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2007/02/28 - Regional Council Information *for period ended February 28, 2007* *Regional* 1. Water & Sewage 2. Interim Levy 3. Good General Agricultural Policies - N. Falls OP 4. Smarter Niagara Incentives 5. Special Events Recycling 6. Niagara Specialized Transit 7. Joint Board of Management! POA 8. Regional Council Highlights 9. Police Services Board Report 10. Fort Erie Creek Watershed Plan Co P "\ (2. b "'. t B " Niagara ~ Region PUBLIC WORKS 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 -P~f4Scf9...t8Q.fBit3 :POP@;Bt~trJ:li@-263-7215 Fax: 905-687-8056 www.regional.niagara.on.ca March 1, 2007 Mr. Dean lorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida: For the information of your municipality, please find attached the fol/owing reports, which were received and accepted by our Planning and Public Works Committee at its meeting of February 21, 2007 and will be presented to Regional Council for ratification on March 1: · PWP 10-2007 - Water and Sewage Quantities by Municipality, Report for Third Quarter 2006 · PWP 11-2007 - 2006 Summary and 4th Quarter Report for Water & Sewage Yours truly )?~ Rita Barany Administrative Assistant to the Commissioner of Public Works EncIs. Building Community. Building Lives. Niagara 1IY6' Region REPORT TO: THE REGIONAL MUNICIPALITY OF NIAGARA PWP 10-2007 February 21, 2007 Climate in the Niagara Region has a significant impact upon potable water demand and sewage generation. The Water & Wastewater division provides a quarterly status on precipitation as wel/ as actual water and wastewater volumes treated. Extended dry periods often give rise to an enhanced water demand while wet periods give rise to an increase in sewage generation (due to the influx of extraneous flows via inflow and infiltration) and resulting wet weather flows. Co-Chairs and Members of the Planning and PUblic Works Committee SUBJECT: Water and Sewage Quantities By Municipality - Report for 3rd Quarter 2006 The water demand and wastewater flows have been provided in this 3rd quarter 2006 report and are summarized in the fol/owing figure: RECOMMENDATION(S) That this report be received for information. EXECUTIVE SUMMARY Actual VS Projected Revenue To Date 2006 '- Q) - '" ~ Q) - tn ~ ~ '- Q) - ~ ,~~.;;;.;,w,;;;,~.~........~~ '~~~"~~~~~~'~'~''''''''''''~ ,~,~~~~,~~,~" ~~"'.,~~,~~~"" ~,:":.~,,,~~, . 3'.55' 737 $0 ".000.000 '''.000.000 '15.000.000 $20.000.000 $25.000.000 '$0.000.000 $35.000.000 $40.000.000 $45.000.000 $40,667,7 0 PWP 10-2007 February 21,2007 The 3rd quarter data indicates water flows to be significantly less than expected when compared to the projections. Wastewater flows were slightly below projected amounts. Between the two services, theoretical revenues would be $2,160,393.00 below the amount budgeted in 2006 for the 3rd quarter. For the year, to the end of September, the difference between the two services would be $7,532,001.00 below the projected amounts for 2006. FINANCIAL IMPLICATIONS The uniform wholesale water and sewer rate is determined largely based on annual revenue. Actual water and wastewater flows directly impact upon revenues. For this reason, the financial summary is provided with each quarterly report. Flow projections were established based on recommendations in the Master Servicing Plan. Water flows in this quarter were significantly below projected amounts. The difference between the actual flows amounts and the projected amounts for the quarter amounted to 18.1 % or 4.207 million cubic meters less than projected volumes, translating to a shortage of $2,065,659.00 for the quarter. Wastewater or sewage flows in this quarter were slightly below the projected volumes. The decrease amounts to 0.8% or 0.156 million cubic meters less than the projected amount, resulting in a revenue shortage of $94,735.00 for the quarter. It is important to note that through the course of a full year, quarterly flow and directly related revenues normally change based on demand (impacted by temperature and precipitation). These variances in revenue are addressed through the separate Regional Water and Wastewater Reserves, created in part to provide a rate stabilization (and revenue) reserve function. PURPOSE To evaluate the efficiency and performance of the water and wastewater systems within Niagara Region, it is necessary to understand climate and precipitation. This report details the flows experienced in Niagara on a monthly basis, and associates the precipitation related to those flows, and impact on wholesale water and wastewater revenues. The information is presented through -regular quarterly reports. REPORT Precipitation Precipitation across the Niagara Peninsula was above Atmospheric Environmental Services (AES) 30-year normals for the 3rd quarter of 2006. The Peninsula received approximatel~ 12% more rainfall for the quarter when compared to the 30-year normal rainfall for the period. 2 PWP 10-2007 February 21, 2007 Compared to the same period in 2005 the 3rd quarter for 2006 had approximately 3.3% more precipitation. This is shown in the following table along with graphical summary in Figure I: Table 1- 3rd Quarter Precipitation Summary Month 2006 Actual Actual to 2005 Actual to 30 YR Precipitation Variance Normal Variance July 100.7 78.6% 34.2% August 54.8 -51.5% -32.0% Septem ber 125.5 22.3% 31.8% 3rd Quarter Total 280.96 3.3% 12.0% Figure I E .s s:: .2 ~ '0. '13 e Q. 140 120 100 80 60 40 20 o Comparison of Actual Precipitation to A.E.S. Normals 2006 <b~ 'lJo\~ ~v ~v ')1> v.~ ~ 1>' ~ ~~ ~~ ~1>-4. ~0 ')v _\ "- \ ').s....... vC:J ::00 ~.;)Oj ~0<f:' c:>0~ 0\ 0\ 0\ ,,-o'Q ~"Q ~ 00 ~0 00 ~o <:)0 --. - AES. Norm als · Actual Precipitation Water July The total water measured in July 2006 shows a significant decrease (19.8%) from 2005 and from the 5-year average (17. 1 %). The total quantity for the year to the end of July was below the 5-year average, as shown in Table II. August In August, the total quantity of water measured in Niagara was well below (12.0%) 2005 levels for the same period. Also August was wel/ below (12.1 %) the 5-year average. The total quantity for the year to the end of August was below the 5-year average, as shown in Table II. 3 PWP 10-2007 February 21 , 2007 September For September the total water supplied was well below (12.3%) 2005 and a significant decrease (19.2%) from the 5-year average. The total quantity for the year to the end of September was below the 5-year average, as shown in Table II. Table II - 3rd Quarter Water Summary Month 2006 Actuals Actual to 2005 Actual to 5 YR 2006 YTO Variance Variance Variance Versus 5 YR Average July 6,755.681 -19.8% -17.1% -8.6% Auqust 6,863.145 -12.0% -12.1 % -9.1% September 5,435.749 -12.3% -19.2% -10.3% 3rd Quarter Total 19,054.575 -15.0% -16.0% -9.4% Figure II Water FlowS To Date 2006 E o o o .... - l/l ~ o u:: 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 o 2,200 Uj' 1,980 ca 1,760 C) Co 1,540 .5 1,320 0 1,100 0 0 C 880 0 660 o~ ~ 440 l/l 220 ~ 0 0 u:: ;:;- <b4. ~4. ~v &v ')'l't x~ (5' ~~ ~:::- ,,?-Q 'l't4. ~ ~'lJ ')V ,s~ va:," CQ'lJ.... 'S ,,?-vo:, ~'lJ~ ";)'lJQ 'lJ.... 'lJ.... rz,.... ...(f ~'Q ~ d' ~'lJ ,,'lJ ~o <::)'lJ .......-2006 Water Flows __ 5 Year Average j Wastewater July The total sewage flow measured in July 2006 was above (13.9%) flows from 2005 and near (2.0%) the 5-year average. The total quantity for the year to the end of July shows a large decrease of 11.9% from the 5-year average, as shown in Table III. 4 August PWP 10-2007 February 21,2007 In August, the total quantity of wastewater measured in Niagara shows a decrease (7.6%) from 2005. Also a decrease was observed (10.0%) from the five-year average. The total quantity for the year to the end of August shows a large decrease (11.7%) from the 5-year average, as shown in Table III. September For September the total sewage treated was near 2005 flows. Also there was an increase from the five-year average (9.7%). The total quantity for the year to the end of September is below (9.7%) the five-year average, as shown in Table III. Table III - 3rd Quarter Wastewater Summary 2006 Actuals Actual to 2005 Actual to 5 YR 2006 YTD Variance Month Variance Variance Versus 5 YR Average JulY 6,449.324 13.9% 2.0% -11.9% AUJlust 5,657.812 -7.6% -10.0% -11.7% September 7,029.973 -1.0% 9.7% -9.7% 3rd Quarter Total 19,137.109 1.3% 0.6% -11.0% FIGURE III Sewage Flows To Date 2006 12,000 11,000 M 10,000 E 9,000 o 8,000 o 7,000 ~ 6,000 '; 5,000 ~ 4,000 o 3,000 u: 2,000 1,000 o ~4. q}4. ~ ~:.:> 1~ ~q} )'1f <<.~ .~ 9~ ~ _~'lt-4. ~0 ~~ ).:$ ~4. ~'" ~ 0" 0" 0" ).:$ .)OJ<S ~'Q0 ",o'Q ~ # ~ '5..0 OV ~0 v0 ':J0~ ~o Q0 2,640 ~ 2,420 C) 2,200 Q. 1 '?~g .5 1;540 g 1 ,320 ~ 1 h1 00 g 800 0 660 ~~ 440 - 220 rJ) o ~ u: 2006 Sewage Flows ---. 5 Year Average II The data in this report is presented to allow a timely status of the precipitation, water and wastewater flows along with resulting impact on water and wastewater service revenues. This information reflects monthly flow data which is provided to the eleven municipalities which are billed for the wholesale water and wastewater volumes treated. As noted, 5 - PWP 10-2007 February 21,2007 variances in flows and resulting revenues are addressed through established Regional water and wastewater reserves. Approved by: Submitted by: Ian Neville, MPA, P.Eng. Commissioner of Public WorK ~ Mike Trojan Chief Administratl Appendix I - Monthly Precipitation Analysis - July, August, September 2006 Appendix \I - Comparison of Water Flows - July, August, September 2006 Appendix 11\ - Comparison of Sewage Flows - July, August, September 2006 This reporl was prepared by Kyle Moale, Flow Monitoring & Data Management Manager, Water & Wastewater Engineering with collaboration from D. Williams, Economic & Financial! Analyst, Corporate Services, and reviewed by Jason Oatley, B. Sc., C. Chern., Acting Director, \ Water & Wastewater Setvices. L:\ENVIRONMENT AL CENTRE\FMDM\O.OO Reports\2007\PWP 10-2007 Feb 21 KM-lr-Water and Sewage Report- 3rd Quarter 2006.doc 6 PWP 10-2007 February 21,2007 APPENDIX 1 Precipitation Data: July 2006 August 2006 September 2006 7 - <>... .' Monthly preci p itaUO.rii}AJ:l~lysi~'.'fQ~:.,: r;.J,iagara: Reg i'Orf:4!'J U I~ 2006',:';: '. I ' Produced by: Niagara Region Totals Water & Wastewater Division Regional Municipality of Niagara 3501 Schmon Parkway P.O. Box 1042 Thorold, Ontario L2V 4T7 00.61f 75.02 Mean Observed Mean A.E.S. SO Observed SO A.E.S. l'<~'i:i' 2'1$~59.;::!:: 3040 Grimsby Baker Rd. WWTP CUM - GM1 108.50 71.80 151.1 West Lincoln Smithville PS PREC - WL1 138.25 79.70 173.5 Lincoln Victoria Ave. PS PREC - L03 97.00 71.80 135.1 Lincoln Jordan Yard PREC - L04 n/a 71.80 n/a St. Catharines pt. Dalhousie WWTF PREC - CO2 78.50 78.80 99.6 St. Catharines Decew Falls WTP PREC - C01 82.75 76.30 108.5 Pelham Pelham Town Hall PREC - FH1 83.75 73.30 114.3 N.O.T.L. Garrison PS PREC - N01 97.00 73.60 131.8 Weiland Weiland WWTP CLlM - WE1 121.00 70040 171.9 Weiland Ontario Rd. PS PREC - W01 151.25 70040 214.8 Niagara Falls Kalar Rd. P .S. PREC - NF4 65.50 79.00 82.9 NiaQara Falls Garner Rd T.F. CUM - NF2 75.00 75.40 99.5:, Port Colborne Seaway WWTP PREC - POi 123.50 75.00 164.7 Niagara Falls Stanley Ave. WWTP PREC - NF2 68.75 79.00 87.0 Niagara Falls McLeod Rd. PS CUM - NF1 99.75 79.00 126.3 Niagara Falls Chippawa WTP PREC - NF3 125.75 79.00 159.2 Ft. Erie Industrial Pk. PS CLlM - FT1 94.50 71.00 133.10 160.00 ---------------------------------------------------------------------------- ~20.00 E ::::-100.00 $ c 'co 80.00 0::: 140.00 ---------------------------------------- - --------------------------------. - o ..c 60.00 a. Q) o 40.00 ---------------------------------------------------------------------------- A.E.S. Totals ---------------------------------------------------------------------------- moo ---------------------------------------------------------------------------- 0.00 c... c... !j c... U U f- c... c... c... ~ ~ ~ ai .. l < ~ ~ s .3- ] 0 U5 Location !ljlfif:fI1JI<':i:ii:'; MEirifhly; ~rE!cipifatfont.t\'i1'alY$iS' fii~Nij!:Hjl:ttcl1 RegiiiilT:'i Augusf:2QO~i}:.i'.i'.i"""" Produced by: Water & Wastewater Division Regional Municipality of Niagara 3501 Schmon Parkway P. O. Box 1042 Thorold, Ontario L2V 4T7 Niagara Region Totals Mean Observed Mean A.E.S. . .....:'..5.4:~~'W::: 80.57 SO Observed SO A.E.S. jii!:I::'i[;;',:i':I:U.f:\ '13~J.3 4.44 G rimsby Baker Rd. WWTP CUM - GM1 34.00 82.50 41.2 West Lincoln Smithville PS PREC - WL1 65.75 74.20 88.6 Lincoln Victoria Ave. PS PREC - L03 33.50 82.50 40.6 Lincoln Jordan Yard PREC - L04 n/a 82.50 n/a St. Catharines Pt. Dalhousie WWTf PREC - CO2 45.50 74.40 61.2 St. Catharines Decew Falls WTP PREC - C01 57.00 77.00 74.0 Pelham Pelham Town Hall PREC - FH1 66.50 84.40 78.8 N.O'.T.L. Garrison PS PREC - N01 27.25 72.10 37.8 Weiland Weiland WWTP CUM - WE1 68.25 82.70 82.5 Weiland Ontario Rd. PS PREC - W01 58.25 82.70 70.4 Niagara Falls Kalar Rd. P.S. PREC - NF4 66.50 79.70 83.4 Niagara Falls Garner Rd T.F. CUM - NF2 n/a 81.60 n/a Port Colborne Seaway WWTP PREC - P01 59.25 82.30 72.0 Niagara Falls Stanley Ave. WWTP PREC - NF2 67.00 79.70 84.1 Nia_gara Falls McLeod Rd. PS CUM - NF1 62.75 79.70 78.7 Niagara Falls Chippawa WTP PREC - NF3 59.00 79.70 74.0 Ft. Erie Industrial Pk. PS CUM - FT1 51.00 92.00 55.43 E 5 70.00 I~OO ---_________________________________________________________________________ A.E.S. Totals m moo ----______________________________________________________________________~ 80.00 "",- - - - - -.-,,~- "-"-..:~'!..-- - - - - - - - - ........ :..'~:,,-- - - - - - - "- ~ :.:: -_~ .: =. ....____.... :..11_" --=- ..: .:~-_"_.~____ ~_.~__ _~_..m~': ~ _ _ ". "-lir'" 1:1I- IllI IlliI" ~ --:~~:----------~~!:~~--------~_lr_:__ _____________________________________. -------------------------------- ------------------------------------------- ~ 60.00 c: 'm 50.00 ~ ..... a 40.00 ..c: a. (]) 30.00 o 20.00 - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Q., Q., tJ Q., u U I- Q., Q., Q., :;: ] ~ ai [ ~ < ~ U) ~ .go ~ (3 Location 10.00 - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0.00 - MoJlt to'iJ.Pr~c i p.itatiQtl':Aha ly$iSf 1.()!~; N i'a1:j~r.a':9E!g J'Qij'::\:~:: .SeptfjiTi be~:;:2006\'I'F::t': ":", Produced by: Niagara Region Totals Water & Wastewater Division Regional Municipality of Niagara 3501 Schmon Parkway P.O. Box 1042 Thorold, Ontario L2V 4T7 Mean Observed Mean A.E.S. "':[!::iti:'1':2S!Wi5~!W: 95.23 SO Observed SD A.E.S. G rimsby Baker Rd. WWTP CUM - GM1 97.50 92.20 105.7 West Lincoln Smithville PS PREC - WL1 122.00 88.80 137.4 Lincoln Victoria Ave. PS PREC - L03 91.75 92.20 99.5 Lincoln Jordan Yard PREC - L04 n/a 92.20 n/a St. Catharines Pt. Dalhousie WWTF PREC - CO2 108.25 92.70 116.8 St. Catharines Decew Falls WTP PREC - C01 124.25 89.50 138.8 Pelham Pelham Town Hall PREC - FH1 166.75 96.70 172.4 N.O.T.L. Garrison PS PREC - N01 n/a 91.50 n/a Weiland Weiland WWTP CUM - WE1 153.50 97.90 156.8 Weiland Ontario Rd. PS PREC - W01 133.00 97.90 135.9 Niagara Falls Kalar Rd. P.S. PREC - NF4 139.00 96.70 143.7 Niagara Falls Garner Rd T.F. CUM - NF2 n/a 95.20 n/a , Port Colborne Seaway WWTP PREC - P01 134.50 101.10 133.0 Niagara Falls Stanley Ave. WWTP PREC - NF2 134.50 96.70 139.1 Niagara Falls McLeod Rd. PS CUM - NF1 119.00 96.70 123.1 Niagara Falls Chippawa WTP PREC - NF3 95.00 96.70 98.2 Ft. Erie Industrial Pk. PS CUM - FT1 138.25 1 04.20 132.68 180.00 ---------------------------------------------------------------------------- 160.00 ---------------------------------------------------------------------------- ------------------------ ------------~~~g~~~~!~~!~--------------- 140.00 E 920.00 ro 'EIOO.OO "ffi 0:: 80.00 '0 .r:. 0.. 60.00 (J.) o 40.00 ___ _ _ _ _ ___ _ __ _ _ _ - - __ - - - - - - if~- - - - - - -.-;;lii1-=-.-.-."1!r :-';-.-.lliI: -:- =-:- - -:-; .~&-o;-;~.-.-: -;; m-.-.-..~' ..-......~~ . . . . ID . - -. .....oJ....li-... -Ii- . . . . . . Jill" . . A~.S. 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N ~ 0 ~ 0 .S ro '0 :.c r-: (]) (]) ::l 0 <0 (/) >- -0 t) u: 0 co .S c 0 ~ (]) (ij N (]) .9 t) '0 ..s (/) co ro III (]) I- <0 (]) ~ ~ t; (]) co 0 >- ..J c: 0 (]) .S (ij <h :0 N 0 Q. (]) (/) ..c '- <D (]) '(j .!!1 e (]) ... e ;n co 0 (/) ...c :2 'c ro 0 .S e 0 ~ 0 co 15 1.0 U. ro 9 t) Q) N Q) a.. ~ .0 Q) >- e 0 0:: t5 m ...... 0 ..c -0 I == co -0 ;n .0 C ~ E ::J u: Q) U) ...... ro ro c III ~ ~ (f) 0 0 ~ (/) 0 co co ii5 Q) 0 0 <0 co 0) 0 0 E Q) ..c (ij '0 0 ...:. Q) co t::: Ci5 t::: t) co Ci5 Q) ... co u: 0 u5 ...c 0 ~ e S2 0 ~ < z S ::J Z S 0 z e- o N a.. l- LL a.. l- N ~ '" Niagara"-' Region THE REGIONAL MUNICIPALITY OF NIAGARA REPORT TO: Co-Chairs and Members of the Planning and Public Works Committee SUBJECT: 2006 Summary and 4th Quarter Report for Water & Sewage PWP 11-2007 February 21, 2007 RECOMMENDATION{S) That this report be received for information. EXECUTIVE SUMMARY Climate in the Niagara Region has a significant impact upon potable water demand and sewage generation. The Water & Wastewater division provides a quarterly status on precipitation as well as actual water and wastewater volumes treated. Extended dry periods often give rise to an enhanced water demand while wet periods give rise to an increase in sewage generation (due to the influx of extraneous flows via inflow and infiltration) and resulting wet weather flows. See Figure 1. Figure I Comparison of Sewage, Water and Precipitation Amounts 2006 12,000 10,000 ce 8,000 ~. 6,000 :c ~ 4,000 u: 2,000 0 I 2006 Sewage Flows .....__ ___ ___ Preci itation I I I . I . I I I I I Month . 2006 Water Flows -',____2006 Sewage Flows -.- Precipitation 180.0 160.0 140.0 120.0 i - 100.0 6 E 80.0 'l5. 60.0 ~ 40.0 20.0 0.0 PWP 11-2007 February 21,2007 For 2006 both Water & Wastewater revenues were below projections. Specifically, water revenues fell by $4.704 million and wastewater by $1.063 million. The combined deficit is shown in Table 1 and Figure 2. Service Water Wastewater Table 1 - 2006 Financial Summary Actual 2006 Revenue Pro'ected Revenue Variance ($) Actual to Pro'ected Variance (%) Actual to Pro'ected -12.8% -2.0% -14.7% I ~~~~~~~~~~~&::::;:~$32,174,596 ~':.~Fr:/{>;il~.~~'~a.':.W:;l~~::'*:~,y.'~~~-;':~::::':':::'::::':::';'>:';':::';':::':':::'::::':'>:':~'::':::';:::;1.';:::';':::,:,:!;::!;::::,,~:::~'::':!;:'>::':.I $ 3 6 , I 79,379 ~..:..:*tl'.~)l):~~'~~~'~.~~:~~~t':~R~'V'i:;:~~'~~$'::~"~ ':":~::~:~~':":~>:~~':~;"~'~::'>>:"~~'::'~":~:~:~::.~..:~:~:~.; :..:>~~.:..:..>:~.>:..:..::~:::.~~;::~:~.::.>:..:~:~.>:..>~~'~::'>:"~':~'>>:~~':"'~":':~':'1 $ 5 2 . 4 2 3 , 19 6 III .111111111111111111111111 $53,486,792 I I Table 2 - 4th Quarter Financial Summa Variance ($) Actual to Actual 2006 Revenue Pro'ected Revenue Pro'ected $7,246,557 $15,866,459 $8,530,391 $12,819,002 Combined Surplus -$1,283,834 $3,047,457 $1,763,623 $32,174,596 $52,423,196 $36,879,379 $53,486,792 Combined Deficit -$4,704,782 -$1,063,596 -$5,768,378 $60,000.000 For the 4th quarter data indicates water flows to be well below expected projections while Wastewater flows were significantly above projections. Between the two services, theoretical revenues would be $1,763,623.00 above the amount budgeted in 2006 for the 4th quarter as shown in Table 2. Service Water Wastewater Figure 2 2006 Actual vs Projected Revenue ~ Q) 1 ~ cd ~ $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 -15.1 % 23.8% 8.7% PWP 11-2007 February 21,2007 FINANCIAL IMPLICATIONS The uniform wholesale water and sewer rate is determined largely based on annual revenue. Actual water and wastewater flows directly impact upon revenues. For this reason, the financial summary is provided with each quarterly report. Flow projections were established based on recommendations in the Master Servicing Plan. Water flows in this quarter were well below projected amounts. The difference between the actual flows amounts and the projected amounts for the quarter amounted to 15.1 % or 2.615 million cubic meters less than projected volumes, translating to a shortage of $1,283,834.00 for the quarter. Wastewater or sewage flows in this quarter were significantly above the projected volumes. The increase amounts to 23.8% or 5.012 million cubic meters more than the projected amount, resulting in a revenue surplus of $3,047,457.00 for the quarter. It is important to note that through the course of a full year, quarterly flow and directly related revenues normally change based on demand (impacted by temperature and precipitation). These variances in revenue are addressed through the separate Regional Water and Wastewater Reserves, created in part to provide a rate stabilization (and revenue) reserve function. PURPOSE To evaluate the efficiency and performance of the water and wastewater systems within Niagara Region, it is necessary to understand climate and precipitation. This report details the flows experienced in Niagara on a monthly basis, and associates the precipitation related to those flows, and impact on wholesale water and wastewater revenues. The information is presented through regular quarterly reports. REPORT Precipitation Precipitation across the Niagara Peninsula was significantly above Atmospheric Environmental Services (AES) 30-year normals for the 4th quarter of 2006. The Peninsula received approximately 16.90/0 more rainfall for the quarter when compared to the 3D-year normal rainfall for the period. However, it should be noted that precipitation was below normal for November and December. October accounted for 106% increase in precipitation when compared to the 30 year AES normals for the month. Compared to the same period in 2005 the 4th quarter for 2006 had approximately 33% more precipitation. This is shown in the following table along with graphical summary in Figure 3: 3 PWP 11-2007 February 21,2007 Table 3 - 4th Quarter Precipitation Summary Month 2006 Actual Actual to 2005 Actual to 30 YR Precipitation Variance Normal Variance October 158.4 77.0% 105.9% November 55.6 -44.2% -35.3% Decem ber 75.2 166.5% -11.0% 4th Quarter Total 289.21 33.0% 16.9% Figure 3 Comparison of Actual Precipitation to A.E.S. Normals 2006 E S c o :;:; .s '0.. '0 e Q. 180 160 140 120 100 80 60 40 20 o A.ES. Norrrals ~4. ~~ ~'> ~.::>'lf ') 'If <<.~ ~ ~ ~ ~~ ~~ ~1>4. ~iO ')oS _\ " :\ :s-..... '>~ -:010 'S ~vO) ~iO<$" C:JiO~ 10\ 10\ 10\ ,,~ (:''Q :<f 0'" ~iO ",10 ~o <::)10 --. -A.ES. Normals . Actual Precipitation Water October The total water measured in October 2006 shows a decrease (7.6%) from 2005 and a decrease (11.9010) from the 5-year average. The total quantity for the year to the end of October was below the 5-year average, as shown in Table IV. November In November, the total quantity of water measured in Niagara was below (5.70/0) 2005 levels for the same period. Also November had a decrease (9.7010) from the 5-year average. The total quantity for the year to the end of November was below the 5-year average, as shown in Table IV. . 4 PWP 11-2007 February 21,2007 December For December the total water supplied shows a decrease (6.7%) from 2005 and a decrease (9.9%) from the 5-year average. The total quantity for the year to the end of December was below the 5-year average, as shown in Table IV and Figure 4. Table IV - 4th Quarter Water Summary Month 2006 Actuals Actual to 2005 Actual to 5 YR 2006 yrD Variance Variance Variance Versus 5 YR Average October 5,144.174 -7.6% -11.9% -10.5% November 4,792.614 -5.7% -9.7% -10.4% Decem ber 4,821.984 -6.7% -9.9% -10.4% 4th Quarter Total 14,758.772 -6.7% -10.5% -10.4% Figure 4 Water Flows To Date 2006 E o o o ..... 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 o 2,200 Ul 1,980 iU 1,760 C) 0.. 1,540 .E 1,320 0 1,100 0 0 o~ 880 0 660 o~ ..... 440 Ul 220 ;: 0 0 ii: ;;- Ul ;: o ii: ~~ q}~ ~.;:, &v ')'l:t <<.~ (f:' i.~ ~'l:t" '?'~ ~'l:t~ ~Ib ')V ,S~ .;:,e;,"'- '::Q1b'" ~ ,?,.;:,OJ ~Ib~ c::l~ Ib'" Ib'" e,... !<..o'Q f$"'Q ~ QV ,::.Ib vlb ~o <::l --+--2006 Water Flows -- 5 Year Average Wastewater October The total sewage flow measured in October 2006 was significantly above (34.6%) flows from 2005 and significantly above (55.7%) the 5-year average. The total quantity for the year to the end of October shows a slight decrease of 3.7% from the 5-year average, as shown in Table V. 5 PWP 11-2007 February 21,2007 November In November, the total quantity of wastewater measured in Niagara shows a large decrease (16.30Jb) from 2005. Also a decrease was seen (5.10Jb) from the five-year average. The total quantity for the year to the end of November shows a decrease (3.80Jb) from the 5-year average, as shown in Table V. December For December the total sewage treated shows a large increase (14.70Jb) from 2005 along with an increase from the five-year average (9.1 %). The total quantity for the year to the end of December is below (2.7%) the five-year average, as shown in Table V and Figure 5. Table V - 4th Quarter Wastewater Summary 2006 Actuals Actual to 2005 Actual to 5 YR 2006 YTD Variance Month Variance Variance Versus 5 YR Average October 10,567.073 34.6% 55.7% -3.7% Novem ber 6,858.646 -16.3% -5.1% -3.8% December 8,670.431 14.7% 9.1% -2.7%1 4th Quarter Total 26,096.150 10.5% 18.8% -3.4% I FIGURE 5 . Sewage Flows To Date 2006 12,000 11,000 M 10,000 E 9,000 o 8,000 o 7,000 ~ 6,000 ;; 5,000 3: 4,000 o 3,000 u: 2,000 1,000 o 2,640 ~ 2,420 <.:> 2,200 Q. 1,980 E 1,760 - 1,540 g 1,320 0 1,100 g- 880 0_ 660 ~ 440 Ih 220 3: o 0 u:: ",4. ~4. >> .~ _~4. ^-.0 ~4. ~... 0~ 0" 0~ 0\ ~~v ~,>'lf _~~v ~~ ~,_v ~o$'- ~~ '>~.::> ~ ...~ l' ~ ~ 6~ ~. ~ ~ ~ ~ ~ " c,0~ ~o <::l 2006 Sewage Flows -__.. 5 Year Average 6 PWP 11-2007 February 21, 2007 The data in this report is presented to allow a timely status of the precipitation, water and wastewater flows along with resulting impact on water and wastewater service revenues. This information reflects monthly flow data which is provided to the eleven municipalities which are billed for the wholesale water and wastewater volumes treated. As noted, variances in flows and resulting revenues are addressed through established Regional water and wastewater reserves. Approved by: Submitted by: Ian Neville, MPA, P.Eng. Commissioner of Public Works ~~ Mike Trojan l J Chief Administrativ8l:5fficer Appendix I - Monthly Precipitation Analysis - October, November, December 2006 Appendix II - Comparison of Water Flows - October, November, December 2006 Appendix III - Comparison of Sewage Flows - October, November, December 2006 This reporl was prepared by Kyle 'Moate, Flow Monitoring & Data Management Manager, Water & Wastewater Engineering with collaboration from D. Williams, Economic & Financial Analyst, Corporate Se/Vices, and reviewed by Jason Oatley, B.Sc., C.Chem., Acting Director, Water & Wastewater SelVices. 7 PWP 11-2007 February 21,2007 APPENDIX 1 Precipitation Data: October 2006 November 2006 December 2006 8 :!::;'!j:;t':j:t~:-Nl:6i!I1!t:l1'r'j!!;:p re,C,ipittiti,p:n!ji- ~nc),ly.sJ~;for;-,N ia'g~(ta:'J~E;Sg iQnt:~:: Q,ct:()p~r:!?OQ~,:':;::' :-,:,,: ,: ':':.. ' Produced by: Niagara Region Totals Water & Wastewater Division Regional Municipality of Niagara 3501 Schmon Parkway P.O. Box 1042 Thorold, Ontario L2V 4T7 Mean Observed Mean A.E.S. ;:::iii::j!ji:i!:irii:l;iHr:l;'i!~! 5!a!t41:. 76.94 SO Observed SD A.E.S. : !'(":::,;.41~5~;i::! 5.13 G rimsbv Baker Rd. WWTP CUM - GM1 88.50 75.20 117.7 West Lincoln Smithville PS PREC - WL1 145.50 70.10 207.6 Lincoln Victoria Ave. PS PREC - L03 98.25 75.20 130.7 Lincoln Jordan Yard PREC - L04 n/a 75.20 n/a St. Catharines Pt. Dalhousie WWTf PREC - CO2 n/a 74.50 n/a St. Catharines Decew Falls WTP PREC - C01 151.25 70.00 216.1 Pelham Pelham Town Hall PREC - FH1 201.75 79.10 255.1 N.O.T.L. Garrison PS PREC - N01 98.25 68.50 143.4 Weiland Weiland WWTP CUM - WE1 195.50 84.50 231.4 Weiland Ontario Rd. PS PREC - W01 191.00 84.50 226.0 Niagara Falls KaJar Rd. P .S. PREC - NF4 146.75 75.10 1 95.4 Niagara Falls Garner Rd T.F. CUM - NF2 n/a 84.30 n/a Port Colborne Seaway WWTP PREC - P01 215.25 83.00 259.3 NiaQara Falls Stanley Ave. WWTP PREC - NF2 140.00 75.10 186.4 NiaQara Falls McLeod Rd. PS CUM - NF1 158.75 75.10 211.4 Niagara Falls Chippawa WTP PREC - NF3 137.501 75.10 183.1 Ft. Erie Industrial Pk. PS CUM - FT1 249.50 83.50 298..80 ~QOO ------------------------____________________________________________________ 250.00 - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ E Regional Totals SOD. 00 ~ C "00 150.00 a: '- o ..c: C! 00.00 Q) Ij'lI . .m- - - . g - . . _ _ _ _ -E(- - . - liD - _ _ _ _ _ .8 o . . . . B . . . -B- - -- i1I -- --ID- . - - -Ii. - . - - . . . - nit. . it A.E.S. tJfals - fiI -- -- EJ- 50.00 - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 0.00 ~ ~ () ~ ~ ~ "" ~ ] i:i' <Ii '" ;f ~ .;: ~ ~ ~ 6;- Q. ] :a 0 ci5 u Location Month I~;: ffir~:Ci::!"';";!' YA1h~ly:sii~li':fl;r:ji'iNnlig:lfal:'" ';"'():yeriip~~:'~OQe:i:!:':"'!')"j";'.:.:".:, Produced by: Niagara Region Totals Water & Wastewater Division Regional Municipality of Niagara 3501 Schmon Parkway P. O. Box 1042 Thorold, Ontario L2V 4T7 Mean Observed Mean A.E.S. ,. )'5:5]~2:m! 85.96 SO Observed SO A.E.S. g['6;~j: 7.97 Grimsby Baker Rd. WWTP CUM - GM1 56.75 78.30 72.5 West Lincoln 8mithville P8 PREC - WL 1 76.50 79.30 96.5 Lincoln Victoria Ave. PS PREC - L03 55.25 78.30 70.6 Lincoln Jordan Yard PREC - L04 n/a 78.30 n/a 81. Catharines Pt. Dalhousie WWTf PREC - CO2 n/a 83.60 n/a 81. Catharines Decew Falls WTP PREC - C01 66.50 74.30 89.5 Pelham Pelham Town Hall PREC - FH1 69.50 82.90 83.8 N.O.T.L. Garrison PS PREC - N01 46.75 75.50 61.9 Weiland Weiland WWTP CUM - WE1 57.75 91.60 63.0 Weiland Ontario Rd. P8 PREC - W01 51.00 91.60 55.7 Niagara Falls Kalar Rd. P .S. PREC - NF4 56.75 88.40 64.2 Niagara Falls Garner Rd T.F. CLlM - NF2 51.50 91.00 56.6 Port Colborne Seaway WWTP PREC - P01 50.75 101.60 50.0 Niagara Falls Stanley Ave. WWTP PREC - NF2 52.25 88.40 59.1 Niagara Falls McLeod Rd. PS CUM - NF1 50.00 88.40 56.6 Niagara Falls Chippawa WTP PREC - NF3 50.00 88.40 56.6 Ft. Erie Industrial Pk. P8 CLlM - FT1 43.00 101.50 42.36 120.00 ---------------------------------------------------------------------------- 100.00 _____________________________________~~~.~~!~~~~_______:,JI~---------------:.~ , II - - - . IilJ. . . - -lI- - - . .(I , · · II - - - .ID- - - - .g' ' ._IB.. iI. ,,' .~~mr-~~~m~~----~~-B:~~---~~a7------------------------------------------ Regional Totals E 5 80.00 ~ C 'co 60.00 0::: - o .c 15. 40.00 Q) o ---------------------------------------------------------------------------~ moo ---------------------------------------------------------------------------- 0.00 ~ ...: ~ E:l "" ~ I-< "" ~ '" '0 ~ oj ~ ~ .( .. l ~ ~ ~ t' 15: 0 ~ d Location J:!i:t!'i'i!h .1\II~ntt1I~:: ~ req ip it~UQij" Ahaly:$~~, ,fOr:' Nia'g'~'r.~t]~~~gj (j:rj:::~';Q~~erii l)~r:,,~QP~;: ;;';'(i': . , Produced by: Niagara Region Totals Water & Wastewater Division Regional Municipality of Niagara 3501 Schmon Parkway P. O. Box 1042 Thorold, Ontario L2V 4T7 Mean Observed Mean A.E.S. ;Jr.!'!!;:;' 75~18: 84.45 SO Observed SO A.E.S. ;1~jO'~~O'!iji . '.. .' , 9.04 Grimsby Baker Rd. WWTP CUM - GM1 65.50 79.60 82.3 West Lincoln Smithville PS PREC - WL1 93.50 74.50 125.5 Lincoln Victoria Ave. PS PREC - L03 65.50 79.60 82.3 Lincoln Jordan Yard PREC - L04 n/a 79.60 n/a St. Catharines pt. Dalhousie WWTf PREC - CO2 n/a 83.80 n/a St. Catharines Decew Falls WTP PREC - C01 94.25 76.20 123.7 Pelham Pelham Town Hall PREC - FH1 87.75 86.30 101.7 N.O.T.L. Garrison PS PREC - N01 70.50 74.20 95.0 Weiland Weiland WWTP CUM - WE1 80.75 97.60 82.7 Weiland Ontario Rd. PS PREC - W01 76.00 97.60 77.9 Niagara Falls Kalar Rd. P .S. PREC - NF4 77.25 78.80 98.0 Niagara Falls Garner Rd T.F. CUM - NF2 66.00 90.70 72.8 Port Colborne Seaway WWTP PREC - P01 76.75 97.20 79.0 Niagara Falls Stanley Ave. WWTP PREC - NF2 67.50 78.80 85.7 Niagara Falls McLeod Rd. PS CUM - NF1 77.00 78.80 97.7 Niagara Falls Chippawa WTP PREC - NF3 68.75 78.80 87.2 Ft. Erie Industrial Pk. PS CUM - FT1 60.75 103.60 58.64 120.00 E g 80.00 $ c '00 60.00 0:: A.E.S. Totals iii -------------------------------------m~~~l(------------~-----------------~- , " ~ , , JiJ~ ~ .. , · ~ ' , ", ' ..m. .' o .~-~m-"- - - - -"--'-. "fi'--- - - - ': -;- -- 100.00 - o ..c a.. 40.00 OJ o Regional Totals moo ---------------------------------------------------------------------------- 0.00 I>-. U "" ~ ~ lXl (J 13 c.. I>-. ~ E-< c.. c.. ~ ] i<' ,; .. ~ .( ~ ~ ii' c., ~ :a tii u Location PWP 11-2007 February 21, 2007 APPENDIX II Water Demand: October 2006 November 2006 December 2006 9 "C <0 Q) 0 _ 0 ItI N .5 ra u; '0 w .- l< Q) l< 0) l< ItI l< '- Q) l< ~ l< l< '- l< ItI l< Q) l< >- en l< an en en en en en en en or; Q) Q) Q) Q) C ....J -l ....J -l 0 #. #. #. #. :i C"') co 1.0 co co ~ ~ .q- II) ~ ..- ..- 0 ~ ..- ..- T"" .... 0 0 0 0 0 - "0 an en en en en Q) s:: 0 c c c c .2: w 0 .Q .Q .Q .Q N (/) 0 co co co co ::::J CD - 0> 0> 0) 0) '- ci. U 0 ItI ci. ci. ci. 0 Q) "~ .~ .~ .~ c c: N >- 0 '- c c c c '00 I() s... .g ,g ,g ,g ,g rtl 'S; 0 (1) ra "E 'E 'E 'E '- (5 0 .c en '0 rtl .... 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"'."'/"..'; pam. gilroy@regional.niagara,on.ca www.regional.niagara.on.ca February 9, 2007 Mr. Dean lorfida Municipal Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 CL 2-2007, February 8,2007 Report CSO 28-2007 2007 Interim Levy Dates and Amounts Our File No.: F.05.003 The Council of the Regional Municipality of Niagara, at its meeting of February 8, 2007, approved the following recommendation of its Corporate Services Committee: "That Report CSD 28-2007, January 31, 2007, respecting 2007 Interim Levy Dates and Amounts, be received. That the interim due dates for the Regional Levy be approved in the amounts and on the dates as shown on Schedule A attached to this report. That the Regional Clerk ensure that the appropriate by-law is prepared for presentation to Regional Council. That this report be circulated to the Councils of the Area Municipalities for information." A copy of Report CSD 28-2007 is enclosed for your information. If further information is required, please contact Mr. John Bergsma, Commissioner, Corporate Services, at (905) 685-4225, ext. 3292. Yours truly, p~oh Regional Clerk cc: J. Bergsma, Commissioner, Corporate Services Building Community. Building Lives. CSD 28-2007 January 31, 2007 Niag~ra" Region REPORT TO: Co-Chairs and Members of the Corporate Services Committee SUBJECT: 2007 Interim levy Dates and Amounts RECOMMENDATION That this Committee recommend to Regional Council: 1. The interim due dates for the Regional Levy be approved in the amounts and on the dates as shown on Schedule A attached to this report. 2. That the Regional Clerk ensure that the appropriate by-law is prepared for presentation to Regional Council. 3. This report be circulated to the Councils of the Area Municipalities for information. EXECUTIVE SUMMARY This report establishes an interim tax levy to be requisitioned against each lower-tier municipality to bridge the period until the 2007 tax rate by-law is approved. FINANCIAL IMPLICATIONS Approval of the interim Regional property tax levy by-law ensures that the property tax revenues necessary to support Regional services are received on a timely basis, thereby facilitating cash flow requirements at 50% of 2006 final levy in two installments totaling $65,156,975 each. 1 CSD 28-2007 January 31 , 2007 '. PURPOSE This report is intended to establish an interim tax levy along with appropriate due dates for the Regional Municipality. ' REPORT As Council is aware, in order for the Region to continue providing services and pay the related costs, it is necessary to request, as an interim measure, a levy from the Area Municipalities to bridge the period until the tax rate by-law is approved. Sections 316 (1) and (2) of the Municipal Act, 2001 provides the Council of an upper-tier municipality with the authority to requisition an amount not exceeding 50% of the prior year's levy from each lower-tier municipality before the adoption'of the estimates for a year. '., The attached Schedule A provides a breakdown of the interim levy by Area Municipality. In total $65.2 million will be raised on each interim levy date. This totals 500/0 of the Region's 2006 general levy estimates. A schedule outlining the final levy dates and amounts will be included with the approved 2007 Tax Policy Report. Submitted by: Approved by: Mike Trojan Chief Administrative 9~ ~n Berg~ Commissioner of Corporate Services Icm Attachment This report was prepared by Debbie Williams Senior Financial Analyst. 