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2009/09/14- - S .- - - - - - - CORPORATE SERVICES COMMITTEE AGENDA SEVENTH MEETING Monday, September 14, 2009 Committee Room #2 - 5:00 p.m. 1. Minutes of the ]uly 20, 2009 Meeting 2. RepoHs a) L-2009-43 Green Oakes Mobile Home Park b) L-2009-39 City Sale of Auction Lands c) L-2009-36 McLeod Road Cost Sharing Agreement d) HR-2009-05 Corporate Pandemic Plan 4. New Business Staff Contact Ken Beaman Ken Beaman Ken Beaman Trent Dark 5. Adiournment l~Tiag~t~"~~ MINUTES OF CORPORATE SERVICES COMMITTEE Sixth Meeting, Monday, July 20, 2009, Committee Room 2, 4:30 P.M. PRESENT: Mayor Ted Salci, Councillor Victor Pietrangelo, Chair; Councillors Jim Diodati, Shirley Fisher, Vince Kerrio, Bart Maves, Wayne Thomson, Janice Wing and Carolynn loannoni STAFF: Ken Todd, Ed Dujlovic, Ken Burden, Dean lorfida, Ken Beaman, Alex Herlovitch, Todd Harrison, Karl Dren, Lee Smith, Serge Felicetti, Trent Dark and Lisa Wall. GUEST: Connie Nothdurft, 10941 Niagara River Parkway; Jane Pepino and Steve Zakam, Aird & Berlis ;Nicholas Bader, Campbell Partners; Thomas Richardson, Sullivan Mahoney; Albert & Margaret Borris, Connie & Brian Topotinsky, Carof Robertson, Gerald Fitzgerald, Veronica Jennings, Sherri Friesen, Beverley Morrissette, Shirley Bedell, Robert & Judy Olsen, Jerry MacPhail, Derek & Elizabeth Watson, Bonnie Vankesteren, Bev Corlis, Mark Wojciechowski, MaryDuckworth- Destefano, Del Henderson, Geoffrey Neelin, James McCutcheon- residents of Green Oaks Mobile Home Park. PRESS: Corey Larocque, Niagara Falls Review Alison Bell, Niagara This Week 1. MINUTES: MOVED by Mayor Salci, seconded by Councillor Fisher that the minutes of the April 6, 2009 meeting be adopted as recorded. Motion: Carried Action: Recommendation submitted to Council July 20, 2009. 2. COMMUNICATIONS: MOVED by Councillor loannoni, seconded by Councillor Wing that the City adhere to its Swimming Pool Fence By-law and thereby deny the request for an exemption to the by-law. Motion: Carried Action: Recommendation submitted to Council July 20, 2009. -2- 3. DEPUTATIONS: MOVED by Councillor Wing, seconded by Councillor loannoni that the Best Efforts Agreement between the City and Andrezj Kepinski be pulled from the by-law section of the Council Agenda. Motion: Carried Action: Recommendation submitted to Council July 20, 2009. 4. REPORTS: L-2009-33 Application of Section 99.1 of the Municipal Act, 2001 Our File No. 2009-142 MOVED by Councillor Wing, seconded by Councillor loannoni that Council defer any decision on considering a by-law under Section 99.1 of the Municipal Act to allow staff to do further research and allow the solicitor for the residents to prepare a submission and; That staff be directed to assist parties to investigate alternative solutions. Motion: Carried Action: Recommendation submitted to Council July 20, 2009. CAO-2009-01 Process Related to the Early Retirement Incentive Option MOVED by Councillor loannoni, seconded by Councillor Kerrio that the report be deferred to the Council Agenda. Motion: Carried Action: Recommendation submitted to Council July 20, 2009. 5. ADJOURNMENT: MOVED by Councillor loannoni, seconded by Councillor Kerrio that the Committee adjourn to an In-Camera session at 7:35 p.m. Motion: Carried Niagaraj~alls L-2009-43 September 14, 2009 REPORT TO: Councillor Victor Pietrangelo and Members of the Corporate Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L-2009-43 Green Oaks Mobile Home Park Our File No. 2009-142 RECOMMENDATION That Council decline toenact a by-law pursuant to section 99.1 of the Municipal Act, 2001. That the report be deferred to the next Corp. Services meeting and; that staff report EXECUTIVE SUMMARY back with regard to the People Need Housing document,:.. A by-law of this type cannot be enacted solely to prohibit one land owner from converting his property from a residential tenancy to some other use. The by-law would have to affect all or at least a large number of residential landlords. There is no evidence that the by-law would increase the number of available affordable residential units. The available evidence indicates that the residential rental property market in Niagara Falls is healthy. BACKGROUND The occupants of the Green Oaks Mobile Home Park have invited the City to enact a by- law so that they will not have to litigate with the owner of the trailer park. The by-law will be contested by the owner of the trailer park. The City will have to bear the cost of upholding the by-law. Further background is set out in the attached Report L-2009-33. ANALYSIS/RATIONALE The cost of defending the by-law is likely to exceed $50,000.00. This figure represents the estimated cost of retaining legal counsel and does not include an allowance for retaining consultants to develop the evidence to be led in support of the by-law. Retaining a consultant to develop the evidence to support the by-law is the best course of action for Council to take in order to prepare the best possible case to defend the by-law. The consultant would be required to develop a theory to support intervention in the residential tenancies market that will break new ground. Currently, the situation is that Council has received a number of reports indicating that the City of Niagara Falls enjoys a residential vacancy rate of more than 3 percent. The CMHC has, for many years, advised that a 3 percent vacancy rate in the residential tenancy market indicates a healthy residential tenancy market. Niagara Falls will have to develop evidence to refute this long standing advice. September 14, 2009 - 2 - L-2009-43 Niagara Falls will also have to develop evidence to address the fact that a residential rental project has recently been approved at Dunn Street. It is difficult to demonstrate that there needs to be a freeze on the conversion or demolition of residential housing when new construction is being undertaken. The fact that a number of conversions of rental apartments to condominiums have recently occurred, cannot be relied upon as evidence of a decline in the supply of residential apartments without further analysis. It is known to Council and Staff that a number of the converted buildings continue to be used as rental accommodation. FINANCIALISTAFFING/LEGAL IMPLICATIONS At least $50,000.00 should be budgeted for the defence of the by-law, if Council chooses to pass such a by-law. LIST OF ATTACHMENTS Letters from lawyers. Report L-2009-33 and related minutes. Recommended by: Ken Beaman, City Solicitor Approved by: ~b- K. E. urden xecutive Director, Corporate Services Respectfully submitted: Ke Todd, Chief Administrative Officer KB Attachment (9/8/2009) Oean lorfida - RE Section 99 1 df the Municipal Act ~ Page 1 From: "Nicholas C. Bader" <ncb@campbelllawyers.net> To: "'Dean lorfida"' <diorfida@niagarafalls.ca> Date: 9/8/2009 10:31 AM Subject: RE: Section 99.1 of the Municipal Act CC: "'Ken Beaman"' <kbeaman@niagarafalls.ca> Mr. lorfida, Please confirm that I am scheduled to make the follow up presentation to Council on September 14, 2009. Regards, Nick Nicholas C. Bader Partner Campbell Partners LLP 2624 Dunwin Drive, Suite 1 Mississauga, Ontario L5L3T5 (905) 828-2247 tel (905) 828-4311 fax ncb@campbelllawyers. net This email may contain privileged, private or copyrighted information. Any unauthorized use is prohibited. If you are not the intended recipient, please advise the sender and destroy the email immediately. -----Original Message---- From: Dean lorfida [mailto:diorfida@niagarafalls.ca] Sent: Friday, August 21, 2009 12:13 PM To: ncb@campbelllawyers.net Cc: Ken Beaman Subject: Re: Section 99.1 of the Municipal Act Thanks for the prompt reply. I look forward to the correspondence. Dean ----Original Message----- From: "Nicholas C. Bader" <ncb@campbelllawyers.net> To: <ncb@campbelllawyers.net> To: Dean lorfida <diortida@niagarafalls.ca> Cc: Ken Beaman <kbeaman@niagarafalls.ca> Sent: 8/21/2009 12:20:00 PM Subject: RE: Section 99.1 of the Municipal Act Dear Mr. lorfida, pS9/8/2009) Dean aortida RE: Section 99.1 of the Municipal Act u Page 2 My client is reviewing correspondence which I intend to send out today Thanks, Nick -----Original Message----- From: Dean lorfida [mailto:dio~da@niagarafalls.caj Sent: Friday, August 21, 2009 11:31 AM To: ncb@campbelllawyers.net Cc: Ken Beaman Subject: Section 99.1 of the Municipal Act Mr. Bader: I am just following up regarding the matter that was before Niagara Falls City Council last month. As the excerpt of the July 20th Council minutes state, a deferral occurred to allow, amongst other actions, you to prepare a submission. Can you provide me an update, from your perspective. Thanks