Additions to Council May 28/07 Final
ADDITIONS TO COUNCIL. MONDAY. MAY 28.2007
CORPORATE SERVICES
1. Colour photographs re: CD-2007-10 - Specific Location Daily Sails Licences (Council only)
COUNCIL
1. R-2007-15 - Proposed New Boys & Girls Club of Niagara
. Letter from Todd Brown, Monteith Brown Planning Consultants, dated May 25, 2007
. Addendum dated November 2006 submitted by Boys & Girls Club - New Child & Youth
Centre Preliminary Business Plan
. Review of Feasibility Study Monteith Brown Planning Consultants, dated May 8,2007,
submitted by Boys & Girls Club
2. MW-2007-59 - Greater Niagara Transit Commission
3. Communication from Broderick & Partners re: Niagara Falls Hydro Mergerand Shareholders
Resolution
BY-LAWS
2007-113 A by-law to dissolve the Greater Niagara Transit Commission and to continue the
operations of that Commission as a Division ofThe Corporation ofthe City of Niagara
Falls.
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May 25, 2007
Ms, Denyse Morrissey, Director
Parks, Recreation and Culture Department
City of Niagara Falls
7150 Montrose Road, Unit 1
Niagara Falls, Ontario
L2H 3N3
Dear Ms, Morrissey:
RE: City of Niagara Falls - Proposed New Boys & Girls Club Facility Feasibility Study
This letter is to confirm that the "New Child and Youth Center Preliminary Business Plan
Addendum - November 2006 (Draft 4J' provided by the Boys & Girls Club of Niagara was
evaluated as part of our study process and was commented on as reflected in the "Proposed
New Boys & Girls Club Facility Feasibility StudY' (May 8, 2007),
Our final report recommends that the Boys & Girls Club of Niagara revise their Business Plan in
a manner that reflects our analysis and recommendations,
Sincerely,
MONTEITH BROWN PLANNING CONSULTANTS
~
'-y/ ,',
'.' Todd Brown, MCIP, RPP
President & Principal Planner
Boys & Girls Club of Niagara
A good place to be
New Child and Youth Center
Preliminary Business Plan
Addendum
November 2006
6681 Culp Street, Niagara Falls, Ontario L2G 2C5
(P) 905 357.2444 (F) 905 357.7401 (E) bovsairlsnia@on.aibn.com
www.boysandgirlsclubniagara,org
Boys & Girls Club of Niagara
A good place to be
CNILD AND YOUTN CENTf?E
PNEUMINAF?Y BUSINESS PLAN - ADDENDUM
VEfl/iBEJ?
ruture., ,our
Table of Contents
1. Introduction .. ...............,..........,....... .....,.,....,....".....,.......... ...........,.....".....,......, ......,.........,., ......, ,.1
2, Significant Developments - 2005 - 2006,.......,........................................................................,.....1
3 Updates to the Preliminary Business Plan 2006 ...........,..................,..........................................,..2
3.1 Mission and Core Values .....................................,..............."........."...,,,....,,..,,,,,..........2
3.2 Need for a New Child and Youth Center "....................""...."......"..........,,,.,,....,,,,...,,...4
3.3 New Facilities ..,.,...."..."....., '"..".".",...."......... ....... ,...".".". "........."...".......,..,. ..".." "..5
3.4 Projected Growth 2007 - 2011 "."...."....",....,....."""........".."........."............."......,......5
3,5 Preliminary Operating Program 2007 - 2011....."..,......,...."""........."..."......"..."".."....8
3.6 Preliminary Capital Program 2007 - 2011 ..........."............"...."...."......"..".................11
Appendices
A Preliminary Operating Program 2007 - 2011- Boys and Girls Club of Niagara - Niagara
Falls Unit - November 2006
B Adjustments 2006 - Preliminary Total Budget Report - January 25, 2005
C New Boys and Girls Club - Conceptual Drawing - November 2006
Boys & Girls Club of Niagara
A good place to be
future " OLlr
In January 2005, the Board of Directors presented a Preliminary Business Plan to the City of
Niagara Falls requesting a one-time grant to fund 50% of the estimated $10,000,000 costs
associated with the development of a new facility.
The Preliminary Business Plan presented to City Council, was developed from studies and
documentation gathered from 2002 to 2004. During the years of 2005 and 2006, the Boys and Girls
Club of Niagara identified significant developments with respect to the project and as such
undertook the development of an addendum to update the preliminary business plan.
An additional purpose of this addendum is to provide current information relevant to building a
successful case for support for a New Boys and Girls Ciub in the City of Niagara Fails.
,) Significant Developments 2005 ..
"--
Red Raiders Basketball Association
The Red Raiders Basketball Association indicated to the Boys and Girls Club that in 2004, their
original interest in the new facility was associated with the rising costs of occupancy in school
gymnasiums. With the recent implementation of Provincial Government policy to ensure affordable
rental rates, the Red Raiders Basketball Association recognized that it was more cost effective to
continue with their tradition of operating from school gymnasiums. This development will result in a
significant reduction of space and corresponding reductions to the preliminary capital program and
both revenue and expense in the preliminary operating program.
Capital Program
The original capital program was developed from the "Preliminary Total Budget Report, January 25,
2005" prepared by V. P. Architects Inc. In the report, the land costs were not identified and
construction estimates reflected 2005 projected costs as opposed to 2007 projected costs, This
development results in corresponding adjustments to the preliminary capital program.
Draft 4 New Chi/(.i And Youth Centre
PreHmii/DIY Business Plan Addendum
November 2006
Boys & Girls Club of Niagara
A good place to be
Expansion - Pre School Program
In 2007, the opportunity to move forward with the expansion of the preschool care program and Pre
School Programs was made possible by the adjustments to the Ontario Early Years Satellite
Program. This provides the Club the ability to offer additional preschool care spaces and programs
2006 and 2007. This development results in corresponding adjustments to the preliminary
operating program,
Boys and Girls Club of Niagara Foundation
In 2005, the Boys and Girls Club engaged the consulting services of the Dennis Group to review
the annual communications and fundraising potential of the organization. The final report indicated
a greater potential for fund development than reported in the Preliminary Business Plan. Following
the recommendations of the report, responsibilities for charitable donations and a new annual
campaign program were transferred to the Boys and Girls Club of Niagara Foundation. While still in
transition, there were significant adjustments in the budget structure and funding levels, 2006. This
results in corresponding adjustments to the preliminary operating program.
City Staff Input
In March of 2006, it was noted by City Staff that clarification was required with respect to projected
participation and associated increases in projected fees. Clarity is required to differentiate between
"membership registration" and "membership" to demystify the organization's approach to budget
projection. Further, there were concerns expressed with respect to the reduction in sports and
recreation registrations associated with the opening of the new YMCA operating from the MacBain
Community Center. This results in adjustments to the projected participation and the preliminary
operating program.
,-'. to Preliminaryl3usiness Plan
,)
o'} d Con.!
~'ft, i
In June of 2005, the Boys and Girls Clubs of Canada introduced a new national brand. The new
brand included a revised mission and core values, logo and tag line, Following suit, the new identity
was adopted by the Boys and Girls Club of Niagara, September of 2005.
Draft 4 New Child And Youth Centre
Prelimin81Y Bushwss Plan - Addendum
Novambor 2006
2
Boys & Girls Club of Niagara
A good place to be
Mission
To provide a safe, supportive place where children and youth can experience new opportunities,
overcome barriers, build positive relationships and develop confidence and skills for life.
Core Values
Inclusion & Opportunity
We strive to offer children and youth from all economic, cultural, and social backgrounds access to
the resources, supports and opportunities that will enable them to overcome barriers and achieve
their positive potential in life.
Respect & Belonging
We provide a safe, supportive place, where every child is listened to, treated with respect and
valued in an environment of inclusion and acceptance, Our staff and volunteers model honesty, fair
play, positive attitude, cooperation, and respect for self and others,
Empowerment
We believe all young people can grow into responsible, contributing, and self-reliant members of
society, Children and youth are at the center of everything we do, Through adventure, play, and
discovery, we encourage and empower them to develop healthy lifestyles, a life-long passion for
learning, leadership, and life skills, and a sense of social responsibility,
Collaboration
We work together with families and volunteers in each community, in partnership with the public
and private sector, to create healthy community solutions to providing children and youth with what
they need for optimal development.
Speaking Out
We speak out on behalf of children, youth and their families to reduce disadvantage, enhance their
lives and enable their voices and ideas to be heard,
Draft 4 New Child And Youth Centre
FJreJiminOfY Business ,o{aI1 Addendum
November 2006
e'
Boys & Girls Club of Niagara
A good place to be
3.::
Reaching the Children and Youth
The Boys and Girls Club is unique, seNing the children and youth of Niagara for over 46 years.
There is significant community support for the organization and its programs and seNices,
particularly from those who fully understand the differences of a Boys and Girls Club from other
services providers,
Parks and Recreation Canada, 2001, noted that 3 in 4 children, living in families whose income is
above the low income cut off levels (L1CO's), participate in traditional recreational programs.
Participation decreases to only 1 in 4 children, living in families below the L1CO's. Through
community support, the Boys and Girls Club offers a broad range of programs and seNices in a
low cost accessible model, to reach out to these untraditional markets. This is accomplished
through nominal membership fees, session structured sports and recreation programs and
subsidies where required. This is critical in a City where it is estimated through Statistics Canada,
2001, that 31 % of children live in single parent families with incomes below the L1CO's.
Impact on Children, Youth and Communities
There is a further definite value in the impact the Boys and Girls Club environment has on children,
youth and communities. It has been revealed that 97% of former alumni nation wide agree the Club
had a positive impact on their lives. A recent study by United States Senator Joseph Biden noted
clearly that wherever there is a Boys and Girls Club, there is a significant reduction in juvenile
crime.