2 ~. CSD 28-2007 January 31 , 2007 Schedule A The Regional Municipality of Niagara 2007 Interim Levy Dates and Amounts INTERIM 2006 50% of 2006 Payment Due Payment Due Municipality Final Levy Final Levy March 16, 2007 May 18, 2007 Niagara Falls $56,700,828.00 $28,350,414.00 $14,175,207.00 $14,175,207.00 Port Colborne $9,766,586.00 $4,883,293.00 $2,441,647.00 $2,441,646.00 . \ $76,192,193.00 $38,096,096.00 $19,048,048.00 $19,048,048.00 St Catharines Thorold $10,565,992.00 $5,282,996.00 $2,641,498.00 $2,641,498.00 Weiland $22,289,577.00 $11,144,789.00 $5,572,394.00 $5,572,395.00 Fort Erie $18,902,949.00 $9,451,474.00 $4,725,737.00 $4,725,737.00 Grimsby $15,308,174.00 $7,654,087.00 $3,827,044.00 $3,827,043.00 lincoln $13,487,143.00 $6,743,572.00 $3,371,786.00 $3,371,786.00 NOTL $16,973,428.00 $8,486,714.00 $4,243,357.00 $4,243,357.00 Pelham $10,166,510.00 $5,083,255.00 $2,541,627.00 $2,541,628.00 Wainfleet $3,896,187.00 $1,948,093.00 $974,047.00 $974,046.00 West Lincoln $6,378,333.00 $3,189,167.00 $1,594,583.00 $1,594,584.00 Totals $260,627,900.00 $130,313,950.00 $65,156,975.00 $65,156,975.00 3 Niagara.1I Region 'PTW~"Re;g'ioH~l'MuniCipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905-984-3630 Fax: 905-641-5208 E-mail: plan@regional.niagara.on.ca PLANNING AND DEVELOPMENT January 22, 2007 File: D.10.M.11.12 Mr. Dean lorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: Re: Notice of Decision to Approve Official Plan Amendment 67 Good General Agricultural Policies City of Niagara Falls At its meeting on January 18, 2007, Regional Council approved the attached report DPD 5-2007. The report provides information and recommendations on Niagara Falls Official Plan Amendment 67 which updates the agricultural policies of the City's Official Plan to bring it into conformity with recent Provincial Planning initiatives (i.e. the Provincial Policy Statement, the Greenbelt Plan and the Growth Plan) as well as the Regional Policy Plan. Planning report DPD 5-2007 provides background on the Amendment and identifies planning issues raised by the Region and various commenting agencies with respect to the proposed agricultural policies. The Amendment, as approved, is modified by replacing it with the text provided in Appendix 1 of the report, which includes a number of revisions as highlighted in the Appendix. Official Plan Amendment 67 revises several policy sections of the Plan to modify, delete and add new policies that are more consistent with Provincial and Regional Planning requirements. Included are policies on the protection of agricultural land and farming operations, consideration for other types of uses like Bed & Breakfast operations, ancillary uses and limited non-farm development by amendment, protection for natural heritage, more specific guidance on the types of consents that would be permitted, and accommodating infrastructure facilities and corridors. Attached to this letter is a copy of the Notice of Regional Council's decision regarding the approval of the Amendment. The decision of Regional Council is final if no appeals have been received on or before the last date for filing a notice of appeal. Building Community. Building Lives. 'I ~ 2 If you have any questions about this Notice of Decision or the attached report please contact Vince Goldsworthy or Ken Forgeron, Planners or me. Yours truly, Corwin T. Cambray, M , RPP Commissioner of P ning and Development Attachments Copy: Pam Gilroy, Regional Clerk Doug Darbyson, Director, Niagara Falls Planning Department John Barnsley, Niagara Falls Planning Department Francesca Berardi, Niagara Falls Planning Department Peter Colosimo, Regional Planning Department MSWORDIKJFINIAGARAFALLSOPINOTlCEOFCOUNCILDECISION(CIRCULA TlONOPA67).DOC DPD 5-2007 January 10, 200.7 File: D.10.M.11.12 Niagara.lI Region REPORT TO: ....tl .~ Chairman and Members of the Planning and Public Works Committee SUBJECT: Official Plan Amendment 67 New land Use and Consent Policies for Good General Agriculture Areas Niagara Falls Official Plan RECOMM'E~TIONS That this Committee recommend to Regional Council: 1. That Official Plan Amendment 67 to the City of Niagara Falls Official Plan be approved with the revisions and modification identified in this report. 2. That all parties be notified of Regional Council's decision on this Amendment in accordance with Provincial Regulations. 3. That staff issue a declaration that Council's decision to "approve the above Amendment is final if no appeals are lodged within twenty (20) days of giving notice of Council's decision. 4. That a copy of this report be forwarded for information purposes to the City of Niagara Falls and all commenting agencies, departments and individuals who requested copies of the final report. . PURPOSE This report provides information and recommendations to assist Regional Council in making a decision on the approval of Niagara Falls Official Plan Amendment 67 which provides modifications and updates to the City's Official Plan with respect to policies for the Good General Agriculture area generally south of the Weiland River and west of the QEW. EXECUTIVE SUMMARY As is the case with a number of Official Plan amendments recently considered, the City of Niagara Falls has been moving forward in a number of areas to revise and update its Official Plan to achieve consistency with new Provincial Planning initiatives (ie. PJannina DPD 5-2007 January 10, 2007 Page 2 \I Act, Provincial Policy Statement, Greenbelt Plan and Places to Grow Growth Plan), as well as with the Regional Niagara Policy Plan. Official Plan Amendment 67 (OPA 67), the subject of this report, revises several policy sections of the Plan to modify, delete and add new policies that are more consistent with Provincial and Regional Planning requirements. It builds on some of the Uinterim" agricultural policies introduced previously through approved OPA 64. Included are policies on the protection of agricultural land and farming operations, consideration for other types of uses like Bed & Breakfast operations, ancillary uses and limited non-farm development by amendment, protection for natural heritage, more specific guidance on the types of consents that would be permitted, and accommodating infrastructure facilities and corridors. City and Regional Planning staff have been working quite closely on the review of the proposed amendment. The revisions and modification outlined in this report have been reviewed and supported by local Planning staff. They provide more policy guidance and clarification with respect to agriculture-related uses, site specific amendments, private servicing systems, natural heritage features/functions and farm drainage systems, maintaining viable farms, severing surplus farm dwellings, and carefully controlling severances for infrastructure facilities and corridors. This report serves a number of purposes. It provides background on the City's program to update its comprehensive Official Plan, provides an overview of the policies contained in OPA 67, identifies planning issues raised by the Region and the Province, and recommends a number of revisions needed to address those issues. It is recommended that Regional Council approve Official Plan Amendment 67 with the revisions and modification outlined in this report. FINANCIAL IMPLICATIONS Not applicable. REPORT Niagara Falls Official Plan Update There have been significant recent changes to the land use planning system in Ontario. In particular, the Province has taken a greater role in planning with the introduction of a revised Plannina Act, Provincial Policy Statement, the Greenbelt Plan and the Places to Grow Growth Plan. in Section 3.5 of the Provincial Policy Statement it states that a decision of the Council of a municipality concerning a planning matter shall be consistent with the Policy Statement. Furthermore, Policy 4.5 requires planning authorities to keep DPD 5-2007 January 10, 2007 Page 3 their Official Plans up to date with the Policy Statement. As a result of these initiatives several policy areas, including those for agriculture, need to be revised and included in the Niagara Falls Official Plan. The Regional Niagara Policy Plan was recently revised (Policy Plan Amendment 6-2005) to deal with similar matters of consistency. Official Plan Amendment 67: Agricultural Land Use and Consent Policies, Including Mapping As with previous local Amendments 64 and 65 recently approved by Regional Council, the City of Niagara Falls has continued to review its Official Plan and has found additional areas where revisions are required to comply with the new Provincial Planning regime and to achieve consistency with the Regional Niagara Policy Plan. As was discussed in DPD 114-2006, as amended (November 1, 2006), some of the changes to the agricultural policies proposed in OPA 64 were to be considered as interim onlv until further amendments on the topic could be brought forward in the coming months. In its 1993 decision to approve the Niagara Falls Official Plan, the Province did not approve a proposed IlRural/Agricultural" designation in south Niagara Falls, but instead "deferred" its decision on those lands. Those proposed policies did not satisfy Provincial policy requirements for protecting agricultural land. Thus, the City has had to rely on the policies of the former Official Plan and the Regional Policy Plan to guide development in this area. In 2003 and 2005, the City did a detailed survey of its agricultural land base, and assessed existing land use, soil capability, lot creation data, and analyzed information from the Niagara Region's Southeast Niagara Agricultural Study and the Agricultural Economic Impact Study. The review concluded: '~ review of the City's agricultural lands has demonstrated that the lands south of the Urban Area Boundary are considered a prime agricultural area by the Provincial Policy Statements; are similar in use anq soil capacity as the lands designated Good General Agricultural in the Regional Niagara Policy Plan within abutting Municipalities; and contains the potential for economically viable agricultural uses. The Good General Agriculture Policies of the City's Official Plan, with the needed updates, are considered appropriate for the subject lands. 11 Official Plan Amendment 67 (OPA 67), the subject of this report, redesignates a large portion of land (about 4,730 hectares) generally south of the Weiland River and west of the QEW, as "Good General Agriculture". It does not affect lands east of the QEW and south of the Urban Area Boundary which is the subject of separate local and Regional amendments currently being considered by Regional Council. Significant policy changes are introduced through OPA 67 to protect agricultural land and farm operations, as well as to update the consent policies that will apply to the division of DPD 5-2007 January 10, 2007 Page 4 land. The Amendment involves the replacement of the existing Good General Agriculture Land Use policies with new ones. Some of the other more substantive changes that were incorporated were: o The addition of Bed & Breakfast operations as permitted uses. o The addition of home occupations as an ancillary use to a residence. o The recognition of natural heritage features and functions in the agricultural landscape and the need to protect them. o The addition of new consent policies for the conveyance of a farm parcel and for infrastructure facilities and corridors. o Refinements to consent policies for surplus farm dwellings. o Requirements for considering a site specific official plan amendment for non- agricultural uses. Policy Review and Proposed Revisions During the circulation and review of proposed OPA 67, comments were received from the Province, the Niagara Peninsula Conservation Authority, Regional Public Works and Regional Pu blic Health. While a number of suggested revisions from the Province have been included in Appendix I as a modified amendment document, several need to be dealt with through subsequent amendments to be undertaken by the City, particularly with respect to natural heritage features and functions. Copies of all the comments received on OPA 67 are attached as Appendix II. City and Regional Planning staff have had considerable discussions over the past two years on the content of the proposed Amendment. . This Was necessary due to policy changes introduced by the Province. To ensure that greater consistency is achieved amongst local, Regional and Provincial policies, the modifications identified in Appendix I of this report are recommended for approval. The main ones pertain to: o Ensuring that permitted agriculture-related uses are small in scale and minimizing their impacts. o Outlining strict conditions by which site specific amendments will be considered to remove land from the Good General Agricultural designation in order to permit non- farm uses. o Requiring that private servicing systems (eg. for Bed & Breakfast operations) are installed to the satisfaction of the Regional Public Health Department. o Ensuring that legal non-conforming uses of land, as well as surplus farm dwelling severances, do not have a negative impact on natural heritage features/functions and farm drainage systems. o Ensuring that when a lot is severed and merged with adjoining lands, the remnant parcel must be large enough to support a viable farm operation for the type of agricultural use(s) common in the area. o Specifying conditions necessary for the severance of surplus farm dwellings. DPD 5-2007 January 10, 2007 Page 5 o Including criteria for the siting of new lots created through the severance of surplus farm dwellings. o Maintaining a previous deferral approved through OPA 64 (Deferral 1.1 ) on appropriate farm sizes resulting from the severance of agricultural parcels (ie. Farm splits. A Regional Planning report on this topic is expected early in 2007). o Controlling the types of severances allowed for infrastructure facilities and corridors that are consistent with the Regional Policy Plan and Provincial policy requirements. All of the suggested revisions have been discussed and further refined in partnership with Niagara Falls Planning staff. In order to clearly identify the revisions required to OPA 67 as they relate to Good General Agriculture areas and Consents, a consolidated document with all of the changes has been attached to this report as Appendix I for approval. Additions are shown in bold italicized font and deleted text has strikethrough. Therefore, the following text and mapping modifications are recommended for approval: Modification 1 That the proposed policies for Good General Agriculture (Section 7), Consent Policies for Good General Agriculture Areas (Part 4, Section 8.2) and Map 1 _ Schedule A as set out in Official Plan Amendment 67 be deleted in their entirety and replaced by the policies and mapping contained in Appendix I to this report for inclusion in the Niagara Falls Official Plan. CONCLUSION The City of Niagara Falls has made considerable efforts to study and reassess its 1993 policies and mapping as they apply to a large swath of land in the southwest portion of the municipality. In keeping with Provincial and Regional planning policies, the City has concluded that "these lands and the future use of these lands should be protected through the City's Official Plan..." Moreover, the City indicates that this Amendment along with recently approved OPA 64 "...will provide a needed update to the City's outdated agricultural policies and will replace the deferred Rural/Agricultural designation which had been applied to most of the agricultural lands south of the Urban Area Boundary." Considerable discussion has occurred involving local and Regional Planning staff. The additional revisions outlined in this report and as consolidated in Appendix I achieve better consistency with both the Provincial Policy Statement and the Regional Policy Plan. It is recommended that Council approve OPA 67 with the revisions and modification identified in this report. DPD 5-2007 January 10,2007 Page 6 Submitted by: Approved by: orwin T. Cambray, MCIP, RPP Commissioner of Planning an evelopment This report was prepared by Vinc~ MCIP, RPP, Planner, and Ken Forgeron, d MCIPI RPPI Senior Plannerl and reviewed by Alan G~/?Jtf)OI MCIPI RPPI Senior Policy Co-ordination Planner \.V APPENDICES Appendix I Modified, consolidated land use and consent policies for Good General Agriculture Areas in OPA 67 Pages 7-13 Appendix II Agency comments on OPA 67 Pages 14-25 SECTION 7 - GOOD GENERAL AGRICULTURE DPD 5-2007 Appendix I January 10, 2007 Page 7 PREAMBLE The lands within the Good General Agriculture area of the Municipality represent a blend of agricultural uses and natural areas. The area boasts a wide range of active agricultural uses including tender fruit and vineyards, vegetable and field crops, hay and pasture and livestock operations. This area is also characterized by some limited non-agricultural, recreational and agriculturally related uses. Interspersed with the agricultural uses are natural areas including creeks, wetlands and woodlots. It is the intent of this Plan to protect the continuation of farming operations, restrict the establishment of non-farm uses and minimize land use conflicts in favour of agriculture wherever possible while protecting the natural environment consistent with the Provincial Policy Statement and the Regional Policy Plan. POLICIES 7.1 The predominant use of land in the Good General Agricultu re Area will be for agriculture of all types including crop farming, tender fruit and vineyards, dairy farming, livestock operations, nurseries, and intensive greenhouse as well as forestry, conservation uses and farm related residential dwellings. Uses of land not related to agricultural uses will not be permitted in the Good General Agriculture Area except as provided for in this Plan. 7.2 Farm related small-scale commercial and industrial uses may be considered where such uses are directly related to and require close proximity to the agricultur~1 area farm operation which they serve and if it is not possible to locate these uses ffi Rur31 or within the designated Urban Area. Such uses will be encouraged to locate where the impact on adjacent uses is minimal and shall be implemented through a site specific zoning amendmentwithin which site design details and limits on the floor space area provisions can be established. 7.3 Uses of land and the creation of lots not related to agricultural uses are not permitted in the Good General Agriculture Area. However, Council may consider a site-specific amendment to this Plan to remove land from the Good General Agriculture designation for a non-agricultural use where it has been demonstrated that the use cannot be accommodated in a non-agricultural designation. In addition, the siting of a non-agricultural use shall be supported by qualified evidence demonstrating matters of need for the proposed use over the next 20 years, poor soil capability, suitability of the site for the proposed development, no disruption of natural areas, effects on adjacent properties and financial impact on the City. The requirements of the Provincial Policy Statement and the Regional Niagara Policy Plan also shall be satisfied. All non-agricultural uses satisfying these policy requirements shall be subject to site plan review to regulate the e'xtent of the use and mitigate any impact the use may have on adjacent lands. 7.4 Ancillary uses to the agricultural or residential use of lands within the Good General - 1 - DPD 5-2007 Appendix I January 10, 2007 Page 8 Agriculture designation such as a home industry or uses ancillary to a an existing residential dwelling such as a home occupation or a bed and breakfast facility can offer financial assistance to land owners in the agricultural area and, in the case of bed and breakfast facilities, provide an alternative form of accommodation for the City's tourism industry. These uses may be permitted where it can be demonstrated that they are compatible with and retain the agricultural, rural or rural residential character of the Good General Agriculture Area. To ensure compatibility, the ancillary uses shall remain designated and zoned for agricultural or rural purposes and be in compliance with other policies of this Official Plan. The ancillary uses shall not have associated outside storage of materials or hinder the surrounding agricultural uses in terms of noxious odours, noise or traffic and shall provide adequate on-site parking as outlined in the City's Zoning By-law. The severance of an ancillary use is not permitted. In addition to the above: (i) A home industry shall be small in scale and remain secondary to the agricultural or residential use of the property and shall be subject to a site specific zoning by-law amend ment. (ii) A home occupation or a bed and breakfast facility shall be carried on entirely within the residence and remain ancillary to the residential use of the property. (iii) Bed and breakfast facilities shall be operated by a permanent resident of the existing dwelling and shall have a maximum of 6 guest rooms. The facilities shall be carefully regulated through a zoning by-law amendment as to their location, size and traffic generation in order to minimize potential disturbances to adjacent properties and to ensure that the private sewage disposal system can accommodate the increased sewage loading to the satisfaction of the Regional Public Health Department. 7.5 Nothing in this Plan will prohibit the continued operation of legal non-conforming uses of land, buildings or structures in the Good General Agriculture Area. The expansion or enlargement of such uses may also be permitted subject to compliance with the following criteria and Part 4, Section 6 of this Plan. 7.5.1 The expansion/enlargement is considered to be minor in nature having minimum detrimental impact to surrounding uses. 7.5.2 The expansion/enlargement complies with the Minimum Distance Separation Formula or 305 metres, whichever is the greater, in order to ensure such development is suitably separated from any surrounding livestock operations. 7.5.3 The suitability of the expansion/enlargement is revie't\~od by acceptable to the Regional Public Health Department and/or the Ministry of the Environment with respect to the provision of -2- DPD 5-2007 Appendix I January 10, 2007 Page 9 water and private waste disposal systems. 7.5.4 The expansion/enlargement will not interfere '!lith YJetl3nds, designated 'Noodlots, 'Natercourses encroach into or interfere with the function of significant wetlands, habitat of threatened or endangered species, areas of natural or scientific interest, significant woodlands and farm drainage systems. 7.5.5 The expansion/enlargement is desirable for the appropriate development or use of the land, building or structure and also maintains the general purpose and intent of the Official Plan and Zoning By-law. 7.6 All development will be expected to depend on private waste disposal systems and private water supply in accordance with the requirements of the Regional Public Health Department and/or the Ministry of the Environment. Municipal sewers or water supply will not be provided within the Good General Agriculture Area except where required to correct an existing health problem as determined by the Medical Officer of Health or where there is a clean-up order from the Ministry of Environment. All alternatives to municipal mains for resolving the health concern must be considered. 7.7 The municipality recognizes its role in preserving the agricultural resource base. To every extent possible, the municipality will participate in the policy initiatives and programs of other levels of government aimed at supporting farmers by encouraging new and maintaining existing viable farm operations. In this regard, Council shall promote good farming practices by encouraging vegetative strips along stream banks on ploughed fields, crop rotation and topsoil preservation. 7.8 Notwithstanding the Good General Agriculture designation of this Plan, .two existing golf courses located in the northwest portion of the City are hereby recognized as permitted uses. These golf courses are located on Garner Road through to Beechwood Road and south to Lundy's Lane and on Beaverdams Road from Beechwood through to TownJine Road. 7.9 In order to maintain and improve agricultural operations, every attempt will be made to encourage the retention and creation of farm units of an appropriate size for the proposed farm use through the following: 7.9.1 The consolidation of small farm parcels into larger units will be promoted. 7.9.2 The establishment of additional permanent or portable farm-related residential dwellings will be permitted without severance for family members or farm help working full time on the farm, subject to a zoning by-law amendment. These dwellings may only be permitted on farms which are of a nature that additional help is required and that this assistance needs to be located close by the farm. 7.9.3 Severances will be restricted to avoid the fragmentation of farmland and creation of non-viable farm parcels. Severances will be in accordance with - 3- Part 4, Section 8 of this Plan. DPD 5-2007 Appendix I January 10, 2007 Page 10 PART 4, SECTION 8 - LAND DIVISION COMMITTEE 8.2 CONSENT POLICIES FOR GOOD GENERAL AGRICULTURE AREAS 8.2.1 A consent may be permitted for a minor boundary adjustment, easement or right-of-way provided it conforms with other policies of the Plan and does not create a separate lot for a residential dwelling. 8.2.2 Consent may be permitted for a parcel to be conveyed to and merged on title with adjoining lands on which there is an existing farm operation and the remnant parcel is large enough to support a viable farm operation that is of a size that is appropriate aAG for the type of agricultural uses common in the area. 8.2.3 Consent to seyer :J lot '.vith :In existing house considered surplus to the needs of a farm oper:Jtion may be considered '.II/here more than one permanent f:Jrm d'Nelling built before 1990 exists on one lot or ~vhore PNO or more f:Jrms have been amalgam:Jted under one o'Nnership provided that $ tho remnant p:Jrcel of farml:Jnd remains an appropriate size to function as part of the overall farm operation; $ :1 farm d'Nolling for the f:Jrm operation remain on a parcol that is o\vned by the farm operation; :Jnd that $ a vacant farm parcel created by the consont is rezoned to preclude ne\v residential dovelopment. In addition, the surplus d'Nelling must be capable of hum:Jn habit:Jtion and meat the stand:Jrds of the City's M:Jintenance :Jnd Occupancy Standards By la\A/. 8.2.3 When two or more farms have been consolidated under one farm parcel and an existing house which is capable of habitation is considered surplus and is not required as accommodation for farm help employed on the farm, the severance of a lot with the surplus house thereon may be permitted, subject to the proposal conforming in all respects to other relevant policies of this plan and provisions of the relevant zoning by-law. The vacant farm operation remnant farm parcel created by the severance shall be rezoned to preclude any further residential development. In addition, the surplus dwelling must meet the standards of the City's Maintenance and Occupancy Standards By-law. 8.2. '1 Residonti:11 sever3nces permitted under Policy 8.2.3 The lot lines for the surplus farm houses will be carefully sited so as to reduce their effect on existing farm operations, minimize the amount of agricultural land taken out of production, ensure no disruption to natural features, and allow the lots as well as existing neighbouring lots to properly function on private services. The maximum size of a lot shall be 0.4 hectares except to the extent of any additional area deemed necessary to support a well and private sewage -4- DPD 5-2007 Appendix I January 10, 2007 Page 11 disposal system as determined by the Regional Public Health Department and/or the Ministry of the Environment. Such development The lots must also satisfy the following criteria. 8.2.3.1 8.2.3.2 8.2.3.3 8.2.3.4 8.2.4.6 Severances shall be located at the corners of existing farm holdings or between established residences, wherever possible. Any new lot created will be required to have sufficient frontage on an improved public road in accordance with the implementing zoning by-law. The size of any lot created shall be sufficient to achieve the long-term functioning of a private waste disposal system and avoid any future negative effects on the ground water system. A minimum of 0.4 hectares of land should be outside the flood risk area for any new lot. ,A~dequ3te provisions shall bo made for private \\'ater supply 3nd \vaste disposal systems in accord3nce ',,,'ith the Region31 Public He31th Dopartmont and/or tho Ministry of the Environment. '"A/here an application for consont results in the cre3tion of a nevI,,' single residentbl lot 'Nithin an existing de~/elopment cluster of 5 or more lots, 3 hydrogeologic31 report that e'/3lu3tes on site and off site impacts, '}later quality 3nd 'N.ater qU3ntity may be required to confirm the suit3bility of the site for priv:Jte servicing and to eV31uate the impact of the proposed ne'N lot on tho servicing of the 3dj3cent existing lots. The report shall be prep3red and signed by 3 qU31ified prof.ossional and submittod 'Nith the development 3pplic3tion. 8.2.4 In order to minimize land use conflicts in the Good General Agriculture Area, new or expanding livestock operations and non farm uses new development on either existing lots of record or proposed new lots will be appropriately separated from each other in accordance with the Minimum Distance Separation Formula or 304.8 metres, whichever is the greater. _New dwellings on existing lots of record must only comply with the Minimum -5- Distance Separation Formula. DPD 5-2007 Appendix I January 10, 2007 Page 12 Deferral #11 to Official Plan Amendment #64 f- a) b) c) 8.2.5 Consent to convey a farm parcel may be permitted provided that the resulting parcels are both for agricultural use and the size of the resulting farm parcels: are appropriate for the farming activities proposed; are suited to the particular location and common in the area; and provide some flexibility for changes in the agricultural operation. The foregoing includes small lot severances for greenhouses and other intensive forms of agriculture subject to the condition that any new dwellings on the property are allowed only after the greenhouse and other farm buildings have been constructed or substantially completed. It is important that small lot severances for intensive agricultural uses such as greenhouse operations be of a sufficient size so that these uses have ample room for future expansion. Where an application for consent results in the creation of a new single rosidonti3110t residential building opportunity within an existing development cluster of 5 or more lots, a hydrogeological report that evaluates on-site and off-site impacts, water quality and water quantity may be required to confirm the suitability of the site for private servicing and to evaluate the impact of the proposed new lot on the servicing of the adjacent existing lots. The report shall be prepared and signed by a qualified professional and submitted with the development application. 8.2.6 Consent m3Y be gr3nted for tho cro3tion of a lot for f3cilities and corridors th3t C3nnot bo accommod3ted through the use of oasements or right of way. Now,ithstanding any other policies in this plan, facilities 3nd corridors, for the purpose of this policy, shall include: soy/age and "'3ter systems, septic systems, v.'aste management systems, electric po~..vor generation and tr3nsmission, communic3tions and/or tolocommunic3tions, transit 3nd tr3nsport3tion corridors and f3cilities, oil 3nd g3S pipelines 3nd 3ssoci3ted f3cilities but shall not includo \vaste dispos31 sitos, 'N3ste tr3nsfor stations or recycling facilities. 8.2.6 Consent may be granted for the creation of a lot for facilities and corridors of a linear nature that cannot be accommodated through the use of an easement or right of way and provided that the infrastructure is supported by the policies of this Plan, the Provincial Policy Statement, the Growth Plan and the Regional Policy Plan. The creation of lots for communication towers, waste disposal sites, waste transfer stations, automobile recycling uses, including tire storage and recycling, shall not be permitted. -6- DPD 5-2007 MAP 1 TO AMENDMENT NO. 67 Appendix I SCHEDULE - A - TO THE OFFICIAL PLAN January 10, 2007 Page 13 Area Affected by this Amendment ~ Proposed Change: Rural/Agricultural (Deferred) to Good General Agriculture The proposed designations replace the "RuraVAgriQJIturaI" designation of the QJrrent Official Plan only and do not afl'ea any other designations such as "Environmental Protedlon Area" or "Open Space" or Special Policy Areas. ~% / ~ /~ ~~ L. . "' CHIP~~ I 4lo,~ -- f1 j = ~ '" c I ..~ Re ti ~ .... WI'I:lCIG~ RB "'" ~- ~ V~ r t"'X"I V,) ,t~1 REIXINGER lID II .~,' =- ~ WE' IR RD ~ ~~ "BIGGAR-iRD. .. ;.: ~'0GAN'RD ~~~-~ . ~ ~ MIL:t:ER<RE) BOYD ~~~~ ~~ ~~ <:) y~, ~ ~ ~ ~x .'-' ~,,~ ;;.4 ~~ .~I1I~~~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ BOSSER:Ji RD o~ , ,,'" ,h^-. ~~~ ~,'-~ ~'~.Gooom'RD ~ ~ ~ -~~ ,~ ~ ~~~~I~ ~I.~ 'R'RD ~,~~ ~~ ~ ~,~~~' SAE. ~~. ~~"'~~= ~~ ~ ~~ ~ ~ ~~~~~~,~ ~I~~- ~~~~II~~ ~~ ~ ~ ~~ g.'~ ~~" ~ , ~, ~~~~~~ ~ ~ CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE - A - FUTURE LAND USE PLAN Official Plan ~ ENVIRONMENTAL PROTECTION AREA ~ EXTRACTIVE INDUSTRIAL ~ GOOD GENERAL AGRICULTURE ~ INDUSTRIAL _ MAJOR COMMERCIAL ~ MINOR COMMERCIAL ~~~~~ NIAGARA ESCARPMENT PLAN AREA ~ OPEN SPACE ~ PARI<YVAY RESIDENTIAL c::J RESIDENTIAL IfE!tJ RESORT COMMERCIAL ~ RURAl/ AGRICULTURAL (DEFERRED) IIDJ] THEME PARK MARINELAND EEEEEB TOURIST COMMERCIAL & l:NfS AM-08/2006 K:\GIS_Requesls\2OO6'1Sehedules\OP _Amendmenls\66_ and_ 67.map NOTE: This schedule forms part of Amendment No. 67 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text June 2006 . ,." DPD 5'"'2007 Ministry of Municipal Affairs and Housing Municipal Services Office Central Ontario ?77 Bay Street, 2nd Floor Toronto ON M5G 2E5 Phone: 416-585-6226 Fax: 416-585-6882 Toll-Free: 1-800-668-0230 October 27, 2006 Jlppenaix II January 10, 2007 Page 14 ~) Ontario Ministere des Affaires municipales et du Logement " Bureau des services aux municipalites Centre de l'Ontario 777, rue Bay. 2nd etage Toronto ON M5G 2E5 Telephone: " 416-585-6226 Telecopieur: .416-585-6882 Sans frais: 1-800-668-0230 Ken Forgeron Senior Planner Planning and Development The Regional Municipality of Niagara 3550 Schmon. Parkway, PO Box 1042 Thorold, ON. L2V 4T7 Dear Mr_ Forgeron: RE: Proposed Official Plan Amendment 67 Redesignation and Policies for Good General Agricultural Areas City of Niagara Falls MMAH File No: 26-DP-0034-06015 Further to your request of August 3, 2006, please find attached One-Window comments on the above noted matter. By copy of this letter, I request to receive notice of decision. Should you have any questions, please feel free to contact me at (416) 585-6085. Yours truly, ~.-mLb4\ Michelle Moretti Planner lofl MINISTRY PRECONSULT ATION ST AFFREPORT DPD 5-2007 Append i x I I January 10, 2007 Page 15 .~ '" Planning System: Bill 26, Strong Communities (Planning Act) Amendment File Number(s): Upper Tier: Mun icipaIity: Applicant: Date Rec1d by Ministry: . Date Determ ined Complete: Decision Target Date: Related Files: OP Conform ity: PPS Issues: 26-DP-0034-06015 Regional Municipality of Niagara City of Niagara Falls City of Niagara Falls August 9, 2006 None nfa - update of OP agricultural policies Update of Agricultural policies to conform to the PPS, 2005 PROPOSAL: The proposed Official Plan amendment redesignates certain lands from RuraV Agricultural (Deferred) to Good General Agriculture, and amends and updates the Good General Agriculture policies of the Official Plan, including the corresponding Consent policies. The proposed amendment brings Niagara Falls' agricultural policies in conformity with the PPS, 2005. . The amendment has two components: 1) Map change - As shown in Appendix 1, the land subject to this amendment includes all of the land previously designated Deferred Rural/Agricultural south of the Urban Area boundary and west of the QEW. . . 2) Policychange - the amendment proposes to replace the Good General Agriculture Land Use Policies and Consent Policies with updated policies for Good General Agriculture. Areas. . The City of Niagara Falls OP Good Agricultural Areas are consistent with the 'prime agricultural area' as contemplated under the PPS, 2005. BACKGROUND: The proposed amendment applies to approximately 4,730 hectares of the City's agricultural lands south of the Urban Area boundary and west of the QEW. The Rural! Agricultural policies and mapping were. originally deferred by the Province in 1993, when the OP for Niagara Falls came into effect. The City. had to rely on the policies of the former OP and the Regional Policy Plan to guide development in this area. The City is now updating their agricultural policies to be consistent with the PPS, 2005. ONE WINDOW REVIEW/CONSULTATION: The following assessment is based on a review of the: · Planning Act, R.S.O 1990; · Provincial Policy Statement, 2005; · Niagara Regional Policy Plan; 1 · City of Niagara Falls Official Plan.{OP); and · draft Official Plan amendment 67 provided to the Ministry of Municipal Affairs on August 9, 2006. The Ministries of Transportation, Natural Resources, Agriculture and Food, Culture and the Environment were circulated and consulted through the One Window Protocol. A public meeting was held on May 9, 2006 in conjunction with proposed OPA 66 and proposed ROPA 170. Note that OPA 66 and ROPA170 considered the City's agricultural lands located east of the QEW. Councillor the City of. Niagara Falls adopted proposed OPA 67 at a public meeting held on July.10, 2006. . DPD 5-2007 Appendix II January 10, ~007 Page 16 MINISTRY ASSESSMENT: The below comments represent MMAH's and its partner ministries review of the proposed amendment. The comments offer recommendations for the Region's . consideration prior to approval of the amendment. The following includes general policy clarifications and technical. modifications. Policv Clarification: Section 7.4 - Ancillary Uses: technical This policy speaks to ancillary uses to the agricultural or residential use of lands within the Good General Agriculture Designation. Please clarify if these are existing residential uses or new residential uses created by lot creation. Section 7.5 - Legal Non-conforming. Uses technical This policy speaks to the expansion or enlargement of legal non-conforming uses. Please clarify if this is limited to the existing building or structure, or the 'use' of the land. Section 7.5.4 & Section 8.2.4.5 Sections 2.1.3 and 2.1.4 of the PPS, 2005 protects natural heritage features and . . functions from development and site alteration. Further section 2.1.5 does not allow development and site alteration on lands that are adjacent to natural heritage features and functions. Accordingly sections 7.5.4 and 8.2.4.5 must be modified to be consistent with the objective and intent of the PPS, 2005. Section 7.8 - Existing Golf Courses: Please clarify if the two existing golf courses are located within the amendment area. If so, they should be placed in a rural designation. Section 8.2.3 - Surplus Dwelling Severances: Subsection 2.3.4.1 (c) of the PPS permits severance of a residence surplus to a farming operation as a result of farm consolidation, provided that the planning authority ensures that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. Section 8.2.3, which provides for severances of surplus farm dw.ellings, does not appropriately address 2.3.4.1 (c) of the PPS, 2005~ As such the following recommendations are made: · Clarify the requirement of one permanent dwelling being constructed prior to 1990. 