The URL can be used to link to this page

2011/06/13COUNCIL MEETING Monday, June 13, 2011 Order of Business and Agenda Package Niagaraa11s 1 , \ , I Niagara to GTA Corridor Study COUNCIL MEETING June 13, 2011 PRAYER: Councillor loannoni ADOPTION OF MINUTES: Council Minutes of May 30, 2011 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS/ PRESENTATIONS Mayor's Youth Advisory Committee Members of the Mayor's Youth Advisory Committee will update Council on their activities over the past school year. Shannen's Dream Local youth, Wes Prankard will inform Council of his fundraising efforts to build a playground for First Nation children in Attawapiskat. Italian Heritage Month Sarah Vazquez and Sue Forcier, of the organizing committee, will inform Council of the Italian Heritage Month festivities scheduled for Club Italia on Sunday, June 26. Eric Flora, Senior Policy Advisory, Ministry of Transportation and members of the project team will update Council on the draft recommendations and next steps on the Niagara to GTA Corridor Study. AM- 2011 -03, 4709 Dorchester Road In light of the cancellation of the public meeting on the matter noted above, Victor Muratori, agent for the applicant, River Realty, would like to request fixing a specific date for the rescheduled meeting. WATER/ WASTE WATER MATTERS 1. MW- 2011 -14 - Water and Wastewater Service Delivery Review Region of Niagara P3 Canada -AND- 2 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Ontario Korean Businessmen's Association - requesting the sale of beer and wine in convenience stores. RECOMMENDATION: For the Consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS 1. MW- 2011 -25 - Niagara Falls Soccer Club Indoor Facility Proposal 2. MW- 2011 -26, P3 Canada Fund Applications THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Sylvia Place Market and Bus Terminal, Niagara Falls Soccer Club Indoor Facility Proposal, Fruitbelt Parkway Road Reconstruction Project, Mewburn Road Bridge Replacement Project, Lundy's Lane Gateway/Walkway Project and Chippawa Boat Dock Project as a projects for consideration under the P3 Canada Fund. F- 2011 -26 - 2011 Debentures F- 2011 -27 - Major Receivables (May) 3 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. MW- 2011 -06 - Fruitbelt Parkway Reconstruction Project, Cotton Construction Development Agreement PD- 2011 -33 - CB &FIG- 2011 -001, Commercial Building & Facade Improvement Grant Application, Aleksandra Stojanovic & Damir Trninic, 5725 Robinson Street PD- 2011 -38 - Matters Arising from Municipal Heritage Committee R & C- 2011 -10 - Request to Name Section Four of the Millenium Trail L- 2011 -12 - General Insurance and Risk Management Program RFP (Handout) BDD- 2011 -05 - Scotiabank Convention Centre Design Build RESOLUTIONS THEREFORE BE IT RESOLVED the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further, that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed. 2. THEREFORE BE IT RESOLVED that the Canadian Veterans National Rendezvous is a community event deserving of City Council support. -4 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2011 -77 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited, Taxi Stands, Yield Signs at Intersections, Pedestrian Crossing Prohibited.) 2011 -78 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) 2011 -79 A by -law to amend By -law 98 -226, being a By -law to designate an area as an Improvement Area and to establish for such area a Board of Management. 2011 -80 A by -law to authorize the execution of an Agreement with Meridian Credit Union and Kate S. Durdan Public School respecting the Adopt -A- Street/Park/Trail public service program for volunteers. 2011 -81 A by -law to authorize the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality ") Related to Funding Provided by the Province of Ontario (the "Province ") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program 2011 -82 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13' day of June, 2011. NEW BUSINESS From: Carey Campbell To: Dean Iorfida CC: Beth Angle; Paul Brown Date: 3/3/2011 2:15 PM Subject: mayor's youth request (3/15/2011) Dean Iorfida - mayor's youth request Page 1 Hi Dean: Please accept this request from the Mayor's Youth Advisory Committee to make a presentation to City Council. They wish to make a presentation to Council on April 4th to discuss their support of multi -use recycling receptacles in the City. They have been working with Transportation Staff, subsequent to the RFP results and would like to present their proposal and their ideas for ways to support this to Council. Looking ahead, they would like to make their annual "end -of- year" presentation to Council at the June 13th meeting. Please let me know if these dates work. Thanks! carey (6/8/2011) Dean lorfida - Re: Your invitation to Wesley Page 1 From: Jim Diodati To: bprankard @gmail.com CC: Dean Iorfida Date: 5/31/2011 8:23 AM Subject: Re: Your invitation to Wesley Hi Bob: Thanks for your note and your update on Wes' efforts. It's much appreciated. I've copied my response here to our City Clerk, Mr. Dean Iorfida, who schedules delegations for the Council Agenda. I'll ask him to be in touch with you to discuss scheduling and to connect should he require any further information from you. Again, Bob, thanks for connecting. All the best to Wes and we'll see you soon! Jim MAYOR JAMES M. DIODATI City of Niagara Falls 4310 Queen Street PO Box 1023 Niagara Falls, ON L2E 6X5 905.356.7521 X 4201 jdiodati @niagarafalls.ca »> "Bob Prankard" <bprankard(agmail.com> 5/30/2011 2:32 PM »> Hello Mr. Mayor, Thanks again for attending the Celebration of Wes's Campout this past March. It meant a lot to Wes and everyone else involved. I wanted to follow up with you in regards to your invitation to have Wes at an upcoming council meeting. Today is the anniversary of Shannen Koostachin's tragic death. Shannen was a 15 year old advocate and a prominent spokesperson for a school in her community. Her amazing life was cut down short in a car accident while attending school hundreds of miles from her home. Her dream for equitable education for First Nation kids did not die with her. A grass roots movement has sprung up and youth, adults, aboriginal and non - aboriginal are picking up where Shannen left off. Wesley has become a vocal spokesperson for Shannen's Dream and I know he would love the opportunity to address you and council about the issues. Currently he is busy raising the last $10,000 needed to build the playground in Attawapiskat. It is being erected at the end of June (once Wes is out of school). If there is time in the June 13` agenda, that would work out perfectly. I look forward to your response. Warm Regards, Bob Prankard (6/8/2011) Dean lorfida - Page 1 From: "Sarah Vazquez" <sarahv @niagarafallshotels.com> To: <diorfida @niagarafalls.ca> Date: 6/8/2011 10:29 AM Dean, I am requesting to attend council meeting on Monday, June 13 to make a deputation I believe its called for Italian Heritage Day to be held at Club Italia on Sunday, June 26. Please advise, thanks. Sarah V. Vazquez Vice - President, Business Development and Marketing Canadian Niagara Hotels 5875 Falls Avenue I Niagara Falls I Ontario I L2E 6W7 telephone 905.374.4446 x.4184 I facsimile 905.371.8349 < http : / /www.niagarafallshotels.com> www.niagarafallshotels.com (6/8/2011) Dean lorfida - council meetings Page 1 From: Marzenna Carrick To: Dean Iorfida CC: Eric Flora (MTO); Karl Dren Date: 5/12/2011 11:07 AM Subject: council meetings Hi Dean As previously co- ordinated the NGTA project team will be attending the council meeting on June 13. In order to provide City Council with a comprehensive overview of the draft TDS recommendations and next steps, they are requesting a 20 -30 minute presentation time followed by a Q&A period. They have indicated that a shorter timeframe can be adhered to, if necessary, but would prefer to provide a complete overview. Eric Flora, Sr. Policy Advisor at the MTO is the NGTA contact. Would you please provide Eric with the meeting details once confirmed. thanks, Marzenna (6/8/2011) Dean lorfida - RE: NGTA Page 1 From: "Flora, Eric (MTO)" <Eric.Flora @ontario.ca> To: " Marzenna Carrick" <mcarrick @niagarafalls.ca> CC: "Dean lorfida " <diorfida @niagarafalls.ca> Date: 5/10/2011 12:00 PM Subject: RE: NGTA Marzenna: I have confirmed that the NGTA project team will attend the June 13th Council meeting. I will provide the names of the presenters in advance of the meeting, once confirmed. Please remind me about this. Thank you Eric/ Original Message From: Marzenna Carrick [mailto :mcarrick @niagarafalls.ca] Sent: May 9, 2011 3:51 PM To: Flora, Eric (MTO) Subject: NGTA Eric, This is further to our meeting in April and discussion regarding the study team providing an overview of the draft work plan to city council. Provided that it is suitable to your team, city clerk - Dean has requested that it be included on the June 13 council agenda. The meetings typically start at 6:30 pm with presentations /delegations held near the start. I presume that the offer to present to city council is still available and if so advise whether this day and time is suitable. Also, would you let me know your time needs for the presentation. Regards, Marzenna Carrick, C.E.T. Manager of Transportation Engineering Transportation Services tel. 905 - 356 -7521 ext 5204 fax. 905 - 356 -7404 The Honourable Kathleen O. Wynne Minister of Transportation Ferguson Block. 3rd Floor 77 Wellesley St W Toronto ON ti17A1Z8 Dear tilinister: Niag araa11s February 8, 2011 Re: Niagara to GTA (Mid- Peninsula) Corridor With recent comments by Provincial and local area politicians. regarding the possibility of reyi' ing the concept of a new highway from Niagara to the Greater Toronto Area (GTA). Niagara Falls City Council vranted to go on record restating the municipality's longstanding position opposed to any new highway sy stem As in the past. the Council feels that any new highway NA, ould be costly and potentially detrimental to good agricultural land in Niagara. In addition_ past motions of Niagara Falls City Council have called for the expansion of existing highway systems and examination of other modes of transportation. such as enhanced GO service, It should be noted. Niagara Falls City Council is not opposed to current expansion of Highway 406 by the Ministry of Transportation or the Niagara Regions efforts to provide links to existing road net\yorks in South Niagara Sincerely. Dean Iorfida City Clerk c. Tim Hudak. M.P.P.. Niagara West - Glanbrook. Leader, Official Opposition Gary Burroughs. Regional Chair. Regional Municipality of Niagara Working Together to Serve Our Community Clerks Department Ext 4271 Fax 905 - 356 -9083 diorfida @niagarafalls.ca Ministry of Ministere des Transportation Transports Office of the Minister Bureau du rmnistre Ferguson Block, 3rd Floor 77 Wellesley St West Toronto, Ontario M7A 1Z8 416 327 -9200 www.mto.gov.on ca Sincerely, Kathleen Wynne Minister Edifice Ferguson, 3° etage 77, rue Wellesley ouest Toronto (Ontario) M7A tZ8 416 327 -9200 www.mto goy on ca MAR 0 7 2011 RE: Niagara to GTA Corridor Planning and Environmental Assessment Study Release of the draft Transportation Development Strategy report www.Niagara- GTA.com Ontario The Ontario Ministry of Transportation (MTO) has released its draft Strategy on Phase 1 of the Niagara to GTA (NGTA) Corridor Environmental Assessment (EA) study. The purpose of the study is to provide a plan for future transportation capacity within the NGTA study area in support of the provincial Growth Plan for the Greater Golden Horseshoe. The draft Strategy report recommends transportation improvements for the entire study area; some are short term while others are medium to long term. Shorter term actions include: adding more transit service in the area, managing traffic on existing roads and highways more effectively, reducing travel needs by creating better altemative choices, known as transportation demand management techniques. Medium to longer term initiatives include: expanding existing roads and highways, adding High Occupancy Vehicle (HOV) lanes and transit by -pass lanes on provincial highways, and planning for increased network connectivity by identifying multi -modal transportation corridors for the long term future. In the Hamilton - Halton section of the study area, the draft Strategy recommends additional analysis to further assess and evaluate transportation options. After extensive public consultation, the study team has heard the desire for further analysis and consultation. The study team will analyze the impacts of environmental, community and economic factors in this area, and consult further prior to bringing forward a final recommendation for this area. The additional analysis will incorporate an evaluation of the relative advantages and disadvantages of alternatives to increase capacity in this section of the study area. This further study is expected to take 1 -2 years following the 90 -day review period for the draft Strategy report. We invite public comment at this time on the entire draft Strategy report as well as on the recommendation for further study of the Hamilton - Halton section of the study area. Of course, additional consultation would be an important part of the further study referenced above. Your input on the draft Transportation Development Strategy report is appreciated, as it will help guide the study team in their next stage of work. The draft Strategy is available for review on the project website www.Niagara- GTA.com. If you would like to discuss the contents of the report, or require clarification, please do not hesitate to get in touch with the study team. Niagararnlls Notice of Cancellation of Public Meeting Due to the need to gather more information, the planned public meeting related to the application noted below, scheduled for the City Council meeting of Monday, June 13 at 6:30 p.m., will be deferred until a later date. 4709 Dorchester Road (Roll No.: 2725 -050- 005 - 09800), (Optimist Club Property) Official Plan and Zoning By -law Amendment Application — File: AM- 2011 -003 Draft Plan of Subdivision —File: 26T- 11- 2011 -01 Future notification will be given to the public on when the matter will be rescheduled. Dean lorfida City Clerk May 31, 2011 SENT BY E -MAIL City of Niagara Falls City Hall Box 1023, 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Ken Mech, Planning Department Dear Mr. Mech: V F Muratori, 0. J M. :;ottii S. J Premi M F Adams P 3 Bedard R. 3 Culliton C D'Angeio L. K. Parsons ULLIVAN MAHONEYILP • LAWYERS t. h Re: 4709 Dorchester Road Your file: AM- 2011 -003 and 26T -11- 2011 -01 Our Client: River Realty Development (1976) Inc. Our File No.: 89364 Reply to St. Catharines Office VICTOR F. MURATORI, Q.C. Direct Line: 905.688.6616 Facsimile: 905.688.5814 of nuratori(a?sullivan- mahoney.com This letter references our telephone conversations of both today and Monday, May 30 2011. As a result of those conversations and as agreed upon, this letter may be considered a formal request on the part of the applicant to defer consideration of the above - mentioned applications and the statutory public meeting which was to have taken place on Monday, June 13 2011. We agree with planning staff that there is a need to complete the further infouitation required by staff to finalize their Recommendation Report to Council. It is on that basis that we are making this request. The writer will appear to speak to this matter on Monday, June 13 2011 and will request the fixing, by Council, of a specific date for this matter to be dealt with at the adjourned statutory public meeting. 40 Queen Street, PO Box 1360, St, Catharines, Ontario L213 632 Telephone: 905.688.6655. Facsm le 905.688 5814 4781 Portage Road, Niagara Faits, Ontario L2E 631 Telephone. 905.3570500, Facsimile. 905.357 0501 www. sullivan- mahoney.com T A Richardson P M. Sheehan W B. McKaig J. R. Bush P A. Mahoney B. A. Macdonald R. Vacca T. Wall K. A Book J. P Maloney M. 0 Atherton J. McNulty Counsel (Commercial Law): M.D KI Iuck J. Dalai M. J Bosom: B J Troup J. A Butiin D A. vcslin G. W McCann D M. `Miller A Kapend On that basis and so that we have a complete and up -to -date report, we request that the formal report by planning staff be postponed to that deferral date. Should you have any questions please do not hesitate to contact the writer. Yours very truly Sullivan IV Per: V VFM:cd C.C. uratori - 2 - Dean Iorfida, City Clerk (City of Niagara Falls) Ken Todd, Chief Administrative Officer (City of Niagara Falls) John Mestek, River Realty Development (19 76) Inc. Niagaraaalls ( l Y l 11 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department and Finance Department SUBJECT: MW- 2011 -14 Water and Wastewater Service Delivery Review Region of Niagara RECOMMENDATION EXECUTIVE SUMMARY MW- 2011 -14 June 13, 2011 1. That the City of Niagara Falls not support the Terms of Reference as presented, but instead recommends,that if a study is to be undertaken, the Terms of Reference be expanded to include a more comprehensive analysis of all practical service delivery models, and further that, 2. That the study process involve a steering committee, comprising elected officials from each Area Municipality, and a technical advisory committee, comprising municipal staff from Area Municipalities, to facilitate the collection of the necessary data and to ensure transparency, accuracy and objectivity. Regional Council has directed their staff to prepare Terms of Reference (TOR) for a review of the local municipally -owned and operated water distribution and wastewater collection systems with the purpose of collecting information and considering the tangible and intangible benefits of moving to a consolidated delivery system across the Niagara Region. The draft TOR was received in April for comments by Area Municipalities and the deadline for comment was extended to June 17, 2011. The purpose of this report is to consider the scope of this review and to provide the City's input as to what should be included in the exercise. The Terms of Reference state specifically that different models of consolidated service delivery are to be identified and evaluated however, "a recommendation as to the preferred model is not a requirement of the Review'. The intent of the Review is to target both fiscal and operational aspects of service delivery. The budget established for this review is approximately $100,000. In 2009, the City of Niagara Falls completed a Service Delivery Review of its water and wastewater operations and has implemented the recommendations. Recently the City of Niagara Falls received full accreditation for its Drinking Water Quality Management System - Operational Plan from the Canadian General Standards Board. June 13, 2011 - 2 - MW- 2011 -14 City staff does not object to any review of the water or wastewater systems. In fact this initiative is consistent with our continuous improvement model. Infrastructure Sustainability is a Strategic Priority for this Corporation. Staff is concerned that the scope of the proposed TOR is not sufficient to examine the full consequences — both immediate and long term — that could result from the consolidation of water and wastewater services. Key issues, such as, 1) control of local land use and economic development, 2) control of local infrastructure investment decisions, 3) full review and impact of the unique staffing models amongst local municipalities whereby staff is integrated in non -water services, any consolidation may result in unexpected impacts on delivery of other municipal services, 4) full impact of consolidation on the financial position of the local municipality must be considered as any change will impact municipal revenues, debt capacities, and reserves among others, 5) the valuation and compensation of infrastructure assets resulting from any transfers, 6) future governance. These are all matters that will be precipitated by this initiative. Without due consideration for these, and other issues, the proposed review will be an exercise that may not focus on both operational efficiency and delivery effectiveness. Accordingly, staff is suggesting that the City of Niagara Falls recommend to the Region that they consider proceeding with a more detailed comprehensive Review that examines the consequences and impacts of any conclusions in a more transparent and interactive way. In addition staff is also recommending that a member of Council be appointed to the project steering committee to facilitate the reporting and communication process and to ensure that this initiative is transparent and customer - centric. Staff is also recommending that a technical steering committee comprising representatives from local municipalities be established. BACKGROUND At its meeting held on May 5, 2011, Regional Council approved the recommendations of its Public Works Committee with regard to report PWA 26 -2011 (revised) which included provisions for a 2 -week comment period from Area Municipalities. This comment period has subsequently been extended to June 17, 2011. A copy of the report is appended as Attachment 1 for your reference. Niagara Region staff acknowledges in the report that "a budget of $100,000 will not permit a detailed financial analysis and will leave some questions and analysis open for interpretation and further review." It is also noted that reviews completed in the late 1990's did not include a more in -depth analysis resulting in ambiguous and inconclusive results. June 13, 2011 ANALYSIS /RATIONALE Staff is always concerned about the optics of studies that recommend more studies are conducted. Moreover, if this exercise is truly intended to determine what is best for our customers, it is essential that a full and in -depth operational and financial analysis is completed. In achieving this objective it will be necessary to share all of the relevant operating costs, including water and wastewater treatment costs. The present billing methodology of charging uniform rates to all municipalities does not reflect the local cost of Regional Services within local municipalities. While it is not clear what is driving the need to review this issue, the draft TOR appears to be heavily biassed toward a consolidated service delivery model solution. In the case of Niagara Falls, staff is confident that our customers are well served. Any operational efficiencies that might be attained through better coordination with Regional Niagara staff should be pursued in any case. Water Treatment Plant system pressures, chlorine residual issues, wet weather and combined sewer overflow issues are all matters that can be resolved through communication not necessarily consolidation. Beyond the realm of water and wastewater service delivery is the question of the role of Area Municipalities if these services are removed from their control. Land Use Planning decisions rely heavily on the availability of municipal water and sewer services and, by subrogating decisions regarding the timing of infrastructure investments to another entity, Area Municipalities could be relinquishing their ability to make local planning and infrastructure decisions. While each Area Municipality is different, many have integrated workforces that provide cross - functional services. It is possible, depending on the complexity of their respective maintenance management systems, to quantify the amount of time allocated to water and wastewater activities, however; it may be difficult to accurately factor in overhead costs associated with training, licensing, vacation relief and seasonal demands. Caution should be used when making comparisons based on assumptions. FINANCIAL IMPLICATIONS CITY'S STRATEGIC COMMITMENT - 3 - MW- 2011 -14 The City of Niagara Falls is committed to developing a fiscally sustainable water and waste water municipal system for its ratepayers. The City of Niagara Falls has invested significantly in infrastructure renewal on both the water assets and waste water assets in the last decade. The Net Book Value of municipal infrastructure (water, sewer and storm) in the City of Niagara Falls was $328,535,000 as of December 31, 2009. This recommendation is consistent with Council's Strategic Priority to undertake reviews to improve infrastructure sustainability and financial stability. June 13, 2011 LIST OF ATTACHMENTS 1. Letter from Regional Clerk, dated May 10, 2011. Recommended by: Recommended by: Respectfully submitted: 1 - 4 - MW- 2011 -14 Geoff Holman, Director of Municipal Works i r odd Harrison, Director of Finance Ken Todd, Chief Administrative Officer Niagara . f Region May 10, 2011 AREA MUNICIPALITIES - SENT ELECTRONICALLY Terms of Reference for Water/Wastewater Review - Niagara PWA 26 -2011 Revised Office of the Regional Clerk 2201 St David's Road, P 0 Box 1042, Thorold ON L2V 4T7 Tel: 905- 685 -1571 Toll -free: 1 -800- 263 -7215 Fax: 905 - 687 -4977 kevin.bain @niagararegion ca www niagararegion ca CL 6 -2011, May 5, 2011 PWC 6 -2011, April 26, 2011 Report PWA 26 -2011 Revised Regional Council, at its meeting of May 5, 2011, approved the following recommendations of its Public Works Committee: That Report PWA 26 -2011 REVISED, April 26, 2011, respecting the Terms of Reference for Water/Wastewater Review - Niagara, be received as amended; That Council approve the Terms of Reference for the Water/Wastewater Review - Niagara, as drafted (Appendix A), also referred to as "the Review" and that the Terms of Reference include the following basic principles: All rate payers will be treated fairly and their investment protected Reserves and reserve funds for each municipality will be used for work in the contributing municipality - maintaining and improving infrastructure and service delivery Review and planning processes focus on future service delivery All service delivery options will be given full consideration until deemed otherwise by the Project Committee and Council Investment in infrastructure will follow a logical process characterized by alignment of Lower Tier and Regional capital project planning - with timelines that respect the budget processes of all project partners Create customer - first water and wastewater systems Page 1 of 2 Building Community. Building Lives Yours truly, Commit to continuous improvement Terms of Reference will align with Provincial Policy move toward self - funding of water; and That all partners be held to the self-funding requirement That the Commissioner of Public Works and Commissioner of Corporate Services be delegated authority to finalize the Terms of Reference for the Review, for the purposes of retaining a consultant or consortium of consultants, based on direction of Council, to undertake a conceptually focused Review. That a proposed schedule of events be completed and included in the Terms of Reference for Water/Wastewater Review- Niagara. That this report be circulated to Area Municipalities for review; and That Area Municipalities submit their comments respecting the Terms of Reference for Water/Wastewater Review — Niagara to the Region within a 2 week time period. That a Task Force be formed to include a minimum of 4 Regional and 4 Municipal Councillors, to assist in the oversight of the Terms of Reference for Water/Wastewater Review — Niagara award has been struck. A copy of Report PWA 26 -2011 Revised is enclosed for your information,. Jdnet Pilon Deputy Regional Clerk :cjp cc: Mr K Brothers, Commissioner Public Works Ms R Barany, Administrative Assistant to the Commissioner Public Works Ms B Matthews - Malone Director Water and Wastewater Services Mr M Roach, Manager, Public Works Financial Services Page 2 of 2 Niagarallre Region REPORT TO: Chair and Members of the Public Works Committee REVISED PWA 26 -2011 April 26, 201 1 SUBJECT: Terms of Reference for WateriWastewater Review - Niagara RECOMMENDATION(S) That this Committee recommend to Regional Council; That Council approve the Terms of Reference for the Water/Wastewater Review Niagara, as drafted (Appendix A), also referred to as the Review That this report be circulated to Area Municipalities for information EXECUTIVE SUMMARY FINANCIAL IMPLICATIONS 1 That the Commissioner of Public Works be delegated authority to finalize the Terms of Reference for the Review, for the purposes of retaining a consultant or consortium of consultants, based on direction of Council, to undertake a conceptually focused Review Regional Council directed that a Review ( "the Review ") of Water and Wastewater (sewer) activities within Niagara be undertaken Terms of Reference (TOR) for the Review have been drafted and included herein for consideration by Committee and Council The Region's 2011 Water and Wastewater Services Operating Budgets