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2007/03/30 - Regional Council Information *for period ended March 30, 2007* *Regional* 1. Capital Budget Allocation Storm Sewer Cost Sharing 2. Vineland Renaissance Project 3. POA Guidelines 4. Conservation Authority Fees 5. On-line Municipal Immigration Information 6. Roy T. Adams Humanitarian Award Nominations 7. Smart Gardening Seminars 8. Regional Council Highlights 9. Police Services Board Highlights Niagara.. Region Office of the Regional Clerk 2201 51. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel: ~8GsIWR#.~riO'i'~&~-7215 Fax: 905-687-4977 www.regional.niagara.on.ca March 2, 2007 Our Ref.: PPW 3-2007, February 21, 2007 PWA 32-2007 C.02.0040 Mr. Dean lorfida City Clerk City of Niagara Falls 4310 Queen Street Niagar Falls, Ontario L2E 6X5 Dear Mr. lorfida: Capital Budget Allocation for Storm Sewer Cost Sharing Program Proiect 10 ZRC0603 Please be advised that, at its meeting of March 1, 2007, Regional Council approved the Capital Budget Allocation for Storm Sewer Cost Sharing Program, Project ID ZRC0603. We have enclosed a copy of this report for your records. Yours truly, ~o~ Regional Clerk Ibs c: I. Neville, Commissioner of Public Works M. Roach, manager Public Works Financial Services H. Kaas, Capital Analyst Building Community. Building Lives. " ( c c ':' PWA 32-2007 CSD 37-2007 February 21,2007 Niagara.. Region REPORT TO: Co-Chairs and Members of the Planning and Public Works Committee AND Co-Chairs and Members of the Corporate Services Committee SUBJECT: Capital Budget Allocation for Storm Sewer Cost Sharing Program Project ID ZRC0603 R.ECOMMENDATION(S) That this Committee recommends to Regional Council: That capital levy financing in the gross and net amount of $200,000 be approved for Project ZRC0603 Storm Sewer Cost Sharing Program from the 2006 Roads Capital Budget. That approval be given to pay the City of Niagara Falls for the Region's portion of the storm sewer cost sharing for the estimated amount of $180,000. That the Regional Clerk be directed to ensure that the appropriate bylaw(s) are prepared for presentation to Regional Council. EXECUTIVE SUMMAR.Y Approval to initiate the budget allocation and financing for the Storm Sewer Cost Sharing Program. 1 PWA 32-2007 CSD 37-2007 February 21, 2007 ( FINANCIAL IMPLICATIONS Funding in the amount of $200,000 has been approved in the 2006 Roads Capital Budget. The estimated cost of the storm sewer cost sharing, as based on the low tender awarded by the City of Niagara Falls, is $180,000. Any balance of funding not required will be returned to the Capital Levy Reserve. PURPOSE To initiate financing for the Storm Sewer Cost Sharing and for approval to pay the City of Niagara Falls for the Regional component of the Storm Sewer Works. BACKGROUND The 2006 Roads Capital budget included the Project ZRC0603 Storm Sewer Cost Sharing Program. The project is to provide the funding for the Regional portion of the oversizing of the storm sewers constructed within the municipalities. Each year the municipalities are requested to advise Niagara of the projects that would involve storm sewer works with a Regional component. The City of Niagara Falls has provided a letter outlining the Region's share of the cost associated with the construction of the storm sewers. c REPORT This report requests approval of capital levy financing in the gross and net amount of $200,000 as approved for Project ZRC0603 Storm Sewer Cost Sharing Program from the 2006 Roads Capital Budget. The City of Niagara Falls has advised that Niagara's portion of the storm sewer cost sharing is estimated in the amount of $180,000. The projects and the estimated . Regional share of the construction costs are listed: . Stanley Avenue from Ferry Street to Murray Street . Park Street from Ontario Avenue to Chrysler Avenue . Park Street from Chrysler Avenue to Victoria Avenue $100,000 $ 40,000 $ 40,000 ( 2 " ( PWA 32-2007 CSD 37-2007 February 21, 2007 The budget for this project was identified in the Capital Program Report CSD 175-05 dated December 15, 2005. Submitted by: ~lanN Com , a ner of Corporate Services Approved by: ( ~ Mike Trojan Chief Administrativ icer MRlab PWA-Feb-21-07-MR-ab-2006 Storm Sewer Cost Sharing.doc This reporl was prepared by Michael Roach, Manager Public Works Financial Services, with collaboration from Harry Kaas, Capital Analyst. \ 3 Niagara.. Region Office of the Regional Clerk 2201 SI. David's Road, P.O. Box 1042, Thorold NIIlG. FrllS C~~~~5~:4?oll-free: 1-800-263-7215 Fax: 905-685-4977 www.regional.niagara.on.ca March 12,2007 Our Ref.: P&PW 3-2007, Feb. 21, 2007 DPD 31-2007 C.02.0040 Mr. Dean lorfida City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida, Regional Niagara's Response to A Business Case The Vineland Renaissance Project: Establishment of the Vineland Research and Innovation Centre We are pleased to advise that Regional Council, at its meeting of March 1, 2007, approved the Planning and Public Works Committee recommendations as follows: That Report DPD 31-2007, February 21, 2007, respecting Regional Niagara's Response to a Business Case - The Vineland Renaissance Project: Establishment of the Vineland Research and Innovation Centre, be received; That the following resolution be recommended to Regional Council: Whereas The Regional Chair's Agricultural Task Force has prepared an Agricultural Action Plan that was adopted by Regional Council on July 27, 2006; And Whereas the Agricultural Action Plan identified the re-establishment of research capacity at Vineland Research Station as a key priority requiring significant investment in the order of a minimum of $50 Million, an investment anticipated as a partnership between Provincial and Federal Governments and the private sector; And Whereas reinvestment in Vineland Station was also recognized in the Council- endorsed navigating the Future: Economic Growth Strategy 2005-2010; And Whereas A Business Case - The Vineland Renaissance Project: Establishment of the Vineland Research and Innovation Centre, commissioned by the Government of Ontario through the Minister of Agriculture, Food and Rural Affairs, recommends a Provincial Government commitment of $25 Million and transfer of assets to Vine land Research Station's renaissance, yet is unspecific on the issue of financial partnership for this endeavour by the Federal Government; Building Community. Building Lives. Area Municipalities March 12, 2007 Page 2 Now Therefore Be It Resolved That A Business Case - The Vineland Renaissance Project: Establishment of the Vineland Research and Innovation Centre (i.e. 'A Business Case') be supported and that the Regional Chairman convey this support to The Honourable Leona Dombrowsky, Ontario Minister of Agriculture, Food and Rural Affairs; That the Regional Chairman communicate to the Prime Minister Stephen Harper and Federal Minister of Agriculture The Honourable Chuck Strahl, with copies to all Niagara-area Members of parliament, that it is the position of council that the success of Vineland Renaissance is contingent on the Federal Government's matching financial participation in this project; and That copies of this resolution be circulated to Niagara-area municipalities, the City of Hamilton, the county of Haldimand, the Boards of Governors of Brock University and Niagara College, Niagara Economic Development Corporation and the Niagara Parks Commission, for their respective endorsements. A copy of Report DPD 31-2007, February 21,2007, containing the Resolution is enclosed for your information. Yours truly, LJ~ .~_JI Pam Gilroy Regional Clerk Ibs ~rJ c. C. Cambray, Commissioner of Planning and Development City of Hamilton County of Haldimand Board of Governors, Brock University Board of Governors, Niagara College Niagara Economic Development Corporation Niagara Parks Commission DPD 31-2007 February 21, 2007 Files: C.02A34A D..02.AG..pl NiagaralJ1fl/lf Region REPORT TO: Co-Chairs and Members ofthe Planning and Public Works Committee SUBJECT: Regional Niagara's Response to A Business Case - The Vine/and Renaissance Project: Establishment of the Vineland Research and Innovation Centre RECOMMENDATIONS That this Committee recommends the following resolution to Regional Council: Whereas The Regional Chair's Agricultural Task Force has prepared an Agricultural Action Plan that was adopted by Regional Council on July 27, 2006; And Whereas the Agricultural Action Plan identified the re-establishment of research capacity at Vinefand Research Station as a key priority requiring significant investment in the order of a minimum of $50 Million, an investment anticipated as a partnership between Provincial and Federal Governments and the private sector; And Whereas reinvestment in Vineland Station was also recognized in the Council- endorsed Navigating the Future;' Economic Growth Strategy 2005-2010;- And Whereas A Business Case - The Vine/and Renaissance Project: Establishment of the Vineland Research and Innovation Centre, commissioned by the Government of Ontario through the Minister of Agriculture, Food and Rural Affairs, recommends a Provincial Government commitment of $25 Million and transfer of assets to Vineland Research Station's renaissance, yet is unspecific on the issue of financial partnership for this endeavour by the Federal Government; Now Therefore Be It Resolved 1. That A Business Case - The Vineland Renaissance Project: Establishment of the Vineland Research and Innovation Centre (l.e. 'A Business Case) be supported and that the Regional Chairman convey this support to the The Honourable Leona Dombrowsky, Ontario Minister of Agriculture, Food and Rural Affairs; 2. That The Regional Chairman communicate to Prime Minister Stephen Harper and Federal Minister of. Agriculture The Honourable Chuck Strahl, with copies to all Niagara-area Members of Parliament, that it is the position of Council that the success of Vineland Renaissance is contingent on the Federal Government's matching financial participation in this project; and DPD 31-2007 February 21, 2007 Page 2 3. That copies of this resolution be circulated to Niagara-area municipalities, the City of Hamilton, the County of Haldimand, the Boards of Governors of Brock University and Niagara College, Niagara Economic Development Corporation and the Niagara Parks Commission, for their respective endorsements.. PURPOSE The purpose of the report is: . to advise Council of the report of the Vine land Renaissance Panel; . to assure Council's continued support for this initiative; and, . to make recommendations concerning the federal government's participation to make the Vineland Renaissance project a success all of which is consistent with the Agricultural Action Plan developed by the Regional Chair's Agricultural Task Force" EXECUTIVE SUMMARY One month after the release of the Council-endorsed Agricultural Action Plan, the Minister of Agriculture, Food and Rural Affairs announced, at the Centennial Celebration of the Vineland Research station, the creation of the Vineland Renaissance Panel (i.e, the 'Panel'), Chaired by Mr.. Donald Ziraldo" The Panel was tasked with investigating and researching possible directions for the Vineland Research Station for the future" The result of that work is A Business Case - The Vineland Renaissance Project: Establishment of the Vineland Research and Innovation Centre. As at the tirne of writing this report, Mr" Ziraldo is scheduled to address Council at its regular meeting of February 8, 2007, to introduce the Business case document. Mr Ziraldo's attendance at Council follows the release of the Business Case by The Honourable Leona Dombrowsky, Minister of Agriculture, Food and Rural Affairs at the Vineland Centennial Celebration Dinner held January 27, 2007., It is noteworthy that, at that dinner event, Mr. Ziraldo announced his and his wife's personal contribution of $50,000 to the Vineland Research and Innovation Centre initiative. The Business Case itself builds on the critically-acclaimed work of the Regional Chair's Agricultural Task Force (i.e. 'Task Force), particularly its two seminal works, "Securing a Legacy for Niagara's Agricultural Land: A Vision from One Voice," and the follow-up work, the Agricultural Action Plan. It is fair to say that the Business Case document is an affirmation of the foresighted and proactive work of the Task Force and building on the directions of the Regional Policy Plan for encouraging and promoting agriculture, with particular emphasis on the process of consensus and creating a 'One Voice' perspective for Niagara's diverse agricultural industry" The only departure between the Business Case document and the Task Force's work (relative to Vineland Research Station) is the difference in emphasis given to the role of the federal govemment in the Business Case - this is not a criticism, rather, it is both understandable and appropriate to the circumstances of the Business Case. The DPD 31-2007 February 21 , 2007 Page 3 Business Case was commissioned by the Provincial Government as the means by which it would receive recommendations on its role at Vineland - a significant role in and of itself.. However, per the work of the Task Force, there is an expectation of a significant role (and presence) by the federal government.. This report speaks to that issue. REPORT Task Force's Inception and Early Success Flowing from the Smarter Niagara Summit discussions in 2002, and as a response to directions coming from the Provincial level on the creation of an 'agricultural preserve' in Niagara, the Council of the day spearheaded the creation of a Task Force, comprised of Council members working alongside community leaders from across Niagara's diverse agricultural sector, to define a decision making framework aimed at developing long term sustainability for Niagara's robust agricultural base. This process was assisted considerably by the Regional Agricultural Economic Impact Study - a comprehensive study that quantified Niagara's agricultural base as a $1..8 billion per year economic engine.. Following an extensive facilitated process of dialogue, debate and co-education, the Task Force released a Discussion Paper titled "Securing a Legacy for Niagara's Agricultural Land: A Vision from One Voice" (Le. 'One Voice Report'). This work, having been supported from acrGSS Niagara, garnered considerable attention because of its focus on sustainability by having those most directly affected being the authors for defining the future within the broader public policy context set out in Niagara in the Regional Policy Plan. Government (Le.. Region) in this exercise is facilitating and providing supportive research.. . After having had the Discussion Paper endorsed by a variety of organizations, including all local municipalities, various agencies, boards and commissions, as well as agricultural commodity groups, the report was finalized and endorsed by Regional Council for submission to the Province of Ontario. This work was followed up by an allocation of $100,000 from the Province of Ontario, to develop the work of the "One. Voice" Report further. The result of this process was the Agricultural Action Plan, endorsed by Council on July 27, 2006. That report identified seven priorities for assuring the long term vitality of the agricultural sector in Niagara - rejuvenating the Vineland Research Station which (it is now widely recognized) had been in a steady state of decline for several years.. As a reminder, the Agricultural Action Plan identified the following priorities: · Re-establishing the research capability of the Vineland Research Centre to support the agricultural industry · Developing Niagara brand for agricultural products.. "Quality products - quality farms - quality environment for community health" DPD 31-2007 February 21, 2007 Page 4 . Developing small and medium agricultural processors . Providing raw water for agriculture . Revisiting the use of the Agricultural Easement Program of the earlier 1990's entitled "Niagara Tender Fruit Lands Program" . Supportive Tax Policies for value added facilities as part of the farm operation . Provincial and Federal Programs - how to assure they support agriculture in Niagara. To this point, the Vineland issue and the attention to raw water irrigation infrastructure have been the subject of implementation work.. It is expected that the Task Force will reconvene shortly to make recommendation on how to move on the other equally important facets for the success of the Agricultural Action Plan Task Force's Role in Informing Provincial Planning Efforts In a parallel fashion, the Province had conducted consultations on three major initiatives - the Greenbelt Task Force, review of the Provincial Policy Statement, and, 'Places to Grow' (this latter being a growth management strategy led by the Ministry of Public Infrastructure Renewal).. The work: of Niagara's Agricultural Task Force, in concert with the Regional Policy Plan, formed a base for Niagara's comments to the Province on these related initiatives.. Niagara's key messages taken relative to each of these efforts have been consistent - ensure the long term economic viability of Niagara's $1..8 billion agricultural sector (with a variety of tools) along with economic viability of our municipal sector; and, - support for the clear directions of the Regional Policy Plan to direct growth south in Niagara (by investing in needed infrastructure) and to support smart growth directions for better utilization of development potential within existing urban boundaries. The vigilance in presenting this consistent position was recognized - the Greenbelt Task Force, as well as the Agricultural Advisory Team created to help inform the Greenbelt .. process, both commented most favourably on the good work that has evolved via the Task Force. This recognition has come through their respective reports.. Also, presentations were made to Deputy Ministers, the Minister of Agriculture and Food, the Greenbelt Task Force, among others.. More recently, Task Force representatives met with the Vineland Renaissance Panel during its deliberations, and staff was included in the initial discussions (with, among others, the Deputy Minister of OMAFRA) that ultimately led to the appointment of the Panel. And, the primary external expert resource that worked on Niagara's Agricuitural Action Plan, the 'VIsion from One Voice' report, and the Regional Agricultural Economic Impact Study, Ms. Margaret Walton of the firm PlanScape, was also engaged by the Panel in preparing the Business Case. DPD 31-2007 February 21, 2007 Page 5 Response to A Business Case - The Vineland Renaissance Project: Establishment of the Vineland Research and Innovation Centre The Business Case report is too voluminous to reproduce as an Appendix to this report. For anyone interested in seeing the full Business Case report, it can be provided directly, either in hard copy or on CD.. For the purposes of this report, the Executive Summary from the Business Case report is attached as Appendix 1.. In the body of the Business Case report, the work of the Task Force is referenced many times, referenced specifically in the context as having been the first public process (in recent memory) to identify revitalization at Vineland as a key to supporting the long term viability of Niagara's agricultural economic engine (especially following the advent of several Provincial initiatives like the Greenbelt Plan, Places to Grow and the revised Provincial Policy Statement).. The following excerpts attest to this: "Building partnerships with the Region of Niagara is critical. A logical vehicle for discussions on potential partnership would be through the Agricultural Task Force, an organization that has a successful track record for linking government and primary producers.. It was the Task Force that encouraged Regional Council to actively seek re- vitalization of Vineland and it will continue to be a valuable support in managing the initiative through its implementation.. The agricultural community in -Niagara and those who have an interest in agriculture, tend to be a fractious group. Creation of the Task Force broughtthe various groups together and has been a surprisingly successful venue for allowing groups to come together, to work through their differences and to make recommendations that articulate a 'vision from one voice..' Regional Council has come to view this group as a vital conduit of vetting agricultural issues and formulating reasonable solutions." "The work done recently by various agricultural sectors in the Niagara region emphasizes the benefits that could flow from an agricultural research component at Vine/and.