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January 8, 2013
ADDITIONS TO COUNCIL, TUESDAY, JANUARY 8, 2013 COUNCIL 1. Copy of the Niagara Falls Public Library Board 2013 Operating Budget 2. R &C- 2013 -01, Parks, Recreation & Culture Strategic Plan Update a) Correspondence from Can 3. Deferral request from Downtown BIA re: TS- 2013 -05 Communications/ By -law 2013 -03 1. Niagara District Airport Commission Agreement a) Various emails /minutes Reports 1. PBD- 2013 -01 - Request for Extension to an Approved Revitalization Grant RGP- 01/2006, 4480 Bridge Street. Applicant: Joedy Burdett a) Request for Deferral from Mr. Burdett. 1. PBD- 2013 -08 - Rooftop Photovoltaic Solar Projects a) Memo from Alex Herlovitch, Director of Planning, building & Development City of Niagara Falls 2013 OPERATING BUDGET Niagara Falls Public Library Board January 8, 2013 2013 OPERATING BUDGET nmisarmf"a!ts Niagara Falls Public Library Board • Page Reference in Budget Book —pages 20 -21 • Department Compliment Full Time - 25 Part Time — 65 Of total staff there are only 5 who are not directly involved with the Public or other Agencies on behalf of the Library on a daily basis Major Activities: • Providing a relevant 21" Century library services to the residents of Niagara Falls • More than books. DVD's and information databases • Early Literacy programming (average 50 sessions per week /ages 4 months -14 years) • General interest and cultural adult programming • Local History digital resources database • Basic computer instruction and support for new technologies • Access to free internet and public computers • Public meeting space for community groups and public service programs (free income tax help for low income earners. flu shot clinics, free legal aid clinics, gallery for local artists 2 1/8/2013 1 Niagara Falls Public Library Board Pertinent Statistics: • Four locations — • Victoria Avenue Library (47,365 sq ft -1974) • Chippawa Branch (5487 sq ft —1984 reno ) • Stamford Centre Branch (5967 sq ft- 1 974 - leased) • Community Centre Branch 7865 sq ft-2005) • Library Van — purchased 2002 (114,500 km) • Used for Library deliveries between locations and general errands 2013 OPERATING BUDGET Ongoing partnerships • Share services with City e.g. accounting, payroll, supply /purchasing, building services, vehicle maintenance services, etc. which would otherwise result in more staff or greater expenditures by the library. • Assist City departments with projects where we have expertise to offer(Sports Wall of Fame, Museum database) 4 1/8/2013 2 2013 OPERATING BUDGET Niagara Falls Public Library Board Reviews Being Undertaken: • Service and Organizational Review • Replacement of current phone system with VolP system • Energy efficiencies • Home bound services Key Issues and Funding Challenges / Pressures: • Salaries and Benefits — employees moving up pay grid, OMERS etc. • Staff training • Utility costs • Loss of CAP funding — maintaining public internet access • Changing technologies • Major ILS software update & catalogue restructuring (to support RDA) required in 2013 • Meeting Legislative requirements —AODA and Health & Safety • Maintaining Property infrastructure with existing Reserves 2013 OPERATING BUDGET Accomplishments and Future Plans •Replacement of public computer workstations and Windows 7 /Office 2010 upgrade system wide completed in 2012 •Two locations recarpeted •Main Staff work area atVictoria refurbished (first time in 36 years) •Developed a newsletter as a communications tool to promote our services and programs 6 1/8/2013 3 Niagara Falls Public Library Board • New unified and simplified web presence to be introduced in early 2013 • Use of analytic software to identify and implement process and personnel efficiencies; upgrades to enhance these tools in 2013- build collections based on demand • Wireless Internet requires expanded capacity (bandwidth) 7 1/8/2013 4 375 Glendale Ave, St. Catharines, ON, L2T 1B9 Email: communityartistsniagara@gmail.com Phone: 289 969 4229 January 7, 2013 Mr. Major City Councilors Mr City Clerk Community Artists Niagara (CAn) Assessment of 2012 Culture and Recreation Plan Update Executive summary: Although City Staff has done an admirable job of assessing sports and recreation aspects, there has been no equivalent focus on arts and culture. This Update's recommendations for arts programs and funding are unacceptably low. The result is an unbalanced Culture and Recreation plan where 98.8% of total funds is intended for recreation (largely sports) and only 1.15% is intended for all arts and culture programming and projects. Of $6.5 million in funding over the next 5 years, including $3.1 million in new funding, only $75,000 has been recommended for the arts, and that is solely for Cultural Services Master Plan which is not even planned until 2014 — and may not be completed for five years. In spite of the already unacceptably low funding for visual arts and culture, no additional arts funding has been planned for the next five years 1. Community Artists Niagara requests that City Council return this report to City Staff with the request that more work be done immediately to assess arts and culture needs and funding, and return with a report that offers a funding recommendation that is more balanced between sports and the arts. 2. The time table for the Cultural Services Master Plan should be advanced, particularly to perform an early review of the market and feasibility of expenditures in the visual arts sector as proposed by Community Artists Niagara. 3. Community Artists Niagara requests that one or more City Councilors focus on the arts culture aspects of Niagara Falls and become champions of the arts. Background: Community Artists Niagara conducted a survey of arts locations in Niagara Falls and reported its results to Council in September. As presented to City Council in September by CAn, and in many meetings with City Staff, the Toss of the Historic Niagara Artistic Exhibition Center has removed the only fully functioning facility for artists to exhibit, meet, teach and work in Niagara Falls. The City has no functioning public exhibit space other than the Rosberg gallery of the Victoria Public Library and it is constantly booked. The City has no gathering space for artists, no teaching space, no space to exhibit and sell art. The City provides some funding to the Niagara Falls Art Gallery (approx. $27,000) mainly for its children's programming, and provides space rent of approximately $4,000 to the Niagara District Arts Council. The City allows the Peterson Art workshop to work in the former Chippewa Town Hall. As indicated in our report, the Niagara Falls Art Gallery does not have exhibit, teaching or working space for local artists. It has one or two teachers for public art classes. The Niagara District Arts Council only offers exhibit space to its small membership and does not accept oil painters to work in their very underused space. Their gallery is open 2 hrs a week or less. The Peterson Art Workshop has one teacher and no exhibit space. Its programs are mostly for youth. Elements of the 2012 Culture and Recreation Plan Update: 1. Unacceptable Delay in Conducting Cultural Services Master Plan Of $3,135,000 planned new projects only $75,000 was recommended for the arts and culture sector and that was for a Cultural Services Master Plan in 2014. (Page 10). CAn has no assurance that this study would be completed in 2014, because page 1 of the report notes, "Action plans, including the preparation of a Culture Master plan will be implemented in the next five years." This study was called for in the 2007 Culture and Recreation Plan — and it was not done. We unequivocally support the conduct of a Cultural Services Master Plan, CAn's Board of Directors wants to link into it and we have offered to conduct the visual arts feasibility aspects. But, this study should be done, well and thoroughly, in 2013. City Staff has told CAn that it cannot recommend any visual arts funding without having conducted such a study. Therefore it is CAn's assessment that if City Council approves this Update, the result could be a further possible 5 -year delay in any level of improved visual arts funding in Niagara Falls. 