2 OPD 5-2007 Appendix II January 10, 2007 Page 17 · The policy must explicitly outline the condition of a farm consolidation as a prerequisite for severance of a surplus residential dwelling. The wording should be modified to: "... where more than one permanent farm dwelling built before 1990 exists on one lot and where that lot has been amalgamated with one or more farms under one ownership provided that. ~ .". . · The policy must also explicitly state that the planning authority must ensure that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. · The farm operation referred to in the second bullet needs to be clarified · The third bullet should be changed from, "...a vacant farm parcel..." to "...a remnant farm parcel. .." Section 8.2.4 - Effects of Residential Severances: Given that farm consolidation properties should already have an existing house on lands and private services, please clarify why these policies are necessary. Section 8.2.4. 1 Please explain under what circumstances proposed new lots would be permitted. Section 8.2.4.2 - Severances: Please clarify the type of severances that may be permitted under this policy. Section 2.3.4.3 of the PPS, 2005 provides that the creation of new residential lots in prime agricultural areas is not permitted. Accordingly,. this policy should state that residential severances are not permitted in prime agricultural areas. Section 8.2.5 - Consent to convey a farm parcel: Please provide a definition of 'other intensive forms of agriculture'. . Section 8.2.6 While community infrastructure may be permitted through the consent policies, it is. noted that this section excludes waste disposal sites, waste transfer .stations and recycling facilities. Please clarify the restrictions. T echnicaJ Modifications: Section 7. 1 - Permitted Uses: This section outlines predominant land uses in the Good General Agriculture Area as crop farming, tender fruit and vineyards, dairy farming, livestock operations, nurseries, and intensive green houses. Section 2.3.2 of the. PPS states that planning authorities shall designated specialty crop areas in accordance with evaluation procedures established by the Province. As such, please ensure that any tender fruit and vineyards that may be within the subject area are appropriately designated on Schedule A to OPA 67. Section 7.2 - Agricultural Related Uses: It appears that this policy is not consistent with the definition of Agriculture-related uses provided in the PPS, 2005; As such, this policy should be modified to read; "Farm related small-scale commercial and industrial uses may be considered where such uses are directly related to and require close proximity to the farm operation which they senie if it is not possible to Jocated these uses..." 3 DPD 5-2007 Append i x II J a nua ry 1 0, 2007. _ Page 18 Section 7.4(iii) - Existing uses: The first sentence should be modified to read; "Bed. and breakfast facilities shall be . operated by a permanent resident of the existing dw~Uing..." Sections 7.5.2 & 8.2.4. 1 -Minimum Distance Separation and Additional Setbacks: These sections state that particular land uses must meet the appropriate Minimum Distance Separation (MDS) formulae setback or 305 meters, whichever is the greater. Policy 2.3.3.3 of the PPS states that: {(new land uses, including the creation of lots, and new or expanding livestock facilities shall comply with the minimum distance separation formulae. Reference to the 305 meter setback should be deleted, as the MDS should be adequate to provide the necessary buffer. Section 8.2.4.6 This section, which contemplates the creation of new residential lots through consent, appears to be in conflict with the PPS. Sections 2.3.4.1 (c) and 2.3.4.3 of the PPS, 2005 prohibits the creation of new residential lots in prime agricultural areas. Accordingly this section should be deleted. Relationshio to the Reaional Niagara Policv Plan: The subject lands are designated Good General Agricultural Areas in the Niagara Regional Policy Plan. This designation includes organic soils and Classes 1 to 3 agricultural lands. This designation provides the second highest level of protection after the 'Good Tender fruit Lands' and 'Good Grape Lands' designations. The predominant use of land in the Good General Agricultural Area designation is all type of agriculture, including livestock operations, and non-agricultural uses are not permitted. The Regional Policy Plan consent to convey land may be permitted within -the Good General Agricultural Area, subject to satisfying the outlined criteria in section 6.A.9(a), (b), (c), (d), (e) or (f) and 6.A.9.1. Overall, proposed OPA 67 appears to conform to the objectives and intent of the Good General Agricultural Area policies in the Regional Policy Plan. Matters for further clarification: It is noted that the proposed OPA contemplated private water and sewage systems in the Good. General Agricultural Area. Where full municipal services are not available, section 1.6.4 of the PPS contemplated private communal water and sewage systems as the preferred method of servicing in rural areas. In areas where full municipal services 4 ~ . I DPD 5-2007 Append i x I I January 10, 2007 Page 19 . or private communal services are not available, Section 1.6.4.4 of the PPS allows for individual on-site water and sewage services for new development of five lots or less. It is expected that the City will appropriately address servicing when updating the servicing policies of their Official Planto conform -to the PPS, 2005. We note that Schedule 'A' includes a number of environmental protected areas throughout the amendment area. Based on our review, it appears that a number of Provincially Significant wetlands have been omitted. These should be added prior to approval of t~e amendment. Please find attached a map of the PSW's within the subject area. Further, we are currently working on refining the definition of an 'agricultural-related residential dwelling' and will provide comments at a later date. Prepared by: Date: ~ · d-=tf1)l.D ate: (jG7 u9 (0 h --rn ~UlJJ' Michelle Moretti Planner 5 o '0 P >< N o o " Niagara'" Region DPD 5-2007 Append i x r I January 10, 2007 Page 21 MEMORANDUM Co :1 JUN 27 2006 \.0). A:e glonal MunicIpality \ . of Niagara PLANNING DATE: june.26, 2006 TO: David Farley Director of Planning Services Planning and Development Department SUBJECT: Official Plan Amendment Nos. 66 & 67 Applicant: City of Niagara Falls Proposal: Re-designation of Lands in the City of Niagara Falls Our File: D.10.04.66 (lD#5163) \ Regional Niagara Public Works Department has reviewed the above-referenced Official Plan Amendments. From a Planning perspective, we have no objection to the intent of this proposal. However, it should be understood that these areas should be developed with private servicing, if necessary, as this Department would not agree to assume any communal sewer system. ~ '. ."..;1'/'.. . " __ ~ .' r':"'_ _~,e-. ~- William j. stevens, C.E.T. Development & Approvals Manager Public Works Department Operational Support Services Division WjS/cm L:\Engineering-Planning-and-DevelopmentWetrone-Carmen\Niagara Falls\CORRESPONDENCE 2006\11226.David Farley.doc :~. r-~ . Niagara" Region DPD 5-2007 Appendix II January 10, 2007 Page 22 MEMORANDUM DATE: October 3, 2006 TO: Ken Forgeron, MCIP, RPP Senior Planner Community Planning Poticy and Information SUBJECT: Official Plan Amendment No. 66 and No. 67 App~icant: City of Niagara Falls Proposal: Redesignation & Policies for Good General Agricultural Areas Location: lands located south of the' City's Urban Area Boundary and east of the QEW and land of the Legends Golf Course, south of Regan Dr~ve City File: Official Plan Amendment No. 66 and No. 67 Our File: D.10.04.66 (lD#5163) Regional Niagara Public Works Department has reviewed the above-referenced Official Plan Amendment Application and advise that we have no objection to this proposal. ~l ~.~~ William J. Stevens, C.E.T. Development & Approvals Manager public Works Department 'Operational Support Services Diyision CV/cm L:\Engi neeri ng.,.Plan ning-and-Deveropment\ Vetrone-Carmen\N iagara Far Is\CORRESPO N DENCE 2006\13265. Ken Forgeron.doc ... rJI NIAGARA PENINSULA ~.I CONSERVATION ~AUTHOR'TY DPD 5-2007 Appendix II January 10, 2007 Page 23 ~. 250 Thorold Road West, 3rd Floor Tel (905) 788-3135 WeUand, Ontario l3( 3W2 Fax <905) 788-1121 E.mail: npca@conservation-niagara.on.ca Tuesday, December 05, 2006 File MPR 4.18 /;- ../ ; c, I Mr. Ken Forgeron, MCIP, RPP Senior Planner Regional Niagara Planning and Development 3550 Schmon Parkway Thorold, ON L3C 3W2 Dear Sir: Subject: OPA No. 67 Agricultural Policies Update City of Niagara Falls The above noted amendment will redesignate certain lands from Deferred Rural/Agriculture to Good General Agriculture as well as update some of the City's "Good General Agriculture" policies. The NPCA have no commenting issues on the proposed amendment. We note that policies 7.5.4, 8.2.4.5 and 8.2.4.6 provide for protection of wetlandsJ woodlots, watercourses and farm drainage. Yours truly, . ~. Senior Watershed Planner (ext. 234) PES cc: Doug Darbyson, Director of Planning & Development, City of Niagara Falls Niagara DPD 5-2007 Append i x I I January 10, 2007 Page 24 PUBLIC HEALTH DR. ROBIN WILLIAMS Medical Officer of Health ~ Main Office 30 Hannover Drive S1. Catharines, ON L2W 1A3 Phone: 905-688-3762 1-800-263-7248 Fax: 905-682-3901 Branch Offices o Niagara Falls 5710 Kitchener Street Niagara Falls, ON L2G 1 C1 Phone: 905-356-1538 Fax: 905-356-7377 o Sexual Health Centre Phone: 905-358-3636 Fax: 905-358-2717 o Weiland 540 King Street Weiland, ON L3B 3L 1 Phone: 905-735-5697 Fax: 905-735-4895 o Sexual Health Centre Phone: 905-734-1014 Fax: 905-734-1770 o Fort Erie 43 Hagey Street Fort Erie, ON L2A 1W4 Phone: 905-871-6513 Fax: 905-871-3020 o Sexual Health Centre Phone: 905-871-6513 Fax: 905-871-3020 o St. Catharines Sexual Health Centre 277 Weiland Avenue S1. Catharines, ON L2R 2P7 Phone: 905-688-3817 1-800-263-5757 Fax: 905-688-6063 o Population Health Division Phone: 905-641-2118 Fax: 905-688-5100 o Emergency Services Division Phone: 905-641-2218 Fax: 905-688-5079 509 Glendale Avenue East Niagara on the Lake, ON LOS 1 JO www.reaional.niaaara.on.ca An Accredited Public Health Department September 18,2006 Ken Forgeron, MCIP, RPP Senior Planner Regional Planning & Development 3550 Schmon Pkwy. Thorold, Ontario L2V 4Y6 Dear Mr. Forgeron: RE: Proposed Official Plan Amendment 67 Redesignation & Policies for Good General Agriculture Areas City of NiaQara Falls This department has reviewed the proposed amendments mentioned above and offer the following comments. Section 8.2.4 states: llResidential severances permitted under Policy 8.2.3 will be carefully sited so as to reduce their effect on existing farm operations, minimize the amount of agricultural land taken out of production, ensure no disruption to natural features, and allow the lots as well as existing neighbouring lots to properly function on private services. The maximum size of a lot shall be 0.4 hectares except to the extent of any additional area deemed necessary to support a well and private sewage disposal system as determined by the Regional Public Health Department and/or the Ministry of the Environment. Such development must also satisfy the following criteria." This department recommends the lot created will be of sufficient size (minimum .4 hectares) to accommodate a sewage disposal system with a 100% spare area for sewage disposal purposes. Section 8.2.4.6 states: "Where an application for consent results in the creation of a new single residential lot within an existing development cluster of 5 or more lots, a hydrogeological report that evaluates on-site and off-site impacts, water quality and water quantity may be required to confirm the suitability of the site for private servicing and to evaluate the impact of the proposed new lot on the servicing of the adjacent existing lots. The report shall be prepared and signed by a qualified professional and submitted with the development application." This department recommends the hydrogeological report be peer reviewed by a qualified person. 2/. .. Building Community. Building Lives. .. fit DPD 5-2007 Appendix II January 10, 2007 Page 25 Ken Forgeron, MCIP, RPP September 18, 2006 - 2 Section 8.2.6 states: "Consent may be granted for the creation of a lot for facilities and corridors that cannot be accommodated through the use of easements or right of way. Notwithstanding any other policies in this plan, facilities and corridors, for the purpose of this policy, shall include: waste management systems, eleCtric power generation and transmission, communications and/or telecommunications, transit and transportation corridors and facilities, oil and gas pipelines and associated facilities but shall not include waste disposal sites, waste transfer stations or recycling facilities. " If lots arecr~ated to accommodate a sewage system serving a dwelling not on the same lot as the sewage system, approval for the sewage disposal system must be obtained from the Ministry of Environment. Please contact this office if further is required. Yours truly, Ivd cc Dave Farley, Niagara Region Planning Peter Colosimo, Niagara Region Planning Francesca Berardi, Niagara Falls Planning John Barnsley, Niagara Falls Planning Niagara.' Region F!.HIl;J;eJ~:lf~~n@~'~'~~ril?~\ity-pf Niagara 2201 S1. David~s"R6aa,'''P~b. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905-984-3630 Fax: 905-641-5208 E-mail: plan@regional.niagara.on.ca PLANNING AND DEVELOPMENT January 29, 2007 File: D16.UR.re Mr. Dean lorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida: Re: Smarter Niaaara Incentives Proaram Up-date At its meeting on January 18, 2007, Regional Council approved the attached report DPD 8- 2007/CSD 6-2007. The report proposes further improvements to the Smarter Niagara Incentives Program. These improvements reflect the Region's commitment to meet the needs of the Area Municipalities in ensuring successful program delivery. You will note that the report proposes increases in the amounts of the maximum grant under the Residential Grant Program, and the Fac;ade Improvement Program. These increases reflect the operating experience of participating municipalities. You will also note that the report proposes a 'Two Phase' approach to program delivery whereby municipal infrastructure projects and public realm improvements could be considered in the second half of 2007. This option will be explored further through the CI P Contact Group. We continue to look forward to working with the Area Municipalities through the CIP Contact Group in delivering and continuously improving the Smarter Niagara Incentives Program. Should you have any questions or comments please do not hesitate to contact Alan Gummo, MCIP, RPP, Associate Director, Planning, or me. Corwin T. Cambray, MCIP, RPP Commissioner of Planning and Development c: Mr. Doug Darbyson, MCIP, RPP, Director of Planning & Development, City of Niagara Falls Building Community. Building Lives. . . . DPD 8 -2007 CSD 6 --2007 January 10,2007 File: D16.UR.re Niagara" Region REPORT TO: Chair and Members of the Planning and Public Works Committee Chair and Members of the Corporate and Financial Services Committee SUBJECT: Smarter Niagara Incentives Program Up-date RECOMMENDATIONS That this Committee recommend to Regional Council: 1. That the maximum grant under the Residential Grant Program be increased from $2,000 per unit to $5,000 per unit to bring the Region's program into closer alignment with local programs; 2. That the maximum grant under the Fayade Improvement Program be increased from $2,000 per property to $5,000 per property to bring the Region's program into closer alignment with local programs; 3. That a 'Two Phase' approach to program delivery be developed and tested as a pilot in 2007, subject to implementation details being brought back to Council for approval prior to implementation; 4. That the Smarter Niagara Incentives Program be recommended subject to budget approval at a level of $1 ,000,000 for 2007; and, 5. That Staff continue to investigate the challenges faced by tax-exempt properties with respect to access to the Smarter Niagara Incentives Program, it being understood that proposed solutions will be brought to Council for ratification prior to implementation. 6. That this report be circulated to the Area Municipalities for information. DPD 8 --2007 CSD 6 --2007 January 10, 2007 Page 2 . PURPOSE The purpose of this report is to provide information on the take-up of the Smarler Niagara Incentives Program during 2006, and propose further improvements in support of program effectiveness. EXECUTIVE SUMMARY This Report provides a summary of activity for the Smatter Niagara Incentives Program during 2006. Incentives were provided pursuant to the Development Charges Waiver/Exemption Program, the Canada/Ontario Affordable Housing Program, the City of St. Catharines Community Improvement Program, and the Niagara-on-the-Lake Heritage Restoration Program. As a result of experience with the Program during 2006 a number of improvements are recommended to bring the Program into closer alignment with local programs, and broaden its scope to provide opportunities for investment in municipal infrastructure projects and public realm improvements. The challenges faced in previous years by tax- exempt properties in accessing the Program will require further investigation in 2007. FINANCIAL IMPLICATIONS . The recommendations of this Report are subject to Council's decisions regarding funding the Smarler Niagara I ncentives Program in the context of 2007 budget deliberations. REPORT Background In considering the results of the Smarler Niagara Incentives Program since its inception in 2002 it is important to bear in mind that many of the incentive programs are dependent on the lower tier municipalities adopting enabling Community Improvement Plans. The Region has supported these planning initiatives through grants and in-kind staff support to Thorold, St. Catharines, Niagara Falls, Weiland, Port Colborne, and Fort Erie. Similar involvement is expected in West Lincoln and Grimsby in the near future. As completion of a municipal CIP is a prerequisite for these incentives, some 'lag' between the initiation of a CIP and up-take of incentives by the private sector is to be expected. In addition, the area municipalities who administer the incentive programs locally have observed a 'snow ball' effect in terms of interest after the first application. I n support of the continuous improvement of the Program, the Vice-President of Smart . Growth and Partnerships has convened the CIP Contact Group. The Group has representation from each of the municipalities that has in place, or is considering establishing, a Community Improvement Plan. The Group meets regularly to share information on the implementation and administration of the Program. . . . DPD 8 --2007 CSD 6 --2007 January 10, 2007 Page 3 In addition to the CIP-related incentives, the Smarter Niagara program includes Waiver/Exemption of Development Charges. This incentive program, which is incorporated into the provisions contained in the Region's Development Charges By-law, is available in central areas of the municipalities at the 750/0 level, and for developments exhibiting certain 'smart growth' characteristics at the 1000/0 level, as defined in the By-law. Since the inception of the Smarter Niagara Incentives Program incentives have been granted in the following general program categories: 1. Development Charges Waivers/Exemptions 2. Canada/Ontario Affordable Housing Program 3. City of St. Catharines Community Improvement Project Areas 4. Town of Niagara-on-the-Lake Heritage Restoration Grant The following discussion will summarize the activity in these categories in 2006. Summary of Activity in 2006 Development Charoes Waiver/Exemption Proaram: These data indicate that the Development Charges Waiver/Exemption program is the 'most frequently used' of all the programs. It has contributed to the construction of 157 residential units, and 99,000 square feet of non-residential space, during its first three years. A summary of the projects that have qualified under the Development Charges Waiver/Exemption Program during the period 2003-2005 is attached in Appendix 1. It should be noted that the data have been collected on a 'best efforts' basis and is subject to data-sharing with the area municipalities. Data for 2006 are still being compiled at the time of this report. Weiland Mills in Thorold The data also demonstrate increasing year-over-year demand for the Program as the private sector adapts to its availability. Canada/Ontario Affordable Housina Proaram: In the first round of the Canada/Ontario Affordable Housing Program all the successful candidates made some use of the Smarler Niagara Incentives Program. The following made particular use of the Grant/Loan options that are available. DPD 8 --2007 CSD 6 --2007 January 10, 2007 Page 4 . 1. 26 Mill Street, Weiland, 39 apartment units, $143.5K Residential Loan, $177.9K Downtown Redevelopment Tax Increment Grant Groundbreaking ceremony for the 2. 176-178 King Street, Weiland, 28 apartment Bethlehem Project units, $91.8K Residential Loan, $10K Building and Fa<;ade Improvement Loan 3. 151 James Street, S1. Catharines, 40 apartment units, $40K Residential Intensification Grant 4. 36 Page Street, 81. Catharines, apartment units, $40K Residential Conversion Grant, $126.5K Brownfield Leadership Grant, $2K Fa<;ade Grant It should be noted that other projects in this category in both St. Catharines and Thorold have qualified under the Development Charges Waiver/Exemption Program. . Proposals for the second round of the Canada/Ontario Affordable Program will be received by Niagara Regional Housing early in 2007. City of St. Catharines Community Improvement Proiect Areas: The City of St. Catharines is the first local municipality to gain approval for a Community Improvement Plan involving the use of incentives. As a result the City is the first of the local municipalities to gain access to the Smarter Niagara Incentives Program. Appendix 2 details the approvals that have been granted under the St. Catharines Community Improvement Program. The data indicate that of the total incentives granted ($1,031,600) the Region's portion is $354,800. This investment has supported the addition of 146 units to the City's housing stock. Furthermore, the City has indicated that a commitment of $105,000 through fa<;ade grants ($83,000 City, $22,000 Region) has encouraged construction investment totalling $371,559. This investment is particularly important to the public realm in that it encourages streetscape improvement in eligible areas. Bethlehem Place St. Catharines . . DPD 8 --2007 CSD 6 --2007 January 10, 2007 Page 5 Niaqara-on-the-Lake Heritaqe Restoration Grant: Under this Program eight projects have been approved in 2006 for various restoration works. This is a matching-grant Program with the Town for which the Region's share in 2006 is $12,175. Heritage restoration grants support the Smarter Niagara objective to foster distinctive, attractive communities with a strong sense of place, and support improvements in the public realm. Recommended Improvements to the Smarter Niagara Incentives Program As a result of experience during 2006 it is proposed, through the CIP Contact Group, that the Incentives Program be adjusted as follows. 1. Increase the maximum qrant under the Residential Grant Proqram from $2.000 per unit to $5.000 per unit. . This recommendation reflects the local municipalities' experience with the Program. The municipalities' programs have established upset limits in the order of King William Apartments in $15,000 per unit, based on current local construction costs. St. Catharines The original grant amount was based on construction costs in 2001-2002, and has not been adjusted to reflect increasing costs. The CIP Contact Group supports an increase in this order of magnitude. Implementing the increase will bring the Region's program into closer alignment with the local programs. 2. Increase the maximum Facade Improvement Grant from $2.000 per property to $5.000 per property. This recommendation also reflects the local municipalities' experience with the Program. The intent is to make the Program more meaningful in relation to actual improvement costs. In 8t. Catharines, for example, cost estimates for individual projects ranged from $24,600 to $64,000 in 2006. As a result of their experience the local municipalities are offering incentives in the area of $10,000 per property. . DPD 8 --2007 CSD 6 --2007 January 10, 2007 Page 6 . The CIP Contact Group supports an increase in this order of magnitude. Implementing this recommendation would bring the Region's program into closer alignment with the local programs. 3. I mplement a Pilot 'Two Phase' Approach to Prooram Delivery. A two-phase approach to program delivery is proposed as a pilot for 2007. This recommendation is made in conjunction with a recommended overall Program allocation of $1 ,000,000 as in 2006. In the first phase, occurring within the first six months of the year, the Incentives Program would operate as in previous years. Opportunities for investment would continue to be evaluated in accordance with the Investment Criteria adopted by Council in 2006 (DPD 38 - 2006). These opportunities would be brought forward by private sector investors and considered for approval by the local municipal councils. In the second phase the Program would be expanded to allow for consideration of special projects in a competitive evaluation process. Special projects could include municipal infrastructure projects and public realm improvements. Each project would be required to provide a business case justification consistent with the Smarter Niagara Principles. This phase of the Program would be funded from a proportion of the uncommitted funds available for investment in the second half of 2007. The remaining funds in the Program would continue to be available for investment in private sector projects. . Should this approach be approved in principle Staff would bring back implementation details including eligibility criteria and parameters for funding for Council's further consideration. 4. Continue to Investioate the Challenoes Faced bv Tax-Exempt Properties. The challenges faced by the not-for profit sector in accessing the Incentives Program have been noted in previous reports. These challenges are in part related to the business case needs of individual housing providers. More review is required to address these challenges and identify generic solutions for inclusion in the Program. The 2007 process under the Canada/Ontario Affordable Housing Program will provide opportunities to explore options to resolve these challenges. A follow-up report will be provided based on this review. CONCLUSION The Smarter Niagara Incentives Program continues to deliver meaningful results. Further improvements can be made in response to demand. These improvements will enhance the effectiveness of our partnerships with the local municipalities. . . . . DPD 8 --2007 CSD 6 --2007 January 10, 2007 Page 7 Submitted by: Approved by: Mike Trojan Chief Administrativ John Bergs a Commissi ner of Corporate Services This report was prepared by Alan ~mo, MCIP, RPP, Senior Policy Coordination Planner, and John Murphy, Manager of Policy and Development, in collaboration with Mark Brickell, Vice President, Smart Growth and Partnerships, and with input from the CIP Contact Group. Images courtesy of Niagara Regional Housing. APPENDIX Appendix I 2003-2005 Smart Growth Refunds-Waived Page 8 Appendix 2 City of St. Catharines Community Improvement Program Approvals Page 10 DPD 8-2007 CSD 6-2007 Appef-ldj'x!l, jJanuary 10, 2007 Page 8 2003a2005 SMARTGROWTH REFUNDSaWAIVED CONFIRMED ANAL YSIS AND ESTIMATE FOR EXEMPTIONS APPROVED a NOT YET CONFIRMED AS CONSTRUCTED . Dec 31/05 ~ Date Address Municipalitv Tvpe of Units Residential - Non-Res - Exemption Smartqrowth Smartqrowth TOTAL 2003 # of Units Sauare .% Refunds Waived SmartQrowth Benefitina Footaae REFUNDS & WAIVED Jun 6/03 147 Division st Weiland apartment 1 100% 1,800.00 1,800.00 Jul 30/03 501 Sutherland Ave WeIland single detached 1 75% 2,250.00 2,250.00 Sep 23/03 Holary Rosary School Thorold other multiple 8 100% 22,000.00 22,000:00 @ Metcalfe St Sep 24/03 6 Colborne Thorold single detached 1 100% 3,250.00 3,250.00 Sep 29/03 25 Division St St Catharines other multiple 2 100% 5,500.02 5,500.02 Sep 29/03 23 Division St St Catharines other multiple 2 100% 3,000.00 3,000,00 Sep 30103 36 Merrit St St Catharines other multiple 3 100% 10,500.00 10,500.00 Oct 1/03 59 Marlatts Rd, Lot 50 Thorold single detached 1 75% 2,250.00 2,250.00 Oct 10/03 2A Bessey st St Catharines other multiple 2 100% 6,250.00 6,250.00 Oct 10/03 280-288 Oakdale Ave St Catharines other multiple 26 75% 52,500.04 52,500.04 & Carson Court Oct 10/03 Lot 66, Marlatts Rd Thorold single detached 1 75% 2,437.50 2,437.50 Nov 25/03 30 & 32 McNamara St Thorold single detached 2 75% a) 4,875.00 4,875.00 Dee 2/03 112 Smits Cove Twp West Lincoln other multiple 4 100% 7,600.00 7,600.00 54 0 $119,337.56 $4,875.00 $124,212.56 a) This exemption was not given via an NP refund cheque but rather by reducing the original amount of the payment from $6,500 to $1,625 thus giving a Smartgrowth Waived amount of $4875. The Total 2003 Smartgrowth RetundslWaived was $124,212.56. . 2004 Date Address Municioalitv Tvpe of Units Residential - Non-Res - Exemption Smartqrowth Smartqrowth TOTAL 2004 # of Units Sauare .% Refunds Waived SmartQrowth Benefitina Footaae REFUNDS & WAIVED Jan 1/04 Holary Rosary School Thorold other multiple 2 100% 6,250.00 6,250.00 Mar 16/04 213 St Paul St Sl Catharines apartments 2 (900) 100% 1,820.00 1,820.00 Apr 16/04 230 West St Port Colborne 500 75% 712.50 712.50 May 11/04 56 Kerman Ave Grimsby apartments 28 100% 53,200.00 53,200.00 Aug 17/04 49 Patricia St Thorold single detached 1 75% 2,625.00 2,625.00 Oct 1/04 56 Kerman Ave Grimsby apartments 17 100% 32,300.00 32,300.00 Oct22/04 Fonthill Public School Fonthill other multiple 36 100% 10,500.00 a} 115,500.00 a} 126,000.00 Oct 22/04 b) 6 Wright St St Catharines 7,100 75% 12,516.90 b} 1,603.80 b) 14,120.70 Nov 19/04 b) 6 Wright St St Catharines 75% (801.90) b} (1,603.80) b} (2,405.70) 86 6,700- $112,872.50 $121,750.00 $234,622.50 a) 3 townhouse units were paid for then refunded under the Smartgrowth program, the remaining 33 units had the ROC waived upon issuance of those building permits. b) the net Smartgrowth refund was 7100 sq ft x 2.20 x 75% = $11,715.00. The Total 2004 Smartgr~wth RetundslWaived was $234,622.50 . . " DPD 8-2007 CSD 6-2007 Appendix 1 January 10, 2007 Page 9 2005 Date Address Municioality Type of Units Residential - Non-Res - Exemotion Smartarowth Smartarowth TOTAL 2005 . # of Units Sauare .%. Refunds Waived Smartarowth Benefitino Footaoe REFUNDS & WAIVED Jan 1/05 (2004) 1550 McCleary Thorold 2,440 75% 5,490,00 5,490.00 Jan 10/05 143 Duncan St Weiland 3,436 75% 7,731.00 7,731.00 L. Viqer Construction Apr1/05 64-66 Promenade Richelieu Weiland other multiple 2 75% 4,687.50 4,687.50 Apr1/05 68-70 Promenade Richelieu Weiland other multiple 2 75% 4,687.50 4,687.50 Apr1/05 72-74 Promenade Richelieu Weiland other multiple 2 75% 4,687.50 4,687.50 Apr1/05 80 Promenade Richelieu Weiland single detached 1 75% 2,625.00 2,625.00 Apr1/05 86 Promenade Richelieu Weiland single detached 1 75% 2,625.00 2,625.00 Apr1/05 67 Wallace St Weiland single detached 1 75% 2,625.00 2,625.00 Aug23/05 29,31,31 1/2,33 Thorold Rd Weiland other multiple 4 75% 10,500.00 10,500.00 Oct 12/05 80 King St St Catharines 1,645 75% 3,701.25 3,701.25 Nov1S/05 21 Southworth St Weiland 2,055 75% 3,390.75 3,390.75 Nov22/05 110 First St Weiland 81,950 75% 184,387.50 184,387.50 Deci/05 Water St, Part Lot 58&159 Thorold single detached 1 75% 3,591.00 3,591.00 Dec5/05 29 King St, Lot 28 Thorold other multiple 3 75% 8,379.00 8,379.00 Dec 21/05 80 King St St Catharines 818 75% 1,963.20 1,963.20 17 92,344 $25,328.25 $225,742.95 $251,071.20 The Total 2005 Smartgrowth RefundslWaived was $251,071.20 GRAND TOTALS Type of Units . Single detached Other multiple Apartment Non-Residential Residential - # of Units Benefitinq 11 98 48 Non-Res. Square Footaqe 157 99,044 99,044 TOTAL CONFIRMED 2003-2005 Smartqrowth REFUNDS & WAIVED $29,153,50 $272,541.56 $89,120.00 $219,091.20 $609,906.26 . DPD 8-2007 ~ ~:5~ o '51 C3 I- Ql ex: c: c: o 0 '51 1:: Ql 0 _ex:c. c: III (; iii '0 I- c: ~:2 (.) 0 c. c: c: o 0 '51 1:: - Ql 0 c:ex:c. ~ ~ III Ql (..)I> III 0 LLc. ~ >.:5 :!:1:: (.)0 c. '<t LO C:i <0 o o "I ;::: ..- :5 c: c: n ,2 ,2 :3 OJ 1:: iii~~~ :Q c: c: 0 Ql(.) "'C- .- c: III 0 Ql ,- ex: l!! Ql c: ~~:2 0(.)0 (.) c. III l!! <( S '2 ::J '0 0 Z Ql 1\1 ;:0 u- c: III :3 > o e E (.)Q. Q. f! <( III III l!! "'C "'C <( iii Q. 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Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905-984-3630 Fax: 905-641-5208 E-mail: plan@regional.niagara.on.ca PLANNING AND DEVELOPMENT February 1, 2007 File: D.16.UR.re Mr. Dean lorfida Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida: Re: Smatter Niagara Incentives Program - Township of West Lincoln Community Improvement Plan for Smithville At its meeting on January 18, 2007, Regional Council approved the attached report DPD 7-2007. The report recommends that the Region participate in the Community Improvement Plan for Smithville through funding at the benchmark level of $25,000 for local community improvement plans. The Region is pleased to continue our very productive working relationship with the local municipalities in implementing the Smarter Niagara program. Should you have any questions, or wish to discuss either community improvement, or the Smarter Niagara Incentives Program, please do not hesitate to contact Alan Gummo, MCIP, RPP, Associate Director, Planning, or me. Yours truly, Corwin T. Cambray, MCIR PP Commissioner of Planning and Development c: Mr. Doug Darbyson, MCIP, RPP, Director of Planning & Development City of Niagara Falls Building Community. Building Lives. ( DPD 1--2007 January 10, 2007 File: D16.UR.re c. Ni~lar~" Regi~n REPORT TO: Chair and Members of the Plahhin~ and Public Works Committee S'UBJECT: Implementation of Smatter Niagara Incentive Programs Local and Regional Partnerships Township of West Lincoln Community Improvement Plan for Sli1ithville RI:COMMENDATIONS That this Committee reCommend to Regional Council: (, 1., That the Comrnunity Improvement Plan for Sl11ithville in the Township of West Lincoln be supported, and that staff participation on a project steering corttmittee and funding at the benchmark level of $25,000 for local community improvement plans, be approved, subject to approval of the Smarter Niagara Incentives Program budget for 2007. 