2011/05/30 COMMITTEE OF THE WHOLE AGENDA
SEVENTH MEETING
Monday, May 30, 2011
4:30 p.m.
City Hall, Committee Room #2A & B
1) Approval of the May 16, 2011 Committee of the Whole minutes.
2) REPORTS: STAFF CONTACT:
a) MW- 2011 -20
Proposed New Chippawa Boat Dock Geoff Holman
b) CD- 2011 -10
BIA Matters Dean Iorfida
3) NEW BUSINESS:
4) ADJOURNMENT:
IN- CAMERA SESSION
a) Resolution to go into Closed Meeting.
MINUTES OF COMMITTEE OF THE WHOLE
Monday, May 16, 2011
Committee Room 2, 4:35 P.M.
All members of Council except Councillor loannoni were present. Councillor Pietrangelo
chaired the meeting.
1) MINUTES:
a) MOVED on the motion of Councillor Morocco, seconded by Councillor Mayes that
the minutes of the April 18, 2011 Committee of the Whole meeting be approved.
Motion: Carried
Action: Recommendation submitted to Council May 16, 2011.
2) REPORTS:
a) MW- 2011 -19
Agent Orange Investigation
MOVED on the motion of Mayor Diodati, seconded by Councillor Thomson that the
report be received and filed.
Motion: Carried
Action: Recommendation submitted to Council May 16, 2011
b) MW- 2011 -23
Asphalt Patching Contract - City Wide
Bruce Ward, expressed his concern with the administration of the tenders and the
time frame in which some of the work was being completed in the City.
Tom Reynolds, Al Asphalt, stated that his company was the lowest bidder on the
project and that the error on the tender was very minor. Al is currently doing the
street works on Queen Street. He asked that Council award Al Asphalt the tender..
Rick Phibbs, Circle P. Paving, was in support of the staff report and
recommendations.
MOVED on the motion of Councillor Wing, seconded by Councillor Thomson that the
following be approved:
1. The contract be awarded to Circle P. Paving at the tendered price of
$394,995.00
2. That the Mayor and City Clerk be authorized to execute the necessary
contract documents.
Motion: Carried
Action: Recommendation submitted to Council, May 16, 2011
-2-
3) ADJOURNMENT:
MOVED on the motion of Mayor Diodati, seconded by Councillor Kerrio that the
meeting be adjourned at 5:00 p.m. and enter into an In Camera session.
Motion: Carried
MW- 2011 -20
NiagaraJalls May 30, 2011
REPORT TO: Councillor Carolynn loannoni, Chair
and Members of the Committee of the Whole
City of Niagara Falls, Ontario
SUBMITTED BY: Municipal Works Department
Clerks Department
SUBJECT: MW- 2011 -20
Proposed New Chippawa Boat Dock
RECOMMENDATION
1. That Committee recommend for ratification that Council endorse the concept,
location and timing of the proposed new Chippawa public boat dock and
arrangement with the Chippawa Public Docks Committee.
2. City staff be directed to undertake a Crown lease arrangement with the Ministry of
Natural Resources (MNR) and seek the consent of other approval agencies.
3. That funding for the City's portion of this project be referred to the 2012 Capital
Budget deliberations.
4. That staff conduct a review of on- street parking on Front Street so that any
modifications can be incorporated into the design and implemented during the
project construction phase.
EXECUTIVE SUMMARY
The Chippawa Public Boat Dock Committee is a non - profit group of citizens interested in
the development of a formal public dock facility intended to improve opportunity for public
access to the Welland River. The proposed location for the dock is on the north side of the
Welland River, along Front Street, adjacent to the Weightman Bridge. The proposed
arrangement has the Chippawa Public Dock Committee committed to fundraising for the
dock portion of the project. The facility will also require proper parking, sidewalk links,
emergency access and amenity space to be constructed along the shore, proposed to be
funded by the municipality.
The goal of the proposed new Chippawa boat dock is to beautify the waterfront and
provide tourists with additional opportunities to access the businesses of Chippawa. In
addition, this dock would provide emergency service staff with better access to the Welland
River.
BACKGROUND
In 2010, Council received a series of reports on the proposed relocation of the former
Chippawa BIA- sponsored boat dock. Council's motion was to return the former dock to its'
original location (south side of the Welland River) and that a City committee be formed to
establish a long term plan for public docks along the Welland River. It should be noted that
May 30, 2011 - 2 - MW- 2011 -20
the south side boat dock was installed on May 19 2011 through the joint efforts of
Municipal Works staff and the firefighters from Station 4 in Chippawa.
Since Council's motion City staff having been working with a group known as the Chippawa
Public Docks Committee. Staff developed a concept plan that situated the proposed new
boat dock on the north side of the Welland River, along Front Street adjacent to the
Weightman Bridge. This location meets the needs of the project by; providing dock users
with access to the Chippawa businesses, allowing vehicular access for emergency services
and gives an opportunity to beautify and better utilize existing City of Niagara Falls lands.
The proposed concept plan developed with the Chippawa Public Docks Committee
includes the following elements; a new, fixed (non - floating) dock with an approximate
length of 30m (100'), a parking area, sidewalks, a lock -able pedestrian gateway to the
dock, information signage, lighting and picnic tables. Furthermore, the proposed concept
plan has been developed with accessibility in mind and will be compliant with the Facility
Accessibility Design Standards (FADS), the guiding document for new municipal facilities.
