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2017/02/14 igita I'1,44ffaII vYG=.l 'P"iIPY N14Gp� The City of Niagara Falls, Ontario Resolution Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is 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 February 24, 2017 at 4:30 p.m., Niagara Falls City Council will go into a closed meeting, prior to their regularly scheduled meeting at 5:00 p.m., to consider a matters that fall under s. 239(2)(c), a proposed disposition of land pertaining to River Lane, and s. 239(2)(f) advice that is subject to solicitor-client privilege related to 4239 Huron Street. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR h c, F ==.,...k.,,.i,,114\ ie..c...;.' Afti. 4r y f :. : T11_ mss'= '* ... x 4? s. / COUNCIL MEETING Tuesday, February 14, 2017 Order of Business and Agenda Package Niagaraaalls COUNCIL MEETING February 14, 2017 0 Canada to be sung by Emma Bishop ADOPTION OF MINUTES: Council Minutes of January 24, 2017 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PROPERTY MATTERS 5:00 P.M. Mayor Diodati will request whether there is anyone present that has an interest respecting the following property matters. L-2017-02 Permanently Close and Declare Surplus Part of River Lane Our File No. 2016-133 RATIFICATION OF "IN CAMERA' MATTERS * * * * * BUDGET MATTERS The Director of Finance will make presentations regarding the Capital, Operating and Traffic budgets. * * * * * 1 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. BDD-2017-01 — Foreign Investor Paid Business Missions BDD-2017-02 - 2018 Ontario Small Urban Municipalities (OSUM) Conference CD-2017-01 — Ranked Ballots MW-2017-02 — Front Street Dock Association License Agreement Renewal R&C-2017-05 — MYAC Teen Mental Wellness Project * * * * * MAYOR'S REPORTS, ANNOUNCEMENTS * * * * * COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Regional Municipality of Niagara/ City of St. Catharines — communications regarding Double Direct representation. RECOMMENDATION: That Council approve the motion recommended by staff opposing Double Direct representation. 2. Fire Department— a copy of the Department's annual report. RECOMMENDATION: For the Information of Council 3. Mayor's Youth Advisory Committee — requesting 50 cent rides on Niagara Falls Transit for March Break. RECOMMENDATION: For the Consideration of Council. 2 4. Autism Ontario — requesting a flag raising on April 3, 2017 and proclaiming of April 2, 2017 as "Autism Awareness Day". RECOMMENDATION: For the Approval of Council. 5. Conseil Scolaire Viamonde School Board — requesting the Franco-Ontarian flag be raised on September 23, 2017. RECOMMENDATION: For the Approval of Council. 6. Fresh Air Fund — requesting that March 20, 2017 be proclaimed as "Fresh Air Fund day". RECOMMENDATION: For the Approval of Council. 7. District School Board of Niagara — requesting a contribution of$500,000 toward their artificial turf fields. RECOMMENDATION: Refer to Staff Additional items for Council's Consideration: The City Clerk will advise of any items for council consideration. RESOLUTIONS THEREFORE BE IT RESOLVED that Niagara Falls City Council considers Livestock, and related fundraisers, as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. * * * * * DEPUTATIONS/ PRESENTATIONS 7:00 P.M. Outstanding Achievement Julianne Miszk will be recognized for her inspiration and outstanding achievements in cross-country. Komedy for Kidneys Dino Fazio, Founder& Co-Manager, Komedy for Kidneys,will inform Council of this year's event. Women's Place Amanda Braet, Development Director, will request use of the Gale centre for the annual Women's Place Book Riot 3 Heritage Week Town Crier, Patrick Siriani, will do a 'cry' to proclaim February 20 -26, 2017 as "Heritage Week" and also to give a few brief words about the upcoming Heritage Event, "A Tale of 3 Cities". * * * * * BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2017-15 A by-law to appoint the Official Town Crier for the City of Niagara Falls. 2017-16 A by-law to provide for the adoption of Amendment No. 122 to the City of Niagara Falls Official Plan (AM-2016-015). 2017-17 A by-law to amend By-law Nos. 79-200 and 2010-133, to add a six storey, 150 unit retirement home as a permitted use on the Lands, subject to the removal of a holding (H) symbol (AM-2016-015). 2017-18 A by-law to establish Parts 2, 3, 6 and 7 on Registered Plan 59R-7977 as a public highway to be known as, and to form part of, Charnwood Avenue. 2017-19 A by-law to establish certain lands as a public highway to be known as, and to form part of, Huggins Street. 2017-20 A by-law to hereby authorize the execution of an Ontario Transfer Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Tourism, Culture and Sport for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") related to funding through the Ontario 150 Partnership Program to implement a teen mental wellness project. 2017-21 A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, through highways, stop signs at intersections) 2017-22 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2017-23 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14th day of February, 2017. * * * * * NEW BUSINESS 4 February 14 Emma Bishop Emma Bishop is a vibrant and accomplished grade 6 student at Prince Philip French immersion School in Niagara Falls. Her passion for the arts along with her bubbly outgoing personality is evident in the many activities she is involved with. Under the direction of Sandra Mason and Fran Saxby, Emma began singing and playing the piano at age 6. Already at her young age she has received many awards at music festivals and vocal exams. Emma's energy and love of fun continues into other activities such as dance lessons, playing soccer, the school chess club, and singing with her school choir. She also enjoys spending some quiet time with friends and family, playing board games and relaxing at the cottage. Emma's flare for drama and the arts can be seen on the stage in the past playing Jane Banks in Mary Poppins (Linus Hand Productions) and most recently as the Young Fiona in Shrek at the Scotia Bank Centre (Linus Hand Productions). L-2017-02 Niagaraaalls February 14, 2017 CANADA REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Legal Services SUBJECT: L-2017-02 Permanently Close and Declare Surplus Part of River Lane Our File No. 2016-133 RECOMMENDATION 1. In the event that Council determines that it is in the public interest to do so, that part of River Lane, lying between Philip Street and John Street, designated as Part 1 on the draft Reference Plan attached to this Report as Attachment "1", be permanently closed and declared surplus to the City's needs. 2. That the Mayor and Clerk and City Solicitor, be authorized to take whatever steps and sign whatever documents are required to carry out Recommendation 1 above. EXECUTIVE SUMMARY Description: Part of Lane, Plan 294, Town of Niagara Falls Lying Between Philip Street and John Street, being part of PIN 64342-0337 (LT) of the Land Registry Office of the Land Registry Division of Niagara South (No. 59). Total Area: 845.4 sq. m. Zoning: R2, R5E and P Type of Property: Laneway Location: Lying between Philip Street and John Street Appraised Value: $11,400.00 Offered Price: $12,000.00 Special Considerations: There is one abutting owner who has an encroachment upon the subject lands. 2 L-2017-02 February 14, 2017 The City has received a request from the owner of all but one of the properties abutting the subject lands, to purchase the subject lands in order to construct a residential development. Prior to any conveyance, the subject lands must be permanently closed and declared surplus to the City's needs. BACKGROUND The proposal to permanently close, declare the subject lands surplus and convey has been circulated to various City departments. Municipal Works has recommended that the City retain an easement over the subject lands in the event that the existing infrastructure is not removed. The proposal has also been circulated to local utility companies for comments. Hydro One has confirmed that it has no objection to the conveyance. Niagara Peninsula Energy has advised that they currently have distribution equipment on the subject lands, specifically 4 wood poles, which may be removed in the event that the City no longer requires lights on the subject property. Enbridge Gas Distribution has confirmed that it has a gas main located within the subject lands and will therefore require a permanent easement with the City prior to any conveyance taking place. Bell Canada has advised that based on the proposed plans for development on the lands, they will have no need to retain the cable/pedestals on the subject lands and staff will endeavour to have Bell remove their equipment from the subject lands prior to closing. Staff commissioned an appraisal of the subject lands from Ronald C. Ellens Appraisals Inc. who provided an estimated hypothetical value of$11,400.00 on August 31, 2016. Public notice of the permanent closure, declaration of surplus and sale of the subject lands was given in the February 2, 2017 issue of the Niagara Falls Review in accordance with the City's By-law No. 2003-02. At the time that this proposal was first put to Staff, the proponent intended to acquire all of the properties abutting the subject lands and this proposal was put to Council. However, at this time, the proponent has not been able to purchase 4434 Philip Street. The owner of 4434 Philip Street has enclosed a part of the subject lands with a fence. The enclosed area is illustrated in yellow on Attachment 1. The proponent has advised Staff that the owner of 4434 Philip Street is supportive of the proponent's project however, Staff are not so certain of the owner's support following a telephone conversation with that owner. The owner of 4434 Philip Street has been notified by telephone, e-mail and regular mail about tonight's public meeting. 3 L-2017-02 February 14, 2017 ANALYSIS/RATIONALE The subject lands can be combined with the abutting lands to create a much larger parcel allowing for the construction of a residential development, thereby providing housing and increasing the tax base. In the event that Council is concerned about the interests of the owner of 4434 Philip Street, the Mayor and Clerk can be instructed not to execute the by-law closing and declaring the lane surplus until such time as arrangements satisfactory to the City have been made with the owner of 4434 Philip Street. The Chief Administrative Officer would be the City's delegate to determine the City's satisfaction with whatever arrangements are made. FINANCIAL IMPLICATIONS Disposing of the subject lands will relieve the City of all maintenance costs, i.e. plowing, etc., together with any potential liability, while increasing the tax base as a result of the residential development. CITY'S STRATEGIC COMMITMENT The proposed transaction is in keeping with Council's commitment to customer service excellence, organizational efficiency and effectiveness, and the creation of a well- planned City. ATTACHMENT Attachment "1" Draft Reference Plan Recommended by: ' Ken Beaman, City Solicitor Respectfully submitted: K n Todd, Chief Administrative Officer KB Attachment • a $' . 5b w� 1 1Ps a n• = sa. E 3 g�� ;11i111:1 j a... a �� ¢ i a@ a r 4d5 geg 3 33 9 x W •i!,0Tifi a �'-`� R6 R4 ge 0' S :tt K y a " G �y4ll.. 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',y"- / g ,/ , /; / F i ,y I Q . § , 2F 9 ilti S - BDD-2017-001 Niagaraaalls February 14, 2017 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Business Development SUBJECT: BDD-2017-001 Foreign Investor Paid Business Missions RECOMMENDATION Council deal with investor funded trips for Mayor and Senior staff on a case by case basis. EXECUTIVE SUMMARY Council requested staff to investigate and report back on how municipalities approach foreign investor's requested and paid for business missions. Staff contacted the Ministry of Municipal Affairs and Housing for their input. Ministry staff stated quite emphatically that they have no official position on the matter and that it was up to each municipality to choose whether private or public funds were to be used. The Ministry staff did stress, regardless of the decision made, members of the municipality going on the mission should ensure that there is no conflict of interest. The Ministry staff stated they saw merits of both public and privately funded business trips. Staff contacted a number of municipalities of various sizes from across the country to learn if they privately funded business trips or paid with public funds. The results varied with both options being taken. BACKGROUND Staff was recently invited to Romania by a private sector investment/development group who were confidentially exploring various jurisdictions in Ontario and Eastern United States as a location for their project. The proponents spent a couple of days in Niagara Falls investigating possible sites and gaining a better understanding of the market logistics. During their visit they met with the Mayor and Senior staff. From their initial due diligence, the proponent felt strongly Niagara Falls could be a good location for their project. The group requested that the Mayor and Senior staff come to Romania at their expense to get a better appreciation of the size and scope of the project being contemplated. The 2 BDD-2017-001 February 14, 2017 proponents asked for confidentiality during their due diligence period. The Mayor, CAO, and Director of Business Development travelled to Romania on Thanksgiving Day, spent 2 days with proponents and obtained more detailed information on their development. Over the past 6 years, the Mayor and Senior staff have travelled on similar business missions twice to China and each to India and Dubai at the investors/developer request with expenses being covered by the investment group. With the previous trips, the Mayor informed Council of the invitation and offer to cover expenses for the business mission. Unfortunately in the case of the Romania trip, the request was extended unexpectedly while the Mayor was away on holidays and he wasn't able to inform Council in advance. It is important to note that when dealing with foreign investment and development groups it is part of their business culture to have the Mayor and Senior staff of the municipality visit their operations in their respective country to get a better appreciation of their capabilities and view first-hand the developments they have completed. It also illustrates to them the municipality is interested in their investment opportunity and not indifferent to it. Staff reached out to a number of municipalities of varying sizes from across the county to ascertain how they approached investor funded trips. The table below provides an overview of the responses received. Funding Method for Foreign Trips by Different Municipalities in Canada City Population Funding Method Notes Surrey, BC 508,400 "Primarily" The practice is the private sector will pay Developer Funded when City officials are invited to attend a business mission. Vancouver, BC 603,500 Private If the Mayor is asked to go on a business trip, it is not publicly funded. Calgary, AB 1.097 M Private If the Mayor is asked to visit at the request of a private developer, the developer would pay. Chatham-Kent 103,700 Public Mayor has a budget for trips, conferences, global and business development, and any trade trip. St. Catharines 131,990 Public The Economic Development Department has funding in place for business trips when they occur. Lincoln 22,490 Public The municipality would most likely pay. London 366,200 Public/Private Business trips have been both privately and publicly funded. Kingston 123,400 Public Publicly funded. Kitchener 219,200 Public Economic Development Department for Region of Waterloo pays for trip. 3 BDD-2017-001 February 14, 2017 Mississauga 713,400 Private Mayor took a number of trips and was privately funded when at request of developer. Windsor 210,900 Public Mayor's budgets for foreign business trips. Unsure if this is true where the investors invite the Mayor. ANALYSIS/RATIONALE The survey of municipalities illustrates that each community treats investor funded business trips differently with some utilizing public funds while others have private entities cover their expenses. Council may wish to consider privately funded investor/developer invitations to the Mayor and Senior staff on a case by case basis. As in the past, staff should be selective in their approach ensuring the project is viable with a strong possibility of execution. In addition, Council may wish to establish a budget for business missions in situations where they feel the circumstances dictate it would be better for the municipality to cover the expenses. The funds for these trips would be taken from the Business Development Operating Budget. CITY'S STRATEGIC COMMITMENT Economic vitality. LIST OF ATTACHMENTS Recommended by: Serge Felicetti, Director of Business Development Respectfully submitted: I Ken Todd, Chief Administrative Officer SF:lb BDD-2017-002 Niagaraaalls February 14, 2017 CANADA REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Business Development SUBJECT: BDD-2017-002 2018 Ontario Small Urban Municipalities (OSUM) Conference RECOMMENDATION That Councillor Morocco, and any other Council Member interested, be approved to attend this year's OSUM conference. EXECUTIVE SUMMARY In April 2015, Council agreed to host the 2018 OSUM Conference in Niagara Falls. OSUM (Ontario Small Urban Municipalities) is the small urban municipal voice of the Province. OSUM is an integral part of the association of Municipalities of Ontario. OSUM ensures that matters which affect small urban communities are brought to the attention of the Provincial and Federal government. The conference will take place May 1-4, 2018 at the Sheraton on the Falls Hotel. It is estimated approximately 250-300 delegates will be attending. BACKGROUND Council as host for the 2018 OSUM Conference will be responsible for the following conference costs: • all financial revenue and payment administration • secure the host hotel, food and beverage, entertainment, companion program coordination • trade show • host first evening Executive Dinner with OSUM Board members • coordinate golf tournament • design and distribute 2018 conference event marketing, registration, agendas • attend 2017 Collingwood Conference Trade Show to promote 2018 Conference. Councillor Morocco has volunteered to attend this year's conference in Collingwood in May to promote the 2018 Conference. 2 BDD-2017-002 February 14, 2017 ANALYSIS/RATIONALE The municipality is responsible for all conference host related expenses but will retain 100% of the registration fees to help offset costs. It is estimated the total expense will be approximately $120,000. CITY'S STRATEGIC COMMITMENT Economic vitality. LIST OF ATTACHMENTS Recommended by: Ser Felicetti, Director of Business Development r Respectfully submitted: Ken l odd, Chief Administrative Officer SF:lb Attach. CD-2017-01 NiagaraFalls February 14, 2017 CANADA REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD-2017-01 Ranked Ballots RECOMMENDATION That Niagara Falls City Council not consider ranked ballots for the 2018 Municipal Election. EXECUTIVE SUMMARY Amendments to the Municipal Elections Act introduced in 2016 allow the option of a ranked ballot for the 2018 municipal election. To allow for ranked balloting, the municipality must hold a public open house, have a public meeting at Council and give appropriate notice prior to passing a related by-law by May 1, 2017. Ranked balloting is a shift away from the traditional first past the post system of electing candidates. Both systems have perceived pros and cons. Although an in-depth internal analysis has yet to be completed, it is anticipated that election costs would, at least initially, increase with the introduction of a ranked ballot system. No Ontario municipality has yet to commit to conducting their 2016 election using a ranked ballot system, though a couple of municipalities are holding public information sessions. BACKGROUND In 2015, City Council received a report for information on various governance issues (cf. CD-2015-09, Governance Issues). One of the issues highlighted in the report was the possibility of ranked balloting for municipal elections, instead of the traditional "first past the post" system of electing representatives. Since the time of the 2015 report, the Province has passed legislation amending the Municipal Elections Act and approving the related regulation that allows municipal councils the option of passing a by-law to use ranked ballots starting in the 2018 municipal election, subject to the public consultation requirements set out in regulation. 2 CD-2017-01 February 14, 2017 ANALYSIS/RATIONALE CD-2015-09 outlined the arguments for and against the ranked ballot system. The report is attached as a reminder and some external articles, pro and con, have also been included for Council's information. Municipal elections in Ontario have been conducted under the "first past the post" system, in which the candidate with the most votes is the winner or, in the case, of our Council races, the top eight (8) vote getters for City Council and top three (3) vote getters for Regional Council, are elected based on the seats available. In ranked ballot system, voters rank their preference of candidates and the winning candidate must receive the majority of the votes. The simplest of the ranked ballot methods has ballots for candidates with the fewest votes redistributed to the other candidates based on the voter's rankings. For example, in a Mayor's race with three candidates, in which none have more than 50% of first-place votes from the electorate, the second-place preferences of the candidate with the fewest first-place votes are distributed until one of the two remaining candidates achieves +50% preference from the electorate. A candidate with the most first place votes may not win the seat, unlike in the first past the post system. A more complex method of ranked balloting is necessary for races with multiple seats. In such cases, initially, surplus votes are taken from any candidate that exceeds the threshold to be elected and redistributes the surplus to the second place choice. This leads to "partial votes" being added and the last place candidates being eliminated until the required number of remaining candidates meet the threshold for winning the election. With eight (8) at-large Council positions to be filled, some thought would have to be given to how many candidates get ranked and what are the appropriate threshold levels. The electorate would not necessarily be asked to rank their preference from one to eight, which would arguably give the local electorate less choice when choosing their Council representatives. Examples of both methods, prepared by the Ministry of Municipal Affairs, are attached for Council's information. Also, a very good visual depiction of a ranked ballot system can be found on YouTube by searching ranked vote and City of Minneapolis. Interestingly, in the first election in which Minneapolis used ranked balloting it took eighteen (18) days for all of the races to be counted and winners declared, granted, that election used traditional hand-counting. A subsequent election with tabulators saw fourteen (14) of twenty-two (22) races declared election night, with the remainder decided after three (3) days of redistributing votes. 