Dean Dean lortida, City Clerk Niagara Falls 905-356-7521, Ext. 4271 905-356-9083 (Fax) L-2009-33 Application of Section 99.1 of the Municipal Act, 2001 Our File No. 2009-142 That Council defer any decision on considering a by-law under s. 99.1 of the Municipal Act to allow staff to do further research and allow the solicitor for the residents to prepare a submission; and That staff be directed to assist parties to investigate alternatives. Information from ESET NOD32 Antivirus, version of virus signature database 4356 (20090821) The message was checked by ESET NOD32 Antivirus. http:/lwww.eset.com Information from ESET NOD32 Antivirus, version of virus signature database 4356 (20090821) The message was checked by ESET NOD32 Antivirus. ~i Campbell Partners LLP Banisters, Solicitors and Notaries LAUGHLIN J. CAMPBELL LL.B. NICHOLAS C. BADER LL.B. PATRICIA RODRIGUEZ-McNEILL LL.B. COLD] C.G. PYE LL.B. I-2624 Dunwin Drive Mississauga, ON LSL 3T5 Tel: 905-828-2247 Fax: 905-828-4311 August 21, 2009 VIA EMAIL TO kbeaman@niagarafalls.ca Ken Beaman City Solicitor 4310 Queen St. P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 VIA EMAIL TO tarichardson@sullivan-mahoney.com Thomas A. Richardson Sullivan Mahoney LLP Barristers & Solicitors 40 Queen Street, P.O. Box 1360 St Catherines, Ontario L2R 6Z2 Dear Sirs: Re: Green Oaks Mobile Home Park (the "Park") ncb @camobelllawvers.net I am writing in respect of Mr. Richardson's letter dated August 13, 2009. It is unfortunate but not entirely unexpected that Marineland of Canada Inc. ("Marineland") has decided to take withdraw from good faith negotiations. Mr. Richardson has provided, on behalf of Marineland, its position with respect to the Residential Tenancies Act, 2006 (Ontario). Our position is contrary and also supported by the law. We have stated that the $3,000.00 in compensation is a statutory minimum. Further, the representations made by Mr. Holer (directly to some of the residents in the park) and lack of maintenance in the park give rise to a number of causes of action against Marineland and against Mr. Holer personally. In the event that City Council declines to exercise its statutory powers under section 99.1 of the Municipal Act, the residents of the Park will have no choice but to proceed to court. We are entirely unconcerned about the threat of a counterclaim. Marineland and Mr. Holer can be sure that the plaintiffs involved in any court action will have all of their rent and property tax paid to date. In response to Marineland's assertions that the tenants have failed to pay rent, we reiterate that the previously communicated maintenance issues which have not been resolved in the Pazk: (1) Abandoned properties are slowly falling apart, allowing pests and wild animals to nest in the mobile homes (along with overgrown vegetation and weeds); (2) Trees have encroached on many of the hydro lines throughout the park; (3) Lack of water pressure in 3 of 4 water lines (residents complain that it is almost impossible to have a shower at certain times of the day); (4) Sewage is leaking onto the park property from damaged sewer lines under the park, this results in a foul smell at some of the units; (5) Fire extinguishers around the park are infested with bees' nests; (6) Drainage is a problem in the park as the main drain in the centre of the park is unable to accommodate large amounts of rain water, resulting in flooding to several trailers during harsh rain storms; and (7) Pothole repair is not done quickly after rainfalls, making driving in and out of the park a challenge for some residents. Finally, as agreed at City Counci] meeting on 7uly 20"', 2009 our office is to provide further submissions on a Section 99.1 by-law. We had deferred any submissions to allow the parties to engage in an informal mediation process with the assistance of Mr. Beaman. In his letter, Mr. Richardson makes Marineland's position clear in this regazd. As such we are requesting an indulgence until September 14, 2009 to accommodate the writer's schedule and to allow further time to prepare su missions. e anticipate being able to provide advance copies of any documentation we intend to present on September 14, 2009 to Mr. Richardson and the City Council for consideration. Please advise if September 14, 2009 is agreeable to both of you. Yours very truly, CAMPBELL PARTNERS LLP Per: :~ /, NICHOLAS C. BADER NCB/rs (.bmp) cc. Brian Topolinsky [topper@iaw.on.ca] s'+d'y'~. ^tiii~x LYn4t8Tek"•.rJ2~%%a?~~sifi>i.'f7RY.-._~"'~ •..£~n3~'g~-.~:3ii t ~ ~ t A - v. , :d~3.i5+~iT.iS. ' 'T~fih§. ` A .5u`.:sq•`.22 - August 13, 2009 Please reyiy Jo SL Calharilres once Via)C-mail to kbeammr~nia arafalls ca Mr. Kenneth L. Beaman, City Solicitor City ofNiagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Via);-mail to neb(a,camnbelllavwels.net Mr. Nicholas C. Bader Campbell Partners LLP Barristers, Solicitors and Notaries 2624 Dunwin Drive, Suite I Mississauga, ON LSL 3T5 Dear Mr. Beaman and Mr. Bader: Re: Marineland of Canada Inc. Closure of Green Oaks Mobile Home Parh Ow• File No. 71355 Further to our meeting on August 5, 2009, we have now discussed the positions of your respective clients with our client, Marineland of Canada Inc. ("Marineland"). Marineland has indicated to us that it will not offer any compensation to the tenants of Green Oaks Mobile Home Park ("Green Oaks"} other than the $3,000.00 compensation that is payable to each tenant in accordance with the Resi~fentiaT Tenancies Act, 2006 (Ontario). As you know, Marine[and's position is that it has acted in accordance with the requirements set out in the Residential Tenancies Act, 2006 (Ontario) with respect to fire closuL•e of Green Oaks, and any attempt by the tenants of Green Oaks ot• the City ofNiagara Falls to impose a responsibility on Marineland to provide low income housing or to provide additional compensation to the tenants of Green Oaks is unreasonable, unfair and not supported by law. Witlt respect to the legal action threatened by the tenants of Green Oaks in an attempt to delay the closure of Greeu Oaks, Marineland wants to make it clear to Mr. Bader's clients that if such an action is commenced, Marineland will counterclaim against the Green Oaks tenants for all damages and losses sustained by Marineland relating to the delay in the conversion of the Green Oaks property to the uses intended by Marneland, for the payment of all arrears of property taxes owing by the Green Oaks tenants, and for alt of Marineland's legal fees on a solicitor and client basis. 40 Qneen Street P. O. Bar 1360, St Catharines, Ontario L2R 671 Telephone: 905b88-6655, Facsimile: 90S68S381-0 4781 Portage Road, Niagara Fails, Ontario L7G 6B1 Telephone: 905357-0500, Facsimile: 905357-0SOF uv~esuAirmrmahoney ttan V.F. Muratori, Q.C. P.B. Bedard i.e1. Richardson P.M. Sheehan W.B. F1cRaig J. Dallas D.A. Goslin 1.M.Oouli R.B. Crdlifmr J.R. Bush F,A. Mahoney B.A. Macdonald MJ. Bonomi O.W. h1Mmm S.J. Prcmi C. D'Angeb R. Vacca T. WaN K.A. Boo{: 8.1. Traip h1.F. Adams L;K,Parsons C.1. aR1Ie J.P. Maloney S.R.Wells OCCOUOSe[(Commtercial Lawy M.D. Krilucl: Page 2 Furthermore, due to the circumstances facing the Green Oaks tenants, up until now Marineland has acted in good faith and has not actively pursued eviction due to non-payment of rent. However, given the level of resistance being exhibited by the Green Oaks tenants, Marineland now has no choice but to vigorously pursue, through the Landlord and Tenant Board, the immediate eviction of all Green Oaks tenants who are in arrears of rent. Attached for your reference is a copy of a spreadsheet effective as of August 8, 2009, which shows the amount of property tax and rent arrears owing by each of Mr. Bader's clients. As you will sea, Mr. Bader's clients' property tax arrears total $8,980.b1, and their rent arrears total $30,038.54 as of August 8, 2009. Only a few of Mr. Bader's clients are not in arrears of rent at the present time. It is interesting to note that Mr. Bader's clients, most of whom are in arrests, are the same individuals that are claiming that Marineland is acting unfairly and in violation of the law. Lt reality, it is Mr. Bader's clients who are breaching their contractual and legal obligations. With respect to the possibility that the City of Niagara Falls may pass a by-law pursuant to Section 99.1 of the Mtvricipal Act, 2001 {Ontario}, we will be very interested in the language that is used in such a by-law. If the City of Niagata Falls intends to pass such a by-law, thou we wilt ensure that rental residential property owners in Niagara Falls are made aware that such a by-law is being considered. In addition, Marineland will not hesitate to bring the appropriate legal action against the City of Niagara Palls if such a by-law is passed. We trust that this correspondence makes our client's position clear. Please contact me if you have any questions regarding the content of this letter. Yours very truly, SULLIVAN, MAHONEY LLP Per: ~, ' H- 0' sm E~nclosnre Thomas A. Richardson cc-Ms.'ttacy Stenrert, Marineland of Canada Inc. July 20, 2009 Counciilar Victor Pietrangela and Members of the Corporate Services Committee City of Niagara Fads, Ontario ~emtJerS: t:-zoa9-~ The recommentlation(s) confainetl in this repartwere ainentletl hycommittee antl ratified ny Cily Council Re. L-2#109-33 Application. of section 99.1 of the- Municepai Act, 281 Our File No, 2009-142 RECOMMENDATIOtdt That Gou cline to enae - aw pursuant to lion :99,1 of th nicipai Act,. 