2010/05/10CORPORATE ,SERVICE S COMMITTEE AGENDA
MEETING
Monday, May 10, 2010
5:30 p.m.
City Hall, Committee Room #2A & B
1) Approval of the April 12, 2010 Corporate Services Minutes
2) REPORTS: STAFF CONTACT:
a) F- 2010 -31
Boys & Girls Club Request Todd Harrison
b) F- 2010 -30
Debentures Report Todd Harrison
c) F- 2010 -27
Quarterly Financial Report - as of March 31, 2010 Todd Harrison
d) F- 2010 -28
Financial Policies - Capital Asset Policies Todd Harrison
e) PD- 2010 -38
Request to Waive Fees for
Outdoor Cafes within Downtown CIP Alex Herlovitch
f) HR- 2010 -06
Workplace Violence & Harassment Prevention Trent Dark
g) TS- 2010 -27
On- Street Parking Space
Removal in Front of Former Capri Karl Dren
h) TS- 2010 -28
Niagara Falls Community Health Centre, Karl Dren
15- minute Parking Meter
3) NEW BUSINESS:
4) ADJOURNMENT:
PRESENT Chair Councillor Victor Pietrangelo -, Mayor Ted Salci, Councillors Jim
Diodati, Vince Kerrio, Bart Maves, Wayne Thomson, Janice Wing, Shirley
Fisher and Carolynn loannoni
STAFF:
GUEST
i
MINUTES OF CORPORATE SERVICES COMMITTEE MEETING
Third Meeting
Monday, April 12, 2010, Committee Room 2, 4:00 P.M.
1) MINUTES
Ken Todd, Ken Beaman, Jim Jessop, Geoff Holman, Alex Herlovitch,
Todd Harrison, Serge Felicetti, Dale Morton, Dean lorfida and Marianne
Tikky, Steno
Tina Elizabeth Slute, Heidi Werner, Janet Wilson, Sharon Galley,
Sheila Turcotte, John Turcotte, Kevin Harding, Joe Miezk, Dino Fazio,
Joyce Morocco - Winter Festival of Lights, Ed Bielawski
PRESS: Corey Larocque, Niagara Falls Review, Becky Day, Niagara This Week
MOVED on the motion of Councillor Maves, seconded by Mayor Salci that the
minutes of the February 22, 2010 meeting be approved
Motion Carried
Action Recommendation submitted to Council April 12, 2010
2) REPORTS:
a) F- 2010 -18 2010
Water & Sewer Volumetric Rates
MOVED on the motion of Councillor loannoni and seconded by Councillor Maves,
,
1 That Council approve the 2010 Water and Sewer Volumetric Rates and Fixed
Service Charges and all other rates and fees as outlined in Appendix "A"
2. That Council approve staff's participation with Regional staff and staff members of
other local municipalities to review the methodology for establishing water and
wastewater rates for 2011 and beyond
3 That Council direct staff to review the billing process including the relationship with
Niagara Peninsula Energy Inc. and to develop an alternate account structure for
Council's consideration once the Regional review is completed
Motion Carried
Action Recommendation submitted to Council April 12, 2010
b) CAO- 2010 -04
Winter Festival of Lights
Line of Credit
-2-
MOVED on the motion of Councillor Thomson and seconded by Councillor Maves,
1 That Council approve the credit guarantee for the Winter Festival of Lights for
$400,000, subject to staff being satisfied with the WFOL financials
2 That the City's credit guarantee only be utilized after the WFOL's $100,000 line
of credit has been fully utilized
3. That an annual review of the WFOL financial situation take place prior to
Council's approval of future grants to the festival
4 That WFOL provide monthly financial statements to the City during the period of
time that the City is the credit guarantor
5 That the annual credit guarantee amount be reduced annually in keeping with
the WFOL improved financial situation
6 That the City pay down the debt $100,000 annually, through a reduction in the
WFOL grant, commencing in 2011.
Motion Carried
Opposed Councillor loannoni
Action Recommendation submitted to Council April 12, 2010
3) ADJOURNMENT
MOVED by Mayor Salci, seconded by Councillor Maves that the Corporate
Services Committee be adjourned at 5 58 p m
Motion. Carried
/!� F- 2010 -31
Niagara.Falls May 10, 2010
REPORT TO: Councillor Victor Pietrangelo, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
SUBMITTED BY: Finance Department
SUBJECT: F- 2010 -31
Boys & Girls Club Request
RECOMMENDATION
1. That Council deny the request to waive the City's portion of Development Charges.
2. That the City's contribution of $2,000,000 towards the Boys and Girls Club's new facility
be debentured in 2010
3. That Council direst staff to register a lien on the property for the City's contribution to
the facility. tz■il - 1ha lerwt be ne jo ro_4ect. 4.)z-l &r s
EXECUTIVE SUMMARY
The Boys and Girls Club has started to construct their new facility Council had previously
approved $2,000,000 toward the $12 million construction cost. The group has requested
that the funds be provided in 2010 to assist the cash flow during construction. In addition,
the group has requested that Council waive the Development Charges on the project.
The 2009 Development Charges By -law requires that the municipality charge the
Development Charges as outlined and cannot waive the fees. While Council cannot waive
fees, there may be consideration in funding the City's portion of the Development
Charges. A series of funding options has been outlined in this report for Council's
consideration
BACKGROUND
The Boys and Girls Club have secured funding from both the Federal and Provincial
Governments to finance a new building costed at $12 million. The City is a contributor of
$2 million toward the cost. This contribution is identified in the City's 2010 approved
Capital Budget. The source of funding for this contribution is debenture funding, with the
debenture scheduled for 2011. However, the group has requested funding in 2010 to
assist in the cash flow of the project during construction
FINANCIAL IMPLICATIONS
The Development Charges must be collected from the Boys and Girls Club for this project.
The estimated Development Charges is $159,000. Staff believes this cost should be borne
by the Boys and Girls Club, however, if Council chooses to assist the Boys and Girls Club,
there are four optionsi available
May 10, 2010 - 2 - F- 2010 -31
a) Add $159,000 to the debenture and issue debentures $2,159,000 for the project;
b) Reduce the commitment to the Boys and Girls Club through cash flow by $159,000
and fund the Development Charges reserve with the difference;
c) Increase the 2010 tax levy by $159,000 and fund Development Charges reserve
This will require an amendment to report F- 2010 -21 on tonight's agenda,
d) Use reserves to offset $159,000
The City's normal practice is to provide debenture financing at the completion of the
project; however, the Boys and Girls Club has requested that funding be provided in 2010.
Since this funding request is a contribution to a non -City facility, staff believes that the
debentures should be issued in conjunction with the advancement of funds. If Council
chooses this option then the additional amount will be debentured in 2011.
The City's $2 million contribution is unlike the construction of a City owned facility in that
the City is providing funding to the Boys and Girls Club for the delivery of services to the
residents of the City However, if in the future, the Boys and Girls Club chooses for
whatever reason to cease providing those services and dispose of the buillding, the City's
contribution should be protected. Since the expected life of the building is 40 years, it is
staffs opinion that the lien should be 40 years and reduced annually over this period of
time The lien should be established prior to the payment of the City's contribution
Recommended by:
Respectfully submitted:
TH /Iw
4 6e-Ce174— To dd Hiarrjson, Dior Qf Financial Services
I
Ken Tbdd, Chief Administrative Officer
F- 2010 -30
Niagara& May 10, 2010
REPORT TO: Councillor Victor Pietrangelo, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
SUBMITTED BY: Finance Department
SUBJECT: F-2010-30
2010 Debenture Issue
RECOMMENDATION
That the Council request the Region of Niagara to issue debentures on behalf of the City
of Niagara Falls totaling $17-967891 ! 3, 4 ss, 991 .
EXECUTIVE SUMMARY
The Municipal Act requires that the City of Niagara Falls issue long term debt through the
Region of Niagara. The Region has undertaken its annual debenture issue and has
requested the City submit our annual debenture requirements The amount required is
$3,796,891 for the final funding of the Bridge Street Storm Separation project and the
City's contribution to the Boys and Girls Club project.
BACKGROUND
The City, as a lower tier municipality, cannot issue its own debentures but rather requests
the Region of Niagara to issue the debt on behalf of the City The Region of Niagara is
preparing its debt issue for July 2010 and requires the debenture request from Council.
