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2008/05/26
. „ . - _ , . 1 . r3 ~ TEf~TH MEETlN~ IUlonday, May 26, 2U~8~ 5.40 p.m. City Hall, Committee Room #~A? & B . ~ } Approval of the April.28, 2008 and May 12, 2008 Community Services Minutes. REPOf~TS: STAFF C~~VTACT: a:) PD-2008-4$ Presenta#ion of the Sylvia Place Market Feasibility Study Urban Marketing Collaborative ' IBl Group .and Bob U her - Al~:x Herlavitch b) R-2008,19 ~ Revisions to the Public Art Pol-icy ~ Denyse Morrissey c) . R-2008-21 Niagara Falls Zero Tolerance Policy -The R-Zone Denyse Morrisey - d) TS-2008-32 Dock Street Parking Control Review Karl Dren '~VEw BUSINESS: 4} ADJOURNMENT: ~ 5 } ~ S* 3a app. ~ a) Resolution to ga into. Closed Meeting. . ~ V MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING MONDAY, Apra! 28, 2008, CITY HALL, ROOM 2 AT 4;00 P.M. PRESENT: Chair Councillor Carolynn loannoni Mayor Ted Salci, Councillors: Jim Diodati, Vince Kerrio, Victor Pietrangelo (4:36 p.m.), Bart Maves, Wayne Thomson, Janice Wing and Shirley Fisher. ABSENT: STAFF: John MacDonald, Ed Dujlovic, Ken Burden, Ken Beaman, Lee Smith, Karl Dren, Geoff Holman, Dave Stuart, Dean lorfida, Alex Herlovitch, Todd Harrison, Marianne Tikky- Steno. GUEST: Christopher Prentice -IBI Group Consultant. PRESS: Corey Larocque, Niagara Falls Review, Rob Lapensee, Niagara This Week MINUTES It was ORDERED on the motion of Councillor Fisher and seconded by Councillor Maves, that the April 14, 2008 minutes be approved. Motion: Carried. Action: Recommendation submitted to Council 2008/04/28. REPORTS a) Presentation: Transit Business Plan Update IBI Group - Mr. Chris Prentice The IBI Group's presentation was well received by Committee and considered timely with the current gas price increase. Committee ask several questions and gave suggestions but as this was an update presentation and not the final results the consultant, Mr. Prentice advised a followup report seeking Committee's direction would be presented in June with a final report presented in September 2008. b) TS-2008-31 Niagara Falls -Fort Erie Inter-Municipal Transit Service Itwas ORDERED on the motion of CouncillorThomsoncnd seconded by Councillor Maves that the report be received and filed. Motion: Carried Action: Recommendation submitted to Council 2008/04/28. M Community Services Committee _2_ Minutes April 28, 2D08 c) PD-2008-32 Site Plan Approval Process It was ORDERED on the motion of Councillor Wing and seconded by Councillor Pietrangelo that staff be directed to prepare a report that would allow the return of the delegation of power for site plans back to Council, under certain conditions. Motion: Carried Action: Recommendation submitted to Council 2008/04/28. ADJQURNMENT It was ORDERED on the motion of Councillor Kerrio and seconded by Councillor Thomson that the regular meeting of the Community Services Committee be adjourned at 5:15 p. m. II Motion: Carried MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING MONDAY, May 12, 2008, CITY HALL, ROOM 2 AT 5:00 P.M. PRESENT: Chair Councillor Carolynn loannoni Mayor Ted Salci, Councillors: Jim Diodati, Vince Kerrio, Victor Pietrangelo, Bart Maves, Wayne Thomson, Janice Wing and Shirley Fisher. STAFF: John MacDonald, Ed Dujlovic, Ken Burden, Ken Beaman, Lee Smith, Karl Dren, Geoff Holman, Denyse Morrissey, Dean lorfida, Alen Herlovitch, Teresa Fabbro- Steno. GUEST: Dave Schram, Urban & Environmental Management Inc. Dave Allingham, Totten Sirns Hubicki Tony Zappitelli PRESS: Corey Larocque, Niagara Falls Review, Rob Lapensee, Niagara This Week MINUTES It was ORDERED on the motion of Councillor Wing seconded by Councillor Fisher, that the April 28, 2008 minutes be deferred. Motion: Carried. Action: Recommendation submitted to Council 2008/05/12. REPORTS a) CAO-2008-02 People Moiler Project Update It was ORDERED on the motion of Councillor Thomson, seconded by Mayor Salci, that Council authorizes staff to continue working with the People Mover Project to investigate the feasibility of a phased approach to providing RFP2; and that staff investigate the legal implications to other potential suppliers. Motion: Carried Opposed: Councillor loannoni Action: R ecommendation submitted to Council 2008/ 5 0 /12. NEW BUSINESS a) It was ORDERED on the motion of Councillor Thomson, seconded by Councillor Fisher staff meet with Mr. Red lseppon regarding rerouting of trains. -2- " Motion: Carried. Action: Recommendation submitted to Council 2008/05/12. ADJOURNMENT It was ORDERED on the motion of Councillor Wing and seconded by Councillor Fisherthat the regular meeting of the Community Services Committee be adjourned at 6:20 p.m. and Committee enter into an In-Camera Session. Motion: Carried i May 26, 2008 PD-2008-48 Councillor Carolyn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: PD-2008-48 Presentation of the Sylvia Place Market Feasibility Study by Consultants Urban Marketing Collaborative, IBI Group and Bob Usher RECOMMENDATION: 1. That Committee accept, in principle, the recommendations of the Sylvia Place Marketing Feasibility Study prepared by Urban Marketing Collaborative, IBI Group and Bob Usher. 2. That staff be directed to develop an implementation plan which will include a development phasing program. 3. That the Transit Study Consultants confer with the Urban Marketing Collaborative Team to consider the possibility of a transit transfer station. BACKGROUND: Urban Marketing Collaborative, IBI Group and Bob Usher were hired in the fall of 2007 to prepare a Market Feasibility Study for the Sylvia Place Market located along Sylvia Place in the Historic Drummondville area. The Study was one of the recommendations from the Historic Drummondville CIP which was approved by Council in December, 2006. There are significant recommendations contained in the CIP and they include the development of Lundy's Lane Battlefield as a true tourist destination, new streetscaping along Main and Ferry and the rejuvenation of the Sylvia Place Market. It is believed that through implementation of these recommendations, there will be a positive transformation of the Historic Drummondville area into a vibrant, attractive place to live, work and visit. In order to investigate the development potential of the Sylvia Place Market, the CIP recommended the preparation of a Market Feasibility Study. The consultants have completed the Study and will present their findings and recommendations to Community Services Committee. The consultants are proposing changes that will breath new life and vitality into the market. The steps necessary for this to occur are highlighted in the attached