2. That a copy of this report be sent to all the local municipalities for information. PURPOSE The purpose of this report is to recommend Council approval of a request by the Township of West Lincoln to partner with the Township in the Community Improvement Plan (CIP) fdt Smithville. EXECUTIVE SU'MMARY ( The Smarter Niagara Incentives Program provides incentives to the Idcal municipalities for projects that are consistent with Council's Sfnarter Niagara strategy. Local municipalities including St. Catha'rines, Niagara Falls, Thorold, Weiland, Port Colborne, and Fort Erie have take'n advantage of opportunities available under this program. The Smarter Niagara strategy, backed up by the Smarter Niagara Incentives Program, encourages downtown improvements and brownfield redevelopment within NiagCira's urban' areas. The Community Improvement Plan proposed by the Township of West Lincoln is consistent with the Smarter Niagara strategy. DPD 7~2007 January 10, 2007 Page 2 FINANCIAL IMPLICATIONS Approval of this report will result in a commitment of $25,000 to the Township of West Lincoln from the Smatter Niagara Incentives Program. REPORT Smarter Niagara: Incentives for Better Ways to GroW The Region has established financial incentives to encourage community renewal throughout urban Niagara. The incentives are intended to encourage downtown revitalization and 'brownfield' redevelopment within our existing urban areas as a financially-viable alternative to new "greenfield" development. )"heincentives are intended to support Council's planning objectives for the Region. Regional Council approved the Smarter Niagara Incentives Program in 2002. Participation in the Region's Incentive Program requires adoption of Community Improvement Plans by the area municipalities. In addition, Council has a purchase of service agreement with NEDC under which NEDC will provide development expeditor services .to the Region. NEDC Will expedite, through f. marketing, promoting, advising, and guiding developments in the core urban areas and on \ 'brownfield' sites within the urban areas. This service supports Council's commitment to Smarter Niagara by bringing together the Region, local governments, associated governments and agencies, and the development industry. local Municipal Activity A number of the local municipalities have been involved in their owh Smarter Niagara supportive initiatives. Community Improvernent planning projects in St. Catharines, Niagara Falls, Thorold; Weiland, Port Colborne, and Fort Erie are recent examples. The Niagara Falls and Weiland CIP's are partnership projects with financial contribUtions from the Federation of Canadian Municipalities and the Region. The Region's contribution to each project includes $25,000 in funding and participation of Regional Planning Staff on the project steering committees. West Lincoln has requested similar support, and will be submitting an application to FCM. It is important to bear in mind that achieving the Smarter Niagara vision, including access to the Incentive Programs, is a partnership including the Region and the local municipalities. Forging strong working relationships and participating jointly in all aspects of Smarler Niagara is essential to the success of the strategy. Township of West Lincoln Community Improvement Plan for SmithviUe "", The Township of West Lincoln has requested Regional participation in a Community Improvement Plan that will provide for downtown revitalization and 'brownfield' ( -( \... - ( \'........... DPD 7--2007 January 10, 2007 Page 3 redevelopment in the Smithville urban area. A copy of the Township's correspondence is attached in Appendix 1 . Community Improvement Plans focusing on downtowns and 'brownfields' can have the effect of promoting the efficient use of existing infrastructure. Effective utilization of land within the urban area of Smithville will also support the Region's long-term 'Grow South' strategy. The Township has requested financial support from the Region. Funding this request will be subject to approval of the Smarter Niagara Incentives Program budget for 2007. It is noted that similar requests from other partner municipalities have established a benchmark of $25,000 for Regional contribution to these projects. As in the case of the other similar projects, it would be in order to offer staff participation on the project steering committee for the Smithville CI P. CONCLUSION The Region has established a very productive working relationship with the local municipalities in implementing the Smarter Niagara program. The Township of West Lincoln CIP provides another opportunity to continue this relationship. Submitted by: Approved by: Corwin T. Cambray, MCIP, Commissioner of Plannin Mike Trojan Chief Administrati / "2_ This report was prepared by Alan '~mo, MC/P, RPP, Senior Policy Coordination Planner. APPENDIX Appendix I Correspondence from the Township of West Lincoln Page 4 DPD 7-2007 Appendix I Page 4 TOWNSHIP OF WEST LINCOLN Planning Department 318 Canborough Street P.O. Box 400 Smithville, Ontario LOR 2AO !<!'" December 4,2006 Dear Mr. Cambray, Mr. Corwin Cambray Commissioner of Planning Regional Municipality of Niagara 3550 Schmon Parkway, P. O. Box 1042 Thorold, Ontario, L2V 4T7 Re: Community Improvement Plan for Smithville, Township of West Lincoln Further to recent discussion with Mr. Alan Gumma, I wish to advise as follows: On November 20, 2006 council for the Township of West Lincoln endorsed a recommendation of the Township Planning Department that we apply for funding from the Region and the Federation of Canadian Municipalities to assist with the preparation of a C.I.P. We are intending to commence work on the C.I.P. in 2007 with the hopes of completing the project and submitting it for approval in late 2007. ( The C.I.P. is proposed to be broken into two separate studies. One will focus on downtown improvements and the second on brownfield redevelopment within the urban area of Smithville. Other areas of the Township may be the focus of future C.I.P. work. We have agreed to the outsourcing of this work, and currently have Rei Consulting assisting us with the FCM application. We understand that the region will request to be a player at the table and staff is supportive of this request. At present, funding is being determined for inclusion in the Township's 2007 budget. We are presently attempting to determine the eligibility of our project for 50% funding from existing FCM purposes. This Department, in consultation with other.m unicipal ities and a few consultants has now determ ined that the total. - cost of the project is expected to be in the "range of $120,000 to $130,000. This represents approximately $50,000 for a downtown CIP and $70,000 for a brownfield CIP.. I understand that the Region may be willing to assist us with this work. As a result, please consider this letter as the Township's request to the Region for financial support. We would appreciate any financial support that you may be able to provide. Your assistance will affect our ability to proceed. I look forward to your response regarding this issue. Sincerely, Brian Treble Director of Planning l_ :t1anc. Planning Department. CIP.LCorwin Cambray.DecA.06 Niagara.. Region Office of the Regional Clerk 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel: 905-685-1571 Toll-free: 1-800-263-7215 tW~bfl~ir.~:~1~~6~~J 0:1:3 February 9, 2007 Our Ref.: PPW 2-2007, January 31, 2007 PWA 20-2007 C.02.0040 Mr. Dean lorfida City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida, Mandatory Special Event Recycling and 2006 Special Events RecvclinQ Proaram We are pleased to advise that Regional Council, at its meeting of February 8, 2007, approved the Planning and Public Works Committee recommendation that area municipalities implement mandatory special events recycling through their current approval/permit system effective for the 2007 special event season. A copy of Report PWA 20-2007 is enclosed for your information. Yours truly, ~~ Pam Gilroy ~ - - (j Regional Clerk /bs c. I. Neville, Commissioner of Public Works B. Friesen, Director, Waste Management Services C. Habermebl, Associate Director of Waste Collection & Diversion Operations C. Patterson, Program Manager Building Community. Building Lives. PWA 20-2007 January 31, 2007 Niagara" Region REPORT TO: The Co""Chairs and Members of the Planning and Public Works Committee SUBJECT: Mandatory Special Event Recycling and 2006 Special Events Recycling Program RECOMMENDATION(S) That this Committee recommend to Regional Council: That the Region recommends that area municipalities implement mandatory special events recycling through their current approval/permit system effective for the 2007 special event season. EXECUTIVE SUMMARY Pursuant to Council approval of PWA 28-2006, staff contacted area municipalities to determine the feasibility of implementing mandatory recycling at all approved/permitted events held on municipal property. While each municipality has a different approval process, municipal staff endorsed the concept of mandatory recycling at events. However, municipal staff asks that the Region work within their' existing permitting process to implement the recycling program and that the recycling program continued to be offered free of charge. Following approval of this report, staff will begin to work with area municipalities on this initiative. In 2006, the Region's Special Event Recycling Program successfully diverted 22,400 kilograms of recyclables from 74 area events. This represents an increase of over 3,500 kilograms and 29 events as compared to the 2005 Special Event Recycling Program. Staff believes that a mandatory recycling program at all permitted/approved special events would result in an increase the number of events serviced and amount of recyclables diverted, furthering the Region's waste diversion goal of 65.0/0. 1 PWA 20-2007 January 31, 2007 FINANCIAL IMPLICATIONS The proposed 2007 budget includes the necessary resources to support an expanded and improved Special Event Recycling Program. The total budget allocation for this program is approximately $35,000. This represents an estimated increase of $15,250 for additional equipment such as carts, signs, a roll-off container and an outdoor display. PURPOSE The purpose of this report is two-fold: to provide Committee members with the results of the 2006 Special Event Recycling Program and to advise Committee members concerning the implementation of a mandatory recycling program at special events. BACKGROUND Further to Council approval of PWA 09-2005, the Region launched a full-scale Special Events Recycling Program in 2005. This program was established with a vision of expanding and increasing the number of special events serviced from the pilot program in 2004, while improving the quality and quantity of recyclables collected. In 2006, the Special Events Recycling Program serviced 74 local events collecting 22,400 kgs of recyclables. In 2005, the Region serviced only 45 events collecting 18,800 kilograms of recyclables. These are significant improvements over the 2004 pilot program which serviced only 30 events and diverted 2,200 kilograms of recyclables. Pursuant to the recommendation in PWA 09-2005, staff completed research regarding waste management practices and recycling requirements at special events permitted through area municipalities. The results of this research were reported in PW A 28- 2006. In summary, while waste collection is provided to special events by the municipality, there is no mandatory requirement for recycling at special events in any jurisdiction. The majority of responding municipalities supported the concept of mandatory recycling at special events. 2 PWA 20-2007 January 31 , 2007 REPORT 1. 2006 Program Results The 2006 Special Events Recycling Program continued to build on the success of the 2005 program. The program diverted approximately 22,400 kgs of recyclables from 74 local events and festivals. This was an increase of over 3,500 kgs of recyclables and 29 more events than last year's program. Once again, staff also set up information booths at special events, where permitted. Similar to 2005, the Special Event Recycling Program was offered at no charge to all events with the exception of tne Grape and Wine Festival. The duration of the Grape and Wine Festival required overtime on the part of Niagara Recycling staff, resulting in additional costs to the program. These additional costs were paid for by the festival's organizers. For a complete list of events serviced, refer to Appendix II. The success of this year's program may be largely attributed to the growing awareness concerning the Region's Special Events Recycling Program. Event organizers are now seeking the services rather than the Region soliciting participation. The 2006 program was prqrpoted in the spring edition of the Waste Watcher Newsletter as well as on the Region's website. The Region's Special Events Recycling Program is valuable for a number of important reasons: It provides education to residents and visitors about the imp~rtance of recycling; it reinforces appropriate environmental behaviour in individuals; it diverts valuable recyclables from disposal thus providing considerable environmental savings; and, it further demonstrates the Region's commitment to achieving its 650/0 waste diversion goal by 2012. 3 PWA 20-2007 January 31, 2007 COST of 2006 SPECIAL EVENTS RECYCLING PROGRAM Item Cost $19,940.00 $7,424.00 T oial: 27,364.00 Notes: * The cost of staffing is based on estimating the amount of time each co-op student dedicated to the Special Events Recycling Program. ** These are indirect costs as the Region already pays for these resou rces as part of the Processing Agreement. 2. Mandatory Recycling Research: All area municipalities currently provide waste collection services to the events held on their property through a variety of collection methods. However, with the exception of the City of Niagara Falls, no municipality provides recycling services at all events. To that end, mandatory recycling at special events would alleviate a portion of the resources and costs associated with waste collection on municipal properties, while increasing diversion of recyclables within the Niagara Region. Municipal staff at each local municipality was contacted regarding the feasibility of implement mandatory recycling at special events. The response was ovelWhelmingly positive. Nine municipalities stated that a mandatory recycling clause could easily be included in their current application and/or approval process. The Town of Lincoln indicated that a supplemental attachment, provided by the Region, would be required to their current application process. The City of Niagara Falls and the Township of West Lincoln both endorsed the concept of mandatory special event recycling, however, the best option for implementing this program is still under investigation. For a complete list of municipal comments, refer to Appendix I It should be noted that for the purpose of mandatory recycling, "special events" in the Niagara Region would be defined as "any annual event open to the general public with an estimated attendance of over 200 participants (including vendors)". Mandatory recycling program for special events is not intended to replace the need for permanent public space recycling. This would alleviate the resources currently drawn from the Special Event 4 PWA 20-2007 January 31 , 2007 Recycling Program when a smaller event in a public space, such as baseball tournaments or picnics held in a municipal park, requests recycling services. The issue of public space recycling is currently being addressed under the Service Level Review study, which will be completed the first half of 2007. Pending Council's recommendation that municipalities implement mandatory special event recycling, Waste Management Services staff is committed to working with each municipality to find the best option for implementing the program within their current approval process. This will include providing appropriate wording for inclusion on applications, an application for service and a flyer describing the Special Event Recycling Program. Based on the continued success of the Region's Special Events Recycling Program, the importance of recycling and the support of the area municipalities, it is recommended that municipalities implement a mandatory special event recycling program through their respective permit approval process. Submitted by: Approved by: Ian Neville, MPA, P.Eng. Commissioner of Public Works --.. Appendix I Appendix II Response to Mandatory Recycling Special Events Serviced in 2006 This reporl was prepared by Carol Patterson, Program Manager, with collaboration from Catherine Habermebl, Associate Director and reviewed by Barry Friesen, P.Eng., Director, Waste Management Services Division. M:\MSWORD\PWGOMMITTEBSOLlD WASTE\PWA\PWA Jan 31 Special Event Recycling Program 2006.doc 5 ';: 1Il16 .9-g'O ~ g>Olll1ij.S >.~'3~roc =-C-C:Oa> ~:;:8~~.g o 1Il 1Il (I) E .u ro (I) ""- ~o~ ii>-5 0 5-c-c;: ~-5~ ~1Il.....Ol~lIl~;'O'O'OOl ~ '5 ~ .~ .5 ~ :Q ~ ~ ~ ~ .~ .90i::;::J~og~E~5.o ~€ ro53-c: ~;: (I) 5.;:::;::l.!!! C:::J'O (I) 1Il.c: (I):r:- o.e:!.c: ro_lIl.oUOl.c: Clll..oU E.9 e (I) lIl::J'O ~.2:r:~:2 -e.......E>ugcotif (I);: o N c 1! 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Music Festival 2006-07-09 tantrumairl@svmpatico.ca 12 Sf. Catharines RibFest 2006-08-04 aweaver@meraetel.com 20 + bin Campfire and Sing A Long 2006-08-08 recreation@stcatharines.ca 2 Fastpitch Championship 2006-08-16 Jondeb50@coaeco.ca 3 Jill Hildreth 1 k/5k Fun Run 2006-09-09 i udv. turton@reaional.niaaara.on.ca 2 Merritton Com unity Days Carnival 2006-09-01 blaw@vaxxine.com 12 + bin Greek Festival 2006-09-08 billvkimonos@hotmail.com . 17 + bin Grape & Wine Festival 2006-09-22 kath leent@niaaarawinefestival.com 30 + 2 .I - Sf. Catharines cant. TREKZONE 2006-09-29 martina.sm ith@reaional.niaaara.on.ca 1 Homecoming Weekend 2009-09-30 anne kubu@ridlevcolleae.com 10 CIBC Run for the Cure 2006-10-01 danh ilI48/Q)svmoatico.ca 20 Pumpkinville 2006-10-14 recreation@stcatharines.ca 8 Assorted events on Henley Island June - October debbie@danima.com 10 Thorold Evening in the Park 2006-06-03 Sara flvnn@hotmail.com 4 Rock& Roll in Park 2006-06-16 8 Thorold's 28th annual Arts & Crafts Show 2006-07-15 cathy. he nderson@svmpatico.ca 15 Wainfleet Marshville Festivals 2006-09-02 marshville@bellnet.ca 30 + bin Wainfleet Fall Fair 2006-09-21 10 Weiland Swing into Spring 2006-03-25 cDruvser@uoauelph.ca 10 SNRC Regatta 2006-05-21 Dave. oelettefij) reaional. niaa ara.on .ca 5 Rendevous Richelieu 2006-06-02 7 Kid's Arts Day 2006-06-03 petenio@meraetel.com 5 Kids Art Day 2006-06-03 petenio@meraetel.com 6 Weiland Rose Festival 2006-06-09 Wellandrosefestival@becon.ora 25 + bin Ontario Masters Rowing doelette55/Q) hotmail. com Championships 2006-07-09 5 Provincial Rowing Championships 2006-07-23 dpelette55@hotmail.com 10 Biker Build off 2006-07-28 itvern/Q)niaaara.ca 4 Soiree Des Dames 2006-09-08 7 Niagara Regional Exhibition 2006-09-19 20 Niagara Food Festival 2006-09-22 nfffij)iaw.com 20 + .bin Pilgrimage for the Third World 2006-10-29 IIdewar@hotmail.com 6 Weiland Museum All summer 4 X- Frames West Lincoln Poultry Fest 2006-07-20 mikekeizer@smithvillehomehardware.ca 20 + bin Niagara.lI Region Office of the Regional Clerk 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4 T7 Tel: 905-685-1571 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.regional.niagara.on.ca November 10, 2006 Our Ref.: PPW 16-2006, November 1,2006 PWA 191-2006 F.08.0002 Mr. Dean lorfida City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida, Niagara Specialized Transit Recommended Fare Structures for Trips to the City of Hamilton We are pleased to advise that Regional Council, at its meeting of November 9, 2006, approved the recommendation of the Planning and Public Works Committee to adopt the proposed Fare Structure for trips to the City of Hamilton from the 12 municipalities within the Niagara Region. A copy of Report PWA 191-2006, November 1, 2006, respecting Niagara Specialized Transit Recommended Fare Structure for Trips to the City of Hamilton is attached for your information. Yours very truly " p~y~ Regional Clerk /bs c. I. Neville, Commissioner of Public Works J. Cousins, Director of Transportation Services E. Flora, Associate Director, Transportation Systems E. Pilon, Transit Manager Councillor Janice Wing, Niagara Falls Building Community. Building Lives. PWA 191-2006 November 1 , 2006 Niagara"" Region REPORT TO: Chair and Members of the Planning and Public Works Committee SUBJECT: Niagara Specialized Transit Recommended Fare Structures for Trips to the City of Hamilton RECOMMENDATION(S) That the following report and recommendations, approved by the Transportation Strategy Steering Committee at its October 31, 2006 meeting, be recommended to Regional Council. That the attached Fare Structure, Appendix "A", for trips from the 12 municipalities within the Niagara Region to the City of Hamilton be approved; That staff be authorized to adjust the fares in Appendix "A" as per the escalation clause in the approved Transit Service Agreement (Article 3:02); That staff report back on the rationale of this fare schedule based on six months experience; and that should no changes be needed; That the attached Fare Structure, Appendix "A", be in place during the full term of the Transit Service Agreement; EXECUTIVE SUMMARY At the Transportation Strategy Steering Committee meeting of October 31,2006 staff was directed to revise the approach used to develop the fare structure for trips into Hamilton and to develop a fare structure that recognize the approved fare by distance for the trips within the Region of Niagara and a flat fare for trips into Hamilton, now considered Zone 9. The proposed fare structure now has trips in Zone 9 as a flat fare of $55.00 plus the Regional fare to travel to the borders of Zones 7 and 8 (Grimsby and West Lincoln). Examples of the way the new structure would work would be a trip into Hamilton (Zone 9) from Niagara Falls. The fare from Niagara Falls to Grimsby in Zone 7 would be $15.00 (one way) plus $55.00 for the one way trip into Hamilton (Zone 9). Another example would PWA 191-2006 November 1 , 2006 be a trip from Fort Erie to West Lincoln at a fare of $15.00 plus $55.00 to travel in Zone 9, a total of $70.00 one way. The purpose of this report is to recommend the attached Fare Structure (Appendix A) for approval. FINANCIAL IMPLICATIONS The cost of taking Niagara residents from the different municipalities into the City of Hamilton for medical appointments is a very expensive and risky venture from an operating perspective. The high cost and risk is due to the travel time, the unknown time a driver may have to wait around to make the return trip, the possibility of vehicle breakdown, and riders not being at their pick-up point are only a few of the potential problems that could push the cost beyond the current recommendations. For costing purposes and because of the impossibility of trying to identify where an individual resides within the various municipalities and where in Hamilton the medical facility that they are travelling to is located, a flat fare from the border of Zone 9 is proposed, with McMaster Health Sciences (McMaster University) being the common destination point. Travel within the Region will use the approved fares structure to travel to the edge of Zone 7 or Zone 8 (Grimsby and West Lincoln) plus the $55.00 flat fare for travel within Zone 9. The booking for a trip is to be made one week in advance and the cost prepaid by cheque or credit card. PURPOSE At the TSSC meeting of October 31, 2006 staff was directed to revise the approach used to develop the fare structure for trips into Hamilton and to develop a fare structure that recognize the fare by distance for the trips within the Region of Niagara and a flat fare for trips into Hamilton, now considered Zone 9. The proposed fare structure now has trips into Hamilton as a flat fare of $55.00 plus the Regional fare to travel to the borders of Zones 7 and 8 (Grimsby and West Lincoln). Examples of the way the new proposal would work would be a trip into Hamilton (Zone 9) from Niagara Falls. The fare from Niagara Falls to Grimsby in Zone 7 would be $15.00 (one way) plus $55.00 for the one way trip into Hamilton (Zone 9) totalling $70.00 one way. Another example would be a trip from Fort Erie to West Lincoln at a fare of $15.00 plus $55.00 to travel in Zone 9 a total of $70.00 one way. The purpose of this report is to recommend the attached Fare Structure Appendix "A" for approval. PWA 191-2006 November 1 , 2006 BACKGROUND On May 4, 2006 Regional Chairman Partington wrote a letter to City of Hamilton Mayor Dilanni, soliciting his support and that of his Council to allow vehicles from the Niagara Region to travel into Hamilton with residents of Niagara who have medical appointments in the City of Hamilton. REPORT On June 9, 2006 the Niagara Region received a letter from Mr. Larry Dilanni, Mayor of the City of Hamilton advising the Region that trips into the City of Hamilton had been approved. The Mayor's letter also reaffirmed that there would be no transfers from the Niagara Specialized Transit Service to the Hamilton DARTS service. Submitted by: Approved by: Ian Neville, MPA, P.Eng. Commissioner of Public W Mike Trojan Chief Administra . This report was prepared by Eric L. Pilon, Transit Manager, and reviewed by Eric Flora, CET. P. Eng., Associate Director, Transportation Systems and Mike Roach, Manager Public Works Financial Services and reviewed by Joe Cousins, CET, CRS, Director, Transportation Services Division. Appendix A - Fare Structure - Trips to McMaster PWA 191-20Ca November 1 , 2006 APPENDIX "A" Fare Structure - Trips to Hamilton Municipality Fare to Grimsby Travel to One Way fare Return or West lincoln Hamilton (Zone 9) (Rounded) Town of Fort Erie 1 Municipal Centre Dr. $15.00 $55.00 $70.00 $140.00 Fort Erie Town of Grimsby 160 Livingston Ave. N/A $55.00 $55.00 $110.00 Grimsby Town of Lincoln 4800 South Service Rd. $7.50 $55.00 $63.00 $126.00 Beamsville City of Niagara Falls 4310 Queen St. $15.00 $55.00 $70.00 $140.00 Niagara Falls Town of Niagara-on-the-Lake 1593 Four Mile Creek Rd. $15.00 $55.00 $70.00 $140.00 Virgil Town of Pelham 20 Pelham Town Square $7.50 $55.00 $63.00 $126.00 Fonthill City of Port Colborne 66 Charlotte St. $7.50 $55.00 $63.00 $126.00 Port Colborne City of S1. Catharines 50 Church St. $7.50 $55.00 $63.00 $126.00 81. Catharines City of Thorold 8 Carleton St. South $7.50 $55.00 $63.00 $126.00 Thorold Township of Wain fleet 19M43 Highway #3 $7.50 $55.00 $63.00 $126.00 Wainfleet City of Weiland 60 East Main St. $7.50 . $55.00 $63.00 $126.00 Weiland Township of West Lincoln 318 Canborough Rd. N/A $55.00 $55.00 $110.00 Smithville Niagara "1I'<<~groWS .. .~ .~h";. 1 J,.( MEMORANDUM DATE: November 14, 2006 TO: Area Municipal Clerks FROM: Gail Reilly Legislative Assistant SUBJECT: Joint Board of Management Minutes Report 3-2006 Further to my email of November 14, 2006, attached are the minutes of the Joint Board of Management meeting of October 24,2006 and attachments. If you require further information, please give me a call at (905) 685-4225, ext. 3246. Gail Reilly Attach. THE REGIONAL MUNICIPALITY OF NIAGARA JOINT BOARD OF MANAGEMENT NIAGARA AREA COURTS REPORT 3-2006 Minutes of a meeting of the Joint Board of Management Niagara Area Courts held in Committee Room 3, Regional Municipal Building, Thorold, Ontario, on Tuesday, October 24, 2006, commencing at 1 :40 p.m. ATTENDANCE Joint Board Members: Ms. Kelly, City of Niagara Falls, Chair; Mr. Boncori, Township of West Lincoln; Ms. Labatte, City of Thorold; Mr. Luey, Township of Wainfleet; Ms. Poulin, City of St. Catharines; Mr. Kyne, Niagara Region. Staff: Mr. Bernard, Manager, Court Services (Secretary, Joint Board of Management); Ms. Foley, Collections Co- coordinator; Ms. Reilly, Legislative Assistant. Others: Ms. Lois Ouellette, KPMG ADOPTION OF AGENDA 23. Moved by Ms. Poulin Seconded by Mr. Luey That the agenda be approved, as amended, to include an oral report by Mr. Bernard regarding a carbon monoxide incident to be dealt with as item four and the balance of the agenda to be dealt with as items five to eleven. Carried. APPROVAL OF MINUTES 24. Report 2-2006 Moved by Mr. Boncori Seconded by Mr. Luey That Report No. 2-2006, being the minutes of the Joint Board of Management Niagara Area Courts meeting of February 21, 2006, be approved. Carried. JSM 11 Joint Board of Management Report 3-2006 October 24,2006 25. KPMG Audit Report re: Year End 2005 Ms. Lois Ouellette, KPMG, provided an overview of the financial statements of the Regional Municipality of Niagara Provincial Offences Court Operations for the year ended December 31, 2005. Ms. Ouellette highlighted the statement of revenue and expenditures, funds available for distribution and total distributions and transfers for the operations conducted at Niagara Falls, S1. Catharines and Weiland, Ontario. In notes to the financial statements, the Board was advised that the consolidated financial statements of the POA operations are prepared by management in accordance with Canadian generally accepted accounting principles for local governments as recommended by the Public Sector Accounting Board of the Canadian Institute of Chartered Accountants. Moved by Ms. Poulin Seconded by Mr. Boncori That the written and oral KPMG Audit Report regarding Year End 2005, be received. Carried. 26. Carbon Monoxide Incident - NiaQara Falls POA Office Mr. Bernard apprised the Board of an incident that took place at the Niagara Falls POA Office on October 19th and 20th that required the evacuation of the property. The Niagara Falls Fire Department, together with staff from the Technical Standards Safety Association, Enbridge Gas Company and Gordon Wright Mechanical Contractors, investigated the matter. It was determined that, due to some faulty equipment on the roof, elevated levels of carbon monoxide were released into the building. Staff attended the Greater Niagara General Hospital and was examined for exposure to carbon monoxide. Management received advice and assistance from Human Resources staff and the Medical Officer Of Health. The matter was dealt with and the appropriate reports submitted to the Ministries of Labour and Attorney General. Moved by Mr. Kyne Seconded by Mr. Luey That the oral report by Mr. Bernard regarding the carbon monoxide incident, be received; Carried. JBM 12 Joint Board of Management Report 3-2006 October 24, 2006 27. 2006 Third Quarter Collections Report Ms. Jackie Foley, Collections Co-ordinator, provided an update on the collection of delinquent fines for the 2006 Third Quarter Report. Delinquent Fines revenue collected was in line with previous years in the amount of $1,435,122. Ms. Foley highlighted the delinquent fines portfolio with respect to new, closed and active cases. The Board was apprised of the change in Small Claims Court rules for which contempt hearings now require solicitor representation. A summary of third party collection agency portfolios, revenue collected and commissions earned, was presented and Mr. Bernard advised that a recommendation for new third party collectors will be coming forward at the next meeting. Staff recommended that collection activity for 266 cases valued at $23,370.11 cease. Moved by Ms. Poulin Seconded by Mr. Boncori That the 2006 Third Quarter Collections Report, be received; and That staff be directed to cease collection activity for the 266 cases valued at $23,370.11 as noted in this report. Carried. 28. 2006 Third Quarter Variance Report Mr. Bernard provided an overview of the Statement of Expenditures and Revenues for the month ended September 2006, noting that it is expected that the net revenue targets will be met for 2006. Moved by Mr. Luey Seconded by Mr. Boncori That the 2006 Third Quarter Variance Report, be received. Carried. JBM 13 Joint Board of Management Report 3-2006 October 24, 2006 29. ' NRP Request re: Court Security Costs The Board reviewed the request by the Regional Municipality of Niagara Police Service Board regarding policing ' costs for POA Court operations. Moved by Ms. Poulin Seconded by Mr. Luey That the Joint Board of Management Niagara Area Courts, having reviewed the request of the Police Services Board regarding police security costs related to the POA Courts, maintain its position that, pursuant to Section 137 of the Police Services Act, costs for the provision of court security to Niagara's Provincial Offences Courts is the responsibility of the Regional Municipality of Niagara Police Services Board; and That the Joint Board of Management is not prepared to support the payment of these costs out of POA revenues; and That it be recommended to the Corporate Services Committee that the Manager, Court Services, be directed to prepare a letter, for the Regional Chair's signature, to be sent to the Police Services Board advising of the Joint Board of Management's response. Carried. 30. 2007 Draft BudQet Mr. Bernard provided an overview of the POA Court "Schedule of Expenditures and Revenues for 2007. The budget indicates gross revenue in the amount of $5,706,602 and gross expenditures in the amount of $4,956,002. The budget includes $750,000 in revenue for area municipalities with an equal amount for the Region. Mr. Bernard also highlighted expenditure increases and decreases of $5,000 or more. Moved by Ms. Poulin Seconded by Mr. Boncori That the 2007 POA Court Budget be approved as presented, subject to the reduction of the POA sublet revenues to reflect the loss of the Niagara Falls Small Claim Court revenues. Carried. JBM 14 Joint Board of Management Report 3-2006 October 24, 2006 CLOSED SESSION 31. Moved by Mr. Luey Seconded by Ms. Poulin That this Committee do now meet in Closed Session for the purpose of receiving information of a confidential nature relating to property, personnel and/or legal matters. Carried. 32. A Matter of Security of the Property of the Municipality Moved by Ms. Poulin Seconded by Mr. Luey That Report CSD 142-2006, October 24, 2006 (November 1, 2006) respecting A Matter of Security of the Property of the Municipality, be received and the recommendation contained in the Executive Summary be approved. Carried. Ms. Kelly vacated the Chair and Ms. Poulin, Vice-Chair, chaired the meeting during the deliberation of the Draft Prosecution Guidelines. 33. Draft Prosecution Guidelines Moved by Ms. Kelly Seconded by Mr. Boncori That the Draft Prosecution Guidelines, be received; and That Bill Bernard and Michael Kyne revise the Prosecution Guidelines to reflect the JBM consensus that all municipalities using POA prosecutors will be expected to pay for those services as of April 1, 2007; and That the revised Guidelines will be circulated to all members of the JBM for their input and once approved by a simple majority of the JBM, that all municipalities through their C.A.O.s and Clerks be notified of the revised Guidelines. Carried. JBM 15 Joint Board of Management Report 3-2006 October 24, 2006 Ms. Kelly, Board Chair,' chaired the remainder of the meeting. 34. Moved by Ms. Poulin Seconded by Mr. Boncori That this Committee do now rise with report. Carried. OTHER BUSINESS 35. Traffic Proqram to Tarqet Rural Areas Mr. Bernard distributed a Standard newspaper article (Wednesday, August 2, 2006) regarding the Niagara Regional Police's new traffic safety program called "Operation Lifesaver". Moved by Mr. Boncori Seconded by Ms. Poulin That the newspaper article regarding "Operation Lifesaver" be received and filed. Carried. . NEXT MEETING 36. The next meeting will be a teleconference meeting held on Wednesday, November 29th at 2:00 p.m. ADJOURNMENT The Joint Board of Management adjourned at 4:05 p.m. to meet again via teleconference on Wednesday, November 29, 2006 at 2:00 p.m. Karen Kelly Chair .J~ Gail Reilly Legislative Assistant Annette Poulin Vice-Chair Bill Bernard Manager, Court Services (Secretary, Joint Board of Management) JBM 16 THE REGIONAL MUNICIPALITY OF NIAGARA JOINT BOARD OF MANAGEMENT NIAGARA AREA COURTS REPORT 2-2006 Minutes of a meeting of the Joint Board of Management Niagara Area Courts held in Committee Room 3, Regional Municipal Building, Thorold, Ontario, on Tuesday, June 20, 2006, commencing at 1 :45 p.m. ATTENDANCE Joint Board Members: Ms. Kelly, City of Niagara Falls, Chair; Messrs. Banks, City of Weiland; Boncori, Township of West Lincoln; Ms. Poulin, City of St. Catharines; Ms. Gilroy, Regional Clerk; Ms. Labatte, City of Thorold Staff: Mr. Bernard, Secretary, Joint Board of Management; Mr. Kyne, Director, Legal Services; Ms. Ricci, Acting, Legislative Assistant. Regrets: Mr. Luey, Township of Wainfleet. Guests: Mr. Bousfield, Manager, Property and Facility Management; Mr. Bendell, Financial Analyst. ADOPTION OF AGENDA 12. Moved by Ms. Poulin Seconded by Ms. Labatte That the agenda be approved as presented. Carried. APPROVAL OF MINUTES 13. Report 1-2006 Moved by Ms. Poulin Seconded by Ms. LabaUe That Report No. 1-2006, minutes of the Joint Board of Management Niagara Area Courts (February 21,2006) meeting be approved. Carried. JBM 6 Joint Board of Management REPORT 2-2006 June 20, 2006 CLOSED SESSION 14. Moved by Mr. Boncori Seconded by Mr. Banks That this Committee do now meet in Closed Session for purpose of receiving information of a confidential nature relating to property, personnel and/or legal matters. Carried. 15. Financial Analvsis - POA Courts JBM 1-2006 CONFIDENTIAL Moved by Ms. Poulin Seconded by Mr. Banks That the Report respecting the Financial Analysis - POA Courts, be referred back to Staff; and That Staff be directed to redraft and simplify its Report respecting the Financial Analysis - POA Courts; and That Staff circulate the revised Report to Joint Board members for input and That Staff then circulate the revised Report to each area municipality requesting their input and direction with respect to this matter. Carried. 