On May 4, 2011, City staff participated in a stakeholder open house meeting hosted by the
Chippawa Public Docks Committee to receive comment on the proposed new Chippawa
Boat Dock. The meeting was attended by approximately 40 individuals and included
Chippawa residents, merchants and representatives of Ontario Power Generation,
Emergency Services and the Niagara Parks Commission. The comments received from
the stakeholder open house meeting were strongly supportive of the proposed new
Chippawa boat dock (see attached).
ANALYSIS /RATIONALE
The purpose of the proposed new Chippawa boat dock will beautify the waterfront and
provide tourists with additional opportunities to access the businesses of Chippawa. In
addition, this dock would provide emergency service staff with better access to the Welland
River.
The proposed arrangement is that the Chippawa Public Docks Committee will fundraise
for the financing of the physical dock. The municipality would be responsible for the "up
land" works (i.e., the public lands leading to the dock). The dock would be a municipal
asset under City ownership, which would help facilitate needed consent from the various,
possible approval authorities (Ministry of Natural Resources, Ontario Power Generation,
Oceans and Fisheries et al). The municipality would also be expected to issue receipts for
the fundraising initiatives of the Chippawa Public Docks Committee. Finally, City staff
would create the design work and issue appropriate tenders to see the project come to
fruition.
City staff has prepared a concept plan for the dock and surrounding lands. St. John
Ambulance and the Fire Station No. 4 Fire Chief will be consulted in the formal design
planning stage to ensure the dock and lands are optimized for emergency service staff.
In addition, a review of on- street parking on Front Street by Transportation Services is
recommended so that any modifications can be incorporated into the design and
implemented during the project construction phase.
May 30, 2011 - 3 - MW- 2011 -20
FINANCIAL/ LEGAL IMPLICATIONS
The proposed new Chippawa boat dock is not currently funded in the 2011 Capital Budget.
It is listed within the 2011 capital budget addendum. The project will be identified in the
forthcoming 10 -year capital plan with the possibility that it would be approved in 2012. The
anticipated cost of the project (including external contributions) is estimated at $130,000,
subject to the public procurement process.
The Chippawa Public Docks Committee has stated a commitment to funding 100% of the
new fixed dock portion of the project. The value of this commitment to funding is
anticipated to be approximately$50,000, with the site works (the City portion) estimated at
$80,000.
To permit the development of the proposed new Chippawa boat dock, a Crown lease
arrangement is required with the Ministry of Natural Resources, which will provide the
municipality with the right to occupy the Welland River bed for the purpose of constructing
a boat dock. This arrangement will need annual renewals with an associated fee, yet to
be determined.
In addition, it will also be necessary to receive Federal approval from Transport Canada,
Oceans & Fisheries branch, under the Navigable Waters Protection Act. There may be
other permits or approvals required for the project.
As the facility will be municipally- owned, staff will be discussing appropriate measures to
mitigate the risks with its insurer.
CITY'S STRATEGIC COMMITMENT
Promote awareness and opportunities for active living by providing accessible recreational
facilities and green space for Niagara Falls residents
Actively pursue economic development opportunities such as authentic Eco and Heritage
Tourism opportunities.
LIST OF ATTACHMENTS
Attachment #1 Proposed New Chippawa Boat Dock Location Map
Attachment #2 Proposed New Chippawa Boat Dock Concept Plan
Attachment #3 Comments from the Public Open House
Recommended b :
DA
r Geo Holman, t rector of Municipal Works
Recommended by: ') I' 1
Dean Iorfida, ty Cle
Respectfully submitted:
Ke Todd, Chief Administrative Officer
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C H I `\ .# U._., ?� �u�. COMMITTEE
The CPDC was formed to over see the private sector responsibilities within a
public /private partnership with the City of Niagara Falls and various other agencies to
provide service enhancing facilities along the banks of the Welland River (aka Chippawa
Creek) in Chippawa. Principally, these take the form of public dock and upland
improvements that will allow waterside access for the public, including but not limited to;
swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility
individuals.
There are a number of ways businesses and individuals will be able to assist us and the
City to bring these great facilities to reality and we encourage you to sign up as an
interested party and attend a meeting. Please attach your contact to this comment sheet or
speak to one of our representatives for further information.
Name /34Z4M) 54.-e L ,
Address 2 n
7 /;^1,2? !`/
Phone # Y 70 -3591
:.. Email , 6 ' � ���w�� c- C ,L/ AM/ c - Co
I /we would be interested in assisting the Chippawa Public Docks Committee lam'
COMMENT
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CHPPAWA PUDIC D K S COMMITI FE
The CPDC was formed to over see the private sector responsibilities within a
public /private partnership with the City of Niagara Falls and various other agencies to
provide service enhancing facilities along the banks of the Welland River (aka Chippawa
Creek) in Chippawa. Principally, these take the form of public dock and upland
improvements that will allow waterside access for the public, including but not limited to;
swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility
individuals.
There are a number of ways businesses and individuals will be able to assist us and the
City to bring these great facilities to reality and we encourage you to sign up as an
interested party and attend a meeting. Please attach your contact to this comment sheet or
speak to one-of our representatives for further information.