Market Feasibility Study which includes: • expansion of the Sylvia Place Market; • development of a two-step phased approach for expansion; • hiring a market manager on a part time basis; Community Services Department Planning & Development Working Together to Serve Our Community r establishing a 1Market Advisory Comt~ittee; • repaving the parkir~~g lot; ® investigat~r9g the acquisition of land that will enable the !Market to develop a presence along 1Main Street; • developing comprehensive lease regulations; and • developing a professional inforra~ation package to promote the !Market. !f the Com~aittee supports the recon^sr~endations of the Feasibility Study, it is proposed that staff be darected to prepare an implementation plan for Committee's consideration rn~hich v~ill include a development phasing program. C~iVCLl~SI~~: the 1Market Feasibility Study provides a series of recommendations that could see a positive transformation and rejuvenation of the Sylvia Place 1Market. !t is hoped that Con7;~ittee ~rvill support, in principle, the recommendations of the Study. recommended by: Alex i-ierlovitch, ®irector of planning ~ ®evelopment Approved by: _ s . Ed Dujlovic, `Executive Director of Cor~arr~unity Services respectfully submitted: ~ j` ° ~ Sohn 1M°a~®onald, Chief Administrative officer i3.Bcalibruck Attach. S:\P®R120081PD-2008-~~, Svl~ia Place Market ~sasibifit;~ Studv.v~pd May 26, 2008 R-2007-19 Nia ara ails CANADA Councillor Carolynn loannoni, Chair and Members of Community Services Committee City of Niagara Falls, Ontario Members: Re: R-2008-19 Revisions to the Public Art Policy RECOMMENDATION: That Council approve the replacement of the current Public Art Policy with the new Public Art Policy. That the Public Art Advisory Task Force additionally include represenation from the Niagara Falls Library, Municipal Heritage Committee and the City Historian. That the proposed Public Art Policy additionally include a goal to encourage donations of local art or art collections so that the pieces can be kept withing the community BACKGROUND: The Public Art Policy was developed and approved on November 4, 2002. The updated policy defines the process on receiving donations and what happens to the donated piece of art after it is included in the City owned art collection. The Public Art Policy does not include the collections of the City of Niagara Falls Museums. The mandate of the City of Niagara Falls Public Art Policy is as follows: • Create a clear sense of community pride and identity; • Serve as a catalyst to economic development and tourism; • Demonstrate the City's responsibility to provide cultural opportunities for its citizens and present a positive image to visitors through artistic interpretation; • Take into consideration the physical appearances of a public location, its history and the nature of the community. Staff has reviewed the policy and recommends revisions to the existing policy. The following general updates and revisions have been made to the Policy: • Guidelines for the Acquisition of Public Art section has been expanded to outline specific procedures to follow when considering a public art donation. The procedures include developing a formal agreement outlining the responsibilities ofeach party. The agreement will address all relevant issues such as project funding, fabrication, siting, installation, maintenance, transfer to title, identification labels, deaccessioning. In all cases, only unrestricted donations will be considered. If the donation is acce ted the donor must submit a legal instrument of conveyance of title and pro ide an appraisal at the ti :tie donation. If the City receives a request to donate a ion of art items such as the cost to dis la Store andCommunity Services Department p y~ Parks, Recreation & Culture art must also be considered. z « r { s. .i.i. ~..ys ~ ~ I. lVfa~ 26, 2008 - 2 - R-2008-'~ 9 • To develop a Public Art Advisory Task Force appointed by City Council. The role ®f #hc Task Force is to consult with staff regarding potential acquisitions and disposal of works from the collection. To advise in the development of public art projects and ar~y matters related to the development, promotion and use of the art collection. Composition of the Public Art Advisory Task Force to include the following: a member of the Arts & Culture Committee, staff from PRC and Municipal V1~orks, working visual artist or craftsperson., who is a resident in Niagara Fa11s, visual arts community i.e. curator, arts education person, arts administrator, representative from Niagara Falls Museums, representative from Niagara Falls Art gallery, staff person from an education 1r~stitution - Fine Arts (high school, frock University or Niagara Coliege~, 1 local architect working in 1Viagara Fa11s. ® Public Art Management guidelines section has been added to the polio°. This section outlines the process the City will follow to address requests to loan a piece of public art, disposition of art, inventory of art, documentation of the collection, research and care/conservation of the public art collection. The recor~r~ner~ded Public Art Policy is attached. recommended by: a ®eny~e Morrissey, direct r of Parks, 1~ecreation & Culture Approved by: _ _ p~._~.__._. Ed ®ujlovic, Executive ®irector of Community services i ~ I.~.~ ~ respectfully submitted; ~,,~,.,.,~~.r-~...... L Johr~ac~onald, Chief Administrate ®fficer Jam,, Att~chrnent S:1Ce~nciE\C©~a~cii 20~~81~-2UOt3-1 ~ - ~evisier~s to tae ~abiic Art ~olicy.4~ip~9 ~Vorkid~g ~'ogether to Serve Our C'®mm~c~~it~ DEPARTMENT: DATE EFFECTED: POLICY: Community Services November 4, 2002 Public Art Policy PARKS, RECREATION DATE REVISED: Report: R-2002-65 & CULTURE May 26, 2008 SECTION: 1000.46 Page 1 of 10 Part A - City of Niagara Falls Public Art 1.0 Introduction Public Art is defined as physical works of art and cultural property installed in the public realm. These works of art can be temporary or permanent, and may be installed within buildings, or outdoors on public lands. This document provides a vision, purpose. and goals for the City's relationship with all public art, while specifically addressing management guidelines and policy for the public art that currently exists. 1.1 Vision Visually beautiful cities stimulate a sense of pride and commitment. Through its Public Art Policy the City of Niagara Falls strives to create vibrant public spaces that reflect the diversity of our community, and engage its residents and visitors with quality works of public art. The City of Niagara Falls seeks to encourage all those who care about the community to participate in making art, collecting it and commissioning it. 1.2 Goals 1. Provide access to art in public places for all of Niagara Fa11s' citizens. 