16. Use of POA Prosecution Services bv Area Municipalities JBM 2-2006 CONFIDENTIAL Moved by Ms. Poulin Seconded by Mr. Banks That the Report respecting Use of POA Prosecution Services by Area Municipalities, be received for information; and That staff be requested to develop guidelines outlining the circumstances under which Niagara Region as "Agent" may, conduct "Local Prosecutions" on behalf of local municipalities, including such options as user fees, exemptions for smaller municipalities and other conditions. Carried. JBM 7 Joint Board of Management REPORT 2-2006 June 20, 2006 17. Moved by Ms. Gilroy Seconded by Ms. Labatte That this Committee do now rise with report. Carried. REPORTS 18. Shortage of Judicial Resources and Impact on 2006-2007 POA Court Schedule CSD 81-2006 Mr. Bernard, Manager, Court Services provided Board members with a brief overview of this report. Highlighted, in part, were the following issues: . the shortage of Judicial Resources continues to deteriorate · financial implications will likely occur due to the loss of POA fines revenue, owing to the shortage of judicial resources . All Central West Court Managers had been advised in writing by Justice Redmond, that "any court commitments that are made by you for the first six months of 2007 are done at your own risk until judicial resources can be determined and communicated...." . this issue needs to be higher on the political priority list . if this situation continues; POA will be in crisis by 2007 Further discussion ensued whereupon, Mr. Kyne and Ms. Kelly stated that they had both attended the Municipal Legal Departments Association of Ontario (MLDAO) meeting in Kingston on June 16, 2006, at which time MLDAO resolved to strike a Sub-Committee chaired by Durham Regional Solicitor Brian Roy to respond to POA issues including the judicial resources situation. Moved by Mr. Banks Seconded by Ms. Gilroy That Report CSD 81-2006, June 20, 2006, respecting Shortage of Judicial Resources and Impact on 2006-2007 POA Court Schedule, be received; and That this report be circulated to all area municipal councils for their information. Carried. JBM 8 Joint Board of Management REPORT 2-2006 June 20, 2006 19. 2006 first Quarter Variance Report Moved by Mr. Boncori Seconded by Ms. Labatte That the 2006 First Quarter Variance Report, be received.. Carried. 20. 2006 First Quarter Collections Report Moved by Mr. Boncori Seconded by Ms. Gilroy That the 2006 First Quarter Collections Report, be received. Carried. 21. POA Reportinq Re-aliqnment Verbal Report Mr. Bernard provided Board members with a brief verbal update with respect to POA Reporting Re-alignment. Mr. Bernard stated that signed verification as to West Lincoln's position on the POA Reporting Re-alignment had not yet been received; Mr. Kyne stated that verbal notification of approval had been received and that signed approval would be forthcoming. Mr. Boncori advised members that he would follow up with respect to this issue. Moved by Ms. Gilroy Seconded by Mr. Boncori That the Verbal Report, POA Reporting Re-alignment, be received. Carried. 22. Next Meetinq Date At the call of the Chair. JBM 9 Joint Board of Management REPORT 2-2006 June 20, 2006 ADJOURNMENT The Joint Board of Management adjourned at 4:00 p.m. to meet again at the call of the Chair. Karen Kelly Chair Lisa Ricci Acting, Legislative Assistant Bill Bernard Secretary, Joint Board of Management JBM 10 -, mu RECEIVED JUL 2 4 2006 Financial statements of THE REGIONAL MUNICIPALITY OF NIAGARA PROVINCIAL OFFENCES COURT OPERATIONS Year ended December 31,2005 1m!! KPMG LlP Chartered Accountants One 5t Paul Street Suite 901 PO Box 1294 Stn Main 5t Catharines ON L2R 7A7 Telephone (905} 685-4811 Fax (905) 682-2008 Internet www kpmg ca AUDITORS. REPORT At the request of The Regional Municipality of Niagara (the "Regionll), we have audited the statement of revenue and expenditures I funds available for distributions and total distributions and transfers for the year ended December 31, 2005 for the Regional Municipality of Niagara Provincial Offences Court Operations conducted at Niagara Fans, 81. Catharines and Weiland, Ontario. This financiaJ statement is the responsibility of the POA's management. Our responsibility is to express an opinion on this financial statement based on our audit Except as explained in the following paragraph, we conducted our audit in accordance with Canadian generally accepted auditing standards, Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statement is free of material misstatement An audit includes examining, on a test basis. evidence supporting the amounts and disclosures in the financial statements, An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the financial statement The Court operation derives its revenue from provincial offences which are maintained and generated by the ICON system, maintained by the Province of Ontario.. The scope of our audit did not include a review over the controls of this system nor was a service auditor's report made available to us, Accordingly, our verification of the provincial offences revenues was limited to the amounts recorded as revenue in the ICON system, net of an allowance for uncollectible revenue, and no attempt has been made to quantify the adjustments necessary to revenue, excess of revenue over expenditures, funds available for distribution and total distributions and transfers, In our opinion, except for the adjustments, if any, had we verified the completeness of the revenue referred to in the preceding paragraph, the financial statement presents fairly, in all material respects, the revenue and expenditures, funds available for distribution and total distributions and transfers for the Niagara Regjon Provincial Offences Court operations for the year ended December 31, 2005 in accordance with Canadian generally accepted accounting principles, K/~~ L4P -' .----- Chartered Accountants St Catharines, Canada April 25. 2006 KF'MG LLP, a :anaj:a,11i.':.ited I[ai:.i!ity parme,'Sh;p is the' Car:3dian mamoer (;,m of KPMG In,~.mat'onaj 3 SWISS coopsr!ltlve THE REGIONAL MUNICIPALITY OF NIAGARA PROVINCIAL OFFENCES COURT OPERA liONS Statement of Revenue and Expenditures, Funds available for Distributions and Total Distributions and Transfers Year ended December 31,2005, with comparative figures for 2004 Budget 2005 2004 Regional POA operations $ 6,209,518 $ 7,207,829 $ 7,673,703 Controllable Expenditures: Salaries and benefits 1,323,220 1,231,174 1,188,044 Building and equipment rental 375.435 363,316 372,574 Computer supplies and maintenance 45,202 40,547 3,744 Office and miscellaneous 505,647 468,396 472,035 Prosecution 17,820 20,650 14,435 Telephone 34,200 24,696 27,873 Office furniture and equipment 10,500 7,645 8,405 2,312,024 2,156,424 2,087,110 Uncontrollable Expenditu res: Revenue collected on behalf of other municipalities/provinces 300,000 530,981 349,378 Victim fine surcharge 1,000,000 1,014,658 1,146,557 Adjudication 250,000 203,880 269,325 Dedicated fines 63,000 259,331 301,723 Other provincial expenditures 188,500 163,568 169,810 1,801,500 2,172,418 2,236,793 4,113,524 4,328,842 4,323,903 Excess of revenue over .expenditures 2,095,994 2,878,987 3,349,800 Items not available for distribution: Accounts receivable (1,564,200) (1,189,000) Employee benefits and other liabilities 9,358 7,960 Funds available for distribution $ 2,095,994 $ 1.324,145 $ 2,168,760 Distribution and transfers: Transfer from reserve (3,600) Distribution to area municipalities 1,047,996 662,073 1,086,180 Distribution to Region 1.047,998 662,072 1,086,180 Total distributions and transfers $ 2,095,994 $ 1,324,145 $ 2,168,760 THE REGIONAL MUNICIPALITY OF NIAGARA PROVINCIAL OFFENCES COURT OPERATIONS Notes to Financial Statements Year ended December 31, 2005 1. Significant accounting policy: The consolidated financial statements of The Regional Municipality of Niagara Provincial Offences Court Operations (the "POAl1) are prepared by management in accordance with Canadian generally accepted accounting principles for local governments as recommended by the Public Sector Accounting Board (PSAB) of the Canadian Institute of Chartered Accountants Significant accounting policies adopted by the POA are as follows: Capital assets: Expenditures made on capital assets are reported as expenditures on the statement of revenue and expenditures, funds available for distributions and total distributions and transfers in the period incurred. 2" Employee benefits and other liabilities: The POA provides certain employee benefits which will require funding in future periods. These benefits include sick leave, life insurance, extended health and dental benefits for early retirees Accumulated Sick Leave Benefit Plan entitlements Retiree benefits Vacation pay Other liabilities $ 2005 2004 - $ 343 5,967 4,181 69,058 61 A22 306 27 75,331 $ 65,973 $ Information about the POA's benefit plan is as follows: Accrued benefit obligation: Balance, beginning of year Current benefit cost Interest Balance, end of year $ 2005 2004 68,396 $ 60,863 8,714 7,190 430 343 77,540 68,396 (2,209) (2A23) 75,331 $ 65,973 Unamortized actuarial loss Liability for benefits $ THE REGIONAL MUNICIPALITY OF NIAGARA PROVINCIAL OFFENCES COURT OPERATIONS Notes to Financial Statements Year ended December 31,2005 2" Employee benefits and other liabilities (continued): Included in expenditures is $214 (2004 - $215) for amortization of the actuarial loss.. Under the accumulated Sick Leave Benefit Plan, unused sick leave can accumulate and employees may become entitled to a cash payment when they leave the POA's employment.. The POA pays certain life insurance benefits on behalf of the retired employees as well as extended health and dental benefits for early retirees to age 65. The POA recognizes these post~ retirement costs in the period in which the employees rendered the services. The most recent actuarial valuation was performed in 2002 The main actuarial assumptions employed for the valuations are as follows: a) Interest (discount rate): The obligation as at December 31, 2005, of the present value of future liabilities and the expense for the 12 months ended December 31,2005, were determined using a discount rate of6% b) Medical costs: Medical costs were assumed to increase at the rate of 10% per year reducing to 5% per year over 15% and 5% per year thereafter c) Dental costs: Dental costs were assumed to increase at the rate of 5% per year. October 24, 2006 Niagara.1I Region REPORT TO: Chair and Members, Joint Board of Management, Niagara Area Courts SUBJECT: Collection of Delinquent Fines 2006 Third Quarter Report RECOMMENDA liON That this report be received and .';1'.... That staff be directed to cease collection activity for the 266 cases valued at $23,370.11 as noted in this report. PURPOSE This report provides an update on delinquent fines collection as of the end of the third quarter of 2006. REPORT Delinquent Fines Revenue The table below indicates that delinquent fines revenue collected as of the end of the third quarter of 2006 was in line with the amount collected in previous years. Third Quarter $1,075,879 $1,559,950 $1,471,641 $1,472,886 $1,435,122 1 DelinQuent Fines Portfolio - New Cases The table below indicates the average case amount and number of new cases received for collection, as of the end of the third quarter of 2006, compared to new cases received in 2005. 2005 Average $505 731 End of Third Quarter 2006 Average $491 $14 599 Reduction in Average 132 DelinQuent Fines Portfolio - Closed Cases The table below indicates the number of closed cases as of the end of the third quarter of 2006 compared to the total number-of cases closed in 2005. 2005 6600 End of Third Quarter 2006 4920 DelinQuent Fines Portfolio - Active Cases The table below illustrates the reduction of the delinquent fines portfolio as of the end of the third quarter of 2006 compared to the end of 2005. 2005 28,321 $18 Million End of Third Quarter 2006 27,189 1132 $18 Million Reduction in Portfolio o 27,189 cases with a value of approximately $18 Million are being actively pursued. 2 Enforcement Actions POA collections staff continue to pursue collection through the use of demand notices, third party collection agencies and civil enforcement through Small Claims and Superior Court. Demand Notices The table below illustrates the total number of demand notices sent as of the end of the third quarter of 2006 as compared to the total sent in 2005. 2005 8763 End of Third Quarter 2006 5983 Civil Enforcement The table below provides the total number of cases being pursued by Civil Enforcement in Small Claims or Superior Court, as at the end of the third quarter of 2006. Certificate of Default 5225 Debtor Exams 134 Writs of Execution 266 Garnishments 10 3 Third Party Collection AQencies The following tables summarize third party collection agency portfolios, revenue collected and commissions earned. Agency Case Portfolio First 6062 $ 4.5 Million Second 16,028 $ 6.7 Million Agency Recoveries & Commissions Earned 4 Write-off Submissions The table below provides a breakdown of the cease collection activity and write-off submissions for the third quarter of 2006. Staff recommend that collection activity for the 266 cases valued at $23,370.11, as noted below, cease. $23.75 or less 223 $3,017.61 Deceased Offenders 42 $12,792.50 Signed Affidavits - Sworn Paid o o Inactive Corporations 1 $7,560.00 SUMMARY This report provides a summary of the third quarter 2006 collection activities and results. Respectfully submitted by: Bill Bernard, Manager, Court Services This report was prepared by Jackie Foley, Collections Co-ordinator. 5 C/) W ::J<D ZO w~ ~o:: I-O::W Uom <{z::2: en<(~ WenD.. UwW Zo::C/) W::J" u.I-C u.-W OOC ...JZZ <{WW O~J: zwl- 5u.z 000 0::1-::2: D..ZW wJ: ::2:1- wO:: 1-0 <(u. I- en C/) I- Z W ::2: ::2: o U Q) wO)::c U.Dns Z ns ... ~gg~ O::>ns <(ns- >u.2. 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Z o B w 0:: 0:: o u. en ::l ....I D.. 0:: ::J UJ ...J <( i= z W I- o D.. (J'i" ~1-'<(;~1!? ~. ....~~~.~4""O; ~7 /~_f'._~. ". .."--/: (j ~"..<.~~ . . '\. ~ . ..~.$i{i-,}i.i fM\~~ ;~. ~ ~_~_:=J , )/1 f Pi"?- ~ .~ ~'})).)" ~.--lt. g.. "0 ~~ ..11 -. fi.:-t.~ <t) "':> :..~_ j~'" '<l . .;I--4-'~~~!:~~-o~O · 1()lCi · REGJONAL MUNrCrPAlnV OF NIAGARA POLICE SERVICES BOARD CSC 56-2006 8 9 .. '{(1; RCCEJVfll JUL 3 1 2006 Regional Mln7k.......H1u of~"~n.7 CH~MAN ,:. / " "\ e lZ.... .... -'" R~r.t:'V~n Arlf: It f '. . ....~-~~ ~&t ( ~ L~:5. Ac:;'5!..,. -- 'c.n... .. ~--,.-..,;. -.....".. -.. C*> ... ~ . ~-"..f"""_ ~ .......l..........,-...tl_ ~_....- ...,...,-- 0.1q__ ,...... CIIC ,.. f1. QiiL tcq 1 AlII: _.......__,~~ "l;~: -, 68 CHURCH STAEET. ST. CATHARINES, ONTARfO L2R 3 Tel: (905) 685-0321 Fax: (905) 688-<)036 E-mail: nrpboard@nrps.com Website: www,nrps com July 28, 2006 MF'~ Peter Partington Regional Chajr Regional Municipafity of Niagara 2201St David's Road, P.o. Box 1042 Thorold/Ontat'io L2V 4T7 Dear Regional Chair Partington: RE: Provincial Offences Courts (POA)_- Police Security Costs I am writing on behalf of the Regional Municipality of Niagara Police Services Board further to a request made at the March 15, 2006 meeting from the Regional Corporate Services Committee asking for' additional information on the cost of policing for the provision of court security to Niagara's Provincfat Offences Courts. At a recent Police Services Board meeting, discussion had taken place involving the aUocation of POA fines revenue. As you are aware, the Region and local municipalities retain a share of the fines collected in return for' providing collection and court servjces relating to the fines charged for Provindal offences. Tkket revenue contributions from the Provincial Offence Notfces issued for" Highway Traffic Act violations, flow to the Regional and municipal budge~. It Js the Board's position that the Police Service should not bear the entire cost of secw'ity. As the Niagara RegionaJ ponce Service have costs directly associated wIth providing services to the POA C.ourts, the Board is requesting the Region reImburse the Niagara RegionaJ Police ServIce for the appropriate policing costs related to the POA Courts. ""./2 Page 2 Jury 28, 2006 RE~ Provincial Offences Courts (POA) - Police Security Costs As you are aware! Niagara is an anomaly due to the number of active POA courts. "1l1e projected cost to the Police Service is approximatery $200/000 annually as outlined on the attached chart. 'The Ponce Services Board respectfuHy requests Regional Coundl review the use of funds generated from Provincial offences, and apply a portion of these funds .. to support policing' costS to provJde POA Court services back to the Police Service ~ on a cost':'rec()y~ry basis to offset these costs" LAI:dm Encl. c. Vice..Chair and Members, Pofice Services Board Chief W. Southalfl Niagara Regionaj Police ServJce Mr'. M. Trojanl CAO, Region of Niagara Mr. .t Bergsma, Commissioner of Corporate Services, Region of Niagara M S" > cA ~m om g ii g: to ~ 1lG 9..~ _:J ii ;, i to n- o .., II) ~ Q. (') ii' ::z n !!. en c :g ! i. :;: E ~ CJIJ CD ~ g; m :J Q, n c ~ a (P s::: 'D II) S fI) 5 :;) i go; o ~ N '#. mz (It -. ....S>> -. (Q 3 It ail ('I a.l "ac.c:t b is'' >i. 0." 32- =n :1. CD ~(I) nCD o ;! !~ 0- -I C & c' a CD Co "f l'A o = .. n I CS 11-2006 August 9, 2006 CORRESPONDENCE 207.. Moved by Regional Chair Partington Seconded by Councillor Hildreth That the folfowing communications be dealt with as follows; esc 52-2006 Letter from Deb Morton, Executive Director, Police Services Board, respecting: Niagara Porice Services Board - Motorola Service Agreement Infrastructure Data Radio System Equipment 114..2006 -- ReceiveD CSC 53-2006 Letter from Deb Morton. Executive Director, Police Services Board, respecting: Niagara Police Services Board - NRPS Digital Video Recording (OVR) Project C..132 .2006 -- ReceiveD esc 54-2006 Letter from Deb Morton, Executive Director, Police Services Board, respecting: Niagara Police Services Board - NRPS Variance Report - to May 31, 2006 113.2006 -- ReceiveD CSC 56~.2006 Letter from Larry Iggurden, Chair of Police Services Board respecting: Provincial Offences Courts (POA) - Police Security Costs -- Received and referred to the Joint Board of Management- Niagara Area Courts for review and future report back to the Corporate Services Committee Carried CLOSED SESSION 208 Moved by Councillor Burroughs Seconded by Councillor Bentley That this Committee do now meet in Closed Session for purpose of receiving information of a confidential nature relating to personnel and legal matters.. Carried. 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E?,,~ en "'0 uQ) <1>'"0 _ 0 "-0 ()) C rc Q) 0> C CJ) en en co (],) U 0> o !.... l.... ca CL..c zO o () <0 ~ N N ~ o o o 'T""" o o o CD VT t- o o N ,,~ '"0 Q) s- ::J 0- ()) s- ....... o C Q) o "~ ()) C.f) ~ s- etS ro~ C.f) 0 CJ) co ::::S-O o <l> 0)0) C l...- etS co - .r::. coO () .~ 2 'T""" 'T""" <0 N ~ o o ('\J o o o <0 69- "'0 !.... co U :t::: 'U Q) l.... o \.f- a c o :p ca .~ :j:i ::::s "'0 (J) U J "'0 ~ CJ) OOc t) (],) (J) E I.f- ~ (J.) co 0:::0. +-' C ::J o o .~ o -0 50- ell U ~ "'0 ~ () LO 'T""" N ('t') o c (II') "", ~ (J) ut ...J <( .- o .... THE REGIONAL MUNICIPALITY OF NIAGARA MEMORANDUM DATE: December 8, 2006 TO: Area Clerks FROM: Gail Reilly Legislative Assistant Joint Board of Management Niagara Area Courts Minutes of November 29th, 2006 and attachments SUBJECT: Further to my email, attached are the minutes and attachments for the Joint Board of Management Niagara Area Courts meeting of November 29, 2006. If further information is required, please contact Bill Bernard, Manager, Court Services, at (905) 371-8988, ext. 333. Gail Reilly THE REGIONAL MUNICIPALITY OF NIAGARA JOINT BOARD OF MANAGEMENT NIAGARA AREA COURTS REPORT 4-2006 Minutes of a meeting of the Joint Board of Management Niagara Area Courts he.ld via Teleconference on Wednesday, November 29, ,2006, commencing at 2:00 p.m. ATTENDANCE Joint Board Members: Ms., Poulin, City of St. Catharines, Vice-Chair presiding as Chair; Mr. Banks, City of Weiland; Ms. Labatte, City of Thorold; Mr. Luey, Township of Wainfleet; Mr. Kyne, Niagara Re.gion. Staff: Mr. Bernard, Manager, Court Services (Secretary, Joint Board of Management); Ms. Reilly, Legislative Assistant. ADOPTION OF AGENDA 37. Moved by Mr. Luey Seconded by Mr. Banks That the. agenda be approved as presented. Carried. APPROVAL OF MINUTES 38. Report 3-2006 Moved. by Ms. Labatte Seconded by Mr. Luey That Report No. 3-2006, being the minutes of the Joint Board of Management Niagara Area Courts meeting of October 24, 2006, be . approved: Carried. JBM 17 Joint Board of Management - Report 4-2006 November 29, 2006 39. Circulation of Confidential Reports A discussion ensued on the circulation of confidential" reports and it was concluded that the confidential reports did not have to be circulated with the minutes as the minutes would reflect the directions of the Board. 40. 3rd Party Collections RFP Mr. Bernard, Manager, Court Services, provided an overview of the RFP process with respect to Collection Agency Services for the POA. Mr. Bernard advised that "Request for Proposals" were issued to twenty proponents and ,that out of the ten proposals received, two bids were found to be compliant with all mandatory requirements as set out in the RFP document. The Board was advised that individual contracts for Third Party Collections Services, commencing January - 1, 2007, had been awarded to two service providers for a two year period with optional renewals after that. 1 st Placements of Consumer & Commercial Accounts were awarded to RecoverCorp. Inc. and 2nd Placements were awarded to Credit Bureau Services Canada. Moved by Ms. Labatte Seconded by Mr. Luey That the report on the 3rd Party Collections RFP be received. Carried. 41. Ministry of the Attornev General - Audit Report POA Operations Mr. Bernard provided an overview of the - Ministry of the Attorney General Audit Report on POA operations. He advised that the Audit covers POA Operations for the pe'riod January 1, 2001 to June 30, 2005. The Audit was conducted by a team of 5 persons and took one week to complete. The Board was advised that there was a 16 month delay in receiving the Auditor's report. Mr. Bernard advised that POA has completed its responses to the Audit and is waiting for responses from Corporate Services with respect to three sections of the Audit. He commented that this information must be presented to the Ministry by January 12, 2007. Mr. Bernard asked the Board to defer this matter to the next meeting when , all the responses to the Audit have been completed. He noted, however, that the responses will have been submitted to the Ministry prior to the next Board Meeting. JBM 1 8 Joint Board of Management Report 4-2006 November 29, 2006 Moved by Mr. Banks Seconded by Mr. Luey That the Ministry of the Attorney General - Audit Report POA Operations be referred to the next meeting of the Joint Board of Management Niagara Area Courts. Carried. 42. Prosecution Guidelines Ms. Poulin, Vice-Chair presiding as Chair, provided a brief update on the discussions that took place at the last meeting with respect to the Draft Prosecution Guidelines. Ms. Poulin, together with Mr.' Kyne, presented further amendments to the revised prosecution guidelines distributed to all Board Members on November 27th. A discussion took place as to whether the changes to these guidelines require an amendment to the Inter- municipal Agreement. Specifically, while he took no issue with the content of the guidelines, George Banks stated that they necessitated an amendment to the Inter-municipal Agreement and requested that his position be noted. However, the general consensus was that an a~endment was not necessary as the guidelines constituted a clarification on how prosecution services are to be provided. Moved by Mr. Luey Seconded by Ms. Labatte That the prosecution guidelines with the revIsions recommended by members of the Board be approved and circulated to all members of the Board, C.A.O.s and Clerks of the municipalities for their information and utilization. Carried. (George Banks dissenting) OTHER BUSINESS 43. Distribution of POA Net Revenues Mr. Luey advised that an Area Treasurers meeting will be held on the second Friday in December and he asked whether information on the POA net revenues amount to be distributed to area municipalities could be made available at that time. Mr. Bernard advised that he would speak to Regional staff on this matter and that it appears that the POA Ope~ations will reach .its target for net revenues distribution. JBM 19 Joint Board of Management Report 4-2006 November 29, 2006 CLOSED SESSION 44. Moved by Mr. Luey Seconded by Mr. Banks That this Committee do now meet in Closed Session for purposes of receiving information of a confidential nature relating to property, personnel and/or legal matters. Carried. 45. Report CSD 142-2006 . A Matter of Security of the Property of the Municipality Mr. Kyne, Director, Legal Services, provided an update on Confidential Report CSD 142-200(3. 46. Moved by Mr. Luey Seconded by Mr. Banks . That this Committee do now rise without report. Carried. ADJOURNMENT The Joint Board of Management teleconference meeting adjourned at 2:40 p.m. to meet again in regular session at the call of the Chair. Annette poulin Vice-Chair presiding as Chair Gail Reilly Legislative Assistant Bill Bernard Manager, Court Services (Secretary, Joint Board of Management) JBM 20 Date: November 16.2006 CORPORATE SERVICES DEPARTMENT EXPENDITURE AUTHORIZATION EXPENDITURES $100,000.00 TO $1,000,000.00 FileNo: 2006-RFP-18 Project/Subject: Collection Agency Services - POA X Bids Called o Sole Source o Negotiated Award to Low Bidder(s) (Meeting specification) X Yes o No Complies with the Following Policy No. C3.P02 Policy Name/ Policy Section: Purchasing Policy - Procurement of Supplies and Services/Section 24 Bid Results: (Without Tax) 1. Recover Corp. Inc. 1st Placements 2. Credit Bureau Services Canada 2nd Placements , Total estimated overall cost (2-year period) both vendors - $220,000.00 Financial: Budget Funding Approved: X Yes Current x Capital o Total Cost (Excluding Taxes) Budget Allocation: Expenditure to Date: Commitments to Date: $ 220,000.00 2-year (estimate only) (based on previous collection $ 110,000.00 fees) Account No: 1611-3402 Project I. D. Reserve. Recommendation: That individual contracts for Third Party Collection Services, commencing January 1, 2007, be awarded for a two year period with optional renewals thereafter, as follows: 1st PI,acements: Consumer & Commercial Aq;ounts to RecoverCorp., Inc. ~nd PlacelTlents: Consumer & Commercial Accounts to Credit Bureau Servh~es Canada Supporting Information: The collectio~ services covered in this report are utilized by P. O. A. Courts to as.sist in the collection of delinquent fines resulting from judicial decisions. It is considered best practice throughout the Ontario Municipalities to utilize twq vendors for this service thereby maxi,mizlng incentive through competition. Delinquent accounts are placed with the 1 $t placement service provider. If that provider is unsuccessful in collecting the account, the account is then placed with the 2nd placelllent .service provider. It should be noted that 2nd placement percentage fees are typically much higher than 1 st placement due to the difficulty in collecting such a?counts. Request for Proposals were issued to twenty (20) proponents. Of the ten (10) Proposals r~ceived, two (2) bids were found to be compliant with all mandatory requirements as set out in the RFP document The non-compliant issues were reviewed with our' Legal Division and found to be valid thereby leaving two bids to be evaluated, The proposals from Recover Corp and Credit Bureau Services Canada were then evaluated and site visits completed by the evaluation Team. Both companies satisfied the reqlJirements for collection services as set out in the original RFP document Fees for this service are based strictly on a percentage of revenues collected from delinquent accounts; no additional service fees are permitted. The recommendatIon for 1 st and 2nd placement i$ based on the quoted percentage rates for each placement category. The $220,000, 2:-year total cost shown above is an estimate only, based on previous combined collection service fees. Prepared by: Bobi Brown Approvals (Name/Titles) Date: (YYVY/MM/DD) John Bergsma Commissioner of Corporate Services Ob-// ~ /7 Mike Trojan Chief Administrative Officer at? ~ J(-- 17" JI il II 1i II ~. Ii ./1 I! iI...,.-- ., ~ .. ~ II'. Ii II I I. il il II J, Ii II l I ,j ! \ II !~ ! /I I II ~ / 11 ( II " ~ '/ ! I I I II II Ii II Ij R I' II II r I I I !J Ministry of the Attorney General I I I I ,. II II Ii )! II i! I' I 'I I I I i I I I i/ ij II I' I Ii iI Ii I Corporate Planning Branch - POA Unit AUDIT REPORT POA OPERATIONS THE REGIONAL MUNICIPALITY OF NIAGARA II II Ii Ii . II II l ------------______ _J, II I --I I II I II Jj I I 1 I I I I I i Ii ii II 'I I !! II /I I! fL_ _ _ _ 1. INTRODUCTION 2. BACKGROUND TABLE OF CONTENTS PAGE NO. 1 1 3. AUTHORITY TO UNDERTAKE AN AUDIT 4. OBJECTIVES 5. SCOPE 6. OPINION 7. CONCLUSION 8. DETAILED FINDINGS 1 2 2 2 3 3 1 !i Ii II .I Ii II II II II ,I r J ------- ---- -------------------------------------------------______________Ji .1 I .Ii ~ I II n I I !I II ~ !I n ,I .I II I II I I! Ii '1 II ~ ii: :i I! II ii fj II II ~ II INTRODUCTION The Provincial Offences Act (POA) establishes the legislative authority for the Attorney General to enter into agreements authorizing municipalities to perform POA courts administration and prosecutions and retain fine revenues. The Attorney General entered into a Transfer Agreement in the form of a Memorandum of Understanding (MOU) and a Local Side Agreement (LSA) with the Regional Municipality of Niagara effective January 29, 2001. Pursuant to section 162 of the POA, the municipality shall meet the standards specified in the Agreement and is subject to sanctions established for the failure to do so. Section 171 of the POA authorizes that the Attorney General may make an order directing the municipality to comply with the agreement within a specified time. If a municipality fails to do so, the 'Attorney General may revoke or suspend the agreement.. BACKGROUND The Provincial Offences Act (POA) gove'rns non-Criminal Code offences, such as parking, traffic and liquor license violations and offences under the Ontario Health and Safety Act and the Environmental Protection Act. Administering POA offences and prosecuting selected POA offences (Part I's) is the responsibility of the municipalities. The province retained responsibility for the quality of the justice system as a whole and continues to prosecute serious POA offences (Part Ill's). As part of it's monitoring and enforcement function, the POA Unit at the Ministry of the Attorney General (MAG) reviews reports from all municipalities covering financial, operational and performance standards. In addition, other monitoring mechanisms are being developed to include monthly reports of key POA workload and financial data designed to provide an independent means of detecting any anomalies in POA operations that would require further investigati~.n. To this extent regular audits on a rotational basis have been scheduled for all municipalities, which have taken on the POA administration function, to ensure that they are in full compliance with the Transfer Agreement and to ascertain whether there are any issues that require immediate corrective action. AUTHORITY TO UNDERTAKE AN AUDIT I. I This audit is authorized under the Transfer Agreement entered into between the Attorney General and the Regional Municipality of Niagara. Pursuant to the terms of the agreement, the Attorney General may at any time cause an audit to be made of the Municipal Partners accounts, records, books and data related to transactions undertaken by the Municipal Partner pursuant to the Transfer Agreement. The Attorney General may also undertake a management process audit related to the obligations of the Municipal Partner under the Transfer Agreement and where a material breach of any standard or requirement under the Transfer Agreement is reported, the Municipal Partner shall bear all costs. and expenses for the audit. 1 " "I H n Ii II II 11/-- 1;[ ; '. II il Ii ~ I I i !! iI I I I ; !I II Ii I ! i! IJ I I I i I I I ; I I ! I II I I I I ! ; ; II I Ij I i I I j ~ j: OBJECTIVES The objectives of the audit were: · To review the financial, operational and management aspects of POA operations at the Regional Municipality of Niagara at Niagara Falls, Weiland and St. Catharines. · To ensure that the municipality was in compliance with the terms of the Transfer Agreement. · To provide the municipality with financial and operational recommendations to. improve POA service delivery based on individual observations and findings. SCOPE The audit included a review of all POA operations of the municipality with special focus on the financial, operational and management aspects of POA operations. The audit concentrated on the period since the transfer date January 29, 2001 to June 30, 2005. The audit entailed interviews with municipality management and staff and the municipal prosecutor. The review entailed tests and the analysis of financial and operational records, data, reports and supporting documentation. The audit was conducted in accordance with generally accepted auditing standards (GAAS) and accordingly, included such tests and procedures, as we considered necessary to meet our objectives. The audit was conducted by auditor Len Chin of the controllership Unit, Pamela Elliott, Darrell Major and George Bazios of the POA Unit, under the supervision of Furhad Yaqubian, Controller and Audit Lead of the Court Services Division. OPINION Our audit disclosed that POA operations in the Regional Municipality of Niagara were operating fairly satisfactorily and that staff were making a concerted effort to perform their duties effectively. We noted that POA management at the municipality were very active in the Municipal Court Managers Association (MCMA) and the Municipal Financial Officers Association (MFOA), and had taken many innovative steps especially in the area of POA accounts receivable collections. The municipality was generally complying with the terms of the Transfer Agreement, except for the. situations described in our detailed findings. The municipality should take immediate steps to rectify the deficiencies described in.our detailed findings. This would mean implementation of our recommendations and continued compliance with the Transfer Agreement provisions signed at the time of the transfer. This would then result in the municipality complying with the services and the standards of service established by the Attorney General, and further enhance the delivery of these services to the public. 2 ----- - ---- ---- --- . ---- ---- II II II I! I II I I I II 'I I I' d II Ii Ii .I Ii jl I n Ii Ii Ii Ii " I I I J II I Ii !! I II il II ,; Ii H I I I II .; II ii II II II I I I II II ; i I I II II _ ___ Ii Ii Ii II ~L ~i' II fI I' ,! ~ '! Ii. ,- 1;"< 1\,__ . . I ii I J I I I I I I I J II II j !I !! ii J; I' II II Ii II- r'- Ii 'I !l Ii if I CONCLUSION In conclusion, the Audit Team would like to thank the Manager of POA operations and staff at all three locations of the municipality for their full cooperation during the course of the audit. DETAilED FINDINGS 1. FINANCIAL AND OPERATIONAL REPORTS Under the terms of the Transfer Agreement and as part of the post transfer monitoring and enforcement provisions, MAG requires that municipal partners provide the MAG POA Unit with certain annual and semi-annual reports. These reports are as follows: · Financial Reports · Operational Reports · Incident Reports (Annual & Semi-annual) (Annual) (As and when they occur) The audit found that since the transfer, the Regional Municipality of Niagara had not provided MAG with some of the above reports. Management at the Region indicated that due to a heavy workload they could not provide some of the reports, but would endeavour to so in the future. RECOMMENDATION The Regional Municipality of Niagara should provide MAG with all requisite POA reports and ensure that tbere are no delays in providing sueh reports. 2. FINES IMPOSED ON MUNICIPALITY Our review of RICO 1003 reports (Monthly Summary of POA Fines Received) for the Regional Municipality of Niagara from the transfer date revealed that fines with a total value of $201,035 imposed on serviced municipalities were not remitted to the Province. Municipal staff indicated that they were not aware such fines had to be remitted to the Province. Section 6.5 of the Local Side Agreement between the Regional Municipality of Niagara and the Attorney General states "the Municipal Partner or a serviced municipality charged, convicted and fined under the POA, shall forthwith disclose the fine to the Attorney General and shall forthwith pay the fine to the Minister of Finance". The POA manager for the Regional Municipality of Niagara indicated that in future, all such fines would be remitted to the Province. 3 I II I i II 1 J II II ii ii II II I' , .1 II II II Ii If II ___ ij , U !l Ii II,~ -- I" lit II II Ii i! ~ ~ ij i I I I, il/ Iii {'- II Ii I II I 'I !I !l II I. .1 ii jj II I I I , I II II II !"- II j IL RECOMMENDATION The POA Manager for the Regional Municipality of Niagara should scrutinize the RICO 1003 report each month to identify fines paid by the Regional and/or the serviced municipalities and remit them to the Province. The municipality should immediately remit the $201,035 owed to the Province. 3. COURT SECURITY Our audit disclosed that the Niagara Regional Police services conducted a security assessment of the Regional Municipality of Niagara POA courts. They used benchmarks provided by the Ontario Provincial Police (OPP) and the former Ministry of the Solicitor General (now Ministry of Community Safety and Correctional Services). A committee comprising of members of the judiciary, Niagara Regional Police Services staff, local court and municipality staff reviewed the confidential report issued. We were informed .that members of the judiciary had expressed concerns over the scope of security deficiencies, and that some steps have been taken to eliminate some of the deficiencies. POA management further stated that additional security enhancement provisions would be undertaken as more funds become available and that they would be performed in consultation with members of the judiciary and the Niagara Regional Police Services. RECOMMENDATION We recommend that security deficiencies identified by the Niagara Regional Police Services be implemented as soon as funds are available. 