Name i\ v 1W
Address i A.; f . _ I �. �.
Phone # { - c 5 _ 1 , 4 5} , ,
Email 4`"r1 : ‘-\ 4" t 4 � . �� < ' )
Uwe would be interested in assisting the Chippawa Public Docks Committee ❑
COMMENT
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C,H1PPAVVA PUBLIC, DOCKS ITTEE
The CPDC was formed to over see the private sector responsibilities within a
public /private partnership with the City of Niagara Falls and various other agencies to
provide service enhancing facilities along the banks of the Welland River (aka Chippawa
Creek) in Chippawa. Principally, these take the form of public dock and upland
improvements that will allow waterside access for the public, including but not limited to;
swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility
individuals.
There are a number of ways businesses and individuals will be able to assist us and the
City to bring these great facilities to reality and we encourage you to sign up as an
interested party and attend a meeting. Please attach your contact to this comment sheet or
speak to one of our representatives for further information.
Name L�, _�c.� 41c, 1 , .1
Address 1 •77 ill E 1 &-,4iL,4 k, c .r
A •r•ei,
( S(v.
Phone # ` - 10 S - S - - Ss'
Email iYl S c:r _ 1 l hoifn tt. . ( .C)'i
Uwe would be interested in assisting the Chippawa Public Docks Committee ❑
COMMENT
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The CPDC was formed to over see the private sector responsibilities within a
public /private partnership with the City of Niagara Falls and various other agencies to
provide service enhancing facilities along the banks of the Welland River (aka Chippawa
Creek) in Chippawa. Principally, these take the form of public dock and upland
improvements that will allow waterside access for the public, including but not limited to;
swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility
individuals.
There are a number of ways businesses and individuals will be able to assist us and the
City to bring these great facilities to reality and we encourage you to sign up as an
interested party and attend a meeting. Please attach your contact to this comment sheet or
speak to one of our representatives for further information.
Name 5 /1
Address /0.1_ j fc_ (/- /") j+
Fr , / /F
Phone # J L' `' l / / S - u
Email ! / T/( �� �_ ;. (0- C'r
Uwe would be interested in assisting the Chippawa Public Docks Committee El
COMMENT
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F i IA 1 ia$ .sd DOCKS *.a..,,t :Jir\ 1 TT EE
The CPDC was formed to over see the private sector responsibilities within a
public /private partnership with the City of Niagara Falls and various other agencies to
provide service enhancing facilities along the banks of the Welland River (aka Chippawa
Creek) in Chippawa. Principally, these take the form of public dock and upland
improvements that will allow waterside access for the public, including but not limited to;
swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility
individuals.
There are a number of ways businesses and individuals will be able to assist us and the
City to bring these great facilities to reality and we encourage you to sign up as an
interested party and attend a meeting. Please attach your contact to this comment sheet or
speak to one of our representatives for further information.
Name /7i
Address
/4 /
Phone # S a
Email L F a2/ Z t C f' / ? //y' uS . (4
Uwe would be interested in assisting the Chippawa Public Docks Committee E
COMMENT
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'-' The CPDC was formed to over see the private sector responsibilities within a
public /private partnership with the City of Niagara Falls and various other agencies to
provide service enhancing facilities along the banks of the Welland River (aka Chippawa
Creek) in Chippawa. Principally, these take the form of public dock and upland
improvements that will allow waterside access for the public, including but not limited to;
swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility
individuals.
There are a number of ways businesses and individuals will be able to assist us and the
City to bring these great facilities to reality and we encourage you to sign up as an
interested party and attend a meeting. Please attach your contact to this comment sheet or
speak to one of ur representatives for information.
Name lf`ie-�t-� �C �"
Address •.(4Y 61//9? •
Phone # ry
Email
Uwe would be interested in assisting the Chippawa Public Docks Committee ❑
COMMENT
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The CPDC was formed to over see the private sector responsibilities within a
public /private partnership with the City of Niagara Falls and various other agencies to
provide service enhancing facilities along the banks of the Welland River (aka Chippawa
Creek) in Chippawa. Principally, these take the form of public dock and upland
improvements that will allow waterside access for the public, including but not limited to;
swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility
individuals.
There are a number of ways businesses and individuals will be able to assist us and the
City to bring these great facilities to reality and we encourage you to sign up as an
interested party and attend a meeting. Please attach your contact to this comment sheet or
speak to one of our representatives for further information.
1
Name /1
Address =� , , , r G �(,
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Phone #
Email
Uwe would be interested in assisting the Chippawa Public Docks Committee ❑
COMMENT
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The CPDC was formed to over see the private sector responsibilities within a
public /private partnership with the City of Niagara Falls and various other agencies to
provide service enhancing facilities along the banks of the Welland River (aka Chippawa
Creek) in Chippawa. Principally, these take the form of public dock and upland
improvements that will allow waterside access for the public, including but not limited to;
swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility
individuals.
There are a number of ways businesses and individuals will be able to assist us and the
City to bring these great facilities to reality and we encourage you to sign up as an
interested party and attend a meeting. Please attach your contact to this comment sheet or
speak to one of our repres for further information.