3 CD-2017-01 February 14, 2017 This report is being brought forward based on the timing stipulated under the Ont. Regulation 310/16. If Council were to consider ranked balloting, at least one (1) public open house would be required, in which the electorate can gather information and ask questions. Subsequently, a public meeting would be held at Council and specific notice provisions would have to be followed, with the deadline for passing the requisite by-law of May 1, 2017. To date, none of Ontario's 444 municipalities has given indication that they will be instituting ranked balloting for 2018. Toronto City Council, which previously, expressed support of the system, has subsequently cooled to the idea. Only two municipalities, to date, have scheduled public information sessions (Newmarket and Ajax). Last week, the Federal government cancelled plans to look at electoral reform, therefore, the next Federal election will follow the traditional, first past the post system. It should be noted that not all races will be subject to ranked balloting. School board races will continue to be elected by first past the post. The direct election of Regional Chair would only occur via ranked balloting if the upper-tier and all lower-tier consent to ranked balloting, which would be a difficult threshold to achieve. If a municipality were to consider ranked balloting, all other races (Mayor, City Council, Regional Council) would have to use the same method (i.e., you cannot elect the Mayor by ranked balloting and councillors by first past the post, or vice versa). Ultimately, the decision on appropriate form of election rests with Council. Nonetheless, Clerks staff feel that with the at-large system, the local electorate have ample, and arguably, more choice than if there was a switch to ranked balloting when electing Council members, extensive education and public outreach would be required to inform the electorate on the changes to the voting system, costs would increase and elections results would not be finalized as expeditiously as currently is the case with the first past the post system in combination with the vote tabulators. Also, the perceived benefits of ranked balloting appear to be subjective. Finally, no other Ontario municipality has yet to commit to a ranked ballot system. Clerks staff anticipate some subsequent election-related reports in this calendar year related to changes to the Municipal Elections Act, that candidates should be cognizant of, and voting methods. With regard to the latter, staff is waiting for some subsequent regulations to be passed by the Province b3efore bringing forward the information report. FINANCIAL/STAFFING/LEGAL IMPLICATIONS No internal financial analysis has been done on what additional costs would be incurred under a ranked ballot election, however, a City of Ottawa Council report estimated that the cost of a ranked ballot election could be double the cost of their previous election. Additional staff at the polling stations, more advertising and public education on the 4 CD-2017-01 February 14, 2017 ranked ballot system, more ballots might be necessary to accommodate the two different voting methods (a ranked ballot for Mayor, Council and Regional Council, first past the post for School Board and Regional Chair races) and software costs and possibly new vote tabulation machines to enable ranked balloting, would be some of the anticipated, additional costs. Traditionally, the municipal election, locally, has cost between $200 -250,000. If Council were to consider passing a by-law allowing ranked balloting, it would be necessary under the legislation for Council to consider factors such as the costs to the municipality of conducting the elections, the availability of technology, such as voting equipment and vote-counting equipment and software, for conducting the elections and the impact the proposed by-law would have on election administration. The requirement for a public open house, public meeting at Council and appropriate notice are outlined earlier in the report. CITY'S STRATEGIC COMMITMENT Organizational Effectiveness and Efficiency: Ensure that governance structures are appropriate and effective LIST OF ATTACHMENTS • CD-2015-09, Governance Issues • Follow Your Ballot, Ministry of Municipal Affairs & Housing • Various articles on Ranked Balloting Recommended by: 41./(A- ti-/t/ Dean lorfida, ity C erk Respectfully submitted: /444)1 p Y Iken Todd, Chief Administrative Officer CD-2015-09 NiagaraJalls October 29, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario The recommendation(s) contained in this report were adopted by City Council SUBMITTED BY: Clerks Department SUBJECT: CD-2015-09 Governance Issues RECOMMENDATION For Council's information and comment. EXECUTIVE SUMMARY There is been discussion at a Regional level on such governance issues as double direct representation, where the elected member sits on both lower and upper-tier municipal councils, and the direct election of the Regional Chair. Concurrently, the Province is reviewing various pieces of legislation that impact local municipalities. The report outlines some of the issues that have elicited attention, providing background information and, related, pros and cons. Various background attachments and previous reports on governance issues are also provided. BACKGROUND At the September 15th meeting, Council passed a motion that that the Regional Municipality of Niagara be requested to consult with the lower-tier municipalities regarding the election of the Regional Chair and that staff come back with a report on various governance issues. In addition, the Province has been engaged over the last six months consulting on various pieces of legislation that have bearing on municipalities: the Municipal Elections Act (MEA), the Municipal Act, the Municipal Conflict of Interest Act and the City of Toronto Act. The deadline for comments on the MEA has passed, however, the Niagara Area Clerks have provided comments at a session with the Ministry of Municipal Affairs of Housing and under separate cover. The deadline for comments on the other pieces of legislation is at the end of October. This report will focus on some key issues that have received attention. 2 CD-2015-09 October 29, 2015 ANALYSIS/RATIONALE Municipal Elections Act/ Ranked Ballots After each municipal election, the Ministry of Municipal Affairs & Housing engages in review of the Municipal Elections Act (MEA). The Minister's mandate letter set out the parameters of the review, to "ensure that the act meets the needs of communities and that it provides municipalities with the option of using ranked ballots in future elections; starting in 2018, as an alternative to first-past-the-post system". The first-past-the-post system is the traditional system of electing representatives in democracies, where the candidate with the plurality of votes wins the seat. With a ranked ballot system, voters are allowed to rank candidates in order of preference (first choice, second choice, third choice, etc.) instead of just voting for one candidate. If no candidate receives a threshold of votes (50%+1 in single-member elections), the candidate with the fewest amount of votes is eliminated and their ballots are redistributed to the second preferences indicated on each ballot. Ranked Ballots Pros: • would add to the range of options available to decide how to elect local representatives. • is seen as a way of re-engaging the dissatisfied electorate. • is seen as a way to prevent the election of candidates that do not have broad- based support, across different groups. • is seen to prevent strategic voting (i.e., vote for the candidate with the best chance of beating candidate A, as opposed to the voter's preferred candidate). • arguably, provides more choice to the electorate. Cons: • in a three-way race for Mayor, for example, the candidate with the most first place votes could conceivably not win the election. • would require extensive education of the electorate on how the ranked-ballot system works and may discourage voters. • it could take days to determine an election winner. • the at-large system in Niagara Falls already provides much choice to the electorate (i.e., can vote for up to eight candidates). • there are many factors that contribute to voter turnout (strong Mayor race, weather, voter fatigue from competing elections) that it is questionable whether ranked ballots would necessarily increase voter turnout. • some jurisdictions in the U.S., have switched back from the ranked ballot system. 3 CD-2015-09 October 29, 2015 • may have more relevance in a federal or provincial party system, where based on seat distribution, popular vote may not translate into seats, but not in a municipal electoral system without party affiliations. It is curious that the Province has highlighted ranked-ballots as a priority for municipal elections, especially considering there are many areas in which the MEA and election process can be improved. The campaign financing rules and related forms are very difficult and need to be clarified and simplified. The compliance audit process that was implemented after the 2010 municipal election lead to many audit requests but little change resulted from the requests and most appeared to be politically motivated. The Province has indicated that ranked ballots will be the choice of the municipality. Based on the at-large system and the complexity, staff would not recommend implementing the system for 2018. Toronto City Council, which was initially receptive to ranked balloting, appears to be having second thoughts. Double Direct Representation The City of St. Catharines passed a motion that was forwarded to the Regional Municipality of Niagara for endorsement to request that the Region apply to the Ministry of Municipal Affairs & Housing to allow the municipality to have six (6) Councillors to sit on both the Regional and City Councils. The City of St. Catharines would maintain six councillors that would sit only on City Council elected based on the City's existing ward system. The Region endorsed forwarding the matter to the Ministry. The discussion at Regional Council was that the lower-tier should have some flexibility in determining their form of governance but there was not a consensus to see all lower-tier municipalities in Niagara go to the double-direct method. The Ministry has not formally responded. If the change was to be made, based on the current legislation, there would have to be a triple majority: a majority at the Region would have to approve the change and a majority of the twelve lower-tier municipalities, making up more than 50% of the Region's population, would have to pass resolutions supporting the change for St. Catharines. Pros: • would improve communication and coordination between upper-tier and lower- tier municipalities. • would nominally reduce the number of politicians. • other jurisdictions in Ontario, such as Durham, York, Peel, Halton and Muskoka, have double-direct representatives. • arguably, double-direct was supported by the City of St. Catharines' governance review. 2/7/2017 Follow Your Ballot:An example of a ranked ballot election Ministry of Municipal Affairs and Ministry of Housing Ontario ABOUT I NEWSROOM I JOB OPPORTUNITIES I CONTACT US You are here > Home > Your Ministry > Local Government > Municioal Elections > Municioal Elections Act Review > Follow Your Ballot: An example of a ranked ballot election Follow Your Ballot: An example of a ranked ballot election Email this page Follow a ballot and learn what happens in a single-member and multi-member ranked ballot election. Single-member election: an election where one candidate is elected In this election, you are being asked to vote on the kind of fruit that will be served as a snack. Ranking the ballot With ranked ballots you can rank your choices from your most preferred to least preferred option. You rank the choices as follows: • Cherry 1 #4, • Pear 2 • Strawberry 3 • Apple 4 ® Calculate the threshold to be elected �,,� Thirty people voted, and only one fruit can be chosen. Sixteen votes are needed ii for a fruit to be elected (50 per cent of 30 votes is 15 votes, plus one makes it a EZI majority). Count the first choice votes After the ballots are distributed according to first choices, the vote count looks like this: cherry strawberry pear apple 1st count 5 6 9 10 None of the fruits has received enough votes to be elected. Eliminate the option in last place and redistribute those ballots to other candidates Your first choice, Cherry got the fewest votes. Your ballot will now be given to your second choice, Pear. (The ballots of everyone else who voted for Cherry as their first choice will also be redistributed to their second choices). http://www.mah.gov.on.ca/Page11118.aspx 1/6 2/7/2017 Follow Your Ballot An example of a ranked ballot election After the 5 Cherry ballots are distributed, the new vote count is:0 ell (00) IQ) cherry strawberry pear apple iiie6 9 10 1 4 0 2nd count 7 13 10 After the second round of counting, none of the fruits has received enough votes to be elected. Drop the last place and redistribute those ballots Strawberry now has the fewest votes. Your ballot stays with your second choice, Pear. After the 7 Strawberry ballots are redistributed, the new vote count is: ® ° 4) strawberrypear apple ile13 10 4 3 3rd count cri 13 Pear is elected with 17 votes. Even though your first choice didn't get elected, your ballot helped your second choice to win. Multi-member Election: an election where more than one candidate is elected In this election, you are being asked to vote on what new equipment should be installed in your neighbourhood park. Three pieces of equipment will be chosen out of a possible six. Ranking the ballot With ranked ballots you can rank your choices from your most preferred to least preferred option. You rank your choices as follows: • Monkey bars 4 • Picnic Table 5 • Sandbox 3 • Slide 6 • Swings 1 • Treehouse 2 Calculate the threshold to be elected In a multi-member ranked ballot election, the number of votes needed to be elected will depend on how many seats are being filled. http://www.mah.gov.on.ca/Page11118.aspx 2/6 2/7/2017 Follow Your Ballot:An example of a ranked ballot election In this example, one hundred people voted, and three pieces of equipment will be chosen. In order to be elected, a piece of playground equipment must earn twenty-six Monkey bars #4 votes. Picnic table cia To do the math, one hundred votes divided by 4(3 pieces of equipment will be chosen, plus one is 4) is 25 votes, plus one is 26. Sandbox DB Count the first choice votes Slide #6 After the ballots are distributed according to first choices, the vote count looks swings m like this: Treehouse i 40 30 13 votes surplus 26 votes to be elected 20 10 1st count 12 7 16 19 39 7 Monkey Picnic Sandbox Slide Swings Treehouse bars table My vote: #3 Swings has received more than 26 votes, and is declared the winner. Distribute the surplus Since the threshold is 26 votes, and Swings got 39 first choice votes, Swings got 13 more votes than is needed to be elected. Swings has a surplus of 13 votes. Thirteen divided by 39 is one-third. This means that Swings only needed two-thirds of your vote (along with two-thirds of the vote of everyone else who had Swings as a first choice) to be elected. The two-thirds of your vote that Swings needs to be elected will stay with Swings. The other one-third of your vote will be given to your second choice, Treehouse. Each ballot that had Swings as the first choice will give one-third of their vote to their second choice. After the ballots are redistributed, the new vote count is: http://www.mah.gov.on.ca/Page11118.aspx 3/6 2/7/2017 Follow Your Ballot:An example of a ranked ballot election 40 -- 13 surplus votes distributed 30 -41( -X-------- 26 votes to be elected 20 10 2nd count 15.66 12 20 19 26 7.33 1st count 12 7 16 19 39 7 Monkey Picnic Sandbox Slide Swings Treehouse bars table My vote: 1=1 El El Round 1 total Votes added New total Monkey Bars 12 11 ballots worth 1/3 each: 3.66 votes 15.66 Picnic Table 7 15 ballots worth 1/3 each: 5 votes 12 Sandbox 16 12 ballots worth 1/3 each: 4 votes 20 Slide 19 0 votes 19 Swings 39 -39 ballots worth 1/3 each: -13 votes 26 elected Treehouse 7 1 ballots worth 1/3 each: 0.33 votes 7.33 As it turns out, yours was the only ballot of the one hundred votes that chose Swings as the first choice and Treehouse as a second choice. Treehouse's vote total increased by one-third of a vote. None of the candidates other than Swings has earned the 26 votes needed to be elected. Drop the last place and redistribute those ballots Treehouse got the fewest votes, so it is eliminated. Treehouse's votes are now redistributed. Your one-third of a vote will be transferred to your third choice, Sandbox. After the Treehouse votes are redistributed, the new vote count is: http://www.mah.gov.on.ca/Page11118.aspx 4/6 2/7/2017 Follow Your Ballot:An example of a ranked ballot election 40 30 26 votes to be elected 10 II 7.33 votes distributed 3rd count 16.66 14 22.33 21 26 x 2nd count 15.66 12 20 19 26 7.33 1st count 12 7 16 19 39 7 Monkey Picnic Sandbox Slide Swings Tre fuse bars table My vote: III Ill CE Round 2 total Votes added New total Monkey Bars 15.66 1 16.66 Picnic Table 12 2 14 Sandbox 20 2.33 22.33 Slide 19 2 21 Swings 26 elected 0 26 elected Treehouse 7.33 -7.33 votes redistributed 0 None of the other candidates has earned the 26 votes needed to be-elected. Drop the last place and redistribute those ballots Picnic Table has the fewest votes, so it is now eliminated. Picnic Table's votes are now redistributed according to their next choice. I I http://www.mah.gov.on.ca/Page11118.aspx 5/6 2x1/2017 Follow Your Ballot:An example of a ranked ballot election 40 V M 26 votes to be elected 20 10 111 14 votes distributed 4th count 21.66 x 26.33 26 26 x 3rd count 16.66 14 22.33 21 26 x 2nd count 15.66 12 20 19 26 7.33 1st count 12 7 16 19 39 7 Monkey ftlSandbox Slide Swings Treuse bars My vote: LE 111 123 Round 3 total Votes added New total Monkey Bars 16.66 5 21.66 Picnic Table 14 -14 0 Sandbox 22.33 4 26.33 elected Slide 21 5 26 elected Swings 26 elected 0 26 elected Treehouse 0 0 0 Sandbox and Slide have each earned 26 votes, so they have reached the threshold to be elected. Recall that in this election, three pieces of equipment were to be elected out of a possible six. Since three candidates have reached the threshold, the counting stops. The three winning candidates are Sandbox, Slide and Swings. CONTACT-US I ACCESSIBILITY I PRIVACY I TERMS OF USE I SITE MAP COPYRIGHT© QUEEN'S PRINTER FOR ONTARIO, 2008-2016 - LAST MODIFIED:WEDNESDAY, MAY 27, 2015 http://www.mah.gov.on.ca/Page11118.aspx 6/6 2/7/2017 Ranked Ballots:Coming soon to a city near you?I TVO.org tvo Current Affairs The Next Ontario Climate Watch The Food Chain Shared Values Ranked Ballots: Coming soon to a city near you? OPINION: Ranked ballots produce more positive elections and more diverse, representative councils. But will any Ontario municipality take the province up on its recent decision to allow them? Share Published on Oct 27, 2016 by Dave Meslin http://tvo.org/arti cl e/current-affairs/the-next-ontario/ranked-hal l ots-com i ng-soon-to-a-city-near-you 1/8 2/7/2017 Ranked Ballots:Coming soon to a city near you?I TVO.org . "` • *..k..6.•-1":4::‘:%:;-•.'!..1. „,,,,N,,,„ »` mow •` ti - , '1►'� -1":4::% T . 4 _ _ ‘a, „� � 1 � A 3. :'�- . *a',`�1i. '. e - Vis,..--"" w,, Nk ' �4 OLA **: -7,' ..;k1,Z.Z.-I'''-1/4.--:,,N,'...:S:',-.-------'.. .,., -1*, ,0..-.-10-,.\%.\--,.5 °.tom ..� _- i. ,�tit.►' ;;*i. v 1001,16, . ,'".. .444‘.:::.,.« .,, (CZ liN'''' '. ''''.,',.,,,,,ril.4 :, 1001111A16. ,, , -,--:',No,,& ii _ \ ' — It.C\ 4* y ‹.°......:::NIIIIIIII 1111 Ontario's municipalities now have the option to switch to ranked ballots. (Allendria Brunjes/Canadian Press) While the media is currently focused on federal electoral reform, especially in light of Trudeau's recent backtracking on the issue, there is a lesser-known change taking place right here in Ontario. In an unprecedented move, the province recently revised the Municipal Elections Act to allow all local councils to use ranked ballots for their elections. Canada currently holds the unenviable position as the only country in the Organization for Economic Co- Operation and Development (OECD) that uses the first-past-the-post system — in which the candidate with the greatest number of votes wins, even if they only have, say 20 per cent support — for all of its elections, at all levels of government. This leads to distorted election results, can create governments that are not aligned with overall public opinion, and often forces citizens to vote strategically. It's a system that also encourages negative campaigns: Since candidates do not need a broad consensus in order to be elected, they often simply appeal to a smaller political base. All these conditions only serve to feed a growing sense of cynicism about, frustration with and apathy towards our electoral system. Ontario's 444 municipalities, however, now have the option of avoiding these issues and help Canada catch up to its peers, by switching to ranked ballots. http://tvo.org/arti cl e/current-affiai rs/the-next-ontari o/ranked-bal l ots-com i ng-soon-to-a-city-near-you 2/8 2/7/2017 Ranked Ballots:Coming soon to a city near you?I TVO.org The truth is that there are many reasons for mayors and councillors to be reluctant to implement any kind of reform. Brampton's city council, for example, recently voted against ranked ballots — unanimously—with councillors citing concerns about the system being "too difficult" for voters to understand. This, despite the fact that Brampton's bylaws require its own city council to use a runoff system (which relies on the same premise as ranked ballots) when it has to appoint an interim councillor. In other words: it's good enough for them, but not for us. It's simple enough for them to use, but not for us. The uncomfortable truth politicians won't admit is that they don't like to change the systems that got them elected in the first place. Even if they once promoted reform, after being elected they become quite fond of the status quo. Let's call this what it is: self-serving opportunism. Ranked ballots are, in fact, quite simple to explain and to use. In an election voters rank their choices in order of preference. A minimum threshold is set which candidates have to exceed in order to win. (For a single-winner race, like mayor, the threshold is 5o per cent). On the first round of voting, votes are counted using only the first-choice candidate on each ballot. If one candidate has passed the threshold, they win. If no candidate does, then the candidate with the fewest votes is dropped from the race and their votes are transferred to the second choice on each ballot. This process is repeated until someone passes the threshold. Sound familiar? This is how the Liberal Party chooses its leader, and all of its local candidates. So does the Conservative Party, the NDP and the Greens. Ranked ballots offer many benefits. First, they ensure that elected officials actually have the support of a majority of voters. Ranked ballots also make it easier for anyone to run for office, without being accused of being a spoiler or a vote-splitter, and voters can correspondingly vote with their hearts rather than worrying about wasting their ballots — they can select a first-time or lesser-known candidate as their first choice, but then a frontrunner as their back-up second choice. Candidates are more likely to run positive campaigns in ranked ballot systems, as they need to try to convince a broader pool of supporters, beyond their committed bases, to at least rank them second. In a multi-member ward, or an at-large council, ranked ballots also provide proportionality, which would likely increase diversity on local councils that are currently dominated by white men. There is no doubt that our voting system is at least partially responsible for the under-representation of women and visible minorities across Ontario. Of course, politicians can't admit they have a vested interest in maintaining the status quo, so they have come up with a whole menu of fabricated concerns about ranked ballots, none of which are accurate. Indeed, some of these worries border on the absurd. We hear that ranked ballots are unfair, even though it is one of the most common voting systems in the world and is recommended by Robert's Rules of Order. Or we hear, as was the case in Brampton, that ranked ballots are just too complicated. Let's be clear: the insinuation is that some voters might have http://tvo.org/arti cl e/current-affairs/the-next-ontari o/ranked-bal l ots-com i ng-soon-to-a-city-near-you 3/8 217/2017 Ranked Ballots:Coming soon to a city near you?I TVO.org trouble counting to three. Not only is this incredibly patronizing, but it reveals a deep sense of superiority, since many councils use runoff elections themselves. Three years ago, I hopped into a car with a few colleagues and we drove for 13 hours all the way to Minneapolis, to witness a ranked ballot election first-hand. We spent a week there, watching the final days of the election: interviewing voters, candidates, politicians and journalists. It was the city's second time using ranked ballots, and the reviews were universally positive. We were told, repeatedly, that the election campaigns were more positive, that the ballots were easy to use, that candidates reached out to communities that used to feel left out of the electoral process and that the candidates were focusing on substance rather than attacking each other's character. We even produced a short video so voters in Ontario could see the benefits of ranked ballots by hearing directly from those who use them. On that Minneapolis election night, we witnessed the election of a female mayor, in addition to the city's first-ever Somali, Latina and Hmong councillors. The door is open for Ontario's 444 municipalities, but who will walk through it first? Our councils are required to make a decision about whether to implement ranked ballots for the next election cycle before May 1, 2017. The next six months will reveal which councils are looking out for voters, and which are simply looking out for themselves. Dave Meslin is the Creative Director of Unlock Democracy and is currently crowd-sourcing too Remedies for Broken Democracy,forthcoming from