>> "Peter. Partington, Niagara Regional Chair; delivered the Task Force Report. The revitalization of Vine/and was one of three requests he made to the Federal Government, as a Regional initiative supported by the three federal MPs. >> In addition to these Task Force-specific references, the Business Case report provides: . a Vision - .Vineland will be a world class research institution and international hub for horticulture and floriculture research, innovation and commercial activity with a focus on grapes, tender fruit, greenhouse floriculture alid ornamentals." . a recommended Provincial investment of $25 Million, plus the transfer of lands and buildings from the Provincial crown agency, the Agricultural Research Institute of Ontario, to the proposed entity, Vine land Research and Innovations Inc. . economic impact measures over ten years DPD 31-2007 February 21,2007 Page 6 . expert-based analysis of the types of research needed for now and the future - these include traditional research related to pesticides and product life; new directions on energy consumption, and biopharmaceuticals and nutri-ceuticals (these latter two being focused on capitalizing on Niagara's agricultural base to promote an overall population health agenda); and, ideas on commercializing research.. . identification of key partners and stakeholders, including all levels of government, a broad base from the academic sector (including Brock, Niagara College, University of Guelph, McMaster University and the Niagara Parks Commission's School of Horticulture) and various groups representing the specific commodities like grapes and tender fruit, wine and greenhousing, as well as federations of agriculture, Twenty Valley Tourism Association and PALS, among others.. . the outiine of a governance structure for an incorporated arms-length body, "Vineland Research and Innovations Inc.," to oversee theVinefand Research and Innovations Centre; . support for complimentary activities like culinary tourism and value-added small and medium processing; . a focus on developing national and international recognition of the Vine/and brand - that a rejuvenated and properly resourced Vineland Research and Innovation Centre will become synonymous with agricultural research excellence; and, . measurable research outcomes - interestingly (and encouragingly), some of the outcomes assist in broader global sustainability policy agendas like environmental footprint impact (e.g, reducing use of pesticides) and energy consumption. Federal Government Participation It must be stressed that the Business Case was commissioned by the Provincial Government, and its recommendations are therefore understandably directed at that audience. Nonetheless, there is a reference that the "Government of Canada.....could provide funding investments, could transfer the buildings and assets, and could support required staffing and laboratories, as deenied appropriate.." It is the position of staff, relying heavily on the Agricultural Action Plan, that a stronger message must be sent to the Federal Govemment. The use of the word 'could' in this context in the Business Case is suggestive at best. The Regional Chairman, taking (as he has done) the Vineland message to both Queen's Park and to Ottawa as one of three top Niagara priorities, has already set the foundation for Provincial and Federal participation in Vineland's renaissance as being necessary for Niagara's economic success. The Business Case report attests to the critical Provincial role - assuming Provincial acceptance, the equally important participation at the Federal level still needs to be secured. The Business Case does reference the need to 'pursue complimentary strategic funding from the federal government' - while helpful, it does not impart any obligation on the federal leveL Thl;l reason that the Task Force has stressed the equal importance of Provincial and Federal participation in Vineland's renaissance is simple - Niagara's agricultural base is nothing less than a Provincial and National treasure. Assuring its success is, as the DPD 31-2007 February 21, 2007 Page 7 Business Case properly points out, tantamount to realizing the Niagara/Ontario/Canada advantage in agricultural-based research and innovation. FINANCIAL IMPLICATIONS The Business Case report does not call upon Regional Niagara or the Town of Lincoln for any direct financial contribution towards the Vineland Research and Innovation Centre. Rather, the expectation for municipal-level investment is via the provision of any future servicing requirements that may be required over time at the property.. This seems a reasonable expectation. Of course, any servicing improvements that may be sought in the future would be subject to a more fulsome review, once such potential upgrades, if any, are made known.. CONCLUSION The release of the report A Business Case - The Vineland Renaissance Project: Establishment of the Vineland Research and Innovation Centre by the Minister of Agriculture, Food and Rural Affairs is a critical step in the process of assuring the long- term viability of Niagara's (and Ontario's and Canada's) agricultural sector. The Business Case provides clear affirmation that Niagara's Agricultural Task Force has been at the fore of articulating the need for rejuvenating research and innovation capacity at Vine land. As the Business Case points out, The agricultural community in Niagara and those who have an interest in agriculture, tend to be a fractious group.. Creation of the Task Force brought the various groups together and has been a surprisingly successful venue for allowing groups to come together, to work through their differences and to make recommendations that arliculate a 'vision from one voice,,' The credibility of the Task Force, in addition to the leadership of the individuals serving on it, is a direct reflection of the time and energy that the Region has put into facilitating discussion on matters of common interest, on putting aside differences, and on defining solutions through a responsible process of local self- .. determination. As the Vineland Research Station is celebrating its centennial, it is timely to consider its future, especially since it is widely accepted that it has declined in its capacity to support industry-relevant research. Also, with the advent of the Greenbelt Plan, this underutilized asset represents a key investment opportunity that is required if the Greenbelt, and the communities that are within its jurisdiction, are to succeed and thrive. Since Niagara's agricultural base does indeed represent an asset of national importance, especially in light of growing concerns for food security, food self-sufficiency and reducing the ecological impacts of food that travels several thousands of miles to get here, a Federal Government commitment to the renaissance at Vineland is seen as 'the right thing to do.' The Business Case articulates economic impacts that would suggest senior government investments now will be repaid many times over in the form of economic growth and related tax revenue, DPD 31-2007 February 21, 2007 Page 8 In light of the recognition of the success of the 'One Voice' approach, this report includes a recommendation to solicit endorsement by area municipalities, local post-secondary institutions, the Niagara Economic Development Corporation, the Niagara Parks Commission and sister municipalities in Hamilton and Haldimand. Submitted by: Approved by: Corwin T. Cambray, MCIP, RPP Commissioner, Planning and velopment This report was prepared by pa!Robson, Director of Community Integration. ~ APPENDIX Appendix I Executive Summary: Vineland Renaissance Project Page 9 D PD 31-2007 Appendix I February 21, 2007 Page 9 EXECUTIVE SUMMARY EXECUTIVE SUMMARY In August 2006, the Honourable Leona Domblowsky, Minister of AgxicultuIe, Food and Ruml Affairs, aIinounced the appointment of the Vineland Renaissance Panel and charged it to examine the Ie-vitalization of the Vineland Research Station and to report to the Minister in the Fall of 2006 The Panel was chaired by Donald Ziraldo, co-founder of Inniskillin Wines. Additional Panel membels wele Dr. Calvin Stillel, James Fallllr and Jamie Wmner. It was suppolted by the Secretmiat of Kenneth Kllox and Caiol Pupo (on secondment from OMAFRA).. A diverse team of highly skilled experts was assembled to assist the PaneL Iheir'lepOIts are . included as Appendice~ 4 through 9.. Ihroughextensive communi~ cqnsultations and deliberations, the Panel learned that there is incledible enthusiasm for the vision of a tIansformed 'Vineland' - and even leceived ear'ly commitments fi-om stakeholders within the agxi-food sector and academia. TheVineland Resealch Station is located in the Town of Lincoln, Region ofNiagma and is part of tlre pelmanent Greenbelt Thirty-five buildirigs,a total of 165,000 squaxe feet, me located On a 218 aCle lan<fbase.. TheGleenbelt offers exceptional oppoltunities for the VinelandRenaissance;, . . .. The Panel heard from gxowers, business lead~'s, academia, tolltism operators and social leaders as well as senior xepreseiltaiivesfrOlh"fouilevels ofgovermnent.. Additionally, the Panel wOlked with senior- governixi.~ntofficitl1;s()fAgiicultuIe and Agxi-Food Canada to ensure harmonization cifkeygoveinm~ni s#ategillsJn;i:h,e fieidil ofn:search and iimovation.. All leinforced that a significant investment intb,e VineIimd Renaissance Project will: . SUppOlt a healthy Ontaiioaiicla.'S~l)ng<;>ji.~ioec~nomy.. . .... . Glow the OntaIio and Cmiadian "agri"foolfcom.petitive capacIty tlnough reseaxch, innovation and technologytIim$fei~.' . ... . .. .. . . .... ... . . . · Pmvide the help Ontario Greenbelt fiinnersiieed,which on~y reseaxch and innovation - don~ locally~ ~ provide., . . ... .__.,' .' · Develop new and innovative approaches for preselving and enhancing the unique environmental habitat.. . PIovidea foCus fonumlfmbanintelface..iss1Jes..... .. . · Conductwodd-classre~;~~h~~si#7~~~1tOliIism. ... ... The Panel prepared a Vision ~d a 10 y~iU:.:a:lik0~s'sPlan: Business Case THE VINELAND RENAISSANCEl>lW.iECt. 3 DPD 31-2007 Appendix I February 21, 2007 Page 10 EXECUTIVE SUMMARY Vineland will forge a Mille in which there is: * A pes1 free (disease/insects) tender fiuit, gtape and flOliculture industry where pesticides are n'O longer necessaiy. .1>. * Innovative cold-hardiness plants as a result ofresearch (outdDDrs and under glass) tIuiving in . OntariD * Enhanced capacity to supply locally gtOWll products to satisfy Ontroi'O's consumers all yero'- r'Ound.. .. . * An internati'Onally recognized Greenbelt focus and sDcia-economic reseroch team. * New links devel'Oped among betteI hOlticultul'al produce, bette1' health, better use 'Of resources and better living.. . * An international hub fDr horticultural research, innovatiDn and commercial activity. * A destination fOI' wOlld-class horticUltural and foodlhealth related reseroch scientists to innova1e and transfer their knowledge to Ontario growers.. * Enhancements in culinary t'Ourism.. * A new, exemplary, model f'Or federal and provincial agti-food research and innovation centres and networks featuring sustainable and green building best practices. r............---,-__...-,....-;-..H..,......................,...-..."-.~....:-...-;-"~-!....-.._....,...-..~.._....,.....H..,.~__., ; 'Vi~and.Mumpiii{ilfeM." ; '.. "1'.". . "'01'1' .. '.. ...... lIr<>ck Ulirvotsl!y "'''''..'''''..'~ C~l ~T_ ..."_......".,,, frtl.:L..""~ - \:-,sn. _'.. J"? ,~~. , ! ! I t I' i i n...... I F~RIO ~l t f i I I I t i I ~ ~ .. hIVersj'."....... ';;';.r..1t McMaster Un" .(1 -" ". '~'.:'}r.'.'.:J: (SiOscleooes) 1tJ'l,!..rrul}J.--_.i1"'....,,~~ t"" ., .."P J~O~~~t-..~tch I . .. m...._.I.... .. I ~__._._.._....r.."....,..-:_.._.__".._~rH.".....,....~H_....._.--::'!':"',.....__.",......"\,,"O..~._..~.........;;..--,J Business Case THE VINELAND RENAISSANCE PROJECT 4 . . OPO 31-2007 Appendix I February 21, 2007 Page 11 EXECUTIVE SUMMARY The BusbwssPlan The Panel recommends the tIansfer ofthe lands at Vineland to a not-fOt-profit corpOtation with an independent Board ofDil'ectols, Key to the long telm success is the hiring of a visionary, world class CEO and Scientist In aniving at its lecommendation, the Panel and the team of expeIts considered several hnman Iesource and financial options- within the Business Plan.. The chaIt below depicts the lecommended option, Staffing l'roI~ctlOn& 161 !!L-.:!~ --- .. ~ --~--- ~~.- f"~~ .---" _--:'~';"';'~"""".""~'-"'-'--~'---'~.'.~'.~..~._,.,.-<-..'-~"'~-'-~'~---,.--- , 'l'1n'iliicltiI'&RoilWi Rii!lo.litcbli F/flllllcJal P"roi"CiiAJ1s OilJ;arili InYO:SIi! $25.lillliIQn t.ani.i~ua:_$10 mtl!km" - MO~ge: $&,21i\l11l<!" 195 --.;.- .1 - -$ .,1 rotii,tgeiici\:lll.ll ~ 0' == :e' "" .. tf ,~.M~~~~~ ' ...~",. ' Jo'k':" . . & ~. .,g. :JI ~YBaf:'/~' ~ ~ .t tI! RECOMMENDATION Business Case THE VlNELAND RENAISSANCE PROJECT 5 , DPD 31-2007 Appendix I February 21, 2007 Page 12 EXECUTIVE SUMMARY THE WAY AHEAD (From Vision to Reality!) Vineland Research and hmtlvations Ine will opelate within a fiamewOlk oftnmsparency, aecountabillty, focused measUIable oqjectives and managed risks" TIffi VINELANDRENAISSANCE PROJECT 6 Business, Case . . . DPD 31-2007 Appendix I February 21, 2007 Page 13 EXECUTIVE SUMMARY Outcomes For' Partners And Stakeholder's A revitalized Vineland will have a bmad range of lasting benefits for OntaJio, the Niagara Peninsula, and Canada.. Research outcomes will be aligned with induslly needs and Will SUPPOIt a healthy OntaJio as well as a sIlong Ontario economy.. Based on long term USA studies of how indusny investments fullow basic and applied science, the following are reasonable potential economic impacts and p!Ogramming outcomes" Ten"')lear Economic Impact · 'Total economic impact will increase by $2.6 billion to Ontario.. . Creation of2000newjobs in the Niagwa Region" . New tax revennes 0[$180 million to OntaJio,. · Health cme cost-avoidance of$20 million due to reduced pesticide usage and pIOmising nunaceutical'ptoducts.. · Stimulation ofIlew pIivateJpublic sector investments of $229 million in the Niagara Region.. . Total publicJplivate sector research investment of$122 million, Policy Impm:tlor Ontario . Accomplishes Greenbelt policy objectives.. . Advances self-sustainability for agricultute in the Niagara Peninsula, . PIOvides safe, home-grown, quality food for OntaJians, . ConselVes energy use in the greenhouse industty.. · Model of an envitonmental1y sustainable infrastructure for other institutions, Cultural Iinpact . Acceptance of Greenbelt.. . SUPPOlt for culinary tourism initiates.. . Better undetstanding of agricuItme' s importance tIuough ontreach programs and activities.. Measurable Research Outcomes . Reduced usage of pesticides , . Impmved plant cold hardiness. . Reduced energy consumption in gr'eenhouses.. . New and innovative products and services.. Business Case TIlE VINELAND RENAISSANCE PROJECT 7 ~fP1~ Whe,e Ships Climb The Mountain... ~LERK~ 10114 @#ice ~ :G~ Thorold March 22, 2007 The Right Honourable Stephen Harper, Prime Minister of Canada 80 Wellington Street Ottawa, Ontario KiA OA2 Dear Prime Minister: Re: The Vineland Renaissance Project Please be advised that Thorold City Council, at its March 20, 2007 meeting, adopted the following resolution: THA T the resolution adopted by the Regional Municipality of Niagara at its March 1, 2007 meeting regarding the re-establishment of research capacity at Vineland Research Station requiring significant investment with a minimum of $50 million, an investment anticipated as a partnership between Provincial and Federal Governments and the private sector, be received and supported. AND FURTHER THA T this resolution be forwarded to Prime Minister stephen Harper, Federal Minister of Agriculture the Honourable Chuck Strahl, Local MP's and MPP's, Niagara area municipalities and The Regional Municipality of Niagara. A copy of the correspondence received from the Regional Municipality of Niagara is enclosed for your reference. Yours truly, ~", , .... . Susan Daniels, AMCT Deputy City Clerk Encl. SMD:dw cc: Hon. Chuck Strahl, Federal Minister of Agriculture Mr. John Maloney, MP Mr. Kim Craitor, MPP Mr. Peter Kormos, MPP The Regionai Municipality of Niagara ~~ em: M. Weir, Chief Administrative Officer J.K. Sice, City Clerk A. Arbour, Director of Plannina and BuilWIlr1'fiflrold P.O. Box 1044, 3540 Schmon Parkway, Thorold, Ontario L2V 4A7 www.thol.O/tJ.com Tel: 905-227-6613 Niagara.. Region PROVINCIAL OFFENCES COURT .ADMINISTRATION NI~FruSCLERKS'07032810114635 Queen Street, P.O. Box 840 Niagara Falls ON L2E 6V6 Tel: 905-371-8988 Fax: 905371-9855 Toil Free: 1-866-278-8303 www.reoional.niaoara.on.ca March 23, 2007 Mr. Dean lorfida, Municipal Clerk 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: Re: POA Prosecution Guidelines At its meeting of March 22, 2007, Regional Council received a staff report with respect to the enclosed POA Prosecution Guidelines which had been endorsed by the Joint Board of Management overseeing POA operations on March 7, 2007. Upon consideration, the following resolution was passed by Council: "That Regional Council approve implementation of the Prosecution Guidelines dated March 7, 2007 so that effective April 1, 2007 Niagara Region Provincial Offences Act (POA) prosecutors will offer to conduct "Local Prosecutions" (except those related to parking offences) for all willing municipalities on a fee for service basis." I am therefore pleased to advise that while the prosecution of offences "downloaded" by the province in 2001 (primarily Highway Traffic act matters) remains the priority, the Region is also offering to conduct, for those municipalities that request the service, prosecution of "Local Prosecutions" (defined in the Inter-Municipal Agreement as fire/building code and local bylaw but not parking offences) on the terms outlined in the Guidelines. We are requesting that you bring this letter and attached Prosecution Guidelines to the attention of your CAO and by-law enforcement officials. As per the Guidelines, a written request will be required if it is determined that your municipality wishes to engage the services of Regional Prosecutors. Should your municipality wish to discuss this matter further please don't hesitate to contact me at (905) 371-8749 extension 333. ~~ Bill Bernard, Manager, Court Services c.c. Chair and Members, Joint Board of Management M. Kyne, Director, Legal Services N. MacDonald, Regional Prosecutor E. Rasiulis, Regional Prosecutor Building Community. Building Lives. POA PROSECUTION GUIDELINES WHEREAS the Niagara Region Courts Inter-municipal 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 ("LSA") between the AGO and Niagara Region, to Niagara Region as Agent for all municipalities within the Regional Municipality of Niagara (the "Municipalities"); (b) establishes a Joint Board of Management made up of representatives from the Municipalities to provide a forum to coordinate the obligations of all Municipalities with respect to court administration, support and prosecution services; (c) authorizes Niagara Region to provide prosecution services, except for Local Prosecutions, on behalf of all Municipalities; and (d) defines "Local Prosecutions" as "prosecutions and appeals that are conducted by a Municipality with regard to its own by-laws and includes prosecutions and appeals conducted in relation to the Building and Fire Codes and any other matters that a municipality is authorized by law to prosecute";. NOW THEREFORE, as of March 7,2007, the Joint Board of Management endorses the following Prosecution Guidelines: 1. All Municipalities agree and acknowledge that prosecutions transferred pursuant to the MOU and LSA will be given the highest priority by Niagara Region Prosecutors. 2. All local municipalities 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 (including all research, preparation, court and reporting time) based on the Prosecutor's salary, benefits and other employment-related costs (the "Prosecutor's Rate"). 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. POA PROSECUTION GUIDELINES 3. In addition, as of April 1, 2007, the following conditions shall apply to all Local Prosecutions conducted by Niagara Region Prosecutors on behalf of a local municipality: i) to meet disclosure requirements, each local municipality shall provide to the Niagara Region Prosecutor a complete and legible copy of all documents relevant to the prosecution (organized chronologically from earliest to latest by date) with an index as well as one additional copy of those indexed documents per defendant; ii) in lieu of incurring the administrative cost of tracking all disbursement expenses and the time spent by non-prosecutorial staff, each local municipality shall pay a File Administrative Fee of $25.00 per prosecution to cover these costs. Niagara Region reserves the right, after consulting the local municipality, to charge additional fees in those rare prosecutions which require extraordinary disbursement expense (e.g. expert's fees); and Iii) each local municipality shall pay the Prosecutor's Rate of $75.00 per hour. 4. Once undertaken, Niagara Region's responsibility to conduct any "Local Prosecution" is concluded at the first resolution of the prosecution be it via guilty plea, withdrawal of the charge or a trial decision. To be clear, Niagara Region will not be responsible for any appeal or re-hearing of the offence. 5. Niagara Region retains the discretion to refuse to prosecute any "Local Prosecution" but in so doing will so advise the affected local municipality at its earliest opportunity and make all reasonable efforts to assist the local municipality in obtaining alternative prosecutorial resources and ensuring that the particular prosecution is not prejudiced. 6. Niagara Region Prosecutors will at all times continue to exercise complete prosecutorial independence and retain the discretion to, for example, withdraw any charge, enter into a plea agreement, call the witnesses, retain any experts, speak to the scheduling of matters and make submissions to the Court that they think appropriate in the circumstances. 7. Notwithstanding these Guidelines, all municipalities are encouraged to develop contingency plans and retain "back-up" prosecution resources. 8. These Guidelines take effect as of April 1 ,2007. NiagaralJf(Tfll Region mAG. F!US CLERKS '0'7 033) 10:54 MEMORANDUM DATE: March 27, 2007 TO: Area Clerks FROM: Gail Reilly Legislative Assistant SUBJECT: Joint Board of Management Niagara Area Courts Meeting of March 7, 2006 Attached are the minutes and attachments for the Joint Board of Management Niagara Area Courts meeting of March 7,2007. If you require further information, please contact Bill Bernard, Manager, Court Services, at (905) 371-8749, ext. 333. Jt.~ Gail Reilly Legislative Assistant cc: Bill Bernard, Manager, Court Services THE REGIONAL MUNICIPALITY OF NIAGARA JOINT BOARD OF MANAGEMENT NIAGARA AREA COURTS REPORT 1-2007 Minutes of a meeting of the Joint Board of Management Niagara Area Courts held in the Corporate Services Boardroom, Regional Municipal Building, Thorold, Ontario, on Wednesday, March 7, 2007, commencing at 1 :40 p.m. ATTENDANCE Joint Board Members: Ms. Poulin, City of St. Catharines; Mr. Cronier, Town of Pelham; Ms. Hanson, City of Port Colborne; Ms. Kelly, City of Niagara Falls; Mr. Kyne, Niagara Region; Mr. Stephenson, Town of Fort Erie; Mr. Stirtzinger, City of Weiland. Staff: Mr. Bergsma, Commissioner, Corporate Services; Mr. Bernard, Manager, Court Services (Secretary, Joint Board of Management); Ms. Reilly, Legislative Assistant. ADOPTION OF AGENDA 1. Moved by Ms. Poulin Seconded by Mr. Cronier That the agenda be approved, as amended, to move the Election of the Chair and Vice-Chair forward to be dealt with as the first item on the agenda. Carried. ELECTION OF CHAIR AND VICE-CHAIR 2. Ms. Kelly, Chair, called for nominations for the position of Chair of the Joint Board of Management Niagara Area Courts for a one year term. Moved by Ms. Kelly Seconded by Mr. Kyne That Ms. Annette Poulin be nominated for the position of Chair of the Joint Board of Management Niagara Area Courts for a ope year term. Carried. JBM 1 Joint Board of Management Report 1-2007 March 7, 2007 Moved by Mr. Hanson Seconded by Mr. Cronier That the nominations for Chair of the Joint Board of Management Niagara Area Courts be closed. Carried. There being no other nominations, the Board, with the agreement of Ms. Poulin, declared her Chair of the Joint Board of Management Niagara Area Courts for a one year term. Ms. Kelly called for nominations for the position of Vice-Chair of the Joint Board of Management Niagara Area Courts for a one year term. Moved by Ms. Hanson Seconded by Mr. Stephenson That Mr. Ernie Cronier be nominated for the position of Vice-Chair of the Joint Board of Management Niagara Area Courts for a one year term. Carried. Moved by Ms. Poulin Seconded by Mr. Kyne That Ms. Karen Kelly be nominated for the position of Vice-Chair of the Joint Board of Management Niagara Area Courts for a one year term. Carried. Moved by Ms. Hanson Seconded by Mr. Kyne That the nominations for Vice-Chair of the Joint Board of Management Niagara Area Courts be closed. Carried. There being no other nominations, the Board, with the consent of Mr. Cronier and Ms. Kelly, declared tnem each Vice-Chair of the Joint Board of Management Niagara Area Courts, to serve on a rotating basis, for a one year term. Ms. Poulin assumed the Chair. JBM 2 , Joint Board of Management Report 1-2007 March 7, 2007 APPROVAL OF MINUTES 3. Report 4-2006 Moved by Mr. Kyne Seconded by Ms. Kelly That Report No. 4-2006, being the minutes of the Joint Board of Management Niagara Area Courts Teleconference meeting of November 29, 2006, be approved. Carried. 4. IT Support Services to Other Municipalities for Niaoara Software CSD 27-2007 Mr. Bernard, Manager, Court Services, provided an overview of Report CSD 27-2007, respecting IT Support Services to Other Municipalities for Niagara Software, noting this report was approved by Regional Council on February 8,2007. Moved by Mr. Cronier Seconded by Ms. Kelly That Report CSD 27-2007, January 31, 2007, respecting IT Support Services to Other Municipalities for Niagara Software, be received. Carried. 5. Recoverv of Collection Aoencv Costs CSD 30-2007 Mr. Bernard provided highlights of Report CSD 30-2007 respecting Recovery of Collection Agency Costs, noting he has prepared a letter on behalf of the Regional Chair to be sent to the Attorney General seeking approval to recover collection agency fees. He commented that it would most likely take approximately six months to receive a response to this request. This report was approved by Regional Council at its meeting of March 1,2007. Moved by Ms. Kelly Seconded by Ms. Hanson That Report CSD 30-2007, February 21, 2007, respecting Recovery of Collection Agency Costs, be approved. Carried. JBM 3 Joint Board of Management Report 1-2007 March 7, 2007 6. 