2041. That Caurtcil defer any decision on considering a by-taw under s. 99.1 of the Municipal Act to allow staff Yo do #urther research and allow the solicitor for the residence to prepare a submission; anal That staff be directed to assist parties to investigate alternative solu#ions. BACKGROUND: On June i3, 2009 Council resolved that: ORDERED an the motion of Councliot Wing, seconded by Gnuncilior loannoni that Staff prepare report back on the applicability of section 99.1 ofi the Municipal Act in the Green Oakes Mobile Home situation and that Staff consult with the owner. Section 99. t of the Municipal Act, 2409 provides as follows: 99.1{t} Demalitiun and conversion of residential rental properties A local municipality may prohibit and regulate the demolition. of residential rental properties and may prohibit and regulate the conversion of residentiaE rental properties. to a purpose other than the purpose of a residential ren#ai property. 99,'t{2} $arne The power to pass a by-!aw respecting a matter described in subsection {9) includes the power, {a) to prohibif the demolition of residential rental properties without a permit; {b) to prohibit the conversion of residential rental properties to a purpose other than the purpose of a residential rental property without a permit; and {c} to impose conditior}~~s a requirement of obtaining a permit. f#?nrking Pagether to .serve Our Go»rmuuidy cory,orate services [7epartme,x ~egalServices July 20, 2D09 - 2 - L-2009-33 99.1(3) Restriction The municipality cannot prohibit or regulate the demolition or conversion of a residential rental property that contains less than six dwelling units. 99.1(4) Effect of building code, etc. Despite section 35 of the Building Code Act,1992, in the event that the Building Code Act, 1992 or a regulation .made under that Act and a by-law prohibiting or regulating the demolition or conversion of a residential rental property treat the same subject matter in different ways, that Act or the regulation under that Act prevails and the by-law is inoperative to the extent that the Act or regulation and the by-law treat the same subject matter. 99.1(5) Same If a permit to demolish a residential rental property is issued underthis section, no permit is required under section 8 of the Buitding Code Act, 1992 to demolish the property. 99.1(6) Report The municipality shall report statistics and other information concerning the demolition and conversion of residential rental properties to the Minister and shall do so at the times and in the form and manner specified by the Minister. 2006, c. 32, Sched. A, s. 40 Analysis: The intent ofthe section is to provide municipalities with the legislative authorityto regulate and prohibitthe demolition of residential buildings. The origins of the section can be traced back to the affordable housing policies of the provincial governments of the late 1980's and early 1990's that were embodied in the Rental Housing Protection Act, 1986, S.O. 1986, c.26. These policies required that property owners seeking to demolish or convert rental properties to other uses were required to obtain the approval of the municipality prior to doing so. In 1997, the provincial government elected to change its policies and replaced the Renfal Housing Protection Act, 1986 with the Tenant Protection Act,1997, S.O. 1997, c.24. The new Act altered the emphasis of provincial regulation in this area. The emphasis shifted from preservation of buildings to the rights of tenants. Some larger municipalities, particularly the City of Toronto, wanted to maintain an emphasis on building preservation. They responded to the repeal of the Rental Housing Protecfion Act, 1986 by enacting Official Plan policies that imposed on building owners a regime of regulation that was virtually identical to the one created by the Rental Housing Protection Act, 1986. July 20, 2009 -3 - L-2009-33 The City of Toronto's authority to enact such Official Plan policies was challenged before the Courts. The City of Toronto prevailed. There then ensued a large number of lengthy Ontario Municipal Board cases involving efforts to convert or demolish rental buildings. This was not a desirable state of affairs, not only because of the number, length and complexity of the cases, but also because an Official Plan is meant to be a statement of policy, not an instrument of regulation. By-laws are meant to regulate. Section 99.1 of the Municipal Act, 2001 restores to municipalities the power to regulate rental housing conversion by by-law. Of course, the by-law must still be supported by appropriate Official Plan policies in accordance with the requirements of section 24 of the Planning Act, R.S.O. 1990, c. P.13. It is the opinion of Legal Services that section 99.1 of the Municipa! Act, 2001 could be used to regulate the demolition and conversion of the trailer parks. The Tenant Protection Act, 2006, which replaced the Tenant Protection Act, 1997, applies to "residential units in residential complexes". "Residential units" can include a site for a mobile home. "Residential complex" can include a "mobile home park." It would appearthat Green Oaks Trailer Park is a Mobile Home Park. As the purpose of section 99.1 is to preserve residential rental properties, it would follow that the words "residential rental properties" as they appear in that section should be read as synonymous with the words "residential complex' as they appear in the Residential Tenancies Act, 2006. Every "residential complex" is a "residential rental property". As a mobile home park is a residential complex, it would follow that a mobile home park is a residential rental property. It follows that a mobile home park, such as the Green Oaks Trailer Park, could be made subject to a by-law enacted pursuant to section 99.1 of the Municipal Act, 2001. In addition, the actions of Marineland of Canada Inc., when dealing with the occupants of Green Oaks are consistent with the actions of a residential landlord serving notice of termination upon residential tenants. Having said that, Legal Services submits the following observations: Staff has canvassed approximately 30 municipalities and have been advised that only the City of Toronto has enacted a section 99.1 by-law. That by-law does not apply to mobile home parks. Ottawa has been considering enacting a section 99.1 by-law forover a year. That City is undecided on whether to proceed with such a by-law and as to whether or not the by-law would apply to mobile home parks. The Courts are not sympathetic to municipal Councils that appear to rush into legislative decisions without the benefit of any reflection, study or consultation with the persons likely to be affected by a by-law. It is, therefore, recommended that Council be cautious in exercising legislative authority in this area without having the benefit of analysis of the likely impact of the by-law upon the citizens of the municipality. Further, the law does not permit a by-law that is, or appears to be, targeted at a certain individual. A by-law must be of universal application and apply equally to all persons of the same circumstance. Therefore, it is recommended that if Council chooses to enact a by- law, the by-law apply to all residential rental properties of six or more units. The by-law should also include specific criteria to guide Staff and Council in the July 20, 2009 - 4 - L-2009-33 administration of each application. An allocation of funding and resources, toge#her with a comprehensive administrative plan would demonstrate the good faith of the Council in its exercise of its powers as set out in section 99.1. Staff estimates the cost of such a study to be at least $75,000.00. The by-law would also require that Council set up an administrative regime in order to comply with the requirements of subsection 99.1(6). It is recommended that