include an allocation of $100,000 to undertake this Review The draft scope of work has been developed considering this limited budget, as well as the BRCOW January 13th, 2011 motion requesting that the findings of the Review be reflected in the 2012 Budget. This approach is considered to provide a more strategic, conceptual level of review with recommendations based on Best Management Practices for a consolidated service delivery It should be noted that a budget of $100,000 will not permit a detailed financial of analysis and will leave some questions and analysis open for interpretation and further review While this conceptual Review will not provide detailed financial and technical reviews for each of the stakeholders, it is anticipated that it will provide sufficient information to enable Council to consider next steps, such as status quo ", or direction to develop a full business case with one or more stakeholders There is concern that a more conceptual review may not be considered thorough enough to reflect the nuances of existing operations A more detailed and comprehensive Review may be preferred A10 -12 month duration to undertake a more rigorous Review, would have an estimated cost significantly more than the budget estimate of $100,000 This would allow for a more detailed and interactive approach with stakeholders This detailed assessment could be considered as a Phase 2, or second option to staffs recommendation A comparative undertaking is Water and Wastewater Benchmarking in Ontario For OMBI benchmarks, information is retrieved from Municipal Financial Information Reports to generate benchmarks At a national level, the Water and Wastewater Benchmarking initiative was undertaken by a common Consultant, involving municipal representatives at their municipalities, gathering and jointly interpreting the data used for development of national benchmarks Both approaches provided benchmarks at two levels of detail It is acknowledged that a detailed financial Review would provide a more comprehensive and transparent analysis It must also be recognized that some concerns and questions may still remain, as shown during the 1997 and 1998 reviews It is anticipated that some of the major areas of concerns for stakeholders will include: Financial Information Analysis: 2 REVISED PWA 26 -201 1 April 26, 2 01 1 • In the recommended scope, Financial Information Reports, Financial Plans (water only for the majority of stakeholders) and budget/rate reports will be reviewed by the Consultant The data provided within these reports may be considered insufficient to result in definitive financial savings or impacts A more detailed financial Review (Phase 2) would allow for more one-on -one interaction with the stakeholders to refine these inputs, following the conceptual approach scope and following a Council directive to proceed with a more detailed financial review • Regardless of the conceptual or detailed financial assessment approach, it will be necessary to estimate potential savings such as those related to wages, supplies, capital expenditures and reserves This was an area of concern with the 1998 undertaking Cross Functionality and Multi- tasking of Staff and Equipment: REVISED PWA 26 -2011 April 26, 2011 • Staff may not be solely dedicated to water distribution and /or sewage collection within the Area Municipalities Front line staff and equipment may also support parks and recreation, cemetery, roads, and /or storm sewer operations and maintenance Office staff may also support financial, legal, information technology and human resources for other areas of the operation PURPOSE While the more conceptual Review would consider the number of staff and support resources required for the consolidated model, the more detailed Phase 2 Review would attempt to quantify impacts to resources and potential impacts to the levy program It should be noted that the 1997 review started as a more conceptual review, but was expanded to a more detailed undertaking to address stakeholder concerns in 1998 The purpose of the report is to ensure that staff has appropriately captured the intent of the Council motion to undertake the Review The proposed approach and content of the Water & Wastewater Review - Niagara ( "the Review ") is outlined in Appendix A. BACKGROUND The following motion was passed at the BRCOW January 13, 2011 meeting; That the Region pursue a Municipal /Regional Fiscal Service Review that includes the participation of the Area Municipalities, That the review should include the water and sewer utility opportunity, and That the affect of this review be reflected in the 2012 Budget Draft Terms of Reference (TOR) for retaining a consultant, or consortium of consultants, to undertake this Review have been drafted, for consideration of Committee and Council prior to release (see Appendix A). REPORT The draft Terms of Reference include review of the direct, indirect, tangible and intangible inputs, outputs and outcomes associated with providing water and wastewater (sewer) services within Niagara (i e the short -term and long -term qualitative and quantitative aspects associated with providing Niagara's water and wastewater services) It does not 3 REVISED PWA 26 -2011 April 26, 2011 request that a specific governance model be recommended at this point of the undertaking, nor are storm sewer networks included in the review Information from each of the Niagara Area Municipalities will be requested to assist in the Review As per previous undertakings, including the comprehensive reviews in 1997 and 1998, it is recognized that partner municipalities may have difficulty in providing all or part of the information requested, or may not agree with estimated savings. This could present some challenges or questions regarding the findings, as per previous service review undertakings In addition to requesting information from each of the municipalities, the Consultant(s), through the TOR, are being requested to obtain information from all known sources, including Financial Information Reports, Financial Plans, Ontario Municipal Benchmarking, the Municipal Performance Measures Program and any other available sources For information /data 'gaps', the Consultant is requested to provide estimates based on known infrastructure inventories. Depending on the approach taken, a more detailed (Phase 2) undertaking is anticipated to produce less data 'gaps' and allow for more interaction and investigation with stakeholders The Consultant's or Consortium's assumptions must be identified and substantiated based on Best Management Practices and relevant experience pertaining to water and wastewater service delivery, While attempts will be made to confirm or vet assumptions with the partner municipalities, it should be recognized that all information may not be available for the study Concern with data accuracy was a complaint of previous undertakings and should be noted as a potential concern prior to the undertaking. Under the recommended conceptual approach, efforts will be undertaken to confirm data accuracy within a reasonable timeframe However, it may be necessary to incorporate assumptions based on Best Management Practices for the purposes of the study scope A more operational, detailed approach of a Phase 2 assessment would allow for more one -on -one interaction between the consultant(s) and the stakeholders to eliminate or reduce the information gaps The consultant will include a meeting with Area Municipalities, to verify the information and assumptions in a draft version of the report, and provide an opportunity for comment regardless of the approach used The recommended Review will include for a summary of potential models with the pros and cons of technical, fiscal, legal, transparency and service delivery aspects It will not recommend a particular governance structure at this juncture The draft Terms of Reference (Appendix A) are considered to be the `Project Scope' Upon approval of direction (i e. conceptual or detailed), Terms of Reference will be formatted to include the standard corporate clauses such as, insurance requirements and submission details Appendix A may require editing to accommodate a Phase 2 detailed financial assessment, if directed by Council in the final TOR document It is recommended that the Commissioner of Public Works be delegated authority to finalize the Terms of 4 Submitted by: .//4% Kent Brot e rs, P. rrg Mike Trojan Commissioner of Public Works Chief Administrative Attach — Terms of Reference 5 Approved by: REVISED PWA 26 -201 1 April 26, 2011 Reference based on the direction received from Council regarding its preferred scope approach Also included in a standard TOR is the evaluation criteria that will be used to select the recommended candidate The Evaluation will be based upon the following weightings: • Applicable experience and resources 10% • Team Strength and Leadership 15% • Same or Similar Project Experience 10% • Past performance record (budget/schedule /project success) 10% • Project understanding 10% • Methodology (work plan, innovation, client administrative input, workload, schedule, etc) 20% • Local Experience Factor 5% • interview Result 5% • Quality Assurance Program 5% • Cost Factor 10% (max 10) for lowest cost and pro -rated proportionally to highest cost with no points for costs exceeding 1.5 times of low cost Fee envelopes will remain unopened if cost scores cannot change final outcomes The project duration target for the recommended scope of work is five months from notice of approval to proceed to the Consultant Should Council decide that a more detailed and comprehensive Phase 2 Review is warranted now, or in the future, a 12 -month timeline could be anticipated for the additional meetings and financial assessment anticipated This report was prepared by Betty Matthews - Malone, P Eng , Director Water & Wastewater Services Division and reviewed by Michael Roach, Public Works Manager of Financial Services Appendix A Water & Wastewater Review - Niagara Terms of Reference — DRAFT PURPOSE: 6 REVISED PWA 26-2011 April 26, 2011 To provide consulting services for the Water & Wastewater Review - Niagara("the Review ") At Niagara Region's Budget Review Committee of the Whole meeting of January 13 2011, the following motions were passed by Regional Council; That the Region pursue a Municipal/Regional Fiscal Service Review that includes the participation of the Area Municipalities; That the review should include the water and sewer utility opportunity; and That the effect of this review be reflected in the 2012 Budget. Water and Wastewater Services within Niagara are currently provided by Niagara Region (treatment and transmission) and eleven of its twelve Area Municipalities (distribution and collection) There are only three remaining 'two -tier' municipal water and wastewater systems remaining in Ontario; Waterloo Region, York Region and Niagara Region The purpose of this Review is to consider the tangible and intangible benefits of moving to a consolidated water and wastewater service and delivery system in Niagara Region As per "Making Choices: A Guide to Service Delivery Review for Municipal Councillors and Senior Staff', a service delivery review is defined as "an evaluation process in which a specific municipal service is systematically reviewed to determine the most appropriate way to provide it" In line with this definition, this Review shall outline the current and forecasted fiscal state of water and wastewater infrastructure within Niagara as well as highlight intangible opportunities as well as potential liabilities of alternative service delivery models for this consolidation Therefore, the Review shall consider a consolidated service delivery, treatment to frontline customer and return (12 services providers consolidated to 1 service provider servicing approximately 390,000 customers) Different models of this consolidated service delivery shall be identified and pros /cons and opportunities /restrictions (SWOT analysis format) of each model shall be provided A recommendation as to a preferred model is not a requirement of the Review. While the intent of the Review is to target fiscal aspects, the review shall also give consideration to the infrastructure sustainability, operational efficiency and effectiveness, flexibility, social and legal considerations, system security, customer transparency, service standards and levels regarding water and wastewater municipal service models. Industry Best Practice principles should provide guidance in these assessments.. While combined sewers will be included in the review, storm sewers and surface drainage are not to be included in the assessment or Review. Five months duration from notice of approval to proceed is anticipated. An upset limit of $1 00,000 has been allocated for the Review The Scope of the Review shall include, but not be limited to: 1 Financial Review 2. Operational Review Financial Review a Consolidation of current financial position of Municipal water and wastewater systems (including the Region plus 11 Local Area Municipalities (LAM)) The Review shall include assets, liabilities, debt, revenues (rate, levy, fees and charges, recoveries), reserves (reinvestment/capital, rate stabilization, development charges, others), investments and expenditures The Review shall include the review of existing and available data: Safe Drinking Water Act Financial Plans (including any available Sewage Financial Plans), Financial Information Retums (FIR's), Ontario Municipal Benchmarking Initiative (OMBI), Municipal Performance Measurement Program (MPMP), PSAB reports and any additional information that may be available or provided b Financial consolidation analysis of all (Regional and LAM) assets, liabilities and reserves Report the value of consolidated assets, debts and reserves related to Niagara's water and wastewater system. c Profit and Loss analysis: provide historical 3 -5 year income statements with detailed expense information. In addition, forecast income statement for next 6 years based on current models and potential alternative models. Direct and indirect operating costs including chargebacks e What costs could be eliminated, transferred or would be left unchanged by consolidating service to an alternative service delivery model(s)? Outline economies of scale or alternatively the potential for increased costs due to technical, social, legal considerations Examples would include impact of enhanced levels of service or capital reinvestment and negotiated union contracts REVISED PWA 26 -201 1 April 26, 2011 f For costs that would be anticipated to remain unchanged within each of the municipalities, outline where these costs would be recovered (example: moved to the levy) Examples would include consideration of inter - functional transfers and 7 chargeback's such as Financial, Legal and information technology and stormwater management and collection (resources /budget) g Assess non - revenue water (real and apparent losses value) and the cost recovery options, including fire protection cost allocation, recovery from levy and rates, and /or other options or opportunities for consideration h Capital Investment Outlook Short, medium and long term capital requirements Identify capital works as approved (budgeted), pending approval (forecasted) or unapproved (tangible capital asset reinvestments) Highlight where possible growth related works and accumulated infrastructure deficits, estimated based on current condition, remaining useful life or other best management practice approach. Identify current condition of assets and report on remaining useful life Use industry standards and /or best management practices to determine if assets are being adequately depreciated. State estimated useful life; thus, capital investment outlook. Condition assessment of the infrastructure is not a requirement of the Review Attempts shall be made to gather condition assessment and reinvestment needs from the Municipalities and /or available data (PSAB, Financial Plans, etc) ii Outline projected future costs and nature of costs for required capital investment (i e sustainable reinvestment, risk mitigation, growth planning and growth capital investment requirements, compliance, partnerships between municipalities, other) Provide a consolidations impact: Financial Information Return (FIR's), Ontario Municipal Benchmarking Initiative (OMBI), PSAB reports (short, mid and longer term) Where data is insufficient, it may be necessary, based on relevant experience, industry standards and benchmarks, literature review and /or best management practices to estimate these inputs for this high level analysis. All estimates and assumptions must be adequately outlined in the Review For background purposes, known asset inventories for each of the Local Area Municipalities will be included for reference from the Region to assist with these estimates and assumptions. The consultant will facilitate a meeting with Local Area Municipal staff to verify or supplement the information contained in this report 8 REVISED PWA 26 -2011 April 26, 2011 REVISED PWA 26-2011 April 26, 2011 Note: at its Budget Review Committee of the Whole meeting of March 3, 2011 the following motions were passed: "That in the spirit of full disclosure and transparency and clarity; and That in an effort to understand the eleven different local impacts of our Regional water rate decisions; That Regional Council request all Local Municipal Councils share with Regional Council, their staffs interpretation of the impact of the Region's Water and Wastewater rates on their local water billings; and That the request for information from the local municipalities include relevant data, as follows: • 2010 retail price ( /m3) • Water and wastewater reserves /household • Water and wastewater capital needs /household from 10 year capital forecasts • Annual water losses as % of total volume purchases • Estimated % of annual operating costs for water and for wastewater recovered through rates • PSAB asset valuations for water and wastewater infrastructure; and That Regional Staff request that this information be received from local municipalities within three months " This request was made March 4, 2011 A three -month timeframe would make the information available early June. Level of detail, availability of information from the stakeholders and /or format of information will vary amongst submissions Operational Review a Administrative /organizational structures of each municipality including direct staffing levels as well as identification of indirect support services and associated chargebacks The Review shall include an overview of resources as well as recruitment and retention status and outlook. Shared resources, such as other activities within the municipalities, e. g storm water management, roads, parks, etc should be identified b Service Levels and customer expectations (i.e prescribed or implied) Performance enhancements or gaps shall be identified as potential 9 implementation considerations as well as customer service or community outreach programs c Operating budget reviews with consideration for operational and business management efficiencies and /or innovations and potential outcomes (i e right - of -way coordination, conservation, alternative service delivery such as contracting out, etc ) d Billing (i a internal or out - sourced). e. Potential Regulatory Impacts (orders or outstanding compliance issues) and outstanding Claims, e g Lead Service replacements, compliance with statutes and other legal requirements, basement flooding, etc. f Resource Impacts (i e service provided, potential to eliminate duplication and /or requirement to supplement in order to achieve a higher level of service) The Review shall include an overview of resources (internal staff and contracted services) as well as specialty equipment and operations yards Are emergency works performed by internal staff with municipal equipment, contracted out or combination thereof Known out - sourced activities and existing internal union contracts, obligations and limitations shall be identified Identified recruitment and retention staffing impacts shall also be identified g Technology status and approach including system control, computer models, SCADA operation and operational logistics such as maintenance programs and work order controls h Scan of potential operating models with StrengthlWeaknesses/ Opportunities/Threats (SWOT) analysis and potential barriers to implementation Shall include an overview of direct, indirect, tangible and intangible impacts as well as potential benefits SWOT shall also identify how restructuring would impact all stakeholders to the Review The above Financial and Operational Reviews shall not limit nor exclude any other relevant and pertinent details necessary for the analysis. The above list is intended as a guide only DELIVERABLES The Review deliverable will include a report detailing these administrative /organizational and implementation considerations, both tangible and intangible, of a consolidated service delivery model It shall also identify potential governance structures for that model, identifying pros /cons and opportunities /restrictions through a SWOT analysis for these alternatives Areas for potential savings or additional costs must be identified and timelines estimated For example, what would anticipated savings be at start of consolidation and six years later (or some other mid to longer term timefrarne) The potential to phase in the 10 REVISED PWA 26 -2011 April 26, 2011 Preparation & Submission of Proposals 11 REVISED PWA 26 -201 1 April 26, 2011 consolidation shall also be given consideration, i e if only a portion of the municipalities consolidate would benefits exist? The Review shall give consideration to the principles to the Government of Ontario's "Making Choices, Building Strong Communities, A Guide to Service Delivery Review for Municipal Councillors and Senior Staff, March 2010" and "A Guide to Service Delivery Review for Municipal Managers, August 2004" It shall also give consideration to "WATERTIGHT: The case for change in Ontario's Water and Wastewater Sector" as well as similar single tier delivery structures and past amalgamations or attempts at amalgamations of upper and lower tier water and wastewater systems. A copy of the confidential Proctor & Redfern Limited, Water & Sewer Service Delivery Review (Regional Niagara) undertaken for the Region in 1997 will also be provided to the successful consultant(s) for background reference It is anticipated that the Review may identify the need for further, in -depth review activities prior to consideration of implementation These necessary `future' reviews must be adequately scoped as 'next steps' and explained in the final report 1 The Consultant work program shall identify the tasks involved in the delivery of documentation and analysis specifically addressing the issues raised in the Terms of Reference 2 Upon award of the assignment, the Consultant shall provide a pro forma document to each municipality for the compilation of the information required to undertake the review The required information of this pro forma shall be outlined in the submission of proposal 3 During the assignment, should the Local Area Municipalities be unable to provide any or all of the information requested within an acceptable time frame (six weeks from date of request suggested) the Consultant shall be prepared to estimate, based on benchmarks and best management practices, the pro forma documents Water distribution and wastewater collection sizes and lengths, as well as serviced population, shall be requested of or confirmed by each the municipality. The Region has included, herein, information available pertaining to Local Area Municipal networks but the Consultant shall attempt to confirm with the Local Municipality the quality and validity of the inventories provided The Consultant may have to provide estimates based on relevant experience and design standards for the related appurtenances, subject to revision based on approach (budget and timeline) 4 The Consultant, through the Region, will endeavor to obtain the information required However, the Consultant must be prepared to estimate where information is unavailable Assumptions, benchmarks and approaches must be detailed and outlined in the report where the background information is unavailable, subject to revision based on approach (budget and timeline) a Applicable Experience and Resources 10% b Team Strength and Leadership 15% c Same or Similar Project Experience 10% d Past Performance Record (budget/schedule /project success) 10% 12 REVISED PWA 26-2011 April 26, 2011 5 Within the proposal, the Consultant is encouraged to make suggestions on items which may be more appropriately delivered by the municipalities or others 6 The Consultant shall develop criteria necessary to evaluate the data gathered to guide the rationalizing of the realignment of services In addition, the consultant will undertake the analysis on the results and overview possible service delivery models outlining potential cost savings 7 The Consultant shall provide for a minimum of five (5) presentations to the municipalities and /or Council(s) 8 The Proposal evaluation shall be undertaken by a Review Committee comprised of Regional staff 9 The proposal submission shall be consistent with the Region of Niagara practice as attached, with the exception that a separate cost envelope will not be required The proposal evaluation criteria is as follows: Relevant experience with the fiscal, technical, operational and service delivery aspects of providing municipal water and wastewater services is required Strength of Project Manager and support personnel allocated to the project A mufti - discipline group is envisioned due to the scope of the Terms of Reference. Relates to the feasibility of the Project Team to deliver the Work Plan within the allotted timeline Five months duration from notice of approval to proceed is anticipated Upset limit of $100,000 has been allocated for the Review e Project Understanding 10% The ease with which the Proposal can be understood It is very important that the proposal is concise and to the point f Methodology (work plan, innovation, client administrative input, workload, schedule. etc.) 20% The Consultant will be required to address all issues within the Terms of Reference. The Work Plan presented will be a prime consideration in the award of this Proposal The detailed breakdown of each Task/Activity necessary in completing the Review shall be provided g Local Experience Factor 5% Knowledge of Niagara municipalities will be of benefit h Interview Result 5% i Quality Assurance Program 5% j Cost Factor 10% Maximum rating of 10 for lowest cost and pro -rated proportionally to highest cost with no points for costs exceeding 1.5 times of low cost. 10 Submission of Proposals The Consultant is requested to propose a work plan which is comprehensive in addressing the tasks outlined in the Terms of Reference. Six copies of the proposal are required. The proposal should include items which are warranted based on the requirements outlined, but may not be necessarily noted a Proposal The Consultant shall provide a brief proposal either in text or tabular format, maximum ten (10) pages, not including covering fetter, resumes and company credentials. The proposal to undertake this assignment shall include the following general items: ( The Consultant's interest in carrying out the project and an understanding of the objective of this project 11 A detailed work plan and a weekly project schedule which will identify all major components of this project and their anticipated start and completion dates III. A description of the Consultant's related experience IV A description of the consulting team, the lead person and the relevant experience and qualifications of each individual V Identification of all sub - consultants, their qualifications and experience, as well as their speck role in this project VI Disclosure of any perceived conflict of interest VII Items /efforts expected to be provided by Regional staff 13 REVISED PWA 26 -201 1 April 26, 201 1 REVISED PWA 26-2011 April 26, 2011 VIII Any significant change in the Consultant Team must be approved by Niagara in advance 11 Proposal Cost and Man -Hour Estimate Included in the Proposal, the Consultant shall provide the overall project cost broken down in the following mariner: a.. Fee schedule per diem rate or hourly for each consultant staff and sub - consultant of the project team b Intended as a lump sum assignment so submission shall include disbursement costs which may include mileage, telephone charges, printing and reproductions, fax charges, computer services, etc c Compliance with Niagara Region's insurance requirements d Niagara will consider the estimate total engineering service cost for this project as an upset limit unless prior written approval is obtained from the Region 12 Obligation of the Parties The following items are general obligations of the Consultant and Niagara Region: a Submission of a proposal does not obligate the Niagara Region to acceptance and as such the Niagara Region reserves the right to accept or reject any proposal b All proposals will be subject to an evaluation process which will consider such items as professional expertise and experience, Project performance, technical merit, interpretation of these Terms of Reference, cost effectiveness, timeliness, etc c The selected consultant will be required to enter into a written agreement with Niagara Region before commencement of the project d Once the successful proposal has been approved, minor revisions to the scope of the assignment may be negotiated 13 Reports All reports will be prepared in Microsoft Word The Consultant will be required to provide twenty -five (25) copies of all reports prepared in association with the Review 14 Ontario Korean Businessmen's Association February 24 , 2011 130 Orfus Road, 2 Floor, Toronto, ONT. M6A 1L9. Tel: 416 - 789 -7891. Fax: 416 -789 -7834 The Honourable Mayor James M. Diodati Office of the Mayor 4310 Queen ST. P.O. box 1023 Niagara Falls, ON L2E 6X5 Dear Honourable Mayor James M. Diodati, RE: Sale of Beer and Wine in Convenience Stores My name is James Kang and I am a resident of Niagara Falls, and the president of the Ontario Korean Businessmen's Association. On behalf of the 85,000 residents of Niagara Falls and 2,000 members of Ontario Korean Businessmen's Association, I am writing this letter to request permission to sell beer and wine in convenience stores in the city of Niagara Falls. As you know our city is packed with attractions, world -class hotels and dining, exiting nightlife and family adventures; Niagara Falls is a vacation paradise. However, every effort should be spent to find ways to better the Niagara Falls experience for our tourists. Our city is a vibrant city, different from any other city in Ontario, and we need to maintain and improve our reputation as such by pioneering this next step in tourism: to expand by allowing the sale of beer and wine in convenience stores in the city of Niagara Falls. This will be crucial in keeping up to par with the convenience of international beer and wine sales laws that tourists from countries in Europe, the United States, and Asia are used to. Additionally, this initiative will create a new way to market local Niagara wines in a wider time window to potential customers, and will have the added bonus of bolstering sales for already struggling convenience stores. Obvious concerns regarding this topic in Ontario has been greater accessibility to alcohol by underage youth. However, the OKBA already has an age verification program in place called "We Expect ID ". We also plan to create and develop an Alcohol Licensing System specifically for our convenience stores that will deliver penalties upon rule violation. As home to one of the top tourist attractions in the world, we must take action to maintain our reputation as such. I believe that the sale of beer and wine in convenience stores in Niagara Falls will allow us to stay ahead in the tourism industry. Please consider our request and feel free to contact Ken Kim at 416- 789 -7891 (kenkim @okba.net) with any questions regarding this initiative. Sincerely, James Kang, President, Ontario Korean Businessmen's Association Supported by Ontario Convenience Stores Association cc: Niagara Falls city councilors Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Recreation & Culture SUBJECT: MW- 2011 -25 Niagara Falls Soccer Club Indoor Facility Proposal RECOMMENDATION 1. That the City support the Niagara Falls Soccer Club proposal in principle; and, 2. That the City's contribution be limited to in -kind services and technical support; and grants equal to the waiver of fees requested. 