2006 Year End Report for Provincial Offences Court Operations JBM 1-2007 Mr. Bernard provided an overview of the 2006 Year End Report for Provincial Offences Court Operations, highlighting the following: . The number of Provincial Offence tickets filed with the court increased 10.3% in 2006, the first such increase since 2002. . The introduction of Paytickets has proven to be very popular with the public, reducing administrative effort and accounting for 13.7% of the total number of payments received. . The chronic shortage of judicial resources resulted in the cancellation of 95 scheduled court dates (26% of available time) and negatively impacted 4,275 matters before the court. . Niagara's prosecutorial expertise relating to the Fire Prevention and Protection Act and the development of a Court Administration Management System is attracting favourable attention from stakeholders. Mr. Bernard commented that, notwithstanding the lack of judicial resources, the number of Provincial Offence tickets filed with the court increased and resulted in higher net revenue distributions. The Board was advised that the 2006 Actual POA Distribution will be $829,953. An increase from the previously budgeted 2006 POA Distribution of $750,000. Moved by Mr. Stirtzinger Seconded by Ms. Kelly That Report JBM 1-2007, March 7, 2007, respecting 2006 Year End Report for Provincial Offences Court Operations, be received. Carried. 7. Ministrv of the Attornev General Audit and ManaQement Letter JBM 2-2007 Mr. Bernard provided an overview of Report JBM 2-2007, March 7, 2007, respecting Ministry of the Attorney General Audit and Management Letter, highlighting the results of the financial, operational and management audit undertaken by staff from the Ministry of the Attorney General in July 2005. JBM 4 Joint Board of Management Report 1-2007 March 7, 2007 Moved by Mr. Cronier Seconded by Mr. Stephenson That Report JBM 2-2007, March 7, 2007, respecting Ministry of the Attorney General Audit and Management Letter, be received. Carried. 8. Correspondence - POA Guidelines Mr. Kyne, Director, Legal Services, provided an update on the status of the POA Provincial Guidelines matter, noting that Regional Council, at its meeting of March 1, 2007, referred Report CSD 34-2007 respecting the POA Guidelines back to the Corporate Services Committee. Mr. Kyne distributed information with respect to municipal prosecutions for the period 2004-2006. Ms. Kelly provided additional information related to Niagara Falls prosecutions in terms of fines levied. . 2003 - $36,000 . 2004 ~$234,000 . 2005 - $29,000 . 2006 - $32,000 Following discussion of the issues related to the POA Prosecution Guidelines and the concerns of the area municipalities as outlined in their correspondence, it was: Moved by Mr. Kyne Seconded by Ms. Kelly That the Joint Board of Management Niagara Area Courts endorse the POA Guidelines, as endorsed on November 29, 2006, with the following: i) That a fee for service of $75.00 per hour (for prosecutions) be charged to all municipalities requesting this service; ii) That there be a $25.00 file handling charge; iii) That municipalities requesting this service provide sufficient number of copies of files for disclosure for all defendants; iv) That Paragraph 2 of the POA Guidelines be deleted; v) That Paragraph 3 of the POA Guidelines be revised. Carried. ,Mr. Kyne advised that he would present the revised guidelines to Committee and Regional Council for approval and circulate the resultant resolution from Regional Council to all municipalities. JBM 5 Joint Board of Management Report 1-2007 March 7, 2007 CLOSED SESSION 9. Moved by Mr. Kyne , Seconded by ML Stirtzinger That this Board do now meet in Closed Session for purposes of receiving information of a confidential nature relating to a legal and property matters. Carried. 10. License Agreement with Ministry Citv of NiaQara Falls Confidential CSD 35-2007 (PWA 30-2007) Moved by Mr. Cronier Seconded by Ms. Hanson That Confidential Report CSD 35-2007 (PWA 30-2007), February 21, 2007, respecting License Agreement with Ministry, City of Niagara Falls, be received. Carried. 11. License Extension Agreement Town of Fort Erie Confidential Report CSD 36-2007 (PWA 31-2007) Moved by Mr. Cronier Seconded by Ms. Hanson That Confidential Report CSD 36-2007 (PWA 31-2007), February 21, 2007, respecting License Extension Agreement, Town of Fort Erie, be received. Carried. 12. Niaoara Police Services Board's Reouest Re: Court Securitv Costs Moved by Mr. Cronier Seconded by Ms. Hanson That Communication JBMC 2-2007, letter from Regional Chair Partington (January 21, 2007) to Mr. Larry Iggulden, Chair, Niagara Police Services Board respecting Niagara Police Services Board's Request Re: Court Security Costs, be received. Carried, JBM 6 Joint Board of Management' Report 1-2007 March 7, 2007 13. Moved by Mr. Kyne Seconded by Mr. Stirtzinger That this Board do now rise with report. Carried. 14. 2007 Meetino Dates Moved by Ms. Hanson Seconded by Mr. Stirtzinger That the following dates and time be approved for the 2007 Joint Board of Management Niagara Area Courts meetings: Wednesday, June 6, 2007 - 1 :30 p.m. Wednesday, September 5, 2007 - 1 :30 p.m. / Wednesday, December 5, 2007 - 1 :30 p.m. Carried. ADJOURNMENT The Board adjourned at 3:50 p.m. to meet again on Wednesday, June 6, 2007 at 1 :30 p.m. in C.R. 3. Annette Poulin Chair Gail Reilly Legislative Assistant Bill Bernard Manager, Court Services (Secretary, Joint Board of Management) JBM 7 c c c 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, held 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 Region. 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 byMr. 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 C) 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 Partv 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. 1st 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. c) Carried. 41. Ministrv 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 period 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 18 ( c ( 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 amendment was not necessary as the guidelines constituted a clarification on how prosecution services are to be provided. 43. 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 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 b~ 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 Operations 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 confidentiai nature relating to property, personnel and/or legal matters. Carried. 45. Report CSD 142-2006 A Matter of Securitv of the Propertv of the Municipalitv Mr. Kyne, Director, Legal Services, provided an update on Confidential Report CSD 142-2006. 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 , C) () (' ) c ( CSD 27-2007 January 31,2007 c Niagara" Region REPORT TO: Co-Chairs and Members of the Corporate Services Committee , SUBJECT: IT Support Services to Other Municipalities for Niagara Software RECOMMENDATION That this Committee recommends to Regional Council that: 1. Niagara Region enter into a.greements with other municipalities whereby Niagara Region will provide technical support services for CAMS (Court Administration Managel11ent System) software on a fee for service basis. 2. These agreements be reviewed by and satisfactory to the Director Legal Services. 3. Regional Council delegate to the Director Information Systems the authority to execute all necessary documents on behalf of Niagara Region. EXECUTIVE SUMMARY Niagara has been actively pursuing operational efficiencies in the administration of the Provincial Offences Act court system ever since this function was downloaded by the province. In Niagara, staff first developed a computer system for collection management (POA Collections) that helped automate business processes. This system was very successful and was offered to other municipalities free of charge on an "as-is" basis since 2002. A -number of them have taken advantage of this arrangement. Since that time a number of improvements have been made to the functionality of the system, greatly enhancing its effectiveness. This new version, called CAMS, has been used internally for about one year. We will once again make it available to 'other municipaliti~s free, of charge on an "as-is" basis. However, most of these municipalities have approached Niagara to offer support for the system on a fee-for- service basis. - 1 - CSD 27-2007 'January 31,2007 " o FINANCIAllMPLlCA TIONS More than 10 municipalities have expressed an interest in having Niagara support this system for them. This will generate some revenue for Niagara. Until detailed discussions and negotiations have been concluded, we do not know which municipalities will ultimately agree to this arrangement and therefore do not knoW the extent of this potential funding. Staff are proposing that the fee be on a sliding'scale, initially ranging from $1 ,700 to $2,800 per year per municipality, based on the number of cases in their court database. This will require staff time from the Information Systems Division to provide the support services, which should be offset by the fees. PURPOSE The purpose of this report is to obtain approval to enable Niagara to enter into agreements with other municipalities that would allow Niagara Region staff to offer support services for a computer system called CAMS. c) REPORT There has been a long tradition and practice of cooperation among Ontario municipalities to share experiences, best practices and results. Since local taxpayers fund municipalities, when one has produced something that can be used by another, it does not rnake sense for taxpayers to fund a similar initiative and "reinvent the wheel". This approach has extended to the IT area as well. Information Systems staff in Niagara have developed application systems for use internally by various operating units to automate their business processes, increasing efficiency and effectiveness .in the delivery of services to the Region's clients and taxpayers. Systems developed by Niagara have been used by other municipalities, , not just for POA courts' administration but in other functional areas as well, and Niagara has been able to take advantage of the development efforts of others as well, Staff are proposing to continue this arrangement with the recently updated CAMS system. However, some rnunicipalities, the smaller ones in particular, may lack the expertise to support this system and a number of them have approached Niagara Region to, provide these services for them. Staff are prepared to do this, on a chargeable basis. This will require the drafting of a legal agreement detailing the C) scope of work, the services to be provided and stating each party's obligations, - 2 - CSD 27-2007 January 31, 2007 ( responsibilities, liabilities, etc. IS staff will work with the Region's Director of Legal Services to compile this document to his satisfaction. SUMMARY The approach described above results in a "win-win" situation for Niagara and other Ontario municipalities and is consistent with CAO Mike Trojan's common staff objective of improved relations with the community. Staff therefore request Council approval to enter into agreements with other municipalities for providing technical support services related to the Niagara developed CAMS system. Submitted by: Approved by: c Ji# Commissioner of Corporate Services Mike Trojan Chief Adrninistrative This report was prepared by Bob Diakow, Director, Information Systems - 3 - ( .. C( cc ( CSD 30-2007 February 21, 2007 Niagara 911 R.egion REPORT TO: Co-Chairs and Members ofthe Corporate Services Committee SUBJECT: Recovery of Collection Agency Costs RECOMMENDATION That this Committee recommends to Regional Council that: 1.' Niagara Region's Fees and Charges By-law be amended to permit recovery of the collection agency fees outlined in Appendix "A" to this report; and 2. on behalf of the Regional Municipality of Niagara, the Chair be directed to write the Attorney, General of Ontario requesting the Attorney General's consent to immediately permit Niagara Region to commence recovery of collection agency fees in relation to Provincial Offences Act ("POA") collections. EXECUTIVE SUMMARY Section 304 of the Municipal Act permits a municipality that uses a registered collection agency in good standing under the Collection Agencies Act to recover a debt, including taxes, payable to the municipality, to also allow the collection agency to recover its reasonable costs of collecting the debt as long as those costs shall not exceed an amount approved by the municipality. In 2005 and 2006, Niagara Region incurred approximately $301,000 in collection agency costs-approximately $184,000 of which was incurred collecting outstanding POA fines. Specifically with respect to POA recoveries, the Ministry of the Attorney General has recently granted municipalities approval to recover collection agency fees, subject to receipt of a written request accompanied by a copy of the municipal by-law authorizing such recovery. 1 CSD 30-2007 February 21, 2007 Staff therefore recommend that these, costs be added to the Fees and Charges By-law to permit recovery and that the appropriate request be made to the Attorney General with respect to POA collection agency costs. () FINANCIAL IMPLICATIONS With the approval of Regional Council and the Ministry of the Attorney General, the potential exists to recover all collection agency fees incurred by Niagara Region. The ability to recover these fees would have saved Niagara Region (and the local municipalities) approximately $301 ,000 in 2005 and 2006. PURPOSE The purpose of this report is to obtain Council approval for the recovery of collection agency fees and to obtain the Attorney General's agreement for the recovery of collection agency fees relative to POA operations. ' BACKGROUND Section 304 of the Municipal Act provides that "if a municipality uses a registered collection 'agency in good standing under the Collection Agencies Act to recover a debt, including taxes, payable to the municipality, the collection agency may also recover its reasonable costs of collecting the debt but those costs shall not exceed an amount approved by the municipality" . () Consistent with the wording of Section 304 of the Municipal Act, the Ministry of the Attorney General recently began approving requests from municipalities to recover collection agency fees related to delinquent Provincial Offences Act fines, subject to , receipt of a written request from the municipality accompanied by a copy of the municipal by-law authorizing such recovery. ' REPORT When debts owed to Niagara Region cannot be recovered using internal resources, staff engage the services of collection agencies registered under Collection Agencies Act to assist in debt recovery. In 2006, Niagara Region incurred approximately $132,000 in collection agency costs-approximately $99,000 of which was incurred collecting outstanding POA fines. In 2005, Niagara Region incurred approximately $169,000 in collection agency costs-approximately $85,000 of which was incurred collecting outstanding POA fines. POA courts staff are responsible for initial collection procedures on delinquent fine payments. When an account enters delinquency, staff verify the address and send a () <Le 2 ., CSD 30-2007 February 21, 2007 (( delinquency notice. The notice is intended to generate full payment of the delinquent account or payment arrangements agreeable to Niagara Region. In 2006, staff efforts resulted in the recovery of $ 1,230,606 in delinquent POA fines or approximately 67% of total delinquent fines recoveries for the year. If the delinquency notice does not generate full payment or payment arrangements agreeable to Niagara Region, the account is referred to contracted third party collection agencies for further action. Two types of fees are charged by collection agencies. "First placement" fees are charged by the collection agency that has the first opportunity to collect the debt and is successful in doing so. "Second placement" fees are charged on debts recovered by an agency where the debt was previously attempted to be collected by another collection agency. Second placement fees are higher as the debts are more difficult to recover. In both cases, if the agency is unsuccessful in collecting, no fee is paid. In 2006, approximately $ 99,000 was paid in collection agency fees, based on their recovery of delinquent POA fines having a value of $ 587,260. This amount represents approximately 37% of total delinquent fine recoveries for the year. cc For POA recoveries, Niagara Region recently concluded a RFP competition for third party collection agency services and awarded a two (2) year co,ntract to two (2) new service providers, effective January 1, 2007. Collection agency fees for first placement accounts (both consumer and commercial) are 14.9%. Second placement fees are 19.5% for consumer accounts and 14.5% for commercial accounts. For non-POA recoveries, Niagara Region engages another collection agency which charges the fees outlined in Appendix "A". CONCLUSION , It enhances the financial interests of Niagara Region and (given the revenue sharing arrangements for POA revenues) all local municipalities if the legal mechanism to recover collection agency fees incurred in recovering outstanding debts can be put in place. Staff therefore recommend that collection agency fees be added to the Fees and Charges By- law and that the Attorney General's consent be sought to recover such fees incurred in recovering POA related debts. ohn Bergs a Commissi ner of Corporate Services /cm This report was prepared by Bill Bernard, Manager, Court Services with input from Jackie Foley, Collections Coordinator, Brenda Garrett, Manager, General Accounting and Mike Kyne, Director. Legal Services. C( 3 CSD 30-2007 February 21, 2007 . APPENDIX "A" <<?-) l NIAGARA REGION COLLECTION AGENCY FEES AND CHARGES FOR COLLECTIONS R.ELATED TO PROVINCIAL OFFENCES ACT OPERATIONS: 1. First placement accounts (both consumer and commercial)--14.9%; 2. Second placement fees--14.5% for commercial accounts; and 3. Second placement fees--19.5% for consumer accounts. FOR ALL OTHER COLLECTIONS ON BEHALF OF NIAGARA REGION: 1. COMMERCIAL ACCOUNTS: . 25% of the first $3000 collected; . 17% of the next $2000 collected; . 12% over $5000 collected; and . Consumer rates apply to collections under $500 () 2. CONSUMER ACCOUNTS: . Accounts. over $150 and less than 1 year 0Id--35%; . Accounts requiring legal action-A2%; . Accounts over 1 year old at time of Iisting--50%; . Accounts of $150 and uflder--50%; . Claims previously subject to legal action or other collection agency--50%; and . Debtors not at address provided by Niagara Region or account requires locate or skip tracing service--50% ,N.B. "CONSUMER" ACCOUNTS REFERTOTHOSE INVOLVING INDIVIDUAL DEBTORS "COMMERCIAL" ACCOUNTS REFER TO ALL OTHER DEBTORS INCLUDING BUSINESSES, CORPORATIONS, PARTNERSHIPS, COMPANIES,C ') INSTITUTIONS, GOVERNMENT AGENCIES EtC ~,/ 4 " Report JBM 1-2007 March 7, 2007 I ( '. Niagara.. Region REPORT TO: The Chair and Members of the Joint Board of Management, Niagara R.egion Courts and The Co-Chairs and Members of the Corporate Services Committee SUBJECT: 2006 Year End Report for Provincial Offences Court Operations RECOMMENDATION ( That this Board recommend to Corporate Services Committee that: This report be received for information; and This report be circulated to local area municipal councils for their information. EXECUTIVE SUMMARY · The number of Provincial Offence tickets filed with the court increased 10.3% in 2006, the first such increase since 2002. · The introduction of Paytickets (an electronic payment option) has proven to be very popular with the public, has reduced administrative effort and accounted for 13.7% of the total number of payments received. · The chronic shortage of judicial resources resulted in the cancellation of 95 scheduled court dates (26% of available time) and negatively impacted 4,275 matters before the court. ( · Niagara's prosecutorial expertise relating to the Fire Prevention and Protection Act and the development of a Court Administration Management System is attracting favourable attention from stakeholders. ' . 1 Report JBM 1-2007 March 7, 2007 " "' . Total gross revenue increased $ 80,787 (1.5%) over the prior year to $ 5,523,381. . Post~transfer delinquent fine revenUE) increased by $ 34,612 (2.3%) over the prior year to $ 1,526,762. Pre-transfer delinquent fine revenue decreased by $ 89,265 (23.5%) to $ 290,578, reflecting the increasing difficulty in collecting these aged accounts. o . Total gross expenditures decreased by $ 89,660 (1.9%) from the prior year to $4,690,861. . Upon completion of the annual POA audit, it is anticipated that net revenue distribution to area municipalities will increase by $ 170,447 (25.7%) over the prior year distribution and will total $ 832,520. An equal share will go the Region. . Since the devolution of POA courts, area municipalities have received $ 7,469,060 in net revenue distributions with an equal share going to the Region. FINANCIAL IMPLICATIONS Reductions in available court time (due to the lack of judicial resources) continue to hamper public access to the courts and tarnish the integrity of the judicial system. Offsetting the impact of judicial shortages was a 10.3% increase in the number of tickets filed with the court in 2006. As a result, the net revenue distribution to area municipalities increased by 25.7% over the prior year and will total $ 832,520. An equal share will go to the Region. c) PURPOSE The purpose of this report is to update the Joint Board of Management - Niagara Region Courts, Regional Council and area municipal councils on matters pertaining to the administration of the Provincial Offences Courts (POA) for the year 2006. BACKGROUND Pursuant to the Memorandum of Understanding (MOU), the Local Side Agreement (LSA) and the Inter-Municipal Agreement, the Regional Municipality of Niagara acts as agent on behalf of the twelve local area municipalities and administers Provincial Offences Courts (POA) in Fort Erie, Weiland, NiagaraFaHs and St. Catharines. POA courts address a high volume of minor traffic violations related to the Highway Traffic Act, minor federal offences, municipal by-laws and more serious matters such as charges relating to the Compulsory Automobile Insurance Act, the Environmental Protection Act, (" the Fire Prevention and Protection Act and the Alcohol and Gaming Control Act, to name a ) few. 2 v Report JBM 1-2007 March 7, 2007 ( \ " REPORT POA Court Administration On a daily basis, POA staff in three permanent court sites (Niagara Falls, Weiland and St. Catharines) and one satellite location (Fort Erie) work diligently to serve the public while addressing a high volume workload. The table below provides a statistical summary of selected activities and services provided to the public for the period of 2002 (the first full year of POA court operation) to 2006. POA - Quick Facts 38,946 45,345 44,348 44,089 43,802 <6% 33,639 35,265 35,014 36,087 35,410 - 1.9 % C 631 (partial Paytickets N/A N/A year from 3,266 4,865 '+49% Au ust Suspensions N1A 5,165 4,946 3,915 7,228 +84.6% Applications for N/A 1,573 1,874 1,867 2,059 +10.3 % Extensions Appeal 196 353 370 457 402 -12 % applications Re-openings 194 222 164 179 +9.1% Transcript -2.6% requests The introduction of the Paytickets electronic payment option appears to be very popular with the public and in 2006 accounted for 13.7% of the total number of payments received. The increase in license suspensions in 2006 is linked to a delay in processing C suspensions during the last quarter of 2005 when staff were focused on completing the Weiland forensic audit. 