2. Unacceptable Unbalanced Funding Allocation Between Recreation (Sports) and Arts The five year Strategic Plan Update recommended capital projects are estimated to cost approximately 6.5 million dollars (attachment #2). Projects related to maintaining current inventory represent more than 50% of the total cost ($3,463,000) with new projects accounting for $3,135,000 (page 3). Our assessment of these figures indicates that the recommended funding balance is 98.8% for recreation (largely defined as sports), and 1.15% for arts and culture. This is an unacceptable balance, especially considering that there is no public visual arts facility in Niagara Falls (page 27) and the current visual arts funding level is about $31,000 to only two visual arts organizations. By contrast, the Update recommendations new project funding of $190,000 for a second off -leash dog park and $140,000 for boat dock improvements. 3. Update on Activities and Requests of Community Artists Niagara In late September, CAn proposed two funding projects to the City of Niagara Falls. We requested $30,000.00 project funding, broken into two interconnected projects. A. Design, plan, launch and maintain a marketing oriented website for all artists in Niagara Falls and South Niagara B. Conduct a market, investment and funding feasibility study for a visual arts center and its associated programming in Niagara Falls The Board of Directors of Community Artists Niagara is made up of local business people and a retired senior executive, and we are also artists. We recognized that before a visual arts center could be a reality, a feasibility study would be needed to determine the likelihood of success in this market, the investment, funding and economic potential of both the center and its programming. To be successful, a visual arts center will have to provided needed services to a broad swath of city residents and to be reasonably self - sustaining (i.e., only partly relying on government grants). A successful visual arts center and its programming would provide income - generating opportunities for professional and emerging artists, provide new opportunities for recreational, senior and student artists to learn and grow and provide space for art teachers to work. It would meet the needs of the local business, institutional and governments who need art services and art works. It would be interdependent on a strong website linking artists to businesses and marketing art in Niagara Falls. Of the $30,000.00 CAn applied for, we proposed $21,000.00 to conduct this wide - ranging feasibility. This project will not solely, or even primarily, benefit CAn. It will benefit the City of Niagara Falls and its residents. Artists who contribute to the study by planning the research, conducting interviews, gathering data and writing reports will be paid — and we will not limit the possibilities of work to only CAn members. It is only by getting artists and the CAn Board to do the data gathering, analysis and report writing will the City receive such a wide - ranging feasibility study for just $21,000.00 The project will be planned February — April of 2013, with data gathering May and June and a reporting deadline of August 2013. We have not heard the results of our funding application. Additionally, we approached the Culture and Recreation Department for fee - for - service funding to allow CAn to again organize the City -wide Green Art Show this spring. For the past several years, CAn has organized the Green Art show for professional and student artists incorporating several schools and their art teachers. CAn intended to request a small amount of fee - for - service funding to allow us to organize the City -wide Green Art show but we were denied funding. Unlike other arts organizations Community Artists Niagara has received and currently receives no funding from the City of Niagara Falls. Arts Organizations Lack an a Champion on City Council Community Artists Niagara -- and all arts organizations in Niagara Falls -- need an arts champion on City Council. We see newspaper photos of the Mayor and Councilors attending sports events and facility openings, but no one, not a single councilor, focuses on ensuring that the arts and culture aspects of Niagara Falls are given due attention and funding. We believe that City Staff's the demographic analysis of the recreation interests of retirees misses the point; Niagara Falls' new retirees will be more affluent and will increasingly prioritize the cultural side of recreation. We need one or more champions for the arts and culture on City Council to ensure fair attention, funding balance and interest. If the reason for our lack of a champion has been the lack of an invitation — we invite you! Talk to us, meet with us, attend our events, take an art class, get to know the value that the artists in your community offer Niagara Falls. Dean Iorfida From: General Manager <gm @niagarafallsdowntown.com> Sent: Monday, January 07, 2013 5:05 PM To: Dean Iorfida Cc: Phil Ritchie; Hair Lovers Place; The Camera Place Subject: Downtown Transportation Report Deferral Hi Dean: Early today the downtown BIA received the council report regarding our various transportation requests. At this time we would like to request a deferral of the matter until the January 22nd, 2013 council meeting. Unfortunately do to receiving the report one day prior to the council meeting, it does not give us sufficient time to prepare and formulate a proper presentation for the meeting. We hope the council understand and grants our request. Regards, Nemanja Kuntos BSc General Manager BIA Downtown Board of Management Office Location: 4660 Queen Street Niagara Falls, ON L2E 2L8 P: 905 - 356 -5444 C: 289 - 407 -2989 F: 905 - 356 -5667 gm aniagarafallsdowntown.com www.niagarafallsdowntown.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e -mail if you have received this e-mail by mistake and delete this e -mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 1 Dean Iorfida From: Janice Wing <janice_wing @cogeco.ca> Sent: Tuesday, January 08, 2013 12:52 PM To: Janice Wing Cc: Wayne Thomson Fallview Account; Bart Mayes; Carolynn Ioannoni; Jim Diodati; Joyce Morocco; Victor Pietrangelo; Wayne Gates; Vince Kerrio Overlooking the Falls Account; Dean Iorfida; Ken Todd; ruedi @herutex.com Ruedi Suter; Robert White; Manager AC Len O'Connor Subject: Re: impact of proposed changes to airport hierarchy Attachments: 12 -12 -31 White Paper re NEW NEW funding agreement,rgw.docx Importance: High Please note: I am also advised that the "Accountable Executive" for Transport Canada SMS purposes is also expected to be someone who is actively involved with the airport - not just a token figurehead. I faxed the relevant section of Transport Canada regulations to Dean this morning for inclusion in this afternoon's handouts. 