Penguin Canada. Share Get Current Affairs & Documentaries email updates in your inbox every morning. Subscribe I Previous Next L Ottawa hospital parking battle shows not all giant lots Public health saved your life today. Show some are evil gratitude. http://tvo.org/arti cl e/current-affairs/the-next-ontari o/ranked-ball ots-com i ng-soon-to-a-city-near-you 4/8 2/7/2017 Against ranked ballot electoral systems I In Due Course In Due Course In Due Course AGnadian I Public Canadian Affairs Building the Republic of Letters,one keystroke at a time BIOg Against ranked ballot electoral systems Posted by Joseph Heath on March 2,2015 I elections One of the things that I've never succeeded in doing is figuring out how to do a popular or accessible presentation of some of the major findings in "voting theory."The academic literature gets pretty complicated pretty quickly, but it has a single, unequivocal conclusion: of the basic family of voting procedures, none is intrinsically superior. If you start by working out a list of desirable, intuitively plausible criteria that you want a voting system to satisfy, you will find that no system satisfies them all. As a result, the best way to evaluate a system, in my view, is pragmatically— in terms of its likely consequences, which is to say, by the type of government and political dynamics that it is likely to generate. There are, however, a huge number of organizations and activists pushing for various types of electoral reform — almost always claiming virtues for these systems that they do not possess. This makes me a bit crazy. It's hard to get into debate though without getting really technical. Right now there's a huge amount of buzz in Ontario about introducing a ranked ballot system at the municipal level. Part of the push for this came from Toronto during the Rob Ford days, when so many people absolutely wanted Ford out, but were worried about vote-splitting between the non-Ford candidates. The preferred ranked balloting system seems to be instant run-off (IRV), where people indicate a first, second, third, etc. preference on their ballot. When the ballots are tallied, a "virtual" run-off is conducted, so the person who received the fewest first-place votes gets eliminated, then all the people who ranked that person first get their second-place votes re-assigned, as though they were first-place votes for the selected candidate. If necessary, this process is repeated until someone eventually gets more than 50% of the votes. I'm not a big fan of this voting system, because it adds complexity without generating any improvement over plurality rule, which is what we have now. First of all, the idea that people should get more than 50% is just a strange fixation, that has no intrinsic rationale. As soon as you have more than two options, you simply cannot require that a winner get more than 50%. So you have to introduce rules that forcibly constrain the outcome, which will necessarily introduce an element of arbitrariness into what you wind up with. (So while plurality rule "arbitrarily" picks the person who got the most votes and says `winner," IRV "arbitrarily" picks the person who got the least votes and says "loser," then reassigns that person's voters. Both are equally arbitrary, and can generate equally perverse or unintuitive results.) Anyone who contemplates the Condorcet voting paradox deeply and for long enough should come to realize that insisting on 50% or more on any complex question just doesn't make any sense. (That is something I have taken a crack at explaining, in something that unfortunately never made it into print.) Anyhow, in class today I was teaching some of this stuff and got into a discussion of IRV and came up with an example that actually works pretty well at illustrating some of the flaws with that system. For starters though, consider the sort of thing that proponents of IRV like to claim. RaBIT (Ranked Ballot Initiative of Toronto) is an organization that promotes it here in Ontario, and on their website you can read the following: Instant runoff voting ensures that no one can win with less than 50% of the vote. It eliminates the risk of'vote splitting', where two or more candidates `split'the votes of a certain group. It also means that no one has to vote strategically—you can vote with your heart each time. This is pretty typical of the claims that get made in support of ranked ballot systems. The first sentence is the usual fixation on the magic number of 50%, which I would like to emphasize, is unmotivated. In a 3+ party system you can only get to that by forcing. The second and third sentences are simply false. So here's my example—it's a variation on a standard set-up, used to show how IRV can fail to elect the Condorcet winner (I'll explain that in a bit). Imagine a simple electorate of 25 people, and three candidates: Ford, Chow and Tory. Their preferences are as follows: http.11induecourse.ca/against-ranked-ballot-electoral-systems/ 1/7 2/7/2017 Against ranked ballot electoral systems I In Due Course 10 people prefer Ford, then Tory, then Chow 8 people prefer Chow, then Tory, then Ford 7 people prefer Tory, then Chow then Ford You can think about these as fractions of the electorate as well. If you do, then these numbers are not so far off how public opinion was breaking down in an early segment of the Toronto mayoralty race. So Ford is obviously the polarizing candidate: he is popular with some, but dead last in everyone else's rankings. If you had a plurality rule election, Chow and Tory would split the opposition vote, leaving Ford to win with 10 votes out of 25. This is what opponents of plurality rule don't like. Apart from the 50% fetish, they don't like the fact that this scenario gives Chow voters a powerful incentive to vote for Tory, in order to block Ford (and vice versa) rather than "voting their heart." Okay, so what happens with IRV? Here Tory gets the least votes, so he gets eliminated, and since all 7 of his supporters ranked Chow second, she gets all those votes once he is eliminated. So she wins the election under IRV rules – by 15 to 10. Seems like a happy outcome, no? This is what motivates a lot of IRV fans. We need to look a bit more carefully though. The first thing to notices is that Tory is actually the Condorcet winner here–what that means is that in a head-to-head contest against either Ford or Chow, he would emerge the winner. Against Ford, he wins by 15 to 10. Against Chow, he wins even more convincingly, by 17 to 8. So how is it that he doesn't win the IRV election? It's because he's a lot of peoples' second choice, but not enough people's first choice. See that's the arbitrariness in IRV–it picks just one person and bumps that person out, then counts the second- place votes of just that one person. Many people think that's an important flaw in IRV–although it is worth emphasizing that it's also a flaw in plurality, after all, Ford would have won under standard plurality rule. Still, it means that after the election, in which Chow wins (with 50% or more votes!) more than two-thirds of the electorate will be saying to themselves, "wow, I would much rather have had Tory than Chow."This just illustrates, again, that in order to get over the 50% threshold when there are 3 or more options, you need to do some forcing, which can in turn produce perverse results. Anyhow, for now then let's call it a tie between plurality and IRV. So what about the claim that "no one has to vote strategically–you can vote with your heart each time."Well no one ever has to vote strategically. It all depends how much you want your preferences to prevail. If you look at the IRV outcome, with Chow winning, Ford voters are clearly the most dissatisfied with that outcome (they rank her last). And because Tory wins over Chow in a head-to- head contest, Ford voters have an obvious incentive here to vote strategically (under IRV). Instead of voting for their most preferred candidate (Ford), they should vote for Tory, to ensure that he doesn't get eliminated, so that he can go on to win over Chow. So it is absolutely and categorically false to say that IRV eliminates the incentive for strategic voting. All it does is invert it. (This is something that everyone should know from history as well –in 2002 too many French voters failed to vote strategically in the Presidential election —which uses a run-off system — leading the Socialist Party candidate Lionel Jospin to be eliminated in the first round, forcing them all to vote for Jacques Chirac to keep the far right out of power.) Also, notice that Ford voters have a plausible complaint under IRV that they are being treated arbitrarily. After all, Tory lost the election, and his voters got to have their second-ranked choice count. (Their votes were therefore not "wasted,"to use another highly dubious expression that gets tossed about in these debates). Ford, however, also lost the election, but for some reason, the second-ranked choices of his voters don't count. They are "wasted." As a result, his voters get their worst outcome, rather than their second worst outcome, while Tory voters get their second-worst outcome, rather than their worst worst outcome. So Tory voters get more say in the outcome than Ford voters. Why? Because Tory was the bigger loser. Food for thought. Contrary to the heading of this post, this is not really an argument against ranked balloting. The purpose is just to show that it's no better than what we have now. It would of course be unfortunate if the system were to be adopted based on the false claims that are being made on its behalf. I also think that the issue of complexity and transparency is important. One significant virtue of plurality rule is that everyone at least understands why the person who won is the winner. But that's an argument for another day. 82 1 G+1 0 8 points Comments http://induecourse.ca/against-ranked-ballot-electoral-systems/ 2/7 2/7/2017 Australia's ranked ballot holds grim lesson for electoral reform * Australia's ranked ballot holds grim lesson for electoral reform Is anyone in Canada really ready for the Motoring Enthusiast Party? maclea ns.ca February 26,2016 "Ir rt IfOUSE oFLLorp 14,617. µ_"•q�.y %I�2 S r_° tkv An.Australian ranked ballot.(Paul Kane/Getty Images) Canada may have beaten Australia out of the starting gate with Confederation in 1867;it wasn't until 19oi that our colonial cousir managed the same feat. But there's still much we can learn from our younger Antipodean relation—particularly when it comes to electoral reform.There's no reason for us to make the same mistakes they've made. The 76 members of the Australian Senate are elected using a preferential,or ranked,ballot. Such a system is much in fashion. Her. in Canada,Prime Minister Justin Trudeau has famously vowed that zo15's federal election will be the last carried out using our traditional first-past-the-post method.Of the many possible replacement options,it's widely speculated Trudeau favours ranked ballots because it ensures every vote counts.The Liberals have also said they don't believe this sort of change requires public approval via referendum,arguing a political agreement should he sufficient. So are we ready for MPs from the Canadian Motoring Enthusiast Party? Electing the Australian Senate—an upper house with considerably more prestige and power than in Canada—is a time-consumin, and complex task.Every three years,voters must choose six senators per state using a ballot the size of a dinner placemat.In New South Wales,for example,the most recent Senate election included no individual candidates.Voters are required to express their preferences on all of them.This can be done by either labouriously ranking each candidate from No. i to No. no, or by voting one for a preferred party.In this latter option,used by more than 95 per cent of all voters because of its simplicity,the party itself takes care of the ranking procedure through what's called a"group ticket,"with its own candidates at the top.Once the votes are cast,tl candidate with the fewest votes is eliminated and the group ticket dictates how those votes are to be distributed among the remaining candidates (through a mysterious and complicated process that space precludes us from explaining here).This process continues until six winners per state are declared. • Related:Paul Wells on the quagmire of electoral reform and the hunt for legitimacy In recent elections,a legion of micro-parties,often with provocative names and platforms such as the Sex Party, Sports Party or NI Carbon Tax Climate Skeptics Party,have turned group tickets into a political lottery.By carefully allocating their preferences amongst themselves for maximum effect,it is possible for these micro-parties to send at least one of their kind to the upper house http://www.macleans.ca/politics/australias-ranked-ballot-holds-grim-lesson-for-electoral-reform/ 1/2 2/7/2017 Australia's ranked ballot holds grim lesson for electoral reform 1 ms is wnat nappenea in me 2013 election,wnen me Australian motoring rntnusiast tarty eiectea us nrst senator,Kicky ivlulr. t7 received just 0.5 per cent of the popular vote,but thanks to the combined preferences of 22 other obscure parties,he now has a se; in Canberra. Given the Byzantine nature of preferential ballots and group tickets,many Australian voters have no idea how their preferences ar allocated. Many votes ultimately go to parties entirely contrary to the original voter's political beliefs.For example, among the parties that threw their weight behind Muir were the Animal Justice Party and the Bullet Train for Australia Party,neither of whic seems aligned with the"motoring enthusiasts lifestyle"advocated by Muir.In this way,ranked ballots represent a complete perversion of the democratic process. • Related:The Liberal plan to eliminate first past-the-post elections needs to be put to a vote The absurdity of Australia's preferential ballot system has the government of Malcolm Turnbull pushing for reform.This week the conservative-minded prime minister proposed an end to the group ticket,plus other changes designed to make elections tougher on micro-parties.And he has the support of the opposition Australian Greens."You know the system is broken when someone po 0.5 per cent at an election and returns one candidate,"said Green Leader Richard di Natale. "It's been gamed by these backroom preference dealers."The larger opposition Labor Party is split on the proposal. The final implications of Turnbull's reform package are uncertain,as it could trigger a snap election and an entirely new Senate.F� Canadians, the mess created by preference brokers and micro-parties should be considered a cautionary tale on electoral reform al home. Crass manipulation of ranked ballots through group tickets was never an objective of Australia's"progressive"electoral system.But it became the logical outcome,given the presence of opportunistic politicians.Why should such a scenario hold any attraction for Canada?The Trudeau government's plan to cobble together a backroom political deal on electoral reform could unleash similar unpleasant and unintended consequences.And with voter turnout rising dramatically in the last federal election– including a surprising 12 percentage point boost among young voters—there's no evidence our voting system is broken,or in need of wholesale replacement. Finally and most important,it remains essential that Canadian voters themselves have the final say on any plan to recast the foundation of Canada's democracy.A referendum is a necessary defence against political manipulation of our electoral system. http://www.macleans.ca/politics/australias-ranked-bal lot-holds-grim-lesson-for-electoral-reform/ 2/2 MW-2017-02 Niagara�alls February 14, 2017 C ANA UA REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2017-02 Front Street Dock License Agreement Renewal RECOMMENDATION That Council approve the renewal of the Front Street Dock License with OPG and further that the Mayor and Clerk be authorized to execute the necessary documentation. EXECUTIVE SUMMARY In order to retain the City's rights to use the existing Front Street Dock facility the existing license and sub-license agreements require renewal with Ontario Power Generation. The renewal of the agreements will be a continuation of the existing conditions for up to five (5) additional years. BACKGROUND The Front Street dock was established as a partnership project between the City of Niagara Falls and the Chippawa Public Docks Committee. The waterfront property that the dock occupies is owned by Ontario Power Generation. To facilitate the dock development a five-year license agreement for the use of the property was established between OPG and the City of Niagara Falls (September 1, 2011.) A subsequent sub-license agreement was created to allow the Chippawa Public Docks Committee to fund and build the dock proper (February 27, 2012.) Refer to reports MW-2011-20 and MW-2012-18. ANALYSIS/RATIONALE The current license and sub-license agreements lapsed on September 1, 2016. OPG has provided a standard renewal agreement. Under the existing arrangements the Chippawa Public Docks Committee owns and insures the Front Street dock. City of Niagara Falls has a five-year lease for use of the - 2 - MW-2017-02 dock from the CPDC for a nominal fee. At the end of the five-year period the CPDC conveys the ownership of the Front Street Dock to City of Niagara Falls in a physical condition that is acceptable to the City. Some repairs to the dock are currently being completed by CPDC in anticipation of the potential dock ownership transfer in 2017. FINANCIAL/STAFFING/LEGAL IMPLICATIONS To maintain the existing Front Street Dock facility the license and sub-license agreements require renewal. The renewal of the agreements will be a continuation of the existing conditions for up to five (5) additional years. CITY'S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council's Strategic Priorities by providing opportunities for active living and promoting a healthy and safe community. LIST OF ATTACHMENTS 1. Front Street Dock Location Map f Recommended by: 44-A Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer GHolman, DAntonsen —.414rAll,r14114 Location Ma . t -_ - ...- / l(�� _ " w / . . . 2 i - .a#4,,, _ • 7 f 1 / - / ALP . / 4t � wr011 n ir ,^ . rc" t' ' 4160 ... ei. drit 0 - - - 41 'SP ' 'e,-; - 4 -0,:,71_,L ' . .,/ifi'.. o " , 4 I ' Y FRONT STREET DOCK h: t January 2017 Subject Land R&C-2017-05 Niagaraaalls February 14, 2017 REPORT TO: Mayor James M. Diodati and Members of Municipal Council SUBMITTED BY: Recreation & Culture SUBJECT: R&C-2017-05 MYAC Teen Mental Wellness Project RECOMMENDATION That this report be received for the information of Council. EXECUTIVE SUMMARY The Mayor's Youth Advisory Committee (MYAC) will receive up to $77,550 from the Ontario150 Partnership Program to implement a teen mental wellness project in 2017. MYAC will work with the school boards, public health and community mental health organizations to plan and implement this project. BACKGROUND As part of Canada's 150th Celebrations, Grants Ontario launched several funding programs to recognize Ontario's 150th anniversary as a province. The Ontario 150 Partnership Program is providing 5 million dollars in funding to "support new partnerships and collaborations that engage, enable and empower youth as the next generation of Ontario leaders" and the projects are required to engage and empower youth through: • creativity and cultural expression • diversity and inclusion • environmental stewardship • youth entrepreneurship • healthy living • civic engagement Applicants must provide at least 25% of project costs with cash and in-kind contributions. An application was submitted to the Ontario150 Partnership Program with a total project cost of $115,250 and a funding request of $77,550. The application included $32,700 in- kind contributions and $5000 cash contribution to support a student led mental wellness project. 2 R&C-2017-05 February 14, 2017 The application was successful and the Province has committed to providing the full amount requested for the MYAC Legacy Project — 150 and beyond! Building healthy people project. The Mayor's Youth Advisory Committee has partnered with the District School Board of Niagara, Niagara Region Public Health, Contact Niagara, Niagara Suicide Prevention Coalition, and will work with the Niagara Catholic District School Board, Pathstone Mental Health, and Community Addiction Services of Niagara to plan and implement the project. The project will be focused on mental wellness and building resilience in high school aged students. According to the World Health Organization, mental health is defined as "a state of well-being in which the individual realizes his or her own abilities, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to his or her community." Although decreasing the stigma around mental illness remains important, this project will be focused on skill building and developing the tools needed to cope with stress, change, and regular everyday challenges. The project will be made up of several components: 1. A Wellness Summit to be held in November of 2017 for 200 students (40 students from each of the five local high schools), adult allies from schools and representatives from local mental health organizations. 2. An evening keynote speaker event to engage family members and the community. 4. Promotion of 211 as the 'one stop shop' for connecting to mental health support. 5. Establishment of a wellness committee under the umbrella of the Mayor's Youth Advisory Committee and a network of students who attended the wellness summit to serve as mental health advocates in the five schools. 6. Creation and distribution of materials to high school students, to promote mental health awareness and the new wellness committee. A steering committee will work with the Mayor's Youth Advisory Committee of Niagara Falls on all aspects of the project, including planning the Wellness Summit and family keynote speaker event, and supporting the development of a wellness committee and student mental wellness advocates. ANALYSIS/RATIONALE The Mayor's Youth Advisory Committee has indicated that teen mental health is one of their priorities. They have selected mental health as their main advocacy topic for the 3 R&C-2017-05 February 14, 2017 last four years and have hosted events to raise funds and awareness each year. It is apparent that the topic is also important at the municipal, regional, provincial and federal levels. There is a substantial commitment and work being done at the federal and the provincial level to improve the system for child and youth mental health. The City and the Mayor's Youth Advisory Committee is in a great position to pull together local partners, experts, and advocates for this project. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Ontario150 Partnership Program has committed up to $77,550 to this project, representing 75% of eligible project costs. An amount of $5000 has been included in the proposed 2017 Mayor's Youth Advisory Committee operating budget as part of the 25% cash and in kind required by the grant , guidelines. CITY'S STRATEGIC COMMITMENT The City's Recreation & Culture Department has a commitment to provide optimum leisure service delivery in the City of Niagara Falls which enhances the quality of life, health and well-being of our people, our communities, our environment and our economy. Recommended by: / G"e / Kathy Moldenhauer, Director of Recreation and Culture Respectfully submitted: L-A(1-4)\-9 I Ken Todd, Chief Administrative Officer C) 0 C z_ C) 0 cnz CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: February 14, 2017 Re: Double Direct Representation St. Catharines City Council in 2015 began a process for consideration of "double direct" representatives. For the 2018 municipal election, it was proposed that six (6) elected representatives would concurrently hold seats as members of, both, St. Catharines City Council and at Regional Council. To effect this change, a Provincial regulation was required, which was enacted, and a triple-majority, in which Regional Council and the majority of lower-tier Councils making up the majority of the Region's population would have to approve the change to double- direct representation for St. Catharines. Double-direct was not contemplated for any other municipality in Niagara. At their meeting on February 6, 2017, St. Catharines City Council ultimately rejected double-direct representation in a 7-6 vote. Although technically, the triple majority is still conceivably possible out of deference for St. Catharines' Council's decision, I cannot foresee any of the lower-tier municipalities now voting in favour of double direct, as it would create a paradox of other municipalities imposing a form of representation that St. Catharines Council just rejected. Arguably, a receive and file (i.e., do nothing) motion should suffice, in order to clearly close the loop on the matter staff is recommending the following be communicated to the Region: RECOMMENDATION: That in light of St, Catharines City Council's rejection of Double-Direct representation, and out of deference to their Council's wishes, Niagara Falls City Council opposes the passage of the by-law which would change the composition at Regional Council to allow for double-direct representation. A Great City ... For Generations To Come Administration Niagara / f Region Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042,Thorold, ON L2V 4T7 Telephone:905-980-6000 Toll-free: 1-800-263-7215 Fax:905-687-4977 www.n iagararegio n.ca • January 20, 2017 Area Municipal Clerks SENT ELECTRONICALLY RE: Change to Composition of Regional Council—"Double Direct" Minute Item 10.2.1, CL 1-2017,January 19, 2017 Regional Council at its meeting held on Thursday, January 19, 2017 passed the following resolution: That Report CLK 2-2016, dated September 15, 2016, respecting Change to Composition of Regional Council—"Double Direct" BE RECEIVED and the following recommendations BE APPROVED: 1. That, subject to the public meeting as required by the Municipal Act, 2001, Regional Council ADOPT a by-law to change its composition, and such by-law, if adopted, to come into force an effect on April 27, 2017, provided that: a. a majority of the councils of the local area municipalities pass resolutions consenting to the by-law(referred to above); and, b. the total number of electors in the local municipalities that have passed resolutions in support of the by-law form a majority of all electors in the region of Niagara as established in the revised list of electors for the municipal election held in the year 2014. 