3 Report JBM 1-2007 March 7, 2007 " Applications for extensions are granted by judicial decision and increased by 10.3 %. At the end of 2006 staff were monitoring, on a monthly basis, nine hundred and eighty eight (988) extensions. o For the first time since 2002, the number of Provincial Offence tickets filed with the court increased (+10.3%) when compared to the prior year. . Tickets filed with the court are considered a measure of local enforcement levels and directly impact the revenue stream. Provincial Offence Tickets Filed with the Court* (2001-2006) 45000 40000 35000 30000 25000 20000 15000 10000 5000 o 40835 4I'Io",,^,",p . 34758 ^^^^~ IIlill!1111 ~~~l~\nm ::::;:::::::;:::;:::::: 33485 - - [~~~ij~j~i~~~[~ ~~~~~~~11~~~~ .:~.:.:.:.~:.;.:.;.: - ...NN....N.. :;::::::~:~::::;~;: .;.;-;.;.:.;.;.;.;.;.: :::;::::~::::::::::~. .:i:~~:l:H:~:i ~~1j~jiif~~i~[l: :.;.:{.:.;.;.;.;.:.:. :.:-:.:-:.:.:.~:.z. .:.;.;.;.;.;.:.;.;.;.; . - ;.:.;.:.:-:.:.:.;.:.:.; ........,.,.....,.... ~lili~;~~~~rJt~ ~f~i~~[~j~r~~~~j. - .j~~:j~jtmm ::::~:;::;:::::~:~~ ~:%if~:~H: ~~~~~i~~~l~~~ .;.:.;.}:.:.;.;.:.;.: . - :;::~;~~~:m::~ :~::::::::::;::::;::;:. ~:K~:m~}~: ~:~~:~~:~fif :::::~::::~::;:::::: - :.;.;-:-:.:.;.;.:.:.:. :;:::~:~::~::~:} %l~rr ~~~~l~~@~~ ~~::::::;?:::::~:: - :~:*ml~;~:~ ::::;:;:;:::;:::::;:::. ::::;:::;~:::~~:;:~ i:~~~NW:m: - .:~:::::~~:~~:::: :m~~mm~ ....................... i}~:~:~t:~f Nltt~ ................~.... ~~@~*~n~t~ ::~:~::;:::::::::::: :::::::::=::::::::::;: - .@@@t [j~~j)W~~~~~~~ij i:~g~:~:~;g~: ;.-:-:.:.:.:.:~.;.:.:. ::::::::;:::::::::::;: - :l!!lllilllll ~~l*1~% :::::~::;;::::~:~:: ~~~~~;m~jHi iljilll~!i!l!l. :;::;;:::::::~;:;::.-: - .:.:.:.:.:.:.:~.:.:.:. :::::::;:::;:~:~:~: - ! !III!I.! II.; :;:::::;:;::::@::: l~~ii~1~;l@~!~~1 li,t\iiiJI :;:::;:::::::~::::~: nFt?~: - :!i!j~ji~li~l~i :::::::::::::::::::::= - .....v......,..'.... ~ill]tM~~~f~ mmM~t ../,................. :.:.;.:.:<.:.:.:.:.~: rmmn: :;:::~::~:~::;::;:~ .;.:.;.:.:-:.;.:.:.:.:. ::;:::;::;::::;~;8; . , , 2001 2002 2003 2004 2005 2006 l) ~, .Source: ICON BILLINGS Service Enhancements A computer software program (CAMS) was developed to link collections functions with administration functions. This program allows for improved customer service through enhanced search capability for offender information, easier capture and retrieval of previously unobtainable information, reduced administrative effort and a single linked data base for use by administrative and collections staff. POA and information technology staff worked collaboratively to implement a process change resulting in the electronic capture of daily and monthly RICO reports. This process improvement will result in annual savings of approximately $ 17,000 based on staff time savings of approximately twenty four hours per month and additional savings on office supplies including paper, print cartridges and "per copy" leasing costs. Following development of POA criteria and standards a compressed work week initiative was introduced in October, 2006. This initiative has been extremely well received by staff, has contributed to the development and monitoring of measurable work standards, and has made a positive impact on staff morale and team collaboration. C) 4 " Report JBM 1-2007 March 7, 2007 Intergovernmental Collaboration & Partnerships Staff continued their active participation in provincial associations advocating for positive legislative changes to benefit all stakeholders who utilize the Provincial Offences Court. The Manager, Court Services continued his representation as the Central West Judicial District appointee to the Board of Directors of the Municipal Court Managers Association of Ontario (MCMA). He serves on the Executive Committee as Treasurer. The Supervisor, Court Administration served as Chair of the MCMA Forms Sub- Committee which represented fifty participating MCMA municipalities and which issued and evaluated a request for proposal for printing services for a court regulated form. All participating municipalities realized cost savings as a result of this collaborative initiative. The Regional Prosecutor assigned to our Niagara Falls court continued serving on the Board of Directors of the Prosecutors Association of Ontario (PAO). She also served on the education and legislative sub-committees of that association. The Collections Co-ordinator continued her active involvement with the MFOAlPOA Collection Committee. That committee is closely monitoring its submission on legislative change to the province which, if adopted, will enhance and strengthen collection efforts. C Judicial Resource Shortages Judicial resource shortages delay access to the court for those members of the public who wish to resolve their matters by way of trial, limit public access to intake court services, undermine the integrity of the judicial system and have a negative effect on public safety. In November 2006, in a meeting with Regional staff, the Regional Senior Justice of the Peace for the Central West Judicial Region (which includes Niagara) noted that the Central West Region was the largest in Ontario with a population of 2.8 million, had a growing volume of criminal, POA and other matters to deal with and confirmed that criminal matters took precedence over POA matters. His Worship stated that Central West had a shortage of fourteen (14) Justices of the Peace with three pending retirements, including one in Niagara. In the interest of greater judicial efficiency, the Regional Senior Justice has discussed and is considering the merits of consolidating two intake courts currently scheduled in Nii'lgara Falls and St. Catharines to one (1) full day intake court in a single location (St. Catharines). To date no action has been taken in this regard. c Partially in response to judicial shortages, the Attorney General recently introduced the Access to Justice Act which, among other things, allowed for the appointment of per diem Justices of the Peace. While Niagara has seen some benefit from implementation of per diem appointments such appointments can only be considered a temporary measure of relief. The Ministry of the Attorney General is currently studying the results of a 5 Report JBM 1-2007 March 7, 2007 consultants review of its judicial complement. , It is not known what action may result from 0 that study and review. Noting the upcoming provincial election and the lengthy training period for new judicial appointees, it is unlikely that relief from the chronic shortage of judicial resources will occur in 2007. Chronic judicial shortages resulted in a 13.6% decrease in courtroom utilization from the prior year. Province wide the decrease in courtroom utilization was 6%. Courtroom Utilization 2002 ~ 2006* 1500 :::::::::::' :;:::::::::: .;.;.;.:.:. ~~H~H~r ::~!i~li!: ~:~:~:~:~:~ 'III'!II!I! 1 000 mmmlf 1~jj~~1~1~~~ ~m~m~~~: ~mU~~~i ;:::::;::::: :: :::;:;::=:=; :; liii!iiili!: !!W!!!W Wiimm! :: 500 ni~mm: :: - :: ~ ~ j! j ~ 1! 1 j ~ : Hmm~~: [~l~U~U~ ! ~ HHHH~~1: :;:;::::=:: ::::::;::::: HnnH~n .:.:.:.;.;.: 0 ::;::=:::=;' ~:~:~:~:~n: 2002 2003 2004 2005 2006 10 Total Hours 1 328.6 1 352.8 1 341 1 01 0 872 ,. () * Source 2002 & 2003 -- Verified Court Utilization Report * Source 2004 - Municipal POA Court Activtty Report The following chart illustrates the number of court closures for the period 2005-2007. Year # of Court Closures Tiers Lost # of Matters Impacted % Loss of Scheduled Courts 2005 53 159 2,385 14% 2006 95* 285 4,275 26% 2007 54** 162 2,430 11.6% *116 days initially closed on calendar - 21 re-opened as resources became available ** as of the writing of this report () 6 ( \. c ( '-~ Report JBM 1-2007 March 7, 2007 In addition to court closures, there were service reductions to the public occurred through the loss of twenty-two percent (22%) of intake court hours. Intake courts provide an option for the public to resolve the matter in dispute (without going to trial) by pleading guilty with an explanation in the hope of reducing the fine amount. Intake courts are also utilized by the public and enforcement agencies to swear informations pertaining to more serious matters which may then result in the issuance of a summons to appear to the defendant. POA Prosecution Activities In 2006, Niagara's POA courts experienced a 9.1 % decline in the total number of matters disposed of by the court (7,251 vs. 7,981). This decline reflects the loss of available court time due to judicial shortages. Notwithstanding the overall decline in matters disposed by the court, we have witnessed an ever-increasing number of municipal prosecutions, most notably under the Fire Prevention and Protection Act. Recognizing the need to assist area municipalities in regard to municipal prosecutions, the Joint Board of Management recently approved Prosecution Guidelines. A report in this regard was recently received by Regional Council. The City of Niagara Falls through the Niagara Falls Fire Department has, since 2003, taken a zero tolerance approach to fire code violations. Fire code matters are significantly more complex and time consuming to prosecute than traditional matters heard in POA court. The zero tolerance approach taken by the Niagara Falls Fire Department and the success of our POA Prosecutor in pursuing these matters before the courts has resulted in Niagara being recognized as the leading edge in enforcement and prosecution of fire code offences in Ontario and has raised awareness in other provinces for the need to adequately enforce the provisions of the fire code. In recognition of her experience and expertise in prosecuting fire code matters, our POA Prosecutor has delivered a number of presentations to interested stakeholders including Justices of the Peace, law enforcement officials and fire prevention officers. Niagara staff has been contacted by prosecution and enforcement agencies throughout Ontario and across Canada for assistance in preparation of cases and copies of any case law resulting from our prosecution efforts. POA Delinquent Fine Collections In 2006, an average of 584 new delinquent cases were received each month and added to the delinquent fine portfolio. The table below provides an historic profile of Niagara's delinquent fine portfolio for the years 2002-2006. 7 Report JBM 1-2007 March 7, 2007 Delinauent Fines Portfolio (2002-2006) () ........ .1.1:11.! ........ ::::::;: :::::::: ..,..... .....'.. ::::::;: ..,..... illlllll ::::::;: . ........ ........ ..,..... i!illll!! ..,..... . ,""'" = .....'.. ..,..... UWH~ ........ ::;:::::: ........ ~[U~~~ ~~~mm - ........ ..,..... ~m~n ........ ........ :.:.;.;. ........ .;.:.:.: ~}~HH ..,..... :::::::; - ........ w~m~ ........ :;:::::: .'...... ~ ~ j ~ j l ; ~ ;H1;n: ::.;.:.: :::::::: 2002 2003 2004 2005 2006 M iIIions $ 20.2 22.3 22.4 1 8.0 1 8.2 # of Cases 50,278 49,586 49,1 02 28,321 27,689 Enforcement POA staff collection efforts include the use of demand notices, suspension of driver's licences, negotiated payment plans, use of third party collection agencies and civil enforcement. When successful arrangements for payment cannot be negotiated, POA staff initiate civil enforcement in Small Claims/Superior Court to enforce payment. Civil enforcement includes the use of judgment debtor examinations that are arranged and conducted in court to obtain disclosure of the offender's assets and to determine the offender's ability to pay. In many cases payment plans are negotiated and the court endorses a consent order for payment. r) ,~ When an agreement to pay cannot be reached in court, enforcement by way of garnishment of wages, bank accounts or writs of execution are undertaken by POA staff. At the conclusion of 2006 staff had secured 6,053 cases (an increase of 242 cases or 4% over 2005) having a value of $ 9 million by way of a certificate of default, thereby retaining Niagara's right to proceed by way of civil enforcement. Negotiated payment plans and civil enforcement are by nature long term arrangements and thus contribute to the increasing dollar value of receivables. The two biggest challenges staff face are locating the offenders to initiate enforcement and the large number of offenders currently on social assistance, which precludes garnishment. The charts below provide an historic profile of Niagara's delinquent fine revenue for the years 2002-2006. It is important to note that POA collections staff, in partnership with third party collections agencies, have collected in excess of $9 million of delinquent fines owed. () 8 ; Report JBM 1-2007 March 7, 2007 POA DelinQuent Fine R.evenue . Collection Historv for 2002 _ 2006 Total delinquent fines revenue in 2006 declined by $54,653 (2.9%) when compared to 2005. $2,000 000 $1,50 $1,00 $50 Total DelinQuent Fines Revenue (2002 . 2006 Total = $9,039,890) , 0,000 f-- 0,000 f-- 0,000 - $0 i:::::>::> 2002 2003 2004 2005 2006 I Total $1,377,157 $1,995,004 $1,975,396 $1,871,993 $1,817,340 Industry experts estimate a 1-5% recovery rate for pre-transfer delinquent fines (i.e. matters having a sentence date before the transfer date of January 29, 2001) based on the age of the portfolio. POA collection staff in conjunction with third party collection agencies has recovered $ 2,528,853 (approximately 16%) of the overall pre-transfer portfolio which totaled some $ 15.8 million. In 2006, pre-transfer delinquent fine revenue declined by $89,265 (23.5%) from the year prior. Collection staff anticipate that pre-transfer delinquent fine revenue will continue to decline in 2007, and beyond, due to the decreased ability to collect cases as they age. ( $750 000 $600 $450 $300 $150 ( - ,Pre Transfer DelinQuent Fines Revenue* (2002.2006 Total = $2,528,853) , ;.;.;.:.:.:. ,000 i;: ~: ~: i : i:! [Iiililillil ,11111111111' ,000 ::=::::;:::: ............ .:.;.;.:.;.:. ,000 !11.m'i,l, ..........'.. WWWW ...... ...... .. :::;:; ,000 iwmmm .......,.... ~W1i - ~i!1WiWj ............ ':::::::=:=:: .. ii ~n! i! i~ i! ,'. .:~n;i;~\~ '.' $0 :.:::::;:-:: .'. 2002 2003 2004 2005 2006 I Total $525,872 $723,183 $609,377 $379,843 $290,578 9 Report JBM 1-2007 March 7, 2007 Delinquent fine revenue collected on post-transfer fines (i.e. matters having a sentence C). date after the transfer date of January 29, 2001) increased by $34,612 (2.3%) from the prior year. Post Transfer DelinQuent Fines Revenue (2002.2006 Total = $6,511,037) $2,000 000 $1,500 $1,000 $500 , ,000 :-:-;.;.; .:.;.;.;.;.:. ;:;:::;:: ,000 .:::::::::::; ~~~~;~i~j~jn ~~~j~~~;~ - ..'......... ::::;:;:: ~~HU~~i!~ :; : i: ~:; : ~ : ;: ;=;::=;:: " :;:;:::::;:: ;.:.;.;.;.;." ;=;=:::=: ,000 - ;:;=;:::;::: - ~j~~j~~j~j~~ .:-:.:.:.:.: ;:;:::;:; $0 , , , , , , , , j}n~~~}. }HHH 2002 2003 2004 2005 2006 I Total $851,285 $1,271,821 $1,369,019 $1,492,150 $1,526,762 In support of staff collection efforts, a request for propo~als for third party collections services was issued in late 2006. The RFP resulted in a contract for services being awarded to two new service providers effective January 2007. () Other POA courts, the private sector and staff from the Ministry of the Attorney General's office view Niagara's collection operation as a leader in the field of POA collections. In recognition of such expertise, in 2006 POA staff hosted municipal collection staff from Sarnia, Guelph, Owen Sound, Chatham, Kawartha Lakes and the Counties of Stormont, Dundas and Glengarry. Attendees gained insight into Niagara's collection processes and procedures and viewed Niagara's collection software system. Several municipalities have expressed an interest in utilizing Niagara's collection software system and may purchase software support services in the future. Net Revenue Pursuant to the Inter-Municipal Agreement any net revenue resulting from the operation of POA courts is to be shared between the twelve local area municipalities and the Region on a 50/50 basis. The share for each local area municipality is based on prior year total assessment values. The chart below summarizes net revenue distributions for the period 2000 - 2006. o 10 Report JBM 1-2007 March 7, 2007 / POA Revenue & Expenditure Summarv (2000 - 2006) f " Total Gross $2,923,212 $7,308,947 $5,721,625 $5,982,658 $6,488,591 $ 5,442,594 $5,523,381 Revenue T otaf Gross $1,923,212 $5,734,942 $4,554,625 $4,835,376 $5,402,411 $ 4,780,521 $4,690,861 Expenditure Net $1,000,000 $1,574,005 $1,167,000 $1,147,282 $1,086,180 $ 662,073 $832,520 Revenue** '2001 figures include one-time additional dollars from Provincial distribution of 1998/199912000 surpluses. "Amount shown was paid to local area municipalities with an equal share to the Region Gross revenue in 2006 increased by $ 80,787 (1.5%) over the prior year, primarily on the strength of delinquent fines recoveries. Gross expenditures decreased by $ 89,660 (1.9%). Net revenue of $ 832,520 will be distributed to area municipalities and the Region as per the Inter-municipal Agreement revenue sharing formula. Since the devolution of POA courts, area municipalities have received $ 7,469,060 in net revenue distributions. An equal share has gone to the Region. The lack of new judicial appointments to the Central West Judicial District (which includes Niagara courts), the low priority of POA courts and the lengthy training required for newly appointed Justices of the Peace indicate that 2007 will be another challenging year for the POA courts. Submitted by: Bill Bernard Manager, Court Services ( This report was prepared with input from Anne Rose, Supervisor, Court Administration, Jackie Foley, Collections Co- ordinator and Nancy MacDonald and Ed Rasiulis, POA Prosecutors. 1 1 c c ( " JBM 2-2007 March 7, 2007 Niagara.. Region REPORT TO: The Chair and Members of the Joint Board of Management, Niagara Region Courts and The Chair and Members of the Audit Committee SUBJECT: Ministry of the Attorney General Audit and Management Letter RECOMMENDATION That the Joint Board of Management, Niagara Region Courts, recommend to Audit Committee and Regional Council: That the Ministry of Attorney General's Audit Report, POA Operations for the Regional Municipality of Niagara be received and That management's responses to the auditors' detailed findings and recommendations contained in the attached report be approved. PURPOSE The purpose of this report is to inform the Joint Board of Management, Niagara Region Courts and the Region's Audit Committee of the results of the financial, operational and management audit undertaken by staff from the Ministry of the Attorney General in July 2005. BACKGROUND Report CSD 72-2004, approved by the Region's Audit Committee established the fundamental financial management accountabilities for Agencies, Boards and Commissions (ABC's). One of the fundamental financial management accountabilities for ABC's is the requirement for Audit Management Letters and Financial Statements to be provided to the Region's Audit Committee for information, after having been dealt with by the Agency, Board or Commission. REPORT In July 2005, staff from the Ministry of the Attorney General (MAG) Corporate Planning Branch conducted their first ever audit of the POA operations at the Regional Municipality of Niagara. This week long audit included a review of all POAoperations of the municipality with a special focus on the financial, operational and management aspects of the operation. On October 31,,2006 the final auditreportwas received, along with a cover letter which requested a management response by January 12, 2007. 1 JBM 2-2007 March 7, 2007 The Provincial Offences Act (POA) establishes the legislative authority for the Attorney General to enter int~O agredemeta~tsf.authoriZing municipalities to perform POA courts administration and () prosecu Ions an re In Ine 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. This audit is authorized under the Transfer Agreement. 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. As part of its 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 investigation. Attached is the original audit report which includes the findings, recommendations and management's response (shown in italics) to each issue. Management responses have been developed and the corresponding measures have been implemented by POA management and Corporate Services staff. It is our belief that we have appropriately addressed each of the recommendations noted in the report. I~) ~./ SU 1\1I MARY All matters brought forward by the MAG auditors have been dealt with by POA and Corporate Services staff. Provincial Offences Court Operations are in compliance with this aspect of the Region's financial accountability framework for Agencies, Boards and Commissions. Submitted by: Bill Bernard Manager, Court Services (attach.) C) '- 2 Niagara9/l! Region PROVINCIAL OFFENCES COURT ADMINISTRATION 4635 Queen Street, P.O. Box 840, Niagara Fails ON L2E 6V6 Teiephone: 905-371-8988 Toil Free: 1-866-278-8303 Fax: 905-371-9855 www.regional.niagara.on.ca ( January 11, 2007 Lynn Norris A1Director, Corporate Planning Branch Court Services Division Ministry of the Attorney General 720 Bay Street,. 2nd Floor Toronto, ON M5G 2K1 Dear Ms. Norris: In July 2005, staff from the Ministry of the Attorney General Corporate Planning Branch conducted an audit of the POA operations at the Regional Municipality of Niagara. This audit included a review of all POA operations of the municipality with a special focus on the financial, operational and management aspects of the POA operation. (~'1 October 31, 2006 the final audit report was received, along with your cover letter which requested '" management response by January 12, 2007. Enclosed is a copy of the original audit report with our response to each specific recommendation shown in'italics in the body ofthe report. It is our belief that we have appropriately addressed each of the recommendations noted in the report. If you have any questions regarding our response to the audit or believe that further action is required on our part with respect to any of the recommendations, please do not hesitate to contact me at 1-866-278-8303 ext. 333. Yours truly, Bill Bernard Manager, Court Services c: Ann Merritt, Assistant Deputy Attorney General, Court Services Division Furhad Yaquiban, Comptroller & Audit Lead, Corporate Planning Branch Jeremy Griggs, Manager, Provincial Offences Act Unit . Chair and Members, Joint Board of Management, Niagara Region Courts Co-Chairs and Members, Corporate Services Committee Michael Kyne, Director, Legal Services, Regional Municipality of Niagara ( Building Community. Building Lives. , C Ministry of the Attorney General Corporate Planning Branch - POA Unit AUDIT REPORT POA OPERATIONS THE REGIONAL MUNICIPALITY OF NIAGARA ,- TABLE OF CONTENTS c '-- PAGE NO. 1. INTRODUCTION 1 2. BACKGROUND 1 3. AUTHORITY TO UNDERTAKE AN AUDIT 1 4. OBJECTIVES 2 ( ..- 5. SCOPE 2 6. OPINION 2 7. CONCLUSION 3 8. DETAII,.ED FINDINGS 3 9. MANAGEMENT RESPONSES 3-10 /-) '-- 1 c 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) governs 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 investigation. 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 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 tinie 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 1 I requirement under the Transfer Agreement is reported, the Municipal Partner shall bear all costs and expenses for the audit. . ,. C,p 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 2 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. c 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 arid 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 there are no delays in providing such reports. Manaaement Response Financial Reporls (Annual & Semi-annual): The required Financial Reporls, both annual and semi-annual, have been filed according to the Transfer Agreement since the responsibility for POA was downloaded to the Regional Municipality of Niagara on January 29, 2001. Operational Reports (Annual): Following the MAG audit and during an exit interview held on July 15, 2005, POA staff was advised that reporls for the years 2003 and 2004 had not yet been received. Both reporls were forwarded to MAG on August 15, 2005. A follow-up system has been established to prevent a recurrence of this oversight. 