Name A `',/ / / , .(,_.�l ` �� r :1)3
Address �
c, �-� r� c L! c
Phone # L. ` � / l „ r' /
... Email /r �� � ' ` i _:' ) ) / �-( i ' 1 . • ) / tic ( - 7 1 (
Uwe would be interested in assisting the Chippawa Public Docks Committee ❑
COMMENT
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3 p r: WA Pt . iBLIC D0 M ' iv i
The CPDC was formed to over see the private sector responsibilities within a
public /private partnership with the City of Niagara Falls and various other agencies to
provide service enhancing facilities along the banks of the Welland River (aka Chippawa
Creek) in Chippawa. Principally, these take the form of public dock and upland
improvements that will allow waterside access for the public, including but not limited to;
swimmers, visiting boaters, emergency personnel, fishermen and limited accessibility
individuals.
There are a number of ways businesses and individuals will be able to assist us and the
City to bring these great facilities to reality and we encourage you to sign up as an
interested party and attend a meeting. Please attach your contact to this comment sheet or
speak to one of our representatives for further information.
Name Q- /72 /7")_dre
Address f-Pd ego £ i s& Li1
"11/aG/lil /L_
r cutp S C fjo. t CG?
A_ a 6- � �3
Phone #
Email ( / /ezec/c Cc cJc eCC • cCt
/7?k,(2e2e ho1,n /• Corn
Uwe would be interested in assisting the Chippawa Public Docks Committee Efr"
COMMENT
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CD- 2011 -10
Niagaraaalls May 30, 2011
REPORT TO: Councillor Carolynn loannoni, Chair
and Members of the Committee of the Whole
City of Niagara Falls, Ontario
SUBMITTED BY: Clerks Department
SUBJECT: CD- 2011 -10
BIA Matters
RECOMMENDATION
That Committee consider one of the options available to resolve the Downtown BIA issue,
for ratification by Council; and
That Committee recommends for ratification that Council endorse the Downtown BIA
Beautification Committee; and
That Committee recommends for ratification that Council approve the Downtown BIA
budget of $403,000 for 2011; and
That Committee recommends for ratification that Council approve the Main & Ferry BIA
budget and board of directors; and
That Committee recommends for ratification approval of the Fallsview BIA By -law
amendment.
EXECUTIVE SUMMARY
City Council directed the Downtown BIA to hold another general membership meeting to
consider whether or not to hold another election for members of the board of management.
The general membership meeting resulted in the call for another election. Major
stakeholder, Historic Niagara, expressed objections to the "second" election. At their
urging, an extension to the nomination process took place after the original deadline had
passed.
The election was held at the BIA offices over the two days. With the two late nominees
getting elected, the second election has been called into question. Staff has offered a
variety of suggested solutions, within Council's authority, that, hopefully, will resolve the
issues and allow the Downtown BIA to move forward.
BACKGROUND
At the April 18 meeting, Council considered report CD- 2011 -05, BIA Guidelines. That
report, like this one, primarily centred around the issues surrounding the Downtown
Business Improvement Area (BIA). As a result, Council directed the Downtown BIA to hold
another general membership meeting.
May 30, 2011 - 2 - CD- 2011 -10
A general membership meeting was held on April 26 with all three of the Council
representatives in attendance. One of the results of the general membership meeting was
to hold another board election. Via appropriately passed motions, the general membership
agreed to hold the election over two days (May 11 -12), with the deadline for nominations
on Wednesday, May 4 Also, the general membership accepted that the various
corporate entities under the umbrella of Historic Niagara would once again cast in excess
of thirty votes at the election.
Historic Niagara, whose main principles were not in attendance at the April 26 meeting,
was critical of the proposed new election. Attached correspondences outline their
concerns, which the writer responded to. In an effort to try to mediate the situation, City
staff, at the request of Historic Niagara, asked BIA staff to reopen the deadline for
nominations five days after the original closing date. There was no objection expressed
at the time of the extension, the nominations were reopened on May 9 until noon hour the
following day and two (2) additional nominees came forward.
The election was held at the BIA offices over the two days. BIA staff was very vigilant
ensuring that those attending were eligible to vote. City staff was present throughout to
ensure the integrity of the vote. The writer and his staff counted the votes upon the close
of voting.
The turn out for the election was good. The results are contained in an attachment in the
report. There was a tie for ninth place and the two nominees that were accepted after the
original deadline were in the top nine. Not too surprisingly, the fact that the two "late"
nominees were elected, subject to Council approval, has lead to protests against the
validity of the election by others in the BIA.
ANALYSIS /RATIONALE
In retrospect, City staff should not have intervened in the extension of the deadline for
nominations. There was adequate opportunity for any general members to put their names
forward. Notice was initially given on April 28 to the general membership and five (5)
emails in total were sent to the members outlining the deadline for nominations. Also, a
candidate "meet and greet" was scheduled for
Based on the results, it is the writer's opinion that there was definitely "block" voting during
the election. A substantial number of ballots contained votes for the exact same nine (9)
candidates. The reopening of the nominations facilitated a "slate" that a number of voters
cast, in toto.
Council's authority on BIA members can be summed up by quoting a couple of sections
of the Municipal Act:
Section 204(9) allows Council to refuse to appoint a person selected and may keep the
position vacant or direct that the members hold another meeting to put forward new
members for the vacancies.