2. Enhance Niagara Falls' desirability as a community by creating appealing environments in which to live, work and play. 3. Honour, preserve and encourage our cultural heritage and artistic diversity. 4. Promote civic identity through awareness and preservation of the community's history, cultures and living arts. 5. Support effective urban planning, economic development and cultural tourism opportunities. All public art prof ects and acquisitions will be assessed and developed according to the above goals. 1.3 Purpose The purpose of this policy is to provide: • an effective mechanism for determining appropriateness and method of placement of public art, be it temporary or permanent, within buildings, or outdoors on public lands belonging to the City of Niagara Fa11s; • the criteria for the review and selection of public art to be displayed within buildings, or outdoors on public lands; • criteria for the acquisition of public art; • guidelines for the management, preservation, interpretation, development and promotion of the City's public art collection; • a foundation on which to develop programs that allow Niagara Falls' residents and visitors to Page 2 of 10 experience art in public places. l.4 Community Context I' This policy has been developed with consideration for. other public institutions in the Cit with Y mandates pertaining to public art. It is the intent of the City to operate in partnership and cooperation with, and mindful of, these institutions. For the residents and workers of Niagara Falls to be best served, the management of the City's art collection. shall be responsive to each of these institutions and, where reasonable, neither repetitive nor competitive. 1.5 Ownership The City of Niagara FaI1s owns a collection of art work and items of moveable and f xed cultural property. It is an accumulation of material from varying sources and provenance brought together through various means, legally owned by the Corporation and retained on a permanent basis. It is understood that the ownership of the collection by the City is free and clear, without any limitations placed upon its use. 1.6 Definitions For the purpose of this policy the following definitions apply, the term "art collection" refers to the works of art and cultural property owned by the City of Niagara Falls. Public Art refers to visual works of decorative or functional purpose owned or managed by the Corporation of the City of Niagara Falls. The Public Art policy does not include the collections of the City of Niagara Falls Museums. Public Art may include but is not limited to: a) sculpture, in any material or combination of materials, whether in the round, bas relief, mobile, fountain, kinetic, or electronic; b) murals, mosaics, fibre works, glass works, photography, paintings, graphic arts and prints that are hand pulled or machine made that are limited in their edition, or other art forms in any material or combination of materials; c) tableaux, vignettes or creative displays of an artistic/informational nature which interpret the heritage significance of a building or site; d) memorials, plaques, and commemorative tablets; e) architectural embellishments such as arches, ornamental gateways, ornamental surface treatments, street inlays, foundation stones and other structures of a permanent or fixed character intended for ornament or commemoration, both interior and exterior; f) a combination of landscaping and landscape design with artistic intent such as rocks, fountains reflectin ools benches and other t es f g p o street furniture Yp , g) decorative arts (limited to furniture and furnishings of the public rooms of City owned buildings). Page 3 of 10 Public art is located in: Publicly Accessed Areas are spaces frequented by the public, accessible to or visible by the public. Examples include but are not limited to: a) parks, boulevards, sidewalks, tunnels or bridges; b) foyers, conference rooms, auditoria, courtyards and concourses; c) the interiors and exteriors of buildings including arenas, community centres, theatres, museums, galleries, parking arcades. Public Buildings are any buildings that are available for the unrestricted access of the general public during normal business hours or longer. Examples include City Hall, libraries and administration buildings, sporting facilities and transit customer facilities. 1.7 Scope of the Collection In keeping with the stated purpose and goals, the scope of the collection will include: • works by artists who were born, live or laved in Niagara Falls; • views of the City; • representation of the community's civic history; • representation of the community's cultural and artistic heritage; • Niagara Fa11s' specific content; • items from community organizations, and other municipalities and countries that are presented as official gifts. 1.8 Private Sector Public Art Though not specifically addressed in the City of Niagara Falls Public Art Policy, the City recognizes that there are examples ofnon-municipal outdoor artworks located inprivately-owned space across Niagara Falls that contribute to the identity and character of our community. Page 4 of 10 Part B - MANAGEMENT GUIDELINES FOR PUBLIC ART Role of Municipality 2.0.1 Governance City Council is the steward of the City's public art and as such holds it in trust for the citizens of the City of Niagara Falls. Council will maintain and develop the art collection in keeping wi-th the vision statement and goals of the Public Art Policy. 2.0.2 Management Council designates the custody of public art to the Parks, Recreation and Culture, Community Services Department and other public institutions .The management of public art will be the responsibility of the Parks, Recreation & Culture staff and other public institutions who will: • ensure the development of a collection management system, with documentation standards and procedures modeled on museum practices and with an ongoing system ofmaintenance and inspection; • develop, maintain and promote the art collection and oversee the provision of fiscal resources for this purpose; • preserve the physical integrity and security of the art collection and the provision of adequate facilities and resources for its long term care; • arrange for the installation and placement of public art in public spaces; • facilitate programming and public education opportunities related to the art collection's use and promotion. 