1 am also including here a White Paper prepared late last year by Treasurer Robert White which I strongly encourage you to read before today's meeting. i will also emphasize his closing points therein: • It is time for positive forward thinking. Let us put the past behind us in a friendly supportive way that all interested parties may subscribe to. • We are about to celebrate the beginning of a new year. Let us celebrate with the beginning of a new, powerful and constructive relationship between the three municipal councils and the Airport Commission. We have this evening an opportunity to either mess things up badly (by jumping over the proverbial falls after St. Catharines and NOTL) or continue to move forward constructively. janice On Jan 7, 2013, at 12:40 PM, Janice Wing wrote: Airport Manager Len O'Connor has advised that, in accordance with his obligations to Transport Canada: " I have verbally informed Transport Canada as to the developments we have and will follow up with TC in writing if there are any changes to the hierarchy. " janice i Niagara District Airport - A White Paper {A streamlined and more efficient model for the funding agreement} Can the proposed new tripartite municipal funding agreement be made even better? Absolutely! Yes, and for the benefit of all. This proposal is designed to streamline and clarify responsibility and accountability for everyone: • First, clarify the responsibility and accountability for councillors appointed to the Airport Commission. Put them on the Airport Liaison Committee (ALC). This would represent a significant improvement in accountability and communications. • Second, keep the three mayors, or their permanent delegates, on the ALC. • Third, remove municipal staff from the ALC. • Fourth, make the Airport Commission more attractive for captains of industry and business to become members, both those in active employment as welt as retirees. {This is less likely to happen if they see themselves reporting to and/or directed by municipal staff. Many will be keen to join a community based Board of Directors.] • Fifth, appoint the Airport Chairman and Treasurer to the ALC to increase their accountability and sense of "partnership" working more closely with the politicians. • Sixth, add more formal reporting to the three councils with time tines. e.g. ALC to report to the three councils semi - annually.. • Seventh, remove the need for direction in the agreement. With six elected officials sitting down regularly with two Commissioners removes any need for "direction" per se. The ALC would automatically be working hand in hand with the commission on a cooperative basis. • Also, prepare a pre - agreed timetable for the required twice- yearly ALC meetings. • Encourage more informal meetings of the ALC to discuss matters of mutual interest. Encourage, in the spirit of collegiality, the AC Chairman and Treasurer to request meetings when important matters arise. There is much on the horizon. • Require the ALC to develop a capital budget and expenditure plan. {This is in limbo at present and must be addressed,} Comment [JWt]: Excellent suggestion, especially since it would retain the "liaison" component in the ALC, which will otherwise be Lost Comment (JW2]: ABSOLUTELY!!!! Giving staff voting powers is ridiculous. i Comment [JW3j: Beautiful! Your aside is DY14AMrTEE f Comment rJW41: Yes! Absolutely. Comment FJWS]: Great suggestion. If they're worried that we're not accountable enough, then make it so. This will a €coinplish that goal whereas giving the ALC directorship powers will not Comment (JW6]: Right on! CommentIJY47 j: Given the fact that the ALC has not abided by the imperative in the current agreement that they "shall" meet twice yearty, it sounds Titre this is needed to keep bxdp wide its track record of irrespoi ility, wi n s contractual • Membership would then include six elected officials (three mayors and three councillors {the tatter three appointed to the Commission} and two Commission members) • Hold all meetings of the ALC at the airport's place of bus'ee boardroom. The Airport. Administrator would be required to a secretary.,. as recording • Seek advice and comment for the "New New" agreement from the soldiers on the front line {the Commissioners} then require them to sign off on the new new agreement. • It is time for positive forward thinking. Let us put the past behind us in a friendly supportive way that all interested parties may subscribe to. • We are about to celebrate the beginning of a new year. Let us celebrate with the beginning of a new powerful and constructive relationship between the three municipal councils and the Airport Commission.' • Lastly, there is an even better model that we might consider and discuss for the longer term. More on that Later. Dec. 31, 2012 i Comment JW1O]: An actual LIAISON I committee! Comment WWII]: I]: Another thoroughly excellent thought, Comment [JW121: Seems a bit radical for a Council to seek input from affected stakeholders, but there's always room to break new ground. Comment [JW13]: Hear! Hear! Comment [JWI4j: Which is what other great minds have cottoned onto as well. Bravo! To : 90 G 90t'3 ■ Transport Transports Canada Canada 1'1 WAVP,17,7MIA7,73(731PATRUMIMMIIO H,iMkl YWYNYYi1∎Nuvr iii..:,,iFYi i:{Y1Nti1NNIPWIw�' SELECTION OF YOUR ACCOUNTABLE EXECUTIVE Reference: Canadian Aviation Regulation (CAR) 106.01 & 106.02 Effective in 2005, holders of a flight training unit operating certificate. approved maintenance orga- nization certificate, manufacturer certificate and air operator certificate, will be required to appoint an accountable executive. The accountable executive will be a single, identifiable person within each organization who will assume full responsibility for the organization's ongoing compliance with the CARs (ref CAR 106), It is imperative that the correct person is identified as the accountable ex- ecutive, and that the individual understands and accepts the roles and responsibilities associated with that position. This is not intended to be a position title without accountability. To assist organizations with the selection of their accountable executive, Appendices A and B provide a flow chart and series of questions respectively Appendix A identifies several organi- zational structures that will lead to a corresponding accountable executive. Once this person is determined. the questions in Appendix B will confirm the selected person is the correct choice. All questions must receive a 'yes' answer for the candidate to be acceptable. Should any of the questions result in a no answer, the selection process must start again with a new candidate. The organizational structures included in the Appendix are intended to cover the majority of situations that will be encountered. Should there be an organizational structure that does not result in the clear selection of an accountable executive, an appropriate candidate will be selected in consulta- tion with Transport Canada. Organizations required per the above references; to name an Accountable Executive must, within 30 -days of appointing the Accountable Executive: (a) complete the attached Compliance Statement or provide a similarly signed statement con- firming that the Accountable Executive accepts the responsibilities of the position; and (b) submit the document to their principal operations or maintenance