Need to Replace Aging Facility
The current facility located at 6681 Culp Street was constructed in 1960, and seNed the community
well for 46 years. Each year, the aging facility shows more deficiencies, increasing associated
operating and capital costs. Two examples are the excessive water use required to maintain the
50-year-old design of the pool and the heat loss through the aging ventilation system. The need to
replace the existing space has not been widely published. The community's children and youth
need to occupy the space until such time as a new facility becomes available.
Draft 4 Ne.'lfti Chile! And Youth Cantle
t'JreIirnioary Business Pian Addendum
November 2006
"1
Boys & Girls Club of Niagara
A good place to be
Program of Requirements
Working with the architect, adjustments have been made to the preliminary conceptual drawing to
reflect the reduction of the space associated with the participation of the Red Raiders Basketball
Association, Economies from further space reductions can be realized when more detailed design
is undertaken.
Proposed Amenities 2006
. Preschool Center
. Child and Youth Activity Rooms
. Double Gymnasium
. Teen Center
. Olympic Sport Pool
. Outdoor Play Area
. Kitchen and Dining Facilities
. Administrative Spaces
. Parking and Bus Staging Facilities
It is important to note, that with the second gymnasium removed from the project, there are no new
spaces planned. Each space planned corresponds to existing space at Culp Street with increased
square footage to accommodate the projected growth.
i
Clarification. Membership
There are five classification of membership at the Boys and Girls Club of Niagara as describe in the
Constitution and Bylaws of the organization, Only two of the membership categories use programs
and services. These are Full Youth Members and Associate Members.
Full Youth Membership is available to all children and youth 0-24 years of age. Membership entitles
the individual access to membership programs and services as describe in Table 5. No one is
denied access due to financial constraints,
Draft 4 l'Jellf/ Chiic! And Youth Centre
Preliminary Business Plan - Ado"endum
November 7006
..
Boys & Girls Club of Niagara
A good place to be
Children and youth participating in licensed care and sports and recreation programs and outreach
are registered as full youth members. Children participating in community programs are not
registered as full youth members.
Associate Members are individuals considered as members, only for the time they are participants
in ancillary community programs as described in Table 5, The number of these members is
developed annually (duplication is likely), however, with the current availability and condition of
space, the activities of these members represent only 3% of the total Club programs and services
and operating program.
Projections - Projected Full Youth Membership
In March of 2006, it was noted by City Staff that clarification was required with respect to projected
full youth membership registrations and associated increases in projected fees. There was a lack of
clarity between "full youth membership registration" figures quoted in Annual Reports and actual
"full youth membership" with in the calendar year.
The number of "full youth membership registrations" recorded in the Annual Reports reflects the full
youth memberships purchased in the fiscal/calendar year but does not reflect total "full youth
membership" in the calendar year. "Full Youth Membership" in the calendar year includes full youth
memberships purchased in the calendar year (full youth membership registrations) and valid full
youth memberships purchased In the previous year.
The total full youth membership has increased from 1,863 in 2001 to 2661 in 2006 as
demonstrated in Table 1.
Table 1 - Summa Total Full Youth Membershi
2000 2001 2002 2003 2004 2005
Full Youth Membership 1,175 1,365 1,456 1,737 1,680 1,803
Re istratlons Purchased in Fiscal
Full Youth Membership
Registrations Purchased in 498 521 716 706 858
Previous Year
Total Full Youth Membershi . 1,863 1,977 2,453 2,386 2,661
Recognizing that the 2005 Full Youth Membership registrations include an estimated 100 youth
from neighbouring municipalities, the current membership in the City of Niagara Falls is estimated
at 2,500. The projected increase in full youth membership in a new facility is 58%, (or 1,500
children and youth) Table 2, based on the SES Public Opinion Study, 2002 and the proposed
square footage of program space.
Draft 4 New Child And Youtll Centre
Prefimi.'IOJ}I Business Plan - Addendum
November 2006
(>
Boys & Girls Club of Niagara
A good place to be
Pro'ected 2011 I Percent Increase
Full Youth Membershi 4,000 I 58% I
Projected Licensed Care Spaces
The Boys and Girls Club develops operating programs for licensed care programs based on the
number of "licensed childcare spaces" awarded by the Ministry of Family and Children's Services.
License for these spaces are awarded on square footage and specific design of available space,
The Club has continually filled the spaces and maintained annual waiting list. The number of
children and families utilizing the spaces varies significantly, The preliminary conceptual drawing
Includes requirements for 45 preschool and 90 school age child care spaces, reflecting projected
increases of 250% (or estimated 25 spaces) and 50% (or 30 spaces) respectively, Table 3,
Table 3 - Pro'ected Licensed Care S aces
2006' Pro'ected 2011 Percent Increase
Preschool S aces 16 45 250%
School A e S aces 60 90 50%
Clarification. Projected Sports and Recreation Registrations
The Boys and Girls Club develops operating programs for Sports and Recreation Programs based
on "registrations" throughout the fiscal year. "Registrations" do not reflect the total number of
participating individuals but the total number of registrations in programs for each session of the
year. It was anticipated by the Boys and Girls Club that "registrations" in the sports and recreation
service area may decrease in 2006 due to the opening of the new YMCA operating from the
MacBain Community Center. Third quarter statistics, for 2006, indicated that the Club experienced
an estimated decrease in registrations in programs of approximately 10%, Adjustments have been
made to account for the difference, This results in projected increases in a new facility by 63% (425
registrations per quarter), Table 4,
Pro'ected 2011 Percent Increase
Sports and Recreation 4000 63%
Re istrations
Updated Program Model 2007
In 2006, the Boys and Girls Club of Niagara introduced the renaming of the "drop in" programs; to
"Zone Programs". Adjustments to the Program Model 2007 are represented in Table 5, To clarify
projected growth in each service area the projected percentages are noted,
Draft 4 New CfJjld And Youth Centre
Prelim/neuy Business ,Dian Addendum
November 2006
7
Boys & Girls Club of Niagara
A good place to be
Table 5. Prol1ram Model 2007
Children and Membership Licensed Child Sports and Outreach
Youth Programs (58%) Care (250%-50%) Recreation (63%)
0-6 years Tot Zone Preschool Care Preschool Family Spirit
Proarams
6.12 years Kids Zone School Age Care School Age Leadership Programs
Programs
12-24 years Teen Zone NA Youth Programs Alternative Education
Shelter Programs'
Transportation and Meal Services (58%)
Community Programs (63%)
'The alternative education and shelter programs will not be affected,
F"rogram 2007 - ,201 'i
Significant Assumptions. Overview
The Boys and Girls Club of Niagara implemented successful annual operating programs, 2000 _
2006, by ensuring an excess of revenue over expense, This was accomplished through increasing
"earned revenue" primarily through growth and fee increases. Increases in revenues were invested
to enhance the quality of programs, strengthen the infrastructure and increase the Club's capacity
to carry out strategic plans.
The Operating Program in the Preliminary Business Plan was based on assumptions applied to the
2005 Approved Budget. The Preliminary Operating Program presented in the Addendum is based
on the Proposed 2007 Budget. Both of these budgets included revenue and expenses associated
with the Niagara Falls Unit only.
Significant Assumptions. Expenses
Expenses are anticipated to increase by 1.7% annually from 2007 - 2011. This is consistent with
recent inflation rates in "The Latest release from the Consumer Price Index, October 2006,
Statistics Canada. More significantly, this is consistent with the Boys and Girls Club annuai
average wage increases of 1.7%. Wages represent over 75% of total operating costs.
Occupancy in the new facility, 2009, is $338,000.00 calculated as in the preliminary business plan
with a 4% to ref/ect inflation in projected costs of 2005 to projected costs of 2007. The expenses
calculated with this formula approach, likely duplicates undefined maintenance expenses included
in the program budgets. This may result in increased revenue over expense at year-end.
All "operation" expenses from 2006 are included in the preliminary operating program. The
projected economies achieved by operating multi-facilities, utilizing the same infrastructure are not
defined and may result in increased revenue over expense.
Draft 4 New Cfiikl Ami Youth Centre
PrelimtnOlY Business Plan - Addendum
November 2006
S
Boys & Girls Club of Niagara
A good place to be
Expenses, directly related to program delivery, are projected to increase proportionately to
incremental increases in participation. The projected increases are distributed evenly over five
years represented in Table 6, It is likely growth may occur sooner in licensed care programs based
on current waiting lists.
Table 6 - Summa - Pro'ected Incremental Particj ation
Preschool Spaces 2006 30% - 2007 30% - 2008 30% - 2009 30% - 2010 0% - 2011
21 21 27 35 46
School Age Spaces 2006 0% - 2007 0% - 2008 15% - 2009 15% - 2010 15% -2011
60 60 60 69 79 91
SR Registrations / 2006 0% - 2007 0% - 2008 20% - 2009 20% - 2010 20%-2011
Communit Pro rams 2,300 2,300 2,300 2,760 3,312 3,974
Member Participation / 2006 0% - 2007 0% - 2008 15% - 2009 15% - 2010 15% .2011
Trans ortation 2,500 2,500 2,500 2,875 3,306 3,802
Significant Assumptions. Revenue
Revenue must increase at an annual rate of 2% to offset increased expense. There will be a one
time additional increase of 5% program fees to offset the increased occupancy cost in the new
building, 2009. The impact on program fees is determined to be consistent with market thresholds
and is represented in Table 7. Increases are distributed evenly over each year but application will
fluctuate,
Revenue, directly related to program fees, is projected to increase proportionately to incremental
increases in participation, The projected increases are represented in Table 6. Membership Fees
will remain at $20 per year 2007 - 2011 to ensure continued accessibility, In the addendum, the
membership fees were developed with percentage increases to the fees received in 2006. This will
address the significant "slippage" in membership fees due to reduced or forgiven fees, noted by
City staff.