2.0.3 Staff Parks, Recreation and Culture staff will manage the City's art collection. Additional professional services will be provided by contract as required. 2.0.4 Public Art Task Force A Task Force will be appointed by Council to serve in an advisory capacity to staff. The composition of the committee will aim to reflect the diversity of the community. 2.1 Public Art Advisory Task Force 2.1.1. Composition The Public Art Advisory Task Force will be selected from the following: • 1 member of the Arts & Culture Committee • 1- 2 staff person -Community Development Co-ordinator and Municipal Works staff • 1 working visual artist or craftsperson, resident in Niagara Falls • 1 person from the visual arts community i.e. curator, arts education person, arts administrator • 1 representative from Niagara Falls Art Gallery • 1 representative from Niagara Falls Museums • 1 staffperson from an Education Institution - Fine Arts (high school, Brock University or Niagara College) • 1 local architect working in Niagara Falls Depending upon the piece of art to be discussed the committee may call upon specialists in the i I~ ~I I Page 5 of 10 appropriate field to assist as required. III 2.1.2. Role , The role of the Public Art Advisory Task Force will be to consult with staff, review materials and make recommendations, regarding potential acquisitions and the disposition of works from the collection. They will also advise in the development of public art projects and any matters related to the development, promotion and use of the art collection. 2.1.3. Terms of Reference Will be developed for the Public Art Advisory Task Force which. will detail process and reporting structure as per standard City procedure. • The Public Art Advisory Task Force will advise on the implementation of the Public Art policy. • The Public Art Advisory Task Force will be facilitated by City staff through Parks, Recreation and Culture. • The Public Art Advisory Task Force will provide recommendations to City Council through Parks, Recreation and Culture staff. 2.1.4. Responsibilities of the Public Art Advisory Task Force • As directed review all proposed public art projects and ensure the application of established procedures and guidelines on a prof ect-by-prof ect basis. • Advise staff on the implementation and maintenance of a civic public art inventory and the implementation of the accessioning and de-accessioning components of the Public Art Policy. • Advise staff on proposed artwork gifts, bequests, and donations to the City of Niagara Falls according to the established guidelines. • As directed review the maintenance program of public artworks ensure it is in place and practiced, in collaboration with municipal staff or their professional designates. 2.1.5. Conduct of Meetings • Regular quarterly meetings of the Committee shall be held, as necessary, to adequately deal with the business of the Committee and to hear public input respecting proposed public art installations. • While regular meetings shall be open to the public, the Committee shall consider and formulate its recommendations respecting the commissioning of public art works in camera. 2.1.6. Code of Conduct • Members of the Public Art Advisory Task Force and the Arts and Culture Committee are disqualified from directly or indirectly benefitting from their participation in the Public Art policy during their tenure. • Members of the Public Art Advisory Task Force and the Arts and Culture Committee are disqualified from submitting to public art projects for which the committee has approval authority of administrative responsibility during his/her tenure. Page 6 of 10 2.2 Budget a. A specific Parks, Recreation & Culture budget be developed and implemented for the maintenance of the public art collection upon approval by City Council. b. External sources of funds from the private sector will be explored as well as government grants and public funding programs. c. Special accounts such as Reserve Funds or Trust Funds will be investigated. 2.3 Facilities a. Appropriate facilities will be allocated for the administration, maintenance and storage of the City's Art Collection. b. The collection, when not on public display, must be stored in a secure area designated solely for this purpose. 2.4 Insurance a. Insurance coverage will be provided for the art collection as a distinct entity. The policy must protect the collection against all risks of direct physical loss or damage, while in transit and at all City owned/leased locations, and while in storage or on display. b. The Committee members will be covered by the municipal insurance policy which indemnifies them against legal responsibilities for their actions, providing that they are not guilty of wrongful acts or gross negligence. 2.5 Policy Review Cycle This policy will be subject to review by the Public Art Advisory Task Force from time to time in a manner consistent with the City's policy review procedures. Page 7 of 10 Part C- GUIDELINES FOR THE ACQUISITION OF PUBLIC ART 3.1 Integrity To ensure the integrity of the process of acquiring public art, the following criteria have been developed for reviewing proposed proj ects, offers of sale and offers to donate to the City's collection. In addition, it is the aim of this policy to ensure assistance is provided to all community members who seek to donate or sell works of art or cultural property to the City. 3.2 Acquisitions The Corporation may acquire material for the permanent collection through any of the following methods: • gifts/donations; • bequests; • purchases; • transfers; • Committees. 3.3 Donations A proposed gift, bequest, or donation is to be referred and reviewed by the Public Art Advisory Task Force. A report with the task force's recommendation to accept or decline the gift will be submitted to the Director of Parks, Recreation and Culture for referral to City Council. Council will then consider the recommendation. Criteria • The gift, bequest, or donation will provide reference to the City of Niagara Falls or to represent Canadian culture to visitors (refer to scope) • Giving particular but not exclusive preference to those artists living and working here, and who have lived and worked as artists in Niagara Falls • The works of art will foster civic and national identity and should be comprised of works in all media that are of interest and importance to the community • artistic merit • compatibility to the vision, scope and goals of the collection • authenticity and provenance • ethical and legal suitability • conservation implications including maintenance and storage In the case of gifts, additional criteria include: • nature