ANALYSIS /RATIONALE
The City has one capital works project that is completed and requires funding This project
was identified in the approved Capital Budget for 2009 and 2010 as requiring debenture
financing. The amount required is $1,796,891 and is shown in the attached listing of
projects
The City has received a request from the Boys and Girls Club to provide the City's share
of the funding for the construction of a new facility previously approved by Council The
funding was originally identified to be provided to the Boys and Girls Club in 2011
However, the project funding has been requested earlier and staff believe the debenture
should be issued in 2010
FINANCIAUSTAFFING /LEGAL IMPLICATIONS
The issuance of debt will impact operating expenditures in the 2011 budgets The
repayment of the Bridge Street Storm Separation project will be expensed in the Municipal
Utility Budget. The debt issue will be for a period of 10 years with an estimate interest rate
of 5% The interest expense will be determined at the time of debt issuance
May 10, 2010
The issuance of debt will impact operating expenditures in the 2011 budgets. The
repayment of the Boys and Girls Club project will be expensed in the General Purposes
Budget. The debt issue will be for a period of 10 years with an estimate interest rate of
5% The interest expense will be determined at the time of debt issuance
In the 2010 Capital Budget summary, the five -year debenture plan was included. Two debt
issues were identified in addition to Bridge Street Storm Separation project. These projects
were Bob Gale Four -Pad Arena Complex and the Patrick Cummings Memorial Sports
Complex.
The long term debt issuance for the Bob Gale Four -Pad Arena Complex will be a separate
report later this year when the City's short term financing arrangement expires, while the
Patrick Cummings Memorial Sports Complex is not completed at present. As a result, final
costs have not been determined, consequently the debt issue will be delayed until 2011
Traditionally, staff debenture capital projects once the project and full costs are known
LIST OF ATTACHMENTS
2010 Debentures - List of Projects
Recommended by:
Respectfully submitted:
TH /Iw
- 2 - F- 2010 -30
Todd Harrison,, Director Financial Services
Ken Todd, Chief Administrative Officer
May 10, 2010
2010 Debentures
- 3 - F- 2010 -30
Capital Project Financing Request
Bridge Street Storm Separation $1,796,891
Boys and Girls Club 2,000,000
Total $3,796,891
F- 2010 -27
NiagaraFalls May 10, 2010
REPORT TO: Councillor Victor Pietrangelo, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
SUBMITTED BY: Finance Department
SUBJECT: F- 2010 -27
Quarterly Operating Results - 1 Quarter ending
March 31, 2010
RECOMMENDATION
1. That Council receive the report for information purposes,
2 That Council make adjustments to the 2010 General Purposes Budget for spending
decisions made after approval of budget.
EXECUTIVE SUMMARY
The City of Niagara Falls 2010 General Purposes Budget was approved March 8, 2010.
Staff is providing this report to update Council of the financial results to date. The financial
results in the first quarter are consistent with expectations.
Council has approved a series of adjustments to the 2010 General Purposes Budget. Staff
has outlined these adjustments and requires Council's direction prior to finalizing the 2010
Tax Levy.
BACKGROUND
During 2009, Council received quarterly updates on the financial results of the City. This
process will continue during 2010. Attached is a summary of actual expenditures and
revenues for the first quarter of 2010 ending March 31, 2010. The information has been
provided for the 2010 General Purposes Budget.
ANALYSIS /RATIONALE
The financial statements for the three month period ending March 31, 2010 have been
reviewed by the responsible divisional directors, the Director of Finance and the C.A.O
Based on this review, there are no extraordinary issues that have been identified for
Council's consideration However, Council has approved reports since the approval of the
budget which have increased spending and /or revenues
May 10, 2010
FINANCIAL IMPLICATIONS
Council has approved 2010 General Purposes Budget expenditures of $91 million As
required by the Municipal Act, the budget is balanced However, the following summary
identifies a series of increased expenditures. In some cases, a revenue stream exists
while in others, the revenue is not identified and requires Council direction
Fort Erie Bus Agreement
Refund of Fire Alarm Charges 2009
Elimination of 2010 Charges for Fire Alarms
Increase in Niagara Falls Humane Society funding
LIST OF ATTACHMENTS
- 2 - F- 2010 -27
Revenue
Impact
$86,000
(85,000)
$1,000
Expenditure
Impact
$86,000
35,000
25,000
$146,000
As this chart shows, the City's expenditure must be increased by $146,000, while the
revenue can be adjusted by $1,000 The net impact or funding deficit is $145,000 The
funding deficit can be funded from one of two sources, an increase in the 2010 tax levy or
the use of reserves. At the time that additional expenditures were made, Council moved
that the interest earned on the reserve fund established from the sale of the Montrose
Road property be used The interest income would be sufficient to offset the net funding
deficit. This alternative is a one year resolution and will impact the 2011 budget.
Alternatively, Council can add the difference to the 2010 tax levy. The increase in
expenditures would result in an estimated 0.3625% increase in the City's tax rate. This
alternative would not have to be considered in the 2011 budget as the increased revenues
are included in the starting levy for 2011
Summary of Revenue and Expense - Actual versus Budget as at March 31, 2010
Recommended by:
Todd Harri4on, Director of financial Services
Respectfully submitted: I
Ken Todd( Chief Administrative Officer
TH /Iw
CITY OF NIAGARA FALLS
2010 GENERAL PURPOSES BUDGET
SUMMARY OF REVENUE AND EXPENSE 2010 2010
ACUTAL VS. BUDGET ACTUALS BUDGET
March 31, 2010 as at March 31, 2010 PROJECTED
$ VARIANCE
REVENUES
TAXATION CITY GENERAL & URBAN SERVICE 25,618,437 46,733,919 21,115,482
TAXATION WASTE MANAGEMENT 3,660,847 6,731,192 3,070,345
TAXATION OTHER CHARGES 1,239,354 34,000 (1,205,354)
PAYMENT IN LIEU OF TAXATION 3,612,660 10,068,947 6,456,287
GRANTS 679,348 3,041,500 2,362,152
LICENCES 72,290 430,000 357,710
PERMITS 294,112 1,724,861 1,430,749
RENTS 12,316 111,468 99,152
SERVICE CHARGES 7,200 25,000 17,800
USER FEES 1,301,996 6,249,446 4,947,450
CONCESSIONS 72,022 134,000 61,978
FINES 130,436 713,000 582,564
PENALTIES AND INTEREST 655,457 2,500,000 1,844,543
INVESTMENT INCOME 420,970 1,815,000 1,394,030
DONATIONS 13,307 21,000 7,693
SALES 822,845 1,142,717 319,872
OTHER REVENUE 809,657 3,546,024 2,736,367
INTERNAL TRANSFERS 583,446 3,576,430 2,992,984
TRANSFERS FROM RESERVES, RESERVE FUNDS 108,468 2,140,563 2,032,095
TOTAL REVENUES 40,115,168 90,739,067 50,623,899
EXPENSES
SALARIES AND WAGES 9,094,966 36,786,643 27,691,677
EMPLOYEE BENEFITS 2,395,622 8,827,574 6,431,952
LONG TERM DEBT PAYMENTS 892,223 4,616,462 3,724,239
MATERIALS AND SERVICES 2,104,212 13,136,500 11,032,288
CONTRACT SERVICES 621,081 10,329,932 9,708,851
RENTS AND FINANCIAL 135,595 383,850 248,255
TRANSFERS TO BOARDS, AGENCIES, COMMISSIONS 2,047,181 6,543,633 4,496,452
TRANSFERS TO CAPITAL 4,449,265 4,449,265
TRANSFERS TO RESERVES, RESERVE FUNDS 2,228 2,269,067 2,266,839
INTERNAL TRANSFERS 529,358 3,396,141 2,866,783
TOTAL EXPENSES 17,822,466 90,739,067 72,916,601
REVENUES LESS EXPENSES 22,292,702 (22,292,702)
REPORT TO: Councillor Victor Pietrangelo, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
SUBMITTED BY: Finance Department
SUBJECT: F- 2010 -28
Financial Policies - Capital Asset Policies
RECOMMENDATION
That Council approve the Capital Asset Policy as attached.
EXECUTIVE SUMMARY
BACKGROUND
FINANCIAL IMPLICATIONS
F- 2010 -28
Niagaraj7alls May 10, 2010
The Public Sector Accounting Boards (PSAB) determines the accounting standards that
a public sector entity, like a municipality, must operate A major change has occurred in
these standards with the development of PSAB (3150) This regulation provided
municipalities with a series of standards that must be followed in reporting their Capital
Assets.