2. That, subject to the adoption of the by-law, a copy of the by-law and Report CLK 2-2016 BE FORWARDED to the clerks of the 12 local area municipalities with a request that their councils adopt the following resolution and advise the Regional Clerk of the results of that consideration, no later than March 31, 2017: "That the Council of (name of municipality) consents to the passage of the by-law of the Regional Municipality of Niagara, being a by-law to change the composition of the Regional Council." In accordance with Council's resolution, I would appreciate receiving your Councils' decision by March 31, 2017. I am happy to answer any questions. Yours truly, f l I v _- Ralph Walton Regional Clerk :pp Attachments (2) Niagara' r`,f Region CLK 2-2016 --- September 15, 2016 Page 1 REPORT TO: Regional Council MEETING DATE: Thursday, September 15, 2016 SUBJECT: Change to Composition of Regional Council — "Double Direct" RECOMMENDATIONS 1. That, subject to the public meeting as required by the Municipal Act, 2001, Regional Council CONSIDER adopting Bill 49-2016 to change its composition (attached as Appendix I), and such Bill, if adopted, to come into force and effect on December 8, 2016, provided that: a. a majority of the councils of the local area municipalities pass resolutions consenting to the by-law (Bill referred to above); and, b. the total number of electors in the local municipalities that have passed resolutions in support of the by-law form a majority of all electors in the region of Niagara as established in the revised list of electors for the municipal election held in the year 2014. 2. That, subject to the adoption of Bill 49-2016, a copy of the Bill and Report CLK 2- 2016 BE FORWARDED to the clerks of the 12 local area municipalities with a request that their councils adopt the following resolution and advise the Regional Clerk of the results of that consideration, no later than December 1, 2016: "That the Council of (name of municipality) consents to the passage of By-law No. XYZ of the Regional Municipality of Niagara, being a by-law to change the composition of the Regional Council." KEY FACTS • The Minister of Municipal Affairs and Housing has made a regulation authorizing The Regional Municipality of Niagara to exercise its power under the Municipal Act, 2001 (the "Act") to pass a by-law to change its composition; specifically, the method of selecting the members of Regional Council that represent the City of St. Catharines. • The specific description found in the Minister's Regulation permitting this process, does not permit Regional Council to change the proposal before it. CONSIDERATIONS Financial There are no financial implications. Both St. Catharines City Council and Regional Council have adopted resolutions stating that the total compensation for Regional Councillors serving dual-duty at St. Catharines and Niagara Regional Council will be equal to the combined compensation that a Councillor would receive as a City of St. Catharines Councillor and as a Regional Councillor. Costs totalling approximately $3,300 for a public engagement campaign, including advertising the public meeting, production of an educational video and social media activities have been absorbed in the Regional Clerk's budget. Corporate n/a Governmental Partners The City of St. Catharines has requested this change. All of the local area municipalities will be requested to consent should Council pass a resolution to that effect. A majority of these Councils, representing a majority of electors, would need to consent. Public and/or Service Users As per Council's direction contained in CLK 1-2016, a communication strategy was developed, in consultation with the City of St.Catharines, to educate residents about the proposal and to gather public opinion on the proposal. The public engagement plan included: • Educational "explainer" video promoted via social media • Online poll hosted on Niagara Region's website and promoted via social media (summary of survey results will be the subject of a memorandum to Council on September 15, 2016) • Information on Niagara Region's website, including a questions and answers document • Public meeting scheduled for September 15, 2016, at Regional Headquarters and promoted via social media/print ad (Niagara This Week newspaper — all editions) ANALYSIS The Minister of Municipal Affairs and Housing has made a regulation authorizing The Regional Municipality of Niagara to exercise its power under the Act to pass a by-law to change its composition; specifically, the method of selecting the members of Regional Council that represent the City of St. Catharines. The Regulation, O. Reg. 158/16 (attached as Appendix II), provides that The Regional Municipality of Niagara may exercise its power under section 218 of the Act to change the method of selecting members of the council as follows: "The six members of regional council representing the City of St. Catharines may, instead of being elected by general vote of the electors of the city, be elected by wards as members of both the council of the regional municipality and the council of the city." The Minister's Regulation states that for greater certainty the above-mentioned clause "does not apply in respect of the method of selecting the head of council of the city as a member of regional council." The Minister's Regulation permits Niagara Region to undertake the process that could lead to changing the composition of Regional Council. The process began with Report CLK 1-2016, dated June 30, 2016, where Council adopted the following recommendations: 1. That Niagara Region Council GIVE NOTICE of its intent to consider a by-law to change its composition; 2. That Niagara Region Council HOLD one public meeting on September 15, 2016 at 6:30 p.m. in the Council Chambers located at Regional Headquarters, 1815 Sir Isaac Brock Way, Thorold, Ontario; 3. That the Regional Clerk BE DIRECTED to post notice of Council's intent and the public meeting on the Region's website in accordance with the Region's public notice policy; and 4. That staff BE DIRECTED to solicit public input by other means to facilitate the public engagement process. A by-law to change Council's composition only comes into force and effect if it achieves what is referred to as a "triple majority". A triple majority requires: 1. Majority of all votes by Regional Council in support of the by-law; 2. Consent via resolutions of a majority (i.e. at least seven) of Niagara's 12 area municipalities; and, 3. The total number of all electors of the area municipalities that have passed resolutions referred to in clause 2 form a majority of voters in Niagara region. The length of time for the process will depend on the amount of time the area municipalities require to consider a request from Regional Council. This report has identified December 1, 2016 as the date by which the responses from the area municipalities are requested to be received. Background The Council of the City of St. Catharines proposed that changes be made to allow an alteration of the method of electing City and Regional Councillors to what they call the "Double-Direct Method", whereby six members of Council would serve on both Regional and City Council, six members of council would serve only on City council, and all would be elected on a ward system basis. Regional Council resolved to apply to the Ministry of Municipal Affairs and Housing to permit the requested change. Regional Council at its meeting held on Thursday, July 23, 2015, adopted the following resolution: That Correspondence Items C8313 being a letter from B. Nistico-Dunk, City Clerk, City of St. Catharines, dated July 7, 2015, respecting Double Direct Councillor Role, City of St. Catharines, BE RECEIVED; That Council APPLY to the Ministry of Municipal Affairs and Housing to allow the City of St. Catharines to change its method of electing City and Regional Councillors to the "Double-Direct Method" as outlined in its December 2, 2013 report, where six members of Council will serve on both Regional and City Council, while six members of Council would serve only on City Council, and all to be elected on a ward system basis; and, That, the Region AGREES to make this request, total compensation of the new "double-duty" Councillors will be equal to the combined compensation a Councillor would receive as a City of St. Catharines Councillor and as a Regional Councillor; and, That should the request not receive required Regional and/or Provincial approvals, staff RECOMMEND specific changes that would improve communication and efficiency under the present system. ALTERNATIVES REVIEWED None due to the process as identified in this report being legislatively required. Given the specificity of the Minister's Regulation to the proposal by the City of St. Catharines, Regional Council cannot implement another method. To implement another method would require the process to be started again to seek a new Regulation from the Minister. ORIGIN OF REPORT Minute Item 10.2.2 of CL 13-2015, being the minutes of the Regional Council meeting held on July 23, 2015 (consideration of C83123 being a letter from B. Nistico-Dunk, City Clerk, City of St. Catharines, dated July 7, 2015, respecting Double Direct Councillor Role, City of St. Catharines) Minute Item 12.1 of CL 11-2016 being the minutes of the Regional Council meeting held on June 30, 2016 (consideration of Report CLK 1-2016 dated June 30, 2016, respecting Minister of Municipal Affairs and Housing Regulation under the Municipal Act, 2001 — "Double Direct") OTHER PERTINENT REPORTS Report CLK 1-2016 dated June 30, 2016, respecting Minister of Municipal Affairs and Housing Regulation under the Municipal Act, 2001 — "Double Direct". SUBMITTED BY: APPROVED BY: Ralph Walton Maurice (Mo) Lewis Regional Clerk Acting Chief Administrative Officer This report was prepared by Ralph Walton, Regional Clerk in consultation with Sterling Wood, Legal Counsel, Natasha Devos, Deputy Regional Clerk and Darrell Neufeld, Communications Consultant. APPENDICES Appendix I Bill 49-2016 —A By-law to Change the Composition of Regional Council Appendix II Municipal Act, 2001, Ontario Regulation 158/16 Council Composition — Regional Municipality of Niagara CLK 2-2016 Appendix I Bill 49-2016 Authorization Reference: CLK 2-2016; CL 13-2016, < Minute Item Number> THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. < > A BY-LAW TO CHANGE THE COMPOSITION OF REGIONAL COUNCIL WHEREAS Section 218(2) of the Municipal Act, S.O. 2001 , Ch. 25, as amended, provides that the council of an upper-tier municipality may, by by-law, change the composition of its council; WHEREAS Section 218(5) of the Municipal Act, 2001, further provides that this section does not apply to an upper-tier municipality until the Minister makes a regulation declaring that the section applies to the upper-tier municipality; and WHEREAS the Minister filed O. Reg.158/16 on June 2, 2016 declaring that The Regional Municipality of Niagara may exercise its powers under Section 218. NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as follows: 1. That the composition of Regional Council be changed to provide that the six members of regional council representing the City of St. Catharines shall be elected by wards as members of both the council of the regional municipality and the council of the city; 2. That these seats shall be filled in accordance with the Municipal Elections Act for the election to be held in the year 2018, being the next regular election to occur after passing of this by-law; and, 3. That this by-law shall come into force and effect on December 8, 2016, provided that: a. a majority of the councils of the local area municipalities have passed resolutions consenting to the by-law; and b. the total number of electors in the local municipalities that have passed resolutions form a majority of all electors in the region of Niagara as established in the revised list of electors for the municipal election held in the year 2014. THE REGIONAL MUNICIPALITY OF NIAGARA Alan Caslin, Regional Chair Ralph Walton, Regional Clerk Passed: September 15, 2016 CLK 2-2016 Appendix II Francais Municipal Act, 2001 ONTARIO REGULATION 158/16 COUNCIL COMPOSITION -REGIONAL MUNICIPALITY OF NIAGARA Consolidation Period: From June 2,2016 to the e-Laws currency date. No amendments. This is the English version of a bilingual regulation. Municipality may exercise power 1. (1) The Regional Municipality of Niagara may exercise its power under section 218 of the Act to change the method of selecting members of the council as follows: 1. The six members of regional council representing the City of St. Catharines may, instead of being elected by general vote of the electors of the city,be elected by wards as members of both the council of the regional municipality and the council of the city. (2) For greater certainty, subsection(1)does not apply in respect of the method of selecting the head of council of the city as a member of regional council. 2. OMITTED(PROVIDES FOR COMING INTO FORCE OF PROVISIONS OF THIS REGULATION). Francais Back to top 1 Bill 2017-12 Authorization Reference: CLK 2-2016; CL 1-2017, Minute Item 10.2.1 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. 2017-12 A BY-LAW TO CHANGE THE COMPOSITION OF REGIONAL COUNCIL WHEREAS Section 218(2) of the Municipal Act, S.O. 2001, Ch. 25, as amended, provides that the council of an upper-tier municipality may, by by-law, change the composition of its council; WHEREAS Section 218(5) of the Municipal Act, S.O. 2001, further provides that this section does not apply to an upper-tier municipality until the Minister makes a regulation declaring that the section applies to the upper-tier municipality; and WHEREAS the Minister filed O. Reg.158/16 on June 2, 2016 declaring that The Regional Municipality of Niagara may exercise its powers under Section 218. NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as follows: 1. That the composition of Regional Council be changed to provide that the six members of Regional Council representing The City of St. Catharines shall be elected by wards as members of both the council of the regional municipality and the council of the city; 2. That these seats shall be filled in accordance with the Municipal Elections Act, S.O. 1996 for the election to be held in the year 2018, being the next regular election to occur after passing of this by-law; and, 3. That this by-law shall come into force and effect on April 27, 2017, provided that: a. a majority of the councils of the local area municipalities have passed resolutions consenting to the by-law; and b. the total number of electors in the local municipalities that have passed resolutions form a majority of all electors in the region of Niagara as established in the revised list of electors for the municipal election held in the year 2014. THE REGIONAL U► C 'ALITY OF NIAGARA i • Alan Caslin, Regional hair f Ralph Walton, Regional Clerk Passed: January 19, 2017 Fr \ Legal and Clerks Services F.41 Office of the City Clerk Phone: 905.688.5600 CITY OF PO Box 3012, 50 Church Street Fax: 905.682.3631 ST.CATHARINES St. Catharines, ON L2R 7C2 TTY: 905.688.4TTY (4889) February 6, 2017 Regional Council do Ralph Walton, Regional Clerk Sent electronically via email to: Niagara Region ralph.waltonniagarareqion.ca 1815 Sir Isaac Brock Way P.O. Box 1042 Thorold, ON L2V 4T7 Re: Motion of Council — Double Duty Councillor— Passage of By-law to Change Composition of Regional Council Our File No.: 10.12.44 Please be advised that the Council of the City of St. Catharines, at the Special meeting of February 6, 2017, defeated the following motion: "That the Council of St. Catharines consents to the passage of the by-law of the Regional Municipality of Niagara, being a by-law to change the composition of the Regional Council. FORTHWITH" LOST Should you have any questions, please do not hesitate to contact the Office of the City Clerk at Extension 1517. II -71 t _I Heather Salter Deputy Clerk/Director Legal and Clerks Services cc: Local Municipalities 4NG.A.R 4:10 2016 ANNUAL REPORT Niagara Falls Fire Department Fire Chief Jim Boutilier , . _ 7 ..,„ _ ,I....-",.. . ,• •,.. • w.' . -------- ''',...•.1 -..4.: 7 - , . ,-- -9.......:--,"" , ---,,, - :7)-• 7 r. ''.1 . • - ., : • ... .,. . , liftirritgliftealgoaa.... ... . I ' 1 1 - - I I !III IM •.'a . -.' `. .. .• • :.. • . NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT Index Message from the Chief 2 Mission, Vision, Values 3 Fire Administration 4 Organizational Chart 5 Budget 6 Buildings 6 Staffing 7 Fleet 8 Suppression 9 Fire Prevention 10 Communications 15 Training 16 Emergency Management 20 What Was New in 2016? 21 NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT Message from the Chief With Niagara Falls'unique response area,we are faced with multiple challenges requiring different skills to cover the risks. Although one specialty response may not represent a unique situation,the various response types found in our city create a fire department that is uniquely Niagara Falls. Some of the challenges we face include; density issues created routinely by myriads of tourists and traffic — more particularly in the peak tourist season, highways, international bridges and their associated traffic patterns, high-angle topography within the gorge, a high-rise city core area second only to Toronto, Falls rescues, high-angle canal issues with fast flowing waterways, highly urban and rural landscapes, etc. All of these factors present significant demands for the department, making it challenging for this organization, along with the significant responsibility to the residents,visitors and those employed by our city. The goal of the Niagara Falls Fire Department is to reduce the loss of life and property and the protection of the environment. One way in which this is achieved is through public fire and life safety education to the children and citizens of our community. Public fire and life safety education are very important parts of the overall activities of the fire department and the Fire Prevention Division. Our public education initiatives strive to teach every person who lives,learns, works and plays in our community, fire and life safety The Fire Department's response is currently being fulfilled by 22 on-duty full- time firefighters and 82 volunteer firefighters, augmented by staff in our Communications, Training, Fire Prevention and Administration divisions. The following is a synopsis of the Niagara Falls Fire Department in 2016. We look forward to continuous improvement and a continued high level of service to our community. Jim Boutilier Fire Chief NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT Mission, Vision, Values ➢ Mission: "The Niagara Falls Fire Department is committed to safely protecting life,property and the environment through education,prevention and emergency response. ➢ Vision: "Eliminate loss of life andproperty, injuries, and environmental damage from fire." ➢ Values: leadership "Everyone takes the lead" Teamwork "One for all" Accountability "Do the right thing" Respect "Give and you shall-receive" NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT Fire Administration ➢ Fire Administration consists of the Fire Chief, Deputy Chief of Administration, Deputy Chief of Operations, Executive Secretary, Secretary 1 and Chaplain, operating out of the Stan Thomson Fire Administration Building on Morrison Street. The Chief is responsible for 238 career and volunteer staff. ➢ The support position of Chaplain was filled in 2013 after a long search to replace our previous Chaplain. Pastor Brad Peters was announced as the successful candidate from First Baptist Church in Niagara Falls. Since his appointment, Brad was ordained as a Reverend and has attended numerous fire department events. NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT Organizational Structure Fire Department City of Niagara Falls Thursday,March 20,2014 Fire Chief • Exrcuthe Secretry 1 Secretay Chapeau Deputy Chief kfniistali, Deputy Chief Operations f Comm a' ns al Drecta of I Plan= i i 'Ikeda of Captain District tfs Fire Prevention i td} I Training 431 u _ I Captain {f Captains I Volunteer Operalms(4) # Fire Preesentnn ' Fire Suppression TT 'r goFirefighters i t2} (20) jiGi) FIreOF pn i f �� Training 1 1 i (13) I Officer ! Secretary. I Fire Prevention a I Council I Senior Staff 5 NU FTE 1 Non-Union Staff 1 CITE FTE ■ Union Staff 132 FIRE FTE 0 Volunteer Staff NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT Budget ➢ The budget for the Fire Department is identified through Operating and Capital allocations approved by Council. Operating budget- $20,133,166 Capital budget- $730,000 The Fire Department worked throughout the year from a 2014 Agreement with the Niagara Falls Professional Fire Fighters Association. Buildings ➢ The Niagara Falls Fire Department operates from six(6)fire stations and one administration building. The City owns five of the six fire stations, with a portion of Fire Station 5 on Sodom Road being leased to the City by the Willoughby Volunteer Fire Department. • The Engineering and design work for Fire Station 7 is well underway. • The diesel fume extraction system has been installed at all six (6) fire stations. ➢ Fire Department Headquarters at 5809 Morrison Street underwent renovations in 2016 with the administration area receiving updates of new paint, carpet and furniture for the Administration staff. NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT Staffing ➢ There are 131 full-time employees operating from four divisions; Suppression, Fire Prevention, Training and Communications, and an approved complement of 104 volunteer firefighters. Three full-time stations are based in the urban area of the city and three volunteer stations are located in the suburban/rural area of the city. ➢ Full-time staffing is 29 staff on each of four shifts. If staffing is below 22 full-time firefighters on any shift, firefighters are hired to fill the positions. There were three (3) retirements in 2016. A full-time recruit class of nine (9) took place. ➢ Two recruit classes were conducted: a class of nine (9) full-time staff and nine (9)volunteer recruits who since graduated. ➢ The approved complement of 104 volunteer firefighters is divided between the three volunteer stations. Volunteer staffing numbers at the end of 2016 are reflective of recruitment and retention issues plaguing municipalities across the province. Station 4 Station 5 Station 6 Staffing District Chippawa Willoughby Crowland Approved Complement 42 30 32 Staffing Dec. 31, 2016 35 18 30 ➢ When a responding district requires more resources than available, additional districts are called in to assist. For example, if a structure fire occurs in the Station 5 district, Station 6 and Pumper 2 are dispatched as well. Although this provides an alternative supply of staffing, there is a reduction of timely initial full response to the district as a result. ➢ Station 2 staff still responds into the Station 4 area 24 hours per day. NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT Fleet ➢ The main apparatus includes 9 pumpers, 2 aerials, 2 heavy rescues, 2 light rescues, 1 rescue/hazmat unit, 1 tanker and one pumper/tanker. ➢ All vehicles are serviced by mechanics from the