inspector as applicable. Organizations are hereby authorized to amend their Flight Operations Manual, Maintenance Con- trol /Policy Manual or Quality Program Manual to incorporate the name or the Accountable Execu- tive. This amendment does not require Transport Canada approval The nomination of the Account- able Executive will be validated during the next inspection, regulatory audit or safety management system assessment. Inserting a copy of this document into your approved manual constitutes an acceptable means of compliance with this requirement. Canada APPENDIX A ACCOUNTABLE EXECUTIVE SELECTION FLOW CHART Is the organization a sole proprietorship? No Is the organization a partnership between individuals? Is the organization controlled by a Board of Directors? What Is the most senior position in the company? Yes —s Proprietor is Accountable Exexcutive Y135 —110 Yes Nominate a partner as accountable executive Confirm selection by responding to questions on Page 2. ir \\(roprietor is Accountable Executive Has the Board appointed a CEO or equivalent to manage the Organization's affairs? Confirm selection by responding to questions on Page 2. Nominated Partner Is Accountable Executive Chairman of the Board is the Accountable Executive [..... Accountable Executive Selection Process Reference Compliance Statement Yes --, Confirm selection by responding to questions on Page 2. CEO is the Accountable 'I Executive If a dear selection cannot be made, conauit TC for final decision. —No Who in the organization holds this position? Confirm selection by responding to questions on Page 2. Yes Identified Person is Accountable Executive APPENDIX B ACCOUNTABLE EXECUTIVE SELECTION QUESTION LIST Identify Person by Name Does this person have full authority for all human resource issues? Yes f Does this person have authority for major financial issues? Yes +' Does this person have direct responsibility for the conduct of the company's affairs? Yes If the organization holds multiple certificates (AOC /AMO) does this person have responsibility for all certificates held? Yes Does this person have final authority over all operations conducted under the certificates? Yes f Does this person have final responsibility for all safety issues? 0 Yes If any answer is NO then the selection process must start again using a different nominee, If the answers are all YES than that person Is the Accountable 5xecutive COMPLIANCE STATEMENT , Certificate Holder for , hereby appoint as Accountable Executive (name) (position title) (signature) accept the responsibilities of this position for for the following certificates: ❑ Flight Training Unit ❑ Approved Maintenance Organization MPS -163E (06/2005) (name on certificate) ❑ Manufacturer ❑ Air Operator Dean Iorfida From: Janice Wing <janice_wing @cogeco.ca> Sent: Monday, January 07, 2013 12:40 PM To: Wayne Thomson Fallview Account; bartmaves @niagarafalls.ca; Carolynn Ioannoni; Jim Diodati; Joyce Morocco; Victor Pietrangelo; Wayne Gates; Vince Kerrio Overlooking the Falls Account; Dean Iorfida; Ken Todd; ruedi @herutex.com Ruedi Suter Cc: Manager AC Len O'Connor Subject: impact of proposed changes to airport hierarchy Importance: High Airport Manager Len O'Connor has advised that, in accordance with his obligations to Transport Canada: " I have verbally informed Transport Canada as to the developments we have and will follow up with TC in writing if there are any changes to the hierarchy. " janice i Dean Iorfida From: Janice Wing <janice_wing @cogeco.ca> Sent: Monday, January 07, 2013 11:46 AM To: Wayne Thomson Fallview Account; bartmaves @niagarafalls.ca; Carolynn Ioannoni; Jim Diodati; Joyce Morocco; Victor Pietrangelo; Wayne Gates; Vince Kerrio Overlooking the Falls Account; Dean Iorfida; Ken Todd Cc: ruedi @herutex.com Ruedi Suter Subject: Fwd: [FWD: Council meeting Jan8, Airport Agreement] Importance: High PLEASE READ YOUR APPOINTEE RUEDI SUTER'S EMAIL AT BOTTOM. Dean, can you please include this in tomorrow's hand -outs as well? Thanks. janice Begin forwarded message: From: ruedi @herutex.com Date: January 7, 2013 10:55:46 AM EST To: David Schulz <dschulz @vaxxine.com >, Janice Wing <janice winq@cogeco.ca >, Len Connor < loconnorniagaradistrictairport .ca >, Robert White <rgw7245@gmail.com >, Gary Murphy <dxrgary @sympatico.ca >, Henry Zwolak <hzwolak @gmail.com> Subject: [FWD: Council meeting Jan8, Airport Agreement] Hi guys below is my contribution to tomorrow's Council meeting. Janice, please feel free to send it to all Council members! Hope that helps! Have to drive again now, will be back later this afternoon. But always available on 1- 704 - 775 -8022 Cheers, Ruedi Suter Phone CAN (1) 905 - 325 -8473 Phone USA (1) 704 -775 -8022 Skype HERUTEX ruedi @herutex.com www.herutex.com Original Message Subject: Council meeting Jan8, Airport Agreement From: < ruedi @herutex.com> Date: Mon, January 07, 2013 10:50 am To: "Janice Wing" <janice wingCa cogeco.ca> Re: "Updated Airport Funding Agreement "; By -law Good morning Janice Unfortunatley I won't be back from North Carolina until later this week but like to provide some more insights for your Council meeting tomorrow evening. First of all, I trust that our Council will not pass this By -law as presented as it would contradict the motion duly passed on November 27 2012. No new facts or arguments have evolved since our Council has decided to leave the Airport Liaison Committee (Mayors & CAOs) in an "advisory" role. Other than St. Catharines, our Council allowed for an open and fair debate and made an educated decision after hearing all the pros and cons. Niagara on the Lake Council voted on the same motion (ALC to give "advice ") on December 3rd but ended up in a tie -vote 3 -3, which meant it did not pass. However, if you count both NFLS and NOTL votes you have 11 Councillors in favour with only 4 Nays. What happened in St. Catharines on November 26 is nothing short of a scandal. Their Council was not allowed to debate the proposed changes, the motion to defer was defeated in a tie vote 6 -6 and they were not provided with a copy of the 9 page proposed "updated agreement ". Most importantly though, they voted on a CAO Report which claimed the existing agreement had expired, when in fact it only expires in 2026 and it did not even menion this highly controversial change of roles at all. In other words St. Catharines Council passed the proposed agreement without knowing what they voted for! Talk about educated decision making? I believe that the time has come to inform our Council about the true background of this exercise. As you and our Commision members and Airport Manager are well aware, the reason for this "update" is Mayor McMullan's interest in lobbying for a specific individual from Niagara on the Lake, a person who was evicted from the airport in 1992 and who was denied a land lease since 2005 by three consecutive Airport Commissions and three different Chairmen. Since early 2009, Mayor McMullan took it upon himself to promote this individual's interests, he used the Liaison Committee to advocate for this person's case against the Commission's decisions. In April 2012 he called for yet another ALC meeting for the sole purpose of allowing this person to "appeal" the Commissions standpoint. At that meeting, Mayor McMullan did no shy away from embarassing the Commission and Manager by calling us a "lynch mob ". If the ALC was allowed to "give direction ", the Commission would have received the direction to sign