Table 7 - Sample Projected Fee Increases 2006 - 2011
Proiected Fee Increases 2006 2007 2008 2009 2010 2011
Membership 20,00 20,00 20.00 20.00 20.00 20.00
Adult Aquatics 3.50 3.57 3,64 3,90 3,97 4,05
Children's Swim 40.00 40.80 41.62 44.53 45.42 46.33
Children's Sports 40.00 40,80 41.62 44.53 45.42 46.33
Children's Sports 35.00 35.70 36.41 38.96 39.74 40.54
Chiidren's Sports 25.00 25,50 26.01 27.83 28,39 28,96
School Aoe Care 7.00 7.14 7.28 7.79 7.95 8.11
Preschool Care 35.00 35.70 36.41 38.96 39.74 40.54
Draft 4 NeiN Child And Youth Centre
Prelirnir181Y Business Plan - Addendum
November '}OO6
:)
Boys &. Girls Club of Niagara
A good place to be
Summary
The preliminary operating program 2007 - 2011, demonstrates surpluses each year, Table 8.
Excess of revenue over expense is anticipated to provide for additional contingencies and
equipment. As stated in annual financial statements, the value of in kind goods and services is not
defined but contributes greatly to the operation of the organization.
The Annual Capital Program will be offset by the annual surpluses. It is anticipated the Annual
Capital requirement will be met in 2009 through the Capital Equipment Budget.
Table 8. Preliminary Operating Program Summary 2007.2011 (Appendix A)
2007 2008 2009 2010 2011
Revenue 1,124,427.00 1,211,526.74 1,449,184.29 1,707,087.25 1,855,372.79
Expense 1,065,728.00 1,118,963.98 1.396,493.13 1,569,151.87 1,682,427.90
Balance 58,699,00 92,562.76 52,691.17 137,935,38 172.944,89
Significant Assumptions - Long Term - Revenue and Expenses
The preliminary operating program is based on historical performance and does not reflect the
significant opportunities for increased revenue in a new facility. By diversifying existing programs to
include public swims, expanded aquatics sports programs including diving, synchronized
swimming, and rental programs in the Boys and Girls Club of Niagara will realize increases in
revenue to support the new facility,
Beyond 2011, revenue sources must increase at a rate to offset increases in expense.
Recreational programs and services, in the City of Niagara Falls, have been delivered by not for
profit organizations for over 45 years, This practice represents a tremendous savings to the
taxpayer compared to municipalities that directly deliver theses programs, Through supporting the
Boys and Girls Club of Niagara in this project the City of Niagara Falls will realize the benefits of a
new enhanced indoor recreational and aquatics facility at only 50% of the capital costs and 11 % of
the annual operating costs, making this project an excellent strategic long term investment.
Draft 4 New Chifd And Youth Centre
Pre!iminEiIY Bush/ass Plan - Addendum
NOI/ember 2006
Iu
Boys & Girls Club of Niagara
A good place to be
Capital Program
The capital program in the preliminary business plan was developed based in the "Preliminary
Total Budget Report, January 25,2005" prepare by V, P. Architects Inc, The land costs were not
identified and the estimates reflected 2005 projected costs as opposed to 2007 projected costs.
Construction costs are adjusted by an increase of 7%, Canadian Construction Industry Forecasts
2006 - 2010, Canadian Construction Association, and service area costs by 4%, to develop the
2007 projected capital program, Table 9. Significant savings were realized by reducing the space
requirements associated with the Red Raiders Basketball Association, Economies from further
space reductions can be realized when more detailed design is undertaken on the "Conceptual
Drawing 2006", (Appendix C)
The adjustments to the capital program are based on preliminary conceptual drawing of a new
35,000 square foot facility and a represented in Table 9.
495,060,00
722,121.00
6,964,40600
279,996.00
120,817.00
706,479.00
9,288,879.00
Preliminary Funding Formula
The reduction in total budget costs results in corresponding adjustments to the anticipated funding
sources, Projected funding formula consists of three components, Capital Campaign proceeds at
$3,000,000; estimated savings associated with Estimated Project Savings at $1,650,000, and a
one-time contribution from the City of Niagara Falls at $4,650,000, Table 10.
Sources 2006
3,000,000.00
1,650,000.00
4,650,00000
9,300,000.00
Draft 4 NeH/ Child And Youth Ccmtre
ProJimim:ilY Business Plan - Addendum
November 2006
11
Boys & Girls Club of Niagara
A good place to be
The Capital Campaign represents $3,000,000.00, as projected through the Capital Campaign
Study of 2005. The Campaign Plan involves best practice of sequentially soliciting family gifts,
leadership gifts, major gifts and general gifts. The Campaign was ceased early in 2006, midway in
the family campaign, when it became evident that leadership gifts would be announced only when
municipal funding level was known. The preliminary campaign activities of 2005 - 2006 resulted in
$300,000.00 cash pledges to the project representing one tenth of the total campaign
Estimated Project Savings is comprised of several sources, which will "draw down" the cost of the
project. Specifically, the Club intends to request a capital grant from the Ontario Trillium
Foundation to fund equipment and furniShings. However, federal, provincial and regional
government support can be identified only when municipal funding levels are known. Further
testing will continue to identify in kind project gifts. $500,000.00 in kind donations was received to
date, including the gift of the property on McLeod Road, Niagara Falls.
-1 - 7
December 2006 to February 2007, the Boys and Girls Club of Niagara will concurrently: work
closely with the New Project Committee and consultants to further develop the case for support for
a new Boys and Girls Club; better define in kind gift capabilities; test the capital program expenses;
and prepare to resume the Capital Campaign.
Draft 4 Nel;1/ Child And Youth Centre
Pre/imioety Business Plan - Addendurn
November 2006
1:2
Boys & Girls Club of Niagara
A good place to be
;.)
'"
:(-~. -
Draft 4 New Chi/C1 And Youth Cemtre
Prclirnin8/}I Businoss Plan - Addendum
Novomber 2006
J3
APPENDIX B
Boys [,. Glrls Ctob 01 Niagara
A quod pl<'lci' to be
PROPOSED NEW BOYS AND GIRLS CLUB OF NIAGARA
Adjustments October 2006 - Preliminary Total Budget Report _ January 25, 2005
Original Estimates Adjusted Estimates . Adjusted Total
A LAND ACQUISITION COSTS
a) Land costs (Badger Property) 465,000.00 1
b) Legal Costs 5,500.00 2
c) Surveyffop 6,000.00 6,240.00 3
d) Topographical 10,000.00 4
e) Geotech/Solllnvestigation 5,000.00 5,200.00 3
f) Other (Env/Slorm) 3,000.00 3,120,00 3 495,060.00
b) SITE DEVELOPMENTIWORKS
a) Outdoor Surfaces 274,005.00 284,965,20 3
b) Storm Water Services/Drainage 39,000.00 40,560.00 3
c) Sanitary System Services 20,000.00 20,800.00 3
d) Water lines/Services 15,000.00 15,600.00 3
e) Site Pian Agreement Items 346,342,00 360,195.68 3 722,120.88
C BUILDING CONSTRUCTION
a) 6 Lane Pool Component 2.111,855.00 2,259,684.85 5
b) Double Gymnasium Component 1,240,000.00 0 6
c) Double Gymnasium Component 1,240,000.00 1,326,800.00 5
d) Buiiding Components 2,526,280,00 2,523,348.20 3,6
e) Basement Areas 210,000.00 224,700,00 5
f) Viewing 264,000,00 282,480.00 5 6,617,013,05
g) Building Continency 207,162,00 115,797.73 3,6
h) 35% GST 297,278.00 231,595.46 3,6 347,393.19
0 FURNITURE AND FIXTURES 279,996.04 3 279,996.04
E FEES, PERMITS, CITY CHANGES
a) Building Permit 59,438.00 44,800.00 6
b) Development Charges 99,036,00 75,600,00 6
c) Plumbing Permits 417.00 417,00 120,817.00
F ARCHT/DESIGN ENGINEERING
a) Engineering Fees 263,728,00 274,407,52 3,6
b) Architectural Fees 523,060,00 408,181,19 3,6 682,588.71
c) GST 3,5 27,538.00 23,890.62 3,6 23,890.62
F SUMMARY
Totai Costs 9,778,139.00 9,288,879.48 9,288,879.48
Estimated blended costs sq fool for
construction 189.06
SUMMARY OF ADJUSTMENTS
1. Regional Appraisals, Appraisal of McLeod Road Property
2. Brian Sinclair, Legal Costs
3, Statistics Canda,Consumer Price Index, October 2006 (Increase 4%)
4. V P Architects Inc., October 2006
5. Canadian Construction Association. Industry Forecast 2005 (Increase 7%)
6. Reducation of sq footage assocaited with 2nd Double Gymnasium
""'1~ $. Gi/l~ (ILl!> "j N'~r,Jo A1>PENDIX A
1'. ~"'(:><~ P")C<' to 1>..