3 . , ' Incident Reports (as and when they occur): There have been no delays in filing these reporls with MAG. ' , " - ,. 2. ' FINES IMPOSED ON MUNICIPALITY c 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. RECOMMENDA liON 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. ( Management Response The fine total of $ 201,035 represents four (4) matters. The first was a conviction registered against the City of Thorold with a fine payment of $ 405 received in April 2001. The second and third matters were two (2) convictions registered against the City of St. Catharines with fine payments of $ 315 per count (tota/=$ 630) received in September 2003. The fourlh matter was an offence dating from March 1996 with a conviction being registered against the Niagara Falls Hydro Electric Commission in September 2000. The $ 200,000 fine was paid in May 2003. A cheque in the full amount of $ 201,035 was remitted to the Province on August 19,2005. Corporate Services staff are aware that fines imposed on serviced municipalities must be remitted to the Province. A further review of all RICO 1003 reporls since the audit have been completed and no other fines payable to the province have been identified. This process has also been added to the monthly procedures for the POjJ. Accountant. 3. COURT SECURITY , /-, Our audit disclosed that the Niagara Regional Police services conducted a security assessment of the ' ~J Regional Municipality of Niagara POA courts. They used benchmarks provided by the Ontario 4 Provincial Police (OPP) and the former Ministry of the Solicitor General (now Ministry of Community Safety and Correctional Services). C 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 I We recommend that security deficiencies identified by the Niagara Regional Police Services be implemented as soon as funds are available. ManaaementResoonse A reserve fund to address security deficiencies was established in 2004 and annual contributions to this reserve continue. Solutions to the identified security deficiencies are contingent upon the outcome of a courl facilities review which is expected to be completed in 2007 and which will examine the current model of operating multiple courl sites in Niagara. Cerlain security deficiencies are contingent upon Niagara Regional Police Courl Security staffing levels. r- '--- 4. COURT CLOSURES AND ApPEALS Municipality management informed us that in the year 2005, the Region of Niagara was expected to lose some 53POA 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 continuing 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. 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 5 . ,. 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. 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. c ) RECOMMENDA liON 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. ManaaementResponse The Region of Niagara, along with many other municipalities and interested stakeholders, has advised the Attomey General on several occasions over the past 3 years of the dire shorlage of judicial resources, the negative impact such shorlages were having on public access to the courls, and the damage being done to the integrity of the judicial system. Verified courl utilization reporls provided by MAG for Niagara courls confirm a reduction in courl utilization from 923.9 hours in 2004 to 697.2 hours in 2005, a loss of 226.7 hours or 24.5% of courl time. c. 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. 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. /", ) '''' 6 ( . The prosectuor's offiCe being located in the POAadministration office in both NiagOara Falls and in 51. 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. 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. Manaaement ReslJonse The recommendation for daily verification of the Offence Change Journal (RICO 1040) was implemented November 14, 2005. The POA Accountant in Corporate Services has recently implemented the daily review of all ~/CO 2030 reporls. All adjustments that appear on the RICO 2030 are verified to ensure that no unauthorized adjustments have been made. When adjustments are made without supporling documentation, the POA Accountant notifies the POA Supervisor for follow-up. r~ During the forensic audit it was identified that the RICO 2030 did not capture all adjustments. Any adjustments that occur during the day and before ICON's nightly batch processing are not captured on the RICO 2030. POA and Corporate Services have determined that these transactions also require verification to ensure that no unauthorized transactions are processed. Corporate Services ensure that all daily transactions that are not supporled by sufficient documentation are referred to the POA Supervisor for follow-up. ~-~ We recommend the. following: . US prepaid cases be processed in Canadian dollars so as to bring closure on ICON and where applicable, sent to MOT for suspension/enforcement. Manaaement ReslJonse This recommendation was implemented on February 2, 2006. We recommend the following: . There should be more stringent supervision over cash handling at each location. ManaaementReslJonse c ' It is impractical for management and supervisory staff to attend all three (3) sites on a daily basis.. This operational issue will be raised in the courl facilities review. In the interim, we . 7 - must rely on operational controls, and stronger checks and balances which have been implemented a result of the forensic and operational audit conducted in 2005. . (" We recommend the following: . The prosecutor should be provided with an office away from the administrative section to maintain independence from the administrative process. ManaClement Response The prosecutor's office in Weiland is separate from the administrative office area. In the Niagara Falls courl (a former MAG CQurl) and St. Catharines courl the prosecutor's office is within the administrative area. Renovation costs to modify the present setup at these two sites would be extensive. This issue will be highlighted in the courl facilities review (referenced earlier in item #3). 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 that: . 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. ,0, J 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. 8 . RECOMMENDATION , We recommend the following: ( '- · The municipality continues its forensic undertaking to determine the extent of the, improprieties. ManaaementResoonse A public complaint in late September 2005 led to an internal audit conducted by the supervisor. This audit resulted in consultations with MAG, senior Regional officials and the engagement of KPMG to underlake a special test audit. KPMG test audit results indicated a need to underlake a forensic audit. A parlial forensic audit was conducted by the supervisor and a consultant recommended by MAG. Using the forensic audit template, the supervisor completed the remainder of the forensic audit. All recommendations resulting from all audits were immediately implemented by management on January 19, 2006. In addition to the forensic audit the consultant recommended by MAG underlook an operational audit of the POA accounting and procedural techniques employed in Finance division of the Region's Corporate Services Deparlment. All recommendations resulting from that audit have been implemented by management in the Finance division. Ir- We recommend the following: f'- . That one staff at each location should have the authority to perform write-offs and deletions. ManaaementResoonse On March 28, 2006 the Regional, Treasurer granted approval to POA staff to increase their write off authority from $ 2.50 to $ 5.00. Write offs exceeding $ 5.00 requires prior supervisory approval. All write offs are verified by management and approved by the Joint Board of Management and the Regional Treasurer. The ability to delete is inherent in the ICON system. All deletions are monitored daily and, where necessary, investigated by management. We recommend the following: · Change Journals be verified by the Manager andlor Supervisor on a daily basis ManaaementResoonse Change joumals are reviewed and verified on a daily basis. , 9 We recommend the following: . ICON should be programmed to display deletion of cases for the municipality. ~ Manaaement Response The ICON system is a Provincial software system shared by all courls. Any changes or modifications to ICON are the sole responsibility of the Province. As a user, we would welcome changes to ICON as th'is system is not user friendly. We recommend the following: . 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. Manaaement ReslJonse This recommendation was implemented on November 16, 2005. We recommend the following: . Issue manual receipts onlv if ICON is not functioning and not on a daily basis, "' ) J Manaaement ReslJonse This recommendation was implemented on November 16, 2005. Criteria for the issuance of manual receipts have been established and communicated to all staff. Manual receipt books are regularly checked to ensure staff compliance. More stringent controls over the issuance of manual receipt books have been implemented. We recommend the following: . More supervision over cash receipts on a daily basis. Manaaement ReslJonse It is impractical for management and supervisory staff to attend all three (3) sites on a daily basis. This operational issue will be raised in the courl facilities review which is expected to be completed in 2007. In the interim, we must rely on internal operationalcohtrols, and stronger checks and balances which have been established and implemented in January 2006 as a result of both the forensic audit and operational review conducted in 2005. . /,..., ,,) 10 ~ " Audit Team: Len Chin Pamela Elliott Darrell Major George Bazios Furhad Yaqubian Controller and Audit Lead Court Services Division . Toronto, Ontario April 23, 2006 ~ 1'-- . (, 11 . . ;; ( omce of the Ibwn Clerk IEI.EPHONE 905-468-3266 FACSIMILE 905468-2959 Niagara..QnSJhe-k!<e 1593 FOUR MIlE CREEK ROAD P.OBox 100 VIRGlL, ONl:A.RIO 10S 1 I'O JBMC 1-2007 January 17; 2007 Town of Pelham 20 Pelham Town Square, PO Box 400 Fonthill, ON LOS 1EO '~ U JAN ~..~:~, Attention: Cheryl Miclette, Town Clerk C: Dear Ms.. Miclette: Re: Niagara Area Courts -'Prosecution User Fees --...-..... -_..~--_...-- ........-... Please be advised that the Council of the Town of Niagara-on-the-Lake, at its regular meeting held on January 15, 2007, supported the Town of Pelham resolution objecting to the imposition of additional charges for the seNice in the form of user fees for prosecutions unless and until the partners to the agreement are in accord and the Intermunicipal Agreement is amended accordingly.. I trust the above is satisfactory.. Yours truly, ~~- Fint Capital oj Upper Canada.. 1792 RECEIVED JAM 2 9 2007 R--S--CICri<.(Xfioo S:~N\ ~~2~~~oot ~__':" Corp; s.:---- 'CAO__..MR ~. ~--- ............ f\lbUC.HeaI1h_ ~'- ...-- C<ot,__._~ A.\!..r=-I CMC__- "Itt-" (';:Jr{;:> - ~_... Holly Dowd, Town Clerk ( cc: Ni agara Reg; on Cl er k' s DepaY'tment fJrh ~'~.f~. Where Ships Climb The Mountain", @#iceo/tk~~~~ Thoroldl ,. January 12, 2007 The Regional Municipality of Niagara 2201 St.. David's Road, P.O. Box 1042 Thorold, Ontario L2V 417 Attention: Pam Gilroy, Regional Clerk Dear Ms. Gilroy: Re:. Niagara Area.Courts -.Pr;osecutidil User' Fe~s Please be advised that Thorold City Council at its January 9, 2007 meeting adopted the following resolution: THA T the resolution adopted by the Town of Pelham at its December 18, 2006 meeting objecting to the imposition of user fees forprosecutions Unless and until the partners to the Niagara Region Courts Intermunicipal Agreement are in accord and the agreement is amended acCordingly, be received and supporled, ." - ," ", . . l. ' ~ ~"f!1PI!"~p!€fS,}/:1~ T, ~hp9PY of this tesolutio'! be forwar~ed to the Town of Pelham, Jomt Board of Managernepi of the Niagara Region Courts, all area rnunir;ip.alitil?sand The Regional Municipality of Niagara" . i" . , i ! i . .~: The City bfTt\6fold respei.Jtfutly requel?ts that Regional Council consider the resolution set out above which outlines their objection to the imposition of user fees for prosecutions" We thank you for your attention to this matter" Yours truly, , :t/~. ~~aniers, AMCT Deputy City Clerk SMD:hhm cc: Joint Board of Management, Niagara Area Courts Town of Pelham ~~ 'Yf~jgrB~!!tie$ . . I ." I'. '.' M. WElfr: ch~i Mmiilistrative officer J:K Bfce,'(jjty'Clerk' '. RECEIVED JAN. 1 7 21107 _ol~-ClOIl<'OII\cO lot ~-l1R\f'. -. ~~'~l;::~a\ ~~ ~~~~ ~ultl...__'"_:"" CAO ~.u;.l:."""';" ~-=---- . , :: ~i:::};.:i:~~~';;;~' ,. .' cOot jk6y-::.J.;,...;.< ~--- ," ..,-' f".fu\'3.~, C'., et.tC_....._....- .J ~ -""""" -........, em: .__._'_..._..,,_.,_...:....-....,..._-_.._.._-~:_._.__.._'~.-:-' City of Thorold -_._--'"..'-''-'-'"'"''~,_.._---~_.,-._-,_.._-- PoO, Box 1044, 3540 Schmon Parkway, Thorold, Ontario L2V 4A7 www.thol.old.com Tel: 905-227-9813 , \flU<!' arufiu/t Of' ca l€1el111\'i~ 98-90 TIlE CORPORATION OF THE CITY OF WELLAND Office of the General Manager, Communications, Council and Legislative ServicesiCity Clerk 60 East Main Street Weiland ON l3B 3X4 Phone: 905-735.,1700 Fax: 905-732-1919 Website: WWW.weliand.ca E-mail: craio.stirtzinoer@.welland.ca RECEIVED JAN 2 4 2007 Rega1 of NiDQIla - CIM. 'a Office ""0""'10' ~ec-~ 4'HI& _ l..:e5aJ .K3ne, -. Oleir.____ COmm $$1'._.... ~__~ Cap s...____ 0A00.___ HR__.~__.. OJCb$I;__--..:.PI,.'rini1.__, .M:*,,- ..N>IIeHealltl___ c-!4<y___ --r- CMC:.'-___... .\,5.~, f')lt.~ _____.._ tiVM&:~. January 19, 2007 Mr.. 8111 Bernard, Manager, Court Services Joint Board of Management, Niagara Court P.O. Box 1042 2201 Sf. DaVid's Ro~d Thorold ON L2V 4T7 Dear Mr. Bernard: -~-.-.._----~--------- At its meeting of January 16,2007, Weiland City Council passed the following resolution: ''THAT THE COUNCIL OF THE CITY OF WELI"AND supports the re~qfuYor!n.?rn ..tr~ Town of Pelhamobjectil1J;1 t? th~ Imposition of pro(3eclJtiori.' user' fees proposf!ld. by the JOint Board of Manag~!TIent of the Niagara Region Courts unt[1 the partners to . th~ agreement are in accord and the InfetniuniCipal Agreement is amI'Jri.aed Elccqrdingly; AND FURTHER THAT the Clerk advise the proper authorities . accordingly." C~ CAS/lb Yours truly, LCRAI , STfRTZINGER, r-~ene Manager, Communications, Council and legislative Services/City Clerk c c, ,o.MI~; I"<!m. (31ItCiYiRt;lgjonal Clerk, 'Region>:\1 Munic;:iPalitY of "Niag?ra' . . '22Qt.:st, Oavjd~iHioad,: 1",0 B6x, 1042',' Thorold;:.Orf 12V'4T7.' ,,; . - Mrs.. Cheryl.Miclette, town Clerk, Town of P~jham, 1".0.. Box 400, 20 Pelham Town Squar'e, Fonthiil, ON LOS 1EO . . . . ( TOWNSHIP OF WEST LINCOLN Corporate Services Department 318 Canborough Street P.O. Box 400 Smithville, Ontario LOR 2AO Phone: (905) 957-3346 .C). Fax: (905) 957-3219 , Town of Pelham Attention: Ms. Cheryl Micletle, Town Clerk P.O" Box 400 20 Pelham Town Square Fonthifl, ON LOS 1 EO RECEIVED JAN 2 5 2001 . ..11 I."'\l~.'.""""f>.~....'ll~ Q,,",': +~. \ ' ChIii_.__c.mm.k_~ COIoll"Ol"kn___"":,, C<<p.Ser_.........._ CAO'M__ HR____. DiCIeO<__ "'""""'.___._ NCIodo .......____ ~'"'"---~- cw.:i___ Fllo, A..15:ani:i' ------ -- ~. . . January 24, 2007 Dear Ms. Miclette: --~--~----~-~~.----~- Re: NiaQara Area Courts ~ Prosecution User Fees This is to confirm that on Tuesday, January 23, 2007, West Lincoln Towns~ip Council adopted -the f9110Wing recommendation from the January 8, 2007Planning/BuildinglEnvironmental Committee Meeting: . , c) ITEM P03-07 That, the correspondence from the Town Of Pelham; dated December 21, 2006, requesting supporl of their resolution which objects to the imposition of additional charges for the service in the form of user fees forprosecutions unless and until the parlners to the agreement are in accord and the Intem1UhicipalAgl'eement is amended aCf;ordingly; be received. If you have any questions or concerns regarding, please do not hesitate to contact the undersigned at 905-957-3346. Sincerely, p - g~~~ Joanne Scime Deputy Clerk :jms cc: ham Gilroy, Regional Clerk Anthony Boncori, Chief Building Official Bill Young, CAOffreasurer () Our File: Clerl<s DeptfwodhnydocslCommi<<eelPlahningl Planning ,2007/letterslReglona' Niagara - Jan 8 (Appointment to Niagara Region's Planning Review Committee - Trombetta) . OFFICE OF THE: MAYOR CHIEF ADM!NISTRAl1VE OFFICER ClErK 01 ',...R OF FiNANCIAL SERVICES DI JA OF OPERATIONS DIREC rOR OF PLANNING SERVICES blRECTOR OF BI)lLDlNG & ENFORCEMENT SERVlbES t'li11' ~ 0: , 'Ii, THE CORPORATION OF THE TOWN OF PELHAM TEL,(905) 892.2607 FAX (90S) 892-5[]55 c ( POST OFFICE BOX 400 PELHAM MUNICIPAL BUILDING, 20 PElHAM TOWN SQUARE FONrnILL, ONTARIO LOS 1 EO December 21,2006 RECEIVED JAM 0 3 2007 MRS" PAM GILROY, REGIONAL CLERK REGIONAL MUNICIPALITY OF NIAGARA 2201 ST. DAVID'S ROAD p, O. BOX 1042 THOROLD ON L2V 41'7 Dear Mrs. Gilroy: ., RE: NiaQara Area Courts. Prosecution User Fees , . This is to aC;!vise thCjt Council pf the T'own' of pelham, at its. last rl3gular meeting held on.: Mon(jsy, beeembl'!r 18; 20G6, res~lved to enact the f6Iiowi,p~ res61~tioti;; "THA T,whereas 'the Niagara' RegiQIl. Courts .'lht~rrriLil1ldipal Agreement provides that the Region of Niagara, "Agent" for the participating municipalities for the Provincial Offences Act courts administration program, shall be responsible for all' costs'. and exp~nses of the program for which the Region receives 50% of the net revenues to provide such service, including the prosecution of Provincial ,Offences, Committee recommend that Council object to the imposition of Prosecution User Fees proposed by the Joint Boan;! of Management of the Niagara Region Courts; . AND THAT the Clerk forward, forthwith, a letter to the Council of the Regional Municipality of Niagara and the Joint, Board of Management of the Niagara Region Courts, with copies to all area municipalities, advll;;ing the Region of Niagilra that t1iEi~p~lIT:iciU6'llth~ 'T"."w.. ,,,. - c&'''fM'"'lhc''''m-Ob" K"><'t.~"'~th"-"- j' .t. f -. d""t'--~'I-'""'i:i~J.:O''"''"'''f~''' \.' ,,:o,.",e.. ," ,0<_ l;1.~'~0., e';: '. c', " ... ";: ...' LU , rj <.:2",~-H,""=~...:c ,-,o<','c="",,,~.=-u--,-~,,~~"",.mH2.RL"2,\l"~.JL" UQJ1a ,,0 a .ge.S3.. p ", "thEPserv'Cfi~Iirn:he';f6rrrF.ofal'Sei"1fee:S7"'or: ro e' "ti6"'s'Ir.le~rT=:f'7fimJ) ..-,,-,._J,,~ - :; ~-~-,-:-,-,-:,>:,""""-,~~,~,,,,=,,"~~~..!..:':,,:"" """-L....':-;'-,t:.:.~<...:;~.~.,.~J...R,..;:.J.~\~~M..,..~_n,..:..'@:...n........~_~,",-~.Il-~'L;:~ the""-<a=er...'._.t~o ''"'he' " "">'---'^- ..t"._._..,.."w...'~",-"_'", ,-'"-'>:J ,;:1i.-'.~I"'J-....-"i1i-._...........1 ;; 21,.n ..,S;l., ';l .\1a r",,,,men i:car ':', n :caccor... 'an... ic. e::., n erm n c a ...~...._~R. '-~"""'-'i4.t,"'~'I':1>'".g.-J:>;u~""".."Wol"')''''''' "'..,.".=~...~ L,-,., ,...............__.. __.". _.k.__....-._ _"'__' .. .._-~__...JJ.....tJ.P . ~'""reeme'fff"is~a-effileaf.'cc6i;a.n'>l-j' . '...' . ,,' " , ,,--g .----".-,,,..~-,,<.m<,~_~.."~,.w,~....,,,.. ' 1..-9,Y ~ i I .. f ! [ ! j , i ! j ! ~ I i i "',".. .:, ',,} . .~. .... -2- The Town of Pelham respectfully requests that Regional Council consider the resolution set out above which outlines their objection to the imposition of. 4ser fees for prosecutions" o ~ Town of Pelham Council would appreciate your municipality's support in this matter. . , We thank you for your attention to this matter. Yours very truly, . ~^~- Cheryl Mi~~tte, AMCT Town Clerk Cc: Joint Board of Management, Niagara Area Court Area Municipalities () ')t~~~~, . ._ The Regional Municipality of Niagara 2201 SI. David's Road, P.O. Box 1042 Niagara Region Thorold, Ontario L2V 4T7 fllAG. FrllS CLERKS '07 0330 lO:53Telephone: 905-984-3630 PLANNING AND DEVELOPMENT Fax: 905-641-5208 E-mail: plan@regional.niagara.on.ca March 28, 2007 File: C.04 L.3.1 Mr. Dean IOrfida, Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida: Re: Niagara Peninsula Conservation Authority ProDosed Fees for 2007 The Region and the Niagara Peninsula Conservation Authority have a Memorandum of Agreement in which the Authority provides comments and advice to the Region on certain environmental issues affecting planning applications. This Memorandum of Agreement sets out the responsibilities of each party as well as establishing a fee for the advice and technical clearance service provided by the Authority. The Authority has proposed revisions to its fee schedule for 2007. In response to the proposed revisions to the fee schedule, a report (DPD 43-2007) was prepared by the Planning Department and submitted to the Planning and Public Works Committee for their consideration. The recommendations which were approved by Regional Council on March 22, 2007 recommended that the proposed fee schedule which is attached as Appendix I to DPD 43-2007 be circulated to the area municipalities for their comments. A further report is to be prepared and submitted to the Planning and Public Works Committee once a response is received from the area municipalities. The proposed fee schedule is to be implemented April 1 , 2007 pending this further report to Regional Council. This Department would appreciate receiving any comments that your municipality may have with respect to the proposed fee schedule. A timely response will allow this Department to have a report before Council within three months or before. If there are any questions, please do not hesitate to contact the undersigned. Yours truly, David J. Farley Director of Plan g ervices Building Community. Building Lives. c: Pam Gilroy, Regional Clerk djllLetter Clerks re NPCA lees - .' ..~- DPD 43-2007 March 14, 2007 File: C.04.L3.1 Niagara ..RegiQn REPORT TO: Co-Chairs and Members ofthe Planning and Public Works Committee SUBJECT: Niagara Peninsula Conservation Authority Proposed Fees for Services 2007 RECOMMENDA nON That this Committee recommend to Regional Council: 1. That the Planning RevieW Fee Schedule proposed by the NPCA for 2007 and attached as Appendix 1 be circulated to the area municipalities for their comment. 2. That a further report be prepared for this Cornmittee once a response has been received from area municipalities. 3. That the NPCAimplement the proposed fee'schedule beginning April 1, 2007, pending the further report to Council as noted above. PURPOSE This report provides information on a proposed increase in fees for planning review services proVided by the, NPCA to the Regioh on '. certain planning applications as set out in a Memorandum of Agreement. ' EXECUTIVE SUMMARY , -" "'",' , , The Region and the NPCA have a Memorandum,',' of Agreeme, nt, in w, hich the Authority, provi~es 'coTfi}ents and ,advicetp the Regloll' bncert:linenvir()nrriehtalisslJes effecting pliulning applications. . The Memoranduinof Agreement Incluaes a payment for service schedule which sets out specific fees ch~tged by the NPCA for 8avic.e to the 'Region. The AuthoritY has recElntlyrevisedtheir prpposedfeesb2007Cina submittedtheinto the, Region for approval to take effect on Aj:>ii11, 2007.. These fees~ refleCt a1 00% recovery of the NPCA'scosts associated withprovidiQg this planning service to the Region. This represents a substantial fee increase in this service and appears to be out of proportion .. DPD 43-2007 March 14, 200 Page 2 with fees charged by local municipalities and Qther Conservation Authorities to process similar applications. As these fee increasEis)Nill affuct the overall planning application costs to individuals applying -to the local-muniCipalities it'is recommended that input be received from the area municipalities priorto Regional Council making a final decision on the proposed fee schedule. REPORT Memorandum of AQreement The Region and the Conservation Authority in 2000 entered into a Memorandum of Agreement. The Agreement was prepared to take advantage of expertise that the Authority could offer to the Region iri the review of certain environmental aspects associated with planning applications. The Memorandum set out the responsibilities of both parties. The Authqrity providesbotlJ plan review and _ technical clearance on certain , planriing' issues - for tire Regiori and in return the Region agrees to pay a fee for this - service. The NPCA is nO)N seeking to update their fee for service schedule which will require an amendment to the existing Memorandum of Agreement between the Authority and the Region. Comments of Fee Increases . .' - -,- On October 11, 2006 NPcA staff submitted Report 83-06 to their Executive Board' setting out proposed planning review.fee increases for 2007. In this report the fee increases appeared to be in line with those set out in a previous fees report prepared by Regional Planning staff in 2005 and supported by Council. While the Authority Board of Directors initially approved of the new fee schedule, a subsequent Report 04-07 was preparE;ldon January 17, 2007 which recommended the fees be increased to equal 100% recovery cost for providing the planningreview:-serviCElto the Region. Jhis new fee schedule was subsequently adopted.bY the Authority)?oard with an implementation cl~te pfApril1, 2007. - A copy of the Authority Report 04-07 including the new feeschediJle is attached as Appendix I. . . . ~ As Council members are aware the setting of appropriate fees including those related to plannil1gapplicatic>ns is a diffic:ulttask, Feesfofpr9viding cmly comll'lel1ts on aplc:mning application whether by the ~egion()r the NPCA.should only be a portiqn ofthe overall fee charged by area municipal~[eswho proGeSs the sall'le appli<:?tjqnfromstart ~o fil1ish. Also many municipalities' planning fees repres~nt .only Part of. thj:l actuaLcqst of processing a plan.ning application.,~ Thisapproal;:h is tak.en SO as (lot to>clissuade citizem~lrom making a planningapplicationdue to the high costs of associated ~ees. - .