Council be provided with an estimate of the cost of this regime before the by-law is passed. As instructed, Staff have met with representatives ofthe owners of the Green Oaks Mobile Home Park, Marineland of Canada Inc. The information provided by the owner at that meeting is set out in the attached correspondence from the solicitors for Marineland of Canada Inc. Staff has no information that would indicate that Marineland of Canada Inc. has" not complied with the requirements of the Residential Tenancies Act, 2006. However, in any event, Staff would recommend that issues between landlord and tenant should be left to The Landlord and Tenant Board. The Landlord and Tenant Board is a tribunal specifically created to hear and resolve disputes between landlords and tenants. The correspondence from the solicitors for Marineland of Canada Inc. raises the issue of the retrospective application of a section 99.1 by-law to the Green Oaks Mobile Home Park. Generally speaking, there is a presumption against any law having retrospective effect. Stated another way, the law presumes that the legislature (in this case, the City Council) does not intend to take away existing rights. There is no question that a court considering a challenge to a section 99.1 by-law enacted in the immediate circumstances would carefully examine the by-law and rationaleforthe by-law. The onus would be on the Cityto demonstratethat Council intended the by-law to applyto a situation in which notices to terminate the tenancy had already been served. The City would also be called upon to prove that the Ontario Legislature intended to grant the powerto Council toenact a by-law that achieved this intent. Legal Services submits that the second of these issues will present a significant challenge. Summary: In summary then, while section 99.1 of the Municipal Act, 2001 on its face sets out a power with which Council might enact a by-law that prevents the closure of the Green Oaks Mobile Home Park, the rules of common law governing the exercise of such a power are such that Council should either decline to exercise the power, as recommended by Staff or, should Council wish to proceed with a section 99.1 by-law, that Staff be instructed to carry out a City wide study of this issue. Recommended by: Beaman, City Solicitor Approved by: Respectfully submitted: Attachment K. E. Burden, Executive Director of Corporate Ken Todd, Chief Administrative Officer - 10 - July 20, 2009 Council Minutes 2. That Council approve the Agreement of Purchase and Sale (the "Agreement")from Daniel Stephen Hudson (the"Pumhaser") attached to this Report as Attachment "2", and that the Mayor and Clerk be authorized to execute the Agreement and the Clerk be authorized to affix the corporate seal thereto. ORDERED on the motion of Councillor loannon i, seconded by Councillor Kerrio that the report 6e approved as recommended. Carried Unanimous ~~~~" RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS ORDERED on the motion of Councillor Pietrangelo,seconded by Councillor Diodati that the actions taken in Corporate Services Committee, on July 20, 2009 be approved. Carried Unanimously 1. That the minutes of the April 6, 2009 meeting be adopted as recorded. 2. That the Ciry adhere to its Swimming Pool Fence By-law and thereby deny the request for an exemption to the by-law. 3. That the Best Efforts Agreement between the City and Andrezj Kepinski be pulled from the by-law section of the Council Agenda. 4. 1-2009-33 Application of Section 99.1 of the Municipal Act, 2001 Our File No. 2009-142 That Council defer any decision on considering a by-law under s. 99.1 of the Municipal Act to allow staff to do further research and allow the solicitor for the residents to prepare a submission; and That staff be directed to assist parties to investigate alternative solutions. ORDERED on the motion of Councillor loannoni, seconded by Councillor Kerrio that the meeting go past 11:00 p. m. Motion Carried with Councillor Thomson opposed. ..<.« CAO-2005-01 -Process Related to the Early Retirement Incentive Option The report recommends: - 1. That staff strengthens In Camera procedures and ensures a detailed reporting of what transpires for any closed meeting session. 2. That in the absence of the City Clerk, due to Personnel matters, proper procedures be put in place to provide compliance with fhe Municipal Act. 3. That any similar early retirement program under consideration in the future be presented to Council outlining, in detail, the program criteria. 4. That staff liaisons on Council advisory committees be reminded of their responsibility to bring forward the committee's recommendations for Council consideration, especially if these recommendations are substantive in nature. 5. That future Human Resources-related matters are dealt with by the Corporate Services Committee. 6. That the Human Resources Committee continue to act on an "Ad Hoc" basis for special assignments, such as CAO performance review. ORDERED on the motion of Councillor Kerrio, seconded by Councillor loan noni that recommendations 1-5 be approved and that the HR Committee be disbanded with all staff related matters directed to the Corporate Services Committee. Carried Unanimously H.A.IITLEY IIRG. FALLS CLEPY,S't}9 {19f11 fl].f):~ ~ 449! ELMlNOOD AVE NIAGARA FALLS ONT L2E BHi P~ . ~~ ~ ?~~ ~- - ~~l j 99. ~ a~ - ~-~~ y,~ act ,~, ~~' ,. .~ ~~~~~~~ ~ ~ Niagara,FalIs L-2009-39 September 14, 2009 REPORT TO: Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L-2009-39 City Sale of Auction Lands Our File No. 2009-117 RECOMMENDATION For the information of Council. EXECUTIVE SUMMARY The recent auction of the sale of surplus lands was successful in creating a demand for properties that had laid dormant in the City's inventory for many years. In addition, more than $900,000.00 in revenues were realized and expenses and liabilities related to these properties have been removed. The method of sale allowed the municipality to dispose of a bundle of properties in a compressed time frame. For some of the properties, the City had never received any prior inquiries or expressions of interest. The municipality will now have this experience to go on when determining methods for the disposition of surplus lands. BACKGROUND Over the last two years, Legal Services has been proactive in attempting to clean up a number of surplus City-owned property files, with a view to selling the properties. In November 2008, Report L-2008-38 declared a number of City-owned properties surplus. In the Report, at that time, it was identified that a possible sale option would be by auction. Council formally adopted the method of sale with the approval of Report L-2009-17 on April 20, 2009. The auction of surplus lands took place on July 11, 2009 at the MacBain Community Centre. One hundred and sixty (160) people attended, with sixty-five (65) registered to participate. Bythe end ofthe auction, commitments had been made for all twenty-four(24) properties on offer. The closings of the sales have taken place over the past five weeks, beginning July 29, 2009 and ending August 28, 2009. ANALYSISIRATIONALE Staff considers the outcome of the auction to be a success as: September 14, 2009 - 2 - L-2009-39 • Many of these properties have been in the City's inventory for many years. (Some for more than 50 years!) For a number of these properties, the municipality had never received any previous expressions of interest. • As noted, the City will gain more than $900,000.00 in revenues from the sales. • The City will no longer have to incur the associated expenses and liabilities for maintaining these properties. • The City will now realize taxation revenue from these lots. • The stated intention of many of the purchasers was to construct residential homes. This construction should provide a minor stimulus to the local economy. • The auction format allowed two dozen properties to be sold in one day, with closings within a month's time. • The auction allowed for the "bundling" of properties. It is Staff's opinion that this bundling allowed for some sales of properties that otherwise would have been difficult, if not impossible, to attract sufficient interest to generate reasonable revenue. • Staff time will be saved by a significant reduction in the number of inquiries about the details respecting some of these lots that never resulted in any concrete benefit to the taxpayers. • The City has achieved a rate of return of 91 % of the appraised value of the lots. Staff believes that the 91 % rate of return against the appraised values is a success. The appraisals obtained were not corrected to reflect the significant encroachments