and value of gift; • occasion at which gift is presented; • presenter and recipient of the gift; • opportunities for display. Page 8 of 10 3.4 Procedures For The Acceptance of A Gift: The proposed gift is reviewed by the Public Art Advisory Task Force. If a gift is acceptable under the acquisitions criteria the steps are taken as follows; a) All donated items for the art collection should be appraised at the time of donation to determine fair market value. Acceptable appraisals will be from certified members of either the Professional Association of Art Dealers in Canada or the Certified. Appraisers Guild of America. The donor is responsible for this cost. b) If the decision is favorable, a formal agreement will be drawn up outlining the responsibilities of each party. The agreement will address all relevant issues such as project funding, fabrication, siting, installation, maintenance, transfer to title, identification labels, deaccessioning. In all cases only unrestricted donations will be considered. If the donation is accepted, the donor must submit a legal instrument of conveyance of title. c) In accordance with the criteria established in the Income Tax Act (Canada), the City of Niagara Falls will issue a tax receipt to the donor based up an appraisal for fair market value. d) The donor will be recognized and acknowledged in a manner suitable to the object on display and in accordance with professional collections management procedures and standards. e) If a proposed gift is declined after review as described above, the prospective donor will be informed and the object will be returned if it is in the possession of the City. Page 9 of 10 Part D - PUBLIC ART MANAGEMENT GUIDELINES 4.1 Loans a. Requests for loans from the public art collection by a third party maybe considered provided that the borrower guarantees that appropriate standards and terms be met. b. At this time, no provision has been made in this policy for the borrowing of works by the City. Loan guidelines will be consistent with the City of Niagara Falls Board of Museum Loans procedures. 4.2 Disposition a. Disposition includes both the process of deaccessioning material from the collection and its subsequent disposal or physical removal. No art work will be deaccessioned and disposed of without consultation of the Public Art Advisory Task Force. Members of the Public Art Advisory Task Force and Arts & Culture committee may not purchase de-accessioned public art. b. Criteria for deaccessioning includes: • condition of art work and/or cost of maintenance/conservation; • current location of art work is no longer suitable or available; • nominated "life span" has expired; • art work does not meet the terms of the policy; • suitability to the collection; • loss of artistic integrity; • long term implications including legal ramifications. c. Disposal of art work can include any one of the following: • return to the donor or artist, or offered to the family if donor or artist is deceased at fair market value; • offer of gift or trade to another cultural institution; • sale with the proceeds used for maintenance or collection development; • destruction of the work with appropriate notif cation. 4.3 Inventory All art work is to be catalogued and included in the inventory along with all information on installation, maintenance schedule, correspondence, contractual agreements and research. 4.4 Documentation All works will be entered in a permanent computerized register which will comprise the art collection database. All documentation is a matter ofpublic record. Venues for public access to the database will be developed.: Page 10 of 10 4.5 Research Research provides a greater understanding and appreciation of the works in the collection and to the development of Canadian art. Research maybe conducted in the following areas: • history and provenance of the existing works of art in the collection; • history and provenance on potential. acquisitions; • biographical information on artists; • background information for program development. 4.b Care/Conservation a. The public art collection should be maintained in good condition and, where relevant, the surroundings related to the outdoor component of the collection in a manner which: - is consistent with the design intent of the work; • does not significantly alter the intended perception of the work by viewers; • is in accord with instructions from the artist where applicable. b. The physical management of the art collection comprise its care and handling, maintenance, monitoring its condition and the recognition for conservation treatment when required. Appropriate measures should be developed to achieve this including: • provisions for proper upkeep, maintenance and security including the requirement for cost planning and identification of needs; • preparation of Condition Reports for all new acquisitions, prior to installation or display, during regular inventories and when any damage occurs or is noticed; • establishing a regular maintenance schedule based on the nature and needs of the art work; - the handling of all art work in a manner conducive to ensuring its safety and recognized as proper handling techniques; • arranging for conservation and/or restoration treatment as required to be undertaken by a professional Conservator and when possible at a level of minimum intervention. 4.7 Promotion Strategies to promote public awareness and access to the art collection can include: • appropriate acknowledgment of the art work i.e, labels and signage; • programs, tours and other activities based on the collection; • a range of brochures and publications. ~I • I~ay 20Q~ ~-Z00~-2'~ ~ c.~nT~DA Counci!!or Carolynn loannoni, Chair and !Vlerr~bers of Cornrr~unity Services Cornn7ittee City of Niagara Falls, Ontario l°Jlernbers: l~ep l~®2~~~~~'I Niagara Falls ~er~ Tt~l~rar~ce 3~~li~y - ~'h~ ~~~~e R~~~M~EN®~TI~IV: That Council approve the City of Niagara Fa!!s !zone Policy. ~AC~GI~OI~N~: The purpose of the !zone Policy is to foster an environr~er~t where there is respect for others ar~d Responsibility for a!l actions, for all City facilities and properties to assist in providing safe, secure and respectful environr~aents for leisure opportunities. The irnplernentation of the policy wil! provide barks, recreation ~ Culture staff and users with a forma! policy instructing them on how to handle incidents. The !zone Policy is a zero tolerance policy developed by the Town of ~akviile. In are effort to standardize facility procedures across the province, the Town of Oakville is encouraging municipalities to adopt the Rzone policy for consistency for sport organizations when travelling across southern ®ntario. The importance of a hero Tolerance Policy was identified by staff in 2®®~. Staff has researched other n^iunicipalities to ensure the current Policy contains the reguired information to ensure City facilities are safe for all. The policy has been updated, shared and supported by the Recreation Committee and field sport organizations. upon approval of the Rzone Policy, signage will be posted at al! municipal facilities. ~lorkshops will also be planned to educate facility staff and user groups. The Rzone Policy will be reviewed with user groups annually at the Parks, Recreation & Culture allocation meetings. f=~ - Community Services ®epartment Parks, Recreation & Culture .T . , - r..,~..,..