The attached Capital Asset Policy is the culmination of the efforts staff has taken to comply
with the PSAB regulations. The 2009 Audited Financial Statements, when completed, will
provide the City's reporting under these new rules.
The Capital Asset Policy has been developed over the last three years. Staff throughout
the organization led by staff from Finance and Municipal Works have compiled an
inventory listing for all the City of Niagara Fall's tangible capital assets. Tangible capital
assets include roads, bridges, water, sewer and storm systems, equipment, vehicles,
buildings and land The City's assets will be included in the 2009 Audited Financial
Statements.
The 2009 Financial Statements and future budgets will be completed using the new
standards. It is believed that this change, in reporting, will provide Council and staff with
better information to make Capital Asset Management decisions
Tangible asset data, including amortization, will be reported in the annual financial
statements as well in the Financial Information Return Moving forward, all asset - related
activity must continue to be tracked and recorded including all disposals, additions and
betterments.
May 10, 2010
PSAB (3150) requires that beginning of the 2009 fiscal year, municipalities report on the
net book value of all their tangible capital assets with comparative figures for the previous
year This policy will set in place parameters and guidance under which staff will uniformly
apply the accounting for the City of Niagara Falls tangible capital assets. Using defined
processes and procedures will facilitate accurate, reliable records.
During the presentation of the 2009 Audited Financial Statements, staff and its auditors will
identify the impacts on the financial statements and the impacts for the future.
LIST OF ATTACHMENTS
Tangible Capital Asset Policy
Recommended by:
Respectfully submitted:
- 2 - F- 2010 -28
Todd Harr(son. Di ector of Financial Services
Ken Todd, Chief Administrative Officer
DEPARTMENT:
CORPORATE SERVICES
FINANCE
DATE EFFECTED PROCEDURE:
May 10, 2010
DATE OF REVISION
TANGIBLE CAPITAL ASSET ACCOUNTING POLICY:
Tangible Capital Asset
Accounting Policy
Section 700.36
1. GENERAL:
The purpose of the Tangible Capital Asset Accounting Policy (TCA) is to provide details of the
accounting and financial reporting requirements for tangible capital assets in accordance with the
Canadian Institute of Chartered Accountants Public Sector Accounting Board Handbook section
PS3150 Tangible Capital Assets
Typically referred to as "fixed assets" in accounting literature, tangible capital assets are a significant
economic resource managed by the City and a key component in the delivery of programs and
services. Tangible capital assets can include such diverse items as roads, bndges, water and sewer
systems, buildings, vehicles, equipment, land, computer hardware, leasehold improvements, and
capital assets acquired by capital lease or through donation.
The Canadian Institute of Chartered Accountants Public Sector Accounting Board Handbook section
PS3150 Tangible Capital Assets defines tangible capital assets as non - financial assets with physical
substance that:
1 are held for use in the production or supply of goods and services, for rental to others, for
administrative purposes or for the development, construction, maintenance or repair of
other tangible capital assets;
2. have useful economic lives extending beyond an accounting period;
3. are to be used on a continuing basis; and
4. are not for sale in the ordinary course of operations.
2. GOALS AND OBJECTIVES OF THE POLICY:
In addition to meeting the CICA PSAB requirements, this policy will aid in the achievement of the
main goals as follows:
• Compliance with PSAB requirements to establish and maintain asset accounting records.
• Consistent accounting treatment of assets and related expenditures;
• Understanding of required asset accounting processes by all stakeholders to ensure TCA's
are recorded completely, appropnately and accurately, and managed efficiently
• Risk and liability are managed and due diligence in infrastructure stewardship is
demonstrated.
• More comprehensive communication with citizens, rate payers, elected officials, financial -
rating organizations and regulatory agencies.
• Accountability;
DEPARTMENT:
CORPORATE SERVICES
FINANCE
More effective asset management practices;
Fiscal responsibility;
Provide information to support measurement of cost of service; and improved information
to support long -term planning;
Ensure integrity of the asset values used for insurance purposes and risk management;
• Help ensure assets are being properly maintained to meet Health and Safety requirements.
3. POLICY APPLICATION:
This policy applies to all Departments of the City and is to be applied consistently from year to year
This policy all applies to all entities, subject to consolidation into the City's Financial Statements.
4. POLICY INCLUSIONS:
5. POLICY EXCLUSIONS:
DATE EFFECTED
May 10, 2010
DATE OF REVISION
The following assets are excluded from the TCA Policy:
Assets listed for sale if the following conditions are met:
• The City has made a commitment to sell the asset
The asset is in a condition to be sold
The asset is publicly seen to be for sale
There is an active market for the asset
There is a plan for selling the asset
PROCEDURE:
Tangible Capital Asset
Accounting Policy
Section 700.36 (page 2)
This policy applies equally to Tangible Capital Assets purchased, acquired, constructed or donated.
Intangibles including copyrights, trademarks, patents, easements, goodwill and rights of way;
DEPARTMENT:
CORPORATE SERVICES
FINANCE
DATE EFFECTED
May 10, 2010
DATE OF REVISION
PROCEDURE:
Tangible Capital Asset
Accounting Policy
Section 700.36 (page 3)
6. WHEN TO ACCOUNT FOR TANGIBLE CAPITAL ASSETS:
A tangible capital asset should be accounted for and recognized in the City's financial records when:
.It is probable that future benefits associated with the tangible capital asset will be obtained, and,
.There is an appropriate basis of measurement and a reasonable estimate of the value of the asset can
be made.
For assets such as vehicles, equipment and land, the acquisition date will be when legal ownership
of the asset is obtained by the City
For assets such as infrastructure additions or improvements, the asset will be capitalized when the
asset has been put into service AND when all work is complete and all costs have been determined.
7. ACCOUNT FOR DEPRECIABLE TANGIBLE CAPITAL ASSETS:
In keeping with PSAB section 3150, assets will be recorded at their actual historical cost or an
estimated historical cost if the actual cost cannot be determined. Estimated histoncal cost is based
on current cost which has been deflated back to the year the asset was acquired or placed in service,
using the appropriate price deflator These costs, less any residual value, will be amortized over the
remaining useful life of the assets. Annual amortization does not represent a cash outflow but rather
an allocation of cost over multiple fiscal penods as a proxy for the degree to which assets are
consumed in a given year.
8. ACCOUNT FOR NON - DEPRECIABLE PROPERTY:
Land is considered to have an infinite useful life and therefore land costs will not be amortized.
Precise histoncal cost for much of the City's land is no longer available and estimating historical cost
based on current market values would be time consuming and highly subjective. Therefore in order
to avoid overestimating the cost of land owned by the City, each parcel of land, except where the
actual historical cost is known, will be earned on the Balance Sheet at a nominal SI.
9. OVERHEAD COSTS:
As a general rule, only overhead costs directly attributable to the construction or development of an
asset will be included in the capital cost.
DEPARTMENT: DATE EFFECTED
CORPORATE SERVICES May 10, 2010
FINANCE
DATE OF REVISION
PROCEDURE:
Tangible Capital Asset
Accounting Policy
Section 700.36 (page 4)
10. WORK IN PROGRESS:
Costs incurred prior to or during construction of a tangible capital asset, will be accumulated as
Work -In- Progress until the work or project is complete. Examples of preconstruction costs are
feasibility studies, engineering specifications, environmental assessments and site survey.
11. DONATED AND CONTRIBUTED ASSETS:
A TCA may be donated or contributed by an external party with no cash outlay by the City, such as
a senior level of government or a developer These asset types include assumed subdivision's
infrastructure, gifts or donation of real property. Subdivision infrastructure will be capitalized using
the contractor's cost as approved by City staff. Donated Real Property will be valued at Fair Market
Value when assumed.
12. CAPITALIZED LEASES:
The following criteria are generally accepted as determining whether a lease is a capital lease or an
operating lease. A lease is considered a capital lease when one of more of the following cntena
apply.
1. There is reasonable assurance that ownership of the asset will transfer at the end of the lease.
2, The lessee receives substantially all of the benefit from the asset over its useful life.
3 The lessor recovers the cost of the leased asset and earns a return on its investment.
Capital leases will be amortized over the life of the lease on a straight line basis.
13. ASSET CLASSES AND SUBCLASSES (CATEGORIES):
All tangible capital assets have been classified as being either General Capital or Infrastructure
Assets. General Capital includes the following asset types,
1 Vehicles
2. Equipment
3. Land
4. Buildings
Infrastructure Assets include the following asset types.