a 20 year lease with this individual a long time ago. Now let's remember that this ALC was supposed to be a Committee to "liaise" between Council and the Commission .. . The future funding and governance model of the airport does indeed require some serious considerations. After all, our Council has passed a resolution (endorsed by St. Catharines) in January 2008 (5 years ago) that the airport should be a Regional facility /responsibility. Regional Council has then administered the so called "Airport Study" in 2009 and based on the conclusions provided a $3.8 million funding contribution towards our infrastructure upgrades. Furthermore the Region just recently directed their staff (Public Works) to compile a report regarding the future governance options and the Region's role. This is a work now in progress. So, the proper and responsible thing for the funding Municipalities to do is to conduct a "Service Delivery Review" in conjunction with the Region's process of evaluating its own future role in the airport. I would be more than happy to assist in this serious and forward looking process to improving our airports viability but I will not be available to volunteer on a Commission directed by the ALC. In light of the exciting developments around the prospect of commercial passenger services, I would ask our Council to not support this controversial "quick -fix" but to help our airport becoming a great asset for the longterm future and for the benefit of the Niagara Region's tourism. 2 Please give my best wishes to our Council and Mayor Diodati! Regards, Ruedi Suter, Chair Niagara District Airport Commission Phone CAN (1) 905 - 325 -8473 Phone USA (1) 704 - 775 -8022 Skype HERUTEX ruedi(aherutex.com rsuter ©niagaradistrictairport.ca Dean Iorfida From: Janice Wing <janice_wing @cogeco.ca> Sent: Sunday, January 06, 2013 5:28 PM To: Wayne Thomson Fallview Account; bartmaves @niagarafalls.ca; Carolynn Ioannoni; Jim Diodati; Joyce Morocco; Victor Pietrangelo; Wayne Gates; Vince Kerrio Overlooking the Falls Account; Dean Iorfida; ruedi @herutex.com Ruedi Suter; Ken Todd Subject: regarding Jamie Slingerland's message in our agenda book Let's set the record straight: As a former Commissioner who served before my time, Slingerland was a part of the "private flyboys' club" I found when I arrived there in 2004. That's his characterization, not my own, but I do not dispute it. Times have changed, however, and the Commission too - greatly so (thank goodness). He make some preposterous claims: 1) This is NOT an effort by the municipalities to exert greater financial control. It is an effort by St. Catharines' Mayor MacMullan to exert greater control. Period. He is already attempting to micromanage the airport. The municipalities already have control. The proposed agreement seeks to water down that control by inserting an unaccountable, and only partially elected, body between the municipal councils and the Commission. The Commission members are completely aware (more aware, in fact, than a couple of the councils they serve) that they are answerable, under the current agreement, to those councils. The proposed agreement destroys that direct, clear -cut line of accountability by adding a third, murky layer of control by a body with no terms of reference and no defined line of accountability to anyone but themselves. 2) NOTL's CAO trotted out the same "emptying reserves" claim Slingerland uses, and convinced his Council to pass the proposed agreement by criticizing the Commission for having depleted its reserves. But get this: The NOTL CAO had been a part of the Airport Liaison Committee discussion, just a few weeks previously, at which the Commission Chairman was flatly told to spend another $100,000 out of those same reserves on providing the passenger security screening needed to implement scheduled services. The same people who call "depletion" out of one side of their mouths tell the Commission to keep spending those same reserves out of the other. They can't have it both ways: Which is it? 3) In the last few years, the Commission adopted a goal of becoming financially self - sustaining and began working toward it. Achieving that goal will relieve the burden on the municipal taxpayers whom have supported the airport operations for decades. It will also further increase the airport's economic benefits to the Niagara Region. 1 Slingerland had the opportunity to do this when he was part of the "private flyboys' club" I first encountered there, but didn't avail himself of it. Why not, if he's so concerned about the poor taxpayers' pockets? I will echo the one suggestion Slingerland makes with which I agree, because it is very important: "The citizens that volunteer their endless hours on the commission should be commended for their hard work, but must realize that they are appointed at the will of council and ultimately answerable to it particularly on financial issues." The citizens (whom should indeed be commended!) absolutely DO realize that. And they want to keep that relationship. That is precisely why we are resisting the efforts of a small group of would -be micro- managers to usurp the powers of the Councils via the proposed agreement. janice 2 Dean Iorfida From: Janice Wing <janice_wing @cogeco.ca> Sent: Saturday, January 05, 2013 12:47 PM To: Janice Wing Cc: Wayne Thomson Fallview Account; bartmaves @niagarafalls.ca; Carolynn Ioannoni; Jim Diodati; Joyce Morocco; Victor Pietrangelo; Wayne Gates; Vince Kerrio Overlooking the Falls Account; Dean Iorfida; ruedi @herutex.com Ruedi Suter; Ken Todd Subject: Re: Happy New Airport Year ... Here's a bit of input from one of my Commission colleagues, who is shaking his head now that he actually was blind enough to vote for McMullan in the last election: ... you should mention the calls from McMullen to Len [the Airport Manager] concerning sending him the Minutes of the previous Commission meeting, before they had been approved by the Commission as well as asking for copies of the RFP before it had been dealt with by the Commission and lets not forget the Mayor's calls to Greg and his subsequent resignation from the Commission. This should serve as a wake up call to your Council as to who will be calling the shots at the Airport, it won't be your council, CAO or Mayor it will be McMullen and Briggs. By passing that amendment your Council will be giving carte blanche to St Catharines to try and run the airport and who in St Catharines or for that matter any of the 3 municipalities has any knowledge on running an airport. On Jan 5, 2013, at 11:27 AM, Janice Wing wrote: Apparently Council isn't getting its email. I just received this error message: Delivery is delayed to these recipients or groups: council©niagarafalls.ca Subject: Re: Happy New Airport Year .. . This message hasn't been delivered yet. Delivery will continue to be attempted. The server will keep trying to deliver this message for the next 1 days, 19 hours and 52 minutes. You'll be notified if the message can't be delivered by that time. * ** Please see the important information which follows below.