Section 204(3)(a) indicates that a board of management shall be composed of one or more
directors appointed directly by the municipality.
May 30, 2011 - 3 - CD- 2011 -10
With the election, once again, called into question, options available to Council are outlined
in the sections below:
Option #1 Hold Another Election
Of course, this is an option but staff would not recommend it. With the exception of the
extension of nominations, the recent election ran smoothly. Holding another election would
be perceived as "holding an election until you get the results you want ".
Option #2: Approve the Results of May 11 -12th Election (a.k.a. to the Winners go the
Spoils)
As there were no objections to the extension of nominations, an argument can be made
that the latest protests are a matter of "sour grapes ". There is nothing prohibiting "block"
voting from taking place. Other factions within the BIA could have voted as a block also.
It should be noted that all ten (10) of the board -elect are credible candidates. Although it
could be argued that the majority of the board -elect reflects Historic Niagara interests, the
presence of three Councillors on the board should ensure that the interests of all
Downtown stakeholders are appropriately voiced.
As an aside, there was discussion that the Council representatives should not vote at the
Board. Staff has vetted this issue with the Ministry of Municipal Affairs & Housing. There
is nothing prohibiting councillors from voting at the Board level. The provision of the three
Council votes can bring some "balance" to the Board. In addition, substantial progress
has already been achieved by the general membership, Beautification Committee, which
was established at a meeting City staff attended with the BIA on March 29. The
continuation of the committee will ensure that the general membership voice is being
heard. Regardless of the option chosen by Council, staff recommends Council endorse
the committee.
If the Council was to endorse the results of the election, as is, there is a tie for ninth place.
It is staff's recommendation that Council approve the ten (10) individuals. There is nothing
in the BIA constitution addressing ties at a general election vote. Also, there is nothing
magical in the BIA having nine (9) members. When the BIA by -laws were redone in 1998,
nine (9) members was the suggestion in the uniform constitutions drafted for all local BIA's.
Since then, local BIA's have adjusted their membership numbers to fit their own
circumstances. Lundy's Lane, for example, in an effort to be more inclusive increased its
board membership to fourteen (14) members.
Option #3: Reject the "late" nominees
Council has the authority to refuse to appoint a person selected by the members of an
improvement area. Not appointing the two "late" nominees, may satisfy those protesting
their inclusion on the ballot. It would also resolve the issue of the tie for ninth place. Of
course, an argument can be made that the general membership has spoken and the "late"
nominees received a plurality of votes.
May 30, 2011 - 4 - CD- 2011 -10
Option #4: Accept the nominee who would have been elected had the "late"
nominees not been accepted
Council has the authority to directly appoint one or more directors. This authority has been
taken to mean Council representatives on a BIA board, however, that does not have to be
the case. Staff has confirmed with the Ministry of Municipal Affairs & Housing that this
section could allow Council to appoint anyone as they see fit.
With regard to the election results, Council could appoint the nominee who would have
been elected if the two "late" nominees were not on the slate. Of course, an argument
could be made that had the two "late" nominees not be on the slate, the results would have
been different (i.e., their votes may have gone to others).
Option #5: Appoint Everyone
As Council has the authority to directly appoint one or more directors, it could theoretically
appoint all of the interested individuals who put their names forward to be on the Board.
Although there may be a perception that the BIA is divisive, all nominees have the common
goal of wanting Downtown to succeed. Having an inclusive approach will combat the
perception that only the major developer's wishes are being considered by the municipality.
A twenty (20) member board could be cumbersome but there is a possibility that over time
the numbers may decrease from natural attrition.
Option #6: Choose an option for one year and investigate a "weighted" or revised
board structure
As outlined in CD- 2011 -05, the Fallsview BIA put forward a proposal guaranteeing seats
on their board for the primary stakeholders. Changes to the local board sections of the
Act, allow this possibility in other BIA's.
At the April 26 general membership meeting, there was some discussion of a "weighted"
board in the Downtown. The Hatch building contributes a third of the total levy downtown,
yet has never had Board representation, and the Historic Niagara - related properties make
up approximately a quarter of the total levy. Based on the draft minutes of the meeting,
some of the general membership seemed interested in pursuing such an option but
realized that any changes of this nature would require notice to the general membership
and such a decision was not possible spontaneously at that meeting.
If the BIA was to investigate this option, it would have to determine whether there would
be guaranteed seats at the board or some kind of weighted vote. Based on the
assessment amounts, Hatch could be guaranteed three (3) seats, Historic Niagara two (2)
seats and the general membership four (4) seats. Of course, with the Historic Niagara -
related properties all separate corporate entities, Historic Niagara- endorsed candidates
could fill the four "general" membership spots.
A weighted vote is worth investigating, if permissible under the legislation, and if it negates
the current inequity where, in essence, one individual is casting 30+ votes and is able to
disproportionately influence the outcome of the election.
May 30, 2011 - 5 - CD- 2011 -10
General Recommendations
In addition to resolving the issues surrounding the Downtown BIA election, staff is
recommending a number of other BIA - related matters to Council.
As mentioned, staff is recommending that Council endorse the general membership
Downtown Beautification committee. The committee has made progress in a relatively
short time and ensures that beautification issues are being vetted by an appropriate cross -
section of the general membership meeting.