1 Environmental (Maintenance holes, storm and wastewater assets)
2. Roads (Bridges /culverts, curbs, road base /sub - base /top, sidewalks, street lights, traffic signs
and signals)
3 Water (Hydrants, water service /mains /valves and meters)
DEPARTMENT:
CORPORATE SERVICES
FINANCE
DATE EFFECTED
May 10, 2010
DATE OF REVISION
PROCEDURE:
Tangible Capital Asset
Accounting Policy
Section 700.36 (page 5)
14. CAPITALIZATION THRESHOLDS:
For single assets, costs in excess of $5,000 will be capitalized. The threshold level for pooled assets
will be $50,000.
15. POOLING OF ASSETS:
Assets can be pooled when they cannot be identified individually and/or when their individual cost
is less than $5,000, if the aggregate value of all similar assets is greater than the threshold amount.
A pooled group of assets would be treated as a single asset for purposes of amortization.
16. USEFUL LIFE OF AN ASSET:
The following table shows useful life by type of asset. The useful life have been shown as a range
which is consistent with accounting standards. The useful life of each asset addition will be
determined at the time of inclusion.
Fire vehicles (depending on type of vehicle) 10 -20 years
Transit vehicles (depending on what type of vehicle) 6 -25 years
Fleet vehicles (depending on what type of vehicle) 8 -25 years
PRC Equipment 10 years
Parking asphalt 10 -20 years
Various Fleet equipment 12 -25 years
Storm Laterals 75 years
Storm water management ponds 50 years
Storm sewers 80 years
Catch basin 80 years
Catch basin Lead 80 years
Maintenance hole 80 years
Waster Water sewer 100 years
Waste Water facilities (depending on type) 30 -50 years.
Waste Water lateral 75 years
Waster Water maintenance hole 80 years
Water facility 20 years
Hydrants 75 years
Water mains 100 years
Water service 75 years
Water valves (depending on type) 60 -75 years
Water service meters 15 years
Water service meter chambers 50 years
DEPARTMENT: DATE EFFECTED
CORPORATE SERVICES May 10, 2010
FINANCE
19. REMOVALS FROM SERVICE:
DATE OF REVISION
17. BETTERMENT VS REPAIR AND MAINTENANCE:
18. DISPOSAL /TRANSFER/EXCHANGE:
PROCEDURE:
Tangible Capital Asset
Accounting Policy
Section 700.36 (page 6)
Useful Life of an Asset cont'd
Sidewalks 40 years
Curbs 40 years
Street Lights 30 years
Traffic signals 25 years
Traffic signs 10 years
Bridges (structure) 80 years
Bridges (deck) 25 years
Culverts (depending on size and type) 50 -80 years
Road base 50 years
Road sub -base 75 years
Road top 25 years
Buildings 15 -100 years
As a general principle, any costs incurred to extend the useful life of an asset or increase it's
productivity, should be considered a Betterment and those costs should be capitalized. Costs which
do not meet this cntena, should be considered repairs and maintenance and expensed in the period
in which they were incurred. Each asset category will have a threshold amount based on matenality.
Threshold levels will be determined in accordance with auditors.
Upon disposal, transfer or exchange of any TCA, gains or losses will be calculated based on
unamortized balances if any.
Assets which are still owned by the City but are no longer in service, will continue to be amortized
unless a permanent impairment is recognized.
DEPARTMENT: DATE EFFECTED
CORPORATE SERVICES May 10, 2010
FINANCE
A write -down cannot be reversed.
DATE OF REVISION
PROCEDURE:
Tangible Capital Asset
Accounting Policy
20. WRITE- DOWN /WRITE -OFF:
Circumstances under which assets will be written down or written off will be determined in
accordance with auditors.
Section 700.36 (page 7)
A write -down is used to reflect a partial or full impairment in the value of a tangible capital asset.
The carrying value of a tangible capital asset should be wntten down if it can no longer contribute
to the City's ability to provide service at the previously anticipated level and the impairment is
permanent in nature.
If there is a permanent impairment to a tangible capital asset's service potential, the amount of a write -down
should be recorded as an expense in the period, whether the impairment is partial or complete.
Conditions that indicate that the service potential to be derived from a tangible capital asset has
diminished and a write -down may be required include:
A change in the extent to which the tangible capital asset is used;
A change in the manner in which the tangible capital asset is used,
Significant technological developments,
Physical damage;
A decline in, or cessation of, the need for the services provided by the tangible capital asset;
A decision to halt construction of the tangible capital asset before it is complete or in usable
or saleable condition, and
A change in the law or environment affecting the extent to which the tangible capital asset
can be used.
A write -down of the cost of a tangible capital asset would be necessary when it can be demonstrated
that the impairment of the tangible capital asset's service potential is permanent in nature, and a
reasonable estimate of the amount can be made.
The rationale supporting the decision to write -down a tangible capital asset must be documented.
NiagaraFalls
REPORT TO: Councillor Victor Pietrangelo, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
SUBMITTED BY: Planning & Development
SUBJECT: PD- 2010 -38
Request to Waive Fees for Sidewalk Cafes within the
Downtown Community Improvement Plan Area
RECOMMENDATION
EXECUTIVE SUMMARY
BACKGROUND
PD- 2010 -38
May 10, 2010
1 That staff investigate an appropriate rate per square metre to be charged for
Sidewalk Cafes and report back to Committee and Council prior to 2011
2 That the application fee of $500 00 become a one time fee
3 That due to the disruption of infrastructure and road work along Queen Street this
year, that the annual charge for sidewalk cafes be waived for 2010
4 That a permit system be implemented for sidewalk cafes and that Council delegate
authority to staff to issue permits
The City's Downtown has experienced considerable disruption this spring as a result of the
infrastructure work being carried out. The request for the waiver of fees for sidewalk cafes
in the Downtown for 2010 is being recommended through this report. It is also
recommended that the merits of a different rental rate be researched for sidewalk cafes
within CIP areas versus those within non CIP areas and this information be presented to
the Committee and Council before the end of the year This report-further recommends
streamlining the current way in which the City does business by issuing permits rather than
agreements and having one initial processing fee of $500 00 for all sidewalk cafes rather
than requesting the fee initially and every 5 years
The City received a request from the Downtown BIA for Council to consider the waiver of
costs for sidewalk patios in 2010 They also requested a re- evaluation of the fees for
upcoming years and suggested a pro -rated fee based on traffic A summary of current and
proposed sidewalk cafes in the Downtown, is attached as Appendix 1
May 10, 2010
The current process for the approval of sidewalk cafes is for the owner to apply through
the Planning Division with a plan of the proposed cafe and a $500.00 processing fee
Following circulation to various Divisions, Planning provides a report to Council for
approval Once approved a further $500 00 fee is charged to prepare the necessary legal
agreement to occupy the sidewalk. The approval requires the payment of a fee for the
lease of the City's sidewalk and proof of insurance The current lease rate of $25 00 per
square metre of sidewalk cafe applies throughout the City This rate was established a
number of years ago through a review by Legal staff of what other City's were charging for
their sidewalk cafes.
The City's two CIP areas of Downtown and Historic Drummondville have experienced
physical and economic decline over the years The City has developed specific financial
incentive programs for these areas in order to stimulate private sector investment and
redevelopment. We are at a stage where there are positive signs of improvement.
However, a number of existing and newer businesses remain in a fragile state and further
assistance, such as through the waiver of the lease fee for 2010, and study of the current
lease rate, will go a long way in reassuring the businesses that the City recognizes their
challenges and would like to see them be successful.
ANALYSIS /RATIONALE
- 2 - PD- 2010 -38
Currently a $500 00 processing fee is collected at the time of application and applies to a
five year term This fee is collected again after five years and the renewal is treated as if
it were a new application This fee is intended to cover the expense of staff time to process
the application. It is being recommended that this fee be a one time fee and it apply to all
sidewalk cafes throughout the City
The current annual leasing fee is based upon $25.00 per square metre for all sidewalk
cafes in the City Due to the construction disruption that has occurred along Queen Street
this spring considerable levels of dust and noise has precluded the full use and enjoyment
of sidewalk cafes Work is expected to continue in the fall with sidewalk replacement
which will force the cafes to vacate the sidewalk. Given the disruption and shortened
operating season consideration for relief seems reasonable
Further research into fair and reasonable lease rates for cafes in CIP areas would also be
an appropriate step, noting the foot traffic is considerably less in these areas as opposed
to many tourist districts Staff will also investigate rates of other municipalities to ensure
Niagara Falls is reflective of current conditions.