Municipal Works department who work with manufacturers and suppliers to ensure the fleet is appropriately serviced and maintained. ➢ Work was completed on acquiring a new pumper to replace a non- repairable apparatus, at the recommendation of the City Mechanics. NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT Suppression ➢ Fire suppression crews responded to 5,678 calls with a wide variety of response types as indicated below. Response Types Property Fires/Explosions 2012 2013 2014 2015 2016 SubTotal 222 182 151 145 167 Total Calls 2.94% Overpressure/Rupture/Explosion SubTotal 1 5 5 9 6 %Total Calls 0.10% Pre-Fire Conditions - No Fire SubTotal 145 163 160 160 164 Total Calls 2.88% Burning (Controlled) SubTotal 187 164 196 205 228 Total Calls 4.01% False Fire Calls SubTotal 668 665 647 611 564 % Total Calls 9.93% CO False Calls SubTotal 139 153 175 217 243 %Total Calls 4.27% Public Hazard SubTotal 146 168 171 139 167 %Total Calls 2.94% Rescue SubTotal 372 420 433 440 478 % Total Calls 8.41% Medical/Resuscitator Calls SubTotal 2046 2181 2364 2510 2570 Total Calls 45.26% Other Response SubTotal 1139 957 1017 1114 1091 %Total Calls 19.21% Annual Response Totals Total Calls 5065 5058 5319 5550 5678 NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT Fire Prevention ➢ Public Education The Fire Protection and Prevention Act, 1997 was proclaimed into law on October 29, 1997 and introduced a new framework for the provision of fire protection in Ontario. This includes specific roles for the province and municipalities. Within this framework, municipalities are responsible for funding and delivering services and the province is responsible for providing advice, guidance and support to municipalities. The vision of the FPPA is that every resident of Ontario will receive an appropriate level of fire protection. ➢ Fire Prevention Week: October 9th - 15th 2016 "Don't Wait- Check the Date: Replace Smoke Alarms Every Ten Years" was the 2016 theme for Fire Prevention Week. The theme encouraged the public to check their smoke alarms manufacture date and replace any that exceed ten (10) years. tr •k, The Fire Prevention Division hosted their annual kick-off open house at Station 1 on Saturday, September 24. Traditionally, the event is hosted on the first Saturday of Fire Prevention Week but, with historically undesirable weather, the event was moved forward two weeks. The event would not be successful without the support from the suppression division and volunteer departments. A barbeque was also held at the event to raise proceeds for Camp BUCKO and a total of$63o.00 was donated. Another contributing factor to the success of this event is the partnering with the local Home Depot store. This event coincided with "Home Depot Fire Safety Days"which is an event promoted by the Fire Marshal's Public Fire Safety Council. NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT The Fire Prevention Division also promoted Fire Prevention Week and fire safety messaging by attending locations throughout the city to distribute materials and speak to the public. The MacBain Centre, Public Library, Cineplex, Home Depot and Gale Centre were all venues that provided staff with space to set up displays during the week. 40. - �, fir, , ...,- ��� Along with the Suppression Division, Fire Prevention staff attended all elementary schools in the city to conduct fire drills during this week. This is an important program that Niagara Falls Fire runs every Fire Prevention Week and helps to ensure that fire safety and preparedness is on the minds of staff and students in our local schools. Along with schools, fire drills were also conducted at the majority of city owned/operated buildings. They included City Hall, Service Centre, Gale Centre, and the Coronation Centre. Wake Up! Campaign May 2016 marked the fifth year that Niagara Falls Fire ran the Wake-Up Campaign. This program targets areas in the city where homes were built without required smoke alarms and carbon monoxide alarms. Firefighters attended these neighbourhoods and visited door-to-door ensuring required detection was in place, installing where alarms were absent and providing fire safety literature to the occupants of the home. Some of these neighbourhoods have experienced fires and efforts are specifically concentrated in these areas to ensure that all residents have the necessary life safety devices in their homes. In 2016, members of the Niagara Falls Fire Department attended 1,275 homes and were able to enter 362. Of the homes entered, a total of 92 smoke alarms were installed, 37 carbon monoxide alarms installed, 49 combination smoke/CO alarms installed and 8o batteries were replaced. Of the 375 homes entered, 134 or 37%were in full compliance with the requirements of the Ontario Fire Code for smoke and carbon monoxide alarms. This program is well received by the public and some NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT homeowners are very impressed the fire department provides this service. The success of this program can be measured in that in the five (5) years the program has been running, four (4) families were alerted to fires by alarms installed during the program. 4 rr A le -4,,,,i w.; w '.. fs.. r ` .. > .; , I s3 ➢ Hotel Engineers Presentations In order to promote and encourage open communication with hotel owners and operators in the city, the Fire Prevention Division hosted a fire safety presentation. The focus of the presentation was to establish a better understanding among property owners of the fire department's expectations of fire safety and the enforcement practices of the fire department. There was also emphasis on encouraging owners to contact the fire department with any questions or concerns they have regarding their properties. This presentation was well received with lots of positive feedback and requested to be held semi-annually. > Motel Owners/Operators Presentations Motel owners/operators were also invited to Station 1 to attend a presentation by the Fire Prevention staff. The presentation focussed on the unique challenges that both the fire department and motel owners are facing with the transition from what were considered`traditional' motels for the traveling public to more permanent residential type occupancies. The owners were advised of their requirements for code compliance, where most deficiencies are found, as well as suggestions for improving fire safety beyond the minimum requirements of the code. NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT ➢ Pre-Incident Planning Program In 2016,the Suppression Division, along with the Fire Prevention and Training Divisions,began the first phase of a pre-incident planning program. Fire Prevention staff identified properties in the city that would pose a significant challenge or risk to firefighter safety in the event of an incident. Through cooperation with the building owners/ operators, fire crews were able to attend each property and conduct pre- incident surveys where vital information about the buildings was collected. Crews then prepared drafts of pre-incident plans for the buildings. Phase two of the program will begin in 2017 where the plans will be formalized and implemented into emergency responses. ➢ Vacant Buildings As the result of a number of fires in vacant buildings throughout the city, the Fire Prevention Division began tracking vacant buildings to ensure they were secured against unauthorized entry, as required by the Ontario Fire Code. Owners were required to ensure that all reasonable attempts are made to protect these buildings from vagrants gaining access and using the properties for illegal/unsafe uses. If buildings are found to be unsecured, the owner is required to correct the violation immediately. The inventory of vacant buildings is reviewed throughout the year and the Fire Prevention Division relies on the assistance of other divisions to ensure the inventory is updated and accurate. At the end of 2016, there were 143 properties identified as being vacant. This program has reduced the number of fires in vacant buildings; however, in 2016,we still had fires in some buildings identified as being vacant. ➢ Vulnerable Occupancies The Fire Prevention Division continues to ensure that all 24 vulnerable occupancies (retirement, care, care and treatment homes)within the City of Niagara Falls are in compliance with the Ontario Fire Code. This is achieved through the required annual inspection required by the Ontario Fire Code as well as ensuring that staff is prepared to respond in a fire emergency by conducting annual evacuation drills. Fire Prevention staff is going to move forward with ongoing training and regular communication with administrators of the homes through presentations and electronic correspondence. NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT Major inspections Inspection Type # of Inspections Complaints from public 95 Complaints from firefighters 160 Business licences 90 Liquor licences 14 Plans examinations 182 Final permit inspections 129 Request inspections 30 Hoarding 7 Freedom of Information 15 All care occupancies in the city were inspected Fire Investigations Fire and Explosions # of Investigations Under $50,000 15 Between $50,000 and $100,000 5 Greater than $100,000 10 Total 30 Other Activities Activity Type # of Occurrences Zoning Amendments 32 Site Plans 28 Special Occasion Permits 35 File Searches 34 Burn Permits 31 Fire Safety Plans Reviewed 61 Total 221 Legal Proceedings Fire Safety Orders issued under the FFPA 183 Provincial Offences Act Part 3 Information 58 NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT Communications Division ➢ The Communications Division is staffed by a Captain of Communications, four (4) full-time dispatchers, and supplemented by 20 qualified firefighters as needed. ➢ Dispatch staff processed or monitored 93,021 radio transmissions for 5,678 emergency responses and other non-emergency communications. ➢ Dispatch staff also act as the telephone operator for the fire department. There were 32,969 phone calls originating from or calling to the fire department. ➢ Dispatchers have an important role for notification of the Emergency Management Team when required. ➢ The Communications Division coordinates radio system maintenance and coordination with contracted support technicians. NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT Training Division ➢ The Training Division is staffed by a Chief Training Officer, a Captain of Training and a Training Officer. ➢ The average training for a full-time firefighter was 212 hours for this year. In order to maintain OFM certification, they must train a minimum of 130 hours plus specialty training per year. ➢ The average training for a volunteer firefighter was 8o hours for this year. In order to maintain OFM certification, they must train a minimum of 6o hours plus specialty training per year. ➢ The Training staff delivers and oversees training to the entire staff complement. Under their guidance,volunteer stations and full-time shift officers augment the delivery of routine training. Specialty training requires extensive technical expertise and is delivered through suppression staff who has achieved expert status. Delivery has been provided by many in-house instructors. Officers conducted the review of training assigned for the year to their respective staff. ➢ A List of Specialty Training Instructors: - Confine Space Instructors - Water/Ice Rescue Instructors - Rope Rescue Instructors - Haz-Mat Instructors - Air Techs - Medical Instructors - SCBA Trainers - Fit Testers - Gas Detection Instructors - Peer Fitness Evaluators - Pump Operations Instructors - Hazardous Materials Instructors - Elevator Instructors NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT ➢ Confined Space The Niagara Falls Fire Department's full-time firefighters have been trained to the operations and technician level of confined space. In order to enhance this training, a deck was constructed around the tanker to make our training more realistic, as well as providing a much safer environment to train in. Platoons completed over 75 hours of theory and 265 hours of scenarios in 2016 to maintain their proficiency in this specialty. ➢ Water and Ice Rescue In 2016, our water rescue instructors continued their excellent work organizing a water rescue program utilizing new equipment. Over 8o hours of theory-based training and over 200 hours of practical training took place. ➢ Rope Rescue Training In 2016, each platoon completed their assigned quarterly rope training, with the platoons averaging over 35o hours of theory and practical training. ➢ Haz-Mat 2016 saw our department focus on hazardous materials response training. Across all six (6) stations, over 95o hours were credited to Hazmat Training. All staff was responsible to complete an on-line web based update of the WHIMIS program. ➢ Firefighter Survival With the assistance of our instructors in firefighter survival,we were able to complete the program for our department in 2016. Working on a three-year cycle, in 2016 all full-time and volunteer firefighters completed the Day 3 component of the program. 2017 will involve Day 1 evolutions. ➢ Driving Program Our staff was introduced to the NFPA 1002 Competency Course. This new driving course challenged drivers to operate at low speed through an obstacle course. This promotes safe and efficient driving while managing to keep response times as low as possible. NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT ➢ Self-Contained Breathing Apparatus Our existing ISI units were replaced by the MSA Gi unit. Training took place with SCBA Committee members and allowed the new units to be in service in March of 2016. ➢ EPC/Medical In 2016, our instructors continued with this valuable program with the help of our medical committee. In 2016,we enhanced it by equipping our firefighters with the knowledge and equipment to respond to chemotherapy incidents. ➢ Shift Instructors We have been very fortunate to have several people pick up the torch and become Specialty Instructors. This endeavour has proven to be invaluable to our department. ➢ Promotion and Classification Examinations The following is a list of Reclassification and promotional exams that took place during 2016: Nine (9) staff completed their 1st Class Reclassification written test on July 21.The practical portion of the Reclassification exam took place during the months of July and August. Seven (7) staff completed their 2nd Class Reclassification exam written test on August 31. The practical exam took place during the month of September. Seven (7) staff completed their Platoon Chief Promotional Exams in October. On October 17, the written portion was completed and the practical exams took place on October 18. ➢ Career Recruit Class of 2016 Nine new recruits were hired February 1, 2016. The Lead Instructor for this class was Firefighter Justin Canestraro. Along with the Training Division and other specialty instructors, Firefighter Canestraro ensured that these recruits were prepared for their role of Probationary Firefighter with the Niagara Falls Fire Department. NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT The 14 week recruit training program was completed and all candidates were assigned to Platoons effective May 8. All Nine (9) staff completed their Probationary Reclassification exam process on December 21, 2016. ➢ Volunteer Recruit Class 2016 There were nine (9) recruits hired in December 2015. The class training program prepared them to challenge the provincial examination for NFPA Firefighter 1, Hazmat Awareness and Hazmat Ops. This program was the responsibility of Captain Hicks. With support from Training Officer Inglis and many other Instructors from the volunteer stations, the recruits graduated from the program on April 4. NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT Emergency Management ➢ Emergency Management Program The Fire Chief is the Community Emergency Management Coordinator (CEMC) and the Deputy Chiefs are the Alternates for the City of Niagara Falls. The CEMC is responsible for providing the forum for training, exercising and assembling the Emergency Management Team together in times of crisis. The training and exercise requirements in 2016 were conducted and a heat alert scenario was used. In December, our compliance package was submitted to the Chief of Emergency Management of Ontario, indicating that the City of Niagara Falls complied with all of the 15 annual requirements, as set out in the Emergency Management and Civil Protection Act. K GE,„ a0 Vqc? OZF Z E M 0 O 0 �Ofr9FS UFGENC-50SP ➢ Emergency Preparedness Week This year, Emergency Preparedness Week (EP Week)was held from May 1 to 7. The purpose of EP Week is to raise awareness and encourage residents to prepare themselves to stay in their homes for 72 hours in the event of a wide-scale emergency such as flooding, power outages, and tornados. The theme for 2016 was "Plan - Prepare - Be Aware" and focused on encouraging residents to take it upon themselves to plan for emergency situations and be aware of the risks they can be exposed to. To promote emergency preparedness in Niagara Falls, members of the Fire Prevention Division attended locations throughout the city to distribute literature and speak with the public. The MacBain Centre, Public Library, Cineplex, Home Depot and Gale Centre were all venues that provided staff with space to set up displays during the week. /14 lMINIII• ow Build a Kit NIAGARA FALLS FIRE DEPARTMENT 2016 ANNUAL REPORT What was new in 2016? ➢ In January, training began on our new MSA G1 self-contained breathing apparatus and was completed in July with all four (4) platoons and three (3) volunteer stations fully trained. This life saving piece of equipment is expected to keep our staff safe for the next 15 years. ➢ In April, our staff completed their training on the Zoll Pro Defibrillator. These new units are specifically designed for professional rescuers for use in any environment. ➢ In April 2016, the Niagara Falls Fire Department transitioned to using Firehouse Software as the reporting system for all department functions. With hard work, the transition to using the new system was completed and the divisions were able to begin adapting to and learning the new system. The focus in 2017 is getting a better understanding of all the functions of the software and implementing them into day-to-day operations. ➢ Chief Smith retired on May 31, 2016 after a career which spanned 28 years and included positions as Firefighter, Fire Prevention Officer, Director of Fire Prevention,Assistant Chief and Fire Chief from 2007 to 2016. ➢ On June 28, 2016,the Niagara Falls Fire Department, along with many other departments in the Region, issued a fire ban in the city. At that time, campgrounds were exempt from the ban. Due to prolonged heat and dryness, on July 4th the ban was extended to include campgrounds. On August 16, 2016,the fire ban was lifted. Subsequently, the Fire Department has met with the campgrounds to come up with an agreeable solution to both parties should another extremely dry season happen in the future. ➢ Jo Zambito joined our team on October 3, 2016 as Deputy Chief of Operations. Jo came to us from the Town of Niagara-on-the-Lake Fire and Emergency Services where he served as Deputy Fire Chief and brings experience from positions in Training, Fire Prevention and as a Building Inspector for the Town. There are on-going meetings with the architect/design team from Panici for the new Fire Station 7. The floor plan is set and we are currently involved in finalizing engineering requirements in terms of electrical and HVAC systems. Decisions have been made on the building's exterior finishes which can be described as contemporary in design. RECREATION & CULTURE Inter-Departmental Memo To: Mayor Diodati and Members of Council From: Emily Hunter & Luka Vujic, Co-Chairs Mayor's Youth Advisory Committee Date: January 25, 2017 Re: March Break 50 Cent Bus Rides On behalf of the Niagara Falls Mayor's Youth Advisory Committee (MYAC), we would like to sincerely thank Niagara Falls Transit for their partnership and support over the years of the "Student Bus Rides" initiative. We would also like to thank Council for their endorsement of this project. The Mayor's Youth Advisory Committee would like to once again, respectfully request permission to provide 50 Cent Student Bus Rides for March Break 2017. We are very thankful for this continued partnership and together we will be able to expose and inform students about Niagara Falls Transit. For one dollar round trip, what better time is there for youth to give it a try? To promote the fare, MYAC representatives will make announcements and post flyers at each high school in the City. This initiative continues to help promote freedom and independence for the youth. By riding the bus instead of driving or getting a ride, youth are showing their care for the environment. With the help of the Niagara Falls Transit and City Council we hope to inspire more youth to ride the bus! BA c.c. Bob Chambers, Manager of Transit Operations A Great City ... For Generations To Come ti AutismONTARIO see the potential voir le poientiel February 1, 2017 Niagara Falls City Hall 4310 Queen St. Niagara Falls, ON L2E 6X5 Re: Invitation to participate in Autism Ontario's "Raise the Flag" campaign on April 3rd,2017 in celebration of World Autism Awareness Day. Dear Sir/Madam, April 2,2017,will mark a historic day in Canada for the autism community. For the fifth year, Canadians will officially recognize World Autism Awareness Day. To formally acknowledge the day,Autism Ontario is inviting all municipalities to proclaim April 2, 2016 as World Autism Awareness Day and raise Autism Ontario's Flag on Monday, April 3rd,2017 due to weekend office closures on the official day. By participating in our 2017 "Raise the Flag" campaign, you are increasing public awareness about Autism Spectrum Disorder (ASD), and the day-to-day issues faced by people with autism and their families. If your community is interested in supporting autism awareness by participating in Autism Ontario's "Raise the Flag" campaign on April 3,2017,please return the attached RSVP form to our Chapter by mail or register online at www.raisetheflagforautism.com on or before March 6th, 2017. Last year we requested that municipalities keep the flag for future use.We have a limited number of flags available for those who require one;please make note when completing the RSVP form or registering online if you require one. The March 6, 2017 registration deadline will allow us to mail out flags to those who need it, and to advertise through our communication channels that your municipality will be participating. We recognize municipalities have a formal approval process for recognizing charitable proclamations and flag raisings, and may not be able to register by the deadline. If this is the case we still invite you to proclaim the day and raise a flag, if you have one. Please notify us of your participation by emailing volunteer.nagara@autismontario.com. Autism ONTARIO see the potential voir le potence! Please visit www.raisetheflagforautism.com in the coming weeks to access engaging resources and to share your stories of inclusion! For questions regarding participation, please contact the Jordan Shaw at 905-682-2776 x204 or volunteer.niagara@autismontario.com. Sincerely, Jordan Shaw Communications &Volunteer Coordinator Autism Ontario—Niagara Region Chapter www.autismontario.com/niagara volunteer.niagara@autismontario.corn 905-682-2776 x204 About Us Autism Ontario is the leading source of information on autism and one of the largest collective voices representing the autism community in Ontario. Today, 1 in 94 children are diagnosed with autism in Canada. Through improved public awareness,Autism Ontario strives to increase opportunities and acceptance for over 100,000 people living with Autism Spectrum Disorder in Ontario,ensuring that each person with ASD is provided the means to achieve quality of life as a respected member of society. Learn more at www.autismontario.com Enclosure: • Proclamation • RSVP form Follow us on Twitter! @AutismONT or @AONiagara and tweet your Raise the Flag photos with #RaisetheFlagforAutism Dean Iorfida From: Cathy Crabbe Sent: Thursday, January 19, 2017 12:17 PM To: 'Kaur, Arwinder'; Heather Ruzylo Cc: Carey Campbell; Dean Iorfida Subject: RE: Permit for Flag Raising Ceremony + Parade - 25 Sep 2017 Hello Arwinder and thank you for your email request for this year's Franco-Ontarian flag raising ceremony at City Hall here in Niagara Falls. Your request is being copied to our City Clerk, Mr. Dean Iorfida so that the request can be added to a future City Council Agenda for review and approval. Once this step has been completed, Dean will be in touch with you to confirm the approval and then our office will be in touch to confirm the Mayor or his designates attendance at the ceremony. I recall that last year our City Councillor Mike Strange attended the ceremony and enjoyed the time with the children. Will you be doing something similar this year? Regards, Cathy Cad& C- a-b Executive Secretary Office of the Mayor and CAO City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 T: 905-356-7521 — Ext.4202 F: 905-374-3557 ccrabbe@niagarafalls.ca See more of Jim at: I YOU C,40)*- an From: Kaur, Arwinder [mailto:kaurar©csviamonde.ca] Sent: Thursday, January 19, 2017 12:00 PM To: Heather Ruzylo Cc: Cathy Crabbe; Carey Campbell Subject: Permit for Flag Raising Ceremony + Parade - 25 Sep 2017 Bonjour, I am contacting you on behalf of the French school board, Conseil scolaire Viamonde, in order to seek the permission of the City of Niagara Falls to organize a Franco-Ontarian flag raising ceremony at your City Hall on Monday, September 25, 2017 at 11 am, followed by a short parade from the City Hall. We also cordially invite an elected official to attend the ceremony, preferably the Mayor, to say a few words. 