PRELIMINARY OPERATING PROGRAM_ BOYS AND GIRLS CLUB OF NIAGARA - NIAGARA FALLS UNIT 2007 _ 2011 _ NOVEMBER 2006
Y7D101l>6 PRW2lJD7 PFlW211ll<l PROJ:ZOO~ MOJZ~o PRW2Dff YT01W05 PRo.J2007 PRtl,12!lOB PRo.l:waa PRo.o20fO PRo.J2ltr1 Y=f'2W!i PFrO,!2007 PROJZOllll PRo'!20a~ PRo.o20'~ PROJ2011
REVa!UI< REVEN\J!1 REV!:N\J11 REVEN\.!I< REVa!Uli REVI!NUE: IOX.>'I<NSE: SXPIWSE: SXPENSE ElPOlSE EXPEN:>=: EXPeNSl< ElALANCE BAl.ANCl< nAl.ANe~ BALANCI! BAl.ANCS BAlAN"
REVENUE
GFlANTS-PROVINClAL 26,szg..oo 29-,68.'>.00 30,27&70 30,884.27 31,5OT.96 32.13:2.00 26.529-.00 29.685.00 3O.;[t(I]O 30,384.27 31,501.96 32,132.00
GPANTS--REGIONAl. 23.397.00 Z2,572,oo 23,023.44 23.483.91 23.953.59 24,432.66 23.3&7.00 22,572.00 23,023.44 23.483.91 23.953.5& 24.432,66
GRANiS-MUNlCrPAL 175,000.00 210,000.00 214,20(too 218,4$4.00 2:22,a53.68 227,3Hl.75 115/JOO.00 210,000.00 214.2Y.I.00 218,4S4.oo 222,353.53 227,3tO.75
GRANTS-PRIVATE 15,610.00 16.016.00 16,336,32 16.663.05 16.996,31 17.336.23 15,610.00 16.016.00 16,33.Ed2 16.003.05 16,%5.31 17.336,23
GRANTS-CHARITABlE 6:2,500.00 80,000.00 81.600.00 83,23;2.00 84,896",64 86.594.57 62,500.00 80,000.00 81.O{lO,OO B3,232.OlJ 64.896.64 86,594.57
MEMBERSHIPS 17,63tl.00 20,000-.00 20,000.00 24.000.00 28.800.00 34,560,00 H,mo.oo 20.000.00 20,000.00 24,000.00 28,800.00 34.560.00
FUNDRAISING 2'1,193.00 31.000.00 31,620.00 32.252.40 32,897.45 33,555.40 21.1&3.00 31,000,00 31.620.00 32,252.40 32,897.45 33,555.40
OPERA nONS
ACCOUNTlNG/AUD/7 29,2:26,00 27.175_00 27,636.98 28.1[16.80 :28,5B4.62 29.070.56_ 29,226,00_ 27,175.00_ 27.636.98_ 28,106.80_ 28.584.62_ 29,070.56
ASSOCIATION DUES 5,126.00 5,250.00 5,339.25 5,430.02 5,522.33 5.616,21. 5,126.00_ 5,250.00_ 5,339.25_ 5.430.02_ 5,522.33- 5.616.21
BANKiNG EXPENSES 4,231.00 5,532.00 5,626.04 5,721.69 5,818.96 5,917,88_ 4.231.00_ 5,532.00_ 5,626,04. 5,nU59. 5,818.96_ 5,917.88
MEEnNGS AND DEVELOPMENT 8.818.00 4,837.00 4,919.23 5,002.86 5.087_90 5,174,40 8,818.00_ 4,837JlO. 4,919.23_ 5,00286 _ 5.087.90_ 5.174.40
DIR.UABIUTV 4,272.00 4.357.00 4,431.07 4.506.40 4,583.01 4,6S0.92_ 4,272.00_ 4,357.00_ 4,431.07. 4.506.40 _ 4,583.01_ 4.660.92
OFFICE SUPPUES 7,297.00 9,S:n,OO 9,584.89 9,649_53 10,018.98 10.187.26_ 7,297.00_ 9.523.00_ 9,684.<1,,- 9.!I49.SJ. 10,016.98_ 10,187,26
ADMIN STAFF EXP 75.072.00 89.024.00 90,537.41 92.076.54 93,641.85 95,233,75_ 15,072.00 ~ 89,024.00_ 90,537.41_ 92,076.54_ 93,841.85_ 95.233.76
MARKEnlVGIPROMOTlONS 13,990-.00 14,550.00 14,797.36 15.048,90 15,304.74 15,564.92_ 13,990.00_ 14,550.00_ 14.797.35_ 15.048.90_ 15,304,74- 15.564.92
OCCUPANCY
OCCUPANCY FORMUlA 338,000.00 $43,746.00 349,589.68 - 338,000.00- 34;3.746.00_349.589.55
CLEANING AND SUPPiJES 24,009,00 31.040.00 31.567.68 24,009.00_ 31,040,00_ 31.567.68
MAlNTENIWCE STAFF EXP 27,905.00 34,340,00 34,923.78 27,905.00_ 54,34(tOO. 34,923.78
NATURAL GAS 29.129.00 37.532.00 38,170.04 29,129.00_ 37,532.00_ 38,170.04
;('IVRO 12,429.00 16.854.00 17,140.52 12.429.00_ 16,854.00_ 17,140.52
BUILDING MAlNTrENANCE 6,069.00 7,182.00 7.304.09 6.089.00. 7,182.00_ 7.304.09
POOL MAlNTENANCE 7,177.00 4,000.00 4,068.00 7,177.00_ 4,000.00. 4.D68.00
WASTE REMOVAL 3;802.00 4,595.00 4,673.12 3.802.00_ 4,595.00_ 4,513.12
WATER 11,325.00 15,300,00 15,621-12 11,326,00_ 15,360.00_ 15,821.12
COMMUNICATIONS MAINTENANCE 2,000;00 2,592.00 2.636.06 2,000,00_ 2,592JlO. 2,636.06
OFFICE EOUIPMENT RENTAl. 6,568,00 8,079.00 8.216.34 6.568.00_ 8,079,00_ 8.216.34-
TELEPHONE 9,418.00 11,802.00 12,002.63 9,418.00. 11.802.00_ 12.002.63
PROBlUAB INSURANCE 14,S61.00 17,544.00 17,842.2$ 14,861.00 _ 17,544.00_ 17.842.25
HEALTH AND SAFETY ,,",00 000.00 976.32 885,00_ ,",,00. 976.32
SECURiTY 410.00 ","00 5€5.4S 410.00. 556,00- 565.45
TRANSPOFU'ATlON
INSURANCE_VEHICLE 7,285.00 9,307.00 9,465.22 11,045.91 12;890.58 15.043.30. 7,2$5.00_ 9,307.00_ 9.465.22_ 11.045.91_ 12,890.58_ 15.043.30
TRANSPORTATION MAJNT. 9.611.00 14,040.00 14.278.68 18.663.22 19,445.98 22.693.46_ 9;611.00. 14,040,00_ 14,278.68._ 16,663.22. 19,445.98_ 22,693.48
TRANSPORTATlONIGAS 9,935.00 13,260.00 13,485.42 15.737_4.9 18.365.66 21,43.2.71_ 9.935.00_ 132€O.00 _ 13,485.42_ 15,737,49 _ 18,365.65. 21.432.71)
SPORTS AND RECREAnON
ADULTLAfJE SWIM 2,683.00 3.500.00 3,570,00 4,533.90 5,531.36 6,748.26 3,264,00 3,D4IJ.00 3,001,68 3,762.57 4.579.05 5.572.71. 581.00 460,00 ,,= 171.33 952.30 1,175.55
AQUAFIT CLASS 12,311.00 15,119.00 15,421.38 19,585.15 23,893.89 29,150.54 6.831.00 8.001.00 8,137.02 9,902.75 12,051,65 14;600,85 5,480.00 7.11&00 7,284.36 9,682.40 71,842.24 14.483.69
S\1Il'M LESSONS 53,954.00 58.194,00 59,367.138 75,384.51 91,969,10 112,202.30 31,393.00 31,400.00 31,933.80 38.853.43 47.296,81) 57,560.21 22.561.00 26,794.00 27.424.08 36,521.07 44,672.30 54,642.10
UFESAVING SOCIETY PROGRAMS 5.018.00 5,118.36 6,500.32 7,930.39 9.675.07 15,888.00 16,158.10 19,684,40 23,931,58 29,124.73 10,870.00. 11,039.74_ 13,184.09. 16,001.19_ 19,449.66
BRONZE CROSSlMEDlSR 3,668.00 1,232.00 2,436.00
INSTRUCTORS 337,00 337.00
RECERTIFICATION 887.00 330.00 S57.00
SR PROGRAM SUPERVISION 53,201.00 61.954.00 63,007_22 64,07&34 65,167.67 66,27:;;52_ 53.20U)O _ 61,954.00_ 63,007,22_ 64,078.34_ 65.167_67. 66,275,52-
SAFETY COURSES 1,045.00 1,952.00 1,991_04 2.528,62 3,084.92 3,763.60 4,041.00 4,000,00 4.068.00 4;950.76 6.025.07 7.332.51. 2,996.00_ 2,048.00_ 2,076.96_ 2,422.14. 2,940.15. 3,568.91
DANCE 2,532,00 2,540.00 2,6.92.80 3.419.86 4.172.22 5,090.11 651.00 744.00 756.65 920.84 1,120.66 1.363.85 1,881.00 1,896,00 1,936_15 2,499.02 3,1JS1.56 3,726.27
ADVENTURE 4,609.00 4,790.00 4,BBS.80 6,204.97 7,570.06 9.235.47 4,588.00 4,923.00 &,OO6.6..g 6.093.14 7,415.35 9.024.49 2UlO _ 133.00_ 120.89 111_82 184.70 210.98
GYMNASTICS 4,496.00 4,560.00 4.651.20 5,907,02 7,200,57 8,792.01 2.033.00 1,937.00 1,869.93 2.391.40 2;917.64 3,550,77 2,463.00 2.623.00 2.681.27 3,509,62 4,288.93 5.241-25
~RATE 1.610.00 1,640.00 1.672.80 2.124.46 2,591,84 3,162.04- 1,058.00 1.092.00 1,110,56 1,351,56 1,844_84 2.001.78 552.00 ",",00 ""'" m.oo 946.99 1.160.27
UCENSED CARE
BEFORE/AFTER SCHOOL 120,227,00 150,400.00 153.408.00 H17,l57.76 218,974.58 256,200.26 69,739.00 79,283.00 80,630.81 94,09'5.16 109.810.21 128.148.52 50,438.00 71,117.00 72,m_19 93,061.60 109,164.38 128,051.74
EVeJlNG CARE 28,010,00 38,196,00 38,959.92 47,531.1ll 55,611.39 65.065.33 14,798.00 18,297.00 18,808.05 21.715.59 25.342.10 29,574.23 13,212.00 19,899,00 20.351.87 25;815.51 30.269.29 35,491.10
NORTHEND AFTER SCHOOL 14.971.00 19.770.00 20,165,40 20,568.71 2O,9BCtOO 21.399.68 11,327,00 15,584,00 15,84R93 16.11&36 16.392.37 16,671,04 3,844.00 4.186.00 4.316.47 4,450.35 4.587.71 4,728.64
PRESCHOOL SUMMFIR CAMP 26,705,00 35,145.00 46.391_40 63.558,22 83,894.21 85,572.09 11.192.00 15.541.00 20,467.50 26,955.69 35,500.65 36,104.16 14,913.00 19,604.00 25,923.90 36,600.52 48.3.'B.56 49,467.93
PRESCHOOL CHIWCARE 127,392.00 209,779.00 276,908.28 379,384.34 500,760.93 51O,i76.15 81,419.00 129.6$8.00 170,759,59 224.890.37 296,180,62 301.215.69 45,S73.00 80,121.00 106,148_69 154,473.97 204,580.31 209.560.46
EARLY YEARS 36.907.00 8,300.00 27,386.00 8.300.00 9.521.00
R PROGRAM COORDINATION 36,965.00 40,380.00 41.066.46 41,764.59 42,474.59 43.196.66_ 36,955.00_ 40.380.00. 41,066.4$_ 41.764.59_ 42.474.59_ 43,196.66
a-t11JJREN'S PROGRAMS