3. Staff be directed to submit an application to the P3 Canada Fund and to continue investigating other possible grant and revenue opportunities; and that the Region be requested to waive their applicable development charges fee. EXECUTIVE SUMMARY MW- 2011 -25 June 13, 2011 At its meeting on February 28, 2011, City Council received a presentation from the Niagara Falls Soccer Club (NFSC) outlining their plans to construct a new $4 million dollar indoor soccer facility on lands they have recently acquired on Swayze Drive. Council directed staff to meet with the proponents to clarify the terms of their proposed 50 -50 partnership with the City and to confirm the club's intentions with their current facility located at E.E. Mitchelson Park. Staff met with the proponents to finalize the specifics of the NFSC's request and received a letter which is attached to this report for your reference. The proposed indoor facility has not been identified in the Recreation Strategic Plan nor has any funding been set aside in the five year Capital Forecast for this project. Council is aware of the growing financial challenges of trying to fund those projects which already have been identified as needs in the short term. By advancing this project the City is committing to a project that would be delaying an identified project or if added on prior commitments may result in an increase in debt and /or tax levy increase. Staff respect the efforts of the proponents and their vision but cannot recommend the City make a financial commitment. Instead, we are proposing to provide in -kind services and technical support. Staff are also recommending that we assist the NFSC in obtaining third party funding through the P3 Canada Fund in an effort to address the funding challenges associated with the project. BACKGROUND The Niagara Falls Soccer Club is working towards providing an indoor facility where local soccer players can train, practice and play year round. Their goal is to continue to develop MW- 2011 -25 -2- June 13, 2011 elite local players and to enhance the skill level of new players. Local players currently travel to Stoney Creek and facilities located in New York state to train during the off season. Ontario communities such as Stoney Creek, Oakville and Vaughan have indoor soccer facilities. The facilities range from privately built and owned to municipal private /public partnerships. The Club is in the process of conducting a Capital Campaign to increase awareness of their project and fund raising opportunities. The executive has presented their proposal to local business to promote naming and sponsorship opportunities for the new indoor soccer facility. Local sport organizations including Greater Niagara Baseball Association (GNBA), Niagara Falls Minor Football have confirmed they support and are interested in using space at the new facility as listed in attachment #2. Other local sport organizations Niagara Regional Athletics and Niagara Falls Lightning gymnastics have inquired about the project and future opportunities. ANALYSIS /RATIONALE Playing Field Re- location Request NFSC are currently based at the E.E. Mitchelson Park clubhouse. With the proposed new facility at Swayze Drive, they are requesting that the M.F. Ker Park ball diamonds be switched with E.E. Michelson Park soccer fields, thereby allowing NFSC easier access to soccer fields from their new home base. E.E. Mitchelson Park consists of four soccer pitches and a lit senior pitch /football field shared with St Paul High School. An informal ball diamond is also shared with Notre Dame Public School. A Hydro corridor runs through the center of the park. M.F. Ker Park consists of four senior ball diamonds (one lit) as well as a soccer /football field. GNBA and Mens Fastball are the major users of the ball diamonds. Staff are recommending the fields stay status quo. There is minimal city owned property at E.E. Mitchelson Park, due to the soccer /football field being half on St Paul High School property, as well the informal ball diamond located partially on Notre Dame School property. The Hydro wires located at E. E. Mitchelson would not be conducive to ball play. Even with adequate property, the switching of fields between M.F. Ker and E.E. Mitchelson would not be feasible due to the costs involved to construct all new fields at both parks. There is also limited parking at E.E. Mitchelson Park. The new fields would require a two year re- building time in order to allow the turf time to mature. The current users at both parks would not be able to use the playing fields during this re- construction period. Hydro Corridor Lease The NFSC requested that additional parking be located to the south of their proposed complex on Hydro land and that the City pay the annual license fee if applicable. The City leases Hydro property from Sinnicks Avenue to Swayze Drive for parking at MF Ker Park. The annual license fee is $7,980. Additional parking on the hydro lands north of Swayze will result in an increase in the annual license fee of approximately $2,000. The actual fee would be calculated according to the size of hydro lands that would be used for parking. Outdoor sport facilities determined the following: MW- 2011 -25 NFSC Proposal -3- June 13, 2011 The NFSC proposes to construct a 4287 square metre indoor soccer facility on a 1.3 hectare site located on the north side of Swayze Drive, between Stanley Avenue and Heritage Drive. The site was recently declared surplus by the City and sold by public auction. The site is bounded by an active Canadian National Railway line to the east, and an Ontario Hydro corridor to the west. The northerly third of the site is a wooded valley that must be preserved and buffered. The subject lands are zoned Open Space (OS) in accordance with Zoning By -law No. 79- 200, as amended. While the indoor soccer facility is a permitted use, the proposal requires relief from a number of zoning regulations. For example, the building is proposed within 6 metres of the front lot line, whereas the standard front yard setback is 10 metres. Further, the building is proposed within 6 metres and 9 metres of the side lot lines, whereas interior side yard setbacks of 10 metres are required. Additional departures include a lot coverage of 34 %, whereas 10% is permitted: a building height of 14.63 metres, whereas 10 metres is permitted: and the provision of 65 on -site parking spaces, whereas 107 on -site parking spaces are required. One option to provide the required number of parking spaces would be for the club to enter into a long term lease with Hydro One to provide the balance of the required parking spaces. Entering into a long -term lease to provide the balance of parking in the park across the street is another option, but raises a number of safety issues. A zoning amendment would be required to allow the various departures from the standard provisions of the OS zone and to "marry" the subject site with the land to be used for the balance of the required parking. The City of Niagara Falls Strategic Plan for the Provision of Parks, Recreation, Arts & Culture reviewed the City's outdoor playing fields and indoor facilities to determine future indoor and outdoor facility needs. Facility needs were determined on actual use, anticipated future use and broader activity trends. City should not provide any additional baseball or softball diamonds City should provide five (5) additional soccer fields, one for present need and four (4) for future needs (P. Cummings: one (1) soccer and one (1) multi purpose — 2012) City should provide one (1) football field (MF Ker Park, 2012) City should provide two (2) rugby fields (one (1) multi purpose — P. Cummings — 2012) City should accommodate emerging sports interests on outdoor multi - purpose and artificial turf fields City should consider providing outdoor artificial turf facility examining possible partnership opportunities (Kalar Road Sports Complex, 2008) As stated in the Strategic Plan there is support and demand for outdoor artificial turf fields. The Recreation & Culture department does support the future development of an artificial turf field at E.E. Mitchelson field #1. The cost of the new field could be shared by the Niagara Falls Soccer Club, the Niagara Catholic District School Board (St. Paul) and the City of Niagara Falls. MW-2011-25 FINANCIAL IMPLICATIONS The total facility cost is approximately 3.8 to 4 million dollars. If the City partnered 50/50 on this facility the contribution would be approximately two million dollars. This project was not budgeted in the 2011 Capital budget and the City does not have the funds to partner nor has it the City's practice to partner on private facilities. If City Council approved funding for this project it would have to borrow the money defer an approved 2011 capital project or commit funding from the 2012 Capital Budget. If significant City dollars are contributed to this project, staff recommend the facility and land become City owned with the facility operation and maintenance the responsibility of the Niagara Falls Soccer Club. The existing Niagara Falls Soccer Club clubhouse is located at E.E. Mitchelson Park on City property and is a City owned building. The E.E. Mitchelson Community Clubhouse and athletic field development was completed in 1994. The City and Niagara Falls Soccer Club each contributed $260,000.00 (50% of costs) towards the project. The City can consider waiving of its development charge fees, site plan processing fees and building permit fees. The Niagara Falls Soccer Club can apply to register their Club to become a registered charity. If the Club has registered charity status or if City owned property they are exempt from paying City property taxes. CITY'S STRATEGIC COMMITMENT The City of Niagara Falls' Strategic Plan for the Provision of Parks, Recreation, Arts and Culture does not support the City building an indoor turf facility. Financial Stability is a strategic priority that directs staff to ensure resources are focused on core City programs and services. To partner with the Niagara Falls Soccer Club and invest approximately two million in a private recreation facility does not adhere to the City's financial priorities. LIST OF ATTACHMENTS 1. Niagara Falls Soccer Club letter 2. Niagara Falls Soccer Club list of User Commitments Recommended by: Recommended by: Respectfully Submitted by: G.Holman -4- June 13, 2011 s _ .1 Geoff Holman, Director of Municipal Works Kathy Moldenhauer, Director of Recreation and Culture Ken Todd, Chief Administrative Officer Tim Chamberlain President NFSC Inc The NFSC is asking the City of Niagara Falls for Financial support and Relief in the construction of an Indoor Recreation and Educational Centre. 1) A 50/50 ongoing partnership of Building and Land. 2) Development Fees ( Regional & Municipal) 3) Building Permit fees 4) Site Plan Process 5) Property Taxes (Return Title of Land to City ) 6) Sewer and Water Fees 7) Removal of Garbage 8) Acquisition of an adjacent hydro land Responsibilities of the Niagara Falls Soccer Club *Construction Drawings *Maintain, Operate & Facilitate Building, Interior and Exterior *Administrative Duties *AII Operating costs ie: Electrical, Mechanical, and Heating *Maintenance of Building and Land, Snow removal /Landscaping *Capitol Campaign regarding Naming and Sponsorship Opportunities, financing To support its 50% of Agreement. In closing, it is vital the NFSC and the City Of Niagara Falls continue its ongoing relationship for the Youth in our community. With these items that we are asking for will allow us to provide an additional Safe and Healthy Environment in our City. Niagaraf aIh • NIAGARA FALLS SOCCER CLUB INC. • TORONTO F.C. ACADEMY PROGRAMS • FIGHT CLUB CANADA + NIAGARA FALLS MINOR BASEBALL + THE ACADEMY (GIRLS) + NIAGARA FALLS MINOR FOOTBALL ❖ NIAGARA ON THE LAKE MINOR LACROSSE • BUFFALO BANDITS PRO LACROSSE ❖ NIAGARA FALLS LIGHTNING GYMNASTICS • NIAGARA REGIONAL ATHLETICS TORO 7Q USER COMMITMENTS CONFIRMED CONFIRMED CONFIRMED CONFIRMED CONFIRMED CONFIRMED INQUIRED INQUIRED INQUIRED INQUIRED ACADEMY PROGRAM Niagara REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2011 -26 P3 Canada Fund Applications RECOMMENDATION 1. That staff be directed to prepare and submit applications for Round Three of the P3 Canada Fund for the following projects which are listed in no particular priority; • Fruitbelt Parkway Road Reconstruction Project • Mewburn Road Bridge Replacement Project • Lundy's Lane Gateway/Walkway Project • Chippawa Boat Dock Project • Niagara Falls Soccer Club Indoor Facility • Sylvia Place Market/Transit Terminal 2. That Council approve the related resolutions later on the Council agenda; and the City solicit private sector projects for this and subsequent intakes of the P3 program EXECUTIVE SUMMARY MW- 2011 -26 June 13, 2011 P3 Canada is the federal agency responsible for delivering the $1.2 billion funding program that has been established to leverage private partner contributions to deliver more and better infrastructure projects. Recently P3 Canada announced that it will be receiving applications for Round Three until the June 30, 2011 - deadline. The purpose of this report is to consider a list of City projects that fit the eligibility criteria and to direct staff to make the appropriate submissions. The P3 Canada Fund is a merit - based program and funding is allocated to projects that have meaningful private sector involvement in at least two of the four structural elements: design, build, operate or finance (one of which must include operate or finance). The program funds projects that fall into any of sixteen different categories and offers up to 25% of the direct costs of construction. Staff is recommending that we submit applications on the following projects: • Fruitbelt Parkway Road Reconstruction Project • Mewburn Road Bridge Replacement Project • Lundy's Lane Gateway/Walkway Project • Chippawa Boat Dock Project • Niagara Falls Soccer Club Indoor Facility • Sylvia Place Market/Transit Terminal June 13, 2011 BACKGROUND Water Wastewater Public Transit Core National Highway System Green Energy Short Line Rail Regional and Local Airports Local Road Infrastructure ANALYSIS /RATIONALE FINANCIAL IMPLICATIONS - 2 - MW- 2011 -26 P3 Canada will use a multi -phase process to assess all of the applications submitted which includes screening against mandatory and rated requirements, business case readiness and a Value for Money analysis. All eligibility decisions will be made by June 30, 2012. The program seems to target the large, more complex and innovative projects and is focussed on schedule certainty and the sharing of financial risk. The P3 Canada Funding program has identified the following categories in which eligible infrastructure projects must be classified; Disaster Mitigation Solid Waste Management Brownfield Redevelopment Culture Sport Short Sea Shipping Tourism Connectivity and Broadband In selecting candidates for the City's submission some basic criteria were used to help prioritize our submission. Projects approved in this year's Capital Budget and listed in the addendum are the primary source as they already have some status. The scope was broadened to include new proposals that were presented to Council since the budget approval last month. It should be noted that for those projects that are not sufficiently advanced for an investment decision in Round Three consideration should be given for an application in Round Four anticipated in 2012. Staff is proposing to make submissions on all six candidate projects notwithstanding the fact that, for some projects, the full business plans have not been fully developed at this stage. The candidates considered for this application and the proposed funding commitment is outlined in Attachment 1. The P3 Canada Fund Application Guide - Appendix `F': FAQ's is provided as Attachment 2. When considering the candidate projects, it is important to point out that the P3 funding only provides funding up to 25% of the construction costs. Those projects identified on the addendum list of the 2011 Capital Budget require future funding allocations. Notwithstanding the uncertainty of the availability of future funding the City should be looking to funding programs such as these to leverage the use of private funds in order to reduce the risk and the tax burden on the ratepayers within this municipality. The City reserves the right to withdraw its application if sufficient funding terms cannot be negotiated with its private sector partner. June 13, 2011 CITY'S STRATEGIC COMMITMENT The recommendation is consistent with Council's Strategic Priority to enure efficient and effective delivery of core municipal services. LIST OF ATTACHMENTS 1. Candidate Project List 2. P3 Canada Fund Application Guide - Appendix 'F' : FAQ's Recommended by: Respectfully submitted: G. Holman - 3 - MW- 2011 -26 Geoff Holrhan, Director of Municipal Works Ken To d, Chief Administrative Officer O c U C U co C U L C co U E �r _c . — � , O C� 7 E O C .= C E U O n U E O U C O 0 CO D U N U N LL "O ., N CO OHS ( Q L 1E 0 U __ E O c c) a) c o� co 0 CD o C >, *� . c) N 0 C O O-0 in co m ` - O m Q ER cn O L- �, r O co O . 4 ca LL I— CO 'D C6 O C6 "O Q m L !n L 7 a O 33 c6 m _ 0 CO c V c0 " O Q � L �= Q) L Z Q N O- O7 = s co co H O Q) a * APPENDIX F — FREQUENTLY ASKED QUESTIONS 1. What is PPP Canada? PPP Canada is a Crown Corporation that was recently established to work with the public and private sectors to support P3s and encourage the further development of Canada's P3 market. 2. What is the P3 Canada Fund? The P3 Canada Fund is a merit -based program designed to generate an increase in P3 public infrastructure projects that achieve value for taxpayers, develop the P3 market in Canada and result in public benefits. 3. What is a P3? A P3 is a long -term, performance -based approach to procuring public infrastructure. Typically, the private sector assumes significant responsibility in terms of risk and financing, where applicable, for the delivery and the performance of the infrastructure. This can include elements such as designing, constructing, financing, and maintaining and /or operating the public infrastructure in the long -term. A detailed definition of a P3 can be found in the Glossary in Appendix E. 4. What are the benefits of a P3? Typically, these are the benefits of a P3 procurement: • For the public sector - Schedule and cost certainty, predictable lifecycle costs, opportunity for innovative solutions, shared responsibility and accountability of public assets /facilities with the private sector. • For the private sector - Stable partner, access to business opportunities — both current and future. • For the greater community - Provision of updated /upgraded services, provision of jobs, economic stimulus. 5. When should I consider undertaking a PPP? When the following conditions apply: • If you have a major project, requiring effective risk management throughout the life cycle, • There is an opportunity to leverage private sector expertise, • The structure of the project could allow the public sector to define its performance needs as outputs /outcomes that can be contracted for in a way that ensures the delivery of the infrastructure in the long term, 58 , Alp ' PPP Canada • Where risk allocation between the public and private sectors can be clearly identified and contractually assigned, • The value of the project is sufficiently large to ensure that procurement costs are not disproportionate, • The technology and other aspects are proven and not susceptible to short term obsolescence, and • The planning horizons are long term, with assets intended to be used over long periods and are capable of being financed on a lifecycle basis. 6. What form does a PPP take and what is suitable for my project? There are several common contractual structures that are considered to be PPPs. Typically PPP's will contractually agree to undertake three or more lifecycle components, which consist of: Design, Build, Finance, Operate and Maintain (DBFOM). The forms are often known by acronyms such as: DBO (Design - Build- Operate), DBFO (Design - Build- Finance - Operate). In a DBFO model, a concession agreement exists with the public sector specifying the outputs it requires from the Project with substantial risk transfer to the private sector. Payment to the private sector service provider is made according to the availability of the specified outputs. The private sector is involved in designing, building, financing and providing operations services of the PPP facilities. 7. What is PPP Canada's fundamental role in PPPs and what is the private sectors role? PPP Canada's Role: • Ensure transparency and fairness in the procurement process, • Assist in identifying and coordinating the allocation of risks and performance -based agreements, and • Ensure appropriate value for money is achieved by using a PPP model. Private Sector's Role: Provide effective solutions that aid the Canadian public by supporting meaningful infrastructure projects through: • Sharing expertise and innovation, • Accessing private financing, where applicable, • Providing sufficient return to investors and other stakeholders, and • Accepting responsibility for risks that they are best placed to manage (e.g., design and construction for a fixed price and completion date). 59 141 PPP Canada • The private partner may develop a consortium to provide the facility and deliver the service. 8. Who is eligible to apply to the Fund? The P3 Canada Fund is focused on provincial, territorial, municipal and First Nations public private partnership infrastructure projects. Also, please see section 1.2.1 Am I eligible to apply? of the Round Three Application Guide. 9. How much money can I get? The amount of the funding support, in combination with any other direct federal assistance, may not exceed 25 % of the project's eligible costs, either in the form of direct construction costs or development costs. The level, form and conditions of any funding support will vary depending on the needs of a given project. 10. Do I have to decide on the PPP procurement approach now? It is not necessary to fully commit to a PPP approach at the time of application for Round Three. However, you have to demonstrate in your application that you are giving serious consideration to the P3 model. If your project is eligible and ready to proceed, PPP Canada will provide guidance with the preparation of your P3 business case and identify the best form of PPP for your project. 11. What types of projects are eligible? Eligible projects will be for the construction, renewal or material enhancement of public infrastructure within several sectors including Transport (public transit, highways, brownfield re- development, local roads and short line rail), Water, Energy (green projects), Security (disaster mitigation), Solid Waste, Culture, Sports, Connectivity and Broadband, Maritime (short sea shipping), Aerospace (regional and local airport) and Tourism. 12. Is there a minimum or maximum size? There's no minimum or maximum size but larger projects have a greater potential to generate the efficiency gains necessary to offset the fixed costs incurred by the public and private sectors during the development and procurement phases. 13. How do I develop the business case for a PPP? At the outset, a PPP business case study should offer an opinion on the PPP model that best meets the public's needs for the service or asset. If this exercise suggests potential benefit by undertaking a PPP model, the next step would be to confirm the justifications for the PPP and drafting details and requirements so that a decision can be confirmed prior to procurement. In its completed form, a PPP business case would include the estimated project costs, a risk /benefit analysis of the PPP through a Public Sector Comparator and Value for Money assessment, critical success factors, project governance and procurement plan, procurement strategy, risk management strategy, 60 141 PPP Canada benefits governance and reinvestment plan, etc. A sample table of contents of a P3 Business Case is included in Appendix D. 14. Why would the private sector be interested in P3s? As compared to traditional procurement, P3 projects provide the private sector with a greater role in the design, building, financing, and /or operation of public infrastructure and offer a unique business opportunity, allowing private companies to deliver a broad range of services in different industrial sectors over a long term concession period (typically 15 to 30 years). The private sector would be interested in P3s because they provide an opportunity to work with stable, bankable partners in governments, and they provide a long -term revenue stream, among other reasons. 