1 Indeed, since 2010, September 25 is Franco-Ontarian Day in Ontario. On this day, many Franco- Ontarians in the province celebrate their language and heritage in addition to asserting their pride in belonging to this great international community that is "Francophonie". Please confirm approval of this request as soon as possible to able the Board to coordinate accordingly. Do not hesitate to contact me should you have any concerns or questions. I look forward to your answer. Merci, Arwinder Kaur Agente de liaison communautaire I Community Liaison Officer T : 905-455-0109 poste/ ext 427 I C : 416-278-7651 Visitez notre site web : www.csviamonde.ca tekit Conseil sca]acre Vieronde f ' 4111111‘ ! A vez-vous vraiment besoin d'im rimer ce courriel?Ayez l es rit vert! P Y P AVIS IMPORTANT: Les renseignements contenus ou joints A ce courriel sent pour l' usage exclusif du destinataire ou de l'institution A qui ce courriel s' adresse et peuvent contenir des renseignements privilegies, confidentiels et exempts de divulgation conformement a la Loi sur l' acces a l' information municipale et la protection de la vie privee. Dans l'eventualite que le recepteur du present courriel n' est pas le destinataire concerne ou la personne autorisee A acheminer le message au destinataire concerne, vous etes, par la presente, avise (e) , que toute divulgation, diffusion, distribution ou reproduction de la presente communication est strictement interdite. Si vous recevez ce message par erreur, veuillez immediatement en informer 1'expediteur ou l' expeditrice par courriel et detruire celui-ci ainsi que toutes les pieces jointes qu' il comporte. Merci de votre collaboration. IMPORTANT: The information contained in or attached to this email is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under the Municipal Freedom of Information and Protection of Privacy Act. If the reader of this email is not the intended recipient or the person authorized to deliver the message to the intended recipient, you are hereby notified that any disclosure, dissemination, distribution or copying of this communication is strictly prohibited. If you receive this message in error, please notify the sender immediately by return email and destroy all copies of the information contained in or attached thereto. Thank you for your cooperation. 2 Dear Mayor Diodati, This year, The Fresh Air Fund will celebrate its 141st summer of serving New York City children. Since 1877, The Fresh Air Fund has unlocked the limitless potential of more than 1.8 million New York City children from low income communities. Each year, thousands of children enjoy outdoor summer adventures through visits with volunteer host families along the East Coast and Southern Canada and at The Fund's overnight camps in Fishkill, New York. The City of Niagara Falls continues to provide a beautiful setting for the Fresh Air children who visit each year. The Fresh Air Fund would greatly appreciate your help reaching out to prospective volunteer host families by proclaiming March 20th, 2017 as "Fresh Air Fund Day" in Niagara Falls. Your participation will be a great support of the host recruitment efforts of our volunteer leaders in your state. Fresh Air Fund children leave New York City's busy streets behind and take part in simple summertime fun - running barefoot through the grass, swimming for the first time and gazing at star-filled skies. For many Fresh Air children, a free Fresh Air experience is their first time away from the City and our volunteer host families tell us that they often gain more from the experience than their new Fresh Air friend. With your help, we hope to create these special bonds for more Niagara Falls families and New York City children, through the proclamation of"Fresh Air Fund Day" on March 20th. Attached please find a sample proclamation and background materials for your review. Thank you for your time and consideration. Sincerely, Tina Mayne Fatima Shama Niagara Falls, Canada Executive Director The Fresh Air Fund SAMPLE PROCLAMATION WHEREAS The Fresh Air Fund provides free summer experiences to thousands of children from New York City's low-income communities each summer, and WHEREAS The Fresh Air Fund allows New York City children to visit the homes of volunteer host families along the East Coast and Southern Canada, and WHEREAS Niagara Falls families have been participating in The Fresh Air Fund's Friendly Towns Program for over 140 years, and WHEREAS The Fresh Air Fund allows New York City children to enjoy Niagara Falls backyards, parks, and wide open spaces, and WHEREAS The Fresh Air Fund is celebrating its 141st summer, NOW, THEREFORE BE IT RESOLVED THAT I, Mayor Diodati of the city of Niagara Falls, do hereby proclaim March 20, 2017 to be: "FRESH AIR FUND DAY" in Niagara Falls, in recognition of the valuable summertime experiences offered by The Fresh Air Fund. Q DISTRICT DISTRICT SCHOOL BOARD OF NIAGARA SCHOOL BOARD 191 CARLTON ST. ST. CATHARINES, ON L2R 7P4 • 905-641-1550 DSBN.ORG February 2, 2017 Mayor Jim Diodati and Members of Niagara Falls City Council City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Mayor Diodati and Members of City Council: We are writing as a follow up to our correspondence dated December 12, 2016,a copy of which is attached for your reference. As indicated,the District School Board of Niagara (DSBN) is interested in pursuing partnership opportunities with the City of Niagara Falls with respect to the installation of a new artificial turf and track field at A.N. Myer Secondary School as well as athletic field enhancements at Westlane Secondary School.To date, both Mayor Diodati and Ken Todd, CAO, have indicated their support. The DSBN is requesting$500,000 towards this project.Your financial support could fund the inclusion of the following features: A.N. Myer SS Field-Sports Field Lighting $300,000 A.N. Myer SS Field- Bleacher Seating $ 80,000 Westlane SS-Athletic Field Enhancements: Ball Diamond/Tennis Courts $120,000 As the City has entered into a partnership with the Niagara Catholic DSB to support the installation of an artificial turf field at Mitchelson Park, it is a matter of fairness and equity for students at the DSBN that the City move forward to establish a partnership with our Board. Installing a field at A.N. Myer SS will benefit students, residents and align with the City's recreation plan. The Board's request for proposal (RFP) process is now complete and we are ready to move forward with the installation process. We look forward to a positive response to our proposal and would appreciate you being able to confirm your support by February 21, 2017. Sincerely, Dale Robinson Kevin Maves Helga Campbell Chair Vice-Chair/Trustee, Niagara Falls Trustee, Niagara Falls cc. DSBN Trustees Warren Hoshizaki, Director of Education Wes Hahn, Superintendent of Education Helen McGregor, Superintendent of Education Paula MacKinnon,Superintendent of Education Ken Todd, CAO, City of Niagara Falls pc/911 X11 DISTRICT DISTRICT SCHOOL BOARD OF NIAGARA SCHOO,90 40 191 CARLTON ST. - ST. CATHARINES, ON L2R 7P4 905-641-1550 DSBN.ORG December 12, 2016 Mayor Jim Diodati and Niagara Falls City Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Mayor Diodati and Members of City Council: Over the past several months,we have been discussing a partnership surrounding a new artificial turf field to be installed at A.N. Myer Secondary School as well as athletic field enhancements at Westlane Secondary School. We were very encouraged that both Mayor Diodati and Ken Todd, CAO, indicated that the city was interested in supporting this project.To date, we have discussed the potential for the inclusion of light standards on the A.N. Myer field as well as a senior baseball diamond or enhanced tennis/basketball courts at Westlane. We have since become aware that the city will be entering into a partnership with the Niagara Catholic DSB to support the installation of an artificial turf field at Mitchelson Park, next to St. Paul High School.We are hopeful that this decision is further indication that the City fully intends to move forward with a partnership with the District School Board of Niagara as a matter of fairness and equity for students and the north-end community. The project at A.N. Myer is shovel-ready. However,the wording of our Board-approved motion calls for the establishment of a community partnership before proceeding with the installation of any turf fields. Installing a field at A.N. Myer will benefit students, residents and align with the city's recreation plan. We look forward to your positive response and would appreciate being able to confirm your support by the end of January, 2017, in order to move forward with the installation process in a timely manner. Sincerely, Dale Robinson Kevin Maves Helga Campbell Chair Vice-Chair/Trustee, Niagara Falls Trustee, Niagara Falls cc. DSBN Trustees Warren Hoshizaki, Director of Education Wes Hahn, Superintendent Ken Todd, CAO, City of Niagara Falls xi m cn0 r c 0 z 'W....l ilii l�lw I UTY OF ___ CANADA N1464�RA S The City of Niagara Falls, Ontario Resolution Moved by Seconded by WHEREAS Livestock is a local, not-for-profit, music festival that sees more than forty (40) musical acts perform for free in the City's Downtown in July; and WHEREAS the event organizers are planning this year's, third annual, event; and WHEREAS on March 31, 2017 at the Lundy's Lane Untied Church, a fundraiser for Livestock will be held; and WHEREAS the event organizer would like to be able to provide alcohol at the fundraiser; and WHEREAS to obtain a Special Occasion Liquor Licence (SOP) from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as an event of municipal significance; and WHEREAS the event is significant in that it will bring vitality to the City's Downtown and will foster increased recognition of the City's cultural community and offerings. THEREFORE BE IT RESOLVED that Niagara Falls City Council considers Livestock, and related fundraisers, as an event of municipal significance and supports the provision of a Special Occasion Liquor Licence (SOP) for the event. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR RECREATION & CULTURE Inter-Departmental Memo To: Cathy Crabbe, Executive Secretary From: Lori Albanese, Community Development Coordinator Date: February 1, 2017 Re: Awards at Council — Tuesday, February 14, 2017 Outstanding Achievement - Julianne Miszk Last fall, 18 year old Julianne Miszk competed in the Southern Ontario Secondary School Association (SOSSA) Cross Country Mixed Para Division 3 km run at Firemen's Park. Julianne had just completed her latest round of chemotherapy and the 3 km run seemed highly unlikely. Surprising everyone, Julianne not only competed in the race, but won the gold medal. Julianne continues to amaze everyone. After the SOSSA event, Julianne went on to compete in the Ontario Federation of School Athletic Association (OFSAA) event in Port Hope, winning a silver medal. The Niagara Falls Review took notice of Julianne and named her Niagara's Female Athlete of the Year for 2016. Writer Bernie Puchalski noted that "Julianne Miszk is the most inspirational athlete I've ever written about. In late October, five days after she completed a round of chemotherapy at the Hospital for Sick Children in Toronto, the Niagara Falls teen competed in the three-kilometre mixed para division at the Southern Ontario Secondary Schools Association cross country meet at Firemen's Park in Niagara Falls. The four-time OFSAA para cross country champion would go on to win her fifth medal at the OFSAA championships the following week. I will always remember fighting back the tears on that cold and rainy fall day as I watched Julianne cross the finish line into the blanket-clad arms of her family. Her courage is a lesson to all who think their problems are too much to handle". Born with Dubowitz syndrome, an extremely rare genetic and developmental disorder, Julianne also has a learning disability and an uncommon bone disorder called fibrous dysplasia. In addition to rounds of chemotherapy, Julianne has also had surgery where a piece of her fibula was removed to replace a part of the cancerous bone in her jaw. In 2015, Julianne competed and won gold in the OFSAA Cross Country 3,000 metre race, running a tough up-hill course, in muddy conditions, earning her fourth straight OFSAA gold medal. Julianne has also received the 2015 Para Athlete of the Year by the Niagara Sports Commission. On behalf of Mayor Jim Diodati, City Council and the entire City of Niagara Falls, we wish to Congratulate Julianne on her outstanding and amazing achievements! Julianne Miszk is an inspiration to us all. cc. Dean lorfida, Kathy Moldenhauer A Great City ... For Generations To Come {' January 16, 2017 e ATTN: Dean lorfida, City Clark RODNEY PENTLAND Dear Members of City Council: MEMORIAL BENEFIT SHOW Before you get caught up in the hustle and bustle of the 2017 City Council agenda, please mark Wednesday March 1st, on your NEED TO LAUGH calendar, and enjoy the Funniest Night in Niagara featuring some of Canada's best stand-up comics including show headliner, Jeremy Hotz! The 10th Anniversary Komedy for Kidneys Rodney Pentland Memorial Benefit Show takes place at the Greg Frewin Theatre in Niagara Falls. The stand-up comedy show includes performances by Mark Matthews, Paul Haywood, Shannon Laverty, Clifford Myers, and Nicholas Rizzi. It's a guaranteed two hours of laughter! Tickets start at $45 and can be purchased from the Greg Frewin Theatre by calling 905-356- 0777 or at www. Greg-Frewin-Theatre.com. We would appreciate City Council's consideration of the purchase of eight (8) tickets to attend. Sincerely, if Dino Fazio Founder & Co-Manager The charity event was renamed in memory of comedian, Rodney Pentland, who passed away in 2009 from complications related to kidney disease. Pentland, who grew up in Niagara Falls, continued to entertain crowds throughout his long battle with renal disease and was best known for his outstanding impressions of Robert DeNiro, Marlon Brando and Bill Cosby. To date, Komedy for Kidneys has raised nearly$50,000 in support of Dialysis Care in Niagara. Dean Iorfida From: Amanda <Amanda@wpsn.ca> Sent: Thursday, January 26, 2017 12:47 PM To: Dean Iorfida Subject: City Council Deputation Hello Dean I left a voicemail but I thought I would email you also incase it's easier to respond. I would like an opportunity to come and speak at City Council to request the fees to use the Gale Centre for our 40th Anniversary Book Riot sale to be waived. I look forward to hearing from you O Amanda WOMt ENS PEACE NOVA HOUSE • SERENITY PLACE Amanda Braet B.A., CFRE Development Director Women's Place of South Niagara Inc. www.womensplacesn.org PO Box 853, Niagara Falls, ON L2E 6V6 P:905-356-3933 ext. 240 I F:905-356-5522 falcebook Its quick and easy to support Women's Place. Make an online donation through Canada Helps This information is directed in confidence solely to the person named above and may not otherwise be distributed, copied or disclosed. Therefore, this information should be considered strictly confidential. If you have received this email in error, please notify the sender immediately via a return email for further direction. Avis de confidentialite : Les informations contenues dans ce courriel, y compris tous les documents qui y sont joints, sont pour I'usage exclusif du/des destinataire(s) designe(s) ; car elles peuvent etre de nature confidentielle et privilegiee. Toute revue, utilisation, divulgation ou distribution non autorisee est interdite. Si vous n'etes, pas le ou les destinataire(s) designe(s), veuillez immediatement en aviser l'expediteur par courriel et assurez-vous d'avoir detruit toutes les copies du message original. 1 ac/orenaGale servicesCentre is Special Event Contract Permit 4171 Fourth Avenue Printed:23 Jan 2017, 03:43 PM 4i) a s ri a 11s Niagara Falls, ON L2E 0A2 User:rm330 905-356-7521 Ext.5600 rentals@niagarafalls.ca www.niagarafalls.ca Contract#: 11825 User: rm330 Date: 23 Jan 2017 Status: Tentative Recreation&Culture, hereby grants Women's Place of South Niagara(hereinafter called the"Licensee")represented by Amanda Braet, permission to use the Facilities as outlined, subject to the Terms and Conditions of this Agreement contained herein and attached hereto all of which form part of this Agreement. iii)Date(s)and Time(s)of Use #of Bookings:10 Starting:Sat 27 May 17 10:00 AM Expected:0 Ending:Mon 05 Jun 17 06:00 PM Facility/Equipment Day Start Date Start Time End Date End Time Fee XFee Tax Total Gale Centre-Pad 1 -E.S.Fox Sat 27 May 2017 10:00 AM 27 May 2017 06:00 PM $568.48 $0.00 $73.90 $642.38 Gale Centre-Pad 1 -E.S. Fox Sun 28 May 2017 10:00 AM 28 May 2017 06:00 PM $568.48 $0.00 $73.90 $642.38 Gale Centre-Pad 1 -E.S.Fox Mon 29 May 2017 10:00 AM 29 May 2017 06:00 PM $568.48 $0.00 $73.90 $642.38 Gale Centre-Pad 1 -E.S. Fox Tue 30 May 2017 10:00 AM 30 May 2017 06:00 PM $568.48 $0.00 $73.90 $642.38 Gale Centre-Pad 1 -E.S. Fox Wed 31 May 2017 10:00 AM 31 May 2017 06:00 PM $568.48 $0.00 $73.90 $642.38 Gale Centre-Pad 1 -E.S.Fox Thu 01 Jun 2017 10:00 AM 01 Jun 2017 06:00 PM $568.48 $0.00 $73.90 $642.38 Gale Centre-Pad 1 -E.S. Fox Fri 02 Jun 2017 10:00 AM 02 Jun 2017 06:00 PM $568.48 $0.00 $73.90 $642.38 Gale Centre-Pad 1 -E.S.Fox Sat 03 Jun 2017 10:00 AM 03 Jun 2017 06:00 PM $568.48 $0.00 $73.90 $642.38 Gale Centre-Pad 1 -E.S.Fox Sun 04 Jun 2017 10:00 AM 04 Jun 2017 06:00 PM $568.48 $0.00 $73.90 $642.38 Gale Centre-Pad 1 -E.S.Fox Mon 05 Jun 2017 10:00 AM 05 Jun 2017 06:00 PM $568.48 $0.00 $73.90 $642.38 iv)Additional Fees v)Payment Method Rental Fees Extra Fees Tax Rental Total Damage Deposit Total Applied Balance Current $5,684.80 $0.00 $739.00 $6,423.80 $0.00 $0.00 $6,423.80 $0.00 Rental charges are due according to the following schedule: Date Amount Saturday,May 27,2017 $642.38 Sunday,May 28,2017 $642.38 Monday,May 29,2017 $642.38 Tuesday,May 30,2017 $642.38 Wednesday,May 31,2017 $642.38 Thursday,Jun 1,2017 $642.38 Friday,Jun 2,2017 $642.38 Saturday,Jun 3,2017 $642.38 Sunday,Jun 4,2017 $642.38 Monday,Jun 5,2017 $642.38 vi)Other Information Prompt Answer Attendance Insurance Yes SOP No Portable Washrooms No Portable Bleachers No Extended Hours No Page: 1 PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo To: Dean lorfida City Clerk From: Peggy Boyle Assistant Planner Ext. 4334 Date: January 26, 2017 Re: 2017 Heritage Week Proclamation At the Municipal Heritage Committee meeting on January 25, 2017 the following motion was adopted: "That Council is requested to proclaim the week of February 20-26, as Heritage Week 2017." As part of Heritage Week activities, a Heritage Event entitled "A Test of Time, Stamford, Elgin & Drummondville" is planned for Saturday February 18, 2017 at the Niagara Falls Public Library on Victoria Ave, where various heritage groups and the public will gather for a panel presentation about the history of the 3 communities that began the City of Niagara Falls, namely Elgin; Drummondville and Stamford. The event takes place from 1 pm to 4 pm. All Councilors are invited to attend. Heritage Recognition Awards will also be given out during the Heritage Event to three property owners recognizing their contribution in maintaining, restoring and rehabilitating heritage properties within the City: Landscape Merit — Oswald House, 2922 St. Paul Ave, owners Steven Bailey & David Fotheringham; Aesthetic Merit: - Art Moderne House, 5046 Third Avenue, owner Peter Donald Garand Architectural Merit — Oakes Garden Pergola Restoration, owner Niagara Parks Commission As the Municipal Heritage Committee recognizes the importance of the City's heritage, they welcome this week as a time to share their enthusiasm and excitement with the residents of Niagara Falls and hope to heighten the awareness of the City's heritage through events such as the Heritage Info Event at the Niagara Falls Public Library and would encourage all to attend. A proclamation is to be included in the Council agenda for February 14, 2017. A request has also been made to have the City's Official Town Crier, Patrick Siriani, come before Council to proclaim Heritage Week 2017 and also notify Council about the Heritage Event being held on February 18, as previously mentioned. A Great City ... For Generations To Come Since 1974, Heritage Canada, a national organization has recognized the third Monday in February as Heritage Day. In 1985, the Ontario government expanded the day to a full week in order to recognize Ontario's rich and diverse heritage. According to the Ontario Heritage Trust, many heritage-based organizations and municipalities have used the Heritage Day and Ontario Heritage Week as a vehicle to stimulate awareness of heritage resources and heritage related issues within their communities. To this end, the Municipal Heritage Committee would ask that Council proclaim the week of February 20-26, 2017 as Heritage Week in the City of Niagara Falls. PB:pb S:\HISTORY\HERITAGE\WEEK\2017\Memo to Clerk re Proclamation.docx A Great City ... For Generations To Come co 11- > cn CITY OF NIAGARA FALLS By-law No. 2017 - A by-law to appoint the Official Town Crier for the City of Niagara Falls. WHEREAS Niagara Falls City Council passed By-law 95-201 appointing an Official Town Crier for the City of Niagara Falls; and WHEREAS in 2016, Official Town Crier, Derek Tidd, retired; and WHEREAS the Arts Culture and Museum Committee held a competition, with a judging panel, to find a replacement, in conjunction with the 2016 Canada Day celebrations; and WHEREAS Patrick Siriani was the successful contestant; and WHEREAS approval of this by-law formalizes his appointment as Town Crier. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . The individual, as set out in Schedule "A" attached hereto, shall be appointed as the Official Town Crier for the City of Niagara Falls. 2. The effective date of the appointment is July 1, 2016. Passed this fourteenth day of February, 2017. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 14, 2017. Second Reading: February 14, 2017. Third Reading: February 14, 2017. SCHEDULE"A" To By-law No. 2017 - The following individual has been appointed as the Official Town Crier for the City of Niagara Falls: Patrick Siriani CITY OF NIAGARA FALLS By-law No. 2017- A by-law to provide for the adoption of Amendment No. 122 to the City of Niagara Falls Official Plan (AM-2016-015). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 122 to the City of Niagara,Falls Official Plan is hereby adopted. Passed this fourteenth day of February, 2017. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 14, 2017 Second Reading: February 14, 2017 Third Reading: February 14, 2017 S:\OFFICIAL.PLN\AMEND\#122-7000 Montrose Road\BYLAW 122.docx PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - Body of the Amendment, consisting of the following text and attached map, constitute Amendment No. 122 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment", shown on the map attached hereto, entitled "Map 1 to Amendment No. 122", shall be identified as Special Policy Area "69" on Schedule "A" to the Official Plan. 2. TEXT CHANGE PART 2, SECTION 13 - SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 13.69 SPECIAL POLICY AREA "69" Special Policy Area "69" applies to approximately 0.9 hectares of land with approximately 82 metres of frontage on Montrose Road, north of McLeod Road. The land is designated Major Commercial on Schedule "A" to the Official Plan. Notwithstanding the policies contained in Part 2, Section 3, Subsection3.5.3.2, this land may be developed for a retirement home with a maximum height of 6 storeys and a density of 167 units per hectare. S:\OFFICIAL.PLN\AMEND\#122-7000 MONTROSE ROAD\BODY.DOCX MAP 1 TO AMENDMENT NO. 122 SCHEDULE - A - TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change To Add: SPECIAL POLICY AREA "69" U I a v v ,N o W A c 4 v o � � - a McLeod Rd CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE - A - FUTURE LAND USE PLAN IIN Environmental Conservation Area Open Space W J� E Industrial =_=� Tourist Commercial 1tl Major Commercial 1:nts NOTE:This schedule forms part of Amendment No. 122 to the Official Plan for the City of Niagara Falls AM-2016-015 and it must be read in conjunction with the written text. K:\GIS_Requests\2016\Schedule\Zoning\15\Zoning.map December 2016 CITY OF NIAGARA FALLS By-law No. 2017 - A by-law to amend By-law Nos. 79-200 and 2010-133, to add a six storey, 150 unit retirement home as a permitted use on the Lands, subject to the removal of a holding (H) symbol (AM-2016-015). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by-law are described in Schedule 1 of this by-law and shall be referred to in this by-law as the "Lands". Schedule 1 is a part of this by-law. 2. The purpose of this by-law is to amend the provisions of By-law Nos. 79-200 and 2010- 133, to permit the use of the Lands in a manner that would otherwise be prohibited by those by-laws. In the case of any conflict between a specific provision of this by-law and any existing provision of By-law Nos. 79-200 and 2010-133, the provisions of this by-law are to prevail. 3. Notwithstanding any provision of By-law Nos. 79-200 and 2010-133 to the contrary, the following uses and regulations shall be the permitted uses and regulations governing the permitted uses on and of the Lands. 4. The permitted uses shall be: (a) A retirement home (b) The uses permitted in a GC zone 5. The regulations governing a retirement home use shall be: (a) Minimum lot area 0.9 hectares (b) Minimum lot frontage 80 metres (c) Minimum front yard depth 7.5 metres (d) Minimum rear yard depth 24 metres (e) Minimum interior side yard width (i) from the southerly lot line 6 metres (ii) from the northerly lot line 8 metres (f) Maximum number of private living units 150 (g) Maximum lot coverage 27% (h) Maximum height of a building or structure 25.5 metres (i) Maximum storeys 6 2 (j) Minimum landscaped open space 7.5 metres wide landscape strip along and beside the front lot line (k) Minimum number of loading spaces 1 6. The regulations governing the GC uses shall be: (a) Minimum front yard depth 6 metres (b) Minimum landscaped open space 6 metres wide landscape strip along and beside the front lot line (c) The balance of regulations specified for a GC use 7. All other applicable regulations set out in By-law No. 79-200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 8. No person shall use the Lands for a use that is not a permitted use. 9. No person shall use the Lands in a manner that is contrary to the regulations. 10. The holding (H) symbol that appears on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the Lands described in section 1 of this by-law and shown hatched and designated GC(H) and numbered 1034 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall file a Record of Site Condition with the Ministry of Environment with the consent of the Regional Municipality of Niagara and notify the City that any necessary financial contribution to the improvements to the Queen Elizabeth Way/McLeod Road interchange have been made. 11. The provisions of this by-law shall be shown on Sheet B5 of Schedule "A" of By-law No. 79-200 by redesignating the Lands from GC(H) and numbered 913 to GC(H) and numbered 1034. 12. Section 19 of By-law No. 79-200 is amended by adding thereto: 19.1.1034 Refer to By-law No. 2017-_ 13. None of the provisions of By-law No. 2010-133 shall continue to apply to the Lands. Passed this fourteenth day of February, 2017. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 14, 2017 Second Reading: February 14, 2017 Third Reading: February 14, 2017 S:\ZONING\AMS\2016\By-laws\Byam015.docx SCHEDULE 1 TO BY-LAW No. 2017- Subject Land //j / � �j f / 8.34m 1 8..73m 7 1 30.89m56 9q7 c d j' 'i�, i 4� GC(H), 1 E E / co I c 7 16.41m 1034 Y _ " j ��iJ 124.73m ra ✓J ----- r • +.) 1 -a N a) W 0 � N to z. --- a 1 i N / :l -_.__ . S McLeod Rd 1:nts Amending Zoning By-law No. 79-200 Description: Applicant: Look Revolution Inc Assessment #: 272509000642710 AM-2016-015 K:\GIS_Requests\2016\Schedule\Zoning\15\Zoning.map December 2016 CITY OF NIAGARA FALLS By-law No. 2017 - A by-law to establish Parts 2, 3, 6 and 7 on Registered Plan 59R-7977 as a public highway to be known as, and to form part of, Charnwood Avenue. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Parts 2, 3, 6 and 7 on Registered Plan 59R-7977, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Parts 2, 3, 6 and 7 on Registered Plan 59R-7977 in the City of Niagara Falls that are hereby established as a public highway, be known as and form part of Charnwood Avenue. Passed this fourteenth day of February, 2017. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 14, 2017. Second Reading: February 14, 2017. Third Reading: February 14, 2017. CITY OF NIAGARA FALLS By-law No. 2017 - A by-law to establish certain lands as a public highway to be known as, and to form part of, Huggins Street. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That parts of Township Lot 61, in the former Township of Stamford, more particularly described in Schedule "A" attached hereto and forming part of this by- law, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said parts of Township Lot 61 in the City of Niagara Falls that are hereby established as a public highway, be known as and form part of Huggins Street. Passed this fourteenth day of February, 2017. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 14, 2017. Second Reading: February 14, 2017. Third Reading: February 14, 2017. 2 SCHEDULE "A" to City of Niagara Falls By-law No. 2017- FIRSTLY: ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the Township of Stamford, in the County of Welland, and being composed of part of Lot #61, in the said Township, which is described as follows: PREMISING that the North 2 degrees 23 minutes West of Portage Road is astronomic and referring all bearings herein thereto: COMMENCING at a standard iron bar planted in the easterly limit of the said lot being the westerly limit of Portage Road North 4 degrees 25 minutes 30 second West 11.73 ft. from a point North 2 degrees 23 minutes West 723.10 ft. from a cut cross on a brick pillar, marking the said easterly limit of the said lot and the northerly limit of Colborne St. as said Street is shown on Plan No. 876, for the Township of Stamford, registered in the Registry Office for the Registry Division of the County of Welland in the Province of Ontario; THENCE South 84 degrees 52 minutes 30 seconds West a distance of 425.84 ft. to a standard iron bar planted; THENCE South 1 degree 40 minutes East 6.72 ft.; THENCE North 85 degrees 32 minutes 30 seconds East 426.14 ft. more or less to a point in the Easterly limit of said Lot; THENCE North 4 degrees 25 minutes 30 seconds West 11.73 ft. more or less to the point of commencement. CONTAINING by admeasurement an area of 0.090 acres, more or less. Being Part of PIN 64279-0305 (LT), as described in Instrument Number RO80614. SECONDLY: ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the Township of Stamford, in the County of Welland and composed of part of Lot 61 of the said Township and more particularly described as follows: COMMENCING at a point in the Eastern limit of said Lot 61, distant 668.77 feet measured North 1 degree and 51 minutes West along said Eastern limit from the cut cross, marking the intersection of said Eastern limit with the Northern limit of Colborne Street, as said street is shown on Registered Plan No. 876; THENCE North 1 degree and 51 minutes West still along said Eastern limit 23.43 feet; THENCE South 84 degrees and 02 minutes West 69.10 feet; THENCE South 55 degrees and 10 minutes West 43.18 feet; THENCE North 85 degrees 24 minutes and 30 seconds East 105.27 feet, more or less, to the point of commencement. 3 SUBJECT to a right-of-way described in an Agreement dated 16th March, 1925, between the grantor herein and Dominion Canners Limited and registered as No. 14779 for the Township of Stamford. The land above described has an area of .045 acre more or less and is shown edged in yellow on the attached Plan No. 203-6707. Being part of PIN 64279-0305 (LT), as described in Instrument Number RO83639. CITY OF NIAGARA FALLS By-law No. 2017 - A by-law to hereby authorize the execution of an Ontario Transfer Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Tourism, Culture and Sport for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") related to funding through the Ontario 150 Partnership Program to implement a teen mental wellness project. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement, in the form attached hereto, authorizing the Mayor and Clerk to execute an Ontario Transfer Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Tourism, Culture and Sport for the Province of Ontario (the "Ministry") and the City of Niagara Falls (the "Municipality") related to funding through the Ontario 150 Partnership Program to implement a teen mental wellness project, is hereby approved. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement and all other documents that may be required for the purpose of carrying out the intent of this by-law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this fourteenth day of February, 2017. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 14, 2017. Second Reading: February 14, 2017. Third Reading: February 14, 2017. ONTARIO TRANSFER PAYMENT AGREEMENT THE AGREEMENT is effective as of the 21st day of December, 2016 BETWEEN : Her Majesty the Queen in right of Ontario as represented by the Minister of Tourism, Culture and Sport (the "Province") - and - Corporation of the City of Niagara Falls (the "Recipient") CONSIDERATION In consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 This Agreement, including: Schedule "A" - General Terms and Conditions Schedule "B" - Project Specific Information and Additional Provisions Schedule "C" - Project Description Schedule "D" - Budget Schedule "E" - Payment Plan Schedule "F" - Reports Schedule "G" - Communications Protocol, and any amending agreement entered into as provided for below, constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. TP Agreement Template-VERSION September 9,2016 1 2.0 COUNTERPARTS 2.1 The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 3.0 AMENDING THE AGREEMENT 3.1 The Agreement may only be amended by a written agreement duly executed by the Parties. 4.0 ACKNOWLEDGEMENT 4.1 The Recipient acknowledges that: (a) by receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario), the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario); (b) Her Majesty the Queen in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the Broader Public Sector Accountability Act, 2010 (Ontario); (c) the Funds are: (i) to assist the Recipient to carry out the Project and not to provide goods or services to the Province; (ii) funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario); (d) the Province is not responsible for carrying out the Project; and (e) the Province is bound by the Freedom of Information and Protection of Privacy Act(Ontario) and that any information provided to the Province in connection with the Project or otherwise in connection with the Agreement may be subject to disclosure in accordance with that Act. - SIGNATURE PAGE FOLLOWS - File Number:2016-08-1-436419817 2 The Parties have executed the Agreement on the dates set out below. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Tourism, Culture and Sport Date Zenia Wadhwani Executive Director, Ontario150 Secretariat Corporation of the City of Niagara Falls Date Name: Title: I have authority to bind the Recipient. Date Name: Title: I have authority to bind the Recipient. Ale Number:2016-08-1-436419817 3 SCHEDULE "A" GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a) words in the singular include the plural and vice-versa; (b) words in one gender include all genders; (c) the headings do not form part of the Agreement; they are for reference only and will not affect the interpretation of the Agreement; (d) any reference to dollars or currency will be in Canadian dollars and currency; and (e) "include", "includes" and "including" denote that the subsequent list is not exhaustive. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: "Additional Provisions" means the terms and conditions referred to in section A9.1 and as specified in Schedule "B". "Agreement" means this agreement entered into between the Province and the Recipient and includes all of the schedules listed in section 1.1 and any amending agreement entered into pursuant to section 3.1. "Budget" means the budget attached to the Agreement as Schedule "D". "Business Day" means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year's Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. "Effective Date" means the date set out at the top of the Agreement. "Event of Default" has the meaning ascribed to it in section A14.1. "Expiry Date" means the date on which the Agreement will expire and is the date provided for in Schedule "B". File Number:2016-08-1-436419817 4 "Funding Year" means: (a) in the case of the first Funding Year, the period commencing on the Effective Date and ending on the following March 31; and (b) in the case of Funding Years subsequent to the first Funding Year, the period commencing on April 1 following the end of the previous Funding Year and ending on the following March 31. "Funds" means the money the Province provides to the Recipient pursuant to the Agreement. "Indemnified Parties" means Her Majesty the Queen in right of Ontario, Her ministers, agents, appointees, and employees. "Maximum Funds" means the maximum amount the Province will provide the Recipient under the Agreement as provided for in Schedule "B". "Notice" means any communication given or required to be given pursuant to the Agreement. "Notice Period" means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section 14.3(b), and includes any such period or periods of time by which the Province extends that time in accordance with section A14.4. "Parties" means the Province and the Recipient. "Party" means either the Province or the Recipient. "Project" means the undertaking described in Schedule "C". "Reports" means the reports described in Schedule "F". A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A2.1 General. The Recipient represents, warrants, and covenants that: (a) it is, and will continue to be, a validly existing legal entity with full power to fulfill its obligations under the Agreement; (b) it has, and will continue to have, the experience and expertise necessary to carry out the Project; File Number:2016-08-1-436419817 5 (c) it is in compliance with, and will continue to comply with, all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules, and by-laws related to any aspect of the Project, the Funds, or both; and (d) unless otherwise provided for in the Agreement, any information the Recipient provided to the Province in support of its request for funds (including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to be true and complete. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a) the full power and authority to enter into the Agreement; and (b) taken all necessary actions to authorize the execution of the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a) a code of conduct and ethical responsibilities for all persons at all levels of the Recipient's organization; (b) procedures to enable the Recipient's ongoing effective functioning; (c) decision-making mechanisms for the Recipient; (d) procedures to enable the Recipient to manage Funds prudently and effectively; (e) procedures to enable the Recipient to complete the Project successfully; (f) procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; (g) procedures to enable the preparation and submission of all Reports required pursuant to Article A7.0; and (h) procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out its obligations under the Agreement. A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in this Article A2.0. File Number:2016-08-1-436419817 6 A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article Al2.0, Article A13.0, or Article A14.0. A4.0 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a) provide the Recipient up to the Maximum Funds for the purpose of carrying out the Project; (b) provide the Funds to the Recipient in accordance with the Payment Plan attached to the Agreement as Schedule "E"; and (c) deposit the Funds into an account designated by the Recipient provided that the account: (i) resides at a Canadian financial institution; and (ii) is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1: (a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to section A11.2; (b) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; (c) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province's assessment of the information the Recipient provides to the Province pursuant to section A7.1; and (d) if, pursuant to the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may: (i) reduce the amount of Funds and, in consultation with the Recipient, change the Project; or (ii) terminate the Agreement pursuant to section A13.1. File Number:2016-08-1-436419817 7 A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a) carry out the Project; (b) use the Funds only for the purpose of carrying out the Project; (c) spend the Funds only in accordance with the Budget; (d) not use the Funds to cover any cost that has or will be funded or reimbursed by one or more of any third party, ministry, agency, or organization of the Government of Ontario. A4.4 Interest Bearing Account. If the Province provides Funds before the Recipient's immediate need for the Funds, the Recipient will place the Funds in an interest bearing account in the name of the Recipient at a Canadian financial institution. A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may: (a) deduct an amount equal to the interest from any further instalments of Funds; or (b) demand from the Recipient the repayment of an amount equal to the interest. A4.6 Maximum Funds. The Recipient acknowledges that the Funds available to it pursuant to the Agreement will not exceed the Maximum Funds. A4.7 Rebates, Credits, and Refunds. The Recipient acknowledges that the amount of Funds available to it pursuant to the Agreement is based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A5.0 RECIPIENT'S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will: (a) do so through a process that promotes the best value for money; and (b) comply with the Broader Public Sector Accountability Act, 2010 (Ontario), including any procurement directive issued thereunder, to the extent applicable. File Number:2016-08-1-436419817 8 A5.2 Disposal. The Recipient will not, without the Province's prior written consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount as provided for in Schedule "B" at the time of purchase. A6.0 CONFLICT OF INTEREST A6.1 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest. A6.2 Conflict of Interest Includes. For the purposes of this Article, a conflict of interest includes any circumstances where: (a) the Recipient; or (b) any person who has the capacity to influence the Recipient's decisions, has outside commitments, relationships, or financial interests that could, or could be seen to, interfere with the Recipient's objective, unbiased, and impartial judgment relating to the Project, the use of the Funds, or both. A6.3 Disclosure to Province. The Recipient will: (a) disclose to the Province, without delay, any situation that a reasonable person would interpret as an actual, potential, or perceived conflict of interest; and (b) comply with any terms and conditions that the Province may prescribe as a result of the disclosure. A7.0 REPORTS, ACCOUNTING, AND REVIEW A7.1 Preparation and Submission. The Recipient will: (a) submit to the Province at the address referred to in section A18.1, all Reports in accordance with the timelines and content requirements provided for in Schedule "F", or in a form as specified by the Province from time to time; (b) submit to the Province at the address referred to in section A18.1, any other reports as may be requested by the Province in accordance with the timelines and content requirements specified by the Province; (c) ensure that all Reports and other reports are completed to the satisfaction of the Province; and File Number:2016-08-1-436419817 9 (d) ensure that all Reports and other reports are signed on behalf of the Recipient by an authorized signing officer. A7.2 Record Maintenance. The Recipient will keep and maintain: (a) all financial records (including invoices) relating to the Funds or otherwise to the Project in a manner consistent with generally accepted accounting principles; and (b) all non-financial documents and records relating to the Funds or otherwise to the Project. A7.3 Inspection. The Province, any authorized representative, or any independent auditor identified by the Province may, at the Province's expense, upon twenty- four hours' Notice to the Recipient and during normal business hours, enter upon the Recipient's premises to review the progress of the Project and the Recipient's allocation and expenditure of the Funds and, for these purposes, the Province, any authorized representative, or any independent auditor identified by the Province may take one or more of the following actions: (a) inspect and copy the records and documents referred to in section A7.2; (b) remove any copies made pursuant to section A7.3(a) from the Recipient's premises; and (c) conduct an audit or investigation of the Recipient in respect of the expenditure of the Funds, the Project, or both. A7.4 Disclosure. To assist in respect of the rights provided for in section A7.3, the Recipient will disclose any information requested by the Province, any authorized representatives, or any independent auditor identified by the Province, and will do so in the form requested by the Province, any authorized representative, or any independent auditor identified by the Province, as the case may be. A7.5 No Control of Records. No provision of the Agreement will be construed so as to give the Province any control whatsoever over the Recipient's records. A7.6 Auditor General. For greater certainty, the Province's rights under this Article are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act (Ontario). File Number:2016-08-1-436419817 10 A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless otherwise directed by the Province, the Recipient will: (a) acknowledge the support of the Province for the Project; and (b) ensure that the acknowledgement referred to in section A8.1(a) is in a form and manner as directed by the Province. A8.2 Publication. The Recipient will indicate, in any of its Project-related publications, whether written, oral, or visual, that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. A9.0 FURTHER CONDITIONS A9.1 Additional Provisions. The Recipient will comply with any Additional Provisions. In the event of a conflict or inconsistency between any of the requirements of the Additional Provisions and any requirements of this Schedule "A", the Additional Provisions will prevail. A10.0 INDEMNITY A10.1 Indemnification. The Recipient hereby agrees to indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages, and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits, or other proceedings, by whomever made, sustained, incurred, brought, or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Indemnified Parties. A10.2 Recipient's Participation. The Recipient will, at its expense, to the extent requested by the Province, participate in or conduct the defence of any proceeding against any Indemnified Parties and any negotiations for their settlement. File Number:2016-08-1-436419817 11 A10.3 Province's Election. The Province may elect to participate in or conduct the defence of any proceeding by providing Notice to the Recipient of such election without prejudice to any other rights or remedies of the Province under the Agreement, at law, or in equity. Each Party participating in the defence will do so by actively participating with the other's counsel. A10.4 Settlement Authority. The Recipient will not enter into a settlement of any proceeding against any Indemnified Parties unless the Recipient has obtained the prior written approval of the Province. If the Recipient is requested by the Province to participate in or conduct the defence of any proceeding, the Province will co-operate with and assist the Recipient to the fullest extent possible in the proceeding and any related settlement negotiations. A10.5 Recipient's Co-operation. If the Province conducts the defence of any proceedings, the Recipient will co-operate with and assist the Province to the fullest extent possible in the proceedings and any related settlement negotiations A11.0 INSURANCE A11.1 Recipient's Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than the amount provided for in Schedule "B" per occurrence. The policy will include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and (d) a 30-day written notice of cancellation. A11.2 Proof of Insurance. The Recipient will: (a) provide to the Province, either: (i) certificates of insurance that confirm the insurance coverage as provided for in section A11.1; or (ii) other proof that confirms the insurance coverage as provided for in section A11.1; and File Number:2016-08-1-436419817 12 (b) upon the request of the Province, provide to the Province a copy of any insurance policy. Al2.0 TERMINATION ON NOTICE Al2.