KIDS ZONE 48,523.00 60.160.00 61,18272 71,400.23 83.3:24.07 97.239.19_ 48,523.00 _ 60,160.00_ 61,1827:2. 71,400.23_ 83,324.07_ 97.231'L19
HOUDAV PROGRAM (DEC) 3,393,00 3,460,86 4.222_25 4,940.03 5,779,84 87.00 2,684.00 2.129.63 3,185,48 3,117.45 4.338.26_ 87.00 709,00 731.23 1.036.77 1,222,58 1.441.57
HOUDAY PROGRAM (JAN) 3,309.00 3,400.00 3,468.00 4,230.96 4,950.22 5.791.76 2,638,00 2,670.00 2.715.39 3.168.86 3;6!08.06 4,315.64 671-00 no.oo =" 1,062.10 1,252.16 1,476,13
HOUDAY PROGRAM (MAR) 7,325.00 7,514.00 7.664.28 9,350,42 10,939.99 12.799.79 3,386.00 3,44$.00 3,503.57 4.088.66 4,171,47 5,568.30 3,939.00 4,069.00 4.160.72 5.261.76 6,168.53 7,231.49
SUMMER PROGRAM 105,087.00 100,785,00 108,920.70 132,883.25 155.473,41 181,903.89 79,08Mio 80,426.00 81,793,24 85,452.71 111,393.32 129,995.00 26.007.00 26,359.00 Zl,127.46 37,430.54 44,080.09 51.907-39
SUPPER CLUB 005.00 1.080.00 1,101.60 1.343.95 1,572,42 1.839.74 3,312.00 4.400.00 4,474.80 5,222.09 6,094,18 7.111.91_ 2.?57.oo. 3.320,00 ~ 3.373,20 ~ 3,878.14. 4.521.76_ 5,272.17
M PROGRAM COORDINATION 38,758.00 40,380,00 41,066.46 41.764.59 42.474.59 43,196;66_ .38,75<UJO _ 40,380.00_ 41,066,46_ 41,764,59_ 42,474.59 .. 43,196.65
YOUmAND VOLUNTEERS
YV PROGRAM COORDINATiON 17.956.00 20.190.00 20.53323 20,882.29 21,237.29 21.598.33_ 17.956.00_ 20,190,00_ 20,533.23_ 20,882.28_ 21.237.29_ 21,588.33
I..EADERS1NTRAlNlNG 569.00 1.053,00 =.00
TEEN SUMMER CAMP 3,900.00 4,500.00 4.590.00 5.598.80 6,551.77 7,665,'57 4.085.00 4,340,00 4,413,78 5,160.88 6.011-08 7,014,93_ 179.00 160.00 176.22 _92 ,.,.., ""'"
TEEN ZONE 7,150.00 8,083.00 8.220.41 9,593.22 11,195.29 13,064.90_ 7.150,00_ 8,083,00_ 8,Z2ll.41. 9,593.22 . 11,195,29 ~ 13,064.90
TORCH/KEYSTONE 1.2'35.00 ',157.00 1,176.67 1.373.17 1,602,49 1.870.11_ 1.235_00. 1,157.00_ 1.176.67_ 1,373.17_ 1.602.49_ 1.870.11
COJll/MlJNITY PROGRAMS
FAClUTY PROGRAM 1,589,00 1,879.00 1,916.58 2,434_06 2.969,55 3,622.85 233_00 316.00 321.37 391.11 475.-00 579.27 1,336,00 1,563.00 1.595.21 2.042.95 2,493.57 3,ll43.58
PARTIES PROGRAMS 9.826.00 12,000.00 12,240,00 16,544.80 18.964,66 23.136.% 3,971,00 4,964.00 5.048.39 6,143.89 7.477.11 9,099.65 5,655.00 7,036.00 7,191,61 8,400.91 11,487.54 14.037.24
POOL PROGRtlMS 12,133.00 15.600.00 15.912.00 20,208.2"4 24,654.05 30,077.94 3.020.00 3,200,00 3,254.40 3,960.60 4,820.06 5,866.01 9,113.00 12,400.00 12.667.60 16,247.6"4 19,834.00 24.211_94
TOTALS 92881';2.00 11~A 427.ClCl 1Z11526.74 , 184.29 1.7070&7_25 1855372.79 9Il7207.00 1065.728.00 1118963_98 1398493.13. 156')151.87 1sa2A27.90 21sn.OD 58699.00 9?562.76 52691.17 13793S.38 172944.89
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Boys & Girls Club of Niagara
A good place to be
New Boys and Girls Club
Review of Feasibility Study
Monteith Brown Planning Consultants
May 8, 2007
New Boys and Girls Club Review of Feasibility Study, Monteith Brown Planning Consultants - May 8. 2007
Presented to City Council by the Boys and Girls Club of Niagara - May 28, 2007
1
Overview
The purpose of this report is to provide City Council with supporting comment from the Boys and Girls Club of Niagara with respect to the Feasibility
Study prepared by Montieth Brown Planning Consultants, May 8, 2007, The Boys and Girls Club thanks the team at Montieth Brown Planning
Consultants, Club representatives, City representatives and Councilor loannoni, who worked on the Review Committee to move forward this most
important project which is of course a New Boys and Girls Club Facility for the community of Niagara Falls. As an overall comment on the work
completed, the Feasibility Study represents a valued resource that the Boys and Girls Club can use as reference not only for the New Club in Niagara
Falls but also for future development in municipalities throughout the Region.
Since the onset of developing a new Boys and Girls Club, studies indicated significant support in the community for this initiative. The Feasibility Study,
prepared by Monteith Brown confirms that the community values the services provided by the Boys and Girls Club1, that the Boys and Girls Club plays
an important role in the communityz, that there is a need to replace the existing BGCN facility3 and that there is a role for the City in funding the new
facility4.
Projections based on the study's household survey suggest increases in memberships of 10% - 22% and program participation of 27% - 55% in a new
Boys and Girls Clubs. The confirmation of both community support and increased participation is critical in moving this initiative forward.
Recommendations
City Commitment
1. City approves one half of construction costs "in principle"
. BGCN secures remainder of capital costs
. BGCN revises Business Plan
. BGCN assumes cost overruns
. City/BGCN enter into ownership/lease agreement
. City commits up to $5,000,000.00
2. City honours approval - two years
3. City/BGCN strengthen relationship - project principles
4, City/BGCN work together with community to address needs
5. City/BGCN develop purchase of service
New Boys and Girls Club Review of Feasibility Study, Monteith Brown Planning Consultants - May 8, 2007
Presented to City Council by the Boys and Girls Club of Niagara - May 28, 2007
2
The Boys and Girls Club concurs with the study recommendation that City Council approve support of this project in principle, The Boys and Girls Club
is committed to supporting the approval through securing the remainder of capital required, revising the business plan, assuming the potential overruns,
and working through the ownership/lease arrangements.
The Boys and Girls Club concurs that approval within two years will be required and recognizes the benefits of strengthening the relationship with the
municipality based on the project principles recommended in the study. The Boys and Girls Club currently participates in collaborative meetings
between municipal staff and community service providers throughout the Region and recognizes this recommendation as a progressive step fostering
cooperation and coordination. The Club currently holds purchase of service agreements with the Federal, Provincial and Regional levels of government
and would be pleased to forward the templates to City staff to assist in the development of a municipal agreement.
Site Evaluation & Analvsis
6. Site Selection
The Boys and Girls Club was gifted property on McLeod Road valued at $500,000.00, representing one-tenth of the proposed capital campaign goal.
To date the Club has invested $60,000 in development of the site. The property has been rezoned as institutional and a preliminary site plan completed
based on City staff recommendations, This represents a significant investment which can be utilized by the community at no cost to the taxpayers. The
property meets the site selection criteria of the Boys and Girls Club including proximity to population served, owned vs. lease, cost, proximity to
residential growth, expansion space for Lightning Gymnastic Club, and is available within an acceptable timeframe.
The Boys and Girls Club has reviewed the site work in the Feasibility Study and noted that all 20 selection criteria would not likely be considered by the
Boys and Girls Club in selecting a site. A most important criteria - proximity to population served - represented only 10% of the total achievable points.