15. Is there any `standard' procurement or legal contract documentation? The UK and Australia have published some standardized documents. These documents draw from a considerable amount of experience have been credited with increased efficacy during the bidding /negotiating stages. In Canada, PPP Canada has not yet drafted its own standardized documents. However, some Canadian jurisdictions have developed their own P3 approach and appropriate supporting documents. 61 141 PPP Canada The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS in May 201 1, PPP (Public- Private Partnerships) Canada announced the third intake of the P3 Canada Fund: and WHEREAS the P3 Canada Fund was created to improve the delivery of public infrastructure and provide better value, timeliness and accountability by increasing the effective use of public - private partnerships; and WHEREAS the $1.2 billion P3 Canada Fund contribution to a given P3 project will not exceed 25% of the project's eligible costs; and WHEREAS to be eligible for a P3 Canada Fund estment, the infrastructure project must be supported by the public authority. with an application deadline of June 30, 2011. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Mewburn Road Bridge Replacement Project as a project for consideration under the P3 Canada Fund. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS in May 2011, PPP (Public- Private Partnerships) Canada announced the third intake of the P3 Canada Fund; and WHEREAS the P3 Canada Fund was created to improve the delivery of public infrastructure and provide better value, timeliness and accountability by increasing the effective use of public - private partnerships; and WHEREAS the $1.2 billion P3 Canada Fund contribution to a given P3 project will not exceed 25% of the project's eligible costs; and WHEREAS to be eligible for a P3 Canada Fund estment, the infrastructure project must be supported by the public authority, with an application deadline of June 30, 2011. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Niagara Falls Soccer Club Indoor Facility as a project for consideration under the P3 Canada Fund. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS in May 2011, PPP (Public- Private Partnerships) Canada announced the third intake of the P3 Canada Fund; and WHEREAS the P3 Canada Fund was created to improve the delivery of public infrastructure and provide better value, timeliness and accountability by increasing the effective use of public - private partnerships: and WHEREAS the $1.2 billion P3 Canada Fund contribution to a given P3 project will not exceed 25% of the project's eligible costs; and WHEREAS to be eligible for a P3 Canada Fund estment, the infrastructure project must be supported by the public authority, with an application deadline of June 30, 2011. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Chippawa Boat Dock Project as a project for consideration under the P3 Canada Fund. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS in May 2011, PPP (Public - Private Partnerships) Canada announced the third intake of the P3 Canada Fund; and WHEREAS the P3 Canada Fund was created to improve the delivery of public infrastructure and provide better value. timeliness and accountability by increasing the effective use of public - private partnerships; and WHEREAS the $1.2 billion P3 Canada Fund contribution to a given P3 project will not exceed 25% of the project's eligible costs; and WHEREAS to be eligible for a P3 Canada Fund estment, the infrastructure project must be supported by the public authority, with an application deadline of June 30, 2011. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Fruitbelt Parkway Road Reconstruction Project as a project for consideration under the P3 Canada Fund. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS in May 2011, PPP (Public - Private Partnerships) Canada announced the third intake of the P3 Canada Fund: and WHEREAS the P3 Canada Fund was created to improve the delivery of public infrastructure and provide better value, timeliness and accountability by increasing the effective use of public - private partnerships; and WHEREAS the $1.2 billion P3 Canada Fund contribution to a given P3 project will not exceed 25% of the project's eligible costs; and WHEREAS to be eligible for a P3 Canada Fund estment, the infrastructure project must be supported by the public authority, with an application deadline of June 30, 2011. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Lundy's Lane Gateway/Walkway Project as a project for consideration under the P3 Canada Fund. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS in May 2011, PPP (Public- Private Partnerships) Canada announced the third intake of the P3 Canada Fund; and WHEREAS the P3 Canada Fund was created to improve the delivery of public infrastructure and provide better value, timeliness and accountability by increasing the effective use of public - private partnerships; and WHEREAS the $1.2 billion P3 Canada Fund contribution to a given P3 project will not exceed 25% of the project's eligible costs; and WHEREAS to be eligible for a P3 Canada Fund estment, the infrastructure project must be supported by the public authority, with an application deadline of June 30, 2011. THEREFORE BE IT RESOLVED that the Corporation of the City of Niagara Falls submits the Sylvia Place Market and Bus Terminal as a project for consideration under the P3 Canada Fund. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR F- 2011 -26 Niagaraaalls June 13, 2011 REPORT TO: Mayor James Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance SUBJECT: F- 2011 -26 2011 Debentures RECOMMENDATION That Council request that the Region of Niagara to issue debentures on behalf of the City of Niagara Falls, totalling $3,776,686. EXECUTIVE SUMMARY The City's request for debenture financing is for projects completed this year. The use of debenture financing was identified and approved in prior years' Capital budgets. The total required debenture is $3,776,686. 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 2011 and requires direction from Niagara Falls City Council. The City has a number of capital works projects that are completed and require debenture funding to close. FINANCIAL IMPLICATIONS The amount required for the debenture is $3,776,686 as shown in the attached listing of projects. This amount was identified in the 2011 approved Capital budget. This debenture issue has been factored into previous reports to Council. Based on 2011 repayment schedules, the outstanding debt as at December 31, 2011 will be $74.5 million. The only remaining project utilizing debenture funding for project financing is the Museum Rehabilitation Project and it is anticipated that this will be completed in 2012. LIST OF ATTACHMENTS List of 2011 debentures. Recommended by: Respectfully submitted: Todd Harriso , Director of finance Ken Todd, Chief Administrative Officer June 13, 2011 2011 Debentures Project -2- F- 2011 -26 10 Years 5 Years 5 Years 10 Years Fire Radio System E.E. Mitchelson Park Improvements Oaks Park Improvements Patrick Cummings Memorial Sports Complex Total Term Proposed j Requested Amount $3,110,630 87,998 55,580 511,478 $3,776,686 F- 2011 -27 Niagaraaalls June 13, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2011 -27 Monthly Tax Receivables Report RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of May 31, 2011 were $25.3 million compared to $26.8 million in 2010. During May, tax receivables as a percentage of taxes billed decreased from 34.6% in 2010 to 31.8% in 2011. The City's finance staff has had success in resolving 77% of properties that are subject to registration for 2011. There are currently twenty -four properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS /RATIONALE Tax collection for 2011 improved during the month of May. Table 1 shows that taxes outstanding at May 31, 2011 are $25.3 million. This represents a decrease from $26.8 million in arrears for the same period in 2010. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the commercial property class has decreased from a year ago, whereas the residential property class has increased. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2011, 390 properties were subject to registration. Table 3 summarizes the progress of these actions after five months of activity. This table shows 77.4% of the tax accounts or 302 properties have been paid in full or the owners have made suitable payment arrangements. During May, nine accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 73.8% (April) to 77.4% (May). June 13, 2011 - 2 - F- 2011 -27 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of May, there was no change to the status of registered properties. The outstanding taxes for registered properties represents 8.8% of the total outstanding taxes at month end. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at May 31, 2011 is 31.8% which is a decrease from 2010's value of 34.6 %. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Recommended by: Respectfully submitted: A. Felicetti Taxes Receivable at May 31, 2011 Taxes Receivable by Property Class at May 31, 2011 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Todd Harrison, Director of Finance Ken Tod , Chief Administrative Officer Taxes Receivable by Property Class as at May 31, 2011 Outstanding Taxes @ April 30, 2011 2011 Taxes Owing % of Class 2010 Taxes Owing % of Class Residential $ 9,836,839 38.92% $ 9,470,549 35.38% Multi- Residential $ 476,635 1.89% $ 381,842 1.43% Commercial $ 13,934,628 55.13% $ 16,017,971 59.84% Industrial $ 1,009,277 3.99% $ 885,006 3.31% Farmlands $ 17,909 0.07% $ 12,958 0.05% Total Receivables $ 25,275,288 100.00% $ 26,768,326 100.00% Total Taxes Receivable Owing at May 31, 2011 2011 2010 Outstanding Taxes @ April 30, 2011 $ 31,125,063 $ 32,944,695 Penalty charged in May $ 251,512 $ 276,494 Taxes Collected during May $ 6,101,287 $ 6,452,863 Outstanding Taxes @ May 31, 2011 $ 25,275,288 $ 26,768,326 Taxes Past Due $ 25,275,288 $ 26,768,326 TABLE 1 TABLE 2 Scheduled Tax Sales Date Properties Subject to Registration as at April 30, 2011 Properties Subject to Registration as at May 31, 2011 % Initial Amount 390 390 14 Paid in Full 73 82 21.0% Payment Arrangements 215 220 56.4% Ongoing Collection Action 102 88 22.6% Registered 0 0 0.0% 390 390 100.0% Scheduled Tax Sales Date Number of Properties Taxes Oustanding Amount May 2011 0 $ - November 2011 14 $ 1,520,728 May 2012 10 $ 715,836 Totals 24 $ 2,236,564 TABLE 3 TABLE 4 , ;71/4 NiagaraJgIIs REPORT TO: SUBMITTED BY: SUBJECT: RECOMMENDATION EXECUTIVE SUMMARY Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario Municipal Works MW- 2011 -06 Fruitbelt Parkway Reconstruction Project Cotton Construction Development Agreement MW- 2011 -06 June 13, 2011 That the Mayor and City Clerk be authorized to execute a Development Agreement with Cotton Construction Inc. for the reconstruction of Fruitbelt Parkway. For the past three years Municipal Works staff have been attempting to maintain Fruitbelt Parkway to meet the minimum maintenance standards adopted by City Council. This road provides access to viable businesses namely, Modern Corporation and Cotton Inc. The road has failed due to poor drainage and use by heavy equipment (Garbage trucks, Concrete trucks). Council has directed staff to complete the engineering design and commence cost - sharing negotiations with the benefiting property owners. The project involves land exchange some private and public side drainage works and the construction of a temporary access road so that the businesses are not disrupted during the construction phase. These complexities add to the construction cost of the project that has been estimated to be approximately $800,000. Municipal Works staff recognize that while the condition of this road is very poor there are other priorities in the municipality where limited funding could be better allocated. Cotton Construction Inc. is a reputable firm that has completed a number of successful projects in the City. They have proposed a solution that would involve their firm completing the construction of the storm sewer and road works to the City's specifications and assume responsibility for the initial Capital expense which could be paid back by the City over a three year term. The terms of this arrangement would have to be governed by a formal Development Agreement which addresses the land issues, quality control, repayment terms and other construction related matters. This work could commence later this Summer. Staff are recommending that we use this alternative project delivery model (Build /Finance) as a creative solution to the current Capital Project funding challenges. Several meetings were held with stakeholders to discuss various options to fund the project The road continues to deteriorate with regular truck traffic to a point to which temporary measures are no longer effective. The stakeholders have expressed concerns with the degraded condition of the road and are requesting the reconstruction of the road in 2011. 1. Capital Project funded by the City 2. Local Improvement Project 3. Divestiture of Asset (Private Road) Option #1 is preferred by the benefiting property owners however staff are concerned that an investment of this scale for the benefit of two properties does not represent the best value for the Corporation. Option #2 is not preferred due to the cost implications to the adjacent properties. Option # 3 eliminates the City's exposure to risk and avoids the Capital cost however the benefiting landowners would still have to fix the road to an acceptable standard. The proposal to have Cotton Construction complete the work is a reasonable compromise as it provides the following; • June 13, 2011 BACKGROUND -2- MW- 2011 -06 City Council authorized staff to commence the Engineering Design Phase of this project and began cost sharing negotiations with the benefiting landowners in March 2009 (MW- 2009 -11). ANALYSIS /RATIONALE Staff have examined three options; Shares the risk of any cost overruns, Allows the project to commence this year, Allows the deferral of a Capital Expenditure without borrowing or debentures, With Council's concurrence staff will finalize the Development Agreement and present the corresponding By -Law at a future meeting. FINANCIAL IMPLICATIONS The terms of the Development Agreement including the repayment schedule have yet to be finalized however the proponents are suggesting a 3 year term. This would require a contribution from the City of approximately $267,000 per year. The City will reserve the right to pay out the balance at its discretion. LEGAL IMPLICATIONS The project design, specifications and cost estimates have been prepared by an independent consulting firm and represent an accurate forecast of the actual cost of construction. Although the City's procurement policy normally requires the tendering of Capital works this Agreement includes credit for land exchange, works and access to private lands which normally are not part of a tendered project. These contributions in kind, while difficult to quantify, are avoided costs for the municipality. June 13, 2011 COMMITMENT TO COUNCIL PRIORITIES Implementation of the Capital Project meets the intent of Council's strategic priorities to establish infrastructure investment priorities and to strengthen and promote economic development within the City including alternative service delivery models. LIST OF ATTACHMENTS 1. Location Plan 2. MW- 2009 -11 - Fruitbelt Parkway Road & Drainage Improvements Project Dated March 9, 2009 Recommended by: Respectfully submitted: R. Volpini -3- MW- 2011 -06 kL Geoff Holnlan, Director of Municipal Works Ken To d, Chief Administrative Officer Revised is araJa1ls Fruitbelt Parkway Road and Drainage LEGEND Future Storm Sewer New Roadway Reconstruction Urban Area Boundary Hydro Property Parcel This data is provided as is" and the Oty of Niagara Falls (the City) makes no representations or warranties, express or implied, as to the accuracy or completeness of the data. The maps and drawings contained herein are intended for general layout purposes only and shall not be considered as official plans or drawings. For further information, please contact the City. The City shall not be held liable for special, incidro dd, consequential or indirect damages arising from the use of this data. Users assume all risks in using this dab. No part of these digital images, or information, or hardcopies made from them may be reproduced and /or distributed without this disclaimer. mprovements April 20U K: \GIS_Requests\ 2008\ Custom \Int anal\ MunWorks \Fruitbelt_Extension.rnap • • • • • • March 9, 2009 Members: RECOMMENDATION: BACKGROUND: site plan compliance issues, private sanitary sewage systems, major drainage problems, surplus property issues, safety and sight line problems, street lighting concerns. Niag arapa1ls Councillor Carolynn loannoni, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Re: MW- 2009 -11 Fruitbelt Parkway Road and Drainage Improvements Project Working Together to Serve Our Community MW- 2009 -11 The recommendation(s) contained in this report were adopted in committee and ratified by City Council That staff be authorized to commence the Engineering Design Phase of this project and commence cost- sharing negotiations with the benefitting land owners. Municipal Works staff has been working on major roadway repairs on Fruitbelt Parkway opposite the lands accessed by Cotton Inc. and Modern Corporation and has spent in excess of $28,000 over the past four months to keep this roadway passable for the employees of these two properties. While these costs have been accommodated within the Operating Budget, the commitment to resolving this problem is only temporary. Our investigations have raised a number of other issues which complicate the matter including; Staff has discussed the problems and potential solutions with the affected property owners and scoped out the preferred alternative conceptually. (see attached plan). Further engineering resources are needed to complete the design and to determine an accurate cost estimate. Staff is also seeking authorization to pursue cost- sharing alternatives or other funding solutions with the adjacent property owners which will allow us to address the outstanding property issues and helpyoffset the extra costs associated with having to construct a -road Box 1023, Niagara alts, ON, Canada .L2E 6X5 905 -356 -7521 www.niagarafalls.ca Community Services Department Municipal Works March 9, 2009 - 2 - MW- 2009 -11 that can withstand the volume and weight of the heavy vehicles accessing these properties. These engineering costs are not expected to exceed $80,000. Since this is a new project the funding for this phase of the project should be included in the 2009 Capital Budget. The actual reconstruction of the roadway is not expected until 2010. Due to the urgent nature of this problem, staff is asking for Council's consideration in advance of the approval of the Capital Budget so that we can immediately commence the engineering phase. Attached for your review are letters from Cotton Inc. and Modern Corporation in support of this initiative. Recommended by: Respectfully submitted: Geoff Holman, Director of Municipal Works Ed Dujlovic, Executive Director of Community Services SIREPORTS120091MW- 2009 -11 - Fruitbelt Pkwy Road and Drainage Improvements.wpd Niagara,Falls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -33 CB &FIG - 2011 -001, Commercial Building & Facade Improvement Grant Application Aleksandra Stojanovic & Damir Trninic 5725 Robinson Street RECOMMENDATION PD- 2011 -33 June 13, 2011 1. That Council approve the Commercial Building & Facade Improvement Grant Application for 5725 Robinson Street, subject to the owner satisfying the program requirements including the entering into an agreement with the City and obtaining any required permits. 2. That funds from the Historic Drummondville CIP Reserve be used to pay the grant for this application. 3. That the Mayor and Clerk be authorized to sign and execute the agreement. EXECUTIVE SUMMARY The application can be supported because: the proposed commercial building and facade work complies with the City's grant program; and the funding will assist in improving the appearance the building within the Historic Drummondville area. BACKGROUND The subject property is located within the Historic Drummondville CIP Project Area. The building is zoned as a Tourist Home containing not more than four bedrooms for tourists. The owners are taking steps to improve the appearance of the building, adding signage and repairing the roof before turning the home into a tourist home. The owners live on the premises. The application before Council is to request funds for improvements to the facade of the building which includes pointing of existing brickwork, improving exterior stucco, replacing windows and front storm door. The owners will be placing a new sign in the front yard to June 13, 2011 - 2 - PD- 2011 -33 recognize the home as a tourist home. This cost is estimated to be approximately $19,750. The owner will be eligible to receive a maximum facade grant of $9,895 and the Region will contribute half of this amount. The application also involves improvements to the existing roof. The estimate to repair the roof is approximately $8,000 and the applicant will be eligible to receive one half of this amount. The total contribution by the City if the application is approved, is approximately $8,950. The owner will be required to enter into an agreement with the City for this funding request and satisfy all the requirements of the incentive program. FINANCIAL IMPLICATIONS The expenses related to the grant are to be taken from the Historic Drummondville Reserve. Only a small amount of Reserve remains as $319,000 has been transferred to the Capital Budget as part of the redevelopment of Sylvia Place Market. CITY'S STRATEGIC PRIORITIES The approval of the application will satisfy Council's strategic priority by implementing the financial incentive programs within the Historic Drummondville CIP and will assist in the ongoing revitalization of the area. LIST OF ATTACHMENTS ► Appendix 1 - Location map of the subject property Recommended by: Respectfully submitted: B.Bolibruck Attach. (1-L,Jc kt‘ S : \PDR \2011 \PD - 2011 -33, CB &FIG 2011 -001 5725 Robinson Street.wpd Alex Herlovitch, Director of Planning, Building & Development J Ke Todd, Chief Administrative Officer June 13, 2011 - 3 - APPENDIX 1 PD- 2011 -33 PD- 2011 -38 Niagaraaalls June 13, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2011 -38 Matters Arising from Municipal Heritage Committee RECOMMENDATION 1. That Council approve the alteration /restoration projects and grants for the following designated properties: (a) Earl Thomas House, 6320 Pine Grove Avenue, owners Len and Angela Inkster, for the cost of painting of the sunroom and south gable end of the house. (b) Doran /Marshall /Burke House, 4851 River Road, owners Gary and Carolyn Burke, for the cost of repairs to the cedar shingles on the carriage house. 2. That Council approve the addition of the property at 5021 Garner Road to the Municipal Register of Heritage Properties. EXECUTIVE SUMMARY At the May 25, 2011 meeting of the Municipal Heritage Committee, the following motions were adopted: That the Committee supports the following grant applications: - The Earl Thomas House, to a maximum amount of $3,000. - The Doran /Marshall /Burke House to a maximum of $3,000. The Committee also supports the addition of the property at 5021 Garner Road to the Municipal Register of Heritage Properties, as a `listed' property. BACKGROUND The Municipal Heritage Committee held its regular meeting on May 25, 2011 and considered 3 Designated Property Grant applications. The Committee was supportive of 2 of the 3 applications and deferred one application in order for the applicant to provide further details to the Committee. June 13, 2011 1. Designated Property Grant Application 6320 Pine Grove Avenue, Earl Thomas House Designated Property Grant Application 4851 River Road, Doran /Marshall /Burke House FINANCIAL IMPLICATIONS - 2 - PD- 2011 -38 An application was received from the owners of the above noted property for the painting of the sunroom and the south gable end of the house. The proposed work will assist in preserving the original sunroom on the house as well as the gable end of the upper storey of the house. The owners will retain the original colour of the house which features Tight coloured stucco between brown timbers. The Municipal Heritage Committee supports this restoration project. The grant guidelines state that two- thirds of the eligible costs of a project to a maximum of $3,000 will be paid to an owner. The estimated cost of this project is $4,912.08. Grant guidelines cap the amount of eligible costs at $3,000.00. The following motion was adopted by the Municipal Heritage Committee: "That the Committee supports the application as submitted for two - thirds of the cost to a maximum of $3,000.00 for the repainting of the sunroom and gable end on the upper storey of the south end of the house as it will assist in preserving the original sunroom and exterior of the south end of the house. " An application was received from the owners of the above noted property for the restoration of some of the cedar shingles on the roof of the carriage house. The carriage house is an original heritage attribute described in the reasons for designation of the property. The owner provided photographs of the deteriorated shingles on the north portion of the roof so that exposed tar paper /felt underlay could be seen. The Municipal Heritage Committee is supportive of this work as it will prevent further deterioration and assist in the preservation of the two storey carriage house. The grant guidelines state that two thirds of the eligible estimated costs of a project to a maximum of $3,000 will be paid to an owner. The estimated cost of this project is $4,935.00. Grant guidelines cap the amount of eligible costs at $3,000.00. The following motion was adopted by the Municipal Heritage Committee: "That the Committee supports the application as submitted for two- thirds of the cost to a maximum of $3,000.00 for the restoration of cedar shingles on the roof of the carriage house as it will prevent further deterioration and assist in the preservation of the carriage house. " The 2011 Budget allocates $9,000.00 to the Municipal Heritage Designated Property Grants. These two projects represent, if used to the maximum, $6,000 of the funds allocated in the current budget year. June 13, 2011 - 3 - PD- 2011 -38 3. Addition to Municipal Register of Heritage Properties - 5021 Garner Road P.Boyle:mb It was brought to the attention of the Municipal Heritage Committee that the property at the 5021 Garner Road, (at the southeast corner of Garner Road and Beaverdams Road) is a property that should be added to the Municipal Register of Heritage Properties. The property consists of 73.9 ha (182.6 acres) of land, most of which is farm land, with a portion of the property at the corner of Garner Road and Beaverdams Road that contains approximately 9 buildings, including a house and several barns and outbuildings. The property which is situated outside the Urban Area Boundary, is zoned Agriculture, in part and Hazard Land, in part. The Ontario Heritage Act contains Regulation 9/06 which sets out criteria by which properties can be measured to determine if they are worthy to be designated under the Ontario Heritage Act. The Committee determined that the property met the criteria of Regulation 9/06 of the Ontario Heritage Act as follows: Design or Physical value: The barn and silo represent the style, material and construction method of rural agricultural buildings of which few examples remain in the northern part of the municipality. The barn has a ramped entrance and the silo roof may be a rare or even a unique example of local construction. Historical or associate value: A neighbour has suggested that the property contained one of the communities earliest wineries. Although nothing of this winery remains, the barn and silo may have the potential to yield information that could contribute to our understanding of the agricultural community and its culture. Contextual value: These buildings are important in defining, maintaining and supporting the character of the area. Their location on the corner of two major rural roads has lent them an measure of prominence in that part of the community. The farm is an important vestige of how the community once appeared. Based on the evaluation by the Committee, it is recommended that this property be listed in the Municipal Register of Heritage Properties. The listing of the property does not oblige or restrict the actions of the property owners in any way, with the exception that should they wish to demolish the buildings on the property they must give the City, through notification to Council, 60 days notice of their intention to demolish. Recommended by: Respectfully submitted: S: \PDR\2011 \PD- 2011 -38, Matters Arising from MHC.wpd /164, 1,1, Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2011 -10 Request to Name Section Four of the Millennium Trail RECOMMENDATION R &C- 2011 -10 June 13, 2011 That Council approve the recommendation of the Recreation Committee to name section four of the Millennium Trail in honour of Paisley Janvary-Pool. EXECUTIVE SUMMARY The Naming and Renaming Parks Policy directs requests for naming or renaming of parks, open spaces, and component features to the Recreation Committee for their consideration and recommendations to Council. A request was considered by the Recreation Committee on April 12, 2011, to name the newly completed section of the Millennium Trail in honour of Paisley Janvary-Pool. BACKGROUND The purpose of the Naming and Renaming of Parks Policy as stated in Attachment # 1 is to outline the procedure for commemorative naming of parks /open spaces, and component features, as part of the acquisition and /or management of these spaces by the City of Niagara Falls. The policy directs such requests to the Recreation Committee for their consideration and recommendations to Council. At the April 12, 2011, meeting of the Recreation Committee, a request to name the new section of the Millennium Trail, see Attachment # 2, in honour of Paisley Janvary-Pool was considered and the following motion was made: IT WAS MOVED BY Don Jackson, seconded by Dan Cummings, that the request to name Section Four of the Millennium Trail in honour of Paisley Janvary-Pool be supported. Motion Carried As per the procedures outlined in the pertinent policy, a Public Notice regarding the "Request to Name Trail" was posted on the City's Website for 30 calendar days. No comments were received from the Public by the Recreation Committee. In addition, the nominee is aware of the request and has provided her consent to move forward with the June 13, 2011 - 2 - R &C- 2011 -10 process. Letters of support were received and are included in Attachment #3 & 4. The nominee, Paisley Janvary-Pool, has been a dedicated volunteer in Niagara Falls for more than 50 years. She has been involved in a wide array of organizations and many of them have been related to sport and recreation, see Attachment #5 for detailed information. As Chair of the Civic Committee, Paisley was an integral part of the process and decision to submit the Millennium Trail as one of the projects to be considered to commemorate the new Millennium. In late 1998, the Federal Government announced funding for projects to commemorate the new Millennium. Through the Civic Committee, Parks, Recreation & Culture advertised for the community to submit potential projects. Several projects were submitted including a proposal from the Trails & Bikeway Committee for a multi use recreation trail along the west side of the Ontario Power Canal north of McLeod Road. The Civic Committee acknowledged the value of recreational trails for the community and passed a motion that was encouraged by Paisley, to submit the trail proposal, along with others, as a potential Millennium Project. In the spring of 1999, Niagara's MP Gary Pillitteri contacted the City and advised that they were successful in achieving 1/3 funding (approximately $130,000) from the Federal Government for the trail. Council committed a matching amount with the remaining 1/3 being to be raised by the community. More than $100,000 was raised from the community. The official opening of the Millennium Trail occurred in the spring of 2001. As per the Naming and Renaming of Parks Policy, Paisley Janvary-Pool is a suitable candidate. 