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2007/05/28 CORPORATE SERVICES COMMITTEE AGENDA EIGHTH MEETING Monday, May 28, 2007 Committee Room 2 - 5:00 p.m. Staff Contact 1. Minutes of the May 16, 2007 Meeting 2. Le9al Services Review Ed Lustig, Broderick & Partners, will provide an update on the Legal Services Review Terms of Reference 3. ReDorts: CD-2007-11- Bingo Operations, New Municipal Policy Dean Iorfida F-2007-18 - 2007 Financing Lease .Report Todd Harrison F-2007-19 - Final Tax Notice Todd Harrison F-2007-20 - Property Tax Rates Todd Harrison CD-2007-10 - Specific Location Daily Sales Licences Dean Iorfida 4. New Business 5. Ad10urnment 6. In-camera Session Resolution to go into Closed Meeting ~ NiagaraFtlll.)~ CORPORATE SERVICES MINUTES SEVENTH MEETING WEDNESDAY, MAY 16,2007 COUNCIL CHAMBERS - 5:00 P.M. PRESENT: Mayor Ted Salci, Councillor Victor Pietrangelo, Chair; Councillors Jim Diodati, Shirley Fisher, Carolynn loannoni, Vince Kerrio, Bart Maves, Wayne Thomson and Janice Wing. STAFF: John MacDonald, Ed Dujlovic, Dean lorfida, Denyse Morrissey, Ken Beaman, Trent Dark, Lee Smith, Todd Harrison, Lisa Wall and Joanna Daniels. PRESS: Corey Larocque, Niagara Falls Review Rob Lapensee, Niagara This Week ******* CONFLICT: Councillor Wing indicated a conflict of interest with reference to two items in the Capital Budget: page 165, the Downtown Eastern Gateway that deals with the Niagara Parks Commission and page 168 that deals with Riverview Park. ******* 1. 2007 GENERAL PURPOSES BUDGET The Chief Administrative Officer provided an overview of the 2007 General Purposes Budget. Based on an average household assessment of $159,000, the City property tax for 2007 will be $812.17, an increase of 2.72%. Staff was commended on the presentation of both the General Operating Budget and the Capital Projects Budget, specifically the amount of detail that was included. MOVED by Mayor Salci, seconded by Councillor loannoni, that the 2007 General Purposes Budget be approved as presented with an amendment to include a grant in the amount of $1,500.00 for the Child Advocacy Centre. Motion Carried Councillors Fisher and Thomson O""osed -2- 2. 2007-2011 CAPITAL PROJECTS BUDGET The Chief Administrative Officer provided an overview of the proposed capital projects and funding sources. A lengthy discussion ensued as to the funding of the Downtown SIP. MOVED by Councillor loannoni, seconded by Councillor Fisher, to take any monies past 2007 not previously approved and identified for the Downtown SIP out of the 2007-2011 Capital Projects Budget. The motion CARRIED with the following recorded vote: AYE Councillor Fisher AYE Councillor loannoni AYE Councillor Kerrio AYE Councillor Maves AYE Councillor Pietrangelo AYE Councillor Thomson AYE Councillor Wing NAYE Mayor Salci NAYE Councillor Diodati MOVED by Councillor Diodati, seconded by Councillor loannoni, that the 2007-2011 Capital Budget be approved with the amendment to the Downtown SIP as noted previously. Motion Carried Unanimously Conflict as noted bv Councillor Wing 3. NEW BUSINESS The Acting Director of Financial Services advised that a meeting would be held in the Council Chambers on May 30th from 2:00 pm to 4:00 pm to inform landlords of proposed changes to the water by-law. 4. ADJOURNMENT: MOVED by Councillor loannoni, seconded by Councillor Diodati, that the meeting be adjourned at 6:40 p.m. Motion Carried Unanimously May 28, 200? CD.200? -11 ..~ NiagaraPf!I!~ Councillor Victor Pietrangelo and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: CD-2007 -11 Bingo Operations- New Municipal Policy RECOMMENDATION: 1. That the revised municipal bingo policy be approved as amended 2. That the lottery licensing fee bylaw be approved as amended. BACKGROUND: The Registrar of the Alcohol and Gaming Commission (AGCO) is responsible for administration of the regulatory framework governing the issuance of lottery licences to religious and charitable organizations. In Spring 2005, the AGCO released a consultation document titled, Modernization of Charitable Gaming. It was distributed to all sectors of the charitable gaming industry to obtain input on strategic changes to the existing lottery industry. In December 2005, the AGCO released a follow-up document entitled, Directions and Priorities. This report identified the need for a new direction for the bingo industry. There was a consensus among all Bingo industry stakeholders that a new bingo revenue model was essential if the bingo industry was to survive. During 2006, the AGCO hired HRT Advisory, a consultant with experience in other gaming jurisdictions to review the Ontario bingo industry and recommend changes. The consultant met with all stakeholders and a report was prepared proposing a new direction for the bingo sector. The report recommended game flexibility and the need for new marketing and promotional tools. In addition, a new bingo revenue model was suggested. The new model changes the method of calculating the split of proceeds between the charitable organizations and the bingo hall operator. ..f :'.._..::.'.'_,V - ~.....~ Wo,king Togefh" fo Som Ou' Commuuity Corporate Services Department Clerks .'.....'".. ------ May 28, 2007 - 2 - CD-2007 -11 A recent AGCO press release states the new philosophy for bingos: "The new bingo revenue model is being introduced as part of a wider initiative to modernize charitable gaming in Ontario and approaches the bingo experience in a holistic manner. It was developed with the customer in mind and recognizes that the bingo hall should be viewed as an entertainment destination with bingo as the main draw where the customer does not distinguish between whom offers different services. The aim is to provide an experience where the customer, whether playing games, purchasing accessories or visiting the snack bar, will spend their money and both charities and halls will benefit from the overall revenue. It will rationalize the bingo prize board in order to improve the bottom lines of both charities and bingo hall operators. It will also provide maximum flexibility for the variety of games being offered and prizes awarded in order to maintain the current customer base and attract new customers to play." The date for the new bingo model implementation was May 1st. As a result municipal licensing authorities have to make changes to their policies, by-laws and processes. Prior to the new revenue model, municipalities were permitted to charge 3% of the licensed prize board, with a maximum prize board of $5,500. This would allow for a maximum municipal licensing fee of $165.00 per bingo event. In light of the downturn in the bingo market, our municipality has been charging 3% of actual prizes paid. The fee is remitted monthly, within 10 days of month end. The new fee schedule permits municipalities to still charge up to $165.00 per event but is no longer tied to the prizes paid at the specific event. In addition, the Province has established a fee of .78% of gross wagering as their licence fee, calculated monthly and remitted directly to the AGCO. Staff is proposing the City of Niagara