Only the McLeod Road and A.G. Bridge Park sites are within reasonable proximity to 73% of the population served (Club membership 2006) Appendix
B. The Boys and Girls Club will work with city staff to identify the feasibility of A.G. Bridge Park as a potential site and consult with project supporters,
and stakeholders to further evaluate the merits of these sites,
Facilitv Size and Aquatics
7. Reduce Facility Size
8. Reduce Pool Size
New Boys and Girls Club Review of Feasibility Study, Monteith Brown Planning Consultants - May 8, 2007
Presented to City Council by the Boys and Girls Club of Niagara - May 28, 2007
3
The proposed 25 meter, 6 lane pool was selected for the New Boys and Girls Club for several reasons. In the early phases of the project, the most
common response from stakeholders was the need for a larger aquatics facility, Early research noted that the proposed pool represents a public
amenity and public water surface comparable to those in same size municipalities. The design complements the existing leisure pool at the MacBain
Center and fills certain gaps in services identified in the 2007 Recreation Strategic Plan6.
The Feasibility Study revealed that the two public indoor public pools located at the Boys and Girls Club and the YMCA are currently at 70% and 41%
capacities respectively?, with Brock University Pool meeting 5% of outstanding community needss. Based on this, the Study recommends reducing the
size of the pool. Reducing the size of the pool would certainly reduce both capital and operating budgets and expedite the completion of the project.
The Boys and Girls Club is prepared to present the significant financial merits of this option to members and stakeholders.
The Boys and Girls Club also recognizes that continued evaluation of the financial economies and program benefits of a 25 meter pool is warranted,
2007 Recreation Strategic Plang The Feasibility Study recommends an investment of $1.68 million in a new indoor aquatic facility1o. The additional cost
to the taxpayers to construct the larger pool in the New Boys and Girls Club is only $379,000 (2007) in comparison to the cost to the taxpayer of
$3,785,241 to construct the larger pool ten years in the future (2.44m with 5% increases annually).
Caoital BudGet Estimates & Proiect Costs
9. Refine Capital Program
10. Establish specific design quality guidelines
The Boys and Girls Club has reviewed the cost estimates proposed in the Feasibility Study. The Feasibility Study presents an option of investing an
additional 2.66 million to offset increased costs associated with the proposed altemative construction approach, higher end construction materials and
a larger contingencYl1 Understanding the capital limitations, the project can be brought back within budget by reducing space. The proposed
construction options warrant serious consideration and can more appropriately evaluated when the facility design is refined and finalized.
Annual BudGet and OoeratinG Costs
11. Revise Plan for potential deficits
12. Revise Plan 2010 and beyond
13. Revise Plan revenue and expense (occupancy)
14. Work toward further developing program costs
15. Commit to a Capital Reserve
New Boys and Girls Club Review of Feasibility Study, Monteith Brown Planning Consultants - May 8, 2007
Presented to City Council by the Boys and Girls Club of Niagara - May 28. 2007
4
The most significant new piece of information gleaned from the Feasibility Study is associated with the significant increases in projected occupancy
costs at $25.40 sq ft 12. With a specific breakdown of this figure and separation of blended program and occupancy costs in the Boys and Girls Club
operating program, an exact understanding of potential deficits can be confirmed and addressed, The Club concurs that revisions are required with
respect to reducing projections beyond 2010, updating revenue and expenses accordingly. The commitment to a long term capital reserve can be
established when ownership and lease agreements are reached,
Fundraisinq Campaiqn
16. Revise funding strategy
The Boys and Girls Club agrees that revisions to the capital campaign statement of need and capital campaign plan can be undertaken concurrently as
the City and the Boys and Girls Club work through the project. The Boys and Girls Club will work to engage lead supporters to recommence the silent
phase of the Campaign,
Movino Forward
Although this Feasibility Study represents a critical milestone in the quest for new Boys and Girls Club, it is but one of several steps that will be
required13. Most important to the success of this initiative is the commitment of the City Council, City Staff and Council and the Boys and Girls Club to
build on the recommended project principals14. The Boys and Girls Club will undertake activities forthwith to finalize the key issues of site and facility
size and work with the City to develop purchase of service and ownership lease agreements. Moving forward on this project represents a significant
strategic investment in the community and in Niagara's children and youth, The Boys and Girls Club supports moving forward with the City of Niagara
Falls in this initiative.
New Boys and Girls Club Review of Feasibility Study, Monteith Brown Planning Consultants - May 8,2007
Presented to City Council by the Boys and Girls Club of Niagara - May 28. 2007
5
Appendix A - Subscript Reference
Subscript Proposed New Boys and Girls Club Facility Feasibility Study, MBPC, May 8, 2007 Page
1 Proposed New Boys and Girls Club Facility Feasibility Study, MBPC, May 8, 2007 vii
2 Proposed New Boys and Girls Club Facility Feasibility Study, MBPC. May 8. 2007 2
3 Proposed New Boys and Girls Club Facility Feasibility Study. MBPC, May 8, 2007 4
4 Proposed New Boys and Girls Club Facility Feasibility Study, MBPC, May 8, 2007 4
5 Proposed New Boys and Girls Club Facility Feasibility Study, MBPC, May 8, 2007 21
6 Proposed New Boys and Girls Club Facility Feasibility Study. MBPC, May 8, 2007 26
7 Proposed New Boys and Girls Club Facility Feasibility Study. MBPC. May 8, 2007 iv
8 Proposed New Boys and Girls Club Facility Feasibility Study, MBPC, May 8, 2007 B2
9 Proposed New Boys and Girls Club Facility Feasibility Study, MBPC. May 8, 2007 26
10 Proposed New Boys and Girls Club Facility Feasibility Study. MBPC, May 8, 2007 45
11 Proposed New Boys and Girls Club Facility Feasibility Study, MBPC, May 8, 2007 47
12 Proposed New Boys and Girls Club Facility Feasibility Study, MBPC, May 8. 2007 39
13 Proposed New Boys and Girls Club Facility Feasibility Study, MBPC. May 8, 2007 1
14 Proposed New Boys and Girls Club Facility Feasibility Study. MBPC, May 8, 2007 vi
New Boys and Girls Club Review of Feasibility Study, Monteith Brown Planning Consultants - May 8, 2007
Presented to City Council by the Boys and Girls Ciub of Niagara - May 28, 2007
6
Appendix B - Boys and Girls Club Membership - Distribution by Postal Code - 2006
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New Boys and Girls Club Review of Feasibility Study, Monteith Brown Planning Consultants - May 8, 2007
Presented to City Council by the Boys and Girls Club of Niagara - May 28, 2007
7
May 28, 2007 MW-2007-59
..~
NiagaraFfJl!D~
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW.2OO7.59
Greater Niagara Transit Commission
RECOMMENDATION:
That Council pass the additional by-law on this evening's agenda to dissolve the Greater
Niagara Transit Commission and to continue the operations of that Commission as a
Division of The Corporation of the City of Niagara Falls.
BACKGROUND:
On February 5, 2007, Council heard a presentation from Ian Smith from Mercer Delta
Organizational Consulting regarding the future of the Greater Niagara Transit Commission
and Organizational Review Update. One of the recommendations in the report regarding
Greater Niagara Transit is that the Commission be dissolved and that it become part ofthe
City's administrative structure.
Subsequent to the report the following two motions were passed and approved by
Committee and ratified by Council. "It was ORDERED on the motion of Mayor Salci and
seconded by Councillor Thomson that the consultant's recommendations be received for
the information of Council." The second motion made; "It was ORDERED on the motion
of Mayor Salci and seconded by Councillor Thomson that the transit operation be formally
taken over by the City of Niagara Falls as part of its administrative structure." Following
these motions City staff then carried out a review of the various acts and by-laws related
to the formation of the Greater Niagara Transit Commission. After completing the review
staff determined that the Commission could be dissolved by simply passing a by-law.
Accordingly, the by-law on tonight's agenda fulfills the motion that was passed by Council
on February 5, 2007.
The effective date forthe dissolution of the Commission is May 31,2007. Attached to the
report is a resolution dated May 23, 2007 from the Commission reiterating their motion of
January 15, 2007 in agreement with the dissolution of the Transit Commission.
Working Together to Serve Our Community Community Services Department
Municipal Works
May 28, 2007 -2- MW-2007-59
Council's concurrence with the above recommendation would be appreciated.
Recommended by: Ed DUjIOC~f Community Services
/1 /J~ ~i
Respectfully submitted: l.._ "
J il MacDonald, Chief Administrative Officer
Attach:
S:\REPORTS\2007 Reporls\MW-2007-59 - Niagara Transit commission.wpd
RESOLUTION OF THE BOARD OF DIRECTORS
OF
GREATER NIAGARA TRANSIT COMMISSION
WHEREAS having resolved on the 15th day of January, 2007 to dissolve itself for the purpose of
facilitating the continuation of the passenger transportation service established, maintained and
operated by the Commission within the City of Niagara Falls, the Commissiori hereby makes the
following Resolutions to further that end;
RESOLVED THAT:
1. Any and all powers of the Commission shall be exercised by The Corporation of the City of
Niagara Falls as ofthe effective date of the by-law of that City whereby this Commission is
dissolved and the passenger transportation system established, maintained and operated by
this Commission continued as a division of that City.
2. The Corporation of the City of Niagara Falls, acting through its Executive Director of
Community Services, is hereby appointed as the lawful attorney of the Commission for the
purpose of resolving any liabilities of the Commission for which the Commission is insured
including, without limiting the generality of the foregoing, claims alleging negligence on the
part of the Commission arising out of acts, omissions, circumstances or incidents that
occurred or should have been known to have occurred prior to or upon the effective date of
the by-law of that City whereby this Commission is dissolved and the passenger
transportation system established, maintained and operated by this Commission continued
as a division of that City.
The undersigned, being a majority of the Directors ofthe Commission, hereby adopt the foregoing
Resolutions this 24th day of May, 2007.
lVtw~ to.J I~~ / c;z, t~,--Y cJ&.
y
,
Anthony DiGiacomo, Chairman R. T. (Ted) Salci, Mayor
I: ~
Dan Carter
Lou anges
.k
~an Puttick
BARRISTERS AND SOLICITORS
I!.~ B~9r2N~I~~~~~~~S~!~5~LP
4625 ONTARIO AVE. rF({](p)~r
P.O. BOX 897
May 28, 2007 \"...... '........1/ !