Each sidewalk cafe application requires the owner or tenant to enter into an agreement
with the City. This is somewhat of an onerous task. It is recommended that a permit
system be implemented and renewals can automatically occur upon the request of the
operator as long as he demonstrates that there is no change in the size of the sidewalk
cafe, appropriate insurance is provided and the annual lease fee is paid If there is a new
tenant, the permit would be transferrable on the same basis However, for all sidewalk
cafe applications it will be required that the owner signs the application as well as the
tenant. The issuance of permits should be a delegated authority to staff as a matter of
routine protocol.
May 10, 2010
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
There will be some financial implications as a result of approval of the recommendations
of this report. Firstly, there will be some lost revenue to the Corporation from the Downtown
sidewalk cafes this year of approximately $5,700 There will not be loss of the initial $500
processing fee per new application However, it is recommended that this be a one time
fee throughout the City rather than renewing this charge every 5 years Staff will also be
investigating the annual rental fee per square metres of sidewalk cafe space and will report
the financial implications, if any, to Council at the end of the study
CITY'S STRATEGIC COMMITMENT
Sidewalk cafes are popular additions to restaurants throughout the City The City has seen
the development of 7 new sidewalk cafes in the Downtown over the past year There is a
desire to transform the Downtown into a people place with more venues providing food and
entertainment outdoors The transformation of the Downtown is gaining momentum and
the approval of the recommendations in this report will assist in the continued rejuvenation
of Downtown
LIST OF ATTACHMENTS
► Appendix 1 - Summary of Sidewalk Cafes in the Downtown
Recommended by: 4 /J4 jjy(J
Alex Herlovitch, Director of Planning & Development
Respectfully submitted:
B.Bolibruck
Attach
- 3 - PD- 2010 -38
.4.A,4,)(
S: \PDR \2010 \PD - 2010 -38, Request to Waive Fees for Downtown Outdoor Patios.wpd
Ken Todd, Chief Administrative Officer
No Cafe
1 Balzacs
2 Paris Crepe
3 Mide Bistro
4 Queen Restaurant
5 That's Amore Pizzeria
6 Cocoa Bean
7 Buttery
8 Daily Planet
9 Edwin's*
Under Review
S \SIDEWALK CAFE\2010\DOWNTOWN CAFE XLS
Sidewalk Cafes Operating In Downtown
Address
4388Ontario Street
4613 Queen Street
4337 Queen Street
4317 Queen Street
4572 Queen Street
4410 Queen Street
4437 Queen Street
4573 Queen Street
4618 Erie Avenue
Area (sq.metres) Licence Fee
21 3
19 23
184
143
38 1
33 77
22.23
84 07
24 86
$532.50
$480 75
$460 00
$357 50
$952.50
$844 25
$555 75
$2,101 75
$621 50
Notes
1 Land Lease Fee is paid annually and is calculated at rate of $25 00 per square metre
2. The Sidewalk Cafe Application fee is $500 00 which is collected every five years
(term of the licence is 5 years)
Niagaraj1alls
REPORT TO: Councillor Victor Pietrangelo, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
SUBMITTED BY: Corporate Services, Human Resources
HR-2010-06
May 10, 2010
SUBJECT: HR- 2010 -06
Workplace Violence Prevention Policy & Program; and
Respect in the Workplace (Harassment Prevention Policy)
RECOMMENDATION
That Council approve the new Workplace Violence Prevention Policy & Program and, the
Respect in the Workplace (Harassment Prevention Policy)
EXECUTIVE SUMMARY
In December 2009, Bill 168 (an Act to amend the Occupational Health & Safety Act with
respect to violence and harassment in the workplace), received Royal Assent from the
Ontario Provincial Government. The new legislation will help further protect workers from
violence and harassment in the workplace Bill 168 will become effective in Ontario as of
June 15, 2010
ANALYSIS /RATIONALE
Both workplace violence and harassment can have tremendous consequences for society,
workers and their families They can also lead to increased costs for employers, increased
absenteeism from work, and lower productivity In 2004, Statistics Canada reported that
17% of violent incidents in Canada, occur at the workplace This represents approximately
356,000 incidents of workplace violence within a twelve (12) month period across Canada
CITY'S STRATEGIC COMMITMENT
Implementation of the attached policies will ensure the City of Niagara Falls is compliant
with the Ministry of Labour's requirements for Bill 168 as well as ensure that employees
continue to be protected from violence /harassment occurring within the workplace
FINANCIAL / STAFFING IMPLICATIONS
Bill 168 requires employers to provide training and information for employees on violence
and harassment prevention, as well as on the City's Corporate Policy(s) Training for Bill
168 will be coordinated through in -class training sessions and, a customized video
production The estimated cost for training is approximately $10,000 and is accounted for
in the 2010 HR budget.
May 10, 2010
SUMMARY CONCLUSION
- 2 - HR- 2010 -06
Through implementing the Workplace Violence Prevention Policy & Program and, the
Respect in the Workplace (Harassment Prevention Policy), the City will be ensuring it is
taking appropriate measures in protecting all workers from violence and harassment in the
workplace Further, these policies will also demonstrate the City's continued efforts in
establishing a culture of health, safety and well -being for all employees and visitors to City
facilities
Recommended by:
Respectfully submitted:
Trent Dark, Direct ¢r of Human Resources
Ken Todd, Chief Administrative Officer
INia g a raJ'aI1 s
CORPORATE ISSUE DATE
POLICY
4. DEFINITIONS
CORPORATE SERVICES: Human Resources Division
SUBJECT
4.1 "Workplace Violence"
As per the Occupational Health and Safety Act means,
3
Workplace Violence
Prevention
(Policy & Program)
Policy #
400.31
June 2010 Revision Date:
1. POLICY STATEMENT
The Corporation of the City of Niagara Falls is committed to providing a workplace that ensures
employee safety and security, and shall take all reasonable, necessary precautions to prevent violence
in the workplace In December 2009, the Occupational Health and Safety Act (OHSA), was
amended to ensure workplace violence and harassment is addressed by all employers.
The City of Niagara Falls prohibits any form of workplace violence, and is committed to fostering
an environment that respects the dignity, health and safety, self -worth and rights of every individual
as prescribed by the Ontario Human Rights Code (OHRC), and the Occupational Health & Safety
Act.
2. PURPOSE
The intent of this policy is to identify individual roles and responsibilities to prevent workplace
violence and, where necessary, act upon any alleged complaints and incidents in a timely, fair and
judicious manner
3. APPLICATION
This policy shall apply to all employees of the City of Niagara Falls, including but not limited to
elected officials, volunteers, students, interns, consultants and contractors. Members of the general
public, visitors to City facilities or individuals conducting business with the City are expected to
refrain from any form of violent behaviour against City employees.
Employees found in contravention of this Corporate Policy, may be subject to discipline by the
Corporation, up to and including termination, and may also be personally subject to other civil or
criminal liabilities.
If such violence occurs, the Corporation will take any steps available to ensure a violence -free
workplace, including barring the individual who is the subject of a report from its facilities, where
appropriate, or discontinuing business with such individuals.
(a) the exercise of physical force by a person against a worker, in a workplace, that causes or could
cause physical injury to the worker,
(b) an attempt to exercise physical force against a worker, in a workplace, that could cause physical
injury to the worker,
(c) a statement or behaviour that is reasonable for a worker to interpret as a threat to exercise
physical force against the worker, in a workplace, that could cause physical injury to the worker
CORPORATE SERVICES: Human Resources Division
/ SUBJECT Workplace Violence Policy #
Prevention 400.31
INiagararq Is (Policy & Program)
CORPORATE ISSUE DATE June 2010 Revision Date:
POLICY
4.2 "Workplace"
Defined as the office, corporate buildings, lunchrooms, washrooms, work- sites, on -road vehicles and
any other location where the business of the municipality is being conducted.
4.3 " A Work- site"
Includes not only physical locations, but also any other location associated with the work of the
Corporation, such as corporate social gatherings, conferences, training sessions, electronic
communications, business travel or customer calls. Places and occasions where people are gathered
together for work purposes are all situations where violence can potentially occur
5. RESPONSIBILITIES
5.1 Employer
As the employer, The City of Niagara Falls is responsible for providing a workplace free from all
forms of violence and, ensure that policies, procedures and practices comply with the Ontario Human
Rights Code and the Occupational Health & Safety Act.
Further, the City will endeavour to create a workplace environment that encourages the reporting of
alleged incidents and will ensure that violence complaints are handled and investigated in an
effective, fair and expeditious manner.