Falls licence fee be 1.5% of gross wagering, with a cap of $165.00 per event. This percentage will allow the municipality to maintain current licence revenues and possibly receive greater revenues based on increases in gross wagering; Therefore, the more successful the bingo hall is, the greater the financial rewards for the municipality and the charitable organizations. For the charities, the new revenue model provides an opportunity to share in all hall revenues, not just bingo proceeds. The bingo hall operator receives 55% of the monies, with 45% retained by the charities. Although the model appears to indicate that the bingo hall operator receives a larger share of the revenue generated, the charitable organizations are only required to pay their licence fee and administrative expenses. The bingo hall operator is responsible for all other expenses incurred at the bingo hall. In addition, 10% of revenues will be placed in a marketing fund to help grow the business. With the implementation of new terms and conditions, the current municipal policy had to be rewritten. The policy has been revised by removing sections that were longer applicable or contradicted the new terms and conditions as stipulated by the AGCO. The changes are, for the most part, housekeeping in nature. Staff is proposing that the policy be effective June 1, 2007. In keeping with the May 1 sl implementation date of the new bingo revenue model staff is suggesting that the new licence fee be retroactive to the beginning of the month, noting those licence fees are remitted to the City within 10 days of the month end. May 28, 2007 - 3 - CD-2007-11 CONCLUSION: The new model provides substantial flexibility to the hall operator and charitable organizations in developing the bingo program and games. This will allow for new and innovative games. In addition, the marketing and promotion tools have been enhanced. Both these tools will allow the industry to attract both new and lapsed bingo players. It is anticipated that with the prize board cap of 70%, the game flexibility and the marketing and promotion tools, the bingo industry will now be able to compete more effectively with other forms of entertainment. In light of the new revenue model, the municipality has had to revise its municipal bingo policy and lottery licensing fee bylaw. Recommended by: ~~!L---- Dean lorfida, C' y CIe'rK Approved by: /L~ Respectfully submitted: A. Duerksen Alcohol and Gaming Commission des alcohols ~.~~ Commission of Ontario et des jeux de l'Ontario 90 Sheppard Avenue East 90, avenue Sheppard Est ~,,~ Suite 300 Suite 300 Toronto ON M2N OM Toronto ON M2N OA4 Ontario April 27, 2007 UPDATE New bingo revenue model to assist charities in raising funds for their communities Toronto ON. The Alcohol and Gaming Commission of Ontario (AGCO) has announced that it is on track to implement a new revenue sharing model for charitable bingo on May 1, 2007. The new bingo revenue model aims to improve the sustainability of bingo and the ability of charities to deliver their programs and services to local communities in Ontario, while maintaining a very high level of honesty and integrity. The new bingo revenue model is being introduced as part of a wider initiative to modernize charitable gaming in Ontario and approaches the bingo experience in a holistic manner. It was developed with the customer in mind and recognizes that the bingo hall should be viewed as an entertainment destination with bingo as the main draw where the customer does not distinguish between who offers different services. The aim is to provide an experience where the customer, whether playing games, purchasing accessories or visiting the snack bar, will spend their money and both charities and halls will benefit from the overall revenue. It will rationalize the bingo prize board in order to improve the bottom lines of both charities and bingo hall operators. It will also provide maximum flexibility for the variety of games being offered and prizes awarded in order to maintain the current customer base and attract new customers to play. Said Peter McMahon, Chief Executive Officer of the Commercial Gaming Association of Ontario: "We are all moving on new ground. It will take courage and vision to achieve real opportunity in what Is ahead for the bingo industry. We will receive flexibility that will allow us to finally focus on the customer experience rather than who controls the business." Accompanying the new model is a pilot project allowing bingo halls to appiy for liquor sales licenses, which should assist in providing a new revenue stream to be shared by hall operators and charitable bingo licensees. The new model will also see administrative practices simplified and reporting practices improved to help ensure both more effective oversight and increased voluntary compliance. Extensive Consultation and Cooperation The new bingo revenue model was developed based on extensive and ongoing consultation with a wide variety of bingo and charitable gaming participants and a significant study of the Ontario bingo industry. In 2005 the AGCO initiated a public consultation which identified consensus that a new bingo revenue model was needed. In 2006, the AGCO engaged HL T Advisory, a consulting firm with extensive experience in gaming research across Canada, who reviewed the current bingo revenue model and provided a comprehensive report with recommendations for a new one. In autumn 2006 and, after consulting with key bingo sector participants, the AGCO accepted its recommendations for a new revenue model. "We are pleased that the AGCO has provided an opportunity for municipalities to work in cooperation with the AGCO on the development of a new provincial model. It ensures that the traditional roles and expertise of each level of government are respected, but regulation is modified to better serve our charities and residents ", said Andy Koopmans, Executive Director, Association of Municipal Managers, Clerks, and Treasurers of Ontario. Retaining a Strong Volunteer Base The new bingo revenue model places emphasis on the need to increase the consistency, accountability and professionalism of individuals interacting with customers. It will formalize the role of administrators commonly retained by licensed bingo charities and enhance opportunities to use professionals where appropriate. But bingo will retain its roots as a charitable activity and the new revenue model also reflects the desire to retain a strong volunteer base. The Criminal Code requires that licensed charities conduct charitable bingo, and the Terms and Conditions of bingo licenses will still require a minimum of three bona fide members of the charitable licensee to attend and be responsible for the overall conduct and management of the events. Bingo hall operators will now have responsibility for providing bingo runners including their wages. However, the hall operators at charity owned halls who currently staff the floor with volunteers, may continue to use volunteer runners so long as they receive no remuneration from the hall operator or charity. Said