2.3. Names for consideration shall be those of distinguished persons, organizations, corporations, foundations or families: a) where there has been significant contribution to the quality of life, well being of the City of Niagara Falls; or c) demonstrated excellence, courage or exceptional service to the citizens of the City of Niagara Falls ANALYSIS /RATIONALE The attached policy outlines the process for the naming and renaming of parks. The Recreation Committee, Recreation & Culture Department, and Municipal Works Department support the request to name section Four of the Millennium Trail. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Since the project is in its final stages, the cost of signage for the trail is included in the project budget. The Park in the City Committee and Recreation Committee will organize a small ceremony /unveiling. Typically a ceremony would cost approximately $100.00. June 13, 2011 - 3 - R &C- 2011 -10 CITY'S STRATEGIC COMMITMENT The development of Millennium Trail Section Four falls in the Strategic Priority of Healthy and Safe Community focussing on promoting awareness and opportunities for active living. LIST OF ATTACHMENTS 1. 1000.32 Naming and Renaming of Parks Policy. 2. Letter Requesting the Naming of the New Section of the Millennium Trail from Pamela Janvary Gillespie. 3. Letter of Support for the Naming of Section Four of the Millennium Trail from Councillor Victor Pietrangelo, Chair of the Park in the City Committee. 4. Letter of Support for the Naming of Section Four of the Millennium Trail from Carol Stewart- Kirkby, Executive Director of the United Way of Niagara Falls and Greater Fort Erie. 5. Background Information Regarding Paisley Janvary-Pool Approved by: BA Attachments Recommended by: /` Kathy Moldenhauer, Acting Director of Recreation & Culture Ken Todd, Chief Administrative Officer DEPARTMENT: COMMUNITY SERVICES PARKS, RECREATION & CULTURE DATE EFFECTED: APRIL 13, 1982 DATE REVISED: August 28, 1995 September 10, 2007 November 26, 2007 POLICY: Naming and Renaming of Parks R- 2007 -14 R- 2007 -35 Purpose: Objective: POLICY SECTION: 1000.32 Page 1 of 7 The purpose of this policy is to outline a procedure for the commemorative naming or renaming of parks /open spaces, and component features as part of the acquisition and /or management of these spaces by the City of Niagara Falls. Commemorative Naming refers to the naming of a property in honour of outstanding achievement, distinctive service, or significant community contribution, generally without financial consideration. 1. To provide a consistent process for the City of Niagara Falls to recognize significant local events, people and geographic features through the naming of parks /open spaces, and features; 2. To provide the guidelines by which names will be chosen for new City parks /open spaces, and features, and by which these features will be renamed, if necessary; 3. To include community involvement in the naming /renaming, and dedication of parks /open spaces, and features through a clearly defined process. Definition of Terms The following terms are provided for greater clarity. Component Feature - means all substantial structures or recreational aspects of a park which includes, but is not limited to, such things as sport fields, ball diamonds, hard surface courts, tennis courts, lawn bowling greens, bocce courts, gardens, playgrounds, washrooms and skateboard park facilities, etc. Commemorative Naming - naming rights granted to honour outstanding achievement, distinctive service, or significant community contribution. Commemorative naming will not be tied to a financial contribution. Individual and Community Organization Commemorative Naming - naming rights granted to an individual, group of individuals, family foundation, or a non -profit community organization in recognition of significant philanthropy. Page 2 of 7 Open Space - includes, but is not limited to, trails, pathway systems, utility features such as storm - water management ponds, and other like structure under the jurisdiction of the City of Niagara Falls. Parkland- means all parkland designations including, but not limited to, dedicated parkland, city- wide parks, community parks, neighbourhood parks, parkettes, open space, etc. owned by and /or under the jurisdiction of the City of Niagara Falls. Significant Financial Gifts - means a monetary donation reflective of the total capital cost or appraised value of the amenity being considered for naming. Criteria: 1.0 Commemorative Name Designation Associated with Functional Use, Geographic Location or Historical Significance. 1.1 Staff may assign a name based on the adjacent street, functional use, geographic feature, community name or historic significance. Examples include: Alpine Park - adjacent to Alpine Dr. Lundy's Lane Battlefield - Historical Significance 1.2. Chosen names within this designation shall be assigned by Staff and may remain unchanged until a formal request for a name change has been approved by Council. 1.3 The chosen name shall not conflict with similar names, in whole or in part. For example, if a park is named Oakes Park, no other similar name shall be used, such as Red Oak Park. 1.4 Generally, chosen names shall reflect the adjacent street name. For example, Ontario Park - majority of street frontage on Ontario Avenue. This is to ensure continuity and minimize conflicts for emergency services. 2.0 Commemorative Name Designation Associated in Honour of Individuals or Groups. 2.1 This section applies to any request to: a) naming b) renaming a park/open space, or component feature in honour of individuals or groups. 2.2 Council shall approve all names in honour of individuals or groups. All requests for naming, designating or renaming in honour of individuals or groups shall be submitted in writing, with supporting explanation and/or justification to the Chair of the Recreation Committee, c/o the Director of Parks, Recreation & Culture. Staff will forward a report with the Committee's recommendations to Council for consideration. 2.3. Names for consideration shall be those of distinguished persons, organizations, Page 3 of 7 corporations, foundations or families: a) where there has been significant contribution to the quality of life, well being of the City of Niagara Falls; or b) where the person /group is perceived as a role model and open to close scrutiny relative to their character, integrity and values; or c) demonstrated excellence, courage or exceptional service to the citizens of the City of Niagara Falls; or d) to memorialize or otherwise recognize substantial gifts and significant donors, individuals designated by donors, or individuals who have made exemplary or meritorious contributions to the City of Niagara Falls; or, e) where there is a strong historical or cultural connection to the City and has a major contribution to the historical or cultural preservation of the City; or, f) where there is a strong contribution toward environmental preservation, conservation or enhancement of the City; or, g) where there is a major contribution made to the acquisition, development or conveyance of land or building in question and /or its subsequent development; or f) where there is a direct relationship or association that exists between the place or former place of residence of the person or group and the facility /park to be named. 2.4 Naming in honour of elected or appointed public officials, City officials, or Staff shall normally occur only after the public service or City employment has concluded. 2.5 Notwithstanding the above, Council, by resolution, may approve a name or name change in honour of individuals or groups when circumstances justify such an action. Council may also remove the original name designation when circumstances justify such action. 3.0 Commemorative Names of Provincial, National or International Significance 3.1 Council may approve a name or name change in honour of individuals or groups who have made an outstanding contribution provincially, nationally, or internationally. 3.2 In such instances, and prior to approving the use of any name of individuals or group, Staff shall investigate any protocol and /or requirements of any provincial, national or international agency or organization. 4.0 Names Derived from Significant Financial Contributions 4.1 In selected instances where a naming request has been proposed as a result of receiving a unique and extraordinary financial, or other significant contribution, towards the acquisition, creation or redevelopment of a property or park consideration will be given to the sponsorship contribution being provided. The merits and value of each such naming will be evaluated on a case -by -case basis. It should not be assumed that a financial contribution guarantees that a park is named after the service club/business /individual /organization. Page 4 of 7 5.0 Renaming Existing Parks 5.1 Renaming of parks and open spaces carries with it a much greater burden of process compared to initial naming. Tradition and continuity of name and community identification are important community values. Each application must meet the criteria in this policy, but meeting all criteria does not automatically ensure renaming. 5.2 Critical examination will be conducted to ensure that renaming the park will not diminish the original justification for the name or the prior contributors. Renaming will follow the same procedures as naming a park/open space, or component feature: a) Only parks and facilities named for geographic location, outstanding feature or subdivision should be considered for renaming. Parks that have been named by deed restriction shall not be considered for renaming; b) Parks and facilities named after individuals shall not be changed unless it is found that because of the individual's character the continued use of their name would not be in the best interest of the community. 5.3 Existing names will not be changed without the consideration of: a) the historical significance of the existing name; b) the impact on the individual or organization associated with the existing name; c) the cost and impact of changing existing signage, rebuilding community recognition and updating records (data bases, maps, promotional materials, etc.). 5.4 Only nominations having a direct relevance to the park/open space, or a component feature within the space in question will be considered for renaming. 5.5 Renaming of a park/open space, or component feature may occur if: a) the policy criteria are met; and b) a valid justification for renaming the facility is provided; and c) changing the name will not cause undue confusion within the community; and d) an appropriate level of community support exists. 6.0 Inventory of Names 6.1 The Parks, Recreation & Culture Department shall be responsible for maintaining an inventory of names for parks /open spaces, and component features. 6.2 Proposals for names that will not be given consideration or counted as part of the inventory include: a) names that cause confusion for the public or emergency services due to duplication with an existing name; b) names that duplicate a school or facility name that is not directly adjacent to the area to be named; c) names that are meaningful only to a few members of the community; Page 5 of 7 d) the proposal suggests a name after a specific builder or developer; e) the proposed name advertises a product or private company. 7.0 Sign age 7.1 The City will be responsible for coordinating the public presentation of signage to acknowledge the naming /renaming designation. Costs associated with naming /renaming of a park/open space, or component feature as outlined in this policy will be assumed by the City of Niagara Falls. 7.2 The City will have final approval for the selection and location of any signage, including signage text and design. 7.3 The addition of flowers, plant material, other signage and/or ornaments /memorials near the sign, by the public, is prohibited. 7.4 The City will bear the responsibility of ongoing maintenance for the signage. Procedures: 1. Any individual or group wishing to submit a request for naming /renaming any park/open space, or component feature must provide a written proposal to the Recreation Committee, c/o the Director of Parks, Recreation & Culture Department, and should include at least the following minimum information: i) name of the applicant; and ii) identification of the parks /open spaces or park features to be named/renamed; and iii) proposed name; and iv) background information describing the accomplishments and /or legitimacy of the name designation; and Proposals are encouraged to include letters of endorsement supporting the application. 2. When there is a local neighbourhood association or community group associated with the area in which the park/open space, or component feature in question is to be named, the Parks, Recreation & Culture Department will circulate the proposal to those parties. 3. When possible, if a request to name /rename is directly associated with, or is on land that has been donated to the City, the original donor or family will be advised. 4. When a naming /renaming request is submitted, Staff shall conduct a historical review of the current name prior to recommending approval. 5. When a naming /renaming request is submitted, staff will ensure that the nominee being honoured is in agreement with the naming proposal (if they are living), or by their legal representative should they be deceased. Page 6 of 7 6. Naming /renaming requests will also appear on the City's website allowing for (30) thirty calendar days for written comments from the public to the Recreation Committee. 7. The Parks, Recreation & Culture Department will convene a meeting of the Recreation Committee, as appropriate, to review the request. Staff will consult and request comments from all other divisions that have jurisdiction relative to the amenity in question. Staff will forward the recommendation(s) of the Recreation Committee via a report to Council. 8. When a request proposes the naming /renaming of a park/open space, or component feature after an individual or group, the report shall be dealt with in- camera, similar to a personnel matter. This will ensure the integrity of the process and avoid any potential embarrassment. 9. The Parks, Recreation & Culture Department will notify the applicant of Council's decision. S:A Policies vPolicy & Procedures Manual \1000.32 Naming and Renaming of Parks.wpd 7960 Oakridge Drive Niagara Falls, Ontario L2H 2W2 March 29, 2011 Mr. Mick Wolfe, Chair Recreation Committee City of Niagara Falls Dear Chair: Now that the new section of the Millennium Trail from Morrison Street to Thorold Stone Road is complete, I have a suggestion for its name. I hope that the Recreation Committee will consider and support the idea to name the new trail in honour of my mother, Paisley Janvary-Pool. As the Committee knows, she has been a strong advocate for the recreation trails in Niagara Falls over the past years and the Millennium Trail has be a special project of hers since its development in the year 2000. All of her life her main focus has been her city and what she could do for it. Beginning at church in her teens, high school sorority, and school politics. Her stay at home years with five children included Minor Girls Soccer coaching and 10 plus years on the Board; Boys and Girls Club Swimathon Chair and Board Chair; NF Lions Club selling brooms; and Chair for 2 terms of the Women's Hospital Auxiliary. She also supplied as a teacher during this time. In 1980, Paisley became an Alderman and served for 21.5 years sitting on many committees from Finance to Civic and Environment. She has chaired these committees and continues to chair the Sports Wall of Fame and Mayor's Disability Advisory Committee. In addition, she has chaired short term committees for the Bicentennial and Millennium Celebrations, Special Needs Committee, and Trillium Awards for house Christmas lighting. She has served on the Recreation Committee for over 30 years. Paisley continues to sit on the Recreation, Park in the City, and Canada Day Committees and has added the 1812 Bicentennial Task Force as her newest effort. Her church commitment is daily. She is Chair of the Board, Church Flowers, In Touch Luncheon, Explorer Group, and continues to teach Sunday School. Her slogan when running for office was "She cares and she's there ". That continues today. It is because of her long time dedication to helping people in this community that the naming of this new trail would be a great and deserving honour to Paisley Janvary-Pool. Your sincere consideration of my suggestion would be greatly appreciated. Sincerely Pamela Janvary Gillespie April 20, 2011 To Whom It May Concern: I am pleased to write this letter of support regarding the naming of the new portion of the Millenium Trail in honour of Paisley Janvary Pool. Volunteers are an integral part of our success in the community. Without them, we would not be able to operate. Mrs. Janvary Pool was the chair of our city -wide fundraising campaign in 2001 and again in 2002. She brought a high level of enthusiasm to the role and successfully raised well over $1.4 million for our community. We always value volunteers who make a commitment and then follow through. Mrs. Janvary Pool is one such person. Since 2001, she has accepted other volunteer positions in our organization, serving tirelessly on several special event committees. She willingly pitches in whenever necessary to help the rest of the volunteer team and has faithfully been a community ambassador for the work of the United Way. Personally, I am aware of Mrs. Janvary Pool's volunteer commitment to our local hospital, her church and many other organizations. Niagara Falls is lucky to call her one of our citizens. She is truly an engaged woman who understands the importance of this community. Please contact me if you have any questions. Sincerely, Carol Stewart- Kirkby Executive Director 7150 Montrose Road, Niagara Falls, ON L2H 3N3 • Tel: 905 - 354 -9342 P.O. Box 266, Fort Erie, ON L2A 5M5 • Tel: 905 -871 -5454 Fax: 905 - 354 -2717 • unitedway ©caninet.com • www.unitedwayniagara.org Y ir e United Way of Niagara Falls and Greater Fort Ede To Whom It May Concern: Yours truly, L r% Councillor Victor Pietrangclo, Chair Park in the City Committee mr: c- r • .. iagara ails Thursday April 14, 2011 Letter of Support for the Naming of Section 4 of the Millennium Trail On behalf of the Park in the City Committee, I am pleased to provide this letter of support and endorsement for the proposed inclusion of Paisley Janvary- Pool's name on Section four of the Millennium Trail. As long serving member of the Park in the City Committee, Paisley has always been a strong advocate for recreation trails in the City of Niagara Falls. In fact the development of the Millennium Trail, in many ways, is owed to her determination and participation in applications for Government funding. Once again, on behalf of the Park in the City Committee, I appreciate the opportunity to provide this letter in support of the effort to name Section 4 of the Millennium Trail in recognition of Paisley's life long commitment to improving the City of Niagara Falls. ls ON, Canada L211 3N Working Together to Serve Our Community Recreation & Culture Ext 3341 Fax 905 -356 -7404 mrichardson acniagarafalls.ca • Paisley Janvary -Pool Paisley was born on April 14, 1935 and raised in Niagara Falls. She was the daughter ofa dentist who was a prominent figure in the City and who spear headed the raising of funds for community projects such as the Niagara Falls Memorial Arena. She learned at an early age the value of volunteering and giving to others less fortunate than herself. She has been active in the community for over 50 years. Paisley was an elementary school teacher and the mother of five children, two step children, & the grandmother of sixteen. It is difficult to see how she found time to balance her family life, teaching career and community involvement. Her dedication to her community is truly beyond comprehension. She continues to spend countless hours assisting many groups such as Project Share, the Ladies Hospital Auxiliary & Stamford United Church. Paisley was an alderman with the Niagara Falls City Council for 21 years, from 1980 to 2000 and 2002 -2003. While on City Council, she seldom missed a meeting. She was a dedicated and hard working alderman who often defended the people who could not defend or speak for themselves. Paisley had no difficulty being vocal to defend in things she strongly believed in. She was a member of numerous City Committee's and chaired many of them and continues to chair a number of these Committee's to this day. She is very much an ideas person who can delegate and get action from members of her group. She is someone who never expects recognition of herself, but often the first to recognize others. Paisley is truly remarkable lady who continues to give of herself so others can enjoy and improve their quality of life. A brief summary of City Committees she has been involved with is as follows: • • Chaired Municipal Works Committee Chair of Civic Committee (20 years) - in charge of annual City events including Canada Day, Man A Mile Relay, Terry Fox Run and Council Awards. Paisley was chair of this Committee for many years. The City's Parks, Recreation & Culture Department has taken over many of the special events, and Paisley remains involved in many of them. Chair of Environmental Planning & Greening Committee/Park in the City Committee (10 + years) - involved in promoting the protection of the environment, Arbor Day celebrations and Environment Awards. This Committee is now called the Park in the City Committee. Although no longer the Chair, Paisley continues as an active member. • Chair of Bicentennial Committee Chair of Millennium Celebration Committee - this Committee was in charge of preparing for Municipal events leading up to the celebration of the new Millennium including the construction ofa Millennium Clock Tower and development of the Millennium Trail. Chair of the Niagara Falls Special Needs Committee - this Committee encouraged mentally challenged individuals to participate in various sports as part of the Ontario Special Olympics. • • Council Representative - on Humane Society, Summer Swim Committee, Summer Playground Committee • Member of Recreation Commission /Committee (30 years) - this Committee promotes development ofMunicipal recreation facilities and provides funding for coaching, athletes and those ofspecial need. Paisley was Council's representative while on Council and currently sits as a citizen representative. She has been a member of the Recreation Commission since it was originally formed in 1978 and this Committee celebrated it's 30 year of existence in 2008. Chair of City's Sports Wall of Fame Committee (23 years) - this Committee recognizes athletes that have attained a high level of achievement in sports. The Committee hosts an annual televised event to recognize the recipients. Paisley is the first and only Chair that this Committee has had. Chair of the Mayor's Disability Committee (12 years) - this Committee advocates on behalf of those citizens who are disabled. The members of this Committee consist of people who are disabled. Paisley has been the leader and Chair of the Committee for the past 12 years. • Chair of the Niagara Falls Special Needs Committee - this Committee existed in the 1980's and encouraged people who were mentally challenged to play in sports. • Chair of the Winter Lights Committee - this Committee encourages residents to place Christmas lights on their house and property. • • War of 1812 Bicentennial Task Force - Paisley is an active member of the Task Force and the Events sub committee assisting to plan events, raise awareness, and make the bicentennial a success. Additional Committees that Paisley is or has been involved with: Member and Volunteer with the Greater Niagara Hospital Ladies Auxiliary/Past President (50 years) - Paisley has been involved for a many years with the ladies auxiliary and continues to volunteer at the hospital by making floral arrangements and assisting patients. Member of Niagara Falls Hospital Board - Paisley was a member of the Hospital Board of Directors before the formation of the Niagara Health System. Board Member of Niagara Falls Project Share - Paisley is a Board member of Project Share which accepts food donations for people in