At the April 26 meeting, the Downtown general membership approved the proposed
$403,000 budget for the BIA. It is crucial that all BIA budgets are finalized in the next
month to enable City staff to ensure the levy is added to the next tax bill.
As per the recommendation of CD- 2011 -05, that staff to work with the Fallsview BIA to
implement changes to their constitution approved at their recent general membership
meeting, a by -law is listed under the by -law section of tonight's agenda amending the
Fallsview BIA by -law. The amendment formalizes the decision of that BIA to ensure seats
to the primary financial stakeholders.
Finally, the Main & Ferry BIA has submitted their budget and board for Council approval.
FINANCIAL /STAFFING /LEGAL IMPLICATIONS
A BIA is a body corporate and its members have the authority to resolve their own issues.
Inevitably, however, the municipality is occasionally called upon to resolve disputes when
the membership is unable to do so. The suggested solutions contained within the report
are envisioned to resolve the issues in the Downtown BIA, while being in adherence to the
BIA and local board sections of the Municipal Act.
CITY'S STRATEGIC COMMITMENT
Undertake reviews of governance of committees or boards by Council.
LIST OF ATTACHMENTS
► Election results from the Downtown BIA
► Protest to results of the Downtown BIA
► Email and reply to Historic Niagara regarding the Downtown BIA election
► The submitted Main & Ferry BIA Board and budget
Recommended by: L
Dean lorfida, C Cler
Respectfully submitted: 44,-ks_
Ken Todd, Chief Administrative Officer
DI
(5/20/2011) Dean lorfida - The Results Are In... Page 1
From: Dean Iorfida
To: Downtown Board of Management
Date: 5/12/2011 5:42 PM
Subject: The Results Are In...
1. Robin Morse Hatch 92 votes
2. Joe Mrkalj Grand Central Sports Bar 74 votes
3. Roger Thompson Druxys /Cheese Truckle 70 votes
4. Dermot O'Kane Dermot O'Kane Gallery 69 votes
5. Sal DiPietro Stamford Realty 67 votes
6. Phil Ritchie 2243806 Ont Inc 60 votes
7. Arlene White Binational Econ & Tourism Alliance 58 votes
7. Linus Hand The Q Club formerly the Buttery 58 votes
9. Jessinta Joseph Hibizcus 56 votes
9. Larry Marconi Marconi Consulting 56 votes
11. David Goven Camera Place 53 votes
12. Lorrie Penteluke The Eagles Nest 50 votes
13. Nemanja Kuntos The Queens Restaurant 47 votes
14. Bert McCatty Desjardin Financial Security 46 votes
14. Kevin Clement Paris Crepes Bistro 46 votes
16. John Newby John Newby Gallery 44 votes
17. Ron Charbaonneau Property Owner 41 votes
18. Tony Barranca Hair Lovers Place 32 votes
19. Paul Tappay Pulp Comics 14 votes
20. Angela Peebles Bistro a Go Go 2 votes
As you will note there is a tie for 9th place. I had a quick look at the Downtown BIA Constitution and do
not see any provisions to break a tie at the general membership meeting. If there is, feel free to point it
out to me. If not, I would suggest it would be equitable to submit the 10 member list to City Council for
approval.
If there are no objections to the results, City staff will destroy the ballots. We will also destroy the copies
of business information provided to help verify voter eligibility.
I would like to thank all BIA staff and City staff that assisted in the election process.
Thanks
Dean
(5/24/2011) Dean lorfida - RE: The Results Are In... Page 1
From: "Dragan Racic" < dragan @drlinksinternational.com>
To: "'Nemanja K "' <nemanja.kuntos1 @gmail.com >, "'Dean lorfida "' <diorfida @ni...
CC: <jdiodati @niagarafalls.ca >, <wgates @niagarafalls.ca >, <ioannoni @niagaraf...
Date: 5/12/2011 10:21 PM
Subject: RE: The Results Are In...
Dear Mr. lorfida,
We would like to object to the official election procedure and consequently
the results after according to the following facts.
1 BIA approved new election date and procedure (see April 26 2011
Draft Minutes of the General Meeting) were it was stated clearly that anyone
that wants to be a nominee for the BIA Management Board must send their
nomination by May 4th. We were informed by the BIA office employees on May
5th who nominees were
and we had meet with the same that night in the BIA office. - Nobody had
informed that changes were allowed to the election date and procedure.
THIS WILL NOT BE ALLOWED IN ANY OTHER ELECTIONS EXCEPT APPARENTLY IN
DOWNTOWN BIA ELECTIONS.
We would like to know who has made this decision and under what authority.
2. According to e -mail distributed by BIA Office on May 9th 2011,
someone made decision to go against General Membership meeting instruction
and allowed additional nominees to be approved to run in this election.
Namely; Mr. Roger Thompson and Mr. Larry Marconi.
THESE TWO ELECTED BOARD MEMBERS CANNOT SIT ON THE BOARD SINCE THEY NEVER
FOLLOWED PROCEDURE.
We also believe that after these additional names were added to the list of
nominees voters were frustrated and discouraged to be involved in the same
process as previously disputed elections. It became obvious that after all
our hard work to make a transparent election same irregularities are still
(5/24/2011) Dean lorfida - RE: The Results Are In... Page 2
existing.