Lynn Cassidy, Executive Director of the Ontario Charitable Gaming Association: "It is essential that charitable bingo be preserved as an important fundraising tooi for charities. We believe that the new model will provide opportunities for enhancement of the industry in the future. Major change is always a challenge but we will work through the transition Issues together - charities, government and the private sector. ". Industry Representatives Support Initiative The new bingo revenue model is being implemented with the aim of sustaining the bingo industry and revitalizing a valuable fundraising source for charities while enhancing transparency, honesty and integrity. It is supported in principle by stakeholders representing charities, bingo hall operators and suppliers. Said Cam Johnstone, Director of the Registered Gaming Suppliers of Ontario: "The new bingo revenue model was reached after soiid study and will be implemented after extensive consultation. I sat on the Charitable Gaming Strategic Working Group with colleagues representing charities, other bingo hall operators and municipalities as we worked with the AGCO to do this and I'm firmly convinced that we're on the right track. The Alcohol and Gaming Commission of Ontario is responsible for the regulatory framework of charitable gaming in the province. The Commission is an agency of the Ontario government reporting to the Minister of Government Services. (30) Alcohol and Gaming Commission des alcools ~ Commission of Ontario et des jeux de l'Ontario 90 Sheppard Avenue East 90, avenue Sheppard Est Suite 300 Suite 300 ~ Toronto ON M2N OM Toronto ON M2N OM Ontario April 27, 2007 Backgrounder- Bingo Revenue Model In May 2005, the AGCO embarked on a consultation on the modernization of charitable gaming. The consultation included an invitation to our charitable gaming stakeholders to make submissions on areas that could be improved upon in the charitable gaming marketplace. Submissions from hall operators, charities and municipalities identified the existing Bingo Revenue Model as an area in which consideration for change was necessary and indicated the current Bingo Revenue Model did not support the Bingo marketplace through an appropriate share of revenue between the charity and industry sectors. The AGCO commissioned HLT Advisory to review the current Bingo Revenue Model and recommend a new appropriate model for Ontario as it relates to bingo revenues, reasonable and necessary expenses and profits for charities. Analysis of the current revenue model identified a number of areas for consideration, including: . Bingo gaming is a vital means of fundraising for charities in Ontario . Operators have to have the ability to make a profit . There has to be a clear relationship between operating risk and rewards . There has to be greater flexibility in terms of prizes, products, etc. to attract customers The new Bingo revenue model has been developed for the AGCO with the cooperation of both charity and industry stakeholders, In anticipation of implementation, the new model has been presented to and discussed with AGCO's municipal, charitable and industry partners. To address the existing difficulties the new model has been structured based on the following: . All Bingo centre revenues are subject to a split between charities and operators . The split is set at 45% for charities and 55% for operators, recognizing increased costs . Charities are responsible for their own administration and licence fees . Operators are responsible for all other operating costs including labour related to the entire operation . Prize boards to have a maximum average of 70% of wagering in order to increase profits for charities and hall operators while providing maximum flexibility in types of games to appeal to broader customer base . Both charities and operators share marketing expenses and up to 10% of the bingo wager, after prizes, may be set aside in a marketing fund for the promotion of Bingo The AGCO believes in the findings contained in the HLT Advisory report, and is committed to implementing the proposed revenue model with the aim of assisting both charities and industry in the future successful development ofthe Bingo marketplace. CITY OF NIAGARA FALLS MUNICIPAL BINGO POLICY SECTION 1 AUXILIARY ORGANIZATIONS DEFINITION SECTION 2 BANKING PROCEDURES CASHLESS SECTION 3 BONA FIDE MEMBERS "NEW" SECTION 4 BONA-FIDE MEMBER/REIMBURSEMENT EXPENSE POLICY "NEW" SECTION 5 BUSING SECTION 6 ELIGIBILITY SECTION 7 EVENT CALENDAR SECTION 8 NUMBER OF EVENTS SECTION 9 PENALTIES GENERAL SPECIFIC INCIDENTS INCIDENT REPORT - BINGO HALL SECTION 10 PRE-APPROVAL FOR BINGO ORGAI\TIZATIONS SECTION 11 POOLING SECTION 12 REPORTING REQUIREMENTS SECTION 1 -2- SECTION 1 AUXILIARY ORGANIZATIONS DEFINITION FOR LOTTERY LICENSING PURPOSES An auxiliary is an organization that is an offshoot of another organization. One organization is referred to as the parent organization and the other organization is the auxiliary. To be considered as a complete separate entity and not an auxiliary, an organization must be able to legitimately stand on its own and the following criteria should be met before consideration will be given to their status. . Its own ConstitutionlBylaws/Charter/Letters Patent . It should have its own Board of Directors or Principal Officers . A separate incorporation if organization is incorporated in the Province of Ontario . It should have its own charitable aims and objectives. Criteria that would result in an organization being considered auxiliary are: . Joint financial support of one facility . Identical signing officers . Similar aims and objectives . Joint funding of projects . No separate incorporation -3- SECTION #2 BANKING PROCEDURES The bingo procedures, in addition to the Provincial regulations as they relate to the banking practices ofthe bingo licensees are as follows: . Copies of the Canadian bank statements and copies ofthe cancelled cheques are to be supplied to the Clerk's Department by the 30th ofthe month following the month in which they are issued. These statements must be attached to the Charitable Gaming Summary Report and individual session reports for each bingo operated during the month . Where an organization chooses to operate from one designated lottery trust account system, in addition to the copies of the bank statements and cancelled cheques, copies of the individual ledgers must be submitted monthly. . Once a year a budget or proposed budget is to be submitted to the licensing authority for the following year (generally requested in October) This is to be submitted to the licensing authority prior to the issuance of a bingo licence for the next calendar year. Where a budget year conflicts with the calendar year and no budget is available, written notification of this fact and an indication on when submission of this budget will occur. . Any organization that ceases to remain in the bingo business, is required to submit all banking documents and/or ledgers on a monthly basis until such time as all funds have been dispersed from the lottery trust account. Proof