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Additions to Council, November 27,2012ADDITIONS TO COUNCIL, TUESDAY, NOVEMBER 27, 2012 BUDGET 1. Transportation Services Budget Presentation a) Reprint of Slide 8 COUNCIL 1. Various Correspondence regarding the Niagara District Airport. (11/26/2012) Teresa Fabbro - Revised Transportation Services Budget Presentation From: To: CC: Date: Subject: Attachments: Karl Dren Iorfida, Dean Dren, Karl; Teresa Fabbro 11/26/2012 9:44 AM Revised Transportation Services Budget Presentation 2013 Transportation Services Operations Budget Presentation.pptx Hi Dean, I added additional information to slide # 8 in my presentation. Can you please replace the original presentation I sent you previously with this one. Thanks. Karl Page 1 o N c v c V � .cd cd c 4-- ) _c c o'3 et °) v) � E •- o r` 0 v o u" V" a) °' Z N v, p N O 0 V) cam, °'°� a) et Ln O M CO .� Ou c CU V - o o °— o N, c - > o al > Q Ni- — — I■ >. 0) C ' cd >. L. O c E VI- EA- _0 u L. 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Fd -C Fm H U LI- 13Jdf19 DNIl`d213d0 £ 10Z (11/26/2012) Dean lorfida - your Niagara District Airport report Page 1 From: To: CC: Date: Subject: Attachments: Janice Wing <janice_wing @cogeco.ca> Ken Todd <KTodd @niagarafalls.ca> <council @niagarafalls.ca >, Dean lorfida <diorfida @niagarafalls.ca> 11/19/2012 11:36 AM your Niagara District Airport report CAO Report on New Municipal Agreement.pdf; 01 Air Canada Jazz Oct 16- 2012.j peg; FW: PB Letter 060712 Good morning Ken, We have now seen identical reports, both mouthing the same inaccuracies, misleading statements, and insinuations about the Commission currently underperforming and failing to reflect and protect the municipalities' interests, come out of the NOTL and St. Catharines' CAO's offices. I am attaching here an annotated version of the St. Catharines report: This and its NOTL twin appear to be intentionally misleading - for example: 1) It is falsely claimed that the Intermunicipal Agreement has "expired" (bottom of p. 1 of the attached report). It is abundantly clear, to anyone who has bothered to read the Intermunicipal Agreement, that it has NOT - ie. - page 2: "AND whereas the parties hereto have deemed it advisable to continue to administer and maintain the Niagara District Airport through the Niagara District Airport Commission in compliance with the requirements of Transport Canada and have agreed to enter in this agreement for a term to expire on the 31st day of December, 2026; - page 7: This agreement shall supercede any previous agreement and unless renewed or terminated by the parties hereto, the said agreement shall be binding on successors and assigns and shall remain in effect until the 31st day of December, 2026. - page 11: "This agreement shall supercede any previous agreement and unless renewed or terminated by the parties hereto, the said agreement shall be binding on successors and assigns and shall remain in effect until the 31st day of December, 2026. 2) There are repeated references to Thorold's departure, and impacts of same, as if this happened recently. That occurred, in fact, six years ago, in accordance with the provisions in the Intermunicipal Agreement for the departure of any of the parties thereto. The Commission absorbed the resultant reduction in numbers and funding and pressed on with the business at hand which, over these past six years since Thorold's departure has included, I remind you: - adopting the goal of attaining financial self - sustainability and moving toward its achievement; - obtaining the $12 million ISF grant for rehabilitation /renewal of the airport (this included our Chair and Vice -Chair flying to Ottawa at their own expense to meet with, and convince, program officials) which provided (among other things) an award - winning new terminal building, improved airside handling facilities, state of the art approach systems, and the development of an access road to the lands being prepared for future development; (11/26/2012) Dean lorfida - your Niagara District Airport report Page 2 - acquiring, at very favourable prices, the infrastructure (fuel farm and hangar) needed to attract top -notch RFP respondents, with the result that Allied Aviation, the largest North American owned fueling services operator, is now operating FBO services (fueling, hangaring, tie -down and parking, aircraft maintenance, etc) at the airport. (It was these successes which have garnered the Commission such recognitions as, in 2011, being awarded the NOTL Chamber's Christopher Newton Award for Extraordinary Vision in Business; in 2012, becoming a Greater Niagara Chamber of Commerce Business Awards finalist; and, most recently, being the subject of a four page spread in The Canadian Business Journal.) We are now actively pursuing scheduled commercial passenger service as well as an increase in charter services, such as the Air Canada flight in this October 2012 photo: 3) I am utterly baffled by the suggestion that a new Agreement is required to "ensure perspectives of the funding municipalities are better reflected" in the decisions of the commission." Did I not just read, in your 2011 -2014 Council's Strategic Priorities Mid -Term Report, that "Investigate commercial air opportunities with the Niagara District Airport to support SCC" was an Action Plan item? The Commission has, over the past several years, quietly carried out the necessary improvements (rehabilitation /renewal, assembling components required to attract reputable bidders for FBO, etc) needed in order to be in a position to attract commercial air opportunities. This has included, I might add, successfully withstanding attempts by various individuals, at various times, to circumvent the RFP process, the Airport's existing planning approvals, etc. Example: See letter from Peace Bridge Authority Chairman Sam Hoyt below; I also have a copy of an email attesting to how the Mayor of another municipality attempted to direct a Past Chairman of the Commission to sign a lease with a certain individual which would have violated the planning approvals under which the airport operates. I am very curious to hear your explanation of how the Commission might have failed to support and reflect the "perspectives of the funding municipalities." 4) I am also very curious as to why both the NOTL and St. Catharines CAOs have ingeniously failed to explain, or even mention, in their reports, a crucial change proposed in the copies of the amendments proposed to the Intermunicipal Agreement as per the attachment to their reports: Replacing the Airport Liaison Committee's (ALC) advisory role to one of authority and directorship, giving the Mayors and CAOs new powers and altering the accountability of the Commission (which is currently accountable to the Councils of the municipalities). The amendments in question may be viewed on p. 8 of the NOTL agenda materials at this link: http: / /cotw.notl.org/ sites / notl / NOTLCOTW. nsf/ bf5bf13826d2caa28525783e006e878e /1 adf31 el 5fd2b6098 5257a99006dd0e8/$FI LE /CAO- 12- 002_001. pdf In addition to removing the Chairperson of the Commission and any other resource persons as may be required from time to time from the makeup of the ALC (a rather curious move for a purportedly "Liaison" body), the purpose and authority of the ALC is altogether changed by striking the words an advisory" as (11/26/2012) Dean lorfida - your Niagara District Airport report Page 3 per the Agreements current role definition: "... shall be an advisory committee to the Commission." The new words "give direction to the are inserted, changing the defined role of the ALC to: "The Airport Liaison Committee, hereinafter referred to as 'ALC,"' shall be committee to give direction to the Commission." The intention, when a previous Commission Chairman (still a Commission member) suggested setting up the ALC, was for that body to serve in an advisory role and to bring resources to the airport. It was never intended that the ALC should serve in the directorship capacity proposed. One of my concerns with this is that it may constitute a violation of the intent of sections 198 and 202 of The Municipal Act: There are provisions to give a joint municipal service board, such as the Commission, the "control and management' of services and activities by delegating the powers and duties of the