._,,-,~~-- .,,~..~ L ...
NIAGARA FALLS. ON
CANADA L2E 6V6
TEL (905) 356-2621 HAND DELIVERED
FAX (905) 356-6904
broderlckpartners.com
City of Niagara Falls,
4310 Queen Street,
J.J. BRODERICK Niagara Falls, Ontario.
lI.C.. L,S,M,
Law Society Certlned L2E 6X5
Civil Litigation SpeclallBt
W.A. AMADIO Attention: Mr. Ken Beaman
J.B. HOPKINS Dear Sir:
G.A. KIRKHAM
RE: NIAGARA FALLS HYDRO MERGER
I.M. GILBERTI
Fluent In Italian & French
In respect to your letter of May 22nd, 2007, please find enclosed herewith
R. B. BURNS our opinion in this matter. You will note that we have concluded that the
E.P. LUSTIG Agreements are in accordance with the provisions set forth in the Term
Sheet approved by Council on May 29th, 2006. We would also draw your
M. D1GffiOLAMO attention to the provisions respecting governance in the second paragraph
of page 3 of our letter wherein we noted that the issue of equal
D. F. MARINELLI representation on the merged entity complies with the provisions of the
(1945 - 1997) Term Sheet approved by Council.
We also enclose herewith a Shareholder's Resolution to be passed by
Council, as sole Shareholder of Niagara Falls Hydro Holding Corporation,
this evening covering the authorization of the President and Secretary of
,
.
-2-
HoldCo to execute various documents in connection with this matter.
Yours truly,
BRODERICK & PARTNERS LLP
Per:
(JOHN B. HOPKINS)
e/~
. - ~-
(EDW ARD P. lUSTI~r
Ip
Encl.
c.c. Mr. Dean lorfida V
C.c. Ms. Margaret Battista
c.c. Mr. Brian Wilkie
--
BARRISTERS AND SOLICITORS
i I B~~~~I~~\~~~a~~s~!~kLP
4625 ONTARIO AVE. Ii?-~) rr~~ rf2) \f
May 28, 2007 ' ! > ( i \ .c_~,j I
P.O. BOX 897 \ ' / I r-'--~/ !
, ,
NIAGARA FALLS. ON
CANADA L2E 6V6 HAND DELIVERED
TEL (905) 356.2621 City of Niagara Falls,
FAX (905) 356.6904 4310 Queen Street,
Niagara Falls, Ontario.
broderlckpartners.com L2E 6X5
Attention: Mr. Ken Beaman
J.J. BRODERICK
Il.C.,L.S,M. Dear Sir:
Law Society CorUfled
Civil LltlgatiDD Specialist
W.A. AMADIO RE: NIAGARA FALLS HYDRO MERGER
J.B. HOPKINS As per your request, we have reviewed a set of documents and
G.A. KIRKHAM agreements that collectively pertain to the statutory amalgamation of NFHI
I.M. GILBERTI and PWUL as well as the guidelines set forth in the Term Sheet approved
by Council on May 29th, 2006.
FlueD! In Italian & Freneb
R.B.BURNS 1. We outline the followinq with respect to the Merqer Aqreement:
E.P. LUSTIG
The amalgamation of respective Local Distribution Companies
M. DlGffiOLAMO (LDC's) of Niagara Falls Hydro Holding Corporation and Peninsula West
Power Inc. is documented in principle in the Merger Agreement. The
D. F. MARINELLI Merger Agreement between the parties provides a comprehensive
(1945. 1997) manifestation of the "Amalgamation Terms" provisions of the approved
Term Sheet. We specifically note the level of detail contained in the
Merger Agreement. For example, the transition arrangements in the Merger
Agreement are in depth and thorough, conforming to the merger principles
and the "Ownership and Shares of Merge Co." provision of the Term
Sheet.
Article 4 of the Merger Agreement satisfies the relevant
"Conditions" outlined in the Term Sheet. The satisfactory Article 4
provisions deal with various compliances of conditions in favour of each
,
-2-
party. Such conditions include the guarantee that each party made true and correct
representations and warranties on closing; that each party performed all the obligations
under the agreement and that each party shall have approved the Amalgamation. In
addition, the Mutual Conditions outlined in Article 4.3 of the Merger Agreement satisfy
the vital conditions outlined in the Term Sheet, mainly assuring that:
1) No Transfer Tax or special payment is payable by a party,
2) Niagara Peninsula Energy Inc. (immediately following Amalgamation) will be
exempt from the payment of tax under Section 149( 1) of the IT A and
Section 57(1) of the CTA,
3) The OEB shall have approved the Amalgamation provided that none of their
conditions have a material adverse effect on either party,
4) No applicable law will be enacted, introduced or announced prohibiting the
amalgamation or having an adverse material effect on either party.
We now turn our attention to Article 5 of the Merger Agreement. Article 5
contains four (4) sections regarding Representations and Warranties. Specifically, it
includes the representations and warranties relating to NF Holdco together with NF
Holdco relating to NFHI and representations and warranties relating to PW Holdco
together with PW Holdco relating to PWUL. As far as the content of representations
and warranties is concerned, we note that it is very detailed and comprehensive.
Article 5 of the Merger Agreement thus contains an extensive list of representations
and warranties which reflects the significance of the commercial transaction at hand.
Furthermore, we note that Article 5 of the Merger Agreement fully complies with each
of the representations and warranties suggested for consideration by the Term Sheet.
As well, we note the compliance of Articles 6 and 7 of the Merger Agreement with the
principles stipulated in the Term Sheet. Article 6 of the Merger Agreement outlines
detailed mutual covenants dealing with "Co-operation and Compliance" and
"Confidentiality" among others. Article 7 of the Merger Agreement contains meticulous
indemnification provisions. In short, the indemnification provisions ensure that each
party indemnifies the other for claims dealing with any breach of any representation
and warranty and secondly, any breach of any covenant or agreement contained in the
Merger Agreement. We also note that Article 8.2 of the Merger Agreement contains
an Arbitration Clause that comes into effect in the event that internal resolution fails.
We also note that any party can initiate binding arbitration and that it shall be
conducted in accordance with the Arbitration Act (Ontario).
2. We outline the followinq with respect to the Shareholders Aqreement:
The rights and obligations of shareholders and the guidelines and principles for
.
-3-
the management of the business of Niagara Peninsula Energy Inc. are included in the
Shareholders Agreement. The Shareholders Agreement between the parties reflects
the "Shareholder Terms" stipulations of the approved Term Sheet. Article 2.1 of the
Shareholders Agreement is practically a verbatim copy of the Guiding principles and
Objectives set in the Term Sheet while Article 2.2 contains a strategic plan, financial
policies and risk management provisions that satisfy the Term Sheet in its entirety.
The governance of Niagara Peninsula Energy Inc. is outlined by the provisions
set forth in Article 4 of the Shareholders Agreement. We note that provisions dealing
with number of directors, nomination and election of directors, the qualification of
directors, voting procedures and quorum are all in accordance with the principles of
the Term Sheet.
Article 5 of the Shareholders Agreement deals with "Approvals of Certain
Corporate Actions." Percentage ownership in Niagara Peninsula Energy Inc. is based
on the value of assets of each of Niagara Falls Hydro Inc. and Peninsula West Power
Inc. as determined by Henley International Inc., the Valuator who reported the asset
value of Niagara Falls Hydro Inc. and the asset value of Peninsula West Power Inc.
The result is that the shares of Niagara Peninsula Energy Inc. are owned 74.5 percent
by Niagara Falls Hydro Holding Corporation and 25.5 percent by Peninsula West
Utilities Inc. Although the ownership ratio is approximately three to one, it was a
negotiated term of the Merger that each of Niagara Falls Hydro Holding Corporation
and Peninsula West Utilities Inc. would have equal representation on the Board of
Directors of Niagara Peninsula Energy Inc.. Article 5.1 provides that certain corporate
actions require unanimous approval. To acknowledge the greater ownership interest
of Niagara Falls Hydro Holding Corporation, Article 5.2 provides that certain decisions
can be made by a Special Resolution which permits Niagara Falls Hydro Holding
Corporation through its greater shareholdings to control those decisions.
Article 6 of the Shareholders Agreement meets the requirement of the Term
Sheet, with sufficient detail, for standard representations and warranties of
shareholders. We also note that restrictions on share transfers in the Shareholders
Agreement, although considerably more detailed, are consistent with the "Hold Period"
and the "Pre-emptive right" as per the Term Sheet.
Article 8 to Article 12 of the Shareholders Agreement deals comprehensively
with liquidity issues. We note that the Shareholders Agreement contains the following
provisions and that they are all in accordance with the liquidity requirements of the
Term Sheet: right of first refusal (Article 8), tag-along/drag-along rights (Article 9),
buy-sell rights (Article 10), put option (Article 11) and purchase of shares on deemed
withdrawal.
.
-4-
3. We outline the followinq with respect to the Municipal Co-operation Aqreement:
The Municipal Co-operation Agreement is contemplated by the Term Sheet in
section 32. This agreement serves to ensure the continuity in ownership of the new
distribution company. The crux of the Municipal Co-operation Agreement deals with
holding company shares and the right of first refusal. Article 5 of the Municipal Co-
operation Agreement defines the Municipal Hold Period in accordance with Section 32
of the Term Sheet. In addition, Article 5 of the Municipal Co-operation Agreement
stipulates the right of first refusal after the Municipal Hold Period for sales initiated by
either party in separate provisions. In essence, the right of first refusal provisions in
the Municipal Co-operation Agreement are in accordance with Section 32 of the Term
Sheet. The Municipal Co-operation Agreement also contains confidentiality and
arbitration clauses satisfactory to the stipulations of the Term Sheet.