*** You likely haven't heard of the Airport Management Council of Ontario. Here is their website: http: / /www.amco.on.ca/ Their Executive Director recently contacted our Airport Manager to express concerns over the "changes to the airport hierarchy" proposed in the draft agreement which is coming back before us on Tuesday. There are serious problems here. If you are a great fan and follower of Brian McMullan, then I obviously will be able to say nothing to dissuade you from giving him what he wants. But you will do so at the airport's peril, just when the Tourism Partnership of Niagara and the Region are investing in furthering its economic role. Read on ... janice One more set of comments on this for today, Dean: The bylaw approved by St. Catharines and NOTL was based on a seriously misleading report by another municipality's CAO. The report was so misleading it even failed to mention the main issue - ie. to sweeping changes in the powers of the ALC. It also falsely stated that the current agreement had expired. St. Catharines' Council never even saw the agreement they approved. And it is being suggested we should follow this fine lead? Misleading information does not a better agreement make. Especially when a move is made for suspicious reasons. If Niagara Fall's Council has any reason to believe a sweeping change to the airport governance structure is needed, then let's do it properly: Our Council should ensure a proper service delivery review is completed before contemplating any changes. A joint municipal services board may not be the right model for the future. The airport is on the verge of getting commercial passenger services. The Region and the RTO (the Tourism Partnership of Niagara) are partnering on a study to that end. It is questionable whether the current form of governance will allow us to fully capitalize, going forward, on the investments that have been made to date. An alternate form of governance may be needed to maximize return on these investments. If we are so set on replacing an agreement which has not expired, then let's use it as an opportunity to replace it with something better. 2 I will remind you that our Council passed, in 2008, a resolution that the airport should be a Regional facility. (The St. Catharines Council subsequently backed our resolution.) It was noted at that time: "Unfortunately, the contributions of the three participating municipalities allow for no provisions for needed infrastructure renewal or development." That situation still stands. (Thankfully, the Federal, Provincial governments and region each invested $4 million recently to stave off the closure that would have otherwise been dictated by infrastructure failure.) That resolution still stands. Are we rushing to ignore it? Regional Council recently directed Regional staff to prepare a report on the future governance and ownership of the airport. The motion directed that "the Report contain information obtained from the funding partners, the operating agency, other relative sources and Regional staff." If we disagree with our Council's previous stand that the airport should be a Regional facility, then let's reconsider that 2008 motion. Otherwise, the responsible thing to do is to carry out a proper service delivery review in conjunction with the Region's governance review. The ability of the airport to serve the Niagara Region's economy depends on providing an optimal service delivery framework and the best possibly governance and funding model. The proposed "updated" agreement is flawed. It is not just the Manager and Commission who question the Niagara District Airport's compliance with Transport Canada's operating standards should the agreement, as passed by St. Catharines' (without seeing it) and NOTL's Councils, be adopted. I learned today that the Executive Director of the Airport Management Council of Ontario has gotten wind of what is going on here and has contacted our Manager to express concerns with the proposed "changes to the airport hierarchy." That is a red flag which should not be taken at all lightly. janice On Jan 4, 2013, at 3:36 PM, Janice Wing wrote: And why the rush? Especially when there is an agreement in place which is perfectly good until 2026? Now that we are aware of MP Dykstra's interest in discussing this matter with Mayor Diodati and Lord Mayor Eke, and his wish to include the current Commission Chairman in that meeting, surely we should indulge him, given that he was quite instrumental in helping secure the $12 million in rehabilitation/improvement funding. Does your memo address the lack of a TOR or accountability for the ALC? 3 Does it address the problem of a duplication of powers in the original draft of the agreement intended to replace that which is good until 2026? Does it ensure the continued operation of the airport by addressing the jeopardy of violating the Transport Canada Safety Management System requirements (by leaving it without an Accountable Executive as per Transport Canada's definition matrix), in which the agreement the other two municipalities approved would place the airport? Just because the other two municipalities have jumped over the proverbial falls, does that mean we have to follow suit? What happens if we don't? Nothing. The present agreement continues.' So, again, what's the rush? janice On Jan 4, 2013, at 3:06 PM, Dean Iorfida wrote: No. The other two municpal partners signed the agreement as originally drafted. From: Janice Wing [ mailto:janice_wing@cogeco.ca] Sent: Friday, January 04, 2013 02:57 PM Eastern Standard Time To: Dean Iorfida Cc: 'ruedi(aherutex.com' <ruedi @herutex.com >; Ken Todd Subject: Re: Happy New Airport Year .. . Thanks, Dean. And will the execution bylaw contain the change as per our Council's previous approval -- ie. keeping the ALC in its present advisory role as opposed to giving this body, which has no terms of reference or clear line of accountability, a directorship capacity (which could conflict with the same powers the Councils have already bestowed upon the Commission)? On Jan 4, 2013, at 2:37 PM, Dean Iorfida wrote: Hi Janice: In light of St. Kitts and N -O -T -L having signed the original agreement, the execution by -law, which had been pulled, is coming back to Council for approval. I prepared a memo to Council. Thanks Dean From: Janice Wing [mailto:janice_wing©cogeco.ca] Sent: Friday, January 04, 2013 02:02 PM Eastern Standard Time To: Dean Iorfida Cc: Chairman AC Ruedi Suter <ruedi©herutex.com> 4 Subject: Fwd: Happy New Airport Year .. . Hi Dean, Happy New Year! Can you please advise if anything related to the Niagara District Airport will be on next Tuesday's agenda? Thanks! janice Begin forwarded message: From: ruedi@herutex.com Date: January 3, 2013 8:33:33 PM EST To: Janice Wing <janice wing a(�cogeco.ca> Subject: Happy New Airport Year .. Hi Janice hope you had a good start into 2013! I was wondering if you had already received an agenda for next Tuesdays Council meeting? Nothing is posted yet on the website. Rick Dykstra (Dave Schultz) wanted to arrange for a meeting with Jim, Dave Eke and me before next Tuesday's Council. Problem is I have to leave for North Carolina on Sunday (for a week) and I don't think a meeting is necessary (at this time) unless NFLS plans to reconsider the Airport Agreement and has it on the agneda for next Tuesday. Can you find out more about the agenda? Thanks a lot!!!! Cheers, Ruedi Suter Phone CAN (1) 905 -325 -8473 Phone USA (1) 704 - 775 -8022 Skype HERUTEX ruedi©herutex.com www.herutex.com 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 5 wINw-.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 6 Niagara District Airport Commission Minutes November 15, 2012 Present: Ruedi Suter, Chairman Bob White, Secretary- Treasurer Gary Murphy Janice Wing Terry Flynn Rich Lancaster Ernie Amadio Greg Washuta Absent: Henry Zwolak Staff: Len O'Connor, Airport Manager Patti Gamble, Airport Administrator 1. CaII to Order The chairman called the meeting to order at 07:11 2. Confirmation of a quorum Quorum confirmed. 