need. Paisley has volunteered at the Project Share Office and helps implement their special events. • President of Girls Minor Soccer - Paisley was a member of the board who started the house league in the 1970's and served as President for a number of years as well as coach. President of the Boys' and Girls' Club of Niagara/Board Member (10 + years) - Paisley was a member of the Board of Directors, for 10 years and swimathon chair, and became the President of the Club in 1978 -79. Chair of United Way Fundraising Campaign (2 years) - Paisley has supported United Way for many years. In 2001 and 2002 she took on the position of Chair of the Annual Fundraising Campaign and lead the campaign in raising $1.4 million for local charities. Also a key volunteer for many years of the Annual Poor Boy Luncheon to benefit United Way. Stamford United Church - Paisley has been member of the Stamford United Church since the 60's. She Chairs the Board, is on the Christian Education Committee, as well as runs the Sunday School Department and has been a Sunday School teacher for more than 30 years. Her Explorer group is the last one in NF and she has led it since the 70's. L- 2011 -12 Niagaraaalls June 13, 2011 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2011 -12 General Insurance and Risk Management Program RFP Our File No. 2011 -75 RECOMMENDATION EXECUTIVE SUMMARY BACKGROUND Tha e City enter Ontario Munici nsurance Exchange "SMEX ") Insurance Reciprocal and con t with OME surance cove for a premium of , 4,622.00. That the insurance RFP be cancelled; and that staff negotiate with Cowan for a one -year term. As Council will recall, the City engaged Meyers Norris Penny LLP ( "MNP ") in July, 2010 to complete a thorough review of risk management practices of the municipality, with the objective to provide a framework for improving these practices. In addition, this review included a review of insurance coverages and established guidelines to issue an RFP later in 2011 for insurance. To meet the City's insurance requirements until the review is completed, the City has engaged the current insurance provider, Frank Cowan Company Limited ( "Cowan ") to extend the insurance coverage for six months, ending June 30, 2011. The annual insurance coverage for the library and the volunteer firefighters is recommended as the risk management review does not cover the library. The MNP review was completed in March, 2011, so as to provide an adequate time frame for Council review of recommendation and of issuing and reviewing the RFP. Staff circulated an RFP for Insurance and Risk Management Services. Three bidders responded. The quality of each of the bids was acceptable. There was little to choose between them on a qualitative basis. Price was, therefore, the critical determining factor in Staff's recommendation. The lowest price offered was that of the OMEX Insurance Reciprocal at $1,454,622.00. On December 13, 2010, the City renewed its insurance coverage through Cowan for a six month period ending June 30, 2011. The City's insurance requirements and portfolio had not been reviewed for quite some time. Council directed that a review be undertaken. Having received the consultant's evaluations, recommendations and observations, on March 4, 2011, Staff issued RFP P10 -2011, an RFP for a General Insurance and Risk Management Program. The original closing date was to be May 6, 2011, however, at the request of two of the proponents, the date for closing was extended until June 3, 2011. Three Proposals were received; The Verge Insurance Group ( "Verge "), Cowan and OMEX. Verge and Cowan are conventional insurance brokers. OMEX is an Insurance Reciprocal. An Insurance Reciprocal is an institution licensed under the Insurance Act under which organizations of similar interests (such as municipalities) agree to indemnify one another and to administer funds and contracts of insurance to protect the members of the group from the financial impact of legal liabilities for specified risks. In essence, a Reciprocal is an insurance cooperative. Something like a credit union of insurance. Each of the proponents demonstrated experience in the municipal insurance field, competence in the area of claims and risk management, and offered a program of risk management assistance to the City that would be beneficial to the City's interests. Staff, therefore, feels comfortable in relying upon price as the determining factor for its recommendation. OMEX offers the best price. The bids are as follows: June 13, 2011 OMEX $1,454,622.00 Verge $1,552,643.00 Cowan $1,556,146.00 ANALYSIS /RATIONALE FINANCIAL /LEGAL IMPLICATIONS Both Verge and Cowan are conventional insurance brokers. OMEX is an insurance cooperative or Reciprocal. One downside to a Reciprocal is that it is possible that there could be what is called a retro- assessment. A retro- assessment occurs when the losses for a given policy period exceed the premiums collected to finance the losses that were anticipated for that period. Essentially, retro- assessments amount to an after the fact premium. The information that Staff received is that retro- assessments rarely occur, but do occur from time to time. It should be noted that the Reciprocal Agreement also provides that, in the event that the premiums collected for a given underwriting period exceed the claims paid during that period, the members of the Reciprocal would receive a refund. Actual municipal representatives sit on the Board of OMEX to ensure that the interests of individual member municipalities are well represented. Staff, with the assistance of MNP, have determined that the City would benefit from adopting a $100,000.00 deductible on general liability matters. To date, the City has employed a $50,000.00 deductible. This will result in an estimated savings of premiums in the amount of $236,227.00. The actual savings will depend on the number of proven claims in an amount between $50,000.00 and $100,000.00 that occur during the premium year. The automobile deductible would be increased from $10,000.00 to $25,000.00. - 2 - L- 2011 -12 Each of the proponents' references were satisfactory. References from members of OMEX were particularly positive in their comments and open to detailed questioning as to their experience with the Reciprocal. The Reciprocal is governed by the same rules that govern conventional insurance companies. It appears to be very successful and has at least 28 members including, London, Milton, Fort Erie, Brampton, Grimsby, Thorold and Lincoln. A complete list of the partner municipalities is attached as Schedule "A ". MNP advises that the insurance coverages offered by the three proponents are virtually identical and that all three are reported to be financially sound. June 13, 2011 - 3 - L- 2011 -12 CITY'S STRATEGIC COMMITMENT This will contribute to the economic vitality, financial stability and customer service excellence of the City, by securing adequate insurance protection at the best possible price. ATTACHMENTS • Schedule "A" - Partner Municipalities • Specifications of insurance to be purchased (pages 28 through to and including 45 of RFP P10 -2011) Recommended by: Respectfully submitted: KB Attachments Ken Beaman, City Solicitor Ken'`rodd, Chief Administrative Officer Our 2011 Clients Include: Town of Arnprior City of Brampton Town of Caledon County of Duffenn Town of East Gwillimbury Town of Fort Erie Township of Front of Yonge Town of Gananoque Town of Georgina SCHEDULE Town of Grimsby City of Kawartha Lakes Township of King Municipality of Leamington Town of Lincoln City of London Town of Milton Town of Mississippi Milles Town of Newmarket Township of NoRvich City of Orangeville City of Owen Sound County of Renfrew City of Sarnia Township of Tiny City of Thorold City of Thunder Bay Town of WhitchurchlStouffville City of Windsor General Insurance and Risk Management Program Page 28 RFP P10-2011 - City of Niagara Falls b) The proposed fee and /or premium will represent the only payment to be received by the supplier for services rendered, except for other additional services requested by the City and mutually agreed upon in advance. Proposals will be evaluated on the basis of total premium cost andior broker fees. Full points will be awarded to the lowest premium that meets all coverage specifications. Premiums should be quoted net of commissions If broker or agent commissions are included in the premium. then the percentage of the commission must be clearly identified. PART E - COVERAGE SPECIFICATIONS 5. Coverage Specifications 5.1 Coverage Requirements Coverage requirements for policies are outlined on the following. pages: (I) Municipal Liability Insurance. (2) Errors and Omissions Liability Insurance. (3) Non- Owned Automobile Insurance. (�) Environmental Liability Insurance. (5) Crime Insurance. (6) Councillors' and Board Members' :accident Insurance. (7) Municipal Conflict or Insurance. (8) Legal Expense Insurance. (q) Recreation Aftiliates- General Liability and Non -Owned Automobile. (10) Property Insurance. 11) Boiler and Machinery Insurance. ( 12) Automobile Fleet Insurance (City & I.ibrars). (13) Automobile Fleet Insurance (Transit). ( 1 d) Garage Automobile Insurance. ‘ I5) Other Miscellaneous Insurance. Copies of specimen wordings are to be included in three (3) of the seven (7) required copies of the Proposal for each policy quoted, including all endorsements. If a policy limit is not achieved through one primary liability policy insurer, but through excess or umbrella policies, the specimen wordings of the excess or umbrella policies and all applicable endorsements must also be provided in the Proposal. All excess liability insurers must also be clearly identified in the Proponent's Proposal as web as on the Premium Cost Quotation Form included in Part F. A declarations page or summary of coverage page should be included identifying all applicable coverage, Limits, sub- limits, aggregate limits and deductibles that apply to each policy. All specimen wordings provided must be complete, legal insurance contracts containing all essential components of a standard insurance policy. Insurers may quote on their own wordings as Iong as coverage is equal to, or greater than, the attached policies in force for the expiring term. Differences must be identified and noted in the proposal. General Insurance and Risk Management Program Page 29 RFP P10 -2011 - City of Niagara Faits 1. MUNICIPAL LIABILITY INSURANCE: NAMED INSURED: The Corporation of the City of Niagara Falls and /or Niagara Fails Library Board Niagara Falls Board of Museums The Board of Management of the Downtown Business Improvement Area The Board of Management of the Clifton Hill Business Improvement Area The Board of Management of the Lundy's Lane Business Improvement Area The Board of Management of the Main & Ferry Business Improvement Area The Board of :Management of the Victoria Centre Business Improvement Area The Board of Management of the Fallsview Business Improvement Area DESCRIPTION: Insures all operations of the City against claims arising from bodily injury, property damage and personal injury. LIMITS OF PROTECTION PER OCCURRENCE: $ 20,000,000.00 any one liability claim with no annual aggregate $ 15,000,000.00 any one liability claim with no annual aggregate (Library) Defence costs are provided in addition to the policy limit DEDUCTIBLE: S 50,000.00 Third Party Claims Deductihle (including expenses) 5 50,000.00 Sewer Backup Deductible (including expenses) 2,500.00 Third Party Claims and Sewer Backup Deductible (including expenses) (Library) 5 5 ,000.00 Wrongful Dismissal Deductible POLICY COVERAGE AND CONDITIONS: Bodily injury, property damage and personal injury and professional liability - No annual aggregate Separate limit of liability Broad definition of insured applies, including: Councillors, employees, statutory officers, firefighters, volunteers, boards, commissions and committees Cross Liability included Employers' liability - Contractual liability - Liquor liability Products liability - Watercraft liability Marina liability Blanket tenants' legal liability (full policy limit) No exclusion For sexual, physical, mental abuse and employment- related practices claims Coverage applies worldwide Professional Liability (including Medical Malpractice) provided on an occurrence basis to the full policy limit Wrongful Dismissal (defence costs) coverage provided to a limit per claim and annual aggregate limit of $250,000.00 Sewer Back Up coverage included to full policy limit ATTACH SPECIMEN COPY OF PROPOSED POLICY & LIST EXCLUSIONS General Insurance and Risk Management Program Page 30 RFP P10 -201 1 - City of Niagara Falls 2. ERRORS AND OMISSIONS LIABILITY INSURANCE: NAMED INSURED: The Corporation of the City of Niagara Falls and/or Niagara Falls Library Board Niagara Falls Board of Museums The Board of Management of the Downtown Business Improvement Area The Board of Management of the Clifton Hill Business Improvement Area The Board of Management of the Lundy's Lane Business Improvement Area The Board of Management of the Main & Ferry Business Improvement Area The Board of _Management of the Victoria Centre Business Improvement Area The Board of Management of the Fallsview Business Improvement Area DESCRIPTION: Insures the City for claims arising from an error, omission, misleading statement or neglect or breach of duty. LIMITS OF PROTECTION PER CLAIM: S20,000,000.00 any one claim with no annual aggregate S 15,000,000.00 any. one claim with no annual aggregate (Library) S 2.500.000.00 sub -limit for Corporate Inderrmification Coverage (Library) Defence costs are provided in addition to the policy limit DEDUCTIBLE. INCLUDING EXPENSES: 550.000.00 Third Part:, Liability ( including expenses) S 2.00.00 Third Party Liability (including expenses) (L a r`y POLICY COVERAGE AND CONDITIONS: Broad Corm definition of Insured applies including: Councillors, employees. statutory officers, firefighter, volunteers, boards, commissions and committees Separate limit of liability applies Administration of employee benefits programs included to the full poiicy limit Coverage applies worldwide Corporate Indemnification Coverage endorsement provides cover to Board Members, Directors and Officers of the Library Board for claims made against them personally where no protection exists under the basic Errors and Omissions policy. ATTACH SPECIMEN COPY OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Page 31 RFP P10-2011 - City of Niagara Falls 3. NON - OWNED AUTOMOBILE INSURANCE: NAMED INSURED: The Corporation of the City of Niagara Falls and /or Niagara Falls Library Board Niagara Falls Board of Museums The Board of Management of the Downtown Business Improvement Area The Board of Management of the Clifton Hill Business Improvement Area The Board of Management of the Lundy's Lane Business Improvement Area The Board of Management of the Main & Ferry Business Improvement Area The Board of Management of the Victoria Centre Business Improvement Area The Board of Management of the Fallsview Business Improvement Area DESCRIPTION: Provides legal liability protection against claims arising out of accidents involving vehicles not owned by the City, but being operated on their behalf. LLMITS OF PROTECTION PER OCCURRENCE: $20,000,000.00 any one liability claim, with no annual aggregate 15,000.000.00 any one liability claim, with no annual aggregate (Library) 250,000.00 legal liability for non -owned vehicles (S.E.F. No. 94) DEDUCTIBLE: 500.00 All Perils (S.E.F. No. 94) NIL (for all other cover) POLICY COVERAGE _AND CONDITIONS: Main coverage is as per S.P.F. No 6 - non - owned automobile policy Comprehensive form Separate limit of liability applies Coverage is extended to provide excess automobile liability insurance, to the policy limit. for Councillors, board members, officers, employees and volunteers for claims arising while driving their own vehicles on municipal business Physical damage coverage is provided for the City's contractual and legal liability for damage to vehicles not owned by the Corporation or any other insured ATTACH SPECIMEN COPY OF PROPOSED POLICY" LIST EXCLUSIONS General Insurance and Risk Management Program Page 33 RFP P10 -201 1 - City of Niagara Falls 5. CRIME INSURANCE: NAMED INSURED: The Corporation of the City of Niagara Falls and, or Niagara Falls Library' Board Niagara Falls Board of Museums The Board of Management of the Downtown Business Improvement Area The Board of Management of the Clifton Hill Business Improvement Area The Board of Management of the Lundy's Lane Business Improvement Area The Board of Management of the Main & Ferry Business Improvement Area The Board of Management of the Victoria Centre Business Improvement Area The Board of Management of the Fallsview Business Improvement Area DESCRIPTION: Provides protection to the City for the loss of money, securities, and other property through the fraudulent or dishonest acts of employees and others. LIiMITS OF PROTECTION: Commercial blanket bond package 31.000.000.00 Counterfeit paper Included to Bond Limit Depositors' forgery Included to Bond Limit Audit expense (Sub-limit 3100,000) Included Money and securities - blanket any location S100,000.00 Excess on securities 5100.000.00 Computer Fraud or Funds Transfer Fraud 5200.000.00 DEDUCTIBLE: S NIL POLICY COVERAGE AND CONDITIONS: Coverage to be provided on a commercial blanket bond package, and may include: Employee dishonesty Loss of money and securities Money order and counterfeit paper currency Depositors forgery' Audit expense coverage to be in addition to overall bond limit_ subject to maximum amount specified Employee is extended to include all persons holding positions in the City's service who are not compensated, and includes members of Council, members of all boards, commissions and committees appointed by and under Council's jurisdiction Definition of "messenger" is extended to include persons not compensated None of the cover is to include a deductible or a minimum loss wording ATTACH SPECIMEN COPY OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Page 34 RFP P10 -2011 - City of Niagara Falls 6. COUNCILLORS' AND BOARD MEMBERS' ACCIDENT INSURANCE: NAMED INSURED: The Corporation of the City of Niagara Falls and /or Niagara Falls Library Board DESCRIPTION: This policy provides accident insurance coverage for the benefit of the City's elected officials and the Library Board. All benefits are payable in addition to any other benefits that the injured person may be in receipt of Parsons to be covered are: Mayor and eight (8) Councillors, and eight (8) members of the Library Board. LLMITS OF PROTECTION: Schedule of Benefits: Principal Sum for Loss of Life Capital Sum for Dismemberment Weekly indemnity - Total Loss of Time (Payable for Life) Weekly indemnity - Partial Loss of flute (Payable for One year) Fru ral E>.pense:s Blanket Accident E.vpenses DEDUCTIBLE. SNIL POLICY COVERAGE AND CONDITIONS: Insured Persons are covered while they are acting within the scope of their duties, including all travel required No age limit restriction No aggregate limit - No waiting periods for weekly income Weekly indemnities are paid in full regardless of the individual's employment status Weekly indemnity for Total Loss of Time is payable for life Blanket accident expenses include dental, chiropractic, registered nurse, podiatrist, ambulance, drugs, crutches, etc. ATTACH SPECIMEN COPY OF PROPOSED POLICY LIST EXCLUSIONS 200,000.00 S 200.000 00 S 500.000 00 S ?f0 00 S 10,000.00 5 [ 0,000 00 General Insurance and Risk Management Program Page 35 REP P10 -201 1 - City of Niagara Falls 7. MUNICIPAL CONFLICT OF INTEREST INSURANCE: NAMED INSLRED: . Ehe Corporation of the City of Niagara Falls and /or Niagara Falls Library Board DESCRIPTION: Provides reimbursement of legal fees and expenses incurred by the elected or appointed members of Council Wh are charged under the Municipal Conflict of Interest Act_ LIMITS OF PROTECTION: 00'/6 of fees and disbursements up to 5100,000.00 (no annual aggregate). POLICY COVERAGE AND CONDITIONS: - Applies to any member of a Board, Commission, or Committee of the City as defined in the Municipal Conflict of Interest Act. Coverage provided for reimbursement of logel fees and expenses incurred by lected or appointed members of Council who are charged under the Municipal Conflict of Interest Act provided that a court finds there has been no contravention or contravention has occurred by reason of inadvertence_ remoteness. or insignificance, or by reason of a bona fide error in judgment. Separate limit of insurance applies to this co - No aggregate limit applies to this policy. Coyerag,e included for any subsequent proceedings under this Act. - Insured may select and instruct legal counsel , ,vith no intervention by the Insurer. ATTACH SPECIMEN COPY OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Page 36 RFP P10-2011 - City of Niagara Falls S. LEGAL EXPENSE INSURANCE: NAMED INSURED: The Corporation of the City of Niagara Falls and; or Niagara Falls Library Board Niagara Falls Board of Museums The Board of Management of the The Board of Management of the The Board of Management of the The Board of Management of the The Board of Management of the The Board of Management of the Downtown Business Improvement Area Clifton Hill Business Improvement Area Lundy's Lane Business Improvement Area Main & Ferry Business Improvement Area Victoria Centre Business Improvement Area Fallsview Business Improvement Area DESCRIPTION: This form of insurance provides for the reimbursement of legal fees and expense incurred by the City in defence of charges laid for an alleged offence under any Statute of the Province of Ontario (except for the Highway Traffic Act and the ;bfitnicipa!l Conflict of Interest Act). Examples of the more common Statutes where such exposure exists are: Fnylron nentai Protection Act Freedom of Information 7Yation and Prot' _ dot of Pr - ivacv Act Occupational Health and Saj'rn ;pct Ontario Water Resources Act Pesticides Act tlunicipa! Elections Act LIMITS OF PROTECTION: 100% of legal fees and disbursements up to 5100,000.00 subject to an annual aggregate for all claims of S250,000.00. POLICY COVERAGE AND CONDITIONS. - Broad form definition of Insured applies. including: Councillors, employees, statutory officers, firefighters. volunteers, boards, commissions and committees - Separate limits of insurance apply - Coverage applies for both "guilty" and not guilty" outcomes - The insured is able to select and instruct legal counsel with no intervention by the Insurer ATTACH SPECIMEN COPY OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Page 37 REP P10 -201 1 - City of Niagara Falls 9. RECREATION AFFILIATES- GENERAL LIABILITY & NON -OWNED AUTOMIOBILE INSURANCE: NAMED INSURED: The City of Niagara Falls Recreation Affiliates and: or Niagara Falls Summer Swim Lessons Niagara Concerts Niagara Falls Concert Band Village of Chippawa Citizens Committee DESCRIPTION: Insures the liability of four (4) Affiliated Associations offering services to the community using City owned facilities; and provides legal Liability protection against claims arising out of accidents involving vehicles not owned b-y- these groups but operated on their behalf. LIMITS OF PROTECTION PER OCCURRENCE: $ 5.000,000.00 any one liability claim S 5.000.000.00 Products and Completed Operations Hazard Aggregate S 5.000.000 00 Employers' Liability Limit S 5.000,000.00 Personal Injury Limit S 1_000,000.00 Tenants Legal Liability S 5.000,000.00 Non -Owned Automobile Liability Legal Liability for Non Owned Automobile Vehicles (Sit. No. 94) S 100.001.00 All Perils Physical Darnage Limit DEDUCTIBLES: S 1,000.00 Third Party Claims Deductible (CGL only) S 500.00 SEF No. 94 POLICY COVERAGE AND CONDITIONS: Bodily injury, property damage and personal injury Separate limit of liability Broad definition of insured applies, including: Group /Association /Committee and their Executive Officers. Directors, Board Members, Employees and Volunteers Liquor Liability Employers' liability Tenants' legal liability Non - Owned Automobile Liability (separate policy) ATTACH SPECIMEN COPY OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Page 38 REP P10-2011 - City of Niagara Falls 10. PROPERTY INSURANCE: NA3vIED INSURED: The Corporation of the City orNiagara Falls andior Niagara Fails Library Board Niagara Falls Board of Museums The Board of Management of the Downtown Business Improvement Area The Board of Management of the Clifton Hill Business Improvement Area The Board of Management of the Lundy's Lane Business Improvement Area The Board of Management of the Main & Ferry Business improvement Area The Board of Management of the Victoria Centre Business Improvement Area The Board of Management of the Fallsview Business Improvement Area DESCRIPTION: Insures the City's buildings, contents and equipment or other property for which the City is legally liable or has agreed in advance to insure, for darnage caused by "All Risks" of direct physical loss or damage LL'4IITS OF INSURANCE: Total Stan Insured (City & Library) Includes: Valuable Papers - Accounts Receivable - Extra Expense, any one location - Rant or Rental Value Business Interruption (Gross Revenue) Data Processing Watercraft Floater -mo (2) 1995 All Weather Hornets. Twin 90's, 20 feet, used for Fire Set-, ices Fine Arts Form Exhibition Form DEDUCTIBLES: Data Processing_ Fine Arts Form, Exhibition Form_ Museum Contents, Furnishings of Niagara Falls Professional Fire Fighters Association, History Books "The Niagara Portage Road ". and Educational Toy "Flashy" Library Property All Other Property S 150,615.052.00 500,000.00 500.000.00 500,000.00 500,000.00 3,866.345.00 2,96I.700.00 194, 5 00.00 258,600.00 (as per lists provided) S 2,500.00 5,000.00 10,000.00 General Insurance and Risk Management Program Page 39 RFP P I O -201 1 - City of Niagara Falls (Property Insurance Continued) POLICY COVERAGE AND CONDITIONS: Broad Definition of property insured No co- insurance clauses Replacement cost coverage provided Worldwide coverage included Replacement on same site not required No restriction on property in transit and coverage provided to policy limit Newly acquired property automatically included with no limit other than the policy limit Sewer back -up coverage included By -law coverage included to the policy limit Permission granted: to make additions, alternations and repairs; for property to remain vacant or unoccupied; to keep and use materials as usual and necessary to the Insured's business Debris removal (including EnvironmentaliPollution Clean -up) included to policy limit If a single loss involves both the automobile and property insurance policies, the property policy deductible is waived only on any insured property attached to the automobile One deductible applies should there be a loss involving both the property and boiler and machinery insurance policies Property insurance limit provided on a blanket basis with no regtarement to file or sign an annual Statement of Values form or obtain property appraisals for valuation purposes ATTACH SPECIAIEN COPY OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Page 40 RFP P10-2011 - City of Niagara Falls 11. BOILER AND MACHINERY INSURANCE: NAMED INSURED: The Corporation of the City of Niagara Falls andior Niagara Falls Library Board Niagara Falls Board of Museums The Board of Management of the Downtown Business Improvement Area The Board of Management of the Clifton Hill Business Improvement Area The Board of Management of the Lundy's Lane Business Improvement Area Me Board of Management of the Main & Ferry Business Improvement Area The Board of Management of the Victoria Centre Business improvement Area The Board of Management of the Falisview Business improvement Area DESCRIPTION Objects Insured 'A' .Any boiler, any fired vessel, any metal unrefined vessel subject to a vacuum or internal pressure, other than static pressure of any refrigerating system. or any piping and its accessory equipment and including any boiler or pressure vessel mounted on mobile equipment 'B' Any mechanical or electrical machine or electrical apparatus used for the generation, transmission or utilization oI mechanical or electrical po'ver. This includes transformers. bus structure. miscellaneous electrical apparatus, motors, compressors, pumps, air conditioning units, etc. as well as communication equipment. LIMITS_ Per Accident - Comprehensive S50,000,000 00 Extra Expense 500.000.00 Water Damage 0 00.000.00 Ammonia Contamination 500,000.00 Hazardous Substance (including PCB Contamination) 500,000.00 Expediting Expenses included Business Interruption (Gross Revenues): - Niagara Falls Memorial Arena, 5 145 Centre St. 319,800 00 Stamford Memorial Arena