5.2 Mangers / Supervisors
All managers or persons in a position of authority (ie those directing work of others), are responsible
for maintaining a workplace free from violence. Managers are responsible for their own actions and
the actions of their staff
Where violence is alleged or has occurred, managers must not tolerate, ignore or condone such
conduct, and must act in a timely and appropriate manner in accordance with this policy. In addition,
Managers must consult with Human Resources should they require any guidance and direction
relating to this policy.
5.3 Employees
All employees have the right to work in an environment free from violence. It is the responsibility
of every employee to refrain from any form of violence or threatening behaviour in the workplace
Employees are encouraged to report incidents of violence, and cooperate fully in any investigation
into an incident. All employees are expected to familiarize themselves with this policy and abide
by its terms and conditions.
6. WORKPLACE VIOLENCE PREVENTION PROGRAM
This Violence Prevention Program has been developed in order to institute measures to the
following
4
CORPORATE SERVICES: Human Resources Division
SUBJECT Workplace Violence Policy #
Prevention 400.31
Niagariarcirl s (Policy & Program)
CORPORATE ISSUE DATE June 2010 Revision Date:
POLICY
• demonstrate a commitment to providing a workplace ensuring employee safety and security;
• prevent and lower the probability of violence occurring in the workplace;
• respond swiftly and appropriately to the threat of violence or incidents of violence;
• aid in the prevention of violence/harassment in the workplace;
• provide an impartial and efficient investigation procedure;
• ensure all incidents are dealt with confidentially, fairly and objectively; and
• provide employees and managers in all departments of the Corporation with fair
and consistent procedures for preventing and dealing with workplace violence.
NOTE: Nothing in this Program should be interpreted as denying or limiting access to other
avenues of redress available under the law (e.g, a grievance or complaint under the applicable
collective agreement, criminal complaint or a complaint with the Ministry of Labour or Ontario
Human Rights Commission)
6.1 Potential Forms of Workplace Violence
• Threatening behaviour such as shaking fists, destroying property, or throwing objects
• Property damage — theft, vandalism, sabotage of equipment, or arson
• Bullying and intimidation
• Verbal abuse — swearing, insults, or threatening language
• Psychological trauma — includes stalking
• Physical attacks or assaults — hitting, shoving, pushing, or kicking
• Sexual assaults, including rape
• Verbal or non verbal, written threats of intimidation, explicit or subtle
• Expression to hurt self /others
• Fear reaction among coworkers /customers
• Frequent interpersonal conflicts
• Displays of unwarranted anger
• Marked mood swings
• Feelings of persecution, distrust
• Violence towards inanimate objects
• Fascination with harmful products /weaponry
6.2 Domestic Violence
If the employer becomes aware, or ought reasonably to be aware, that domestic violence that would
likely expose a worker to physical injury may occur in the workplace, the employer shall take every
precaution reasonable in the circumstances for the protection of the worker
6.3 Duties Regarding Violence
As set out in the OHSA, for greater certainty, the employer duties set out in section 25, the
supervisor duties set out in , and the worker duties set out in section 28 apply, as appropriate, with
respect to workplace violence.
5
SUBJECT
N iaga raj -ally
CORPORATE ISSUE DATE
POLICY
CORPORATE SERVICES: Human Resources Division
6
Workplace Violence
Prevention
(Policy & Program)
Policy #
400.31
June 2010 Revision Date:
6.4 Information
An employer shall provide a worker with,
(a) information and instruction that is appropriate for the worker on the contents of the policy and
program with respect to workplace violence; and
(b) any other prescribed information or instruction.
6.5 Provision of Information
An employer's duty to provide information to a worker under clause 25 (2) (a) and a supervisor's duty
to advise a worker under clause 27 (2) (a) include the duty to provide information, including personal
information, related to a risk of workplace violence from a person with a history of violent behaviour
if,
(a) the worker can be expected to encounter that person in the course of his or her work;
(b) the risk of workplace violence is likely to expose the worker to physical injury
6.6 Limit on Disclosure
No employer or supervisor shall disclose more personal information in the circumstances described
in subsection (3) of the OHSA than is reasonably necessary to protect the worker from physical
injury.
7. WORKPLACE RISK ASSESSMENT FOR VIOLENCE
The Corporation shall assess the risks of workplace violence/harassment that may arise from the
nature of the workplace, the type of work or the conditions of the work. The assessments shall take
into account the following:
(a) circumstances that would be common to similar workplaces;
(b) circumstances specific to the workplace; and
(c) any other prescribed elements
The Joint Health and Safety Committee shall be provided with a copy of the results of the
assessment. Further, the Corporation shall reassess the risks of workplace violence as is necessary
to ensure this policy and the related program continue to protect workers from workplace violence.
8. REPORTING PROCEDURES
All complaints will be taken seriously and handled in a discreet and sensitive manner The rights
of all concerned will be respected. There will be no reprisals for making a complaint, however, if
the complaint is determined to be a vexatious or frivolous complaint and /or one made in bad faith,
the complainant may be subject to disciplinary action by the Corporation and /or legal action from
the individual respondent.
8.1 Reporting Emergencies
As defined under "workplace ", in the event of an emergency, or if you suspect criminal conduct, call
your immediate supervisor if possible, or alternatively call 911 immediately
N iaga raralls
CORPORATE SERVICES: Human Resources Division
SUBJECT
Workplace Violence
Prevention
(Policy & Program)
Policy #
400.31
CORPORATE ISSUE DATE June 2010 Revision Date:
POLICY
8.2 Reporting Incidents of Violence
Employees are encouraged to report to their supervisor, as soon as possible, any threatening
statements, actions or behaviours. The supervisor will contact Human Resources for advice and
direction. The supervisor and Human Resources shall initiate a formal investigation to determine if
corrective action and /or support services are required.
8.3 How to Make a Report
(a) A report should be made as soon as possible following an incidence of violence. Promptness
in reporting protects the safety of all employees, as well as the rights of both the person making the
report and the person who is the subject of a report.
(b) All reports must be made through written documentation, and should contain a description of
the account of the incident, when it occurred, the person(s) involved, and the names of witnesses,
if any The report also needs to be signed and dated.
(c) A report under this Program needs to be submitted to the supervisor /manager, who will then
forward it to the divisional director and Director of Human Resources. The Director of Human
Resources shall assign a Human Resources Officer to investigate the incident and, report back with
recommendations. Alternatively, the Director of Human Resources may choose to investigate it
personally.
(d) With the exception of reports made involving a Divisional Director, Chief Administrative
Officer or a member of Council, the Director of Human Resources will inform the CAO of the fact
that a report has been made and that an investigation will be conducted.
9. INVESTIGATION
(a) To the extent possible, the investigator(s) shall ensure the incident is investigated promptly and
fairly, and in a discreet and confidential manner, in accordance with the OHSA. As soon as is
reasonably practicable, the person(s) assigned, shall initiate the investigation by meeting with the
individual who made the report.
(b) The individual has the right to be accompanied by another employee of his/her choice in any
meeting with the investigator(s). The investigator(s) shall confirm receipt of the report, clarify
details, and apprise the individual of the steps that will be taken.
(c) After speaking with the applicable Divisional Director or designate, the investigator(s) have the
authority, subject to applicable laws, to talk with anyone, examine any documents, and enter any
work locations that are relevant to the reported incident. If the Police Services request the
Corporation not investigate the situation until after the police investigation has been completed, the
investigator(s) will speak with and seek the approval of the Director of Human Resources prior to
continuing with the Corporation's investigation.
(d) An employee who is the subject of a report and who refuses to discuss potentially violent
7
CORPORATE SERVICES: Human Resources Division
SUBJECT Workplace Violence Policy #
Prevention 400.31
N i a r g a rarg (Policy & Program)
CORPORATE ISSUE DATE June 2010 Revision Date:
POLICY
behaviour or cooperate in interventions to assess or defuse the risk of workplace violence, may be
suspended without pay and benefits until he /she agrees to cooperate and provides proof of
cooperation (if information is uncovered through fact - finding to establish a reasonable possibility
of risk). Refusal to co- operate may result in dismissal if the employee has received written notice
to that effect and has been given a reasonable opportunity to cooperate
(e) Interventions that may form part of a risk assessment or plan of action for a worker who is the
subject of a report or investigation may include, referral to the employee's physician, use of sick
leave plan or temporary leave of absence, referral to counselling and other services through the
Employee Assistance Program and other appropriate interventions. Extreme situations may warrant
suspension, obtaining appropriate court orders, and /or police involvement.