that were in place on a number of these properties and the change in the economic climate that has occurred since the time of the comparable sales used in the appraisals. For the City to realize more than $900,000.00 in revenues in these economically difficult times, it must be considered a boon to the municipality. Staff considered listing the properties for sale in the more traditional fashion. However, there did not seem to be any rational criteria for distinguishing between the many highly qualified brokers in the Niagara Falls area. It was Staff's understanding that it was not possible to list a property with the Niagara Association of Realtors itself. This understanding has since been confirmed by information received by Mr. John Hopkins, from the Association, during the course of inquiries he made on behalf of Niagara Peninsula Energy Inc. Staff understands the Niagara Association of Realtors will shortly be giving consideration to amending its rules to permit public authorities to post "Board Listings." The auction method successfully created demand and interest in the properties that, given the nature and history of a number of the properties involved, would likely not have been achieved through traditional means. The method also allowed the City to "bundle" properties. A number of properties had never received any meaningful expressions of interest. The auction allowed the City to get these properties into private hands where they can serve a productive purpose; off of the City's inventory, where they were not serving a purpose and causing a drain on the public purse; and achieve a reasonable return in the September 74, 2009 - 3 - L-2009-39 course of doing so. Selling the properties by auction saved considerable Stafftime and effortwhich would have had to be expended to prepare them for sale by listing. It is extremely doubtful that by engaging in traditional listings, the City would have created a buzz and turned the properties around in the short timespan outlined. The sale was thoroughly advertised, listed on the City's and auctioneer's websites at the beginning of June and brought to the attention of several realtors and auction devotees. The decision to not have a reserved bid was decided after a thorough discussion on the pros and cons of reserved bids with Council. Finally, as noted in the letter from the auctioneer, a number of real estate agents did attend on behalf of clients. Moving forward, subject to its duties as a public authority, the City is always open to offers on surplus properties. There are currently at least four properties that the City chose not to list in the subject auction. For those properties, other methods of sale may be more appropriate. FINANCIALISTAFFING/LEGAL IMPLICATIONS More than $900,000.00 in revenues have been gained by the City with the public auction. Expenses related to the properties will no longer be incurred and tax and building permit revenues will be realized going forward. Staff time, particularly in Municipal Works, Planning & Development and Legal Services, will be reduced in responding to individual property inquiries. CITY'S STRATEGIC COMMITMENT The auction met a number of Council's strategic priorities: identifying and evaluating alternate sources of revenue; maintaining or reducing costs to the corporation; and promoting economic development in the community. LIST OF ATTACHMENTS Letter from the Niagara Association of Realtors. Letter from Doug Embleton, Auctioneer. Recommended by: ~" ' Approved by: r Respectfully submitted: Ken Beaman, City Solicitor K. E. Burden, fzkecuti~e Director, Corporate Services l Todd, Chief Administrative Officer DIlKB Attachments (~ ~ ~ ~ Js!ti .' ` f'%F a 9 fuj ~ , 't , r ®~{' a -'~ ~~ President Ai Hines President-Elect Angela Higgins Vice-President Jeanette Rinderlin Martin Past President Lisa Wale Directors ]anet Jeffery Domenic Paonessa Donald Parr Brenda Piech Peter Ursac[ci Executive Officer Lynda Kitchen 116 Niagara Street, 5t Catharines, ON L2R 4L4 Tel: 905 684-9459 e'®w ~ ' Fax: 905 687-7010 Email: adminCalMLS-niagara.com '.~~f~4 see Web site: www.MLS-niaaara.com ' . ~~~; July 13, 2009 Mayor Ted Salci and Council Members Mayor's Office The City of Niagara Falls City Hall, P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario, Canada L2E 6X5 Dear Mayor Salci and Council Members: As Chairperson of the Niagara Association of REALTORSp Government Relations Committee, I am writing you today to forward concerns raised by a number of our Members regarding the recent auction of lands by the City of Niagara Falls. We are curious as to why the City would choose to use the services of an out-of- town Auctioneer to dispose of these surplus lands. As Mayor Salci himself is a Real Estate Broker registered with a Niagara Falls Brokerage, I am sure you are aware there are 1000+ REALTORSp throughout the Niagara Region and that a significant number of them live and trade in the City of Niagara Falls. We also question why there was little advance notice of this sale -with the ad appearing in the Niagara Falls Review and St. Catharines Standard only a few days prior to the auction. By selling these properties by auction without reserve, we are not convinced your City -and by extension the taxpayers - would have received full value for these properties as they were not exposed to the greatest number of buyers. Your comments would be most appreciated. Sincerely, /~. , l~.c~ N ~~ Lisa Wale, Chairperson 2009 Government Relations Committee Niagara Association of REALTORS® r i i Doug Embleton Auctions Inc. 3275 Judith St. Niagara Fa11s ON L2J 2E4 3710 Main St. Niagara Falls ON (Chippawa ON) L2G 6B1 5544 McLeod Rd. Suite 30 Niagara Falls ON L2G 3E3 905-991.-8747 800-298-60$6 Mayor Ted Salci, Council Members and City Staff: It has been brought to my attention, recent comments concerning the Real Estate auction conducted on July 11th, must be addressed. Unfortunately, the article in the newspaper by a local Rea( Estate Broker as well as correspondence from the Niagara Association of Realtors have raised questions that need to be answered. Misleading comments question decisions made by council, city staff, Regional Appraisals and Niagara Auctions Inc.. I was hired because of my qualifications and past success in selling city properties. I am NOT an out of town auctioneer. I was born, raised and taught school for over 34 Years in Niagara. My company Niagara Auctions Inc, has been based in the Niagara Peninsula for over forty years. Currently I have an apartment /office at 5544 McLeod Rd. Suite 30, an office at 3275 Judith Ave. and a long standing office and warehouse at 3710 Main St. (Chippawa) Niagara Falls. I am currently a member in good standing and Past Director of the Fart Erie Chamber of Commerce. There were ads for this auction in local and out of town newspapers, Internet, suctiom periodicals, flyers, as well as over 200 plus persoanl invitations mailed to builders, lawyers, and real estate offices in St. Catharines, Niagara Fa11s, Welland and Ft. Erie. The ads ran from when I was hired up to, and including, the week of the auction. The Real Estate agents and brokers were protected in that they could earn their commission if one of their registered customers bought properties at the sale. Although several agents /brokers registered with their clients only a few were successful in securing properties for their clients due to the ultimate selling prices. Without having reserve bids, the city was guarenteed to sell all of the properties and finally begin to gain ongoing income from the lands. The city solicitor will make you aware of the totals, however I will tell you the sale did extremely well. All offers were unconditional, cash', with everything being sold as is and where is. Tke lands ryere all sold in one afternoon with all closing by the end of August. We were criticized for not publishing the addresses for these properties. The property addresses could not be published prior to auction. Road ends and infill lots do not have addresses. In our ads we gave the addresses when possible of the homes on both sides of the property to be sold, in order to make finding the property easy. All properties had large detailed signs. We conducted personal tours to the properties when requested and had detailed information available on the city and our web sites. The properties were appraised prior to auction by an independent A.A.C.I. appraiser to establish their value, zoning and services. The real estate broker's exaggerated value of the land in the Review was inaccurate, as was the suggestion that buyers could not pay the $5,000.00 refundable security deposit. If