and Jack Bell Arena 6750 Frederica St. 634.000.00 Chippawa Willoughby Memorial Arena, 9000 Sodom Rd. 207,500.00 Swimming Pool, F H. Leslie Park, 5250 Valley Way_ 28,000.00 Swimming Pool, Mitchelson Park, Dorchester Road, Swimming Pool at Prince Charles Park, 6320 Arad St., Office, Lunchroom and Maintenance Building, 4501 Stanley Ave McBain Community Centre, 71560 Montrose Road 42,000.00 Terminal, Garage, Office Building, 4320 Bridge St and 1,800,000.00 Bus Terminal, 4555 Erie Ave. Spoilage - Goods under Refrigeration 50,000.00 Professional Fees 500,000.00 Data Restoration 25,000.00 By- Law Cover Included Errors and Omissions 100,000.00 Denial of Access 2 Weeks General Insurance and Risk Management Program Page 41 REP PLO-2011 - City of Niagara Falls (Boiler and Machinery Insurance Continued) DEDUCTIBLES: $ 10.000.00 $ 2.500.00 (Library) POLICY COVERAGE AND CONDITIONS: Comprehensive Blanket coverage provided Computer Control Equipment - coverage is provided for breakdown of equipment whenever it is used solely to control or operate an insured object Broad definition of Object, includes communication equipment and production machinery Settlement is based on repair or replacement costs (no depreciation factor) Broad definition of Accident applies New locations and newly installed objects are automatically included One deductible applies should there be a loss involving both the boiler and machinery and property insurance policies ATTACH SPECIMEN COPT' OF PROPOSED POLICY LIST EXCLUSIONS General Insurance and Risk Management Program Page 42 RFP PI0 -201 I - City of Niagara Falls 12. AUTOMOBILE FLEET INSURANCE (CITY & LIBRARY): NAMED INSURED_ - hhe Corporation of the City of Niagara Falls DESCRIPTION: This policy provides protection for all claims arising out of the use or operation of licensed automobiles owned or leased by the City. Coverage is provided as per the Statutory- automobile Owner's Policy (O.A.P- 1). LIMITS OF PROTECTION: - Liability Limit - Liability Limit (Library) 520,000,000.00 515,000,000.00 DEDUCTIBLES: City: - Section 3 (Third Party) 5 10,000.00 - Section 6 (Direct Compensation) 5 10,000.00 - All Perils 5 10,000.00 Li brar'. - All Perils (Library) 5 1.000.00 POLICY COVERAGE AND CONDITIONS. Coverage provided for .i Milt accident benefits, uninsured automobile and direct compensation (pr ep cri ), damage) Coverage is automatically extended to i icludc: - Newly. acquired vehicles - Inappropriately licensed drivers - Permission to carry explosives Permission to rent or lease - Damage caused by freezing of Apparatus. and - Permission to carry passengers for compensation. Replacement cost to provide repairs or replacement of vehicles with no deduction for depreciation. (Refer to the City & Library Fleet Schedule) Guaranteed Amount coverage can be provided on specified vehicles. Repairs or replacement will be undertaken without ithout deduction for depreciation up to the Guaranteed Amount shown on the automobile schedule attached to the policy. (Refer to the City & Library Fleet Schedule) Valued coverage can be provided on specified vehicles; usually those that are obsolete. would not be replaced, or would be replaced with a used vehicle- (Refer to City & Library Fleet Schedule) Actual cash value coverage can be provided on specified vehicles. (Refer to City & Library Fleet Schedule) [f a single foss involves both the automobile and property insurance policies, the property policy deductible is NAaived only on any insured property attached to the automobile. ATTACH SPECIMEN COPY OF PROPOSED POLICY r provide a copy of your replacement cost endorsement for evaluation purposes.) LIST EXCLUSIONS General Insurance and Risk Management Program Page 43 RFP P10-2011 - City of Niagara Falls 13. AUTOMOBILE FLEET INSURANCE (TRANSIT): NA1IED'INSURED: The Corporation of the City of Niagara Falls DESCRIPTION: This policy provides protection for atl claims arising out of the use or operation of licensed automobiles owned or leased by the City. Coverage is provided as per the Statutory Automobile Owner's Policy (O.A.P. 1 i. LIMITS OF PROTECTION: - Liability Limit 520,000,000.00 DEDUCTIBLES: - Section 3 (Third Party) 5 10,000.00 - Section 6 (Direct Compensation) 10,000.00 - Accident Benefits 10.000.00 - All Perils 10,000.00 POLICY COVERAGE AND CONDITIONS: Coverage provided for liability, accident benefits. uninsured automobile and direct compensation (property damage) OPCF 720 - Coverage for Transportation Replacement (510,000) applies to: - 2002 Ford Chair -A -Van. 2001 Ford Handicap Van, 2003 Girardin Handicap Van. 2006 Corbett Chair -A- Van, and two (2) 2006 Girardin Chair -A -Vans (S,N's A17818, A5 Coverage is automatically extended to include: - Newly acquired vehicles - Inappropriately licensed drivers - Permission to carry explosives - Permission to rent or lease - Damage caused by freezing of Fire-Fighting Apparatus, and - Permission to carry passengers for compensation. Replacement cost to provide repairs or replacement of vehicles with no deduction for depreciation. (Refer to the Transit Fleet Schedule) Guaranteed Amount coverage can be provided on specified vehicles. Repairs or replacement will be undertaken without deduction for depreciation up to the Guaranteed Amount shown on the automobile schedule attached to the policy. (Refer to the Transit Fleet Schedule) Valued coverage can be provided on specified vehicles; usually those that are obsolete, would not be replaced, or would be replaced with a used vehicle. (Refer to Transit Fleet Schedule) Actual cash value coverage can be provided on specified vehicles. (Refer to Transit Fleet Schedule) If a single loss involves both the automobile and property insurance policies, the property policy deductible is waived only on any insured property attached to the automobile. ATTACH SPECIMEN COPY OF PROPOSED POLICY (Also provide a copy of your replacement cost endorsement for evaluation purposes) LIST EXCLUSIONS General Insurance and Risk Management Program Page 44 RFP P10 -201 1 - City of Niagara Falls 14. GARAGE AUTO\IOBILE INSURANCE: NAMED INSURED: The Corporation of the City of Niagara Falls LIMITS OF INSURANCE: Total limit of liability any one claim: Customer Vehicles - Collision Limit - Specified Perils Limit DEDUCTIBLE: - Customer Vehicles - Collision Deductible - Specified Perils Deductible - OEF 7 1 and _ included. LIST EXCLUSIONS S 500.00 51.000 }_00 520,000.000.00 500,000.00 5 2,000.000.00 MINIMUM CONDITIONS AND COVERAGE: - Coverage is proYided for Third Party Liability for bodily in garage operations. jury or property damage arising out of die City's - Coverage is also provided for Accident Benetlts, Uninsured Automobile, and Direct Compensation Property Damage as per the Statutory. Garage Automobile Policy. - Loss or Damage coverage is provided to protect the City legal liabilit for customer's automobiles from physical damage caused by an insured peril, while in he care, cu stody, or control of the municipality. - Coverage required for general servicing and minor repairs of vehicles owed by the following non - profit organizations: Project Share (a charity that primarily distributes food). The Niagara Falls Boys and Girls club, and the Niagara Falls Humane Society. ATTACH SPECIMEN COPY OF PROPOSED POLICY General Insurance and Risk Management Program Page 45 RFP P10 -201 1 - City of Niagara Falls 15. OTHER \IISCELLANEOUS INSURANCE: The City of Niagara Falls also purchases the following insurance programs separate and distinct from all other general insurance. It is not necessary for the Proponent to provide this cover if successful. The following is provided as infor nation only (1) Municipal User Group Policy - Renewal date is January 1. 2010 - S5 million CGL - Liquor Liability included - Participant Liability included (2) Volunteer Firefighters Accident Policy - Renewal date is January 1, 2010 - S100,000. Principal Sum - Weekly Income Benefits - :Medical Expense Benefits (6/13/2011) Dean lorfida - 20110613103951098.pdf Page 1 Condo to X \crr t & _-orr xiny INSUP.ANCE R ,ERS INC. Mount Carmel Centre, 3 Montrose Rn 15A Niagara Falls. Ontario L2H 3K3 June 13th, 2011 Dear City Councilors At the next Council meeting you will be asked to decide the Insurance future for the City of Niagara Falls. As you know a consultant is recommending the use of the OMEX Reciprocal rather than continuing with the current Insurance program issued through the Frank Cowan Insurance Company and handled by Condotta, Merrett & Company Insurance Brokers a local Insurance office that has been in business for 125 years and has served this city very well over that time. As president of Condotta. Merrett & Company Insurance Brokers and also President of the Association of Insurance Brokers of Niagara Falls I want you to be aware of the significance of this decision. 1 have attached an overvie.v of what Reciprocals are and the key points are as follows: 1) Members collectively agree to retain a large portion of each others risk...The Reciprocal is unincorporated and the members become insurers for each other. 2) Reciprocals require members to sign on and guarantee support for an extended period usually 3 -5 years. This effectively means if rates do fall over time with conventional Insurance you can not opt out of the Reciprocal. 3) Reciprocals issue their policies on an assessable basis...... this means you can be ASSESSED a Retro assessment on top of the premiums you paid many years afterwards. This is due to the fact that Liability claims take years to develop and currently we have a claim that has been reserved in the area of $9,0+30,000 that is over 5 years old. If this had occurred to another member of the reciprocal YOU would be on risk for a part of the retro assessment. 41 Claims drives premiums and as a reciprocal you are responsible for ALL claims incurred by you AND by any other member during the time you were a member of the Reciprocal....this means you could be assessed a retro assessment 5 years. 10 years after you leave the reciprocal due to an increase in a liability claims. This does NOT occur under conventional insurance. 5) You will commit future City councils to a possible unknown Retro assessment... YOUR PARTNER IN R[SK`. (6/13/2011) Dean lorfida - 20110613103951098.pdf Page 2. Conaotta,Merrett & Company INSURANCE BROKERS INC Carmel Centre. 3770 Montrose Rd., Unit 15A Niagara - 'Is Ontario L2H 3K3 (2) The Current OMEX Reciprocal has made 3 Retro Assessment in the past 5 years on top of their premiums: In 2009- S21,400,000 to increase their surplus reserves as required by F SCO for the period 2004- 2008; 2008- 55,000,000 for the underwt period of 2006 to 2008; 2006- 512.481,584 for the underwriting period 1998.2005. These assessments are OVER AND ABOVE the premiums already charged to the municipalities. They have charged over S38:000.000 more than the premiums quoted to these municipalities so that they can balance their books. Over a 13 year period they have had to raise an additional 53,000,000 per year We know of 1 City that was charged upwards of a 51,000 „100 retro From the 2009 assessment alone_ Can you imagine explaining that assessment to the citizens here?'. And lastly a number of the current members of the OMEX Reciprocal are issuing RF8's and looking at conventional insurance as an alternative to the Reciprocal as a way of keeping rates in line. And finally I want you to remember that while Condotta, Merrett & Company insorano_e Brokers handles the policy for the local Insurance Association, each member shares in the commissions earned on that policy and that every donation back to all of the charities that the association supports including many of the City sponsored events, come from those same commissions. We are a significant local industry that pays significant property taxes and employ welt over 200 people and we have served the city very well and we will continue to serve the city., into the nature. Sincerely rtiitdeo Condotta President YOUR PAR'TNIER IN R:SK ' (6/13/2011) Dean Iorfida - 20110613103951098.pdf OVERVIEW: RECIPROCALS A reciprocal is a group retention or loss- sharing pool in which the members all have similar interests and exposures. The members collectively agree to retain a large portion of each other's risk rather than transferring the risk to conventional insurance carriers. The reciprocal is unincorporated and the members become insurers for each other and assume a high group deductible by entering into a formal subscribers agreement_ Reciprocals require subscribers to sign on and guarantee their support to this concept for an extended period of time usually 3 — 5 years. At the end of the term, there may also be a lengthy notice period for any subscriber wishing to get out of the reciprocal. These lock in periods are designed to give the reciprocal a chance to overcome any adverse toss experience and also eliminate any potential cheaper competition from the conventional insurance market. Reciprocals issue their insurance contracts on an assessable basis A member's payment into the pool is based upon their share of the estimated loss and expense costs of the entire pool. If the loss experience is more than expected, then each member may be required to pay a retro assessment on top of the premium payment already made. We need to remember that claims drive the premium costs regardless of the type of risk financing strategy chosen. As a member of a reciprocal, you are responsible for all claims incurred by yourself and any other member during the time you were a partner in the reciprocal. With long tail liability claims, uncapped retro assessments can occur many years after leaving a reciprocal. Conventional insurance does not charge retro assessments, their costs are guaranteed for the coverage term. (6/13/2011) Dean lorfida - 20110613103951098.pdf ISSUES WHEN CONSIDERING A RECIPROCAL • Claims are usually overseen by a Claims Committee of Members • Capital. & surplus requirements are reduced or eliminated • Open ended potential for repo assessments • No premium guarantee • Liability E &O claims take many .ears to develop • Some members may have poor foss history • Locked in for several years (3 - 5 years. • May lack claims and risk management services • Withdrawal of large members may seriously impact premium base • Doesn't guarantee lower premium levels - can be higher • Most adjuster expenses are in addition to premium • Often doesn't give premium reductions during soft market cycles Reciprocals are not for everyone and conventional insurance is not for everyone. There is a need to consider and compare issues like- • Financial strength • Critical mass size of book • Length of time in business • Claims experience • Net line commitment • Who are my partners going to be • Are the coverages offered comparable • Are partners adversely exposing the other members e _� rinei.�e: s • Will my overall cost of risk be lower • Will my liability be limited • How tong must I remain a member • 1-How are claims handled • Ho - '.1: do I voice my concerns • Will I have to give up or pay extra for services • Do I want to be in the insurance business Not every potential insured is a good candidate for a reciprocal. Since the reciprocal is based on foss sharing, the [Municipality needs to be concerned as to who is invited into the group. Are the other members as keenly: interested in practicing sound risk management practices? Page 4. (6113/2011) Dean lorfida - 20110613103951098.pdf QUESTIONS: Before making a decision to join a reciprocal, which can have long lasting effects on your organization, the Municipality would want to ar least be satisfied with the answers to the following questions.'issues: • What is more important to the Municipality-, a premium assessment today with possible reassessments years later, or a fixed annual premium with absolutely no further costs associated with that time period? • Do you feel comfortable with all aspects of the reciprocal to tie yourself to it indefinitely? A legal opinion of the Subscribers' Agreement may be prudent. • Is there any guarantee that the premium you pay the first year in the reciprocal will remain fairly constant in the next underwriting period? What happens when the reciprocal renegotiates the next term with its reinsurers' • What additional resources (staffing, expertise. etc. ), if any, would be necessary if the Municipality were to join the reciprocal? • Has the annual assessment charged by the reciprocal been fairly constant'' How does that compare with your premium history when averaged over a period of five to ten years? • What amount has the Municipality and its past insurers spent on adjusting fees over the past five years? Would the reciprocal's premium be attractive after adding on the additional anticipated adjuster fees based on the Municipality's past claims experience? Under the reciprocal plan you would pay all adjusting fees in addition to your deductible amount per claim. • Do you feel comfortable being in a group of Munic greater exposures than you have? pa ies who have Page 5 Niagaraacqls REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls SUBMITTED BY: Business Development SUBJECT: BDD- 2011 -05 Scotiabank Convention Centre Design Build RECOMMENDATION For the information of Committee. EXECUTIVE SUMMARY In December 2008 the Convention Centre project team consisting of City staff, MHPM Project Managers and NCCC representatives selected Bonfield Construction Company Ltd. as the design builder to construct the Scotiabank Convention Centre. The project team selected the Design Build process for the following reasons: - limited construction budget - expediency of completing the project - transfer of financial risk The design build process allowed the project to come in on time and on budget. BACKGROUND BDD- 2011 -05 June 13, 2011 One of the key goals of the City has been to establish Niagara Falls as a year round tourism destination. It was determined that a critical piece of infrastructure required to achieve this goal was the development of a Convention Centre. Such a facility would serve as a catalyst to increase visitation, visitor expenditure and length of stay, thereby stimulating economic activity and growth in the City resulting in the enhancement of employment retention and opportunities. In addition the convention centrer would serve to stimulate additional private sector development. The convention centre project had been carefully studied by the City and private sector for an extensive period of time. The most recent study by Pannell Kerr Forrester detailed the economic impact, marketing strategies, planning and development, site selection and funding models. The key benefits identified by the study were: • the convention centre would generate 173,000 new room nights • 70% of the demand would occur from September to May June 13, 2011 -2- BDD- 2011 -05 by year 3 the NCCC will generate 514,000 visitors — half of which will be new visitors to the region • $93 million in new expenditures annually (excluding gaming) 75% outside of the accommodation sector. The report identified that traditional funding for convention centres has been provided through the various levels of government local, provincial and federal. The report also indicated that tax exempt status for the convention centre was an integral component of the financial model and the centre's economic success. Council due to funding constraints was unable to commit funding toward the project but did support the initiative and committed staff support and agreed to make the facility a capital municipal facility. As a capital municipal facility the municipality would own the land and building and would lease out the operation of the facility to the Niagara Convention and Civic Centre. As a result of market conditions impacting the tourism industry the development of a convention centre was seen by tourism stakeholders as a key priority to compete in the competitive global marketplace. Tourism stakeholders felt so strongly about the need for a convention centre they committed $31.5 million dollars toward the project. Fallsview BIA committed $15 million, Victoria Centre BIA $1.5 million and Falls Management Company $15 million. This unprecedented move by the private sector to commit funds toward the new convention centre solidified the Provincial and Federal Governments financial commitment of $35 million respectively towards the project. With the funding commitment in place the project team wanted to move quickly to bring this new facility to market. A considerable amount of time was committed to reviewing the traditional Design- Bid -Build process vs Design - Build. It was determined that the Design -Build process would accomplish the convention centre project team's goals which were: 1. Protect the limited construction budget 2. Transfer the financial risk to the contractor during the construction period which was approximately 18 months. 3. Deliver the project to market quicker, on time and on budget. On December 15, 2008 Council approved Report BDD- 2008 -05 selecting Bondfield Construction Company Inc. as the Design Builder. ANALYSIS /RATIONALE Project delivery methodologies are selected based upon various criteria and specific project requirements. A Design -Build project delivery is selected because of short overall project timelines, budget, the need for cost certainty, and where a transfer of the majority of project risk to the Design - Builder is desired. In the case of the Niagara Convention & Civic Centre the budgeted funds were fixed. There was a finite time line, and it was desirable to transfer a large portion of the risk to the Design - Builder. June 13, 2011 For the convention centre the City prepared a design concept and a building program which was the basis for the design -build proposals. We put the onus on the design - build teams to come back with proposals that would provide the required facility within the available budget. Through design - build, the proponents were able to select materials and construction techniques that were cost effective and based to a large degree on trade contractor input. In order to effectively prepare and submit its proposal, a design - builder has to "team up" with a trade contractor as well as the design professionals at the outset of a tender. This differs from a conventional design- bid -build delivery where the Owner provides through its design professionals a set of working drawings that stipulate every aspect of the building and the contractors simply get competitive bids, chose the trade contractor they want to carry in their bid, and total the trade costs as well as their own costs, fees and profits and submit a bid. In design - build, the design process continues throughout the proposal preparation stage and the final design and costs are submitted by each of the design -build teams in the proposal. This process allows each team to seek a more cost effective design as well as more cost effective construction techniques because they are not bound by a completed design and specification. The Niagara Convention Centre is a very good example of this process working as planned. The building meets the program requirements set out by the City and has done so within budget. The SCC was a benchmark public /private partnership involving all stakeholders which brought this much need facility to fruition. Financial /Legal The funds for the project were provided by the Fallsview BIA, Victoria Centre BIA, Falls Management Company, the Province and Federal Governments. The project has been completed on time and on budget. The contract for the project was issued to Bondfield Construction Company Ltd. who were the successful proponents of the RFP to design build the Scotiabank Convention Centre for the stipulated price of $71 million. All invoices have been issued by Bondfield and are paid to Bondfield. Councillor Gates requested staff to obtain a list of all the sub trades and cost allocation per trade. Staff made the request to Bondfield on behalf of Councillor Gates but Bondfield respectfully declined indicating they were not legally obligated to do so. Recommended by: Respectfully submitted: SF /Iw -3- BDD- 2011 -05 sr Serge Felicetti, Director of Business Development Ken Todd, Chief Administrative Officer The City of Niagara Falls, Ontario Council Chambers No. Moved by Seconded by ill°ll L I M 1 / 1► s CITY Od. , CARO* NIAGARA T _. BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls hereby requests The Regional Municipality of Niagara to issue debentures in accordance with the terms and amounts set out below, and further. that the City confirms that it has entered into a contract for or authorized the commencement of all works herein listed: Capital Account No. Capital Project Description 12 -3- 210040 - 030000 Fire Radio System 12 -3- 710040- 030000 E.E. Mitchelson Park Improvements 12- 3- 710038- 030000 Patrick Cummings Memorial Sports Complex 12- 3- 710039- 030000 Oakes Park Improvements AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA Financing Request $3,110.630 $ 87.998 $ 511.478 $ 66.580 June 13, 2011 Retirement Term 10 Years 5 Years 10 Years 5 Years JAMES M. DIODATI CITY CLERK MAYOR The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS the Canadian Veterans National Rendevous (the - event - ). scheduled for July 9, 2011, is an event that will commemorate the end of the Canadian combat mission in Afghanistan while concurrently honouring those who have served in previous wars; and WHEREAS the event is expected to attract 5,500 persons and generate more than $1 million in economic impact to the local community; and WHEREAS the festivities surrounding the event are being held at the Gale Centre. the City "s four - pad arena complex; and WHEREAS to obtain a Special Occasion Liquor Licence from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as a Community Festival. THEREFORE BE IT RESOLVED that the Canadian Veterans National Rendezvous is a community event deserving of City Council support. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR (6/8/2011) Dean lorfida - City Council - Community Event Request CVNR.doc May 27. 2011 Mr. Dean Iorfida, City Clerk The City of Niagara Falls City hall. P.O. Box 1023 4310 Queen Street Niagara Falls. ON L2E 6X5 RE: Canadian Veterans National Rendezvous — July 9th Dear Dean: The CAA Winter Festival of Lights respectfully requests The City of Niagara Falls declare Canadian Veterans National Rendezvous as a "Community Event ". Rendezvous is being held Saturday July 9' 2011 from 10:00am to 10:OOpm at the Gale Centre (inclusive of its parking lot). Find attached herewith the site plan for the festivities; similar information is being forwarded to the Fire Department, Health Department. and the Police Department. The CAA Winter Festival of Lights is looking forward to a successful event that provides fun and entertainment for all. As you know, the event will be the centre piece of national, celebratory events designed to commemorate the end of the Canadian combat mission in Afghanistan while concurrently honouring those who have served in World War II, Korea. 33 United Nations peacekeeping missions. the Cold War. Gulf War 1, former Yugoslavia and since 2002, the Afghanistan War. Canadian veterans and active duty personnel living and serving in Ontario and across the nation are expected to bring their loved ones to Niagara Falls for this very special tribute weekend of family - friendly events, entertainment. fireworks and military orientated activities. Should you have questions please contact me at 905 374 -1616 x. 46. Sincerely, CAA WINTER FESTIVAL OF LIGHTS Dino Fazio General Manager cc: Mayor Diodati Heidi Werner, WFOL Via Email (diorfidaaniagarafalls.ca) Page 1 April 13, 201 I Festivalqiights NIAGARA FALLS * ONTARIO * CANADA Mr. Dean lortida, City Clerk City of Niagara Falls City !fall. P.U. Box 1023 4310 Queen Street Niagara Falls. ON L2E 6X5 RE: Canadian Veterans National Rendezvous — Use of Gale Centre [)ear Dean: 5400 Robinson Street. 