follows; that Commission members can request information from Senior Staff and if that information is easily accessible staffwill provide it. lfthe request involves a labour intensive activity then the Commission member should bring that forward to the Commission and have the Commission vote on it. .-------. .--.y---' )> -I ~ o :E: 3: m z -I 11\ 11\ 6' . . . v" .. ......~ , C-thief Administrative Officer City Hall 4310 Queen Street P.O. Box 1023 Niaga.ra Falls, ON L2E 6X5 web site: www.niagarafalls.ca (905) 356-7521 Ext. 5100 Fax: (905) 374-3557 jmacdonald@niagarafalls.ca July 19, 2006 Guy Ungaro, LL.B. Barrister & Solicitor 3486 Portage Road, Suite 101 Niagara Falls,' ON L2J 2K4 Dear Mr. Ungaro: re: Invoice dated May 19, 2006 for Senices Provided to Mr. Norman Puttick .\ / r would like to clarify that Transit has considered this invoice and decided it was not appropriate for them to make this payment as it did not commission you to carry out this work on behalf of Mr.- Puttick. Mr. Puttick acted as a private individual in this respect and Transit does not believe it is responsible for these costs. In.addition, the City was not directly involved and did not authorize the work or the costs, in advance. Therefore, it would be inappropriate for the City to agree to accept responsibility for the InVOICe. Yoms~~ John MacDonald Chief Administrative Officer JM:kk R:\Niagara Transit\Guy Ungaro re Invoice. July 19, 2006.wpd ..1~ <:\'. I ' J> ~ o :r: 3: m z -I 11\ 11\ ----.:r :I . --. ---- ---- -.'-- ~..... ..".., "'oJ, <"UII ~Ll'y UUYCl.LU ....aw UI:I:J.oe ~ O~O 11 0 0 1 Nut. F~LlS CLERKS ~06112414:50 Guy Ungaro, LL.B. Bardllter fa Solicitor 3486 Portage Roa.d, Suite WI, Niagara Falls, Ontario, L2J 2K4 Telephone: (905) 357-5310 TcleFaJC: (905) 3S7~9677 )> -I ~ o % i: m z -f November 24, 2006 VIA FAX NO. (905) 356-9083 Mr. Dean lorfida The Corporation of the qity of Niagara FaUst City Half '4310 Queen Street P.O~ Box 1023 NIAGARA FALLS, Ontario L2E 6X4 - ~ (:)() . ATTENTION: Mayor and Mem bers of City Council Dear Mayor and Council Members: Re: Norman Puttlck and the Greater Niaaara Transit Commission I represent Mr. Puttick who as a Transit Commission member was denied answers to his inq.uiries and attempts to examine the functfon of the Transit Commission. Unfortunately, the past Council deflected his request. If now appears that an independent firm who has examined the Transit Commission has found enormous discrepancies which completely justify the position taken by Mr. P uttlck. In bringing this to light and incurring legal expenses for doing so, Mr. Puttick has saved the City of Niagara Falls a substantial amount of money. Several current Council members and the Mayor may have a conflict in considering this request but I am requesting Council approve of and pay the expenditure for Mr. Puttlck's legal fees for excellent work done In his capacity as an appointed Transit Commission member. .- Yours truly. t/~ u Ungaro, LL.B. GU*th c. Mr. Norman Puttick