(t) Depending upon the circumstances, the Divisional Director or the Director of Human Resources
may determine it is appropriate to physically and /or operationally separate the employee who made
the report, and the employee who is the subject of the report, until the investigation has been
completed. The Corporation may suspend the employee who is the subject of the report pending the
investigation.
10. FINDINGS & RECOMMENDATIONS
Once the investigation is complete, the investigator(s) will submit a confidential written document
to the Director of Human Resources. The document will summarize the investigator's findings and
will recommend corrective action if appropriate.
11. DISCIPLINARY ACTION
Any person found to be in violation of this policy may be subject to legal action and /or appropriate
disciplinary action up to and including termination by the Corporation. In addition, individuals may
file a complaint and /or initiate independent legal action and charges under the Criminal Code
12. CONTACTS
► All employees have access to a fully confidential assistance program at any time, 24-
hours a day, through the Employee Assistance Program at 1- 877 -207 -8833.
► Any questions or advice regarding the intent of this policy should be directed to Human
Resources.
► Employees may wish to consult with the Ministry of Labour, or their union association
for further information on their legal rights and entitlements.
8
CORPORATE SERVICES: Human Resources Division
SUBJECT Respect in the POLICY #
Workplace Policy 400.25
(Harassment Prevention)
Niaga -40Ih
CORPORATE ISSUE DATE June 2010 Revision date
POLICY
1. POLICY STATEMENT
The Corporation of the City of Niagara Falls is committed to providing a workplace that ensures
employee safety and security, and shall take all reasonable, necessary precautions to prevent
harassment in the workplace. In December 2009, the Occupational' Health and Safety Act (OHSA),
was amended to ensure workplace violence and harassment is addressed by all employers.
The City of Niagara Falls prohibits any form of workplace harassment and discrimination, and is
committed to fostering an environment that respects the dignity, self -worth and rights of every
individual as prescribed by the Ontario Human Rights Code (OHRC), and the Occupational Health
& Safety Act.
2. PURPOSE
The intent of this policy is to identify individual roles and responsibilities to prevent workplace
harassment and, where necessary, act upon any alleged complaints in a timely, fair and judicious
manner.
3. APPLICATION
This policy shall apply to all employees of the City of Niagara Falls, including but not limited to
elected officials, volunteers, students, interns, consultants and contractors. Members of the general
public, visitors to City facilities or individuals conducting business with the City are expected to
refrain from harassment and discrimination against City employees.
Employees found in contravention of this Corporate Policy, may be subject to discipline by the
Corporation, up to and including termination, and may also be personally subject to other civil or
criminal liabilities.
4. DEFINITIONS
4.1 "Workplace Harassment"
As per the Occupational Health and Safety Act, means engaging in a course of vexatious comment
or conduct against a worker in a workplace that is known, or ought reasonably to be known to be
unwelcome Harassment may result from one incident or a series of incidents, and may be
intentional or unintentional. It may include actions and behaviours that, while not directed to a
particular individual, create a "poisoned environment" which is hostile, intimidating or offensive.
The Human Rights Code prohibits workplace harassment and /or discrimination under one or more
of the following grounds
Race
Ethnic Origin
Creed
Age
Disability
Ancestry
Citizenship
Sex
Marital Status
Record of Offences
9
Place of Origin
Colour
Sexual Orientation
Family Status
CORPORATE SERVICES: Human Resources Division
SUBJECT Respect in the POLICY #
Workplace Policy 400.25
Niagararglh (Harassment Prevention)
CORPORATE ISSUE DATE June 2010 Revision date
POLICY
4.2 "Workplace"
Defined as the office, corporate buildings, lunchrooms, washrooms, work- sites, on -road vehicles and
any other location where the business of the municipality is being conducted.
4.3 " A Work- site"
Includes not only physical locations, but also any other location associated with the work of the
Corporation, such as corporate social gatherings, conferences, training sessions, electronic
communications, business travel or customer calls. Places and occasions where people are gathered
together for work purposes are all situations where violence can potentially occur
4.4 "Sexual Harassment"
Includes any unwelcome act, comment, or conduct based on sex that is known, or ought to be
known, to be unwelcome. This also includes person(s) in position(s) of authority making sexual
advances or requesting sexual favours (sexual solicitation) and /or threatening or taking punitive
action against someone who does not comply with such requests or advances (sexual reprisal)
4.5 "Poisoned Work Environment"
Deals with how we treat one another It occurs when comments or actions create real or perceived
inequality in terms or conditions of employment, accommodation, service, contracts and
membership in vocational associations for persons or groups protected under the Human Rights
Code For example, insulting jokes, slurs or cartoons about sexuality or racial groups, or pin -up
photos that demean women, all contribute to a poisoned environment for members of those groups.
4.6 "Personal Harassment"
A pattern of repeated inappropriate behaviour, and /or conduct that makes an individual feel
embarrassed, offended and intimidated. Although personal harassment may not violate the
prohibited grounds outlined in the Human Rights Code, the types of behaviour and conduct that may
constitute personal harassment will include, but not be limited to; (bullying, false accusations,
ongoing condescending comments, yelling and shouting, practical jokes that result in insult or
embarrassment, repeated and offensive gestures /comments, abuse of authority and coercion)
5. RESPONSIBILITIES
5.1 Employer
As the employer, The City of Niagara Falls is responsible for providing a workplace free from all
forms of harassment and, ensure that policies, procedures and practices comply with the Ontario
Human Rights Code and the Occupational Health & Safety Act.
Further, the City will endeavour to create a workplace environment that encourages the reporting of
alleged incidents and will ensure that harassment complaints are handled and investigated in an
effective, fair and expeditious manner.
10
� SUBJECT Respect in the POLICY #
Workplace Policy 400.25
Niagara j fills (Harassment Prevention)
CORPORATE SERVICES: Human Resources Division
CORPORATE ISSUE DATE June 2010 Revision date
POLICY
5.2 Managers / Supervisors
All managers or persons in a position of authority (ie. those directing work of others), are
responsible for maintaining a workplace free from harassment and/or discrimination. Managers are
responsible for their own actions and the actions of their staff.
Where harassment is alleged or has occurred, managers must not tolerate, ignore or condone such
conduct, and must act in a timely and appropriate manner in accordance with this policy. In
addition, Managers must consult with Human Resources on guidance and direction relating to this
policy.
5.3 Employees
All employees have the right to work in an environment free from harassment and or discrimination.
It is the responsibility of every employee to refrain from any form of harassment in the workplace.
Employees are encouraged to report incidents of harassment/discrimination, and cooperate fully in
any investigation into an incident. All employees are expected to familiarize themselves with this
policy and abide by its terms and conditions.
6. WORKPLACE HARASSMENT PREVENTION PROGRAM
This Harassment Prevention Program has been developed in order to institute measures to the
following:
demonstrate a commitment to providing a workplace ensuring employee safety and security;
prevent and lower the probability of harassment occurring in the workplace;
respond swiftly and appropriately to any potential incidents of harassment;
aid in the prevention of harassment in the workplace;
provide an impartial and efficient investigation procedure;
ensure all incidents are dealt with confidentially, fairly and objectively; and
provide employees and managers in all divisions of the Corporation with fair
and consistent procedures for preventing and dealing with workplace harassment.
NOTE: Nothing in this Program should be interpreted as denying or limiting access to other
avenues of redress available under the law (e.g , a grievance or complaint under the applicable
collective agreement, criminal complaint or a complaint with the Ministry of Labour or Ontario
Human Rights Commission)
6.1 Harassment Prevention Program
The employer will develop and maintain a program to implement this policy with respect to
workplace harassment. The City's program shall,
(a) include measures and procedures for workers to report incidents of workplace harassment to the
employer or supervisor;
(b) set out how the employer will investigate and deal with incidents and complaints of workplace
harassment; and
(c) include any prescribed elements.
11
CORPORATE SERVICES: Human Resources Division
SUBJECT Respect in the POLICY #
Workplace Policy 400.25
NiagaraJ-ica1ls (Harassment Prevention)
CORPORATE ISSUE DATE June 2010 Revision date
POLICY
6.2 Information & Instruction
An employer shall provide a worker with,
(a) information and instruction that is appropriate for the worker on the contents of the policy and
program with respect to workplace harassment; and
(b) any other prescribed information or instruction.