-,.- "" .. DPD 43-2007 March 14, 200 Page 3 i ! i i , t F L I l- i i , I j , I I i j As set out in the attached schedule the Authority is proposing a significant planning review fee increase for 2007. The proposed increase will result in review fees that in most cases are substantially higher than those charged by the Hamilton or Grand River Conservation Authority to review similar applications. Further, in some instances the proposed NPCA fee to comment on a municipal application is higher than the total fee charged by a municipality to review, administer, process and approve the complete application from start to finish. For example, while the City of Niagara Falls charges a $1,000 fee to process either an Official Plan Amendment or.a Zoning Amendment, the Authority could charge up to $2,200 10 undertake a technical review of the same appncation, Similarly the City of Weiland's fees for the above noted applications is $1,500, which is again less than the NPCA proposed review fee. . . CONCLUSION , l I I , l- While it is recognized that the Authority strives to be fiscally responsible as does each municipality, planning fees should not be at a level that acts as a deterrent 10 citizens' ability to make a planning application. Given that local municipalities along with' the Region and the NPCA are partners in the planning process, it is important 10 receive input from area municipalities on the proposed NPCA fee schedule prior to Regional Council consideration of this ma~r. In the meantime it is recommended that the Region advise the Authority to implement the proposed fee schedule on April 1 , 2007 but noting that the schedule could be subject to possible revisions based ona subsequent report after municipalinput It is expected that the further report would be available within three month~. Corwin T. Cambray, MCIP, RPP CommiSSioner of Planning evelopment Sugrnitted by: Approved by; " ../' This report was prepared by Dave Farley, Director, Planning Services. tB. APPENDIX Appendix I Paae Authority Report 04-07 4 ~, Officer rJI N1AGARA PENINSULA ~ CONSERVATION ~AUTHO"RITY 250 Thoro{d Road West, 3rd floor Te! f9(5) 788-3135 Weiland" Ontario L3( 3W2 fax (sIos) 78B..::tw E.mail: npraOamservation-niagara.on.ca DPD 43-2007 Appendix I Page 4 February 1, 2007 Our File No MPR 1.7..0 By Fax: 905-641-5908 ..Planning and Development Department Regional Municipality of Niagara 3550 Schmon Parkway, Thorold, ON, L2V 417 Dear Sir: Subject: Plannina Services Fee Schedule On January 24, 2007, the Niagara Peninsula Conservation Authority Board reviewed Report No, 04-07 and adopted a resolution which adjusf$current fee schedules for permits, planning services and property compliance (including buiiding permit illqyiries) The new fee schedules (see attached) will take effect on April 1, 2{)07, and reflects the Board's direction to recover 100%ofthe Conservation Authority's costs associated with providing planning services.' , As the Plan Review fee schedule inClludes' items pertaining 10 our existing agreement for Planning" ,< Services, I believe an amendment to include the new fees in our agreement will be necessary, Authority staff would be available to attend appropriate staff or committee meetings to answer any questions in this regard. It would be appreciated if you would forward a copy of your Planning and PublicWol1<s Committee report in this regard when available and In advance of the meeting, Yours sincerely ~ Andrew L Burt General Manager I Secretary-Treasurer AlB Encl. cc, all Regional Niagara Board members I j I L F F ! t I i i i i i , J I i I I I I r '" r r I I 1 , I i , I I I i I i i 't lu i , I ; ~.. ; , .n ,;~ r:I NIAGARA PENINSULA ~.. CONSERVATION ~.:o AUT H 0 R I i Y No. FA- /2 -0'7 FULL AUTHORITY MEETING The 24th day of Janual)/, 2007 Moved by: &.L t1u.. #1) , Seconded by: & /....;...,.,L/, ./Z DPD 43-2007 Appendix I Page 5 THAT: Report No. 04-07 regardlngthe NPCA Planning and Regullitlon Fees be received; and Thai the Planning and Regulation Fee Schedule approved 10_ October, 2006 be rev/sed to reflect 100% cost recovery, effective April 1,2007. I J ! ;; t , T , r j ; f" j f. "j ...... NIAGARA PENINSULA ~"CONSERVAnON ~~ AUT H .0 R I T Y 'Solhotold R"'" west, 3ill floor rei wos! )88"3135 Welland.llllIarIo LlClW2 Fax19<isl788-tm f.maQ, npta@cOIlS.MtIOll-nlagara....ca - 25 - DPO.43-2007 Appendix 1 Page 6 TO: Chairman and Members of the Authority DATE: RE: January 17, 2007 NPCA Planninli and Reaulation Fees - ReDort No. 04-07 At the October 18, 2006 Conservation Authority Board meeting, the Board of. [)jrectors appr~ed adjusting the Authority's planning and regulation fee schedule effective JanuarY 1, 2007., A copy of Report No, 83-06 providing details on the recommended fee schedule Is attached for your review The resolution adopted by the Board approved a fee schedule which ,^!ould result in an <Ipproximate 75% cost recovery rate similar to that being realized in the portion of the Authority's watershed within the aty of Hamilton Under our current agreement with the Region of Niagara on the delivery of some planning services, the fee assessed for planning applications is subject to approval of the Region. 1 Wrth discussions between the Conservation Authority and the Region of Niagara on delivery of additional plan review services 00 behalf of the Region on-going in the fall, the implemel1tation of the new fee schedule was postponed.. Although cfiscussions continue at this time. staff are concerned that further delay in implementing the new fee schedule will result in revenue reductions that will not achieve budget objectives for 2007.. . Accordingly, it is recommended that the Conservation Authority approved the fee schedule with an implementation date of April 1, 2007, with the understanding that discussions with the Region of Niagara will continue and further adjustments to the fee schedule may be required pending the outcome of the plan review services. delivery model that is approved Staff will undertake make appropriate contacts and provide information to member municipalities and regions, general public, builders and developers, englneers,pfanners, and the general pUblic in regards to the new planning application and permit fees RECOMMENDATION: That Report No.. 04.07 regarding the NPCA PlannIng and Regulation Fees be' received; and That the Planning and Regulation Fee Schedule approved in October 2006 be implemented effective April 1 , 2007. Prepared by: Tony D'Amario, P. Eng. Director, Water Management Respectfully Submitted by: ~ Andrew L, Burt, General ManagerlSecretary-Treasurer I',. ! ; I { I ~ L ; r I ! i i' , i i I , i i ! ; 1 i ~ i i 1 ] ! I l- I I I ,] j I I I ! , i ; I i , ! I ~I. ~)... 2007 N.P,C,A. Proposed Plan Review Fee Schedule - April 1, 2007 DPO 43-2007 Appendix 1 Page 7 CATEGORY LEVEL Proposed Existing Fees 2007 FEE , Subdivision & Vacant Land Minor $ 500. $ 350. Condominium . Intermediate $2,200. $1.500. Maior $4,300. $3000. Draft Plan Modification $1,450, $ 750 Clearance Fees Minor $ 500. $ 350. Intermediate $750. $ 500. Major $2,900 + $2,000, + $400Johase $350Johase Consents Minor $ 450. $ 175, Major $1,050. Minor Variances Minor $ 300. $ 85. Major $ 600 Official Plan Amendments Minor $ 450. $ 750. Malor $2.200. , Zoning By-Jaw Amendments Minor $ 450. $ 250. M~or $2,200. Site Plan Approval Applications Minor $ 450. $ 500 Major $3,100. Complex Applications $5,900 $ --- OPAlZBAlsite Plan etc. Notes: , All subdivislons, vacant land condominiums, major and complex site plans (J.e.. CommunIty livIng projects, golf courses, aggregate extraction applications and amllndmenls ete ,), continue 10 be circulated \0 the CA, Subdivisions/CondominIums: Minor-in !he area ofinterestto the CA (seoped EIS), Intermediate - The area is less than 4 5 hectares In size and technical studies (Ie SWM or Geotechnical) beyond a scoped EIS are required. .' . ' Major - The area Is equal 10 or greater than 4.5 hectares in size and lechnical studies (Ie SWM or Geotechnical) beyond a scopad EIS is required, other Applications: Minor -In !he area of interest 10 Ihe CA (Scoped EIS) , Major - Technical studies 06- SWM or Geotechnical) beyond a scoped EIS are required, Complex Applications - Complex applications are Planning Act (eg. OPAlZC) and/or Site plan or development pennit approval applications for: larger commercialflndustrial applications equal to or greater than 4.5 hectares in size, golf courses, !railer parks. campgrounds, lifestyle communities. and ag9regate extraction elc, Area of Interesl- Natural Heritage, Natural Hazard areas on a CA screening map, checklist, OP and/or Z8 Combined Applications will only be processed at the highest rate subclMsJon RevisIon and Clear;mce Fees will be paid direi:liy to Ihe ConselVlllion Au1hority and must be paid prior to issuance of revised draft conditions or the final Conservation Authority clearance letter. A draft plan modification fee wili be applicable 10 developer driven amendments to a subdivisIon or condominium application Nole 1: The Conservation Authority may provide a refund directly to the appilcant If II is found that an application charged allhe "major" rate only required the level of review nonnally associaled with the 'minor" rate In such cases, (he minor rate will be retained and the difference refunded , Nole 2: The ConseJ:vation Au1hority may charge a fee directly to Ihe applicant If n is found that mulilpfe revisions and reviews of lechnical studies are required at the houriy rate charged by Iha affected Conservation Authority All fees are 10 be made payable 10 Ihe Niagara Peninsula Conservation Authority. I i I , ! 1 I i I I I i ! ! ! ! , ; I , i , i i ! i 1 i i I i , I i ; I i I j I J , ~ , i , i i ! j' f i I f N. "II~ R. Office of the Regional Clerk lagara Y'II' eglon 2201 SI. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 n~ LO CI.~""" '07 0330 l~~.ll05-685-1571 Toll-free: 1-800-263-7215 NI...... Fill" """" .p,gl(l:.=!J05-687-4977 pam.gilroy@regional.nlagara.on.ca www.regional.niagara.on.ca March 28, 2007 Mr. Dean lorfida Municipal Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 CL 4-2007, March 22, 2007 Report CSD 51-1007/COM 10-2007 Municioallmmiqration Information On-line Proqram The Council of the Regional Municipality of Niagara, at its meeting of March 22, 2007, approved the following recommendation of its Corporate Services and Public Health and Social Services Committees: "That Report CSD 51-2007, March 14,2007 (COM 10-2007, March 13,2007), respecting Municipal Immigration Information On-line Program, be received. That conditional upon approval from the Ministry of Citizenship and Immigration (MCI): i) The Regional Chair and Clerk be authorized to enter into an agreement to receive funding for the Municipal Immigration Information On-line Program. ii) That this report be distributed to local Niagara municipalities and economic development agencies." A copy of Report CSD 51-2007/COM 10-2007 is enclosed for your information. If further information is required, please contact Mr. Brian Hutchings, Commissioner, Community Services Department, at (905) 984-6900, ext. 3800. Yours truly, Pam Gilroy Regional Clerk cc: B. Hutchings, Commissioner, Community Services J. Bergsma, Commissioner, Corporate Services Building Community. Building Lives. ( COM 10-2007 March 13,2007 CSD 51-2007 March 14, 2007 Page 1 of6 Niagara" Region REPORT TO: Co-Chairs and Members of Public Health and Social Services Committee And Co-Chairs and Members of Corporate Services Committee SUBJECT: Municipal Immigration Information On-line Program RECOMMENDATION t- That this Committee recommend to Regional Council that conditional upon approval from, the Ministry of Citizenship and Immigration (MCI): 1. that the Regional Chair and Clerk be authorized to enter into an agreement to receive funding for the Municipallmmjgration Information On-line Program. 2. that this report be distributed to local Niagara municipalities and economic development agencies. EXECUTIVE SUMMARY · The Municipal Immigration Information On-line program supports the economic and social integration of new immigrants and prospective immigrants by providing user- friendly, seamless access to information and services. · The goal ofthe Municipal Immigration Information On-line funding is to support municipal involvement in the development of the Canada and Ontario immigration portals linked to the Ontariolmmigration.ca website. · Only municipalities are eligible to receive funding through the Municipal Immigration Information On-line Program for the development of online content for prospective and newly arrived immigrants, international students, refugees, temporary workers and newcomer service providers. · Newcomers entering Canada are unaware of the diversity of occupations, industries and communities in the Niagara region. They tend to gravitate to larger Canadian metropolitan areas, like the Greater Toronto Area, Montreal and Vancouver. - COM 10-2007 March 13,2007 CSD 51-2007 March 14,2007 Page 2 of 6 . On October 20, 2006, MCI issued a call for proposals in relation to the Municipal Immigration Information Online Program. In response, Community Services brought together the Folk Arts Council of St. CatharineslMulticultural Centre, Fort Erie Multicultural Centre, Weiland Heritage Council, Niagara Economic Development Corporation, Information Niagara and the Business Education Council to explore opportunities and strategies related to the fund's mandate and call for proposals. . Stakeholders identified the lack of a municipal immigration portal as a barrier to attracting and maintaining newcomers in Niagara. . Consequently, a collaborative proposal was submitted for MCI funding which focuses on information tools and resources targeted towards immigrants. . The Niagara Region portal will link to newcomer services across the twelve municipalities in the Niagara Region. The result will be the creation of an essential component of single point access to information and services in Niagara for newcomers choosing Niagara as their new home. . Upon approval, Community Services will receive a $235,000 grant from MCI (100 per cent funded) to cover the period March 1, 2007 to February 28, 2009. FINANCIAL IMPLICATIONS There are no direct financial contributions required from the Region. PURPOSE This report has been prepared to receive Committee and Council approval to enter into an agreement, if granted by MCI, for the Municipal Immigration InformatiOrlOn-line Program. BACKGROUND International immigration is an increasingly important economic phenomenon and provides the advantage of addressing labour shortages. Niagara will experience a shortage of over 50,000 skilled workers over the next ten years and will need to respond with a supply of highly skilled workers in order to meet labour. demands. International immigration represents a unique economic means of meeting this challenge. The skills and abilities of Niagara's newcomers give rise to an opportunity for needed and positive change. Many of the newcomers arriving in Niagara are very articulate, highly skilled and well-educated with much to contribute to our local labour market. In today's global knowledge-based economy, sustainable growth is directly linked to the ability to generate ideas and innovations. Immigration provides an economic benefit to Niagara because a diverse workforce ensures we are able to compete globally while serving multilingual and multi-ethnic clienteles. ( ~ ( '. ( COM 10-2007 March 13, 2007 CSO 51-2007 March 14,2007 Page 5 of 6 Benefits of the Niaoara Reoion portal The creation of a Niagara Region portal linked to Ontariolmmigration.ca will greatly assist the Niagara Newcomer Employment Council and the Niagara Economic Development Corporation with achieving the outcome of attracting immigrants and actively integrate them into the Niagara community and economy. The portal will contain comprehensive regional information on the Niagara economy, its industries and occupations and newcomer services across the 12 municipalities in the Niagara Region. While employment plays an important role in attracting immigration to a community, newcomers are also attracted to the social factors of adequate housing and educational opportunities for themselves and their families. Newcomers are particularly attracted to welcoming communities where they can experience inclusion at all levels of society. f ~ The portal linked to Ontariolmmigration.ca will provide the opportunity to showcase the wide range of programs and services available in Niagara that support cultural diversity. The portal will feature information on community service infrastructure, housing and links to all pertinent information sources that answer questions and facilitate decision-making for newcomers. The portal can be used to navigate newcomers through the continuum of integrated services offered in the Niagara Region. The portal will promote awareness of Niagara as a destination for newcomers and it will highlight the combined efforts of agencies in the region to provide the best possible continuum of services for newcomers. BudQet and Financial Plan March 1, 2007 - February 28, 2009 budget submission Content editor I a Visual Desi n Web author Code Develo ment Translation Marketin Focus rou s & content Administrative costs $55,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $50,000.00 $20,000.00 $30,000.00 $20,000.00 ".----- Creation and sustainabilitv of the Niaoara ReQion portal Community Services staff will perform the key role of Project Manager and Corporate Services staff will provide the staffing resources to support the Information Technology Project Management and Technical Lead component for the duration of the project. Corporate Services will dedicate 5-10% of an existing full time staffing resource post project to support the sustainability of the portal. COM 10-2007 March 13, 2007 CSD 51-2007 March 14, 2007 Page 6 of6 The Niagara Region has partnered with Information Niagara, 2-1-1 to assist with the creation and ongoing sustainability of the content and translation elements of the portal. The Niagara Region has the commitment of community partners to promote and maintain the breadth and scope of information made available to newcomers on the portal. The community will work together to scan the environment to ensure information meets the changing needs of the newcomer. ( Submitted by: Brian Hutchings Commissioner, Co unity Services Approved by: Mike Trojan Chief Administrative r C This report was prepared by Lori Watson, Manager, Community Services and reviewed by Bob Diakow, Director, Information Systems and Sarah Pennisi, Director Social Assistance and Employment Opportunities. ( : ( l C L. COM 10-2007 March 13, 2007 CSD 51-2007 March 14,2007 Page 3 of 6 Niagara has over 100 agencies involved in offering programs and services to newcomers in Niagara. The chart below highlights Niagara's commitment to recognizing newcomers as a target group for locally delivered information and services. The services have been divided into key sectors: 21 28 6 14 47 7 32 A Niagara Region portal will link to neweomer services across the 12 municipalities in the Niagara Region. The result will be the creation of an essential component of single point access to information and services in Niagara for newcomers choosing this area as their new home. The portal will also promote awareness of Niagara as a destination for newcomers and it will highlight the combined efforts of agencies in the region to provide the best possible continuum of services for newcomers. REPORT Demonstrated need for a Niaqara Reqion portal The challenge of integrating newcomers into their chosen communities is shared by federal, provincial and municipal governments as well as by employers, public institutions, community-based non-government organizations and professional associates. These stakeholders all have a role to play in reducing barriers and creating opportunities for newcomers to take their places in their local community. As the Niagara economy continues to transform its industries and occupations, ensuring an adequate supply of skilled and qualified workers will continue to pose an enormous human resource challenge for the Niagara Region. Competition for qualified workers is world-wide, intense and will continue to impact Niagara's ability to develop its existing enterprises, expand product lines and attract new investment. Without maximizing the potential of Niagara's workforce and changing its composition by attracting and integrating more newcomers to the region, Niagara will find it increasingly more difficult to compete for its share of provincial growth and prosperity. COM 10-2007 March 13, 2007 CSD 51-2007 March 14, 2007 Page 40f6 , ., ( Niaoara's Immiorant Attraction Strateoies Niagara Newcomer Employment Council - Employment Strategy The Niagara Newcomer Employment Council was formed in 2004 to address the labour market needs in the Niagara Region and the wider integration issues of the newcomer population. The Niagara Newcomer Employment Council has brought leaders from education, community agencies, and government together to share best practices, recognize gaps, create programs and develop strategies on how to keep newcomers in Niagara. The Niagara Newcomer Employment Council has received $522,000 from MCI to develop and implement the Internationally Prepared Skilled Workers Project (IP8W). The IPSW project will develop a comprehensive, evidence based service system that effectively ensures integration of internationally prepared skilled workers into the workforce and Niagara community, while supporting employers' needs for increased access to a skilled labour pool. The IPSW project is a collaborative, community based initiative that will lead to the goal of developing a prosperous and diverse community that is attractive for newcomers. NiaQara Economic Growth StrateQV 2005-2010 The Niagara Economic Growth Strategy was initiated by Regional Council and developed ~ under the leadership of the Niagara Economic Development Corporation. The Niagara Economic Growth strategy committee is comprised of individuais from both business and government. Also involved in strategy development were approximately 200 public and private sector stakeholders. These individuals provided an extra layer of hands-on expertise across all economic sectors. The Niagara Economic strategy presents six strategic directions and the supporting action plans necessary to foster significant, measurable economic growth within Niagara from 2005-2010. Strategic direction number six is to develop Niagara's talent pool by attracting immigrants and actively integrate them into the Niagara community and economy. Action steps include providing information on Niagara's benefits and opportunities to immigrants entering Canada and conducting a marketing campaign to encourage immigrants to settle in Niagara. NiaQara Reoion - Investment Marketino Strateoies Niagara Region actively promotes new investment from the United States, Asia and Europe. Investment attraction missions have taken place in Japan, Republic of South China and Korea. These missions have highlighted the need to ensure that Niagara is seen as an internationally friendly destination. ( "'...,- Niagara.. Region Office of the Regional Clerk 2201 SI. David's Road, P.O. BOx 1042, Thorold ON L2V 4T7 Tel: 905-685-1571 TJ'll/Rfl:m.L'\t"~l 09:54 Fax: 905-685-4977 www.regional.niagara.on.ca March 19, 2007 Mr. Dean lorfida, Municipal Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. ~:: ,{) j . e- We are pleased to announce the fifth year of the T. Roy Adams Humanitarian of the Year Award. The award honours the memory of the late T. Roy Adams and will be presented annually to a permanent resident of Niagara who best exemplifies his values and dedication to community service; a person who sees volunteerism as an integral part of their life. Attached is a Nomination Kit. It includes details with respect to the eligibility criteria and the nomination procedures. Please circulate this to your Municipal Councillors and encourage them to share this information with their colleagues and constituents. Also included are Award details, and we are requesting permission to place this information on your Municipal Website with a link to our Regional Website. Please be advised that nomination packages will be distributed to Regional Council on April 12, and posted on the Regional Website on April 16, 2007. We want to reach as many potential nominees as possible. The deadline for nominations is June 29, 2007, with the presentation of the award to take place at Regional Council on August 16, 2007. The Nomination Kit will also be circulated to Regional Councillors, Regional staff, and volunteer groups via a broadcast fax from Information Niagara. It is also available on Niagara's website www.reoional.niaoara.on.ca or from the Clerk's Office, Regional Headquarters Building, 2201 St. David's Road, Thorold, Ontario. Any questions or comments should be directed to Hope Manzer at 905-685-4225, Ext. 3224. Thank you for your assistance. Sincerely , /Ja.