~,.,A., May 2S, 2008 - ~ - R-2008-2'~ ~~~~rr~rr~~nded by: '~n^;~ ~Ser~ys~ ®rri~s~y,,,; 3~ire~t~r ~ i'ark~, F~acr~atior~ ~ ~c~it~re . ~d ®~jfc~ui~, ~~a~~tiu~ ~ir~ct®r ®f C~r~r~~s~it~ Seruic~s - ~ ~ t des ect~uii s~brnitted: r' ~ ~ , ~ y ~ J®hr~;~~i`~c~~~ald, ~hi~fi ~dr~ir~istratiu~ ~i~ar r A~tachr~aenfi x~ I S:1Co~sncillCo:,~nci120 - _ C81 2©OS-21 ~4F Lero ~oierance Foltcy Tie R ~one.vv~d Page 1 of 6 DEPARTMENT: DATE EFFECTED: POLICY: COMMUNITY SERVICES May 26, 2008 Rzone PARKS, RECREATION & R-2008-21 CULTURE Pur ose Statement I' P 1. The City of Niagara Falls (hereinafter referred to as The City } is committed to ensuring the safety of service users and staff in its programs, facilities or properties, and fostering an environment where there is Respect for others, and Responsibility for all actions. The City will exercise no tolerance to any form of violence, vandalism. or inappropriate behaviour in its programs, facilities or properties. 2. The City's programs, facilities and properties are places that promote learning and leisure for residents. All users and staff have the right to be safe and to feel safe while attending a program, a be accountable for actions or facility or property. With this right comes the responsibility t behaviours that put at risk the safety of others. 3. This procedure outlines the measures and enforcement steps to be taken by staff, volunteers and users in order to address inappropriate behaviour or violence in Parks, Recreation, & Cultural programs, in City owned or leased facilities and properties. 4. The goal of this procedure is to promote a positive, safe, enjoyable and supportive environment for all users and staff in City recreational programs and facilities, and to increase the level of understanding and awareness of this policy. In addition, this procedure will establish closer and continued relationships between the City of Niagara Fa11s and organizations to support this policy. Scope 1. This procedure applies to all staff and users of Parks, Recreation & Culture programs, facilities and properties including but not limited to patrons, guests, spectators, fans, coaches, players, parents, volunteers and staff. It covers structured (i.e. permit issued} and unstructured (i.e. no permit issued) activities. 2. A licensee is an occupant of the hired facility for the purposes of the Trespass to Property Act R.S.O. 1991 c. T.21. Sports organizations that are Licensees of municipal facilities wi11 be required to adopt policies that ensure that the R-zone policies are followed by the members and guests of that organization while using ,entering and exiting the facility. The policies of the such organizations shall include sanctions for violation of the R-zone policies. ~II Page 2 of 6 When a sanction is imposed by a sports organization that involves restricting the access of a member or guest to city facilities during the time or during certain times that a City facility is in or under the control of a licensee, City staff will assist the sports organizations by upholding the sanction. 3. Inappropriate behaviour and violence for the purpose of this policy includes, but not limited to, the following behaviours: a) Loud verbal assaults directed at participants, officials, members of the public or City staff deemed to be aggressive or intimidating or having the potential of inciting violence; b) Threats and/or attempts to intimidate; c) Throwing of articles in a deliberate or aggressive manner; d) Aggressive approaches to another individual (physical/verbal assault); e) Physical striking of another individual; f) Attempts to incite violence in others; g} Theft of property; h) Possession of weapons; i} Vandalism to building or property owned or leased through the Parks, Recreation & Culture ; I, j) Refusal to follow the rules outlined by the City of Niagara Falls; k) Racial or ethnic slurs; 1) Use of Illegal drugs; m) Use of alcohol on non-licensed premises n) Harassment ("engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome" as defined by the Ontario Human Rights Code); o) Contravention of City by-laws or policies. If any of the prohibited behaviours occurs during an event organized or administered by the licensee, the license shall make all reasonable efforts to stop the prohibited behaviour prior to seeking the assistance of municipal staff. What is reasonable will depend on the degree of sophistication of the licensee. An organization Like a sports association will be expected to deal with prohibited behaviour in a much more sophisticated manner than a person who rents a pool for a birthday party. Procedure I Education 1. Parks, Recreation & Culture, with its community partners, will promote a promotional and educational campaign aimed at raising awareness among parents, participants, volunteers, officials, spectators and patrons of the Rzone operating procedures and, in particular, the importance of their role in creating a positive atmosphere; 2. In addition, necessary and required ongoing training and education will be provided to staff and volunteers (i.e.Rzone orientation, non-violence crisis intervention training, "Just Play" workshops), to support the implementation of this procedure. 