municipalities to the board. What the proposed changes to the Agreement do is usurp this "control and management" on behalf of a municipality by creating an additional layer of power and directorship. The proposed changes appear to subject a given municipalities' appointees to the direction of CAOs and Mayors of other municipalities. Another of my concerns is that proposing such changes is a violation of the current Intermunicipal Agreement itself. On p. 2 of the Agreement, it is stipulated that the parties hereto have deemed it advisable to administer and maintain the Niagara District Airport through the Niagara District Airport Commission in compliance with the requirements of Transport Canada ..." One of the requirements of Transport Canada is that the mandatory Safety Management System (SMS) be signed by a person who meets their definition of an "Accountable Executive." Transport Canada provides a flow chart of questions, requiring all answers to be affirmative, in order for a person to be deemed the "Accountable Executive" as per the SMS requirements. Currently, the Commission Chairman meets this definition and is the "Accountable Executive" for SMS purposes. The proposed changes would mean the Commission Chairman would no longer meet the Transport Canada definition of "Accountable Executive." A replacement would have to be found. The airport cannot operate unless it meets all requisite Transport Canada requirements, including an approved SMS thoroughly understood and signed by the current "Accountable Executive." Do you plan to address this issue? Jim has advised me that you will be bringing forward a report on Nov. 27th. I expect that you have no intention of presenting the same dangerous nonsense masquerading as fact to your Council. I look forward to seeing an honest and accurate report. janice CITY OF ST. CATHARINES Corporate Report Agenda Item 4.12 Report from Chief Administration Office, Administration Date of Report: November 14, 2012 Date of Meeting: November 26, 2012 Report Number: CAO- 657 -2012 File: 35.10.10 Subject: Updates to Niagara District Airport Funding Agreement Recommendation That Council approve the changes to the Joint Municipal Services Board Agreement governing the maintenance and operation of the Niagara District Airport and direct staff to update the agreement with the City of Niagara Falls and the Town of Niagara -on- the -Lake; and That the City Solicitor be directed to prepared the necessary by -law. FORTHWITH Summary in 2007! With the departure of the City of Thorold as funding municipality of the Niagara District Airport, the joint municipal service agreement which governs the maintenance and operation of the airport requires updating. = 6 years later? In addition to changing the agreement to reflect Thorold's departure, additional changes have been made. These changes will clarify the roles of both the commission and the funding municipalities, and will ensure perspectives of the funding municipalities are better reflected in the decisions of the commission. was not the case with the successful improvements over the past years ?! Background Commission's decisions lead to today's "disastrous" situation of NDA .. . The Niagara Airport Commission was established in 1959 to operate and maintain the Niagara District Airport, on behalf of neighbouring municipalities Niagara- on -the- Lake, Niagara Falls, St. Catharines and Thorold. This arrangement is part of a formal joint municipal services agreement signed by each of the funding municipalities and reviewed regularly. wrong, but will expire "soon ", on December 31st, 2026 = in 14 years! Given the agreement has expired and the fact that the City of Thorold is no Iongernae Zoos! funding municipality, an updated agreement is required. CAOs The mayors and slag from Niagara -on- the -Lake, Niagara Falls and St. Catharines recently met to discuss the agreement and concur with the proposed changes outlined in this report. Page 1 of 3 Chief Administration Office, Administration Page 131 of 151 Agenda Item 4.12 Report Commission reduced to nine With withdrawal of support from the airport, a member of Thorold City Council will no longer be appointed to the Niagara District Airport Commission nor will there be a member at large appointed to the commission from Thorold. This will reduce membership by two, from 1 1 to 9 people. has been the case since 2008! new has been in effect since 2008! The new commission will include one member of council for each funding municipality and six members at large: one for Niagara -on- the -Lake, two for Niagara Falls and three for St. Catharines. Selection of the members at large will be done through a nominating committee, which will include the council representatives on the commission and members of the existing Airport Liaison Committee (ALC). The appointment of members will continue to be done by each council, as is past practice. since ever! New makeup for liaison committee The ALC will be made up of the mayors and chief administrative officers of each of the funding municipalities. Unlike the previous committee makeup, the ALC will no longer include the commission chairman. nothing to liaise with the Commission? The ALC will meet at least twice each year, with one of the required meetings dealing with strategic business planning and annual budgets. As part of its role in serving as a resource for the commission, the ALC will provide interpretations of the joint municipal service board agreement to the commission when required. »> No word about the change from "advisory" nature of ALC to "giving directions" = new Board of Directors? Budget changes limited to $25,000 The updated agreement also provides clarity regarding changes to the airport's budget. Specifically the commission can approve changes up to $25,000 which do not result in a deficit, with notice being provided to the ALC. Capital expenditures must be included in the commission's annual budget or receive unanimous approval from the three funding municipalities. "Deficit" = normal for NDA = reason for Grants! As in previous agreements, the commission must appoint an auditor at its first meeting of the year; however under the new agreement the auditor must be the same as that of the municipality who contributes the largest portion to the operation of the airport. current agreement (2006) was wrong, Municipal Act (2001) re. auditor was not properly reflected! Airport to receive payments twice a year Currently, the funding municipalities provide funding to the airport in four equal payments on the first of each January, April, July, and October. The updated agreement will change this schedule to two payments annually, representing 50 per cent of the amount owning, on both January 1 and July 1. This change will not increase the amount paid to the airport but will assist it in managing cash flow throughout the year. Chief Administration Office, Administration Page 2 of 3 Page 132 of 151 Agenda Item 4.12 Financial Implications There are no financial implications to the Corporation of the City of St. Catharines as a result of the recommendations of this report. Conclusion The municipalities of Niagara -on- the -Lake, Niagara Falls and St. Catharines recognize the importance and value of the Niagara District Airport. For this reason each has agreed to continue to financially support its operations. The recommended changes to the joint municipal service agreement will clarify the roles of both the commission and the funding municipalities, and will ensure perspectives of the funding municipalities are better reflected in the decisions of the commission. Submitted by: Colin Briggs, CAO Prepared by: Cindy Upshall Approved by: Colin Briggs, CAO Chief Administration Office, Administration Page 3 of 3 Page 133 of 151 (11/26/2012) Dean lorfida - FW: PB Letter 060712 From: To: Date: Subject: Attachments: "Hoyt, Sam" <SHoyt @esd.ny.gov> "'ruedi @herutex.com"' <ruedi @herutex.com >, Janice Wing <janice_wing @coge... 6/8/2012 12:36 PM FW: PB Letter 060712 PB Itr 060712.pdf Dear Councillor Wing and Chairman Suter: Please see the attached letter which I sent to both of you earlier today. have any questions. Sam Sam Hoyt Empire State Development 95 Perry Street, Suite 500 Buffalo, NY 14203 716- 846 -8250 www. empire. state. ny .us <http: / /www.empire.state.ny. us> * ** * ** * ** IMPORTANT: This e -mail message and any attachments contain information intended for the exclusive use of the individual(s) or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and /or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please immediately notify the sender by electronic mail or notify the System Administrator by telephone (518)292 -5180 or e-mail (administrator @esd.ny.gov) and delete the message. Thank you. * ** * ** * ** Feel free to contact me should you Page 1 (11/26/2012) Dean Iorfida - PB Itr 060712.pdf Page 1 BUFFALO AND FORT ERIE PUBLIC BRIDGE AUTHORITY 100 Queen Street Fort Eric, Ontario L2A 3S6 VIA E-MAIL AND REGULAR MAIL June 7, 2012 Councillor Janice Wing City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Mr. Ruedi Suter, Chairman Niagara District Airport Commission 468 Niagara Stone Road Niagara -on- the -Lake, ON LOS 130 Re: Niagara District Airport Commission RFP Dear Councillor Wing and Chairman Suter: 1 am writing to follow -up on my letter of May 31, 2012. The Executive Committee of our Board met yesterday following a review by our counsel. We are addressing the matter internally. Please be advised that our General Manager, Ron Rienas, has been directed not to make any further comments on the Niagara District Airport Commission's RFP. We regret that this incident occurred and wish you success in choosing a Fixed Base Operator. Chairman of the Board Cc: Anthony M. Annunziata, Vice Chair Rocco Vacca, Esq. Gerald J. Lewandowski (11/26/2012) Dean lorfida - Re: your Niagara District Airport report From: To: CC: Date: Subject: Attachments: Janice Wing <janice_wing @cogeco.ca> Ken Todd <KTodd @niagarafalls.ca> Bart Mayes <bartm @niagarafalls.ca >, Carolynn loannoni <ioannoni @niagaraf... 11/19/2012 12:41 PM Re: your Niagara District Airport report Airport Commission Municipal Agreement.pdf Hi Ken, Thanks for your quick response. I see I have to correct yet another erroneous statement: The ALC is not, as you claim, "comprised of the 3 mayors and 3 CAO's from Niagara Falls , St. Catharines, and NOTL." Under the terms of the Intermunicipal Agreement, attached hereto, the Airport Liaison Committee is "constituted by the Mayor, the Chief Administrative Officer of each municipal party, the Chairperson of the Commission and any other resource persons as may be required from time to time." (p. 4) The Chairperson of the Commission was not advised of the secret ALC meeting, held earlier this year, at which the proposed changes were drafted. He only learned of it, as did the rest of the Commission, at our October 18, 2012 Commission meeting, when the St. Catharines Council rep, whom had learned of it through either his Mayor or CAO, mentioned it. The Niagara District Airport Commission has not been afforded an opportunity to comment on the proposed changes. By way of copy on this email, I will advise the Commission Chairman and the two Commissioners in attendance as observers at the Nov. 8 ALC meeting (I was able to be present only for the first hour of the meeting due to the St. Catharines reps arriving very belatedly) that they had no objections t the amendments. Your report is very different from what I heard from these same gentlemen's mouths at the Commission meeting last week. janice On Nov 19, 2012, at 12:19 PM, Ken Todd wrote: > Good morning Janice: > The Airport Liaison Committee ( comprised of the 3 mayors and 3 CAO's from Niagara Falls , St. Catharines, and NOTL) review the changes to the agreement at a meeting with members of the Airport Commission on November 8th. The Airport commission members did not have any objections to the amendments and recognized the need to update the agreement due to the fact that Thorold is no longer a municipal partner. The amendments strengthen and clarify the roles and responsibilities of the Commission and the Airport Liaison Committee. Our report will be very similar in nature to the other municipal reports and the report and agreement will be on the Council agenda for November 27th Ken > »> Janice Wing <janice_wing @cogeco.ca> 19/11/2012 11:35 AM >>> > Good morning Ken, > We have now seen identical reports, both mouthing the same inaccuracies, misleading statements, and insinuations about the Commission currently underperforming and failing to reflect and protect the Page 1 (11/26/2012) Dean Iorfida - Re: your Niagara District Airport report Page 1 From: Janice Wing <janice_wing @cogeco.ca> To: Ken Todd <KTodd @niagarafalls.ca> CC: Robert White <rgw7245 @gmail.com >, Ruedi Suter <ruedi @herutex.com >, Bart ... Date: 11/19/2012 1:21 PM Subject: Re: your Niagara District Airport report Thank you, Ken. I think it also needs to be clarified that when you reference a proposed new Agreement being "discussed with the Committee," you are referencing the ALC having a formal discussion on Nov. 8 about the changes some of its members drafted at the earlier secret meeting of which one of the ALC members (the Commission Chair) was not notified and to which he was clearly not invited. The Commission discussed this matter at their regularly scheduled Nov. 15 meeting and would like to comment. I am also looking forward to your responses to the concerns I have already raised. janice On Nov 19, 2012, at 12:52 PM, Ken Todd wrote: > Thanks Janice....the existing agreement states 4 mayors and 4 CAO's plus the Chair. The new agreement discussed with the Committee states 3 Mayors and 3 CAO's. Sorry for the confusion Ken > >>> Janice Wing <janice_wing @cogeco.ca> 19/11/2012 12:40 PM >>> > Hi Ken, > Thanks for your quick response. I see I have to correct yet another erroneous statement: The ALC is not, as you claim, "comprised of the 3 mayors and 3 CAO's from Niagara Falls , St. Catharines, and NOTL." > Under the terms of the Intermunicipal Agreement, attached hereto, the Airport Liaison Committee is "constituted by the Mayor, the Chief Administrative Officer of each municipal party, the Chairperson of the Commission and any other resource persons as may be required from time to time." (p. 4) > www.niagarafalls.ca > The City of Niagara Falls Confidentiality Notice > The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy from your computer system. > Thank you. (11/26/2012) Dean lorfida - Re: your Niagara District Airport report Page 1 From: Janice Wing < janice wing @cogeco.ca> To: Ken Todd <KTodd @niagarafalls.ca> CC: Bart Mayes <bartm @niagarafalls.ca >, Carolynn loannoni <ioannoni @niagaraf... Date: 11/20/2012 8:45 AM Subject: Re: your Niagara District Airport report Good morning Ken, Re: your statement that "The Airport commission members did not have any objections to the amendments ..." The persons to whom you refer therein stand by their assessment of the situation, which differs markedly from your own. There has been a private discussion. One of them has given me permission to quote him. He says, in response to another Commissioner: "... the 4 Commissioners and the Airport Manager present at the ALC Meeting on November 8th, 2012 not only were not invited to speak, rather we were told in no uncertain terms, as you pointed out, that we would have no opportunity whatsoever to provide any input. Moreover, the meeting was conducted as though the Airport Chairman was already not a member of the ALC." janice On Nov 19, 2012, at 12:19 PM, Ken Todd wrote: > Good morning Janice: > The Airport Liaison Committee ( comprised of the 3 mayors and 3 CAO's from Niagara Falls , St. Catharines, and NOTL) review the changes to the agreement at a meeting with members of the Airport Commission on November 8th. The Airport commission members did not have any objections to the amendments and recognized the need to update the agreement due to the fact that Thorold is no longer a municipal partner. The amendments strengthen and clarify the roles and responsibilities of the Commission and the Airport Liaison Committee. Our report will be very similar in nature to the other municipal reports and the report and agreement will be on the Council agenda for November 27th Ken > »> Janice Wing <janice_wing @cogeco.ca> 19/11/2012 11:35 AM »> > Good morning Ken, > We have now seen identical reports, both mouthing the same inaccuracies, misleading statements, and insinuations about the Commission currently underperforming and failing to reflect and protect the municipalities' interests, come out of the NOTL and St. Catharines' CAO's