-.-L ~ Pam Gilroy -. if Regional Clerk pam.oilrovtID.reoional.niaoara.on.ca Attach. Building Community. Building Lives. T. ROY ADAMS HUMANITARIAN OF THE YEAR AWARD Awarded annually by the Regional Municipality of Niagara to a permanent resident of Niagara to honour the memory of the late T. Roy Adams. This is the fifth year of the Award. The recipient will be someone who best exemplifies Roy's values and dedication to community service, a person who sees volunteerism as an integral part of their life. T. Roy Adams was an eminent Niagaran, well known throughout the Region, Canada, and abroad for his service to God, his country and his fellow citizens. For further information and Nomination Form: (Click here to link the Regional Website) T. ROY ADAMS HUMANITARIAN OF THE YEAR AWARD The Region of Niagara is pleased to announce the fifth year of the T. Roy Adams Humanitarian of the Year Award. This award will be presented annually to a permanent resident of Niagara to honour the memory of the late T. Roy Adams. The recipient will be someone who best exemplifies Roy's values and dedication to community service; a person who sees volunteerism as an integral part of their life. T. Roy Adams was an eminent Niagaran, well known throughout the Region, Canada, and abroad for his service to God, his country and his fellow citizens. He was also a devoted husband, father, and grandfather, to his wife Pearl, his son Bill, daughter-in-law Cathy, and granddaughter Katie. IN MEMORY OF T. ROY ADAMS Thomas 'Roy' Adams was born and raised in St. Catha rines, the second eldest of 10 children (seven boys and three girls). Born to parents who encouraged their children to serve the Lord, Roy committed his life to service through the Salvation Army. He served as a leader of the youth (Sunday School Teacher, Young People's Sergeant Major, Young People's Band Leader, and Chairman of the Group Committee of the Boy Scouts) and through adult ministries (Songster Leader and Deputy Bandmaster). When not in active leadership, his steady participation in the music ministries exemplified the faithfulness of his purpose. Roy enlisted in the Lincoln and Weiland Regiment in June 1940, served overseas and was honourably discharged in 1945. He remained a member of the Regimental Association, and was Director for 3 years, and President until his death. He also was a member of the Royal Canadian Legion, and enjoyed planning, organizing and arranging charter flights to Holland, as well as annual reunions, for many years. Roy was employed by Foster Wheeler for more than 20 years in various capacities, including personnel supervisor. In 1972 he joined ARC Industries as workshop director and was then appointed Executive Director of the St. Catharines Association for the Mentally Retarded. He was elected Mayor of the City of St. Catharines in 1976 and served in that capacity for 9 years, and served on Regional Council from 1988 until 2002. During Roy's terms on Regional Council, he was a member of several standing committees, served as Chair of the Community and Health Services Committee for many years, and Chair of the Police Services Board. Roy was actively involved in many organizations including: the Association of Municipalities of Ontario; the St. Catharines General Hospital Board of Governors; the Niagara District Health Council, Executive Committee; the Niagara Rehabilitation Centre; the St. Catharines Hydro Electric Commission; the St. Catharines South Rotary Club; the Christian Business Men, St. Catharines; President, Canadian Bible Society, St. Cathariries; President, Probus Club, St. Catharines and District; Christian Connections; the Lincoln and Weiland Regiment Band; the Thorold Reed Band; the Niagara Falls Concert Band; the Port Colborne Band; the Clown BandlHungry Seven; and the Bandmaster/Oirector of Holland's Glorie Band. Roy believed that "every person matters", and had a sincere interest in people, particularly those less fortunate, whether because of disability or misfortune. He was a man respected for his service and dedication to the people of St. Catha rines, the Region of Niagara, and the country. CRITERIA: WHO IS ELlGIBILE? The Adjudication Committee will be seeking nominees who meet the following criteria: a permanent resident of Niagara evidence that the spirit of volunteerism and community service plays an integral part of the individual's life a person whose community service has been predominantly in the Region of Niagara NOMINATION PROCEDURES A nominee for the T. Roy Adams Humanitarian Award may be sponsored by: an organization, or two individuals - a sponsor and one co-sponsor not related to the nominee The nomination must include the following information: the completed Nomination Form, signed by the sponsors a detailed description, approximately two pages in length, that highlights the nominee's lifetime of community service and volunteerism an explanation as to why the sponsors feel the nominee deserves to be recognized with this award Candidates will not be considered posthumously. Nomination forms must be submitted by June 29, 2007 to: Pam Gilroy, Regional Clerk Regional Municipality of Niagara 2201 St. David's Road Thorold, Ontario L2V 4T7 An Adjudication Committee comprised of the Regional Chair, Regional Councillors, and Regional Senior Staff will review the nominations and select the recipient. The award will be presented at the Regional Council meeting in August. The recipient's name will also be engraved on the commemorative plaque which is displayed in the lobby of the Regional Headquarters Building. FOR MORE INFORMATION OR A NOMINATION KIT Visit Niagara's website at www.reqional.niaqara.on.ca. or call Hope Manzer at (905) 685-4225, Ext. 3224, or visit the Regional Clerk's Office. THE T. ROY ADAMS HUMANITARIAN OF THE YEAR AWARD NOMINATION FORM NOMINEE Surname: Given Name(s): Occupation: Address: Phone: SPONSORS A nominee for the T. Roy Adams Humanitarian of the Year Award may be sponsored by an organization, OR two individuais - a sponsor and a co-sponsor, not related to the nominee. ORGANIZATION: Corporate Address: Phone: Name of Contact Person: Signature: INDIVIDUALS Sponsor (Contact Person): Address: Phone: Signature: Co-Sponsor: Address Phone: Signature: (Note: the supporting documentation must accompany this application.) This information is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act for the purpose of administering the T. Roy Adams Humanitarian of the Year Award. Any questions relating to the coliection of personal information may be directed to Anne Heppelwhite, Manager Corporate Records and Archieves Services, at (905) 685-1571,ext 3741. All nominations will be kept Confidential The deadline for nominations is June 29, 2007 Niagara.. Region PUBLIC WORKS WASTE MANAGEMENT SERVICES 2201 SI. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel: 905-685-1571 Toll-free: 1-800-263-7215 Fax: 905-687-8056 www.regional.niagara.on.ca ,\}1, t" ~ ~N'€.'O \\t~~ u t\i~i. W';' r;Jcl\\:t ~~'\j1<'!) ...... March 12, 2007 Mayor R T Ted Saki City of Niagara Falls 6453 McMillan Drive Niagara Falls, ON L2G 2N2 Dear Mayor Salci: Niagara Region's 2007 Smart Gardening Workshops File No: E.08.00 88 150 In 2006, the Public Works and Public Health Departments of the Niagara Region launched a new, exciting program called Smart Gardening. The primary goal of the Program is to motivate residents and businesses to implement environmentally-friendly lawn and garden practices. The 2006 Smart Gardening campaign focused on grasscycling, composting, water conservation, alternatives to the cosmetic use of pesticides and reducing salt use to melt ice. This year, the Region will add three new initiatives to the Program: protection against the West Nile Virus; the benefits of mulch; and organics collection. We have also developed several promotional materials (information tip cards, lawn signs, garden gloves, posters, and workshops) to help advance the Program and keep it 'top of mind' for residents. To help kick off the 2007 Program, five workshops have been scheduled across the region. Stacey Hickman, a local entomologist, will be hosting the workshops, which run from 7 to 9 p.m. It would be greatly appreciated if you would share the following workshop information with your residents and municipal employees. It would also certainly be seen as a great show of support for this award-winning Program if you attended the workshop in your municipality. Monday, March 26 MacBain Community Centre, Coronation Room 7150 Montrose Road, Niagara Falls Thursday, March 29 St. Catharines Central Library, Mills Room 54 Church Street, St. Catharines Building Community. Building Lives. Monday, April 2 Senior Citizen Centre, Auditorium 18 Livingston Avenue, Grimsby Wednesday, April 4 Fort Erie Centennial Library 136 Gilmore Road, Fort Erie Monday, April 16 Civic Square, Community Room 60 East Main Street, Welland Please find enclosed copies of the Smart Gardening tip cards. If you have any questions about Smart Gardening or would like additional promotional materials to use at upcoming events, please contact Sherri Tait at extension 3458 or visit the Smart Gardening website at www.smartgardening.ca. Sincerely, Catherine Habermebl Associate Director, Collection and Diversion Operations Waste Management Services L:\2007\MOO Marketing & Public Relations\Smart Gardening\Letters\ltr to Mayors SO workshops. doc Enc!. EmaiI copies to: M. Trojan, 1. Neville, B. Friesen, Regional Councillors, Smart Gardening Team - Niagara Region ;i'"'?tt1:i$~i~''1ir:~{';W;1I}~&;{'f]2-~S~''f;~W-.0N,;&~P?0'%\'Z'0:\1' Niag~;~.llRegion Building Community. Building Lives. s.cLERI(S'il103/!8 :\Q\13 '1" !:le-~n ~.J-J f'J ~g IS 1: g 1)... ~"~:';',~,,,;,;-'':'''';A~';;''';'';~'~;.,,,''''-''~';';''''';;;~;'':'''~''''''';''''--'';''''''';'~~'''''-:^'''_'c0,.=-"c.,.,.=;"._',.c,~,~~-';;",,,.c...,..N"-',~c.'0>,;_,;,,,~.,,,...,,,.,o.,~_,,..,,,.~'",:,;,,,,,,,,,,,,,;,,,,~,,-,,,,,""~,~=,~,~,,,-,,,,,"""";","",,;.~~~~""~',",,,c,,,".~~~-",, For further Information contact the Regional Clerk's office at (905) 685-1571 or 1-800-263-7215 www.reglonal.niagara.on.ca From the March 22, 2007 Meeting of Regional Council Volume 15, Issue 4 2007 Provincial Budget Niagara's Share Ontario Finance Minister Greg Sorbara announced in his budget speech this afternoon (March 22) that the provincial government would invest $17.5 million in 2006-2007 and an additional $17.5 million in 2007-2008 for the planned Convention Centre in the City of Niagara Falls and $1.5 million for the Town of Niagara-on-the-Lake's community centre. This is fantastic news for our region's tourism industry and is a shining example of what can be achieved through co-operation among our local municipalities, the Region, and the provincial government. T op Hat Ceremony Marks the Beginning of the 2007 Shipping Season Regional Chairman Partington and Councillors McMullan, Badawey, D'Angela, Augustyn and Timms were present on Tuesday, March 20, 2007 for the annual Top Hat Ceremony marking the opening of the Weiland Canal shipping season. The event reaffirms the importance of the shipping industry to our region. It was wonderful to have Transportation Minister Donna Cansfield present as the keynote speaker. Niagara Most Responsive Level of Government in Canada - Greenhouse Sector Editorial comments made in this month's edition of Greenhouse Canada Magazine, Canada's National Greenhouse Magazine, noted: "The Region of Niagara is probably the most responsive level of government in Canada with respect to the greenhouse sector. The Niagara Economic Development Corporation has worked diligently to boost the sector. Tapping into funding sources within the Ontario Ministry of Agriculture, Food and Rural Affairs, the Ontario Greenhouse Alliance, and its own budgets, it's provided innovative marketing services for the greenhouse floriculture sector across the province. .. There is much to admire about the way Niagara has assisted the greenhouse sector. Indeed, there is much all levels of govemment can earn from them. " Niagara Week 2007 - April 23 - 25 Once again our five MPPs have agreed to join Regional Chair Partington in co-hosting the reception being held on April 24 during Niagara Week April 23-25. WOrking Together Can Produce TERRIFIC Results! Regional Council made note of four letters from Minister Gerretsen confirming funding projects submitted by Niagara Region under the Rental and Supportive component of the Canada- Ontario Affordable Housing Program. This is just one example of how working together can produce TERRIFIC results. F our Pillars of a Complete Niagara Building From a Blueprint for an Even Better, Smarter Niagara The Sixth Smarter Niagara Summit on the "Four Pillars of a Complete Niagara Building From a Blueprint for an Even Better, Smarter Niagara" will be held on May 10 and 11, 2007 at the Hilton Garden Inn Hotel, Niagara-on-the- Lake. Wainfleet Servicing Project Staff will implement a review of alternative technologies as identified through the pre-design Expression of Interest process, including establishment of a Technical Review Team to carry out the assessment, for the Wainfleet Servicing Project. Staff was also directed to support the efforts of the Township of Wainfleet to continue to advise Lakeshore residents of progress made in the Wainfleet Servicing Project through the implementation of a communication plan. The Public Health Department will be requested to comment on the timelines and Next Steps outlined in the report. C lean Harbour - Update Councillor D'Angela and Dr. Williams provided Regional Council with an update on the Clean Harbour incident that took place in February 2007. A public meeting was held on March 21, 2007 and attended by representatives of the Ministry of the Environment, Public Health Department, City of Thorold Fire Department, Clean Harbour, members of City Council and Councillor Gabriel. The public meeting was well attended by the general public. Regional Council was advised that testing is continuing, and all results to date verify that there are no health impacts as a result of the explosion, and that the public's concerns are being addressed as they arise. Review of Roles and Responsibilities Regional Council endorsed the direction contained in Report CAO 5-2007, Process to Review Economic Development Function in Niagara, and the draft Terms of Reference related to review of roles and responsibilities among economic development and tourism promotion organizations in Niagara. A steering team made up of a representative group of the Area Administrators will develop the details of the work plan using the Terms of Reference as a guide, with results of the review being reported to Council by the end of May 2007. Priority Access to Veterans Rapelje Lodge has been chosen by Veteran Affairs Canada (VAC) in cooperation with the Ministry of Health and Long-Term Care for a designated bed to provide priority access to veterans. The V AC chooses long-term care beds based on community reputation and a proven record of providing quality care. Niagara Region currently has five VAC beds, four of which are in regional homes. "Ni~gar~:.If.R~gion Bui/ding Community. Building Lives. r- t iJ :~~"",~i,,#,,_ ,~,~""-"",,,,,,,~~~,,-,~""""~'~f^",,--~,,,,.,,,'_'~O"'--""",",',",,_"--=-&.''''=-".~''~CC'7',''~~~''_~-'^'.~_~ - _^,~m^".'-~_"",h'c~",",.""",,""~'~_"C,c'-,,,'~'>,_,~, "'_'_..-'-'~"""'_"'''_''''_'''~~''_~'''_''''_'''__'''''__'''''_~"''';'''~_'~<?_~~.,..-~",,,'_"""~."_ For further information contact the Regional Clerk's office at (905) 685.1571 or 1c80Q-263-7215 www.regional.niagara.on.ca From the March 1, 2007 Meeting of Regional Council Volume 15, Issue 3 2007 Capital APPROVEDI Budget are mostly related to speed, alcohol and driver error. The Transportation Services Division of the Public Works Department has established various programs to deal with the road safety related Issues in an effort to mitigate any future occurrences. ApPOintment of the Community Member to the Police Services Board Mr. Thomas (Todd) Shoalts, CA, was appointed as the Community Member to the Niagara Police Services Board for the term of March 2007 - November 2010. 2007 Current APPROVEDI Budget The 2007 Capital Budget for Regional Departments and Agencies, Boards and Commissions, excluding Niagara Regional Police Service, as listed below, was approved in principle. Staff was directed to review the forecast in 2007 with the objective of complying with the Capital Management Policy. United Way Incentive Prizes Representatives from the various employee groups presented the 2006 United Way incentive prizes to the following individuals at the February 21, 2007, Corporate Services Committee meeting: RENU: Bob Diakow, Corporate Services; CUPE 1263: Doug Smith, Niagara Regional Housing; CUPE 1757: Christine Cook, Community Services; CUPE 1019: Carol Patterson, Public Works; CUPE 1287: Ray Waters, Public Works. Road Place Safety Initiatives Regional Council received a report that addresses concerns respecting vehicle accidents and the disproportionately high number of fatalities on Regional and local roads within Niagara, which The 2007 Current Net Budget for Regional Departments and Agencies, Boards and Commissions, and Niagara Regional Police Service in the amount of $393,032,500 was approved. in Nominations Are Being Accepted Now! The YWCA Niagara Region is encouraging individuals to send in their nominations for the YWCA Niagara Region, Women of distinction Awards that are held to acknowledge women from different walks of life who have distinguished themselves by their personal achievements, their community commitment and above all their contribution to the advancement of women. While the Women of Distinction serve as role model for other women, their individual actions echo the mission of the YWCA Niagara Region and further the place of women in our society. The deadline for nominations is March 23, 2007. Niagara's 2006 Population Figures are In! Niagara's population for 2006 is 435,125 as per Statistics Canada. Child Advocacy Centre of Niagara - Newl Representatives from Child Advocacy of Niagara made a presentation at the February 20, 2007, Public Health and Social Services Committee meeting respecting their new centre, the Child Advocacy Centre of Niagara, a centre where a comprehensive multi"disciplinary team can investigate allegations of physical and sexual abuse of children. The services provided at the centre will minimize the trauma of its child victims and their families. 2007/2008 Uniform Sewer and Water Rates - APPROVED! Regional Council approved the proposed 2007/2008 Uniform Sewer and Water Rates as they were presented and approved by the Joint Corporate Services Committee and Planning and Public Works Committee. Niagara is a Richer Community Because of Mel Swart's Contributionsl Regional Council noted the passing of former Regional Councillor, former Warden of Weiland County, and former MPP Mel Swart. Mel was a great advocate for our community and a dedicated family man; he was a builder of Niagara; a founding board member of the Niagara Peninsula Conservation Authority, Brock University and the Thorold Community Credit Union. Niagara is a richer community because of Mel's contribution, he will be greatly missed! Rental & Supportive Recommended List of Recommended! Component Projects - Regional Council approved Niagara Regional Housing's report respecting the Canada-Ontario Affordable Housing Program: Rental & Supportive Component Recommended List of Projects, which recommends to the Ministry of Municipal Affairs and Housing the approval of the "A" list of recommended projects under the Canada-Ontario Affordable Housing Program; requests them to provide additional funding for twelve additional units that exceed the approved allocation and would approve the "B" list of recommended projects for funding under the Canada-Ontario Affordable Housing Program in the event there is an additional allocation under the program. Home Ownership Component - Delivery Plan - Approved! Regional Council approved Niagara Regional Housing's delivery of the Home Ownership Component of the Canada-Ontario Affordable Housing Program. Don't Forget to Set Your Clocks Ahead One Hour on March 11 . BOARD REPOR1-' REGIONAL MUNICIPALITY OF NIAGARA POLICE SERVICES BOARD PSB CHAIR AND VICE-CHAIR ELECTIONS PSB Minutes #1 & 2. - The election for Chai( and Vice-Chair were deferred until the March 29"" Police Services Board meeting, pending two appointments - one provincial and one citizen. PSB COMMITTEE REPRESENTATION PSB Minute #25. - The Board considered a memorandum from Deb Morton, Executive Director, requesting confirmalion of he Board's committee structure for 2007. In consideration to the pending memberships of two Board appointments, the Board deferred the item to its March 29 meeting. RE-APPOINTMENT TO POLICE SERVICES BOARD ORDER IN COUNCIL - MALCOLM WOODHOUSE PSB Minute #34. - The Board considered Order in Council No. 39/2007 reappointing Mr. Malcolm Woodhouse as a member of the Police Services Board for a period of three years, effective June 14, 2007. On behalf of the Board, Chair Iggulden offered congratulalions to Member Woodhouse on his re-appointment. REPORTS FROM THE BOARD CHAIRPERSON Chair Iggulden reported the following: Police Services Board 2007 AWARD OF EXCELLENCE - On February 20 the Board put out a call for nominalions for the Board's Award of Excellence to all members of the Service. This award was created in 2003 and recognizes annually a member of the Service who has performed an outstanding service by making a significant contribulion to the Service and/or to the community and that has demonstrated continued excellence in the performance of their duties. Nominations close on March 30 at which lime the Board will review the submissions and select a recipient. The award will be presented at Annual Awards Day Ceremony being held in May. UDcomina Labour Relations Session " The Police Association of Ontario (PAO) is hosting its annual Police Employment Conference in Toronto on March 5 and 6. Niagara Regional Police will be represented by both Board and Service members. REPORTS FROM THE ACTING CHIEF OF POLICE Acting Chief Beaulieu reported on the following: Mariiuana Grow-ODS - 2007 Statistics Totals for the period of January 25 to February 21, 2007: Estimated street value seized $276,000; . Estimated value of equipment seized $21,500. Totals for 2007 year to date are as follows: . Eslimated street value seized $1,340,000; . Estimated value of equipment seized $56,500. Homicides. Robberies & Traffic Fatalities Statistics Totals for the period of January 25 to February 21,2007: Homicide Statistics There were no homicides for the period January 25 to February 21,2007, compared to one for the same period in 2006. Acling Chief Beaulieu indicated that the NRPS Major Crime Unit is involved in a number of ongoing court proceedings resulting from 2006 and 2005 homicide charges, thus adversely impacling current staffing and resources. Robberies During the reporting period of January 25 to February 21,2007, there have been . 