3. The licensee is responsible to appropriate actions when inappropriate behaviours take place. City staff should only be asked to intervene after the licensee has made reasonable efforts to request the offending individual to leave. Page 3 of 6 II Duty to Report 1. The City's primary concern is the safety of the service users and it's staff. If at any time users or staff feel personally threatened, they are to call the Police immediately. It is NOT the expectation that staff or users put themselves at risk or jeopardize one's safety in dealing with any perceived or real situation; 2. City staff are to report acts of violence, vandalism or inappropriate behaviours to their immediate supervisor and convey a report to appropriate association(s) within 24 hours; 3. Patrons of City facilities are to report acts of violence, vandalism or inappropriate behaviours to City staff member and/or a designated person of the appropriate organization within 24 hours; 4. All incidents of violence and or vandalism or threatening situations must be reported to the Police; 5. Organizations dealing directly with incidents are required to inform the department of a resolution within 30 days. III Enforcement Options/Steps The City will take appropriate actions when incidents pertaining to this procedure occur in City facilities, programs or properties. City staff are authorized to act if inappropriate behavior or violence are observed or reported in the following instances: a)Observation (or potential) of any physical violence or vandalism; b)Observation of verbal abuse or (potential) threat; c) The request of a community group representative (i.e. coaches), who acting reasonably is unable to get co-operation from parents, participants, coaches, officials, or spectators; d)The request of a community group or individual who, as part of their operations, are threatened, intimidated, or persistently disrupted for the purposes of inciting negative activity. Requirements of users and volunteers: a)A representative for each group or team must be on site at all times; b)Representatives are required to understand the operating procedures; c) Without jeopardizing one's safety, advise the identified party that they are contravening the departmental operating procedures and contact the Niagara Regional Police if necessary; d}Provide full written report related to incident within the required time frame and notify City personnel. e) If misconduct occurs in hired parts of City facilities, city staff should only be asked to intervene after the licensee has made reasonable efforts to request the offending individual to leave. A. Upon witnessing or suspecting physical violence; enact the following City operating procedures and contact the police immediately: a) Without j eopardizing one's safety, advise the identified party to stop the activity immediately or they will be asked to leave; b) If party does not co-operate, inform identified party they are now trespassing (as Police have already been called); c) If individual refuses to leave, do not engage in argument or physical confrontation but wait for Page 4 of 6 Police to arrive; d) Advise authorized staff supervisor or on call supervisory personnel immediately; e) Prepare Rzone Incident Report; f) Incident to be reviewed by staff; g) All staff shall cooperate and support Niagara Regional Police during any Investigation and prosecution process resulting from any charges laid. B. Upon witnessing continued verbal abuse or activity: a) Assess the situation to determine if departmental operating procedures should be enacted; b}Advise identified party, without j eopardizing one's safety, that they stop the activity immediately or they will be asked to leave; c) If party does not co-operate, inform identified party they are now trespassing and Niagara Regional Police will be called; d) If individual refuses to leave, do not engage in argument or physical confrontation, leave and wait for Niagara Regional Police to arrive; e) Advise authorized staff supervisor or on call supervisory personnel; f) Request full written report from community group/representative; g) Incident to be reviewed by staff C. Upon reported actions of physical violence by community group/representative or volunteer; enact departmental operating procedures and contact Niagara Regional Police immediately: a} Without jeopardizing one's safety, advise the identified party to stop the activity immediately or they will be asked to leave; b If a does not co-o erate inform the identified art that the are now tres assin as Nia ara prtY p ~ P y Y p g( g Regional Police have already been called); c) If individual refuses to leave, do not engage in argument or physical confrontation, leave and wait for Niagara Regional Police to arrive; d) Advise authorized staff supervisor or on call supervisory personnel e) Request full written report from community group/representative f) Incident to be reviewed by staff. D. Upon reported actions of verbal abuse or activity by community group/representative or Volunteer: a)Assess the situation to determine if procedures should be enacted; b)Without jeopardizing one's safety, advise the identified party to stop the activity immediately or they will be asked to leave; c) If party does not co-operate, inform the identified party that they are now trespassing and Niagara Regional Police will be called; d)If individual refuses to leave, do not engage in argument or physical confrontation, leave and call the Niagara Regional Police; e)Advise authorized staff supervisor or on call supervisory personnel; f) Prepare Rzone incident report; g)Request full written report from community group/representative; h)Incident to be reviewed by staff IV Consequences of Non- Compliance Page 5 of 6 1. Individuals who engage in any unacceptable behaviour, as defined in this procedure, may, depending on the severity, be barred immediately from the premises and if necessary, a suspension for a period of time. The suspension may apply to all programs, facilities and properties, if warranted. Length of suspension will be determined by a Committee and will depend on the severity of the situation; 2. All incidents that result in a suspension or barring from programs, facilities and properties will be followed up in writing by Parks, Recreation & Culture, outlining the details of the suspension. The final decision related to the details of the suspension or barring will be made by the Director of Parks, Recreation & Culture or his/her designate. Correspondence related to discipline will be written under the signature of the Director of Parks, Recreation & Culture or designate; 3. Appropriate staff in facility sections and or geographic areas will be notified of individuals who are barred or individuals who received a letter of trespass from City properties and facilities. Appropriate organizations may be notified of the situation if warranted; 4. Incidents may be reported to the Niagara Regional Police Service, and charges may follow; 5. In addition to any other measures taken, where vandalism or theft has been pezpetrated, the individual(s) responsible will be required to reimburse The City for all costs associated with any repairs as well as any lost revenues or where appropriate be asked to repair the damage. V Appeal Process The City's appeal process shall not be used to attempt to overturn a sanction imposed by a sports organization. 