offices. I am attaching here an annotated version of the St. Catharines report: > www.niagarafalls.ca > The City of Niagara Falls Confidentiality Notice > The information contained in this communication including any attachments may be confidential,is intended only for the use of the recipient (s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents is strictly prohibited. If you have (11/26/2012) Dean lorfida - Re: your Niagara District Airport report From: Janice Wing <janice_wing @cogeco.ca> To: Ken Todd <KTodd @niagarafalls.ca> CC: <council @niagarafalls.ca >, Dean lorfida <diorfida @niagarafalls.ca> Date: 11/22/2012 9:52 AM Subject: Re: your Niagara District Airport report Good morning Ken, I see you have provided the EXACT same report (with the same inaccuracies, misleading statements, insinuations and TOTAL NEGLECT TO MENTION THE SWEEPING CHANGES PROPOSED TO THE ROLE AND POWERS OF THE ALC) as St. Catharines CAO Colin Briggs (the presumed author) and NOTL CAO Mike Galloway. Your report also pointedly fails to address the multiple problems I pointed out to you in a series of emails beginning with the email below. Perhaps you could prevail upon Mr. Briggs to also author for you a response to the issues your Councillor has raised? I note that my correspondence to you, as one of Council's three appointed representatives on the Commission, has not even been included in the Council agenda. Dean, could you please ensure all emails on this matter (on which you have previously been copied) are included in the hand -outs at least? (Thanks.) Furthermore, I am alarmed that Niagara Falls City Council is receiving even less information than NOTL Town Council: The new draft Agreement (to replace the purportedly "expired" Agreement which is not due to expire for another 14 years) attached to the NOTL Town Council agenda shows the proposed changes in red and blue inks. That being presented to our Council fails to deliver the same available information. How are my colleagues to know what is different from the current Agreement to its proposed replacement, especially when the most major change is TOTALLY UNMENTIONED in your report to us? Am I alone in thinking that (to quote Shakespeare) something is rotten in the state of Denmark? janice On Nov 19, 2012, at 11:35 AM, Janice Wing wrote: > Good morning Ken, > We have now seen identical reports, both mouthing the same inaccuracies, misleading statements, and insinuations about the Commission currently underperforming and failing to reflect and protect the municipalities' interests, come out of the NOTL and St. Catharines' CAO's offices. I am attaching here an annotated version of the St. Catharines report: > <CAO Report on New Municipal Agreement.pdf> > This and its NOTL twin appear to be intentionally misleading - for example: > 1) It is falsely claimed that the Intermunicipal Agreement has "expired" (bottom of p. 1 of the attached report). It is abundantly clear, to anyone who has bothered to read the Intermunicipal Agreement, that it Page 1 (11/26/2012) Dean lorfida - Re: your Niagara District Airport report has NOT - ie. > - page 2: AND whereas the parties hereto have deemed it advisable to continue to administer and maintain the Niagara District Airport through the Niagara District Airport Commission in compliance with the requirements of Transport Canada and have agreed to enter in this agreement for a term to expire on the 31st day of December, 2026; > - page 7: This agreement shall supercede any previous agreement and unless renewed or terminated by the parties hereto, the said agreement shall be binding on successors and assigns and shall remain in effect until the 31st day of December, 2026. > - page 11: "This agreement shall supercede any previous agreement and unless renewed or terminated by the parties hereto, the said agreement shall be binding on successors and assigns and shall remain in effect until the 31st day of December, 2026. > 2) There are repeated references to Thorold's departure, and impacts of same, as if this happened recently. That occurred, in fact, six years ago, in accordance with the provisions in the Intermunicipal Agreement for the departure of any of the parties thereto. > The Commission absorbed the resultant reduction in numbers and funding and pressed on with the business at hand which, over these past six years since Thorold's departure has included, I remind you: > - adopting the goal of attaining financial self- sustainability and moving toward its achievement; > - obtaining the $12 million ISF grant for rehabilitation /renewal of the airport (this included our Chair and Vice -Chair flying to Ottawa at their own expense to meet with, and convince, program officials) which provided (among other things) an award - winning new terminal building, improved airside handling facilities, state of the art approach systems, and the development of an access road to the lands being prepared for future development; > - acquiring, at very favourable prices, the infrastructure (fuel farm and hangar) needed to attract top-notch RFP refueling services operator, is now operating FBO services (fueling, hangaring, tie-down and parking, aircraft maintenance, etc) at the airport. > (It was these successes which have garnered the Commission such recognitions as, in 2011, being awarded the NOTL Chamber's Christopher Newton Award for Extraordinary Vision in Business; in 2012, becoming a Greater Niagara Chamber of Commerce Business Awards finalist; and, most recently, being the subject of a four page spread in The Canadian Business Journal.) > We are now actively pursuing scheduled commercial passenger service as well as an increase in charter services, such as the Air Canada flight in this October 2012 photo: > <01 Air Canada Jazz Oct 16- 2012.jpeg> > 3) I am utterly baffled by the suggestion that a new Agreement is required to "ensure perspectives of the funding municipalities are better reflected" in the decisions of the commission." > Did I not just read, in your 2011 -2014 Council's Strategic Priorities Mid -Term Report, that "Investigate commercial air opportunities with the Niagara District Airport to support SCC" was an Action Plan item? Page 2 (11/26/2012) Dean Iorfida - Re: your Niagara District Airport report The Commission has, over the past several years, quietly carried out the necessary improvements (rehabilitation /renewal, assembling components required to attract reputable bidders for FBO, etc) needed in order to be in a position to attract commercial air opportunities. > This has included, I might add, successfully withstanding attempts by various individuals, at various times, to circumvent the RFP process, the Airports existing planning approvals, etc. Example: See letter from Peace Bridge Authority Chairman Sam Hoyt below; I also have a copy of an email attesting to how the Mayor of another municipality attempted to direct a Past Chairman of the Commission to sign a lease with a certain individual which would have violated the planning approvals under which the airport operates. > <FW_ PB Letter 060712.eml> > I am very curious to hear your explanation of how the Commission might have failed to support and reflect the "perspectives of the funding municipalities." > 4) I am also very curious as to why both the NOTL and St. Catharines CAOs have ingeniously failed to explain, or even mention, in their reports, a crucial change proposed in the copies of the amendments proposed to the Intermunicipal Agreement as per the attachment to their reports: Replacing the Airport Liaison Committee's (ALC) advisory role to one of authority and directorship, giving the Mayors and CAOs new powers and altering the accountability of the Commission (which is currently accountable to the Councils of the municipalities). > The amendments in question may be viewed on p. 8 of the NOTL agenda materials at this link: http: / /cotw.notl.org/ sites / notl/ NOTLCOTW. nsf/ bf5bf13826d2caa28525783e006e878e /1 adf31 el 5fd2b6098 5257a99006dd0e8 /$FILE /CA0- 12- 002_001. pdf > In addition to removing "the Chairperson of the Commission and any other resource persons as may be required from time to time" from the makeup of the ALC (a rather curious move for a purportedly "Liaison" body), the purpose and authority of the ALC is altogether changed by striking the words "an advisory" as per