of account closure will also be required. CASHLESS The following procedures will be the basis of the "cashless" system used in conjunction with bingo events. FLOATS . Floats will consist of: 2 - $1,500.00 floats of each currency and 1 - $3000.00 float of each currency. The $1,500.00 floats will be rotated amongst each session. The $3,000.00 float will be used for change and prize payouts. Should prizes be paid out of the $3,000.00 float, replenishment of the float is to be done by cheque. . Upon the arrival of at least two designated members at the bingo hall, the bingo float may be requested from the bingo the hall manager. This float will be in a sealed bank bag and will contain a verification sheet from the group who used the float last, itemizing the contents in the bag. -4- . Upon verification of the bingo float, if it is short or over in any way, the hall manager is to be notified immediately so this shortage/overage can be verified. A float error report will be kept and any discrepancies will be deducted or added to the group split at the end of the month. . Upon completions ofthe bingo event, the group will prepare a new float with the specified denominations, complete the verification form, put the float and verification letter in a bag, seal it and return the float to the hall manager. Should you not have the correct denominations required, the $3,000.00 float held by the manager may be used.. DEPOSITS . Hall management will make a deposit of all monies received at the end of each day and the deposit dropped in the provided safe. The designated company shall pick-up, each day from Monday-Friday (holidays excluded), shall pick up the dropped deposits and provide hall management with the respective deposit slip for those monies. . Any shortages or overages will be applied to the individual organizations' split at the end of each month. SECTION #3 BONA FIDE MEMBERS . An individual may only be involved in the bingo operation of (5) five charitable organizations in Niagara Falls. . Any changes to an individuals choice of organization's be provided to the City of Niagara Falls, in writing, and that the information be provided to the organizations involved. . That current municipal policy with respect to penalties be applied to this policy. -5- SECTION # 4 BONA-FIDE MEMBER/REIMBURSEMENT EXPENSE POLICY The the maximum bona-fide member reimbursement is as follows: . $40.00 per session (breakfast, afternoons and evenings inclusive) . The Honorariums/Out of Pocket Expense Reimbursement is to be paid from the proceeds ofthe individual organization's split each month. . Honorarium/Out of Pocket Expense Reimbursements of $1 0.00 or less per person are payable without the necessity to provide receipts. Honorarium/Out of Pocket Expense Reimbursement sheet must be signed by each member accepting the $10.00 fee. . Honorarium/Out of Pocket Expense Reimbursements in excess of$10.00 to a maximum of $20.00 will be permitted with proper receipting. . The reimbursement must be for actual expenses incurred. . Acceptable expenses include, but are not limited to: child care (babysitting), meals, transportation (bus, taxi, or mileage [current government rate] ). . Actual receipts must be provided. In the event that an expense cannot be receipted (e.g. bus fare), a written receipt from the person claiming the reimbursement must be included with any actual receipts. . The receipts must be attached to the Honorarium/Out of Pocket Expense Reimbursement sheet that is provided to the bingo hall manager to be forwarded to the BSA (Bingo Sponsor Association). . The Honorarium/Out of Pocket Expense Reimbursement sheet (with attached receipts) will be provided to the Lottery Licensing Authority monthly, as part of the pooling submission. . Expenses not indicated in the examples above must be approved by the Lottery Licensing Authority, prior to being claimed. SECTION # 5 BUSING OF BINGO PATRONS The practice of busing of patrons to bingo will not be permitted, unless specific permission is granted by the Municipality. -6- SECTION #6 ELIGIBILITY In order to be eligible for a Provincial bingo licence in the City of Niagara Falls and be granted the necessary municipal approval, organizations must complete the APPLICATION FOR LOTTERY LICENSING IN NIAGARA FALLS and comply with the municipalities SPECIAL REQUIREMENTS SECTION #7 EVENT CALENDAR The event calendar reads as follows: MORNING - Monday thru Sunday - 1 per day AFTERNOON - Monday thru Sunday - 1 per day LATE AFTERNOON - Monday thru Sunday - 1 per day EVENING - Monday thru Sunday - 1 per day LATE NIGHT - Monday thru Sunday - 1 per day INDEPENDENT - Friday - 1 per week A morning bingo is operated between the hours of 8: 15 a.m. and 12:30 p.m. An afternoon bingo is operated between the hours of 11.15 noon and 3 :30 p.m. A late afternoon bingo is operated between 2:15 p.m. and 6:30 p.m. An evening bingo is operated between 5:15 p.m. and 10:00 p.m. A late night bingo is operated between 8: 15 p.m. and 12:30 a.m. SECTION #8 NUMBER OF EVENTS No organization will be licensed to conduct more than 52 events in a calendar year. The only exception may occur during a leap year when it is possible for an organization to conduct 53 events in that calendar year. ---- -7- SECTION #9 PENAL TIES Penalties for non-compliance with either Provincial Terms and Conditions and Municipal. Policy, will be as follows: SPECIFIC INCIDENTS 1. Licensee arrives with insufficient number of bona-fide members and a late session start is required: . I st occurrence Written warning . 2nd occurrence Probationary licence for 3 months with licence issuance restrictions to be determined by the licensing authority . 3rd occurrence Three (3) month licence suspension . 4th occurrence Six (6) month licence suspension . 5th occurrence Indefinite suspension 2. Licensee arrives with insufficient number of bona-fide members and cannot conduct the event: Bingo hall is allowed to "replace" the licensee for that event, in accordance with the Provincial Terms and Conditions, the licensee in violation can be subjected to the following: . 1 st occurrence Written warning . 2nd occurrence Probationary licence for 3 months with licence issuance restrictions to be determined by the licensing authority . 3rd occurrence Three (3) or six (6) month suspension 3. If a replacement organization cannot be arranged, the event must be cancelled for that session and the bingo hall will "go dark". time slot and the penalty for the "bingo hall going dark" will be as follows: . I " occurrence Three (3) month licence suspension . 2nd occurrence Six (6) month licence suspension . 3rd occurrence No longer permitted to conduct bingo at that particular bingo hall In order to properly apply the penalties with respect to bona-fide members and the ability to conduct the bingo event and provide an opportunity to replace organizations if necessary, the following policy with respect to Arrival Times will apply: Tllree (3) bona-fide members of tile licensed organization must arrive at the hall, no later than 1 Y, hours prior to the start of their event. If those members are not present in time, the hall manager will than start the proceedings, as described above, for the "replacement oUhe licensee." ---- -8- 4. Licensee is "written up" for other infractions/incidents by either the hall manager or the sponsor's association: . 