Taken in their entirety, the above-mentioned three Agreements take into careful
consideration the principles stipulated by the Term Sheet approved by Council on May
29th, 2006. We conclude that the three Agreements are in accordance with the
provisions set forth in the Term Sheet.
Yours truly,
BRODERICK & PARTNERS LLP
Per: . HOPKI~SI ~
"\
(J
(EDWARD P. LUSTIG)
JBH/EPL:lp
c.c. Mr. Dean lorfida /
C.c. Ms. Margaret Battista
c.c. Mr. Brian Wilkie
I-'~-' ~\
,-<"\' 17
SHAREHOLDER'S RESOLUTION i i \"1 \\. ;
Ib/j \ V(
i :'-~ I
U L
OF
NIAGARA FALLS HYDRO HOLDING CORPORATION
WHEREAS it is in the best interest of the Shareholder that the subsidiary Corporation
Niagara Falls Hydro Holding Inc. merge with Peninsula West Power Inc. on the terms
and conditions set out in the documents hereafter referred to.
RESOLVED THAT:
1 . The President and Secretary of the Corporation acting together are authorized
to execute the following documents together with any related or ancillary
documents necessary to carry out the merger of Niagara Falls Hydro Inc. with
Peninsula West Power Inc. to form a Corporation to be called Niagara Peninsula
Energy Inc.:
a. Merger Agreement
b. SharehQlder's Agreement
THE FOREGOING RESOLUTION is hereby consented to by the Shareholder of the
Corporation, as evidenced by its respective signature hereto in accordance with the
provisions of Section 1 04( 1) of the Business Corporations Act (Ontario) this 28th day
of May, 2007.
CORPORATION OF THE CITY OF
NIAGARA FALLS
Per:
The City of Niagara Falls, Ontario
Resolution
No.
Moved by Councillor
Seconded by Councillor
WHEREAS it is in the best interest of the Shareholder that the subsidiary Corporation, Niagara Falls
Hydro Holding Inc., merge with Peninsula West Power Inc, on the terms and conditions set out in
the docwnents hereafter referred to.
THEREFORE BE IT RESOLVED THAT The President and Secretary of the subsidiary
Corporation acting together are authorized to execute the following docwnents together with any
related or ancillary docmnents necessary to carry out the merger of Niagara Falls Hydro Inc. with
Peninsula West Power Inc. to form a Corporation to be called Niagara Peninsula Energy Inc.:
a. Merger Agreement
b. Shareholder's Agreement
AND THEREFORE BE IT RESOLVED THAT the foregoing resolution is hereby consented to
by the Shareholder of the Corporation, as evidenced by its respective signatures hereto in accordance
with the provisions of Section 104(1) of the Business Corporations Act (Ontario) this 28th day of
May, 2007.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA R. T. (TED) SALCI
CITY CLERK MAYOR
CITY OF NIAGARA FALLS
By-law No. 2007 -
A by-law to dissolve the Greater Niagara Transit Commission and to continue the operations
of that Commission as a Division of The Corporation of the City of Niagara Falls.
WHEREAS in the period from 1961 to present, the Greater Niagara Transit Commission has
operated a passenger transportation service by means of buses within the geographic area of what
is now the City of Niagara Falls;
AND WHEREAS the Greater Niagara Transit Commission was originally created by by-laws
enacted by the Councils of The Corporation of the City of Niagara Falls and The Corporation of the
Township of Stamford;
AND WHEREAS The Corporation of the City of Niagara Falls and The Corporation of the
Township of Stamford were amalgamated in 1963;
AND WHEREAS the legislative authority for the creation of the Greater Niagara Transit
Commission is set out in the Greater Niagara Transit Commission Act 1960-61 (the "Act") as
amended;
AND WHEREAS the Greater Niagara Transit Authority is authorized to and does operate a
passenger transportation service by means of buses within the City of Niagara Falls pursuant to the
Act;
AND WHEREAS The Corporation of the City of Niagara Falls, pursuant to the Municipal Act,
2001, has the legislative authority to create and operate a passenger transportation service by means
of buses by by-law;
AND WHEREAS the Act is a Special Act of the Ontario Legislature;
AND WHEREAS section 7 of the Municipal Act, 2001 provides that a special act does not limit the
powers of a municipality under the Municipal Act, 2001;
AND WHEREAS section 7 of the Greater Niagara Transit Commission Act as amended provides
that the Commission has the exclusive legislative authority to own and operate a local passenger
transportation service on the highways within the limits of the City of Niagara Falls;
AND WHEREAS section 69(2)(a) ofthe Municipal Act, 2001 provides that a municipality may by
by-law provide that no person except the municipality shall establish, operate and maintain all or any
or part of a passenger transportation system of the type established and operated by the municipality
within all of the municipality;
AND WHEREAS The Corporation of the City of Niagara Falls may own and operate a passenger
transportation system pursuant to section 69 of the Municipal Act, 2001;
AND WHEREAS The Corporation of the City of Niagara Falls desires to use all the powers
-2-
available to it to establish, continue, own and operate that passenger transportation system;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls commissioned the
Mercer Delta Consulting Study to obtain advice as to the most efficient way to structure the
operations of the City;
AND WHEREAS the Board of the Greater Niagara Transportation Commission has on the 15th day
of January, 2007 resolved to dissolve the Commission;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls has determined that
it is in the public interest to: dissolve the Greater Niagara Transit Commission; transfer the assets
and contractual liabilities of the Greater Niagara Transit Commission to The Corporation of the City
of Niagara Falls; and continue the passenger transportation system established by the Greater Niagara
Transit Commission as a division of the City of Niagara Falls in as seamless, transparent and
efficient manner as is possible;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
Definitions
I. In this By-law,
"Chief Administrative Officer" means the Chief Administrative Officer of the City;
"City" means The Corporation of the City of Niagara Falls;
"Council" means the Council of The Corporation of the City of Niagara Falls;
"Commission" means the Greater Niagara Transit Commission;
"Effective Date" means the date that the assets and Liabilities of the Commission are
transferred to the City by this by-law which date shall be the 3 1st day of May, 2007;
"Executive Director" means the Executive Director of Community Services of the City;
"Liabilities of the Commission" means all of the Liabilities of the Commission as of the
Effective Date including, without limiting the generality of the foregoing, contractual and
trade debts, licensing obligations, collective agreements and statutory liability such as
deductions for income tax and employment insurance with the exception of those liabilities
for which the Commission is insured including, without limiting the generality of the
foregoing, claims alleging negligence on the part of the Commission arising out of acts,
omission, circumstances or incidents that occurred or should have been known to have
occurred prior to or upon the Effective Date.
-3-
Purposes
2. The purposes of this by-law are to:
(a) Dissolve the Commission;
(b) Transfer the assets of the Commission from the Commission to the City in a
seamless, transparent and efficient manner on the Effective Date;
(c) Transfer all of the Liabilities of the Commission to the City as of the Effective
Date with the exception of those liabilities for which the Commission is insured
including, without limiting the generality of the foregoing, claims alleging negligence
on the part of the Commission arising out of acts, circumstances or incidents that
occurred or should have been known to have occurred prior to the Effective Date;
(d) Invoke the legislative authority of the City as set out in section 69 of the Municipal
Act, 2001 and, in particular, without limiting the generality of the foregoing, the
authority set out in section 69(2)(a) ofthat Act together with any and all legislative
authority available to the City to implement the purposes of this by-law;
(e) Grant administrative authority to the Executive Director of Community Services to
establish, administer and operate a division of the City to continue and operate the
passenger system transportation system established and operated by the Commission
subject to the direction of Council and the Chief Administrative Officer of the
City.
Dissolution of Commission
3. The Commission is hereby dissolved on the Effective Date.
Assumption of Assets and Defined Liabilities by City
4. (I) The Corporation ofthe City of Niagara Falls hereby takes title to any and all manner
of property that is held in any manner by the Commission including, without in any
way limiting the foregoing, all real and personal property, all contractual rights of any
description, all intellectual property including trademarks, know how and trade
secrets, all receivables, goodwill and other intangibles of any description on the
Effective Date.
(2) The City hereby assumes the Liabilities of the Commission on the Effective Date.
Operation of Passenger Transportation System
5. (I) The Executive Director is hereby granted authority, as of the Effective Date,
subject to the direction and authority of the Council and the Chief Administrative
Officer, to continue the operations of the passenger transportation system
-4-
established, maintained and operated by the Commission in such manner and by
such means as the Executive Director deems appropriate as a division ofthe City,
(2) No person other than the City shall establish operate or maintain all or any part of a
passenger transportation system of the type to be continued, operated and maintained
as a result of this by-law, that type being a bus line as established, maintained and
operated by the Commission, within the City or any part of the City.
(3) Subsection 4(2) does not apply to the types of transportation systems described in
subsection 69(1) of the Municipal Act, 2001 and any type of transportation systems
identified in any amendments to that Act as transportation systems to which the
City's by-laws cannot apply.
(4) Any person who establishes, operates or maintains a transportation system within the
City or any part of the City contrary to subsection 4(2) is guilty of an offence and
upon conviction, is subject to a fine of up to $10,000.00.
Transition
6. (1) The City shall, through the Executive Director, subj ect to the direction of Council
and the Chief Administrative Officer, act as the Attorney of the Commission for
the purpose of resolving any Liabilities of the Commission that remain outstanding
on the Effective Date.
(2) By-law No. 6004-1961 of the City and By-law No, 2616-1961 of the Corporation of
the Township of Stamford together with any amendments thereto are hereby repealed
as of the Effective Date.
Short title
7. The short title of this by-law is the Transit Division By-law.
Passed this twenty-eighth day of May, 2007.
........................................................ ..............................................................
DEAN lORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR
First Reading: May 28, 2007.
Second Reading: May 28, 2007.
Third Reading: May 28,2007.