1. Individual(s) wishing to appeal any disciplinary measure may present their case in writing, accompanied with a mandatory $100 fee to the Appeals Committee within 14 days of the decision. The fee will be refunded if the appeal is successful; 2. The Appeals Committee to consist of the Director of Parks, Recreation & Culture or designate, chair of the Recreation Committee or designate and member of Recreation Committee or sport organization in consultation with the appropriate staff or organization, will review the appeal and any decision made is final. Definitions Vandalism: is defined as the malicious, willful, and deliberate destruction., damage or defacing of property owned or permitted through the Parks, Recreation & Culture. Responsibilities 1. Parks, Recreation & Culture Staff are the key personnel responsible for the implementation of this policy; 2. Divisions are responsible for ensuring that preventative measures are in place so that incidents of Page 6 of 6 violence, vandalism and inappropriate behaviour do not occur in its programs, properties or facilities; 3. Visitors to the City of Niagara Falls's recreational programs, facilities or properties are responsible for behaving and acting in a manner that respects the rights of others in order for the services to be used and enjoyed by all; 4. Organizations and Users or Recipients of Parks, Recreation & Culture programs, facilities and properties are primarily responsible for the behaviour of everyone associated with them including participants, officials, spectators, patrons, parents, guests, etc; 5. Major User Groups by virtue of their signed agreements for use of City facilities, programs and properties, are expected to promote, support and endorse the City operating procedures within their organizations. In addition, it is the responsibility of the signator to sign a code of conduct and to ensure all those involved with the group (including out of City groups) are aware of the City's Rzone; 6. Casual users (non-permitted) are expected to abide by, support and endorse the City's Rzone; 7. The City shall work in partnership with community organization groups to ensure that their members have the opportunity to volunteer in a safe and positive environment. VI Policy Review Cycle This policy will be subject to review from time to time in a manner consistent with the City's policy review procedures. V:12008C OUNCIL10805261R-2008-21-Attaehment.wpd I IVEa~ 26, Zfl48 ~S-2~0~-~Z i ~ ~ ~ r: Councillor Carolynn loannoni, Chair and 1Vlembers of the Cornrnunity Services Committee City of Niagara Fails, Ontario f101embers: TS-200-3~ ®ock Street Parking C®ntrel Review F~~Ct3fi~MEIV®,ATlC~N: That a thirty (30} metre extension of the permissible parking area on the northeast side of dock Street between a point 15 metres northwest of 1~elland Street and a point ~5 metres northwest of iflielland Street be approved. ~~.CF~~RC~~lN~: Staff has conducted a review of 9~ock Street between plain Street and 1/~elland Street. The review was initiated to determine whether a portion of the existing parking restriction can be removed to accorr~modate additional on-street parking. ®ock Street is a local type roadway that extends in a north/south direction, connecting 1Vlain Street and ~``Jelland Street. The roadway is ~ metres in width and contains a gravel shoulder on the north/east side, as well as a paved shoulder on the south/west side. existing parking restrictions on the northeast side encompass dock Street from 'eliand Street and a point ~5 metres north, with a corner parking restriction present on the northeast side of dock Street from IVlain Street to a point 1 ~ metres southeast of ?~lain Street. Thus, at present, 55 metres of on-street parking is provided on the northeast side of dock Street which can fit about seven (7~ vehicles. There are no restrictions present on _ the southwest side of dock Street adjacent to Foodland. wring observations it was noted that traffic volumes on ®ock Street are low, with motorists utilizing the roadway primarily tQ access the Foodland market. Staff did not observe any potential problems v?,ohich could be anticipated with a reduction in length of the existing restriction. The parking restriction was implemented to ensure truck drivers would be able to manoeuver into the loading area. Truck drivers now use the `Welland Avenue access for deliveries. In addition to the shoulders on ®ock Street were previously graves and deteriorating due to parked vehicles. The shoulders have since been paved and are in good condition. The 30-metre extension to the permissible parking area community Serva~es ®epar#rnent Transportation Services Wo~,king Together t® S'e~ve fur Commicnit~ r ~x y, li~ay 26, 2Q0~ - ~ - Ts-2d®$-~2 wil! provide for an additional four (4~ on-street parking spaces. ~ `no parking' corner restriction will be maintained on the northeast side of ®ock Street from V~elland Street to a point 15 metres northwest of 9~elland Street, preventing vehicles from parking in close proximity to the intersection of ®ock Street ar~d V1/elland Street where visibility and turning manoe€~vres ray be compromised. Therefore, it is recorr~rnended that a thirty metre extension of the permissible parking area on the northeast side of ®ock Street between a point 15 metres northwest of V1~'elland Street and a point ~5 metres northwest of i~le!land Street be approved. f ~ ! Recommended by: ,,..~~-```~,..X-' ~._...~-.-..~._..__..__w_..~_n-_._... Marl Oren, director of Transportation Services approved by: ~ _ ~r.~~,,.___,__ _ Ed ®~~lovic, ~xec~ative ®irector of ~omr~~anity Services y t'3 a Respectfully submitted: ~ _ _ ~ Y ~ ~~~-~~=b-~.. j~ ~lbhn lilac®onald, thief Administrative ®fficer i B. Skiba S:1General AdministrationlGA 1 01 Reports12008 Community Services105 May 261TS-2008-32 Dock Street -Parking Control Review wpd u w;r w, R#~.~ r " . r 7 , ,i.' r ~ ~ ~ , vii' ~'w~}"'7,; s~ 4 E't ' Ay~.. 3 f.Ty~ l+ E ~ ~ ' J i / O. t w~~ ar ~ ar "K r. ~ t ~ Yu ~ n < ~ % .r~ e d u s, A Yx d ~ ~ S ~ o Y ~ S p ~n3~ ''M1 T w r ~ M ~ ` ! n lti `j i~ x 'f f 4 ~ 1 &4~' 9~ ,'`.<f 7 ,e ~ ~ fib. ty{f~ ~ C. ~ ~ M ~ k, -xt, y a #Y - - e ,rrP~ ~ ~ "+~~t~ yy r ~ ?e ey A q , .f' ` ~ I n> ~ ,~y ~ ~ i ~ , ~ r ~ faMl ~ ~a N ~ Y _ ~ ~ { - e - ~ ~ ~ P ~ t rF 'M~, w s f ~ ~ r ~ ~ y i 1~ ~ ~ "b ~ 1 ~ Afl y ~S ~ & .c M "°PP a iV ' f r' r r ~ ~~w S M a, A ~ ~ ~ ~i lr A ~ ~ ~4~ ~ fi ~ 4 ~ r? fib' ~ ~ ~ , f ~ s > r k f ` ~ ~ ~ ~ a' ~ ~ ` r