1 st occurrence Written warning . 2nd occurrence Probationary licence period for three (3) months with licence issuance restrictions, to be determined by the licensing authority. . 3 rd occurrence Three (3) month licence suspension . 4th occurrence Six (6) month licence suspension . 5th occurrence Indefinite suspension 5. Licensee is not permitted to conduct an event/barred from the bingo hall for cause: . The licensee will lose "ownership" of the time slot, will receive a licence suspension, length of time to be determined by the licensing authority and must then reapply for an opportunity to conduct bingo events. This charity will be placed on the bingo event waiting list and will be treated as a new applicant. INCIDENT REPORTS The bingo halls in Niagara Falls will implement an Incident Report Policy. This will consist of preparing a standard form to be used by all bingo halls in Niagara Falls. This form will be used by the bingo hall and the hall charity association to document any incidents that may occur with a particular licensee and copies shall be distributed as follows: . Bingo Hall . City of Niagara Falls . Licensee . Hall Charity Administrator The form shall indicate whether or not the incident is : . Non-compliance with Provincial and/or Municipal Terms . Non-compliance with Bingo Hall and/or Hall Charity Association Terms . Other , . -9- SECTION #10 PRE-APPRO V AL FOR BINGO ORGANIZATIONS Any organization wishing to be pre-approved for a bingo licence must comply with Section 5 of this policy. A list of pre-approved organizations will be administered in the following manner: . The list will be maintained by the Clerk's Department . The groups will be placed on the list in the order in which they are approved. . All openings in the bingo event calendar will be filled from the list of pre- approved organizations in order of their appearance on the waiting list. . When an opening occurs, the opening will be first offered to currently licensed organizations who have expressed, in writing, a desire to change from their current bingo event. The event that becomes available following this procedure, will then be offered to the first organization on the waiting list. At that time, the organization must satisfy the Lottery Licensing Authority that the factors in determining their eligibility on the waiting list have not changed, thereby making the pre-approval still valid. Only new openings will follow the above procedure. Temporary openings, including those resulting from licence suspensions, will be filled from the municipal waiting list until such time as a final decision as to the continued licensing of the organization involved has been determined. SECTION #11 REPORTING REOUIREMENTS An executive list or Board of Directors is to be submitted to the licensing authority on a yearly basis. This is to be submitted to the licensing authority prior to the issuance of a bingo licence for the next calendar year. Where an election of new officers has not taken place, written notification is required which contains the date of election of officers and when the submission of this list will occur. A budget is to be submitted to the licensing authority on a yearly basis. This is to be submitted to the licensing authority prior to the issuance of a bingo licence for the next calendar year. Where a budget has not been prepared at that time, written notification is required which indicates when the budget submission will be received. May 28, 2007 F-2007-18 .~ Niagara.Fql1li Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: F-2007 -18 Financing Lease Report RECOMMENDATION: For the information of the Corporate Services Committee. BACKGROUND: The amendment to Ontario Regulation 46/94 filed September 20, 2002 under Ontario's Municipal Act requires municipalities to analyze and disclose specific standardized information on financing lease agreements. Municipalities shall provide, at least once a year, a report on all finance leasing agreements and transactions entered into by the municipality. The attached Schedule "A" shows all of the City of Niagara Falls' current leases in compliance with the requirements of the amended regulation. In summary, this schedule shows that: - the total cost of all leases is one-half percent of the annual levy - no one lease individually, nor all collectively, represent any material impact to the municipality - the City's 2007 debt and lease repayment is $4,112,607, which is well within the 2007 repayment limit set by the Ministry of Municipal Affairs and Housing which is $26.6 million, (25% of 2005 Revenue Fund Revenues $114.3 million less 2005 net debt charges.) CONCLUSION: Presentation of this report ensures that Council is provided full disclosure on the impacts of these leases on the budget and debt capacity. Working Together to Serve Our Community 'Corporate Services Department Finance May 28, 2007 -2- F-2007-18 It is the Treasurer's opinion thatthese leases, individually and collectively, do not represent any material impact to the municipality. The City of Niagara Falls' debt level and capacity, including these leases, is well within the limits set by the Ministry of Municipal Affairs and Housing. Recommended by: Approved by: 'it) K. E. Burden, Acting Exe tiv Respectfully submitted: C.Luey SCHEDULE "An City of Niagara Falls Existing Leases As at: March 31, 2007 Lease Item Beina Leased Vendor I Finance Co. Reference Annual Cost Term of Lease Renewal Date (axel. taxes I ins) Post Office Box Canada Post $ 625.00 1 Year Annually renewed Safety Deposit Box Scotia Bank $ 75.00 1 Year Annually renewed Mailing Machine & Scale Pitney Bowes inc $ 2,052.00 24 months January 2009 Mailing Meter Franco Typ Postalia $ 708.00 24 months January 2009 Photocopiers: Fire Department CitiCorp Vendor Finance LId 3758110 $ 6,732.00 60 months May 2008 Fire Department CitiCorp Vendor Finance LId 3755940 $ 342.00 60 months Aprii 2008 Print Shop CitiCorp Vendor Finance LId 2642731 $ 15,120.00 60 months June 2007 Print Shop CitiCorp Vendor Finance LId. 3843460 $ 1,260.00 60 months June 2007 780-0306299- Building I By-Law CiT Financial LId. 001 $ 4,020.00 60 months December 2007 Library OCE Canada Inc 2704971 $ 7,450.32 36 months August 2008 Clerks Citicorp Vendor Finance 3758112 $ 3,540.00 60 months May 2010 780-0368050- MayorlCAO CIT Financial LId. 001 $ 3,120.00 60 months Juiy 2010 780-0394938- 18 Various Divisions CiT Financial LId 001 $ 35,208.48 60 months August 2011 Contract - signed Jan Radio Airtime - Fire Department Wireless Works 23/06 $ 45,720.00 60 months X 2 May 2015 Pagers - Fire Department Wireless Works $ 13,200.00 60 months X 2 May 2015 Vehicle ReFueiing System - Arena CiT Financiai LId. N755762 $ 1,133.04 120 months January 2008 Stamford Centre Branch Library T & C Holdings $ 75,064.92 60 months September 2010 Hydro Land Lease