2`' Floor Niagara Falls, ON L2G 2A6 Tel: 905- 374 -1616 • Fax: 905 -374 -4583 Email: Info @wfoi.com • WFOL.com Via Fax In late February. Mike Btais and Doug, J Clark of Canadian Veterans Advocacy met with the Mayor and City staff to discuss Canadian Veterans National Rendezvous (Rendezvous), a new event they wish to hold at the Gale Centre in July_ It was suggested at that time that they also meet with the CAA Winter Festival of Lights as they were seeking event management assistance. Canadian Veteran Advocacy (CVA) was established to support Canada's veterans who have served this nation with honour. distinction and great courage. In particular. CVA has established a "Pennies for Veterans" campaign that will roll out nationally this summer in support of its homeless Veterans Program. Meanwhile. Canadian Veterans National Rendezvous is expected to become the centre piece of stational, celebratory ev ents designed to commemorate the end of the Canadian combat mission in fghanistan while honouring those that have served in every major war. combat operation. and peacekeeping mission for the past 70 y ears, including 4VW2. Korea. the Peacekeeping Era and former Yugoslavia. It is expected to generate national media attention, and the attendance of prominent Canadian military. and political figures, along with 5,500 people comprised of veterans and their families from across Canada and the northeastern United States: active -duty personnel and their families primarily from Ontario's five military bases): and Niagara Region residents and tourists. While it's economic impact is expected to he over $1 million. highlights of Rendezvous include a motorcycle Poker Run through breathtaking Niagara Region landscape (July 9: 9:30am -) and a Support the Troops Rally (l0ani -10pm) with official ceremonies (3. 30pm -) paying tribute to those who fight today and those who fought in }estervear. Rendezvous concludes with a Memorial Ride (July 10: gam -). The Support the Troops Rally would be held at the Gale Centre as a family friendly event for veterans and their respective families and friends to enjoy a day filled with great fun, musical entertainment. food and beverage vendors. marching bands. a motorcycle show and shine. a magnificent display of vintage military vehicles. and a host of other activities for all ages. The Gale Centre parkin, lot would be used as the main grounds for the Rally. Specifically, it would host the children's play area. vintage military vehicle display, most food vendors. the motorcycle show and shine, as well as most musical entertainment. Inside. Rink xl would he used for various demonstrations and free public skating. The 'lobby' and Rink 43 would be used for displays by Canadian Veterans .Affairs. vendors and exhibits. and will host a smaller entertainment stage. In the \lemorial Room. a series of book readings and autograph signings tcaturim_ Generals Hillier. LeBlanc and Dallaire Ito he confirmed) are being arranged. [ asay. transportation services to shuttle sisitors. locals and volunteers will be required to and Crum the Gale Centre including use of accessible transportation. This will include the need for piek -up and drop -off points expected to be established in the Fallsy sew (Skylon Tower). Victoria Centre (Memorial Arena) and Lundy's Lane BLA areas and possibly at Optimist Park. the old \\ al -Man: Chippawa Arena and or Niagara Square. As such. we may also need City support to se, ure these logistical needs. Rendezvous is a massive undertaking on a tight deadline and with virtually no budget however we expect it will he a major economic boost to the local economy, and will showcase the area to thousands of Canadian veterans. acti e -dutu military personnel and their families. At this time. we are requesting that any and all tees associated with the use of the Gale Centre be ed along with any potential vendor fees Should you have any questions. please feel fee to contact me at 905 374 -1616 x 46. Sincerely. CAA ‘k INTER FESTIVAL OF LIGHTS Dino Lazio Crencral Manager Joe Aliszk, Chair. C AA \&TOL Jim Diodati, Mayor, City of Niagara Falb Kathy Moldenhauer, Director of Recreation, City of Niagara Falls Doua Clark' Mike Blais, Canadian Veterans Advocacy (6/8/2011) Dean lorfida - SITE PLAN REVISED.PDF PARKING VENDOR /ENT_ / Vie /VISITOR PARKING KID'S ZONE 144'X190' TWEEN ZONE 116'X144' -- MOTORCYCLE SHOW & SHINE AREA 0 BUS ENTRANCE Page 1 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2011 - A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Standing Prohibited, Parking Prohibited, Taxi Stands, Yield Signs at Intersections, Pedestrian Crossing Prohibited) WHEREAS Main Street between Ferry Street /Lundy's Lane and Robinson Street has recently undergone a streetscape improvement project; and WHEREAS the stopping, standing. parking, Niagara Transit stops, taxi stand and metered parking controls need to be adjusted to fit within the new road alignment; and WHEREAS as a housekeeping matter. a number of updates are required for various schedules in Parking and Traffic By -law 89 -2000 to correspond with existing field signage. The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89 -2000, as amended, is hereby further amended: (a) by removing from the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES /DAYS Main Street East Ferry Street and a point 20 metres south of At all times Ferry Street (b) by removing from the specified columns of Schedule B thereto the following items: -2- STANDING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES /DAYS Main Street East A point 105 metres south of Ferry Street At all times and a point 162 metres south of Ferry Street Main Street West A point 71 metres south of Ferry Street At all times and a point 156 metres south of Ferry Street (c) by removing from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES /DAYS Main St. West Lundy's Lane and a point 12 m South At any time Main St. West Barker St. and a point 26 m North At any time Main St. West A point 58 m North of Barker St. and At any time a point 72 m North of Barker St. Main St. West Barker St. and a point 7 m South At any time Main St. West A point 57 m South of Barker St. At any time and a point 63 m South of Barker St. Main St. West A point 97 m South of Barker St. At any time and Culp St. (d) by removing from the specified columns of Schedule K thereto the following item: TAXI STANDS COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES /DAYS Main Street West A point 76m north of Barker St. and At any time a point 81m north (e) by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES /DAYS Main Street East Ferry Street/Lundy's Lane and At All Times a point 25 metres south of Ferry Street/Lundy's Lane Main Street East A point 79 metres north of Peer Street and At All Times a point 101 metres north of Peer Street Main Street West Ferry Street/Lundy's Lane and At All Times a point 16 metres south of Ferry Street/Lundy's Lane Main Street West A point 97 metres south of Ferry Street/Lundy's Lane and At All Times a point 135 metres south of Ferry Street/Lundy's Lane (f) by adding to the specified columns of Schedule B thereto the following items: STANDING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES /DAYS Main Street East A point 58 metres north of Peer Street and At All Times a point 79 metres north of Peer Street Main Street East A point 101 metres north of Peer Street and At All Times a point 116 metres north of Peer Street Main Street West A point 82 metres south of Ferry Street/Lundy's Lane and At All Times a point 97 metres south of Ferry Street/Lundy's Lane Main Street West A point 135 metres south of Ferry Street/Lundy's Lane and At All Times a point 167 metres south of Ferry Street/Lundy's Lane Main Street West Culp Street and At All Times a point 17 metres south of Culp Street (g) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES /DAYS Main Street East Robinson Street and At All Times a point 26 metres north of Robinson Street Main Street East A point 83 metres north of Robinson Street and At All Times a point 127 metres north of Robinson Street Main Street East A point 166 metres north of Robinson Street and At All Times a point 36 metres north of Peer Street -4- PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES /DAYS Main Street West A point 46 metres south of Ferry Street/Lundy's Lane and At All Times a point 66 metres south of Ferry Street/Lundy's Lane Main Street West A point 71 metres south of Ferry Street/Lundy's Lane and At All Times a point 82 metres south of Ferry Street/Lundy's Lane Main Street West A point 167 metres south of Ferry Street/Lundy's Lane and At All Times a point 194 metres south of Ferry Street/Lundy's Lane Main Street West A point 216 metres south of Ferry Street/Lundy's Lane and At All Times a point 22 metres south of Barker Street Main Street West A point 98 metres south of Barker Street and At All Times Culp Street Valley Way North A point 16 metres west of Jepson Street and At All Times a point 8 metres east of Jepson Street (h) by adding to the specified columns of Schedule K thereto the following items: TAXI STANDS COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES /DAYS Main Street West A point 66 metres south of Ferry Street /Lundy's Lane and At All Times a point 71 metres south of Ferry Street/Lundy's Lane (i) by adding to the specified columns of Schedule Q thereto the following item: COLUMN 1 HIGHWAY APPROACH YIELD SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Eastwood Crescent & Ryerson Crescent Westbound on Eastwood Crescent (j) by adding to the specified columns of Schedule AA thereto the following item: PEDESTRIAN CROSSING PROHIBITED COLUMN 2 COLUMN 3 AT ROADWAY East Macklem Street Portage Road -5- This By -law shall come into force when the appropriate signs are removed or installed. Passed this thirteenth day of June, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 13, 2011 Second Reading: June 13, 2011 Third Reading: June 13, 2011 First Reading: June 13, 2011 Second Reading: June 13, 2011 Third Reading: June 13, 2011 THE CORPORATION OF THE CITY OF NIAGARA FALLS Passed this thirteenth day of June, 2011. BY-.LAW Number 2011 - A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stop Signs at Intersections) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended: (a) by adding to the specified columns of Schedule P thereto the following items: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Queen Street & Crysler Avenue Eastbound on Queen Street Queen Street & Crysler Avenue Westbound on Queen Street This By -law shall come into force when the appropriate signs are installed. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to amend By -law 98 -226, being a By -law to designate an area as an Improvement Area and to establish for such area a Board of Management. WHEREAS by -law 98 -226 is a by -law designating the Victoria Centre Business Improvement Area (BIA's): and WHEREAS recent changes to the Municipal Act (the "Act') allow greater flexibility to develop local options and solutions to BIA's; and WHEREAS s. 204(2.1) of the Act states that a board of management is a local board of the municipality for all purposes; and WHEREAS s. 216(5)(a) and s. 196(1)(2) of the Act allows the municipality to pass by -laws on the composition of local boards; and WHEREAS the Victoria Centre BIA held an appropriate meeting, in which the general membership approved amendments to their constitution designating eight (8) seats on the board to the eight (8) largest financial stakeholders in the BIA. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That section 4 of By -law 98 -226 is hereby deleted and replaced with the following: The Board is a local board under the Municipal Act, appointed by City Council, and shall consist of. at least, thirteen (13) members consisting of: Seven (7) seats designated as: one (1) representative from each of the seven (7) top financial contributing members to the BIA levy. If a member from the designated properties chooses not to use the designated seat, that position is placed in the elected at large seat category for that term of office. Five (5) seats elected at large from the remaining membership of the BIA (members with designated seats are not eligible for an additional seat) One (1) or more directors appointed directly by the municipality. Passed this thirteenth day of June, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: June 13, 2011. June 13, 2011. June 13, 2011. First Reading: Second Reading: Third Reading: June 13, 2011 June 13, 2011 June 13, 2011 CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to authorize the execution of an Agreement with Meridian Credit Union and Kate S. Durdan Public School respecting the Adopt -A- Street /Park/Trail public service program for volunteers. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated June 13, 2011, and made between Meridian Credit Union and Kate S. Durdan Public School as Volunteers and The Corporation of the City of Niagara Falls as City, respecting the Adopt -A- Street / Park/Trail public service program for volunteers to be responsible for litter pick up, weed pulling, etc., specifically on John N. Allan Park on Kalar Road. as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this thirteenth day of June, in the year 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR THIS AGREEMENT made this 13' ' day of June, A.D., 2011. BETWEEN: \Meridian Credit Union ( Kalar & McLeod Road Branch) and Kate S. Durdan Public School I ereinafter called the - Volunteers' . -and - THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City , of the FIRST PART; of the SECOND PART_ WHEREAS the City's Adoot -A -S tree;. Park and Trail PI :n_ram has been established as a public service pia a,am for Volunteers to be responsible for litter pick up, weed pulling. etc. alena 1 selected street; AND WHEREAS the Volunt:e :s have aarr t pa L.Ipat.., m tom; .roarnm subject to certain terms and conditions set out herein. NOW THEREFORE THIS AGREEMENT WITNESS ETH that inconsideration of the nre'n1sot and the mutual covenant, the parties hereto agree with each other a. t oll .vs: The lands affected by this a_Jreeinent arc d s'. iiheii n Schedule - A - attached hereto The `r alunteers shall appoint or select an authorized `ttroup representative t attend a safet tneetIP.a pro` :Jed by the Ciry and, in turn, supply safety tralmn to the Volunteers. Alt port pants must receive and be fa NA, Ilh the on`ents C' the safety brochure' Safety CrU L dettnes t,:1- `o l_anteer before participating in the clean up of the adopted street. ?. The Volunteers shall obey and abide by at man's and regulations relatn1y to safety and such terms and conditions as may be stipulated by the City from time to time. and abide by the rules, and conditions set out in Schedule "B" attached hereto_ 4. The Volunteers shall indemnity, save, defend and keep harmless from time to time and at all times. the City of, from and against all actions. causes of action, interest. claims. demands, costs. charges, damages, expenses and loss which the City may at any time bear_ incur. he liable for, sustain or be put unto for any reason or on account of or by reason of or in consequence of the City entering into this agreement. 5. The Volunteers release and forever discharge The Corporation of the City of Niagara Falls. its officers and employees from any and all actions, causes of actions, claims and demands, for damages, loss, injury, or obligations or liabilities of any kind which heretofore may have been or may hereafter be sustained to any persons or property arising out ofor connected with actively participating in this Adopt -A- Street, Park and or Trail Program. 0. The City shall confirm the specific section of a City Street. Park and; or Trail to be adopted by the Volunteers. The Cite shall provide safety information and training, trash bags. flags, to the Volunteers upon receiving notice prior to the beginning of a clean up. 8. The City shall erect s.en(s) with the Volunteers name displayed at one end of the adopted Street, Park and. or trail. unless, in the opinion of the City erected signs would jeopardize the program, be counter-productive to its purpose, or create a hazard 10 the safety of the general public, or be in conflict , eh City policy �). The City shall remo designated location. fleeced 1i. to ensure that and spose f tilled trash baits tb init the clean up and a The City i_nno`t e later such as .erect, hea or hazard _'a us it ms that have been le Volunteers for pick up bv the CI^ The City shall monitor ac t ;vit es ,?t the adopt -A- Street,. Park and. or Trail Pro ra.f: t c s o r th program are being met. 1 The City shall have sole approval as to the name, titles 'I words ti be placed . any Adopt-. \-Street, Park and or Tra;1 Pr'ogranl 'sigh: 13. Either party may term nate this aereement at any time upon 30 day s notice given in wrItine to that effect to the other part\ and the Volunteers shall tOrth witi surrender t ` !.. (_ ._ any 7 _ _ under is a nient. and all : : }C1�cie� and signs . :� _le,t '�,; thti. City under this �1ree 14. Any noota c to be given pursuant to this agreement ma_ be delivered or sent bv prepaid first class mail or tacsiniile transmission to the Volunteers and the City as follows: Volunteers: Meridian Credit Union (Kalar & ,leLeod Road Branch') 7107 Kalar Road Niagara Falls, ON L211 3J( Attention: Nick Cicchino, Branch Manager Telephone (905) 35S 7035 Fax: (903) 358 6355 Email nick.eiechinor4meridiancu.ca 15. Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 16. Wherever the singular or masculine is used in this agreement, they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereto rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the Volunteer(s) have hereunto set their hands and seals and the City has hereunto affixed its corporate seal duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind the corporation. In the Presence of Kate S. Durdan Public School 6855 Kalar Road Niagara Falls, ON L2H 2T3 Attention: Genny Weerdenburg, Principal Telephone: (905) 356 -0488 Email: Genny.Weerdenburg % dsbn.edu.on.ca The City: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 NIAGARA FALLS, ON L2E 6X5 Attention: Director of Recreation & Culture Telephone: (905) 356 -7521, Ext. 3330 Fax: (905) 356 -7404 1 ,1 s l 41'/ `ft. ) ,Name: ) ) ) Name: ) )Namz !Name ) Name ) THE CORPORATION OFTIEEC[Y i DFNIAGARAFALLS ! ) me: ma y. Dicl )Ti a iMayOr Name: Dean Iorfida )Title. City Clerk SCHEDULE "A" to an Agreement dated the 13' day of June, A.D., 201 1 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS The Ciro of Niagara Falls recognizes the group. named above as being responsible for the adoption o the following ParksTrails: John N. Alan Part on ilia: Road. The Volunteers shall pick up litter on their assigned Street. Park and or Trail a minimum bf throe times per year 4, The oitintee, shall be encourtwd to sort litter into lour different CL0' 9 9 plastic. metal, and "othei reue tO 0aioate disposal procedures. 5 The Volunteers shall give the Director of Recreation & CuLure or her designate or tlne Co 48 hours notice prior to beginning, of a clean un. The. diT_Inrcers shrill not pick up itter along any vehicular tra i1ed road surface, medians, b -- iges in tunnels, en :asses. er around other structure, or locations that could pose a danger clean up. 9 up. SCHEDULE "B" io an Agreement dated the 13'day of June, A.D., 2011 between VOLUNTEERS and THE CORPORATION OF THE CITY OF NIAGARA FALLS I . The Volunteers shall make arrangements for travel to the work site. Tile Volunteers shall ensure pre\ of all supervision, safety equipment and medical first. aid service to its fellow Volunteers. The V,ilunteers shall eolleet litter only on the adopted Street. Dark and or Trail The Vol iti-neers shad wear elothing that wdl not inipar ision or movement during The Volunteers shall provide adult supervision for youth partielpating in the s2lean 1 The Volunteers shall ensure no Volunteer possesses or consumes illegal drugs er alcoholic beverages immediately before or during clean up activities, 11 The Volunteers shall suspend litter pick up when weather conditions become inclement kle fog. rain. drizzle, high wind. electrical storms, etc.) The Volunteers shall work only during daylight hours (1 hour after sunrise and 1 hour be lore sunset). 13. The Volunteers shall flag closed containers. heavy objects, or suspended hazardous materials for pick up and disposal by City staff. 14. The Volunteers shall surrender items of value (wallet, purse, camera, etc.) found on City property to the nearest police station. 15. The Volunteers shall ensure that no signs, posters, or other display materials) are brought to the adopted section during or between clean up. 16. The Volunteer shall place tilled trash bags at the designated pick up sites as prearranged by the City's Director of Recreation & Culture or hiss her designate and the Authorized Group Representative. 1 ?. The Volunteers shall notify the City itnnteiliately after each clean up in order for litter bass to be removed by City staff. 13. The Volunteers shall return all inventory to the City at the completion of an Adopt -A- Street, Park and; or Trail clean up day unless it is renewed, A by -law to hereby authorize the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality ") Related to Funding Provided by the Province of Ontario (the "Province ") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement, in the form attached hereto, authorizing the Mayor and Treasurer to execute a Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry ") and the City of Niagara Falls (the "Municipality ") Related to Funding Provided by the Province of Ontario (the "Province ") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program, is hereby approved. Passed this thirteenth day of June, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: June 13, 2011 June 13, 2011 June 13, 2011 CITY OF NIAGARA FALLS By -law No. 2011 - Ministry of Ministere des Transportation Transports Office of the Minister Bureau du ministre Ferguson Block, 3 Floor 77 Wellesley St. West Toronto, Ontario M7A 1Z8 (416) 327-9200 www.mto.gov.on.ca May 20, 2011 His Worship Jim Diodati Mayor The City of Niagara Falls PO Box 1023, 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Diodati: Edifice Ferguson, 3 etage 77, rue Wellesley ouest Toronto (Ontario) M7A 1ZA (416) 327 -9200 www.mto.gov.on.ca RE: Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry ") and the City of Niagara Falls (the "Municipality ") Related to Funding Provided by the Province of Ontario (the "Province ") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program (this "Letter of Agreement ") This Letter of Agreement sets out the terms and conditions for the use of dedicated gas tax funds by municipalities for public transportation. As the Province desires to increase public transportation ridership to support the development of strong communities, the Ministry maintains a Dedicated Gas Tax Funds for Public Transportation Program (the "program ") under which two (2) cents of the existing provincial gas tax will be provided to municipalities for public transportation expenditures. Any funding to the Municipality by the Ministry will be provided in accordance with the terms and conditions set out in this Letter of Agreement and the Dedicated Gas Tax Funds for Public Transportation Program — 2010/2011 Guidelines and Requirements (the "guidelines and requirements "). .../2 -2 In consideration of the mutual covenants and agreements contained in this Letter of Agreement and the guidelines and requirements, which have been reviewed and are understood by the Municipality and are hereby incorporated by reference, the Ministry and the Municipality covenant and agree as follows: 1. To support increased public transportation ridership in the Municipality, and in recognition of the Municipality's need for predictable and sustainable funding to support investments in the renewal and expansion of public transportation systems, the Ministry agrees to provide funding to the Municipality under the program in an amount up to $1,144,104 in accordance with and subject to the terms set out in this Letter of Agreement and the guidelines and requirements, with $858,078 payable on receipt of this signed Letter of Agreement and related authorizing municipal by -law, and the remaining payment payable thereafter on a quarterly basis. Despite Section 1. the Municipality understands and agrees that any amount payable under this Letter of Agreement may be subject, at the Ministry's discretion. to adjustment to reflect final gas tax receipts and any other adjustments as set out in the guidelines and requirements, including those related to annual appropriations of funds by the Legislative Assembly of Ontario. 3. If the Municipality receives dedicated gas tax funds on behalf of any other municipality, and the other municipality has agreed to the Municipality collecting the dedicated gas tax funds on its behalf, the Municipality shall provide, upon request and in compliance with the requirements set out in the guidelines and requirements, any applicable municipal by -law and legal agreement between the Municipality and the other municipality providing for such arrangement to the Ministry prior to the payment of any dedicated gas tax funds by the Ministry under this Letter of Agreement. 4. The Municipality shall deposit the funds received under this Letter of Agreement in a dedicated gas tax funds reserve account, and use such funds only in accordance with the guidelines and requirements. .../3 -3 5. The Municipality shall adhere to the reporting and accountability measures set out in the guidelines and requirements, and shall provide all requested documents to the Ministry. 6. The Municipality understands and agrees that the funding provided under this Letter of Agreement represents the full extent of the Ministry's and Province's financial contribution under the program and that no additional funds will be provided by either the Ministry or the Province for such purposes to the Municipality for the 2010/2011 program year. 7. The Ministry may terminate this Letter of Agreement at any time, without cause, upon giving at least sixty (60) days written notice to the Municipality. If the Ministry terminates this Letter of Agreement without cause, it may cancel all further dedicated gas tax funds payments. Where the Ministry has terminated this Letter of Agreement under this Section, the Ministry may, after determining the Municipality's reasonable costs to terminate any binding agreement for any eligible public transportation service acquired or to be acquired with dedicated gas tax funds provided under this Letter of Agreement, provide the Municipality with additional funding to offset, in whole or in part, such costs. The additional funding may be provided only if there is an appropriation for this purpose, and in no event shall the additional funding result in the total funding under this Letter of Agreement exceeding the amount specified under Section 1. 8. If the Legislature fails to appropriate sufficient funds for the program, the Ministry may terminate this Letter of Agreement immediately by giving notice to the Municipality. In such instance the Ministry may cancel all further dedicated gas tax fund payments. 9. Any provisions, including those in the guidelines and requirements, which by their nature are intended to survive the termination or expiration of this Letter of Agreement, shall survive its termination or expiration. 10. The Municipality hereby consents to the execution by the Ministry of this Letter of Agreement by means of an electronic signature. .../4 Yours sincerely, Kathleen Wynne Minister of Transportation Per: Date: Mayor Per: Date: Chief Financial Officer /Treasurer - 4 - If the Municipality is satisfied with and accepts the terms and conditions of this Letter of Agreement, please secure the required signatures for the four enclosed copies of this Letter of Agreement and return two fully signed copies to: Ministry of Transportation Division Services and Program Management Office 27`' Floor, Suite # 2702 777 Bay Street, Toronto, Ontario M7A 2J8 Once the Ministry has received the signed copies together with a copy of the authorizing municipal by -law, the Ministry will make arrangements for the payment of the dedicated gas tax funds to the Municipality. I have read and understand the terms of this Letter of Agreement, as set out above, and by signing below I am signifying the Municipality's consent to be bound by these terms. The Corporation of the City of Niagara Falls CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13" day of June, 2011. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 13' day of June. 2011 including all motions, resolutions and other actions taken by the Council at its said meeting. are hereby adopted. ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council. then this by -law shall be deemed for all purposes to be the by -law required for approving. authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and. except where otherwise provided. the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behal f of the Corporation of the City ofNiagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this thirtieth day of June 2011. DEAN IORFIDA. CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: June 13, 2011 June 13, 2011 June 13, 2011