28 robberies in Niagara; . 9 robberies cleared; . 19 investigalions ongoing with no arrests, indicaling a . 31 % clearance rate (yearly average 44% based on the last five years). 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 Morlon Executive Director Sandi Taylor Executive Assistant Dawn Cichocki Board Clerk +++ For furlher information contact: Regional Municipality of Niagara Police Services Board 68 Church Street st. Calharines, Ontario L2R 3C6 Bus: (905) 685-0321 Fax: (905) 688-0036 Email: nrpboard@mps.com Website: www.nrps.com Traffic Fatalities/Serious Personal Injury Statistics There were no traffic fatalities .for the period January 25 to February 21, 2007, compared to one for the same period in 2006, however, there were two incidents involving serious injuries compared to one for the same period in 2006. Internet Lurina & Sex Offences - On February 10 the Niagara Falls Uniform Branch received reports of inappropriate contact over the Internet between a 10-year- old Niagara Falls child and an adult suspect. Subsequent investigation led to the execution of a Search Warrant by members of the Uniform Branch, the Child Abuse Unit and the Technological Crime Unit. A quantity of computer equipment and other evidence was seized and a 25-year-old Niagara Falls male was arrested and charged with Sexual Assault, Sexual Interference, Invitation to Sexual Touching, Internet luring of a Child and Possession of Child Pomography. Internet lurina Safetv Course " The. Niagara' Region' Children's Village will be delivering a program to area children on the dangers of Internet luring. The program is being funded through a United Way grant and is part of a broad range of safety education delivered to over 20,000 children annuaily across Niagara. The Service remains a proud sponsor of the Safety Village and assigns one full-time Community Services member to assist with its programming and education needs. Weiland Mother and Dauahter Attacked with Saw - On February 16, a female wielding a 10" collapsible-blade saw assaulted a 32 year-old Weiland woman and her 11 year- old daughter as they walked out of their First Avenue apartment building. The woman's eleven-year old daughter was initially targeted by the assailant, which triggered the mother to come to her daughter's aid and disarm the attacker. Unfortunately the mother suffered serious disfiguring injuries, which are not considered life threatening. The daughter sustained superficial cuts to her head and hand. A nineteen-year oid female was arrested and charged with Aggravated Assault and Assault with a Weapon. AttemDted Murder of Officer - Incident #1 - On February 7 during a traffic stop of a wanted person in the city of Niagara Falls, an officer was required to take action to prevent the man from fleeing. In response, the suspect suddenly put the. vehicle in gear and surged fOlward, sideswiping another vehicle and pinning the officer between the two vehicles. The suspect then sped off striking a second vehicle in the process. With the assistance of concerned citizens police located the driver a short distance away. The officer, a 4-year member of the Service, was treated for his injuries and released from hospital. The suspect was charged with Attempted Murder and a variety of driving-related charges. AttemDted Murder of Officer - Incident #2 . On February 13 Niagara Falls officers responded to a reported stolen vehicie that was deliberately striking other vehicles. As officers attempted to contain the vehicle, one officer was struck in the side as the suspect rammed his vehicle. A second officer drew his service pistol and fired one shot as Volume 6, Issue 2 the suspect drove directly at the officer. The round struck the suspect vehicle in the driver's side door, but did not strike the driver who continued to elude apprehension until officers managed to pin the vehicle against a tree. A 43 year-old Niagara Falls male is facing numerous charges, including Attempted Murder. No civilian vehicles were damaged, but four police cruisers received significant damage. The injured officer received non-life threatening injuries and was treated and released from Greater Niagara General Hospital. Neither the suspect, nor any member of the community received injury as a result of this incident. Exolosion on AllanDort Road - Shortly after 6:00 a.m. on February 19, local emergency services were dispatched to an explosion at Clean Harbours Canada Inc. located on Allanport Road in Thoroid. Clean Harbours is a chemical waste facility that houses and processes chemical and industrial wastes. Emergency crews attended, and residences and businesses within a two-kilometer radius from the facility were evacuated. A number of road closures were also established. The Ministry of the Environment, in cooperation with the Niagara Region Public Health Unit and the City of Thorold Fire Department, conducted air quality testing. Most residents and employees in the area were able to return to their homes or businesses before the end of the day. The Ontario Fire Marshall's office is investigating and, at present, the cause of the fire has not been determined. There were no injuries reported as the result of the incident. REGIONAL MUNICIPALITY OF NIAGARA PSB Minute #35. - The Board considered a letter from Pam Gilroy, Regional Clerk, RMON, providing the decisions of Regional Council respecting approval of the Corporate Services Committee recommendations and confirmation of receipt of police correspondence. On January 18 the Council of Regional Municipality approved the following: "That Report CSD 07-2007, January 10, 2007, respecting Capital Budget Allocation for Capnal Projects ZP009802 S.P.I.R.I.T. (Supporting Police in Records Information Technology), be received; ....... ... That the Capital BUdget allocation of $800,000 gross and $800,000 net from the 2006 Capnal Budget be approved and initiated for Project ZP09802 S.P.I.R.I.T. (Supporting Police in Records Infonnation Technology) with long term debt financing (10 years); That the Regional Clerk be directed to ensure that the appropriate by-Iaw(s) are prepared for presentation to Regional Council." And with respect to correspondence items: "That the following communications be received for information: CSC 1-2007 (October 31, 2006) NRPS Voice Radio System Infrastructure and Equipment, Capital Project ZPOO605 - Initiation; February 2007 Page #2 CSC 2-2007 (October 31, 2006) NRPS Variance Report 160.2006; CSC 3--2007 (December 5. 2006) NRPS Variance Report 198.2006; CSC 4-2007 (December 5, 2006) Capital Project ZP00611 - Real Time X-Ray 194-2006; CSC 6-2007 (December 15, 2006) NRPS Variance Report 206.2006; and ''That Communication CSC 5-2007 ...(December 8, 2006) respecting By-law 280-2006 - Amending Certain Charges for Police Services 2007 and 2008, 200.2006, be approved." The Board received the item for its information. NIAGARA COALITION ADDRESSING YOUTH VIOLENCE PSB Minute #46. - The Board considered a letter from Deputy Chief Beaulieu advising of the community forum on youth victimization and offending that was held on March 1. The forum presented Niagara with a unique opportunity that brought together community ieaders to address issues as they relate to bullying and all other forms of youth victimization. Member Tufford attended the event on behalf of the Board. SPECIAL INVESTIGATIONS UNIT - INVESTIGATION INTO INJURY - GLESBY, WILLIAM PSB Minute #C.20. - The Board considered Service report C.4/2007 providing the decision of the Special Investigation Unit as it relates to injUry sustained by Mr. William Glesby. On August 28, 2006, a NRPS uniform officer had occasion to stop a suspicious vehicle being driven by a male who was accompanied by a female passenger. While the officer was taiking with the male, a call came into police dispatch advising that a hit and run motor vehicle collision had oCCurred 15 minutes prior in close proximately to where the officer had stopped this particular vehicle. The car being driven by the male which the officer was engaging in conversation with at that particular time fit the description of the vehicle being described over the officer's portable radio, and upon hearing the broadcast the driver of the suspect vehicle managed to maneuver the car and speed away. The officer then initiated a suspect apprehension pursuit. The pursuit ended moments iater when the vehicle collided with another at an intersection. The driver fled the vehicle and proceeded to flee police by foot, however, he was soon apprehended and identified as William Giesby. He was then placed under arrest. It was noted in the report that at the time of the arrest, it was apparent that Mr. Glesby had sustained injury to his wrist. Therefore, pursuant to the provisions of the Pollee SeN/ces Act of Ontario, the Special Investigation Unit (SIU) was contacted and invoked their mandate, which resulted in the commencement of an investigation in which one (1) officer was designated as a subject officer and four (4) as witness officers. On October 2, 2006, SIU Director James L. Cornish advised Chief Southall that the investigation had been concluded. It was determined that there were no reasonable grounds to believe that any police officer Volume 6, Issue 2 involved in this incident had committed any criminal offence. Mr. Cornish concluded that no further action needs be taken as the officers involved had conducted themselves appropriately in the circumstances save and except two (2) minor incidents, both of which were addressed. The S.I.U. report also indicated that Board mav 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 piaced on its public agenda. . As mandated under the legislation of Section 11 (1) of Ontario Regulation 673198 made under the Pollee Services Act, the Board received the report for its information. NRPS AMENDED 2006 YEAR-END FINANCIAL OPERATING RESULTS The. Board considered an updated Service report dated February 21, 2007 amending the NRPS 2006 year-end financial operating results. The 2006 operating budget for the Service was administered during a year that was impacted by significant operating activities. Despite the fact that Service personnel reported that all expenditures would be incurred as budgeted, it was not pOSSible to complete a substantial portion of some planned initiatives. Consequently, a $2.8 million net expenditure saving was realized. Year-end financial operating results have been amended and subject to approval of Regional Council of the Consolidated Regional Year-End Transfer report, the Board approved the following: 1. A transfer of the Accumulated Sick Leave Reserve Fund in the amount of $288,859 representing the budgeted amount not expended in 2006 for retirement sick leave payouts; 2. The transfer ofthe net expenditure savings of $41,398 from the Police Service Board cost centre to the Police Services Board Contingency Reserve; Budget allocation totaling $1.929 million for one-time expenditures as follows: 3. $1,000,000 for the Special Investigations Task Force; 4. $ 300,000 for the Job Evaluation Process; 5. $ 250,000 for Attendance Management; 6. $ 150,000 for the Drug Recognition Expert Training and Equipment; 7. $ 100,000 for Proactive Recruiting Marketing Initiative; 8. $ 40,000 for Intelligence; 9. $ 39,000 for Project Tandem; 10. $ 50,000 for the Social Marketing Initiative; Additional Transfer to Reserve Funds as follows: 11. A transfer to the Police Contingency Reserve for the remaining net expenditure savings of approximately $522,930. Febmary 2007 Page #3 2006-2007 R.I.D.E. GRANT PROGRAM. FINAL REPORT PSB Minute #41. - The Board considered Service report 3912007 requesting authorization for the Board Chair to execute the required R.I.D.E. Grant finai report, Schedule C, relevant to the 200612007 provincial grant. In June 2006, the Board entered into a contractual agreement with the Ministry of Community Safety and Correctional Services, which saw the allocation of $20,692.11. In the past, provincial funding allocated through the Ministry's RJ.D.E. grant program has allowed officers to conduct some of Ontario's most successful impaired driving initiatives. Upon consideration of the item, the Board authorized its Chair to execute the required documentation. 2007 VEHICLE REPLACEMENTS & INFORMATION PSB Minute #43. - The Board considered Service report 49/2007 providing information requested at the January 25 meeting relative to the use of alternate fuels and the Fleet Utilization Project. The Service currently has 12 diesel-fueled vehicles however, at this time the advantages of diesel-powered vehicles are limited to the NRPS as a police packaged patrol cruiser is not available in a diesel model. The Service reported that an increase in diesel utilization would likeiy increase Fleet maintenance costs regarding parts and equipment purchases and skill requirements, and that the purchasing leverage through the tendering process and the Police Co-operative Purchasing Group (PCPG) would be reduced, as the choice of vehicle models would be restricted. In relation to Hybrid vehicles, it was reported that this is an emerging market that is continually being monitored by Fieet Services. Also noted was that Senior Operationai staff met in November 2006 and discussions resulted in a number of units having their vehlcies reassessed to determine the suitability of an alternative to the current make/model. In relation to the Fleet Utilization Project, current Fleet requirements are under review and Fleet Services has been and continue to be proactive in finding suitabie alternative.. to.new.. ^'Shicle '.' .1'urchasesregarding. administrative and investigative functions as they reiate to owned vs. rented, new vs. used and taxi utilization. Member Bentley suggested that the PCPG be approached to consider the inclusion of alternate fuels in the prescribed police package specifications issued for vehicle manufacturers. Acting Chief Beaulieu ensured that Member Bentley's suggestions would be passed to the NRPS Fleet Manager. The Board received the report for its information. PURCHASING Award Of Quotations To Net CVCloDs'lnc. - PSB Minute #42. The Board considered Service report 43/2007 requesting approvai for seven award of quotations to Net Cyclops Inc (NCI) - the Service's internal networking and security infrastructure partner for installation, integration, Volume 6, Issue 2 support and maintenance. The quotations are being submitted for consideration and are necessary for hardware and software support for several components of the NRPS's secured network environment Member Bentley proposed that related types of system security expenditures incurred to ensure interaclions with other enforcement agencies should be captured separately to be used as support for future requests to federai and provincial governments. Upon consideration of the requests, the Board approved funding in the amount of $103,926.42 pius applicable taxes. A breakdown of the awards is as follows: 1. Q13375 Aladdin eSafe Gateway Maintenance $8,591.25; 2. Q13376 Checkpoint Maintenance - $10,232.47; 3. Q13378 RSA Maintenance $842.50; 4. Q133811SS Maintenance -$4,186.00; 5. Q13382 NCI-Nokia Maintenance - $4,408.20; 6. Q13383 Nortel Maintenance renewal. $67,409.00; 7. Q13384 NCI Safe Support - $8,257.00. DONATIONS NRPS Women's Hockev Team - PSB Minute #44. - The Board considered Service report 41/2007 requesting a donation to assist the women's hockey team of the Niagara Regional Police Service with the required $700.00 entry fee for participation in the 2007 International Police Hockey Tournament being held in Niagara on March 7 & 8, 2007. The Board authorized a donation from the Special Fund in the requested amount of $500.00. Women's Place of South Niaaara PSB Minute #45. The Board considered a memorandum from Deb Morton, Executive Director, PSB, providing information relative to a request for sponsorship from Ms. Tamara Coleman-Lawrie, Development Officer, Women's Place of South Niagara for their 5'" Annual "Strike Out Violence" BowlingTournament. The Board has a discretionary pool of funds, which it uses for grants and donations. Disbursements are made in accordance to the Police SelVices Act and also with Board policy. Therefore, in consideration with the fact that past donations to Women's Place have amounted in $3.175.00, it was decided that a donation in the amount of $500.00 would be made to support the 200?,"StrikeOutVibience" Tournament and that Women's Place of South Niagara be advised that the Board will not support any further requests for additional funding in 2007. Friends of Niaaara's Mounted Police - PSB Minute #36. The Board received a certificate of donation from David E. Belme, Chairman, Friends of Niagara's Mounted Police, (FNMP). In November 2006, the Board approved a donation in the ~mount of $1,000.00 to assist the FNMP with expenses Incurred for repairs and certification to the four-horse personally-owned trailer used by the NRPS Mounted Unit. It was noted that this was one of the iargest contributions received by the FNMP and it pleases the Board to be amongst its top supporters. February 2007 Page #4 The organization's latest updates can be viewed by accessing their website at www.frmp.orQ. 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 approximateiy 80 performance standards, a vigorous training program, and an ongoing skills deveiopment 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. . . ~- ..' ~ ,- -"0" . .~.: ~-..: --' . ....:..... i: ." . ' Annual report(s) received this month relale III the follOWing subject matter and were prepared by the noted Service member(s): v' Fail to Stop Statistics PSB Minute #37. Service Report #38/2007 Constable Scot Elliot SAP. Analysis, Training Unit Acting Chief Beaulieu acknowledged Ihe substantial risk to officers and public safety presented in these slatistics, and was pleased to report a reduction in 2006 reflecting the training and control exhibiled by officers in such dangerous situations. v' Use of Force Statistics PSB Minute #38. Service Report #3712007 Constable Tammy Morden Use of Force Analysis, Training Unit Acting Chief Beaulieu noted the tremendous investment by the Service in the Training Unil and ils recognition reflected by the conlents of the above noted document. <t' Community Policing Fundraising PSB Minute #40. Service Report #26/2007 Sergeant Debbie Beaulieu Policing Standard Unit POLICE COMMENDATIONS The Board would like to recognize the following members and commend them on receiving a Chief and/or Commander's Commendation for the following related incidents, which displayed exemplary service within Ihe community: Volume 6, Issue 2 Chief of Police Commendations Personnel Order 25/2007 - Constables Joan Vanbreda, Paul Woo, civilian member Michael Cross and fonner member Juanita Maclean for their involvement in the design of the 'Argus' Dalabase, a program used to conlain information on sex offenders, high-risk individuals and persons at large. Working toward the common goal of protecting the citizens of Niagara truly defines both the roles of a Niagara Regional Police officer and a civilian support staff member. When one thinks of protecting the citizens of Niagara, such proteclion is often associated with an incident that requires police attendance. However, having a behind the scene look at the operations of a policing organization we know thai safety issues are addressed not only by attending officers but aiso by officers and civilians who work in an administrative capacity. This teams' involvement in the design of Ihis database program will no doubl have a valuable impact on the operations of the NRPS as it will become an integral resource for NRPS officers and enable Ihem to better serve and protect Niagara's Citizens. . Personnel Order 26/2007 -Constables Jeff McAllister, Jay Levasseur, Thomas Neilson, Robert Conroy and Detective Constable Jay Howe for their action taken on December 1, 2006 during an incident involving an armed robbery at a pharmacy in the City of Niagara Falls. The combined efforts of these officers showed excellent teamwork practices. Each is commended on the thoroughness of their policing duties and obligations. By working together they were able to bring this incident 10 a close and assist in the arrest of an individual who may have placed more innocent people in a frightening and potentially dangerous situation. The diligenl nature in which Ihey applied their policing skills resulted in the arrest of nol only the lone robbery suspecl but to Ihal of two accomplices. Also, upon the discovery of found evidence, police concluded the Ihree individuals had intention of continuing on a robbery spree throughout the Niagara Region. The noted officers prevented this from occurring. Personnel Order 27/2007 - Detective Sergeant Ronald Cudney; Sergeant David Shennan; Detective Constables Carmen Ventresca, Lisa Isherwood, Daniel Nadeau; and Constables Alexander MacKay, Christopher lucy,' David Harrison, Simon Wayda, Trevor Katch and Michael Dowd for their action taken on during an .incidenl .involving Ihe arrest of indivldual~ involved in organized crime. The unified efforts of all noted officers while conducting this investigation are commended. Dealing with members of organized crime can perhaps be considered one of the most dangerous aspects of policing as those associated with such crime activity have a tendency to show no respect for the law, those who enforce it or for innocent members of the community. The team working praclices of these officers are applauded and they proved most beneficial. The diverse policing skills utilized throughout this incident brought it 10 a successful close and ultimately led to the arrest of two extremely dangerous Individuals without tragic incident. February 2007 Page #5