Ontario Realty Corp. MH0057 pt Lot 56,9,10 $ 7,150.00 Lot 157/ Storm Sewer Property Ontario Power Generation 0419706 $ 920.00 Annually Montrose Road Allowance Cdn Pacific Railway Co $ 650.00 Annually Grassy Brook Road Allowance Cdn Pacific Railway Co $ 650.00 Annually Municipal Parking Lot 18 (Kitchener I Victoria) MTO Property Lease Del Management Solutions 50 % of Net Parking Revenues Total Annual Lease Cost $ 224,740.76 2007 Annual Debenture Repayment $ 4.112.606.63 City of Niagara Falls Total Debt (Including Leasing Costs) $ 4,337,347.39 2007 Debt Capacity as per MMAH (Repayment Limit) $ 26,620,991.00 Total Annual Lease Cost as a Percent of 2007 Annuai Levy ($41.5 Million) Q;,g% May 28, 2007 -~ F-2007-19 Niagarapf!I'D~ Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: F-2007-19 Final Tax Notice Due Dates for Residential, Pipeline Farmland and Managed Forest Assessment Classes RECOMMENDATION: That June 29 and September 28 be approved as the 2007 Final Due Dates for the Residential, Pipeline, Farmland and Managed Forest Assessment Classes. BACKGROUND: Due to the additional calculations required to prepare the 2007 Final Tax Notices for the Commercial, Industrial and Multi-residential property classes, all assessment classes cannot be billed at the same time. Staff is therefore recommending that the Final Tax Notice Due Dates forthe Residential, Pipeline, Farmland and Managed Forest Assessment Classes be set as June 29 and September 28. Once the additional calculations for the remaining classes have been determined then final tax notice due dates for the Commercial, Industrial, and Multi-residential property classes will be presented for Committee's consideration. Recommended by: Approved by: Respectfully submitted: A. Felicetti ~~.. Working Together to Serve Our Community Corporate Services Department Finance ~\I~~Il'0B~~~Ir~~I,jilJiil';;;~~ .. "'~",'~1!if,"i_~.j!" . .,. ..:.::..:.:. . ~;-)-};,/;:__;t/~:~:;L':::~::;;1_22~~~~ii~1~r:i@~t11~1~!~};%ktJJl~W~~~t~f.?1%li~:~~~~~t~-;- ,~.-. --- -.- '. May 28, 2007 -~ F-2007-20 Niagarapf!ll~ Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: F-2007-20 2007 Property Tax Rates RECOMMENDATION: That the Corporate Services Committee approve the 2007 Property Tax Rates. BACKGROUND: The Regional Municipality of Niagara has approved the 2007 tax ratios and tax rates. In addition, the Province of Ontario has established educational tax rates for 2007. The City is now in the position to establish its tax rates and to proceed with the Final 2007 Billing for the non-capped property classes. This report provides for Committee, the City's 2007 property tax rates. City of Niagara Falls Tax Rates The 2007 tax levy is $43,064,320 ($41,479,600 for 2006). The General taxation portion of this total levy is $37,385,062 ($36,003,145 for 2006); the Urban Service Area taxation portion is $5,679,258 ($5,476,455 for 2006). Corresponding tax rates based on these levies are provided in the following chart. Tax Rates - City of Niagara Falls II I 2006 I 2007 II Urban Urban Tax Rates Service Service City of Niagara Falls General Area Combined General Area Combined Residential 0.428723% 0.068584% 0.497307% 0.440368% 0.070445% 0.510813% Multi-Residential 0.883169% 0.141282% 1.024451 % 0.907159% 0.145118% 1.052277% New Multi-Residential 0.428723% 0.068584% 0.497307% 0.440368% 0.0 Working Together to Serve Our Community Corporate Services Department Finance May 28, 2007 - 2- F-2007-20 2006 2007 Urban Urban Tax Rates General Service Service City of Niagara Falls Area Combined General Area Combined Commercial - Occupied 0.753952% 0.120611% 0.874563% 0.774432% 0.123885% 0.898317% Commercial - Vacant Unit 0.527766% 0.084428% 0.612194% 0.542102% 0.086720% 0.628822% Commercial - Vacant Land 0.527766% 0.084428% 0.612194% 0.542102% 0.086720% 0.628822% Industrial - Occupied 1.182175% 0.189782% 1.371957% 1.128923% 0.180605% 1.309528% Industrial - Vacant Unit 0.768414% 0.123358% 0.891772% 0.733800% 0.117393% 0.851193% Industrial - Vacant Land 0.768414% 0.123358% 0.891772% 0.733800% 0.117393% 0.851193% Large Industrial- Occupied 1.182175% 0.189782% 1.371957% 1.128923% 0.180605% 1.309528% Large Industrial - Vacant 0.768414% 0.123358% 0.891772% 0.733800% 0.117393% 0.851193% Pipelines 0.700276% 0.112024% 0.812300% 0.719298% 0.115066% 0.834364% Farmlands 0.107181% 0.017176% 0.124327% 0.110092% 0.017611 % 0.127703% Managed Forests 0.107181% 0.017146% 0.124327% 0.110092% 0.017611% 0.127703% Farmlands Awaiting 0.321542% 0.051438% 0.372980% 0.330276% 0.052834% 0.383110% Development I Farmlands Awaiting 0.428723% 0.068584% 0.497307% 0.440368% 0.070445% 0.510813% Develooment II Waste Management The Region of Niagara provides waste management services for the residents of Niagara Falls. The Region has determined the costs of this service for 2007 to be $ 6,168,248. To fund this expense, the City collects the taxes from the residents using a separate tax rate. The chart below provides a comparison of tax rates used in 2006 to the recommended rates for 2007. 2006 2007 Property Class Waste Waste Management Management Tax Rate Tax Rate Residential 0.068236% 0.072611 % Multi-Residential 0.140563% 0.149579% New Multi-Residential 0.068236% 0.072611 % Commercial 0.120000% 0.127694% Excess land 0.084000% 0.089386% Vacant land 0.084000% 0.089386% Industrial 0.191061% 0.190967% Excess land 0.124189% 0.124129% Vacant land 0.124189% 0.124129% Large Industrial 0.191061% 0.190967% Excess land 0.124189% 0.124129% Pipelines 0.111455% 0.118603% Farmlands 0.017059% 0.018153% Managed Forests 0.017059% 0.018153% Farmland Awaiting Development I 0.051177% 0.054458% Farmland Awaitinq Development II 0.068236% 0.072611 % May 28, 2007 - 3 - F-2007-20 The Appropriations and Levying By-law has been prepared for Council's adoption, should the Committee approve the recommendation. This By-law authorizes the preparation and sending of Final Tax Notices. Appendix A of the By-law shows the summary of tax rates for each classification and for all levies. Recommended by: Approved by: ~ Ken Burden, Acting Executive Director of Corporate Services Respectfully submitted: Anny Felicetti --- May 28,2007 CD-2007 -10 .~ Niagarapf!l!