a purchaser could not put up a $5,000.00 security deposit,. how could they afford to buy any of the lands? All in all, I would congratulate council & staff on an excellent endeavour. We were very successful and all of Niagara Falis will benefit from the sale. Those in attendance are already asking when and where the next sale will take place. Further I am donating back to the city the $1,000.00 for the property that was removed from the sale. I am also donating to the church, (St. Georges) that bought one of the properties half of my commission on their purchase Once again, thank you for the opportunity to work diligently and successfully. I hope we may work together again in the near future. Yours truly, Doug Embleton President Niagara Auctions Inc. September 14, 2009 Niagara~alls CANADA Councillor Victor Pietrangelo and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: L-2009-36 McLeod Road Cost Sharing Agreement Our File No. 2008-95 RECOMMENDATION: L-2009-36 That the City enter into an Agreement with Oakwood Place Shopping Centre Limited, Canadian Tire Real Estate Limited, McLeod Square Inc., Cookshire Developments Inc., Hamburg Honda Corporation, Scott Group of Companies Inc., The TDL Group Corp. and the Regional Municipality of Niagara for the funding of road improvements at the McLeod Road and Queen Elizabeth Way interchange and the Mayor and Clerk be authorized to execute such Agreement. with revised Schedule "B", and that affected properties be notified. BACKGROUND: Council will recall that during the process of considering the applications for zoning by-law amendments concerning 7555 Montrose Road (Niagara Square) and 7307 Oakwood Drive (Smart Centres/Walmart), the issue of the costs of required road improvements to the McLeod Road corridor emerged. In particular, the Ontario Ministry of Transportation (MTO) was looking for a way to cause the developers of property along the McLeod Road corridor to contribute to the cost of improvements to the interchange between McLeod Road and the Queen Elizabeth Way. The MTO has been experimenting with a program of using its powers under section 38 of the Public Transportation and Highway Improvements Act R.S.O. 1990 c.P.50 to obtain such contributions. Section 38 of that Act provides that a permit is required from the MTO to erect any structure within 395 metres of an intersection on a controlled access highway and to erect a building "for the purposes of a shopping centre, stadium, fair ground, race track, drive-in theatre, or any other purpose that causes persons to congregate in large numbers" within 800 meters of such an intersection. Using this authority, the MTO then takes the position that no section 38 permits will be issued in the target area until arrangements are in place that satisfy the MTO that the financial demands of the MTO are secured. Working Together to Serve Our Community i CorporLegal ServloeDepartment September 14, 2009 - 2 - L-2009-36 The MTO strategy has been challenged before the courts. The MTO lost. This loss has not appreciably altered their approach. In keeping with this strategy, the MTO has informed the City of Niagara Falls and the Region of Niagara that no section 38 permits will be issued in the vicinity of the intersection of McLeod Road and the Queen Elizabeth Way until such time as the Region and the City enter into an agreement which includes terms securing the MTO's position. The Agreement represents the terms that have been negotiated between the City, the Region and 7 parties that are seeking to develop properties in the affected area (7 owners). The Agreement provides that: Each of the affected owners will provide a proportionate share of the 3.8 million dollars required by the MTO, by way of a Letter of Credit to be delivered to the Region. (The Region will be constructing the improvements undercontract with the MTO. ) The City will not provide a Site Plan Clearance to the Chief Building Official for any project in the affected area until such time as the Region has confirmed that the developerof that project has contributed his proportionate share. This principle will apply to the initial 7 projects and to any subsequent projects in the affected area. The restriction will be in place for 10 years. • With each new project, the shares of each contributor will be adjusted. • A trustee paid for by the developers will administer the proportioning of shares in accordance with a formula set out in the Agreement. • The Letters of Credit will be cashed or replaced with cash at the time the Region undertakes the required MTO improvements (currently anticipated to be during the 2010 construction season). • The Agreement obligates City Staff to initiate Official Plan and zoning by-law amendments aimed at putting in place a holding by-law that will require a proportionate contribution to the MTO costs to be made by a land owner, priorto the "H" being lifted. (City Staff believe this requirement is excessive, however the developers believe it is in their best interests.) The Agreement includes indemnity provisions to ensure that neitherthe Region nor the City will incur any costs should there be any challenge to the requirement to contribute to the road improvements. The developers' group has agreed to defend or fund the defence by the Region or the City of any condition imposed on new development in respect of any development application or building permit application within the affected area. The affected area will consist of the area illustrated in the attached aerial photograph. Staff would much prefer that the MTO look after its own affairs and contract directly with the developers itself. However, the MTO refuses to do so and continues to look to Municipal Staff to facilitate their requirements. Staff has gone so far as to meet with the Minister of Transportation in an attempt to secure a change in approach. The attempt was September 14, 2009 - 3 - L-2009-36 not successful. Given the inflexibility of the MTO and given the desirability of the developments proposed by the 7 developers and of restoring the ability of the owners of the lands in the affected area to develop their lands, Staff are recommending the Agreement as described in this Report. Recommended by: Approved by: Ken Td~dd, Chief Administrative Officer Respectfully submitted: Ken Beaman, City Solicitor ~K.E: Director of Corporate Services KB/sm Attachment -_~% HR-2009-05 Niagara,FaIIs September 14, 2009 REPORT TO: Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee SUBMITTED BY: Corporate Services, Human Resources SUBJECT: HR-2009-05 Corporate Pandemic Plan RECOMMENDATION That Council receive the following information and approve the attached policies, 400.39 Human Resource Practices During aPandemic/Emergency and 400.40 Working From Home During a Pandemic, along with the Corporate Business Continuity/Pandemic Plan. EXECUTIVE SUMMARY The Canadian government and public health officials are urging business leaders to focus on planning their organizations for the possibility of an influenza pandemic. It is important to be adequately prepared for the possibility of a pandemic, and to develop specific plans to protect our employees and maintain business operations during a pandemic. Further, it is important to be knowledgeable about the risks associated with the threat of an influenza pandemic and, be adequately prepared for the potential social and economic costs. A pandemic could potentially affect our workforce, clients and customers, and it could cause workforce shortages, supply chain disruptions, and panic among the public, employees and their families. The City of Niagara Falls Business Continuity/ Pandemic Plan is written in response to the existing threat of a possible influenza pandemic. Its purpose is to serve as a guiding document in planning for both short term and long term Corporate strategies, in the event of a pandemic. The plan strives to ensure continuity of normal business operations during a pandemic. Further, it also contains a framework for how a particular division/area will respond to staffing/operational needs during a pandemic or emergency. BACKGROUND Experts suggest that during an influenza pandemic, organizations may experience staff absenteeism rates up to approximately 30 - 40% for extended periods of time. This figure does not include those individuals that may be required to stay home to care for ill or vulnerable family members. Earlier in 2009, the H1N1 Virus (Swine Flu) was classified by the World Health Organizations as a Pandemic. The term Pandemic implies a human disease that occurs overa wide geographic area and affects an exceptionally high proportion ofthe