Without further in dept analysis of who's on the board or not we would like
kindly to ask you not to forward the list of elected Board Members until
this issue is resolved.
We would like to state that actions like this is what caused an uproar in
the general membership just few weeks ago and we would not be pleased to
repeat the same mistakes again leading to another uproar in the general
membership.
At this moment we would also like to thank you and city employees for
overseeing this Downtown BIA election.
We certainly hope that their hard work will not be unnoticed.
Kindest Regards,
Dragan & Nem
Original Message
From: Dean lorfida [ mailto.diorfida @niagarafalls.ca]
Sent: May -12 -11 5:43 PM
To: Downtown Board of Management
Subject: The Results Are In...
1. Robin Morse Hatch 92 votes
2. Joe Mrkalj Grand Central Sports Bar 74 votes
3. Roger Thompson Druxys /Cheese Truckle 70 votes
4. Dermot O'Kane Dermot O'Kane Gallery 69 votes 5. Sal DiPietro Stamford
Realty 67 votes 6. Phil Ritchie 2243806 Ont Inc 60 votes
7. Arlene White Binational Econ & Tourism Alliance 58 votes
7. Linus Hand The Q Club formerly the Buttery 58 votes
9. Jessinta Joseph Hibizcus 56 votes
9. Larry Marconi Marconi Consulting 56 votes
11. David Goven Camera Place 53 votes
(5/24/2011) Dean Iorfida - Re: BIA Elections Page 1
From: Dean Iorfida
To: Ken Todd; Phil Ritchie; toni @queenstreetniagarafalls.com
CC: Bob Bolibruck; Carolynn Ioannoni; Jim Diodati; Joyce Morocco; Ken Be...
Date: 5/9/2011 3:23 PM
Subject: Re: BIA Elections
Attachments: Constitution.pdf
Hi Phil:
My apologies for not getting back to you on Friday.
Once again, I have not seen the minutes/ transcript of what transpired at the general membership
meeting of April 26th but I am prepared to make some general comments.
Firstly, as anyone who has heard me speak on BIA issues knows, I am a firm believer that it is not the
municipality's role to "police" internal BIA issues or squabbles. BIA's are recognized organizations and the
members should be working within the BIA framework to resolve issues. I appreciate that recent
Downtown issues lead to some municipal intervention, if you will, however, I would argue that those
circumstances were unique.
HNDI should have vetted their concerns at the April 26th meeting. My understanding is that there was no
HNDI representation at the well - attended general membership meeting, that also had 3 City Councillors
present.
I don't see the Downtown BIA constitution being that prescriptive when it comes to the conducting of the
Board elections. I gather your argument is that the language of the Constitution seems to indicate that
the vote can only take place at a finite General membership meeting. Perhaps, but my understanding of
what is being proposed for the election and nomination of board members will actually encourage greater
participation in the vote, which should always be the goal of any election, BIA or otherwise. Government
elections have advanced poll dates. I think having the election over two days is a great idea, as is,
having the membership aware of who is running beforehand, as opposed to waiting for nominations on
the floor. The Lundy's Lane BIA followed a similar nomination process this year.
It is my understanding the decision to hold the election over two days and have "pre- nominations" was
approved after motions were put forward, duly seconded and voted on at the last general membership
meeting.
It should be noted Constitutions are always subject to amendment and bodies can suspend their own
rules, when appropriate.
As for the budget, if I am not mistaken, the budget has now been brought forward to the general
membership twice, voted on and approved. I am not sure a third vote serves any purpose. I would hope
that the BIA has enough checks and balances in place that there should be no issue regarding the
financial integrity of the elected Board members. Also, as I often remind BIA's that the annual budget is
a "road map" for the given year. The Board can decide to not go ahead with certain expenditures if they
are not prudent.
As for the election process being managed by the BIA staff. I am not sure what that means exactly. I
would hope that the general membership would be operating under the premise that its staff is honest
and honourable. Nonetheless, I know overtures have been made to ensure City staff is present.
Phil, I appreciate the concerns, however, they would have been more appropriately aired at the last
general membership meeting. I would suggest that HNDI go into the election with an open mind, not
presuming the worst. Once again, Niagara Falls City Council's authority under the Municipal Act allows
(5/24/2011) Dean lorfida - Re: BIA Elections Page 2
Council to refuse to appoint a person selected and may keep the position vacant or direct that the
members hold another meeting to put forward new members for the vacancies.
Thanks
Dean
»> "Phil Ritchie" <pwritchie @pwritchie.com> 5/4/2011 2:01 PM »>
Hi Ken and Toni
We look forward to settling the BIA directors issue. We have much work to do
in the entire district.
HNDI does support a new election however the process must adhere to our
constitution.
The BIA constitution is quite clear in describing how elections are to be
held. The time tested process allows for inclusiveness and transparency.
To resolve this process we request three substantive changes:
1. As noted in the BIA Constitution Section II, point 3, the vote
needs to happen at a General Membership Meeting. The vote needs to follow
the protocol noted, not managed be by BIA office staff... over two days, and
without an opportunity to nominate from the floor. I am not sure how after
all of the hoopla surrounding the previous Board election a group came up
with a suggested process like this... I don't think we should simply abandon
the constitution we will be open to challenge for ages. This includes the
notice requirements of two weeks.