~ Councillor Victor Pietrangelo and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: CD-2007-10 Specific Location Daily Sales Licences RECOMMENDATION: That staff investigate possible long-term changes to the Licensing By-law to permit seasonal vendors; and That the appropriate Business Improvement Areas (BIA's) be engaged to set appropriate standards. BACKGROUND: Specific Location Daily Sales Licence, as per the City's Business licensing By-law (2001- 031) is defined as " a licence issued to every person who proposes to sell goods wares and merchandise from a specific location within the municipality on a specific day or for a limited number of days". With certain specific location sales the length of time has been limited. Flower vendors usually only sell on Easter and Mother's Day weekends. Fireworks are sold Victoria Day and Canada Day weekends. Over time, however, certain specific location daily sales in the municipality had taken on more permanence. In the tourist section, sketch artists and trinket salesmen set up stands outdoors for the entire length of the tourist season. Logic would indicate that such operations were not for a specific or limited number of days. Many of the specific location daily sales were makeshift booths, set up outdoors, as close to pedestrian traffic as possible. Arguably, most of these daily sales operations were not aesthetically pleasing (see attached sample photos). Also, it could be argued that such make shift operations have an unfair advantage over retail stores in that there is no overhead incurred and no property tax payed. Anecdotally, it has been stated that vendors can make between $10 and $15,000 in the summer, with virtually no fixed costs. As a result, over the last two years, staff has prepared various reports on Specific Location Daily Sales to Council. The approved recommendations: SF - ~.. WO'km::::~"to Se~e Ou, Communi'y Corporate Services Department Clerks it:i,d;'iW~?~1tf%f;l~Jc~:i'~":<d_' '-- -~M&lJ!Il_..' '0 It- I - -:;:::t2;:~.~~dt~fi:!€~~~1,":;.!': C_.;_ , May 28, 2007 - 2 - CD-2007-10 Direct staff to report back on the licensing and control of specific location daily sales as discussed in this report, and direct staff not to issue any licences for such business until Council has reviewed the applicable licensing procedures. (Cf. PD- 2005-44 ). That Council confirm the intent of the Licensing By-law (2001-031) is that Specific Location Daily Sales licences are for a maximum of six (6) days. (Cf. CD-2006-06). The most recent approval is especially important to note. Council agreed with staff's interpretation of the Specific Location Daily Sales licence: Staff's opinion is that it was not the intent of the licensing by-law to have such vendors operate for free if they are present for more than six days. It seems logical to infer that the fee ceiling should also correlate to a time ceiling (Le., six days). Clearly, six days seems in keeping with the temporary nature envisioned by the specific location daily sales. A local sketch artist has written to Council seeking a licence for the "whole tourism season period, especially from April to October." Firstly, no such licence is available, at least not under the Specific Location Daily Sales category, if the artist wants to continue to ply his trade outdoors, on a piece of vacant property in an alleyway between two buildings along Victoria Avenue. It should be noted that the artist could rent space within a retail or commercial space and likely not need a licence. It becomes an issue when he wants to "set up shop" outside on an unused piece of property or parking lot. The sketch artist in question was advised that this year, he would not be able to operate throughout the tourist season. Last year he usurped the by-law by getting other family members to apply for another licence, once the six-day licence expired. He was advised that this was not the intent of the by-law and that staff would be more circumspect in 2007. Staff recently met with the Victoria Centre BIA for input, as the majority of these problematic operations have set up in that business improvement area. The BIA members provided some valuable feedback. Their comments were as follows: . vendor operations could provide some vibrancy to a tourist or business area, as long as there are high standards set for such operations, kiosks etc. . most of these operations in the Victoria Centre BIA have been eyesores and aesthetically unpleasing, therefore, the BIA would ideally like to have input into future standards. . such operations should not sell food or retail items that are readily available in existing businesses in the BIA; however, some services not currently offered should be permitted. . the higher the licence fee and the more stringent the requirements, the more likelihood of a higher quality of service on display. . no vendors should be on (municipal) public property and there should be greater enforcement by City staff. . the specific location daily sales licence seems more appropriate for events such as Rib Fest and, therefore, the City should look at a more "seasonal" vendor's permit for the future. May 28,2007 - 3 - CD-2007-10 CONCLUSION: Two of the tenets of business licensing under the Municipal Act are nuisance control and consumer protection. If the City were to licence such transient operations for the entire summer there is a good chance that every unused piece of pavement could be the location of a trinket salesperson, sketch artist or hot dog vendor. In a controlled area, such vendors may be a positive addition but without some quality standards such operations could arguably cheapen the quality of entertainment and retail currently available. Staff should investigate and work with the tourist area BIA's to come up with a more flexible licence for vendors. It should be stressed. however, that coming up with a new licensing scheme is a long-term proposition. As for the sketch artist, although he may be limited to the six-day specific location daily sales licence, staff work with him to find alternate venues to display his wares. Recommended by: 1?4 ~!!- Dean 10rf~y Clerk Approved by: ive Director of Corporate Services Respectfully submitted: Corporate Services Department CD-2006-06 The City of j~ C~"". 01,1';0, Dean lorfida Niagara Falls 4310 Queen Street City Clerk C d P.O. Box 1023 ana a ~ Niagara Falls, ON L2E 6X5 ___ ~ .J web site: www.city.niagarafalls.on.ca Tel.: (905) 356-7521 Fax: (905) 356-7404 E-mail: diorfida@city.niagarafalls.on.ca May 8, 2006 His Worship Mayor Ted Sa1ci The recommendation(s) and Members of the Municipal Council contained in this report were City of Niagara Falls, Ontario adopted by City Council Members: Re: CD-2006-06 Specific Location Daily Sales RECOMMENDA TION: That Cpuncil confirm the intent of the Licensing By-law (2001-031) is that Specific Location Daily Sales licences are for a maximum of six (6) days; and That staff begin the comprehensive review process, including canvassing the various Business Improvement Areas, in the view of writing a new licensing by-law. BACKGROUND: Last year Council dealt with a re-zoning application for amusement rides and devices on Oneida Lane (cf. PD-2005-44). One of the extraneous issues that arose during the public meeting was the proliferation of vending activities in the Clifton Hill/ Victoria Avenue area. Some of the vending activities have been licensed, but others were operating without business licences. As a result, staff recommended and Council approved the following motion: Direct staff to report back on the licensing and control of specific location daily sales as discussed in this report, and direct staff not to issue any licences for such business until Council has reviewed the applicable licensing procedures. Under the municipality's licensing by-law, there is a licence called "specific location daily sales." Over the years, this has been the category used to licence temporary tattoo artists, sketch artists and other vendors. In most cases, the licensees have set up tables or other makeshift kiosks that are not necessarily aesthetically pleasing. Working Together to Serve Our Community Clerks . Finance . Human Resources . Information Systems . Legal . Planning & Development ..