3. Adoption of Agenda Moved by Janice Wing, seconded by Rich Lancaster, that the agenda as amended be adopted. 12.6 Town of NotL Official Plan 12.7 Communications 12.8 National Helicopters Fuelling Operations Motion carried 4. Conflicts of Interest None 5. Special Presentations None 6. Chair's Remarks and Correspondence The Chairman and the Manager participated at a Tourism Partnership Niagara Stakeholder event held on November 6, 2012. The Chairman reported that an Airport Liaison Committee meeting was held on November 8, 2012. A full -scale emergency response exercise was held at the Niagara District Airport on November 10, 2012. G121115 1 7. Minutes of Previous Meeting 7.1 Moved by Terry Flynn, seconded by Janice Wing that the minutes of the meeting held on Thursday, October 18, 2012 be adopted. Carried 7.2 Business Arising 7.2.1 Deficiency List Rob MacKenzie of Quartek will speak to the Commission at the December meeting regarding the problem with the terminal building doors staying open. 8. Financial 8.1 Cash Flow Projection The November Cash Flow Projection was presented by the manager and reviewed. 8.2 Draft Operating and Capital Budget Moved by Terry Flynn, seconded by Greg Washuta that the 2013 Operating and Capital Budget along with the 5 -year Capital Projection be submitted to the three supporting municipalities. 8.3 2011 Auditor's Management Letter The manager presented the Auditor's Management Letter from the 2011 audit. Action Item: The manager will send of copy of his response to the auditor. 9. Manager's Report The manager reported that NDA is still waiting for approval from Transport Canada for Phase 4 Safety Management Systems. The Full Scale Emergency Response exercise involving all emergency services took place on November 10, 2012. The event simulated 2 small planes colliding on Runway 24. The exercise proved to be a valuable exercise in testing the Emergency Response Plan for CYSN. A few more trees on the approach to runway 19 need to come down. Moved by Rich Lancaster, seconded by Bob White to accept the Manager's Report. Motion carried. 10. Airport Development Committee Nothing to report 11. Unfinished Business G121115 2 None 12. New Business 12.1 AGM The Annual General Meeting will be held on Wednesday, February 27, 2013 in the Terminal Building at 7:00 p.m. 12.2 Changes to Municipal Agreement Changes to the Municipal Agreement proposed by the Airport Liaison Committee will be brought before Niagara -on- the -Lake council on November 19th, St. Catharines council on November 26`h and Niagara Falls Council on November 27th 12.3 By -Law Amendment Moved by Bob White, seconded by Terry Flynn to amend as follows paragraph 16 of the Niagara District Airport Commission By -Law No. One to separate the office of the Secretary- Treasurer to comply with paragraph 8 of the Municipal Agreement which sets down the Secretary and Treasurer as two distinct offices. The current Secretary- Treasurer will remain as Treasurer and a secretary will be elected. The Commission shall elect at its annual meeting the following officers: a) Chairperson b) Vice - chairperson c) Secretary d) Treasurer e) Such other officers as may be required by the Commission Motion carried unanimously. 12.4 Appointment of Officer Moved by Terry Flynn, seconded by Bob White to appoint Gary Murphy as the Secretary. Motion carried 12.5 RFP for Lot 13 Moved by Janice Wing, seconded by Ernie Amadio to change the date for the Selection or Optional Short list from November 15, 2012 to December 20, 2012. Motion carried. Action Item: A meeting of the Airport Development Committee will be scheduled toward the end of next week. 12.6 Official Plan The Town of Niagara -on- the -Lake is going through an Official Plan revision and hope to hold a public meeting in February. Action Item: Arrange a meeting with Leah Wallace, Senior Planner, NotL at the airport regarding the changes. 12.7 Communications The first newsletter has been released and is posted on the airport web site. Janice Wing is looking for content for the airport's Facebook page. She reported that most visitors to the page are interested in pictures of jets. G121115 3 12.7 National Helicopters Fuelling Operations The manager reported that National Helicopters brought in their own truck for fuelling their helicopters this morning without any notification to airport management. The truck is currently parked on property leased by Pangea Holding (Ron Cobban). The manager contacted Dan Munro, owner of National Helicopters to let him know that he can't just bring in a fuel truck and start fuelling his helicopters. The manager informed Mr. Munro that he would have to provide all documentation as per the CSA Standard B836 -05 Storage, handling, and dispensing of aviation fuels at aerodromes to be in compliance with the Standard. The manager told Mr. Munro to cease all fuelling operations until he could show that his company is in compliance. Moved by Ernie Amadio, seconded by Terry Flynn to support the manager in his efforts to ensure that all safety and regulatory requirements are met before National Helicopters commences fuelling operations. 13. Closed Session Moved by Janice Wing, seconded by Terry Flynn at 10:01 p.m., that: Whereas all meetings of the NDAC are open to the public; and Whereas the only time a meeting or part of a meeting may be closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. Therefore be it resolved that, on November 15, 2012 the Niagara District Airport Commission will go into a closed meeting to consider Employee Evaluations under s. 239(2)(d) of the Municipal Act, 2001 — Labour Relations. Carried 13.1 Moved by Janice Wing, seconded by Ernie Amadio to rise without report at 10:28 14. Moved by Gary Murphy, seconded by Bob White to adjourn at 10:30 p.m. Carried Prepared by: Patti Gamble G121115 4 Present: Niagara District Airport Commission Minutes Special Meeting December 4, 2012 Ruedi Suter, Chairman Henry Zwolak, Vice - chairman Bob White, Treasurer Gary Murphy, Secretary Janice Wing Terry Flynn Rich Lancaster Ernie Amadio Staff: Len O'Connor, Airport Manager Patti Gamble, Airport Administrator 1. Call to Order The chairman called the meeting to order at 07:07 2. Confirmation of a quorum Quorum confirmed. 