population. As a result, Public Health officials at all levels in Canada have been working diligently in preparing for the potential of an influenza breakout for this coming Flu Season. September 14, 2009 - 2 - HR-2009-OS The City of Niagara Falls has also been working very closely with the Niagara Regional Public Health Department as well as with various municipal representatives from Fire Services and Human Resources to prepare a Business Continuity/Pandemic Plan. This Corporate Pandemic Plan will serve as an operational guideline for managing an appropriate response to a influenza pandemic/emergency situation either occurring within, or impacting, the City of Niagara Falls. While the pandemic strategy is considered a "workplace" emergency plan, it is intended to complement the City of Niagara Falls- Emergency Management Plan which details the municipal emergency control and operations, the responsibilities of key staff, and provisions for declaring and terminating a municipal emergency. CITY'S STRATEGIC COMMITMENT In accordance with Council's strategic priority to monitor and improve the efficiency of the organization, The City's Business Continuity/Pandemic Plan is based on a four pronged approach: a) Be Ready ............... ..... Plan in anticipation of an influenza pandemic. b) Be Watchful ........... ..... Practice active surveillance to identify at earliest stages. c) Be Decisive ............ ..... Manage the spread quickly and effectively. d) Be Transparent...... ..... Communicate with employees and public. Be Ready Each division will identify those services that are critical to our customers. They will also identify those which are less critical, and can be curtailed to free up resources for the critical services. A process will be developed to redistribute those resources. (See attached Business Plan template titled "Program Delivery During Pandemic Phase") Be Watchful The Ontario Government (Ministry of Health & Long Term Care, MOHLTC) and the Regional Municipality of Niagara are tasked with communicating the information to municipalities in Niagara on influenza activity. The MOHLTC has an active screening and surveillance program established. The City's pandemic plan will strivetowatch forwarning signs of infection. The province in collaboration with local public health units will provide stakeholders information on identification and prevention of the disease. Be Decisive The City can act decisively to manage and contain the spread of the disease by taking precautionary steps atthe prevention phase. Some precautionary steps include educating employees and the public on prevention methods (ie. proper hand hygiene), installing public hand sanitizing (Purell) units in all City owned buildings, and limiting meetings/functions that require face to face contact during a pandemic. September 74, 2009 - 3 - HR-2009-05 Be Transparent Communication with employees, Council, Collective Bargaining Units and members of the public will be very important to aiding in the prevention and spread of the disease. Also communication with Regional Niagara Public Health officials will be paramount to receiving any early warnings of potential infections entering the Niagara Region. ANALYSIS/RATIONALE During apandemic/emergency breakout, employees and members of the public will look to City senior staff for leadership and protection. In order to address staff and community needs, the Corporation will need to have an effective Business Continuity Plan that will ensure staff/public safety. In addition, this plan will need to make certain essential services remain operational. Therefore, in effort to successfully implement a Business Continuity/Pandemic Plan, the City may be required to revise/alter some of it's Corporate workplace policies, procedures and guidelines. (See attached policies titled "HR Practices During a Pandemic") This will require consultation with various stakeholders including the City's labour unions. FINANCIAL /STAFFING IMPLICATIONS The 2009 Operating Budget does not have any specific provisions for the possible costs that may be incurred in the event of a full pandemic alert. Should future needs for additional equipment, supplies orotherexpenditures berequired, staffwill reporttoCouncil on these impacts. LIST OF ATTACHMENTS Please see the following Corporate Pandemic Policies and Divisional Business Continuity Programming Plan. Recommended by: Trent Dark, Di or of Human Resources Approved by: ~ ! ~ c~G~~~ K. E. Burden, Executive Director, Corporate Services Respectfully submitted: Ken To d, Chief Administrative Officer Date Effected Corporate Services September 14, 2009 Human Resources Practices Human Resources Last Revised During a Pandemic/Emer enc SECTION 400.39 POLICY STATEMENT: In the event a Municipal Pandemic is activated, or emergency is declared, or other major incident (i.e. strike), this policy will provide direction with the following Human Resource (HR) practices: Absences, sick leave, vacation, overtime, hours of work, redeployment of staff, work refusals, recruitment/job postings, and labour relations and grievances. PURPOSE: The purpose of this policy is to outline various HR practices in the event of a municipal pandemic or emergency crisis situation. DEFINITIONS: All-Hazards Emergency: Public Safety Canada recommends an all hazards approach to emergencies. It includes the creation of: 1) a basic plan that overviews the jurisdiction's emergency and response organizational policies; 2) distinguished actions to a plan that focus on specific emergency functions, such as health and medical services; and 3) hazard-specific appendices that address specific risks and disasters. Business Continuity: A management process that identifies potential impacts that threaten an organization. Business continuity planning also provides a framework for building resilience with the capability for an effective response that safeguards the interests of its key stakeholders. Emergency: Emergency means a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise. Infectious Disease Outbreak: Atype ofAll-Hazard Emergency where disease spreads rapidly and extensively by infection and affects many individuals in an area or a population at the same time. Major Incident: A situation which will seriously affect a Regional delivered service, an external agency, cause damage to infrastructure or have an impact on public health. Major incidents have the potential to become emergency events. Examples are water source contamination, construction failures and environmental incidents. Pandemic Influenza: Is a widespread influenza outbreak caused by a new virus (genetic shift of the influenza A virus) that people have not been exposed to before. It spreads rapidly worldwide and is more severe because people have no immunity to the new virus. Date Effected Corporate Services September 14, 2009 Human Resources Practices Human Resources Last Revised During a Pandemic/Emer en SECTION 400.39 Standard Practice: Process(es) that are in place across the Corporation, as per government legislation or collective agreements. PROCEDURES: The tables below describe various HR practices, and identify any changes to standard practice in the event of an emergency/pandemic outbreak. Changes to this policy may be made in extraordinary circumstances at the discretion of the appropriate Department Head (Executive Directors) and or Chief Administrative Officer. Leave of Absence (Excluding Bereavement, Maternity/Parental, Special Occurrence) Standard Practice Emergency/Pandemic Outbreak The supervisor or divisional director in In addition to the standard practice, consultation with Human Resources, may employees may be allowed to utilize grant to employees a leave of absence without vacation, lieu, or unpaid time to care pay for satisfactory reasons. for ill dependants within the employees immediate family. Requests in writing shall be made to the employees supervisor in advance. Approval will be based upon operational needs. Sick Leave (Durine Influenza Pandemic) Standard Practice Emergency/Pandemic Outbreak The standard practice is to follow procedures The Corporation reserves the right to noted in the Collective Agreement, as per request for absences of 3 days or more bargaining unit. medical clearance from a physician. Additional requests, forms and documentation may be required, subject to Ministry of Health/L,abour guidelines and or Public Health Guidelines (ie. Number of days symptom free prior to returning to work). 