the Agreement's current role definition: "... shall be an advisory committee to the Commission." > The new words "give direction to the" are inserted, changing the defined role of the ALC to: The Airport Liaison Committee, hereinafter referred to as 'ALC,"' shall be committee to give direction to the Commission." > The intention, when a previous Commission Chairman (still a Commission member) suggested setting up the ALC, was for that body to serve in an advisory role and to bring resources to the airport. It was never intended that the ALC should serve in the directorship capacity proposed. One of my concerns with this is that it may constitute a violation of the intent of sections 198 and 202 of The Municipal Act: > There are provisions to give a joint municipal service board, such as the Commission, the "control and management" of services and activities by delegating the powers and duties of the municipalities to the board. What the proposed changes to the Agreement do is usurp this "control and management" on behalf of a municipality by creating an additional layer of power and directorship. The proposed changes appear to subject a given municipalities' appointees to the direction of CAOs and Mayors of other municipalities. > Another of my concerns is that proposing such changes is a violation of the current Intermunicipal Agreement itself. On p. 2 of the Agreement, it is stipulated that "the parties hereto have deemed it advisable to administer and maintain the Niagara District Airport through the Niagara District Airport Commission in compliance with the requirements of Transport Canada ..." Page 3 (11/26/2012) Dean lorfida - Re: your Niagara District Airport report Page 4 > One of the requirements of Transport Canada is that the mandatory Safety Management System (SMS) be signed by a person who meets their definition of an "Accountable Executive." Transport Canada provides a flow chart of questions, requiring all answers to be affirmative, in order for a person to be deemed the "Accountable Executive" as per the SMS requirements. > Currently, the Commission Chairman meets this definition and is the "Accountable Executive" for SMS purposes. The proposed changes would mean the Commission Chairman would no longer meet the Transport Canada definition of "Accountable Executive." A replacement would have to be found. > The airport cannot operate unless it meets all requisite Transport Canada requirements, including an approved SMS thoroughly understood and signed by the current "Accountable Executive." Do you plan to address this issue? > Jim has advised me that you will be bringing forward a report on Nov. 27th. I expect that you have no intention of presenting the same dangerous nonsense masquerading as fact to your Council. I look forward to seeing an honest and accurate report. > janice (11/26/2012) Dean lorfida - Re: your Niagara District Airport report From: Ken Todd To: Janice Wing CC: CouncilMembers; Dean Iorfida; Jim Diodati Date: 11/22/2012 11:15 AM Subject: Re: your Niagara District Airport report Good morning Janice: At the ALC (Airport Liaison Committee) meeting on November 8, which you were in attendance at, the draft agreement was circulated to member of the Commission and the changes to the agreement where reviewed. It was agreed by a motion passed by the Committee that the agreements be approved and forwarded to the respective Council's at there next regular meetings. The CAD's would present a standardized report to Council which the CAO of St. Catharines agreed to prepare since they are the largest municipal contributor to the airport and their solicitor was preparing the revised legal agreements. The report and agreement on the Niagara Falls Council agenda for November 27th reflect the position of the ALC that was approved at the November 8th meeting. I would be happy to have the other email and the highlighted agreement , as well as the minutes from the Airport Liaison Committee meeting, circulated to all members of Council by Dean in order that a full and open discussion on the issue can occur at Council Ken »> Janice Wing <janice_wing ©cogeco.ca> 22/11/2012 9:52 AM »> Good morning Ken, I see you have provided the EXACT same report (with the same inaccuracies, misleading statements, insinuations and TOTAL NEGLECT TO MENTION THE SWEEPING CHANGES PROPOSED TO THE ROLE AND POWERS OF THE ALC) as St. Catharines CAO Colin Briggs (the presumed author) and NOTL CAO Mike Galloway. Your report also pointedly fails to address the multiple problems I pointed out to you in a series of emails beginning with the email below. Perhaps you could prevail upon Mr. Briggs to also author for you a response to the issues your Councillor has raised? I note that my correspondence to you, as one of Council's three appointed representatives on the Commission, has not even been included in the Council agenda. Dean, could you please ensure all emails on this matter (on which you have previously been copied) are included in the hand -outs at least? (Thanks.) Furthermore, I am alarmed that Niagara Falls City Council is receiving even less information than NOTL Town Council: The new draft Agreement (to replace the purportedly "expired" Agreement which is not due to expire for another 14 years) attached to the NOTL Town Council agenda shows the proposed changes in red and blue inks. That being presented to our Council fails to deliver the same available information. How are my colleagues to know what is different from the current Agreement to its proposed replacement, especially when the most major change is TOTALLY UNMENTIONED in your report to us? Am I alone in thinking that (to quote Shakespeare) something is rotten in the state of Denmark? janice Page 1 (11/26/2012) Dean lorfida - Re: your Niagara District Airport report Page 2 On Nov 19, 2012, at 11:35 AM, Janice Wing wrote: Good morning Ken, We have now seen identical reports, both mouthing the same inaccuracies, misleading statements, and insinuations about the Commission currently underperforming and failing to reflect and protect the municipalities' interests, come out of the NOTL and St. Catharines' CAD's offices. I am attaching here an annotated version of the St. Catharines report: <CAO Report on New Municipal Agreement.pdf> This and its NOTL twin appear to be intentionally misleading - for example: 1) It is falsely claimed that the Intermunicipal Agreement has "expired" (bottom of p. 1 of the attached report). It is abundantly clear, to anyone who has bothered to read the Intermunicipal Agreement, that it has NOT - ie. - page 2: AND whereas the parties hereto have deemed it advisable to continue to administer and maintain the Niagara District Airport through the Niagara District Airport Commission in compliance with the requirements of Transport Canada and have agreed to enter in this agreement for a term to expire on the 31st day of December, 2026; - page 7: This agreement shall supercede any previous agreement and unless renewed or terminated by the parties hereto, the said agreement shall be binding on successors and assigns and shall remain in effect until the 31st day of December, 2026. - page 11: This agreement shall supercede any previous agreement and unless renewed or terminated by the parties hereto, the said agreement shall be binding on successors and assigns and shall remain in effect until the 31st day of December, 2026. 