3. Adoption of Agenda Moved by Janice Wing, seconded by Gary Murphy, that the agenda be adopted. Motion carried 4. Conflicts of Interest None 5. Proposed changes to Municipal Agreement The proposed changes to the Municipal Agreement were reviewed. The chairman suggested that the Commission be co- operative and provide constructive comments. Moved by Ernie Amadio, seconded by Gary Murphy that: The Niagara District Airport Commission (NDAC) express its views in the minutes as follows and communicate its position to all three funding municipalities: The NDAC feels that the proposed new Municipal Funding Agreement (FA) is problematic and unworkable because if the Commission is to carry out its mandate and operate the airport as a viable commercial business it must have the ability to act with agility in making business decisions quickly as required like any other business corporation operating as a Board of Directors. Therefore the proposed FA should be changed so that the Airport Liaison Committee (ALC) continues to act as an advisory committee without the mandate to give "direction" to the G121115 1 Commission but rather to provide "advice" to the Commission as may be required from time to time. We are concerned that the proposed new FA does not provide for any accountability by the ALC to their three respective Municipal Councils or to anyone else. Moreover the proposed new FA is in conflict with the Commission members' appointment terms of reference. The Commission strongly supports the wise decision and resolution adopted by the Niagara Falls City Council that represents a responsible manner of dealing with the delegation of powers and duties. Furthermore the proposed limit for budget changes of $25,000 (originally $50,000) in our opinion should be increased to at least $40,000 recognizing that the airport business is a 24 -7, 365 day operation utilizing many pieces of equipment. We recommend that the word "deficit" in paragraph 6 be removed. Carried unanimously 8:52 — Terry Flynn and Rich Lancaster left the meeting. Moved by Janice Wing, seconded by Ernie Amadio that the document "The Hangar Purchase Myth" prepared by Ruedi Suter be accepted as the official explanation of the hangar acquisition. Carried Moved by Janice Wing, seconded by Ernie Amadio that respecting the significant investment by federal government in the recent airport retrofitting and expansion and the airport's relationship with the federal Ministry of Transportation, the Commission will seek the advice and support of MP Rick Dykstra in ensuring that any change in the agreement between the three municipalities maintains the Commission's ability to operate the airport as an efficient and growing business entity. Carried The Chairman informed the Commission of Greg Washuta's decision to resign from the Commission. Moved by Janice Wing, seconded by Bob White that the Commission deeply regrets Greg Washuta's decision to resign, does not accept his resignation and encourages him to reconsider. Carried. 6. Budget Moved by Bob White, seconded by Gary Murphy to submit the 2013 budget with additional revenues and $100,000 for security screening. G121115 2 7. Closed Session Moved by Janice Wing, seconded by Gary Murphy at 9:58 p.m., that: Whereas all meetings of the NDAC are open to the public; and Whereas the only time a meeting or part of a meeting may be closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. Therefore be it resolved that, on November 15, 2012 the Niagara District Airport Commission will go into a closed meeting to consider the Ombudsan's Report under s. 239(2)(f) of the Municipal Act, 2001— Advice that is subject to solicitor - client privilege, including communications necessary for that purpose. Carried Moved by Janice Wing, seconded by Ernie Amadio to rise without report at 10:27 Carried Moved by Gary Murphy, seconded by Ernie Amadio to adjourn at 10:29p.m. Prepared by: Patti Gamble G121115 3 Dean Iorfida To: Bob Bolibruck Cc: Alex Herlovitch; Ken Beaman; Todd Harrison Subject: PBD- 2013 -01, 4480 Bridge, Applicant: Joedy Burdett Mr. Burdett has requested deferral of the report pertaining to his property slated for this evening. He just became aware of the report and hasn't had time to prepare a response. He is leaving for an extended vacation and will contact Bob in the spring upon his return. Thanks Dean Dean lorfida, City Clerk Niagara Falls 905 - 356 -7521, ext. 4271 905 - 356 -9083 (Fax) 1 Planning, Building & Development Department Inter - Department Memorandum TO: Dean Iorfida City Clerk FROM: Alex Herlovitch Director of Planning, Building & Development Ext. 4231 RE: Ground Mounted Solar Panel Proposal Lot 199, Corner of Garner and Brown Road Applicant: 797045 Ontario Limited Contractor: Umbrella Energy of Niagara DATE: January 8, 2013 In view of the January 18, 2013 deadline for the FIT (Feed in Tariff) submissions for alternative energy projects and a request received earlier today regarding a Ground Mounted Solar Panel Proposal you may wish to have the following request considered in tandem with the Council Support requests under PBD- 2013 -08 which is on tonight's agenda. Please note however, that this proposal differs than those considered under PBD - 2013 -08 in that it a Class 3 Ground Mounted Solar Project which, unlike the microfit rooftop proposals considered in that report, will require a Renewable Energy Approval (REA) from the Ministry of the Environment. Like the roof -top mounted projects, the Ontario Power Authority (OPA) has issued a Feed in Tariff (FIT) Program to purchase power at guaranteed rates over 20 years from wind, solar Photovoltaic (PV) panels and bio- energy facilities. Applications for the FIT Program are rated and priority points can be obtained by an applicant by obtaining Municipal Council support. The proposed project is a ground mounted solar project which will occupy no more than 3 acres of the 50 acres property on which it is proposed (see Appendix A). The property, and the adjacent lands, are both designated in the Official Plan and zoned for Industrial Use. The recently approved Garner South Secondary Plan designates the lands as Employment Lands and is within the 2 km buffer from Cytec Industries. In general, the location of the solar panels can be supported. Although renewable energy projects are not subject to the City's Planning documents, the Renewable Energy Approval process will apply rules regarding setbacks from residential or other sensitive receptors, or environmental features consistently across the Province. The REA process will require an applicant to discuss the project with the public and Municipality and to prepare studies regarding impacts and mitigation and on how the project will be built and decommissioned. Municipal building permits will be required. Working Together to Serve Our Community -2- A resolution can be supported for the proposed ground mounted, 500kW solar project for the purpose of enabling the applicant to received priority points under the FIT program only. It is Staff's understanding that further consultation with the Municipality will take place through the Renewable Energy Approval process. FB:gd Attachments: Appendix 1 - Location Map Schedule 1 - FIT Resolution S:AUTILITIE \SOLAR PANELS \Garner and Brown \Council Memo.wpd APPENDIX 1 LOCATION MAP 443 r s$ SCHEDULE 1 ONTARIO !0 POWER AUTHORITY PRESCRIBED FORM/TEMPLATE: MUNICIPAL COUNCIL SUPPORT RESOLUTION Section 6.1(d)(i) of the FIT Rules, Version 2.1 120 Adetaide Street West, Suite 1600 Toronto, Ontano M5H 1 71 7 416- 967 -7474 F 415-967,1947 w w.powerauthonh /,an.ca 017,-1 Capitalized terms not defined herein have the meanings ascribed thereto in the FIT Rules, Version 2.1. Resolution NO: Date: January 7, 2013 WHEREAS 797045 Ontario Limited (the "Applicant ") proposes to construct and operate a Non - Rooftop Solar (the "Project ") on Lot 199 - Corner of Garner and Brown Road (the "Lands ") in The City of Niagara Falls under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of The City of Niagara Falls indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT Rules "), Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points, which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: Council of the City of Niagara Falls supports the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. (Note: signature lines for councillors or other representatives, as appropriate.) FIT reference number: Registration #: FIT-XXIER (Note: Must be inserted by Applicant to complete Application) Dec, 2012 Page 1 of 1