4. COURT CLOSURES AND ApPEALS Municipality management informed us that in the year 2005, the Region of Niagara was expected to lose some 53 POA court dates due to the shortage of judicial resources. This amounted to about 14% of available court time. We further learned that in the year 2006, the municipality was expecting to lose 84 days, which was approximately 22% of their available POA court time due to the eontinuing shortage of judicial resources. POA management and the municipal prosecutor further indicated that appeals were heard in "duty court" and that they had been denied in their request for a special tier, or. a specific date each month to hear appeals. They reiterated that there had been a steady increase in the number of appeals and felt that a special appeal day should be granted to them to handle this increased volume of appeals. They further mentioned that in other jurisdictions, a special day was usually set aside each month for appeals. Closures of trial court dates will have an impact on the "time to trial" which is currently six to eight months for POA matters in the Niagara Region. We determined that the municipality was having difficulty in setting lengthy trials due to shortages in judicial resources and management felt it was just a matter of time before POA trial backlogs would begin to develop. 4 I! \ !I II II ~ f I I II 'I II I II I I I I j II il I I I I I II II II ii i! r I I II I, Ii ii I J !I I' II I 1 II II II I! II II ~ II "I I I ",I II Ij Ii Ii II II II Ii il ii ii - jl " II II " "11 !I i! 11 ~ II i'i ,I' I, II I' II d " I I, I I 1I Ii I .I 1 I' .. I' II II II 1,- Ii , I ,~_ " I I II I' ,I 'I I I I I , I I j ji II r I II I! ,I II II II II, jr<. ~ Municipal officials further emphasized that they had brought the shortage of judicial resources to the Attorney General's attention quoting the guiding principals of the transfer as articulated in Section 2 of the Memorandum of Understanding which reflects on the objective of ensuring public confidence in the justice system. They further reiterated the demand for judicial resources throughout the Province reflected a serious shortage of Justices of the Peace for the Provincial Offences Courts. They felt that without additional appointments, municipalities would continue to encounter problems in ensuring POA trials were scheduled within a reasonable time frame. ,; ii n II I. Ii II 'I h Ii II Ii ,I iI II II !! II ii II II II' ,. I Management further stated that this delay in scheduling of trials would have the effect of eroding public confidence in the justice system. Most notably, the delay had reached a point where their ability to meet their obligations under section 5.3 of the MOU were seriously challenged and that they were concerned that some municipalities could soon be in breach of the Transfer Agreement through no fault on their part. RECOMMENDATION The municipality has reported a shortage in the Justices of the Peace hours. In it's view, this situation can be remedied if more Justices of the Peace were available for POA assignments. 5. CASH CONTROL & OPERATIONAL PROCESSES Our audit disclosed the following: · Two ICON reports namely the Offence Change Journal (RICO 1040) and the Daily General Ledger Adjustment Report (RICO 2030) were not being verified by POA management on a daily basis. The RICO 1040 report identifies all changes made to a case such as changes in name, address and other personal data. The RICO 2030 displays all financial changes ordered by the Justice of the Peace, such as reductions in fine and extensions in time to pay the fine. I, I I iI 'I I II il II j II I' II Ii !! ii ii ii n Ii II II I' .1 5 ii ---------------------------------------------------------------------------------------------.--------------_____________J It is important that these changes be verified to ensure that staff do not make any unauthorized changes and/or arbitrarily reduce the amount of fine payable by individuals who may be known to them. . US funds, on prepared cases were being processed in a manner that did not close off the case on ICON. Municipality staff initially waited for the bank to provide the US exchange rate and then processed the case in US dollars instead of Canadian dollars, which had the effect of keeping the case "open" on ICON. This resulted in no convictions being entered on these cases with the Ministry of Transportation (MOT). . Insufficient supervision over financial transactions, mainly due to the fact that there were three locations with the POA supervisor physically located in Niagara Falls. . The prosectuor's office being located in the POA administration office in both Niagara Falls and in St. Catharines. The prosecutor's office was in full view of the public and this could appear to be prejudicial and/or perceived as a conflict of interest to the defendant. This is because the . prosecution process should be kept separate from the administration process. ,. II I! "11 II It II n I I. II " ~ I j I I !1 I i I I il ji Ii II Ii I I I I 11- r' I h I' II II- i 1/ I I J ii ij ii I I J II f' <l Ii II II Ii ~ 11..'.. Ii 11,,_ '/- RECOMMENDATION We recommend the following: . Changes in the two ICON Change Journals be verified on a daily basis to the original Certificates of Offence to ensure changes are authorized by the Justice of the Peace. . US prepaid cases be processed in Canadian dollars so as to bring closure on ICON and where applicable, sent to MOT for suspension/enforcement. . There should be more stringent supervision over cash handling at each location. . The prosecutor should be provided with an office away from the administrative section to maintain independence from the administrative process. 6. SUBSEQUENT EVENTS A few months after our audit the POA Manager informed us that they suspected irregularities to cash receipts in their Weiland office and that their suspicions were centered around one staff. He further stated th at: . There were seven cases of manual receipts not entered into the system. . Cases of improper reversals, deletions and write-offs of certain fines. He further reiterated that they had called in KPMG an international firm of Chartered Accountants to do a comprehensive review of cash controls and manual receipts issued. KPMG issued recommendations which included the following: . Incomplete case file numbers. . No control over unused, cancelled and unused receipts. ~, --- . All staff having the ability to do reversals on ICON, and . The absence and non-verification of the Region of Niagara's POA deletion reports. Some of the improprieties stemmed from the fact that in all three POA locations, cashiers started to balance their daily cash takings at around 3:30 p.m. However, once the reconciliation process began (and this included the Collections Unit), they would issue manual receipts in lieu of ICON receipts to the public. This process of issuing manual receipts after 3:30 p.m. is where the irregularities occurred. The POA Unit suggested an ex MAG employee assist the municipality in performing some forensic work and verify the extent of the damage, and we were informed that that the total damage was limited to some three or four thousand dollars. This employee who committed the improprieties was an ex MAG employee, and was recruited by the municipality at the time of the transfer. The municipality has since dismissed the employee and taken stringent steps to further strengthen, cash and operational controls, which includes proper financial supervision in all three locations. 6 I. I I ~ II I Ii !I I, il r II l" I I !I II II 1 I I II II 'l I .1 Ii Ii I II II I l .1 ii Ii ii Ii .1 II 'I h II II u Ii I' II II !I il: II Ji ," A I! H II ~I(-- I l. II Ii H n " II I II II II II Ii II II I! II I il II I I I I II jj ..' iit f~ ""'~_ II I I I Ii b I' I! II- I II 1/ II I I j i1 II II Ii ii II II II -I Il~ IH 11,< I' .. ,I II I! I RECOMMENDATION We recommend the following: · Changes in the two ICON Change Journals be verified on a daily basis to the original Certificates of Offence to ensure changes are authorized by the Justice of the Peace. · US prepaid cases be processed in Canadian dollars so as to bring closure on ICON and where applicable, sent to MOT for suspension/enforcement. · There should be more stringent supervision over cash handling at each location. · The prosecutor should be provided with an office away from the administrative section to maintain independence from the administrative process. 6. SUBSEQUENT EVENTS A few months after our audit the POA Manager informed us that they suspected irregularities to cash receipts in their Weiland office and that their suspicions were centered around one staff. He further stated th at: · There were seven cases of manual receipts not entered into the system. · Cases of improper reversals, deletions and write-offs of certain fines. He further reiterated that they had called in KPMG an international firm of Chartered Accountants to do a comprehensive review of cash controls and manual receipts issued. KPMG issued recommendations which included the following: · Incomplete case file numbers. · No control over unused, cancelled and unused receipts. · All staff having the ability to do reversals on ICON, and · The absence and non-verification of the Region of Niagara's POA deletion reports. Some of the improprieties stemmed from the fact that in all three POA locations, cashiers started to balance their daily cash takings at around 3:30 p.m. However, once the reconciliation process began (and this included the Collections Unit), they would issue manual receipts in lieu of ICON receipts to the public. This process of issuing manual receipts after 3:30 p.m. is where the irregularities occurred. The POA Unit suggested an ex MAG employee assist the municipality in performing some forensic work and verify the extent of the damage, and we were informed that that the total damage was limited to some three or four thousand dollars. This employee who committed the improprieties was an ex MAG employee, and was recruited by the municipality at the time of the transfer. The municipality has since dismissed the employee and taken stringent steps to further strengthen, cash and operational controls, which includes proper financial supervision in all three locations. 6 I- I I D II " r I II II !I II I' II I i I I. I! If '! II I! .I II -I I ~ Ii II -I II Ii Ii I II II II II 1 I 'I I ii 1/ II II II II j' I! II II I ,.1 ~ I I I i I !i ~ II II ., II II II II II II i' I ! rl !~ , !I fi Ii Ii is ji Ii 'I I 'k- I'~ ii '/ I I J !, Ii ! Ii II l I I I I ; ij 10 i! !< II !I U ~! Ii ll_ ___ RECOMMENDATION We recommend the following: · The municipality continues its forensic undertaking to determine the extent of the improprieties. · That one staff at each location should have the authority to perform write-offs and deletions. · Change Journals be verified by the Manager and/or Supervisor on a daily basis · ICON should be programmed to display deletion of cases for the municipality. · All cash receipts after the commencement of the daily cash reconciliation (say 3:30 pm onwards) are credited to Bank #2 for deposit to the bank the following day and proper ICON receipts be issued to reflect the same. · Issue manual receipts onlv if ICON is not functioning and not on a daily basis. · More supervision over cash receipts on a daily basis. Audit Team: . Len Chin Pamela Elliott Darrell Major George Bazios Furhad Yaqubian Controller and Audit Lead Court Services Division Toronto, Ontario April 23, 2006 7 I I I Ii ~ ,I II Ii I il ~ II h I POA PROSECUTION GUIDELINES* WHEREAS the Niagara Region Courts Intermunicipal Agreement dated April 26, 2000, among other things: (a) recognizes the transfer by the Attorney General of Ontario ("AGO") of the responsibility to prosecute certain offences under Parts I and II of the Provincial Offences Act and the Contraventions Act (Canada), as more particularly described in the October, 2000 Memorandum of Understanding ("MOU") and the October, 2000 Local Side Agreement ("L "between the AGO and Niagara Region, to Niagara Region as Agent for all calities within the Regional Municipality of Niagara (the "Municipalities'')" representatives . ons of all ution (b) establishes a Joint Board of Managemen from the Municipalities to provide a forum to coordinat the ob . Municipalities with respect to court administration, support and p services; (c) authorizes Niagara Region to provide prosecution services, except for Local Prosecutions, on behalf of unicipalities; and ecutions and appeals that are -I ws and includes uilding and Fire Codes ed by law to prosecute";. (d) defines "Local Prosecutio conducted by a Municipality with reg prosecutions and appeals conducted i and any other matters that a municipalit NOW THEREFORE, as of November 29, 6, the Joint Board of Management endorses the following Prosecution Guidel ' es: agree and acknowledge that prosecutions transferred nd LSA will be given the highest priority by Niagara 2. Munici hav in-house or permanently retained legal services (presently Nia on, St. Catharines, Weiland and Niagara Falls and, shortly, Fort Erie be responsible to conduct their own "Local Prosecutions" and will not, exce> in highly unusual circumstances and with the prior written approval of Niagara Region's Director of Legal Services (or designate) be able to utilize the services of Niagara Region Prosecutors. On those rare occasions where Niagara Region agrees to provide prosecution services to these municipalities, it shall be on the same terms and conditions as such services are offered to municipalities who do not have in-hous~ or permanently retained legal services. 3. Municipalities which lack in-house or permanently retained legal services can engage the, services of Niagara Region Prosecutors to prosecute Local Prosecutions after making a written request to, and receiving written approval from, Niagara Region's Director of Legal Services (or designate) at the current prosecution rate as may be established by Niagara Region from time to time which rate shall not be less than the full cost of the time the Prosecutor spends on the prosecution activity (includrng all research, preparation, court and reporting time) based on the Prosecutor's salary, benefits and other employment- related costs. In addition, the municipality will reimburse Niagara Region for all disbursements and other prosecution-related expenses. Niagara Region will from time to time and at the conclusion of the prosecution invoice the municipality detailing all time and other prosecution-related costs. 4. Once undertaken, Niagara Region's responsibil" Prosecution" is concluded at the first resolution of t, plea, withdrawal of the charge or a trial decision. T e cle not be responsible for any appeal or re-hearing of the ffence. 5. Niagara Region retains the discretion to refuse to prosec Prosecution". 6. Niagara Region Prosecutor . prosecutorial independence and any charge, enter into a plea agre speak to the scheduling of matters think appropriate in the circumstances. ill at all times continue to exercise complete . the discretion to, for example, withdraw II the witnesses, retain any experts, missions to the Court that they 7. Notwithstand', develop conting municipalities are encouraged to " prosecution resources. 8. These Guidelines Region Prosecutors will c are presently conducting at n new "Local Prosecutions" until April 1, 2007. In the interim, Niagara e to conduct any "Local Prosecutions" that they e to the Municipality but will not take on any , II 1, 2007. * SUBJECT TO APPROVAL BY NIAGARA REGION COUNCIL For further information contact the Regional Clerk's office at (905) 685-1571 or 1-800-263-7215 www.regional.niagara.on.ca From the February 8, 2007, Meeting of Regional Council Volume 15, Issue 2 2007 Current & Capital Budget The deliberations on the 2007 Current and Capital Budget will continue on Thursday, March 1, 2007 at 2:00 p.m. at the Budget Review Committee and Council meetings. Ukrainian Regional Governance and Development Project Delegation Welcomedl Regional Council extended a warm welcome to the Ukrainian Regional Governance and Development Project delegation that has been hosted by the Canadian Urban Institute and funded by the Government of Canada through the Canadian International Development Agency. RegiOnal Council Supports Brock University's Request to the Province of Ontario Regional Council supported Brock University's request to the Province of Ontario for $42.5 Million capital funding for expanded research capacity on the basis that such increased capacity assists in supporting local efforts. at creating local economic self-reliance and overall integrated community sustainability, the proposed research and teaching complex. The Niagara Health and Bioscience Research Centre will be located on the Brock campus and will accommodate leading Brock, McMaster and Niagara Health Services researchers in health, biosciences and drug development; research laboratories and technologies; McMaster's Niagara Medical Education Centre and company accelerator. The Niagara Health and Bioscience Research Centre will address key economic, educational and social priorities for Niagara; the development of knowiedge-based industry, provision for high quality health services, and health, medical and bioscience graduate training and provide Niagara Region with a knowledge-based industry that will be at the core of Niagara's prosperity and competitiveness in a global economy for the next half century. T he Vineland Renaissance Project Regional Council received a presentation on the Vineland Renaissance Project with its vision of a pest free (disease/insects) tender fruit, grape, floriculture industry; cold hardiness plants (outdoors & under glass); a model for federal/provincial agri-food research & innovation centres & networks; creation of an attractive destination for world class horticultural & food/health related research scientists; a year-round supply of local product; work toward the establishment of an internationally recognized Greenbelt focus & socio-economic research team; enhancements in Culinary Tourism; development of new links among better produce, better health, better use of resources & better living and the identification & development of value from bioactive compounds. Regional Council supports the Wine Country Enhancement Initiative, In Principle Regional Council received a presentation on the Wine Country Enhancement Initiative and supported the initiative in principle, subject to the receipt of a report that outlines the financial details of the project. The Wine Country Enhancement Initiative will attract more investment to Wine Country communities; create an enhanced destination and support Wine Country communities and form partnerships. The goals of the initiative are to create a world class destination; to enhance Tourism & Economic Development; to encourage sustainable development and to improve access and circulation. Congratulations to Councillor Bylsma and his wife Gracel Regional Chair Partington on behalf of Regional Council extended congratulations to Councillor Bylsma and his wife Grace on the birth of their first child, a son named Ryan Matthew, who was born on February ih. H e will be missed..... Gord Harry, the former Mayor of Wainfleet and Regional Councillor, sadly passed away this past Sunday. Our thoughts and prayers go out to Gord's wife Angie, his children Debbie and Gord Jr. and his entire family. He will be missed.... Gord Harry was a strong advocate for the Township of Wainfleet, the Region of Niagara, and to his work both as an employee and as Chair of the Niagara Peninsula Conservation Authority. Gord Harry was first and foremost a proud family man. Provincial Government is Investing $772,916 in Niagara Region The Ontario Minister of Citizenship and Immigration - the Honourable Mike Colle, and the Minister of Tourism, the Honourable Jim Bradley announced that the provincial government is investing $772,916 in funding for a new program that will attract and integrate internationally trained individuals into Niagara's community and workforce. The Niagara Training and Adjustment Board will receive $522,916 to work with its community partners, of which Niagara Region is one, to implement an innovative newcomer employment centre. The remaining funds will go to the Folk Arts Council of St. Catharines' Multicultural Centre for the services they provide to newcomers. This is the first such investment by the Provincial government outside of Toronto. Minister Colle credited our Niagara Week activities for putting Niagara on the government's radar as a desirable location to direct immigrant settlement. Niagara Region Maintains its "AA" Credit Rating Regional Chair Partington was pleased to announce that Niagara Region has maintained its "M" credit rating as a result of a strong operating performance by the Region and good economic prospects for the Niagara area. SmOking Cessation Support Project Broadened to Include All Niagara Residents Regional Council endorsed the broadening of the Social Assistance Participation Smoking Cessation Support Project to include all Niagara residents wanting to quit smoking. SpeCial Events Recycling Program Recommended Regional Council recommends that the area municipalities implement mandatory special events recycling through their current approval! permit system effective for the 2007 special event season. Creation of Public Art Associated with Redevelopment Initiatives Regional Council approved an allocation up to $25,000 from the Smarter Niagara Incentive Funds to partner with the private sector in the creation of public art associated with redevelopment initiatives. ~~~~_. . Region Building GommuniiY~- Building- iJiVes~ New Faces of Regional Council- Revised (Due to photo distortion with first issue we are re-sending Highlights) January 18, 2007 marked the first Council meeting for the 2006 - 2010 term of Regional Council. The new faces of Regional Council are: Shirley Cordiner Town of Fort Erie Vance Badawey, Mayor Mark Bylsma City of Port Colborne Town of Lincoln Barbara Greenwood Barbara Henderson, Mayor City of Niagara Falls Township Wainfleet Henry D'Angela, Mayor Cindy Forster City of Thorold City of Weiland -,~" L David Lepp Brian McMullan, Mayor Town of Niagara on the Lake City of St. Catharines NextCQuncil flleeting . , February 8.2007 Regional. Headquar1ers · OOTW 4:~,p.tn. ' The returning Regional Council members are as follows: Regional Chair Peter Partington; Brian Baty (Pelham); Bob Bentley, Mayor (Grimsby); Gary Burroughs, Lord Mayor (Niagara-on-the-Lake); Judy Casselman (S1. Catharines); Mike Collins (S1. Catharines); Robert Gabriel (Thorold); Damian Goulbourne, Mayor (Weiland); Brian Heit (S1. Catharines); Bill Hodgson, Mayor (Lincoln); Ronna Katzman (S1. Catharines); George Marshall (Weiland); Doug Martin, Mayor (Fort Erie); Tim Rigby (S1. Catharines); Ted Salci, Mayor (Niagara Falls); Bob Saracino (Port Colborne); Bill Smeaton (Niagara Falls); Bruce Timms (S1. Catharines); Katie Trombetta, Mayor (West Lincoln); Debbie Zimmerman (Grimsby). For further information contact the Regional Clerk's office at (905) 685-1571 or 1-800-263-7215 www.regionaLniagara.onca ..... Newly Appointed Co-Chairs of the Niagara Region's Standing Committees Regional Council appointed Councillors Collins and Martin as Co-Chairs of the Corporate Services Committee; Councillors Baty and Timms as Go'-Chairs of the Public Health and Social Services Committee and Councillors Rigby and Smeaton as Co-Chairs of the Planning and Public Works Committee. Standing Committees - Meeting Schedule - Update Regional Council approved the change to the time of the Public Health and Social Services Committee meetings from 2:00 p.m. to 1 :00 p.m. on Tuesdays. Corporate Services Committee will continue to meet on Wednesdays at 9:00 a.m. and Planning and Public Works Committee will continue to meet on Wednesdays at 1 :00 p.m. Budget Review Committee - 2007 Budget Committee of the Whole/Budget Review Committee met to receive a departmental 2007 Budgets on January 18, 2007, following the appointment of Councillor Martin as Chair and Councillor Rigby as Vice Chair. Budget Review Committee which is comprised of all members of Regional Council will meet again on Februflry 8,2007. Debbie Zimmerman Early Years Niagara Literary Award Regional Council applauded the Debbie Zimmerman Early Years Niagara Literary Award winning book entitled: Llama, Llama Red Pajama by Anna Dewdney The Debbie Zimmerman Early Years Niagara Literary Award has established a unique award for children's literature aimed at the 0-6 age group, which will be distributed to sites within Niagara where families and children gather, including public libraries, Ontario Early Years Centres, licensed child care centres and pediatrician's offices. Recognition of Excellence Award Regional Council congratulated Ms. Linda Beyer for being nominated for a Leadership Award for her outstanding work on the Road Safety initiative. Ms. Beyer's ongoing work on this initiative has gained much respect and recognition within the community since its launch in September 2006. Retirement Announcement Regional Council was apprised of Mr. Ian Neville, Commissioner, Public Works Department retirement as of April 30, 2007. Regional Council wished Mr. Neville the best noting the contributions Mr. Neville has made to the Niagara Region over the past number of years. .., .."., .... .... .....:... ...,. : .. . ...:, . .,."., .............:. :,.:::< .' . ... . .... .. .... . ..... ..:,' :..,.. .. ..' ....... ., ......'.. ........ . ..:..< ..,. . ..... .. ..': .........:., ...... ...' ., . .:.' . ... .....'... ..... ..... . . ,.. '. .,....... ..<. ... . . ... ..,:... .' ....:. . ... .. . ' . . .. . ...: '. ... ,...... ...., ..,......... ..... . .~~;~~j; . . ,'" . . ,'. ,. ., .... ... ... . .. '. ,.,..... ,.' :.. . ...... . ... ....... ....., ..: . ::... , ... .. ...: .:.. ... ... .. .. . '. . . .. ....:.". .. :.. ,. .,:.. . . J? ...... . . ~,\ .'.. .. ... .. .',' ,. .. ..... ...,:. .. ... . .:..... .: . '.. >, .'. .' .. ','. .,.. '.. . ..' . -, ,,' ... . . ,. ... C"\ec~ ';:.-i offiCt2 at (905) 15"71. or 1.-800..26.3.,7:215 v.,jvl~'Is.'.re9jona!, niagara. on.co. From the November 9, 2006 Meeting of Regional Council Volume 14, Issue 15 NATIONAL CHILD DAY POETRY CELEBRATION 2006 Regional Council thanked the students and the schools who participated in the Second Annual National Child Day Poetry Celebration as part of National Child Day on November 20th, 2006. The Niagara Region received more than 300 poem submissions from 15 elementary schools across the Niagara Region. We are celebrating National Child Day to recognize the United Nations Convention on the Rights of the Child (1989) and Niagara Children's Charter of Rights. Tyler Growe, a grade eight student from S1. Patrick's School in Port Colborne; Shalika Brown, a grade four student from Prince of Wales School in S1. Catharines and Stacey Mullen, a grade seven student from St. Antoine, a French school in Niagara Falls read their winning poems for Regional Council, which reflected the theme for this year's celebration was "Reaching Our Potential: Our Right to Develop Who We Are". Dr. Feller thanked all of the students and teachers who pa rtici pated in th is yea r' s celebration, along with Regional Council for all of their support around the importance of this work related to Children's Rights. We collectively are building our communities by continuing to promote and monitor our Children's Rights. In addition to this year's poetry celebration, the Child's Rights Interest Group of Niagara invites families in Niagara to visit one of the participating municipalities for a free hour of skating to celebrate National Child Day. Thank you to all the participating municipalities. REGIONAL EMPLOYEES ARE ON THE MOVE! The first phase of staff relocations began on Monday, November 6, 2006 with the administrative division of our Community Services Department moving into the new Campbell East wing of the administrative building. NIAGARA SPECIALIZED TRANSIT SERVICE LAUNCHED! Monday, November 6th, marked the launch of the Niagara Specialized Transit Service. The service is an important step forward and speaks to our commitment to our corporate motto - "Building Community - Building Lives." The service will no doubt improve the lives of many. Regional Council thanked Eric Flora and Eric Pilon for their hard work, and Councillors Rigby and Saracino for their interest in seeing this project come to fruition. H OLE-IN-ONE CHEQUE PRESENTED Regional Chair Partington had the privilege of presenting the Regional Chair's Charity Golf Tournament, Hole-in-one winner, Mr. Ward Campbell, with a cheque from the tournament's sponsored insurance company in the amount of $50,000. Mr.Campbell, got a hole-in-one on Ussher's Creek #13 at Legends on the Niagara during the tournament. Mr. Campbell has kindly donated $7,500 back to the tournament to bring our total charitable proceeds for this year to over $100,000. Regional Council applauded Mr. Campbell for his generosity. A TIME FOR REFLECTION Saturday being Remembrance Day, is a time for reflection on all that has been given to us by the brave men and women of our armed forces through two world wars and the conflicts since -including the present struggle in Afghanistan. EXERCISE YOUR DEMOCRATIC DUTY AND VOTE ON NOVEMBER 13THJ Municipal Election Day is on November 13th and the people of Niagara were encouraged to exercise their democratic duty and make their voices heard. The act of voting is perhaps the most fitting tribute to Remembrance Day. ME M 0 RAN DUM UNDERSTANDING SIGNEDJ The signing of the Memorandum Understanding (MOU) between the o F Lawrence Seaway Management Corporate, the Niagara Economic Development Corporation and the Regional Municipality of Niagara, was authorized by Regional Council. The MOU will ensure the S1. Lawrence Seaway, a key component of the multi-modal transportation system in Niagara, is fully and effectively utilized as an economic driver for Niagara. NIAGARA REGION'S PARTICIPATION APPROVEDJ Regional Council approved the Niagara Region's participation in the Ontario Ministry of Transportation's Dedicated Gas Tax Funds for Public Transportation Program. WIND ENERGY NIAGARA PROJECT (WEN) APPROVEDJ Regional Council approved the Niagara Region's participation in the Wind Energy Niagara Project. RESIST, EXPOSE, AND, CHALLENGE TOBACCO - R.E.A.C.T. Regional Council was apprised of the R.E.A.C.T. program, which is youth led, coordinated by the Niagara Region Public Health Department and funded by the Ministry of Health Promotion. R.E.A.C.T. strives to educate Niagara's youth about the ill health-effects from smoking and encourages youth to live smoke-free. NEXT MEETING OF REGIONAL COUNCIL as is Niagara Region's custom, Niagara Region will have a special meeting on November 23rd at which time those on of Regional Council who are not returning will St. be suitably honoured. For further information contact the Regional Clerk's office at (905) 685-1571 or 1-800-263-7215 www.regional.niagara.on.ca From the November 23, 2006 Meeting of Regional Council Volume 14, Issue 16 CUPE 1287's Membership Applauded for Their Generosity! Mr. Steve Leavitt, President of CUPE 1287 presented Mr. Larry Butters, President of Local 1019; Mr. Lyle Renaud, Paramedic and Ms. Melissa LaCroix, Paramedic of the Niagara Paramedic Association with boxes and bags full of stuffed animals to be used by the Paramedics when they are responding to calls where children are involved. Regional Council applauded CUPE 1287's membership for their generosity. Mike Trojan Appointed to the Coordinating Table AMO has announced that Mike Trojan, CAO of Niagara Region was appointed to the Coordinating Table to assist AMO with its work in regards to the Provincial-Municipal Fiscal and Service Review. Accessibility for Ontarians with Disabilities Act, 2005 - Initial Proposed Customer Service Standard Approved for Review and Comment Regional Council directed the Niagara Accessibility Advisory Committee and the Corporate Management Team to review the I nitial Proposed Customer Service Standard document and forward comments to the Accessibility Coordinator for compilation into one submission to the Minister of Community and Social Services prior to the public review deadline of December 20,2006. 2006 Terms and Conditions for Healthy Babies, Healthy Children Program Approved! Regional Council as the Board of Health approved the signing of the 2006 Terms and Conditions for Healthy Babies, Healthy Children Program. 2007 Budget - Update Mr. Trojan provided Regional Council with an update on the 2007 Budget, noting that the senior management team has been meeting regularly to discuss the 2007 budget and has taken into consideration the issues of sustainability and ability to pay. Through the early direction from Regional Council, the Corporate Manage- mentTeam is confident that Niagara Re- gion will be able to meet target or come very close to achieving the target. Good-Bye! Regional Chair Partington noted the accomplishments of outgoing Regional Councillors Almas; Angelone; Bailey; Bodner; Brock; Eke; Harry; Hildreth; Leavens; Mastroianni; Redekop and Rigby and in turn they were given the opportunity to say a few words. The outgoing Regional Councillors thanked their families; their colleagues; the Corporate Management Team and all Regional staff for their professionalism and dedication to the residents of Niagara. Mr. Trojan on behalf of the Corporate Management Team and the employees of the Niagara Region thanked Regional Council for their dedication to Niagara Region and its residents. Mayors: Douglas Martin Bob Bentley Bill Hodgson Ted Salci Gary Burroughs Dave Augustyn Vance Badawey Brian McMullan Henry D'Angela Barbara Henderson Damian Goulbourne Katie Trombetta Fort Erie Grimsby Lincoln Niagara Falls NOTL Pelham Port Colborne St. Catharines Thorold Wainfleet Weiland West Lincoln Regional Councillors: Shirley Cordiner Fort Erie Debbie Zimmerman Grimsby Mark Bylsma Lincoln Barbara Greenwood Niagara Falls Norm Puttick N iagara Falls Bill Smeaton Niagara Falls Dave Lepp NOTL Brian Baty Pelham Bob Saracino Port Colborne Judy Casselman St. Catharines Michael (Mike) Collins St. Catharines Brian Heit St. Catharines Ronna Katzman S1. Catharines Peter Partington St. Catharines Bruce Timms 81. Catharines Robert Gabriel Thorold George Marshall Weiland Cindy Forster Weiland 2006-2010 Regional Council - Elect Caucus Meeting of Regional Council - Elect 2006 - 2010 The Advisory Committee of the 2006 - 2010 Regional Council - Elect (Caucus Meeting) meeting will begin at 4:00 p.m. on November 30th. This meeting is called to elect the Head of Council and to determine which members of Council will serve on Council's Standing Committees and as Council appointees to various agencies, boards and commissions. I naugural Meeting of Regional Council 2006 - 2010 The Inaugual Meeting of Regional Council 2006-2010 will begin at 4:00 p.m. on December 14th. Regional employees are invited to view the procession from the balconies along the hallway. '0""" -I',",' 'R'~'''''' .n"'T'-'il ."." '''''ll'II-I'I'~'''-1 BOARD REP"l" [ -. :'~'..,.l'- ", .1..:.... .~. .'to ........: ',' \_ . . REGIONAL MUNICIPALITY OF NIAGARA POLICE SERVICES BOARD Contents of this report relate to the activities of the Niagara Police Services Board as an outcome of the public meeting held December 13, 2006. This information is made available to members of the police service and interested members of the public. NEXT MEETING Thursday, January 25, 2007 .... 