2) There are repeated references to Thorold's departure, and impacts of same, as if this happened recently. That occurred, in fact, six years ago, in accordance with the provisions in the Intermunicipal Agreement for the departure of any of the parties thereto. The Commission absorbed the resultant reduction in numbers and funding and pressed on with the business at hand which, over these past six years since Thorold's departure has included, I remind you: - adopting the goal of attaining financial self- sustainability and moving toward its achievement; - obtaining the $12 million ISF grant for rehabilitation /renewal of the airport (this included our Chair and Vice -Chair flying to Ottawa at their own expense to meet with, and convince, program officials) which provided (among other things) an award- winning new terminal building, improved airside handling facilities, state of the art approach systems, and the development of an access road to the lands being prepared for future development; - acquiring, at very favourable prices, the infrastructure (fuel farm and hangar) needed to attract top- (11/26/2012) Dean Iorfida - Re: your Niagara District Airport report Page 3 notch RFP respondents, with the result that Allied Aviation, the largest North American owned fueling services operator, is now operating FBO services (fueling, hangaring, tie -down and parking, aircraft maintenance, etc) at the airport. (It was these successes which have garnered the Commission such recognitions as, in 2011, being awarded the NOTL Chamber's Christopher Newton Award for Extraordinary Vision in Business; in 2012, becoming a Greater Niagara Chamber of Commerce Business Awards finalist; and, most recently, being the subject of a four page spread in The Canadian Business Journal.) We are now actively pursuing scheduled commercial passenger service as well as an increase in charter services, such as the Air Canada flight in this October 2012 photo: <01 Air Canada Jazz Oct 16- 2012.jpeg> 3) I am utterly baffled by the suggestion that a new Agreement is required to "ensure perspectives of the funding municipalities are better reflected" in the decisions of the commission." Did I not just read, in your 2011 -2014 Councils Strategic Priorities Mid -Term Report, that "Investigate commercial air opportunities with the Niagara District Airport to support SCC" was an Action Plan item? The Commission has, over the past several years, quietly carried out the necessary improvements (rehabilitation /renewal, assembling components required to attract reputable bidders for FBO, etc) needed in order to be in a position to attract commercial air opportunities. This has included, I might add, successfully withstanding attempts by various individuals, at various times, to circumvent the RFP process, the Airport's existing planning approvals, etc. Example: See letter from Peace Bridge Authority Chairman Sam Hoyt below; I also have a copy of an email attesting to how the Mayor of another municipality attempted to direct a Past Chairman of the Commission to sign a lease with a certain individual which would have violated the planning approvals under which the airport operates. <FW_ PB Letter 060712.eml> I am very curious to hear your explanation of how the Commission might have failed to support and reflect the "perspectives of the funding municipalities." 4) I am also very curious as to why both the NOTL and St. Catharines CAOs have ingeniously failed to explain, or even mention, in their reports, a crucial change proposed in the copies of the amendments proposed to the Intermunicipal Agreement as per the attachment to their reports: Replacing the Airport Liaison Committee's (ALC) advisory role to one of authority and directorship, giving the Mayors and CAOs new powers and altering the accountability of the Commission (which is currently accountable to the Councils of the municipalities). The amendments in question may be viewed on p. 8 of the NOTL agenda materials at this link: http: / /cotw.notl.org/ sites / notl / NOTLCOTW. nsf/ bf5bf13826d2caa28525783e006e878e/ ladf31e15fd2b60 985257a99006dd0e8 / $ FI LE /CAO- 12- 002_001. pdf In addition to removing "the Chairperson of the Commission and any other resource persons as may be required from time to time" from the makeup of the ALC (a rather curious move for a purportedly (11/26/2012) Dean lorfida - Re: your Niagara District Airport report Page 4 "Liaison" body), the purpose and authority of the ALC is altogether changed by striking the words "an advisory" as per the Agreement's current role definition: "... shall be an advisory committee to the Commission." The new words "give direction to the" are inserted, changing the defined role of the ALC to: 'The Airport Liaison Committee, hereinafter referred to as 'ALC, "' shall be committee to give direction to the Commission." The intention, when a previous Commission Chairman (still a Commission member) suggested setting up the ALC, was for that body to serve in an advisory role and to bring resources to the airport. It was never intended that the ALC should serve in the directorship capacity proposed. One of my concerns with this is that it may constitute a violation of the intent of sections 198 and 202 of The Municipal Act There are provisions to give a joint municipal service board, such as the Commission, the "control and management of services and activities by delegating the powers and duties of the municipalities to the board. What the proposed changes to the Agreement do is usurp this "control and management" on behalf of a municipality by creating an additional layer of power and directorship. The proposed changes appear to subject a given municipalities' appointees to the direction of CAOs and Mayors of other municipalities. Another of my concerns is that proposing such changes is a violation of the current Intermunicipal Agreement itself. On p. 2 of the Agreement, it is stipulated that "the parties hereto have deemed it advisable to administer and maintain the Niagara District Airport through the Niagara District Airport Commission in compliance with the requirements of Transport Canada ... One of the requirements of Transport Canada is that the mandatory Safety Management System (SMS) be signed by a person who meets their definition of an "Accountable Executive." Transport Canada provides a flow chart of questions, requiring all answers to be affirmative, in order for a person to be deemed the "Accountable Executive" as per the SMS requirements. Currently, the Commission Chairman meets this definition and is the "Accountable Executive" for SMS purposes. The proposed changes would mean the Commission Chairman would no longer meet the Transport Canada definition of "Accountable Executive." A replacement would have to be found. The airport cannot operate unless it meets all requisite Transport Canada requirements, including an approved SMS thoroughly understood and signed by the current "Accountable Executive." Do you plan to address this issue? Jim has advised me that you will be bringing forward a report on Nov. 27th. I expect that you have no intention of presenting the same dangerous nonsense masquerading as fact to your Council. I look forward to seeing an honest and accurate report. janice THIS AGREEMENT made in quadruplicate the 6th day of November 2012. BETWEEN: THE CORPORATION OF THE CITY OF ST. CATHARINES hereinafter called "St. Catharines" - and - of the FIRST PART THE CORPORATION OF THE CITY OF NIAGARA FALLS hereinafter called "Niagara Falls" of the SECOND PART; - and - THE CORPORATION OF THE TOWN OF NIAGARA -ON- THE -LAKE hereinafter called "Niagara -on- the - Lake" and -. • hereinafter called "Thorold" of the THIRD PART; of the FOURTH PART; / WHEREAS pursuant to sections 19, 20 and 70 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, the Councils of any two (2) or more municipalities- may enter into an agreement to jointly provide, for their benefit and any matter which all of them have the power to provide, i.e., a transportation system other than highways, including an airport; AND WHEREAS the parties hereto are desirous of establishing a Joint Municipal Services Board pursuant to section 202 of the Municipal Act, 2001, S.O. 2001, c.25, as amended; AND WHEREAS the Niagara District Airport Commission was established in the year 1959, and has operated the Niagara District Airport since that date under a lease with the Ministry of Transport of Canada; AND WHEREAS by agreement made on the first day of January, 1964, the existence - -of the Niagara District Airport Commission was continued in accordance with the terms and provisions of the said agreement and, subsequently, by other agreements. -2- AND WHEREAS ownership of the Niagara District Airport was transferred by the Federal government to the Town of Niagara -on- the -Lake, Ontario on September 13, 1996, providing that the Town of Niagara -on- the -Lake continues to operate the said premises as an airport; AND WHEREAS the parties hereto have deemed it advisable to continue to administer and maintain the Niagara District Airport through the Niagara District Airport Commission in compliance with the requirements of Transport Canada and have agreed to enter into this Aagreement for a term to expire on the 31st day of December, 2026; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the--covenants and agreements hereinafter contained and expressed, the parties hereto covenant and agree, each with the other, as follows: 1. That there shall be continued an aerodrome hereinafter called an Airport in the Town of Niagara -on- the -Lake, in the Regional Municipality of Niagara, to be known as the Niagara District Airport, hereinafter referred to as the "Airport". The parties hereto have agreed to enter into this Aagreement to recognize the establishment of and to continue the Joint Municipal Services Board to provide for and facilitate the operation of the Airport. 