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving at least 30 days' Notice to the Recipient. Al2.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section Al2.1, the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; (b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and (c) determine the reasonable costs for the Recipient to wind down the Project, and do either or both of the following: (i) permit the Recipient to offset such costs against the amount the Recipient owes pursuant to section Al2.2(b); and (ii) subject to section A4.7, provide Funds to the Recipient to cover such costs. A13.0 TERMINATION WHERE NO APPROPRIATION A13.1 Termination Where No Appropriation. If, as provided for in section A4.2(d), the Province does not receive the necessary appropriation from the Ontario Legislature for any payment the Province is to make pursuant to the Agreement, the Province may terminate the Agreement immediately without liability, penalty, or costs by giving Notice to the Recipient. A13.2 Consequences of Termination Where No Appropriation. If the Province terminates the Agreement pursuant to section A13.1, the Province may take one or more of the following actions: (a) cancel all further instalments of Funds; (b) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; and File Number:2016-08-1-436419817 13 (c) determine the reasonable costs for the Recipient to wind down the Project and permit the Recipient to offset such costs against the amount owing pursuant to section A13.2(b). A13.3 No Additional Funds. For greater clarity, if the costs determined pursuant to section A13.2(c) exceed the Funds remaining in the possession or under the control of the Recipient, the Province will not provide additional Funds to the Recipient. A14.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A14.1 Events of Default. Each of the following events will constitute an Event of Default: (a) in the opinion of the Province, the Recipient breaches any representation, warranty, covenant, or other material term of the Agreement, including failing to do any of the following in accordance with the terms and conditions of the Agreement: (i) carry out the Project; (ii) use or spend Funds; or (iii) provide, in accordance with section A7.1, Reports or such other reports as may have been requested pursuant to section A7.1(b); (b) the Recipient's operations, or its organizational structure, changes such that it no longer meets one or more of the eligibility requirements of the program under which the Province provides the Funds; (c) the Recipient makes an assignment, proposal, compromise, or arrangement for the benefit of creditors, or a creditor makes an application for an order adjudging the Recipient bankrupt, or applies for the appointment of a receiver; or (d) the Recipient ceases to operate. A14.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a) initiate any action the Province considers necessary in order to facilitate the successful continuation or completion of the Project; (b) provide the Recipient with an opportunity to remedy the Event of Default; File Number:2016-08-1-436419817 14 (c) suspend the payment of Funds for such period as the Province determines appropriate; (d) reduce the amount of the Funds; (e) cancel all further instalments of Funds; (f) demand the repayment of any Funds remaining in the possession or under the control of the Recipient; (g) demand the repayment of an amount equal to any Funds the Recipient used, but did not use in accordance with the Agreement; (h) demand the repayment of an amount equal to any Funds the Province provided to the Recipient; and (i) terminate the Agreement at any time, including immediately, without liability, penalty or costs to the Province upon giving Notice to the Recipient. A14.3 Opportunity to Remedy. If, in accordance with section A14.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will provide Notice to the Recipient of: (a) the particulars of the Event of Default; and (b) the Notice Period. A14.4 Recipient not Remedying. If the Province has provided the Recipient with an opportunity to remedy the Event of Default pursuant to section A14.2(b), and: (a) the Recipient does not remedy the Event of Default within the Notice Period; (b) it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c) the Recipient is not proceeding to remedy the Event of Default in a way that is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A14.2(a), (c), (d), (e), (f), (g), (h), and (i). A14.5 When Termination Effective. Termination under this Article will take effect as provided for in the Notice. File Number:2016-08-1-436419817 15 A15.0 FUNDS AT THE END OF A FUNDING YEAR A15.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A14.0, if the Recipient has not spent all of the Funds allocated for the Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a) demand the return of the unspent Funds; and (b) adjust the amount of any further instalments of Funds accordingly. A16.0 FUNDS UPON EXPIRY A16.1 Funds Upon Expiry. The Recipient will, upon expiry of the Agreement, return to the Province any Funds remaining in its possession or under its control. A17.0 REPAYMENT A17.1 Repayment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a) deduct an amount equal to the excess Funds from any further instalments of Funds; or (b) demand that the Recipient pay an amount equal to the excess Funds to the Province. A17.2 Debt Due. If, pursuant to the Agreement: (a) the Province demands the payment of any Funds or an amount equal to any Funds from the Recipient; or (b) the Recipient owes any Funds or an amount equal to any Funds to the Province, whether or not their return or repayment has been demanded by the Province, such Funds or other amount will be deemed to be a debt due and owing to the Province by the Recipient, and the Recipient will pay or return the amount to the Province immediately, unless the Province directs otherwise. A17.3 Interest Rate. The Province may charge the Recipient interest on any money owing by the Recipient at the then current interest rate charged by the Province of Ontario on accounts receivable. File Number:2016-08-1-436419817 16 A17.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the "Ontario Minister of Finance" and delivered to the Province as provided for in Schedule "B". A17.5 Fails to Repay. Without limiting the application of section 43 of the Financial Administration Act(Ontario), if the Recipient fails to repay any amount owing under the Agreement, Her Majesty the Queen in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by Her Majesty the Queen in right of Ontario. A18.0 NOTICE A18.1 Notice in Writing and Addressed. Notice will be in writing and will be delivered by email, postage-prepaid mail, personal delivery, or fax, and will be addressed to the Province and the Recipient respectively as provided for Schedule "B", or as either Party later designates to the other by Notice. A18.2 Notice Given. Notice will be deemed to have been given: (a) in the case of postage-prepaid mail, five Business Days after the Notice is mailed; or (b) in the case of email, personal delivery, or fax, one Business Day after the Notice is delivered. A18.3 Postal Disruption. Despite section Al8.2(a), in the event of a postal disruption: (a) Notice by postage-prepaid mail will not be deemed to be received; and (b) the Party giving Notice will provide Notice by email, personal delivery, or fax. A19.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A19.1 Consent. When the Province provides its consent pursuant to the Agreement, it may impose any terms and conditions on such consent and the Recipient will comply with such terms and conditions. A20.0 SEVERABILITY OF PROVISIONS A20.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision will be deemed to be severed. File Number:2016-08-1-436419817 17 A21.0 WAIVER A21.1 Waivers in Writing. If a Party fails to comply with any term of the Agreement, that Party may only rely on a waiver of the other Party if the other Party has provided a written waiver in accordance with the Notice provisions in Article A18.0. Any waiver must refer to a specific failure to comply and will not have the effect of waiving any subsequent failures to comply. A22.0 INDEPENDENT PARTIES A22.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is, or take any actions that could establish or imply such a relationship. A23.0 ASSIGNMENT OF AGREEMENT OR FUNDS A23.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A23.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on the Parties' respective heirs, executors, administrators, successors, and permitted assigns. A24.0 GOVERNING LAW A24.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A25.0 FURTHER ASSURANCES A25.1 Agreement into Effect. The Recipient will provide such further assurances as the Province may request from time to time with respect to any matter to which the Agreement pertains, and will otherwise do or cause to be done all acts or things necessary to implement and carry into effect the terms and conditions of the Agreement to their full extent. A26.0 JOINT AND SEVERAL LIABILITY A26.1 Joint and Several Liability. Where the Recipient is comprised of more than one entity, all such entities will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. File Number:2016-08-1-436419817 18 A27.0 RIGHTS AND REMEDIES CUMULATIVE A27.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A28.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A28.1 Other Agreements. If the Recipient: (a) has failed to comply with any term, condition, or obligation under any other agreement with Her Majesty the Queen in right of Ontario or one of Her agencies (a "Failure"); (b) has been provided with notice of such Failure in accordance with the requirements of such other agreement; (c) has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d) such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A29.0 SURVIVAL A29.1 Survival. The following Articles and sections, and all applicable cross- referenced sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 3.0, Article A1.0 and any other applicable definitions, sections A4.2(d), A4.5, section A5.2, section A7.1 (to the extent that the Recipient has not provided the Reports or other reports as may have been requested to the satisfaction of the Province), sections A7.2, A7.3, A7.4, A7.5, A7.6, Article A8.0, Article A10.0, sections Al2.2, sections A13.2, A13.3, sections A14.1, A14.2(d), (e), (f), (g) and (h), Article A16.0, Article A17.0, Article A18.0, Article A20.0, section A23.2, Article A24.0, Article A26.0, Article A27.0, Article A28.0 and Article A29.0. - END OF GENERAL TERMS AND CONDITIONS - File Number:2016-08-1-436419817 19 SCHEDULE "B" PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds $77,550 Expiry Date May 28, 2018 Amount for the purposes $1,000 of section A5.2 (Disposal) of Schedule "A" Insurance $ 2,000,000 Contact information for the Jennifer Hay, Regional Advisor purposes of Notice to the Ministry of Tourism, Culture and Sport Province 301 St. Paul Street, 9th Floor St. Catharines, ON L2R 7R4 905-704-3951 Jennifer.Hay(a�ontario.ca Contact information for the Beth Angle, Community Development Coordinator purposes of Notice to the Corporation of the City of Niagara Falls Recipient 4310 Queen Street, PO Box 1023 L2E 6X5 905-356-7521 ext. 3336 bangleniagarafalls.ca Additional Provisions: 1. The Recipient will comply with the Additional Provisions provided for in the Communications Protocol, attached to the Agreement as Schedule G. 2. For the purposes of section A8.2, a written publication includes any project- related communications, in print or digital formats. For clarity, the Recipient is not required to include the disclaimer statement in any materials that are strictly factual and/or promotional in nature, or in information shared on social media platforms such as Twitter, unless specifically requested by the Province. File Number:2016-08-1-436419817 20 SCHEDULE "C" PROJECT DESCRIPTION BACKGROUND The Province will provide Maximum Funds of up to $77,550 to the Recipient to support MYAC Legacy Project- 150 and Beyond! Building healthy people, to be held in Niagara Falls. PROJECT OBJECTIVE This project will support "MYAC Legacy Project— 150 and beyond! Building healthy people", a mental wellness and resilience initiative that will engage 200 secondary school youth aged 14-18. The Mayor's Youth Advisory Committee will partner with school boards, public health and mental health organizations to deliver the project, which will include a Wellness Summit for youth, an evening event for families, and the establishment of a permanent wellness committee under the Mayor's Youth Advisory Committee. PROJECT SCOPE The project will focus on mental wellness and building resilience in secondary school- aged students. This project will help youth to build skills and develop tools needed to cope with stress, change, and regular everyday challenges. The project will be made up of several components: 1. A Wellness Summit for 200 students (40 students from each of the five local high schools), adult allies from schools and representatives from local mental health organizations. 2. An evening keynote speaker event to engage 100 family members of youth. 4. Promotion of 211 as the 'one stop shop' for connecting to mental health support. 5. Establishment of a wellness committee under the umbrella of the Mayor's Youth Advisory Committee, and a network of 50 students who attended the wellness summit to serve as mental health advocates in the five high schools. 6. Creation and distribution of materials to high school students, to promote mental health awareness and the new wellness committee. A steering committee will work with the Mayor's Youth Advisory Committee of Niagara Falls on all aspects of the project, including planning the Wellness Summit and family keynote speaker event, and supporting the development of a wellness committee and student mental wellness advocates. TIMELINES MYAC Legacy Project- 150 and Beyond! Building healthy people will run from January 1, 2017 to December 29, 2017. File Number:2016-08-1-436419817 21 SCHEDULE "D" BUDGET The Ministry of Tourism, Culture and Sport will provide Maximum Funds of$77,550 to the Recipient to carry out MYAC Legacy Project - 150 and Beyond!Building healthy people. These Funds may be used to support the Project funded expenses detailed in the following table. Maximum Funds will not exceed 75% of Project's eligible costs as indicated in the table below. PROJECT EXPENSES ITEM ITEM EXPENSE FUNDED AMOUNT ELIGIBLE EXPENSES Venue Rental: Scotia Bank Convention Centre- $7,100 $7,100 theatre for day and evening plenaries, large room,fee to provide free parking for attendees Wellness Summit food and snacks: on-site food $13,000 $13,000 provider for day and evening sessions Bus Transportation to summit for students $750 $750 Five Wellness Speakers $2,500 $2,500 Daytime and evening keynote speakers (speaker $16,500 $15,298 fee and travel/accommodation) Creation, production and distribution of materials $40,000 $36,602 to promote mental health awareness and the new wellness committee to students at all five local high schools Meeting supplies (refreshments and materials for $1,800 $1,800 12 meetings) Mental Wellness student projects developed and $5,000 $500 led by Wellness Committee ($1,000/school) Miscellaneous $500 $0 Steering Committee and Adult Ally Time $5,400 $0 MYAC and Student Champion Volunteer Time $7,920 $0 In-house design and printing (brochures, $3,000 $0 promotional materials, minutes, evaluations, planning materials etc.) INELIGIBLE EXPENSES Community Development Coordinator Wages $15,750 $0 TOTAL $119,220 $77,550 Ineligible Project Expenses include: • Contributions to funding drives or campaigns. • Activities completed or costs incurred prior to application approval. • Core administrative and overhead costs, such as rent, telephone and communication lines/services, computers, utilities, maintenance costs and any operational expenses File Number:2016-08-1-436419817 22 related to an organization's ongoing activities. • Budget deficits. • Permanent staff salaries. • Capital costs related to permanent structures (e.g., materials, labour, vehicles, land acquisition, purchase of equipment for project construction, computers, etc.) • Refundable Harmonized Sales Tax or other refundable expenses (e.g., security deposits, etc.). File Number:2016-08-1-436419817 23 SCHEDULE "E" PAYMENT PLAN The Province will provide Maximum Funds to the Recipient in installments as outlined in the table following. PAYMENT DATE OR MILESTONE AMOUNT Upon execution of this Agreement $69,795 by both parties Upon submission of the Project $7,755 Final Report by March 29, 2018 and approval by the Province File Number:2016-08-1-436419817 24 SCHEDULE "F" REPORTS Name of Report Due Date Project Final Report March 29, 2018. Report Details The Project Final Report will include the following items: (a) Particulars of how the Communications Protocol has been implemented or applied; (b) Copies of the following materials: • A summary of all invoices for costs associated with your Project as laid out in Schedule "D" of this Agreement. • A description of all Government of Ontario acknowledgements, including all materials that identify and describe your Project. • Reports and publications produced as part of your Project, including media summaries, economic impact studies, and visitor surveys; (c) a Board-endorsed or Treasurer-certified financial statement which accounts for total Project cash operating expenses and Project revenues and expenditures; (d) a representation letter from the Recipient's Chief Financial Officer or most senior official confirming that Funds were used only for eligible Project expenses; (e) Reporting on the following ministry-provided performance metrics: • # of new youth participants • # of diverse youth engaged, including indigenous, francophone, ethno cultural, LGBTQ, low-income, and rural communities, and persons with disabilities • # of individual participation opportunities (each time activity is undertaken, (e.g., 12 persons in a 10 week program once per week counts as 120 participation opportunities) • # of new partnerships developed within sectors and directly involved in the project • # of new cross-sectoral partnerships developed and directly involved in the project • # of new strategies, plans and resources developed and implemented which will increase youth benefits (f) Reporting on the following applicant-provided performance metrics: File Number:2016-08-1-436419817 25 • # of student champions who volunteer to become mental wellness advocates at their schools • # of youth recruited as members of the new city-wide Wellness Committee • # of family members who attend the evening speaking engagement (g) any other details that may be requested by the Province. File Number:2016-08-1-436419817 26 SCHEDULE "G" COMMUNICATIONS PROTOCOL DEFINITIONS For the purpose of the communications protocol set out in this schedule: "Public communications" includes all material that is communicated to the public, either directly or through the media and addresses communications activities such as: • Advertising creative costs. • Media relations and communications including broadcast, print, electronic, web, and social media • Stakeholder and Community relations, including public information and stakeholder consultation • Marketing, advertising and promotions • Public relations, including speaking engagements and events • Public inquiry and correspondence • Visual Identity and branding A "contentious issue" means a matter that may reasonably be expected to be of concern to the Legislative Assembly or the public, and could result in inquiries directed to a minister or government. They may be raised by: • Visual Identity and branding • Members of Provincial Parliament • The public • Media • Stakeholders • Service delivery partners ACKNOWLEDGEMENT OF SUPPORT The Recipient must publicly acknowledge the support of the Province in a form and manner as directed by the Province, and without limiting the foregoing, the Recipient shall in a form and manner as approved by the Province: (a) Acknowledge the Province and Ontario150 in all public communication materials in both English and French; (b) Provide an opportunity for Ontario representatives to speak at key program events supported by provincial funding (e.g. Minister(s) or designates); File Number:2016-08-1-436419817 27 (c) Acknowledge the Province and Ontario150 in media interviews and announcements; and (d) Acknowledge the Province and Ontario150 upon completion of the Project. VISIBILITY The Recipient shall acknowledge the Province's support by incorporating Ontario150 logos prominently into the Recipient's communications, marketing and promotional materials and activities in accordance with the Ontario150 branding tool-kit and guidelines. The acknowledgement of the Province's support will be given prominence that is comparable with the acknowledgment provided to other Project funders (i.e. on par with federal, provincial or municipal government funders). PRINCIPLES The Recipient will make the Province aware of contentious issues and vice versa. The Recipient will share relevant communications material with the Province in advance in order to fact check and/or approve where requested by the Province. The Recipient must provide the Province with at least two weeks' notice prior to any public announcement related to the Project. File Number:2016-08-1-436419817 28 1111,11.,1 1x UgQf 1 ,'� 1} 'CA A NIAGARA F CO THE CORPORATION OF THE CITY OF NIAGARA FALLS BY-LAW Number 2017 - A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Parking Prohibited, Through Highways, Stop Signs at Intersections) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By-law No. 89-2000, as amended, is hereby further amended (a) by removing from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Fredrica St. South Glenholme Ave. and a point 30 m West At any time of Prince Edward Ave. Fredrica St. North Glenholme Ave. and Prince Edward Ave. At any time (b) by adding to the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Frederica Street South Prince Edward Avenue and a point 30 metres At All Times west of Prince Edward Avenue (c) by removing from the specified columns of Schedule N thereto the following item: THROUGH HIGHWAYS COLUMN 1 COLUMN 2 HIGHWAY SIDE Dorchester Rd. South limit of Jill Dr. and the west limit of Stanley Av. (d) by adding to the specified columns of Schedule N thereto the following item: THROUGH HIGHWAYS COLUMN 1 COLUMN 2 HIGHWAY SIDE Dorchester Road South limit of Jill Drive and the north limit of Oldfield Road (e) by removing from the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Dorchester Road & Oldfield Road Westbound on Oldfield Road (f) by adding to the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Dorchester Road & Oldfield Road Southbound on Dorchester Road This By-law shall come into force when the appropriate signs are installed or removed. Passed this fourteenth day of February, 2017. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 14, 2017 Second Reading: February 14, 2017 Third Reading: February 14,2017 CITY OF NIAGARA FALLS By-law No. 2016 - A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule "C", and that Schedule "C" attached hereto shall be inserted in lieu thereof. Passed this 14th day of February, 2017. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 14, 2017. Second Reading: February 14, 2017. Third Reading: February 14, 2017. SCHEDULE "C" Parking By-law Enforcement Officers: Marzenna Carrick Marianne Catherwood Julio Cavaliere Bob Chambers Joe Corradi Bill Crowder Mario Digianni Larry Downing Bill Durfy John Garvie Lou Hussey Norm Leonard William Bruce Lewies John MacLeod Robert Mascia Tyler Oaks-Stec Stewart Rodgers Philip Rudachuk Chris Russell Kyle Scott Dave Simpson Anderson St-Valle Randy Tait Natalie Watson CITY OF NIAGARA FALLS By-law No. 2017 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 14th day of February, 2017. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 14th day of February, 2017 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this fourteenth day of February, 2017. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: February 14, 2017 Second Reading: February 14, 2017 Third Reading: February 14, 2017