8:3lJ a.m. PSB Boardroom 110 James Street, 4th Floor St. Catharines, Ontario ON BEHALF OF THE POLICE SERVICES BOARD AND ITS STAFFJ PLEASE HA VE A SAFE & ENJOYABLE HOLIDAY SEASON! ", ", '" " ,,, " REPORTS FROM THE CHAIR OF THE BOARD Chair Iggulden reported on the following: Reaional Re-Appointments to Police Services Board - At its December 7m Caucus Meeting, Regional Council recommended Councillors Bentley, Martin and Smeaton for re-appointment to the Niagara Police Services Board. The recommendation was ratified at the Inaugural Meeting of Regional Council on December 14th. Business Plan Community Forums - In January 2007, the PSB and the NRPS will be hosting a series of community outreach sessions across the Region to receive public input as part of their development of the 2007- 2009 Business Plan. These sessions will allow the Service to seek input on issues as they relate to policing and will also assist in prioritizing the community's policing needs. Public sessions as scheduled in the following municipalities on the dates listed below. . Weiland - January Efh . Sf. Catharines - January 9th . Niagara Falls - January 1 dh . Port Co/borne - January 11th . Grimsby - January 16h . Fort Erie - January 23rd Specific location details can be obtained at the Ontario Editorial Board's website www.makeitcount.ca. REPORTS FROM THE CHIEF OF POLICE: Chief Southall reported on the following: Welcome-Back to ReQional Councillors Chief Southall welcomed back the Board's Regional Council appointees, noting that on behalf of the Service Executive and Members, she looks fOlWard to continuing the working relationship with Members Bentley, Martin and Smeaton throughout the next four years. NRPS Recruit SwearinQ-ln Ceremony - Chief Southall announced that the Service will be welcoming nine new recruits being formally recognized at a Recruit Graduation on this day, December 13th. Member Mal Woodhouse is bringing greetings on behalf of the Police Services Board. Emeraency Preparedness Exercise - On December 8m, a vehicle with two men crossed the Rainbow Bridge into Canada. Vvhere at the secondary inspection area, the two men exited the vehicle and an inspection commenced. During the inspection of the trunk, a Canada Border Services Agency Inspector located a suspicious package believed to be an Improvised Explosive Device. In an attempt to cause a distraction, one of the men threw a quantity of white powder on the ground and then fled the area, with the second male then running across the bridge to the United States. For the purpose of the exercise, the primary inspection booth Inspector began experiencing breathing difficulties while sweating profusely. Overall physical discomfort was evident. The secondary inspection area Inspector also began complaining of similar discomfort. Chair Larry A. Iggulden, C.A. Vice-Chair Doug Martin Members Bob Bentley William Smeaton Larry Tufford Malcolm Woodhouse +++ Board Staff Deb Morton Executive Director Sandi Taylor Executive Assistant Dawn Moses Board Clerk +++ For further information contact: Regional Municipality of Niagara Police Services Board 68 Church Street Sf. Catharines, Ontario L2R 3C6 Bus: (905) 685-0321 Fax: (905) 688-0036 Email: nrpboard@nrps.com Website: www.nrps.com Each emergency situation was addressed and the exercise concluded with officers from the U.S. Customs and Border Protection Agency locating and capturing the suspect at the U.S. port of entry. The exercise was deemed a success and a major debriefing of the entire event will be conducted in the next few weeks. The exercise was conducted in real time using role players as actors. Emergency response procedures were adhered to as if the exercise was a real event. The first responders who participated in the Niagara Falls Bridge Commission exercise were the Niagara Regional Police SeNice, Niagara Falls NY Police Department, Ontario Provincial Police, Canada Border SeNices Agency, United States Custom and Border Protection, Niagara Emergency Medical SeNices, Niagara Falls, Ontario & New York Fire Departments, and Niagara Chemical Biological Radiological Nuclear. 2007 Qoeratina Budaet -. The preliminary 2007 operating budget has been sent to the Region. Dates for further Board consideration should be set early in the new year. Christmas Wishes - On behalf of herself and all SeNice members, Chief Southall wished the Board and staff a Merry Christmas and happy holidays with their families. The Chief also acknowledged that during 2006, together the Board and the SeNice have faced hurdles and achieved goals and that all the combined efforts have been very much appreciated. 16th ANNUAL NIAGARA REGIONAL POLICE SERVICE HOLIDAY FOOD & TOY DRIVE PSB Minute #203. - Members and staff showed their support by donating an assortment of non-perishable food items and new unwrapped toys at the Board meeting. In the absence of NRPS Holiday Food & Toy Organizer, Sergeant Dave Brennan, Chief of Police Southall thanked all contributors for a significant donation to the regional Community Care offices. Chair Iggulden added that the Board is very pleased to continue with the annual NRPS food and toy drive. DISCLOSURE OF SECONDARY ACTIVITIES PSB Minute #204. - Pursuant to Board By-law 150- 1995 and Section 49 of the Police Services Act, which places restrictions on secondary activities for police seNice employees, the Board received SeNice report 258/2006 disclosing secondary activities as they relate to members of the SeNice for the period of June 1 to December 6, 2006. During the above-noted period, the Chief of Police considered and authorized the applications of two (2) members seeking additional work outside of their duties within the NRPS. Employment being sought relates to work in the following capacities: . Consultation Defensive Training & Education for Risk Managers and Security Personnel; and . Director of First Ontario Credit Union. DIVE VAN BODY FABRICATION - PURCHASING & EQUIPMENT PSB Minute #205. - The Board considered SeNice report 255/2006 requesting approval of an award of tender respecting the replacement of the existing dive van body unit. The SeNice's Dive Unit is required to transport sensitive and valuable equipment on a routine basis in order to accommodate the team's operational duties. In December 2005, the Board approved the purchase of a 2006 GMC C5500 Commercial Cutaway Chassis and the purchase of a Diesel Driven Breathing Air Compressor System from Compressor Systems. The above noted acquisitions were necessary prior to commencing the body van fabrication process, which is currently being requested, in order to complete the SeNice's initial intent to possess a specifically designed and dedicated vehicle to transport and store the equipment associated with the NRPS Dive Team. Upon consideration, the Board deferred the item at this time. PROVINCE OF ONTARIO - EXPANSION OF LOAN PROGRAM TO MUNICIPALITIES & UNIVERSITIES PSB Minute #207. - Chief Southall distributed a media release dated December 8, 2006 from Infrastructure Ontario. Infrastructure Ontario is a Crown corporation dedicated to the renewal of the province's hospitals, courthouses and other key public assets. The corporation offers a loan program through its Ontario Strategic Infrastructure Financing Authority (OSIFA) loan program to help Ontario universities, municipalities and other broader public sector partners. The McGuinty government announced that the program has recently been expanded to include municipal borrowing for investments to improve municipal administration buildings, local police and fire stations, emergency vehicles and equipment, ferries and docks and municipal airports. Chief Southall informed the Board that consideration toward submitting a funding application could have significant savings for Niagara. The Board received the item for information. VARIANCE REPORT PSB Minute #206. - The Board received SeNice report 160/2006 providing a financial oveNiew and forecast for both the SeNice and the Board to November 30th, 2006. The consolidated variance analysis and forecast for 2006 was based on results of operations for November year-to- date. Report contents indicate that at this time, the SeNice is forecasting a total net expenditure savings of $434,171 for the year. This figure will be substantiated as the final transactions for the year are processed. Volume 5, Issue 12 December 2006 Page #2 ",. ,.,. .-...R'.'." '.' ,-r.,H.-,.,.'-'-". ,i'-FiG BOARD REPo"rw il"11"'-1.1 , .. ,- .._.- REGIONAL MUNICIPALITY OF NIAGARA POLICE SERVICES BOARD Contents of this report relate to the activities of the Niagara Police Services Board as an outcome of the public meeting held November 3D, 2006. This information is made available to members of the police service and interested members of the public. NEXT MEETING Wednesday, December 13, 2006 8:30 a.m. PSB Boardroom 110 James Street, 4th Floor St. Catharines, Ontario REPORTS FROM THE CHAIR OF THE BOARD Chair Iggulden reported the following: Member Vance Badawey - Resignation Vance Badawey has resigned from the Police Services Board. In September, Mr. Badawey had taken an unpaid leave of absence from the PSB to participate as a candidate in the municipal election. He was successful and is currently the Mayor-elect for the City of Port Colborne. As a provincial appointee, he was required to relinquish his seat on the Board. The province anticipates 6-8 weeks to complete the appointment process for a successor. NRPS Recruit Swearing-In Ceremony Chief Southall will preside at the swearing-in ceremony for 9 new NRPS recruits who are presently completing their training at the Ontario Police College. The event will be held on December 13 at the Brock Plaza Hotel in Niagara Falls. Member Woodhouse will bring greetings on behalf of the Board. REPORTS FROM THE CHIEF OF POLICE: Chief Southall reported on the following: 2006 Homicide Stats - For the period January 1st through October 28th, the 2006 total is at four versus twelve for the same period in 2005. 2006 Statistics for Mariiuana Grow Operations. Robberies & Traffic Fatalities Grow Ops to November 27: . $6,663,850 estimated street value seized, (bringing the total number of operations to 33 with 41 arrests). Robberies from Oct. 24 - Nov. 27: . Total of 23 with 8 incidents being cleared. Traffic Fatalities: . 33 (comparable to 31 for 2005). R.I.D.E Campaian - Town Of Lincoln (Nov. 23 & 24) Breakdown of 120 Drivers checked; · 7 roadside sobriety tests conducted; . 2 Drivers arrested; · 4 Licences suspended; · 8 Provincial Offences Notices issued for violations. Festive R.I.D.E. Kick Off - On November 26th, the NRPS launched its Festive Season R.I.D.E. Program in Fort Erie with the assistance of four other law enforcement agencies. Officers from the Royal Canadian Mounted Police, Ontario Provincial Police, Niagara Parks Police and CN Police joined members of the Niagara Regional Police Service at the Peace Bridge in Fort Erie for the kick-off of this year's R.I.D.E. Program. Over 60 law enforcement officers took part in the initiative, making this one of the largest single R.I.D.E. spot-checks held in Canada this year. Between 3:00 p.m. and 8:00 p.m., over 3000 vehicles were stopped, 96 roadside screening tests were performed, 22 drivers were issued 12- hour licence suspensions and 4 criminal charges were laid. The Niagara Regional Police Service's R.I.D.E. program will continue in every community within the Niagara Region throughout the holiday season and into the new year. Fort Erie Man Arrested for Attempted Murder On November 2nd, 2006 the NRPS was dispatched to a two vehicle motor collision on Gilmore Road in Fort Erie. It was later revealed that a male had attempted to use his vehicle as a weapon to deliberately collide with another vehicle that was being driven by a female. Investigation into the incident revealed that the situation appeared to be a domestic related matter. Charged is a 47-year male resident of Fort Erie. NRPS Wildcats Vs. Washinaton. D.C.. Police- On November 12th, members of the Niagara Regional Police Service Wildcats faced-off against police officers from Washington D.C. in an exhibition hockey game that was held in Chair Larry A. Iggulden, CA. Vice-Chair Doug Martin Members Bob Bentley William Smeaton Larry Tufford Malcolm Woodhouse +++ Board Staff Deb Morton Executive Director Sandi Taylor Executive Assistant Dawn Moses Board Clerk +++ For further information contact: Regional Municipality of Niagara Police Services Board 68 Church Street St. Catharines, Ontario L2R 3C6 Bus: (90S) 685-0321 Fax: (90S) 688-0036 Email: nrpboard@nrps.com Website: www.nrps.com St. Catharines. Admission to the event was free and spectators were encouraged to bring non-perishable food items to the arena for the local "Community Care" food bank. The exhibition was well received and it served as an excellent preparation match for the teams as they prepare for the 2007 Police International Tournament scheduled for March 7 and 8, 2007. The Niagara Region was selected as the host location where it will accommodate over 100 law enforcement teams from both Canada and the United States. NRPS Video Unit - Award of Distinction - On October 27tn, the Niagara Regional Police Service Video Unit was honoured with the "Award of Distinction" for best overall entry into the 2006 Law Enforcement Video Association (LEVA) Shield Awards. The presentation took place at the 1ih Annual LEVA Training Conference in San Francisco. Receipt of this award marks the sixth time in 17 years that Niagara's Video Unit has received LEVA's highest honour. The police training video entitled, Death Notification, was produced for the Ontario Police Video Training Alliance (OPVTA) in conjunction with M.A.D.D. Canada and the Niagara Victim Crisis Support Service. The video is designed to act as a training tool and guide for front line police officers on how to deliver death notifications with professionalism and sensitivity. The video also received the Gold Shield Award for Best Training Program (Policy & Professionalism Category). Two other NRPS projects also received major awards. When Trauma Doesn't Bleed received a Silver Shield Award in the Training: Policy & Professionalism Category, and Anned & Dangerous took home a bronze in the Training: Safety Division. As the lead agency in the Ontario Police Video Training Alliance, the five-member NRPS Video Unit produces and distributes training videos and support materials for an audience of more than 22,000 police officers representing 85 police agencies across Ontario, British Columbia, Manitoba, Quebec and New Brunswick. The Unit has been producing OPVT A videos in conjunction with the Ontario Police College on a non-profit, full cost recovery basis since 1996. Moralitv - Guns; GanQs & Grow Unit - Since its formation in October, the Guns and Gangs Unit has compiled an impressive record. They have executed 5 Search Warrants in St Catharines, Port Colborne and Niagara Falls, resulting in the recovery of 9 pounds of marihuana at an estimated street value of $13,000, and they charged 5 persons with possession for the purpose of trafficking. They have also dismantled 4 marihuana grow operations and charged three people. Mock Crash Site to Launch the "Drive Safe" Proqram On November 8tn, the 2006/2007 version of the popular Niagara Regional Police Service "Drive Safe" Program was launched at Holy Cross High School in St. Catharines. The program entails the joint efforts of the NRPS, the City of St. Catharines Fire Services, the Niagara Emergency Medical Services, CM Niagara; and George Darte's Funeral Home vividly demonstrating the impact that drinking and driving has on the community. The program involves members of the Niagara Regional Police speaking to students and adults from grades 7 and up. In 2005, the highly acclaimed program was presented to 30 schools and over 8,400 people across the Niagara Region. Controlled Forensic Field Sobriety Experiment - On November 6th, the NRPS, in partnership with the Centre of Forensic Sciences, Niagara Emergency Medical Services, Brock University Campus Security Services, and Health Services facilitated a unique and intriguing experiment on impaired driving during the 2006 University Health Fair, which is hosted on an annual basis to promote health and wellness among secondary and post-secondary students within the Niagara Region. A controlled forensic field sobriety experiment test was conducted where pre-selected test subjects consumed a known quantity of ethyl alcohol under supervision. They were then asked to perform a variety of field sobriety tests under the direction of a Qualified Breath Technician. The test subjects also provided breath samples for analysis in forensic breath testing instruments. As a result, spectators in attendance were afforded the opportunity to actively observe the effects of ethyl alcohol consumption on the test subjects, and the option to direct scientific and technical questions concerning drinking and driving to a Centre of Forensic Sciences Toxicologist. CAPB NATIONAL PSB Minute #182. The Board received the November edition of the CAPB National from the Canadian Association of Police Boards, which provides national and provincial news of interest. Subject matter pertinent to Niagara is as follows: Federal Budqet to Deliver More Funds - The Conservative government's first budget is expected to use a combination of new money along with funds diverted from the federal gun registry to hire 1000 RCMP officers. Throughout the conservatives' election campaign, the government also promised to spend $100 million annually to negotiate cost-share arrangements with the provinces to hire more front-line officers. In addition, they promised to provide $10 million to enhance crime victim services and another $10 million to keep young people from joining gangs. Also expected, is the doubling of staff at 139 border crossings where officers work alone and train as many as 3,800 more officers to carry guns. Future initiatives will be reported on as the Federal government releases further budgetary details. FiqhtinQ OrQanized Crime - Canada is currently in the process of entering into an Inter-Provincial Agreement with Manitoba and Quebec to better combat organized crime. The agreement will build on existing partnerships and provide procedures to allow a more effective information sharing practice between the three provinces and the Attorney Generals of Ontario. It is expected that once the agreement is in full affect, representatives from the associated parties will attend annual joint summits to share successes and lessons learned based on major prosecutions and policies and that Volume 5, Issue 11 November 2006 Page #2 collaboration on inter-provincial training to related topics will become common practice. ONTARIO ASSOCIATION OF POLICE SERVICES BOARDS - ZONE 4 PSB Minute #196. The Board received a letter from Mary Anne Silverthorn, Vice Chair, Ontario Association of Police Services Boards, Zone 4, providing the OAPSB Zone 4 membership dues for 2007. The Board approved the payment of the 2007 annual membership dues in the amount of $70.00. NIAGARA CATHOLIC DISTRICT SCHOOL BOARD PSB Minute #192. The Board received Service report 235/2006 requesting consideration toward an updated Protocol to be approved with the Niagara District Catholic School Board. Revisions include references to specific circumstances such as a 'threat assessment' component, pursuantto Board By-law 182-1999. Under the mandate of the Provincial Adequacy Standards, police services across Ontario are required to establish a protocol in regard to school-related occurrences and a partnership with local school boards. As a result, the Service and the Catholic School Board have been working together since 1995. In 2004, the protocol was reviewed and the necessary changes in practices were written into the agreement and it has now been identified that a further update needs to be included in order to enhance the existing partnership. The requested change pertains to the inclusion of a "threat assessment" component that resulted from a two-day training session. The final outcome of the session enabled participants to better identify threat-making behaviour from students within their school environment and to have the ability to respond appropriately to such behaviour by being able to determine the level of threat and evaluate the anticipated likelihood of further threatening behaviour so the appropriate action can be taken. The Board approved the Protocol between the PSB and the Niagara District Catholic School Board. The Protocol will be executed by the Chief of Police. POLICE SERVICES BOARD - 2007 PROPOSED MEETING SCHEDULE PSB Minute #197. - The Board approved the schedule for Board and Committee meetings for the year 2007. Board meeting dates are as follow: January 25th February 2Z'd March 29th April 26th May 24th June 28th July 2~h August 30th September 27th October 25th November 29th December 20th The schedule for committee meetings will be posted on the NRP Net. POLICE SERVICES BOARD'S 2007 OPERATING BUDGET PSB Minute #C.307 - The Board received a memorandum from Deb Morton, Executive Director, providing a proposed 2007 draft operating budget for Board operations. The PSB budget reflects a zero per cent increase over last year's expenditures and reflects changes in accounts to better highlight actual use of funds and to match actual expenditures. The Board approved the 2007 budget for the operation of the Police Services Board in the amount of $750,115.00. PROJECT S.P.I.R.I.T. PSB Minute #193. - The Board received Service report 241/2006 requesting approval to initiate the 2006 phase of the S.P.I.R.I.T. (Supporting Police in Records Information Technology) Project. Initiation of the project will see the development of a new CAD and RMS over a 4-phase period. It will involve the initial introduction of electronic reports, enhanced court systems, enhanced property systems and will ultimately upgrade to a new version throughout the last quarter. Upon consideration of the report and subject to approval by Regional Council, the Board approved the following: 1. The initiation of Project ZP09802, S.P.I.R.I.T. (Supporting Police in Records Information Technology), which gives management the authority to execute the 2006 phase of the project; 2. That a capital expenditure budget of up to $800,000 be allocated to ZP09802 from the 2006 Police Service Capital Expenditure Budget; and 3. Financing to be comprised of the issuance of debenture debt (term 1-10 years). 2007-2009 BUSINESS PLAN COMMUNITY FORUMS PSB Minute #191. - The Board received Service report 243/2006 seeking support to defer all community policing forums that were originally scheduled prior to the holiday season as it was becoming apparent that attendance would be problematic for most. Also noted in the report was that the Ontario Editorial Board has designed a website to assist in seeking the community's input on the Service's long-term facility needs. The site is now accessible at makeitcount.ca. The Board received the report for its information. At this time, no forum dates have been confirmed and an announcement will be made with scheduling commencing in early January 2007. SPECIAL DUTY RATES FOR 2007 & 2008 PSB Minute #199. - The Board received Service report 250/2006 requesting approval of new Special Duty rates for 2007 and 2008. The rates reflected in the report are revised to mirror the 2006-2008 Uniform Collective Agreement. The projected figures show an increase of approximately 6% for 2007 and 3% for 2008 to all Special Duties fees, which are performed on a cost recovery basis. Volume 5, Issue 11 November 2006 Page #3 Subject to approval by Regional Council, the Board authorized the revised Special Duty rates effective January 1, 2007 and effective January 1,2008. REAL TIME X-RAY SYSTEMS PSB Minute #194. - The Board received Service report 242/2006 requesting approval to initiate the purchase of a Real Time X-Ray System. In the latter part of 2005, the Police Services Board approved the inclusion of a $125,000 expenditure for the Service to purchase the appropriate technology to assist members of the Explosives Disposal Unit with various investigations that relate to explosive and/or hazardous related practices. Procurement of the system is being requested to allow materials/objects deemed suspicious in nature to be investigated and analyzed more thoroughly from a safe, remote location. It will also assist with devices that emit a radioactive contaminant while adding several other safety enhancement factors that ultimately contribute to eliminating the dangers that surround the NRPS bomb technicians. The Board considered the request and in recognizing the various benefits approved the following: 1. The initiation of Capital Budget ZP00611, Real Time X-Ray Acquisition Project, which gives management the authority to execute the project; 2. That a capital expenditure budget of $125,000 be allocated to ZP00610 from the 2006 Police Service Capital Expenditure Budget, with financing to be provided by the Police Capital Levy; 3. A transfer of capital expenditure budget of $15,0000 from ZP00610, Remote Mobile Investigator, as well as the related Capital Levy financing; 4. The purchase of the following equipment to provide real time imagery capability to significantly enhance the ability of the NRPS to safety and effectively investigate suspected explosive and hazardous devices that are likely to be encountered in the Niagara Region: . Vidisco FoX-Rayzor Real Time X-ray device with wireless operating system, software and X-ray generators, including a hardened Panasonic Toughbook laptop computer at $93,152.00, and accompanying dual energy system accessory, including software and constant potential x-ray generator at $17,430.00 and a Logos4 digital imaging system at $26,394.00. The total financial impact of this project is $136,976.00. This is an $11,976 increase to the originally projected total Capital Budget project allocation total of $125,000. VOICE RADIO SYSTEM INFRASTRUCTURE AND EQUIPMENT PSB Minute #C.287. - The Board received Service report C.219/2006 requesting approval to initiate a capital project that deals with the NRPS Voice Radio System Infrastructure and Equipment. Initiation of the above-noted project will ensure that the voice radio system is well maintained and that user equipment quantities continue to meet the Service's needs by enabling the purchase of additional voice radio system user equipment, specifically, five specialized mobile radios for the Intelligence Unit. The item is being reported this date for public interest as at the October 2006 Confidential meeting, the Board approved the initiation of the project to sole source additional user equipment from the system vendor, Motorola Canada Limited. Further, the Board approved the purchases of additional voice radio system user equipment in an amount not to exceed $30,000.00. SIU INVESTIGATION - CUSTODY DEATH PSB Minute #C.290 - The Board received Service report C.214/2006 providing the decision of the SIU's investigation as it relates to the custody death of Mr. James Foldi. On July 1, 2005 at approximately 2:30 a.m., the Niagara Regional Police received numerous calls from residents residing on Village Park Drive in Beamsville. Upon police arrival, officers were informed that a male had smashed the window of one of the homes, broke into it and then proceeded to frantically run from house to house banging on doors. . He had sustained an injury to his hand and was bleeding quite heavily. It was perceived by the neighbours that the individual appeared to be under the influence of drugs. The officers searched the area and located the man but he fled from the police and again unlawfully entered another nearby home. Officers pursued him and once inside the home, confronted him. They attempted to place him under arrest, however he was displaying bizarre behaviour and yelling incoherently. At one point, he tried to flee the house through a window forcing an officer to deploy his taser in an effort to subdue him. This tactic proved unsuccessful and the man fled out into the yard. The pursuit continued and officers made further attempts to subdue the male by using pepper spray as well as having to resort to further use of a taser. Officers were unsuccessful in their attempts and the man then fled into a garage and smashed another window using his head. He then began to attack a vehicle with his fists. As the officers continued to subdue him he began to exhibit phenomenal strength. Officers were forced to continue to use a taser while they struggled to handcuff the male. Once handcuffed, the male immediately began to show signs of being in medical distress and he eventually stopped breathing. The officers took immediate action in trying to revive the male by using CPR and calling for an ambulance. The male was transported to the hospital but efforts to revive him were unsuccessful and he was eventually pronounced dead. Pursuant to the provisions of the Police Services Act of Ontario, the Special Investigative Unit (SIU) was contacted and invoked their mandate, which resulted in the commencement of an investigation. On January 31, 2006 the SIU reported its findings to Chief Southall in addition to filing a report with the Attorney General. Special Investigations Unit Director James L. Cornish reported that upon completion of his investigation, he concluded that there were no grounds to believe that any of the officers committed a criminal offence. He further stated that all involved officers were justified in using force to affect the arrest and that based upon expert advise, Mr. Foldi's death cannot be attributed Volume 5, Issue 11 November 2006 Page #4 to the use of the Taser not indeed to the force used by police. The S.I.U. report also indicated that Board may choose to make the subject report available to the public and it was at the discretion of the members of the Niagara Police Services Board, although sensitive in nature, that this option be exercised and that the report be placed on its public agenda. As mandated under the legislation of Section 11 (1) of Ontario Regulation 673/98 made under the Police Services Act, the Board received the report for its information. NRPS VARIANCE REPORT PSB Minute #198. . The Board received Service report 249/2006 providing the financial overview and forecast for both the Service and the Board to October 31,2006. The consolidated variance analysis and forecast for 2006 was based on results of operations for October year-to- date. At this time, no significant areas of concern have been identified. Any future impacts on the achievements of the budget will be reflected in upcoming monthly variance reports and reported on in accordance to their developments. The Board received the report for its information. FUNDING REQUEST NRPS Mounted Unit - PSB Minute #195. - The Board received Service report 244/2006 requesting consideration towards reimbursement to the Friends of Niagara's Mounted Police for repairs and certification to the four- horse personally-owned trailer used by the NRPS Mounted Unit. In 2003, a citizen support group called the Friends of Niagara's Mounted Police (FNMP) was developed to financially assist Niagara's Mounted Officers. The intent of the group is to manage any sponsorship that may come from outside sources for special equipment and to assist with offsetting the operating costs incurred by the officers. However, the group has had considerable challenges in raising funds, being able to provide a small amount of support to the unit nonetheless. Currently, the unit operates with. a four-horse trailer owned by NRP Constable Ron Derksen, which is pulled by his personally owned truck. The trailer was purchased at a personal cost of $19,500 by the officer and displays Service logos in order to maintain and portray a professional public image. In accordance with the Ontario Highway Traffic Act, both Constable Derksen's truck and trailer must be inspected and certified on an annual basis. Upon this year's inspection and certification process, the Friends of Niagara's Mounted Police paid for the maintenance repairs and certification of the trailer. Unfortunately, this act of good will resulted in depleting the FNMP budget, which had been intended for use in other revenue-generating activities such as selling T-shirts. Therefore, it is being requested that the FNMP be reimbursed in the amount of $984.00 in order to allow a recouping of the monies to assist with funding the intended endeavour of the Friend's of Niagara's Mounted Police. Upon consideration of the unit's request, the Board approved a reimbursement in the amount of $1000.00 from the Special Fund. NRPS Pipes & Drums - PSB Minute #201 - Chief Southall verbally advised the Board that the Niagara Regional Police Service Pipes and Drums, an internationally recognized volunteer organization operating under the auspices of the Service, requires replacement kilts. The 30-year-old original kilts are now in an unrepairable state. Further, the group has had a new tartan designed reflecting Regional colours that was recently approved by Regional Council. It is anticipated that the 30 replacement kilts will be ready for their May 2007 30th anniversary celebrations. The Board considered the item as reported by Chief Southall and approved an allocation of up to $60,000 from the 2006 operating budget. ANNUAL REPORTS The Adequacy Standards Regulation requires that police services boards and police services meet minimum standards for what are adequate and effective police services. This provision is a mandated responsibility of police services boards which includes the developing and adopting of approximately 80 performance standards, a vigorous training program, and an ongoing skills development plan. As a minimum, these policies require compliance with both the regulation and guidelines and in addition, provide the Board with reports in order to continually assess compliance. The reporting requirements also assist in future budget processes, business plans, and in assessing the needs of the police service on an ongoing basis. Annual report(s) received this month relate to the following subject matter and were prepared by the noted Service member(s): + Youth Crime PSB Minute #185 Service Report #228/2006 Detective Constable Nadine Wallace Youth Justice Co-Ordinator + Criminal In teiligen ce Unit PSB Minute #186 Service Report #237/2006 Staff Sergeant George Ravenek Intelligence Services + Criminal Investigation Management & Procedure PSB Minute #187 Service Report #240/2006 Detective Constable Kevin Michener Major Crime Unit + Hate/Bias Motivated Crimes & Propaganda Offences PSB Minute #189 Service Report #239/2006 Staff Sergeant George Ravenek Intelligence Services The Board received the reports for information. Volume 5, Issue 11 November 2006 Page #5 BOARD REP Nh ~v_L~,vI19~oo REGIONAL MUNICIPALITY OF NIAGARA POLICE SERVICES BOARD Contents of this report relate to the activities of the Niagara Police Services Board as an outcome of the public meeting held January 25, 2007. This information is made available to members of the police service and interested members of the public. NEXT MEETING Thursday, February 22, 2007 8:30 a.m. PSB Boardroom 110 James Street, 4th Floor St. Catharines. Ontario PSB CHAIR AND VICE-CHAIR ELECTIONS PSB Minutes #1 & 2. - Section 28(1) of the Police Services Act states: The members of a board shall elect a chair at the board's first meeting in each year. It goes on to read: The members of a board may also elect a vice-chair at the first meeting. The Board considered its requirement to elect a chair and vice chair however, due to pending confirmations of the Board's civilian appointee and one provincial appointee the item was deferred to the February 22, 2207 public meeting. NRPS PROMOTION - INSPECTOR D'AMICO PSB Minute #4. - The Board received Service report 19/2007 dated January 15, 2007 providing formal introduction to NRPS Inspector Daniel D'Amico, newly promoted effective December 17, 2006. Inspector D'Amico has been assigned as Officer-in-Charge of Project SPIRIT. Chief Southall introduced Inspector D'Amico's wife, Leanne, his sons Braden and Reilly, and his parents, Mike and Norma. The Chief then outlined the Inspector's significant contributions to the Service and the community over his twenty-one year career. Deputy Chief Beaulieu further supported the contributions of the 'police professional' to the positive evolution of the Service, noting Inspector D'Amico's continuing hockey prowess in the NRPS in-house league. Chair Iggulden, on behalf of the Board, expressed congratulations to Inspector D'Amico and his family, noting that those at the rank of Inspector will be important leaders in the future of the Service, and he wished Inspector D'Amico continued success and safety. REPORTS FROM THE CHAIR OF THE BOARD Chair Iggulden reported on the following: OAPSB/OACP Zone 4 Meetina - The Ontario Association of Police Services Boards and the Ontario Association of Chiefs of Police will hold their quarterly zone meeting in Norfolk County on Tuesday, February 13, 2007. REPORTS FROM THE CHIEF OF POLICE Chief Southall reported on the following: 2007-2009 Business Plan - The internal and external forums, with the exception of the Town of Fort Erie, have been completed as the first phase of the 2007-09 Business Plan. The Fort Erie forum has been rescheduled to be held at the Town Council session on February 12, 2007 with the planned break-out sessions, all of which can be viewed through the Cogeco coverage. The Chief thanked the Board members who have attended the sessions, noting all have gone well. The attendance numbers are far better than the previous business plan process, with extremely beneficial sessions and accompanying good press. The results of the forums will be summarized after the Fort Erie session, and it is anticipated both the business plan and the budget will be completed by the end of March. Marijuana Grow-Ops - The '1,000 Officer' grant implementation with the deployment of members to the Intelligence Unit to meet the grant requirements has had a positive impact on the 2006 estimated street value total of $7,384,350 of seized marijuana plants. The 2007 statistics to January 25 are as follow: Estimated street value seized $1,064,000; Estimated value of equipment seized $35,000. Statistics - Homicides. Robberies & Traffic Fatalities Statistics for 2007: Homicides... ... ... ... .0 (2006 - 4); Robberies............ .17 robberies with 29% cleared; Traffic Fatalities... ...2 (2006 - 3). R.I.D.E. Statistics - RIDE spot checks were conducted at various locations throughout the Region during the 2006 holiday season with 7,091 vehicles stopped, 379 roadside tests conducted, 87 12-hour licence suspensions and 26 arrests. Special Enforcement Unit - The NRPS Special Enforcement Unit has been implemented with a focus on traffic enforcement. An update will be presented at the February Board meeting. PSB Chair Larry A. Iggulden, C.A. PSB Vice-Chair Doug Martin PSB Members Bob Bentley William Smeaton Larry Tufford Malcolm Woodhouse +++ PSB Staff Deb Morton Executive Director Sandi Taylor Executive Assistant Dawn Moses Board Clerk +++ For further information contact: Regional Municipality of Niagara Police Services Board 68 Church Street Sf. Catharines, Ontario L2R 3C6 Bus: (905) 685-0321 Fax: (905) 688-0036 Email: nrpboard@nrps.com Website: www.nrps.com Task Force Inspects Licenced Establishments - On December 29, 2006, a multi-agency task force conducted inspections of numerous liquor licenced establishments within the City of Niagara Falls. The Task Force consisted of members of the Alcohol and Gaming Commission, the Canada Border Service Agency, and the Niagara Regional Police Service. Two establishments were issued "warnings" due to a minor infraction at each location, and two males were arrested for being intoxicated in a public place after leaving a licenced establishment. Sudden Death in Fort Erie - On January 20, 2007, a passerby discovered the body of a 38-year-old male in a field approximately 100 metres south of the OEW roadway near Gilmore Road. The deceased male's vehicle was later discovered in a ditch near Bowen Road and the OEW. A post mortem exam has concluded the cause of death was determined to be hypothermia: foul play is not suspected. Officers of 5 District CIB are continuing the investigation into the sudden death, while the OPP continue to investigate the collision. Former Winery Emplovee Charaed in Larae Scale Fraud - On January 5, 2007, a former female Andres Wines employee was arrested and charged with a number of fraud-related offences committed between June 23, 1994 and July 27, 2005, while she was employed by the company as an accountant. The offences relate to the unauthorized transferring of large sums of money to a bank account in the United States. Investigators were assisted by the U.S. Justice Department and the Canadian Department of Justice in consultation with the local Crown Attorney's office. The fraud is valued at over $7.4 million and is believed to be among the largest financial fraud cases ever investigated by the Niagara Regional Police Service. PSB COMMITTEE REPRESENTATION PSB Minute #25. - The Board considered a memorandum from Deb Morton, Executive Director, requesting confirmation to the Board's committee structure for 2007. The Board operates with a system of Standing Committees centered on the four main aspects of the Board's areas of interest. Operating within the four main committees are 18 sub- committees. The sub-committees are issue oriented and while some operate over a number of years, others conclude their mandate when the issue is resolved or brought to an end. In consideration to the pending memberships of two Board appointments, the Board deferred the item to its February 22, 2007 meeting. MEMBERSHIP RENEWAL - CANADIAN ASSOCIATION OF POLICE BOARDS PSB Minute #24. . The Board considered a memorandum from Deb Morton, Executive Director, requesting the Board renew its membership at a cost of $3,500 to the Canadian Association of Police Boards (CAPB) for the year 2007. The Board approved the renewal request enabling its continuation to be active in its membership to the CAPB throughout 2007. CAPB NATIONAL PSB Minute #6. - The Board received the December 2006 edition of the CAPB National from the Canadian Association of Police Boards providing boards with national and provincial news of interest. Subject matter pertinent to Niagara follows. Armed Border Guards - According to Public Safety Minister Stockwell Day, over the next decade it will cost Canada over one billion dollars to arm guards at land border points. Funding will also assist with weapons training and the hiring of 400 new officers to augment the 4,800 already on duty at land border points. Chief Southall commented on this issue as Niagara is unique in its border policing requirements. Member Bentley suggested it might be an opportune time to raise this matter as well as other border issues with our local area Members of Parliament. Child Pornoaraphv Sites Get Blocked - Cybertip.ca has launched Project Cleanfeed Canada. The newly developed program is designed to stop Internet users from viewing child pornography online. Some of Canada's largest Internet service providers are joining forces with a national child exploitation tip line to clock access to a list of 500 to 800 websites, which are accessed both unintentionally and intentionally. Bell, Rogers, Shaw, SaskTell, Telus, Videotron and MTS Allstream are among the list of providers that will be involved in the operation of the program. On-going updates to the lists of blocking sites will be made as the operations of the program continue. Vehicle Related Crime Prevention - British Columbia is putting new technology to the test. Four of Vancouver's police cruisers have been equipped with a camera and a computer database system that's capable of reading a license plate and comparing it to information that relates to stolen vehicles, prohibited drivers, and unlicensed or uninsured drivers. Early results found that in one hour 600 images were captured and found approximately one hit for every 60 plates. Of those hits, nine percent were associated with stolen vehicles, seven percent to prohibited drivers, 25 percent to unlicensed or uninsured vehicles and 59 percent to unlicensed drivers. Updates on the success of the pilot will be provided as received. Seaways Pilot Proiect in London. Ontario - In October 2006, Ontario's Transportation Minister announced the launching of a five-year pilot project to allow individuals facing mobility challenges the right to operate segways, two-wheeled electric scooter-like devices, on London's roads and sidewalks. The test project will be monitored and reported on as it progresses. Volume 6, Issue 1 January 2007 Page #2 18th Annual Meetina and Conference - The CAPB is hosting its Annual Meeting and Conference in Calgary, Alberta from August 18 to 20, 2007. Keynote speaker Gordon Graham, who has received international acclaim as an expert on Organizational and Operational Risk Management, will illustrate that things that go wrong are predictable and predictable is preventable. The theme will focus on elements of risk for police commissions and boards in legal affairs, recruitment and retention, communication, health risks, use of force, and much more. ONTARIO ASSOCIATION OF POLICE SERVICES BOARD PSB Minute #7 ~ - The Board received the December 2006 issue of the OAPSB Bulletin Board providing policing information relative to civilian police governance in Ontario. Some items reported on are also reflected in the newsletter issued by the CAPB. Additional items of interest relate to the following topics: Action Announced to Deal With Drua-Imoaired Drivina - Upon introduction of the upcoming legislation that will be introduced to tackle drug-impaired driving, proposals will be made to provide police with more tools to detect drug-impaired drivers, to increase associated penalties, to strengthen presumptions of breath and blood tests and to promote awareness with associated community partners. Chief Southall highlighted this article and informed the Board that as a result of this proposed legislation, associated costs are reflected as part of the NRPS 2007 current budget. Bill 14 - Access to Justice Act - leaislative Uodate - In January 2006 the Board received for its information a memorandum from the Regional Municipality of Niagara providing an update on the Access to Justice Act -2005. It noted that due to the wide spread of concern raised by community stakeholders in the Provincial Offences Court System in regards to the shortage of provincially appointed Justices of the Peace, the provincial government responded to the expressed concerns through the introduction of the Access to Justice Act, 2005. The Act is now in full affect as it passed its Third reading in the Legislature on October 19, 2006. Vice-Chair Martin noted that approval to reform the Justice of Peace system was a direct result of the lobbying efforts made by the OAPSB during its annual Queen's Park Day event. Member Bentley cited a recent example involving a case in Hamilton involving hundreds of thousands of dollars that was tossed out of court due to an "unreasonable delay" because no judges were available. This Act is one of the actions the provincial government is taking to address the problems that exist in the judicial system. Domestic Violence Communications Checklist - In December 2004, Premier Dalton McGuinty announced the Ministry of Community Safety and Correctional Service's commitment to undertake a number of initiates as they relate to domestic violence through the implementation of its Domestic Violence Action Plan. One initiative involves evaluating the Model Police Response to Domestic Violence (MPRDV) in police services across the province to ensure that policies and procedures are implemented appropriately and required improvements are made. Identified in the evaluation was the need for information to assist and support 911 call takers and dispatchers to fully assess the nature of the emergency being reported and to provide valuable information to police officers upon their responding to domestic violence calls for service. In late October the Ministry released the Domestic Violence Communications Checklist and it is now being provided to each pOlice service in the province for use by all 911 call takers and dispatchers. OAPSB 45th Annual Meetina and Conference - The OAPSB will be hosting its 45th Annual Meeting and Conference entitled, "The Road Ahead" from May 3 to 5, 2007 at the Bayshore Community Centre in Owen Sound, Ontario. NIAGARA PARKS POLICE - QUARTERLY REPORT ON SPECIAL CONSTABLES PSB Minute #8. - The Board considered Service report 17/2007 from Mr. John Kernahan, General Manager, Niagara Parks Commission, providing information pertaining to complaints, use of force, discipline and arrests for the period October 1st to December 31St, 2006 as they relate to NPP officers designated as Special Constables. It was reported that throughout the NPP's fourth quarter of operations there were no complaints of inappropriate conduct or disciplinary matters and two incidents where a Use of Force option was used by a member. The first incident related to an officer discharging his firearm to destroy an injured animal and the other related to pepper spray being administered when an intoxicated male became combative. Additionally, one discipline matter was dealt with relating to the conduct of an officer during a paid duty. The incident resulted in the member being given a letter of reprimand and restricted from performing pay duties at a specific location. Further, a joint total of seven (7) arrests were made under the Criminal Code, the Mental Health Act and the Trespass to Property Act. POLICING STANDARDS UNIT - STATISTICS PSB Minutes #12 & #13. - The Board received Service reports 1/2007 and 2/2007 advising that the Service's Policing Standards Unit is responsible for investigating alleged misconduct that is reported by a member of the public. In order to maintain compliance with the Provincial Adequacy Standards Regulations and to comply with Board By-Laws, the unit is required to submit quarterly statistical reports detailing the nature of complaints received. For the period July 1 to September 30, 2006, the Service received no policy/service complaints and 17 officer conduct complaints. From October 1 to December 31, 2006 the Service received no policy/service complaints and 25 officer conduct complaints. Upon discussion of the report the Board asked if there were any items and/or issues of concern. Chief Southall advised that overall she was extremely pleased with the Professional Standards unit and noted that total conduct complaints have decreased by 26% while the number of complaints withdrawn was reduced by 42%. R.I.D.E GRANT PROGRAM PSB Minutes #18. - The Board considered Service report 24/2007 requesting approval of Schedule B, Interim Financial Status Report, for the required 2006-2007 R.I.D.E. Grant submission to the Ministry of Community Safety and Correctional Services. In June 2006, the Board entered into agreement with the Ministry resulting in the allocation of $20,692.11 to the Service. The Board authorized its Chair to execute the required documentation and the submission of the interim report to the Ministry. Volume 6, Issue 1 January 2007 Page #3 2007 INTERIM SPENDING APPROVAL PSB Minute #27. - The Board received a copy of Regional Report CSD 08-2007 prepared by Richard Bendell, Financial Analyst, RMON, as confirmation of Regional Council's approval, that in the absence of an adopted 2007 Current and Capital Budget, Regional Departments, Boards, an Agencies are permitted to incur costs for 2007 operations prior to approval of the 2007 budget, pursuant to the Municipal Act of an interim levy equivalent to 50% of the prior year's budget. The purchase of capital items designated as new capital rather than the continuation of an existing project are to be excluded from the above restriction. POLICE SECURITY COSTS PSB Minute #28. - The Board received a letter from Peter Partington, Regional Chairman, responding to a request made by the Police Services Board in March 2006 when the Board approached the Region seeking reimbursement to the Niagara Regional Police Service for policing costs directly associated with providing services to the POA Courts. It was proposed that the Service be reimbursed on a cost-recovery basis to offset the approximated $200,000 that is incurred by the NRPS on an annual basis. Chair Partington's letter provided the Board with the related Corporate Services Committee's recommendation approved by Regional Council at its January 18, 2007 meeting. The Joint Board of Management Resolution reads as follows: "That the Joint Board of Management Niagara Area Courts, having reviewed the request of the Police Services Board regarding police security costs related to the POA courts, maintain its position that, pursuant to Section 137 of the Police Services Act, costs for the provision of court security to Niagara's Provincial Offences Courts is the responsibility of the Regional municipality of Niagara Police Services Board; and That the Joint Board of Management is not prepared to support the payment of these costs or of POA revenue; and That it be recommended to the Corporate Services Committee that the Manager, Court Services, be directed to prepare a letter, for the Regional Chair's signature, to be sent to the Police Services Board advising of the Joint Board of Management's response." Chief Southall advised the Board that she will be monitoring police costs in 2007 and that she anticipates an increase in POA revenue in comparison to 2006. The Board received the item for information. 2007 NRPS CAPITAL BUDGET AND 9-YEAR FORECAST PSB Minute #16. - The Board considered Service report 36/2007 providing information relative to the Police Service capital budget for 2007 and the 9-year capital forecast. Further to the report contents, Chief Southall provided the Board with an overview of the Niagara Regional Police capital budget and highlighted each project from the proposed 2007 capital program. She provided a brief explanation and identified potential risks associated with each project. With respect to the police accommodation strategy, Chief Southall introduced a phased facilities forecast to be completed over a three-year term. Phase I includes central property and evidence, central courts, #1 District (St. Catharines), #2 District (Niagara Falls), #5 District (Fort Erie), and #8 District (Grimsby). She noted that a phased approach would provide flexibility for the Service to move forward starting with a cost-benefit analysis of police facilities. At that stage, options ranging from status quo to amalgamation can be explored. Member Smeaton expressed concern about the potential closing or relocation of #2 District in Niagara Falls. He advised the Board that while he supports the process for investigation he strongly opposes the potential closure of a significant policing facility in the Region's tourism core. Chief Southall anticipates that a decision with respect to separate or combined facilities for #1 District (St. Catharines) and #2 District (Niagara Falls) to be made in early springllate summer 2007. At that time, an operational recommendation will be presented to the Police Services Board for its consideration and public debate. Chief Southall indicated that she has met with local Members of Provincial Parliament to discuss funding opportunities for police facilities in Niagara through Infrastructure Ontario. The Province recently extended its OSIFA Loan Program to provide financing for local police buildings, by providing affordable loans to build and renovate local police infrastructure. She is hopeful the Province will support NRPS facilities. After a lengthy discussion, the Board agreed that as part of a due diligence process, it will investigate all options and see what the "real" costs are. It will consider communication and education of the general public, gathering functional data to foster an understanding of the police budget, as well as considering the functionality of the service, residential demands on service and deployment costs of each. The Board's decision will be based on a review of factual information and analysis to ensure policing services meet the needs of the community it serves. The Board noted that funding must be determined for submission to the Region to continue with the process. Upon consideration of the matter and subject to approval by Regio~al Council of the consolidated Capital Budget, the followmg be approved with regard to the 2007 Police Service Capital Budget and forecast, the Bboard passed the following motion: "A total Capital expenditure budget for the projects in the 2007 Police Service Capital Program of up to $28,150,000; Capital financing for the 2007 Capital Program to be comprised of transfers from the Police Capital Levy Reserve and Vehicles and Equipment Replacement Reserve Fund of $1,455,000 and $1,100,000 respectively, and debenture financing of $25,595,000, with allocations by project as indicated on Appendix 1; and That the Capital Forecast be received as a guideline for the development of future Capital Budgets." 2007 NRPS CURRENT BUDGET PSB Minute #17. - The Board considered Service report 37/2007 providing the 2007 Police Service and Board consolidated current budget. Chair Iggulden highlighted the 2007 budget impact. He stated that the proposed total net expenditure budget increase is 5.66%. There has been a reduction in revenues of approximately $1.5 million or 1.47%, which brings the total Volume 6, Issue 1 January 2007 Page #4 gross expenditures to 4.19%. The NRPS request for program changes equate to 0.57% and primarily relate to Project SPIRIT. The non-discretionary costs are 0.43% with the personnel costs before program changes at 3.19%. Chief Southall provided an overview and highlighted total program changes of $585,000, which are largely a result of Project SPIRIT. She also indicated an additional $10,000 has been earmarked for a Regional social marketing plan to address traffic/road safety initiatives. Chief Southall identified various risks and opportunities in 2007. Some of the most significant challenges noted were related to disability management, the impact of retirements, civilian job evaluation process, transition of SPIRIT, and various investigative issues involving task forces, special projects and emerging issues with child abuse and youth crime. However, she indicated there were an equal number of opportunities for efficiencies and a realignment of resources through the Special Enforcement Unit, use of temporary employees, attendance support program, Project SPIRIT, and facilities. The Board expressed concern about the ongoing liabilities in personal costs as a result of attendance management issues and related overtime costs. Chief Southall advised that this matter would be dealt with as part of a separate report to the Board on this issue. It was noted that the Region has set a target of a 3.5% net budget increase. However, the Service differs in comparison with other Regional departments, as the police do not have revenue increases as a potential source for budget reduction. Chief Southall distributed a schedule of expenditures showing a comparison of the 2005 actual budget to the 2006 year-to- date (as at November 2006) forecast. The Board expressed concern about approving a budget until the actual year-end numbers were known. Chief Southall advised that the actual year-end report should be available through the Region in early February 2007. Upon consideration, the item was tabled for future discussion. A special Public Board Meeting has been arranged for Thursday, February 8, 2007 at 11 :00 a.m. in the PSB Boardroom at 110 James Street, St. Catharines, to continue budget deliberations. R.I.D.E. PSB Minute #16. - The Board considered Service report 24/2007 dated January 4, 2007 requesting authorization to execute the required R.I.D.E. grant interim report to the 2006 provincial grant. The Board reviewed the report and authorized its Chair to execute the interim financial status report, Schedule B, to the 2006-2007 R.I.D.E. Grant and forward same to the Ministry of Community Safety and Correctional Services as required. NRPS DIVE VAN BODY FABRICATION - FOLLOW UP REPORT PSB Minute #19. - At the December 13, 2006 meeting, the Board deferred the item that related to an Award of Tender to Weldexperts Inc. for the replacement of the existing dive van body unit. The Board requested that the Service review the RFP Process and tender award recommendation to ensure the objectivity and integrity of the purchasing process, fairness between bidders, maximization of savings for taxpayers, and the recommendation to obtain best value for the purchase of the Dive Van Body Unit. At the January 25, 2007 meeting, the Board received Service report 20/2007 providing the above-noted request for information and as a result of the report findings, the Board received the report for information and approved the returning of the RFP. NRPS 2007 VEHICLE REPLACEMENTS PSB Minute #20. - The Board considered Service report 18/2007 requesting approval to initiate the Service's vehicle replacement capital project. The 2007 vehicle replacement schedule estimates a need to begin replacing 41 units. It is being requested that 18 Marked Uniform Police Cruisers; 10 Plain clothes CIB sedans; and 2 senior officer plain sedans be replaced at this time and the 11 additional vehicles to be replaced by vehicles appropriate for investigative and administrative purposes, at a later date as per the Board's appropriate approval process. While discussing the item, Member Bentley questioned the use of alternate options to offset fuel costs, including the types of vehicles used and alternate fuel sources such as diesel. With respect to police vehicles, Chief Southall advised that vehicles must meet required "police package" standards. However, she indicated that as a "pilot project", the Service would consider the use of a diesel type or gasoline/electric hybrid vehicle for administrative purposes. The Board considered the report and approved the follOWing: The initiation of Capital Project ZP00701, Vehicles, in an amount up to $1,100,000 to be funded with the Vehicle and Equipment Replacement Reserve funds; The purchase of seven (7) Ford Crown Victoria Police Cruisers from the Police Purchasing Cooperative Tender at a total cost of $195,818.00 plus applicable taxes; The purchase of twenty-three (23) Chevrolet Impalas for uniformed, investigative and administrative purposes from the Police Purchasing Cooperative Tender at a total cost of $533,051.00 plus applicable taxes. NRPS IT EQUIPMENT REPLACEMENT PSB Minute #21. - The Board received Service report 22/2007 requesting approval for the purchasing of equipment pursuant to the Service's current replacement schedule as per the agreement arranged by the Region of Niagara. The Board considered the report and approved the following: The initiation of Project ZP00705, IT Equipment Replacement, with a capital expenditure budget of up to $500,000.00 and financing for the project to consist of Police Capital Levy approval of up to $500,000.00; To purchase from HP Canada the storage hardware listed in the attached quote #CAN-79182-01 in the amount of $11,918.45 plus applicable taxes from funds allocated in ZP00609 IT Equipment Replacement; and To purchase from HP Canada the HP MSL 6000 Ultrium 960 Tape Drive and Support listed in attached quote CAN-794490-01 in the amount of $9,785.10 plus applicable taxes. Volume 6, Issue 1 January 2007 Page #5 NRPS NETWORK UPGRADES PSB Minute #22. - The Board considered Service report 25/2007 requesting approval to purchase replacement equipment for the Service's core network switch. In 2000, the Service installed the Nortel Ethernet Routing Switch 8600 to serve as the heart of the NRP's network. Currently, two of its processing units that provide all the logic and processing power are at their 'end of life' existence. It is now necessary to replace both units in order to maintain network availability to crucial emergency service applications on a 24/7 basis. The Board considered and approved a quotation from Net Cyclops Inc. in the amount of $27,736.40 plus applicable taxes for the purchase of the two required central processing units. 2007 ANNUAL AWARDS CEREMONY PSB Minute #23. - The Board received Service report 3/2007 notifying members of the annual NRPS Awards Ceremony scheduled for May 31, 2007. The event will recognize citizens and police service members who have been recommended for commendations and also formally acknowledge long-serving members. ANNUAL REPORTS The Adequacy Standards Regulation requires that police services boards and police services meet minimum standards for what are adequate and effective police services. This provision is a mandated responsibility of police services boards which includes the developing and adopting of approximately 80 performance standards, a vigorous training program, and an ongoing skills development plan. As a minimum, these policies require compliance with both the regulation and guidelines and in addition, provide the Board with reports in order to continually assess compliance. The rep~rting requirements also assist in future budget processes, busmess plans, and in assessing the needs of the police service on an ongoing basis. Annual report(s) received this month relate to the following subject matter and were prepared by the noted Service member(s): ./ Elder and Vulnerable Adult Abuse PSB Minute #9. Service Report #32/2007 Detective Constable Debera Smith Elder Abuse & Vulnerable Adult Coordinator ./ Stolen or Smuggled Firearms PSB Minute #10. Service Report #33/2007 Staff Sergeant George Ravenek Intelligence Unit ./ Collection, Preservation & Control of Evidence & Property PSB Minute #11. Service Report #26/2007 Detective Sergeant Greg Hyatt Forensic Services Unit POLICE COMMENDATIONS The Board would like to recognize the following members and commend them on receiving a Chief and/or Commander's ~ommendation for the following related incidents, which dIsplayed exemplary service within the community: Chief of Police Commendations Personnel Order 703/2006 - Special Constable Dennis Tessmer for his actions taken on October 16, 2006 during an incident involving the apprehension of two males who had committed a theft at the Fairview Mall in the City of St. Catharines while possessing a vehicle that was stolen from the Hamilton area on October 5, 2006. Special Constable Tessmer is commended on the initiative he took to assist Niagara Regional Police officers with the successful apprehension of two felons who had committed several serious robbery offences. By recognizing the suspect vehicle and choosing to pursue it in a safe and discreet manner, all the while alerting available units and dispatch of their whereabouts, his involvement made two arrests possible and prevented any further victimization by the individuals. Personnel Order 668/2006 - Sergeant Rick Berketa; Detective Constable Chris Healey and Constables Andrew Knevel, Brian Essery, and Carl Cook for their actions taken on February 2 and 3, 2006 during an incident involving three robberies that occurred in the City of Niagara Falls. The unified efforts displayed those of conscientious officers. Each is commended on their team-working abilities. Together, they were able to bring to close a case that involved the arrest of a dangerous individual who brought great risk to his victims. The team effort practiced during this incident is commended as it resulted in the arrest of the suspect and ended an ongoing series of robberies. Commander's Commendations Personnel Order 21/2007 - Constables Cathy Edgecombe, David Schaefer and Jack Warner for their actions taken on June 17, 2006 during an incident involving the arrest of a male wanted on an outstanding warrant. The effort put forth by these officers while attempting to locate a wanted individual who was known to police as a carrier of contagious diseases, and who had brandished a tainted hypodermic needle at a fellow police officer just the day prior is commended. To serve and protect is something that these officers do for the citizens of Niagara on a daily basis however, in circumstances such as this that practice stands true for their fellow officers as well. It is gratifying to see actions of such unity being brought to the forefront for the ultimate purpose of keeping the citizens of Niagara safe within their community. Personnel Order 20/2007 - Constables Michael Clark and Brad Swan for their actions taken actions taken on October 21 2006 during an incident involving the apprehension of tw~ suspects responsible for setting fire to a vacant residence in the Town of Fort Erie. The perseverance that was practiced throughout this incident resulted in the arrest of two dangerous individuals. Had it not been for the ability for Constable Clark and Swan to act instinctively and keep a watchful eye on the suspects, the residence to which the suspects set fire to may have been destroyed beyond repair and endangered the safety of the families living within a close proximity. Each officer is commended on his keen judgment for it prevented this incident from ending tragically. Volume 6, Issue 1 January 2007 Page #6 ISSUE 3 January 2007 ......... NIAGARA p. EN INS U LA ~.1 CONSERVATION ~A U THO R I T Y This is the third newsletter regarding the Fort Erie Creeks Watershed Plan. The next PublicMeet,ing~I~:,> scheduled for Tuesday, February 6, 2007-see details on Page 4..." ". STUDY UPDATE The first three phases of the Fort Erie Creeks Watershed Plan have been completed, namely: the Watershed Background Characterization phase, the Issues Identification phase, and the development and selection of Watershed-Wide Management Actions. The last two phases include: the development of Locally-Specific Management activities, including, prioritized actions for each subwatershed in the study area; then taking the prioritized actions and creating an implementation plan, i.e. the "who does what, when, and how is it funded". The next step in the study process is Workshop #3, where the Public, Agency representatives, and the Study Team will discuss the locally-specific actions and the implementation plan. More details on the Workshop can be found on Page 2. After the Workshop, the Study Team will present a draft Final Report to the Technical Steering Committee, and this will then be presented to the general public at the final Open House in the Spring. /v~ t ',.,~~~ 'l>/V€ Ij SOME WATERSHED STATISTICS The Fort Erie Creeks Watershed Plan study has identified: . 176 km2 of land (approximately 40 ha urban) . 8 major watercourses and 11 subcatchments . over 155 distinct watercourse reaches through field survey (approximately 95 km in total) . 86 culverts and bridges surveyed . approximately 45 wetlands (2900 ha +/-) . approximately 286 woodlots (4100 ha +/-) New Regulatory floodplains have been derived for four creeks (Baker, 'Miller, Kraft, Six Mile), and added to three updated existing floodplains (Black, Beaver and Frenchman's). Page 2 FORT ERIE CREEKS WATERSHED PLAN ISSUE 3 January 2007 WATERSHED PLAN PROCESS Preparation of a Watershed Plan relies on the characterlzation of the watershed area, together with an assessment of ptannedland use and associated impacts of developm"ent, in order to create a plan that will enable ~hepubtic and agencies to protect, enhance, and restore the naturatresourcesof the watershed. Thef'ertE;rieCreeks.Watershed Plan has received input 8ndsopport:fromthe review of agencies and area sta~tltl<Jlc:iEJr$.thfOUgh focussed workshops held to di~ss;thQare.tsresources, issues, and opportunities. "T'~El.....Watersfled......Plan will establish watershed-wide ~~$el"d,obj~iVesithat are related both directly and ,,_~y-,~'(),",:_.tilg-Municipal, Provincial and Federal t'~~".~...~am$. ", ~..- - '- " -.. . -.' ,- . ,,' .' '. . -,' - --, '_;i~~t:'-\M:i'tt'l)beWatershed Plan process has '~I,~nt.. ..01. each of the individual - . .:.},_~Ck'>Creek, . Beaver Creek, Baker "":.. "f"'cbmanJs Creek, Niagara River _>./.~i 'Lake Erie shore, Kraft Drain, -~~),__~iXMt1e Greek) with respect to 'd. ,H. :~9pportunities. WORKSHOP #3 Public input is important in the planning process. To-date, over 50 people have attended the first two workshops, and have provided valuable input to help guide the study process. The last workshop is scheduled for February 6, 2007, at which time the alternative local management actions will be discussed, along with the proposed implementation plan. We hope you will join us at the workshop to add your voice to the Watershed Plan. As in previous sessions, all members of the public are invited to the public workshop and those who attended the previous workshops will be invited to return and continue to contribute to the watershed plan. FORT ERIE CREEKS WATERSHED PLAN ISSUE 3 January 2007 Page 2 J ...,".' The figure above presents some of the actions proposed for the Miller Creek :$Ubwat.~.' identified within the Fort Erie Creeks Watershed Plan. . ........ ':':"tl4; The recommendations have been divided into three broad categories:t~..:'thI).t:Jn~,' watercourses, and natural heritage systems. Each of the recommem::led'aCtto,~~~(, priority, based on a rating derived by the Study Team and agencies. :.,.,. , The following actions are representative of others recornm$ndationSth~L,.;,:" study area. ' . , . , '." ,-! For stormwater management, all new development is requiredtocont~}~:I proposed development. Stormwater quality impactsmustalsobe,' ,: management practices such as constructed wetlands. and . ponds. :.. .~.'.~~: stormwater management at current standards, the opportunity forre.ttf>flt:C",::.:'.. drainage systems is proposed to be investigated. " ., Several of the study area watercourses are exhibiting $rosionoftheb~'",";:.i:. potentially elevate the level of scour, and therefore must bernitigate~.: ' , from in-stream weirs and ponds are resulting negativeimpaotsonbqtfl. these have been recommended to be remediated. The natural heritage system (flora and fauna) is prop()sedtoeith:er:Q!" health of the existing habitat, and potential for Unkage$~onei~', ..' wetlands and woodlots are proposed to be protectedJaM",w;' managed in such a way as to increase the overattnatunlt:s_t~., su:~~~:~~~:~~:;~~ ~~:~~~U~;~ES" 'II MILLER CREEK II KEY PLAN NIAGARA RIVER * ~~~~A~r~~D f)()TENTIAl 0" STRUCT\.iRE: ~RTDPS UNDER REGIJLATOR:Y FLOOD REWVE ONU~E PONO IN REACH t4..C.7 =~~':~~W::OT:~~~~ .. =~=~~~~K)N . =VCLl~GesTOEPAAT ~___. __._~~~~~~~;~~KER MILLER CREEK SUBWATERSHaED GET INVOLVED! Your involvement in the planning process is encouraged. Your input will help identify opportunities that are important to you. A contact _list has been developed for the study. Those on the list receive copies of newsletters and notifications of all public meetings. If you would like to be added to the list please contact either of the persons listed below. Information about the Fort Erie Creeks Watershed Plan Study is also available at the Niagara Peninsula Conservation Authority, local municipalities and libraries. You may also visit: www.conservation-niaaara.on.ca for more information. JOIN US AT THE THIRD WORKSHOP DATE: Tuesday, February 6, 2007 TIME FOR WORKSHOP: 7:00 p.m. to 9:00 p.m. lOCATION: Fort Erie leisurePlex Banquet Facility, 3 Municipal Center Drive, Fort Erie, ON **PlEASE NOTE: In the event of inclement weather the event will be re-scheduled to Tuesday, February 13, 2007 from 7:00 p.m. to 9:00 p.m.-location will remain the same. The schedule for the final public meeting will be provided in future newsletters and posted on the Niagara Peninsula Conservation Authority website. ADD YOUR VOICE! To share your ideas or if you have a question or comment about the Fort Erie Creeks Watershed Plan Study and if you wish to be added to the mailing list please contact: Suzanne Mcinnes, MCIP, RPP Watershed Planning Coordinator Niagara Peninsula Conservation Authority 250 Thorold Road West, 3rd Floor Weiland, ON L3C 3W2 Phone: 905-788-3135 Ext. 235 Fax: 905-788-1121 email: smcinnes@conservation-niagara.on.ca Ron Scheckenberger, M. Eng., P. Eng. Watershed Plan Project Manager Philips Engineering 3215 North Service Road, Box 220 Burlington, Ontario, L7N 3G2 Phone:: 905-335-2353, Ext. 1222 Fax: 905-335-1414 e-mail:rscheckenberger@philipseng.com