2. That the Commission known as the Niagara District Airport Commission (hereinafter referred to as the "Commission ") shall be and the same is hereby continued and shall be composed as follows: a) One (1) elected Council member appointed by each of the respective councils of each of the parties hereto who shall be a member of the Commission for a term of four (4) years or for such lesser period as may be determined by the appointing Council, which term shall coincide with the term of municipal council. b)_ Six(6) additional members at large, consisting of three (3) from the City of St. Catharines, 2 Town of Niagara -on- the -Lake. -3- Formatted: Indent: Left: 0 ", Hanging: 0.56" • Formatted: Indent: Left: 0 ", Hanging: 0.56 ", Tab stops: 3.5 ", Centered + Not at -0.5" The appointment of those additional members shall be made by the respective Councils after considering the recommendation of the Commission. c) A Nominating Committee consisting of the Airport Liaison Committee, together with the respective Council representatives of the Commission shall be responsible for reviewing a list of candidates submitted by respective clerks of each municipality pursuant to a Formatted: Indent: Left: 0 ", Hanging' 0.56" 3 ` process outlined herein. The seven six (6) additional members shall be appointed for a term of four (4) years by Council of each municipality unless for such lesser period as may be determined by the appointing Council. The parties agree that the members shall continue to hold office until their successors are appointed. The process for determining prospective members of the Commission shall be as follows: i) Each Municipality will advertise in the local newspaper, and the City-Clerk will receive applications for open positions on the Commission before the end of December. ii) The City Clerk of each Municipality will forward the applications to the Nominating Committee of the Commission. The Nominating Committee will scrutinize the applications and determine a short list based on the expertise, experience, industry knowledge, business experience or background in financial, legal, accounting and /or marketing experience and overall beneficial participation on the Commission, in consultation with the respective Council representative of the Commission -. iii) The Nominating Committee will interview the applicants on the short list and present their recommendations to the Commission for approval. iv) The Commission will forward its recommendations, together with reasons for their - selection, of proposed candidates to each of the respective municipalities for their consideration in making the necessary appointments. Council shall not be required to appoint those recommended by the Commission. Appointments will be made by the appropriate Municipality. 4 appointment to respective Councils; when submitting a list of recommended additional members. The Commission's suggested term for the appointment of recommended members shall ensure the necessary continuity of experienced members on the Commission. Notwithstanding the four —year term, nothing shall prevent the reappointment --4- 1 Formatted: Indent: Left: 0.06 ", Hanging: 0.44" -of an existing member of the Commission for subsequent or future terms. 3. The parties hereto agree that an Airport Liaison Committee shall be established and constituted by the Mayor and, the Chief Administrative Officer of each municipal party. , the Chairperson of the Commission and any other resource persons as may be required from time to time. The Airport Liaison Committee, hereinafter referred to as "ALC ", shall be an advisory committee to the -give direction to the Commission. Each Mayor shall have a turn at chairing the said ALC. The parties hereto have agreed that the Lord Mayor of Niagara -on- the -Lake shall act as the first Chairperson to this - Committee -to the ALC to hold the said position for a period of one (1) year and thereafter each Mayor shall act as Chairperson on a rotation basis for a period of one (1) year each. The ALC shall function as a resource to the Commission on an as: required basis. The ALC shall be required to holdmeet a minimum of two (2) meetings a year. The said meetings and additional meetings shall be at the call of the Chair or other members. One (1) of the required meetings shall deal with the strategic business planning and annual budget of the Airport, which meeting shall be held prior to budget submissions. The Commission shall provide financial statements to each Mmayor participating in the ALC. Further, the Commission shall ensure that all highlights or minutes of the Commission meetings shall be provided to the ALC. The ALC shall serve to create a liaison between the Commission and to keep their respective councils informed of Commission activities. The ALC will provide interpretations of the Joint Municipal Service Board agreement to the Commission. 4. The control and management of the said Airport shall be and is hereby entrusted to the • ! r Formatted: Indent: Left: 0.06 ", Hanging: 0.44 ", Tab stops: 3.5 ", Centered + Not at 0.5" I LFormatted: Indent: Hanging: 0.44" 5 Commission. The Commission constituted in accordance with section 2 of this aAgreement and acting as a joint municipal services board pursuant to the Municipal Act, 2001, is hereby appointed and shall for purposes of this aAgreement be deemed to be appointed by all parties to this Aagreement. The Airport is to function as a viable commercial entity under the direction of the Commission, with its primary purpose being meeting the needs of commercial and corporate aviation within the commercial service area of Niagara Region. In this role, the Commission should provide land and faciliticsFacilities to attract _ - aviation_ related businesses to locate at the Airport, support local area industrial - growth by facilitating access by corporate aviation and encourage commercial passengers and freight air services to the extent that markets for these can be developed. In order to fulfill its mandate and subject to the budget and business plan approved by the parties hereto, the Commission shall hereby be authorized to hold all assets in trust for the parties hereto and authorized to enter into agreements, leases and to acquire property as necessary for the fulfillment of its mandate. 5. The parties hereto direct and authorize the Commission to formalize agreements, as required, with any of the municipal parties to provide administrative and /or technical services to the Commission to assist both the Manager and Commission in the operation of the Airport. Further, the parties agree that the Commission shall develop a supportive relationship with the municipal parties_ —and Regional Economic Development departments. 6. The Commission shall be required to present to the respective Councils of each Municipal party, a business plan setting out anticipated improvements and operating results on a yearly basis together with its budget. Further, the parties agree that the Chairperson of the Commission shall attend a minimum of one (1) meeting of Council of each municipal party, in a twelve (12) month period, for the purpose of providing the respective Ccouncils with a - formal administrative and operations report and to seek approvals for the required capital expenditures outlined in the business plan. The Commission has the authority to approve changes up to $25,000 to the budget. The change cannot result in a deficit. Notice of any change must be given 6 to the ALC. The Commission cannot approve any capital expenditures or incur any debt without the approval in the annual budget or by the unanimous approval of three (3) participating municipalities. 