7. REPORTING PROCEDURES
All complaints will be taken seriously and handled in a discreet and sensitive manner The rights
of all concerned will be respected. There will be no reprisals for making a complaint; however, if
the complaint is determined to be a vexatious or frivolous complaint and/or one made in bad faith,
the complainant may be subject to disciplinary action by the Corporation and/or legal action from
the individual respondent.
7.1 Reporting Incidents of Harassment
Employees are encouraged to report to their supervisor, as soon as possible, any threatening
statements, actions or behaviours pertaining to harassment. The supervisor will contact Human
Resources for advice and direction. The supervisor and Human Resources shall initiate a formal
investigation to determine if corrective action and /or support services are required.
7.2 How to Make a Report
(a) A report should be made as soon as possible following any incidence of harassment. Promptness
in reporting protects the safety of all employees, as well as the rights of both the person making the
report and the person who is the subject of a report.
(b) All reports must be made through written documentation, and should contain a description of
the account of the incident, when it occurred, the person(s) involved, and the names of witnesses,
if any The report also needs to be signed and dated.
(c) A report under this Program needs to be submitted to the supervisor /manager, who will then
forward it to the divisional director, and the Director of Human Resources. The Director of Human
Resources shall assign a Human Resources Officer to investigate the situation and to report back
with recommendations. Alternatively, the Director of Human Resources may choose to investigate
it personally.
(d) With the exception of reports made involving a Divisional Director, Chief Administrative
Officer or a member of Council, the Director of Human Resources will inform the CAO of the fact
that a report has been made and that an investigation will be conducted.
S. INVESTIGATION
(a) To the extent possible, the investigator(s) shall ensure the incident is investigated promptly and
fairly, and in a discreet and confidential manner, in accordance with the OHSA. As soon as is
reasonably practicable, the person(s) assigned, shall initiate the investigation by meeting with the
individual who made the report.
12
NiagaraJalls
REPORT TO:
SUBMITTED BY:
SUBJECT:
RECOMMENDATION:
EXECUTIVE SUMMARY:
BACKGROUND:
Councillor Victor Pietrangelo, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
Transportation Department
TS- 2010 -27
On- Street Parking Space Removal
Ferry Street in Front of Former Capri
TS- 2010 -27
May 10, 2010
1) That five existing on- street pay parking meter spaces adjacent 5438 and 5420
Ferry Street be eliminated
2) Signage be installed reflecting no parking" within the zone where the pay spaces
were eliminated
3) The owner of 5438 Ferry Street is to compensate the city in the amount of
$2,980 00 for lost revenue, signing modifications, pavement marking obliteration
and parking machine removal.
At the request of Mr Dristsacos, current owner of the former Capri property, the Victoria
Centre B I.A. has supported the removal of the adjacent on- street paid parking spaces on
Ferry Street. Staff has reviewed the request and is supportive of the request subject to
being compensated for the removal of the Pay & Display machine, the lost revenue for the
spaces for the, remainder of the year and costs related to signing and pavement marking
modifications
The property of 5438 Ferry Street was recently purchased along with several land parcels
adjacent the former Capri restaurant. The new owner has requested the removal of the
parking meter spaces in front of the former Capri and the adjacent property located
immediately to the east being 5420 Ferry Street, now both owned by Mr Dristsacos The
removal would consist of eliminating five on- street paid parking spaces, and the removal of
a Pay & Display machine The applicant has approached the Victoria Centre BIA and has
received their support as documented at their April 1, 2010 Board of Directors meeting
A technical review indicates that the removal of the parking spaces will not affect traffic
operations Initially, it appears that upon removing the parking spaces motorists may
perceive that there are two eastbound travel lanes However, once the pavement markings
May 10, 2010
for the spaces are obliterated, one lane, albeit a wider travel lane will be available. This lane
will be a continuation of the same width lane that extends from Stanley Avenue The former
on- street parking area will be signed as no parking
FINANCIAL /STAFFING
The removal of the parking machine, signing and pavement marking modifications will
be carried out jointly by Transportation staff and contractors at an estimated cost of
$500 00 Lost revenue for the remainder of the year of the eliminated parking spaces
is estimated at $2,480 00 Compensation for the aforementioned is being sought from
the business owner and is a condition of this approval
LIST OF ATTACHMENTS
Study Area drawing
Recommended by:
- 2 - TS- 2010 -27
/(e,1
Karl Dren, Director of Transportation Services
Respectfully submitted: I
I Ken Todd, Chief Administrative Officer
M. Carrick
S \General Administration \GA 1 01 Reports\2010 Community Services \05 May 10 \TS- 2010 -27 Ferry St Parking Space
Removal wpd
Beaver Gas Bar &
7- Eleven Food Store
Former
Capri
Restaurant
Existing "No
Parking" Zone
Existing "No Proposed "No 5 Parking Stalls
Parking" Zone Parking" Zone `'a to be Removed
.
Ferry Street
Niagaraalls Parking Meter Removal
c%N 111%
NORTH
Niagara 7 alIs
REPORT TO: Councillor Victor Pietrangelo, Chair
and Members of the Corporate Services Committee
City of Niagara Falls, Ontario
SUBMITTED BY: Transportation Department
SUBJECT: TS- 2010 -28
Niagara Falls Community Health Centre Request
for Short Term Parking Meters
RECOMMENDATION
That Council approve the installation of two (2) fifteen minute parking meters in front of
4481 Queen Street the Niagara Falls Community Health Centre for the purpose of patient
pick up and drop off accessibility
EXECUTIVE SUMMARY
The Niagara Falls Community Health Centre has requested that the metered area located
directly in front of their building include two (2) fifteen minute meters similar to 4421 Queen
St. Which provides short term parking for those dropping off prescriptions at the pharmacy
The new single space meters would allow the temporary drop off of patients requiring
assistance in mobility The area is already designated, as a metered time limit location, so
only the installation of the single space parking meters would be required The Downtown
BIA supports the installation of the 15 minute meters
BACKGROUND
The Niagara Falls Community Health Centre approached staff requesting the installation
of two fifteen - minute meters out front to allow short term parking for the drop off of clients
This area will serve the community similarly to the short term usage meter space for the
pharmacy at 4421 Queen Street.
ANALYSIS /RATIONALE
As the area located in front of 4481 Queen Street is currently designated as a metered
area, installation of two fifteen - minute meters would not impact use of the area
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
TS- 2010 -28
May 10, 2010
Financial impact is minimal and only associated with the installation of two parking meters
Cost of installation is included in the 2010 General Purposes budget. A change to the bylaw
to reflect the metered area approximately 30 meters west of St. Clair changed from a 2 hour
time limit to a 15 minute time limit.
May 10, 2010
ATTACHMENTS
1 A letter from BIA supporting the installation of 15 minute parking meters
2. Area drawing
Recommended by:
Respectfully submitted:
- 2 - TS- 2010 -28
Karl Doren, Director of Transportation Services
1 ,2.,,, , p,,,0
Ken Todd, Chief Administrative Office
From: "Carole MacDonald" <carole @codnf.ca>
To: <pbrown @niagarafalls.ca >, <bsage @nfchc.ca>
Date: 4/27/2010 11.55 AM
Subject: B1A Board Approval
Mr Brown,
The BIA Board of Directors have voted in favour of the request from Niagara
Falls Community Health Centre to have 2 - 15 minute meter drop off parking
outside 4481 Queen Street.
Carole MacDonald
Office Administrator
BIA Downtown Board of Management &
Celebrate Old Downtown
Office Location. 4691 Ontario Avenue
Mailing Address: P O Box 5
Niagara Falls, ON L2E 6S8
P • 905- 356 -5444
F 905- 356 -5667
bia @niagarafallsdowntown.com
carole @celebrateolddowntown.com
www.queenstreetniagarafalls.com
www.niagarafallsdowntown.com
Facebook - My Downtown Niagara Falls
Twitter - DowntownNiagara
Niagara Falls
Community
Health
Centre
Proposed
15 Minute Metered
Parking Zone
Queen Street
Niagarapalls Proposed 15 Minute Metered Parking Zone
NORTH
NI4 jR4 i ►�Lf "
The City of Niagara Falls, Ontario
Resolution
No.
Moved by
Seconded by
WHEREAS all meetings of Council are to be open to the public; and
F
WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject
matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001.
THEREFORE BE IT RESOLVED THAT on May 10, 2010 Niagara Falls Council will go into
a closed meeting to consider a matter that falls under the subject matter of 239(2)(d) of the
Municipal Act, 2001, labour relations or employee negotiations.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA R. T. (TED) SALCI
CITY CLERK ' MAYOR