2. The General Membership Meeting needs to also re -vote on the budget.
We believe that stakeholders do consider who the board is when they make a
decision to contribute to the BIA budget. It is unfair and unrealistic to
not tie the two decisions together.
3. The process needs to be monitored by city staff...eg Dean
As a suggestion, the voting counts should be kept confidential, it may not
be stated as such in the constitution, but the entire concept of casting
ballots is rooted in confidentiality.
(5/24/2011) Dean Iorfida - Re: BIA Elections Page 3
We have discussed this with counsel and will legally challenge the validity
of the current suggested process if we can't resolve these basic items. I
am certain most reasonable folks would agree that these 3 items are
extremely reasonable.
We would request that this position is communicated to all BIA stakeholders
to avoid wasting time unnecessarily.
In good faith, and in support of searching for board candidates I will put
my name forward today in time to meet the staff noted deadline of 4 pm.
Regards,
pw
Phil Ritchie COO
Historic Niagara Development Inc.
4681 Ontario St. Niagara Falls. L2E 3R1
Phone 905 353 -9555 xt 224 • Fax 905 353 -1855 •
< http:// www .queenstreetniagarafalls.com /> www.queenstreetniagarafalls.com
(I read and respond to email twice per day)
(5/24/2011) Dean lorfida - Main & Ferry BIA Budget and Board Page 1
From: Janice Wing <janice_wing @cogeco.ca>
To: Dean lorfida <diorfida @niagarafalls.ca>
CC: Ruth Ann Nieuwesteeg < ruthann @pattersonfuneralhome.com>
Date: 5/13/2011 12:41 PM
Subject: Main & Ferry BIA Budget and Board
Attachments: Main & Ferry BIA 2011 Budget.doc; Part.002; officers and board 2011- 12.doc
Hi Dean,
The Main & Ferry BIA held its Annual General Meeting yesterday. Please find attached the 2011 Budget
and list of officers and directors as per that meeting's approvals.
Please note that an amendment to the BIA's governing document was also approved. The number of
directors at large has been increased so that this is now a 13- member Board, as opposed to being the
11- member Board it was previously. One of the new seats is as yet unfilled, pending confirmation that a
gentleman who had to leave the meeting early is still interested in serving on the Board.
janice
(5/24/2011) Dean Iorfida - Main & Ferry BIA 2011 Budget.doc Page 1
4 NIAIT Si FERRY
B SI\ESSLIPROvEME\TASSOCIATIO\
(io6o m.A I\ ST. NIAGARA FALLS, ()NT. L?(= 5Z9
2011 BUDGET
REVENUES
ES
2011 Levy S55,000
EXPENDITURES
Beautification & Revitalization $4.900
Directors` Insurance 2.000
Auditor's Fee 2,000
Advertising 5.000
Miscellaneous 100
TOTAL S55,000
Total funds in Reserves as of 31 March 2011: S228,205.62
(5/24/2011) Dean lorfida - officers and board 2011- 12.doc Page 1
MAIN Si FERRY
B USI\ESSLIPROVENIENTASSOCIATION
(il)(i() NI_■I\ ST. NIAGARA FALLS. O\T. L2(i 5z..S)
Officers and Board members for 2011 -2012
As appointed at the Main & Ferrm BIA AGM held 12 Ma■ 2011
Chair: Ruth Ann Nieuwestee
6060 Main St. Niagara Falls. ON [26 5/9
Telephone: (905) 358 -3513 Fax: (905) 358 -6863
Vice- Chair: Anthony Pingue ((representing 5928 Sylvia Place)
5485 Ferret St A iagara Falls. (-)A 1 2G PS;
i
Treasurer: Darlene Costello
5 990 \lain St. \iagara Falls. O\ 1 5/8
Secretary: Councillor Janice Wing (Cit Council appointee 2010 -201 -h
5993 Rarker Si. _ Aia Falls_ O\ f 2C; 15
Directors: Glen Burkholder
591' lain St. Niagara Falls_ ON PG 57'
Geoffrey Chapman (representing 5906 Main Street)
615 ± lain St. \iagara l ails. ON L 2G A3
Victor DeCaria
5964 Main St. \iagara Falls. O\ I 2 5l_8
Victor Fraone
6 \lain St. \iagara Falls. ON [2(4 5/_9
Tanya Huggins
6034 lain St. Niagara Falls- ON L2(i 5/9
Vijay Kapur
5824 \lain St. Niagara Falls. ON [2(4 575
Mart Petr-_::'L
Sheana Scordas
5'(5 Fern St, \ia° alli 33 L.2G I7�
wilt 11
CITY OFD 4 _CANADA
N IAGARA FAILS
The City g of Niagara Falls, Ontario
Resolution
No.
Moved by Councillor
Seconded by Councillor
WHEREAS all meetings of Council are to be open to the public: and
WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject
matter falls under one of the exceptions under s. 239(2) of the .14unicipal Act, 2001.
THEREFORE BE IT RESOLVED THAT on May 30, 2011 Niagara Falls Council will go into
a closed meeting to consider a matter that falls under the subject matter of 239(2)(f). to receive
advice subject to solicitor- client privilege, and 239(2)(c). pending disposition of land.
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA JAMES M. DIODATI
CITY CLERK MAYOR