7. The Commission shall engage a manager and such other employees as may be necessary for the proper operation and maintenance of the Airport -. 8. The officers of the Commission shall consist of a Chairperson, a Vice Chairperson, a Secretary, a Treasurer and such other officers as the Commission may deem necessary, from time to time. 9. The Commission may appoint from its membership such committees as it may consider advisable. 10. The annual budget shall be approved by the Commission at its November meeting and copies of the said budget shall be submitted to the Clerk of the parties hereto on or before the 30th day of November, in each year, for consideration by the respective Councils of the parties. If the budget is objected to by one (1) or more of the parties hereto, it shall be referred back to the Commission for further study, review and modification. In any event, the budget will not be binding on an objecting party until approved by that party. Notwithstanding the — foregoing, each of the parties hereto, shall in each year during the term of this Aagreement, pay an amount equal to fifty per cent twenty -five (50 -25 %) per cent and further it will pay the remaining fifty per cent (50 %) after the budget has been approved, no later than July 1, of the last approvedd budget as approved by that party, by January 1st. A further4wenty-five-per cent of the last approved- budget -lay -that-party shall be paid to -the -Commission no later than- -April 1st. On July 1-st and October 1st, equal already paid -en January 1 and April 1, will be paid to the Commission by the respective parties. 7 11. The cost of operating, maintaining and improving the Airport shall be borne by the parties hereto on a population ratio basis. Such population to be determined by information obtained from the Municipal Property Assessment Corporation, -and each party shall pay its share of the Commission's budget for the respective years covered by the agreement to the Treasurer of the Commission in quarterly installments as provided in paragraph 10 hereto. In the event that any of the parties hereto dispute the aforesaid determination of the population of any one (1) or more of the municipalities in any year for the purpose of this Aagreement, or in the event that such determination of the population differs from the population figures for such year published in the Municipal Directory, the Municipal Directory shall govern and all necessary adjustments shall be made in the share to be paid by each party for such year. 12. Providing that as long as the Airport is operated as an airport and that the parties hereto provide the funding as discussed herein, all three (3)four municipalities will share on a per capita basis on distribution of assets that may occur as a result of a sale of the Airport. 13. The Commission shall appoint an auditor of the municipality that is responsible for the largest share of the expenses of the local board at the first meeting of the Commission in each year, and a copy of the auditor's statement shall be sent to the Clerk of each of the party municipalitiesy forthwith after it has been prepared. 14. The Commission shall meet on the third Thursday of every other month at the call of the Chairperson, commencing at February's annual meeting. Other Commission meetings may be called as necessary by the Chairperson or alternatively, the Commission shall be required to meet a minimum of six (6) times a year at the call of the Chairperson). The _first annual general meeting shall not be later than February 27 the end of February in each and every given year. Other Commission meetings may be called as necessary by the Chairperson or at the request of two (2) other members. 15. The Commission shall ensure that it prepares and adopts, pursuant to the requirements 8 of the Municipal Act, 2001 a procedural by -law, procurement policy and hiring policy. The Commission shall provide the Clerk of each municipal party with a copy of all current by -laws passed and policies adopted by the Commission and a copy of the lease between the Commission and Niagara -on- the -Lake. 16. If, at any time, any of the parties hereto wish to terminate it's participation in this aAgreement, it shall give a minimum of twelve (12) months written notice to the Commission and to the Clerk of each party hereto. The party wishing to terminate its participation shall be responsible for paying it's share as required by this Aagreement, the amount required to cover ifs share of the last - approved budget. The responsibility shall continue until the year end and until the next year's budget -is approved. The terminating party shall by - terminating ifs participation, abandon all it's interests and rights in the Airport and hereby agrees to hold the other parties to this Agreement harmless of any obligations thereto. 17. In the event other municipalities are interested in joining the Commission, the parties hereto agree to undertake the necessary negotiations to pursue the eventual amendment to this aAgreement. 18. This Aagreement shall supercede any previous agreement ands unless renewed or terminated by the parties hereto, the said Aagreement shall be binding on successors and assigns and shall remain in effect until the 31st day of December, 2026. 'Signatures appear on the following page' LFormatted: Centered IIN WITNESS WHEREOF the parties hereto have hereunto affixed their respective corporate seals under the hands of their proper signing officers duly authorized in that behalf. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE CITY OF in the presence of: ) ST. CATHARINES OF THE- GI-TY --QF ) Mayor Clerk THE CORPORATION OF THE CITY OF NIAGARA FALLS Mayor TOWN OF Clerk THE CORPORATION OF THE NIAGARA -ON- THE -LAKE ) ) —THORO - D Lord Mayor Clerk Formatted: Tab stops: 3.5 ", Centered + Not at -0.5" CORPORATION • ( Formatted: Indent: First line: 3" Formatted: Indent: First line: 3" 10 } -Mayer • ( Formatted: Indent: Left: 0 ", First line: 3" l Formatted: Indent: Left: 0 ", First line: 3" Clerk Airport Liaison Committee Thursday, November 8, 2012 2:00 p.m. — 4:00 p.m. City of Niagara Falls — Committee Room 1 Present: Membership of Airport Liaison Committee Mayor Brian McMullan and Collin Briggs, CAO, St. Catharines Lord Mayor Dave Eke and Mike Galloway, CAO, Niagara -on- the -Lake Mayor Jim Diodati and Ken Todd, CAO, Niagara Falls Niagara District Airport Ruedi Suter, Commission Chair Len O'Connor, Airport Manager Robert White, Commission Treasurer Guests Greg Washuta, Airport Commissioner, St. Catharines City Councillor Janice Wing, Airport Commissioner, Niagara Falls City Councillor Welcome from current Chair, Mayor Diodati Objects of the meeting: 1) Porter Airline Escape Program 2) Update the Niagara District Airport Joint Municipal Service Agreement which governs the maintenance and operation of the Airport. 1) Porter Airline Escape Program Airport Chair, Ruedi Suter, outlined the progress that has been made on engaging Porter Airlines to run a "Vacation Escape Program" to the Niagara District Airport. As a result, additional capital spending for new security and screening improvements will be required. Moved by Mayor McMullan Seconded by Colin Briggs • That S100,000 in capital spending for necessary security and screening improvements required to accommodate Porter Airlines be included in the 2013 Capital Budget, subject to the Business Case and Agreements being reviewed and presented to the Airport Liaison Committee, prior to approval by the Airport Commission. All in favour Carried Airport Liaison Committee Meeting Thursday, November 8, 2012 City of Niagara Falls — Committee Room 1 2) Update to the Niagara District Airport Funding Agreement -2 Discussion took place regarding proposed amendments to the existing Niagara District Airport Funding Agreement between the municipal partners. Colin Briggs presented an updated agreement which was circulated to the Board Members in attendance. The Agreement includes changes to: a) the Commission composition b) the make -up and responsibilities of the Airport Liaison Committee c) provide further clarity on funding reporting. Moved by Mayor McMullan Seconded by Lord Mayor Eke That the draft agreement, as presented to the Committee, be approved by the Committee and be presented to the three (3) municipal councils for their approval. All in favour Carried Meeting adjourned at 3:30 p.m.