2 Date Effected Corporate Services September 14, 2009 Human Resources Practices Human Resources Last Revised During a Pandemic/Emer enc SECTION 400.39 Vacation Standard Practice Emergency/Pandemic Outbreak Employee vacation guidelines will follow Employees may be requested to post- procedures noted in the Collective Agreement, pone, cancel, or return from vacation as per bargaining unit. during an emergency/pandemic at the discretion of the director/executive Vacation approval for employees is subject to director, based upon operational needs. approval by the supervisor, and based on Guidelines for vacation carry over may operational requirements. be relaxed, as deemed necessary. Hours of Work & Overtime Standard Practice Emergency/Pandemic Outbreak Employees represented by a collective Any change to standard practices will bargaining unit will follow the guidelines be within applicable legislation. defined in the Collective Agreement. Exceptional circumstances may arise (emergencies, essential services, etc) which require an employee to work more hours than noted in Collective Agreements. Such circumstances, the employer may need to make changes in scheduling that are outside of the Collective Agreement(s), however, will endeavor to provide ample notice. Employment Standards Act (Sect 19) Redeployment & Transferring of Staff Standard Practice Emergency/Pandemic Outbreak The standard practice or redeploying staff or During an emergency or pandemic, transferring staff follows guidelines defined in employees may need to be redeployed the Collective Agreement(s). or transferred to ensure essential services are maintained as best as possible. Redeployment/transferring of staff will be based on positions within their risk and skill capability, and at the discretion of management, based upon operational needs. Under xceptional circumstances, the orporation may need to defer from tandard practices as defined in the ollective Agreement(s). Date Effected Corporate Services September 14, 2009 Human Resources Practices Human Resources Last Revised During a Pandemic/Emer enc SECTION 400.39 Work Refusals Standard Practice Emergency/Pandemic Outbreak The process for Work Refusals will follow Any change to standard practice will current practices as defined in the be within applicable legislation. Occupational Health & Safety Act WORK REFUSAL FLOWCHART Worker has reason to believe work likely to endanger himself or another person. WORKER Promptly reports circumstances to supervisor and remains in a safe place. SUPERVISOR Investigates forthwith in ~ AGREEMENT [he presence of a JHSC Worker Re .and the worker. a WORKER Remains in a safe location, pending investigation. WORKER May be assigned reasonable alternate work. DISAGREEMENT Worker continues to refuse EMPLOYER OR WORKER Notifies the MINISTRY OF LABOUR M.O.L. INSPECTOR Investigates in the presence of the worker, employer and JHSC Worker Re . INSPECTOR Gives decision in writing re: likely or no[ likely to endan er. RETURN TO WORK Another worker may be assigned to operate the equipment, machine or device pending the investigation, only if they have been informed of the refusal in the presence of JHSC Worker Rep. Date Effected Corporate Services September 14, 2009 Human Resources Practices Human Resources Last Revised During a Pandemic/Emer en Recruitment & Job Postings SECTION 400.39 Standard Practice Emergency/Pandemic Outbreak Employees are recruited according to the Regular recruitment and job postings Collective Agreements and Corporate may be deferred or suspended during Recruitment policy. and emergency and or pandemic. Under such circumstances, communication will be made to all Collective Bargaining units. REFERENCES: - CUPE Local 133 Collective Agreement - NFPFFA Collective Agreement - ATU Local 1582 Collective Agreement - Corporate Services Human Resources Policies & Guidelines - Employment Standards Act - Occupational Health & Safety Act - Emergency Management & Civil Proteotion Act - Ministry of Health & Long Term Care - Regional Niagara Public Health Department Date Effected Corporate Services September 14, 2009 Working From Home Human Resources Last Revised During a Pandemic SECTION 400.40 PURPOSE: During aPandemic/Emergency, the "Working From Home Policy" provides an opportunity for employees to perform their work away from the traditional office setting. The policy is intended to accommodate staff performing non emergency service duties with flexible work options on a short term basis. POLICY STATEMENT: The "Working From Home Policy" refers to anon-traditional work arrangement whereby an employee is scheduled to work from home to perform their full or partial duties by electronic means at an alternate, remote work site; typically, the employee's home. Working from home can be successfully implemented to meet business continuity needs and address emergency situations. Working from home is not intended to replace an employee's traditional working arrangement, rather, the implementation will be on acase-by-case basis, and or used during Emergency/Pandemic situations. The policy is aimed to assist with accommodating work during specific circumstances and on atime-limited basis, at the discretion of the Manager and divisional Director, and in consultation with the Executive Director. PROCEDURE: All "working from home", or alternate location decisions shall be made in a fair, equitable and transparent manner. Each request will be dealt with on a case-by-case basis, taking into consideration the feasibility and operational requirements of the employer, and the cost effectiveness of the arrangement. In addition, the employee(s) will have demonstrated satisfactory work habits and work performance prior to commencing any working from home arrangements. Working from home may be feasible for those employees whose work requires them to write, perform research or complete data analysis. However, if an employee is required to have extensive face-to-face contact with other employees, clients or the public, or requires frequent access to material and documents that cannot be removed from the designated workplace, the divisional Director will be required to determine the suitability of approving the employee to work form home. The employee's productivity will be measured in the same manner as if s/he were at his or her normal place of work. The Supervisor will ensure the employee is aware of the work schedule and the expected results and time lines. Date Effected Corporate Services September 14, 2009 Working From Home Human Resources Last Revised During a Pandemic SECTION 400.40 The employer will determine the hours of work at the beginning of the "Working From Home" arrangement. The employee will not be permitted to accumulate overtime or participate in flextime during this period. If the employee has not been issued a computer and/or Internet connection by the City, s/he will be responsible for utilizing their personal computer system and Internetconnectiontyhile working from home. The City of Niagara Falls will attempt to provide remote network access and technical support to employees that utilize their personal computer. However, the City will not be held accountable for any technical problems or costs that may occur while using a personal computer. Long-distance telephone charges resulting from the work at home arrangement will be subject to normal employer/employee approval procedures. The employer is responsible for supplying office supplies (paper, pens, etc.) required by the employee in performing his/her duties. NOTE: All terms and conditions of an Employee's employment contract, apply to working at home, only the place of work changes. PROCESS: For a single occurrence of one day or less, the request to have an Employee work from home (either by the Employee or Supervisor), will be directed to the immediate Supervisor/Manager and Director. Approval must be received from the Director (or Designate), prior to the Employee working from home. For requests of more than one occurrence (multiple days), the employee will direct their request to "work from home", in writing to their Supervisor. Such requests shall outline the reason for the request, the specific dates, duration of the arrangement and location at which s/he will be working. Such requests shall be reviewed by the Supervisor/Manager and divisional Director, in consultation with the Director of Human Resources. If approval is granted by all Parties, the Employee and the Supervisor will complete the "Working From Agreement", outlining the particulars of the arrangement (work being performed, expected results etc.). A copy of the Agreement shall be maintained in the Employee's personal employment file. The Employee will record the hours worked on his/her time sheet to ensure accurate records are maintained. 2