~.,-._-_._._----_._._.._._~.._._._...._.__.~~_.~,...-............... ....-. '-;r-'" -""-... - ------- May 8, 2006 .2 . CD-2006.06 Many of the vendors applying for these licences are from out of town. Because such operations require virtually no overhead, Niagara Falls has become an attractive place for these transient operations. Although, many of these specific location operations have been licensed, staff suspects others have not. Often, these type of operations set up quickly, after business hours on Friday, operate on the weekends and then pack up Sunday afternoon. It should be noted that last summer, weekend by-law enforcement helped clamp down on the illegal vendors. The schedule of the licensing by-law that refers to specific location daily sales defmes the licence as a licence issued to every person who proposes to sell goods, wares and merchandise from a specific location within the municipality on a specific day or for a limited number of days. With certain specific location sales the length of time has been limited. Flower vendors usually only sell on Easter and Mother's Day weekends. Fireworks are sold Victoria Day and Canada Day weekends. Over time, however, certain specific location daily sales in the municipality have taken on more permanence. In the tourist section, sketch artists and trinket salesmen have set up stands for the entire length of the tourist season. Logic would indicate that such operations are not for a specific or limited number of days. It could also be argued that retail specific location daily sales operations have an unfair advantage over retail stores in that there is no overhead incurred. Ideally, staff would amend this section of the licensing by-law to "tighten up" the specific number days under the licence, ifit is Council's wish to do so. Procedurally, however, there are impediments to amending the licensing by-law. The by-law was passed prior to the assent ofthe Municipal Act. 2001. The new municipal legislation made a number of changes that a municipality has to be cognizant of while drafting a licensing by-law. As a result, the municipality cannot simply make minor amendments to the licensing by-law passed under the former Municipal Act. The municipality would have to enact an entirely new licensing by-law. With such procedural impediments in place, staff looked for a way to uphold the original intent of the by-law, which was to allow licences for a limited number of days where appropriate. The fee for non-resident specific location daily sales is as follows: $500.00 first day + an additional $100.00 per day (to a maximum fee of $1 ,000 in one calendar year); therefore, it would take six days for the licensee to be charged the maximum $1,000. Staffs opinion is that it was not the intent of the licensing by-law to have such vendors operate for free if they are present for more than six days. It seems logical to infer that the fee ceiling should also correlate to a time ceiling (i.e., six days). Clearly, six days seems in keeping with the temporary nature envisioned by the specific location daily sales CONCLUSION: Legal, Clerks and Planning staff have analyzed the licensing by-law and associated fee schedule. Based on the above noted interpretation, with Council's concurrence, staff is prepared to resume issuing specific location daily sales. The term of the licence will be for six days maximum in a calendar year. In light of current legislation impediments, staff should proceed with a comprehensive review of business licensing provisions to lead to a new licensing by-law. "-;r- ---..-- May 8, 2006 .3. CD-2006-06 In addition, it may be prudent for staff to canvass the various B.LA.'s to get their opinions on the specific location daily sales when reviewing the licensing by-law. Respectfully submitted: o/~ John MacDonald Chief Administrative Officer Approved by: #~ .. jCc/ , . Ravenda Executive Director of Corporate Services I- .-- -- -- ---~.- ------ -----~._- ----.-- ~-~---l IVVilliam _Clark~SCF0321~JPC3_____ Page 1 I ~-_._-- --------. --.-.. -------- ---_I - 1---------- ---- ------------ page1-j . Wi.lliam (;!ark - DSCF0325_~PG_____ ----- ------ - - ----- --------- 0 .- 0 . . . . , ~:l~; =-. '1- ~=I ~~li~ . :} 'i:'~ ,~J.:' . t 'J ~'l . . I II IH41lik ~ >~ i """'! ." .~~ """~ ------ . -~-- ------------- --------1 l-,"^"illiam Clark -=-[)SCF~~!9~J~~___ ~---~ -------~-- ____ ~age1J ----~----------- -- ---- ' William Clark - DSCF0320.JPG Page 1 . 1._____--- --------- ------ -------- , The councillors of the City of Niagara Falls, I am lJzhi Uu, a Canadian citizen, a portrait sketch artist on Victoria Avenue. I have been jived in the City of Niagara Falls almost 10 years (since 1999 to now). I have a family here, my wife and my son. We bought a house on Armoury Street in 2000 and we have been paying taxes to the City of Niagara Falls since th€n. I live with portrait sketching, my wife help me, and this is the only income for our family's survival. My son just finished his first year in McMaster University and we have to support him for his living and his tuition. Norma!y, every year! renew my license with a year round period, but now it is said that a license period had been changed from one year to oniy six days. it is unreasonable. Portrait sketching is a whole tourism season indusny, not only a six day industry. The City of Niagara Falls is a famous scsnelY area in the world, every other famous scenery area in the world has portrait sketching artists working for tourists, because portsait sketching is one of the purposes of tourists who plan to do. Actuaiiy the portrait skeching service is an attraction to tourists, it pulls tourists to come. Especially the City of Niagara Falls is so called The Honey Moon Capita! of the World, many just married tourists come here to spend their honey moon, and many other tourists come here to marry, some of those tourists want to get portrait sketch taken. So portrait sketching is actually for tourists' convenience. I am a Niagara Falls local artist, Canadian citizen, I and my family live in the City of Niagara Falls a!moust 10 years, we have a hQuse here and we pay the taxes to the city, Our family's survival depends on portrait sketching there whole tourism season, not only "six days". So all I am asking for is a license with wFlOle tourism season period, especially from April to October. Thank you. My artworks can be seen here: http://www.liuiizhLcomlfine_art.htm Yours tfl...!!y, ch~/ k LiZIL.;i liU 4/13/2007 --- The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor 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 May 28th, 2007, Niagara Falls Council will go into a closed meeting to consider two matters that fall under the subject matter of 239(2)(c) of the Municipal Act, 2001, a proposed or pending acquisition or disposition ofland by the municipality. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR